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CONGRESSIONAL RECORD
CONTAINING
THE PROCEEDINGS A ID DEBATES
SIXTY-SECOND CONGRESS, SECOND SESSION.
t
YOLTJME XLYIII.
W A S H IN G T O N :
I
1
V O L U M E X L V I I I, P A R T X III.
CONGRESSIONAL
RECORD.
SIXTY-SECOND CONGRESS, SECOND SESSION.
/
INDEX
N A M E S
A N D
P O S T -O F F I C E
A D D R E S S E S
OF
SENATORS
IN THE
SECOND
SESSION OF TH E
Ja m e s
Name.
Aslmrst, Henry F -------Bacon, Augustus O-----Bailey, Joseph W -------Bankhead, John H -----Borah, William E ------Bourne, Jonathan, jr__.
Bradley, William O----Brandegee, Frank B —
Briggs, Frank O---------Bristow, Joseph L ------Brown, Norris-------------Bryan, Nathan P --------Burnham, Henry E-----Burton, Theodore E----Catron, Thomas B ------Chamberlain, George E.
Chilton, William E-----Clapp, Moses E-----------Clark, Clarence D -------Clarke, James P ---------Crane, W. Murray------Crawford, Coe I ---------Culberson, Charles A__.
Cullom, Shelby M-------Cummins, Albert B -----Curtis, Charles---------—
Davis, Jeff------------------Dillingham, William P_
Dixon, Joseph M---------du Pont, Henry A --------Fall, Albert B -------------Fletcher, Duncan U----Foster, Murphy J--------Gallinger, Jacob II------Gamble, Robert J--------Gardner, Obadiah 1
------Gore, Thomas P ----------Gronna, Asle J------------Guggenheim, Simon-----Heyburn, Weldon B -----Hitchcock, Gilbert M---Johnson, Charles F------Johnston, Joseph F ------Jones, Wesley L ----------Kenyon. William S ------Kern, John W _________
Da Follette, Robert M—
Lea, Luke______________
Lippitt, Henry F ----------
S.
Sh e r m a n ,
Prescott, Ariz.
Macon, Ga.
Gainesville, Tex.
Jasper, Ala.
Boise, Idaho.
Portland, Oreg.
Louisville, Ky.
New London, Conn.
Trenton, N. J.
Salina, Ivans.
Kearney, Nebr.
Jacksonville, Fla.
Manchester. N. II.
Cleveland, Ohio.
Santa Fe, N. Mex.
Portland, Oreg.
Charleston, W. Ya.
St. Paul, Minn.
Evanston, Wyo.
Little Rock, Ark.
Dalton, Mass.
Huron, S. Dak.
Dallas, Tex.
Springfield, 111.
Des Moines, Iowa.
Topeka, Kans.
Little Rock, Ark.
Waterbury, Vt.
Missoula, Mont.
Winterthur, Del.
Three Rivers, N. Mex.
Jacksonville, Fla.
Franklin. La.
Concord, N. H.
Yankton, S. Dak.
Rockland, Me.
Lawton, Okla.
Dakota, N. Dak.
Denver, Colo.
Wallace, Idaho.
Omaha, Nebr.
Waterville, Me.
Birmingham, Ala.
North Yakima, Wash.
Fort Dodge, Iowa.
Indianapolis, Ind.
Madison, Wis.
Nashville, Tenn.
Providence, R. I.
el ref o T by111o- ,i'i'. hu C 0 f W ilI,am I>- Frye’ deceased, and subsequently
■
0
CONGRESS..
Vice President, Utica, N. Y,
Home post office.
-’ E /e c tk n declared invalid by Senate July 13, 1912.
Appointed in place o f George S. Nixon, deceased.
S IX T Y -S E C O N D
Name.
Home post office.
Lodge, Henry Cabot----------------- Nahant, Mass.
Lorimer, W illiam 2
------------------- Chicago, 111.
McCumber, Porter J---------------- Wahpeton, N. Dak.
McLean, George P ------------------- Simsbury, Conn.
Martin, Thomas S------------------- Charlottesville, Ya.
Martine, James E -------------------- Plainfield, N. J.
Massie, W. A.3
-------------------------- Reno, Nev.
Myers, Henry L ---------------------- Llamilton, Mont.
Nelson, Ivnute------------------------- Alexandria, Minn.
Newlands, Francis G----Reno, Nev.
Nixon, George S.4
----------Reno, Nev.
O’Gorman, James A ------New York City.
Oliver, George T ----------Pittsburgh, Pa.
Overman, Lee S------------Salisbury, N. C.
Owen, Robert L ------------Muskogee, Okla.
Page, Carroll S-------------Hyde Park, Yt. .
Paynter, Thomas LI-------Frankfort, Ky.
Penrose, Boies--------------Philadelphia. Pa.
Percy, Le Roy---------------Greenville, Miss.
Perkins, George C----------Oakland, Cal.
Poindexter, Miles----------Spokane, 1Va sh.
Cantoh, Ohio.
Pomerene, Atlee-------------Baltimore, Md.
Rayner, Isidor--------------Kansas City, Mo.
Reed, James A --------------Dover, Del.
Richardson, Harry A -----New York City.
Root, Elihu-------------------Chattanooga, Tenn.
Sanders, N ew ell5
-----------South Bend, Ind.
Shively, Benjamin F-----New Bern, N. C.
Simmons, F. M--------------Smith, Ellison D-----------Florence, S. C.
Snow Hill, Md.
Smith, John Walter------Atlanta, Ga.
Smith, Hoke------------------T u cson , A riz.
Smith, Marcus A -----------Grand Rapids, Mich.
Smith, William Alden----Provo, Utah.
Smoot, Reed____________
Marinette, Wis.
Stephenson, Isa a c--------Jefferson City, Mo.
Stone. William J-----------Salt Lake City, Utah.
Sutherland, George--------Chatham, Ya.
Swanson, Claude A ------Nashville, Tenn.
Taylor, Robert L.°-----------Alexandria, La.
Thornton, John R ----------Trenton, S. C.
Tillman, Benjamin R ------Townsend, Charles E ------Jackson, Mich.
Warren, Francis E ---------Cheyenne, Wyo.
Watson, Clarence W -------Fairmont. W. Ya.
Wetmore, George P-------Newport, It. I.
Williams, John Sharp----Cedar Grove Farm, R. F. D. No.
Benton, Miss.
Works, John D --------------Los Angeles, Cal.
* Died .Tune 5, 1912.
® Appointed in place o f Robert L. Taylor, deceased.
0 Died March 31, 1912.
N A M E S
A N D
P O S T -O F F I C E
A D D R E S S E S
OF
R E P R E S E N T A T IV E S A N D
DELEGATES
IN THE
SECOND
SESSION
OF T H E
SIXTY-SECO N D
CONGRESS,
C h a m p C l a r k , Speaker, Bowling Green, Mo.
Name.
Home post office.
Adair, John A. M
Adamson, Will inn\P
Aiken, Wyatt
................
Ainev. w ' d . B 1 '
Akin, Theron
Alexander. .Toslma W
Allen, Alfred G
Ames, Holler
Anderson, riari n
Portland, Ind.
Carrollton, Ga.
Abbeville, S. C.
Montrose, Pa.
Akin, N. Y.
Gallatin, Mo.
Cincinnati, Ohio.
Lowell, Mass.
Fostoria, Ohio.
Lanesboro, Minn.
Andrus, John F
Yonkers, N. Y. An sherry. Timothy T
Defiance, Ohio,
_____
Anthony, D. It., jr
Leavenworth, Ivans.
Ashbrook. William A
Johnstown, Ohio.
Austin, Richard W
Knoxville, Tenn.
Ayres, Steven H
.........
New York, N. Y .
Pittsburgh, Pa.
Barchfeld, Andrew J
Barnhart, Henry A
Rochester, Ind.
St. Louis, Mo.
Bartholdi, Richard
Bartlett, flharlesT,
Macon, Ga.
Bates, Arthur T,
Meadvilie, Pa.
Rathriek, Til. R
Akron, Ohio.
Beall, .Tack
. . ...
Waxahacliie. Tex.
Gainesville, Ga.
Bell, Thomas M
Milwaukee, W is.
Berger, Victor L
..... Philadtelphia, Pa.
Bingham, TTenrv TT,2
Blackmon, lfred T,
Anniston. Ala.
Rnehne John W
Evansville, Ind.
Hoolier, ("diaries F
...... .
. Savannah, Mo.
........ Kansas City, Mo.
Borland, William P
Pittston, Pa.
Bowman, Charles C _ _
Bradley, Thomas W
_ . Walden, N. Y.
Brantley, William G----------------- Brunswick, Ga.
New Iberia. La.
Kingwood, W. Va.
Brown inn’, Wihinm J.s
......... Camden. N . J.
Chicago, III.
Buchanan, Frank
- __ Cleveland, Ohio.
Rulkley, Robert J
Gonzales, Tex.
Burgess, George F
Burke, Hilaries T
T
Pierre, S. Dak.
Burke James F
. Pittsburgh, Pa.
Beaver Dam, W is.
Burke, Michael E
Austin, Tex.
Burleson, Albert S _
_
Gadsden, Ala.
Burnett, John T,
Butler, Thomas S
. __ West Chester, Pa.
Aiken, S. C.
By ru e s .Tam es F
.............
B y r n s , J oseph W
Nashville, Tenn.
C a ld e r William AT
.......... Brooklyn, N . YComanche, Tex.
Callaway, Oscar
C a m p b e ll P h ilip P
........
rittsburg. Ivans.
Candler, Ezekiel S., j r
_
- - Corinth, Miss.
Danville, 111.
Cantrill, James C
_
- - Georgetown, K y .
Alexandria, Va.
Ardmore, Okla.
Milwaukee, Wis.
Catlin, Theron E *------------------- St. Louis, Mo.
1 Elected in place of George W . Kipp, deceased.
* Died March 23, 1912.
Name.
Home post office.
Olnrk, Ghnmp
......
Clark, Frank'
.......
Claypool, Horatio O
Clayton, Henry D
Cline, Cyrus
_ _
Collier, James W
Connell, Richard E
Conry, Michael F
Cooper. Henry A
Copley, Tra C _
................
Covington, .T TTarry
___
Cox, Janies M
Pny, William E
Crago, Thomas S
Pra von s, Ben
Crumpacker, Edgar D
Pnllop, William A
PnrTey, James A
T
Currier, Frank D
Curry, George
Da HeR, John
Danfnrth, Hem’y G
_ .....
Daugherty, James A
Davenport, James S
Davidson, .TamesTT
Davis, PharlesR
Davis, John W
p p Forest, Henry S
Tlent, S. Hubert, jr
Denver Matthew R.
Hiekinson, Piement P
Dieksou, William A
Dies, Martin
f ...
Difenderfer, Robert E_________
Dixon, Lincoln
Dodds, Francis T
T
Donohoe, Michael
Doremns, Frank E
Donghton, Robert T,
....
Draper, William T
T
Driscoll. Daniel A
_
Driscoll, Michael E____________
Bowling Green, Mo.
Gainesville, Fla.
Ohiilicothe, Ohio.
Eufaula, Ala.
Angola, Ind.
Vicksburg, Miss.
Poughkeepsie, N. Y.
New York, N. Y.
Racine, Wis.
Aurora, 111.
Easton, Md.
Dayton, Ohio.
Jasper, Ind.
Waynesburg, Pa.
Fort Smith, Ark.
Valparaiso, IndVincennes, Ind.
Boston, Mass.
Canaan, N. II.
Tularosa, N. Mex..
Pittsburgh. Pa.
Kochester, N. YWebb City, Mo.
Vinita, Okla.
Oshkosh, Wis.
St. Peter, Minn.
Clarksburg, W. Va..
Schenectady, N. Y.
Montgomery, Ala.
Wilmington, OhioClinton, Mo.
Centerville, Miss.
Beaumont, Tex.
Ashbourne, Pa.
North Vernon. Ind.
Mount Plea sant, MichPhiladelphia, Pa.
Detroit, Mich.
Laurel Springs, N. C.
Troy, N. Y.
Buffalo, N. Y.
Syracuse, N. Y .
T
New Orleans, La,.
Dryden, N. Y.
St. Louis, Mo.
Edwards, Charles G----------------- Savannah, GaMarion, S. C.
La Crosse, Wis.
Estopinal, La.
Chicago, 111.
TfaiivOiiM Peorve W
Oneonta, N. Y.
Faison, John M------------------------ Faison, N. C.
Scranton, Pa.
Fergussou, FI. B _
_
Albuquerque, N. Mex.
Ferris, Scott.
. .....
Lawton, Okla.
Fields, William J
— _ . Olive Hill, Ky.
Finley, David E
Yorkville, S. C.
3 Elected In place of H . C. Loudenslager. deceased.
' Seat successfully contested by Patrick F. Gill.
8
LIST OF MEMBERS
Names and post-office addresses of Representatives and Delegates of the House of Representatives— Continued.
Name.
Home post office.
Fitzgerald, John J
Brooklyn N Y
Flood, Henry D
Appomattox, Ya.
Floyd, John C
Yellville Ark.
Foeht, Benjamin K _
Lewisburg, Pa.
Fordney, Joseph W
Saginaw, Mich.
Fornes, Charles V
. New York, N. Y.
Foss, George E
. Chicago, 111.
Burlington, Yt.
Foster, David. J.1 _
Foster. Martin T)
Olney, 111.
Fowler. T . Robert
T
Elizabethtown, 111.
Francis, William R
Martins Ferry, Ohio.
Moscow, Idaho.
French, Burton L
Fuller, Charles E
Belvidere, 111.
Gallagher, Thomas
Chicago, 111.
Gardner, Augustus P
Hamilton, Mass.
_
_
Gardner, John J
Egg Harbor City, N. J,
Garner, John N.
Uvalde, Tex.
Dresden, Tenn.
Garrett, Finis J
George, Henry, jr
New York, N. Y.
Gill, “Patrick F.2
'
St. Louis, Mo.
Gillett. Frederick H
Springfield, Mass.
Glass, Carter
Lynchburg, Va.
Dunn, N. C.
Godwin, Hannibal L
_
_
Goeke, J. H
Wapakoneta, Ohio.
Goldfogle, Henry M
New York, N. Y.
Cedar Rapids, Iowa.
Good, James W
Warren, Ark.
Goodwin, William S
Gould, Samuel W
Skowhegan, . Me.
Graham, James M
Springfield, 111.
Gray, Finly H
Connersville, Ind.
Green, William R.
Audobon, Iowa.
Greene, Frank L.3 _
_ __ . St. Albans, Yt.
_
Fall River, Mass.
Greene, William S
Palestine, Tex.
Gregg, A.' W
Greensburg, Pa.
Gregg, Curtis T
T
Griest, William W
Lancaster, Pa.
Asheville, N. C.
Gudtrer. James M., jr
Dover, Me.
Guernsey, Frank E
Jersey City, N. J.
Ha mill, .Tames A ...............
Niles, Mich.
Hamilton, Edward E
Grantsville, W. Ya.
Hamilton, John M
Hamlin, Courtney W
Springfield, Mo.
St. James, Minn.
Hammond, Winfield S
Hanna, Louis B
„ . Fargo, N. Dak.
Hardwick, Thomas W
Sandersville, Ga.
Corsicana, Tex.
Hardy, Rufus
Harris, Robert 0
. . E. Bridgewater, Mass.
Harrison, Ryron P
Gulfport, Miss.
New York, N. Y.
Harrison, Francis B
Hollidaysburg, Pa.
Hartman, Jesse L
Northwood, Iowa.
Haugen, Gilbert 1T
S
Hawley, Willis C_____________ Salem, Oreg.
Madison, Va.
Hay, James
_
_
_
Hayden, Carl
_ _____
Phoenix, Ariz.
Hayes, Everis A
San Jose, Cal.
Heald, William H
Wilmington, Del.
Heflin, J. Thomas
Lafayette, Ala.
Helgesen, Henry T _
Milton, N. Dak.
_
_ _ Stanford, Ivy.
Helm, Harvey
Henry, E. Stevens
Rockville, Conn.
Henry, Robert L
_ __ Waco, Tex.
Hensley, Walter L
Farmington, Mo.
Higgins, Edwin W _
Norwich, Conn.
Hill, Ebenezer .T
Norwalk, Conn.
Hinds, Asher C ___
Portland, Me.
Hopson, Richmond P
Greensboro, Ala.
Holland, E. E
Suffolk, Va.
Houston, William C
____ Woodbury, Tenn.
Howard, William S
Decatur, Ga.
Howell, Joseph
Logan, Utah.
Howland, Paul
Cleveland, Ohio.
Hubbard’ Elbert TT
.4
Sioux City, low’a.
Hughes, Dudley M
Danville, Ga.
Hughes, .Tames A
Huntington, W. Va.
Hughes. William
Paterson, N. J.
Hull, Cordell
Carthage, Tenn.
Humphrey, William E
Seattle. Wash.
Humphreys, Benjamin G_____ Greenville, Miss.
1 Died March 21, 1912.
2 Successfully contested seat of Theron E. Catlin.
8 Elected in place of David J. Foster, deceased.
Name.
Home post office.
.Taeksnn, Fred S
Eureka, Ivans.
Jacoway, Henderson M
. Dardanelle, Ark*
James, Ollie M
Marion, Ivy.
Johnson, Ben
Bardstown, Ivy.
Johnson, Joseph T
Spartanburg, S. C.
•Tones, William A
Warsaw, Va.
Kalin, Julius
San Francisco, Cal.
_____
Kendall, N. E
__
Albia, Iowa.
Kennedv. Charles A
Montrose, Iowa.
Kent, William
Kentfield, Cal.
Kindred, John .T
Long Island City, N. Ye
Kinkaid, Moses P
O’Neill, Nebr.
Kinkead, Eugene F
Jersey City, N. J.
Kiteliin, Claude
Scotland Neck, N. 0.
Kn owl and, Joseph R
Alameda, Cal.
Konig, George
Baltimore, Md.
Kewaunee, Wis.
Konop, Thomas F
Platteville, Wis.
Kopp, Arthur W
Indianapolis, Ind.
Korblv, Charles A
Pullman, Wash.
La Follette, William L
Portland, Oreg.
Lafferty, A. W
York, Pa.
Lafean, Daniel F
Richmond, Va.
Lamb. John
Langham, Jonathan IV
Indiana, Pa.
Langley. John W
Pikeville, Ivy.
North Adams, Mass.
Lawrence, George P
Chickamauga, Ga.
Lee, Gordon
Lee, Robert E
_
__ .. Pottsville, Pa.
Charleston, S. C.
Legare, George S_
_
Superior, Wis.
Lenroot, Trvine L
Lever, Asbury F______________ Lexington, S. C.
New York, N. Y.
L ew . Jefferson M
Lewis, David J_______________ Cumberland, Md.
Little Falls, Minn.
Lindbergh. Charles A
Brooklyn, N. Y.
Lindsaj7 George H
,
Baltimore, Md.
Linthicum, J. Chas
Charleston, W. Va.
Littlepage, Adam B
Port Washington, N. Y.
Littleton. Martin W
Slielbyville, Mo.
Llovd. James T ......
Lobeck, C. O
Omaha, Nebr.
Lougworfb, Nicholas
Cincinnati, Ohio.
Loud, George A
Au Sable, Mich.
McCall, Samuel W
Winchester, Mass.
South Orange, N. J.
McCoy, Walter I
McCreary. Ceorge T
T
Philadelphia, Pa.
Chicago, 111.
McDermott, James T
McCillienddy, Daniel .T
Lewiston, Me.
Pawnee, Okla.
McGuire, Bird
McHenry, John G.
_
_
Benton, Pa.
McKellar, Kenneth D.! _
Memphis, Tenn.
McKenzie, John C____________ Elizabeth, 111.
McKinley, William B
Champaign, 111.
McKinney, James
Aledo, 111.
McLaughlin, James C
Muskegon, Mich.
McMorran. Henry
Port Huron, Mich.
Macon. Robert R
Helena, Ark.
Madden, Martin B
Chicago, 111.
Maguire, John A
Lincoln, Nebr.
Maher, James P
_______ _ Brooklyn, N. Y.
Malby, George R.°
Ogdensburg, N. Y.
Mann, James R
_
Chicago, 111.
Martin, Eben W
Deadwood, S. Dak.
Martin, John A
_
_ _ Pueblo, Colo.
Matthews, Charles
New Castle, Pa.
Mays. Dannitte T
T
Monticello, Fla.
Miller, Clarence B
Duluth, Minn.
Mondell, Frank W
Newcastle, Wyo.
Moon. .Tohn A
Chattanooga, Tenn.
Moon, Reuben O
Philadelphia, Pa.
Moore, J. Hampton
Philadelphia, Pa.
Moore, John M
Richmond, Tex.
Morgan, Dick T
Woodward, Okla.
Morrison, Martin A
Frankfort. Ind.
Morse, Elmer A
Antigo, Wis.
Moss, Ralph W
_ _
Center Point, Ind.
Mott, Luther W
Oswego, N. Y.
Murdock, Victor
Wichita, Ivans.
Murray, William F
Boston, Mass.
4 Died .Tune 4, 1912.
5 Elected in place of ti«srge W . Gordon, deceased.
6 Died July 5, 1 9 1 ^
9
LIST OF MEMBERS
N a m e s a n d p o s t-o ffic e a d d r e s s e s
o f R ep r e se n ta tiv e s and
D e le g a te s o f th e H o u se o f R ep resen ta tiv es
Name.
Home post office;.
Name.
Modesto, Cal.
Needham, James C------------Hutchinson. Kans.
Neeley, George A.1-------------Madison, Wis.
Nelson, John M-----------------McCook, Nebr.
Norris, George W -------------Minneapolis, Minn.
Nye, Frank M-------------------Providence, R. I.
O’ Shaunessy, George F ------Batesville, Ark.
Oldfield, William A -----------Harrisburg, Pa.
Olmsted, Marlin E ------------Columbia, Tenn.
Padgett, Lemuel P------------Biscoe, N. C.
Page, Robert N------------------Stroudsburg, Pa.
Palmer, A. Mitchell----------St. Leonard, Md.
Parran, Thomas----------------New York, N. Y.
Patten, Thomas G-------------Curwensville, Pa.
Patton, Charles E ------------Auburn, N. Y.
Payne, Sereno E--------------Muscatine, Iowa.
Pepper, Irvin S-----------------Boston, Mass.
Peters, Andrew J--------------Pickett, Charles E -------------------1 Waterloo, Iowa.
Nortlifield, Yt.
Plumley, Frank----------------Pittsburgh, Pa.
Porter, Stephen G------------Washington, Ohio.
Post, James D ------------------Smithfield, N. C.
Pou, Edward W --------------Barbourville, Ky.
Powers, Caleb-------------------Fort Benton, Mont.
Pray, Charles N---------------Galesburg, 111.
Prince, George W -------------Des Moines, Iowa.
Prouty, S. F--------------------Lake Charles, La.
Pujo, Arsen e P ----------------Carrollton, 111.
Rainey, Henry T --------------Alturas, Cal.
Raker, John E -----------------Sherman, Tex.
R an d ell, Choice B ------------------------ Lake Providence, La.
Ransdell, Joseph E----------------Marion, Ind.
Rauch, George W --------------------- Brooklyn, N. Y.
Red field, William C----------------- Minneapolis, Kans.
Itees, Rollin It------------------------- Meriden, Conn.
Reilly, Thomas L --------------------- Philadelphia, Pa.
Reyburn, William S----------------- Huntsville, Ala.
Richardson, W illiam--------------- New York, N. Y.
Riordan, Daniel J-------------------- Carson City, Nev.
Roberts, E. E --------------------------- Chelsea, Mass.
Roberts, Ernest W ------------------- Lonoke, Ark.
Robinson, Joseph T ------------------ Thomasville, Ga.
Roddenbery, S. A — ---------------- East St. Louis, 111.
Rodenberg, William A ------------- Reading, Pa.
Rothermel, John II------------------- Burlington, Ky.
Rouse, Arthur II---------------------- Lebanon, Mo.
Rubey, Thomas L --------------------- Fort Logan, Colo.
Rucker, Atterson W ------------------ Iveytesville, Mo.
Rucker, William W -----------------Russell, Joseph J---------------------- Charleston, Mo.
Sabath, Adolph J --------------------- Chicago, 111.
Saunders, Edward W --------------- Bleak Hill, Ya.N. J.
Scully, Thomas J -------------------- South Amboy,
Sells, Sam ___________________ Johnson City, Tenn.
Shackleford, Dorsey W ----------- Jefferson City, Mo.
Elyria, Ohio.
Sharp, William G------------------Texarkana, Tex.
Sheppard, Morris------------------Louisville, Ky.
Slierley, Swager--------------------Toledo, Ohio.
Sherwood, Isaac R ----------------Simmons, James S------------------ Niagara Falls, N. Y.
Linden, Tenn.
Sims, Thetus W --------------------Winona, Miss.
Sisson, Thomas U____________
San Antonio, Tex.
Slayden, James L ------------------Big Stone Gap, Ya.
Slemp, C. Bascom____________
Geneva, Nebr.
Sloan, Charles II--------------------
Continued.
Home post office.
N. C.
Buffalo, N. Y.
Charlotte, Mich.
Pontiac, Mich.
Bakersfield, Cal.
Colorado, Tex.
Tampa, Fla.
Oil City, Pa.
Chicago, 111.
Henderson, Ky.
Greensboro, N. C.
Crookston. Minn.
Fremont, Nebr.
New Albany, Miss.
Vernon, Tex.
Los Angeles, Cal.
Bloomington, 111.
St. Paul, Minn.
Peoria, 111.
Manchester, N. II.
New York, N. Y.
Grand Rapids, Mich.
Sw itzer, R obert M ------------------------ Gallipolis, Ohio.
Taggart, Joseph3
-------------------- Lawrence, Kans.
Talbott, J. Fred. C------------------- Lutherville, Md.
Talcott, Charles A ------------------- Utica, N. Y.
Taylor, Edward L., jr -------------- Columbus, Ohio.
Taylor, Edward T -------------------- Glenwood Springs, Colo.
Taylor, George W -------------------- Demopolis, Ala.
Thayer, John A ----------------------- Worcester, Mass.
Thistlewood, Napoleon B --------- Cairo, 111.
Thomas, Robert Y., jr -------------- Central City, Ky.
Tilson, John Q------------------------- New Haven, Conn.
Towner, Horace M------------------- Corning, Iowa.
Townsend, Edward W ------------- Montclair, N. J.
Tribble, Samuel J-------------------- Athens, Ga.
Turnbull, Robert--------------------- Lawrenceville, Va.
.
Tuttle, William E., j r ---------------- Westfield, N. .T
Corning, N. Y.
Underhill, Edwin S
Underwood. Oscar W --------------- Birmingham, Ala.
Westerly, Ii. I.
Utter, George II-----------Philadelphia. Pa.
Vare, William S.4
--------Granite Falls, Minn.
Volstead, Andrew J------Salamanca, N. Y.
Yreeland, Edward B -----Tacoma, Wash.
W arb u rton , S tan ton -------Minden, La.
Watkins, John T ----------Shelby, N. C.
Webb, Edwin Y------------Ann Arbor, Mich.
Wedemeyer, William W_
Newton, Mass.
Weeks, John W ------------Canton, Ohio.
Whitacre, John J----------Marietta, Ohio.
White, George
St. Francisville, La.
W ie ld iffe, R obert C .a------------------Wilder, William H ------------------- Gardner, Mass.
Willis, Frank B ------------------------ Ada, Ohio.
Wilson, Frank E---------------------- B rooklyn, N. Y.
Wilson, William B ------------------- Blossburg, Pa.
Wilson, William W ------------------ Chicago, 111.
Small, John II-------------------------Smith, Charles B ---------------------Smith, J. M. C_________________
Smith, Samuel W --------------------Smith, Sylvester C------------------Smith, William R --------------------Sparkman, Stephen M-------------Speer, Peter M------------------------Stack, Edmund J--------------------Stanley, Augustus O----------------Stedman, Charles M----------------Steenerson, Halvor-----------------Stephens, Dan V.2
-------------------Stephens, Hubert D ----------------Stephens, John H --------------------Stephens, William D ---------------Sterling, John A ______________
Stevens, Frederick C--------------Stone, Claudius U-------------------Sulloway, Cyrus A -----------------Sulzer, William----------------------Sweet, Edwin F -----------------------
W ithersp oon, S. A -------------------------
Wood, Ira W --------------------------Woods, Frank P ----------------------Young, II. Olin------------------------Young, I. D -------------------------Young, James-----------------------
W ash in g ton ,
M eridian, M iss.
Trenton, N. .T
.
E stherville, Iow a.
Ishpem ing, M ich.
Beloit, K an s.
K a u fm a n , Tex.
delegates .
—___ _____________ __________
K ala n ian a ole, Jonah
I\_.-------------- H onolulu, H a w a ii.
\v lCKerSmllli, jauiu^
Fairbanks, Alaska.
RESIDENT COMMISSIONERS.
San Juan, P. II.
Quezon, Manuel L_____________
M an ila,
M an ila,
P. I*
P. I.
-------------------------------- — .
&Died June 11, 1912.
place
---------------------- -------------
-
—
A .
f j
CONGRESSIONAL RECORD
O’SH A U N ESSY— Continued.
Bills and join t resolutions introduced by
Taylor, C h arles: to increase pension (see bill H . R. 1 8 8 3 0 ), 1404.
Terwilliger, M artha E. : for relief (see bill H. R. 2 2 4 2 1 ), 3860.
Tourjee, J. H . : to increase pension (see bill II. R. 1 5 8 7 6 ), 400.
Towne, Oscar F. : to increase pension (see bill H . R. 1 5 5 5 7 ), 288.
Tucker, Josephine: to pension (see bill H. R. 1 5 5 5 3 ), 288.
Turner, Susana A . : to increase pension (see bill II. It. 2 5 3 6 2 ),
8214.
to increase
pension (see bill II. It. 1 5 5 6 3 ),
Yose, Elizabeth A .
288.
to increase
pension (see bill H . R. 2 1 6 9 9 ),
W arner, James L.
3120.
pension (see bill H . R. 2 3 1 5 8 ),
W eaver, Joseph N. : to increase
4570.
pension (see bill II. R. 2 6 3 9 0 ),
W ells. W illiam P . : to increase
11641.
W estcott, M a r y : to pension (see bill H . R. 1 6 2 5 3 ), 465.
W estgate, Maria L. : to increase pension (see bill H . R. 1 5 5 5 8 ),
288.
W hiteside, W illia m : to pension (see b.ill H. R. 1 9 9 1 6 ), 1936.
W illis, W illiam : to increase pension (see bill H . R. 2 5 8 7 2 ), 9351.
W insor, M ary A . : to increase pension (see bill H . R. 1 9 1 0 6 ), 1560.
W ood, Edgar It. : for relief (see bill II. R. 2 4 1 0 2 ), 5795.
Woodcock, Em m a S . : to increase pension (see bill H . R. 1 5 5 5 9 ),
288
W orsley, Pardon : for relief of heirs (see bill H . R. 1 7 3 9 4 ), 738.
P etitions and, papers presented by, from
Citizens and individuals, 20, 222, 402, 689, 834, 1 5 62, 1937, 2 4 24,
2649, 3 1 79, 3 8 63, 4571, 6103, 7360. 7660. 8035, 8685, 9792.
Societies and associations, 20, 111, 222, 4 02 414, 689, 742, 834,
835, 883, 934. 1007. 1211. 1405 1562, 1937, 2424, 2649, 3179,
3 6 62, 3663, 3 8 63, 4145 5 0 83, 5796. 6050. 6103. 6376, 6739,
6 7 82, 6933, 7380, 7660, 7 7 70, 7888, 8 3 50, 8 4 14, 8685, 9352.
State legislatures, 2 6 96, 4 1 16, 4896, 5986.
Remarks by, on
Carrying o f deadly weapons, 4597, 4598.
District o f Columbia appropriation bill, 925, 926.
Excise tax, 3633.
Government employees and legislation, 5223.
Loan business, 726. 1965.
Oregon Avenue, 1968, 1969.
„
A ..
t,
Providence, R. I., old post-office building, 4810, 4811, $1296,
11297. 11298.
Rhode Island district court, 1270.
Roberts, Spencer : relief of, 4 6 06, 4 6 0 7 , 4 6 08, 4 6 09, 4G£0, 4 6 11.
Service pensions, 6240.
J
Tariff— sugar schedule, 3350.
£■'
------------ wool schedule, 4 0 97.
Jr
R ep orts-m a d e by, from
J'
Committee on the District of C olum bia:
J'-’
Approval by Congress of location and price paicLfor real estate
toward purchase of which the United States contributes (Rept.
2 0 7 ), 735.
£
Dougherty. Clara. Ernest Kubel, Josephine ^ a y lo r, and Mary
Meder (Rept. 3 8 1 ), 2 6 96.
#
Oregon Avenue (Rept. 2 9 3 ), 1681.
J
Roberts, Spencer (Rept. 3 8 2 ), 2696.
J
V otes of.
See Y e a - a n d -N a y V o t e s .
<?
O 'S H E A , T H O M A S D ., pension (see bills S. 6 5 ^ 5 ; H . R. 2 2 4 1 4 ).
OSLO, M IN N ., allow village to bridge Red Riifcr of the North (see bill
II. It. 2 3 6 3 4 * ).
£
O SM AN , IS R A E L , increase pension (see b rfs S. 357, 5 0 4 5 * ).
O SM OND, E D W A R D n „ pension (see b ill J l . R. 2 4 8 6 2 ).
OSTEO PATH Y.
See D i s t r i c t o f Co l u m b i a .
O ST E R IIO U T , L U C IU S, grant konoralflo discharge (see bill H . R.
1 6 0 1 3 ).
Jr
O S T R IC H IN D U S T R Y , making appropriation for improvement o f (seo
bill II. It. 2 6 1 3 3 ).
J
OSTROM , G IL B E R T W ., increase pension (see bill II. R. 2 0 5 8 6 * ).
O ’ S U L L IV A N , D A N IE L , report o fjc o u r t of Claims on claim of (S . Doc.
7 7 7 ), 7 7 71.
£
O ’ S U L L IV A N , L IZ Z IE M „ pensypn (see bill H . R. 1 5 1 0 8 * ).
Papers withdrawn in Hmise, 89.
O ’ S U L L IV A N , M IC H A E L , inrfease pension (see bill II. R. 2 5 9 3 3 ).
O’ S U L L IV A N , P H IL IP , increase pension (see bill II. It. 2 2 4 2 4 ).
O S W A L D , B E N J A M IN J.jH ncrease pension (see bills II. R. 14187,
2 1 4 7 8 * ).
£
O S W A L D , C H A R L E S, in ^e a se pension (see bills II. R. 15413, 2 2 2 6 1 * ).
O TERO, ISIDOItO, rclbtf (sec bill II. R. 2 4 7 4 5 ).
O T IS, E L IZ A B E T H , increase pension (see bills S. 3267, 5 0 4 5 * ).
O T IS, W IL L IA M D.^nncrease pension (see bill S. 3 9 8 3 ).
O’TOOLE, A L L E N JPDWARD, A N D O T H E R S, relief (see bill S. 3 2 4 * ).
O TT, G EOR GE, iqprcase pension (see bill II. R. 1 5 0 0 5 ).
O TTA R SO N , ASATC., increase pension (see bills II. R. 16967, 2 4 0 1 6 * ).
O T T A W A IN D IA N S . See I n d ia n s .
O T TEN , O TTO JlI., pension (see bill II. It. 1 7 0 7 1 ).
O T T E R T R A W L IN G . See F i s h a n d F i s h e r i e s .
O T T IN G , III^NRY, pension (see bill II. It. 1 7 0 7 0 ).
OTTO, N A V ilA N ,T., increase pension (see bill II. R. 2 3 0 4 0 ).
O U A C H IT A R IV E R , A R K ., report of Secretary of W ar on survey of
>11. Doc. 5 8 8 ), 2748.
OUDERKIRIC, M A R T IN , increase pension (see bill S. 6 3 6 9 * ).
O U ItSBOliN, M A R G A R E T E ., pension (see bill II. R. 2 2 9 3 4 ).
O U R ^L E R , W IL L IA M E. M ., increase pension (see bill II. It. 2 4 5 2 9 ).
O U T ER D IA M O N D SH O AL . See C a p e I I a t t e r a s , N. C.
O U T LO O K (m agazine), editorial relative to preservation of Niagara
F alls, 2007.
O V E N S, GEORGE W ., increase pension (see bill H . R. 1 4 9 5 5 ),
O VER DOItF, ISA A C , relief (see bill II. R. 6 7 2 2 * ).
O V E R D O R FF , M IC H A E L A ., increase pension (see bill H . R. 2 1 2 3 0 * ).
379
O V E R IIO L T , M A R T IN , in c r o S fc ^ ’cnsi
pension (see bills S. 5 3 2 2 ; H . R.
1 6 9 1 5 ).
O V E R L E Y , R O B E R T II., increase pension (see bills S. 6119, 6 9 7 7 * ).
O VER L O O K , F R A N C IS B., increase pension (see bill II. It. 2 1 4 4 0 ).
O V E R M A N , L E E S. (a Senator from N orth Carolina).
Attended, 1.
r/
Appointed conferee, 3774, 9095, 10342.
Appointed on funeral com m if&e, 3812, 4117, 7623.
Appointed on joint committee, 11798.
Excused from committee Service, 5043.
A m endm ents offered by, to /
Agricultural appropriation bill. 6343, 6379.
Cannon : bill (H . R. .£ 4 4 5 8 ) donating, 11277.
Department of Coi$t6erce and L a b o r: bill (S . 252) to establish
children’s bureau' in, 1564, 1566.
Immigration : b iW ( S. 3 1 7 5 ) to regulate, 1833, 2083, 5023.
Legislative, executive, and judicial appropriation bill, 7794,
8049, 1124C&N avy appropriation bill, 8645.
P ost Office “
Appropriation bill, 10657, 10706.
R ailro a d sj^ b ill (S. 5 3 8 2 ) for relief of injured employees of,
5748, :J ^)52.
SundrySffivil appropriation bill, 9274, 9 4 02, 9521 9525.
• ----- p le a s e of Arlington H otel at H ot Springs, A rk., 7593.
------vsF survey of sewer system at H o t Springs, Ark., 7986.
►
•
-----ye salary of terrapin and fish culturist at biological station, Beaufort, N. C., 8600.
Bills m id joint resolutions introduced by
Avery , R u fu s : for relief o f heirs (see bill S. 3 6 5 0 ), 185.
Burlington, N. C . : to erect public building at (see bill S. 7 1 2 1 ),
7985.
Cape Fear River, N. C . : to complete lighting and marking
with aids to navigation of (see bill S. 4 4 4 6 ). 841.
Carroll. Smith F . : to increase pension (see bill S. 5 7 6 9 ), 3131.
Cody, W illia m : to increase pension (see bill S. 5 7 7 1 ), 3131.
Cowles, Calvin D ., and ethers, for relief (see bill S. 7 0 3 9 ),
7592.
Crump, W illia m : for relief of heirs (see bill S. 6 8 4 3 ), 6530.
D istrict of Colum bia: to regulate practice of dentistry iu (see
bill S. 3 7 1 2 ), 225.
Edwards, T im o th y : for relief (see bill S. 5 7 5 9 ), 3131.
Everitt, M a ry : for relief of estate (see bill S. 5 9 0 7 ), 3598.
~
'
....................
‘
'
‘
Gentry, W illiam M. : to increase pension (
bill S. 5 7 6 7 ). 3131.
Georgetown Gas Light Co. : to allow laying of gas main in and
.
_
along Conduit Road by (see bill S. 6 6 7 2 ), 5730.
Hensley, E lijah P . : to increase pension (see bill S. 5 7 6 5 ), 3131.
Howard, Thomas S . : for relief of estate (see bill S. 5 2 6 5 ), 1999.
Judicial code: to amend (see bill S. 6 2 1 7 ), 4392.
K ing, O verm an: to pension (see bill S. 7 2 6 2 ), 8669.
K inston, N. C . : to increase cost of public building at (see bill
S. 4 0 4 0 ). 591.
Lisenbee, R obert: to increase pension (see bill S. 5 7 6 4 ), 3131.
Lunceford, E p h r ia m : to increase pension (see bill S. 5 7 6 3 ),
3131.
M ount Olive, N. C . : to erect public building at (seo bill S.
6 4 6 0 ), 5091.
Odell, James M. : to pension (see bill S. 6 2 1 8 ), 4392.
Payne, J am es: for relief (see bill S. 5 7 6 2 ), 3131.
Rice, Spencer: to increase pension (see bill S. 5 7 6 6 ), 3131.
Rice, W ilson : for relief (see bill S. 5 7 6 0 ), 3131.
Roberts, Sophronia : to increase pension (see bill S. 5 7 7 0 ), 3131.
Rocky Mount, N. C. : to increase cost of public building at (see
bill S. 4 0 3 9 ), 591.
Rollins, Pin kney: for relief (see bill S. 5 7 5 8 ). 3131.
Shelton, W illiam R. : for relief (see bill S. 5 7 6 1 ), 3131.
Tarboro, N. C. : to increase cost of public building at (see bill
S. 4 0 3 8 ), 591.
Tennent, Edward S m ith : to increase pension (see bill S. 5 7 6 8 ).
3131.
W acaster, Seymour B. : to pension (see bill S. 6 0 5 5 ), 3935.
W aynesville. N. C . : to erect public building at (see bill S.
6 4 5 9 ), 5091.
W ilm ington, N. C . : to increase cost o f customhouse at (see bill
S. 4 6 0 4 ), 1010.
W inston-Salem , N. C . : to increase cost of public building at (see
bill S. 4 6 0 5 ), 1010.
M otions and resolutions offered by
Adjourn : to. 2718, 3091, 10144, 11368.
Alexander, S. I I . : to withdraw his papers, 3936.
Commissions : inquiry relative to number and personnel of (see
S. Res. 3 1 1 ), 6379.
Committee on W om an Suffrage: authorizing hearings before (see
S. Res. 2 1 3 ), 1834.
Cotton : inquiry relative to sales to Confederate States Govern
ment of (see S. Res. 162. 4 2 7 ), 70, 2651.
Executive session: for, 9820.
, .
Forest Service : for appointment of special committee to investi
gate expenditures of (see S. Res. 3 6 2 ), 9268.
Gerard Brandon v. United S ta te s : to print dissenting opinion
of Judge Howry in case of, 8669.
Immigration: to print papers and hearings relating to (S . Doc.
2 5 1 ), S51.
The * indicates bills acted upon.
International and intersectional peace: to print address de
livered by Whitehead Kluttz on (S . Doc. 8 8 5 ), 9793.
International Harvester Co. : inquiry relative to proposed set
tlement between United States and (see S. Res. 2 8 8 ), 5091.
Lodge, Henry C a b o t: to print address on “ The Constitution and
its m ak ers” delivered by (S. Res. 1 5 6 ; S. Doc. 1 2 2 ), 33.
Fhillippine Islands : inquiry relative to money expended by
United States in (see S. Res. 2 2 4 ), 2281.
R ailroa d s: to postpone further consideration of bill (S 5382)
for relief of injured employees of, 5958
R ecess: for, 9982.
Telegraph and telephone: to print Senate Document 205 on,
4 7 04, 4705.
P etitions and papers presented by, from
Citizens and individuals, 67, 181, 697, 960, 1009, 1244, 1469,
1515, 1608, 1711, 1939, 1998, 2078, 2230. 2319, 2434, 3181,
3531, 3597, 3992, 4390, 5 0 35, 5385, 5 5 19, 5725. 7440.
Societies and associations, 837, 1469, 1515, 2701, 2812, 3597,
.
5 3 85, 5735, 7440.
Sec “ History o f B ills.’
380
CONGRESSIONAL RECORD IN D EX
O VER M AN— Continued.
Remarks by, on
Agricultural appropriation bill, 6317, 6318.
Anderson, .Tames : relief of, 3480.
Appropriations biils, 11044, 11645.
Appropriations, 11871.
Arbitration treaties, 7363.
Arm y appropriation bill, 4541, 4 5 42, 4583, 4584, 4586, 4587,
4588, 10926, 10927.
------------conference report on, 7895, 7896.
Bureau of Education, 7864, 7865, 7866.
Bureau of Mines, 9367.
Bureau of Standards, 7920, 7951.
B u tt and M illett memorial, 7868, 7869.
Capitol police, 7611. 7613.
Charlotte, N. C . : public building, 11808.
Children’s Bureau, 1249, 1250, 1520, 1521, 1525, 1526, 1530,
1564, 1566, 1578.
Civil Service employees, 8003, 8130, 8131.
Colville Indian daiin, 8612, 8614, 8615, 8616.
Commerce Court, 7839, 7951, 7952, 7953, 7962, 7966, 7968, <969,
7972, 7994, 10126, 11240, 11241.
Corbett Tunnel— veto message, 9850, 9859, 9920.
Cotton boll weevil, 6343.
Cotton-mill operatives, 2438, 2439, 2440, 2441, 3183.
Deticieney appropriation bill, 11667, 11668, 11800, 11801.
District of Columbia appropriation bill, 3602, 3603.
Employer’s liability and workmen’s compensation. 4406, "4 4 1 1 ,
4979, 49S0, 5735, 5749. 5799, 5800, 5801, 5935, 5950.
Federal Reporter, 9380, 9381, 9382, 9389, 9400, 9401.
George Washington Memorial Building, 4799.
Good roads, 10004. 10073, 10657, 10058, 10659, 10660, 1070G,
10707, 10708.
Immigration, 4845, 4912, 4913, 4914, 4915, 5023, 5024, 5025,
5026.
Indian appropriation bill. 8513.
International Harvester Co., 5322, 5323, 5324.
Lawrence, M a s s .: textile strike, 2447, 2448, 2449.
Legislative, Executive and Judicial appropriation bill, 7538,
7553, 7554, 7556, 7557, 7795. 7795, 7797, 7858, 7865, 7866,
7909, 7910, 8049, 8050, 8051, S054, 8055, 8056, 8121, 10126.
Limited tenure of office in civil service, 1 0 i2 7 , 10128.
Missouri State claims, 1178.
Monetary commission library, 7555, 7556, 7603.
Navy appropriation bill, 8648.
Panama Canal, 10222, 10223, 102S6, 10289.
Pan American Scientific Congress, 4646.
Parcel post, 10808.
Pension agencies, 10203, 10204. 10206, 10207, 10211.
Pension appropriations, 9994, 9995.
Philippine bonded indebtedness, 2003, 2004, 2005.
Pool, .John: relief of estate, 2757.
Post Office appropriation bill, 9951.
\
Railroad in Philippine Islands, 9287, 92S8, 9289.
Removal of suits from State courts, 9547.
Revolutionary W ar records, 1178.
5
Rural cooperative credit system commission, 4986.
Sale of liquor in Indian Territory, 9525.
Sales of cotton to Confederate States, 5112, 5113, 5114, 5115,
5116, 5117, 5118.
Service pensions, 3998, 3999, 4013.
Snake River, W yo., bridge, *6271.
Special commissions, 8001, 8062.
\ •
State Department divisions, 7700, 7707, 7708, 7711, 7788, 7790,
7791, 7792. 7794, 7 7 95, 7790.
Stephenson, Isaac : election of, 2559. 25G0, 2705.
Storage of public documents, 7550, 7551. 7552, 7553, 7554.
Sundry civil appropriation bill, 9270, 9272, 9273, 9274, 9285,
9296, 9367, 9368, 9376. 9377. 9378, 9379. 9880.
Supreme Court Reports, 9390, 9391, 9392, 9 3 94, 9395, 9396, 9401,
9402, 9403.
Tariff Board, 9 4 7 2 -9 4 7 8 , 9480.
Unanimous-consent agreement, 5739.
United States v. The American Tobacco Co., 5038.
Valdez, Alaska : protection of, 3489, 3490.
Vocational education, 11270.
W alsh, Lewis F. : relief of, 3480, 3481.
W aynesville, N. C., public building, 7279.
W ilmington, N. C., customhouse, 4798.
W inston-Salem, N. C., public building, 9521.
W ireless telegraphy in Philippine Islands, 8228.
Zion’s Cooperative Mercantile Institution, 1958.
Reports made by, from
Committee on Claims :
Atlantic Coast Line Railroad Co. (Rept. 2 4 1 ), 1245.
Cottonwood, Idaho, First National Bank (bill S. 25"9), 8988.
Dorothy— steamer (bill H . It. 2 2 1 1 ), 9046.
Graves, Mrs. C. N. (Rept. 7 5 6 ), 6529.
t
Harrison, B. H . (bill S. 1 6 8 2 ). 5167.
Ivers, Georgtp (Rept. 3 9 3 ), 2231.
\
Manning, Mpry ,T. (Rept. 9 1 4 ), 8988.
Missouri St&te claims (Rept. 1 8 8 ), 961.
Moore, Rittenhouse (Rept. 3 9 4 ), 2231.
Muhlemanf Elizabeth (Rept. 1 8 9 ), 961.
Specified war claims (Rept. 770, pt. 2 ) , 720f
Committee On Fisheries :
North Carolina fish-cultural station (Rept. 5 9 4 ), 4392.
Florida fish hatching and biological station (Rept. 5 9 3 ), 4392.
Committee on the Judiciary:
Clarksdale, Miss., court (bill IT. R. 1 9 2 3 8 ), 2757.
Illustrations of coints (Rept. 2 0 1 ), 1472.
Louisiana district attorney (Rept. 0 2 8 ), 4842.
Removal of causes from State courts (Rept. 8 4 1 ), 7529.
Votes o ff See Yea-and-Nay V otes.
O VER M IR E, SIL A S, correct military record (see bill II. R. 1 8 6 8 8 ).
O VER ST R EET , T H O M AS, increase pension (see bills H. R. 15748,
21088, 2 4 6 2 6 *).
OVERTON, JOHN P., increase pension (see bill H. R. 1 4 2 8 4 ).
OWEGO, N. Y ., erect public building at (see bill IT. R. 1 4 0 9 7 ).
O W EN , E D W IN G., increase pension (see bill H . It. 1 8 3 3 5 * ).
O W E N , H E N R Y L .,
fipn '•■■"*•'1*™" h’ "
O W E N , H U M P H R E Y > .r-fg H e f (see bill H . R. 2 3 9 2 8 ).
O W E N , JA M E S, relief of estate (see bill H. It. 1 4 2 4 2 ).!
O W E N , JOHN It., increase pension (see bill II. R. 1S903)..
O W E N , N E P Iil, increase pension (see bill H . ft. -ailhftO).
O W E N , R O BER T L. (o Senator from Oklahoma) .
Attended, 1 7 7 ..
Order in Senate to print address in recall of the judiciary
(S. D ob. 2 4 9 ), 851, 852.
Amendments offered by, to
Agricultural appropriation b ill: weather bureau station at Mna
kogee, Okla., 1473.
a'
Bureau of health : bill (S. 1) to establish, 5577.
Choctaw and Chickasaw Nations : bill (S. 6219) for purchase of
improvements on coal and asphalt lands of, 0014.
C laim s: bill (H . R. 19115) to pay specified, 3667.
Department of health : bill (S. 1) to establish, 226.
Indian appropriation b i ll: Choctaw Indian fund, 4016. J
------------ allotments in Cherokee Nation, 4016.
i------------construction of sanitary sewer system in P latt National
Park, Okla., 4010.
------------ relief of legal representatives of John W . Noble and R
U. Belt, 4169.
• --------removal of restrictions upon alienation of surplus lands
of Osage allottees, etc., 4522M
/
-------------tribal funds of Five Civilized Tribes, 4773. /
------------ Creek allotments, 5659.
/
Post Office appropriation b ill : legal representatives of Allen J
Mann, 1800. v
Sundry civil appropriation b ill : appropriation for mining Inves
tigations, 8505.
Bills and, joint resolutions introduced by
Atoka, Okla. : to acquire full legal title to lands for municipal
waterworks at (see bill S. 5 8 7 2 ), 3305.
Brotherhood of North American Indians : to incorporate (see bill
S. 5 1 8 6 ), 1833.
Brown, Josephine :'t o increase pension (see bill S. 5 7 3 0 ), 3000
Brown, O. C. : to pension (see bill S. 6 6 2 7 ), 5576.
Campbell, Charles M. : for relief (see bill S. 3 8 4 4 ), 456.
Cherokee Nation : for removing restrictions on encumbrance and
alienation of allotted lauds in (see bill S. 6 1 2 6 ), 4 1 6 8 .\ /
Chestnut, W illiam II. IT .: to pension (see bill S. 7 2 2 1 ), 8 5 0 5 .,/’"
Choctaw and Chickasaw In d ian s: for purchase of coal and
asphalt deposits belonging to (see bill 8. 6 1 2 4 ), 4168.
------------ for sale of remaining portion of unallotted and segre
gated lands of (see bill S. 7 2 6 0 ), 8634.
Chortaw and Chickasaw N a tio n s: for appraisement of mineral
deposits of segregated coal and asphalt lands of (see
- bill S. 5 7 2 7 ). 3009.J
------------ to amend act for sale of segregated coal and asphalt lands
of (see bill 8. 0 0 7 8 ), 4016.
-------------for purchase of permanent improvements on segregated
coal and asphalt lands of (see bill 8. 0 2 1 9 ), 4 3 9 2 .y /
f----------- for sale of 39.69 acres of surface of segregated coal and
asphalt lands of (see bill S. 7 2 2 0 ), 8505.
Click, G. W . : for relief of estate (see bill S. 5 7 2 9 ). 3009.
Colleges of agriculture and mechanic arts : to establish extension
departments in connection with (see Dill S. 4 8 3 4 ), 1290. .
Creek allotm ents: for equalization of (see bill S. 4 9 4 7 ), 1 5 7 9 .V
Davidson. Charles A .: for relief (see bill S. 3 8 4 4 ), 456.
Denison Coal Co. : to allow them to relinquish certain lands em
braced in Choctaw and Chickasaw coal lease (see bill &
3 6 8 5 ) , 185.
Eastern Cherokees: to adjudicate claim of (see bill S. 49461
1519. y'
„
/
’
Fenton, S. W . : for relief (see bill S. 4 6 6 9 ), 1061.
/
Fields. Malialy : for relief of heirs (see bill S. 5 3 4 5 ), 2079.
Five Civilized Tribes : to amend act for removal of restrictions
from part of the lands o f allottees of (see bills s
4948, 5 9 4 6 ), 1 5 7 9 .V
-------------relative to delivery of patents to allotted lands within
limits of (see S. J. Res. 8 6 ) , 3183.
-------------to amend act for removal of restrictions from part of
land3 of allottees of (see bill S. 5 9 4 6 ), 3667.
• ------- to amend act for removal of restrictions from part of
lands of allottees of (see bill S. 0 1 0 4 ), 4 2 3 3 ..
■
------------to adjust titles within (see bill S. 6 3 3 9 ), 4 7 0 4 .v / Goulette, J. D., to issue patent in fee to Indian allotment (see
bill S. 4 8 3 3 ), 1295...
Hawkins, Joseph: for relief (see bill 8. 6 9 9 6 ), 7 3 6 2 ./
llenquenet, A u gu stu s: for relief (see bill 8. 5 1 6 7 ). 1 8 0 0 .'
Ilowe, Ellis C. : to increase pension (see bill S. 4 6 6 7 ), 1061. v
------------ increase pension (see bill S. 6 2 7 0 ). 4573. v '
Indian Office: to terminate (see bill 8. 6 7 6 7 ). 6107,
Iowa In d ian s: for relief (see bill S. 6 1 0 5 ), 4233. r
------ •
— for relief (see bill S. 5 9 4 5 ), 3667.
Jones, John F. : to pension (see bill S. 6 6 2 8 ), 5576.
Jud iciary: to amend act to codify, revise, and amend laws re
lating to (see bill S. 3 8 4 2 ), 456.
Kariho, Robert S. : to increase penison (see bill S. 3 6 8 7 ), 185. *
Kendall, Joseph F . : to increase pension (see bill S. 5 S 7 3 ), 3365.
Kinlock. Eliza M. : to pension (see bill S. 6 6 2 9 ), 5;>76.
Lockhart, Calvin R . : to increase pension (see bill S. 3 7 2 6 ), 225.
McDonal, A nd rew : to increase pension (see bill S. 3 6 8 8 ). 18 5 .. ,
Mann, Allen J. : for relief of estate (see bill S. 5 9 3 4 ), 3667., v
Meadville, Graham M . : to increase pension (see bill S. 5 1 6 8 ),
I86 0 ..
Missouri? Kansas & Texas Coal Co. and Eastern Coal & Mining
C o .: to allow them to exchange certain lands embraced in
Choctaw and Chickasaw Nation coal leases (see bill S.
3 6 8 6 ) . 185. ^
National highway : to construct from Canadian border line to
Galveston. Tex. (see bill S. 6 2 7 1 ), 4573.
Navajo In d ia n s: to carry out Article V I of treaty w ith (see
bill S. 4 4 5 0 ), 841. /
x
Nichols, Lansing B. : to increase cost (see bill S. 6 7 6 4 ), 6106.
Oklahom a: granting right to acquire additional acreage to coal
mining companies in (see bill 8. 3 8 4 3 ), 456.
• --------for relief of Indians in li t t le River Drainage District
No. 1 in (see bill 8. 4 9 1 3 ), 1473.
The * indicates bills acted upon.
See “ History of B ills.”
CONGRESSIONAL RECORD IN D E X
381
O W E N — Continued.
! Y E A -A N D -N A Y VO T E S IN SE N A T E .
Bills and joint resolutions introduced by
Adjourn, 4865. 4 8 66. 7153, ’*154, 7156, 7387, 11469.
Oklahoma : relative t o restrictions on allotted Indian lands in (see
A la s k a : on bill (S. 68 6 4 ) to
instruct railroad in, 6793.
bill S. 5 9 8 7 ), 3770. .
Appeal from decision of Chair.- 7999.
■
------------to tax for road inmprovbments lands in (see bill S. 0 1 2 5 ),
Archbald, Robert W ., United States judge : on order to proceed
4168. y ''
w ith trial o f impeachment on Dec. 3, 1912, 10139.
Order of Owls : to set aside certain public lands to be used for
Arm y appropriation bill (II. R. 1 8 9 5 6 ), 4586, 7908, 7983.
sanitarium by (see bill S. 5 9 8 8 ), 3770. yChemicals : on bill (II. R. 2 0 182) to fix duties on, 8577, 8 6 09,
Osage a llo tte e s: to permit exchanges of lands of (see bill S.
8610.
*
■
6 6 8 6 ), 5881.
Children’s B u re a u : on bill (S. 2 5 2 ) to establish, 1565, 1575,
Osage In d ia n s: to adjudicate claims of (see bill S. 5 7 2 8 ), 3 0 0 9 .\
1578, 1579.
Peery, E va M ay : to remove restrictions from allotm ent of (see
Commerce C o u r t: on abolition of, 7989.
bill S. 5 3 4 4 ), 2079. V
Corbett Tunnel], W yo. : on bill (S. 4862) to investigate and
Ponca In d ia n s: to allow them to intervene in suit of Omaha
settle certain accounts growing out of construction of, 9938.
Indians in Court of Claims (see hill S. 5 1 6 9 ), 1 8 0 0 .v
Cotton : on bill (H . R. 2 5 0 3 4 ) to reduce duties on, 10897, 1 0901,
Postal Service: inquiry relative to practicability and cost of es
10902, 10903.
tablishing telegraph and telephone system as part of (see
Department of Agriculture : on conference report on bill (II. R.
S. J. Res. 1 1 3 ). 73 0 8 .V
18960) making annual appropriations for, 7451.
Reclamation Service : to amend act appropriating receipts from
D istrict of C olum bia: on amendment increasing salaries of two
soles of public lands to construction of irrigation works for
commissioners of, 3604.
reclamation of arid lands (see bill S. 5 3 4 3 ). 2079.
•
------------on amendment relating to disposition of fees collected
Seminole allottees:- to deliver patents to (see bill S. 0 1 8 9 ), 4275->j
on account of permits, etc., in. 3606.
Seminole arbitration cou rt: to create (see bill S. 5 9 4 7 ), 3607.
------------ on bill (S. 22 3 4 ) to provide for primary nominating
Seminole cou n try: relative to patents to allotted lands in (see
election for presidential candidates in, 5393.
S. J. Res. 8 5 ) , 3183.
-------- -— on bill (S. 5461) to regulate liquor traffic in, 5393.
Shawnee and Delaware In d ia n s : for relief (see bills S. 6220,
Em ployers’ liability and workmen’s com pensation: on bill (S.
6 4 1 1 ), 4392, x. 4 9 6 3 V
53 8 2 ) for relief of disabled employees of common carriers,
Spencer, Ile n r y : to Increase pension (see bill S. 5 7 3 1 ), 3 0 0 9 .v
5820, 5951, 5952, 5953. 5954, 5955, 5956, 5 9 57, 5958, 5959.
W ageck, George A. : to increase pension (see bill S. 4 9 1 4 ), 1473.
Excise t a x : on bill (H . R. 2 1 2 1 4 ) to levy on individuals, 9 7 03,
W alker, Chester A. : to pension (see bill S. 5 7 3 2 ). 3009.
9706, 0708, 9789.
W ichita Indians : for relief (see bill S. 4 6 6 S ), 1061.
Foreign interests pi Am erican continents: on resolution (S. Res.
W ilburton, Okla. : for reappraisement of town lots at (see bill
371) concerning, 10046.
S. 4 8 3 2 ), 1295.
Fort Oglethorpe, Ga. : on bill (II. R. 1 7 029) to establish brigade
M otions and resolutions offered by
post at, 5088.
Brotherhood of North American Indians : to print memorial of
Immigration : on- bill (S. 3175) to regulate, 5023, 5027, 5 0 28,
(S. Doc. 4 8 9 ), 4170. V
5032.
Conservation of human life : to print memorial relating to (S.
L a b o r: on Dill (H . R. 90 6 1 ) limiting hours of daily service of
Doc. 4 9 3 ), 4 3 23. V
laborers and mechanics employed on public works, 0 9 41, 7455.
Department o f h e a lth : to print Senate Report No. 019 on,
Lawrence, Mass. : on resolution (S . Res. 231) to investigate
5 7 30, 5731. -1
labor strike at, 2502.
Five Civilized T rib e s: to recommit>bill (S. 03 3 9 ) to adjust titles
Legislative, executive, and judicial appropriation bills (II. R.
within, 5577.
2 4023, 2 6 3 2 1 ), 10335, 11255, 11458.
H ealth conservation : to print paper by Parker II. Sercombc on
------------ on amendment to increase Capitol police force, 7616,
(S. Doc. 0 4 7 ), 5998.
790!). 8056, 8123. 8125, 8126.
Initiative and referendum : to print memorial by C. F. Taylor
Lorimer, W illia m : on resolution (S. Res. 315) declaring invalid
on (S. Doc. 6 5 1 ), 6 0 5 5 /
election as Senator from Illinois, 8987.
Iowa In d ia n s: to print petition relative to payment for lands
M e ta ls : on bill (II. R. 186 4 2 ) to reduce duties on. 7310, 7 3 6 5 ,
ceded to United States by treaty with (S. Doc. 4 8 6 ), 4170.v
7370, 7371. 7378, 7379, 7426, 7991, 10125, 11069.
Kiowa, Commanche, and Apache In d ia n s: to print memorial
N a v y : on bills (S. 2 9 0 ) authorizing appointment of dental
relative to use of tribal funds of (S. Doc. 4 4 4 ), 3000.
surgeons in, 427!).
Osage In d ia n s: to print resolutions relative to right to grant
------------ on hill (II. R. 2 4 5 6 5 ) making annual appropriations for,
leases for mining purposes on lands of (S. Doc. 4 8 7 ), 4170.
8650.
Parcel-post e x p ress: to print memorial by George P. Hampton
Order of business, 1218. 3830, 4864, 4865, 5112, 5748, 5802,
relating to (S. Doc. 5 5 7 ), 4024.
5865, 7983, 8068. 8989. 9166, 9214, 10991, 11470, 11471,
Seminole In d ian s: to print p a p e r s relating to patents to lands
11532, 11794, 1.1795, 11797.
of (S. Doc. 4 0 5 ), 3183. y
Panama Canal : on bill (II. R. 2 1 9 6 9 ) to provide for the opening,
P etitions and papers presented, by, from
A
J,
.
maintenance, protection, and operation of, 10295, 10396,
Citizens and individuals, 3405, 4389, 5 9 93, 5 9 95, 7890.
10443, 10447, 10584, 10585, 10586, 10588, 10589, 10590,
Societies and associations, 2078* 4231 ,.-0105.
11065.
Remarks by, on
•
4
P ensions: on bills (S. 4 6 23, 50 4 5 ) granting pensions and increase
Children’s Bureau, 1572.
j
of pensions in specified cases, 3137, 3140, 3678.
Choctaw and Chickasaw coal and asphalt lands, 1945, 1946,’'
■ -------- on bill (II. R. 1) granting service, 4003, 4004, 4005,
4 7 9 1 .^
V
J
4010. 4011, 4012. 4013, 4015.
Department of health, 4 8 40, 4 8 41, 5720, 5728, 0730, 5 7 31, 5995.
■ -------- on Dill (II. R. 18985) making annual appropriations for,
Five Civilized Tribes, 4 1 82. 4 1 8 3 , 4 4 1 8 .'
10211, 10335.
Five Civilized Tribes’ land titles, 4 9 05, 4906.
Petition of Samuel Gompers : on motion to print in Record. 1057.
Philippine Isla n d s: on bill (S. 47 6 2 ) relating to finances of,
Good roads, 4413. i
Kiowa-Commanche and Apache lands, 4796.
6209.
Post Office appropriation bill (II. R. 2 1 2 7 9 ), 10005, 10713, 10792,
Lorimer, W illiam : election of, 4537.
10804, 10821. 10824. 10828, 10830. 10831.
Oklahoma fish-cultural station, 4801.
Presidential primaries in D istrict of Colum bia: on bill (S. 22 3 4 )
Pontius Pilate precedent, 4537.
R eports made by, from
providing for, 5110.
R u ssia : on joint resolution ( IT. J. Res. 166) providing for
Committee on Indian Affairs :
/
Brotherhood of North American Indians (Rept. 5 5 5 ), 4232.
termination of treaty of 1832 with, 506, 507.
Choctaw and Chickasaw coal and asphalt lands (bill S. 6 0 7 8 ),
Sclilev, Annie li. : on bill (S . 4 5 6 8 ) to increase pension of,
4323.
7537.
Choctaw and Chickasaw coal and asphalt lands (Rept. 6 2 9 ),
Seal fisheries : on bill (II. R. 1 0 571) to give effect to a treaty
for suppression of pelagic scaling, 10991.
4 8 42. vl
/'
Choctaw Indians’ supplemental treaty (Rept. 4 0 4 ) , 3722. < /
Senate: on resolution (S. Res. 357) concerning constitutional
Creek allotments (Rept. 7 2 1 ), 0100. v
/
right of, 9132.
_
Dw ight Mission School lands (Rept. 2 2 0 ), 1160. S
S en ators: on joint resolution for amendment to Constitution
Five Civilized Tribes (Rept. 5 4 8 ), 4182. i /
/'
,
relative to election of, 5172.
Five Civilized Tribes’ land titles (Rept. « 2 4 ) , 4842. ^
J
j
Standing Rock Indian R eservation: on hill (S. 109) for sale of
Indian allotm ents disposed of by will (Rept. 7 2 0 ), 6 1 0 6 .'* '
surplus lands in, 1483.
^ ,
Indians in Little River drainage district No. 1 in Oklahoma
Stephenson, Is a a c : on resolution (S. R°3. --•>) that lie is not
entitled to scat as Senator from W isconsin, 3831.
(Rept. 4 8 8 ), 3364.
_____— on resolution (S. Res. 136) that he is entitled to seat as
Kiowa-Commanche and Apache ceded lands in Oklahoma (Rept.
Senator fi«om Wisconsin, 3896.
4 9 0 ). 3722. ' S
S u a ar: on Dill (II. R. 2 1 213) to repeal duties on, 9 7 55, 9 7 5 8 ,
Missouri, Kansas & Texas Coal Co., and Eastern Coal & Mining
Co. coal leases (Rept. 3 2 0 ), 1799. \ f
Sundry’ civil appropriation bill (H . It. 2 5 0 6 9 ), 9291, 9 4 0 4 ,
Oklahoma coal-mining companies (Rept. 7 2 2 ), 0106. J
0-137 9488. 9523, 9528, 9529, 9532.
Osage Indian claims (Rept. 4 8 4 ), 3 3 63. s /
Treaties : on general arbitration treaties with France and Great
Ponca Indian claims (Rept. 2 1 9 ). 1100. . >
Britain, 2953, 2954, 29o->.
Ponca Indians (Rept. 0 2 1 ), 4 7 72. .
Vocational education: on motion to fix date for consideration
Sale of surface of segregated coal and asphalt lands of Choc
of bill (S- 3) to provide for, 10648.
taw and Chickasaw Nations (Rept. 2 1 5 ), 1100.
W o o l: on bill (II. It. 2 2 1 9 5 ) to reduce duties on, 9619, 9 0 31,
Turner Hardware Co. (Rept. 4 8 9 ), 3 3 0 4 .^ .*
9032, 9035, 9637, 9638, 10200, 11069.
Unallotted Indian lands in Oklahoma for sanitorimn purposes
(Rept. 4 9 5 ), 3722.
24), 2
3
4
4
.
W
V S W u m Ii- K *
Committee on Public Health and National Q uarantine: depart^
Grflfly, Joseph: to increase pension (see bill II. life 2 2 098) 4115.
ment of health (Rept. 6 1 9 ), 4702.
I I # r i s , Mrs. F. M. : for relief of estate (see b i l l 'l l . R. 2 0 7 0 9 ),
Votqs of.
See Y i:a -a x p -N a y V otes. _______
O v J !i\ s, 'fti'{i jj(UEt A ., pension"” ( see bill XL-R . TSTS20).
v <
fit, Joseph: for relief of estate (see bill T R °0 7 0 S ) 2372
T
>rne, Jacob: to pension (see bill II. R. 2 3 227) 461®
O W E N S , GEORGE, relief (see-bill, S. 2 0 1 4 * ).
mes, W illiam H . W . : for relief (see bill H. r ! 2 0 8 8 5 ), 2147.
O W E N S , II. C., relief (see bill II.
9 W * ± ......
nones, John : for relief (see bill 11. I{. 2 0 7 1 1 ), 2373.
O W E N S , JAM ES, remove charge of desertion ( s r e b ill H. R. 2297C ).
Kiefer. Carl T ., and Laurent Low enherg: to allow them to dam
Duck River (see bill II. R. 2 4 1 9 7 ), 5985.
O W E N S , jp S E P I I I N E , pension (see bills S. 4 8 74, 6 0 8 4 *).'
Lawson, Betlie : to pension (see bill II. R. 1 5 0 9 8 ), 1 0 9 ;
O W E ^iS ^ S lA R Y AN N , increase pension (see bill II. R. 1 8 1 3 0 ).
Malw.v. Callie : to pension (see bill II. R. 1 6 1 7 3 ), 445.
bill II. R. 1 9 9 6 0 ), 1992.
O W E N S , R O BER T, pension (see bill H . It. 1 0 8 8 4 ),
The * indicates bills acted upon.
See “ History of Bills.'
CONGRESSIONAL RECORD INDEX.
P A D G E T T — Continued.
Bills anil joint resolutions introduced by
Navy's making available certain unexpended balances of approprhrUonsNfpr- (see bill H . It. 1 9 9 6 6 ), 1992.
Navy and Marine Corps : to regulate and increase efficiency of
v p e rso n a l (see bill H. It. 2 0 0 4 5 ), 2033.
Navy D epartm ent: to promote efficiency and economy in admin„ istration V f (sc \ b i]l II. R. 1 5 2 6 6 ), 174.
Navy cfficersV to provide uniform method for fixing date from
which pay o\offic)«'S when promoted to next higher grade shall
be computed psee Bill II. It. 2 0 8 3 5 ), 2489.
Prater, Holly, afras P la te r : for relief (see bill H. R. 1 9 4 5 9 ),
1707.\
\
Public property: to ame'ad law relating to sale of (see bill H . R.
1 8 2 3 3 ), 1098.
Pulaski, Tenn. : to
public building at (sec bill H . R.
1 5 6 2 4 ), 358.
heirs (sec bill II. R. 1 7 8 1 0 ), 907.
Rockwell, James : for relief
msion
Sadler, Mary E . : to increasd%ension (see bill II. It. 2 3 8 6 9 ), 5515.
Spain, E li A. : for relief (see BM II. R. 2 5 5 0 5 ), 8481.
1
Stevens, M arcus.: for relief o x estate (see bill II. R- 2 3 6 o l) ,
5103.
X
Sullivan, Mary J.. formerly M a r y X . H ooper: for relief (see bill
H. It. 1 5 7 5 0 ), 360.
\
Tennessee Protestant Episcopal Church : for relief of diocese of
(see bill II. It. 1 4 8 0 ), 61.
\
Weems, Elizabeth: to increase pension'.(see bill II. R. 2 4 3 1 1 ),
6102.
X
•
W iley, John J. C. : for relief (see bill II. It. 1 4 8 0 6 ), 61.
Motions and resolutions offered by
\
A d jo u rn : to, 7008, 7133, 7187, 7268.
\
National Monetary Commission : to print report of (see II. Con.
Res. 2 8 ), 803.
\
Petitions and papers presented by, from
\
Citizens and individuals, l i l , 447, 532. 582. 689. 806. 1101,
1131, 1562, 1005. 2149, 2170. 2 3 12, 2374, 2424, 2tj90, 3864.
Societies and associations, 1466.
Remarks by, on
Banking and currency (Appendix, 2 6 3 ).
Battleships, 11188, 11189.
V
Civilian employees of Navy Department, 11301.
V
Commission of ensign to midshipmen, 2794.
Dams aerpss navigable waters, 9655.
Deserters from military or naval service, 2903.
Duck River, Tenn., dams, 8543, 8544, 9823, 9824.
Gordon, George W . : death of, 6312.
Loudenslager, Henry C . : death of, 5915.
National monetary commission report, 2473.
Naval trophy flags, 2897, 2898. 2903.
Navy appropriation bill, 7 0 2 3 -70 2 6 , 7068, 7112, 7114, 7115, 7116,
7119, 7120, 7121, 7122, 7126, 7127, 7128,
7131, 7132, 7157, 7158, 7172, 7173, 7174,
7177, 7178, 7179, 7180, 7181, 7183, 7184,
7232, 7233, 7236, 7237, 7238, 7239, 7240,
7243, 7244, 7245, 7246, 7247, 7248, 7249,
7241, j
7253, 7254, 7255, 7259, 7264, 7266, 7326,
7250, 7
7329, 7331, 7332, 7333, 7343, 7344. 7345,
7349,’ 7350,' 7 3 5 1 ,'7 3 5 2 , 7353. 7354, 7355, 8696, 9664.
■
------------conference report on, 11169, 11173, 11174, 11175, 11176,
11177, 11190, 11191.
Navy legislation, 11485.
Powder for Navy, 7167, 7172.
Suspension from promotion of Navy officers, 2892, 2893, 2894.
Use of irons in Navy, 9512.
R eports made by, from
Committee of conference :
Navy appropriation bill (bill II. R. 2 4 5 6 5 ; Repts. 1061, 1 2 1 7 ),
11169, 11382.
Committee on Naval Affairs :
Administration of Navy Department (Rept. 7 1 5 ), G525.
Maine— old battleship : resolution for adjournment of House to
attend memorial services for dead of (II. Res. 4 5 5 ), 3755.
Navy : resolution of inquiry relative to purchase of ships, tor
pedo boats, etc., from United States Steel Corporation (Rept.
2 3 4 ), 1003, 5882.
Navy appropriation bill (bill II. R. 2 4 5 6 5 ; Rept. 7 1 0 ), 6503.
Navy dental surgeons (Rept. 7 1 6 ), 6525.
Votes of. See Y e a -a n d -N a y V o t e s .
P A D G E T T, M A R G A R E T , issue land patent to (see bill II. R. 1 7 0 1 0 ).
P A D IL L A , JOSE, remove charge of desertion (see bill S. 7 1 8 4 ).
rA D IL D A , R AM ON, correct military record (see bill H. R. 2 5 8 3 9 ).
P A D IL L A B A Y , W A S H ., amendment in Senate relative to modification
or relocation of navigable channels in, 4168.
Amendment in Senate making appropriation for construction of
waterway connecting Similk Bay with, 4168.
Concurrent resolution for estimate of cost of dredging strip of
land separating Saratoga Passage from (see S. Con.^Res. 1 3 ).
PAD U CAH , K Y ., relief of Methodist Episcopal Church South at (see
bill 11. R. 2 1 6 8 2 ).
PAECII, OSCAR L., pension (see bill II. R. 2 1 1 1 1 ).
PAG E, AARON, increase pension (see bills S. 3707, 5 0 4 5 * ).
PAG E, A N N IE D., increase pension (see bill II. It. 2 0 0 1 2 ).
P AG E, CARROLL S. (a Senator from Verm ont).
Attended, 1.
Appointed on Funeral Committee, 3788, 4117.
Letter stating history of Page vocational educational bill, 10784.
Resolution to print speech on vocational education by (S. Doc.
8 4 5 ), 7700.
Amendments offered by, to
Agricultural appropriation b i l l : breeding horses for military serv
ice, 5168.
Legislative, executive, and judicial appropriation b i l l : relief of
Hobart J. Shanley, 6476.
Bills and joint resolution introduced by
Berrow, D u stin : to increase pension (see bill S. 6 9 5 5 ), 7137.
Bradley, R osw ell: to increase pension (see bill S. 4 6 7 1 ), 1061.
Bullard, E d ga r: to increase pension (see bill S. 6 6 1 5 ), 5521.
Burnett, A b ram : to increase pension (sec bill S. 6 5 4 8 ), 5316.
Chesley, George W . : for relief (see bill S. 7 4 3 7 ), 10427.
\
PAG E, CAR R O LL S.— Continued.
Bills and joint resolutions introduced by
Cook. Jacob L. : to increase pension (see bill S. 4 9 0 1 ), 1580
District of Columbia : for grading and improving Pennsylvania
Avenue S. E. (see bill 8 . 4 8 0 8 ), 1472.
'
a
Haskins, Hiram 8 . : to pension (see bill S. 4 7 6 7 ), 1214.
Jackson, Harold L. : to restore to active list of Army (see bin
8 . 6 2 4 4 ). 4464.
'
0111
Keyes, Emma E. : to pension (see bill S. 4 2 5 9 ). 701.
on
4259),
Monroe, D a n ie l: to increase pension (see bill S. 4 8 1 5 ), 1247
lsc
(sec
Morgan, James A. : to increase pension (see bill S. 5897)
Tease
Mullikin, David It. : to increase pension (see bill S. 4 8 6 9 ) ’ 1 4 7 .;’
:rease
Nichols, Harriet B . : to pension (see bill S. 4 5 3 0 ), 940 . ’
ension
llichforc ,V t . : to increase cost of public building at (see bin c
*
6 8 9 9 ), 6858.
'
1
Ring George I I .: to increase pension (see bill 8 . 4 8 3 1 ), 1295
Sawyer, Franklin E . : to increase pension (see bill S. 4 7 3 8 ) ,
Smith, Calvin W . I I . : to Increase pension (see bill S. 45951 9 fto'
Stebbins, C a lv in : to remove charge o f desertion (see bill 5 '
6 4 5 7 ), 5091.
kWheeler, James E . : to increase pension (see bill S. 4 9 3 2 ), L5 l s
Motions and resolutions offered by
■• o.
Adjourn : to. 1032.
Committee on Cuban R elations: to allow messenger to (see <
3
Res. 2 0 8 ), 1716.
Industrial education : to print paper by Charles M. Winslow
subject of (S. D o c .— ), 11142.
°n
Petitions and papers presented by, from
Citizens and individuals, 1832, 1998, 2181, 2495, 2593, 2755
2813, 11652.
Societies and associations, 643, 753. 837. 1939, 2037, 2078 °*'ao
2279, 2548, 2651. 2701, 2956, 3076, 3130.
Remarks by, on
Army appropriation bill, 10921.
Civil service employees, 8042.
Good roads, 10712.
Houghton, Alice V. : relief of, 4291.
Panama Canal. 9178. 9179, 10301.
Railroads in New England. 10366. 10367.
Richford, Vt. : public building. 7787.
Reports made by, from
Committee on Agriculture and Forestry :
Instruction in agriculture, the trades, and industries
4 0 5 ), 2434.
Committee on 'Indian A ffa irs:
\
Colville Indian Reservation lands (Rept. 6 9 1 ), 5728.
X Votes of. S ee Y e a -a n d -N a y V o t e s .
(Ront
1 '
P j Q E , F A N N IE , to pay (see II. Res. 5 1 7 * ).
PA ($g, F A N N IE M.. pension (see bill II. R. 7 3 4 6 ).
PAG®,. GEORGE W ., increase pension (see bills II. R. 1 4 648, 23063*),
P AG E, "JOHN W ., increase pension (see bills S. 4964, 6 0 8 4 * ).
P A G E , E E V I, increase pension (see bills S. 3418, G 6 4 0 *).
P AG E, R H D D A A ., pension (see bill II. R. 1 8 0 9 8 ).
P A G E , R O BER T N. (a Representative from North Carolina).
Attended, 3.
Appointed on special committee, 10833.
Appointed teller, 8114.
ChairmairComm ittee of the Whole, 1032, 1580, 9556.
Amendments offered by, to
Agricultural -appropriation bill, 2859.
Legislative, executive, and judicial appropriation bill, 5828, 5830
Sundry civil appropriation bill, 8024, 8026.
Bills and joint resolutions introduced by
Finch, E. J. : foF relief (see bill II. R. 2 6 2 2 8 ), 10703.
Thomasville, N. C . : to erect public building at (sec bill II n
1 8 3 2 4 ), 1128.
X
'
'
Motions and resolutions offered by
Adjourn : to, 10703.
Hookworm and soil pollution : to print w all chart on (sec IT Rr>«
3 8 0 ), 1128.
%
*
S'
Treasury D epartm ent: inquiry relative to findings of employees
assigned to investigate methods of auditing, accounting ote
in (see H . Res. 3 3 7 ), 358;
”
Petitions and papers presented by'ifrom
Citizens and individuals, 1131.% .562, 1872, 2076, 2277.
Societies and associations, 286o.%
Remarks by, on
%
Akin, M r. : speeches by, 11020.
'$
Bubonic plague, 7944.
X
Bureau of Fisheries, 8320.
Distribution of public documents, 6 1 90, 6197.
Ellis Island, N. Y .. immigrant station, .8324, 8325, 8326.
Jileno-e 5828, 5 8 3 0
X,
Mileage, 5 8 0 8 5830
National defense, 2479.
President’s traveling expenses, 8109. 8110,1 8112, 8113, 8114.
^
Revolutionary W ar records, 10247, 10248. \
Schofield Barracks, Hawaii, water leases, 10X15, 10316.
Seed distribution, 2962, 2963, 2964, 2985, 2966.
Special land-office agents, 8179.
Sundry civil appropriation bill, 7 7 6 1 -7 7 6 7 , 7 8 8 X
W ilm ington. N. C., marine-hospital reservation, S625.
•
V otes of. See Y e a - a n d -N a y V o t e s .
PAG E, W E L D O N B., appoint second lieutenant in Army (See bill II. R
2 5 6 4 8 ).
\
PAGO PAGO, T U T U IL A . amendment in Senate making appropriation
for special mail facilities from San Francisco, Cal., to»,4169.
P A IG E , H U G H B., pension (see bill II. R. 1 8 2 6 9 ).
\
P A IN E , E L IZ A A ., pension (see bill H . R . 2 4 8 3 4 ).
\
P A IN E , R O B ER T T ., report of Court of Claims on claim of (S. Doc
7 7 6 ), 7771.
P A IN E , S A R A H , pension (see bill S. 7 1 4 2 ).
P A IN E , W IL L IA M II., increase pension (see bill II. R. 2 4 0 2 6 * ).
The * indicates bills acted upon. See “ History of Bills.”
CONGRESSIONAL RECORD— SENATE.
SEN ATE.
M
f
o n d a y
.
December 11, 1911.
The Senate met at 2 o’clock p. m.
Prayer by the Chaplain, Rev. Ulysses G. B. Pierce, D. D.
W i l l ia m O. B r a d l ey , a Senator from the State of Kentucky;
W i l l ia m L o r im e r , a Senator from the State of Illinois; J a m e s
A. O ’ G o r m a n , a Senator from the State of New Y ork; a n d
R obert L. O w e n , a Senator from the State of Oklahoma, ap
peared in their seats to-day.
The Journal of the proceedings o f Thursday last was read
and approved.
Sundry messages in writing from the President o f the United
States were communicated to the Senate by M. C. Latta, one of
the President’s secretaries.
J
$
M E S SA G E FR O M T H E H O U SE .
A message from the House of Representatives, by J. C. S ou th /
its Chief Clerk, announced that the House had passed the fol
lowing bills, in which it requested the concurrence of the Senate :
II. R. 13278. Aii act to authorize the construction of a bridge
across Caddo Lake, in Louisiana; and
/
! H II 13988. An act to authorize the Director of the Ccujhis to
Collect and publish additional statistics of tobacco.
/
P E T IT IO N S A N D M E M O R IA L S .
/
The PRESIDENT pro tempore presented a petition o| the Na
tional Indian War Veterans’ Association, praying
the en
actment o f legislation granting pensions to those Who served
the Government from 1865 to 1890, which was referred to the
Committee on Pensions.
/
He also presented a petition of the Philadelphia Brigade As
sociation, Grand A rm y/of the Republic, o f Penniiylvania, pray
RA ILRO AD S E C U R IT IE S C O M M IS S IO N ( H . DOC. N O . 2 5 6 ) .
The PRESIDENT pro tempore laid before the Senate the ing for the passage o f the so-called old-age peijtaon bill, which
following message from the President of the United States, was referred to the Committee on Pensions. A
He also presented a resolution adopted by Me Conference for
which was read, and, with accompanying paper, referred to the
Committee on Interstate Commerce and ordered to be printed: Panama Canal Free Tolfi| for Coastwise Commerce, held at
Washington, D. C., favoring,.the enactment of legislation author
To the Senate and House of Representatives:
izing free tolls through the Panama Canal for vessels engaged
I transmit herewith for your consideration the report which in domestic commerce between the ports/of the United States,
lias been made to me by the Railroad Securities Commission, which was referred to the Committee oiYInteroceanic Canals.
He also presented a memorial o f thqi Federation of Labor, of
appointed under the authority of section 1G o f the act to create
a Commerce Court, approved June 18, 1010 (36 Stat., 556). The Cleveland, Ohio, remonstrating against the repeal or modifica
report evidences for itself the careful consideration which it tion of the present currency system,- which was referred to the
has received from the commission, and I heartily concur in the Committee on Finance.
He also presented a memorial o f Me congregation of the South
recommendations it contains and urge that appropriate action
Texas Seventh-day Adventist Church, o f Houston, Tex.,
he taken to carry these recommendations into effect.
W m , H. T a f t .
remonstrating against the enforced observance of Sunday as a
day of rest in the District of Columbia, which was ordered to
T iih W h it e H o u se , Deccnihcr 11, 1911.
lie on the table.
I S T H M I A N C A N A L C O M M IS S IO N ( I I . DOC. NO. 1 6 2 ) .
He also presented a petition of the Chamber of Commerce of
The PRESIDENT pro tempore laid bfefore the Senate the fol New York, praying for the ratificationyof all arbitration treaties
lowing message from the President of the United States, which now pending before the Senate and die approval of the Nica
was read, ordered to be printed, and, with the accompanying raguan and Honduran conventions, which was referred to the
Paper, referred to the Committee on/Interoceanic Canals:
Committee on Foreign Relations.
%
To the Senate and House o f Representatives:
He also presented a petition of the t}oard o f Foreign Mis
I transmit herewith, pursuant p6 the requirements o f chapter sions of the Methodist Episcopal Church/praying for the rati
lp02, Thirty-second 'Statutes, page 483, “An act to provide for fication of all arbitration treaties now% pending before the
the construction o f a canal connecting the waters o f the At Senate, which was ordered to lie on the tame.
He also presented a resolution adopted by the Women’s
lantic and Pacific Oceans,” approved June 28, 1902, the annual
deport o f the Isthmian Canal Commission for the fiscal year Christian Temperance Union of Colorado, favoring the erection
of a statue of peace at the entrance to the Panama Canal,
ended June 30, 1911.
1
which was referred to the Committee on Tnteroceanic Canals.
/
W m . II. T a f t .
Mr. GALUINGER presented a memorial Of the Improved
T iie W h it e H ouse , Dccqftnbcr 11, 1911.
Paper Machinery Co., o f Nashua, N. II., remo%trating against
REPORT ON O RD N A N C E A l i i F O R T IF IC A T IO N S ( H . DOC. N O. 1 3 0 ) .
any change being made in the present duty on pulp and paper,
The PRESIDENT pro Mmpore laid before the Senate a com which was referred to the Committee on Finance.
munication from the Secretary of War, transmitting the twentyHe also presented the petition o f C. W. Hannaford, o f Ports
th'st annual report o f Ahe *Board of Ordnance and Fortifica mouth, N. II., and the petition o f Frances Batliler, of Dover,
tions for the fiscal yetlr ended June 30, 1911, which was re- N. II., praying; that an appropriation be made for the construc
ferred to the Committee on Military Affairs and ordered to be tion o f a highway from Washington, D. C., to Gettysburg, Pa.,
Printed.
f
\
as a memorial to Abraham Lincoln, which were referred to the
Committee on Appropriations.
O N E ID A I N D I E S OF W IS C O N S IN ( l l . DOC. N O . 2 5 1 ) .
He also presented a petition o f Local Lodge No. 444, Inde
The PRESIDENT pro tempore, laid before the Senate a com
pendent Order o f B’rith Abraham, of Concord, N. II./ praying
munication from jh e Secretary of the Interior, transmitting, for the abrogation of the present treaty between the/United
Pursuant to law, t£e result of the reopening of negotiations with States and Russia, which was referred to the Committee on
tiie Oneida Indians of Wisconsin for the commutation of their Foreign Relations.
Perpetual annuities under treaty stipulations, which, with the
He also presented petitions of the George Street Chapel
accompanying pfiper, was referred to the Committee on Indian
Sunday School, o f Keene; o f the congregations of the First
•Affairs and ordered to be printed.
X
Congregational Church o f North Conway, of the First Baptist
/
%
.^FINDINGS OF T I I E COURT OF C L A IM S .
Church o f Franklin,, and o f Rev. C. C. Garland, o f Concord,
The PRESIDENT pro tempore laid before the Senate com- all in the State of New Hampshire; o f the Republican Club of
uiunications/from the assistant clerk of the Court o f Claims, New York City, N. Y .; and o f the Delaware Peace Society, of
transmitting findings o f fact and conclusions o f law filed by the Wilmington, Del., praying for the ratification of the treaties ofarbitration between the United States, Great Britain, a n d /
Court in the following causes:
D avid Hockensmith, administrator de bonis non o f George W. France, which were ordered to lie on the table.
Mr. CULLOM presented petitions of sundry citizens of Illi
Uockensmith, deceased, v. United States (S. Doc. No. 141) ; and
The County Court of Randolph County, W. Va., v. United nois, California, New York, Rhode Island, Delaware, Washing
ton, and Massachusetts, praying for the ratification of the pro-'
states (S. Doc. No. 142).
The foregoing findings were, with the accompanying papers, posed treaties of arbitration between the United States, Great
referred to the Committee on Claims and ordered to be printed. Britain, and France, which were ordered to lie on the table.
He also presented a petition of sundry members of the
IM P R O V E M E N T OF RIVERS A N D H AR BO RS ( S . DOC. NO. 1 4 0 ) .
Illinois National Guard, praying for the enactment of legislation
Tile PRESIDENT pro tempore laid before the Senate a com to provide pay for members of the Organized Militia, which was
munication from the officers o f the National Rivers and Har referred to the Committee on Military Affairs.
He also presented a petition of Local Lodge No. 498, Interna
bors Congress, transmitting resolutions adopted by that body
favoring a continuance by Congress of its policy o f annual ap tional Association of Machinists, of Beardstown, 111., and a
propriations for the improvement of rivers and harbors, for petition o f Local Lodge No. 58, Switchmen’s Union, of Chicago,
continuing the contract system, and authorizing free tolls for 111., praying for the repeal o f the present oleomargarine law,
American ships over improved waterways, etc., which were re which were referred to the Committee on Agriculture and
ferred to the Committee on Commerce and ordered to be printed. Forestry.
XLVIII-
12
178
CONGRESSIONAL RECORD— SENATE.
D ecember n
He also presented memorials of the congregations of the
Seventh-day Adventist Churches o f Chicago and Onarga, in the
State of Illinois, remonstrating against the observance of Sun
day as a day of rest in the District o f Columbia, which were
ordered to lie on the table.
lie also presented petitions of sundry lodges of the Order of
B ’rith Abraham of Chicago; of Local Lodge No. 232, Independ
ent Western Star Order, o f Peoria; and the congregation of
Kehilath Anshe Mayriu of Chicago, all in the State of Illinois,
praying for the abrogation of the treaty between the United
States and Russia, which were referred to the Committee on
Foreign Relations.
Mr. WILLIAMS. Mr. President, I present resolutions in the
form of a petition which I ask may be read and referred to the
Committee on Foreign Relations.
There b e in g no objection, the resolutions were read and re
ferred to the Committee on Foreign Relations, as follows:
Resolutions adopted at a mass meeting of the people of Mississippi,
held on Tuesday, November 21, at the capitol at Jackson, Miss.,
calling for the abrogation of our treaty with the Empire of Russia.
.For more than a generation passports issued by our Government to
American citizens have been openly and continually disregarded and
discredited by Russia in violation of its treaty obligations and the
usage of civilized nations.
During all that time, administration after administration, irre
spective of party, has protested against this insult and humiliation, and
Congress has on repeated occasions given emphatic expression to its
resentment of the stain imposed upon our national honor.
Diplomacy
has exhausted itself in ineffectual effort to bring relief, for which a new
generation is impatiently waiting.
The citizenship of every American who loves his country has in
consequence been subjected to degration, and it has become a matter of
such serious import to the people of the United States as an entirety
that this condition can no longer be tolerated: Therefore be it
Resolved, That it is the sense of this meeting, speaking in the m m ?
of many citizens of Mississippi, having at heart the preservation of
the honor of our Republic and joining in generous emulation with
citizens in all other States, to elevate its moral and political standards
and to stimulate an abiding consciousness of its ideal missions among
the nations of the earth ; that the President of the United States, the
Department of State, and Congress be respectfully and earnestly urged
to take immediate measures in conformity with the express terms of
the treaties now existing between the United States and Russia and in
accordance with the law of nations to terminate such treaties to the
end that if treaty relations are to exist between the two nations it
shall be upon such conditions and guarantees only as shall be consonant ;
with the dignity of the American people.
E. F. N oel , Chairman.
A
F r e d e r ic k T u l l e n s , Secretary?*
fte also presented a memorial o f Winchester Post, No. jjyjDepartment o f New York, Grand Army of the Republic, 0f
•Brooklyn, N. Y., praying for the enactment of legislation pro.
viding for the incorporation of the Grand Army of the Repub.
lie, which was referred to the Committee on the District 0f
Columbia.
He also presented petitions o f sundry citizens o f Palmer
Mr. O’GORMAN presented a concurrent resolution of tlie le g
islature of New York, which was referred to the Committee on Jamestown, and Buffalo, all in the State o f New York, praying
Military Affairs and ordered t o be printed in the R e c o r d , a s for tbe repeal of the present oleomargarine law, which were
referred to the Committee on Agriculture and Forestry.
follow s:
jf
I n A s s e m b l y , SeptemberJfO, 1911.
He also presented petitions of sundry citizens, churches, ana
By unanimous consent, Mr. Cuvillier offered for the consideration of civic organizations of New York City, Utica, Dolgeville, Dobbs
the house a resolution in the words following :
Ferry, Rochester, Geneva, Fort Byron, Wappingers Falls. Al
Resolution petitioning Congress to establish an Army po^T in the city
bany, Saugerties, and Amsterdam, all in the State of New York
of Albany, State of New York.
Whereas the city of Albany is considered the most itffportant strate praying for the ratification of tbe proposed treaties of arbitra
gic point of defense on the Atlantic seaboard, located A t the confluence tion between the United States, Great Britain, and France
of the Hudson and Mohawk Rivers and the Erie Cmial, thereby con
which were ordered to lie on the table.
necting the city of New York, the greatest seagirt in the United
States, with the navigable Hudson River, the W est Shore, and the
He also presented a memorial of the congregation of the First
New York Central lines, constituting the greatest rail and water line
German Seventh-day Adventist Church o f Brooklyn, N. Y., re
of communication in conjunction with the Erie, Lehigh Valley, and the
monstrating against the observance o f Sunday as a day of rest
Delaware & Lackawanna systems, which converge with the W est Shore
and New York Central, where the jugular verb of the Nation’s com
in7the District o f Columbia, which was ordered to lie on the
merce lies uncovered on the border of a foreis^a frontier.
table.
v '
Whereas the city of Albany stands at the junction of lines of com
munication to the east, west, south, and north, and constitutes a
Mr. BRIGGS presented petitions of L. G. White, of Asburv
point from which United States troops cCnild move to active defense
Park; William C. Hendrickson, o f Belle Mead: S. B. Renick
with the least resistance ; and it is the d sty of each State to lend the
and J. W. Smith, of Bloomfield; A. N. Roe, of Branchville; the
assistance to the United States Governjnent in the protection of the
United States from a foreign invasion?
First Presbyterian Church of Burlington; R. H. Blake and
Resolved (if the senate concur), Tiifit it is the sense of the Legis Lewis Buddy 3d, o f East Orange; the Presbyterian and Lutheran
lature of the State of New York thgjrc the United States Government
Churches of German Valley; the Firesburg Congregation of
establish an Army post in the city p i Albany ; and the State of New
York, through its legislature, will qj all times patriotically render any
Salem County; the West Side Presbyterian Church of Engle
assistance to the United States Government ip the proper defense of
wood; L. R. Laban, of Harlingen; the Methodist, Presbyterian,
the Nation ; and he it further >
and Baptist churches of Highstown; the First Presbyterian
R esolved, That the Representatives in Congress from the State of
New York he requested to use. their endeavors to establish an Army
Church of Jersey City; the Reformed Church of Lebanon; the
post in the city of Albany a t-th e next session of Congress, which con
Montclair Heights Reformed Church and Edgar S. Wiers, of
venes on the first Monday in December, 1011 ; and be it further
Resolved, That a copy of this resolution be forwarded to the Presi Montclair; the Roseville Methodist Episcopal Church and the
dent of the Senate and the Speaker of the House of Representatives
First Congregational ..Tube Memorial Church, of Newark; tlie
and to each Member of the.'House of Representatives and Senators.
First Methodist Episcopal Church of Park Ridge; the Board of
S e p t e m b e r 30, 1911.
Trade of Bound Brook; the conference o f clergy of the Epis
The senate returned th e concurrent resolution petitioning Congress
copal Church in the diocese of Newark; the Presbyterian
tov establish an Army post in the city of Albany, with a message that
they have concurred in the passage of the same without amendment.
Church o f Barnegat; the Baptist Church of New Monmouth;
O f f ic e o f t h e C l e r k o f t h e A s s e m b l y .
Rev. R. F. Bresnahan, of Hamburg; B. C. Pond, of Paterson;
S t a t e of N e w Y o r k , County of Albany, s s :
the Religious Society of Friends of Plainfield; the First Metho
I. George R. Van Namee, clerk of the assembly, do hereby certify
dist Episcopal Church of Phillipsburg; the Religious Society of
that I have compared the foregoing record of proceedings of the
Friends of Shrewsbury and Plainfield; the Inter-Church Fed
assembly of September 20 and 30, 1911, relative to the resolution
eration o f Salem County; Horace S. Osborne, of Upper Mont
therein set forth with the original thereof as contained in the original
official copy of the journal of proceedings of the assembly of said dates
clair; J. S. Johnson, Mrs. J. S. Johnson, Mary L. Knaufft,
and that the same is a true and correct transcript of said journal of
Edward L. Truslow, and H. De Gehring. of Summit; the Union
proceedings in so far as the same relates to said resolution and of the
Place Methodist Episcopal Church, o f Union H ill; Isaac Senzner,
whole thereof.
In witness whereof I have hereunto set my hand and affixed my
of Trenton; and the Calvary Baptist Church of Westwood, all
official seal this 3d day of October, 1911.
in the State of New Jersey, praying for the ratification of the
[ s e a l .]
G. R. V a n N a m e s ,
proposed treaties o f arbitration between the United States,
Clerk of the Assem bly.
1911.
CONGRESSIONAL RECORD— SENATE.
185
lAg1* '
**
A. bill (S. 3G40) to amend certain sections o f the Revised
Statutes o f the United States, and to provide for the designa
tion of fleet staff officers in the N avy;
A bill (S. 3641) to provide for the deposit in the Treasury
o f the United States o f moneys unclaimed , by next of kin
belonging to deceased inmates o f the naval home or derived
from the sale of their personal effects, and for other purposes;
A bill (S. 3042) to amend the act o f January 25, 1S05, as
amended by the act o f March 3, 1901, relative to the administra
tion of oath s;
A bill (S. 3643) to provide for the examination for promo
tion o f officers o f the Navy by a single, examining board, and
for other purposes;
A bill (S. 3044) to provide for a reserve of personnel for the
United States Navy and Marine Corps and for its enrollment;
A bill (S. 3G45) to amend the huv providing for the payment
o f the deaik gratuity as applicable to. the Navy and Marine
Corps; and
A bill (S. 364G) to amend an act entitled “An act to promote
the administration o f justice in the Navy,” to amend section
1624 of the Revised Statutes/and for other purposes; to the
Committee oh Naval A ffa irs./
A bill (S. 3647) granting ah increase o f pension to Fredericka
T rilley ;
/
A bill (S. 3648) granting an increase of pension to John A.
B oulger; and
A bill (S. 3040) granting an increase of pension to James Gal-lagher; to the Qpmmittde on Pensions.
By Mr. O V E R M A N :/
A bill (S. 3050) fo r the relief of heirs of Rufus Avery, de
ceased; to the Commjttee on Claims.
By Mr. BR.ADLEV?:
A bill ( S. 3051) fsSr the relief o f Gilbert Wilkerson and Jere
miah Sparks, alias/bave Sparks; and
A bill (S. 3052)4for the relief o f the estate of John Westley
Eubanks, decease#; to the Committee on Claims.
A bill (S. 36|3) granting an increase of pension to Silas
Wilder (with a<S*ompanying papers) ; and
A bill (S. S(#>4) granting an increase of pension to John AI
Doan (with accompanying papers) ; to the Committee on P en/
sions.
f
By Mr. CRANE:
A bill (S /3655 ) granting an increase o f pension to Maria L.
M iller;
£
A bill (£. 3650) granting an increase o f pension to Martin
V. B. K n ox ; and
A bill i s . 3057) granting an increase of pension to Matthew
OTialloufm: to the Committee on Pensions.
By aR. MARTIN o f Virginia :
A bi|l (S. 3058) for the relief o f J. N. W hittaker; to the
Commjttee on Claims.
A Ijf ll (S. 3059) granting a pension to Sarah F. M aynard;
A |(ill (S. 3000) granting a pension to Roland B. Horsley;
ill
A Jail (S. 3061) granting a pension to Walter S. Buchanan;
and#
A? bill (S. 3002) granting an increase of pension to Rachael
C lim b ers; to the Committee on Pensions.
jky Air. BORAH :
|A bill (S. 3003) granting an increase of pension to Ozro AI.
Ifale (with accompanying papers) ;
/ A bill (S. 3064) granting an increase of pension to Louisa A.
Brown (with accompanying papers) ;
t A bill (S. 3005) granting an increase of pension to Elizabeth
/L ile (with accompanying papers) ;
j
A bill (S. 3000) granting an increase o f pension to George
f M. Conner (with accompanying papers) ;
A bill (S. 3007) granting an increase o f pension to Dennis
McCarty (with accompanying papers) ;
A bill (S. 3008) granting an increase o f pension ‘to Jesse
Nott (with accompanying papers) ;
A bill (S. 3609) granting an increase of pension to Eward
Seaton (with accompanying papers) ;
A bill (S. 3070) granting an increase o f pension to Samuel
M. Skelton (with accompanying papers) ;
A bill (S. 3071) granting an increase o f pension to Elijah H.
Spencer (with accompanying papers) ; and
A bill ( S. 3672) granting an increase of pension to Edwin
E. Austin (with accompanying papers) ; to the Committee on
Pensions.
By Air. TILLM AN:
A bill (S. 3073) granting pensions to Lola B. Ilendershott
and Louise Ilendershott; and
A bill (S. 3074) granting a pension to Dora D. W alker; to
the Committee on Pensions.
By Air. CHILTON:
-# 1
A bill (S. 30<5) to correct the military recc
of John A.
Patterson; to the Committee on Military AffaJjj^S;
By Air. DILLIN GH AM :
A bill (S. 3070) granting an in crea^ t^ f pension., to Manlius
Holbrook (witESaccompanying paper
A bill (S. 3077)^granting an y^fease of pension to John A.
AIcFeeters (with accompanying-df;;pers) ; apd
A bill (S. 3678) grantinagfff in c r e a s e ,p e n s io n to John G.
Smith (with accom panyi^ paper) ; to ’{lie Committee on Pen
sions.
.= •
By Air. CIIA AIB ERT.A IN : _
A bill (S. 3079.), granting ap Increase o f pension to Abner E.
Armstrong ( vylfR accompanying papers) ;
A bill (SvjSoSO) granting an incrhf£§g o f pension to Alalchi
Baughman (w ith accompanying papers) p -.,
A bill ifs. 30S1) granting an increase of pteqxion to Hiram It.
AlcCord (with accompanying papers) ;
N.-.
A bill (S. 3G8f) granting an increase of pension to Alahlon
Petree (with accompanying papers) ;
~
A bill (Jjh'SOSS) granting an increase o f pension to James
Petree (wren accompanying papers) ; and
A bill ’( 8. 30S4) granting an increase of pension to William
Lyman Chittenden (with accompanying papers) ; to the Com
mittee on Pensions.
By Air. O W E N :
A bill (S. 3685) authorizing the Secretary of the Interior to
permit the Denison Coal Co. to relinquish certain lands em
braced in its existing Choctaw and Chickasaw coal lease, and
for other purposes; and
A bill (S. 3680) authorizing the Secretary o f the Interior to
permit the Alissouri, Kansas & Texas Coal Co. and the Eastern
Coal & Alining Co. to exchange certain lands embraced within
their existing coal leases in the Choctaw and Chickasaw Nation
for other lands within said nation; to the Committee on Indian
Affairs.
A bill (S. 3687) granting an increase of pension to Robert S.
Kariho (with accompanying paper) ; and
A bill (S. 3G8S) granting tin increase o f pension to Andrew
McDonal (with accompanying papers) ; to the Committee on
Pensions.
........
; .
A.: '
4
4 :
A bill (S. 3089) granting an increase of pension to Edwin
Underhill;
A bill (S. 3090) granting an increase of pension to Henry G.
Carbee;
A bill (S. 3691) granting an increase of pension to Am brose/
A. Stiles;
A'
A bill (S. 3692) granting an increase o f pension to Franci^E.
Stevens; and
A bill (S. 3693) granting an increase o f pension to Charles
Morgrage; to the Committee on Pensions.
By Air. SAIITH of South Carolina:
A joint resolution (S. J. Res. 62) relating to cotthti statistics;
to tlie Committee on Agriculture and Forestry,,
UNIVERSITY* an TIIE UNITED STATUS.
Air. GALLINGER. On (tie 8tli day of May last I intro
duced for the late Senator fflopi Alaine, Air. Frye, a bill (S.
2050) to establish the University of the United States, which
was referred to the appropriate 'commUtee. I have been re
quested to introduce a hill with siwam changes from the one
I formerly introduced, and I ask pea:’ih%sion to have the former
bill indefinitely postponed and thft't this/pill be referred to tlie
proper committee.
/"
Tlie PRESIDENT pro tempore. Without, objection, Senate
bill 2050 will be indefinitely' postponed and the bill now intro
duced by tlie Senator fra p New Hampshire will he read twice
t> r its title.
5
J ?'
The hill (S. 3559 )
establish the University ftf the United
States was read twige by its title and referred to the Committee
on tlie University/^! tlie United States.
A D M IN IS T R A T IO N
OF
O A T IIS .
\
Air. BUR'l’IW. By request I introduce a bill to amend sec
tion 1 of the Revised Statutes o f the United States in relation
to oaths,,<vhicli I ask to have read at length, and I presew: a
brief accompanying memorial, which I ask may be printed in
the IyCcoRD.
The bill (S. 3579) to amend section 1 of the Revised Statutes
of,Tlie United States in relation to oaths was read the first
time by its title and tlie second time at length, as follow s:
A bill
(S. 35 7 9 ) to amend section 1 of the Revised Statutes of the
United States, in relation to oaths.
^ Tie it enacted, etc., T hat section 1 of the Revised Statutes of the
United States be amended by adding to tlie words “ the requirements
CONGRESSIONAL RECORD— SENATE.
186
of an oath shall be deemed complied with by making affirmation in
judicial form ” the following clau ses:
The form of the oath which may be taken or administered in the
courts or elsewhere under the laws of the United States shall be as
follows :
First. “ In the presence of Alm ighty God I do solemnly promise (or
declare),” etc. And it shall not bo lawful to add to any oath the words
“ so help me God,” or any imprecatory words whatsoever.
Second. The manner or administering oaths shall be by requiring the
person making the same to hold up his hand in token of his recognition
of the solemnity of the act, except in those cases wherein it shall
appear that some other mode is more in accordance with the religious
faith of the swearer.
Tlie PRESIDENT pro tempore. The bill will be referred to
the Committee on the Judiciary, and without objection the
accompanying memorial will be printed in the R ecord .
There being no objection, the memorial w a s referred to the
Committee on the Judiciary and ordered to be printed in the
R ecord , a s f o l l o w s :
To tlic honorable the Senate and House of Representatives in Congress
assembled:
W e, the undersigned, believing that the imprecatory words “ so help
me God ” and those of like import in the oaths which have long been
administered in our courts are but little understood by the majority of
those who take them, while they arc not essential to the true intent
of the oath as now interpreted and add nothing to the solemnity
thereof, would hereby respectfully petition the Congress of the United
States to pass the annexed act, providing a form which has been used
for more than 10 years past in the State and United States courts
sitting in Maryland.
Thos. J. Morris, United States district judge for the district
of M aryland; W m . F. Stone, collector of custom s; J.
Barry Mahool, mayor of Baltimore, Md. ; Ira Remsen,
president Johns Hopkins University ; Charles J. Bona
parte, late Attorney General of ‘the United S ta te s ;
Edgar Allan Poe, city solicitor, Baltimore C it y ; Geo.
Whitelock, attorney at law and United States commis
sioner on uniform State laws ; Charles F. Thwing, presi
dent of Western Reserve University ; Evan II. Hopkins,
attorney at law.
THE
A M E R IC A N
TOBACCO
CO . E T A E .
D ecember 11 y
I will submit some remarks in support of Senate resolution
No. 160, providing for the investigation of the Soldiera/Horne
at Santa Monica, Cal., and upon the general subject of the
obligation of the Government to the veterans of theiCivil War.
H O U S E B IL L S
REFERRED.
JF
The bill (H. R. 139S8) to authorize the DireoJor of the Cen
sus to collect and publish additional statistic!? of tobacco was
read twice by its title and referred to the .Committee on tho
Census.
The bill (H. II. 13278) to authorize U ' construction of n
jK
bridge across Caddo Lake, in Louisiana, Jwas read twice by j('s
title and referred to the Committe on CdSnmerce.
PROPOSED L E G IS L A T IV E ^ R O G R A M .
Mr. NEWLANDS. Mr. President, -f desire to call up Senate
resolution 159, regarding a legislative program during the pres
ent session. I would like to mahw a brief statement explana
tory of the resolution, without interruption, and at its close I
shall ask unanimous consent fo f the consideration of the reso
lution.
At the last extra session of Congress I offered a resolution
providing for a legislative program, declaring it to be the sense
of the Senate that legislation should be enacted upon nine sub
jects, and that seven other subjects should be considered by
the appropriate committees with a view to legislative action
at the next regular session. This resolution was debated from
time to time, but \yasAiot acted upon; but of the nine subjects
covered by it, six were taken up by Congress and disposed of
namely, (1) the reciprocity bill; (2) the enlargement of the
free list of importations; (3) the reduction o f duties in the
wool, cotton, and'steel schedules; (4) the publicity of campaign
expenditures; (5) the election of United States Senators by
popular vote; and (6) the admission of Arizona and New
Mexico, although in several instances the action of Congress
became inoperative through the veto of the President.
Mr. CUMMINS. Mr. President, I desire to give notice that
on Wednesday of this week, immediately following the routine
A NEW LEGISLATIVE PROGRAM.
morning business, I will address the Senate, if it will hear me,
Last Thursday I offered in the Senate a new resolution,
upon the importance of securing a review by the Supreme Court
of the United States of the decree lately entered by the Circuit declaring it to be the sense of the Senate that during the
Court for the Southern District of New York in The American present session the appropriate committees should consider and
Tobacco Co. case, and upon a bill for that purpose, which I Congress should enact legislation upon 13 subjects, 4 of them
under the head of tariffs and taxation, providing for a reduc
now introduce.
of excessive
steel schedules;
The bill (S. 3607) to give the right o f appeal to the Supreme, tion enlargement duties in the wool, cotton, andreduction of pro
the
of the free list; the gradual
Court of the United States to certain organizations or persons?1 hibitory duties; and an increase in the corporation tax suffi
in the suit of the United States v. The American Tobacco < ■ cient to make up any deficit in revenue as a result of the
&
et al. was read twice by its title.
reductions of customs duties; 3 under the head of interstate
The PRESIDENT pro tempore. Does the Senator
commerce, providing for the physical valuation of railroads as
that the bill lie upon the table until after he address
a factor in rate regulation, preventing stock watering, and pro
Senate?
Mr. CUMMINS. I am quite willing that it be referirfB at this viding for an interstate trade commission, with powers over
interstate trade similar, so far as practicable, to those pos
time to the Committee on the Judiciary.
jT
The PRESIDENT pro tempore. The bill will bty referred to sessed by the Interstate Commerce Commission regarding inter
state transportation; and several other subjects, relating to
the Committee on the Judiciary.
/
reform in our banking system, the development and regulation
GOVERNMENT-OWNED RAILROAD IN ALASKA.
o f our rivers by cooperation o f the scientific services and the
Mr. LA FOLLETTE. Mr. President, I submit an amend cooperation of the Nation with the States in both plans and
ment which I propose to offer to the bill (§ff 3124) to provide works, the protection o f our natural resources against monopo
for the leasing of coal and coal lands hi the Territory of listic control, the upbuilding of an American merchant marine
Alaska. The proposed amendment provides for the construc by free entry to all ships, wherever built, the construction of an
tion and operation of a Goveniment-owysed railroad in Alaska. auxiliary navy, to be used in time of war in aid of our fighting
I ask to have the amendment printed and referred to the Com ships and in time o f peace in service through the Panama
Canal and establishing new routes o f commerce with foreign
mittee on Public Lands, having charge of that bill.
The PRESIDENT pro tempore. /T h e amendment will be countries through lease to shipping companies; and, finally,
the reduction of our military expense to a sum not exceeding
printed and referred to the Committee on Public Lands.
$200,000,000 annually for our Army and Navy through the aid
THE ARLINGTON ESl'ATE, VIRGINIA.
of a military board to be selected by the President.
Mr. PERKINS submitted an jjsnendment proposing to transfer
THE INITIATIVE IN LEGISLATION.
and place under the control atid jurisdiction of the Navy De
Under* our form o f government the initiative in legislation
partment for use for naval purposes certain Government land is given by the recommendation of the President, acting under
in Alexandria County, Va., .Known as the Arlington estate, etc., his constitutional power. But this initiative means little unless
intended to be proposed by' him to the naval appropriation bill, the party to which the President belongs is in power in both
which was referred to rlie Committee on Naval Affairs and Houses and unless the President is the leader o f a harmonious
ordered to be printed.
party. Neither of these conditions exists to-day. The House
HEARINGS BEFORE THE COMMITTEE ON COMMERCE.
is Democratic whilst the executive departments and the Senate
Mr. NELSON submitted the following resolution (S. Res. are under Republican control, but in the Senate the dominant
164), which was read and referred to the Committee to Audit party is so divided against itself that harmony of action does'
not exist upon important matters.
and Control the Contingent Expenses of the Senate:
In England and other countries where a responsible ministry
Resolved, That tlie Committee on Commerce, or any subcommittee
thereof, be authorized to send for persons and papers and to administer exists the initiative in legislation is given to it, and it is
oaths, and to employ a stenographer to report such hearings as may
charged with the responsibility of framing Government measures
be had in connection with any subject which may be pending before
which are submitted to the legislative body and supported by
said committee, and to have the same printed for its use, the expenses
such ministry through all the stages of legislative action.
thereof to be paid out of the contingent fund of the Senate ; and that
the committee or any subcommittee thereof may sit during the sessions
Under our form of government there is no responsible
of the Senate.
ministry, and the initiative for legislation rests entirely upon
NATIONAL SOLDIERS’ HOME, SANTA MONICA, CAL.
the individual members of the Senate or of the House. It is
Mr. WORKS. Mr. President, I desire to give notice that on true that under the custom of the parties the Speaker of the
Thursday next, immediately after the routine morning business, House and the leader of the dominant party in the Senate,
1911.
CONGRESSIONAL RECORD— SENATE.
n
By Mr. GALLINGER :
remonstrating against the extension o f the parcels-post system
beyond its present limitations, which were referred to the Com
l
A bill (S. 3097) to compensate the commissioners to revise
mittee on Post Oflices and Post Roads.
the statutes relating to patents, trade and other marks, and
He also present petitions o f the congregations o f the Churchi trade and commercial names, for services rendered (with accomL
of Christ, the First Presbyterian, the First Baptist, aud the panying paper) ; to the Committee on Patents.
e
First Methodist Episcopal Churches, o f Lawrence, Kans., and
I
By Mr. BRANDEGEE :
of sundry churches o f McPherson, Kans., praying for the enact
A bill (S. 369S) granting an increase o f pension to Susan E.
ment o f an interstate liquor law to prevent the nullification of M iller; and
f
State liquor laws by outside liquor dealers, which were referred
1
A bill (S. 3099) granting a pension to Kate N. Foote; to the
to the Committee on the Judiciary.
Committee on Pensions,
f
By Mr. WETMORE :
Mr. TILLMAN presented a memorial o f the congregation of
A bill (S. 3700) to amend an act entitled “ An act for the
the Seventli-day Adventist Church, of Campolullcr, S. C., re
monstrating against the enactment o f legislation for the observ widening of Benning Road, and for other purposes,” approved
ance o f Sunday as a day of rest in the District o f Columbia,, May 16, 1908; to the Committee on the District o f Columbia.
By Mr. JOHNSON o f M aine:
which was ordered to lie on the table.
A bill (S. 3701) to amend section 22 of the act of Congress
Mr. SMITH of Michigan presented a petition of the congre
ss lion of the First Presbyterian Church o f Port Huron, Mich.,, approved February 4, 1887, entitled “ An act to regulate cmn.
praying foi^tlie enactment o f legislation to prohibit the trans merce,” as amended by the acts of Congress o f March 2, 18S9,
i
portation o f intoxicating liquors into prohibition districts, which and February 8, 1S95; to the Committee on Interstate Com
merce.
'vas referred\to the Committee on the Judiciary.
I
A bill (S. 3702) granting a pension to Fred Lajoie;
Mr. STONE presented a petition of the Central Trades and
f
A bill (S. 3703) granting an increase of pension to John Dow
Labor Council- of St. Louis, Mo., praying for the enactment of
',
legislation providing that membership in any association or or (with accompanying papers) ;
A bill (S. 3704) granting ail increase of pension to Moses E.
ganization for ftie purpose of improving the conditions of labor
R
ball not constitute grounds for the removal of civil-service em Kimball (with accompanying papers) ;
A bill (S. 3705) granting an increase o f pension to Henry II.
ployees, which whs referred to the Committee on Civil Service
Bailey (with accompanying: papers) ;
mid Retrenchment,
A bill (S. 3700) .granting an increase o f pension to James L.
He also presented petitions o f the Ministers’ Alliance and
Church Federation; o f Kansas City, and o f sundry citizens of Lane (with accompanying paper) ;
A bill (S. 3707) granting an increase o f pension to Aaron
Carthage and Unionville, all in the State o f Missouri, praying
far the ratification o f the proposed treaties o f arbitration be Page (with accompanying papers) ;
A bill (S. 3708) granting an increase o f pension to Sylvester
tween the United States, Great Britain, and France, which were
Abbott (with accompanying papers) ; and
ordered to lie on the table.
A bill (S. 3709) granting a pension to Melvin F. Wyman; to
He also presented a petition of sundry veterans of the Civil
War o f Clinton, Mo., praying for the passage o f the so-called the Committee on Pensions.
By Mr. GAMBLE:
\
old-age pension bill, which was referred to the Committee on
A bill (S. 3711) granting an increase o f pension to Henry
Pensions.
He also presented a memoral of the Allied Printing Trades D. Lockwood (with accompanying papers) ; to the Committee
\
Council o f Kansas City, Mo., remonstrating against the passage on Pensions.
By Mr. OVERMAN:
\
of the so-called Smoot printing bill, which was referred to the
A bill (S. 3712) to regulate the practice of dentistry in the
Committee on Printing.
•
He also presented a petition of Local Lodge No. 37, Switch District o f Columbia; to th « Committee on the District of Co
>
men’s Union, of St. Louis, Klo., praying for the enactment of lumbia.
By Mr. W ILLIAM S:
legislation regulating the number o f men to be assigned to rail
A bill (S. 3713) to increase the limit o f cost of the public
way locomotives engaged in handling interstate commerce, which
building at Laurel, Miss.; to the:Committee on Public Buildings
mas referred to the Committee fcn Interstate Commerce.
He also presented a petition o f the Congregation Shaare and Grounds.
By Mr. B R A D L E Y :
Shalem, of St. Joseph, Mo., praying for the abrogation o f the
A bill (S. 3714) granting an increase o f pension to Taranndocty
treaty o f 1832 between the UnitedlStates and Russia, which was
Owens (with accompanying papers) ; and
referred to the Committee on For&gn Relations.
A bill (S. 3715) granting an increase o f pension to Tivis C.
He also presented a petition ofTthe Allied Printing Trades
Council of Kansas City, Mo., prayin^.for the enactment of legis Simmons (with accompanying papers) ; to the Committee on
lation to further regulate interstate Commerce in convict-made Pensions.
By Mr. SUTHERLAND :
goods, which was referred to the Committee on Interstate Com
A bill (S. 3710) for the erection o f a public building at St.
merce.
He also presented a memorial of fhe congregation of the George, Utah; to the- Committee on Public Buildings and
Seventh-day Adventist Church o f Clinton, Mo., and a memorial Grounds.
A bill (S. 3717) granting an increase of pension to Diana
° f the congregation of the First Seventh-day Adventist Church
%
° f Nevada, Mo., demonstrating against the observance o f Sun- Christy; to the Committee on Pensions.
By Mr. BOURNE:
(Fiy as a day of rest in the District o f Columbia, which were
A bill (S. 3718) granting an increase o f pension to William
ordered to lie onithe table.
.M r . OLIVER-presented petitions o f the Presbyterian M in-' E. Flesher (with accompanying papers) ; to the Committee on
leers’ Association of Pittsburgh, the Ministers’ Association of Pensions.
By Mr. STONE :
Clinton City add Pottstown, the Business Men's Bible Class of
A bill (S. 3719) for the relief o f Julia L. PaxOn; to the Com
Ibe Central Pybsbyterian Church of Erie, o f the congregations
of the Centra/ Methodist Church of Wilkes-Barre, the First mittee on Claims.
A bill (S. 3720) granting an increase o f pension to Florida
Presbyterian Church of Beaver Falls, the First Presbyterian
Church of Warren, and the First Methodist Episcopal Church Kennerly;
A bill (S. 3721) granting a pension to Irvin M. Smith;
° f Fottstowfi, all in the State of Pennsylvania, praying for the
A bill (S. 3722) granting an increase of pension to Jacob S.
enactment
an interstate liquor law to prevent the nullifica
tion of State liquor laws by outside liquor dealers, which were Young (with accompanying papers) ;
A bill (S. 3723) granting an increase o f pension to Henry V.
referred tor the Committee on the Judiciary.
Leach (with accompanying papers) ;
B IL L S IN T R O D U C E D .
A bill (S. 3724) granting an increase of pension to James H.
Bills Were introduced, read the first time, and, by unanimous Cowan (with accompanying papers) ; and
A bill (S. 3725) granting an increase o f pension to John A.'
consent, the second time, and referred as follow s:
Pierson (with accompanying papers) ; to the Committee on
By Mr. B R IG G S:
A bill (S. 3094) to provide for the erection o f a public build- Pensions.
By Mr. OW E N :
ng at Morristown, N. J .; to the Committee on Public Buildings
A bill (S. 3720) granting an increase of pension to Calvin R.
nnd Grounds.
A bill (S. 3095) granting an increase of pension to Ellen B. Lockhart (with accompanying papers) ; to the Committee on
Pensions.
Woodbury; and
I N T E R S T A T E A L C O H O L I C L IQ U O R T R A F F I C .
A bill (g. 3090) granting an increase of pension to John,
iredo (with accompanying paper) ; to the Committee on Penport known as Report No. hip, BRSetb «’on gross.
X L V III
-15
CONGRESSIONAL EECOED— SENATE
226
wa>gnade from the Committee on the Judiciary on the general
subject of ..Rie regulation of interstate commerce in intoxicating
liquors. I presents! pay views as a member of that committee
in a separate bill, attached to-, the report. I desire to introduce
that bill and have it referred to^Jie Committee on the Judiciary.
The bill (S. 3710) to regula-te lliterstate commerce in spiritu
ous, vinous, malt, and oilier intoxicating liquors, and for other
purposes* wffif’ reart twice by its title and referred to the CommitfCeon the Judiciary.
DEPARTM ENT
OF
H EALTH .
Ml*. OWEN submitted an amendment intended to be proposed
by him to the bill (S. 1) to establish a department of health,
and for other purposes, which was referred to the Committee
on Public Health and National Quarantine and ordered to be
printed.
PERSONAL PRIVILEGE.
Mr. PERCY. Mr. President, the leading article in the
Cosmopolitan Magazine for November, 1911, written by one
George Creel, is entitled “ What aro you going to do about it—
The carnival of corruption in Mississippi.”
The first paragraph of the article reads:
When ^Senator W illiam Lorimer looks? across to the Democratic
side, where Senator L b R oy P ercy sits in undisturbed respectability,
a wave o f resentment must surge up in his throat, for while both are
equally tarred out of the same barrel, the Mississippi Member is not
called upon to suffer any of the disgrace that lias been so thickly
piled upon the Illinois man.
The identical powers that decreed
L orimer ’ s election in Springfield, in 1009, ordered P ercy’ s election in
Jackson, in 1010, and there was likewise identity in method and
purpose.
If anything, the P ercy affair was even more shameful than
the L orimer election, for Mississippi’s legislators were debauched as
well as corrupted.
This indicates the tone of the article, which purports to give
an account of nty election to the Senate by the Legislature of
Mississippi in February, 1910, to fill a term expiring in March,
1913, and my deffc&t in the Democratic primary election, held
in Mississippi in August, 1913, to name a Senator to be elected
by the legislature which convenes in January, 3912, for the full
term following such unexpired term.
Every honest man fin public life who feels called upon to
make answer to calumny and slander, which has found its way
into the public press, :piust experience not,fonly a feeling of
bitter indignation at the brutal wrong doutj but of helplessness
arising from tlie knowledge that the lie will forever outspeed
tlie refutation of it, and. creep into a thousand places from
which, by ignorance, prejudice, or indifference, truth will lie
barred—he is face to face with the t/agic side of public life
in our country. Yet, for the sake of the friends who believe in
a man, and for the sake of those whjB come after him and will
bear his name, it would seem meet/and proper that he should
keep the record straight. Still, Invould be sorely tempted to
leave tlie vindication o f my character to time and to the testi
mony of those who know me and to permit to pass without
notice tlie article of an obs^hjL-e, venal, and characterless
muckraking magazine writer, inspired by no loftier motive than
the earning of a few pitiful dollars* written in reckless criminal
disregard of truth and proven facts, if such article reflected
upon me alone and was -Vouched for only by its unknown
author. There are two facts contained in the article, one,
that I was elected to the Senate by the Legislature of Missis
sippi; the other, that in tlie race to succeed myself I was over
whelmingly defeated in a popular primary. Around these two
facts are gathered a mass of falsehoods and slanders which
did not even tax tM inventive power o f the author, for they
are simply tlie stringing together—a rehash—of campaign lies
denounced on every stump in Mississippi, the falsity of which
had been proven ,by legislative investigation and court decision,
yet the article is prefaced by the following remarkable edi
torial note:
For years th # great State of Mississippi has been under the vicious
ban of political and legislative corruption.
The “ interests ” — the
Lumber Trust, Oil-Mill Trust, and the rest— have : had their will.
Thev have bribed the legislature, selected their own representatives
in State and Congress, debauched the Government.
Monev, whisky,
women— women with more legislative “ influence ” than scruples—
have been their ready tools. To-day the people are beginning to wake
up. The shackles are snapping.
The first fight in the open is won.
The story of it is a vivid object lesson to every American community
whose political life is at the mercy of corrupt money.
This note is not only an editorial indorsement o f tile article
which follows and which deals almost exclusively with my
election, but is a wholesale defamation o f the State o f my
birth and which I have the honor in part to represent here—a
State whose politics have been so singularly free from any cor
ruption by money or domination by improper influences, that it
has been a matter of pride to her people that while they have
had bitter political contests there has never been in her entire
history the charge made or the suspicion entertained by anyone
that in any single instance the election of a Representative or
D ecem ber
12
Senator had been brought about l>y corrupt influence or th
any Senator or Representative, when chosen, had ever been •
the slightest particular disloyal to the people who had elect^
him. Mississippi has sent to the Halls o fJCongress many n,
that tlie Nation has called great; she lias never sent one wh?
official honesty and loyalty have ever beet* questioned byhishn-6
terest enemy. Money has had no placejsn her politics.
that tlie possession of wealth by a candidate has alwaysX ('l^
......u : 4 o r y t e
>
fated against him. In all her politicalhh n a m e 0 V n A J .U sjssippi legislator was ever connected ith the word “ bribers'
-I iuery”
until the present lieutenant-governor-ofret entered the arena of
politics and became known as a bribetaker, and B ilbos name,
„ ,i with that
linked „ ,I H , t h o i infamy, nriii u o . ™«einbered long after Mis
will be r
sissippi has outlived the shame o
aving had him for ber
lieutenant governor.
Mr. President, until the editor [ the Cosmopolitan penned
this note, there had never been fo ad a muckraking writer S
r>
vile, so base, so utterly mendaciouslas to suggest or ehaiA,!1 So
ruption where there existed absolutely no- shadow of a founda
absoI"*~1
------ ‘ h
tion for such suggestion or charge
charges
tioii
In the face of this malignant find wanton defamation of a
proud State, silence on my part night be misunderstood. While
my State has crowned me with ntf laurel wreaths o f victory, but
put upon me tlie cross of defeat, it shall nevei he said that I
remained silent when her hoiMpr was assailed. 1 he Cosmopolitan magazine is commonly fcputed to be under the control
of William Randolph Hearst,Julian whom there is no more
radical reformer in private lij , although his name is associated, while a Member o f Con
ss, with uo reform measure, or'
for that matter, with uo m eagre o f any kind. As a statesman
o m eagre of any kind.
he is without a record—asipi mendacious muckralcer he is
without a peer. He has achieved the distinction or the infamy
according to the viewpoint, j3f having done more to undermine
and destroy the confidence osTtlie American people in their public
men and in their in s titu te s than any living man; has done
more than any other to build up that sentiment which holds
every prosperous man to lie “ a suspect ” —every public man to
be deserving of convict stripes. Eagerly contending for an no
vanced. place in connection with every reform supposed a» adto
be
influence. But, in reckoning the advantages and disadvantage
o f sucli an alliance, it should uever be forgotten that the bitted
malignant, and incendiary utterances o f this man caused him to
be held by the country morally responsible for the shots that
were fired into the bogy of William McKinley.
This article seems .to be one of a series in which this re
former proposes to cgtivincfe the American people of the neces
sity for the election J f Senators by a direct vote of tlie people
by demonstrating t # them that every Senator elected in any
- ---------- -----‘ mi in any
other way has beeqfcorruptl| and dishonestly elected, and this
nmi
without the slighter regard to tlie facts in any particular case,
The moral must b #j?drawn, ijhe appetite of the public for the
fed, although
sensational must ljf§ lea, aunougn in doing it. facts are distorts
it tacts
distorted
reputations destroyed, and cruel injustice inflicted upon honest
men.
|
Again, this article which holds up the State of Mississii
3iPpi
as an object lessen in debauched and corruption, which places
the brand o f inflftmy upon her present and past political historv
making of her .n thing to be despised and spat upon by holiest
men, is eageri^’ indorsed and vdpehed for in its entirety by
James K. Vardanian, Senator-elect from Mississippi, if i may
use that term to designate him, although it is not technically
accurate as lie is still only tlie nominee o f the Democratic Pnvt„
for .that iKisifcon.
The article is indorsed editorially b V The Issue, a small paper
which he edits as his personal organ fn Mississippi, in the fol
lowing language:
\
The Cosmopolitan Magazine for November, V is t issued, has a general
write-up of the late secret caucus in Mississippi, which is illnstvo+—
Mississippi.
However humble may be the authorship ofVhe article, being
godfathered by two such eminent publicists, ^ tru st that the
Senate will not feel that I am improperly trespsksing upon its
time in briefly discussing it. One of the crimes d ig g e d against
me in the article, and which was possibly reiterifed oftener
than a ay other in the recent campaign in M ississip p i's that I
made qommon cause with other aspirants for the SenatVagainst
Vardapian. As there is a modicum of truth in the clHjrge, I
will advert to it, although it might be dismissed with tlie’^tatement.that it has ever been the custom of the weaker candidates
for a position to make common cause against the leading can
didate. But there was a deeper significance in my willingness
1-911
CONGRESSIONAL RECORD— SENATE.
455
Mr. BRIGGS. I will say that this resolution simply provides at least, has undertaken hurriedly to act, to strip the House
fqr the transfer of an assistant clerk from the Committee on of Representatives of its authority under the Constitution, and
asks the Senate to disregard what has been done by the House,
Printing to the Committee on Public Lands.
Mr. CULBERSON. 1 speak merely formally to the resolu and has undertaken to take this matter out of the consideration
of the two Houses of the Congress and place it in the hands of
tion : I desire to make a statement on another subject.
M r. President, on the 4th o f December, 1911, a joint resolu himself and a partisan branch of the Congress.
Mr. LODGE. Mr. President, I did not suppose, after an ob
tion was introduced in the House of Representatives to ter
minate the treaty of 1832 between Russia and the United jection carried the matter over, that we were to enter upon a
States. On the next day I introduced an identical joint reso debate on this subject. But this much I should like to say. I
lution in the Senate, and on the seventh or eighth day o f the do not care to discuss it at length.
The President, in giving notice to a foreign government of the
montTk my resolution was referred to the Committee on Foreign
Relations, where it has since been. On the 7th of December termination o f a treaty, only did what has been done by his
the President sent to the Congress a message, in which he used predecessors on more than one occasion. Mr. Lincoln in 1864
notified England o f the intention of the United States to termi
this hinsuage:
nate the Rush-Bagot treaty of 1817-----By direction of the State Department, our ambassador to Russia has
recently be*u having a series of conferences with the minister of
Mr. CULBERSON. Mr. President-----foreign affanjg of Russia, with a view to securing a clearer under
The VICE PRESIDENT. Does the Senator from Massachu
standing and i&mstruction of the treaty of 1832 between Russia and the
setts yield to the Senator from Texas?
United States \ n d the modification of any existing Russian regulations
which may he nfcund to interfere in any way with the full recognition
Mr. LODGE. Let me finish my sentence.
of the rights of Am erican citizens under this treaty. I believe that the
After he had done it the two Houses approved his action.
Government of Ifkssia is addressing itself seriously to the need of
Mr. McKinley, in 1899, notified the Swiss Government of the
changing the p r e s e t practice under the treaty and that sufficient
termination o f certain clauses in our treaty with Switzerland,
progress has been ^teade to warrant the continuance of these con
ferences in the hope ?toat there may soon be removed any justification
and those clauses were terminated. He never asked for the
of the complaints of treaty violation now prevalent in this country.
approval of Congress at all, and he never received it, and
1 expect that immedrfcely after the Christmas recess I shall be able
Switzerland accepted the notice as final.
to make a further commmiication to Congress on this subject.
Mr. CULBERSON. Mr. President-----Subsequently, on Declfanber 13, the House of Representatives
The VICE PRESIDENT. Now will the Senator from Mas
passed joint resolution Jfe). 166, terminating that treaty, sent
it to this body, and it waslreferred to the Senate Committee on sachusetts yield to the Senator-from Texas?
Mr. CULBERSON. I ask the question rather reluctantly in
Foreign Relations, and has\een pending before that committee
view o f the apparent disposition not to yield. Still I will
for its attention and consideration.
Now, Mr. President, there vters a joint resolution sent to the ask it.
Mr. LODGE. I merely wanted to finish my sentence; that
Senate by the House o f Representatives terminating this
treaty by joint action o f the twoLHouses. That resolution was is all.
Mr. CULBERSON. Can the •Senator point to an instance
referred to the Senate C om m ittee'll Foreign Relations and was
being considered by the committee\vhen the President informs similar to this, where after one House had acted upon it the
us this morning by message that F has taken this question President took the matter out of the hands o f Congress?
re
Mr. LODGE. In the case of the Rush-Bagot treaty the
out of the consideration of the IIo u s& that he has placed it by
his act in the category of treaty action by the President and House passed a resolution in the year before, 1863, demanding
the Senate alone, and asks the Senate, in effect, to affront the the termination of the treaty. No attention was paid to it
House of Representatives and act upon tms important question either by the Senate or by the President. The following year,
as if the House had taken no action on thJLsubject and has no the House having done that, the President, without preliminary
concern with it. Here is the closing paragraph of his message authority from either House, gave the notice, and then both
of to-day, after stating that on the 15tli insn^pt he had given Houses approved it. Subsequently Mr. Lincoln withdrew the
notice without refei’ence to either House, and that treaty is the
Russia notice that this treaty was terminated?^
law o f the land to-day.
I now communicate this action to the Senate as a pa^t of the treaty
The President has entire authority to give that notice and
making power of this Government, with a view to its ratification and
approval.
to ask for the approval of Congress or the approval of the
I did not rise for the purpose o f doing more just noSs; than to Senate. He takes the view, which is held by very many of the
call attention to this anomalous condition of affairs, resetting to best judges, that the treaty-making power is entirely able to
myself the privilege of speaking further upon the merits
the terminate a treaty which carries with it no legislation, and
question if I see proper; and I do not now stop to inquire\ d iy the President did nothing unusual in this action.
The House having passed a joint resolution, and the joint
the President suddenly undertook to exercise the authoriW
claimed by him when for three years, since he has been Presi-* resolution being before the Senate and before the committee by
dent of the United States, he has been clothed with the same Wference, the committee felt that it was a matter of courtesy
authority with which he is now clothed and has heretofore jRjd comity to the House which had acted to act upon the joint
declined to act upon it, but I do submit to the Senate that a resofction, and the committee have accordingly done so.
I d&,,not care, Mr. President, to go further into this matter
decent regard for the House of Representatives, a decent respect
to a coordinate branch of this Government, ought to impel the
Senate not to act alone upon what the President has sent here,
hut it ought to take up the joint resolution which has come to
the Senate from the House of Representatives and act upon it
ffs it has been presented and not upon the message of the Exec
utive alone.
Mr. President, the President asks the Senate, not the Senate
find House—the message is sent to the Senate alone and not
to the two coordinate branches of the Congress—to ratify his
ffet, as he claims to he acting under the treaty-making power of
the Constitution, and leave the House of Representatives alone
RiKl without consideration at all. The joint resolution as re
ported by the Senator from Massachusetts concludes with the
paragraph I shall read.
The resolution as amended by the committee is not even re
sponsive to the message. It is not in accordance with the rec
ommendation of the President. He does not want the House
to consider the question at all. He asks the Senate, as a part
of the treaty-making power, to ratify his action and leave the
House alone; and yet the Senate committee presents a joint
resolution in .lieu of that presented by the House, in which it
Is said:
Be it resolved, etc., T hat the notice thus given by the President of
Jhe United States to the Government of the Empire of Russia to
terminate said treaty in accordance with the terms of the treaty is
Hereby adopted and ratified.
Mr. President, that is all I care to say now. I wanted to
invite attention to this singular and anomalous condition of
affairs, that the President o f the United States, strangely to me
458
CONGRESSIONAL RECORD— SENATE.
__________________ _ j j C
D
e c e m b e r
ig
By Mr. GALLINGER:
A bill (S. 3S54) granting an increase of pension to Jthoiuas
M. Jackson (with accompanying papers) ; to the Cfljinmittee
on Pensions.
By Mr. McLEAN:
/
A bill (S. 3855) granting an increase of pension tQ Joseph s
Spencer (with accompanying papers); to 'th e
mittee 0u
Pensions.
By Mr. NELSON:
A bill (S. 3856) relative to the establishment
Post-lantern
lights on the St. Croix River, including Lak
t. Croix
and Minn.; to the Committee on Commerce.
Resolved, That the Committee on Interoceanyr Canals is hereby au
A bill (S. 3857) granting an increase
pension to
thorized to have the testimony taken by meiajpers of said committee
upon the Isthmus of Panama during the receaB of Congress, with dia Yanderhorck (with accompanying papers)
the Conin
grams and exhibits, printed for the use of.jffne Senate, and that the
on Pensions.
necessary expense of the same and the necefsary traveling expenses of
By Mr. KENYON
the members of said committee who tookA-said testimony, from thenhomes to the steamboat and return, and #he necessary expense of the
A bill (S. 385S) for the relief of Ja
Coope, to the
stenographers who took said testimony, 5^'all be paid out of the contin Committee on Claims.
gent fund of the Senate.
A bill (S. 3859) for the relief of ,y[cob M. Confer; to the
The amendment was agreed to.
Committee on Military Affairs.
/
/
The resolution as amended wai f t greed to.
A bill (S. 3S60) granting an increase of pension t0 T a y lo r
Vance; to the Committee on Pensions.
J
REPORTS O F ^ O M M IT T E E S .
By Mr. BRADLEY:
f
/
Mr. WARREN, from the jpommittee on Appropriations, to
A bill (S. 3861) granting an increase of pqfrsion to Mary a
which was referred the bilW(H. R. 15930) making appropria
£
tions to supply urgent deli choices in appropriations for the fiscal H eflin (with accompanying papers) ;
A bill (S. 3862) granting an’ increase o# pension to Elijai
year 1912, and for other purposes, imported it with amendments
Cox (with accompanying papers) ; and
*
and submitted a report ip o . 145 Iff hereon.
A bill (S.
pension to Isaac R
Mr. SUTHERLAND, -prom thoJcommittee on the Judiciary, to Stone (with 3863) granting an increase
accompanying papers) ;
the Committee oii
which was referred t^e bill Gp 2750) to amend sections 90, 99, Pensions.
105, and ISO of an m t entyaed “ An act to codify, revise, and
By Mr. BRIGGS:
amend the laws renting w the judiciary,” approved March 3,
A bill (S. 3S64) for the relief o f Q u i# y O’Maher Gillmore- {
1913, reported it jpthou^amendment.
the Committee on Military Affairs. “
’ 0
Mr. CHILTOjJr, from the Committee on the Judiciary, to
A bill (S. 3S65) granting an ii
?ase of pension to Ellen
which was referred the bill (S. 1772) to amend section S39 of Fish Biddle; to the Committee on
insions.
the Revised jftatuteS, reported it with amendments and sub
By Mr. FLETCHER:
mitted a report GNo. 146) thereon.
A bill (S. 3866) for the relief
Anton W. Stumpe; to the
Mr. BR0WN, from the Committee on Patents, to which was Committee on Military Affairs.
referred-the bill (S. 3697) to compensate the commissioners to
By Mr. SWANSON:
*
revise .the statutes relating to patents, trade and other marks,
A bill (S. 3S67) for the reliefjbf the estate of Meredith ty
and trade and commercial names, for services rendered, asked Lane (with accompanying papers?) ; to the Committee on Claims*
to be discharged from its further consideration and that it
A bill (S. 3868) granting a pension to Rose V. Stoops (with
be referred to the Committee on Appropriations, which was accompanying paper) ; to the Committee on Pensions.
agreed to.
By Mr. BURTON:
B I L L S IN T R O D U C E D .
A bill (S. 3S69) to grant authority to the Inland Steamshin
_______
. _
Bills-vv-wr-e inti'odUQpT read the first time, and, by unanimous Co., of Indiana Harbor, I n ., to change the name of ti/„
steamer IF. R. Woodford to $ . F. Leopold; and
ond
consent, the second tinieTTtmt referred as follow s:
By Mr. OWEN:
A bill (S. 3S70) to grantLautliority to the Inland Steamship
A bill (S. 3842) to amend and reenact paragraph 24 of sec Co., of Indiana Harbor, and., to change the name of the
tion 24 of chapter 2 o f an act entitled “ An act to codify, revise, steamer Arthur II. Haicgofd to Joseph Bloclc; to the Committee
and amend the laws relating to the judiciary,” approved March oh Commerce.
3, 1911; to the Committee on the Judiciary.
$By Mr. CRANE:
A bill (S. 3843) granting to the coal-mining companies in
A" bill (S. 3S71) grafting an increase of pension to A. T.
the State of Oklahoma the right to acquire additional acreage IJodge; and
t
i adjoining their mine leases, and for other purposes; to the ComA bill (S. 3S72) grafting a pension to Georgianna Jennings
i mittee on Indian Affairs.
(with accompanying papers) ; to the Committee on Pensions
^ A bill (S. 3844) for the relief of Charles A. Davidson and
A bill (S. 3873) Mr the relief of Lewis F. W alsh; to t:
the
ACharles M. Campbell; to the Committee on Claims.
Committee on Military Affairs.
’ By Mr. KERN:
Bv Mr. DU PON T:
cm to Charles M.
A bill (S. 3S45) granting an increas*
A bill (S. 3874) granting an increase of pension to George A.
Baughman (with accompanying pa pi
the Committee on Coverdale;
Pensions: A bill (S. 3875X granting an increase o f pension to Gladys E.
*
Rodney; and
By Mr. CHILTON:
A bill (S. 3%16) to authorize a waiver of trial by jury in the
A bill (S. 3876) granting an increase of pension to Ben
district courts $f the United States; to the Committee on the jamin B. D. Derickson; to the Committee on Pensions.
Judiciary.
By Mr. O L IV E R :
A bill (S. SSllfeyfor the relief o f the Hurricane Baptist
A bill (S. 3877) granting an increase o f pension to Thomas M.
Williams (w ill accompanying papers) ;
Church, Hurricane, W vV a.; to the Committee on Claims.
A bill (S. 3848) grafting a pension to Mary R. McGwigan;
A bill (S. SS7S). granting an increase o f pension to Thomas
Riley (with -accompanying papers) ; and
to the Committee on Pelgions.
By Mr. WATSON:
A ‘bill (S/3S79) granting an increase o f pension to James II.
A bill (S. 3S49) for the reftfcf o f the legal representatives of Barrelle (with accompanying papers) ; to the Committee on
Paul McNeil, deceased; to tlie^gmmittee on Claims.
Pensions.
By Mr. LODGE:
By ifir. CLA PP:
A bill (S. 3850) to promote effl'®^ncy and economy in the
A bill (S. 3S80) granting a pension to Adoniram C. Harper
administration of the Navy DepartnaSS^; to the Committee on (with accompanying papers) ; to the Comnnttee on Pensions.
Naval Affairs.
By Mr. BOURNE:
By Mr. LORIMER
A bill (S. 3881) granting an increase of pensioi! to George M.
A bill (S. 3851) for the relief of James
Kingon; to the Jones (with accompanying papers) ; to the Committee on Pen
Committee on Military Affairs.
sions.
A bill (S. 3852) granting a pension to Melisi*. J. King; to
By Mr. McCUMBER:
the Committee on Pensions.
A bill (S. 3SS2) for the relief o f the legal representatives of
By Mr. GRONNA :
Jennie M. Hunt, deceased; and
A bill (S. 3853) granting a pension to Ursilla G. Underwood;
A bill (S. 3S83) for the relief of William H. Hayden; to the
to the Committee ©n Pensions.
Committee on Claims.
C O M M IT T E E O N IN T E E O C E A N IC
CAN ALS.
J
Mr. BRIGGS. I am directed, by the Committee to AujRt and
Control the Contingent Expenses of tbe Senate to report, with
an amendment, Senate resolution No. 155, submitted hjr the Sen
ator from Connecticut [Mr. B r a n d e g e e ] o n the 5th jpstant, and
I ask unanimous consent for its present cousidera^bn.
The Senate, by unanimous consent, proceeded to consider the
resolution.
£
The amendment of the committee was in hre 4, before the
word “ printed ” to insert “ with diagrams and exhibits,” so as
to make the resolution read:
"WUUflllLUlt
1L U I U . 1 ■
"
jTTTTnreTTFTTTTTT'S^'
I Tile S e c r e t a r y . In lieu of tlie words proposed to be inserted
i by tlie Committee on Foreign delations it is proposed to insert:
i
I
i
i
'
T hat the people of the United States assert as a fundamental prin- ;
ciple that the rights of its citizens shall not be impaired at home or
abroad because of religion ; that the Government of the United States
concludes its treaties for the equal protection of all classes of its
citizens, w ithout regard to religion ; that the Government of the U n i t e d ---------------------------States should not be a party to any treaty which discriminates, or
which by one of the parties thereto is so construed as to discriminate,
given tlie notice of tbe termination of tbis treaty. In giving it,
between American citizens on the ground of religion ; that the Gov
lie gave liis reasons— tlie reasons which he cho^e to give. This
ernment of Russia has so construed the treaty between the United
resolution ratifies the act of the President but gives the reasons
States and Russia, concluded at St. Petersburg December 18, 1832, as
which, if adopted, Congress chooses to give. Jfow, skipping the
entitling Russia to refuse on account of religion to honor American
passports duly issued to American c itizen s; that in the judgment of
reasons, it concludes in this way
the Congress the said treaty, for the reasons aforesaid and for others,
ought to be terminated at the earliest possible tim e ; that for the . that in the judgment of the Congress the said treaty, for the reasons
aforesaid reasons the said treaty is hereby declared to be terminated > aforesaid and foi\ others, ought to be terminated at the earliest possible
further force and effect from the expiration off one year tim e ; that for tlip aforesaid reasons the said treaty is hereby declared
and
-SENATE.
the substitute proposed by the Senator from Nebraska [Mr.
505
What is herebj\ ratified? The notice gigen by the President.
The reasons are riot ratified, nor are the/reasons a part of the
vvirrrr or Michigan. Mr. President, tne notice- »rren fer act.
\
/
tile Soerffii i ii
fitntA to the Russian Goyeruiifb’nt will, in my
Mr. STONE. M i President-----/
opinion, be nul 1
ilie'fr^fmd- superseded-the adoption of the
The VICE PRESIDENT. Does the Senator from Mississippi
amendment of the Senator ffonT ^Bfchraska. This resolution, if yield to the Senator*, from Missouri?
adopted, will go to thg.yJWSsident Uir'lVl^^^naTiy ^ ^aiid if he
Mr. WILLIAMS. \Certainly.
fails to sign it thp^rfftiative u u « .u j taken by him wtH be^atj
already
Mr. STONE. I should like to ask tlie Senator from Missisan end. I w
avoid delay, if possible.^ Action must be^takeil A^ippi if he does not tpink that if the resolution proposed by the
to-niglitpr^Eo-morrow, as we adjourn Thursday; and if that Senator from Nebraska should be agreed to here, and should
am<5nfnnent is to supersede and control the character of notice then be concurred in liy the House and be signed by the Presi
given bv the
J
-’
■’
*
T * ~iven dent, it would not in ^effect and in /fa c t be an abrogation of
ih ere being no objection, the Senate, as in Committee of the
this treaty by legislative action rather than a termination of it
Whole, resumed the consideration of the joint resolution (H. J. ient7 by notice under the provisions o f theJ treaty itself?
Res. 16G) providing for the termination o f the treaty o f 1S32 5lu.e
Mr. WILLIAMS. Not I do not. /
between the United States and Russia.
^
__
But
Mr. STONE. For thif resolution provides that this treaty
I "ani unwilling i W i n p£r ~flie~'Ux emit! ve at this stage hg an shall cease and determine and eiid at a date named in the
attempt to recast the notice already given, which, in my tfmnion, resolution.
\
|
answers the purpose for which Senators on both sides b f.th e
Mr. WILLIAMS. At aldate named by the President in the
Chamber are contending, namely, the first step in the nullifica notification given to Russia, “ which is hereby ratified.”
tion o f this treaty.
Mr. STONE. But the resolution says it shall be terminated
Mr. O’GORMAN. Mr. President, I wish to say but/a word. within one year after the\lst day of January. I f the Con
It is apparent that the Senator from Michigan is not? familiar gress passes that and tlie iPresglent signs it, it is an act of
with the closing line o f the amendment offered by t](e Senator Congress which terminates tne treat}', and the resolution merely
from Nebraska^ because in express, unequivocal kyiguage the indorses and affirms and consents to the action of the President.
notification already sent by the President is ratified by that
Mr. W ILLIAMS. That isW jfat the President has asked.
resolution.
/
Mr. STONE. But the Congress by an act of its own will
Mr. SMITH of lichigan. Yes; I listened attentively to the abrogate the treaty whether |Jie President gives the notice or
reading, but, Mr. ’ resident, if the Senator fyom New York not?
i
s
will permit me, it iS absolutely contradictory J It says it apMr. W ILLIAMS. No.
proves his course, bVt gives different reason^ for legislative
President-----Mr. SMITH o f Michigan,
action, which the President did not suggest In his notice.
The VICE PRESIDENT. -Do s the Senator from Mississippi
Mr. O'GORMAN. I should be glad to \\a.xf the Senator point yield to the Senator from Mie igan ?
out any contradiction iiXtke draft of the Resolution submitted
Mr. WILLIAMS. One word, hid then I shall take my seat.
by the Senator from Nebraska.
As far as the termination of\the treaty is concerned, the
Mr. SMITH of Michigan*, This amend/hent, if adopted here President of the United States, thfe Chief Executive of the coun
and passed by the House aiVl signed by /he Executive, becomes try, has given a notice to/ltussia* The only part of the Gov
the supreme law ; and is it contended for a moment that it will ernment o f the United States thatfeussia or any other country
not be the duty of the Executive to connnunicate that resolution knows or deals with officially, in a*i international sense, is the
to Russia? And if it is to bfe communicated to Russia, it is President of the United States. It%Congress did not act at all
to take the place o f the incomplete Notice heretofore given by concerning this matter, sp far as Russia is concerned, the nolice
the Secretary o f State.
o f the President o f thq/United States would be accepted as a
I think it is confusing, contradictory, and, in a sense, con termination o f the treaty.
demnatory of the President’s conn
Now, the President, jin performing \his act, has given a rea
Mr. O’GORMAN. I can not 1/iliWe that any Senator read son. The Congress o f the United Stites ratifies the act, but
ing the resolution offered by tile Senator from Nebraska can gives its own reason/ for ratifying it.\ The President, in the
discover any ambiguous phrasoAvliichVvill cause any confusion. diplomatic correspondence gave his reasbn for giving the notice.
It is clear and explicit and oppresses V ratification o f the un The Congress here g|ves its reason for fcitifying the act of the
authorized act, as suggested/by some, \f the President a few President, to wit, trie act of notification!
days ago. It makes that ajp; valid. Its\ alid ity is secured by
Mr. SMITH o f Michigan. Mr. President-----Mr. WILLIAMS. [ I now yield to the S&iator from Michigan.
the adoption o f this resolution
Mr. RAYNER. May I/a s k the Senator\from New York a
Mr. SMITH o f Michigan. I desire to risk the Senator from
Mississippi what would be the effect of tlidt President’s refusing
Question?
Mr. O’GORMAN. Certainly.
to sign this resolution after it had been passed by Congress—
Mr. RAYNER. Tlie gratification of an act i\ in legal effect, whether there wOfuld be any legal notice o%the abrogation of
this treaty that/ a foreign Government w^uld be bound to
Precisely the same as/an authorization.
Mr. O’GORMAN. /Undoubtedly.
respect?
I
„ \
Mr. WILLIAMS. So far as the nations of the world are con
Mr. RAYNER. l y is the same thing as if we Authorized it
cerned, the notice o f the President of the United States given
so far as the legal/effect is concerned.
Mr. SMITH of /lich iga n . Mr. President, if tlnk President for the termination of a treaty will be accepted by any other
should deem it tolGe inconsistent with the notice hitlArto given power. It is tfue that if the President assumed power which
«nd should return it with his objections, then our action will he did not possess Congress might deal with liim\by the method
nullify his notice and this entire matter will go over Vor two of impeachment or otherwise, but so far as the termination of
this treaty is Concerned, it would be terminated I f neither the
years instead of one.
*
I merely suggest that as a possibility, not that I knowvwhat House nor tlid Senate passed a line.
Now, the question is simply th is: Shall the Congress of 1he
his attitude will be, but having given the notice several \lays
ngo in the Janguage already employed by the State Departn\pnt, United States give any reasons at all or shall it s\mplv admit
I do not believe he will give further notice in the language of the reasons given by the President or shall it give ^ reason of
its own? It might simply ratify the act without a\y reasons
the amendment proposed by the Senator from Nebraska.
at all, but if it gives any reasons, ought not those reasons to lie
Mr. RAYNER. I do not think there is any trouble at
rather the reasons which Congress would give thanVnerely a
about the President signing this resolution if it passes. I
repetition of the reasons which the President has giv fc?
not believe we ought to have any uneasiness on that subject.
It is suggested that the objection which the Senator from
Mr. WILLIAMS. Mr. President, I think the Senator from
Michigan [Mr. S m i t h ] failed to catch the last sentence o f this Michigan has just made would apply to the other resolution
\
resolution. The President o f the United States has already ’ ust as much as to this.
H
it c h c o c k ].
r
i
sj
vi.
L
506
CONGRESSIONi
)H P — SENATE.
D e c e m b e r 19,
Mr. SMITH of Michigan. Certainly; but the committee
0
WARREN (when his name was called). I have a gen
lution approves his course and is not calculated to excit<
ii’ with the senior Senator from Louisiana [Mr. F o s t e r ]
hostility; this amendment goes further and employs brj
irefore withhold my vote,
language and is o f wider scope.
roll call was concluded.
Mr. STONE. No.
3TONE. My. colleague [Mr. R e e d ] /has telegraphed that
Mr. WILLIAMS. Wait a moment.
lavoidably drained from the Semite, and wishes to have
If it can be supposed that the President would vq$ the <
d that if present he would opposeliny amendment to the
one, then we would be left just as we would be leflfif he v<
resolution as ife^passed the Housqf but that if an flnieiulpassed simply modifvinor in r^
this. That is to say, the international status woum be the
But my contention is that the international iffatus woul
that o f the termination of the treaty.
Mr. STONE. Mr. President, I wish to maJfe this observi
for the thoughtful consideration of the Sjpate. I f the re
tion proposed by the Senator from NebrajfKa be concurred i
the House and be signed by the President it becomes a la
t ____...v. my coveaaue [Mr. Jones] is necessarily
the land, and notice to Russia would heunuecessary. B u t'
rrom the city.
\J
is no need of notice; there is no needFof ratifying the act o
President in notifying Russia, beo^mse by an act of Congress
Mr. MARTIN of Virginia. I Aesire to state that the Senator
we abrogate the treaty. It endsjj®y virtue o f the fact that we from Ohio [Mr. P omerene] wafs\mexpected1y called from the
make a supreme law declaring Jfiat at a certain time the treaty Senate about 30 minutes ago. ^lle Requested me to state that he
shall no longer be a law. Wetfepeal it in effect.
is in favor of the abrogation of tlXs treaty. He did not tell
But a Senator says a sid e y rit can not hurt.” Maybe it does me how he would vote as AetweenSfhe substitute resolution
not hurt; but we are not abrogating or terminating this treaty offered by the Senator from Nebrask\ and the resolution re
in pursuance of the treaty itself, by notice. The Congress of ported from the committee. I am, therefore, unable to state
the United States, without reference to Russia, without notify how he would vote on tb/s question, b u t^ e is in favor of the
ing Russia, because tjns notice becomes in a sense ineffective, abrogation of the treaty.;
abrogates the treatjyfff its own motion.
fesire to state t
Mr. FLETCHER.
y colleague [Mr.
Mr. W ILLIAM S.^W ill the Senator from Missouri pardon an B r y a n ] i s n e c e s s a r i l y jsent.
interruption?
M r . GORE.
I d e s ii
to announce that myVolleague [Mr.
.Mr. STONE. iCertainly.
O w e n ] i s n e c e s s a r i l y ibsent from the Senate.
He is in favor
Mr. WILLL^fcS. The observation just made by the Senator o f t h e a b r o g a t i o n of1
treaty, but I am unable \o announce
from MissouiVwould be absolutely correct but for one fact, and h i s c h o i c e a s b e t w e t the Hitchcock amendment aim the comthat is that m e resolution itself refers to the notification already i n i t t e o a m e n d m e n t .
given and >atifies it, and therefore-----Mr. JOHNSTON" of Alabama. I wish to state that my col
Mr. Sr
QONE. But the notice-----league [Mr. B a n k h e a d ] is absent. If present he would vote
Mr. WILLIAMS. Wait a moment.
in favor o f the abrogation of the treaty, but I do not know how
Mr. J5TONE. We do not need the notice.
he would vote on this question.
M jr WILLIAMS. Therefore it does not terminate the treaty
The result was announced—yeas 16, nays 54, as follows:
meetly by act of Congress, but by an act of Congress ratifying
Y E A S — 16.
jiH iotice given under the treaty and in accordance with the
WM1B T fr'MU'
T
i
The VICE PRESIDENT. The hour o f 7 o'clock having ar
rived, debate, by the order of the Senate, is closed. The ques
tion is on agreeing to the substitute offered by the Senator from
Nebraska, being an amendment to the amendment reported by
the Committee on Foreign Relations. _ ‘
---------- —...
*"STr. IIITCIICOT'k.'“ ‘ Oil Ilial qTIf?STion I ask for a roll call.,
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
/
Mr. D I L L I N G H A M (when his name was called). I transfer
the general pair I have with the senior Senator fiyni South
Carolina [Mr. T i l l m a n ] to the Senator from Montana [Mr.
D i x o n ] and vote'“ nay.”
Mr. THORNTON (when Mr. F o s t e b ’ s name \v:yfc a l l e d ) . My
colleague [Mr. F o s t e r ] is necessarily absent f i y h the city. He
h a s a general pair with the senior Senator frym Wyoming [Mr.
W a r r e n ].
Myers
O’Gorman
Poindexter
Rayner
Chilton
Clapp
Culberson
Hitchcock
Johnson, Me.
Kern
Lea
Martine, N. J .
Bacon
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Chamberlain
Clark, W yo.
Clarke, Ark.
Crane
N A Y S — 54.
Lodge
Crawford
Lorimer
Cullom
McCumber
Curtis
McLean
Dillingham
Martin, Va.
du Pont
Nelson
Fletcher
Newlands
Gamble
Nixon
Gore
Oliver
Gronna
Overman
Heyburn
Page
Johnston, Ala.
Penrose
Kenyon
Perkins
La Follette
Root
Lippitt
Bailey
Foster
NOT VO T IN G — 21.
Paynter
Smith, Md.
Taylor
W atson
W illiam s
Shively
Simmons
Smith, Ga.
Smith, Mich.
Smoot
Stone
Sutherland
Swanson
Thornton
Townsend
Wetmore
W orks
Stephenson
Gallinger
Percy
Tillman
Mr. GALLINGER (when his name w a ^ ca lled ). I have a Bankhead
Gardner
Pomerene
Warren
general pair with the senior Senator froiiLArkansas [Mr. D avis ]. Bryan
Guggenheim
Reed
Cummins
I f permitted to vote, I would vote “ naMT’
Richardson
Jones
Davis
Smith, S. C.
Owen
Mr. JOHNSON o f Maine (when Mr. G a r d n e r ’ s name was Dixon
called). My colleague [Mr. G a r d n e r ] is necessarily absent
So Mr. H i t c h c o c k ’ s amendment to the amendment of the com
from the city. He has a general'.jfilir with the junior Senator mittee wrs rojcctod.
................
from Delaware [Mr. E i c h a r d s o i j ^ If my colleague were pres
Tim Y T m PRUrnTTUTT T il |II'" T
V " " ” in r
ent, he would vote “ yea.”
amendment reported by the committee.
Mr. GUGGENHEIM (when^Lis name was called). I have-a
Mr. MARTIN of Virginia and Mr. LODGE,
general pair with the senioyRenator from Kentucky [Mr. Payn - yeas and nays.
t e r ] , who is unavoidably detained, and withhold my vote.
The yeas and nays were ordered.
Mr. McCUMBER (whim his name was called). I am paired
Mr. NEWLANBS. I offer a substitute for
committee
with the senior Senutmrfrom Mississippi [Mr. P e r c y ] , I trans amendment. It contains the recital in the resolution of the
fer that pair to the Jenior Senator from Iowa [Mr. C u m m i n s ] Senator from Nebraska [Mr. H i t c h c o c k ] ap<l leaves out the
and vote “ nay.”
provision terminating the treaty, substituting simply a ratifica
Mr. DU PONr
ll/(w hen Mr. R i c h a r d s o n ’ s name was called). tion of the notice.
The VICE PRESIDENT. The anjprfclment proposed by the
My colleague (Jar. R i c h a r d s o n ] is necessarily absent. He is
paired with the junior Senator from Maine [Mr. G a r d n e r ] . If Senator from Nevada as a substituj£ for the amendment of the
my colleague were present and at liberty to vote, he would vote committee will be read.
The S e c r e t a r y . It is proposed to strike out the preamble and
“ nay.”
Mr. SMITH of Michigan (when his name was called). I am all after the resolving clause^and to insert:
paired with the junior Senator from Missouri [Mr. R e e d ] . I
That tlie people of the Lotted States assert as a fundamental prin
desire to transfer that pair to the senior Senator from Wash ciple that the rights of i|bs citizens shall not be impaired at home or
abroad because of religion; that the Government of the United States
ington [Mr. J o n e s ] and vote. I vote “ nay.”
concludes its treaties for the equal protection of all classes of its citi
Mr. SMOOT (when Mr. S t e p h e n s o n ’ s name was called). I zens, without regard' to religion; that the Government of the United
States should n o t ^ e a party to any treaty which discriminates, or
desire to announce that the junior Senator from Wisconsin which by one of.4*he parties thereto is so construed as to discriminate,
[Mr. S t e p h e n s o n ] is paired with the junior Senator from South between American citizens on the ground of religion ; that the Govern
ment of Russia has so construed the treaty between the United States
Carolina [Mr. S m i t h ] . ___________________________________________
CONGRESSIONAL RECORD— SENATE.
1911.
and Russia, concluded at St. Petersburg December
as entitling
Russia to refuse on account of religion to
American passports
duly issued to American citizens ; that inAfa*? judgment of the Congress
the said treaty, for the reasons afoK»*fm and for others, ought to be
terminated at the earliest possiJRepfime; and therefore the notice given
by the President of the Unit£d>“
'J?tates to the Government of the Empire
of Russia to terminate s^itf'Rreaty in accordance with the terms of the
treaty is hereby adon£*frand ratified.
The VICE PJ&fc^JsiDENT. The question is on agreeing to the
substitute^gflroposed by the Senator from Nevada [Mr. New 10 ai-rxLU ^mpnt In [ h e
The VICE PRESIDENT. The question is on agreeing to the
committee amendment, on which the yeas and nays have been
ordered. The Secretary will call the roll.
The Secretary proceeded to call the roll.
Mr. DILLINGHAM (when his name was called). Again
nouncing my pair with the senior Senator from South Carolina
[Mr. T illm an ] and the transfer of that pair to the Senator
from Montana [Mr. D ixon ], I vote “ yea.”
Mr. THORNTON (when Mr. F oster’ s name was called). I
again announce the necessary absence from Washington o f my
colleague [Mr. F oster]. He has a general pair with the senior
Senator from Wyoming [Mr. W arren].
Mr. JOHNSON of Maine (when Mr. Gardner’ s dame was
called). \My colleague [Mr. Gardner] is necessarily absent
from the city. He has a general pair with the Senator from
Delaware [Mr. R ichardson]. If my colleague vtere present,
I am instructed to announce that he would vote “ yea.”
Mr. GUGGENHEIM (when his name was cal(jed). I under
stand that the\Senator from Kentucky [Mr. Paynter ], with
whom I have aXgeneral pair, would vote f o / the substitute
resolution. Therefore I shall vote. I vote “ y /a .”
Mr. McCUMBER ’(when his name was called). I understand
that my pair, the seizor Senator from Mississippi [Mr. Percy],
would vote in fayor Of the substitute resolution. I therefore
desire to record my vo£$. I vote “ yea.”
Mr. MARTIN o f Virginia (when Mr. POmerene’ s name was
called). The Senator fnkn Ohio [Mr. Pomerene] is unavoid
ably absent. I f present, he,would vote “ yc-a.” .
Mr. DU PONT (when Mr.. R ichardson’s name was called).
I again announce the pair o f my colleague [Mr. R ichardson]
with the junior Senator froiil Maine, [Mr. Gardner]. If my
colleague were present and auUiberty to vote, he would vote
“ yea.”
\
J
Mr. STONE (when Mr. R eed’ A name was called). My col
league [Mr. R eed] is paired witmdfhe Senator from Michigan
[Mr. S m it h ]. If my colleague wqre present, he would vote
“ yea.”
j \
Mr. SMITH of Michigan (wljen ffis name was called). I
again announce my pair with the Senhfor from Missouri [Mr.
R eed ], a n d transfer it to the Senator'from Washington [Mr.
Jones] and vote.
I vote “ y ea /’
Mr. SMOOT (when Mr. Stephenson’ s dame was called). I
again announce the pair o f tie senior Senator from Wisconsin
[Mr. Stephenson ] with the junior Senator fi\m South Carolina
[Mr. S m it h ].
agai
Mr. WARREN (when ms name was calledY I again annator
nounce my pair with the/senior Senator from Louisiana [Mr.
F oster] .
/
The roll call was concluded.
lanimity — ----Mr. GALLINGER. In view of the unanimity oK this vote,
Mr. President, I feel jit liberty to disregard my paii\with the
Senator from Arkansars [Mr. D a v i s ] , and vote “ yea.” \
Mr. JOHNSTON of Alabama. I wish to announce that my
colleague [Mr. B ai / k i i e a d ] if present would vote “ yea.” He
is necessarily detailed from the Senate.
^ Mr. FLETCHER. I desire to state that my colleague [Mr.
R py a n ] is necessarily absent. If present, he would vote “ yea.”
.
Mr. WILLIAMS. I wish to make the same announcement
concerning my Colleague [Mr. Percy].
Mr. GORE. I desire to make a similar announcement in ref
erence to my colleague [Mr. O w en ].
Mr. POINDEXTER. I should like to repeat the same state
ment in regard to my colleague [Mr. Jones] that I made on
the former vote.
The result was announced— yeas 72, nays 0, as follow s:
Bacon
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Chamberlain
Chilton
Clapp
Clark, W yo.
Clarke, Ark.
Crane
Crawford
Culberson
Cullom
Curtis
Dillingham
du Pont
Fletcher
Gallincer
Y E A S — 72.
Gamble
Gore
Gronna
Guggenheim
Heyburn
Hitchcock
Johnson, Me.
Johnston, Ala.
Kenyon
Kern
La Follette
Lea
Oliver
Overman
Page
Penrose
Perkins
Poindexter
Bailey
Bankhead
Bryan
Cummins
Davis
507
Rayner
Smith, Mich.
Root
Smoot
Shively
Stone
Simmons
Sutherland
Smith, Ga.
Swanson
Taylor
Smith, Md.
NOT V O T IN G — 19.
Paynter
Dixon
Percy
Foster
Pomerene
Gardner
Jones
Reed
Richardson
Owen
Thornton
Townsend
W atson
W et more
W illiam s
W orks
1 *\
Smith, S. C.
Stephenson
Tillman
Warren.
So the amendment reported by the Committee on Foreign Re
lations as a substitute was agreed to.
The VICE PRESIDENT. If there be no further amendments
the joint resolution will he reported to the Senafte.
The joint resolution was reported to the Senate as amended,
and the amendment was concurred in.
The amendment was ordered to be engrossed and the joint
resolution to be read a third time.
The joint resolution was read the third / m e and passed.
The VICE PRESIDENT. Without ob/hetion the preamble is
agreed to.
e x e c u t iv e
s e s s ia
Mr. OULLOM. I think we ought w have a 5 or 10 minutes’
>
executive* session. I move that the/Senate proceed to the consideratioirvof executive business.
The morion was agreed to, amhfthe Senate proceeded to the
consideration o f executive business. After 5 minutes spent in
executive sdtesion the doors were reopened, and (at 7 o'clock
and 25 miinVtes p. m.) the Serfate adjourned until to-morrow,
Wednesday, December 20, 191]/ at 2 o’clock p. m.
NOMINATIONS.
Executive nominations received T the Senate December 19,1911.
oy
U nitei^ Statics A ttorney.
Hilliard S. RiSgely, o f Wyoming, to be United States attor
ney, district o f \^yomi9fe, vice Timothy F. Burke, whose term
has expired.
n/ ted
States M arshal .
William H. Griivfcpaw, of Minnesota, to be United States
marshal, district oij\Minnesota.
(A reappointment, his tefm
having expired.)
Appointment^,
by
T ransfer,
in the
A rmy .
CAVALRY ARM .
Second L ie u t/ Francis\ R. Hunter, Twelfth Infantry, to ho
second lieutenant o f CavaVy, with rank from June 11, 1909.
IN IL tN T R Y
ARM .
Second Li aftt. J ° lin PullVan, Second Cavalry, to be second
lieutenant of/tnfantry, with V in k from June 11, 1909.
PromotionV
n the
COAST ARTHLLERY
A rmy .
CORPS.
Second Lieut. Augustus Nort\i, Coast Artillery Corps, to be
first lieutenant from December ite, 1911, vice First Lieut. Basil
G. Moon,|Yesigned December 15, V>11.
Promotion
in V u e
N avy .
Lieut.l (Junior Grade) Harvey Delano to be a lieutenant in
the N a w from the 20th day o f Oct<! ier, 1911, to fill a vacancy.
Postmastei
ALABAM A.
Cullman, Ala., in place
J o b / F. Sutterer to be postmaster
of William A. Heck. Incumbent’s con’ fission expired Decemher Ip, 1909.
C A L IF O R N IA .
San Mateo, Cal., in
TMoinas E. Byrnes to be postmaster
pla/e of Thomas E. Byr*es. Incumbent’s commission expired
February 12, 1911.
ettio L. Hefton to be postmaster at CoiWinga, Cal., in place
Nettie L. Hefton. Incumbent’s commission expired December
1911.
Margaret Dorothy Royce to be postmaster%it Pittsburg, Cal
place o f Nora Buchanan, resigned.
COLORADO.
Lippitt
Lodge
Lorimer
McCumber
McLean
Martin, Va.
Martine, N. J.
Myers
Nelson
Newlands
Nixon
O’Gorman
■ Milton E. Basher to be postmaster at OrdwaV Colo., in place
of Milton E. Basher. Incumbent’s commission Vxpires January
9, 1912.
Michael J. Guerin to be postmaster at Salida, Vlolo., in place
of Michael J. Guerin. Incumbent’ s commission exlnres January
23, 1912.
Frank II. Miller to be postmaster at Edgewater, (Yfio., in place
of Frank IP. Miller. Incumbent’s commission expir%l December
11, 1911.
V
CONGRESSIONAL RECORD— SENATE.
Thomas J. Stanley to be postmaster at Manzanola, Colo., in
place of Thomas J. Stanley. Incumbent’s commission expires
January 23, 1912.
David F. Strain to be postmaster at Palisades, Colo., in place
of David F. Strain. Incumbent’ s commission expired December
11, 1911.
Charles L. Todd to be postmaster at Rifle, Colo., in place of
Charles L. Todd. Incumbents commission expired December 11,
1911.
C O N N E CTIC U T.
James F. Holden to be poVtmaster at ForeStville, Conn., in
place of James F. Holden, 'incumbent’s commission expired
December 11, 1911.
Marjorie Moore to be postmaster at Kensington, Conn., in
place of Marjorie Moore. Incumbent’ s commission expired De
cember 11, 1911.
George A. Warner to be postmaster at Bristol,Conn., in place
of George A. Warner. Incumbent’s\ommission expired Decem
ber 18, 1911.
ID A H O .
Albert Langdon to be postmaster at \uliaetta, Idaho. Office
became presidential October 1, 1911.
John M. Repass to be postmaster at ^tathdrum, Idaho, in
place of John M. Repass. Incumbent’s coruinission expired De
cember 11, 1911.
Edward Waring to be postmaster at EnmieV, Idaho, in place
of Edward Waring. Incumbent’s commissioi\expired Decem
ber 11, 1911.
IL L IN O IS .
August J. Beger to be postmaster at Nauvoo, l \ , in place of
August J. Beger. Incumbent’s commission expires\Tanuary 22,
1912.
Daniel A. Campbell to be postmaster at Chicago, IlV in place
of Daniel A. Campbell. Incumbent’s commission expired De
cember 11, 1911.
John G. Carson to be postmaster at Melrose Park, Y ll
place of John G. Carson. Incumbent’s commission expir
eember 11, 1911.
William Clemans to be postmaster at Mansfield, 111., in
of’ William Clemans. Incumbent’ s commission expires Jamf^ry
.13, 1912.
Andrew M. Corbus to be postmaster at Oglesby, 111., in pla
of Josiah R. Bent, resigned
William A. Hutchinson to be postmaster at Oak Park, 111., in
place of William A. Hutchinson. Incumbent’s commission ex
pired December 11, 1911.
August Kalbitz to be postmaster at Red Bud, 111., in place of
August Kalbitz. Incumbent’s commission expired December 1
1911.
Joseph B. Messick to be postmaster at East St. Louis, Ilk /in
place of Joseph B. Messick. Incumbent’s commission expired
December 11, 1911
Earle D. Riddle to be postmaster at Le Roy, 111., in $Iace of
John Haig, resigned.
Thomas D. Shipton to be postmaster at Hanover, Hf, in place
of Thomas D. Shipton. Incumbent’s commission expires Jan
uary 23, 1912.
Harry E. Spear to be postmaster at Polo, Hf., in place of
Harry E. Spear. Incumbent’s commission expjffes January 13,
1912.
Allen II. Webster to be postmaster at Cu#a, 111., in place of
Allen II. Webster. Incumbent’s commission expires January
29. 1912
George P. Wilson to be postmaster ai^Orion, 111., in place of
George P. Wilson. Incumbent’s comjjaission expires January
31, 1912.
IN D IA N A
Henry T. Hardie to be postmaster at Anderson, Ind., in place
o f Thomas L. Dehority. In c u n ^ n t’s commission expired De
cember 11, 1911.
Albert G. Lundquist to be postmaster at Indiana Harbor, Ind.,
in place of Albert G. Lundquist. Incumbent’s commission ex
pires January 27, 1912
Elery B. McDonald to jb e postmaster at Lagrange, Ind., in
place of Elery B. McDonald. Incumbent’s commission expired
December 11, 1911.
James Pickering t ” e postmaster at Oxford, Ind., in place
Incumbent’s commission expires January
o f James Pickerin
12, 1912.
Charles W. Il/iggs to be postmaster at Sutherland, Iowa, in
December^9*R ill W ' B n sss‘ Incumbent’s commission expired
D e c e m b e r 19
Eric P. Da lander to be postmaster at Madrid, Iowa, in place^.
o f Eric P. Dalander. Incumbent’s commission expired Deceprber 18, 1911.
James Ellickson to be postmaster at Thompson, Iowa Dm
ice
became presidential October 1, 1911.
Charles A. Reynolds to be postmaster at Harlan,. Iowa, in
place of Charles A. Reynolds. Incumbent’s commission expired
January 31. 1911.
Caleb II. Wickersham to be postmaster at West Branch, Iowa
in place of Caleb H. Wickersham. Incumbent’s Commission ex
pires January 22, 1912.
/
KAN SAS.
/
George H. Leisenring to be postmaster At Ellis, Ivans., jn
place of George II. Leisenring. Incumbptit’s commission ’ ex
pires January 22, 1912.
/
J.
Frank Smith to be postmaster at/Pleasanton, Kans., in
place of J. Frank Smith. Incumbent’^commission expired De
cember 11, 1911.
LO U ISIA N A
Mary Nixon Allen to be postmaster at Franklin, La., in place
of Mary Nixon Allen. Incumbenjrs commission expired Decem
ber 12,'1911.
George W. Whitworth to beCiostmaster at Jeauerette, La., in
place of George W. Yfhitworthf Incumbent’s commission expired
February 7, 1911.
' M A IN E .
George L. Thompson tsf be postmaster at Brunswick, Me., in
place of George L. Thompson. Incumbent’ s commission expires
January 29, 1912.
/
Forest L. Waterma* to be postmaster at Mechanic Falls, Me.,
in place of Forest
Waterman. Incumbent’s commission ex
pired December 18/1911.
M ASSACHU SETTS.
Paul It. Brids^nan to be postmaster at Ware, Mass., in place
of Paul R. Bryigman. Incumbent’s commission expires January
13, 1912.
/
Clara S. B ill 'to be postmaster at Amherst, Mass., in place
of Clara Sf Hill. Incumbent’ s commission expires January 20,
1912.
/
Thomas A. Hill to be postmaster at Georgetown, Mass., in
place of Thomas A. Hill. Incumbent’s commission expired De
cember 10, 1911.
Lsfeter E. Libby to be postmaster at South Hamilton, Mass.,
r
in Aflace: of Lester E. Libby. Incumbent’s commission expired
Member 10, 1911.
Charles Newhall to be postmaster at Danvers, Mass., in place
'o \ Charles Newhall. Incumbent’s commission expires January
2<\l912.
pies J. Smith to be postmaster at Stockbridge, Mass., in
p la c lo f Agnes J. Smith. Incumbent’s commission expires January\0, 1912.
E lh'.M . Ward to be postmaster at Millers Falls, Mass., in
place
Ella M. Ward. Incumbent’s commission expired Deeember
1911.
Edwin' ’. Wyer to be postmaster at Woburn, Mass., in place
o f Edwin' — Wyer. Incumbent’s commission expires January
29, 1912.
M IC H IG A N .
Charles Bidwell, jr., to be postmaster at Tecumseh, Mich., in
place of Char\s Bidwell, jr. Incumbent’s commission expires
January 9, 191?
Charles L. Do\le to be postmaster at Marine City, Mich., in
place o f CharlesvL. Doyle. Incumbent’s commission expired
December 11, 191l\
Colin C. McGregc\ to be postmaster at Carsonville, Mich., in
place of Colin C. McGregor. Incumbent’s commission expired
December 18, 1911.
George Preston to fie postmaster at Grass Lake, Mich., in
place of George Prestoi\ Incumbent’ s commission expires Jan
uary 20, 1912.
IIN N E S O T A .
William Kaiser to be posmnaster at Faribault, Minn., in place
o f William Kaiser. Incumb^R's commission expired December
11, 1911.
Thomas Kingston to be postmaster at Bovey, Minn., in place
of Loren D. Lammon. Incum b^^s commission expired Decem
ber 9, 1911.
Charles LI. Latterell to be postn?fister at Foley, Minn., in place
of Charles H. Latterell. Incumbei\s commission expires Janu
ary 23, 1912.
Henry C. Miller to be postmaster a\ St. Peter, Minn., in place
of Henry C. Miller. Incumbent’s commission expired December
11. 1911.
CONGRESSIONAL RECORD— SENATE.
1912.
0 0 ; to
during tho Indian wars and campaigns from 1865 t
the Committee on Pensions.
(B y request.) A bill (S. 4443) providing for the-’ retirement
o f noncommissioned officers, petty officers, and engpsted men of
the United States Army, Navy, and Marine Cofips, and for the
efficiency o f the enlisted personnel; to the CsSsmittee on Mili
tary Affairs.
(B y request.) A bill (S. 4444) to imngPve the standing of
honorably discharged soldiers, sailors, JBnd marines, Regulars
or Volunteers, in obtaining civil-servigirpositions; to the Com
mittee on Civil Service and Retronc-wient.
A bill (S. 4445) to direct the UpEmissioner of Navigation to
list as rebuilt unrigged vosselsyifnd to prescribe what shall be
considered a rebuilt u n r i g g e ^ ^ s e l; to the Committee on Com
meree.
By Mr. OVERMAN
A bill (S. 4446) tqgfflflSvide for completing the lighting and
marking with aids ijif navigation o f Cape Fear River, N. C .;
to the Committee 0 r Commerce.
By Mr. LA IB II l ETTE :
A bill (S. 444 1 ) granting an increase o f pension to James
McNeil (w ith accompanying papers) ;
A bill 0 0 4448) granting an increase of pension to Sallie
Ann Brafffey (with accompanying papers) ; and
A bill (S. 444!)) granting an increase o f pension Jo Michael
O’Brien (with accomprtnyiiig papers) ; to tho Cointnlttee on
Pensions.
By Mr. OWEN:
A bill (S. 4450) to enable the Secretary o f the Interior to
carry out the provisions of Article VI of the treaty between
the United States and the Navajo Nation or Tribe o f Indians,
proclaimed August 12, 1S6S, and for other purposes; to the:
Committee on Indian Affairs.
By Mr. BOURNE:
.rci i «sr-» \
A bill 'fS- 4451)' to authorize tlio constrmlibn of a road in
Crater Lake National Park, Oreg., and to appropriate $100,000
for the commencement thereof; to the Committee on Appropria
tions..
LEVEE PROTECTION OF T H E M I S S I S S I P P I RIVER.
Mr. W ILLIAM S introduced a bill (S. 4353) to aid in con
struction o f lei'ees and embankments on the east side of the
Mississippi River in Warren, Jefferson, Adams, and Wilkinson
_
Counties, in Mississippi, which was read twice by its title
referred to tile Committee on Commerce.
Mr. WILLIAMS. In connection with the bill I preseygF'a
memorial of the Legislature of the State of Mississippi .jffid a
memorial of citizens o f Mississippi, which I ask may bepfrinted
i n the R e c o r d and referred with the bill to the Cou$*ftttee on
Commerce.
There being no objection, the memorials were JSprerred to the
Committee on Commerce and ordered to b^. ..(printed in the
R ecord,
as
fo llo w s :
H istory of the east hanlc of the Mississippi R 4 0 r from Vicksburg to
Bayou Para, with reference to levee protection, etc., and memorial
and petition to the President and Congrese0Pf the United States.
contents . -Jr
p L A resume of the condition of thjSptast bank from Vicksburg to
nayou Sara before the advent of the gffcvation of the flood line of the
Mississippi River in 1890.
JU
J* Losses and damages sustainegpfiy the elevation of the flood line,
•
ill- Ostracism by the Mississippi' River Commission from levee pro1 TV and the statistics of thjgPterritory.
_ on
iv. The efforts of the peopledafid the appeal made to Congress, thence
jeierred to the Mississippi Ri#r Commission, arid their denial by that
U v for lack of authority hf law.
04
V The memorial of the jpississippi State Legislature to Congress.
VI. The answer and lawTrt of the Mississippi River Commission to
■ ^laemorial of the Mitj^ssippi State Legislature.
(1 TIT The appeal of
association, to the President and Congress of
the United States.
Chapter I.
A RESUME of th e
RAYOU SARA BE
TINE OF THE
DITIONS OF THE EAST BANK FROM VICKSBURG TO
r THE ADVENT OF THE ELEVATION OF TIIE FLOOD
a
SSIPPI RIVER IN 1S90.
. Before the *
■
ation of the Mississippi River levee system, dating
ginning ________ . the 21,000 inhabitants dwelling in
ft?. real activ.
_____ „ in 1883,
ai *s territory fisi- a distance of 200 miles from Brunswick, Miss., just
’ icksbiijffir. to Bayou Sara, La., enjoyed an immunity from over
r ,® °i the Nfississippi River for a long period of years.
J
P V quote » e language of the Mississippi River Commission : “ The
] .o
U-A, on pf; the general flood levels which has resulted from the ex
tension of m e le v
the levee system in recent years subjects those lands to
----- —
per
than thev — subject to formerly or would be subject
Deeper overflow th a~__ „ were io now if +i,„ levee system wer- - - - in existence.” (See Mississippi
vS
to
the i„vee S tem were not 9no7 ,
‘ S ttT S » ™A
as
r
™t‘‘usS?1 n5
l
Bayous Macon and Tensas, and on by the Ate a
3« .
riparian
Gulf of Mexico and if they ever reached the lands oi eastern riparian
banks in volume to overflow them they were speedily reduced by crevasses on the west bank, which allowed them to escape into the basins
841
at%ve mentioned and thus relieved the lands of the eastern riparian
ba% s
:e are seven basins on the east bank in the territory mentioned,
they contain:
492, 000
Arearaf seven basins____________________________ acres__
Area In cultivation prior to 1890_________ ________ do-----100, 000
Annua production of cotton prior to 1890________ bales—
50,000
Value W annual export productions prior to 1890-------------- $2, 000, 000
Populawm prior to 1890________________________________
2 1 , 00 G
(Repat 1894-95. See report Mississippi River Commission, Vicks
burg lev® district.)_
A comparison of 'two 20-year periods will tell the story of the in
crease of overflows, to wit:
From 1 * 7 to 1890 there were 3 overflows.
From 18®0 to 1910 there were 12 overflows.
While th«e is no record anterior to 1870, nor memory of any over
flows, affectah' in any wise the production of crops in this territory.
In 1907 th&re were 3 overflows in the Rodney district.
Chapter II.
LOSSES AND DOTAGES SUSTAINED BY TIIE ELEVATION OF THE FLOOD LINE.
In the years\ 1890, 1891, 1892. 1893, 1897,' 189S, 1S99, 1903, 1904,
1906, 1907, 19(®, and 1909 the flood waters flowed these lands, and
the crops thereo»liave been destroyed, and the live stock drowned, and
the buildings ana fences and other improvements undermined and
washed away, anengthe drains and ditches filled up, and the soil washed
off, and the lands %>vered with superinduced additions of water, earth,
sand, and gravel, % as to render them unfit for cultivation, and to
practically destroy weir value, causing not only millions of loss to the
owners but to the ammerce of all riparian towns on tho cast bank
from Vicksburg to Blwou Sara.
We earnestly invoki^mur attention to the fact that these losses and
damages are not only Individual but public, crippling the commerce of
this territory to a men%ing degree.
Chapter III.
O S T R A C IS M
BY THE M lS J ^ fe s iP P I RIVER COMMISSION FROM LEVEE PRO
TECTION AND Tlfe STATISTICS OF THIS TERRITORY.
>Some of our friends, bc®i in and out of Congress, who have been
ehjoying the benefit of the %vee system for 25 years have censured the
beople on the east bank fror® Vicksburg to Baton Rouge for not having
inaugurated levee building C l the east bank at the time the great
&
activity in levee building commenced. The reasons they did not so
build are not far to seek, andljjheir justification lies in the archives of
the Mississippi River Commiss%n. A few extracts from which are as
follows:
The river commission announced in the very beginning that to levee
the east bank from Vicksburg nwn to Baton Rouge would not in
the judgment of the commission ^ntribute toward the “ improvement
of navigation.” On page 213, Hdttrings before Senate Committee on
Commerce, May 12, 1890, the famo&s engineer, Capt. Smith S. Leach,
testifying before the committee as
the plans, policy, and scope of
the Mississippi River Commission sail
‘‘ The Government has never cons&ted to contribute, the commis
sion has never allowed itself to contrt&nte, one cent toward the buildiiik of a levee that did not materially wstrict the flood escape.
“ There are certain small basins, filings as they may be called.
Is that contain a very small
overflowed country near the High
area, and we can afford to let each fiO G fill them once. The darnas
O
caused by allowing each flood to fill thd*%)asin once is less than the
cost of leveeing it.
Page 69, same hearings, Maj. Ilarrod, £f%nember of the Mississippi
River Commission, testifying as to the plaits* policy, and scope of the
commission, testifies :
&
“ Senator W ashburn . I s the river leveed offeboth sides of the river?
Maj. H arrod. It is leveed on one side, ti®: right bank, the entire
way. It is leveed on the other bank from Baton Rouge down. The
levees do not extend above this point, becaus^tbe hills are in such
close proximity as to serve as levees.
These two authorities show that, in the intere^Bof “ navigation,” the
Government deliberately doomed the lands on ' m e east bank to be
placed in the channel of the river in times of h
iafti water. Although
the aggregate area of the seven basins was 492,000|sacres, of which in
cultivation prior to 1890, 100,000 acres, and annuataoroduction of cot
ton thereon, 50,000 bales, and a value of export (products prior to
1890 amount to $2,000,000, and a population of 21SFK) souls. (See
Report Mississippi River Commission, Memorial Vicks&urg Levee Dis
trict, Report 1894-95.)
The people on the east bank, having full knowledge ofisdiese decisions
of the commission, would not tax themselves to build ad®xtensive line
of levees, because without Government control and assistance they
could not secure cooperation between individual owners alfcto strength
and grade of levees; hut the extraordinary height of the apod line in
1890, 1891, 1892, and 1893 stung the people to appeal to GJmgress for
relief. A great convention was held, which issued a memorial to Con
gress. Delegates were appointed, hearings before all the comajittees in
Congress having to do with river matters were had, and thes§||congressional committees, over the individual signatures of their afembers,
recommended to the Mississippi River Commission to allot all tln^jnoncy
they could to the afflicted territory. (See Mississippi River ComlSSssion
Report 1894-95.)
This memorial, backed by the indorsement of the several congres
sional committees, was duly presented, and on June 24, 1894, the1^'
mission thus responded :
‘‘ But the commission is convinced after mature consideration that
it is not within its jurisdiction, under the powers vested in it bv b L
r&
-.--
-n —
f n v o rn ih r .n n c O /ii,( m U „ l
, r -
allotments of money for the construction of levees wherever their use
fulness in the prevention of overflow will justify the cost, and not
elsewhere (See Report Mississippi River Commission 1894-95, n. 2713.)
And although petition after petition since that date has been pre
sented to them, in which it was shown that the riparian owners in
districts petitioning had already taxed themselves to build levees, the
commission has steadfastly refused to contribute $ 1 to the protection
of the east bank: and in their very last utterance, of July 30, 1910,
thev adhered to the position taken way hack in 1882, and announced
that thev must have specific authorization before they could, under the
law build levees on the east bank. (See Report of Mississippi River
Commission, 1910, pp. 2937, 2938.)
.
Thus is shown the continued and complete ostracism inflicted upon
this territory by the commission, as far as assistance to build levees
was concerned.
842
CONGRESSIONAL RECORD— SENATE.
But yon may say. Why did we not build a system of levees ourselves
and w ith ou t the aid o f the G o v ern m en t?
First. Because the experience of all the other levee districts on the
river, both north and south, before the Government took over the con
trol of the disconnected levees and levee hoards and organized them into
one grand system, directed by the skill of its ablest engineers and
hacked by its millions of finance and clothed with the authority of
law, showed that the attempt to control overflows by local independent
levee hoards and planters, some rich and some poor, some engineers
Intelligent and others incompetent, was whollv futile, unless directed
by a centralized authority. In evidence of this, we call your kind
attention to the following tables, showing conditions prevailing just
prior to the active control of the United States Government and while
under the levee boards then existing:
The crevasses of 1882, numbering_______________________________ 284
Those of 1883, numbering_______________________________________ 224
Those of 1884, numbering_______________________________________ 204
But after seven years of Government supervision and direction, from
1883 to 1890 (in which period there were no high waters), the number
of crevasses in the levees during the great flood of 1890 were reduced to
23. (See hearings before Senate Committee on Commerce, p. 46.)
Second. The effect of* the Government control and perfection of the
levee system as a whole in those seven years raised the flood line to
such an unexpected height (instead of the promised lowering) that the
task of building levees then was beyond the financial resources of the
people on the east bank, without the aid of Government, which aid wa3
sought and persistently refused.
In support of these statements they herewith present the memorial
of the Vicksburg levee district, presented to the National Congress
March 8 , 1894, and now on file in the office of the Secretary of War.
(See Report "of Mississippi River Commission, 1894-95.)
C hapt er IV.
CALL ON WAR DEPARTMENT IN CASE OF W. S. HANKINSON, NO. 18619.
The claimant moves for a call upon the above-named department for
the following information and papers, deemed necessary for the due
presentation of this cause :
A copy of the memorial of the Vicksburg Levee District to the Mis
sissippi River Commission, together with the request for a considera
tion thereof by the House Committee on Rivers and Harbors, and the
House Committee on Levees and Improvements on the Mississippi River
and its Tributaries, dated March 10, 1894, and the indorsement of the
Senate Committee on Improvements of the Mississippi River and its
Tributaries, dated March 13, 1894, and that of the Senate Committee
on Commerce, dated March 17, 1894, together with the reply of the
commission written at New Orleans, June 29, 1894.
C i ia s . & Wsi. B. K in g ,
A tto r n e y s
'for C l a im a n t s .
Allowed October 8 , 1897.
THE
M E M O R IA L OF T IIE V IC K SB U R G LEVEE D IS T R IC T TO T H E
.
R IV E R C O M M IS S IO N .
S. J. P.
M IS S IS S IP P I
G e n t l e m e n of t h e M is s is s i p p i R iver C o m m is s io n : The Vicksburg
Levee District, created bv an act of incorporation on the 7th day of
February, 1894, by the Legislature of the State of Mississippi em
braces, for the location of levies:
U
First. A territory in Warren County beginning at Brunswick, 18
miles above Vicksburg, and extending southward to Yazoo River.
Second. A territory in Warren County beginning about 15 miles
below Vicksburg and extending southward about 12 miles to Hayseville, on Okl River.
Third. A territory in Jefferson County beginning at Rodney and ex
tending southward to Coles Creek, about 9 miles.
Fourth. A territory in Adams County beginning about 3 miles below
Natchez, at the St. Catherines Creek, and extending-fo the Gregory
plantation, about 8 miles.
Fifth. A territory in Adams County, beginning at Ellie Cliffs and
extending southward to the Briers plantation, about 4 miles.
Sixth. A territory in Adams County, beginning at Winnview and
extending southward to the Alloway plantation, a distance of 0 miles.
Seventh. A territory in Wilkinson County, beginning near mouth of
the I-Iomochltto River and extending 2 miles southward.
Eighth. A territory in Wilkinson County, beginning at the hills on
the northern boundary of the Langside plantation and extending south
ward to the site of the former residence on T&rbert plantation, a dis
tance of lp miles; all of which is more particularly described in the
accompanying maps herewith filed.
This territory, beginning at Brunswick and extending southward
about 185 miles to the southern boundary of the State of Mississippi,
on the thirty-first parallel of latitude, lies between the hills and river and
contains seven separate and distinct valleys or basins united in one
levee district, to be controlled and governed by commissioners selected
from each county.
The total length of levee line to beffiuilt or enlarged is 00 miles, and
the total number of cubic yards required to build said levees will be
about 1,950,000, and we estimate the*cost of the same to be 8350,000.
We most respectfully present to your honorable body the following
memorial:
The area of this alluvial territory is.about 492,000 acres of land, of
which about 100,000 acres is arable land. Prior to 1882 the produc
r
tion of these lands amounted to 50,000 bales of cotton per annum, not
to speak of its grain, hay, and potato crops. If protected by the pro
posed levees, the above productions would be largely exceeded.
The assessed value of these lands prior to 1890 amounted to from
$16 to $20 per acre for the arable land and $5 to $6 per acre for the
woods land. Since 1890 the assessments have been reduced to $5 and
$6 for the arable land and $ 1 per acre for the woods land from the
causes hereinafter mentioned. The market value of these lands pro
tected by levees would be $2,500,000 at the present prices prevailing
for their products. The average annual products produced prior to
1S90 amounted to $2,000,000. The population is about 21,000 souls.
Prior to 1882. for a long period of years, the reach of territory on
the east bank enjoyed exceptional immunity from the effects of the flood
of the Mississippi River. We append the sworn statement of citizens of
Wilkinson County, In the levee district, touching the history of the
flood referred to, as affecting alluvial lands in said district. (Ex
hibit A.)
And it has only been since the great activity in levee building and
the confining of 40 per cent more water at flood stages to the channel
than formerly, and more particularly the very large additions to levees
to the north and west of this territory superimposed upon the State
and local levee, and the general perfecting of the whole line to the
Jan u ar y h
north and west by the Government for the improvement of “ navioand the promotion of the interest of commerce.” that this territm-, >
!0a
suffered to any material degree from the effects of floods. Thus i as
the beginning of 1882 we have suffered seven overflows in the in S n°e
f
years. We respectfully submit that it is the consensus of onini!/,St 12
experience of the alluvial inhabitants of this district that sineo »and
the flood line has been raised from 2 to 3 feet over its area liio-m,
in former years.
gner than
Such was the confidence of the inhabitants in the inununi tv
overflowing enjoyed by this district that even up to 1890 thev to , 0IU
consider that the river problem affected them, ayd when in the f , n°t
ing years they were forced to understand thaffr the conditions IO
Jlo'vriver were revolutionized along this reach th o g F ability to protect°n tlle
selves by building levees had been paralyzaH by the repeated
from overflow.
jjS T
disaster
The evidence of increased elevation o£«be flood line is suDDort
the reports of the engineers under j^ifr honorable body and i,
by
report of your honorable body itstelfjgHVe respectfully refer tn ,
of 1892, page .3187, and report of l&Bti. page 3560.
*
rePort
The loss to the inhabitants of litis territory by the last four
flows, especially the last two, caJfflRl by this increased Hood lino°T<
'r'
impoverished them. Immediate relfcf is the pressing need.
ue aus
In the last two years alone tfjjre have suffered a complete destrn «•
of crops. From estimates oL.jwTmbltants of the various countin'' *
total amount of loss is
at least, in the period ment? Ilfi
from the causes mentioned^?
L10ned
We submit that every tetee district, on the river between Mem
and the Gulf, on both b*££s, has received aid and assistance but ?v??s
one, and, while resultintftVn benefit to the districts protected has i ais
clearly at the ruinous $«fiense of this district.
’
Deen
Your honorable bodjMias reported, in report of 1893, page 3500 ti
“ undoubtedly greaimpl.eights will occur when a still larger pronnpu
of high-water disehsjtrgc is controlled between levees.” That this 1 1 ) 0 1 1
trol of the high-water discharge has been rapidly increased th a t'U 1
'
sum of $ 1«500.Q v is being spent in this present year to effect ei,object, and thafc-mill further sums are allotted for this object fm- '/ I s
succeeding yea®? in every district but this district compels the W - e
sequence thqLfjFne lands in this territory on the cast, bank will rec\Ca*
greater danispb and its inhabitants bo plunged into deeper distress tv/V
°
ever, unles^Syour honorable body will grant our petition and allot
sum ask»®rer to protect this district.
1 ‘ he
The claim that we prefer resis upon the strong ground of Justice
equity. .-The people are not able to protect themselves by construct!^
new lej#es or repairing the old ones, and the conditions impose ,,Vns
the Uwfted States the highest obligation recognized by sovereigntio ° n
th e ,Moral duty to protect this territory from further disaster fk—*
floo4I of the Mississippi River. While the Government, National Iorn
St-ago. may absolutely appropriate or impose a servitude on nrlv11/11
Mpperty, the Constitution imposes upon the right of eminent dormjh condition that individual property shall not be taken nor nut
ally injured without making full compensation. That principle h *
jeon interpreted by the Supreme Court of the United States to noruS
to the deterioration of the value of use by the flow of water or tv
deposition of sand or other material caused by the erection of mob •
works.
*
fluniic
We insist that the principle thus liberally interpreted by the FerW
judiciary shall be applied for the benefit of this territory. We bn
not asked for a moneyed compensation for the damage done our / h
trict, but we do petition your honorable body, as the agents o n i
officers of the United States, to place our district in statu quo wi/i
other districts, and for that purpose that you allot to our district /u
sum of $350,000, and that work thereon be ordered to begin the c 6
suing summer to the end that the inhabitants of this district receive
character of compensation which contributes a degree of benefit to tia
improvement of navigation and the promotion of the interests
commerce, as well as to the inhabitants of the district.
We append the statement of steamboat owners of the lower rivo
and a letter from the president of the Anchor Line showing the on
vantage to commerce of this beneficent work.
(Exhibit C.)
' ,lu’
We append maps of all of said districts, except the map from Bruno
wick to Vicksburg, which is now in the hands of your engineers
1*
S
B. We ask a distribution of the sum, as follows :
For north Warren County---------------------------------------- -----------$125 onn on
For south Warren County--------------------------------------------For Jefferson County__________________________________
go’ onn- /J
”
27’ 666 w
For north Wilkinson County___________________________
For south Wilkinson County (Langside crevasse)_______
7 ’ rA ' 1 *
27’ 000 00
For*Adams County---------------------------------------------------------------
Total------------------------------------------------------------------And wo ever pray.
8
l ’ onn rm
35l7l66?67
Respectfully submitted.
H. F. S imrall ,
John F. J enkins ,
D e le g a te s fr o m
th e
V ic k s b u r g
L evee
D i s t r i c t , M a r c h 8, iso/,
Washington , D. C., March 10, 180!,.
We respectfully request that the Mississippi River Commission take
the accompanying memorial into careful consideration and render such
aid to the district interested as they can.
u
The equities presented seem to us strong enough to justify the com
mission In allotting a portion of the funds under their control to the
protection of the district, and we hope that they will do so. The mat
ter being for the present beyond congressional treatment, we can onlv
recommend that the commission take the matter in hand, which we
most respectfully do.
e
N. C. B lanchard.
A. Cam minetti ,
C h a irm a n ,
T. C. Catchixgs ,
K. II. Clarke,
Chas . H. Page,
P. D. McCulloch, Jr.,
T iios . J. H enderson.
C o m m ittee
L yman E. Barnes,
J ohn E. Reyburn,
B inger Herman,
W. A. .Jones,
C. H. Grosvexor,
S. M. Stevenson,
on Rivers and Harbors
of
th e H o u s e o f R e p r e se n ta tiv e s.
The undersigned members of the Committee on Levees and Improve
ments of the Mississippi River respectfully request the favorable action
of the Mississippi River Commission on the foregoing memorial of the
Vicksburg levee district. Wc think that they present a strong case for
1912.
CONGRESSIONAL RECORD— SENATE.
This, Mr. President, in my judgment,- is to be a year*of Demo
cratic success, of Democratic victory./ It makes no particular
difference who my party may nominate as its standard bearer
so long as he is an honest, true, and? upright man; the toiling
masses of this Nation will rally to his standard. The con
servative Republicans will lend him aid and support to sweep
from power the high priests of plptocracy, the oid standpat
high protectionists that to-day control the destinies of this
Nation.
M
r
Mr. President, I long to see that day arrive. I long to see
the day, sir, when the people offtliis Government shall come
into their own, when the Senate
the United States shall heed
the voice of the people, honestljf soberly, and deliberately ex
pressed, when the people of tb||: Government may have some
voice in its management and cMitrol, when the people of this
Government may have restore® to them that form o f govern
ment intended to be vouchsafe!?to them by the fathers, a plain,
| simple, honest Government, rijp in the interest, not o f one class
5 of our citizenship alone, buigpn the interest o f the great ma| jority, having for its motto, i f The greatest good to the greatest
inumber.”
( Sir, when that day shaljfcome, then will I be willing, like
Simeon of old to say, “ O, Jibrd, having seen Thy glory, let Thy
irvant depart in peace.”
Mr. President, I ask tin S' the bill which I have presented may
be printed, omitting the Ij fie, as a part of my remarks, and that
it be referred to the Coi jnittee on Agriculture and Forestry.
.’lie PRESIDING Ol iCER (Mr. B bandegee in the chair).
Ii| the absence o f obj<
that order will be entered,
introduced by Mr. D avis January 3,
len ate bill No. 41(
19®. is as follow s:
t it shall be unlawful for any person, assoit enacted, etc.,
„ i of persons, c
<
•ation or association of corporations, being
in ally State, Territo
district, or country of the United States of
A meis[ca, d; vectly or
rectly, to deliver, receive, or transmit, or to
direcSy or indirectly
interested in or to aid the receipt, or delivery
for liffinsmission, or
be directly or indirectly interested in, or to
aid tlsfe transmission nto any other of said States, Territories, districts,%)r countries
into any foreign country whatever, by means
of the snail, telegra
telephone, or other device or means, private or
public,
ny intellig’ ce, information, message, letter, card, writing,
device, ymbol, sigr representation, picture, design, cipher, or other
means v
tsoever
ereby intelligence, information, or understanding
may be
ed
other person, association of persons, corporation or
borporations or for their, or any of their, use
or benefit’
use and benefit of any other person, association
of perso
u or association of corporations, relating to or
in any r
ruing any transaction or contemplated, suggested,
or pro
tra
ction whose true intent and effect may be to
gamble
, or contemplates the speculating and gambling as
to the
price of any product of the soil of any country
commonly ,
S or
'
known as “ buying futures ” and “ selling
futures ” : 'j
led, That bona fide sales, and delivery according to
contract, slia.,
jt subject the parties to such transaction or proposed
transactions t
he penalties of this act: A n d p ro v id e d fu r th e r , That
transactions
proposed transactions to so speculate or gamble shall
not be affecte
this act, if at the time of such transaction or pro
Posed transac
file particular product of the soil of any country
Whose mark*
e in future being the contingency upon which the
parties have
used to or have gambled or placed their margin had
not been for
next preceding, the subject of commerce between
any States, 1
ies, district, or countries of the said United States,
nor of any c
named States, Territories, district, or countries,
lies thereof, and any foreign country or countries
or of any o®i:he
°r the peop
ies thereof.
Sec. 2 . 't$at this a
shall be liberally construed by the courts, the
intent being to embr
and comprehend the commercial crime comP on y call® and know i as “ buying futures ” and “ selling futures ”
the soil, of whatever country, the subject of
‘,’ 5
or aMy products
commerce fu any part
the world and between whatever countries;
is moftnt to p
‘rohibit\any and all transactions or proposed trans
actions _ circulated to or intended to further speculation and gambling
a:: r} ° thejfuture market pi\eo of any such products.
TTn-fCi
That it shall be \nlawfui for the postal authorities of the
vmted Spates of America tcCi-eceive for transmission, whether properly
i
cot, any letter, c%rd, or other thing mentioned in section
ettrd.
:h\unla\vful letter, card, or thing shall be
„ f ot this a ct; and if any suclD,ir....................
' any postal officer, postmaster, clerk,
‘icy Jtime in the custody
“ unlawful,” filed in a piaco
the same shall
locked, under the supervision of the proper postmaster, and
'
ace to the district attorney of the
f its possession given at
II the matter to the attention of
states having authority to
___ _
_ F
master General shall make and
per grand ju r y ; and the ...
all appro pi
i’iate rules to give-affect to the provisions of this
851
any period not less than 5 nor more than 15 years for each separate
offense.
Sec. G That any corporation violating any of the provisions of
.
section 1 of this act shall, for each unlawful act, forfeit and pay to
the United States of America not less than $10,000 nor more than
$100,000, to be recovered at the suit of the said United States, one-lialf
of which shall be adjudged to and allowed to any person who may
give information which may lead to judgment against the offending
corporation. And in the event any person may give in writing such
information to the Attorney General, supported by affidavit, accom
panied by the certificate or any clerk of a court of record of anv
State, district, or Territory of the said United States, of of any clerk
of any United States court, that such affiant is personally known to
such clerk to he a person of probity and veracity, and thereafter if
the said Attorney General shall, for 90 days, fail, neglect, or refuse
to cause proper suit to be instituted against the corporation so alleged
to have offended against the provision of this act, shell informant or
affiant may petition the President of the United States, stating the
fact under oath, and thereupon the President, if deemed necessary,
may appoint a .special attorney whose duty it shall be at once to
institute such action and prosecute it with all reasonable diligence to
final judgment.
Sec . 7. That all laws and parts of laws in confl^it with this act he,
and the same are hereby, repealed and that this .set take effect from
and after its passage.
INSURANCE LAWS OF THE DISTRICT
Ot
COLUMBIA.
Mr. GALLINGER. I ask unanimous consent for tlie present
consideration of tlie bill (H. R. 12737) to amend the Code of
Law for the District; o f Columbia regarding insurance.
The Secretary redd the b ill; and there being no objection,
the Senate, as in Committee o f the Whole, proceeded to its
consideration. It proposes to amendjf section 640, chapter 18,
Code o f Law for the District o f Colombia, by inserting, after
the semicolon in line 20,. the words “ Imd such other information
as said superintendent may require" so as to read:
Sec. 646. Duties of superintendent^etc.— It shall be the duty, of
said superintendent to see that all laws of the United States relating to
insurance or insurance companies, be®§fit orders, and associations doing
business in the District are faithfuilj- executed ; to keep on file in his
,cas^aby> live-stock, credit and maturity companies or associa„
om” .'msmess in the District; and before any such insurance cornorder shalRbe, licensed to do business in the DisiFl”
Sha" me with said superintendent a copy of its charter, declara
tion or organization, or articles of incorporation, duly certified in ac
cordance; with law by the insurance commissioners or other proper
omcers ot the Statu, Territory, or nation where such company or asso
ciation was organized; alsoja certificate setting forth that it is entitled
to transact business and sjgsumo risks and issue policies of insurance
therein, and such other ingsrmation as said superintendent may require ;
and if its principal office is located outside the District it shall appoint
some suitable person, resident in said District, ns its attorney, upon
-
may he served upon U e superi
jp
Columbia; and the teles for filing with the superintendent such papers
as are required by tins section shall be $ 1 0 , to be paid to the collector
of taxes, and no other license fee shall lie required of such insurance
companies or associations except as provided in sections 654 and 655
of this subchaptei£
Said superintendent shall : have power to make
such rules and regulations, subject to the general supervision of the
commissioners, njst inconsistent with law, as to make the conduct of
each company i # the same line of insurance conform in doing business
in the District,:;?
The bill was reported to the Senate without; amendment, or
dered to a third reading, read the third time, and passed.
AMENDMENT OF IMMIGRATION LAWS (S. DOC. NO. 2 5 1 ).
Mr. OVERMAN. Mr. President, on April 10, T911, I intro
duced a-bill (S. 385) to further exclude undesirable Immigrants,
improve conditions on immigrant vessels, and raise 'funds for
the proper enforcement o f the immigration laws. Thih.liill, to
gether with other bills of a similar character, is now pending
befopo the Committee on Immigration. I ask that resolutions
and. views of governors of the Southern States, also an editorial
from the Mississippi Farmers’ Union Advocate, likewise an edi
torial from the Manufacturers’ Record, o f Baltimore, Md„ and
some short hearings taken before the Committee on Immigra
tion, House o f Representatives, copies of which are now ex
hausted, be printed as a document and referred to the Com
mittee on Immigration.
The PRESIDING OFFICER. Is there objection to the re
quest of the Senator from North Carolina? The Chair hears
none, and it is so ordered.
h\
4. That any officer of the Post? Department aforesaid, postclerk, carrier, or other person aaVing the lawful possession of
RECALL OF THE JUDICIARY (S. DOC. NO. 2 4 9 ),
„ - . wicU- letter, card, or other thing, as tnentioned in sections 1 and
" offtliis act. and shall, knowing the unlawful character of said letter,
Mr. LODGE. I move that the Senate proceed to the consid
«• or tiling, deliver the same to whom a^lressed or to any person
;
' ui v
ever, except as provided in section 3 of Ah is act, shall be subject eration o f executive business.
Mr. CHAMBERLAIN. Mr. President-----to indictment, and. upon conviction, shall be fifed in any sum not less
,$loo nor more than $ 5 ,0 0 0 . and shall be adjudged to be removed
Mr. LODGE. I will withhold the motion if the Senator from
t-fom office and from the employment o f The IYjstal Department, and
thereafter shall not be eligible to hold any ofii6 ^ of trust or protjt Oregon desires to make a request.
Mr. CHAMBERLAIN. I desire to have printed in the
under the laws of the United States of America.
v
\
Sac. 5. That any person who shall violate the provisions of thlfc R ecord an address delivered by the Senator from Oklahoma
o * any of them, except as provided in sections 3 and 4, shall be
l
subject to indictment for a felony, and upon conviction shall be 'f-Mr. O w en ] on the judicial recall before the State Bar Associa1
adjudged to be punished by imprisonment in the penitentiary for timNQf Oklahoma a short while ago.
.
. CONGRESSIONAL RECORD— SENATE.
The PRESIDING OFFICER. Is there objection? The Chair
hears none, and the order will be entered. The Senator from
Massachusetts moves-----Mr. HEYBURN. One moment, Mr. President. I should like
to inquire-----The PRESIDING OFFICER. Does the Senator from Massa
chusetts withhold his motion?
Mr. LODGE. Certainly.
Mr. HEYBURN. I rise to a question that would be privi
leged. I rise to inquire under what rule the speech of some
private citizen, delivered on som~ private occasion, can be
printed in the C ong ressional R ecord unless it is read as a
part of the discussion or by some Senator? I know of no such
rule, and I should like to have the Chair direct me to it.
The PRESIDING OFFICER. The Chair does not think there
is any such rule, but it was done by unanimous consent.
Mr. LODGE. Such speeches are usually printed as docu
ments, I think.
Mr. CHAMBERLAIN. I do not care to ask to have that done.
Mr. HEYBURN. That would be much more appropriate.
Mr. LODGE. I think that is the better way.
Mr. HEYBURN. It is much more appropriate to print such
speeches as documents than it is to print them as a part of
the proceedings of this body, because they are not a part of
the proceedings of this body, either directly or indirectly.
Mr. CHAMBERLAIN. Mr. President, if the Senator desires
to have me read it, I w i l l do so and insert it in the R e c o r d .
I have that privilege; but I simply desired to save the time of
the Senate by asking that it be printed
Mr. HEYBURN. Well, Mr. President, it is a saving of time
at quite an expense. Would it not be quite sufficient to print
the speech as a public document?
Mr. CHAMBERLAIN. I have no objection at this time, then,
to having it printed as a public document.
The PRESIDING OFFICER. And not in the R ecord?
Mr. HEYBURN. I think I sh a ll o b je ct, w hen present, h ere
Ja n u a r y u
amended the resolution, leaving the control in the hands of cvn
This question has been debated by the conferees since the extra
and after many meetings representatives on each side have been i S
1°n>
to offer concessions which would he acceptable.
ullablo
Mr. President, in view of the fact that the Senator fMassachusetts has the floor, I am not going to discuss n®
question, but in order that those who are anxious to attend **
funeral may not prepare with indelicate haste, I want to «
gest that the joint resolution is not dead, nor is it about to'
We will, I venture to prophesy, before this session of Coffer, ’
closes, pass this resolution in some form, so that the .pe °SS
will have an opportunity to pass on it in their next legis/it,1 r> °
° 1
There will be quite sufficient of life in it to satisfy tfte researnest before a great while.
!
lost
HOUSE BILLS REFERRED.
/
The following bills were severally read twice by ill
eir titles
and referred to the Committee on Commerce;
PI. R. 13112. An act authorizing the construction/of a bridge
M
and approaches thereto across the Tug Fork of Big Saudx
R iv er;
H. R. 1410S. An act to authorize the city o f /unneapolig, jn
the State of Minnesota, to construct a bridge aqfoss the Missis
sippi River in said c ity ;
/
H. R. 14109. An act to authorize the city ol Minneapolis, iu
the State o f Minnesota, to construct a bridge Jicross the Missis
sippi River in said city;
/
H. R. 14110. An act to extend the time fa? building a bridge
aci'oss the Mississippi River at Minneapolis Minn.;
H. R. 14111. An aut to extend the timqf for constructing a
bridge across the Mississippi River at Mmneapolis, Minn.;
I-I. R. 14125. An act to authorize the/construction, mainte
nance, and operation o f a bridge across^lie Little River at
near Lepanto, A rk .;
PI. R. 14944. An act authorizing the ^instruction of a bridge
across the Connecticut River, in the State of Connecticut
between the towns of East Haddam and Pladdam;
a ft e r to th e p rin tin g a s a part o f th e d a ily R ecord o f any m an ’ s
H. R. 15781. An act to authorize m e Aransas Harbor Ter
rem arks, however em inent he in ay be, th a t a re n ot d eliv ered in minal Railway to construct a bridgp across Norris and Cum
this body.
mings Channel; and
/
Mr. CHAMBERLAIN. Mr. President, I beliqve I shall insist
IP. R. 15920. An act to authorize/the board of county com
that it be printed in the R ecord. That course has often been missioners for Beltrami County, 3£iun., to construct a bridge
across the Mississippi River.
followed.
Mr. HEYBURN. I object, then.
MISSOURI RIVER BRIDGE AT SIBLEY, MO,
Mr. CHAMBERLAIN, Then, I will ask permission to read it,
The VICE PRESIDENT laid Jbefore the Senate the amend
Mr. President.
' Mr. HEYBURN. I have no objection to that, and I will ment of the House of Representatives to the bill (S. 4006) to
amend an act entitled “An act / o authorize the construction of
listen to it with pleasure.
The PRESIDING OFFICER. The Senator from Massachu a bridge over the Missouri River at or near Sibley, in the State
o f Missouri,” approved July p , 1884, which was, on page 2,
setts has the floor and has yielded temporarily.
Mr. LODGE. I yielded to the Senator from Oregon to make line 4, after the word “ constructed,” to insert “ maintained and
operated.”
f
a request, but I did not yield for a speech.
Mr. STONE. I move that the Senate concur in the amend
The PRESIDING OFFICER.
The Senator withheld his
me i ion for a moment. The question is upon the motion of the ment o f the House of Representatives.
The motion was agreed to.
Senator from Massachusetts.
EXECUTIVE SESSION.
Mr. CHAMBERLAIN. I thought the Senator had yielded
to me.
Mr. LODGE. I renew my motion that the Senate proceed to
Mr. LODGE. I did, to make a request. I did not suppose it the consideration of executive business.
was to be a speech.
The motion was agreed to, and the Senate proceeded to the
Mr. CHAMBERLAIN. I do not care to make a speech, Mr. consideration of executive business. After 20 minutes spent in
President.
executive session the doors were reopened, and (at 3 o’clock
The PRESIDING OFFICER. The Chair understood that the and 55 minutes p. m.) the Senate adjourned until Monday,
Senator from Oregon proposed to read the address now..
January 15, 1912, at 2 o’clock p. m.
Mr. CHAMBERLAIN. Then, Mr. President, I request, as the
Senator from Idaho does not object to that, that the address be
GENERAL ARBITRATION TREATIES.
published as a Senate document.
Tiie PRESIDING OFFICER. Is there objection to that re
During the consideration of executive business, on motion of
quest? The Chair hears none, and it is so ordered.
Mr. L odge, the injunction of secrecy w a s removed from the
proposed resolution of ratification of the general arbitration
____
ELECTION OF SENATORS BY DIRECT VOTE,
treaties with Great Britain and France, signed on August 3,1911,
Mr. BORAH. Mr. President——
which w a s ordered to be printed as a document. (S. Doc. 98,
The PRESIDING OFFICER. Does the Senator from Massa pt. 3.)
chusetts yield to the Senator from Idaho?
Mr. BORAH.- Just for a moment.
NOMINATIONS.
Mr. LODGE. Yes.
Mr. BORAII. Mr. President, it is one of the maxims of news Executive nominations received t>y the Senate January 11, 1912,
gathering that you must go away from home to find out what
,
P rom otion i n t h e A r m y .'
has happened. I read a dispatch in a far western paper to this
CORPS OF ENGINEERS.
effect:
E L E C T IO N B IL L F A IL S .
Second Lieut. Robert S. A. Dougherty, Corps of Engineers, to
W ashington , J a n u a r y J,.
All hope of agreement between conferees of the two Houses of Con be first lieutenant from October 4, 1911, vice First Lieut. Charles
gress on the resolution providing for election of United States Senators R. Pettis, promoted.
hy direct vote of the people has vanished. The conferees have reached
the conclusion that an agreement would he impossible, and a report to
that effect is expected next week. The difference between the House
and Senate conferees is based on a question of congressional super
vision. As passed by the House the resolution placed the control of
senatorial elections in the hands of the State legislatures. The Senate
P en s io n A gent .
Jesse B. Fuller, of California, to be pension agent at San
Francisco, his term expiring January 14, 1912. (Reappoint
ment. )
HAND-ROLLER PROCESS--- SAMUEL GOMPERS.
Tl?e VICE PRESIDENT laid before tbe Senate a communi
cation from Samuel Gompers, tlie president of tbe American
Federation of Labor, transmitting a copy of resolutions adopted
‘ that body, petitioning that the “ hand-roller ” process in the
manufacture of currency, etc., be not discontinued by the
Government.
Mr. HEYBURN. What is this document?
The I ICE PRESIDENT. The Secretary will again read the
synopsis.
The Secretary. A communication from Samuel Gompers,
president of the American Federation o f Labor, transmitting
S< [\ C()l)y of resolutions adopted by that body petitioning that the
“ hand-roller ” process' in the manufacture of currency, and
so forth, be not discontinued by the Government.
Mr. IIEYBTJRN. What is it doing in the Senate?
The VICE PRESIDENT. It is addressed to the Vice Presi
th dent as President of the Senate, and the Vice President there
fore lays it before the Senate. It is practically a petition.
EECOED— SENATE.
1057
_
States shall be manufactured in the highest style of the art by what
is known as the hand-roller process. We do not believe in a cheap
country, cheap men, cheap wages, or a currency cheapened to the
danger point of encouraging counterfeiting. In fliis respect the people
have implicit confidence in their Government, and our pride and interest
alike demand that this confidence shall not be destroyed. The people
in the last analysis are the Government, and ttpiir voice, and not that
of the selfish and scheming interests, should pifevail in this matter of
so vast, far-reaching, and vital concern ; and lie it further.
“ R e s o l v e d , That copies hereof be transmitted/to the President of the
United States, the Secretary of the Treasury, the President of the
Senate, and the Speaker)of the House of Representatives with a request
that the same be printecnin the Congressional R ecord.”
The convention approved the- above, and in ^conformity with the con
eluding paragraph thereof I have the honor transmit the matter to
you, v.’hich I trust may ceive your favorab consideration.
Very respectfully, urs,
tf Saml. Gompers,
csid en t A m c r itp n F e d e r a tio n
of
L a bor.
Mr. HEYBURN. Mr. president, just a word. It seems to
i u s k ior m e y e a s u n u . u a j o
*.—
me that we have possibly discovered a sjblution to an embarrass
Mr. President.
ing situation which existsXin both political parties. Mr. Gom
The yeas and nays were ordered, and the Secretary proV pers has been vindicated s\ thoroughly and indorsed so highly
ceeded to call the roll.
J by both sides that it might be that iff it is found that he is or
Mr. WATSON (when his name was called). I have a general will become a citizen of the nited Stjates and declare to which
the solution of the conventions,
pair with the senior Senator from New Jersey [Mr. B r i g g s ] , party he belongs he may
to as* the Senator from Idaho
Mr. BACON. I should
which I transfer to the senior Senator from Oklahoma [Mr.
if he does not recognize that ny map, whether he be a citizen
w e n ] and vote.
I vote “ yea.”
or not, who is in this country ,nd subject to its laws and within
The roll call was concluded.
f pe/ition?
jurisdiction, has
Mr. TAYLOR (after having voted in the affirmative). I am itsMr. HEYBURN. the right
er is no such l a w . It i s a
Oh, no;
paired with the Senator from Kentucky [Mr. B r a d l e y ] . A s he citizen of the United States wf
jhay petition.
is not present, I withdraw my vote.
Mr. BACON. That is not th
Mr. JOHNSTON o f Alabama. I have been requested to an
Mr. LODGE. Oh, no; Mr. P1 ident------nounce that the junior Senator from Connecticut [Mr. M c L e a n ]
Mr. BACON. I will read the lw.
is paired with the senior Senator from Arkansas [Mr. C l a r k e ] .
Mr. LODGE. The Constituti
is perfectly plain.
It is
The result was announced—yeas 67, nays 3, as follows :
the people o f the United States....
YEAS— 67.
Mr. HEYBURN. Yes. The ^constitution was made before
Smith, Ga.
Martine, N. J.
Cummins
the Government.
Bacon
Curtis
Myers
Smith, Md.
Bailey
Mr. BACON. The first amen<fmd|it to the Constitution of the
Smith, Mich.
Bankliead
Dillingham
Nelson
United States is in this language
Borah
Dixon
Newlands
Smith, S. C.
6
Bourne
Bristow
Brown
Bryan
Burnham
Burton
Chamberlain
Chilton
Clapp
Clark, Wyo.
Crawford
Culberson
Cullom
du Pont
O’Gorman
Fletcher
Oliver
Overman
Gamble
Gardner
Pago
I’aynter
Gronna
Penrose
Hitchcock
Johnson, Me.
Perkins
Poindexter
Johnston, Ala,
Pomerene
Jones
Rayner
Kern
Reed
Lodge
McCumber
Shively
Simmons
Martin, Va.
NAYS— 3.
Heyburn
Gallinger
NOT VOTING— 21.
Lorimer
Gore
McLean
Guggenheim
Nixon
Kenyon
Owen
La Follette
Percy
Lea
Richardson
Lippitt
Smoot
Stephenson
Stone
Sutherland
Swanson
Thornton
Tillman
Townsend
Watson
Wetmore
Williams
Works
Congress shall make no law reslectiifc an establishment of religion
or prohibiting the free exercise mereofl or abridging the freedom of
speech or of the press, or the right of th\ people peaceably to assemble
and to petition the Government fir a reck-ess of grievances.
Mr. HEYBURN. Now, is p here :\iy question-----Mr. BACON. If the Senator w ill pardon me for just a
moment; o f course this is nbt the occasion to go into an ex
tended debate upon that question, butt it has been very thor
oughly debated, and the principle very generally established and
acquiesced in, I think, that tiiat language creates an inalienable
right to petition regardless o f the person. And I make the
further proposition, which (I think is urkloubtedly the correct
one, that anybody within tlie jurisdiction ^>f the United States
Brandegee
and subject to its laws, w > has a grievance, if it is one within
the Federal jurisdiction, has—without nVw considering the
Root
Bradley
manner o f presentation
ie right of petition; and I care not
Taylor
Briggs
Warren
whether that person bej the highest in tl\e Government or
Clarke, Ark.
Crane
whether he be a felon ii; a cell.
Davis
Mr. HEYBURN, No™ if the Senator subi Jits that proposiFoster
tion-----So Mr. F l e t c h e r ’ s m o t i o n w a s a g r e e d t o .
Mr. LODGE. Mr. Pr ident-----Solutions are as
c o m m u n ic a t io n
and
a c c o m p a n y in g
Mr. PIEYBURN. Th Senator from Mass?
etts will pardon me for a moment I am not in doubt in
mind as to
A merican F ede It i on or Labor,
C ., J a n u a r y 1 7, 1012.
the status o f the righ o f petition. No court an no tribunal
Washington,
d States is
has held that a forei her being within the I
Hon. J ames S. S herman ,
,
_
President of the United Sfortes Senate, yvashington, D. C.
included within the 1 nguage of the first amend lit to the
T S ir : At tbe last annual convention oL&ic American Federation of
Labor, held at Atlanta, Ga., November lra-25, l& ll, there was under Constitution.
fere had
I f the Senator will efer back to the debates that Vvi
consideration the following preambles anffl resolutions:
ofV
VVhereas there is now pendirre in jane Senate of the united States upon this question atfthe time referred to by one o f' h e Sen
a bill (s. 2564) known as the Sinoojr printing bill, the main purpose ators this morning, lifc will find that no one contended that a
of. which is to codify, amend, andlenflct printing laws, but which con foreigner had that i’ight. He must approach this Govern
tains at the end of its 110 pages l y eight-line section which indirectly
repeals a law of Congress enactedlfor the purpose of safeguarding the ment—and we are tlie active element of the _Government—
people’s currency against the daqfcrs of counterfeiting; and
through the representative o f the country to which he belongs.
“ Whereas the maximum of sazefy against the evils of the coumerrefers unquestionably to
ou tlie
feiters’ art is guaranteed by what k known as the hand-roller process The word “ people”are citizens or within the the people citizen
status o f
ot Manufacturing paper securities; andpaper money, in the making , or. United States who
,.
Whereas a cheaply manujjftcturAl
ship.
f
\
which are to lie discarded, f/r the fake of a false economy, the high
Mr.
unquestionably.” That, Vf
ai't features of the engrave hr and printers’ crafts, which alone render course,BACON. it,Thd Senator says unquestionable, there is nW
because if it is
impossible reckless and widespread {counterfeiting such as prevailed room forsettles
difference. I But I do question it.
\
in the days of the ‘ wild-®t ’ curreacy of the long ago, would entail
incalculable losses upon hfie common!people: and as proof, expedience
Mr HEYBURN. jl hope the Senator will not pass by-----\
teaches that counterfeih/s apply tlilir skill principally to producing
Mr. BACON. I f f the Senator will pardon me, I want to \
nnrt putting in circulati/n the small potes which pass current among
;
\
farmers and the workin/ classes in th i cities and towns on the assump finish, but-----tion, which is well grqi&nfed, that thise classes will be the least sus Mr. HEYBURN. I hope the Senator will not attempt to dis- \
picious and the moro/oasily deceived iwith well-e-vecuted counterfeits, pose of it because a used the word “ unquestionably.” It ex
and
/
V
“ Whereas it is tli/ highest duty of ahe Government to throw every presses merely the/ unquestioned judgment of the person who
possible safeguard a/iout the paper money which it manufactures and speaks.
Puts in circulation among the people tro the end that tneir pieseni.
accept it
implicit confidence in this function oft government may not be mis Mr. BACON. II will not going in that sense. Senate with this
Mr. President,
am
to detain the
placed or destroyed :the American itFederation of. T ,
Therefore be
t .
.
,.
“ Resolved, That
Labor, in convention debate, but I will simply call attention to one thing. Every
assembled, protests against the repeal of the law of Congress of 189b foreigner, every person within the jurisdiction o f this country
which provides that the paper money, bonds, and checks of the T>nited
CONGRESSIONAL RECORD— SENATE.
and subject to its laws, is permitted to go into our courts to
establish his rights, and that is a principle which would un
doubtedly apply to the question whether or not such a person,
who sought to have liis redress not in the courts but at the
hands of Congress, would also have the right, for the same
reason, to be heard by Congress.
Mr. President, if a foreigner in this country, subject to its
laws, bearing its burdens, is suffering a grievance, a grievance
which is not one to be righted in a court, but which can be re
dressed only by the action of Congress, it seems to me by every
possible principle which applies to his right to go into a court,
he should be permitted to be heard by Congress.
But, Mr. President, the use\>f the word “ people ” is signifi
cant, and it corresponds in its broadness with the principle which
would include everyone who is within the jurisdiction and sub
ject to the laws of the country, because foreigners have rights,
and they have obligations, and those rights may be rights which
can be redressed only at the hands jof ,Congress; and by every
rule and by every principle they would have the same right to
appeal to Congress that they would have to appeal to the courts.
Mr. IIEYBURN, May I ask the Senator a question in -that
line ?
Mr. BACON. With pleasure.
Mr. IIEYBURN. Suppose a thousand subjects of Russia or
of Italy, not being citizens of the. United States, Were to seek to
petition Congress that action be taken against 'bheir Govern
ment.; would a petition like that be received?
\
Mr. BACON. The question what the petition contains is an
other matter. There are certain things, as suggested 'to me by
the learned Senator from Mississippi [Mr. W il l ia m s ^, that
would not possibly be entertained by Congress as being a lWitter
which would violate every principle of comity. Certain things
might be rejected on that account. Certain petitions, by rea^m
of being disrespectful to this body—for instance, for being
couched in improper language or easting aspersions on the PresP>
dent of the United States or any of the judiciary—would be
rejected; but any petition couched in respectful language, by
anyone whatever, not violating the obligation of comity which
we owe to other nations, on any subject which affects the right
of anyone within the jurisdiction of the Government and sub
ject to its laws and entitled to the rights and subject to tlj'
obligation of all persons, whether citizens of the United StajEs
or not, would be received ; and it is only some exceptional .pason—not by reason of the fact of noncitizenship, but someming
that affects the particular petition, sucli as I have indicatedpn the
references I have made—which would justify hesitation for a
moment on the question of its reception when propgrly pre
sented. I think it is so broad that it includes everyone within
the jurisdiction of the country, subject to its laws, apd regard
less of his station, whether it be high or low, or whether he be
a free man in the exercise of his rights or a feftrn serving a
sentence of the law.
/
Mr. LODGE. Mr. President, in the volume of precedents
which we have in regard to parliamentary questions in the Sen
ate some cases are given of petitions from foreigners. The sec
tion is wrongly headed. It states, “ Petitions from foreigners
not received.” And yet, if you read what the action was, the
action was that the petition was ordereddo lie on the table. It
was not referred.
/
I myself agree entirely with the interpretation given to the
clause of the Constitution by the Senator from Georgia [Mr.
B acon ]. I have no sort of doubt adf to the right of petition by
a man not a citizen of the United p a te s but a resident here and
within our jurisdiction. I do uqt think it is material whether
he has become a citizen or has pot.
The right of petition at oq£ period in our history was the
subject of great contention. yCThe House of Representatives for
a great many years undertook to exclude petitions bearing upon
slavery. The great content that John Quincy Adams made to
establish the right of pefeftion is familiar to every one. It was
established and the gag/rule, as it is called, was repealed.
I have always believed most profoundly, Mr. President, that
the right of petition/is absolute. The only restriction upon it
is that the petition'Should be couched in proper and respectful
language. The language- should not be indecent or improper.
If it is in respectful language, whether it comes from a man in
the penitential or whether it conies from the highest officer in
the land, it should be received. The right of petition is to me
a great constitutional right.
[ have said this simply because I think the Senator from
Missouri [Mr. R eed ] misunderstood what I said.
Mr. CULBERSON. Mr. President, with reference to the
question which has just been passed upon, I desire to say that
I voted to receive this petition and to print it in the R ecord
upon the broad ground that it is a petition from the American
J a n u ar y 18,
Federation of Labor, an organization well known to this
country.
Jp
So far as concerns Mr. Gompers, there is nothing to indicate
that he is not a citizen of the United States or the subject or
citizen of a foreign government. There is a mere suggestion of
such a possibility. If any Senator or the PresicRffg Officer of
the Senate, where the petitioner is not a citizen^f this country
but is a citizen or subject of some foreign acuntry, were to
present a petition to the Senate from the peudon himself, in his
individual capacity, it would raise an entii^fy distinct question
under the rule of the Senate, and one t y / c t is provided for ex
pressly by the rules,
To make myself plainer, if it a p p e n d as a fact that Samuel
Gompers is a citizen or subject o^Some foreign country and
submitted this petition in his indrvidual capacity as such, it
could not be presented to the Senate, under the rule, except
through the President of the touted States, the executive me
dium of communication between this Government and foreign
countries. Rather than hajp this matter go over without hav
ing the rule called to the attention of the Senate, I will read a
portion of paragraph 5 apRule V I I :
But no petition or memorial or other paper signed by citizens or
subjects of a foreign povs/v shall be received, unless the same be trans
mitted to the Senate b^Fhe President.
P
etitions an d m em o rial s .
■
ented a petition of the congregation of the
ff Ashley, Ind., praying for the enactment of
>r law to prevent the nullification of State
fide dealers, which was referred to the Coinfiary.
Iv presented memorials of members of the
e U. S. Grant Branch of the Star-Spangled
l ; of sundry citizens of the eighteenth asf members of the Thomas Davis Club; of
the twenty-second assembly district; of memHope Club, the Bunker Hill Club, and the
of sundry citizens of the eleventh congresI of the United Irish-American Societies of
all of New York City, and of the Civic
LeaguVof Brooklyn, all in the State of New York, remonstrating
againstVlie ratification of the proposed treaties of arbitration
between ^ie United States, Great Britain, and France, which
were ordered to lie on the table.
Mr. CULBDM presented 47 letters from citizens of Denver,
Colorado Springs, Salida, and Grand Junction, all in the State
of Colorado ;
letters from citizens of Richmond, in the State
of Indiana; anengo letters from citizens of New York City and
Brooklyn, in the \ t ale of New York, favoring the ratification
without amendment of the proposed treaties of arbitration be
tween the United SWtes, Great Brintain, and France, which
were ordered to lie onVhe table.
He also presented memorials of sundry citizens of Illinois,
Massachusetts, New Yonn Pennsylvania, and Connecticut, re
monstrating against the ratification of the proposed treaties of
arbitration between the uhiited States, Great Britain, and
France, which were ordered iS lie on the table.
^
He also presented petitions of sundry citizens of Illinois,
Ohio, Rhode Island, and New Yvu'k, praying for the ratification
of the proposed treaties of arbitration between the United
States, Great Britain, and Franca which \yere ordered to lie
on the table.
\
He also presented a petition of members of Company K,
Fifth Infantry, Illinois National Guai^, of Delavan, 111., pray
ing for the enactment of legislation regulating the pay of the
members of the Organized Militia, which was referred to the
Committee on Military Affairs.
\
He aiso presented a petition of Local Phst No. 240, Grand
Army of the Republic, Department of Illinois,\pf Lexington, 111.,
praying for the passage of the so-called dollar-awlay pension bill,
which was referred to the Committee on Pensions.
He also presented memorials of sundry citizeAs of Dangola,
Broadwell, and Park Ridge, all in the State of Illinois, remon
strating against the extension of the parcel-post system beyond
its present limitations, which were referred to the Committee
on Post Offices and Post Roads.
Mr. SMITH of Michigan presented petitions of the congrega
tions of the First Congregational Church of Ludington, theCJethodist Episcopal Church of Paris, the First Congregarhmal
Unitarian Church of Detroit, the Congregational Churcn\of
Chelsea, the Congregational Church of Atlanta, and the First
Methodist Episcopal Church of Manistee, of sundry citizen^
00X(1EESSI0IST L EECOED— SENATE.
A
1912.
ACCIDENTS IN COAX MINES (S. DOC. NO. 2 6 5 ).
Ml’. SMOOT. From the Committee oil Printing I report
favorably on a paper presented b„v the Senator from California
[Mr. W o r k s ] on the 9th instant, being an address delivered by
Dr. John Randolph Haynes before the joint session o f the
American Economic Association and the Association for Labor
Legislation, in Washington, D. C., in December last, on the sub
ject of accidents in coal mines and the means of preventing
them, with the request that it be printed as a public document.
The VICE PRESIDENT. Without objection, the order will
be entered for the printing of the document.
the
Am e r ic a n
m e r c h a n t m a r in e
( s.
doc. n o . 2 0 3 ).
Mr. SMOOT. From the Committee-on Printing I report
favorably 'on 11 paper presented by the Senator.from Minnesota
[Mr. N elson}; on the 8th instant, relating to the American
merchant marine and shipbuilding industry in the United
States for 3909, with the request that it be printed as a public
document.
£
■
The VICE PRESIDENT. Without objection, the order for
the printing of f}ie paper will be entered. 1
ALBERT S. ITENDKREB./
Mr. CRAWFORD. I ask that the bill $?. 2179) for the relief
of Albert S. ITenderer, being Order of Business 365, and which
was reported by me from the Committed on Claims on the 3Gth
instant, be recommitted to the Committee on Claims for the
purpose o f correcting an error.
§'
The VICE PRESIDENT. Without Objection, the bill will be
taken from the calendar and recommit ted to the Committee on
Claims.
Ife
W
BILLS INTRODUCED.
Bills were introduced* read the first time. and. by unanimous
consent, the second time,- and referred as follow s:
By Mr. K E R N :
j
,
A bill (S. 4625) granting relief to persons who served in the
Military Telegraph Corps of the Army during the Civil W ar; to
the Committee on Pensions.
By Mr. TAYLOR:
\ J?
A bill (S. 4626) for the relit'! o f heirs or estate of John S.
Burrows, deceased;
A bill (S. 4627) for the | lje f o f heirs or estate o f Joseph
Cain, deceased;
*
A bill ( S, 462S) for thqfire1|ef of heirs or estate of L. D.
Crawley, deceased;
jf
4
A bill (S. 4829) for thejrelief4pf heirs or estate o f Louis R.
D icus;
A bill (S. 4630) for tale relief“ipf heirs or estate of Robert
Edwards, deceased;
f
\
A bill ( S. 4633) for tjp relief of j . D. L ane;
A bill (S. 4632) for 0ie relief o f Ijeirs or estate o f J. A. Mil
hous, deceased;
\
A bill (g. 4633) fojif the relief o f foil's or estate o f Thomas
L- Keal, deceased; £
%
A bill (g. 4634) $br the relief o f heirs or estate of Abner
Dgles. decea sed ;
#
\
A bill (g . 4035)
the relief o f N. E.^Perkins;
A bill (g . 4636)Mor the relief o f heiw or estate o f J. O. Iy
V dhamson, deceased;\
A bill (g. 4637)1 for the relief o f LottiehBowman ;
A bill (g. 483*) for the relief o f heiim or estate o f W ilsfn
Cupples, decea sea;
\
A bill (S. 461#) for the relief o f Mrs. F. fd. Harris;
A bill (g. q(jao) for the relief o f heirs < r estate o f Joseph
>
Dolt, deceased#
A bill (g. 4&I1 ) for the relief o f John R ic%
V . bill (g 4642) for the relief of heirs 0% estate o f T. E.
Bob 'son, deceased;
rpV oill (g. *643) for the relief o f heirs or est*»e o f William J.
Tbonms, d ebased ; and
Wm 1 * (SJ4644) for the relief o f heirs or estate o f Theodrick
m, deceased; to the Committee on Claims. \
f y Me Racon :
V
st-if
Jr'
to establish a fish-hatching amRfish-cnltural
tbo 1011
^le batching and propagation of shad tfcion or near
e seadpast in the State o f Georgia; to the Committee on
* isheridi.
\
A bijf (g 4646) f or the relief of the estate ofiEpenetus
/deceased;
A baj (g. 4647) for the relief o f heirs or estate oRThomas
^ a. e|Vdeceased; and
t
A lnl] (g, 4648) for the relief o f Martin Ball, heir o f Stephen
“ ail,/deceased; to the Committee on Claims.
A .bill (g. 4649) granting a pension to Perry M. De Leon; to
e Committee on Pensions.
1061
By Mr. O’GORMAN:
A bill (S. 4650) granting an increase of pension to Will
H. H all; to the Committee on Pensions.
By Mr. SW ANSON:
A bill (S- 4651) to amend section 171 o f the penal Wws of
the United States, approved March 4, 3909; to the Ccpimittee
on the Judiciary.
A bill (Si 4052) for the relief o f certain Confederate officers
for improper and illegal injuries inflicted; to the Committee on
Claims.
A bill (S. 4653) to authorize the extension 0 Fourteenth
Street and Ain ska Avenue, N W .; to the Commiijbe on the Dis
trict o f Columbia,
#
By Mr. SMITH o f South Carolina:
jf
A bill (S. 4654) t,o regulate contracts for jjne future delivery
o f cotton; to the Committee on Agriculture,>hnd Forestry.
By Mr. GALLINGER :
use o f a site and the
A bill (S. 4605) to ptpvide for the _
ranklin, in the State
erection o f a public building thereon a
Public Buildings and
o f New Hampshire; to tfltt Committee,
Grounds.
\
By Mr. O L IV E R :
se o f pension to George R.
A bill (S. 4656) granting a
rs) ; to the Committee on
Griffith (with accompanying
Pensions.
By Mr. PO IN D E XTE R :
A hill (S. 4657) granting ai: ncre&se o f pension to Nancy A.
Searls;
A bill (S. 4658) grantingjffn increase^pf pension to William
H. Johnson ; and
A bill (S. 4659) granting an increase of jfiension to Oliver D.
Browning; to the Committee on Pensions.
k,
A bill (S. 4060) for the relief o f L. H. Phipps; to the Com
mittee on Claims.
/
By Mr. THORNTON
1
A bill (S. 4661) f&r the relief of the estate o f T. B. Cowan
and others; to the Committee on Claims.
Vx
By Mr. H B Y B U J N :
A bill (S. 4602) for the relief o f Charles Richter ( uH(h ac
companying papefs) ; to the Committee on Military A ffair^
By Mr. JONEfl :
\
A bill (S. 4663) to authorize and empower the Secretary o f
War to locate a right of way for, and to grant the same, and
the right to operate and maintain a line o f railroad, telephone,
telegraph and electric-transmission lines through Vancouver Bar
racks andiMilitnry Reservation, in the State of Washington, to
Washinspn-Oregon Corporation, its successors and assigns; to
the Coiainittee on Military Affairs.
A bJH (S. 4664) granting a pension to Sarah A. W aite; and
A fell] IS. 4665) granting a pension to Maria L. Graves; to
the Committee on Pensions.
By Mr. DILLINGHAM:
eusion to George H.
A bill (S. 4666) granting an.
u; Cmnrriiftee on LV-nPierce ( with
sion
^ r jT M r . OWEN:
A bill (S. 4667) granting an increase o f pension to Ellis C.
Howe; to the Committee on Pensions.
A bill (S. 4668) for the relief o f the Wichita and affiliated
bands of Indians; to the Committee on Indian Affairs.
A bill (S. 4669) for the relief of S. V . Fenton; to the Com
mittee on Claims.
By Mr, TILLM A N :
A bill '< 4670) for the relief of'M rs. Thomas G. Prioleau
b.
and
heirs at law of Thomas G. Prioleau, deceased; to
the ("Vinmun^toeii Clninis.
By Mr. TAG 17*%*.
A bill (S. 4673)
an increase of pensim ^fd Roswell
Bradley (with aecomnarrafeifcxi>apers) ; to thcJ^mMTnttee on Pen
sions.
W
By Mr. PENROSE:
^ G e rtru d e Brown (with
A bill (S. 4672) granting a pe:
accompanying papers) ;
A bill (S. 4673) grantupktfn increa .
^pension to Peter
Brnner (with accompaiia|J^ioapers) ; and
A bill (S. 4674) granting a pension to W illilVsi^. Rogers; to
the Committee oq-Pensions.
By Mr. G U G «?N H E IM :
A bill (&c^R»75) for the relief of George W. Brown
accompaqjdhg papers) ; to the Committee on Military Affairs?
..^INTERNATIONAL EXPOSITION AT GHENT, BELGIUM.
Mr. CULLOM submitted an amendment proposing to appro
priate $25,000 to enable the United States to participate in an
international exposition to be held at Ghent, Belgium, from
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
1062
J anuary is
under Article I of this treaty, that question shall
the
April to October, 1913, etc., intended to be proposed by him to joint high commission of inquiry; and if all or all be submitted toconi
but one of the
the diplomatic and consular appropriation bill, which was re mission agree and report that sucli difference is within the scope of
ferred to the Committee on Foreign Relations and ordered to Article I, it shall be referred to arbitration in accordance with the
provisions of this treaty.’
ej ,
be printed.
“ To this clause the Senate withholds its approval.
Jr
AGRICULTURAL EXTENSION DEPARTMENTS.
On motion of Mr. Smith of Georgia, it was
O r d e r e d , That 1,000 copies of the bill (S. 45G3) to establish agricultural extension departments in connection with the agricultural colleges in the several States receiving benefits of an act of Congress ap
proved July 2, 1862, and of acts supplementary thereto, be printed for
the use of the Senate.
RURAL DELIVERY ROADS.
Mr. SIMMONS. On June 21, 1911, I introduced a bill (S.
2840) for experimental improvement of rural delivery roads by
the Secretary of Agriculture in cooperation with the Postmaster
General, for investigating the subject of Federal registration
and license of automobiles used in interstate travel, and for
other purposes, and asked that it lie on the table. I now ask
that that bill be referred to the Committee on Agriculture and
Forestry.
The VICE PRESIDENT. Without objection, the bill will be
referred to the Committee on Agriculture and Forestry,
“ R e s o l v e d f u r t h e r , That the Senate advises and consents to the
fication of the said treaty with the understanding, to be m
ade a pau^f
such ratification, that the treaty does not authorize the submission to
arbitration of any question which depends upon or involves thrfmain
tenance of the traditional attitude of the United States co^rcernin»
American questions or other purely governmental policy.
£
a
■ “ R e s o l v e d f u r t h e r , That the Senate advises and consents JR the rati
fication of said treaty with the understanding, to be madp a part of
such ratification, that the American members of any joint jnigh commis1
sion of inquiry provided for in said treaty shall be aM
rointed by the
President, subject to the advice and consent of the Senate.”
Mr. McCUMBER. Mr. President, inasmuckr as any uncer
tainty as to proper construction of these treaties can easily [)e
cured, either by an amendment in the bodyrof the instruments
themselves or in the resolutions adopting/them, we might well
relieve ourselves of all effort to maintqjff our particular views
of the construction that ought to be ajrcorded to them; and if
there were no other reasons compelling a further discussion of
construction I certainly should nor ask the attention of the
Senate to any further argument a#hg that line.
ADJOURNMENT TO MONDAY.
But when, on the floor of PSPs Senate, it has been openly
Mr. GALLINGEIt. I move that when the Senate adjourns charged that the President of t^ie United States has with studied
to-day it be to meet on Monday next.
purpose attempted to deprive the Senate of its constitutional
The motion was agreed to.
power as a part of the treaty-making body and to transfer itj
functions to a commission when he has been accused of im’
GENERAL ARBITRATION TREATIES.
Mr. LODGE. I move that the Senate proceed to the consid pliedly, at least, attempting to avoid the Constitution which he
eration of the arbitration treaties with Great Britain and has sworn to support,jp feel it is the moral duty of Those who
deny that any such instruction should be given to those pro
France as in open executive session.
posed treaties to mg£e public in the same tribunal their earnest,
Mr. HITCHCOCK. Mr. President-----The VICE PRESIDENT. Will the Senator from Massachu dissent from those-charges.
I have sometimes differed greatly with the President of the
setts withhold his motion?
United States jjft questions of internal policy, but no man can
Mr. LODGE. For What purpose?
Mr. HITCHCOCK. I ask unanimous consent for the present ever justly (dgjfllenge his sincerity of purpose, ids uniform can
dor, or his i&votion to the Constitution and the people of tins
consideration of-----Mr. LODGE. I do not think, in justice to the Senator from country. J:
The Resident declares that there is no purpose in these
North Dakota, who has given notice of a speech, that I can
yield for the passage of bills. I do not think I ought to do it. treatiesgfo limit or curtail the constitutional power of the Sen
The VICE PRESIDENT. The Senator from Massachusetts ate. JMie Secretary of State so declares; and, Mr. President"
insists on his motion that the Senate proceed to the considera the treaties themselves negative such purpose and can only
made to support it by a process of reasoning which shall violate
tion of executive business as in open session.
the three fundamental rules of construction—first, that every'
The motion was agreed to.
provision should be given effect; second, that every provision
Mr. McCUMBER obtained the floor.
Mr. SMITH of Georgia. I desire to present an amendments^'should be made harmonious; and third, that each provision
to one of the resolutions of ratification, and I send it to th # should be considered with reference to the object sought to be
attained and the usages and customs pertaining to it.
desk.
0I was not present at the committee meeting when the major
The VICE PRESIDENT. Without objection, the amendidfent
will be printed. Does the Senator from Georgia wish to^iave ity report presented by the Senator from Massachusetts [Mr
L odge] was adopted. I am not therefore informed as to whether
it referred or lie on the table?
ip
it represents the views merely of a majority of those who were
Mr. SMITH of Georgia. Let it lie on the table.
present at that meeting or whether it has back of it the numeri
The VICE PRESIDENT. The amendment will lie on the
cal majority of the entire committee. But I am certain that it
table and be printed.
4?
Mr. SMITH of Georgia. I ask that the amendment I offered can not be sustained without violating these fundamental rules
of construction; that to sustain it we can not give effect to each
be read. It is short.
The VICE PRESIDENT. Does the Senator f|i5m North Da and every provision; that to sustain it we are compelled* to
leave certain provisions inharmonious and in conflict; that to
kota yield for that purpose?
JF
sustain it we must obliterate from our minds the prime purpose
Mr. McCUMBER. Certainly.
of section 2 and the customary method of bringing international
Mr. SMITH of Georgia. It relates to theMuse subject.
questions before the treaty-making body.
Mr. GALLINGER. It ought to be read, f "
The VICE PRESIDENT. The Secret?! ry will read the
Mr. President, the members of the Committee on Foreign Re
amendment.
.0
lations are, I believe, unanimous in their desire to provide for
The Secretary read as follows:
f
the settlement by an arbitral tribunal of every international
Proposed amendment to the resolution of Jatilication presented by Mr. difference that may arise not affecting the honor, independence
R oot August 21, #911.
vital interest, or traditional attitude of any country upon ques
Amend the first paragraph of said resolution by adding to the same tions which it deems essential to its national safety.
the following:
..t
The only difference that has arisen in the committee is one
With tlio exception of the last cl$C in Article III, which reads as
i'sc
follows :
of construction of the arbitration agreements submitted. Everv
“ ‘ It is further agreed, however.iithat in cases in which the parties
disagree as to whether or not ^'-difference is subject to arbitration member of the committee, as well as every Member of the
under Article I of this treaty, tjjflt question shall be submitted to the Senate, must agree that the Senate, as a part of the tree tv
joint high commission of in vy& y; and if all or all but one of the making power of the Government, can not in law, and ought
q p
mem
bers of the commission agffee and report that such difference is
within the scope of Article ¥ . it shall be referred to arbitration in not in policy, surrender its constitutional right to assent ^to
modify, or reject any agreement of a treaty character sub
accordance with the provisions of this treaty.’
“ To this clause the Senqifc withholds its approval.”
mitted to it, or its right to insist that every such agreement
Also amend said resolution by adding at the close of the same the shall be submitted for its action.
following :
“ R e s o l v e d f u r t h e r , Tliaft the Senate advises and consents to the rati
If it can be established beyond reasonable cavil that these
fication of said treaty JiV the understanding, to be made a part of treaties (io not purpose to deprive the Senate of its full constiith
™ties
such ratification, thati-'the American members of any joint high com
ional
mission of inquiry provided for in said treaty shall be appointed by the tution power as a part of the treaty-making machinery of the
President, subject textile advice and consent of the Senate.”
Gov
vernment, that its constitutional authority is in no way
So that said resolution, when amended, will read as follows:
threatened or impaired, then the only question is the broad
“ R e s o l v e d ( t w a f th i r d s o f th e S e n a t o r s p r e s e n t c o n c u r r in g t h e r e i n ) ,
That the Senate? advise and consent to the ratification of the treaty one, Does the Senate of the United States desire to take this
between the United States and Great Britain respecting arbitration, great and advanced step looking toward universal peace, the
signed at Washington on the 3d day of August, 1911, with the excep abolition of the horrors and devastations of war, and the re
tion of the Wst clause in Article III, which reads as follows:
“ ‘ It is ffirther agreed, however, that in cases in w
’liich the parties moval of the onerous burden of maintaining vast armies and
disagree as to whether or not a difference is subject to arbitration navies which are to-day sapping the very life of nations and
1912.
CONGRESSIONAL RECORD— SENATE.
1159
CONGRESSIONAL RECORD— SENATE
1160
He also presented a memorial of members of tlie Commercial
Club of Owen, Wis., and a memorial of sundry business firms
of Racine, Wis., remonstrating against the extension of the
parcel-post system beyond its present limitations, which were
T
referred to the Committee on Post Offices and Tost Roads.
Pie also, presented a petition of the General Merchants’ Asso
ciation of^South Milwaukee, Wis., praying for the repeal of the
oleomargarine law, which was referred to the Committee on
Agriculture*.and Forestry.
Pie also presented petitions of members of the Woman’s Club
of Monroe;
the First Unitarian Society of Madison; of the
Woman's Literary Club of Evansville; and of sundry members
of the Northwestern Branch of the National Home for Disabled
Volunteer Solfliers, all in the State of Wisconsin, praying for
the ratification of the proposed treaties of arbitration between
the United States, Great Britain, and France, which were
ordered to lie oh the table.
He also presented a petition of members of Company A,
Third Infantry, ^Wisconsin National Guard, of Neillsville, Wis.,
praying for the enactment of legislation to regulate the pay of
the Organized Militia, which was referred to the Committee on
Military Affairs. He also presented a petition of members of the Wisconsin
State Federation < f Labor, residents of Milwaukee, Wis., pray
^
ing for the passage of the so-called old-age pension bill, which
was referred to the/Committee on Pensions.
He also presented a petition of J. E. Perkins Post, No. 98,
Grand Army of the Republic, Department of Wisconsin, of
Augusta, Wis., prayiqg for the passage of the so-callbd dollar-aday pension bill, which /w as referred to the Committee on
Pensions.
/
He also presented a "petition of the Common Council of Mani
towoc, Wis., praying that the Government in the future regu
late and control the improvement of the Manitowoc River in
that State, which was referred to the Committee on Commerce.
He also presented a’ petition of members of the Commercial
Club of Mineral Point, Wis., praying that an appropriation be
made for the erection of a public building in that city, which
was referred to the Committee on Public Buildings and Grounds.
Mr. BOURNE. I present some papers and ask that they be
referred to the Committee on Pensions for consideration in
connection with Senate bill S. 3330, granting a pension to Harry
Col pus.
|
l
/
The VICE PRESIDENT. Without objection, the papers wil]
be so referred.
|
CAKE OF INDIGENT SICK IN TIIE DISTRICT OF COLUMBIA.
Mr. GALLINGfER presented the views of Gen. George M
Sternberg, president of the board of directors of the Garfield
Memorial Hospital, relative to the care of indigent sick.in the
District of Colombia, which wetfe referred to the Committee or
the District of/Columbia.
i
reports
of
Co m m it t e e s .
Mr. GALl I n GER, from the Committee on the District of
Columbia, tor which was referred; the bill (S. 3813) to require
all street railroad companies in\the District of Columbia to
issue free transfers, interchangeable from the lines of one conn
pany to those of another, and fo£ other purposes, reported if
with amendments and submitted a\report (No. 213) thereon, ?
He alsdf from the same committed, to which was referred the
bill (S. £160) to require all street; railroad companies in the
District* of Columbia to issue free'* transfers, interchangeable
from tlifc lines of one company to tlio$e of another, and for other
purposes, submitted an adverse report (No. 214) thereon, which
w as agreed to, and the bill was postponed indefinitely.
T
Mr, GAMBLE, from the Committee on Indian Affairs, to,’
which was referred the bill (S. 108) to authorize the sale and
disposition of the surplus and unallotted lands in the Cheyennd
River Indian Reservation, in the State of South Dakota, and
mailing appropriation and provision to carry the same into
effect, reported it without amendment and submitted a report
(No. 216) thereon.
He also, from the same committee, to which was referred the
bill (S. 109) to authorize the sale and; disposition of the sur
plus and unallotted lands in the Standing Rock Indian Reserva
tion, in the States of South Dakota and North Dakota, and
making appropriation and provision to carry the same into
effect, reported it with an amendment and submitted a report
(No. 217) thereon.
Mr. CLARKE of Arkansas, from the Committee on Military
Affairs, to which was referred the Ltll (S. 2269) to correct the
military record of Jeremiah Morgan, submitted an adverse
report (No. 218) thereon, which was agreed to, and the bill
was postponed indefinitely.
J anu ar y 22,
Mr. OWEN, from the Committee on Indian Affairs, to which
were referred the following bills, reported them each with an
amendment and submitted reports thereon/
S. 461. A bill conferring jurisdiction oiythe Court of Claims
to hear, determine, and render judgment-in claims of the Ponca
Tribe of Indians against the United States (Rept. No. 219) ; and
S. 2848. A bill authorizing the salq/of certain lands to the
Dwight Mission School on Sallisaw Cyeek, Okla. (Rept. No. 220).
Mr. BRANDEGEE, from the Couhnittee on the Judiciary, to
■which was referred the bill (S. ^179) to amend section 73 of
T
chapter 5 of the act entitled j*An act to codify, revise, and
amend the latvs relating to tjjZ judiciary,” approved March 3,
1911, reported it without amendment and submitted a report
(No. 221) thereon.
/
Mr. CRAWFORD, from the Committee on Claims, to which
was referred the bill (S / 3241) for the relief of Harry T. Her
ring, asked to be discharged from its further consideration and
that it be referred to*-the Committee on Military Affairs, which
was agreed to.
/
Mr. DIXON, from the,Committee on Military Affairs, to which
was referred tlie/bill (S. 69) for the relief of William O. Mallahan, reported it with an amendment and submitted a report
(No. 223) thereon.
Oregon /A v e n u e , c it y of W a s h i n g t o n ( r e p t . n o . 2 2 2 ).
Mr. GALLINGER. On the 13th of December last the Senator
from Georgia [Mr. B a c o n ] introduced a resolution (S. Res. 165)
which was passed by the Senate ai^d came to the Committee on
the District of Columbia instructing ,that committee “ to inquire
and report to the Senate what authority of law, if any, exists
under which the Commissioners of the District of Columbia have
undertaken to change the name of the street in the city of
Washington heretofore known as Oregon Avenue and to make
in said report such recommendation as may be deemed proper
in regard thereto.”
*
\
The Committee on the District of Colombia have made a
careful inquiry into this matter, and I submit the result of that
inquiry in the shape of a wwitten report, which I ask to have
printed and lie on the table.
The VICE PRESIDENT. The report will be printed and lie
on the table.
COAL AND ASPHALT LANDS IN OKLAHOMA.
Mr. OWEN. From the Committee on Indian Affairs I report
back favorably, with an amendment in the nature of a substitute,
the bill (II. R. 14055) to provide for the sale of the surface of
the segregated coal and asphalt lands of the Choctaw and Chick
asaw Nations, and for other purposes, and I submit a report
(No. 215) thereon. It is proposed to amend the House bill by
striking out all after the enacting clause and to substitute Sen
ate bill 2S31, with certain changes desired by the department.
I ask unanimous consent for its present consideration.
The VICE PRESIDENT. The Senator from Oklahoma asks
unanimous consent for the present consideration of the bill now
reported by him. It will be read for the information of the
Senate.
*
The S e c r e t a r y . The committee amendment proposes to strike
out all the text of the House bill after the enacting clause and
in lieu to substitute the following:
That the value of the coal and asphalt lands of the Choctaw and
Chickasaw Nations in the State of Oklahoma, segregated and reserved
by order of the Secretary of the Interior dated March 24, 1003, under
paragraph 58 of the act of Congress approved July 1, 1902, whether
leased or unleased, shall he ascertained and appraised under such rules
and regulations as may be prescribed by the Secretary of the Interior
and approved by the President. Said appraisal of the segregated coal
and asphalt lands shall be made by a board of three appraisers to be
appointed by the Secretary of the Interior and whose appointment shall
be approved by the President. Said appraisers shall be paid such com
pensation as the Secretary of the Interior may direct, which shall not
exceed $ 2 0 per day and necessary expenses, but not to exceed $ 2 , 0 0 0 to
each of such commissioners for the completion of the work. Said ap
praisers shall return to the Secretary of the Interior a report, sworn to
by them, setting forth the value of the lands so appraised, and in
making said appraisal the surface shall be classified as for farming and
grazing purposes in such Government areas as were prescribed by the
Government survey for allotment purposes, and in such ascertainment
the value of the surface and the value of the mineral rights shall be
separately found and returned. Such classification shall also show the
quality and value of each such tract, and where a tract has improve
ments thereon belonging to the Choctaw and Chickasaw Nations, the
value of the land and the improvements, not including property used
for mining purposes, shall be separately ascertained, and the value of
the land shall be fixed by said appraisers at the price a fee-simple title
to the same would bring in the market at the time the valuation is
made, and the value of any improvements thereon belonging to the
Choctaw and Chickasaw Nations, except such improvements as have
been placed thereon for mining purposes, shall be taken into considera
tion ; and all such appraisals and classifications shall be subject to the
approval of the President. The coal and asphalt deposits shall be ap
praised separately from the surface, according to the tracts used by the
United States Geological Survey, as found in Senate Document No. 390
Sixty-first Congress, second session. In the making of said appraise^
ment the surface of said lands shall be first appraised, and at as early
a date as practicable, to the end that the said surface may be immedi-
1912.
CONGRESSIONAL RECORD— SENATE.
ately sold, as provided herein, and said appraisements shall become
effective when approved by the Secretary of the Interior. The surface
herein referred to shall include the entire estate save the coal and
asphalt reserved. In the proceedings and deliberations of said apprais
ers, in the process of said appraisement, and in the approval thereof,
the Choctaw and Chickasaw Nations may present for consideration facts,
figures, and arguments hearing upon the value of said property.
Sec. 2. That the Secretary of the Interior shall designate and reserve
from sale such tract or tracts as he may deem proper and necessary
to embrace improvements actually used in present mining operations or
necessary for such future operations as will render said coal and
asphalt deposits available, and thereafter, under rules and regulations
to he approved by the President, after three months’ public notice, shall
sell the surface of said lands by sealed bids at not less than the ap
praised value and upon such terms as shall be fixed by the regulations
above provided for. In selling the surface there shall not he sold and
deeds shall not be issued to any one person for more than 160 acres of1
agricultural land, and there shall not be sold nor shall deeds be issued
to any one person for more than 640 acres of grazing land : P r o v i d e d ,
That where said lands are located so as to render the sale of smaller
tracts desirable, the Secretary of the Interior may order the sale of the
same in such smaller sized tracts as he may determine : P r o v id e d fu r
th e r , That the surface of all such lands as are not under mining lease
a.t the date of the approval of this act shall he sold, subject to the
right of the United States and of the Choctaw and Chickasaw Nations
or of the licensee or lessee of the mineral right in said land to prospect
for coal and asphalt thereon and mine thereunder, and to acquire such
portion of the surface of any tract or the use thereof as may be reason
ably necessary for the conduct of mining operations. And as to the
sale of the surface of lands under valid mining lease at the date of
the passage of this act, the same shall he sold subject to the rights of
the lessees of said land to mine thereunder in accordance with the pro
visions of this act and of the rules and regulations of the Interior De
partment governing the same. The proceeds of the sale herein provided
for shall be deposited in the Treasury of the United States with other
funds of said nations.
3
The Secretary of the Interior is authorized to sell, at not less than
the appraised value, to the McAlester Country Club, of McAlester,*
Okla., the surface of not to exceed 160 acres in section 17, township5 north, range 15 east. The mineral underlying the surface of thes
lands condemned for the State penitentiary at McAlester, Okla., under*
the Indian appropriation act approved March 3, 1909, shall be subjectto condemnation under the laws of the State of Oklahoma for State
penitentiary purposes.
If, after due investigation by the mining trustees of the Choctaw
and Chickasaw Nations and the three appraisers herein provided for
or by a majority of the said trustees and appraisers, it shall appear to
said officials, by reason of the character of the soil or the depth or
thinness of the veins of coal or asphalt in any tract, that such tract or
tracts could not be profitably mined for coal or asphalt and could
more advantageously disposed of by selling the surface and the coal and
asphalt together, such tract or tracts may be sold in that manner, ih
the discretion of the Secretary of the Interior, and patents issued for
said lands, as provided by existing laws : P r o v id e d , That this secticfc
1161
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The amendment was ordered to be engrossed and the hill to
be read a third time.
J
The bill was read the third time and passed.
----- J O l & ’i> ft E S O r W T T O N S INTROTSTJCKfi.
Bills and joint resolutions were introduced, read the first
time, and, by unanimous consent, the second time, and referred
as fo llo w s:
By Mr. CULLOM:
A bill (S. 4G76) granting an increase of pension to Edward II.
Casee;
A bill (S. 4677) granting an increase o f pension to Daniel W.
Coan (with accompanying paper) ; and
/ bill (S. 4678) granting an increase of pension to Rachel T.
Beck (with accompanying papers) ; to the Committee on Pen
sions.
By Mr. GALLINGER:
A bill (S. 4679) to amend section 95 o f the “ act to codify,
revise, and amend the laws relating to the judiciary,” approved
March 3, 1911 (with accompanying papers) ; to the Committee
on the Judiciary.
By Mr. GAM BLE:
A bill (S. 46S0) for the relief of Patrick Lyons; to the Com
mittee on Indian Affairs.
B y Mr. D IL L IN G H A M :
A bill (S. 4681) to authorize and require an extension of
the street railway lines of the Washington Railway & Electric
C o.; to authorize a change in the permanent system of highway
plans; to provide for the condemnation of certain streets, and
for other purposes; to the Committee on the District of Co
lumbia.
By Mr. DU PO N T :
A bill (S. 4682) granting a pension to David Moore;
A bill (S. 4683) granting an increase o f pension to Otlio
Lock (with accompanying papers) ; and
A bill (S. 4684) granting a pension to William C. White
(with accompanying papers) ; to the Committee on Pensions.
By Mr. STEPHENSON:
A hill (S. 4685) to correct the naval record of Micheal Philb in ; to the Committee on Naval Affairs.
A bill (S. 4686) granting an increase o f pension to Thomas
coal and asphalt deposits; but before the United States, the Chocta$v
and Chickasaw Nations, or any lessee or licensee of the mineral rights B utler;
shall be permitted to enter upon any of said lands for the purpose df
A bill (S. 4687) granting an increase of pension to Matthew
prospecting or conducting any mining operations such lessee or licensee
or the United States or the Choctaw or Chickasaw Nations, as the case J. M cRaith;
A bill (S. 4688) granting an increase of pension to Joseph
toay be, I f the surface of such licensed area has been sold, shall by
agreement with the owner of such surface determine the amount of such Ehnore (with accompanying papers) ;
surface necessary to be used for such operations and the compensatioh
A bill (S. 4689) granting an increase o f pension to George
to be paid by the United States, the Choctaw and Chickasaw Nation?,
or any lessee or licensee thereof. In the event that the owner of the Pliinney (with accompanying papers) ;
surface and the United States or the Choctaw and Chickasaw Nation^
A bill (S. 4690) granting an increase o f pension to John
or the lessee or licensee, as the case may be. can not agree as to th§ Scherff (with accompanying papers) ;
amount of such surface necessary to be used for such operations or
A bill (S. 4691) granting an increase o f pension to Thomas
the compensation to be paid therefor, the said parties owning sai<|
mineral rights or the lessee or licensee thereof may file a petition in th i M. F. De Laney (with accompanying papers) ; and
district court of the United States having jurisdiction within the disj
A bill (S. 4692) granting an increase of pension to W. A.
trict within which the said area is situated to determine the portion off
said surface necessary to be used in said operations and the compenj Owens (with accompanying papers) ; to the Committee on
sation to be paid therefor, which amount when so determined shall bei Pensions.
t
*
Paid as a condition precedent to the acquirement of any rights to th<|
By Mr. B R IS T O W :
use of any portion of said surface : P r o v id e d , That if any portion off
A bill (S. 4693) for the relief of R. W. Branson; to the Com
the surface of any area upon which a license or lease has been issued-;
has not been sold, the Secretary of the Interior shall determine the mittee on Claims.
amount of such surface necessary to be used for prospecting and other'
A bill (S. 4694) granting an increase of pension to Wesley C.
operations, together with the value thereof, which amount shall be paid;,
by the licensee or lessee into the Treasury to the credit of said Choctaw- Harvey; to the Committee on Pensions.
and Chickasaw Nations.
I
By Mr. M cLEAN :
, , 8 ec . 4. All sales of the surface of said lands shall be upon the fur-j
A bill (S. 4695) for the relief o f Charles J. Fuller ; to the
t ier condition that the said nations, their lessees, assigns, or successors,*
shall not be liable for any claim cr damages from subsidence of the sur-? Committee on ©aims.
A bill (S. 4606) granting an increase o f pension to George A.
races, caused by the removal of the coal or asphalt deposits.
4
Sec. 5 . That the Secretary of the Interior is hereby authorized to| Linda] 1 (with accompanying papers) ; to the Committee on
perform or cause to be performed any and all acts and to make such*
\
rub's and regulations as he may deem necessary and proper for the | Pensions.
By Mr. L IP PIT T :
Purpose of carrying into effect the provisions of this a c t: P ro v id ed ,
i hat the deeds of conveyance hereunder shall be executed under tue
A bill (S. 4697) granting an increase of pension to ChrjsProvisions of chapter 317, laws of 189S, approved .Tune 28, 1898, and ropher H. Alexander;
the acts amendatory thereof; and the said deeds o f conveyance shall
A bill (S. 469S) granting an increase of pension to Albert
contain proper reservation of the mineral rights^ in said land and ol
the right to enter thereon for prospecting and mining purposes and to Greene;
acquire sufficient of said surface or the use thereof so as to render said
A hill (S. 4699) granting an increase of pension to Mary
reserved coal and asphalt readily available.
. .
. .
Sec. 6 . That for the mirprse of carrying out the provisions of this Clark; and
»ct Hie Secretary of the Interior is authorized to use such portion of
A hill s 4700) granting an increase of pension to Theresia
.
the funds of said nations now on deposit in the Treasury of the United M eyer; to the Committee on Pensions.
States as may be found necessary, and lie shall for the purpese hereof
By Mr. NELSON:
establish and maintain, until the matters herein provided for are dis
posed of, a land office at McAlester within said segregated distiict.
A hill (S. 4701) granting an increase o f pension to Reason R.
The VICE PRESIDENT. Is there objection to the present ^Henderson (with accompanying paper) ; to the Committee on
'Pensions.
consideration of the bill?
_
...
.
By Mr. B R A D L E Y :
There being no objection, tlio Senate, as in Coinnnttee of the
A bill (S. 4702) granting an increase o f pension to Joseph B.
y hole, proceeded to consider the hill.
The VICE PRESIDENT. The question is on agreeing to the Harris (with accompanying papers) ; to the Committee on
iPensions.
amendment reported by the committee, which has been read.
1 1 62
-
CONGRESSIONAL RECORD— SENATE.
By Mr. WATSON:
A bill (S. 4703) granting an increase of pension to Henry
Thomas; and
A bill (8. 4704) granting a pension to Margaret It. Birchfield (With accompanying papers) ; to the Committee on Pen
sions.
By Mr, TAYLOR:
A bill (S. 4705) directing computation of longevity pay to re
tired Army officers (with accompanying paper) ; to the Commit
tee on Military Affairs.
A bill (S. 4706) granting a pension to Adam Diehl; to the
Committee on Pensions.
By Mr. KERN:
A bill (S. 4707) for the relief of William Schindler; and
A bill (S. 4708) for the relief of Madison A. Thomas (with
accompanying papers) ; to the Committee on Military Affairs.
A bill (S. 4709) granting an increase of pension,, to James
Roberts (with accompanying papers) ;
A bill (S. 4710) granting a pension to Rose E. Um^ioltz (with
accompanying papers) ;
A bill (S. 4711) granting a pension to Charles W. Purvis
(with accompanying papers) ; and
A bill (S. 4712) granting a pension to Charles.Dilden (with
accompanying papers) ; to the Committee on Pensions.
By Mr. POMERENE:
A bill (S. 4713) relating to bills of lading in commerce with
foreign nations and among the several States; to the Committee
on Interstate Commerce.
By Mr. MARTINE of New Jersey:
A bill (S. 4714) for the relief of Martha E. Conklin (with ac
companying paper) ; to the Committee on Claims.
By Mr. JOHNSON of Maine:
A bill (S. 4715) granting an increase of pension to Sarah A.
Haskell (with accompanying papers) ;
A bill (S. 4716) granting an increase of pension to William
H. Hunt (with accompanying paper) ;
A bill (S. 4717) granting an increase of pension to James
Dillon (with accompanying papers) ;
A bill (S. 4718) granting a pension to Henry M. Libby;
A bill (S. 4719) granting an increase of pension to Philinda
Lewis (with accompanying papers) ;
A bill (S. 4720) granting an increase of pension to Alexander
A. Richardson (with accompanying paper) ;
A bill (S. 4721) granting an increase of pension to Darius S.
Sanborn (with accompanying papers) ;
A bill (S. 4722) granting an increase of pension to John M.
Mower (with accompanying papers) ; and
A bill (S. 4723) granting a pension to Eva M. Roberts (with
accompanying papers) ; to the Committee on Pensions.
By Mr. BANKHEAD:
/
A bill (S. 4724) for the relief of heirs or estate of Moses
Camak, deceased (with acconjbanying paper) ;
A bill (S. 4725) for the relief of heirs or estate of Isaac Stin
nett, deceased (with accompanying paper) ; and
A bill (S. 4726) for thjf relief of heirs or estate of John
T Brown, deceased (with' accompanying paper) ; to the Com
J.
mittee on Claims.
/
By Mr. BURTON:
/
A bill (S. 4727) to amend section 8 of an act entitled “An
act for preventing the /nanufacture, sale, or transportation of
adulterated or misbranded or poisonous or deleterious foods,
drugs, medicines, and /iquors, and for regulating traffic therein,
and for other purposes,” approved June 30, 1906; to the Com
mittee on Manufactures.
A bill (S. 4728)/t o authorize the change of name of the
steamer Salt Lake /City; to the Committee on Commerce.
A bill (S. 4729) /granting an increase of pension to Abraham
Smock;
/
A bill (S. 473(>) granting a pension to Izora E. Dwlre (with
accompanying p/per) ; and
A bill (S. 4731) granting a pension to Lucy West | to the
Committee on Pensions.
By Mr. HITCHCOCK:
A bill (S. 4732) to authorize the Secretary of the Treasury
to abate, remit, or refund certain internal-revenue taxes and
penalties levied against or incurred by hospitals; to the:Com
mittee on Finance.
By Mr. CLAPP:
(By request.) A bill (S. 4733) for the relief of the estate
of Israel Folsom; and
A bill ('S. 4734) for the relief of Mary G. Brown and others;
to the Committee on Indians Affairs,
A bill (S. 4735) granting an increase of pension to Anthony
Barrett (with accompanying papers); to the Committee on
Pensions.
J a n u ar y 22,
By Mr. CLAPP (for Mr. K enyon ) :
A bill (S. 4736) granting an increase of pension to David
Curfman; and
A bill (S. 4737) granting an increase of pension to David
Cleaver; to the Committee on Pensions.
By Mr. PAGE:
A bill (S. 4738) granting an increase of pension to Franklin
E. Sawyer (with accompanying papers) ; to the Committee on
Pensions.
By Mr. BROWN:
A bill (S. 4739) granting a pension to Joseph K. Laflin; and
A bill (S. 4740) granting a pension to Caroline L. Johnson
(with accompanying papers); to the Committee on Pensions.
By Mr. CHILTON:
A bill (S. 4741) granting an increase of pension to John S
H all;
A bill (S. 4742) granting a pension to Samuel O. Johnson;
A bill (S. 4743) granting an increase of pension to .George
A. Porterfield; and
A bill (S. 4744) granting a pension to John A. Harden; to the
Committee on Pensions.
By Mr. BOURNE:
A bill (S. 4*745) to consolidate certain forest lands in the
Paulina (Oreg.) National Forest; to the Committee on Public
Lands.
By Mr. STEPHENSON:
A bill (S. 4746) granting a pension to Ora Belle Sberman
(with accompanying papers) ; to the Committee on Pensions.
By Mr. NELSON:
A joint resolution (S. J. Res. 69) authorizing the licensing
and employment of Otto Neumann Sverdrup as master of ves
sels of the United States; to the Committee on Commerce.
By Mr. GORE:
A joint resolution (S. J. Res. 70) providing for a joint com
mittee of the twro Houses of Congress to investigate the pres
idential campaign funds of 1904 and other presidential cam
paign funds, and for other purposes; to the Committee on
Privileges and Elections.
LANBS IN PETTIS COUNTY, MO.
On motion of Mr. S tone , it was
Ordered, That leave be granted to withdraw from the files of the
Senate the papers in the case of the bill (S. 6059) to remove cloud
from the title of the southeast quarter of the northeast quarter of
section 23, township 47, range 23 west of the fifth principal meridian,
except 10 acres off of the north .side thereof, in Pettis County, Mo.,
and to release the title of the United States therein to George It.
Shelley, his heirs and assigns, there having been no adverse report
thereon.
ALTA . E. WILEY.
Mr. CULLOM. I ask unanimous consent for tbe present
consideration of Senate resolution 185.
There being no objection, the Senate proceeded to consider
Senate resolution 185,. which - had been reported from the
Committee to Audit and Control the Contingent Expenses of
the Senate, w ith an amendment in line 2, after the word
T
“ pay,” to insert “ out of the contingent fund of the Senate,”
so as to make the resolution read:,
R esolved , That the Secretary of the Senate be, and he hereby is
authorized and directed to pay, out of the contingent fund of the
Senate, to Alta E. Wiley, widow of Lemon H. Wiley, late fireman in
the Maltby Building, a sum equal to s)x months’ salary at the rate
he was receiving by law at the time of his death, said sum to be
considered as including funeral expensed and all other allowances.
The amendment was agreed to.
The resolution as amended was agreed to.
ANNA MATILDA JORGENSEN.
Mr. GALLINGER. Mr. President, immediately preceding
on the calendar the resolution which has just been passed is
one of similar nature, being Senate resolution No. 186, for the
present consideration of which I ask unanimous consent.
There being no objection, the Senate proceeded to consider
Senate resolution 186, which had been reported from the
Committee to Audit and Control the Contingent Expenses of
the Senate with an amendment in line 2, after ;the word “ pay,”
to insert “ out of the contingent fund of the Senate,” so as to
make the resolution read:
R esolved , That the Secretary of the Senate be, ahd he is herebv
authorized and directed to pay, out of the contingent fund of the
Senate, to Anna Matilda Jorgensen, widow of Joachim Christian Jorgen
sen, late a skilled laborer in the United States Senate, a sum equal to
six months’ sjalary at the rate he was receiving by law at the time of
his death, said sum to be considered as including funeral expenses and
all other allowances.
The amendment was agreed to.
The resolution as amended was agreed to.
COMMITTEE ON NAVAL AFFAIRS.
Mr. GALLINGER. I move that the membership of the Com
mittee on Naval Affairs be increased to the number of fifteen.
The motion was agreed to.
1912.
CONGRESSIONAL RECORD— SENATE.
1217
6 . How much has the Tobacco Trust contributed to Mr. Cortelyou?
Mr. HEYBURN. Mr. President7. How much has the Steel Trust contributed to Mr. Cortelyou?
Tlie VICE PRESIDENT. Does tlie Senator from Texas yield
8 . How much has the Insurance Trust contributed to Mr. Cortelv^sf'?
to the Senator from Idaho?
/
9. How much have the national banks contributed to Mr. Corttrf/ou?
10. How much have the six great railroads contributed to^Sifr. Cor
Mr. CULBERSON. Yes.
telyou ?
Mr. HEYBURN. I am interested to flnow the Senator’s opin
ion as t<j why we should start. He lids stated that there is a
There has been no authentic and satisfactory ajrslwer to these
point at which we must stop. Why should we start?
inquiries, and only within the past few weeks* after principals
Mr. CULBERSON. I am proceeding to tell the Senator, if and material witnesses have died, an effort "has been made to
he will bfl patient.
*
impair or destroy testimony on the suj^fect of the Harriman
Mr. HEYBURN. I will.
/
contribution o f $260,000, which was^sfiven the public through
Mr. CULBERSON. I repeat, Mr. President, that the limit the instrumentality and enterprise*^ great newspapers. This
was fixedAat 1904 particularly, because, scandalous as were attempt to unload the ob loqu v^ r this disgraceful transaction
other elections in this respect, thatfyear surpassed all others upon the dead, a transactioprwhich is said to have changed
in the audacity and indecency with \thich campaign funds were 50,000 votes in the city o£rNew York alone, may be significant
demanded a\id exacted. The chairman of the national Repub in several views. It im*y be the common and ordinary case of
lican committee that year held, in his official capacity as Secre malefactors waitinsmfbr the absconding or death of witnesses,
tary of Commerce and Labor, the secrets of corporations whose or it may presage^arpolitical movement o f national consequence
affairs co u ld b e investigated under a Federal law, a vantage and magnitude*
ground of poiyer which apparently was not neglected. It has
I am now^tfnly concerned, Mr. President, with the fact that
been estimated, as has been shown, that the enormous and un it e m p h a se s the propriety and necessity of a full, prompt, and
conscionable sum of $11,000,000 fl’as raised and probably ex officiaj^mquiry into the expenditures of 1904, that remedial
pended that year by the committed o f which he was chairman. legj^fiition may be adopted to further curtail and prohibit the
The very size %nd obesity of thijs fund, sir, if approximately
lue and corrupt use o f money in Federal elections.
cor’rect, smacks tof extortion, profligacy, and corruption. Whc^
L
PUBLIC PRINTING AND BINDING.
utributed
contributed it akd where did it som e from ? We know sonff^
The VICE PRESIDENT. The calendar is in order under
thing in answer ffo such an inquiry, but not all, and not enough
upon which to bafee legislation to prevent its repetition
le VIII.
Mr. SMOOT. I move that the Senate proceed to the consid
Mr. GALLINGEit. Mr. Presi/ent-----The VICE PRESIDENT. Wfll the Senator from Texas yield, eration o f the bill (S. 4239) to amend, revise, and codify the
laws relating to the public printing and binding and the disto the Senator fron\ New Hampshire?
Mr. CULBERSON^ I yield.
nbution o f Government publications.
Mr. GALLINGERA I have foot had the privilege o f hearin
The VICE PRESIDENT. The question is on the motion of
all the Senator’s speech, but ft want to ask the Senator in all fhe Senator from Utah. [Putting the question.] The ayes
seriousness precisely Where 1* got his figures, that $11,000,000 vhave it.
was contributed to tin) fund in 1904?
X Mr. REED. Mr. President-----Mr. CULBERSON. W hile/the Senator was out o f the Cham
- T l i r r r t E PRJTS^Y)J?^T; H5SS"tlIc•
-Senator from Utah yield
ber or not listening, Mr. President, I stated that these figures to the Senator from Missouri?
•
were published, first, so far/as I know, in the New York Times
Mr. SMOOT. Certainly
in April, 1900, and the;/ have since been reproduced and com
Mr. REED. I understand that the motion is that we proceed
mended as probably trustworthy by the New York World.
to the consideration o f this bill.
/
Mr. GALLINGER. Hasl the Senator any information that
The VICE PRESIDENT. That is the motion.
/
would lead him to believfl/that those great newspapers got ac
Mr. KERN. There is an amendment to it that I w ish /o offer.
curate information upon m at point? The Senator knows that
The VICE PRESIDENT. The question for the Se/ate first
the newspapers of this country are in the habit of magnifying to determine is whether it will proceed to the consideration of
pretty much everything max is printed in their columns.
the bill. The Chair has announced that the ayes ln^e it. Does
Mr. CULBERSON. I Stated that the New Y
rork Times, ac the Senator from Missouri desire a division or anything?
cording to my information, had special means o f knowing where
Mr. REED. I desire to make a statement befyire the motion
of it spoke with reference to campaign contributions contributed is passed upon.
/
by the moneyed interests/of tfle country. •
The VICE PRESIDENT. The motion is notra debatable one.
Mr. GALLINGER. D ies the Senator think-----A motion to proceed to the consideration of Any bill is not de
/
Mr. CULBERSON. If do not know whether the estimate is batable or amendable.
Mr. REED. Mr. President, it may not/be debatable, but I
correct, approximately iv e n ; but I have this inform ation: An
estimate by a reputable|iewspa|er of the United States, vouched desire to make this statement to the Senator from Utah.
The VICE PRESIDENT. The Senator can only make it by
for by another great jou rn a l; and, Mr. President, the purpose of
this resolution is to se|hre inforjmation to determine what other unanimous consent. Is there objection J' The Chair hears none,
laws ought to be passqfl and to determine how much money was and the Senator from Missouri will proceed.
Mr. REED. T have been very earnestly requested to do what
L904 and who did it.
in fact contributed
I could do to have a further hearingrupon this bill and to permit
Does not the Senator-----Mr. GALLINGER
The VICE PRESI CNT. Doef| the Senator from Texas yield certain interested parties to appeal before the committee. If
the purpose is merely to debate .the bill, I have no objection.
Hampsrkre?
to the Senator from
I f the purpose is to put the billion its passage, then I do want
Mr. CULBERSON Yes.
i
Mr. GALLINGER
I f the Senator will permit me, the Sena- to object.
Mr. SMOOT. I will state t? the Senator that the bill is quite
_ ___ claim
tor does not „ ____ aat those newspapers had access to the
a lengthy one, and it has beea under consideration by the Print
books of the Republican national committee, I take it.
Mr. CULBERSON. I know nothibg o f the immediate sources ing Investigation Commission, the Joint Committee on Printing
of the information I f these newspapers, Mr. President. I want of "the two Houses, and tl^fl Senate Committee on Printing for
to get the resolution adopted by tae Senate to find out how nearly three years. I will state frankly to the Senator that I
much money was contributed, who did it, and inferentially why do not intend to press itjf passage to-day, but I would like very
they did it, and wjnat interest they had in legislation, if they much to have the formal reading of the bill to-day, and then
there are some comnyCtee amendments to be considered and
contributed this amount.
I have stated, Mr. President, that; we know something in whatever amendments may be offered afterwards of course
answer to these inquiries, but not all and not enough. We will be considered. Jl will say to the Senator that I have no
know, for instance! that the Republican contributions have been desire whatever to aSlc for a vote on the bill to-day.
Mr. BROWN. Mr. President-----largely made by the beneficiaries of privilege and protection.
The VICE PR /SID E N T . Does the Senator from Missouri
*ve have reason to believe that corporations engaged in inter
state commerce have been intimidated and blackmailed by the yield to the Senator from Nebraska?
Mr. REED. Certainly.
Republican national committee. We know that the Republican
Mr. BROW N/ I understand that the committee itself is not
national committee has levied upon and profaned sacred funds
held by at least three great insurance companies for women through with ^ s investigation of the bill. I am informed that
a hearing is to be had to-morrow on some phases of the bill. It
and children.
Mr. President, the New York. World for seven years has is very obvidus that the bill is an important one. I was out
of the Chamber at the time it was.called up, and I am not ad
a«ked these 10 questions, which I may be permitted to read:
vised of the parliamentary situation, but the bill can not be
L How much has the Beef Trust contributed to Mr. Cortelyou?
considered/under the five-minute rule.
-• How much lias the Paper Trust contributed to Mr. Cortelyou?
IIow much has the Coal Trust contributed to Mr. Cortelyou?
Mr. SM<0OT. I have not asked that it should be so con
L How much has the Sugar Trust contributed to Mr. Cortelyou?
sidered.
5- How much has the Oil Trust contributed to Mr. Cortelyou?
1218
CONGRESSIONAL RECORD— SENATE.
Mr. BROWN. It is a bill-----/
The VICE PRESIDENT. Tho bill is up under a motion that
it be considered.
I
Mr. BROWN. I wish to appeal to the Senator Jfrom Utah
to let the bill go over. No hearing on the by? has been
printed-----J
The VICE PRESIDENT. The Chair hardly thinks that this
proceeding is regular. The motion is not deniable. It has
been declared carried, and no Senator has quqirtioned it.
Mr. BROWN. I question now whether tl£ motion has been
carried.
The VICE PRESIDENT. The Chair asjfcd the Senator from
Missouri if he questioned it; the Chaijf understood that he
simply asked to make a statement; ajhl the Chair asked if
unanimous consent would be given thenjefor.
Mr. REED. The President is in/error in regard to my
position. I
The VICE PRESIDENT. If th a /is so, the Chair will again
put the motion. The Chair did nojfmean to foreclose anybody’s
right to vote on the proposition.
Mr. REED. I ask for a vote;
The VICE PRESIDENT. Tjfe Senator from Missouri asked
permission to make a statement, and that was given. General
debate is not in order, but Jjfie statement of tho Senator from
Missouri is in order, by unanimous consent.
Mr. REED. Mr. President, unless the Senator from Utah
will withdraw his m otion/if we are to be forced to vote on it, I
shall demand a roll call
Mr. I1EYBURN. Mb' President, I desire to interpose a- mo
tion, with the permission of the Chair. It is that the bill be
recommitted to the Committee on Printing.
The VICE PRESIDENT. That motion is hardly in order.
Mr. HEYBURN./ l think it is.
The VICE PREjUDENT. The motion to proceed to the con
sideration of a particular bill is neither amendable nor debatable,
but the Senate cjfn vote qn it and vote it down, or dispose of it
in any way it chooses.
Mr. HEYBURN. I think the bill should be recommitted, and
I merely submit a motion to recommit.
Mr. SMOOT. That motion is not in order.
The VIChT PRESIDENT. The pending motion is that the
Senate now/proceed to the consideration of the bill.
Mr. HE/BURN. My motion will be in order after the bill is
taken up^
The V/CE PRESIDENT. Certainly.
Mr. REED. I ask for a roll call.
The /VICE PRESIDENT. The Senator from Missouri asks
for tly£ yeas and nays. Is there a second?
Mnr SMOOT. I do not quite understand what the Senator
front Missouri meant by the statement that if the Senator from
UtXh wpuld not withdraw his motion he would demand a roll
call.
’ The VICE PRESIDENT. Debate is not in order. Evidently
a sufficient number have demanded the yeas and nays, and the
yeas and nays are ordered. The Secretary will call the roll on
agreeing to the motion of the Senator from Utah to proceed to
the consideration of the bill.
(
* Mr. T\HORNTON. Will the Chair please state what it is we
are goin&to vote on?
The VIQiE PRESIDENT. The motion is that the Senate pro
ceed to th<V;onsideration of the bill (S. 4239) to amend, revise,
and codify Vie laws relating to the public printing and binding
and the distribution of Government publications.
Mr. BORAHL Do I understand the Senator from Nebraska
to say that tlimJiearings are still going on?
The VICE PRESIDENT. Debate is not in order. The Sec
retary will proceVl with the call of the roll.
The Secretary proceeded to call the roll.
Mr. CLARK ofVvyoming (when his name was called). I
have a general pairV.-ith the senior Senator from Missouri [Mr.
Stone].
In the absence of that Senator I withhold my vote.
Mr. JONES (w hen\is name was called). I am paired with
the senior Senator frolp Florida [Mr. F l e t c h e b ] . I therefore
withhold my vote.
Mr. OLIVER (when h\s name w called). I have a general
ras
pair with the senior Senator from Oregon [Mr. C i i a m b e b l a i n ]
I transfer that pair to toe junior Senator from Illinois [Mr.
L o b i m e b ] and vote. I voteVyea.”
Mr. SIMMONS (when hist name was called). I am paired
with the junior Senator froi\ Minnesota [Mr. C l a p p ] . If he
vv
ere present and I were at liberty to vote, I would vote “ nay.”
Mr. SMITH of South Carolina (when his name was called).
I have a pair with the junior ^Senator from Delaware [Mr.
R ic iia b d s o n ].
I transfer that pa\- to the senior Senator from
Mississippi [Mr. P e b c y ] and vote, v vote “ nay.”
Ja n u ar y 23,
Mr. TILLMAN (when his name was called). I am i
with the Senator from Vermont [Mr. D i l l i n g h a m ] . I
hold my vote.
Mr. WARREN (when his name was called). I nawra goneral pair with the senior Senator from Louisiana [M ^T' osteb].
Therefore I withhold my vote.
Mr. LIPPITT (when Mr. W e t m o e e ’ s name wmf called). I
wish to announce that my colleague [Mr. W e t u B b e ] is neces
sarily absent from the city, and is paired j/ith the senior
Senator from Alabama [Mr. J o h n s t o n ] .
Mr. WILLIAMS (when his name was callart). I have a pair
with the Senator from Pennsylvania [ M u / P e n b o s e ] . i W iU
transfer that pair to the Senator from Indiana [Mr. Shively]
and vote. I vote “ nay.”
The roll call was concluded.
Mr. SIMMONS. I transfer my gen/ral pair with the junior
Senator from Minnesota [Mr. Ci.yFp] to the Senator from
Alabama [Mr. B a n k h e a d ] and I voce. I vote “ nay.”
Mr. BRIGGS (after having YOtwl in the affirmative). I Will
ask if the Senator from W esyVirginia [Mr. W a t s o n ] has
voted?
The VICE PRESIDENT. T/e has not.
Mr. BRIGGS. I w ithdrai/m y vote.
The VICE P R E S ID E D / The Senator from New Jersey
withdraws his vote.
Mr. WILLIAMS (aftyf having voted in the negative). A
moment ago I made the announcement of the transfer of my
pair with the Senator irom Pennsylvania [Mr. P e n e o s e ] to the
Senator from Indianar [Mr. S h i v e l y ] . I find that the Senator
from Indiana [Mr. j b h i v e l y ] i s present. I therefore want to
withdraw my vot^ u id let the pair between the Senator from
Pennsylvania [Mir P e n k o s e ] and myself stand.
Mr. C U R T IS ^ I was requested to announce that the senior
Senator from J&assachusetts [Mr. L o d g e ] is paired with the
junior Senator from Texas [Mr. B a i l e y ] .
Mr. JONES. My colleague [Mr. P o i n d e x t e k ] is unavoidably
detained fpom the Chamber.
Mr. MARTIN of Virginia. I desire to announce that the Sen
ator fvym Arkansas [Mr. D a v i s ] is paired on this vote with
the Senator from New York [Mr. R o o t ] .
The result was annotmeed--yeas 21, nays 34, as follows:
Bradley
Brandegee
Bryan
Burnham
Burton
Chilton
YEAS— 21.
McCumber
McLean
Nelson
Oliver
Page
Perkins
NAYS— 34.
Newlands
Gore
O’Gorman
Heyburn
Overman
Hitchcock
Johnson, Me.
Pomerenc
Rayner
Kern
Reed
Lea
Martin, Va.
Shively
Simmons
Martine, N. J.
Smith, Ga.
Myers
NOT VOTING— 36.
La Follette
Dillingham
Lodge
Fletcher
Lorimer
Foster
Nixon
Gallinger
Owen
Gamble
Guggenheim
Paynter
Penrose
Johnston, Ala
Percy
.Tones
Poindexter
Kenyon
Clarke, Ark.
Cullom
Dixon
du Pont
Gronna
Lffipitt
Bacon
Borah
Bristow
Brown
Crawford
Culberson
Cummins
Curtis
Gardner
Bailey
Bankhead
Bourne
Briggs
Chamberlain
Clapp
Clark, Wyo.
Crane
Davis
1*
J
Smoot
Stephenson
Sutherland
Smith, Md.
Smith, S. C.
Swanson
Taylor
Thornton
Townsend
Works
Richardson
Root
Smith, Mich.
Stone
Tillman
Warren
Watson
Wetmore
Williams
So -Mr. Smoot’s motion was not agreed to.
The ATCE PRESIDENT. The Chair desires to say to the
Senator from Idaho, in reference to his motion to recommit
that the Chair was in error in not entertainin g the motion at
the time. Tmk Chair was thinking of it as an amendment to the
motion made liVthe Senator from Utah [Mr. S m o o t ] , which was
not an amendablK. motion; but the motion of the Senator from
Idaho, as he put itVwas a separate motion and had precedence
of the motion of tlicSSenator from Utah, and the Chair should
have put it and did n \ Shall he now put the motion?
Mr. HEYBURN. NoJsMr. President, the purpose I had in
view can be served just asswell now in a moment. I made the
motion for the purpose of avoiding the present consideration of
this measure, not because l\ a v e any intention whatever to
delay or prevent its enactment\but I have it in mind in a
number of particulars to amend tnbHfi.ll, and I have been work
ing on it for days with a view of pvpparing the amendments.
The bill has only been eight days in the Senate. The bill was
introduced on January 8 and reported wythe lGth. So it has
been here about a week. It is an extensive, measure. It proposes the creation of new offices, carrying
lortant sums as
salaries, which should not be in a measure
' <js kind. That
!
1
Jk
w
4
j
J
CONGRESSIONAL RECORD— SENATE.
1912.
made Into tlie condition of dairy products for tlie prevention
and spread of tuberculosis, which was referred to the Committee
on Agriculture and Forestry.
Mr. ROOT presented petitions o f the congregation --.of the
Seventh-day Baptist Church, of Little Genesee; of the Cllristian
Endeavor Society of the Seventh-day Baptist Church, of Little
Genesee; of the congregation of the First Baptist fphureh
and of sundry citizens of Batavia, all in the State of New York;
praying for the enactment of an interstate liquor law *to pre
vent the nullification of State liquor laws by outside pealers,
which were referred to the Committee on the Judiciary.#
Mr. NELSON presented a petition of members of fhe Cos
mopolitan Literary Club, of Owatonna, Minn., praying for the
ratification of the proposed treaties of arbitration between the
United States, Great Britain, and France, which was ordered
to lie on the table.
Mr. PENROSE presented petitions o f sundry local granges,
patrons of Husbandry, all in the State of Pennsylvania, pray'iig for the adoption of certain amendments to the oleomargarine
lw, which were referred to the Committee on Agriculture and
Efrostry.
A e also presented a petition of sundry citizen^ of Bangor,
Pa:j, praying for the establishment of a parceljjfiost system,
whfhh was referred to the Committee on Post Offices and Post
Roacfe.
REPORTS OF COMMITTEES.
Mr. |pu PONT, from the Committee on Military Affairs, to
which %as referred the bill (S. 4749) relative^to members of
the Female Nurse Corps serving in Alaska or gt places without
the limits, of the United States, reported it without amendment
and submitted a report (No. 243) thereon.
if
He alsojfrom the same committee, to whicji was referred the
joint resolution (H. J. Res. 184) authorizij|| the Secretary of
War to loa% certain tents for the use of the Confederate Vet
erans’ Reunion, to be held at Macon, Ga., i * May, 1912, reported
it without anlgndment.
Mr. BOURSE, from the Committee orC Commerce, to which
was referred t ie bill (S. 43G0) to provide1for the establishment
o f aids to navigation in Pearl Harbor, Hawaii, reported it with
out amendment *nd submitted a reports No. 244) thereon.
Mr. GAMBLE,%from the Committee2 on Indian Affairs, to
which was reform ) (he bill (S. 875) fo r the relief of the Mis
sion Farm Co., Petwr Volondra, and others, reported it without
amendment and submitted a report (j£o. 245) thereon.
He also, from the%same committee, to which was referred
the bill (S. 1024) to Authorize thefsale and disposition of the
surplus and unallotted « n d s in the Crow Creek Indian Reserva
tion, in the State of South Dakota, and making appropriation
to carry the same into %fect, reported it with an amendment
and submitted a report (!%>. 24fi| thereon.
Mr. BRIGGS, from 1he- Committee on Military Affairs, to
which was referred the bill. j|§. 2243) to correct the military
Record of John L. O’Mara am i grant him an honorable dis
charge, reported it with amendments and submitted a report
(No. 247) thereon.
Mr. JONES, from the #nnifiittee on Claims, to which was
Referred the bill (S. 466 Vf for t% relief of the Bates & Guild
Co., submitted an a d v ersfrep ort\N o. 248) thereon, which was
agreed to, and the bill ydS's postponed indefinitely.
He also, from the same commitqee, to which were referred
the following bills, reported them ea^li without amendment and
submitted reports thejiteon:
S. 837. A bill to reimburse the offic%s and crew o f the light
house tender Mahzmita for personal-fflroperty losses sustained
by them on the fotpulering o f that tender October G 1905 (R e
,
port No. 250) ; an#
'
\
S. 2733. A bill M r the relief of the estMe of Almon P. Fred
o
erick (Itept. N o ^ S l).
■*
Mr. JONES, from the Committee on Public Lands, to which
was referred the bill (S. 3367) to amend s%tion 2291 and sec
tion 2297 of the Revised Statutes of the Un%ed States relating
to homesteads, reported it with amendments^and submitted a
Report (No. :249) thereon.
%
Mr. SIMMONS, from the Committee on C o n feree, to which
was referred the bill (S. 4521) to authorize tli& change o f the
name of the steamer William A. Hawffoocl, reported it without
amendment and submitted a report (No. 252) thereon.
Mr. SMOOT, from the Committee on Public Laflgs, to which
was referred the bill (S. 3045) to provide for agricultural en
tries on oil lands, reported it with an amendment, and sub
mitted a report (No. 253) thereon.
\
£
Mr. CRAWFORD, from the Committee on Commercepio wliicS
was referred the bill (S. 4475) to amend an act entiaed “ Ail
'
ses
act to simplify the issue of enrollments and licenses of% essels'
X L VIII
■82
1295
o f the United States,” reported it without amendment and sub
mitted a report (No. 255) thereon.
He also, from the Committee on Claims, to which was referred
the bill (S. 4751) for the relief of Albert S. Ilenderer, reported
it without amendment and submitted a report (No. 254) thereon.
Mr. CRAWFORD.
I am directed by the Committee on
Claims, to which were referred S. 2179, for the relief of
Albert S. Ilenderer, and S. .4750, for the relief of Albert S.
ILenderer, to report them each adversely and to ask that they:
be indefinitely postponed, as Senate bill 4751 just reported
by me from that committee covers the subject contained in
these two bills.
The VICE PRESIDENT. Without objection, the bills named
by the Senator from South Dakota will be indefinitely post
poned.
Mr. PERKINS, from the Committee on Commerce, to which
were referred the following bills, reported them each without
amendment and submitted reports thereon:
S. 43G3. \ bill to provide for the establishment of a light
and fog signal at or near Cape St. Elias, Alaska (Rept. No.
256) ; and
S. 4359. A bill to provide for improving the light station at
Kauhola Point, Hawaii (Rept. No. 257).
Mr. NEW l I n DS, from the Committee on Commerce, to
which was referred the bill (S. 4728) to authorize the change
o f name o f the steamer Salt Lake City, reported it without
amendment and submitted a report (No. 258) thereon.
%
BILLS INTRODUCED.
Bills were introduced, read the first time, and, by unanimous
consent, the second time, and referred as follow s:
By Mr. TAYLOR : \
A bill (S. 4818) tp authorize and establish a system of
markers for the battle field of Stone River, in Tennessee; to
the Committee on Military Affairs.
By Mr. JOHNSON of M aine:
A bill (S. 4819) granting an increase of pension to Charles J.
Higgins (with accompanying paper) ;
A bill (S. 4S20) granting an increase o f pension to Martha A.
Parkman (with accompanying papers) ;
A bill (S. 4821) granting aiMncrease o f pension to Warren W.
N orton; and
\
A bill (S. 4822) granting airyncrease of pension to William
L. Pratt; to the Committee on Pensions.
By Mr. O’GORMAN :
\
A bill (S. 4823) providing for the adjudication of the claim
o f Walston H. Brown, sole surviving partner o f the firm of
Brown, Howard & Co., by the Coilft of Claims; to the Com
mittee on Claims.
By Mr. M YERS:
\
A bill (S. 4824) to amend an act entitled “An act to codify,
revise, and amend the laws relating to the judiciary,” approved
March"3, 1911; to the Committee on the Judiciary.
By Mr. McCUMBER (by request) :
A bill (S. 4825) relative to the use o f the funds in the Treas
ury of the United States standing to the credm of the Muskogee
(Creek) Nation of Indians; to the Committee dkIndian Affairs.
By Mr. CRAWFORD :
\
A bill (S. 4826) granting an increase of p e n s % to Edward *
E. Miles (with accompanying paper) ; to the Committee on
Pensions.
By Mr. KERN :
A bill (S. 4827) granting an increase of pension to Thomas J.
Cartwright (with accompanying papers) ; to the Committee on
Pensions.
By Mr. NELSON:
A bill (S. 4§28) granting an increase o f pension to Gilson M.
Henton; to the Committee on Pensions.
By Mr. LOD GE:
A bill (S. 4829) to amend an act approved July 1, 1902, en
titled “ An act temporarily to provide for the administration of
the affairs o f civil government in the Philippine Islands, and
for other purposes ” ; to the Committee on the Philippines.
By Mr. DU PONT :
A bill (S. 4830) granting an increase o f pension to Horace
Bradley; to the Committee on Pensions.
By Mr. P A G E :
A bill (S. 4831) granting an increase o f pension to George II.
Ring (with accompanying j^iqters.) ; to tlie Committee on
Pensions.
f By Mr. OW E N :
A bill (S. 4832) providing for the reappraisement of town lots
at Wilburton, Okla.; and
A bill (S. 4S33) authorizing the Secretary of the Interior to
issue to J. D. Goulette, administrator, a patent in fee to the
#
1296
CONGRESSIONAL RECORD— SENATE.
Indian allotment held in trust by the Interior Department for
fjacob Johnson, deceased; to the Committee on Indian Affairs.
A bill (S. 4834) to establish agricultural extension depart
ments in connection with the agricultural colleges in the several
States receiving the benefits of an act of Congress approved
July 2, 1802, and of acts supplementary thereto; to the Com
mittee on Agriculture and Forestry.
J
A n uaby 25.
| The VICE PRESIDENT. The resolu n will be passed over,
f The bill (S. 252) to establish in the
partment o f Commerce
children’s bureau was
«n d Labor a bureau to be known as t
Announced as next in order.
over likewise,
I Mr. GALUNGER.; That bill shout
The VICE PRESIDENT. Being ejected to, the bill goes
over.
• Mr. HEYBURN. % would inquirf whether or not the bill
which has just been iifessed over shofld not now be transferred,
under the circumstances, to the cajbndar under Rule IX ? it
can not come up undes Rule VIII ider the five-minute rule,
The VICE PRESIDENT. That
has been made a special
order for Tuesday next!
be taken from under Rule
Mr. HEYBURN. Thlai it shou
deceased; to the Committee on Claims.
A bijl (S. 4836) granting a pension to Mildred J. Almond
(with Accompanying papers) ; to the Committee on Pensions.
By
FLETCHER:
A bill \S. 4837) granting a pension to Rebecca V. Rooks; to
mu.
\
the ComnVttee on Pensions.
The VICE PRESIDE?!'!1 TheJUhair thinks that is perhaps
.
By Mr. BRIGGS:
-J
A bill (f%4838) to amend section 96 of the “ act to codify, right, that it might better be transferred to the calendar under
revise, and iwiend the laws relating to the judiciary,” approved Rule IX under the circmiistanceif as it has been made a special
order for Tuesday next. I
March 3, 191% to the Committee on the Judiciary.
Mr. BORAH. I have n^objeifcion to that,
By Mr. HEW? URN:
.
The VICE PRESIDENT! AV|thout objection, the bill will be
A bill ( S. il|)!)) for the relief of Mary J. Webster; W the
transferred to the calendar^mdir Rule IX.
Committee on l%blic Lands.
The bill (S. 290) to authorize the appointment of dental
By Mr. P E N I L E :
j?
A bill (S. 484% to carry into effect the judgment*of the surgeons in the United StatSfes,fNavy was announced as next in
Court of Claims % favor of the contractors for building the order.
Mr. BRISTOW. I ask thf hat bill go over,
U. S. battleship Inmana; and
f
le bill goes over.
The VICE PRESIDENT.
A. bill (S. 4S41)lsor the relief of Dr. W. S. Hos^ick (with
ensions and increase of pensions
The bill (S. 4314) grantin
accompanying paper’s: to the Committee on Claims,-'
of the Civil War and certain
to certain soldiers and sai t
A N T H O N Y lO C G I N S A N D J O H N M . T H U R S T O N .
widows and dependent relaii s of such soldiers and sailors
Mr. DU PONT submitted an amendment proposing to appro was announced as next in oiftle
priate $10,000 to pay .ubtliony Higgins and John M. Thurston
Mr. McCUMBER. I askitlu that bill, together with Calfor legal services rendered in the defense of Charles Swayne, endar No. 186 and No. 187, Jbein Senate bills No. 4623 and No.
etc., intended to be proposed by him to the general deficiency 4624, all relating to pensioip, be
ssed over.
appropriation bill, which vliis referred to thqjiCommittee on the
The VICE PRESIDENT!? The 11s referred to by the Senator
Judiciary and ordered to bthprinted.
from North Dakota will bp. passed' ver.
The bill (S. 3160) to establish %t Holeb, Me., a subport of
Tiii'' president ' s c o m m issio n on economist an d ef f ic ie n c y .
5Ir. HEYBURN subniittecU^he followup resolution (S. Res. entry in the customs col I ion diswict of Bangor, Me., and for
196), which was read, considered by u#nimous consent, and other purposes, was announced as n fst in order.
Mr. JOHNSON of Mai do. I ask 1%t that bill go over.
agreed t o :
%
The VICE PRESIDE?#. The bil% oes over.
R esolved , That the President be Wiuest&ff to furnish to the Senate
the names of the members and officsjss oflthe President’s Commission
on Economy and Efficiency, their ag li wifiit official positions, i f any,
they have previously held, and the sfifowy they are receiving in their
present position.
a r a n s a |i p a s s
l ig iit \ s t a t io n
.
The bill (S. 4251) to< authorize thdk Secretary of Commerce
and Labor to purchase!?from the Stare of Texas certain land
purposes at tie Aransas Pass Light
C H A N G E OF R E g f c l N C E .
required for lighthou
meed as next ireorder, and the Senate,
Mr. WORKS. Yesterday I offj®fe<fijresolutions of the Cham Station, Tex., wms aim Whole, resumedats consideration,
in
of til
ber of Commerce of Berkeley, Oja., a^d other bodies, which I as The Committee repox ed to the Senate! without amendment,
was
see were referred to the Committee. < p Commerce. I should orderedbill be engross® for a third reading read the third time,'
|
to
be glad to have that reference change, for the reason that
j®
there is pending in the Committee on Military Affairs a bill to and passed.
j f BILLS PASSED OVER.
which those resolutions refer, g?’
%
The bill (S. 2493) ^authorizing the S ecretly of the Treasury
The VICE PRESIDENT. ^Without objection, the reference
------------------* --® on
---- 1 :------ ■
to : make an examim — of certain claims oj* the State of Miswill be changed as requestedlfoy the Senator from California.
Is there further morningjtmsiness? If %ere be none, morn souri was announce as next in order,
ask that that bill go ovej
Mr. BRISTOW.
ing business is closed, and-Tlie calendar ui«|er Rule VIII is in
The VICE PRES )ENT. The bill goes ovel
order.
0
The bill (S. 4050 for the relief of Catherin^Ratcliford was
n i j ^ S P A S S E D OVER.
announced as next in order.
The bill (8. 2518) to provide for raising tlx£volunteer forces
Mr. CURTIS
r. President, the Senator frVn Utah [Mr.
of the United States ififtime of actual or threatened war was S moot ] asked thatj get certain information regaining that bill,
announced as first in ql'der.
I therefox-e ask thi it go over.
The VICE PRESIDENT. The bill has alrea® been read in
The VICE PRESIDENT. The bill goes over.
full, considered as ii^fCommittee of the Whole, fp d one amend
ESTATE OF ELIZA B. HAUSE.
ment has been agreed to. Are there other amerl|ments?
The bill (S. 1! )8) for the relief o f the estate or\Eliza B.
Mr. BACON. M E President, is that the bill Introduced by
jg .
Hause was consii “red as in Committee of the Whole.\ It pro
t h e Senator from D e l a w a r e [Mr. d u P o n t ] ?
poses to pay to file personal representative of the estate .of
The VICE PRESIDENT. It is.
Eliza B. Hause, late of Philadelphia, Pa., $342.08, taxes erMr. BACON. I ask that it go over, Mr. President.
roneously collect! from her estate under the war revenue act
The VICE PRESIDENT. The bill will go over. '%
Mr. BACON. I want to state, in making that objection, that of June 13, 1898.
The bill was •eported to the Senate without amendment,
the matter came up a day or two ago, and it was then prac
tically understood that it was going to be brought uji on some ordered to be enj ossed for a third reading, read the third time,
occasion when there would be opportunity for its proper discus and passed.
BILLS PASSED OVER.
sion. I tliirrik it is understood by the Senator from Delaware
that he is gefing to call it up some day next week.
The bill (S. 4|39) to amend, revise, and codify the laws re
The bill IS. 2925) providing for a Confederate naval monu lating to the public printing and binding and the distribution
ment in the Vicksburg National Military Park was announced of Government publications was announced as next in order.
as next in order.
Mr. GALLINGpR. Let that bill go over.
Mr. HEYBURN. Let that bill go over.
The VICE PRESIDENT. The bill goes over.
The VICE PRESIDENT. The bill goes over.
The resolution {S. Res. 176) requesting the President to make
Senate concurrent resolution (S. C. Res. 4) instructing the certain inquiries of the Governments o f "Great Britain and
Attorney General of the United States to prosecute the Stand France, touching the arbitration of justiciable controversies
ard Oil Co. and the American Tobacco Co. was announced as or disputes, was announced as next in order.
Mr. LODGE. Let that resolution go over.
next in order.
Mr. BORAII. I ask that that may be passed over.
The VICE PRESIDENT. The resolution goes over.
1912.
CONGRESSIONAL RECORD— SENATE.
A bill (S. 4874) granting a pension to Josephine Owens (with
accompanying papers) ; to the Committee on pensions.
By Mr. ROOT :
/
A bill (S. 4S75) granting a pension to Frapak D. Lasher; and
A bill (S. 4S7G) granting a pension to Catherine Downs; to
the Committee on Pensions.
By Mr. CU RTIS:
f
A bill (S. 4877) for the relief of Sylvester P. H ill; to the
Committee on Military Affairs.
By Mr. DU P O N T :
f
A bill (S. 4S7S) granting an increase of pension to Elizabeth
Canby Breese; and
A bill (S. 4879) granting an increase of pension to Frances
Doherty; to the Committee on Pensions.
By Mr. DILLINGHAM :
/
A bill*( S. 4SS0) granting an increase of pension to Olive C.
Morrill (with accompanying p^ier) ; to the Committee on
Pensions.
By Mr. G Q R E :
A bill (S. 4,881) to increase/tlie limit of cost of the Federal
building and Sife at M cAlest#, O kla.;
A bill (S. 4S£2) to in crea# the limit of cost of the Federal
building and site at Chickaaia, Okla.;
A bill (S. 4SS.‘% to provid /for the erection of a public buildinc
)
at Shawnee, Olqgi.;
_
. A- bill (S. 48S4^ to pro ~de for the erection o f a public build
ln& at B artlesvi% Okls
. ^ bill (S. 4885 )Ito prJ ide for the erection of a public buildlni? at Sapulpa, o l l a . ; /
. A bill (S. 4SSG) |> i#o- ide for the erection of a public build*ag at Okmulgee, wlwi.;
. A bill (S. 4SS7) toyprovide for the erection of a public buildlng at Anadarko, Ojfla.;
A bill (S. 4888) tafprovide for the erection of a public buildbig at Pauls Valle/, Okla.;
. A bill (S. 4S 89)M provide for the erection of a public build
o
ing at Norman. (*da.|
. A bill (S. 4S90)#to provide for the erection o f a public build
ing at Clarem ori/ Okla.-;
. A bill (S. 489® to provide for the erection of a public build
ing at Mangum/Okla.; |
. A bill (g. 4S9e ) to provide for the erection of a public buildlng at Chandler Okla.; \
A bill (g. 4SB3) to provide for the erection o f a public buildlng at Ada, cjkla.;
\
A bill (g. 48<)4) to providfe for the erection of a public build
ing at Wagoner, Okla.;
A bill (g. /|S95) to provide^for the erection of a public build
ingrat W oodard, Okla.;
\
A bill (gj4896) to provide lor the erection of a public build1 1 at Noijita, Okla.;
1«
\
A bill (sf. 4897) to provide f i r the erection o f a public buildlng at Pawhuska, Olda,;
A bill (j§. 4S9S) to provide foi^the erection of a public buildin g at H#go, Okla.;
\
A bill (g. 4S99) to provide for the erection of a public buildlnS at Clinton, Okla. ;
A i)i!U:(g. 4900) to provide for tae erection of a public buildat lltu s, Okla.;
a biif (S. 4901) to provide for th® erection of a public building at Frederick, Okla.;
\
in,
(S. 4902) to provide for the erection of a public builda V lmk City, Olda ;
\
in,t d "! (S. 4903) to provide for the ejection of a public buildn^at Vinita, Okla.;
in„
(S. 4904) to provide for the erection o f a public buildA h-n Iobart’ ° k]a -; and
i (S. 4905) to provide for the ere<kion o f a public buildC r o u n d s 'ant, C bki.; to the Committee oi\Public Buildings and
%
Mr. PAYNTER :
\
, ’! ) (S- 4900) granting a pension to Ifene J. Reed;
A h'li
granting a pension to W.\B. Showalter;
Bj-i, 1
4908) granting an increase o f pension to Henry K.
A h-e r ; anci
But-),
4909) granting an increase o f pension to John
t e n s i o n s a c c o m p a n y i n g papers) ; to. the Committee on
a
% Mr. CRANE:
min■ 1
4910) for the relief of William Cotter; to the Compl
Military Affairs.
By Mr. G O R E :
blino- 1
1
4911) to increase the limit o f cost of the Federal
Uing and site at Ardmore, Okla.; and
A bill (g. 4912) to increase the limit of cost o f the Federal
building and site at Oklahoma City, Okla.; to the Committee on
Public Buildings and Grounds.
By Mr. OW EN:
A bill (g. 4913) to enable the Indians allotted lands in sev
eralty within the boundaries of Little River drainage district
No. 1, in Pottawatomie County, Okla., to cooperate with the
officials of said State in the protection o f their lands from over
flow ; to the Committee on Indian Affairs.
A bill (S. 4914) granting an increase of pension to George A.
Wageck (with accompanying paper) ; to the Committee on
Pensions.
By Mr. GAMBLE:
• A bill (S. 4915) for the relief o f the Winnebago Indians of
Wisconsin; to the Committee on Indian Affairs.
A bill (S. 491G) granting a pension to Jennie M. Osgood
(with accompanying papers) ;
A bill (S. 4917) granting an increase o f pension to G. G.
Seger (with accompanying papers) ; and
A hill (S. 491S) granting an increase of pension to Benjamin
F. Wlriteliouse (with accompanying papers) ; to the Committee
on Pensions.
y
By Mr. D IXO N :
A jo in ! resolution (S. J. Res. 71) authorizing the State of
Montana to take timber from the Deerlodge National Forest
for certain purposes; to the Committee on Public Lands.
By Mr. LODGE:
A joint resolution (S. J. Res. 72) making prqtision for the
Fifth International Congress o f Chambers o f Jcommerce and
Commercial and Industrial Associations; to the Committee on
Foreign Relations.
JF
WEATHER BUREAU STATION, MUSKOGEE, OKLA.
Mr. OWEN submitted an amendment propping to appropriate
$25,000 for the establishment, equipment, find maintenance of
a weather bureau station at Muskogee, Okla., intended to be
proposed by him to the Agricultural appropriation bill, which
was referred to the Committee on Agriculture and Forestry
and ordered to be printed.
p l a I»t in v e s t m e n t ’ go.
Mr. BRISTOW . I desire to enter a motion to reconsider
the vote by which the bill\(S. 3087) for the relief o f the Plant
Investment Co., of New ifcrk, N. Y., was ordered to a third
reading and passed on last Thursday.
The VICE PRESIDENT. The.motion to reconsider will be
entered.
8 £
■
Mr. BRISTOW. I move that the House be requested to re
turn the bill to the Senate.
jS
The motion was agreed to. JF
HOUSE B#iLS REFERRED.
II. R. 17681. An act maiding appropriations to provide for the
expenses o f the government of the District o f Columbia for the
fiscal year ending June 3.0, 1913, ahd for other purposes, was
read twice by its title and referred 10 the Committee on Appro
priations.
jf
%
The following bills wfere severally road twice by their titles
and referred to the Committee on Pensions:
II. Ii. 18335. An act granting pensions anti increase of pensions
to certain soldiers afikU sailors of the Cit.il W ar and certain
widows and dependent children of soldiers and sailors o f said
w a r;
M
\
II. R. 18336. An act granting pensions and increase of pensions
to certain soldiers and sailors of the Civil War and certain
widows and dependent children of soldiers and jailors o f said
w ar;
f
V
II. R. 1S337. An act granting pensions and increase of pensions
to certain soldiers and sailors o f the Civil W ar and certain
widows and dependent children of soldiers and sailers of said
w a r ; and
S
\
H. R. 18712, An act granting pensions and increase of pensions
to.certain sofuiers and sailors o f the Regular Army and;yNavy,
and certain .soldiers and sailors o f wars other than the Civil
War, and to widows and dependent relatives of such soldiers
and sailors.
t h e calendar .
The VICE PRESIDENT. The morning business is closed.
The calendar is in order under Rule VIII.
The bill (S. 251S) to provide for raising the volunteer forces
o f the United States in time o f actual or threatened war was
announced as first in order on the calendar.
The VICE PRESIDENT. The bill was read in full July 8,
1911, and it has been amended. It is now in Committee of the
Whole and open to amendment.
1474
CONGRESSIONAL RECORD— SENATE.
Mr. W A R R E N , T aua. nnii» ■i.nJwlH' WWHWgBigft.T nV th«! fflnT
i
niHluu irrrfmg" charge of the bill wishes to be here when it is
considered. So I ask that it may go over without prejudice.
The VICE PRESIDENT. The bill will go over.
The bill (S. 2925) providing for a Confederate naval monu
ment iu the Vicksburg National Military Park was announced
as next in order.
Mr. HEYBURN. Let that bill go over.
The VICE PRESIDENT. The bill goes over.
The resolution (S. Con. Res. 4) instructing the Attorney Gen
eral of the United States to prosecute the Standard Oil Co. and
the American Tobacco Co. was announced as next in order.
Mr. SMOOT. Let that go over, Mr. President.
The VICE PRESIDENT. The resolution goes over.
*
Mr. HEYBURN. That is pending on a motion to refer.
Mr. SMOOT. I believe the Senator who introduced the reso
lution asked the last time the calendar was up that the resolu
tion go over.
Mr. HEYBURN. I have no objection to its going over.
The VICE PRESIDENT. The resolution goes over.
The bill (S. 290) to authorize the appointment of dental sur
geons in the United States Navy was announced as next in
order.
Mr. SMOOT. Let that go over, Mr. President.
The VICE PRESIDENT. The bill goes over.
The bill (S. 4314) granting pensions and increase of pensions
to certain soldiers and sailors of the Civil War and certain
widows and dependent relatives of such soldiers and sailors
was announced as next in order.
The VICE PRESIDENT. The bill has been heretofore read
in full. It is before the Senate as in Committee of the Whole
and open to amendment. If there be no amendment to be
offered, the bill will be reported to the Senate.
Mr. SMOOT. I do not object to the consideration of this
bill, but I think it is due the Senator from Georgia [Mr. S m i t h ]
to call his attention to the fact that the bill is now under con
sideration.
The VICE PRESIDENT. The bill will be reported to the
Senate.
The bill was reported to the Senate without amendment.
Mr. HEYBURN. I have an amendment to offer.
Mr. SMITH of Georgia. Mr. President, I ask that the bill
go over. I do this with the sanction of the chairman of the
Committee on Pensions [Mr. M cCumbeb].
The VICE PRESIDENT. The bill goes over.
Mr. SMITH of Georgia. I also ask that the other pension
bills on the calendar go over, and that when they are hereafter
taken up the Chair will call my attention to the fact.
The bill (S. 31G0) to establish at Holeb, Me., a subport of
entry in the customs collection district of Bangor, Me., and for
other purposes, was announced as next in order.
Mr. JOHNSON of Maine. I ask that that bill go over.
The VICE PRESIDENT. The bill goes over.
The bill (S. 2493) authorizing the Secretary of the Treasury
to make an examination of certain claims of the State of Mis
souri, was announced as next in order.
Mr. SMOOT. Let that bill go over, Mr. President.
The VICE PRESIDENT. The bill goes over.
Mr. STONE. I hope the bill will not go over unless some one
insists. I should like to have it taken up.
The VICE PRESIDENT. A request was made that the bill
go over.
Mr. SMOOT. I should like to say to the Senator from
Missouri that I directed a letter to the Secretary of the Treas
ury in connection with this bill, and I expect an answer now
any day. Just as soon as I receive that answer, I shall call
attention to it.
Mr. STONE. If the Senator desires to have the bill go
over-----Mr. SMOOT. Yes; I should like to have the bill go over.
The VICE PRESIDENT. The bill goes over.
The bill (S. 4050) for the relief of Catherine Ratchford was
announced as next in order.
Mr. CURTIS. Mr. President, let that bill go over. I have
called for information in relation to it.
The VICE PRESIDENT. The bill goes over.
The bill (S. 4239) to amend, revise, and codify the laws re
lating to the public printing and binding and the distribution of
Government publications was announced as next in order.
Mr. SMOOT. I ask that that bill go over for to-day.
The VICE PRESIDENT. The bill goes over.
The resolution (S. Res. 176) requesting the President to make
certain inquiries of the Governments of Great Britain and
France touching the arbitration of justiciable controversies or
disputes was announced as next in order.
J a n u a b y 29,
Mr. LODGE. Let that go over.
The VICE PRESIDENT. The resolution goes over.
MESSENGER FOR COMMITTEE ON MINES AND MINING.
The resolution (S. Res. 1S4) authorizing the Committee on
Mines and Mining to employ a messenger was announced as
next in order.
Mr. LODGE. Mr. President, that resolution went over on the
objection of the Senator from Wyoming [Mr. W arren ], and I
know he desires to offer an amendment to it, as it contains a
clause to which he objects.
Mr. WARREN. I ask that the resolution may be read.
The VICE PRESIDENT. The Secretary will read the resolu
tion.
The Secretary read the resolution reported from the Com
mittee to Audit and Control the Contingent Expenses of the
Senate on the 17th instant, as follows:
R esolved , That the Committee on Mines and Mining is hereby author
ized to employ a messenger at a salary of $ 1 , 2 0 0 per annum, to be paid
from the contingent fund of the Senate until otherwise provided for
by law.
There being no objection, the Senate proceeded to^consider
the resolution.
Mr. WARREN. I ‘move to strike out the last portion of the
resolution, which reads, “ until otherwise provided for by
law.”
The VICE PRESIDENT. The amendment proposed by the
Senator from Wyoming will be stated.
The S e c r e t a r y . In lines 5 and 6 of the resolution it is pro
posed to strike out the words “ until otherwise provided for
by law.”
The amendment was agreed to.
The resolution as amended was agreed to.
BILLS PASSED OVER.
The bill (S. 4623) granting pensions and increase of pensions
to certain soldiers and sailors of the Civil War and certain
widows and dependent relatives of such soldiers and sailors was
announced as next in order.
The VICE PRESIDENT. The Chair understands that that
goes over under the request made by the Senator from Georgia
[Mr. S m i t h ] .
The bill (S. 4624) granting pensions and increase of pensions
to certain soldiers and sailors of the Regular Army and Navy
and certain soldiers and sailors of wars other than the Civil
War, and to certain widows and dependent relatives of such sol
diers and sailors, was announced as next in order.
The VICE PRESIDENT. That bill likewise goes over, at the
request of the Senator from Georgia [Mr. S m i t h ] .
The bill (S. 1014) for the relief of the Ottawa Indian Tribe
of Blanchard Fork and Rouch de Boeuf was announced as next
in order.
Mr. CURTIS. Let that bill go over.
The VICE PRESIDENT. The bill goes over.
The bill (S. 3175) to regulate the immigration of aliens to
and the residence of aliens in the United States was announced
as next in order.
Mr. LODGE. Let that bill go over.
The VICE PRESIDENT. The bill goes over.
SURPLUS LANDS IN STANDING ROCK INDIAN RESERVATION.
The bill (S. 109)' to authorize the sale and disposition of the
surplus and unallotted lands in the Standing Rock Indian Res
ervation, in the States of South Dakota and North Dakota, and
making appropriation and provision to carry the same into
effect, was announced as next in order, and the Senate, as in
Committee of the Whole, proceeded to its consideration. The
bill had been reported from the Committee on Indian Affairs
with an amendment.
The VICE PRESIDENT. The amendment reported by the
Committee on Indian Affairs will be stated.
Mr. BACON. I desire to ask the Senator from South Dakota
some questions. I do not know whether to ask him before the
amendment is presented to the Senate or not.
Mr. GAMBLE. It is simply a clerical error. It does not
matter whether the Senator propounds his questions now or
later.
Mr. BACON. If it is merely a clerical matter, I will pro
pound my questions first.
I confess, speaking generally, tjiat I know nothing about
Indian affairs. I have never beeH. on that committee, and
there is none of that property involved in by section, but I do
recall the fact that the Senator from>6outh Dakota has had
passed within the last several sessions qiHte a number of these
laws, and I remember that in the discussiomS^wliich have ensued
there has been developed the Tffct-that very lasre sums of money
were involved and that in several instances, where there were
1912.
CONGRESSIONAL RECORD— SENATE.
~7~
plaint that has
the lips of every hafon who has served
for any length i:
, although we hjfve not always taken
the trouble to
Mr. ItOOT.
am lief
greemei
think that instead
what the Sen^tor'^fbm IC x a n m s y
ernment of the United
of endeavoring to take upon the
upon us by necessity wfe
States irav duties which are not thr
Iready
ngs that we havj
should^hideavor to d§ better th©
1483
Mr. WARREN (when his name was called). I have
eral pair with the senior S e n io r froqr^ouisiana
id Gftrejore withhold/’my Vote.
IN ( vfhen My. WATSON’?TiiS!E£^as^Ufl?£r)."
colleague [Mr. W atson ITis necessarily absent frem /lhe session
o f the Senate on official' business. IJe isH
paired/wjch the senior
Senator from New Js^Xey [Mr. "
IS].
[LLIAVfe
r
hen h isj
'am paired
froi
Sn r o s e ] .
I
he si
is [Mr.
C l a r k e ] a n d vote.
vote “ nay.”
The roll call was included.
Mr. DU PONT. I hav
* n a ir with the senior Senator from Texas [Mr. Culbei
35s he is not present I withVoid my vot£_ _______
_’
t
o
i»y colleague [Mr.
bard)
ether in
doing anything more than was done in the legislation which
made nerSaible the atrocious outrages which have been men
tioned fby/Senators qpon this floor to-day. Wlj^t is,M ere in
this bil
ing done
ent the very same thing
again
J o N E s T i s u ffa v o iF T fi
b it® V ir ^ H b ^ ^ s m e e s .
in its main provisiol
Mr. GALLINGER. My colleague [Mr. B u r n h a m ] _is paired
is substantially the same as other bills covering the same sub
ject mattepy~ I speak simply from the information and knowl with the Senator from Maryland [Mr. S m i t h ] .
Mr. SIMMONS. I transfer my pair with the junior Senator
edge I limte iff opening reservations in my own State in regard
to the p/ices fi^M on the lands. ^ com m ission is appointed, from Minnesota [Mr. C l a p p ] to the Senatq* from Indiana [ M r .
and the Ippraisentents hare bean \fawfind injsome cases I think K e r n ] and vote. I vote “ nay.”
Mr. SIIIVELY. I desire to say that nfi colleague [Mr. K e r n ]
the appitiisem N ^ /f the Uind l i l y ? been/ too b/gh. If the settlers
were goilig upon desirable lands, all openecL^o white people who is unavoidably detained from the Sena/6 on official business.
Mr. OLIVER. I transfer my pain? with the junior Senator
go in anAcooperate with him in upbuilding that particular com
m
munity, tfcaft is one proposition, Mr. President. Cut here the from Oregon [Mr. C i K m b e r l a i n ] \ the junior Senator from
settler goes into a community where maybe one-quarter, one- Illinois [Mr. L o r i m e r ] aSd will vot#. I vote “ yea.”
Mr. RAYNER. JM co llo g u e UMr. S m i t h of Maryland] is
y
third, one-half, or perhaps three-fourths of the Zands in that
particular township are taken by Indians, and tneir lands are paired with the junior SemKpnf^from New Hampshire [Mr.
B u r n h a m ].
My colleague is uyftwoidably absent.
relieved from taxation for a period of 25 years. / Schools are to
Mr. GAMBLE (after having/vorfed in the affirmative). Mr.
be provided. And I will say to the distinguished Senator from
Idaho [Mr. H e y b u r n ] ithat South Dakota has always been most President, I ask leave to change my vtate from “ vea ” to “ nav.”
The VICE PRESIDENT. The S ender from 'South Dakota
solicitous as to the education of its children, Xvhite or red. In
the percentage o f illiteracy she stands withija a slight fraction changes his vote.
Mr. CLARK o f Wyoming. I have a general pair with the
the States in the
o f possessing the smallest illiteracy of any
senior Senator from Missouri [Mr. S t o n e / . I transfer that
Union.
If highways are to b^ built, if townsh/p organizations and pair to the Senator from Massachusetts [Mr. C r a n e ] and vote.
county organizations are to be maintained, these settlers bear I vote “ yea.”
The result was announced— yeas 17, nays 30; as follow s:
the burdens independently of the Indians. I f corruption, if
wrongdoing have been prevalent, as fa y as the settler is con
YEAS— 17.
Bourne
cerned it has not come unofer my observation in the opening
Crawford
Richardson
Martine, N. J.
Brandegee
Cummins
Myers
Smoot
lands in my State under the‘provisions / f acts of practically t/ie Brown
Dixon
Nelson
same identical character.
\
j
Burton
Gronna
Nixon
McLean
Oliver
As far as fixing a set price for tme lands, that is hi/hly Clark, Wyo.
NAYS— 30.
improper and inequitable, in any ju/gm ent. With intelligent,
Gardner
Page
Simmons
competent appraisers, who personally go on and value the finds, Bacon
Bailey
Heyburn
Perkins
Smith, Ga.
their appraisement being subjedt to/review by the Secret/ry of Borah
Hitchcock
Poindexter
Smith, s. c.
the Interior, it seems to me it is ^ h / wise and the safe prfvision Bristow
Johnson, Me.
Pomerene
Swanson
Bryan
Lodge
Itayner
Thornton
to follow.
Chilton
Martin, Va.
Reed
Williams
The VICE PRESIDENT. I f
are no further amei lments Gallinger
O’Gorman
Root
Overman
Shively
to be offered to the bill as in Cq mittee of the Whole, it will Gamble
NOT VOTING— 44.
be reported to the Senate.
/
Davis
La Foilette
Smith, Mich.
.s amended a id the Bankhead
The bill was reported to thfe
Dillingham
Lea
Stephenson
Bradley
amendment was concurred in ./
Lippi tt
du Pont
Stone
Briggs
The bill was ordered to be e/grosse’j for a third readinsK and Burnham
Fletcher
Lorimer
Sutherland
Foster
Chamberlain
McCumber
Taylor
was read the third time.
Gore
Newlands
Tillman
Clapp
passage of the bill.1
Mr. BACON. I ask for a / rote on
Guggenheim
Owen
Townsend
Clarke, Ark.
Johnston, Ala.
Paynter
Warren
Crane
The VICE PRESIDENT. /T h e quest!* is on the passage
Jones
Penrose
Watson
Culberson *
es appear to have it. Sullom
the bill. [Putting the question.] The
Kenyon
Wetmore
Percy
Mr GAMBLE. I ask fof a roll call.
Works
Kern
Smith, Md.
CuKis
The VICE PRESIDENT. The Senator\from South Dakota
So the Senate refused to pass the bill.
asks for the yeas and n a y / on the passage < the bill.
3f
Mr. GAMBLE. I give notice of a motion to reconsider the
3
prc
ordered, and the Secretary proceeded vote by which the bill was defeated.
The jmas and nays
fo call the roll.
The VICE PRESIDENT. The Senator from South Dakota
Mr. CLARK of Wyo ing (when his nanfe was called). I enters a motion to reconsider the vote by,.which the bill failed
have a general pair wit the senior Senator frXm Missouri [Mr.
S t o n e ]. In his absencj I withhold my vote, I f he were pres- to pass.
p r o t e c t io n of u n ited statjes c o in s .
ent, I should vote
Mr. GALLINGER. I move that tin/ Senate proceed to the
Mr. BRYAN (when/Mr. F l e t c h e r ’ s name wa’ called). My
colleague [Mr. F l e t c h e r ] is necessarily absent fr a the Senate consideration o f executii e\usiness
Mr. SWANSON. Mr. Pre\ident
the Senator yield to me
fhis afternoon on public business.
Mr. GUGGENHEIM (when his name was calledV I have a for a moment?
Senator.
Mr. GALLINGER. I yield
general pair with the senior Senator from KenVucky [Mr.
Mr. SWANSON. I ask una
consent for the present
P a y n t e r ] , who is unavoidably detained from the Seinp.te to-day
consideration of the bill (S. 4651 to amend section 171 o f the
I therefore withhold my vote.
Mr. OVERMAN /when the name of Mr. J o h n s t o n ofVllabama penal laws o f the United States iproved March 4, 1909.
The Secretary read the bill,
there being no objection,
was called). I an/requested to announce that the Senator from
the Senate, as in Committee a
Whole, proceeded to its
Alabama [Mr. J o i / n s t o n ] is unavoidably detained.
Mr. OLIVER (when his name was called). I have a general consideration. It proposes to / menV section 171 of the penal
laws o f the United States, approved
irch 4, 1909, so as to read
Pair with the juifior Senator from Oregon [Mr. C h a m b e r l i n ]
/
I do not know IkAv he would vote. I f he were present, I should as follow s:
Sec. 171. Whoever within the "United States or any place subieot to
vote “ yea.”
?
the jurisdiction thereof shall make, or
procure to be made
Mr. SIMMONS (when his named was called). I am paired or shall bring therein from any foreign cau& or or shall have in nos
counYry,
with the junior Senator from Minnesota [Mr. C l a p p ] . If lie session with intent to sell, give away, or in aYy other manner use the
were present and I were at liberty to vote, I should vote “ nayY’ same, any business or professional card, notic<\ placard, token device
I
1484
CONGRESSIONAL RECORD— SENATE.
print, or impression,Nw- any other thing whatsoever, in the likeness or
similitude as to desigrfVcolor, or the inscription thereon of any of the
coins of the United Statfle or of any foreign country that have been or
hereafter may be issued ag money, either under the authority of the
United States or under theNjaithority of any foreign Government, shall
be lined not more than $10%. But nothing in this section shall be
construed to forbid or prevenffjho printing and publishing of illustra
tions of coins and medals or thc^piaking of the necessary plates for the
same to he used in illustrating hpmismatic and historical books and
journals and school arithmetics and the circulars of legitimate pub
Ushers and dealers in the same.
Mr. LODGE. Mr. President, may I ask just what the amend
ment of the law Is that is proposed?
Mr. SWANSON. I will state very succinctly. Under the
present law it is impossible to have any impressions, prints,
tokens, or devices of the coins of the United States in school
arithmetics. You can have them in journals and circulars
issued by anybody who sells coins and in historical works and
other publications, but you can not have them in school arith
metics, where the value of coins is taught. There is a pub
lishing company-----Mr. LODGE. That is the only amendment of the law?
Mr. SWANSON. That is the only amendment. It simply in
serts “ school arithmetics.” There is now a publishing company
that has issued many thousand books that will be affected by
the amendment of the law.
The bill was reported to the Senate without amendment, or
dered to be engrossed for a third reading, read the third time,
and passed.
J anu ar y 29,
G.
Gale Gilbert to be postmaster at Mount Vernon, 111., jn
place of G. Gale Gilbert. Incumbent’s cominission expired
February 27, 1910.
Samuel It. Thomas to be postmaster at Oblong, 111., in place
of Samuel R. Thomas. Incumbent’s commission expired De
cember 11, 1911.
INDIANA.
Harry C. Linkhart to be postmaster at Hobart, Ind., in place
of Harry C. Linkhart. Incumbent’s commission expired Jan
uary 20, 1912.
IOWA.
Ulysses G. Mauk to be postmaster at Tabor, Iowa, in place of
Ulysses G. Mauk. Incumbent’s commission expired December
9,1911.
II. E. Wyatt to be postmaster at Rockford/Iowa, in place of
II. E. Wyatt. Incumbent’s commission expires February 4,1912.
KANSAS.
Wiliam II. Bondurant to be postma/fer at Ness City, Ivans.,
in place of William II. Bonduranty Incumbent’s commission
expired December 9, 1911.
Ida L. Cason to be postmastej/at Lakin, Ivans., in place of
Ida L. Cason. Incumbent’s commission expired December 11,
1911.
/
Zelma P. Jackson to be postmaster at Coldwater, Ivans., in
place of Zelma P. JacksoS. Incumbent’s commission expired
January 9, 1912.
EXECUTIVE SESSION.
\
William A. Morgan to be postmaster at Lansing, Ivans., in
Mr. GALLINGER. I renew my motion that the Senate pro
j, place of William A. Morgan. Incumbent’s commission expires
ceed to the consideration of executive business.
The motion was agreed to, and the Senate proceeded to the February 12, 1912.
consideration of executive business. After eight minutes spent \
/
in executive session the doors were reopened, and (at 4 o’clock
Gerry A. Proctor to be postmaster at Rangeley, Me., in place
and 48 minutes p. m.) the Senate adjourned until to-morrow, of Gerry A. Pr^fctor. Incumbent’s commission expired Decem
Tuesday, January 30, 1912, at 2 o’clock p. m.
ber 11,1911. /
f
NOMINATIONS.
Executive nominations received by the Senate January 20, 1012.
A ssist a n t C ollector
of
C u stom s .
William II. Turnbull, of New Jersey, to be assistant collector
of customs for the port of Camden, N. J., in the district of
Philadelphia, in the State of Pennsylvania, in place of Frank F.
Patterson, deceased.
MASSACHUSETTS.
LilliaSi Qf Alexander to be postmaster at Nortlifield, Mass., in
place of Charles H. Webster. Incumbent’s commission expired
December iS, 1911.
/
MICHIGAN.
Frank N. Gireen to be postmaster at Olivet, Mich., in place of
Frank N. Green. Incumbent’s commission expired December
1/1911.
\
/ Neal McMillaA.to be postmaster at Rockford, Mich., in place
U nited S tates A ttorney .
Clara
Sherman T. McPherson, of Ohio, to be United States attorney,j of Gerrit Spore, deceased. be postmaster at Holland, Mich., in
Van Schejhen to
southern district of Ohio. (A reappointment, his term havi
place of Gerrit Van\,Scheken. Incumbent’s commission expired
expired.)
December 11,1911. H
,
P romotion in th e A r m y .
1
William P. Stiles to be postmaster at Coopersville, Mich., in
COAST ARTILLERY CORPS.
/
place of William P. Stiles. Incumbent’s commission expired
Second Lieut. Ralph C. Harrison, Coast Artillery Corp£ to be December 18,1911.
first lieutenant from January 24, 1912, vice First Lieut/Chester
Samuel L. Willits to bis postmaster at Remus, Mich., in place
H. Loop, dismissed January 23, 1912.
/
of Samuel L. Willits. Incumbent’s commission expired Janu
ary 23,1912.
\
A ppointm ent in t iie A r m y .
/
COAST ARTILLERY CORPS.
J
Harold De Forest Burdick, of Kansas, ensign,'United States
Navy, to be second lieutenant in the Coast Artillery Corps, with
rank from December 19, 1911.
/
P ostm asters .
CALIFORNIA.
John Ainscough to be postmaster at Banning, Cal., in place
of John Ainscough. Incumbent’s cominission expired January
9, 1912.
/
Charles E. Bauer to be postmaster at Courtland, Cal. Office
became presidential January I, 19,12.
NTANA.
Mary L. Boehnert to be postmaster at Glasgow7 Mont., in place
,
of Mary L. Boehnert. Incumbent’s commission expires Feb
ruary 19, 1912.
George E. Bolster to be postmaster at Plentywood, Mont.
Office became presidential JanuarV 1, 1912.
NEW MEXICO.
Henry Rankin to be postmaster atW ida, N. Mex., in place of
Henry Rankin. Incumbent’s commisMon expires February 17,
1912.
NEW YORK.
Fernando II. Reeves to be postmasteiNat Brownville, N. Y.,
COLORADO.
in place of Mary A. Booth. Incumbent’s^ commission expired
Jennie Ross to be postm as/r at Cheyenne Wells, Colo., in December 10, 1911.
place of Jennie Ross. Incumbent’s commission expires Feb
Ulysses G. Sprague to be postmaster at Pidnce Bay, N. Y., in
ruary 10, 1912.
/
place of Ulysses. G. Sprague. Incumbent’s Ctemmission expires
/CONNECTICUT.
February 19, 1912.
W. Franklin Sheldon to be postmaster at Moosup, Conn., in
NORTH DAKOTA.
place of William HyTveuyon. Incumbent’s commission expires
Edmund Iv. Cavileer to be postmaster at Pembina, N. Dak.,
February 3, 1912.
in place of Edmund Iv. Cavileer. Incumbent’s commission ex
C. Leon Wilcox to be postmaster at Windsor Locks, Conn., pires February 4, 1912.
in place of Alfred W. Converse, deceased.
OKLAHOMA.
ILLINOIS.
William A. Collins to be postmaster at Western Springs, 111.,
in place of William A. Collins. Incumbent’s commission ex
pired January 29, 1912.
Theodore A. Fritehey to be postmaster at Olney, 111., in place
of Theodore A. Fritehey. Incumbent’s commission expired
January 28, 1911.
Maud C. White to be postmaster at Quinton, Okl&y Office
became presidential January 1, 1912.
PENNSYLVANIA.
\
Otto E. Enders to be postmaster at Elizabethville, Pa., in
place of Otto E. Enders. Incumbent’s commission expires Feb
ruary 11, 1912.
CONGRESSIONAL RECORD— SENATE.
----------------------------------------------------------^ ----------------------------------------------------------
1519
By Mr. OW EN:
; is now before the Senate. A great many good people of the
A bill (S. 494G) authorizing the Court o f Claims to consider rcountry acting conscientiously have come to the conclusion that
and adjudicate the claim of the Eastern Clierokees; to the Com this bill ought to become a law, and they have not failed to tell
the representatives of the people of their wishes in that regard.
mittee on Indian Affairs.
^
Last evening, under a special-delivery stamp, I received a letter
AMENDMENTS TO APPROPRIATION BILLS.
Mr. LODGE submitted an amendment proposing to appro from a most estimable lady in Washington, who.is at the head
priate $15,000 to pay the necessary expenses incurred and eom- o f a civic federation, the officers of which are sjmong the fore
pensatioiiNfor services rendered in the examination and prepara most people, men and women, o f this country, urging the
tion of cases involving the use, distribution, or diversion of passage o f this b ill; and yet, Mr. President, this is not a one
waters, and\tlier questions or matters o f difference covered by sided question by any manner of means. There are most excel
the treaty of Ja n u a ry 11, 1909, between the United States and lent people who see in this bill an attempt to legislate in the
Great Britain,Ntc., intended to be proposed by him to the diplo wrong direction, and who are opposed to it.y' I have been inter
matic and consular appropriation bill, which was referred to ested to observe that the American Humane Association, an
the Committee oi\Forcign Relations and ordered to be printed. organization that has perhaps done more ®ffr the children of the
Mr. BRIGGS submitted an amendment relative to the appoint country than any other organization Hurt ever existed in the
ment of cadets to tlfc Military Academy from any State at large, United States, is very strongly opposed^ to the proposed legis
lation ; and Mr. Elbridge T. Gerry, knowp to Senators generally,
etc., intended to bekproposed by him to the Military Acad who founded that great organization, as very outspoken in his
emy appropriation b\l, which was ordered to be printed and, a
opposition to it, as
0 . Lindsay, the president
with the accompanying papers, referred to the Committee ojf o f that association. is also Mr. John,Stillman, of Albany, N. Y.,
Dr. William O.
Military Affairs.
president of the American Human# Association, declares his
REGULl ION OF IMMIGRATION.
£
opposition to this bill in these woe |
Mr. WATSON submit!
an amendment intended to be jiroWhile I am heartily and sincerely
favor of all proper legislation,
posed by him to the bill
3175) to regulate the immigration for the protection of childhood and it# proper supervision and study, I
do not approve of the attempt to cenjfi'alize all efforts in this direction
of aliens to and the resit
o f aliens in the United Siates,
in a department of the Federal Government.
which was ordered to lie
e printed. m
In the first place it would disco®rage individual initiative in the
I
. ROGERS.
&
w ith Senate? bill 165.
, withdrawn from
rs, be by J. C. South,
jreon.passed the- fol*
different States, and in the diversity of study and interest lies the
greatest opportunity for progress. ■
In the second place, Federal Government has little or no power in
the direction of enacting laws for the protection of childhood, and a
Federal bureau for that purpose would practically he an academic in
stitution.
it
In the third place the tendency at the present time is, I am con
vinced, to make existing bureaus of this description too theoretical
and not sufficiently practical. JpVhat is needed for the proper protec
tion of childhood is not theoijgsts and dreamers, hut practical workers
like those found in Societies w r the Prevention of Cruelty to Children.
This is a self-evident truth, s f ;
In the fourth place, I bel|teve that there is a tendency toward too
much paternalism in these nfattteys in this country and too little dispo
sition to give homes a chance to manage their own affairs. There is
too frequently an invasion dfhd defiance of personal rights and a mani
fest conviction that the theorists; and dreamers are the only ones who
have a right to have opinions on home management.
In the fifth place, I an&tronglw inclined to believe that the creation
of a Federal child bureau would wesult in placing the study of child
protection in an official way almosSf wholly in the hands of the library
student and the statistiiSan.
In conclusion, I wofid call your attention to the fact that the
scheme for a Federal Children’s bureau was unanimously condemned
at the thirty-fifth annuls meeting or%he American Humane Association,
which was held in San#Francisco during October last.
Mr. President, infopening the discussion the junior Senator
he act ( S. Res.
? resolution relating from Idaho [Mr. Bb 'r a h ] used an argument that we very fre
hear, w hit* was
Congress
be quite
Committee to Audit quently appropriate- moneythat tak f care seems tocattle and will
ing to
to
of the
the
Senate:
Worses and the sheep and the hogs o f the Nation, while it is
or jfiiy subcommittee very loath to matte an appropriation for the women and the
ion# Congress to send
Mr. President, that argument has
deploy stenographers children of the Country.
' fe had in connection been worn threadbare; we have read,it in the newspapers; we
te
t#d committee, and to have heard it o\?fir and over again hdte and from the rostrum ;
[rings printed for the but there is no||tnucli in it. The trifth is that dumb animals
ings shall be paid out
ommittee and subcom- need protectionjliecause they can not\. protect themselves, and
Senate.
the further fa e f is that unless we did protect the animals who
furnish food tof'tlie human family the mothers and the children
MESSAGE FROM THE I^JC
o f the countryv’would suffer serious consequences.
A message from the House of Representati1
But, Mr. President, we are not parsimonious in the matter of
Its Chief Clerk, announced that the Blouse L
appropriations for the preservation of tlifc public health in the
lowing bills, in which it requests the Jjpncurre:
United State!; indeed, we are very liberally making appro
II. It. 1G18. An act amending paragraph G
priations. I asked my secretary to go through the laws which
to the Metropolitan police force; and
had been passed during the last session of Congress, and he
H.
R. 18G42. An act to amend am act entitled
act to pro
reports to mfe that we appropriated for purposes of health in
vide revenue, equalize duties, and encourage tholindustries of the United 'States $10,443,708. So we liavt; not been parsi
the United States, and for other purposes,” approved August 5, monious, but, on the contrary, we have been most; liberal in our
1909.
appropriations for the protection of the healti| of the American
. The message also returned t® the Senate, in compliance with people. That enormous sum is supplemented %y appropriations
Rs request, the bill (S. 3087) for the relief of the Pfcnt Invest by every State and city in the country, which Sjwell the amount
ment Co., of New York, N. Y #
o verv great proportions.
ENROLLED*) BILLS SIGNED.
Now, Mr. President, the bill which is before us is as follow s:
The message further announced that the Speaker o f tflfe House % B e i t en a cted , etc .. That there shall be established iif the Department
ot Commerce ami Labor a bureau to be known as the Children's Bureau
mid signed the following enrolled bills, and they were thereupon
* ec. 2. That the said bureau shall be under the dire&tion of a chief’
signed by the Vice President:
to«be appointed by the President, by and with the advice and consent of
S -1650. An act to amend section 110 o f “ An act to fedify, tins*.Senate, and who shall receive an annual compensation of $ 5 0 0 0
said
investigate
upon all
revise, and amend the laws relating to the judiciary,” api%>ved Tintto thebureau shall children and and report and shall matters pertain
ing
welfare of
child life,
especially inves
March 3, 1911;
J
„
tigate the questions of infant mortality, the birth r a ti orphanage
II. R. 2973. An act to .a mend an act entitled “An act to co®fy, juvenile courts, desertion, dangerous occupations, accidentsVand diseases
employment,
children in.,the several
revise, and amend the law s relating to the judiciary,” approved of children,Territories, andlegislation affecting have a bearmg upon the
States And
such other facts as
March 3, 1911; and '
welfare of children. The chief of said bureau may from tmie to time
publish the results of these investigations..
II. R. 11321. An act to authorize the Twin City & Lake Sui
be in said
rior Railway Co. to construct a bridge across the St. Crop forSec . 3. That there shall chief, to bebureau, until otherwise provided
by law, an assistant
appointed by the Sefcetary of
liver between Chisago County, Minn., and Polk County, Wis.
Commerce and Labor, who shall receive an annual compensation of
Mr. REED. Mr. President, will the bills which have been!
received x l v i ithe other House lie over without being referred
from r
9G
^ m n m ittees until the special order is disposed of?
The VICE PRESIDENT. The bills will remain on the Vice
table until they are laid before the Senate, which
1 resident’s
http://fraser.stlouisfed.org/
Will not be until' after the special order has been disposed of.
Federal Reserve Bank of St. Louis
o f the
* PRINTING. Senate:
1520
CONGRESSIONAL RECORD— SENATE.
J anu ar y 30,
Mr. OVERMAN. They reported fTinC They found people who
had no stoves, who were cooking in the fireplace, and who
were not eating anything but corn bread and fried meat. I
presume the Senator has that conditionym. New Hampshire or
has had it in the days gone by.
/
%
Mr. GALLINGER. That is the way my mother used to cook,
I will say to the Senator, and shtywas the mother of 12 good
healthy children, 9 of whom are living.
Mr. President, a few years ago—five years ago to a clay—tlie
Mr. OVERMAN. And that iaf the way my mother cooked.
following bill became a law:
I do not see what the Federal /Government has got to say as to
Be it enacted, etc.. That the Secretary of Commerce and Labor he, whether my mother cooks b e / corn broad in a skillet or on a
and he is hereby, authorized and directed to investigate and report on stove.
/
the industrial, social, moral, educational, and physical condition ot
Mr. GALLINGER. Now/ Mr. President, in considering this
woman and child workers in the United States wherever employed,
with special reference to their age, hours of labor, term of employ question, I have tried to l/ok at it reasonably and thoroughly.
ment, health, illiteracy, sanitary and other conditions surrounding their I have no prejudices or, prepossessions. If I have any pre
occupation, and the means employed for the protection of their health,
possessions, they are in.favor of doing anything that might be
person, and morals.
Sec. 2. And for the purposes of this act the Secretary of Commerce asked for the benefit o f the women and children of the United
and Labor is hereby directed to utilize in so far as they be adequate States; but in lookin/over this matter I have not been able to
the forces of the Bureau of Labor and Bureau of Census.
find that there are such grave abuses as some gentlemen im
Sec. 3. That this act shall take effect immediately.
Approved, January 29, 1907.
agine exists. I fmij/that in the mill villages, North and South,
We even went to the extent, Mr. President, in that law of there are night schools liberally supported by the mill owners’
placing in the hands of the National Government, through clerks and in most StataC there is a compulsory education law, which
and agents that were sent out over the country, the power to takes care to a yery large extent of the employment of children
go into the homes and the communities of the several States in our factorie/. There are doubtless some abuses and there
and inquire into the morals of the people—a most extraordi are violations fit the law, as there are violations of every other
nary power, it seems to me. No appropriation was made in that law that is oft the statute books. I find that one expert made
bill, and I call attention to that fact for the reason that it is this report f s to the moral conditions of the mill operatives:
said, “ Oh, there is only $29,000 appropriated in this hill; it is
In nearly/fell of the smaller mill villages, in all the States alike, the
a mere bagatelle; it does not amount to anything ” ; but, Mr. operatives aR a body are sober and well behaved. There is usually good
order and /But little drinking, and there is seldom need for a civil officer
President, by going to the Revised Statutes, I find that very to make i n arrest. In the country mills, especially, this is true, in
shortly after the passage of that bill an appropriation of practically all country mill villages the moral standard is high, in
$150,000 was made to carry out the purposes of that simple those villages the people live so closely together that their actions are
known/to all
and
little bill that we passed while sitting in our seats and paying will not he sotheir neighbors, and immorality can not be concealed, who
readily tolerated as in larger communities. Persons
little attention to it. The Senator from North Carolina [Mr. . may/he guilty of immoral practices are forced to move, either by the
O verm an ] said we appropriated $300,000, but I think, unless milPofficials or by general sentiment among the operatives themselves.
In the
mills the moral standard of the
there was a subsequent appropriation, the amount appropriated operativescitiesawhere there are several is high. The standard depends
in
majority of the mills
largely xrpon the attitude of the mill managers and the character of the
was $150,000.
Mr. OVERMAN. It was $300,000. After that it cost $S9,000 /overseers. Many mill officials hold themselves responsible for the conanyone known to
to print the report; and instead of there being 19 volumes, as In 'duet of their operatives, and will not permitthe mill company. he im
moral to occupy the houses which belong to
stated on a former occasion, there are 45 volumes, about 20-odd
Mr. President, that is a great tribute to the mill operatives,
volumes yet to be printed. I went to the document room a p
asked how many volumes had been distributed, and I tiling I and if any good comes out of this report that paragraph ought
to be placed at the head of any finding that may be reached.
was told 5 out of the entire number printed.
/
They did find that in some o f the mill towns the boys chewed
Mr. GALLINGEIt. Mr. President, I also went to the docu
ment room; I knew nothing about this until the Senate/ from tobacco, smoked, and did some other things that would likely
North Carolina called attention to it; and I got 12 /m imes. be better for their health and their morals if they refrained
This [exhibiting] is volume 1, one of the larger vo/imes of from doing; but, Mr. President, we need not go beyond the con
the series. Some of them are much smaller, and I/w as told fines of the District of Columbia to find that those same prac
there was quite a number to follow. I have b / n looking tices are prevalent in the higher levels of society and even
indulged in by women. There is nothing in this report, how
this one volume over-----.
/
ever, that goes to show that the “ turkey trot ” has been in
Mr. BORAH. Mr. President-----/
The VICE PRESIDENT. Does the S e n a t/ from NeW vogue in the mill towns of New England or of the South. So
that when we come to the question of morals in the mill towns
Hampshire yield to the Senator from Idaho?
/
we can safely confine ourselves to the facts rather than to
Mr. GALLINGER. Certainly.
/
air. BORAH. Do I understand that the S/nator from New arraign a community or a great industry because of some
things such as these agents discovered to exist.
Hampshire thinks that the appropriation wag too large?
Mr. President, let us look'at this bill and see what it proposes
air. GALLINGER. The Senator from N /v Hampshire does
not think the appropriation was too largf for the work that to do. What are they going to investigate that has not been
was done, but he thinks that the w o r / that was done was investigated? They are going to inquire—
Upon nil matters pertaining to the welfare of children and child life
absolutely of no account. lVlio on earni is going to read IS
’
volumes on this or any other subject in this busy age of ours? and shall especially investigate the questions of Infant mortality.
Mr. President, I have a bulletin that came to me three days
arr. BORAH. The point I desired/io suggest was, that the
fault was likely the result of the jriaccuracy of action upon ago from the Census Office which deals with this very question
the part of Congress rather than due to the cause for which and why do we want to duplicate it? It gives the general
the money was appropriated. I P Congress had appropriated death rate, causes of death, death of infants from each cause
$50,000 or $25,000 the work whiqh was necessary to have been by days for the first week of life, by weeks for the first month,
done would bave been done, and the unnecessary work would and by months for the first two years. That work has already
not have been done; but the eattse itself is not to be condemned been done by the Census Office, and yet in this bill we propose
because Congress does not properly exercise its judgment in to establish a new bureau for the purpose of inquiring into
that same question of infant mortality.
taking care of the situation, ,/
Mr. GALLINGER. Mr. President, every uplifter wlio to-day
“ The birth rate.” Why, Mr. President, I apprehend that
is demanding that we shall pass this bill demanded that we every State in the Union lias a board o f health. I apprehend
should appropriate this large amount of money. If we had that every city in this country has carefully collated vital
not appropriated it, it/w ould have been said that we were statistics that answer that question; and just what good is
unresponsive to the benevolent and Christian demands of the going to come out of the Government of the United States
people of the country. The money was appropriated; the inquiring in the several States as to the birth rate and pub
money was spent in / i e investigation by clerks and by so-callecl lishing it in a bulletin is beyond my comprehension.
special agents; and the result is that we have got this mass of
“ Orphanage, juvenile courts.” Mr. President, we bave a
printed matter, which will go into the scrap heap in a very juvenile court in the District of Columbia—I think one of the
short time because' nobody is going to take the time to read it. best in the country—and I venture the suggestion, for the bene
They inquired Into the morals of the people. The Senator fit of the good people who are promoting this legislation, that
from North Carolina says that they found in his State that a $900 clerk in. that court will answer every question that can
boys were chefrwjjg tobacco. I believnthey did not find tM t be 'propounded to him from every city in every State of the
;
sin prevalent in tiuT'NTnr England States, although I presume American Union, and give the inquirers all the information
there are some people who indulge in that bad habit even in that they possibly could desire to procure concerning the opera
New England.
tion of juvenile courts. Why should the Government go into
$2,100; 1 private secretary to the 'chief of the bureau, who shall
receive an annual compensation of $1,500; 1 statistical expert, at
$2,000 ; 2 clerks of class 4 ; 2 clerks of class 3 ; 1 clerk of class 2 ; 1
clerk of class .1; 1 clerk, at $1,000: 1 copyist, at $900; 1 special agent,
at $1,400; 1 special agent, at $1,200; and 1 messenger, at $1,440.
Sec. 4. That the Secretary of Commerce and Labor is. hereby directed
to furnish sufficient quarters for the work of this bureau at an annual
rental not to exceed $2,000.
Sec. 5. That this act shall take effect and be in force from and
after its passage.
CONGRESSIONAL RECORD— SENATE
1912.
------------------------------------------- .------------------ --------- ---- —
-----yP------------removal of the special tax on oleomargarine; to the Committee
on Agriculture.
Also, memorials of Brokenstrau Grange, No. 407, Patrons of
Husbandry, of Youngsville, P a .; o f Farmington Grange, No. 837,
Patrons of Husbandry, of Russell, P a .; of Lake Grange, No.
134G, Patrons of Husbandry, o f Mills, P a .; of Mountain Grange,
No. 1152, Patrons of Husbandry, o f Tidioute, P a .; o f Rasselas
Grange, No. 11S, Patrons o f Husbandry, o f Wilcox, P a .; and
of Summit Grange, No. 1115, Patrons o f Husbandry, o f St.
Marys, Pa., asking that certain defects existing in the Federal
statutes governing the traffic in oleomargarine be remedied; to
the Committee on Agriculture.
Also, memorial o f the First Presbyterian Church of Warren,
Pa., in favor of House bill 1G214, for the passage o f an effective
interstate liquor law ; to'th e Committee on the Judiciary.
By Mr. STEPHENS of Nebraska: Petition of Roy G. Shelter,
o f Petersburg, Nebr., protesting against the passage of Senate
bill.237; to the Committee on the District of Columbia.
By Mr. S U L ZE R : Memorial of the Chicago Backer Gesang
Verein, o f Chicago, 111., urging investigation of the administra
tion of the immigration office at Ellis Island; to the Committee
on Immigration and Naturalization.
By Mr. T IL SO N : Memorial of London (Conn.) Business
Men’s Association, against abolishment of the Revenue-Cutter
Service; to the Committee on Interstate and Foreign Commerce.
By Mr. UN DERH ILL: Petition o f citizens o f Tomlesville,
N. Y., protesting against the passage of any bill to reduce the
duty on potatoes; to the Committee on Ways and Means.
By Mr. U TTER : Papers to accompany House bill 11463;
granting an increase o f pension to Warren M oone; to the Com
mittee on Invalid Pensions.
.
y
Also, papers to accompany bill granting an increase o f penF
sion to Lewis B. F ield ; to the Committee on Invalid Pensions^
Also, petition of Benjamin A. Northup and other citizeiylf of
Davisville, R. I., favoring the Snlzer parcel-post b ill;
the
Committee on the Post Office and Post Roads.
/
Also, petition of J. E. Warburton and 3 other citizens of
Pawtucket, It. I., favoring the Sulzer parcel-post buff; to the
Committee on the Post Office and Post Roads.
/
Also, petition of Grange No. 44, Patrons of I husbandry, in
favor of parcel post; to the Committee on the Hist Office and
Post Roads.
/
By Mr. W H IT E : Petitions of citizens o f ifluskingum and
Washington Counties, Ohio, remonstrating aapinst any legisla
tion to extend the parcel-post system; to thgrCommittee on the
Post Office and Post Roads.
/
P>y Mr. YOUNG o f Kansas: Petitions ofJutizens o f Beloit and
Osborne, Ivans., remonstrating against extension of the parcelpost system ; to the Committee on tli^ Post Office and Post
Roads.
/
Also, petition of citizens of the Stjfte of Kansas, in favor of
the Berger old-age pension b ill; to Jme Committee on Pensions.
Also, petitions o f citizens o f IHfnsas, asking for a general
parcel-post la w ; to the C om m it^ / on the Post Office and Post
Roads.
/
Also, petitions o f citizens o f Wfmsas, asking a reduction o f the
duties on raw and refined sujfars; to the Committee on Ways
and Means.
f
SENATE.
W EDNESiyrv,
January 31, 1912.
( Continuation of IcgislJtive day of Tuesday, January 30, 1012.)
The Senate met atytlie expiration of the recess, at 12 o’clock
hr, Wednesday, Jantruy 31, 1912.
/ PLANT
IN V E S T M E N T CO.
The VICE PRESIDENT laid before the Senate the bid (S.
3087) for the relief of the Plant Investment Co., o f New York,
A- Y., returned Jrom the House of Representatives in compliance
with the requast of the Senate.
The V ICE /PR ESID E N T. Without objection, the vote by
Which the biif was passed is reconsidered, a motion therefor hay
ing heretofore been entered; and, without objection, the bill is
recommitted to the Committee on Claims.
/
H O U S E B IL L REFERRED.
H. Ik 1618. An act amending paragraph G o f the act relating
to the Metropolitan police force was read twice by its title and
deferred to the Committee on the District of Columbia.
THE
M ETAL
SCHEDULE.
The bill (II. R. 18G42) to amend an act entitled “An act to
provide revenue, equalize duties, and encourage the industries
o f the United States, and for other purposes,” approved August
5, 1909, was read twice by its title.
Jr
Mr. REED. I move that the bill just rejy f be referred to
the Committee on Finance with instructioiyf to report within
20 days from this date.
f
The VICE PRESIDENT. The SenatmTfrom Missouri moves
that House bill 18G42 be referred to
Committee on Finance
with instructions to report the saidrlbill back to the Senate
within 20 days from this date. The question is on agreeing to
the motion o f the Senator from Missouri.
Mr. PENROSE. Mr. Presidyfr, of course the Committee on
Finance will have to abide J # the decision of the Senate on
this question. I simply desm> to call the attention of the Sen
ate to the fact that apparently no opportunity has been given in
the House of Representatives or by the Committee on Ways and
Means to give the vast ifnd numerous interests concerned in this
schedule any opportunity for a hearing. I am in receipt, as I
suppose other mciyllcrs of the committee and other Senators
are, o f numerousyvequests for an opportunity on the part of
manufacturers Jo present their views regarding the several
paragraphs ofJPne bill.
I do not lylneve it will be possible to give an opportunity for
a proper h ir i n g within the time fixed by the motion of the
Senator Jr>m Missouri. Many of the persons who desire a
hearineyfeside on the Pacific coast and at a distance and they
have J rcon fer with their associates in order to select the personsJvho are most competent and best able to come here to
reia^esent them. Anyone who is at all conversant with the ordi
nary course o f these matters will realize, without further explajmtion, that the time fixed makes it physically impossible to
^give a fair hearing to the parties concerned, and it is mani
festly unfair to discriminate by giving an opportunity to those
near by to be heard and not afford an equal and similar oppor
tunity to those at a distance.
I simply desire to record my protest-----Mr. LODGE. Mr. President-----The VICE PRESIDENT. Does the Senator from Pennsyl
vania yield to the Senator from Massachusetts?
Mr. PENROSE. I do.
• Mr. LODGE. I only desire to make a point o f order.
The VICE PRESIDENT. The Senator from Massachusetts
will state his point o f order.
Mr. LODGE. The Senate is now acting under a unanimousconsent agreement, which was to take up the children’s bureau
bill and dispose of it on the same legislative day. A unanimousconsent agreement of that character has always been held in
the Senate to exclude all other business. The question of the
reference of a bill which may lead to a great deal of debate is
certainly other business.
The VICE PRESIDENT. The Chair thinks that the pro
vision o f the rule which permits the Chair to lay before the
Senate at any time messages from the House o f Representa
tives makes it permissible for the Chair to lay this measure,
before the Senate now. But if it is the desire o f the Senate
to proceed with the special order, the Chair feels sure that all
Senators would be entirely willing that the Chair shall with
draw the message now from presentation, and present it later.
Mr. LODGE. I did not intend to make a point o f order on
the Chair’s laying the message before the Senate, which may
be done at any time. I make the point of order on the intro
duction o f new business, which is to refer the bill with in
structions, in the middle o f a unanimous-consent agreement.
I think the question o f reference ought to go over.
The VICE PRESIDENT. It seems to the Chair that there
must accompany the right to lay a proposition before the
Senate a disposition o f it in some way. But the Chair sees
no possible objection to the Senate permitting the matter to
stand until the other business is disposed of.
Mr. REED. Mr. President, I am inclined to concur in the
opinion o f the Senator from Massachusetts. All that can be
done is merely to lay the matter before the Senate, but with
out any action by the Senate at this time. Nevertheless, be
cause the bill was laid before the Senate, and under the
ordinary procedure here it goes to some committee, I thought
it was necessary to make the motion at this time. I am quite
content that the matter shall be held in abeyance until we have
disposed of the matters included within the unanimous-consent
agreement. /
Mr. PENROSE. I would suggest to the Senator from Massa
chusetts that he do not press his point of order. The matter
has come up while many Senators who are interested in the
question are present in the Chamber. It will be very uncer
tain when it will come up again,-and it might be quite in
convenient for many o f us.
1564
CONGRESSIONAL RECORD— SENATE.
J anu ar y 31,
— ----------------------------------------------------------- -r--------------------------Mr. BOIiAH. Mr. President, I desire j/6 call for the regular the Labor Bureau. It will recommend whatever appropriation
is necessary to carry out the duties prescribed in the bill.
order.
jf
The Senator will remember that the Bureau- of Labor was
The VICE PRESIDENT. The Chaijj^xhinks the regular order
is the disposal of the bill which heJ^hs laid before the Senate. ordered to make the prior investigation, and the bill carried no
The Chair is not inclined to the opinion expressed by the Sena appropriation whatever. Therefore the Secretary of the In
tor from Massachusetts that therejfioes not accompany the right terior sent an estimate to the Appropriations Committee of the
to lay before the Senate a message from the House the dis amount necessary to carry out the provisions of the bill, and
the money was duly appropriated. Of course, Congress having
posal of that message.
f
Mr. LODGE. Mr. P re sid e ^ I said I did not want to press provided for this investigation to be made, it will necessarily
that point; but under the jffnanimous-consent agreement I do make the necessary appropriation to carry it into effect.
Mr. IIEYBURN. I did not catch the word. Was it to collate
not think any other busings, laying messages or anything else,
is in order. That is mei^y my opinion that I offer. I do not or was it to collect information?
Mr. OVERMAN. “ The Bureau of Education, under the di
think anything can supersede the unanimous-consent agreement.
rection of the Secretary of the Interior, shall investigate and
Mr. BORAH. Mr. Resident-----The VICE PRESIDENT. May the Chair suggest the reading report.”
Mr. IIEYBURN. Oh, that is it.
of the rule? SectioiyC! of Rule VII is:
The VICE PRESIDENT. The question is on agreeing to the
Tlie Presiding O fF may at any time lay * * * and any ques
ffice
tion pending at thatyfime shall he suspended for this purpose.
amendment of the Senator from Ohio [Mr. P o m e r e n e ] , which
Mr. LODGE. A unanimous-consent agreement, I think, sets the Secretary will read.
Mr. POMERENE. The amendment which was offered the
that rule aside^md suspends it, because otherwise the unani
mous-consent Agreement would be almost valueless. Business other day was somewhat hastily drawn, and I have redrafted
might be laidr before the Senate to any extent and destroy'all it, making it a little more definite but adding nothing in addi
the time foy debate under the unanimous-consent agreement.
tion.
The VICE PRESIDENT. May the Chair make this sugges
The VICE PRESIDENT. The Senator from Ohio with
tion, whiyi will obviate all difficulty. Without objection, the draws his former amendment and offers the following amend
messagey from the House will lie upon the table for future ment, which will be read.
disposal
The S e c r e t a r y . On page 2, lines 7 and 8, strike out the words
Mr/REED. That is satisfactory.
“ The chief of said bureau may from time to time publish the
Tim VICE PRESIDENT. Is there objection? The Chair results of these investigations ” and in lieu insert:
hears none. The Chair lays before the Senate Senate bill 252.
The chief of said bureau shall tabulate the reports so collected, and
PRO PO SED
C H IL D R E N ’ S B U R E A U .
The Senate resumed the consideration of the bill (S. 252)
to establish in the Department of Commerce and Labor a
bureau to be known as the children’s bureau.
The VICE PRESIDENT. The pending question is on the
amendment proposed b y the Senator from Ohio [Mr. P o m e r e n e ] .
Mr. OVERMAN. Mr. President, before the discussion is pro
ceeded with, I desire to offer a substitute for the bill. I will
ask the Secretary to read it.
The VICE PRESIDENT. The Senator from North Carolina
proposes a substitute for the entire bill?
Mr. OVERMAN. Yes, sir.
The VICE PRESIDENT. An amendment is pending, which,
of course, must be disposed of before the substitute can be
voted upon.
Mr. OVERMAN. What is the pending amendment?
The VICE PRESIDENT. The amendment of the Senator
from Ohio [Mr. P o m e r e n e ] , A motion to strike out and insert
can not be entertained without first perfecting the matter
which it is proposed to strike out.
Mr. GALLINGEIt. Let the proposed substitute be read for
the information of the Senate.
Mr. OVERMAN. Let it be read for information.
The VICE PRESIDENT. The Secretary will read the pro
posed substitute.
The S e c r e t a r y . It is proposed to strike out all the text o f
the bill and to insert after the enacting clause:
That the Bureau of Education, under the direction of the Secretary
of the Interior, shall investigate and report upon matters pertaining
to the welfare of children and child life, having especial reference to
questions of infant mortality, the birth rate, orphanage, juvenile
courts, desertion, dangerous occupations and accidents incident thereto,
diseases of children, employment, legislation affecting children in the
several States and Territories, and such other facts of like nature as
have a bearing upon the welfare of children.
Sec. 2. The results of the investigation herein directed and provided
for shall be reported to the Secretary of the Interior on or before the
1st day of February, 1913, and the Secretary of the Interior shall
forthwith transmit the same to Congress. Congress shall make pro
vision for the publication and distribution of said reports, or so m
uch
thereof as may be deem necessary and proper.
ed
shall from time to time publish said compilations and tabulations, to
gether with such recommendations as he may deem proper, but the
details of said reports shall not be disclosed.
The VICE PRESIDENT. The question is on agreeing to the
amendment of the Senator from Ohio.
The amendment was rejected.
The VICE PRESIDENT. The question now is upon the sub
stitute proposed by the Senator from North Carolina [Mr.
O v e r m a n ].
Mr. GALLINGER. I offer the following amendment to the
bill.
The VICE PRESIDENT. The Senator from New Hampshire
offers an amendment, which will be read.
The S e c r e t a r y . In line 1, page 2, insert, after the words
“ child life,” the words “ among all classes of our people,” so as
to read:
The said bureau shall investigate and report upon all matters per
taining to the welfare of children and child life among all classes of
our people, and shall especially investigate the questions of infant mor
tality. the birth rate, etc.
Mr. OVERMAN. I accept that amendment.
Mr. BORAH. Is it offered as an amendment to the substi
tute?
Mr. GALLINGER. It is offered as an amendment to the bill,
I will say to the Senator.
Mr. OVERMAN. I thought it was an amendment to the
substitute.
The VICE PRESIDENT. It is an amendment to the bill.
Mr. BORAH. I have no objection whatever to the amend
ment. I think the bill is undoubtedly to that effect now, but if
there is any doubt— —
Mr. GALLINGER. This makes it clear.
Mr. BORAH. I do not object to it if it is thought proper to
put it in, although I think it pure tautology.
The VICE PRESIDENT. The question is on agreeing to the
amendment offered by the Senator from New Hampshire. [Put
ting the question.] The noes have it, and the amendment is
rejected.
Mr. GALLINGER. I trust the question wall be put again.
Let Senators vote.
The VICE PRESIDENT. The question is on agreeing to
the amendment of the Senator from New Hampshire.
The amendment was agreed to.
Mr. GALLINGER. I offer another amendment.
The VICE PRESIDENT. The Secretary will read the
amendment.
The S e c r e t a r y . In line 3, page 2, after the word “ rate,”
strike out the comma and insert the words “ among all classes
of our people,” so that if amended it will read:
Mr. OVERMAN. Mr. President, instead of establishing a new
bureau with all the expense incident thereto, the proposed sub
stitute gives power to do exactly what the bill provides to a
bureau that is already established. It seems to me that it is a
proper part of the Bureau of Education, and it can be done
with very much less expense. The Bureau of Education can
collate all the facts that are given in the Census, in the Labor
Bureau, and elsewhere, and give the information all collated
that is desired by the supporters of the pending bill. I there
fore have introduced the proposed substitute.
Mr. BACON. I should like to inquire of the Senator from
The birth rate among all classes of our people.
North Carolina if he does not think that it would be necessary
The VICE PRESIDENT. The question is on agreeing to the
to vote some appropriation for the increased work that is im
amendment.
posed upon the Bureau of Education.
Mr. BORAH. May I ask for a rereading of the amendment?
Mr. OVERMAN. Whatever is necessary, of course, the Com
The Secretary again read Mr. G a l l i n g e r ’ s amendment.
mittee on Appropriations will provide, just like we did with
1912.
CONGRESSIONAL RECORD— SENATE.
Mr. BORAH. I call tlie Senator’s attention to tlie fact that
that does not add anything whatever to the authority that is
given already in the bill. I do not know the Senator's object
in introducing it. The same subject matter is already covered
by the general terms o f the bill, and the same subject matter
will be covered again by repeating it in a former part of the
bill. While I do not see any particular objection to,it, it adds
nothing to the bill.
Mr. GALLINGER. Mr. President, my purpose in offering
the amendment is that, in looking over these 12 volumes of
interesting literature, volumes that will be interesting possibly
to the antiquarians of the country after a few months, I find
that the investigations were made exclusively among the poorer
people of the country, and especially in the mill villages of the
country. I apprehend that will be duplicated if we establish
this bureau, and I want this investigation to be made among
all classes o f our people. I f we have race suicide in this coun
try, I think it will be found not to apply so much to the people
who have been investigated as to the people who have not been
investigated. I want to have a general investigation upon
this subject.
Mr. ROOT. Mr. President, I think it would be rather unfor
tunate to establish classes among our people by an act o f Con
gress. I do not think there are any: I would rather not have cy
law which says there are. There are no classes of the Ame
can people. I am against the amendment because it uses tj^at
expression.
The VICE PRESIDENT. The question is on agreeing tpfthe
amendment of the Senator from New Hampshire.
The amendment was rejected.
The VICE PRESIDENT. The question now is on the s )stitute offered by the Senator from North Carolina.
Mr. OVERMAN. I call for the yeas and nays on the a lendmeat.
The y e a s a n d n a y s w e re ord ered.
Mr. OVERMAN. I ask that the substitute be read.
Senators have come in since it was read.
The VICE PRESIDENT. Without objection, the subs|itute
will again be read.
The Secretary again read Mr. O v e r m a n ’ s substitute.
Mr. BORAH. Mr. President, I will not detain the SA ate
with an extended discussion o f the proposed substitute, bra I
will state that when the pending bill was originally introduced
and went to the Committee on Education and Labor it p r ,
vided that this proposed bureau should be in the Interio
Department instead o f in the Department o f Commerce and
Tabor. The hearings, however, disclosed the fact that those
Who had given great consideration to the subject, including the
then Commissioner o f Education, thought that the bureau
should be established in the Department of Commerce and
Labor. While I shall not and could not now state in extenso
tno reasons for that, I will say that it was after a hearing
before the committee that the bill was changed in that respect.
M itli reference to not creating a bureau and thereby saving
expense, it was found that this work could not be done any
cheaper or any better in any other way than it could be done
by creating a bureau, but that if there was a central authority
nnd a responsible head the work would be done just as cheaply
hnd more effectively and more successfully than if it were placed
hnder the Commissioner o f Education. For the reasons which
were heard in committee we concluded to put the bureau under
the Department of Commerce and Labor, and also to create a
separate bureau, because we could not find that it would be
aiW saving whatever not to create a bureau and place it else
where.
The VICE PRESIDENT. The question is on agreeing to the
substitute offered by the Senator from North Carolina [Mr.
D vekaian ] , on which that Senator asks for the yeas and nays.
1he yeas and nays were ordered, and the Secretary pro
ceeded to call the roll.
, - '• CLAPP (w h e n h is n am e w a s c a lle d ). I h av e a p a ir w ith
the senior Senator from Florida [Mr. F l e t c h e r ], w h o is absent.
he were present, I should vote “ nay.”
Mr. PAGE (when Mr. D i l l i n g h a m ’ s name was called). My
colleague [Mr. D i l l i n g h a m ] is necessarily absent from the
Chamber attending upon the Lorimer investigating committee.
is paired with the senior Senator from South Carolina [Mr.
t i l l m a n ].
,/r. BRYAN (when Mr. F l e t c h e r ’ s name was called). My
colleague [Mr. F l e t c h e r ] is absent on business o f the Senate.
Mr. THORNTON (when Mr. F oster ’ s name was called). I
announce the necessary absence o f my colleague [Mr. L ostee ],
and also that he-has a general pair with the junior Senator
from Wyoming [Mr. W a r r e n ].
1565
Mr. McCUMBER (when his name was called). I have a pair
with the senior Senator from Mississippi [Mr. P e r c y ], That
Senator being absent, and I not knowing what his vote would
be if present, I beg to withhold my vote on this subject. Were
I at liberty to vote, I should vote “ nay.”
Mr. REED (when his name was called). I have not a pair,
but I have a sort of understanding with the Senator from Michi
gan [Mr. S m i t h ] that I will not vote in his absence. I am,
however, reliably informed that he favors this bill, and I there
fore feel at liberty to vote under the circumstances. I vote
“ nay.”
Mr. TOWNSEND (when the name of Mr. S mith of Michigan
was called). The senior Senator from Michigan [Mr. S m i t h ]
is unavoidably absent from the city. I understand that he is
paired with the junior Senator from Missouri [Mr. R e e d ] , b u t
if present he would vote “ nay.” I am sure, therefore, that the
Senator from Missouri did right in voting.
Mr. TILLMAN (when his name was called). I have a gen
eral pair with the Senator from Vermont [Mr, D illingham ].
I transfer that pair to the Senator from Alabama [Mr. J o h n
s t o n ] and vote.
I vote “ yea.”
The roll calk having been concluded, the result was
nounced— yeas 30, nays 4Gf as follow s:
n
YEAS— 30.
Overman
Paynter
Simmons
Smith. Ga.
Smith, Md.
Smith, S. C.
Stone
Swanson
Bacon
Bailey
Bradley
Bryan
Chamberlain
Chilton
Culberson
du Pont
Gallinger
Heyburn
Lea
Lippitt
Martin, Va.
Newlands
O’Gorman
Oliver
Borah
Bourne
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Clark, Wyo.
Crane
Crawford
Cullom
Cummins
Curtis
Dixon
Gamble
Gardner
Gronna
Guggenheim
Hitchcock
Johnson, Me.
•Tones
Kenyon
Kern
Taylor
Thornton
Tillman
Watson
Wetmore
Williams
NAYS— 40.
Bankhead
Clapp
Clarke, Ark.
M>avis
Lodge
McLean
Martine, N. J.
Myers
Nelson
Nixon
Owen
Page
Penrose
Perkins
Poindexter
Pomerene
NOT VOTING— 15.
Dillingham
Johnston, Ala.
Fletcher
La Follette
Foster
Lorimer
Gore
McCumber
Rayner
Reed
Richardson.
Root
Shively
Smoot
Stephenson
Sutherland
Townsend
Works
Fercy
Smith, Mich.
Warren
So M r. O v e r m a n ’ s su b stitu te w a s rejected .
Mr. NEWLANDS. Mr. President, I am inclined to think that
the smallness o f the vote in favor of the substitute offered by
the Senator from North Carolina [Mr. .Ov e r m a n ] was due to
the fact that there was a misapprehension regarding the mean
ing of the substitute. There seemed t® be an impression that
the substitute limited the operation o f me bill to 1913.
Mr. OVERMAN. It was not so intended. I had my clerk
draw the amendment hurriedly this morning, but I did not in
tend that there should be such a limitation.
air. N E W L A N D S \ I will state, Mr. President, that I have
been throughout in harmony with fflie purpose of this bill, but
when it was reported t\ th is b o d j/b y the Senator fnpm Idaho
[Mr. B o r a ii ] I inquired whether 1/ie proper jurisdiction should
not be that of the InteriorNDepa/tment instead of the Depart
ment of Commerce and LaboX y have always been of the view
that the proposed bureau should be a part of the Interior De
partment, and I think it eminently proper that all the duties
proposed by this bill should W imposed upon the Bureau o f
e
Education in that department/ I ana sure that the vote for tlie
proposed substitute would have been, a much larger one if it
had not been for the misapprehension^existing with reference
to the operation o f the substitute offer«d by the Senator from
North Carolina [Mr. O v e r y / y n ] , and I lio\e that at some subse
quent period in the day another substitute, will be offered that
will not be subject to that/misunderstanding
Mr. SMITH o f Georgia/ Mr. President, I dame into the Sen
ate too late to hear the substitute read. I voted for it upon the
impression that it simply placed the same worl\in the Bureau
of Education in the Interior Department that tlite original bill
placed in the Department of Commerce and Labok I did not
vote for the substitute Jlipon any thought to lessen tlte effective
ness of the measure, but because of my familiarityNwith the
work o f the Bureau 6f Education I felt sure that if ip were
placed there it would he intelligently and well done.
The VICE PRESIDENT. The question is on the engross
ment and third reading of tlie hill.
1566
CONGRESSIONAL RECORD— SENATE.
Ja n u ar y 31,
Mr. OVERMAN. That is exactly what we did in the c;
Mr. BRANDEGEE. I move to amend the bill by striking
of
the Bureau of Labor.
out, on page 2, line 6, the following words:
Mr. BAILEY. According to the President, you do
And such other facts as have a hearing upon the welfare of children.
need
The effect of the language seems to me to add nothing to what any more.
Mr. BORAH. Mr. President, the substitute has^the vice of
is conferred hi the previous language of the bill, which provides
that the bureau shall “ report upon all matters pertaining to overlooking the question of an appropriation, jmd the work
presumably is to be carried out by an appropriation on a sub
the welfare ofVliildren and child life.”
sequent appropriation bill.
This languagevis:
Mr. OVERMAN. That is right.
And such other fiwts as have a bearing upon the welfare of children.
Mr. BORAII. The effect of the measureAiow before the Sen
If the bureau is tso report upon all matters pertaining to that, ate is to limit the amount to be appropriated and to prescribe
there can be no ottihy facts which have a bearing upon it. It who shall do the work, and it confines^Gie bureau to a certain
is surplusage, and I irtpve to strike it out.
amount of help.
The VICE PRESIDENT. The Secretary will state the amend
Mr. OVERMAN. Does not the Senator know that this officer
merit.
\
could send his estimate of the appropriation here and Congress
The S ecretary . On puge 2, line 6, after the word “ Terri would appropriate the amount?
tories,” it is proposed to strike out “ and such other facts' as
Mr. BORAH. Congress likely*'would not pay any attention
have a bearing upon the welfare of children.”
to the Commissioner of Education, because the commissioner
The VICE PRESIDENT. Vhe question is on agreeing to the has said it ought not to be uiyler his jurisdiction and should be
amendment. By the sound theV‘ ayes ” have it, and the amend under another and separator bureau. The very object of the
ment is agreed to.
\
bill in its present form is/to avoid this unlimited power and
Mr. BACON. I rise to a parliamentary inquiry.
also to prescribe the limit/of the appropriation.
The VICE PRESIDENT. The Senator will state it.
Mr. GALLINGER. Will the Senator from Idaho permit me?
Mr. BACON. Is the bill in the Committee of the Whole or
Mr. BORAH. I yield:
in the Senate?
\
Mr. GALLINGER. Does the Senator really believe that the
The VICE PRESIDENT. The bill i\in the Senate. ~
Mr. BACON. It has been reported from the Committee of appropriation in this bill will be sufficient to do the work?
Does not the Senator know, as a matter of fact, that we will be
the Whole, then?
\
The VICE PRESIDENT. Yes. Are there further amend asked for an additional appropriation to -carry out the purpose
o f the bill now before the Senate?
ments to be offered?
\
Mr. B O R A H ./I do not know. I know we went very exten
Mr. WILLIAMS. I call for a division upoifvtlie last vote.
The VICE PRESIDENT. In the absence hf objection, the sively and in detail into the question when the matter was be
Chair will again put the question on the amendnaent offered by fore the complittee, and we thought that this bureau could be
organized afid the work be begun with this appropriation.
the Senator from Connecticut [Mr. B r a n d e g e e ] . \
The amendment was agreed to; there being, on V division— Whether op not there shall be more money appropriated will
depend upon the facts submitted to Congress, and I think the
ayes 28, noes 23.
\
The VICE PRESIDENT. The question is on tlnh engross next-Congress will be as wise as this Congress and will be able
to determine whether it should appropriate more or less for
ment and the third reading of the bill.
\
The bill was ordered to be engrossed for a third reading and this bureau. I have no doubt, if the work is done as it should
be done, there will be more appropriations, but I assume there
read the third time.
\
will jSe no appropriation unless there is a necessity for it.
The VICE PRESIDENT. Shall the bill pass?
\
Mr. GALLINGER. Does the Senator think that G clerks are
Mr. OVERMAN. I should like to have the amendment I in
troduced, in order that I may change it in the respect suggested. gqlng to be able to go into the 4G States of the American Union
I never intended to limit the operation of the bill at all, and I' and make this investigation?
Mr. BORAH. I have no idea that six clerks will be able to
should like to submit the amendment making it unlimited.
*
The VICE PRESIDENT. It will be necessary, if any amend-^f npake as thorough an investigation as some people would have
ment is to be offered, to reconsider the vote by which the bill mMe, but they will be able to gather facts in the States, in con
was ordered to be engrossed for a third reading and read me nection with the work of the different States. It was not the
third time. If there be no objection, the votes by which /h e idea W those supporting the movement to create this bureau
bill was ordered to be engrossed for a third reading and read that uuj force here provided for would gather all the informa
tion, bu\ that it would compile for universal use such informa
the third time will be reconsidered.
/
Mr. OVERMAN. Mr. President, I have inserted in the sub tion as lays already been gathered in the different States.
stitute I have heretofore offered the words “ annually' there
Mr. GATLLINGER. But the bill specifically says they shall
after, and the Secretary of the Interior shall forthwith trans make an investigation of these questions.
mit the same to Congress,” to come in after the weirds “ 1st
Mr. BORAH. They shall investigate by gathering together
day of February, 1913, and.” I now offer the substitute modified the information in the different States.
in that manner.
I am frank t\ say that, if I had my way about it, instead of
The VICE PRESIDENT. The Senator from North Carolina* putting it at $29i(i00, I would put it at $129,000, and in a short
offers an amendment in the nature of a substitute for the bill, time facts would Ye gathered and sufficient publicity given that
which the Secretary will read.
there would be some forces, opposing the bill now, which would
The S e c r e t a r y . It is proposed to strike out all after the en at least change theiti system of doing business.
acting clause and to insert:
Mr. GALLINGER.Xl simply rose for the purpose of asking
That the Bureau of Education, under the direction of the Secretary the Senator, in all seriousness and good faith, whether he be
of the Interior, shall investigate and report upon matters pertaining lieves that the machinery provided in this bill is sufficient to
to the welfare of children and child life, having especial reference to
questions of infant mortality, the birth rate, orphanage, juvenile courts, carry out the purposes oV the bill?
Mr. BORAH. I do, in toe beginning of the work.
desertion, dangerous occupations and accidents incident thereto, dis
eases of children, employment, legislation affecting children in the sev
Mr. GALLINGER. In fcjie beginning of the work. If you
eral States and Territories, and such other facts of like nature as have
began it with a nickel, it would be just as efficient.
a hearing upon the welfare of children.
S e c . 2. The results of the investigation herein directed and provided
Mr. BORAII. I have no dbubt the Senator from New Hamp
for shall he reported to the Secretary of the Interior on or before the shire would like to confine it
a nickel.
1st day of February, 1913, aud annually thereafter, and the Secretary
Mr. GALLINGER. I have rtp doubt it would be as efficient.
of the Interior shall forthwith transmit the same to Congress. Con
gress shall make provision for the publication and distribution of said
Mr. LODGE. The machinery in this measure is just as ef
reports, or so much thereof as may be deemed necessary and proper.
ficient-----\
Mr. LODGE. Mr. President, ,1 understood that tliis was a
Mr. GALLINGER. For the foftner commission not a copper
reproduction of the other bill.. But it simply provides for a was provided, but I think $300,0011 was appropriated. I think
transfer to the Secretary of the Interior. It makes no pro the Senator from North Carolina was right in saying that if
vision whatever for doing the work and provides no additional the Bureau of Education called for an additional appropriation
force and no additional mofiey.
or additional help it would be forthcoming. So I think the
Mr. OVERMAN. It is exactly like the law for investigations statement made in behalf of the substitute, that in it no appro
by the Bureau of Labor.
priation is made, has no force, as we Very frequently legislate
Mr. LODGE. But he has no force with which to do it, and in that way. There is no difficulty abofit that afterwards. We
no money with which to do it, and no opportunity to do it.
respond to the demands of the different departments and make
Mr. OVERMAN. That is exactly what was done in that case. the appropriation if it is needed.
\
Mr. LODGE. We must make an appropriation. You can not
I think the Bureau of Labor during thi^session has received
do anything without an appropriation. The other bill provides $40,000, and I think it is probably being u*ed for the purpose
for additional clerks.
of this investigation, and in giving us so much literature. We
\\
\
X
1912.
CONGRESSIONAL RECORD— SENATE.
gion or gome oilier matter entirely without the purview of our
governmental functions.
I think'''«Mr. Jefferson, the patron saint of Democracy, shed
much light upon this subject. Says Mr. Story:
15 71
o f barter and sale, and in the other it is not. We sell cattle;
we do not yet sell children. But, Mr. President, it is not essen
tial that the thing shipped shall be the subject of barter and
sale in order for it to come within the scope of the interstateThe argument in favor of the construction which treats the clause commerce provision. A human being traveling from one State
as a qualification of the power to lay taxes has, perhaps, never been to another is as much within the purview of the interstate-com
presented in a More concise or forcible shape than in an official opinion
deliberately gived by one of our most distinguished statesmen. “ To merce clause as are hogs shipped from one State to the other. A
lay taxes to provide for the general welfare of the United States, is,”
hog shipped from one State to another is the subjqpt'of inter
says he (Mr. JefferJson), “ to lay taxes for the purpose of providing for
state commerce, whether it is sold or not. So, too. is a human
the general welfare.^ For the laying of taxes is the power and the
being. It is the shipment, not the sale, which istfetermining.
general welfare the purpose for which the power is to be exercised.
Congress are not to lay taxes ad libitum for any purpose they please,
You can not hang the appropriations for tlMfse other bureaus
but only to pay the deists or provide for the welfare of the Union. In
upon the interstate commerce provision. IL-you can, then you
like manner they are not to do anything they please to provide for the
can just as well make that provision angSTy to human beings
general welfare, but onlyVto lay taxes for that purpose.”
who pass from one State to another StateT
In further answer t<k the arguments limiting the constitu
I have no patience with the argument which maintains that
tional powers to those Specifically mentioned, the author, in we can appropriate money to culty&te corn, but we can not
paragraph 934, among other things, states:
appropriate money for the purposarof improving the condition
Every Government ought to contain within itself every power requi of children. I know it was stated here the other day that the
site to the full accomplishment of the objects committed to its care and
argument that “ we are treaiHng cattle better than we are
the complete execution of the trusts for which it is responsible, free
treating children ” is old amrthreadbare. Mr. President, when
from every other control but a r%ard to the public good and to the
security of the people.
a man is unable to answer^fii argument, he always has recourse
If, therefore, the Federal Governipent was to be of any efficiency
to the declaration th a t/it is old and threadbare. My ex
and a bond of union, it ought to be ihyested with an unqualified power
perience has been that/an argument which will last until it is
of taxation for all national purposes. In the history of mankind it has
ordinarily been found that in the usual progress of things the neces worn threadbare, lalfts because it has the strength which
sities of a nation in every state of itA existence are at least equal
springs from m e r it s I t lives long because it has the virility of
to its resources. But if a more favorably,state of things should exist
truth. A false fulfillment never gets threadbare; it is destroyed
in our own Government, still we must expect reverses and ought to
provide against them.
It is impossible to foresee all the various
before the threadbare period is reached.
changes in the posture, relations, and power of different nations which
When, theijffore, we declai’e that the Government is bestowing
might affect the prosperity and safety of our own.
We may have
formidable foreign enemies. We may have internal commotions. We
more care < jf the cattle and horses of the country than it is on
may suffer from physical as well as moral calamities ; from plagues,
the childani o f the land, it is no answer to reply, “ You have
famine, and earthquakes ; from political convulsions and rivalries ; from
often soAleclared in the past, and therefore your argument is
the gradual decline of particular sources of industry; and from the
necessity of changing our own habits and pursuits, in consequence of
threadbare.” The point is not how often has a thing been
foreign improvements and competitions, and the variable nature of
stated but is it true. No man has dared challenge the truth of
human wants and desires. A source of revenue adequate in one age
may wholly or partially fail in another. Commerce or manufactures
thebissertion we have made. It stands unanswered and undenied.
or agriculture may thrive under a tax in one age which would destroy
J r come now to consider another argument that has been rethem’ in another. The power of taxation, therefore, to be useful, must
not only be adequate to all the exigencies of the Nation, but it must Jfeatedly advanced, viz, that “ the parents of children are their
be capable of reaching from time to time all the most productive sources./ ^natural guardians and the Government ought not to interfere in
It has been observed, with no less truth than point, that “ in p olitical the homes of the land.”
Sir, if that was the purpose of this
arithmetic two and two do not always make four.” Constitutions S i
bill, if it was proposed by the bill to substitute governmental
government are not to be framed upon a calculation of existing exigen
cies, but upon a combination of these with the probable cxigenciji of
supervision for the loving care and protection of the father and
ages, according to the natural and tried course of human affairs. ^Fbere
mother, I would be against the bill. Every man in this body,
ought to be a capacity to provide for future contingencies as thafy may
regardless of politics, would rise to condemn the bill. But, sir,
happen; and as these are (as has been already suggested) ilkrrhitabfe
in their nature, so it is impossible safely to limit that capacu$\
when we simply inquire into the conditions under which men
Mr. President, the reading o f this authority, though/somewhat .live, we do not take away the independence of the citizen. We
prolonged and I doubt not wearisome to the Senateyrinds justi d,o not invade his home or assail his liberties. We allow him to
fication in the fact that it completely answers those who have continue to live as he may see fit, but we may gain and dissemi
here attempted to construe out o f the Constitution the general- nate useful knowledge o f which he can voluntarily avail himself.
Neither do we impinge upon the authority of the parent to
welfare clause. The position o f these SenatorsXs not sound in
control the child and educate it and nurture it and rear it as
logic and can not be supported by authority. /
On the contrary, that clause is in the Constitution, and be the parent chooses when we merely ask how many children
cause it is in the Constitution we have the J g h t to create these are employed in factories? How many men are coining the
various boards to make investigations anijr perform their mul blood of babies into money? What is the condition of the
titudinous duties. Pursuant to that pow^r we have gone down children thus employed?
The National Government has an intei’est in these grave
into the State of Texas to suppress thanboll weevil, the Texas
tick, and various other pests that at Zinies afflict that part of questions. I dislike to put that interest upon so low a ground,
but so long as the Government of the United States has the
the country.
/
Now, Mr. President, if we do noir possess the power to pass right to lay its\hand upon every citizen and muster him into
tins bill, or if Senators do not believe we possess the power, its Army, it has the right coincident to ascertain the conditions
then let us have the courage of /u r convictions, let us be con uniter which that future soldier is growing up. 1 do not mean
sistent, let us apply the doctrine to all existing boards which that the Government has the right to impinge upon the authority
come within the same rule. It I believed we had no constitu of the State to control its citizens. That is something of an
tional right to pass this bill,/l would oppose it to the limit of entirely different nature. The mere ascertainment of facts and
hiy ability, but I would fojr the same reason and with equal the dissemination of useful knowledge can not by any logical
zeal contend against the passage of an appropriation bill carry- mind be confused with a \ attempt to pass laws regulating the
%
*hS a single dollar to tliar Agricultural Department, the Labor conduct o f the citizen.
Why is this bill opposed%„ Why is it that men contend that
Unreau, or the other buueaus I have named.
I have no patience, Av, with that argument which suggests our right to expend the public revenues is comprehensive
stall but not broad enough to
that we can “ hang / n ” — I believe that was the expression enough to reach the ox in
used—the right to appropriate money for the improvement of embrace the child in its cradle\_ Why is this opposition com
breeds of cattle to/(h e intersta te-commerce clause o f the Con ing from Senators who representestates that have cotton mills
stitution upon the theory that some o f the cattle may be in them? Is it because pale-faceirtehildren are trooping every
shipped from one State to another. When we appropriate morning into the sweatshops of lab<%? Is it because there are
money to improyo the breed o f cattle, we do not provide that the unspeakable conditions in those mills??. Is it because men are
money used shall be expended only upon such cattle as may be putting the guinea stamp upon the s%il& of young children?
thereafter shipped from one State to another. We do not limit Or do they really fear they are treading upon the Constitu
the expenditure to the particular hogs that are thereafter to tion? Yet every one o f them has voted for these other bureaus
cross the/State line. We appropriate it for the benefit o f the time and agafin. They have voted to appropriate money for
tvhojergjfttle and hog industry. But if we were to limit the ex- the improvement o f cattle. They have voted money to im
pentttfures to the particular cattle and hogs which are after prove the breeds o f horses. They unhesitatingly vote money
wards to cross the State line, and that kind o f legislation could to publish a “ horse book,” which embraces every subject from
be sustained upon the ground that the money was used upon an the pedigrees of stallions to the proper feed for calves. But
animal that was to become the subject of interstate commerce, the little information that might, by means of this proposed
then, for the same reason, this legislation can be “ hung o n ” to board, be collected and sent out to the mothers o f this land
the interstate-commerce provision. It is true that in one case desperately alarms these same gentlemen. May we not rather
the subject of interstate commerce is also a common subject infer that there is the fear that this board may expose the
1572
CONGRESSIONAL RECORD— SENATE.
picture of little children in the very morning of their lives
herded into the shadows o f great mills that men may make a
profit from their toil which creates consternation in these
constitutional anatomies?
Mr. President, there is still another argument to be answer
It is that we are going to create a bureau here which will
some work which has already been performed. For that an
ment, sir, I have the profoundest respect. If it be true t/a t
this board will merely duplicate work which has already
done by
jing bureau or board, then we ought m
course, to>
r
this expense. I accord to the Senator
West Vir_
Mr. Chilton] the position in this debate of
forcefulness
logic. But, sir, I believe that the Senator#from
West Vir
‘erlooks this important fact, namely, tliatfwliile
these facts'
figures have been largely collected a id are
to-day in the
ports of various boards and various officers and
can be foun
'diligent and careful and prolonged searJi, they
are j
concrete form which will enable then* to be
giver
pple of this country so that they can bejreadily
lily understood.
grasj
The
we have these figures already widely scattered
fse various reports only argues two things, first,
throu
the need
of gathering them from the volumes aifd documents
itting them in succinct shape that the mothers and
father
legislators of the land can readily graft) them;
second, it argues that this work can be done for ainominal
sum. If we had to gather all of the information lly direct
investigation, if it had not already been largely accimnulated,
there might be some reason for the argument that tliifc bureau
would grow into very large proportions; but if the figures are
here, then so Hyucli the easier is the task.
I think, Mr,
esident, however, that the figures at band are
oubtless tl*re is much information ithat can
not complete,
pndensed, y I confidently assert therf remains
be collated a
be done an which ought to be don<
much which
I have no alienee with another lrgument,
Mr. Presic
?re was once board and that boardlpublislied
that because
nobody e**ei •ead, and that board fnade mis17 volumes wli
efore we should mfver again
takes and m&d blunders,
that
That is equivalent!to sayiiq
proceed to
that if any department of the Government or any ofifeer of the
Government Ins jjever mad a failure we should never again
attempt to dos]
thing hfc,ftuled to do. That argument, in
the last ar
would amlunt to the abolition o| every department c
Government^for there has not bfen one of
them that
le time has not made a failure Jr botch of
some piece
k. Most of ns^on the Democratic!side think
that l
the Repuwraaim’ residents have befm failures,
on electing I^yfsidents and are ol liged to get
and s
can with poorshuman beings,
alon_
Mr. 1
electing
of New Jer^y. We are thro
ents.
Republ
Mr. 1
es; we are through electing Republican Presidents, 1
liave no sooner elected a Democratic President
than oi
ican bretlft-en wjll become convinced that he,
in like m a n n e r , a failu
n il the greater life virtues the
stronger will be their c
ion;
The truth is that all flhese qffestions ought tofce settled ac
cording to tfteiJsact and reason of the matter. 1 Tiile some of
our departments^Rave wastecKmonev. wiiile undei some circum
stances and in dome instances the work has bee n poor, taken
as a whole mu%* good has resulted from departn total bureaus.
I assume it to be true that if the person selec ed to preside
over this work*%%ll be incompetent Congress ci ii discover it,
and 12 months fribm now can discontinue the woi it.
Neither do r t^gree with the argument which assumes that
this is simply thefbpening of the floodgates, and hat hereafter
our appropriati%qg|for this bureau will mount bey< jpd all reason.
That is a ffqegtiiyi which must be settled by each Congress as
each CongresXWmenes and proceeds with its bu|iness. So it
seems to me t^iVno valid reason has been offeree^ against this
bill.
,
I say ties, MrTTresident: I do not believe inVmultiplying
bureaus ancrhdo ftot believe in wasting public monXv. I stand
as might for eca^pmy as any other Senator. But I V n unwill
ing, JU^Presid^nU that economy shall begin with tlfe children
ofJthe land, aua^yid with the children of tlie land\that we
^expenen^todJtohs of thousands of dollars to incr\tse corn
and
pr<
tion, to improve the breeds of ca&le and
dissem
Ige with reference to the diseases \ f live
stock, bu
must stop short at the children of this
I think t1
objection to the bill, from some sourc^ at
least, lies in
act that there is a desperate condemn
amongst the children of the country in the factory States,
J a n u a r y 31,
that information on that subject is what is not desired by the
roprietors of those institutions.
Mr. OWEN. Mr. President, this bill, almost word for word,
passed the Senate during the preceding Congress on the 14th of
February, 1911, and without objection. The objections which,
are now urged so strongly against the constitutionality of the
bill appear not to have been considered at all by the Senate
at that time. Even the senior Senator from Idaho [Mr. H eybu rn ] gave his acquiescence to this bill on the 14th of February
a year ago.
I have no doubt of the constitutionality of this bill. I believe
that the Federal Government has a perfect right to provide for
its own self-preservation as a necessary implied power of the
Constitution. I believe whatever information is necessary to
be acquired by the Congress or the Senate, or by the Executive
Department, in the performance of their respective duties, is
fully justified. I believe that any information which is neces
sary to the “ general welfare” or the common defense of this
Nation is fully justified under section S of Article I. The time
for debating the meaning of that section has passed. The lan
guage is as plain as the English language can be made. It says
that the “ Congress shall have power to lay and collect taxes,”
“ to provide” for the “ general welfare” as well as the “ com
mon defense.” And the Congress has been providing for the
“ general welfare” all these years. So far has it gone with re
gard to such matters affecting the general welfare that we have
enlarged our Federal services so that in the Bureau of Animal
Industry we expended last year $1,654,750 to promote the ani
mal industry and conserve and develop animal life. We have
taken great pains to eradicate Texas fever in cattle. We have
many men in the field now engaged in this work, clearing up
one county after another in various States, pushing back the
quarantine line against Texas fever of cattle from one point to
another. It is now crossing southward my State of Oklahoma. In
side of State lines Federal officials under the Agriculture Depart
ment are now engaged in stamping out various diseases of cattle
which would otherwise interfere with the food supply of the Amer
ican people, and therefore be injurious to “ the general welfare.”
Congress has proceeded upon this theory ever since I was
born. Even gentlemen who have declared this bill was unconsti
tutional, within an hour voted for a substitute for this bill
by the Senator from North Carolina [Mr. Overman], which
contained every element of unconstitutionality of this bill, if it
be unconstitutional. What do these gentlemen mean by voting
for an unconstitutional provision on their several oaths, if in
reality they seriously think that such measure is unconstitu
tional ? The amendment proposed by the Senator from North Caro
lina [Mr. Overman] is just as open to the constitutional objection
as the bill brought in by the Senator from Idaho [Mr. B oraii],
Not only has this power in the Federal Government been ap
proved by Senate after Senate, and by Congress after Congress,
and by President after President, but it has met the universal
approval of the people of the United States. It is the acknowl
edged Constitution and the accepted law. We need not debate the
Constitution any more. The time has gone to consider the question
of the constitutionality of this power in the Federal Government.
We expended in the Plant Industry Bureau last year $2,6S0,41G—for. the protection of plant life— in the interest of
commerce, and now we can not spend $30,000 for the protection
of child life in the interest of humanity. Great is commerce ! It
ranks human life. I think it is of great importance to spend what
is necessary to protect this country against the insects which in
fect our forests, against the San Jose scale which affects the
orange groves of the country, and other injurious insects, but
shall we spend that money freely as “ constitutional ” and at the
same time be unwilling to expend a dollar for the conservation
of the child life of this Republic as “ unconstitutional ” ?
Four hundred thousand children die every year in this coun
try under the age of 12 months, and one-half of them, a vast
army of 200,000 little children, lift up their tender voices to
this Republic asking for protection from preventable diseases;
and we spend $2,674,000 to protect our forests from insects and
refuse to spend $29,000 for the conservation of the child life
of this Republic.
Child labor is useful in coining money in sweatshop and in
mines and in dangerous and unhealthy service, and greedy em
ployers must not be interfered with, even by public opinion based
on well-ascertained facts collated by a child’s bureau. Great is
commerce! It has more power than humane considerations.
When we have had this country assailed by bubonic plague,
has any man questioned the right of Congress to protect human
life by appropriations and sendees employed for that end? Did
we not spend a million on the Pacific coast for stamping out
the bubonic plague for the protection of human life, for the
• M>12.
CONGRESSIONAL BECOKD— SEN ATE
' “ general w elfare” ? But we may not spend a pitiful $30,000
to establish a bureau o f inquiry as to the best methods to pro
tect child life.
During the last season I sent 25,000 bulletins on how to take
care of iiogs into Oklahoma; not a bulletin on how to take care
of children. We see such a man as Straus, in New York, spend
ing his own private funds for the purpose of furnishing pas
teurized milk and teaching the people o f New York how they
can conserve child life. In that one simple instance thousands
of lives of little children were saved, and yet hundreds of
thousands of mothers know nothing about pasteurized milk or
how to take care of an infant, and may not have the bulletins
of a child’s bureau when they anxiously seek advice having au
thority because it is “ unconstitutional ” to have a child’s bureau.
This “ unconstitutional ” bureau for protecting child life by
gathering and distributing knowledge might interfere with
sweatshops and factories whore the labor of children is coined
into money, and such interests wiH-'oppose this bill and urge
on representatives fhe objection of unconstitutionality while
concealing the real reason.
In the Bureau of Chemistry we spend $965,780, and in the
Bureau of Entomology we spend $601,920, a bureau particu
larly devoted to the study of insects and bugs, and not a dollar
ls expended fo r the proper study of child life.
I agree that it is of importance to study the habits of the
boll weevil, and it is for the “ general w elfa re” to protect this
country against the ravages of that insect so deadly to our
great cotton crop. This study has very great commercial im
portance, because it will enable us perhaps to destroy the life of
this pest. But I believe also that we have a right to study
child life and give publicity, and the widest publicity, to a
knowledge of how to protect child life. It is a great national
asset. It has great commercial importance, if I must put it
upon that low plane. Every human being has a certain com
mercial value, and is worth so many hundreds or so many
thousands of dollars. Pie has a certain productive value if a
slave and a greater value if a freeman. Let us take steps to
preserve the lives of human beings as a commercial asset and
us a matter of prudent national business. The acquisition of
knowledge on this subject and its wide distribution is the
cheapest way to accomplish this end.
If this Nation is to be controlled by commerce alone, if it is
to disregard human life and consider nothing but commerce
and the vulgar sordid dollar, let tis consider the commercial
value of 200,000 children annually whose lives we might save.
Are they worth $500 apiece? Then they have a commercial
value o f $100,000,000 and this bill is justified as a means to
saving the vast sum invested in infants under 1 year of age.
I waive all sentiments o f humanity, the grief and anguish of
unlearned mothers and fathers unnecessarily bereaved of their
little children.
Mr. President, as a matter o f policy, this question has been
considered not only by learned men in this Republic but by
the learned legislators of the great nations o f the world abroad.
The German Empire has a complete method for considering and
investigating the conditions of child life with a view to pre
serving child life, and that wonderful nation, because o f its
interest in the preservation o f human life, is growing by giant
strides to be the master nation of Europe. Its great sons have
been a most tremendous asset to this Republic, ih ey do not
believe in race suicide. They raise large families and
e
children and care for them.
/
The German Empire has set us an example, and the Bri®sh
Empire has set us an example in their recent “ child s art ’
Providing for the study of the conditions of child life. Why stall
v>e hang behind the march of the civilized world and lose sigut of
the welfare of the little children o f the greatest people on earth?
I f it is competent authority we want, we have had tfose
Who are expert in this question give the most careful consicferation to this question. This bill has been recommended by(the
National Child Labor Committee, the National Federation of
P omen’s Clubs, the Conference on Dependent Children, conastln.8 of 200 men and women, the most learned in the world
With regard to this particular subject.
Among these distinguished Americans I call your attention to
^ few, for instance:
,.
.
His eminence Cardinal Gibbons; Mr. John M. Glenn, directoi
( . fhe Russell Sage foundation, New York C ity; Dr. S. M.
r
Lindsay, director o f tli° New York School of In ilun ihiopy,
^T
iss Jane Addams, Hull House, Chicago; Miss Lillian D.
''a id , of the Henry Street Settlement, New Y ork; Mrs. H or
a c e Kelley, secretary o f the National Consumers League; .
Mr. -Thomas Nelson Page, author and publicist; Mr. Lyon
B. Lovejoy, secretary of the National Child Labor Committee,
157
and Mr. A. J. McKelway, southern secretary o f the National
Child Labor Committee; Mr. J. Prentice Murphy, of the
Children’s Bureau of Philadelphia; Mr. Homer Folks, secre
tary of the State Charities Aid Association, New Y ork ; Hon.
Julian W. Mack, o f the Court of Commerce; Mr. Hugh F. Fox,
president of the Children’s Protective Alliance, New Jersey;
Dr. Ludwig B. Bernstein, superintendent of the Hebrew Orphan
Asylum, New York C ity; Judge Ben B. Lindsey, judge of the
juvenile court o f Denver; Judge N. B. Feagin, of the juvenile
court o f Birmingham, A la .; Mrs. Lucy Syckles, .superintendent
Michigan State Home for G irls; Mr. J. W. Magruder, secretary
of the Baltimore Charities Association; Mr. Hastings H. Hart
and L. F. Hamner, of the Russell Sage Foundation; Mr. Miles
M. Dawson, of the American Association o f Labor Legislation;
Mr. H. W irt Steele, executive secretary o f the American Asso
ciation for the Prevention and Relief of Tuberculosis; Miss
Mary Wood, representing the Daughters o f the American Revo
lution; Mr. Bernard Flexner, authority on juvenile court legis
lation, Louisville, Ky.
Mr. President, the argument has been made that this will
cause a duplication of work. That has been most abundantly
answered. It was answered a year ago by the head of the
Census, Director North. He stated that there will' be no dupli
cation in his department; that they were not concerned in
the questions which would be investigated by such a bureau
as this. Commissioner Neill, o f the Bureau o f .Labor, of the
Department o f Commerce and Labor, most emphatically said
that he thought this bureau ought to be established; and Com
missioner Brown, of the Bureau o f Education o f (lie Interior
Department, the very department where we were proposing by
an amendment to send this proposed bureau, also gave his testi
mony that the child’s bureau should be established, and that
it will not duplicate his work. These departments, which are
said to be concerned in this matter, have already testified in
favor of this measure, and the report will be found in the
R ecord o f February 14, 1911.
So tlie objections have nil been answered. The constitu
tionality is beyond doubt. The importance o f the policy I can
not think will be disputed by any humane man. No far-seeing
statesman should deny that the preservation of human life
and the conservation of the little children of this Nation is
one of the most important subjects Which can engage the con
sideration o f the Senate.
Lot us establish this bureau, and send out bulletins giving
reliable information to anxious mothers and fathers, to State
authorities, and to all who seek it, so that the knowledge of
child preservation shall become the common property of the
people o f the Republic.
Let us gather the facts and show when and where children
are unfairly exposed so that public opinion may protect them.
Let us have publicity so that we may protect the innocent
and precious, young life o f the Nation.
Let our people have the facts and they will verify the words
of the Book of Books, “ Ye shall know the truth, and the truth
shall make you free.”
Mr. BORAH. Mr. President, I suggest the absence of a
quorum.
The PRESIDING OFFICER. The Secretary will call the
roll.
The Secretary called the roll, and the following Senators
answered to their names:
Bacon
Bailey
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Bryan
Burnham
Burton
Chamberlain
Chilton
Ciapp
Clark, Wyo.
Clarke, Ark.
Crane
Mr. CLA1
Crawford
Culberson
Cullom
Cummins
Curtis
Dixon
du Font
Gal linger
Gardner
Gronna
Guggenheim
Heyburn
Hitchcock
Johnson, Me.
La Follette
Lippitt
Lodge
McCumber
of Wyoming.
McLean
Martin, Va.
Martine, N. J.
Myers
Nelson
New lands
Nixon
O’German
Oliver
Overman
Owen
Page
Paynter
Perkins
Poindexter
Pomerene
Rayner
Iieed
Richardson
Root
Shively
Smith, S. C.
Smoot
Stephenson
Stone
Sutherland
Swanson
Taylor
Thornton
Tillman
Townsend
Watson
Works
My colleague [Mr.
W arre
detained from the Chamber by illness.
Mr. PAGE. ,My colleague [Mr. D illingham ] is unavoidably
detained on business of the Senate.
Mr. POINDEXTER. My colleague [Mr. Jones] is unavoid
ably detained on public business.
The PRESIDING OFFICER. Sixty-nine Senators having
answered to their names, a quorum of the Senate is present.
1574
CONGE ESSIONA L E ECOKD— SEN ATE.
J a n u a r y 31
Mr. GALLINGER. Mr. President, I desire to ask the Sena ture, in my opinion, of the bill/"and indeed it would remove
tor from Idaho'SfMr. B orah ] having charge of the bill, if he the possibility of what I suggested last Thursday, that the
will be kind enough to look at line 9, on page 1, where it reads: head of a house might be compelled, in order to maintain his
own self-respect, to violate yfe law by forcibly ejecting an agent
The said bureau shall investigate and report upon all matters.
of this bureau out of his .house. However some Senators may
What has the Senator in mind as to whom this bureau shall be willing to run the Disk of having their homes entered by
report?
\
such an official and having such questions asked of them by the
Mr. BORAH. I suppd^e to the Department of Commerce and official as in his judgment pertains to tire welfare of children
Labor.
\
and of child life, I /fm not willing, and I sincerely hope that
Mr. GALLINGER. Theivwould the Senator have any objection the Senate will nog force such a condition upon those who are
to having the words inserted “ to such department” ?
unwilling. I may-add that, law or no law, it is not going to be
Mr. BORAH. Not at all. \
done in my hough. [Laughter.]
Mr. GALLINGER. Then, ag\n, would the Senator have any
The PRESIDING OFFICER. The question is on agreeing
objection, at the close of section 2, to insert the words I will to the amendment proposed by the Senator from Louisiana.
suggest? I will first read the sentdpce as it stands:
[Putting til/ question.] In the opinion of the Chair the ayes
The chief of said bureau may from time to time publish the results have it.
/
of these Investigations.
\
Mr. CLARKE of Arkansas. I call for a division.
Mr. BORAH. I ask for a yea-and-nay vote upon the amend
Would the Senator object to addink the words “ in such
manner and to such extent as may be prescribed by the Secre ment.
Thd yeas and nays were ordered.
tary of Commerce and Labor” ?
\
Mr. BORAH. No; I have no objection to 'that.
Mr. BORAH. Mr. President, before the roll is called I deMr. GALLINGER. Then, Mr. President, I move those amend siyfe to say that, of course, the adoption of this amendment
ments to the hill.
\
ould make it impossible for the officials of the department to
The PRESIDING OFFICER. The pending amendment is „o into some of the manufacturing establishments and other
that of the Senator from North Carolina [Mr. (G erman] in ,| places where they ought to go, and where it will *be necessary
the nature of a substitute.
\
# / for them to go. Such an amendment is, in effect, an invitation
Mr. GALLINGER. Then I will offer my amendments when for these places to close their doors.
the pending amendment is disposed of. The Senator’s'-^untyidMr. BAILEY. If the Senator from Idaho will attend closely,
ment, however, is a substitute. Would we not have the eight I think he will find that the amendment proposed by the Sena
to perfect the bill before the substitute is voted upon? X
tor from Louisiana reads that the officials shall not be per
The PRESIDING OFFICER. The right to perfect tj*e\ill mitted to enter over the objection of the head of the house.
has precedence.
Mr. THORNTON. That is right.
Mr. GALLINGER. Very well I offer the two amandmentsKj
Mr. BORAH. May I see the amendment, Mr. President’
which I have suggested.
/
\ The PRESIDING OFFICER. The Secretary will again read
The PRESIDING OFFICER, The amendments/ proposed the amendment to the Senate.
by the Senator from New Hampshire will be stated/
T he Secretary. In section 2, on page 2, line 7, after the
The Secretary. In section 2, on page 1, line /o , after the woi\l “ children,” it is proposed to insert the following:
word “ report,” it is proposed to insert the words “ to said de
P ro v id ed , That this act shall not be construed as attempting to
authorize the bureau created by it to enter into or remain in any
partment.”
/
premised in any State without the consent of the owner or occupant
The amendment was agreed to.
thereof.
The Secretary. It is further proposed, in section 2, on page
Mr. THORNTON. Mr. President, I wish to modify-----2, at the end of line 8, after the word “ investigations,” to strike
The PRESIDING OFFICER. Does the Senator from Idaho
out the period and to insert “ in such manner and to such ex
tent as may be prescribed by the Secretary of Commerce and yield to the Senator from Louisiana?
Mr. BORAH- I yield to the Senator.
Labor.”
/
Mr. THORNTON. I should like to modify my amendment
The amendment was agreed to.
/
The PRESIDING OFFICER. The question now is on the further by inserting the word “ private ” before “ premises.”
That
amendment proposed by the Senator frpm North Carolina [Mr. ment. is really what was in my mind when I drew the amend
O verman ], in the nature of a substitute for the entire bill.
The PRESIDING OFFICER. The modification as requested
[Putting the question.] In the opinion of the Chair the noes
have it. The noes have it, and the Amendment is disagreed to. will be made. Does the Senator from Idaho desire to hold the
floor ?
Mr. THORNTON. Mr. President do I understand that the
Mr. BORAH. Mr. President, I desire to say that that modi
bill is now in the Senate?
The PRESIDING OFFICER. The bill has been in the Senate fication proposed by the Senator from Louisiana does not
wholly remedy the defect. The bill would be very much weak
for some time, and is still in the/Senate.
Mr. THORNTON. Then, Me President, I wish to offer an ened, it seems to me. As I have said, it invites parties to shut
off investigation.
amendment.
/
Mr. BACON. The Senator from Louisiana means “ resi
The PRESIDING OFFICER. The amendment proposed by
dence.”
the Senator from Louisiana will be stated.
Mr. OVERMAN. “ Private homes.”
Mr. THORNTON. I ask/that the amendment be read, and
Mr. THORNTON. Then, I will say “ private dwelling ” to
then I •shall ask permission to make a few brief remarks in
comply with the request of Senators who favor the amendment
connection with it.
I
The Secretary'. In section 2, on page 2, line 7, after the word in that way. That was my idea. \
The PRESIDING OFFICER. The Chair understands the
“ children,” it is proposed to insert the following:
Senator from Louisiana modifies his amendment further by
P rovid ed , That this ac/ shall not he construed as attempting to au
thorize the bureau created hy it to enter into or remain in any premises changing the word “ premises ” to “ private dwelling.”
Mr. THORNTON. Yes, sir.
in any State without tjae consent of the owner or occupant thereof.
The PRESIDING OFFICER. The Secretary will make the
Mr. THORNTON/ Mr. President, on last Thursday, when
this bill came up fgv discussion, I very briefly outlined my oppo modification and then read the amendment as modified.
The Secretary. In section 2, on page I, line 7, after the word
sition to it, basing it upon two grounds: First, that I was op
posed to the grant of ever-increasing power to the Federal “ children,” it is proposed to insert the following:
P rovided, That this act shall
t
construed as attempting to
Government in matters which I thought more properly per authorize the bureau created by nottobeenter inrp or- remain m any
it tu emer miy o
l
in anv
tained to the powers of the different States of this Union; and, private dwelling in any State without the consent of the owner or
\
second, because, under the language of this bill authorizing occupant thereof.
and instructing the bureau to investigate and report upon all
\
Mr. BORAH. Mr. President-----matters pertaining to the welfare of children and child life,
Mr. GALLINGER. Will the Senator from Idaho permit me?
authority was given to permit employees of the bureau to invade
The PRESIDING OFFICER. Does the Senator from Idaho
the private homes of citizens of this country and to ask just yield to the Senator from New Hampshire?
Mr. BORAH. I yield to the Senator.
such questions and as many of them as were dictated by the
judgment or the inclination of the official. I object to any
Mr. GALLINGER. I desire to make an inquiry as to
official having the right to enter my home and to pry into my whether the words “ and such other facts as have ;t bearing
\
domestic matters. The object of my amendment is to prevent upon the welfare of children” were not stricken out?
The PRESIDING OFFICER. They were stricken out’.
that.
I do not say that even if the amendment were adopted the
Mr. GALLINGER. Then the amendment of the Senator from
bill would meet with my approval, for it does not; but it would Louisiana ought to come in after the word’ “ Territories,” in
certainly remove a very objectionable and very dangerous fea- line 6.
CONGRESSIONAL RECORD— SEN ATE.
1912.
The PRESIDING OFFICER That is correct. The que:
is upon agreeing to the amendment proposed by the Sen
from Louisiana,.
Mr. BORAH.' Mr. President, I desire to say that whileltlie
proposed amendment now is not so bad as at first, nevertheless
it renders less effective the measure, and it would be very
unfortunate for the b ill'if>it were adopted.
Mr. CLAPP. Mr. P resided, I desire to call the attention of
the Senator from Louisiana t'O the fact that I think the word
“ owner ” should be stricken out Nd the amendment, as it may
lead to confusion. The object of tbe amendment is to protect
the household itself, and the woi*d ^occupant ” is sufficient.
The word “ owner ” might lead to confm&qn.
Mr. THORNTON.
Owner or occupant.” The owner might
not be there.
V
Mr. CLAPP. The owner might object, although the occupant
might not object.
Mr. THORNTON. I am perfectly willing to accept the
amendment.
Mi>-<5l a PP. Then I suggest that the words “ owner or ” be
ken out.
The PRESIDING OFFICER. The amendment will be modi
fied by striking out the words “ owner or,” and the Secretary
will again read the amendment as modified.
The S e c r e t a r y . In section 2, on page 2, line G after the word
,
“ Territories,” it is proposed to insert:
Bankhead
Clapp
Curtis
Davis
Dillingham
1575
NOT VOTING— 19.
du Pont
Johnston, Ala.
Fletcher
Kern
Foster
Lea
Gore
Lippitt
Hitchcock
Lorimer
Newlands
Percy
Smith, Mich.
Warren
So Mr. T h o r n t o n ’ s amendment was rejected.
Mr. STONE. Mr. President, I think this is a fit occasion
To say a word to emphasize the significance of the vote just
taken. By this vote the American Senate either authorizes in
a negative way or approves the notion that the home of a
citizen may be invaded at pleasure by an official operating
under the provisions o f this proposed law. The home ceases
to be the castle of the citizen. A $900 clerk, “ drest in a little
brief authority,” inflated with self-importance, and puffed with
impertinence, can knock at the d oor/ o f an American and
demand admission, and, if denied, can force his way in. I
presume he would almost have warrafit to kick open the door,
and assemble the family vi et armis/around the hearthstone to
propound such questions as he might think important and
within the range of his authority. /
Mr. President, this is one of the most dangerous things, the
most unregnrdful o f the rights of American citizens tlir.t I have
known to be done or attempted in any* legislative body, and I
can not but express my profound astonishment that it has the
sanction of the Senate of the United States.
Mr. CULBERSON. Mr. President, I offer the amendment I
P r o v id e d , That this act shall not be construed as attempting to au
send to the desk. N
/
thorize the bureau created by it to enter into or remain in any private
The S e c r e t a r y . After the word “ Territories,” in line 6,
dwelling in any State without the consent of the occupant thereof.
page 2, it is proposed toH ns/rt:
The PRESIDING OFFICER. The question is on agreeing
But no official or agent orSgepresentative of said bureau shall, over
to the amendment. The Secretary will call the roll.
the objection of the head of t l i \ family, enter any private family resi
ilr . CLAPP (when his name was called). I again announce dence under this act.
my pair with the senior Senator from Florida [Mr. F ee’pU
her ].
Mr. HEYBURN. Mr.yTresid^iR, in justification o f the vote
In life absence I withhold my vote.
which I cast I desire to' say tliat'L was actuated by a consid
Mr. >CURTIS (when his name was called). I hp-Ve a pair eration for the comfort of the household. It would he intol
with tlrfe senior Senator from Alabama [Mr. B a n X i i e a d ] , and erable, in my judgment, that the agent should stand at the front
therefore .withhold my vote.
gate and summon the' family out into the. front yard in order
Mr. SHIVELY (when Mr. K e r n ’ s name w a ssa iled ). I wish to ask these questions. I thought it was lighter for the health
to announce that my colleague [Mr. K e r n ] , 4 s necessarily ab of this officer as well as for the health of the family that he
sent from th^Senate Chamber on official business.
be permitted to enter the household. Of course, I am opposed
Mr. LIPPITT (when his name was called). I again an to the whole proposition; but if we are going to enter upon
nounce my pairVwitli the junior Senate/" from Tennessee [Mr. this matter, make it just as obnoxious as possible and it will
L e a ] , and therefoxe withhold my vote,
then receive early consideration at the hands of the Senate
Mr. M cCUMBER, (when his n a m eA a s called). I announce in its sober second thought.
my pair with the senior Senator from Mississippi [Mr. P e r c y ] ,
The VICE PRESIDENT. The question is on agreeing to
I transfer that pair
the senior ^/Senator from Michigan [Mr. the amendment offered b y the Senator from Texas [Mr. C u l
I vote “ nay.
S m i t h ] and vote.
b e r so n ].
[Putting the question.] The noes appear to have it.
Mr. TILLMAN (wlienXhis n a life was called). Under a previ
Mr. CULBERSON. I ask for the yeas and nays.
ous arrangement I desireVlo announce the transfer o f my pair
he yeas and nays were ordered.
with the senior Senator f roRhA"ermont [Mr. D i l l i n g h a m ] to thei
Mr. SMITH of Georgia. Let the amendment be again read.
Senator from Alabama [Miy^oiiNSTON], and I will vote. I votj
The VICE PRESIDENT. The amendment will be again
“ yea.”
read.
The roll call was conceded.
The S e c r e t a r y . After the word “ Territories,” in line 6,
Mr. OVERMAN. I sfin requested to announce that the Sena page 2, insert:
tor from Alabama [M
is detained from the Chai
But no official or agent or representative of said bureau shall, over
the objection of the head of the family, enter any private family resi
ber by illness.
/
dence under this act.
Mr. TAYLOR ifry colleague [Mr. L e a ] is absent from till
The VICE PRESIDENT. The yeas and nays having been
Senate on officia msiness. He is paired with the junior Senardered, the Secretary will call the roll,
tor from Rhoc Island [Mr. L irriT T ]. I f my colleague were
lie Secretary proceeded to call the roll.
present, I am utliorized to say that he would vote “ yea.”
Mr. CLAPP (when his name was called). I again announce
I w i s h t o s a y t h a t m y c o l l e a g u e [Mr. D i l l i n g
Mr. PAG
my pair, and on that account withhold my vote.
h a m ] is necessarily absent from the Senate on official business.
Mr. CURTIS (when his name wa£ called). I announce my
He is paired with the senior Senator from South Carolina [Mr.
pair with the senidt Senator from Alabama [Mr. B a n k h e a d ]
T il l m A n ]. If present, my colleague would vote “ nay.”
Mr. TOWNSEND. I desire again to state that the senior and withhold my voBp> and I will /et this announcement stand
Senator from Michigan [Mr. S m i t h ] is unavoidably1 absent. for the day.
Mr. BRYAN (when M r. F l e t c A e r ’ s name was called). M y
He is paired, however, in favor of the bill.
colleague is absent on business ot/tlie Senate and is paired with
The result was announced— yeas 30, na3 42, as follows:
rs
the junior Senator froniNMinne/otn^ [ M l C l a p p ] , i f m y col
YEAS— 30.
league were present, he would Mote “ yea.”
I’ acon
Taylor
Shively
Martin, Va.
Bailey
Bvandegee
Bryan
Ballinger
Gardner
Myers
O’Gorman
Oliver
Overman
Paynter
Penrose
Rayner
Borah
Bourne
Bradley
Briggs
Bristow
Brown
Burnham
Bu rton
Chamberlain
Clark, Wyo.
Clarke, Ark.
Crane
Crawford
Cullom
Cummins
Dixon
Gamble
Gronna
Guggenheim
Heyburn
Johnson, Me.
Jones
Chilton
Culberson
Simmons
Smith, Ga.
Smith, Md.
Smith, S. C.
Smoot
Stone
Swanson
NAYS— 42.
Kenyon
Da Follettc
Lodge
McCumber
McLean
Martine, N. J.
/Nelson
/Nixon
v Owen
Page
Perkins
Thornton
Tillman
Watson
Williams
Works
Poindexter
Pome rene
Reed
Richardson
Root
Stephenson
Sutherland
Townsend
Wetmore
A
M r.
S H IV E L Y
(w h e n
M i\ I 0 : r n ’ s
nam e
w as
c a lle d ).
I
de-
sire again to announce to the
n a te th a t m y c o lle a g u e is a b s e n t
on official business.
Mr. TAYLOR (when Mr. ea'<£ name was called). My collongue is absent on busines , of t\e Senate and is paired with
,
the junior S e n a t o r f r o m Rhone Island [ M r . L i p p i t t ] ,
Mr. LIPPITT (when h i/ name was called). I again an
nounce my pair, and will /e t that announcement stand for the
day.
Mr. McCUMBEIl (whe/i his name was called). I again an
nounce my pair with thqf senior Senator from Mississippi [Mr.
P e r c y ].
I transfer the p a ir to the senior Senator from Michi
gan [Mr. S m i t h ] , and wall vote. I vote “ nayx”
Mr. REED (when life name wffs called). I desire to state
that I have an imdersttuuling with the Senator from Michigan
1570
CONG RESSION AL RECORD— SENATE.
J anuary 31,
—
4TJB ■
an e x a m p le to t h e ir , ch ild ren w h ich sh ou ld go ve rn th em in
e sta b lish in g th e ir Ideas a s to w h a t is righ t an d w h a t is w ron g.
J u s t th in k o f in q u irin g on such an occasion w h e th e r th is
ch ild w a s su b je cte d to th e e x a m p le o f fe s t iv it y an d its in cid e n ts,
liab le, th rou gh s u fh an e x a m p le , to be led into d issip a tio n in
la te r life an d b e e b p e a ch a rg e upon th e P u b lic T re a s u r y .
T h e s e th o u g h ts rise in v o lu n ta rily in one’ s m in d , an d one is
shocked an d ap p alled .
O f co u rse th e ag en t w ou ld k nock on th e
d oor o f th e o rd in a r y citizen , and h e w o u ld be m e t a t th e d oo r
b y the p ro p rie tor fcr som e o f th e fa m ily , an d th e a g en t can g e t
a t th em re a d ily an d p u sh p a s t th e m a n d in sp ect th em .
But
w h en th e ag en t copies to th e sta te lie r m a n sio n s, he w ill rin g th e
bell an d ru n th e g a n tle t o f the serv a n ts, a n d be to ld th e f o lk s
a r e n ot a t h om e op a r e engaged an d can n ot be d istu rb e d , an d
n o tw ith sta n d in g tiffs b ru ta l officer w ill ru sh in an d re q u ire an
insp ection.
W e a re go in g a s tr a y in th is m a tte r.
W e a re fo rg e ttin g th e re
is su ch a th in g a s in d iv id u a l righ t.
W e a re fo r g e ttin g th e re is
su ch a th in g a s tlie\ rig h t o f a h om e an d th e th in g s p e r ta in in g
to the hom e.
W e fo rg e t th a t it is fr o m th e v e r y c la s s — I u s e *
th a t w o rd in no in v id io u s sense, b u t m e re ly to d is tin g u is h one
cla s s fro m a u o t t i e r -4 h a t is be in g h eld up a s re q u irin g rig id
go v e rn m en ta l in sp ection th a t fo u r -fifth s o f th e m en a n d w o m e n
o f w o rth in th is counm-y com e.
S u ch leg isla tio n a s \ th is, a s I said on a fo rm e r oc casion ,
w o u ld h a v e ta k e n a m a n lik e A b r a h a m L in c o ln fr o m th e c u s
to d y o f h is p aren ts, b e ca u se th e y liv e d on the e a r th floor in
th e log cabin , surroun dbd b y w h a t w ou ld be term ed , in th e
p oetic la n g u a g e o f th e re p orts o f th e officer, sq u a lo r an d p o v e rty
an d m ise ry , an d y e t w ithVall th e in a te a m b itio n w h ich a n im a te s
th e g re a t m a n , ly in g on m s fa c e on th e floor, stu d y in g an d de
ve lo p in g ch a ra cte r a n d m\nd b y th e fireligh t o f th e log in th e
fireplace.
T h e b e st m en an d th e ttest w om en in the w o rld h a v e co m e
fr o m h u m b le su rro u n d in g s.! T h e r e is so m eth in g ab ou t such a
life th a t seem s to d e v e lo p !c h a r a c te r betw een lin e s o f s a fe ty
So M r. C u l b e r s o n ’ s a m en d m en t w as rejected .
a s d istin g u ish e d fro m th o se (c o n d itio n s th a t su rro u n d th e c h ild
M r. H E Y B U R N .
M r. P re sid en t, w e h av e n ow placed
w ith lu x u r y and la zin e ss, re su ltin g in p roficien cy in th e con
s ta m p o f d isa p p ro v a l on A r tic le I V o f th e C o n stitu tion o _
su m p tio n o f cig a r e tte s an d oth er th in gs.
U n ite d S ta te s, w h ich it m ig h t be w e ll to c a ll to th e a tte n tio n
M r. P re sid en t, I s till h a v e lh o p e th a t th e la s t th o u g h t upon
o f th e S en ate. I t s a y s :
th is m e a su re w ill d evelop t h e lf a c t th a t som e w isd o m h a s been
The right of the people to be secure in their persons, houses, papers, ga in e d b y th e p ro tra cte d c o n sid eration o f th is q u estion , an d
and effects, against unreasonable searches and seizures, shall not be th a t th e w h ole m e asu re w ill bdi d efe a te d .
violated.
M r. C U L B E R S O N .
M r. P resid en t, I offer th e a m e n d m e n t I
I sup pose th is officer, by im p lica tio n , is a u th o rize^ to enter
send to th e d esk, to be in se rted \ m th e sa m e p lace a t w h ich th e
a h ou seh o ld an d req u ire th e p aren t to p rodu ce tjle c h ild ; to
oth er w a s offered.
b rin g h im o u t fo r exa m in a tio n .
The V IC E P R E S ID E N T .
T h £ S en a to r fro m T e x a s o ffers an
M r. G A L L I N G E R .
T o d eterm in e w h eth er i t j f e , d ise a se d or
am en d m e n t, w h ich w ill be sta
not.
T h e S e c r e t a r y . O n p a g e 2, lii|e 6, a fte r th e w o rd s “ S ta te s
M r. H E Y B U R N . T o see w h eth er th e ch ild q # e t s the ap p ro va l
an d T e r r ito r ie s ,” i n s e r t :
o f th is c l e r k ; to see w h eth er h e is w ell fe d am.il w ell clothed.
But no ofiicial or agent or representative of said bureau shall, over the
T h e w ise st m en an d th e w is e s t bodies o f n^m. som etim e s go f a r
objection of the head of the family, eater any house used exclusively
as a family residence.
a s tr a y . In v o tin g d ow n a pro po sitio n o f tipis k ind, w h ich w a s
T he V IC E P R E S ID E N T .
T h e qu estion is on ag re e in g to th e
n o th in g m o re or less th a n an a sse r tio n f t th a t p rinciple, the
a m en d m e n t offered by th e S en a to r I fr o m T e x a s .
[P u ttin g th e
S en a te se em s to h a v e fo rg o tte n th a t tlic /> is a C o n stitu tio n o f
q u e stio n .]
T h e “ n o e s ” ap p ea r to h av e it.
the U n ited S ta te s. I f th e re w a s no C y s t i t u t i o n th e sen tim en t
M r. T H O R N T O N .
T h e y e a s an d ijays, M r. P re sid en t.
e x p re sse d by th e op p osition to th is ainpndm ent w ou ld be a v io
T h e y e a s an d n a y s w ere ordered.
lation o f h u m a n righ ts, and the G p nstitution is m e re ly an
M r. B A I L E Y .
M r. P re sid en t, i f C o n gre ss h a s th e p ow er to
exp re ssion o f th e rig h ts o f a h u m a n yping un d er a se lf-g o v ern in g
p ass th is b ill, and to collect th is i n f A m a t io n , th en it h a s th e
system o f govern m en t.
p ow er to e m p lo y a n y m e a n s n e ce ssary \ o its collection , an d the
M r. S U T H E R L A N D .
M r. P re sid en t
officers ap p oin ted und er it can enter fflie h o m es o f th ese peo
The V IC E P R E S ID E N T .
D ^ s th e S en a to r fr o m Id a h o
p le, u n le ss som e am en d m e n t lik e th is is \ n a d e a p a r t o f th e b ill.
y ie ld to th e S en a to r fro m U ta h
M r. C H A M B E R L A I N .
M r. P re sid en t. I d esire to d issen t
M r. H E Y B U R N .
Y e s.
fro m th e view exp re sse d b y th e d istin g u ish e d S en a to r fro jn
M r. S U T H E R L A N D .
D o e s Jfhe S en a to r th in k w e w ou ld add
a n y th in g to th e stren g th o f a /c o n s titu tio n a l rig h t by rep ea tin g
T e x a s , a s w ell a s a g a in st th e v ie w e xp re sse d b y th e S en a to r
it in a s ta tu te ?
fr o m Id a h o .
I h av e voted c o n s ta n tly a g d in st th is am en d m e n t
M r. H E Y B U R N .
N o.
I / w a s m e re ly e x p re ssin g m y se n ti on th e th eory th a t th e re is n ot a w ord or mne in th e b ill w h ich
a u th o rize s th e in v a sio n o f a n y m a n ’ s hom e.\
m e n t in re g ard to th e \o/e.
I f the C o n stitu tio n shou ld be
am en d ed accord in g to th e Sentim ents w h ich h a v e p re va iled here
M r. S M I T H o f S ou th C a ro lin a .
M r. P re sid en t, I h ad in
to -d a y , the people w o u ld /m e n d it f a s t enough or ab olish it.
ten d ed fro m th e b egin n in g to vo te fo r th is 1 11 b u t w h en th ese
^ ,
M r. P resid en t, I v o te d /a g a in s t th e first a m en d m e n t m ore as
am e n d m e n ts offered by th e S en a to r fro m T k x a s d rew ou t the
a m a tte r o f s a t is fy in g /c u r i o s it y th a n a n y th in g else.
I w as
exp re ssion th a t it is, a t lea st, in d oubt w lfeth er th e officers
cu r io u s to know w h eth er or n ot th a t prin ciple w h ich h a s a lw a y s
crea ted u n d er th is b ill sh a ll h av e the rig h t to I n v a d e th e h om es
been recognized, o f tlun sa n c tity o f th e h om e an d th e resp on o f th e citizen s in e n fo rcin g the te rm s o f th is 1 1 , I d eterm in ed
M1
sib ility o f th e p a r e n t,/w o u ld be so lig h tly vo ted a w a y .
th a t u n le ss som e such s a fe g u a rd a s th e se a m e a d m e u ts propose
J u st th in k h ow inrblerable it w o u ld be, in th e m id s t o f a can be th ro w n arou n d it I sh a ll v o te a g a in s t fflie b ill in toto.
gre a t social fu n c tio n , w ith th e f a m ily asse m b le d in th e d ra w in g - I w a s un d er th e im p re ssio n th a t the p u rp ose o f th is b ill w a s
ro o m or aro u n d th e d inner ta b le, d ressed f o r th e b a n q u e t or th e to ta k e th is se rv ice o u t o f th e se ve ra l d ep a r tm e n ts , w h ere th e
fe te , to h a v e an officer com e in an d say , “ P ro d u c e th e c h i l d ; I
sa m e w o rk is n ow fr a c tio n a lly done an d co n cen trate it into
w a n t to see it .”
[L a u g h te r .]
A .$900 clerk , it is suggested. one b u r e a u ; an d th a t th ese officers, ben efitin g b y tffe e xp erie n ce
H e w ou ld com e in, an d th o se people, w h o h a v e a ll th e y can do th a t h a s been give n b y th e S en a to r fr o m N o rth C a ro lin a , w ou ld
to stru gg le a g a in st th e a d v e r sity o f fa te , w ou ld be requ ired to co lle ct an d co lla te fro m w h a te v e r source a v a ila b le th e in fo r
s&op on an occasion o f th is sort an d p roduce fo r th e in spection
m a tio n n e ce ssa ry fo r th e p roper con d u ct o f th is w o rk a n d fo r
o f the officer the ch ild or even th e a d u lt, as to w h e th e r o r n ot th e benefit o f th e p eople w ith o u t ru th le s s ly e n te rin g th e h om es
th e y are clothed an d d ressed w ith in th e b ou n ds o f rea son , a s to ob tain th is in fo r m a tio n .
[M r . S m T n j ] th a t I w ou ld n o t v o te in h is ab sence.
H o w e v e r,
I am in ferm e tffjis to h is p osition on th is b ill,,a n d it is th e sam e
a s m y ow n. a m P tlm re fo re T w ill vote.
U * tfte “ y e a .”
M r. T I L L M A N (wfemi h is n a m e \ym*^called) .
R e p e a tin g the
e x p la n a tio n I h av e giv e h stw ice , Iw r ffe “ y e a .”
M r. W A R R E N (w h e n
c a lle d ).
I h a v e a gen
eral p air w ith th e sen ior S e j* f T o M to m L o u isia n a [M r . F oster],
a n d w ith h o ld m y vote,
T h e roll call Wag^edScluded.
M r. P 0 I N I £ J 3 ? !p E R .
I d esire to ann ounce T hrtkjuy colleague
[M r . J o n e s t i s u n a v o id a b ly absent, on public businesSr-. I f p re s
ent, hp ^ fo u ld v o te “ n a y .”
'O fb re su lt w a s an n ou n ced — y e a s 3G, n a y s 37, n ot v o tin g 18,
a s ^ f o llo w s :
Y EAS— 36.
Bacon
Smoot
Gardner
Paynter
# a ile y
Stone
Heyburn
Penrose
Swanson
fcradley
Kenyon
Kayncr
Taylor
Martin, Ya.
Iteed
rBrandegee
Thornton
Myers
Shively
Bryan
Tillman
O'Gorman
Simmons
Chilton
Smith, Ga.
Watson
Oliver
Culberson
Overman
Smith, Md.
Williams
du Pont
Owen
Smith, S. C.
Works
Gallinger
*
NAYS— 37
Crane
Da Follette
Pomerene
Borah
Dodge
Crawford
Richardson
Bourne
Cullom
McCumber
Root
Briggs
McDean
Cummins
Stephenson
Bristow
Dixon
Martine, N. J.
Sutherland
Brown
Gamble
Nelson
Townsend
Burnham
Nixon
Wetmore
Gronna
Burton
Guggenheim
Page
Chamberlain
Ilitehcock
Perkins
Clark, Wyo.
Poindexter
Johnson, Me.
Clarke. Ark.
NOT VOTING— 18.
Percy
Fletcher
Kern
Bankhead
Smith, Mich.
Foster
Dea
Claim
Warren
Lippitt
Gore
Curtis
Johnston, Ala.
Dorimer
Davis
Newlands
Dillingham
Jones
1912.
CONGRESSIONAL RECORD— SENATE.
B u t i t is a d iffe r e n t q u e stio n i f i t is to a s s u m e a n in q u is i
to r ia l f o r m .
I w a n t to s a y r ig h t h e re t h a t th e r e is n o t a m a n
on t h i s flo o r w h o d o e s n o t k n o w t h a t th e m o s t s e n s itiv e o f a ll
t h e c it iz e n s o f o u r c o u n tr y a r e th e v e r y p o o re st.
T h e m an
w h o m a d v e r s e c ir c u m s t a n c e s h a s b r o u g h t to a c o n d itio n o f p o v
e r t y — c ir c u m s t a n c e s o v e r w h ic h h e p e r h a p s h a s n o c o n tr o l— ■
s h r in k s f r o m h a v in g h is h o m e in v a d e d a n d it s c o n d itio n e x
p lo ite d b e fo r e th e p u b lic .
S u r e ly th e a g e n ts p ro p o se d in t h i s b ill c o u ld fin d f a c i li t i e s
f o r g a th e r in g a ll th e n e c e s s a r y in f o r m a t io n t h a t th is b ill p ro
p o s e s s h a ll b e g a th e r e d w ith o u t th is o b n o x io u s w a r r a n t . T h e r e
a r e d o c to r s w h o g o a b o u t in th e c o u n tr y a n d to w n s w h o a r e
f a m i l i a r w ith th e c o n d i t i o n s ; a n d th e y c o u ld g iv e th e f a c t s w i t h
o u t e x p o s in g th e C itiz e n to th e in q u is ito r ia l s e r v ic e o f th e s e
office rs. A n d I h o p e sin c e r e ly t h a t th e f r a m e r s o f th e b ill a n d
th e a d v o c a te s o f th e b ill w ill a llo w u s w h o a r e in e a r n e s t a ls o
a b o u t th is m a t t e r to h a v e th is a m e n d m e n t g o tte n in th e b e s t
a v a ila b le f o r m , a n d n o t p u t u s in th e a t tit u d e o f a c q u ie s c in g
in o u t r a g in g th e s a n c tit y o f th e h o m e o r fo r c in g u s to v o te
a g a in s t th e b ill.
M r. S U T H E R L A N D .
M r . P r e s id e n t-------T he V IC E P R E S ID E N T .
D o e s th e S e n a to r f r o m S o u th C a r o
lin a y i e ld to th e S e n a to r f r o m U t a h ?
M r . S M I T H o f S o u th C a r o lin a .
I d o.
M r. S U T H E R L A N D .
W h a t p r o v is io n d o e s th e S e n a to r find
in t h i s b ill t h a t w o u ld a u t h o r iz e ^ a n y officer to e n te r th e h o m e
o f a c it iz e n a g a in s t th e o b je c t io n o f th e c it iz e n ?
M r . S M I T H o f S o u th C a r o lin a . W h a t is th e o b je c tio n , th e n ,
to p u ttin g i t in th e b ill s p e c ific a lly rfaat th e officer s h a ll n o t ?
M r. S U T H E R L A N D .
B e c a u s e it p s v t o m y m in d a p e r fe c t ly
u s e le s s th i n g to d o ; a w h o lly u n n e c e s s a r y th in g to d o.
If we
a r e to w r it e t h a t la n g u a g e in to th is la w , t^ieii w e o u g h t to w r ite
i t in t o e v e r y la w w h ic h a u t h o r iz e s a n y officer o r a g e n t o f t h e .
G o v e r n m e n t to g a th e r in f o r m a t io n , b e c a u s e th e in fo r m a tio n ^
m u s t be g a th e r e d f r o m p e r so n s, a n d i f it is 'n e c e ss a r y to n e g a
t iv e in th is la w th e r ig h t o f a n officer to g o in fo a h o m e a g a in s t
t h e p r o te s t o f th e o w n e r o r th e o c c u p a n t, i t w oiffil b e n e c e s s a r y
to d o it in e v e r y la w .
I u n d e r ta k e to s a y th e r e \is n o t a lin e
in th is b ill w h ic h w o u ld in a n y m a n n e r a u t h o r iz e ata^y official or
a g e n t to e n te r th e h o m e o f a c itiz e n a g a in s t h is p r o t e s t * /
M r . S M I T H o f S o u th C a r o lin a .
I f t h a t b e tr u e , thuye c a n be
n o o b je c t io n to e m p h a s iz in g t h e in te n t n o t to d o if . ''B u t b y
p a r it y o f r e a s o n in g , i f C o n g r e s s p a s s e s a n a c t f u r a sp ecific
p u r p o se , th e n th e officers a c tin g u n d e r t h a t a c t, w ith o u t sp ec ific
p r o h ib itio n , c o u ld u s e a ll th e m e a n s in th e ir p o w e r to c a r r y V u t
t h e te r m s o f th e a c t ; a n d w h e n th e y go to th e h ofh e o f a c itiz e n ,
t h e a c t d o e s n o t p r o h ib it th e m f r o m e n te r in g if** b u t i t d e m a n d s ^
t h a t th e y g e t th e in f o r m a t io n .
/
M r. S U T H E R L A N D .
I f a n y officer a t te m p ts , n o t u n d e r th e
e x p r e s s w a r r a n t o f th e la w , to e n te r th e h o m e o f t h e c itiz e n , h e
w o u ld b e c o m m it tin g a tr e s p a s s , w o u ld h e .h o t?
•
M r . S M I T H o f S o u th C a r o lin a .
T h e /C o n s t i t u t i o n s a y s th e
c itiz e n s h a ll b e p ro te c te d a g a in s t u n r e a s o n a b le s e a r c h e s a n d
s e iz u r e s .
Y o u h a v e m a d e i t a r e a s o n a b le one.
M r. S U T H E R L A N D .
I a m n o t t a lk in g o f th e C o n s titu tio n .
I s a y u n le s s th e r e is a n e x p r e s s w a r r a n t o f la w f o r th e officer
to e n te r th e h o m e o f th e c itiz e n , i f th e officer e n te r s it a g a in s t
t h e p r o te s t o f th e c itiz e n h e c o m m it s a tr e s p a s s .
M r . S M I T H o f S o u th C a r o lin a .
W i l l n o t th e S e n a to r a d m it
t h a t th e m e re p a s s a g e o f th im ifill r e q u ir in g c e r ta in o ffic ia ls to
fio c e r ta in th in g s is in i t s e l f a w a r r a n t to d o th a t th in g ?
M r. S U T H E R L A N D .
N o / T h is d o e s n o t a u t h o r iz e th e o f
ficia l to e n te r th e h o m e w ith th e c o n s e n t-------M r. C U L B E R S O N .
M r .’ P r e s id e n t-------T h e V IC E P R E S ID E N T .
D o e s th e S e n a to r f r o m U t a h y ie ld
to th e S e n a to r f r o m T e x a s ?
M r . S U T H E R L A N D / I n a m o m e n t.
T h i s b ill s im p ly a u
t h o r iz e th e a g e n ts to in v e s t ig a te a n d r e p o r t u p on a ll m a tte r s
th o u g h th e p h r a s e o lo g y w a s s o m e w h a t d iffe r e n t, w a s th e s a m e .
1577
A l l S e n a to r s u n d e r s to o d th a t i t w a s th e sa m e . I t w a s to r g u a r d
a g a in s t a n y officia l e n te r in g th e p r iv a c y o f a h o m e to m a k e
in v e s t ig a tio n s o v e r th e p r o te s t o f th e o w n e r o r o c c u p a n t o f
t h a t h o m e . A n d th e S e n a to r f r o m I d a h o s a id t h a t i f i t p a s s e d
it w o u ld e m a s c u la te th e b ill, th a t i t w o u ld d e s tr o y th e v e r y
p u r p o s e o f th e b ill.
/
I s h o u ld lik e to s a y f u r t h e r t h a t I re co g n ize , a s d o o th e r
S e n a to r s h e re re c o g n iz e , t h a t n e w c o n d itio n s h a v e a r is e n .
F a c ili t ie s f o r c o m m u n ic a tio n s a n d tr a n s p 6 r ta tio n h a v e b e c o m e
so p e r fe c t th a t, th o u g h w e h a v e o u r firs t a lle g ia n c e a n d lo v e
to o u r S ta t e , w e h a v e b e c o m e c o s m o p o lita n .
D is e a s e s m a y b e
s p r e a d w it h in fin ite ly m o r e e a s e n d w th a n th e y w e r e 5 0 y e a r s
a g o , a n d I re c o g n iz e t h a t th e r e is a d is e a s e m o r e te r r ib le th a n
th e p h y s ic a l one.
I f m y n e ig h b o r ’ s c h ild r e n t a k e s m a llp o x or
s o m e c o n ta g io u s d is e a s e I in s is t t h a t th e y e llo w fla g s h a ll be
p u t up a n d th e y s h a ll b e q u a r a n tin e d , b u t I h a v e n o p o s s ib le
w a y o f g u a r d in g a g a in s t im m o r a l in fe c tio n .
A n d i t is la r g e ly
to t h e s o lu tio n o f tlijs p ro b le m t h a t th is a p p lie s .
T h e r e is in m y o w n c ity to -d a y a r e f o r m a t o r y sc h o o l, th e first
in th e h is t o r y o y t h e S ta t e .
I t is a lle g e d th a t e v il te n d e n c ie s
a m o n g b o y s a ^ b e in g m u ltip lie d la r g e ly b y c e r ta in c o n d itio n s
g r o w in g o u t g f m o d e r n life .
T h o u s a n d s o f o c c u p a tio n s u n d e r
m o d e rn c o m fit io n s, t a k in g f a t h e r s a w a y a lm o s t c o n tin u a lly
f r o m t h e i r ji a m i l i e s , a r e f o r c in g th e S ta t e to g r a p p le w ith th e
p r o b le m of s u p p ly in g th is la c k o f p a te r n a l ru le a n d co n tr o l o f
th e h oim £ I w a s f a v o r a b le to th e b ill on th e b r o a d g r o u n d t h a t
f r o m j p e r y S ta t e in th e U n io n th e r e w o u ld be g a th e r e d th e
th o u g h ts a n d e x p e r ie n c e s o f th e e a r n e s t, h o n e s t m e n w h o w e r e
a t te m p tin g to s o lv e th e p r o b le m o f h o w b e s t to s e r v e th e y o u n g ,
t h / c h i l d r e n , o f th is c o u n tr y — n o t w ith th e in te n t o f g o in g in to
S u ite s to le g is la te , b u t s im p ly to g iv e a d v is e a s d o o t h e r b u r e a u s
Jn r e fe r e n c e to o u r m a t e r ia l a n d fin a n c ia l w e lf a r e .
I w a s p er
f e c t l y w illin g to v o te f o r th e b i l l ; b u t I h e r e b y e n te r m y p r o te s t
n o w t h a t I s h a ll n o t v o te f o r th e b ill w h ic h , b y a n e x p r e s s io n
o f th e a u t h o r o f it a n d b y th e im p lic a tio n o f th e v o te on th e
a m e n d m e n ts , g iv e s a n y m a n th e p o w e r to e n te r th e s a c r e d
d o m a in o f th e h o m e o f th e h ig h e s t o r th e lo w e s t a n d s e a r c h
th e r e f o r f a c t s to s p re a d b e fo r e th e p u b lic w it h o u t k n o w in g th e
c a u s e s t h a t b r o u g h t a b o u t th e c o n d itio n s w h ic h h e fin d s th e r e .
M r. B O R A H .
M r . P r e s id e n t, i f I c o u ld fin d in th is b ill a n y
in t im a t io n o f a u t h o r it y f o r th e a g e n t o f th e G o v e r n m e n t to
e n te r th e h o m e o v e r th e p r o te s t o r w ith o u t th e c o n s e n t, i f it
w a s m a d e k n o w n , o f t h e o c c u p a n t, I c e r t a in ly w o u ld b e in
f a v o r o f a m e n d in g it.
I d o n o t b e lie v e t h a t th e r e is a n in t im a
tio n o f th a t k in d in th e b ill.
I d o n o t b e lie v e , fu r th e r m o r e , t h a t
a m a n c o u ld e n te r th e h o m e o f a re s id e n t o f a S ta t e w ith o u t h is
c o n s e n t u n d e r t h i s b ill.
I d o n o t k n o w h o w h e w o u ld d o it.
I k n o w t h a t h e w o u ld h a v e a m p le a n d a b s o lu te p r o te c tio n
u n d e r th e la w s o f th e S t a t e w h ic h th i s s ta tu t e c o u ld n o t o v e r
rid e , i f it in sp ecific te r m s u n d e r to o k to d o so.
M r. S T O N E .
I s h o u ld lik e to a s k -------M rk B A C O N .
I s h o u ld lik e to a s k th e S e n a to r -------The V IC E P R E S ID E N T .
D o e s th e S e n a to r f r o m I d a h o y ie ld ,
a n d to w h o m ?
M r. B O R A H .
I y ie ld to th e S e n a to r f r o m M is s o u r i, a s h e
h a d th e fibnr first, a n d th e n I w ill y i e ld to th e S e n a to r f r o m
G e o r g ia .
\
M r. S T O N E ,
I s h o u ld lik e to a s k th e S e n a to r , th e n , w h a t h e
m e a n t b y w h a u jie s a id s o m e tim e a g o , I th in k w h ile th e a m e n d
m e n t o f th e S ^ jia to r f r o m L o u is ia n a [ M r . T h o r n t o n ] w a s
p e n d in g , a n d w h \ -h in s u b s ta n c e a n d e ffe c t is id e n tic a l w it h
t h e o n e n o w p e n d in g , t h a t i f it s h o u ld b e a d o p te d it w o u ld
p r a c tic a lly d e s t r o y rh e b ill.
M r. B O R A II.
M r .-P r e s id e n t , it is q u ite p o s s ib le — a n d I w ill
b e f r a n k w ith th e S e n a te in th is m a t t e r — th a t m y la n g u a g e w a s
to o b r o a d , b u t th e i d e a V d i i c h I h a d in m in d w a s th a t i f w e
p u t in th e b ill th e lim it a tio n , it w o u ld in v ite th e p a r tie s to s h u t
o u t th e a g e n t a n d h e w ouhlN jiave n o p o w e r to in v o k e a n y S t a t e
a u t h o r it y w h a t e v e r ; th a t h e y w o u k l be lim it e d a n d p r e s c r ib e d
b y th is a c t.
\
B u t th e r e w a s a n o th e r p ro p o s itio n in th e fir s t a m e n d m e n t.
I t w a s t h a t i f th e m e r e c o n s e n t o f th e p a r t y w a s n o t o b ta in e d
t h a t fo r e c lo s e d th e a c tio n o f th e N g en t e n tir e ly w it h r e fe r e n c e
to m a n u fa c tu r in g e s ta b lis h m e n t s anti o th e r p la c e s , w h ic h is a n
e n tir e ly d iffe r e n t p ro p o s itio n f r o m th e o n e w h ic h is p re s e n te d
now .
N o w , so f a r a s I a m c o n c e rn e d , a s I s ta te d , i f I th o u g h t th e r e
w a s a n y a u t h o r ity w h a te v e r f o r e a t c r i n g \ h e h o u s e w ith o u t th e
c o n s e n t o f th e o w n e r o r o c c u p a n t I w o u ld a g r e e to th e a d o p tio n
o f th is a m e n d m e n t.
\
N o w , I y ie ld to th e S e n a to r f r o m G e o r g ia .
M r. B A C O N .
I w a s s im p ly g o in g to a s k th e S e n a to r th is
q u e s t io n : T h e S e n a to r s a id th e h o u s e h o ld e r w o u ld h a v e th e
p r o te c tio n o f th e la w , i f h e in v o k e d it.
T h e r e is a d iffe re n c e
o f o p in io n u p on th e s u b je c t a s to w h e th e r o r n o t th is b ill w o u ld
11578
CONGRESSIONAL RECORD— SENATE.
c a rry such a u th o r ity , as is evidenced b y th e a m e n d m e n ts w h ich
h a v e been offered. I s it n o t b etter, in v ie w o f w h a t th e S en a to r
h im s e lf sa y s is th e in ten t, th a t th e la w sh a ll in stru c t those
w h o a re ch arged w ith th is re sp o n sib ility a s to w h a t th e y have
a rig h t to do an d w h a t th e y h a v e n o t a r ig h t to do, ra th e r than
to lea v e it a m a tte r o f e xp en se a n d an n oya n ce , or le g a l proceed
in g s to se ttle th a t q u e stio n ?
T he V IC E P R E S ID E N T .
T h e qu estion is on ag reein g to
the a m en d m e n t o f th e S e n a to r fr o m T e x a s [M r . Culberson],
on w h ich th e y e a s an d n a y s h a v e been ordered. T h e S ecre ta ry
w ill c a ll th e roll.
P
i
T h e S e c re ta ry proceeded to ca ll th e roll
M r. C L A P P (w h e n h is n a m e w a s ca llorf). I ag a in announce
m y p a ir w ith th e S en a to r fr o m F lo rid a [M r . F l e t c h e r ] .
In
th e ab sen ce o f th a t S en a to r I w it h h o ld m y vote.
M r. T H O R N T O N (w h e n M r. F o y e r ’ s n a m e w a s c a lle d ).
I
w ish to an n ou n ce th e n e ce ssary jrosence o f m y colleagu e [M r.
F o st e r ] , w HJi th e sta te m e n t tlm t i f he w ere h ere he w ould
ce rta in ly vot<N“ y e a .” M y co lj^ ag u e is p aired w ith th e S en a to r
fr o m W y o m in g ^ M r . W ar re
M r. M c C U M B E H A w h e n /liis n a m e w a s c a lle d ).
I ag a in an
n ou n ce m y p a ir with*, th e senior S e n a to r fr o m M ississip p i [M r .
P e r c y ] an d th e transftffCpf th a t p a ir to th e sen ior S en a to r fro m
M ic h ig a n [M r . S m it j *']. jPsvote “ n a y .”
M r. R E E D (w h e n h is nam e, w a s c a lle d ).
I a m p aired w ith
th e S en a to r f r o m /M ic h ig a n [ M t N ^ m i t h ] , b u t th e sen ior S en a to r
fr o m N o rth D a k o ta [M r . M c C u M S te ] h a v in g tr a n sfe rre d h is
p a ir to th a t S en a to r, I con sid er m y s e lf a t lib e rty to vote.
I
v o te “ y e a .” . /
N.
M r. T I L L M A N (w h e n h is n a m e w a s c a lle d ).
W it h the e x
p la n a tio n a lr e a d y given, I v o te “ y e a .”
M r. W A R R E N (w h e n h is n a m e w a s c a lle d ).
I w ish to a n
n ou nce m y p a ir w ith the senior S en a to r fro m L o u isia n a [M r .
F o st e r ].
T h e roll call h a v in g been concluded, th e
n ou nced— y e a s 39, n a y s 34, a s f o l l o w s :
YEAS— 39.
Owen
Bacon
Gardner
I’aynter
Heyburn
Bailey
Pomercne
Hitchcock
Bradley
Raynor
Johnson, Me.
Brandegee
Briggs
Kenyon
Reed
Bryan
Shively
Martin, Va.
Chilton
Simmons
Myers
Smith, Ga.
Culberson
O’Gorman
du Pont
Smith, Md.
Oliver
Gallinger
Smith, S. C.
Overman
N AYS— 34.
La Foliette
Borah
Crane
Lodge
Bourne
Crawford
McCumber
Cullom
Bristow
McLean
Cummins
Brown
Martine, N. .1.
Dixon
Burnham
Nelson
Gamble
Burton
Nixon
Gronna
Chamberlain
Guggenheim
Page
Clark, Wyo.
Perkins
Jones
Clarke, Ark.
NOT VOTING— IS.
Fletcher
Lea
Bankhead
Foster
Lippitt
Clapp
Lorimer
Gore
Curtis
Newlands
Johnston, Ala.
Davis
Penrose
Dillingham
Kern
re su lt
w
Smoot
Stone
Swanson
Taylor
Thornton
Tillman
Watson
Williams
Works
Poindexter
Richardson
Root
Stephenson
Sutherland
Townsend
Wetmore
Percy
Smith, Mich.
Warren
So M r. C u l b e r s o n ’ s am en d m e n t w a s ag re e d to. •
T h e b ill w a s ord ered to be en grosse d fo r a th ird re a d in g and
w a s re a d th e th ird tim e.
The V IC E P R E S ID E N T .
S h a ll the bill p a ss?
M r. B A I L E Y .
I a sk fo r th e y e a s an d n a y s oh th e p assa ge o f
the b ill.
M r. G A L L I N G E R .
A r . P re sid en t, b efo re th e yb te is tak en
on the p assa g e o f th e biV I w ish to m a k e a sin g le ob serva tion .
T h e ju n io r S en a to r fro m M isso u r i [M r . R e e d ] closed h is
speech to -d ay w ith a re m a rk th a t th e p r o b a b ilm e s w ere th a t th e
op p osition to th is b ill ca m \ fr o m th e so-c*m ed m a n u fa c tu r in g
S tates, w h ere th e y d id n o t V v a n t leg isla tio n o f th is k ind .
I
chan ce in p a r t to represent a V u a n u fa c b m n g S ta te , an d I w a n t
to say to S e n a to rs in a ll sincVrity tR at I h av e n ot received a
co m m u n ic atio n fro m a n y m anufcictuiung concern or an y official
em p lo ye d in an y m a n u fa ctu rin gX g ro ce rn in eith e r m y S ta te or
a n y other o f the N e w E n g la iu V K ta te s.
So th a t m y vo te h as
n ot been influenced b ecau se off^uV t co n sid eration .
O ne oth er rem ark , M r. P resid en t.
T h e S e n a to r fr o m O k la
h om a [M r . O w e n ] in h is jfiirn e st\ e ss ob served th a t w h ile w e
w ere w illin g to p ay la r g a fs u m s o f \m oney fo r in v e stig a tio n s of|
a lm o s t eve ry conceivable kin d w e y w e re u n w illin g to v o te a
p ittan ce o f $ 2 9 ,0 0 0 tovfn q u ire in to 1»e social co n dition s o f the
w om en a n d ch ildren g f the U n ite d S tates.
M r. P resid en t, tlnft is n o t qu ite fa™-, a n d I am u n w illin g to
le t it go to the co u n try , so f a r a s m y V o t e is concerned , th a t I
am controlled b y a n y such m o tiv e or co n sid eration a s th a t. T h e
fa c t is th a t a g re at d ep artm e n t o f th is G ove rn m e n t, e n gaged in
J anuary 31
in v e s tig a tin g su b s ta n tia lly th e sa m e qu e stio n s, h a s a t its d is
p osa l $ 3 0 0 ,0 0 0 , m o r e o r less. T h a t d e p a rtm e n t h a s n ot co nclud ed
its w ork . T h e lite ra tu r e th a t i t h a s se n t to us is p a r t o f th e
lite ra tu r e th a t is to com e fr o m th a t d ep a rtm e n t, an d Ij ap p re
hend, in a sm u ch a s w e recen tly v o te d a n a d d itio n a l ap p ro p ria
tio n t<k th e B u r e a u o f L a b o r, it is f o r th e co n tin u a tio n o f th e
w o rk th a t b u rea u is en gaged in .
/
M r. P re sid en t, I th in k w e can a ffo rd to w a it u n til th a t g r e a t
d ep a rtm e n t an d th a t bu rea u , in w h ich w e a ll h av e confidence,
h a s com p leted it s in v e stig a tio n .
I f it th e n a p p e a ls th a t th e
w o rk h a s h o t been w e ll d one or th a t fu r th e r in v e stig a tio n is
necessary, i t w ill be tim e to e sta b lish an a d d itio n a l b u rea u in
the D e p a r tm e n t o f C o m m erce and L ab or.
T h o s e are \ h e c o n sid eration s th a t govern m y A c tio n in th is
m a tte r, M r. P re sid en t, a n d I a m q u ite u n w illin g th a t I sh ou ld
be m isrep rese n te d b y a n y S en a to r a s to th e a ttitu d e I h a v e ta k e n
on th is q u estio n ^
M r. O V E R M A N M r. P re sid en t, I d id n ot h e a r th e re m a rk
o f th e S en a to r froV i M isso u r i [M r . R e e d ] . A s I h a v e th e good
fo rtu n e to rep resen \ a S ta te th a t h a s a good m a n y cotton m ills
in it, I w a n t to sa y th a t I h av e n ot h ad a le tte r fr o m a n y
co tto n -m ill m a n or a n y b o d y else a g a in s t th is b ill, b u t a ll fo r
i t ; an d th e S en a to r o \ g h t n o t to h a v e m a d e a s ta te m e n t lik e
th a t u n le ss he h a d so m Y p r o o f o f it.
M y grou n d w a s basedVupon the evid ence th a t w a s ta k e n n ot
in th e c o tto n -m ill sectioi^ b u t in th e m ou n tain section, a s I
sta te d , an d th e S en a to r h « a r d m e maker th a t sta te m e n t.
So I
a m sure he w a s n ot re fe rrin g to m e. iA -e p e a t th a t no m a n h a s
ever w ritte n to m e to oppos\ th is b i ll,/b u t I h av e m a n y lette rs
fr o m m y S ta te a sk in g m e , t\ su p p ort it.
B u t I am satisfied
th e y d id n ot u n d ersta n d th e m e a s u r e ns I u n d ersta n d it...
I b a se m y op p osition b ecau se o f / l i e en orm ou s a m o u n t th a t
I b e liev e it w ou ld ta k e, an d , ii\ ad d itio n to th a t, it is th e cre
ation o f a n e w b u reau .
I b e li e - t e /f i a t a ll th e evid ence th a t is
d esired an d is provid ed fo r in tljfe b ill is g a th e re d b y a d iffe r
ent d ep artm e n t.
I do n ot t liin k /V ie S en a to r o u g h t to go an d
m a k e such a sta te m e n t a s t h a t . / W h y d oe s he m a k e it ?
D oes
it do h is case a n y good to m a k e’ sucV a s ta te m e n t?
M r. R E E D .
M r. P r e s i d e n t ,/l m atte no specific re feren ce to
a n y S en a to rs,, and I do n o t k n ow ju s t w h y th e S e n a to rs ap p ly
m y re m a rk s sp ecifically to th e m s e lv e s ! I did sa y in su b stan ce
la t it ap p eared th a t th is op p osition cX m e fr o m S ta te s — I m a y
IV ve used th e w ord s fro m S en a to rs fron X S ta te s — in w hich th e re
w ere m a n u fa c tu r in g in d u strie s.
I do recall th a t th e S en a to r
faom N o rth C a ro lin a [ M r ./O v e r m a n ] com p lain ed b itte rly ab ou t
sam e p re vio u s rep ort. I do n ot m e a n to a sc rib e to th ese S en a
to rs a n y e vil p urp ose or m o tiv e .
I do n o t t h i n k m y w o rd s can
b f so co nstrued .
/
’
\
B u t, M r. P re sid en t, w p a t I m e a n t to ..say, and w h a t I n ow sa y
xjith e m p h asis, is th a t' th ere is, in m y ju d g m e n t, n ot a sin g le
eat m a n u fa c tu r in g in stitu tio n in th e U n ited A S ta tes in w h ich
ildren o f tend er y e a r s a r e e m p lo ye d th a t w ill n ot be fo u n d
h a v e been in op p osition to th is b ill a n d in Opposition to it
o-d a y.
I e x cu lp a te both th e S e n a to rs fr o m anw evil p urp ose
r m o tive , an d I did n ot in ten d th a t th e y sh ou ld Y ta k e m y re
narks in a p erson al ligh t.
p
M r. G A L L I N g J jR . F o r m y s e lf, M r. P re sid en t, I w Nl sa y th a t
I d id n ot ta k e ijf a s a p ersonal referen ce, b u t I fe lt th a t I h ad a
d u ty to p erfo rm in sta tin g e x a c tly w h a t h a d occu rred m so f a r
a s one m a n u fa c tu r in g S ta te o f th e U n io n is concerned.''
M r. P re sid en t, th e fa c t is th a t und er th e in v estig a tio n th a t
is n ow go in g on by th e D e p a r tm e n t o f C o m m e rce an d L a b o r,
th ro u g h th e B u re a u o f L a b o r, th e a g e n ts h a v e been in th e
S ta te o f Nfiw H a m p s h ir e an d h a v e been sh ow n e ve ry p ossible
c o n sid eration , an d th e y h a v e h a d fu ll access to th e m a n u
fa c tu rin g , E sta b lish m en ts o f th a t S tate.
I a m v e ry m u ch g r a ti
fied to k n ow fro m re a d in g th e re p orts th a t th e y h a v e n o t fo u n d
th e te rrib le co n d ition s e x is tin g th e re th a t som e o f our good
people In th is co u n try h a v e ad v ertise d to th e w o rld a s e x is tin g
in th e m a n u fa c tu r in g S ta te s o f th e co u n try.
M r. O V E R M A N .
I w o u ld be g la d i f th e S en a to r fro m M is
sou ri w o u ld re a d th o se re p orts th a t re la te to th e cotton m ills
o f N o r th C a ro lin a .
I a m w illin g fo r h im to see w h a t th o se
a g en ts I h a v e been c ritic izin g h a v e said a b o u t th e m ills o f m y
S ta te .
I do n o t th in k even th e S en a to r fro m M is s o u r i w o u ld ,
ten co m p la in .
The
P R E S ID E N T .
T h e S en a to r fr o m T e x a s [M r .
B a Il e y ] asks fo r th e y e a s and n a y s on th e p a s s a g e o f the bill.
T h e y e a s an d n a y s w ere ord ered , an d th e S ec re ta ry proceeded
to c a ll th e roll.
M r. C L A P P (w h e n h is n am e w a s c a lle d ).
I ag a in ann ounce
m y p a ir w ith th e sen ior S en a to r fro m F lo r id a [M r . F letcher],
w h o is u n a v o id a b ly d e ta in e d fro m the C h a m b e r on the b u sin e ss
o f th e S en ate. I f he w ere p re sen t an d I w ere a t lib e rty to vote,
I w o u ld vo te “ y e a .”
M
$35 #
)l
V IC E
A V
I f
■
%
1912.
CONGRESSIONAL RECORD— SENATE.
a v e h e re M r . C U R T I S ( w h e n h is n a m e w a s c a ll e d ) . A s
a to r fr o m
t o fo r e a n n o u n c e d , I a m p a ir e d w it h t h e se n io r
h o u ld v o te
A la b a m a [ M r . B ankhead ].
W e r e h e p re se n t,
“ y e a .”
s c a ll e d ) .
I
M r . P A G E (w h e n M r . D illingham ’s n a m e
ue [M r . D il w is h to a g a in a n n o u n c e th e a b se n c e o f m y co ll
is p a ir e d w itli
lin giiam ], w h o is a w a y on official b u s in e s s . H
].
I f m y c o lth e S e n a to r f r o m S o u t h C a r o lin a [ M r . T illm
u ld v o te w y e a .”
le a g u e w e r e p r e s e n t a n d a t lib e r t y to v o te , h e
M r . S H I V E L Y ( w h e n M r . K ern’ s n a m e w a
a i l e d ) . I a g a in
e r n ] , w ho is dea n n o u n c e th e a b se n c e o f m y c o lle a g u e [ M r .
ta in e d e ls e w h e r e on b u s in e s s o f th e S e n a te ,
h e w e r e p re se n t,
h e w o u ld v o te “ y e a "
M r . T A Y L O R ( w h e n M r . L ea ’ s n a m e w
c a lle d ).
M y c o lle a g u e [ M r . L ea ] is a b s e n t o n t h e b u sin e ss
f t h e S e n a te .
He
re q u e s te d m e to s t a t e t h a t h e is p a ir e d
th th e ju n i o r S e n a t o r f r o m R h o d e I s la n d [ M r . L ippitt],
d th a t i f he w ere
p r e s e n t h e w o u ld v o te “ y e a .”
M r . L I P P I T T ( w h e n h is n a m e w a s ca
d ).
I ann ounce m y
p a ir w i t h th e ju n io r S e n a to r f r o m T e n n
se e [ M r . L ea ].
If I
w e r e a t lib e r t y to v o te , I s h o u ld v o te “ n
M r. M c C U M B E R
(w h e n h is n a m e w a s c a ll e d ) .
A g a in
t r a n s f e r r i n g m y p a ir w it h t h e s e n io r Si a a to r f r o m M is s is s ip p i
[ M r . P e r c y ] to th e s e n io r S e n a to r fr o
li c l i i g a n [ M r . S m it h ],
I v o te “ y e a .
M r . R E E D ( w h e n h is n a m e w a s c? e d ) .
I m a k e th e s a m e
a n n o u n c e m e n t w it h r e fe r e n c e to m y
g h t to v o te t h a t I h a v e
h e r e to fo r e m a d e . I v o te “ y e a .”
M r . T O W N S E N D ( w h e n th e n a m e f M r . S mith o f M ic h ig a n
t th e se n io r S e n a to r f r o m
w a s c a ll e d ) . I d e s ir e to a n n o u n c e t]
t f r o m th e c ity , is p a ir e d
M ic h ig a n [ M r . S m it h ], w h o is ab
S e n a to r f r o m M is s is s ip p i
in f a v o r o f th e b ill w it h th e s e n t
[ M r . Percy].
t
M r . T I L L M A N (w h e n h is naR&e w a s c a l l e d ) .
U n d e r th e
s ta te m e n t a l r e a d y m a d e o f th e t r a n s f e r o f m y p a ir w it h th e
S e n a to r f r o m V e r m o n t [ M r . D illSngham ] to th e S e n a to r fr o m
A la b a m a [ M r . Johnston ], I w i l l 'v o t e .
I v o te “ n a y .”
M r . W A R R E N ( w h e n h is m im e w a s c a l l e d ) .
I a g a in a n h o u n c e m y s ta n d in g p a ir w i t h th e se n io r S e n a to r f r o m L o u is i
a n a [ M r . F oster], a n d I w is h to a n n o u n c e t h a t I s h a ll s ta n d
p a ir e d w ith t h a t S e n a to r f o r t h e d a y u p on a n y v o te s w h ic h
m a y fo llo w .
T h e r o ll c a ll h a v in g b een c o n c lu d e d , th e r e s u lt w a s a n ftm c e d — y e a s 5 4 , n a y s 2 0 , a s f o l l o w s :
YEAS— 54.
B a con
Borah
Bonrne
Bradley
Brandcgee
Briggs
Bristow
Brown
Burton
Chamberlain
Clarke, Ark.
Crane
Crawford
Culloin
Bailey
Bryan
Burnham
Chilton
Clark, Wyo.
Bankhead
Clapp
Curtis
Da vis
Dillingham
Cummins
Dixon
du Pont
Gamble
Gardner .
Gronna
Guggenheim
Hitchcock
Johnson, Me.
.Tones
Kenyon
La Follette
Lodge
McC umber
Culberson
Gallinger
Ileyburn
Nixon
O ’Gorman
McLean
M artin, Va.
Martino, N. J.
Myers
Nelson
Newlands
Owen
Page
Perkins
Poindexter
Pomerene
Rayner
Reed
Richardson
N A Y S — 20.
Oliver
Overman
Paynter
Smith, Md.
Stone
NOT V O T IN G — 17.
Lea
Fletcher
Lippitt
Foster
Lorimer
Gore
Penrose
Johnston, Ala.
Percy
Kern
S o th e b ill w a s p a sse d .
Root
Shively
Simmons
Smith, Ga»
Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Taylor
Townsend
W illiam s
Thornton
Tillman
W atson
Wetmore
Works
Smith, Mich.
Warren
/
T H E M E T A L SC H E D U LE .
The V IC E P R E S ID E N T .
T h e C h a ir a g a in la y s b e fo r e th e
Senate H o u s e b ill 1 8 6 4 2 , to a m e n d a n a c t e n tit le d “ A n a c t to
iro v id e re v e n u e , e q u a liz e d u tie s , a n d e n c o u ra g e th e in d u s tr ie s
f th e U n ite d S ta t e s , a n d f o r o th e r p u r p o s e s ,” a p p ro v e d A u g u s t
> 1 9 0 9 , w h ic h h a s b een re a d tw ic e b y it s title .
T h e S e n a to f
f o n t M is s o u r i [ M r . R e e d ] h a s e n te r e d a m o tio n to r e fe r tl
ill to th e C o m m itt e e on F in a n c e w it h in s tr u c tio n s to re p o r t
a c k w ith in 20 d a y s .
M r. R E E D .
M r . P r e s id e n t, I h a v e c o n s u lte d a n u m b e r o *
Senators, a n d I a m in fo r m e d t h a t it w ill p r o b a b ly n o t be n e c e s a r y to fix a n y tim e w h e n th e b ill s h a ll be re p o r te d .
I th e re °Te w it h d r a w th e m o tio n .
The V IC E P R E S ID E N T .
T h e S e n a to r f r o m M is s o u r i w it h
draws th e m o tio n , a n d th e b ill is r e fe r r e d to th e C o m m itte e on
’in a n ce .
SERVICE OF C E R T A IN L IN E OFFICERS OF T H E A R M Y
1579
( S . DOC. N O . 2 S S ) .
T h e V I C E P R E S I D E N T la id b e fo r e th e S e n a te a c o m m u n ic a
tio n f r o m th e S e c r e ta r y o f W a r , tr a n s m ittin g , in r e s p o n s e to a
re s o lu tio n o f th e 22 d in s t a n t, a s ta te m e n t s h o w in g th e n a m e s ,
r a n k , a n d o r g a n iz a tio n s o f a ll officers o f th e lin e o f th e A r m y
w h o , d u r in g th e s i x y e a r s e n d in g J u ly 3 1 , 1 9 1 1 , h a d n o t s e rv e d
tw o y e a r s in th e o r g a n iz a tio n s in w h ic h th e y w e r e r e s p e c tiv e ly
c o m m is s io n e d , etc., w h ic h , w ith / th e a c c o m p a n y in g p a p e r, w a s
r e f e r r e d to th e C o m m itt e e on M i li t a r y A f f a i r s a n d o r d e r e d to be
p r in te d .
P E T IT IO N S A N D M E M O R IA L S .
M r . R O O T p r e s e n te d m e m o r ia ls o f th e G e o r g e W a s h in g t o n
B r a n c h o f th e M o n r o e D o c tr in e L e a g u e , th e J e ffe r s o n D e m o
c r a t ic C lu b , o f th e s ix te e n t h c o n g r e s s io n a l d is tr ic t, th e U . S .
G r a n t B r a n c h o f th e S t a r S p a n g le d B a n n e r A s s o c ia tio n , a n d o f
th e W a t e r f o r d F e d e r a tio n , a ll o f N e w Y o r k C it y , r e m o n s tr a tin g
a g a in s t th e r a tific a tio n o f th e p ro p o s e d tr e a t ie s o f a r b it r a t io n
b e tw e e n th e U n it e d S ta t e s , G r e a t B r it a i n , a n d F r a n c e / w h ic h
w a s o r d e r e d to lie on th e ta b le .
H e a ls o p r e s e n te d m e m o r ia ls o f s u n d r y o r g a n iz a tio n s o f
B r o o k ly n , B a lls t o n S p a , L o n g I s la n d C it y , a n d N e w Y o r k C it y ,
a ll in t h e S t a t e o f N e w Y o r k , r e m o n s tr a tin g a g a in s t th e ra tifi
c a tio n o f th e p ro p o se d t r e a tie s o f a r b it r a t io n b e tw e e n th e U n it e d
S ta t e s , G r e a t B r it a i n , a n d F r a n c e , u n le s s a m e n d e d a s re p o r te d
b y th e S e n a te C o m m itt e e on F o r e ig n R e la tio n s , w h ic h w e r e
o r d e r e d to lie on th e ta b le .
H e a ls o p re s e n te d a p e titio n o f s u n d r y c itiz e n s o f L o w v ille ,
N . Y ., p r a y in g f o r th e e n a c tm e n t o f a n in t e r s ta t e liq u o r la w to
p r e v e n t th e n u llific a tio n o f S ta t e liq u o r la w s b y o u t s id e d e a l
e rs, w h ic h w a s r e fe r r e d to th e C o m m itte e o a th e J u d ic ia r y .
M r . L A F O L L E T T E p re s e n te d a p e t itio n o f s u n d r y c it iz e n s
o f B a r a b o o , W i s ., p r a y in g f o r th e e s ta b lis h m e n t o f a c h ild r e n ’ s
b u r e a u in th e B u r e a u o f C o m m e r c e a n d J L a b o r , w h ic h w a s o r
d e r e d to lie on th e ta b le .
/
M r . F L E T C H E R p resen ted , a m e m oi^fil o f s u n d r y c it iz e n s o f
W in d s o r , G a in e s v ille , a n d H a w t h o n i e , a ll in th e S ta t e o f
F lo r id a , r e m o n s tr a tin g agaiSfet t l m 'e n a c t m e n t o f le g is la tio n
c o m p e llin g th e o b s e r v a n c e o f S u n d a y a s a d a y o f r e s t in th e
D i s t r ic t o f C o lu m b ia , w h ic h w a s o r d e r e d to lie o n th e ta b le .
M r. S H I V E L Y
p re s e n te d p e titio n s o f th e I n d i a n a G r a in
D e a le r s ’ A s s o c ia tio n a n d th e I w l i a n a M i lle r s ’ A s s o c ia t io n , o f
I n d ia n a p o lis , I n d ., p r a y in g f o r ,4:he, r a tific a tio n o f th e p ro p o se d
tr e a tie s o f a r b it r a t io n b e tw e e n jR ie th i it e d S ta t e s , G r e a t B r it a i n ,
a n d F r a n c e , w h ic h w e r e o r d e r e d to R e on th e ta b le .
H e a ls o p r e s e n te d p e titio n # 1 f t h e c o n g r e g a tio n s o f th e E v a n o
lic a l C h u r c h o f S y r a c u s e ; a n d th e M o d e r n F r ie n d s C h u r c h
oil A m b o y , o f th e P r e s b y t e r ia n B r o th e r h o o d o f O x fo r d , a n d o f
th i W o m a n ’s C h r is tia n U jw on o f R ic h m o n d , a ll in th e S t a t e o f
I n lia n a , p r a y in g f o r th e e n a c t m e n t o f a n in t e r s ta t e liq u o r la w
to 'p r e v e n t th e n u llific a tio n o f S t a t e liq u o r l a w s b y o u ts id e
d e ilers, w h ic h w e r e r e fe r r e d to th e C o m m itto & ,o n th e J u d ic ia r y .
l e a ls o p r e s e n te d
m e m o r ia l o f L o c a l C o u n c il N o . 1 8 8 ,
U i ite d C o m m e r c ia l T r a v e le r s o f A m e r ic a , o f T e r r e H a u t e , I n d .,
re n on stra tirrg a g a in s t th e e x te n s io n o f th e p a r c o h u o s t s y s t e m
b q y o n d it s p re s e n t lim it a tio n s , w h ic h w a s r e fe r r e d
th e C o m
m it te e o n P o s t O ffices a n d P o s t R o a d s .
/He a ls o p re s e n te d a m e m o r ia l o f th e E x -S o ld i e r s a m f - S a i lo r s ’
a sso cia tio n o f E lk h a r t, I n d ., a n d a m e m o r ia l o f S h ilo h F ie ld
o s t , N o . 1 9 8 , D e p a r tm e n t o f I n d ia n a , G r a n d A r m y o f th e
e p u b lic, o f E lk h a r t , In d ., r e m o n s tr a tin g a g a in s t th e in c o r p o r a ion o f th e G r a n d A r m y o f th e R e p u b lic , w h ic h w e r e r e fe r r e d to
h e C o m m itt e e on th e D is t r ic t o f C o lu m b ia .
M r . R A Y N E R p re s e n te d a p e titio n o f P o m o n a G r a n g e N o . 7 ,
P a tr o n s o f H u s b a n d r y , o f M o n tg o m e r y C o u n ty , M d ., p r a y in g
f o r th e e n a c tm e n t o f a n in t e r s ta t e liq u o r la w t o p r e v e n t th e
n u llific a tio n o f th e S t a t e liq u o r la w s b y o u ts id e d e a le r s , w h ic h
w a s r e fe r r e d to th e C o m m itte e
th e J u d ic ia r y .
on
B IL L S INTRODUCED.
B i l l s w e r e in tro d u c e d , r e a d th e firs t tim e , a n d , b y u n a n im o u s
c o n s e n t, th e se con d tim e , a n d r e fe r r e d a s f o l l o w s :
B y M r. O W E N :
A b ill ( S . 4 9 4 7 ) p r o v id in g f o r th e e q u a liz a t io n o f C r e e k a llo t
m e n ts; and
A b ill ( S . 4 0 4 8 ) to a m e n d a n a c t a p p r o v e d M a y 2 7 , 190 S , en
t it le d “ A n a c t f o r th e r e m o v a l o f r e s tr ic t io n s f r o m p a r t o f th e
la n d s o f a llo t te e s o f th e F i v e C iv iliz e d T r ib e s , a n d f o r o th e r
p u r p o s e s ” ; to th e C o m m itt e e o n I n d i a n A f f a i r s
B y M x .C H A M B E R L A I N :
A b ill ( S . 4 9 4 9 ) g r a n t in g a n In c r e a s e o f p e n sio n to G e o rg e W .
A lle n ( w i t h a c c o m p a n y in g p a p e r s ) ; a n d
A b ill ( S . 4 9 5 0 )
Lnm-uuwq o f n emsion to J o h n
J o n e s ( w i t h a c c o m p a n y in g p a p e r s ) ; to t n f CoYrnfiiftce o n p e n
s io n s .
..
.
CONGRESSIONAL RECORD— HOUSE.
1580
B y M r. J O N E S :
A b ill ( S . 4 9 5 1 ) to fu r th e r re g u la te th e a d m ission o f Chinese
p erson s an d p erson s o f C h in e se d e s c e n t; to the C o m m ittee on
Im m ig ra tio n .
A bill ( S . 4 9 5 2 ) p ro vid in g fo r th e a p p oin tm en t o f an ap
p ra ise r o f m e rc h a n d ise fo r th e cu stom s-collec tio n d istric t o f
P u g e t Sound, S ta te o f W a s h in g t o n ;
A bill ( S . 4 9 5 3 ) fo r th e co n stru ctio n o f a ste a m vessel fo r th e
R e v e n u e -C u tte r S ervic e fo r d u ty on th e P acific c o a s t ; and
A bill ( S . 4 9 5 4 ) p ro vid in g fo r th e pu rch ase or co n struction o f
a la u n c h f o r th e c u sto m s service a t and in th e v icin ity o f P o rt
T o w n se n d , W a s h . ; to th e C o m m ittee on C om m erce.
A bill ( S . 4 9 5 5 ) fo r the r e lie f o f th e e sta te o f F re d erick
F le is in g e r ;
A b ill ( S . 4 9 5 6 ) f o r th e re lie f o f M a tild a E liza b e th W e s t ; and
A bill ( S . 4 9 5 7 ) fo r th e re lie f o f S im on M . P r e s to n ; to the
C o m m itte e on C laim s.
A b ill ( S . 4 9 5 S ) to accept th e cession b y th e S ta te o f W a s h
in g ton o f e x c lu siv e ju risd ic tio n ov er th e la n d s em braced w ith in
th e M o u n t R a in ie r N a tio n a l P a r k , a n d fo r oth er p u r p o s e s ; to
th e C o m m ittee on P u b lic L an d s.
A b ill ( S . 4 9 5 9 ) to p ro vid e f o r th e erection o f a public b u ild
in g a t B la in e , W a s h .; and
A bill ( S . 4 9 0 0 ) to erect a pu blic b u ild in g in th e c ity o f
V a n co u v e r, in the S ta te o f W a s h in g t o n ; to th e C o m m itte e on
P u b lic B u ild in g s an d G rou n d s.
B y M r. P A G E :
A b ill ( S . 4 9 6 1 ) g r a n tin g a n in crease o f pension to Jacob L .
C o o k ; to th e C o m m ittee on P en sio n s.
•
EXECUTIVE SESSIO N.
M r. C U L L O M .
I m o v e th a t th e S en a te proceed to th e con
sid era tio n o f e x e c u tiv e business.
T h e m o tion w a s ag re e d to, an d th e S en a te proceeded to th e
co n sid eration o f e x e cu tiv e bu sin ess. A ft e r seven m in u te s spent
in exe cu tive session th e d oo rs w ere reopened, an d ( a t 4 o’clock
a n d 9 m in u tes p. m ., W e d n e sd a y , J a n u a r y 3 1 , 1 9 1 2 ) th e S en a te
a d jo u r n e d un til to -m o rrow , T h u rsd a y , F e b ru a ry 1, 191 2 , a t 2
o ’clock p. m .
C O N F IR M A T IO N S .
Executive nominations confirmed by the Senate January 30
(calendar day, January 31), 1012.
A ssistant Collector of Customs
W illia m I I. T u rn b u ll to be a s sista n t co lle ctor o f c u sto m s f
th e port o f C a m den , N . J.
United States A ttorney.
H a r r y E u gen e K e lly to be U n ite d S ta te s atto rn e y , d i s t r ^ t o f
C olorado.
Postmasters.
ALABAM A.
COLORADO.
E d w a r d L . T ro u n stin e , W a lse n b u rg .
IN D IA N A .
B e n ja m in J. B u r r is , W a sh in g to n .
IO W A .
/
P e rry T . G rim e s, B loom field .
SOUTH CAROLINA.
/
HOUSE OF REPRESENTATIVES.
W
ednesday,
Janugti'y 31, 1912.
T h e H o u se m e t a t 1 2 o ’clock nflon.
T h e C h a plain , R e v . H e n r y N ...L o u d e n , D . D ., offered th e f o l
lo w in g p r a y e r :
J
W e bless T h e e, A lm i g h t y /G o d , ou r h e a v e n ly F a th e r , fo r
T h y w on d erfu l p atience a m p ten der m ercies.
L o v e w a its upon
u s a ll.
W h a t w e m ig h t H ave been w e m a y a lw a y s becom e
th rou g h fa ith , penitence, an d p erseveran ce.
K in d le , w e beseech
T h e e, w ith in our h e a rts th e sacred fla m e an d g r a n t th a t it m a y
b urn b righ ter an d b righ ter u n til w e sh a ll h a v e reached th e
coveted go al, th e p erfe cted m a n h oo d. In J e su s C h r ist ou r L ord .
A m en .
T h e J o u rn a l o f th e p ro ceed in gs o f y e ste r d a y w a s re a d and
approved.
CALENDAR W EDNESDAY.
The S P E A K E R .
T h is is C a le n d ar W e d n e sd a y , an d th e un
finished b u sin ess is th e bill ( S . 3 0 2 4 ) to p ro vid e fo r th e con
stru ction , a lte ra tio n , an d re p a ir o f th e b rid g e a c ro ss th e W e y
m o u th B a c k R iv e r , in th e S ta te o f M a ss a c h u s e tts .
U n d e r th e
ord er m a d e by the H o u s e th e g e n tle m a n fr o m G e orgia [M r .
A damson] is entitled to tw o h ou rs.
M r. C L A Y T O N .
M r. S p e ak e r, th e C o m m itte e on th e J u
d ic ia ry h ad n ot e x h a u s te d its ca ll.
The S P E A K E R .
T h is a rra n g e m e n t w a s m a d e , th e C h a ir
w ill s a y to th e ge n tle m a n fr o m A la b a m a , b y sp ec ial order.
M r. M A N N . Y o u w ill n o t lose.-your righ t.
T h e S P E A K E R . A n d th a t \^fis th e w a y th e J u d ic ia ry C om
m itte e w a s reached.
/
M r. C L A Y T O N .
I w a s n o / p re sen t w hen th e sp ecial ord er
arose.
*
T h e S P E A K E R . T h e spogial ord er w a s th a t th is b rid ge bill
shou ld be th e unfinished bu sin ess, an d th a t th e ge n tle m a n fro m
G e orgia [M r . A damson] sjlould h a v e tw o h o u rs an d th e g e n tle
m an fro m T e n n esse e [Mgf S im s ] one hour.
M r. C L A Y T O N .
M n /N p e a k e r , I d esire to m a k e a n in q u iry
o f th e C h a ir.
T h a t w /1 g iv e th e C o m m itte e on th e J u d ic ia ry
th e ca ll on n e x t W e d n e s d a y ?
The S P E A K E R . /
th in k it w ill g iv e th e J u d ic ia ry C o m
m itte e the ca ll a s agon a s w e get th rou g h w ith th is b ill.
The
ca ll re sts on th e J jiu ic ia ry C o m m ittee , th e C h a ir w ill sta te .
M r. A D A M S O N / M r. S p eak er, it w a s m y u n d ersta n d in g th a t
th e C o m m ittee o f th e J u d ic ia ry h a d th e ca ll, an d th a t i f th is
b ill, th e W e y m q /t h B a c k R iv e r b ill, w e re ta k e n u p to -d a y an d
d isp osed o f, t l i / i th e C o m m ittee on In te r s ta te and F o re ig n C o m
m e rc e could iw t ca ll up an y m o re b ills u n til th e ca ll h a d gone
9
arou n d ag a iu tf an d in a sm u ch a s w e h ad a good m a n y uncon
tested b ills, me co n sid eration o f w h ich w o u ld n ot co n su m e m u c h
tim e, I r e a / y p re fe rre d , i f th e H o u s e d esired , th a t th e C o m m it
tee on t h e /u d i c i a r y sh ou ld go ah e a d an d let th e c a ll get a rou n d ,
so th a t \wien w e ta k e up our b u sin e ss ag a in w e ca n tr a n s a c t
w h a t b u /in e s s w e have.
T h e ^ S P E A K E R . T h e C h a ir w ill re fre sh th e m e m o r y o f th e
g e n tle m a n by re a d in g fr o m p age 1 2 6 7 o f th e R ecord.
A fte r
th e oplloquy betw een th e ge n tle m an fr o m G e orgia an d th e
ge n tle m an fr o m T e n n esse e and v a rio u s oth er gen tle m e n , th e
S p d tk e r sta te d th e m a tte r th is w a y -------Mr. A D A M S O N . W i ll th e S p e a k e r go b a ck o f th a t p assa g e a
little and rea d m y p ro p o sitio n , a n d th en re a d w h a t th e S p e ak e r
seated ?
The S P E A K E R .
T h e w a y th e S p e ak e r sta te d it w a s w h a t
th e H o u s e ag re e d to.
H e r e is th e w a y it w a s s t a t e d :
The gentleman from Georgia asks unanimous consent that this hill— •
T h a t is, th is b rid ge b ill—
—
which is the unfinished business to-day, go over until next Calendar
Wednesday, and be then the unfinished business, and coupled with that
that general debate on the bill next Wednesday, or whenever it comes
up, shall be limited to three hours— two hours to be controlled by the
gentleman from Georgia and one hour by the gentleman from Tennessee
[ M r . S i m s ].
M r. A D A M S O N .
N o w , M r. S p e ak e r, p erm it m e on e m o m en t.
I w ou ld lik e to re a d th e p ro p o sitio n a s I m a d e it, j u s t p reced in g
th a t:
Then, Mr. Speaker, I couple with my request, at the suggestion of
the gentleman from Tennessee, the condition that when we resume con
sideration of this bill on next Wednesday, or at any future time when
it is resumed on the call, general debate be limited to three hours.
Jehn F . S u tte rer, C u llm a n .
E m m a J. P eep les, H a m p to n .
J anuary 31.
T h en th e S p eak er, a fte r m a k in g th e sta te m e n t th a t th e p ropo
sition is th a t it go over u n til n e x t W e d n e s d a y , s t a t e d :
And be then the unfinished business, and coupled with that that gen
eral debate on the bill next Wednesday, or whenever it comes up—R e fe rr in g , e vid e n tly, to th e la n g u a g e o f m y sta te m e n t.
The SP E A K E R .
T h e reason th e C h a ir p u t th a t cla u se in
w a s th a t th e H o u s e by a tw o -tliird s v o te can d isp en se w ith
C a le n d a r W e d n e s d a y e n tirely , an d i f it w ere d isp en sed w ith
to -d a y then th is M a s s a c h u s e tts b rid ge b ill w o u ld be th e u n
finished b u sin ess n e x t W e d n e s d a y .
M r. A D A M S O N .
I t w a s on ly a s a m a tte r o f e xp ed ien cy
th a t I su gg e ste d to th e H o u se , M r. C h a irm a n , th a t th e C o m
m itte e on th e J u d ic ia ry sh ou ld go on, an d th a t it w o u ld be f a ir
to e ve ry b od y th a t the ca ll sh ou ld go on arou n d , an d then, w hen
th e C o m m itte e on In te r s ta te an d F o r e ig n C o m m e rce sh ou ld be
reach ed, it w o u ld n o t be sh u t ou t w ith th e fin ish in g o f th e one
bill, b u t w o u ld h av e th e d a y , or tw o d a y s i f n e c e ssa ry , to com
p le te unfinished business.
The S P E A K E R .
T h e g e n tle m an can a s k u n a n im o u s con
sen t to do a n y th in g he chooses.
M r. G A R R E T T .
M r. S p eak er, I d em an d the re g u la r ord er.
The S P E A K E R .
T h e g e n tle m a n fr o m T e n n e sse e [M r . Gar
rett] d em an d s th e re g u la r order.
T h e re g u la r ord er is th a t
th e H o u s e a u to m a tic a lly re so lv e its e lf into th e C o m m itte e o f
th e W h o le H o u s e on th e s ta te o f th e U n io n fo r th e co n sid era
tion o f th is b ill, w ith th e ge n tle m a n fr o m N o rth C a ro lin a , M r.
Page, in th e ch a ir.
1912.
CONGRESSIONAL RECORD— SENATE.
ice , w h ic h w a s r e fe r r e d to th e C o m m itt e e on C iv il S e r v ic e a n d
R e tr e n c h m e n t .
H e a is o p re se n te d a p e titio n o f W i l l i a m H . C a lk in s P o s t, N o
5 0 2 , D e p a r t m e n t o f I n d i a n a , G r a n d A r m y o f th e R e p u b lic , o f
Hammond, Ind., praying fo r th e p a s s a g e o f t h e so -c a lle d d o lla r
a -d a y p e n sio n b ill, w h ic h w a s r e fe r r e d to th e C o m m itt e e on
Pensions.
H e a ls o p r e s e n te d a p e titio n o f m e m b e r s o f th e P r o g r e s s C lu b
o f S o u th R e n d , In d ., p r a y in g t h a t a n in v e s t ig a tio n b e m a d e in to
t h e c o n d itio n o f d a ir y p r o d u c ts f o r th e p re v e n tio n a n d s p r e a d
o f tu b e r c u lo s is , w h ic h w a s r e fe r r e d to th e C o m m itte e o n A g r i
c u ltu r e an d F o r e s t r y .
H e a ls o p re se n te d a p e titio n o f L o c a l L o d g e N o . 4 6 3 , I n te r n a \ t io n a l A s s o c ia tio n o f M a c h in is ts , o f K o k o m o , I n d ., a n d a p e ti\ tio n o f O ld F o r t L o d g e , N o . 1 4 , A m a lg a m a t e d A s s o c ia t io n o f
Ir o n , S te e l a n d T in W o r k e r s , o f F o r t W a y n e , I n d ., p r a y in g fo r
t h e p a s s a g e o f th e s o -c a lle d e ig h t -h o u r b ill, w h ic h w e r e r e fe r r e d
£o th e C o m m itt e e on E d u c a tio n a n d L a b o r .
'.M r. R O O T p r e s e n te d p e titio n s o f th e W o m a n ’ s C h r is tia n
T e m p e r a n c e U n io n s o f P e r r y , R iv e r h e h d . D r y d e n , W a r s a w ,
P o im u l, J a m e s t o w n , a u d C a n a n d a i g u a ; o f th e c o n g r e g a tio n s
o f (h e C o n g r e g a tio n a l C h u r c h o f W e s t G r o t o n ; th e F i r s t M e t h o
d is t ^ E p isc o p a l C h u r c h o f W a r s a w ; th e S ta t e S tr e e t M e t h o d is t
E p is c o p a l C h u r c h , o f I t h a c a ; th e C o n g r e g a tio n a l C h u r c h o f
B r o o k t p n ; .t h e M e t h o d is t E p i s c o p a l /C h u r c h o f T r u m a n s b u r g ;
th e F i r s t B a p t is t C h u r c h o f I t h a c a ; th e P r e s b y t e r ia n C h u r c h
o f D r y f i e n ; a n d th e M e t h o d is t E p is c o p a l C h u r c h o f W e s t
D a n b y ; o f th e O lin B r o th e r h o o d , o f W i l l i a m s b r i d g e ; th e M e t h o
d is t B r o th e r h o o d o f N o r t h C h i l i ; a n d o f s u n d r y c itiz e n s o f C o
r a m , L o n g . I s la n d , a n d W in d h a m , a ll in th e S t a t e o f N e w Y o r k ,
p r a y in g foe th e e n a c tm e n t o f s#i in t e r s ta t e liq u o r la w to p r e
v e n t th e n u llific a tio n o f S t a t e f l i q u o r l a w s b y o u t s id e d e a le r s ,
w h ic h w e r e ’r e fe r r e d to th e C o m m itte e on t h e J u d ic ia r y .
M r . P O I N D E X T E R p r e se n te d a p e t itio n o f s u n d r y c itiz e n s
o f E v e r e tt , W a s h ., p r a y i n g / f o r th e p a s s a g e o f th e s o -c a lle d
o ld -a g e p e n s io n b ill, w h i c h j w a s r e fe r r e d to th e C o m m itt e e on
P e n s io n s .
-
REFORMS OF C O M M IT T E E S .
M r . B R Y A N , f r o m t h # C o m m itt e e o n P o s t O ffices a n d P o s t
R o a d s , to w h ic h w a s r e fe r r e d th e b ill ( S . 4 7 0 ) f o r th e r e lie f
o f M r s . T e s s ie D u f l o p , re p o r te d a d v e r s e ly th e r e o n , a n d th e
b ill w a s p o s tp o n e d im lf fin ite ly .
M r . C U M M I N S . I M p o r t b a c k a d v e r s e ly f r o m th e C o m m itte e
on th e J u d ic ia r y t li e J A i l ( S . 3 5 7 9 ) to a m e n d se c tio n 1 o f th e
R e v is e d S ta t u te s , in j r e i y t i o n to o a th s , a n d I s u b m it a re p o r t
( N o . 3 2 3 ) th e r e o n . J t 'h e lb ill m a y g o u p on th e c a le n d a r .
The V IC E P R E S ID E N T .
A n a d v e r s e r e p o r t to g o to th e
c a le n d a r ?
M r . C U M M I N S . / I c a ll th e a t te n tio n o f t h e S e n a to r f r o m
O h io [ M r . B u r t o n / to it, a n d h e c a n h a v e su c h d isp o s itio n m a d e
o f it a s h e d e s ir e s .
I m a y s a y to th e S e n a to r f r o m O h io
I h a v e j u s t m a d e , f r o m th e C o m m itte e on th e J u d ic ia r y , an
a d v e r s e re p o r t u p o n S e n a te b ill 3 5 7 9 , in tr o d u c e d b y h im , a n d ,
so f a r a s th e c o m m itte e is c o n c e rn e d , i t c a n e ith e r go to th e
c a le n d a r o r b e in d e fin ite ly p o stp o n e d .
M r. B U R T Q K .
I p r e fe r t h a t it i s li o u l d g o to th e c a le n d a r .
T h e a d v e r s e R e po rt, I u n d e r s t a n d ,M s u p on th e g r o u n d t h a t
th e f o r m o f w ith sh o u ld b e m a d e th e s a m e a s t h a t in e a c h o f
th e r e sp e c tiv e S ta t e s .
T h a t w as one grou n d ?
M r . C U M M I N S . I t i s on th e g r o u n d t h a t th e r e is n o n e c e s s ity
to r m a k in g t h e f o r m o f o a th u n ifo r m th r o u g h o u t th e c o u n tr y .
M r. BURSTON.
I p r e fe r , i f s a t is fa c t o r y , t h a t th e b ill s h o u ld
So to th e c a le n d a r .
M r. C U M M I N S .
S o f a r a s I k n o w , i t w ill b e s a t is fa c t o r y to
th e c o m m itte e .
The Y JC E P R E S ID E N T .
T h e b ill w ill b e p la c e d on th e
c a le n d a i/
M r . T O W N S E N D , f r o m t h e C o m m itt e e on C la im s , to w h ic h
W a s r e fe r r e d th e b ill ( S . 2 6 1 0 ) f o r th e r e l i e f o f th e h e ir s o f
t J e u t . / R . B . C a lv e r t, d e c e a se d , s u b m itte d a n a d v e r s e re p o r t
( N o . 3 2 4 ) th e r e o n , w h ic h w a s a g r e e d to , a n d th e b ill w a s p o s t
poned? in d e fin ite ly .
M ? . S U T H E R L A N D , f r o m th e C o m m itt e e on I n d ia n A ff a ir s ,
to w h ic h w a s r e fe r r e d th e b ill ( S . 2 5 6 ) a ffe c tin g th e s a le a n d
d is p o s a l o f p u b lic o r I n d ia n la n d s in to w n s ite s , a n d f o r o th e r
Purposes, re p o r te d i t w ith a m e n d m e n ts a n d su b m itte d a re p o r t
i
*
j
<
M r . r O M E i n O N l E ? f o r M r . O w e n ) , f r o m th e C o m m itt e e on
I n d ia n A f f a ir s , to w h ic h w a s r e fe r r e d th e b ill ( S . 3 6 S 6 ) a u t h o r
is in g th e S e c r e ta r y o f th e I n te r io r to p e r m it th e M is s o u r i,
K a n s a s & T e x a s C o a l C o. a n d th e E a s te r n C o a l & M in in g C o.
/to e x c h a n g e c e r ta in la n d s e m b r a c e d w ith in th e ir e x is t in g c o a l
le a s e s in th e C h o c ta w an d C h ic k a s a w N a tio n f o r o th e r la n d s
w ith in s a id n a t io n , re p o r te d it w ith o u t a m e n d m e n t a n d s u b
m it te d a r e p o r t ( N o . 3 2 6 ) th e r e o n .
E ST A T E
OF M A R Y
II.
1799
S. ROBERTSON, DECEASED.
M r . T O W N S E N D , f r o m th e C o m m itt e e on C la im s , to w h ic h
w a s r e fe r r e d th e b ill ( S . 1 5 4 4 ) f o r th e r e lie f o f th e e s ta te o f
M a r y I I . S . R o b e r ts o n , d e c e a se d , re p o r te d th e f o llo w in g r e s o
lu tio n ( S . R e s . 2 0 9 ) , w h ic h w a s c o n s id e r e d b y u n a n im o u s c o n s e t t an d a g r e e d t o :
hesolvecl, That the bill (S. 1544) entitled “ A bill for the relief of the
esta\c of M ary H . S. Robertson, deceased,” now pending in the Senate be,
and the same is hereby, referred to the Court of Claims, in pursuance
o f th&provisiorv, of an act entitled “ A n act to codify, revise, and amend
the lafys relating to the judiciary,” approved March 3, 1 9 1 1 ; and the
said court shall proceed with the same in accordance with the provisions
of s u c h ^ c t and report to the Senate in accordance therewith.
\
B IL L S INTRODUCED.
B i l l s w e r e in tr o d u c e d , r e a d th e firs t tim e , a n d , b y u n a n im o u s
c o n s e n t, th e se c o n d tim e , a n d r e fe r r e d a s f o l l o w s :
B y M r. C R A W F O R D :
A b ill ( S I 5 1 3 7 ) f o r th e r e lie f o f A li c e Y . H o u g h t o n ; to th e
C o m m itt e e oh C la im s .
B y M r. D I X O N :
A b ill ( S . 5 1 3 8 ) a u t h o r iz in g t h e S e c r e ta r y o f th e I n t e r io r to
s u r v e y t h e la n d s o f th e a b a n d o n e d F o r t A s s in n ib o in e M ili t a r y
R e s e r v a t io n a n d o p e n th e s a m e to s e t t l e m e n t ; to th e C o m m itt e e
o n P u b lic L a n d s .
B y M r. B R A D L E Y :
A b ill ( S . 5 1 3 9 ) g r a n t in g a p e n s io n to E li z a b e t h M . D e n n y
( w i t h a c c o m p a n y in g p a p e r ) ; to th e C o m m itt e e oh P e n s io n s .
B y M r. T O W N S E N D :
A b ill ( S . 5 1 4 0 ) to r e m o v e th e c h a r g e o f d e s e r tio n f r o m th e
re c o rd o f W a l la c e O . G la z ie r ( w i t h a c c o m p a /iy in g p a p e r s ) ; to
th e C o m m itt e e on M i li t a r y A f f a ir s .
/
B y M r. W I L L I A M S :
* /
A b ill ( S . 5 1 4 1 ) to c o r r e c t a n e r r o r in th e re c o rd o f th e s u p
p le m e n ta l tr e a t y o f S e p te m b e r 2 8 , 1 8 3 0 , m a d e w ith th e C h o c
t a w I n d ia n s , a n d f o r o th e r p u r p o s e s ; to th e C o m m itt e e on I n
d ia n A f f a ir s .
A b ill ( S . 5 1 4 2 ) f o r th e r e lie f o f th e h e ir s o f L o u is C a to , d e
ceased ;
A b ill ( S . 5 1 4 3 ) f o r th 6. r e lie f o f J a m e s K . H a m b l e n ;
A b ill ( S . 5 1 4 4 ) f o r t h & r e l i e f o f th e h e ir s o f U . I I . B u c k , d e
ceased ;
\
A b ill ( S . 5 1 4 5 ) f o r th e b e li e f o f H a r r y P . L e e , J o h n M . L e e ,
a n d th e h e ir s o f N a t h a n ie l \V. L e e , d e c e a s e d ;
A b ill ( S . 5 1 4 6 ) f o r th e r e lie f o f th e h e ir s o f P e te r A n d e r s o n ;
A b ill ( S . 5 1 4 7 ) f o r th e r e lie f o f th e h e ir s o f J . B . C l a r k ;
A b ill ( S . 5 1 4 S ) f o r th e r e lie f o f th e e s ta t e o f N e v in P h a r e s ;
and
A b ill ( S . 5 1 4 9 ) f o r th e r e lie f o f th e h e ir s o f J a c o b K u y k e n
d a ll ; to th e C o m m itt e e on C la im s.
B y A ir. G A M B L E :
A b ill ( S . 5 1 5 0 ) to a m e n d p a r a g r a p h 2 o f se c tio n 2 o f th e a c t
o f J u ly 1, 1 9 0 2 , e n t it le d “ A n a c t to a c c e p t, r a t i f y , a n d c o n firm
a p ro p o s e d a g r e e m e n t s u b m itte d b y th e K a n s a s o r K a w I n d i a n s
o f O k la h o m a , a n d f o r o th e r p u rp o s e s ” ;
A b ill ( S . 5 1 5 1 ) a u t h o r iz in g a n y n a tio n , tr ib e , o r b a n d o f
I n d i a n s to s u b m it c la i m s a g a in s t thef, U n it e d S ta t e s to th e C o u r t
o f C la im s w ith th e r ig h t o f either- p a r t y to a p p e a l to th e
S u p r e m e C o u r t o f th e U n it e d S t a t e s ;
A b ill ( S . 5 1 5 2 ) to a u th o r iz e th e S e c r e ta r y o f th e T r e a s u r y to
c o n s o lid a te s u n d r y f u n d s f r o m w h ic h u n p a id In d ia n a n n u itie s
o r s h a r e s in tr ib a l tr u s t f u n d s a r e o r m a y h e r e a fte r b e d u e ;
and
A b ill ( S . 5 1 5 3 ) to a u t h o r iz e th e S e c r e ta r y o f th e I n te r io r to
u s e in th e p u r c h a s e o f s to c k c a t t le m o n e y s a p p r o p r ia te d to f u l
fill t r e a t y o b li g a t i o n s ; to th e C o m m itte e « n I n d ia n A f f a i r s .
B y A ir. B O U R N E :
A b ill ( S . 5 1 5 4 ) g r a n t in g a n in c r e a s e o f p e n sio n to W i l l i a m
J. C a v e n d e r ( w i t h a c c o m p a n y in g p a p e r s ) ; to th e C o m m itt e e on
P e n s io n s .
B y A ir. S I A I A I O N S :
A b ill ( S . 5 1 5 5 ) f o r th e r e lie f o f J a m e s E . W a l k e r ; to th e
C o m m itt e e on N a v a l A ff a ir s .
B y A ir. C U A 1 A 1 I N S :
A b ill ( S . 5 1 5 6 ) to m a k e a n a p p r o p r ia t io n f o r th e r e m o v a l o f
th e b o d y o f L ie u t. C o l. G e o rg e P o m u t z f r o m S t . P e te r s b u r g ,
R u s s ia , to A r lin g t o n C e m e te r y , V a . ; to th e C o m m itt e e on A p p r o
p r ia tio n s .
I
B y A ir. S A I O O T :
A b ill ( S . 5 1 5 7 ) f o r th e r e lie f o f J a c o b E . A li c ^ a e l; to th e
o m m itte e on C la im s .
/L
B y Air. D I L L I N G I I A A I :
A b ill ( S . 5 1 5 8 ) g r a n t in g a p e n sio n to P h e b e E . B r it t e ll ( w i t h
c c o m p a n y in g p a p e r s ) ; to th e C o m m itte e on P e n s io n s .
B y A ir. P E N R O S E :
A b ill ( S . 5 1 5 9 ) to g r a n t a n h o n o r a b le d is c h a r g e to I s a a c
A d d i s ; to th e C o m m itte e on A lilit a r y A f f a ir s .
CONGRESSIONAL RECORD— SENATE.
1800
A bill ( S . 53.60) fo r th e r e lie f o f tlie ow n e rs o f lig h te r No.
to th e C o m m itte e on C la im s.
A b ill ( S . 51G1) g r a n tin g a n in cre a se o f pension to A n d re w
G e i s t ; and
A bill ( S . 5 3 G2) g r a n tin g a n in cre ase o f pension to A d a M .
B r u ff ( w ith acco m p a n y in g p a p e r s) ; to th e C o m m ittee on P en
sions.
B y M r. G L G G E N I I E I M :
J'
A bill ( S . 51G 3) fo r th e e sta b lish m en t an d m a in ten an ce in the
c ity o f D e n v e r, C o lo ., o f a n in stitu tio n fo r b o tan ical an d a g ric u l
tu r a l r e s e a r c h ; to th e Comndfelee on A g r ic u ltu r e an d F o restry .
B y M r. B R I S T O W :
J r
A b ill ( S . 51G 4) to pjade p osition s under th e go vern m en t o f
th e D is t r ic t o f C o lm n M a w ith in th e classified service o f the
T’ uited S t a t e s ; to th eaC om m ittee on C iv il S erv ic e an d R e tre n ch
m en t.
.(T
B y M r. S H I V E R Y :
A b ill ( S . 5 1 6 5 ) g ra n tin g an in cre ase o f pension to J a m e s M .
M a r t z ; to llio C o m m ittee on P en sion s.
B y M iyJH T P O N T :
A b i l l ' ( S. 51GG) g r a n tin g a pen sion to M a r g A . CQTiJ^ f i n ; to
th e C o m m ittee on P ensions.
B y M r. O W E N :
A bill ( S . 51G7) fo r the re lie f o f A u g u s tu s Ile n q u e n e t; to th e
C o m m ittee on In d ia n A ffa ir s .
A b ill ( S . 51G8) g ra n tin g an in cre a se o f pension to G ra h a m M .
M e a d v ille ( w ith ac com p a n yin g p a p ers) ; to th e C o m m ittee on
P ensions.
A bill ( S . 51G9) a u th o r iz in g th e P on ca T r ib e o f In d ia n s to
in terve n e in th e su it o f th e O m a h a In d ia n s in th e C o u rt o f
C la im s, an d fo r oth er p u r p o se s; to th e C o m m ittee on In d ia n
A ffa ir s .
B y M r. P O I N D E X T E R :
A bill ( S . 5 1 7 0 ) to re im b u rse C h a rle s C. C row ell f o r tw o
m o n th s’ .e x tra p a y in lieu o f tr a v e lin g expenses-; to th e C o m m it
tee on ClaJiTM*.
''
A b ill ( S . 5 1 7 1 )
n .-p ro slo n to Josephine A . D a v i s ;
an d
„ .
A b ill ( S . 5 1 7 2 ) gra n tin g an in cre ase iff'n w w w n w lo .J o seph M .
W ol5,er.t; to th e C o m m ittee on P e n sio n s^
.
‘ 'v ■
128;
ESTATE
A L L A N J . M A N N , DECEASED.
P M r. O W E N su b m itte d an am en d m e n t p ro po sin g to ap p ro p ri
a te $ 2 2 8 to p ay th e leg a l re p re se n ta tiv e s o f A lla n J. M a n n , a d e
c e ase d con tractor, f o r services rendered in tra n sp o rtin g th e
m a ils in th e S ta te o f T e x a s p rio r an d up to th e 3 1 st d a y o f M a y ,
1 8 6 3 , etc., inten d ed to be proposed b y h im to the P o st Office a p
p ro priation b ill, w h ich w a s re ferre d to th e C o m m itte e on P o st
Offices and P o st R o a d s an d ordered to be p rinted.
W I T H D R A W A L OF P A P E R S ---- H E N R Y
C.
„
Ordered, That the papers in the case of Henry C. Yates, S. 3099,
Sixty-second Congress, first session, be withdrawn from the files of l i e
Senate, no adverse report having been made thereon.
RAILROADS IN
T H E DISTRICT OF COLU M BIA.
J
M r. I I E Y B U R N su b m itte d the fo llo w in g re so lu tion (Sc R e s.
2 3 0 ) . w h ich w a s re a d , co nsidered by u n a n im ou s c o n so rt, and
agreed to.:
Jr
Resolved, That the Secretary of the Treasury be directed to advise
the Senate o f-th e character, extent, and assessed val lotion of the
property owned hy each of the railroad companies, tefluding street
railway companies^, operating in the District of CoWmbia, and the
amount of taxes pafS^by each of said companies duryjfe the last calen
dar year.
A
JF
H EA RIN G S
BEFORE
T%U2
COM M ITTEE
ON
MIJpES
AND
M IN IN G .
M r. P O I N D E X T E R su b m itte d th e foll^rWing reso lu tion ( S .
R e s. 2 1 1 ) , w h ich w a s reW i an d r e f e r r e d to th e C o m m ittee to
A u d it an d C o n tro l th e Coirfemgent E x p a n se s o f th e S e n a te :
Resolved, That the Committcff^m Mines#and Mining, or any subcom
mittee thereof, is hereby authorised duwrtg the Sixty-secbnd Congress
to send for persons and papers, t<wgd!#l5iister oaths, to employ stenog
raphers from time to time to repo’rtJsuch hearings as may be had in
connection with any subject that maff.be pending before said committee,
and to have the testimony and gl'bcofedings of such hearings printed
for the use of the committee. Tyre expanses of such hearings shall be
paid out of the contingent fun<fcrt)f the Sfenate, and said committee and
subcommittee thereof may sit c u rin g the Sessions of the Senate.
P U B L IC -tm L IT IE S
C O M J^ S S IO N .
M r. G A L L I N G E R .
T a s k u n a n im o u s con sen t th a t th e S en a te
proceed to th e con sid eration o f th e b ill (W. 3 8 1 2 ) to re g u la te
p u b lic u tilitie s in ttfe D is tr ic t o f C o lu m b ia \ n d to co n fe r upon
th e C o m m issio n er# o f the D is tr ic t o f C o lu m b ia th e d u tie s an d
p ow ers o f a pu iffic-u tilities co m m issio n .
%
T h e re being, rio ob je ctio n , th e S en a te , a s in C o m m ittee o f th e
W h o le , p r o v i d e d to co n sid er th e b ill, w h ich h a d been rep orted
fro m th e C o m m ittee on th e D is tr ic t o f C o lu m b ia w ith a m en d
m en ts. /
Eebruaky 7,
M r. G A L L I N G E R .
I a sk u n a n im o u s con sen t th a t th e fo r m a l
re a d in g o f th e b ill b e d isp en sed w ith an d th a t th e b ill b e rea d
fo r am en d m e n t, th e co m m itte e a m e n d m e n ts to be first con
sidered.
The V IC E P R E S ID E N T .
I s th e re o b je c tio n ?
T h e C h a ir
h e a rs none. T h e b ill w ill be rea d fo r am en d m e n t, the co m m ittee
am en d m e n ts to be first consid ered .
T h e S e c re ta ry proceeded to read th e bill.
T h e first am en d m e n t o f th e C o m m itte e on th e D is tr ic t o f
C o lu m b ia w a s, in' section 1, p age 4, lin e 5, a fte r th e w o rd “ ra il
ro a d s,” to s trik e ou t “ a n d ” ; in th e sa m e lin e , a fte r th e w o rd
“ co m p a n y ,” to in se rt “ a n d th e N o r fo lk & W a s h in g to n S te a m
b o a t C o., an d a ll co m p an ie s en ga ged in in te rsta te traffic upon
th e P oto m ac R iv e r and C h e sap e ak e B a y ,” so a s to r e a d :
The term “ common carrier ” when used in this act includes express
companies and every corporation, street railroad corporation, company,
association, joint-stock company or association, partnership, and person)
their lessees, trustees, or receivers, appointed by any court whatsoever,
owning, operating, controlling, or managing any agency or agencies for
public u s e .for the conveyance of persons or property within the Dis
trict of Columbia for hire. Steam railroads, the Washington Terminal
Co., and the Norfolk & Washington Steamboat Co., and all companies
engaged in "interstate traffic upon the Potomac River and Chesapeake
Bay are excluded from the operation of this act, and are not included
in the term “ common carrier.”
T h e a m en d m en t w a s ag reed to.
T h e S ec re ta ry resum ed the re a d in g o f th e b ill, an d read to
th e end o f th e fo llo w in g c la u se , in section 3 on p ag e 9 :
\ Sec . 3. That every public utility doing business in the District of
'Columbia having-tracks, conduits, subways, poles, wires, switchboards,
^exchanges, works-, or other equipment shall, for a reasonable compensa
t i o n , permit the temporary use of the same or a permanent use for a
distance not exceeding 2,500 feet by any other public utility whenever
public convenience-and necessity require such use, and when such use
will not result in a noncompensatory or irreparable injury to the owners
or other users of such equipment, nor in any substantial detriment to
the service to be rendered by such owners or other users.
M r. W I L L I A M S y
M r. P re sid en t, I sh o u ld lik e to a s k th e
S e n a to r in ch a rg e <if th e b ill a q u e stio n a t th is p oin t. W h y did
th e co m m itte e lim it t h a t p ro v isio n to 2 ,5 0 0 fe e t?
M r. G A L L I N G E R .I M r. P re sid en t, I w ill s a y to th e S e n a to r
th a t th a t is an a r b itr a r y d ista n ce .
On tlie one b a n d , th ere
w e re th o se w h o contend ed th a t w e o u g h t n ot to com p el one
co m p an y to go o v er t i e tr a c k s o f an o th e r, an d , on th e oth er
h an d, th e re w a s a con ten tion th a t th e y o u g h t to be p erm itted
to do so w ith o u t re strictio n . A ft e r v e ry c a re fu l con sid eration
on th e p a r t o f a ll p a r tie s in in terest, it w a s decided th a t th e re
m ig h t w e ll be a re striction , th e c o m m issio n ers co n ten d in g,
how ever, th a t th e y th o u g h t it o u g h t to be 3 ,0 0 0 fe e t, b ecau se
th a t w ou ld se rv e th e p u to o s e iu a p a r tic u la r p la ce in th e
D is tr ic t w h e re th e y w an te d one c o m p a n y ’s c a rs to ru n ov er
th e tr a c k s o f a n o th e r, b u t \ it w a s fin a lly d eterm in e d to p u t
2 ,5 0 0 fe e t in th e b ill— w h i e f t i s a lm o s t h a lf a m ile — th in k in g
th a t w o u ld a n sw e r ev e ry co n tin g en cy th a t m ig h t arise .
M r. W I L L I A M S . T h e re a son I a sk e d the q u estio n w a s t h i s :
T h e bill p ro v id es th a t "w h en oi^p co m p an y d oes u se th e trac k s
o f an o th e r te m p o r a r ily or p e r n % n e n tly it sh a ll p a y d u e com
p en sa tio n f o r it.
T h e d ista n c e Yfrom th e T r e a s u r y B u ild in g ,
le t u s s a y , to th e C a p ito l is m u c h V n o re th a n 2 ,5 0 0 fe e t.
M r. G A L L I N G E R . I t is a b o u t flwice th a t d ista n c e , p ro b ab ly .
M r. W I L L I A M S .
I t is v e r y proTbable th a t v e r y m a n y lin es
m a y in the course o f tim e h a v e to rVn over th a t sp ace, b ecause
it fo r m s th e ce n tra l a r te ry o f th e to\«n, fr o m th e W h it e H o u s e
to th e C a p ito l, an d it w o u ld be o u t o \ a l l reason to a llo w a n y
m o re tr a c k s to be la id on P e n n sy lv a n ia v A v e n u e or on F ifte e n th
S tree t th a n a r e a lr e a d y laid .
T h e re i \ a d ou b le tra c k th ere
n ow .
I t se 6m s to m e th e lim it fixed in, th e b ill ou g h t to be
sufficient, a t a n y ra te , to co ver th a t d istance.
M r. G A L L I N G E R .
T h e p ro b a b ilitie s a r e th a t in th e n e ar
fu tu r e th e re w ill b e a n o th e r cro ss-to w n Hire a litt le n orth o f
P e n n s y lv a n ia A v e n u e th a t w ill qu ite lik eljR ta k e ca re o f th e
lin e o f a n y co m p an y th a t w ish es to co m e intefethe D is t r ic t fro m
V ir g in ia , w e w ill s a y ; so th a t I th in k -------- \
M r. W I L L I A M S .
Y e s ; b u t i f th e S en a to r \ v iR e x cu se m e,
th is n o t o n ly lim its th e d ista n c e o v e r w h ich onft. co m p an y m a y
u se th e tr a c k s o f a n o th e r p e rm a n e n tly , b u t it \ i m i t s i t te m
p o r a rily .
M r. G A L L IN G E R . N o.
\
M r. W I L L I A M S . N o w , suppose-------\
M r. G A L L I N G E R .
I w ill sa y to th e S en a to r tlr^t it d oes
n ot lim it i t te m p o ra rily .
I n e m ergen cies th e co m p a n ie s are
p e rm itte d to go over th e tr a c k s a s f a r a s th e y m a y s e k f it .
M r . W I L L I A M S . A s I h a v e h e a rd th e b ill, it se em s to lim it
b oth uses, te m p o ra ry an d p erm an en t.
M r. G A L L I N G E R .
T h e S e n a to r is w ro n g a b o u t th a t.
M r. W I L L I A M S . I w a s go in g to s a y th a t a co m p an y m ig h t
co m e in fro m M a r y la n d a t one end or fr o m V ir g in ia a t th e
other, an d w h ile th e y w ere g e ttin g th e b a la n ce o f th e ir cross-
i
1912.
CONGRESSIONAL RECORD— SENATE.
1833
A b ill ( S . 5 1 8 1 ) g r a n t in g a n in c r e a s e o f p e n s i o n
n n ie A .
W eegar
( w i t h a c c o m p a n y in g p a p e r ) ; to ttu
m it te e on
P e n s io n s .
B y M r. B R A N D E G E E :
A b ill ( S . 5 1 8 2 ) g r a n t in g a n in c r e a s a 5®? p e n sio n to F r a n c e s A .
T u b b s ; to th e C o m m itt e e o n P q p gilm s.
B y M r. B U R T O N :
A b ill ( S . 5 1 8 3 ) to d o im j^ /f w o p ie c e s o f a r t ille r y f o r m e m o r ia l
p u r p o s e s a t th e g r a v e ^ r m e la t e B r ig . G en . J o h n S . C a s e m e n t,
U n it e d S t a t e s V o lu ff^bers, a t P a in e s v ille , O h i o ; to th e C o m m it
te e on M i li t a r y J g ffairs.
A b ill (S .J jg t» 4 ) g r a n t in g a p e n s io n to J o h n C a r n e s ; and
SCH OOL LAN D S IN C H E LA N CO U N TY, W A S H .
A b ill (Jg?5 1 8 5 ) g r a n t in g a n in c r e a s e o f p e n sio n t o J a m es E .
M r. J O N E S .
I a m d ir e c te d b y th e C o m m itt e e o n P u b lic
F u l l e r ; - t o th e C o m m itt e e on P e n s io n s .
L a n d s , to w h ic h w a s r e fe r r e d th e b ill ( S . 1 6 9 7 ) g r a n t in g 2
B y M r. O W E N :
a c r e s o f la n d to sc h o o l d is t r ic t N o . 4 4 , C h e la n C o u n t y , W a s h .,/
A b ill ( S . 5 1 8 6 ) to in c o r p o r a te th e B r o th e r h o o d o f N o r t h
to re p o r t it f a v o r a b ly w it h a n a m e n d m e n t in th e n a t u r e o f
A m e r ic a n I n d i a n s ; to th e C o m m itt e e on I n d ia n A ff a ir s .
a s u b s t itu t e , a n d I s u b m it a re p o r t ( N o . 3 4 1 ) th e r e o n .
I ask
B y M r. G A L L I N G E R :
'
^ * * * w * # * * w i » b* *
f o r th e p r e s e n t c o n s id e r a tio n o f th e b ill.
A b ill ( S . 5 1 8 7 ) f o r th e p ro te c tio n o f s to c k h o ld e r s in c o r p o r a
The V IC E P R E S ID E N T .
T h e S e c r e ta r y w i ll r e a d th e b ill
tio n s d o in g a n in t e r s ta t e b u s i n e s s ; to th e C o m m itt e e o n I n te r
f o r th e in fo r m a t io n o f th e S e n a te .
s t a t e C o m m e rc e .
The S e c r e t a r y .
T h e c o m m itte e a m e n d s th e b ill b y s t r ik
B y M r. C L A P P :
in g o u t a ll a f t e r th e e n a c t in g c la u s e a n d i n s e r t i n g :
A b ill ( S . 5 1 8 8 ) to c o rr e c t t h e re c o rd in th e c a s e o f P a s s e d
That there is hereby granted to school .district No. 44, Chelan
A s s t . S u r g . W i l l i a m N e il M c D o n e ll, U n it e d S ta t e s N a v y ; to th e
County, State of W ashington, 1.77 acres in lot 3, section 13, township
C o m m itt e e on N a v a l A ff a ir s .
27 north, range 16. east, W illam ette meridian, more particularly de
B y M r. B A I L E Y :
scribed as follows : Beginning at the corner numbered 1 of the tract
of land to be described, which is a stone niarked S .H .-4 4 , from which
A b ill ( S . 5 1 8 9 ) f o r th e r e lie f o f th e h e ir s o f W i l l i a m S ta n s the quarter corner between sections 13 apd 14, same township, bears
bury, d e c e a s e d ;
north 4 50 feet ; thence; south 02 east 4 18 feet to corner numbered 2 ;
A b ill ( S . 5 1 9 0 ) f o r th e r e l i e f o f th e h e ir s o f D r . J a m e s
thence south 209 feet t'p corner numbered 3 ; thence north 62 west 418
feet to corner numberedvl ; thence nort|i 209 feet to corner numbered
G o w e r, d e c e a s e d ; a n d
1, the place of beginningibefng the same as now used and occupied by
( B y r e q u e s t.) A b ill ( S . 5 1 9 1 ) f o r th e r e lie f o f th e h e ir s a t
said district for public-school purposes; and the Secretary of the
Interior is hereby authorised and directed to issue patent for said
l a w o f G r e e n C a s w e ll C u lp , d e c e a s e d ; to th e C o m m itt e e on
lands to said school district.
C la im s .
B y M r. H E Y B T J R N :
The V IC E P R E S ID E N T .
I s th e r e o b je c tio n to t h e p re s e n t
A b ill ( S . 5 1 9 2 ) f o r th e r e lie f o f W . B . H o r n ; to th e C o m m it
c o n s id e r a tio n o f th e b i ll? :
te e o n P o s t O ffices a n d P o s t R o a d s .
T h e r e b e in g n o o b je c tio n t h e b ill w a s c o n sid e r e d a s in C o m
m it te e o f th e W h o le .
St
A M E N D M E N T S TO D IS T R IC T OF C O L U M B IA A P P R O P R IA T IO N B IL L .
T h e a m e n d m e n t w a s a g r e e d to.
M r . M A R T I N o f V ir g in ia s u b m itte d a n a m e n d m e n t p ro p o s in g
T h e b ill w a s re p o r te d t o / t h e S e n a te a s a m e n d e d , a n d th e
to a p p r o p r ia te $ 5 ,0 0 0 f o r th e o p e n in g a n d im p r o v e m e n t o f D e a n
a m e n d m e n t w a s c o n c u r r e d in .
A v e n u e a n d G r a n t S tr e e t, j u s t e a s t o f B e n n in g s , e tc ., in te n d e d
T h e b ill w a s o r d e r e d to / b e e n g r o s s e d f o r a th ir d re a d in g ,
to b e p ro p o s e d b y h im to th e D i s t r i c t o f C o lu m b ia a p p r o p r ia
r e a d th e th ir d tim e , a n d p a sse d .
tio n b ill, w h ic h w a s r e fe r r e d to th e C o m m itt e e o n A p p r o p r ia
T h e tit le w a s a m e n d e d SO a s to l ;e a d : “ A b ill g r a n t in g c e r ta in
tio n s a n d o r d e r e d to b e p rin te d .
la u d s to sc h o o l d is tr ic t N p . 4 4 , C h e la n C o u n ty , W a s h .”
H e a ls o s u b m itte d a n a m e n d m e n t p r o p o s in g to a p p r o p r ia te
B IL L S IN T R O D U C E D .
$ 1 2 ,0 0 0 f o r p a v in g N ic h o ls A v e n u e , A n a c o s t ia , fr o m G o od H o p e
R o a d to T a lb e r t S tr e e t w ith a s p h a lt , e tc ., in te n d e d to b e p ro
B i l l s w e r e in t r o d u c e ® r e a d th e fir%t tim e , a n d , b y u n a n im o u s
p o se d b y h im to th e D is t r ic t o f C o lu m b ia a p p r o p r ia tio n b ill,
c o n s e n t, t h e se c o n d tiiffe, a n d r e fe r r e d a s f o l l o w s :
w h ic h w a s r e fe r r e d to th e C o m m itte e o n A p p r o p r ia tio n s a n d
B y M r. M A R T I N o f V ir g in ia :
%
o r d e r e d to b e p rin te d .
A b ill ( S . 5 1 7 3 ) tq | p r o m o te t h e e fficien cy o f th e L if e - S a v in g
S e r v i c e ; to th e C o m J h ittee on C o m m e rc e .
B R E A K W A T E R A T N A R R A G A N S E T T P IE R , R . I .
A b ill ( S . 5 1 7 4 ) g r a n t in g a p e n sio n to G e o r g e E . H a r r i s o n ;
M r . L I P P I T T s u b m itte d a n a m e n d m e n t p r o v id in g f o r th e
A b ill ( S . 5 1 7 5 ) g r a n t in g a n in c r e a s e p f p e n sio n to L a S a lle
e x a m in a t io n a n d s u r v e y f o r a b r e a k w a t e r a t N a r r a g a n s e t t
C o r b e ll P i c k e t t ; a jfd
•
%
P ie r , It. I ., in te n d e d to bo p ro p o s e d b y h im to t h e r iv e r s a n d
A b ill ( S . 5 1 7 6 ); g r a n t in g a p e n sio n to ljE liz a b e tk B . P r e s to n
h a r b o r s a p p r o p r ia tio n b ill, w h ic h w a s r e fe r r e d to th e C o m
( w i t h a c c o m p a n y in g p a p e r s ) ; to th e C o m m itt e e o n P e n s io n s .
m it te e on C o m m e r c e a n d o r d e r e d to be p rin te d .
B y M r. L O D G E :
%
M A R IO N B. P A T T E R SO N .
Mi*. B R Y A N , f r o m tlie C o m m itt e e on C la im s , to w h ic h w a s
r e fe r r e d th e b ill ( S . 2 0 6 0 ) f o r th e r e lie f o f M a r io n B . P a tte r s o n ,
R eported th e fo llo w in g r e s o lu tio n ( S . R e s . 2 1 2 ) , w h ic h w a s c o n
s id e r e d b y u n a n im o u s c o n se n t a n d a g r e e d t o :
R esolved, T hat the bill (S. 26 6 0 ) entitled “ A bill for the relief of
Marion B. Patterson,” now pending in the Senate, be, and the same
is\hereby, referred to the Court of Claims, in pursuance of the provi
sions of an act entitled “ An act to codify, revise, and amend the laws
relating to the judiciary,” approved March 3, 1 9 1 1 ; and the said court
shall proceed w ith the "same in accordance w ith the provisions of such
act, gnd report to the Senate in accordance therewith.
A b ill ( S . 5 1 7 7 ) a m e n d in g th e s ta tu t e s r e la t in g to p a te n ts ,
r e lie v in g m e d ic a l a n d d e n ta l p r a c titio n e r s fripm u n ju s t b u r d e n s
im p o s e d b y p a te n te e s h o ld in g p a te n t s c o v e r in g m e th o d s a n d
d e v ic e s f o r t r e a tin g h u m a n d is e a s e s , a i lm e n t s , a n d d i s a b i li t i e s ;
to t h e C o m m itt e e on P a te n ts .
B y M r. S H I V E L Y :
A b ill ( S . 5 1 7 8 ) g r a n t in g a n in c r e a s e o f p e n sio n to J a m e s
M ile s ( w i t h a c c o m p a n y in g p a p e r ) ; to th e C o m m itte e on P e n
sio n s.
B y M r. P O I N D E X T E R :
A b ill ( S . 5 1 7 9 ) d ir e c tin g th e S e c r e ta r y o f th e T r e a s u r y to
p re p a re d e s ig n s a n d e s tim a te s f o r a n d re p o r t c o s t o f a n a tio n a l
a r c h iv e s b u ild in g in th e D i s t r ic t o f C o lu m b i a ; to th e C o m m itte e
on P u b lic B u ild in g s a n d G r o u n d s.
M r. P O I N D E X T E R .
I n co n n e c tio n w ith th e b ill, I p re s e n t a
s ta te m e n t o f th e p ro c e e d in g s th a t h a v e a lr e a d y b e e n ta k e n f o r
th e p u rp o se o f th e e re c tio n o f a n a r c h iv e b u ild in g in th e c it y o f
Washington. T h e s ta te m e n t is p r e p a re d b y P r o f. J. F r a n k lin
J a m e s o n , o f th e C a r n e g ie I n s tit u tio n , o f W a s h in g t o n , D . C.
I
m o v e th a t th e p a p e r b e p r in te d a s a d o c u m e n t ( S . D o c . N o . 2 9 7 )
a n d r e fe r r e d to th e C o m m itte e on P u b lic B u ild in g s a n d G r o u n d s
to a c c o m p a n y th e
T h e m o tio n w a s
B y M r. R E E D :
A b ill ( S . 5 1 8 0 )
c itiz e n s o f th e c ity
b ill.
a g r e e d to.
f o r th e r e lie f o f th e m a y o r , c o u n c ilm e n , a n d
o f G la s g o w , M o . ( w i t h a c c o m p a n y in g p a p e r ) ;
t o th e C o m m itt e e on C la im s .
P O S T A L -S A V I N G S
D E P O S IT O R IE S .
M r . G R O N N A s u b m itte d a n a m e n d m e n t in te n d e d to b e p r o
p o s e d b y h im to th e b ill (-S. 4 1 4 2 ) to a m e n d s e c tio n 9 o f th e a c t
o f J u n e 2 5 , 1 9 1 0 , e n title d “ A n a c t to e s ta b lis h p o s t a l-s a v in g s
d e p o s ito r ie s f o r d e p o s itin g s a v in g s a t in te r e s t, w ith th e s e c u r ity
o f th e G o v e r n m e n t f o r r e p a y m e n t th e r e o f, a n d f o r o t h e r p u r
p o s e s ,” w h ic h w a s r e fe r r e d to th e C o m m itte e on P o s t O ffices
a n d P o s t R o a d s a n d O rdered to b e p rin te d .
R E G U L A T IO N
OF
IM M IG R A T IO N .
w a s o r d e r e d to lie on th e ta b le a n d b e p r in te d .
P U B L I C -U T I L I T I E S
C O M M IS S IO N
(s.
DOC.
NO. 3 0 0 ) .
M r. W O R K S .
I d e s ir e to p ro p o s e a n a m e n d m e n t in th e fo r m
o f a s u b s t itu t e to S e n a te b ill 3 8 1 2 , k n o w n a s th e p u b lic -u tilitie s
b ill.
T h is p ro p o s e d s u b s t itu t e is, w ith a f e w m in o r c h a n g e s , a
c o p y o f th e b ill n o w p e n d in g in th e H o u s e .
U p o n th a t b ill t w o
r e p o r ts w e r e m a d e b y th e C o m m is s io n e r s o f th e D i s t r ic t o f C o
lu m b ia .
I a s k t h a t th e p ro p o s e d a m e n d m e n t a n d th o s e tw o
re p o r ts , w h ic h h a v e n o t y e t b een p r in te d , be p r in te d a n d lie o n
th e ta b le .
The V IC E P R E S ID E N T .
W i t h o u t o b je c tio n , a n o r d e r th e r e
f o r w ill b e e n te re d .
If
■V
CONGRESSIONAL RECORD— SENATE.
11834
__________________________________________________ ____________
_
. .
_______^ ___;
.............. - ■■ - - - •=-,
.. .-frj i wrtlfl
H
y
$
E
A
R
T
H
E
COMMITTEE ON WOMAN’S SUFFRAGE.
M r. O V E R M A N su b m itte d th e fo llo w in g re so lu tion ( S . R es.
2 1 3 ) , w b ic b w a s re a d an d re fe r re d to th e C o m m ittee to A u d it
an d C o n tro l th e C o n tin g en t E x p e n se s o f th e S e n a t e :
Resolved, That the Committee on Woman Suffrage, or any subcom
mittee thereof, is hereby authorized, during the Sixty-second Congress,
to send for persons and papers, to administer oaths, to employ sten
ographers to report such hearings as may be had in connection with
any subject that may be pending before said committee, and to have
the testimony and proceedings of such hearings printed for the use of
the committee. The expense of such hearings shall be paid out of the
contingent fund of the Senate, and said committee and subcommittees
thereof may sit during the sessions, of the Senate.
C O N D IT IO N S
OF
EM PLOYM ENT
IN
THE
IR O N
AND
STEEL
I N D U S T R Y '.
M r. B O R A H . I h a v e w h a t is c a lle d a p re lim in a ry rep ort, or,
r a th e r , a re su m e , o f th re e or fo u r v o lu m e s in w h ich is fou n d
th e f u ll rep ort o f th e B u r e a u o f L a b o r, D e p a r tm e n t o f C o m
m e rc e an d L a b o r, on co n dition s o f em p lo ym e n t in th e iron and
steel in d u stry . I t co n sists o f a b o u t 6 0 pages, and is a r 6sum e,
a s I said , o f w h a t is fo u n d in th e e n tire report.
I a s k ' th a t it
m a y be p rin ted a s a S en a te d ocu m en t.
T h e V IC E P R E S ID E N T .
W ith o u t ob je ction , a n order th e re
f o r is entered.
C O M M IS S I O N O N E C O N O M Y A N D E F F IC IE N C Y .
?T
F ebruary 8,
•
•
f
June 30, 1911. Official positions previously held: Consulting expert in
the installation of uniform systems of accounting for the State of Ohio
1902 ; expert for finance commission of the city of Boston, 1908 to
1 9 1 0 ; expert for governor of State of Massachusetts, 1910 to 1 9 1 1 ;
president of Massachusetts Society of Public Accountants ; trustee and
member of executive committee of American Association of Public Ac
countants.
Merritt O. Chance, secretary: Age 4 2 : salary as secretary of the
President’s Commission on Economy and Efficiency, $6,000 per annum •
appointed March 8, 1911. Official positions previously held : Assistant
messenger, Post Office Department, 1888 ; clerk, War Department, 1890 •
clerk, Post Office Department, 1891 to 1894 ; clerk and private secre
tary to Fourth Assistant Postmaster General, 1895 to 1899 ; chief clerk
Fourth Assistant Postmaster General. 1899 to 1901 ; private secretary
to the Secretary of W a r / 1901 to 1904 ; superintendent of post-office
supplies, Post Office Department. 1 9 0 4 ; chief clerk, Post Office Depart
ment, 1905 to 1 9 0 8 ; auditor for the Post Office Department, 1908
to 1911.
Very respectfully.
F. A. C l e v e l a n d ,
Chairman.
H O U S E R I L L S REFER RED .
T lie fo llo w in g h ills w ere se v e ra lly read tw ice by tlieir title s
and re ferre d to th e C o m m itte e on th e J u d ic ia r y :
H . It. 18017. A n ac t to am en d an a c t e n title d “ A h a c t to re g u
la te th e liens' o f ju d g m e n ts an d d ec re es o f th e c o u rts o f th e
U n ited S t a t e s : and
H . R . 1 8 g & . A n a c t to a llo w an d re g u la te am en d m e n ts in
ju d ic ia l p roceed in gs in the co u rts o f U n ite d S ta te s.
H . J. lie s . 23S. A jo in t reso lu tion m a k in g ap p ro p ria tio n to
su p p ly j i deficiency in th e a p p ro p riation fo r sup port o f th e
w orkhflfise o f th e D is t r ic t o f C o lu m b ia fo r th e fiscal y e a r 1 9 1 2
w a s rhad tw ice by its title an d re ferre d to th e C o m m itte e on
A p p ro p ria tio n s.
M r. H E Y B U R N . I a sk th a t S en a te D o c u m e n t N o. 2 94 , S ix ty second C on gress, second session , bein g a m e ssa g e fr o m th e
P re sid en t o f th e U n ite d S ta te s tr a n sm ittin g in fo r m a tio n in
resp onse to S e n a te re so lu tion o f J a n u a r y 25, 1 9 1 2 , g iv in g th e
n a m e s o f th e m e m b e rs o f th e C o m m issio n on E c o n o m y and
E fficiency in th e G o ve rn m e n t S ervic e, be p rin ted in the R ecord.
G E N E R A L A R B IT R A T IO N T R E A T IE S .
/T h e V I C E P R E S I D E N T . W ith o u t ob je ction , it is so ordered.
7 M r. L O D G E .
I m o v e th a t th e S en a te proceed to th e con
T h e m e ssa g e is a s f o llo w s :
sid era tio n o f th e a r b itra tio n tr e a tie s w ith G re a t B r ita in a n d
MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING
INFORMATION IN RESPONSE TO SENATE RESOLUTION OF JANUARY 25j'.i F r a n c e in open e x e cu tiv e session.
1312, GIVING THE NAMES OF THE MEMBERS OF THE COMMISSION 0&
T h e m otion w a s a g re e d to.
ECONOMY AND EFFICIENCY IN THE GOVERNMENT SERVICE.
M r. H E Y B U R N .
M r. P re sid en t, I su gg e st th e ab sen ce o f a
To the Senate:
JF
q uorum .
The V IC E P R E S ID E N T .
T h e S e c re ta ry w ill c a ll th e ro ll.
In resp on se to th e re so lu tion o f th e S en a te d a te d J a n u a r y '25,
T h e S ec re ta ry c a lle d th e ro ll, an d th e fo llo w in g S en a to rs a n 1 9 1 2 , I tr a n sm it h e re w ith , fo r the in fo r m a tio n o f th e S en ate, a
sw ered to th eir n a m e s :
le tte r fr o m M r. F . A . C le ve la n d , c h a irm a n o f th e P r e s e n t ' s
Bacon
Dixon
Myers
C o m m issio n on E co n o m y an d E fficiency, g iv in g th e n # n e s o f
Root
Borali
du Pont
Nelson
Shively
th e m e m b e rs and officers o f th e co m m issio n , th e ir affSs, w h a t
Bourne
Foster
Nixon
Smith, Ga.
official p o sitio n s, i f a n y , th e y h a v e held, and th e s e r i e s th ey
Gallinger
Smith, Md.
Brandegee
O’Gorman
Smith, Mich.
Brown
Gamble
Oliver
a r e rece iv in g in th e ir p resen t p osition s.
Smoot
Bryan
Gronna
Overman
W a II. T aft.
Stephenson
Burnham
Ileyburn
Owen
T he W hite H ouse, February 5, 1 9 1 2 .
#'
Sutherland
Burton
Hitchcock
Page
Swanson
__
J&f
Paynter
Chamberlain
Kenyon
Thornton
Chilton
Lea
Penrose
^Wa s h i n g t o n J i l a n u a r y 29, 1912.
Townsend
Clapp
Perkins
Lippitt
The P r e s i d e n t :
Warren
Clark, Wyo.
Lodge
Poindexter
Williams
Complying with your request for a memorandum setting forth the Clarke, Ark.
McCumber
Pomerene
Works
McLean
Rayner
names of the members and officers of the PresMent’s Commission on Crawford
Economy and Efficiency, their ages, what offSffial positions, if any, Cummins
Martin, Va.
Reed
Martino, N. J.
they have held, and the salaries they are reviving in their present Curtis
Richardson
positions, the following is submitted :
,5"
M r. B R Y A N .
I d esire to a n n ou n ce th a t m y co lle a g u e
Frederick A. Cleveland, chairm an: Age 4(1; salary as chairman of
/the President’ s Commission on Economy ajftd Efficiency, $10,000 per F l e t c h e r ] is ab sen t on b u sin e ss o f th e S en ate.
(annum; appointed March 8, 1911. Official positions previously held:
T he V IC E P R E S ID E N T .
S ix ty -tw o S e n a to rs h a v e a n sw e re d
instructor of finance, University of Pennsylvania, 1900 to 1 9 0 2 ;
professor of finance, School of Commerce^Accounts, and Finance, New to th e roll call* A q u o ru m o f th e S en a te is p resen t.
M r. W O R K S .
M r. P re sid en t, p u b lic s e n tim e n t in th is co u n try
York University, 1903 to 1905 ; member gpf commission on finance and
taxation appointed by Mayor McClellap, of the city of New York, is d e m a n d in g th e ra tifica tio n o f the proposed tr e a tie s b etw een
1905 to 1 9 0 0 ; member of committee Appointed by Comptroller Metz
T h is is evid e n ce d
for file revision of accounts and admifiistrative methods of New York, th is co u n try an d G re a t B r ita in an d F ra n c e .
1907 to 1908 ; member of committec#on office methods and practices, b y re so lu tio n s o f re lig io u s and civ ic bodies and le tte rs b y the
appointed by Controller Prendergajt, city of New Y o rk ; director, h u n d red s received b y S en a to rs u rgin g such actio n . T h e se n ti
bureau of municipal research, Philadelphia ; director, bureau of munici
m e n ts e xp re sse d in th e se c o m m u n ic a tio n s, c o m in g fr o m e v e ry
pal research, New York City.
William F. W illoughby: Age 4 4 ; salary as member of the President’s p a r t o f the co u n try, a re co m m en d a b le in th e h ig h e st d egree.
Commission on Economy and Efficiency, $6,000 per annum ; appointed D o u b tle ss a lik e se n tim e n t p re v a ils on th e p a r t o f th e p eople o f
March 8, 1911. Official positions previously held: Expert, Department
of Labor, 1890 to 1901 ; treasurer of Porto Rico, 1901 to 1907 ; secre th e tw o g r e a t n a tio n s w ith w h om th e tr e a tie s h a v e been n e g o ti
tary of Porto Rico and president of the Executive Council of Porto ated .
I t is a se n tim e n t th a t lea d s to th e hope th a t som e tim e
Rico, 1907 to 1 9 0 9 ; Assistant Director of the Census, 1909 to 1911.
u n iv ersa l a n d unbrok en p eace betw een th e n a tio n s o f th e e a r th
Walter W . Warwick : Agey 43 ; salary as member of the President’s
w ill no lon g er be a d ream o f th e lo v ers o f p eace b u t a r e a lity .
Commission on Economy apd Efficiency, $6,000 per annum ; appointed
April 20, 1911.
Official positions previously held: Clerk to United
I t is a se n tim e n t th a t m u st find a resp onse in th e m in d a n d
States circuit judge, 1892 to 1 8 9 3 ; confidential clerk, law clerk, and h e a rt o f e v e ry tru e A m e r ic a n citizen .
I t m u st a p p ea l to every
chief law clerk, Treasury!Department, 1893 to 1898, and 1905 to 1 9 0 8 ;
C h r istia n m a n an d w om a n , to e v e ry h u m a n b ein g w h o lov es
deputy auditor Isthmian Canal Commission (Washington office), 1904
to 1905 ; examiner of accounts of the Isthmian Canal Commission and lib e rty an d ju stic e .
auditor of the government of the Canal Zone (on duty on the Isthmus),
B u t , M r. P re sid en t, I can n ot b u t co n fe ss m y d isa p p o in tm en t
1908 to 1911 : appointed associate justice of the supreme court of the
Canal Zone, 1911. H>id not enter on duties of office last named because th a t th e se p roposed tr e a tie s, i f ratified, w ill be so in e ffe ctu a l
of appointment asJnember of the commission.)
a s a m e a n s o f m e etin g th is sen tim en t.
V e r y fe w o f the th o u
Frank ,T Goodntfw; Age 53 ; salary as member of the President’ s Com
.
s a n d s o f p eople w h o a re ca llin g upon S e n a to rs to su p port th e
mission on Economy aud Efficiency, $6,000 per annum ; appointed April
20. 1911. Official positions previously held : Professor of law, Colum tre a tie s r e a lly k n ow th e ir co n ten ts, an d b u t fe w o f th ose w h o
bia University, New York, since 1883 ; member of commission appointed
k now th e ir c o n te n ts u n d ersta n d th e ir m e a n in g an d e ffect.
They
by Gov. Roosevelt in 1900 to revise the charter of the city of New
Y o rk ; member of commission on finance and taxation appointed by are so u n c e rta in in th e ir te rm s an d so in a d e q u a te in e x p re ssio n
Mayor McCfollan of the city of New York, 1905 ; member of commis th a t even on th is d o o r . th e official representi.itivgs o f ou r G o v
sion appointed by Mayor Gaynor to inquire into the causes of conges e rn m e n t d iffe r w id e ly a s to th e ir scope, m ean in g , a n d effect.
tion of population in New York, 1910 ; delegate of the United States
Government to the first Con^rcgg....nf Administrative Science at Brus- T h e q u estio n p resen ted is so fa r-re a c h in g a n d im p o r ta n t in its
e ffec ts th a t I am su re S e n a to rs h a v e given it the m o s t c a r e fu l
Harvey S. Chase : Age 50 ; salary as member of the President’s Com an d u n b ia sed co n sid eration , a s I h a v e trie d to do.
I t to u ch es
mission on Economy and Efficiency, $40 per day while on duty at W ash
th e p eace an d h ap p in e ss o f th e p eo p le o f th re e g re a t n a tio n s.
ington, without cost to the Government for traveling and personal
Y e a , m o re th a n th a t, i f th e se tr e a tie s co u ld ac co m p lish w h a t
expenses, the total cost per annum not to exceed $ 6 ,0 0 0 ; appointed
1912.
CONGRESSIONAL RECORD— SENATE.
s tr u c t a n d m a in ta in a d a m a n d tu n n e l on tlie B i g B e n d o f tlie
J a m e s R iv e r , in S to n e C o u n ty , M o ., to c r e a te e le c tr ic p o w e r .
T lie P R E S I D E N T p ro te m p o r e .
T h e S e n a to r f r o m M is s o u r i
fisk s u n a n im o u s c o n se n t f o r th e p r e s e n t c o n s id e r a tio n o f th e b ill
n am ed;, b y h im , w h ic h w ill be r e a d f o r th e in f o r m a t io n o f th e
S e n a te ).
T h e S e c r e ta r y r e a d th e b ill.
T h e P R E S I D E N T p ro te m p o r e .
I s th e r e o b je c tio n t o th e
p r e s e n t c o n s id e r a tio n o f th e b ill?
M r. I t p a T .
I th in k I s h o u ld lik e to e x a m in e t h i s b ill a litt le
m o r e close% - b e fo r e it is p a sse d .
#
T h e P R E S I D E N T p ro te m p o r e .
O b je c t io n is m a d e , a n d th e
h ill g o e s o v e k
CH OCTAw\\KD
C H IC K A S A W
COAL A N D A S P H A M
LANDS.
T h e P R E S I D E N T p ro te m p o r e laid, b e fo r e tlie S e n a te th e
a m e n d m e n t o f tire H o u s e o f R e p r e s e n ta tiv e s t # t h e a m e n d m e n t
o f th e S e n a te to % e b ill ( H . R . 1 4 0 5 5 ) to p ^S v id e f o r th e s a le
o f th e s u r fa c e o f f * e s e g r e g a te d c o a l a n d a s p h a lt la n d s o f th e
C h o c ta w a n d C h i c k e n \v N a tio n s , a n d f o r o th e r p u rp o s e s .
T h e S e c r e ta r y p ro c e e d e d to re a d th e a m e n d m e n t o f th e H o u s e
o f R e p r e s e n ta tiv e s to 't h e a m e n d m e n t o f ,t h e S e n a te .
M r. I IE Y B U R N .
M ft ^ P r e s id e n t , is t h i s a S e n a te b ill th a t
w e n t to th e H o u s e o r a n o r ig in a l I l o u s e b ill ?
T h e P R E S I D E N T p ro te m p o r e .
I f is a n a m e n d m e n t o f th e
H o u s e o f R e p r e s e n ta tiv e s t o y m a m e n d m e n t o f th e S e n a te to a
H o u s e b ill.
Ik
&
M r. I IE Y B U R N .
T h e n I a s fffffia t it g o to th e c a le n d a r .
M r. G A M B L E .
M r. P r e s id e d ^
th e r e is o b je c tio n , I p r e
s u m e it w ill n e c e s s a r ily g o to -C o s ^ e r e n c e o r to th e C o m m itte e
on I n d ia n A ff a ir s .
M r. I I E Y B U R N .
I t corgfes h e re a f a n a m e n d m e n t in th e
n a t u r e o f a s u b s titu te ,
^ n i e o f u s wfep to o k a n a c tiv e p a r t in
th is m a tte r h a v e n o t h a jp t im e to see it, Said w e w a n t to r e a d it.
I j u s t c a u g h t a p h r a s a m s th e a m e n d m e n t \ya s b e in g r e a d th a t
I ilo n o t th in k h a s b c ^h b r o u g h t to th e a t te n tio n o f th e S e n a to r
f r o m S o u th D a k o t a ,"
Na
M r . G A M B L E . M w ill s a y to th e S e n a to r fr?#B I d a h o t h a t a
b ill s u b s t a n t i a l l w i n th e s a m e f o r m p a s s e d th e l9S*iise. a n d w a s
r e fe r r e d to tli( ^ C o m m it te e on I n d i a n A f f a i r s o f tli$ ::& e n a te .
It
w a s v e r y c a r e fu lly c o n sid e r e d b y t h a t c o m m itte e , a s u b s t i
tu t e w ith cgmnin m o d ific a tio n s r e c o m m e n d e d b y th e C ofcm iittee
on I n d ia n A f f a i r s o f th e S e n a te w a s p a s s e d b y th e S e n a te j m t l
w e n t o v e r 't o th e H o u s e . I th in k th e r e w e r e a c o u p le o f a m e n d
m e n ts m a d e to th e S e n a te s u b s t itu t e b y th e H o u s e o f R e p r e
s e n ta tiv e s .
M r :-H i :Y B U R N .
1 a sk tlie S e n a to r i f th e p r o v is io n in th e
H o u se a m e n d m e n t in re g a rd , t o .#r.uzi.ug
i s th e s a m y i & i i *
p j 0 f l p i Q £ o f th e S e n a te b i l l ?
I t cl!c D n o i Ys lfl'k tf;AiT! 1
T
?
be in g
th e s a m e .
M r .' O W E N .
I t i s th e sa m e .
M r. G A M B L E .
T h e s e n io r S e n a to r f r o m O k la h o m a [ M r .
O w e n ] is e n tir e ly f a m i l i a r w it h it.
f M r . O W E N . T h e r e is n o c h a n g e in t h a t re sp e c t. S i x h u n d re d
/ a n d f o r t y a c r e s is t h e m a x im u m o f g r a z in g la n d a llo w e d to be
f sold . T h a t w a s th e p r o v isio n o f th e S e n a te b ill.
M r. I IE Y B U R N .
I t w a s n o t th e q u a n t i t y ; it* w a s th e m a n n e r
o f se le c tio n w ith in a v e r y s h o r t tim e — th e c la s s ific a tio n . I h a v e
no p e r so n a l in te r e s t in tin s m a tte r , o n ly I p ro p o se to b e a lw a y s
on th e a le r t a g a in s t b u ild in g u p a g r a z in g -la n d t r u s t in th is
c o u n tr y .
T h a t is a ll.
M r. O W E N .
A s I h a v e s a id , 0 4 0 a c r e s is th e m a x im u m o f
g r a z in g la n d to b e so ld u n d e r th is b ill.
I t is th e s a m e a s th e
b ill h e r e to fo r e p a sse d .
T h e P R E S I D E N T p ro te m p o r e . T h e C h a ir w o u ld s u g g e s t to
th e S e n a to r f r o m I d a h o t h a t th e a m e n d m e n t c o u ld n o t w e ll go
to th e c a le n d a r , b u t sh o u ld e ith e r b e a g re e d to , r e fe r r e d to th e
C o m m itte e on I n d ia n A f f a ir s , or d is a g r e e d to a n d a c o n fe re n c e
c o m m itte e a p p o in te d .
M r. I I E Y B U R N .
L e t it g o o v e r f o r a d a y .
M r. B A C O N .
I s u g g e s t f u r t h e r t h a t it m ig h t lie on th e ta b le .
T h e P R E S I D E N T p ro te m p o r e . Y e s ; it m ig h t lie on th e ta b le .
M r. G A M B L E .
I su g g e s t a ls o , a s h a s a lr e a d y b een su g g e s te d
b y th e S e n a to r f r o m G e o r g ia , t h a t it m ig h t lie on th e ta b le .
M r. I I E Y B U R N .
I w ill a g r e e to a n y th in g th a t w ill g iv e u s
an o p p o r tu n ity to e x a m in e it.
M r. O W E N .
I h a v e n o o b je c tio n to th e a m e n d m e n t ly in g on
th e ta b le .
M r. W A R R E N .
I w a n t to a s k i f th e e n tir e a m e n d m e n t w ill
be p rin te d in th e R e c o r d ?
T h e P R E S I D E N T pro te m p o re.
Y es.
Mr. W A R R E N .
1 th ou gh t th e S ecreta ry had n o t finished
readin g, and the en tire am en dm ent ou ght to go in th e R ecord.
M r. O W E N .
T h e m a tte r is a lr e a d y set fo r th in th e re p o r t o f
th e H o u s e , N o . 3 1 7 . I t w a s p r in te d la s t S a tu r d a y .
1945
T h e P R E S I D E N T p ro te m p o r e .
"W ith o u t o b je c tio n , th e e n
tir e a m e n d m e n t w ill b e p r in te d in th e R ecord, a n d w ill, f o r th e
p r e s e n t, lie on th e ta b le .
T h e a m e n d m e n t o f th e H o u s e o f R e p r e s e n ta tiv e s w a s to
s tr ik e o u t a ll o f th e a m e n d m e n t o f th e S e n a te a f t e r th e w o r d
“ T h a t ,” on p a g e 1, lin e 1, a n d in lie u th e r e o f to i n s e r t :
The Secretary of the Interior is hereby authorized to sell at not less
than the appraised price, to be fixed as hereinafter provided, the sur
face, leased and unleased, of the lands o f the Choctaw and Chickasaw
Nations in Oklahoma segregated and reserved by order of the Secretary
of the Interior dated March 24, 1903, authorized by the act approved
July 1, 1902.
The surface herein referred to shall include the entire
estate save the coal and asphalt reserved. Before offering such surface
for sale the Secretary of the Interior, under such regulations as he may
prescribe, shall cause the same to he classified and appraised by three
appraisers, to be appointed by the President, at a compensation to he
fixed by him. not to exceed for salary and expenses for each appraiser
the sum of $15 per day for the time actually engaged in making such
classification and appraisement. The classification and appraisement of
the surface shall be by tracts, according to the Government survey of
said lands, except that lands which are especially valuable by reason of
proximity to towns or cities may, in the discretion of the Secretary of
the Interior, be subdivided into lots or tracts containing not less than
1 acre.
In appraising said surface the value of any improvements
thereon belonging to the Choctaw and Chickasaw Nations, except such
improvements as have been placed on coal or asphalt lands leased for
mining purposes, shall be taken into consideration.
The surface shall
be classified as agricultural, grazing, or as suitable for town lots. The
classification and appraisement provided for herein shall be completed
within six months from the date of the passage of this act, shall be
sworn to by the appraisers, and shall become effective when approved
by the Secretary of the Interior : Provided, That in the proceedings and
deliberation of said appraisers in the process of said appraisement and
in the approval thereof the Choctaw and Chickasaw Nations may pre
sent for consideration facts, figures, and arguments bearing upon the
value of said property.
Sec. 2. That after such classification and appraisement has been
made each holder of a coal or asphalt lease shall have a right for 60
days, after notice in writing, to purchase, at the appraised valilb and
upon the terms and conditions hereinafter prescribed, a sufficient
amount of the surface of the land covered by his lease to embrace im
provements actually used in present mining operations or necessary for
future operations up to 5 per cent of such surface, the number, location,
and extent of the tracts to be thus purchased to be approved by the
Secretary of the In terio r: Provided, T hat the Secretary of the Interior
may, in his discretion, enlarge the amount of land to be purchased by
any such lessee to not more than 10 per cent of such surface : P ro
vided futlier, That such purchase shall be taken and held as a waiver
by the purchaser of any and all rights to appropriate to his use any
other part of the surface of such land, except for the purpose of future
operations, prospecting, and for ingress and egress, as hereinafter re
served : Provided further, That if any lessee shall fail to apply to pur
chase under the provisions of this section within the time specified the
Secretary of the Interior may, in his discretion, with the consent of the
lessee, designate and reserve from sale such tract or tracts as he may
deem proper and necessary to embrace improvements actually used in
present mining operations, or necessary for future operations, under any
existing lease] and dispose of the remaining portion of the surface
within such lease free and clear of any claim by the lessee, except for
the purposes of future operations, prospecting, and for ingress and
egress, as hereinafter reserved.
Sec. 3. That sales of the surface under this act shall be upon the
conditions that the Choctaw and Chickasaw Nations, their grantees,
lessees, assigns, or successors, shall have the right at all times to enter
upon said lands for the purpose of prospecting for coal or asphalt
thereon, and also the right of underground ingress and egress, without
compensation to the surface owner, and upon the further condition
that said nations, their grantees, lessees, assigns, or successors, shall
have the right to acquire such portions of the surface of any tract
tracts, or rights thereto as may be reasonably necessary for prospecting
or for the conduct of mining operations or for the removal of deposits
of coal and asphalt upon paying a fair valuation for the portion of the
surface so acquired.
If the owner of the surface and the then owner
or lessee of such mineral deposits shall be unable to agree upon a fanvaluation for the surface so acquired, such valuation shall be deter
mined by three arbitrators, one to be appointed, in writing, a copy to be
served on the other party by the owner of the surface, one in like
manner by the owner or lessee of the mineral deposits, and the third
to be chosen by the two so appointed ; and in case the two arbitrators
so appointed should be unable to agree upon a third arbitrator within
30 days, then and in that event, upon the application of either in
terested party, the United States district juoge in the district within
which said land is located shall appoint the third arbitrator : Provided
That the owner of such mineral deposits or lessee thereof shall have the
right of entry upon the surface so to be acquired for mining purposes
immediately after the failure of the parties to agree upon a fair valua
tion and tiie appointment, as above provided, of an arbitrator by the
said owner or lessee.
S ec . 4. That upon the expiration of two years after the lands have
been first offered for sale the Secretary of the Interior, under rules
and regulations to be prescribed by him, shall cause to be sold to the
highest bidder for cash the surface ot any lands remaining unsold and
of any surface lands forfeited by reason of nonpayment of any part of
the purchase price, without regard to the appraised value thereofProvided, That the Secretary ot the Interior is authorized to sell at
not less than the appraised value to the McAlester Count rv Club of
McAlester, Okla., the surface of not to exceed 1 60 a c re s 'in section
17, township 5 north, range 15 e a st: Provided further, That the mineral
underlying the surface ot the lands condemned for the State peniten
tiary at McAlester, Okla.. under the Indian appropriation act approved
March 3. 1909, shall be subject to condemnation, under the laws of the
State of Oklahoma, for State penitentiary purposes: And provided fur
ther, That said mineral shall not be mined for other than State peni
tentiary purposes.
S ec . 5. That the sales herein provided for shall be at public auction
under rules and regulations and upon terms to be prescribed by the
Secretary of the Interior, except that no payment shall be deferred
longer than two years after the sale is made.
All agricultural lands
shall be sold in tracts not to exceed 160 acres, and deeds shall not be
issued to any one person for more than 160 acres of agricultural land
grazing lands in tracts not to exceed 640 acres, and lands especially
1 ) 4(5
5
CONGRESSIONAL RECORD— SENATE.
valuable by reason of proximity to towns or cities may, in the discre
tion of the Secretary of the Interior, be sold in lots or tracts containing
not less than 1 acre each. All deferred payments shall bear interest at
5 per cent per annum, and if default be made in any payment when
due all rights of the purchaser thereunder shall, at the discretion of
the Secretary of the Interior, cease and the lands shall be taken pos
session of by him for the benefit of the two nations, and the money
paid as the purchase price of such lands shall be forfeited to the Choc
taw and Chickasaw Tribes of Indians.
S ec 6. That if the mining trustees of the Choctaw and Chickasaw
Nations and the three appraisers herein provided for, or a majority of
the said trustees and appraisers, shall find that such tract or tracts
can not be profitably mined for coal or asphalt and can be more ad
vantageously disposed of by selling the surface and the coal and asphalt
together, such tract or tracts may be sold in that manner, in the dis
cretion of the Secretary of the interior, and patents issued for said
lands as provided by existing laws : Provided, That this section snail
not apply to land now leased for the purpose of mining coal or asphalt
Within the segregated and reserved area herein described.
S ec . 7 That when full purchase price for any property sold herein
is_ paid, the chief executives of the two tribes shall execute and deliver,
with the approval of the Secretary of the Interior, to each purchaser
an appropriate patent or instrument of conveyance conveying to the
purchaser the property so sold, and all conveyances made under this
act shall convey the fee in the land with reservation to the Choctaw
and Chickasaw Tribes of Indians of the coal and asphalt in such land,
and shall contain a clause or clauses reciting and containing the res
ervations, restrictions, covenants, and conditions under which the said
property was sold, as herein provided, and said conveyances shall spe
cifically provide that the reservations, restrictions, covenants, and con
ditions therein contained shall run with the land and bind the grantees,
successors, representatives, and assigns of the purchaser of the surface:
Provided, That the purchaser of the surface of any coal or asphalt land
shall have the right at any time before final payment is due to pay the
full purchase price on the surface of said coal or asphalt land, with
accrued interest, and shall thereupon be entitled, to patent therefor, as
herein provided.
S ec . 8. That there is hereby appropriated, out of any moneys in the
Treasury not otherwise appropriated belonging to the Choctaw and
Chickasaw Tribes of Indians, the sum of $50,000 to pay expenses of
the classification, appraisement, and sales herein provided for, and the
proceeds received from the sales of lands hereunder shall be paid into
the Treasury of the United States to the credit of the Choctaws andChickasaws and disposed of in accordance with section 17 of an £ftt
entitled “ An act to provide for the final disposition of the affairs of
the Five Civilized Tribes in Indian Territory, and for other purposes,”
approved April 26, 1906, and the Indian appropriation act approved
March 3, 1911.
»
*
.
S e c . 9, That the Secretary of the Interior be, and he is hereby, au
thorized to prescribe such rules, regulations, terms, and conditions not
inconsistent with this act as he may deem necessary to carry out its
provisions, including the establishment of an office during the sale ot
this land at McAlester, Pittsburg County, Okla.
M r. O W E N su b seq u en tly s a i d : I m o ve tlia t th e S en a te con
cu r in the a m en d m en t o f th e H o u se to th e am en d m e n t o f the
S e n a te to th e bill ( H . It. 1 4 0 5 5 ) to p rovid e fo r th e sa le o f the
s u r fa c e o f the segreg ated coal an d a sp h a lt lan d s o f th e C h o cta w
a n d C h ic k a sa w N a tio n s, an d fo r oth er purposes.
M r. H E Y B U R N .
I d esire to w ith d ra w m y o b jection to c o n
currence in th e am en d m en t.
T h e P R E S I D E N T pro tem pore. T h e S en a to r fr o m O k la h o m a
m o v e s th a t the S en a te concur in th e a m en d m e n t m a d e b y the
H o u s e o f R e p re se n ta tiv e s to th e a m en d m e n t o f th e S en ate.
T h e m otion w a s agreed to.
SENATOR FROM WISCONSIN.
E le ctio n s, io w hich w as referred S en a te resolution N o. 13(5, p ro
v id in g f o r th e in v estig a tio n o f ch a rg es re la tiv e to th e election
o f I saac S tephenson a s S en a to r fro m W isc o n sin , I su b m it a
rep ort (N o . 3 4 0 ) .
I w ill say th a t it is a m a jo r ity report.
T h e re w ill be oil© n am e to ad d to th e m a jo r it y rq&fiibers. T h e
reso lu tion is reported w ith th e testim on y .
T h e P R E S I D E N T pro tem pore. T h e S e n a to r fro m Id a h o
p resen ts a p rivileged report. W h a t is the ggquest o f th e S en
a to r in connection w ith it ?
M r. H E Y B U R N .
T h a t it go to the eajghdar, I suppose.
M r. C U L L O M .
L e t the report be read.
T h e P R E S I D E N T pro tem p ore. H ues th e S en a to r d esire to
h av e it p rin ted ?
ja r
M r. H E Y B U R N .
Y e s ; and I ,#esire to h a v e th e rep ort read.
W e could n ot be b e tter em ployed.
T h e P R E S I D E N T pro tem pore.
T h e rep ort w ill be read.
T h e S ecretary read the report, a s f o llo w s :
CHARGES RELATIVE TO THE ELECTION OF ISAAC STEPHENSON.
The Committee on Privileges and Elections, to whom was referred
certain charges preferred by the Legislature of the State of Wiscon
sin against I saac St e p h e n s o n , a Senator of the United States from the
State of Wisconsin, .with instructions to report to the Senate whether
in the election of,g#tid I saac St e p h e n s o n as a Senator of the United
States from the. citato of Wisconsin there were used or employed
corrupt methods-or practices, have bad the same under consideration
and submit tlie following report:
On August 15, 1911, the Senate adopted the following resolution:
“Resolved. That the Senate Committee on Privileges and Elections
or any subcommittee thereof be authorized and directed to investigate
certain Charges preferred by the Legislature of Wisconsin against I saac
S t e p h e n so n , a Senator of the United States from the State of Wiscon
sin, and report to the Senate whether in the election of said I saac
S t e p h e n so n as a Senator of the United States from the said State
of Wisconsin there were used or employed corrupt methods or practices;
that said committee or subcommittee be authorized to sit during the
recess of the Senate, to hold its session at such place or places as it
shall deem most convenient for the purposes of the investigation, to
F ebruary 12.
employ stenographers, to send for persons and papers, and to admin
ister oaths ; and that the expenses of the inquiry shall he paid from
the coptingent fund of the Senate, upon vouchers to he approved by
the chairman of the committee or chairman of the subcommittee.”
Pursuant to the authority given by said resolution the Committee
on Privileges and Elections appointed a subcommittee consisting of
Mr. H e ybi kn (chairman), Mr. S u t h e r l a n d , Mr. B ra dle y , Mr. P a y n t e r ,
and Mr. %> m ere n e , with full powers to investigate said charges.
On January 20, 1912, the subcommittee reported to the full cornmittee as fallows :
IN THE MAWEIi OF THE INVESTIGATION OF THE CHARGES AGAINST ISAAC
STEPHENS®*., A SENATOR OF THE UNITED STATES FROM THE STATE OF
WISCONSIN^
To the honoifyple the Committee on Privileges and Elections of the
United States Senate:
Your subcommittee proceeded pursuant to the terms of its appoint
ment to investigate the above-mentioned charges, and in pursuance of
said duty met & the city of Washington and, having organized, pro
ceeded to adopt % plan for holding such investigation.
It was agreed-Jby your subcommittee that the investigation should
commence on Octjlber 2, 1911, at the city of Milwaukee, in the State
of Wisconsin.
-A
Accordingly ,vou$| subcommittee met at the city of Milwaukee on the
above-mentioned date, all parties in interest being present. lion.
Charles E. Littlefigtd, W . E. Black, and H. A. J. Upham, Esqs., ap
peared as counsel fer Senator S t e p h e n s o n .
The governor anif. the attorney general of the State of Wisconsin
were notified by th feh airm an of your subcommittee of the time and
place of the hearing^ and were invited to indicate to the committee
whether or not they jlesired to he present and participate in any man
ner in such investig&ion. The governor of Wisconsin, speaking for
the State, informed j# u r subcommittee that no one on behalf of the
State would appear saksuch investigation.
Your subcommittee tfhen proceeded to the examination of witnesses
and documents, whielmexamination occupied 25 days, during which
time 124 witnesses w e ® sworn, 35 affidavits received, and 2,100 pages
of printed testimony taken, which testimony, affidavits, and exhibits
are herewith submitted as a part of the report of your subcommittee.
Your subcommittee hits given the fullest consideration to all the
testimony introduced an|. has considered its weight and effect under
the rules pertaining to t®» investigation and is of the opinion that the
charges preferred against^enator I saac S t e p h e n s o n have not been sus
tained, and your subcommittee finds that the election of said I saac
St e p h e n s o n as a Senator -*>f the United States from the State of W is
consin was not procured % corrupt methods or practices in said elec
tion of I sa ac S t e p h e n s o n .,
W . B. H e y b u r n , Chairman.
G eorge S u t h e r l a n d .
J
W . O. B r a d l e y .
A tlee P qmeren e.
Mr. H e y b u r n , chairman of; the subcommittee, submitted a statement
of his views in support of fhf conclusions reached, and on the request
of members of the committeelYurther consideration of the matter was
postponed to February 3, 19j|L on which date a further postponement
was had to February 10, 1 9 1 ® . with the understanding that any mem
ber of the committee might fil# a statement of his views to accompany
the final report of the committee, and that a vote might be taken on
tlicit diitG.
On February 10, 1912, the iffemmittee on Privileges and Elections
met in regular session and r e c c e d a statement of the views of Mr.
P omerene ' and Mr. S u t h e r la n d in support of the report of the sub
committee,, and proceeded to tlieV-consideration of the report of the
|Rtee, together with th<5v, views expressed by the members
.Fpon a full record of the testimony and proceedings in the case.
„ Potion it was ordered thatgghe report of the subcommittee be
ed and that said subcommitteagbe discharged,
hereupon it was ordered that M|S; H ey b u r n be instructed to report
P T action of the committee to the Senate, together with a transcript
F ie
of testimony and of all the proceedifiSjjij; of the subcommittee, including
II
y
a
i'n the whole
v :i j
...
the address of Hon. Charles E. Littlefield before Hia nrlia!a committee
and also the individual views presented by members of the committee’
Leave was given to file a minority repd&t by those dissenting from the
conclusions reached.
Wherefore your committee, having g^ en full consideration to the
law and to the testimony and to all oflth e facts and circumstances
brought to its notice, does find that t1f| charges preferred against
I saac St e p h e n s o n , a Senator of the UnHfg States from the State of
mittee further finds that
the election of said I sa ac S t e p h e n so n a ® f- " — -L - of the — Senator — "
United
States was not procured by corrupt methods^
practices.
W m. P. D il l in g h a m
F. J o h n s t o n .
R obert .T. G a m b l e .
JNCAN U. F’LETCHER.
W. B. H e y b u r n .
ie e P o m e r e n e .
G eo . S u t h e r l a n d .
&0. B r a dle y .
G eorge T. O l iv e r .M r. H E Y B U R N .
M r. P re sid en t, th e S e i^ | o r fr o m K e n tu c k y
[M r . B radley ], w ho is ab sen t fro m th e C h a m b e r, d esires to be
p e rm itte d to sign th e rep ort a s th o u gh b efo re 'tjie filing.
M r. S U T H E R L A N D .
M r. P re sid en t, th e % u a i n d e r o f the
rep ort c o n sists o f th e in d iv id u a l v ie w s o f c e rta im p ie m b e rs o f the
su bcom m ittee.
I su ggest th a t th e re a d in g be f i t t e d and th a t
th e y be p rinted in th e R ecord.
T h e P R E S I D E N T pro tem p ore.
W ith o u t ob je ctfg n , th a t order
w ill be m ade.
V ie w s of M r . H e y bu r n in S u ppo r t of t h e R epo rt of
C o m m it t e e .
T he subcom m ittee h a vin g reported to the w h ole com m itta in favor of
I saac S t e p h e n s o n , I desire to subm it h erew ith the
:ons which
actu a ted me in a rriv in g at that con clu sion :
j u r is d ic t io n .
On August 15, 1911, the United States Senate adopted the%pllowing
resolution:
W
4
5
“ Resolved, That the Senate Committee on Privileges and Eled
any subcommittee thereof be authorized and directed to investig
tain charges preferred by the Legislature of Wisconsin againstWsAAC
S t e p h e n s o n , a Senator of the United States from the State of W%eonsin, and report to the Senate whether in the election of said Huac
St e p h e n s o n as a Senator of the United States from the said S ta t* of
Wisconsin there were used or employed corrupt methods or practic
that said committee or subcommittee be authorized to sit during fS
Februaey
15,1912.
CONGRESSIONAL RECORD— SENATE.
-U
SENATE.
T
hu rsd ay,
February 15, 1912.
T h e S e n a te m e t a t 2 o ’c lo c k p. m .
P r a y e r b y th e C h a p la in , R e v . U ly s s e s G . B . P ie r c e , D . D .
T h e V I C E P R E S I D E N T re s u m e d th e c h a ir .
T h e J o u r n a l o f y e s t e r d a y ’ s p ro c e e d in g s w a s r e a d a n d a p p ro v e d .
F IN D IN G S OF T H E COURT OF C L A IM S .
T h e V I C E P R E S I D E N T la id b e fo r e th e S e n a te c o m m u n ic a
tio n s f r o m th e a s s i s t a n t c le rk o f th e C o u r t o f C la im s , tr a n s
m it tin g c e rtifie d c o p ie s o f th e fin d in g s o f f a c t a n d c o n c lu s io n s o f
la w file d b y th e c o u r t in th e f o llo w in g c a u s e s :
C e c ile W . K in g , d a u g h te r a n d o n ly c h ild o f S te p h e n M o o r e
W e s t m o r e , o th e r w is e k n o w n a s S te p h e n W e s t -M o o r e , v. U n it e d
S ta t e s ( S . D o c . N o . 3 1 1 ) ;
C h a r le s P . C a m m a c k , L i lli e V . O ld h a m , M a r y B . H a r b in , a n d
P r a n c e s I I . G lo v e r , s o le h e ir s o f M a r y II. C a m m a c k , d e c e a s e d , v.
U n it e d S ta t e s ( S . D o c . N o . 3 1 0 ) ; a n d
T h e T r u s t e e s o f th e M e t h o d is t E p is c o p a l C h u r c h S o u th , o f C e n
te r v ille , V a ., v. U n it e d S ta t e s ( S . D o c . N o . SO S).
T h e fo r e g o in g c a u s e s w e r e , w ith th e a c c o m p a n y in g p a p e r s , r e
fe r r e d to th e C o m m itt e e on C la im s a n d o r d e r e d to b e p rin te d .
M E S SA G E FROM T H E H O U SE .
A m e s s a g e f r o m th e H o u s e o f R e p r e s e n ta tiv e s , b y J. C . S o u th ,
its C h ie f C le r k , a n n o u n c e d t h a t th e H o u s e h a d p a s s e d th e
b ill ( H . R . 1 6 5 7 1 ) to g iv e e ffe c t to th e c o n v e n tio n b e tw e e n th e
G o v e r n m e n ts o f th e U n it e d S ta t e s , G r e a t B r it a i n , J a p a n , a n d
R u s s ia f o r th e p r e s e r v a tio n a n d p r o te c tio n o f th e f u r s e a ls a n d
sea o tte r w h ic h fr e q u e n t th e w a t e r s o f th e N o r t h P a c ific O c ea n ,
c o n c lu d e d a t W a s h in g t o n , J u ly 7 , 1 9 1 1 , in w h ic h i t re q u e s te d
th e c o n c u r re n c e o f th e S e n a te .
ENROLLED B IL L S SIGNED.
T h e m e s s a g e a ls o a n n o u n c e d t h a t th e S p e a k e r o f th e H a
h a d s ig n e d th e f o llo w in g e n r o lle d b ills , a n d th e y w e r e therejg|)bn
s ig n e d b y th e V ic e P r e s i d e n t :
M'
H . II. SS53. A n a c t f o r th e r e lie f o f J o h n L . B a i r d ; a n d ?
I I. It. 1 4 0 5 5 . A n a c t to p r o v id e f o r th e s a le o f th e s g S fa c e o f
th e s e g r e g a te d c o a l a n d a s p h a lt la n d s o f th e C lq je la w a n d
C h ic k ; is a w N a tio n s , a n d f o r o th e r p u rp o se s.
P E T IT IO N S A N D M E M O R IA L S .
T h e V I C E P R E S I D E N T p r e se n te d a p etition , A>f th e f a c u lt y
o f S w a r t lim o r e C o lle g e , P e n n s y lv a n ia , p r a y i n g f f o r th e r a tific a
tio n o f th e p r o p o s e d tr e a tie s o f a r b it r a t io n bjffHveen th e U n it e d
S ta te s , G r e a t B r it a i n , a n d F r a n c e , w h ic h w a s 'o r d e r e d to lie on
th e ta b le .
jgF
M r . C U L L O M p r e se n te d a p e titio n o f fh e T r a d e s a n d L a b o r
Assem bly o f N e w A t h e n s , 111., p r a y in g ? f o r th e e n a c tm e n t o f
legislation to in s u r e to c iv il-s e r v ic e e m p lo y e e s th e ir in h e re n t
Ughts as A m e r ic a n c it iz e n s to fr e e d o m o f sp ee ch a n d th e r ig h t
of petition, w h ic h w a s r e fe r r e d t # th e C o m m itte e on C iv il
Service a n d R e tr e n c h m e n t.
H e a ls o p r e s e n te d p e t itio n s
s u n d r y c itiz e n s o f C h ic a g o ,
I r v in g , B a t a v ia , a n d A u r o r a , a # in th e S ta t e o f I llin o is , p r a y
in g f o r th e e n a c tm e n t o f a n i n j f r s t a t e liq u o r la w to p r e v e n t th e
n u llific a tio n o f S ta t e liq u o r Ijjjfvs b y o u ts id e d e a le r s , w h ic h w e r e
r e fe r r e d to th e C o m m i t t e e # ! th e J u d ic ia r y .
H e a ls o p r e se n te d a p o r t io n o f s u n d r y c itiz e n s o f C h ic a g o ,
U h , p r a y in g f o r th e r a tific a tio n o f th e p ro p o se d tr e a tie s o f a r b i
tr a tio n b e tw e e n th e U u p e d S ta t e s , G r e a t B r ita in , a n d F r a n c e ,
W h ich w a s o r d e r e d t q jn e o n th e ta b le .
M r . B R I S T O W p r e s e n te d a p e titio n o f th e W o m a n ’ s C h r is
tia n T e m p e r a n c e IlMnon o f L it t le R iv e r , K a n s ., p r a y in g f o r th e
e n a c tm e n t o f a n y f te r s t a t e liq u o r la w to p r e v e n t th e n u llific a
tio n o f S ta t e l i q u # l a w s b y o u ts id e d e a le r s , w h ic h w a s r e fe r re d
to th e C o m m it t a l on th e J u d ic ia r y .
H o a ls o p r e s e n te d a p e titio n o f th e T a b le G r a p e G r o w e r s ’
A s s o c ia tio n o f S a n J o a q u in C o u n ty , C a l., p r a y in g fo r th e p a s s uge o f th e is o -c a lle d B r is t o w b ill, p r o v id in g f o r th e c o n s tr u c
tio n o f 1 5 h u g e o c e a n -g o in g s te a m e r s , w h ic h w a s re fe r r e d to th e
C o m m it t e e on I n te r o c e a n ic C a n a ls .
M r. O L I V E R p re se n te d a m e m o r ia l o f S. C . P o tt s P o s t, N o .
o2, D e p a r tm e n t o f P e n n s y lv a n ia , G r a n d A r m y o f th e R e p u b lic ,
o f A lt o o n a , P a ., r e m o n s tr a tin g a g a in s t th e in c o r p o r a tio n o f
tlie G r a n d A r m y o f th e R e p u b lic , w h ic h w a s r e fe r r e d to the
U o iq in itte e on t h e D i s t r i c t o f C o lu m b ia .
H e a ls o p re se n te d a m e m o r ia l o f m e m b e r s o f th e A n c ie n t
O r d e r o f H ib e r n ia n s , o f S c ra n to n , P a ., r e m o n s tr a tin g a g a in s t
H ie ra tific a tio n o f the p ro p o sed tr e a tie s o f a r b it r a t io n b e tw e e n
U ie U n it e d S ta te s , G r e a t B r ita in , a n d F r a n c e , u n le ss a m e n d e d
« « re p o r te d b y th e S e n a te C o m m itte e on F o r e ig n R e la tio n s ,
W h ich w a s o r d e r e d to lie on th e ta b le .
H e a ls o p re se n te d p e titio n s o f L o c a l G r a n g e s N o . 5 3 6 , o f L u
z e r n e C o m i t y ; N o . 4 4 4 , o f T r o u g h C r e e k ; N o . GO, o f D a u p h in
X L V I I I -------- 1 3 1
C o u n t y ; N o . 1 3 4 3 , o f H a l i f a x ; N o . 1 3 , o f C e n te r C o u n t y ; a n d
N o . 1 1 2 8 , o f D y s e r t , P a tr o n s o f H u s b a n d r y , a n d o f th e F a n n e r s *
I n s t it u t e o f S a x o n b u r g , a ll in th e S ta t e o f P e n n s y lv a n ia , p r a y
in g f o r th e a d o p tio n o f c e r ta in a m e n d m e n ts tn. t h e o le o m a r
g a r in e la w , w h ic h w e r e r e fe r r e d to th e C o m m itt e e on A g r i c u l
tu re an d F o re stry .
.y
H e a ls o p r e s e n te d p e t itio n s o f th e c o n g r e g a tio n s o f th e U n it e d
E v a n g e lic a l C h u r c h a n d th e F i r s t M e t h o d is t E p is c o p a l C h u r c h
o f F r a n k l i n ; o f th e U n it e d B r e t h r e n C ln ir c h a n d th e T r in it y
W e s l e y a n E p is c o p a l C h u r c h , o f M o u n t J o y ; o f th e M o u n t
W a s h i n g t o n P r e s b y t e r ia n C h u r c h , th e F i r s t P e n te c o s ta l C h u r c h ,
th e M o u n t W a s h i n g t o n M e th o d is t# "E p is c o p a l C h u r c h , a n d th e
M o u n t W a s h i n g t o n B a p t i s t Q iiu rch , o f P i t t s b u r g h ; o f th e
B e th a n y
W e s le y a n
E p is c o p a l C h u r c h ,
th e
O liv e t
B a p t is t
C h u r c h , a n d th e F a i t h R e fq r fn e d C h u r c h , o f L a n c a s t e r ; o f th e
C e n tr a l R e fo r m e d P r e s b y t e r ia n C h u r c h o f A l l e g h e n y ; o f th e
W o m a n ’ s C h r is t ia n T e m p e r a n c e U n io n s o f C r a f t o n , V a n O r m e r ,
a n d M o u n t J o y ; o f tile C h r is tia n E n d e a v o r S o c ie ty o f V a n
O r m e r ; th e W o m a id s - 'U n io n M is s io n a r y A s s o c ia t io n o f P it t s
b u r g h ; th e Youngpsfpen’ s C h r is tia n A s s o c ia t io n o f M c K e e s p o r t ;
a n d o f L o c a l G u a f g e N o . S 6 S, P a tr o n s o f H u s b a n d r y , o f T h o m p
so n , a ll in th e S ta t e o f P e n n s y lv a n ia , p r a y in g f o r th e e n a c tm e n t
o f a n i n t e r s t ^ p * 'liq u o r la w to p r e v e n t th e n u llific a tio n o f S ta t e
liq u o r h i w s j ® y o u ts id e d e a le r s , w h ic h w e r e r e fe r r e d to th e
C o m m itte j* p m th e J u d ic ia r y .
M r . G A R D N E R p re s e n te d p e t itio n s o f M y s t ic T ie G r a n g e , o f
K e n d u s i c a g ; o f L o ca l G ran ge o f F o r t F a ir fie ld ; an d o f K a ta h d in GUi ugo, o f L a g r a n g e , a ll o f th e P a tr o n s o f H u s b a n d r y ; o f
t h e Jgign gregation s o f th e C o n g r e g a tio n a l C h u r c h o f C a la is a n d
ih £ P in e S tr e e t B a p t i s t C h u r c h , o f L e w i s t o n ; a n d o f th e
W o m a n ’s C h r is tia n T e m p e r a n c e U n io n s o f I la y m o n , U n io n ,
a c h ia s , a n d C h e r r y fie ld , a ll in th e S ta te o f M a in e , p r a y in g
f o r th e e n a c tm e n t o f a n in t e r s ta t e liq u o r l a w to p r e v e n t th e
n u llific a tio n o f S ta t e liq u o r l a w s b y o u ts id e d e a le r s , w h ic h w e r e
r e fe r r e d to th e C o m m itt e e on th e J u d ic ia r y .
M r . H I T C H C O C K p r e s e n te d a m e m o r ia l o f s u n d r y c itiz e n s
o f B la i r , N e b r ., r e m o n s tr a tin g a g a in s t t h e e x te n s io n o f th e
p a r c e l-p o s t s y s t e m b e y o n d it s p r e s e n t lim it a tio n s , w h ic h w a s
r e fe r r e d to th e C o m m itt e e on P o s t O ffices a n d P o s t R o a d s .
H e a ls o p r e s e n te d p e titio n s o f m e m b e r s o f th e N e b r a s k a
N a t io n a l G u a r d , re s id e n ts o f B e a v e r C it y a n d B l a i r , in th e
S t a t e o f N e b r a s k a , p r a y in g f o r th e e n a c tm e n t o f le g is la tio n to
r e g u la te th e p a y o f th e O r g a n iz e d M ili t ia , w h ic h w e r e r e fe r r e d
to th e C o m m itt e e o n M i li t a r y A ff a ir s .
H e a ls o p r e s e n te d r e s o lu t io n s a d o p te d b y t h e C o m m e r c ia l
C lu b o f O m a h a , N e b r ., a n d r e s o lu tio n s a d o p te d b y th e C o m m e r
c ia l C lu b o f B e a t r ic e , N e b r ., f a v o r in g th e e n a c tm e n t o f le g is la
tio n g r a n t in g to a lie n s f u l l in f o r m a t io n r e la t in g to in d u s tr ia l
o p p o r tu n itie s in N e b r a s k a a n d o th e r W e s t e r n S ta t e s , w h ic h
w e r e r e fe r r e d to th e C o m m itt e e on A g r ic u lt u r e a n d F o r e s t r y .
H e a ls o p r e s e n te d a m e m o r ia l o f m e m b e r s o f th e L in c o ln
C lu b o f B r o o k ly n , N . Y ., r e m o n s tr a tin g a g a in s t th e r a tific a tio n
o f th e p r o p o s e d t r e a tie s o f a r b it r a t io n b e tw e e n th e U n it e d
S ta te s , G r e a t B r it a i n , a n d F r a n c e , w h ic h w a s o r d e r e d to lie on
th e ta b le .
M r . K E R N p re s e n te d p e titio n s o f th e c o n g r e g a tio n s o f th e
c h u r c h e s o f W a r r e n , M a r io n , a n d R ic h m o n d , a n d o f s u n d r y
c it iz e n s o f N o r t h V e r n o n , a ll in th e S ta t e o f I n d ia n a , p r a y in g
f o r th e e n a c tm e n t o f a n in t e r s ta t e liq u o r la w to p r e v e n t th e
n u llific a tio n o f S ta t e liq u o r la w s b y o u ts id e d e a le r s , w h ic h w e r e
r e fe r r e d to th e C o m m itte e on th e J u d ic ia r y .
H e a ls o p re s e n te d a p e titio n o f m e m b e r s o f th e P r o g r e s s C lu b
o f S o u th B e n d , In d ., a n d a p e titio n o f m e m b e r s o f th e W o m a n ’ s
C lu b o f M is h a w a k a , In d ., p r a y in g t h a t a n in v e s t ig a tio n b e m a d e
in to th e c o n d itio n o f d a ir y p r o d u c ts f o r th e p r e v e n tio n a n d
s p r e a d o f tu b e r c u lo s is , w h ic h w e r e r e fe r r e d to th e C o m m itt e e
on A g r ic u lt u r e a n d F o r e s t r y .
H e a ls o p r e s e n te d a p e titio n o f L o c a l G r a n g e , P a t r o n s o f
H u s b a n d r y , o f C o lu m b u s , In d ., a n d a p e titio n o f s u n d r y c it iz e n s
o f S e y m o u r , In d ., p r a y in g f o r th e e s ta b lis h m e n t o f a p a r c e l-p o s t
s y s te m , w h ic h w e r e r e fe r r e d to th e C o m m itte e oil P o s t O ffices
and P o st R oad s.
H e a ls o p re s e n te d a m e m o r ia l o f th e T r a v e le r s ’ P r o te c tiv e A s
s o c ia tio n o f N e w A lb a n y , I n d ., r e m o n s tr a tin g a g a in s t th e e s ta b
lis h m e n t o f a p a r c e l-p o s t s y s te m , w h ic h w a s r e fe r r e d to th e
C o m m itt e e on P o s t O ffices a n d P o s t R o a d s .
H e a ls o p re s e n te d p e titio n s o f m e m b e r s o f th e F le u r -d e -lis
C lu b o f M i t c h e l l ; o f th e M e t h o d is t M in is t e r s ’ A s s o c ia t io n o f
I n d i a n a p o lis ; a n d o f s u n d r y c itiz e n s o f N e w P a r is , a ll in th e
S t a t e o f I n d ia n a , p r a y in g f o r th e ra tific a tio n o f t h e p r o p o s e d
tr e a tie s o f a r b it r a t io n b e tw e e n th e U n it e d S ta te s , G r e a t B r it a i n ,
a n d F r a n c e , w h ic h w e r e o r d e r e d to lie on th e ta b le .
H e a ls o p r e s e n te d a p e titio n o f W a d s w o r t h P o s t, N o . 1 2 7 ,
D e p a r tm e n t o f I n d ia n a , G r a n d A r m y o f th e R e p u b lic , o f F r a n k
lin , I n d ., p r a y in g f o r th e e n a c tm e n t o f le g is la tio n p r o p o s in g to
2078
CONGRESSIONAL RECORD— SENATE.
F ebruary 15,
1912.
COXG RESSIOXAL RECORD— SEXATE.
B u r k e , I d a h o , F e b r u a r y 1, 1012.
Senator B o r a h ,
W ashington, D. C .:
We, the undersigned committee, were appointed at the last regular
meeting of Burke M iners’ Union, No. 10, of the W estern Federation of
Miners, to draft resolutions opposing the reduction o f the tariff on lead
and zinc, believing said reduction would be detrimental to the best in
terests of the men employed in the mining industry.
Owing to the
present conditions prevailing throughout the country, we believe the
proposed reduction would have a very injurious effect, and we trust you
w ill use your best efforts to oppose it. Thanking you in advance for
your efforts, we remain,
P . S. D u m b o l t o n .
J£ost respectfully,
M ar k M cK en na.
1
C. V. S m u t s .
M r . GSSl L I N G E R p r e se n te d a p e titio n o f s u n d r y c itiz e n s o f
L
B r e n tw o b d , N . H ., p r a y in g f o r tlie e n a c tm e n t o f a n in t e r s ta t e
liq u o r ia W to p r e v e n t th e n u llific a t io n o f S t a t e liq u o r l a w s b y
o u ts id e d e a le r s , w h ic h w a s r e fe r r e d to th e C o m m itt e e o n th e
J u d ic ia r y . i
H e a ls o p r e se n te d a p e titio n o f th e C o n n e c tic u t A v e n u e C it i
z e n s ’ A s s o c ia tio n , o f W a s h in g t o n , D . C ., p r a y in g f o r th e p a s s a g e
o f th e so-Ciilled p u b lic -u tilitie s b ill, w h ic h w a s o r d e r e d to lie
on th e ta b le .;
T ilts E M E R G E N C Y H O S P IT A L
( S . DOC. NO. 3 0 0 ) .
M r . G A L L I $ J G E R . M r . P r e s id e n t, I p re se n t th e re p o r t o f th e
c o m m itte e on fh ib lic h e a lth o f t h e -W a s h in g t o n C h a m b e r o f C o m
m e r c e in f a v o r o f c o n tin u in g t h e E m e r g e n c y H o s p it a l a n d g r a n t
in g a n a p p r o p r ia tio n t o w a r d t h # c o n str u c tio n o f a n e w b u ild in g .
I m o v e t h a t th e p a p e r b e p r in te d a s a p u b lic d o c u m e n t a n d
r e fe r r e d to th e C o m m itt e e on A p p r o p r ia tio n s .
T h e m o tio n w a s a g r e e d to . £
REPORTS
oh
C O M M IT T E E S .
M r . W A R R E N , -from th e C o m m it t e e on M ili t a r y A f f a ir s , to
w h ic h w a s re fe rre q L th e b ill A S . 3 8 7 3 ) f o r th e r e lie f o f L e w is F .
W a l s h , re p o r te d it p 'it h o u t jp m e n d m e n t a n d s u b m itte d a r e p o r t
( N o . 3 5 7 ) th e re o n . >
M r. B R I S T O W , t o m
th e C o m m itt e e on C la im s , to w h ic h
w a s re fe r r e d th e b ill ( S 4 :4 3 1 9 ) f o r th e r e lie f o f J o h n S c h n o o r,
s u b m itte d a n a d v e r s e r e p o r t ( N o . 3 5 8 ) th e r e o n , w h ic h w a s
a g r e e d to a n d th e b i l l -w p s p o s tp o n e d in d e fin ite ly .
M r . D U P O N T ( f o S § M r . B r i g g s ) , f r o m th e C o m m itt e e on
M i li t a r y A f f a i r s , to w a tc h w a s r e fe r r e d th e b ill ( S . 4 7 7 8 ) to
c o r r e c t t h e m ilit a r y re c o rd o f J o h n T . H a in e s , re p o r te d it w i t h
o u t a m e n d m e n t a n d ^ b f c i t t e d a r e p o r t ( N o . 3 5 9 ) th e re o n .
l i e a ls o , f r o m t l i a f s a f c e c o m m it te e , to w h ic h w a s r e fe r r e d
th e b ill ( S . 1 3 3 7 ) a | lth o M zin g th e P r e s id e n t to n o m in a t e a n d ,
b y a n d w it h th e a d v ic e % in d c o n se n t o f th e S e n a te , a p p o in t
L lo y d L . It. K r e b s , d a t e a ^cap tain in th e M e d ic a l C o r p s o f th e
U n it e d S t a t e s A r r a y , a m aV>r in t h e M e d ic a l C o r p s on th e r e
tir e d lis t, a n d in c r e a s in g t h e r e tir e d lis t b y o n e f o r th e p u r p o s e s
o f th is a c t, re p o r te d it w i ® o u t a m e n d m e n t a n d s u b m itte d a
re p o r t ( N o . 3 6 0 ) th e r e o n .
M r . N E L S O N , f r o m th e C o m m itt e e on P u b lic L a n d s , to w h ic h
W a s r e fe r r e d t h $ b ill ( I I . R * 9 S 4 5 ) to a u t h o r iz e th e s a le o f
b u r n t tim b e r o $ th e p u b lic \ a n d s , a n d f o r o t h e r p u rp o se s,
re p o r te d it w ith o u t am en d m eiljt a n d s u b m itte d a r e p o r t (N o .
H61) th e r e o n . W
M r . L O D G I& f r o m th e C o m m itt e e on th e P h ilip p in e s , to
w h ic h w a s r e fe r r e d th e b ill ( S . 4 % !9 ) to a m e n d a n a c t a p p ro v e d
J n ly 1 , 1 9 0 2 E h n title d “ A n a c t t< % ip o ra rily to p r o v id e fo r th e
|
a d m in is tr a tio n o f th e a f f a ir s o f cifcjl g o v e r n m e n t in th e P h ilip
p in e Is la n d s,,ta n d f o r o th e r p u r p o s e d ’ re p o r te d it w ith a n a m e n d
m e n t a n d s u b m itte d a re p o r t ( N o . 3 * 2 ) th e reo n .
M r . J O N E S , f r o m th e C o m m i t t e e % n P u b lic L a n d s , to w h ic h
'v a s r e fe r r e d th e b ill ( S . 2 1 9 4 ) to :* n e n d se c tio n 2 2 8 S o f th e
- - r e la t in g to h o m e s te a d
R e v-1_e d S & t'u t' e s o f th e - -n it e d - S t: *
is ’
U a n d s u b m itte d a re p o rt
e n tr ie s , r e p o r te d it w it h a n a m e n d m e i
( N o . 3 6 3 ^ th e r e o n .
C o m m e rc e , to w h ic h
M r . I ’ r e R K lN S , f r o m t h e C o m m itte e
th e m e a c h w ith o u t
W ere r e fe r r e d th e f o llo w in g b ills , re p o r
amendnjbnt
a n d s u b m itte d r e p o r ts
S. 5 0 t 2 . a b ill to e s ta b lis h a f o g
te rs a p p o i n t L o m a L ig h t S ta t io n ,
364) ; L u l
S. 5 0 7 4 . A b ill to a u t h o r iz e th e
tm ra L i g h t S ta t io n , C a l., in c lu d in g
d w e llin g ( R e p t . N o . 3 6 5 ) .
th e n
sign
San
im p ro v e r
a f o g si
d a d d itio n a l q u a r o, C a l. ( R e p t. N o .
o f S a n ta B a r ,11 a n d a k e e p e r’ s
B IL L S INTRODUCED.
b y u n a n im o u s
B ills w e r e in tro d u c e d , r e a d t h e first tim e , an
c o n se n t, th e secon d tim e , a n d r e fe r r e d a s lo llo w
B y M r. B O U R N E :
to th e C oiu A b ill ( S . 5334 ) to r e g u la te ra d io c o m m u n ic a tio n
m it te e o n C o m m e rc e .
B y M r. D U P O N T :
A b ill ( S . 5 3 3 5 ) g r a n t in g a n in c r e a se o f p e n sio n
M a u l l ; to th e C o m m itt e e on P e n sio n s.
to J a m e s
2079
B y M r. C U L L O M :
A,,_bill ( S . 5 3 3 6 ) f o r th e r e lie f o f W i l l i a m A b b o t a n d o t h e r s ;
to th e . C o m m itt e e on C la im s .
B y M ¥. .S T E P H E N S O N :
A b ill ( $ U & 3 3 7 ) g r a n t in g a n in c r e a s e o f p e n sio n to W i l l i a m
A . M c L e a n ( w M i .a c c o m p a n y in g p a p e r ) ; to th e C o m m itt e e on
P e n s io n s .
’ ’ n ,,.
B y M r. O L I V E R :
'
A b ill ( S . 5 3 3 8 ) to c o r r e c fb t^ e r e la t iv e a n d lin e a l r a n k o f a n
officer o f th e U n it e d S t a t e s A r m y p t o th e C o m m itt e e on M ili t a r y
A ffa ir s .
^
B y M r. M c C U M B E R :
A b ill ( S . 5 3 3 9 ) g r a n t in g a n in c r e a s e o f peubgion to H u g h M c
L a u g h lin ;
A b ill ( S . 5 3 4 0 ) g r a n t in g a n in c r e a s e o f p en sion '’’!*^ J a m e s L .
G r a n t ; and
A b ill ( S . 5 3 4 1 ) g r a n t in g a p e n s io n to A r t h u r W . S. M a w
( w i t h a c c o m p a n y in g p a p e r s ) ; to th e C o m m itt e e o n P e n s i o n s /* '.;
B y M r. G U G G E N H E I M :
A b ill ( S . 5 3 4 2 ) t o a m e n d a n a c t a p p r o v e d F e b r u a r y 1 9 , 1 9 0 9 ,
e n tit le d “ A n a c t to p r o v id e f o r a n e n la r g e d h o m e s te a d ” ( w i t h
a c c o m p a n y in g p a p e r ) ; to th e C o m m itt e e on ..P u b lic L a n d s .
X v ^ b ill ( S . 5 3 4 3 ) a m e n d in g a n a c t a p p r o p r ia t in g th e re c e ip ts
f r o m th e s a le a n d d is p o s a l o f p u b lic la n d s in c e r t a in S t a t e s a n d
T e r r i t o r ie s a n d th e c o n s tr u c tio n o f ir r ig a tio n w o r k s f o r th e
r e c la m a t io n o f a r id l a n d s ; to th e C o m m itt e e on I r r ig a t io n a n d
R e c la m a tio n o f A r i d L a n d s .
A b ill ( S . 5 3 4 4 ) a u t h o r iz in g th e S e c r e ta r y o f th e In te r io r to
r e m o v e r e s tr ic t io n s f r o m th e a llo t m e n t o f E v a M a y P e e r y ; to
th e C o m m itte e on I n d i a n A f f a ir s .
A b ill ( S . 5 3 4 5 ) f o r th e r e lie f o f th e h e ir s o f M a h a ly F ie ld s ,
d e c e a s e d ( w i t h a c c o m p a n y in g p a p e r ) ; to th e C o m m itt e e o n
C la im s .
y
B y M r . P E X U < >SU :
A b ill ( S . 5 3 4 6 ) g r a n t in g a n in c r e a s e o f p e n sio n to M a t t h e w
M c G o ld r i c k ; to t h e C o m m itt e e o n P e n s io n s .
G EN ER AL SERVICE P E N S IO N S .
M r. W O R K ik
I s u b m it a n a m e n d m e n t in te n d e d to be o ffe r e d
b y m e to th e otU ( H . R . 1 ) g r a n t in g a s e r v ic e p e n s io n to c e r
ta in d e fin e d vetfim ins o f th e C iv il W a r find th e W a r w ith
M e x ic o , a s a m e n d e d
I t is in p a r t a c o p y o f w h a t is k n o w n
a s th e S h e r w o o d p e n m e n b ill, w ith s o m e a d d itio n s o f m y o w n . y
I m o v e t h a t t h e p r o p o s a l a m e n d m e n t b e p r in t e d a n d lie o n t h e
ta ble.
T h e m o tio n w a s a g r e e d 1
IM P R O V E M E N T O F ^ U C H E S N E RIVER, U T A H .
M r . S M O O T s u b m itte d a n I k n e n d m e n t p r o p o s in gy ee r a p p r o
p r ia te $ 2,000 to c o m p le te th e w o r a .o f s tr e n g th e n in g tlffe D u c h e s n e
R iv e r w ith in th e lim it s o f th e (Aw n s ite o f D u c h e s n e , in th e
S t a t e o f U t a h , in te n d e d to b e prfcapsed b y h im y to th e In d ia n
a p p r o p r ia tio n b ill, w h ic h w a s r e f u t e d to tu g ' C o m m itt e e on
I n d i a n A f f a i r s a n d o r d e r e d to b e p riiffe d .
j?
m.
RE CE IPTS FROM FOREST R l f c g Y E S .
M r . G U G G E N H E I M s u b m itte d a n a g $ o § k n e n t p r o p o s in g t h a t
h e r e a f t e r 2 5 p e r ce n t o f a ll m o n e y iT h e iv ilL fr o m e a c h f o r e s t
r e s e r v e d u r in g a n y fisc a l y e a r , in c o m in g t l i ^ k e a r e n d in g J u n e
3 0 , 1 9 1 2 , s h a ll b e p a id a t th e e i i ^ l i e r e o f b r W i e S e c r e ta r y o f
th e T r e a s u r y to th e S t a t e o r T e r r i t o r y in w h i< * r t h e re s e r v e is
s itu a te d , e tc ., in te n d e d to b e p ro p o se d b y h im to
a g r ic u lt u r a l
a p p r o p r ia tio n b ill, w h ic h w.8& re fe r r e d to th e ( ^ u n m itte e on
A g r ic u lt u r e a n d F o r e s t r y a w r o r d e r e d to be p rin te d ^
PKOPOSEIlJ^ENSION LEGISLATION.
’r e sid e n t, I h a v e in f o r m a t l m f r o m
M r. M c C U M B E R .
th e r e h a v e a lr e a d y b een r e q u e s t , s e n t
th e d o c u m e n t ro om
aial n u m b e r o f th e r e p o r t on t l i % h i l l
in f o r m o r e th a n t
s e r v ic e p e n sio n to c e r ta in d e fin e d veR n jk ps
( I L It. 1 ) g r a n tin
th e W a r w ith M e x ic o , w h ic h w a s s u b m i t !
o f th e C iv il W a r
y e s te r d a y . I a iu flh e r e fo r e c o n s tr a in e d to m o v e t h a t th e r e s lia l
b e p r in te d 10 ,0 # e x tr a c o p ie s o f th a t re p o r t.
T h e V IC E iP R E S ID E N T .
T h e S e n a to r f r o m N o r t h D a k o t a
a s k s u n a n in w u s c o n s e n t f o r (lie p r in t in g o f 10,000 e x tr a c o p ie s
o f th e r e p o # a c c o m p a n y in g H o u s e b ill N o . 1 .
M r . M c C jrJ M B E R .
T h e S e n a to r f r o m U t a h [ M r . S m o o t ] s u g
g e s ts t h a w ! m o d if y th e re q u e s t a n d m a k e it 1 5 ,0 0 0 e x t r a c o p ie s.
I w ill pujc th e re q u e s t in th a t fo r m .
T h e rq p b e in g n o o b je c tio n , th e o r d e r w a s re d u c e d to w r it in g
a n d a y fe e d to , a s f o l l o w s :
Onjfvcrf, T hat 15,000 additional copies of Senate Report No. 355 be
printed for tlse use of the document room.
2080
CONGRESSIONAL RECORD— SENATE
F ebruary 15,
M r. O V E R M A N .
I th in k w e h ad b e tter h av e thcybill read.
The V IC E P R E S ID E N T .
O b je ction is made. T k e Secretary
w ill read th e bill.
f
Ordered, That 1,000 additional copies of the bill (S. 5294) to estab
T h e S e c re ta ry proceeded to re a d th e b ill a n d jf e a d to lin e 10,
lish in the Bureau of Statistics, in the Department of Agriculture, a
p age 43.
division of markets be printed for the use of the document room.
M r. L O D G E .
M r . P re sid en t, I d esire to in terru p t th e rea d in g
T H E CLASSIFIED CIV IL SERVICE.
f o r a m om en t.
I t b e ca m e n e ce ssa ry to M e a re p rin t o f the
b ill, o w in g to ce rta in e rrors in a m en d m e n ts. T h e rep rin t, the
M r. G A L L I N G E R su b m itte d the fo llo w in g reso lu tion ( S . R e s.
corrected bill, h a s ju s t com e fro m th e P rin ter.
220 ) , w h ich w a s re a d , con sid ered b y u n a n im ou s consent, an d
I ask that corrected copies of the bill may be given to Sen
a g re e d t o :
DIVISION OF M A R K E TS, AGRICULTURAL DEPARTMENT.
On m otion o f M r. S m i t h o f G e orgia , i t w a s
Resolved, That the Civil Service Commission is hereby directed to
communicate to the Senate, at the earliest practicable day, the number
of persons in the classified civil service in the United States who were
admitted upon examination and the number who were admitted by
Executive proclamation or otherwise than by examination.
A R M Y RETIRED LIST .
ators, because the copies in the files are incorrect.
M r. H E Y B U R N .
T h e n , M r. P re sid en t, I w ith d ra w m y re.quest f o r th e re a d in g o f th e b ill a t )en g th .
T h e P R E S I D I N G O F F I C E R (M r . B r a n d e g e e in th e c h a ir ) .
W ith o u t ob je ction , th e fu r th e r fo r m a l re a d in g o f th e b ill will*
be d isp ensed w ith .
./
M r. L O D G E .
T h e b ill w ilU o e re a d fo r a m en d m e n t, and the
M r. B R I S T O W su b m itte d the fo llo w in g resolu tion ( S . R es.
221 ) , w h ich w a s read, con sid ered b y u n a n im ou s consent, an d co m m itte e am e n d m e n ts w ill hfe first consid ered .
The P R E S ID IN G O F F IC E R .
T h e bill w ill be first rea d fo r
ag re e d t o :
a c tio n on th e co m m itte e a m en d m e n ts.
Resolved, That the Secretary of W ar be, and he is hereby, directed
to report to the Senate—
M r. O V E R M A N .
I wag" go in g to offer an am en d m e n t. I un_
1. The number of officers and enlisted men on the retired list of the
Army, of each rank, and the total amount of yearly compensation paid . d ersta n d th e b ill w ill b e jre a d f o r am en d m e n t, sectio n by sectio n ?
to such officers and enlisted men of each such rank.
M r. L O D G E .
C e rta jm ly ; it w ill be rea d f o r am endment^
2. The number of officers and enlisted men on the retired list of the
rig h t th rou gh .
/
Army, tabulated according to present age, and the total amount of
The P R E S ID IN G O F F IC E R .
I t W i ll be rea d first fo r action
yearly compensation paid to such officers and enlisted men of each such
present age.
on the co m m itte e ^fnend m ents.
And that the Secretary of W ar be further directed to submit to the
M r. O V E R M A N ]
I offer th e fo llo w in g a m en d m e n t to section
Senate an estimate, based on the present authorized strength of the
Army, as to what the total cost for retired pay will he in the year 2 o f th e b ill------ yf
1920 and a similar estimate as to what the total cost for retired pay
M r. L O D G E . / I a sk th a t the corrected b ill m a y be d istrib u te d
will be in the year 1930.
to S en a to rs. J
N A V Y RETIRED L IST .
The P R E S ID IN G O F F IC E R .
T h e corrected b ill w ill be d is
M r. B R I S T O W su b m itte d th e fo llo w in g re so lu tion ( S . R es.
trib u ted .
222 ) , w h ich w a s read, co n sid ered b y u n a n im o u s consent, an d
M r. L O D G E .
I u n d ersta n d , u n d er th e a g re e m en t, th a t th e
a g re e d t o :
b ill is t q jo e read fo r am en d m e n ts, th e co m m itte e a m en d m e n ts
Resolved, That the Secretary of the Navy be, and he is hereby, to b e con sid ered first.
directed to report to the Senate—
The P R E S ID IN G O F F IC E R .
T h a t is a s th e C h a ir u n d er
1. The number of officers and enlisted men on the retired list of the
W ith o u t ob je ction , th e co m m itte e am en d m e n ts w ill be
Navy, of each rank, and the total amount of yearly compensation paid sta n d s.
first co n sid ered . C opies o f th e b ill a r e b ein g d istrib u te d . I s it
to such officers and enlisted men of each such rank.
2. The number of officers and enlisted men on the retired list of the
tlm; req u est th a t th e re p rin t o f th e b ill be re a d , or sim p ly th a t
Navy, tabulated according to present age, and the total amount of
yearly compensation paid to such officers and enlisted men of each such th e co m m itte e am en d m e n ts be read ?
M r. L O D G E .
T h e b ill h a s been p ra c tic a lly re a d th rou gh .
present age.
And that the Secretary of the Navy be further directed to submit
T h e P R E S I D I N G O F F I C E R . T h e fu rth e r re a d in g o f the b ill
to the Senate an estimate, based on the present strength of the Navy,
as to what the total cost of retired pay will be in the year 1920, a n d / w ill be d isp en sed w ith by u n a n im o u s consent.
M r. O V E R M A N .
I th o u gh t th is w a s th e co m m itte e bill.
a similar estimate as to what the total cost for retired pay will be iff
the year 1930.
M r. L O D G E .
I t is th e co m m itte e bill.
H OU SE BILL REFERRED.
f
M r. O V E R M A N .
T h e co m m itte e h a s proposed am en d m e n ts
M
II. R . 165 7 1. A n ac t to g iv e effect to the convention b etw een
in its ow n b ill?
M r. L O D G E .
N o.
T h e b ill was introduced b y th e Senator
th e G o v e rn m e n ts o f th e U n ited S ta te s, G rea t B r ita in , JMpan,
fr o m V e r m o n t [M r . D i l l i n g h a m ] , and th e co m m itte e rep orts
a n d R u ssia fo r th e p re serv a tio n an d p rotection o f the f u r se a ls
b a ck th e b ill w ith su n d ry am en d m en ts.
a n d sea otte r w h ich fre q u e n t th e w a te rs o f th e n o r th /P a c ific
O cean , co ncluded a t W a sh in g to n , J u ly 7, 191 1 , w a s r@ £d tw ice
M r. O V E R M A N . A m e n d m e n ts to th e b ill in trod u ced b y the
S en a to r fro m V e r m o n t?
by its title an d re ferre d to th e C o m m ittee on F o re ig n R e la tio n s .
M r. L O D G E . A m e n d m e n ts to th a t bill.
SH E R M A N A N TIT R U ST L A W .
/
I d e sire to ca ll th e atte n tio n o f th e S e n a te to th e sta te m e n t
The V IC E P R E S ID E N T .
T h e C h a ir la y s b e fo re th e S en a te
on th e first p age o f th e b ill. T h o s e p o rtio n s o f th e bill w hich
S en a te reso lu tion 219, c o m in g o v er fr o m a fo r m e # d ay . I t w ill
are p rin ted in sm a ll c a p ita ls a re ch a n g e s in e x is tin g la w , but
be stated.
a re n ot a m en d m e n ts to the bill a s introd u ced . T h e am en d m e n ts
The S e c r e t a r y .
S en a te reso lu tion 2 1 9 , b y «Mr. R a y n e r , d i to th e b ill a s in trod u ced a re p rin ted , a s u su a l, in ita lic s.
rectin g th e J u d ic ia ry C o m m ittee to rep ort to " th e S e n a te w h a t
The P R E S ID IN G O F F IC E R .
T h e S e c re ta ry w ill re p o rt the
ch an ges, i f a n y , it can reco m m en d in th e ."S h erm a n a n titr u st
first co m m itte e a m en d m e n t p rin ted in ita lic s.
la w , etc.
T h e first am en d m e n t w a s, in section 2, p ag e 3, lin e 1 1 , a fte r
M r. R A Y N E R .
I ask th a t th e reso lu tion m a y lie on th e ta b le
th e w ord “ C u b a ,” to in s e rt “ th e B e r m u d a s .”
f o r th e present.
/
M r. L O D G E .
M r. P resid en t, th a t is a m is ta k e w h ich I
The V IC E P R E S ID E N T .
T h e reso lu tion w ill lie on th e ta b le,
th o u g h t h a d been co rrected. I t sh ou ld be “ th e B a h a m a s .”
s u b je c t to th e c a ll o f th e S e n a to r fro m M a ry la n d .
The P R E S ID IN G O F F IC E R .
W it h o u t ob je ction , it w ill be
AD JO U R N M E N T TO .’M ON D AY.
M r. G A L L I N G E R .
M r. P re sid en t, I m o ve th a t w h en
S en a te a d jo u r n s to -d a y it be to m eet on M o n d a y n e x t.
T h e m otion w a s ag re e d to.
the
REGULATION OF IM M IG R A T IO N .
M r. L O D G E .
I m ove to ta k e up th e b ill ( S . 3 1 7 5 ) to regu late
th e im m igra tio n o f a lie n s to an d th e resid en ce o f a lie n s in the
U n ite d S tates.
T h e m otion w a s ag re e d to , and th e S en ate, a s in C o m m ittee
o f th e W h o le , proceeded to co n sid er th e b ill, w h ich h a d been
reported fro m the C o m m ittee on Im m ig ra tio n w ith a m en d m e n ts.
M r. L O D G E .
I a sk th a t the fo r m a l re a d in g o f the b ill, w hich
is a lon g one, be d ispensed w ith , an d th a t th e bill be re a d fo r
am en d m e n t, the co m m ittee a m e n d m e n ts to be con sid ered first.
T h e V IC E P R E S ID E N T .
T h e S en a to r fr o m M a s s a c h u s e tts
a s k s u n a n im ou s consent to dispense w ith the fo r m a l re a d in g o f
th e b ill.
/
M r. H E Y B U R N .
I a sk th a t the b ill be read.
I
ch a n ged to read “ th e B a h a m a s .”
T h e am en d m en t, a s m odified, w a s ag re e d to.
T h e n e x t a m e n d m e n t w a s, in section 2, p ag e 4, lin e 2, a fte r
th e w o rd “ se ctio n ,” to s trik e o u t “ tw e n ty -th re e ” an d in sert
“ fo u r .”
M r. L O D G E .
T h a t is an o th e r m isp rin t. I t sh ou ld be “ tw e n
ty -fo u r ,” n ot “ fo u r .”
The P R E S ID IN G O F F IC E R .
W ith o u t ob je ction , th e correc
tio n w ill be m ad e, a n d th e w o rd “ tw e n ty -fo u r ” w ill be in serted .
T h e a m en d m e n t, a s m odified, w a s ag re e d to.
T h e n e x t am en d m e n t w a s, in section 3, p age 5, lin e 7, a fte r
th e w o rd “ w h ic h ,” to strik e o u t “ m a y a ffe c t ” an d in se rt “ is
lik e ly to im p a ir ” ; in lin e 13, a fte r th e w o rd “ o r ,” to s trik e ou t
“ o f a ll ” an d in se rt “ w h o d isb e liev e in or a re op p osed to ” ; in
lin e 14, b e fo re th e w o rd “ a ll,” to s trik e o u t “ o f ” ; in th e sam e
line, a fte r the w o rd s “ fo r m s o f la w , o r ,” to in se rt “ w h o a d v o
ca te ” ; in lin e s 15 and 16, a fte r th e w o rd “ officials,” to strik e
ou t “ p erson s w h o d isb e liev e in or w h o a re op p osed to a ll
orga n ized g o v e r n m e n t” ; on lin e 19, a fte r th e w o rd “ to ,” to
1912,
CONGRESSIONAL RECORD— SENATE
c o m e in to h is p o s s e s s io n .
I f y o u s h a ll go f u r t h e r a n d d ir e c t
h im to p ro c u re in f o r m a t io n , y o u u n d e r ta k e to m a k e in v e s t ig a
tio n s t h a t re q u ir e m o r e t h a n a r e q u e s t o f t h e S e n a te .
M r. ItE E D .
M r . P r e s id e n t -------M r. B A C O N .
I y ie ld to th e ju n i o r S e n a to r f r o m M is s o u r i.
M r. R E E D .
I m e r e ly w a n te d to a s k th e S e n a to r a q u e s tio n ,
to g e t h is v ie w s .
I u n d e r s ta n d th e S e n a to r c o n c e d e s th a t, w it h
th e e x c e p tio n o f t h a t p a r t o f th e re s o lu tio n w h ic h p r o v id e s f o r
a n in v e s t ig a tio n in to th e a c tio n o f th e lo c a l a u t h o r itie s , th e
r e s o lu tio n o n ly e m b r a c e s th o s e s u b je c ts w h ic h n o w b y la w it
is m a d e th e d u ty o f th e S e c r e ta r y to in v e s t ig a te a n d re p o r t
u p on .
I th in k w e a g r e e u p on th a t.
M r. B A C O N .
Y e s : so f a r a s I re c o lle c t th e te r m s o f th e
l a w ; I h a v e n o t it b e fo r e m e.
M r. R E E D .
I t b e in g , th e r e fo r e , th e s itu a tio n t h a t b y a la w
o f t h e U n it e d S ta t e s th e p o w e r is v e s te d a n d th e d u ty i s i m
p o se d u p on th e S e c r e ta r y o f C o m m e r c e a n d L a b o r to m a k e
th e s e in v e s t ig a tio n s , d o e s t h e S e n a to r h o ld t h a t th e r e is a n y
im p r o p r ie ty w h e n a sp e c ia l m a t t e r a r is e s f o r th e S e n a te to r e
q u e s t in a r e s p e c tfu l w a y t h a t a sp e c ia l in v e s t ig a tio n b e m a d e
o f th a t p a r tic u la r m a t t e r a t o n c e ?
H a s n o t t h a t b e e n d on e
o v e r a n d o v e r a g a in b y th e S e n a te ?
M r. B A G O N .
I t m a y be, b u t it d o e s n o t r e s t in m y r e c o lle c
tio n .
M r. R E E D .
H a v e n o t r e q u e s ts b e e n m a d e o f th e S e c r e ta r y
o f A g r ic u lt u r e to in v e s t ig a te a n d r e p o r t a n d r e c o m m e n d w ith
r e fe r e n c e to v a r io u s d is e a s e s o f a n i m a ls t h a t w e r e c o n ta g io u s ?
M r. B A C O N .
I th in k n o t, b u t I m a y be m is ta k e n .
I th in k
it w ill be f o u n d t h a t he h a s b e e n a u th o r iz e d o r d ir e c te d b y la w
to m a k e su c h in v e s tig a tio n s .
M r. R E E D .
I th in k it is a c o m m o n p ra c tic e .
B u t i f i t w e re
n o t a c o m m o n p r a c tic e , i f w e w e r e w ith o u t p re c e d e n t, d o e s th e
S e n a to r h o ld th a t th e la w h a v in g im p o se d th e r ig h t u p on th e
S e c r e ta r y o f C o m m e r c e a n d L a b o r to m a k e su c h in v e s t ig a tio n s ,
th e r e is a n y im p r o p r ie ty in th e S e n a te r e q u e s tin g h im to m a k e
a s p e c ia l in v e s t ig a tio n o f a p a r tic u la r m a t t e r w h ic h is n o w b e
f o r e th e c o u n tr y a n d p r e s s in g f o r a t te n tio n ?
I s th e r e a n y im
p r o p r ie ty in t h a t ?
I g r a n t y o u i f th e m a n d o e s n o t o b e y i t h e
c o u ld p r o b a b ly n o t b e p u n ish e d , b u t is th e r e a n y im p r o p r ie ty
in m a k in g th e r e q u e s t?
M r. B A C O N .
M r . P r e s id e n t, a c c o r d in g to m y v ie w , n e ith e r
th e S e n a te a c tin g s in g ly n o r th e S e n a te a n d H o u s e a c tin g t o
g e th e r o u g h t to m a k e a r e q u e s t w h e r e it h a s a r ig h t to m a k e
a com m an d.
I t is th e fu n c tio n o f th e S e n a te a n d o f th e H o u s e
to p a s s la w s .
T h e S e n a te is e n title d to a ll t h e in fo r m a t io n it
n e e d s f o r th e p u r p o se o f e n a b lin g it to p a s s la w s in t e llig e n tly .
F o r t h a t r e a so n , I s a y , i f th e S e n a te sh o u ld se e p r o p e r to h a v e
a n in v e s t ig a tio n m a d e o f c o n d itio n s th e r e , w ith a v i e w to g iv in g
it th e in f o r m a t io n w h ic h it w ill n e ed in th e e n a c tm e n t o f a n y
la w , I c a r e n o t w h e th e r it is a la w w it h in its ju r is d ic t io n w h ic h
a ffe c ts la b o r o r w h e t h e r w e p a s s a la w w h ic h s h a ll r e la te to
c u s to m s d u tie s , in e ith e r c a s e t h e S e n a te h a s a r ig h t, o r th e
tw o H o u s e s a c tin g to g e th e r h a v e a r ig h t, to se t on f o o t su ch
in v e s t ig a tio n s a s w ill g e t in f o r m a t io n w h ic h m a y b e n e ed e d .
B u t I d o in s is t, M r . P r e s id e n t, th a t th e r e is n o p r o p r ie ty , a n d ,
I th in k , n o p r e c e d e n t f o r th e p r o p o s itio n t h a t w*here th e r e is a n
e x is t in g la w u p on th e s ta tu t e b o o k s th e S e n a te s h o u ld p a s s a
r e s o lu tio n re q u e s tin g t h a t a n officer s h a ll do w h a t th e la w r e
q u ir e s h im to d o.
O f co u rse , b y jo i n t re s o lu tio n o r b y s ta tu t e ,
i f w e th in k th e officer is n o t p e r fo r m in g h is d u ty , w e c a n r e
q u ir e h im to d o i t ; b u t, M r. P r e s id e n t, t h a t is a v e r y d iffe r e n t
th in g f r o m e ith e r th e H o u s e s in g ly o r th e S e n a te s in g ly p r e
fe r r in g to h im a r e q u e s t to o b e y th e la w .
I s a y t h a t is m a n i
f e s t ly im p ro p e r .
I w o u ld b e v e r y g la d i f th e S e n a to r f r o m W a s h in g t o n w o u ld
g iv e u s th e in f o r m a t io n w h e th e r th is is a S e n a te r e s o lu tio n or
a jo i n t r e so lu tio n .
I f it is a S e n a te r e so lu tio n , I re p e a t, it
g o e s b e y o n d th e p o w e r o f th e S e n a te to r e q u e s t a n officer to do
s o m e th in g o u ts id e o f h is o ffic e ; in o th e r w o r d s , to d o m o r e th a n
to g iv e in f o r m a t io n , fu r n is h p a p e r s , a n d so fo r t h .
W e have a
rig h t to re q u e s t a n d d ir e c t h im to d o th a t.
I f i t is a j o in t
r e s o lu tio n , th e n , M r . P r e s id e n t, i t o u g h t to b e p u t in a fo r m
w h e r e it s h a ll h a v e th e e ffe c t o f la w , a n d th e w o r d “ re q u e s t ”
o u g h t n o t to b e in it, b u t th e w o r d “ d ir e c t ” o r th e w o r d “ c o m
m a n d ” s h o u ld be in s e r te d .
I f th e in f o r m a t io n is n e e d e d w h ic h
is s o u g h t b y th is re s o lu tio n , th e n i t sh o u ld b e p u t in su c h s h a p e
t h a t w e w o u ld be s u r e to g e t it.
M r. G A L L IN G E R .
M r . P r e s id e n t, th e r e is v e r y im p o r ta n t
b u s in e s s p e n d in g b e fo r e th e S e n a te .
T h i s r e s o lu tio n h a s b een
d is c u s s e d a t g r e a t le n g th , a n d I m o v e to l a y th e r e so lu tio n on
tb e ta b le .
M r. P O I N D E X T E R .
M r . P r e s id e n t-------The V IC E P R E S ID E N T .
T h e S e n a to r f r o m N e w H a m p s h i r e
m o v e s to la y th e r e s o lu tio n on th e ta b le .
I t is n o t a d e b a ta b le
Q uestion.
2501
M r. P O I N D E X T E R .
I d id n o t d e s ir e to d e b a te th a t q u e s
tio n ; b u t I d e s ir e to a n s w e r th e q u e s tio n a s k e d m e b y th e S e n
a t o r f r o m G e o r g ia .
T he V IC E P R E S ID E N T .
T h e C h a ir r e g r e ts to s a y t h a t
u n d e r th e r u le s o f th e S e n a te t h a t is n o t p e r m is s ib le .
M r. B A C O N .
I h o p e th e S e n a to r f r o m N e w H a m p s h i r e w ill
p e r m it th e S e n a to r f r o m W a s h in g t o n to p ro ce ed .
T he V IC E P R E S ID E N T .
T h e q u e s tio n is on th e m o tio n o f
t h e S e n a to r f r o m N e w H a m p s h i r e to l a y th e r e s o lu tio n on th e
ta b le .
M r. G A L L IN G E R .
I w ill w ith h o ld th e m o tio n so t h a t th e
S e n a to r f r o m W a s h i n g t o n m a y m a k e a b r ie f s ta te m e n t.
M r. P O IN D E X T E R .
M r . P r e s id e n t, th e S e n a to r fr o m G e o r
g ia d w e lls o n th e f a c t t h a t th e m ilit ia is a S t a t e fo r c e u n d e r
t h e c o m m a n d o f th e S ta t e .
T h e S e n a to r s h a k e s h is h e ad .
M r. B A C O N .
I c a n n o t h e a r th e S e n a to r .
T h a t is th e re a so n
w h y I sh o o k m y h e a d .
T he V IC E P R E S ID E N T .
T h e S e n a te w i ll p le a s e be in ord er.
M r. P O IN D E X T E R .
I s a y th e S e n a to r f r o m G e o r g ia e m p h a
s iz e s th e f a c t t h a t th e m i li t i a o f th e S t a t e o f M a s s a c h u s e t t s is
n o t a F e d e r a l fo r c e , b u t is a n a g e n c y o f th e S ta t e , w ith w h ic h , o f
co u rs e , I a g re e .
B u t i f th e m ilit ia o f th e S ta t e , a c tin g u n d e r th e
a u t h o r it y o f th e S ta te , s h o u ld u n d e r ta k e to s to p a r a ilr o a d
tr a in t h a t w a s p a s s in g th r o u g h t h a t S t a t e in to a n o th e r S ta t e ,
I a p p r e h e n d it w o u ld th e n be in t e r fe r in g w ith a fu n c tio n w h ic h '
th e F e d e r a l G o v e r n m e n t h a s a r ig h t o f c o n tr o l— in t e r s t a t e c o m
m e rc e .
M r. B A C O N .
Y e s ; I w o u ld s a y to th e S e n a to r in s u c h a c a s e
th e la w p r e s c r ib e s th e r e m e d y th r o u g h a n a p p e a l to th e c o u r ts ,
a n d n o t to th e le g is la tiv e b r a n c h o f th e G o v e r n m e n t.
M r. P O I N D E X T E R .
I t is f o r th e p u r p o s e o f g a in in g i n f o r
m a tio n u p on w h ic h C o n g r e s s m ig h t d o w h a t th e S e n a to r h a s
so f o r c ib ly s a id it h a d th e r ig h t to d o , to c o m m a n d — I a m n o t
w illin g to g o to t h a t le n g th , h o w e v e r — -th e e x e c u tiv e d e p a r tm e n t
o f th e G o v e r n m e n t to p e r fo r m it s d u ty u n d e r th e la w , t h a t th e
r e s o lu tio n is d ir e c te d .
I f in th e p e r fo r m a n c e o f th e re q u e s t
c o n ta in e d in th e r e s o lu tio n it sh o u fd bo d is c lo s e d , a s i t w o u ld
b e d is c lo s e d , t h a t th e m ilit a r y fo r c e o f th e S t a t e o f M a s s a c h u
s e tts , th e p o lic e a n d th e m ilit ia , h a d in t e r fe r e d w ith th e fr e e
p a s s a g e o f o r d e r ly a n d la w -a b id in g p e o p le f r o m t h a t S ta t e in to
a n o th e r S ta t e , th e n , a c c o r d in g to th e S e n a to r f r o m G e o r g ia , th e
C o n g r e s s o f th e U n it e d S t a t e s c o u ld in s tr u c t, c o u ld c o m m a n d ,
th e e x e c u tiv e d e p a r tm e n t o f th e G o v e r n m e n t o f th e U n it e d
S t a t e s t o ta k e p ro p e r s te p s in th e c o u r ts , a s h e s a y s , o r o t h e r
w is e to se e t h a t in t e r s ta t e c o m m e r c e w a s n o t in t e r fe r e d w ith .
T h e m ilit ia d id n o t sto p a tr a in , b u t th e y s to p p e d a la r g e n u m
b e r o f p e o p le w h o d e s ir e d to r id e u p on th e tr a in , w h ic h to t h a t
e x te n t w a s th e s a m e th in g , a n d in p r in c ip le a n d in e ffe c t a s
m u c h a n in te r fe r e n c e w ith in t e r s ta t e c o m m e r c e a s th o u g h th e y
h a d o b s tr u c te d th e p a s s a g e o f th e e n tir e tr a in .
I t is c le a r ly
w ith in th e ju r is d ic t io n o f th e U n it e d S ta t e s G o v e r n m e n t.
T h e S e n a to r s a y s t h a t th e r e s o lu tio n w o u ld be p e r fe c t ly p ro p e r
i f in tro d u c e d f o r th e p u r p o s e o f o b ta in in g in f o r m a t io n to b e
u s e d in th e d is c u s s io n o f t h e t a r if f b ill.
I d o n o t u n d e r s ta n d
t h a t i t is n e c e s s a r y -------M r. B A C O N .
N o ; T h e S e n a to r w ill p a r d o n m e .
I d id n o t
s a y t h a t th is p a r tic u la r f o r m o f r e s o lu tio n w o u ld be su ffic ien t.
I s a id t h a t a re s o lu tio n p u t in th e p ro p e r s h a p e f o r t h a t p u r p o s e
w o u ld b e a ll r ig h t, b u t I n e v e r h a v e s a id — a t le a s t I d o n o t
th in k I d i d ; i f I d id I sp o k e in a d v e r te n tly — t h a t a r e s o lu tio n in
th i s s h a p e , a S e n a te r e s o lu tio n re q u e s tin g a n officer o f th e G o v
e r n m e n t to d o t h a t w h ic h th e la w n o w r e q u ire s h im to d o, n o t
in th e w a y o f f u r n is h in g in fo r m a t io n o r p r o d u c in g p a p e r s o r
a n y th in g o f t h a t k in d , w o u ld b e c u r e d b y th e q u e s tio n a s to
th e p a r tic u la r p u rp o s e i t p ro p o se d .
I s im p ly s a id t h a t i f it w a s
d e s ir e d to p ro c u re in fo r m a t io n a s to th e w a g e s o f th e s e s tr ik e r s ,
o r a s to th e n u m b e r o f fo r e ig n e r s , o r a n y o th e r q u e s tio n a f f e c t
in g la b o r e n te r in g in to th e m a n u fa c tu r e o f a r tic le s a b o u t w h ic h
w e w e r e to le g is la te in th e w a y o f im p o s in g a ta r if f , t h a t w o u ld
be a le g itim a te s u b je c t o f In q u ir y , a n d t h a t p u t in p r o p e r s h a p e
I w o u ld c e r t a in ly su p p o rt it m y s e lf.
B u t I d o n o t th in k I h a v e
s a id — I c e r ta in ly d id n o t so in te n d to s a y — t h a t a r e s o lu tio n in
t h i s s h a p e w o u ld be g o o d i f in te n d e d f o r t h a t p u rp o s e , b e c a u s e
I d o n o t th in k it w o u ld be g o o d f o r a n y p u r p o s e in th is s h a p e
M r. G A L L IN G E R .
M r . P r e s id e n t-------M r. P O I N D E X T E R .
W i l l th e S e n a to r in d u lg e m e j u s t o n e
m in u t e ?
A s I u n d e r s ta n d it, th e e ffe c t o f t h e a r g u m e n t o f th e
S e n a to r fr o m G e o r g ia is t h a t a t le a s t t h a t p o r tio n o f th e r e s o lu
tio n w h ic h c a lls f o r in f o r m a t io n in r e g a r d to th e m illw o r k e r s
in L a w r e n c e , i f p u t in p ro p e r f o r m a n d a d d r e s s e d to th e p ro p e r
official o f th e G o v e r n m e n t, w o u ld b e w ith in th e f u n c tio n s o f th e
S e n a te , w o u ld b e p e r fe c t ly p ro p e r.
M r. B A C O N .
I th in k — :—
M r. P O I N D E X T E R .
T h e r e s u lt o f th a t is th a t th e S e n a te
w o u ld n o t c a ll u p o n a n y officer o f th e G o v e r n m e n t to f u r n is h
f m o rn in g b u sin e ss h a s been co n clu d ed ?
,
T he P R E S ID IN G O F F IC E R .
I t h a s n ot been concluded.
T h e C h a ir w a s a b o u t to la y b e fo re th e S en a te an o th e r re so lu
tio n com in g ov er fro m ye ste rd a y .
M r. I I E Y B U R N .
I y ie ld f o r th a t “ impose.
The P R E S ID IN G O F F IC E R .
T h ~ C h a ir la y s b e fo ie the
S en a te a re so lu tion co m in g ov er f r o m 'y e s te r d a y .
T h e S ec re ta ry read tlie re so lu tion ( S . R e s. 2 3 1 ) su b m itted by
M r . P o i n d e x t e r on th e 2Gtli in sta n t, a s f o llo w s :
Resolved, That the Secretary of Commerce and Labor be, and he is
hereby, requested to obtain and report to the Senate, through the Biueau
of Labor, full information concerning the condition of the mi workers
in Lawrence, Mass., and especially those now engaged in stidke, their
wages and conditions of living ; also what aP.P^ximate peicentage of
these employees are subjects of foreign countries, and ol what foreign
countries ; also what action has been taken by the local authoiit
Lawrence to forcibly interfere with the free passage of sa*$ a
Jif*Uhp1.
others from the city of Lawrence and State of Massachusetts to other
States.
M r. C U L B E R S O N . V e r y w ell.
The V IC E P R E S ID E N T .
T h e q u e stio n is on ta b lin g th e reso
lu tio n .
M r. M A R T I N E o f N e w Jersey.
On th a t I a sk fo r th e y e a s
an d n a y s.
T h e y e a s an d n a y s w e re ordered
M r. S I M M O N S . M r . P r e s i d e n t T h e V IC E P R E S ID E N T .
F o r w h a t p u rp ose does th e S en a to r
fr o m N o rth C a rolin a ris e ?
/
M r. S IM M O N S .
I ro se to a sk th e S en a to r fr o m N e w H a m p
sh ir e i f he w ou ld n o t w ith d ra w h is m o tion f o r a m o m en t.
/
The V IC E P R E S ID E N T .
T h e y e a s an d n a y s h av e been o r
dered, and th e S e n a to r fr o m N e w H a m p sh ir e lias insisted ^up on
h is m o tion , w h ich is n ot d eb ata b le.
/
M r. S I M M O N S . I sh ou ld n o t be p reclu d ed fr o m m a k in g m y
req u est on th a t accou n t.
/
T h e V IC E P R E S ID E N T .
T h e S e c re ta ry w ill c a ll/t h e roll.
T h e S e c re ta ry p roceeded to c a ll th e roll.
/
h av e a genM r. C U L L O M (w h e n h is n a m e w a s c a lle d ),
Chixton],
e ra l p air w ith the S en a to r fr o m W e s t V irg in ia
I d o n ot know h ow he w o u ld vo te i f p r e s e n t,, h id I th e re fo re
w ith h o ld m y vote.
/
M r. C R A W F O R D (w h e n M r. Gamble’s n a m e w a s c a lle d ).
I
d e s ir e to sta te th a t m y co lle ag u e [M r . Gamble] is n e ce s s a r ily
a b sen t fr o m th e S en a te on b u sin ess. Har is p aired w'ith th e
ju n io r Sen a to r fr o m A r k a n s a s [M r . D avub].
M r. M c C U M B E R (w h e n h is n a m e wasr c a lle d ). I h a v e a p a ir
w ith th e sen ior S en a to r fro m M ississip p i [Mr. Percy]. H e
b ein g ab sent, I w ill a sk to w ith h o ld njjf vote.
M r. P E N R O S E (w h e n h is n a m e w a jr c a lle d ) . I a m p a ire d w ith
th e ju n io r S en a to r fro m M ississip p i [M r . Williams], and
th e re fo re w ith h o ld m y vote.
/
M r. R A Y N E R (w h e n h is narnA w a s c a lle d ).
I a m p aired
w ith the ju n io r S en a to r from UtjAli [M r . S u t h erl an d ].
M r. R I C H A R D S O N (w h e n ljns n am e w a s c a lle d ).
I h av e a
gen eral p a ir w ith th e ju n io r Sen a to r fr o m S ou th C a ro lin a [M r .
S m it h ]. I th e refo re w ith h o ld m y vote.
M r. B A C O N (w h e n th e name o f M r . Smith o f G e orgia was
c a lle d ).
M y co lleag u e [Mi*. Smith o f G e o r g ia ] is n e c e ssa r ily
d etained fro m th e S e n a te b y p erson a l illn ess.
M r. S T O N E (w h e n h is n am e w a s c a lle d ) .
I h a v e a general
p a ir w ith th e S e n a t o r 'f r o m W y o m in g [M r . Clark ], w h o is
a b sen t fro m th e C h a m b e r.
I tr a n sfe r th a t p a ir to th e S en a to r
fr o m N e v a d a [M r . I^ wlands], an d vote.
I v o te “ n a y .”
M r. S M O O T (w tfen M r . Sutherland’s n a m e w a s c a lle d ).
M y co lle ag u e [M r .,- Sutherland] is n e c e ssa rily a b sen t fr o m th e
c ity . H e h a s a gen era l p a ir w ith th e S en a to r fr o m M a r y la n d
[M r . Rayner]
M r. W A T S O J f (w h e n h is n a m e w a s c a lle d ).
I h av e a gen eral
p a ir w ith th e /s e n io r S e n a to r fr o m N e w J e rse y [M r . B riggs],
an d therefore? w ith h o ld m y vote.
M r. W E I / I O R E .
I d esire to ann ounce th e p a ir o f m y c o l
le a g u e [Mjf. L ippitt] w ith th e ju n io r S en a to r fr o m T e n n essee
[M r . Lea.I
T h e roll ca ll w a s concluded.
M i'- MuCUM BER.
i tr a n sfe r m y p a ir w ith th e sen ior S en a to r
fro m M ississip p i [M r . Percy] to th e ju n io r S en a to r fr o m I ll i
n o is J M r. Lorimer], an d vote.
I vote “ y e a .”
M r. K E N Y O N .
I desire to announce that m y colleague [M r .
(:
C u m m in s ] is necessarily absent from the city.
Air. W A R R E N .
I d esire to sa y th a t m y co lle a g u e [M r . Clark
o f W y o m in g ] is a b sen t on a c cou n t o f illn e ss. H e is p aired
w ith th e sen ior S en a to r fro m M isso u r i [M r . S tone ].
T h e re su lt w a s ann ounced— y e a s 24, n a y s 3 7 , a s f o llo w s :
Bacon
Bailey
Brandegee
Burnham
Crane
Curtis
Dillingham
du Pont
Foster
Gallinger
He.vburn
Lodge
Y E A S— 24.
McCumber
Nixon
Overman
Paynter
Perkins
Root
Borah
Bourne
Bristow
Brown
Bryan
Burton
Chamberlain
Clapp
NAYS— 37.
Clarke, Ark.
Crawford
Culberson
Fletcher
Smoot
Stephenson
Thornton
Tillman
Warren
Wetmore
Gardner
Gronna
Guggenheim
Hitchcock
RECORD— SENATE.
Johnson, Me.
Johnston, Ala.
Jones
Kenyon
Kern
McLean
Martin, Va.
Martine, N. J.
Myers
O’Gorman
Page
Poindexter
E
Pomerene
Reed
Shively
Simmons
Smith, Md.
Smith, Mich.
e b r u a r y
27,
Stone
Swanson
Works
NOT VOTING— 30.
Bankhead
Bradley
Briggs
Chilton
Clark, Wyo.
Cullom
.Cummins
)avis
Dixon
Gamble
Gore
La Follette
Lea
Lippitt
Lorimer
Nelson
Newlands
Oliver
Owens
Penrose
Percy
Rayner
Richardson
Smith, Ga.
Smith, S. C.
Sutherland
Taylor
Townsend
Watson
Williams
So th e S en a te re fu se d to la y th e reso lu tio n on th e tab le.
M r. S M I T H o f M ich ig an .
M r . P re sid en t, I vo te d “ n a y ” beu ise I fa v o r th e a m e n d m e n t o ffe re d b y th e S e n a to r f -om
fexas [M r . Culberson]. I do n o t recogn ize a n y th in g u n u su a l
th e re so lu tion o f th e S en a to r fr o m W a s h in g to n [M r . Pi
e x t e r ] in so f a r a s it a s k s f o r in fo r m a tio n fr o m th e D e p a r t
m en t o f C o m m e rce a n d L a b o r re g a rd in g lab o r co n d ition s in flic
S ta te o f M a s s a c h u s e tts .
I f a v o r th e a m e n d m e n t o f th e S en a to r
fr o m T e x a s b ecau se I a m u n w illin g to s tig m a tiz e a s inefficient
or im p o ten t o r u n ju s t th e lo c a l officers o f th e go v e rn m en t o f
I
]Mn.sScicliiis0tts.
M r. P O I N D E X T E R .
W i l l th e S en a to r fr o m M ic h ig a n y ie ld
f o r a q u e stio n ?
T he V IC E P R E S ID E N T .
D o c s th e S en a to r f r / m M ic h ig a n
y ie ld to th e S en a to r fr o m W a s h in g to n ?
M r . S M I T H o f M ich ig a n .
C e rta in ly .
M r. P O I N D E X T E R .
T h is in q u iry m ig h t re sh it, i f th e fa c ts
w a rr a n te d , in v in d ic a tin g th o se officers.
I t m u s t n ot n e ce ssa rily
s tig m a tiz e them .
W h e th e r , h ow e ve r, it w o u ld s tig m a tiz e th e m
or n ot w ou ld d epend a lto g e th e r upon tiny c o n d ition s w h ich
e xisted .
M r . S M I T H o f M ich ig a n . M r . P re sid en t, I th in k in th e e x
e rcise o f th e p olice p ow ers o f th e S ta te /o f M a s s a c h u s e tts w e
h a v e no c o n stitu tio n a l concern w h a te v e r ' I see no reason in
th e w o rld f o r im p u tin g to th o se officers A ny fa ilu r e to do th e ir
d u ty or fo r v o lu n ta r ily in tru d in g o u rse lv e s in to a c o n trove rsy
so le ly w ith in th e p ow er o f th a t S ta te to rem ed y.
M r. B A I L E Y . M r . P re sid en t, th e re co u ld b e no sufficient
reason f o r th e in trod u ction o f th is /reso lu tion w ith th e la s t
cla u se o f it e lim in a te d , b ecau se I sup pose th a t no S en a to r on
th e floor w ill p reten d to th in k th a t .The la w a s it s ta n d s does
n ot cover a ll o f th e in q u irie s proposed , e xce p t th e la s t one. T h e
S en a to r fr o m W a s h in g to n u n d e rsta n d s th a t a s w ell a s I do,
an d he is too in te llig e n t a S e n a to r /t o a tte m p t a v a in or a use
le ss th in g.
I w a s im p re sse d by t/ie speech w h ich h e m a d e in
f a v o r o f th is re so lu tion , w ith th e le lie f th a t th e one f a c t w hich
he so u g h t in fo r m a tio n upon w a s
la t th e S ta te o f M a s s a c h u s e tts
h a d fa ile d in h e r d u ty .
I a m o f th e op inion th a t w ith o u t th e la s t c la u se th e S en a to r
fr o m W a s h in g to n w ou ld n ot
a v e in trod u ced th e re so lu tion ,
an d i t w a s fo r th a t reason I vg
to ta b le th e w h o le resolu tion !
U n d o u b te d ly , i f i t is to be pa sed a t a ll, it o u g h t to be p asse d
w ith o u t th e co n clu d in g cla i ;, b e c a u se it w o u ld th en d o no
m o re th a n to d ire ct an oJ fer o f th e G o v e rn m e n t to do w h a t
th e la w n o w m a k e s it h is
to do.
W h ile I a m on m y fe e t,
P re sid e n t, I w a n t to sa y th a t if
I th o u g h t a sovereign S tat o f th is U n io n h a d fa ile d to p e rfo rm
th e d u tie s a ssig n e d to itJ by th e C o n stitu tio n in su ch a w a y
a s to v e s t a j u r i s d i c t i o n /even o f in q u iry , in th e F e d e ra l G ov
e rn m en t, I w o u ld n e v e r /c o n s e n t to ord er a su b o rd in ate officer
o f a n y d ep a rtm e n t to p ro secu te th a t in q u iry , b u t in stea d , sir, I
w ou ld ra is e a co m m itte e o f th e S en a te o r a jo in t co m m itte e o f
th e tw o H o u s e s and In tru st to th e m an in q u iry o f th a t im
p ortan c e an d o f th a t d ig n ity .
M r. C U L B E R S O N . / M r. P re sid en t, I a m n o t in fa v o r o f th is
re so lu tion in its prepent f o r m ; b u t i f th e re so lu tio n is to be
ad o p ted a t a ll— an d t p re su m e it w ill be in som e f o r m — I w a n t
th a t p a r t o f th e reso lu tio n strick e n ou t b y w h ich th e S en a te
o f th e U n ite d S ta te s u n d erta k e s to d ire ct a m in o r officer o f
th is G o ve rn m e n t ip in q u ire in to th e a c ts o f a so v ere ig n S ta te
o f th is U n io n . S q m u c h fo r th a t.
I t h a s b een sa id th a t th e o b je c t o f th e reso lu tio n is d e
te rm in ed b y t h / la s t p a ra g ra p h , w h ich I h a v e su gg e ste d , by
m y a m e n d m e n t/ sh a ll be strick en ou t. I do n o t k n ow w h a t th e
o b je c t o f th e .S en a to r fr o m W a s h in g to n is e x ce p t a s I rea d
th e la n g u a g e /e m p lo y e d by h im in th is re so lu tion .
W h a t is
t h a t? T h a t th e S ec re ta ry o f C o m m e rce an d L a b o r s h a ll ob tain
a n d rep ort t^ th e S en a te —
Full information concerning the condition of the mill workers in
Lawrence, Mass., and especially those now engaged in strike— thenwages and Conditions of living ; also what approximate percentage of
these employees are subjects of foreign countries and of what foreign
countries. /
/
at the outset that the question is justiciable and should be submitted
to arbitration.
In the latter case the commission so decides, but in
both cases the subsequent procedure is the same.
M r . P r e s id e n t, I d o m ot th in k i t m a k e s v e r y m u c h d iffe r e n c e
w h a t v ie w w e ta k e o f th i s q u e stio n .
T h e re s o lu tio n o ffe r e d b y
th e V S e n a to r f r o m M a s s a c h u s e t ts [ M r . L o d g e ] i s p e n d in g ' h e re ,
a s s e n tin g th e r ig h ts o f th e S e n a te . I d o n o t b e lie v e th e a d o p tio n
o f th a t r e s o lu tio n is n e c e s a r y in o r d e r to b r in g a d e c is io n o f th e
j o in t h *£h c o m m is s io n b e fo r e t h i s b o d y , b u t th e r e a r e tw o o p in
io n s herey O n e o p in io n is to th e e ffe c t t h a t i t is n o t n e c e s s a r y ,
t h a t th e p r e r o g a tiv e s o f th e S e n a te a r e s e c u r e ; th e o th e r , t h a t
it is n e c e s s i t y to h a v e th a t k in d o f a r e s o lu t io n to m a k e th e m
se cu re .
T h e S r e s o lu t io n o f r a tific a tio n o f th e S e n a to r fr o m
M a s s a c h u s e t t s R em oves a ll d o u b t, a n d I do n o t se e w h y th e r e
s h o u ld b e a n y h elH tation in p a s s in g it.
In so m e r e m a r k s S m a d e on a p r io r o c c a sio n I s o u g h t to s h o w
t h a t th e t r e a tie s in >.lie f o r m in w h ic h th e y w e r e d r a w n p r o
v id e d t h a t in a n y e v e n k w h e th e r u n d e r a r tic le 1 o r u n d e r a r t i
cle 3, it w a s n e c e s s a r y ch a t th e a g r e e m e n ts sh o u ld c o m e h e re .
I t s e e m s to m e t h a t th e pfiiin E n g lis h m a k e s th is c o n c lu s iv e . I t
is s ta te d a t th e e n d o f tllq s o -c a lle d o b je c t io n a b le c la u s e o f
a r tic le 3 :
And if all, or all but one, of t&e members of the commission agree
and report that such difference is w ithin the scope of article 1, it shall
be referred to arbitration in accordance with the provisions of this
treaty.
In a r t ic le 1 th e r e is s e t f o r t h w itfly so m e d e g re e o f e la b o r a tio n
th e m e th o d o f s u b m ittin g a n y q u e srk m to a r b it r a t io n .
I t is,
a m o n g o th e r th in g s , p r o v id e d b y th is a r tic le t h a t th e e x e c u tiv e
h e a d s o f th e tw o c o u n tr ie s s h a ll e n te r iilto a s p e c ia l a g r e e m e n t,
th e t e r m s a n d th e sco p e o f w h ic h s h a ll R e fin e th e c o n tr o v e r s y
a n d th e p ro c e d u r e , a n d s h a ll s p e c ify w h e th e r th e q u e s tio n s h a ll
go to T h e H a g u e o r to a sp e c ia l tr ib u n a l, a n d t h a t th is s p e c ia l
a g r e e m e n t c a n o n ly b e m a d e b y a n d w ith t h \ a d v i c e a n d c o n
se n t o f th e S e n a te .
A r t i c le 3 w o u ld be ab soIV d ely in e ffe c tiv e
u n le s s w e r e in fo r c e it w ith th e p ro c e d u r e p ro v id e d in a r tic le 1 ;
in o th e r w o r d s , a n a g r e e m e n t u n d e r a r tic le 3 b y t h i s j o i n t h ig h
c o m m is s io n b r in g s it to th e s a m e p o sitio n w h ic h itN y o u ld h a v e
u n d e r a r tic le 1 , a n d y o u th e n b e g in w it h th e se w ord s
Shall be submitted to the permanent court of arbitration (htablisbec
at The Hague by the convention of October 18, 1907.
\
A n a r g u m e n t w a s b r o u g h t f o r w a r d h e re a m o m e n t a g o V I ^ O o
n o t th in k v e r y s e r io u s ly — t h a t t h i s sp e c ia l a g r e e m e n t c o u fif go
to th e a r b it r a t o r s w ith o u t a n y r e fe r e n c e to th e S e n a t e ^ M r .
P r e s id e n t, a n y o n e w h o w ill c a r e fu lly r e a d t h i s fir s t a r tic le w i
se e t h a t th e r e is n o b a s is w h a te v e r f o r t h a t p o sitio n , b e c a u s e it
is s ta te d in th e c le a r e s t la n g u a g e , “ a s m a y be d e c i ^ u in e a c h
c a s e b y s p e c ia l a g r e e m e n t ” ; t h a t is, w h e th e r it J o e s to T h e
H a g u e o r to a s p e c ia l tr ib u n a l, a n d th is s p e c ia l a g r e e m e n t c a n
o n ly b e m a d e “ b y a n d w ith th e a d v ic e a n d C o n s e n t o f th e
S e n a te .”
I n t h a t c o n n e c tio n it h a s a ls o b e e n a lle g ^ T w ith s o m e w h a t
m o re s e r io u s n e s s t h a t a c o n tr o v e r s y m ig h t JfC p re se n te d b y th e
P r e s id e n t to th e S e n a te , th e S e n a te m i g l i t ^ i j e c t it, a n d th e n it
w o u ld go , w it h o u t f u r t h e r e x e c u tiv e a c tio n , to th is j o i n t h ig h
c o m m is s io n .
T h e la n g u a g e o f th e t r e a t y is c o n c e i v e t h a t su ch is n o t th e
c a s e , f o r it p r o v id e s t h a t th e s u b n /s s i o n to th is c o m m is s io n
m u s t b e m a d e b y th e h e a d s o f tlie V e s p e c t iv e g o v e r n m e n ts — th e
h ig h c o n tr a c t in g p a r tie s , a s t l i e y j f r e te r m e d .
I n th e v e r y p r e
a m b le to th e t r e a t y th e r e is t h i s r e x p r e s s io n :
The high contracting parties liage—
T h e n o m itti n g so m e p o r tio n s w h ic h a r e im m a te r ia l—
for that purpose appointed as/U ieir respective plenipotentiaries—
T h e n it g o e s on to e n u op erate—
The President of the Unfted States of America, the Hon. Philander
C. Knox, Secretary of Stafre of the United S ta te s ; and
H is Britannic M a je s t y the Hon. James Bryce, O. M ., ambassador
extraordinary and plenipotentiary at W ashington.
T h i s a f f o r d s a c l ^ i r d e fin itio n o f w h a t is m e a n t b y th e “ h ig h
c o n tr a c tin g p a r th
T h u s , M r . P r u d e n t , it is p e r fe c t ly c le a r to m y m in d t h a t
u n d e r a r tic le 3^ a d e c is io n o f th is j o in t h ig h c o m m is s io n o f in
q u ir y b r i n g s ^ , c o n tr o v e r s y to th e s a m e p o sitio n in w h ic h it
w o u ld h av e r b een h a d th e r e b een a n a g r e e m e n t b e tw e e n th e
K i n g o f G ^ a t B r it a i n or h is m in is t e r s on th e on e sid e a n d th e
P r e s i d e i i g o f th e U n it e d S t a t e s a n d h is S e c r e ta r y o f S t a t e on th e
o th e r. /T n th e la t t e r c a s e it is a g r e e d a t th e o u ts e t th a t it is
ju s tio lfib le , w h ile in th e f o r m e r c a s e th e d e c isio n th a t it is
ju s t ic ia b le is r e a c h e d b y th e in te r p o s itio n o f th e c o m m is s io n o f
ij}<juiry.
I n b o th c a s e s th is q u e stio n m u s t g o to th e S e n a te .
I
lis m is s th a t, h o w e v e r, a s u n w o r th y o f f u r th e r a tte n tio n , a n d
b e c a u se f u r t h e r a r g u m e n t is u n n e c e ssa r y , sin c e th e re so lu tio n
o f r a tific a tio n p r o v id e s f o r th e s itu a tio n c r e a te d b y a re p o r t o f
th e c o m m is s io n o f in q u ir y u n d e r a r tic le 3.
B u t it is a lle g e d , M r . P re s id e n t, t h a t t h i s is b u t a n e n te r in g
w e d g e f o r a n a llia n c e w ith G r e a t B r ita in . W i t h a ll d u e re sp e c t
to th o s e w h o m a k e th is a lle g a t io n , it is a c h im e r a , a b a s e le s s
v is io n o f th e im a g in a tio n . T h i s c o u n tr y o f o u r s is n o t g o in g to
e n te r in to e n ta n g lin g a l l i a n c e s ; w e a r e n o t g o in g to d e p a r t f r o m
th e p o lic y o f a h u n d r e d y e a r s , la id d o w n b y th e f a t h e r s o f th&r
R e p u b lic a n d d ic ta te d a n d d e te r m in e d b y e v e r y c o n s i d e r a t i o n ^ !
p u b lic p o lic y .
jr
jF
M r . H I T C H C O C K . M r . P r e s id e n t-------The V IC E P R E S ID E N T .
D o e s th e S e n a to r f r o m O jrlo y ie ld
to th e S e n a to r f r o m N e b r a s k a ?
j*
M r. B U R T O N .
C e r t a in ly .
M r. H IT C H C O C K .
I th in k th e . S e n a to r fr o r m O h io h a s f o r
g o tte n t h a t h e h i m s e lf h a s b e e n w id e ly q u o te d in th e p u b lic
p r e s s a s b e in g o f th e o p in io n t h a t th is tr e a t y w o u ld p r o b a b ly
le a d to o th e r a g r e e m e n t s b e tw e e n th e U n ij^ d S ta t e s a n d G r e a t
B r i t a i n in th e n a t u r e o f a n a llia n c e .
M r. B U R T O N .
M r . P r e s id e n t, I im itfjg e in w h a t p e r h a p s is
t h e in d is c r e t io n o f p a tr o n iz in g a c lip a m g b u r e a u , a n d I d id see
a p a r a g r a p h to t h a t e ffe c t in a n e w s p a p e r , w h ic h s h a ll b e n a m e
le s s , in N e w Y o r k C it y . I t is u n n e c e s s a r y f o r m e to s ta te to th e
S e n a to r f r o m N e b r a s k a t h a t it Jras u tt e r ly w ith o u t a n y f o u n d a
tio n , a n d I d id n o t, o f c o u r s ^ u i g n i f y it w ith a n y d e n ia l.
I t is
p o s s ib le t h a t lu c u b r a tio n v ^ T c o p i e d in to s o m e o t h e r n e w s p a p e r ,
b u t I tr u s t it d id n o t g e te fn to th e p a p e r o f w h ic h th e S e n a to r
f r o m N e b r a s k a is th e p ro p r ie to r .
M r . I I I T C H C O C K . ^ T h e p a p e r to w h ic h I re fe r , in w h ic h th e
in t e r v ie w o r i g i n a t e d ^ v a s a p a p e r p u b lis h e d in th e c it y o f C le v e
la n d , k n o w n to b q ^ e r y f r ie n d ly to th e S e n a to r f r o m O h io , a n d
o fte n th e m e d iu
in w h ic h h e p u b lis h e s v ie w s on p u b lic q u e s tio n s.
M r. B U R 1
I s h o u ld lik e to k n o w to w h a t p a p e r y o u
re fe r .
M r . H U jjC H C O C K .
I r e fe r to th e C le v e la n d L e a d e r .
I n th e
C le v e la m ^ L e a d e r o f M a r c h 1 1, 1 9 1 1 , S e n a to r B u r t o n is q u o te d
a t c o n q u e r a b le le n g th , a n d , a m o n g o th e r th in g s , h e s a i d :
O f^ o u r s e , that is a separate treaty between two nations, and its
would not be changed directly. However, the making of an arbiion treaty w ith Great Britain probably would lead to a definite ex„r
ession of England’s position and, little by little, to other relations beween the three countries-------M r . B U R T O N . W h a t is t h a t la s t s e n te n c e ?
M r . H I T C H C O C K ( r e a d in g ) :
The three countries—
T h a t is, G r e a t B r it a i n , J a p a n , a n d th e U n it e d S t a t e s —
possibly to an alliance between them. That would do away with any
fear of hostilities between Japan and the United States.
M r. B U R T O N .
T h e la n g u a g e a s u s e d th e r e d o e s n o t in v o lv e
a \ y a llia n c e in th e se n s e in w h ic h th e te r m is u s u a lly e m p lo y e d .
h\ H I T C H C O C K . I t r e a d s “ p o s s ib ly to a n a llia n c e b e tw e e n
th e m
M E V B U R T O N . I b e g th e S e n a to r to ta k e m y a s s u r a n c e th a t I
n e v e r u se d a n y la n g u a g e o f t h a t k in d .
M r. W I L L I A M S .
M r . P r e s id e n t -------T he V IC E P R E S ID E N T .
D o e s th e S e n a to r f r o m O h io y ie ld
to th e S e n i o r f r o m M is s is s ip p i?
M r. W I L M A M S .
W i l l th e S e n a to r fr o m O h io y ie ld j u s t f o r
a s u g g e s t i o n ’H ie fe to th is e ffe c t, th a t i f th is tr e a t y w it h G r e a t
B r it a i n b e a n V a llia n c e w ith G r e a t B r it a i n , th e n th e id e n tic a l
tr e a ty w it h F r a n c e w ill be a n a llia n c e w ith F r a n c e ; th e id e n ti
c a l tr e a ty w i t h V l e r m a n y w ill b e a n a llia n c e w ith G e r m a n y ;
a n d th e id e n tic a K tr e a ty w ith I t a l y w ill b e a n a llia n c e w ith
I t a l y ; a n d w h e n vte g e t th r o u g h th e U n ite d S ta t e s w ill b e in
a llia n c e w ith e v e r y b o d y ?
M r . B U R T O N . I t w o u ld b e v e r y w e ll, I w ill s a y h e re , w h e th e r
so s ta te d in a n e w s p a p e r o r n o t, to h a v e a n a llia n c e , n o t
f o r w a r , n o t f o r offenVe o r a g g r e s s io n , b u t f o r p ea ce .
Som e
la n g u a g e u se d b y S ir B d w a r d G r e y in th e E n g lis h H o u s e o f
C o m m o n s h a s b e e n q u o te X v e r y e x te n s iv e ly to s h o w t h a t h e e x
p ec te d a n a llia n c e w ith tn c U n ite d S ta te s .
H i s la n g u a g e h a s
b e e n v e r y m u c h m is u n d e r s to o d .
l i e h a d in v ie w o n ly su ch
a r r a n g e m e n ts a m o n g th e n a tro n s a s w o u ld k e e p th e p ea ce .
M r. R E E D .
M r . P r e s id e n tThe V IC E P R E S ID E N T .
D ^ s th e S e n a to r f r o m O h io y ie ld
\
to th e S e n a to r f r o m M is s o u r i?
M r. B U R T O N .
Y es.
M r . R E E D . W o u ld the S e n a to r \ r o m O h io , u p o n th e s tr e n g th
o f th e s e tr e a tie s , be w illin g to c u t d W n th e m ilit a r y a p p r o p r ia
tio n s a n d q u it b u ild in g b a ttle s h ip s ? \
M r. B U R T O N .
I f th e s e tr e a tie s a i \ f o l l o w e d b y o t h e r tr e a
t ie s ; yes.
In a m e a s u r e th e y f u r n is h g r o u n d s f o r a b a tin g o u r
m ilit a r y a n d n a v a l p r o g r a m i f th e y a r e V a r r i e d in to e ffe c t b y
th e c o u n tr ie s in te r e s te d . W e c a n n o t a c c o m p lis h e v e r y th in g in
a d a y . T h e S e n a to r f r o m M is s o u r i k n o w s th a t n o o n e h a s b een
m o re s tr e n u o u s th a n I h a v e b een in o p p o s in g X jie a m b itio u s b a t
tle s h ip p r o g r a m o f re c e n t y e a r s ; a n d I a m p r o m o tin g th e same
v i e w s in a d v o c a tin g th e a d o p tio n o f th e s e tr e a t if
1
CONGRESSIONAL RECORD— SENATE.
2952
M r. R E E D . D o e s th e S en a to r fr o m O h io th in k th e re is a n y
confidence m a n ife ste d in th em w h en w e are ask e d n ot on ly to
con tin u e ou r m ilita ry a p p ro p riation s, b u t w h en E n glan d , G erm a n y , and F ra n c e a r e e n orm ou sly in c r e a sin g th e ir a r m a m e n ts ?
M r. B U R T O N . O f cou rse n o one can speak f o r th o se w h o are
m a k in g these reco m m e n d atio n s. I , a t le a st, do n o t pretend to do
so.
On th e oth er h an d, w e can n ot a c com p lish in a d ay the
g r e a t re su lts w h ich w o u ld fo llo w fr o m the ge n e ra l ad op tion o f
a p olicy o f a rb itra tio n .
T h e re is no one w h o im a gin e s fo r a
m in u te th a t th e se tr e a tie s a r e go in g to c re a te a n y m illen n iu m
or even b rin g us tp ^ 6 g a te s o f a m illen n iu m o f peace. T h e
m o st th a t w e cpn ^riy is th a t th e y a re th e b e st a rb itration
tre a tie s th a t h a v e Jteen fr a m e d an d th e y m a rk an ad v an ce in the
g r e a t m over
>r p eace an d f o r th e d ecrease o f w a r.
here, M r. P resid en t, th a t th ese tre a tie s arb iI t h a s b*
L o o k a t th e ir w ord in g .
T h e first artjc|e
tr a te
p rovides
ufcfencq
'It has,
lal ins
iLas^of riel'.fc mad*r
MablowrUhefr nature b:
_____ _____ _____________ yy the application of the princi.
la w o r equity, shall be submitted to the Permanent Court of Arbitration
established at The Hague.
U n d e r th e second a r tic le a so m e w h a t w ide r ra n ge o f co n tro
v e rsies m a y be su b m itted , b ut the finding
th e co m m issio n is
n o t co n clu sive o r binding, and I think.,
Junes w ith vein
g ra c e fo r us, w h o h a v e been ain(m g..fhe fo st prominwrtfTrPTl,
H a g u e convention, * w h o h a v e recornj snded co m m is s io n s ,
ouj£fcJUplop»tic
in q u iry , w h o h a v e recom m ended,
ibi
re p re se n ta tiv e s co m p u lso ry a g ^ flr fH it!
c o n trove rsies to such c o m m iS »W n s?to c< _
_ ___
_
w e sh all be in cu rrin g dangerHby le a v in g a n y co n tro v e rsy to a
c o m m issio n o f in q u iry w hen th e p rovision is p ro te cte d by a con
d itio n th a t th e finding sh a ll n o t be con clu sive or binding.
M r. P resid en t, I sin ce rely hope th a t th e th ird clau se o f a rtic le
3 w ill n o t be vo te d out, b ecause it is the
th is x h o l c tre a ty .
E y ^ f jr iw a p liW r t r f f f B a e r a l ag re e m en t b e
t w e e n u l e ’ T'S’WTTfw
resp ective co u n tries th a t a con
tro v e rsy sh a ll be arb itra ted , it goes to arb itra tio n , su b je ct, o f
course, to the ra tifica tio n o f th e S enate.
Second, th e re is th is
p ro visio n , th a t a n y d isp u te m a y be refCTn^d to a c o m m issio n o f
in q u iry , b u t th a t the decision sh a ll n o t be m if f i n g ; and to th a t
is jo in e d a m o st h e lp fu l condition , th a t on t h e r e q u e s t o f eith er
o f th e p a rtie s th ere m a y be a d e la y o f one y e a r t o g H m t i m e fo r
th a t d elib eratio n w h ich , i f it w ou ld n o t h a v e p r e v e n te a ^ ll^ w a r s ,
w ou ld h a v e preven ted m a n y o f the b loo d iest a n d m o st disas
co n te sts in th e h isto ry o f th e w orld . T h ir d , w h en th ere
d isa g re e m e n t betw een the e x e cu tiv e h e a d s o f th e tw o c o n f i n e s ,
th en th e question m a y be le f t to a co m m issio n o f in q jjify to d e
te rm in e w h eth er it is ju stic ia b le . T h a t c o m m is s m jr o f in q u iry
can m a k e no d ec ision th a t h a s a n y gre a te r hireling fo rc e or
san ction th a n w ou ld be tru e in ca se th ere h^mo d isp u te a b ou t
th e ir a rb itra b le q u a lity .
T h e pro visio n £ i » r a co m m issio n , too,
g iv e s th e op p ortu n ity fo r a c o m p a r is c m ^ f v iew s, fo r a rgu m en t,
and fo r d ela y , i f n e ce ssary, fo r th e in terpo sitio n o f d ip lo m a c y to
see i f th e qu estion can be s e t t le jj/a n d th e n th e qu estion is le f t
a g a in to th e S enate.
M r. R E E D .
M r. P resid en tThe V IC E P R E S ID E N T .
D o e s th e S en a to r fr o m O hio y ie ld
fu r th e r to th e S en a to r fr o m M isso u r i?
M r. B U R T O N .
I v e ry m u ch re g re t th a t I h a v e on ly a f e 1
m o m en ts m ore, b u t i f th e qu estion is v e r y b r ie f-------M r. R E E D .
I t is ju s t a b r ie f question.
M r. B U R T O N .
V e r y w ell.
M r. R E E D .
Suppose th a t d u rin g th a t y e a r o f d ela y,
ou r h a n d s a r e ab so lu te ly tied, som e fo re ig n coutntry w a s
f y in g a p osition it h ad ob tain ed in S ou th A m e r ic a , wou]
S en a to r b e w illin g th a t w e sh ou ld h a v e our Jjrands tie d f<
y e a r o f tim e ?
Air. B U R T O N .
O u r h a n d s wtyuld n o t ]$ tied in th e sli
degree.
M r. R E E D .
H o w w ou ld w e a !
M r. B U R T O N . O n e o f th e thingte mtfst c a r e fu lly provd ed
T h e H a g u e con ven tion is th a t th e M la y n e ce ssary f o r a decisl
sh a ll n ot p revent th e m ob ilizatiori\> f troops an d sh a ll n o t p re
ve n t p re p ara tio n fo r w a r.
hhjthii\g in th e se tr e a tie s fo rb id s
p re p a ra tio n fo r w ar.
T h e S^n ato rV from M isso u r i, I th in k , i f
h e re a d s them , w ill ag ree w i m m e in\the con clu sion th a t it d oes
n o t m e an a n y th in g o f th e
T h e n th e re h a s been a ce rta in a m du n t o f d iscu ssio n h ere in
good f a ith a s to th e rig h ts o f th e s e n a t e .
In e ith e r case,
w h eth er th e qu estion co m es to u s froi^i th e E x e c u tiv e d e p a rt
m e n t or fr o m th is c o m m issio n o f in q u iry , th e re is a m o ral
ob ligation n o t to r e fu se a rb itra tio n in a\ p ro pe r case.
W e can
n ot ca re lessly or un d er th e d icta te s o f se lfish n ess o r a d isp o si
March 7.
tion fo r n a tio n a l a g g ra n d ize m e n t r e fu s e to a r b itra te . W e m u s t
e xe rcise good fa ith an d hon or.
T h e le g a l r ig h t d o e s e x is t to
re fu s e to r a t if y an ag re e m en t, w h e th e r it co m es to u s a s the
re su lt o f a finding th a t is ju s tic ia b le und er a r tic le 3 or und er
a r tic le I .
U n d e r e ith e r a r tic le th e r e is a re co gn ition o f th e
f a c t th a t th e S en a te o f th e U n ite d S ta te s is a p a r t o f the
tr e a ty -m a k in g pow er.
B u t th e tr e a ty reco gn izes th e fu rth e r
f a c t th a t th e se a re a r b itra tio n tr e a tie s w h o se p ro v isio n s are
n o t to b e d isrega rd ed .
W e h a v e a lr e a d y en tered in to en gage
m e n ts o f th e sa m e ch a ra cte r.
I t h a s been said h ere th a t E n g la n d w o u ld b e a t a g r e a t d is
a d v a n ta g e , a s E n g la n d does n o t h a v e a ch a n ce to re fe r th e
qu estion to a sen ate. I h a v e n o f e a r but. th e E n g lis h G o v e rn
m en t
care o f i t s e l f ; b u t th ere is a v e r y su b s ta n tia l
conces^fon n /q Z e h ere to y lh e U n ite d K in g d o m o f G r e a t B r ita in
r e l a j W / in t i n t OfTlf
.umi y r ni~iili j.
i
is re q u ire d as
t ie s ?
esi#
___
„
toOT,
5or n e g o tia tin g an d se cu rin g th e ra tifica tio n o f th e tr e a tie s o f
1 9 0 8 w ith a n u m b er o f n a tio n s. T h e y w e n t to th e h ig h -w a te r
m a rk th a t w a s p ossib le a t th a t t i m e ; th e y m a d e a g re a t a d
v a n c e ; but a ll th ose tr e a tie s co n ta in ed c e rtain e xce p tio n s—
1 in terests, ind epend ence, a n d q u e stio n s in which
th e irfferests o f th ird p a rtie s a r e concerned . T w o o f th o se e x
p ression s— “ hon or an d v ita l in te r e sts ” — a r e so va g u e , so non.suscafitible o f d e finition th a t so lo n g a s th e y ap p ea r in a tr e a ty
ce rta in ty o f beneficial o r s a lu ta r y re su lts,
lish e s a s ta n d a rd w h ic h is th e o n ly co rre c t one,
a stWTidard’W id e r w h ich a r b itra tio n m a y a ssu m e in cre a sin g im
p ortan c e a s peace an d go od w ill in cre a se an d in te r n a tio n a l ju r is
p rud ence in clu d es a la r g e r n u m b er o f qu e stio n s, th e sta n d a rd o f
ju s tic ia b ility , o f rig h t b etw een n a tio n a n d n a tio n th e sa m e a s
w o u ld
a rise i f th e tr e a ty m a d e e xce p tio n s o f q u e stio n s o f h on or, v ita l
in terests, an d q u e stio n s in v o lv in g th ird p a rtie s.
E ith e r n ation
m ig h t h id e b ehind th ^ -r a g u e n e s s an d in d efin iten ess o f th o se
w ord s.
T h e w on J »"f> f th e p en d in g tr e a tie s h a v e n o t received
a b so lu te d e fin j# tm — th e S en a te w o u ld h a v e a rig h t to d ecid e
w h eth er a # t f e s t i o n w a s ju s tic ia b le — but th e y a re b a se d on the
rig h t m ^d cip le fo r th e g row th o f p eace a m o n g n a tio n s.
For
t h a U ^ a s o n , M r. P re sid en t, I u rge th e ir ra tifica tio n .
F u rth e r *e, to., r e je c t th ese tr e a tie s to -d a y a n d p la ce o u rse lv es in
h e p osition o f re je c tin g th e ad v a n ce s q f oth er n a tio n s w ou ld
be to p u t o u rse lv e s o u t o f lin e w ith th a t g r e a t m a rc h o f
;r e s s to w a rd a b e tter d a y o f a m ity an d go od w ill, in w h ich
in tftfc^mast w e h a v e b orn e so p ro m in e n t a p art.
The
P R E S ID E N T .
T h e h ou r o f 4 .3 0 o ’clock h a v in g
a rriv e d , t h e q w & t i o n first is upon th e first am en d m e n t to th e
tr e a ty re co m m en d ed b y th e c o m m itte e , w h ic h th e S e c re ta ry
w ill rep ort.
T h e tr e a ty h a s n ot been rea d in fu ll.
I s there
ob je ction to d isp en sin g w ith th e first fo r m a l re a d in g o f the
tr e a ty ?
[ A p a u se .]
T h e C h a ir h e a r s none.
T h e S e c r e t a r y . In th e p rin t o f A u g u s t 5, 1 91 1 , on p age 3,
ne 4 , it is proposed a fte r th e w o rd “ tr ib u n a l” to in s e rt a
co m m a , an d in th e sa m e lin e to s trik e o u t “ m a y ” an d in lieu
th e r e o f to in se rt th e w o rd “ s h a ll,” so th a t i f a m e n d e d it w ill
read:
to some other arbitral tribunal, as shall be decided in each case
V y special agreement'.
T h e V I C E P R E S I D E N T . W it h o u t o b je c tio n th e am en d m e n t
is ag re e d to. T h e S e c re ta ry w ill s ta te th e n e x t am en d m en t.
T h e S e c r e t a r y . O n p age 4, a r tic le 3, begin n in g w ith lin e 28,
it is p roposed to s trik e o u t th e th ir d p a ra g r a p h o f th a t article^
w h ich r e a d s a s fo llo w s :
It is further agreed, however, that in cases in which the parties
disagree as to whether or not a difference is Subject to arbitration under
article I of this treaty, that question shall be submitted to the joint
high commission of inquiry; and if all or all but one of the members
of the commission agree and report that such difference is within the
scope of article 1, it shall be referred to arbitration in accordance with
the provisions of this treaty.
M r . R O O T . I rise fo r th e p u rp ose o f a p a r lia m e n ta r y in q u iry
T h e V I C E P R E S I D E N T . T h e S e n a to r w ill s ta te it.
S ir. R O O T .
I t is, W h a t is th e p o sitio n o f th e amendment
in v ie w o f th e ac tio n o f th e S en a to r f r o m M a s s a c h u s e tts , w ho
w a s in c h a rg e o f th e tr e a ty , u n d er th e a u th o r ity o f th e C o m
m itte e on F o re ig n R e la tio n s , a n d w h o h a s offered a re so lu tion
f o r th e ra tifica tio n o f th e tr e a ty w ith o u t a m e n d m e n t?
D oes
th e re so lu tion offered b y th e S e n a to r fr o m M a ssa c h u se tts, in
e ffect, w ith d r a w th e a m e n d m e n t?
M r. C L A R K E o f A r k a n s a s an d s e v e ra l o th e r S en a to rs.
No
M r. L O D G E rose.
M r. R O O T .
T h e S e n a to r f r o m M a s s a c h u s e tts c a n s ta te h is
in ten tio n , I suppose.
1912.
CONGRESSIONAL RECORD— SENATE.
M r . L O D G E . T lie a m e n d m e n t n o w p e n d in g w a s tlie r e p o r t o f
tlie C o m m itt e e on F o r e ig n R e la tio n s , a n d is s till t h a t re p o rt.
P e r s o n a lly , I s h a ll v o te a g a in s t it.
I t is th e re p o r t o f th e m a
jo r i t y o f th e c o m m itte e .
T h e V I C E P R E S I D E N T . I t i s to s tr ik e o u t th e m a tte r w h ic h
th e S e c r e ta r y h a s j u s t re a d .
T h e q u e stio n is on a g r e e in g to
s tr ik e i t o u t.
M r. C L A R K E o f A rk a n sa s.
O n t h a t I d e m a n d th e y e a s a n d
nays.
T h e y e a s a n d n a y s w e r e o rd e re d , a n d th e S e c r e ta r y p ro c e e d e d
to c a ll th e ro ll.
M r . C L A R K o f W y o m i n g (w h e n h is n a m e w a s c a ll e d ) .
I
h a v e a g e n e r a l p a ir w it h th e se n io r S e n a to r f r o m M is s o u r i [ M r .
S t o n e ]. O il t h i s p a r tic u la r a m e n d m e n t I tr a n s f e r th e p a ir to
th e ju n io r S e n a to r f r o m N o r t h D a k o t a [ M r . G r o n n a ] , a n d w ill
v o te .
I v o te “ n a y .”
M r . S H I V E L Y (w h e n th e n a m e o f M r . D a v is w a s c a ll e d ) .
T h e j u n i o r S e n a to r f r o m A r k a n s a s is p a ir e d w ith th e s e n io r
S e n a to r f r o m S o u th D a k o t a [ M r . G a m b l e ].
W e r e th e ju n io r
S e n a to r f r o m A r k a n s a s p r e s e n t h e w o u ld v o te “ y e a .”
M r . S H I V E L Y (w h e n M r . S to n e ’ s n a m e w a s c a ll e d ) .
The
se n io r S e n a to r f r o m M is s o u r i [ M r . S t o n e ] w a s p a ir e d w ith th e
S e n a to r f r o m W y o m i n g [ M r . C l a r k ], a n d th e p a ir h a s b een
tr a n s fe r r e d . W e r e th e s e n io r S e n a to r f r o m M is s o u r i p r e s e n t he
W o u ld v o te “ y e a .”
T h e r o ll c a ll w a s c o n c lu d e d .
M r. J O N E S .
M y c o lle a g u e [ M r . P oin d exter ] h a s b e e n c a lle d
o u t o f th e c it y o n a c c o u n t o f th e s e r io u s illn e s s o f h is m o th e r .
H e h a s a d v is e d m e h o w h e w o u ld v o te on so m e a m e n d m e n ts , b u t
n o t on t h i s o n e .
S o I c a n n o t s a y h o w h e w o u ld v o te o n th e
p e n d in g a m e n d m e n t.
M r. L E A .
I d e sire to state th a t th e sen ior S e n a to r fro m
T e n n e s s e e [ M r . T a y l o r ] is n e ce ss a rily a b sen t fr o m th e city.
I d o n o t k n ow h o w h e w o u ld vote on th is am endm ent.
M r. B O R A H .
I w is h to a n n o u n c e t h a t m y c o lle a g u e [ M r .
H e y b u r n ] is n e c e s s a r ily a b s e n t. I f h e w e r e p re se n t, h e w*ould
v o te “ y e a .”
T h e r e s u lt w a s a n n o u n c e d — y e a s 4 2 , n a y s 4 0 , a s f o l l o w s :
Bacon
Bailey
Bankhead
Borah
Bourne
Bristow
Bryan
Chamberlain
Chilton
Clarke, Ark.
Culberson
Y E A S — 42.
Dixon
M artin, Va.
Fletcher
M artine, N. J.
Foster
Myers
Gardner
Newlands
Gore
O’Gorman
Hitchcock
Overman
Johnson, Me.
Owen
Johnston, Ala.
Paynter
Kern
Percy
Lea
Pomerene
Lorimer
Reed
Bradley
Brandcgee
Briggs
Brown
Burnham
Burton
Clapp
Clark. W yo.
Crane
Crawford
Cullom
Cummins
Curtis
Dillingham
du Pont
Gallinger
Guggenheim
Jones
Kenyon
Lippitt
Davis
Gamble
onna
N A Y S — 40.
Lodge
McCumber
McLean
Nelson
Nixon
Oliver
Page
Perkins
Rayner
Richardson
N O T VO T IN G — 9.
Penrose
Ileyburn
Poindexter
La Follette
Shively
Simmons
Smith, Ga.
Smith, Md.
Smith, Mich.
Sm ith, S. C.
Swanson
Tillm an
W atson
Root
Smoot
Stephenson
Sutherland
Thornton
Townsend
Warren
Wetmore
W illiam s
W orks
Stone
Taylor
SVvthe c o m m it te e ’ s a m e n d m e n t w a s a g r e e d to .
The V IC E P R E S ID E N T .
A r e th e r e o th e r a m e n d m e n ts to b e
o ffe r e d to th e t r e a t y ?
M r. C U L B E R S O N .
I o ffe r th e a m e n d m e n t I se n d to th e
d esk .
T lie V I C E P R E S I D E N T .
T h e S e n a to r f r o m T e x a s o ffe r s a n
A m e n d m e n t, w h ic h w ill b e s ta te d .
T h e S ecretary . I n th e fir s t p a r a g r a p h o f a r tic le 1, a f t e r
th e w o rd “ e q u ity ,” a t th e to p o f p a g e 3 , lin e 1, in s e r t t h e f o l
lo w in g w o r d s :
But which shall not embrace any question which affects the vital
Interests, the independence, or the honor of either of the two contractln8 parties, nor any question which concerns the interests or third
Parties.
T h e V IC E P R E S I D E N T .
T h e qu estion is on agreein g to th e
a m en dm en t p ro p o se d b y th e S en a tor fr o m T ex a s.
[P u ttin g th e
Q uestion.] T h e “ n o e s ” a p p ea r to h a v e it.
CULBERSON.
I a s k f o r th e y e a s a n d n a y s.
T h e y e a s a n d n a y s w e r e o rd e re d .
T h e S e cre ta ry p ro ce ed ed to ca ll tlie roll, a n d M r. B acon and
M r . B a il e y a n sw e re d to th eir nam es.
M r. B O R A H .
A n u m b e r o f u s h e r e d id n o t h e a r th e a m e n d
m e n t.
W e w o u ld lik e to h a v e it s ta te d a g a in .
T lie V I C E P R E S I D E N T .
W i t h o u t o b je c tio n , th e a m e n d m e n t
w ill b e r e s ta te d .
2953
T h e S e c r e ta r y r e s ta te d th e a m e n d m e n t.
T he V IC E P R E S ID E N T .
T h e S e c r e ta r y w ill r e s u m e th e c a ll
o f th e ro ll.
T h e S e c r e ta r y r e s u m e d th e c a llin g o f th e ro ll.
M r . C L A R K o f W y o m i n g (w h e n h is n a m e w a s c a l l e d ) .
I
h a v e a g e n e r a l p a ir w ith th e S e n a to r f r o m M is s o u r i [ M r .
S t o n e ], N o t k n o w in g h o w h e w o u ld v o te on t h i s q u e s tio n , I
w ith h o ld m y v o te .
M r . S H I V E L Y ( w h e n th e n a m e o f Mr. D avis w a s c a ll e d ) .
I
a g a in a n n o u n c e t h e p a ir o f th e ju n io r S e n a to r f r o m A r k a n s a s
[ M r . D a v is ] w it h th e s e n io r S e n a to r f r o m S o u th D a k o t a [M r.
Ga m ble] .
M r . L E A ( w h e n M r . T a y l o r ’ s n a m e w a s c a ll e d ) .
I a g a in a n
n o u n c e th e a b s e n c e o f th e s e n io r S e n a to r f r o m T e n n e s s e e [ M r .
T a y l o r ]. I d o n o t k n o w h o w h e w o u ld v o te on th is arnendm e n t.
T h e r o ll c a ll w a s c o n c lu d e d .
M r . C L A R K o f W y o m in g .
U p o n f u r t h e r in f o r m a t io n I w ill
t r a n s f e r th e p a ir I h a v e w ith t h e S e n a to r f r o m M is s o u r i [ M r .
S t o n e ] to th e S e n a to r f r o m N o r t h D a k o t a [ M r . G r o n n a ], a n d
w ill v o te .
I v o te “ n a y :”
M r. S H I V E L Y .
T o w h o m d o e s th e S e n a to r f r o m W y o m i n g
t r a n s f e r h is p a ir ?
M r . C L A R K o f W y o m in g .
T o th e ju n io r S e n a to r f r o m N o r t h
D a k o t a [ M r . G r o n n a ].
M r. S H I V E L Y .
I n e g le c te d to s t a t e w h e n th e n a m e w a s
c a lle d t h a t th e S e n a to r f r o m M is s o u r i [ M r . S t o n e ] w a s p a ir e d
on th is v o te w ith th e S e n a to r f r o m W y o m i n g [M r. C l a r k ].
T h e S e n a to r f r o m W y o m i n g n o w a n n o u n c e s a t r a n s f e r o f h is
p a ir .
M r. J O N E S .
A s I h a v e h e r e to fo r e s ta te d , m y c o lle a g u e [ M r .
P o in d ex ter ] h as been ca lled o u t o f th e c it y b y th e s e r io u s illn e s s
o f h is m o th e r . I d o n o t k n o w h o w h e w o u ld v o te on th is q u e s
tio n i f h e w e r e p re s e n t.
T h e r e s u lt w a s a n n o u n c e d — y e a s 3 7 , n a y s 4 5 , a s f o l l o w s :
Y E A S — 37.
Bacon
Bailey
Bankhead
Borah .
Chamberlain
Chilton
Clarke, Ark.
Culberson
Fletcher
Foster
Gardner
Hitchcock
Johnson, Me.
Johnston, Ala.
Kern
Lea
Lorimer
M artin, Va.
M artine, N. J.
Myers
Ncwlands
O’ Gorman
Overman
Paynter
Percy
Pomerene
Rayner
Reed
Shively
Simmons
Smith, Ga.
Smith, Md.
Smith, S. C.
Swanson
Tiiornton
Tillman
W atson
N A Y S — 45.
Crawford
Cullom
Cummins
Curtis
Dillingham
Dixon
du Pont
Gallinger
Gore
Guggenheim
Jones
Kenyon
Lippitt
Lodge
McCumber
McLean
Nelson
Nixon
Oliver
Owen
Page
Perkins
Richardson
Root
Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Warren
Wetmore
W illiam s
W orks
NOT VO T IN G — 9.
Davis
Gamble
Gronna
Heyburn
Heyburn
La Follette
La Follette
Penrose
Penrose
Poindexter
Poindexter
Stone
Taylor
So M r. C ulberson ’ s am en dm en t w a s rejected .
M r. B A C O N .
I o ffe r a n a m e n d m e n t, n o tic e o f w h ic h I h a v e
h e r e to fo r e g iv e n .
T h e V IC E P R E S ID E N T .
T h e S e n a to r f r o m G e o r g ia o ffe r s
a n a m e n d m e n t, w h ic h w i ll b e s ta te d .
M r. L O D G E .
I s it a n a m e n d m e n t to th e t r e a t y ?
T he V IC E P R E S ID E N T .
I t is, a s th e C h a ir u n d e r s ta n d s it.
M r. G A L L IN G E R .
Y es.
M r. L O D G E .
I s it a n a m e n d m e n t to th e tr e a t y ?
T h e V IC E P R E S ID E N T .
T h e C h a ir u n d e r s ta n d s it is a n
a m e n d m e n t to th e tr e a ty , a n d it w ill be s ta te d .
T h e S ecretary . I t is p ro p o se d to a d d th e f o llo w in g p r o v is o
to th e first c la u s e o f a r tic le 1 :
Provided, That this agreement of arbitration does not authorize the
submission to arbitration of any question which affects the admission
of aliens into the United States, or the admission of aliens to the educa
tional institutions of the several States, or the territorial integrity of
the several States or of the United states, or concerning the question of
the alleged indebtedness or moneyed obligation of any State of the
United States, or any question which depends upon or involves the
maintenance of the traditional attitude of the United States concerning
American questions, commonly described as the Monroe doctrine, or
other purely governmental policy.
The V IC E P R E S ID E N T .
T h e q u e s tio n is on a g r e e in g to th e
a m e n d m e n t.
M r. B A C O N .
O n t h a t I a s k f o r th e y e a s a n d n a y s .
T h e y e a s a n d n a y s w e r e o r d e r e d , a n d th e S e c r e ta r y p ro c e e d e d
to c a ll th e r o ll.
CONGRESSIONAL RECORD— SENATE.
2954
M r. C L A R K o f W y o m in g (w h e n liis n a m e w a s c a lle d ).
Un
d or th e tra n sfe r o f p a ir s h e re to fo re ann ou n ced , I w ill vote. 1
v o te “ n a y .”
T h e ro ll ca ll w a s concluded.
M r. J O N E S .
I d esire to ann ounce th a t i f m y co lle ag u e [M r .
P o i n d e x t e r ] w ere presen t, he w o u ld vo te “ y e a ” on th is a m e n d
m ent.
T h e re su lt w a s an n ou n ced — y e a s 4 1, n a y s 41, a s f o llo w s :
Bacon
Bailey
Bankhead
Borah
Bourne
Chamberlain
Chilton
Clarke, Ark.
Culberson
Cummins
Fletcher
Bradley
Brandegee
Briggs
Bristow
Brown
Bryan
Burnham
Burton
Clapp
Clark, Wyo.
Crane
Travis
Gatoble
Gronna
Y E A S— 41.
Foster
Myers
Gardner
Newlands
Gore
O’Gorman
' Hitchcock
Overman
Johnson, Me.
Owen
Paynter
Johnston, Ala.
Kern
Percy Pomerene
Lea
Reed
Lorimer
Shively
Martin, Va.
Simmons
Martine, N. J.
Crawford
Cullom
Curtis
Dillingham
Dixon
du l ’ont
Gallinger
Guggenheim
Jones
Kenyon
Lippitt
NAYS— 41.
Lodge
McCumber
McLean
Nelson
Nixon
Oliver
Page
Perkins
Rayner
Richardson
Root
NOT VOTING— 9.
Heyburn
Tenrose
La Follette
Poindexter
Smith, Ga.
Smith, Md.
Smith, S. C.
Swanson
Thornton
Tillman
Watson '<
AVilliams
Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Warren
AVetmore
AVorks
*
Stone
Taylor
T he V IC E P R E S ID E N T .
T h e n a y s h a v e it, and th e a m e n d
m e n t is lost.
M r. C H A M B E R L A I N . I d esire to offer th e a m en d m e n t w hich
I send to th e desk.
The V IC E P R E S ID E N T .
T h e S en a to r fr o m O regon offers
an am en d m e n t, w h ich w ill be read.
T h e S e c r e t a r y . I t is proposed to ad d th e fo llo w in g p ro viso
a t th e end o f th e first cla u se o f a r tic le 1 :
Provided, That this agreement of arbitration does not authorize the
submission to arbitration of any question which affects the admission
of aliens into the United States, or the admission of aliens to the educa
tional institutions of the several States.
T h e V I C E P R E S I D E N T . T h e question is on ag re e in g to the
a m e n d m e n t proposed b y th e S en a to r fr o m Oregon.
M r. C H A M B E R L A I N . On th a t I a sk fo r th e y e a s an d nay s.
T h e y e a s and n a y s w ere ordered, an d th e S e c re ta ry proceeded
to c a ll the roll.
M r. C L A R K o f W y o m in g (w h e n h is n a m e w a s c a lle d ).
I
h a v e a gen era l p a ir w ith th e se n ior S en a to r fr o m M is s o u r i [M r .
S t o n e ].
I tr a n sfe r th a t p a ir to th e ju n io r S en a to r fr o m N o rth
D a k o ta [M r . G r o n n a ] , an d I vo te “ n a y .”
M r. B A I L E Y ( a f t e r h a v in g vo te d in th e affirm a tiv e, w hen M r.
D i x o n ’ s n am e w a s c a lle d ).
I on ly a m o m en t ago p aired w ith
th e S en a to r fr o m M o n ta n a [M r . D i x o n ] , an d un d er th a t im
p ression he h a s le ft th e C h am b er.
I w ith d ra w m y vote.
T h e roll c a ll w a s concluded.
M r. J O N E S .
I ann ounce the n e ce ssa ry ab sen ce o f m y c o l
lea gu e [M r . P o i n d e x t e r ] , w ith th e sta te m e n t th a t I do n ot
k n ow h o w he w ou ld vo te on th is am en d m e n t i f h e w ere p resen t.
M r. S H I V E L Y .
I ag a in ann ounce th e ab sen ce o f th e ju n io r
S en a to r fr o m A r k a n s a s [M r . D a v i s ] and th a t h e is p aired w ith
th e senior S en a to r fr o m S ou th D a k o ta [M r . G a m b l e ] .
I a lso
ann ounce th e ab sence o f th e se n ior S en a to r fr o m M isso u r i [M r .
S t o n e ] , and th a t h e h a s a ge n e ra l p a ir w ith th e sen ior S en a to r
fr o m W y o m in g [M r . C l a r k ] .
T h e re su lt w a s ann ou n ced— y e a s 4 1 , n a y s 38, a s follow :
Bacon
Bankhead
Borah
Bourne
Chamberlain
Chilton
Clarke, Ark.
Culberson
Cummins
Fletcher
Foster
YEAS— 41.
Gardner
New lands
Gore
O’Gorman
Hitchcock
Overman
Johnson, Me.
Owen
Johnston, Ala.
Pa.vnter
Kern
Percy
Lea
Pomercne
Lorimer
Rayner
Martin, Va.
Reed
Martine, N. J.
Shively
Myers
Simmons
NAYS— 38.
Crawford
Lodge
Cullom
McCumber
Curtis
McLean
Dillingham
Nelson
Nixon
du Pont
Oliver
Gallinger
Guggenheim
Page
Jones
Perkins
Kenyon
Richardson
Lippitt
Root
Smith, Ga.
Smith, Md.
Smith, S. C.
Swanson
Thornton
Tillman
Watson
AVilliams
Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Warren
Wetmore
Works
March
NOT VOTING— 12.
Heyburn
Dixon
Bailey
Poindexter
Da Follette
Stone
Bryan
Gamble
Penrose
Taylor
Davis
Gronna
So M r. C h a m b e r l a i n ’ s am en d m e n t w a s ag reed to.
/
. T h e V I C E P R E S I D E N T . A r e th ere oth er a m en d m e n ts to the
tlreaty? I f not, th e tr e a ty w ill be rep orted to th e S en ate.
T h e S e c r e t a r y . A tr e a ty sig n ed b y th e p le n ip o te n tia rie s o f
G re a t B r ita in on A u g u s t 3, 191 1 , exte n d ob lig a tio n o f th e p o licy o f a r b itra tio n ad opted
a rb itra tio n tr e a ty o f A p r il 4, 190 8 , b etw een th e
e xclu d e c e rta in e x ce p tio n s con tain ed in
th a t tre a ty an d to p ro vid e m e a n s f o r th e p ea ce fu l solu tion o f
kill qu estio n s o f d ifferen ce w h ich it s h a ll be fo u n d im p ossib le in
feuture to se ttle by d ip lo m acy.
T h e V I C E P R E S I D E N T . W ith o u t ob je ctio n th e a m en d m e n ts
recom m end ed b y th e C o m m itte e o f th e W h o le a r e con cu rred in.
M r. B A C O N .
I u n d erstood th a t th e S en a to r fro m M a s s a c h u
se tts [M r . L o d g e ] w o u ld offer a resolu tion .
M r. L O D G E . I am go in g to offer it now .
T h e V I C E P R E S I D E N T . W ith o u t ob je ctio n th e am en d m e n ts
recom m end ed b y th e C o m m itte e o f th e W h o le a r e concurred in.
A r e th e re a m en d m e n ts to b e offered to th e tr e a ty in the S e n a te ?
M r. L O D G E . I f th e C h a ir w ill allow m e, I th in k w e a re a s
in open e x e c u tiv e session a n d n ot a s in C o m m itte e o f th e W h o le .
M r. B A C O N . I w a s a b ou t to m a k e th e sa m e point.
The V IC E P R E S ID E N T .
T h e ru le s p ro vid e fo r th e sam e
p rocedure in e x e cu tiv e session as in open session. B u t th e m a t
te r is d isp osed o f to a p oin t w h e re a re so lu tion o f ra tifica tio n jg
in order.
M r. L O D G E . I offer th is re so lu tion o f ra tifica tio n in lieu o f
th e one w h ich I p resen ted, b eca u se th e one th a t I p resen ted is no
lon g er n e ce ssarv, the a m e n d m e n ts h a v in g been m ad e.
The V IC E P R E S ID E N T .
T h e S e n a to r fr o m M a s s a c h u s e tts
offers a reso lu tion o f ratifica tio n , w h ich w ill b e read.
T h e S e c re ta ry read a s f o llo w s :
Resolved ( two-thirds of the Senators present concurring therein)
That the Senate advise and consent to the ratification cf the treaty
between the United States and Great Britain respecting arbitration
signed at Washington on the 3d day of August, 1911, with the follow!
ing amendments :
On page 3, line 4, after the word “ tribunal,” insert a comma.
In the same line strike out the word “ may ” and insert in Hun
thereof the word “ shall.”
On page 4, strike out the paragraph commencing line 28 and ending
line 35.
°
And at the end cf the first clause of article 1 add the following
proviso:
Provided, That this agreement of arbitration does not authorize the
submission to arbitration of any question which affects the admission
of aliens into the United States, or the admission of aliens to the
educational institutions of the several States.
M r. B A C O N .
I offer as a s u b stitu te fo r th e p ro viso tlie one
I n ow send to th e desk .
The V IC E P R E S ID E N T .
T h e S en a to r fro m G e orgia offers
an a m en d m e n t in th e fo r m o f a su b stitu te fo r th e p roviso, which
w ill be read.
T h e S e c r e t a r y . I n lieu o f th e p ro viso i n s e r t :
Provided, That the Senate advises and consents to the ratification
of the said treaty with the understanding, to be made a part of such
ratification, that the treaty does not authorize the submission to arbi
tration of any question which affects the admission of aliens into the
United States, or the admission of aliens to the educational institutions
of the several States, or the territorial integrity of the several States
or of the United States, or concerning the question of the alleged in
debtedness or monied obligation of any State of the United States, or
any question which depends upon or involves the maintenance of the
traditional attitude of the United States concerning American questions
commonly described as the Monroe doctrine, or other purely govern!
mental policy.
T h e V I C E P R E S I D E N T . T h e q u e stio n is on ag re e in g to the
am en d m e n t proposed by th e S en a to r fr o m G e orgia to tlie
re so lu tion o f ra tifica tio n .
M r. B A C O N .
On th a t I a s k fo r th e y e a s a n d n a y s.
T h e y e a s an d n a y s w ere o rd ered a n d ta k en .
M r. J O N E S .
I d esire to sta te th a t m y co lle a g u e [M r . P o i n
d e x t e r ] ad v ised m e th a t he is in f a v o r o f w h a t is k now n as
th e B a c o n am en d m en t.
I do n ot k n ow w h e th e r th is is the
am en d m e n t w h ic h w a s o r ig in a lly p rop osed b y th e S e n a to r fro m
G eorgia or not.
M r. B A C O N .
I t is an a m en d m e n t w h ich I o r ig in a lly p ro
p osed.
T h e am en d m e n t w h ich w a s first offered I o n ly p ro
p osed to -d a y , b u t th e am en d m e n t up on w h ic h w e a r e n o w v o tin g
I g a v e notice o f a t th e tim e th e S en a to r fr o m N e w Y o r k first
offered h is am en d m en t.
M r. J O N E S .
I u n d ersta n d , th e n , m y co lle a g u e w o u ld vote
y e a on th is am en d m en t.
T h e re su lt w a s ann ounced — y e a s 4 6 , n a y s 3 6, a s f o llo w s :
Y E A S — 40.
(
Bourne
Chilton
Fletcher
Bristow
Clarke, Ark.
Foster
Bryan
Culberson
Gardner
Chamberlain
Cummins
Gore
912.
Hitchcock
Johnson, Me.
Johnston, Ala.
Kenyon
Kern
Lea
Lorimer
McLean
M artin, Va.
Martine, N. J.
Myers
Newlands
O’ Gorman
Overman
Owen
Paynter
Bradley
Brandegee
Briggs
Brown
Burnham
Burton
Clapp
Clark, Wyo.
Crane
Crawford
Cullom
Curtis
Dillingham
Dixon
du Pont
Gallinger
Guggenheim
Jones
Davis
Gamble
.Gronna
2955
CONGRESSIONAL RECORD— SENATE.
Percy
Pomerene
Rayner
Reed
Shively
Simmons
Smith, Ga.
Smith, Md.
N A Y S — 36.
Lippitt
Lodge
McCumber
Nelson
Nixon
Oliver
Page
• Perkins
Richardson
NOT V O T IN G — 9.
Penrose
Heyburn
Poindexter
L a Follette
Smith, S. C.
Swanson
Thornton
Tillm an
W atson
W illiam s
|n r e fe r e n c e to th e F r e n c h t r e a t y b e ta k e n f r o m fir s t to la s t
jhat w e r e ta k e n in r e fe r e n c e to th e E n g lis h t r e a ty .
I s th e re
E je c t io n ? T h e C h a ir h e a r s n o n e, a n d tw o -th ir d s h a v in g v o te d
pr t h e t r e a t y , i t is ra tifie d .
-
Root
Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Warren
W etmore
W orks
Stone
Taylor
S o M r . B a c o n ’ s a m e n d m e n t to M r . L odge’ s r e s o lu tio n w a s
a g r e e d to.
T he V IC E P R E S ID E N T .
T h e q u e stio n is o n a g r e e in g to th e
r e s o lu tio n o f ra tific a tio n a s a m e n d e d .
M r. L O D G E .
O n t h a t I a s k f o r th e y e a s a n d n a y s .
T h e y e a s a n d n a y s w e r e o r d e r e d , a n d t h e S e c r e ta r y p ro
ce e d e d to c a ll th e ro ll.
M r . S H I V E L Y (w h e n M r . D a v is ’ s n a m e w a s c a ll e d ) .
I w is h
to s t a t e th a t on th is v o te th e j u n io r S e n a to r f r o m A r k a n s a s
[ M r . D a v i s ], w h o is a b s e n t f r o m th e C h a m b e r , is p a ir e d w ith
th e se n ior S e n a to r f r o m S o u th D a k o t a [ M r . G a m b l e ], a n d th a t
i f th e j u n io r S e n a to r f r o m A r k a n s a s w e r e p r e s e n t on th is v o te
h e w o u ld v o te “ y e a .”
M r . C L A P P (w h e n M r . G r o n n a ’ s n a m e w a s c a lle d ).
The
j u n io r S e n a to r f r o m N o r t h D a k o ta [ M r . G r o n n a ] is u n a v o id
a b ly a b s e n t f r o m th e C h a m b e r .
I f h e w e r e p re se n t h e w o u ld
v o te “ y e a .”
M r. S H IV E L Y
( w h e n M r . S tone ’ s n a m e w a s c a ll e d ) .
I
a g a in a n n o u n c e th e u n a v o id a b le a b se n c e o f the* s e n io r S e n a to r
f r o m M is s o u r i [ M r . S t o n e ], a n d t h a t h e h a s a g e n e r a l p a ir
w it h th e se n io r S e n a to r f r o m W y o m i n g [ M r . C l a r k ].
I f th e
s e n io r S e n a to r f r o m M is s o u r i w e r e p re se n t on th is q u e s tio n h e
w o u ld v o te “ y e a .”
T h e r o ll c a ll w a s c o n c lu d e d .
M r. C R A W F O R D .
I d e s ir e to s t a t e t h a t m y c o lle a g u e [ M r .
G a m b l e ] is n e c e s s a r ily a b s e n t, a n d t h a t h e is p a ir e d w ith th e
ju n io r S e n a to r f r o m A r k a n s a s [ M r . D a v is ].
I f m y c o lle a g u e
w e r e p r e se n t h e w o u ld v o te “ y e a .”
M r. J O N E S .
I d e sire to a n n ou n ce th e a bsence o f m y c o l
leagu e [M r. P o in d ext er ], a n d to sta te th a t i f he w ere present
he w o u ld v o te “ y e a .”
M r . L E A . I w is h to s ta te th e n e c e s s a r y a b se n c e o f th e se n io r
S e n a to r f r o m T e n n e s s e e [M r . T a y l o r ], a n d t h a t i f h e w e r e p r e s
e n t h e w o u ld v o te “ y e a .”
T h e resu lt w a s an n ou n ced — yea s 7G, n a y s 3 , a s f o llo w s :
Y E A S — 76.
Richardson
Lea
Bacon
Culberson
Root
Lippitt
Bailey
Cullom
Shively
Lodge
Cummins
Bankhead
McCumber
SimmoDs
Borah
Curtis
Smith, Ga.
McLean
Dillingham
Bourne
Smith, Md.
M artin, Va.
Bradley
Dixon
Smith, Mich.
Myers
du Pont
Brandegee
Smith, S. C.
Nelson
Briggs
Fletcher
Stephenson
Newlands
Bristow
Foster
Sutherland
Nixon
Brown
Gallinger
Swanson
Oliver
Bryan
Gardner
Thornton
Overman
Burnham
Gore
Tillman
Owen
Burton
Guggenheim
Townsend
Page
Hitchcock
Chamberlain
Warren
Paynter
Chilton
Johnson, Me.
W atson
Clapp
Percy
Johnston, Ala.
Wetmore
Clark, Wyo.
Perkins
Jones
W illiam s
Crane
Pomerene
Kenyon
Works
Rayner
Kern
Crawford
N A Y S — 3.
Lorimer
Reed
Martine, N. J.
NOT V O T IN G — 12.
Smoot
Clarke, Ark.
O’Gorman
Gronna
Davis
Stone
Heyburn
Penrose
Taylor
Poindexter
Gamble
La Follette
The V IC E P R E S ID E N T .
T w o -t h ir d s h a v in g v o te d in f a v o r
th e r e o f, th e r e s o lu tio n a s a m e n d e d is a d o p te d .
M r. L O D G E .
I n o w a s k u n a n im o u s c o n se n t th a t th e r e s o lu
tio n o f ra tific a tio n o f th e F r e n c h tr e a t y m a y b e la id b e fo re th e
"le n a te , id e n tic a l a m e n d m e n ts h a v in g b een p ro p o se d in th a t
t r e a t y ; t h a t is, th a t th e t r e a t y m a y b e c o n sid e r e d a s a m e n d e d
id e n tic a lly w it h th e E n g lis h tr e a ty , a n d t h a t a p r e c is e ly s im ila r
r e s o lu tio n o f r a tific a tio n m a y be la id b e fo r e th e S e n a te a n d
adopted.
The V IC E P R E S ID E N T .
T h e S e n a to r f r o m M a s s a c h u s e t ts
a s k s u n a n im o u s c o n se n t t h a t p r e c is e ly th e s a m e p ro c e e d in g s
l e g is l a t iv e
s e s s io n
.
|M r. L O D G E .
I m o v e t h a t th e S e n a te p ro ce e d to th e c o n s id
e r a tio n o f le g is la t i v e b u s in e s s ,
h e m o tio n w a s a g r e e d to.
M E S SA G E FROM T H E H O U SE .
, f ’’
m e n a g e f r o m th e H o u s e o f R e p r e s e n ta tiv e s , b y D . K . H e m p
s te a d , it s S m r o llin g c le rk , a n n o u n c e d t h a t th e H o u s e h a d p a s s e d
t i e b ill ( S . 2<J04) to a m e n d se c tio n 1 5 0 5 o f th e R e v is e d S ta t u te s
th e U n it e d s t a t e s p r o v id in g f o r th e s u s p e n s io n f r o m p ro m o
tion o f officers ofcd.be N a v y i f n o t p r o fe s s io n a lly q u a lifie d .
T h e m e s s a g e a l> s \ a n n o u n e e d t h a t th e H o u s e h a d p a s s e d th e
f o llo w in g b ills a n d j S m t r e s o lu tio n , in w h ic h it re q u e s te d th e
c o n c u r r e n c e o f th e S e in H n :
I L R . 1 5 4 7 1 . A n a c t m snsuig a p p r o p r ia tio n f o r r e p a ir , p r e s e r
v a tio n , a n d e x h ib itio n o f tlreL tr o p h y fla g s n o w in s to r e in th e
N a v a l A c a d e m y , A n n a p o lis , M chc
J
I I . R . 1 7 1 1 9 . A n a c t g r a n t in g tm ^ c o u r t h o u s e resqS-ve, a t P o n d
C re e k , O k la ., to th e c ity o f P o n d CrS&k f o r sc h o o l ® i d m u n ic ip a l
p u rp oses;
H . R . 1 7 4 8 3 . A n a c t a m e n d in g s e c t i o n S l9 9 8 o£ th e R e v is e d
S t a t u t e s o f th e U n it e d S ta te s , a n d to a u t n S H z if th e P r e s id e n t,
in c e r ta in c a s e s , to m it ig a te o r r e m it th e lo ssS d f r ig h ts o f c it i
z e n s h ip im p o s e d b y la w up on d e s e r te r s f r o m /n * £ m ilit a r y or
n a v a l s e r v ic e ; a n d
/
H . J. R e s . 1 1 8 . J o in t r e s o lu tio n a u t h o r iz in g £ h e Sdfsretary o f
W a r to a c c e p t th e tit le to a p p r o x im a te ly 5 ,0 0 0 a c r e s orN^and in
th e v ic in ity o f T u lla lio m a , in th e S ta t e o f /T e n n e s s e e , lid iic h
c e r ta in c itiz e n s h a v e o ffe r e d to d o n a to to th«f U n ite d S ta tes^ S o r
th e p u rp o s e o f e s ta b lis h in g a m a n e u v e r c a i /p a n d f o r th e ma)
n e u v e r in g o f tr o o p s , e s ta b lis h in g a n d m a in ta in in g c a m p s o f in
s tr u c tio n , f o r rifle a n d a r tille r y ra n g e s , ind f o r m o b iliz a tio n
a n d a s s e m b lin g o f tr o o p s f r o m th e g r o u p o f S ta t e s c o m p o se d o f
K e n tu c k y , T e n n e s s e e , M is s is s ip p i, A la b a m a , G e o r g ia , F lo r id a ,
N o r t h C a r o lin a , a n d S o u th C a r o lin a .
ENROLLED B IL L S SIGNED.
T h e m e s s a g e f u r t h e r a n n o u n c e d th a t th e S p e a k e r o f th e
H o u s e h a d s ig n e d th e fo llo w in g e n r o lle d b ills , a n d th e y w e r e
th e r e u p o n sig n e d b y th e V ic e P r e s id e n t/:
S. 3 2 1 1 . A n a c t a u t h o r iz in g t h a t c o m m is s io n o f e n s ig n be
g iv e n m id s h ip m e n u p on g r a d u a t io n fr o m th e N a v a l A c a d e m y ;
S. 4 5 2 1 . A n a c t to a u t h o r iz e th e c h a n g e o f th e n a m e o f th e
s te a m e r William A. Hawgood; a n d ;
S . 4 7 2 8 . A n a c t to a u t h o r iz e th e J h a n g e o f th e n a m e o f th e
S te a m e r Salt Lake City.
PETITIONS AND MEMORIALS.
T h e V I C E P R E S I D E N T p r e s e n te d a c a b le g r a m f r o m th e
P r e s id e n t o f th e R e p u b lic o f N ic a r a g u a , e x p r e s s in g g r a tific a tio n
to th e S e n a te o f th e U n ite d Stajfes u p on th e v i s it o f th e H o n .
P h ila n d e r C . K n o x , S e c r e ta r y o f S ta t e , to t h a t c o u n tr y , w h ic h
w a s r e fe r r e d to th e C o m m itte e dii F o r e ig n R e la tio n s .
H e a ls o p r e s e n te d a p e titio n pi th e P r o te c tiv e L e a g u e f o r th e
'am i lie s o f D r u n k a r d s , o f P it t /b u r g h , P a ., a n d a p e titio n o f th e
o c k la n d C o u n ty W o m a n ’ s C h r is tia n T e m p e r a n c e U n io n , o f
ew Y o r k , p r a y in g f o r t h e a d o p tio n o f a n a m e n d m e n t to th e
‘C o n s titu tio n to p ro h ib it t h e / m a n u fa c tu r e , sa le , a n d im p o r t a
tio n o f in t o x ic a t in g l i q u o r s ,/w h i c h w e r e r e fe r r e d to th e C o m
m it te e o n th e J u d ic ia r y .
M r . C U L L O M p r e s e n t e d /a m e m o r ia l o f s u n d ry c itiz e n s o f
L e d fo r d , 111., r e m o n s tr a tin g a g a in s t th e e x te n s io n o f th e p a r c e lp o s t s y s te m b e y o n d its p r /s e n t lim ita tio n s , w h ic h w a s r e fe r r e d
to th e C o m m itt e e on P o s t /j f f i c e s a n d P o s t R o a d s .
M r . G U G G E N H E I M p /e s e n t e d a m e m o r ia l o f s u n d r y c itiz e n s
o f G a la te a , C o lo ., r e n n p s t r a t in g a g a in s t th e e x te n s io n o f th e
p a r c e l-p o s t s y s te m b e y /n d it s p re s e n t lim it a tio n s , w h ic h w a s
r e fe r r e d to th e C o m m ijftee on P o s t O ffices a n d P o s t R o a d s .
H e a ls o p re s e n te d i p e titio n o f s u n d ry m e m b e r s o f th e I m
p ro v e d O r d e r o f R e d /M e n , o f L o n g m o n t, C o lo ., p r a y in g f o r th e
e re c tio n o f an A m e / c a n In d ia n m e m o r ia l a n d m u s e u m b u ild
in g in W a s h in g to n , p . C ., w h ic h w a s r e fe r r e d to th e C o m m itte e
on I n d ia u A ff a ir s .
M r . R A Y N E R p / ; sen te d a p e titio n o f th e W o m a n ’ s C h r is tia n
T e m p e r a n c e U n io if o f C a r m ic h a e l, M d ., p r a y in g f o r th e e n a c t
m e n t o f a n in te r s ta te liq u o r la w to p r e v e n t th e n u llific a tio n ofi
S ta t e liq u o r l a w / b y o u ts id e d e a le r s , w h ic h w a s r e fe r r e d to th e
C o m m itte e on t M J u d ic ia r y .
M r . D U P O N T p r e s e n te d p e titio n s o f th e W o m a n ’ s C h r is tia n
T e m p e r a n c e U / i o n o f S la u g h t e r N e c k ; th e Y o u n g P e o p le ’ s
B r a n c h o f th e W o m a n ’ s C h r is tia n T e m p e r a n c e U n io n o f S la u g h
t e r N e c k ; t h e /M e t h o d i s t E p is c o p a l C h u r c h o f C e d a r N e c k ; th e
M e t h o d is t P r /t e s t a n t C h u r c h o f M i l f o r d ;
W . M . Josep h , o f
2956
CONGRESSIONAL RECORD— SENATE.
M i lf o r d ; E lm e r C. B e n n e tt, o f M i lf o r d ; tlie L a w an d O rd er S o
cie ty o f T o w n s e n d ; th e Im m a n u e l M e th o d ist E p isc o p a l Church,
o f T ow n sen d.; an d th e loca l W o m a n ’s C h ristia n T e m p e ra n ce
U n io n o f T o w n se n d , a ll in th e S ta te o f D e la w a r e , p ra y in g fo r
th e e n actm en t o f an in te r sta te liq u o r la w to p reven t th e n u lli
fication o f S ta te liq u o r la w s by o u tsid e d ea lers, w h ich w e re
re ferre d to th e C o m m ittee on th e J u d iciary .
M r. R O O T presen ted p e titio n s o f m e m b e rs o f th e T ru e M e th o
d is t S u n d ay School ahd o f th e co n greg ation o f th e M eth o d ist
C h u rch o f E a s t S y r a c u s e ; o f m e m b e rs o f th e M e th o d ist E p is
copal S u n d a y School an d C h u rch o f C o lla m e r v i lla g e ; o f th e
W o m a n ’s C h r istia n T e m p e ra n c e U n io n s o f M a lo n e , I-Iorseheads,
an d B in g h a m t o n ; an d o f su n d ry citizen s o f B in g h a m to n , J a m esv ille , an d S y ra cu se , a ll in th e S ta te o f N e w Y o r k , p ra y in g fo r
th e e n a ctm e n t o f an in te rsta te liq u o r la w to p reven t th e n u lli
fication o f S ta te liq u o r la w s by o u tsid e d ea lers, w h ich w ere re
fe r re d to th e C o m m ittee on th e Ju d iciary .
H e also presen ted p etitio n s o f su n d ry lab o r u n io n s o f P orto
R ico , p ra y in g fo r th e e sta b lish m en t in th a t T e r r ito r y o f a d e
p a rtm e n t "o f com m erce and ag ric u ltu re , w h ich w e re re fe r re d to
the C o m m ittee on Pacific Isla n d s an d P orto R ico . '
H e also p resen ted p e titio n s o f s u n d r y -la b o r u n io n s o f P orto
R ico , p ra y in g fo r th e en actm e n t o f le g isla tio n g ivin g c itize n s o f
P orto R ic o th e rig h t to be citizen s o f th e IJnited S ta te s , w h ich
w e re re ferre d to th e C o m m ittee on P acific 1 Is la n d s an d P orto
R ico .
H e also presen ted p etitio n s o f su n d ry citizen s o f E lm ir a ,
N . Y ., p ra y in g f o r th e p a ssa g e o f the so-callecfs,eight-hour b ill,
w h ic h w ere re fe rre d to th e C o m m ittee on E d u c a n p n an d L ab or.
H e also p resen ted a m e m o ria l o f C h a pin P ost, N o . 2, D e p a r t
m e n t o f N e w Y o r k , G ra n d A r m y o f th e R e p u b lic , o f B u ffa lo ,
N . Y ., rem o n stra tin g a g a in st th e proposed d isco n tin u a n ce o f the
pension ag en cies th rou g h ou t th e co u n try, w h ich w a s r ^ e r r e d to
th e C o m m ittee on P ensions.
H e a lso p resen ted a p etitio n o f su n d ry c itize n s o f B u ffa lo ,
N . Y ., p ra y in g fo r th e p assa g e o f th e so-called S u lze r p arce h p o st
b ill, w h ich w a s re ferre d to th e C o m m ittee on P o st Offices V n d
P o st R oa d s.
H e also p resen ted a p etitio n o f su n d ry c itize n s o f T r o y , N .
A
March 7.
S ou th C a ro lin a , p rtiying f o r th e e n a ctm e n t o f an in te r s ta te
liq u o r la w to p re ve n t th e n u llification o f /S t a t e liq u o r la w s by
ou tsid e d ea lers, w h ich w e re re fe rre d t o /t h e C o m m itte e on the
J u d ic ia ry .
M r. B R A D L E Y p resen ted a p etitiosf o f su n d ry c itize n s o f
L in co ln C ou n ty, Ivy., p ra y in g fo r t i n / e n actm e n t o f a n in ter
s ta te liq u o r la w to p re ve n t th e n u llific a tio n o f S ta te liq u or
la w s by o u tsid e d ea lers, w h ic h w a s^ -e fe rre cl to th e C o m m ittee
on the J u d icia ry .
H e a lso p resen ted a m e m o r ia l o / t h e m e m o ria l an d e x e cu tiv e
com m itte e, G ra n d A r m y o f th e R e p u b lic , o f B u ffa lo , N . Y ., re
m o n stra tin g a g a in s t th e d isco n tin u a n ce o f th e p ension ag en cies
th ro u g h o u t th e co u n try , w h ic h ^ v a s re fe rre d to th e C o m m ittee
on P ensions.
titio n s o f J o u rn e ym e n B a r b e r s ’
, I n d . ; o f L o c a l U n io n N o . 157,
N o rth A m e r ic a , o f In d ia n a p o lis,
145, In te rn a tio n a l A s s o c ia tio n o f
tying f o r th e p a ssa g e o f th e sovere re fe r re d to th e C o m m ittee
E
„ .c\.i D epartm ent or in aian a, tiranu A rm y or m e R epu blic, o f T e rre
p ra y in g fo r a reduction o f the du ty on raw and refined su» a is > { j j ^ ute i uq .; praying fo r the p a s s a g e o f the so-called dollar-aw h ich w a s referred to th e C o m m itte e on Finance.
pcnsion pill, w hich w a s ordered oto L o c a l U n io n N o . 5, N a tio n a l
f lie on th e table.
M r. G O R E p resen ted a point reso lu tion adopted b y th e L e g is
•H e also p resen ted a m e m o ria l o f ers, P o lish aN s v ille , lIn d ., p ra y in g
th e o f E v n a tio n a A llia n c e
Future o f O k la h o m a , w h ich w a s re ferre d to the C o m m ittee on
m p ro r e in g f o a th e b u ild s t
o f T l i e U n ite d S ta te s o f N o r th A m e r ic a , v idm o n strr tin g a g a inin g o f
F in a n c e an d ordered to b e p rin ted in th e R ecord, a s f o l l o w s :
liips r a G o v t im m ig n tio ’
th e '-e n a c tm e n t o f le g isla tio n to fu rth ein re str ice rn m e n t raa v yny a rd ,
S ta te of O k l a h o m a .
m on on ig v a l n .
whiefc w a s re ferre d to th e C o m m itte eittee Im mN ara tioA ffa ir s .
Department of State,
M i v :P A G E p resen ted a p etitio n o f B oe dWL o c a l ’ U nC hn ,istia . 215,
o f th y
o m a n s io r N o n
To all to whom these presents shall come, greeting:
op erative f n io n
f a m e ent
1, Benjamin F. Harrison, secretary of state of the State of Oklaljfma, T e m p e ra n c e U n io n o f R ic lifo rd , V t., p ra y in g Uo r th e oe n Ac tmr ic a , o f
> t th e n u m e n ation
do hereby certify that the following and hereto attached is a truafeopy o f an in te r sta te liquor la w to p re ve ne sta b lish llifict o f ao fp arcel-p o st
S ta te
of house joint resolution 5, approved March 14, 1910, the origjpal of liq u o r lav^s b y o u tsid e d ea lers, w h ich w a C o mferre d to th eo s to m
i th e s re m ittee on P C Oiiices
which is now on file and a matter of record in this office.
J
In testimony whereof I hereto set my hand and cause to bjf affixed m itte e on th e J u d icia ry .
the great seal of state. Done at the city of Oklahoma this ,/6 t h day
s o f o f d ry c itiz e s
f L og
M r. W E T V I O R E p resen ted a p etitio n su nth e B o a rd n o f oT ra d e a n sof February, A. D. 1912.
o f P ro vid en ce, R . I ., p ra y in g fo r th la r y v ille , M o f ou ,e R e y n o ld theW o le se lection on th site in s,
[ s e a l .]
B e n j a m in F. H a r r is o n ,
tic a s
G ree m en d ed a n B u
M a ll, in th e D is t r ic t o f C o lu m b ia, ello, reco m n to w n , Vby the ren ,
Secretary/of State.
f In d ia a , th e p roposed
C o m m issio n of- F in e A r t s , f o r th e loca tio nn o f re m o n s tr a tin g La g a in s t
in
MARCjf 10, 1910,
e o m d its
coln m e m o r ia l/.w h ic h w a s re fe r re t sy steme b Cyo nm itte ep re sen t lim id to th
on the
House joint resolution 5.
o th e C o m m itte e on P o s t Offices
A resolution ratifying an amendment proposed by the^Sixty-first Con D is tr ic t o f C o lu m b ia.
H e a lso p resen ted re so lu tio n s ad o p ted a t a public m e etin g
gress of the United States of America on the 15ti?' day of March,
1909, to the Constitution of the United States qjid designated as h eld un d er th e a u sp ic es o f th e R oo f rt E n m . tBL ite r a ro st, sN o c ia
b e Joh m P e a ir d P y A s o . 592,
Article X V I.
tio n , o f P ro vid en ce, *R. I ., re m o nA r m tino f a g a in se pth elic , o f T e rre
stra y g th e R t u b ratification
De it resolved by the house of representatives aim the senate of the
o f th e proposed tre a tie s o f a r b itra tio n b e tw een th e U n ited
State of Oklahoma:
S ta te s, G re a t B r ita in * an d F ra n c e , an d a lso a g a in s t th e ra tifi
Whereas the Sixty-first Congress of the United /states of America, at
its first session, begun and held at the city of Washington, on Monday, ca tio n in th e fu tu r e o f a n y tr e a ty in v o lv in g th e M on ro e d oc
the 15th day of March, 1909, by joint resolution proposed an amend
ment to the Constitution of the United StatesAn words and figures as trin e , e tc., w h ich w ere o rd ered to lie on th e table.
follows, to w it :
H e a lso p re sen te d a p etitio n o f th e W o m a n ’s C h ristia n T e m
“ Resolved by the Senate and House of Representatives of the United p eran ce U n io n o f P ro vid en ce, It. I., p ra y in g fo r th e en actm e n t
States of America in Congress assembled .{two-thirds of each House
concurring therein), That the following article is proposed as an amend o f an in te r sta te liq u o r la\w to p re v e n t th e n u llific ation o f S ta te
ment to the Constitution of the United States, which, when ratified by liq u o r la w s by ou tsid e d ea lers, w h ich w a s re fe r re d to th e C o m
the legislatures of three-fourths of the saveral States, shall be valid to m itte e on th e J u d icia ry .
all intents and purposes as a part of the Constitution :
M r. B U R T O N p resen ted \ m e m o ria l o f su n d ry citizen s o f
“ A rt. 10. The Congress shall have p /v e r to lay and collect taxes on
incomes, from whatever source derived, without apportionment among A n to n is , O h io , re m o n str a tin g a g a in s t th e e x te n sio n o f th e p a r
the several States and from any censos or enumeration.”
ce l-p o st system b eyo n d its p resen t lim ita tio n s , w h ich w a s re
Now, therefore, be it resolved by i/ie house of representatives and the
senate of the State nf Oklahoma An extraordinary session assembled, fe r re d to th e C o m m itte e on P osN O ffices an d P o s t R o a d s.
Such subject having been recommended by the governor for considera
M r. J O H N S T O N o f A la b a m a p resen ted a m e m o ria l o f su n d ry
tion, that said proposed amendnjihnt to the Constitution of the United c itize n s o f Slocom b, A la ., re m o n stra tin g a g a in s t th e e xte n sio n
States of America is hereby rat/ued.
o f th e p arce l-p o st s y ste m beyon d \ s p re sen t lim ita tio n s , w h ich
/
B en F. W il s o n ,
w a s re fe r re d to th e C o m m itte e on P \ s t O ffices a n d P o st R oa d s.
Speaker of the House of Representatives.
/
J. C. G r a h a m ,
M r. R A Y N E R p resen ted a p etition o f th e official b ody o f
/
President pro tempore of the Senate.
th e C e n te n ary M e th o d ist E p is c o p a lV jh u r c h , o f W e s tm in s te r ,
Correctly enrolled. f
M il t o n B r y a n , Chairman.
M d ., p ra y in g fo r th e en actm e n t o f a m in t e r s t a t e liq u o r la w to
Approved March 14, 1910.
p reven t th e n u llific ation o f S ta te liq u o r V u v s b y o u tsid e d ealers,
C. N. H a s k e l l ,
w h ich w a s re ferre d to th e C o m m itte e o n Y h e J u d ic ia ry .
Governor of the State of Oklahoma.
M r. T I L L M A N p resen ted p etitio n s o f tb e co n greg ation o f th e
B u n com b e S tree t M e th o d ist E p isc o p a l C hurch, o f G ree n v ille ,
an d o f sundry citizen s o f W a r d an d T u lle y , a ll o f th e S ta te o f
REPORTS OF COM M ITTEE ON CfcAIM S.
M r. J O N E S , fr o m th e C o m m ittee on C la im s, to w h ich w a s
re fe rre d th e b ill ( S . 2 1 1 5 ) c o n fe rrin g ju ris d ic tio n on th e C ou rt
CONGRESSIONAL RECORD— SENATE.
3009
W I T H D R A W A L OF P A P E R S---- O M N IB U S C L A IM S B IL L .
O n m o tio n o f M r . G a l l i n g e r , it w a s
Ordered, T hat the papers accompanying S. 2 4 40, Sixty-first Congress,
entitled “ & bill for the allowance of certain claims reported by the
Court o f Claims under the provisions of the acts approved March 3,
1 8 83, and March 3, 1887, and commonly known as the Bowman and
Tucker A c t * -’ be withdrawn from the files of the Senate, no adverse
report having been made thereon.
W IT H D R A W A L
OF
P A P E R S— W I L L I A M
D O N N E LL Y .
O n m o t io n lp f M r . P om eren e , it w a s
Ordered, Thai, the papers in the case of W illiam Donnelly, S. 1146,
Sixty-second Congress, first session, be withdrawn from the files of the
Senate, no advemb report having been made thereon.
%
M I S S I S S I P P I RIVER LEVEES.
M r. W I L L I A M S .
I s u b m it a c o n c u r r e n t r e s o lu tio n , a n d I
s h o u ld lik e t o hw ve u n a n im o u s c o n s e n t f o r it s p r e s e n t c o n s id
e r a tio n .
T h e S e c r e ta r y Bgad th e c o n c u r r e n t re s o lu tio n ( S . C o n . R e s .
1 $&, a s f o l l o w s : 4
jR esolved by the Samite ( the H ouse of R epresentatives concurring),
T in t the Secretary of Jft’ar be requested to make a supplemental or ad
ditional report or estiirmte concerning the work of levee construction in
thy improvement of t l ® , navigability of the Mississippi River on the
east bank thereof from \ ick sb u rg to Bayou Sara for use in connection
with S. 4 3 53, being a bife to aid in construction of levees and embanknjjints on the east side or®he Mississippi River.
/T h e V IC E P R E S ID E N T .
I s th e r e o b je c tio n to th e p r e s e n t
C o n sid e ra tio n o f th e c o ilk ir r e n t r e s o lu t io n ?
f M r. N E L S O N .
M r . P » s i d e n t , it is c u s t o m a r y to h a v e r e s o
lu tio n s o f t h a t k in d g o t m t li e C o m m itte e on C o m m e r c e b e fo r e
a n y a c tio n b y th e S e n a t e ,m n d I th in k th e r e s o lu tio n o u g h t to
t a k e th e u s u a l c o u rs e a n d g|k to th e C o m m itt e e on C o m m e r c e .
M r. W I L L I A M S .
T h a t ^ o u l d b e th e r e g u la r c o u rs e , M r .
P r e s i d e n t ; b u t I h a v e a s k e d f fc a n im o u s c o n s e n t f o r th is r e a s o n ,
3010
CONGRESSIONAL RECORD— SENATE.
M r. G A L L I N G E R .
I sh a ll n ot o b je c t to th e p resen t con
sid eration o f th e co n cu rren t re so lu tion , b u t I w a n t to em p h asize
th e fa c t th a t w e a re sp en d in g m illio n s o f d o lla r s to p rotect and
p ro m o te the com m erce o f ce rta in stre a m s, in cid e n ta lly p ro
te ctin g p riv a te p roperty a t th e sam e tim e, an d th e re h av e been
a lr e a d y m illio n s o f d o lla r s o f c la im s filed a g a in st th e G o vern
m en t.
S till w e a r e b u ild in g m o re lev ees.
1 th in k th e G o vern
m e n t sh ou ld be p ro te cte d in som e w a y fro m bein g m u lcted in
d a m a g e s fo r w h a t it h a s done in th is resp ect to p rotect n a v ig a
tion an d com m erce. I do n ot o b je c t to th e reso lu tion a t all.
M r. W I L L I A M S .
I h a v e n ot w a n te d to a rg u e th a t question
n ow , and y e t I a m so m e w h a t lo a th to a llo w w h a t th e S en a to r
fro m N e w H a m p sh ire h a s sa id to p a ss w ith o u t reply.
I t is a
m a tte r o f ju d g m e n t f o r th e C o n gress o f th e U n ite d S ta te s
w h e th e r it sh a ll b u ild lev ee s to p ro m ote the n a v ig a b ility o f a
stre a m , b u t i f th e C o n gress o f th e U n ite d S ta te s decides th a t it
sh a ll do so an d if, as a resu lt o f its d ecision an d its w o rk , c iti
zen s h a v e th e ir p ro p e rty im m e d ia te ly d estro yed, th en it se em s
to m e th a t it is ve ry m e et and proper fo r C o n gress to consid er
th e ir cla im s, and th a t th e T r e a s u r y o f th e N a tio n shou ld re
spond to d am a ge s c o m m itte d by th e N a tio n . B u t th a t h a s n oth
in g to do w ith th e m a tte r n ow b e fo re th e S enate.
M r. G A L L I N G E R .
I a d m it th a t, b u t th ese tw o m e asu res
com e in ju x ta p o s itio n . I a m o f th e op in ion th a t p riv a te p ro p
e rty h a s been g r e a tly en hanced in v a lu e b y th e b u ild in g o f
d ik e s an d -------M r. W I L L I A M S .
I t h a s been; b u t th e p riv a te p ro p e rty
affected in th is in stan ce h a s been g r e a tly reduced in va lu e.
T h e p ro pe rtie s do not b elon g to th e sa m e p a r ty , and th e q u es
tion is w h eth er one citizen is e xp ected to p a y th e d a m a g e s th a t
a c cru e to an o th er th rou g h a benefit to him .
M r. G A L L I N G E R .
I th in k th e G o ve rn m e n t o u g h t to look
into this.
The V IC E P R E S ID E N T .
I s th e re ob je ctio n to th e p resen t
c o n sid eration o f th e re so lu tio n ?
T h e C h a ir h e a r s none.
The
qu estion is on ag re e in g to th e co n cu rren t resolution.
T h e con cu rren t re so lu tion w a s agreed to.
THREE-YEAR HOMESTEAD BILL.
M r. B O R A H .
I ask to h a v e p rin ted in th e R ecord severa l
e d ito r ia ls upon w h a t is kn ow n a s th e th re e -y e a r h o m estea d b ill.
T h e V IC E P R E S ID E N T .
I s there o b je c tio n ?
T h e C h a ir
h e a rs none.
T h e e d ito r ia ls a re a s f o l l o w s ;
[From the Portland Oregonian.]
LET POOR MEN HAVE HOMESTEADS.
While the railroads and all the commercial bodies of Oregon
unitin" their energies to draw settlers to Oregon, the homestead i
reclamation laws have the effect of scaring them away.
The ho;
stead law is generally understood to have been designed to give ~
man an opportunitv to acquire a home and a farm, but its terms
f of
interpreted that only a capitalist on a small scale can avail hin:
the
its privileges. The same statement is true in greater degree/'
reclamation law.
A review of the practical working of these laws will show Ip w their
terms and the method of enforcement discourage, instead of^encouraging, settlement. While the new railroads were building u|F the Des
chutes Canyon into Central Oregon a considerable number.iff the labor
ers filed on homesteads in the surrounding country. ThfflT could have
had at best hut a few hundred dollars each. The firsfepKecessity was
some temporary habitation, a few tools with which to* build it, and
some farming implements.
Then a patch of land gp&st he cleared,
plowed, seeded, and fenced, for which a team is nec^Sary.
By this time the settler's funds are probably about Exhausted and he
has no means, as yet, of making a living off his clafm. He must earn
money, hut if he goes away to work on the ra ilro a # in a logging camp,
on a farm, or in a city, his claim is likely to be ‘Mumped.” Should he
take this risk and escape the claim jumper, a special agent may hap
pen to appear on the scene and make a note otrliis absence. Thus he
must choose between risking the loss of his ciafm, with all the money
and labor he has put in it, and remaining on^pis claim to starve. The
consequence is that about four in five of the#hilroad laborers who took
up claims in Central Oregon have abandoned them.
These are the handicaps suffered by a jaan without family. If he
has wife and children, there are others. IP a dry-land farming district,
where the legal homstead is 320 acres, Bis nearest neighbor will be at
'least half a mile distant, and neighbor# will be few and widely scat
tered. His wife is condemned to thatjneadly isolation which has pro
duced the high rate of insanity amogg farmers’ wives.
There is no
school for his children, and he must £?#e them grow up in ignorance.
Tire homesteader’s only escape isyuo sell his labor for some months
for cash, which he urgently needs. JAllowed to absent himself from his
claim for six months each year
such times as employment is most
abundant, he could earn this irnfoey. He would most probably leave
his claim in the fall, secure w^n-k for the winter, move his family to
the nearest town and send his<flrildren to school there. A t that season
he could do nothing on his/claim and there would be no object in
exposing .iris family to the rigors of winter on the open prairie and to
the solitude of frontier lif/.
But he should be allowed to leave his
claim in either summer or.Avinter, provided his absence does not exceed
six months in any year, /for the best opportunities for work come in
the summer.
In the spring of the/second year the homesteader can return to his
claim, put more land,hinder cultivation, and during the summer make
much progress towartf producing from it a living for him and his family.
In the fall of that year ho can harvest his first crop and begin getting
returns on his laUdr. With his earnings of the second winter lie may
March 8,
make enough progress to dispense with any outside work, but he will
probably make faster progress in getting all his land under cultiva
tion if he is allowed to work elsewhere during the dull season on the
farm.
It is estimated by men who arc in the best position to know that a
man who moves from the Middle West, brings his family and furnitflro
m
to Oregon, and takes up a homestead needs about $2,000 to pull him
through until his land yields a living for the family without any onj>
side aid, such as working for wages. While Oregon welcomes sucli men
and the Government should encourage them to come, the homestead
law was designed for men without such equipment of capital, and
should be amended on the lines of the Borah bill, in order that mon
with little beyond their strong arms, an elementary knowledge of farm
ing, and a purpose to make a home on the land may net be excluded
from its advantages.
Jr
The conditions attaching to settlement on landJfrrigaled by the
Government are even more onerous, for, in addition to the handicaps
already enumerated, the settler must make consid^riiblc cash payments
to the Government for his water right. As the#T cash payments give
him an equity in the land similar to that of jr m a n who has made a
first payment on a house in town and who is marking monthly payments
the Government should give him a patent a s # w n as he has made three
annual payments and complied with the homestead law. lie will then
be in a position to borrow the money netgBsary for completion of im
provements and the Government will be,*m ply secured for the remain
ing payments by holding a lien on thjs^and, which is yearly growing
in value.
Oregon welcomes men of capital, l^ g e or small, but it also welcomes
men who will invest that which i&jPthe source of all capital— labor-__
in the reclamation of her unpeoplofir, fertile plains and valleys.
[From the S^eramento Union.]
h o m e s t e a h t l a w too se ver e .
There may be some merit itfMhe objection raised by Secretary of the
Interior Fisher to the n c W homestead law as proposed by Senator
B orah , of Idaho, but that some radical change in the statute in the in
terest of the nomesteader is-badly needed can not be successfuly denied
The bill now before Congress, providing for the acquisition of title at
the end of three instead of five years and allowing the entryman leave
of absence lor six months in each year, appears to be a little too
drastic.
It would, a^/Secretary Fisher argues, cut the required resi
dence down to 18 months. In theory, however, it appears to be right
in that it contemplates relieving the settler from the restriction which
has bankrupted so •Snany ambitious and deserving persons and allowed
others better eqi^pped financially to take advantage of their pioneer
efforts.
Any change in the homestead law that will facilitate the cultivation
of Government land and its transfer to private ownership in small par
cels— quartep-Sections or less— will be in the public interest. To-dav
the public [gfcd is not for the poor man, because it requires him prac
tically without interruption to live on his claim during the entire time
within ivffidi he proves his right to it. Thus he must have sufficient
money ijpen he goes to the land to maintain himself and family, pur
chase stock and implements, and defray sundry other expenses until
completion of proof, or for five years. Only because of illness or for
kindred reasons can he leave his location without running the risk of
havjjig it grabbed away from him by some interloper more familiar, per
haps; with the technicalities of the law.
M n t were the statute so changed as to allow him leave of absence for
a considerable period each year, he could earn the money with which to
Jsevelop his claim while proving upon it in compliance with the Governent’s requirements.
The best way to promote settlement and tillage of the vast tracts of
public land as yet untouched is to open them to the poor, to those who
are looking for opportunities to make themselves independent, to those
trying to become proprietors themselves, even in a modest way, and
endeavoring to escape from the proprietorship of others.
It may not be well to cut the time required for proving title down to
three years, but it is important that provision lie made for the leave of
absence very much as Senator B orah desires. The Senator knows con
ditions in Idaho, where ill-advised policies of conservation have ham
pered the development of the State and closed opportunities that could
long ago have been made productive of great wealth and progress. He
is not a monopolist and can not be accused of playing to persons de
signing unfair acquisition of Government land. His opinion, therefore
ought to be of weight.
jjr
doubtediy will be thrown open within the next few years. And Cali
fornia has suffered from the excessively restrictive features of the Fed
eral statute very much as Idaho, though perhaps not to such an extent.
[From the Fortland (Greg.) Journal.]
PRISONERS ON HOMESTEADS.
Secretary Fisher is setting his own quickly gained impressions on
requirements for homestead titles against the full knowledge and con
victions of Senator B oraii and other friends of the settler.
Senator B oraii says three years is long enough to keep a homesteader
waiting for his title. Secretary Fisher has read five years into existing
laws and stands pat.
Senator B orah , knowing the variety of home
steads and that what would be possible for one would be cruelty when
applied to another, proposes leaves of absence, if necessary, for the
man to earn subsistence and improvement money.
Secretary Fisher
tightens up and would allow but four or five winter months’ absence at
the outside.
Secretary Fisher would demand a specific amount of cultivation be
fore the settler gets his patent. His first action was that all the IG0
acres should be cultivated before patent, and this evidently sticks in his
brain. He seems to be a prairie State man and imagines that a settler
can take his team and plow onto his 160 acres and break it all up in
short order. It is a safe proposition that west of the Cascade Range a
settler who has got his road or horse trail made, his cabin and a small
barn and chicken house and pigpen built, 10 acres cleared and fenced,
a small orchard set out, a good garden in bearing, a few acres in oats,
alfalfa, clover or vetch— that man has given hostages to fortune and
should have his patent, even if he has done that work within the three
years’ limit.
So in other cases. Conditions will greatly vary. But the evidence of
bona fide settlement and intention, not the performance of specified
work, should be the test.
The Nation wants to get people onto th’c land. Its purpose should
not be hindered by its own officials.
1912.
CONGRESSIONAL RECORD— SENATE.
J o s e p h F . S m ith , la t e o f C o m p a n y I , E le v e n t h R e g im e n t N e w
Y o r k V o lu n te e r C a v a lr y , $ 3 0 .
V ic to r T r a c y , la t e o f C o m p a n y G , F i r s t R e g im e n t M a r y la n d
V o lu n te e r I n f a n t r y , $ 4 0 .
R u s s e ll D . R o y a l, la t e o f C o m p a n y A , S e v e n th R e g im e n t, a n d
C o m p a n y C , S ix t e e n th R e g im e n t, M a in e V o lu n te e r I n f a n t r y , $ 2 4 .
A n n J . R o u s e , w id o w o f A s a W . R o u s e , la t e o f C o m p a n y H ,
E le v e n t h R e g im e n t C o n n e c tic u t V o lu n te e r I n f a n t r y , $ 2 0 .
^ C h a r le s H . S e n se n e y , la t e o f B a t t e r y D , F i r s t R e g im e n t W e s t
V ir g in ia V o lu n te e r L ig h t A r t i lle r y , $ 3 0 .
S a m u e l B e a t t y , la te first lie u te n a n t C o m p a n y I , T h ir d R e g i
m e n t P e n n s y lv a n ia R e s e r v e s V o lu n te e r I n f a n t r y , $ 2 4 .
G e o r g e A . C liste e e, la t e o f C o m p a n y K , T e n t h R e g im e n t V e r
m o n t V o lu n te e r I n f a n t r y , $ 2 4 .
D a n ie l B u r k e t, la te o f C o m p a n y B , E ig h t y -f o u r t h R e g im e n t
I n d ia n a V o lu n te e r I n f a n t r y , $ 4 0 .
^ G e o r g e W . Patterson**, l a t e o f B a t t e r y F , F i r s t R e g im e n t O h io
V o lu n te e r L i g h t A r t i lle r y , $ 3 0 .
^ O liv e r C . M o r r is , l a t e o f C o m p a n y K , E ig h t ie t h R e g im e n t O h io
Volunteer I n f a n t r y , $ 2 4 .
H a r d in T . R ic h a r d s o n , la t e c a p ta in C o m p a n y C , T h ir ty -s e c o n d
R e g im e n t I ll i n o i s V o lu n te e r i n f a n t r y , $ 3 0 .
^ Elizabeth T e e l, w id o w o f J 0] m C . T e e l, l a t e o f C o m p a n y F ,
Thirteenth R e g im e n t I o w a V o lu r V e e r I n f a n t r y , $ 12 .
Edwin D . J o n e s, la t e o f C o m p a n y F , T w e n t y -s e v e n th R e g im e n t
Massachusetts V o lu n te e r In fa n tr y % j£ 2 4 .
F r e d e r ic k M . M ille r , la t e o f C o iftp a n y F , T w e l f t h R e g im e n t
V e r m o n t V o lu n te e r I n f a n t r y , $ 12 .
\
E d w a r d D . H a g e n , la t e o f C o m p a n y F , F i r s t R e g im e n t N e v a d a
V o lu n te e r C a v a lr y , $ 2 4 .
\
H e n r y I i. K i r k , la t e o f C o m p a n y E , T e iith R e g im e n t K e n tu c k y
V o lu n te e r C a v a lr y , $ 2 4 .
J o e l W . G la d s o n , la t e o f C o m p a n y A , E ig h t e e n th R e g im e n t
I ll i n o i s V o lu n te e r I n f a n t r y , $ 2 4 .
C a th e r in e S . W a l e s , w id o w o f W i l l i a m W . W h ie s , la t e o f C o m
p a n y G , F i f t h R e g im e n t R h o d e I s la n d V o lu n te e r H e a v y A r t i lle r y ,
$ 20 .
S a r a h A . P e c k , w id o w o f E d w a r d K . P e c k , la t e -.o f U . S . S
Albatross, U n it e d S t a t e s N a v y , $ 2 0 .
\
H i r a m B . M o r e y , la t e o f C o m p a n y E , E ig h t h R e g i m e ^ ! M a il
V o lu n te e r I n f a n t r y , $ 3 6 .
\
*
A u s t i n J. M a r s h , la t e o f C o m p a n y E , T h ir t y -e ig h t h R e g !
a n d C o m p a n y K , T h i r t y -f o u r t h R e g im e n t, I o w a V o lu n t
fa n try , $24.
Hiram N . B r a n n , la t e o f C o m p a n y D , T w e n t y -f i r s ^ i i e g i m e n !
M a in e V o lu n te e r I n f a n t r y , $ 3 0 .
E u g e n e S u lliv a n , la t e o f C o m p a n y D , F i r s t B a t t a li o n , S e v e n
te e n th R e g im e n t U n it e d S ta t e s I n f a n t r y , $ 2 4 . Jr
T ilm a n IL. E lr o d , la t e o f C o m p a n y I , T h ij^ e e n th R e g im e n t
I o w a V o lu n te e r I n f a n t r y , $ 3 0 .
f
M o r r is J o h n s o n , la t e o f C o m p a n y C , T h y ^ y -f o u r t h R e g im e n t
I lli n o i s V o lu n te e r I n f a n t r y , $ 2 4 .
Robert M a r t in , la t e o f C o m p a n y I , 3 fm e ty -n in t h R e g im e n t,
and
Com pany
K,
F iftie th
R e g i m e n t O h io
V o lu n te e r
In
fa n tr y , $30.
‘
/
W i l l i a m I I . T ills o n , l a t e o f C o m o ftn y E , E i g h t y -f o u r t h R e g in ie n t I ll i n o i s V o lu n te e r I n f a n t r y , J 2 4 .
Susan B e r fie ld , w id o w o f M o n ^ o m e r y B e r fie ld , la t e o f C o m
p a n y h , N in t h R e g im e n t M in n e s o ta V o lu n te e r I n f a n t r y , a n d
fo r m e r w id o w o f S y lv a n u s W a k e fie ld , la t e o f C o m p a n y B , F o u r th
R e g im e n t M in n e s o ta V o lu n te e r I n f a n t r y , $ 2 0 .
S a r a h E . C u n n i n g h a m ,* f i d o w o f A d a m A . C u n n in g h a m , la t e
° f C o m p a n y G , O n e h iu ftlre d a n d th ir ty -s e c o n d R e g im e n t I n
d ia n a V o lu n te e r I n f a n t ^ , $ 2 4 , a n d $ 2 p er m o n th a d d itio n a l on
a c c o u n t o f th e in in o iV c liild o f s a id A d a m A . C u n n in g h a m u n til
h e re a c h e s th e a g e J t 1G y e a r s : Provided, T h a t in th e e v e n t o f
th e d e a th o f B e r ttta C u n n in g h a m , h e lp le s s a n d d ep e n d e n t c h ild
° f A d a m A . C u n V m g h a m , th e a d d itio n a l p e n sio n h e re in g r a n te d
s h a ll c e a s e a n d r d e t e r m i n e : And provided further, T h a t in th e
e v e n t o f th e chjlath o f S a r a h E . C u n n in g h a m , th e n a m e o f B e r t h a
C u n n in g h a n V h e p la c e d o n th e p e n sio n r o ll a t $ 12 .
A b i j a h j . C h e a r s , la t e o f C o m p a n y K , F i r s t R e g im e n t O h io
Y o lu n t e e jr C a v a lr y , $ 3 0 .
W i li i a f n I I . P e e k , la t e o f C o m p a n y A , S e c o n d R e g im e n t N o r th
C a r o lin a V o lu n te e r M o u n te d I n f a n t r y , $ 2 4 .
Jiirfeson S . T w e e d , la t e o f C o m p a n y M , F i r s t R e g im e n t T e n
n e s s e e V o lu n te e r C a v a lr y , $ 2 4 .
.
W i lli a m G u r in , la t e o f C o m p a n y F , O n e h u n d re d a n d s ix t y fii'.4 u R e g im e n t N e w Y o r k V o lu n te e r I n f a n t r y , a n d C o m p a n y E ,
First R e g im e n t L o u is ia n a V o lu n te e r C a v a lr y , $ 30 .
S a r a h E . C lo u d , w id o w o f E ll i s A . C lo u d , la te o f C o m p a n y G ,
F i f t h R e g im e n t D e la w a r e V o lu n te e r I n f a n t r y , $ 1 2 .
W i l l i a m W . G o rd o n , la t e o f C o m p a n y H , N in e te e n th R e g im e n t
W is c o n s i n V o lu n te e r I n f a n t r y , $ 3 0 .
3135
D o n C a r lo s C a m e r o n , la t e o f F i r s t B a t t e r y W is c o n s i n V o lu n
te e r L i g h t A r t i ll e r y , $ 3 6 .
A n n a M . R o b in s o n , w id o w o f E li s h a J . R o b in s o n , la te o f
C o m p a n y F , T w e n t y -s e v e n th R e g im e n t W is c o n s in V o lu n te e r
In fa n tr y , $20.
J o h n A . G e o r g e , la t e o f C o m p a n y H , T h ir d R e g im e n t W i s c o n
sin V o lu n te e r I n f a n t r y , $ 5 0 .
E m m a n u e l M e n n e t, la t e c a p ta in C o m p a n y D , F if t y -n in t h . R e g i
m e n t I lli n o i s V o lu n te e r I n f a n t r y , $ 4 0 .
J o h n L . P e r k in s , la t e o f C o m p a n y D , N in e ty -f ift h R e g im e n t
P e n n s y lv a n ia V o lu n te e r I n f a n t r y , $ 3 0 .
O r la n d o B . D o u g la s , la t e o f C o m p a n y C a n d se co n d lie u te n a n t
C o m p a n y K , E ig h t e e n th R e g im e n t M isso u ri,? V o lu n t e e r I n f a n
tr y , $ 3 0 .
G e o r g e W . D im o n d , la t e o f C o m p a n y y f l , S e c o n d R e g im e n t
U n it e d S t a t e s V o lu n te e r S h a r p s h o o t e r s y $ 3 0 .
A d a m C . P a tte e , la t e o f C o m p a n v /A , F o u r te e n th R e g im e n t
I o w a V o lu n te e r I n f a n t r y , a n d C o m y fin y K , S e v e n th R e g im e n t
I o w a V o lu n te e r C a v a lr y , $ 2 4 .
J a m e s I I . M o r r is , la t e o f C em urtny L , E ig h t h R e g im e n t I o w a
V o lu n te e r C a v a lr y , $ 3 0 .
■
J a m e s G . D o r a n , la t e o f Q o m p a u y A , F o r t y -s i x t h R e g im e n t
M is s o u r i V o lu n te e r I n f a n t w ^ $ 3 6 .
R e u b e n B e llo w s , la t e c d /U o m p a n y D , O n e h u n d r e d a n d tw e n
tie th R e g im e n t N e w Y o * C V o lu n te e r I n f a n t r y , $ 3 0 .
E liz a b e th C . J a r r e t t ^ v i d o w o f B . F r a n k J a r r e t t, la t e o f C o m
p a n y K , O n e h u n d re jjra n d f o u r th R e g im e n t P e n n s y lv a n ia V o lu n
te e r I n f a n t r y , $2<L
D a v id A . B u c jm n a n , la t e o f C o m p a n y B , O n e h u n d r e d a n d
t h ir ty -f ift h R < y m ie n t P e n n s y lv a n ia V o lu n te e r I n f a n t r y , $ 2 4 .
H i r a m S. J p fu m m e r, la t e a s s i s t a n t s u r g e o n , O n e . h u n d re d a n d
te n th R e g h fie n t, a n d s u r g e o n , O n e h u n d r e d a n d fifty -s e c o n d
R e g i m e n t a l ll i n o i s V o lu n te e r I n f a n t r y , $ 3 6 .
A n d j x /v M c F a r la n d , la t e o f U . S . S . Grampus, Great W estern ,
a n d Gfioctaw, U n it e d S ta t e s N a v y , $ 3 0 .
Jafcn A . B o u lg e r , la t e o f U . S. S . North Carolina, New Ilampslj/fc, a n d Nahant, U n it e d S ta t e s N a v y , $ 2 4 .
M a r t in V . B . K n o x , la t e c a p ta in C o m p a n y E , T w e n t y -t h ir d
R e g im e n t U n it e d S ta t e s C o lo re d V o lu n te e r I n f a n t r y , $ 5 0 .
D i a n a C h r is ty , w id o w o f G e o r g e B . C h r is ty , la t e su r g e o n ,
N in t h R e g im e n t I llin o is V o lu n te e r C a v a lr y , $ 2 5 .
H e n r y V . L e a c h , la t e o f C o m p a n y H , T h ir d R e g im e n t N e w
Y o r k V o lu n te e r L ig h t A r t i lle r y , $ 3 0 .
A u g u s t u s G . W i n s lo w , la t e o f C o m p a n y B , S e v e n t y -fo u r th
R e g im e n t P e n n s y lv a n ia V o lu n te e r I n f a n t r y , $ 2 0 .
H e n r y B u c h o lz , la t e o f C o m p a n y C , F i f t h R e g im e n t M is s o u r i
a te M ili t ia C a v a lr y , $ 3 0 .
a r s e n a R . C la r k , la t e o f C o m p a n y M , S e c o n d R e g im e n t M is soulfe S ta te M i li t i a C a v a lr y , a n d C o m p a n y L , T h ir te e n t h R e g i
m en ( V l i s s o u r i V o lu n te e r C a v a lr y , $ 3 0 .
G u s f l m i s H . M a n n , la te o f C o m p a n y D , S e v e n t y -fo u r t h R e g i
m e n t N e k Y o r k V o lu n te e r I n f a n t r y , $ 3 0 .
G ilm a ir u L W h i t m a n , la te o f C o m p a n y D , T w e n t y -t h ir d R e g L
m e n t M a in \ V o lu n te e r In fa n tr y , $24.
G e o r g e A A C o v e r d a le , la te o f C o m p a n y C , F i r s t R e g im e n t D e l a
w a r e V o lu n te e r C a v a lr y , $ 2 4 .
B e n ja m in B A D . D e r ic k s o n , la t e o f C o m p a n y H , N in t h R e g i
m e n t D e la w a r e Ifo lu n te e r I n f a n t r y , $ 2 4 .
L e w is C h ild s , l\ te o f C o m p a n y D , E le v e n t h R e g im e n t N e w
H a m p s h i r e V o lu n te e r I n f a n t r y , $ 3 0 .
C h a r le s Y o u n g , I a t \ o f C o m p a n y A , T h ir te e n t h R e g im e n t N e w
Y o r k V o lu n te e r I n f a n i W , $ 3 0 .
J o h n H . M u llis o n , lateS af C o m p a n y B , T w e l f t h R e g im e n t P e n n
s y lv a n ia R e s e r v e V o lu n te e r I n fa n t r y , a n d C o in p a n 3 I I , O n e
r
h u n d re d a n d n in e tie th R fifc m e n t P e n n s y lv a n ia V o lu n te e r I n
fa n try , $36.
E m m a E . K e y e s , w id o w o f W i l l i a m T . K e jm s , la t e o f C o m p a n y
C , T e n t h R e g im e n t, a n d C o m p l y D , T w e n t y -n in t h R e g im e n t,
M a in e V o lu n te e r I n fa n t r y , $ 1 2 .
M r. M c C U M B E R .
O n p ag e 9, \ m o v e to s tr ik e o u t a ll o f
lin e s 11 to 1 4, in c lu s iv e — th e c a s e o r \ e n n i e W e s t .
T h e a m e n d m e n t w a s a g re e d to.
M r. M c C U M B E R .
I a s k t h a t in t h i X c a s e th e p a p e r s b e r e
c o m m itte d to th e S e n a te c o m m itte e .
T h e P R E S I D E N T p ro te m p o r e .
W i t h o ^ o b je c t io n , it i s so
o r d e re d .
M r. M cC U M B E R .
I a ls o m o v e to s t r ik e o i k a ll o f lin e s 1 1
to 1 4 , in c lu s iv e , on p a g e 1 3 — t h e c a s e o f A m oil H v J o h n s o n — th e
b e n e fic ia r y h a v in g d ie d sin c e th e b ill w a s re p o r te d
T h e a m e n d m e n t w a s a g r e e d to.
M r. M c C U M B E R .
O n p a g e 1 6 , lin e 1, I m o v e to & k ik e o u t
th e w o r d “ t w e n t y - f o u r ” a n d in s e r t in lie u th e r e o f t lay w o r d
“ t h i r t y .”
L a t e r e v id e n c e filed w ith th e c o m m itte e s h o w s t h a t
Ii
CONGRESSIONAL RECORD— SENATE.
T h e P R E S I D E N T p ro tem p ore.
“ it am en d m e n t.
Che S e c re ta ry re a d a s f o llo w s :
th q $)ap e rs
w ill be r e c o m m i t t ^ t o th e C o m m ittee on P ensions.
Air. S M I T H o f G e orgia.
I d esire to offer an am en d m e n t to
in se rted a t th e end o f th e b ill.
T h e P R E S I D E N T pro tem p ore. I f th e S en ator fr o m G eorgia
w ill send h is a m en d m e n t to th e d esk it w ill be stated .
T h e S e c r e t a r y . A t th e end o f th e b ill in se rt th e fo llo w in g
p r o v is o :
Provided, That 116 one of the said pensions shall he paid until the
examination has been made in the Pension Bureau and it has been
found that said party has actually served in the Army or the Navy
and was engaged in some battle in connection with said service.
T h e P R E S I D E N T pro tem p ore.
T h e q u e stio n is on ag reein g
to the a m en d m e n t offered b y th e S en a to r fr o m G eorgia.
M r. S M I T H o f G eorgia .
I su g g e st th e ab sence o f a q uorum .
T h e P R E S I D E N T pro tem pore.
T h e S en a to r fro m G e orgia
su g g e sts th e .absence o f a q u oru m . T h e S e c re ta ry w ill c a ll th e
roll.
T h e S e c re ta ry proceeded to call th e roll.
M r. B R Y A N (w h e n M r. F letcher ’ s n a m e w as c a lle d ).
My
co lle ag u e is u n a v o id a b ly d etain ed fr o m th e S enate.
M r. J O N E S (w h e n M r. P o i n d e x t e r ’ s n a m e w a s c a lle d ).
I
d esire to an n ou n ce th a t m y co lleag u e [M r . P o i n d e x t e r ] is d e
ta in ed fr o m th e C h a m b e r on ac cou n t o f th e d ea th o f h is
m o th er. I sh a ll a llo w th is ann ou n cem en t to sta n d fo r th e re st
o f th e day.
T h e fo llo w in g S e n a to rs a n sw e re d to th e ir n a m e s :
Bacon
Culberson
Lodge
Root
Cullom
McCumber
Simmons
Bourne
Martin, Va.
Cummins
Smith, Ga.
Brandegee
Curtis
Martine, N. J.
Smith, Mich.
Briggs
Myers
Dillingham
Smoot
Bristow
Nixon
Brown
Sutherland
du Pont
O’Gorman
Bryan
Foster
Swanson
Oliver
Taylor
Burnham
Gallinger
Burton
Gardner
Overman
Thornton
Chamberlain
Guggenheim
Page
Townsend
Chilton
Hitchcock
Percy
Warren
Clapp
Johnston, Ala.
Perkins
Watson
Clark, Wyo.
Jones
I’omerene
Williams
Clarke, Ark.
Rayner
Kern
Works
Crane
Reed
Lea
T h e P R E S I D E N T pro tem p ore.
F ifty -n in e S e n a to rs h av e
a n sw e re d to th e ir n am es. A q u o ru m is p resen t. T h e question
is on ag re e in g to th e a m e n d m e n t o f th e S e n a to r fr o m G eorgia .
M r. M c C U M B E R .
On th a t I a sk fo r th e y e a s an d n a y s.
M r. O V E R M A N .
L e t th e am en d m e n t be reported.
T h e P R E S I D E N T pro tem pore.
T h e S ec re ta ry w ill ag ain
sta te th e am en d m e n t.
T h e Secretary . A t th e en d o f th e b ill a d d th e f o llo w in g :
Provided, That no one of the said pensions shall be paid until the
examination has been made in the
Pension Bureau andit has been
found that said party has actually
served in the Army ortheNavy
and was engaged in some battle in connection with said service.
M r. S M I T H o f G e orgia .
I w ish to a d d w h a t I send to th e
d £sk .
y T h e S e c re ta ry rea d th e a m en d m e n t a s f o l l o w s :
Provided, That no one of the said special pensions contained in this
bill shall be paid to any one of the parties herein named until the
Pension Bureau has made investigation and found the said party to
whom the same is to be paid did not enter the service in consideration
of a bounty or for a payment made to him to serve as a substitute; and
Provided, That no one of the said pensions shall be paid until the
examination has been made in the
Pension Bureau andit has been
found that said party has actually
served in the Army ortheNavy
and was engaged in some battle in connection with said service.
T h e P R E S I D E N T pro tem p ore.
D o e s th e S en a to r fro m
G eorgia offer th is am en d m e n t in co nnection w ith th e other, or
se p a ra te ly ?
M r. S M I T H o f G e orgia .
T og eth er.
T h e P R E S I D E N T pro tem pore. T h e q u estio n is on ag re e in g
to the a m en d m en t o f th e S en a to r fr o m G e orgia.
M r. M c C U M B E R .
On th a t I a sk fo r th e y e a s an d nay s.
T h e y e a s an d n a y s w ere ordered.
M r. C U L B E R S O N .
I sh ou ld lik e to in q u ire w h e th e r each
am en d m e n t is d istin c t in its e lf— I w a s n ot co m p le te ly ab le to
h e a r th em w h en th e y w ere rea d — an d th e refo re d ivisib le .
T h e P R E S I D E N T pro tem p ore. T h e y are u n d o u b te d ly d iv is i
ble, b u t th e C h a ir a sk e d the S en a to r fr o m G e orgia wffiether
th e y shou ld be ta k e n to ge th e r a s one am en d m e n t, an d he re
plied in th e affirm ative.
O f course, upon th e d em a n d o f a n y
S en a to r th e y m a y be co n sid ered se p a ra te ly .
M r. C U L B E R S O N .
I f th e S en a to r fro m G e orgia h a s no p a r
tic u la r reason w h y th e y sh ou ld be co n sid ered to ge th e r, I shou ld
lik e to h ave th e m con sid ered se p a ra te ly .
M a r c h 11
T h e S e c re ta ry w ill read the
Provided, however, Tbat no one of the said special pensions contained
in this bill shall be paid to any one of the parties herein named until
the Pension Bureau has made investigation and found the said party
to whom the same is to be paid did not enter the service in considera
tion of a bounty or for a payment made to him to serve as a substitute •
and
M r. M c C U M B E R .
O n th a t I a sk f o r th e y e a s an d n a y s.
M r. T H O R N T O N .
I sh o u ld lik e to a sk the S e n a to r fro m
G e orgia w h e th e r th e re co rd sh o w s th a t th e p a r ty in th is case
a c tu a lly w a s in th e se rv ice o f th e U n ite d S ta te s ?
M r. M c C U M B E R .
T h e record s do n ot sh ow e ith e r affirm a
tiv e ly or n e g a tiv e ly upon th e q u estio n w h e th e r he ca m e in
u n d er a b o u n ty o r w h a t co n sid era tio n im p e lle d h im to jo in the
ra n k s o f the U n io n .
T h e P R E S I D E N T p ro tem p ore.
T h e q u estio n is on ag reein g
to th e first am en d m e n t p roposed b y th e S en a to r fr o m G eorgia,
on w h ich th e y e a s an d n a y s h a v e been ord ered . T h e S e c re ta ry
w ill ca ll the roll.
M r. C U L B E R S O N .
B e fo r e th e ro ll is ca lle d , I w ill a s k the
S en a to r fro m N o rth D a k o ta an a d d itio n a l q u e stio n to th a t su g
g e ste d by th e S en a to r fr o m L o u is ia n a , an d th a t is w h e th e r 'th e
record s o f th e P en sio n Office a n sw e r th e in q u iry w h ich is con
ta in e d in th is a m e n d m e n t?
M r. M c C U M B E R . I d o n o t th in k th e re co rd s o f th e P ension
Office w o u ld sh ow th a t.
T h e P R E S I D E N T pro tem p ore. T h e S e c re ta ry w ill proceed
w ith th e c a ll o f th e roll.
T h e S e c re ta ry p roceed ed to c a ll th e roll.
M r. B U R N H A M (w h e n h is n a m e w a s c a lle d ). I h a v e a gen
e ra l p a ir w ith th e S e n a to r fr o m M a r y la n d [M r . S m i t h ]. I f p e
jvere p resen t, I wrnuld vo te “ n a y .”
M r. C L A R K o f W y o m in g (w h e n h is n a m e w a s c a lle d ).
I
a v e a ge n e ra l p a ir w ith th e se n ior S e n a to r fr o m M is s o u r i [M r .
tone ].
I tr a n s fe r th a t p a ir to th e ju n io r S e n a to r fr o m N o rth
akota [M r . G ro n n a ], and vote “ n ay.”
M r. G U G G E N H E I M (w h e n h is n a m e w a s c a lle d ).
I have a
gen era l p air w ith th e sen ior S en a to r fr o m K e n tu c k y [M r . P a y n ter ]. H e is n ot in th e C h a m b e r, so I w ith h o ld m y vote.
M r. G A R D N E R (w h e n th e n a m e o f M r. J ohnson o f M a in e
w a s c a lle d ). M y co lle ag u e [M r . J ohnson ] is n e c e ssa rily absent
fr o m th e S en a te on official b u sin e ss.
W e r e h e p resen t, h e w ould
v o te “ n a y ” on th is a m en d m e n t.
M il W I L L I A M S (w h e n h is n am e w as c a lle d ). I w is h to a n
nou n ce m y p a ir w ith th e sen ior S e n a to r fr o m P e n n sy lv a n ia
[M r . P e n r o s e ] ,
T h e ro ll call w a s concluded.
M r. L E A ( a f t e r h a v in g vo te d in th e n e g a tiv e ) .
H a s th e
ju n io r S e n a to r fr o m R h o d e I s la n d [M r . L ip p it t ] v o te d ?
T h e P R E S I D E N T p ro tem p ore.
T h e C h a ir is in fo r m e d th a t
he h a s not.
M r. L E A . I h av e a g e n e ra l p a ir w ith th e ju n io r S en a to r from
R h o d e Is la n d [M r . L i p p i t t ] .
T h e r e fo r e I w ith d ra w m y vote.
W e r e he p resen t, I sh ou ld vo te “ n a y .”
M r. D I L L I N G H A M ( a f t e r h a v in g v o te d in th e a ffirm a tiv e)
I d id n o t ob serve w h en I vo ted th a t th e sen ior S en a to r fro m
S ou th C a ro lin a [M r . T i l l m a n ] w a s n o t in th e C h a m b e r.
1
th e r e fo r e w ith d ra w m y vote, h a v in g a g e n e ra l p a ir w ith thnt
S en a to r.
M r. J O H N S T O N o f A la b a m a ( a f t e r h a v in g vo ted in the nega
tiv e .)
I w a s a b sen t fr o m th e S e n a te on co m m itte e service w hen
th e vo te w a s b egu n . I w is h to k n o w w h e th e r th e qu estion is on
b o th p rovisos.
T h e P R E S I D E N T p ro tem p ore. O n ly on th e first one.
M r . J O H N S T O N o f A la b a m a .
I w ill ch a n ge m y vo te fro m
“ n a y ” to “ y e a .”
M r. C R A W F O R D .
I w ish to an n ou n ce th a t m y colleagu e
[M r . G a m bl e ] is n e c e ssa r ily ab sen t.
H e h a s a sta n d in g pair
w ith th e ju n io r S e n a to r fr o m A r k a n s a s [M r . D a v i s ],
I f jay
co lle a g u e ivere p resen t, he w o u ld v o te “ n a y .”
M r. J O N E S .
I have a lr e a d y a n n o u n c e d t h e a b s e n c e o f m y
c o l l e a g u e [M r . P o i n d e x t e r ] .
I f h e w e r e p r e s e n t, h e w o u ld v o te
“ n a y ” o n th is a m e n d m e n t .
M r. C U M M I N S .
M y co lle ag u e [M r . K en y o n ] is n e ce ssarily
ab sen t. I f he w ere p resen t, h e w o u ld vo te , upon th is question
“ n a y .”
M r.
BORAH.
colleague [M r . H e y bu rn ] is absent on
I f he w ere present, he w ould vote “ nay.”
My
accou nt o f illness.
M r. M c C U M B E R .
I desire to s ta te th a t m y co lle a g u e [M r
W e r e h e p resen t, lie w o u ld v o te “ n a y .”
M r. B O R A H .
I d esire to a d d also th a t m y co lleag u e [M r
H ey bu rn ] is p a ir e d w ith th e S en a to r fr o m A la b a m a [M r
G ron n a ] is ab sen t.
B a n k h e a d ].
1912.
CONGRESSIONAL RECORD— SENATE.
M r. O L I V E R .
M y c o lle a g u e [ M r . Penrose] is n e c e s s a r ily
a b s e n t t o -d a y .
H e is p a ir e d w ith th e S e n a to r f r o m M is s is s ip p i
[M r . W illiam s ].
If m y c o lle a g u e w e r e p re se n t, h e w o u ld v o te
“ n a y .”
T h e r e s u lt w a s a n n o u n c e d — y e a s 1 2 , n a y s 4 7 , a s f o l l o w s *
Y E A S — 12.
Bacon
Bryan
Clarke, Ark.
Culberson
Gore
Johnston, Ala.
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burton
Chamberlain
Chilton
Clapp
Clark, W yo.
Crane
Crawford
Cullom
Cummins
Curtis
dii Pont
Foster
Gallinger
Gardner
Hitchcock
Jones
Kern
M artin, Y a.
Overman
Percy
N A Y S — 47.
Lodge
McCumber
McLean
Martine, N . J.
Myers
Nelson
Nixon
O’Gorman
Oliver
Page
Perkins
Pomerene
Simmons
Smith, Ga.
Swanson
Shively
Smith, Mich.
Smoot
Sutherland
Taylor
Thornton
To wnsend
W arren
W atson
Wetmoro
W orks
3137
m o v e to’ a m e n d , o n p a g e 1 4 , b y s tr ik in g o u t a ll o f lin e s 2 0 , 2 1 ,
2 2 , a n d 2 3 , th e c a s e o f S a m u e l B e a t t y .
T h e P R E S I D E N T p ro te m p o r e .
T h e S e c r e ta r y w u l re p o r t th e
a m e n d m e n t.
\
/
T h e S e c r i ; t a r y > - R tr ik e o u t lin e s 2 0 to 2 3 , in c lu s iv e , o n p a g e
1 4 , in th e fo llo w in g w q j d s :
hirfi
The name of Samuel B e a t t y .la t e first lieutenant Catnpan
y him a
egiment Pennsylvania Reserve&s^olunteer Infantry, a n '
w receiving.
ension at the rate of $24 per mon
lieu of that he Isf*
T h e a m e n d m e n t w a s a g r e e d to
M r. B R Y A N .
M r . P r e s id e n t, I o ffe r
n d to th e d e s k .
T h e P R E S I D E N T p ro te m p
The
fa te d .
The Secretary.
A jn p u & T b y
meudment, which I
am en
nt will be
striking out lines 20, 21,
nil
'23, on p a g e 5, t h j ^ f e l l o w i u g w o r d s :
The
iuW M . Cox, late of Coniparil
-fourth Reg
m f n y j J 'W '" " V^liinte"!* Infantry, and pay him a pension'
the rate of
per month in lieu of that he is now receiving.
T h e P R E S I D E N T p ro te m p o r e .
T h e q u e s tio n i s on a
to th e a m e n d m e n t p ro p o se d b y t h e S e n a to r f r o m F lo r id a .
Gronna
Lorimer
Richardson
M r . B R Y A N . I a s k th e S e c r e ta r y to re a d w h a t a p p e a r s in
Guggenheim
^ e w la n d s
Root
r e p o r t iu t h i s c a s e , f o u n d on p a g e 1 2 o f R e p o r t N o . 2 0 5 .
Heyburn
IfO w en
Smith, Md.
Johnson, Me.
l ’aynter
Smith S. C.
T h e P R E S I D E N T p ro te m p o r e . T h e S e c r e ta r y w ill r e a d th e
Kenyon
Penrose
Stephenson
p a r t in d ic a te d b y th e S e n a to r f r o m F lo r id a .
La Follette
Poindexter
Stone
T h e S e c r e ta r y r e a d a s f o l l o w s :
Lea
Rayner
Tillman
Lippitt
Reed
AVilliams
S. 562. Francis M. Cox, of Orting, W ash., served as a private in
Company B, Forty-fourth Regiment Indiana Volunteer Infantry, from
S o th e a m e n d m e n t o f M r . S m i t h o f G e o r g ia w a s reject*
February 4, 1865, to September 14, 1865, and was honorably discharged,
T h e P R E S I D E N T p ro te m p o r e .
T h e q u e stio n n o w is | u p o n
lie is a pensioner at $20 nor month under the service act of February (i,
1907. lie never filed a claim under the general law, but formerly drew
secon d p r o v is o o ffe r e d b y th e S e n a to r f r o m G e o r g ia .
$ 12 per month under the act of June 27, 1890, granted him on account
M r . S M I T H o f G e o r g ia .
I w it h d r a w th e se co n d p drtil
of total inability to earn a support by manual labor.
The testimony
th e a m e n d m e n t, w it h th e c o n se n t o f th e S e n a te , a n d I w ij
shows that claimant is about 80 years of age, and that he is broken
o ffe r a n o th e r a m e n d m e n t.
down from piles, hernia, and general and senile debility, and is wholly
unable to earn a living by manual labor. I t further appears that he is
The
P R E S ID E N T
p ro
te m p o r e .
W ith o u t
o b je c tio n ,
w ithout property or means and is entirely dependent upon his pension
a m e n d m e n t w ill b e c o n sid e r e d a s w ith d r a w n , and. th e a m e l
for support. On account of his age, poverty, and total disability your
m e n t n o w s e n t to th e d e sk w ill b e re a d .
committee recommend increase of pension to $24 per month ; his serviJe
The Secretary.
I t is p r o p o se d to a d d , a t t h e ,% i d o f th e bill,’ ' .w a s little more than seven months and no greater increase is warraniwl.
th e f o llo w in g p r o v is o :
*
th e vcpoi
is
Provided, That after the passage of this hill it s la ll he the duty of
ban
a n en
............,
the Pension Bureau to investigate the record o f/e a c h party named
loody
seven,
therein, and if it is found from the records of th e /A rm y or Navy that
A ppob a ttle
any party therein named failed to have an honorable discharge then
the name of such party shall thereafter he stricken and he shall no
rfare.
longer receive any benefit from said bill.
, has
H e,
M r . M c C U M B E R .- I d o n o t k n o w -w hether th e S e n a to r is
serv a w a r e o f th e f a c t th a t n o n a m e s c o u ld b e /p la c e d u p on th e p e n
sio n r o ll a t a ll unle.®^ th e s o ld ie r s h a d d a d a n h o n o r a b le d is
ch a rg e.
T h a t is th e ^ e x istin g la w .
T fe b ill a p p lie s o n ly to
th o s e w h o h a v e h a d a m h o n o r a b le d is c h a r g e .
M r. S M I T H o f G e o r g V .
B u t I c o u i / n o t te ll, M r . P r e s id e n t,
fi'o m lo o k in g a t th e b ill w h e t h e r it n / s n o t t h e p u r p o s e o f th e
b ill in so m e in s t a n c e s t o \ r e m o v e d e b i l i t i e s a n d to g iv e p e n
s io n s to m e n w h o d id n o t \ a v e h o n o ^ n b le d is c h a r g e s .
M r. M c C U M B E R .
N o ; i \ a n y c a /e w h e r e th e r e is a q u e s tio n
a b o u t th e p a r t y h a v in g b e e b h o n /r a b l y d is c h a r g e d i t g o e s to
th e C o m m itt e e on M i li t a r y A r f c u r s /a n d n o t to th e C o m m itt e e on
P e n s io n s , a n d th e e x -s o ld ie r ch u ld n o t b e p la c e d u p on th e p e n
sio n r o ll u n le s s h e h a d r e c e i v e d ^ n h o n o r a b le d is c h a r g e .
I f th e
S e n a to r w ill lo o k a t th e f i r s t A l a u s e o f th e b ill h e w ill se e
tb a n
t h a t it r e a d s :
/ \
>d b y
n d erT hat the Secretary of the Interior he, and he is hereby, authorized
s s is
and directed to place on the pension ro\, subject to the provisions and
m mtutions of the pension la w s /—
\
NOT VO T IN G — 3 2 .
Bailey
Bankhead
Burnham
Davis
Dillingham
Dixon
Fletcher
Gamble
O n e o f th e p r o v is io n s a n / li m i t a t i V i s o f th e p e n sio n la w s is
th a t th e c la i m a n t m u s t h a r e a n lio n o iV b le d is c h a r g e .
M r . S M I T H o f G e o r g i a / M a y I a s k \ th e S e n a to r a q u e s tio n ?
T h e P R E S I D E N T p ro hem pore.
D o e s V h e S e n a to r f r o m N o r th
D a k o ta y ie ld f o r a q u e s tio n ?
M r. M c C U M B E R .
C e r t a in ly .
I w a s th ro u g h
M r . S M I T H o f G e o r g ia .
T h e n , in points o f f a c t , th e r e is n o t
n m a n w h o se n a m e is ©n th is li s t w h o is h a v in g in a n y w a y th e
d e fe c t o f a n h o n o ra b le' d is c h a r g e c u r e d , b u t \ v e r y o n e on th is li s t
b u s r e c e iv e d a n h o n o r a b le d is c h a r g e .
M r . M c C U M B E R . / E v e r y o n e on t h i s l i s t r\ u st h a v e re c e iv e d
a h h o n o r a b le d is c h a r g e .
. M r . S M I T H o f G e o r g ia .
T h e n , M r . P r e s id e n t, I w ill n o t in
s is t u p on th e a m e n d m e n t.
I t is b e c a u se I d id n d t k n o w th e fa c t ,
a u d I w a s s tr u c k w ith th e siz e o f so m e o f th e te n s io n s , t h a t I
w a n te d to r a is e tlie q u e stio n .
I w ith d r a w th e piViposed a m e n d
m e n t.
>
\
T h e P R E S I D E N T p ro te m p o r e .
T h e a m e n d m e n t is w i t h
d raw n .
T h e b i l l 'i s s till a s in C o m m itte e o f th e W lid je a n d op en
to a m e n d m e n t.
M r. M c C U M B E R .
S in c e w e h a v e b een d is c u s s in g th is m a tte r
I h a v e re c e iv e d n o tic e o f a n o th e r d e a th o f o n e o f th e c la im a n ts ,
w h ic h c o m p e ls m e to a s k f o r a f u r t h e r a m e n d m e n t.
I th e r e fo r e
■
[M r .
3 one
th a t
legisstio n
b e fo r e I w a s a s k e d a n o th e r q u e s tio n .
I d o n o t c la im , M r . P r e s i d e n t t h a t t b X c a s e o f M r . A n g e l is
t y p i c a l ; I d o n o t c la im th a t tills c a s e is t y W c a l ; b u t I d o c la im
t h a t th e r e a r e a n u m b e r in c y fd e d in th e o m n ib u s b ill S a t u r d a y
a n d in th is o m n ib u s b ill t o -d a y o f s e r v ic e d u r in g th e a c tu a l c o n
tin u a tio n o f th e w a r o f tra in 4 0 to 5 0 o r GO d ay s
W i t h o u t t a k in g u p tlie tim e o f th e S e n a te t^ S p ffe r a n o th e r
a m e n d m e n t, I sh a ll u s e ,t h e a m e n d m e n t I in ten d e d to o ffe r a f t e r
t h i s o n e is v o te d d o w n , f o r th e p u rp o s e o f illu s t r a m ig ^ t h a t th e r e
a r e o th e r c a s e s h e r e . #
A
O n p a g e 6 o f th e b ill a n d on p a g e 1 3 o f th e r e p o r t o f ru e c o m
m it te e i t is s h o w n i l i a t M r . A lo n z o L . B a k e r enliste\l F e V u a r y
1 4 , 1 S 6 5 , a n d t h a j f h e w a s h o n o r a b ly d is c h a r g e d S ex te rn b e V 2 0 ,
1 S 6 5 ; t h a t he, t / o , h a s d r a w n a b o u t $ 3 ,4 0 0 ; t h a t lift w a s \ o t
in ju r e d b y r e a s /n o f h is s e rv ic e to h is c o u n t r y ; t h a t % is o id
G5 y e a r s o f a g f ; y e t t h a t h e , n e v e r th e le s s , a ls o is to b e . sin g led ^
o u t a n d m a d / a n e x c e p tio n o f a n d m a d e th e b e n e lick try o f
s p e c ia l p e n s i /n le g is la tio n .
M r . P r e s id e n t, a f e w m o m e n ts a g o a re q u e s t w a s m a d e b y
th e c h a ir m a n o f th e c o m m itte e f o r th e y e a s a n d n a y s to d e te r
m in e w h e th e r o r n o t w e w o u ld u n d e r ta k e to e lim in a t e fr o m th e
p e n sio n f o i l th e b o u n ty ju m p e r .
T h e S e n a te b y a n o v e r w h e lm
in g v o te d e c id e d it w o u ld n o t d o so.
O n S a tu rd a y I ask ed fo r
th e y e a s a n d n a y s so a s to d e te r m in e w h e th e r o r n o t th e n a m e
i
CONGRESSIONAL RECORD— SENATE.
so ld ie rs ge n e ra lly , it d oe s seem to m e th a t a t le a s t S en a to rs
o u g h t n ot to o b je c t to h a v in g th e m se lv e s so record ed in th e
C o n g r e s s io n a l R e c o r d .
T h e r e fo r e on th is vo te I ask fo r th e
y e a s an d nay s.
M aecbt l i ,
W
field ‘ artillery and* 37 battle flag*
lost a color, ^and
S E ?
v
° ’ 1M5- »
yo,u have caP tj/e d 46 piece
M r. S M I T H o f M ic h ig a n .
M r. P re sid en t, a g re a t d eal h a s
M r. P re sid en t, S ou th ern so ld ie rs d id no
p a r t w ith b a ttle
been said by th e S en a to r fr o m F lo r id a a b ou t th e w ar being
fla gs w ith o u t a fig h t; th ese g lo rio u s emblei
p f th e ir p row ess
o v er b e fo re th e se la te r e n listm e n ts took p la ce in 1865. W ith o u t
o fte n ta tte re d an d torn an d fa d e d , s till lu
th e liv in g so ld ie rs
a n y in tention w h a te v e r o f re v iv in g u n p lea san t m e m ories, in fa c t,
o f L e e to b a ttle f o r d isu n io n even w h m f th e m a d d e n in g c u r
in a sp irit o f a d m ir a tio n an d o f th e h ig h est ap p reciation fo r
rent o f d is a s te r ran s tro n g ly a g a in s t t y e m ; an d I h a v e heard
th e ir g a lla n tr y an d v a lo r, an d p ra ise fo r the m en o f th e S outh
it said o f th e C o n fe d e r a te so ld ie rs t h y d e a th w a s a t a ll tim e s
w h o fo u g h t in th e rebellion, I say th a t it w a s v e ry difficult to
p re fe r a b le to d e fe a t.
S irs, you do th e m little h on or w hen yo u
co n vin ce th e m th e y h a d been w hipped, alth o u g h th ey m ade
sa y th a t th e re w a s no fierce r e s l s t y c e a fte r th e f a l l o f R ic h
little p erm a n e n t h e a d w a y a g a in st th e N o rth and g a v e w a y only
m ond.
a f t e r th e m o st stu b born re sistan ce . I am going to read, in ceT h e B a ttle o f D in w id d ie C o u r t/o u s e , F iv e F o r k s , and S a ilo rs
p ly to th e se sta te m e n ts o f southern S en a to rs, th e actu a l condi
C reek on A p r il 6 , w h ere 6 ,0 0 0 ^C onfederate so ld ie rs w ere cap
tio n o f a ffa ir s a s v iew ed by the co m m an der in c h ie f o f th e C on
tu red on th e w a y to Appomafcirox S ta tio n , an d th e ca p tu re o f
fe d e ra te A r m y m o re than tw o m o n th s a fte r th e e n listm e n t o f
th e su p p ly tr a in s inten d ed f o y L e e ’ s a r m y on th e L y n c h b u rg P ik e
th e men w h ose records a re being ca lle d in q uestion to-daj\
b y Gen. C u ster, c u ttin g ofy a p ossib le re tr e a t to L yn c h b u rg ,
I read an a d d re ss d elivered by Jefferso n D a v is in D a n v ille ,
h asten ed e ve n ts a t A p p o m a tto x an d b ro u g h t g r e a t cred it to the
Y a ., on A p r il 4, 1 S 6 5 :
U n io n a rm s.
D a n v il l e , Y a ., April i t, 1S G5 .
To the people o f the Confederate States of America:
I re fe r re d on S a tu r d a ^ to G en. C u ste r, a M ic h ig a n sold ier,
The general in chief of our army has found it necessary to make such an d h is C a v a lr y brigade, an d th a t h is u n q u en ch a b le v a lo r and
movements of the troops as to uncover the capital and thus involve
h is u n d y in g h e r o is m y n a y a lw a y s bloo m in th e p a r lia m e n ta ry
the withdrawal of the government from the city of Richmond.
a n n a ls o f th is d a y y f p ropose to re a d a le tte r w ritte n by Gen.
It would he unwise, even were it possible, to conceal the great moral
as well as material injury to our cause that must result from the occu
S h e rid a n to M rs . O u ster th e d a y fo llo w in g th e su rre n d e r o f the
pation of Richmond by the enemy. It is equally unwise and unworthy
a r m y o f L e e to t]te a r m y o f G r a n t :
of us, as patriots engaged in a most sacred cause, to allow our energies
to falter, our spirits to grow faint, or our efforts to became relaxed
A ppo m atto x Cou rth ou se,
under reverses however calamitous. While it has been to us a source
April 10, 1SG
5.
of national pride that for four years of unequaled warfare we have
Mv D ear M / dam : I respectfully present to you the small writing
been able, in close proximity to the center of the enemy’s power, to
table on whdli tbe conditions for the surrender of the Confederate
maintain the seat o f our chosen government free from the pollution of
Army of northern Virginia were written by Lieut. Gen. G ra n t; and per
his presence; while the memories of the heroic dead who nave freely
mit me to / i y , Madam, that there is scarcely an individual in our serv
given their lives to its defense must ever remain enshrined in our
ice who ltfts contributed more to bring about this desirable result than
h earts; while the preservation of the capital, which is usually regarded
your v e i ^ gallant husband.
as the evidence to mankind of separate national existence, was an ob
r y r e s p e c t fu l l y ,
P h i l . H . S h e r id a n .
ject very dear to us, it is also true, and should not be forgotten, that
M r q /G E N . C u s t e r ,
the loss which we have suffered is not without compensation.
For
Washington, D. C.
many months the largest and finest army of the Confederacy, under the
command of a leader whose presence inspires equal confidence in the
P re sid en t, I k now , o f course, th a t n o S en a to r on eith er
troops and the people, has been greatly trammeled by the necessity of
keeping constant watch over the approaches to the capital, and has
e w o u ld qu estion th e g a lla n tr y o f C u ster.
I k n ow th a t no
thus been forced to forego more than one opportunity for promising
en a to r on eith e r sid e w o u ld w ith h o ld th e j u s t m eed o f h on est
enterprise.
The hopes and confidence of the enemy have been constantly excited by the belief that their possession of Richmond w ouM .f p ra ise th a t is d u e to th e d efe n d e rs o f th e U n io n , no m a tte r
be the signal for our submission to their rule, and relieve them fr
w hence th e y ca m e or h o w lon g th e y served .
T h e ir serv ices
the burden of war, as their failing resources admonish them it must
m ig h t h a v e been g a lla n t an d heroic, even th o u gh th e y e n listed
abandoned if not speedily brought to a successful close. It is for
my countrymen, to show by our bearing under reverses how w
in th e v e ry la s t d a y s o f th e w a r . T h e s e la tte r d a y e n listm e n ts
lias becD the self-deception of those who have believed us less ahfe to
w ere in ob ed ience to th e ca ll o f P re sid e n t L in co ln .
O ne o f the
endure misfortune with fortitude than to encounter danger w ith/ cour
so ld ie rs w h o h a s been re ferre d to a s h a v in g serv ed b u t 4 7 d a y s
age. We have now entered upon a new phase of a struggle, the jnemory
of which is to endure for all ages and to shed an increasing lustier upon w en t im m e d ia te ly a fte r A p p o m a tto x w ith h is C a v a lr y co m ra d e s
our country
f
in to th e W e s t , w h ere th e y se rv ed in th e In d ia n w a rs.
Relieved from the necessity of guarding cities and particrflar points,
important but not vital to our defense, with an army ijree to move
I t is f a r fro m m y p u rp ose to e n k in d le a n y u n p lea san t
from point to point and strike in detail the detachments and garrisons
th o u g h ts in th e h e a r t or m in d o f a n y S en a to r on eith e r side
of the enemy operating on the interior of our own country, where sup
o f th e C h a m b er, an d y e t I re m in d th e S e n a to r fro m G eorgia
plies are more accessible, and where the foe will be far removed from
Ills own base and cut off from all succor in case of reverse, nothing is an d th e S en a to r fr o m F lo r id a th a t it is n o t en ou gh to sa y th a t
now needed to render our triumph certain but the exhibition of our own
b ecau se a m a n e n liste d in th e la s t d a y s o f th e w a r he d id not
unquenchable resolve. Let us but will it, and we are fre e ; and who,
ren d er g a lla n t an d co n sp icu ou s service, even th o u g h th e record s
in the light of the past, dare doubt your purpose in the future?
Animated by the confidence in your spirit and fortitude, which never m a y n o t sh o w th a t h e w a s w ou n d ed in b a ttle .
yet have failed me, I announce to you, fellow cqhntrymen, that it is my
M r. B R Y A N .
M r. P re sid en t-------purpose to maintain your cause with my whole heart and so u l; that
T h e P R E S I D E N T p ro tem p ore. D o e s th e S e n a to r fro m
I will never consent to abandon to the enemy one foot of the soil of
M ic h ig a n y ie ld to th e S en a to r fr o m F lo r id a ?
any one of the States of the Confederacy ;,That Virginia, noble State,
whose ancient renown has been eclipsed by J5er still more glorious recent
M r . S M I T H o f M ic h ig a n .
C e rta in ly .
history, whose bosom has been bared'to receive the main shock of this
M r. B R Y A N .
D o e s th e S e n a to r fr o m M ic h ig a n be liev e th a t
war, whose sons and daughters have exhibited heroism so sublime as to
render her illustrious in all times to^come— that Virginia, with the
it is e q u ita b le to ta k e m en w h o en liste d in F e b r u a r y o f 1865
help of her people and by the blessing’ of Providence, shall be held and
a n d e le va te th e m b y sp ec ial le g is la tio n ab ove th o se w h o served
defended, and no peace ever be mqoe with the infamous Invaders of
fo r one, tw o, th ree, an d fo u r y e a r s in th e C iv il W a r ?
her homes by the sacrifice of an jr of her rights or territory. If by
stress of numbers we should e v e rb e compelled to a temporary with
M r. S M I T H o f M ic h ig a n . M r. P re sid en t, I th in k th a t is a
drawal from her limits, or thosar of any other border State, again and
v e r y f a ir in q u iry , an d I w ill s a y to th e S e n a to r fr o m F lo rid a ,
again will we return, until the baffled and exhausted enemy shall
abandon in despair his endlesarand impossible task of making slaves of
in rep ly, th a t I w o u ld m u c h p re fe r to see it d one in som e other
a people resolved to be fre
an d m o re ge n e ra l w a y th a t w o u ld g iv e a ll th e n e ed y sold ie rs o f
Let us not, then, despond? my countrymen ; but, relying on the neverth e U n io n w h a t is th e ir h on est d ue fr o m th e G o vern m en t.
failing mercies and protecting care of our God, let us meet the foe with
N o w , th e S en a to r fr o m F lo r id a h a v in g ask e d m e a qu estion and
fresh defiance, with unc^Cquered and unconquerable hearts.
J e f f ’n D a v i s .
h a v in g been a n sw e re d , I w ill a s k h im -------M r. B R Y A N .
M r. P re sid en t, I su b m it I h a v e h a d no an sw e r
M r. P resid en t, Jr find no f a u lt w h a te v e r w ith h is op tim ism ,
y e t.
I a sk e d th e S e n a to r fr o m M ic h ig a n i f he th o u g h t it w a s
a lth o u g h I l i a ^ m l w a y s fe lt fr e e to critic ize th e p a tr io tis m o f
f a i r to do th a t, a n d h e h a s n ot a n sw e re d th e q uestion.
th e distingutelred p re sid en t o f th e C o n fe d era cy .
H e w a s m is
led , undgjikfedly, an d h a d hopes th a t w ere n o t ju s tif ie d ; b u t
th e w a r w as not over w hen J efferson D a v is m a d e th a t a d d re ss
to th e sou th ern people, w h o w ere d ism a y e d b u t e v e r d a u n tle ss
to th e v e ry h ou r o f fa te and w e n t to fin al d e fe a t w ith co lo rs
fly in g an d th e sm o ke o f b a ttle still h e a v y on th e fie ld ; an d it
is p erfe ctly p u erile fo r an y on e to sta n d in th is C h a m b e r an d
contend th a t C en. G r a n t b e fo re P etersb u rg a n d S h erid a n in th e
S h en an d oah V a lle y an d C u ster a t W a y n e sb o ro , a n n ih ila tin g
E a r ly ’ s entire a r m y in M a rc h , 1SG5, w ere n o t engaged in a
tita n ic and ro ya l b a ttle fo r fre ed om a g a in st a w o rth y fo e , but
w ere often d o u b tfu l o f victo ry .
Gen. C u ster issu e d a n a d d re ss
M r. S M I T H o f M ic h ig a n . T h e S e n a to r s a id “ e q u ita b le .”
M r. B R Y A N . W e ll, e q u ita b le an d ju s t.
M r. S M I T H o f M ic h ig a n .
I co n sid er th a t a n y th in g th a t is
d on e fo r a sold ie r is e q u ita b le i f it te n d s to re lie v e h is n ecessi
tie s an d ligh ten th e bu rd e n s o f life .
M r. B R Y A N . T h e S en a to r th in k s, then, it is j u s t to th e other
so ld ie rs w h o, f o r som e re a son <jr fo r no re a son a t a ll, do not
h a v e sp ecial leg is la tio n fo r th e ir benefit, a lth o u g h th e y m a y
h a v e serv ed d u rin g th e w h o le w a r, to le a v e th e m a s th e gen eral
la w le a v e s th e m , an d ta k e th e se 9 0 -d a y m ilit ia -------M r. S M I T H o f M ic h ig a n . O h , 9 0 -d a y --------
1912.
CONGRESSIONAL RECORD— SENATE.
M r. B R Y A N .
W e l l , t h a t is t h i s c a se , and. it is th e o n ly c a se
to w h ic h I h a v e r e fe r r e d — a n d e le v a te th e m a b o v e th e g r e a t
b o d y o f th e v e te r a n s o f th e U n io n A r m y ?
M r . S M I T H o f M ic h ig a n .
M r . P r e s id e n t, I w o u ld p r e fe r j u s t
a n d v g e n e r o u s g e n e r a l l a w s ; b u t w e h a v e fo u n d it im p o s s ib le to
S et \m ch le g is la tio n f o r th e m a ll.
I a s k th e S e n a to r f r o m
F lo r id a i f w e w o u ld v o te d o w n th e s e sp e c ia l b ills w o u lc l th e
S e n a to r f r o m F lo r id a jo in m e in th e p a s s a g e o f a g e n e r a l p e n
sio n lau\ c a lc u la te d to g iv e th e se v e te r a n s th e ir h o n e s t d u e, s u c h
a b ill, fo \ in s ta n c e , a s h a s r e c e n tly p a s s e d th e H o u s e o f R e p r e s e n ta t iv e s ta n d is n o w p e n d in g in th e S e n a te ?
M r. B R Y A N .
D o e s th e S e n a to r d e s ir e m e to a n s w e r th a t
q u e s tio n ?
M r . S M I T H , o f M ic h ig a n .
I d o.
M r. B R Y A N ,
M r . P r e s id e n t, I h a v e ta lk e d so m u c h a b o u t
p e n sio n le g is la tio n t h a t I su p p o se d a n y o n e w h o d e s ir e d to
k n o w m y v i e w s N f th e y a r e w o r th c o n sid e r in g , k n e w th e p o s i
tio n I h a v e ta k e n !- I s a y to th e S e n a to r f r o m M ic h ig a n t h a t I
w ill g o a s f a r a s \ e w ill to v o te p e n s io n s b a s e d u p on m e r i
to r io u s se r v ic e in t h a J I i v i l W a r a n d u p on n e e d . I w ill v o te f o r
a n y p e n sio n b ill th a t1 in c lu d e s th o s e tw o ite m s , b u t, in m y
,,
J u d gm en t, it is n o t p ro p p r le g is la tio n to v o te p e n s io n s to th o s e
w h o d o n o t n e e d th e m , ^ ^ o r is it p ro p e r to v o te p e n s io n s to
th o s e w h o e n lis te d b u t re n d e re d n o se r v ic e a n d s u ffe r e d n o
in ju r y b e c a u s e o f th e ir p a tr io t is m .
M r . S M I T H o f M ic h ig a n . 'A ir . P r e s id e n t, d o e s th e S e n a to r
f r o m F lo r id a in d ic a te b y h is p o s itio n t h a t h e w o u ld n o t v o te
to p e n s io n a s o ld ie r in th e U n i o ^ A i u n y w h o w a s n o t w o u n d e d
in a c tio n ?
M r . B R Y A N . I d id n o t s a y that/SVTr. P r e s id e n t
M r . S M I T H o f M ic h ig a n .
T h e S e n a to r s a y s “ m e r ito r io u s .
I s h o u ld lik e to k n o w w h a t h e m eansM >y “ m e r it o r io u s .”
How
d o e s h e d is tin g u is h b e tw e e n m e n w lio \ :o m p o s e d th e A r m y o f
th e U n io n ?
M r. B R Y A N .
I s a id , M r . P r e s id e n t, s t o l e tim e a g o t h a t I
b e lie v e d m e r it o r io u s se r v ic e a n d n e ed sh o u ld c o e x is t a s p re
re q u is ite to a p e n sio n , b u t b e c a u s e o f th e f a t t t h a t th e r e w e r e
th o s e n o w r e c e iv in g a id o f th e G o v e r n m e n t w n p c o u ld ill a ffo r
to h a v e t h a t a id ta k e n a w a y , I w o u ld v o te to p e n sio n th o s e w '
su ffe r e d n o in j u r y p r o v id e d th e y w e r e in n e e d o t p en sion .
M r . S M I T H o f M ic h ig a n .
W h a t sh o u ld b e th e ir n e c e ^ t y —
p o v e r ty ?
M r. R R Y A N .
Y e s , sir.
M r . S M I T H o f M ic h ig a n .
O ld a g e ?
M r . B R Y A N . D o e s th e S e n a to r fr o m M ic h ig a n
M r . S M I T H o f M ic h ig a n .
I f th e S e n a to r w iU ^ p e rm iY m e , I
bsive th e flo or.
W o u l d p o v e r ty a n d o ld a g e b e ^ re a so n s foi* v o t
in g p e n s io n s to so ld ie r s o f th e U n io n A r m y ?
M r. B R Y A N .
I th in k s o ; u n d o u b te d ly .
M r . S M I T H o f M ic h ig a n .
W o u ld p h ysiaffl a ilm e n t s , n o t P 1
h a p s th e r e s u lt o f w o u n d s , b u t e x p o s u r e ^ R e o n e o f th e re a son s'
M r. B R Y A N .
U n le s s d u e to th e s e r j f c e ; n o.
M r . S M I T H o f M ic h ig a n .
T h e y w o r ld n ot b e?
M r. B R Y A N .
T h e y w o u ld n o t JjK
S im p ly f o r th e re a so n
t h a t a m a n e n lis te d , a lth o u g h l i e /r e n d e r e d no a c tu a l s e rv ic e
a n d c a n n o t tr a c e a n y in ju r y t o ^ l i e w a r , I w o u ld n o t v o te to
g iv e h im a p e n sio n o r v o te fo r■ jf g e n e r a l b ill g iv in g h im one.
M r . S M I T H o f M ic h ig a n ,
M o o n e e ls e p r o p o se s to g iv e h im a
P ension i f h e d id no s e r v ic e y f m t a m a n m a y h a v e b een a m o s t
efficient s o ld ie r a n d n o t Inure b een w o u n d e d in b a ttle .
H e m ay
h a v e b een a m o s t cfiiciejjff so ld ie r w ith o u t h a v in g a h o s p ita l
record . H e m a y h a v e hjfen a m o s t g a lla n t s o ld ie r a n d n o t h a v e
su ffe re d g r e a t ly a t t liy ff im e , a n d y e t b e u n a b le b e c a u se o f t h a t
se rv ic e to w ith s ta n d y fr s e ffe c t u p on h is d e c lin in g y e a r s .
T h ere
a r e h u n d r e d s a n d G re u sa n d s o f m en w h o fo llo w e d B e e, a s th e r e
a r e th o se w h o fo llo w e d G r a n t, w h o w e r e n o t w o u n d e d , b u t th e
f a c t t h a t th e y E n c o u n te r e d th e lo n g m a r c h e s , th a t th e y m a y
h a v e su ffe r e d
A r m y p r is o n s , th a t th e y m a y h a v e been c a lle d
uPon to braw F s to r m s a n d tr ia ls , e n title s th e m to th e g e n e ro u s
co n s id e r a tio n o f th e G o v e r n m e n t th e y h e lp e d to sa v e .
M r . B R 1 P A N . D o e s th e S e n a to r f r o m M ic h ig a n a g r e e o r d oes
h e n o t E g re e w ith a f o r m e r C o n g r e s s m a n f r o m M ic h ig a n — I
h e lie v c y fie w a s fr o m M ic h ig a n , th e S e n a to r ’ s S ta t e — a n d w h o
h a s J jf e n p a s t g r a n d c o m m a n d e r o f th e G r a n d A r m y o f th e
■Reminbiic, in a s ta te m e n t -------- '
u*. S M I T H o f M ic h ig a n .
I r e c o lle c t w h a t th e S e n a to r s a id
S a tu r d a y .
,
„ . _
M r. B R Y A N .
T h a t o v e r 6 0 0 ,0 0 0 o f th e la t t e r -d a y e n lis te d
uien n e v e r s a w s e r v ic e , a n d th a t it is u n f a ir to p u t th e m on an
e q u a lity w ith th e v e te r a n s o f th e A r m y ?
M r . S M I T H o f M ic h ig a n . E v e n th o u g h th e y w e r e e x p o s e d to
th e r a in a n d th e sle e t a n d th e s n o w t h a t w e r e in c id e n ta l to
th e ir lo n g m a r c h e s a n d to o k u p on th e m s e lv e s a ll th e b u r d e n s
u ud d is c o m fo r t s o f w a r ?
M r . B R Y A N . B u t re c e iv e d no i n ju r y f r o m it.
3139
M r . S M I T H o f M ic h ig a n .
O h , M r . P r e s id e n t, m a n y a v o lu n
t e e r s o ld ie r h a s g o n e to a p r e m a tu r e g r a v e b y re a so n o f th e
lo n g m a r c h e s a n d th e s u ffe r in g h e e n d u r e d in th e S o u t h ; a n d
it w ill n o t d o to s a y , b e c a u s e h e h a p p e n e d to e s c a p e th e v i g i
la n c e a n d s k ill o f th e s h a r p s h o o te r a n d w a s n o t p ic k e d o ff b y a
s o u th e r n b u lle t , t h a t h e re n d e re d n o s e rv ic e o f d is tin c tio n to
h is c o u n tr y .
M r . M c C U M B E R . M r . P r e s id e n t-------T h e P R E S I D E N T p ro te m p o r e .
D o e s th e S e n a to r f r o m
M ic h ig a n y ie ld to th e S e n a to r f r o m N o r t h D a k o t a ?
M r . S M I T H o f M ic h ig a n .
I do.
M r. M c C U M B E R .
Mi*. P r e s id e n t, th e w a r c lo s e d n e a r ly 4 7
y e a rs ago.
I t h a s ta k e n u s, th e r e fo r e , n e a r ly 4 7 y e a r s to le a rn
t h a t th e b a s is o f o u r p e n s io n s y s t e m h a s beeij w r o n g in e v e ry
re s p e c t. A l l o f o u r p e n s io n le g is la tio n , b a s e d u p o n s e rv ic e , h a s
r e c o g n iz e d th e s ta n d a r d o f 9 0 d a y s ’ s e r v ic e t o e n tit le th e so ld ie r
to th e c o n s id e r a tio n o f h is c o u n tr y .
U m T in til th e p r e s e n t tim e
w e h a v e n o t c h a n g e d th a t la w . A m m r w l i o s e rv e d 9 0 d a y s h a s
d u r in g a ll th e s e y e a r s r e c e iv e d e x a c t ly a s m u c h f o r a g iv e n
c o n d itio n a s th e m a n w h o s e a r e d d u r in g th e e n tir e w a r .
M r . P r e s id e n t , th e r e m u s t h a ^ T b een s o m e th in g in t h a t b a s is
o f p e n s io n th a t a p p e a le d eitirer to th e A m e r ic a n p e o p le o r to
th e s o ld ie r s w h o a r e in te r e s te d , or it w o u ld h a v e b e e n m o d ifie d
a n d d is p o s e d o f v e r y m a u y y e a r s a g o.
M r. B R Y A N .
M r . R e s i d e n t -------T h e P R E S I D E N T V to te m p o r e . D o e s th e S e n a to r f r o m N o r t h
D a k o t a y ie ld to t h ^ B e n a t o r f r o m F lo r id a ?
M r. M c C U M B E R .
I y ie ld .
M r . B R Y A N r D o e s th e S e n a to r fr o m N o r t h D a k o t a c la im
t h a t p r io r toreh e a c t o f J u n e 2 7 , 1 8 9 0 , th e r e w e r e a n y p e n s io n s
p a id to t h j^ e w h o c o u ld n o t tr a c e i n ju r y to th e ir s e r v ic e in th e
w ar ?
M i\ J fT c C U M B E R .
I m e a n to s a y t h a t s in c e th e w a r c lo s e d a
S iv ^jr c o n d itio n h a s a lw a y s b e e n th e b a s is o f th e p e n sio n
g i j f f t e d — th e c o n d itio n o f th e s o ld ie r — t h a t s e r v ic e o r le n g th o f
v ice w a s n e v e r ta k e n in to c o n s id e r a tio n -------M r. B R Y A N .
B u t i n ju r y w a s .
M r. M c C U M B E R .
A n d t h a t s in c e J u n e 2 7 , 1 8 9 0 , w h e n w e
p a s s e d th e p e n s io n b ill o f t h a t d a te , u p u n til th e p re s e n t tim e ,
th e r e h a s b e e n n o d e m a n d t h a t w e s h o u ld re c o g n iz e a d iffe r e n t
s ta n d a r d th a n th e s ta n d a r d o f 9 0 d a y s ’ se rv ic e .
M r. B R Y A N .
P r io r to 1 8 9 0 th e b e n e fic ia r y h a d to tr a c e h is
i n ju r y to th e s e r v ic e b e fo r e h e c o u ld b e e lig ib le to re c e iv e a
p e n s io n ?
M r. M c C U M B E R .
U p u n til 1S90.
M r . B R Y A N . T h e n it h a s n o t b een 4 7 y e a r s .
M r . M c C U M B E R . B u t i f p r io r to 1 8 9 0 a m a n lo s t a n a r m , he
w o u ld re c e iv e th e s a m e p e n s io n , w h e th e r h e s e r v e d o n e d a y o r
w h e t h e r h e s e rv e d d u r in g th e e n tir e w a r .
M r . B R Y A N . C e r t a i n l y ; i f h e w a s in ju r e d .
M r. M c C U M B E R .
C o n g r e s s h a s m a d e n o d is tin c tio n b e c a u s e
th e s e r v ic e o r ig in f o r w h ic h th e p e n s io n w a s g iv e n , n o r h a s
e c o g n ize d a n y th in g b u t 9 0 -d a y s e r v ic e a s th e s ta n d a r d f o r
th ^ V gran tin g o f a s e r v ic e p en sio n .
is h to clo s e th is d is c u s s io n b e fo r e 4 o ’ clo c k , i f I c a n . T h e
S e n a t V h a s c r itic iz e d th is p a r tic u la r b ill. N o w , le t u s s e e w h a t
th e r e i \ i n th e b ill.
T h e S e n a to r e v id e n tly n o t o n ly d is a g r e e s
w ith t h e \ > u r e a u o f P e n s io n s a s to w h e n th e w a r clo se d , b u t lie
d is a g r e e s y d tli th e la w a s to w h e n th e w a r c lo se d . H e d is a g r e e s
w ith th e P r e s id e n t o f th e C o n fe d e r a c y a s to w h e n th e w a r
clo s e d , a n d N
d is a g r e e s w ith m y fr ie n d , th e S e n a to r fr o m
M ic h ig a n , a s t d t o h e n th e w a r clo se d , a n d w ith a ll th o s e a u t h o r i
tie s a g a in s t h iim k e s p e c ia lly th e a u t h o r ita tiv e s ta te m e n t o f th e
P r e s id e n t o f t h e V lo n f e d e r a c y a n d th e la w o f th e la n d , th e
S e n a to r o u g h t to a c t o i t th a t th e w a r d id n o t c lo s e A p r i l 9 , 1 8 6 5 .
M r. B R Y A N .
M i x V r e s i d e n t -------T h e P R E S I D E N T plto te m p o re . D o e s th e S e n a to r f r o m N o r t h
D a k o t a y ie ld to th e S e i \ o r f r o m F lo r id a ?
M r. M c C U M B E R .
C e r V i n ly .
M r. B R Y A N .
I th in k afS er th e S e n a to r h a s m a d e t h a t s t a t e
m e n t h e o u g h t to a llo w m e
s u g g e s t to h im t h a t on S a t u r d a y
I s ta te d th a t I co n ce d e d t h a V t h e w a r w a s o ffic ia lly d e c la r e d
c lo s e d on A u g u s t 2 0 ,1 8 6 6 , b u t tlito , a s I h a d u n d e r s to o d , u n til th e
S e n a to r f r o m M ic h ig a n e s t a b li s h ^ ! h is r e p u ta tio n a s a h is t o r ia n ,
a n d th a t o f th e g r e a t th r e e d a y s ’ I V t t le a t A p p o m a t t o x , th e w a r
c lo s e d on A p r il 9 ,1 8 6 5 .
I w o u ld n o t Q u e s tio n th e a c c u r a c y o f h is
to r ia n s . B u t I w o u ld r a th e r q u e s tio V th e a c c u r a c y o f th e h is
to r ia n th a n to h a v e re m o v e d f r o m m y u\ind th e v iv id d e s c r ip tio n
o f th e g r e a t b a ttle o f A p p o m a t t o x o f tlito e d a y s ’ s ta n d in g .
So
I th in k it i s h a r d ly f a i r f o r th e S e n a to r arom N o r t h D a k o t a to
s u g g e s t th a t I h a v e tr ie d to m a k e it a p p e !\ t h a t th e w a r te c h
n ic a lly c lo se d p rio r to A u g u s t , I 8 6 0 .
T k n o \ it d id n o t ; a n d I
a m o f th e o p in io n t h a t th o s e s o ld ie r s w h o s e i\ e d a f t e r th e r e a l
r
CONGRESSIONAL RECORD— SENATE.
3140
figh tin g w a s o v er a ssu m e m o re th e a ttitu d e ojbtechnical sold iers
th a n o f real v e te ran s o f a g re a t w a r
i
M r. M c C U M B E R .
A t le a st w e h a v e th e record o f the M ichild w e have given a
\ gan c a v a lr y in th e C ongressional R ecord
and w e have done
\ g r e a t d e a l o f im m o rta lity to th e ir h istor
Jut I do not w ant to
s o m e good in the tim e w e h a v e ta k e n up.
Lt least
_________ it is all over
spend a n y m o re tim e upon th a t b a ttle .
n aw , an d I am re a d y n ow to get rig h t b a c f to th is case o f w hich
tlid. S e n a to r co m p la in s.
d lje S e n a to r s a y s the ap p lica n t se rv ed 4 7 d a y s, I think, or
so m eth in g o f th a t k in d , an d I notice th a t h e is now d ra w in g a
pen sion o f $ 2 0 a m o n th un d er th e a c t dr 1907. U n d e r th a t ac t
h e co u ld n o t d ra w a pension o f th a t rate per m on th u n le ss he
h a d been h eld to h av e served 9 0 d a y s. I I n loo k in g over the b r ie f
record I h a v e h ere I a lso ob serve t h a / he ob tain ed th e h igh est
p en sion — $12 a m o n th — un d er th e l f /) 0 la w . T h a t w a s som e
tim e ago. \ a co n sid erab le tim e a g o /l i e m a d e h is ap p lication
u n d er th e iXw o f 1890, a n d w a s rece iv in g under th a t la w the
h ig h e st pension th a t could be gra n ted , and th a t pensioii w ou ld
n o t h a v e b een gra n te d u n le ss t h e /d e p a r tm e n t fo u n d he w as
w h o lly physica\ly disabled.
M r. B R Y A N . V M r. P re sid en t
M r. M c C U M B E R .
J u st a m onfent. H e is a m a n 80 y e a rs
o f age, an d e v id e n tly h a s n ot v / r y m a n y y e a r s to live . T h e
report sh ow s t h a t 'h e is b r o k e n /d o w n fro m p iles, h ern ia , an d
general and sen ile cV h ility, an d / s w h o lly u n ab le to earn a liv
in g by m a n u a l la b o r ,v m d it fu r /h e r ap p e a rs th a t h e is w ith o u t
p ro p e rty or m e a n s a im is e n tire ly d ependent upon h is p ension
fo r su pport.
In v iew o f h is p /v e r t y an d gen eral d is a b ility the
co m m itte e re c o m m e n d e d \ m in /r e a s e o f $4 per m o n th .
We
ognizo th a t th e service w jis /h o r t .
H a d lie served a y e a r
ce rta in ly w ou ld h a v e give]
fm a t le a st $30 a m o n th upon
p h y sic a l sh ow in g.
N o w , th e S en a to r com pla g a good d eal a b o u t ou r giving
m an w h o serv ed 9 0 or G *
ly s th e sa m e am o u n t, und$
p riv a te pension bill, th a t
e g \ e one w h o served th e full,
y e a r s.
M r. B R Y A N .
N o . T h i t is h a V lly a fa ir sta te m e n t.
M r. M c C U M B E R .
I d ec lin e to H e ld , M r. P re sid en t.
T h e P R E S I D E N T p ip te m p ore.v T h e S en ator fror
N o rth
D a k o ta d eclin es to y ie
M r. M c C U M B E R .
tjfe h a v e to h a v \ th is c la im a n t b e fo re us
W e h a v e to, a s n e a r ly as w e can, look h im in th e f a te .
We
h a v e to u n d ersta n d h p p h y sic a l condition , an d i f h is P hysical
con dition is w orse tarin th a t o f one w li\ h as served oire y e a r
o r tw o y e ars, th e n / v e r y im p u lse o f h u m a n ity , c o u p le r w ith
th e sen se o f n a t i o i / l gratitu d e , d e m a n d s\ tlia t w e sh alk give
th is old, h e lp less, veteran , w h o served no lin g e r th a n f o \ r or
five m on th s, a g r e a /e r a m o u n t th a n w e w ouldAgive to a youJyger
one, w ho is still I n h is h ealth , w ho served -p ossib ly fo r s ix
m o n th s.
T h is co m m itte e is a co m m itte e th a t a c ts on th e equir_
side, an d so l o n g /i s w e recognize a se n tim e n t o f ge n e ro sity to
w a rd the o ld sold ier, so lon g a s w e fe e l th a t w e sh ou ld reco g
n ize him and hJs service, th a t se n tim e n t sh ou ld b e exp re sse d
in a m a n n er to flook first a fte r d e s t itu t io n ; an d w e can n ot do
th a t under a ghneral la w .
I f w e d id th a t, a n d g ra n te d eve ry
m a n a pensioii e x a c tly in accord an ce w ith h is j u s t d eserts,
m e asu red one /m a n w ith th e other, th e re w o u ld b e a s m a n y
d ifferen t s ta n d a rd s a s th e re a r e in d iv id u a ls upon th e pen sion
roll.
•|
So
e noFfiiug' a m iss Tm gCTTTftrty-4khL,oId
is s n
y e a r s o f ag e, $4 a m on th m ore fo r th e b a la n ce o f
ife th a n h e is re ce iv in g un d er th e p re sen t la w .
T h e P R E S I D E N T pro tem p ore. T h e qu estion is on ag re e in g
to th e a m en d m e n t offered by th e S en a to r fr o m F lo r id a [M r .
B r y a n ]. U p on th a t th e S en a to r fro m F lo r id a d em a n d s th e
an d n ays.
t
-eas an d n a y s w ere ordered.
M r. SMUUT: L5t 'tfie T m F n U n ltM bd
T h e Secretary . O n p age 5, strik e o u t lin e s 2 0 to 2 3 , in clu
siv e, re la tiv e to th e pension o f F r a n c is M . C o x.
T h e P R E S I D E N T pro tem pore.
T h e S e c re ta ry w ill c a ll th e
roll.
T h e S e c re ta ry proceeded to c a ll th e roll.
M r. D I L L I N G H A M (w h e n h is n am e w a s c a lle d ).
I ann ounce
m y general p a ir w ith th e sen ior S en a to r fr o m S ou th C a rolin a
[M r . T i l l m a n ] an d w ith h o ld m y / o t e .
M r. L E A (w h e n h is lhpne w a s ic a lle d ).
I h a v e a gen era l p a ir
w ith the ju n io r S en a to r Tfcom R h o d e Is la n d [M r . L ip p it t .]
As
I do n ot know h ow h e w oX jd ^ o te on th is q u estio n , I w ith h o ld
m y vote.
M r. J O N E S (w h e n M r. P'5o? dexter ’ s n a m e w a s c a lle d ) .
I
d esire to ann ounce th a t i f m y d^lleagu e [M r . P oindexter ] w ere
p resen t, he w ou ld vo te “ n a y .”
■
..
M M M B llB H
M
a k c ii
l i
-?
M r. W I L L I A M S (w h e n h is aft m e w a s c a lle d ) .
I a m paired
w ith th e sen ior S e n a to r f r o m /P e n n s y lv a n ia [M r . P enrose ],
if
h e w ere p re sen t an d I wcvejft lib e rty to vo te upon th is particu
la r am en d m en t, I w ou ld
“ n a y .”
T h e ro ll c a ll w a s conclud ed .
M r. G U G G E N H E I M jr I h a v e a gen era l p a ir w ith th e senior
S e n a to r fro m K e n tu c ffr [M r . P a y n t e r ], w h o is n o t here. So I
w ith h o ld m y v o '
M r. O L I V E R , iftly co lle a g u e [M r . F enrose ] is n e ce ssarily
absent. I f he w /r e p resen t, he -would vo te “ n a y .”
M r. C L A R y o f W y o m in g .
I h a v e a g e n e ra l p a ir w ith the
S en a to r f r o n ^ I i s s o u r i [M r . S tone ]. I tr a n s fe r m y p a ir to the
S en a to r fro^n N o rth D a k o ta [M r . G r o n n a ] and vo te “ n a y .”
M r. G A JK D N ER .
M y co lle ag u e [M r . J ohn son o f M a in e ] j s
necessaidffy a b sen t fr o m th e C h a m b e r.
W e r e h e p resen t, he
w ou ld ^ » t e “ n a y .”
1 A P P . I h av e a ge n e ra l p a ir w ith th e sen ior S en ator
L
f r o n y N o r t h C a ro lin a [M r . S im m o n s ].
N o t k n o w in g h ow he
w o i/fd vote, I w ith h o ld m y vote.
I f h e w ere p re sen t, I would
v o te “ n a y .”
/ M r. C U M M I N S .
M y co lle a g u e [M r . K e n y o n ] is a b s e n t
If
h e w ere here, he w o u ld v o te “ n a y .”
M r. C R A W F O R D .
I desire to again state a n d have the
statem ent stand fo r all fu tu re roll ca lls to-day that m y co l
league [M r . G a m bl e ] is necessarily absent an d that he lias a
gen era l pa ir w ith th e ju n io r S e n a to r from A r k a n s a s [M r
D a v is ].
colleagu e w ere present, he w ould v o t e '
oq > M ‘S''question.
T h e re su lt w a s a n n ou n ced — y e a s 4, n a y s 5 0, a s f o l l o w s :
Y E A S — 4.
Bryan
Martin, Va.
Smith, Ga.
Swanson
N AY S— 50.
Borah
Culberson
McCumber
Shively
Cullom
Bourne
McLean
Smith, Mich.
Bradley
Cummins
Martine, N. J.
Smoot
Curtis
Brandegee
Myers
Sutherland
Briggs
du Pont
Nelson
Taylor
Foster
Bristow
Nixon
Thornton
Brown
Gallinger
O’Gorman
Townsend
Burton
Gardner
Oliver
Warren
Hitchcock
Chamberlain
Overman
Watson
Johnston, Ala.
Chilton
Page
Wetmore
Clark, Wyo.
Jones
Perkins
Works
Kern
Clarke, Ark.
Pomerene
Lodge
Root
Crawford
Bacon
Bailey ..
Bankhead
Burnham
Clapp
Crane
Davis
Dillingham
Dixon
Fletcher
NOT VOTING— 37.
Lorimer
Gamble
Newlands
Gore
Owen
Gronna
Paynter
Guggenheim
Penrose
Heyburn
Percy
Johnson, Me.
Poindexter
Kenyon
Rayner
La Follette
Reed
Lea
Richardson
Lippitt
Simmons
Smith, Md.
Smith, S. C.
Stephenson
Stone
Tillman
Williams
J*
F
So Mr. B r y a n ’ s am endm ent w as rejected.
s e r v ic e
p e n s io n s .
M t M fh T H tB F.Tl,
I a s k th a t th e u nfinished b u sin e ss be la id
b e fo re th e S enate.
T h e P R E S I D E N T p ro tem p ore. T h e h o u r o f 4 o ’clock h a v in g
arriv e d , th e C h a ir la y s b e fo re th e S en a te th e u nfinished b u si
ness, w h ic h is H o u s e b ill 1.
T h e S en a te , a s in C o m m itte e o f th e W h o le , p roceed ed to con
sid er th e b ill ( H . R . 1 ) g r a n tin g a se rv ice p en sion to ce rtain
defined v e te ra n s o f th e C iv il W a r an d th e W a r w ith M ex ico .
M r. M c C U M B E R .
T h e b ill h a s n o t been re a d .
T h e P R E S I D E N T p ro tem p ore.
T h e S e c re ta ry w ill read the
T h e S e c r e t a r y A T h e C o m m ittee on P e n sio n s p rop oses to
s trik e o u t a ll a f te r V h e e n a c tin g c la u se an d in s e rt-------M r. W I L L I A M S . V sh ou ld lik e to a s k th e S e n a to r fr o m N o rth
D a k o ta a q u estio n b \ fo re th e re a d in g . W h a t b ill is th is ?
is
th is th e so-calle d M cdknnber b ill or is it th e S h erw o od b ill?
M r. M c C U M B E R . \ t is th e S h erw o od b ill am end ed b y a
su b stitu te , w h ic h w a s fh e p a r e d b y th e co m m itte e.
M r. W I L L I A M S .
I t \ s g e n e ra lly k n ow n in th e p re ss a s the
M c C u m b e r b ill, is i t n o t ;
M r. M c C U M B E R .
It
ieems to be k n ow n u n d er several
n a m es.
M r. O V E R M A N .
I t is
le S h e rw o o d b ill th a t is up, w ith
th is a s a n am en d m e n t.
M r. M c C U M B E R .
A subsi [u te fo r th e S h erw o o d b ill,
M r. O V E R M A N .
T h e S lier ip o d b ill is up, a n d th is is a su bs titu te offered f o r it.
M r. M c C U M B E R .
Y es.
T h e P R E S I D E N T p ro te m p or< \ T h e C h a ir w o u ld sta te fo r
th e in fo r m a tio n o f th e S en a te tlia ^ it is a H o u s e b ill w h ich is
1912
1912.
CONGRESSIONAL RECORD— SENATE.
EEC0KD— SENATE
B y M r. B R O W N :
, A b ill ( S . 5 S 0 6 ) to c o r r e c t t h e n a iT l re c o rd o f F r a n k lin P ie r c e
a
( w it h a c c o m p a n y in g p a p e r )
to th e C o m m itt e e on N a v a l A ff a ir s .
A Wijjl ( S . 5 S 0 7 ) g r a n t in g a n in c r e a s e o f p e n sio n to T h e o d o r e
H . W i % m ; to th e C o m m itt e e on P e n sio n s.
By M \ JO N ES
A b ill \ s . 5 S 0 S ) g r a n t in g a r ig h t o f w a y a c r o s s P o r t D i s
c o v e ry B a \ l J n i t e d S t a t e s M i li t a r y R e s e r v a tio n to t h e ’ S e a ttle ,
P o r t A n g e le S ^ c L a k e C r e s c e n t R a i l w a y o f th e S t a t e o F W a s h i n g
ton
to th e C o m m itt e e on M i li t a r y A ff a ir s .
B y M r. C R A W F O R D
A b ill ( g . 5SC?3>i g r a n t in g a n in c r e a s e o f pisnsion to S o p h ia
B y a n ( w i t h a c c o im ia n y in g p a p e r )
to th e i€k>m m ittee on P e n
sion s.
;
:
;
:
;
O
k
/
8183
a s to j u s t th e t im e t h a t h e s h a ll t a k e f o r th e r e p o r t.
I /le a v e
t h a t to h is o w n d is c r e tio n .
M r. G A L L IN G E R .
I h a v e n o tic e d t h a t in c o n se q u e n c e o f th e
g r e a t s t r ik e t h a t is n o w o n in G r e a t B r it a i n a n d in J f r a n c e a n d
in G e r m a n y , to s o m e e x te n t, th e p r ic e s o f th o sa ?*c o in m o d itie s
h a v e ris e n v e r y g r e a t ly d u r in g th e l a s t tw o o r
w eek s.
M r . C U M M I N ^ ., I h a d n o t, o f c o u rse , in it ia le d to ta k e in to
a c c o u n t th o s e e x t i 'a o ^ d in a iy flu c tu a tio n s .
M r. G A L L IN G E R .
a s s u m e th a t u A w i a l l g e t o n ly a p p r o x i
m a te i n f o r m a t io n a t b e l t , h u t I th in h ^ r h a t is v e r y v a lu a b le .
I
d id n o t r is e to o b je c t to th e re so lu h ^ m a t a ll.
T h e r e s o lu tio n w a s considet|gP* b y u n a n im o u s c o n s e n t a n d
a g r e e d to .
'I
.dF >
(S; ^00.
WATER RIGHTS I]^J#AWAII
NO. 403).
M r. W A R R E N .
I askgJSThave p rin te ii asm. d o c u m e n t c e r ta in
B y M r. B R A N D E G B E :
j f
A b ill (S. 5 8 1 0 ) f o r o t e r e lie f of. ,th e e s ta te o f A n d r e w C.
p a p e r s w h ic h I se n d u r i n e d e sk .
T h e y a re ' fr p m th e W a r D e
N a s h ; to th e C o m m itt e e I m C l a i m s . , ,
p a r tm e n t, r e s p e c t im ^ f n e so u r c e o f th e w a te r s u p p ly f o r c e r ta in
A r m y p o s ts in th u ^ H a w a iia n I s la n d s .
B y M r. G A L L I N G E I l
A b ill ( g . 5 S 1 1 ) r e la t in g i \ i i r e in s u r a n c e c o m p a n ie s in th e
T h e P R E S I M £ ? N T p ro te m p o r e .
T h e o r d e r w ill b e e n te re d ,
w ith o u t o b je c tio n .
D is t r ic t o f C o lu m b i a a n d
ok
A b ill ( g . 5 8 1 2 ) to p r o v id e fo r^ U ie r e g u la tio n a n d in c o r p o r a riLpf^TING O PARCEL-POST BILLS (S. D C NO. 430).
F
O.
P ° n o f in s u r a n c e c o m p a n ie s h u d to ^ r e g u la te t h e tr a n s a c tio n o f
M r. C r n R K E o f A rk a n sa s.
I a s k u n a n im o u s c o n s e n t to h a v e
in s u r a n c e b u s in e s s in th e D i s t r i c t o f A E o lu m b ia to th e C o m m it
p rin tjM jrrogeth er, a s a g e n a te d o c u m e n t, c o p ie s o f a ll p r in t s o f
tee on th e D i s t r i c t o f Colja'm bia.
b illj^ m o w p e n d in g in b o th H o u s e s f o r th e e s ta b lis h m e n t o f a
A b ill ( g . 5 8 1 3 ) to g i v e p r e fe r e n c e in u n c i v i l se r v ic e to th o s e
parr-el p o st.
P erson s w h o h a v e b e e n -'lio n o r a b ly d isch a rls& l f r o m th e m ilit a r y
. / T h e P R E g I D E N T p ro te m p o r e .
W i t h o u t o b je c tio n , it w ill be
e r n a v a l se r v ic e o f th d U n it e d S t a t e s to th e ^ & m im it te e on C iv il
;*so o r d e r e d .
S e r v ic e a n d R e tr e n c h m e n t.
SEMINOLE PATENTS S. D C NO. 405
O.
B y M r. W A T S O N :
M r. O W E N .
1 p r e s e n t c e r ta in p a p e r s r e la t in g to p a te n t s to
A b ill ( S . 5 S L 4 ) to p r o v id e f o r th e e re c tio n o f l l y m b l i c b u ild
la n d s o f th e S e m in o le In d ia n s .
I m o v e t h a t th e p a p e r s be
in g a t C h a r le s T o w n , W . V a . to th e C o m m itt e e on P u b lic B u ild
p r in te d a s a p u b lic d o c u m e n t a n d r e fe r r e d to th e C o m m itte e on
in g s a n d G r o u n d s.
I n d ia n A f f a ir s .
B y M r. P O M E R E N E :
T h e m o tio n w a s a g r e e d to .
A b ill ( S . 5 8 1 5 ) g r a n t in g a p e n sio n to C a th e r in e H u b e r ; to
COTTON-MILL LIFE IN NORTH CAROLINA.
th e C o m m itt e e on P e n sio n s.
B y M r. W A R R E N
\M r. O V E R M A N .
I a s k to h a v e p r in te d in th e R ecord a n e x
A b ill ( S . 5 8 1 6 ) g r a n t in g a n in c r e a s e o f p e n sio n to H e n r y PI.
tr a c t f r o m th e G r e e n s b o r o N e w s o f M a r c h 9 c o n ta in in g le tte r s
I lo U h e n s t i n o ;
th e
.u a i i i U i li i H i s i w t s ..
.
______ '
f r o n i so m e c o tto n -m ill h a n d s e m p lo y e d in th e m ills a t G r e e n s B y M r. O T T E X
, b oro, aN . C .
A j o i n t re s o lu tio n ( S . J . R e s . 8 5 ) r e la t iv e to p a te n ts to
T li e N l’ R E S I D E N T p ro te m p o r e .
T h e S e n a to r fro#n N o r t h
a llo tte d la n d s in th e S e m in o le c o u n tr y , a n d f o r o th e r p u r p o s e s ;
C a r o lim K a s k s to h a v e p r in te d in th e CongbessionaeJ$Iecord a
and
p a p e r w liV h h e s e n d s to th e d e s k . W i t h o u t o b je c t i o n it w ill be
A j o i n t r e s o lu tio n ( S . J . R e s . 8 6 ) r e la t iv e to th e d e liv e r y o f iso o r d e r e d X
p a te n ts to a llo t te d la n d s w ith in th e li m i t s o f th e F i v e C iv iliz e d
T h e m a tte W r e fe r r e d to is a s f o llo w s
T r ib e s , a n d f o r o th e r p u r p o s e s to th e C o m m itt e e on In d ia n
COTTON-MILL LIFE.
A ffa ir s .
The Daily Newk some days ago expressed itself in retard to the slan
: V
W
;
;
\
;
O
t
X.
(
).
;
to
:
C
<
:
i
AMENDMENTS T R
O IVER AND HARBOR BILL.
^
M r.
p r o A 'id itt^ to r th e
su r v e y o f th e S t. J o h n s R iv e r f r o m th e o u tle t o f L a k e H a r n e y
L alck , W a s h in g t o n , F la ., e tc ., in te n d e d to be p ro p o se d b y h im
to th e riv%^ a n d h a r b o r a p p r o p r ia tio n b ill (PI. R . 2 1 4 7 7 ) , w h ic h
w a s re ferre ftv to th e C o m m itt e e on C o m m e r c e a n d o r d e r e d to be
P rin ted .
H e a ls o s u b m itte d a n a m e n d m e n t p r o v id in g f o r
ch an n el
fr o m P in e la n d on R h ie I s la n d , L e e C o u n ty , F la ., etna in te n d e d
to be p ro p o se d b y
to th e r iv e r a n d h a r b o r jP ppropriatioD
b ill ( H . R . 2 1 4 7 7 ) , w i^icli w a s r e fe r r e d to th ft.■C om m ittee on
C o m m e rc e a n d o r d e r e d nkdie p rin te d .
H e a ls o s u b m itte d a n B ttieiid m eiit p r o p o s ^ g to a p p r o p r ia te
0 0 0 f o r im p r o v in g g t .^ w i c i e In le t , J jri., etc., in te n d e d to
ee P ro p o sed b y h im to th e rrtfer a n d h a r b o r a p p r o p r ia tio n b ill
( H . R. 2 1 4 7 7 ) , w h ic h w a s r e f u t e d tq -H he C o m m itt e e on C o m
m e rc e a n d o r d e r e d to b e p r i n t e d ^ L A r
M r . PERKINS s u b m itte d a n a p i » d m e n t p ro p o sin g to a p p r o
p ria te $100,000 f o r t h e i m p r o j j p i u j k o f th e g a c r a m e n to an d
l e a t h e r R iv e r s , C a l., e tc ., in t e r n e d t o l t e p ro p o se d b y h im to th e
rive r a n d h a r b o r a p p r o p r i a t e ^ b ill (rfckR. 21477), w h ic h w a s
re fe rre d to th e C o m m i t i e e f o n C o m m e llfe a n d o rd e re d to be
P rin ted .
1
°
a”
Iw
• O,
WO
Jr
T ITMETAL SCHEDULE. >L
H*
S
.
M r. C U M M I N S .
L -offer a S e n a te resolutioS^gjor w h ic h I a s k
ni^ led ia t e co u sid eg B fio n .
T h e r e s o lu tio n
R e s . 2 4 7 ) w a s r e a d a s fo llo ^ fe :
(&
.
tr.Rwolvcd,
Tlmfc-Jfie Secretary of the Treasury be direcwd to report
i n , Senate aSfsoon as possible the wholesale market itk in Engs
Germany / F ranee, and Belgium, during the last ye*&of the
IiJ'ous items *11(1 commodities named in paragraphs 117 to lW^inelu?We, 144, 140*150 151, 159 to 163, inclusive, 169, 171, 181, 1 % 193,
and 194 oL^chediile C of the tariff act of 1909.
P
M r. G A L L I N G E R .
I a s k th e S e n a to r f r o m I o w a i f t h a t i % o
be b y ifio n th s or th e a v e r a g e p r ic e ?
M r - C U M M IN S .
T h e S e c r e ta r y o f th e T r e a s u r y , a s - I und er*)
b o s in h is p o sse ssio n , o r in o n e o f h is b u r e a u s, th e tr a d e
J o u rn a ls o f a ll o f th e se c o u n tr ie s s h o w in g th e m a r k e t p ric e o f
th ese v a r io u s c o m m o d itie s .
I h a v e n o t a t te m p te d to s p e c ify
• lir*’
•
^
k
f
;
:
J?
J
derous and false \eport sent out from WashingtoujUlealing with the
condition of operafla-es in southern cotton-mill tow s. Attention was
SV
directed particularljTdo the situation at our local,mills because we are
more familiar with mem. We have received a Jjetter signed by three
young ladies employeSkin the Proximity mills. Jiving a short, concise
story of that situation bom the viewpoint of IjS operatives themselves.
fi
They ask that the facts w- printed, but do n
ofcjfP to have their names
are
published. They do not Sbject to having thaiF names given to anybody
who may be interested or T
jfho may doubt (A
frir statements. We do not
accept communications for joublication wit*»ut the name of the author
being published with them.^ut we makejpi exception in this case and
quote the letter here, on the Jkound that^e indorse the communication,
knowing the facts to he truejfcand, furjper, for the interests not only
of the three young women themselves ®ut for the whole community of
good people employed in the m
infe of Jnis community. The letter says
“ We have read the article whudijras published in the papers a few
days ago on southern cotton-mill
and hereby denounce the state
ments as false and wish to state tbJfti as they really are.
We three have worked in th(#cmton mills for 8 or 10 years, and
have worked for the Proximity ^pnuMcturing Co. for al^out 5 years in
the weaving room.
J?
We have nice, kind oversee® and make good wages, averaging from
$1.32 to $2.64 per day. We wfrk only
hours each day up to Satur
day, when we quit work at 1JP40 o'clock. XAVe are never made to work
when wa are unable. After jmr expenses,
are able to save from $15
to $20 per month.
,
.. , ^
“ Mr. Cone, the owner oLJfhc Proximity mil\has provided for us two
nice churches, a good schrfl, and a hall, in wmch our fraternal orders
may meet; also an asseiaSly hall, in which wewnay give receptions or
entertainments. He hnsijf'mployed for us teachewi of sewing and cook
ing, so that the ladies 0 the village may hecomfluicquainted with the
art of domestic scienejp We also have a nice lilgairy at the school,
where we can get boolyjf to read through the sum enk, lie has provided
m
for us a large picniqjground, where the mhahitants^of the three vil
lages—Proximity. ItejM
ilution, and AVhite Oak— assemhlkon the Fourth
of July to celebrate am have a good time generally. K^reslunents and
d
good things to cal Are served throughout that day, wli% the Textile
Band furnishes enlivening nuisic. Mr Cone bears all tl% e expenses,
and we feel that h#'gives this to show his love for his employes
In the spring
furnishes every home with flower and gfcss seeds
and then on the Kourth ol July he awards prizes for the inos^Leautiful
yards and neatljykept premises. And then, on Christmas, he\wesents
each family wit® a nice, fat turkey. What more could anvone wknt’
The article Jliich was published in the papers on southern %>tton
mill life stateef that our ckiily fare consisted of corn broad andVup
and that tliejlnotliers wear the discarded dresses of their dauglimrs.
Wc say this ii absolutely false. There are perhaps some very few v%o
live very poorly, hut the majority are in very good circumstanced
They have plenty to eat and nice clothes to wear.
• And we wish to say in the end that we are improving every day.-.
Electric lights are now being placed in the homes and on the streets.
This is an example of a southern cotton mill. We hope none of them
are as bad as they are reported by some people.
:
“
“
j?
1
#
L
T\
w
k
a
k
3184
CONGRESSIONAL RECORD— SENATE.
What matters! On that great day to come we will not be judged
by what we eat and wear, but we will all be judged alike, rich or poor.
Wo hope this will show the author of the article concerning southern
cotton mills of his mistake.
Anyone wanting proof of these statements which we have made can
get our names at the office of the Daily News, and we will stand good
for any of them.
T hree P roximity M ilo Girls.
That is a straight, unvarnished statement of the truth by young
women who are courageous enough to resent an injustice, though that
injustice be committed by the sanction of governmental authority. The
departmental agents who made the slanderous report complained of
should be required to call names and state emphatically where they
found the conditions reported. If the truth was known, they greatly
exaggerated a few isolated cases or else the whole thing was a frame-up
of a vivid imagination.
AMENDMENT OF PRINTING LAWS.
Mr. SMOOT. Mr. President, the printing bill now pending
before the Senate is the product of the Printing Investigation
Commission. This commission, under authority of Congress,
has been at work for the last seven years investigating the pub
lic printing and binding and the distribution of Government
publications. From time to time the commission has made re
ports to Congress as to the progress of its work, and several
Important laws relating to printing and binding now on the
statute books are due to its recommendations.
When the commission ivas created by Congress it was spe
cifically directed “ if, in their judgment, the conditions as they
find them warrant remedial legislation, to report a bill at the
next session of Congress making such reductions in the cost
of printing and such changes and reductions in the distribution
of said publications as they may deem expedient, with a
report giving their reasons therefor.” (33 Stat. L., 1249, act
of Mar. 3, 1905.)
The commission found this work to be of such magnitude
and importance that Congress continued and broadened its
authority so that the commission might have ample time to
complete its work and make a full report thereof to Congress.
The act of March 4, 1907 (34 Stat. L., 1394), provides that the
Printing Investigation Commission, among other duties, “ shall
have power to inquire into the general subject of the public
printing and binding for Congress and the various executive
departments, bureaus, boards, and other offices of the Govern
ment and the distribution of public documents,” and to report
such remedial legislation as the commission may deem proper.
It is evident, therefore, that the Printing Investigation Commisfr;
sion in submitting the present bill is complying with the direef
mandate of Congress. Whether this work has been well g'nd
faithfully done is for Congress itself to determine.
jf
NEED TO REVISE PRINTING LAWS.
W
There has been no general revision of the printing law# of the
overnment since the act of January 12, 1895, which M now 17
Gov
years old, and is so plastered with amendments that its own
authors could not recognize it as the once proud product of their
efforts to reform the public printing and binding. «i=Even the act
of 1895 was not a complete revision and codification of the then
existing laws relating to the public printing. To-day there are
still remaining on the statute books many pointing provisions
that date back to the fifties and sixties. A compilation of this
entangling mass of printing laws fills 142 printed pages. In 1909
an effort was made to gather together in one volume all the
laws, regulations, and decisions governing the public printing
and binding, the operation of the Government Printing Office,
and the distribution and sale of Government publications. When
this work was printed it filled more than 1,000 pages of an
ordinary sized document, and even then did not contain all the
laws or decisions relating to that voluminous subject. The
Comptroller of the Treasury lias been prolific in his decisions
involving the construction of the printing laws and these deci
sions fill several hundred typewritten pages. The Attorney
General, also, has rendered many opinions in regard to the
same subject. Some of these decisions and opinions have so
changed the construction of these laws that it is very difficult
to ascertain what is and what is not the law on certain phases
of the printing problems of the Government. Congress, in creat
ing the Printing Investigation Commission and charging it with
the duty of reporting remedial legislation, was not alone in
recognizing that the time had come for a general revision of the
printing laws. Every commission, committee, or expert who
has investigated the subject of the public printing and binding
in recent years has recommended that a complete revision of
the printing laws must be undertaken by Congress before the
Government Printing Office can be put upon a modern business
basis and the proper economies effected which will end many
of the gross extravagances that are either possible under or are
caused by the antiquated and obsolete laws governing the public
printing and binding. Every department and branch of the
March 12
Government has urged that this work be undertaWhn and carried
to success.
¥
A Committee on Department Methods, apoCinted by Presi
dent Roosevelt, in its report to him on the public printing, under
date of January 2, 190G, said:
t
That the cost of printing in the GovernmenDiS’rinting Office can be
reduced by better administration, by better discipline, by better methods
of purchasing supplies, by increased use of lahpr-saving machinery and
by dispensing with unnecessary employees, wap admitted by the Acting
Public Printer, b u t f o r s o m e o f th e s h o r tc o im n g s o f t h e P r in t in g Offir-p
t h e p r i n ti n g s t a t u t e s a r e t h e m s e l v e s t a r g e t s r e s p o n s i b l e .
In fact the
act of 1895, providing for the public printing and binding, is a d
’efpp
tive statute in many respects, and a n e w M a w , c o v e r in g t h e ic h o lc su b
j e c t , s h o u l d b e e n a c te d .
Not only are ^related subjects jumbled t !'
getlier in the existing act in the most fj^scure and confusing 'wav'1 w
it abounds in inconsistencies and verba# defects.
The men who signed this reporjJhnd concurred in its view of
the present printing laws were C*^I. Keep, then Assistant Secre
tary of the Treasury; F. H. Iiyguicock, the present Postmaster
General; Lawrence O. Murray/tlie present Comptroller of the
Currency; James Rudolph ( / lvfield, former Secretary of the
Interior; and Gifford Pinchc# former Chief Forester.
A similar statement wa&rmade by Mr. George French in his
report on the Governmeuj/Printing Office to the senior Senator
from Oregon, Mr. B ourn# then chairman of a subcommittee of
the Senate Committee gp Expenditures.
In this report Mr. tirench, who was recognized to be one of
the leading printing i^perts in the country, said of the printing
law s:
/
The laws that relm e to the Government Printing Office should be
riifion nn<i n T h e y
are very voluminous, and there are arnone
Iy tend to confusion and waste, at this time.
Concerning tUS same subject, the Printing Investigation Com
mission said, Ju a report (S. Rept. No. 1044, GOth Cong., 2d
sess.), to Congress:
thos#of 1895, of 83,577,048, or 102 per cent. This is due in part^t
le a # to the fact that the revision of the law left remaining many
itself.
As a further result, the law can not, as it stands, be intelligently
codified without thorough revision, nor can it even be efficiently jn.
dexed. These somewhat caustic comments on the existing printing
have atlaw have been voiced by trained and experienced. .men. who ------ at
„
.
..
tempted both, and who have confirmed the view which the commission
itself has long entertained.
Again in its report (S. Doc. No. G52, Gist Cong., 2d sess.) the
Printing Commission said of the laxity of the present printing
laws and its plan to recommend a complete revision:
The chief cause for the abuses which have grown up with regard +
this uaui.-i is IU U 1 1 the laxity uuil liicuuipieieuess or tne Dl'intino.
luio matter IB found in nit 1U 11J and incompleteness of the - ‘ •10
U U 1
A
laws. The act approved January 12, 1895, providing for public printg and binding and the distribution of public documents, is the nri "
pal printing act now upon the statute books. There are numerous
other provisions passed prior and since this general printin act, which
affect public printing and binding. There are also a great many
printin
cisions of the Comptroller of the Treasury and the Attorney General
ling
printing laws. The result is that, — the incsent
construing various .
,
--- at — present
time, the printing laws are defective in a great many ways and are not
sufficiently clear to serve as an intelligent guide.
The Printing Investigation Commission has. therefore, made a special
effort during the present session of Congress to investigate and ex
amine the condition of Congress, the departments, independent offices
of the Government, and the Government Printing Office with reference
to public printing and binding and the distribution of public documents
with a view of recommending a revision, consolidation, and codification
of the printing laws.
H IST O R Y OF GOVERNMENT PRIN TIN G .
To more fully understand the need for undertaking this work
of revising the printing laws with great care and thorough
ness, it may be well for me to give the Senate a brief review
of the history of printing for the Government and the impor
tance that Congress has always attached to that work. From
the very foundation of the Government Congress has insisted
on direct supervision over the public printing and binding.
The Public Printer was for many years called the “ Congres
sional Printer,” and the Government Printing Office was estab
lished primarily for the work of Congress and only incidentally
for that of the other branches of the Government. Congress
has never relinquished its control over this work and I doubt
if it ever will. It is absolutely essential that the Government
Printing Office should be immediately responsive to the wishes
and needs o f Congress, or else that publicity which is vital to
good government could not be insured the people of this
country.
Even the Continental Congress had its printing problems and
troubles. * In 1777 that Congress adopted a resolution author
izing “ the Committee of Intelligence to take the most expedient
2
1912.
CONGRESSIONAL RECORD— SENATE.
sundry citizens of Milaca, Minn., remonstrating against the
repeal of tlie oleomargarine law, which were referred to the
Committee on Agriculture and Forestry.
Mr. CUMMINS presented a memorial of sundry citizens of
Mitchell, Iowa, remonstrating against the enactment of legis
lation authorizing the coloring o f oleomargarine in imitation
of butter, which was referred to the Committee on Agriculture
and Forestry.
Mr. CULBERSON presented a memorial of sundry citizens of
McGregor, Tex., remonstrating against the establishment of a
parcel-post system, which was referred to the Committee on
Cost Offices and Post Roads.
Mr. FLETCHER presented a memorial of sundry citizens of
Taylorville, -Fla., remonstrating against the extension o f the
parcel-post sVstem beyond its present limitations, which was
referred to th\ Committee on Post Offices and? Post Roads.
He also presented a petition o f the Riverside Woman’s Chris
tian Temperance Union, of Jacksonville, F|a., praying for the
enactment of an\ interstate liquor law to prevent the nullifica
tion of State liquor laws by outside dealers, which was referred
to the Committee\n the Judiciary.
He also presented a petition of the Cln^itnber o f Commerce of
Beardstown, 111., praying for the enactihent o f legislation to
regulate the flow o f water from Lake Michigan into the Illinois
Biver, which was referred to the Committee on Commerce.
Mr. SMITH o f South Carolina. I present a concurrent reso
lution adopted by the General Assembly of the State of South
Carolina, which I ask ipay be printed in the R ecohd and re
ferred to the Committee ion the Library.
The concurrent resolution was referred to the Committee on
the Library and ordered to be printed in the R ecord, as follows :
A concurrent resolution.
Whereas bills are now pending In both Houses of our National Congress
looking to the erection of rqonuments at the National Capital in
commemoration of the signers of tlie Declaration of Independence
and of the heroes of the American Revolution ; and
Whereas South Carolina, by eminent representatives, took an active
part in the adoption of the Declaration of Independence ; and
Whereas more than a hundred battles were fought upon her soil in the
historic struggle to establish the same, her people would have a
share and interest in both of said monuments: Therefore be it
R e so lv e d b y th e h o u se o f r e p r e se n ta tiv e s
( th e s e n a te c o n cu rrin g ) :
First. That this general assembly Indorse and approve the proposed
bills to erect a monument to the sighers of the Declaration of Inde
pendence and a monument to the heroes of the American Revolution
at the National Capital, and express the hope that the Representatives
Irom this State in both Houses of Congress will support said proposition.
Second. That copies of this resolution, signed by the clerks of the
house and senate, be mailed by phem to the United States Senators
and Members of the House of Representatives from this State in
Aongrcss.
/
In
C o lu m b ia , S .
the
H ouse ,
C ., F e b r u a r y 2, 1912.
I ask may be printed in the R ecord and referred to the Com
mittee on Naval Affairs.
The resolution was referred to the Committee opr Naval A f
fairs and ordered to be printed in the R ecord, as fallow s:
T he Commonwealth
H ou se
J
C lerk o f th e H o u s e .
In
C o lu m b ia , S .
tiie
Senate,
C ., F e b r u a r y 2, 1912.
The senate agrees to thef resolution and orders that it be returned
to the house with concurrence.
By order of the senate. ;
M. M. Mann,
C lerk o f t h e S e n a t e .
Mr. SMITH of South Carolina presented petitions of sundry
citizens of Elliott, Manning, Brookland, and New Brookland, all
| tlie State of South/Carolina, praying for the\ enactment of an
n
interstate liquor law to prevent tlie nullification of State liquor
laws by outside dealers, which were referred to the Committee
01i the Judiciary.
He also presented a petition o f the Central Labor Union of
Charleston, S. C., praying for the enactment of legislation pro
viding for the construction of one of the proposed new battle
ships in the Brooklyn Navy Yard, which was referred to the
Committee on Naval Affairs.
Mr. BOURNE presented a petition of sundry citizens o f North
Bend, Oreg., praying for the enactment of an interstate liquor
law to prevent the nullification o f State liquor laws by outside
dealers, which was referred to the Committee on the Judiciary.
^Mr. BRISTOW presented a memorial of sundry citizens of
Enterprise, Kans., remonstrating against the establishment of a
Parcel-post system, which was referred to the Committee on
Bost Offices and Post Roads.
He also presented petitions of the congregations of the Metho
dist Episcopal Church and the Evangelical Church of Halstead,
Kans., praying for the enactment of an interstate liquor law to
Prevent the nullification of State liquor laws by outside dealers,
which were referred to the Committee on the Judiciary.
Mr. CRANE. I present a resolution adopted by the House of
Kepresentatives of the Commonwealth of Massachusetts, which
M assachusetts ,
of
o f R e p r e se n ta tiv e sf M a rch
8, 1912.
Whereas it is proposed to remove or abolish the traited States navy
yard in the Charlestown district of the city of IjjDSton; and
Whereas in the opinion of the House of Representatives of the Com
monwealth of Massachusetts such a step wojfid be detrimental to
the interests of Charlestown, of the port of Boston, and of the entire
Commonwealth: Therefore be it
s
O r d e r e d , That the Senators and Representatives in Congress from
this Commonwealth be requested to use theim>est endeavors to prevent
such removal or abolishment; and be it further
O r d e r e d , That a copy of this order be sent by the clerk of the house
of representatives to the Senators and Representatives in Congress from
this Commonwealth. '
J
A true copy.
A tte st:
/ J ames W. K imball ,
\
C lerk .
.T
ames W. K imball ,
C le r k o f th e H o u s e o f R e p r e s e n ta tiv e s .
Mr. McLEAN presented petitions of the Woman’s Christian
Temperance Unions o f Meridbn and Stamford, and of Concord
Division, No. 2, Sons o f Temperance, o f Norwalk, all in the
State of Connecticut, praying for the enactment of an interstate
liquor law to prevent the nullification of State liquor laws by
outside dealers, which Were referred to the Committee on the
Judiciary.
,f
He also presented « petition o f sundry citizens o f Bridgeport,
t
Conn., praying for the passage o f the so-called eight-hour bill,
which was referred'to the Committee on Education and Labor.
Mr. BRADLEY/presented a petition o f sundry ex-s^ives and
their children, jrbsidents of Darbun, Miss., praying \hat an
appropriation o f $250,000 be made for the purpose of an exposi
tion celebrating the fiftieth anniversary of the Emancipation
Proclamation,’ which was ordered to lie on the table.
He also presented the petition of Amos L. Griffith, a veteran
of the Civil War, praying that he be granted an increase of
pension, which was referred to the Committee on Pensions.
REPORTS OF COMMITTEES.
Mr. SUTHERLAND, from the Committee on Public Buildings
and Grounds, to which was referred the bill (S. 4310) to pro
vide for the erection o f a public building at North Topeka,
Kans., reported it with an amendment and submitted a report
, ,
^ dsm fhoraap--- --- , ---------- ----------- „ „ _____
Mr. OWEN, from the Committee on Indian Affairs, to winch
was referred the bill (S. 5728) conferring jurisdiction on the
Court o f Claims to hear, determine, and render judgment in
claims of the Osage Nation o f Indians against the United
States, reported it with amendments and submitted a report
_(N o. 484) thereon.
The house agrees to the resolution and orders that it be sent to the
senate for concurrence.
\
By order of the house.
|
Jas . A. H ott .
3363
A; O STRAIN.
'.
,
.f
ATT. WORKS. I report back favorably from” Jiff tjofnifilnTe
on Public Lands with amendments the bill (S. 2427) for the
relief of the legal heirs,of A. G. Strain, and I submit a report
(N o/ 4S5) thereon. I ask for the present consideration of the
hill.
■The VICE PRESIDENT. The bill will be read for the infor
mation o f the Senate.
The' Secretary read the b ill; and there being no objection, the
Senate, n.s in Committee of the Whole, proceeded to its con
sideration:.
The amendments were, on page 1, line 4, before the word
“ to ” where it occurs the second time, to strike out “ reconvey ”
and insert “ relinquish,” and in line 10, before the word “ merid
ian,” to strike out the words “ Santa Barbara ” and insert
“ San Bernardino,” so as to make the bill read :
B e i t e n a c t e d , e t c . , That the Commissioner of the General I,and Office
be, and he is hereby, authorized to relinquish to the legal heirs of A. O.
Strain, by proper deed of conveyance, all title which the said A. G.
Strain had vested in the United States Government to the followingdescribed lands: North half northeast quarter and north half northwest
quarter, section 22, township 4 north, range 15 west, San Bernardino
meridian, in the county of I.os Angeles, State of California : P r o v i d e d
That the said heirs of A. G. Strain make satisfactory proof of such
conveyance to the United States of said land by the submission of an
abstract of title, together with the deed of conveyance to the United
States of the same, which said deed and abstract or abstracts shall be
retained in the files of the General Laud Office.
The amendments were agreed to.
The bill was reported to the Senate as amended, and the
amendments were concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
L A N D A T POND CR EE K , OKLA.V
Mr. SMOOT. From the Committee on Public Lands I report
back favorably, without amendment, the bill (H. R. 17119)
granting the courthouse reserve at Pond -Creek, Okla., to the
3364
CONGRESSIONAL RECORD— SENATE.
city of Pond Creek for school and municipal purposes, and I
submit a report (No. 486) thereon.
Mr. OWEN. I ask for the immediate consideration of the
bill. It simply allows a square for municipal and school pur
poses.
The Secretary read the bill; and there being no objection, the
■ Senate, as in, Committee of the Whole, proceeded to its con
sideration.
' . The bill was reported to the Senate without amendment, or
dered to a third reading, read the third time, and passed.
HUDSON RIVER BRIDGE.
M akcji 35,
authorized to approve the assessments upon all other restricted
allotments located within any proposed drainage district located
and made under the laws of the State of Oklahoma,” so as to
make the bill read :
B e it enacted, etc., T h a t the S ecreta ry o f the In te rio r be, and he is
hereby, authorized, in his d iscretion , to a p p rove the assessm ents, to
gether w ith m aps sh ow in g rig h t o f w ay and d efinite lo ca tio n o f a p ro
posed drainage ditch , m ade under the law s o f the S tate o f Oklahom a
upon the a llotm en ts o f certain A bsentee Shaw nee and C itizen P otta
w atom ie allottees in L ittle R iv e r drainage d is trict No. 1, in P otta
w a tom ie C ounty, Okla.
Sec . 2. T h a t the S ecretary o f the In te rio r be, and he is hereby
authorized, in his discretion , to pay tliree-fou rth s o f the to ta l am ount
assessed a gainst each o f said a llo t m e n t s : P rovid ed , T h a t said tota l
assessm ent shall n o t exceed .$15 per a cre on any allotm en t or p ortion
t h e r e o f ; and there is hereby a p p rop ria ted fo r s a id p urpose, ou t o f
any m oney in the T rea su ry n ot oth erw ise a p p rop ria ted , the sum o f
$16,883.67, to be im m ediately available, the rem ain ing o n e-fou rth o f
such assessm ent to be paid under d ire ctio n o f the S ecreta ry o f the
In te rio r from the ren ts o f the a llotm en ts affected, and under such, rules
and regulations as he m ay prescribe.
S e c . 3. T h a t the Secretary o f the In te rio r be, and he is hereby
authorized, in his d iscretion , to a p p rove deeds fo r rig h t o f w ay
such o f said allottees or their heirs as m ay be necessary to perm it the
co n stru ctio n and m aintenance o f said dra in a ge d itch upon the paym ent
o f adequate dam ages th erefor.
T h a t the S ecretary o f the In terior is hereby a u th orized to approve
the assessm ents upon all oth er restricted a llotm en ts loca ted w ithin
any proposed drainage d istrict loca ted and m ade under the law s o f the
S tate o f Oklahom a.
Mft. NELSON. From the Committee on Commerce I report
back favorably, with amendments, the bill (S. 5659) to sup
plement and amend an act entitled “An act to authorize the
New York and New Jersey Bridge Cos. to construct and main
tain a bridge across the Hudson River between New York City
and the State of New Jersey,” approved June 7, 1894, and I
submit a reRort (No. 487) thereon, I call the attention of the
Senator from\New York [Mr. O’Gorman ] to the bill.
Mr. O’GORMAN. I ask for the present consideration of the
bill.
\
/
The Secretary \ead the bill; and there being no objection, the
Senate, as in Coilamittee of the Whole, proceeded to its con
sideration.
Sec. 4. That the Secretary of the Interior is hereby authorized to
The amendments were, on page 1, line 6, after the words perform any and all acts and to make such rules and regulations as
necessary and proper
“ New Jersey,” to insert “ approved June 7, 1894 (28 Stats., may be act into full force andfor the purpose of carrying the provisions
of this
effect.
89),” and to add at the, end of the bill the following proviso:
The amendments were agreed to.
P rovided , T h a t this act\ ^ftall n ot bo con strued as a u th orizin g the
bu ild in g o f said bridge in a ccorda n ce w ith p lan s h eretofore ap p roved
The bill was reported to the Senate as amended and the
by the Secretary o f W ar, bnt draw ings sh ow in g the loca tion and plans
o f said stru ctu re shall again tye subm itted to him fo r his con sid era tion amendments were concurred in.
The bill was ordered to be engrossed for a third reading, read
and ap p roval before con stru ctin g shall be entered upon.
the third time, and passed.
And to add an additional Section, as follow s:
The title was amended so as to read: “A bill to enable the
S e c . 2. T h a t the rig ^ t to a lter; amend, or repeal this a ct is hereby
exp ressly reserved.
/
Indians allotted lands in severalty within the boundaries of
Little River drainage district No. 1, Pottawatomie County
So as to make ttjb bill read:
Okla., to cooperate with the officials of said State in the protec
B e it enacted, e t a , T h a t the a ct o f C ongress entitled “ A n a ct to au
th orize the N ew Y o fk and N ew J ersey B ridge Cos. to con stru ct and m ain tion of their lands from overflow,, and for other purposes.”
tain -a bridge a c r o /s the H udson R iv er betw een N ew York C ity and the
S tate o f New J ersey,” ap p roved June 7, «S94 (2 8 Stats., 8 9 ) , be, and
the sam e is hereby, so supplem ented and; am ended as to extend the
tim e fo r the com pletion o f the said b rid ge a% l approaches to M arch 15,
1 9 2 2 ; and said com panies are hereby gran ted the rights and p riv i
leges and shall be su b ject to the con dition s enum erated in and con
ferred upon sfiid New Y ork and New J ersey B ridge Cos. b y said a ct o f
C ongress ap p roved June 7, 1894, aforesaid , and b y the a cts o f in co r;
p ora tion of. said com panies h eretofore enacted by the S tates o f New
Y ork and New Jersey, resp ectively ; P rovided , T h a t th is a ct shall n ot be
con strued as a u th orizin g the b uild in g o f said bridge in accorda n ce w ith
p lan s heretofore approved b y the S ecretary o f W ar, but draw ings sh ow
in g the loca tion and plans o f said stru ctu re shall again be subm itted to
him fo r his con sid eration and a p p rova l before con stru ction shall be en
tered upon.
Sec. 2. T h a t the rig h t to alter, amend, or repeal this a ct is hereby
expressly reserved.
I
THE TURNER HARDWARE CO.
Mr. OWEN. I am directed by the Committee on Indian
Affairs, to which was referred the bill (S. 45S) for the relief of
the Turner Hardware Co., to report it with an amendment, and
I submit a report (No. 489) thereon. As it is a small bill, al
lowing $86 to the company, I ask unanimous consent that it
may be immediately considered.
The VICE PRESIDENT.. The Secretary will read the bill
for the information of the Senate.
The Secretary read the bill, and there being no objection, the
Senate, as in Committee of the TVhole, proceeded to its con
sideration.
The amendments were agreed to.
The ainendment was, in line 7, after the w
rord “ of,” to strike
The bill was reported to the Senate as amended, and the out “ $109.94, in full payment of accounts for certain supplies
amendments were concurred in.
purchased by the superintendents of the Tullahassee Mission,
J The bill was ordered to be engrossed' for a third reading; read Pecan Creek Mission, and the Colored Orphan Home in the
/Ylip third time, and passed.
,
years 1902 and 1907,” and insert “ $S6.81 in full payment of an
account for supplies purchased by the superintendent of the
------- ------------- DRAINAGE C < LANDS IN OKLAHOMA.
)’
T
Colored Orphans’ Home in the year 1902,” so as to make the
Mr. OWEN. I report back favorably with amendments front bill read:
the Committee on Indian Affairs the bill (S. 4913) to enable the
Ttr i f enacted e t c , T h a t the S ecreta ry o f the In te rio r he, and he
Indians allotted lands in severalty within ‘ the boundaries of h e fe b v V a uthorized and d irected to pay, ou t o f any ava ilab le fu n ds in
T rea
S tates belon
g to the Creek N
of
Little River drainage district No. 1, in Pottawatomie County, the ians su rv o f T the U nited w a re Co., o f ginuskogee, Okla the ation o f
In d
to the
urner H a rd
M
sum
Okla., to cooperate with the officials of said State in the pro
s i in fu ll navm ent o f an a cco u n t fo r supplies p urchased uy the
tection of their lands from overflow, and I submit a report (No. superintendent S f ^ e C olored O rphans’ H om e in the year 1902.
488) thereon. I ask for the present consideration of the bill.
The amendment was agreed to.
The VICE PRESIDENT. The Secretary will read the bill
Mr. SMOOT. Mr. President, has this bill been reported from
for the information of the Senate.
the Committee on Claims?
The Secretary read the bill.
The VICE PRESIDENT. The bill has been reported from the
The VICE PRESIDENT. Is there objection to the present Committee on Indian Affairs.
consideration of the bill?
Mr OWEN. The bill has been reported from the Committee
Mr. SMOOT. I should like to ask the Senator from Oklahoma on Indian Affairs. It only involves $S6.81 due for certain sup
if there is a report accompanying the bill?
plies purchased by the superintendents of Indian schools in the
Mr. OWEN. Yes; there is. The bill is reported from the Indian Territory.
Committee on Indian Affairs. It simply provides that these
The bill was reported, to the Senate as amended, and the
Indians who have allotted lands within a drainage district may amendment was concurred in.
cooperate with other citizens in having the lands properly
The bill was ordered to be engrossed for a third reading, read
drained.
the third time, and passed.
Mr. SMOOT. Is there also a report from the department?
" * ’ CHOCTAWCREEK, AND CHICKASAW INDIAN RESERVES.
Mr. OWEN. There is a favorable report from the depart
ment.
Mr. CURTIS. Some days ago there was a report made from
There being no objection, the bill was considered as in Com the Committee on Indian Affairs on the bill (S. 3306) to au
mittee of the Whole.
thorize the Secretary o f the Interior to investigate the status of
The amendments of the Committee on Indians Affairs were, the Indian reserves set aside under the Choctaw treaty of 1830
on page 1 , line 8, after the word “ and,” to strike out the word and the Creek and Chickasaw treaties of 1832, for which no pat
“ citizen ” and insert “ Citizen,” and on page 2, at the end of sec ents have been issued and the ownership of which is in question,
tion 3, to insert “ That the Secretary of the Interior is hereby and appropriating money therefor.
1912.
CONGRESSIONAL RECORD— SENATE.
The bill was reported with amendments. By mistake the bill
has been printed as if it had been reported without amendment.
I ask that the record be corrected and that the bill be reprinted
showing the amendments in accordance with the report.
The VICE PRESIDENT. Without objection, an order there
for wiR be entered.
\
BILLS INTRODUCED.
Bills Were introduced, read the first time, send, by unanimous
consent, tfee second time, and referred as follow s:
By Mr. WETM ORE :
M
( A bill (S^5S55) granting an increase of pension to Amanda M.
Gaskill (w i^i accompanying papers) ; to life Committee on Pen
sions.
By Mr
A bill (S. '5386) to amend an act for M e protection and regu
lation of the fisheries o f A laska; to thtfS/Ommittee on Fisheries.
A bill (S. 5S5& providing for the sgpvey and commencement
of construction ol&a road in the OlynjgSc Forest Reserve; to the
Committee on Agriculture and Fore;
A bill (S. 5S58p&ranting a pen
to Blanche Packard; to
the Committee on Pensions.
By Mr. SMOOT: \
M
A bill (S. 5859) to %nend
of an act entitled “An act
making appropriations^)!* sund
ril expenses o f the Government for the fiscal year %nding
iie 30, 1902, and for other purposes,” approved March 3|l901
Stat. L., p. 1133) ; and
A bill (S. 5860) to pr
agricultural entries on coal
ee on Public Lands.
lands in A laska; to the Cor
By Mr. BURNHAM :
of Martha Cutts Almy and
A bill (S. 5862) for
to the Committee on Claims.
others (with accompanying.
By Mr. CUMMINS :
nt o f employees in the civil
A bill (S. 5S63) for tl
e Committee on Civil Servservice, and for other pu
ice and Retrenchment J
Bv Mr. O’GORMAN :J
A*bill (S. 5S64) for M relief o f the%ptate of Alexander Stoddart, deceased ; and Jr
A bill (S. 5865) f # the relief of cljSSfeants who have paid
money into the Uniti^l States Treasury u % r compulsion of an
unconstitutional stajnte; to the Committee
Claims.
A bill (S. 5866)m)roviding for the appointment o f an addi
tional professor ojgmiathematics in the N avy; % the Committee
on Naval Affairs**
By Mr. W A TSw N :
A bill (S. 5SQf) authorizing the purchase of a site for a post
office and publjgpbuilding at Benwood, Marshall Cour%’, W. V a .;
to the Commiifee on Public Buildings and Grounds.
By Mr. D lJ u iN G IIA M :
A bill (S. J&6S) granting an increase of pension to Gr
rington (w^th accompanying papers) ; to the Commi
Pensions, m
By Mr. M cL E A N :
A b i l l 5869) granting an increase o f pension to Henry
Stowe $vitli accompanying papers) ; to the Committee on
gM fl
NM
Pensioi
B y 3yfr. CLARKE of Arkansas:
3365
A bill (S. 5879) granting an increase o f pension to David
Crockett Collins (with accompanying papers) ; to the Committee
on Pensions.
PROPOSED INJUNCTION AND ABATEMENT LAW.
By Mr. KENYON:
A bill (S. 5S61) to enjoin and abate houses of lewdness, as
signation, and prostitution, to declare the same to be nuisances,
to enjoin the person or persons who conduct or maintain the
same and tile owner or agent of any building used for such
purpose, and' to assess a tax against the person maintaining
said nuisance and against the building and owner thereof; to
the Committee’'on the District o f Columbia.
Mr. KENYON. In connection with the bill I should like con
sent to have printed as a public document a letter from the at
torney general oS Iowa, stating the purpose of a similar b ill;
an article by Mrk John B. Hammond, of Iowa, who has had
much to do with t i » enforcement o f the Iowa la w ; and a speech
by Senator T. J. B%>oks, of the Tennessee Senate, which fully
explains the law, to o th e r with a copy o f the law.
I ask to have the^p papers printed as a document (S. Doc.
No. 435) and referred to the Committee on the District of
Columbia.
The VICE PRESI]
T. Without objection, an order there
for will be entered.
im p r o v e m e :
OF ALLEGHENY RIVER, PA.
an amendment proposing to
Mr. OLIVER submitt
priate $300,000 for the i’ pro vement of the Allegheny
Pa., etc., intended to be pr osed by him to the river and
appropriation bill (H. R. 1477), which was referred
Committee on Commerce an^ordered to be printed
approRiver,
harbor
to the
THE INTERNATIONAL HARVESTER CO.
Mr. LEA. I submit a resolvaion, which I ask to have read.
The Secretary read the resolltion ( S. Res. 250), as follows :
W h e re a s i t is re p o rte d th a t th e re f | p e n d i n g b e fo r e th e D e p a rtm e n t o f
J u s tice a s e ttle m e n t b etw een th e U n ite d S ta te s and th e In te rn a tio n a l
H a rv e s te r C o., b y w h ic h th e s o -ca lle d H a rv e s te r T r u s t m ay be p e r
m itte d to re o r g a n iz e a n d to b rin g i& o r g a n iz a tio n an d b u sin ess w ith in
th e S h erm a n a n titr u s t la w as con su m ed b y th e S u p rem e C o u r t : B e i t
R e s o lv e d b y th e S en a te o f th e Zfhitcd S t a te s , T h a t the A tt o r n e y
G en era l be, a n d he is h ereby, in s tr u cte d to la y b e fo r e th e S enate a ll
co r re sp o n d e n ce and in fo r m a tio n it m ay a a v e u p o n t h is -s u b je c t, to g e th e r
w ith a n y a n d a ll co rre sp o n d e n ce , in p srm a tio n , a n d r e p o rts o f the
B u re a u o f C o rp o ra tio n s r e la tin g t h e r e t o ^ r o m J a n u a ry 1, 1904, to th e
p re s e n t tim e.
Mr. LEA. I ask for the present consideration o f the resolu
tion.
%
Mr. GALLINGER. I ask that the resolution may go over.
The VICE PRESIDENT. Objection if&made, and the resolu
tion, under the rule, will go over.
EXPENSES OF CITY SCHOOL SYSTEMS 0
IOC. NO. 4 3 1 ).
document, being
Mr. GALLINGER... I have an interest^
tables, quotations, and facts compiled by [arlan Updegraff,
iblished, being a
of the Bureau o f Education, and recently
I ask that the
study of the expenses of city school systems
matter be printed as a public document, and tl kt 500 additional
copies be printed for the use o f the Senate document room.
The VICE PRESIDENT. Without objection* the order will
be entered.
The order as agreed to was reduced to writing,'3is follow s:
A bjSl (S. 5870) for the relief of Mary A. Russell and others
O rd ered , T h a t th ere be p r in te d 5 00 a d d itio n a l co p ie s o fc t h e d o cu m e n t
(with'accompanying papers) ; to the Committee on Claims.
“
e n se s
ity
S
s,
a cts, e
bill (S. 5871) fqr the relief. ©f-Cftlvm G. Llnville (with b yE x pa rla n o fp Ce g raS ch o o l th ystemre a T a b le s, dQ u o ta tio, n s, ra n sL Euse o f t c .,”
H
U d
ff, o f
e Bu
u o f E u ca tio n fo ttt^
the
Facciffmpanying papers) ; to the Committee on Military Affairs.
S e n a te d o cu m e n t ro o m .
Sk
PRESIDENTIAL APPROVALS.
By Mr. OWEN:
A bill (S. 5S72) to authorize the municipality o f Atoka, Okla., | A message from the President of the United States* by Mr.
to acquire full legal title to certain lands for municipal water Latta, executive clerk, announced that the President raid ap
works purposes; to the Committee on Indian Affairs.
proved and signed the following act and joint resolutions*
A bill (S. 5873) granting an inci’ease o f pension to Joseph F. * On March 12, 1912:
%
Kendall (with accompanying papers) ; to the Committee oa»
S. J. Res. 83. Joint resolution making appropriations to %eet
Pensions.
_ ...v
certain contingent expenses o f the Senate; and
S. 4151. An act to authorize the Minnesota & Internationa 1
........... ''
By Mr. CHAMBERLAIN :
A bill (S. 5874) to increase the limit of cost for the erection Railway Co. to construct a bridge across the Mississippi River
and completion of the United States post-office building -at Al- at or near Bemidji, in the State of Minnesota.
oany/i%>nL: to the Committee on Public Building&gSff*Grounds.
On March 14, 1912:
S. J. Res. 89. Joint resolution to amend the joint resolution t<r
A bill (IglScifcD providing for the adjustment^? me claims of
Gie States ancm!H|Kitories to lands withj^jKrcional forests; to prohibit the export o f coal or other material used in war from
any seaport of the United States.
the Committee on FtH|itLands.
A bill (S. 5S76) gramStayin iiyjgB&'se o f pension to Edward
HOUSE BILL REFERRED.
Hitchcock (with accomi^^^*K papers) ; to the Committee
H. R. 18960. An act making appropriations for the Depart
011 Pensions.
ment o f Agriculture for the fiscal year ending June 30, 1913,
___
„
By Mr. BOURNE:
_
was read twice by its title and referred to the Committee on
A bill (S. 5S77) to hafcrease the limitTWtegst for the erection Agriculture and Forestry.
and completion ofJ^hpost-office building a r ^ % J )a lle s , Oreg.;
SERVICE PENSIONS.
to the Commit tes^fm Public Buildings and Grou
The VICE PRESIDENT. Morning business is closed. The
By Mr. B R A D L E Y :
__
A bill (-££ 5878) granting an increase of pension to Bteiird calendar under Rule V III is in order. The Secretary will state
the first bill on the calendar.
Stapletoh (with accompanying paper) ; and
CONGRESSIONAL RECORD— SENATE.
3306
Mr. McCUMBER. Mr. President, I gave notice the other day
that immediately after the close of morning business to-day I
should move that the Senate take up the general pension bill.
The VICE PRESIDENT. The Chair was merely waiting for
the Senator to make the motion.
Mr. McCUMBER. I am giving my reason for asking that
that bill be now taken up. There are two Senators who desire
to speak on that subject to-day, as I am informed, and I also
desire to complete my remarks. That being the case, I now
move that the Senate proceed to the consideration of the service
pension, which is House bill No. 1.
Mr. GALLINGER. Will the Senator withhold his motion for
a moment, though I know it is not debatable?
Mr. McCUMBER. Certainly.
The VICE PRESIDENT. The Senator withholds his motion
temporarily.
Mr. GALLINGER. I want to express the hope that the busi
ness of the Senate may be so arranged that at an early day we
shall get to the calendar under Rule VIII. It is getting to be
rather voluminous; and while the bills are not extremely im
portant, I think we ought to take them up for consideration
before long.
The VICE PRESIDENT. The question is on the motion of
the Senator from North Dakota [Mr. M c C u m b e r ] .
The motion was agreed to; and the Senate, as in Committee
of the Whole, resumed the consideration of the bill (H. R. 1)
granting a service pension to certain defined veterans of the
Civil War and the War with Mexico.
Mr. McCUMBER. Mr. President, before proceeding with the
comparison of the two bills that are before the Senate it may
be profitable to glance for a moment at what the Congress has
been doing during the last few years in the matter of extending
the benefit of the pension legislation and increasing the amount
of our appropriations.
The last general pension legislation prior to 1907 was passed
June 27, 1890. That was the first service-pension legislation
applicable to veterans of the Civil War. For 17 years following
no particular change was made in our pension laws. On Feb
ruary 6, 1907, we enacted a law making age the standard for
fixing the amount of pension. By that act we increased our
annual pensions for the next five years in an amount, as I
now remember, aggregating about $15,000,000 per year.
The very next year after that, in the year of 1908, on April19, we amended the law of 1890 and placed at $12 per inoafn
the pension of every widow entitled to receive a pension uraaer
that law. ITeviously such pension was $8 per montlL^We
added very materially also to the number of widower who
could be placed upon that roll by repealing that sectioarof the
law which provided that in order to obtain its bei^efits the
claimant must be able to show that she did not have^ui annual
income of $250 per year.
The increase under that law, I think, was abou£|fr2,000,000 a
year. If we again amend the pension laws in thpyear 1912 by
the pleasure now proposed by the Committee
Pensions, we
will be required to increase our pension appropriation bill on
an average for the next five years by, s a y ^ 20,000,000 a year.
So the Senate will see that the Governmenfedias not been remiss
in its duty to the veterans, but has attempted to meet the dis
abilities incident to increasing years by yefy materially increased
pensions.
Mr. OVERMAN. Mr. President, right there I should like to
ask the Senator if the bill as repqned to the Senate by the
Committee on Pensions should be.ebme a law, what would be
the total amount of appropriation required?
Mr. McCUMBER. The present amount is about $152,000,000
a year, I believe, and the passage of the bill as reported by the
committee would add an average of about $20,000,000 a year—
$14,000,000 the first year anjpibout $33,000,000 the second year.
Mr. OVERMAN. But ah average for five years of about
$20,000 ,000 ?
/
M arch : 15,
ical condition, and all questions as to whether present ailments
of claimants resulted from service or otherwise. An applica
tion under the later laws needs no investigation along that
line. The law tempts no one to expand his conscience beyond
normal limits in order to come within its provisions; it causes
the cheek of no claimant to redden when he makes his applica
tion to become a pensioner by compelling him to declare that
he is in his dotage, that he is enfeebled, or that he is poverty
stricken.
/
Mr. President, I think there has been comefuerable economy
under the operation of these laws. By tln^w o acts to which I
have particularly referred we have eliminated the services of
the physician and the financial exammCr. By those acts in
dustry and economy are no longer pggfalized. The soldier of
the most extended hospital record tjyrlay has no advantage in
proving his claim over the soldier jyho has the most extended
field record. What we have accomplished in that direction, Mr.
President, we ought not to lose hsrany subsequent legislation.
Mr. President, two bills wer^mefore the Committee on Pen
sions. One bill would requirtspan appropriation for the second
year at least $S6,500,000 ovnsn^resent appropriations. The bill
as recommended by the committee will require at least $33,000,000 in additional appropriations the second year. The one
will average, I believe, |p*om $56,000,000 to $60,000,000 a year
for the next five yea*, and the other will average about
$20,000,000 a year fo^-uhe next five years.
I can not help bar feel that the pension bill which passed
the House and casAe before the committee, known as House
bill No. 1. receiv^l many votes through a misapprehension or
a misunderstanding on the part of the several Members
of the House iflio voted in its favor as to the total amount
which it wcajnd be necessary to raise to meet the require
ments of tj»it bill. It may be that it would have passed
the Housej/ff there had been no error in the report, but it
is certainly true that the report upon which I have a right to
assumes#ie vote was based is most grossly erroneous. I am
not saS?ng, and would not for a moment intimate, that it was
intenponally erroneous, but I am inclined to believe that the
chairman of the House committee having the matter in charge
insist have turned over some of the computations to some other
phrson who was not very accurate in his figures, and probably
because of the great amount of labor imposed upon him he
did not have the time carefully to analyze the statement before
it was presented as the report of that committee. Ordinarily,
Mr. President, I would say that whenever we desire to get an
estimate of the additional cost involved in an increase of pen
sions it is far safer to go to the Bureau of Pensions and
obtain from them a very careful estimate. I am not certain
whether the committee who reported the House bill did that or
not. I am certain, however, that if they did they must have
abandoned the information which they received and proceeded
to make their own calculations as to what the additional cost
of House bill No. 1 would be.
We ought not to allow our enthusiasm to run away with our
judgment in the matter o f such computations. If we feel that
we should appropriate $87,000,000 a year from to-day in order
to meet pension demands, then we ought to admit the amount
and proceed to raise the money either by the issuance of bonds
or by some other method.
I wish to call attention now to the very first proposition that
is made in the report in support of House bill No. 1 in relation
to the amount required to pay for the additional pensions.
Senators will remember that under House bill No. 1, which
is purely a service-pension bill, the soldier who served for 90
days receives a pension of $15 per month; if he served 6 months
he receives $20 per month; if he served 9 months, he receives
$25 per month; if he served 1 year or over, he receives $30 per
month.
Mr. BROWN. Mr. President-----The PRESIDING OFFICER (M r. L ippitt in the chair)
Does the Senator from North Dakota yield to the Senator from
Nebraska?
Mr. McCUMBER. Certainly.
Mr. BROWN. The bill also provides that a soldier whose
term of service was cut short by injuries received in the
service shall get $30 a month without regard to how long he
served.
Mr. McCUMBER. I presume the Senator refers to section 2
which reads as follows, in addition to the sums I have men
tioned :
Mr. McCUMBER. The average for five years, after making
the proper allowance for the death rate, would be about $20,000,000 a year.
Mr. OVERMAN. So that the total amount of pension appro
priations would be; then, about $175,000,000?
Mr. McCUMBER. About that, in case the bill as reported
by the Committee on Pensions should be enacted into law.
Further than this, by the act of February 6, 1907, as it applies
to the survivors of the war, and again by the act of April 19,
1908, as it applies to the widows, we have made the pension
S ec 2.
o
*
dis
roll a roll of honor only, and not the mere measurement of ch arge. andT h ahto any person w hin b*attle o* inreceivedf an h on orable no*w
w
w as w ou nded
r
line o d uty, and is
financial or physical distress; and it is my own firm opinion un fit fo r m anual labor th rou gh causes n o t due to his ow n viciou s habits
and unalterable conviction that there should be no reaction or w ho, from disease or oth er causes in cu rred in line o f d u ty resulting
in
d isa b ility, is n o
to p erform
labor, shall be naid
along that line. Under the law as it now stands we have elimi the his axim um pension w unable is act, to w m anual per m onth, w ith m n
m
it, $30
nated all questions of financial condition, all questions of phys- I regard to his len g th o funder th
service.
1912.
CONGRESSIONAL RECORD— SENATE,
3465
system beyond its present limitations, which w*#' referred to
A bill (S. 5891) for tbe relief o f tbe estate o f David W.
Settle, deceased (with accompanying paper) ; to the Committee
tbe Committee on Tost Offices and PosLJpS^o&
He also presented a m e m o c k p # L o c a l Grange No. 265, on Claims.
Patrons of Husbandry, o f
Micb., and a memorial of
A bill (S. 5892) granting a pension to Elizabeth Polly (with
sundry citizens of Cohmglm; Micb., remonstrating against tbe accompanying papers) ; to the Committee on Pensions.
repeal of tbe ol^oimi^fmrino law, wbicb were referred to tbe
By Mr. POIN DEXTER:
Committee on 2^-rmulture and Forestry.
A bill (S. 5893) granting a pension to Elizabeth E. Donald
Mr. BRQWN presented a memorial of tbe Retailers’ Associa son; to the Committee on Pensions.
tion of ^Buiken Bow, Nebr., remonstrating against tbe extension
WITHDRAWAL OF PAPERS— SAMUEL COLE.
of the parcebpost system beyond its present, limitations, wbicb
On motion o f Mr. P o m e r e n e , it w a s
'vjis referred to tbe Committee on Post Offices and Post Roads.
O rd
e d That the
in
(S. 5997, Gist
.eovMr. OWEN presented a petition of sundry citizens o f Keene, Cong.)e r he, withdrawnpapers thethe case of Samuel Cole adverse report
from
files of the Senate, no
Okla., praying for the enactment of an interstate liquor law to having been made thereon.
prevent tbe nullification of State liquor laws by outside dealers,
PUBLIC BUILDING AT DENVER, COLO.
wbicb was referred to tbe Committee on tbe Judiciary.
Mr. GUGGENHEIM. I ask unanimous consent for the pres
Mr. POINDEXTER presented a petition of sundry citizens of
Ebna, Wash., praying that an
niade to provide ent consideration of tbe bill (S. 3974) to increase the limit of
for Urn.Purifier dredging o f Willapa Harbor, near Raymond, in cost o f the United States public building at Denver, Colo.
The VICE PRESIDENT. Tbe Secretary will read the bill for
that State, which was referred to tbe Committee on Com tbe information of the Senate.
merce.
Tbe Secretary read the bill, and there being no objection, tbe
^He ai|p presented a memorial o f tbe executive board of tbe Senate, as in Committee of tbe Whole, proceeded to its con
Farmers® Educational and Cooperative Union of America for sideration.
/
Washington and northern Idaho, remonstrating against tbe free
Tbe bill was reported from tbe Committee oil Public Build
distribution of seed by tbe Government, wbicb was referred to ings and Grounds with an amendment, in line 9, before tbe
the Committee on Agriculture and Forestry.
word “ hundred,” to strike out “ five ” and insert “ four,” so as
to make tbe bill read :
IMPROVEMENT OF THE MISSISSIPPI KIVEK.
Be
t en a cted
etc
That the
of cost fixed by
Con
Mr. WILLIAMS, from tbe Committee on Claims, to which gress iapproved , May., G , 1908 limitStats., 545), for the act ofpublic
O
(35
the new
was referred the bill (S. 5683) to confer jurisdiction on tbe building at Denver, Colo., for the accommodation of the post office,
Court of Claiim to bear, determine, and adjudicate claims for United States courts, and other governmental offices, be, and the same
the taking of private property and damages thereto as tbe re is hereby increased $400,000.
The amendment was agreed to.
sult of tbe improvement of tbe Mississippi River for navigation,
The bill was reported to the Senate as amended, and the
asked to be discharged from its further consideration and that
it be referred til tbe Committee on Commerce, which was amendment was concurred in. ,
The bill was ordered to be engrossed for a third reading, read
agreed to.
%
'MISSISSIPPI RIVER BRIDGE.
the third time, and passed.
THE INTERNATIONAL HARVESTER CO.
Mr. CLARKE of Arkansas. I ask unanimous consent that
the bill (H. R. 172?%) to authorize the Arkansas & Memphis
Mr. McCUMBER. I m ove-that the Senate proceed to the
Railway Bridge & ffi|rminal Co. to construct, maintain, and consideration o f House bill No. 1. I observe that the Senator
operate a bridge across the Mississippi River, Order o f Business from Indiana [Mr. K e r n ] is now present, and be gave notice
393, be recommitted to-pie Committee on Commerce.
that be would desire to speak on" the bill immediately after tbe
Tbe VICE PRESIDENT. Without objection, an order is en close of tbe morning business, f
tered recommitting tbe bill to tbe Committee on Commerce.
Mr. GALLINGER. I f tbe Senator from North Dakota will
withhold bis motion for one moment, I will state that on yester
Biliks INTRODUCED.
day the Senator from Tennessee [Mr. L e a ] offered a resolution
Bills were introduced, reiki tbe first time, and, by unanimous wbicb I asked might go over. I have examined it and see no
consent, tbe second time, and referred as follow s:
objection to it. I , presume the Senator from Tennessee may
By Mr. GALLINGER :
\
want to have it considered.
A bill (S. 5SS0) granting p%isions to volunteer Army nurses
Mr. LEA. I ask for the present consideration o f tbe resolu
of the Civil War (with accompanying paper) ; to the Commit tion.
tee on Pensions.
Mr. McCUMBER. I withhold my motion until the I’esolution
By Mr. BROW N:
\
is disposed of.
A bill (S. 5SS1) granting an increase o f pension to Jacob S.
Tbe VICE PRESIDENT. The Secretary will read tbe reso
Robey; to tbe Committee on Pensions.
lution submitted yesterday by the Senator from Tennessee.
By Mr. BROWN (for Mr. G a m b i % ) :
Senate resolution 259, submitted yesterday by Mr. L e a , was
A bill (S. 5882) to extend tbe tiH|e for tbe completion o f a read and agreed to, as follow s:
bridge across the Missouri River at V near Yankton, S. Dak., Whereas it is reported tfiat there is pending before the Department of
by the Winnipeg, Yankton & Gulf Railyoad C o.; and
Justice a settlement between the United States and the International
Harvester Co., by which the so-called Harvester Trust may be per
A bill (S. 5S83) to extend the tim epor tbe completion of a
mitted to reorganize And to bring its organization and business within
bridge across the Missouri River at Yankton, S. Dak., by the
the Sherman antitrust law as construed by the Supreme Court: Be it
Yankton, Norfolk & Southern Railway % ).; to tbe Committee
R e s o l v e d b y t h e S e n a t e o f t h e U n i t e d S t a t e s , That the Attorney
°b Commerce.
* %
General be, and he is hereby, instructed to lay before the Senate all
A bill (S. 5884) to amend section 3 of arihict entitled “ An act correspondence and information he may have upon this subject, together
and all -correspondence, information, and
the
Rw the relief and civilization of the Chippewa Indians in tbe with any Corporations relating thereto, from January reports of the
Bureau of
1, 1J04, to
State of Minnesota,” approved January 14, ^1SS9; to the Com present time.
mittee on Indian Affairs.
%
HOUSE BILL REFERRED.
By Mr. BOURNE
IL R. 21213. An act to amend an act entitled “An act to pro
A bill (S. 5885) supplementing the joint resolution of Con vide revenue, equalize
encourage tbe industries of
gress approved April 30, 1908, entitled “ Joinmresolution in the United States, andduties, and purposes,” approved August
for other
structing the Attorney General to institute certain suits, etc.; 5, 1909, was read twice by its title and referred to tbe Com
the Committee on Public Lands.
mittee on Finance.
By Mr. CLARKE of Arkansas:
SERVICE TENSIONS.
A bill (S. 5886) for the relief of Calvin G. Linvfale; to the
Mr. McCUMBER. I renew my motion.
Committee on Military Affairs.
Tbe VICE PRESIDENT. The Senator from North Dakota
By Mr. NELSON (for Mr. C l a p p ) :
\
A bill (S. 5SS7) granting an increase o f pension to Silas M. moves that tbe Senate proceed, to the consideration of House
bill No. 1.
Finch (with accompanying papers) ;
\
Tbe motion was agreed t o ; and the Senate, as in Committee
A bill (S. 58SS) granting an increase of pension t<\Eben
o f tbe Whole, resumed the consideration o f the bill (IL R. 1)
Kneeland (with accompanying papers) ; and
%
granting a service pension to certain defined veterans o f tbe
A bill ( S . 5889) granting an increase of pension to dem ent
Lovely (with accompanying papers); to the Committee on Civil War and the W ar with Mexico.
Mr. KERN. Mr. President, I rise to speak in favor o f a
Pensions.
pension bill that will settle tbe pension question for all time to
By Mr. B R A D L E Y :
A bill (S. 5890) for tbe relief of tbe estate of Ben Whitaker, come; that will forever put an end tq special pension legisla
tion; that will, when once put into operation, enable the GovSl*., deceased (with accompanying paper) ; and
X L V III------ 218
3466
CONGRESSIONAL RECORD— SENATE.
eminent to dispense with the services of thousands of examin
ers and special agents, spies and detectives—a measure which
has the support of the great majority of the soldiers of the
Nation who served in the ranks of the Union Army as privates
during the Civil War and who by the thousand are registering
their protest against the McCumber or Smoot substitute now
under consideration.
Mr. President, the last Democratic State convention of In
diana, held on April 28, 1910, was made up of more than 1,500
delegates representing every township in each o f the 92 counties
of the State. By a unanimous vote it adopted a platform of
principles in which it pledged the honor of the party that the
candidates that day nominated should, if successful, carry out
and perform, in so far as they were able, the promises therein
made. Due of those platform declarations was as follows:
We favor the immediate enactment of a pension law by Congress
providing for a pension of not less than $1 a day for all Union veterans
of the Civil War.
Maech 16
thereon; but when it was knOwn that the honor of the State
was involved there was no qfurmur of discontent, and no man
thought of charging extravagance to the legislature making the
appropriation.
i
Then, again, the taxes levied for the purpose of providing for
the care and education o f our unfortunate people—the blind,
the deaf and dumb, the soldiers’ orphans, and others of that
class—that their lives might be brightened a little, seemed
heavy and burdensome, jiut they were paid cheerfully, because
the common instincts o f humanity required it.
And so here, whether-the claim of the old soldiers rests upon
the contract obligation' of the Government or upon the ground
of gratitude and conpnon humanity, our people can never bo
brought to the beliemhat there can be extravagance in any ap
propriation of publi£ moneys for the purpose of providing for
the necessities of tge old men whose services in that great War
between the States made disunion impossible and the Union
perpetual, and mage possible that great development of -lie ma
terial resources in’ our country which has made us the richest
and most powerful of all the nations of the earth.
Mr. President, that convention also, by a unanimous vote,
nominated me as the party’s candidate for the position I now
hold. I accepted that nomination, fully advised as to the
f
AN OBLIGATION OF HONOR.
declaration of principles theretofore made by the convention,
Measured
its dealings with other creditors, this Govern
and without hesitation or mental reservation agreed that, if
elected, I would honestly and faithfully do what I could to ment has ut^rly failed to carry out the plain provisions of its
contract w iA the soldiers of the Civil War.
carry out my party promises.
The armsfes of the Union were made up almost -entirely 0f
That convention was not made up of mere politicians, but
was composed for the most part of earnest, serious-minded men poor men.j^Business men, as a rule, remained at home and made
from every walk of life, who for the time had left the plow, the money wpile clerks and employees went to war. Men who
anvil,. the shop, the office, and the store and assembled to owned firms, especially those who owned large farms, operated
declare their political faith, to express themselves upon public them \yfth great profit throughout the struggle, while the ten
questions, and as patriotic citizens organize their party for the ants ajad farm hands were urged to volunteer. Great fortunes
contest for better government and more equal and beneficial were<|made by many of those who took no part in the conflict,
for fcfce necessities of the Government were great and the oppor
laws.
The platform declaration for a dollar-a-day pension was not tunities for making money unparalleled. Contractors for sup
made as a mere empty promise to catch votes—a promise to plies of every kind waxed fat, and the manufacturers who were
be ignored and violated in the event of party success, but an subject to war taxes were given special tariff legislation, enacted
expression of the conscientious conviction of that great body of
the avowed purpose of offsetting the amounts paid by them
men that such legislation as that promised was justly due t o ; or the support of the Government, but for the real purpose of
the survivors of the war not only as a mark of gratitude, bu£ enriching them at the expense of the people.
The Government promised to pay the soldiers $13 per month
as an act of plain and simple justice to the men who in tin^F
of national stress and peril had proved their love of country J*y which was afterwards increased to $16. The contract was to
offering their lives in its defense.
pay them in dollars. They were paid in currency so depre
It was in line with the promise of “ generous pensions ” lpsfide ciated as to be worth on the average less than 50 cents on the
in the last Democratic national platform adopted at Den
dollar, so that instead of receiving the contract price of $13 and
190S and with the promises made in the platforms
$16, they actually received from about $6 to $7 per month.
political parties since the commencement of the Civil Ws
Prices for the necessaries of life were correspondingly high, and
Every delegate in that Indiana State convention
e time as a result the families of the soldiers in many instances were
he cast his vote for that platform declaration h:
mind supported largely by public and private charity.
scores of his neighbors who had served their cou
in tlie
Sir, we heard much in a recent campaign about 50-cent dol
hour of its distress now grown so old and infirm as
unable lars and the infamy of a government that would discharge a
to win bread by their labor and anxious and distr
ecanse contract obligation calling for the payment of dollars with
of their inability to provide for their necessities.
money worth only 50 cents on the dollar. The mere prospect or
They knew that the pensions of eight, twelve, a$fd even twenty prophecy that Government creditors would be compelled to re
dollars per month doled out by the Governmept with sparin_ ceive silver dollars in payment of their claims stirred the
and cautious hand to these veterans were utterly inadequate to financiers o f the Nation into frenzied action, and resulted in a
provide for their actual wants, and reeogjRzing, on the one great crusade in behalf of the national honor, which was at
hand, the great value of the services of_yfhese men to their once grotesque and tragic. On every stump and through the
country, and, on the other hand, the vaft wealth and great great newspapers it was declared that the payment of a just
ability of the Nation to deal generous^ with its defenders, debt in depreciated money was the acme of national perfidy.
could see no reason why the few remaining years of these men
Yet to-day these same financiers, with the same earnestness
should not be made at least tolerable
granting their request and zeal with which they shouted for national honor in 1896
for a pension of a dollar a day.
are denouncing as a raid on the Treasury a proposition to pay
The Republican State platform o f the same year declared to old soldiers who saved their country for them the pittance of
with the same unanimity that “ waf'believe the time has come a dollar a day, that they may have food and shelter in their old
for tye enactment of what is knojfn as a dollar-a-day pension age, and that some measure of justice be done them because in
plan for the relief of the necessijlfes of Civil War veterans.”
those dreadful days of civil war they were paid dollars worth
It will be seen that in the affeat central State of Indiana, less than 50 cents for their heroic work.
which contributes its full shardFof taxes toward the support of
Mr. President, during and at the close of that war there were
the National Government, thej® is absolute unanimity of senti two general classes of Government creditors—the holders of the
ment on the question of fullAnd ample justice to the veterans Government bonds and the men who had given up the best part
of the Civil War, so that
advocating the Sherwood pension of their lives on the march, in camp, in prison, and in battle
bill here I am representinafno party nor faction of a party but for the restoration of the Union. The first class had remained
the whole people of a greajf Commonwealth, who, without regard at home engaged in the pleasant pursuit of money making, while
to political differences, demand that the obligations of the Gov the second class had endured during all those long years all the
ernment to its defenders be fully, amply, and generously dis privations incident to the greatest war o f modern times. The
charged.
bonds issued by the Government were, for the most part, bought
And yet, Mr. President, our people are in favor of economical with greenbacks. The bonded debt of $2,049,975,700 cost the
government, and unalterably opposed to extravagant and need purchasers of the bonds at the time they were issued only
less appropriation# of the moneys collected from them by any $1,371,424,23S in money of gold value, the kind of money in
form of Federal /r State taxation. But in Indiana we do not which they were paid. There was no question but that the bonds
regard any appropriation as extravagant which is necessary to for which greenbacks were paid were payable in the lawful
maintain the honor of the State or to discharge its honest obli money of the country.
gations.
John Sherman so held, and the Republican Party of Indiana,
It has sometimes happened that the burdens of taxation be then led by Oliver P. Morton, so declared in its State platform
came onerous and oppressive when appropriations were neces in 1868. And yet, sir, the Government was so jealous of its
sary for the payment of our State indebtedness and the interest honor that in March, 1869, by the famous coin act, all such
f
1912.
0 0 N G E E 8 m 0 ^ A L REOOUD— SENATE.
Pule that has been reMr. GALLINGER. The Commissioners o f the District of
creasing salaries, independently of
the amendment.
Columbia have 70 square miles of territory to travel over, and
ferred to, I call for the yeas and n:
I think they have been allowed some kind of conveyance. 'They
The yeas and nays were not or
The VICE PRESIDENT. TW question is on agreeing to the ought to be allowed a conveyance of some kind. They have to
amendment. [Putting the qy^stion.] By the sound the ayes inspect every street in the District of Columbia and tjsre; sewage
system and every other matter relating to the interests of the
seem to have it.
people of this Capital City. They are allowed transportation in
Mr. CLARKE of Arkan^fTs. I ask for a division
The question being pm, there were on a division—ayes 17, some form or other, as are a great many other officials of the
noes 1 1 .
Government.
Mr. BRISTOW. Could the Senator front New Hampshire
The VICE PRESIDENT. The ayes have it
Mr. BACON, j/raise the point that no quorum has voted, Mr, state about what appropriation is made eqhli year for the main
tenance o f the carriages of the commissioners?
President.
The V I C E /fRESIDENT. The Senator from Georgia makes
Mr. GALLINGER. The Senator \yCl find all that in this
the point Dtat no quorum has voted, and apparently there is no bill, so far as I know.
quorum present. The Secretary will call the roll.
many things in the bill,
Mr. BRISTOW. There are a
Mr. BACON. I did not put it on that ground, Mr. President. The Senator does not expect us,
read it all to find out, and I
The VICE PRESIDENT. The Chair understands. He did supposed that the Senator fre
New Hampshire, chairman of
not mean to misstate the Senator’s position. The Secretary will the District of Columbia Coytfmittee, had that knowledge witli,out referring ns to a bill oj? over a hundred pages.
nil the roll.
The Secretary called the roll, and the following Senators \ Mr. GALLINGER. The items will be reached in due course.
I\do not think I w autjfo occupy much time in discussing the
answered to their names:
bi|l in a general wajff I have given and the committee have
Paeon
Curtis
Newlands
Smith, Ga.
Borah
Dillingham
Nixon
Smith, S. C.
giVen a great maiiYfSerious hours to the consideration of this
Bourne
du Pont
Oliver
Smoot
bill, and we have .presented it to the Senate. It has been here
Brandegee
Fletcher
Overman
Swanson
algood while, amf each Senator could have acquainted himself
Bristow
Foster
Page
Thornton
brown
Gallinger
Penrose
Townsend
with all the items if he had seen fit to do so.
Burnham
Guggenheim
Percy
Warren
/ Mr. B RIST#W . That is a very general way to avoid answer
Chamberlain
Johnston, Ala.
Perkins
Watson
in g a question. There are a great many bills before the Senate
Chilton
Jones
Poindexter
Wetmore
Clark, Wyo.
McLean
Pomerene
Williams
/fo r its consideration. The committee has, no doubt, given a
Clarke, Ark.
Martin, Va.
Rayner
Works
i great de^ff o f time to the consideration of the pending bill, and
Crane
Marline, N. J.
P.ichardson
/ I thov^ht some member could give the information for which
Crawford
Myers
Root
I have asked.
Cullom
Nelson
Simmons
Mr. FLETCHER. I desire to state that my colleague [Mr.
Mr. GALLINGER. I may state that each commissioner has
B r y a n ] is necessarily absent, and will be for several days.
a carriage or an automobile, one or the other, at his disposal.
Mr. TOWNSEND.. I wish to state that the senior Senator I know that one of the commissioikers does hot use it, because
from Michigan [M f A mtith ] is unavoidably out o f the city.he'tiaf>pens,to be a man of indepeiKlent means, and he does not
The VICE PRESIDENT. Fifty-three Senators have answered pfequir#it/ -But they are given umua&pt trattAortatkm.
to their names. A fquor.nm o f the Senate Js present
Mr. CURTIS. -May I'suggest That m$^arep5TflHx>r out of
Mr. GALLINGER.
Prej
t, Fdpesire toniCcui only a f the* -general appropriation for contingent and miscellaneous
moment infipg. In "tfie fin,
t <•/[mates, Cft is provided expenses? The general appropriation covering all the items is
thatsome $37,000.
f
All annual estimates
service shall
khmitted to
I should like to sayuto any CffTTeague fro&ktyansas that A
Treasury, and
l-he included pen to
Congress through _the Secretary <
Tl'^subcoiiiif! ittee that h /s a great deah of bfrsiu^
his direction,
in the Book of -rfstirtiates ^epar
tiih tlu#I)i strict CmmiiL si o ne r s, Mid I
This iter
stin ^ __
cmijjg ffiem
| i y n^tfflrfnd the’ streets o f the city of Washr
the Seer
tin* 1 W
C o a ^ p si'
Iigtoh examining public buildings, and we could not have done
79. It was it had not the District furnished toH ie commissioners the public
trict of
ifj& p 3'par
lie salary for Members o f the two conveyance ki which to go aroujrfrand look after the interests
fixed in
Houses of Congress No ad/ance has bee/i ngade in that salary o f the District of Columbia.
an appfopriation^WllTw^ increased our own
since that tin
If there arc* any officers y^^JSlpverninent employ entitled to
ve t|lia■ was dmfe w ia i/u t au estimate. On
salaries, an
ancofl, si rely the Pis
Coiufiiisncre}.u#(F
a
an approp
dr. BlJpST®W. i T"!5?erei
n
_a soft Sev
m^eejand we
sioner of
r
e
lit isiprovi/ing the com! _
ille Pro;- is a m e /T i i includiu
!
eral othe alaries
ages ^pr th /lr convenience, it makes the oltice more attractive
S.
/
Unite!
dent of t
than if suchf were hot provided. I am not saying they are not
the needed in jme discharge of the public duties of the commission
y in acc
But th is absolutely and
the
Senate and in ap
rules of t
ers, but ir is certainly] an element to be taken intoConsideration
e question
and I ask
the yeas and
yhjj*i it is p r o p o s e m ;inc|ea||e Lie sajtiries of tlio/(jmmm§iiiifers.
the amen
! 1 4 a i n ot/n (l4lgingfin
in endeavornays
The
ofina m tfw la t perquisites these officers have in addition to
refused.
their $5,000 a jT
ear.
Mr. S
The .PRESIDING FFICER (Mr. B r a n d e g e e in the cl r).
The VICE PRESIDENT. Is there objection to Taking the The queMion As on
reeinmto the amendment p r a is e d f1jj the
hears
[After
vote by yeas and^nays
a p i j f e P y s o r d e r e d , "
coiiiiMtuee. Jflte X
none.
tary wW
Mr. OVIilM^Vaf. M
The Secretary proceeded to call the
In the Booli /ijPMijma
Mr. FLETCHER (when Mr. B r y a n ’ s 'name was
led). I
Two comnWssfonere, Un $G,000
desire to state' that my colleague [Mr. B ry.
arily
mitted).
absent. He is paired with the senior Senator
Michigan
And then it
[Mr. Sm ith ]. I will let this announcement
day.
mendation <
Mr. BURNHAM (when his name was calle
a genhard to get
fpair^EVtf^lt^e
Mary
m it h ],
So, while
’ 'lo lff’Pny vote. If permitted
vote, I
any more t
n, in case should v o id /y e a .”
ommendati
RK of Wyoming (when his name was called). I
gee fit to increase the salary.
the Senate s'
_ ieral pair with the Senator from Missouri [Mr.
Mr. President, let the vote be taken.
Mr. GALLING
I therefore withhold my vote. I f he were present, I
ident, I said in the beginning
Mr. WORKS,
rote “ yea.”
This incr^
was not cont
0AM
am not sufficjei;
ral pfflT wTtmrlie senior Senator from South
fi not
he increased
[Mr. T i l l m a n ] , who is absent, I withhold my vote,
Cc
am op
upon that graMuM but
tr. DU PONT (when his name was called). I have a general
ore I made the point of order.
of salaries iarti/s"way,’ ------with the senior Senator from Texas [Mr. C u l b e r s o n ] . I
Mr. BRISTOW. Before the vote is taken, I snould like to
not see him in the Chamber. I therefore withhold my vote.
know whether the commissioners are furnished carriages at
I were free to vote, I would vote “ yea.”
public expense.
CONGRESSIONAL RECORD— SENATE.
3604
Mr. LEA (when liis name was called). I am paired with the
junior Senator from Rhode Island [Mr. L ip p it t ]. I transfer
that pair to the junior Senator from Maine [Mr. G ardner ] and
vote “ yea.”
Mr. SIMMONS (when his name was called). I am paired
witli the junior Senator from Minnesota [Mr. Cl a p p ], and I
withhold my vote.
Mr. TOWNSEND (when the name of Mr. S m it h of Michigan
was called). I understand that the senior Senator from Michi
gan [Mr. S m it h ], who is unavoidably absent, is paired with
the junior Senator from Florida [Mr. B r y a n ].
Mr. SMOOT (when Mr. S utherland ’ s name was called). My
colleague [Mr. S u th erlan d ] is unavoidably detained from the
Chamber.
Mr. WATSON (when his name was called). I have a gen
eral pair with the senior Senator from New Jersey [Mr. B riggs ].
I transfer that pair to the junior Senator from Missouri [Mr.
R eed ] and vote “ nay.”
The roll call was concluded.
Mr. BRADLEY. I am paired with the senior Senator from
Tennessee [Mr. T aylo r ]. I transfer that pair to the junior
Senator from Wisconsin [Mr. S teph en so n ] and vote “ yea.”
Mr. DILLINGHAM. I transfer my pair with the senior Sen
ator from South Carolina [Mr. T il l m a n ] to the junior Senator
from Illinois [Mr. L orimer ] and vote “ yea.”
The result was announced—yeas 36, nays 13, as follow s:
Bourne
Bradley
Brandegee
Brown
Chamberlain
Crane
Cullom
Curtis
Dillingham
YEAS— 36.
Fletcher
Newlands
Foster
/ Nixon
Gallinger
Oliver
Johnston, Ala.
Overman
Lea
Owen
McLean
Page
Martin, Va.
Penrose
Percy
Martine, N. J.
Nelson
Perkins
NAYS— 13.
Crawford
Pomerene
.Tones
Smith, Ga.
Kenyon
Smith, S. C.
Myers
Watson
NOT VOTING— 42.
Kern
Davis
Dixon
La Follette
du Pont
Lippitt
Gamble
Lodge
Lorimer
Gardner
McCumber
Gore
O’Gorman
Gronna
Guggenheim
Paynter
Rayner
I ley burn
Reed
Hitchcock
Shively
Johnson, Me.
Poindexter
Richardson
Root
Smoot
Swanson
Thornton
Townsend
Warren
Williams
Makcii 19,
ferred from per diem roll) .$1,440” ; in line 19, after the word
“ each,” to insert “ four at $840 each” ; and,, in line 20, before
the word “ at,” to strike out “ six ” and insert “ two,” so as to
read :
Purchasing division: Purchasing officer, who shall hereafter, under
the direction of the commissioners, supervise the purchase and distribu
tion of all supplies, stores, and construction materials for the use of the
government of the District of Columbia, and who shall give bond in such
sum as the commissioners may determine, $2,730; deputy purchasing
officer, $1,700; computer (transferred from per diem roll), $1,440 •
clerk, $1,500; clerks— 1 at $1,300, 6 at $1,200 each, 3 at $900 each, 4
at $840 each, 2 at $720 each.
The amendment was agreed to.
The next\amendment was, in the item of appropriation for the
maintenance of the purchasing division, on page 3, line 25, be
fore the word “ dollars,” to strike out “ four hundred and
eighty ” and insert “ six hundred ” ; in the same line, after the
word “ dollars” where it occurs the second time, to strike out
“ inspector, $780,” and insert “ inspector of materials, $900 ” ;
on page 4, line 4, before the word “ inspector,” to strike out
“ two laborers,\at $600 each,” and inseft “ two clerks, at $720
each ” ; and in lane 6, after the word “ dollars,” to insert “ tem
porary labor, $150 ” ; so as to read :
Driver, $600; inspector, $900; inspector
materials. $900; 2 clerks
at $720 each; inspector of property, $936 ; property-yard keeper, $1,000 ;
inspector of materials, $1,200; temporary labor, $150.
The amendment's was agreed to.
i
The next amendment was, on page 4, after line 7, to insert:
Hereafter whenevei\ any bid or proposal for any work, material, or
pplies shall be accepted by the Corotnissioners of the District of
Columbia and a contract therefor is required to be signed by them, every
h contract may be Signed, sealed, and delivered in the name of and
foil and on behalf of the District of Columbia when signed by a majoritylof said commissioned.
r. GALLINGER. \I move to Strike out the words “ when
sigfed ” in line 13. It ts a duplication of language.
e PRESIDING OFFICER. Without objection, the amendmelt to the amendment \s agreed, to.
Works
r. WORKS. Mr. President, j make the point of order with
repiect to this clause th|t it is general legislation. I under
stand the law now provides that, the action of the commissioners
njhst be unanimous. This'is an]effort to change the law in that
Simmons
spect, and it seems to m& to jbe quite important. Certainly it
Smith, M d:
Smith, Mich.
general legislation on that subject.
Stephenson
Mr. GALLINGER. Mr. President, the reason for this proStone
vision is that at certain seasons of the year one of the commisSutherland
Taylor
jj sioners is absent. Like most 6f the rest of us they take a vaca
Tillman
tion, and as at present the business of the District is greatly
Wetmore
interrupted by not having t^e ^entire board all the time in the
District of Columbia. It isfnofta matter of consequence to me
at all, but in the administration of the office of the commis
So the amendment was agreed to.
The next amendment of the Committee on Appropriations was, sioners it is very important. It trust the Senator from Cali
in the item of appropriation for the maintenance of the Ex fornia will not make a ppint oniorder against this provision,
ecutive Office,” page 2, in line 4, before the word “ dollar's,” to because it does no harm fo anyb&ly, and it facilitates greatly
strike out “ two hundred and eighty ” and insert “ six hundred the administration of the lousiness Y)f the Dist rict.
and thirty-six ” ; in line 5, before the word “ thousand,” to strike
Mr. WORKS. I make It, Mr. President, because I understand
out “ five ” and insert “ six ” ; lffijine 12, before the word “ hun that this amendment grjfew out of the fact of a dispute upon
dred,” strike out “ four ” and insert “ five ” ; and in line 15, that very question, whqye the parties were unable to procure
before the word “ hundred,” to s^ike out “ three ’/ and insert unanimous consent, and! that the object of this provision is to
“ four,” so as to read:
meet that condition, not the mere faVt that it is inconvenient
Executive office : Two commissioners, %t $6,000 eaclf ; engineer com in the dispatch of business. I may irp misinformed in respect
missioner, $636 (to make salary $6,000)1; additionaiycompensation for to that.
two assistants to the engineer commissioner, detailecDTrom the Engineer
Mr. GALLINGER. jlf there was trouble, the trouble grew out
Corps of the United States Army, under art of Congress approved June
11, 1878, two at $250 each ; secretary, $2,400 ; twqrassistant secretaries of the present situation, where unanimous concurrence is re
to commissioners, one at $1,500, and onft at &jf,200; clerks— one at quired, and one of tlje commissioners mis absent on his vaca
$1,600, one at $1,500, one at $1,400.
tion. They are permitted 30 days leave. \
The amendment was agreed to.
Mr. WORKS. Mynnformation is quite Vo the contrary, I will
The next amendment was, in the itemiiJf appropriation for the say to the Senator from New Hampshire! It is that the com
maintenance of the “ executive office/yln page 2, line 18, after missioners were present and were unable tq secure the necessary
the word “ dollars,” to strike out
at $840, one at $720,” unanimous consent, And that it resulted in quite a little dissatis
and insert “ two at $840 each” ; an
line 20, after the word faction.
“ messengers,” to strike out “ one jtt
and insert “ two at
Mr. GALLINGER. If that be so, of course the Senator does
$600 each,” so as to read:
not cure that condition by insisting that tlie law shall remain
Two at $1,200 each, one who
all be
stenographer and type- as it is.
/
\
writer, $1,000, two at $840 each, o: at $600 messengers— two at $600
Mr. WORKS. My judgment about it is that there should be
d typewrit ;r, $840 ; two drivers, at
each, one at $480; stenographer
unanimous consent, or I would not make the, point against the
$600 each.
amendment.
The amendment was agre/d to.
Mr. GALLINGER. Well, Mr. President, I-submit it to the
The next amendment was/on page 3, af|er line 3, to insert:
Chair.
Medicines, surgical and ho^ital supplies, $4000.
The PRESIDING OFFICER. The point of o/der is sustained
The amendment was agreed to.
Evidently it is legislation. The Secretary will [proceed with the
The next amendment jvas, on page 3, after line 5, to insert: reading of the bill.
Allowance for team, at $30 per month, $360. \
The reading of the bill was resumed. The next amendment
The amendment was agreed to.
\
of the Committee on Appropriations was, on page 4, line 18
The next amendment was, on page 3, line 8, after the word after the word “ buildings,” to insert “ one at $1,400; two at
“ shall,” to insert “ hereafter ” ; in line 15, before the word $1,300 each ” ; in line 20, before the word “ at,” to strike out
“ hundred,” to strike out “ six ” and insert “ seven ” ; in the “ eleven ” and insert “ eight ” ; in line 24, after the word “ dol
same line, after the word “ dollars,” to insert “ computer (trans- lars,” to strike out “ two civil engineers or computers, at $1,500
1912.
CONGRESSIONAL RECORD— SENATE.
each ” and insert “ civil ..engineer or computer, $1,600; civil
engineer or computer, $1,500,” so as to make the clause read:
Building inspection division : Inspector of buildings, $3,000; princi
pal assistant inspector of buildings, $1,800; assistant inspectors ' of
buildings— one at $1,400, two at $1,300 each, eight at $1,200 each;
fire-escape inspector, $ 1,4 0 0; temporary employment of additional as
sistant inspectors for such time as their services may be necessary,
$3,000 ; civil engineer or computer, $1,000 ; civil engineer or computer,
$1,500; chief clerk, $1,500 ; clerks— one at $1,050, one at $1,000, one
(who shall be a stenographer and typewriter) at $1,000, one at $90 0 ;
messenger, $480 ; assistant inspector, $1,500.
The amendment was agreed to.
Tiie .jJia^^frWf^nc^ncnY wasT"oif”plT£A 5, after line 7, to sti
Hereafter one-half of the fees collected on account of permits, cer
tificates, and transcripts of records issued by the inspector of buildings
" the District of Columbia shall be paid into the Treasury to the credit
the United States.
WILLIAMS. I should like to ask the Senator-'nrtffiSrge
of t
l
it_niir
-> inclusive, were stricken outA
->
It seems to me, if we are proceeding upon the theory— and \ro
ore, and I think we ought to— of paying half of the expense*'of
the District o f Columbia, we ought to receive one-half
the
receipts that come in from the fees and transcripts and Certifi
cates and permits.
/
Mr. GALLINGER. This was stricken out for the purpose of
throwing into conference a controverted question. Thfe commit
tee are not clear that this is a proper disposition to jfiake of the
question. Heretofore all these fees have gone in to /h e treasury
of the District of Columbia. My personal judgmght is that in
stead of taking one-half the fees, if we are going to make any
change in the present system, the salaries o f Hie officials who
do this work ought to paid by the District o f Columbia. The
present provisional the House bill— and ther£ is a still further
provision along thevsame line— will undoubtedly add consider
ably to the revenuesV f the General Government and deplete the
District revenues to ttoat extent. But it is a question whether
or not we should take hue-half the revenues-----Mr. WILLIAMS. Is there any scheme on foot to put these
officers on salaries instead, o f fees?
Mr. GALLINGER. They are not the salaries of the officers,
but the fees coming from tyie citizens. As an illustration, a
permit to lay a sidewalk is otie-half paid from the treasury of
the District of Columbia------ \
Mr. WILLIAMS. I just wanfvto say this-----Mr. GALLINGER. I f the Senator will allow me to conclude
the sentence, I remarked that, as yin illustration, when a side
walk is laid a permit is issued. fo \ it and a fee is exacted to
some extent. That s id e w a lk is paid for one-half out o f the
Treasury and one-half by the citizens!' That is the class o f fees
this item refers to.
f
\
Mr. WILLIAMS. Yes, I see.
We have nothing o f
Mr. GALLINGER. Not fees to officer
that kind, so far as I know, in the Distri
but transcripts of
Mr. WILLIAMS. It /i s not only tha
records issued by the inspector o f buildings, all permits and
certificates, are charged for.
Mr. GALLINGER. It may be that the House provision is a
wise provision, but after all we have been going along on the
balf-and-half system and these fees have been' turned into the
treasury of the District of Columbia. Now the House has
raised an issue. It may be a wise issue, but the committee
wanted to confer with the House Members abouB it in confer
ence and try ta- adjust the matter equitably and satisfactorily
all along the lifie.
Mr. WILLIAMS. Does the Senator think there will be a free
and full conference on the subject?
Mr. GALLINGER. I have not any doubt with reference to
the District'bill. We have a conference extending over a good
many day^l, and we always reach, as we believe, wise conclu
sions.
/<
s
,
Mr. WILLIAMS. I know that before I reached this very
exalted station, when I was a Member o f the House. I found
that when we went into conference with the Senate, unless
there/w as unanimous consent on the part o f 92 Senator's we
could not prevail in conference; in other words, the Senate Confere* s never divided. I do not know what they are doing now,
but they stood by one another.
\
/Air. GALLINGER. Oh, the Senate-----Air. WILLIAMS. I just want to say this, Mr. President: I
Want to see Washington the best governed, the most beautiful,
and the most liberally treated city in tjie world. I think it
deserves to be all of that, because it is the capital of this great
country. I believe in the half-and-half principle o f running
the District for very many reasons, which I shall not enter
into now. I think we ought to make o f Washington the model
city o f the United States in its schools, in its sanitary arrange
ments, in its cleanliness, in its police and fire protection, and in
3605
every other w ay; but I think that the inhabitants o f the District
of Columbia, if the Senate will excuse a plantation phrase, ought
to “ tote fair,” and if we are going to pay for half o f all the
expenditures in the District, then these little driblets— they do
not amount to much— which are paid by the citizens o f the Dis
trict for public services, permits, certificates, transcripts, and
so forth, ought to be divided half and half, too; and I think it
is better fbr the District that they should be divided, because
there will then be less chance of arousing prejudice and an
tagonism toward the half-and-half principle which hitherto has
regulated our. legislation. So that in the interest of the Disrict itself, it seems to me, we ought not to be picayunish about
'j.viding the receipts while we are dividing the expenditures;
id I hope that when the matter com es'back from conference
will be found that the House conferees have overpersuaded,
o use another plantation phrase, the Senate conferees in this
regard.
Air. GALLINGER. I will say to the Senator that the House
conferees are very much in the habit of overpersuading the Sen
ate conferees. In every bill since— —
f
Air. SAIITH o f Georgia. Air. President-----Air. GALLINGER. I f the Senator will permit me a mo
ment— in every bill that I have had anything to do with the
House conferees certainly have got their share in the matter
of amendments. I simply want personally to try to have this
matter adjusted. There, is an agit/ition which, in my opinion,
unless there is some adjustment of the matter, will destroy the
half-and-half principle ubon whiih we have been operating
since 1S79. If we can equitably arrange it in this bill, it will
be, in my judgment, a very wise thing to do. That is what I
want to d o; I want to do it.fa irly; and I think we will be able
to accomplish that.
Air. SMITH of Georgia. Air. /President, I should like to ask
the Senator if he does not think it right that this money should
go into the General Treasury; and if so, why should we not
make the proper record now instead o f disagreeing with some
thing proper that the House has done?
Air. GALLINGER. I have said* Mr. President, that I am not
at all sure that this is the best Way to do it. Aly impression
has been that where the General Government pays one-half of
the salaries of the officials o f a District office in which fees are
collected, instead of taking-one-half-the receipts and depleting
the District revenues to th*t extent, and possibly preventing the
development that the Senator from Mississippi and I are so
anxious for, it might be a more equitable way for the District
to pay the salaries o f that office and then take all the revenues
derived from i t ; but I want to consult wi\h the House conferees
on that very point.
Air. W ILLIAMS. N<#v, as a matter o f 'fact, in these partic
ular cases the fees, if £ may call them suab, do not go to the
officers; they go into the treasury of th(\ D istrict; but the
L
collected are paid
identical officers in whose names the fees
filed States pays
salaries, and the Geqjbral Treasury of the
one-half of those salaries.
Air. GALLINGER./ That is correct.
Air. SAIOOT. A nd gets no part of the fees? .
Air. WILLIAMS. And gets no part o f the recs. They are
already upon a salary basis; the General Government is paying
half o f the salaries. Now, as a matter o f fact, ’these fees do
go very largely toward making up the amounts\paid out in
salaries. Possibly in some cases they make up niore than is
paid out in salaries ; and it seems to me that one oft two things
ought to take place—either the District treasury should receive
the fees and pay the salaries or else both treasuries ought to
receive the fees and out of both treasuries the salaries should
be paid. I think it is fair that the latter o f the % o plans
should prevail, because then automatically the halfyind-lialf
principle prevails, whereas M all the receipts go into Hie Dis
:
trict treasury and there is a difference between, receipts and
expenditures/the half-and-half principle no longer prevails.
Air. GALLINGER. The Senator may be right, and I kssure
him that, so far as I am concerned, it will be given very clreful
consideration. I have no prejudice about it at all, o ily I
think this As a good time to adjust the matter, and the''only
way to do it is to throw the matter into conference. Tkere
are one or two other items along the same line.
Air. SMITH of Georgia. Would the Senator give us kie
amount annually covered by this provision?
Air. GALLINGER. I can not now do so, I will say to the SeAator from Georgia.
Air. SAIITH of Georgia. Well, substantially.
Air. GALLINGER. I say I can not.
Air. SMITH o f Georgia. Did the Senator state that it in
cluded the one-half paid by the property holders for sidewalk
improvements?
3606
CONGRESSIONAL RECORD— SENATE.
SlAEon 19,
At 1 o’clock and 41 minutes ,p. m. Mr. CRAWFORD entered
Mr. GALLINGER. I am not so sure now about that, but I
the Chamber and responded to his name, voting “ yea.”
tliink it does.
At 1.43 p. m. Mr. PENROSE entered the Chamber and re
Mr. SMITH of Geor gia. I understood the Senator to say that
sponded to his name, voting “ yea.”
it did.
At 1.44 p. m. Mr. PERCY entered the Chamber and said: I
Mr. GALLINGER. Yes; I think it does.
Mr. SMITH of Georgia. Then, it must be quite a large sum. am paired with the senior Senator from North Dakota [Mr.
Mr. GALLINGER. Oh, quite a%hm. It will be given very M cC u m b er ]. I transfer the pair to,the Senator from Indiana
[Mr. Shively] and will vote. I vot£ “ nay.”
careful consideration.
At 1.45 o’clock p. m. Mr. NEWLANDS entered the Chamber
Mr. SMITH of Georgia. Then, Mr. President, it seems to me
/
that we put ourselves in a very peculiar position if we decline and voted “ yea.”
At 1.46 o’clock p. m. Mr. BQRAH entered the Chamber and
to agree to this proposition because the House inserted it. It
is clearly right; and if it is right, why should we make a wrong voted “ yea.”
At 1.47 o’clock p. m. Mr. RAYNER entered the Chamber.
record lienf on it V I think the provision ought to remain in
The PRESIDING OFFICER/ Has the senior Senator from
the bill, anti we ought not to strike it out.
Mr. GALLINGER. I hope the amendment may prevail, so Maryland voted?
Mr. RAYNER. He has not
that the matteft may be more calmly considered by the confer
The PRESIDING OFFICER. The Chair recognizes the Sen
ence committee than it can be in the Senate.
ator from Maryland.
Mr. WILLIAMS. Nobody is excited.
Mr. RAYNER answered “ present”
Mr. SMITH of Georgia, :1s there a place where considera
At 1.48 o’clock p. m. Mr. CLARKE of Arkansas entered the
tion can he calmer than it is in the Senate? [Laughter.]
Chamber and voted “ nay.”
The PRESIDING OFFICER. The question is on agreeing to
At 1.49 o’clock p. m. Mr. FOSTER and Mr. THORNTON en
the amendment reported by the committpe. [Putting the ques
tered the Chamber and each voted “ yea.”
tion.] By the sound the “ ayes” appeal/ to have it.
The result was announced—yeas 35, nays 13, as follow s:
Mr. SMITH of Georgia. I ask for* a /division. I understand
the amendment strikes out the House provision.
YEAS— 35.
The PRESIDING OFFICER. The amendment strikes out the ■Tforah
Smoot
Nixon
Dillingham
Oliver
Sutherland
language in the House bill, and the Senator from Georgi.y Bourne
Fletcher
Swanson
Page
Foster
Bradley
thinks it ought to remain in the bill. /
Thornton
Penrose
Gallinger
Brandcgee
Mr. SMITH of Georgia. Yes; and the Chair was about/to Brown
Perkins
Townsend
.Tones
Poindexter
Warren
McLean
decide that the “ ayes ” prevailed, and that the amendment \fns Crane
Martin, Va.
Pomercne
Wetmore
Crawford
agreed to.
Nelson
Works
Richardson
Cummins
The PRESIDING OFFICER. In the opinion of the Clfiir, Curtis
Root
Newlands
the “ ayes” carried it.
NAYS— 13.
Mr. SMITH of Georgia. Upon that I demand a division
Percy
Williams
Lea
Bristow
The PRESIDING OFFICER. The Senator from Georgia asks Chamberlain
Martine, N. J.
Smith, Ga.
/Myers
Smith, S. C.
for a division.
/
Clarke, Ark.
Watson
Mr. GALLINGER. Mr. President, we had better hav< the Johnston, Ala. v Owen
NOT VOTING— 43.
yeas and nays.
Cullom
Johnson, Me.
Bacon
Rayner
The yeas and nays were ordered, and the Secretary proceeded Bailey
Davis
Kenyon
Reed
to call the roll.
Dixon
Kern
Bankhead
Shively
du Pont
La Follette
Simmons
Mr. SIMMONS (when his name was called). I have a gen Briggs
Gamble
Lippitt
Smith, Md.
eral pair with the Senator from Minnesota [Mr. Clapp]. Iijh is Bryan
Lodge
Burnham
Gardner
Smith, Mich,
absence I withhold my vote.
Stephenson
Lorimer
Burton
Gore
Stone
Gronna
McCumber
Mr. TOWNSEND (when the name of Mr. Smith of Michigan Chilton
Taylor
Guggenheim
Clapp
O’Gorman
was called). I desire to stale that the senior Senator fro
Tillman
Overman
Clark, Wyo.
Ileyburn
Michigan [Mr. Smith] is paired with the junior Senator froir Culberson
Paynter
Hitchcock
Florida [Mr. B r y a n ] , and 1 wish this statement to stand on
So the amendment was agreed to.
all votes to-day.
A
e reading of the bill was resumed.
Mr. LEA (when Mr. T a y l o r ’ s name was called). The senior
The next amendment of the Committee on Appropriations was,
Senator from Tennessee j?Mr. T a y l o r ] is detained from the
on page 5, after line 15, to insert:
Chamber by illness.
For the purchase
one mot/r vehicle for the offi
Mr. WATSON (when pis name was called). I again trans cial use only of theand maintenance of building-/division in inspection
employees of the
fer my general pair with the senior Senator from New Jersey work, or so much thereof as may he necessary, $/,500.
[Mr. B riggs] to the junior Senator from Missouri [Mr. R eed],
The amendment was agreed to.
and I will vote. I vote “ nay.”
The next amendment was, on page 5, lifie 22, before the word
The roll call was concluded.
“ dollars,” to strike out “ four hundred ’’/and insert “ four hun
Mr. BURNHAM. I have a general pair with the junior Sena dred and fifty ” ; on page 6, line 3, before the word “ dollars,”
tor from Maryland [Mr. Smith]. In his absence I withhold my to strike out “ one thousa'nd seven hundred ” and insert “ two
vote. If I were at liberty to vote I should vote “ yea.”
thousand” ; and in linen, before the word “ dollars,” to strike
Mr. DTI PONT. I have a general pair with the senior Sena out “ three hundred ” and insert “ ope hundred and fifty,” so
tor from Texas [ Mr/ Culberson | A s he is not present, I with as to make the clause read:
.
/
hold my vote. I f I were free to vote I would vote “ yea.”
Inspec or of plumbing, $2,000; prinPlumbing inspection divisi
Mr. BRADLEY. I have a pair with the senior Senator from cipal assistant inspector of lumbing, ,i 1,550; assistant inspectors of
l i ; clerk, $1,200; temporary emTennessee [Mr. Taylor], which I transfer to the junior Senator plumbing— 1 at $1,200, 4 at
additional assistan
for
from Wisconsin [Mr. Stephenson] and will vote. I vote “ yea.” ployment of as their services inspegitors of plumbing and laborers __
such time
_
be necessary, $2,000; draftsman,
Mr. DILLINGHAM. The general pair which I have with the $1,350 ; sewer tapper, $1,000 ; clA-k, $900 ; three members of the plumbsenior Senator from South Carolina [Mr. T illman] I trailsfer ing board, at $150 each; maintenance of motor cycle, $120.
to the junior Senator from Illinois [Mr. Lorimer], the transfer
The amendment was agreedVto.
to stand for all votes to-day. I vote “ yea.”
The next amendment was, 0a page 6, line 9, to increase the
Mr. LEA (after having voted in the negative). In voting, total appropriation for the main\enance of executive oflice of the
I should have stated that I have a general pair with the Sena District of Columbia from Snl2,\86 to $121,872.
tor from Rhode Island [Mr. L ippitt], which I transfer to the
The amendment was agi;£od
junior Senator from Maine [Mr. Gardner]. I make this an
The next amendment wafe, in th<\ appropriation for care of the
nouncement for the day.
District Building, on page 6, line^4, before the word “ clean
Mr. PERKINS (after having voted in the affirmative). I ers,” to strike out “ thirty ” and insert “ thirty-six,” so as to
have a general pair with the Senator from North Carolina read:
[Mr. Overman]. He is a member of the Committee on Appro
Two chief cleaners, wbb shall also ha's charge of the lavatories, at
priations, and voted to report the pending bill, and I assume $500 each; 36 cleaners,, at $240 each.
he is in favor of this amendment. Therefore I will let my vote
The amendment was agreed to.
stand.
The next amendment was, on page
line 3, to increase the
The PRESIDING OFFICER. On this question the yeas are total appropriation for the care of listrict Building from
29, nays 11. Not a quorum of the Senate has voted.
$36,530 to $37,970.
Mr. GALLINGER (at 1 o’clock and 39 minutes p. m.). I
The amendment was agreed to.
move that the Sergeant at Arms be directed to request the pres
The next amendment was, in the appropriation for the main
ence of absent Senators.
tenance of the assessor’s office, on page 8, line 5, after the word
The motion was agreed to.
“ dollars,” to insert “ record clerk, $1,800,” find in line 8, before
\
CONGRESSIONAL RECORD— SENATE.
1912
3677
p e r h a p s iiy ^ fr t j^ t iin e s a s m u c h o u t o f th e T r e a s u r y a s a ll th e
h a t e p ^ jis io h b ills w e s h a ll p a s s a t t h is s e s s io n .
T h a t b ill
s s e d T n e S e n a te t o -d a y a f t e r a b o u t 2 0 m in u te s ’ d e lib e r a tio n ,
” ' '
'1
d
S e n a to r
n o t s o c a r e f"u l l y i n t e r e s t e d in it as to hav£
.......... ^ l c e
i t e m s c t f n m a f l a n d y e t i t w i l la agreat many miljidii.
May
[M r s o u t o ^ th fir T r e a s u r y .
J ' „ iTiJk the Senator from
tm
wjp
haw;5mu(d: is ei#ied»by*the '-'Jl1 ta wldchr“i refer W " /
he rail l<
v ir /r ^ n v iifs -/'
/
/ / M
^r.
This bill .ayCcariy .a fe^Cbrmdrtfd Th<»l':
.1ai'f;.U ,
R
. 1(1 ------ ^
^
anff I submit thVef vmm
tlKfcare we give to the consideration of those bills it hardly
seems fair to ask for a separate vote or a division on each or
d call for a quorum upon each. Every Senator knows that if
the Senator from Georgia follows such tactics we can not get
through with these bills duria^Rie entire summer.
SMITII o f Georgia. M v
PRESIDENT. ' r
J
to r n 1°lS tactics to a n y /o i amendment proposed by the Sen;
,e
+i
ow, them to such anfexi retaining the floor, o f course.
glve uf aByJP ea /
Mr. SMITH of Georgia. I do i
on bills he expects to / p o r t ' - The VICE PRESIDENT. No.
Mr. McGUAIBER. UM; maj
The S e c r e t a r y . On page 2 it
pending upon the leurth o f Rne 19 to line 22, inclusive, as fo
link I a n answer that question.
Tom th# bill the name of such a
an a^er it has passed and beoei^hen ?
uise, upon tne
j payment would not be made.
I wish to say to the Senate
____
/ J^The names of such persons are
came to us during the s p ir a l session, and they were considered, stricken out, either here or 111 the House, and if we should
t° a considerable extent, fl>s*Hie committee during the special inadvertently pass a bill containing the name of a deceased
session last year. Thereforetftfcwa»jvei'e a great many more person, the Pension Bureau would soon find out about the per
ready for this session in the beginning than ordinarily is the son’s death, and when he died, and nothing would accrue to
case, because we had all the summer, while the Senat&'was in him.
session, to consider those bills. But we probably, judging from
Mr. SMITH o f Georgia. I f the claimant subsequently died,
Past experience, will report during the session frogtf 3,000 to the pension would stop.
3,500, depending upon the length o f the session. T h /H o u se has
I shall not detain the Senate longer on my motion to strike
already passed 1,500. The Senate committee has reported about jw t this particular clause.
800.
X
/
/
The VICE PRESIDENT. The question is on agreeing to the
Mr. SMITH oft Georgia. The Senator means / i a t there wia_ jjipfion c f the Senator from Georgia to strike out.
be about 3,000 altogether passed—House bills apd Senate billsT*
Mr. McCUMBER. On that I ask for the yeas and tuiy^s.
Mr. GALLINGK* 1 Both.
.
/
The yeas and hays were ordered, and the Secretary'-pro
Mr. SMITH of Georgia. Of course, I realize the fact that ceeded to call the roll.
/
some of the persoias named in these bills^niave passed away
Mr. JOHNSTON of Alabama (when the name of Mr. CA am b e b l a i n was called).
The Senator from Oregon has been called
from the Chamber on an important matter.
i
Mr. CURTIS (when his name was called). I am paired with
the Senator from Maine [Mr. G a r d n e r ] , but am informed that
if he were here he would vote the same way that I would vote.
I will therefore vote. I vote “ nay.”
£
Mr. DU PONT (when his name was called). I jative a general
pair with the senior Senator from Texas [Mr. jPTjmjkrson] . I
do not see him in the Chamber, and therefore I Will withhold my
vote. If I were free to vote I should vote ‘“Any.”
Mr. GALLINGER (when his name was ca$ed). I have a gen
eral pair with the Senator from Arkansas [Air. C l a r k e ] , For
that reason I withhold my vote.
j£
Air. McCUMBER (when his name was called). I am paired
with the senior Senator from Mississippi [Air. P e r c y ] . I will
transfer that pair to my colleague, the junior Senator from.
North Dakota [Mr. G b o n n a ] andgWote “ nay.”
Mr. OLIVER (when his name was called). I inquire if the
Senator from Oregon [Air. Chamberlain ] has voted.
The VICE PRESIDENT. JTe lias not voted.
Air. OLIVER. I have a j^neral pail* with the junior Senator
from Oregon, but it is understood between us that we would
probably vote the same JFay on these pension bills, and I am
therefore at liberty to dote. I vole “ nay.”
All*. SAIITH o f AlielJ?an (when his name was called). I am
paired with the junidT Senator from Florida [Mr. B r y a n ] , I
transfer that pair # the junior Senator from Wisconsin [Mr.
COu‘ 2
? ^ °°
lI t* 1
™
lengtlAM th(
? a r if g
T h e n a m e o f A b n e r F . C le m e n t , I
ment M a in e V o l u n t e e r I n f a n t r y , and
$24 p e r month in lieu o f that h e is no w r e c e iv i n g .
is n9 such proportion of deailis among the soldiers
licljsfgoes to substantiate w h a\ l have claimed, that
*e «-y to reach the cases of tie greatest exigency,
is /li stress and where there isVickness, and if we
J t on the side o f our better emotions and from a
itptude to those who were tlie\defenders o f our
Mt so many o f them die before vV can get any bill
jbfit entirely considered that we ikust strike out a
claimants is evidence that they aV> iu necessitous
s as a rule, and need the reliefViroposed to he
3678
CONGRESSIONAL RECORD— SENATE.
March 20,
PENSIONS AND INCREASE OF PENSIONS.
Mr. BURTON. I have a general pair with that Senator to
day, and not being sure how he would vote on this question, I
Mr. McCUMBER. I move that the Senate proceed to the
withdraw my vote.
consideration of the bill (H. R. 14918) granting/pensions and
Mr. BRADLEY. I am paired with the senior Senator from increase of pensions to certain soldiers and sailor’s of the Regu
Tennessee [Mr. T aylor].
lar Army and Navy, and certain soldiers and sailors of wars
The result was announced—yeas 6, nays 39, as follows:
other than the Civil War, and to widows of such soldiers and
sailors.
YEAS— 6.
Bacon
The motion was agreed to; and the Senate, as in Committee
Williams
Johnston. Ala.
Smith, Ga.
Fletcher
Martin, Va.
the Whole, proceeded to consider the bill, Jvhieh had been
reported from the Committee on Pensions with Amendments.
NAYS— 39.
dr. SMITH of Georgia. Mr. President, I lesire to suggest
Root
Curtis
Nelson
Smith, Mich.
Nixon
Gallinger
thitt we take up this? bill as in Committee of {aie Whole, that it
Smoot
Oliver
Heyburn
be read paragraph by paragraph, and that wefhave a vote para
Sutherland
Owen
Jones
Thornton
graph by paragraph on it.
/
Page
Lea
Townsend
Penrose
Lippitt
The VICE PRESIDENT. Is there objection, then, to dis
Watson
Percy
McCum
ber
pensing with the fonnal reading of the bill| The Chair hears
W
etmore
Perkins
McLean
W
orks
note.
Poindexter
Martine, N. J.
Pom
erene
Myers
Jlr. McCUMBER. i Mr. President, I rise/again to a point of
NOT VOTING— 40.
orfler, because we flight as well settle] the question as to
Shively
Kenyon
Davis
nfnether, in the consideration of a bill—not of amendments, but
Bailey
Sim ons
m
Kern
Dillingham
Bankhead
the consideration df the bill itself—wei^ayvote upon the Liu
Smith, M
d.
La Follette
Dixon
Bourne
:em by item where inhere are no amendments offered. It does
Smith, S C.
Lodge
du Pont
Bradley
Stephenson
Lorimer
Foster
Bryan
seem to me that if we adopt that as ajprecedent it certainly
Stone
Newlands
Gamble
Burton
will come back to plague us in the future. For instance, if ;i
Swanson
O'Gorman
Gardner
Chamberlain
tariff bill were to be ftaken up from t l j beginning to the end
Overman
Taylor
Gore
Clapp
Tillman
Paynter
Gronna
Clarke, Ark.
with special relation |o each item, we fnight vote one item in’
Warren
Guggenheim
ltayner
Crawford
we might vote the nejft item out, and /the next one in, and so
Ileed
Hitchcock
Culberson
forth, and we certainly would have a T-onderful conglomeration
Richardson
Johnson, M
e.
Cummins
The VICE PRESIDENT. The Senator from Delaware [Mr. when we got through iwith the bill. Then, instead of the bill
passing by a single vo|e, we are passing a single bill by piece
d u P o n t ], the Senator from Wyoming [Mr. W a r r e n ] , the Sen
ator from Ohio [Mr. B u rto i 4 ], and the Senator from Kentucky meal in several votes. |
It seems to me, Mr. |President, that we have got to have a
[Mr. B r a d l e y ] , all present, announcing that they refrained
from voting because of being paired, make a quorum present. final vote, and the finalfvote has to p c one single vote upon the
bill. But if this proposition is a correct method of dealing with
The “ nays ” have it, and the amendment is rejected. The ques
all kinds of bills that ale made u| of more than one item, in
tion is on the engrossment and third reading of the bill.
Mr. SMITH of Georgia. Mr. President, the motion which I stead of passing the billuiy a singge vote we are passing it per
haps by. a dozen or by a thousand/ or, if a tariff bill, by five or
r
just made to strike out applied to the case of-----Mr. BACON. If my colleague will pardon me a mpment, I ten thousand separate votes uponfthe final passage of the bill
\i
do not desire to raise the point now with a view to j. present That certainly seems to m to be Incongruous.
The VICE PRESIDENT. T l* Senator from Georgia, of
decision and only mention it in order that it may pbt be con
course, can reach the same\objec| by moving to strike out each
strued into a consent.
/
I wish to say most respectfully that I utterly disagree with paragraph as it is read. If The Sienator is willing to adopt that
the Chair and, with doddle respect, I consider it jfo be beyond mode of procedure, very well. Otherwise the Chair will submit
his authority in announcing a quorum when the Tailing of the the question to the Senate,! as| he intended to do heretofore.
roll did not disclose it; an nothing short of tho/voting “ yea ” Whichever course the Senator desires is open to him.
Mr. SMITH of Georgia. ferfcept the difference is this, Mr.
um in the Senate upon the call
or “ nay ” can constitute a
President. It has been sugge|t£d to me by my colleague that the
of the yeas and nays.
I did not wish it to pass sulYsilentio and in at way possibly effect is just the same.
ertainly.
The VICE PRESIDENT.
be cited in future as a precedent in which
nate had acquiMr. SMITH of Georgia,
the effect is not the same to this
esced. The matter has been tmnshed out
■ to fore, and the
e
ut is subject to a motion to lay
differences on this subject are weU understo
I did not think it extent. A motion to stril
rid of very readily, while, on the
proper to let it pass without me%tionin
dissent as to that on the table and can be
other hand, if the paragra
tself were to be voted upon, that
ruling.
The VICE PRESIDENT. The junior/Senator from Georgia course could not be follow
I suggest that difference?in this particular instance because I
will proceed.
J
Mr. SMITH of Georgia. The mVti
to strike out, which I desire to avoid a motionfto l|y on the table. I do not wish
made a few moments ago and whil
as voted down, was in to use the procedure that I ir tend to take for what might in
the case of a soldier who entered th| 'Army March 1, 1S65. The any sense be termc-d a fifbust V. I think to take a half hour
war was practically over at that ti
At any rate, the length or even an hour on a bil covei]ing 150 to 200 pensions can not
filibuaher. I think the Senator must
of his service was so short duri
e actual war that I took in any sense be called
it as an illustration of my obje
to special pensions that certainly agree that tha is true
I do not know that
will iripist, Mr. President, upon your
this gentleman, who entered the /;erv e Mai’ch, 1865, should be
put up to $24 a month as a special pensioner while many of the submitting that questio to theaSenate. When the first parasoldiers who fought for four years areinot in the same position. graph has been read I ill movelto strike it out.
Mr. McCUMBER.
r. President, I wish simply to answer
The Senate having rejected the motion to strike out, and that
being an illustrative case, I sffiall not inake another motion to the Senator from Georgia. I certainly do not wish to accuse
strike out on this bill and/will delaj the Senate no longer him of such a purpose when he hhs disclaimed it. But, knowin0 the Senator, I felt when he p&Ked out the le iy first name
upon it.
The VICE PRESIDENT^ The question is on the engross and so far forgets himself and thlse names which to him are
household words as/to move to strike out from any bill the
ment and third reading of/the bill.
The bill was ordered to/be engrossed |r a third reading, and name of Thomas Jefferson, he rnusi really be intending to fili
buster and must notfhave the quest fcn sincerely at heart.
it was read the third time, and passed
Mr. SMITH of Georgia. I regret Very nfuch that I made the
SERVICE TENSIONS.
motion. The trutlf is I overlooked|the fact, or else I would
have passed him oI his name
The VICE PRESIDENT. The hour of|4 o’clock having ar
The VICE PRESIDENT. The S e c t a r y will proceed to read
rived, the Chair lays before the Senate th^ unfinished business.
It will be stated.
the bill.
j
T ,
The S e c r e t a r y . A, bill (II. It. 1) granting a service pension
Mr BACON. If the Chair will pardon me a moment, I do
to certain defined veterans of the Civil Waife and the War with not understand the Chair to have ruild that the bill can not
Mexico.
|
be considered by items.
%,
,
Mr. McCUMBER. I do not understand tl%it there is anyone
The VICE PRESIDENT. N o ; the CHfair did not rule.
who desires to speak upon the bill this afteApoon. I therefore
Mr SMITH of Georgia. And I do not press my motion on
ask that it may be temporarily laid aside.
I
that "subject, because I am not prepared |iy an examination of
The VICE PRESIDENT. Without objection, the unfinished the precedents to submit anything to the Chair in support of
business will be temporarily laid aside.
my motion, and I do not wish to be the cause of a ruling when
1912
CONGRESSIONAL RECORD— SENATE.
3829
some one suggesting to take a recess, and I Wanted to anticipate
The PRESIDENT pro tempore. The Chai# will state that he
it. Personally, I should be in favor o f continuing tliis debate understood the Senator from Kansas to s^y that he did not
until tbe vote is taken, but I do not desire to insist upon an object.
1
, Air. BRISTOW. Oh, no.
uncomfortable rule.
/
The PRESIDENT pro tempore. As .the Chair understands,
The PRESIDENT pro tempore. Then,
course, the request
there is no suggestion pending that thd Senate now take a re foi\unanimous consent is not agreed to.
here is objection to
cess. The Senator from Idaho has aiked unanimous consent the request.
tin t a certain agreement be entered. /
Air. ROOT and others. Regular order i
Hr. HEYBURN. I ask that the Chair put the request for
The PRESIDENT pro tempore. The question is on agreeing
un mimous consent to meet at 11 o’clock to-morrow and to vote to the amendment proposed by the Senator from Washington
at 3. I think the objections have befen withdrawn.
[Air. Jones] to the motion offered by the Senator from Idaho
Hr. BRISTOW. Mr. President— f[Air. H eybtjrn]. [Putting the questioi
In the opinion of the
r he PRESIDENT pro tempore. W ill the Senator from Kan Chair, the “ noes^Uhave it.
J
sas allow the Secretary to state the request as the Chair under
Air. BACON and Mr. STONE. Who, is the motion?
stands it?
The PRESIDENT W o tempore. Tl questionAir. LEA. Do I understand the Senator from Idaho to put
Air. HEYBURN. Hofc the Chair announced the vote?
the jio u r for voting at not later thhn 6 ?
The PRESIDENT p r o ’tempore. The Chair stated the ques
MV. HEYBURN. Yes.
tion to be upon agreeing W the amendment proposed by the
LEA. Very well.
/
Senator from Washington [A lV joN jfc] in the nature of a substi
PRESIDENT pro tempore! The Secretary is attempting tute for the motion proposed B ^tjfe Senator from Idaho [Air.
luce to written form the suggestion of the Senator from H eyburn ].
Air. STONE. We should like tcfTtaye the question stated.
The Secretary will state the request.
The PRESIDENT pro tem pore/ TrW secretary will state the
Secretary read as follow s:
“ Itlis agreed, by unanimous' consent, that when the Senate amendment in the nature o f a sifbstitutB^proposed by the Sena
takes h recess it ✓ shall be to meet at 11 o’clock to-morrow; that tor from Washington.
Air. HEYBURN. Now, Air. president, l<\that question be
not lalpr than G o’clock to-moa-row the Senate will consent to
vote unon the motion made
Mr. H eybtjrn , that the Senate stated; but I understood that/the Chair putS^lie question on
agree t l the report of the Gfbmmittee on Privileges and Elec the adoption o f the report o f t(fc committee.
The PRESIDENT pro tempdre. N o; the Chair fNffthe ques
tions declaring that in the /pinion o f the said committee the
charges Itreferred by the Legislature o f the State o f Wisconsin tion upon agreeing to the substitute proposition o r^ h e Sen
were not sustained, and taat the election o f the said I s aa c ator from Washington, and f the Senator from IdahoWyoted
Stephenion as a Senator /o f the United States was not pro “ no.”
cured bylcorrupt methods /o r practices, and upon any amend
Air. CUAIAIINS. I understood there was only one vote eitlrW
ment that may then be pc/iding or offered to such motion, and way, and that was for the substitute.
'swill contVue such voting until the question is finally dis
The PRESIDENT pro tenjpore. As the result was being an
posed of.”
nounced the question was raised as to what the motion was
Mr. HEPBURN. I s iig e st that the word “ substitute ” be upon which the Senate was voting. The Secretary will again
inserted, a| there is onefof the amendments that is termed “ a state the amendment in the natux-e of a substitute proposed by
substitute.’
the Senator from Washington.
The PRESIDENT pro? tempore. That will be included in the
The Secretary. On February 19, 1912, Air. H eybtjrn moved
word “ amendment.”
that the report of the committee be adopted and that I saac
Mr. HEYBURN. Ve#y well
Stephenson be declared entitled to a seat as a Senator from
Mr. BRISTOW. Mr# Presidentthe State of Wisconsin in the United States Senate. On March
The PRESIDENT pfo tempore. Does the Senator from Idaho 22, 1912, Air. Jones offered the following as an amendment ii
3rield to the senator f/om Kansas?
he nature of a substitute for the motion made by Air. H eybtjrn,
Mr. HEYBWRN,
namely:
Mr. BRISTBW . Iltm in sympathy with the suggestion of t
R e s o lv e d , That I saac S t e p h e n s o n was not duly and legally elected to
Senator from View Irork [Mr. R oot]. I think we ought to to a seat in the Senate of the United States by the Legislature of the State
of Wisconsin.
ahead now a n l debate this matter until it gets late, and thin
Air. HEYBURN. Now, Air. President, J. do not desire any in
we can take a lre cA s until an early hour to-morrow and gpt
consistent record in connection with thks matter. I understood
through. We l* v e fconsumed enough time now in trying to
some hour for A®tiag to have had one of the proposed speeche? the Chair to say: “ I f there is no fuDmer discussion, the ques
made. I will %\lfe to object to the request for unanimous tion is upon the addition o f the morion of the Senator from
Idaho,” and upon tha^H voted. Ijflid not vote upbn anything
consent.
The PRESIDEWr pro tempore. The Chair will state to the else, and I do not care tVliave tlioiHtEcoRD-----The PRESIDENT pro\temp<re. The Senator from Idaho
Senator from K alsas that the request for unanimous consent
just preferred byjlhe Senator from Idaho does not contemplate misunderstood the Chair, f o e flmair stated the questionAlr. HEYBURN. Then the>/lEC 0 RD should be corrected as to
a recess at the l/is e n t time, but only provides that when the
Senate takes a leless it shall be until 11 o’clock to-morrow. the vote.
The PRESIDENT pro totfpoiV Of course, the explanation
There is no presait suggestion o f a recess.
Mr. BRISTOW. The purpose is, I know, to take a recess as of the Senator goes into t h / RECoilK,and the R ecord stands corQuickly as possible A fter this agreement is entered into, and rected.
Air. HEYBURN. ' That is true; b u tfo a m entitled to have it
then we will difcg alyng until late to-morrow afternoon, when
we will be coiifrontecBwith amendments and substitutes which in uninterruptedly, because of the misunderstanding between
we will have fio opportunity to understand before they are the Chair and myself, and not to have it afterwards made the
subject of controversy.
voted upon
r. CULBERSON. I move that the Senate take a recess
Mr. IIEYBUftN. Thlpe is no such intention. I contemplate,
until 11 o’clock to-morrow.
that a considejible timeVvill be used this afternoon in speaki
The PRESIDENT pro tempore. The Senator from Texas
The PRESIDENT pro Tempore. It will be for the Senab
moves that the Senate stand in recess until 11 o’clock to-morrow
say whether i f desires to Yike a recess now or later.
morning. The question is on that motion. [Putting the ques
Air. IIEYBWRN. I sh a l not move to take a recess now.
tion.] In the opinion of the Chair the “ noes ” have it.
liepe the S en *e will contiiAie in session, and I'shall ask tlia
Air. CULBERSON. I ask for the yeas and nays.
continue in Session until late to-night, unless we reach
The yeas and nays wei*e ordered, and the Secretary proceeded
agreement.
The PRES [DENT pro teApore. The Secretary has statec to call the roll.
Air. CHAAIBERLAIN (when his name was called). I have a
the request for unanimous qonsent preferred by the Senator
from Idaho! Is there objection? The Chair hears none, and 4-general pair with the junior Senator from Pennsvlv.nnin [Air.
^ewwNeii^w^wW flllliF^TuVrEm seim Tor^om Oklahoma [Mr.
the order is# mtered accordingly. The question is-----Mr. B R lfT O W . Mr. P r e s e n t , I entered an objection to O wen ] and will vote. I vote “ yea.”
Mr. BURNHAM (when Air. Gallinger’ s name was called).
thnt request for unanimous conVent.
The PRlJsiDENT pro tempor^ The Chair did not hear the Aly colleague, the senior Senator from New Hampshire, is paired
with the senior Senator from Arkansas [Mr. C l a r k e ].
Senator.
Air. GAAIBLE (when his name was called). I have a general
All-. B R f o o w .
I did object\most emphatically, and the
pair with the junior Senator from Arkansas [Air. D avis ]. I
R ecord wifi show it.
CONGRESSIONAL RECORD— SENATE.
3830
transfer i t to the junior Senator from Vermont [Mr. P a g e ] a n d
will vote. I vote “ nay.:
Mr. OVERMAN (when his name was calleA). I have a gen
eral " h a i r with the senior Senator from California [ M r . P e r
k i n s ] . >^do not see him in his seat, and th/refore withhold my
vote.
Mr. CUI?ffTS (when Mr. P a g e ’ s name^/vas called). I have
been requested to announce by the junior Senator from Ver
mont his absence from the city as a mt/nber of a committee of
the Senate.
Mr. TOWNSEV d (when the name d f Mr. S m i t h of Michigan
was called). Th\ senior Senator frgan Michigan is out of the
city on business otethe Senate.
Mr. STONE (wlieW his name wa&fealled). I desire to inquire
whether the Senator\rom Wyoming [Mr. C l a r k ] has voted?
The PRESIDENT pro tempore/ He has not voted.
Mr. STONE. I hav\ a general pair with the Senator from
Wyoming, which has been transferred to the senior Senator
from Virginia [Mr. MariI n ], a /d I will vote. I vote “ yea.”
Mr. LEA (when Mr. T jwlojts name was called). The senior
Senator from Tennessee ii\<|etained from the Chamber by ill
ness.
Mr. WATSON (when h i/ ifcime was called). I transfer my
general pair with the se/iorXSenator from New Jersey [Mr.
B r j g g s ] to the junior Senator rfynn Louisiana [Mr. T h o r n t o n ]
and will vote. I vote ‘Vyea.”
The roll call was concluded.
Mr. WARREN. I /fesire to state that my colleague [Mr.
C l a r k ] is absent on/business o f t h & Senate.
He is general!
paired with the Senator from Missouri [Mr. S t o n e ] .
Mr. BACON (aftgir having voted in the affirmative). I hj»Ve
a general pair wit( the Senator from Minnesota [Mr. Nel^Pn ]
during his presen, absence. I forgot the fact and vot<
withdraw my vot
Mr. BURNHMM. I have a general pair with the S &ator
<
from Maryland, [Mr. S m i t h ] , b u t having been released lerefrom I will vojfe. I vote “ nay.”
Mr. CULBERSON (after having voted in the affirms ;ive).
In view of ffiy general pair with the Senator from Deli ware
[Mr. d u P o n t ] I withdraw my vote.
Mr. POSTER. I wish to state that my colleague [Mr.
[ORNt o n ] is absent on business of the Senate.
The result was announced—yeas 17, nays 36—as follow
Bourne
Bryan
Chamberlain
Foster
Gardner
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Chilton
Clapp
Bacon
Bailey
Bankhead
Borah
Clark, Wyo.
Clarke, Ark.
Culberson
;J)avis
Dillingham
Dixon
YEAS— 17.
Johnston, Ala.
Pomerene
Martine, N. J.
Rayner
Newlands
Simmons
O’Gorman
Smith, Ga.
Percy
Smith, S. C.
NAYS— 36.
Crane
Hitchcock
Crawford
Johnson, Me.
Cullom
Kenyon
Cummins
Lea
Curtis
Lippi tt
Gamble
Lodge
Gore
Lorimer
Gronna
McLean
Heyburn
Myers
NOT VOTING— 38.
du Pont
Oliver
Fletcher
Overman
Gallinger
Owen
Guggenheim
Page
Jones
Paynter
Kern
Penrose
La Follette
Perkins
McCumber
Poindexter
Martin, Va.
Reed
Nelson
Shively
Stone
Watson
Smith, Md.
Smith, Mich.
Stephenson
Swanson
Taylor
Thornton
Tillman
Williams
So the Senate refused to take a recess.
Mr. HEYBURN. I desire to submit a proposition for unani
mous consent. I ask unanimous consent that when the Senate
takes a recess it shall be untiUul o’clock to-morrow morning,
and that to-morrow at 6 o’clock^---Mr. SMOOT. Not later thaq-G o’clock.
Mr. HEYBURN. Not later, than 6 o’clock the Senate shall
commence to vote upon this resolution and all amendments and
substitutes.
The PRES IDE.NT pro tempore. And finish before adjourn
ment ?
Mr. HEYBURN. l'e§; and without further debate.
Mr. BACON. All amendments pending and that may be
offered ?
Mr. HEYBURN. Yes; the usual form.
Mr. BRISTOW. Mr. President-----The PRESIDENT pro tempore. Will the Senator from Kan
sas allow the Secretary to report the request?
The S e c r e t a r y . That when the Senate takes a recess^d-day
it shall be tb meet at 11 o’clock to-morrow mornin^^fhd that
not later tha\ 6 o’clock to-morrow the Senate slyflr commence
voting upon tnK motion made by the Senator f j I d a h o [Mr.
I I e y d u r n ] that t h e Senate agree to the repory l w the Committee
on Privileges anokElections declaring tli^ rm the opinion of
the said committee the charges preferrwrfny the Legislature of
the State of Wisconsifv against I s a a c i S/J e p i i e n s o n , a Senator of
the United States froinythe State (^nVisconsin, were not sus
tained; and that the election of j^nd I s a a c S t e p h e n s o n as a
Senator of the United Styles Jras not procured by corrupt
methods or practices, and utyn^any amendment that may then
be pending or offered to sud^inotion, and shall continue such
voting until the question iamiifHiJy disposed of.
Mr. BRISTOW. AsJ /€ n derstW l the proposed agreement, it
is that the Senate sha/T meet at IlW clock to-morrow and vote
not later than G j/objected to praffiicall.v the same request
.
some time since, y#ft I have been advh(ed that a Senator who
expected to speaK immediately after tlik Senator from Idaho
[Mr. B o r a i i ] hftd closed is ill and unable'sR) go on this after
noon. Undei/fhose circumstances I will notwffer any objection
to the request for unanimous consent, understanding, of course,
that we Jfto not have to stay here until 6 o ’clock to-morrow
unless^oiere is some one who wants to take up the time; that
we jrfay vote at any-time between 11 and G o’clock,
le PRESIDENT pro tempore. Is there objection?
r POIMDESaiBf e - . T ---------------- ---------- ^ /T lie PRESIDENT pro tempore. Objection is made. The
question is on agreeing to the amendment proposed by the Sen
ator from "Washington [Mr. J o n e s ] . [Putting the question.]
The noes appear to have it.
Mr. CULBERSON. I ask for the yeas and nays.
The yeas and nays were ordered.
Mr. HEYBURN. Mr. President, I ask that the question be
stated.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment proposed by the Senator from Washington
[Mr. J o n e s ] in the nature o f a substitute.
Mr. CRAWFORD. I call for a reading of the amendment.
The PRESIDENT pro tempore. The Secretary will read the
amendment.
The Secretary. The Senator from Washington offers the
following as a substitute for the motion made by the Senator
from Idaho:
R esolved , That I s a a c S t e p h e n s o n w a s not duly and legally elected
[o a seat in the Senate of the United States by the Legislature of the
|(ate o f W isconsin.
Nixon
Richardson
Root
Smoot
Sutherland
Townsend
Warren
Wetmore
Works
March 26,
urn'll
tor! OVERMAN. 1 'STlggH ffife absence or a quorum.
SC
jTho PRESIDENT pro tempore. The yeas and nays have
belli ordered. The Secretary will call the roll,
phe Secretary proceeded to call the roll.
Ir. CHAMBERLAIN (when liis name wafs called). I have
leneral pair with the junior Senator fronV Pennsylvania [Mr.
iveb].
I transfer it to the senior Senator from Oklahoma
tr. O w e n ] and will vote. I vote “ yea.” /
fMr. HEYBURN. A parliamehtary inquiry, Mr. President.
The PRESIDENT pro tempore. The Senator from Idaho
will state his parliamentary inquiry.
/
Mr. HEYBURN. Senators are voting ‘/ y e a ” or “ nay ” on a
call of the Senate fo\ the purpose of determining whether or
not a quorum is present.
The PRESIDENT p i\ tempore. In m e opinion of the Chair
the Senator is mistaken^. The yeas and nays have been ordered
upon the question of agreeing to the amendment offered by the
Senator from Washington to the motion of the Senator from
Idaho. Those in favor ai the amendment proposed by the
Senator from Washington will vote “ yea ” and those opposed
nay.” The Secretary will proceed with the roll call.
Mr. HEYBURN. Was thejfce not a suggestion of a lack of a
quorum?
\
Mr. LODGE. It came too If
The PRESIDENT pro temppfe. It came too late.
Mr. HEYBURN. I did not lifkir the ruling of the Chair.
Mr. CULBERSON. I risjfto A question of order. Debate is
not in order while the roll is being called.
The PRESIDENT pro femporeA, The point of order is sus
tained. The Secretary w*l proceedlwith the roll call.
The Secretary resumed the calliuaof the roll.
Mr. BURNHAM (when Mr. Gall^nger’s name was called)
My colleague, the senior Senator froinV ew Hampshire, is paired
with the senior Senator from Arkansas [Mr. Clarke]. If niy
colleague were present and at liberty to vote, he would vote
“ nay.”
_________ _______\
Mr. GAMBLE (when his name w*as called). I have a general
pair with the junior Senator from Arkansas [Mr. DAvis]. I
transfer it to the Senator from Colorado [Mr. G u g / e n h e i m ]
and will vote. I vote “ nay.”
Mr. OVERMAN (when his name was called). I Jjfhve a gen
eral pair with the senior Senator from California [MY. P e r k i n s ] .
I do not see him in his seat and therefore withhold my vote.
Mr. TOWNSEND (when the name o f Mr. SMiTiffof Michigan
as called). The senior Senator from Michigan, Who is absent
om the city on official business, is paired w/th the junior
Senator from Missouri [Mr. R eed ].
r. STONE (when his name was called). U'have a general
pai\ with the Senator from Wyoming [Mr. CiA re:]. I am not
autlffcrized to say how he would vote, nor do ft know how any
absei\ Senator would vote. I will not transfer the pair, but
under\he circumstances will withhold my vojce.
Mr. HEA (when Mr. T a y l o r ' s name was (Idled). The senior
S en ator\ om Tennessee [Mr. T a y l o r ] is qmte ill at his apart
ments an\ as I understand from a telephone message to-day,
no one is aYle to communicate with him. Ham therefore unable
to state h om h e would vote on this quest!
Mr. FOS iY r (when Mr. T h o r n t o n ’! name was called)
My colleague\[Mr. T h o r n t o n ] is absent on business of the
Senate.
Mr. PERCY Y h e n the name of M i\ / W i l l i a m s was called).
M y colleague [ M \ 'W i l l i a m s ] is unavoidably detained from the
Chamber by sickness. He is paired w it! the senior Senator from
Pennsylvania [M r. Y P e n b o s e ] . I f i n Y colleague were present
and at liberty to votY he would v o t e /‘ yea "
The roll call was concluded.
Mr. WARREN. I dos-ire to annoii!ce that my colleague [Mr.
C l a r k ] is absent on th\ business off the Senate and has a pair
with the Senator from Missouri [Mp. S t o n e ] .
Mr. POINDEXTER. I Yesire to/State that my colleague [Mr.
J o n e s ] is absent on publicYusinef
Mr. BRADLEY. I am paired #ith the senior Senator from
Tennessee [Mr. T a y l o r ] . I xia\4 received a message over the
phone from his secretary releasing me from that pair, but in
order to prevent any question, iVransfer the pair to the Senator
from Vermont [Mr. P a g e ] and will vote. I vote “ nay.”
Mr. REED. I regard myself/isMiaired with the Senator from
Michigan [Mr. S m i t h ] . I tranpfei*\the pair to the Senator from
Indiana [Mr. S h i v e l y ] and wYil vorfe. I vote “ yea.”
Mr. BACON. I am pairea on tads question and also gen
erally with the senior Senator frornVdinnesota [Mr. N e l s o n ] .
Eor that reason I shall now vote. I \ m informed that if the
Senator from Minnesota wewe present h\would vote “ nay,” and
I should vote to the contrary.
Mr. WARREN. The Sejtator from Delaware [Mr. d u P o n t ] ,
who is confined to his houpe by illness, plmned me a short time
ago that he would be unable to come here\ He is paired with
the Senator from Texas £ Mr. C u l b e r s o n ]
Mr. CULBERSON (after having voted ihVtlie affirmative).
In view of the statement/made by the Senator V om Wyoming, a
statement which I myself had intended to ma\e, I withdraw
thy vote.
Mr. OWEN. Mr. Pilsident, I should like to as\ whether or
not the record shows/that I am at liberty to vot\ I under
stand the Senator froffi Oregon made a transfer during my tem
porary absence from Ihe Chamber.
Mr. CHAMBERLAIN. I will state that I did that. l\hought
the Senator would i*>t be here.
Mr. OWEN. Thai is entirely agreeable to me. If I w ife at
liberty to vote, I wash to say I would vote “ yea.”
Mr. CURTIS. lavish to announce that the Senator from Ver
mont [Mr. D i l l i n g h a m ] is paired with the Senator from South
Carolina [Mr. T i i £ m a n ] , and that the Senator from Montaiia
"T r. D i x o n ] is paired with the Senator from Alabama [Mr.
B a n k h e a d ].
The result was announced— yeas 27, nays 29, as follow s:
Borah
Bourne
Bristow
Brown
Bryan
Chamberlain
Clapp
Bradley
Brandegee
Briggs
Burnham
Burton
Chilton
Crane
Cullom
3831
CONGRESSIONAL RECORD— HOUSE.
1912.
YEAS— 27.
Kenyon
Crawford
Kern
Cummins
Lea
Gardner
Martine, N. J.
Gore
Myers
Gronna
O’Gorman
Hitchcock
Poindexter
Johnson, Me.
NAYS— 29.
Lorimer
Curtis
McLean
Fletcher
Newlands
Foster
Nixon
Gamble
Pomerene
Heyburn
Rayner
Johnston, Ala.
Richardson
Lippitt
Root
Lodge
Reed
Simmons
Smith, Ga.
Smith, S. C.
Townsend
Works
Smoot
Sutherland
Warren
Watson
Wetmore
Bacon
Bailey
Bankhead
Clark, Wyo.
Clarke, Ark.
Culberson
Davis
Dillingham
Dixon
NOT VOTING— 35.
du Pont
^Overman
Gallinger
TOwen
Guggenheim
Page
Jones
Paynter
La Follette
Penrose
McCumber
Percy
Martin, Va.
Perkins
Nelson
Shively
Oliver
Smith, Md.
Smith, Mich.
Stephenson
Stone
Swanson.
Taylor
Thornton
Tillman
Williams
So the resolution o f Mr. J o n e s w a s rejected.
Mr. HEYBURN. I move that the Senate take a recess until
11 o’clock to-morrow morning..
The motion was agreed to; and (at 5 o’clock and 23 minutes
p. m., Tuesday) the Senate took a recess until to-morrow,
Wednesday, March 27, 1912, at 11 o’clock a. m.
H OUSE
OF
E E P B E S E N T A T IV E S .
sday,
March 26, 1912.
The House met a 12 o’clock noon.
jfc
The Chaplain, Rqv. Henry N. Couden, D. D., offered the fol
lowing prayer:
Our Father in heAven, open Thou our spiritual eyes that we
may discern beneatls the rough exterior in every liftman heart
the image o f his Mhker; that a profounder l o a
broader
charity may prevail, land the ties of fraternity ha~ve a broader
scope, a deeper significance. That the genius o f the Christian
religion may find if.4 full fruition in every heart and Thy
kingdom come, Thy win be done in earth as it is in heaven. In
the spirit of the Lord Jesus Christ. Amen.
The Journal o f the proceedings of yesterday was read and
approved.
a v ia t io n
in
w arfare
.
/
Mr. HAY. Mr. Speaker, by direction of the Committee on
Military Affairs, I present the following privileged resolution,
which I send to the desk and ask to have reftd.
The Clerk read as follcnvs:
Housb resolution 448,/
R e s o lv e d , That the great Importance and necessity of a practical
knowledge of aviation as it welates to warfare being now generally
admitted by all civilized nations, some of whjfch are spending large sums
of money in equipping their artnies with various kinds of air craft as a
means both of attack and of transport, the.jBecretary of War be, and he
is hereby, respectfully request®!, if not incompatible with the public
interests, to send to the House \ i Representatives full information upon
the following points :
\
First. The results of his investigation and the transmission of any
reports made by our official aaents ifi foreign countries as to the
development, and value of aerial \navi;mtion, either for the purpose of
warfare or to encourage scientific research.
Second. The extent and cost lof fcur Government’s equipment in
aeroplanes or other air craft no
tYing used in any capacity by the
War Department, and the nature o tpe instruction in aeronautics which
is being given to its Army officers
d enlisted men.
Third. The plans now contemp ted by the War Department for
increasing the present equipment
aeroplanes, hydro-aeroplanes, and
other air craft for the purpose
warfare and national defense,
together with recommendations
h legislation as will adequately
provide for such service with r
both to increasing the number
of Army officers of the Signal '
ps Who may be detailed for aviation
service as well as the. establis
ent %3f additional schools of instruetion and the building up of oug air
commensurate with the necessity of properly maintaining ojflr militfcry status among the nations of
~
the world.
srk will read the report (No. 450).
The SPEAKER. The
The Clerk read as follows
Mr. H ay , from the Cormnjttee on Mill
lowing report to accompany? House resol
The Committee on Military Affairs, to
resolution 448, having considered the
recommendation that it dIff pass with the
Strike out on page 1, ijne 7, the words
insert the word “ directedp” ; and in lines
words “ if not incompatible with the publi
i-y Affairs, submitted the folon 4 48 :
hom was referred the House
ne, reports thereon with a
ollowing amendments :
•espectfully requested,” and
nd 8, page 1, strike out the
interests.”
The SPEAKER. rh e question is
/
agreeing to the arnendments.
Mr. MANN. Mr. .Speaker, as I could to t catch the purpose of
the resolution froip the reading at th i desk, I will ask the
gentleman from Virginia to explain what it is.
Mr. HAY. Mr. .^Speaker, this is a resciution asking the War
Department to furnish the House of Representatives informa
tion as to the present condition o f the aviation service, and also
asking that department to furnish any otli&r information it may
have, with a view to further building up t
aviation service in
the United States Army.
The SPEAKER. The Clerk will report )e amendments.
The Clerk rqhd as follow s:
Page 1, line ft, amend by striking out the
quested ” and insert the word “ directed.”
The SPEAKER. The question is on agree
ment.
The amendment was agreed to.
“ respectfully re-
to the amend-
CONGRESSIONAL RECORD— HOUSE.
March 26,
The reason for that is that it is usual for an exchange of docu
ments between this Government and foreign Governments to be
made in that way. I ask for a vote on the amendments.
The SPEAKER. The question is on agreeing to the amend
The SPEAKER. The question is on agreeing to the amend
ments to the Senate joint resolution.
ment.
The question was taken, and the amendments w<?re agreed to.
The amendment was agreed to.
The SPEAKER. The question now is on the engrossment and
The SPEAKER. The question now is on agreeing to the
amended resolution.
\
third reading of the Senate concurrent resolution as amended.
The resolution was ordered to be engrossed and read a third
The question was taken, and \the amended resolution was
agreed to.
time, was read the third time, and passed^
The title was amended so as to read : “ Joint resolution author
PE N SION S,
Mr. GREGG of Pennsylvania. Mr. Speaker, I ask unani izing the Librarian of Congress to furnish a copy of the daily
and bound C o n g r e s s i o n a l R e c o r d to tlje undersecretary of state
mous consent to address the House f\r 10 minutes.
for external affairs of Canada in exchange for a copy of the
The SPEAKER. Is there objection?.
/
Mr. MANN. Mr. Speaker, reserving1the right to object, in Parliamentary Hansard.”
;
regard to what does the gentleman desir&to address the House? PR IN TIN G PROCEEDINGS OF T H E U N T I L I N G OF T IIE STATU E OF BARON
Mr. GREGG of Pennsylvania. In regipd to the remarks of
VON S J fU B E N .
the gentleman from Georgia on last Thursday, in the considera
Mr. FINLEY. Mr. Speaker; I send the following privileged
tion of pensions, wherein he attacked the record of a soldier of
resolution to the Clerk’s desk.
the State of Pennsylvania.
\
The SPEAKER. The Cl«ffk will report the resolution.
The SPEAKER. Is there objection?
The Clerk read as folly&s:
Mr. ItODDENBERY. Mr. Speaker, to whatWntleman from
Georgia does the gentleman from Pennsylvania r§fer?
House concurrent resolution 39 (H. Rept. 448).
Mr. GREGG of Pennsylvania. To Mr. T r i b b l e . V
R e s o l v e d b y t h e H o u s e : 'o f R e p r e s e n t a t i v e s ( th e S e r ia te c o n c u r r in g )
Mr. RODDENBERY. Mr. Speaker, I do not sekMr. T r i b b l e That the concurrent resolution passed August 21, 1911, providing for
proceedings upon the unveiling of the statue of
upon the floor at this time, and unless he is p re se t I shall the printing of the in Washington, December 7, 1910, be amended by
Baron von Steuben
object, and I do object.
\
adding the following^ientence after the last word thereof :
The SPEAKER. The gentleman from Georgia object^.
“ There shall be included in the same volume, as herein provided for
The Clerk read as follows:
Lines 7 and 8, page 1, strike 'put tlie words “ if not incompatible with
the public interests.”
CA N AD IA N PA R L IA M E N T A R Y H AN SAR D .
\
Mr. FINLEY. Mr. Speaker, I send to the Clerk’s d&k for
present consideration the following resolution.
The SPEAKER. The Clerk will report the resolution.
The Clerk read as follow s:
\
the proceedings relating to the unveiling of the statue of Baron von
Steuben in Berlin, September 2, 1911 ; and this document shall be
compiled and pjsmted under the direction of the Joint Committee on
Printing.”
Mr. FINtfEY. This is by way of an amendment to a resolu
tion whichr passed some time ago.
Mr. SJSAYDEN. Mr. Speaker, will the gentleman permit a
Joint resolution authorizing the Librarian of Congress to furnish a copy
of the daily and hound C
R
to the undersecretary question* in connection with the resolution?
of state for external affairs of Canada in exchange for a copy of the'
M r.,FINLEY. Certainly.
Parliamentary Hansard.
MnTSLAYDEN. What is the practice in paying for the prep
R e s o l v e d , e t c ., That the Librarian of Congress is hereby authorized
to furnish a copy of the daily and bound C
R
to aration of reports of these unveilings? I submit the question
the undersecretary of state for external affairs of Canada in exchange tdrfhe chairman of tlie committee, because there is now pending
for a copy of the Parliamentary Hansard, and that the Public Printer
is hereby directed to honor the requisition of the Librarian of Con I^Siere the Committee on the Library a resolution to pay for the
gress for such copy. The Parliamentary Hansard so received shall be report of the proceedings ordered by the Senate when the rnonuthe property of the Department of State.
J ment 'to Gen. McClellan was unveiled. That has never been paid
Mr. FINLEY. Mr. Speaker, I will ask the Clerk to read thjf1 for, a\d I would like to know what has been the practice in
Senate resolution to which the resolution he has just read is an order that we may have some assistance in considering that
amendment proposed by the Committee on Printing, and ap$o resolution.
the report of the committee. •
g
Mr. FI31LEY. I will state to the gentleman from Texas that,
The SPEAKER. The Chair will state that this is wot a so far as I-Jinow, no arrangement for paying for preparation of
privileged resolution.
g
reports like1 the one under consideration has been made, and
Mr. FINLEY. I understand that, Mr. Speaker. I have not so far as I am concerned none will be. I say to the gentleman
called this up as a privileged resolution, but I did call it up that the reports are furnished to the Joint Committee on Print
some time ago and there was no objection to it. I asne unani ing and the publication is made under their direction.
mous consent to consider tlie resolution at the present time.
Mr. SLAYDEM. Who furnishes the report to the Committee
The SPEAKER. The gentleman from South Carolina asks on Printing?
\
unanimous consent for the present consideration qf the resolu
Mr. FINLEY. Well, take the resolution under consideration.
tion. Is there objection? [After a pause.] The Chair hears The Member of the-House who has been most active and who
none.
i
had the matter in charge, Dr. B a r t h o l d t , of Missouri-----Mr. FINLEY. I now ask that the Senate resolution be read
Mr. SLAYDEN. Wus it written by him?
(S. Con. Res. 14).
£
Mr. FINLEY. Oh, \io; it is a copy of the proceedings of
The SPEAKER. The Clerk will report tM’ Senate resolution what took place at Berlhi, and is to be a part of the publication
and the report of the committee.
relative to the unveiling^pf the statue in Washington.
The Clerk read as follows:
,/
Mr. SLAYDEN. The gdptleman does not quite catch the pur
R e s o lv e d b y th e S e n a te ( th e H o u s e o f R e p r e s e n ta tiv e s c o n c u rrin g ),
port of my question. It is this: A special report of the proceed
That the Secretary of State is hereby authorized to furnish a copy of ings at the unveiling of the McClellan Monument was ordered
the daily and bound C
R
to the undersecretary of
state of external affairs of Canada in exchange for a copy of the Par and not paid for, as I understand. Previous reports of a similar
liamentary Hansard, and that the Public; Printer is hereby directed to nature had been ordered and -maid for, but in this case it was
honor the requisition of the Secretary o f State for such copy.
not, and I would like to know if the practice is usually to have
Mr. F
, from the Committee on Printing, makes the following re
a special report of a historical nature made in connection with
port (IT. Rept. 454, to accompany S. (Jon. Res. 14) :
The Committee on Printing having .had under consideration the Senate the unveiling of these monument^. Have there b£en historical
concurrent resolution 14, authorizing the Secretary of State to furnish sketches of Von Steuben and these other people?
a copy of the daily and bound C
R
to the under
Mr. FINLEY. My understandings that the report in the case
secretary of state for external affairs of Canada in exchange for a
copy of the Parliamentary Hansard and directing the Public Printer to usually is a verbatim report of th\ proceedings and exercises
honor the requisition of the Secretary of State for such copy, reports and nothing more, and, so far as l\ n o w , there is no arrange
the same back to the House with the recommendation that the resolu
tion be agreed to with the following amendments: First, on line 1, ment for payment to get up that report.
strike out all after the words “ R e s o l v e d b y t h e S e n a t e ” and insert the
Mr. MANN. Mr. Speaker, I ask unanimous consent that the
following, “ a n d th e H o u s e o f R e p r e s e n t a t i v e s o f t h e U n i t e d S t a t e s o f
gentleman from Missouri [Mr. B a r t h o l d t ] have leave to ex
A m e r i c a in C o n g r e s s a s s e m b l e d , That the Librarian of Congress is
hereby authorized to furnish a copy of the daily and bound C
tend his remarks in the R e c o r d on this subject.
R
to the undersecretary of state for external affairs of
Mr. FINLEY. I did' not see the gentleYian from Missouri or
Canada in . exchange for a copy of the Parliamentary Hansard, and
\
that the Public Printer is hereby directed to honor the requisition of I would have yielded the floor to him.
the Librarian of Congress for such copy. The Parliamentary Hansard
The SPEAKER. The gentleman from Illmois asks unanimous
so received shall be the property of tlie Department of State.” Second, consent that the gentleman from Missouri [Mr. B artholdt] be
amend the title to read as follows : “ Joint resolution authorizing the
permitted to extend his remarks in the R ecord on this resolu
Librarian of Congress to furnish a copy of the daily and bound C
R
to the undersecretary of state for external affairs tion. Is there objection?
[After a pause.] Ifhe Chair hears
of Canada in exchange for a copy of the Parliamentary Hansard.”
none, and it is so ordered.
v
Mr. FINLEY. Mr. Speaker, the amendment of tlie committee
The question was taken, and the concurrent fepsolution was
requires that the Librarian of Congress furnish this publication. agreed to.
\
o n g r e s s io n a l
e c o r d
o n g r e s s io n a l
o n g r e s s io n a l
e c o r d
e c o r d
in l e y
o n g r e s s io n a l
e c o r d
o n g r e s
s io n a l
e c o r d
o n
g r e s s io n a l
e c o r d
CONGRESSIONAL RECORD— SENATE.
1912.
Citing cases:
A present, office, etc., given, offered, or promised before an election to
a voter, or to anyone on liis behalf, or to any other person supposed
to have influence over him, without any stipulation as to his vote, or
even the endeavor or promise to endeavor to procure any such, will be
taken prinrn facie to be bribery.
*
1
'-j
s
e
*
*
#
*
*
The gis\ of the offense before voting is the inducement to a voter to
vote or reman from voting. If this exists, the ignorance or honesty of
the man wop offers, or of him who takes, is immaterial.
The following is applicable to a primary election:
But where Obey are part of one political contest, and the corruption
at the municipal election is either intended to operate upon the par
liamentary one,\r that is the necessary result of what was_ done at the
municipal election the parliamentary election will be avoided for the
corruption at the'toiunicipal election.
That is on pagCT2S4.
Loans of money tcAm voter, cr a person likely to influence him, are
placed on the same footing, as regards the lender, as absolute gifts.
*
*
*
*
*
*
The question as to wh<?Uier employment amounts to bribery is one of
fact. In deciding such question regard must be had to the nature of
the employment, the numbfer of persons employed, whether they are
voters or not, and the amount of the payments.
Office cr employment, whether temporary or permanent, if not given
bona fide, is bribery, * *
and whether it be given to a voter or
a third person will he immaterial, if it can be proved that the receiver
influenced the voter and that the giver meant him to do so.
There are a number of case& dealing with the giving of re
freshments, which are particularly applicable to this election
where one witness testified that hStspent over $150 in one dajym
saloons, another witness testified Mhat he received $305/Knd
spent it in saloons, and another tytness testified th aj/th ey
bought kegs of beer and distributed ftoem through the country,
to be given to the voters, and that tha| was generally/done in
the State of Wisconsin.
Some contention, I understand, has bf?&i madeytfy one Sen
ator that, even though there were bribery \ t this^rim ary elec
tion, it would not vitiate the election unless wie entire 9,084
voters had been bribed. That is entirely omatrary to every
assumption, I think, that this body has proceeded .upon in elec
tion cases, and contrary to the decisions of^the\courts. Under
the English corrupt-practices act Parliament is not the judge of
the violation of that act; and the electingcases are,not tried in
Parliament, but are tried in the courtsaT Consequently there are
a large number of decisions which j&plain and interpret this
statute, which is a part of the jPnvs of Wisconsin)^ Anion:
others is this decision :
A single act of bribery, however jil’ifling the amount, may a\oid an
election.
. |
That is on page 293 o f tJjfC work from which I haveNjust
quoted.
Very briefly, Mr. Presidin'. I want to read, upon the general
principles involved, just (me paragraph from the case o f Scoflell
v. The Milwaukee F re jf Press Co., One hundred and twenty-^
sixth Wisconsin, on ijfrge 85, simply as indicating a judicial
view of the magnitiye of the interests involved in this pro
ceeding.
Sweeping aside al]#>f the technical refinements urged by appellants,
such as the absent# of any express understanding with legislative
candidates that t h j # would favor the contributor, or of any showing-
That is particularly pertinent in view o f the testimony which
shows that th # Senator from Wisconsin personally paid sums
of money to Jnree men who were candidates for the legislature.
I have nJc taken time to review the authorities, but I will
simply staje that when these cases are brought into court the
courts wijr not accept any such defense, but hold that the pay
ment o f / l i e money and its acceptance by a candidate will be
hold to /b e done for the purpose of influencing the election,
fllth oi/h he may come in and say it was not for that purpose.
So tbps court says:
Sweeping aside all of the technical refinements urged by appellants,
s u e / as the absence of any express understanding with legislative
cauuidates that they would favor the contributor, or of any showing
W/ether he expected they would use his contribution for legitimate
flhmpaign expenses or otherwise, we can not doubt that the charge of
‘ ising money in largo quantities in the hope and expectation of thereby
promoting his own candidacy for the United States Senate is a most
degrading one to make against any public man. Such an act is an
hssault upon a most esssntial principle of popular government, which,
if to be successful, must assume the free selection of officials on
grounds of fitness. It pretends a superiority before the law of the
corrupt man of wealth over the man of ability and integrity vWo,
either from poverty or principle, is debarred from similar means of
securing support. It evinces a willingness to corrupt the legislature
and dangerous looseness of morals.
The testimony in this case shows that one Perrin, an attorney
at law, received $5,000, and that out of that he retained at
least $500 for his own services.
W. S. Stone received $2,S49.50. According to his testimony,
he retained $000 of it for his own services.
So it was with numbers o f other men to whom this money
was given. They did not expend i t ; they kept it for their own
3895
—
services, and by its means their support ,and their activity in
this election were bought.
/
In conclusion, Mr. President, I want-to say that the founda
tions of the Government depend upofi the purity o f elections.
Of course, I realize the difference Jft opinion as to how exten
sive the rights of the people to Aote in the election of their
officers should be, but with all These, whether those who be
lieve in a strictly representative government by simply a few
o f the people or those who Jfelieve in a liberal exercise of the
powers of government bjdrthe people themselves, under any
form, whether in a den/Cracy or in a republic, the perpetuity
o f its institutions depprfds upon the freedom and the purity of
elections.
An undoubted fa«t in this case is that at the primary election
in Wisconsin th&momination of the Senator who now sits from
that State wasAfirought about by the use of money. The only
parallel that rould be exercised would be the use of force, and
I submit, J fr. President, that the case under consideration is
just as djmgerous to our institutions, just as injurious to the
respect_/nicli it is necessary to preserve among the people for the
lawsj^nicli are made in these bodies by the men who are chosen.
Thes6 men who vote, and cast frequently the determining vote,
making laws affecting the property, the well-being of the entire
ntion, menace our institutions just as much from the use of
money in polluting and corrupting the ballot box as though a
military force should stand at the polls herding the voters and
directing them for whom to cast their votes.
A brief sentence from Mr. Justice Miller, when he was upon
the Supreme Court, is as follow s:
The two great natural and historical enemies of all republics are
open violence and insidious corruption.
And the writer of this pamphlet, entitled “ Political Corrup
tion and English and American Laws for its Prevention,” ad d s:
And in the order in which the judge names them they menace the
freedom and purity of the ballot, the chief support of republics.
Mr. HEYBURN. Mr. President, I ask for the yeas and nays
on the pending motion.
The yeas and nays were ordered.
Mr. NEWLANDS. Mr. President, I wish to state briefly my
position regarding this vote.
I shall vote to sustain the report of the committee. I have
for many years stood for all the various measures of reform
that relate to elections, legislation, and administration. I have
stood for the initiative, the referendum, and the recall, except
so far as it relates to judicial officers. I have stood for the
direct primary. I have stood for laws correcting the evil prac
tices regarding elections.
The act complained of here were committed four years ago.
Since that time public sentiment has crystallized regarding
practices which were not condemned by the common law, and
which were not condemned by the statutes of many of our
states, and which were not condemned by any act of Congress.
nee that time we have put upon the statute book laws, both
Sf\te and National, which do condemn the practices that were
not\n violation of law four years ago.
S(\far as I am concerned, whilst I condemn these practices
and \ in k they should be corrected by law, and have stood for
the laws, National and State, which have corrected them, and
am wil\ng to support laws which will further correct them, I
am unwilling to judge the acts of fours years ago either by
the political or the moral standards of to-day or to condemn
them by t i c laws of to-day. To do that would be to make the
laws, bothV ational and State, which have since been enacted,
retroactive ik their operation.
_
_
j shall therefore vote with the committee in its report regard
ing the seat ofkMr. S t e p h e n s o n .
Mr. KERN. Mr. President, I shall trespass on the time o f the
Senate but a moment. I had intended to speak at some length
upon the questiomMiefore the Senate, but on account of the late
ness o f the hour l\ h all not do so. ^
I only want to sa\ that I, too, with the Senator from Nevada
[Mr. N e w l a n d s ] , i\ the years o f the past h a v e stood for
primary elections. l\ a v e stood for the purity o f the ballot. I
have stood for popular government. I propose, when I cast
my vote on this question, to vote in accordance with the things
that I have advocated
the stump and in the campaigns of
the past.
The VICE PRESIDENTS* The question is on agreeing to t h e
motion o f the Senator from \daho [Mr. I I e y p . u r n ] , on which t h e
yeas and nays have been ordered.
Mr. JONES. Mr. Presiden\ I do not know whether it is in
order to offer the amendment\mt if it is in order I desire to
move an amendment by inserting, after the word “ declared,”
the ward “ not.”
Mr. HEYBURN. That has beeiiVoted on.
CONGRESSIONAL RECORD— HORSE.
3896
Hie VICE PRESIDENT. The Chair thinks that is the ques
tion voted on yesterday and that such an amendment would
be simply voting again on the precise question voted on yester
day. Therefore the Chair thinks the amendment would not
be in order.
The question is on agreeing to the motion of the Senator
from Idaho [Mr. H eybubn] that the report of the committee
be adopted, and that I saac Stephenson be declared entitled to
a seat as Senator from the State of Wisconsin in the United
States Senate. The Secretary will call the roll
_ The Secretary proceeded to call the roll.
- '5 1
'
I'iwllfth liiiS
with the Senator from Minnesota [Mr. Nelson]. He is absen
and I withhold my vote.
Mr. CIIILTON (when his name was called). Upon this Ques
tion I am paired with the junior Senator from Oklahonw[Mr.
Gore]. I transfer that pair, with his consent, to the^enator
from Kentucky [Mr. Paynter], and vote. I vote “ y
Mr. DILLINGHAM (when his name was calledD^ I have a
general pair with the senior Senator from South Onrolina [Mr.
T illman ], from which, upon this vote, I have bq|m released. I
therefore vote “ yea.”
j
Mr. DIXON (when his name was called). J t am paired with
the junior Senator from Texas [Mr. BAiyfv]. I understand
if he were present, he would vote “ yea.”'jcL transfer that pair
to the junior Senator from Missouri □4‘f’. R eed], and I vote
Mr. STONE. I think it due to statt£ in this connection, that
my colleague [Mr. Reed] if present ^4mld vote “ nay.”
Mr. DIXON. I did not understand the statement of the Sen
ator from Missouri.
Mr. WARREN. He stated jSiat his colleague if present
would vote “ nay.”
Mr. DIXON. I understood^fhat if the Senator from Missouri
[Mr. Reed] were present,
would vote “ nay,” and that the
Senator from Texas [Mr. Watley], with whom I am paired, if
present, would vote “ yemr I therefore transfer my pair with
the junior Senator from/Pexas to the junior Senator from Mis
souri, and vote “ nay.” / ' I ask the senior Senator from Missouri
if that is his understanding as to how his colleague would vote
if present.
Mr. STONE. That is correct.
Mr. BURNHAM/(when Mr. Gallinger’s name was called).
The senior Senator from New Hampshire [Mr. Gallinger] is
necessarily absent. He is paired with the senior Senator from
Arkansas [ M i / Clarke]. If the senior Senator from New
Hampshire w # e present and permitted to vote, he would vote
“ yea.”
i
Mr. GAMBLE (when his name was called). I have a general
pair with .the junior Senator from Arkansas [Mr. D avis ]. I
transfer m at pair to the Senator from Colorado [Mr. Guggen
heim ] ajod vote “ yea.”
Mr. SIMMONS (when his name was called). I am paired for
this vote with the senior Senator from Illinois [Mr. Cullom].
If hqtwere present he would vote “ yea,” and if I were at liberty
to vpte I would vote “ nay.”
'pne roll call was concluded.
Ir. LEA. The senior Senator from Tennessee [Mr. T aylor]
seriously ill. I do not know how he would vote. He is so
that I have been unable to communicate with him.
Mr. BRADLEY. I have a general pair with the senior Sen
ator from Tennessee [Mr. T aylor], from which I have been
released. I vote “ yea.”
Mr. MYERS. Some one announced a transfer to the Senator
from Kentucky without mentioning the name. I should like to
ask what Senator from Kentucky it is?
Mr. CHILTON. The senior Senator from Kentucky [Mr.
Paynter] .
Borah
Bourne
Bristow
Brown
Bryan
''Chamberlain
Clapp
Crawiped
Culberson
YEAS— 40.
Dillingham
McCumber
du Pont
McLean
Fletcher
Newlands
Foster
Nixon
Gamble
Oliver
• Heyburn
Overman
Page
Joimston, Ala.
Penrose
Eippitt
Perkins
Lodge
Pomerone
Lorimer
NAYS— 34.
La Follette
Cummins
Lea
Dixon
Martine, N. J.
Gardner
Myers
Gronna
Hitchcock
j O’Gorman
Johnson, Me.
W Owen
•Tones
Percy
Kenyon
Poindexter
Kern
Shively
Rayner
Richardson
Root
Smith, Md.
Smoot
Sutherland
Thornton
Warren
Watson
Wetmore
Smith, Ga.
Smith, Mich.
Smith, S. C.
Slone
Townsend
Williams
Works
NOT VOTTNG— 17.
Gallinger
Paynter
Gore
Reed
Guggenlieim
Simmons
Martin, Va.
Stephenson
Nelson
Swanson
Taylor
Tillman
So Mr. IIeyburn's motion “ that the report of the committee
adopted and that I saac Stephenson be declared entitled to
seat as Senator from the State o f Wisconsin in the United
[tafes Senate” was agreed to.
the announcement of the result, there ^ir'lipplause in
the gaT?'mes.
The V KHLPR ESI DENT. A pplause iff'4 he galleries is not
permitted. Tif^^hair trusts that i^rTtors in the galleries will
eventually undersffthd^jhat th ^ m r e there as guests of the
Senate and subject to n d ^ e s of the Senate, and that the
rules of the Senate prqhjJWc^!»itors in the galleries from ex
pressing their approval or disappP¥»$^of what takes place
upon the floor of UieSenate.
Mr. HEYBUBjtfT I move that the Senate adTfosjuti.
The motiop^was agreed to ; and (at 6 o’clock anrn*9Skminutes
p. m,, Wedffesday, March 27, 1912) the Senate adjourned'until
to-mori^w, Thursday, March 28, 1912, at 2 o’clock p. m.
H OUSE
O F R E P R E S E N T A T IV E S . *
W ednesday , March '7, 1912.
The House met at 12 o’clock noon.
The Chaplain, Rev. Henry N. Coudei l D. D., offered the fol
,
lowing prayer:
O Thou, who art supremely great an [ good, our God and our
Father, source of all our longings, hope , and aspirations, kindle
within our hearts a sacred flame whiclj shall burn brighter and
brighter as the years come and go unt 1 we shall have reached
the light of the perfect day in Christ Jisus our Lord. Amen.
The Journal of the proceedings of |yesterday was read and
approved.
THE WOOL SCHE1*JLE.
Mr. UNDERiyOOD. Mr. Speaker,fl desire to make a privi
leged report (Nov 455) from the Conniittee on Ways and Means,
reporting back tn^c bill II. R. 22195^ a bill to revise the wool
schedule.
4
,
Mr. MANN. Mi. Speaker, at this JLim it would be subject to
e
a point of order, b&t I shall not makf any point of order against
the report under tie circumstances/
The SPEAKER. YThe Chair is gfid that the gentleman from
Illinois made that remark, becausejit is the desire and thp in
tention of the Chair \> carry out tt
day in perfect good faith.
Mr. UNDERWOOD! I recogni^b, Mr. Speaker, the fact that
a privileged report w<%dd be suliject to a point of order this
morning if anybody deared to nJke it, but I think to expedite
business it is proper toVllow privileged reports to be made on
Calendar Wednesday, aqg. later jpn in the session there will be
conference reports o Here(I f or th purpose of being printed under
the rule, and it seems toyme tl at it would be proper to allow
them to come in, as long tfc tin e is no objection.
Mr. MANN. I think it\js H-fectly proper that this report
should be made now.
The SPEAKER. All of ^hjfse rules are made, of course, to
expedite business.
Mr. PAYNE. Mr. SpeakeiVl present the minority views upon
the bill revising the wool scladule, and ask that they be printed
along with the majority repftft (IP. R ept 455, pt. 2).
The SPEAKER. The C%1^ will read the title to the bill.
The Clerk read as follows
f
A bill (H. R. 22195) to revise flic duties on wool and manufactures
of wool.
Mr. MYEJJS. Thank you.
The"result was announced—yeas 40, nays 34, as follow s:
Bankhead
Bradley
Brandcgee
Briggs
Bjirnham
Burton
Chilton
Clark, Wyo.
Crane
Curtis
con
Iliiiey
(Marke, Ark.
lllom
Ilivis
M ar c h 27.
A
The SPEAKER. Is thlre objection to the request of the
gentleman from New Yorljf? [After a pause.] The Chair hears
none. The bill, together!with the report and minority views,
will be referred to the <fommittq| of the Whole House on the
state of the Union and pointed.
Air. UNDERWOOD. Mr. Spealkr, I understand that copies
of the bill H. R. 22195, just reported, are exhausted in the docu|ment room, and that th^re are no cVpies for Members. I desire
to ask unanimous consent that thereynay be a reprint.
I Mr. MANN. That i$ not necessarw The document room has
liuthority to order any number of co^es that it wants, 1,000 at
it time.
| Mr. UNDERWOOD. I wanted to be\sure that there would be
^enough copies for Members.
Mr. MANN. They will print them d^thout an order of the
House.
Mr. UNDERWOOD. Mr. Speaker, I withdraw the request.
CONGRESSIONAL RECORD— SENATE
1912
N (when his name was called).
I have a
thfe Senator From Minnesota* [Mr. N elson].
dews are upon tlie gfenerajr features o f this bill,
Bacon
Bailey
Bankhead
Bradley
Burnham
Clarke, Ark.
Cullom
NOT VOTING— 25.
Lippitt
Davis
Martin, Va.
Dixon
Nelson
Gallinger
Paynter
Gamble
Iteed
Gore
Smith, Md.
Guggenheim
Stone
Heyburn
4003
Taylor
Tillman
Warren
Watson
So Mr. H eybtjrn’ s amendment was rejected.
Mr. HEYBURN. I ask that the next amendment which I
junior Seriator from Maryland [M
with
Sneral
\ sent up may be stated.
S it h ]. In his absentee
m
The VICE PRESIDENT. The Secretary will report the next
me was called). I
Mr. CLARK o f / v
by
from Idaho.
from Missouri [Mr. ariiendment offered On the Senatorthe amendment of the com
have a general o h /' wi
Tlie^ S ecretary.
page 3, in
Senate and from the
S t o n e ], That is /ia t
mittee,Vm lines 16 and 17, it is proposed to strike out the fobs bill, so that I am lowing w ords:
city, but has rdUpsed
at liberty to tVre. I vote “ yea.”
And w % has reached the age of 62 years or over.
Mr. mTT.Tvc.HAAT
I have a
Mr. HEPBURN.
withdrew that
tl did
i.i in i iL^iiiii u WB'TTTT^iiiiii T Senator from South Carolina [Mr. tend that to be read. I They would all amendment,years o f not in
be over 62
age.
TiLLMjm], from which I am released on this vote. I vote
The VICE PRESIDENT. The Senator frony Idahj? with
“ Bay
draws the aSnendiuent just stated.
Mrf BURNHAM (when Mr. G a l l in g e r ’ s name was called)
Mr. HEYBURN. Yes; upon figuring it up I found/flint they
Tiny senior Senator from New Hampshire [Mr. G a l l in g e r ] is would all be otcr 62 years o f age. So that amqfadmo^t was not
neqessarily absent. He is paired with the senior Senator from necessary.
Kansas [Mr. C l a r k e ].
* — »—
—
The VICE PRESIDENT. The Secretary will rg^ort the next
[r. GAMB ) ,]f
1 .......■■nunm
i.t'.'.rroiiA.TT j have a gene
jiendment.
VV
pair wirii"the .junior Senator from Arkansas [Mr. D a v i s ], and
die S ecretary. \rn line 20, on page 3, befqfre^Flie word “ pen---•’ ’
■
The VICE PRESIDENT. The Senator from Idaho offers an r sioi\” it is proposedVb insert the word “ serv/c|
m \ HEYBURN. \_\at is only a part ofjp.he other amend
amendment, which will be stated.
0
ment^
Mr. HEYBURN. I w ill ask that the amendments be stated
TlieVlECRETABY. AiifLiifter the word “ pj^sion ” it is proposed
separately in the order in which I send them up.
The S ec r et ar y . On page 3, in the amendment reported by j- to inselt the fo]lowing\yords :
Of .$liner day, as hereinafter provided.
the committee, in section 3, after the word “ who,” in line 33, j
So that, if amended, it\yill rea d :
it is proposed to insert the words “ enlisted and,” so as to read: .
Be plaqpd upon the pension** roll and hjf entitled to receive a service
That any person who enlisted and served.
pension o l $1 per day, as heriiinafter flrovic^d.
And, in the same line, after the word “ served,” it is proposed »
Mr. HEYBURN. Mr.
siden# the/ purpose of the amendto strike out “ 90 days or more,” so as to read:
[
» be taken in confcectmm w h the amendment just
That anv person who enlisted and served in the military or naval [ ment is
service of the United States during the late Civil War, who has been r voted up i, which limited th^yPlass o service. This provides
honorably discharged therefrom—
L that they hall receive $1 a dtjjp^ If it
adopted, it will provide
And so forth.
that any erson who has series SO da
or more in the military
Mr. HEYBURN. Mr. President, I desire that that amend- 1 service, a d so forth, shalhu,ec%iVie a ervice pension of $1 per
merit shall be separately considered, and for the benefit o f those ‘ day, as
“ hereinafter provided ”
ereinafter prowued.
who were not in the Chamber at the time o f my remarks, I L merely r ers to the maimer of
’
yment.
will say that it is designed to let in all soldiers who enlisted 3
The V 5E PRESIDHKT. The\qili tion is on agreeing to the
and served in the war, without regard for their length o f serv
m Idaho [Mr. H eyburn ].
amendm it offered bjrth e Senato
ice, on the grounds which I stated at the time of suggesting the 1
The a endment w ts rejected.
amendment. They all offered the same thing and gave the same
CE PRESIDENT. The
|tary will state the next
The
thing, and the three months’ men met the first challenge o f war. 3 amendn
t.
Mr.
doing that after the
The VICE PRESIDENT. The question is on agreeing to the _
There is no
n rejected.
amendment offered by the Senator from Idaho. [Putting the 1 others
RESIDENT The Senator 'from Idaho does not
The
question.] By the sound the “ noes ” seem to have it.
!*
r amendment?
Mr. HEYBURN. Mr. President, I ask for the yeas and nays. L offer
>
URN. Not now.
Mr
The yeas and nays were ordered.
OWN. Mr. President,
send to tmkdesk an ainendM
Mr. JONES. Mr. President, I ask that the amendment be )r
ich I ask to have read.
head again.
•
}° men
E P R E S I D E N T . T h e RpnaJ
^iiiagka offer
ie VI
The VICE PRESIDENT. Without objection, the Secretary
. ...............I) H ^ffru 1
1
will again state the amendment.
Mr. BROWN. It is to be inserted at line 23 on iiage 4.
The Secretary again read the amendment.
The Secretary. On page 4, line. 23, after the words “ $30
The VICE PRESIDENT. The Secretary will call the roll.
per month,” it is proposed to inser! the follow ing:
The Secretary proceeded to call the roll.
W arren j .
That any person who served in the military or naval service of the
United States during the Civil War and received an honorable discharge
and who was wounded in battle or in line of duty and is now unfit for
I llieiexuxc »vxtxxjxvfn-i iny w w
The roll call was concluded.
Mr. JOHNSTON of Alabama. The Senator from Texas [ j
ItTrrrr ] is paired with the Senator from Montana [Mr. Dixoisf
I f present the Senator from Texas would vote “ nay.”
Mr. BRADLEY. I am paired with the senior Senator from
essee [Mr. T a y l o r ], and therefore withhold my vote.
The result was announced—yeas 22, nays 44, as follow s:
Borah
Bourne
Brown
Chilton
Clapp
Clark, Wyo.
Brandegee
Briggs
Bristow
Bryan
Burton
Chamberlain
Crane
Crawford
Culberson
Dillingham
Fletcher
YEAS— 22.
Ivern
La Follette
Lo rimer
Martine, N. J.
N ixon
Poindexter
NAYS— 44.
O'Gorman
Foster
. Oliver
Gardner
/ Overman
Hitchcock
f Owen
Johnson, Me.
1’age
Johnston, Ala.
Penrose
I.ea
I’erc.v
Lodge
Perkins
McCumber
Pomerene
McLean
Rayner
Myers
Richardson
Newlands
Cummins
Curtis
du Pont
Gronna
Jones
Kenyon
Shively
Smith, Mich.
Townsend
Works
Root
Simmons
Smith, Ga.
Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Thornton
Wetmore
Williams
th of service or age.
Mj l BROWX. Mr! President, this amendment is seetjafi 2 of
the mRlNtdrich passed the House, and the purpose of
is not
to penalize^ifise soldiers whose terms of service w as^ut short
by reason o f wounds received in the service or drf&eases con
tracted on accounuNfthat service. I do not cartmo discuss it.
[ should like to have fN^rie upon it, by yeas anjfnays.
The yeas and nays werN^dered, and the S ^ e t a r y proceeded
o call the roll.
Mr. BACON (when his n a m e > ^ ca lle d ^ I again make the
ame announcement I made upon
fanner vote. I do not
enow how the Senator from Minnesl
[Mr. Nelson] would
ote upon this amendment, and tlier
rd ^ jm n ou n ce the pair
nd withhold my vote.
Mr. JOHNSTON of Alabama (wffen the nanieVf Mr. B a n k head was called). My colleague impaired with the Sl^ator from
Idaho [Mr. II eyburn ]. I f my yjplleague were p resen t!*^ would
vote “ nay.”
Mr. BRADLEY (when
name was called). I make ^ e
same announcement t h a t /m a d e on, the preceding vote.
CONGRESSIONAL RECORD— SENATE.
4004
Mr. BURNHAM ( when his name was called). I make tlie
same announcement. I have a general pair with the senior
Senator from Maryland [Mr. S m i t h ] , In his absence I with
hold my vote.
Mr. DILLINGHAM (when his name was called). Because
of my general pair wi>h the senior Senator from .South Carolina
[Mr. T i l l m a n ] , from v^hich I have not b e e n .released, I with
hold my vote.
\
/
Mr. BURNHAM (wlien^Ir. G a l l i n g e r ’ s / n a m e w a s c a l l e d ) .
I again announce my colleague’s g e n e r a l p a i r w i t h t l i e s e n i o r
Senator from Arkansas [ M iy V ^ l a r k e ] . /
Mr. GAMBLE (when his mVne was called). I again make
the same announcement, that IYhave a general pair with the
junior Senator from Arkansas | \ f i y D a v i s ] . For that reason
I withhold my vote.
-Mr. HEYBURN (when his namcVwas called). I desire to
state that I am paired with the sem V Senator from Alabama
[Mr. B a n k h e a d ],
Mr. LEA (when his name"was called). I make the- same
announcement I made on the previous \ote in regard to the
transfer of my pair to the junior SenatoX from Rhode Island
[Mr. L l t p i t t ] , and therefore I vote “ yea.”
M r . SWANSON ( w h e n t h e name of Mr. M a r t i n of Virginia
was called). As previously stated, my colleague [ M r . M a r t i n ]
i s paired with the senior Senator from Illinois [Mr. C u l l o m ] .
If my colleague were present he would vote “ nay.”
Mr. SMITH o f Michigan (when his name was called). I
make the sammannouncement as on the previous vote. I vote
Mr. WATSON (when his name was called). I desire to
make the sfu’iie announcement as on the previous vote.
The roll call was concluded.
Mr. JOHNSTON of Alabama. The jjjikigr Senator from
Texas [Mr, -B a l l e y ], if present and not paired. would vote
is paired with the .senrOT'Senator from Montana
D ix o n ] .
^ v
The result was announced—yeas 34, nays 29, as follow '
Borah
Bourne
Bristow
Brown
Chamberlain
Chilton
Clapp
Crawford
Cummins
Bacon
Bailey
Bankhead
Bradley
Burnham
Clark, Wyo.
.Clarke, Ark.
/ *
YEAS— 34. .
La Follette
Lea
Lorimer
McLean
Martine, N. J.
Myers
O’Gorman
Oliver
Page
NAYS— 29.
Johnston, Ala.
Pomerene
Rayner
Lodge
Root
McCumber *
Simmons
Nixon
Smith, Ga.
Overman
Smith, S. C.
Owen
Smoot
Penrose
Percy
Stephenson
NOT VOTING— 28.
Cullom
Guggenheim
Davis
Heyburn
Dillingham
Lippitt
Dixon
Martin, Va.
Gallinger
Nelson
Gamble
Newlands
Curtis
du Pont
Gardner
Gronna
Hitchcock
Johnson, Me.
Jones
Kenyon
Kern
Gofifir---'a amendment was agrecd^tut
GffjRTIS. I offer the amendment I send to
as a
Tbstlftitefor section 1 of the Senate committee subs
The VH’E^^RESIDENIV The amendmei^L-jw^uosed bX the
Senator from
\
The Secretary. In lieu of section 1 as proposed by the c o \
mittee -insert:
Section 1. That any person who served in the military or naval
service of the United States during the late Civil War or the War with
Mexico, and who has been honorably discharged therefrom, and all
members of State organizations that are now pensionable under existing
law, shall, upon making proof of such facts according to such rules and
regulations as the Secretary of the Interior may provide, be placed on,
the pension roll and be entitled to receive a pension as follows : For
service of 90 days or more in the Civil War, or 60 days or more in the
War with Mexico, and less than 6 months, .815 per month ; for a servicj
of 6 months or more and less than 9 months, $20 per month ; for
service of 9 months or more and less than 1 year, $25 per month ; f^
a service of 1 year or more, $30 per month : P r o d d e d , That any sm
person who served in the War with Mexico shall be paid the maxir
pension under this act, to wit, $30 per month.
Mr. CURTIS. Mr. President, I think in justice to tlu^entjte
should state that this is section 1 of the Sherwoo^L-bTi], Iloifse
bilUfrq^L that passed the House.
Air
yiA n May I ask the Seyi^<*a question? Wii
the adoption or tllPNlimyiHluiuil Of lLie Senator from Nebraska
[Mr. B r o w n ] and the adoption of t h i s amendment of the Sen-^
ator from Kansas it would practically be the Sherwood bill.
Mr. CURTIS. It would.
M a r c s 29
The VICE PRESIDENT. The question is on agrt^ing to the
amendment offered by the Senator from Kansas.
Mr. CURTIS. On that I demand the yeas and m
The yeas and nays were ordered, and the Secretary proceeded
o’xall the roll.
„ MK BACON (when his name was called). Again repeating
the statement I made as to the attitude of the/Senator from
Minnesota [Mr. N e l s o n ] , I simply announce the pair and with
hold my\ote.
Mr. JOHNSTON of Alabama (when Mr. B a s y ’ s name was
called). Top Senator from Texas [Mr. B a i l e d is paired with
the Senator Srom Montana [Mr. D i x o n ] . If
> Senator from
Texas were present, he would vote “ nay.”
Mr. BURNHAM (when his name was called). I am paired
on this vote witlkthe Senator from M aryland/Mr. Smith ].
Mr. LORIMER Y when Mr. Cullom ’s name was called). My
colleague [Mr. Ccjnlom] is necessarily absent from the Cham
ber. He is paired with the senior Sena tor/from Virginia [Mr.
M a r t in ],
If my colleague were present, lm would vote “ yea.”'
Mr. DIPPINGHA m\ (when his name vms called). On this
question I am releaseoVfrom my pair with the senior Senator
from South Carolina [Nty. T i l l m a n ] , anf I will vote. I vote
“ nay.”
Mr. CLAPP (when Mr. \ J i x o n ’ s name/was called). The se
nior Senator from Montan\ [Mr. Dixoh] is paired with tlie
junior Senator from Texas [Mr. B a i l e y | .
Mr. BURNHAM (when M iA G a l l i n g e r ’ s name was called).
The senior Senator from New ^Hampshire [Mr. G a l l i n g e r ] js
necessarily absent. He is pairect as V have heretofore stated,
with the senior Senator from ArkiHisa* [Mr. C l a r k e ] .
Mr. GAMBLE (when his nameVvis called). I repeat my
statement that I have a general pnW with the junior Senator
from Arkansas [Mr. D a v i s ] . For t»at reason I withhold m y
vote. If I were permitted to vote, I AiVuld vote “ yen.”
Mr. HEYBURN (when His name AvaV called). I am paired
with the senior Senator from Ala bap a Mir. B a n k h e a d ] , His
colleague has stated that if the seiior SViator from Alabama
were present he would vote “ nay.’* So t^e pair will have to
stand.
Mr. SWANSON (when the namt of Mr. M a r t i n of Virginia
was called). As previously stated* my colleague [Mr. M a r t i n ]
i\paired with the senior Senator, from Illinofc [Mr. C u l l o m ] .
Ifvn y colleague were present anjl free to v o t^ lie would vote
r n\.
WATSON (when his namefwas called). I desire to make
the Aime announcement as on /the previous votiA- tliat I am
paire^ with the junior Senator/from Wyoming [M\. W a r r e n ] ,
Thq roll call was concluded.
BACON. In view of the/statement made that t\e amendjjust voted upon is the aune as the section in f\je Sherbill. I think I should p ik e an additional statement in
regai/l to the attitude of tlje Senator from Minnesota [Mr.
N e l s o n ].
The vote has takefi a different direction from what
he .-ynticipated when he left, sfnd therefore I can only state what
his/instructions to me were, i
he Senator from Minnesota instructed me that he would vote
r the McCumber amendment as against the Sherwood bill
nd tla t if the McCumber Amendment were defeated, he would
then vote for the Sherwood bill. I think, in view of that state
ment, probably the Senator from Minnesota,' if present, would
vote against this amendment, although I am not authorized
definitely so to state. I wish to add that if he were here and
if I were free to vote I myself would vote against it.
Mr. BRADLEY. I ddteire to again state my pair with the
senior Senator from Tennessee [Mr. T a y l o r ] , who is u\pvoidably absent by reason Qf severe illness.
Mr. CURTIS. The Senator from Colorado [Mr. GuggSni i e i m ] is paired with the Senator from Kentucky [Mr. P a y n t e r
The result was anncpiced—yeas 25, nays 41, as follows:
BYRAg—25._________
flourne
(Bristow
FBrown
Chamberlain
Chilton
Clapp
Crawford
Borah
Brandegee
Briggs
Bryan
Burton
Clark, Wyo.
Crane
Culberson
^Dillingham
Su Pont
Fmtcher
Kejiyon
Kero
La Follette
Lorimer
Martine, N. J.
O'Gorman
Poindexter
NAYS— 41.
Foster
Owen
Johnston, Ala.
Page
Lea
Penrose
Lodge
Percy
McCumber
Perkins
McLean
Pomerene
Myers
Rayner
Newlands
Richardson
Nixon
Root
Oliver
Simmons
Overman
Smith. Ga.
Cummins
Curtis
Gardner
Gronna
Ilitehcock
Johnson, Me.
Jones
Shively
Smith, Mich.
Townsend
Works
Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Thornton
Wetmore
Williams
CONGRESSIONAL RECORD— SENATE.
1912.
Bacon
Bailey
Bankhead
Bradley
Burnham
Clarke, Ark.
Cullom
NOT VOTING— 25.
Davis
Dixon
Gallinger
Gamble
Gore
Guggenheim Heyburn
Taylor
Tillman
Warren
Watson
.So Mr. C uktis 'a a
ent to the a mend m
j; o.)
Mr. J p ^ -^ p M o T fe r tbe following, to be known as"
Tlj^w^i^EPRESIDfiNT. In place of tbe present section
r. /ONES. A s a new section, tbe sections to be renumbered.
Tbe VICE PRESIDENT. Tbe amendment will be read.
Tbe S e c r e t a r y . Insert a new section, as follow s:
Sec. 2. That every widow who is now receiving or may hereafter be
entitled to receive a pension of less than $24 per month by reason of
the Civil War, shall, upon due proof that she w as the wife of a soldier
r
at any time during the war, be entitled to a pension of $24 per month,
the same to begin from the date of filing her application under the pro
visions of this act.
Mr. JONES. Mr. President, we have beard a greatrd¥ifn of
Lise for tbe men who offered tbeir 1iveil.Ta»< cPfelise of their
ccu rlliii^jm n i^bidtl^ M igliJ^ pjB B rtS i^ ^ n eartily join. This
finiendnient r ^ ^ f^ z e s 'fbe greater courage and the more intense
suffering and the noble sacrifices o f tbe women while tbeir busbands were at the front in defense o f tbeir country.
Mr. WILLIAMS. Mr. President-----/
Tbe VICE PRESIDENT. Does tbe Senator from Washington
yield to tbe Senator from Mississippi?
/
Mr. JONES. Certainly.
/
Mr. WILLIAMS. In tbe sentiment whiclVhas just been ut
tered by the Senator from Washington I anyheartily in accord.
In carrying out that sentiment would tbe Senator be willing to
so modify bis amendment as to say that the widow must have
been, during tbe war, durisg the soldier’s Service, his wife?
Mr. JONES. I intend toCsay that in tlie amendment. If it
does not express that it canYie worked o ft in conference. That
is tlie intention of the amendment.
Mr. WILLIAMS. I did no\ want to have any newly caught
widows included.
L
i
Mr. I)U PONT. I ask that tlie amendment be again read.
Tbe VICE PRESIDENT. Th\ Secretary will again read the
amendment
The Secretary again read the a fhdment.
Mr. McCUMBER. Mr. Presid it, I am inclined to think
that tbe truest friend o f the vete, pi o f tbe Civil War and tbe
pm would pause long before
truest friend of the widow of a v
lie would attach to this bill pitfvis pns that might jeopardize
it. I believe that we can pass tfiis 111! in the shape practically
it came from the committee wiiu them mendment that lias been
niade. I do not believe that i t is afcafe proposition to begin
to attach other matters thatihiay run into the millions, as to
the exact amount of which vJe have nolinformation. Tlie Sena
tor from Washington can ij) t give ustany estimate as to the
cost of tbe amendment or a* to what i\means. We have been
dealing pretty fairly well /with the wi&uvs. We raised their
pensions from $8 to $12 aj very short time ago. I have myself
since introduced bills fc tbe purpose! o f including all tbe
widows of the Civil War] We raised till amount some twelve
million dollars in 1908 a^ 'a separate prop sition.
r tbe widows of tbe
do somethin]
I believe if we want
Civil War it is better t4 take it up as a ugle proposition and
pass it upon its merits* rather than jeopa ize this bill in any
way, shape, or m anne/ by attaching to it omething of which
we can make no estimate at the present line. I f there are
votes enough here to/carry it through as n amendment then
there ought to be votes enough to carry it lirough as a separate proposition whjn we are informed o all the conditions
and know just exactly what it means. W e e i then pass it if it
appeals to us, and ff it appeals to the Horn they can pass it
also, as a propositi/n simple and clear o f it ■If. I f we believe
no question but
that the Widows avo entitled to more there
that the Senate wjtl always give it con si deration, as it always
has given consideration to any pension b ill; aim there will be no
danger, in taking |t as a separate proposition! that it will not
receive fair and limest treatment in the Senat
Mr. President, for that reason, and sincerelyMesiring to pass
a law here that yfill give the soldiers relief, that will become a
law and be placed upon the statute books, I, hope that no
amendment will be attached to it when we car| not say what
the amendment means.
.
Mr. JONES. Mr. President, just a word further. This
amendment is not offered for the purpose of endangering the
passage of this measure as finally amended, but it is offered as
a simple proposition of justice and recognition. It Seems to me
that the widows of tbe men who were at the front, and who
were bearing the burdens at home, should be given this legisla
4005
tion ; and the votes that can adopt this amendment can also
pass the bill.
The VICE PRESIDENT. The question is on agreeing to the
amendment offered by the Senator from Washington. [Putting
the question.] The noes appear to have it.
Mr. JONES. I ask for the yeas and nays.
Tbe yeas and nays were ordered.
Mr. IIEVBURN. Mr. President, I merely want to say, in
explanation o f my position, that I would favor an independent
fill to accomplish this purpose, for the reasons stated by tbe
Senator from North Dakota in charge of tlie bill, but I would
not ffefi like voting for it if it would Jeopardize in any way the
passage of the present bill.
The VICE PRESIDENT. Tbe Secretary will call tbe roll on
the ayjfcndment offered by tbe Senator from Washington [Mr.
JON]
ie Secretary proceeded to call; be roll.
Mr. BACON (whenIbis name as called). Again repeating
the statement which Is have m e in regard to tbe Senator
from Minnesota [Mr. N e l s o n ] ind announcing my pair with
him, I withhold my v o t e / '
Mr. JOHNSTON of A 1i f c a m a j * / when Mr. B a i l e y ’ s n a m e was
called). The junior Senator /from Texas [Mr. B ailey ] is
paired with tbe Senator ikon/ Montana [Mr. D i x o n ] . I am
satisfied that if the Senator’ fin Texas were present he would
vote “ nay.’
Mr. BRADLEY (when bis [ime was called). I again repeat
what I stated on tbe last vot^
garding my pair with tbe Senator from Tennessee [Mr. T aI
].
Mr. BURNHAM (when hj h&me was called). I again an
nounce my p a i r with the Se/latonfrom Maryland [Mr. S m i t h ] ,
as before.
Mr. DILLINGHAM (w hin his name was called). Because
of my general pair with tile senior Senator from South Caro
lina [Mr. T i l l m a n ] , I withhold my vdte.
Mr. BURNHAM (whenjplr. Ga l l i n dim’s name was called).
The senior Senator from fle w Hampshire [Mr. G a l l i n g e r ] is
paired with the senior Senator from Arkansas [Mr. C l a r k e ] .
Mr. GAMBLE (when his name was called). I again an
nounce. my pair with thqr'Senator from Arkansas [Mr. D a v i s ] .
I withhold my vote.
Mr. HEYBURN (whejj his name was called^. I am paired
with tbe senior Senate! from Alabama [Mr. H i n k h e a d ] , but
I understand that on thj vote he would vote “ n o w ’ thus relievvote “ nay.”
\
ing me from the pair.
Mr. SWANSON (w hin tbe name o f Mr. M a r t i n Of Virginia
was called). My colleague [Mr. M a r t i n ] , as previously stated,
is paired with the senior Senator from Illinois [Mr. C u l l o m ] ,
If my colleague were present be would vote “ nay.”
Mr. WATSON (when his name was called). I desire to
make tlie same announcement as on the previous vote.
/ b e roll call having been concluded; tbe result was an
nounced—yeas 25, nays 41, as follow s:
YEAS— 25.
Brown
Chamberlain
Chilton
Clapp
Curtis
Gardner
Gronna
Hitchcock
Johnson, Me.
Jones
Kenyon
Kern
La Follette
Lorimer
Borah
Bourne
Brandegee
Briggs
Bristow
Bryan
Burton
Clark, Wyo.
Crane
Crawford
Culberson
Cummins
Nixon
du Pont
Oliver.
Fletcher
Overman
Foster
• Owen
Heyburn
Page
Johnston, Ala.
Penrose
Lea
Percy
Lodge
Rayner
McCumber
Richardson
McLean
Root
Newlands
Simmons
NOT VOTING— 25.
Davis
Lippitt
Dillingham
Martin, Va.
Dixon
Nelson
Gallinger
Paynter
Gamble
Reed
Gore
Smith, Md.
Guggenheim
Stone
Bacon "
Bailey
Bankhead
Bradley
Burnham
Clarke, Ark.
Cullom,
Martine, N. J.
Myers
O’Gorman
Perkins
Poindexter
Pomerene
Shively
NAYS— 41.
Smith, Mich.
Townsend
Williams
Works
Smith, Ga.
Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Thornton
Wetmore
Taylor
Tillman
Warren
Watson
So Mr. Jones’s amendment was rejected.
Mr. SMITH of Michigan. I offer jwi amendment, which I
send to the desk.
The VICE PRESIDENT
ndment will be stated,
Tbe Secretary. On page'*
line 3, insert tbe following t
Any person who was held as a
for a period of 90 days shall be
per month.
er of war during the Civil War
to a pension at the rate of $30
CONGRESSIONAL RECORD— SENATE.
4006
Makch 29,
Mr. McCUMBER. Just a moment. A great many of them,
of course, are receiving more than $30 now; a large number of
them are receiving less than that sum. I would have to take
endment was rejected.
Mr. BURNHAM. I offer an amendment, which I seftd. to the the number and make the computation, but there are perhaps
twenty-five or thirty thousand, any way, who are receiving
desk.
their pensions under the general law for disabilities, and
The VICE PRESIDENT. The amendment will he state*
haps a greater number than that. Perhaps a third of th o^—.
The Secretary. After the words “ as follows,” on page
line 20, strike out all down to and including line 23, page 4' I am merely giving a rough guess—may now be receiving $30
er month. That would leave the other two-thirds o f ; that,
and insert in lieu thereof the following:
mber receiving about the same amount, $30. The ..Senator
, “ In case such person has reached the age of f>2 years and served 90
Everyone knows that there is no
days, $12 per month; 6 months, $13.50 per month; 1 year, $15 per wilU see why this is so.
jpopth I 1A years, $16.50 per month ; 2 years, $18 per month; 2j years, soldier now who is able to perform manual labor.
All of them
$19.50 per month; 3 years or over, $21 per month. In case such
J
person has reached the' age of 66 years and served 90 days, $14 per are-\ow of advanced age.
Mi\ CULBERSON. How near, if the Senator please, will
month ; 6 months, $15.50 per month ; 1 year. $17 per month ; 1J years,
$18.50 per month ; 2 years, $20 per month ; 2J years, $21.50 per month ; this amendment approximate to the Sherwood lull?
3 years or over, $23 per month. In case such person has reachcd^the
Mr. McCUMBER. The amendment is one q^the sections of
the SI erwood bill, and it would add several/niilions, but just
how n uch I can not now tell.
f
4*
Mr. SMOOT. Mr. President-----served 90 days, $20 per month ; 6 months, $21.50 per month ; 1 year,
$23 per month ; 1$ years, $24.50 per month ; 2 years, $26 per month ;
Tha VICE PRESIDENT. Does t h e / Senator from New
2S years, $28 per month ; 3 years or over, $30 per month.
Hani/shire yield to the Senator from UJftli?
The VICE PRESIDENT. The question is on agreeing to the
M f BURNHAM. Certainly.
/
amendment offered by the Senator from New Hampshire [Mr.,,j-«T[r. SMOOT. Mr. President, in atfswer to the Senator from
Texas [Mr. CulbersonI I call his ajfention to a report made by
the Secretary of the Interior on^ecem ber 16, 1911, found on
statement by way~oT'comparison between the proposed amend page 15 of the Senate Pension Committee's Document on Mili
ment and the substitute reported by the committee, sometimes tary and Naval Pensions of tha^Jnited States, in which he dis
known as the McCumber amendment. I want to state this in cusses House bill No. 1, section 2, and states as follows:
figuresWd to ask the attention of the Senate for a few moments
It is a very difficult matter v> give an accurate estimate as to the
increased cost which would resafllt from the second section of this bin
oniy.
the
to be entitled
I have tafoin five years by the estimate of the Pension Bureau in view of mustfact that eaotf person in battle or in to the $30 rate'
thereunder
have been^wounded
line of duty or
and have trieil to ascertain, and have, in fact, ascertained, the must have been disabled fn«n some disease or other cause incurred in
average annuaNlncreases for the next five years on the two the line of duty and be unfit for or unable to perform manual labor it
is not
the
propositions—tlieN^cCumber substitute and the proposition I section believed, howevew-that The number of beneficiaries under this
would exceed 15T000.
increase in the disbursements due
have just offered. T. find that for each year for the next five to this section woulcDprobably, therefore, not exceed $2,500,000 per
Jr
years under the substitute offered by the committee, it will annum.
be $20,410,S00; under this amendment as proposed it will be
Mr. CULBERSON. Mr. President, I ask the Senator from
$25,455,088.
\
New Hampshirgrto excuse me. I would not have interrupted
Mr. CULBERSON. Mr. President-----him had I known it would have taken so much time from tlio
The VICE PRESIDENT. Dites the Senator from New Hamp line of his thought.
shire yield to the Senator fronuTexas?
Mr. BURNHAM. I am very glad the question was asked; it
Mr. BURNHAM. Certainly. \
is entirely satisfactory.
Mr. CULBERSON. I will ask th^Senator from New Hamp
Mr. (GERMAN. Mr. President, one question.
shire what effect on the McCumber amWidment will the adoption
Tlie/FICE PRESIDENT. Does the Senator from New Ilampof the amendment offered by the Shpator from Nebraska sliire/rield to the Senator from North Carolina?
[Mr. B rown] have by way of increasin
'Sjtf. BURNHAM.
I do.
Mr. BURNHAM. This has no connection'^idth the amendment
Jr. OVERMAN. I want to ask the Senator from Utah a
just offered by me. It would of course addH.0 the McCumber
estion. I understand that the adoption of the amendment
amendment; how much, I can not state.
b f the junior Senator from Nebraska will only add about two
Mr. CULBERSON. It was adopted by the Senate as a
millions to the McCumber amendment.
amendment to the McCumber substitute.
Mr. SMOOT. That it will add $2,500,000 is the estimate, Mr.
Mr. BURNHAM. That is one amendment and tlih^whigfi I President.
have proposed is another. This does not include or fhayn the
Mr. BACON. Will the Senator from New Hampshire pardon
one about which the Senator inquires.
me for just a moment right on that line?
Mr. CULBERSON. It may not reach the particular? niftier,
Mr. BURNHAM. Certainly.
but I thought the Senator could advise me as to hownnuch
Mr. BACON. I understand the amendment offered by the
amendment adopted by the Senate, known as the, amendmen
Senator from Nebraska will put upon this list every Federal
offered by the Senator from Nebraska, would add to the
a wound in battle; it matters not
McCumber amendment.
4
iy that wound or not; if he had a
Mr. BURNHAM. I have given no especial- attention to the
fvas drawn, he will be on this list,
question as to the amount that would be added. I can only
ent-----speak definitely with reference to propositions as to which we
have obtained the estimates of the department.
Mr. McCUMBER, I f the Sena Mr will yield to me, I think
I can give the Senator from Texas some information.
The VICE PRESIDENT. Does the Senator from New Hamp
shire yield to the Senator from North Dakota?
Mr. BURNHAM. Certainly.
Mr. CULBERSON. I shall be glad to have the Senator from
North Dakota do so.
1 a moment. It is an impossibility
Mr. McCUMBER. It can not be given in exact figures, but if
’ensions or anyone else to estimate
one would take the present law, in a very short time he could
vision might include, though he can
make the computation. The section which has been placed in
lisabled by wounds. A great many
the bill reads:
y of soldiers who are wounded, are
That any person who served in the military or naval service of the
We had an example here to-day of
United States during the Civil War,and received an honorable discharge
and who was wounded in battle or in line of duty, and is now unlit
m Alabama [Mr. Johnston], who
for manual labor;" through causes not due to his own vicious habits,
d four times in battle, but was not
or who from disease or other causes incurred in line of duty resulting
in his disability is now unable to perform manual labor, shall be paid cusaoieci.
the maximum pension under this act, to wit, thirty dollars per month.
Mr. McCUMBER. It does'\ot make any difference whether
the soldier was disabled or m^; if he was wounded, he re
The Senator will see from the reading of that clause that it
will practically increase to $30 per month the pension of every ceives the pension.
Mr. BACON. If he was woundSlL whether disabled or not
soldier who incurred disability in the Civil War-----he receives it. There are no statist's by which an estimate
Mr. CULBERSON. How much?
can be made as to the number of soldiers who can be put upon
this list under the amendment of the Senator from Nebraska
My judgment is that the large majority on^oldiers who saw
any very extended service were, during thatNgrvice, wounded
slightly, if not seriously.
http://fraser.stlouisfed.org/
Mr. SMOOT. Of course the bill provides tliak the soldier
Federal Reserve Bank of St. Louis
must be wounded in the line of duty and also be iHRit for or
Tho
n i | i ........ .
h on agreeing to the
amfiaiasefftr
■
CONGRESSIONAL RECORD— SENATE.
1912.
bill, which you so ably defended on the floor of the Senate several
days ago.
This clipping I send you is not the sentiment of the Grand Army of
the Republic. In the speech following your masterly advocacy of the
Sherwood bill. Senator M c C u m b e r , I believe, championed the McCumberSmoot proposition on the same day. You will find on page 3609 of the
R ecord of March, 16, 1912, statements of the several prominent Grand
Army of the Rcp\iblic men who represent .the committee on pension
legislation appointed at Atlantic City during the encampment held at
that pl&ce in August^ 1910.
Inasmuch as the encampment of the Grand Army of the Republic
saw fit to select thosd honorable gentlemen to represent the veterans’
interest, that duty has' been one of painstaking and a trying one ; but
when they undertake to ’ .voice the sentiment of the entire veterans of
the Civil War, when tliejksay the Grand Army of the Republic favors
the McCumber-Smoot bill or proposition, or any other bill than .11. R.
No. 1, they assume too much responsibility of their own views in that
respect.
\
There is not a Grand Army h£ the Republic post from Maine to Cali
fornia which has seen fit to ind?wse any single one of the pension com
mittee for any expression favorable to the McCumber b ill; on the other
band, Grand Army of the RepubliA.posts by the score, veterans of the
Spanish War, and nearly every legislature of the Northern States, where
the bulk of our Civil War veterans reside, have petitioned both Houses
of Congress praying for the so-called dhllar-a-day pension bill.
I hope the honorable Senator will paiSflon me for assuming the privi
lege in writing this letter, but I simply &
>uld not refrain from writing
and letting you know that the pension conlmittee of the Grand Army of
the Republic does not represent nor voiced the sentiment of a single
Post of the Grand Army of the Republic favoring any bill other than the
dollar-a-day bill which passed the House an& known as H. R. No. 1,
and I trust you will be in the Senate ready to make some reply to those
statements offered in support of the McCumber hull this afternoon.
I desire to say that 95 per cent of the Civil War veterans who have
loyally and gallantly defended the old flag and thft Union in those days
of trial and danger are to-day praying for the passage of the so-called
dollar-a-day pension bill, H. R. No. 1, as it parsed the House of
Representatives.
\.
1 do hope you will successfully win out for those deserving and almost
destitute veterans and bring to them the necessary\relief in their
declining years.
\
Sincerely, v o u r s ,
D a n ie l , W i l l i a m s ,
V
L a te
C o m p a n y K , T w e n ty -th ir d P e n n sy lv a n ia V o lu n te e r
I n f a n t r y , P a s t P o s t C o m m a n d e r L i n c o l n P o s t , No. 3,
D e p a r tm e n t o f th e P o to m a c .
Mr. BRADLEY. Mr. President, I shall not detain "fche Sen\
ate-----Mr. KENYON. I rise to a point of order. We can nofoiear
what is being said on account of the confusion, and we should
like to hear it.
The VICE PRESIDENT. The Chair thinks the point of ordV
is well taken. The Senate will be in order.
\
Mr. BRADLEY. Mr. President, I do not desire at this late,
hour to unnecessarily take up the time of the Senate, and
speak only in behalf o f the soldiers. I f I remember correctly,
however, the soldiers never complained about the taking up"of
their time by the country in its hour o f need.
No hill can be passed here that will please everybody. For
that reason I was deeply interested in hearing the mdpbers of
the Grand Army of the Republic before our committee. Repre
senting, as they do, the only organization o f Ui-don^soldiers in
this country, I was very anxious to hear their opinion. They
oppised the Sherwood bill because it was founded alone upon
service. They were in favor of the standard proposed in the
Burnham bill. They did not ask for the bill.That carried the
most money, because it was estimated that the Sherwood bill
would carry $75,000,000. They only asked: for proposition 13,
which is embraced in the hill introduced J3y the Senator from
New Hampshire. They said that with that bill they would be
satisfied. They asked for this only as a matter o f justice, and
I quite agree with the Senator from New Hampshire, that they
ere entitled to justice.
We hear much said now about living within our income. We
did not talk in that way when we^a’sked these men to carry the
dag. There was nothing then sajet about not being able to pay
them, but all sorts of fair promises were made in order to in
duce them to volunteer to save the Union. I do not think we
should talk that way now. These men are entitled to pensions
as a matter of right and npt as a matter of charity. We owe
them a debt that we caR/never pay, because they saved the
country; and but for the® we would have no Union or Consti
tution; but for them w#'would not enjoy the liberty nor have
the wealth and power .that we enjoy to-day.
Mr. President, I thpik that when these old soldiers come and
tell us what they want and put themselves within the limit of
reason it would bonittle less than an outrage for us to refuse to
give them what Jffiey ask.
It has been anong while since the war, and some here do not
know anything about it, some who have heard but little about
ft. I saw something of it. I saw something of the blood and
the tears and the sorrow of that period. I heard the cries of
Weeping widows and orphan children. I saw the brave boys as
they marched to the battle field, under the flag, to the music of
the drum hnd fife, in all their young manhood and strength. I
saw them dead upon the battle field. I saw them brought home,
Rot with their shields, but upon them. I heard the clods that
fell upon their coffins. I saw the dark cloud o f woe and anguish
that overhung this country. Ah, we must not forget these
things. These men are old now. They have not the step that
they had then. Their ranks have been decimated, and they
have become old and feeble. Comparatively few of them are
left. The large majority have passed over the river and are
now resting under the shade of the trees.
Mr. President, shall we fail to do them justice? Shall we
refuse to give them what they are willing to take, not as a
charity, but as right under the duty that we owe them for the
grand service that they performed?
I voted in the committee against, reporting the Sherwood
measure because I did not believe it would pass the Senate,
and the Grand Army opposed it because they wanted an age and
service bill combined. I voted in favor o f reporting the Burn
ham bill, now being considered. I am in ffivor of it to-day.
I beg and plead with the Senate to give these men some
measure o f justice. To my friends across the way, some of
whom were gallant soldiers on the other side, I make a special
plea. I f there is any man who should love the soldier, it is the
soldier who met him upon the battle field and struggled with
him for supremacy. I appeal tn the old ex-Confederates in the
Senate to do what is right toward these old men who were
foemen worthy of their steel.
A short time ago in Kentucky a bill was introduced in the
legislature to pension tMc Confederate soldiers, and every Re
publican voted in itsuCRvor. I ask you now to be as generous
to the Union soldier^as our people were to yours in Kentucky.
Mr. President, we are told that there have been many billions
o f dollars paid yt pensions during the long period of 50 years.
Yes; there hay# been; and there have been many billions of
drops of bloo#‘ shed upon the field of battle; there have been
many gravejg dug, that rise to-day like billows upon the sea,
underneaGrAvhich repose the gallant men who lost their lives
in the sejTice o f our country and its flag.
Mr. WILLIAMS. Mr. President-----M iy'BRADLEY. D o not talk to me about what pensions
have-cost. The. question now is how shall these men be paid
what is justly due them and what they have the right to ask.
The PRESIDING OFFICER (Mr. B bandegee in the chair).
Does the Senator from Kentucky yield to the Senator from Mis
sissippi ?
\ Mr. BRADLEY. Certainly.
\Mr. WILLIAMS. The Senator stated that every Republican
member of the Kentucky Legislature voted for a bill to pension
ex-qpnfederate soldiers in Kentucky. Would the Senator from
Kentucky kindly state what the amount o f the pension was
per naram or per year?
th
Mr. l^RADLEY. Mr. President, I really do not know, but I
can say\t was all that was asked.
Mr. WILLIAMS. Ah, Mr. President, then it comes down to
a companion of what men ask. Can not the Senator from
Kentucky Approximate the amount that was paid to the exConfederate'Soldiers by the Legislature o f Kentucky?
Mr. BRADLEY. I can not.
Mr. WILLIAMS. Was it $6 a month?
Mr. BRADLEY. I do not remember.
Mr. WILLIAMS. W as it $3 a month or over?
Mr. BRADLEX- I do not remember. I think that the bill
was introduced b#. some Democrat as a measure of justice, and
I suppose that no dem ocrat in Kentucky would value the serv
ices o f a Confederate soldier at so small a sum as $3 a month.
Mr. WILLIAMS. ‘ M r. President, if the Senator from Ken
tucky will pardon tlid interruption, there was sitting to my left
a Kentucky Republican Member of the House and he has told
me that the amount w&s $10 a month. Does the Senator re
member if that is correo|?
Mr. BRADLEY. I do n o t; but, as I have said-----Mr. WILLIAMS. If i t V ere $10 a montll> that is less than
any pension in this bill.
Mr. B R A D L E Y . Well, Mr. President, all I have to say in
response to that is, in the fn%t place, if they conceived that $10
is all they were entitled to, 'that was their business and not
mine. In the next place, I w»nt to say that the difference in
value was very great between t^eir services and those for whom
we are now legislating. In the it case the pension was given to
men who fought to destroy tlie Government, and in this we are
asking for a pension to men who ifouglit to preserve it.
Mr. WILLIAMS. Mr. President\I should like to ask the Sen
ator from Kentucky another question. Of course I appreciate
the point he has just made. That dses not, however, affect the
Legislature of Kentucky very much Pdmagine. Did the pension
bill extended to ex-Confederates in Kentucky include anybody
except those who were, not in the enjoyment of an income
sufficient to live without a pension?
4010
i *
CONGRESSIONAL RECORD— SENATE.
Mr. BRADLEY. I do not know; I was not there. I simply
know that such a bill was passed.
Mr. WILLIAMS. I should like to add a word, if the Senator
from Kentucky will permit me, and then I will not bother him
any more.
The PRESIDING OFFICER. Does the Senator froip,Kerf-‘
tucky yield further to the Senator from Mississippi?'
Mr. BRADLEY. With pleasure.
._ .,n
Mr. WILLIAMS. If the State- of Kentucky did give any
pension to the Confedgr»te^9?jfniers upon any other basis than
absolute V c cd ffflfrfTecessity now, the State of Kentucky did
something which no other Southern State, as far as I know,
has done.
Mr. BRADLEY. That may be true, Mr. President; Kentucky
is in the ha'titi (if /ln imi < in j i i tlrnf-iTi"* “‘ T' n *1
h
l‘m
...... C<WQ
The PRESIDING OFFICER. The question is on agreeing ty
the amendment proposed by the Senator from New Hampshij
Mr. B u rn ham ].
^ H A M, On that question I ask for the yea£Mj|
March 29,
The VICE PRESIDENT. The questipu is on agreeing to the
amendment.
The amendment yyae rejected.
T h e S m ^ ^ t ^ ^ A ls o , in line 10, page 4, strike out “ seventy ”
and InSert “ sixty-eight.”
The amendment was rejected.
The S ecretary. Also, in line 17, strikeout “ seventy-five ”
and insert “ seventy.”
The amendment was rejected.
The VICE PRESIDENT. - The question is on agreeing to the
substitute offered by the committep...
.
Mr. CURTIS. On that I dem fnutne yeasal
The yeas aQ ^ iflrew ere ordered.
l
MS. Before you proceed to that, Mr. President
5re
amendment which I offered some days ago.
^ kHTCE PRESIDENT. The Senator from Mississippi offers
TI
amendment, which will be stated.
Che S ecretary. Add as a new section at the end of the bill
following;
"S e c . — . That no person shall receive a pension under this act who
is or shall be in receipt of an income of $1,200 per year.
The yeas and nays were ordered, anJ'ffie'SecreSr^iroceedec
to call the roll.
Mr. BACON (when his nafne was called). I again announce
my pair with the Senator ij'om Minnesota [Mr. N e l s o n ] and
withhold my vote.
Mr. JOHNSTON of Alabaiia (when Mr. B a i l e y ’ s name was
called). I announce that th®Senator from Texas [Mr. B a i l e y ]
is paired witlWlie Senator flom Montana [Mr. D i x o n ] . If the
Senator from Texas were pif;sent, I am satisfied he would vote
“ nay.”
Mr. BRADLEYVwken lift name was called). I again an
nounce my pair wmi the sftiior Senator from Tennessee [Mr.
T aylorI and withhold my \t>te.
Mr. BURNHAM (\\Ven Ms name was called). I make the
same announcement wiiV rJerence to my pair as before.
Mr. DILLINGHAM (mifti his name was called). Because
of my pair, already annou^Jed, I withhold my vote.
Mr. BURNHAM (when
r. Gallinger’ s name was called),
it in reference to my colleague as
I make the same announce
before.
Mr. GAMBLE (when h m ^ m e was c a l l e d ) . On a c c o u n t o f
the pair which I have her i f o r e t e n n o u n c e d , I w i t h h o l d m y v o t e .
I f I were permitted to vo
I w o w l v o te ‘ ‘ y e a .”
Mr. IIEYBURN (when i i s n a m ^ p v a s c a l l e d ) . I h a v e a p a i r
with the Senator from l a b a m a [ I f r . B a n k h e a d ] . I a m a d vised that if he were pr a n t h e w o n i^ l v o t e “ n a y . ” I s h o u l d
vote “ yea.” So the pair r i l l s t a n d .
Mr. SWANSON (whe; t h e n a m e o f
M a r t in o f V ir g in ia
.WILLIAMS.
!;1|T
to make a
speecll^I^IPMMliBW^Ibi1 1
1
j Lm is tired; We want to get
.ly
through and go lilmie. I hard ft hoye that the amendment can
pass. I have offered it becausp it seemed to me just and right
that it should be iteered.
This morning atlkome time/lie question arose as to where the
Government wouldVget the iwmey from to pension old soldiers
who were needy a i l neces*ous. The Senator from Indiana
[Mr. K ern ] said, a^d said/fery touchingly, that there were a
great many of them %riio coi ’ not live upon the pensions which
they were now recei'|ing, a 1 who had no other sources of in.
come except their pensions, ' felt then like answering the question propounded by swing
u should find out what is the average income of an Anftrica family. I do not know what the
figures are under the tens
of 1910, but under the census of
1900 it was $460 a year. l l you would fix $140 more than that
receive a pension who was in the
and say that nobody
r
f $600 a year—$50 a month—you
enjoyment of an incoil
rom the pension roll by that to keep
would save enough rnon]
['ederal soldier in the United States,
out of destitution every
ess my calculation is wrong, sdnie
You would save by it,
fifteen or twenty million] liars, taken from those who do not
need it and given to those riio do need it.
;ev had much sympathy for that sort
Mr. President, I have
of patriotic sentiment thaft sounds in dollars and cents. I have
a very high degree of sympathy for that sort of sentiment which
does not permit an old maJOwho has served his country in times
of war to suffer in his ol<\ age. I expect, if the truth were
w a s c a lle d ).
I h a v e s ta le d th e p a ir o f m y c o lle a g u e [M r . M a r known, that I would go asuar as any of you to take care of
n a y .”
t r i!
II In 11 'rc p r ^ m t
1
that class of pensioners, .j I Mo not know that the suspicion is
Mr. WATSON (when his name
tile d ).
I a g a in a n absolutely correct, but I am iersuaded that it is; I suspect that
nounce my pair with the junior Senator
M V y o m i n g [Mr.
I would go as far as any o f ytu in that direction.
ARSEN].
But I have not wanted; to imish the amendment to that point.
The roll call having been concluded,
I have not offered an anffendinsnt that no one in receipt of $600
nounced—yeas 29, nays 36, as follows:
a year clear income should reclive any benefit from this pension
YEAS— 29.
act. I have offered an pmendlpent that nobody in the enjoyBorah
La Follette
Cummins
Poindexter
Bourne
Lorimer
- nt of an income of $ j,200 a wear or over should receive any
Curtis
Shively
Bristow
McLean
Gardner
Smith, Mich.
n this pension act. \
Brown
Hitchcock
Martine, N. J.
Townsend
£100 a monttk twice a* much as the average head of
Chamberlain
Johnson, Me.
Myers
Works
Chilton
Jones
O’Gorman
a the United States ewjoys, and it must be rememClapp
Kenyon
Oliver
one-tliird o f ;the population of the United States is
Crawford
Kern
Page
n of the couptry that [lays pensions but receives no
NAYS— 36.
I am not complaining ol that. It is the war tribute
Smith, Ga.
Brandegee
Foster
Owen
defeated must pay. W grin and bear it, and we
>
Briggs
Gronna
Smith, S. C.
Penrose
Bryan
Johnston, Ala.
Smoot
Percy
^do it that neither we nor
Burton
i
Clark, Wyo.
Crane
Culberson
du Pont
Fletcher
Bacon
Bailey
Bankhead
Bradley
Burnham
Clarke, Ark.
Cullom
Lea
Perkins
Lodge
Pomerene
McCumber
Rayner
Newlands
Richardson
Nixon
Root
Overman
Simmons
NOT VOTING— 26.
Ileyburn
Davis
Dillingham
Lippitt
Martin, Va.
Dixon
Nelson
Gallinger
Paynter
Gamble
Reed
Gore
Smith, Md.
Guggenheim
Stephenson
Sutherland
Swanson
Thornton
Wetmore
Williams
Stone
Taylor
Tillman
Warren
Watson
B
I have,
rin and beat it; but
___
to
ing people of the balanceVff the United States, caricksmiths, preachers, ough\ to be taxed in the name
;m to pay largesses to menXwho are already in such
dition financially that tlieyVre twice as well off as
'"SaMr. B urnham ’ s amendment was rejectede head of ;a family in the Yjhited States, announce
again
fO X .
I offer the amendments which I send to
offered thiij amendment.
\
M r .'K E N N elson], and,
PRESIDING OFFICER. The question is on agreeing
vote.
The VICE PRESIDENT. The Senator from Iowa offers an amendment offered by the Senator from Mississippi, name was
sy’s
amendment, which will be stated.
r. WILLIAMS. I ask for the yeas anol nays.
The Secretary. In line 3, page 4, strike out the word sixtyThe yeas and nays, were ordered, and the Secretary proceeded
to call the roll.
six ” and insert in lieu thereof the word “ sixty-four.”
Mr. BACON (when his name was called),
my pair with the Senator from Minnesota [T
s\
not knowing how he would vote, I withhold m
Mr. JOHNSTON of Alabama (when Mr. B a
called). The Senator from Texas [Mr. B ailey ] \js paired with
the Senator from Montana [Mr. D ixon ], If the'Senator from
http://fraser.stlouisfed.org/
Texas were present, I am satisfied he would note “ yea.”
Federal Reserve Bank of St. Louis
i \
CONGRESSIOXAL KECOKD— SENATE.
1912.
Mr. JOHNSTON o f Alabama (w hen Mr. B an k h ead s
the effect that publicity is a sort of sunlight cure for
was called). My colleague [ » . B ankhead ] would '<>te the of evils. I hope this amendment, at any rate, will be v
VOTirtnimously.
same way.
-I
T ,-iPQirp
_________
___ - __________
tqf]
The VICE PRESIDENT. The question is on agreein
Mr. BURNHAM, (when
I m ade on th<4 I amendment proposed by the Senator from Mississippi,
make the same annchmcement as to my pair tm
Mr. W ILLIAMS. I ask for the yeas and
■
'
former vote.
>*,
J
nf 1 ^ J lr . --------------Mr. DILLIN GH AM (vHfin f i s name was called). Because o
M?.'
- .Mr.
my pair already announced!? I- wT withhold my vote.
ill
The VICE PRESIDENT. Does the Senator from Idaho de
Mr. BURNHAM (when M G allinger ’ s name was called). sire to offer an amendment to the amendment?
P:*
I desire to make the same sthtetoent in regard to my colleague
Mr. IIEYBURN. I desire to call attention, in response to
[Mr. G allinger ] as I did before. what the Senator from Mississippi has said, to an amendment
* Mr. GAMBLE (when hisfname wits called). I am paired, that I prepared and sent to the desk, and only withdrew be
as I have already announced, .and I therefore withhold my vote. cause of the vote on the first amendment, which read thus:
Mr. CURTIS (when Mr. G uggenheim ’ s name was called).
Any and all sums of money that may he due llo any person within the
The Senator from Colorado [Mr. G uggenheim ] is paired with class named herein may, upon the sworn declaration of such person
expressing his desire that any money that may he due or become due to
the Senator from Kentucky [Mr. P ayn ter ].
him shall he transferred to a special fund for the purpose of the pay
Mu
’( Wlmu-IUg;name was called). Because o f the ment of any pensions authorized by law toj be paid to any class of
pair which I have already dififtmnged, I will withhold my vote. Union soldiers or sailors.
My purpose in tqat was to compel th£ persons receiving pen
vTlie roll call was concluded.
/ Mr. BRADLEY. I again announce n iy ^ a ir with the senior sions, or to whom pensions w*ere due,/to make an affirmative
declaration declining to receive the pension, and for it to be
/ Senator from Tennessee [Mr. T aylor ] and wRJffiold my vote.
transferred to the gemeral pension fund, so that then we would
The result was announced— yeas, 30, nays 35, a s^ ollow s:
know who were quietw acquiescing iiy the receipt o f a pension,
YEASdespite the fact that tfcey were in no need o f it, and those who,
Borah
Smith, GaN.
Gardner
O’Gorman
feeling that they ougllt not in good! conscience to receive a
Bourne
Hitchcock
Smith, S. C. >
Overman
Bryan
Swanson
Johnston, Ala.
Owen
pension, would transfer\it. That wdhld have put them by the
Chamberlain
Thornton
Jones
Percy
record under a provision, which I think is in this bill, requir
Culoerson
Watson
Pomerene
Lea
ing the publication of tile names o f pensioners. I only withfiu Pont
Ilayner
Williams
Martino, N. J.
Fletcher
Root
Myers
rew the amendment because tlm amendment to which I
Foster
Simmons
Newlands
ought it was germane InVl not been agreed to.
NAYS— 35.
Ir. McCUMBER. Mr. president, before the Senate votes
Me Cumber
Shively
Crawford
Brnndegee
upfcn this question it is probably proper to call to their at
Smith, Mich.
McLean
Curtis
Briggs
tention the fact that the committee has already reported a secSmoot
Nixon
Gronna
Bristow
Oliver
Stephenson
Johnson, Me.
tion\ that seems to me to ([over; everything that is essential,
Brown
Page
Sutherland
Kenyon
Burton
except the matter of the publication, and the report which the
Penrose
Kern
Townsend
Chilton
committee asked for will colt Nothing. Section 4 reads:
La Follette
Perkins
Wet more
Clapp
Clark, Wyo.
Crane
Lodge
Lorimer
Poindexter
Richardson
Bacon
Bailey
Bankhead
Bradley
Burnham
Clarke, Ark.
Cullom
NOT VOTING— 26.
Cummins
Guggenheim
Davis
Heyburn
Dillingham
Lippitt
Dixon
Martin, Ya.
Gallinger
Nelson
Gamble
Paynter
Gore
Works
Smith, Md.
Stone
Taylor
Tillman
Warren
Se«. 4. That the Com m issioner^ Pensions shall make, at the time
of submitting his next annual_rep$iS-, a separate report for each county
of each State, Territory, or Distil t, containing a statement or table
whiah shall contain the names,
ghts of service, monthly rates of
payment, and residences of all
sioners of the United States; and
shaal thereafter, as said annual
orts are submitted, make separate
ports similar in all respects,
Lpt that such subsequent reports
e
iall contain only those added
he pension roll during the fiscal
'year for which each annual rep
made.
—
>
Now each county can rec ve Separately, and in a statement
that pertains to that coun
only, the names o f every soldier
WILLIA Ms w a f e M&dcd.
'TTlhendm ent
;
IMS. I now ■10> v
(
__ I send in that county drawing a p sion,\vith his length of service, and
so forth, and publish it, if
is soVlesired; but it does not seem
ie end of the bill.
to be necessarjr, Mr. Pres ent, tc* appropriate money now for
Ilie VICE PRESIDENT. The amendment proposed by
publishing something whi
perhaps the country does not deSenator from Mississippi will be stated.
anybodt does want the information,
The Secretary. It is proposed to add at the end o f the bill .sire to know, and which,
Vs in a public record and e can ge$ it.
the follow ing:
Mr. W ILLIAMS. M r / President! I hope the Senator from
That the Commissioner of Tensions shall cause to he published in at
forth Dakota will not m/sunderstanu the purport o f my amend
least one newspaper at the capital of each State a complete list of the
persons drawing pensions in that State, with their post-office addresses
ment. If I understandjftvhat the Slnator from North Dakota
and the amount of said pension, and whether the pensioner is a soldier,
las just read, which appears on pagi G section 4, it does every,
soldier’s widow, or child of a soldier; and there is hereby appropriated,
out of any money in the Treasury not otherwise appropriated, a sur ' rthing I want done excppt just w hal I want done; it fails to
not to exceed $5(1000 per annum to pay for such publication.
provide for publication It is the bl|ssed sunlight of publicity
AMS. Mr. President—I —
shaJlaAaJia^W^^tTate’s that I am seeking
The Senator says 1/iat it will cost some money to do what,
time for hardly two minutes. The Senate lias just voted down
on amendment not to allow men with a clear income o f $1,200 perhaps, the country/does not want me. I take for granted
a year to draw a pension under this proposed act. The Senate that the country doe£ want the sunli it of publicity upon the
must have done it, if they did it upon any sensible theory at all, pension roll, so th a t/lie good, honest p iple in every county and
io amongst them is enupon the theory that they want to make of the pension roll a in every bailiwick d a y read and see
roll of honor. At any rate, frequently that reason has been joying a pension a fd may determine hether or not the man
given in opposition to motions o f that kind. I f that be your enjoying a pension jacserves it, whether le is living or whether
liethcr somebody elsfc is drawing it in
reason, you do want to make it a roll o f honor, do you not? If he is dead, and
fthose three things mat- occur,
you will publish in each State the n/m e of the pensioner and name. Any one o:
have said nearly all | f this with a view
Mr. President,
Ihs post-office address you will call jfhe attention of his neigh
m o f the Senator fromlNortli Dakota.
borhood to him, and if he is a fraud and has no right to be getting the atten
Every word of w h icl I heard.
Mr. McCUMB
drawing a pension or if he is dead and if somebody else is
tf
But I saw that the lens ex machina upon
Mr. WILLIAft
drawing a pensioiU^pr him, that /fact will soon make itself
the other side ff the Chamber had liisjattention during the
known, and you may be able to Save a great deal o f money,
greater part of iy remarks.
which none o f you wan hi ;a id out. if
To recall the/Senator from North Dakota to the point, I do
I take it for granted that none oifyou want a man to receive a
Pension masquerading undent the n$me of another man, that no not think that pie Senator from North Dacota will contend for
body wants a pension for a dead njtin received by somebody who one moment th lt the people of the UnitedlStates do not desire
is living, and that nobody wftnti a roll o f honor to become public knowledge concerning this, as concerifing all other govern
tainted with dishonor by particular exceptions to its general mental and administrative affairs; but I tnied to reenforce my
character. I f that be the case, thfoe can be no harm in the ut own weak voice by reference to the present Republican Presi
most publicity with regard to peijfeteoers and the amounts they dent and a Republican ex-President of the (United States. We
have learned lately from those who are insurging upon the other
are receiving.
In this connection I will state that fNhave the high authority side that the greatest thing that any people can have in connec
o f the present Republican President of the United States and a tion with anything, the management o f corporations and every
Republican ex-President of the United SiV es— recently ex— to thing else, is publicity. It its spelled with a great big “ P,” and
So the amen
I
J
t
CONGRESSIONAL RECORD— SENATE.
4012
it is pronounced with the accent upon the first syllable; and all
I want is publicity concerning the pension? list, so that the go/d,
honest people—and as a rule most of the people, a majorityiof
the people, are honest—shall have knowledge of who in their
bailiwick is drawing a pension; and, t/ke my word for it, that
if there are any dishonorable names i$->on the pension list, that
are tainting this roll of honor by t^eir presence, the people,
having the honor of the Nation a f stake and dear to their
hearts, will soon make some sort /of communications to the
proper authorities which will stop ihe dishonor and may inci
dentally also stop a part of the expanse.
I hope that the chairman of the/ committee in charge of this
bill wilraiot object to the amendment which I have offered.
Mr. MtjCUMBEIt. Mr. Presided, the assumption that calls
for this amendment is that there/ is fraud and dishonor in Pen
sion legislation and in the pension roll. I do not believe there
is any frafid that has not been/ferreted out. I do not believe
that the public believes there i? any considerable fraud in the
matter of granting or receiving/pensions. I do not believe that
the public cares a continental about reading the names of the
soldiers who fire drawing pennons. The public knows that we
vote so much money for pensions; that there are so many thou
sand soldiers yet living, and/that they are dying at a certain
rate. I think t^at is all thfi public cares about knowing, and
I am not in favor of publishing this matter, but if anyone wants
to get the list for '^is own particular county he can do so under
section 4 of the pending sul&titute.
Mr. WILLIAMS." Mr. President, I know the Senator froi
North Dakota so wall that I know he did not intend to ny/fT
represent me as sayipg mat the pension roll was a roll/n f
fraud or that pension'-jeglslation was fraudulent. I said, In d
said so distinctly that I tjnink no human being could have mis
understood me, that we wanted to prevent a roll of honor fi
being tainted by individual cases of dishonor.
Now, the Senator sayjb'that there is no considerable fraui
I know of no more indefinite word in the English language than
the adjective “ considerable” ; but if there be any individual
cases of fraud, whether considerable or inconsiderable, if they
exist I have sufiicientfconfidence in the sense of honor of the
American people to believe that they want to know it; they
want to detect it; thpy want it removed; and they want it
removed in the name I f the hondj: of the men upon the pension
roll who have a rightlto be there:?
The VICE PRESIDENT. The Senator from Mississippi [Mr.
W illiam s ] has askefi for the yeas and nays on his amendment.
The yeas and nag's were ordered, and the Secretary pro
ceeded to call the rail.
Mr. BACON (wljjjen his name was chlled). I again announce
my pair with the gfenior Senator from Minnesota [Mr. Nelson ],
and withhold my /vote.
\
Mr. BRADLElf (when his name was, called), I again announce my pair Ind withhold my vote. \
Mr. BURNHApl (when his name was Galled), I again announce my pair)
Mr. DILLINGHAM (when his name was called), I withhold my vote because of my pair already announced.
Mr. BURNHAM (when Mr. G allinger’ s name was c-alle/)
I make the same statement as before with reference to Any
colleague [Mr. G allinger] and his pair.
/
Mr. GAMBLE (when his name was called). On account of
a pair already announced, I withhold my vote.
[
Mr. HEYBURN. Because of the pair already announced, I
withhold my yotg^.,—.------------—
(UieHrotturffTT was concluded.
Mr. CIJRTIS. I am requested to announcSHlmt the Senator
from “Colorado [Mr. Guggenheim ] is paired witlb-^e jSenator
from Kentucky [Mr. P aynter ],
The result was announced—yeas 26, nays 37; as foil
YEAS— 26.
Bourne
Bryan
Chilton
Culberson
du Pont
Fletcher
Foster
Borah
Brandegee
Briggs
Bristow
Brown
Burton
Chamberlain
Clapp
Clark, Wyo.
rane
Gore
Owen
Johnston, Ala.
Percy
Lea
Rayner
Lodge
Root
Myers
Sunmons
Newlands
Sfcith, Ga.
Overman
Smith, S. C.
NAYS— 37.
Cummins
McCumber
Curtis
Martine, N. J.
Nixon
Gronna
Hitchcock
O’Gorman
Oliver
Johnson, Me.
Page
Jones
Penrose
Kenyon
Perkins
Kern
Poindexter
La Follette
Lorimer
Pomerene
\
Swanson
Thornton
Watson
Wetmore
Williams
Richardson
Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Works
>
\
%
" ... M ARCH 29
NOT VOTING— 28.
Guggenheim
Cullom
Heyburn
Davis
Lippitt
Dillingham
McLean
Dixon
Gallinger
Martin, Va.
Gamble
Nelson
Paynter
Gardner
T>?r'4
Tk^
it -of Mr.
Mr. President, I desire to offer as o M fw section
the am<*tSiment I proposed a moment, ago, limitgfi^nioweycr-,-^
as to includeSttiv those widows who haveirgjgjjm ed nTCh since
the death of the rase whose wives they n^ieaurm g the Avar.
The VICE PRESIDENT. The amprfnnent will be stated.
Tlie S e c r e t a r y . It isp N n o s e ^ i^ u ld the following as a new
section at the end of the bilj*~^^
Mr. yJONES.
1
1
.(
0
Sec. 5. That every widoi^Wio is noj^x'cciving or may hereafter be
entitled to receive a pensiim of less than
per month by reason of
the Civil War shall, ua^lTduo proof that s h e ^ s t h e wife of a soldier
at' any time during^fiRT war, and that she has lW ^ e e n married since
the death of sucl^Pldier, be entitled to a pension ofHS^per month, the
same to begi:
5m the date of filing her application
visions of
"act.
Thfl^TfCE PRESIDENT. The question is on agreein
awifromneut offered by the Senator from Washington.
By the sound the “ noes ” have it.
Ml*. J BN F S
1
.
i inrir imi urn—
ri
■
in
T h e a i p ^ r e n t was rejected; there being, on a
Mr. LEA. I offer an amendment to come in as the last clause
of the bill.
The VICE PRESIDENT. The amendment will be stated.
The Secretary. xVt the end of the bill it is proposed to add
the following:
And that no person shall receive a pension under this act who is or
shall be in receipt of an income of $2,400 per year.
Mr. LEA.
I ask for the yeas and nays on the amendment.
and nays were ordered, an d ^ ^ ^ e cr e ta ^
Mr. BRADfcJQY (when his name was called),
again announce my pair/^lfsiRrefram from voting
Mr. BURNHAM (wft'sttMiis name was caUfft). I make the
same statement with referCTS^^ my paij^fs before, and with
hold my vote.
Mr. DILLINGHAM (when liisju«i^e was called). I with
hold my vote for the reason
?h*nounced.
Mr. BURNHAM (whenAWLGALLTKGER^aame was called).
I make the same stat^tffnt as before witliN»|ference to my
colleague [Mr. Gam R ge*].
W
Mr. TJEYBUfiy^(wheu his name was called). For
l’eason ai reaRy announced, I withhold mj
call
Mr.
”“astf.in announce my pair with thf?
1
Se*tJ*Tor fr<
L*on\Minnesota [Mr. N elso n ] and withhold my vot^S^
the result was announced—yeas 34, nays 32, as follows:
Borah
Bourne
Bryan
Chamberlain
Chilton
Crawford
Culberson
du Pont
Fletcher
Brandegee
Briggs
Bristow
Brown
Burton
Clapp
Clark, Wyo.
Crane
Bacon
. Bailey
/| Bankhead
Bradley
Burnham
.Clarke, Ark.
' ’" ’torn *
YEAS— 34.
Foster
Myers
Gardner
Newlands
Hitchcock
O’Gorman
Johnston, Ala.
Overman
Jones
Owen
Kern
Percy
La Follette
Perkins
Lea
Pomerene
Rayner
Martine, N. J.
NAYS— 32.
McLean
Cummins
Nixon
Curtis
Gronna
Oliver
Johnson, Me.
Page
Kenyon
Penrose
Toindexter
Lodge
Richardson
Lorimer
McCumber
Root
NOT VOTING— 25.
Heyburn
Davis
Dillingham
Lippitt
Dixon
Martin, Va.
Gallinger
Nelson
Gamble
Paynter
Gore
Reed
Guggenheim
Smith, Md.
Simmons
Smith, Ga.
Smith, S. C.
Swanson
Thornton
Watson
Williams
Shively
Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Wetmore
Works
Stone
Taylor
Tillman
Warren
$
91
■m
k
1 If
?
’•
f
: 1l
/k>
"amentttfi^ht wn.A g r e e d tc
CE PRESIDENT. The question now is on agreeing
to the substitute offered by the committee as amended.
" ~~ ^culberson ; -H \t iinrtriTiTTTrr^T^tTTrpT-i ilium...wrnnrrp
in oreff!? “fTfltt'ftr fv o fe n ia y not be misapprehended, that I am
opposed to both the McCumber hill and the Sherwood bill. I
wilt vote “ nay ” on this roll call, noj^hecause I favor the Sher
wood bill, but because I am opposefiAo both.
\
‘Jjj
—
1912.
-/
A
CONGRESSIONAL RECORD— SENATE.
\ Mr. CLARK of Wyoming. Mr. President, I have a general
Dair, as announced, with the Senator from Missouri [Mr.
^ 0 3 te], who asks thqt I make this statement:
a the final vote I wish you would say for me this y
* la e Senator from Missouri requests me to say that, taken as a
K ,,\ e and as reported, ho does not favor either the House hill or the
mu Reported by the Senate committee.”
O’Gorman
Oliver
Page
Penrose
Chilton
Culberson
Foster
Gardner
Hitchcock
Johnson, Me.
Perkins
Poindexter
Pomerene
Richardson
4013
Root
Smith, Mich.
Smoot
Stephenson
NAYS— 21.
Percy
Johnston, Ala.
Rayner
Kern
Lea
Shively
Martine, N. J.
Simmons
Overman
Smith, Ga.
Owen
Smith, S. C.
NOT VOTING— 26.
Cullom
Heyburn
Davis
Lippitt
Dixon
Martin, Va.
Gallinger
Nelson
Gamble
Paynter
Gore
Reed,
Guggenheim
Smith, Md.
Sutherland
Townsend
Wetmore
Works
—
Swanson
Thornton
Williams
m \ RAYNER. Mr. President, I desire t< announce iliat I
3
will vi^te against both the bills for the same reasons than have
3ust b<Sen given.
\
Mr. MARTINE of New Jersey. Mr. President, I desire to Bacon
Stone,
announce that I shall vote against the McCumber bill for 'The Bailey
Taylor
Tillman
reason ttf&t I want to vote for the Sherwood bill, and I shhn Bankhead
Bradley
Warren
vote for i&if the opportunity is presented.
x[■.Burnham
Watson
Mr. OVERMAN. Mr. President, it is only fair that I should Clark, Wyo.
•say that haYing stated I would vote for the McCumber amend Clarke, Ark.
ment to the\siierwood bill, since it hhs been amended by the
So the committee amendment as amended , was Agreed to.
amendment ot the Senator from Nebraska [Mr. B rown ] and is
The VICE PRESIDENT. I f there be no further amendment
so vague and vkill require so much additional appropriation that as in Committee of the Whole, the bill will be reported to tlie
We do not understand, I shall vote “ nay ” against that amend Senate.
ment.
The bill was reported to the Senate as amended.
.The VICE PRESIDENT. The question is on agreeing to the
The VICE PRESIDENT. The question is on concujfting in
the amendments made as in Committee of the Whole.
substitute of the Committee as amended.
Mr. McCUMBER. I wish to reserve that section vrfTiicli was
Mr. tlURTIS. Have not the j^eas and nays been ordered
on it?
offered by.the Senator from Nebraska [Mr. B rown ] :uid adopted,
The VICE PRESIDENT. The Chair does not understand for the purpose o f changing the phraseology in one/respect, and
that the yeas and nayYhave been.ordered upon the amendment, I think thfe'Senator from Nebraska will agree with me. I can
only state theUines as they appear in the original bill, and the
hut that they were ordered upon tiic passage o f the bill.
clerks can findNit.
Mr. CULBERSON. l\isk fo r the yeas and nays.
The VICE PRESIDENT. The Senator from North Dakota
The yeas and nays wei\ ordered, and the Secretary proceeded
asks for a separate vote on the so-called Brown amendment.
to call the roll.
Mr. BACON (when his game was called). I have a pair on Is a separate vote asked on any other amendments? I f not, the
this bill with the senior Senator from Minnesota [Mr. N elson], question is on concurring in the amendments other than the
and by his instructions I announce that, if present, he would Brown amendment;
vote “ yea.” I f he were present and I were at liberty to vote
The amendments Were concurred in.
The VICE PRESIDENT. The question now is upon concur
I would vote “ nay.
Mr. BRADLEY (when his Viame was called). I again an ring in the Brown amendment.
nounce my pair with the senior Senator from Tennessee {Mr.
Mr. McCUMBER. I ask to amend th^t by striking out the
T a y l o r ], and will refrain from Voting.
words where they appear in line 14 of th£ original bill “ through
Mr. BURNI-IAM (when his name was called). I make the causes not due to his own vicious habits ” and inserting in lieu
same announcement that I have\made heretofore, that I am thereof “ by reason thereof,” so that the section will then read :
paired with the Senator from Marwand [Mr. Sm ith ].
That any person who served in the military or naval service of the
I
Mr. DILLINGHAM (when his dame was called). I am in- United States during the Civil War and received an honorable discharge,
and who was wounded in batHe or in lino of duty and is now unfit for
! formed by the Senator from South Carolina [Mr. T illm an ] that manual labor by reason thereof or who f/om disease, etc.
l V is in favor of this amendment tb the bill, and therefore I
That makes the two portions o f the sections the same. I think
| f'ee| authorized to vote. I vote “ yea'
Mr. CLAPP (when Mr. D ixon ’s Yaine was called). The it was certainly an error than it passed the House in that shape,
because if there
be a
senior Senator from Montana [Mr. D hcon] is paired with the aud although no was as much V s a scratch it wouldsoldierwound,
disability would flow from it, the
would
Junior Senator from Texas [Mr. B ailey \ I f the senior Senator be entitled, because of ever so s light a wound, to receive $30 a
from Montana were present and at liberty to vote he would month. It might have nothing to do with the matter o f his in
vote “ yea.”
;
'
ability to perform manual labor; \ I hope there will be no objec
Mr. BURNHAM (when Mr. GallingerY name was called). tion to this amendment to the \mendment, because the next
My colleague, the senior Senator from Nmv Hampshire [Mr. portion reads:
/
G a l l in g e r ], is necessarily absent. He is paired, as I have
Or who, from disease or other Causes incurred in line of duty, result
stated, with the senior Senator from Arkansas [Mr. Clarke ]. ing in his disability—
j
If my colleague were present, he would vote ‘V e a .”
You see in that case it mtfst result in his disability
Mr. GAMBLE (when his name was called). As I have stated, is now unable to perform manual labor, shall be paid, etc.
I have a general pair with the junior Senator Vrom Arkansas
We want both sections to mean than.if the wound or the dis
[Mr. D avis ], and therefore withhold my vote. \ lf I were at
ease resulted in his inability to perform manual labor, then he
liberty to vote, ^ would vote “ yea.”
\
.Mr. HEYBURN (when his name was called). Aam not ad- should receive the higher amount.
Mr. BROWN. Mr. President, I do noftthink the change sug
vjsed as to hovfr the Senator from Alabama [Mr.' B ankhead ]
would vote if lie were present. I am paired with thaf Senator, gested, by the Senator ife in fact very material, but at the same
time I do not feel like accepting the suggestion for the sole
nnd will there^ore withhold my vote.
Mr. LORIMpGR (when his name was called). I wi^b to an reason that if the change is made it throws the section into
nounce the pair of my colleague [Mr. Cullom ] with th\ senior conference. The section as passed and adoYted by the Senate
Senator from Virginia [Mr. M artin ]. I f my colleagu<K.were is the section as parsed and adopted by the j^Iouse, and it will
committee if
not be subject to t ie vicissitudes of a confer
Present and permitted to vote, he would vote “ yea.”
Mr. SMITH of Michigan (when his name was called). IVim left in the shape it? is in now.
ggest to the
The VICE PRESIDENT. The Chair might
Paired with the Senator from Missouri [Mr. R eed]. I transfer
Senator that, th# entire House bill having beef stricken out,
that pair to the Senator from Rhode Island [Mr. L ippitt], a
the wljole matter would be in conference, if iO goes to conVote “ y e a .”
/
.
Mr. WATSON (when his name was called). I wish to an ference.
Mr. LO D G E / The whole matter would he in coherence
Pounce my pair with the junior Senator from Wyoming [Mr.
""I r Ti7 wc;'f j'.resent, he would vote “ yea.” I f I i does not protect it in the least..
Mr. BRO W N I may be wrong about it, but I lia ,
' Wot-eTat liberty to vote, I would vote “ iifiy.”
The roll call having been concluded, the rSsuljt was an \pression thajf there is some advantage in having adoj
separate section a provision which the House adopted a„
nounced— yeas 44, nays 21, as follows:
. •
YEAS— 44.
Borali
Bourne
^randegee
Brigq-g
Bristow
Brown
Bryan
Burton
Chamberlain
Clapp
Crane
Crawford
Cummins
Curtis
D illin g h a m
du Pont
Fletcher
Gronna
Jones
Kenyon
La Follette
^N .
Lodge
Lorimer
McCumber
McLean
Myers
Newlands
Nixon
is entirely Independent of the other provisions of the
really am
opinion that the change suggested does not
\ change th£ substance or meaning of the provision, and
i does not have the effect to injure it iu conference I wi
'resist it. Senators wiser than I as to the effect and who
had more extensive experiences in conferences may he
rect about it, and if it is their judgment that it will all he i'
CONGRESSIONAL RECORD— SENATE.
’conference anyhow, the Senate can pass it, but personally I do
hot care to take the responsibility of accepting the suggestion.
Mr. BACON. Mr. President, I do not like to differ from so
distinguished an authority as the Senator from Massachusetts
[Mr. L odge ] , especially under the suggestion of the Chair, but
if there is a rule which I think is ironclad it is that where the
two Houses agree in any one thing, without any change or
difference whatever, it can not be interfered with by a con
ference committee; and the fact that for convenience a general
course has been taken to run a line through and rewrite the
bill, sp as to make it more convenient than to offer separate
amendments for each part, does? not change in any particular
that rapt. If that were the case, Mr. President, all we would
have toulo whenever a bill came from another House to which
there would be one amendment to be offered would be to re
write the whole bill, except as to that one amendment, and
make the, change as to that one amendment and then say the
whole bilk will be agreed to by the second House in every par
ticular except that one amendment; and the claim that, although
thus agreed to, the entire bill was open to the action of the
conferees, r do not think can possibly be sustained.
Mr. BROWN. Not only that, Mr. President, but if the posi
tion be correct that it is all in conference, there is no need of
having this change made.
The VICE ^RESIDENT. The question now is, Will the Sen
ate concur im the reconimendation of the Committee of the
Whole?
1
,
Mr. LODGE. \ Then it?is open to amendment, subsequently?
The VICE R E S ID E N T . It is.
The amendment was -concurred in.
The VICE PRESIDENT. Now, the Senator from North Da
kota offers in the (Senate an amendment, which will be stated.
The S e c r e t a r y ! After the words “ manual labor ” in the
amendment strike |ufc the words “ through causes not due to his
own vicious habits!” and in lieu insert the words “ by reason
thereof.”
The amendment was agreed to.
Mr. BACON. I desire to ask the Senator from North Dakota
if he does not intend to go further and reach the point in the
amendment which strikes out all limitation as to time, or
whether the Senator desires to have that Brown amendment, as
we call it, adopted in the particular that no limitation of time
is placed upon the length of service.
Mr. LODGE. The whole Brown amendment is now certainl
open, since there has been a change in it.
Mr. BACON. / Undoubtedly; but the Senator from North Da
kota in charge of the bill has pointed out to the Senate one
amendment that he thought ought to be made to the Brown
amendment. I want to know from the Senator from North
Dakota whether he acquiesces in a further change which would
strike out altogether the Imputation of time in designating the
length of service.
Mr. McCIJMBER. Under The present law it makes no differ
ence how lo$g a man served i f he were wounded so as to obtain
a pensionable status. I did *ot draft this provision. I did not
put it in on my own vote, £t has been placed in here, and it
makes no limitation. I am nit seeking to do anything further
than to make it conform to what I think was intended.
Mr. BAJDON. I desire to cal| the attention of the Senator to
the fact that as I understand the Brown amendment it not only
reaches the cases of soldiers \fcho were wounded, but it goes
further, Extending to the cases of soldiers who were disabled by
reason of any disease contracted; and it removes all limitation
of time,fn both cases, both in th% case of disease as well as in
the case of wounds. I wish to know whether the Senator from
North Dakota intends to give his; acquiescence to the removal
of the limitation of time which Us found in the McCumber
amendment, as we called it?
Mr. McCUMBER. It is but perfectly fair to say that I oppose
personally the whole proposition and each and every section of
it, and I necessarily oppose that which will be without regard
to the length of service; but as the’;,Senate passed it with that
in, I simply acquiesced in that which the Senate wanted to do.
I thought by calling to the attention of the Senate what was
really an error, and not what the Senate intended, I could get
them to agree with me about it. But the Senate fully understood
what the other meant without any possible question, and they
voted to put it in.
Mr. BACON. I do not think there1is any doubt about the
fact that the Senate understood the whole thing, but the point
that struck my attention was this: The Senator from North
Dakota undoubtedly voted against the Brown amendment.
Now, when it comes to the Senate he points out a certain change
which he desires made, and he does not say anything about the
change of that feature of the Brown amendment which strikes
March 29
out the limitation in time. I desire to know whether the Sen
ator from North Dakota acquiesces in mat case, or whether he
desires to have the Senate again rested the limitation of time
Mr. McCUMBER. I simply acquiesce in it because the Sen
ate, after full consideration on a yea/md-nay vote, declared by
a majority of 2, I think, that they Ranted it in. Therefore p
was compelled toXacquiesce, and i i assumed that the Senate
would vote the same way again.
f
Mr. BACON. Tli\ Senate did the same thing as to the fea
ture in the Brown amendment which has been changed at the
instance of the Senalpr from North Dakota.
Mr. McCUMBER. Rut I do r&t think they fully understood
what the other feature Was. I /do think that the Senate fully
understood what the litet feature was, because it was very
clear.
\
/
Mr. BACON. There ha® bpfen nothing in the way of discus
sion which indicated that\thj6 Senate was at all in doubt as
to the particular feature X’/dch the Senator from North Da
kota has since succeeded ini having amended. There was cer
tainly no expression on the floor of the Senate.
Mr. McCUMBER. I asspm\ that any Senator can now move
to strike out those words.
The VICE PRESIDENT. IfThere be no further amendments
the question is on th§r engrossment of the amendment as
amended.
/
\
Mr. OVERMAN. I ask for thte yeas and nays.
The VICE PRESIDENT. The\ yeas and nays have been
ordered on the passage of the bill\
Mr. OVERMAN. Very well.
Mr. WILLIAMS. /M r. President, a parliamentary inquiry.
The VICE PRESIDENT. The Senator from Mississippi will
StcltG it.
Mr. WILLIAMS. I do not know that I caught it all, but I
understand that the amendment to the Brown amendment
offered by the Senator from North Dakota has been passed
Has the Brown, amendment as amended been submitted to the
Senate ?
The VICE PRESIDENT. The Brown amendment was con
curred in. The question is on the engrossment of the amend
ment and the third reading of the bill.
The amendment was ordered to be engrossed and the bill to be
?
read, a third timet--........... """
heUTnl was read the third time.
W.
The VICE PRESIDENT. The question is, Shall the bill pass?'
upon which the yeas and nays have been ordered. ___
T he '^ecpetegy-proccodod to call the roll.
Mr. BACON (when his name was called). As I previously
announced, I have a pair on this particular bill, as well as a
general pair, with the Senator’ from Minnesota [Sir. N e l s o n ],
By his authority, I now state that if he were present he would
vote “ yea.” I f he were present and I were at liberty to vote,
I should vote “ nay.”
Mr. BURNHAM (when his name \/as called). On this ques
tion I announce that I am paired wi£h the Senator from Mary
land [Mr. Smith ]- I f permitted to/vote, I should vote “ yea”
Mr. LORIMER (when Mr. C u ll Jm ’s name was called)'!
j
wish to again announce the pair of/rny colleague [Mr. Cullom]
with the Senator from Virginia [M l. M a r t i n ] , and to state that
if my colleague were present andjat liberty to vote, he would
vote “ yea.”
\
j
Mr. DILLINGHAM (when hig name was called). I again
announce my pair with the senior Senator from South Carolina
[Mr. T i l l m a n ] , and tfcat I feel authorized under a telegram
from him to vote. I v^te “ yea£”
Mr. CLAPP (when mV DixqSUs name was called). I desire
to announce the pair of the sepior Senator from Montana [Mr.
D i x o n ] with the junior Senaijpr from Texas [Mr. B a il e y ], i f
the senior Senator from Morgana were present and authorized
to vote, he would vote “ yV i/’
Mr. BURNHAM (when Mr. G a l l in g e r ’ s name was called),
make the same statement^ did before with reference to tlni
necessary absence of my Colleague [Mr. G a l l in g e r ] and his
pair with the Senator from ^Arkansas [Mr. C l a r k e ].. If my
colleague were present and voting, he would vote “ yea.”
Mr. GAMBLE (when his nanig was called). I again announce
my pair with the junior Senator from Arkansas [Mr. D avis]
and withhold my vote. I f I w&’e at liberty to vote, I would
vote “ yea.”
^
Mr. IIEYBURN (when his nam ras called). I have a pair
with the Senator from Alabama [ ■ B a n k h e a d ] . If he were
.
present I am advised that he wouk yote “ nay,” and was I at
liberty to vote I would vote “ yea.”
Mr. SWANSON (when the name of\Mr. M a r t in of Virginia
was called). I desire to announce that my colleague [Mr.
M a r t i n ] is detained from the Senate and is paired with the
CONGRESSIONAL RECORD— SENATE.
1912.
senior Senator from Illinois [Mr. C u l l o m ]. I f my colleague
were present, he 'would vote “ nay.”
The roll call was .CL'llcIuded.
Mr. CUI^Ly-fvr1"T a n * reqif?'Pt,f,k
d-~to announce that the Senator
from Colorado [Mr. G u g g e n h e i m ] is'tiftitfid with the Senator
from Kentucky [Mr. P a y n t e s ] .
Mr. BRADLEY. I again announce my pair wFHi. the senior
laTfrr from Tennessee [Mr. T a y l o r ] .
The result was announced—yeas 51, nays 16, as follcn
Borah
Bourne
Brandegee
■Briggs
Bristow
Brown
Burton
Chamberlain
Chilton
Clapp
Clark, Wyo.
Crane
Crawford
Bryan
Culberson
Fletcher
Foster
Bacon
Bailey
Bankhead
Bradley
Burnham
Clarke, Ark.
YEAS— 51.
McCumber
Cummins
McLean
Curtis
Martine, N. J.
Dillingham
Myers
do Pont
Newlands
Gardner
Nixon
Gronna
O’Gorman
Hitchcock
Oliver
Johnson, Me.
Page
Kenyon
Penrose
Kern
Perkins
La Follette
Poindexter
Lodge
Pomerene
Lorimer
NAYS— 16.
Percy
Johnston, Ala.
Iiayner
Lea
Simmons
Overman
Smith, Ga.
Owen
VOTING— 24.
NOT
Guggenheim
Cullom
Heyburn
Davis
Jones
Dixon
Lippitt
Gallinger
Martin, Va.
Gamble
Nelson
Gore
Richardson
Root
Shively
Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Warren
Watson
Wetmore
Works
2
other
State
s e r v ic e
(s.
S^ate
doc.
c o n g r e s s io n a i/ reco
P E T IT IO N S
jJ I)
k
M E M O R IA L S .
The VICE PRESIDENT /resented a concurrent resolution
adopted by the L egislature/)! the State of New Vork, which
Was referred to the Committee on Forest Reservations and the
Protection of Game and o /lered to be printed in <Ve R ecord ,
as follow s:
S tat e
of
N ew Y ^ rk
Office o f th e S e c r e ta r y i f S ta te.
. Pursuant to the directk/ therein contained, I have the\honor to
transmit herewith the foiriwing concurrent resolution of tati Senate
and Assembly of the S i n t e f o f New York, adopted March 4, 1012 :
S tat e
of
N e w Y orn ( I n S enate * ,
A lb a n y , M arch A 1912.
Whereas there have beer/introduced in Congress three bills (NoV II. R.
36, II. R. 4428, S. 2*67) to afford Federal protection to migratory
game birds; and
ork
( I n S e n a t e ),
1912.
of
N e w Y|>rk ( I n A s s e m b l y ),
M arch
1912.
The foregoing resolution was duly passed} a majority of all the mem
bers elected to the assembly voting in favor thereof.
By order of the assembly.
E.JA. M er r itt , Jr., S peaker.
The VICE PRESIDENT laid bef/re the\Senate the amend
nient of the House of Representatives to thA concurrent resolu
tion of the Senate (S. Con. Res. 1/ ) authorising the Librarian
° f Congress to furnish a copy o f ii\e daily aim bound C o n g r e s
s i g n a l R e c o r d to the undersecre/ary of state\for external af
fairs of Canada.
Mr. SMOOT. I move that /b e concurrent\resolution and
amendment be referred to the Qommittee on P ricin g.
The motion was agreed to
New f
M arch
The VICE PRESIDENT laid before th Senate a communication from the Attorney General, Van, initting, in response
information relative
to a resolution of the 25th instant, certa
, now owned by the
t° the number of carriages, vehicles,
Government, or maintained at Govern jnt expense and used
oy that department, etc., which was rete ired to the Committee
°h Appropriations and ordered to be npin fcd.
th e
of
\The foregoing resolution was duly passed, a majority of all senators
fceted voting in favor thereof.
to
g
'
3y order of the senate. \
F. Conway , P re sid e n t.
Paynter
Reed
Smith, Md.
Stone
Taylor
Tillman
in
g iV e r n m e n /
NO. 4 7 7 ) :
h, 1912.
F red W . H a m m o n d , Clerk.
Smith, S. C.
Swanson
Thornton
Williams
v e h ic l e s
In A ssem bly,
M arch
Concurred in without amendment.
By order of the assembly.
ADJOURNMENT TO MONDAY.
/
Mr. McCUMBER. I now move that when the Senate ad
journs to-day it adjourn to meet on Monday next. /
/
Mr. SMOOT. Mr. President-----Mr. LODGE. The motidu is not debatable.
/
Mr. SMOOT. I simply Want to say that I thijfk the calendar ought to be taken up to-morrow.
/
Mr.. PENROSE. It can be \aken up next week,
!*
Mr McCUMBER. We havediad a hard d a y ./
r.
The VICE PRESIDENT. Tile question is o/i the motion of
tile Senator from North Dakota [ M r . M c C u i / g e r ] that when
tbe Senate adjourns to-day it adj\urn to meet/on .Monday next
• The motion was agreed to
and
Whereas there is a very general sentiment in this State in favor of
such protection, and an urgent request for the enactment of such a
law has been made, as appears by numerous petitiems received : Now
therefore
R e s o lv e d ( i f th e a s se m b ly co n c u r ), That Congress'be, and hereby is,
requested to enact a law giving ample protection jto migratory game
birds ;
R e s o lv e d , That the legislatures of all other Suites of the United
States, now in session or when next convened, be, and they hereby are,
respectfully requested to join in this request by the adoption of this or
any equivalent resolution;
. R e s o lv e d fu r th e r , That the secretary of state be, and he herelw is,
directed to transiiiit copies of this resolution to t)ie Senate and House
of Representatives of the United States, and to tiie several Members of
said body representing this State therein ; also to transmit copies hereof
to the legislatures ’of all other States of the Unified States.
By order of the senate.
P a t r ic k E. -Mc C abe , Clerk.
So the bill was passed
Mr. SMOOT. I move that the Senate ad,
told that motion
McOTIMBER. Will the .JSflBariM
i0
for tT momentV"1.......................
Mr. SMOOT. Very well; I withhold the motion.
Mr. McCUMRER. I ask that the bill be printed as amended.
The VICE PRESIDENT. Without objection, an order there\v»
ill
Y n fn v o rl
for will be lentered.
M otor
4015
\
I
In witness whereof, I have hereunto |et my hand and the seal of
office of the secretary of state, at the cBv of Albany, this 25th day of
March, 1912.
[
seal
.]
E
dw ard
Ka
zan sky
, S e c r e ta r y o f S ta te.
The VICE PRESIDENT presented a resolution adopted by
Denver Brown Camp, No. 20. Vlifted Spanish War Veterans.
Department of Indiana, of Riclimond, Ind., expressing their
thanks to all who gave assistant® in the raising of the battle
ship Maine, etc., which was referred to the Committee on
Naval Affairs.
He also presented a memorial jbfttlie Central Labor Union of
Portsmouth, N. H., remonstrating % gainst the employment ot
enlisted men on Government vo!se]& lying in Portsmouth Har
bor, N. H., in the performance of work which heretofore de
volved upon civilian employees/which was referred to the Com
mittee on Naval Affairs.
He also presented petitions da the congregations of the Metho
dist Episcopal Church, the Mfcthodist and Baptist Churches of
Piedmont, A la .; the Evangelical Lutheran Church of Mohrsville, P a .; and the Presbyterian and *Iethodist Churches of
Big Sandy; of the Woman’/ Christian tem perance Unions of
U nion‘City, Oreg., Athens, Ea., Orofine. Idaho, Tennessee City,
Tenn., Winnebago, Minii., nsd Big Sandy,ITenn.; and of sundry
citizens of Union City, O ifg., praying fo\ the adoption of an
tion prohibit
the manufacture,
amendment to the Co
toxica ting
which were re
sale, and importation
the Judiciary,
ferred to the Committee
tion of the legal’ presentatives of
I-Ie also presented a
’ Michigan and
awattamie Indiai
the Pokagon Tribe of i
em as guarautection be granted
Indiana, praying that
ce treaty of August 3, 1795, which
teed in the Greenville
was referred to the Committee on Indian Affair
citizens of
Mr. SIMMONS pre-sfnted a memorial of sun
nsion of (lie
Gibsonville, N. C., remonstrating against the
tions which was
parcel-post system be/ond its present liinita
referred to tbe Coning ttee on Post Offices and Pos toads,
He also presented la petition of members of the linisterial
Union of Winston S;iem, N. C., and a petition of sundry citizens
of Rutherford, N. C i praying for the enactment o f an Interstate
liquor law to prevent the nullification of State liquor law s by
outside dealers, w llcli were referred to the CommitteeVni the
Judiciary.
Mr. SHIVELY [resented a petition o f Local Union n\ 51,
International Uni i of Steam Engineers, of Indianapolis, Ipd.,
praying for the c actment of legislation providing for the <Wstruction of one - the proposed new battleships in the Brook
lyn Navy Yard, \fhich was referred to the Committee on Naval
Affairs.
He also preserved a petition of Harry O. Perkins Camp, No.
25, Department p t Indiana, United Spanish War Veterans, of
South Bend, InJ., praying for the enactment o f legislation to
pension the widJw and minor children of any officer or enlisted
man who served!in the War with Spain or the Philippine insur
rection, which Was referred to the Committee on Pensions.
4016
CONGRESSIONAL RECORD— SENATE.
Mr. BROWN presented memorials of sundry citizens of Gor
ing and Bayard, in the State of Nebraska, remonstrating against
any reduction of the duty on sugar, which were referred to the
Committee on Finance.
He also presented petitions of sundry citizens of Amherst,
Potter, ’and Beatrice, all in the State of Nebraska, praying for
the adoption of certain amendments to the oleomargarine law,
which were referred to the Committee on Agriculture and
Forestry.
Mr. POINDEXTER presented petitions of the Woman’s
Christian Temperance Union of Spokane, and of sundry citizens
of Spokane and Olympia, all in the State of Washington, pray
ing for tlie enactment of an interstate liquor law to prevent the
nullification of State liquor laws by outside dealers, which were
referred to the Committee on the Judiciary.
He also presented a memorial of sundry Citizens of La Crosse,
Wash., remonstrating against the extension of the parcel-post
system beyond its present limitations, which was referred to the
Committee on Post Offices and Post Roads.
He also presented a petition of sundry citizens of Tacoma,
Wash., praying for the passage of the so-called eight-hour bill,
which was referred to the Committee on Education and Labor.
Mr. O’GORMAN presented a concurrent resolution adopted by
the Legislature of the State of Ne% York relative to the enact
ment of legislation giving ample protection to migratory game
birds, which was referred to the Committee on Forest Reserva
tions and the Protection of Game.
By Mr. PENROSE:
A bill (S. G0S2) granting an honorable
M. Bryan; to the Committee on Military
By Mr. BRADLEY :
A bill (S. 6083) granting an increa
Murphy (with accompanying paper V; to
Pensions. A M E N D M E N TS TO RIVER AN D IIA^fBOR B ILL
akcii
29
ischarge to Geor«,
ge
airs.
pension to Edward
flip fY .rm r.if*,,..
U
the Committee on
( H . R. 2 1 4 7 7 ) .
Mr. FLETCHER submitted v £ amendment providing for <
survey of the Withlacooehee Ryrer, Fla., between Stokes Ferrv
and Panasoffkee, etc., intended to he proposed by him to the
river and harbor appropriation bill, which was referred to the
Committee on Commerce am/ ordered to be printed.
Mr. O’GORMAN submityYl an amendment relative to the fin
provement of Jamaica Bay and entrance thereto, New York, etc'
intended to be proposed Ay him to the river and harbor appro’’
priation bill, which was/referred to the Committee on Commerce
and ordered to be pryjfted.
e
He also submitted''an amendment relative to the amount of
material excavatedHby the city of New York in dredging the
main interior cliapnel in Jamaica Bay, etc., intended to be pro
posed by him to/tlie river and harbor appropriation bill, which
was referred tcTthe Committee on Commerce and ordered to bp
printed.
/
(AMENDMENTS TO APPROPRIATION BILLS.
Mr. CRAWFORD submitted an amendment proposing to anTHE CONGRESSIONAL RECORD AND PARLIAMENTARY HANSARD.
propriate^$50,000 for survey and listing of lands within forest
Mr. SMOOT. From the Committee on Printing, I report a reserves^chiefly valuable for agriculture, etc., intended to be
joint resolution and ask unanimous consent for its present con proposed by him to the agricultural appropriation bill ( ir. p
sideration.
\
180601, which was referred to the Committee on Agriculture
The joint resolution (S. J. Res. 03) authorizing the Librarian ami fo r e str y and ordered to be printed.
of Congress to furnish a copy of the daily and bound C o n g r e s
Mr. BROWN (for Mr. D i x o n ) submitted an amendment pro.
s io n a l
R ecord to the undersecretary of state for external njjrsing to appropriate $30,000 for a survey of land on the Fort
affairs of Canada, in exchange for a copy of the Parliamentary Belknap Indian Reservation, Mont., etc., intended to be pVo.
Hansard, was read the first time by its title and the second I posed by him to the Indian appropriation bill (II. R. 20728)
time at length, as follows:
which was referred to the Committee on Indian Affairs and or
R esolved , etc., That the Librarian of Congress is hereby authorized
to furnish a copy of the daily and bound Congressional R ecord to the dered to be printed.
undersecretary of state for external affairs of Canada in exchange
Mr. OWEN submitted an amendment proposing that the f U <
nj
for a copy of the Parliamentary Hansard, and that the Public Printer of $390,257.92 placed to the credit of the Choctaw Indians by
:57.92
is hereby directed to honor the requisition of the Librarian of Congress
for such copy. The Parliamentary Hansard so received shall be the act of March 1, 1007, shall draw interest at 5 per cent, to be
1)0
property of the Department of State.
placed to their credit, etc., intended to be proposed by him to
The VICE PRESIDENT. Is there objection to the..-present the Indian appropriation bill (II. R. 2072-S), which was referred
to the Committee on Indian Affairs and ordered to be printed.
consideration of the joint resolution?
/
He also submitted an amendment providing that the restric
There being no objection, the Senate, as in CommiJ^ee of the
tions on the right of alienation or encumbrance of allotments in
Whole, proceeded to consider the joint resolution, f
The joint resolution was reported to the Semite without tile Cherokee Nation be removed, save and except only the re
amendment, ordered to be engrossed for a third^Teading, read stricted homesteads of the allottees now occupied by them, in_
the third time, and passed.
tended to be proposed by him to the Indian appropriation bill
#
which .was referred to the Committee on Indian Affairs ami
BILLS INTRODUCED.
ordered -to he printed.
Bills were introduced, read the first time, Jind, by unanimous
He alsA submitted an amendment proposing to appropriate
consent, the second time, and referred as fjjmows:
$35,000 for The construction of a sanitary sewer system In Piatt
By Mr. SIMMONS :
£
National Park, Okla., intended to ho proposed by him to the
A bill (S. 6073) for the erection of a monument to Gen. James Indian appropriation bill (II. It. 2072S), which was referred to
Moore upon Moores Creek battleground/jS’orth Carolina; to the the CommitteeLpu Indian Affairs and ordered to be printed.
Committee on the Library.
f
\
SENATORS FROM ARIZONA.
A bill (S. 6074) granting an increase of pension to Jane
Allen;
/
Mr. SHIVELY ^submitted the following resolution (g. p os>
A bill (S. 6075) granting an increase of pension to William 270), which was referred to the Committee on Privileges and
E. Henry (with accompanying paper) ; and
Elections:
\
A bill (S. 6076) granting aiy increase of pension to Rachel
R esolved , That the Sehate now proceed to ascertain the classes tn
Hagan (with accompanying papers) ; to the Committee on
which the Senators from ffce State of Arizona shall be assigned ln con
f
Pensions.
formity with the resclutioiryof the 14th of May, 1789, and as the Con
By Mr. FLETCHER :
/
stitution requires.
\
,
.
Ordered, That the SecretaV put into the ballot box two papers of
A bill (S. 6077) granting1 an increase of pension to Mary C.
iual
equal size, one of which shaft he numbered 1 and the other shall he
Riley (with accompanying papers) ; to the Committee on Pen a blank. Each of the Scnator\ from the State of Arizona shall
bl
shall draw
sions.
/
out one paper, and the Senator ho shall draw the paper numbered 1
lumbered i
shall he assigned to the class < Senators whose term of service will
"—
By Mr. OWEN:
A hill (S. 6078) amjfriding the act entitled “An act to provide expire the 3d day of March, 191
That the Secretary then put i;
ballot box two papers of equal
for the sale of the surface of the segregated coal and asphalt size, one of which shall he numbe
2 and the other shall he numbered
Senator shall
r out one paper.
If the paper
lands of the Choctaw and Chickasaw Nations, and for other drawn 3. The other 2, the Sent
be numbered
11 l>e assigned to the class of
purposes,” approved February 19, 1912; to the Committee on Senators whose term of service will
e the 3d day of March, 1913,
Indian Affairs. /
and if the paper drawn be numbered 3
e Senator shall he assigned to
the class of Senators whose term of s ^ce will expire the 3d day of
By Mr. CRANE:
March, 1915.
A bill (S. 6Qf9) granting an increase of pension to Catherine
JEATIES.
GENERAL ARBITRATION
J. Orr; to thsr Committee on Pensions.
By Mr. O’GORMAN:
Mr. LODGE. I ask that the treatiesVf general arbitration
A bill ( ^ G0S0) for the relief of certain retired officers of the between the United States and Great Britain raid France, as rati
Navy and Marine Corps; to the Committee on Naval Affairs.
fied by the Senate, be printed as a SenatuNdocument (S. Doc.
By Mr. PQMERENE:
No. 476).
„ \
A bill (S. G0S1) granting an increase of pension to Edward
The VICE PRESIDENT. Without objection\an order there
S. Bragg; to the Committee on Pensions.
for is entered.
1912.
CONGRESSIONAL RECORD— SENATE.
3665
cion, White Pigeon, Blissfield, Montgomery, Pittsford, Bangor, Kratzerville, Douglassville, Glen Riddle, Mt. Pleasant Mills,
Empire, Traverse City, Edwardsburg, Schoolcraft, Belmont, Centralia, Bald Mount, Morton, Hopewell, Washington, Chester,
Greenville, Holland, Reed City, Shelby, Petersburg, Stockbridge, Harrisburg New Freedom, Olyphant, Altoona, Olney, Tidioute,
Walkerville, Chelsea, Plymouth, Hunters Creek, Harbor Springs, Philadelphia, Mt. Airy, Dubois, Eastoiy'Cliarlesville, and Free
Stanwood, Brown City, Highland, Tecumseh, Oshtemo, Bansing, land, all in the State of Pennsylvan%/prayiug for the adoption
Pontiac, Olivet, Faithorn, Waldron, Parma, and Coopersville, all o f the so-called Simmons illiteracy-|^t amendment to the immi
in the State of Michigan, praying for the establishment o f a gration bill, which were ordered to-lie on the table.
parcel-post system, which were referred to the Committee on
Mr. CHAMBERLAIN presented a memorial of sundry citi
zens o f Klamath Falls, Oreg^remon stra ting against the enact
Post Offices and Post Roads.
He also presented a resolution in the nature of a memorial ment o f legislation compelling the observance of Sunday as a
adopted by the South-West Michigan Pedigreed Stock Associa day of rest in the DistrhSlfPmf •
Columbia, which was ordered to
tion, in convention at Decatur, Mich., remonstrating against the lie on the table.
repeal of the oleomargarine law, which was referred to the
Mr. BROWN ( for j&r. Gamble ) presented petitions of sun
Committee on Agriculture and Forestry.
dry citizens o f Deadwrood. Fulton, Britton, Parker, Lake Pres
He also presented a memorial of the Michigan Retail Hard ton, and Brown
Day Counties, all in the State of South
ware Association, remonstrating against the establishment of a Dakota, prayingHror the enactment of an interstate liquor law
parcel-post system, which was referred to the Committee on to prevent the jollification o f State liquor laws by outside deal
ers, which wqfo referred to the Committee on the Judiciary.
Post Offices and Post Roads.
He also presented a memorial of the Cadillac Chemical Co.
He also (J0v Mr. Gamble ) presented a petition of the Woman's
of Michigan, remonstrating against aiw change being made in Christianjlmmperance Union of Madison, S. Dak., praying for
the present chemical schedule of the tariff law, which was re the adonffon of an amendment to the Constitution to prohibit
the manufacture, sale, or importation o f intoxicating liquors,
ferred to the Committee on Finance.
Mr. SMITH of Maryland presented a petition of members of whiq^was referred to the Committee on the Judiciary.
jjp f also (for Mr. Gamble ) presented memorials o f sundry
the Lutheran Brotherhood, of Williamsport, Md., praying for
the enactment of an interstate liquor law to prevent the nulli- cijizens of Ardmore, Bartlesville, Durant, Kingston, Madill.
Jsfill Creek, Talequah, Tulsa, Seminole County, Sulphur, and
-Pauls Valley, all in the State of Oklahoma, remonstrating
against the discontinuance o f the office of district Indian agent
in Oklahoma, which were referred to the Committee on Indian
Affairs.
He also (for Mr. Gamble ) presented a memorial of sundry
citizens of Stone City, S. Dale., remonstrating against the repeal
of the oleomargarine law, which was referred to the Committee
on Agriculture and Forestry.
He also (for Mr. Gamble ) presented petitions of sundry citi
zens of Andover, Broadland, Colton, Goodwin, Hermosa, Fairburn, Keystone, Highmore, Inland, Missionhill, New Under
wood, Miner County, Onaka, Parkston, Tabor, Utica, Verdon,
Virgil, Wetonka, Whitewood, Elkton, Mitchell, Delmont, Clark
County, Dixon, Colman, Farmingdale, and Ottumwa, all in the
State of South Dakota, praying for the establishment of a
parcel-post system, which were referred to the Committee on
Post Offices and Post Roads.
He also (for Mr. Gamble ) presented resolutions adopted by
the United States Board o f Indian Commissioners relative to
certain conditions upon White Earth Reservation in Minnesota,
etc., which were referred to the Committee on Indian Affairs.
He also (for Mr. Gamble ) presented the memorial of Frank
W. Owers, o f Coi’onado, Cal., remonstrating against the enact
ment of legislation to provide for the irrigation and settlement
o f lands included in the Colorado Indian Reservation and other
lands, etc., which was referred to the Committee pn Indian
Affairs.
Mr. NELSON presented petitions o f sundry citizens of Proc
tor and Duluth, in the State of Minnesota, praying for the pas
sage of the so-called eight-hour bill, which were referred to the
Committee on Education and Labor.
He also presented a memorial of Group No. 394, Polish Na
tional Alliance o f the United States o f North America, of
Owatonna, Minn., remonstrating against the adoption of cer
tain amendments to the immigration law, which was ordered to
lie on the table.
He also presented a petition o f sundry citizens of Minne
apolis, Minn., praying that an appropriation of $100,000 be
made for the erection o f a monument to the memory of John
Ericsson, which was referred to the Committee on the Library.
Mr. WETMORE presented a petition of Laurel Grange, No.
40, Patrons of Husbandry, of Harmony, It. I., praying for the
establishment o f a parcel-post system, which was referred to the
Committee on Post Offices and Post Roads.
He also presented a memorial of Laurel Grange, No. 40,
Patrons of Husbandry, of Harmony, It. I., remonstrating
against the repeal of the oleomargarine law, which was referred
to the Committee on Agriculture and Forestry.
Mr. SMITH of South Carolina presented petitions of sundry
citizens of Effingham, Florence, and Wilson, all in the State of
South Carolina, praying for the establishment o f a parcel-post
system, which were referred to the Committee on Post-Offices
and Post Roads.
He also presented a petition of the congregation of the Bap
tist Church of Tatum, S. C., praying for the enactment of an
interstate liquor law to prevent the nullification of State liquor
IPe also presented petitions o f sundry citizens of Scranton, laws by outside dealers, which was referred to the Committee
•owmanstown, Palmyra, Ckambersburg, Craley, Nazareth, on the Judiciary.
CONGRESSIONAL RECORD— SENATE.
3666
Mr. McLEAN presented petitions of Local Grange of Middlefield; of Rock Rimmon Grange, No. 142, of Beacon Falls; and
of Local Grange No. 11,’ of Washington Depot, all of the
Patrons of Husbandry, in the State of Connecticut, prating for
the establishment/of a parcel-post system, which was ref erred
to the Committee orUFost Offices and Post Roads!
He also presented m^jjetition of members o f Hie F i r s t B a p t i s t
Sunday School, of Waterbary, Conn., p r a y i n g for the enactment
of an interstate liquor lawrsLprevent Jt& nullification of State
e
liquor laws by outside dealersl^hich %as referred to the Com
m i t t e e on the Judiciary.
He also presented a petitiojy.of HHceb Lodge, No. 25, Inde
pendent Order B’nai B’rith, of New HaV«p, Conn., praying for
♦lie enactment of legislation to provide for the .retirement of em
ployees in the civil service, which was referred to the Commit
tee on Civil Service and Retrenchment.
Mr. CULLOM presented a memorial of sundry citizens, of
Murphysboro, 111., remonstrating against the extension of the
parcel-post system beyond its present limitations, which was re
ferred to the Committee on Post Offices and Post Roads!
K IO W A , C O M A N C H E , AN D A P A C H E IN D IA N F U N D S
( S . DOC. N O . 4 4 4 ) .
M abch 20,
Se t 2. That the value of patented lands within the park offered in
c.
exchange, and the value of the timber on park lands proposed to be
given in exchange for such patented lands, shall be ascertained in such
manner as the Secretary of the Interior may, in his discretion, direct
and all expenses incident to ascertaining such values shall be paid bv
the owners of said patented lands, and such owners shall, before any
exchange is effective, furnish the Secretary of the Intqrior evidence
satisfactory to him of title to the patented lands offered in exchange
and if the value of the timber on park lands exceeds thjb value of the
patented lands deeded to the Government in the exchange such excess
shall be paid to the Secretary of the Interior by the owners of the
patented lands before any of the timber is removed fron£ the park, and
may be used by said Secretary in the management, improvement, and
protection of the park. The same course shall be pursued in relation
to exchange for timber standing near public roads on patented lands for
timber to be exchanged on park lands : P rovid ed , That the lands con
veyed to the Government under this act shall become a part of the
Yosemite National Dark.
Sec. S That all timber must be cut and removed from the park under
regulations to be prescribed by the Secretary of the ■
Interior, and any
damage which may result to the roads or any part of the park in con
sequence of the cutting and removal of the timber from the reservation
shall be borne by the owners of the patented lands,; and bond satisfac
tory to the Secretary of the Interior must be given for the payment of
such damages, if any, as shall be determined by the Secretary of the
Interior.
Sec. 4. That the Secretary of the Interior may also sell and permit
the removal of such matured or dead or down timber as he may deem
necessary or advisable for the protection or improvement of the nark
and the proceeds derived therefrom shall be expended under his directioh in the management, improvement, and protection of the park.
Mr. OWEN. I present a memorial signed by delegates of the
Kiowa, Comanche, and Apache Indians, remonstrating against
fTlie VICE PRESIDENT. Is there objection to the present
the use of their tribal funds for the purpose of establishing and
maintaining a hospital for the use of members of their re consideration of the bill?
There being no objection, the bill was considered as in Com
spective tribes. I move that the memorial be printed as a docu
mittee of the Whole.
ment and referred to the Committee on Indians Affairs.
The bill was reported to the Senate without amendment, or
The motion was agreed to.
dered to be engrossed for a third reading, read the third time,
r e po r ts o f c o m m it t e e s .
and passed.
B I L L S IN T R O D U C E D .
Mr. SWANSON, from the Committee on Public Buildings and
Grounds, to which was referred the bill (S. 1895) to provide
Bills were introduced, read the first time, and, by unanimous
for the purchase of a site and the erection of a public building consent, the second time, and referred as follow s:
thereon at Farmville, in the State of Virginia, reported it with
By Mr. FOSTER:
an amendment and submitted a report (No. 493) thereon.
A bill (S. 5918) for the relief of the legal representative of
Mr. McCUMBER, from the Committee on Foreign Relations, George E. Payne, deceased; to the Committee on Claims.
to which wasvreferred the amendment submitted by himself on
By Mr. CULLOM:
the 6tli ultimo)! intended to be proposed to the bill (S. 3316) to
A bill (S. 5919) to increase the limit of cost for the United
repeal an act entitled “An act to pr^tnote reciprocal trade rela States post-office building at La Salle, 111., and making appro
tions with the Dominion of Candida, and for other purposes,” priation therefor; to the Committee on Public Buildings and
approved July 2(\ 1911, asked to tie discharged from its further Grounds.
consideration amTVtliat it be referred to the Committee on Fi
A-bill (S. 5920) granting a pension to Henry Roper (with ac
nance, which was\agreed to.
companying papers) ; to the Committee on Pensions.
By Mr. DU PONT:
JOHN W . G U L I C K .
A bill (S. 5921) granting an increase of pension to Moses D.
Mr. CULLOM. I Report back favorably from the Committee Marshall; to the Committee on Pensions.
on Foreign Relations, without amendment, the joint resolution
By Mr. MARTINE of New Jersey:
(S. J. Res. 90) to Authorize Capt. John W. Gnlick, United
A bill (S. 5922) granting an increase of pension to Martin B.
States Army, to accept a position under the Government of the Monroe (with accompanying papers) ; to the Committee on Pen
Republic of Chile, and: J ask for its immediate consideration.
sions.
The VICE PRESIDENT. The joint resolution will be read
By Mr. BROWN (for Mr. G a m b l e ) :
for the information of the Senate.
A bill (S. 5923) to segregate the funds of the Kiowa, Coman
The Secretary read tffp joint resolution, as follow s:
che, and Apache Indians, and for other purposes; to the Com
R esolv ed , etc., That Capl, John W. Gnlick, Coast Artillery Corps,
United States Army, be, a n d ie is hereby, permitted to accept from the mittee on Indian Affairs.
A bill (S. 5924) granting an increase of pension to Preston
Government of the Republic
Chile the position of instructor of the
Coast Artillery of the Chilea% Army and the emoluments, rights, and Sharp (with accompanying papers) ;
privileges pertaining thereto.
A bill (S. 5925) granting an increase of pension to Eugene
They VICE PRESIDENT. % I there objection to the consider Besaneon (with accompanying papers) ;
atioq of the joint resolution?'
A bill (S. 5926) granting an increase of pension to Ilufus
There being no objection, 'the joint resolution was consid G. Barber (with accompanying papers) ;
ered as in Committee of the iVhole.
A bill (S. 5927) granting an increase of pension to Horace
The joint resolution was reported to the Senate without A. Foster (with accompanying papers) ; and
amendment, ordered to be engrossed for a third reading, read
A bill (S. 5928) granting an increase of pension to William
the third time, and passed.
C. Reeves (with accompanying papers) ; to the Committee on
Pensions.
Y O S E M IT E N A T U R A L P A R K .
By Mr. W ARREN:
Mr. WORKS. From the Committee on Public Lands I report
A bill (S. 5929)./granting a pension to Tillie Johnson (with
back favorably without amendment %e bill (S. 5718) to author accompanying paper) ; to the Committee on Pensions.
ize the Secretary of the Interior to sesure for the United States
By Mr. BACON:
title to patented lands in the Yosemit&National Park, and for
A bill (S. 5930) to extend the time for the completion of dams
other purposes, and I submit a report\(No. 492) thereon. I across the Savannah River by authority granted to Twin City
ask for the present consideration of the fen.
Power Co. by an act approved February 29, 1908; to the Com
The VICE PRESIDENT. The bill will % read for the infor mittee on Commerce.
mation of the Senate.
\
By Mr. JONES :
The Secretary read the bill, as follow s;
A bill (S. 5931) to amend an act entitled “An act to relieve
B e it enacted, etc., That the Secretary of the Inteifitor, for the purpose the Tanana Mines Railroad Co. in Alaska from taxation,”
of eliminating private holdings within the Yosemite National Park and
the preservation intact of the natural timber along
roads in the approved March 2, 1907; to the Committee on Territories.
By Mr. MARTIN of Virginia :
scenic portions of the park, both on patented and parlegjinds, is hereby
empowered, in his discretion, to obtain for the United {sates the com
A bill (S. 5932) conferring jurisdiction on the Court of
plete title to any or all of the lands held in private ownership within
the boundaries of said park, by the exchange of decaye&or matured Claims to try, adjudicate, and determine certain claims for
timber, that can be removed from such parts of the park as will not affect compensation for carrying the mails and pay for the discon
the scenic beauty thereof, for lands of equal timber value fold in pri tinuance of postal service; and
vate ownership therein, and also, in his discretion, to exchange for
A bill (S. 5933) for the relief of the heirs of William Downs;
timber standing near the public roads on patented lands for timber of
to the Committee on Claims.
equal value on park lands in other parts of the park.
s
1912.
CONGRESSIONAL RECORD— SENATE.
By Mr. OW EN:
A bill (S. 5934) for the relief of the estate of Allen J. Mann,
deceased; to the Committee on Claims.
By Mr. SMITH o f M ichigan:
A bill (S. 5935) to fix the terms of the district court for the
western district of Michigan; to the Committee on the Ju
diciary.
A bill (S. 5936) for the relief o f Henry La Croix; to the Com
mittee on Claims.
A bill (S. 5937) to restore in part the rank o f Lieuts. Thomas
Marcus Molloy and Joseph Henry Crozier, United States
Revenue-Cutter Service; to the Committee on Naval Affairs.
A bill (S. 5938) to grant an honorable discharge to Henry J.
Hurley (with accompanying paper) ; and
A bill (S. 5939) to remove the charge of desertion from the
military record of Glenn Bennett; to the Committee on Mili
tary Affairs.
A bill (S. 5940) granting an increase of pension to Walter
N iles;
A bill (S. 5941) granting an increase of pension to Joseph
Johnston;
A bill (S. 5942) granting a pension to Israel Cave (with
accompanying papers) ; and
A bill (S. 5943) granting a pension to Cyrus Hicks (with
accompanying paper) ; to the Committee on Pensions.
By Mr. McLEAN:
A bill (S. 5944) granting an increase of pension to Lyman IL
Leach (with accompany ing papers) ; to the Committee on Pensions.
/ By Mr. OWEN:
A bill (S. 5945) for the relief of the Iowa Indians;
A bill (S. 5946) to amend an act approved May 27, 1908, en
titled “An act for the removal of restrictions from part of the
lands o f allottees of the Five Civilized Tribes, and for other
purposes ” ; and
A bill (S. 5947) creating the Seminole arbitration court, in
SeminoJe County, Okla., and for the quieting of certain Seminole
Indian land titles; to the Committee on Indian Affairs.
AM ENDM ENTS
TO
R IV E R
AND
HARBOR
B IL L .
copartnerships was read twice by its title and referred to the
Committee on Finance.
| H. R. 21477. An act making appropriations for the construc
tion, repair, and preservation of certain public works on rivers
fn d harbors, and for other purposes, was read twice by its title
and referred to the Committee on Commerce.
F O R T IF IC A T IO N S
A P P R O P R IA T IO N
B IL L .
t Mr. PERKINS. I move that the Senate proceed to the con
sideration of. House bill 20111, the fortifications appropriations
bill.
1The motion was agreed t o ; and the Senate, as in Committee of
the Whole, proceeded to consider the bill (H. R. 20111) making
appropriations t’or fortifications and other works of defense, for
the armament thereof, for the procurement o f heavy ordnance
for trial and service, and for other purposes, which had been
reported from the Committee on Appropriations with amend
ments.
\
Mr. PERKINS. \ I ask that the formal reading of the bill be
dispensed with and, that the bill be read for action on the com
mittee amendments.
The VICE PRESIDENT. The Senator from California asks
unanimous consent that the formal reading o f the bill be dis
pensed with and that the bill be read for action on the commit
tee amendments. Is tfiere objection? The Chair hears none.
The Secretary will read the bill.
The Secretary proceeded to read the bill.
The first amendment ofdhe Committee on Appropriations was,
Hinder the head of “’ Fortifications and other works of defense,”
Subhead “ Under the Engineer Department,” on page 2, line 15,
after the date “ nineteen hundred and eight,” to insert “ for
the completion o f the repair and restoration o f batteries and
other structures appurtenan^to the defenses of Pensacola and
retaining walls to protect thctbatteries from floods, made in the
fortification appropriation act;, approved May 27, 1908,” and in
lihe 23, after the word “ appropriation,” to strike out “ acts ap
proved May 27, 190S, a n d ” and insert “ act approved,” so as to
re a d :
For purchase and installation of Searchlights for the defenses of our
Mr. DU PONT submitted an amendment proposing to appro most important harbors, the sum ofc §25,000 is hereby reappropriated
priate 8250,1X10 for the improvement o f the harbor at Wilming and made available out of the aggregate unexpended balance of the ap
propriations for
ton. Del., etc., intended to be proposed by him to the river and Sullivans Island,construction of wail fjfer the protection of Fort Moultrie,
S. C., made in the fortification appropriation act ap
harbor appropriation off?- (H . It. 21477), which was referred to proved May 27, 1908 ; for the completion of the repair and restoration
of batteries and other structures appurtenant to the defenses of Pensa
the Committee on Commerce and' ordered to be printed.
cola and retaining walls to protect the, batteries from floods,
Mr. NELSON submitted an amendment providing that the the fortification appropriation act approved May 27, 1908 ; for made in
building
printing of matter relating tri river and harboF works, including sea walls for the protection of sites of fortifications and post buildings
all reports, compilations, regulations, etc., be phM Jjor from at Forts Pickens and McRee, Pensacola liarbor, Fla-., made in the forti
river and harbor appropriations, intended to be proposed by fication appropriation act approved Marclji 3, 1909.
him to the river and harbor appropriation bill (II. R. 21477),
The amendment was agreed to.
\
which was referred to the Committee on Commerce and ordered
The next amendment was, on page 8, after line 13, to insert:
to be printed.
For the acquirement by the Secretary of War of lands at Cape Henry,
O M N IB U S
C L A IM S
Va., necessary for seacoast defenses and as contemplated by the project
of the War Department, as embodied in the^reporf of the Secretary of
B IL L .
Mr. OWEN submitted an amendment intended to be proposed War for the year 1906, §150,000, or so much thereof as may be neces
sary : r
That
saW sum shall be expended
by him to the bill (H. R. 19115) making appropriation for the unless Pito v id e d , appear no portion of the of War that sufficient lands,
shall
to the Secretary
payment of certain claims in accordance with the findings of the embracing an area of not less than 300 acre% for the purposes of the
Court of Claims, reported under the provisions o f the' acts ap said defenses and their accessories can be acquired at Cape Henry for
a sum not exceeding the amount herein appropriated : r o v id e d
proved March 3, 1883, and March 3, 1887, and commonly known That the said land may be acquired either or tfeth by Ppurchase fu r th e r ,
or con
as the Bowman and Tucker Acts, which was referred to the demnation proceedings under the provisions of; the act of August 18,
1890. (Supp. U. S. Rev. Stat., p. 780.)
U
Committee on Claims and ordered to be printed.
The amendment was agreed to.
%
R E G U L A T IO N OF IM M IG R A T IO N .
Mr. PERKINS. On behalf of the comritttee I move that
Mr. ROOT submitted an amendment intended to be proposed the amendment just agreed to be transposedHo follow line 11,
by him to the bill (S. 3175) to regulate the immigration of aliens
o f the bill.
\
to and the residence of aliens in the United States, which was page 4,VICE PRESIDENT. Without objection! the amendment
The
1'eferred to the Committee on Immigration and ordered to be
is agreed to.
\
Printed.
Mr. BACON. Has the amendment been read 7%
I N J U N C T IO T lfc J N C E R T A IN C A S E S ( S . DOC. N O . 4 4 3 ) ,
The PRESIDING OFFICER. The amendmei% of the com
Mr. S U T H E R L A N O S j have a brief prepared by Alfred P. mittee had been agreed to, and the Senator frd^n California
Thom, of Washington, I
on the judicial power and the merely proposed .to transfer it to another portion! of the bill.
The next amendment was, on page 4, after line % , to strike
n to the United States courts,
power of Congress in its re
o u t:
%.
a Senafe document.
I move that the paper be print
For tools, electrical and engine supplies, and appliances to be fur
The motion was agreed to
A D D R E S S B Y H O N . J . B . F Q R A it E B
flW D O C . N O . 4 4 5 ) .
a
Mr. BURTON. I move to have printed ala& Senate document
_____
an address by my pmlecbssor, Hon. J. B. F?iwker, before the
Constitutional Convention of Ohio at C olu m bu sl#^ch 14, 1912.
The motion waswffgreed to.
H O U S E B IL L S REFERRED .
•
nished by the Engineer Department, for the use of the trcops’Tor main
taining and operating electric light and power plants in gun and motor
batteries, §45,000.
\
And to insert:
\
For tools, electrical and other supplies, and appliance,'; to be f u r
nished by the Engineer Department for the use of the troops for main
taining and operating searchlights and electric light and power plaute
at seacoast fortifications, §45,000.
^
\
The amendment was agreed to.
H. R. 21214. An act to extend the special excise tax how
levied with respect to doing business by corporations to persons,'
The next amendment was, under the head o f “ Forti fications \
and to provide revenue for the Government by levying a special in insular possessions,” subhead “ Engineer Departm<
tment.” on
excise tax with respect to doing business by individuals and page 9, line 23, after the word defense,” to insert “ and for
3668
CONGRESSIONAL RECORD— SENATE
maintaining channels for access to torpedo wharves,” so as to
make the clause read:
For preservation and repair of structures erected for torpedo defense,
and for maintaining channels for access to torpedo wharves at the fol
lowing localities.
The amendment was agreed to.
The next amendment was, on page 10, line 3, after the word
* operating,” to strike out “ gun and mortar batteries ” and
Insert “ searchlights and electric light and power plants at seacoast fortifications,” so as to make the clause read:
For tools, electrical and other supplies, and appliances to be fur
nished by the Engineer Department for the use of the troops for main
taining and operating searchlights and electric light and power plants
at seacoast fortifications.
M arch 20,
The Secretary read as follows:
Office
Hon. George C. P erk in s ,
W ar D epartment ,
of the
Chief
of
Engineers,
W a s h i n g t o n ,. M a r c h
11 ,
1012.
Chairman S u b com m ittee in Charge o f Fortifications B ill,
C om m ittee on A p propria tion s, U nited S ta tes Senate.
D ear S i r : (1) Referring to your letter of March 8, 1012, requesting
that the subcommittee in charge of the fortifications bill be furnished
some more definite and detailed information concerning the estimate of
$150,000 for the purchase of land at Cape Henry, Va., for fortification
purposes, I have the honor to advise you as follows :
(2)
In 1905 the President appointed a joint board of officers of the
Army and Navy to recommend in retfhrd to the completion of the harbor
defenses with the most economical and advantageous expenditure of
money. This board, known as the National Coast Defense Board, or
more commonly as the Taft Boqrd, with a view to bringing up to date
the projects for seacoast defences, which had last been reported upon
in 1886 by the Endicott Board; so called, submitted Its report in lfiOfi
and it was transmitted by tligr President to Congress and was published
as Senate Document No. 248/ Fifty-ninth Congress, first session, in re-
The ^amendment was agreed to.
The “reading of the bill was concluded.
Mr. BACON. Mr. President, the Senate has adopted an
amendment offered on behalf of the committee. I presume, of
course, it is all right, but in view of the magnitude of tbfe
amount I think it is proper that a statement should be made so
that it may appear in the R ecord, otherwise it might excite
*»*<*w
‘
u yew xurK, con
u
inquiry which might lead to a misunderstanding. I refer to the v— its recominendatUJBS to so-calledi.uc
fined
‘ lloating defenses for outer lines
purchase of 300 acres of land at a price of $150,000. I have no Floating defenses are*vieflned to be ‘ floating batteries designed specially
doubt the land is required, and I have no suggestion to make for operating in harbors or close to the land— armored more heavily
and armed with heapvler guns than any probable adversary.’ Guns pro
that the price is not a proper one-----vided with an efficient range-finding system can now bring an effective
Mr. PERKINS. I will ask the Secretary to read from the fire on all parts Jof these wide channels, and render unnecessary the
‘ floating defense/’ which have never been built and which, if they had
report of the committee on that subject.
would be Objectionable because
Mr. BACON. Will the Senator from California please allow been, of construction and maintenance.of vulnerability and of the great
cost
me to finish my statement? I was right in the middle of a
“ Commercially and strategically Chesapeake Bay is to-day, as it
always has lyen, of the very first importance. With the entrance as it
sentence.
now is, unfortified, a hostile fleet, should it
Mr. PERKINS. I beg the Senator's pardon. I thought he establish, without coming under the fire bf gain control ofa the sea, can
a single gun,
base on its
had finished.
shores, pass in and out at pleasure, have access to large quantities of
Mr. BACON. I was proceeding to say that the presumption, valuable Supplies of all kinds, and paralyze the great trunk railway lines
of course, is that the price is a proper one, but the simple state crossingtthe head of the bay.”
(3) .The views expressed by the Taft Board are, so
ment of the purchase of 3Q0 acres of land for that price, with mation in this office goes, concurred in by all military far as the infor
authorities, who
out any information as to whether or not it is in a town or near deem; the closure of the entrance of the Chesapeake to be the most im
a town or the character of the land, would lead to an inquiry portant coast-defense project yet to be undertaken, and deem it of such
importance
believe it
undertaken without further
as to how it was that 300 acres of land—simply land— in the delay. The that they this report should be permit of going further into
limits of
will not
State of Virginia should bo worth $500 an acre.' I repeat that the general subject. The inquiries in your above-mentioned letter will
in making this suggestion I do not mean at all to imply that it be taken up in detail in the order in which they occur in your letter.
(4) What is the character of this land, and how deep would it be
is not worth that much, but I think a statement ought to be.
cessary to go to get proper foundations?
made and ought to go into the R ecord, so that we may know
The land needed for fortifications on Cape Henry is in the vicinity of
the lighthouse. The beach is of sand, and in rear of the beach there is
the character of the land and the reason for the price of it.
sand
averages
a
Mr. WARREN. The Senator from Georgia asked if this land an area ofin this and of sand dunes thatsand dunesabout four-fifths of or
mile wide
vicinity. Back of the
is an area of low
was in a town. The proposed purchase includes, I think, jSart swamp land. The land desired for fortifications extends from the beach
o f a town, and it is also true that quite a number of houses inland to such a distance as may be necessary for the purpose, but by
seaward
the
have been erected there which will have to be removed, j/think reason of the topography should include thefeet back slope ofshore main
sand dunes, which are approximately 2,000
of the
line.
the report, if it is read in accordance with the suggestion of As has already been stated, the land is sandy in character ; no borings
the Senator from California [Mr. P erkins], in charge of the I have been made to determine the depth of the sand nor the character of
bill, will give the information better than anything I itould say. the underlying material. From a knowledge of other similar lands on
this coast it might
to a considerable
Mr. BACON. If the report gives the informational think it depth, with possiblybe expected that the sand extends swamp soil about
a layer of no great thickness of
proper that it should be read.
§
mean sea level. Based on the experience with the foundations of bat
The VICE PRESIDENT. The Senator from California [Mr. teries at Fort Monroe, which are built on a sand spit of generally
similar character, it is not expected that any great difficulty or expense
P e r k in s 1 has asked that that portion of the report beginning would be involved in foundations for batteries.
on page 4 be read.
C
(5) Is this land adapted to fortification uses, and is it necessary to
Mr. MARTIN of Virginia. Mr. President, before the reading of purchase the entire 300 acres?
This land is adapted for fortification uses and is the land in this
the report is commenced, I will say to the Senator from Georgia—
adapted
In fact, there is no other land in
and I am not sure that what I am going tq^Say is alluded to in vicinity best that is soto such uses. to such uses ; to occupy other land
the vicinity
well adapted
the letter from the War Department—that the land which the for fortification purposes would reduce the efficiency of the fortifications
Government needs and proposes to acquire is used as a summer to such an extent that it ought not to be considered, due regard being
important
resort. There are cottages on it, which have been built and : had to the necessary tomilitary interests involved at this locality, it
may not be
purchase so much as 300 acres. It is necessary
which in the summer time are occupied by citizens of the city to secure land having a frontage on the beach of approximately 1 mne
of Norfolk. Those houses not only have to be acquired, but the and the total acreage will depend upon the depth inland to which the
extends. The
upon
of
land which it is necessary to acquire is a part of a survey which purchase immediately ontotal cost will depend largelyrear, ifthe valuefor
the land
the beach, as the land in
needed
is being plotted and sold for cottage purposes for the people of defensive purposes, can probably be secured at a relatively low price if
the cities. That explains the value of the land. Of course, if purchased at the same lime. Fast experience in the purchase of land
advisability of
it were agricultural land or waste land or unoccupied land, $500 for military purposes has shown conclusively the purposes so far in
cluding in the first purchase sufficient land for all
as
an acre would seem to be a high price for it; but in this in they ’ can be foreseen, and the purchase in tnis case, as in all others,
stance the high price is explained by the considerations to should follow that principle. Authority should therefore include 300
acres, or so much thereof as may be necessary and as may be possible to
which I have alluded.
purchase with the funds appropriated for the purpose.
I will say, furthermore, fhat the War Department has sent
(6) What, in your opinion, is the value of this land compared to land
its representatives down to*the premises and they have reported values in this vicinity?
The land required for fortification purposes is the most valuable in
that we could not expect,46 get this land at any lesser price than
vicinity.
$500 an acre; that it i^increasing in value every year; and that the area upon It is located in the vicinity of the lighthouse,a and covers
an
which there has grown up in recent years
colony or
the price will be very Considerably increased if there is delay.
settlement of summer residents. This colony has been increasing in
I will say to the Senator, furthermore, that the officer o f the numbers in recent years and the value of the land has similarly been in
The
of this land has
War Department Who appeared before the committee stated— creasing more.purchase originally taken been under consideration for 10
years or
Wt<n
under consideration the land
and that I am sufe is not in the letter—that about 11 years ago could have been purchased for a sum considerably less than what it
they could have got this land for about $60 or $70 an acre. The would cost at the present time, and the longer the purchase is delayed
the
will be the cost to the United States. There
increase in the cost of the land in that time is due to the devel the greater of the military authorities that the entrance is no doubt in
minds
to the Chesa
opment of this ground for the purposes o f a summer resort. peake must be fortified, and therefore the sooner the land necessary for
The War Department is satisfied, and I am satisfied, that the this purpose is purchased the smaller the total cost will be to the United
_________
■. .
;__
Government will never acquire this land for less than $500 per States.
acre; and if it does not acquire it now it will have to pay very ; Tile VICE PRESIDENT. The Secretary advises the Chair
largely in excess of $500 an acre.
that that is as much as relates to this matter.
The VICE PRESIDENT. The Secretary will read, as re
Mr. BACON. I think that is sufficient to give the information
quested.
I suggested ought to be put into the R ecord for the benefit of
1912.
CONGRESSIONAL RECORD— SENATE.
Hie aiinual appropriation for the maintenance o f the Diplo
matic and Consular Service, which were referred to the Com
mittee on Appropriations.
^ He also presented a petition of members o f the Chamber of
Commerce of Los Angeles, Cal., praying for the enactment o f
legislation to exempt from toll all American ships engaged in
coastwise traffic through the Panama Canal, which was re
ferred- to the Committee on Interoceanic Canals.
He also presented a petition of members o f the Chamber, of
Commerce of Philadelphia, Pa., praying that an adequate appropriation be made for the continuance o f the Tariff; Board, which
Avas referred to the Committee on Finance.
He also presented memorials of sundry citizens of Highland,
He Land, Dongola, Plainfield, and Murphysboro, all in the
State of Illinois,;, remonstrating against the extension of the
parcel-post systems beyond its present limitations, which were
referred to the Confspittee on Post Offices and Post Roads.
He also presented repetition o f Local Union No. 224, Interna
tional Brotherhood of -Blacksmiths and Helpers, o f La Salle,
HI., praying for the pna^ment o f legislation providing for the
construction of one of the proposed new battleships in the
Brooklyn Navy Yard, whielkwas referred to the Committee on
■Naval Affairs.
\
He also presented a petition of the congregation o f the
Methodist Episcopal Church of Verona, 111., and a petition of
the Woman’s Christian TemperancesUnions of Verona and Reno,
HU praying for the enactment of an interstate liquor law to
Prevent the nullification of State liquor-laws by outside dealers,
'Which were referred to the Committee on, the Judiciary.
He also presented petitions of sundry citizens o f Belleville
ffud Elizabethtown, in the State of Illinois, praying for the
establishment of a parcel-post system, which were referred to
the Committee on Post Offices and Post Roads.
Mr. WARREN presented a petition o f 166 citizens, members
of the Methodist Church o f Sheridan, Wyo., and a petition of
50 citizens, members of the Baptist Church of Sheridan, Wyo.,
praying for the passage of the so-called Kenyon-Sheppard bill
to withdraw from interstate-commerce protection liquors im
ported into “ dry ” territory for illegal use, which were referred
to the Committee on the Judiciary.
X
Mr. BRISTOW presented memorials o f sundry citizens of
Uwight, Admire, Lecompton, Junction City, Belleville, Quenomo,
Lamed, Manchester, Argonia, and Carlton, all in the State of
Kansas, remonstrating against the enactment o f legislation
authorizing the coloring of oleomargarine in imitation o f butter,
which were referred to the Committee on Agriculture and
forestry.
He also presented a memorial of sundry citizens o f Wichita,
Kans., remonstrating against the establishment of a parcel-post
system, which was referred to the Committee on Post Offices
and Post Roads.
Mr. BRIGGS presented a petition o f members o f the Board
° f Education of Newark, N. J., praying that an appropriation
5e made for the preservation o f captured flags and banners in
the possession of the United States Naval Academy at Annap
olis, Md., which was referred to the Committee on Naval Affairs.
He also presented petitions o f members o f the Friday Club
° f Bridgeton, of the Christian Endeavor o f Woodcliff-on-Hudson, and of sundry citizens of Cranford, all in the State of New
Jersey, praying for the enactment o f legislation to prohibit the
use of phosphorus in the manufacture of matches, which were
referred to the Committee on Finance.
He also presented petitions of sundry Citizens of Boonton,
Millington, Haddenfield, Chester, Cranbury, Park Ridge, Abseoon, Bound Brook, Plainfield, Newton, and Pittstown, all in
Lie State of New Jersey, praying for the establishment of a
Parcel-post sj^stem, which were referred to the Committee on
Host Offices and Post Roads.
/
He also presented petitions o f members o f the Friday Club
and the Lutheran Church, of Bridgeton; of the Woman’s Chris
tian Temperance Union and the Rejormed Church, of Asbury
Bark; of the Plumsted PresbyteriaiVChurch, of New Egypt; of
sundry citizens of Woodcliff-on-Hudson and Ridgefield Park:
af the Methodist Episcopal Church of Almonesson; the First
Methodist Episcopal Church of Asbury P ark ; the Methodist
Episcopal Church o f Barnegat; the Christian Church of Vienna ;
the Presbyterian Church of Barnegat; the Woman’s Christian
•Temperance Union of Dumont- and Trenton; and o f sundry
citizens of Newark and Montclair, all in the State of New Jer
sey; and of the Salt’s Textile Manufacturing Co., o f New York
City, N. Y., praying for the, enactment of an interstate liquor
law to prevent the nullification of State liquor laws by outside
dealers, which were referred to the Committee on the Judiciary.
He also presented meffiorials of members of the DeutschAmerikanischer Central Verein, of Orange; the German-Irish
X L VII I-
234'
3721
Alliance of Essex County, Newark; and of the Williamstown
Glass Co., of Williamstown, all in the State o f New Jersey,
remonstrating against the enactment of an interstate liquor
law to prevent the nullification of State liquor laws by outside
dealers, which were referred to the Committee on the Judiciary.
Mr. HEYBURN presented sundry papers to accompany the
bill (S. 5192) for the relief of W. B. Horn, which were referred
to the Committee on Post Offices and Post Roads.
Mr. LODGE. I present resolutions adopted by the House of
Representatives o f the General Court of Massachusetts, which I
ask may be printed in the R ecord, and referred to the Com
mittee on Naval Affairs.
The resolutions were referred to the Committee on Naval
Affairs and ordered to be printed in the R ecokd, as follow s:
T h e Co m m o n w ea lth of Ma s sa c h u s e t t s,
H o u se of R e p r e s e n t a t iv e s ,
M a r c h 8, 1912.
Whereas it is proposed to remove or abolish the United States navy
yard in the Charlestown district of the city of Boston ; and
Whereas in the opinion of the House of Representatives of the Com
monwealth of Massachusetts such a step -would be detrimental to
the interests of Charlestown, of the port of Boston, and of the entire
Commonwealth : Therefore be it
O r d e r e d , That the Senators and Representatives in Congress from
this Commonwealth be requested to use their best endeavors to prevent
such removal or abolishment; and be it further
O r d e r e d , That a copy of this order be sent by the clerk of the house
of representatives to the Senators and Representatives in Congress from
this Commonwealth.
A true copy.
Attest:
J a m e s W . K im b a l l ,
Cleric, o f t h e H o u s e o f R e p r e s e n t a t i v e s .
Mr. LODGE presented a memorial of sundry employees of
the pulp and paper mills o f Massachusetts, remonstrating against
the placing o f wood pulp and print paper on the free list, which
was referred to the Committee on Finance.
He also" presented a petition of sundry citizens of Gardner,
Mass., praying for the enactment of an interstate liquor law to
prevent the nullification of State liquor laws by outside dealers,
which was referred to the Committee on the Judiciary.
He also presented a memorial of sundry employees of the
N. Ward Co., o f Boston, Mass., remonstrating against any re
duction of the duty on glue, which was referred to the Commit
tee on Finance.
Mr. WETMORE presented the petition of II. J. Wheeler, di
rector, and other members of the Rhode Island Horticultural
Association, praying for the enactment of legislation to regulate
the importation and interstate transportation of nursery stock,
whieb was referred to the Committee on Agriculture and For
estry .\
Mr. RRANDEGEE presented a memorial o f 100 employees of
the American Shear & Knife Co., of Hotchkissville, Conn., remonstratihg against a reduction of the duty on cutlery, which
was referred to the Committee on Finance.
He also presented a memorial o f sundry citizens o f South
ington, Conn., remonstrating against the repeal o f the antican
teen law, which was referred to the Committee on Military
Affairs.
He also presented petitions of sundry citizens o f Meriden and
Brookfield, in the State of Connecticut, praying for the enact
ment of an interstate' liquor law to prevent the nullification of
State liquor laws by outside dealers, which were referred to the
Committee on the Judiciary.
He also presented resolutions in the nature of a memorial
adopted by the Fishermen’s Protective Association of Noank,
Conn., remonstrating against the enactment o f legislation to
regulate the use of power boats, which were referred to the
Committee on Commerce.
REPORTS
OF
C O M M IT T E E S .
Mr. BRIGGS, from the Committee dp Audit and Control the
Contingent Expenses o f the Senate, to which were referred the
following resolutions, reported them severally without amend
ment :
.
S. Res. 254. Authorizing the Committee Op Forest Reserva
tions and the Protection of Game, or any subcommittee thereof,
to conduct hearings, etc., and to sit during tlid sessions of the
Senate;
S. Res. 255. Authorizing the Committee on Public Lands to
employ a stenographer, etc.; and
\
S. Res. 252. Authorizing the Committee on Fisheries, to con
duct hearings, employ stenographers, etc.
Mr. BRIGGS, from the Committee to Audit and Contabl the
Contingent Expenses of the Senate, to which was referred Sen
ate resolution 242, directing the Committee on Tost Offices and
Post Roads to inquire into and report to the Senate whether
post-office inspectors are being sent through the country to in
fluence postmasters to aid in the election of delegates for or
3722
CONGRESSIONAL RECORD— SENATE.
M arch 21,
against any candidate for the presidency, etc., reported it with halt. Can the Senator state where those three tire to come
from ?
out amendment, and submitted a report (No. 497) thereon.
Mr. OWEN, from the Committee on Indian Affairs" to which
was referred the bill (S. 5G7G) authorizing the Secretary ol' the
Interior to set aside for sanatorium purposes not to exceed four
sections of the unallotted tribal lands of the Choctaw and Pasos Diaz, of Nicaragua, son of the president of that •country"
Chickasaw Nations of Oklahoma, reported it without amend was permitted to enter the Military Academy for instruction hi
June next. Authority has also been granted by the joint reso
ment and submitted a report (No. 495) thereon.
He also, from the same committee, to which was referred the lution of Congress approved February 24, 1911, for the admis
bill (S. 5141) to correct an error in the record of the supple sion of two Chinese subjects, to be designated hereafter by the
mental treaty of September 28, 1830, made with the Choctaw Government of China, to receive instruction at the Military
Indians, and for other purposes, reported it with amendments, Academy. .
Mr. GARLINGEIt. Mr. President, I called attention to tliis
and submitted a report (No. 494) thereon.
Mr. OWEN. From the Committee on Indian Affairs I report matter simply by way of suggestion. I think there is some
back favorably without amendment the bill (II. R. 198G3) au danger of our being a little too liberal in this respect, educating
thorizing the Secretary of the Interior to subdivide and ex young men wjio possibly may be troublesome to up in time of
tend the deferred payments of settlers in the Kiowa, Comanche, war. If we educate the Chinese young men, a nation that is
and Apache ceded lands in Oklahoma, and I submit a report developing very rapidly and that will become a Warlike nation
(No. 49G) thereon. I ask for the present consideration of the in the near future with 400,000,000 or 500,000,000 people, I ani
not quite sure whether it is good policy. But I) of course, do
bill.
tot
The VICE PRESIDENT. The bill will be read for the in L object to the consideration of the joint resolution. I simply
anted to call the\nttention of the Senate to t^e matter; that
formation of the Senate.
The Secretary read the bill.
as all.
\
;
Mr. HEYBURN. Mr. President, I should like to inquire
The VICE PRESIDENT. Is there objection to the present
consideration of the bill?
bother or not, in tl^e process of educating fit
est Point or
nnapolis, as the cask may be, these student cadets have full
Mr. CURTIS. I object, unless there is some explanation of it.
Mr. OWEN. The bill has already passed the House. It access to Government publications containing/plans, statements,
meets the approval of the Assistant Secretary of the Interior, and statistics that migltt be used to some advantage against our
Mr. Adams, whose report accompanies the report of the com country. We are quite .particular in excluding what we call
mittee. I thought the Senator from Kansas was informed in spies, who come to get such information as we have in regard
regard to it.
tv our systems of defense. Does a studqfrt enrolled at West
>
Mr. CURTIS. I was not. I was not at the committee meet Point, passing through thfc, ordinary coursfe of education, have
ing when the bill was ordered reported out.
access to that kind of information?
Mr. OWEN. It was ordered reported this morning from the ; Mr. DU PONT. I will say to the Senator from Idaho that he
committee before the Senator from Kansas came into the cornas access to no greater sources of military information than
mil tee, I suppose. They simply have had a drought there for
re to be found in every public library.- All matters of a conthree successive years, and this is only extending the time. It is Idential nature are kept in the War department or the Navy
a matter to which I think there can be no objection.
Department, and no student at West Ifoint, be lie American or
The VICE PRESIDENT. Does the Senator from Kansas ereigner, has any access to tbejn.
object?
Mr. HEYBURN. I had supposed that was the fact, but I
Mr. SMOOT. Let the bill go over.
wanted that it should appear in\the/R ecord in connection with
The VICE PRESIDENT. Objection is made, and the bill I the consideration of this question! Ms a principle, I am opposed
goes to the calendar.
f to opening our naval and military 'schools to the education of
possible enemies. But I am not ^disposed to carry it further
—
in
M A N U E L AGUERO Y JU N Q U fi.
J
than to state my objection. Still, i- like to inquire from time to
Mr. DU PONT. I report back favorably without amendin/nt time just how far it goes and the sfii|tus of the matter.
The VICE PRESIDENT. Is the*e objection to the present
from the Committee on Military Affairs the joint resolution
(S. J. Res. 91) authorizing the Secretary of War to receive for consideration of the joint resol iff ion?
There being no objection, tlie. joint .resolution was considered
instruction at the United States Military Academy at West
Point Mr. Matouel Agiiero y Junqu6, of Cuba, and I ask for its as in Committee of the W hole/
The joint resolution was Reported*, to the Senate without
present consideration.
/
The VICE PRESIDENT. The joint resolution will be read amendment, ordered to be engrossed for a third reading, read
the third time, and passed.
for the information of the Senate.
The Secretary ret^d the joint resolution, as follow s:
BIL LS INTRODUCED.
R
esolved etc., That the Secretary of War be, and hereby is, author Bills were introduced, read the first time, and, by unanimous
,
ized to permit Mr. Manual Asiiero y Ju qu of Cuba, to receive instruc consent, the second time, and referred as follows:
n <3,
tion at the United State*, Military Academy at West Point: P r o v id e d ,
By Mr. BRIGGS:
That no expense shall be caused to the United .■States thereby, and that
A bill (S. 594S) authorizing the Secretary of War, in his dis
the said Manuel Agiiero y Junqud shall agree to comply with all regu
lations for the police and discipline of the academy, to be studious, and cretion, to permit the H*ires Turner Glass Co. to connect its
to give his utmost efforts toVaccomplish the course in the various de
partments of instruction, and that the said Manuel Agiiero y Junqud property at Rosslyn, Va., with the water main of Fort Myer, Va.
shall not be admitted to the academy until he shall have passed the (with accompanying papers) ;
mental and physical examinations prestribed for candidates from the
A bill (S. 5949) for the relief of James Danielson (with ac
United States, and that he shall he immediately withdrawn if deficient
in studies or conduct and so recommended by the academic board : A n d companying papers) ; and
p r o v i d e d f u r t h e r . That in the case .A the said Manuel Agiiero y Junqud
t'
A bill (S. 5950) to regulate the filling of vacancies in the
the provisions of sections 1320 and 3,321 of the Revised Statutes shall Corps of Cadets at fhe United States Military Academy not
be suspended.
./•
"k
otherwise provided for by existing law; to the Committee on
The VICE PRESIDENT. Is tlicke objection to the present Military Affairs.
consideration of the joint resolution!
A bill (S. 5951) granting a pension to Mary Agnes DrumMr. GALLINGER. jfav. President,
will ask the Senator goold; to the Committee on Pensions.
from Delaware how many of these yottpg men from different
By Mr. NIXON : •
countries are now iff the Military Academy, if he can give the
A bill (S. 5952) to provide for an enlarged homestead entry
information?
/
\
in Nevada where sufficient water suitable for domestic purposes
Mr. DU PON T/ Mr. President, I will say tq the Senator from is not obtainable ..upon the lands; to the Committee on Public
New Hampshire that there are only two yohpg men actually Lands.
there at the present time, Hernan Arthur Ullo% of Costa Rica,
By Mr. CULLGM:
receiving instructions under the provisions of tliq joint resolu
A bill (S. 5953) granting an increase of pension to Samuel B.
tion of Cpiigress approved January 18, 1908, tiffd Demetrio Baker (with accompanying papers) ; to the Committee on Pen
Castillo, ir., of Cuba, receiving instruction under the provisions sions.
of an aoC of Congress approved March 4, 1909. It iS true that
-.
By Mr. HEYBURN:
there (ms been authority granted to admit three more/but they
A bill (S. 5$54) granting an increase of pension to James
have .not yet reported.
\
Jordan (with accompanying papers) ; to the Committee on
Mf. GALLINGER. I recall the fact, Mr. President, that not Pensions.
long ago such authority was granted for three other young men;
By Mr. PERKINS:
Lmave forgotten from wliat country they hailed, but it seemed
A bill (S. 5955) for the relief of certain retired officers of the
to me we were liable to overdo this thing if we did not call a Navy and Marine Corps; to the Committee on Naval Affairs.
1912,
CONGRESSIONAL RECORD— BEFATE
3775
New Hampshire, praying for the establishment of a parcel-post
He also presented a memorial o f sundry citizens o f Farm
system, which were referred to the Committee on Post Offices ington, 111., remonstrating against th^Cstablishment of a parceland Post Roads.
post system, which was rcferred^fo the Committee on Post
JF
He also presented a petition o f sundry citizens of Lebanon, Offices and Post Roads.
N. PI., praying for the enactment o f legislation providing for
Mr. PENROSE presented a Q$mion o f members of the Board
the construction of one of the proposed new battleships in the o f Trade of Philadelphia, Pag praying for the enactment of
Brooklyn Navy Yard, which was referred to the Committee on legislation providing for th^ifiprovement of the foreign service,
Naval Affairs.
which was referred to tln^nnim ittee on Foreign Relations.
Mr. TOWNSEND presented a memorial of the Packard Motor
Mr. PERKINS preseidpi petitions of sundry citizens of San
Car Co., of Detroit, Mich., remonstrating against the enactment Francisco and Stocktcy$mn the State of California, praying for
of legislation to regulate the use o f motor boats, which was the enactment o f legislation to exempt American vessels from
referred to the Committee on Commerce.
tolls when passinggfnrough the Panama Canal, which were re
_ He also presented a petition o f Local Union No. 12, Interna ferred to the Cqjjp!nittee on Interoceanic Canals.
tional Photo-Engravers’ Union, o f Detroit. Mich., praying for
He also presented a petition of sundry citizens of Healdsthe enactment of legislation to protect the labels on union-made burg. Cal., pn jflng for the extension of the Rural Free Delivery
Products in the District of Columbia, which was referred to the Service, which was referred to the Committee on Post Offices
Committee on the Judiciary.
and PostJRbads.
He also presented the memorial of P. PI. Peters, o f Davison,
Mr. JpH jRN E presented a petition o f sundry citizens of Ore
Mich., remonstrating against the establishment o f a parcel-post gon Cpy, Portland, and Gladstone, all in the State of Oregon,
system, which was referred to the Committee on Post Offices prajgfrig for the enactment of an interstate liquor law to prevent
and Post Roads.
thpiiullification of State liquor laws by outside dealers, which
He also presented a memorial of Local Grange No. 115, Pa
is referred to the Committee on the Judiciary.
trons of Husbandry, of Williamston, Mich., remonstratin:
R E P O R T S OF C O M M IT T E E S .
against any reduction being made in the duty on wool, wine
Mr. GALLINGER, from the Committee on the District of
Was referred to the Committee on Finance.
jc
He also presented memorials o f sundrs^ citizens o f Sand Ljffie, Columbia, to which was referred the bill (S. 524G) to redeem
Coopersville, Hartland, and Sault Ste. Marie, all in thc^State a certain outstanding certificate of indebtedness issued by the
of Michigan, remonstrating against the enactment o f I n fla tio n late board o f audit o f the District o f Columbia, and for other
to provide for the coloring o f oleomargarine in intention of purposes, reported it with an amendment and submitted a report
butter, which were referred to the Committee on Agriculture (No. 498) thereon.
He also, from the same committee, to which was referred
and Forestry.
#
He also presented the memorial o f E. M. Broker, o f Byron the bill (H. R. 12623) to incorporate the American Numismatic
Center, Mich., remonstrating against the r e p # ! o f the oleo Association, reported it without amendment and submitted a
margarine law, which was referred to the Cofhmittee on Agri report (No. 499) thereon.
culture and •
Forestry.
r
Mr. LODGE. From the Committee on Foreign Relations I
He also presented petitions of sundry citizens of Alton,L’Anse, report back favorably with an amendment the bill (H. R.
Baraga, Lakeview, Pere Cheney, Schultz, Henderson, Grand 16571) to give effect to the convention between the Governments
Haven, and Kingsley, all in the State y f Michigan, praying for of the United States, Great Britain, Japan, and Russia for the
the establishment of a parcel-post system, which were referred preservation and protection of the fur seals and sea otter which
to the Committee on Post Offices an<W‘ost Roads.
frequent the waters of the North Pacific Ocean, concluded at
He also presented petitions o f ,Sundry citizens of Lawton, Washington July 7,1911, and I submit a report (No. 501) thereon.
Portage, and Williamston, all in the State o f Michigan, praying I desire to say that while the committee is unanimous in favor
for the enactment of an interstate liquor law to prevent the of the bill, there is a division of opinion in the committee as
nullification of State liquor lavgf by outside dealers, which were to the amendment which is recommended by the majority, and
referred to the Committee onfThe Judiciary.
especially in regard to the limitation o f the closed season.
The VICE PRESIDENT. The bill will be placed on the
Mr. MYERS presented a^qietition of sundry citizens o f An
aconda, Mont., praying fojMthe enactment o f legislation provid calendar.
Mr. NELSON, from the Committee on Territories, to which
ing for the constructioniff one of the proposed new battleships
in the Brooklyn Navy yYard, which was referred to the Com was referred the bill (S. 5829) to amend an act entitled “An
act to provide for the construction and maintenance of roads,
mittee on Naval Affaj/s.
Mr. FLETCHER ifresented a petition of sundry citizens of the establishment and maintenance of schools, and the care and
Palma Sola, Fla., graying for the establishment o f a parcel- support o f insane persons in the District o f Alaska, and for
post system. whijBi was referred to the Committee on Post other purposes,” approved January 27, 1905, reported it with an
amendment and submitted a report (No. 500) thereon.
Offices and PostiRoads.
Mr. CULBERSON, from the Committee on Public Buildings
He also pregamted a memorial of sundry citizens o f Floral
City, Fla., rem/nstrating against the extension o f the parcel-post and Grounds, to which was referred the bill (S. 4604) to in
system beyond its present limitations, which was referred to crease the limit for purchase of site and the erection o f a cus
tomhouse at Wilmington, N. C., reported it with ;«i amendment.
the Committee on Post Offices and Post Roads.
Mr. MYERS, from the Committee on Indian Affairs, to which
He also^tresented a petition of Paul Hatch Camp, No. 1110,
"United c/ife d e r a te Veterans, of Mayo, Fla., praying that an ap was referred the bill (S. 5674) for the relief of Indians occupy
propriation be made providing for the settlement of the so-called ing railroad lands, reported it without amendment and submit
cotton-inx claims, which was referred to the Committee on ted a report (No. 502) thereon.
Mr. PERKINS, from the Committee on Naval Affairs, to
Clain
M /N E L S O N presented petitions of sundry citizens of Gary, which was referred the bill (S. 5937) to restore in part the
Adi*; find Farris, all in the State o f Minnesota, praying for the rank of Lieuts. Thomas Marcus Molloy and Joseph Henry
establishment of a parcel-post system, which were referred to Crozier, United States Revenue-Cutter Service, asked to be dis
charged from its further consideration and that it be referred
tlio^Committee on Post Offices and Post Roads.
lie also presented a memorial of sundry citizens of Hazel, to the Committee on Commerce, which was agreed to.
Mr. CHAMBERLAIN, from the Committee on Indian Affairs,
Minn., remonstrating against the extension o f the parcel-post
system beyond its present limitations, which was referred to the to which were referred the following bills, reported them sev
erally with amendments and submitted a report (No. 503)
Committee on Post Offices and Post Roads.
He also presented a petition o f sundry citizens o f Minnesota, thereon:
S. 4204. A bill to provide for the final settlement with the
praying for the enactment of legislation to prohibit the use of
Phosphorus in the manufacture o f matches, which was referred Tillamook Tribe of Indians, o f Oregon, for lands ceded by said
Indians to the United States in a certain agreement between
to the Committee on Finance.
Mr. CULLOM presented a petition of the Woman’s Christian said parties dated August 7, 1851;
S. 4205. A bill to provide for the final settlement with the
Temperance Union o f Zurna, Ilk, praying for the enactment of
aa interstate liquor law to prevent the nullification of State Clatsop Tribe o f Indians o f Oregon for lands ceded by said
liquor laws by outside dealers, which was referred to the Com Indians to the United States in a certain agreement between
said parties dated August 5, 1851;
mittee on the Judiciary.
S. 4533. A bill to provide for a final settlement with the KathHe also presented petitions of sundry citizens of Fancy
Prairie and Mount Carmel, in the State o f Illinois, praying lamet Band of Chinook Indians, o f Oregon, for lands ceded
for the establishment o f a parcel-post system, which were re by said Indians to the United States in a certain unratified
treaty between said parties dated August 9, 1851;
ferred to the Committee on Post Offices and Post Roads.
3776
CONGRESSIONAL RECORD— SENATE.
S. 4534. A bill to provide for a final settlement with the
Wheelappa Band of Chinook Indians, of Washington, for lands
ceded by said Indians to the United States in a certain unrati
fied treaty between said parties dated August 9, 1851;
S. 4535. A bill to provide for a final settlement with the
Lower Band of Chinook Indians, of Washington, for lands
ceded by said Indians to the United States in a certain unrati
fied treaty between said parties dated August 9, 1851;
S. 453G. A bill to provide for a final settlement with the
Waukiiuum Band of Chinook Indians, of Washington, for lands
ceded by said Indians to the United States ip a certain unrati
fied treaty between said parties, dated August 8, 1851; and
S. 4537. A bill to provide for a final settlement with the Nucquee-clah-we-muck Tribe of Indians, of Oregon, for lands ceded
by said Indians to the United States in a certain unratified
treaty between said parties, dated August 7, 1851.
Mr. BROWN, from the Committee on.'Territories, to which
was referred the bill (S. 5254) to provide for compulsory edu
cation of the children of Alaska, and.for other purposes, re
ported it without amendment and submitted a report (No. 504)
thereon.
;;
Mr. BOURNE, from the Committee on Public Buildings and
Grounds, to which were referred the following bills, reported
them each without amendment and submitted reports thereon:
S. 5S74. A bill to increase the limit of cost for the erection
and completion of the United States post-office building at Al
bany, Oreg. (Report No. 505) ; and
S. 5877. A bill to increase the limit of cost for the erection
and completion of the post-office; building at The Dalles, Oreg.
(Report No. 506).
M arch 22
By Mr. THORNTON:. .. .
__
A bill (S. 5985) for tlie;
of Francis Paiombo,
deceased (with acconiBfltfmng paper) ; and'
A bill (S.
the relief of heirs.or estate of*Sebastian
U. D. Schtaf^e, deceased (with accompanying paper) ; to the
Committee on Claims.
By Mr. OWEN:
A bill (S. 5987) relative to restrictions on allotted Indian
lands in the State of Oklahoma; to the Committee on Indian
Affairs.
A bill (S. 598S) authorizing the Secretary of the Interior to
set aside certain lands to be used as a sanitarium by the Order
of Owls; to the Committee on Public Lands.
By Mr. MARTIN of Virginia-:
AAbill (S. 5989) for the relief of the estate of Peter McEnery,
deceased; to the Committee on Claims.
AMENDMENTS TO RIVER AND HARBOR BILL ( H. R. 21477).
Mr. VtICHARDSON submitted an amendment proposing to
appropriate 814,000 for improving Little River, Del., etc., in.
tended ™ be proposed by him to the river and harbor appro
priation Still, which was referred to the Committee on Commerce
and ordered to be printed.
Mr. NELSON submitted an amendment proposing to appro
priate $40.(W) for improving the Potomac River, etc., intended
to be proposed by him to the river and harbor appropriation
bill, which u\s referred to the Committee on Commerce and
ordered to be printed.
Mr. CRANE \ubmitted an amendment relative to the read
justment o f the\ccounts of the persons, firms, or corporations
who have been contractors for dredging in connection with the
KILLS IN^kODTTCED.
improvement of tpe harbor at Boston, Mass., etc., intended to
Bills were introduced, read the first time, and, by unanimous be proposed by hin%to the river and harbor appropriation bill,
consent, the second time, and Referred as follows:
which was referred V the Committee on Commerce and ordered
By Mr. SMOOT:
to be printed.
\
A bill (S. 5972) to establish a public health service, and for
He also submitted \ n amendment proposing to appropriate
other purposes; to the Committee on Public Health and Na $250,000 for improving\iorth of Pollock Rip Channel, from the
tional Quarantine.
\
Jr
shoals lying near the entrance to Nantucket Sound, Mass., etc.,
By Mr. CRAWFORD (for Mr. G a m bl e ) :
intended to be proposed\y him to the river and harbor appro!
A bill (S. 5973) authorizing the Secretary of the Interior to priation bill, which was referred to the Committee on Commerce
cause allotments to be made to the Indians of the Morongo In and ordered to be printed^
dian Reservation in California; to the Committee on Indian
He also submitted an Anendment proposing to appropriate
Affairs.
H
$5,610 for improving the \ arbor at New Bedford and Fair
By Mr. TOWNSEND:; i
Haven, Mass., etc., intended%o be proposed by him to the river
A bill (S. 5974) granting an increase of pension to James H. and harbor appropriation bi& which was referred to the Com
Grosser (with accompanying paper) ; to the Committee on Pen mittee on Commerce and ordeked to he printed.
sions.
D R. IIA R V E % W .jf W I L E Y .
By Mr. WORKS: |
Mr. MARTINE of New Jers<% submitted the following reso
A bill (S. 5975) g ra tin g an increase of pension to Mary A.
Connolly (with accompanying papers) ; to the Committee on lution (S. Res. 256), which was W ad:
R e s o l v e d , That the Senate has leawed with much regret of the res
Pensions.
ignation of Dr. Harvey W: Wiley, heac&of the Pure Food Bureau of the
By Mr. CHILTON.?
United States Government. We feei tnm his services while at the head
t
A bill (S. 5976) Jor the relief of Mrs. C. A. Smith; to the of that department have heen of dneafculable value to the American
people, and take this opportunity
expless our confidence in his great
Committee on Claims.
as
A bill (S. 5977) granting an increase of pension to Catherine ability and the splendid service hqjm rendered to this country.
Mr GALLINGER. Let the resolution go over, Mr. President.
Thomas; and
Jf
'%
The VICE PRESIDENT. The res(%ition will go over under
A bill (S. 5978g r a n tin g an increase of pension to Austin B.
the rule, on objection.
Wells; to the Cojfmittee on Pensions.,
ADJOURNMENT TO MONDAY.
By Mr. WILLIAMS :
A bill (S. 597$) for the relief of h^irs or estate of W. R.
Mr. GALLINGER. In view of the f;\t, Mr. President, that
Smith, deceased1 with accompanying palpi*) ; to the Committee the Senate has accepted an invitation totattend the memorial
^
on Claims.
Jf
\
exercises to-morrow, I move that when Xhe Senate adjourns
By Mr. PENROSE:
to-day it be to meet on Monday next.
A bill (S. 5$80) granting an increase of, pension to Samuel
The motion was agreed to.
P. Shaffer; |
PAYMENT OF MONEY IN POLITICAL CAMPAIGNS.
A bill (S. 5081) granting a pension to Sal lie B. Smith (with
Mr. GALLINGER. I submit a resolution, i\ th e nature of a
accompanying' paper) ; and
\
A bill (S. -5982) granting an increase of pension to Henry M. substitute for Senate resolution No. 242, directing the Com
Lavo (with accompanying papers) ; to the Committee on Pen mittee on Post Offices and Post Roads to inquire\ito and report
to the Senate whether post-office inspectors ale being sent
sions.
through the country to influence postmasters to ai<t in the elec
By Mr. POINDEXTER:
%
A bill (S'. 59S3) to amend an act approved February 19, 1909, tion of delegates,for or against any candidate for., the Presi
entitled “An act to provide for an enlarged homestead ” ; to the dency, and so forth. I ask that the resolution lie on- the table
and be printed. V
\
Committee on Public Lands.
\
The resolution was read, ordered to lie on the table, aAtJ to be
Mr. WARREN introduced a bill (S. 5984) to provide for the
printed, as follows:
sale -of eertain real estate in Washington, D. C., belonging to
the United States, which was read twice by its title and re
R e s o l v e d , That the Committee on Post Oflices and Post Roads is
hereby authorized and directed, by subcommittee or otherwiseXto
ferred to the Committee on the District of Columbia.
'%
date
Mr. HEYBURN. I suggest that the bill introduced by the inquire into and report to the Senate at the earliestsent atpracticable
whether post-office inspectors or other officials were
anv time
Senator from Wyoming [Mr. W arren ] and referred to the Com during the year 1904 or are now being sent through the country as
mittee' on the District of Columbia should go to the Committee political emissaries to influence postmasters to aid in the election of
delegates t o t or against any candidate for the Presidency; also to
on Public Lands, as it provides for the sale of public lands.
inquire intev and report to the Senate whether postmasters with good
Mr, GALLINGER. I have no objection to the bill going to official records were in 1904 or are now being threatened directly or
indirectly with removal or discipline if they gave or failed to give
the Committee on Public Lands.
their
to
for delegates
The VICE PRESIDENT. The bill will be referred to the tions support the certain candidatesto inquire intoto national conven
or for
Presidency; also
and report to the
Committee on Public Lands.
Senate whether in 1904 appointments were made, or were prom
ised
1912.
CONGRESSIONAL RECORD— SENATE.
senior Senator from Illinois [Mr. C ullom ]. I f my colleague
were present, lie would vote “ nay.”
The roll call was concluded.
Mr. CURTIS. I am requested to announce that the Senator
from Colorado [Mr. Guggenheim ] is paired with the Senator
from Kentucky [Mr. Paynter ].
Mr. BRADLEY. I again announce my pair with the senior
Senator from Tennessee [Mr. T aylor].
The result was announced—yeas 51, nays 16, as follow s:
Borah
Bourne
Brantlegee
Briggs
Bristow
Brown
Burton
Chamberlain
Cummins
Curtis
.pBljngham
dn Pont
Gardner
Gfonna
Hitchcock
Johnson, Me
henyon
Kern
LaFolIette
Lodge
Lorimer
Chilton
Clapp
Clark, Wyo.
Crane
Crawford
YEAS— 51.
McGumber
McLean
Marline, N. J.
Myers
Newlands
Nixon
O’Gorman
Oliver
Page
Penrose
Perkins
Poindexter
I’omerene
Bryan
Culberson
Ll etcher
1 oster
Overman
Owen
garner
g’nimons
Cullom
Davis
Dixon
Gallinger
Gamble
Gore
QuSgenheim
Bankhead
Bradley
Burnham
Clarke, Ark.
In A ssem bly,
F red W. H a m m o n d , C lerk.
#
jfr
TO
Tillman
M ONDAY.
f
Mr. McCUMBER. I now move that when the Senate ad
journs to-day it adjourn to meet on Monday next.
Mr. SMOOT. Mr. President-----Mr. LODGE. The motion is not debatable.
Mr. SMOOT. I simply want to sajr that I think the calen
dar ought to be taken up to-morrow.
Mr. PENROSE. It can be taken up next week. .
Mr. McCUMBER. We have had a hard day.
The VICE PRESIDENT. The question is on the motion of
the Senator from North Dakota [Mr. McCumt.es] that when
flio Senate adjourns to-day it adjourn to meet on Monday next.
The motion was agreed to.
Motor
an d
other
v e h ic l e s
in
NO.
governm ent
4 7 7 ).
service
( s.
doc.
/
The VICE PRESIDENT laid before the Senate a communi
cation from the Attorney General, .transmitting, in response
fo a resolution of the 25th instant, certain information relative
to the number of carriages, vehicles, etc., now owned by the
Government, or maintained at ^Government expense and used
by that department, etc., which w&s referred to the Committee
on Appropriations and orderejJ to be printed.
THE
C O N G f h 'S S I O N A L
REC O R D .
The VICE PRESIDENT" laid before the Senate the amend
ment of the House of Representatives to the concurrent resolu
tion of the Senate (S. /o n . Res. 14) authorizing the Librarian
of Congress to furnish a copy of the daily and bound C ongres
s io n al R ecord to the undersecretary o f state for external af
fairs of Canada.
Mr. SMOOT. I more that the concurrent resolution and
amendment be referred to the Committee on Printing.
The motioij was agreed to.
/
P E T IT IO N S AN D M E M O R IA L S .
The VICE PRESIDENT presented a concurrent resolution
adopted by tjfe Legislature of the State o f New York, which
Was referred" to the Committee on Forest Reservations and the
1 rotection £ f Game and ordered to be printed in the R ecord,
as fellows’:
,
S tate
of
N ew Y ork.
Office o f th e S e c r e ta r y o f S ta te.
Pursuant to the direction therein contained, I have the honor to
transmit herewith the following concurrent resolution of the Senate
a»fl Assembly of the State of New York, adopted March 4. 1912:
S tat e
of
N ew Y or . ( I n S e n a t e ),
n
A lb a n y , M a rch
Whereas there have been introduced in Congress three hills (Nos.
1013.
II. It.
30, H. R. 442S, S. 2207) to afford Federal protection to migratory
game birds; and
of
N e w Y ork ( I n S e n a t e ),
—
of
N e w Y ork ( I n A s s e m b l y ),
M a r ch J 1012.
t,
The foregoin®resolutiou was duly passed, a majority of all the mem
bers elected toAhe assembly voting in favor thereof.
By order ogsthe assembly.
J jf
E. A. M er r itt , Jr., S peaker.
So the bill was passed.
Mr. SMOOT. I move that the Senate adjourn.
Mr. McCUMBER. Will the Senator withhold that motion
for a moment?
Mr. SMOOT. Very w e ll; I withhold the motion.
Mr. McCUMBER/ I ask that the bill be printed as amended.
The VICE PRESIDENT. Without objection, an order there
for will be entered.
ADJOU RN M EN T
S tate
J jF
Stone
Taylor
Nelson
S tate
A?
M a rch It, 1912.
The foregoing resolution was duly passed, a majority of all senators
elected voting in favo^/thereof.
By order of the senate.
T. F. C o n w a y , P re sid en t.
Paynter
Reed
Smith. Md.
H e y bu rn
J on es
L jP P itt
M a r tin , Va.
M a rch J, 1912.
Concurred in without amendm*
By order of the assembly. . W
Smith, S. C.
Swanson
Thornton
Williams
N o t VOTING— 24.
\rr\r
Ga.
NOT
Bailey
P a t r ic k E. M c C aee , Clerk.
#
■
foI,nston. Ala ^ Percy
Lea
a-
Bacon
Richardson
Root
Shively
Smith, Mich.
Smoot
Stephenson
Sutherland
To wn send
V/arren
Watson
Wetmore
Works
Whereas there is a very general sentiment in this SjKte in favor of
such protection, and an urgent request for the enap mcnt of such a
law has been made, as appears by numerous petitions received : Now
therefore
he, and hereby is,
R e s o l v e d ( i f t h e a s s e m b l y c o n c u r ) , That Cong
to migratory game
requested to enact a law giving ample protect!
birds;
Js
R e s o l v e d , That the legislatures of all othes®f States of the United
States, now in session or when next conyened^e, and they hereby are,
respectfully requested to join in this request ] # the adoption of this or
any equivalent resolution;
,,
R e s o l v e d f u r t h e r . That the secretary of.ffitate he, and he hereby is,
directed to transmit copies of this resolution to the Senate and House
of Representatives of the United States, Jpnd to the several Members of
said body representing this State therein!? also to transmit copies hereof
to the legislatures of all other States or the United States.
By order of the senate.
JjF
—
In witness whereof, I have hereunto set my hand and the seal of
office oLthe secretary of state, at the city of Albany, this 25th day of
M a r c h /1912.
[ s|ial.]
E dward L a z a n s k y , S e c r e t a r y o f S t a t e .
VICE PRESIDENT presented a resolution adopted by
pfeuver Brown Camp, No. 20, United Spanish War Veterans,
Department of Indiana, of Richmond, Ind., expressing their
thanks to all who gave assistance in the raising of the battle
ship Maine, etc., .which was referred to the Committee on
Naval Affairs.
He also presented a memorial of the Central Labor Union of
Portsmouth, N. LI., remonstrating against the employment ol
enlisted men on Government vessels lying in Portsmouth Har
bor, N. H., in the performance of work which heretofore de
volved upon civilian employees, which was referred to the Com
mittee on Naval Affairs.
He also presented petitions of the congregations of the Metho
dist Episcopal Church, the Methodist and Baptist Churches of
Piedmont, A la .; the Evangelical Lutheran Church of Mohrsville, P a .; and the Presbyterian and Methodist Churches of
Big Sandy; of the Woman’s Christian Temperance Unions of
Union City, Oreg., Athens, La., Orofine, Idaho, Tennessee City,
Tenn., Winnebago, Minn., and Big Sandy, Term.; and of sundry
citizens of Union City, Oreg., praying for the adoption of an
amendment to the Constitution prohibiting the manufacture,
sale, and importation of intoxicating liquors, which were re
ferred to the Committee on the Judiciary.
He also presented a petition of the legal representatives of
the Pokagon Tribe of Pottawattamie Indians, of Michigan and
Indiana, praying that protection he granted them as guaran
teed in the Greenville peace treaty of August 3, 1795, which
was referred to the Committee on Indian Affairs.
Mr. SIMMONS presented a memorial of sundry citizens of
Gibsonville, N. C., remonstrating against the extension of the
parcel-post system beyond its present limitations, which was
referred to tiie Committee on Post Offices and Post Roads.
He also presented a petition of members of the Ministerial
Union of Winston Salem, N. C., and a petition of sundry citizens
of Rutherford, N. C., praying for the enactment of an interstate
liquor law to prevent the nullification of State liquor laws by
outside dealers, which were referred to the Committee on the
Judiciary.
Mr. SHIVELY presented a petition o f Local Union No. 51,
International Union of Steam Engineers, o f Indianapolis, Ind.,
praying for the enactment of legislation providing for the con
struction of one of the proposed new battleships in the Brook
lyn Navy Yard, which was referred to the Committee on Naval
Affairs.
He also presented a petition o f Harry O. Perkins Camp. No.
25. Department of Indiana, United Spanish War Veterans, of
South Bend. Ind., praying for the enactment of legislation to
pension the widow and minor children of any officer or enlisted
man who served in the War with Spain or the Philippine insur
rection, which was referred to the Committee oh Pensions.
The
4016
CONGRESSIONAL RECORD— SENATE.
Mr. BROWN presented memorials of sundry citizens of Gering and Bayard, in the State of Nebraska, remonstrating against
any reduction of the duty on sugar, which were referred to the
Committee on Finance.
lie also presented petitions of sundry citizens of Amherst,
Potter, and Beatrice, all in the State of Nebraska, playing for
the adoption of certain amendments to the oleomargarine law,
which were referred to the Committee on Agriculture and
Forestry.
Mr. POINDEXTER presented petitions of the Woman’s
Christian Temperance Union of Spokane, and of sundry citizens
of Spokane and Olympia, all in the State of Washington, pray
ing for the enactment of an interstate liquor lap to prevent the
nullification of State liquor laws by outside dealers, which were
referred to the Committee on the Judiciary. /
He also presented a memorial of sundry dpzens of La Crosse,
Wash., remonstrating against the extension of the parcel-post
system beyond its present limitations, whigsh was referred to the
Committee on Post Offices and Post Roadlt
He also presented a petition of sundry citizens of Tacoma,
Wash., praying for the passage of thejfo-called eight-hour bill,
which was referred, to the Committeapn Education and Labor.
Mr. O’GORMAN presented a concurrent resolution adopted by
the Legislature of the. State of NewjYork relative to the enact
ment of legislation giving ample protection to migratory game
birds, which was referred to the Committee on Forest Reserva
tions and the Protection ,of Game/
T H E C O N G R E S S IO N A L RECORD A3J§> P A R L I A M E N T A R Y H A N S A R D .
Mr. SMOOT. From the Committee on Printing, I report a
joint resolution and ask unan^hious consent for its present con
sideration.
The joint resolution (S. J, Res. 93) authorizing the Librarian
of Congress to furnish a cojfy of the daily and bound Congres
sional R ecord to the ufi'derstigretary of state for external
affairs of Canada, in exchange for a copy of the Parliamentary
Hansard, was read the first time by its title and the second
time at length, as follow s:
March 29
By Mr. PENROSE:
A bill (S. 6082) granting an honorable discharge to George
M. Bryan; to the Committee on Military Affairs.
By Mr. BRADLEY :
. A bill (S. 60S3) granting an increase of pension to Edward
Murphy (with accompanying paper); to the Committee on
Pensions.
AM ENDM ENTS
TO R IV E R A N D
HARBOR
BELL
( II.
IL
2 1 4 7 7 ).
Mr. FLETCHER submitted an amendment providing for
survey of the Withlacoochee River, Fla., between Stokes Ferrv
and Panasoffkee, etc., intended to he proposed by him to the
river and harbor appropriation bill, which was referred to the
Committee on Connfierce and ordered to be printed.
Mr. O’GORMAN sfi^mitted an amendment relative to the ini
provement of Jamaica’Bay and entrance thereto, New York, etc *
intended to be proposeoyby him to the river and harbor appro
priation bill, which was inferred to the Committee on Commerce
and ordered to be printed.^
He also submitted an amendment relative to the amount of
material excavated by the citySnf New York in dredging the
main interior channel in Jamaica^^ay, etc., intended to be pro
posed by him to the river and harbofe^pppropriation bill, which
was referred to the Committee on Commerce and ordered to i,f.
printed.
A M E N D M E N T S TO A P P R O P R IA T I O N B I L L S . •
Mr. CRAWFORD submitted an amendment proposing to ap
propriate $50,000 for survey and listing of lands within forest
reserves chiefly valuable for agriculture, etc., intended to
Mr BROWN (for Mr. D ix o n ) submitted an amendment projHi.
5
posing to appropriate $30,000 for a survey of land on the Fort
Belknap Indian Reservation, Mont., etc., intended to be pro
posed by him to the Indian appropriation bill (II. R. 2072s')'
wiudUwMtas’ referred to the Committed bn Indian Affairs
or
R esolved , etc., That the' Librarian of feongress is hereby authorized
\
to furnish a copy of the daily and hound C ongressional R ecord to the dered to be printed.
undersecretary of state Tor external affairs of Canada in exchange
Mr. OWEN submitted an amendment proposing tliat tlie f Und j
for a copy of the Parluptsentary Hansard, fend that the Public Printer - of $390,257.92 placed to the credit of the Choctaw Indians bvl
is hereby directed to honor the requisition oi the Librarian of Congress s
for such copy. The Parliamentary Hansard so received shall he the! act of March 1, 1907, shall draw interest at 5 per cent, to be
property of the Department of State.
placed to their credit, etc., intended to be proposed by him to!
The VICE PRESIDENT. Is there objection to the present the Indian appropriation bill (IL R. 2072S), which was referred"’
to the Committee on Indian Affairs and ordered to be printed. I
consideration of the joint resolution?
He also submitted an amendment providing that the restric-l
There being nonobjection, the Senate, as in Committee of the
Whole, proceeded/to consider the joint resolution.
tions on the right of alienation or encumbrance of allotments iu The joint resolution was reported to the Senate without the Cherokee Nation be removed, save and except only the re- *
_f
amendment, ordered to be engrossed for a third reading, read stricted homesteads of the allottees now occupied by them, jQ
the third time,Jind passed.
tended to he proposed by him to the Indian appropriation bill" I
which was referred to the Committee on Indian Affairs and *
B I L L S IN T R O D U C E D .
ordered to be printed.
1 uj
Bills were Introduced, read the first time, and, by unanimous
He also submitted an amendment proposing to appropriat
consent, the Second time, and referred as follow s:
$35,000 for tlie construction of a sanitary server system in Piatt '
By Mr. SIMMONS:
National Park, Okla., intended to be proposed by him to tli
A bill (S. 6073) for the erection of a monument to Gen. James Indian appropriation bill (H. R. 2072S), which was referred to
Moore upon Moores Creek battleground, North Carolina; to the the Committee on Indian Affairs and ordered to be printed. °
Committed on the Library.
SEN A TO R S FRO M A R IZ O N A .
J. _ A hill AS. 6074) granting an increase of pension to Jane
Allen ;
Mr. SHIVELY submitted the following resolution (g u G
A hill (S. 6075) granting an increase of pension to William 270), which was referred to the Committee on Privileges m i
E. Henry (with accompanying paper) ; and
Elections:
&
a
A bill (S. 6076) granting an increase of pension to Rachel
R esolved . That the Senate now proceed to ascertain the classes ^
Hagan (with accompanying papers) ; to the Committee on
which the Senators from the State of Arizona shall he assigned in „„„
Pensions.
formity with the resolution of the 14tlj of May, 1789, and as the O nn"
By Mr. FLETCHER:
stitution requires.
"v
jr
ori"
O rdered, That the Secretary, putTnto the ballot box two paner<! «
A bill (S. 6077) granting an increase of pension to Mary C.
equal size, one of which shall
numbered 1 and the other shall i
Riley (with accompanying papers) ; to the Committee on Pen a blank. Each of the Senators'man the State of Arizona shall
sions.
out one paper, and the Senator whofegjiall draw the paper numbered i
shall he assigned to the class of Senators whose term of service miii
By Air. OWEN:
expire the 3d day of Marcfi, 1917
W*Vlce will
A bill (S. 6078) amending tlie act entitled “An act to provide
That the Secretary then put into the ballot box two papers of em, i
for the sale of the surface of the segregated coal and asphalt size, one of which shall be numbered 2 andv^lio other shall he niim
lands of the Choctaw and Chickasaw Nations, and for other bered 3. The other.-Senator shall draw out one paper. If the pap™
purposes,” approved February 19, 1912; to the Committee on
Indian Affairs.
.
----------assigned to
the class of Senators whose term of service will expire the 3d day of
By Mr. CRANE:
^
A biU-TS. 6079) granting an increase of pension to Catherine March, 1915.
G E N E R A L A R B IT R A T I O N T R E A T I E S .
J. Orr ; to TtfMikinmittee on Pensions.
.
Jill*. LODGE. I ask that the treaties o f general arbitration
A bill (S. 6080) for fliT
*
ie fo f ce^i^a^^flred officers of the between the United States and Great Britain and France, as rati
Navy and Marine Corps;
nJ^tet^ffinttee on Naval Affairs.
fied by the Senate, be printed as a Senate document (S. Doc.
By Mr. POMERENE:
No. 476).
A bill (S. 6081L$s«mTng an increase oT
iuil. to Edward
The VICE PRESIDENT. Without objection, an order there
S. Bragg; tojUarg^Cmnmittee on Pensions.
for is entered.
and .
CONGRESSIONAL RECORD— SENATE.
1912.
Ip w it: Liggett & Myers Tobacco Co., P . Lorillard Co., George W . Helme
Weyman-Bruton Co., and J. S. Young Co., shall, after their forma
tion and by appropriate proceeding, be made parties defendant to this
cause and subject to the provisions of this decree and bound by the
injunctions herein granted.
It is further ordered, adjudged, and decreed that any party hereto
“ ay make application to the court for such orders and directions as
hiay be necessary or proper in relation to the carrying out of said plan,
find the provisions of this decree.
It is further ordered, adjudged, and decreed that the costs of this
action shall he paid by the defendants other than R. P. Richardson, jr.,
f ; Co. (Inc.), as to whom the suit has heretofore been dismissed, and
the payment by the defendant, the American Tobacco Co., of the reason
able costs and counsel fees of the committees organized for the pro
tection of the 6 per cent bonds, 4 per cent bonds, and preferred stock
Of the American Tobacco Co. is hereby approved.
It is further ordered, adjudged, and decreed that the defendants,
the American Tobacco Co., MacAndrews & Forbes Co., American Snuff
Lo., and each of them and their and each of their officers, directors,
•servants, agents, and employees, be severally enjoined and restrained,
as in said plan set forth, from voting stocks, exercising influence or
control over other companies or gaining possession of other companies
through the use of securities temporarily held by them, respectively,
finder said plan in each and every case in which it is provided in and
by the said plan that any of said three last-named defendants shall be
£o enjoined.
It is further ordered, adjudged, and decreed that such books and
papers of the defendants, the American Tobacco Co. and S. Anargyros,
fir either of them, as relate to the suit of the Ludington Cigarette
machine Co. v . S. Anargyros and the American Tobacco Co., or the
subject matter thereof or any part thereof, be preserved by the said
nelendants, respectively, until after the accounting, if any shall take
place in said suit, and said suit be finally determined and ended.
It is further ordered adjudged, and decreed that jurisdiction of this
cause is retained by this court for the purpose of making such other
find further orders and decrees, if any, as may become necessary for
carrying out the mandate of the Supreme Court.
November 16, 1911.
E.
H en ry L acom bb,
C ircu it Judge.
A lfred C. Coxe,
C ircu it Judge.
H. G. W ard,
C ircu it Judge.
W alter C. Noyes,
C ircu it Judge.
[S. SG07, Sixty-second Congress, second session.]
A BILL T o give the right of appeal to the Supreme Court of the United
States to certain organizations or persons in the suit of the United
States v. American Tobacco Co. et al.
B e i t en a cted b y th e S en a te and H o u s e of R e p r e s e n ta tiv e s o f th e
U n ited S ta te s o f A m er ic a n in C o n g ress a ssem b led , That the National
Cigar Leaf Tobacco Association, the Cigar Manufacturers’ Association of
America, the Independent Tobacco Salesmen’s Association of America,
I be Leaf Tobacco Board of Trade of the City of New York, or any tofacco board of trade named or referred to in the written request entitled
-n the said suit and presented to the said circuit court on the 18th
fiay of October, 1911 ; the attorneys general of the States of Virginia,
a firth Carolina, South Carolina, New York, and Kentucky, and the State
fit Wisconsin, or either of said organizations or attorneys general, or
said State of Wisconsin, shall have the right to intervene in the sutif
entitled “ United States v. The American Tobacco Co. et al., approving
Xye, plan of reorganization or recreation to the Supreme Court of 4rhe
united States, with the same force and effect as though they, or Jfliose
fit them who seek to exercise the right hereby given, had been parties
to said suit, and upon such appeal they shall have in the publiq,,4hterest
fid the rights and privileges and be governed by all the procedure that
the United States would have had or would be required to observe if it
bfid taken an appeal from said decree, the intent being to hereby confer
fipon the Supreme Court of the United States that jurisdiction over the
said decree of the District Court, formerly the Circuit"’ Court of the
I nited States for the Southern District of New York, ^pon the appeal
nought to be taken by said organizations or said attorneys general, or
{•be said State of Wisconsin, or either of them, that, it would have had
II the United States had taken the proper proceedings for such an
fiP]>eal.
j?
Skc. 2. That all provisions of the law now existing or which were in
existence at the time of the entry of the saidJdecree fixing the time
within which an appeal from the said decree^shall be taken and perlected. and within which any other proceduw?'in connection with such
fippeal shall he initiated, shall apply to the
of appeal hereby given :
P ro v id ed , h o w e v e r , That the said respecti\Affimes shall, for the purpose
fit such appeal, be deemed to begin with'the day of the approval of
tfiis act.
#
Sec. 3, That this act shall take effect immediately.
U N V E IL IN G OF ST A T U E Q /'liA R O N VON STEU BEN.
Mr. SMOOT, from the Comdftttee on Printing, to which was
referred House concurrent resolution No. 39, reported it with
out amendment; and it \\d considered by unanimous consent
tS
flnd agreed to, as follows,#^
R e s o lv e d
by th e H o u s e j u
R e p r e s e n ta tiv e s
(th e S en a te
c o n cu rrin g ),
r.bfit the concurrent resolution passed August 21. 1911, providing for
Jbe printing of the proffeedings upon the unveiling of the statue of
„ fibfin von Steuben in.^Washington, December 7. 1910, he amended by
fielding the following silence after the last word thereof: “ There shall
fifi included in the same volume, as herein provided for, the proceedings
relating to the nn’W
fTing of the statue of Baron von Steuben in Berlin,
September 2, lOljr and this document shall be compiled and printed
under the direettfm of the Joint Committee on Printing.”
B IL L S INTRODUCED.
Bills wq^l introduced, read the first time, and, by unanimous
consent, J(fie second time, and referred as follow s:
By MT GAM BLEA bj/fl (S. 6085) to authorize the acceptance of trusts from
the Bheblo Indians of New M exico; to the Committee on Indian
Affairs.
4167
A bill (S, 60S6) granting a pension to Jane Smith (with ac
companying paper) ; to the Committee on Pensions.
By Mr. POMERENE:
A bill (S. 6087) for the relief of scientific institutions, hospi
tals, or colleges of learning having violated sections 3297 and
3297a of the Revised Statutes and the regulations thereunder;
to the Committee on Finance.
A bill (S. 608S) for the relief of Mason M. Maxon; to the
Committee op Military Affairs.
By Mr. JOHNSON o f Maine:
A bill (S. 6089) granting an increase of pension to Francis
Cyr (with accompanying papers)';
A bill (S. 6090) granting an increase o f pension tq,Nathaniel
M. Milliken (with accompanying papers) ; and
<&
"'
A bill (S. 6091) granting an increase of pension to Joseph
Hurd (with accompanying paper) ; to the Coipfhittee on Pen
sions.
By Mr. JOHNSON of Maine (for Mr. Gardner) :
A bill (S. 6092) granting an increase of pension to William
J. Gardner (with accompanying papers) ; to the Committee on
Pensions.
Jjr
By Mr. BRYAN (for Mr. F letchLbA '
A bill (S. 6093) providing for the.filling in of the ponds and
lowlands of the Fort Taylor Military Reservation, F la.; to the
Committee on Appropriations.
#T
By Mr. PERCY :
#
A bill (S. 6094) for the f«iief of heirs o f Dr. Samuel R.
Dunn and Elizabeth Ann D.Wnn, deceased (with accompanying
paper) ; to the Committee oil Claims.
By Mr. DILLINGHAM,:
A bill (S. 6095) to increase the limit of cost for the erection
and completion of the-’United States post-office and courthouse
building on the site.^iready acquired and possessed at Brattleboro, V t.; to the Committee on Public Buildings and Grounds.
By Mr. GALLON GER :
A bill (S. 60l6) to amend subchapter 2, chapter 19, of the
Code of Law for the District of Columbia, by providing a penalty
for willful omission to return library property in the District of
Columbia Jjwith accompanying paper) ; to the Committee on the
District
Columbia.
By
ROOT:
A
(S. 6097) to provide a keeper’s house for the lighthouse
keeper at Crown Point, N. Y .; to the Committee on Commerce.
Jfy Mr. SUTHERLAND:
;*A bill (S. 6098) providing for the military status of John
-feray; to the Committee on Military Affairs.
By Mr. GRONNA (for Mr. K enyon ) :
A hill (S. 6099) to amend section 15 o f the act to regulate
commerce as amended June 29, 1906, and June 18, 1910; to the
Committee on Interstate Commerce.
A bill (S. 6100) appropriating 8100,000 for the use of the
Interstate Commerce Commission in addition to the sum or sums
already appropriated for their use; to the Committee on Inter
state Commerce.
By Mr. PENROSE:
A. bill (S. 6101) granting a pension to John D. Sullivan (with
accompanying paper) ; to the Committee on Pensions.
By Mr. H EYRURN:
A bill (S. 6102) granting an increase of pension to Francis
McCabe; to the Committee on Pensions.
By Mr. B RO W N :
A bill (S. 6103) to amend an act entitled “ An act to provide
revenue, equalize duties, and encourage the industries of the
United States, and for other purposes,” approved August 5,
1909; to the Committee on Finance.
Bv Mr. WARREN :
A bill (S. 6104) for the relief of Daniel Hampton; to the
Committee on Military Affairs.
By Mr. MYERS :
A bill (S. 6105) for tlie creating of country parks and com
munity centers, and referring especially to one created in tins
State o f Montana, in tlie Fort Shaw unit of the Sun River
reclamation project; to the Committee on Public Lands.
By Mr. M cLEAN:
A bill (S. 6106) granting an increase o f pension to George W.
Youngs (with accompanying papers) ; and
A bill (S. 6107) granting a pension to Mary E. Maher (with
accompanying papers) ; to the Committee on Pensions.
By Mr. PE R K IN S:
A bill (S. 6108) for the relief o f persons suffering damages by
the construction of the canal diverting the wafers of the Mor
mon Slough into the Calaveras River; to the Committee on
Claims.
A bill (S. 6109) for the protection and increase of State game
resources; to the Committee on Forest Reservations and tlie
Protection of Game.
4168
CONGRESSIONAL RECORD— SENATE.
A p r il 2
A bill (S. 6144) granting a pension to Clark W. Hines;
By Mr. BOURNE :
M
A bill (S. 6145) granting a pension to Catherine Burgett;
A bill (8. 6110) to provide for tlie erection of a public build
A bill (S. 6146) granting an increase of pension to Sarah A.
ing on a site already acquired at Roseburg, Oreg.; to tlie Com
Winans\
mittee on Public Buildings and Grounds.
A bill\ S. 6147) granting an increase of pension to Isaac M.
By Mr. RAYNER:
A bill (S. 6111) granting an increase of peitfSon to Emily C. Risley; akd
A bill (I 614S) granting a pension to Josiali C. Ury; to the
Gardiner (with accompanying paper) ; to jtlre Committee on
Committee' ?n Pensions.
Pensions.
By Mr. HEYBURN:
By Mr. JONES:
A bill (S. 0149) granting an increase of pension to Willard M.
of pension to Jacob
A bill (S. 6112) grantin
White (with (tocompanying papers) ; to the Committee on Pen’
Roberts;
\
A bill (S. 6113) granting an incr Se of pension to Martin B. sions.
RECfcNTS OF S M IT H S O N IA N IN S T IT U T IO N .
Richardson;
\
Mr. LODGE, d introduce a joint resolution and ask unan
A bill (S. 6114) granting an injj^ase of pension to Samuel E.
imous consent foiYits present consideration.
Prather;
j
The joint resolution (S. J. Res. 94) providing for the filling of
A bill (S. 6115) grantiilg. a, ncrease of pension to Benjamin
a vacancy in the Bfeard of Regents of the Smithsonian Institu
F. Miller;
increase of pension to Frankie tion, in the class otBer than Members of Congress, was read the
A bill (S. 6116) grantii^
first time by its title\md the second time at length, as follows:
E. Bedell;
R esolved , etc ., That \be vacancy in the Board of Regents of the
A bill (S. 6117) granting a p in ion to Emily J. Chambers;
Smithsonian Institutional the class other than Members of CongrC
Ss
and
caused by the resignation^of .lames B. Angell, of Michigan, be filled bv
of pension to Albert M. the appointment of Chari® W. Fairbanks, of Indiana.
A bill (S. 6118) g ra tin g an incref
Belcher; to the Comlplttee on Pension
The VICE PRESIDENT. Is there objection to the present
By Mr. BRADL
consideration of the join\resolution?
A bill ( S. 6119^|ranting an increase of ?nsion to Robert H.
By unanimous consenuithe Senate, as in Committee of the
Overley (with accompanying papers) ; and
Whole, proceeded to consider the joint resolution.
A bill (S. 6120) granting an increase of pS^sion to Samuel
The joint resolution w%s reported to the Senate without
P. Murrell (\yfth accompanying papers) ; to tlie^Committee on amendment, ordered to be tgugrossed for a third reading, read
Pensions.
the third time, and passed. \
By Mr. Dfr PONT
Mr. LODGE. I ask thatlthe accompanying letter from the
A bill (#16121) granting an increase of pension to’Hjary L. Secretary of the Smithsonianfeinstitution may be printed in the
Wilson; iff the Committee on Pensions.
R ecord.
\
By Mgr LODGE:
The VICE PRESIDENT. Without objection, the letter re
A bil|^(S. 6122) granting an increase of pension to John Bow ferred to will be printed in th<%Ri;coRD.
man (jvith accompanying paper) ; to the Committee on Pensions.
The letter is as follows;
ByjMr. NIXON:
^ S m it h so n ia n I n stitu t io n ,
TTam ington, U. S. A ., M arch 27, 1912.
AAiill (S. 6123) granting an increase of pension to Ada P.
The Hon. .T es S. S h er m an ,
am
^
Armstrong; to the Committee on Pensions,
V ice P resid en t o f the U nited Stalks,
fty Mr. OWEN:
W ashim nton, D . C.
A bill (S. 6124) to provide for the purchase of the coal and
Sir : I have the honor to inform y «i that a vacancy exists in the
asphalt deposits belonging to the Choctaw and Chickasaw Tribes Board of Regents of the Smithsonian Institution, in the class other than
Members of Congress, caused by the resBknation of Dr. James B. Angell,
of Indians by the Government of the United States, and for a citizen of Michigan, who was appointed under joint resolution of Con
other purposes;
gress approved February 9, 1911.
|
__
Very respectfully, yours,
% C h a r l e s D. W a l c o t t ,
A bill (S. 6125) permitting lands in the State of Oklahoma
m
S ecretary.
subject to restrictions to be taxed under the laws of Oklahoma
A M E N D M E N TS TO RIVER AND HARDO® BILE ( H . R- 21477).
for road improvements; and
A bill (S. 6126) for the purpose of removing restrictions on
Mr. GAMBLE, submitted an amendment proposing to appro
encumbrance and alienation of allotted lands within the Chero priate $10,000 for improving Lake Trayferse, Minn, and S. Dak.,
kee Nation; to the Committee on Indian Affairs.
etc., intended to be proposed by him t% the river and harborBy Mr. CURTIS:
appropriation bill, which was referred&to the Committee on
A bill (S. 6127) for the relief of C. E. Moore; to the Com Commerce and ordered to be printed.
%
mittee on Post Offices and Post Roads.
Mr. BRYAN (for Mr. F l e t c h e r ) submitted an amendment
A bill (S. 612S) to correct the military record of H. S. Har- proposing to appropriate $100,000 for delbening and widening
ring U-nnd
the main ship channel at the entrance an(feat Triangle Shoals
A bill (S. 6129) to correct the military record of William Key West, Fla., intended to be proposed by &m to the river and
II. Cooftgr (with accompanying paper) ; to the Committee on harbor appropriation bill, which was referred to the Committee
Military 'Affairs.
on Commerce and ordered to be printed.
%
A bill p . 6130) granting an increase of pension to George
§>
He also (for Mr. F l e t c h e r ) submitted arfeamendment pro
Stamm (with accompanying paper) ;
posing to increase tlie appropriation for improving Mystic
A bill (^43131) granting an increase of pension to I. M. River, Conn., from $3,500 to $4,500, intended tifcbe proposed by
Brandon (with accompanying papers) ;
him to the river and harbor appropriation billVwhicli was re
A bill (S. 6132) granting an increase of pension to John D. ferred to the Committee on Commerce and Wrdered to be
Kirkpatrick (with accompanying papers) ;
printed.
\
A bill (S. 6133) granting an increase of pension to Job Knight
Mr. JONES submitted an amendment relativefeto the con
(with accom panying^per) ;
struction of a waterway connecting Similk Bay %ith Padilla
A bill ( S. 6134) graming an increase of pension to George W. Bay, Wash., intended to be proposed by him to th\ river and
Klise (with accompanying papers) ;
harbor appropriation- bill, which was referred to the^ominittee
A bill (S. 6135) granirug an increase of pension to Lemuel on Commerce and ordered to be printed.
Abbott (with accompanying^jpapers) y
He also submitted an amendment relative to the survey of
A bill (S. 6136) granting%n increase of pension to A. S. the Columbia River between Vancouver and the moutl&of the
Bouden (with accompanying pagers) ;
Willamette River, Wash., etc., intended to be proposed V him
A bill (S. 6137) granting a pennon to Reason Walker (with to the river and harbor appropriation bill, which was re\rred
accompanying papers) ;
\
to the Committee on Commerce and ordered to be printed. \
A bill (S. 613S) granting a pcniSjLyn to Chauncy S. Pratt
He also submitted an amendment relative to the survey of
(with accompanying papers) ;
the Columbia River from and through Rickey and Grand Rap
A bill (S. 6139) granting an increasigsgf pension to F. M. ids, etc., intended to be proposed by him to the river and harbor
Oldredge (with accompanying papers) ;
appropriation bill, which was referred to the Committee on
A bill (S. 6140) granting a pension to Gebtege E. McCumber Commerce and ordered to be printed.
v
(with accompanying papers) ;
-<k
|
He also submitted an amendment relative to the survey of
A bill (S. 6141) granting an increase of p e n c il to Joseph Nasel, North, and other streams entering Willapa Harbor, etc.,
McMullen;
intended to be proposed by him to the river and harbor appro
A bill (S. 6142) granting an increase of pension to'^porge R. priation bill, which was referred to the Committee on Commerce
Baucous;
4k
3
and ordered to be printed.
A bill (S 0143) granting an increase of pension tl&John
He also submitted an amendment proposing to increase the
McFadden;
appropriation for improving the Columbia River between
1912.
CONGRESSIONAL RECORD— SENATE.
4169
Bridgeport and Kettle Falls, Wash., from $25,000 to $50,000, intended to be proposed by him to the river and harbor appro
intended to be proposed by him to the river and harbor appro priation bill, which was inferred to the Committee on Com
priation bill, which was referred to the Committee on Commerce merce and ordered to be printed.
Rod ordered to be printed.
He also submitted an amendment relative to the appointment
He also submitted an amendment relative to the modification of a board of five engineer officers to examine Port Aransas
or relocation of any navigable channels in Padilla Bay neces (Aransas Pass and the Harbor Island Basin), Tex., etc., in
sary in connection with the reclamation of tide lands in that tended to be proposed by him to the river and harbor appropria
bay, etc., intended to be proposed by him to the river and harbor tion bill, which was referred to the Committee on Commerce
appropriation bill, which was referred to the Committee on and ordered to be printed.
Commerce and ordered to he printed.
A M E N D M E N T S TO A P PR O P R IA T IO N B IL L S.
Mr. PENROSE submitted an amendment proposing to appro
Mr. PERCY submitted an amendment proposing to increase
priate $1,000,000 for materials and work necessary for the im the appropriation for drainage investigations from $96,700 to
provement of the Delaware River, Pennsylvania, New Jersey, $250,000, intended to be proposed by him to the agricultural
Bela ware, etc., intended to be proposed by him, to the river and appropriation bill (H. R. 18960),. which was referred to the
harbor appropriation bill, which was referred to the Committee Committee C Agriculture and Forestry a n d ' ordered to be
m
Commerce and ordered to be printed.
printed.
\
Mr. RAYNER submitted an amendment relative to the im
He also submitted an amendment proposing to increase the
provement of the channel of Cabin Branch' and Curtis Creek, appropriation ifor the study and demonstration of the best
Anno Arundel County, Md., etc., intended to "be proposed by him methods o f meeting the ravages o f the cottpii-boll weevil from
to the river and harbor appropriation bill) which was referred $332,960 to $382,980, intended to be proposed by him to the
to the Committee on Commerce and ordered to be printed.
agricultural appropriation bill (II. R. 18960), which was re
He also submitted an amendment relative to the survey.of a ferred to the Coiumiittee on Agriculture and Forestry and or
channel off Pooles Island, Chesapeake &ay, Md., etc., intended dered to be printed).
to be proposed by him to the river aJd harbor appropriation
Mr. JONES submitted an amendment proposing to appropriate
bill, which was referred to the Committee on Commerce and $25,750 for the purchase of lands necessary and suitable for a
ordered to be printed.
/
target range for Vancouver Barracks, Wash., intended to be
Mr. SMITH of Michigan submitted an amendment proposing proposed by him to the sundry civil Appropriation bill, which
t° appropriate $156,000 for improving the harbor at Manistee, was referred to the Committee on Military Affairs and ordered
Mich., etc., intended to be proposal by him to the river and to be printed.
%
$
harbor appropriation bill, which wrts referred to the Committee
He also submitted art amendment proposing to increase the
°R Commerce and ordered to be printed.
appropriation for the extension and maintenance of the irriga
He also submitted an amendment proposing to appropriate tion sj^stem on lands allotted to the Yakima Indians in Wash
$30,000 for the improvement an# maintenance of the harbor at ington from $15,000 to $75,000, intended to be proposed by him
Arcadia, Mich.,' etc., intended tofbe proposed by him to the river to the Indian appropraition bill (H. R. 20728), which was re
and harbor appropriation bill, .'which was referred to the Com ferred to the Committee on Indian Affairs and ordered to be
mittee on Commerce and ordered to be printed.
printed.
He also submitted an amendment proposing to appropriate
He also submitted an amendment relative to the appropria
$111,000 to improve the harbor at South Haven, Mich., etc., in tion for the procuring of any., field-artillery material from any
tended to be proposed by him to the river and harbor appro person, firm, or corporation rtthich has not at the time of the
priation bill, which wsfrt referred to the Committee on Commerce commencement and during the prosecution of the work on said
and ordered to be printed. field-artillery material established an eight-hour workday for
He also submitted an amendment proposing to appropriate all employees, laborers, and mechanics engaged by them, etc.,
$850,000 to improve the harbor at Manistee, Mich., intended to intended to be proposed by him tft the Army appropriation bill
be proposed by him to this river and harbor appropriation bill, (II. It. 1S956), which was ordered^ to lie on the table and be
which was referred to the'Committee on Commerce and ordered printed.
\
to be printed.
He also submitted an amendmentVelative to the appropria
Mr. BOURNE submitted an amendment providing for the tion for the purchase or m anufactureW ordnance stores to fill
economical future development of water power, etc., intended requisitions of troops as can be maniftactured at Government
to be proposed by him to the river and harbor appropriation arsenals, etc., intended to be proposed b^ him to the Army ap
hill, which was referred to the Committee on Commerce and propriation bill (II. It. 18956), which w
art>5ordered to lie on the
ordered to be printed!'
table and be printed.
%
He also submitted?an amendment proposing to appropriate
He also submitted an amendment relative to the appropria
$75,000 for improving Nehalem Bar and entrance to Nehalem tion for the purchase; or manufacture of any\utomatic machine
Bay, Oreg., etc., intended to be proposed by him to the river rifles made; at Government arsenals, etc., intended to be pro
RRd harbor appropriation bill, which was referred to the Com posed by Lim to the Army appropriation bilr-MH. It. 18956),
mittee on Commerce and ordered to be printed.
which was ordered to lie on the table and be printed.
He also submitted an amendment proposing to appropriate
lie also submitted an amendment proposing & incre se the
$300,000 for improving the Columbia River between the foot of appropriation for Investigations of methods for V ood distilla
The Dalles R a J d s and the head of Celilo Falls, Oreg. and tion and for the preservative treatment of timb®, etc., from
M ash., etc., intended to be proposed by him to the river and har $165,000 to $175,000, intended to be proposed by yhim to the
bor appropriation bill, which was referred to the Committee on agricultural appropriation bill (II. R. 18960), which was re
ferred to the Committee on Agriculture and Forestry and or
Commerce amkfordered to be printed.
He also submitted an amendment relative to the improvement dered to be printed.
Mr. NELSON submitted an amendment proposing \to appro
Yaquina Way and Bar Entrance and I’ort Orford Harbor,
Oreg., etc., mtended to be proposed by him to the river and priate $2,220 for salary o f compiler of Navy Yea: book and
harbor appropriation bill, which was referred to the Committee Senate report on river and harbor bill, etc., intended tp be pro
posed by him to the legislative, etc., appropriation bill, which
0,1 bommeree and ordered to be printed.
He alsojsubmitted an amendment proposing to appropriate was referred to the Committee on Appropriations and ordered
$B••5,000 Id improve the Columbia and Dower Willamette Rivers to be printed.
Mr. PERKINS submitted an amendment proposing to appro
below Portland, Oreg., etc., intended to be proposed by him to
the riveidand harbor appropriation hill, which was referred to priate $60,000 for special mail facilities from the United States
naval station at Pago Pago, island of Tutuila, via Honolulu,
the Conunittee on Commerce and ordered to be printed.
He alsfo submitted an amendment relative to the improvement to San Francisco, etc., intended to be proposed by him to the
°b Tillamook Bay and Bar, Oreg., etc., intended to be proposed post-office appropriation bill (II. R. 21279), which was referred
by him to the river and harbor appropriation bill, which was to tliti'Committee on Post Offices and Post Roads and ordered
referred to the Committee on Commerce and ordered to be to be printed.
Mr. OWEN submitted an amendment proposing to pay the
minted.*
< hie also submitted an amendment proposing to appropriate# legal representatives of John W. Noble and R. V. Belt $3,569.95 E
vU OO for the maintenance of Tillamook Bar and Bay, Oreg.,J for legal services rendered to and expenses incurred on behalf
.O
etc., intended to be proposed by him to the river and harbor; o f the members of the Lyman family, Osage allottees, etc.,
appropriation bill, which was referred to the Committee on intended to be proposed by him to the Indian appropriation
bill (H. R. 20728), which was referred to the Committee on
Commerce and ordered to be printed.
Mr. CULBERSON submitted an amendment proposing toy Indian Affairs and ordered to be printed,
Mr. CULBERSON re m itte d ; an amendment proposing to in
change the route of the channel from Aransas Pass to Pass
Cavallo so as to pass by the town o f Port O’Connor, Tex., etc., crease the appropriation for investigation and improvement of
X LV III
-262
CONGRESSIONAL RECORD— SENATE.
4170
sugar-producing plants, etc., from $30,795 to $40,795, etc., in
tended to be proposed by him to the agricultural appropriation
bill (H. R. 1S9G0), which was referred to the Committee on
Agriculture and Forestry and ordered to be printed.
;;
W ATERSH ED S OF NAVIGABLE STRE AM S.
V
A pr il 2
ment for the information of the Senate and referred to th
Committee on Indian Affairs.
e
The motion was agreed to.
IOW A INDIANS IN O KLAH OM A (S . DOC. NO. 4 8 G ).
Mr. OWEN. I present the petition of members of the low
?tTribe of Indians in Oklahoma relative to the payment for (.P a
tain Indian reservation lands ceded to the United States by t]1
\
treaty with these Indians. I move that tbe petition be print
as a document and referred to the Committee on Indian Affair
The motion was agreed to.
1 S
-
MV. GALLINGER submitted an amendment relative to the
carrying out of the purposes mentioned in section 3 of the act
of MArch 1, 1911, entitled “An act to enable any State to co
operate with any other State or States or with the United
S ta te s fo r the protection of the watersheds of navigable
streamy” etc., intended to be proposed by him to the agricul
BROTHERHOOD OF NORTH AMERICAN IND IAN S (S . DOC. NO. 4 3 9 )
tural appropriation bill (H. R. 1S960), which was referred to
the Committee on Agriculture and Forestry and ordered to be
Mr. OWEN. I present a memorial of the Brotherhood
printed. ,
North American Indians remonstrating against the reimburs
CLERKS OF DISTRICT COURTS.
ment of money appropriated for tbe benefit of Indian tribes , ]°!
9
i
Mr. FLETCHER submitted an amendment intended to be praying for the right of representation and of self-governirtG t
proposed by him to the bill (H. R. 2122G) relating to compensa by the Indian people. I move that the memorial be printed lS
tion of clerks of United States district courts, which was a document and referred to the Committee on Indian Affairs *
The motion was agreed to.
referred to the Committee on the Judiciary and ordered to be
printed.
PROTECTION OF |
LEVEES Q f
IM' ‘ ( H - DOC. N o. f>><p
>)
T H E SUGAR SCHEDULE.
Mr. CURTIS submitted an amendment intended to be proposed
by him to the bill (II. It. 21213) to amend an act entitled “An
act to provide revenue, equalize duties, and encourage the in
dustries of the United States, and for other purposes,” approved
August 5, 1909, which was referred to the Committee on Finance
and ordered to be printed.
Mr. BRISTOW submitted an amendment intended to be pro
posed by him to the ^ill (II. R. 21213) to amend an act entitled
“An act to provide revenue, equalize duties, and encourage the
industries of the United States, and for other purposes,” ap
proved August 5, 1909) which was referred to the Committee
on Finance and ordered to be printed.
SENATOR FROM\ i LLIN O IS ( S . DOC. NO. 4 8 4 ) .
Mr. DILLINGHAM submitted the following resolution (S.
Res. 273) which was read,,. considered by unanimous consent,
and agreed to:
R evolved , That the hearings held before the committee of the Senate
to investigate the election of W il l ia m L orimer as a Senator from the
State of Illinois, together with the Digest Index, he printed as a
Senate document.
LAND AT M AGDALENA B A Y .
Mr. LODGE submitted the following resolution (S. Res. 272)
which was read, considered by unanimous consent, and agreed
to:
•
R esolv ed , That the President is respectfully requested, if not incom
patible with the public interest, to transmit to the Senate any informa
tion in possession of the Government relating to the purchase of land
at Magdalena Bay by the Japanese Government or by a Japanese com
pany.
T H E Y E LL O W S T O N E N A T IO N A L P A R K .
Mr. IIEYBURN submitted tbe following resolution (S. Res.
275) which was read, considered by unanimous consent, and
agreed t o :
\
R esolved , That the Secretary of War he, and‘ is hereby, directed to
submit to the Senate as early as practicable an estimate of the cost of
construction of new roads or changes in the presenftroads in the Yellow
stone National Park in order to permit of the use'^of automobiles and
motor cycles therein without interfering witli the present mode of travel
in vehicles drawn by horses or other animals.
EM PLOYEES OF COM M ON CARRIERS.'?.
Mr. NELSON submitted tlie following resolution, which was
read, considered by unanimous consent, and agreed t o :
R esolved , That the Committee on the Judiciary be, arid it is hereby,
authorized to have printed for its use 5,000 copies of the hearings held
March 26 before the subcommittees of the Committees on the Judiciary of
the Senate and House of Representatives relative to the?: hills to pro
vide an exclusive remedy and compensation for accidental injuries re
sulting in disability or death to employees of common carriers, etc.
IN T E R STA TE S H IP M E N T S OF IN T O X IC A T IN G LIQUORS ( S . DOq. NO. 4 S 8 ) .
Mr. GRONNA. For the junior Senator from Iowa [Mr.
I present tbe argument of Fred S. Caldwell, former
State enforcement attorney of Oklahoma, Oklahoma City, Okla.,
in favor of the Kenyon and McCumber bills relating to the
interstate shipments of intoxicating liquors. The argument is
taken from hearings lu^d,
Committee on the Judi
ciary. I move that it be
uuB€my,,l,T
*
Tbe motion was agreed to.
K enyon]
The VICE PRESIDENT laid before the Senate the followir
message from the President of the United States, which w ^
read:
/ as
To the Senate and House of Representatives:
I am advised by the Secretary of War, whose report/! trails
mit herewith, that the flood in the Mississippi Valley, by rea
of the rise in all of the rivers tributary to tbe M ississip p i
Missouri at nearly tbe same time, is likely in the IcAver part f
the valley— that is, Missouri, Kentucky, Arkansas, Tennesse.
Mississippi, and Louisiana—to reach a higher mfint alon« th°)
levees than it has ever reached within recent memory, ancf thn^
there is very .grave danger that the levees may "give way undo^
this unusual pressure and that great damage quay be done /
property in tile States mentioned, requiring, unless promnr
action is taken,Vreat future outlay in preserving the proper
navigation of the\streams.
These levees contribute not only to the'safety of the adjoining
agricultural lands rood settlements, but are also a part of the
great governmental projects for the maintenance of navigation
in the lower waters oiVbe Mississippi.
It seems proper, theiVfore. that the Government should take
immediate action to ma\? the loss impending as little as pog.
sible. In view of the chiwacter of the emergency and the safe
guards surrounding expenditures made under the Corps of Engi
neers, I have no hesitatioi\in asking for an appropriation of
$500,000 as recommended by Vie Secretary of War.
I urgently recommend an \nmedihte appropriation, so that
no time may be lost in takinsVthq/necessary steps to prevent
wbat but for governmental act\iy may be a loss not only 0f
many millions, but of lives as w e\
j\
W m . H. T aft
T he W hite H ouse, April 2, W lr
Tbe VICE PRESIDENT. Tbe message will be printed and
referred to tbe Committee on jCommelfee.
1 u
Mr. WARREN. Mr. President, I tMnk the message should
be referred to tbe Committee on Appropriations.
Tbe VICE PRESIDENT. The ChairUiesitated whether
not it should be referred to the Commit
on Appropriations
or to tbe Committee on Commerce.
%
Mr. WARREN. I think it should go tc%he Committee on
Appropriations, not only in itself, but I am Vform etl there is
danger in the upper country along tlie Missoni^ and that othe •
matters of this kind will be presented perha^g to-day or to1
'
morrow. Therefore I suggest that it be referred%> the Commit'
tee on Appropriations.
The VICE PRESIDENT. Without objection, ro^rence will
be changed, and the message will be referred to the\ommittee
on Appropriations and printed.
*
e
APPRAISAL OF UNALLOTTED INDIAN LANDS.
The VICE PRESIDENT laid before the Senate the anWnd
ment of the House of Representatives to the bill (S. 405)
thorizing the Secretary of the Interior to classify and annrni
unallotted Indian lands.
,
Mr. GAMBLE. I move that the Senate nonconcur in the
amendment of the House of Representatives, request a confer
ence with the House on the disagreeing votes of the two Houses
OSAGE IN D IA N LAND S ( S . DOC. NO. 4 8 7 ) .
thereon, the conferees on the part of the Senate to be appointed
Mr. OWEN. I present resolutions adopted by members of the by the Chair.
Osage tribal council of tlie Osage Indians of Oklahoma relative
The motion was agreed to, and the Vice President appointed
to tbe right to grant leases for mining purposes on certain Osage Mr. Gamble, Mr. McCumber, and Mr. S to n e conferees on
Indian lands. I move that the resolutions be printed as a docu part o f the Senate.
Iue
1912
CONGRESSIONAL RECORD— SENATE.
4181
of Congress ” ; and on page 49, line 1, after the words “ in the,”
to insert “ Library o f Congress and,” so as to make the section
read :
all postmasters in the United States to receive#opular subscriptions for
the daily C o n g r e s s i o n a l R e c o r d at the aforesaid terms per year, and
report all such subscriptions and accounttPror and pav the amount
received therefor to the Public Printer.
*
Sec. 48. The Public Printer shall bind five sets of Senate and House
bills and simple, concurrent, and joint resolutions of each Congress,
two, each, for the Senate and House, respectively, and one for the
Library of Congress, to he furnished him from the files of the Senate
and House document rooms, the volumes when bound to be kept in the
Library of Congress and document room of each House for reference.
Mr. SMOOT. Mr. President, I
ould like to have these
amendments go over and be cons ’ered to-morrow. I do not
wish to discuss them at this ti
but would prefer to have
them passed over for the pres
Mr. PIEYBURN. After theJEmendments are in the R ecord
they may go over, so far as$t am concerned, until to-morrow.
I want to get them in the R ecord.
The VICE P R E S ID E N T / The amendments will go over until
to-morrow, and be consit^red pending then, or when the bill is
next taken up.
The reading of the hill was resumed.
The next amendm®t o f the Committee on Printing was, in
section 68, paragraph' 4, page 82, line 16, after the word “ that,”
to strike out “ the^same shall be printed uniform with the pre
ceding volumes gp the series, and that,” so as to read :
The amendment was agreed to.
Mr. *HEYBURN. Mr. President, I desire to ask the Senator
having charge of the bill whether or not on page 50, section 49,
paragraph 4, in lines 3.0 and 17, the words “ Provided, That the
provisions o f this paragraph shall not apply to bills, resolutions,
or committee reports ” would prevent the printing o f committee
reports on the order of the chairman of a committee as we are
in the habit of doing now?
Mr. SMOOT. It will not, Mr. President. The section pro
vides as to committee hearings that 1,000 copies may be printed
just as is provided in the existing law.
Mr. HEYBUEN. That is as to hearings, but I do not see the
purpose in referring to committee reports. In most of the
committees we are in the habit o f having our reports printed
before they are given out.
Mr. SMOOT. That is the case where the Secretary of the
Senate orders it, and this provision does not apply to that.
Mr. IIEYBURN. N o; the chairman o f the committee now
orders the printing.
Mr. SMOOT. But it is done through the Secretary of the
Senate, and always has been.
Mr. HEYBUIIN. But the Secretary could not prevent the
chairman of the committee having it done.
Mr. SMOOT. No; but that has always been done through
the Secretary. lie can do it under this bill just the same as
under the present law.
Mr. H E Y B U E N . I will reserve the right to call attention j #
it later. It would be a very great inconvenience if the ch ap
men of committees were prevented from ordering the printing
o f reports.
£
Mr. SMOOT. It would; but I will say to the S en ato/th at
under the bill that can be done just as it can be domUunder
the present provisions o f law.
The reading of the bill was resumed.
The next amendment of the Committee on Printing was, on
rinting
page 67, section 65, paragraph 1, line 24, beforer the word
“ copies,” to strike out “ two ” and insert “ tk r e ^ ’ so as to
read :
/
Librarian of Congress, three copies.
The amendment was agreed to.
The next amendment was, in section
75, line 3, after the word “ direct,” to inser
agraph 4, page
To the press galleries of the Senate and the EGSuse, respectively, two
the bound
copies each of the daily R e c o r d and one copy
R
ecord
.
The amendment was agreed to
The next amendment was, in section JS. paragraph 4, page 75,
line 8, after the w ords “ daily R ecord^? to insert
To the undersecretary of state for extgbnal affairs of Canada, in ex
change for a copy of the Parliamentary Hansard, one copy of the daily
e c o r d and one copy of the bound R e g a r d .
R
Mr. SMOOT. Mr. President, J i desire to withdraw that
amendment and w ill offer one #-m orrow morning to take its
place.
J?
The VICE PRESIDENT. Without objection, the amendment
is withdrawn.
f
Mr. IIEYBURN. Mr. P rop dent, the Secretary has read down
to line 14 on page 75, if I a& not mistaken.
The VICE PRESIDENT The Senator is correct.
Mr. IIEYBURN. I se|ftl to the desk certain amendments and
offer them at this pointy'
The VICE PRESIDENT. The Senator from Idaho offers the
amendments, which udll be stated.
The Secretary rea^f as follow s:
(30) Annual Bgfpovt of the Bureau of American Ethnology with its
accompanying papers: P ro v id ed , That not to exceed 3,500 copies are
authorized to b#printed for distribution by the Smithsonian Institution.
The amenpfment was agreed to.
The nexjpimendment was, in section 68, paragraph 4, page 83,
after lineaaO, to insert:
(40) jSnblications of the Bureau of Mines, as provided for in section
71 of tips act.
The amendment was agreed to.
V#. SMOOT. Mr. President, I have a number o f committee
amendments which I expect to offer to-morrow.
$The VICE PRESIDENT. The reading of the bill has not
Iteen concluded.
Mr. SMOOT. I should like to have the reading of the bill
concluded, and reserve the right on behalf of the committee
to present amendments to the bill to-morrow.
The VICE PRESIDENT. The Senator desires that the read
ing o f the bill shall be concluded?
Mr. SMOOT. I ask that the Secretary continue the reading of
the bill. The amendments reported by the committee in print
may be agreed to n o w ; but there are some other amendments
that I desire to offer to-morrow.
The VICE PRESIDENT. Very well.
The reading of the bill was resumed. The next amendment
of the Committee on Printing was, in section 71, page 90, line 22,
after the word “ year,” to insert:
P ro v id ed fu rth e r. That the Secretary of the Treasury is authorized to
print Public Health Reports and Bulletins and extracts therefrom in
such numbers as he may deem for the best interest of the Government.
The amendment was agreed to.
The next amendment was, in section 71, page 93, line 9, after
the words “ Nautical Almanac,” to strike out “ and of the
papers ” and insert “ extracts therefrom, and papers ” ; in line
11, after the word “ thousand,” to strike out “ copies ” and
insert “ 500 copies o f each ” ; and in line 13, after the word
“ distribution,” to strike out “ and sale ” ; so as to read :
(8) American Ephemeris and Nautical Almanac, extracts therefrom,
and papers supplementary thereto : P r o v id e d , That not to exceed 1,500
copies of each are authorized to be printed for distribution by the Navy
Department: P ro v id ed fu r th e r . That the American Ephemeris and
Nautical Almanac shall be published for the third calendar year in
advance.
The amendment was agreed to.
The next amendment was, in section 71, page 97, line 6, after
the word “ edition,” to insert “ of the annual report o f the
director, not to exceed 4,000 copies shall be printed,” so as to
read :
(11) Publications of the Bureau of Mines: P ro v id ed , That said pub
lications shall be published in such editions as may be recommended
by the Secretary of the Interior, but not to exceed 10,000 copies for
the first edition : of the annual report of the director, not to exceed
4,000 copies shall be printed.
The amendment was agreed to.
The next amendment was, in section 72, paragraph 1, page 100,
line 16, after the word “ Government,” to strike out “ except sub
In line 16, thafsame page, strike out the word “ fo u r ” and stitute employees of the postal service or temporary employees
o f the Government whose appointment is for a period of'less
insert the worcyf^ one.”
In line 17, serine page, strike out the words “ one dollar and a than six months, ’ and insert ‘ except as otherwise provided in
h a lf” and insert the words “ 50 cents,” so that the paragraph this section ” ; and on page 103, after line 4, to insert: Provided,
That the Official Register shall not include the names of tem
shall read
The snped&tendent of documents is authorized to furnish to sub porary employees of the Government whose appointment is for
scribers thojnailv C o n g r e s s i o n a l R ecord at $2 for the long session and a period of less than six months, nor shall it contain the names
$1 for theJshort session, or 50 cents per month, payable in advance.
A fter/lie word “ advance,” in lines 17 and 18, page 75, insert of those persons heretofore published in Volume II, relating to
the postal service, namely, postmasters, assistant postmasters,
the foUowing:
Tln/Postmaster General is hereby authorized and directed to make, on clerks in post offices, city and rural carriers, employees of the sea
or bgforc the 1st of July, 1012, such rules and regulations as will enable post service, employees o f the Railway Mail Service, employees
On page 75, linejLS, strike out the w ord “ e ig h t” and insert
the word “ two.” J
r
4182
CONGRESSIONAL RECORD— SENATE.
of the mail messenger service, and mall contractors,” so as to
make the section read:
S e c . 72. P a r . 1. The Director of the Census shall cause to be edited.
Indexed, and published, on or before the first Monday of DecemberJ-in
each year in which a new Congress is to assemble, an official register of
the United States, which shall contain a full and complete list of; all
officers, agents, clerks, and other employees of the Government (otfeept
ns otherwise provided in this section), whose salaries or compensation
are paid from the Treasury of the United States, including military
and naval officers of the United States, cadets, midshipmen, banjf exam
iners, receivers of national banks, and attorneys for receiver^ clerks
employed by such examiners and receivers, or any person ,«mnected
Washwith the work of the office of the Comptroller of the Currene
om the
ington or elsewhere, whose salary or compensation is paij
ted from
Treasury of the United States or assessed against or c
P rovided >
existing or failed banks under their supervision or contr
That the Official Register shall not include the names of J r porary em_
r
riod of less
ployces of the Government whose appointment is for
Persons lierethan six months, nor shall it contain the names of th
ice, namely,
tofove published in Volume IT, relating to the postal
city and rural,
postmasters, assistant postmasters, clerks in post
carriers, employees of the sea post service, employee^ f the Railway
and mail conMail Service, employees of the mail messenger serv'
tractors.
A p r il 2,
tablishment of the Government and for the Weather Bure:
Geological purvey shall be centralized in its respective,
publications^.
"
5
The ameno&ent was agreed to
The next artondinent was, in section S4, '•$0 ' 114, line 19,
after the word ^sgmtract,” to insert “ for a Pw^d not exceeding
four years ” ; in fife? 23, after the word “ bygffito strike out “ his
own or other departments,” and insert
executive depart
ment, independent
or establishniggirof the Government
so as to read:
Sec. 84. The Postmaster^jgeneral
contract, for a period not
exceeding four years, for all^jyelopej
amped or otherwise, designed
for sale to the public, or f o r "
ny executive department, independent office, or establishment
Government, and may contract
for them to be plain or with sue
anted matter as may be prescribed
L therefor.
by the department making reqm
The amendment was ag
The next amendment
o u t:
to:i
on paf CL15, after line 4, to strike
Sec. 85. Hereafter agjFbonds, notes, anakchecks shall be printed
from intaglio plates ojgftresses of such style wfcd character as may be
determined by the Sjgpretary of the Treasury
gpvided, That should
The amendment was agreed to.
the Secretary of
and checks
The next amendment was, in section 72, paragraph 4, page on other presses thgSW'reasury decide to print liorajfe. notes, one-fifth of
jjlan hand-roller presses,- not mol^feihan
103, line 6, before the word “ copies,” to spike out “ fifteen ” the total numbeaSeT hand-roller presses now employeclHB printing such
and insert “ twenty-five,” so as to make thffijparagraph read:
bonds, notes, apT checks shall be displaced in any on^|scal year.
Sec. 72. T a r . 4. Of the Official Register th d m shall bo printed and
The ameypment was agreed to.
bound a sufficient number of copies for the following distribution to be
The reaJJng of the bill was concluded.
made bv the superintendent of documents: .Jp the President of the
United States, 4 copies, 1 copy of which sl)sfil be for the library of
Mr. SjpOOT. Mr. President, I ask that the bill
the Executive Office; to the Vice PresidentAS^ach Senator, Representa
tive, Delegate, and Resident Commissioner, $ copies, to be delivered to tempordfily laid aside.
The VICE PRESIDENT. The Senator from Utah asks' urUk
the document room of the Senate and thepflouse of Representatives,
respectively ; to the Secretary and the Servant at Arms of the Senate imous Consent that the bill be
fide. Withoul
and the Clerk and the Sergeant at Arm&Spf the House of Representa
tives, 1 copy each ; to the library of thqpSenate and House of repre objection, that will be-
sentatives, not to exceed 10 copies each ; to the Department of State, not
F IV E C IV IL IZ E D T R IB E S .
to exceed 100 copies; to the Treasury department, not to exceed 150
copies ; to the War Department, not tepexceed 50 copies ; to the Navy j Mr. OWEN. I am directed by the Committee on Indian AfDepartment, not to exceed 20 copies; raft ho Department of Justice, not
to exceed 30 copies : to the Departm$sft of the Interior, not to exceed ttiirs, to which was referred the bill (S. 4948) to amend an act
200 copies; to the Post Office Deparfcjpmt, not to exceed 100 copies; to Approved May 27, 1908, entitled “An act for the removal of
the Department of Agriculture, not <»'exceed 25 copies; to the Depart Jrestrictions from part of the lands of allottees of the Five
ment of Commerce and Labor, not W exceed 150 copies ; to the Smith
sonian Institution, 4 copies; to Jtio Government Printing Office, 4 JfCivilized Tribes, and for other purposes,” to report it without
copies; to the Interstate Common C om m ission , 2 co p ie s; to the C iv il 1 amendment. I submit a report (No. 5 4 8 ) thereon. I ask unani,
Service Commission, 4 copies; to.;- . Com m issioncrs o f the D istrict o f « imous consent for the present consideration of the bill.
Columbia, 1 copy each; to the giblic Library of the District of Coj
The VICE PRESIDENT. The Secretary will read the bill
scan Union, 2 copies.
lumbia, 2 copies; to the Tan A
to.
The amendment was agr
in section 73, page 103, line IK
The next amendment wi
ourt,” to strike out “ and the
after the words “ Suprem
Supreme Court ” and insert “ tab
gests of the reports of t
Federal Reporter, and digests thereof ” ; in line 19, after tfje
t “ section 683 of the Revised Stij§word “ under,” to strike
tory thereof ” and insert “ sections
utes and the acts ame:
227 and 229, respective! of the judiciary act, approved Marbh
3, 1911 ” ; in line 25, £ r the words “ by the,” to strike o^t
“ Secretary of the Interior and insert “Attorney General '§£
after the word “ courts,” to insert “ an®
and on page 104, line
make the section read:
digests thereof,” so £
Sec. 73. The superiffi sident of documents shall hereafter distribu®
e
the reports of the SuJ fem Court, the Federal Reporter, and digesp
thereof, to such official as are entitled to receive them under sectio'
227 and 229, respecti^Ky, of the judiciary act approved March 3, 191%
and the superintendent of documents shall exercise all the functions
heretofore exercised m the Attorney General in the distribution of sq®3
reports and digests : Jjj&ovided, That the reports of United States couks
and digests thereof spall not be distributed under section 65 of this gift.
The amendmenwwas agreed to.
The next amendment was, in section 80, paragraph 1, pg§e
111, line 3 3 , af|K* the words “ Weather Bureau,” to instpE:
“ and one in tli$ Geological Survey; Provided further, T^at
nothing in this section shall be held to apply to the printing f^id
distribution of JgFders, circulars, and blank forms for the Army,
the Navy, or die Marine Corps; Provided further, That any
executive department, independent office, or establishment; of
the Government may sell or make free distribution of its pub
lications in accordance with the provisions of this act, uifless
other-wise provided by law,” so as to make the paragraph read:
Sec. 80. Par^I. There shall be established in the office, and under
the immediate-control of the head of every executive department,'inde
pendent office^ and establishment of the Government, a division of
publications : -4
provided, That there shall be a division of publications
in the Weatisrr Bureau, and one in the Geological Survey: P rd vM ed
fu rth er, Tha^ nothing in this section shall be held to apply t® the
printing andfdistribution of orders, circulars, and blank forms fojf the
Army, "the Navy, or the Marine Corps: P rovid ed fu rth er, That*any
executive department, independent office, or establishment of theSfiovernment
sell or make free distribution of its publications
ac
cordance vejth the provisions of this act, unless otherwise provide^ by
law.
The amendment was agreed to.
The next amendment was, in section 80, paragraph 2, page
111, line' 24, after the words “ Weather Bureau,” to insert “ and
Geological Survey ” ; so as to read :
for the information of the Senate.
The Secretary read the bill.
The VICE PRESIDENT. Is there objection to the present
consideration of the bill?
Mr. SMOOT. Mr. President, I should like to ask the Senator
if the hill is reported unanimously by the committee?
Mr. OWEN. Yes; it is a unanimous report from the commit
tee. The Senator from Kansas [Mr. C u r t is ] reserved the right
to raise a question with regard to it, provided there was no
report from the Interior Department with regard to the case of
Harris v. Gale, which was passed on by the District Court for
the Eastern District of Oklahoma.
The purpose of the bill I will explain to the Senate. Con
gress in the act of 190S provided, in section 9:
That the death of any allottee of the Five Civilized Tribes shall
operate to remove all restrictions from the alienation of said allottee’s
land : P rovid ed , That no conveyance of any interest of any full-blood
Indian heir in such land shall be valid unless approved by the court
having jurisdiction of the settlement of the estate of such deceased
allottee.
The previous act of 1906, two years before, had allowed fullblood heirs to sell their land with the approval of the Secretary.
The act of 190S leaves it “ subject to the approval of the probate
court.” The Federal court in Oklahoma and the State Supreme
Court of Oklahoma have held that tiie act of Congress of 1908,
the last act, intended to make no discrimination as to -whether
an allottee died prior to May 27, 1908, or subsequent to that
time. The question has been settled in the case of Harris v.
Gale, before Judge Campbell’s court. In the report there is an
extract from Judge Campbell’s report as follows:
There being no conceivable reason why Congress should have intended
to distinguish between conveyances by full-blood heirs of inherited
lands made subsequent to the act of May 27, 1908, where the ancestor
died prior to that date and where the ancestor died subsequent to that
date, and the language of the act itself not so clearly evincing such an
intention as to preclude the contrary construction, it is decided that by
the said act any full-blood Indian heir of any deceased allottee of the
Five Civilized Tribes is authorized to convey any interest in the lands
inherited by him from such deceased allottee upon approval thereof by
the court having jurisdiction of the settlement of the estate of such
deceased allottee, whether such death occurred before or after May 27
1908, and the approval of such conveyance by the Secretary of the
Interior is not required. Of course, in cases where such heir is a
minor, the procedure to secure the necessary order and approval of
the court must be as in cases of other minors.
There was an opinion of an Attorney General some time ago
which was at variance with the decision o f the courts. The
Sec. 80. P ar . 2. All printing and binding and the distribution >5of purpose of this bill is to remove the possibility of a cloud be
publications fo r every executive department, independent office, or %- cause of that opinion of the Attorney General.
CONGRESSIONAL RECORD— SENATE.
1912.
Mr. SMOOT. Mr. President, tlie senior Senator from Kansas
[Mr. C u r t i s ] , before leaving the Chamber, asked if there was
going to be any business outside of the consideration of the
printing bill, and I told him I knew o f none. He said that if
not he had some pressing business at his office that he would
like to attend to, and he would leave. I will ask the Sen
ator-----Mr. OWEN. I have no objection to its going over, if the
Senator thinks that course would be better.
Mr. SMOOT. I was going to say that if the Senator has no
objection, on that account and that only, I will ask that it go
over.
Mr. OWEN. I have no objection to its going over.
The VICE PRESIDENT. The bill will go to the calendar.
Mr. GALLINGER. I move that the Senate now proceed to
the consideration o f executive business.
Mr. DU PONT. I will ask the Senator from New Hampshire
if he will withhold his motion for a minute.
Mr. GALLINGER. Very well.
T.
H A IN E S .
Mr. DU PONT. I ask unanimous consent to call up the bill
(S. 4778) to correct the military record o f John T. Haines.
ThesVlCE PRESIDENT. The Senator from Delaware asks
unanimous consent for the present consideration o f a bill which
the SecreVary will read.
The Secretary read the bill, as follow s:
B e i t c n a c t e \ e t c ., That John T. Haines, deceased, who was a captain
In the Eleventh; Regiment United States Cavalry, and who was nomi
nated by the President for appointment as major of Cavalry to rank
from the 3d day"tof March, 1911, said nomination being confirmed by
the Senate after Ihe death of said Haines, which occurred after his
nomination, shall Hereafter be held and considered to have become a
major of Cavalry in ihe service of the United States on the 3d day of
March, 1911, and toTUave held that office until the date of his deatli;
and the President is hereby authorized to issue a commission as major
of Cavalry in the name of John T. Haines with i-ank to 'date from
March 3, 1911.
Ik
The VICE PRESIDENT. I s there objection to ,-the present
consideration o f the bilY?
Mr. SMOOT. I should like to ask the Senator to explain the
bill.
Mr. DU PONT. I can do so best by reading tMo report, which
I will proceed to do, if that will be agreeable to the Senator
from U tah:
Capt. John T. Haines, Eleventh Cavalry, because entitled to promo
tion to the grade of major front March 3, 1911,Tas the result of the
provisions of the Army appropriation act approved that date; he passed
the prescribed examination for promotion April 6. 1911 ; was nominated
to the Senate by the' President on May 4, 1914:* for the promotion, and
the nomination was confirmed by -the Senatgj^May 15, 1911. In the
meantime his death occurred May I t , 1911. M
In view of the facts as above stated, Capt/lHaines having served as a
captain through the years necessary t< secure his majority, and his fail
J
ure of confirmation as a major being due t o the delay of the Senate to
act upon his nomination, your commlpje reports the bill favorably,
With the recommendation that it be pasjed.
Indorsement of the Secretary of War ah this bill is as follows :
t
W
ar
D
epartm en t
,
W i& h in g to n , F e b r u a r y 3, 1912.
Respectfully returned to the chairman Committee on Military Affairs,
United States Senate, inviting attention to the inclosed statement of The
Adjutant General with reference to* the casdAof Capt. John T. Haines.
It is recommended that this bill receive favorable consideration.
JpH. L. St im $on, S e c r e ta r y o f W a r .
M r.‘ SMOOT. That is sufj^ient. I withdraw the objection.
The VICE PRESIDENTS Is there objection to the present
consideration of the bill ? M
\
There being no objection, the bill was considered as in Com
mittee of the Whole. J '
The bill was reported to the Senate witflbut amendment,
ordered to be engrossed for a third reading, react the third time,
und passed.
/
LLOYD L. R. K R E B S.
\
Mr. DU PONT.^-'I ask unanimous consent to call up the bill
(S. 1337) authorizing the President to nominate and, by and
with the advice mnd consent o f the Senate, appoint %J.oyd L. R.
Krebs, late a c«ptain in the Medical Corps of the United States
Army, a major in the Medical Corps on the retiredilist, and
increasing the retired list by one for the purposes o f t&s act.
The VICE PRESIDENT. The bill will be read for\the in
formation o f the Senate.
The Secretary read the bill.
.
The VICE PRESIDENT. Is there objection to the present
consideration of the bill?
Mr. GALLINGER. This is a pretty serious matter, increas
ing the retired list by a special act. In glancing at the report,
I find it says:
Capt. Krebs failed in his examination for promotion. He .did not
make the required general average in his professional examination, and
his general efficiency, as established by his work in the Army, was very
unsatisfactory.
4183
Mr. DU PONT. At the request o f the Senator from Utah
[Mr. S m o o t ] , I w ill le t th e b ill go over.
Mr. GALLINGER. All right.
The VICE PRESIDENT. The Senator from Delaware with
draws his request.
ESTATE OF T. B. COWAN AND OTHERS.
Mr. GALLINGER. I yield to the Senator from Louisiana
[Mr. T h o r n t o n ].
Mr. THORNTON. I ask for the present consideration o§$Ehe
bill (S. 4G61) for the relief of the estate of T. B. Cowan-and
others.
"
~
The VICE PRESIDENT. The bill will be read for the in
formation o f the Senate.
The Secretary read the bill.
The VICE PRESIDENT. Is there objection to the present
consideration o f The bill?
Mr. HEYBUR&. I ask that it may go over.
/
The VICE PRESIDENT. Objection is made to the present
consideration of ttie bill. Tbe Senate will receive a message
from the House o f Representatives.
M
M ESSAGE
FROM
THE
H O U S E .-
»
Jr
A message from the House of Representatives, by D. K.
Hempstead, its enrolling clerk, announced,that the House had
passed a bill (H. R. 22772) appropriating, $350,000 for the pur
pose of maintaining and protecting agginst impending floods
the levees on the Mississippi River, in-which it requested the
concurrence of the Senate.
P R O T E C T IO N
OF
LEVEES
OF
THE
M IS S IS S IP P I.
Mr. GALLINGER. I w »l yield to the Senator from Louisi
a n a [Mr. F o s t e r ] , who desires to . have t h e bill just received
from the House laid before the Sedate.
The VICE PRESIDENT. The;Chair lays before the Senate
a bill from the House of Repp$?entatives, which will be read
at length.
J7
The bill (H. R. 22772) a p p r o p r i a t i n g ,$350,000 for the purpose
of maintaining and protec yang -against impending floods the
levees oh the Mississippi River was read the first time by its
title and the second time of length, as follow s:
B e it en a cted , e t c ., That tjie sum ojj. $350,000 be, and the same is
hereby, appropriated, out of/hny money.jin the Treasury not otherwise
appropriated, to be expended under tbe', direction of the Secretary of
War in accordance with the plans, specifications, and recommendations
of the Mississippi River Cftinmission, as approved by the Chief of Engi
neers, for the purpose of Maintaining and protecting against impending
floods the levees on the iMississippi River between the Head of Passes
and Cape Girardeau,
Mr. FOSTER. I jfs k unanimous con!%it for the present con
sideration of the bijl.
\
Mr. SMOOT. lywas wondering whether under the rules we
could consider thi? bill, it not having be< referred to a eommittee.
The VICE PRESIDENT. The request is Ifaiat it be considered
regardless o f t$e rule, by unanimous consent. The Senate can
do anything ifcfchooses by unanimous consent.'
Mr. SMOGS?. The bill can be reported to-morrow.
Mr. FOSlJSlt. I will state that the im port%ce of this meas
ure and o f Its immediate passage is very great.Mr. OWBTSh The flood will not wait.
Mr. SM$OT. I have not the least objection to it, but I
SM
recognizej at it is a very important matter. TK&only question
is as to whether it is proper to takeMP the House
in my
bill andj ave it considered by the Senate without|having it rethe committee. I will say to the Senator I do not
ferred
eye will be any question but that the Cixnmittee on
think
Approj iations will report it out to-morrow morning: and have
ediately considered, and I do not think there%s a Senait
Iho would object to it. If it will make no mateSal differto the Senator, I would very much prefer to ligve it go
committee; but if there is anything o f u rgency*o great
the short delay will interfere in any way, I will vsiLive the
r.’ FOSTER. I will state to the Senator that the Irgency
is/very great.
Ir. DU PONT. The only objection I have to the bill is that
t$e President has recommended an appropriation of $500,000,
and I was wondering whether the appropriation made bj| the
House will be adequate to meet the necessities of the case.
Mr. FOSTER. I have considered that matter also, but the
importance of the measure passing with as little delay as pos
sible has forced me to accept the appropriation of - $350,000
made by the House instead of urging $500,000 as recommended
by the President.
Mr. SMOOT. I f it becomes necessary we can make an appro
priation of $150,000 subsequently.
4184
CONGRESSIONA L RECORD— SENATE.
Mr. FOSTER. Yes; if it becomes necessary we can make a
further appropriation.
Mr. SMOOT. I should'like to ask the Senator if he does not
think that to-morrow morning would be soon enough to act upon
the bill to meet all questions of emergency?
Mr. FOSTER. The chairman of the Committee on Rivers
and Harbors of the House is now present in the Chamber, and
the difficulty of securing a quorum-----The VICE PRESIDENT. The President’s message was sent
to the Committee on Appropriations.
Mr. FOSTER. I fear it is going to be extremely difficult to
get a quorum of the committee together. The Senator himself
knows how difficult it is to get a quorum of the committee
together.
Mr. SMOOT. If the Senator thinks that by going over until
to-morrow it will interfere with the object in view, I shall not
make any objection whatever to present consideration, but if
not, I think it is best that it should go over and be reported to
morrow. The committee can be polled. Of course I do not
know, but I have not any doubt in my mind but that the cotnmittee will be favorable to to it.
Mr. FOSTER. This appropriation is urged by the War De
partment, by the Chief of Engineers, and by the President, feel
ing that the work should begin as soon as possible, as the river
is now at the highest flood ever known in the history of that
stream of which there is any record. These various depart
ments recognize the urgency of the appropriation. The Presi
dent himself has recognized it by sending a special message to
Congress, and unless there be some rule or tradition of the Sen
ate that is violated I would like to have the measure put
through to-day. Of course I do not want to violate any rule
or any of the traditions of the Senate, and if any of them would
be violated I would rather not press it. I fear, however, if it
is referred to the committee there is going to be difficulty in getiug a quorum of the committee to-morrow morning. The Com
mittee on Appropriations is a very large committee, and I very
much fear there will be some difiiculty in getting the committee
together to act upon it; and the flood is not going to wait.
Mr. BURTON. Mr. President-----The VICE PRESIDENT. Does the Senator from Louisiana
yield to the Senator from Ohio?
Mr. FOSTER. Certainly.
Mr. BURTON. May I ask for what purpose this appropriaj
tion is to be applied? I understand it is for the repair < r
g
levees made necessary by the floods and that it is not for f l e
relief of individuals.
jjr
Mr. FOSTER. No, sir; it is for the maintenance an^psupport of levees which have already been built.
Mr. WARREN entered the Chamber.
Jgr
Mr. SMOOT. The chairman of the Committee on Appropria
tions is now present.
Jy
Mr. WARREN. Will the Senator allow me to .have the bill
read?
'
£
Mr. FOSTER. Certainly.
#
The VICE PRESIDENT. Without objectidh, the Secretary
will again read the bill.
Jr
The Secretary again read the bill.
Mr. WARREN. May I ask the Sena^ff* from Louisiana to
let the bill go to the Committee on Appropriations under the
rule, and a meeting will be called earlyin the morning to con
sider it, together with the President^ message, which refers
to the same subject. I think we cajrget immediate considera
tion in the morning,
Mr. FOSTER. Does the Senatonsfhink he can secure a quorum
of the committee?
W
Mr. WARREN. If the meyfters who are present will be
favorable to it, we can obtaimra poll of the remainder.
Mr. FOSTER. Is it simaW in obedience to a rule of the
Senate that the Senator asjpT this procedure or is it on account
of objection to the bill? £
Mr. WARREN. It isJfot only in obedience to a rule of the
Senate, but it is late iu$iv, and I would like to get in telephonic
communication with Jfie Chief of Engineers.
Mr. FOSTER. I JBive a letter from the Chief of Engineers
here.
Mr. WARREN-ifTliat is as to the general subject, but as to
the manner of applying it.
Air. NELSON^ Will the Senator from Louisiana yield to me?
Air. FOSTEfi. Certainly.
Air. NELSON. This is manifestly a measure that ought to go
to the Comhiittee on Commerce and not to the Committee on
Appropriations. It is for improving and protecting the levees
of the Allssissippi River.
Air. WARREN. I asked to-day that the President’s message
covering the same subject go to the Committee on Appropria
A p r il 2,
tions, because I considered that it was a matter of oxtremo
urgency, not for the general improvement of rivers and-harbors,
but a matter of money asked for an emergency. I do” not care'
liowevei*, to take it from the Committee- on Conunerce if the
chairman of the committee thinks it belongs there, but it seems
to me that coming up as a matter of emergei>cy it rather be
J
longs to the Committee on Appropriations.
Air. NELSON. It seems to me it belong^' to the Committee
on Commerce, but I made no objection touchy about the refer
ence of the message to the Committee e £ Appropriations, and
I shall make none now.
£
Air. FOSTER. I do not want to vibrate any of the rules of
procedure of this body, but I want toihipress upon the Senators
present the importance and urgenqr of this appropriation, i
know that the Engineer Department is ready, as soon as the
bill passes, to prepare for the ^protection and repair of the
levees at once. Six hours delaxjnnay mean a great deal to the
people in that portion of the/country, and I urge immediate
action only because of the aljjiolute urgency of work being un
dertaken by the departmenjpxt once. The bill safeguards the
appropriation. All funds in ust go through the Secretary of
War. The different brandies of the Government are ready to
take up this great workv because, as Col. Townsend, the en
gineer in charge, states It as his opinion that the flood will be
the highest of which Jnere has been any Government record
and it is pressing d$fwn with its unrelenting force upon the
people in the wholerMississippi Valley. Unless there be some
good reason why Jhe bill should be sent to the committee, I
would ask the S ta to rs present to forego the usual procedure,
which we all recognize to be a wise rule, in view of the great
emergency which is confronting the entire people of -the Alississippi Valle^f involving probably millions and millions of dol
lars of property and the lives of many people by the delay of a
few lioursyf
The Vj£)E PRESIDENT. I s there objection to the present
consideration of the bill?
Air. .WARREN. I am not going to insist upon an objection
Of cgmrse it is against the rules of the Senate. We so often
haw'trouble in cleaning up work of this kind of hasty legisla
tion that nothing except the appeal the Senator has made would
clause me to refrain from requesting enforcement of the rule,
but, under the circumstances, I am not going to raise any fur
ther objection.
All*. SMOOT. I have been in the Senate nearly 10 years, and
I believe this is the first time anything like this has happened
during that time, but on account of the urgency of the matter
and the appeal of the Senator from Louisiana I shall not object
at all.
There being no objection, the bill was considered as in Com
mittee of the Whole.
The bill was reported to the Senate without amendment, ordei*ed to a third reading, read the thii*d time, and passed.
E X E C U T IV E
S E S S IO N .
Air. GALLINGER. I move that the Senate proceed to the
consideration of executive business.
•
The motion was agreed to, and the Senate proceeded to the
consideration of executive business. After 5 minutes spent in*
executive session the doors were reopened, and (at 5 o’clock
and 40 minutes p. m.) the Senate adjourned until to-morrow
Wednesday, April 3, 1912, at 2 o’clock p. m.
NOMINATIONS.
Executive nominations received by the Senate April 2, 1912.
S u rveyor of C u st o m s.
Ernest I. Edgcomb, of New York, to be surveyor of customs
for the port of Syracuse, in the State of New York. (Reap
pointment. )
C ollector of C u s t o m s .
Edward R. Stackable, of the Territory of Hawaii, to he col
lector of customs for the district of Hawaii, in the Territory of
Hawaii. (Reappointment.)
C ollector of I n te r n a l R e ve n u e .
Charles C. Cole, of New* York, to be collector of internal
revenue for the twenty-first district of New York in place of
Peter E. Garlick, resigned.
U n it e d
States A ttorn ey.
John L. AIcNab, of California, to be United States attorney for
the northern district of California, vice Robert T. Devliii, re
signed.
«
Surveyor
G e n e ra l of
Idaho.
Darwin A. Utter, of Idaho, to be surveyor general of Idaho,
his term having expired February 10. (Reappointment.)
CONGRESSIONAL' RECORD— SENATE.
A pril 3, 1912.
SENATE.
W ed nesday,
April 3, 1912.
£
The Senate met at 2 o’clock p. m.
Prayer by tlie Chaplain, Rev. Ulysses G. B. Pier<?&, D. D.
The Secretary proceeded to read the Journal j f f yesterday’s
proceedings when, on request o f Mr. G allin g er J kikI by unani
mous consent, tlie further reading was dispense? with and the
Journal was approved.*
M
M E S SA G E FROM T H E H O U SE .
M
A message from the House o f Representatives, by D. K.
Hempstead, its enrolling clerk, announced that the House had
passed the following bills, with amendments, in which it re
quested the concurrence of the Senate.
.=
/
S. 252. An act to establish in the Department of Commerce
and Labor a bureau to be known as the jjaildren’s bureau;
t S. 2434. An act providing for an inepfease o f salary of the
United States marshal for the district 0 Connecticut; and
S. 5718. An act to authorize the Sejjptary of the Interior to
secure for the United States title 0 patented lands in the
Tosemite National Park, and for otlp t purposes.
The message also announced thadgfhe Plouse had passed the
following bills, in which it requespd the concurrence of the
Senate:
H. It. 20190. An act to extend t l# time for the construction of
a dam across Rock R iv e r; 111.,
H. It. 20286. An act authorizing’- he fiscal court of Pike County,
!
Ky., to construct a bridge aerjfcs Russell Fork of Big Sandy
R iv er;
H. It. 20486. An act authorising the construction of a bridge
across the Willamette River aglor near Newberg, Ore:
H. It. 21170. An act grantirgj to El Paso & Southwestern Rail
road Co., a corporation organized and existing under the laws
of the Territory and State 4f Arizona, a right of way through
the Fort Huachuca MilitajlgF Reservation, in the State of Ari
zona, and authorizing sai|P corporation and its successors or
assigns to construct and Operate a railway through said Fort
Huachuca Military R esolu tion , and for other purposes;
IT. It. 22043. An act td^iuthorize additional aids to navigation
in the Lighthouse Serylbe, and for other purposes; and
H. R. 22261. An acijgranting pensions and increase , of pen
sions to certain soldiers and sailors of the Civil War and cer
tain widows and dep^hdent relatives of such soldiers and sailors
o f said war.
The message fum ier announced that the House had passed
the concurrent rej-plution (No. 19) of the Senate authorizing
and directing theJSecretary of W ar to confer with the Fiftieth
Anniversary of Sie Battle o f Gettysburg Commission of the
State of Pennsylvania, with a view to making plans and recom
mendation for future legislation looking to the proper adminis
tration of the#celebration of the fiftieth anniversary o f the
Rattle of Gettysburg, to be held on July 1, 2, 3, and 4, 1913,
with amendnjfnts, in which it requested the concurrence of the
Senate,
4231
by outside deJlei * which was referred to the Committee on the
Judiciary.
He also presented a petition of sundry citizens o f Berg, N.
Dak., praying for the repeal of the reciprocity pact with
Canada, which was referred to the Committee on Finance.
He also presented petitions o f sundry citizens o f Underwood,
Reeder, Wlieelock, Esmond, and of Adams and Bottineau Coun
ties, all in the State of North Dakota, praying for the establish
ment o f a parcel-post system, which were referred to the Com
mittee on Post Offices and Post Roads.
He also presented a memorial of sundry citizens of Garrison,
N. Dak., remonstrating against the establishment of a parcelpost systein, which was referred to the Gommh/tee ..pn Post
Offices and Post Roads.
Mr. OWEN presented a petition o f the Eastern Cherokee?,
praying that they be reimbursed in the sum of $103,749.74,
which has been deducted from their judgment fund to discharge
an obligation which rested solely upon the United States, which
was referred to the Committee on Indian Affairs.
Mr^M^flQBa^jM^gented a memorial of sundry fitizens^^|0
on sugar, which-wvus«»eiei'«#!,f6*2 c
ffFSfT^mnnttee on Finance.
Mr. BRADLEY presented a petition of the Woman’s Chris
tian Temperance Union of Lexington, Ivy., praying for the ennctment\of an interstate liquor law to prevent the nullification
of State liquor, laws by outside dealers, which was referred to
the Committee on the Judiciary.
Mrl GUGGENHEIM presented memorials of 150 .{Citizens of
Crawjford Comity, 235 citizens o f Delta County, 90 citizens of
Prowlers County, 66 citizens of Adams County, 490 citizens of
Morgan Count\ 120 citizens of Sedgwick Coujffy, ISO citizens
of Arapahoe Colmty, 300 citizens of Logan CpSinty, 280 citizens
of Montrose Coui^y, 2,737 citizens o f Denver .County, 448 citizens
of Boulder County, 170 citizens o f Rent County, 475 citizens of
Mesa County, 2,06n<f citizens of Weld County, 1,220 citizens of
Larimer County, 475 citizens of Otero County, 190 citizens of
Pueblo County, and R) citizens of Washington County, of the
Commercial Club of Mtente Vista,
the Commercial Club of
Julesburg, o f the ChamOwj o f Comiuferee of Fort Morgan, of the
Commercial Club of Fo\f^er, o f t$e Commercial Club of Las
Animas, o f the Commercnk Club of Wellington, of the Com
mercial Club o f La Jara, of-Mlia Bent County Agricultural As
sociation, of the Chamber o f Commerce o f Grand Junction, and
of the Business Men’s Association of Loma, all in the State of
Colorado; and o f 39 citizen^ o fw ie State of Nebraska, remon
strating against a reduction o f tl|h duty on sugar, which were
referred to the Committee J)h Final
REPOTS
OF C O M M % T E E S .
Mr. THORNTON, frjjpfn the Connnitfjfei on Naval Affairs, to
which was referred th f bill (S. 3645) toT&mend the law provid
ing for the payment 0. the death gratuitykas applicable to the
Navy and Marine Carps, reported it witlljfct amendment and
submitted a report (No. 551) thereon.
Mr. CULLOM, fspm the Committee on Fo^fcgn Relations, to
ENROLLED B IL L SIGNED.
which was referre^f the bill (S. 5735) to enable^ie President to
The messpge also announced that the Speaker of the House propose and invyb foreign Governments to participate in an
had signed the enrolled bill (H. R. 22772) appropriating international conference to promote an international inquiry into
$350,000 w r the purpose of maintaining and protecting against the causes of tl#f high cost o f living throughout tfl|> world and
impending floods the levees on the Mississippi River, and it was to enable the United States to participate in said%onference,
reported it without amendment.
thereuponl signed by the Vice President.
ip<|S
He also, from the same committee, to which was referred the
P E T IT IO N S A N D M E M O R IA L S .
amendment submitted by Mr. B u r t o n February 26, lfe l2 , pro
Mr. JliX O N presented a memorial of the Commercial Asso posing to appropriate $5,900 for payment o f expenses os-expert
ciation 'of Goldfield, Nev., remonstrating against any reduction delegates ip the International Radiotelegraphic Conf|ronee,
in th#appropriations for the maintenance of the United States London, Jlfiie, 1912, etc., intended to be proposed to tliemiploMinjpat San Francisco, Cal., which was referred to the Com- matic an#consular appropriation bill (H. R. 1 9 2 1 2 ),■ reputed
favorabjfTthereon, and moved that it be referred to the C®nmittgfe on Appropriations.
« r . GALLINGER presented the petition of A. S. Wetherell, mittee ,qn Appropriations and printed, which was agreed to.
Mr. SUTHERLAND, from the Committee on Public Building
w # of Exeter, N. II., praying that an appropriation be made
the construction o f a public highway from Washington, and (abounds, to which was referred the bill (S. 5494) to prc?
5P C., to Gettysburg, Pa., as a memorial to Abraham Lincoln, vide a site for the erection o f a building to be known as the!
Geufge Washington Memorial Building, to serve as the gatlierWhich was referred to the Committee on Appropriations.
# He also presented a petition o f the National Christian Con- ing|place and headquarters of patriotic, scientific, medical, and
fgress Association of America, praying for the enactment of leg- otjter organizations interested in promoting the welfare of the
f mlation to provide for the incorporation of that association, Aperican people, reported it with amendments and submitted a
§ which was referred to the Committee on the District of Colum- report (No. 552) thereon.
M Mr. SMITH of South Carolina, from the Committee on
f bia.
Mr. NELSON presented a petition of sundry citizens of ^Agriculture and Forestry, to which was referred the joint
Tracy, Minn., praying for the enactment o f an interstate liquor Resolution (S. J. Res. 62) relating to cotton statistics, reported
law to prevent the nullification of State liquor laws by outside* it with an amendment.
He also, from the same committee, to which was referred the
dealers, which was referred to the Committee on the Judiciary#
Mr. GRONNA presented a petition o f sundry citizens <4 bill (H. R. 14052) authorizing the Secretary o f Agriculture to
Devils Lake, N. Dak., praying for the enactment of an in t e issue certain reports relating to cotton, reported it with an
state liquor law to prevent the nullification of State liquor layts amendment.
F
CONGRESSIONAL RECORD— SENATE.
4232
A
p r i l
3.
--------------/ ____
furthermore, as it is not believed to be consistent with good policy to
increase the numbers on the retired list by the transfer of individuals
thereto who do not come within the provisions of existing law, and as
nothirfg appears on the record of Mr. Alexander sufficiently^meritorious
A g r ic^ ^ H ^ L n : division of markets reported ii wiih amend- to makfe an exception in his favor, the department recommends that
favorable.action be not taken on this measure in his bchpf.
' submitted a report (No. 554) thereom,llll" <* i^ fc .,^ .
FaHhfully, yours,
Reek man WilrriiRop,
\
A ctin g S e c r e ta r y /o f the N avg.
OWEN, from the Committee on Indian Affairs, to which-j
/
was referred the bill (S. 51S6) to incorporate the Brotherhood Vffihe Chairman Committee on N aval A ffairs,
\
U nited S ta tes Senate.
of North American Indians, reported it with amendments and
This is a special bill for the relief of former ^Paymaster's Clerk
submitted a report (No. 555) thereon.
.Taffies S. Alexander, the object of the bill being to, place him upon the
He also, from the same committee, to which was referred the retiled list of the Navy with the retired pay of {ySpayaffister’s clerk of
bill (S. 4G1) conferring jurisdiction on the Court of Claims to like length of sefyice. By reference to the opiqfrm of the department
your committee finds
recap:
hear, determine, and render judgment in claims of the Ponca for the retirement ,of that there has beenwhoxfin legislation providing
paymaster’s clerks,
conformity with the
Tribe of Indians against the United States, reported it with an provisions of law relating to the retirement offofficers of the Navy, have
"ten eligible to the benefits of said legislation.
amendment and submitted a report (No. 557) thereon.
The committee finds further that Mr. Alexander has not been in the
Mr. GRONNA. from the Committee on Aericr
service since 1898, and if this special legislation in his favor was passed
it would be equivalent to allowing him, although long since out of the
an agricultural plant, shrub, and tree experimental station at service, the privilege of retiring from it #n the same allowance that he
or near (he oby of M ahdaiM Wesf o f the Missouri River, in the would have if he had not left the service years ago, and in this wav
avail himself of legislation that is intended solely for the benefit of
State of^North Dakota, reported it with amendments and sub those who are now in tlie service and desire to retire from it in con
formity with existing legislation.
/
mitted a Import (No. 55G) thereon.
In the opinion of the Secretary
the Navy the passage of this bill
THE M I L im R Y POLICY OF TH E UNITED STATES (S . DOC. NO. 4 9 4 ) .
would create a precedent In numerous other cases in which congres
sional favor would be sougat, which would not be desirable : nor is it
Mr. SMOCW. From the Committee on Printing I repoTt back thought good policy to increase .the numbers on the retired list by the
favorably w i* an amendment Senate resolution 76, submitted transfer thereto of individu&s Avho would not come within the provi
jjjf
by the Senatcm from Delaware [Mr. d u P o n t ] , and I ask for sions of existing laws.
The report also states thafbothing appears on the record in connec
its immediate <%nsiderntion.
tion with any special meritpfiaus service on the part of Mr. Alexander
The Senate, 1% unanimous consent, proceeded to consider the to justify an exception being \nade in his favor, and the department
recommends adverse action onVthe bill. Under the facts as disclosed
resolution.
record and in view of
the department, which
The amendment was, in line 1, before the word “ thousand,” in the to be eminently-/^ound, me reasoning of is compelled to report
seems
Spur committee
to strike out “ tw ) ” and insert “ one,” and after the word unfavorably on the bitF
|
Mr. SMITH of door e-in.
r Committee on Agriculture
>
and Forestry, to taW^TAvas referred the bill (S. 5204) to
establish
| '***TTnrea u o f Statistics, in the Department of
,lv
i M
m
,
1# .1
W H W H f t T u ni i iM .iu r n 'g
mum
B f W
j
u iu b iish
“ thousand ” to stake out the words “ five hundred,” so as to
make the resolutiona’ead :
R evolved, That l,00%copies of the publication The Military Policy
of the United States,
Bvt. Maj. Gen. Emory Upton, United States
Army, be printed as a dflfcument.
The amendment waratgreed to.
The resolution as amended was agreed to.
JAM ES S. ALEXANDER.
Mr. THORNTON. By’ [irection of the Committee on Naval
Affairs I report back aclvf jjgely the bill (S. 2510) for the relief
James S. Alexander, and I submit
of former Paymaster’s Cle
a report (No. 550) thereon’ On behalf of the committee I request that the committee’s r ort be published in the R ecord.
[itliout objection, action upon the
The VICE PRESIDENT,
bill will be indefinitely postpo1 d, and the request for printing
the report in the R e c o r d will b .complied with.
The report is as follow s:
[Senate Report No. 550, Sixty-sei
d Congress, second session.]
JAMES s. ALfi AXDEIt.
Mr. T hornton , from the Committee n Naval Affairs, submitted the
following adverse report to accompany 9t 2510 :
The Committee on Naval Affairs, to| whom was referred the bill
(S. 2510) for the relief of former Paymaster’s Clerk James S. Alex
ander, having considered the same, reporrafhereon with a recommenda
tion that it do not pass.
%
The views of the Navy Department are albended and made a part of
this report, as follows :
D epart ® :. vt
of th e
N avy ,
Ellington, June 27, 1911.
M y D ear Senator : Referring to your lettei%lated May 26, 1911, in
closing a bill (S. 2510) for the relief of fowner Paymaster’s Clerk
James*S. Alexander, and requesting the deparfitaent’s opinion thereon,
I have the honor to inform you that it appears tSkt James S. Alexander
was appointed January 8. 1862. and served asapay steward on the
Onward to October 28, 1802, when he Was dischafeed.
His subsequent
service, all of which was in the capacity of pay elt*%. was as follows
Place ol duty.
M
assasoit....................................................
Datdkf appointftent.
Date ofrevo
cation.
Jan. 22,*63 Oct.
Jan. 12,1164 Aug.
Aug. 27,1»4 Aug.
Sept. 10,18* Nov.
Feb. 5, IS* Apr.
June 5,187m Nov.
ay
Dec. 16,18 * iM
76
July 19,1877 IDcc.
Jan. 1,18 0 %ar.
8
Oct. 2 ^18 5 tor.
3 8
Apr. 2 ,18 9 Jtbr.
0 8
Apr. 10 9 J%.
,18 2
2 ,18 3
8 6
13‘ 18 4
, 6
19 6
,18 5
2 6
7,18 9
26 70
,18
5,18
73
1,1877
15,18
78
2 ,18 5
8 8
19 8
,18 9
9 9
,18 2
3 ,18 8
0 9
This record shows that Mr. Alexander has had in all about 6 * years’
service, of which about 30 years has been as a paymaster’s cle®. He
is not now in the Navy. Recent legislation has provided for the Retire
ment of paymasters’ clerks who, in conformity with the provisi&s of
law relating to the retirement of officers of the Navy, have b«*ome
eligible to the benefits thereof. The object of this bill is to give-(Mr.
Alexander, although out of the service, the same privilege of
ment as though he were not now separated therefrom.
Inasmuch as 'the enactment of special legislation of this character
would furnish1 a most undesirable precedent in undoubtedly numerous
other cases in which similar congressional favor would be sought, and,
EMPLOYEES OF COM M ON
CARRIERS.
Mr. SUTHERLAND. Fromwhe Committee on tlie Judiciary
I report back favorably with amendments tlie bill (S. 5382) to
provide an explosive remedy a$d compensation for accidental
injuries, resulting in disability
death, to employees of com
mon carriers’ by railroad engage® in interstate or foreign com
merce, or in tlie District of Columbia, and for other purposes,
and I submit a report (No. 553) tmereon. I give notice that ori
Monday next, or as soon thereafter as tlie business of the
Senate will permit, I shall ask the&Senate to proceed with the
consideration of the bill.
\
I ask that 2,500 additional copies I f the report be printed for
tlie use of the Judiciary Committee!
Mr. CULBERSON. Mr. PresidentSI desire to say that tlie
report is not for the entire Committed on the Judiciary, and I
ask leave on behalf of myself at some convenient time to make
a minority report.
\
The VICE PRESIDENT. The Senate from Texas will have
leave to file minority views, without oflection.
Mr. GALLINGER' I will ask tlie Senator from Utah if ]ie
will not be willing that a portion of the|extra copies shall go
to tlie document room, say 3,000, and that 1,500 be printed for
tlie use of the committee.
%
Mr. SUTHERLAND. Very well.
Mr. GALLINGER. Fifteen hundred copies for tlie use of tlie
committee and 1,000 for the document room.
The VICE PRESIDENT. Without objecaon, tlie order will
be modified as indicated. The bill will !>e placed on tlie
calendar.
\
The order as agreed to was reduced to wri %ng, as follows:
O rdered, That 2,500 additional copies be printed (If the report on the
bill (S. 5382) to provide an exclusive remedy an# compensation for
accidental injuries, resulting in disability or death, to employees of
common carriers by railroad engaged in interstate or ^foreign commerce
or in the District of Columbia, and for other purposes, of which 1 500
shall be for the use of the Committee on the Judiciary and 1,000 ’ for
the Senate document room.
MEMORIAL. AM PHITHEATER AT ARLINGTON.
Mr. SUTHERLAND. Yesterday I reported favorably from
the Committee on Public Buildings and Grounds the bill
(S. 4780) for the erection of a memorial amAitheater at
Arlington Cemetery. The report contained certain Illustrations
and I am informed it requires an order of the Semite before
they can be printed. The plates for the illustrations are
already in the hands of the Printing Office. I therefore ask
that such authorization as may be necessary be give® to have
those illustrations included in the report.
The VICE PRESIDENT. Without objection, an order there
for will be entered.
The order as agreed to was reduced to writing, as follows:
Ordered, That the illustrations accompanying Senate Report feo 542
“ For the erection of a memorial amphitheater at Arlington Cedtetery ’’
be printed in said report.
ir
TROPHY FLAGS.
Mr. SWANSON. I am directed by tlie Committee on
Affairs, to which was referred tlie bill (H. R. 15471)
1912.
CONGRESSIONAL RECORD— SENATE.
4233
appropriation for repair, preservation, and exhibition of the
A bill (S. 6165) for the relief o f the Iowa Tribe of Indians in
trophy flags now In store at the Naval Academy, Annapolis, Oklahoma; to the Committee on Indian Affairs.
Md., to report it favorably without amendment, and I submit a
report (No. 549) thereon. I ask for the immediate considera
A bill ( S. ntflA)-'
o f pension to Miles F.
tion of the bill.
Margin (with accompanying paper) ; to the Committee on Pen
The VICE PRESIDENT. The bill will be read for the in sions
By Mr. BRADLEY:
formation of the Senate.
A bilrktS. 6167) to authorize the Williamson & Pond Creek
The Secretary read the bill.
The VICE PRESIDENT. Is there objection to the present Bailroad\Jo. to construct a bridge across the Tug Fork of the
Big Sandy^River at or near Williamson, Mingo County, W. \%.;
consideration of the bill?
Mr. SMOOT. I should like to ask the Senator if this is a to the Comntottee on Commerce.
.
By Mr. C IM M BE RLA IN :
Senate or a House bill?
Mr.\ SWANSON. It is a bill that has passed the House, and
A bill (S. Gl||8) granting a pension to Charles A. Bills ( with
it is reported favorably by the Committee on Naval Affairs of accompanying papers) ; to the Committee on Pensions.
the Senate.
By Mr. CUMMSNS (for Mr. K enyon ) :
Jf
Mr. SMOOT. Is it a unanimous report?
A bill (S. 6169)%ranting an increase of pension to lift W aldo;
Mr. SWANSON. It is a unanimous report. The bill/ is rec
A bill (S. 6170) R a n tin g a pension to Saloina Bowhian Ells
worth ; and
ommended by the Secretary of the Navy.
There being no objection, the bill was considered as; in Com
A bill (S. 6171) grl&ting a pension to Ezra Edwards; to the
Committee on Pensions^
M
mit tee of the Whole.
[f
The bill was reported to the Senate without amendment,
AMENDMENTS TO RlViBAND HARBOR BILL ( II. J# 21477).
ordered to a third reading, read the third time, and ^passed.
Mr. WORKS submitted % i amendment proposing to grant to
A.
BILLS INTRODUCED.
the people of Los Angeles, (ml., all the right, tiffe, and interest
Bills were introduced, read the first time, and, jby unanimous of the United States in andm> that portion gT the submerged
lands around the military res«ration , Dead JjJftm Island, Cal.,
’s
consent, the second time, and referred as follow^':
etc., intended to be proposed l% him to tlnVT'iver and harbor
_
By Mr. CULLGM :
i
A bill (S. G150m for the relief o f William Abbot and others; appropriation bill, which was FAferred tojjtlie Committee on
Commerce and ordered to be pruned.
Jr
to the Committee on Claims.
Mr. TOWNSEND submitted an %nendHpnt proposing to re
By Mr. SUTHERLAND:
relative to the LifeA bill (S. 6151) to amend section 53 of the Judicial Code peal section 8 of the act of. June It
Saving Service, etc., intended to be ]
£ by him to the river
r
d
approved March 3, 1511; to the Committee on the Judiciary.
and harbor appropriation bill, whic
referred to the ComBy Mr. NELSON: \
J
A bill (S. 6152) for\the relief o f Charles J. Allen, United mittee on Commerce and ordered to bel L'inted.
Mr. HEYBURN submitted an ame; pent proposing to inStates Army, retired; to The Committee on Claims.
lumbia River between
A bill (S. 6153) for fhe relief o f Charley Clark, a home crease the appropriation for improvin
stead settler on certain kinds therein described; to the Com the foot of The Dalles Rapids and the)!
if Celilo Falls, Oreg.
and Wash., from $600,000 to $800,00# andW so proposing to in
mittee on Public Lands.
•
,
By Mr. GUGGENHEIM : *4 ,.r
f
crease the appropriation for improving Columbia River and trib
A bill (S. 6154) appropriating $10,000 to be used by the utaries from Celilo Falls to the m o m of Snalle River, Oreg. and
Forest Service in the further construction and improvement of Wash., from $30,000 to $50,000, et<& intendedTp be proposed by
the highway between Silverto^mnd Creede in the San Juan him to the river and harbor appjppriation biH,, which was re
and Rio Grande National ForgMSMn Colorado; and
ferred to the Committee on ConnnjpL'ce and ordeiTd to be printed.
A bill (S. 0155) approprMtingk$10,000 to be used by the
Mr. BAILEY submitted an antifndmen.t propping to increase
Forest Service in the furtheg consSuction and improvement of the appropriation for improving the channel 9pm Galveston
the highway between Silverfon an<r|purango in the San Juan Harbor to Texas City, Tex., et<$ from $100,000
$200,000, in
National Forest in Colorado; to the Committee on Agriculture tended to be proposed by him tJulie river and har% r appropria
and Forestry.
tion bill, which was referred t<Jfhe Committee on Commerce and
^ (B y request.) A bill (S/6156) to dire|£ that Crittenden Street ordered to be printed.
He also submitted an ameq|fment relative to the Appointment
NW., between Iowa Avqfiue and Seventeenth Street NW., be
stricken from the plan jbf the permaneii^ system of highways o f a board o f five engineer qfiicers to examine Texas^City Har
for the District of Columbia; to the Committee on the District bor and Channel, etc., inteigtted to be proposed by Sjfcm to the
river and harbor appropri^Eon bill, which was referred to the
of Columbia.
/
^
u
%
A bill (S. 6157) granting an increase d pension to James Committee on Commerce idjE ordered to be printed.
He also submitted an amendment relative to the implgvement
Cooper (with accompanying paper) ; to tfie Committee on Peno f the Sabine-Neches CaMil, Tex., from the Port Artlmr Ship
sions.
Canal to the mouth of Jphe Sabine River, etc., intended to be
By Mr. W O R K S :
A bill (S. 6158) granting an increase of i%ision to Joseph proposed by him to thjf river and harbor appropriati® bill
which was referred to Jne Committee on Commerce and ordered
Nye (with accompanying papers) ; to the Coftimittee on Pen
to be printed.
sions.
\
AMENDl^pNTS TO APPROPRIATION BILLS.
By Mr. TOWNSEND :
\
Mr. HEYBURN sjjm itted an amendment proposing to araeroA bill (S. 6159) to repeal section 8 .o f the act ofiJune 18, 18(8,
entitled “An aft to organize the Life-Saving Service ” ; to the priate $30,000 for ttt& construction o f buildings for agency haulquarters on the Cojftr d’Alene Indian Reservation in Idaho, &c.,
Committee on;Commerce.
intended to be proposed by him to the Indian appropriation mil
By Mr. Mc^UMBER :
k
A bill ( s . 6160) to authorize the Great Northern Railway Co. (II. R. 20728), wMch was referred to the Committee on Indian
fo construct a bridge across the Missouri River in tlie State of Affairs and ordefld to be printed.
He also submitted an amendment proposing to appropriate
North D akota; to fhe Committee on Commerce.
$S0,000 for coupnuing the survey of public lands in Idaho, ete.&
By Mr. M Y E R S:
A bill ( S. 6161) to authorize the Great Northern ^Railway intended to bqproposed by him to the sundry civil appropriation
Co. to construct a bridge across the Yellowstone River in the bill, which wM referred to the Committee on Appropriations ant
county of Dawson, State o f Montana; to the Committee 6n Com ordered to If! printed.
merce.
house bills referred.
By Mr. SWANSON:
The following bills were severally read twice by their titles
A bill (s. 6162) for the relief of Passed Asst. Surg. Mieajali
Boland, United States Navy; to the Committee on Naval Affairs. and referred to the Committee on Commerce:
H. It. Jol90. An act to extend the time for the construction of
By Mr. SMITH of A rizona:
A bill (S. 6163) to provide for the purchase o f a site for a a damJvcross Rock River, 111.;
H. 1# 202S6. An act authorizing the fiscal court of Pike County,
building Jn the city of Nogales, A riz.; to the Committee
Ky., to construct a bridge across Russell Fork of Big Sandy
)Ue Buildings mid Grounds.
Rivei*;
By Mr. OWEN:
II. It. 22043. An act to authorize additional aids to navigation
A bill (S. 6164) to amend section 5 of an act approved May
27, 1008, entitled “An act for the removal of restrictions from in the Lighthouse Service, and for other purposes; and
II. It. 20486. An act authorizing the construction of a bridge
Part of the lands of allottees o f the Five Civilized Tribes, and
across the Willamette River at or near Newberg, Oreg.
for other purposes ” ; and
g
CONGRESSIONAL RECORD— SENATE.
H. It. 21170. An act granting to El Paso & Southwestern Rail
road Co., a corporation organized and existing under the laws
of the Territory and State of Arizona, a right of way through
the Fort Huachuca Military Reservation, in the State of Ari
zona, and authorizing said corporation and its successors or
assigns to construct and operate a railway through said Fort
Huachuca Military Reservation, and for other purposes, was
read twice by its title and referred to the Committee on Com
merce.
H. R. 22261. An act granting pensions and increase of pen
sions to certain soldiers and sailors of the Civil War and cer
tain widows and dependent relatives of such soldiers and sailors
of said war was read twice by its title and referred to the Com
mittee on Pensions.
T A X U P O N W H IT E PH OSPH OBXJS M A T C H E S .
Mr. LODGE. I move that the Senate proceed to the consid
eration of the bill (H. It. 20S42) to provide for a tax upon white
phosphorus matches, and for other purposes.
The motion was agreed to; and the Senate, as in Committee
of the Whole, proceeded to consider the bill.
Mr. GALL1NGER. Let the bill be read.
The VICE PRESIDENT. The bill will be read.
The Secretary read the bill, as follows:
lie it enacted, etc., That for the purposes of this act the words “ white
phosphorus ” shall be understood to mean the common poisonous w^iite
or yellow phosphorus used in the manufacture of matches and not to
include the nonpoisonous forms or the nonpoisonous compounds of white
or yellow phosphorus.
Sec. 2. That every manufacturer of white phosphorus matches shall
register with the collector of internal revenue of the district his name
or style, place of manufactory, and the place where such business is to
be carried on ; and a failure to register as herein provided and required
shall subject such person to a penalty of not more than $500. Every
manufacturer of white phosphorus matches shall file with the collector
of internal revenue of the district in which his manufactory is located
such notices, inventories, and bonds, shall keep such books and render
such returns in relation to the business, shall put up such signs and
affix such number to his factory, and conduct his business under such
surveillance of officers and agents as the Commissioner of Internal
Revenue, with the approval of the Secretary of the Treasury, may, by
regulation, require. The bond required of such manufacturer shall be
with sureties satisfactory to the collector of internal revenue and in the
penal sum of not less than $1,000 : and the sum of said bond may be
increased from time to time and additional sureties required at the dis
cretion of the collector or under instructions of the Commissioner of
Internal Revenue.
Sec . 3. That all white phosphorus matches shall he packed by the
manufacturer thereof in packages containing 100, 200, 500, 1,000, or
1,500 matches each, which shall then be packed by the manufacturer in
packages containing' not less than 14,400 matches, and upon white
phosphorus matches manufactured, sold, or removed there shall he
levied and collected a tax at the rate of 2 cents per 100 matches, which
shall be represented by adhesive stamps, and this tax shall be paid by
the manufacturer thereof, who shall affix to every package containing
100, 200. 500, 1,000, or 1,500 matches such stamp of the required value
and shall place thereon the initials of his name and the date on which
such stamp is affixed, so that the same may not again be used. Every
person who fraudulently makes use of an adhesive stamp to denote any
tax imposed by this section without so effectually canceling'such stamp
shall forfeit the sum of $50 for every stamp in respect to which such
offense is committed.
Sec . 4. That every manufacturer of matches who manufactures, sells,
removes, distributes, or offers to sell or distribute white phosphorus
matches without there being affixed thereto an adhesive stamp, denoting
the tax required by this act, effectually canceled as provided by the
preceding section, shall for each offense be fined not more than $1,000
and be imprisoned not more than two years. Every manufacturer of
matches who, to evade the tax chargeable thereon or any part thereof,
hides or conceals, or causes to be hidden or concealed, or removes or
conveys away, or deposits or causes to be removed or conveyed away
from or deposited in any place any white phosphorus matches, shall for
each offense be fined not more than $1,000 and be imprisoned not more
than two years, or both, and all such matches shall be forfeited.
S ec . 5. That every person who affixes a stamp on any package of
white phosphorus matches denoting a less amount of tax than that re
quired by law shall for each offense he fined not more than $1,000 or
he imprisoned not more than two years, or both.
Sec. G That every person who removes, defaces, or causes or permits
.
or suffers the removal or defacement of any such stamp, or who uses
any stamp or any package to which any stamp is affixed to cover any
other white phosphorus matches than those originally contained in such
package with such stamp when first used, to evade the tax imposed by
this act, shall for every such package in respect to which any such
offense is committed be fined $50, and all such matches shall also be
forfeited.
S ec. 7. That every manufacturer of white phosphorus matches who
defrauds or attempts to defraud the United States of the tax imposed by
this act, or any part thereof, shall forfeit the factory and manufactur
ing apparatus used by him and all the white phosphorus matches and
all raw material for the production of white phosphorus matches found
in the factory and on the factory premises, or owned by. him, and shall
be fined not more than $5,000 or be imprisoned not more than three
.years, or both. All packages of white phosphorus matches subject to
tax under this act that shall be found without stamps as herein pro
vided shall be forfeited to' the United States.
S ec . ft. That the Commissioner of Internal Revenue shall cause to be
prepared suitable and special stamps for payment of the tax on white
phosphorus matches provided for by this act. Such stamps shall be
furnished to collectors,, who shall sell the same only to duly qualified
manufacturers. Every collector shall keep an account of the number
and denominate values of the stamps sold by him to each manufacturer.
All the provisions and penalties of existing laws governing the engrav
ing, issuing, sale, affixing, cancellation, accountability, effacement, de
struction, and forgery of stamps provided for internal revenue are
hereby made to apply to stamps provided for by this act.
A p r il 3
Sec. 9. That whenever any manufacturer of white phosphorus matched
sells or removes any white phosphorus matches without the use of tJ
tfT
stamps required by this act, it shall be the duty of the Commissioneislof
Internal Revenue, within a period of not more than two years afteiySfioh
sale or removal, upon satisfactory proof, to estimate the amountrfff t-iv
which has been omitted to be paid, and to make an assessment^Kerefl^
and certify the same to the collector, who shall collect the samp accoru
ing to law. The tax so assessed shall be in addition to tbrfrpenaltipl
imposed by law for such sale or removal.
ir
ies
Sec . 10. That on and after January 1, 1913, whiter phosphor™*
matches, manufactured wholly or in part in any foreignPcountry
not be entitled to entry at any of the ports of the UnitdrStates, and tho
importation thereof is hereby prohibited. All mat&Jres imported int
the United States shall be accompanied by such eeilmcate of official in
spection by the Government of the country in whig!! such matches worn
manufactured as shall satisfy the Secretary of ldfe Treasury that th<w
are not white phosphorus matches. The Secretary of the Treasury i*
authorized and directed to prescribe such rogjrfations as may be necet:
sary for the enforcement of the provisions ofMiis section.
s'
Sec . 11. That after January 1, 1914, it Jnall be unlawful to export
from the United States any white phosHHnrus matches. Any persrn
guilty of violation of this section shall,doe fined not less than $ 1 0 0 0
and not more than $5,000, and any whire phosphorus matches exportou
or attempted to be exported shall be cftfmscated to the United States ani
destroyed in such manner as may b$ prescribed by the Secretary of th
Treasury, who shall have power to issue such regulations to custom*
officers as are necessary to the enpreement of this section.
’
Sec. 12. That every manufacturer of matches shall mark, brand
affix, stamp, or print, in such irianner as the Commissioner of Internal
Revenue shall prescribe, on cy-ery package of white phosphorus matchc
manufacturedv sold, or removed by him, the factory number required
under section 2 of this aq$ Every such manufacturer who omits t
mark, brand, affix, stamp, or print such factory number on such mol0
age shall be fined not more than $50 for each package in respect r»f
which such offense is committed. Every manufacturer of white phos
phorus matches shall securely affix by pasting on each original packaeo
containing stamped packages of white phosphorus matches manufao
tured by him a label, on which shall he printed, besides the number of
the manufactory £nd the district in which it is situated, these word* ■
“ Notice.— The manufacturer of the white phosphorus matches herein'
contained has 0omplied with all the requirements of law. Every ,)p,.
son is cautioned not to use again the stamps on the packages herein con
tained under the penalty provided by law in such cases.” Every mann
facturer of. white phosphorus matches who neglects to affix such label
to any original package containing stamped packages of white phos
phorus matches made by him or sold or removed by or for him and
every person who removes any such label so affixed from any such’ onV1
inal package shall be fined not more than $50 for each package h
respect of which such offense is committed.
“ 11
1
S ec . 13. That if any manufacturer of white phosphorus matches
any importer or exporter of matches, shall omit, neglect, or refuse in
do or cause to he done any of the things required by law in carrvin°
O or conducting his business, or shall do anything by this act prohih
fi
ited, if there be no specific penalty or punishment imposed by any other
section of this act for the neglecting, omitting, or refusing to do, or fmthe doing or causing to he done, the thing required or prohibited ho
shall be fined $1,000 for each offense, and all the white phosphorus
matches owned by him or in which he has any interest as owner shall
be forfeited to the United States.
1
1
Sec. 14. That all fines, penalties, and forfeitures imposed by this act
may be recovered in any court of competent jurisdiction.
Sec. 15. That the Commissioner of Internal Revenue, with the an
proval of the Secretary of the Treasury, may make all needful regula
tions for the carrying into effect of this act.
Sec. 16. That sections 3164 to 3177, 3179 to 3243, 334G as amended
3429 as amended, 3445 to 3448, 3450 to 34G3, all inclusive, of the lie’
vised Statutes of the United States, and all other provisions and pen
alties of existing law relating to internal revenue so far as applicable
are hereby made to extend to and include and apply to the taxes* im ’
posed by this act and to the articles ‘upon which and to the persons
upon whom they are imposed.
Sec. 17. That this acl^shall take effect on July 1, 1913, except as pre
viously provided in this act; and except as to its application to the
sale or removal of white phosphorus matches by the manufacturers as
to which it shall take effect on January 1, 1915.
Mr. BAILEY. Mr. President, neither the Senator from Mas
sachusetts [Mr. L odge] nor any other Senator in th is body can
make any defense of this measure, frankly avowing the purpose
of it. The only defense of it that can be made is predicated
and the argument in favor of it is predicated, upon the false
pretense that it is a revenue measure. The Senator from Mas
sachusetts does not expect, and does not desire, to raise any
revenue under its provisions. The whole purpose of it is, under
the guise of a Federal tax, to invade the States and usurp their
police powers. The Senator from Massachusetts thinks it wron<*
to permit people to work in match factories with this material*
and, being unable to persuade the Commonwealth of Massachu
setts to enact a law prohibiting it, he comes to the Federal Con
gress to procure a law taxing it to a full prohibition.
I have received several telegrams during the last few days
in favor of this bill, but I have not a single one with any argu
ment in it, or suggestion in it, except that it was inhuman^to
permit men and women to engage in the work of making
matches with this substance. I am not an expert on that ques
tion. If I were a member of a State legislature and authorized
to exercise a wise and judicious police power, I would strive to
inform myself, and if I believed it was a dangerous or un
wholesome employment, I would, without the slightest hesita
tion, vote directly to prohibit it; but, sir, the Government of the
United States possesses no police power, certainly possesses no
general police power, and every time it seeks to exercise such a
power under the guise of taxation it practices a miserable anil
a false pretense.
CONGRESSIONAL BEOOBD— SENATE.
1912.
BILLS AND JO INT RESOLUTION INTRODUCED.
*
Bills and a joint resolution were introduce^, read the firs!,
time, and, by unanimous consent, the second Jffiie, and referred
as follow s:
M
By Mr. POIN DEXTER:
A bill (S. G172) to regulate the method sir directing the work
o f Government employees; to the Commit^c on Education and
Labor.
of
By Mr. SHIVELY :
j f
A bill (S. f>178) granting an in c r e jp of pension to Charles
M orritz; to the Committee on Pensiq^.
By Mr. SMITH* of Arizona:
M
A bill (S. 6174) for the erectionJftf a public building at the
city of Douglas, State of Arizona {pmd
A bill (S. 6175) for the erecti&£ of a public building at the
city of Globe, State o f Arizona^' to the Committee on Public
Buildings and Grounds.
By Mr. FOSTER (for Mr.
HUMAN ) :
f
A bill (S. 6176) for the r\ & of Gibbes Lykes; to the Cornmittee on Military Affairs.
By Mr. SMITH of Mary#
A bill (S. 6177) for thesjsurchase o f a site and erection o f a
Federal building at Can^ndge, M d.; and
A bill (S. 6178) for #0* purchase o f a site and erection of a
Federal building at Crhiield, M d.; to the Committee on Public
Buildings and G round^
By Mr. GUGGENRE1M:
A bill (S. 6179) td establish a mining experiment station at
Silverton. San Juaiiftlounty, Colo., to aid in the development of
the mineral resources of the United States, and for other pur
poses ; to the Committee on Mines and Mining.
A bill (S. 6180)-"for the relief of the city of Pueblo, Colo.; to
the Committee oa Claims.
By Mr. B U R 2 # A M :
A bill (S. 61 if!) granting an increase o f pension to Darwin
A. W ebb; an djfT
A bill (S. 61^2) granting an increase o f pension to William
W. FollansbjBt to the Committee on Pensions.
By Mr. BptANDEGEE:
A bill ( fsir 6183) granting an increase o f pension to Laura L.
N oyes;
A bill JS. 61S4) granting an increase o f pension to Richard
M. Johjpon; and
A h il#(S . 6185) granting an increase o f pension to Charlotte
B. Befiilev; to the Committee on Pensions.
By,Mr. JONES:
A bill (S. 6186) granting an increase of pension to Horatio
N. M erritt; to the Committee on Pensions.
By Mr. CHILTON:
A bill ( S. 6187) granting a pension to C. Harvey Sayre; and
A bill (S. 61 NS) granting a pension to--George-Tyler? to the
Committee oh Pfnsions.
By Mr. OWEN:
A bill (S. 61S9) authorizing the Secretary of the Interior to
deliver all patents to Seminole allottees covering their respective
allotments, and for other purposes; to the Committee on In
dian Affairs.
a " joint resolution
An amendment providing for a survey from deep water to
Oyster, Va., etc.; and
An amendment providing a suitable channel in Savages
reek from Chesapeake Bay to Eastville, Va.
Mr. GRONNA submitted an amendment proposing to approp’$uate $10,000 for continuing work of revetment at Bismarck
aiifi Williston, N. Dak., intended to be proposed by him to the
and harbor appropriation bill, which was referred to the
littee on Commerce and ordered to be printed.
A M E N D M E N T TO IM M IG R ATIO N BILL.
M-r.%LODGE. I submit an amendment intended to be pro
posed % the immigration bill (S. 3175), modifying one of its
>
elauses.% I ask that the amendment be printed and lie on the
table until the bill is taken up for consideration.
The V*CE PRESIDENT. The amendment will be printed
and lie oik the table, as requested by the Senator from Massa
chusetts. |
O M N IB U S C L A IM S BILL.
Mr. SMITH of Maryland submitted an amendment intended
to be proposM by him to the bill (H. R. 19115) making appro
priation for payment of certain claims in accordance with find
ings of the C % rt o f Claims, reported under the provisions of
the acts approved March 3, 1883, and March 3, 1SS7, and com
monly known as^tlie Bowman and the Tucker Acts, which was
referred to the Committee on Claims and ordered to be printed.
A M E N D M E N T tf) TH E AGRICULTURE APPROPRIATION BILL.
Mr. OLIVER submitted an amendment proposing to increase
the appropriation ftr the employment o f professors of meteor
ology, inspectors, district forecasters, etc., at the Weather
Bureau, District o f fktlumbia, intended to be proposed by him
to the Agriculture appropriation bill (H. R. 18960), which was
referred to the Comml|tee on Agriculture and Forestry.
T H E M IL IT A R Y POLICY OF T H E UNITED STATES.
Mr. SMOOT. On yesterday the Senate ordered printed 1,000
copies of The Military p o lic y of the United States, by Rvt.
Maj. Gen. Emory Uptorfc United States Army. I find, upon
examination, that there a% a number of illustrations embodied
in the volume. I ask thaifcthe Public Printer be authorized to
include the illustrations in she printing of the document.
The VICE PRESIDENT. Without objection, the order will
be entered as requested by t% Senator from Utah.
T H E PARCEL POST AND P O S ^ -L EXPRESS
(S .
DOC. NO. 4 0 0 ) .
Mr. CLARKE of Arkansas. %I have an article by the junior
Senator from Maine [Mr. Ga i n e r ] on the parcel-post and
postal-express situation in C on fess. I move that the article
be printed as a Senate documents
The motion was agreed to.
PROGRESSIVE RULE OF ACTION S N
JU D IC IAL MATTERS.
Mr. JONES. I desire to give notnte that on next Wednesday,
at the conclusion of the routine moaning business, I desire to
sultan it some remarks on former President Roosevelt’s recent
advocacy as a progressive rule of acti(% in judicial matters the
rule announced and followed by Pontiffe Pilate about nineteen
hundred years ago.
M A R SH A L FOR DISTRICT OF CONNECTICUT.
(S. J. Res. 95) providing for a monument -^ T h e JIC E PRESIDENT laid before th% Senate the aniend
to commemorate the services and sacrifi'cfffi-i 6T the women o f the ment Of the House of Representatives toNtlie bill (S. 2434)
country,to the cause of the Union during the Civil W ar; to the providing for an increase of salary of the Unwed States marshal
for the district of Connecticut, which was, Ih page 1, line 5,
Committee on the Library.
to strike out “ three thousand ” and insert “ % o thousand five
A M E N D M E N T S TO RIVER AND HARBOR BILL ( H . R. 2 1 4 7 7 ) .
hundred.”
%
Mr. POINDEXTER submitted an amendment proposing to
Mr. BRANDEGEE. I move that the Senat&concur in the
construct a sh?p canal between Port Townsend Bay, Puget amendment of the House.
%
Sound, and Oak Harbor, Wash., intended to be proposed by him
The motion was agreed to.
to the river and harbor appropriation bill, which was referred
VOTES ON CONSTITUTIONAL AM E N D M EN T S
to the Committee on Commerce and ordered to be printed.
Mr. POINDEXTER. Mr. President, in connection
an adMr. SWANSON. My^colleague [Mr. M a r t i n o f Virginia] is dress by Dr. Nicholas Murray Butler, president
detained from the S en aW by illness. I submit for him six University, which has been printed recently as Sen; olumbia
Doeuamendments intended to Tvfc^proposed t o the river and harbor ment No. ’238, referring to certain statements and
appropriation bill, which I a s ^ may be printed and referred t o contained in that speech, I ask leave to have printed tistics
the
the Committee on Commerce.
R e c o r d certain papers which I hold in my hand, and
that
The VICE PRESIDENT. W itlEut objection, it is so ordered. connection to make a brief statement.
The amendments are as follows*
In this address Dr. Butler refers to the vote last
An amendment proposing to a p p recia te $21,400 for improv California adopting certain constitutional amendments, and
ing Aquia Creek, V a .;
An amendment proposing to cut throu^a Jackson Creek Bar, livers very severe strictures on the proceedings because of
alleged small vote that was cast for them. This is the addr
with a view to providing a harbor at DeltaVille, V a .;
An amendment providing for a suitable channel at Tangier, which was printed as Senate Document No. 238. He says,
page 14:
V a .;
It ha&, however, escaped
An amendment proposing to remove the bar at>the mouthy of against these revolutionary attention that the total vote cast for and
proposals was about 00 per cent of the
Nassawadox Creek so as to connect with the bay, and provide vote cast for President In 1908 or that cast for governor in 1910.
Apparently the number of people in California who are interested in
suitable channel therefor;
4 2 7 (5
CONGRESSIONAL RECORD— SENATE.
their form of government are only about six-tenths of the number that
were interested in who should be President of the United States or
who should be governor of the State. Of the 23 amendments that were
presented to the people of California on one and the same ballot, some
half dozen were genuine constitutional amendments; the rest were
utmost without exception matters of legislation, some of them very
trifling.
If you have not already seen it, I want to show you the document
that was sent by the secretary of the State of California to every reg
istered voter in the State. |Here the speaker exhibited a large sheet
closely printed on both sides.] You will observe that the State officials
who got up this amazing document did not expect it to be read by
anybody. It is solidly printed in small type on both sides of one sheet,
and there is the trifling little matter of a supplement with three or
four amendments on a separate sheet. Here are printed the questions
that were submitted not to the Court of Appeals of California, not to
the professors of political science in the State university, not even to
the legislature of the State, but to the voters ! I submit that the whole
proceeding is ridiculous.
Look at these pieces of paper. In 1908,
38G.000 voted for President in California ; in 1910, 385,000 voted for
governor. The highest vote cast, on October 10 last, for any of these
amendments was cast in regard to the amendment relating to women’s
suffrage. The total vote on that amendment was 248,000; 140,000
fewer than were polled three years before for President and 139,000
fewer than were polled two years before for governor. Women’s suffrage
was carried in California by an affirmative vote of 125,000, or 2,000
less than Mr. Bryan received in 1908, when he lost the State by nearly
90,000 majority.
Is it not obvious, then, that we are changing our form of government
in the United States by a minority vote?
I ask leave, without reading it, to print in the R ecord as a
part of my remarks a certified statement of the secretary state
of New York giving the vote cast for and against 13 amend
ments to the constitution of New York from 1905 to 1909; also
a brief statement showing the nature of the amendments, the
total vote for President, governor, justice of the court of ap
peals in elections nearest to these, from which it appears that
while Dr. Butler denounces the process of adopting constitu
tional amendments in California because only six-tenths of
those voting for President and governor voted upon the con
stitutional amendments, in his own State of New York only
one-third of those voting for President and one-fourth of those
voting for justice of the court of appeals voted upon the con
stitutional amendments. This certainly shows that if the new j
measures adopted in California, which this writer says a i /
“ sweeping away our fundamental guaranties,” “ destroying qur
fundamental principles,” and “ pulling up our institutionsphy
the root,” are to be discredited because only six-tenths of- the
voters voted upon the question, then surely every constitoafonal
amendment adopted in the State of New York from J§05 to
1909 by a much smaller percentage of the vote must bejiikewise
discredited. And the same thing applies everywherq 'to every
constitution or constitutional amendment submifcjpcl to the
p c u p ic .
people. K3 LI clJLlgt; IU ©MJ , UHC t l l i c i i i a u i c YVX11L.U. JL^ LjjtfTXJ U LJ.C1 sugStrange to say, one alternative which Dr,4Butler
gests for this is not a larger electorate and m o i voters, bu
but
that the amendment of the constitution should he left to “ the
th
nrnfoconra of political science in the State University.” That
nrUiHr-.ol soionen in tllf> Stntn TTniwo?'sitv” Thn
professors
suggestion is certainly an original one, and /a n not even be
found in the lore of the ancient world which^Dr. Butler speaks
of. He says, on page 14:
S
Here are printed the questions -which were/submitted, not to the
Court of Appeals of California, not to the,f professors of political
science in the State University, not even to t,& legislature, but to the
c
voters.
You will notice the contempt with Rich he speaks of sub
mitting a matter to_the voters IT does not seem to favor
suffrage by the people. On page 15
says:
It was no less a person than, Daniej Webster who said that “ our
American mode of government does no' raw any power from tumultuous assemblages.”
To which Dr. Butler adds:
This is true whether the tumu fiious assemblage shouts and cries
aloud on a sand lot or whether the, umultuous assemblage goes through
the form of voting at the polls.
-PRIL 4.
brought forward as a complete and conscious# program.” On
the contrary, the usual complaint is that th # program is too
philosophic and too conscious. He says it p/oposes a “ social
istic democracy.” This is a mistaken assunjption, utterly with
out any ground. It contains none of thejffoments of socialism
while the system which Dr. Butler defetfus leads directly and
inevitably to socialism. He cites Madigsm, as follows (p. 4 ) :
A republic is a government which dej^ves all its powers directly
from the great body of the people and isiadministered by persons bom
ing their offices during pleasure, for aifimited period, or during gnnu
behavior.
*
b u
Holding office “ during the plafTsure ” of “ the great body of
the people” is the principle o f/fie recall completely included in
this definition by Madison
a republic. In the same para
graph (pp. 14-15) Dr. Bujjer asserts that the constitutional
amendments adopted in California “ revolutionized the Govern
ment,” and that they ara^argely “ matters of legislation, some
of them very trifling
that there were too few voters and
that there were too nj/ny.
Dr. Butler’s spee<$fl is a delightful effort, full of literary
charm, sprightly
and interesting abuse. It is true that it
overflows with ina/curacies, misstatements, and bulls; but then
allowance oughtlfo be made for the fact that Dr. Butler lias
had little expgpfence with affairs, and has spent most of fiis
time in an ionosphere where the one great goal and object
was a la r g / endowment from some “ malefactor .of great
wealth ” o p comfortable pension from the profits of watered
steel.
Thei t/C E PRESIDENT. Without objection, the papers re
fe r r eld# by the Senator from Washington, which he asks may
/)
“
be printed in the R ecord without reading, will be so printed.
Tb£ papers referred to are as follows:
T
NEW YORK C O N STITU TIO N AL AM EN D M E N TS.
JAmendment to article 8, section 10.— Debts of New York City f01.
Water supply excepted from constitutional limit of city indebtedness
•Adopted, November 7, 1905.
Vote— for, 363,117; against, 129,424’
General election vote— For President, 1904, Republican. 859,513 ; DeZ*
ocratie, 683,981.
33J per cent.
For governor, 1904, Republican"
813,964 ; Democratic, 733,704.
’
Amendment to article 7, section 11.— Legislature may pay from funds
in treasury sinking fund charges, interest,, and principal debts hereto
fore or hereafter created ; if other suffice no direct annual tax need be
imposed. Adopted, November 7, 1905. Vote— for, 307,7G8; against
134,773.
Amendment to article 6, section 1.— Legislature may increase justices
in any judicial district, but number may not exceed 1 justice for each
60,000 or fraction over 35,000, first and second districts excepted
Adopted, November 7. 1905. Vote— for, 297,893; against, 133,999.
Amendment to article 12, section 1.— Legislature may regulate wages
hours, and conditions of labor employed by State or any civil division
or on public contracts. Adopted, November 7, 1905. Vote— for, 338,570 •
against, 133,606.
’
Amendment to article 7, section 12.— Legislature may contract debts
for improvement of highways limited to $50,000,000; counties to pav
not more than So per cent or towns 15 per cent of cost of highway
Adopted, November 7. 1905. Vote— for 383,188 ; against, 117.181. ’
Amendment to article 7, section 4.— Relating to creation and
. against,
127,364.
Amendment to article 6, section 2.— Justice of supreme court, when
not acting as appellate justice, may hold term of supreme court in any
county or judicial district in any other department of State. Adopted
November 7, 1905. Vote— for, 288,227 ; against, 125,649.
Amendment to article 8, section 10.— Debts incurred for water supply
by cities of second class after January 1, 1908, not to be included
within constitutional limit of indebtedness.
Adopted, November 5
1907. Vote— for. 352,905 ; against, 137,721. General election vote— for
justice, court of appeals, 1907, Republican, 1,180,275; Democratic
1,165,282. 25 per cent.
Amendment to article 12, section 2.— To classification of cities: First
class comprises cities of 175,000 (250,000) or more; second class
50,000 to 175,000 (250,000) ; third class, under 50,000.
Adopted’
November 5, 1907. Vote— for 309,159 ; against, 123,919.
Amendment to article 3, section 27.— In relation to the powers of the
boards of supervisors and county auditors or other fiscal officers, con
ferring further powers of local legislation and administration as the
legislature may deem expedient. Adopted, November 2, 1909. Vote_•
for, 253,774 ; against, 223,331. General election— for President, 1908
Republican, 870,070; Democratic, 667,468. 33J per cent.
Amendment to article 6, section 1 2 .— In relation to the compensation
of justices of the supreme court, Adopted, November 2, 1909. Vote—
for, 278,415 ; against. 249,576.
Amendment to article 7, section 4.— Permitting the legislature to
alter the rate of interest on debts. Adopted, November 2, 1909. Vote___
for, 279,352; against. 216,541.
Amendment to article 8, section 10.— Relating to the limitation of
the indebtedness of cities and excepting certain kinds of bonds from
computation of the debt of a city for pux’poses of such limitation
Adopted, November 2, 1909. Vote— for, 290,795; against 207,7 8l’
General election vote— for governor, 1910, Republican, 622,299 ; Demo
cratic, 689,700. For associate justice, court of appeals, 1908, Repub
lican and Democratic, 1,531,743.
be a mere matter of form with
Voting at the polls seems
Dr. Butler, anti certainly it las been a mere matter of empty
form with the people of ms iy of our cities and States. In the
recent primary in New Yc
which elected delegates to a State
convention of which Dr. ^Butler is slated to be chairman, the
citizens did not even hale the chance to go through the form
of voting.
f
Dr. Butler’s whole address is on the thesis that the people
are not competent ty govern themselves. Ho is quite pic
S
turesque in his mode/of argument against direct legislation and
the recall. It consists largely of a series of epithets, such as
“ revolutionists,” “ preposterous,” “ vicious,” “ ridiculous,” “ fool
ish,” “ stupid,” “ stupid folly,” “ outrage.”
He shows a misconception of the entire matter when he says
CO N STITU TIO N AL AM EN D M E N TS ADOPTED SIN CE JAN U ARY 1,
it is a proposition to “ change the form of government.” It is November 7, 1905:
not, but is simply to improve the administration and operation
For amendment to section 10, article 8____________________
Against------------------------------------------------------------------------------of the form of government. He complains (p. 5) that the
changes “ are not brought forward as philosophic propositions November 7, 1905: article 7 (new section)___________________
For section 11,
to be examined and passed upon in principle ” and are “ not I
A gainst-------------------------------------------------------------------------------
1902.
363,117
129, 424
307,768
134, 773
CONGRESSIONAL RECORD— SENATE.
^912.
The VICE PRESIDENT. The Secretary will call the roll on
Mr. PERKINS. I f the Senator from Kansas will permit me,
here are on the battleship Kansas— named for the State which agreeing to the amendment of the Senator from Kansas [Mr.
B r is t o w ],
he Senator in part represents— 869 men, and adding officers and
larines, there will be, say, 1,000. There are 2,944 officers on
The Secretary proceeded to call the roll.
' ie active list and 901 officers and 320 enlisted men on the reMr. CURTIS (when his name was called). I am paired with
the senior Senator from Virginia [Mr. M a r t i n ] . Not knowing
: red list. There are 45,500 enlisted men in the Navy. Does
not the Senator tbink that they are entitled to have dentists?
how he would vote on this question, I withhold my vote.
Mr. BRISTOW. Of course I think they are entitled to have
Mr. BRYAN (whep Mr. F l e t c h e r ’ s name w a s called). My
dentists, but I dp not think Ahat a dentist is entitled to be re colleague [Mr. FLiprciiER] is necessarily absent on business of
/
j#
tired as an officer of tJ u- Navjhfbecause he is not an officer of the Senate.
Lx
the Navy. He ife there to transact civil, business, and he ougkt
Mr. GUGGENHEIM (when his name was called L I ty re a
to be paid a reasonable and liberal compensation |*r the,Service general pair with the sfnio|, Semftof fro|n Iymdu ckyi |Mr.
that he renders
P ayntek ], who is uifftYoiftnbty derainM". So I \hthboldMny
3d at three-quarters pay vote.
M
M|. PERKIN
afteivSO years’ service.
\
Mr. HEYBURN (when his name was called). I have a pair
Mr. BRISTOW. There ai*e a good many men being retired with the,benior Senator from Alabama [Mr. B ankhead ]. I do
now who are in perfect health, and I am objecting to padding not see him in the Chamber. So I withhold my vote.
and increasing thesretired list o f the Army and Navy by civil
Mr. fty)DGE (when his name was called). I have a general
pair with the Senator from Ngjr York [Mr. O’Gorman ]. I
employees.
_
Mr. LODGE. Mr. President----- tra n te r , tfiat
tc| ,4^ e^ f^ atqr from Rhode Island [Mr.
The VICE PRESIDENT. Does t » Senator from Kansas Wetmorl], and Vot
Mr. SWANSON (when the nFTroe of Mr. M a r t i n of Virginia
yield to the Senator from Massachusetts?
was called). My colleague [Mr. M a r t i n ] is detained from the
Mr. BRISTOW. I do.
Mr. LODGE. It seems rather late to make the objection as Senate on account of illness in his family. He is paired with
to civil employees, when we have done the same thing in , so the senior Senator from Kansas [Mr. C u r t i s ] .
Mr. NELSON (when his name was called). I have a general
many other cases in the Navy and in the Army. We had the
contract-surgeon system in the Army and Navy. It was aban pair with the senior Senator from Georgia [Mr. B a c o n ] . Not
doned because it was found to be expensive and they were an knowing liow he would vote I withhold my vote.
M r . SIMMONS (when Mr. O v e r m a n ’ s name w a s c a l l e d ) .
My
inferior class of men. It was given up because we could not get
the sort of men ive ought to have, and the other system was colleague is absent on business of the Senate.
Mr. PERKINS (when his name was called). I have a general
adopted because we got a better class of men by offering them
pair with the senior Senator from North Carolina [Mr. O v e r
this amount of security.
It seems to me that 62 years, after a man has been engaged m a n ] . He informed me that he is in favor o f this bill as re
in a profession which requires the very highest manual dex ported by the committee. I will therefore vote. I vote “ nay.”
terity, is not an age of extreme youth. It is a very moderate age
Mr. SMITH of Michigan (when his name was called). I am
for a Senator, but not so great an age, I think, for a surgeon. paired with the junior Senator from Missouri [Mr. R e e d ] . I
I think it is well enough to retire him at 62.
transfer that pair to the Senator from Connecticut [Mr. B r a n d e Mr. BRISTOW. Mr. President, I do not careMo delay to any g e e ] , and vote. I vote “ nay.”
unreasonable time the consideration o f the bill. I simply want
Mr. SHIVELY (when Mr. S t o n e ’ s name was called). The
to enter my protest, and I ask for a vote upon this amendment senior Senator from Missouri [Mr. S t o n e ] is paired with the
to cut out the provision for the retirement o f these dentists as senior Senator from Wyoming [Mr. C l a r k ] .
naval officers.
Mr. CHILTON (when Mr. W a t s o n ’ s name was called). My
Mr. PERKINS. I wish to state that this bill has been recom colleague [Mr. W a t s o n ] is paired with the Senator from New
mended by the past four administrations. The Surgeon General Jersey [Mr. B r i g g s ] . My colleague is necessarily absent from
of the Navy in each administration has recommended the pas the Chamber.
sage of this or a similar bill.
The roll call was concluded.
The VICE PRESIDENT. The question is on agreeing to the
Mr. DILLINGHAM. On account of my general pair with the
amendment offered by the Senator from Kansas. [Putting the senior Senator from South Carolina [Mr. T i l l m a n ] , I withhold
my vote.
question.] The noes appear to have it.
Mr. JONES. I was requested to announce that the junior
Mr. BRISTOW. I ask for a roll call.
The VICE PRESIDENT. The Senator from Kansas demands Senator from Kentucky [Mr. B r a d l e y ] is unavoidably absent.
He is paired with the senior Senator from Florida [Mr.
the yeas and nays on agreeing to the amendment.
F letch er]
The v e i l s and m i v s were not ordered.
*I The VICE PRESIDENT. - The amendment is rejected.
T
“N t Mr. LIPPITT (after he had voted in the negative). I have
Mr. BRISTOW. I move to insert in line 12, on page 5, after \ general pair with the junior Senator from Tennessee [Mr
the word “ retirement,” the words “ at the age o f 70 years.”
JL e a ]. At the time my name was called I . did not notice his
^ T h e VICE PRESIDENT.
The Secretary will state^,tyu**fabsence from the Chamber. I therefore recall my vote.
Mr. WARREN. I desire to state that my colleague [Mr.
Mr. BRISTOW. It increases the retirement age from 62 C l a r k of Wyoming] is absent from the C ham ber-tu^is paired
with the senior Senator from Missouri [Mr. S t o n e ] . ■to 70.
The result was announced—yeas 36, nays 18, as follow s:
The S e c r et ar y . On page 5, line 12, after the word “ retire
ment,” insert “ at the age of 70 years.”
YEAS— 36.
The VICE PRESIDENT. The question is on agreeing to the Ashurst
Simmons
Jones
Chilton
Smith, Aria.
Martine, N. J.
Clarke, Ark.
Borah
amendment proposed bv the Senator from Kansas.
Smith, Ga.
Myers
Crawford
Bourne
Mr. BRISTOW. I ask for a roll call on this amendment. /
Smith, Md.
Page
Culberson
Bristow
Percy
Sutherland
The yeas and nays were ordered.
Cummins
Brown
Poindexter
Swanson
du Pont
Bryan
Mr. CULBERSON. Let the amendment be read again. /
Pomerene
Townsend
Fall
Burton
The VICE PRESIDENT. Without objection, the Secretary Catron
Rayner
Williams
Gronna
Shively
Works
will again read the amendment.
Hitchcock
Chamberlain
The S ec r et ar y . On page 5, line 12, after the word “ r ;tireNAYS— 18
Nixon
ment,” insert the words “ at the age of 70 years,” so tl it if Burnham
Gamble
Smith, Mich.
Oliver
Gardner
Thornton
Crane
amended it will read :
Penrose
Johnson, Me.
S e c . l i . That all officers authorized by this act shall be eligil le to
retirement at the age of 70 years in the same manner and undef the
same conditions as officers of the Medical Corps of the Navy :% P rov id ed , etc.
Cullom
Foster
Gallinger
Mr. CUMMINS. Mr. President, I have just one observation
to make. There has been a great deal of discussion withlrespect to the retirement of civil-service employees at a certain
oge and providing some compensation for them after that time.
There has never been a suggestion that the general civil-servf*e
employees should be retired under 70 years o f age, and there Is
do reason why a person in the Navy pursuing a purely civ^
employment should be retired at a less age than by the con-5
^
sensus of opinion is applied to general civil-service employees.
Bacon
Bailey
Bankhead
Bradley
Brandegee
Briggs
Clapp
Clark, Wyo.
Curtis
Davis
X L V III------ 269
Perkins
Root
NOT VOTING— 40.
Dillingham
Lea
Dixon
Lippitt
Fletcher
Lorimer
Gore
McCumber
Guggenheim
Martin, Va.
Heyburn
Nelson
Johnston, Ala.
Newlands
Kenyon
O'Gorman
Kern
^Overman
La Follette
v Owen
Lodge
McLean
So Mr. B ristow’s amendment was agreed to.
Warren
Paynter
Reed
Richardson
Smith, S. C.
Smoot
Stephenson
Stone
Tillman
Watson
Wetmore
Tlie bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the thirid time, and passed.
econom y\
nd
e f f ic ie n c y
in
\
the
governm ent
s e r v ic e
( i i . doc.
NO. 6 7 0 ) .
pension agencies and from the adoptH/f of a plan in accordance
with which pensions would be pa^r by the Pension Office in
Washington.
.
D IST R IC T L A N p O FFICES.
What is true in the matteryOf payment of pensions is also
true in the service under tliafGeneral Land Office. The fielq
service of this office could tu more efficiently arid economically
p
operated if it were provided by law that the office of receiver
of district land offices bn^ibolished and the duties transferred
to the register, assisted^by a bonded clerk, and the register
placed in the classifijfl service. It has several times been
estimated that more Ulan $200,000 would be saved annually and
the efficiency of the^fcrvice greatly increased by the adoption of
such a plan.
The VICE lUtESIDENT laid before the Senate the following
message from the President of the United States, which was
read and referred to the Committee on A p p r o p r i a t i o n s and
ordered to he printed :
To the Senate and faqnse of Representatives:
On the 17th of January last I sent a message to the Congress
describing the work of fke commission appointed by me under
IN TlJfN AL-REV EN U E AND CU STO M S O FFICES.
authority of the acts of June 25, 1910, and March 3, 1911, grant
Large expenditures are made for salaries of political ap
ing appropriations to enabltKme to inquire into the methods "of
transacting the public business of the various executive depart pointees in the/nternal-revenue and customs services. In both
ments and other governmental* establishments, and to make services a diwet saving in salaries, and an indirect economy
report as to improved efficiency, and greater economy, to be through inerfased efficiency, would follow a transfer of such
obtained in the expenditure of mOney for the maintenance of offices to tt# classified service.
O THER LOCAL O FFICES.
the Government. By way of illustrating the utility of the
commission, and the work which they were engaged upon, I
In t h it h e r field services the saving which would result from
referred to a number of reports which'Jliey had fded, recom the classification of the local officers under the departments is
mending changes in organization of the^lepartments and bu not asr marked or probably capable of as exact estimation as
reaus of the Government, the avoidance*. of duplication of in tl^Bse mentioned, but there is no doubt that substantial savfunctions and services, and the installation\f labor-saving de ingsTwould follow. It is not to be doubted that where no saving
vices and improA’ed office methods. All of the ^recommendations w^uld result the classification of the local officers would in
looked to savings of considerable amounts. With the message
case the efficiency of the service. It would be desirable also
of February 5. 1912, I transmitted to the Congro’s^ the reports to place all marshals, deputy marshals, and assistant attorneys
on the centralization of distribution of Governmen^documents, in the classified service, although but little direct economy
on the use of window envelopes, and on the use of a photo-/ would result. Supervising inspectors in the Steamboat-Inspec
graphic process for copying records.
N
k
/
tion Service and the members of the field service in the Bureau
A number of the reports of the commission had not th’fep bqpn of Fisheries should be placed in the classified service.
commented on by the heads of the departments that wofilffinbe
C O M M IS S IO N ’ S REPORT ON LOCAL O FFICES.
affected by the changes recommended, and therefore I didfnot
The report on methods of appointment submitted to me by
feel justified at that time in recommending to the Congress the the commission, which covers fully the subject of appointments
statutory amendments necessary to carry out the recommenda by the President by and with the advice and consent of the Sen
tions of the commission. Since then, however, I have received'^ ate, and recommends that various local officers, such as post
the recommendations of the heads of departments, and/I trans masters, collectors of internal revenue, etc., and heads of
mit this message for the purpose of expressing my approval of bitreaus in the departmental service, be included in the classithe changes recommended by the commission and of laying fiedCservice, is transmitted herewith (Appendix No. 1). The
before the Congress the reports prepared by the commission.
report and recommendations are approved by me.
L
ocal
O f f ic e s
Sh ould
be
in
th e
p o st o f f ic e s .
C l a s s if ie d
J e r v ic e .
s
/
^ L E G I S L A T I O N NEEDED TO E ST A B L IS H T H E M E RIT SY ST E M .
In the*-,interest of an efficient and economical administration
I have several times called attention to the advantages to be of the vast business of the Government, I urge the necessity f0r
derived from placing in the classified service /he local officers the inauguration of this important reform, and recommend that
under the Departments of the Treasury, of I^ e Post Office, of the necessary , amendments be made to the laws governing ap
H
Justice, of the Interior, and of Commerce apd Labor. In my pointments, srieh amendments to take effect not later than July
message submitted to the Congress on January 17 I referred to 1, 1913, so that there may be secured to the people the benefits
the loss occasioned to the Government becq/ise of the fact that to be derived from a conduct of their affairs by officers selected
in many cases two persons are paid for driing work that could on a merit basis rind devoting their time and talents solely to
easily be done by one. In the meantime I have caused an the duties of their offices.
inquiry to be made as to the amount J money of this loss.
fn
CONSOLIDATION OB1 L IG H T H O U S E AND L IF E -SA V IN G SERVICES.
^
The results of this inquiry are that the/oss amounts to at least
The commission’s report (Appendix No. 2) recommends that
$10,000,000 annually. For example, it appears that a very sub the Life-Saving Service \ f the Department of the Treasury be
stantial economy would result from putting experienced and discontinued as a separate organization and that the mainte
trained officers in charge of the first and second class post nance and operation of th&Jife-saving stations of the country
offices instead of selecting the postmasters in accordance with be made one of the duties orvtlie Bureau of Lighthouses of the
the present practice. As the annual operating expenses of the Deliartment of Commerce and\Labor. I concur in this recom
first and second class offices aggregate the enormous sum of mendation and urge that the necessary legislation for carrying
more than $80,000,000, undoubtedly if the postmasters of these it into effect be enacted.
offices were embraced in the classified service, and required to
Both of these services are organflred and maintained for the
devote all their time to the public service, the annual savings same general purpose— the protect!^ of life and property
would eventually represent many millions of dollars. The endangered along the coasts and other -navigable waters. Both
saving in salaries alone, not faking into account any saving due maintain stations along the coast, whia^i are located for the
to increased efficiency of /peration, would amount to about most part in close proximity. Both have substantially the same
$4,500,000. At the presen/time the salaries of postmasters of business problems to meet in locating, constructing, and main
the first and second class/amount to $6,076,900, while the sal taining these stations; in recruiting the persosmel; in manufac
aries of assistant postn/isters of the same classes amount to turing or purchasing equipment; in purchasing*,, housing in de
$2,820,000. If the posi/ion of postmaster were placed in the pots, and distributing supplies; in operating a ^eld-inspection
classified sendee and those officers were given salaries equal to service; in maintaining telephonic and other means of commu
20 per cent more thari’ the salaries now given to the assistant nication; in disbursing funds; in keeping proper oyoks of ac
postmasters, the latter position being no longer required, there counts; and in rendering reports showing financial and other
would be a saving, in salaries to the Government of $4,512,900. transactions. The maintenance of two separate services, as at
In the case of postmasters at offices of the third class a large present, means a duplication of organization in respect to all of
annual saving could be made.
these operations. The recommendation of the commission does
t e n s io n a g e n c ie s .
not contemplate any essential change in the work of the life
An annual saving of nearly $62,000 could be made if the posi saving stations; it is for the transfer of the business manage
tion of pension agent were placed in the classified service, since ment of these institutions to the Bureau of Lighthouses. That
the work now done by a pension agent at a salary of $4,000 and bureau, being fully organized for the administration of stations
a chief clerk at a salary ranging between $1,400 and $2,250 of this character, will be able to direct and manage these sta
could easily be done by one person in the permanent classified tions with comparatively little addition to its present force and
service at a salary varying from $2,100 to $3,000. Greater equipment. The commission estimates that, in addition to the
economy and efficiency would result from the abolition of the advantage that will be obtained through having these two serv-
1912
CONGRESSIONAL RECORD— SENATE
4323
By Mr. CHILTON:
Hr. NELSON, from tlie Committee on Commerce, to which
■*vas referred the bill (II. It. 21170) granting to El Paso &
A bill (S . 6195) for the relief o f Granville Perry; and
Southwestern Railroad Co., a corporation organized and exist
A bill (S. 6196) for the relief of the heirs o f Russell W hite;
ing under Ihe laws of the Territory and State of Arizona, a to t'&e Committee on Claims.
right of walkthrough the Fort Huachuca Military "Reservation,
A ‘hill (S. 6197) granting a pension to Sarah Hunter;
in the State
Arizona, and authorizing said corporation and
A tpll (S. 6198) granting a pension to M. C. Jenkins;
its successors qr assigns to construct and operate a railway
A bill (S. 6199) granting a pension to Lucinda Patterson;
through said ForWlIuachuca Military Reservation, and for other
A bill (S. 6200) granting a pension to John B. Broinley;
purposes, asked tcWje discharged from its further consideration
A bill (S. 6201) granting a pension to Mary M. Pollard; and
and that it be r e i n e d to the Committee on Military Affairs,
A bill -^S. 6202) granting an increase of pension to James A.
which was agreed
Mahaffy frto the Committee on Pensions.
Mr. N E L S O N , from^khe Committee on Commerce, to which
a m e n d m e n t s t o r iv e r a n d h a r b o r b i l l ( h . r . S i 4 7 7 ) .
were referred the following bills, reported them each with an
Mr. OLIVER submitted an amendment relative to the survey
amendment and submitteSfcreports thereon:
S. 5883. A bill to exteniMthe time for the completion o f a of the Schuylkill River, Pa., from the Delaware River to Gib
bridge across the Missouri iqiyer at Yankton, S. Dak., by the sons Point, Sic., intended to be proposed by him to the river
and harbor appropriation bill, which was referried to the Com
Yankton, Norfolk & Southern Jfcailway Co. (Rept. No. 586) ; and
on Conrtuerce and ordered to be printed.,:
S. 5882. A bill to extend th^jtime for the completion of a mittee JOHNSON o f Maine submitted an amendment proposing
bridge across the Missouri R iverfet or near Yankton, S. Dak., to Mr.
appropriate $%500 for improving South Bristol Harbor, Me.,
b.y the Winnipeg, Yankton & Gil& Railroad Co. (Rept. No intended to be proposed by him to the riverjfthd harbor appro
5S7).
priation bill, w hi% was referred to tlie Committee on Com
Mr. NELSON, from the £ommittelSk.on Commerce, to which merce and ordered % be printed.
>
were referred the following bills, repotted them each without
Mr. BURTON sulbaiitted an amendment® uthorizing the Sec
amendment and submitted reports there
retary o f War to retort as to the advisability of the west
H. R. 20486. An act authorizing the construction of a bridge breakwater in Kaliultk IlarBor, H a w a # etc., intended to be
across the Willamette River at or near NSfeberg, Oreg. (Rept proposed by him to t % river and l i a j o r appropriation bill,
No. 5S8) ; and
which was referred to % ie Committed* on Commerce and or
H. R. 202S6. An act authorizing the fiscal^court of Pike dered to be printed.
County, Ky., to construct a bridge across RusSfii Fork of Bi
Mr. PERKINS submitte^an amendment proposing to appro
Sandy River (Rept. No. 5S9).
priate $200,000 for improving the hupbor at Nawiliwili, Hawaii,
Mr. WILLIAMS, from the Committee on Militant Affairs, to intended to be proposed by S m to the river and harbor appro
Which was referred the bill (S. 5991) to authorize tfte W ar De priation bill, which was refernfcd to the Committee on Commerce
partment to use the unexpended balance o f appropriations here and ordered to be printed.
\
tofore made by Congress for the construction o f a Navy memo
Mr. BANKHEAD submitted ap amendment proposing to lease
rial in the Vicksburg National Military Park, and for other to the Birmingham Water, Lighfcjjk Power Co. the Government
Purposes, repbrted it with an amendment and submitted ^ r e right in and to the water pow ei^reated by Dams Nos. 16 and
OU
port (No. K C fhnrnnn
599) thereon
•
ssLT on the Black W arrior Rivegf % a., etc., intended to be pro
LANDS OF C HO CTAW AND C H IC K A S A W N AT IO N S.
posed by him to the river an$lharfopr bill, which was referred
Mr. OWEN. From the Committee on Indian Affairs I re- totthe Committee on Commerce and ordered to be printed.
Jr. NELSON submitted an amendment proposing to approport back favorably, without amendment, the bill (S. 6078)
amending the act entitled “ An act to provide for the sale of the pi ate $15,000 for completin«:constru<^ion o f lowT reservoir dam
surface of the segregated coal and asphalt lands of the Choc at Gull Lake, Minn., etc., intended t<V;be proposed by him to
taw and Chickasaw Nations, and for other purposes,” approved tt river and harbor appropriation billfhwhich was referred to
and ordered:; to be printed.
February 19, 1912. It is a short bill, and I ask unanimous con th§ Committee on Comme
sent for its present consideration.
v a n c o u ; r b a r r a c k s , w j& s ii.
The VICE PRESIDENT. The bill will be read for the infor
an amendment intended to be proIr. DU PONT submij
mation o f the Senate.
(S. 4663) to aut%>rize and empower
piped by him to the
The bill was read, as follow s:
tl: Secretary o f War
locate a right of w % for and to grant
he i t en a cted , e t c ., That section 1 of “An act to provide for the sale tl
same and the i
to operate and main min a line of rail01. the surface of the segregated coal and asphalt lands of the Choctaw
;aph, and electric-transmission lines
and Chickasaw Nations, and for other purposes,” approved February nftd, telephone,
rracks and Military Reservation, in the
tl 'ough Vancouver
3912, be, and the same is hereby, amended by adding thereto:
“ A n d p ro v id e d fu r th e r , That where any cemetery now exists, land
to Washington-Oregon Corporation, its
S ite of Washing!
adjoining same, not exceeding 20 acres, may be sold at its appraised
which was ordered to li&.,on the table
'"alue to some suitable person as trustee as an addition to such si ccessors and ass;
a fd be printed.
h
cemetery.”
PROMOTION OF INTER N ATIO N AL ARBITRATION^1.
The VICE PRESIDENT. Is there objection to the present
consideration o f the bill?
•
'Mr. BURTON Jmbmltted an amendment proposing to appro
There being no objection, the bill was considered as in Corn- priate $2,500 forUhe contribution o f the United States, toward
mil tee of the Whole.
tie maintenance o f the Bureau o f the Interparliamentary
The bill was reported to the Senate without amendment, Union for the Promotion o f International Arbitration at.Brus
ordered to be engrossed for a third reading, read the third sels, Belgium, intended to be proposed by him to the diplomatic
tffue, and passed.
and consular . appropriation bill (H. R. 19212), which was
: t ordered to lie bn the table and be printed.
Bills
by unaninjjMis
yPTTHDRAWAL OF PAPERS---- PRESTON SH ARP.
consent, the second time, and referred as follow s:
^
On motioa of Mr. G a m b l e , it w a s
By Mr. C RA W FO RD :
O rd ered , That the papers accompanying Senate hill 5928, Sixty-second
A bill (S. 6190) granting a pension to Isaac N. (hprifort (with Congress, granting an increase of pension to Preston Sharp, he with
drawn from the files of the Senate, no adverse report having been made
accompanying papers) ; to the Committee on PejjVons.
thereon. . /
By Mr. GRONNA:
f W IT H D R A W A L OF PAPERS---- W IL L IA M C. REEVES.
o f certain lands
. A bill (S. 6191) to provide for the dis;
On motion o f Mr. G a m b l e , i t w a s
Dak.; to the Cornin the Fort Berthold Indian Reservatl
O rd ered , That the papers accompanying Senate hill 5928, Sixty-second
hiittee on Public Lands.
Jt
Congress, granting an increase of pension to \ llliam C. Reeves, be with
Y
By Mr. ASHURST :
J& '
drawn' from the files of the Senate, no adverse -report having boon made
A bill (S. 6192) to provide fog^the purchase o f a site for a thereon.
CONSERVATION OF H U M A N LIFE ( S . DOC. NO. 4 0 3 ) .
Public building in the city offj^rescott, A riz.; to the Committee
°n Public Buildings and CUo&nds.
Mr. £>WEN. I present a memorial relating to the conserva
By Mr. WATSON:
tion of human life as contemplated by the bill (S. 1) providing
A bill (S. 0193) grajtjt^ig an increase o f pension to George W, for a department o f health. I move that the memorial be
James (with accompanying paper) ; to the Committee on Pen printed as a Senate document,
sions.
he motion was agreed to.
By Mr. SM Q0T:
A bill (S^UiOl) to amend section 2322 o f the Revised Stat
The VICE F ltFNf 17b:AT' TrUdUeTore it!)e Senate the action of
utes of tlie-United States, relating to mineral locations; to the
the House o f Representatives disagreeing to the amendment of
Committee on Public Lands.
CONGRESSIONAL RECORD— SENATE.
A
pril
5
Air. JONES. Air. President, I desire to say that the Senator
the Senate to the bill (H. R. 1) granting a service pension to
certain defined veterans of the Civil War and the War with from Kansas does not want to avoid hot weather any more
Mexico, and requesting a conference with the Senate on the than I do.
T H E M ET AL SCHEDULE.
disagreeing votes of the two Houses thereon.
Mr. McCUMBER. I move that the Senate insist on its
Air. PENROSE. I am directed by the CommiHee on Finance
amendment to the bill, consent to the conference asked by the to which was referred the bill (II. R. 1SG42) to amend an act
House, and that the Chair appoint the conferees on the part of entitled “An act to provide revenue, equalise duties, and en
the Senate.
courage the industries of the United States^pftnd for other pur.
The motion was agreed to, and the Vice President appointed poses,” approved August 5, 1909, to submif an adverse report
Mr. A I c C u m b e r , Mr. B u r n h a m , and Mr. G o r e conferees on the (No. 591) thereon. I ask that the bill be pinced on the calendar
part of the Senate.
The VICE PRESIDENT. The bill #H1 be placed on the
calendar.
S
H OO KW O RM AND SOIL POLLUTION.
Air. SIAIAIONS. In the absence ofjfh e Senator from Texas
The VICE PRESIDENT laid before the Senate the following
concurrent resolution (No. 40) of the House of Representatives, [Air. B a i l e y ] , who is the ranking m i# rity member of the Com
mittee on Finance, I desire to say tfiat the majority report of
which was read and referred to the Committee on Printing:
the committee was not submitted tdpEhe minority members until
R esolv ed by the H o u se o f R ep resen ta tives ( the S en ate con currin g ) ,
That there he printed for the use of tho House of Representatives 5,000 yesterday and that the minority w$n, just as soon as the Senator
copies on manila paper of a wall chart on hookworm and soil pollution, from Texas can prepare the report, present a minority report
and that the same he distributed through the folding room of the House in favor of the House bill.
of Representatives.
Air. CUA1AIINS. Air. President, at the proper time I intend
M E X IC A N COTTON-BOLL W EEVIL.
to offer amendments to the ljsni just reported by the chairman
The VICE PRESIDENT laid before the Senate the follow of the Committee on F in a i^ [Mr. P e n r o s e ] , proposing to re
ing concurrent resolution (No. 47) of the House of Representa vise the metal schedule, amt I should like to ask the chairman
tives, which was read and referred to the Committee on Print of the committee about wjiat time he expects to bring the bill
ing :
before the Senate for consideration? I think we ought to have
R esolv ed b y the H o u se o f R ep resen ta tives (th e S en ate con currin g),
all the information we oftn on that subject in order that we may
That there be printed 30,000 copies of the message of the President of prepare for the discuafion.
the United States of date February 12, 1912, transmitting a communica
Mr. PENROSE. Aljf. President, I do not know that I am the
tion from the Secretary of Agriculture submitting a report on the
Mexican cotton-boll weevil, together with said report (S. Doc. No. 305), individual to whoirasucli an inquiry should be addressed, as
of which 10,000 copies shall be for the use of the Senate, to be dis the majority of $ 0 Committee on Finance has reported ad
tributed through the Senate document room, and 20,000 copies for the
Just what the friends of the measure
use of the House of Representatives, to be distributed through the House versely on the till.
document room.
propose to do with it, I am not in a position to explain. I take
SENATOR FROM IL L IN O IS .
it that the bilybeing on the calendar, will, from time to time
be the’ subject of speeches by different Senators interested hi
The VICE PRESIDENT. Is there other morning business?
Mr. BRISTOW. Mr. President, I should like to inquire of the subject i s may suit their convenience and the convenience
the Committee on Privileges and Elections about when we may of the Sen^fte.
Air. CU^IAIINS. Air. President, I supposed, notwithstanding
expect a report on the Lorimer case? I do not see the chair
man of the committee present, and I ask the question of some the facteuiat the report was an adverse one, that the measure
member of the committee or of the subcommittee who may be was sti^ in charge of the chairman of the Committee on Finance
I a m /ir e that his wishes with regard to the time for bringing it
present.
Mr. JONES. Mr. President, I did not understand the Senator on ftn* discussion would be heeded by the Members of the SenataT Of course we can fix no definite day now, but if he could
from Kansas.
ggest about when the bill would be brought up for either
Mr. BRISTOW. My inquiry was about when we may expect
mendment, passage, or for indefinite postponement, I think it
a report on the Lorimer case. I understood that the com
would be helpful to those of us who are expecting to have some
mittee had reached a conclusion in the matter a week ago, an
thing to do with its ultimate disposition.
I was inquiring when the report would be submitted to t
Air. PENROSE. Air. President, so far as I have any informa
Senate.
Mr. JONES. Mr. President, I desire to say that the chair tion on the subject, several Senators have advised me that they
man of the committee is not now on the floor, but I can assure expect to speak upon this measure in opposition to it. Just
the Senator from Kansas that the report will be p rep a id and when they will be ready to do so I am not at this time advised.
submitted to the Senate just as soon as it is p ossib le^ do so. I will, however, be glad to confer with the Senator from Iowa
The chairman is putting in practically all of his timdfin getting and try to suit his convenience in arranging about the disposition
the report ready, and there will be no unnecessary <hfiay. There of the measure so far as I have any jurisdiction over it.
All*. CUAIMINS. Very well. Any time will suit me; but I
are about 9,000 pages of testimony in the record^nd the Sen
ator from Kansas can realize that it is quite a Jask to prepare think, in view of the other business before the Senate, that it
and submit a report in such a case. We are, Jjgwever, going to would be very desirable if we could know a little while iu
advance when the bill is expected to be taken up for disposal.
do it just as soon as possible.
All*. SIAIAIONS. All*. President, I think I can say to the Sen
Mr. BRISTOW. The reason I make the inquiry is that time
is passing; the first week of April is almosffgone, and I do not ator from Iowa that the minority report will be in some time
think the Senate desires to spend another summer in Washing about the middle of next week; certainly toward the latter part
ton; but there is the Lorimer case, nmjftlieu w e have not had of next week. I think it is the desire of the minority members
T
from the Committee on Finance a re|s5rt on any of the tariff of the committee that the matter shall be taken up by the Senate
bills. It seems to me that unless
expedite business some for discussion just as soon after the minority report is filed as is
what we shall soon have a congesi^ein which will keep us here possible. There does not now seem to be very much business of
importance before the Senate, and it seems to^rne that it is a
until August.
J?
Dir. JONES. I will say that, so far as the time of the Com
mittee on Privileges and Elections is concerned, I have speut
almost a year on that committee and on this case; I have
attended every meeting of t^ii committee every day; and l am ment. I repeat, I believe we shall have the report in next
just as anxious to get through with it as is the Senator from week, and I do not see any reason why we should not be able to
Kansas. The chairman ojfthe committee is now present, and I' take up the bill the week after next.
Air. PENROSE. All*. President, so far as I am concerned, I
think he will bear me c?tat in stating that this report will be
hall cheerfully cooperate with tho Senator from North Carolina
prepared and submitted^ as soon as it can justly be prepared
to expedite action on the bill and have it taken up at the very
and submitted.
/r
Air. BRISTOW. I might add, for one, that I should regret earliest possible date.
Air. CUAIMINS. All*. President, I assume, then, that nothing
to be compelled to/spend another summer in Washington. I
am now serving i w fourth year in the Senate, and every sum will be done with respect to the bill, unless some Senator desires
mer since I liavje been a Alember has been spent in session. to speak generally upon it, until the week after next.
We have now tjpo Lorimer case, the tariff bills, and other im
Air. SIAIAIONS. I should assume not; yet I do not see any
portant legislation to consider, and unless we get at that busi reason why, if any Senator wishes to address the Senate upon
ness soon we -hhall have hot weather with us, and then we will the bill he should not do so next week, although we may not
find ourselves struggling through another summer to conclude then have the minority report in.
our w o rk ./S o far as 1 am concerned, I shall oppose any ad
All*. CUAIAIINS. I am not so much interested in speeches on
journment' until we dispose of the Lorimer case and other the subject as I am in action upon it, though I do not think I
important legislation.
1912.
CONGRESSIONAL RECORD— SENATE.
Tlie foregoing findings were, witli tlie accompanying papers,
referred to the Committee on Claims and ordered to be printed.
The PRESIDENT pro tempore laid before the Senate com
munications from the assistant clerk o f the Court of Claims,
transmitting certified copies of the findings o f fact filed Ijy the
court in the following causes:
Emmet W. Smith v. United States (S. Doc. No. 512) ;
Ambrose B. Williams v. United States (S. DOc. No. 513) ;
Abram Epstein v. United States (S. Doc. Np. 514) ;
Nelson F. English v. United States (S. Dog,' No. 515) ;
Stephens A. Ingles v. United States (S. Doc^No. 516) ;
John Glanzmann v. United States (S. DoegpNo. 522) ;
Dennis Kelly v. United States (S. Doc. Nj® 517) ;
Sidney B. Williams U United States (S. abc. No. 520) ;
.
Forest Crocket v. United States (S. D oc.JK o. 521)
Moses Molette v. United States (S. Doc,jFta. 519)
No. 523)
Henry C. Mace v. United States (S. D
Doc. No. 531) ;
William G. Singleton v. United States
No. 518) ;
John Pinckney v. United States ( S. D
No. 541) ;
Fred II. Collins v. United States (S. I
William II. Parker v. United States ( Doc. No. 526)
c. No. 542) ;
Alfred Strange v. United States (S.
Ezra T. Marney v. United States (S.J oc. No. 540) ;
Doc. No. 525)
William M. Terrill v. United States I
John J. O’Neill v. United States (SjpDoc. No. 527) ;
William F. Burns v. United Statesf f i . Doc. No. 528)
Harry E. Drake v. United States fg . Doc. No. 530) ;
James Downing v. United States Jfe. Doc. No. 529) ;
Perry McCarty v. United States E Doc. No. 532)
Joseph M. Mohr v. United States £S. Doc. No. 524)
(S. Doc. No. 584) :
William G. Govan v. United Statj
Joseph M. Taylor v. United Stafc (S. Doc. No. 533) ;
Joseph A. Decatur v. United SR 5s (S. Doc. No. 535)
Doc. No. 537 ) ;
Silas S. Myers v. United States
John Jordan v. United States (S. Doc. No. 538) ;
Erbin P. Higgins v. United States (S. Doc. No. 539) ;
Stephen A. Smith v. United States (S. Doc. No. 536) ;
Willis E. Stimson v. United ^States (S. Doc. No. 543) ;
William II. Witta v. United; States (S. Doc. No. 546) ;
Sandy Hester v. United Stales (S. Doc. No. 544) ;
Thomas Thompson v. United States (S. Doc. No. 545) ;
Louis Pryor v. United Slices (S. Doc. No. 509) ;
George King v. United s|fites (S. Doc. No. 508) ;
James E. Rogers v. U nijid States (S. Doc. No. 507) ;
George Jacobus v. United States (S. Doc. No. 505) ;
David D. Ilannegan v. United States (S. Doc. No. 504) ;
John Brown v. United States (S. Doc. No. 498) ;
Lemuel Gay v. UnitedJStates (S. Doc. No. 506) ;
Olaf Swanson v. United States (S. Doc. No. 502) ;
Wilson It. Scribner reu nited States (S. Doc. No. 501) ;
Fergus McCarthy n^tlnited States ( S. Doc. No. 497) ;
Jacob Renner v. Ujjrted States (S. Doc. No. 499) ;
John W. Graham ig United States (S. Doc. No. 500) ;
Charles B. C arter#. United States (S. Doc. No. 547) ; and
Llewellyn IC. WeLffier v. United States (S. Doc. No. 503).
The foregoing fijfin g s were, with the accompanying papers,
referred to the Committee on Claims and ordered to be printed.
4389
He also presented a petition o f the Chamber o f Commerce of
the State of New York, praying that an appropriation JTe made
for the improvement and deepening of the channels in Nhw York
Harbor, which was referred to the Committee on Cointaerce.
• Mr. GALLINGER presented the petitions of D. E i’Danforth
v
a\al M. P. Baker, of North Weare, N. II., praying f<q£the enact
ment o f an interstate liquor law to prevent the mwBlication of
Sti^e liquor laws by outside dealers, which were rtfferred to the
Committee on the Judiciary.
iacostia CitiH a a lso presented resolutions adopted by the
zens’ Association, of the District of Columbia, fa ring an appro*priatiok for the maintenance of the Columbia jhospital, Washington, ID. C., which were ordered to lie on the j Stale.
He allfe presented a petition of Local Grange *No. 48, Patrons
o f Husbandry, of Antrim, N. II., praying for tfee establishment
o f a parcel-post system, which was referred to the Committee
on Post OlfS^-es and Post Roads.
He also presented a resolution adoptedjjtty the Anacostia
Citizens’ Assnyiation, of the District of Columbia, remonstrating
against the assessment of property in t h s p eastern section of
Washington, Dx C., to pay for parks, w liic#w as referred to the
Committee on t\e District of Columbia. W
Mr. CULLOM\resented a petition of Jpboney Bay Camp, No.
8, Department o^tlllinois, United Spanish War Veterans, of
Rock Island, 111., \ i d a petition of GwA. York Camp, No. 14,
Department of UliiiVs, United Spaniaff War Veterans, o f Elgin,
111., praying for the Viactment of lejrslation to pension widow
and minor children o\ an y officer
enlisted man who served
in the War with Spa\ or the ITj#Iippine insurrection, which
were referred to the Committee oilpUensions.
1-Ie also presented a petition of Jjfindry citizens of West Salem,
111., praying for the establislimenfc/of a parcel-post system, which
was referred to the Committee on Post Offices and Post Roads.
He also presented resolutions^' adopted by the Association of
Commerce of Chicago, 111.,Vizoring the negotiation of com
mercial reciprocity treaties Imween the United States and the
Latin-American Republics, ,$n\<.h were referred to the Com
mittee on Finance.
He also presented petitions o f Sundry citizens of Villa Grove,
Dupo, and Chicago, all ip. the State of Illinois, and a petition
of the Illinois State Legislative Board of the Brotherhood of
Locomotive Engineers, \aying for the passage of the so-called
employers’ liability apd workmen’s compensation bill, which
were ordered to lie o # the table.
He also presented#! memorial o f Seth C. Earl Post, Depart
ment of Illinois, Gajnnd Army of the Republic, of Ottawa, 111.,
remonstrating against the establishment of a national depart
ment o f health, sraiich was referred to the Committee on Public
Health and National Quarantine.
Mr. GRONN^ presented a petition of the Woman’s Christian
Temperance Union o f Ilankinson, N. Dak., praying for the
enactment offan interstate liquor law to prevent the nullification
o f State liqrior laws by outside dealers, which was referred to
the Committee on the Judiciary.
He also; presented a petition o f 131 members o f Local Lodge,
Brotherhood o f Railroad Trainmen, of Enderlin, N. Dak., and
a petition o f Local Lodge No. 463, Brotherhood of Railroad
Trainmen, of Grand Fork, N. Dak., praying for the enactment of
I message from the house .
legislation to provide an exclusive remedy and compensation for
A message from the House o f Representatives, by A. C. John accidental injuries, resulting in disability or death, to employees
son, its assistanttienrolling clerk, announced that the House had of common carriers by railroads engaged in interstate or foreign
)assed the joinfcgresolution (S. J. Res. 96) appropriating $10,000 coiiunerce, or in the District of Columbia, and for other pur
’or the purpose o f maintaining and protecting against impending poses, which was ordered to lie on the table.
Ioods the leveJht Mound City, HI., with amendments, in which
Mr. WORKS presented -memorial's of sundry citizens o f
requested tlife concurrence o f the Senate.
California, remonstrating against any reduction o f the duty on
sugar, which were referred to the Committee on Finance.
J N R O L L E D J O I N T R E S O L U T I O N S IG N E D .
Mr. OWEN presented resolutions adopted at a mass meeting
The message also announced that the Speaker o f the House of sundry citizens of Osage County, Okla., favoring the rules
iad signed Use enrolled joint resolution (S. J. Res. 93) author- and regulations with reference to oil and gas leases recom
zing the Librarian of Congress to furnish a copy of the daily mended to the Secretary o f the Interior by the Osage Tribe of
nd bound ^C ongressional R ecord to the undersecretary of Indians, which w e r o r o t a r r e d ^
mdtan
tate for external affairs of Canada, in exchange for a copy o'he Pacliapentary Hansard, and it was thereupon signed by th
memorial o f sundry citizens
’resident pro tempore.
Lake, Tex., remonstrating against the extension of the
petitions and memorials .
parc'(?Pia«^^^i^,-.|^S?
mid its present limitations, which was
The PRESIDENT pro tempore presented petitions o f the referred to The committee on Post Offices and Post Roads.
Mr. HITCHCOCK presented a memorial o f members of the
ongregaftions of the Greendale People’s Church, o f Worcester,
la s s .; the Swedisli-Finnish Lutheran Church, of Worcester, ScottsbhiffTStab, of Scottsbluff, Nebr., remonstrating against any
la ss.; the Congregational Church of Warwick, R. I - ; the Bap- reduction in tn^Hihty on sugar, which was referred to the Com
ist Church of Fairlawn, A la .; o f the Fairview Methodist Church, mittee on- Financed
He also presented n if^ e^ H s o f sundry citizens of Diller and
f Birmingham, Ala.; of the Woman’s Christian Temperance
Inions of Ceres, Cal., and Slielbyville, Tenn., praying for the Auburn, in the State o f Nmvsiijnnrenionstrating against the
doption of an amendment to the Constitution to prohibit the enactment o f legislation to nerinitrf^Ww^ n-in*-- of oleomargarine
lanufacture, sale, and importation o f intoxicating liquors, in imitation o f butter, which were refeiTecf^fta^jtoJlJonimittce on
Agriculture and Forestry.
itaich were referred to the Committee on the Judiciary.
4300
CONGRESSIONAL RECORD— SENATE.
Mr. ASHURST presented n petition of the Woman’s Christian
Temperance Union of Camp Verde, Ariz., praying for the enact
ment of an interstate liquor law to prevent the nullification of
State liquor laws by outside dealers, which was referred to the
Committee on the Judiciary.
He also presented a petition of sundry citizens of Bellevue,
Ariz., praying for the establishment of a parcel-post system,
which was referred to the Committee on Post Offices and Tost
Roads.
He also presented a petition of the Board of Trade of Nogales
and Santa Cruz County, Ariz., praying that an appropriation
be made for the construction of a Federal building at Nogales,
in that State, which was referred to the Committee on Public
Buildings and Grounds.
He also presented a petition of sundry citizens of San Pascual
Valley, Imperial County, Cal., praying that an appropriation
be made for the construction of a bridge across the Colorado
River at Yuma, Ariz., which was referred to the Committee on
Indian Affairs.
Mr. GARDNER presented petitions of Local Grange, Patrons
of Husbandry, of Charleston, and of sundry citizens of Warren,
Washington, Appleton, Waldoboro, Union,. Liberty, and South
Hope, all in the State of Maine; of sundry citizens of Haver
hill. Mass.; and of Local Grange of Fredonia; Ross Grange, of
Falconer; and Centralia Grange, of Sinclairville, Patrons of
Husbandry, in the State of New York, praying for the establish
ment of a postal-express system, which were referred to the
Committee on Post Offices and Post Roads.
Mr. OLIVER presented a petition of members of the Fruit
Growers’ Association of Adams County, I'a., praying for the en
actment of legislation providing for the further dissemination
of agricultural and domestic science information from State
experiment stations, which was referred to the Committee on
Agriculture and Forestry.
He also presented petitions of Washington Camps, No. 465, of
Waymart, No. 75, of St. Clair, and No. 256, of Schaefferstown,
all of the Patriotic Order Sons of America, in the State of
Pennsylvania, praying for the*enactment of legislation to fur
ther restrict immigration, which were ordered to lie on the
table.
He also presented a petition of Union Grange, No. 977, Pa
trons of Husbandry, of Lake, Pa., praying for the establishment
of a parcel-post system, which was referred to the Committee
on Post Offices and Post Roads.
He also presented petitions of the congregations of the St.
James Lutheran Church, of Pittsburgh; of the Philadelphia
Conference of the Methodist Episcopal Church; of the Methodist
Episcopal Church of Pittsburgh ; and of the Presbyterian Church
of Gettysburg, all in the State of Pennsylvania, praying for the,
adoption of an amendment to the Constitution to prohibit the
manufacture, sale, and importation of intoxicating liquors,
which were referred to the Committee on the Judiciary.
He also presented petitions of the congregations of the Church
of God of Alberton, of the Methodist Episcopal Church of Ambridge, of the Presbyterian Church of New Salem, of the Meth
odist Episcopal Church of Gettysburg, of the Presbyterian
Church of Gettysburg, of the Christian Endeavor Society of
Monesseu, and of the Philadelphia Conference of the Methodist
Episcopal Church, all in the State of Pennsylvania, praying for
the enactment of an interstate liquor law to prevent the nulli
fication of State liquor laws by outside dealers, which wei'e
referred to the Committee on the Judiciary.
Mr. KERN presented memorials of sundry citizens of Ko
komo, Ind., remonstrating against the enactment of legislation
compelling the observance of Sunday in post offices, which were
referred to the Committee on Post Offices and Tost Roads.
He also presented memorials of sundry citizens of Kokomo,
Ind., remonstrating against the enactment of legislation com
pelling the observance of Sunday as a day of rest in the District
of Columbia, which were ordered to lie on the table.
He also presented a memorial of members of the Commercial
Club of Decatur. Ind., remonstrating against any reduction of
the duty on sugar, which was referred to the Committee on
Finance.
He also presented petitions of sundry citizens of Richmond,
Ind., praying for the enactment of an interstate liquor law to
prevent the nullification of State liquor laws by outside dealers,
which were referred to the Committee on the Judiciary.
He also presented a petition of Iron Molders’ Local Union
No. 345, of Peru, Ind., praying for the enactment of legislation
providing for the construction of one of the proposed new bat
tleships in the Brooklyn Navy Yard, which was referred to
the Committee on Naval Affairs.
Mr. POMERENE presented a petition of sundry citizens of
Lafayette, Ohio, praying for the adoption of an amendment to
A p r il 8 ,
the Constitution to prohibit the manufacture, sale, and importa
tion of intoxicating liquors, which was referred to the Commit
tee on the Judiciary.
He also presented a petition of the Tug Firemen and Line
men’s Protective Association o f Cleveland, Ohio, praying for
the passage of the so-called eight-hour bill, which was referred
to the Committee on Education and Labor.
He also presented a petition of Local Lodge No. 14, Licensed
Tugmen’s Protective Association, of Sandusky, Ohio, praying foi>
the enactment of legislation providing that all motor boats in.
excess of 40 feet in length engaged in freight or passenger
traffic shall carry a licensed pilot and a licensed engineer, which
was referred to the Committee on Commerce.
He also presented petitions of Guiding Star Council, No. 124,
of Syracuse; Pride of the Valley Coyincil, of East Liverpool;
and Local Council No. 176, of Mount Washington, of the
Daughters of America; and of members of the Junior Order
United American Mechanics of BJtid, all in the State of Ohio,
praying for the enactment of legislation to further restrict
immigration, which were orderafl to lie on the table.
He also presented a petitionfof the Woman’s Christian Tem
perance Union of Neffs, Ohiqf praying for the enactment of an
interstate liquor law to present the nullification of State liquor
laws by outside dealers, w peh was referred to the Committee
on the Judiciary.
Mr. BROWN presented petitions of sundry citizens of Ra.
venna, Gering, Neligh, find Stratton, all in the State of Ne
braska, praying for tM enactment of an interstate liquor law
to prevent the nullification of State liquor laws by outside
dealers, which were referred to the Committee on the Judiciary.
He also presented memorials of sundry citizens o f Riverside,
Wausa, and Shea, all in the State of Nebraska, remonstrating
against the enactment of legislation to permit the coloring of
oleomargarine fn imitation of butter, which were referred to
the Committen on Agriculture and Forestry.
He also presented a memorial of members of the Commercial
Club of Bayard, Nebr., remonstrating against any reduction of
the duty on sugar, which was referred to the Committee on
Finance. V
Mr. OVERMAN presented petitions of sundry citizens of
Spray, Winston Salem, and Louisburg, all in the State of North
Carolina, praying for the enactment of an interstate liquor law
to prevent the nullification of State liquor laws by outside
dealers, which were referred to the Committee on the Judiciary.
lie also presented memorials of sundry citizens of Pollocksvl«e, Murphy, and Roxboro, all in the State of North Carolina,
demonstrating against the extension of the parcel-post system
beyond its present limitations, which were referred to the Com
mittee on Post Offices and Post Roads.
He also presented petitions of sundry citizens of Statesville
and Hightowers, in the State of North Carolina, praying for
the establishment of a parcel-post system, which were referred
to the Committee on Post Offices and Post Roads,
Mr. SHIVELY presented resolutions adopted by the board of
directors of the Chamber of Commerce of South Bend, Ind.,
favoring the erection of a memorial to Abraham Lincoln in
monumental form on the site approved by the Fine Arts Com
mission, which were referred to the Committee on the District
of Columbia.
He also presented petitions of sundry members of the Brother
hood of Locomotive Engineers, residents of Howell, Garrett,
Huntington, and Indianapolis, all in the State of Indiana, praying
for the passage of the so-called employers’ liability and work
men’s compensation bill, which were ordered to lie on the table.
He also presented a petition of John Hill Division, No. 24s'
Brotherhood of Locomotive Engineers, of Elkhart, Ind., pray
ing for the enactment of legislation authorizing the construction
of one of the proposed new battleships in a Government navy
yard, which was referred to the Committee on Naval Affairs.
Mr. WETMORE presented a petition of the congregation of
the Roger Williams Baptist Church, of Providence, R. I., and a
petition of sundry citizens of Carolina, R. I., praying for the
enactment of an interstate liquor law to prevent the nullifica
tion of State liquor laws by outside dealers, which were referred
to the Committee on the Judiciary.
He also presented a petition of Rock Hill Grange, Patrons of
Husbandry, of East Greenwich, R. I., praying for the establish
ment of a parcel-post system, which was referred to the Com
mittee on Post Offices and Post Roads.
Mr. RAYNER presented petitions of sundry citizens of Oak
land and Lanham, in the State of Maryland, praying for the
establishment of agricultural extension departments in the
various State colleges, which were ordered to lie on the table.
1-Ie also presented petitions of sundry citizens of Oakland and
Lanham, in the State of Maryland, praying for the establish-
1912.
CONGRESSIONAL RECORD— SENATE.
nient of a governmental system of postal express, -which were
referred to the Committee on Post Offices and Post Roads.
He also presented a petition of the congregation of the Church
of The Brethren, of Frederick City, Md., and a petition of the
Woman’s Christian Temperance Union o f Woodensbnrg, Md.,
praying for the enactment of an interstate liquor law to prevent
the nullification of State liquor laws by outside dealers, which
were referred to the Committee on the Judiciary.
Mr. SMITH of Michigan presented petitions o f sundry citi
zens of Prattville, Comstock, Hartford, Owosso, Detroit, Ensley,
Dowagiac, and Chesaning, all in the State o f Michigan, praying
for the enactment o f an interstate liquor law to prevent the
nullification of State liquor laws by outside dealers, which were
referred to the Committee on the Judiciary.
He also presented a petition of Local Grange No. 1302, Pa
trons of Husbandry, of Thompsonville, Mich., praying for the
establishment of a parcel-post system, which was referred to
the Committee on Post Offices and Post Roads.
Mr. McLEAN presented a petition o f Local Grange No. 136,
Patrons of Husbandry, o f East Canaan, Conn., and a petition
of Mattabessett Grange, No. 42, Patrons of Husbandry, of
Middletown, Conn., praying for the establishment of a parcelPost system, which were referred to the Committee on Post
Offices and Post Roads.
He also presented a petition o f sundry citizens o f Bridgeport,
Conn., praying for the passage of the so-called eight-hour bill,
which was referred to the Committee on Education and Labor.
He also presented a petition of Consolidated Lodge, No. 609,
Independent Order American Mechanics, of New Haven, Conn.,
praying for the enactment of legislation authorizing the con
struction of one of the proposed new battleships in the Brook
lyn Navy Yard, which was referred to the Committee on Naval
Affairs.
Mr. PERKINS presented a petition of the Chamber of Com
merce of San Francisco, Cal., praying for the adoption of cer
tain amendments to the navigation laws, which was referred t^
the Committee on Commerce.
He also presented a memorial o f members of Group N
Polish National Alliance of the United States o f North A m gK a,
of San Francisco, Cal., remonstrating against the enactm$gjS of
legislation to further restrict immigration, which was or&g^ed to
lie on the table.
He also presented a petition o f sundry citizens ofjphikland,
Cal., praying for the enactment o f legislation cedingj$8e vacant
Government land adjacent to the Redwood Park t$pfhat State,
which was referred to the Committee on Public LpKds.
He also presented memorials o f sundry citizen^of San Fran
cisco, Willows, Hamilton City, and Chico, aiypri the State of
California, remonstrating against any reductypf o f the duty on
sugar, which were referred to the Committeg|pon Finance.
^ Mr. SMITH of Arizona presented a pejii-fbn o f members of
the Corporation Commission of Arizona, jffiy in g for the enact
ment of legislation providing for theabolijinnent o f the Commerce
Court, which was referred to the Connnsffee on the Judiciary.
I
)F
A R IZ O N A .
at, in this connection, if
as yet unfamiliar with
day or two ago, soon
a joint resolution from
ouched on the question
appointed by the Presilent that the memorial
> o f the Senate. I for
n
ve since considered the
olution o f a State legise forever buried in the
ission, but that it is en-
lemorial passed by the
gainst the confirmation
lourt for the District of
X L V III------ 276
bad concluded.
to make another motion
d.
:ers relating to the conexecutive business. Altwo occasions in public,
ve never known a conto the confirmation of
the journal of the executive session. I think it woulcEffie very
dangerous to set the precedent o f presenting in O0$n session
papers relating to confirmations. We are all weUpfvvare that
papers relating to the character and fitness of igpminees often
contain assertions which are entirely unfoundgpp and it would
do great damage to the individual, if publish e r They are sub
mitted oidy to committees for consideratiAjfr and are guarded
with the greatest confidence and care. I Jjpnk to break through
that precedent would be most unfortungi
In this case it is impossible to japfeest that there is any
desire of maintaining secrecy abouLpnis paper, because it is a
public document. All I am contending for is the preservation of
what seems to me a very essenJJjpFrule in the consideration of
the executive business in regajj|^o confirmations.
Mr. GALLINGER. The ru|$rlias never been violated.
Mr. LODGE. I am notjgiFare that the rule has ever been
broken through. M oreove^M r. President, there are many reso
lutions in favor of thisysjjpminee. I f we print the resolutions
o f the legislature, we Jgpst print also in the R ecord the reso
lutions of the m in ori# 'of the legislature in favor of the con
firmation of Mr. Sljgpi; we must print resolutions of the bar
association in his ||jp5r, and I think we open the door to a very
dangerous practiggF
I therefore o&pct to unanimous consent.
Mr. SMITlDrof Arizona. Mr. President, I appreciate fully
the dnngers^jpT which the Senator from Massachusetts alludes
in printinggpHhe R ecord personal petitions or private letters or
charges jip fin st a nominee, but he is going entirely outside o f
the prtd|j?ft proposition when he fails to discriminate between
the sgjgpTLn resolution of a State legislature, addressed to the
Sensj|iPof the United States in temperate, proper, and modest
iaujrl.-ige, being denied publication in the R ecord and a private
paRion which might vilify and assail the character o f a
gpninee. It appears at once that these questions stand on
jmferent grounds.
I am only at this time carrying out the request of the legis
lature o f my State, which asked me to present this memorial. I
have looked over the R ecord as far as I could, and I have failed
to discover a single case where the printing of the memorial of a
State legislature has been refused. I do not know what has
been the rule of the Senate, but as far as I can discover from
recent investigation the resolutions of a State legislature have
been printed in the R ecord. I have looked the precedents over,
and I have not found a single case where a resolution of a State
legislature, no matter what it touched upon, was hidden for
ever from the pi'oceedings of the session of the legislative body.
I therefore move the Senate that the resolutions to which I
have referred be printed in the R ecord.
The PRESIDENT pro tempore. The Senator will send the
resolution to the desk and the Secretary will state it.
Mr. LODGE. Mr. President, I make the point o f order that
it is not in order to print in the R ecord a document relating to
executive session.
Mr. SMITH o f Arizona. The very question for the Senate to
decide is whether it is in order.
Mr. LODGE. It is a question o f order.
The PRESIDENT pro tempore. I f the document has been
presented and is a part of the files o f the executive session, the
Chair would regard the point o f order as well taken. The
Chair was not present at the last session o f the Senate and
therefore is not personally advised as to whether or not this
paper belongs to the executive files.
Mr. LODGE. The Vice President, at the last session, ruled
that it was out of order to present it in open session. There
has been no opportunity to present it in executive session since,
that I am aware of.
Mr. SMITH o f Arizona. I f the Senator will permit an inter
ruption, I did not present it in executive session. The memo
rial was sent to me and to my colleague for presentation before
the Senate and not in executive session. I refused to present
it in executive session. The President of the Senate did rule
on my first application that it was executive business. Con
fessing my want of knowledge of the rule, I consented that it
should be passed over for the time. The Vice President may or
may not have presented it in executive session. I have nothing
to say about that. I have presented the resolution here. I do
not know whether the Vice President presented it in executive
session or not. I simply take the position that the resolution
of a State legislature has the privilege o f being printed in the
R ecord.
I could get it in the R ecord by rising and reading it.
I would not' infringe a single law o f tlfe Senate or any rule of
it under any conditions.
Mr. GALLINGER. Mr. President-----The PRESIDENT pro tempore. Does the Senator from Ari
zona yield to the Senator from New Hampshire?
4392
CONGRESSIONAL RECORD— SENATE.
A pril 8
By Mr. SHIVELY:
Mr. GALLINGER. I will not interrupt the Senator. I
thought he had concluded. I desire to say a word in my own
A bill (S. 6206) granting an increase of pensjfm to Josenn
lens^nn
Cole (with accompanying paper 0 ; to the Conjfnittee on p c
right.
maftiitte
!n.
Mr. SMITH of Arizona. This is all I have to say. I am in an sions.
f
embarrassing position on account of not knowing the rules of
By Mr. KERN:
the Senate.
A bill ( S. 6207) for the relief of Edgar A. Darling (with acMr. GALLINGER. Mr. President, the exact status of this companying papers) ; and
case is that the Senator from Arizona offered this memorial as
A bill (S. G20S) for the relief of Jolfo Lynch (with accom
coming from the State legislature, stating the purport of it panying paper) ; tb the Committee on “Military Affairs.
Manifestly it related to executive business. The Vice President,
A bill ( S. 6209) grab ting an inci^ase of pension to Henry
as I think properly, ruled that it could not be received in open Whitinger; ‘
session, and thereupon the Senator from Arizona, as I remem
A bill (S. 6210) granting an i n c a s e of pension to Charles S.
ber, withdrew the memorial. No executive session has super Leonard (with accompanying p0^ers) J
A bill (S. 6211) granting gft.^increase of pension to Jonas
vened that I recall and it is again presented in open session.
Now, Mr. President, I have been here a good while and I Skinner (with accompanying^f)apto;s) ;
A bill (S. 6212) granting jaft increase of pension to John Milier
have never known an instance where a matter relating to the
confirmation of a nomination sent to the Senate by the Presi (with accompanying papejrfs) ; and V
A bill (S. 6213) grafting a pensiontfo William H. Albert
dent of tap United States was presented, or at least was ad
mitted in dfoen session, and I think when the Senator from Ari (with accompanying papers) ; to the ConHuittee on Pensions
By Mr. BRANDEGJiE:
\
zona comes1 to consider this matter fully he will see that it
A* bill (S. 6214) jfanting an increase of p^sion to Wilfred
would be a Very unfortunate thing if the Senate should break
down that well-established rule, which, so far as I know, has Norman, j r .; to tlJTCommittee on Pensions. u
By Mr. BURNMAM:
never been allied in question. I therefore trust that-the pres
A bill (S. 6 ^ 5 ) granting an increase of pension to John s.
ent occupant oi| the chair will rule that it can not be received in
open session, Inasmuch as it is a matter pertaining to the Varney; and j f
Vk
executive business of this body.
A bill (S ./2 1 6 ) granting an increase of pension to' Patrick
Mr. CULBERSON. Mr. President, I call attention to Rule Conley (witfi accompanying papers) ; to the Committee on p en.
X X IX , which expressly provides how communications and reso sions.
Bv Mr. OVERMAN:
lutions from the legislature of a State of the Union may be re
ceived. The rule provides that motions to print shall go to the
A bill (S. 6217) to codify, revise, and amend the laws relating
Committee on Printing unless the Senate otherwise orders, and to the Judiciary, ratified March 3, 1911; to the Committee on
the Senator from Arizona has moved that the matter be printed the Judiciary.
in the R e c o r d .
•
A bill (S. 6218) granting a pension to James M. Odell; to the
'
The PRESIDENT pro tempore,% What is the particular point Committee on Pensions.
By Mr. OWEN:
that the Senator makqp on that:fule?
Mr. CULBERSON. The particular point is that it is for the
A bill (S. 6219) providing for the purchase of permanent im
Senate at this time to decide the matter on the motion of the provements on the segregated coal and asphalt lands of the
Senator from Arizona. $
Choctaw and Chickasaw Nations by the citizens erecting such'
Mr. LODGE. That rifle relates to printing; not to publica improvements; to the Committee on Indian Affairs.
A bill (S. 6220) for the relief of certain Shawnee and Dela
tion in the R e c o r d .
V
<
The PRESIDENT pro tempore. The Chair will state that j ware Indians (with accompanying paper) ; to the Committee
the present occupant of tlie Chair, being but a temporary occu on Claims.
By Mr. BOURNE:
______
pant of it, would not undertake to overrule the ruling made by
A bill (S. 6221) for the relief of John W. Hagan ; and
-■
the Vice President, but the jlkair will submit the point of order
A bill (S. 6222) for the relief of William Corley; to the Com
to the Senate if it is so desired. If it is desired that the point
of order shall be submitted t© the Senate, the Chair occupying mittee on Public Lands.
the embarrassing position; which has just been stated, will
A M E N D M E N T TO RIVER AND HARBOR BILL.
submit it to the Senate, i If 4t were an original proposition
Mr. CULBERSON submitted an amendment relative to the
submitted to the Chair, of course the Chair would take the
nonnavigabi!ity of all or any of the waters lying ..between Har
responsibility of ruling upon it. \
Mr. SMITH of Arizona?. I w % not thinking of the absence bor Island aha the mainland, Texas, etc., intended to be pro
of the Vice President at fhe time T made the motion, but if the posed by him to the river and harbor appropriation bill (H. R
was referred to the Committee on Commerce and
present occupant of the#chair wofckl prefer to leave it to the 21477), which printed.
■
Vice President upon liig return or Ifeels any embarrassment in ordered to be
A M E N D M EN TS TO APPROPRIATION^ B IL LS. • '
now acting, I will defers the matter fo a near future day.
The PRESIDENT pro tempore. -The Chair would prefer
Mr. JONES submitted an amendment £ropo|fog to appr0.
that that should be dope, because ofothe embarrassment which priate $3,000 for the repair and improvemenLfof the road in
necessarily would be involved in a reconsideration by the pres the military reservation af\Fort Canby, jWajfi-, etc., intended
ent occupant of the chair of what has ^already been decided by to be proposed by him to thfe Army app&ugfation bill ( h . R
the permanent presiding officer of the body.
1S956), which was ordered to He on the table and be printed
Mr. SMITH of Arizona. Appreciating: that situation, I with
Mr. WETMORE submitted an tynendmjpt proposing to appro
draw the motion f o r ’the present.
priate $25,000 for the establishment of ^fish-cultural station in
The PRESIDENT pro tempore. The motion for the present the State of Rhode Island, intended t^ b e proposed by him to
is withdrawn.
the sundry civil appropriation bill, jjpiieh was referred to the
REPORTS OF COM M ITTEE ON FISH E R IE S.
Committee on Fisheries and ordere^aa, be printed.
Mr. OVERMAN, from the Committee on fisheries, to which
Mr. OLIVER submitted an aii#idme:it: proposing to create
was referred the hill (S. 1569) to establish asifish-cultural sta an additional division of the Railway W ail Service at Pittstion in the State Vif North Carolina, reported it,with an amend bugh, Pa., etc., intended to be pj^posed by^him to the Post Office
ment and submitted a report (No. 594) thereon.V
appropriation bill, LI. R. 21$?9 (with accompanying paper),
He a l s o (for Mr. F l e t c h e r ) , from the same';committee, to which was referred to the Committee on Pdsjt Offices and Post
which was referred the bill (S. 234G) to establish,*a fish hatch Roads and ordered to be profited.
\
ery and biological station in the third congressional district of
P A R T Y FU N DS ( S . DOC. N O. 4 9 5
Florida, reported it with amendments and submitted a report
Mr. HITCHCOCK. I present a pamphlet prerkred by Perry
(No. 593) thereon.
Belmont on the abolition of the secrecy of parfjc. funds, the
BILLS INTRODUCED.
&
Bills were introduced, read the first time and, by unanimous origin of the movement, its purposes, and effect, t.move that
the pamphlet be printed as a Senate document.
consent, the second time, and referred as follow s:
The motion was agreed to.
By Mr. CLARKE of Arkansas:
A bill (S. 6203) to establish a fish-cultural station at Monte W O R K M E N ’ S COM PENSATION AN D EM PLO YERS’ L IA B IL IT Y ( S . DOC.
NO. 4 7 9 ) .
Ne, in the State of Arkansas; to the Committee on Fisheries.
By Mr. JOHNSTON of Alabama:
Mr. SUTHERLAND. I h a v e a n u m b e r o f l e t t e r s w h i c h have
A bill (S. 6204) granting certain lands to the State o f Ala b e e n t r a n s m i t t e d t o m e f r o m t r a i n m e n ’ s o r g a n i z a t i o n s r e l a t i v e
bama for the use of the insane hospital; to the Committee ©n t o t h e p e n d i n g w o r k m e n ’ s c o m p e n s a t i o n b i l l . I d o n o t a s k that
Public Lands.
t h e l e t t e r s b e p r i n t e d i n t h e R e c o r d o r t h a t t h e y b e referred.
A bill (S. 6205) for the relief of Charles J. Allison; to the I move that they be printed as a Senate document.
Committee on Claims.
\ * The motion was agreed to.
C01TORESSI0XAL RECORD— SENATE.
1912.
for tlie little children who look to him for guidance. He is not
as useful nor as happy a citizen as he would be if he concen
trated himself on 40 acres, cultivated a garden, kept a few cows
for milk and butter, raised chickens and other fowls and do
mestic animals out of which the profits o f the farm arise.
C O M P A R IS O N
W IT H
EN G LAN D , G E R M A N Y , AN D FRAN CE.
“ In England, Germany, France, Belgium, and Holland the
people obtain much higher results than in the United States.
The average wheat production of Great Britain is over 32
bushels to the acre, and in the United States only a little over
13 bushels to the acre.
“ I spent the summer in Germany and France, and there I
saw that every foot o f the ground was thoroughly cultivated.
It was divided up into very small tracts, and off at a distance
would look like strips of carpet laid upon the rolling fields.
There was constant rotation o f crops; they were busily engaged
in fertilizing with manures, making the ground richer. The
farm roads were in splendid condition, and thousands o f miles
of surveyed, carefully leveled and graded turnpikes afforded
the farmer cheap transportation, so that a single team might
move 4 or 5 tons with less difficulty than half a ton could be
moved by the same team on some o f the terrible roads in the
United States. What an object lesson to the people of the
United States are these splendid roads, which increase the value
of the farm, bring the farmer nearer to every convenience of
civilized life, make his products more valuable, and make the
conditions of life much more attractive.
“Along these roads I observed miles o f fruit trees, the cherry,
the apple, the pear, and every one of them marked with a num
ber indicating ownership.
“ I think I never saw a house so poor that it did not have its
vegetable garden and its garden of flowers.
“ In coming from Fifty-seventh Street down to the Audi
torium, on the Illinois Central, the back lots of the America,
homes, seen from the cars, shabby, dirty, and unkempt,
absolutely distressing and shocking to those who have posierve
views in regard to making land either useful or beautiful
“ Every such back lot in Germany and France and E n ^ fn d or
Belgium or Holland would be a valuable vegetable|%arden
ornamented with flowers. We can be engaged in no bjffter busi
ness than in leading our people back to the use, and^Jne perfect
use, of our most precious heritage— the land. L ejpfs get back
to the land.
j|F
THE
VALU E
OF T H E
FARM
AS
A N A T IO N A L Rb I o u RCE.
“ Our farms produced last year eight thousand millions of
created wealth. Our cotton crop alone furniffied enough export
cotton to give us a balance of trade in our flavor. The output of
the American farm, by proper cultivatijp^ could, however, be
immediately doubled, and by reclaim pg waste places with
proper cultivation, could easily produg^over twenty billions of
wealth per annum—a sum about equapto the total accumulation
of a century in the banking resourc#! in all of our 25,000 banks.
“ The work of such men as Lujjfer Burbank, of Santa Rosa,
Cal., in improving plant life liajr^;a value of which our people
generally have had an a d e q u ^ f conception.
“ In Oklahoma a new planjKias been developed from the com
mon seeding Bermuda, calltjpthe “ Hardy Bermuda,” which has
great national value. It lnpfc been developed by careful selection
of plants which have withstood severe freezing. The plant has
as good nutritive qualijjr as timothy; it comes up early in the
spring; it has a root drer a foot deep; it grows almost as thick
as the hair on the hojrel; it grows luxuriantly in the face of dry
weather; will sucQjjfsfully stand the most extreme drouth; is
not killed by mamrdays o f overflow; will grow on alkali spots
and in the sandaplt will produce a very large amount of food
to the acre, amjns an excellent grazing grass. It is impossible
to exaggerate Jlie value of a plant of this character, which will
convert landJneretofore unproductive into productive areas of
great values? Our people must have food, and this plant will
produce ggbat food supplies from land heretofore producing
nothing. JiYe must emphasize making our lands more productive
by usinspproper suitable plant life and concentrating labor on
the lanjf.
IM P R O V E M E N T OF T H E N A T IO N A L H E A L T H .
“r
J?iie annual death rate of New Zealand is nine to a thousand,
ant^bf the various Australian States, ten to a thousand. In the
Urated States it is over sixteen to a thousand—60 per cent more
twin m Australia. I f our people can be led back to the farm,
Where they can get plenty of fresh air, fresh vegetables, milk
ancf butter, and chickens, we will save these lives which now
amount to over a half million beings per annum in excess of
what it ought to be.
“ The tables o f mortality show that this high death rate is
very largely due to the bad housing, bad food, and bad sanitary
conditions o f the very poor in our congested cities.
4417
“ In the fight on tuberculosis abundant fresh air has ijfien
demonstrated to be essential to a recovery. Abundant fr^K air
is essential to keep people well who are not now sick, and is all
the more important when they become afflicted w jifrtlie ex
tremely dangerous tubercle bacillus. Let us encou$gj£e our peo
ple to get back to the land, and we shall greatj^umprove the
national health.
IM P R O V E M E N T
IN
S E L F -R E L IA N C E AND O TH ER
SAL Q U A L IT IE S .
“ In cultivating the land, all o f the moi^^qualities are stimu
lated, independence, self-reliance, initia.j^f'e, courage, honesty of
mind. In working on the land, a m a n ^ n b le to provide his own
com fort; he can build his own hougir with his own hands; he
can supply every article o f foodJg|?lieeds, and create a surplus
sufficient to buy other things. J p e receives nothing for which
he does not give an equivale^f he promotes his own comfort,
his own self-respect, and hi&pwn dignity. The greatest men of
the Nation have come fr o s fth e farm. The man on the farm,
who is cultivating a smalL piece o f land o f his own, need have
no fear o f being suddenly discharged by his employer and left
with a family on his fi&hds to feed, and no means to buy food or
pay rent until he films another job. On the farm there is no
danger in losing hrS job.
“ This gives agMian courage, self-reliance, and those moral
qualities whkTg^go to make up good citizenship. Without the
private virtujgeof the individual citizen our Republic can not
rise to i t s a t and honorable destiny. Let us get back to the
land. Ijsrus improve the roads that lead to the farm and from
the fajair and give the farm greater attractiveness because of
its accessibility to the towns and cities.
T H E VAL U E OF S M A L L H O L D IN G S.
French Revolution was due to the abuse of the unre*ricted land holdings of the nobility, from which vast incomes
derived, thus leading to a great extravagance of the landholding class in the face o f the extreme poverty and misery of
the unemployed landless masses. The landholders were so rich
they did not need to use the land in full, but devoted very large
areas to game preserves, while the poorer French people, who
had also been brought into the world by the hand of the Om
nipotent, were denied access to the land by the landlords, who
preferred to see their estates used in large part for purposes
of amusement, as hunting parks. The French law, of course,
sustained the French landlord until the corrupt extravagance
of the landholding class and the abject hunger and misery of
the multitudes led to the overthrow of the laws which permitted
this condition, and the bloody French Revolution followed.
“ The revolution resulted in the subdivision o f France into
small landholdings, which, under the laws of inheritance, was
still further subdivided.
“ The result of this subdivision has been intensive cultiva
tion and great agricultural wealth from the soil of France,
making it one of the richest nations in the world. The reverse
of this policy is seen in Spain and Mexico, where huge estates
have been permitted to exist, with the unavoidable result that
the productive capacity of the land has not been developed, and
where the extremes of great wealth and abject poverty are in
more marked contrast than in any other civilized country.
“ The United States should pursue a policy of small land
holdings, and the State of Oklahoma has led the way by pass
ing laws imposing a progressive tax on large holdings of land,
for the purpose of stimulating actual home building, of pro
moting the greatest productive capacity of the land, and for the
abatement o f the nuisance and danger of large landed monopoly.
“ The smaller subdivision of land will lead, therefore, directly
to its intensive cultivation, and just in degree as the lands are
thoroughly well cultivated, just in that degree will the value of
farm lands increase, and with the increase in the value of farm
lands, and the growth o f their productions, just in that degree
will city property and suburban property increase in value.
“ Likewise, this will lead to the building of good roads, and to
the increase of the liberty, of the independence, and of the
personal happiness of all o f our people, both on the farm and
in the cities. Our cities are sadly congested and millions of
people could be led to the farm, both to their own welfare and
to the advantage of the Nation. The pimp, the cadet, the white
woman slave would be more useful and happier as an honest
plowman, gardener, and milkmaid.
“ THERE I S A
C H A R M ABOU T T H E F A R M .
“ Under proper conditions nothing can be more beautiful or
more attractive than the farm life. In times past with bad
roads and muddy weather, and fields too big for the farmer to
cultivate successfully, men have often worked themselves down,
have grown weary, have made themselves poor, by ill-directed
effort, and have made themselves, their wives, and children sor
rowful and miserable in consequence. Under such conditions
the farm has often been like a prison instead of being a place
CONGRESSIONAL RECORD— SENATE.
4418
of liberty, prosperity, and happiness. The boys and girls hare
too often been glad to leave the farm to get away from its dull
routine and .solitude. But the time has come when there should
be a complete reversal of all this. We have learned how to
avoid these things and the valuable lesson should be universally
taught and made a common heritage.
“ Let the n ln —if he have too much land—sow his exces%On
grass, in hardy,Bermuda; let him confine himself to what lie^fcan
thoroughly cultivate; use only plant life suitable to the seasons,
e
as kaffir corn tijid milo maize for dry weather, and learb how
to do the work V eil; let him surround himself with a beautiful
garden; let thefwomen and children be taught to love these
things and the llVni will become a lovely home.
“ It’s a good iking to keep the children on the fa?m, away
from the temptations and evil suggestions that surround them
on every hand in'itlie city. In the light of modern invention,
with our wonderful modern transportation, with ,electric rail
roads running everwliere, with rural mail delivery, with cheap
power, heat, and ligftt, with improving values in,farm products,
with cheapening goo<|s of every description, every family man
should have a piece Qf land, if it is only 10 Veres, or 1 acre,
upon which he might surround himself with the fragrance and
the blossom and the fmiit of plant life, wlj$re he might raise
healthy, happy children!; What can be mor$ beautiful, or more
valuable than a well-k^pt vegetable garden, filled with all
kinds of foods of every favor—filled with berries and grapes,
and trees bearing fruits Jmd nuts, and ornamented with the
endless procession of flowed each advancing season affords?
“ What more attractive tfcan to be shrrounded by the young
and cheerful life of the farifa—youna-chickens, ducks, turkeys,
calves, lambs, pigs, colts, and^ast but not least, the opportunity
to have a few good dogs, whdiBe loyV and companionship is not
the least of the attractions o f the.farm.
“ ‘ Back to the farm ’ should he the bugle call to the youth of
our land.
“ Back to the farm, where pea& and quiet and sound, refresh
ing sleep follows happy labor,' where we can hear the birds,
singing their songs of thanksdfvinJIin the early morning among
blossoming trees, where homei^ joys^an give a life of happiness,
where men and women grow-Vound Of heart and strong of limb
and nerve.
m
“ Back to the farm, with ffc friendly bftlte for neighbor,
Where honest content w a make amend*, for every city glamour.
“ I should like to
n agriculturJ|,school of practical instruction and of plant nd seed distribution in every agricul
tural county in the
ted States, wheregthe care of cattle and
horses and sheep
ine and domestlj|_ fowl and the economies of farm life
its productive capacity should be properly taught; wlier lie great lesson migla be taught and emvernment—both Natiosal and State—that
phasized by the
ion more honorable thaS; farming, and that
there is no
such vital importancclfco the wealth and
no occupation i
health of the JNftion.
“ I rejoice a#an opportunity of giving ex&ression before the
National F an# Land Congress of the deep interest which I feel
in this matte#, and I trust that this congress luay be the begin
ning of an organization which will emphasize y i the most pow
erful mann/r the importance of the farm to oufhiational wealth
and to ou# national health and happiness.
“ This jongress should, above all things, emphasize the great
importance of good roads to and from the farnn®pf the country.
It should encourage State and National aid to g<spd roads, so as
to brijtg to the expenditure on road building the greatest degree
of intelligence and efficiency and concentrated effort. This is,
perhaps, the most important factor of all in making the farm
more desirable lo
In ni^ciug^Uic^farm more attrac
tive, iii
mill i mil
i
and giving to it those
elemeirfSwhich are necessary and essential to peace of mind
a n d to j^ o prosperity and happiness of the farmer.”
ALLOTTEES OF THE FIVE CIVILIZED TRIBES.
Mr. OWEN. I ask unanimous consent to call up a local bill,
which is not objected to by anyone and which is important to
my State. It is the bill (S. 4048) to amend an act approved
May 27, 1908, entitled “ An act for the removal of restrictions
from part of the lands of allottees of the Five Civilized Tribes,
and for other purposes.”
The PRESIDENT pro tempore. Is there objection to the
present consideration of the bill?
Mr. BRISTOW. I should like to inquire of the Senator from
Oklahoma if that is not the bill to which my colleague objected?
Mr. OWEN. His colleague agrees to the bill, I will say to
the Senator from Kansas. He objected to it the other day, but
has withdrawn his objection upon explanation.
Mr. SMOOT. I will say to the Senator from Kansas that I
spoke to the senior Senator from Kansas, and he told me he
A peil 8,
had withdrawn his objection.^ Therefore I interpose no ob
jection.
By unanimous consent the Senate, as in Committee of the
Whole, proceeded to consider the bill.
The PRESIDENT pro tempore. The bill has already been
read, the Chair is informed.
The bill proposes to amend section 9 of the act referred to
so as to read as follow s:
Sec. 9. That the death of any allottee of the Five Civilized Tribes
shall operate to remove all restrictions upon the alienation of said
allottee's land: P r o v i d e d , That no conveyance of any interest of anv
full-blood Indian heir in such land shall h valid unless approved by the
o
court having jurisdiction of the settlement of the estate of said de
ceased allottee: P r o v i d e d f u r t h e r , That if any m ber of the Five
em
Civilized Tribes of one-half or more Indian blood shall die leaving isgU
(,
surviving, born since March 4, 1900, the homestead of such deceased
allottee shall remain inalienable, unless restrictions against alienation
are removed therefrom by the Secretary of the Interior in the manner
provided in section 1 hereof, for the use and support of such issue dur
ing their life or lives, until April 26, 1931 ; but if no such issue survive"
then such allottee, if an adult, may dispose of his homestead by wn{
free from all restrictions; if this be not done, or in the event the issue
hereinbefore provided for die before April 26, 1931, the land shall then
descend to the heirs, according to the laws of descent and distribution
of the State of Oklahoma, free from all restrictions: P r o v i d e d f u r t h e r
That the provisions of section 23 of the act of April 26, 1906 as
amended by this act, are hereby made applicable to all wills executed
under this section. This section shall apply to the lands of all de
ceased allottees who died prior to the passage of this act.
The bill was reported to the Senate without amendment, or
dered to be engrossed for a third reading, and was read’ the
third time.
Mr. WILLIAMS. Before the bill passes I should like some
information about it. Who is in charge of the bill?
Mr. OWEN. I have charge of it.
Mr. WILLIAMS. Is it the bill which affects the rights of
the Mississippi Choctaws to some extent?
Mr. OWEN. In no way.
Mr. WILLIAMS. In no way?
Mr. OWEN. In no way.
The PRESIDENT pro tempore.
The question is, Shall the
bill pass?
The bill was passed.
ALICE V. H OtrOH TO ir-—
Mr. MARTINE of New Jersey. I move that the Senatc"reT
call from the House of Representatives the bill (S. £137) for
the relief of Alice V. Houghton.
The ^PRESIDENT pro tempore. The Senator fi^fn New Jer
sey moites to recall from the House a bill, a rffotion for the
reconsideration of the passage of which has ij^eady been en
tered.
i
\
i
Mr. BRISTOW. I hope the Senator w iiy to t ask action on
that motion this evehjpg. The chairman jp the committee is
not present,\md he staled to me this aftejpoon that he did not
want it taken, up in his Sfeseuce.
Mr. MART M E of New^Jersey. My # lly thought in press
s
ing it was thafr I did not want to lose j&y position or status in
this matter. I 'want the biri, to como^co the Senate, that we
may act upon it ’fcgain.
\
Mr. BRISTOW%_ As I unde^tai
the Senator has given
notice that he will lisk that it b<%<j insidered, which preserves
his right to bring itly i at any timl§
Mr. MARTINE of J$ew Jersey,
1 right. That is perfectly
1
satisfactory to me, wick that uppers Snding.
The PRESIDENT p% tem ple,
Senator, then, withdraws his motion?
r^y. I withdraw it.
Mr. MARTINE of New
s the undemanding?
Mr. WILLIAMS. What
The PRESIDENT pro te: ore. The S ta to r from New Jersey has entered a motion
consider thlkmte by which the
bill passed the Senate; t
billyias gone to
House, and the
Senator has now made aAotioffeto recall therein in order that
the Senate may conside#the motr^ji to reconsider.
Mr. WILLIAMS. 1 / the motioT to recall tile bill is postponed what assurance is there tha " e House will not in the
meantime act upon
Mr. BRISTOW. I do not know.
Mr. W ILLIAM S/ It seems to me it muld be belter to act
now upon the motfon to recall.
The PRESIDENT pro tempore. Action \pon the m'ation to
recall will not fa any way act upon the motion to reconsider.
Mr. WILLMMS. No.
\
Mr. SMOOT1 Perhaps it would be just as well to vote ufcon
.
that in the first place.
Mr. WILLIAMS. The motion to reconsider will still be pend
ing, and can be acted upon later; but there is danger in post
poning action upon the motion to recall, because the House
may concur in the Senate’s action, and if so, the bill would go
to the President at once.
Mr. SMOOT. There is no danger of that.
CONGRESSIONAL RECORD— SENATE.
1912.
SEN A TE.
W e d n e sd a y , April 10, 1912.
The Senate met at 2 o’clock p. m.
Prayer by the Chaplain, Rev. Ulysses G. B. Pierce, D. D.
The Journal of yesterday’s proceedings was read and approved.
motor and other vehicles in
government service
(s. doc.
NO. 5 5 0 ) .
The VICE PRESIDENT laid before the Senate a communica
tion from the Secretary o f the Interior, transmitting, in response
to a resolution of the 25th ultimo, certain information relative
to the number of ■
carriages, motor vehicles, etc., owned and op
erated by the Government and used by the Department o f the
Interior, which was referred to the Committee on Appropria
tions and ordered to be printed.
SHADRACK SECUREST V. UNITED STATES
(S . DOC. NO. 5 5 1 ) .
The VICE PRESIDENT laid before the Senate a communica
tion from the assistant clerk of the Court of Claims, trans
mitting a certified copy o f the findings of fact and conclusion of
law filed by the court in the cause o f Shadrack Sechrest v.
Pnited States, which, with the accompanying paper, was re
ferred to the Committee on Claims and ordered to be printed.
MESSAGE FROM' THE HOUSE.
A message from the House o f Representatives, by D. K.
Hempstead, its enrolling clerk, announced that the House had
passed a bill (H. R. 2072S) making impropriations for the curI'ent and contingent expenses o f the Bureau of Indian Affairs,
for fulfilling treaty stipulations with various Indian tribes, and
for other purposes, for the fiscal year ending June 30, 1913, in
which it requested the concurrence o f the Senate.
The message also returned to the Senate, in compliance with
its request, the bill (S. 5137) for the relief o f Alice Y. Houghton.
PETITIONS AND MEMORIALS.
Mr. CUDDOM presented a petition o f the Association o f Com
merce of Chicago, 111., praying for the enactment of-legislation
to permit corporations to make returns at the end of their fiscal
years, which was referred to the Committee on Finance."
lie also presented a petition o f members o f the Christian En
deavor Society of the Memorial Christian Church, of Rock
Island, 111., praying for the enactment o f an interstate liqu<H*
law to prevent the nullification o f State liquor laws by outside'
dealers, which was referred to the Committee on the Judiciary.
He also presented a memorial o f the Illinois Lumber and
Builders’ Supply Dealers’ Association, remonstrating against the
Passage of the so-called eight-hour bill, which was referred to
the Committee on Education and Laboi*.
Mr. GALLINGER presented a petition o f Local Division No.
f!7 , Order of Railway Conductors, of Woodsville, N. H., pray
ing for the passage of the so-called workmen’s compensation
bill, which was ordered to lie on the table.
He also presented a petition o f Local Grange No. 1S8, Patrons
of Husbandry, of Rumney, N. H., praying for the establishment
° f a parcel-post system, which was referred to the Committee
on Post Offices and Tost Roads.
He also presented a memorial of the Columbia Heights Citi
zens’ Association, o f the District of Columbia, remonstrating
ngainst the enactment o f legislation to provide for the widen
ing and extension of Spring Road, Washington, D. C., which
Was ordered to lie on the table.
Mr. LODGE. I present resolutions adopted by the Legisla
ture of the Commonwealth of Massachusetts, relative to the
improvement of navigation on the Merrfmac River. I ask that
the resolutions be printed in the R ecord and referred to the
Committee on Commerce.
The resolutions were referred to the Committee on Commerce
nnd ordered to b e'printed in the R ecord, as follow s:
R e s o l v e d , That certified copies of these resolutions be sent by the
secretary of the Commonwealth to the Secretary of War and to each
of the Senators and Representatives in Congress from Massachusetts.
In house of representatives, adopted March 12, 1912.
In senate, adopted in concurrence March 21, 1912.
A true copy.
Attest:
A lbert r . L angtry,
S e c r e ta r y o f th e C o m m o n w e a lth .
Mr. SMITH of Arizona presented a petition of the Woman’s
Christian Temperance Union of Phoenix, Ariz., praying for the
enactment o f an interstate liquor law to prevent the nullifica
tion of State liquor laws by outside dealers, which was referred
to the Committee on the Judiciary.
He also presented petitions of the board of supervisors of
Pima County, of the board of directors of the Chamber of
Commerce and o f the mayor and members o f the city council
o f Tucson, all in the State o f Arizona, praying for the enact
ment o f legislation providing that 'the United States court for
the district of Arizona shall hold one term of court annually
at Tucson, as well as at other cities in that State, which were
referred to the Committee on the Judiciary.
Mr. ASHURST presented a petition of sundry citizens of
Yuma County, Ariz., praying that an appropriation be made for
the construction o f a bridge across the Colorado River at Yuma,
in that State, which was referred to the Committee on Com
merce.
Mr. SHIVELY presented a memorial of the Kyle Creamery
Association, of Dearborn County, Ind., remonstrating against
the enactment of legislation to permit the coloring of oleo
margarine in imitation o f butter, which was referred to the
Committee on Agriculture and Forestry.
Mr. PERKINS presented a memorial of the board of super
visors o f Yuba County, Cal., remonstrating against any reduction
of the duty on sugar, which was referred to the Committee on
Finance.
He also presented petitions of sundry citizens of Berkeley and
Santa Cruz, in the State of California, praying that an appro
priation be made for the suppression of the so-called white-slave
traffic, which were referred to the Committee on Appropriations.
Mr. CRANE presented resolutions adopted by the Legislature
o f the Commonwealth of Massachusetts, relative to the improve
ment of navigation on the Merrimac River, which were referred
to the Committee on Commerce.
REPORTS OF COMMITTEES.
Mr. CURTIS, from the Committee on Pensions, to which were
referred the following bills, reported them each with amend
ments and submitted reports thereon:
11. It. 1S336. An act granting pensions and increase of pensions
to certain soldiers and sailors o f the Civil War and certain
widows and dependent children o f soldiers and sailors of said
war (Rept. No. 595) ; and
H. R. JS335. An act granting pensions and increase of pensions
to certain soldiers and sailors of the Civil War and certain
widows and dependent children of soldiers and sailors of said
war (Rept. No. 590).
Mr. DU PONT, i am directed by the Committee on Military
Affairs, to which was. referred the bill (II. It. 21170) granting
to El Paso & Southwestern Railroad Co., a corporation organ
ized and existingdunder the laws o f the Territory and State of
Arizona, a right o f way through the Fort Huacliuca Military
Reservation, in the State of Arizona, and authorizing said cor
poration and its successors or assigns to construct and operate a
railway, through said Fort Iluachuca Military Reservation, and
for other purposes, to report it favorably without amendment,
and I submit a report (N o.,599) thereon. I ask that the House
Dill take the place of Senate bill 5G5S of a similar title on the
calendar, being Order o f Business No. 39S.
The VICE PRESIDENT. Without objection, the House bill
reported by the Senator from Delaware will take the place of
the Senate bill on the calendar, and the Senate bill will he post
poned indefinitely.
Mr. DU PONT, from the Committee on Pensions, to which was
referred the bill (S. 117) granting art increase of pension to
Annie G. Hawkiqs, reported it with an amendment and sub
T h e Commonwealth of Massachusetts , 1912.
Resolutions relative to the improvement of navigation on the Merri- mitted a report (No. 597), together with the adverse views of
the minority, thereon.
mac River.
lie also, from the same committee, to which was referred the
Whereas the Merrimac River, the second largest stream in this Com
monwealth, has not received from the National Government such bill (S. 118) granting an increase of pension to Harriet Pierson
attention as a river of so great commercial value should receive; and Porter, reported it with amendments and submitted a report
Whereas the Merrimac Valley can be made an ideal locality for great (No. 598), together with the adverse views o f the minority,
industries if adequate facilities for water transportation are pro
\
vided by the Government cf the United States by improving the thereon.
of the said river and thereby developing a suitable water
way from Lowell to the sea : Therefore be it
R e s o l v e d , That the Senators and Representatives in Congress from
Massachusetts are hereby reQiiested to take early and concerted action
to bring before Congress the necessity of such an appropriation as may
he sufficient for the purpose above specified.
navigability
COMMITTEE ON EXPENDITURES IN DEPARTMENT OF COMMERCE AND
LABOR.
Mr. BRIGGS, from the Committee to Audit and Control the
Contingent Expenses of the Senate, to which was referred
4522
CONGRESSIONAL RECORD— SENATE.
A pril io ,
Senate resolution 276, submitted by Mr. G a l l i n g e r on the 5th gee Rivers. Ga., from .840,000 to 87.i,000, etc., intended to b
instant, reported it without amendment, and it was considered proposed by him to the river and harbor appropriation bil
which was referred to the Committee on Commerce and ordere.
by unanimous consent and agreed to, as follows:
/
R
esolved, That the Committee on Expenditures in the Department of to be printed.
Commerce and Labor be, and it hereby is, authorized to employ a clerk
Mr. GRONNA (for Mr. M cCumber ) submitted arPamendrnem
at a salary of $2,220 per annum and a messenger at $1,440 per annum, proposing te appropriate $150,000 for improving/the Missouri
to be paid from the contingent fund of the Senate until otherwise pro
River from Kansas City to Le Beau, S. Dak.v--intended to be
vided for by law.
nronosed by him to the river and harbor appropriation bill
BILLS INTRODUCED.
Bills were introduced, read the first time and, by unanimous which was referred to the Committee on Commerce and ordered
to be printed. \
consent, the second time, and referred as follow s:
He also (for Mr. McCumber) submitted an amendment pro
By Mr. ‘ASHURST:
A bill (S. 6245) to provide for an enlarged homestead entry posing to appropriate $235,000 for the construction of a lock in
in Arizona where sufficient water suitable for domestic purposes the Yellowstone River, Mont., etc., intended to be proposed by
is not obtainable upon the lands; to the Committee on Public him to the river arul harbor appropriation bill, which was re
ferred to the Committee on Com m «ce and ordered to be
Lands.
printed.
<
Jr
By Mr. FALL:
AMENDMENTS TO APPROF/nATION BILLS.
A bill (S. 6246) granting public lands to the/State of New
Mr. BORAH (by request) subnet?ted an amendment author
Mexico for the construction of public roads and bridges; to the
izing the Secretary of trig Interior to approve the findings of
Committee on Public Lands.
f
the District Court of Oklahoma for Kay County in the matter
By Mr. CHILTON:
A bill (S. 6247) to provide for the bringing of suits'against of the determination of thevjieir*'of Buck Bill, a deceased Tonthe United States by Virginia, West Virginia; Kentucky, Dela kawa Indian, etc., intended to be proposed to the Indian appro
ware, Pennsylvania, New Jersey, Georgia, Connecticut, Massa priation bill (H. R. 20728), which was referred to the Commit
chusetts, Maryland, South Carolina, New-: Hampshire, New tee on Indian Affairs and o rd e M to be printed.
Mr. GUGGENHEIM submittal an amendment proposing to
York, North Carolina, and Rhode Island, which was read twice
appropriate $25,000 for the post <5(fice at Greeley, Colo., intended
by its title.
A
The VICE PRESIDENT. The bill will be referred to the to be proposed by him to the sifpdry civil appropriation bill
which was referred to the Committee on Appropriations and
Committee on the Judiciary.
f
\
Mr. CHILTON. Mr. President, I do Jot wish to have the ordered to be printed.
He also submitted an amendmen\ proposing to appropriate
bill referred at the present time. I & iiuld like to make an
$500,000 for the post office at Denver\Colo., etc., intended to be
explanation of it to the Senate.
The VICE PRESIDENT. Does the Senator desire to have proposed by him to the sundry civil Appropriation bill, which
was referred to the Committee on Appropriations ani^ ordered
the bill remain on the table?
/
\
Mr. CHILTON. I desire to have thobill remain on the table, to be printed.
He also submitted an amendment p r i s i n g to appropriate
and either at this time or immediatelj’ after the morning busi
$100,000 for the purchase and distribution of seeds where on
ness I wish to address myself for a few minutes to the bill.
account of climatic conditions in 1911 the Amps wmre a failure
The VICE PRESIDENT. The billfwill lie on the table.
etc., intended to. be proposed by him to the Agriculture appro!
By Mr. CHILTON:
$
A bill (S. 6248) granting an increase of pension to Bettie priation bill (II, R. 18960), which was referral to the Commit
tee on Agriculture and Forestry and ordered tcvbe printed.
F. Edens;
Mr. CURTIS submitted an amendment proposing to appro
A bill (S. 6249) granting an increase of pension to Samuel W.
priate $50,006 for the construction of a steel bridge across the
Harden; and
A bill (S. 6250) granting an increase of pension to George F. Kansas River at Fort Riley, Kans., etc., intende(%.To be pro
posed by him to the sundry cfvil appropriation bill, Adiich was
Brown; to the Committee on Pensions.
referred tot the Committee on Appropriations and ordered to be
By Mr. SMITH of Arizona: ,?
.
.
N
A bill (S. 6251) granting lands to the State of Arizona for printed. /
Mr. WARREN submitted an amendment proposing to expend
construction and maintenancesuf roads, highways, and bridges;
not exceeding $5,000 of the appropriation for the enforcement
to the Committee on Public |iands.
of the food and drugs act for the purchase of all right, title
By Mr. PERKINS:
/
A bill (S. 6252) to relinquish the title of the United States and interest In and to the Marsh test for detecting artificial
to certain property in the; city and county of San Francisco, coloring matter in whisky, etc., intended to be proposed by him
Cal. (with accompanying papers) ; to the Committee on Public to the Agriculture appropriation bill (H. R. 1S960), which was
referred to the C om n n tteeo^ ’ASJjjiulliu;© and Forestry and
Buildings and Grounds. /
ordered to be printed.
*
By Mr. G A LLIN G E R :/
A bill (S. 6253) granpng a pension to Miranda A. Hishley f Mr. OWEN submitted an amendment proposing to appropriate
‘$1,000 out of any moneys of the Osage Indians for the removal
(with accompanying padfer) ; and
A bill (S. 6254) graining a pension to John F. Miller (with of restrictions upon the alienation of all or only a described
portion of the surplus lands of any Osage allottee, etc., intended
accompanying papers) J to the Committee on Pensions.
to be proposed by him to the Indian appropriation bill (H. R.
By Mr. GUGGENHBIM:
A bill (S. 6255) granting an increase of pension to John 20728), which was referred to the Committee on Indian Affairs
and ordered to be printed.
Luzerne Taylor (with accompanying paper) ; and
A bill (S. 6256) granting an increase of pension to Jackson J.
HOUSE BILL REFERRED.
Lane (with accompanying papers) ; to the Committee on Pen
H. R. 20728. An act making appropriations for the current
sions.
and contingent expenses of the Bureau of Indian Affairs, for
By Mr. CULLOM:
A bill (S. 62579 granting an increase df pension to Ellis fulfilling treaty stipulations with various Indian tribes, and
Gully (with accompanying papers) ; to the Committee on Pen for other purposes, for the fiscal yea ren d in g June 30, 1913,
was read twice by its title and refmtfd to the Committee on
sions.
$
Indian Affairs.
By Mr. SHIVELY:
QUORUM OF CC^iMITTEES.
A bill (S. 6258) granting a pension to Ellis T. Padgett (with
accompanying papers) ; to the Committee on Pensions.
The VICE PRESIDENT. „ J^he Chair lays before the Senate
By Mr. WILLIAMS:
the following resolution, qoining oevr from the previous legis
A bill (S. 6259) for the relief of the estate of William Penn, lative day.
/
deceased; to the Committee on Claims.
The Secretary read. Senate resolution 280, submitted yester
By Mr. KERN:
day by Mr. Clarke o f Arkansas, US'follows:
A bill (S, 6260) granting a pension to Esther E. Stucky (with
Resolved, That the several standing com
hfciltees of the Senate, having
a membership of m
are than three Senators, if**; hereby respectfully au
accompanying papers) ;
thorized to fix, each for itself, the number of its^&embers who shall con
A bill (S. 6261) granting an increase of pension to John O. stitute a quorum thereof for the transaction of such business as may
Branson (with accompanying papers) ; and
be considered by said committee; but in no case shall a committee
A bill (S. 6262) granting a pension to Elizabeth E. Carr acting under authority of this resolution, fix as a quorum thereof anv
number less than one-third of its entire membership.
(with accompanying papers) ; to the Committee on Pensions.
The VICE PRESIDENT. The question is on agreeing to the
AMENDMENTS TO RIVER AND HARBOR BILL ( H . R. 2 1 4 7 7 ) .
resolution.
\
Mr. BACON submitted an amendment proposing to increase
Mr. GALLINGER. Mr. President, yesterday I asked that the
the appropriation for improving Altamaha, Oconee, and Ocmul- 1 resolution should go over under the rule. I did so, thinking
1912.
CONGRESSIONAL RECORD— SENATE.
4537
The S ecretary . A bill (S. 3175) toj^egulfife"the immigration
Mr. JONES. Mr. President-----<f aliens to and the residence of^aiWffsm the United States.
The VICE PRESIDENT. Does the Senator from Oklahoma
> Mr. LODGE. I ask tha^fetfb' unfinished business be tempo yield further to the Senator from Washington?
rarily laid aside.
Mr. OWEN. I yield to the Senator from Washington.
' The VICE PRESIDENT. Without objection, upon the re
Mr. JONES. The only fault that I have to find with Pontius
quest of the jstefmtor from Massachusetts, the unfinished busi Pilate’s stand-pat proclivities is that when it was necessary to
ness w illjfcrtem porarily laid aside. The Senator from Wash stand pat he became a progressive.
ington will proceed.
Mr. OWEN. He had but little conception of justice or mercy,
/ A t t h e conclusion o f Mr. J ones ’ s speech,
Mr. President, or of the progressive movement of to-day, which
1 yMr. OWEN. Mr. President, I do not agree with the Senator stands for equal rights to all; but he well understood how to
/from Washington [Mr. J ones ] that this is merely a judicial stand pat with the political machine in Rome and in Jerusalem
fi^estion. On the contrary, I believe that the Lorimer case that gave special privilege to him and his allies at the expense
jrlould be determined as a legislative question, the Senate of o f the common people. His master, Tiberius, under whom he
p i ie United States determining for itself under the rule and was trained, found amusement in having men and wild beasts
nfnder the law its own membership, and that it should be guided fight to the death in the arena at Rome for his entertainment.
its determination of the question of Mr. L orimer retaining When Jesus Christ was brought before Pontius Pilate and
ois seat by the best interests of this Republic.
Pilate found no wrong in him, the chief priests falsely charged
I Regardless of the question as to whether Mr. L orimer was Christ with seeking to be “ King of the Jews ” and threatened
[guilty of personal corruption, and regardless of whether or not Pilate as an office holder. “ I f thou let this man go, thou art
Mr. L orimer knew of corruption in the Legislature o f Illinois, not Caesar’s friend. Whosoever maketh himself a king speaketk
I believe, provided always that there was established by com against Caesar.”
Then it was that this governor, this political judge from Rome,
petent evidence proof of corruption in the purchase of a single
vote in obtaining this seat for Mr. L orimer , that the election the direct product o f political patronage, yielded the innocent
should be declared void. In no other way can the power of cor prisoner at the bar to be crucified in the face o f justice and the
ruption be so effectually and adequately checked in electing prayers of his own good wife to save himself from possible in
convenience or misrepresentation at Rome, and he was suffi
Senators under the present system.
Mr. President, the Senator from Washington has ventured to ciently a villain that he wrote a false title and put it on the
repeat on the floor of the United States Senate the precedent of cross:
Jesus of Nazareth, the King of the Jews. (John xix, 19.)
Pontius Pilate delivering Christ to be crucified as an example
of the folly of permitting the judgment of the common people
Pilate’s wife advised him to mercy and justice. No iceman
to prevail over the decision or conduct o f an upright judge. had a dishonorable part in the crucifixion of our Lord.
This Pontius Pilate precedent has been repeated many times
Not s h e with traitorous kiss her Saviour stung,
Not s h e denied him with unholy tongue,
in the public press recently as an argument against the progres
S h e , when apostles shrunk, could dangers brave,
sive program o f “ the rule of the people ” in this country.
Last at the cross and earliest at the grave.
This argument implies that Pontius Pilate was a fair example
This unspeakable scoundrel, who ended his base career by
of an upright judge who was compelled to yield to the clamor
of the unthinking people, to “ the inflamed opinion of the mul suicide, is held up by the standpatters who use the Pontius
titude,” as the Senator from Washington says. I take issue Pilate precedent as a model judge, who wanted to do right, and
with the Senator from Washington in his apparent interpreta the common people are charged with being to blame for his
tion of the Pontius Tilate precedent. I believe in the recall of infamous crime.
such a judge as Pontius Pilate.
The common people were not responsible for the death of
Mr. JONES. Mr. President-----Christ. They in reality admired and loved Christ. It is of
The VICE PRESIDENT. Does the Senator from Oklahoma record in St. Mark (xii, 37) that “ the common people heard
Him gladly,” and throughout the Scriptures it is manifest that
yield to the Senator from Washington?
great multitudes o f the common people surrounded Jesus and
Mr. OWEN. I yield to the Senator from Washington.
Mr. JONES. I will say to the Senator that he and I might hung upon His teachings, which, though not recorded, were so
engraved in the memory of those same common people who
not be far apart on that proposition.
Mr. OWEN. I am glad to know that we are together on some heard Him that the wonderful prophecy of Christ after nineteen
hundred years is still verified—
proposition.
Heaven and earth shall pass away, but My words shall not pass away.
_ Mr. JONES. I am myself in favor o f the recall, the initia
tive, and referendum within proper restrictions, within State (Matt, xxiv, 35.)
The chief priests had soldiers employed to watch the grave of
lines, but I do not think that question was at all involved in
Christ to keep the common people from removing the body, and
what I said.
Mr. OWEN. I should even prefer the recall o f the unjust the common people— the fishermen, the sailors, the laborers, the
judgment of Pontius Pilate rather than to allow to stand his farmers of Judea— instead of condemning Him to death, treas
ured His words in their hearts, although they could not read
criminal decision of yielding innocence to murder.
and could not write, and treasured these words so faithfully
Mr. JONES. Mr. President-----The VICE PRESIDENT. Does the Senator from Oklahoma that they were handed down from generation to generation until
they have converted the whole world to the wisdom and beauty
yield further to the Senator from Washington?
of His teachings. And I remind the Senator from Washington
Mr. OWEN. I yield to the Senator from Washington.
Mr. JONES. It seems to me the Senator fails to appre that the essence of the doctrine of Christ is the moving force
ciate just the position I took. My position is that Pontius noiv of the progressive movement in America and throughout the
Pilate should not have yielded at all, but should have sacrificed world. It is the doctrine of the brotherhood of man. The
his office and his life if necessary to avoid the conviction of a doctrine of altruism. The doctrine o f service. It is a doctrine
which was utterly opposed to the system of government in
man whom he thought was innocent.
Judea in the days o f Pontius Pilate, which Christ expressly
Mr. OWEN. I agree with that view o f the Senator from criticized and condemned. He opposed the exercise of unjust
Washington, but the fact is that this judge did not do that. authority by the rulers over the people, and advised His fol
This wicked judge sent to death the innocent prisoner at the lowers to the contrary in the following w ords:
bar before him, and the common people are wrongfully charged
But it shall n o t be so among you; but whosoever will be great among
with his political crime by those using the Pontius Pilate prece you, l e t h i m he y o u r m i n i s t e r ; and whosoever will be chief among you,
l e t h i m he y o u r s e r v a n t .
(Matt, xx, 20—
27.)
dent.
Mr. JONES. Mr. President-----This is the doctrine of the progressive movement in the
The VICE PRESIDENT. Does the Senator from Oklahoma United States— that the people shall rule and the official shall
yield further to the Senator from Washington?
be a minister, a servant, and not a ruler.
Mr. OWEN. I yield to the Senator from Washington.
The truth is the people did not exercise the power to rule in
Mr. JONES. The only difference between Pontius Pilate and Judea. Christ Himself, in speaking to His disciples, reminded
myself on that proposition is that I am not going to yield to them of this fa c t:
the clamor.
Ye know that t h e p r i n c e s of the Gentiles exercise d o m i n io n o n e r
(Matt
Mr. OWEN. I congratulate the Senator from Washington on t h e m , and t h e y t h a t a r e g r e a t exercise a u t h o r i t y u p o n t h e m
having established an important difference between himself and xx, 25.)
In reality Pontius Pilate and Herod were “ the princes of
Pontius Pilate.
In the first place, Pontius Pilate was not an upright judge. the Gentiles ” who exercised this dominion over the common
He was a stand-pat, pie-counter politician from the house of people, and Annas and Caiaphas, the chief priests, the captains
Tiberius Caesar, serving as governor in Judea under the patron of the temple and the elders, ivere those who exercised au
thority over the common people.
age system of the Roman Empire.
4538
CONGRESSIONAL RECORD— SENATE.
Christ was not condemned to death by the common people,
but was sent to His death at the hands of the Roman soldiers
by the chief priests and scribes of the hierarchy at Jerusalem—
the misrepresentatives of the common people.
Christ Himself said:
Behold, we go up to Jerusalem; and the Son of Man shall be be
trayed u n t o th e c h i e f p r i e s t s and u n t o t h e s c r i b e s , and t h e y shall con
demn Him to death, and shall deliver Him to the Gentiles (the Roman
soldiers) to m
ock, and to scourge, and to crucify Him. (Matt.
Xx, 18-19.)
At the very time that this prophecy was made Christ entered
Jerusalem, and the common people met Him with great en
thusiasm.
A very grpat multitude spread their garments in the way: others
cut clow branches from the trees, and strewed them in the way, and
n
the multitudes that went before, and that followed, cried, saying,
Hosanna to the son of David : blessed is He that cometh in the name
or the Lord : Hosanna in the highest. (Matt, xxi, 8-9.)
*
And it was with this enthusiastic following of the common
people behind him that—
Jesus went into the Temple of God, and cast out all them .that sold
and bought in the Temple, and overthrew the tables of the money
changers * * * and said unto them, It is written, My house shall
be called the house of prayer, but ye have made it a den of thieves.
(Matt, xxi, 12-13.)
The “ den of thieves” was a part of the political machine of
Jerusalem.
And when t h e c h i e f
that Ho did, * * *
p r i e s t s a n d s c r i b e s saw the wonderful
t h e y ic e r e s o r e d is p le a s e d .
(Matt. xxi.
things
15.)
It was not the common people who condemned Christ, as the
Senator from Washington erroneously believes. It was “ the
chief priests ancl the elders," who “ were sore displeased,” who
took counsel against Jesus to put Him to death. (Matt, xxvii, 1.)
It was “ the chief priests and elders ” who were guilty of the un
speakable infamy of bribing Judas Iscariot with 30 pieces of
silver to betray Christ. (Matt, xxvii, 3.) It was “ the chief
priests and the elders ” that persuaded their strikers and hang
ers-on that they should prefer Barabbas and destroy Jesus.
(Matt, xxvii, 20.)
Jesus was not accused by the common people; he was accused
by "the chief priests and the elders." (Matt, xxvii, 12.) It was
“ the chief priests and elders " that seized Jesus in the garden
and led Him to Annas and then to Caiaphas, the high priest,
where the scribes and the elders were assembled. (Matt, xxvi,
57.)
It was “ the high p riest” who charged Christ with blasphemy,
and it was the priests and the elders who declared Him guilty
of blasphemy and worthy of death. (Matt, xxvii, 65-60.)
It was ‘‘the chief priests, the captains of the temple, and the
elders" who seized Christ in the garden and to whom He
replied. (Luke xxii, 52.)
It was they who took Him and led Him and brought Him
to the high priest’s house. (Luke xxii, 52-54.) It was the
chief priests and set-ibes who stood and vehemently accused
Him before Pilate and Herod. (Luke xxiii, 10.)
Mr. President, the men who were responsible for the cruci
fixion of Christ were Pilate, the political judge, the beneficiai-y
of a despicable standpat military patronage, and the machine
politicians of the hierarchy in Jerusalem, who had wormed
themselves in authority, and it was not the common people who
were responsible.
The common people heard, Him gladly. The common people
threw their clothes and palm branches in the streets for Him
to ride over, and shouted hosannas, and when Pilate and
Herod yielded to the demand of the machine politicians of Jeru
salem, of the reactionaries and conservatives of Jerusalem, and
turned Christ over to the soldiers of Herod for crucifixion, the
common people folloxoed Him with weeping and with sorrow.
The Scripture says:
And there followed Him a great company of people, and of women,
which also bewailed and lamented Him. (Luke, xxiii, 27.)
And—
Jesus, turning unto them, said, “ Daughters of Jerusalem, weep not for
m but weep for yourselves and for your children.” (Luke xxiii, 28.)
e,
If the people of Judea had had the power which had been
delegated to the machine politicians of Jerusalem they would
not have permitted Christ to be crucified.
The Senator from Washington evidently thinks that Pilate
was a virtuous judge and that the common people of Jerusa
lem were a howling mob. The fact is Pontius Pilate was a
typical machine politician from Rome, the beneficiary of im
perial patronage, willing to crucify Christ himself and write
with his own hand "a false epitaph over the cross, rather than
risk the loss of his political job. and the mob that led Pontius
Pilate to this crime was not a mob of the common people but
was a mob of temple thieves led by “ the high priests,” “ the
A pril i 0>
1912.
CONGRESSIONAL RECORD— SENATE.
S. 5957. A bill providing for tbe issuance of patents to entrymen for homesteads in the so-called Flathead irrigation project
(Kept. No. G04).
Mr. SMOOT, from the Committee on Public Lands,/ to# which
was referred the bill (S. 5079) to amend section 2 o f an act to
authorize the President o f the United States to stake with
drawals of public lands in certain cases, approved June 25,
reported it with amendments and submitted ajffeport (No.
605) Vhereon.
*
$
MrJ'MYERS, from the Committee on Indians Affairs, to which
was referred the bill (S. 5350) authorizing an#directing the
Secretary of the Interior to investigate and repoft upon the ad
visability^ o f constructing roads upon the diminished Colville
Indian Reservation in the State of Washington, and for other
purposes,
ported it with amendments and sjfhnitted a report
w
(No. 606) ffcereon.
Mr. WARDEN, from the Committee on Ifilitary Affairs, to
which was referred the bill (S. 2903) p r o v in g for the military
status o f J o % Gray, reported it with apjFendments and sub
mitted a repoi% (No. 607) thereon.
Jf
ROCK RIVER (ILL.) DAjjf.
Mr. NELSON From the Committee/pn Commerce I report
back favorably,
ithout amendment, tife bill (H. R. 20190) to
extend the time or the construction#!# a dam across Rock
Hirer, 111., and I ibmit a report (No.??600) thereon. I call the
attention of the s pior Senator from#)llinois (Mr. Cttllom] to
the bill.
Mr. CULLOM. ft ask for the imnjediate consideration o f the
bill.
The VICE PRESIDENT. The secretary will read tlie bill
for the information og, the Senate./
The Secretary read*lie bill, and, there being no objection, the
Senate, as in Committfee o f the Whole, proceeded to its considera tion.
The. bill was reported to the Senate without amendment, or
dered to a third reading read tile third time, and passed.
e |lls
introduced .
Bills were introduced, read the first time, and, by unanimous
consent, the second time, .fed referred as follow s:
‘
By Mr. SWANSON (for fir. M artin of Virginia) :
A bill (S. 6263) providing, for the improvement o f the road
way from the railroad cfepi&t at Fredericksburg, Va., to the
national cemetery near .Fredericksburg; to the Committee on
Military Affairs.
^
By Mr. SIMMONS: g
A bill ( S. 6264) grafting an
crease o f pension to Pleasant
W. Lowe (w ith accQjhpanyin,
per) ; to the Committee on
Pensions.
By Mr. GALLINGffiBR:
A bill (S. 6285) 0 amend an act
titled “ An act to reorgan*ze and increase tbp efficiency o f the
rsonnel of the Navy and
Marine Corps of aphe United States,” ^proved March 3. 1899;
to the Committed on Naval Affairs.
By Mr. B A C # T :
%
A bill (S. 62$6) to make lawful certaflfc, agreements between
employees am$ laborers and persons enga^d in agriculture or
horticulture, and to limit the issuing o f injunctions in certain
cases, and f « other purposes; to the Committee on Education
and Labor.
By Mr. B E R C Y :
\
A bill (S'. 6267) for the relief o f Alice Petrie Watkins, Charles
Petrie, aud heirs of Eva^ Petrie Hamilton, o f IVljssissippi; to
the Committee on Claims.*
\
By Mr. SMITH of A rizona:
\
A bill (S. 6268) to fix the times and places of h id in g dis
trict court for the district o f Arizona, and creating divisions
thereof; to the Committee on the Judiciary.
By Mr. CATRON:
'
\
A bill (g. 6269) to provide for the purchase of a site and the
erection of a public building thereon in the city o f Santa Fe, in
the State o f New M exico; to the Committee on Public Buildings
and Grounds.
am
i
Mr. OWEN:
A bill (S. 6270) granting an increase of pension to Ellis C.
Howe (with accompanying paper) ; to the Committee on Pen
sions.
.A bill (S. 6271) authorizing the construction of a national
highway from the Canadian border line immediately south of
Winnipeg, Canada, through the States of North Dakota, South
Bakota, Nebraska, Kansas, and Oklahoma to Galveston, Tex.
(with accompanying paper) ; to the Committee on Post Offices
and Post Roads.
4573
By Mr. SMOOT:
■A bill (S. 6272) to amend the reclamation law (with accom
panying papers) ; to the Committee on Public Lands.
By Mr. B R O W N :
A\bill (S. 6273) to codify, revise, and amend the laws relat
ing fp patents; to the Committee on Patents.
Mr;. BROWN. In connection with the bill I desire to present
a statement, being an analysis of the bill section by section. J I
move fhat it be printed and referred to the Committee on Pat
ents with the bill.
The motion was agreed to.
?
By Mr, BRANDEGEE:
/
A bill \S. 6274) for the relief of Edward W. Whitaker; tp the
Committee on Military Affairs.
AMENDMENTS TO RIVER AND IIARBOU BILL (il. R. 21477).
Mr. CHAMBERLAIN submitted an amendment relative to
the establishment of a harbor of refuge at Port Orford Harbor,
at Grave Y
raVd Point, Oreg., intended to be proposed by? him to
the river and harbor appropriation bill, which was referred to
the Committed on Commerce and ordered to be printedMr. PENROSE submitted an amendment relative jbo the pur
chase o f the existing Chesapeake & Delaware Cana Lrwliich con
nects the Chesapeake Bay with the Delaware /R iver, etc.,
intended to be proposed by him to the river and harbor appro
priation bill, whlph was referred to the CommJCtee on Com
merce and ordered, to be printed.
Mr. BANKHEAD submitted an amendment proposing to ap
propriate $60,000 for an inland waterway frofe Pensacola Bay
to Bay La Launch, Fla. and Ala., etc., intended to be proposed
by him to the river and harbor appropriation bill, which was
referred to the Committee on Commerce (tnd ordered to be
printed.
\
Mr. KERN submitted\m amendment' proposing to appropriate
.$25,000 for the construclon of a breakwater to protect the en
trance to the harbor at Indiana Harbor, Inti, etc., intended to be
proposed by him to the liv e r and harbor appropriation bill,
which was referred to the Committee on Commerce and ordered
to be printed.
AMENDMENTS T0.. APPROPRIATION BILLS.
Mr, ASHURST submitted ap amendment proposing to appro
priate .$250,000 to enable the Secretary of the Interior to carry
into effect, the provisions of tlip sixth article of the treaty of
June 8, 1868, between the United states and the Navajo Na
tion or Tribe o f Indians, etc., intended to be proposed by him
to the Indian appropriation bil(jf(H . R. 20728), which was
referred to the Committee on Indidn Affairs and ordered to be
printed.
\'
Mr. PENROSE submitted an amendment proposing to appro
priate $80,000 to meet the en$?rgency paused by the continuous
spread of the chestnut-bark ^disease, etc., intended to be pro
posed by him to the agricultural appropriation bill (H. R.
18960), which was referred to the Committee on Agriculture
and Forestry and ordered |> be printed. ;
£
OMNJjlUS CLAIMS BILL. \
Mr. GARDNER submitted an amendment intended to be pro
posed by him to the hilt (H. R. 19115) making appropriation
for payment o f certaii) claims in accordance V ith findings of
the Court of Claims, reported under the provisions of the acts
approved March 3, T$83, and March 3, 1887, Vnd commonly
known as tlie Bowman and the Tucker Acts, which, was referred
to the Committee oh"Claims and ordered to be printed.
ADDRESS BY PRESIDENT TAFT (S. DOC. NO. 55'g).
Mr. GALLINGER. I ask to have printed as a Senate docu
ment an addresstby President Taft delivered in Concord, N. H.,
on the 19th of March last.
The VICE PRESIDENT. Without objection, an ordet there
for is entered
COMMITTEE SERVICE.
Mr. CLARKE o f Arkansas, on behalf of Mr. B a il e y , asked
that he bo relieved from further service upon the Committee*ipn
Irrigation and Reclamation of Arid Lands, and Mr. B a ile y wijts
excused*
\
Mr. CLARKE o f Arkansas, on behalf of Mr. B r y a n , askedthat he be relieved from further service upon the Committee on
Public Lands, and Mr. B r yan was excused.
Mr. CLARKE o f Arkansas, on behalf of Mr. W atson , asked
thiat he be relieved from further service upon the Committee
ori Indian Affairs, and Mr. W atson was excused.
SN CLARKE o f Arkansas, on behalf o f Mr. L ea , asked that
Ir.
he be excused from further service upon the Committee on NaVhl
4574
CONGRESSIONAL RECORD— SENATE.
A pril n
There is not one single solitary institution of political or
n
liberty dear to the liberty-loving English-speaking race that
not due to the fact that the House of Commons always insis
upon this principle.
Under the Constitution itself tliacHouse of Representative
R e s o l v e d , That the following assignments to service on the standing
committees of the Senate be, and the same are hereby, made as follows : in control of money bills. It is/empowered to originate ’
Mr. L ea , of Tennessee, to Committees on Military Affairs and Dost which “ raise revenue.” This
a historic phrase and m
O
ffices and Post Itoads.
the same as “ supply bills ” /r “ money bills,” “ raising
Mr. W atson , of West Virginia, to Committee on Naval Affairs.
Mr. As hurst , of Arizona, to Committees on Public Buildings and nue” wherewith the Executive can “ carry on the Government”
Grounds, Pensions, Indian Affairs, Industrial Expositions, Conservation
of National Resources, and Forest Reservations and Protection of Game. and pay its various agent^r Under the Constitution the Senate
Mr. S m it h of Arizona, to Committees on Public Lands, District of Co of the United States is given power to amend such bills. This
lumbia, Irrigation and Reclamation of Arid Lands, Geological Survey, power to amend has beojTabused to the point that it frequently
and Railroads.
amounts virtually to origination. It has happened more than
Mr. DU PONT. I ask that I may be excused from further once that the Senator lias struck out all except an enacting
duty upon the Committee on Education and Labor and the clause and substitute an entirely new bill.
Committee on Expenditures in the War Department. It is
In opposing the/Senate committee amendment, which is to
owing to great committee duties on committees other than these strike out the Hpuse provision for the reduction of the Army
two that I make the request.
by these five Cavalry regiments, I am advocating not only the
The VICE P R E S I D E N T . Without objection, the request of principle invoked, but I am also advocating the particular
the Senator from Delaware is complied with, and he is excused legislation upon its own merits. I merely mentioned what i
from further service upon the committees named.
did because «ne of the objections that has been made to it was
that the Hpuse of Representatives was legislating upon an ap
employers’ liability and workmen ’ s compensation .
Mr. SMITH of Georgia. Mr. President, I desire to give propriation bill. The House of Representatives ought to legis
notice that upon Monday next, immediately after the routine late upon appropriation bills, wherever it has no other way of
business, with the consent of the Senate, I shall wish to address insuring and enforcing its will and the will of the people whom
the Senate upon the bill (S. 53S2) to provide an exclusive it dirgctly represents except by control of appropriations, and.
remedy and compensation for accidental injuries, resulting in it iaffollowing the long-beaten path of the progress of the Eugdisability or death, to employees of common carriers by rail lisj/speaking race when it does that.
roads engaged in interstate or foreign commerce, or in the Dis /But, in addition to that, there is no reason why, .even if the
principle be not well stated by analogy, the United States should
trict of Columbia.
have any greater Army now than it had prior to the Spanish.
QUORUM OF COMMITTEES.
American War, except that it ought to have about 10,000 addi
The VICE PRESIDENT. The Chair lays before the Senate tional men in the heavy Coast Artillery. I want to see the Army
resolution No. 280, submitted by the Senator from Arkansas of the United States reduced to what it was then plus about
[Mr. Clarke ], coming over from the last legislative day with 10,000 men in the heavy Coast Artillery. I believe, situated as
a motion pending that the resolution be referred, to the Com we are and enjoying a continental insularity, that it is wiser
mittee on Rules.
to spend such money as we propose to spend for defense—and
Mr. CLARKE of Arkansas. I ask that the further considera we ought to make that ample—in the way of fleets to seek our
tion of the resolution may be postponed until to-morffew.
enemies at sea and there sink or cripple them than it is to per
The VICE PRESIDENT. Without objection, Hint "order is mit them to land with the hope of whipping them after they
made.
yf
\
have landed, though I have no doubt of the fact that in the
ARMY APPROPRIATION BILL.
£
long run we could whip them after they landed. Any foreign
Mr. DU PONT. I move that the Senate proceed to the con army once landing here could never get away unless in ships,
sideration of House bill 18956, the Army appropriation bill. ■ and then only if the enemy held command of the sea. I would
The motion was agreed to; and the Senate as in Committed be perfectly willing to see the money that we save by this House
of the Whole, resumed the consideration # ’f the bill (H. R. proviso go" into a battleship, an additional one for defense; i
18950) making appropriation for the support of the Army for would be still more willing to see it go into a great many other
the fiscal year ending June 30. 1913, and M r other purposes.
thfags o f more importance to the American people than either.
Mr. WARREN. Before proceeding further with the bill, I
M P re sid e n t, while I am on this subject I propose to direct
ask the Senate to turn back to correcjjpa date on page 7. In my rdaiarks a little bit outside of the immediate question, j
the amendment of the committee, injfine 22, after the word lay dov\% the proposition that this is the most extravagant Gov
“ March,” I move to strike out “ second” and insert “ twenty- ernment *tjiat the white race is carrying on anywhere on the
third,” and, in the same line, to stride out “ seven ” and insert surface of'&ie earth to-day and with least excuse for large ex
“ ten,” so as to read: “ March 23, l$tO.”
penditures iier capita, extravagant in the expenditure of money
The amendment was agreed to. 4
with an extravagance that is growing day by day, with addi
The VICE PRESIDENT. AVitbfcut objection, the amendment tional employee^additional salaries, increased salaries, increased
of the committee as amended is /greed to. The pending amend provisions for a lf-departments of the Government of the United
ment is the amendment of thejfommittee, to strike out the pro States.
\
viso, beginning with the word/ ‘Provided,” in line 13, page 9.
I hold in my hand a little book, which is very interesting,
Mr. WILLIAMS. Mr. President, this bill as it came from the which I recommend f% Senators to read, containing some lec
.
House contained a proviso/That upon and after the 1st day tures delivered at tlie^Columbia University of New York by
of July, 1912, there shall Joe 10 regiments of Cavalry and no Henry James Ford, somefeme professor of politics in Princeton
more. In other words, die House of Representatives thought University. It is en titled^ The Cost of Our National Govern
that the present militarwforce of the United States ought to be ment.” I think some of you V ill be a little bit astonished—none
reduced by live regiment of Cavalry.
of the older Members of the ^ n a te will be—to learn how m
uch
There is a great de&l of difference of opinion, difference of money this Government does spend, what it amounts to per
statement at any rat# as to what live regiments of Cavalry capita, and how it has grown notNmly absolutely, but per capita.
cost the United Statffe per annum. I think that the cost of a
The net disbursements of this Government in 1878 were $236,cavalryman may be,'safely placed at about $1,200 a year in 964,327; in 1888 they had grown t<k$259,653,959; in 1898 they
continental America and some 20 per cent more in the Philip had grown to $443.368,582; and in 19(teto $659,196,319.
pines. But however that may be, and whatever may be the
To put the comparison in another way—
amount of money that would be saved per annum by the bill,
I am quoting now from a statement o\ George B. Cortelyou,
it will be a very;/considerable amount, very much needed now, Secretary of the Treasury under President Roosevelt, which fol
and still more to be needed after a little while, after certain lows this statement and is quoted in this book—
recent legislation of the two Houses goes into effect.
To put the comparison in another way, which even more graphically
I am a firm believer, Mr. President, in the idea that the illustrates the expansion, the growth in ordinary expenses—
House of Representatives of this Government, the only branch
Ordinary expenses—
of the Government which is directly elected by the people, ought for carrying on the Government, excluding interest on the public debt,
to hold the purse strings of the Nation. I believe that the but including payments for pensions and for many public works, was
Government of the United States, would be very much better if from $135,000,000 in 1878 to $ 638,000,000 in 1908, an increase of
the House of Representatives were to assert itself and insist nearly 400 per cent in a generation.
upon its constitutional right to hold the purse strings. In
Meanwhile, Mr. President, the increase of population during
Great Britain every muniment of English liberty owes its this period, during which expenditures increased 400 per cent,
existence to the insistence of the House of Commons, the only was only 84 per cent. I quote the utterance of Chairman
body there directly elected by the people, upon this principle. Tawney, at that time chairman of the Appropriations ComAffairs and tlie Committee on the District of Columbia, and Mr.
L ea was excused.
Mr. CLARKE of Arkansas submitted the following resolution,
which was read, considered by unanimous consent, and agreed to :
1912.
CONGRESSIONAL RECORD— SENATE.
4585
with eloquent voice one would hardly believe that Senators be thought probably it might be done under one unanimous con
sent.
lieved it themselves.
Senators proclaimed then, “ Hail the day of peace.” Yes;
Mr. WILLIAMS. I ask unanimous consent to return to that
we join you in tiiat, but first let us hail the day o f justice. ^Let p ortim /of the bill for the purpose o f then getting the yeas and
us hail the
o f/ right, that day when mankind shfUM/reat n a y s /if that consent be given.
•J
mankind as \Koth0s. Then and then only will come Use day of
Tne VICE PRESIDENT. Is there objq^tion t o ,the request of
peace.
/
jp
t£e Senatoi-^from Mississippi to return? to the amendment tp
Mr. P r e ^ le i^ Notwithstanding the fact that; womave pissed strike out^fe-pages 9 and 10? The (£hfiir heajs non6. Is there'
the arbitmtiop" treaties,Ido .'hot,believe ' 14 '
e millenniUrnffias [/now p b jo«ion to the request of th0 Senato| ta/uerpand the
come, no|r d a 'l J$eU4Ve that imiyersal p?
yet in sight. W e/ yeas'and hays? The Chair hears no objection ro/that.’
have not'yet reached .that condition When ^mitten on one chee.
::$Tr. WpLLlAlVlS. Now I ask for the yeas and nays.
we are ready to turtir the ’ other also. Particularly I feel tM t
" The VTCE PRESIDENT. Is the request of the Senator from
this is true when I read from the docunjfnt I have in my hand, Mississippi for the yeas and nays seconded? [Putting the ques
which I procured from the Navy D etrim en t, that in Great tion.] . Nine Senators have seconded the demand—not a suffi
Britain they have now on the w a j^ ^ f c ly to slide into the^quiet cient, number.
waters of the Mersey andi&tfJmeT battleships, now building, of
Mi. WILLIAMS. Is not that one-fifth of the Members pres
the Dreadnought type, ip'farmored^cruisers, of the IjPrincihle ent, Mr. President?
type, 4 ; armored cruisef s, G,000
1,000 tons, 1 0 ; torpedo-boat
The VICE PRESIDENT. It is not one-fifth of a quorum,
destroyers, 31; submarine vessels^ fnd craft of the various kinds, and it is always assumed that a quorum is present.
1 ! : making a total of 72.
/
Mr. W ILLIAMS. Then I suggest the absence of a quorum.
Mr. President, I find that jBfreat Britain has on the ways 72
The VICE PRESIDENT. The Secretary will call the roll.
engines o f war, of devastation, hell, and destruction that are
Mr. WARREN. Will you withhold the suggestion just a
ready to glide into the waters; and, in view of this fact, I must second, Mr. President? The Senator from Mississippi certainly
say that I protest against the thoughts and ideas that were so knows that every opportunity has been accorded him on this
eloquently expressed, that we had reached the day of the matter. Does he think it is necessary to pursue it any further?
Mr. WILLIAMS. I think it is absolutely necessary to have
millennium of peace when we would have no army and that arbi
tration would take its place.
a fair expression o f the Senate as to whether one-fifth of its
In view of these facts, and o f the report o f the committee, I membership or one-fifth o f a quorum can demand the yeas and
shall oppose any part that shall reduce the Infantry Arm of nays if a quorum is not present.
Mr. LODGE. Let the request be again put, Mr. President.
this country.
The VICE PRESIDENT. The Chair will again put the re
t Mr. THORNTON. Mr. President, before the Senator from
quest. Those seconding the request for the yeas and nays will
New Jersey takes his seat I should like to call his attention to
the fact that we did not pass those arbitration treaties to bring indicate it by raised hands.
The yeas and nays were ordered.
about general peace, but that, on the contrary, we knocked them
Mr. BACON. I nnderstnji^Jpe question tp hq qn the^nmendinto a “ cocked hat,” using the expression of Gov. Wilson when
referring to another matter.
ment proposed byjtlae-cfiffimittee.
,-Tbe VICE PRESIDENT. Certainly.
Mr. MARTINS of New Jersey. As far as we could, we rati
fied them. I insist that only three Members o f this body who
Mr. BACON And those who are in favor of the reduction
would stand up here and support a Navy would be the thr&s' of the present number o f the Cavalry regiments will vote
Members of the body who voted against them, and I happen Jb “ nay ” on the amendment and those who oppose it will vote
be one of them. The Senators went at least as far as they could “ yea.” Am I correct?
in the proposition; hut that has nothing to do with my position
The VICE, PRESIDENT. Those who favor the amendment
in this case.
will vote “ y e a ” and those who oppose it will vote “ nay.”
Mr. WILLIAMS. The amendment keeps the Army at its
The VICE PRESIDENT. The question is on agreeing to the
present force, and if the amendment is voted down, it reduces
amendment of the committee.
the Army five regiments.
The amendment was agreed to.
Mr. WARREN. I think there is a misunderstanding about
The reading of the bill was continued to line 5, on page 1 1 .
Mr. WILLIAMS. Mr. President, I was temporarily out of the it, and in order that we may be sure-----The VICE PRESIDENT. The amendment is to strike out,
Chamber. I am informed that the amendment was voted on
beginning with the word “ Provided,” in line 13, on page 9, and
While I was absent.
The VICE PRESIDENT. The amendment was voted on and ending with the word “ act,” in line 6, on page 10.
Mr. WARREN. A vote “ yea ” is to sustain the committee
carried.
Mr. WILLIAMS. I thought the roll was to be called. I in striking it out ?
The VICE PRESIDENT. A vote “ yea ” is to strike it out,
fio not know whether it is in order, but I should like to have
which is the committee amendment. The Secretary will call
the yeas and nays on the amendment.
The VICE PRESIDENT. Is there objection to granting the the roll.
The Secretary proceeded to call the roll.
request of the Senator from Mississippi that the yeas and nays
Mr. CULLOM (when his name was called). I have a general
be ordered upon the amendment which was carried, being the
pair with the Senator from West Virginia [Mr. C iiilto n ]. I
amendment to strike out on pages 9 and 10.
Mr. CULBERSON. I suggest that the question ought to be do not know how he would vote if present, and I therefore
withhold my vote.
put whether the Senator can now demand the yeas and nays.
Mr. BRYAN (when Mr. F letcher ’ s name was called). My
The VICE PRESIDENT. The Chair is perfectly clear upon
colleague [Mr. F letcher ] is necessarily absent. I-Ie is paired
that point. It can only be done by unanimous consent.
Mr. CULBERSON. It requires one-fifth o f the Senators with the junior Senator from Kentucky [Mr. B radley ] .
Mr. CUMMINS (when Mr. K e n yo n ’ s name was called). My
Present to order the yeas and nays, affirmatively stated.
The VICE PRESIDENT. And by unanimous consent of colleague [Mr. K e n y o n ] is absent from Ihe city. Ir present,
he would vote “ yea.”
course the yeas and nays can be ordered.
Mr. LODGE (when his name was called). I have a general
Mr. CULBERSON. But the point is that it is too late.
The VICE PRESIDENT. Certainly; ‘ except by unanimous pair with the junior Senator from New York [Mr. O’Go r m a n ].
I transfer that pair to the junior Senator from Illinois [Mr.
consent it is too late.
Mr. CULBERSON. I f the Senator from Mississippi would L orimer ] and vote. I vote “ yea.”
Mr. SWANSON (when the name of Mr. Martin of Virginia
request the yeas and nays, I would not make the point. I have
h° objection to the Senator making the request for the yeas and was called). My colleague [Mr. M a r t in ] is detained from Ihe
Senate on account o f illness in his family. He is paired with
hays at this time.
Mr. WILLIAMS. That is all that the request for unanimous the senior Senator from New York [Mr. R oot].
Mr. MARTINI! of New Jersey (when the name of Mr. S m ith
consent involves. If the request for unanimous consent is
granted, the yeas and nays can only be ordered by a one-fifth o f South Carolina was called). I was asked to state for the
Senator from South Carolina [Mr. S m i t h ] that he is paired
Vote.
with the Senatqr from Delaware [Mr. R ichardson ].
Mr. CULBERSON. I have nd objection to that.
Mr. SHIVELY (when Mr. S tone ’ s name was called). The
Mr. WILLIAMS. What I ask is unanimous consent to de
mand the 3
reas and nays; and then, if the demand is not sec senior Senator from Missouri [Mr. S tone ] is necessarily absent
onded by a fifth of the Senators present, of course that is a from the city. He is paired with the senior Senator from
Wyoming [Mr. Cl a r k ].
different thing.
Mr. SMITH of Michigan (when Mr. T ow nsend ’ s name was
The VICE PRESIDENT. Of course the request technically
hiust be to return to that portion of the bill, but the Chair called). My colleague [Mr. T o w n sen d ] is necessarily absent
CONGRESSIONAL RECORD— SENATE.
4588
from the Chamber. I understand he is paired with the Sen
ator from Maine [Mr. Gardner],
The roll call was concluded.
Mr. JOHNSTON of Alabama. I wish to state that my col
league [Mr. B a n k h ead ] is paired with the Senator from Idaho
[Mr. II eyrubn ]. I wish also to state that the Senator from
Texas [Mr. B a ile y ] is paired with the Senator from Montana
[Mr. D ixo n ].
Mr. CHAMBERLAIN. I am paired with the junior Senator
from Pennsylvania [Mr. Oliver], but I understand that he and
I would vote the same way. So I take the liberty to vote. I
vote “ yea.”
Mr. BRIGGS. I have a general pair with the Senator from
.West Virginia [Mr. W atson ]. A s he has not voted, I will
withhold my vote.
Mr. CULLOM. As I have stated, I have a general pair with
the Senator from West Virginia [Mr. Chilton ], but I trangfer
that pair to the Senator from Connecticut [Mr. B randegee]
and vote. I vote “ yea.”
Mr. PAGE. I wish to announce that my colleague [Mr. D il
l in g h a m ] is absent from the city. He is paired with the senior
Senator from South Carolina [Mr. T il lm a n ].
Mr. BURNHAM. I have a general pair with the junior Sena
tor from Maryland [Mr. Sm ith ]. In his absence I withhold
my vote. If at liberty to vote, I should vote “ yea.”
Mr. JONES. I desire to state that the junior Senator from
Kentucky [Mr. B radley] is out of the city, and I desire that
this announcement shall stand for the day.
Mr. WARREN. I desire to say that my colleague [Mr.
C
r
.
t
h
e
day. He is paired with the
fteruor Senator from INIissourf^p^v Stone ].
Mj>'tjlJRTIS. I am requestedn^aayiounce that the Senator
fram South Dakota [Mr. Gamble ] is pPftii^d. with the Senator
rom Oklahoma [Mr. O w e n ]. I also wish toNs^te that the Sen
a to r from Ohio [Mr. B urton] is paired with tmSi-Renator from
Nevada [Mr. N ew lands ].
The result was announced—yeas 47, nays 6, as folio
Ashurst
Bacon
Borah
Bourne
Bristow
Brown
Bryan
Catron
Chamberlain
Crane
Crawford
Culberson
Clarke, Ark.
Gore
\
Bailey
Bankhead
Bradley
Brandegee
Briggs
Burnham
Burton
Chilton
Clapp
Clark, Wyo.
Davis
YEAS—47.
Cullom
Lodge
Cummins
McCumber
Curtis
McLean
du Pont
Martine, N. J.
Fall
Myers
Foster
Nelson
Gallinger
Page
Johnston, Ala.
Paynter
Jones
Penrose
Kern
Perkins
Lea
Poindexter
Raynor
Lippitt
NAYS—G
.
Gronna
Swanson
Overman
NOT VOTING— 42.
Dillingham
Lorimer
Dixon
Martin, Va.
Fletcher
Newlands
Gamble
Nixon
Gardner
O'Gorman
Guggenheim
Oliver
Heyburn
Owen
Hitchcock
Percy
Johnson, Me.
Pomerene
Kenyon
Reed
La Follette
Richardson
Sanders
%
Shively
Smith, Ariz,
Smith, Ga.
Smith, Mich.
Smoot
Stephenson
Sutherland
Thornton
Warren
Wetmore
Williams
Root
Simmons
Smith, Md.
Smith, S. C.
Stone
Tillman
Townsend
Watson
Works
V So the amendment was a;greed to.
' Air. OVERMAN. Before the reading o f the bill is resumedof’ course, this is hardly the proper place—I wish to say that
I havq been reading the report of the committee, which is vej;
brief. I uojfice the increase over the House bill is $7,53^
I also notide tkut_J.be bill, as reported fron^Jjj^-^fifite com
mittee, carries a iar?birvw*Twi
»vpw
,925.01 than the
last bill. I should like to know why there has been this ex
ceedingly large increase over the last appropriation of nearly
$3,000,000 without any reason being given to show why it is
necessary.
.Mr. DU PONT. Mr. President, I will say to the Senator from
North Carolina that the increases are mainly due to the fact
that the committee has fixed the amount in accordance with the
estimates, otherwise the only result would be a large deficiency,
as the items of pay to officers and enlisted men are simply a
mathematical computation.
Mr. BACON. I hope the Senator will speak louder. We want
to get the information, but we have not heard a word he has
said.
Mr. DU PONT. There is so much confusion in the Chamber
that I am not surprised.
The VICE PRESIDENT. The Senate will please be in order.
Mr. DU PONT. I will repeat, for the benefit of the Senator
from Georgia, that a large portion of the increase has been
A pril 11,
caused by fixing the amount slightly below the estimates, par,
ticularly in the case of the pay of officers and enlisted mem
These estimates are based upon mathematical computations
taking into consideration the number of men and what they are
allowed by law. Nothing was to be gained, in the opinion of
the committee, by keeping them down below those figures, be
cause it. would simply lead to a deficiency bill. Then there are
additions to the reserve ammunition, as the Senator will observe
as we go on, mainly for the artillery and for the militia.
Mr. OVERMAN. Has the Army been increased since the last
appropriation bill?
Mr. DU PONT. No; but the militia has been given in,
creased amounts of material necessary for its instruction and
equipment
Mr. OVERMAN. How much additional has been given to the
national guard?
Mr. DU PONT. No addition to the number, but there have
been additions to their equipment.
Mr. OVERMAN. So that practically the Army is in the same
condition that it was two years ago, and yet we increase the
appropriation $2,726,925 over the amount carried by the last
appropriation bill.
3\lr. DU PONT. I will say to the Senator from North Caro
lina that when the bill is completed and he has had an-oppo^
tunity of examining each item he will see for himself the rea
sons for the increases, and I think they will be satisfactory
to him.
Mr. OVERMAN. I do not know whether I will qr not, be
cause the Senator has made no report here, except to state the
fact of the increase. I thought he could give a general rdsurud
so that we would be informed as we come to each item, t
should like to have the Senator tell me the reason for this in
crease. He has admitted that the Army stands about where it
did when we made the enormous appropriation of last year*
but this bill carries $2,700,000 more than the appropriation of
last year, although, as I have said, the Army is the same as it
was then, and there has been no increase in the number of the
National Guard. I should like to know, therefore, why these
increases are necessary.
Mr. WARREN. I desire to say, in answer to the Senator ’a
statement, that the last Army bill was not an enormous bill*
that it was several million dollars, about $8,000,000 less-----’
l r. OVERMAN. I was a member of the committee, and the
M
redaction was recommended by the President of the United
S ta %
MivSVARREN. I am not finding any fault with that reduc
tion of^vith the Senator in connection with it, but the fact ig'
that thalamount appropriated by that bill was about $8,000,000
less thamthe amount appropriated the year before. In order
to enablemis to make that reduction we omitted the provisions
for maint»ning the surplus of military supplies, such as cloth
ing, and s| forth ; we provided nothing of consequence in the
way of nelv artillery, which was very much needed for the
militia, antiso forth. The consequence is that on account of the
lower appropriations of last year and the consumption of sur
plus stock fhat had been accumulated, it is necessary this year
to make provision for reserve supplies. For instance, in the
matter of Clothing there were considerations involved, such as
the proportion to have a different style of uniform; and, as the
Senator Jrell knows, there was much talk about cheaper cloth
ing whjeli might follow a change of the tariff, although the
chana^; as Senators know, did not materialize, and the conseIce is that we have greatly reduced, in fact, almost ex'
lusted oui surplus supply.
Now, taking the list of items in which increases have been
recommended by the committee, here is the matter of clothing
For extra clothing—that is, for surplus clothing and camp and
garrison equipage—there is an increase of $618,429; for surplus1
ammunition for the Organized Militia, $500,000; for field artil-i
lery for Organized Militia, $4SO,000; and for automatic machinerifles, $100,000.
Mr. OVERMAN. Now, I want to ask the Senator----- ,j
Mr. WARREN. One moment please—so that more than a
million and a half of the increase goes to make provision for'
properly equipping the State militia and for surplus clothing— matters which were more or less neglected last year.
Mr. OVERMAN. Does not this mean the storage of great war
supplies in warehouses in the country which we could get alon<»
without?
5
Mr. WARREN. Not as to supplies for the militia. It is sim
ply to make provision so that in the event they should be called
into the field they may be properly armed and equipped.
Mr. OVERMAN. The statement in regard to accumulating
supplies in warehouses may not apply to the militia, but as to
the other items is it not the purpose to fill up the storage ware-
1912.
CONGRESSIONAL RECORD— SENATE.
A bill (S. 6322) granting a pension to Daniel B. Waggoner
(with accompanying papers) ;
A bill (S. 6323) granting an increase of pension to Harvey H.
Carr (with accompanying papers) ;
A bill (S. 6324) granting an increase o f pension to Samuel N.
West (with accompanying papers) ; and
A bill (S. 6325) granting an increase of pension to William
Worthington (with accompanying papers) ; to the Committee on
Pensions.
By Mr. BAILEY (by request) :
A bill (S. 6326) granting a pension to William E. Bailey
(with accompanying papers) ; to the Committee on Pensions.
By Mr. GALLlNGER:
A bill (S. 6327) to amend section 797a of Chapter X V III of
Subchapter X V of the Code of Law for the District of Co
lumbia (with accompanying papers) ; to the Committee on the
District of Columbia.
By Mr. CURTIS:
A joint Resolution (S. J. Res. 9S) fixing the number of presi
dential electors, and for other purposes; to the Committee on
the Judiciary.
ALASKA KAILWAY COMMISSION.
Mr. SMITH of Michigan. By direction of the Committee on
Territories, I introduce a bill to provide for the construction
and equipment of 1,000 miles o f railroad in Alaska, and for
other purposes, and I ask to have it read for the information of
the Senate and then referred.
The bill (S. 6275) to provide for the construction and equip
ment of 1,000 miles of railroad in Alaska, and for other pur
poses, was read the first time by its title and the second time
at length, as follows :
A bill (S. 6275) to provide for the construction and equipment of 1,000
miles of railroad in Alaska, and for other purposes.
l i e i t e n a c t e d , e t c . , That the President of the United States is hereby
authorized and directed, through the Alaska Railway Commission,
herein provided for, to make examinations and surveys for and to locate,
construct, and equip such line or lines of railroad and such appurte
nances thereto as are necessary or convenient for the operation and
maintenance of such line or lines of railroad as common carriers as
vvill, in his judgment, open up Alaska and lead to the development of its
mineral, agricultural, and other resources, and will make it possible
to obtain a coal supply suitable for the Navy and other Government
uses: P r o v i d e d , That this act shall not authorize the construction^ex
clusive of sidings, switches, and turnouts, of more than 1,000 n §Ss of
5
railroad.
Sec. 2. That to enable the President to carry this act ii^ff effect
there is hereby created the Alaska Railway Commission, to b&jfbmposed
of live members, who shall, by and with the advice and cou$£ht of the
Senate, be appointed by the President and shall be subjeg^to his re
moval. One member of such commission shall be an ofiieg5f of the En
gineer Corps of the United States Army, who shall be ch
yiiir engineer and
chairman of the commission.
Sec. 3. That the members of this commission, whihgSctually engaged
in the work of the commission, shall receive such coij^cnsation as shall
he determined as just and equitable and as sk&pUbe fixed by the
President, together with necessary traveling expenses and subsistence
While going to and from and while engaged in t!;# field service, and no
more : P r o v i d e d , That any person already in Goysafement service, either
appointed on or detailed to the commission, v o salary is fixed by
s^S se
law, may receive such additional compensation's may be just and equi
table and as may be fixed by the President. Jefr
Sec. 4. That the President shall annuallg^submit to Congress a re
port on the work of the Alaska Railway Commission, including a state
ment of expenditures, which shall contopT a list of members of the
commission and all technical employeesguthereof, together with their
salaries.
Jf
Sec. 5. That the commission shall Jpquire, in the manner provided
by the act of Congress approved May -J|’ 1898, entitled “An act to extend
the homestead law to Alaska, and fag? other purposes,” in the name of
the Alaska Commission, the rightsdjt way for any designated line or
lines of railway and for the necegpry station or terminal grounds in
cpnnection therewith ; and the commission is authorized to exercise the
right of eminent domain and may sue and be sued in the name of the
Alaska Railway Commission. The President may make reservation of
such additional public lands for rights of way, stations, terminal
grounds, or other purposes, as may be necessary for carrying out the
W
ork herein authorized.
Y
Sec. 6 . That where any Mine designated for construction connects
with any existing line th^geommission, subject to the approval of the
t resident, may acquire by purchase such existing line, with all its ap
purtenances, at its fair and reasonable value : P r o v i d e d , That the comruission may, in its discretion, subject to the approval of the President,
acquire by lease instead of by purchase any existing line or lines, upon
such terms and conditions and at such rentals as may be agreed upon by
rhe company owningt such line or lines and the commission, but the
rental shall not in any case exceed 4 per cent per annum upon the
reasonable value of.'each line : P r o v i d e d f u r t h e r , That the commission
shall not be bounff to acquire any such existing line or lines by either
Purchase or lease, but may contract for running powers and hauling
rights over such-line or lines or for the transportation of persons and
Property over such line or lines at such fair and reasonable rates as
h^ay be agreedJfipon by the company owning such line or lines and the
commission, aiid in case of disagreement as to the reasonableness of
any rate for .transportation, the same may be determined by the Inter
state Commerce Commission.
Sec. 7. That any line of railroad designated and constructed under
the provisions of this act may connect with the line of any existing
railroad in Alaska, and, in such case, the existing line shall be oper
ated in connection with the new line as a through route with through
rates upon a fair and reasonable apportionment of revenue and expenses.
4623
S ec . 8. That the Secretary of the Treasury is hereby authorized ifS
borrow on the credit of 4110 United States, from time to time as/Thc
proceeds may be required to defray expenses on account of the RSe or
lines of railroad herein authorized to be constructed or acquired^such
sum or sums as may be sufficient therefor, and to prepare*® issue
therefor coupon or registered bonds of the United States imifSch form
as he may prescribe and in denominations of $10 0 , $500,~J$fid $1 ,000 ,
payable 50 years from the date of issue and bearing intjwest, payable
m gold coin, at a rate not exceeding 3 per cent per ajjffium and the
,
bonds herein authorized shall be exempt from all taxesypr duties of the
United States as well as from taxation in any form Jap1or under State,
municipal, or local authority : P r o v i d e d , That saidJisonds may be dis
posed of by the Secretary of the Treasury at nofc^ss than par, under
such regulations as he may prescribe, giving to aMTitizens of the United
States an equal opportunity to subscribe therapor, but no commission
shall be allowed or paid thereon, and a sumjSet exceeding one-tenth of
1 per cent of the amount of bonds herein,J|ffithorized is hereby appro
priated, out of any money in the Treasurrfnot otherwise appropriated,
to pay the expenses of preparing, advertpmg, and issuing the same.
Sec. 9. That the bonds authorized Jigr this act shall be known and
designated as “Alaska railway bonds|r and shall be a first lien and
charge against the line or lines in aspect of which the proceeds shall
have been expended and against th^revenues and property of such line
or lines of whatever kind or description, present or future, and the net
revenue to be derived from the hpre or several lines shall be devoted to
the payment of the interest iriB the bonds and to the payment and
ra
retirement of the principal tkpreof as hereinafter provided.
Sec. 10. That there is hefieby appropriated, out of any money in the
Treasury not otherwise appropriated, the sum of $1,000,000, to be ex
pended under the direction of the President in accordance with this
act and for each and ($pry purpose connected with the same, the said
sum to continue avaikejne "until expended : P r o v i d e d , That all expendi
tures from this appEjSmation shall be reimbursed to the Treasury out
of the proceeds of tgir sale of the bonds herein authorized.
Sec. 11. That tlpKAlaska Railway Commission is hereby authorized to
operate any line.Jfjr lines of railway in Alaska being constructed by it,
during the per|Sr of construction and until further action of Congress
thereon, andMgpfewise to operate any line or lines purchased by the
United Statgpan Alaska; the said commission shall have authority to
fix reasona-lpe rules and regulations for the control and operation of
such line A lines and authority to fix reasonable passenger and freight
Sr’
rates ouvgBd over the said line or lines, and is authorized in connection
with thgffiwners, lessees, operators, or officers of any connecting line or
lines qpTailway or steamship or other system of transportation, to fix
reaso|pi)le joint passenger or freight rates over said connecting line or
lineg|faud to adopt usual rules or regulations for the transfer of passengepg| freight, or cars from one line to the other upon reasonable and just
dijfkion of rates and charges, and generally to do all acts and things not
JgPviolation of law necessary to be done by the owner or operator of any
•
railway in the management of its business. The said commission shall
have and exercise all the rights and be subject to all the duties and
liabilities imposed upon any corporation or any person or common
carrier in the transportation of passengers or property: P r o v i d e d , That
so much of section 460 of the act entitled “An act to define and punish
crimes in the District of Alaska and to provide a code of criminal pro
cedure for said district,” approved March 3, 1899, as amended by
section 29 of the act entitled “An act making further provision for a
civil government for Alaska, and for other purposes,” approved June
6 , 1900, as reads as follows : “ Railroads, $100 per mile per annum on
each mile operated,” shall be, and both said clauses are, hereby re
pealed.
Sec. 12. That upon or prior to the completion of any line of railroad
constructed hereunder the commission may, subject to the direction and
approval of the President, and upon tender, lease such line or lines for
the operation thereof for a term not exceeding 50 years in such manner
and on such terms as shall hereafter be provided by Congress.
Sec. 13. That the Alaska Railway Commission is hereby authorized,
under the direction of the President, to perform any and all acts, in
cluding the employment of necessary technical, clerical, and laboring
force, the rental of suitable quarters in Washington and elsewhere, the
purchase of supplies, tools, and equipment that may be necessary and
proper, for the purposes of carrying the provisions of this act into
effect: P r o v i d e d , That any tools, equipment, or other property belong
ing to the Government, used in constructing the Panama Canal or else
where, and no longer needed for such purpose, may be transferred to the
commission for use in Alaska.
S ec . 14. That the provisions of the act of Congress approved May 3,
1908, entitled “An act granting to certain employees of the United
States the right to receive from it compensation for injuries sustained
in the course of their employment,” are hereby extended and made to
apply to persons employed under the provisions of this act.
Tlie VICE PRESIDENT. Without objection, the bill will be
referred to the Committee on Territories.
AMENDMENTS TO RIVER AND ITARD R BILL ( H. R. 214 77).
O
Mr. CLAPP (for Mr. L a F ollette ) submitted an amendment
relative to a survey of the mouth of the Siskiwit River on Lake
Superior, and also for the improvement of Brule Harbor, Wis.,
etc., intended to be proposed by him to the river and harbor
appropriation bill, which was referred to the Committee on
Commerce and ordered to be printed.
Mr. SMITH o f Michigan submitted an amendment relative to
the improvement of Charlevoix Harbor, Mich., etc., intended to
be proposed by him to the river and harbor appropriation bill,
which was referred to the Committee on Commerce and ordered
to be printed.
He also submitted an amendment relative to the improvement
of Grays Reef Passage, off Waugoshance, in Lake Michigan,
etc., intended to be proposed by him to the river and harbor
appropriation bill, which was referred to the Committee on
Commerce and ordered to be printed.
He also submitted an amendment relative to the survey, for
the purpose of charting only, o f Crooked Lake, Burt Lake, and
Mullett Lake, and their connecting waters, etc., intended to bo
CONGRESSIONAL RECORD— SENATE.
4 6 24
PEX L
12 ,
S. J. Res. 96. Joint resolution to amend
entitled “An act
appropriating $350,000 for the purpose of
intaining and protecting against impending floods the levei
the Mississippi
River,” approved April 3, 1912; and
AMENDMENT TO INDIAN APPROPRIATION BILL.
S. 5718. An act to authorize the Sec
of the Interior
Mr. ASIiURST submitted an amendment proposing to appro to secure for the United States title
atented lands in the
priate $2S
j0,000 to carry into effect the provisions o f the sixth Vosemite National Park, and for other
rposes.
article of the treaty of June S, 1868, between the United States
On April 10, 1912:
and the Navajo Nation or Tribe of Indians, etc., intended to be
S. J. Res. 93. Joint resolution autlio zing the Librarian of
proposed by h'nn to the Indian appropriation bill (H. R. 20728), Congress to furnish a copy of the
and
which was referred to the Committee on Indian Affairs and sio n a l R ecord to the undersecretary o f state for bound C ongresexternal affairs
ordered to be printed.
of Canada in exchange for a copy of thf Parliamentary Hansard
proposed by him to the river and harbor appropriation bill,
which was referred to the Committee on Commerce and ordered
to be printed.
AIDS TO NAVIGATION.
QUORUM OF COMMITTEES.
Mr. PENROSE su^iitted an amendment intended to be pro
The VICE PRESIDENT. The Chair lays before the Senate
posed by him to the bhl (II. R. 22043) to authorize additional a resolution coming over from a former legislative day, which
aids to navigation in the^Liglithouse Service, and for other pur will be read.
poses, which was referrecn^p the Committee on Commerce and
The Secretary read the resolu tion 's. Res. 280) submitted by
ordered to be printed.
Mr. Cla r k e of Arkansas on the 9th Instant, as follow s:
INDIA* LAWS.
Mr. CLAPP submitted the following resolution (S. Res. 282),
which was read and referred to the^Committee on Printing:
R e s o l v e d , That the manuscript of tbik.laws, agreements, Executive
orders, proclamations, etc., relating to Im
fean affairs, be printed as a
Senate document.
COMMITTEE SERVICI
Mr. G u g g e n h e im was, on his own niStton, excused from
further service upon the Committee on Milifiicy Affairs.
PUBLIC-LAND ENTRIES.
The VICE PRESIDENT. The junior SenatorNhom Oregon
[Mr. C h a m b e r l a in ] has asked in writing to be rerieved from
further service as one of the conferees on the part of tfte Senate
on the bill (S. 3367) to amend section 2291 and sectiolL 2297
of the Revised Statutes of the United States, relating to msmesteads. Without objection the request of the junior Senal
from Oregon is granted. The Chair appoints the senior Senatol
from Nevada [Mr. N e w l a n d s ] to fill the vacancy.
THE POSTAL EXPRESS (S. DOC. NO. 5 5 7 ).
Mr. OWEN. I present a memorial relative to a postal ex
press, which I ask to have printed as a Senate document and
referred to the Committee on Post Offices and Post Roads.
Mr. SMOOT. I should like to ask the Senator on what sub
ject is the memorial?
Mr. OWEN. The memorial relates to a parcel-post express.
It is short and explains the reason why merchants should not
object to that system.
Mr. SMOOT. Is it a memorial from some organization?
Mr. OWEN. It is a memorial by George P. Hampton, sec
retary of the Postal Express Federation. As I have stated,
it is not a long memorial, and will be useful for the purpose I
have named.
The VICE PRESIDENT. Without objection, an order to
print will be entered, and the memorial will be referred to the
Committee on Post Offices and Post Roads.
THE INITIATIVE AND REFERENDUM (S. DOC. NO. 5 56 ).
R e s o l v e d , That the several standing committees of the Senate having
a membership of more than three Senators are hereby respectively au
?
thorized to fix, each for itself, the number of its members who shall con
stitute a quorum thereof for the transaction of such business as mav
he considered by said committee; butUn no case shall a committee
acting under authority of this resolution, fix as a quorum thereof anv
number less than one-third of its entil'd- membership.
y
Thu VICE PRESIDENT. The r&olution is before the Senate.
The pending question is on the ^notion of the Senator from
Kansas [Mr. C u r t is ] to refer the(;resolution to the Committee
on Rules.
Mr. CURTIS. I withdraw my jtootion to refer the resolution
and offer the amendment which j send to the desk, if amend
ments are now in order.
The VICE PRESIDENT. Tins Senator from Kansas with
draws his motion to refer the resolution and offers an amend
ment to the resolution, which will be stated.
The S ecrtetary . At the end of the resolution, after the word
membership,” it is proposed tot strike out the period, insert a
mma, and to add “ nor shall a$y report be made to the Senate
that is not authorized by the concurrence of more than one-half
of a majority of such entire membership.”
Mr. CLARKE of Arkansas, a accept that amendment.
The VICE PRESIDENT. The Senator from Arkansas ac
cepts the amendment, which therefore becomes a part of the
resolution. Without objection^ the resolution is agreed to.
u n it ed states v. Jlmerican tobacco co.
)m r. CUMMINS. Mr. President, I gave notice a day or two
a^o that at this time I would ask the Senate to consider Sen
ate bill (S. 3607) to give the right of appeal to the Supreme
Court of the United States to certain organizations or persons
in the suit of the United States v. American Tobacco Co. and
others. The Army appropifiation bill is now in course of con
sideration and disposal, and I have no inclination to interpose
the bill to which I have referred as against the further progress
of the Army appropriation? bill. Therefore, being informed that
it will probably take all flay to finish the Army bill, I renew
my notice for to-morrow 'Summing at the same time.
Mr. DU PONT obtained the floor.
Mr. POMERENE. Mf. President-----The VICE PRESIDENT. Does the Senator from Delaware
yield to the Senator fr^m Ohio?
Mr. DU PONT. I yi^ld to the Senator from Ohio.
Mr. POMERENjS. On March 20 there was ordered printed
as a Senate document an address by ex-Senator Foraker, of
Ohio, delivered before the Ohio Constitutional Convention,
March 14, 1912. A few days later there was ordered printed
an address by President Taft on the subject of the initiative
and referendum, delivered before the General Court of the Legis
STANDARD Olft AND AMERICAN TOBACCO COS.
lature of Massachusetts, at Boston, March 18, 1912. I have a
Mr. POMERENE. Mr. President, the other day I gave notice
copy of a speech of Hon. Herbert S. Bigelow, delivered before
the Ohio Constitutional Convention, March 27, 1912, on the same that I desired to a d le s s the Senate on the subject of Senate
concurrent resolution?No. 4, instructing the Attorney General of
subject. I ask that it be printed as a Senate document.
The VICE PRESIDENT. Without objection, an order there the United States « prosecute the Standard Oil Co. and the
American Tobacco Co. As we were not able to complete the
for is entered.
consideration of tl& military appropriation bill on yesterday,
presid ential approvals .
and
desire^of the
that
A message from the President of the United States, by Mr. tion it is the I shall defer committee to complete until considera
to-day,
my proposed address
after the
Latta, executive clerk, announced that the President had ap
address of the Senator from Iowa [Mr. C u m m i n s ] to-morrow.
proved and signed the following acts"and joint resolutions:
ARMY APPROPRIATION BILL.
On April 5, 1912:
S. 36S6. An act authorizing the Secreffow of the Interior to
Mr. DU PONT. I move that the Senate proceed to the con
permit the Missouri, Kansas & Texas Coal Co. and the Eastern sideration o f the Army appropriation bill.
Coal & Mining Co. to exchange certain lands^Smnbraced within
The motion was agreed to, and the Senate, as in Committee
their existing coal leases in the Choctaw and Chi&msaw Nations o f the Whole* resumed the consideration of the bill (H. R.
for other lands within said nations.
18956) making appropriation for the support of the Army for
On April 8, 1912:
the fiscal year ending June 30, 1913, and for other purposes.
S. 2434. An act providing for an increase of salai^ of the
Mr. DU PONT. Mr. President, after thanking the Senators
United States marshal for the district of Connecticut.
from Iowa and Ohio for their courtesy in this matter, I will
On April 9, 1912:
proceed to answer, as promised, the suggestions of the Senator
S. 252. An act to establish in the Department of Commerce from Virginia [Mr. S w a n s o n ] in regard to the hiring of horses
and Labor a bureau to be known as the Children’s Bureau;
for the use of militia in the different States. I will say to him
1912.
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CONGRESSIONAL RECORD— SENATE.
By Mr. FLOYD of Arkansas: Papers to accompany bill for
the relief of Lovina P. Simmons; to the Committee on Invalid
Pensions.
By Mr. FULLER: Petition o f American Cotton Manufac
turers’ Association, in opposition to proposed legislation con
cerning the sale and purchase of cotton, etc.; to the Committee
on Agriculture.
Also, petition of Railway Mail Association, favoring the re
classification of salaries for railway postal clerks proviso in the
Post Office appropriation b ill; to the Committee on the Post
Office and Post Roads.
By Mr. HANNA:' Petition o f citizens o f Bottineau County, N.
Dak., favoring establishment of a parcel-post system; to the
Committee on the Post Office andnPost Roads.
Also, petition of E. F. Dunton, of Ellendale, N. Dak., against
extension of the parcel-post system; to the Committee on the
Post Office and Post Roads.
. Also, petition o f Westminster Presbyterian Church, of Devils
Bake, N. Dak., for speedy passage o f the Kenyon-Sheppard in
terstate liquor b ill; to the Committee on the Judiciary.
Also, petition of L. E. Yonaka, of Haynes, N. Dak., favoring a
reduction in the duty on raw and refined sugars; to the Com
mittee on Ways and Means.
By Mr. LINDSAY: Petition of the Central Union Label Coun
cil o f Greater New York, for the creation o f a commission on
industrial relations; to the Committee on Rules.
Also, petition of the Railway Mail Association, for a re
classification of salaries and a system o f service promotion for
railway postal clerks; to the Committee on the Post Office and
Post Roads.
Also, petition of the American Cotton Manufacturers’ Asso
ciation, in opposition to proposed legislation concerning the sale
and purchase of cotton, etc.; to the Committee on Agriculture.
Also, memorial of the Order of Knights of Labor, relative to
pending pension legislation for policemen and firemen of the
District of Columbia; to the Committee on the District of Co
lumbia.
By Mr. McCALL: Petition o f Leslie F. Hunting Camp, No/_L2,
United Spanish War Veterans, o f Cambridge, Mass., fav.dring
passage o f House bill 17470, which provides for the qfire of
widows and orphans of deceased comrades o f the Spanish W ar;
to the Committee on Pensions.
By Mr. M cCOY: Petition o f the United Garment Workers of
Houston, Tex., favoring passage o f Booher prison-l^Kor b ill; to
the Committee on Interstate and Foreign Commerce.
By Mr. McM ORRAN: Petition of citizens o f Owendale and
Columbiaville, Mich., favoring the regulation of/express rates;
to the Committee on Interstate and Foreign Commerce.
Also, petition o f citizens o f Lapeer, Mich., favoring passage o f
law for regulation of express rates; to the Committee on Inter
state and Foreign Commerce.
Also, petition o f citizens o f Colurobiaville' Lapeer, and Owen
dale, Mich., favoring passage of parcel-post b ill; to the Com
mittee on the Post Office and Post Roads,.
Also, petition of citizens of St. Clair, Mich., protesting against
any change in the oleomargarine law>) to the Committee on
Agriculture.
/
By Mr. R AK ER : Petition o f citizens o f California, favoring
House bill 21225, and protesting against House bill 20281; to
the Committee on Agriculture.
/
Also, memorial of the Chamber 6f Commerce of the State of
California, favoring the $36,000 appropriation for fighting the
Mediterranean fly: to the Committee on Agriculture.
Also, memorial of the Grand parlor. Native Daughters o f the
Golden West, of California, to accompany House bill 12211, to ac
quire control by the United Stpftes of the Calaveras or Mammoth
Grove of Rig Trees; to the Committee on the Public Lands.
Also, memorial of the City Council of Berkeley, Cal., favoring
> Bulk ley 3-cent-piece b ill; to the Committee on Coinage,
e
eights, and Measures. /
b ’ii * V etter ^rom the Batik of California, to accompany Senate
1 5735, to enable the President to propose and invite foreign
SO'veniments to participate in an international conference to
P oniote inquiry into causes of high cost o f living throughout
e w orld; to the Committee on Banking and Currency,
t -7 Mr. R E IL L Y : Petition o f the American Cotton Manufacin le?S' Association, in opposition to proposed legislation concern
ing the sale and purchase of cotton, e tc.; to the Committee on
A g r ic u ltu r e .
f
By Mr. STEPHENS of California : Petitions of citizens o f the
^tate of California, for construction of one battleship in a Gov
ernment navy y a rd ; to the Committee on Naval Affairs,
nn i petition of J. A. Beddison, of Palmdale, Cal., for parcelmist legislation; to the Committee on the Post Office and Post
Also, petition o f the Woman’s Christian Tempeyfince Union
o f Whittier, Cal., for passage o f the Kenyon-Sheppard interstate
liquor b ill; to the Committee on the Judiciary. /
Also, petition of Benjamin H. .Rentipohler, ,6f Los Angeles,
Cal., for enactment o f House bill 20595, amending the copyright
act of 1909; to the Committee on Patents. /
Also, petition of the Southern C alifornia Wholesale Grocers’
Association, for enactment of House bilU4667 and Senate bill
4727; to the Committee on Interstate apd Foreign Commerce.
Also, petition o f residents of Los Angeles, Cal., for enactment
o f the Berger old-age pension b ill; Ao the Committee on Pen
sions.
By Mr. SITLZER: Petition of the American Cotton Manufac
turers’ Association, in opposition to proposed legislation con
cerning the sale and purchase1of cotton, etc.; to tiie Committee
on Agriculture.
Also, memorial of the New York State delegation to the
National Rivers and Harbors Congress, relative to development
of waterways within tji'e State o f New Y ork; to the Committee
on Rivers and Harbol-s.
Also, petition of the Railway Mail Association, for reclassifi
cation o f salaries,find a system of promotions for railway postal
clerks; to the Committee on the Post Office and Post Roads.
Also, petition o f C. A. Burrows, of Lancaster, Pa., favoring
passage o f old-age pension bill (H . R. 13114) ; to the Committee
on Pensions.
By Mr. TO W N ER : Petition of Swedish Baptist Church o f
Creston, Iowa, favoring the passage of the Kenyon-Sheppard
interstate liquor b ill; to the Committee on the Judiciary.
By Mr. UNDERHILL: Petition of residents o f the State of
New York, against repeal o f the anticanteen la w ; to the Com
mittee on Military Affairs.
By Mr. U T T E R : Petition of Friends Society of East Green
wich, R. I., favoring passage of Kenyon-Sheppard interstate
liquor b ill; to the Committee on Interstate and Foreign Com
merce.
• By Mr. W H IT E : Petition o f citizens o f Newport, Washington
County, Ohio, favoring passage of parcel-post .system; to the
Committee on the Post Office and Post Roads.
By Mr. W IL L IS : Papers to accompany bill for the relief of
Williamson T. Tway (H. R. 4639) ; to the Committee on Invalid
Pensions.
By Mr. WILSON o f New Y o rk : Petition of the American Cot
ton Manufacturers’ Association, in opposition to proposed legis
lation concerning the sale and purchase o f cotton, etc.; to the
Committee on Agriculture.
Also, petition o f residents o f New York City, for enactment of
House bill_14, providing for a general parcel-post system; to the
Committee on the Post Office and Post Roads.
By Mr. YOUNG o f Texas: Petition of F. L. Moseley and other
citizens o f Murchison, Tex., favoring passage of parcel-post bill;
to the Committee on the Post Office and Post Roads.
SEN ATE.
S a t u r d a y , April 13, 1912.
The Senate met at 2 o’clock p. m.
Prayer by the Chaplain, Rev. Ulysses G. B. Pierce, D. D.
The Journal o f yesterday’s proceedings was read and approved.
MOTOR AND OTHER VEHICLES IN GOVERNMENT SERVICE (S. DOC. NO.
55S ) .
The VICE PRESIDENT laid before tbe Senate a communica
tion from the Secretary o f War, transmitting, in response to a
resolution o f the 25th ultimo, a statement showing the number
o f carriages, motor vehicles, etc., owned and operated by the Gov
ernment and used by the War Department, which was referred
to the Committee on Appropriations and ordered to be printed.
PETITIONS AND MEMORIALS.
The VICE PRESIDENT presented petitions of the congrega
tion of the Middle Smithfield Methodist Episcopal Church of
Munroe County, Pa.; of the Ladies’ Aid Society of the First
Methodist Episcopal Church of Worcester, M ass.; o f members
o f the Salvation Army of Worcester, Mass.; and of the con
gregation of the First Swedish Methodist Episcopal Church o f
Worcester, Mass., praying for the adoption of an amendment to
the Constitution to prohibit tbe manufacture, sale, and importa
tion of intoxicating liquors, which were referred to the Commit
tee on the Judiciary.
He also presented the memorial of A. A. Brenninger, o f Wash
ington, D. C., remonstrating against the proposed appropriation
o f $215,000, reimbursable out of Indian funds, for the purpose
of the survey, resurvey, classification, and appraisement of In-
CONGRESSIONAL RECORD— SENATE.
A pbil 13
He also presented a petition of Capital Grange, No. 54Q
Patrons of Husbandry, of Ingham County, Mich., and a petition
of Lo«al Grange No. 1302. Tatrons of Husbandry, of ThompSon
Mich., praying for the establishment of a parcel-post system’
which were referred to the Committee on Post Offices and I' ’
ost
%
Roads.
He also presented a petition of mepfbers of the Real Estat
Board of Detroit*, Mich., praying tlyrf an appropriation be lnaq6
for the construction of a highway from Washington, D. pj ' ,°
Gettysburg, Ta., asNji memor#! to Abraham Lincoln, whirq
was referred to the Cbmmitfi^e on Appropriations.
He also presented mentopfals of the Chamber of Commerce
Lansing and of sundry erfazens of Pinconning, Bay City, Stand
ish, Linwood, Reese, Sagina'#, Yassar, Fairgrove, Watrousvili '
Richville, Akron, Sanjsfago, An Gres, Coleman, Mount Pleasant’
Loomis, Gera, Gag^town, U^ionville, Wolverine, Owendal
Elkton, Sebewaingf Kankawlih. An------- ------ ---- hunger. 6
din. Auburn, Freeland, Mini*
Beaverton, Gilfor$ Silverwood, Mpiyville, Clifford, Turner Twin1,
Turner.
I n A ssembly, M a r c h 11, 1$12of Michigan, remonstrating
By unanimous consult, Mr. Sweet offered for the consideration of the ing, and Standi&h, all in the Sta
against any roouction of the dut; on sugar, which were
House a resolution in the words following:
Whereas this State, under the provisions; of chapter 147 of the laws of ferred to the^Committee on Finance.N
dian lands to be allotted, etc., which was referred to the Com
mittee on Indian Affairs.
Mr. GALLINGER presented a petition of Local Grange No.
13, Patrons of Husbandry, of Nashua, N. H., praying for the
establishment of a parcel-post system, which was referred to
the Committee on Post Offices and Post Roads.
Mr. BRANDEGEE presented a petition of William McKinley
Camp, Np. 9, United Spanish War Veterans, of Connecticut,
praying for the enactment of legislation to pension widow and
minor children pf any officer or enlisted man who served in the
War with Spain or the Philippine insurrection, which was re
ferred to theVCommittee on Pensions.
£
Mr. ROOT, v i present resolutions adopted by the Legislature
of New York, \yhich I ask may be printed in the R ecord and
referred to the Npommittee on Commerce,The resolution^ were referred to the Committee on Commerce
and ordered to beyprinted in the R ecord, as follow s:
1003, is expending the .sum of $100,000,000 in the widening and deep
RErORTS O C O M M lt^E ES.
F
ening of and otherwise improving the canals of this State; and
Whereas, as a part of the improvement authorized hy said act, the
Mr. MYI5RS, from the Committee on Irrigation and Reclama
Champlain Canal is being widened and deepened and improved to
barge-canal dimensions from the village of Waterford northerly to the tion of/Arid Lands, to which was referreci the bill (S. 48G2)'
so-called harbor lines o£ Lake Champlain, located at or near the authorizing and directing the Secretary of the Interior to in'
southerly boundary line of the village of Whitehall; and
Whereas that portion of Lake Champlain from said harbor lines north vesJJgate and settle certain accounts, and for other purposes
erly to the lake proper, and known as the inlet of said lake, is under rofiorted it without amendment and submitted a report ( No’
the jurisdiction and control of thi Federal Government, and is a nar [m l> tlicfgon.
.)
row irregular channel, nearly 1G miles in length, entirely inadequate * M OWEN, from the Committee on Public Health and Na
;
r.
and unsuitable to be navigated by craft for which the Champlain
Canal as improved is intended i ’ and to the end that a full utilization tional Quarantine, to which was referred the bill (S. 1 ) ^
of the benefits of the improved Champlain Canal when the same shall establish a department of health, and for other purposes, re
be completed may be had ana; a through and improved water route
northerly to Lake Champlain,provided, it is most desirable and neces ported it with amendments and submitted a report- (No. Gifu
_ ______ _
sary that the said inlet of Lake Champlain he improved and enlarged thereon.
to barge-canal dimensions :
CONGRATULATIONS TO PEOPLE O CHINA.
F
--R e s o l v e d (i f t h e s e n a t e c o n c u r ) , That Congress of the United States
Mr. LODGE. From the Committee on Foreign Relations 1
be, and it is hereby, requested to make suitable and proper provision for
the improvement of said inlet of L& Champlain from the so-called report back the joint resolution (PI. J. Res. 254) congratulating
ke
harbor lines at or near thd southerly boundary line of the village of the people of China 011 their assumption of the powers, duties
Whitehall or the point at which the jurisdiction of this State ends to
Lake Champlain proper, to the end that said inlet shall be of the same and responsibilities of self-government, changed from a joint
dimensions of the Champlain Canal as'; the same is proposed to be im to a concurrent resolution, with certain amendments, and I ask
proved under the provisions of chapter^ 147 of the laws of 1903, and for its present consideration.
suitable and proper for the navigation’/of craft plying said improved
The VICE PRESIDENT. The Senator from Massachusetts
Champlain Canal when the same shall be completed; and be it further
reports back as a concurrent resolution the following, which will
R e s o l v e d ( if th e s e n a t e c o n c u r ) , That fhe clerk of the assembly be,
and he hereby is, directed to transmit copies of this resolution to the be read by 'the Secretary.
Senate and House of Representatives of the United States and to the
The Secretary read as follow s:
several Members of said bodies representing this State therein.
R e s o l v e d , e t c ,, That the United States^ of' America congratulates the
Mr. Speaker put the question whether tlieffiouse would agree to said
resolution, and it was determined in the affirmative.
O r d e r e d , That the clerk deliver said resolution to the senate, and
request their concurrence therein.
.
_
’nment’
the rights, liberties, and happiness of the Chinese people will be
and the progress of the country insuredMarch 12, 1912.
The VICE PRESIDENT. The'-Chair suggests that it be re
The senate returned the concurrent resolution in relation to the im
provement of La!|e Champlain inlet, with a message that they have ported as an original concurrent resolution and tbut
0
11
concurred in the passage of the same without amendment.
the joint resolution'be indefinitely postponed. It would be more
sc r
eue
a tio
c n
easily disposed of in\that mariner.
Mr. BACON. I suggest that possibly it might be more satis
I, Fred W. fiiunmond, clerk of the assembly, do hereby certify that
the foregoing i*a true copy of said resolution, and of the whole thereof factory to the House from which it came that it simply be con
as continued iR the journals of proceedings of said dates.
In witness whereof I have hereunto set my hand this 15th day of verted into a concurrent resolution and still be recognized as a
House resolution ratlieis than that we should indefinitely post
March, 1912.
F eed W. Hammond,
pone the House resolution and substitute a Senate resolution.
C le r k Of t h e A s s e m b l y .
Mr. ROQT presented petitions of the Woman’s- Christian Tem
perance Unions of Warrensburg and Kanona, and of sundry
citizens qf Chautauqua and Waterloo, all in the; State of New
York, pr/iying for the enactment of an interstate liquor law to
prevent th e nullification of State liquor laws by outside dealers,
which were referred to the Committee on the Judiciary.
He a/so presented a petition of the Chamber of Commerce of
Buffal#, N. Y., praying that an appropriation be made for the
impro/ement of the harbor at Buffalo, N. Y., which was re
ferred to the Committee on Commerce.
Mb WETMORE presented a petition of members of the
FrieMs Society of East Greenwich, R. I., praying for the enactmeid of an interstate liquor law to prevent the nullification of
Sui/e liquor laws by outside dealers, which was referred to the
Cojhmittee on the Judiciary.
Mr. GRONNA presented a petition of sundry citizens of Bottifieau County, N. Dak., praying for th e ' establishment of a
parcel-post system, which was referred to the Committee on
Rost Offices and Post Roads.
Mr. TOWNSEND presented petitions of sundry citizens of
/Ann Arbor, Addison, Sand Lake, and Crystal Falls, all in the
f State of Michigan, praying for the enactment of an interstate
liquor lav/ to prevent the nullification of State liquor lows by
outside dealers, which were referred to the Committee on the
Judiciary.
Mr. LODGE. That was my impression. That is what I de
sire. It is to retain /the' House resolution, and I think it is
perfectly legitimate to do it.
The VICE PRESIDENT* Very well. The question, then, is
011 agreeing to the/concurrOnt resolution.
Mr. WILLIAMS. Mr. President, in this connection I do not
want to oppose the passage of the resolution at all, hut I should
like to call the Attention of Ule President and o f the Senate to
a clause of tiny Constitution which, it seems to me, is being con
stantly violated. I refer to ti|e part of section 7 which reads
as follow s: /
\
Every order, resolution, or vote to which the concurrence of the
Senate and House of Representatives may be necessary (except on a
question of’ adjournment) shall be presented to the President of the
United States; and before the same snail take effect, shall be approved
by him, of being disapproved by him, shall be repassed by two-thirds of
the Senate and House of Representatives, according to the rules and
limitations prescribed in the case cf a bill.
This language could not be more explicit:
Every order, resolution, or vote to w
liifch the concurrence of the
Senate and House of Representatives may be necessary (except on a
question of adjournment) shall be presented to the President of the
United States.
I merely want to call attention to it, because at some future
time when some matter that I regard as objectionable is brought
up in this way I want to bring it to the attention of the Senate
and House. I do not want to do it suddenly. It seems to have
been the habit for many years to overlook that clause.
1912.
CONGRESSIONAL RECORD— SENATE.
Mr. LODGE. I was aware o f the existence of that clause of
the Constitution, but there is no question that the practice lias
been that the Houses have passed concurrent resolutions where
they were a mere expression o f opinion that were not expected
to become a law, which is the case with this resolution.
Mr. WILLIAMS. I know the Senator is right about the
practice, and it is because the practice was going on and it was
becoming more and more the practice that I wanted to call
attention to it. We have got to a point where we not only
do it where there is an expression of opinion, but where fre
quently a necessary expense grows out o f the concurrent reso
lution. It seems to me it would be well not to be quite so care
less in the future as we have been in the past.
Mr. LODGE. I will be glad to say to the Senator from
Mississippi that I have never clearly seen myself how we escape
from that clause of the Constitution.
Mr. WILLIAMS. There is no escape from it.
Mr. LODGE. Yet the practice is, as the Senator well knows,
to pass concurrent resolutions by the two Houses alone.
Mr. WILLIAMS. Yes; I know it.
Mr. BACON. Mr. President, this is a matter we can not
dispose of now, but it is important that a suggestion o f that
kind should not go by any acquiescence sub silentio. It is not
simply a matter of practice; it is a matter of la w ; and the
reasonable construction o f the paragraph is in accordance with
what is now denominated as a practice.
There are numbers o f things which are done by concurrent
resolutions of the two Houses. Manifestly they do not have the
effect of law, and the President has nothing to do with them.
For instance, the two Houses adopt a concurrent resolution to
meet to count the electoral votes. Nobody will suppose for a
moment that that is a matter with which the President has any
thing to do, or that his approval is necessary to it.
Mr. WILLIAMS. If the Senator from Georgia will allow me,
our forefathers may have been unlucky in expressing what they
intended; but if they intended to say only that a concurrent
resolution should be sent to the President when the President
had any interest in it, or the President had anything to do with
it, or anything else, they did not say it. They simply say that
any vote or resolution passed by either House to which the
concurrence o f the other House is necessary shall be presented
to the President. They do not undertake to make the provision
on account of the character of the vote or resolution at all, but
any vote, any resolulion to which the concurrence o f the other
House is requisite shall be presented to the President.
Mr. BACON. Mr. President, the Senator from Mississippi
undertook to answer me before he heard what I had to say.
Possibly it was upon the same principle that the House of Rep
resentatives in the report of the Ways and Means Committee^
answered the report of the Finance Committee of the Senate
before the report was made.
The section of the Constitution from which this is taken is
one relating to the passage o f laws, and must necessarily be
construed in such a way as not only to relate to that subject,
but not to conflict with other provisions in the Constitution
and the practice of legislative procedure which necessarily
grows out of it. There are numbers of things, I will not stop
to elaborate them at all, simply making it as a suggestion in
order that it may not, as I say, pass apparently by consent that
such is the proper construction. There are other things, not to
say numbers of them, where manifestly the President of the
United States has no concern. For instance, the very grave and
important matter of the adoption of a resolution proposing an
amendment to the Constitution of the United States is a ques
tion with which the President o f the United States has nothing
to do. The President of the United States can not by his veto
in any manner affect the action. A gteat many things are to
construed, and, of course, necessarily construed, that might
uPon the very surface not appear to be the intention of the law
makers.
As I said, I will not interrupt Jne proceedings now to speak
° f that, but I think an examination o f the context and o f the
Particular section shows that Those provisions are intended to
upply to tliflse things which, .\tlien done, will have the effect of
iaw and be binding upon the'public.
Mr. WILLIAMS. Mr. President, I can not let the remarks
of the Senator from Georgia pass without one observation in
reply. The Senator cites the case of an amendment to the
Constitution. That is totally different, because the clause of
the Constitution which provides how the Constitution shall be
amended provides for that; and the two clauses are to be con
strued together, of course, the clause specifically reading that
an amendment takes preference. The clause telling how to
amend the Constitution provides that it shall be done by twothirds of the two Houses without the President.
Mr. BACON. It does not say without the President. It says
by a resolution o f the two Houses.
Mr. WILLIAMS. It specifically states how an amendment is
to be adopted. That clause of the Constitution with regard to
that particular question overrides this general provision. _/
Mr. BACON. There is nothing in that clause which sav£ the
President shall not be required to approve it. It woy-fd fall
within the classification of a resolution if it be one of the
number known when the Constitution says every ^resolution.
There are other things which I could mention, bnt which I
will not now stop to mention.. There is the matter of a recess.
There is a provision in the Constitution tlrite'heither House
shall adjourn for more than three days without the consent of
the other House. Consequently, the two Houses adopt a con
current resolution to take a recess for a lobger time than three
days. Nobody would suppose for a moment that the President
o f the United States had any possible right to veto or that he
was called upon to approve such a absolution. So the illus
trations can be carried to a number of cases.
Mr. LODGE. Mr. President, I do not desire to delay the
passage of the resolution. I think it is entirely within our
power to change it to a concurrent resolution. My purpose,
of course, in doing that is thatt
fthis is a House resolution and
we pass it in the same words, jind I think it is more courteous
to the House to let it remajjf a House resolution. I am not
aware of any parliamentaryibbjection to our doing it.
The VICE PRESIDENT* Without objection, the amended
resolution is agreed to. 0
The S ecretary . The^eommittee recommend striking out the
preamble as printed iipUhe resolution o f the House.
The VICE PRESIDENT. Without objection, that is agreed to.
The S ecretary . The committee recommend changing the title
so that it will be ^Concurrent resolution, and also changing the
resolving clause.
The VICE PRESIDENT. Without objection, the amendment
is agreed to.
Mr. LODGE. In regard to what has been said about con
current resolutions, I desire to ask that the part of the report
which I have marked, made in the Fifty-fourth Congress by
Senator Hill, of New York, on this matter of concurrent reso
lutions, Jiny be printed in the R ecord. It conforms with what
I ventured to say is the practice.
Th© VICE PRESIDENT. Without objection, permission is
granted.
The matter referred to is as follow s:
CO NCURRENT R E S O L U T IO N S .
The passage of concurrent resolutions by Congress began immediately
upon the organization of the Government. They differ very little from
simple resolutions, Senate concurrent resolutions being in form sub
stantially as follows: “ Resolved by the Senate (the House of Repre
sentatives concurring therein), That, etc.” They have not been used
(except as hereinbefore stated) for the purposes of enacting legislation,
but to express the sense of Congress upon a given subject, to adjourn
longer than three days, to make, amend, or suspend joint rules, and to
accomplish similar purposes, in which both Houses have a common in
terest, but with which the President has no concern. They are fre
quently used in ordering the printing of documents, in paying therefor,
and in incurring and paying other expenses where the moneys necessary
therefor have previously been appropriated and set apart by law for the
uses of the two Houses.
Concurrent resolutions from their very nature require the concurrence
of both Houses to make them effectual, and if the Constitution in section
7 , before quoted, has reference solely to the form and not to the sub
stance of such resolutions, they must of course he presented to the
President for his approval.
For over a hundred years, however, they have never been so pre
sented. They have uniformly been regarded by all the departments of
the Government as matters peculiarly within the province of Congress
alone. They have never embraced legislative provisions proper, and
hence have never been deemed to require Executive approval.
This practical construction of the Constitution, thus acquiesced in for
a century, must he deemed the true construction, with which no court
will interfere (Stuart v . Laird, 1 Craneh, 299). If it be contended that
the exception in section 7 (whereby adjournment resolutions are ex
cluded from those which must he presented to the President, although
they require the concurrence of both Houses) somewhat corroborates the
theory that all other concurrent resolutions are intended to be included,
regardless of their character, it may he answered that such exception
was rendered necessary because of that other provision of the Constitu
tion (Art. I, sec. 5. subdiv. 4) which prevents adjournments for more
than three days without the consent of each House. Such adjournment
resolutions were therefore constitutionally required to be concurrent be
cause the “ concurrence” of both Houses was under the Conslitution
itself necessary thereto to make them valid, and if there had been no
exception contained in said section 7 ail such resolutions would have
been required to he presented to the President, which would he an un
profitable and useless proceeding, as Congress itself should have the
sole right to determine the question of its own adiournment the Presi
dent being sufficiently protected in such matters by his power to con
vene Congress whenever he deems it desirable.
In other words, the exception was necessary in order to take certain
adjournment resolutions out of the category of those “ to which the
concurrence of the Senate and House of Representatives may be neces
sary, under the other provisions of the Constitution, and for that good
reason all adjournment resolutions were appropriately excepted.
The provisions of chapter 9 of the laws of 1874, Incorporated in the
Revised Statutes (2d ed 1878, p. 33) as section 205, which do not
seem to have been repealed, imply that there may be resolutions, other
4704
CONGRESSIONAL RECORD— SENATE.
A pril 13
than joint resolutions, in which legislation m properly he embraced,
ay
By Mr. CHAMBERLAIN:
requiring the approval of the President. They are as follows : #
A bill (S. 6329) to provide pensions for the officers and sol
“ Whenever a bill, order, resolution, or vote of the Senate aqa House
of Representatives, having been approved by the President or njff having diers of the Indian wars of the United States which occurred
been returned by him with his objections, becomes a law or t a x e s effect, prior to the year 1880; to the Committee on Pensions.
it shall forthwith b received by the Secretary of. State fromithe Presi
e
By Mr. WORKS:
dent. And whenever a bill, order, resolution, or vote is returned by the
A bill (S. 6330) increasing tbe cost of erecting a public
President with his objections, and on being reconsidered is Agreed to be
passed, and is approved by two-thirds of both Houses of GBngress, and building at Santa Barbara, Cal.; to the Comin^tfee on Public
thereby becomes a law or takes effect, it shall be received the Secre
tary of State from the President of the Senate or Speakeis'of the House Buildings and Grounds.
By Mr. CRAWFORD:
of Representatives, in whichsoever House it shall last have been so ap
proved, and he shall carefully preserve the originals.” m
A bill (S. 6331) granting an increase a # pension to William
It will be observed that this statute uses the broadf phrase ‘‘ order,
resolution, or vote,” the same as used in the Constitution, without mak J. Percy (with accompanying papers^^fo the Committee on
ing any distinction between joint and concurrent resolutions. Neither Pensions.
do the provisions of the act of February 25, 1871 (new incorporated in
By Mr. JONES:
the Revised Statutes, 2 d cd.. 1878, p. 2 , secs. 7 and 8>, throw m
uch light
A bill (S. 6332) to restore to Jge active list First Lieut, of
on the subject.
W
They simply prescribe the form of bills and join^h-esolutions, and are Engineers Henry O. Slayton, ijjnred, United States Revenueas follows:
m
Cutter Service: to the Commjpee on Commerce.
“ Sec. 7. The enacting clause of all acts of Congress hereafter enacted
By Mr. W ARREN:
shall he in the following form : ‘ Be it enacted b#the Senate and House
of Representatives of the United States of Ajoierica in Congress as
A bill (S. 6333) for t^ T relief of Thomas Mooney; to the
m
sembled.’
“ Sec. 8. The resolving clause of all joint resolutions shall he in the Committee on Claims.
By Mr. BOURNE:
following form : ‘ Resolved by the Senate ancpjHouse of Representatives
of the United States of America in Congress assembled.- ”
A bill (S. 6334) jo in tin g an increase of pension to Thomas
From these provisions it may properly be/Inferred that Congress did
not intend or contemplate that any legislation should thereafter be en Coats (with accompanying paper) ; to the Committee on Pen
acted except by hill or joint resolution. That is a fair inference, be sions.
cause it has provided no form of legislation liy concurrent resolution ;
By Mr. W ILLIAM S:
but of course these provisions, which n ifet largely be regarded as di
n
A bill (S. 9c35) to reimburse T. C. Barrier, postmaster, Phila
rectory. could not hind subsequent Congresses, which possess the in
herent right to prescribe their own forma of legislation notwithstanding delphia, ISljifs., for registered money stolen in transit; to the
this statute.
The rules of the respective Houses ;freat hills and joint resolutions Committe*ron Post Offices and Post Roads.
By
CURTIS :
alike, and do not contemplate that lejjaslation shall be enacted in any
other form or manner ; but it is still true that rules may he suspended
A tuP (S. 6336) for the relief of Elizabeth Ely, her heirs or
at the pleasure of either House, and legislation may also he enacted by
with accompanying paper) ;
a majority in evasion or violation offrules, and even in the absence of
rules, without affecting its constitutionality or validity. This principle
bill (S. 6337) for the relief of Frank Crathorne, his heirs
is plainly deducible from the case o f Field v . Clark (143 U. S. R., 649)
and
and other authorities.
M
The act of January 12, 1895, providing for the public printing, recog Y A bill. (S. 633S) for the relief o f William H. Sparrow; to the
nizes the distinction for which sre contend. It provides (ch. 23 of Committee on Claims.
the laws of 1895, sec. 59) that-#
By Mr. OW EN:
'
v
%
“ Orders for printing extra
pies shall he by simple, concurrent, or ■
A bill (S. 6339) to adjust titles within the Five Civilized
joint resolution. Either House ay print extra copies to the amount of
$500 by simple resolution; if
e cost exceeds that sum the printing Tribes in Oklahoma, and for other purposes; to the Committee
shall be ordered by concurrent solution, except when the resolution is on Indian Affairs.
"W-'
self-appropriating, when it shf be by joint resolution.”
'
t a joint resolution is only to he used
It will thus he observed
' ASlENWMENTS TO RIVER AND HARBOR BfflE ( H .* iPA'Pl
I
I
when an appropriation is de ed additional to the amount already apMr.. GALLINGER submitted an amendment proposing to ap
propriated for printing purj ses in the general appropriation bills—-m
other words, when the res^ fitiori is self-appropriating, thereby render- propriate $4,000 for clerical and stenographic expenses in pubing it legislation per se. fhen there is no appropriation, but the ex lisliingX hearings before the National Waterways Commission,
pense is to be borne by the fund already on hand, placed at the disposal
of the two Houses, then L simple or concurrent resolution is appro- etc., intended to be proposed by him to the river and harbor
priate, depending upon tl amount involved.
appropriation bill, which was referred to the Committee on
The printing act befog mentioned (ch. 23, laws of 1895, sec. 73)
contains a departure frg the practice which had prevailed since the ComijiercXand ordered to be printed.
organization of the Gowp-nm
ent. It requires the Statutes at Large to
Mr. WO\KS submitted an amendment proposing to appro
contain “ all laws, joint and concurrent resolutions passed by Congress,
and also all convent&hs, treaties, proclamations, and agreements.” priate $327,350 for the improvement of the Los Angeles Outer
Concurrent resolution had never theretofore been printed in the Harbor, Cal., Tfoitended to be proposed by him to the river and
Statutes at Large, blit are now so printed under the authority of this harbor appropriation bill, which was referred to the Committee
act. The necessity r# propriety of their publication among our statute on Commerce aDisordered to be printed.
laws (except for rcapy reference as a matter of convenience simply)
Mr. FLETCHEm. submitted an amendment proposing to ap
may be open to queapon. They are not approved by the President and
are not laws in an# sense.
propriate $20,000 f (^improving tbe entrance to St. Joseph Bay,
It should also beSi ated that it has been the uniform practice of Con Fla., etc., intended t<w»e proposed by him to the river and har
gress, since the owanization of the Government, not to present con
current resolution* lo the President for his approval, and to avoid bor appropriation bilkwhich was referred to the Committee on
incorporating in fjlich resolutions any matter of strict legislation re Commerce and ordered Tk be printed.
quiring such presentation. As a matter of propriety and expediency it
Mr. WILLIAMS. In life absence of tbe senior Senator from
is believed to be Jrise to continue that course in the future.
TI-IE M ETAL SCHEDULE.
Texas [Mr. Culberson], ai|flat his request, I submit au am end
ment proposing to appropriate $25,000 for the improvement of
the mouth of Brazos River,^tex., intended to lie proposed by
him to the river and harbor apjfropriation bill, which I ask may
be printed and referred to the Committee on Commerce.
The VICE PRESIDENT. W it%ut objection, it is so ordered
Mr. WILLjfVMS. I submit the views of the minority of the
Finance Coagnittee, to accompany the bill (H. It. 18642) to
amend an get entitled “An act to provide revenue, equalize
duties, andjencourage the industries of the United States, and
for other ijhrposes,” approved August 5, 1909.
AM ENDM ENTS t o IND IAN APPROrra^TION BILL ( H . E. 2 0 7 2 8 ) .
With 11* indulgence of the Senate, I will say, in this con
Mr. JONES submitted an amendment providing for the settle
nection, taut the report is signed by all of the minority mem ment of the claim of the attorney of fccord in the matter of the
bers excfpt the Senator from Missouri [Mr. Stone], who is enrollment and allotment of lands to% irgil H., Willie A., and
unfortunately and unavoidably absent, but we have every Oscar R. Esterbrook, etc., intended to bmproposed by him to the
reason Jfo believe that he would sign the report if he were Indian appropriation bill, which was reiwred to the Committee
here, f also desire to say that I was unable, for the same on Indian Affairs and ordered to be p rior ’
reason/t o see the Senator from Wisconsin [Mr. L a F ollette],
Mr. SMITH of Arizona submitted an am^dment proposing to
and do? not know how he would act.
appropriate $25,000 for examinations and si% oys for reservoirs
The/VICE PRESIDENT. The views of the minority will be and irrigation works on the Gila River,
intended to be
printed as part 2 of Senate Report No. 591.
proposed by him to the Indian appropriation
which was re
BILLS INTRODUCED.
ferred to the Committee on Indian Affairs a;
ordered to be
B/lls -were introduced, read the first time, and, by unani printed.
telegraph an d teleph o n e.
mous consent, the second time, and referred as follow s:
fy Mr. SMITH of Arizona:
Mr. OVERMAN. I ask for a reprint of Senate
Siament No.
A bill (S. 6828) to provide for an extension of time within 205, the edition having been exhausted.
which the cost of the Salt River irrigation and reclamation
Mr. SMOOT. May I ask the Senator what the document is?
nroject in the State of Arizona may be repaid by the landMr. OVERMAN. It is Senate Document No. 205, Fink-fourth
owners within the same, and granting the same privileges to Congress, first session, being papers containing an arfccle by
fihe Yuma irrigation project and others similarly situated upon Judge Walter Clark on the subject of telegraph and tele|gjone.
/the same terms; to the Committee on Irrigation and Recla
Mr. SMOOT. How many copies does the Senator
ire
mation of Arid Lands.
printed?
CONGRESSIONAL RECORD— SENATE
1912
port of New York, giving, so far ns is practicable, the whole
sale market price in England, Germany, France, and Belgium
during the last year of the various items and commodities
named in paragraphs 111 to 140, inclusive, etc., of Schedule C
o f the tariff act of 1900, etc., which, with the accompanying
paper, was referred to the Committee on Finance and ordered
to be printed.
FINDINGS OF THE COURT OF CLAIMS.
The V^CE PRESIDENT laid before the Senate a communi
cation from the assistant clerk of the Court of Claims, trans
mitting certified copies o f the findings o f fact and conclusions of
law filed bv‘ the court in the following causes:
The First Presbyterian Church o f Nashville, Tenn., v. United
States (S. DoX No. 502) ;
The trustees\of the Methodist Episcopal Church South of
Ravenwood, W. \ a ., v. United States (S. Doc. No. 5G1) ;
Herman V. Werihenn v. United States (S. Doc. No. 567) ;
Anabel McG. Stu\rt, widow of Absalom B. Stuart, deceased,
v. United States (S. Doc. No. 500) ;
Eliza A. Watson, widow o f Francis W. Watson, deceased, v.
United States (S. Doc. No. 565) ;
Dennis H. Williams v. United States (S. Doc. No. 564) ; and
George W. Sweeney v. United States (S. Doc. No. 503).
p e t it io n s ' a n d
m e m o r ia l s .
The VICE PRESIDENT presented a petition of the Mer
chants’ Association of New York, praying for the adoption of
an amendment to the Sherman antitrust law so as to afford re
lief from the present uncertainty as to intent and penalties,
which was referred to the Committee on Interstate Commerce.
He also presented petitions of Carpenters and Joiners’ Local
Union of Cagus, of Cigarmalcers’ Local Union of Cagus, and of
Cigarmakers’ Local Union o f Cayey, all in the Territory of
Porto Rico, praying for the creation of a department of agri
culture and labor in that Territory, which were referred to the
Committee on Pacific Islands and Torto Iiicb.
He also presented petitions of the congregations o f the First
Methodist Episcopal Church South o f Opelikrt,Ala.; the First
Congregational Church o f Warren, Mass.; the Methodist Church
of Warren, Mass., and the Universalist Church of Warren, M ass.;
o f the Woman’s Christian Temperance Union of Tv^rren, M ass.;
of the congregations of the Congregational Church <% Coventry,
Vt., and the Methodist Church of Baxley, G a.; of t&g Presby
terian College for Men of Alabam a; of the congregations of the
Baptist Church, the Methodist Church, and the PresltWerian
Church of Anniston, Ala., praying for the adoption o f an amend
ment to the Constitution to.prohibit the manufacture, sale,T^id
importation of intoxicating liquors, which were referred to
Committee on the Judiciary.
Mr. OLIVER presented a petition of members o f the Drug1
Exchange of Philadelphia, Pa., praying for the enactment of
legislation providing for an increase in the rate of second-class
mail matter from 1 cent to 2 cents per pound, which was re
ferred to the Committee on Post Office and Post Roads.
He also presented a petition o f members of the Drug Ex
change of Philadelphia, Pa., praying for the adoption of a 1cent letter postage, which was referred to the Committee on
Post Offices and Post Roads.
He also presented petitions o f the Woman’s Christian Tem
perance Unions o f Evans City, Oil City, and Plumville; o f mem
bers of the Men and Religion Forward Movement o f Titusville,
mid of sundry citizens of Oil City, all in the State o f Pennsyl
vania,.praying for the enactment of an interstate liquor law to
prevent the nullification o f State liquor law’s by outside dealers,
which were referred to the Committee on the Judiciary.
Mr. BRISTOW presented a petition of sundry citizens of
Kiowa, Ivans., praying for the enactment o f an interstate liquor
lew to prevent the nullification o f State liquor laws by outside
dealers, which was referred to the Committee on the Judiciary.
Mr. PERKINS presented a petition o f the Chamber o f Com
merce of Oakland,_ Cal., praying that permission be granted to
the Oakland, Antioch & Eastern Railway to construct a rail
head and public^ highway bridge across the San Joaquin River
from Black Diamond to Cliipps Island, Cal., which was re
ferred to the .Committee on Commerce.
He also presented a petition of the Chamber of Commerce of
San Diego, Cal., praying for the enactment o f legislation pro
viding for the improvement of the foreign service, which was
referred to the Committee on Foreign Relations.
He also presented a petition o f sundry citizens o f Wildomar,
Ual., praying for the establishment o f a parcel-post system,
which tvns referred to the Committee on Post Offices and Post
Roads.
He also presented a memorial o f the Chamber o f Commerce
° f San Diego, Cal., and a memorial o f sundry citizens o f Oro-
4771
ville, Cal., remonstrating against any reduction of the duty on
sugar, which were referred to the Committee on Finance.
He also presented resolutions adopted by the City Council of
Berkeley, Cal., favoring the enactment o f legislation providing
for the coinage of 3-c-ent pieces, which were referred to the Com
mittee on Finance.
He also presented a telegram, in the nature of a resolution,
adopted by sundry citizens of San Francisco, Cal., favoring the
recognition of the Republic of China, which was referred to
the Committee on Foreign Relations.
Mr. CTJLLOM presented a petition of Local Division No. 400,
International Brotherhood of Locomotive Engineers, of Mount
Carmel, 111., praying for the passage of the so-called employers’
liability and -workmen’s compensation bill, which was ordered to
lie on the table.
He also presented a petition o f sundry students of the Uni
versity of Chicago, 111., praying for the appointment of a
Federal commission on industrial relations, -which was referred
to the Committee on Education and Labor.
Mr. SMITH o f South Carolina presented memorials of sun
dry citizens o f Ninety Six, Woodruff, Gastonia, Lincolnton,
Cherryville, Greenville, Westminster, Camden, Piedmont, Spar
tanburg, and Central, all in the State of South Carolina, re
monstrating against the extension of the parcel-post system
beyond its present limitations, which were referred to the
Committee on Post Offices and Post Roads.
Mr. BRANDEGEE presented a petition o f Emerson H.
Liscom Camp, No. 12, Department of Connecticut, United
Spanish War Veterans, o f Waterbury, Conn., praying for the
enactment o f legislation to pension widow and minor children
of any officer or enlisted man who served in the War with
Spain or the Philippine insurrection, which was referred to
the Committee on Pensions.
He also presented a petition of-Local Grange No. 77, Patrons
o f Husbandry, of Clinton, Conn., praying for the enactment of
an interstate liquor law to prevent the nullification of State
liquor laws by Outside dealers, which was referred to the Com
mittee on the Judiciary.
He also presented a petition o f members of the legislative
board, Brotherhood of Locomotive Engineers, of Connecticut,
praying for the passage o f the so-called employers’ liability and
workmen’s compensation bill, which was ordered to lie on the table.
Mr. ROOT presented petitions of members of the Prohibition
League of Canisteo, of members of the Prohibition League of
Steuben County, and of sundry citizens of Canisteo, all in the
State o f New York, praying for the enactment of an interstate
liquor law to prevent the nullification of State liquor laws by
outside dealers, which were referred to the Committee on the
Judiciary.
Mr. O’GORMAN. I present resolutions adopted by the Legisnre of New York, which I ask may be printed in the R ecord
an&referred to the Committee on Commerce.
THfe resolutions were referred to the Committee on Commerce
and ordered to be printed in the R ecor d , as follow s:
I n A s s e m b l y , M a r c h 11, 1912.
By unanimous consent, Mr. Sweet offered for the consideration of the
house a resolution in the words following:
Whereas this State, under the provisions of chapter 147 of the laws of
1903, is exiiehding the sum of $100,000,000 in the widening and deep
ening of and otherwise improving the canals of this State; and
Whereas, as a Hart of the improvement authorized by said act, the
Champlain Canal is being widened and deepened and improved to
barge-canal dim&isions from the village of Waterford northerly to the
so-called harbor tines of Lake Champlain, located at or near the
southerly boundary line of the village of Whitehall; and
Whereas that portion O Lake Champlain from said harbor lines north
f
erly to the lake propet, and known as the inlet of said lake, is under
the jurisdiction and comrol of the Federal Government, and is a nar
row irregular channel, nearly 10 miles in length, entirely inadequate
and unsuitable to be navigated by craft for which the Champlain
Canal as improved is intettded ; and to the end that a full utilization
of the benefits of the improfed Champlain Canal when the same shall
be completed may be had and a through and improved water route
northerly to Lake Champlain provided, it is most desirable and necessary that the said inlet of Lak&^phamplain he improved and enlarged
to barge-canal dimensions:
R e so lv e d (if th e sen a te c o n c u r), r
Kjat Congress of the United States
be, and it is hereby, requested to makffjsuitahlc and proper provision for
the improvement of said inlet of Lak^ Champlain from the so-called
harbor lines at or near the southerly Wumdary line of the village of
Whitehall or the point at which the jurisdiction of this State ends to
Lake Champlain proper, to the end that salt) inlet shall be of the same
dimensions of the Ch<im
pl<iin C3.H ns the
3.1
is proposed to be improved under the provisions of chapter 147 O the laws of 1903 and
f
suitable and proper for the navigation of craft plying said improved
Champlain Canal when the same shall be completed - and be it further
R e s o l v e d ( i f t h e s e n a t e c o n c u r ) . That the elerlX.of the assembly be,
and he hereby is, directed to transmit copies of tilts resolution to the
Senate and House of Representatives of the United States and to the
several Members of said bodies representing this State therein.
Mr. Speaker put tbo question whether tlie house would agree to said
resolution, and it was determined in the affirmative.
L
O r d e r e d , That the clerk deliver said resolution to the senate and
request their concurrence therein.
CONGRESSIONAL RECORD— SENATE.
'4772
March 12, 1912.
The senate returned the concurrent resolution in relation to the im
provement of Lake Champlain Inlet, with a message that they have
concurred in the passage of the same without amendment.
I, Fred W. Hammond, clerk of the assembly, do hereby certify that
the foregoing is a true copy of said resolution, and of the whole thereof
as continued in the journals of proceedings of said dates.
In witness whereof I have hereunto set my hand this 15th day of
March, 1912.
F red W. H am m ond ,
C le r k o f t h e A s s e m b l y .
Mr. O’GORMAN. I present a resolution adopted by tlie Sen
ate of tlie State of New York, which I ask may be printed in the
R ecord and referred to the Committee on Naval Affairs.
The resolution was referred to the Committee on Naval
Affairs and ordered to be printed in the Record, as follow s:
State
of
N ew Y ork ( in Sen ate ),
A l b a n y , M a r c h IS, 1012.
That this, the Senate of the State of -New York, respect
fully requests the President of the United States, the Secretary of the
Navy, and the Representatives in Congress from this State to use their
influence to the end that one of the new battleships authorized by the
Sixty-second Congress be built at the navy yard owned by the United
States at the Borough of Brooklyn, City of New York.
By order of the senate.
R eso lv ed ,
P a tr ic k E. M cCabe, Cleric.
A pril 15.
He also presented a petition of the Chamber of Commerce of
Buffalo, N. Y., praying that an appropriation be made for the
improvement of the channel at that city, which was referred to
the Committee on Commerce.
He also presented a memorial of sundry employees of the
Warwick Knife Co., of Warwick, N. Y., remonstrating against
any reduction of the duty on pens and pocket offtlery, which
was referred to the Committee on Finance.
/
He also presented petitions of the Allied Boaufls of Trade and
Taxpayers’ Association of Brooklyn; of the Twenty-eighth
Ward Taxpayers’ Protective Association, tff Brooklyn; and
of sundry citizens of New York City,
in the State of
New York, praying for the enactment of legislation authorizing
the building of one of the proposed new battleships in the
Brooklyn Navy Yard, which were referred to the Committee on
Naval Affairs.
/
Mr. FLETCHER presented petitions of sundry citizens of
Mascotte, Groveland, Albert, Mable, rand Richland, all in the
State of Florida, praying for the passage of the so-called Sulzer
parcel-post bill, which were referred to the Committee on Post
Offices and Post Roads.
/
Mr. CATRON presented a petition of sundry citizens of Nor
ton, N. Mex., praying for the passage of the so-called Sulzer
parcel-post bill, which was referred to the Committee on Post.
Offices and Post Roads.
/
Mr. CLAPP presented a petition of members of the Builders’
Exchange of Duluth, Minn., praying for the adoption of a 1-cent
letter postage, which was inferred to the Committee on Post
Offices and Post Roads.
/
He also (for Mr. L a F qLlktte) presented a petition of the
State Historical Society Jof Wisconsin, praying that an ap
propriation be made for fihe erection of a national archive de
pository where Governffifent records can be safely preserved,
which was referred to the Committee on Public Buildings and
Grounds.
Mr. O’GORMAN presented a memorial of sundry citizens of
New York City, remonstrating against the establishment of a
parcel-post system, which was referred to the Committee on
Post Offices and Post Roads.
He also presented petitions of sundry citizens of Prattsburg,
Cold Spring, Livonia, Dayton, Mijhopac, Honeoye, Cuba,
Mount Vernon, Rock Valley, and Guilds, all in the State of
New York, praying for the establishment of a parcel-post sys
tem. which were referred to the Committee on Post Offices and
Post Roads.
He also presented a petition of the North Side Board of
Trade, New York City, praying that an appropriation be made
REPORTS OF COMMITTEES.
for the improvement of the East River from the Battery to
Throggs Neck, which was referred to the Committee on Com
Mr. BROWN, from the Committee on Pensions, to which were
merce.
|p
referred certain bills granting pensions and increase of pen
He also presented memorials^of sundry citizens of Chaffee, sions, submitted a report (No. 620), accompanied by a bill (g.
Mahopac, Crown Point, and tlie counties of Allegany and 6340) granting pensions and increase of pensions to certain sol
Niagara, all in the State of Nev#., York, remonstrating against diers and sailors of the Regular Army and Navy, and certain
the repeal of the tax on oleomargarine, which were referred to soldiers and sailors of wars other than the Civil War, and cer
the Committee on Agriculture anafeForestry.
tain widows and dependent relatives of such soldiers and sail
He also presented petitions of sjgndry citizens of Brooklyn, ors, which was rend twice by its title, the bill being a substitute
New York City, Auburn, arid Whilst:one, all in the State of for the following Senate bills heretofore referred to that com
New York, praying for the passage®! the so-called eight-hour mittee :
law, which were referred to the Committee on Education and
S. 7S2. Michael Grace.
Labor.
V
S. 2483. Andfew J. Laws.
He also presented a petition of sundry citizens of Harrison,
S. 2833. John T. Peel.
N. Y., praying for the enactment of legislation to provide for
S. 3687. Robert S. Kariho.
the free delivery of mail matter in towns outside of incorpo
S. 3825. Perry L. Sargent.
rated cities and village^, which was referred to the Committee
S. 4678. Rfichel T. Beck.
on Post Offices and Post Roads.
\
S. 5341. Arthur W. S. Maw.
lie also presented a petition of memb%s of the legislative
S. 538S. William II. Sterling,
board, Brotherhood o f Railroad Trainmen, of Albany, N. Y.,
S. 5457. John Lehr.
praying for the passage of the so-called Employers’ liability
■S. 5476. "Willson G. Nowers.
and workmen’s compensation bill, which was ordered to lie on / S . 5640. Winfield S. Gibbs.
—
the table.
/
^
{ S?'5656. Marcellas Moore.
He also presented petitions of sundry citizens of Elmira and
Mr. OWEN, from the Committee on Indian Affairs, to which
New Rochelle, in tlie State of New York, praying for the adop was referred the bill (S. 5169) authorizing the Ponca Tribe
tion of a 1-cent letter postage, which were referred to the Com bf Indians to intervene in the suit of the Omaha Indians in
mittee on Post Offices and Post Roads.
\
the Court of Claims, and for other purposes, reported it with
He also presented memorials of sundry citizenk of Vincennes ^amendments and submitted a report (No. 621) thereon.
and Oneonta City, in the State of New York, demonstrating
Mr. OWEN. On the 3d instant I reported, from the Comagainst the enactment of an interstate liquor law to prevent Jmittee on Indian Affairs, the bill (S. 461) conferring jurisdic
the nullification of State liquor laws by outside dealers, which tio n on the Court of Claims to hear, determine, and render
were referred to the Committee on the Judiciary. \
^judgment in claims of the Ponca Tribe of Indians against the
He also presented petitions of sundry citizens op Waterloo, |United States, with amendments, and I submitted a report
Chautauqua, Tyrone, Jamesville, Westfield, Binghamton, East thereon. I ask leave at this time to file a supplemental report
Syracuse, Friendship, and Oneonta City, all in the Stale of New (No. 557, pt. 2) on the bill, and I ask that it be printed.
York, praying for the enactment of an interstate liqu^- law to
The VICE PRESIDENT. Without objection, the report will
prevent the nullification of State liquor laws by outffidejglealers, [be received and ordered printed.
which were referred to the Committee on the Judiciary*
DEPARTMENT O PUBLIC HEALTH (S. DOC. NO.
F
---------He also presented memorials of members of sundry*Polish \
societies of Albany, Schenectady, and Rochester, all in the State
Mr. CULBERSON. I am directed by the Committee on Public
of New York, remonstrating against the enactment of legisla ITeadth rind National Quarantine to ask to have printed as a
tion to further restrict immigration, which were ordered to lie Senate, .document an address delivered by former Gov. John
on the table.
L. Bates; etjjoston , before the committee on Saturday, March
He also presented petitions of Washington Camp, No. 26, 30, 1912, with' relation to Senate bill 1 and Senate bill 5972, pro
Patriotic Order Sons of America, of Port Jervis; of Progressive posing the establishment of ,a public-health bureau or service.
Council, No. 59, Junior Order United American Mechanics, of There being no rule which wonW«jyjRIiorize the committee to
Elmira; and of Local Council No. 99, Junior Order United have this address printed otherwise tliafi as a^gBate document,
American Mechanics, of Montauk, all in the State of New I make the request.
York, praying for the enactment of legislation to further re
The VICE PRESIDENT. "Without objection, the
strict immigration, which were ordered to lie on the table.
quested is entered.
1912.
CONGRESSIONAL RECORD— SENATE.
BILLS INTRODUCED.
Bills were introduced, read the first time, and, by unanimous
consent, the second time, and referred as follow s:
By Mr. WATSON:
A bill (S. 6341) to provide for the erection o f a public build
ing at Weston, W. V a .; and
A bill (St 6342) to provide for the erection of a public build
ing at Buckiiannon, W. V a .; to the Committee on Public Build
ings and Grounds.
A bill (S. 6343) granting an increase o f pension to George W.
Wines (withVccompanying paper) ;
A bill (S. G|44) granting a pension to Nell H. Collins (with
accompanying%)aper) ; and
A bill (S. 63*15) granting an increase of pension to Itenhard
H abig; to the Committee on Pensions.
By Mr. TOWNSEND:
A bill (S. 634® granting a pension to Ambrose A. Link (with
accompanying p ajer) ; and
A bill (S. 6347b granting a pension to Ellen pPyanes (with
accompanying papers) ; to the Committee on Pensions.
By Mr. CRAWE R D :
.#
A bill (S. 634S)
anting an increase o f pension to Byron F.
Nutten (with acco lanying papers) ; and
f
A bill (S. 6349)
anting an increase of glnsion to John H.
Kingsley (with a
<
panying paper) ; to-Sthe Committee on
Pensions.
By Mr. BRANDEG
A bill (S. 6350) g: iting an ificreasejbf pension to Joseph
Casavant;
A bill (S. 6351) gran ag an increase M pension to Anastasia
Corcoran; and
an mcreasg o f pension to Josephine
A bill (S. 6352) gran
on Pens ns.
F. Chester; to the Comm!
By Mr. OLIVER:
ease o f pension to Mary
A bill (S. 6353) grant
pers) ; to the Committee
Ann Burns (with accomp
on Pensions.
By Mr. R A Y N E R :
A bill (S. 6354) to perpet
and preserve Fort McHenry
and the grounds connected the
ith as a Government reservation under the control of the Si
tary o f W ar and to authorize !
its partial use as a museum ojflii? ric relics; to the Committee
on Military Affairs.
By Mr. STONE:
A bill (S. 6355) for the lief of t
trustees o f the Methodist
Episcopal Church South,
De Soto,
o .; to the Committee on
Claims.
A bill (S. 6356) gran&ng an increa
o f pension to Frealing
Walker (with accompjpiying paper)
o the Committee on
Pensions.
By Mr. GUGGENHEIM
used by the Forest
A bill (S. 6357) appropriating $7,500, to
onnect Cottonwood
Service in the construction o f a highway t
Lakes, in Battlement National Forest, w it a system o f roads
lo., by the State
now being constructed in Plateau Valley,
of Colorado and tie citizens o f Mesa County in that State; to
the Committee onfAgriculture and Forestry.
o f Edward H.
A, b ill (S. 6338) for the relief of the hef
Chamberlain, deceased (with accompanying a p e r s ); to the
Committee on Claims.
4773
By Mr. BOURNE:
A bill (S. 6368) for the relief o f John W. Hagan (with accom
panying paper) ; to the Committee on Military Affairs.
A M E N D M E N T S TO RIVER AN D HARBOR BILL
( H . R. 2 1 4 J 7 ) .
Mr. OLIVER submitted an amendment proposing.*t£> appro
priate $5,000 for a preliminary investigation into<*r system of
impounding reservoirs at the headwaters of J 0 e Allegheny,
MononganWa, and Ohio Rivers, etc., intended t^ b e proposed by
him to theVriver and harbor appropriation bill, which was
referred to
Committee on Com m ercg^nd ordered to be
printed.
Mr. FLETCIlfiJ^, submitted an amei^ffment providing for the
survey of Charlott^JIarbor, Fla., ej£^ intended to be proposed
by him to the river Tuxd harbor impropriation bill, which was
referred to the ComnlhU.ee onyCommerce and ordered to be
printed.
Mr. PENROSE submitte$)#ii amendment proposing to appro
priate $8,200 for d r e d g i n g R i v e r , Elkton, Md., intended
to be proposed by him
the
and harbor appropriation
bill, which was referred to the Cons^pittee on Commerce and
ordered to be printer
JENTS TO APPROPRIATI?
Mr. NELSONg^fubmitted an amendment authorizing the Sec
retary o f WaffPto lease such surplus water p?i»hiiuing to the
military reservation of Schofield Barracks, islandc^O ahu, Ter
ritory o f Jlfnvaii, etc., intended to be proposed by BMP to the
sundry ciam appropriation bill, which was referred to u H Com
l
mittee gm Appropriations and ordered to be printed.
MrJWARREN submitted an amendment proposing to merer
the ^appropriation for support and education of 175 Indian
pupils at the Indian school, Shoshone Reservation, Wyo., and
for pay of superintendent, from $31,025 to $32,500, etc., intended
to be proposed by him to the Indian appropriation bill (II. R.
20728) , which was referred to the Committee on Indian Affairs
and ordered to be printed.
Mr. OWEN submitted an amendment relative to the expendi
ture of the tribal funds belonging to the Five Civilized Tribes
during the fiscal year ending June 30, 1913, etc., intended to be
proposed by him to the Indian appropriation bill (H. R. 20728),
which was referred to the Committee on Indian Affairs and I
ordered to be printed.
J
<
OMNIBUS CLAIM'S BILL.
-Mr. STONE submitted an amendment intended to be propose^
by him to the bill (II. R. 19115) making appropriations for pa
ment o f certain claims in accordance with the findings of Jme
Court of Claims reported under the provisions of the act|papproved March 3, 1883, and March 3, 1887, commonly knafni as
the Bowman and Tucker Acts, which was referred to
Com
mittee on Claims and ordered to be printed.
W IT H D R A W A L
OF PAPERS---- J A M E S E.
On motion of%Lr. Oliver, it was
O r d e r e d , That thelmapers in the case of James
Sixtieth Congress, bllwithdrawn from the files o
ij
verse report having b$$n made thereon.
smith (S. 4539),
le Senate, no ad-
THftj^AM ERICAN TOBACCO
The VICE PRESIDENT. The morniup business is closed.
Mr. CUMMINS. I ask that the Sen^h take up for considera
tion Senate bill 3607.
The VICE PRESIDENT. : The bjSP will be stated by title.
The Secretary. A bill ( S.-,3GUj$T to give the right of appeal
to the Supreme Court of tlie ^ n « e d States to certain organiza
tions or persons in the suit Qjf^tlie United States against the
American Tobacco Co. and ofepfers.
The VICE PRESIDENT# Without objection, the bill is
before the Senate as in (Msfrimitteevqf the Whole.
Mr. CUMMINS. Mr. Resident, during the debate on Satur
day I was asked by IMF Senator frota Idaho [Mr. B orah ] in
what manner and to valiat extent the circuit court in New York
had approved or adjudicated the plan i»f reorganization. In
the hurry of the lam ent, I omitted to r<5fed one paragraph of
the decree which Reflects much light upoh%he subject of that
inquiry, and I bag now to read i t :
\
By Mr. CATRON:
site and for
A bill (S. 6559) to provide for the purchase o
N. M ex.; to
the erection (ft a public building thereon at Socor
the Committee on Public Buildings and Grounds.
A bill (S/6360) granting a pension to Dale C. C k ;
A bill (Se 6361) granting a pension to Gus M. B ss, j r . ;
A bill Ip. 6362) granting a pension to Lottie Syz nski; and
A bill / s . 6363) granting an increase of pension' o Ella G.
Timoney/ to the Committee on Pensions,
Ry Mi. TOIN DEXTER:
to the
A bill? (S. 6364) to waive the age limit for admiss
Ray Cq^-ps of the United States Navy for two years i he case
of Paymaster’s Clerk Archy W. Barnes; to the Cornu ttee on
Naval/Affairs.
This court hajfng heard the parties as directed by the Supreme
By Air. GORE
Court of the Uufted
further
A bill ( s . 6365) amending the statutes relating to p ents; and ordered, adiridged,States, it is that saidascertained and determined
and decreed
plan hereinbefore set forth
to the Committee on Patents.
is a plan or n#thod which, taken with the injunctive %rovisions here
inafter set feytb, will dissolve the combination heretofore adjudged to
By Mr. SMOOT:
will
out of
elements now
A bill (S. 6366) regulating the manner of appointing col be illegal in#this cause, and whichre-create honestly the h!%rnony with,
composing i f f a new condition
will he
in
lectors of internal revenue and other officials; to the Comniittee and not repugnant to. the law, and without unnecessary injury to the
public or tflie rights of private property.
on Finance.
It is farther ordered, adjudged, and decreed that the sa!«s. plan as
By Mr. CLARK of Wyoming:
hereinab/ve set forth he, and it is hereby, approved by this efibrt. and
A bill (S. 6367) to punish the altering or forging of bills of the defendants herein are, respectively, directed to proceed fcfflhhw
ith
to carry the same into effect.
\
lading; to the Committee on the Judiciary.
47
CONGRESSIONAL RECORD— SEXATE.
I do not make any additional comment upon this part of the
decree, because it is almost a repetition of portions which I
read on Saturday; but this extract shows clearly that the
circuit court in New York intended to give its sanction and its
approval, and, in so far as it could, to adjudicate the lawful
ness of the plan which I have already discussed.
Mr. President, the debate on Saturday developed certain dif
ferences of opinion with regard to the law of the case; and it
is to the law of the case that I especially now desire to direct
my attention. In view of the debate on Saturday I ask the
Senators present—and I earnestly hope that they will—to give
me their attention for a few moments, and especially the law
yers among them, to a further brief analysis of the law of the
bill now under consideration.
I admit that the moment the case is stated instinctively we
assume an attitude, if not of opposition, at least an attitude of
inquiry. Why? Because the bill is both special and retro
active. It operates on things done and a status already created.
Such legislative action is rarely necessary, and therefore rarely
taken. I f I have not established the imperative need of the
legislation, it is useless to go further, for no ordinary circum
stances will justify this measure. I desire that admission to be
fully understood. Unless there is a high necessity for passing
a special and retroactive measure in order to give the people
of this country the relief which they demand and to which they
are entitled, then this bill ought not to be passed, for it is both
retroactive and special. But there have been many instances in
times past, taking the whole history of civilized people into
view, when retroactive and special legislation was absolutely
essential in order to prevent the most grievous injustice.
The legislative power of Congress over the subject matter is
complete. Mark that. There is no restriction, there is no limi
tation, upon the legislative power of Congress over the subject
matter. The bill relates to the enforcement of the antitrust law.
The antitrust law is founded upon the authority of Congress to
regulate commerce among the States and with foreign nations.
Therefore, and so far as the subject matter is concerned, the
authority or the power of Congress is complete and plenary. It
follows that Congress can perform any legislative act concern
ing this subject that is not forbidden by some other provision of
the Constitution.
Is there dissent from the proposition that I have just stated,
that Congress has the authority to perform with respect to
this subject any legislative act not prohibited by some other
provision in the Constitution of the United States?
Assuming that to be a sound conclusion, let us again state
what this bill proposes to do. It gives to certain persons and
organizations the right to become parties to a suit in which a
decree has been rendered and then to take the case made by
the complainant, the complainant being the United States, act
ing all the while in the public interest and in a public capacity,
to an appellate tribunal for the purpose of having the decree
reviewed with all the formalities, with all the safeguards, with
all the law that would have been applicable if the United States,
the complainant, had taken an appeal.
Without now considering other provisions of the Constitution
with which it has been said the bill is in confUet, it can not be
alleged that the bill, if passed, would not bq/a legislative act.
It is a legislative act, but, nevertheless, it rnfiy be repugnant to
some part of the Constitution to which I h$Ae not referred; and
to that inquiry I will presently pass.
■
$
The proof that it would be a legislatiyfe act, if passed, lies in
th is: No one will question that if we* were to pass a general
law, prospective in its operation, mal^iig just such provision as
is contained in this bill, that it woujd be valid. There is noth
ing in the Constitution which prohibits either special legislation
or retroactive legislation. Sometimes, without very much con
sideration, we assume that because legislation is retroactive, or
because it is special, therefore M is invalid, but under our Con
stitution it is not so. There age many of the States in the Union
whose constitutions forbid special legislation upon a subject of
this character, but not so jyith the Constitution of the United
States. If any such act jg invalid, it must, therefore, be for
some other reason.
f
The objection most reefed on is that the time for appeal in the
case has expired; that-the plan approved is in course of execu
tion, and that rights .have been or may have been vested which
might be, through the appeal, impaired or divested. I beg that
Senators will hold; that objection in mind while I consider its
validity and its Soundness.
It will not be contended that, as to the parties at least, this
objection is well taken. The Supreme Court cf the United
States has decided positively, without any imitations, I think,
that there is no vested right in an immunity from an appeal;
in other words, the fact that the time has expired for an appeal,
or the fact that the law gave to neither of the parties a right
A pril 15,
to appeal, gives to the parties to the suit when a decree has been
rendered no vested right in the immunity from an appeal. To
put it in another way, in any such>case as I have stated it is un
doubtedly true that Congress cap confer upon either party the
right to take an appeal, even though the time has expired, or
to put it more strongly still, even though under .he law as it was
when the decree was rendered! there was no right of appeal.
This was the decision of the Supreme Court in the case of
Stephens v. Cherokee Nation, in 174 United States Reports, be
ginning at page 445. In that case jurisdiction had been given
to the United States court in Oklahoma or in the Indian Terri
tory to hear those who claimed certain lands under the allot
ments made by what is ordinarily known as the Dawes Com
mission. It allowed parties claiming those lands to bring suits
in the United States court for that Territory in order that their
allotments might be adjudicated and determined by the decree
of the court. The statute which conferred this jurisdiction
upon the circuit court in the Indian Territory made no pro
vision for an appeal; there was no right of appeal to the Su
preme Court of the United States from any such decree; the
decree when once rendered was final, and. the right of the
parties in so far as affected by the decree became as vested
as rights can be under a decree of a court.
Congress shortly afterwards passed a law giving to some of
the parties in these cases the right of appeal, and that was
given after the decree was rendered and after any such right
might be said to have become vested. The constitutionality of
the act was challenged upon the very ground taken by those
who oppose the validity of the bill now under consideration,
and this- is what the Supreme Court of the United States said
upon that subject:
The contention is that the act of July 1, 1S98, in extending the
remedy by appeal to this court was invalid because retrospective, an
invasion of the judicial domain, and destructive of vested rights. 1}V
its terms the act was to operate retrospectively, and as to that it m
av
be observed that while the general rule is that statutes should be so
construed as to give them only a prospective operation, yet where the
language employed expresses a contrary intention in unequivocal terms
the mere fact that the legislation is retroactive does not necessarily
render it void.
And while it is undoubtedly true that legislatures can not set aside
the judgments of courts, compel them to grant new trials, order the
discharge of offenders, or direct what steps shall be taken in the
progress of a judicial inquiry, the grant of a new remedy by way of re
view has been often sustained under particular circumstances.
Here tbe Supreme Court cites a number of cases upon which
it relies and then continues:
The United States Court in the Indian Territory is a legislative
court and was authorized to exercise jurisdiction in these citizenship
cases as a part of the machinery devised by Congress in the discharge
of its duties in respect of these Indian tribes, and assuming that Con
gress possesses plenary power of legislation in regard to them—
And, of course, no more with regard to those courts than
the circuit court of the United States, which is also a creature
of Congress—
It follows that the validity of remedial legislation of this sort can
not be questioned unless in violation of some prohibition of that in
strument.
In its enactment Congress has not attempted to interfere in anv
way with the judicial department of the Government, nor can the a
ctbe properly regarded as destroying any vested right, since the right
asserted to be vested is only the exemption of these judgments fr o m
review, and the mere expectation of a share in the public lands and
moneys of these tribes, if hereafter distributed, if the applicants are
admitted to citizenship, can not be held to amount to such an abso
lute right of property that the original cause of action, which is citi"
zenship or not, is placed by the judgment of a lower court beyond the
power of reexamination by a higher court though subsequently author
ized by general law to exercise jurisdiction.
Mr. SUTHERLAND. Mr. President-----The VICE PRESIDENT. Does the Senator from Iowa yield
to the Senator from Utah?
Mr. CUMMINS. Certainly.
Mr. SUTHERLAND. The case to which the Senator hag
called attention decides that no vested right is involved be
cause the right which was claimed to be vested was a mere
expectation to share in certain lands. What would the Senator
say if the title to the lands had actually vested by the decree’
Mr. CUMMINS. Mr. President, I think the right to the lands
did vest by the decree.
Mr. SUTHERLAND. The Supreme Court seems to consider
that it did not.
Mr. CUMMINS. I think, if the Senator from Utah will ex
amine the record, it will be found that so far as the right of a
particular person to any particular tract of land or a "particu
lar share in the proceeds of lands was concerned, the decree
was final and there was nothing further to be done, unless *
possibly to pass the naked legal title by some formal instru
ment.
Mr. CURTIS. Mr. President-----The VICE PRESIDENT. Does the Senator from Iowa yield
to the Senator from Kansas?
Mr. CUMMINS. I do.
CONGRESSIONAL RECORD— SENATE.
1912.
S e c . 4. That in any action brought against any common carrier tut*
dor or by virtue of any of the provisions of this act to recover damages
for injuries to, or the death of, any of its employees, such employee
shall “not be bold to have assumed the risks of his employment in gjpy
case « here the violation by such common carrier of any statute
ncted for the safety of employees contributed to the injury or dea^p of
such employee.
S e c . 5.’ That any contract, rule, regulation, or device whatsoever' the
purpose or intent of which shall be to enable any common caiJpr to
exempt itself from any liability created by this act, shall to thajjlxtent
be void : P r b x i d e d , That in any action brought against any suckJpmmon
carrier und% or by virtue of any of the provisions of this M m t, such
common cartfer may set-off therein any sum it has contributes!? or paid
to any insurance, relief benefit, or indemnity that may bavjgpeen paid
to the injurea%mplovee or the person entitled thereto on agspint of the
injury or deatM
fefor which said action was brought.
S e c . 6 . Thatv
|no action shall he maintained under tjgpf act unless
commenced with^ two years from the day the cause of jpftion accrued.
. S e c . 7. That t% term “ common carrier ” as used jJ^this act shall
include the receive!?; or receivers or other persons or coronations charged
with the duty of tfe management and operation ofjl|fe business of a
common carrier.
%
MS#
S e c . 8 . That nothrlLg in this act shall be held t^pimit the duty or
liability of common ciltriers or to impair the righ^gof their employees
under any other act or%cts of Congress, or to affijgp the prosecution of
any pending proceeding%?r right of action undd l^ he act of Congress
entitled “An act relating, to liability of com ent carriers in the Dis
m
trict of Columbia and Traafitories, and to con^^h carriers engaged in
commerce between the Smtes and betweenjglfe States and foreign
nations to their employees,%approved June l<f^l90G.
Approved, April 2 2 , 190S.%
[l'i%ic— No. tUf
An act (II. R. 17203) to amen, n act qflp-itled “An act relating to the
liability of common carriers 1 raili-Qg® to their employees in certain
cases,” approved April 22, 19
led “An act relating to the liaB e i t e n a c t e d , e t c . , That an
to their employees in certain
baity of common carriers by rat
mended in section 6 so that said
cases,” approved April 22, 1908,
section shall read :
aintained under this act unless
” Sec, G That no action shall
.
tbit-day the cause of action accrued,
commenced within two years fr
be ^w
rought in a circuit court of the
“ Under this act an action
the residence of the defendant, or in
United States, in the district
which the cause of action ijy se or inwjyhich the defendant shall he
jtp , nr
such action. The jurisdic
doing business at the time 4gr commenc
tion “of the courts of the UWEed States u®der this act shall be concur
rent with that of the couswr of the severabStates, and no case arising
under'this act and brougtayun any State cotffct of competent jurisdiction
shall be removed to ansgrourt of the United States.”
S ec . 2. That said ju® be fu rther amendeaSby adding the follow in g
section as section 9 glgpsaid a c t :
“ S ec . 9. That any&right of action given by ffj& act to a person suf
s
fering injury shall Jpirvive to his or her personal representative, for
the benefit of the Jihrviving widow or husband i&l children of such
employee, and, if Jpne, then o f such employee’s pa-Smts; and, if none,
then of the nextjof kin dependent upon such empsfeee; hut in such
cases there shallfflB only one recovery for the same it
e
Approved, Anfil 5, 1910.
M
THE metal schedule.
Mr. STGbnE. When on Saturday last the vie
minority of the Finance Committee on what is
metal-schedule bill were presented I was temporarily
ask leave to attach my signature to those views.
The VICE PRESIDENT. The Chair supposes that tlieSSSenator lias that right without leave; but, without objections*the
Senate will
questSA'i^o objection is heard.
,
CHOCTAW and CHICKASAW
coal and asphalt lands.
Dir. OWEN. Mr. President, I shall detain the Senate for a
few moments only. I ask that Senate bill 5727 be laid before
the Senate.
The VICE PRESIDENT. Without objection, the Chair lays
before the Senate for the purpose of discussion a bill the title of
which will be stated.
The Secretary. A bill (S. 5727) to provide for the appraise
ment of the mineral deposits o f the segregated coal and asphalt
lands of the Choctaw and Chickasaw Nations, and for other
Purposes.
Mr. OWEN. Before I leave the floor, I wish to ask unani
mous consent for the present consideration o f a bill extending
tbe time of payment by settlers in the Comanche country.
Mr, CTTRTX&. May I ask what action was taken by the
•Senate upon the measure to which the Senator from Oklahoma
was addressing himself?
The VICE PRESIDENT. The bill was simply laid before the
Senate for the purpose o f discussion.
. Mr- OWEN. No action was asked for upon that bill. I
simply wanted to lay upon the record the facts with regard to
tbe coal and asphalt lands, so that the attention o f the Senate
might be called to them.
Mr. President, I rise to request and to demand that the
United States fulfill its treaty obligations to the Choctaw and
Chickasaws by the immediate sale of the coal and asphalt de
posits, as the United States is pledged to do by treaty.
Nineteen years ago the Dawes Commission was instructed to
negotiate with the Choctaws and Chickasaws for the allotment
of their lands, the giving up of their tribal governments, and
X L VIII----- 301
4791
the creation of State government (27 Stats., G45, sec. 1G). The
Dawes Commission was expressly authorized in this act—
To procure the cession, for such price and upon such terms as shall
be agreed upon, of any lands not found necessary to be so allotted or
divided, to the United States.
The Choctaws and Chickasaws were very reluctant to give
up their method of landholding, and to give up their tribal gov
ernments, to which they were deeply attached. The holding of
land in common was almost a religion with the Indian people.
But after four years o f solicitation and urging the Choctaws and
Chickasaws, who had always been extremely friendly to the
United States and loyal to the wishes of the Government, agreed
to give up their tribal governments by an agreement of April
23, 1897 (U. S., 30 Stats., 495, sec. 29).
By this agreement the Choctaws and Chickasaws agreed to
relinquish their tribal government T that their lands should be
allotted; and the United States agreed on its part to fairly
divide the property owned by them in common at the expense
of the United States.
This agreement was amended by a supplemental agreement
approved by Congress July 1, 1902 (32£tats., G41).
By section J4 it was agreed that the residue of lands not
reserved or otherwise disposed of should bo sold at public
auction under the rules and regulations prescribed by the Secre
tary of the Interior and the proceeds distributed per capita.
And it was further expressly provided as follows:
S ec . 5G A t t h e e x p i r a t i o n o f t w o y e a r s after the final ratification of
.
this agreement a ll d e p o s i t s o f c o a l a n d a s p h a l t which are in the lands
within the limits of any town site established under the Atoka agree
ment, or the act of Congress of May 8 1 , 1900, or this agreement, and
w h i c h a r e w i t h i n t h e e x t e r i o r l i m i t s o f a n y la n d s r e s e r v e d f r o m a l l o t
m e n t o n a c c o u n t o f t h e i r c o a l o r a s p h a l t d e p o s i t s , as herein provided,
w h i c h a r e n o t a t t h e t i m e o f t h e fin a l r a t i f i c a t i o n o f t h i s a g r e e
m e n t e m b r a c e d in a n y t h e n e x i s t i n g c o a l o r a s p h a l t le a s e , s h a ll b e s o l d
a t p u b l i c a u c t i o n for cash under the direction of the President as here
and
inafter provided, and the proceeds thereof disposed of as herein pro
vided respecting the proceeds of the sale of coal and asphalt lands.
S ec . 57 A l l c o a l a n d a s p h a l t d e p o s i t s which are within the limits of
any town site so established, which are at the date of the final ratifi
cation of this agreement covered by any existing lease, shall, a t llic
e x p i r a t i o n o f t w o y e a r s a f t e r t h e fin a l r a t i f i c a t i o n o f t h i s a g r e e m e n t . be
s o l d a t p u b l i c a u c t io n under the direction of the President as herein
after provided, and the proceeds thereof disposed of as provided in the
last preceding section. The coal or asphalt covered by each lease shall
be separately sold. The purchaser shall take such coal or asphalt
deposits subject to the existing lease, and shall by the purchase succeed
to all the rights of the two tribes of every kind and character under
the lease, but all advanced royalties received by the tribe shall be
retained by them.
Sec . 58. Within six months after the final ratification of this agree
ment the Secretary of the Interior shall ascertain, so far as may be
practicable, what lands are principally valuable because of their de
posits of coal or asphalt, including therein all lands which at the time
of the final ratification of this agreement shall be covered by then
existing coal or asphalt leases, and within that time h e s h a ll , b y
w r itte n
order,
seg reg a te
and
reserve
fro m
a llo tm e n t
a ll o f s a i d
la n d s .
S u c h s e g r e g a t i o n a n d r e s e r v a t i o n s h a ll c o n f o r m t o t h e s u b d i v i s i o n of
the Government survey as nearly as may be, and the total segregation
and reservation shall not exceed 500,000 a c r e s .
Mr. President, it has been 10 years since this solemn promise
was made to the Choctaws and Chickasaws.
They have demanded from time to time the fulfillment of
this guaranty by the United States, and, as Senator from Okla
homa, I have strenuously and persistently urged the sale of.
these coal and asphalt lands and deposits.
The Department of the Interioi*, which was charged with
carrying out the plighted honor of the United States, now finds
shelter for not carrying out this law under the act approved
April 26, 1906, section 13, which was passed at the instance
and with the approval of the department itself, as follows, to
w it :
That all coal and asphalt lands, whether leased or unleased, shall
be reserved from sale under this act until the existing leases for coal
and asphalt lands shall have expired or until such time as may be
otherwise provided by law.
These lands amount to approximately 445,000 acres:
Acres.
Coal land, Choctaw Nation-------------------------------------------------- 438, 000
Asphalt land, Choctaw Nation--------------------------------------------1, 000
Asphalt land, Chickasaw Nation--------- ---------------------------------G 000
,
Congress has just passed an act providing for the sale of
the surface of the segregated coal and asphalt lands, but no
action was taken by Congress to sell the mineral deposits of
the coal and asphalt.
The Senator from Wisconsin [Mr. L a F ollette], I am ad
vised, desires that the United States should buy this coal and
asphalt belonging to the Choctaws and Chickasaws, with a view
to the conservation of these properties and the administration
of these coal fields by the Government of the United States,
and he has heretofore been unwilling to carry out the pledge
of the United States to sell these properties and distribute the
moneys to the Choctaws and Chickasaws, because he hoped
that the House of Representatives and the Senate of the United
CONGRESSIONAL RECORD— SENATE.
States would agree to buy tbis property and bundle it under
tbe governmental administration.
Mr. President, I believe in tbe conservation of coal and
asphalt, but I believe that tbis is a problem which primarily
involves tbe conservation of tbe national honor. The preserva
tion of the national integrity is more important than the Federal
purchase or control of coal owned by private persons. The
United States Government gave its pledge and its guaranty 10
years ago to nearly 30,000 human beings—the Choctaws and
Chickasaws—that if they would do certain things and give up
ceriain things, to which they were deeply attached, the United
States would sell this coal and asphalt and distribute the money
to these people.
The Choctaws and Chickasaws have been waiting 15 years
for the fulfillment of this pledge. Nearly 5,000 of these people
have died disappointed and have been denied the written pledge
of this Government. Justice delayed is justice denied.
I count myself as one of the custodians of the good name of
the Nation. Every Senator on this floor is charged with the
personal responsibility of keeping the plighted faith of this
Government, and no argument based upon material advantage
will avail to justify any policy which will give ground to the
Choctaws and Chickasaws to feel that the United States has
been guilty of perfidy and dishonor. These Choctaws and Chick
asaws are my constituents. They are citizens of the United
States and of the State of Oklahoma. They are my friends,
and I represent them on this floor as Senator from the State
of Oklahoma, and I serve notice on the Senate that patience
has ceased to be a virtue.
1 demand a fulfillment of the written pledge of this Govern
ment to the Choctaws and Chickasaws in good faith.
Nobody believes that the Government will buy this property,
and nobody believes that the.Government will permit this prop
erty to pass into the hands of any great monopoly. The abuse
of monopoly can be prevented by selling it in tracts of reason
able size, and the laws of Oklahoma will do the rest.
If the Government is not going to buy this coal and asphalt,
then let the Government immediately sell this land to the high
est bidder and fulfill faithfully and honestly the plighted faith
of this Nation.
I wish to submit a memorandum prepared by the Department
of the Interior in relation to the Choctaw and Chickasaw coal
and asphalt lands as-an addendum to my remarks.
The VICE PRESIDENT. Without objection, permission is
granted.
The memorandum is as follow s:
MEMORANDUM PREPARED BY THE DEPARTMENT OF THE INTERIOR IN RELA
TION TO TIIE CHOCTAW AND CHICKASAW COAL AND ASPHALT LANDS.
“Additional legislation is required before the coal lands in the
Choctaw Nation can be disposed of (all of the coal lands are
within the Choctaw Nation). The last act of Congress on the
subject was passed April 26, 1906 (34 Stat., 137), and provides
as follows:
“ That all coal and asphalt lands, whether leased or unleased, shall
be reserved from sale under this act until the existing leases for coal
and asphalt lands shall have expired or until such time as may he
otherwise provided by law.
“ The last agreement with the Choctaw and Chickasaws, em
braced in the act of Congress approved July 1, 1902 (32 Stat.,
641), provided that the coal and asphalt lands in the Choctaw
aiid Chickasaw Nations be segregated. This segregation took
place March 24, 1903, and embraced an area of approximately
445,000 acres. This area is divided up substantially as follow s:
Acres.
Coal land, Choctaw Nation, approximately__________________ 438. 000
Asphaltum land, Choctaw Nation, approximately-----------------1. 000
Asphaltum land, Chickasaw Nation, approximately__________
6 . 000
Total______________________________________________ 445, 000
“ Of this area about 100,000 acres were covered by live coal
leases in effect July 30, 1909, and the 6.000 acres of Chickasaw
asphaltum lands were also covered by leases at the same time.
The coal and asphaltum leases were made for a period of 30
years from their respective dates. The dates of these leases
range from July 3, 1S99, to September 16, 1902, and therefore
they will expire by their own momentum from July 3, 1929, to
September 16, 1932. Said act of July 1, 1902 (32 Stat., 641),
which provided that no more mining leases should thereafter
be made was not ratified by the Indians until September 25,
1902, and was not operative until ratified by the Indians. This
accounts for the fact that some leases bear dates as late as
September 16, 1902.
“ Said act also provided that the segregated coal and asphal
tum land should be sold within three years from its date at
A pril 15,
public auction for cash, under the direction of the President
by a commission composed o f three persons to be appointed by
the President. This commission was appointed, but no lands
were disposed of by it Pending action of said commission
Congress made a provision in the Indian appropriation act of
April 21, 1904 (33 Stat., 189), whereby the method of sale of
the coal lands was changed from sales at public auction to sales
under sealed bids. Much of the coal land was advertised for
sale in 1904 under sealed bids. These sealed bids were opened
at the department, but were rejected because the Secretary de
cided that the price offered for the coal lands was inadequate.
The bids on 362 tracts, aggregating 60,946 acres (no tract ex
ceeding 960 acres), aggregated $498,562, an average of $8.1S
per acre. Such bids included not only the land itself but the
mineral therein.
“ Nothing has been done since 1964 looking toward the sale
of the coal lands, indeed nothing can be (lone without new
legislation, as will be seen from the act of April 26, 1906 (34
Stat., 137), quoted above.
“ There was a wide divergence of opinion on the value of
these coal lands. On account of this, Congress on June 21
1906 (34 Stat., 325), appropriated $50,000 for the purpose of
prospecting the coal lands and drilling holes at different points
to ascertain the value of the coal deposits therein contained.
This $50,000 was expended by the Commissioner to the Five
Civilized Tribes under the personal and direct supervision of
Mining Agent William Cameron. Mr. Cameron personally
conducted the prospecting, drilling, and examination of the
field. His prospecting has been of great value to the Govern
ment, and the $50,000 appropriated was well expended. Mr,
Cameron was assisted in his work by a representative of the
Geological Survey detailed by the department. The man from
the Geological Survey, who has had this matter under his per
sonal supervision, is Mr. A. W. Thompson; he, however, is not
now in the Government service.
“ Senate Document No. 390, Sixty-first Congress, second ses
sion, gives a full and complete report of the prospecting done in
the coal areas. This report, which is evidently a reliable docu
ment, shows among other things the following, to w it:
“ Mr. Cameron considers the present value of the workable
coal, separate from the surface, at $12,319,000 (p. 21). Mr.
Cameron confines his calculation to coal veins lying 1,000 feet
or less in depth from the surface (p. 90), and in the main con
fines his estimates to coal layers 3 feet in thickness or more
(p. 90). He thinks that the segregated coal area contains
283,649 acres of good workable coal (p. 21). He estimates the
total value o f the coal at $12,319,000, as stated above, or at
about $44 per acre (p. 71), and thinks that the rest of the
segregated area, containing approximately 155,000 acres, ig
either barren of coal or that the coal lies too deep for any com
mercial value.
“ The Geological Survey, to which Mr. Cameron’s report was
submitted, using the same basis as that adopted by Mr. Cam
eron, to wit, coal lying in measures 1,000 feet and less in depth
and having a thickness of 3 feet or more, estimates that the
workable coal covers an area of 217,382 acres (p. 90). More
over, the Geological Survey has used another basis of calcu
lation upon which it places the coal area at 371,689 acres, usipocoal measures at a depth of 3,000 feet or less and veins of a
thickness as small as 14 inches.
“ I especially invite your attention to the four assumptions
made by the Geological Survey in valuing the coal deposits
exclusive of the surface. I quote their exact language, found
on page 90 of Senate Document No. 390:
“ In valuing these coal lands, four assumptions may be made :
“ (1) That the coal be retained by the Indians and sold under lease
hold contracts, as at present. At the present royalty rate this would
yield a total return of approximately $160,000,000, less the cost of
inspection and administration, and at the present rate of mining this
return would be recovered in 666 years.
“ (2) That they be retained by the Indians until sold by tracts or
otherwise on demand for immediate exploitation. On this basis the
value has been assumed to be the same that it would be if these were
Government lands and being held by the Government, and the value
calculated in the same way as the value of the Government lands.
This gives a total value of $26,026,920.
“ (3) That they be thrown onto the market by tracts and bring what
they will. Their value can not be estimated in this case, but undoubt
edly it would average very low.
X „
T
“ (4) That they be sold in a single piece to the State or National Gov
ernment. If the National Government can obtain money at 3 per cent
they are worth to it from $5 ,000,000 to $6,600,000. If the State govern
ment can obtain m
oney at 5 per cent they are worth to it $4,000,000 or
less Thev are worth to either the State or National Government such
a sum as the estimated income will pay interest upon and create a sink
ing fund that will ultimately recoup the investment. Since 1902 the
annual production of coal in the Choctaw Nation lias been about
3 000,000 tons. At 8 cents a ton this yields approximately $240,000 a
year Two hundred thousand dollars may be taken as a safe net roy
alty income, leaving $40,000 to meet the expense of inspection, adminis
tration, a-n contingencies.
d
CONGRESSIONAL RECORD— SENATE.
1912
“ Tlie leases above referred to have yielded, since the Govern
ment took charge, a royalty o f S cents per ton, mine run, and
have produced the following tonnage and royalty:
Output.
Year ending June 30—
Royalty.
Tons.
1,404,442 8110,145.25
1,900,127 138,486.40
2,398,156 199,1363.55
2,735,365 247.361.36
3,187,035 261,929.84
3,198,862 277,811.60
2,859,516 248.428.36
2,722,290 251,947.02
3,079,733 240,199.23
2,780,649 273,196.82
2,728,437 218,376.07
1899
1900
1901
1902
1
903
1
904
1905
1906
1907
1908
1909
“ It is to be remarked that the most desirable coal measures
within this segregated area are under lease.”
DIS T R IC T
C .'jJ IR.T.
•M ' f l f f m r o f Michigan. I request unanimous consent for
r.
the present consideration of the bill (S. 5935) to fix the terms
of the^pistrict Court for the Western District of Michigan. I
is a bilNyhich was unanimously reported by the Committee
the JudiciS^, and it will cause no delay or debate.
There beiim no objection, the Senate, as in Committee o f tp r
p hole, proceeded to consider the bill, which had been renorj ra'
from the Comnuu tee on the Judiciary with an amendment^ in
hue 9, after th e w o rd “ in,” to strike out “ June” and j^ e r t
January,” so a s \ make the bill read:
J®?'
l i e i t e n a c t e d , e t c . , %hat the terms of the District Court for y|e West
ern District of Michigiimfor the southern division shall be hel(|pft Grand
Kapids, commencing owljje first Tuesdays in March, .June, Qagber, and
December ; and for the mrthern division at Marquette, co
the second Tuesdays of 7®gril and September; and at Sau;
commencing on the secon<fj|jruesdays in January and Juljrj
The amendment was agreed to.
The bill was reportecl%o the Senate as amjg&ed, and the
amendment was cobcurreawi.
The bill was ordered to b%engrossed for a Uapjl reading, read
the third time, and passed.
WILLAMETTE RIVER iil
E AT N \\J|pR , O E .
E
G RG
Mr. CHAMBERLAIN. I asl feim anim ^f consent to call up
for consideration the bill (II.
204SQiFauthorizing the construction o f a bridge across the,r% 'ill Jette River at or near
Newberg, Oreg. It is a bill which Ikis. ^cal reference merely,
There being no objection, the Se*
as in Committee of the
Whole, proceeded to consider the b
The bill was reported to the Sei
^without amendment, ordered to a third reading, read the i r \tinie, and passed.
received with an outburst of approval that shows h * little Gallon and
ow
his followers realized the feeling of the public on a subject which
means vastly more to the preservation of society than the discussion of
such questions as tariff revision and the abolition of the House of
Lords. Iff many of the writings of eugenists the hope is expressed
that some'flay the public will realize the meaning of heredity, and that
some day legislators will take the necessary steps to prevent an in
crease of those elements in civilized populations which ultimately
mean racial destruction. That the general public has voiced its ap
proval of thelfehurch’s position shows that eugenic ideas had been mak
ing their way 'far more rapidly than eugenists knew or supposed.
Almost evei% newspaper and every scientific periodical is publish
ing articles nq%adays on the subject of eugenics. The terrible con
sequences of permitting such criminal families as the Jukes and the
Zeros to saddleltheir countries with a thousand and more defectives
in the course ofSi few generations must surely be realized by almost
everyone who caimread black print. Instances of hereditary insanity
and criminality ale brought to light daily in the rapidly increasing
literature on eugemes. Thus, in Conklin’s “ Mating of the Unfit,” we
learn of a young ftan of good family who, after his discharge from
the Continental Army, mated a feeble-minded girl in New Jersey. From
this uniomocame a feeble-minded daughter, whose blood can be traced
in 48<Lfl$scendants, q£ whom 143 were distinctly feeble-minded. In a
papgg^vead before thej.sixty-first annual session of the Medical Society
r State of Pennsylvania last September, Dr. Martin W. Barr, chief
e
sician- of the Pei&sylvania Training School for Feeble-minded
hildrartPcites some teffJ/ig examples out of his own experience. lie
telJarflfe that in Pennsylvania alone there are 10,000 cases of avowed
llity, and of thesdlsmt 3,500 are sequestrated. At present the
equestrated fecble-midped are a distinct menace, not only to the
late of Pennsylvania, bdp to the entire American Nation. They are
now privileged to taint ti(© race to which they belong; for as yet
society has taken no steps tg protect itself from them. Dr. Barr states
Sf
e
that of 4,050 cases of imblijlity, he found 2,651, or 05.45 per cent,
caused by malign heredities, &d of those 1,030, or 25.43 per cent, are
due to a direct inheritance q| idiocy, and 280, or G.91 per cent, to
insanity.
^ v
§|
In a recent number the Med
Record points out that great danger
lies for us in the tide of imm _
s that pours into this country annually. True, our law provides
the deportation of “ all idiots, imbeciles, feeble-minded persons, <_ )tics, insane persons, and persons
who have been insane within five
:* previous or persons who have
s
had two or more attacks of insani
t any time previously.” But the
enforcement of the law is difficult.
In a bulletin published by the F
ork State hospitals, it i3 stated
that until 1905 not more than 35
igrants were denied admission
on account of insanity in any sin,
•; but since that time, and
without any especial change in the
; number has risen to nearly
200 annually. Moreover, nearly as m
i
defectives as insane persons
have been excluded. The immigration
pcctors undoubtedly do their
best, but the Commissioner General of
igration has himself pointed
out how inadequate are the means at
disposal for preventing the
pollution of American blood.
As might ho expected, the influence of
immigrant is most clearly
apparent in New York State, for here 1 ou
every 250 immigrants is
taken to a hospital for the insane in a ye\ after arrival. Evidence
mart, which shows that
has also been collected, chiefly by Dr. Isabel!
our population may
no less than 30 per cir.t of the feeble-mind
be traced to bad alien blood.
shall not be allowed
Wo take elaborate pains that diseased
to affect the public health, but as yet we ha\
one but little to pro‘sr that lurks in bad
tect the public health from the far greater
human blood. Some day a patriotism will bo
Seated, based upon a
noble culture of racial purity, a patriotism tlf
will recognize the
alth is the foundatruth of Lord Beaconsfield’s dictum : “ The publi
tion on which reposes the happiness of the people' jd the power of a
country. The care of the public health is the first d
of a statesman.”
REGULATION O SjptMIGigKlON.
F
1912.]
<
Mr. SIMMONS. Mr. P resid e® I sh(% d like to ask unani [Editorial from Manufacturers Record, Baltimore, M !
SC A T T E R IN G IM M IG R A N T S .
mous consent to have printed iisgHie RscoiMcertain publications,
States will
Expectation
part of
containing valuable data upoSfllie questiem of immigration, a cooperate with on the Southern its promoters that Sout
the “
Settlement and Developf
t Organizasubject which the Senate i^ p o take up (^ W edn esday, as I tion,” recently devised by way of Baltimore, and the for
ion in New
ing upon
understand from the Senatcypfrom M a ssa ch ^ tts [Mr. L odge], York of the American Immigration Distribution League,
the Federal
establish a land
for the\purpose of
and I desire it to be in ||fe R ecord in o w r that Senators making loansGovernment to farmers, point to fund imperati^ necessity
to Immigrant
the
may have the benefit of. lie information c h a in e d in those for additional restrictions upon immigration and rigid enfowement of
them, regardless of local or national political exigencies, iSjjil there
publications.
Without objectior%permission is shall be no longer inducements for the movement to this counljfcy of the
The VICE PRESIDE!
classes now dominant in immigration.
granted.
There is a leaven of good intent and humanitarianism in mo
Mr. SIMMONS. ThjggRata consist of four editiHaals and two movements that have come to the surface in the past 10 or
looking either to relieving eastern cities of the congestion of unde
articles of great interqpt and direct relevancy to s!|»3175 that is populations from abroad or to making it easier for greater h
to be taken up by thjFSenate next Wednesday, a;M have just such elements to enter this country. Recognition of that fact, hors ver,
said. The editorials jgre from the New York Sun, tnQLNew York should not blind the intelligence of the country to the real inspir
of such movements,
a most material character having
Herald, the Scienifiop\meriean, and the M anufactures Record, with increasing the either ofof trans-Atlantic steamship compani
earning
° f Baltimore. As fsliators know, the Sun and H era la a re two centered in foreign-born racial or ecclesiastical schemes hoping to
of the leading consirvative dailies of the country, the»cientific this country as a pawn. There have been so many mistakes in
decade, so many
American is a higlgfy technical and scientific periodical^and the connection within the pasthow southern men specious schemes, that
is difficult to understand
can still hope for ;.
Manufacturers Rjpord is one o f the leading trade, tra sp o rta results from any immigration movement in which individual St.,
tion, and financja' publications o f the South. The tw om ticles shall participate on any basis save that of individual State bureaus
by
of the State, whose taxes
them. The
are taken fronhpecent issues of the New York Times a%l the controlled for the people immigrants that would he asupport to the coun
movement
scattering
benefit
Herald as in d icted , and contain what seem to be very caimully try would be one that would scatter 80 per cent of the number now
Prepared stafijinents of the most recent information and Divert seeking admission to the country back to the European lands tint lnve
opinion thatifan be obtained from State and Federal offiepis speeded them to the United States.
111 a position 'to know minutely about conditions of which t!
[Editorial from the New York (Evening) Sun, Mar. 28, 1912.]
speak.
A CO M IN G IS S U E .
m a^hr referred to is as follow s:
In more ways than one the present and the near future seem likely to
1 editorial atom the Scientific American, New York City, Apr. 13, 1912.p ■offer years of unusual test for the Republic in which we live. A desire
T IIH C H U R C H , E U G E N IC S , AN D IM M IG R A T IO N .
to experiment with the iridescent toy of pure democracy has already
„
good animal is the first requisite to success in life, and to be disturbed the workings of representative government in various parts
good animals is the first condition of national prosperity.— of the country. And impatience with courts and constitutions may well
cause graver confusion. The actual evil from such experiments may
'
Spencer.)
r /^Announcement of a prominent cleryman that henceforth he would not be great, and every try at pure democracy contains a fresh demon
eiuse*to marry men and women eugenically unfit for wedlock has been stration of the futility of such reversion to primitive methods in a
4794
CONGRESSIONAL RECORD— SENATE.
modern State. Nor have we any patience with those gloomy dyspeptics
who consider that American political sense has gone to the dogs. It
hasn’t—and it is a pleasure to observe it attacking the new problems
at once with zest and patience.
But America is one thing, and America overlaid or interlarded with
large slices of the most ignorant and unreliable portions of Europe is
another. And the indeterminate factor in the coming years— the coin
ing issue— is the question of how m
uch further we can permit free, un
sifted immigration. Our current immigration both raises the most
serious problems now forming for governmental solution, and also, by
lowering the intelligence of the electorate, furnishes the gravest hin
drance to their solution. The sudden eruption of the gaunt figure of
syndicalism in our labor troubles is the most omnious sign of the
times. We have had our strikes a-plenty in the past, but the first con
siderable development of an actually revolutionary spirit com to-day,
es
and com as lately at Lawrence and now at Paterson, among the unes,
American immigrants from southern Europe.
.
The question is not one to bo settled in a day or in a year. We shall
doubtless have it with us for a long while to com
e. But w think the
e
time is ripe for a very serious debate upon the problem, and actually
for a beginning of restrictive m
easures. The first brute need for hands
to lay open an unexplored continent has unquestionably passed. Such
need as remains must be balanced against the paramount need for
nas-to
minds to govern a mgmy aeveiopeu- - - —
highly developed nation.
F
. .
.
. uuuuu.
Fortunately the whole . subject has been most thoroughly examined
recent year’s, and the facts are before the Nation. The recent congrcssfonal'investigation resulted in a plentiful array of statistics, and
especially in a single volume, The Immigration Problem, prepared by
Prof. Jenks and Prof. Lauck, who aided in the study. Much of their
interesting report was stated to the Senate recently by Senator Sim
m o n s , of North Carolina.
The question is before that body in connec
tion with a bill codifying the immigration laws. A provision for an
educational test was cut out in committee, but has been offered as an
amendment by the Senator from North Carolina. To quote the conclu
sion of his argument:
“ In nearly every State we are expending annually enormous sum
s
of m
oney to educate the boys and the girls who are to be the citizens
of the future, w are to control the destiny of this country aud its
ho
institutions. In many States there are compulsory-atendance laws.
The taxpayers are assuming this great financial burden ; they are in
sisting upon this higher degree of education for our boys and girls,
because they appreciate and thoroughly understand the fact that in an
enlightened democracy such as ours, a country where w have sover
o
eignty citizenship, the safety of our institutions, nay, the perpetuity
of those institutions, depends upon the measure of intelligence of its
people.
“ Here, sir, w are spending annually upon our boys hundreds o$
e
millions of dollars to fit them for citizenship, because we know tha
that bettor fits them for participation in a government like ours. Y
<
Mr. President, in the face of this fact, in the face of this large expej
iture of money for this purpose, when the Nation as a whole coj
to act we open the doors and admit every year to our citizenship
tween 200,000 and 300,000 of as densely ignorant and illiterate pejfiles
as live under God’s sun. Why should we do this? Is it not a ccm tvadiction in policy? Is it not inconsistent with our whole educjfional
history, especially of the last 25 or 30 years?”
The facts which he quoted to support his view are familiar Jhough.
The change in the character of immigration in the last 25 #ears is
notorious. Of the total immigration prior to 18S3, 05 per c « t cam
e
from England, Ireland. Scotland, Wales, Belgium, Denmark? France,
Germany, The Netherlands, Norway, Sweden, and Switzerland. From
1883 to 1007, 81 per cent cam from Austria-Hungary, Bulga/la. Greece,
e
Italy, Montenegro, Poland, Portugal, Roumania, Russia, Safvia, Spain,
Syria, and Turkey. This latter stream is one-half illiteratap m
ore than
a third does not settle here, but returns to its source,jftnd the rest
largely lives to itself and resists assimilation. All of w*5ch facts are
admirably illustrated, for example, in the racial condiiJm existing in
i
Lawrence, Mass.
w
Whether the literacy test is a sound method of restdrction is a moot
question. Nine out of the ten members of the congrerfional investigat
ing committee agreed upon it as the best practical means, though
frankly admitting its shortcomings. Possibly sucli/a test if supple
mented by other restrictions might meet the nee<* of the situation.
But (he point we would make is that the time Us com when som
e
e
restrictive plan must be devised and applied. TM question admits of
?
no division between capitalist and laborer. It hfls passed beyond the
range of purely economic discussion and enteiK a field wherein all
Americans must unite to grapple with a sevens threat against the
solidarity of the Nation. We trust neither Jfongrcss nor the people
will find a presidential election too engrossinjrto permit the immediate
consideration of this pressing issue.
[Article from New York TimjK Apr. 7, 1912.]
NEW YORK H A S SPEN T $25,000,000 ON ALlJlN IN SAN E --- IN S U F F IC IE N T GOV
ERN M ENT IN SP ECT IO N AT E L L IS I S L A N # I S A D M IT T IN G LARGE NUMBERS
EACH YEAR T H A T SHOULD BE DErOKJUD, AND IS SADDLING A HEAVY
BURDEN ON T H E STATE.
In some years New York State liasPpent as m
uch as one-third of its
entire revenue in the care of its i#mne. This year it will probably
spend—at least the lunacy commission has asked for—$9,000,000, or
one-fifth of its income, in this wa«
Startling as these figures are, Mere are others even more surprising.
Of the inmates of the State hoswtals for the insane about one-half are
foreign born. The logical infeuflhee is that a large number of lunatics
or potential lunatics are successful in passing the examination at Ellis
Island.
Jr
The authority for these fij?;res is M Goodwin Brown, who has for
r.
many years been deeply intqfested in the question of insanity.
M Brown was one of tje State commissioners in lunacy during the
r.
years 1895-96. These w
aJe the years in which the State completed its
work of taking over froijr the local authorities the management of in
stitutions for the insan# Up to this time the various townships and
cities had cared for thf'r defectives, and the expense was spread out
over a large territorvrand among many different boards. When con
solidation took placejniowever, it becam possible to see just how enor
e
m
ous w
ere the sums?spent on hospitals for the insane, aud those who
were interested in Joe subject felt the need of further legislation.
Mr. Brown haarin the past worked to secure legislation from Con
gress in regard f n the alien insane, and has also appeared before the
United States /industrial Commission, speaking on the same subject.
The State conym
ission in lunacy employed him in 1902 to appear before
A peil 15
Congress and present the situation ns it existed In New York am i
i
1903 some legislation was secured. The tiirfe in which it is possibrn n
deport an alien who is found insane in^fhis country was len^thenA0
and several safeguards were employed tar'lessen the danger of admittnT’
them.
___
mining
Nevertheless the situation lias
H worse with passing years as
vn
immigration has increased. Mr. frow gave the fac
n
facts
found them in the course of his . 'estigation into the subject, he has
“ We have in New York Stati
he said, “ 15 State hospitals for
care of the insane. They In
over 32,000 inmates, and their era
ployees, exclusive of the ^phyj Finns, number between 5,000 and 6 O n
O
ipment of these hospitals may. be put
The cost of the plant an
this sum is, I think I am conservative
$60,000,000. Enormous
ns
tw
ative
r. Pollock, the statistician of the unacy
when I give the figures,
commission, considers th I am not exaggerating,
derstand the situation. Our lunacy com ie.
m
“ It is important to
sion exceeds in importijfce any other State board. It has the spending
of m
ore money than #11 the other charitable and correctional boards
put together. Gov. «ix has reorganized it so that it is now almost
perfect. Better mejfthan Dr. James V. May, Messrs. Herbert B
------------------------------s'
sell, and William **....
could not be founl
“ These m am responsible to the State for the expenditure of one
en
third the anr.uf,#-evenue of the State. Incredible as it may seem the
controller of tbMstate of New York reports that up to the end of 30lo
one-third of rjjr the State revenue in the previous 10 years had been
spent in the Jure of the insane. Last year $8,000,000 was expended
Next year $ijpo0,000 has been asked for, which will be one-fifth of the
whole expenMs of the State.
“ This is#vhat it costs us to care for the insane only. The feeble
m
inded, tJr inmates of the reformatories, and all those in the prisons
who havtMierliaps becom criminal because of some taint in the blood ’
e
cost us Jarly as m
uch again.
“ It !#s becom necessary recently for the State to resort to direct
e
taxatiojFin order to raise enough money to fulfill our obligations to
these Unfortunates. Taxes that had been remitted have been im
posed
again#indeed, $6,000,000 is to be raised this year by this means. ‘ And
all iJtause of the tremendous drain on our financial resources im
posed
by up'sons who are mentally abnormal.
K'he financial side of the question is appalling, but, of course, the
thf live
rrect. Aliy one vvnu iiuagiuuuuu ui uciui c .l uuulcivc vvuai it is
ui
“ We have quite enough insane here in our own country, and the
[urden would he heavy under any circumstances; but what those of us
vho are interested in the subject specially complain of is the fact that
the immigrants are contributing very m
uch m
ore than their proper
proportion of insane to our State hospitals, aud that no radical steps
are being taken to put an end to the practice in Europe of sending
deficient members of the family over to America to earn a livelihood if
possible ; and if not, to become State charges.
“ The question naturally interests New York State more than anv
other. We have frequently a million immigrants a year ; sometimes w
o
have 5,000 a day. Recently one day we had 7,500 and in one w
eek
we had 21,000. About 80 per cent of these people arrive at the port
of New York.
“ Dr. Pollock, the lunacy commission’s statistician, calculates the
length of time the average inmate of an insane asylum spends in the
institution as not less than 11 years. The cost of maintenance during
that time is between $3,000 and $4-,000.
“ Now, the ratio of the foreign-horn population to the native popula
tion in New York State is 30 per cent. If the normality of tho immi
grant averaged up as well as that of the native born, the immigrants
would therefore furnish about 30 per cent of the inmates of our insane
hospitals. As a matter of fact, with the privilege of inspecting them
before they com in and of deporting all who seem undesirable, the num
e
ber of insane among the aliens should really be less than among the
native born. We can not help it if potential lunatics are born in this
country, but we can help admitting them through Ellis Island.
“ But, as a matter of fact, the proportion of foreign-born insane in
our hospitals is very m
uch larger than the proportion of foreign born in
our population. Last year 48 per cent of the insane in our State hos
pitals were of foreign birth. That means that the aliens furnished is
per cent m
ore than their proper proportion, even when that proportion
is most liberally calculated.
n
“ This 18 per cent represents about 1,000 persons; that is, because of
deficient inspection of immigrants 1,000 persons more are admitted to
the New York State insane aslyums than should be admitted, and cal
dilating their average life in the institution as low as 10 years’ and
their support at $3,000, which is conservative, it has cost a total of
$3,000,000. This is going on every year. Every year we get this thou
sand alien insane which we should not get, ana every thousand meina
an average expenditure of over $3,000,000.
“ If you take those of foreign birth and foreign parentage together
in our State asylums, w find the percentage rises as high as 74 Three
e
fourths of all the inmates of the New York State asylums are there
fore lunatics that have come here directly from Europe or who have in
lieritc-d from Europe tho strain of insanity which has brought them to
the asylum.
‘
“ If you take Manhattan alone, the proportion of foreign born__not of
foreign parentage, but of actual foreign horn—in the State Ilosnitoi toi
New York City is 60 per cent.
1
ror
“ Through the failure to enforce the laws prohibiting the Iandin" of
alien insane w can calculate that at least 8,000 lunatics have been
e
cared for by the State of New York, which, calculated at the lowest
ratio, makes over $25,000,000 that the State has expended, a sum w
hich
proper inspection would largely have saved.
‘
“ Som of us are asking this question:
e
“ Why should New York State not he reimbursed by the Nationn
Government for this enormous expenditure, since immigration' is iti
affair and not the State’s ; or why should there not be a United Steles
hospital established for these people? This is the special point I w
ish
to m
ake.
“ The State hoard of alienists has officially no power to deoort im
migrants. They can do it only through the Central Government hot
they have been doing splendid work, and in seven years have rem
oved
through the order of the United States Government over 3 700 nerso’ns
thus saving the State three and a quarter millions dollars.
s’
"
"
~
tate H
e
Jnited
friends. Three hundred and fifty were'returned to other States
in spite of this aettvity the problem remains enormous. In the
hospitals last year the aliens were tabulated according to the length
CONGRESSIONAL RECORD— SENATE.
1912.
4795
power to forbid his deportation. He has refused to deport
cases
which are now in our State hospitals.
&
“ Understand that I am not blaming Secretary Nagel. TWaeport an
Under 1 month_________________________________________________ 14 insane person and separate him from his family would otadh be cruel.
agine„J€he suffering
Between 1 and2 months____________________
24 When a home is established here it is easy to im
33 caused when roots must be pulled up. I have no doubfirtbat in these
Between 3 and5 months________________
Between 0 and 1 1 months_______________________________________ 59 100 eases Secretary Nagel acted from motives of humpjity that would
Under 1 year______________________ 1___________________________
80 have touched all of us, but I do say that inspection Jfiould have been
Under 2 years_________________________________________________ 95 so rigid when these people asked admission to th&i&ountry that they
,4 ^
Under 3 years_______________________________________________
81 would not have got in.
“ These tragic situations ought not to have besjjf" created in the first
Under 4 years_________________________________
123
Under 5 years__________________________________________________ 134 place. They couid easily have been pi'evcntedi^f competent alienists
watched arrivals at Ellis Island and detained pbr examination any im
migrant that seemed to them suspicious.
iiW
Total under G years-------------- ----------- ------------------------------- 643
“ More than that, our State hospitals
now overcrowded to the
“ The total foreign born in our insane asylums amounts now to over extent of 3,000 beds. Taking in a ney^fpatient is a doubly serious
13,000.
matter. Patients have actually been sipping in the corridors of some
“ The National Government assumed charge of immigration in 1882. of the hospitals.
'W r
Since then the States have had nothing whatever to do with the reg
“ I have been talking so far about 0 6 insane who are actually in our
ulations. The Marine Hospital Corps is in charge of the inspection at hospitals. They do not make up 0
entire number of the deficient
Ellis Island.
aliens who come to this conntryMgpiany cases are harmless and are
“ Commissioner William Williams, I should say here, is a man of whom concealed by their friends for f< oka he unfortunates will be deported.
I feel too much can not be said in praise. To my mind he is an ideal
“ This in itself, as long as thepfi dividual is harmless, makes no mat
immigration commissioner. He has stopped many of- the frauds that ter, but the man or woman mjygjparry, probably will marry, and trans
were practiced upon foreigners, lie has seen to it that they were treated mit the had strain to some chit# who in time may become a care on the
in a reasonable and humane manner, and he has done all that lay in his State. Then, too, a great n«r5y insane are discharged from the hos
power, but lie does not control the medical inspection and he can not pitals, which, as' I have sai^Mre much overcrowded, because they show
see to it that the mentally defective are kept out. And the Marine an improvement and can -,w6 permitted to mix with ordinary people
Hospital Corps is greatly hampered by lack of funds.
again. Many of these rjfnrn to the hospital, but in the meanwhile
“ Only trained alienists are capable of detecting symptoms of insanity they, too, may have had:Children perpetuating the mental taint.
“ I have heard it sa.idrthat many immigrants become insane because
they are homesick auj# unhappy. No doubt this helps to make the
trouble acute, but ajgfnoroughly normal man does not become insane
are curable diseases ; but about admitting the insane for whom there is through homesickngfgr If his mind is weak and he is lonely and broods,
no cure, or very little hope of cure, the National Government has not then he may b cc jftfc insane, bat he would not lose his balance unless
e a
exercised the care that might have been expected.
he had that wejipiiess in the brain—in other words, unless be had
“ Please understand that those of us who are interested in this ques always been frojaf childhood a potential lunatic.
tion are not opposed to immigration. We welcome the able-bodied im
“ Dr. Blue, ;' 0 t o has recently been appointed Surgeon General of the
migrants, however poor they may be. We are not _concerned with United States^rwill, we believe, turn his attention to this very serious
_
restrictions as to whether they can read or write. We are concerned problem, andE e hope great tilings from bis administration. There is
jW
only with the danger of admitting to this country men and women -w
ho now legislation pending in Congress which will establish more safe
have mental defects which may appear later in an acute form, or, at guards ahsst admitting alien insane, and will put as inspectors men who
any rate, may he transmitted to their children. We want potential are experienced alienists. We hope very much that at present the
really Mrolerabie state of affairs will be improved before long, for some
lunatics excluded.
.
,
, . .
“ The National Government is entirely responsible for the admission thing. jjm
ust be done, for New York State can hardly bear longer the
of immigrants. If the National Government admits undesirable immi bur(M ’ placed upon it. I wish,” concluded Mr. Brown, “ that you would
B
grants who become State charges because of mental deficiency, why quo#' this resolution from the Chamber of Commerce of the State of
should the State pay for their keep? If New York State were responsi N«r York, which was passed at a meeting on February 1 of this year.”
ble for the inspection at Ellis Island, if it were owing to defects in a JB tlQ passed a paper paper on which was printed a report from the
State system that alien insane got into the country, it would be just , State chamber of commerce. The committee on foreign commerce and
that we should pay the hill, hut why should we pay for the mistakes of • p 'C e u laws, after quoting tlic reports of Commissioner Williams, had
J T Yn e
the Federal Government?
introduced a resolution to this effect:
“ During the Civil War, you -w remember, a number of States helpi
ill
“ Whereas the Federal Statutes exclude the admission to the United
the National Government to raise regiments. When the war was q
jg
States of all aliens ‘ who are found to be and are certified by the
the States claimed payment from the National Government. They iS
fiid examining surgeon as being mentally or physically defective, such
that the Government should regard the assistance given it as a loan. -War mental or physical defect being of a nature which may affect the
was a function of central government, and the expense of war jfftrald, ability of such alien to earn a living ’ ; and
therefore, be paid by it. The Federal Government recognized JBe jus
“ Whereas the commisioner of immigration at this port is without the
to the proper machinery to enable him to detect all alien immigrants who
ti- ■ of this claim, and I can not see that the claim in re;
■
alien insane differs from it in principle.
are mentally or physically defective.; and
“ If supervision of immigration is a national duty, thei
“ Whereas the failure to detect all such aliens results in a heavy
pense incurred through defects in that system should b u
e
burden placed upon the taxpayer: Therefore he it
Federal concern and not a burden put on the shoulders$6f
“ R e s o l v e d . . T h a t the Chamber of Commerce of the State of New York
which had no part whatever in incurring the expense.
urges upon Congress the necessity of making adequate appropriations
“ Of course, there is no way of enforcing this clait fgainst the Gov- in order to enable the Commissioner of Immigration to give the United
ernment. It depends only on a sense of justice. \] think it should States the protection it needs in the exclusion of feeble-minded immi
seem fair to any reasonable person that the Fedora Government should grants by effective enforcement of the provisions of law.”
insane or should
either pay New York State for caring for the a
,”
“ So you see,” said Mr. Brown, “ that many people are, realizing the
build hospitals of its own for their reception.
A
situation, and understand that something really must C done about
o
“ So far in this whole matter of immigration Jr is this country which it before long. We hear a great deal about the increase in insanity in
has had the worst end of it. Transportationpnas been getting easier this country, but really it is not increasing. We are just as normal
and easier in Europe. Once upon a time a jpan had to he hardy and as our ancestors were, What makes an apparent increase is this in
robust if he meant to come to this country. J i t was difficult to get here, flux of insane immigrants annually entering the country, in spite of
and life was not very easy after he arrive*; Now there is no difficulty the Government examination, anti becoming a burden on the New York
whatever in getting a sick person acreisp from even remote parts of State taxpayer.”
Europe. Once in this country it is verjgrQiffieult for mentally defective
immigrants to get back.
J f
,
[Article from New York Herald, Apr. 13, 1912.]
“ Europe is not as kind in these Shatters as we. are. The law of
1903 makes it possible to deport immigrants if they develop insanity U N ABLE TO COPE W I T H B U S H O F A L IE N S , B IG G E ST ON RECORD---- P E R IL TO
C O U N T R Y ---- H E A L T H OF C IT Y AND N A TIO N M ENACED , IT I S A S S E R T E D ,
within a period of three years aftejfPtheir arrival in this country, and if
B Y L A X IN S P E C T IO N -----T H O U SA N D S U N F IT P E R M IT T E D TO E N TE R---- A U it can be shown that the causes at insanity dated back to the time of
■ T H G R IT IE S DECLARE F A C I L IT I E S AT E L L IS IS L A N D ARE INAD EQ U ATE FOR
residence in Europe. If they hpve been here more than three years
H A N D L IN G G REAT HORDE---- MORE B U IL D IN G S NEEDED-----CAN NOT P RO VID E
foreign Governments refuse to Jpike them. Not only that, but the for
Q UARTERS F O R P E R SO N S W H O SH O U LD BE D ETAIN ED P E N D IN G AN I N
eign regulations are so sever</that the steamship companies are very
as passengers. I do not see why we
V E S T IG A T IO N .
careful about accepting the]
regulation on steamship companies as
should not impose the saj
Because of the inadequate facilities for the examination and care of
lore ion Governments do. A
the immigration which is now pouring into this country, and which
, “ The president of the Bbard of State Alienists, Dr. George B. Camp was reported at its highest tide in the history of the port yesterday,
bell, calculates that thejre are now in our State hospitals 2,000 alien thousands of aliens, diseased bath mentally and physically, _are per
insane who want to go Jack to Europe, and whose relatives want them mitted to enter and spread their evil influence widely. At Ellis Island,
fo come back, but thQ can not get into their native countries. The where the immigrants are examined, it is impossible properly to ex
J'
State or friends won}* be willing to pay their -w
ay, but the steamship amine the large number of immigrants now, and as a result a gross
companies will not tafte them because they know they will get in trouble injury is inflicted upon the health of this country.
with the foreign Governments if they do.
For the most part the immigrants come from the unhealthy parts of
If you take thowowest figure for the maintenance of these persons— southern Europe and carry contagious diseases. Many are weak$3,000— and multiply it by 2 ,000 , the number of alien insane who want minded, a condition difficult to detect, especially in children, and they
to go home, you' get $0,000,000. This enormous sum represents the are sent here by their relatives abroad because they can receive better
cost to New Yofk "State for keeping these people who do not want to care in American institutions. A majority of the immigrants get no
be kept, and who have really no claim upon us except the general claim further than this city, and prominent medical authorities here have
that wo can not let a defective person suffer because of his misfortune. often declared that the foreigners are responsible for much of the dis
“ I was talking in this way to a man who had studied the question ease in the tenement quarters.
of immigration a little, and he said: ‘ Yes; we talk a lot about the way
William Williams, Commissioner of Immigration, stationed at Ellis
immigrants pour into this country, but you must remember that half of Island, said yesterday in an interview to the Herald that improvements
them go back.’ Eerhaps half of them do go back, but they are not the were sadly needed. He said it was impossible to care for the flood of
defective half.
immigrants during this season, and that of necessity many aliens were
“ Those that go back are the men and women who have prospered, passed who should he held for detention.
or at least if they are not retiring on what they have earned, they have
C O N D IT IO N S I N A BAD W A Y .
saved enough money to pay tlieir passage. The absolute failures haven t
“ I do not want to be an alarmist,” he said, “ but conditions here
the money for their passage, and if they are mentally defective their
are in a bad w
ay._ We need additional buildings and additional facilities
Governments will not let them in.
Another point, the Department of Commerce and Labor has juris- for handling the increased immigration. As it is, we must rush through
diction over the deportation of alien insane. Secretary Nagel can not with them, and this is hardly fair to the country. There are many cases
Prevent the landing of an insane person in this country, but he has the which should be held until a second and'complete examination could he
of time that had elapsed between their arrival in this country and
their commitment to an insane asylum. The figures ran thus:
L en g th
of
t i m e in U n i t e d
S ta te s.
\
CONGRESSIONAL RECORD— SENATE.
471
A pril 15
m
ade, but w have not the accommodations for them here. It is a seri will be subjected upon their arrival here and fortify themselves for the
e
ous question, and Congress should take cognizance of its importance and ordeal.
They also are acquainted with the fact that in March and April an
make ample provisions.
e
i
“ We have many cases in the spring months, when immigration is unusually large number of immigrants com to the United States am
heavy, that w can handle only with reasonable care. It would require that the examination at that time must necessarily be conducted Tna
e
lax manner. Consequently those who are mentally or physically elefi.
an expenditure of m
ore than a million dollars for the erection of build
ings to properly examine and care for the aliens. I will not say that cient take advantage of the rush season to enter this country. Once
we are obliged to m
ake a superficial examination of immigrants, but w here, they are wfijing to enter a charitable institution, whore they will
e
receive better cardGthan at home. * * *
y
examine them under present conditions only with reasonable care:”
The immigration this month has passed the high-water mark. In
[Editoriai’from New York Herald, Apr. ljVT912.]
April of last year, which was a big month and which tested the capacity
of the department, 83,575 immigrants arrived at Ellis Island. Mf April
ya
TROUBLE AH EAD.
.Jp'
this year the total is expected to be m
ore than 100,000 imm|grants,
We call attention in tUg news columns thisj^wning to the flood of
which will be the record for the department.
immigrants now pouring ftsd the country through the port of New
o
York. They are coming in ratjger numbers than ever before. In March
83,654. a record number for T3kt month, passed inspection. So far iu
have entered r&an for tb? first half of April
last year, which was one of the biggest years of immigration in the April 6,000 moreday, often more. huve.$o be examined by the last year
Some 3,000 a
immigral
history ofhthe department.
tion inspectors. Almost needless t e s t i f y , it is impossible to determine
properly in the time that can be sk®B®-each of them the fitness of any
H E A L T H OF COUNTRY MENACED.
1 v thosedn authority it is said that Ellis Island, as it is conducted such number for entrance. At tlie verjUmost 1,800 can be cared for
5
at this time, is wholly inadequate, and as a result thfi health of the with the quarters and the stall ar the com&^id of the Commissioner of
,~ P
country, an* especially of this city, is m
enaced. Recently the Herald Immigration.
Hence a large number of most undesirable Bosons are being neces
published statistics showing that more than 60 per dent of the occu
v
pants of chaStable institutions and insane asylums in New York were sarily admitted. We pointed out in the Herakr W mths ago, with the
foreign born and likely entered here under the lax system of the im warning that immigratieja would probably be higher'^ymn ever this year
that at the present time nearly two-thirds of the immfgs of the public
migration authorities. An official at Ellis Island yesterday said :
insane asylums of the metropolitan district are of foreign birth. The
“ The immigrants coming to this country, especially from the south
of Europe, are not the dull, ignorant people they arercommonly supposed ratio will be eveu/ftigher after this. Insanity is only one of the un
It may be fairiv
to be. They ar'%- smart and, for the most part, clover in their attempts desirable qualities in such a heterogeneous mass
to dupe the immigration officials. There is so much faking among them taken as an index of what can be confidently expected from our short
that it is often difficult to arrive at the truth, w
r
sighted policy.
,
,
„
,
. . ,
This must stop. We need better immigration laws, but above all
“ We have foirpd that many aged m and .w en who com here
en
om
e
ore inspectors^ to enforce our existingGaws pro^
ostensibly to join?, their sons and daughters ccghe for no other reason we need at once m
than to enter sorife American charitable instijfrtion for the remainder We are laying' up physical, mental, and moral trouble for oWFpft
of their lives. They have no children here, bu#through agents get other
to b la m e?
persons to pose as' their children until they ;J>ass the authorities. We
KIOWA-COM AN CHE AND APACHE LANDS IN OKLAHOMA.
naturally pass them on, as we have no m
-,
effjfts to detain them until a
proper investigation-is made.”
Jjp
Mr. OWEN. I ask unanimous consent for tlie present consid
The same condition?,is said to exist in th£f examination of persons Jbr
tuberculosis and like diseases. Also it b been found impossible ?to eration of the bill (H. It. 19S63) authorizing the Secretary 0f
ias
properly examine children who are believed to be slightly demented. the Interior to subdivide and extend the deferred payments of
One official said yesterday that many w^ak-minded children are passed settlers in the Kiowa-Comanclie and Apache ceded lands in Okla
by the authorities in the rush months offimmigration because they have homa.
no time to make a complete examinatiqfi.
C A P & A R E FOR
1 0 AT
,$ >
NIG H T.
Commissioner Williams-said yesterday that they can care for daly
1,800 persons at night ati Ellis Island. When almost twice that njjmber arrives, as is the cas& this radiith, the authorities are obligedgjto
i
rush them through. Aliens who naturally would be detained untft a
complete examination couldfebe itt& e are permitted to enter this <ffty.
d
Commissioner Williams blaims the state of affairs upon Congress Ifbr
refusing to make appropriations for suitable quarters and facilitiesrto
maintain an efficient standard, of inspection.
“ We are up against it liero|| said Commissioner Williams, “ but Ihe
strictest sort of an investigation will prove that we are doing the very
best we can in the circumstsfaaes. We handle every immigrant with
reasonable care, but when they sour in on us as they have in the last
few weeks, of course the pMSicfijns have to hurry through with thejr
inspection.
“ No one is m
ore interested tB$p I in making a thorough examina
tion of immigrants. But What are we going to do? Already we have
had complaints about putting 1 h
<v;aliens in three-tier cots, the only
manner in which we are able to .c®p for 1,800 each night. Last year
749,642 aliens arrived af this port;' and of that number 14,500 w e t e
deported for various reasons. Thn'-'steamship agents abroad are re
sponsible in a large measure for accepting as passengers persons who
are totally unfit to lam here.
p
By unanimous consent, the Senate, as in Committee of the
Whole, proceeded to consider the bill.
Mr. CURTIS. I ask the Senator, does the bill do anything
else than to relieve the farmers who purchased down in that
section where they have had crop failures for the last three or
four years?
Mr. OWEN. That is all.
Mr. CURTIS. It does not include any town sites?
Mr. OWEN. It does not.
Mr. CURTIS. Of any kind?
Mr. OWEN. It does not.
The bill was reported to the Senate without amendment, or
dered to a third reading, read the third time, and passed.
DONATION OF FIELDPIECES TO JACKSON, MISS.
Mr. WILLIAMS. I ask unanimous consent for the present
consideration of th e b ill ( H . R . 9 4 2 0 ) a u th o r iz in g the Secretary
of W'ar to donate to the city of Jackson, Miss., carriage and can
non or fieldpieces.
Mr. SMOOT. I should like to ask if the Senator from Okla
WOULD INCREASE T H E FIN E.
“ In 1911 the steamship companies w
cSe fined $14,000 for bringing in homa [Mr. O w e n ] intends to go on with his speech this after
I would
passengers mentally affected or with Contagious diseases.
favor increasing the.,fine from $100 to $200 as one means of preventing
the rush of foreign’ imbeciles and unhealthy subjects. It means in
creased taxation tM’care for this great nSibber of mentally and physi
cally incapacitated! persons. I understanijvthat New York pays m
ore
than $8,000,000 annually to care for the indigent insane, and of thj^
number at leastj$wo-thirds are foreign bom. These figures show tnd
advisability of C-ongross spending one-eighthAof that amount for ade
quate facilities ||o make proper examinationvpf aliens coming to this
port.
jp
“ Our hospittd department is totally inadequate for a proper execution
mitories a t e in bad condition, and the responsibility £|r the continual
of these Conditions must rest with Congress.
“ The .■C plaint that there are many feeble-minded'^lien children]
om
the public schools of New York, who have passed Elite Island, is
to theylack of time and facilities for a thorough examination as
menial condition. It is true that this element of feeble-minded pers
form* a large part of the inmates of the Elmira Reformatory and (
tributes largely to the criminal class. But we make everjveffort to
elude them Greater effort should be exercised, I know, to preven
.
landing of feeble-minded immigrants. But we can not do that wi
additional facilities. It is a physical impossibility.”
noon ?
The VICE PRESIDENT. The Senator from Oklahoma has
concluded his speech, as the Chair understands.
Mr. OWEN. I have concluded my remarks, which were very
brief. I simply wished to put upon record some facts in regard
to the coal and asphalt lands in the Choctaw and Chickasaw
country.
Mr. SMOOT. I shall not object to this bill being taken up
but after it is disposed of I shall ask that the calendar be taken
up under Rule VIII, unless some other business is desired to be
attended to.
The VICE PRESIDENT. The Secretary will read the bill
called up by the Senator from Mississippi.
The Secretary read the bill, and, by unanimous consent, the
Senate, as in Committee of the Whole, proceeded to its con
sideration.
The bill was reported to the Senate without amendment
ordered to a third reading, read the third time, and passed.
SOUTHERN JUDICIAL DISTRICT OF TEXAS.
Mr. CULBERSON. I ask unanimous consent for the present
consideration of a local court bill. It is the bill (II. R. 140S3)
to create a new division of the southern judicial district of
CAUSE FOR ALARM .
Texas, and to provide for terms of court at Corpus Christi
That there is cause for alarm from the big influx of immigration^-,.. Tex., and for a clerk for said court, and for other purposes.
flowing into this country without proper inspection is admitted by ejferyBy unanimous consent, the Senate, as in Committee of the
one familiar with the circumstances. From the plague-ridden disiaicts
of eastern and southern Europe thousands of immigrants are copping Whole, proceeded to consider the bill, which had been reported
here every week. There is no question that m
any, of them are suffering from the Committee on the Judiciary with an amendment, to
with diseases characteristic of their country and not a few are in the
strike out sections 3 and 4, as follow s:
early stages of consumption.
One steamship agent who canvasses abroad for passengers declared
that he had found that young aliens com to this country for their
e
health. They are made familiar with the examination to which they
S ec. 3. That all civil process issued against persons resident in the
said counties of Bee, Live Oak, Aransas, San Patricio, Nueces T
i-n
Wells, Duval, Brooks, and Willacy, and cognizable before the United
1912.
CONGRESSIONAL RECORD— SENATE.
Stntes courts, shall be made returnable to the court, respectively, to
be held at the city of Corpus Christi, and all prosecutions for offenses
committed in any of said counties shall be tried in the said district
court at the city of Corpus Christi : P r o v i d e d , That no process issued
or prosecution commenced or suit instituted before the passage of (his
act shall be in anv way affected bv the provisions hereof.
Sec. 4 That the clerk of the “district court of said division shall
maintain an office, in charge of himself or a deputy, at the said city of
Corpus Christi, which shall be kept open at all times for the transac
tion of the business of said division.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The amendment was ordered to be engrossed and the bill to
be read a third time.
The bill was read the third time and passed.
it up pretty soon we are not going to reach a vote upon
this session.
Mr. HA CON. The Senator is not anticipating, certainly
adjournment o f Congress in the very near future.
Mr. SUTHERLAND. No; but I think we had bettei;
some headway with it.
Mr. BACON. I do not object at all to the notice the
has given of his desire to speak, but I hope the bill
taken up regularly to-morrow.
COTTON GINN EES’ STATISTICS.
Mr. SMITH o f South Carolina. I ask unanimo 'consent for
the present consideration of the joint resolution
J. Res. 62)
relating to cotton statistics.
There being no objection, the Senate, as in C
S
Sammittee of the
____SERVICE.
Whole, proceeded to consider the joint resobij
[tion which had
Mr. SIIIVELY. At his reques
■'tbe | been reported from the Committee on Age Mture and Por
senior Senator from Maryland [Mr. R a y n e b ] that he be re estry, with an amendment, to strike out all
ter the resolving
lieved from further service upon the Committee on the Geo clause and to insert^;
logical Survey.
That the Director of’%he Census be, and be
ereby, authorized and
The VICE PRESIDENT. Without objection, the request is directed to collect and fonblish, in connectior
th the ginners’ report
of cotton production presided for in section)
of an act of Congress
granted.
entitled “An act to provffie for a permane;
lensus Office,” approved
Mr. SIIIVELY. I tender the following resolution.
March 6 , 1002, statistics <%, the number o fj ’os of cotton consumed in
The resolution was read, considered by unanimous consent, manufacturing establish me
of every o]$ frripr the number of bales
fjjS
owned by such manufaetur
establishment, and the number of hales
and agreed t4 as follow s:
R e s o l v e d , Th.l Senator G eorge E. C h a m b e r l a in is hereby/appointed
a member of the [Committee on the Geological Survey and chairman of
said committee.
3LIC BUILDING AT ROSEBURG, OREG.
A
Mr. BOURNE.l I ask unanimous consent to ca# up the bill
(S. 6110) to prot le for the erection of a publiejbuilding on a
site already acquit jd at Roseburg, Oreg.
There being no Ejection, the Senate, as in Committee o f the
Whole, proceeded t(* ^consider the bill, which &rul been reported
from the Committee%m Public Buildings and 'Grounds with an
amendment, in line St before the word “ Jtamsand,” to strike
out “ fifty ” and inse% “ twenty-five,” s o ^ s to make the bill
read :
B e i t e n a c t e d , e t c . , That
he Secretary of J io Treasury he, and he is
fV
hereby, authorized and dire' d to enter intfF contracts for the construction of a suitable buildin .
post ofFiccJtm other Government purd
poses upon the site already
juired in tBe city of Roseburg, Oreg., at
a total limit of cost for said
ilding, including mechanical equipment,
heating, ventilating, etc., of $ “ , 000 .
The amendment was agree
The bill was reported to
Senate as amended, and the
amendment was concurred in.
The hill was ordered to be es tossed for a third reading, read
the third time, and passed.
HOUR OF MJ
Mr. SUTHERLAND. I ove tlu
to-day it he to meet to-majPi’ow at 1
The motion was agreeylo.
N TU ESD AY.
when the Senate adjourns
o’clock meridian.
EM PLOYERS’ L IA B IL IT Y AN D W O R K M E N ’S COMPENSATION
Mr. SUTHERLAND^ I desire to giv%notice thaf to-morrow,
utiue business, I will
immediately after thorconclusion of the
ation of Senate bill
ask the Senate to pjbceed to the const
5382.
/
Mr. BACON. I tfrsire to inquire of th^Senator from Utah
what is the bill wi/h respect to which he h% given notice?
Mr. SUTHERLAND. It is the compensat%i bill.
Mr. BACON,
want to say that my coll A gue, who is very
much interested * that measure, will be necessarily absent from
o
file Senate for T days, and I hope it will n(%be taken up in
liis absence.
Mr. SUTHE JLAND. I will say to the Sen;%or that there
will be no vo
taken upon it, but I want to p i^ e e d with its
consideration. I desire myself to submit some remarks upon it.
Mr. BACO
—
Of course I would not interpose « y objection
to the S en a te’s being heard at any time he wish®, but from
what the S(Jiator heard my colleague say this afrapoon —he
has left tlu^fSeuate Chamber for the purpose o f nialqbg an ad
dress, and /b a t is the reason I am making this representation
m his behalf—it is obvious that he desires to take pa%t in the
discussionjwhich will ensue, and that he not simply desists to be
here when the vote is taken. While, o f course, I cT
Would nqjE make any objection to the Senator’s giving n
<
ms inteiwion to speak, I do think, under the circumstance:
the nothEe that he proposes to call up the bill for con side:
could, without any great injury to the public service, be
Poned fo r two days.
Mr. SUTHERLAND. I gave notice more than a week
that I would ask to have the bill considered last Monday,\a
f
Week ago to-day, and at the request of Senators I have post
poned it from day to day, and I am afraid that unless wo take
exported. The statistics s
he coUecfM'and published in the same
manner and under the same r
and regulations as the ginners’ reports
are collected and published,
pt thatf/tho statistics herein provided
for Shall be collected and p
i ,shed ninthly, and during the months
when the Census Bureau pub hes esfnners’ reports. The statistics
herein provided for shall h pub! lej/gt the same time and in the same
e
manner that the m onthly ginners’
jrt is published.
Se c . 2. That the D irector o f th
f>nsus shall furnish to the Bureau
o f Statistics o f the Department o f 1 riculture, immediately prior to the
publication o f each report o f thj$ jureau regarding the cotton crop,
the statistics hereinbefore mentiajpil and the said Department of Agriculture shall publish the same J# c "jnection with each of its reports
concerning cotton.
9?
8
Sec. 3. That the joint resoIaj|8> ap- roved February 5, 1005, also the
n
joint resolution approved M
arraT 2, 19* and nil other laws and parts
of laws inconsistent with th$jf>qirovisiol of this resolution are hereby
repealed.
Mr. SMOOT. I should like to a^§. the Senator if this is a
unanimous report from # e committed!?
Mr. SMITH of Soinft 'Carolina. Itvjs, and the joint resolu
tion is also indorsed by the departments'.-.
Mr. SMOOT. I sotfjno published report with the joint reso
lution, and I desirjjF to ask whether E& department agrees
e
with it.
Mr. SMITH of Sfffith Carolina. It has Indorsed it.
Mr. SMOOT. XliVn I have no objectioilAto the joint resolu
tion.
The VICE P R ^ ID E N T . The question bsjpn agreeing to the
amendment whiefjThas been stated.
The amendment was agreed to.
The joint resolution was reported to the Sell te as amended,
and the amen<J|8ent was concurred, in.
The joint iwolution was ordered to be engrof!
third
reading, readJthe third time, and passed.
The title |§fcs amended so as to read: “ Joint
olution au
thorizing awl directing the Director o f the
to collect
and publisWcotton-ginners’ statistics.”
& F IS H CULTURAL STATION IN GEORGIA
N. I ask unanimous consent for the pr&ent eonMr. BJ
sideratio )f the bill (S. 4645) to establish a fish-hatc%ing and
fish-cult il station for the hatching and propagation^f shad
ar the seaeoast, in the State o f Georgia,
upon or
eing no objection, the Senate, as in CommitteeTher
Wholes troceeded to consider the bill which had been re
Committee on Fisheries, with an amendment,
from
the w$rd “ Labor,” in line 9, on page 1, to insert: “ Prov
That before any final steps shall have been taken for the
strucjpn of a fish-cultural station in accordance with this tj
the State of Georgia, through appropriate legislative acti
shalEpccord to the United States Commissioner o f Fisheri
and lias duly authorized agents the right to conduct fish hatch
ing And all operations connected therewith in any manner and
at any time that may by them be considered necessary and
proper, any fishery laws o f the State to the contrary notwith
standing: And provided further, That the operations of said
butchery may be suspended by the Secretary o f Commerce and
Ljjsbor whenever, in his judgment, the laws and regulations
affecting the fishes cultivated are allowed to remain so inade
quate as to impair the efficiency of said hatchery.”
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
CONGRESSIONAL RECORD— SENATE.
4798
ESTATE OF W ILLIA M H . ABBOTT AND OTHERS.
Mr. OLIVER. I ask unanimous consent to call up for present
consideration the bill (S. 4254) for the relief of the estate of
William II. Abbott and others.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill. It proposes to pay to
the personal or legal representatives of the following estates,
which paid taxes in the Pennsylvania internal-revenue districts,
namely, estates of William H. Abbott, George E. Bent, Myra
Baker, Matilda Ann Cullen, Henry O. Hurlburt, William Kedward, Edward Lewis, Mary McGuckian, Andrew II. Miller,
Cordelia Morris, Lucy II. Shober, Charles L. Warner, Henry
Wlielen, Eliza D. Klein, John E. Watt, Albert C. L. Hofmeister,
and James Morton, such sums of money as have been in any
manner collected from those estates as internal-revenue taxes
paid on legacies and distributive shares of personal property to
the United States under the war-revenue act of June 13, 1898.
The bill was reported to the Senate without amendment,
ordered to be engrossed for a third reading, read the third time,
and passed.
W ITH D RAW ALS OF PUBLIC LANDS.
Mr. SMOOT. I ask unanimous consent for the present con
sideration of the bill (S. 5G79) to amend section 2 of an act to
authorize the President of the United States to make with
drawals of public lands in certain cases, approved June 25, 1910.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill which had been reported
from the Committee on Public Lands with amendments, on page
2, line 1, after the words “ apply to,” to strike out “ metallifer
ous minerals ” and insert “ minerals other than coal, oil, gas,
phosphates, potash, and nitrates ” ; and on page 3, line 1 , before
the word “ additions,” to insert “ any,” so as to read:
A pril 15
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill, which had been reported
from the Committee on Military Affairs with amendments, ju
line 6, after the word “ Volunteer,” to strike out “ In fan try »
and insert “ C a v a lry ” ; in line 9, after the word “ September,”
to strike out “ twentieth ” and insert “ fourteenth ” ; and in
line 10, after the word “ sixty-five,” to insert "Provided, That
no pension shall accrue prior to the passagejff this act,” so as
to make the bill read:
/
Be
it
enacted, etc.,
Tliat m ^the administration of the Jaws relating to
pensions and to admission to the National Hoafe for Disabled VninHU'”
Soldiers, John Gray, late of Company D, Firft Regiment Colorado V«i1
’
n n s iflc r p r l t n
v
unteer Cavalry, shall hereafter be held
R considered to have” ,k„;honorably discharged from the military f ice'^of the^ United States
a m ber of said company and regim
em
enfefbn September 14, 1865- p—
v i d e d , That no pension shall accrue priojrto the passage of this act * ‘ °
The amendments were agreed ti
The bill was reported to tlx Senate as amended, and the
amendments were concurred iu
The bill was ordered to be Engrossed for a third readin head
the third time, and passed.,/
The title was amended ,fo as to read: “ A bill for the rehw
of John Gray.”
INTERNATIONAL CONFERENCE ON H IG H COST OF LIVING.
Mr. CRAWFORD.At ask unanimous consent for the con
sideration of the bi!J (S. 5735) to'enable the President to i,ro~
pose and invite fojjSgn Governments to participate in an inter'
national conference to promote an international inquiry into the
causes of the M pi cost of living throughout the world and t
enable the Unjpa States to participate in said conference °
There beinjgfno objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill.
The bill /w as reported to the Senate without amendment
S ec . 2. That all lands withdrawn under the provisions of this act ordered to/be engrossed for a third reading, read the third t i,A
shall at all times h open to exploration, discovery, occupation, and and pass
e
purchase under the mining laws of the United States, so far as the
PUBLIC BUILDING AT CHARLES TOW N, W . VA.
same apply to minerals other than coal, oil, gas, phosphates, potash,
and nitrates : P r o v i d e d , That the rights of any person who, at the date
Me^WATSON. I ask unanimous consent that the Senate pro
of any order of withdrawal heretofore or hereafter m
ade, is a hona
tide occupant or claimant of oil or gas bearing lands and who, at such cee^Ro the consideration of the bill (S. 5814) to provide for the
date, is in the diligent prosecution of work leading to the discovery of erection of a public building at Charles Town, W. Va.
oil or gas. shall not be affected or impaired by such order so long as
Jt'bere being no objection, the Senate, as in Committee of
such occupant or claimant shall continue in diligent prosecution of said
K
Lu e
work: p r o v iid e d fu r tn e r , That this act shall not he construed as a rec Whole, proceeded to consider - theK bill, . .which _ „ _ _ 1_______ reportei
fu n h
xnat tms
snan
oe
_
__ ____
P rov d
__ A -----J K „ i l l . K 1
had been
ognitlon, abridgment, or enlargement of any asserted rights or claims |/#2 ” A A C n m m itio o nn P u b lic R nildintrs nnfl flm n T /L .
initiated upon any oil or sns hearing lands after any withdrawal of f # rom tbe Committee on Public Buildings an d Grounds with n!
anv withdrawal o # rom tlle
Oil HUMIC DUllCUngS and GlOUlldS With
such la n d s made prior to June 2 5 , 1 9 1 0 : A n d p r o v i d e d f u r t h e r , That# a m e n d m e n t , i n l i n e 1 0 , b e f o r e t h e w o r d “ t h o u s a n d ” to
............
- •
•
- wi and
there shall he excepted from the force and effect of any withdraw
out “ seventy-five ” and insert " one hundred „ nrl five,” „ # as to
so trike
made under the provisions of this act all lands which are, on the d
a;£e make the bill read:
of such withdrawal, embraced in any lawful homestead or desert-land
entry theretofore m
ade, or upon which any valid settlement has J en
sg
B e i t e n a c t e d , e t c ., That the Secretary of the Treasury he, and h
e
made and is at said date being maintained and perfected pursuapf to is hereby, authorized and directed to acquire, by purchase, condem
na
law: but the terms of this proviso shall not continue to apply Mfany tion, or otherwise, a site and cause to be erected thereon a suitable
particular tract of land unless the entryman -or settler shall continue building, including fireproof vaults and heating and ventilating apna
to comply with the law under which the entry or settlement wajfmade : ratus, for the use and accommodation of the United States post office
A n d p r o v i d e d fu r t h e r , That hereafter no forest reserve shall btiSereated,
in the town of Charles Town, W. Va., the cost of the same not to ex
nor shall any additions he m
ade to one heretofore created, wthin the ceed $105,000.
limits of the States of Oregon, Washington, Idaho, MontanaA'Colorado,
Mr. SMOOT. I did not understand the amendment.
or Wyoming, except by act of Congress.
The amendment was agreed to.
W
The bill was reported to the Senate as amem
iihJCd, and the
amendments were concurred in.
The bill was ordered to be engrossed for
third reading
read the third time, and passed.
#
CUSTOMHOUSE AT W ILM INGTON, S£ C.
Mr. OVERMAN. I ask for the present consideration of the
bill (S. 4G04) to increase the limit for pm^hase of site and the
erection of a customhouse at Wilmington,#^. C.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill, Which had been reported
from the Committee on Public Buildings and Grounds with an
amendment, on page 1 , line G after The words “ increased to,”
,
to strike out “ five hundred ” ami insert “ six hundred and
fifty,” so as to make the bill read-:
B e i t e n a c t e d , e t c ., That the iimiUof cost of the purchase of a site
and the erection of a customhouse and appraisers’ stores at Wilmington,
N. C., heretofore fixed at $300,000, he, and the same is hereby, increased
to $050,000, and the Secretary of the Treasury is hereby authorized and
directed to enter into contract fat the completion of said building upon
the site now owned by the Government in the city of Wilmington
within the said limit of cost.: The Secretary of the Treasury is also
directed to provide, in the construction of said building, suitable rooms
for the United States court and the Army engineers’ office.
The amendment was Agreed to.
The bill was reposed to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, an«r passed.
JOHN GRAY.
Mr. WARREN. I should like to call up, by unanimous con
sent, the bill (;S. 2903) providing for the military status of John
Gray.
The VICE PRESIDENT. The Secretary will again state the
amendment.
The Secretary again stated the amendment.
Mr. SMOOT. That is an increase reported by the committee’
Mr. WATSON. It is recommended by the department.
Tbe VICE PRESIDENT.
And is reported by tlie committee.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
N A V Y MEMORIAL IN VICKSBURG NATIONAL PARK.
Mr. WILLIAMS. I wish to ask for the present consideration
of the bill (S. 5991) to authorize the War Department to use
the unexpended balance of appropriations heretofore made by
Congress for the construction of a Navy memorial in the Vicks
burg National Military Park, and for other purposes.
Mr. LODGE. I object.
The VICE PRESIDENT. Objection is made.
Mr. WILLIAMS. I think the Senator from Massachusetts
misunderstands the bill. He perhaps thinks it is the bill which
was up before, to which the Senator from Idaho [Mr. H eyburn]
objected. This is a bill to appropriate an unexpended balance
of five thousand and some hundred dollars to complete a Fed
eral naval monument in the Vicksburg National Military Park—
a totally different bill. The money has already been appro
priated, and now tbe War Department has asked, and the Vicks
burg National Park Commission has asked, that this amount
hitherto unexpended be used to put some ornaments around the
pedestal.
Mr. LODGE. I withdraw the objection.
Tbe VICE PRESIDENT. The Chair hears no objection.
district in which such service is made, and not less than 20 days
before the time of such, hearing. The return of service shall be made
by the United States marshal directed by the judge issuing the same
as aforesaid, and upon and after the date mentioned, in such notice,
when the same has been served as above prescribed, the alleged offender
shall be assumed to be arrested and present in court at the place desig
nated in said summons, and may be proceeded against, and all orders
and judgments against it may be enforced with the same force and
effect as if such offender had appeared personally or by attorney.
M
The bill was reported to the Senate without amendment, .or
dered to be engrossed for a third reading, read the third ^me,
and passed.
S *
delegates for or against any candidate for the Presidency, and
so forth.
The VICE P R E S I D E u b j e ^ ^ ^K^TGe present
consideration of the resolution?
Mr. SMOOT. Mr. President, .D b^evetnfit^^solution will re
quire some little discussity»F'f[nd I ask the Senator .to let it go
over until more Sefta*tfire are present that at this time*
Mr. BRISTOW: Of, course, if the Senator objects, T shall
have to letr;f£ go over.
The TICE PRESIDENT. The resolufton W ill go _over.
EXPERIMENTAL STATION NEAR MANDAN, N. DAK.
FISH-CULTURAL STATION IN OKLAHOMA.
£
Mr. GIIONNA. I ask unanimous consent for the present con
Mr. OWEN. I ask unanimous consent for the present con
sideration of the bill (S. 222) to establish an agricultural plant, sideration of the bill (S. 457) to establish a fish-cultural station
shrub, and tree'experimental station at or near the city- o f Man- in the State of Oklahoma.
dan, west of the Missouri River, in the State of NortJjT Dakota.
There being no objection, the Senate, as in Committee of the
There being no objection, the Senate, as in Comnffttee o f the Whole, proceeded to consider the bill, which had beep reported
Whole, proceeded to consider the bill, which had been reported from the Committee on Fisheries with an amendment, on page
from the Committee on Agriculture and Forestry wfth an amend 1, line 9, after the word “ equipment,” to insert:
ment, on page l ,1 line 4, after the word “ shrub^ to strike out
P r o v i d e d , That before any final steps shall have been taken for the
“ and tree ” and Insert “ fruit and ornamental free, berry, and construction of a fish-cultural station in accordance with this bill, the
lands,” to State of Oklahoma, through appropriate legislative action, shall ac
vegetable ” ; and f$n page 2, line 2, before the Word
cord to the United
Commissioner of Fisheries
his duly
as to make the authorized agents the States to conduct fish hatching and andoperations
strike out ; prairife ” and insert “ semiarid,’:
right
all
bill read:
connected therewith in any manner and at any time that may by them
B e i t e n a c t e d , e t c .,*That for the purpose of establishing an agricul
tural plant, shrub, fri»t and ornamental tree, be$ry, and vegetable ex
perimental station at r near the city of Mandaff, west of the Missouri
ife
River, in the State of N th Dakota; for the purchase of a suitable site
fei
and necessary farming h|nd, to be selected by she Secretary of Agricul
ture ; for the erection
buildings and other improvements to adapt
such site to the purpose fef making it an experimental farm to demon
strate the kind and character of plants, shrjSbs, and trees best adapted
to the climate and soil of \he semiarid lands of the United States, and
for the purchase of necessate stock and machinery, the sum of $10 0 ,000,
or so much thereof as maj\be n e c e s s a r y a n d the same is hereby,
appropriated.
The amendments were \greed to.Jj>
the Sfiaate as amended, and the
The bill was reported
amendment was concurred
•
M
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
The title was amended so a| $b read: “ A bill to establish an
agricultural plant, shrub, frui&fend ornamental tree, berry, and
vegetable experimental statioiij^t or near the city o f Mandan,
west of the Missouri River, in j^ e State of North Dakota.”
be considered necessary and proper, any fishery law of the State to the
’s
contrary notwithstanding: A n d p r o v i d e d f u r t h e r , That the operations
of said hatchery may he suspended by the Secretary of Commerce and
Labor whenever, in his judgment, the laws and regulations affecting the
fishes cultivated are allowed to remain so inadequate as to impair the
efficiency of said hatchery.
So as to make tbe bill read :
JSc i t e n a c t e d , e t c . , That the Secretary of Commerce and Labor be,
and he is hereby, authorized and directed to establish a fish-cultural
station in the State of Oklahoma, at a suitable place to bo selected by
him, and for said purpose the sum of $25,000, or so much thereof as
may be necessary, is hereby appropriated for the purchase of site, con
struction of buildings and ponds, and equipment: P r o v i d e d , That before
any final steps shall have been taken, etc.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
.
IN SOUTH DAKOTA.
Mr. CRAWFORD. Mr. President-----FISH-CULTURAL STATION W T^IE STATE OF WASHINGTON.
Mr. BRANDEGEE. I move that tlie Senate proceed to the
Mr. JONES. I ask unanfciou^ consent for the present con consideration of executive business; but pending that motion,
sideration of the bill (S. 4f50) Reestablish a fish-cultural sta I will yield to the Senator from South Dakota, if I may.
Mr. CRAWFORD. I ask unanimous consent for the present
tion in the State of Washington. %
There being no objections the Sei^ite, as in Committee o f the consideration of the bill (S. 365) to establish a fish-hatching
Whole, proceeded to consider the bill, which had been reported and fish-culture station at a point in the eastern portion of the
State of Soilfh Dakota to be selected by the Secretary of Com
from the Committee on Fisheries wifla amendments.
(( The first amendment was. on pageBl, line 5, after the word merce and Labor.
There being b o objection, the Senate, as in Committee of the
‘ River,” to insert “ or
tributaries
in line G after the word
,
‘‘ or,” to insert “ o n ” i?and in the saSjuie line, after the word Whole, proceeded to consider the bill, which had been reported
from the Committee on Fisheries with an amendment on page
“ Lake,” to insert “ Qnfniault,” so as to%ead:
That the Secretary of,Commerce and L b
a rife, he, and he is hereby, au 2, line 3, after the %ord “ selected,” to insert:
thorized and directed t # ’establish a fish-cultural station in the State of
Washington on the Quiifiault River or its tributaries or on Lake Quiniault, and for said purpose the sum of $25,00% or so much thereof as
may he necessary, is hereby appropriated for t& purchase of site, con
struction of buildingsfjmd ponds, and equipmen
The amendment was agreed to.
The next amendment was, on page 1 , afterfline 9, to insert:
P r o v i d e d , That before any final steps shall ha' h been taken for the
construction of a fiph-cultural station in accordant witlithis act, the
fetate of Washington, through appropriate legislative action, shall ac
cord to the United States Commissioner of Fisheries and his duly au
thorized agents the right to conduct fish hatching &nd all operations
connected therewith in any manner and at any time Shat may by them
h considered necessary and proper, any fishery laws czfcthe Stateto’ the
e
contrary notwithstanding: A n d p r o v i d e d f u r t h e r , That fehe operations of
aaul hatchery may be suspended by the Secretary oftCommerce and
Labor w
henever,* in his judgment, the laws and regulatitms affecting the
fishes cultivated are allowed to remain so inadequate aSfcto impair the
ethciency of said hatchery.
The amendment was agreed to.
The bill was reported to tlie Senate as amende^ and the
amendments were concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
POLITICAL ACTIVITY OF POSTAL OFFICIALS.
Mr. BRANDEGEE obtained the floor.
\
Mr. BRISTOW. Mr. President-----Mr. BItANDEGEE. I was about to move an executive-ses
sion, but I yield to the Senator from Kansas.
Mr. BRISTOW. I ask unanimous consent for the present
consideration of Senate resolution 242, directing the Committee
on Post Offices and Post Roads to inquire into and report to
the Senate whether post-office inspectors are being sent throughthe country to influence postmasters to aid in the election of
P r o v i d e d , That befork any final steps shall have been taken for the
construction of a fish-cuteural station in accordance with this bill, the
State of South Dakota, \hrough appropriate legislative action, shall
accord to the United States Commissioner of Fisheries and his duly
authorized agents the righrtffo conduct fish hatching and all operation's
connected therewith in any %anner and at any time that may by them
be considered necessary and p fip er, any fishery law of the State to the
T p
fs
contrary notwithstanding: A m t ^ r o v i d e d f u r t h e r , That the operations of
said hatchery may be suspended by the Secretary of Commerce and
Labor whenever in his judgment^he laws and regulations affecting the
fishes cultivated are allow-ed to rdtoain so inadequate as to impair the
efficiency of said hatchery.
Vl -
So as to make tbe bill read :
A
B e i t e n a c t e d , e t c . , That the Secrdw ry of Commerce and Labor is
iiish
hereby authorized and directed to esta_,__ - a fish-hatchery and fish. .
culture station at a suitable place in tli%eastern part of the State of
South Dakota within the valley of the Siofe River, the particular loca
tion to be selected by the Secretary of Commerce and Labor. The sum
of $25,000, or so much thereof as may be l&eessary^is hereby appro
the United States not
priated, out of any money in the Treasury
otherwise appropriated, for the purchase of sli construction of buildso selected : P r o ings and ponds, and equipment thereof, at the
ta k e n , etc.
v i d e d , That before any final steps shall have
Tbe amendment was agreed to.
Tbe bill was reported to tbe Senate as al jinded, and tbe
amendment was concurred in.
Tbe bill was ordered to be engrossed for a thirdteeading, read
tbe third time, and passed.
MESSAGE FROM THE
HOUSE.
A message from tbe House of Representatives, by J. CteSouth,
its Chief Clerk, announced that tbe House bad passed%. bill
(H. R. 23246) appropriating $300,000 for tbe purpose of nteintaining and protecting against tbe impending flood tbe levWs
on tbe Mississippi River and rivers tributary"thereto, in whicl
it requested tbe concurrence o f the Senate.
CONGRESSIONAL RECORD— SENATE.
4802
HOUSE BILL REFERRED.
IT. R. 23246. A bill appropriating $300,000 for tlie purpose of
maintaining and protecting against the impending flood the
levees on the Mississippi River and rivers tributary thereto
was read twice by its title and referred to the Committee on
Commerce.
„
PRESIDENTIAL APPROVAL.
A message from the President of the United States, by Mr.
Latta, executive clerk, announced that the President had on
tlie 13th instant approved and signed the following a ct:
S. 3475. An act extending the time of payment to certain
homesteaders on the Cheyenne River Indian Reservation, in the
State of South Dakota, and on the Standing Rock Indian Reser
vation, in the States of South Dakota and North Dakota.
MISSISSIPPI RIVER FLOODS (H . DOC. NO. 6 8 8 ) .
The VICE PRESIDENT laid before the Senate the following
message from the President of the United States, which was
read, referred to the Committee on Commerce, and ordered to
be printed:
To the Senate and House of Representatives:
I transmit herewith communication from the Secretary of
War, in which he sets out the necessity for an additional appro
priation to meet the expenses which have been incurred and
are likely to be incurred by the War Department in meeting
the emergency of the present floods upon the Mississippi River
and its tributaries.
The estimates include an estimate of $300,000 from the Chief
of Engineers, in addition to the $350,000 already appropriated,
to be used for the same purpose as the original appropriation
in protecting levees against impending floods. It applies to the
tributaries of the Mississippi as well as the main river, but does
not include any estimate for damages already caused in districts
where the crest of the flood has passed.
The Quartermaster General estimates that an expenditure of
$275,000 will be required to cover tlie expenses which he is
incurring, and will be obliged to incur, in furnishing shelter,
forage for cattle and horses, transportation, etc.
The Commissary General estimates that he will require the
sum of $212,879.11 to cover the expense of the rations which
he is supplying, and will be obliged to supply, to the thousands
of destitute persons in the flood regions.
The crest of the flood is now reaching the lower portion of
the Mississippi where the country is flatter, and where the
danger to the levees is at least as great as above, and wheri
the damage and loss to persons and property, if crevassj
occur, will be far greater than on the upper river, necessitating
even a greater amount of relief work than that already incurred.
These estimates have been carefully made, and are bas^f on
communications from officers of the Army now upon the gfbund
superintending the relief and engineering work.
I respectfully urge upon Congress the importance of Jheeting
this great emergency. The estimates, copies of which ajjfc trans
mitted herewith, have been sent regularly to the Se$fetary of
the Treasury to be submitted in Congress.
W it#II. T aft .
T he W hite H ouse, April 15, 1912.
EXECUTIVE SESSION.
A pril 15.
Maj. William H. Johnston, Infantry, unassigned, to be lientenant colonel from March 2S, 1912, vice Lieut. Col. Lylhan
V. Kennon, Fourteenth Infantry, promoted.
Maj. Benjamin W. Atkinson, Fourth Infantry, to,.be lieutenant
colonel from March 30, 1912, vice Lieut. Col. Abner Pickerim»
Ninth Infantry, advanced to the grade of colopbl under the pr^
visions of an act of Congress approved MarcJTS, 1911.
Maj. Fielder M. M. Beall, Twenty-eight^Tnfantry, to be i w
tenant colonel from March 30. 1912, viop Lieut. Col. John j j
Beacom, Sixth Infantry, detailed as in je c to r general on that
date.
,
, ,
Capt. Palmer E. Pierce, Thirteenth Jnfantry, to be major from
March 28, 1912, vice Maj. W illiam ^ . Sample, Third Infantry
detailed as adjutant general on thtfC date.
Capt. Charles G. French, Twerfy-fifth Infantry, to be major
from March 30, 1912, vice M aj.#enjam in W. Atkinson, Fourth
Infantry, promoted.
M
Capt. Lutz Wahl, I n fa n t^ unassigned, to be major from
March 30, 1912, vice Maj.
P
'elder M. M. Beall, Twenty-eig]^
Infantry, promoted.
First Lieut. Philip Pc ms, Eighth Infantry, to be canf-n
from March 2S, 1912, \i
Capt. Palmer E. Pierce, Thirteenth
Infantry, promoted.
$
First Lieut. Frank W. Burnett, First Infantry, to be canti •
from March 30, 1912; vice Capt. Charles G. French, T w em V
fifth Infantry, pronjtjSTed.
First L
tain from
Tenth Infantry,
Second LieufcFHerndon Sharp, Eighteenth Infantry, to i
first lieutenant from March 2S, 1912, vice First Lieut, pjjp.
Powers, Eighth Infantry, promoted.
lp
Second LiJut. Eugene Santschi, jr., Fifteenth Infantry, to h
first lieutejjfcnt from March 29, 1912, vice First Lieut. Walter o
Bowman. ^Second Infantry, retired from active service Marn
28, 1912#
‘ n
Seconp Lieut. William A. Ganoe, Seventeenth Infantry, t0 i
first lieutenant from March 30, 1912, vice First Lieut. Frank p°
BumJlt, First Infantry, promoted.
v
Sjjffond Lieut. Elmer F. Rice, Fourteenth Infantry, to be j w
lieutenant from March 30, 1912, vice First Lieut. C. Stockma,.
" SKlel, Seventh Infantry, detached from his proper command. ' 1
DAY DEPARTMENT.
Lieut. Col. Hamilton S. Wallace, Deputy Paymaster General
to be Assistant Paymaster General with the rank of colonel l -qJ
February 16, 1912, vice Col. George R. Smith, appointed pay.
master General.
P romotions
N avy .
in the
Ensign William H. O’Brien, jr., to be an ensign in the Navv
from the 7th day of March, 1912, in accordance with the ]Uq
.
visions of an act of Congress approved on that date, to correct
the error in his name as confirmed on March 18, 1912.
Gunner Edwin Alberts to be a chief gunner in the Navy, froffi
the 22d day of March, 1912, upon the completion of six years’
service as a gunner.
P ostmaster.
LOUISIANA.
George H. Burnham to be postmaster at Amite, La., in p]acp
of Edson E. Burnham, resigned.
e
Mr. BRANDEGEE. I now renew my motiojiThat the Senate
proceed to the consideration of executive business.
CONFIRMATIONS.
The motion was agreed to, and the Senajfc proceeded to the
consideration of executive business. AftejUfivo minutes spent Executive nominations confirmed by the Senate April 15 1
in executive session the doors were reopej|kd, and (at 5 o’clock
Consul .
and 40 minutes p. m.) the Senate a d jo in e d until to-morrow,
Percival Gassett, to be consul at Iquique, Chile.
Tuesday, April 16, 1912, at 12 o’clock m*f
U nited S tates A ttorney.
__________
jjV
Frederick A. Scott to be United States attorney for the district
NOMINATIONS.
of Connecticut.
®
Executive nominations received byftlie Senate April 15, 1912.
A ppointments in the A rm y .
Promotions
in
I
he
A rm y .
infantbjV arm .
Lieut. Col. Abner Pickering,' Ninth Infantry, to be colonel
from March 30, 1912, under, the provisions of an act of Con
gress approved March 3, 1911, for advancement in grade in ac
cordance with the rank he, would have been entitled to hold had
promotion been lineal throughout his arm since the date of his
entry into the arm to which he permanently belongs.
Lieut. Col. Lyman W. V. Kennon, Fourteenth Infantry, to be
colonel from March 2S, 1912, vice Col. Colville P. Terrett,
Eighth Infantry, retired from active service March 27, 1912.
Lieut. Col. Charles G. Morton, Infantry, unassigned, to be
colonel from March 30, 1912, vice Col. William L. Pitcher, unassigned, retired from active service March 29, 1912.
COAST ARTILLERY CORPS.
John Absalom Baird to be second lieutenant.
corps of engineers .
Wistar Morris Chubb to be probational second lieutenant.
INFANTRY ARM.
Moses King Goodridge to be second lieutenant.
P romotions
in the
A rm y .
COAST ARTILLERY CORPS.
Lieut. Col. Ira A. Haynes to be colonel.
Maj. Archibald Campbell to be lieutenant colonel.
Capt. Marcellus G. Spinks to be major.
Capt. Jacob C. Johnson to be major.
First Lieut. Chauncey L. Fenton to be captain.
1912.
CONGRESSIONAL RECORD— SENATE.
them because I assume that other Senators are also receiving
a great many similar ones, and I have therefore presumed that
it was unnecessary to encumber the R ecord with any large
number o f them. Of course, I have no objection to those that
have been offered, but I think that we shall hardly be able to
admit to the R ecord all the letters and telegrams that have
been received and will be received on this subject.
(
Mr. BACON. Mr. President, before passing from this sub. ject, I hope I may be indulged to say that I also have received
a number of telegrams and communications by letter in regard
to this bill from railroad organizations in my State. With one
; exception they have all been opposed to the bill, and they desire
that it be defeated. There has been one railroad organization
in the State that has communicated with me to the effect that
they desire its passage, but with that exception all the others
have been adverse to the passage of the bill.
Mr. SWANSON. As the Senate is now considei'ing the em
ployers’ liability bill, I should like to have-----The VICE PRESIDENT. The Senate is not now considering
it, but several petitions have been introduced, without objec
tion, out of order, upon the subject.
Mr. SWANSON. I should like to have a communication and
three telegrams from labor organizations in my State read.
There being no objection, the communication and telegrams
"were read and ordered to lie on the table as follow s:
B rotherhood of L ocomotive E ngineers ,
J os. H. S ands D iv is ic n , N o . 401,
R o a n o k e , V a ., A p r i l 8 , 1012.
lion . T h om as II. M a r t in ,
Hon. C laude A. S w an son ,
U n ited S ta te s S e n a te , W a s h in g to n , D . C.
4*
G entlem en : Division No. 401, Brotherhood of Locomotive Engineers,
located in the city of Roanoke, Va., have a membership of 150 engi
neers who desire to see the Federal accident-compensation bill become
a law. As secretary-treasurer of this division, I am instructed to write
and ask your support to secure the passage of this Senate bill, No. o382.
-thanking you in advance for your influence and support,
I am, yours, very truly,
R. D. Ca r l is l e .
S e c r e ta r y -T r e a s u r e r ,
D i v i s i o n >fil, B r o t h e r h o o d o f L o c o m o t i v e E n g i n e e r s
[Telegram.]
,
lion. C laude A. S w an son ,
R ich m o n d , V a .,
A p r il 8 j
S en a te C h a m ber, W a sh in g to n , D . C .:
This is to advise you that members of Mother State LodggpNo. 634,
Brotherhood of Railroad Trainmen, comprising trainmen
Southern
and Atlantic Coast Line Railroads, at last regular meeting.IRianimously
indorsed the workingman-compensation bill, known as Senate bill 5382,
and earnestly request that you use your vote and influent to get same
passed.
L. J. La s, P r e s i d e n t .
J^
L. O. iRpNs, S e c r e t a r y .
little more ijian the present system and will give the
ployees more
than twice as much. This will result from the savin* in the cost of
litigation.
Of course, the amount of recovery is limited, fixe<h?5nstead of leavin
it to the caprice of the jury, but it gives the cons|tensation without a
lawsuit and when-it is most needed. The righifto sue is not much
benefit to a widow and her children. But the gr»at number of personalinjury lawsuits are a severe annoyance to thej^mployer.
Mr. Herman E. Wills represents us at W^iington, and I hope you
can discuss it with him
Very truly, yours,
jjJ . J. H o s k in s , C h a ir m a n ,
T
[Telegra^
h v il l e ,
lio n . N ew e l l S anders ,
W a sh in g to n , D .
R ich m o n » ^ V a .,
Jf
A p r i l 8 , 1912.
A. P. D a v is ,
S e n a te C h a m b er, W a sh in g to n , D . C .:
B loom ington , III.,
Hon. S iie l b x .^|0. C ullom ,
W a sh in g to n ,
D.
D ecatur , III.,
An. S h elby M. C ullom ,
U n ited
S ta te s
S e n a te , W a s h in g to n ,
D avenport , I owa ,
Hon. S. M. C ullom ,
G. C. J e n k s ,
L e g is l a t iv e B oard,
L ocom otive E n g in ee r s ,
S tate of T e n n e s s e e ,
K n o x v i l l e , T e n n ., A p r i l 9, 1912.
S en a te, W a sh in g to n , D . C.
*
Sir :
one of the honored Senators of Tennessee, I desire to
your attention to Senate bill No. 5382, known as the workman’s
em l)onsationf act. As you are doubtless aware, the entire subject of
r
K
(i,pl.°yers’ liability has been studied by an able commission, and the
\vi th<V*result of their labors.
of \
J study the bill I think you will find it a very desirable piece
'ou
w ill ;^™tion, beneficial alike 1o the employer and the employee. It
of n Dghtfully place the cost of personal Injuries as a part of the cost
Kpi'^ouuetion, pass it on to the final consumer, and result in the cases
settled out of court. It will cost the railroad companies only a
u n ite d S ta te s
F reeport , I I I ., A p r i l 9 , 1912.
Hon. S h elby M. C ullom ,
The railroad men of this city are deeply interested in the passage of
Senate bill No. 5382, and we, the undersigned members of the four
railroad brotherhoods, hereby request that you give this bill your favor
able support.
O. J. P h il l ip s ,
o f R a ilro a d T r a in m e n .
.T. II. G reene ,
O rd er R a ilw a y C o n d u cto rs.
J. J. S h a u g h e n e ss y ,
B r o t h e r h o o d o f L o c o m o t i v e E n g i n c c i 4,
B. K rau tiio ff , .
B r o th e r h o o d o f L o c o m o t iv e F ir e m e n an d E n g in e m e ft,
M ount Carm el , III.,
Hon. S h elby M. C ullom ,
Dear Sir : I am instructed by the Brotherhood of Locomotive Engi
neers of this city to wire you in behalf of the bill now in Senate
known as S. 5382, and we sincerely hope that you will give this bill
your support.
Yours, respectfully,
S h elby M. C ullom ,
C. F. B arrett,
S e c r e t a r y D i v i s i o n N o . lfiO,
B r o th e r h o o d o f L o c o m o tiv e E n g in e e r s.
.
M urphysboro , I I I .,
_ „
A p r i l 6, 1912.
U n ite d S ta te s S e n a te , W a s h in g to n , D . C .:
1
Am instructed -hr, Division No. 444, Brotherhood of Locomotive Engl*
neers, ask your support Senate bill No. 5382, House bill No. 20487.
b
W. R. W right,
ca]|EA
R
c
A p r i l 9, 1913
W a s h in g to n , D . C.
J here being no objection, the communications were ordered
0 bo on the table ajnd to be printed in the R ecord, as follows :
S'
P r e s id e n t.
S ec reta ry.
E. C. E vans , Jr.,
Jill 5382.
R. D. Clopton,
Mr. SANDERS. I have ^communication from the legislative
°nrd, Brotherhood o f Locomotive Engineers, o f Tennessee, and
j, telegram, in the nature o f a petition, from Lodge No. 64S,
rotherhood o f RailroadpTrainmen, Nashville, Tenn., relative to
le workmen’s compensation hill. I ask that the communieau*!'s He on the table and be printed in the R ecord.
N e w e l l S an d er s ,
A p r i l 9, 1912.
Tri-City Lodge, No. 617, Brotherhood of Railroad Trainmen, at its
regular meeting, April 7, by unanimous vote instructed us to urgently
request your support of Senate hill No. 5382. We believe the Federal
workmen’s compensation bill to he of the most vital importance to us,
and assure you we will appreciate your efforts in our behalf.
A p r i l 8 ,1 9 1 2 .
R e p r e s e n t a t i v e L o d g e 389,
B r o th e r h o o d m f R a ilw a y T r a in m e n , R ic h m o n d , V a .
...
1912.
B r o th erh o o d
R ich m ond , V a .,
Don
s,
U n ite d S ta te s S e n a te , W a s h in g to n , D . C .:
U n ite d S ta te s S en a tej
of
A p r il
D . C .:
I am instructed by the members of Division No. 155, Brotherhood of
Locomotive Engineers, of Decatur, 111., to request of you to vote for
and use your influence for the passage of Senate bill No. 5382 and
House hill No. 20487.
J. W. K now lton .
lion . C laude A. S w an so n ,
J
r
Jr
A p r i l 8, 1912.
C .,
ResolvecLsiRiat we the members of P. H. Morrissey Lodge, No. 62,
BrotherhegSi of Railroad Trainmen, in meeting assembled, most heartily
indorse Senate bill No. 5382 and House bill No. 20487, and do hereby
inStrucipThe president of this organization to telegraph the United
StatespJsenators from the State of Illinois and the Congressman from
this M Strict to vote for and use every honorable effort for the passage
of tjfa 6 important legislation to railroad men.
a
C. A. P e tt u s , P r e s i d e n t .
[Telegranj
B rotherhood
T rea su rer.
Mr. CULLOM. I p ij^ n t sundry telegrams from members of
the Brotherhood of Jrailroad Trainmen and Brotherhood of
Locomotive Engineeg^in Illinois, relative to the so-called work
men’s compensatiojirbill. I ask that the telegrams lie on the
table and be prinjfhl in the R ecord.
There being })0 objection, the telegrams were ordered to lie
on the table aiajF to be printed in the R ecord, as follows :
W a sh in g to n , D . C .:
glneers, instructs m
e,
Division 532, Brotherhood of Locomotive
A. C. Atkins, their legislative representative, o urge you to give your
fal accident-compensation
vote and influence for the passage of the FeJ
nm, No. 5382. Division 532 has 54 membej?.
Please give us your support on
A p r i l 10, 1912.
We desire to call your atleniffbn to Senate bill 5382 (workmen’s
compensation bill). We will agpreciate your vote and influence in its
passage. This is respectfullyjilted of you by Lodge No. G48, Brother
hood of Railroad Trainmen.^
[Telegram.]
tI
Hon. C laude A. S w an so n ,
T enn .,
C .,
S e c r e ta r y D iv is io n N o . M i-
‘
% X L V I I I -------- 3 0 4
T on SHELBY M. C ullom ,
T
110 ‘
East St . Louis, III.,
S en a to r,
W a sh in g to n , D .
A p r i l 5, 1912.
C .:
Tt is the expressed wish of the members of the Brotherhood of Kaik
road Trainmen of East St. Louis that you use your influence and sup
port the workmen’s compensation bill now pending
T rea su rer.
CONGRESSIONAL
'4840
B earstown , via S pringfielb , Tr-L.,
A p r i l 7 a n d 8, 1312.
Cur.LO , W a s h i n g t o n , I). C . :
M
Please lend your assistance in favor of Senate bill No. 53S2, as our
membership is interested m
ore in tliis bill than any other.
\ Respectfully, yours,
;
Sinir.iiY M.
( " h a s . Ilowy.y,
T r ea su rer B r o th erh o o d
o f R a ilr o a d T r a in m e n .
8, 1312.
R ock I sland, I I I ., -I
S enator Ccllom , W a s h i n g t o n , D . G.
M
II onoipd S rn : We respectfully request that you support the work
men s liability bill now before the Senate.
Respectfully,
W. M. Joh nston ,
\ S e c r e t a r y -T r e a s u r e r B r o t h e r h o o d o f L o c o m o t i v e E n g i n e e r s .
\
—
A uburn Park, IiM
Mr. Sh e l b y W . Cellom ,
, A p ril
U n ited S ta te s S e n a to r ,
j?
W a s h tn g w n , I}.
16, 1312.
C.
Engineers on.Belt Railway of Chicago request vjeur support to Senate
bill No. 53S2 a$jd House bill 20487.
F
Jf- J. B ane,
5ii. I I I .,
E n g in eer .
A p r i l 8, 1012.
Hon. S. M. Cull « i , W a s h i n g t o n , D . C :
The Brotherhood of Locomotive EngineersJSrge your support for the
passage of Senate bill No. 5381 as originally^designed.
\
S
V. E. Musgrove,
S e c r e t a r y -T r e a s u r e r o f S u b d i v i s i o n N o . 606, S a l e m , III.
DEPARTMENT OF PUBLMF HEALTH.
Mr. JONES. Mi\ President, I litjVe some telegrams in the
nature of petitions ■
‘which I desire n> present. I want to say,
in connection with t&e matter thahfias already been referred to,
that I have receive! a great ip n y telegrams indorsing the
compensation act proposed froijT' my State. My people, how
ever, are much interested in another proposition that appears to
them at least to be ver* serioiW it bearing the honored name of
the Senator from Oklahoma jjilr. O wen ]. While I know he is
a “ progressive,” and I ;Un sapsfied he would not take away the
liberties of any of our fS o , a great many of my people are
b jje
rather fearful. I want th read one telegram I have received,
which reads as follows: if
Senator W esley L. J ones, 0
Seattle , W a s h .,
A p r i l 15, 1312.
%
W a sh in g to n , SL € . :
Vote in favor of the Of>en fell means the establishment of one of
the worst trusts in our «mntr$f; its defeat means that we can still
.choose our own physiciaryiand oii|, own medical school. We don’t want
any interference with oug presenravested rights of freedom.
%
W. E lwanger .
This feeling seem# to have Spread considerably among my
people. I have anoj ier telegraita from Seattle, which reads as
follows:
Senator W esley
S
eattle , W a s h .,
A p r i l 15, 1912.
I j . / ones ,
W a s h in g to n , D . C .:
riease use ever/ available effort td defeat the Owen bill. It is
fraught with grea* danger to the liberty of every American citizen.
Medical freedom j^vill be gone if any^one particular school has a
monopoly. Medical monopoly is the maii&pring of the Owen bill.
R. Cooper W il l is .
%
Then, also ffbm Seattle—I take it Ithat possibly to-morrow I
will get a greaf many similar telegram^ from some other locality
In the State- id have the following telegram:
Hon. W esley JL J ones ,
Seato^ e, W a s h .,
A p r i l 15, 1912.
U n i t e d S m ite s S e n a t e , W a s h i n g t o n , D . C.%-
The worldJIs sound and moving on. Moduli physiological patholo
gists by shedf merit are rapidly supplanting allopathic pretensions. In
desperation^allopaths are seeking to recovers prestige - through gag
legislation and State m
edicine crushing with ignorant force on en
lightened a d aspiring people. For sake of trftth and humanity, kill
j&
Owen bill.#
B octor P. R udolph .
I also jhave a telegram from Spokane, as fellow s:
Spokane ,
es ,
U n u led S t a t e s S e n a t o r , W a s h i n g t o n , D . G .:
W. L. J *
WA* h .,
A p r i l 15, 1912.
%
The sassage of the Owen bill as amended will deprive many of your
best people of freedom.
O rq. T. Crane .
The ladies of my State are also getting fearful o f Ibis reac
tionary measure of my friend from Oklahoma. They say:
S eattle , W a s h .,
POIlf’DEXTER AND JONES,
,
A p ril
V
•*
•
Wa-kwk to you for fhe "protection of our individual and national rights,
hence tfie defeat of tlm. Ovveu-bill.
*
"
.......
'
Mrs. M ichael E arles .
S en a te C h a m b er, W a s h in g to n , B . M . :
Mr. OWEN. Mr. President-----Mr. JONES. I want to ask the Senator, before he interrupts,
whether it is his intention seriously to press this trust-breeding,
monopolistic, liberty-destroying, tyrannical, reactionary measure
against the wishes of the people of my State? I have a great
deal of confidence in his liberty-loving proclivities, but I do feel
-SENATE.
A p r il
10.
that in the matter of legislation at least I should pay som(.
gard to the views of my people.
' l’eI have a great many more telegrams from people in my pm
with reference to this matter which I desire to submit, •
!,
should like to know whether the Senator from Oklahoma* < J
!*
onslv intends to nvess this measure which is franwi,! with
ously
press
fraught
so
much danger to the people of my State.
Mr. OWEN. The hill itself abundantly answers the
tele.
grams which —
have been read, and for the -----or tli
7 -------- information of
Senator from Washington I will call his attention to this 10
vision of the h ill:
”
That the health service established by this act shall have no
to regulate the practice of medicine or the practice of heaM ™ P
n
°tver
interfere with the right of a citizen to employ the practitiono?’ °r to
choice, and ail appointments made within the health service m , f hi?
c
............... '
the head of the service, shall u - — ade — A* 1------- * discrimination I n c l i i r t i ^ be m J without -------*— > . A ’
of or against any school of m
edicine or of healing.
u favop n
The hill provides further that no domicile or residence of «
per
rsoii shall he entered without the consent of the occupam.
that no function belongin exclusively to the State shall bo
exercised by the department.
The opposition to this measure is inspired in large measure
my opinion, by the same forces that have opposed the carr A 11
out of the pure food and drug act in this country and by i v
a
who are engaged in disseminating patent medicines1 and vvh’
and p5
have a good deal of money invested in that business. They ] •
stirred up innocent people, such as the Christian Scientists ? e
aV
some few members of the eclectics or the chiropractics or
citizens who imagine that their right to practice medicine or n
healing art may be interfered with. Those artificial telem 0
-which are sent here—artificial in the sense that thev arcarils
they -itstigated by a private interest—serve no useful purpose ex
perhaps to confuse the minds of those who do not under
what it really means.
'' ;lil(l
i.
f
I will say to the Senator from Washington that so far
j
c
*
am concerned I do intend to press Senate bill No. 1 and to q0
U
whatever I can to establish a department of health in this couq.
try that shall make available, as far as possible, all the inf0 -'
1
W
if
mation acquired by the scientific world in regard to the preset-'
vation of human life.
* fii
I remind the Senator from Washington that it was the i
•
vestigation of Carroll, of Lazear, and of Agramonti and the other *
IfF
patriots of peace, a number of whom lost their lives in solving
solving
the problem of yellow fever at Habana, where the death rate
fa
th r b
was over 649 to the -.............. thousand . . .
prior to- the Ampri„
uc‘ *can
.
. hundred
occupancy, and rapidly fell to zero, which made possible tj !
building of the Panama Canal, which the French nation ]1
;,^
been unable to build because of yellow fever and because *
the Chagres fever.
! °£
I should like to know if in reality the Senator from Washton is opposed to the principle of this bill or whether p 'n?" VI
merely diverting himself by reading these telegrams.
e is
Mr. JONES. I wish the Senator from Oklahoma to ]what my people think about this measure. I have not nn-l0'V
examined it very thoroughly, and am not now proposing p
to express any judgment with reference to it. I am glad to have t
Senator’s suggestion with reference to how these telegrams I the
pened to come here. These people are certainly somewha1U '
at ,lR
terested in the matter, because they paid at least a dollar a r in
'
to get the telegrams here. So it is something serious to t h 06
I do think on a matter of legislation—what it is W eni*
js
■tJ
do in a legislative way here I should defer to the.expression A
opinion of my people, and these are the only expressions I
had in this way.
All these telegrams came in this mornin
During the last
session of Congress I got a great many telegrams of the same
character. So that however they were inspired, and whoever
brought about these telegrams, they must represent the spud
-senti
ments of these people and their fears; and I am glad to have
the assurance of the Senator from Oklahoma that he does not
intend to deprive these people of their liberty and their freedom
?
and that lliia is a good onrl movifni'inno mnocntm t assure him
this i c n ort/vrl and meritorious measure. I
I shall look into it very carefully indeed, and if the results,
after having done so, convince me that it is all that the Senator
says it is, I shall possibly vote for it.
Mr OWEN. I ask the Senator from Washington if he is in
favor of an independent health service in the United States or
not?
Mr. JONES. That is a matter I want to look into very care
fully, having due regard for the views of my people.
Mr. OWEN. Ill other words, I understand the Senator from
Washington to say that after this matter has been before the
public three years actively he has not made up his mind upon it?
Mr. JONES. No; the Senator does not understand me to say
understand me to
anything of the kind.
I
1912.
CONGRESSIONAL RECORD— SENATE.
4841
I have views on the general subject, but I have not been able
to examine the particular features of the bill, and I do not de
sire, therefore, at this time to commit myself to any particular
measure.
Mr. OWEN. I will ask the Senator from Washington if he
recalls the language of the Republican national platform on this
I sincerely trust that the Senate will compare the two bills
and the organizations provided, and what is to be accomplished
by the two, and I shall, as I said, offer this as a substitute for
Senate bill No. 1 when it is up for consideration.
The VICE PRESIDENT. The telegrams will lie on the table.
question.
Mr. BROWN, from the Committee on Pensions, to which were
referred certain bills granting pensions and increase of pen
sions, submitted a report (No. C23), accompanied by a bill (S.
6369) granting pensions and increase of pensions to certain
soldiers and sailors of the Civil War and certain widows and
dependent relatives o f such soldiers and sailors, the Dill being
a substitute for the following Senate bills heretofore referred
to that committee
S. 212. Julius A. Pherson.
S. 213. William R. Arnold.
S. 51S. William Comstock.
S. 715. John B. Wilson.
S. 718. Edward Clark,
S. 722. James D. Smith.
S. 727. Jonas Sclirock. i.
S. 729. Thomas Tovey. v
S. 798. Amos Hoy.
S. 805. Andv Phillips.
S. 808. Hiram S. Shalian.
S. SSO. Charles W. Read. S. 1009. Mary C. Greene.
'
S. 1167. Elias Shaffer.
S. 1325. Daniel G. Bowles.
v
S. 1332. Dudley C. Rutledge.. ^
S. 1357. Orson P. Matthews.
#
.
S. 153S. Joseph W. Frank.
S. 1549. Thomas D. Dick.
S. 1639. Junius T. Turner.
S. 1686. Sagarlin C. Knighton.
S. 1689. John Dixon.
S. 1728. Martin Ouderkirk.
S. 1763. Ellwood A. Collins.
S. 191S. James P. Cassedy.
S. 1919. Hannah S. Caward.
S. 1929. Benjamin Ricards.
S. 1931. Janies M. Fogleman.
S. 19S8. Robert B. Baldwin.
%
S. 1989. Samuel T. Benuett.
M
S. 2008. Andrew J. Mowery.
S. 2026. Jacob Wible.
S. 2029. Thomas V. McConn.
S. 2033. Bradford L. Hollenbeck.
S. 2140. William Smith.
S. 2260. Jacob Bauer.
S. 2359. George S. Arnold.
S. 2486. Alexander J. Matthews.
S. 2522. Ira McCall.
S. 2572. Charles E. Tenant.
S. 2597. William G. Baldwin.
S. 2734. Alexander H. Farmer.
S. 2787. Richard Fossett.
S. 2820. Henrietta S. Kimball.
S. 2S58. Samuel Welch.
S. 289S. Samuel Mooney.
S. 2969. Joseph H. Lanam.
S. 2970. John L. Mellender.
S. 298G. William M. C. Hix.
S. 3059. Margaret Shamp.
S. 3092. Martin Dolsby.
S. 3119. James A. Wood.
S. 3125. James M. Hopper.
S. 3128. John Barker.
S. 3127. Hiram F. Reel.
S. 3147. Charles Blair.
S. 3242. James S. Sutherland.
S. 3347. William A. Smith.
S. 3348. Daniel Keene.
S. 3350. Edward Mills.
S. 3351. Reuben H. Neff.
S. 3392. Ebenezer Miller.
S. 3395. Jesse Jones.
S. 3413. Harrison Bresson.
S. 3491. James O. McCabe.
S. 3574. Jeremiah W. Hancock,
S. 3583. Joseph Vannest.
S. 3586. Samuel S. Weaver.
S. 3598. Henry Blaise.
S. 3600. Samuel Priest.
Mr. JONES. Oh, yes; and I am a little hit surprised that,
progressive as he is, the Senator finds something in the Repub
lican platform which meets his approval. That to me is a little
suspicious.
Mr. OWEN. I am unable to determine from anything the
Senator says whether he is in favor of an independent health
service or not, and I am willing to leave it in the R ecord that
way if fie is.
Mr. WORKS. Mr. President, I suppose I am one o f the in
nocent individuals who have been misled into the belief that
this is undesirable legislation. I think I know pretty well the
contents and the meaning of this hill and the forces that are
behind it. I happen to he a member of the Committee on Public
Health and National Quarantine, and I have given the hill a
good deal of study.
A good many of the objectionable parts of the bill have been
eliminated, and every effort has been made to make it just as
innocent as possible. Nevertheless, it is a part of a system of
legislation that is going on all over this country which is in
tended to establish a State medicine, and to place all the med
ical activities of the Government in the hands o f one school of
medicine; and this effort is properly characterized in the tele
grams which have been read here in the Senate.
This particular bill is not so harmful in itself, but it is a
Part of the entire system of legislation about which we are
complaining. I am not now going to discuss the merits o f the
bill. I expect to do so at the proper time when the bill comes
before the Senate for consideration.
I desire to say in this connection, however, that it has been
stated all over this country, just as it has been now stated on
the floor of the Senate, that the opposition to this bill has been
instigated and carried on by the patent-medicine men, and that
other innocent people have been brought to believe it is.harmful.
That is an entire mistake, and in some quarters it is maliciously
stated. The opposition to the bill is not carried on by the
Patent-medicine men. I do not know whether they are oppos
ing it or not, but I know that the League for Medical Freedom,
which comprises most of the opposition to the bill, has nothing
t° do with patent-medicine men. They have absolutely refused
to^accept any money from them. They are acting independently,
Of course it is natural that the Christian Scientists, against
whom most of this legislation is directed and who, in some of
Oie States, under legislation now in force, are being prosecuted
a,id imprisoned for carrying on their mode of healing, should
stand opposed to legislation o f this kind, and they are doing it
consistently and in good faith.
The physicians of other schools of medicine are making the
Millie opposition to it upon precisely the same grounds— that
their liberty to practice their mode of healing, and the right of
the people "to resort to them for healing, will be affected by
this legislation, if it is carried out as it is intended, not as ap
pears on the face of the bill, but as it will be carried out and
enforced throughout this whole country by legislation of this
kind.
I am only saying this in order to attract the attention of the
Senate to the fact that whatever objection is made to the bill,
a,ul which will be made on the floor o f the Senate, will be
made in good faith, without any selfish interest on the part of
tbe patent-medicine men or anybody else.
Mr. SMOOT. Mr. President, in this connection I want to say
| -at on March 22, 1912, I introduced a bill to establish a public*’
Healtli service, and for other purposes, and when Senate bill
1 is up for consideration before the Semite, I intend to
effer my bill as an amendment to the one reported to the Senate.
I will say that the bill provides that the Public Health and
Marine-Ilospital Service and all ttie other health agencies of
die Government shall be put into the public-health service, and
A will be under the Secretary of the Treasury, as the Public
Health and Marine-Hospital Service is to-day. There will be
Provided an assistant to the Secretary of the Treasury, whose
^uty it shall be to preside over this service.
. I desire to say that it will reach the same result, in my opinmn, as the bill introduced by the Senator from Oklahoma will
reach. lt*will not entail another organization or another de
part lpent, an independent department, and so far as the expense
is concerned, there are only two additional employees from those
111 die public service to-day.
REPORTS OF COMMITTEES.
I
\
\
4842
CONGRESSIONAL RECORD— SENATE.
S. 3602. Samuel J. Ellis.
S. 3736. Ephraim Lea sure.
S. 3750. Braden Zeigler.
S. 37G1. John McQuown.
S. 3809. John Lay.
S. 3824. John Thompson.
S. 3870. Jamas II. Barrelle.
S. 3020. Edward Kendall.
S. 4015. Benjamin F. Hudson.
S. 4062. C harts J. Strain.
S. 4071. Charles Bennett.
S. 4172. Thomas Dougherty.
S. 4275. William Manely.
S. 4302. Chari® Sponsler.
S. 4453. Elihu Fversole.
S. 4478. Toller feterson.
S. 4526. George W. Jones.
S. 4621. Margaret Williamson.
S. 4720. Abraham Smock.
S. 4730. Izora E. Dwire.
S. 5014. George 17. Rowley.
S. 5165. James M. Martz.
S. 5178. James Miles.
S. 5185. James E. Fuller.
S. 5248. Andrew G. McAusland.
S. 5266. Benjamin F. Charles.
S. 5307. John M. Swaim.
S. 5335. James Maull.
S. 5371. Philip R. Grand.
S. 5407. Mattie B. Wintrode.
S. 5453. Emmett A. Brockway,
S. 5460. Frederick Beckhorn.
S. 5464. William II. Miller.
S. 5520. Carrie Diefenbach.
S. 5522. Mary J. Mulholland.
S. 5550. Emma P. Justi§on.
S. 5569. Gardner P. Waterhouse,
S. 5579. William Marquet.
IS. 5582. Kittil Torgerson.
S. 5619. Michael Hilti.
i
S. 5625. Charles It. Spicer.
S. 5628. George F. Green.
S. 5649. Ira Grant.
S. 5703. Daniel C. Stevens.
S. 5707. Reuben H. Rich.
S. 5774. John S. Lewis.
t
S. 5S18. Annie E. Loudon. • |
S. 5821. Alma J. Van Winiile.
S. 5847. Mary E. Franklin. \
S. 5848. John W. Shear, f
S. 5873. Joseph F. Kendhll.
g,
S. 5S76. Edward M. Hitchcock.
S. 5888. Eben Kneeland.
S. 5889. Clement LovaJv.
S. 5892. Elizabeth Pofloy.
S. 5893. Elizabeth E?
;T)onaldson,
S. 5897. James A. ]\®rgan.
S. 5898. Jesse H. Cpirad.
S. 5899. Noah A. IWcker.
S. 5900. FrederickjW. Zwickey,
S. 5003. Thomas 0. Kinsey.
S. 5916. Laura L T Stiles.
E
S. 5921. Moses
Marshall.
S. 5922. Martin
Monroe.
S. 5925. Eugern Besancon.
S. 5926. Rufu G. Barber.
S. 5927. Hora
A. Foster.
S. 5953. Samafel B. Baker.
S. 5954. Jamis Jordan.
S. 5974. Jan, is II. Crosser.
S. G017. Jol i Clark.
S. 6020. Leonard C. Norton.
i
S. G030. Grtt Latlip.
S. G059. Jimes M. Lurvey.
|
S. 6061. Fanny M. Jones.
%
S. 6075. William E. Henry.
c
S. 6076.. Rachel Hagan.
S.G077/ Mary C. Riley.
S.GOOtf Nathaniel M. Milliken.
S. G0Q2. William J. Gardner.
S. 6122. John Bowman.
S. 6149. Willard M. White.
Mr. NELSON, from the Committee on Commerce, to wi
were referred the following bills, reported them severally
out amendment and submitted reports thereon.
AritiL IQ
S. 6161. A bill to authorize the Great Northern Railway
to construct a bridge across the Yellowstone River, m P°county of Dawson, State of Montana (Re&t~ No.T>25) ; ’
S. 6167. A"1
'bill to authorize tlm^fllTmmson & Pond o
Railroad Co. tfKconstruet a brj#jc across the Tug Fork of t,
-------— Tug Fork
------Big Sandy River"
r neanjfvi 11iamson, Mingo County, w -y.
(Rept. No. 626) ;
S. G1G0. A bill to a^l^brize the Great Northern Railway o f l
to construct a bridaifmcrafc&JLe Missouri River, in the si-o
of
akota
OVE V
was inferred the bill (S. 1590) f^uyiding for an iner
lary Jtfr the United States district attorney for the
01
U| w g g
Mr. OWEN, from the Committee on Indian Affairs;-to u-i •
was referred the bill (S. 6219) providing for the purchase
permanent improvements on the segregated coal and as!?
lands of the Choctaw and Chickasaw Nations by the citi ^
erecting such improvements, reported it with an amendment ? 118
submitted a report (No. 629) thereon.
U
lkl
LAND
T IT L E S
IN
OKLAH OM A.
.
Mr. OWEN. I present a report from the Committee on In v ty
Vjiirs recommending the nnssner
e
hill IS ft^on\ . diajj
Affairs lwnnimpiwlinc' tlie passage of the bill (S. 6339) f0 , 1
1
just titles within the Five Civilized Tribes in Oklahoma a *'
<
- I submit u,u- ant
for other purposes, with an amendment, and
a"rplU
l(* t
R1
>'*
(No. 624) thereon. I should like to ask present consider-u'0n'
tios
of the bill. It is a very short matter, but a matter 0f
“ irtance
portance to the State.
The VICE PRESIDENT. The Secretary will read the bin
The S ecretary . The amendment of the committee is to st
out all after the enacting clause and to insert:
•trike
That the Secretary of the Interior be, and he is hereby, authr.
in his discretion, to validate by approval any instrument purports*Z l.
e<
be a deed of conveyance or contract for title of allotted lands
to
Five Civilized Tribes made prior to the removal of restrictions
before January 1, 1912, in the following cases, to w it:
s an l
<
First. When the purchase or contract was made in good faith
no fraud was practiced, and the Indian allottee was actually
ar* l
<
reasonable value of the land.
1 ia the
jluul m luis mass or cases uue seLLiemenr can only D made upon V >
e
y
condition that the Secretary of the Interior be paid for the benefit 6
the allottee a sum sufficient to make up the reasonable value 0f
lands : Provided further, That the settlement in either case shill
made upon such terms of settlement as the Secretary may deem i, 1
)6
proper, and equitable, and under such rules and regulations as he *
prescribe, and upon such settlement suit, if any, _instituted at thn a^
quest of the Secretary of the Interior, shall be dismissed withom- le'
to the defendant.
1 c°st
S e c . 2. That the Secretary of the Interior is hereby authorlvn i
permit the sale or exchange of the restricted land of any Indian nf *°
tribe in Oklahoma and invest all or part of the proceeds of am
which has been or may lie made for the benefit of said Indian a *aSa'u
heirs or legal representatives, the property so secured to be held fn !l*
s
use and benefit of such Indian, subject to the same conditions it .^e
tions, and restrictions as imposed by law upon the original lando ta'
or exchanged by such Indian or Indians. Title to the land secur* i
Sol4
purchase or exchange shall be taken and held in the name of simi ^y
d ia n : Provided, That the provisions of this act shall apply also t II1'
investment of funds of Indians of the class subject to restriction Ple
who have not been allotted lands and have or may hereafter
aut
moneys in the custody of the United States to their credit.
1 aave
S e c . 3. That no lease executed by a member or members of the c
Civilized Tribes covering lands from which restrictions upon alien I iv° **
have not been removed shall be valid unless approved by the S e e r t 011 t*{
th e
nr by some
W retarv J
of the Interior or li v s o m e officer located in the S t a t e of Oklahoma
State o f
ignated by him for that purpose, under such rules and re"ialatio (*°s'
the Secretary of the Interior may prescribe: Provided, That^in r , ! ns as
allottee of the Five Civilized Tribes having restricted lands for any
reason fails or refuses to accept patents therefor or to take nosai any
thereof the Secretary of the Interior or any officer designated hr??011
is hereby authorized to make, execute, and deliver for and on behnif 11
1
such allottee a lease covering said land, and the proceeds of such i 1
shall be deposited with and held by such officer as the Secretary r ,f? S
Q
Interior may designate, and shall be disbursed to said allottee hish • 0
or legal representatives whenever it shall be shown that he or hI1s’
should receive the same.
1 taey
Sec . 4. That from and after the approval of this act any nor
firm, or corporation procuring, accepting, or placing of record anv riSon’
mortgage, contract to sell, power of attorney, lease, or other instrnm < ,
1
or method of encumbering real estate relating to land allotted to i?ent
bers of the Five Civilized Tribes, made prior to the removal
'
piration of restrictions therefrom, or if not approved as provided in *??'
act, shall be guilty of a misdemeanor, and upon conviction thereof
be punished by a fine of not less than $500 nor more than $1,000. * * ajl
I
The VICE PRESIDENT. Is there objection to the m
-P«n«*.
consideration of the bill?
1 hent
. Mr. CURTIS. As I understand it, the bill the Senator fro
Oklahoma offers as an amendment is one prepared by the a *
*
sistant Secretary of the Interior, Mr. Adams.
Mr. OWEN. It is.
\ .
Mr. CURTIS. The Senator offers it as a substitute for
it'
pending bill?
ltX
Q
Mr. OWEN. Yes.
CONGRESSIONAL RECORD— SENATE.
Mr. CURTIS. Is any part o f the main bill left? The Sena
tor will excuse me for asking the question, but I was not pres
ent in the committee.
Mr. OWEN. The first part of the bill is repeated in the sub
stitute. This additional amendment was proposed by the Assist
ant Secretary of the Interior.
Mr. CURTIS. The question I asked is whether the amend
ment which was read at the desk is offered as a substitute for
the bill on the calendar.
Mr. OWEN. It is.
Mr. CURTIS. I f so, I have no objection to its consideration.
The VICE PRESIDENT. The Chair understands that every
thing after the enacting clause of the bill is stricken out by the
amendment.
Mr. HEYBURN. I ask that it may go over.
The VICE PRESIDENT. Objection is made.
Mr. OWEN. I ask that the bill may lie on the table for the
present.
Mr. IIEYBURN. Under the rule, the Senator having asked
that it be taken up by unanimous consent, it would go over and
remain on the calendar.
The VICE PRESIDENT. The bill is not yet upon the calen
dar- It has just been reported.
Mr. IIEYBURN. That makes it rather more radical. I
thought it was on the calendar.
Mr. CURTIS. I understood that it was a calendar bill. I
thmk myself it had better be printed so that Senators may see
vdiat it is.
Mr. HEYBURN. I got the impression from the question
asked by the Senator from Kansas that it was a calendar bill
and that the committee was merely proposing to amend it.
Mr. CURTIS. That is what I understood.
Mr. HEYBURN. Of course, then, it is a calendar bill now.
The VICE PRESIDENT. The bill having just been reported
R has not yet gone to the calendar. The Senator from Okla
homa has asked that it do not go to the calendar, but remain on
the table.
Mr. HEYBURN. I ask that it may go to the calendar. For
one I want to give some consideration to it.
The VICE PRESIDENT. The bill will be placed on the
calendar.
.
..
G
PROTECTION OF M I S S I S S IP P I RIVER LEVEES.
Mi7 NELSON. From the Committee on Commerce I report
oack(favorably the bill (H. It. 23246) appropriating $300,000 for
1 jnrpose of maintaining and protecting against the impend■ K tvod the levees on the Mississippi River and rivers tributary
st • 1?’ anc* * suhmit a report (No. 622) thereon. I am in’
hy the committee to ask for the present consideration
°rth (4bill.
TheW ICE PRESIDENT. The bill will be read for the infor^ 10n\of the Senate.
g?
-the Secretary read the bill, as follow s: s f
herihJ* \ o c t e d , etc ., That the sum of $300,0Cfb be, and the same is
anm- ’ .a l\ j'0Pi'iated, out of any money in the Treasury not otherwise
acen\°in' laU\
to be under the direction op.'the Secretary of W ar, in
Miss! • ce \ i t h the plans, specifications, ;and recommendations of the
for *?slPPi Itiver Commission, as approved by the Chief of Engineers,
flonri
P
,urPc«e o f maintaining and oj&Iectirw against the impending
u tile lcV oosL nn th p Mississippi R iyef {
the M is s is s in n i R i j f f and rivers tributary thereto.
The VICE
ESIDENT. Is#- there objection to the present
consideration of\ h e bill? ^
here being no\pbject ion, ;’fhe bill was considered as in Com»httee of the W h < \
he bill was reported,.to the Senate without amendment.
ch‘i '.r HEYBURN. I^mink there is a word which should be
' uped. This is not aWimpending flood any more. The flood
np'n;er- As I undeystanoyt, this is merely taking care of the
TAe who have suffered nyfebie flood. Is not that true?
noli1 ^ R C Y . It has notnrag to do with taking care of the
/
-,P|e Who liaw^f suffered
3l0j r* H E Y I^R N . I merely as!5^d the question whether it is
suit < aW*wpriation to take c a r e W those who have already
lU
A letV # h ° floods, I understand, natjonger exist.
r0.
r* A He So n . It is not to take ca re W th e m otherwise than
’
rtain crevasses in the levees Temporarily. It is to
impending danger from the crevass
EYBURN. It was an impending dangfat. and the word
;ending ” undoubtedly described it correctlyW hen the bill
hrst introduced.
fi, • V CULLOiM. I hope the word “ im pending^. will be
*
stricken out.
inti- i MEYBURN. It was proper, it is true, when t
oduced, but the conditions now have passed.
NELSON. The bill was sent in on the suggestion of the
President in a special message. It was prepared in the depart
4843
ment as showing what they recommend. I think under it they
have ample power to relieve the immediate needs in reference
to the levees. It does not relate to the distribution of food or
supplies, hut is simply to repair certain breaks in the levees and
crevasses which have occurred; that is all.
Mr\IIEYBURN. According to the language o f the bill it is
an appropriation for the improvement o f the levees o f the river.
The in^nediate danger having passed, the money to be used for
the purpose o f repairing damages done amounts to an appro
priationjfor the improvement of the river, and it belongs more
properl.v%in the river and harbor bill. I f you strike out the
word “ impending,” then the money would only be expended to
repair damages already existing.
Mr. PES^CY. Mr. President, the Senator is under a misap
prehension fjabout the language of the bill as well as the scope
o f the bill. \ The flood is an impending flood. The danger has
not at all passed. No part of the appropriation is intended
either to aitt flood sufferers or to repair present crevasses in
levees. The llood is almost at its crest; there are about 1,100
miles o f levee^jine; and this money is an additional appropria
tion to the $35(&000 appropriated within the past week, of which
$310,000 has beRn expended. It is to fight the high water and
try to preserve $he Government levee.; which are in peril, a
peril which has rk> passed at all, but the peril increases with
t
the length o f tinm that the river at flood presses against the
embankments. Tk*| river at Cairo is to-day 2 feet higher than
the highest flood e\%‘ known, and it is higher down the entire
levee system than
ever known before. It is a life and
death fight to preserve those levees. It is for that purpose
that this appropriation goes and not for any permanent levee
work, and it does not f® on g in the river and harbor bil*.
Mr. WARREN. Let &ho bill be again read so that we may
know how it reads.
The VICE PRESIDENT), The Secretary will again read the
bill.
|
The bill was again read.
Mr. HEYBURN. No on&3 knows what is impending. We
know what has occurred. ; an; in thorough sympathy with the
appropriation covering all Hie necessities growing out of the
occurrences, but when you usa the word “ impending ” there it
looks only to the future in a ccfejectural way. W e should meet
the emergency, and I am in thorough sympathy with it, but the
word “ impending ” should not be in the bill.
Mi*. CULLOM. I suggest to the Senator to move to strike
it out.
'L
Mr. HEYBURN. I move to strikk out the word “ impending.”
Mr. NELSON. Mr. President, I regard that amendment as
wholly unnecessary. Striking out that word will necessitate the
bill going back to the House and delay somewhat its passage.
The flood is still impending. The river is still at high water
and the crevasses are existing. The object is to repair those
crevasses and give immediate relief.
A
The Committee on Commerce have uhSfeer consideration the
river and harbor bill, and there is an appropriation in that
bill, which the committee will perhaps increase, for the perma
nent improvement of the levee system of th^Mississippi River.
This bill has passed the House, and I think itlus in a condition
in which it ought to be passed in the Senate. \
Mr. HEYBURN. I would inquire when it parsed the House,
Mr. NELSON and Mr. PERCY. Yesterday.
The VICE PRESIDENT. On yesterday.
Mr. NELSON. It is a case of emergency whlfcli was com
municated by a special message from the President of the
United States, and, as I understand, the bill was really formu
lated in the department.
T
Mr. HEYBURN. Mr. President, I think I was % e —I be
lieve I was—when the message came in from the President of
the United States reciting the conditions existing mere. I
care nothing for the recommendations of the departingt, for
we are to act on our own responsibility here and not on T
sjtiat of
the department.
My only objection to the use of the word “ impending ’% vas
that it would be an appropriation not for protecting against
floods, because these floods come but once a year. T h islis
doubtless the high-water flood that comes annually from t%
melting of the snows on the upper rivers. That does not recuSfc
during the year. If it has made breaks in the levees, they ar<&
a proper subject for consideration by Hie committee and the\
G\
Congress in connection with the river and harbor bill, and they
should be amply provided for, but when you talk about
pending.” you mean something that is vet to come.
Mr. SHIVELY. Mr. President-----The Y ICE PRESIDENT. Does the Senator from Idaho yield
to the Senator from Indiana?
Mr. HEYBURN. Yes.
4844
CONGRESSIONAL RECORD-
SENATE.
April
---------- -------- /
Mr. SHIVELY. Does the Senator know how far or about
how far above New Orleans the crest of this flood now is?
Mr. HEYBURN. I have been reading every day about it
during my absence.
Mr. SHIVELY. I understand the flood is now 500 miles
above New Orleans. It is certainly impending.
Mr. NELSON. MY. President-----The VICE PRESIDENT. Does the Senator from Idaho yield
to the Senator from Minnesota?
Mr. HEYBURN. I do.
Mr. NELSON. The crevasses, which are immediately endan
gering the valley basins of the Mississippi River, are at Lake
Providence and one farther up the river. The water passing
through those two crevasses, which are on the west side of the
river, passes into what is known as the Tensas Basin, which
extends clear down to the mouth of the Red River and the
Atchafalaya, and threatens the whole valley, not only the
Tensas Basin, but the Atchafalaya Valley and the lower Teche
country. This is simply for immediate relief, to stop these
gaps. The rivers and harbors bill will provide for future
emergencies.
Mr. HEYBURN. If they exist, the word “ impending” is not
applicable; and if they do not exist, the word “ impending” is
conjectural. I merely wanted to call attention to it.
Mr. JONES. Mr. President, I simply desire to read from the
message of the President of the United States of yesterday
with reference to this matter, in which he said:
The crest of the flood is now reaching the lower portion of the Mis
sissippi where the country is flatter, and where the danger to the
levees is at least as great as above, and where the damage and loss to
persons and property, if crevasses occur, will be far greater than oil
the uppei* river, necessitating even a greater amount of relief work than
that already incurred.
So the danger is impending.
Mr. HEYBURN. I read in yesterday’s newspaper the reports
doubtless upon which the President acted, and I have been re
ceiving, through the courtesy of some publishers of the standarj
papers, marked copies of the papers describing the floods, w i "
pictures of the water, and its connection with the towns, aed
have given some attention to it out of a natural sympathy Jnd
some personal acquaintance with those who have been coijmiunicating with me here. My sympathies are all with any pleas
ure to relieve those people, but my sympathies are not jtith a
proposition that involves an anticipation of the repair o f works
where the d dmage has already been done. The picture-^I think
it was of Memphis—represented 13 feet of water up/bver the
front of the houses, and that some of the houses had broken
loose from their moorings and were floating aw a y./ That was
in yesterday’s dispatches; and 24 hours—I think Senators from
that section of the country will bear me out in say.|ifig—24 hours
makes a wonderful difference in the height of water. It will
drop 0 feet in 24 hours without any particular excitement, and
it will rise 6 feet within 24 hours.
3
Mr. CLARKE of Arkansas. Mr. President, Jifie Senator from
Idaho is scarcely as accurate as he usually is $hen he takes ex
ception to the employment of the word “ ifhpeiiding ” in the
connection in which it is used in this proposed act. It is a de
scriptive word, intended to describe the Existing flood. The
word “ existing” would be a better worp than “ impending.”
It is used in that sense, and the contex# explains exactly the
connection in which it is used, and develops perfectly the par
ticular connection in which the moneyjfs to be employed. The
flood is pending. The writer of th ejn ll used the word “ im
pending.” I do not know that I am Sufficiently advised of the
difference between the meaning of / h e two words to make a
choice between them, but there is /ertainly no choice between
them or any other synonym whiejf would justify the delay in
the passage of this bill a single nynute. It will not enlarge the
uses to which the money can be
oted, nor would it otherwise
compensate for the delay involved in it. If a thing of this character is to be done, it ought to
done quickly. Whilst I would
not say that the Senator is
percritical, I believe, if he will
read the bill over again, he
be more than delighted to withdraw his objection.
Mr. HEYBURN. I merqfy heard the bill read from the desk
The VICE PRESIDEN^. The question is on the amendment
offered by the Senator /tom Idaho [Mr. H e ybu rn ], to strike
out the word “ impendi
The amendment wasA’ejected.
The bill was orderi^fl to a third reading, read the third time,
and passed
ic>
By Mr. FOSTER:
A bill (S. 6371) to flx /h e status of officers of the Armv
fi
tailed for aviation dutwand to increase the efficiency 0f 5®*' >
1
aviation service; to tlu/Committee on Military Affairs'
^le
By Mr. SMOOT:
A bill (S. 6372) fujP the relief of Emma Kiener (with ac • *4 i
panying papers) ; tjrthe Committee on Claims. ' c'0lh- ■
By Mr. TOW NSfNI)
A bill (S. 6373llrto amend the laws relatin to the judiciary.
ig
to the Connnittep on the Judiciary.
By Mr. W AI|ON :
A bill (S. 6/T4) granting an increase of pension to j nf.i
H ale;
/
K
A bill (S./0375) granting an increase of pension to
A-dam
S. A. P oisal/and
A bill ( y 6376) granting an increase of pension to Geo'.
R. Lathaiyf (with accompanying paper); to the Committee
to the Crnnmu’
Pensions.
By M r/PENROSE:
A b i l /( S . 6377) granting a pension to Anna B. McCrinis
(with accompanying paper)j and
A h i/ (S. 6378) granting an increase of pension to Alb
Scliro/lcr (with accompanying papers) ; to the Committee ° rt
Pensi/ns.
0
11
■Mr. WILLIAMS:
Dill (S. 6379) granting an increase of pension to Gardn
P. /hornton (with accompanying paper) ; to the Committee °r
Pefsions.
°u
?y Mr. O’GORMAN:
#A hill (S. 6380) to incorporate the American Hospital
to the Committee on the District of Columbia.
‘
By Mr. JOHNSON of Maine (for Mr. G ardner ) ;
A bill (S. 6381) granting an increase of pension to
Chark
"A. Young (with accompanying papers) ; and
A bill (S. 63S2) granting a pension to Charles M. Gray (
with
accompanying papers) ; to the Committee on Pensions
By Mr. W ARREN:
A bill (S. 6383) to amend an act approved February io j jq0c.
entitled “An act to provide for an enlarged homestead” ; to (i ’
Committee on Public Lands.
’
le
CU M BERLAND
R IV E R , T E N N .
Mr. SANDERS (for Mr. L e a ) submitted an amendment, >
)ro
posing to appropriate $305,000 for improving the Cumberland
River below Nashville, Tenn., etc., intended to be proposed bv
him to the river and harbor appropriation bill (II. It. 21477/
which was referred to the Committee on Commerce and or
clered to be printed.
OMNIBUS CLAIMS BILL.
Mr. FOSTER submitted an amendment, intended to be r> A
r
posed by him to the bill (IL. R. 19115) making appropriationf' ^
payment of certain claims in accordance with findings of (1
°r
Court of Claims, reported under the provisions o f the
"
approved March 3, 1883, and March 3, 1887, and common]
known as the Bowman and the Tucker Acts, which was referr /
to the Committee on Claims and ordered to be printed.
e*
<
A M E N D M E N T S TO A P P R O P R IA T I O N B I L L S .
Mr. CHAMBERLAIN submitted an amendment, proposing t
appropriate $10,500, to be paid to the members of the Til]am00n
Tribe of Indians, Oregon, as their respective rights may apnoa
ptr> i n f p n r l e r l I n Itn n r n n n a n d hxr L iim I n I l m T n r H o n r .™ ,------ A
etc., intended to he proposed by him to the Indian approm-m*.- - A
K m / t_
t
T> o n r ’ o o \ . . . l . :
.
i'l- I L101]
bill (II. R. 20728), which _____ ____ j ; ______ ^ to n . . Committee L► In
was referred
the
on
n
dian Affairs and ordered to be printed.
Mr. WARREN submitted an amendment, proposing to in
crease the appropriation for the construction and mi t m e
ane m
of roads, trails, bridges, fire lanes, telephone lines, cabins
fences, and other improvements necessary for the proper and
economical administration, protection, and development of the
national forests, from $275,000 to $50 ,0 0, intended to be pro
0 0
posed by him to the Agriculture appropriation bill (II. R. 18960)
which was referred to the Committee on Agriculture and For
estry and ordered to be printed.
He also submitted an amendment proposing to increase the
appropriation for the purchase and distribution of valuable
seeds from $285,6S0 to $335,000, etc., intended to be proposed by
him to the Agriculture appropriation bill (H. R. 18960), which
was referred to the Committee on Agriculture and Forestry and
ordered to be printed.
He also submitted an amendment proposing to increase the
appropriation for the investigation and improvement of grain
B I L L S IN T R O D U C E D .
and methods of grain production from $75,765 to $85,746, etc. ;■
Bills were introduced, read the first time, and, by unanimous intended to be proposed by him to the Agriculture appropria- t j
consent, the second time, and referred as follow s:
tiou bill (H. R. 18960), which was referred to the Committee *
By Mr. NELSON:
on Agriculture and Forestry and ordered to be printed.
A hill (S. 0870) for the relief of Michael R. Morgan and
Mr. HEYBURN submitted an amendment proposing to appro
others; to the Committee on Claims.
priate $25,000 for the establishment of a fish-cultural station iu
1912.
CONGRESSIONAL R E C O R D -SE N A TE .
der Rule VIII, taking up unobjected bills. It was not a request
for unanimous consent, but a motion, which was carried. We
came to Calendar No. 391, Senate bill 2234, and objection was
made to its consideration. I desire to inquire if the Senate
can not by a vote take up that bill without violating any rule
of the Senate?
Mr. HEYBURN. Mr. President, the Senate can, by a vote,
lay aside the pending order and take up anything. My objection
was, the pending order having been determined by a vote of
the Senate, that it would continue before the Senate until it
was laid aside. There is no difficulty about it. The Senator’s
motion, unfortunately, did not provide or suggest the laying
aside of the pending order.
Mr. SMOOT. The Senator from Kansas, of course, has a
perfect right to move to lay aside the order o f the Senate.
Mr. HEYBURN. Certainly.
Mr. SMOOT. That would be the motion for the Senator to
make.
Mr. BRISTOW. Would not a motion to take up Senate bill
2234, if it carried, be laying aside the order?
Mr. SMOOT. That is not in order; but the Senator has a
right to make a motion to lay aside the order of the Senate,
and if the Senate so decides it would be all right.
Mr. CULBERSON. Mr. President-----The PRESIDING OFFICER. Does the Senator from Kansas
yield to the Senator from Texas?
Mr. BRISTOW. I do.
Mr. CULBERSON. I simply want to call attention to the
rule, which provides that:
A t the conclusion of the morning business for each day, unless upon
motion the Senate shall at any time otherwise order, the Senate will
proceed to the consideration of the Calendar of Bills and Resolutions,
and continue such consideration until 2 o’clock ; and bills and resolu
tions that are not objected to shall be taken up in their order, and each
Senator shall be entitled to speak once.
*
*
*
*
*
*
*
But upon motion the Senate may continue such consideration, and
this order shall commence immediately after the call for “ concurrent
and other resolutions.”
*
*
*
*
*
*
*
But if the Senate shall proceed with the consideration of any matter
notwithstanding an objection, the foregoing provisions touching debate
shall not apply.
(Jefferson’s Manual, sec. 14.)
or any other Senator to take up a bill would be equivalent to
laying aside the order which the Senate has made to take up
bills on the calendar under Rule VIII.
Mr. SMOOT. Mr. President, I wish to say that that question
has been ruled upon in the Senate many times heretofore. I
know that time after time when an order has been made to
take up unobjected bills on the calendar and a motion has been
made to take up a bill notwithstanding objection, it has been
ruled that under the order of the Senate sucll a motion was out
o f order.
Mr. BRISTOW. Mr. President, as I understand, that is al
ways when we are proceeding with unobjected bills on the
calendar by unanimous consent; but we are now proceeding
with the calendar under a motion. The Senate can by a vote
supersede that motion and take up any bill, and that sets aside
the special order. That is my understanding, and it is in har
mony with the ruling o f the Chair.
Mr. SMOOT. Is that the way the Chair rules?
The PRESIDING OFFICER. But the Senator from Kansas
('hair,'-"was in order, namely, to set aside the order heretofore
entered to proceed in order with the consideration of bills on
the calendar.
Mr. BRISTOW. Mr. President, I will withdraw that motion,
with the consent of the Senate, and move that we set aside the
special order and proceed with the consideration of Senate
bill 2234.
Mr. SMOOT. I ask the ruling of the Chair whether or not
ft
that motionHs in order?
le first part of that
Mr. HEYB1
motion would be in order. The Senator, however, presents two
motions, not one—one to dispose o f the existing status of busi
ness of the Senate, and then the Senator couples that with a
motion to take up a certain bill. If he will separate them, I
think the difficulty will be solved right there; but first you must
get rid of the existing order.
Mr. BRISTOW. I would prefer, first, a ruling upon my
motion. If the motion is in order, I would prefer it as it is.
Mr. SMOOT. Yes; I want a ruling upon that motion.
The PRESIDING OFFICER. In the opinion of the Chair
it is in order for a Senator to move to take up a bill, which
motion, if carried, is equivalent to setting aside the order which
the Senate has adopted.
Mr. LODGE. May I ask a question o f the Chair? Is the
Senate now considering the calendar by unanimous consent to
take up unobjected bills?
The PRESIDING OFFICER. N o; but by a motion to take up
unobjected bills on the calendar.
Mr. LODGE. By motion?
The PRESH9ING OFFICER. Yes:
Mr. OJHWER. I suggest the absence of a’ (fdor-um.
____RESIDING OFFICER. The Senator froffi Pennsylnia suggests the absence of a quorum. The Secretary will Qull
the roll.
*
The Secretary called the roll, and the following Senators a n -' m
swered to their names:
Showing that when we go to the calendar, under Rule VIII, a
single objection will not carry a bill over if the Senate sees
proper to proceed to the consideration of that bill notwith
standing the objection.
Mr. SMOOT. Mr. President, I wish to call the Senator’ s at
tention—
The PRESIDING OFFICER. Does the Senator from Kansas
yield to the Senator from Utah?
Mr. BRISTOW. I do.
Mr. SMOOT. I wish to call the Senator’ s attention to the
fact that the rule he has just read applies to the calendar, under
Rule VIII, when it comes up in its regular order— that is, be^
tween the morning hour and 2 o’clock—when the unfinished b
iness, if there be any, shall be laid before the Senate, bnp/the
unfinished business had been laid aside and the business*©!! the
Cummins
Myers
.
Sliively
Senate proceeded with until 4 o’clock, and then, upoiySnotion, Ashurst
Curtis
Nelson
Smith,’ Md.
the calendar was taken up for the consideration ofihills, to Bacon
Borah
Dillingham
O’Gorman
Smith, S. C.
which there was no objection. That was the order ojf the Sen Bourne
Fall
Oliver
Smoot
Gore
Overman
Stephenson
ate. Now, if the Senator from Kansas desires to ’ have the Bristow
Gronna
KOwen
Stone
order of the Senate laid aside, all he has to do is to make a Brown
Burnham
Heyhurn
Page
Sutherland
motion to that effect, and if the Senate want to lay the order Burton
Johnson, Me.
Perkins
Swanson
Catron
Jones
Poindexter
Thornton
aside they can do so.
Kern
Pomerene
Townsend
Mr. BRISTOW. Mr. President, to remove any doutist, I move Chamberlain
Clapp *
Lippitt
Rayner
Warren
that we lay aside the special order and proceed with thd regular Clark, W.yo.
Lodge
Reed
Works
Crawford
McCumber
Root
order, under Rule VIII. That will give every bill the rig^t that
Culberson
Martine, N. J.
Sanders
it is unhampered by the special order.
^
Mr. BURNHAM. I wish to announce that my colleague
Mr. HEYBURN. I suggest to the Senator that he separate.,
"G
the motion, that he make a separate motion to get rid of *1 a x l i n g e r ] is necessarily absent.
Mr. JOHNSON of Maine. My colleague CM*.' C akdnku ] is
existing business.
The PRESIDING OFFICER. The Senator from Kansas absent from the'Chamber because o f fJckness.
Mr. ASHURST. My colleague [Mr. S m i t h of Arizona] has
moves that the order taking up the calendar, adopted a short
just been called from the Chamber on important public business.
time ago, be now laid aside-----The PRESIDING OFFICER. Fifty-four Senators have an
Mr. BORAH. Mr. President, I have no objection to a motion
of that kind, but I never before have known it to be made in swered to their names. A quorum of the Senate is present.
Mr. SMOOT. I simply want to call the attention of the
the Senate. The proper motion, it occurs to me, would be to
move to take up the bill notwithstanding the objection, and the Senate-----Mr. BRISTOW. Mr. President, I believe the motion is not
adoption of that motion would put aside the present order.
Mr. BRISTOW. That is my view of it; but, as I understood, debatable.
Mr. SMOOT. I am simply calling the attention of the Sen
the Chair ruled otherwise.
The PRESIDING OFFICER. The Chair was about to state ate to the fact that there is an adverse report upon this bill.
Mr. BRISTOW. Yes; but the motion is not debatable.
that when the bill was reached on the calendar the request of
The PRESIDING OFFICER. The question before the Sen
the Senator from Idaho that it go over was equivalent to an
objection to that bill being considered. The Chair is of the ate is, Will the Senate take up Senate bill 2434 on the motion
opinion, however, that a motion by the Senator from Kansas of the Senator from Kansas?
4864
CONGRESSIONAL RECORD— SENATE.
A pril 16.
Mr. OLIVER. My colleague [Mr. Penrose] is necessarily ab
Mr. SWANSON. I note, that my colleague, the senior Sen
ator from Virginia, made an adverse report upon the bill, and sent and stands paired with the Senator from Mississippi [Mr.
I should think there is no necessity for its immediate con W illiams ].
Mr. CULBERSON. I transfer my general pair to the Senator
sideration. Of course, I wish to state to the Senate that my
colleague is detained at home by a very critical illness in his from Georgia [Mr. Sm ith ] and will vote. I vote “ yea.”
Mr. HEYBURN. I have a general pair with the senior Sen
family. I have no assurance that he will be able to be here
ator from Alabama [Mr. Bankhead ], I transfer the pair to
for several weeks.
Mr. BRISTOW^ Of course that statement leads inevitably to the Senator from Connecticut [Mr. Bkandegee] and will vote.
discussion. There are a number of the Senators present who I vote “ nay.”
Mr. SMITH of South Carolina. I have a general pair, as
are members of the committee. The report was a formal
announced, with the junior Senator from Delaware [Mr. Rich
matter from the Committee on the District of Columbia.
The PRESIDING OFFICER. The question is not debatable. ardson]. I transfer it to the Senator from North Carolina
The question is on agreeing to the motion of the Senator from [Mr. Simmons ] and will vote. I vote “ yea.”
Mr. CLAPP. On account of the transfer just made, I will
Kansas [Mr. B r is t o w ] that the Senate proceed to the considera
tion of the bill, the title of which has been stated. [Putting the vote. I vote “ yea.”
Mr. CURTIS. The junior Senator from Connecticut [Mr.
question.] By the sound the “ ayes” appear to have it.
McLean ] is paired with the Senator from Nebraska [Mr!
Mr. REED. Let us have a roll call.
The PRESIDING OFFICER. The Senator- from Missouri H itchcock].
Mr. OWEN. I transfer my pair with the Senator from South
demands the yeas and nays. Is there a second?
Dakota [Mr. Gamble] to the Senator from Nevada [Mr.. NewMr. REED. I withdraw the request.
lands] and will vote.
I vote “ yea.”
Mr. SMOOT. Let us have a roll call.
Mr. POINDEXTER. The senior Senator from Montana [Mr.
The PRESIDING OFFICER. The Senator from Utah re
Dixon ] is absent on important business. He is paired Math the
news the request for the yeas and nays.
The yeas and nays were ordered, and the Secretary pro junior Senator from Texas-JIAfaii B im ir ]
I f pj^sent. I am*
I
ceeded to call the roll.
Mr. CLAPP (when his name was called). Owing to the ab
'result was announced—yeas 32, nays 14, as fon ow a p v
sence of my pair, I withhold my vote for the present. If he
YEAS— 32.
\
were present, I should vote “ yea.”
Reed
Martine, N . J.
Culberson
Ashurst
Shively
Myers
Borah
Cummins
Mr. CULBERSON (when his name was called). I have
Smith, Ariz.
(/G orm an
Curtis
Bourne
general pair with the Senator from Delaware [Mr. du Porr
Smith, Md.
Fall
• Overman
Bristow
In his absence I withhold my vote.
’ Owen
Smith, S. CL
Brown
Gore
Gronna
Perkins
Thornton
Mr. DILLINGHAM (when his name was called). Owinafto Chamberlain
Clapp
Johnson, Me.
Poindexter
Townsend
the absence of the senior Senator from South Carolina Mr. Crawford
Kern
Pomercne
Works
T illman ], with whom I have a pair, I withhold my vote,
N AY S— 14.
Mr. FLETCHER (when his name was called). I am fired Burnham
Heybum
Page
Stephenson
with the Senator from Kentucky [Mr. B radley]. In h. ab- Burton
Lippitt
Root
Sutherland
Catron
Lodge
sence I withhold my vote.
Sanders
Oliver
Smoot
Mr. JONES (when his name was called). I am pair 1with Crane
NOT VO TIN G — 4 9 .
the Senator from Alabama [Mr. Johnston] and therefor fwithBacon
Dixon
Lea
Simmons
hold my vote.
Smith, Ga.
du Pont
Lorimer
Mr. LIPPITT (when his name was called). I have a gen Bailey
Smith, Mich.
Fletcher
McCumber
Bankhead
eral pair with the Senator from Tennessee [Mr. L ea ], w|ich I Bradley
Foster
Stone
McLean
Gallinger
Martin, Va.
Swanson
transfer to the junior Senator from Illinois [Mr. L orimerI, and Brandegee
Briggs
Nelson
Tillman
Gamble
will vote. I vote “ nay.”
Warren
Gardner
Newlands
Bryan
Mr. McCUMBER (when his name was called). I have a':gen- Chilton
Watson
Guggenheim
Nixon
Wetmore
Hitchcock
Paynter
eral pair with the senior Senator from Mississippi [Mr. P e r c y ] . Clark, Wyo.
Williams
Johnston, Ala.
Clarke, Ark.
Penrose
He being absent, I withhold my vote.
*
\
Cullom
Percy
Jones
Mr. SWANSON (when the name of Mr. Martin of Virginia Davis
Rayner
Kenyon
La Follette
Richardson
was called). I desire to state that my colleague [Mr. Martin J Dillingham
;.
is detained from the Senate on account of serious illness in his
family.
Mr. SMOOT. I move that the Senate adjourn.
Mr. ROOT (when his name was called). I have a pair wit;
The PRESIDING OFFICER. The question is on agreeing to
the senior Senator from Virginia [Mr. Martin]. He report*
the motion of the Senator from Utah that the Senate adjourn.
this bill adversely, I think. I do not know how he would v
[Putting the question.] In the opinion of the Chair the “ ayes ”
on this question. I, however, transfer the pair to the se
have it.
Senator from New Hampshire [Mr. Gallinger] and will v
Mr. B ristow, Mr. Poindexter, Mr. W illiams , and others k
called for the yeas and nays, and they were ordered.
I vote “ nay.”
’he Secretary proceeded to call the roll.
Mr. SMITH of South Carolina (when his name was called).
jILLINGHAM (when his name was called). Because
I have a general pair with the junior Senator from Delaware
of my pair*rrtready wm^ttacatL-X-nulI ipot vote— -------[Mr. R ichardson]. He being absent, I withhold my vote.
Mr. FLETCHER (when his name was called). I am paired
Mr. SWANSON (when his name was called). I should like
to ask if the junior Senator from Nevada [Mr. N ixon ] has with the Senator from Kentucky [Mr. Bradley], and on that*
voted? I have a general pair with him.
account withhold my vote.
The PRESIDING OFFICER. He has not.
Mr. BURNHAM (when Mr. Gallinger’s name was called).
Mr. SWANSON. I therefore withhold my vote.
I make the same announcement with respect to my colleague
The PRESIDING OFFICER (when Mr. T ownsend’s name [Mr. Gallinger].
was called). The present occupant of the chair has a general
Mr. CRAWFORD (when Mr. Gamble’s name was called).
pair with the junior Senator from Maine [Mr. Gardner]. I I desire to state that my colleague [Mr. Gamble] is necessarily
transfer the pair to my colleague [Mr. Smith of Michigan] and absent and that he has a general pair with the Senator from
will vote. I vote “ yea.”
Oklahoma [Mr. Owen ].
Mr. HEYBURN (when his name was called). I am paired
Air. WARREN (when his name was called). I have a gen
eral pair with the Senator from Louisiana [Mr. Foster]. I do with the Senator from Alabama [Mr. Bankhead ], I transfer
the pair to the Senator from Connecticut [Mr. B randegee], and
not see him in the Chamber, and withhold my vote.
Mr. WATSON (when his name was called). I have a gen will vote. I vote “ yea.”
Mr. JONES (when his name was called). I am paired with
eral pair with the Senator from New Jersey [Mr. Briggs], and
therefore withhold by vote.
the Senator from Alabama [Mr. Johnston]. I therefore with
I also desire to announce the unavoidable absence of my col hold my vote. I will let this announcement stand for the day.
Mr. SWANSON (when his name was called). As previously
league [Mr. Chilton], who is paired with the Senator from
Illinois [Mr. Cullom].
stated, I am paired.
The PRESIDING OFFICER (when Mr. Townsend’s name
Mr. WILLIAMS (when his name was called). I am paired
with the senior Senator from Pennsylvania [Mr. Penrose], If was called). I have a general pair with the junior Senator
from Maine [Mr. Gardner],
he were present, I should vote “ yea.” I withhold my vote.
The roll call was concluded.
Mr. WATSON (when his name was called). I make the same
Mr. BURNHAM. I make the same announcement as I did announcement with respect to my pair and will let it stand for
on the previous call as to my colleague [Mr. G a l l in g e r ].
the day.
1912
CONGRESSIONAL RECORD— SENATE.
4865
Mr. WILLIAMS (when his name was called). I again an
nounce my pair with the senior Senator from Pennsylvania [Mr.
The Secretary called the names of the absent Senators, and
Mr. B rown answered to his name when called.
Penrose].
The PRESIDING OFFICER.
Forty-eight Senators have
answered to their names. A quorum is present. The Secretary
The roll call was concluded.
Mr. OWEN. I transfer my pair with the Senator from South will call the roll on agreeing to the motion of the Senator from
Dakota [Mr. Gamble ] to the Senator from Nevada [Mr. N ew Kansas to proceed to the consideration of Senate bill 2234.
Mr. SMOOT. No business has intervened since then.
lands ] and will vote. I vote “ nay.”
Mr. CULBERSON. With the statement of my pair and mak
Mr. HEYBURN. Just a moment, Mr. President, I rise to a
ing the transfer, which I made a moment ago, I vote “ nay.”
question o f order. Did a quorum vote?
Mr. SMITH of South Carolina (after having voted in the
The PRESIDING OFFICER. A quorum responded present.
negative). Through inadvertence I voted when I should have
Mr. HEYBURN. A quorum answered to the roll call?
recognized my pair. I have a general pair with the junior Sena
The PRESIDING OFFICER. But not on the former vote.
tor from Delaware [Mr. R i c h a r d s o n ] and therefore withdraw
Mr. HEYBURN. I want to develop the fact ns to whether
niy vote.
we are counting a quorum or whether a quorum answered on
^ Mr. WARREN, I wish again to announce my pair with the the foil call.
Senator from Louisiana [Mr. F oster].
The PRESIDING OFFICER. A quorum has answered pres
The result was announced—yeas 10, nays 34, as-f^llows:
ent. Forty-seven Senators were present and on the call of
| absentees one other Senator answered, making 48, which is a
Y E A S — 10.
quorum. As the Chair understands it, the question is on the
Suthcrlan
Burnham
Lippitt
Root
Catron
motion of the Senator from Kansas [Mr. B ristow] that the
Smoot
Lodge
Heyburn
Stephenson
Oliver
Senate proceed to the consideration of Senate bill 2234.
Mr. BRISTOW. Which motion is not debatable.
N A Y S — 34.
Asliurst
Reed
The PRESIDING OFFICER. Unon this Question the ye
Crawford
Myers
Bacon
Sanders
Nelson
Culberson
nd nays h a w heee~ordcredr ~ T hd
V » II ' g lH f '( l i b" roTk
Borah
Shively
D'Gorm an
Cummins
The Secretary proceeded to call the roll.
Bourne
Smith, Ariz.
VOwen
Fall
Ir. DILLINGHAM (when his name was called). I again
Bristow
Smith. Md.
Gore
Page
Brown
Thornton
Pavnter
Gronna
announce my pair with the senior Senator from South Carolina
Burton
Works
Johnson, Me.
Perkins
[M4, T i l l m a n ] , who is absent, and I withhold my vote. I make
Chamberlain
Kern
Poindexter
Clapp
this?announcement for the day.
Pomerene
Martine, N. J.
Mr. FLETCHER (when his name was called). I again anNOT V O TIN G — 51.
nouifce my pair, with the Senator from Kentucky [Mr. B radley].
Bailey
Dillingham
La Follette
Simmons
SHIVELY (when Mr. H itchcock’ s name was called),
Bankhead
Dixon
Lea
Smith, Ga.
Bradley
du Pont
Lorimer
Smith, Mich.
junior Senator from Nebraska [Mr. H itchcock] is paired
Brandegee
Fletcher
McCumber
Smith, S. C.
the junior Senator from Connecticut [Mr. M cL ean ]. I
Briggs
Foster
McLean
Stone
this announcement for the day.
Bryan
Gallinger
Martin, Va.
Swanson
Chilton
Gamble
Newlands
Tillman
JONES (when his name was called). I again announce
Clark, W yo.
Gardner
Nixon
Townsend
mv^pair with the Senator from Alabama [Mr. Johnston ].
Clarke, Ark.
Guggenheim
Overman
Warren
Crane
Hitchcock
Penrose
W atson
i$Ir. SMITH of South Carolina (when his name was called).
Cullom
Johnston, Ala.
Percy
Wetmore
I 'again announce my pair with the junior Senator from Dela
% Curtis
Jones
Rayner
W illiam s
ware [Mr. R ichardson]. I will let this announcement stand
\D avis
Kenyon
Richardson
for the day.
\ S o the motion to adjourn was rejected.
Mr. STONE (when his name was called). I have a general
Mr. LODGE. No quorum •
'
.,
pair with the senior Senator from Wyoming [Mr. Clark ]. He
Mr. SMOOT. Ko, qUMUml
has been called from the Senate Chamber on important busi
Mr. BRISTO L. T suggest that, according to the ruling of ness. I withhold my vote.
Vhe Vice President, if the number of votes cast and the Senators
Mr. SWANSON. I again announce my pair with the junior
C-ho addressed the Chair stating their pairs combined constitute Senator from Nevada [Mr. N ixon ], and I will let this an
<
a quorum, a quorum of the Senate is present. That is a ruling nouncement stand for the dav.
which the Vice President has made, and the Senate has done
The PRESIDING OFFICER (when Mr. T ownsend’s name
business. It has been objected to, but it is the ruling of the was called). I am paired with the junior Senator from Maine
Vice President.
[Mr. Gardner], and therefore withhold my vote.
Mr. CULBERSON. I should like to say that Senators on this
Mr. WILLIAMS (when his name was called). I transfer my
side of the Chamber have frequently protested against that pair with the senior Senator from Pennsylvania [Mr. Penrose]
ruling.
to the senior Senator from Arkansas [Mr. Clarke] and vote.
Mr. SMOOT. Call the roll for a quorum.
I vote “ yea.”
Mr. LODGE. The point of no quorum having been made, the
The roll call was concluded.
only thing in order, I think, is to call the roll.
Mr. OWEN (after having voted in the affirmative). When
Mr. HEYBURN. If calling the roll is for the purpose of my name was called I inadvertently voted. I am paired with
enabling the Chair to count a quorum, then I think it is not the Senator from South Dakota [Mr. Gamble]. I transfer that
proper.
pair to the Senator from Nevada [Mr. N ewlands] and vote. I
Mr. LODGE. I make the point that the point is not debatable. vote “ yea.”
Mr. HEYBURN. What point?
Mr. BURNHAM. Has the junior Senator from Maryland
Mr. LODGE. The point that there is no quorum.
[Mr. Sm it h ] voted?
Mr. HEYBURN. I did not understand the Senator from
The PRESIDING OFFICER. He has not.
Massachusetts to make that point.
Mr; BURNHAM (after having voted in the negative). I
Mr. LODGE. I have made it several times.
have a general pair with the junior Senator from Maryland
Mr. IIEYJilJRN. I understood the Senator to ask for a call [Mr. Sm it h ], and therefore withdraw my vote.
of
I would join him on the other proposition.
Mr. CHAMBERLAIN. I should like to ask if the junior SenarJM; PRESIDING OFFICER. The Secretary will call the roll. 4 tor from Pennsylvania [Mr. Oliver] has voted.
Tlie Secretary called the roll, and the following Senators \ The PRESIDING OFFICER. He has not.
.Jthswered to their names:
$Ir. CHAMBERLAIN. 1 have a general pair with the junior
Senator from Pennsylvania^ H . I were permitted to vote, I
.-’Ashurst
Fall
(VGorman
Smith, S. C.
f Borah
Fletcher
/Overman
Smoot
w t*ld vote “ yea.”
Bourne
Foster
VOwen
Stone
Mr. CtJLBERSON. With the anouncement ? f hvy pwir and
Bristow
Gore
Page
Sutherland
lent
I
“ yea.”
tlnfftransfer which I made a moment ago, i vote " yea
Burnham
Gronna
Perkins
Swanson
Burton
Heyburn
Poindexter
Thornton
The result was announced—yeas 30, nays 4, as follow s:
Catron
Clapp
Crawford
> Culberson
.Cummins
Dillingham
Johnson, Me.
Jones
Kern
Lodge
Martine, N. J.
Myers
Pomerene
Reed
Root
Shively
Smith, Ariz.
Smith, Md.
Townsend
Warren
W atson
W illiam s
Works
A
The PRESIDING OFFICER. Forty-seven Senators have
answered to their names—not a quorum.
Mr. BRISTOW. I ask fo r a call of the absentees.
The PRESIDING OFFICER. The Secretary will call the
names of the absent Senators.
j
Ashurst
Borah
Bourne
Bristow
Brown
Clapp
Crawford
Culberson
Burton
Y E A S — 30.
Cummins
O’Gorman
Overman
Fall
^Owen
Gore
TPage
Gronna
Perkins
Johnson, Me.
Poindexter
Kern
Pomerene
Martine, N. J.
Keed
Myers
N A Y S — 4.
Lippitt
Catron
Shively
Simmons
Smith, Ariz.
Thornton
W illiam s
Works
Smoot
CONGRESSIONAL RECORD— SENATE.
H i.
rW J
Bacon,
Bailey
Bankhead
$
Bradley
;;
Brandegee
$
Briggs
I
Bryan
*
Burnham
J
Chamberlain
f
Chilton
1
Clark, Wyo.
i Clarke, Ark.
% Crane
4 Cuilom
X Curtis
•P a vis
NOT VOTING— 61.
Dillingham
Lodge
Dixon
Lorimer
du Pont
AlcCumber
Fletcher
McLean
Foster
Martin, Ya.
Gallinger
Nelson
Gamble
Newlands
Gardner
Nixon
Guggenheim
Oliver
Heyburn
Paynter
Hitchcock
Penrose
Johnston, Ala.
Percy
Jones
Rayner
Richardson
Kenyon
La Follette
Root
Sanders
Lea
Smith, Ga.
Smith, Md.
Smith, Mich.
Smith, S. C.
Stephenson
Stone
Sutherland
Swanson
Tillman
Townsend
Warren
AVatson
Wetmore
A pril ig
The PRESIDING OFFICER. The Senator from Kansas
moves that the Sergeant at Arms be directed to request the
attendance of absent Senators.
The motion was agreed to.
Mr. SMOOT. I move that the Senate do now adjourn.
Air. BRISTOW. I ask for a ruling of the Chair. Is it in
order to move that the Senate adjourn whpn tho motion has
just brui/upmirii Irirnfr M
il
at ATlh’s be directed
cnieet-Hre attendance of absent Senators?
f ]Mr. SAIOOT. Under Rule V of the Senate-----f The PRESIDING OFFICER. The Chair is of the opinion
.that the motion to adjourn is in order. The question is on the
o|jon of the Senator from Utah, that the Senate do now ad■*Tn. [Putting the question.] The noes appear to have it.
iTQOT. I call for the yeas and nays.
The yea sa m f ways were ordered, and theJSeeretaty proceeded
to call the roll.
Air. BURNHAAI (when his name was called). I have a gen
eral pair with the Senator from Alary land [Air. S m i t h ], j a
his absence I withhold my vote.
Air. FLETCHER. I announce my pair as before with the
Senator from Kentucky [Air. B radley ],
Air. FOSTER (when his name was called). In view of the
absence of the Senator from Wyoming [Mr. W arren ], with
whom I am paired, I withhold my vote.
Air. SA1ITPI of South Carolina (when his name ivas called).
I again announce my pair with the Senator from DelaAvare [Air.
The PRESIDING OFFICER. Not a quorum lias voted
Mr. BRISTOW. Mr. President, I make tlie point tha
quorum wa&: Rqyeloped by the roll call immediately,^pseffeaing
this vote, and because
•prcs'fiit and some
Senators saw fit not to vote it certainly does not demonstrate
that there is not a quorum in the Chamber.. The roll call has
just demonstrated that there is a quorum present.
Mr. SMOOT. A good many Senators were in the Chamber on
the former call who are not present now and therefore did not
vote on the last call.
Mr. BACON. Mr. President-----The PRESIDING OFFICER. Does the Senator from Kansas
yield to the Senator from Georgia.
Mr. BRISTOW. I do.
R ich ard so n ].
Mr. BACON. I simply wish to say to the Senator from
Air. STONE (when his name was called). I again announce
Kansas that his proposition is one than which no more dan my pair Avith the Senator from Wyoming [Air. C l a r k ].
gerous could be submitted to the Senate, one that the Senate
Air. SWANSON (Avhen his nam e Avas called). I announce my
never has heretofore countenanced, and which I hope no Sen pair again w ith the Senator fro m Nevada [Mr. N ix o n ].
ator in any exigency will countenance, that any measure can
The PRESIDING OFFICER (when All*. T o w n sen d ’ s name
pass the Senate without receiving a majority of a quorum, with was called). I announce my pair with the junior Senator from
a quorum voting on that particular vote. I will say that to Alaine [Air. Gardner ].
establish a precedent to the contrary of that and have it become
Air. WILLIAA1S (when his name was called). Transferring
the rule of the Senate would not only be revolutionary, but it my pair with the senior Senator from Pennsylvania [Air. P en
would be dangerous in the extreme. However it may seem like rose ] to the senior Senator from Arkansas [Air. C l a r k e ], I vote
an immaterial matter on a comparatively immaterial question “ nay.”
like this, it might come home to worse than plague us when
The roll call was concluded.
the gravest interests A
vere at stake.
Air. HEYBURN (after having voted in the affirmative). I
Therefore I trust that no such ruling will be made by the voted without realizing that this is a party question. I am
Chair, and that no such ruling will be sanctioned by the Senate. paired with the senior Senator from Alabama [Air. B a n k h e a d ].
Mr. BRISTOW. Mr. President, do I understand the Chair to I transfer that pair to the senior Senator from Connecticut [Air.
rule that no quorum having voted, therefore there is not a B randegee ] and vote. I vote “ yea.”
quorum of the Senate present?
Air. BACON (after havlfig voted 111 the negative ). I notice
The PRESIDING OFFICER. The Chair has not ruled on that the Senator from Alinnesota [Air. N elso n ]" met hot vote. I
the question.
Mr. BACON. I understand the parliamentary situation to be have a general pair Avith him and I withdraw my vote, and let
simply this, that no quorum having voted on the particular this announcement stand for the balance of the day.
The result was announced—yeas S, nays 28, as follows:
\
vote taken no decision has been arrived at by the Senate; that
Y E A S — 8.
is all.
Heyburn
Oliver
Smoot
Mr. SHIVELY. And that nothing is before the Senate except Burton
Fall
Lippitt
Overman
Thornton
a motion to adjourn or to procure a quorum.
N AY S— 28.
Mr. BRISTOW. I move that the Sergeant at Arms be di
Clapp
Kern
Ppmerene
rected to request absent Senators to appear in the Senate Cham Ashurst
Borah
Crawford
Alartine, N. J.
Reed
ber. That is under the rulfis, and is a proper motion.
Bourne
Culberson
Myers
Shively
Cummins
O’Gorman
Mr. HEYBURN. That can only be done after a call of the Bristow
Simmons
Brown
Gore
Page
Smith, Ariz.
absentees.
Catron
Gronna
Perkins
Williams
Mr. POINDEXTER. Mr. President, a parliamentary inquiry. Chamberlain
Johnson, Me.
Poindexter
Works
On a vote such as has just been taken, when it appears that
NOT VO TIN G — 59.
there is no quorum present, does that invalidate and rpake of Bacon
Dillingham
Lodge
Sanders
no effect the vote when no point is made?
Dixon
Lorimer
Bailey
Smith, Ga.
du Pont
McCumber
Smith, Aid.
The PRESIDING. OFFICER. The Chair would like to-hear Bankhead
Fletcher
McLean
Bradley
Smith, Mich
the Senator from Washington, and he asks the Senate to be in Brandegee
Foster
Alartin, A
ra.
Smith, S. C.
order.
Gallinger
Nelson
Briggs
Stephenson
Gamble
Newlands
Stone
Mr. POINDEXTER. My inquiry is simply whether it is Bryan
Gardner
Nixon
Burnham
Sutherland
necessary that some Senator should make the point of no Chilton
Guggenheim
Owen
Swanson
quorum in order to render the vote invalid?
Hitchcock
Paynter
Tillman
Clark, Wyo.
Johnston, Ala.
Penrose
Townsend
The PRESIDING OFFICER. The Chair thinks it is not Clarke, Ark.
Percy
Jones
Warren
Crane
necessary to make any such point.
Rayner
Kenyon
Watson
Cuilom
Mr. POINDEXTER. Is the vote always o f no effect when Curtis
Richardson
La Follette
Wetmore
Root
Lea
Davis
there is no point made?
So the Senate refused to adjourn.
The PRESIDING OFFICER. The Chair so understands it,
^
Air. BRISTOW. Mr. President-----that if the roll call discloses that a quorum is not present, it is
Air. HEYBURN. I raise the question that no (quorum is dis
not necessary that anyone should make the point.
Mr. BRISTOW. I desire to say that the records of this body closed by the vote.
Air. BRISTOW. Air. President, as I uhrlcrstand. the motion
will show that frequently bills have been passed and amend
ments adopted by less than a quorum pffesent on a viva voce was carried directing the Sergeant at Arms to request absent
Senators to appear.
vote or on a division.
, The PRESIDING OFFICER. The Senator Js correct. The
Air. HEYBURN. Not on a roll c a ll /
Mr. BRISTOW. I dp not k n ow ,'# to, a..-roJl call. I move, Sergeant at Arms wifi execute the order RLU -'
•Mr, /HEYBURN. Air. President, I do not se
that the Sergeant at Arms be directed to request Senators ab
w t l i / Sorg e a n /a t Arms can readily do that until the ames Of the
sent to appear ih the Chamher.
/ /
Air. HEYBURN. That is generally preceded by a call of the absentees are called.
Mg. BROWN. I rise to a ,point of order.
absentees in order that it may be determined who is abse:
. . . . .
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1912
CONGRESSIONAL RECORD— SENATE
which will he taken to-morrow under a filing of 160 acres. Of
course .some of the land which was taken 10 years ago is worth
from $40 to $50 an acre, and some of that which was taken 25
years afgo is now worth $75 an acre.
Mr. SMOOT. Mr. President-----The w ICE PRESIDENT. Does the Senator from North Da
kota yitld to the Senator from Utah?
Mr. McCUMBEIt. I do.
' Mr. SMOOT. I wish simply to explain to the Senator that
no land \n North Dakota can be taken up under the enlargedhomesteall law unless it has been designated by the Secretary of
the Interfor, so that all of the balance of the lands in North
Dakota— A
Mr. McCgJMBER. That is the'information that I wanted to
get—whether that is clearly protected, so that ail will be treated
alike.
%
Mr. SMOAT. Certainly; an<I no entryman in North Dakota,
after the bill passes, can talds more than 160 acres until the
Secretary of %ie Interior makjfs an investigation and designates
that land, so lh at it can be liken up under the enlarged-home
stead la w ; or,$jn other wordS, if the conditions are such in the
judgment of tlif Secretary d? the Interior that the land can not
be cultivated a% the land Jbrmeriy taken has been cultivated,
then he designates how itdPan be taken up under the enlargedhomestead act.
Jv
'
Mr. McCUMBIfR. I cfm see, Mr. President, a good reason,
taking the Bad Hands as I know them, why in many instances
double the acrea^fe m ig® be allowed, because in taking double
the acreage the cl&mawt would not receive a greater amount of
land that he coult* cultivate and use than under the old law.
I agree with the Seuftor entirely, if the bill is so restricted
and so guarded that jpie man will not get 160 acres of a given
character of land ftgr a homestead and his neighbor get 320
acres.
M
Mr. GRONNA. M&President, there is such a provision, and
it is in the original law . This bill does not change the original
la w ; it simply apples% ie law to North Dakota the same as it
has been applied i o ‘other States.
The bill was reported to the Senate as amended, and the
amendments were:poncut*|ed in.
The bill was ordered touje engrossed for a third reading, read
the third time, and passed^.
The- title was amended so as to read: “ A bill to amend sec
tion 1 of an act entitled %n act to provide for an enlarged
homestead,’ approved February 19, 1909.”
4903
the entryman to his homestead the fact that he may have made
a contract to sell a portion of the same to said company as a
site for a station and grounds shall not be construed against his
right to the lands covered by his entry, as such tract appears to
be the only available site for a railway station, which said rail
road company has been directed to establish by the State Rail
road and Warehouse Commission of Minnesota,” so as to make
the section read ;
jf
Sec . 2. That the Secretary of the Interior shall set aside the sum
received for said tract of land and hold the same to he paid to Herbert
Sanborn, provided his homestead application for said southwest quarter
of section 35, township 161, range 32, is proved, and in determining
the right of^ b e entryman to his homestead the fact tbps he may have
made a contract to sell a portion of the same to said company as a
site for a station and ground shall not be construed/against his right
to the lands colored by his entry, as such tract appeals to be the only
available site fOl^a railway station, which said
................
.___ company has
been_ directed to S&tablish by the State Rail road.«hd Warehouse Com
mission of Miniielftta. Should said homestead Application be finally
disallowed, then saidisum shall be paid by the iigpretary of the Interior
to the Secretary of t fia Treasury.
ju
The amendment wks agreed to.
Mr. HEYBURN. mV President, I
the Senator in charge
of the bill whether thaUmst provision
tick protects the homesteader or the man holdiif||Lan inebo
title against the charge
that lie is not entitled to afyiatent ?cause he has alienated a
right of way?
part of his land, goes further
f way, and it is because of
Mr. CLAPP. Just on this
this agreement that his
the fact that inadvertently he
homestead entry has been held
know.
Mr. HEYBURN. That is i
that should not be
Mr. CLAPP. I think it is
counted against him.
The bill was reported tg$
amended, and the
amendments were concurre*rin.
The bill was ordered to.;|fe engrossed for a
rd reading, read
the third time, and passofll
The title of the bill w is amended so as to
A bill authorizing the SecretarwJof tlie Interior to convey
ertain tract
o f land to the Minnesota & Manitoba Railroad Co.
B IL LS A N # 'J O I N T RESO LU TION INTRODUCED.
\
Bills and a join#resolution were introduced, read the first
time, and, by unafflmous consent, the second time, and referred
as follows:
By Mr. SUTHERLAND:
A bill (S. 6^07) granting an increase of pension to Edwin J.
Trowbridge (with accompanying paper) ; to the Committee on
Pensions.
?
M IN N E S O T A & M A N IT O B A BAILBOAD CO.
B y Mr. R O O T :
Mr. JONES.! I am direct®! by the Committee on Public
A bill (S- 640S) for the relief of Margaret McQuade (with
Lands, to which was referred t&e bill (S. 5548) authorizing the accompanying paper) ; to the Committee on Claims.
Secretary of $ie Interior to convey a certain tract of land to
By Mr. GRONNA:
the Minnesota?& Manitoba Railway Co., to report it with amend
A bU-t (S. 6409) granting a pension to John Mooney (with
accomjKinying papers) ; to the Committee on Pensions.
ments, and I Submit a report (N<%632) thereon.
_Mr. CLAPP. I ask imanimous|feonsent for the present con
By/M r. DAVIS:
A bill (S. 6440) gntiiflng'aii increase o f pensiOTi to Geoxgp, W«
sideration ojFthe bill.
The VICH PRESIDENT. The Senator from Minnesota asks Robinson; to the Committee on Pensions.
unanimous iconsent for the preseilt- consideration of the bill
By Mr. OW EN:
A bill (S. 6411) for the relief of certain Shawnee and Dela
just reportfd, which the Secretary will read for the information
ware Indians; to the Committee on Claims.
of the Senate.
,
®
The Secretary read the bill, and, thdre being no objection, the
By Mr. DU PONT:
.......
Senate, a 1 in Committee o f the Wholes proceeded to its consid
A' joint
(S. J. Res. WTj''VffftT^rfcing the PceSRIont
to reassemble tlie court-martial which, on August 16, 1911, tried
eration. #
The bi|! had been reported from the - Committe on Public Ralph I. Sasse, Ellicott H. Freeland, Tattnall D. Swfipkins, and
Lands with amendments. The first amendment was, in section James D. Christian, cadets of the Corps of Cad^fefc of the United
1, line 5|before the word “ Company,” to^trike out “ Railway ” States Military Academy, and sentenced thern; to the Com
and insert “ Railroad ” ; in line 10, after the word “ station,” to mittee on Military Affairs.
insert “Kind grounds ” ; in line 1 1 , before the word “ hundred ”
BILL.
A M E N D M E N T TO I M M IG R l
Where if occurs the second time, to strike out “ five” and insert
Mr. GORE submitted an am endrfht requiring immigrants
“ fifteeiji ” ; and at the end of line 13, after the word “ Interior,”
oming into tlie United States fr-.# any foreign country to erato strilfc out the period and insert a comma and the following
ark upon vessels of AmericjU#registry, etc., intended to be
words f the price to be paid by said railroad-company to be not
roposed by him to the bill
3175) to regula.te the immigrnless tlfm the sum that may have been heretofore agreed upon
ion of aliens to and the rejpence of aliens in the United States,
between the entryman and said railroad company,” so as to
-l,ich was ordered to liejm the table and be printed.
make ilie section read:
T h a i the Secretary of the Interior is hereby authorized, upon such
terms jhs he may deem advisable, to convey to the Minnesota & Mani
toba Ilailroad Co., a corporation created and existing under the laws oi
the State of Minnesota, a tract of land adjacent to the right of way of
said failroad, in the southwest quarter of section 35, township 161,
range/32 west of the fifth meridian, as a site for a station and grounds;
said tract to be not more than 200 feet wide and 1,500 feet long, the
location and size of said tract to be determined by the Secretary of the
Interior, the price to be paid by said railroad company to be not less
than the sum that may have been heretofore agreed upon between the
entryman and said railroad company.
The amendment was agreed to.
The next amendment was, in section 2, page 2, line 6, after
tlie word “ proved,” to insert “ and in determining the right of
AMEND MEJjjSiS TO APPR O PRIATIO N
B IL L S.
Mr. JONES subnnrfred an amendment proposing to appropriate
50 000 for tlie establishment on the coast of the Pacific States
station for thgfTnvestigation of problems connected with the
larine fishery Jfiterests of that region, etc., intended to be proosed by himrffo the sundry civil appropriation bill, which was
eferred W x h e Committee on Fisheries and ordered to be
rinted. J?
Mr. PjItlGGS submitted an amendment relative to a survey
f Newark Bay and Passaic River, N. J., etc., intended to be
roposed by him to the river and harbor appropriation bill
4964
CONGRESSIONAL RECORD— SENATE.
A pril 18
The Panama Canal hill reported to the House of Representatives
Congress of the United States, as house hill No. 21969, contains in seel
tion 11 an amendment to section 5 of the interstate-commerce act, as
follows :
“ From and after the 1st day of July, 1913. it shall be unlawful fop
any railroad company or other common carrier subject to the act to
regulate commerce, to own, lease, operate, control, or have any interest
whatsoever (by stock ownership or otherwise, either directly, indirectly
through any holding company, or in any other manner) In any common
carrier by water with which said railroad or other carrier aforesaid
does or may compete for traffic ; and in case of the violation of this
M ESSENGER TO CO M M ITTEE ON EXPENDITURES IN T H E INTERIOR
provision each day in which such violation continues shall be deemed
DEPARTM EN T.
a separate offense.”
This is followed by a provision in substance that any railway con
Mr. CATRON submitted the following resolution (S. Res.
trolling a water carrier engaged in foreign tragbe and having through
280), which was read and referred to the Committee to Audit rates and facilities with it, shall, upon request, provide like po^rt
and Control the Contingent Expenses of the Senate:
facilities, connections, and joint through ra^fcs for and in connection
Resolved, That the Sergeant at Arms of the Senate be, and he is with any water carrier engaged in the lake, river, or coastwise trade
of the United States, including trade through the Panama Canal.
hereby, authorized to employ a messenger at the rate of ij>l,440 per
The enactment of such legislation would be detrimental to the port
annum for the Committee on Expenditures in the Interior Department,
to be paid from the contingent fund of the Senate until otherwise of Boston and to the transportation oMioth passengers and commodities
of the Commonwealth.
It is certainly unwise as an Incident to the
provided for by law.
regulation of traffic through the Panama Canal to enact a drastic
SPRING P.OAD N W ., IN THE DISTRICT OF COLUMBIA.
change affecting transportation facilities and methods whose develop,
ment in New England covers nearly a century
Mr. GALLINGER. I move that the House, of Representa steamship lines and their control by railroads iswhere the connection of
as old as the construc
tives be requested to return to the Senate the bill (S. 5333) to tion of the railroads themselves. This bill commands the disruption of
authorize the widening and extension of Spring Road NW., and serviceable and efficiently operated transportation systems involving, je
the compliance of law
more than in
for other purposes, and I will make a motion to reconsider the properties, probably in is to becases at a loss,form, the sale of valuable
many
many of which can net
vote by which the bill was ordered to be engrossed for a third be operated independently with the same degree of efficiency as at the
J
reading, read the third time, and passed, when it shall have present time.
American railway interests under
been returned to the Senate. I want to say that in my absence a Such legislation threatens to placewith Canadian railways. It has
severe handicap Iff competition
the bill was passed on Tuesday last, and the committee had been the distinct pqttcy of the Canadian Government to-encourage and
arranged for a hearing on the bill. It is for that reason I ask assist Its railways.?™ the development of steamship facilities. A provision having t h i /i n view is incorporated in the contract of July 29
for its return.
1903, between
The VICE PRESIDENT. Without objection, the motion to Railway \_u. Jtlje Dominion Government and the Grand Trunk Pacific
tinvaji Co.
r
request the House of Representatives to return the bill is agreed
At the headings before the Committee on Interstate and ForeDn
to. The Senator from New Hampshire enters a motion to re- __unmerce it..nvas testified that “ the entire transportation of Canada
and Japan is
Canadian
■ consider the votes by which the bill was ordered to a third with Englandare one of the In the hands of the companies Pacific Rail
road. They
largest ship-owning
on the con
tinent of .North America, and they are closely followed by the Grand
reading and passed.
Trunk.” /
REGULATION OF IM M IG R A T IO N .
Considering the vast extent of the financial assistance given by the
Mr. BRANDEGEE. I present a statement from the Cunard Canadian Government to its railroads and the distinct tendency of its
policy regarding steamship connections up to this time, there is no
Steamship Co. calling attention to certain administrative fea indication that the early future will see any change of policy in this
tures of the pending immigration bill. I move that the state regard. The result of the proposed restriction of American railways
therefore may he a severe discrimination against them.
ment be referred to the Committee on Immigration.
It is not suggested that our Government should in any way change its
The motion was agreed to.
policy in the direction of restricting our railways in the ownership or
control of vessels engaged in the foreign carrying trade, whether
P A N A M A C A N AL TRAFFIC AND TOLLS ( S . DOC. NO. 5 7 5 ) .
through the Panama Canal or not. That such ownership or control,
Mr. BRANDEGEE. I ask that the paper which I send to the especially on the Pacific Ocean, has been much to the benefit of our
foreign commerce is not denied.
desk be printed as a public document, and that 5,000 extjra
It is obvious that in many cases the enterprise of a railway company
copies thereof may be printed. The document consists of fqur in establishing foreign steamship lines might depend, to a great extent,
chapters of the report of the special commissioner appointed upon its opportunities for operating domestic steamship lines in connec
them. The use of common
at
by the President to investigate the subject of tolls for vessels tion withports of foreign-bound vessels, wharf facilities, the stopping an
domestic
and other factors might have
passing through the Panama Canal. It is of great interest to important bearing; yet it is proposed in this legislation to deny to our
the public generally, and there will be a great demand for it. railroad companies the privilege of operating such lines— a restriction
which may
There is one other chapter which I will add later and which has our foreign operate, as indicated, in very undesirable ways as respects
commerce.
not yet come up from the office.
The argument which has apparently brought about this amendment to
Mr. SMOOT. Did the Senator request that 5,000 additional the interstate-commerce law is the fear that railroad owned or oper
ated vessels will be in a position to control coast traffic through the
copies be printed?
Panama Canal. These arguments allege that railway companies would
Mr. BRANDEGEE. Yes.
be in a position to, by drastic reductions in rates, drive independent
Mr. SMOOT. For the use of the Senate or for the use of the competitive lines out of business, and also wherever railroad companies
own or control steamship lines it is the tendency for rates on such lines
committee?
to be finally adjusted at a level above the normal for water carriage.
Mr. BRANDEGEE. Well, I do not care which. I would just
It is believed that this danger is not a serious one and, moreover it
as lief have it printed for the use of the enfflre Senate. I am could be entirely obviated by giving certain discretionary powers to the
canal administration.
sure that as soon as it is known that the document is published
Hon. Henry L. Stimson, Secretary of W ar, said in his testimony
every commercial body and every railroad and steamship line before the committee, “ My own opinion is that to simply prohibit lines
in the country will desire copies of it. I am perfectly willing which were partly owned or controlled by railroad lines from using tlm
to discriminate against
to have it go to the document room and be equally divided be canal orbelieve in it myself. I them woulditbe an ineffective remedy t
do not
have seen
tried in the case of com
tween all Senators.
peting railroads, and our experience has been that it has never worked
Mr. SMOOT. I think it would be better to have it go to the I am pleased to say that the President, who last year (1911) recom
mended that, on further reflection has changed his view and does not
document room for the use of the Senate.
think now’ that it w
’ould be the most effective w ay of treating the prob
r
The VICE PRESIDENT. In the' absence of objection the lem. Col. Goethals has expressed himself to the effect that this legis
document will be printed as requested, and 5,000 additional lation is not necessary, and that any difficulties can be met when they
copies will be printed for the use, o f the Senate document room. arise.”imposing the restriction in question upon railroads in respect to
In
The order as agreed to was reduced to writing, as follows:
“ any common carrier by water with which said railroad * * *
Ordered. That there be printed for the use of the Senate 5,000 addi does or may compete for traffic,” the proposed law is vague and in
tional copies of the prelim inary/statem ent of Emory R. Johnson on definite. It does not state what circumstances constitute competition.
Panama Canal Traffic and T o lls / with illustrations.
It makes no distinction betwen a case such as that of the Bong Island
Sound lines, operating between the same points as the controlling rail
O W N E R SH IP OF STEA M SH IPS^' PA SSIN G TH RO U GH P A N A M A CA N AL.
road and steamship lines which might possibly be considered competi
tive ’ in
forming a small connecting link in
Mr. BRANDEGEE. I ^present a set of resolutions adopted through a sense, because the controlling railroad is also a part.a long
route of which
The
by the directors of the p p t of Boston in relation to the question result of this vagueness might be to forbid the establishment of a
of the ownership by l^filroads of steamships passing through steamship lino which in the promotion of foreign or domestic trade
would be
public benefit. The proposed
the Panama Canal. Dask that the resolutions be printed in the the Grand of greatfrom Providence to New York is new steamship line of
Trunk
a case in point.
R e c o r d and referred to the Committee on Interoceanic Canals
In attempting to discourage monopoly of domestic traffic by placing
this restriction upon the railroads, the law could easily have the effect
There being no objection, the reso’ utions were referred to the
it would be for
Committee on Intgf’oceanic Canals and ordered to be printed in of fosteringa and promoting steamship monopoly, since competition with
bidden for
railroad to establish a steamship line in
the R e c o r d , as follow s:
existing independent lin es; also the law certainly would not restrict
At a meeting of the directors of the port of Boston, April 11, 1912, and might promote industrial monopoly through the control by large
the following statement was adopted as the opinion of the directors of corporations of steamship lines.
the port of Boston concerning a proposed amendment to section 5 of
The Standard Oil Co. operates a large fleet of American and foreign
the interstate-commerce act, contained in section 11 of the Panama vessels. The Steel Corporation has a large fleet on the Great'Lakes.
Canal bill No. 21969, and it was voted that a copy of this vote be sent
The proposed legislation wholly overlooks many important public
to each member of the Massachusetts delegation in Congress.
advantages resulting from the control and operation of coastwise steam-
(H. R. 21477), which was referred to the Committee on Com
merce and ordered to be printed.
Mr. CURTIS submitted an amendment proposing to appro
priate $29,000 for improving the Kansas River up to Argentine,
Ivans., etc., intended to be proposed by him to the river and
harbor appropriation bill (H. It. 21477), which was referred to
the Committee on Commerce and ordered to be printed.
1912.
CONGRESSIONAL RECORD— SENATE.
ship lines fty strong I'ailroad companies.
As was, by implication, ad
mitted by A ir . Wheeler, such lines provide in many cases excellent pas
senger fa/ilitie s and in convenient connection with trains,ifthe two
services perhaps actually connecting on the wharf. They facilitate rail
way operations by taking, to a considerable extent, the heavy f l i g h t . In
some cases there are peculiar advantages. For example, thqvJNIew Eng
land Navigation Co., controlled by the New York, New Haraih & H art
ford. cap deliver freight directly to the lower part of NevjysTork City,
While the railway lines must leave their freight at points far up town.
The (tompetition between railroads and their controlled steamship
lines i s 1 not necessarily or without qualification mockjsJgS stated in
the majority report of the committee. W hile the re la to r s are neces
sarily close 'and friendly, the rates and service on the ste^s&hip line are
governed by actual or potential competition of other spam ship lines,
involving, of necessity, some actual competition betweoeii'ail and boat.
The policy embodied in this legislation must have aplftrong tendency
to stultify enterprise, <o stand in the way of large ahS important un
dertakings having the packing of strong financial interests. That it is
not gOQcHpolicy to hamper enterprise in this mano|p is evidenced by
the aggressive opposite policy of the Canadian Goveirtpl'ent above referred
to and byathc passive approval by our own Governng|pt of the enterprise
of railways in the foreign carrying trade.
prohibition such as
It has ufeen suggested that, instead of an outri
steamship lines in
proposed, ftliere be some discrimination again:
nils not exacted from
domestic tfede controlled by railroads by way
cy is open to most of
independent steamships or higher tolls. This
>ur Government passes
the same objections, and it may he noted the
1 without toll, though
all vessels through the Sault Ste. Marie
controlled by railroads,
many of thfce vessels on the Great Lakes
while many ®thers are controlled by industn f corporations.
Canadian Government at
In this ctfee we follow the policy of
eely interchanged between
the same po% t, canal facilities being als
the two couifcries.
:oposed might foster steamIt has been! urged that the restrictio
ship monopolmby forbidding the estab" , taent of competitive lines by
. cy might foster monopoly by
railroads.
I t '« s also true that this
certain railros* systems by prevent!
the establishment by one railcompete with another railroad
road of steamsttip lines to enable it
or to make mage advantageous thrj „ h rates.
The terms of the act
do not appear % he intended as a pa gfing to steamship lines which are
Hr than duplications of existing
extensions of m ilw ay systems
service; but in view "o f the indeljjjpite terms of the act it is a grave
question whether? the restriction Would not sometimes have the effect
suggested.
S u p p lin g , for example, that the Pennsylvania Railroad
proposed to establish a line of steamships from New York to Boston,
but would do so dhly if able to make stops at certain Long Islar.8
points. Inasmuch % this company controls the Long Island Railroad
such stops on Long island mightgbe held illegal, and thus Boston might
fail to receive tlie ‘b<*efit of an additional steamship line. On the othet
hand, the Pennsylvadfci R ailroo# might legally operate the Sound line*
whereas it would be >%>re to oifr advantage to have them operated by I
railroad subject to so ift local/control.
The difficulty of enforcing fo the full any prohibition of ownership or
control such as propose^ is, well known.
In view of this, the restric
tion might operate as ^ s e v e r e discrimination, some railway systems
being in a position to c<Sfccal their ownership or control while "others
could not do so.
Railroads, in some ingtalfces, may operate connecting steamship lines
without profit or at a logs, dking to their value as “ feeders ” or through
connections. It can nert: be w p e cte d that such lines could be operated
by independent capital; It istclaimod, for example, that the Merchants
& Miners Transporta±lon Co., controlled by the New York, New Haven
& Hartford, is not ifi itself pmfitable. This line is of great value to
Boston in many w a y s; among o th e rs, in protecting the New England
differential basis in traffic w i t ^ t h e West.
It also provides valuable
passenger facilities:
. The proposed legislation WoulcKLalso involve danger of public injury
in regard to throiph rates. The mterstate-commerce law does not com
pel a railroad tojfoin in the m a k ii* of a through rate unless the route
to which such afra te applies embmees substantially the whole length
of the rail linesffif the company. A *a ilro a d , however, should be willing
to join in throtfth rates on a route Sjpbracing part of its rail lines, tomship lines which iSscontrols, especially if such route
Bether with
Were to be ir jompetition with somejSDther through route. A s an exances might be cited of iSe differential through rate made
ample, the i
rk, New Haven & Hartfcflm Railroad on westbound traffic
by the New
rk in connection with it^ S o u n d steamship lines.
Profrom New
e control of these lines by%he New York, New Haven &
hibition of
it deprive the public of theTfcnefit of such differential,
Hartford
’eady severely restricted the railroads in reduction of rates
Having
to meet w er competition, it is now proposfa that Congress by this leg1
islation s 1 forbid the railroads to protecrafchemselves even by owning
water carriers. This seems a^hardship in any fair conor contro]
of the c a s e . *
sideratio
It is t; be remembered that even in the restricted way in which Conpermit the lowering of railway r a t A t o meet water competigress d
tion th fact is recognized that such com petitio*pnay be a most serious
menace, o such railroads and their security hohr^'s, not to speak of the
Public
Inch depends upon their efficient servl
It i j ’also to be remembered that for a railroaJBdo stand in the way
of independent water competition is not an easy^matter.
The use of
wateiTroutes can not be limited, and only in tlntLcase, which should
be gjtirded against, of a railroad having com plet*m onopoly of dock
facilities can it become very difficult for independen%.lines to be estabIt/m a y be freely conceded that all actions of a r ® r o a d tending to
den# lo independent companies proper and fair facilit rfe for their servicoitnd equal treatment in switching charges and similaftjnatters should
be igorously opposed by the proper public authorities.
SUMMARY.
[The directors of the port of Boston regard section 11 ofethe Panama
final hill (II. R. 2 1 9 6 9 ), which forbids railroads from being interested
t water lines, wherever located, which compete or may (Spmpete, as
detrimental to the port of Boston and the State of Massachusetts.
. The bill would disrupt valuable transportation routes of many years
standing, such as the Long Island Sound lines, which have no preference
/ to the Panama Canal.
,
,.
t
,
i
It would place American railways under a severe handicap compared
!
Canadian railways, which are encouraged to go into the steamship
; business
The danger feared— the detrimental control by railroads of coast
traffic through the Panama Canal— can be avoided in other ways, as,
4965
for instance, giving the canal administration certain discretionary
powers. \
It woiiid tend to restrict the development of steamship lines as-jglhts
of compctUive routes.
It mightV>romote rather than prevent monopoly of steamship.-g^-vlce.
It overlooks the important public advantage resulting from d p tr o l of
coastwise line® by strong railroad companies in protecting rafcfljvthrough
offering differential routes.
W ater transportation can be monopolized only if dock^gKilities are
monopolized, w h ie ^ is the essential thing to be guarded attaKist.
\
RU LES
OF DEBATE.
The VICE P RE ^D E N T. The Chair lieg|Jpffe attention of
the Senate for one nfeinont to call to theiriJpttention the con
cluding clause o f sectioil^g of Rule VII, whipi reads:
It shall be not in order th, interrupt a K®p^>r having the floor for
the purpose of introducing
m em orial 'Jut ition, report of a com
mittee, resolution, or bill.
It sltoll be tlagaSfflty of the Chair to enforce
this rule Without any point of orfe.' heivffl^er being made by a Senator.
The Chair recognizes the fffittglKat quite often it does not
seem gracious on the part of ,0m Chair to enforce that rule,
and it would relieve the Chaj
lators would bear this rule
in mind and not put the d i
in a "Position where to obey the
mandate o f the Senate hejfflist appeafto the position, perhaps,
of one who desires to (rfrate to the SiW te what course they
should follow ; but tMT Chair on yesteflSgy knowingly, and
thinking at the moment what he was dofl^h did violate the
rule in recognizig^froie Senator from Michigan [Mr. S m i t h ]
lo present a -resqprcion, interrupting the SenatowStgrom Vermont
[Mr. D il l in g h a m ] so to do, and the Chair thoughwjhqving pur
posely— if lie may use that word—violated the rule^esterday,
that he should call the matter to the attention of theSgenate,
acknowledge his fault, explain the reason for his action^m d
a sk |the S i m d d ^ h e ^
TRIBES IN OKLAHOMA.
Mr. OWEN. I ask unanimous consent for the present, con
sideration of the bill (S. 6339) to adjust titles within the Five
Civilized Tribes in Oklahoma, and for other purposes.
Mr. SMOOT. I should like to ask the Senator from Oklahoma
whether the bill has been reported from the Committee on
Indian Affairs?
Mr. OWEN. It has been reported from the Committee on
Indian Affairs, and upon a letter of recommendation from the
Secretary of the Interior.
Mr. SMOOT. Is the report a unanimous one?
Mr. OWEN. The report is unanimous.
The VICE PRESIDENT. Is there objection to the present
consideration of the bill?
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill, wliich had been reported
from the Committee on Indian Affairs with an amendment, to
strike out all after the enacting clause and insert:
Tliat the Secretary of the Interior be, and be is hereby, authorized,
in bis discretion, to validate by approval anv instrument purporting to
be a deed of conveyance or contract for title of allotted lands of the
Five Civilized Tribes made prior to the removal of restrictions and
before January 1, 1912, In the following cases, to wit :
First. When the purchase or contract was made in good faith, and
no fraud was practiced, and the Indian allottee was actually paid the
reasonable value o f the land..
Second. When the purchase or contract was made in good faith and
no fraud was practiced, but when the consideration paid was not suffi
cient to cover the reasonable value of the land conveyed: Provided, T h at
in this class of cases the settlement can only be made upon the condi
tion that the Secretary of the Interior be paid for tlie benefit of the
allottee a sum sufficient to make up the reasonable value of such la n d s :
Provided further, That tlie settlement in either case shall be made upon
such terms of. settlement as tlie Secretary may deem just, proper, and
equitable, and under such rules and regulations as he may prescribe,
and upon such settlement suit, if any, instituted at the request of the
Secretary of the Interior, shall be dismissed without cost to the
defendant.
. . .
S ec . 2. That the Secretary of the Interior is hereby authorized to
permit tlie sale or exchange of the restricted land of any Indian of any
tribe in Oklahoma and invest all or part of the proceeds of any sale
which has been or may he made for the benefit of said Indian and his
lioirs or legal representatives, the property so secured to be held for
the use and benefit of such Indian, subject to the same conditions, limi
tations, and restrictions as imposed by law upon the original lands
sold or exchanged by such Indian or Indians.
Title to tlie- land
secured by purchase or exchange shall be taken and held in the name
of such Ind ian: Provided, That the provisions of this act shall apply
also to the investment of funds of Indians of the class subject to
restriction, hut who have not been allotted lands and have or may here
after have moneys in the custody of the United States to their credit
S e c . 3. That no lease executed by a member or members of the Five
Civilized Tribes covering lands from which restrictions upon alienation
have not been removed shall be valid unless approved by the Secretary
of the Interior or by some officer located in the State of Oklahoma dcsig-nated by him for that purpose, under such rules and regulations as the
Secretary of the Interior may prescribe: Provided, That in case any
allottee of the Five Civilized Tribes having restricted lands for any
reason fails or refuses to accept patents therefor or to take possession
thereof the Secretary of tlie Interior or any officer designated bv him is
hereby authorized to make, execute, and'deliver for and on behalf of
such allottee a lease covering said land, and the proceeds of such lease
shall be deposited with and held by such officer as the Secretary of the
Interior may designate, and shall be disbursed to said allottee, his
4968
/
i
CONGRESSIONAL RECORD— SENATE.
heirs, or legal representatives whenever it shall be shown that he or they
s h o u ld receive the same.
S ec . 4. That- from and after the approval of this act any person,
firm, or corporation procuring, accepting, or placing of record any
deed, mortgage, contract to sell, power of attorney, lease, or other in
strument or method of encumbering real estate relating to land allotted
to members of the Five Civilized Tribes, made prior to the removal or
expiration of restrictions therefrom, or if not approved as provided in
this act, shall be guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not less than $500 nor more than $5,000,
or by imprisonment for not less than G days nor more than 1 year,
O
or by both such fine and imprisonment.
A pril 18
Mr. GALLINGER. As this matter has been before the courts
and appears to have been in part adjudicated, I must object to
the present consideration of the bill, as I want to look into it.
Mr. OWEN. There has been no final adjudication. The first
demurrers only have been passed upon.
Mr. GALLINGER. I presume the bill is all right, but I want
time to look into the matter. Therefore I wish it to go over for
the present.
Mr. OWEN. The letter of the Secretary fully explains the
matter, and will be found in the unanimous report of the Com
mittee on Indian Affairs, on the calendar. Of course, if there
is any objection I yield.
Mr. GALLINGER. I will read the Secretary’s letter and also
the report of the committee.
Mr. CLARK of Wyoming. Before the bill is taken up, I
should like to inquire of the Senator from Oklahoma if I am
correct in my deduction that section 2 of the bill substantially
removes all restrictions which Congress has heretofore placed
upon the alienation of Indian lands, subject to the will of the
Secretary of the Interior?
Mr. LODGE. I move that the Senate proceed to the consid
Mr. OWEN. It does not. It merely permits the Secretary to
invest the proceeds of sale of land in other land bettei situated. eration of the bill (S. 3175) to regulate the immigration of
The act of May 27, 1908, authorizes the Secretary of the Interior aliens to and the residence of aliens in the United States.
Tlife motion was agreed to; and the Senate, as in Committee
to remove restrictions upon any lands in the. Five Civilized
of the!\Whole, resumed the consideration of the bill.
Tribes. That is the present law.
The WICE PRESIDENT. The Secretary will state the pend
Mr. CLARK of Wyoming. Then how does this bill change
ing amendment.
the present law?
. . . . . . .
The Se c r e t a r y . Beginning on page 7, line 11, of the last
Mr. OWEN. The bill changes the present law m this, that
the act of May 27, 190S, forbade the Secretary of the Interior print, it ^ proposed to strike out beginning with the word “ all ”
to approve any contract made prior to that act, although the down to the word “ excluded,” on page 8, line S.
The VIQE PRESIDENT. The question is on agreeing to the
previous agreement—as the Creek agreement, for instance—per
mitted such contracts to be made subject to the approval of the amendment
Mr. ROOt. Mr. President, I am opposed to the amendment
Secretary. The purpose of this bill is to enable the Secretary
to bring to a conclusion, by administrative and executive ad striking out%lie illiteracy clause. I believe the time has come
justment, the innumerable suits which have been brought in the when it wilDbe for the benefit of the' people of the United
Five Civilized Tribes, of which there are about 20,000 still States, including all the millions of immigrants who have come
pending, and which can not, in the nature of the case, be eco into this country in recent years, to put into our immigration
nomically, quickly, or conveniently adjusted by judicial and law a clause much will require the immigrants who are ad
mitted here to pass the test of ability to read and write.
|
equitable procedure.
I intend to say but a very few words on the subject. I am
Mr. CLARK of Wyoming. Would not that purpose be ac
not in favor of tlil^ proposition for the reason that it will tend
complished without the insertion of section 2 in the bill?
Mr. OWEN. Section 2 of the bill is intended to cover this to exclude criminals and anarchists. I do not suppose it is
point: Selling restricted lands in the drainage districts, where intended for that purpose at all, and the fact that it will not
it is proposed to dispose of restricted lands, and authorizing the accomplish that purpose is no argument against the test. I am
•
Secretary to invest the proceeds in other lands.
not in favor of the f|st of illiteracy because I think there are
Mr. CLARK of Wyoming. Would not section 2 enable all the not many good peopffc who would become useful citizens and
lands of all the Indians in the Five Civilized Tribes to be placed, who can not read and\write at this time. It may well be that
by the consent of the Secretary, in the market for sale, and thus such a test will excludfe a good many people whom we should
eliminate entirely the Indians as landholders? I notice the sec be glad to have here. But, Mr. President, the question is not
tion says he may sell or exchange certain lands.
whether this test will sn|l leave it possible for some people to
Mr. OWEN. Permit the sale.
come in who ought to coifie in, or whether it will keep out cer
Mr. CLARK of Wyoming. But it does not say that the pro tain people whom it wou|l be w ell to keep out, but whether
ceeds of the sale of those lands shall be invested in other lands. such a test will be benefichtj to the'people of the United States.
The assumption of the second section is that the proceeds shall
It seems clear to me thatS.it will be beneficial as a whole. I
be invested in other lands, but the wording of this section does think there is a general and aveR-founded feeling that we have
not require it. So that the full-blood Indian lands could be dis been taking in immigrants fr&m the Old World in recent years
posed of under section 2 and no other lands be substituted in rather more rapidly than we tape been assimilating them. They
place thereof. But the proceeds of the sale of those lands could have been coming in rather mdj'e rapidly than they have been
be invested in such a way as the Secretary of the Interior may acquiring American habits o f tntought and the American spirit
see fit.
of government, and it could not vfeil be otherwise in view of the
Mr. OWEN. Under existing law, the act of May 27, 1908, fact that of the 9,555,000 Immigrants who have come into this
the Secretary has the right to allow the alienation of any of country during the 12 years following the War with Spain,
these lands, including those belonging to full bloods, but the 2,238,801 over 14 years of age wei% unable to read and write,'
practice has been that he has only permitted parts of it to be with the result that we have many great communities composed
sold where the proceeds might be judiciously invested in the of people gathered together unable%o speak the English lan
improvement of the remainder; but under existing law he can guage, unable to read the newspapenk or the magazines or the
not invest the proceeds in other land. Section 2 of this bill books, through the agency of which
knowledge of what is
enables him to do this.
going on in the world and a know ledgiof the principles of our
Mr. CLARK of Wyoming. My impression has been that the Government may be communicated to dbr people.
purpose of all our legislation along this line has been to fix for
These communities of foreigners, speaking a foreign tongue,
a certain period of years the title in the full-blood Indians. It with foreign habits and thoughts, cut
by inability to read
seems to me-----from the great bddy of the people of America, cut off from our
Mr. OWEN. If the Senator from Wyoming will excuse me ideas, from our .thoughts, our sentiments, %ur feelings, our pur
for a moment, I suggest that the Senator from Wyoming is poses by their grwn ignorance, are encisted
the body politic of
probably thinking of what is known as the McCumber amend America and m e body social of America ailR are not a part, in
ment of April, 1906, which provided that lands of the full bloods fact, o f the Organized community which we call the United
should be inalienable until 1931; but the act of two years later, States.
known as the removal-of-restrictions act, approved May 27, 1908,
Mr. GRONNA. Mr. President-----provided they might be sold with the approval of the Secretary,
The PRESIDING OFFICER (Mr. S w a n s o n in the chair).
and he has 16 district agents acting in an advisory capacity Does the Senator from New York yield to the Senator from
' in that country so he may protect the interest of the restricted North Dakota?
Indians.
Mr. ROOT. Certainly.
Mr. GALLINGER. I ask the Senator from Oklahoma if this
Mr. GItONNA. Would the Senator from New York exclude
question has been before the courts of the country?
immigrants unable to read in English no matter how well they
Mr. OWEN. It has been before the courts for four years, and might be educated in some other language?
there are 26,000 of these cases pending, the first demurrers only
Mr. ROOT. No; I would not, because if they can f^ad and
having been decided after four years.
write the demands for information will be responded to by the
Mr. GALLINGER. And a decision has been rendered?
journals of their own tongue.
Mr. OWEN. In part, in a few cases brought upon demurrer.
Mr. DILLINGHAM. The bill does not exclude them.
1912.
CONGRESSIONAL RECORD— SENATE.
Mr. LODGE. Mr. President, if I may read the rule-----The PRESIDING OFFICER. The Senator will please do so.
Mr. LODGE. It is as follow s:
Pending a motion to strike out: and insert, the part to be stricken out
and the part to be inserted shall each be regarded for the purpose of
amendment as a question ; and motions to amend the part to be stricken
out shall have precedence.
There is no question about the rule.
Mr. CLARK of Wyoming. Mr. President-----The PRESIDING OFFICER. Does the Senator from Massa
chusetts yield to the Senator from Wyoming?
Mr. LODGE. Certainly.
Mr. CLARK of Wyoming. I do not understand that the Sena
tor from Massachusetts makes any motion to strike out and to
insert.
Mr. LODGE. That is the pending motion.
Mr. CLARK of Wyoming. The pending motion, as I under
stand it, is a motion to strike out.
Mr. LODGE. The pending motion is to strike out a clause.
Mr. CLARK of Wyoming. Exactly.
Mr. LODGE. Which clause is open, and it does not make any
difference whether you propose to insert or not. The part
ivhich it is proposed to strike out is amendable, of course.
There can not be any question about it parliamentarily.
Mr. CLARK o f Wyoming. There can be a question about it,
because I myself question it.
Mr. LODGE. It is the first time I ever heard it questioned.
That is what I meant to say.
Mr. SIMMONS. I rise to a parliamentary inquiry.
The PRESIDING OFFICER. The Senator will state it.
Mr. SIMMONS. Is it now in order to move a substitute
for the part of the bill which it is proposed to strike out?
The PRESIDING OFFICER. The Chair thinks not until
after the question has been voted on to perfect the amendment.
Mr. SIMMONS. I thought the amendment had been per
fected.
The PRESIDING OFFICER. It has not been voted upon.
Those in favor of the amendment-----Mr. BACON. What is the amendment?
Mr. LODGE. The exemption from the literacy test of per
sons who are seeking admission on account of religious per
secution.
The PRESIDING OFFICER. That is the first amendment
to be voted upon. The question is on agreeing to that amend
ment to the amendment. [Putting the question.]
The amendment to the amendment was agreed to.
The PRESIDING OFFICER. Now, the question is upon
agreeing to the amendment as amended.
Mr. SIMMONS. Mr. President-----Mr. STONE. Mr. President, I am going to rise again to a
parliamentary inquiry. 1 ask what is the pending question?
The PRESIDING OFFICER. The question is upon the com
mittee amendment to strike out certain lines o f the bill on
pages 7 and 8.
Mr. STONE. The question is on the amendment o f the com
mittee to strike out certain lines?
The PRESIDING OFFICER. That is the pending question.
Mr. STONE. Now, the Senator from Massachusetts proposes
to amend the amendment of the committee?
Mr. LODGE. No; the amendment of the committee is to
strike out and that is unamendable. The question now before
the Senate is the motion to strike out. Pending that, the Sena
tor from North Carolina [Mr. Sim m o n s ] proposes to offer a
substitute for the portion of the bill which it is proposed to
strike out. If that prevails, the pending question will be on a
motion to strike out the provision which has just been sub
stituted and, if that fails, the question will recur on the original
Proposition.
Mr. SIMMONS. I understand; Mr. President, it is now in
order to offer a substitute?
Mr. LODGE. Certainly.
The PRESIDING OFFICER. It is.
Mr. SIMMONS. I send forward to the Secretary’s desk a
substitute for the whole provision which it is proposed to strike
out.
The PRESIDING OFFICER. The amendment to the amendment will be stated.
The S e c r e t a r y . In lieu of the portion proposed to be stricken
out, it is proposed to insert the following:
That after four months from the approval of this act_ in addition
to the aliens who are hy law now excluded from admission into the
Toited States the following persons shall also he excluded from admisthereto to wit
All aliens'over 16 years of age and physically capable of reading and
J^riting who can not read and write the English language or some other
language : Provided, That any admissible alien or any alien heretofore
or Hereafter legally admitted to this country may bring in or send for
His wife, his children under 18 years of age, and his parents or grand
5021
parents over 50 years of age, if they are otherwise admissible, whether
they are so able to read and write or not.
That for the purpose of testing the ability of the alien to read and
write or not the inspection officer shall be furnished with copies of the
Constitution of the United States, printed on uniform pasteboard slips,
each containing no less than 20 nor more 25 words of said Constitution
printed in the various languages or dialects of immigrants in double
small-pica type.
Each alien may designate the language or dialect in
which he prefers the test shall be made, and shall be required to read
and write the words printed on a slip in such language or dialect. No
two aliens coming in the same vessel or other vehicle of carriage or
transportation shall he tested with the same slip. That the following
classes of persons shall he exempt from the operation of this act, to w i t :
“ (a) All aliens who shall prove to the satisfaction of the proper im
migration officer or to the Secretary of Commerce and Labor that they
are seeking admission to the United States solely for the purpose of
escaping from religious persecution; (h) all aliens in transit through
the United S ta tes; (c) all aliens who have been lawfully admitted to
the United States and who later shall go in transit from one part of
the United States to another through foreign contiguous territory.”
The PRESIDING OFFICER. The question is on agreeing to
tbe amendment to the amendment.
Mr. LODGE. Mr. President, I merely want to point out the
differences between tbe provisions proposed to be stricken out
of this bill and tbe substitute offered by tbe Senator from North
Carolina. Tbe pending provision reads:
A ll male aliens.
Tbe substitute of tbe Senator from North Carolina reads:
A ll aliens.
The Senate provision prescribes reading and writing, while
tbe other prescribes reading alone; otherwise they are the same
in substance and in intent.
Mr. SHIVELY. Mr. President, I call tbe attention of tbe
Senator from North Carolina to the fact that under bis amend
ment husband and wife might be separated, one being admitted
and tbe other not. His amendment is different in that respect
from tbe provision of the pending bill.
Mr. SIMMONS. Wbat section of the bill is that?
Mr. SHIVELY. It is tbe section to which tbe Senator from
North Carolina has offered a substitute. Tbe concluding phrase
o f the section as it is in tbe bill is as follow s:
Provided further, That nothing in this act shall exclude the wife or
minor children of a citizen of the United States.
Mr. SIMMONS. Wbat line of tbe bill is that?
Mr. SHIVELY. It is on page 11.
Mr. SIMMONS. Tbe Senator means tbe bill of tbe com
mittee?
Mr. SHIVELY. Yes.
Mr. SIMMONS. That would remain in tbe bill.
Mr. SHIVELY. Tbe Senator has offered bis amendment, as
I understand, as a substitute for the whole section.
Mr. SIMMONS. No; I offer it only as a substitute for tbe
part which is proposed to be stricken out, beginning on page 7,
line 1 1 , after the word “ prescribe,” and extending through on
page 8, line 8, to tbe word “ excluded,” before tbe word
“ Chinese.”
Mr. SHIVELY. I understood the Senator very distinctly to
announce that it was for tbe entire section.
Mr. SIMMONS. No; I said for tbe portion proposed to be
stricken out.
Mr. CLARK of Wyoming. I rise to a question of order.
The PRESIDING OFFICER. The Senator from Wyoming
will state bis question of order.
Mr. CLARK of Wyoming. I want to ask if this amendment
is now in order? I understood that in tbe consideration of this
bill the committee amendments were to be disposed of first.
Tbe committee amendment now under consideration is an
amendment to strike out. The amendment of tbe Senator from
North Carolina would be a proper amendment to tbe bill pro
vided tbe committee amendment should fail, but I can not see
bow it is in order at this time, when the order of business is
tbe consideration of committee amendments.
Mr. SIMMONS. Mr. President, tbe Senator from Massachu
setts stated bis view of the differences between tbe provision
in the bill and tbe amendment which I have offered. He did
not cover all of the differences. Under tbe provisions of the
bill the Secretary of Commerce and Labor shall prescribe tbe
rules by which the alien’s capacity to read or write is to be
tested. * The substitute that I have offered prescribes tbe test
itself; that is, that he shall be able to read some part of tbe
Constitution of tbe United States, and that tbe immigrant in
spector shall be furnished with tbe parts of the Constitution tbe
immigrant shall be required to read. It also provides that that
section of tbe Constitution shall be printed in tbe various lan
guages of the immigrants.
Another difference between tbe provision now in tbe bill and
tbe substitute proposed by me is that the present bill has this
provision:
This provision, however, shall not apply
Newfoundland, the Bermudas, or Mexico.
to
citizens
of
Canada,
\
CONG SESSIONAL RECORD— SENATE.
A pbil 19
I have left tliat out of my exceptions to the provision. Then down to and including the words “ unless otherwise excluded ”
there are certain references to Porto Rico and the Philippines in line 8, on page 8. The Senator from North Carolina pr^
posed for the words to be stricken out certain other words.
which I have left out.
Mr. LODGE. Which was agreed to.
PRESIDING OFFICER. The Chair is ready to rule.
The PRESIDING? OFFICER. It was agreed to.
ds that the^^ibstitute-is
under Rule
Mr. LODGE. It is now proposed to strike out the substitute
’uestion is on^Tgre^ing ti/tX^ubstitute.
Mr. CLARK of Wyoming. Let us have it read.
.AND. fcwhi1 to m the Senator from North
/
*fc
The Secretary read as follow s:
bn. The House /text provides for a test of
That after four months from the approval of this act in addition tr,
both reading and writing?
the aliens who are by law now excluded from admission into the Unitor?
SIMMONS. The Housertfill does not provide f£il_J>oth^ States the following persons shall also be excluded from a r tm i..,"1
-ssion
snate thereto, to w it :
All aliens over 16 years of age and physically capable of reading ana
es'
iting who can not read and write the English language or some Other
othpi.
w
,
_
_
language : Provided, That any admissible alien or any alien heretofore
ows the House
or hereafter legally admitted to this country may bring in or send f 0»
the House bill follows mine.
his wife, his children under 18 years of age, and his parents or grand
SUTHERLAND. I want to ask the Senator from North parents over 50 years of age, if they are otherwise admissible, whether
they are so able to read and write or not.
Carolina why he seejis to strike out the writing test.
That
the
alien to read
Mr. SIMMONS. I did that on the supposition that If the write orfor the purpose of testing shall ability of the with copies of and
not the inspection officer
be furnished
th<!
alien could read he could write. I thought, at leash if he Constitution of the United States, printed on uniform pasteboard sling
could read that would be sufficient. The great object is that each containing no less than 20 nor more than 25 words of said Consti’
tution printed in the
languages or dialects
immigrants in
they shall be able to read the newspapers and thus advise them double small pica type. various alien may designate theoflanguage .or dia
Each
selves with reference to American institutions and the Ameri lect in which he prefers the test shall be made, and shall be required to
read and write the words printed on a slip in such language or dialect
can Government.
I confined it to reading, because I thought that was sufficient. No two aliens coming in the same vessel or other vehicle of carriage or
transportation shall be tested with the same slip.
I thought if the immigrant was able to read it would furnish
That the following classes of persons shall be exempt from the opera
him the sources of information, such as an American citizen tion of this act, to wit S (a) All aliens who shall prove to the satisfacl
tion of the proper immigration officer or to the Secretary of Commerce
should have, and that it is not particularly necessary, that he
and Labor that they are seeking admission to the United
should be able to write. I will say to the Senator that I think for the purpose of escaping from religious persecution ; (b) States solely
all aliens in
it would be a very rare instance where he would find a person transit through the United States ; (c) all aliens who have been law
fully admitted to the United States and who later shall go in transit
who can read who can not also write, and for all practical pur
from one part
poses the reading test will cover it as well, as a rule, as will 'ous territory. of the United States to another through foreign contigu.
the writing test.
Mr. SHIVELY.
Inquiry.
Mr. SUTHERLAND. I will say to the Senator from North There seems to be aMr. President, a parliamentary. question
little confusion as to the.. precise
Carolina-----on. As
tbercoinmittee
Mr. SIMMONS. If the Senator desires to add that, I have now to be votedto 'Strike I understand, portion of the submitted
an amendment
oift'Ti certain
bill. The
no objection to it.
Senator from North Carolina moved a substitute for the lan
Mr. SUTHERLAND. Then I hope the Senator will permit
guage which the committee recommended to be stricken out.
it to go in now.
Mr. SIMMONS. As there is some objection to this, in order The substitute offered by the Senator from North Carolina was
to perfect it I will ask that the word “ writing” be inserted adopted, and now it is proposed to vote upon the recommenda
after the word “ reading ” wherever it occurs in my substitute. tion of the committee to strike out.
The PRESIDING OFFICER. That is the situation.
The PRESIDING OFFICER. Without objection, it will be so
Mr. LODGE. Those who favor the literacy test will vote
ordered.
those opposed will
Mr. SUTHERLAND. The word should be inserted in both “ nay,” SHIVELY. That is vote “ yea.”
Mr.
right.
places. That affords a more certain and definite test.
The PRESIDING OFFICER. The Secretary will call the
Mr. DILLINGHAM. I want to suggest to the Senator from
North Carolina that in carrying this test to the extent of ex roll.
The Secretary proceeded to call the roll.
cluding females who can not read and write I think he is pre
Mr. BRANDEGEE (when his name was called). I am paired,
senting a policy which would be bad for the United States.
Mr. LODGE. If I heard the amendment aright, it exempts the on all votes to-day with the junior Senator from Arkansas [Mr.
D avis]. I am advised that heJias been called from the Cham
wife and children.
ber on important business. I will let this announcement stand
Mr. SIMMONS. That is so.
Mr. DILLINGHAM. If that is true I did not correctly for the day.
Mr. GALLINGER (when his name was called). I consented
understand it.
to-day to pair with the senior Senator from Virginia [Mr.
Mr. SIMMONS. I have not the law before me.
Mr. DILLINGHAM. As I understand the amendment it be M artin] during his enforced absence. I transfer the pair oii
gan “ all aliens,” whereas the language of the bill is “ all male this vote to the junior Senator from Illinois [Mr. L orimer]
aliens.” The point I want to make is this: If we are to have and will vote. I vote “ nay.”
Mr. CRAWFORD (when Mr. Gamble’s name was called), j
immigration, we want families. If a man is able to read and
write we do not want to keep him out because his wife is unable desire to announce that my colleague is necessarily absent. He
has a general pair with the senior Senator from Oklahoma [Mr
to read and write.
Owen ]. I make this announcement for the day.
Mr. LODGE. I call the attention of the Senator to the fact
Mr. HEYBURN (when his
I am paired
that the amendment of the Senator from North Carolina pro with the senior Senator fromname was called). ankhead ] for
Alabama [Mr. B
vides that a person now in may bring in or send for his wife the day. I will allow this announcement to stand for the day.
and children and his parents or grandparents.
Mr. LIPPITT (when his name was called). I have a general
Mr. DILLINGHAM. I was misled by the opening words pair with the Senator from Tennessee [Mr. Lea ], whom I do
of the amendment.
not see in the Chamber. I therefore withhold my vote.
The PRESIDING OFFICER. The question is on agreeing
Mr. BRANDEGEE (when Mr. M cL e a n ’ s nam e was called).
to the substitute.
My colleague [Mr. McL ean ] is paired with the junior Senator
Mr. SMITH of Georgia. On that I ask for a division.
from Nebraska [Mr. H itchcock], I will let this announce
Mr. LODGE. This is merely on the question of substitution. ment stand for all votes for the rest of the day.
The PRESIDING OFFICER. The question is on agreeing
Mr. JOHNSON of Maine (when the name of Mr. Martine
to the substitute.
of New Jersey was called). I wish to announce that the
The substitute was agreed to.
junior Senator from New Jersey [Mr. Martine] has a pair
The PRESIDING OFFICER. The question now is on strik with the junior Senator from Delaware [Mr. R ichardson].
ing out the amendment as amended. [Putting the question.] If the Senator from New Jersey were present he would vote
The “ noes ” seem to have it.
“ yea.”
Mr. STONE and Mr. SI1IYELY demanded the yeas and nays,
Mr. PENROSE (when his name was called). I should like
and they were ordered.
to inquire whether the senior Senator from Nevada [Mr. NewMr. CLARK of Wyoming. I should like to have the amend- lands] has voted.; ment reported.
The PRESIDING OFFICER. He has not.
I The PRESIDING OFFICER. For the information of the
Mr. PENROSE. I have a general pair with the senior Sen
| Senate, the Secretary will state what is proposed to be stricken ator from Nevada [Mr. Newlands] for to-day, and therefore
-tout.
I will refrain from voting.
\ The Secretary. The committee proposed to strike out, on
Mr. TOWNSEND (when the name of Mr. S mith of Michigan
page 7, line 11, beginning with the words “ all male aliens,” . ' was called). The senior Senator from Michigan is away from
1912
CONGRESSIONAL RECORD— SENATE.
the Senate on its business. He is paired with the junior Sen row about this proposed amendment now. They paid it under
ator from Missouri [Mr. Heed].
protest, and then brought suit and carried the case all through
Mr. WATSON (when his name was called). I have a gen the courts, contending that it was an unconstitutional tax— car
eral pair with the senior Senator from New Jersey [Mr. ried it to the Supreme Court of the United States, and the case
B riggs]. I transfer it to the junior Senator from Oklahoma is to be found in the One hundred and twelfth United States
Supreme Court Reports. I simply call the attention of the
[Mr. Gore] and will vote. I vote “ nay.”
Senate to the case in order to show that those who were fighting
The roll call was concluded.
Mr. GALLINGER. I have been requested to announce that the tax were the steamship companies. It is known as the headthe Senator from Colorado [Mr. Guggenheim] is paired with money case, and it was brought by the Cunard Steamship Co.
the Senator from Kentucky [Mr. Paynter],
and other steamship companies.
Mr. WARREN. I have been requested to state that the
Since that time Congress has increased the tax from 50 cents
senior Senator from Delaware [Mr. du Pont], who is absent, is to $1, and then from $1 to $2, and in 1007 the Senate increased
paired with the senior Senator from Texas [Mr. Culberson]. the tax from $2 to $5. It went to the House of Representatives,
I will allow this announcement to stand for the day.
and the House amended it, making it $4, which it is to-day, and
Mr. JOHNSTON of Alabama. The junior Senator from is the amount provided^ for in this bill.
Texas [Mr. B ailey ] is absent on account of illness. He is
At no one of these times was there a corresponding increase
paired with the senior Senator from Montana [Mr. D ixon ].
in the steerage rates, but as a rule there was, as in 1907, when
Mr. BACON. Announcement has already been made of the the tax was doubled, being increased from $2 to $4, a decrease
fact that the Senator from Rhode Island [Mr. Lippitt] is paired in the steerage rates of from $1 to .$2, owing to the fact that the
with the senior Senator from Tennessee [Mr. L ea ]. Before the conference of steamship officials which met and do meet regu
Senator from Tennessee left he requested me to announce that larly to fix rates thought that the traffic would bear only a little
in case of a vote that he was necessarily absent from the city. less rate to yield them the greatest possible aggregate profits.
I understood from what the Senator said to me that if present
I want to read an extract from a book on immigration, by
he would vote “ hay.”
Prescott F. Hall, to show what was done at the time wlieu
The result of the vote was announced—yeas^^mays 56, as the Congress increased the tax and to show what is being done
follows :
to-day by the steamship companies to defeat this amendment.
Y E A S — 9.
For example, while the matter was pending in the House the
Clarke, Ark.
Nelson
Smith, Md.
Rayner
western agents for a foreign steamship company sent the fol
Fall
Stone
O'Gorman
Shively
lowing telegram to numerous persons:
Gronna
Ashurst
Bacon
Borah
Bourne
Bradley
Bristow
Brown
Bryan
Burnham
Burton
Catron
Chamberlain
Chilton
Clapp
N A Y S — 56.
Clark. W vo.
Kern
Lodge
Crane
Myers
Crawford
Nixon
Cullom
Oliver
Cummins
Overman
Curtis
Page
Dillingham
Percy
Fletcher
Foster
Perkins
Gallinger
Poindexter
Gardner
Pomerene
Johnson, Me.
Root
Johnston, Ala.
Sanders
Jones
Simmons
Bailey
Bankhead
Brandegce
Briggs
Culberson
Davis
Dixon
du Pont
NOT VOTING— 30.
Gamble
Lippitt
Lorimer
Gore
McCumber
Guggenheim
Heyburn
McLean
Martin, Va.
Hitchcock
Kenyon
Martine, N. J.
Newlands
La Follette
Owen
Lea
Smith, Ariz.
Smith, Ga.
Smith, S. C.
Smoot
Sutherland
Swanson
Thornton
Tillman
Townsend
Warren
W atson
Wetmore
W illiam s
Works
Paynter
Penrose
Reed
Richardson
Smith, Mich.
Stephenson
Immigration bill comes up in the House Wednesday ; wire your Con•essman, our expense, protesting against proposed exclusion and re
nting bill be defeated, informing him that vote in favor means
lat next election.
about the same time the agents and representatives of the
sameUirm sent out a letter stating that if the Lodge bill became
a law\immigration would be restricted “ almost to the extent of
total \xclusion ” — a most absurd statement—and saying that
every affort should therefore be made to defeat the bill. With
this letter was sent a slip, as follow s:
W ire ® n r Representative fully and let us know cost of telegram and
we will jtromptly refund amount to you.
Mr. (mLLINGER. Will the Senator tell us what company
it was tfint caused these telegrams to be sent?
Mr. OVERMAN. It was the North German Lloyd Steamship
bad time—I do not propose at this late hour to take up
of the time of the Senate—I could show that this
ainehdment has been indorsed and recommended by the FarmUnion. The resolution which I hold in my hand and which
j wish to print in the R ecord was passed by that organization.
The matter referred to is as follow s:
So the motion to strike out the provision as amended was not
agreed to.
Mr. ROOT. I offer the following amendment.
Whereas the United States Immigration Commission will report to the
P R E SID IN G O FFIC ER .
There is anotheu Committee
next session of Congress recommending legislation ; and
Whereas we are unalterably opposed to the present foreign influx from
amenfH&antwhich has not yet been disposed of.
southeast Europe and western Asia, its proposed distribution and
Mr. L O IxT R ’ '*^ 4*W di^ oses o f the'committee amendments.
diversion to the South and AVest, and have in local, State, and N a
The P R E SID IN G OFFICER. On page IS -----tional conventions resolved in favor of the enactment and vigorous
enforcement of rigidly restri^ive immigration la w s :
Therefore
Mr. LODGE. Oh, excuse me, Mr. President. There is a com
be It
mittee amendment which is connected with this one.
Resolved, That the Farmers’ Educational and Cooperative Union of
The Secretary. On page 18, line 12-----America in fifth annual convention, assembled at Birmingham, Ala.,
Mr. LODGE. I ask that it may be disagreed to, in order to this 9th day of September, 1909, representing more than 3,000 ,0 0 0
farmers, reiterate and reaffirm the immigration resolutions adopted
make it conform with the amendment just adopted.
8, and at
3,
The PRESIDING OFFICER. The question is on agreeing to unanimously at Memphis January particularlyFort Worth September to
1908, calling upon our State and
our Federal officials,
the amendment.
exclude the present foreign influx by means of an increased head tax,
a m’oney test, the illiteracy test, and other effective m easures; and be
Mr. O’GORMAN. What is the amendment?
further
.
,
Mr. LODGE. The amendment on page IS, and, of course, it it Resolved, That the national legislative committee send copies of this
falls or stays with the original amendment.
and previous resolutions to the President for his annual message, to the
Immigration Commission for its report, and to the Senate and House
Mr. O’GORMAN. What is the line?
for legislation,
possibly
The Secretary. On line 12, page IS, where the committee Immigration Committees the lines of thisand to do all itresolutionscan to
secure legislation along
and previous
; and
propose to strike out the words “ he who is unable to read and be it still further
,
,
„ ...
Resolved, That the national secretary send copies of this resolution,
write or.”
and previous ones to the various State secretaries, with the request
The amendment was rejected.
that the matter be taken up by locals with their Senators and ConDir. OVERMAN. I submit an amendment to section 2 of gressmen with a view to congressional action.
the bill.
Mr. OVERMAN. I want to call your attention to the recom
The Secretary. On page 2, line 20, strike out the word mendation of the Immigration Commission, which spent a mil
“ four ” and in lieu insert “ ten,” so that if amended it will lion dollars in investigating this question, and it is one question
read:
upon which they did not differ. There was a minority report
S ec . 2. That there shall be levied, collected, and paid a tax of $10 for
of one on the illiteracy test, but the commission unanimously
every alien.
suggested :
Mr. OVERMAN. Mr. President, this is sometimes called a
A material increase of the head tax.
head tax. It is in reality a steamship tax; is levied upon the
It is not only recommended by the Farmers’ Union, but is
steamships, paid by them, and can not under the pooling and
nionopoly conditions which exist be shifted by them to the pas recommended by the National Grange; not only by the National
sengers, as I shall show. In 18S3 Congress levied a tax of 50 Grange, but by the National Farmers’ Congress; not only by
cents upon every immigrant coming into this country, and re- the National Farmers’ Congress, but by the American Federa
Quired the steamship companies to pay it. rlie steamship com tion of Labor; not only by the American Federation of Labor,
l
panies raised a great row about it then, as they are raising a but by the Patriotic Order Sons of America; not only that, but
CONGRESSIONAL RECORD— SENATE
r>
by the Junior Order of United American Mechanics, and the
Knights of Labor. All of those organizations have recom
mended this amendment. If there is one thing which the
American people are in favor of, since I introduced it four
years ago, it is this amendment. Resolutions in favor of it
have been passed by every patriotic organization and nearly
every farmers’ organization in the Union." So I say it is desired
by the American people.
Let us see how much the steamship companies make out of
these immigrants. I saw in the New York Sun a few days ago
that on two days of last month there landed in New York
21.000 immigrants. A table, which I propose to publish in the
R ecord without reading, shows that they landed over a million
immigrants in this country last year, and have been landing
-about a million a year for some time, and carry back about a
half a million a year.
The table referred to is as follow s:
Table showing immigration, emigration, debarred, etc., for the last 11
years.
[Table taken from p. 413, hearing on immigration bills, 1910.1
Total
alien
arrivals.1
Total
alien
depart
ures.2
Per cent
of immi
grant
Immi
Non
aliens
grant
immi
who have
alien
grant
been
arrivals
alien
In tho
in Note 1.
arrivals.
United
States,
before.
562,868
730,798
621,315
840,714
1,059,755
1,166,353
1,438,469
624,695
644,235
1,198,037
1,030,300
209,318
220,103
247,559
332,019
385.111
356,257
431,306
714,828
400,392
380,418
518,215
487,91s
648,743
857,046
812, S70
1,026,499
1,100,733
1,285,349
782,870
751,736
1,041,570
878,567
Total since
1900, or tor
last 11 years. 10,817,539
4,195,524
9,673,953
Year curling
June 30—
1901....................
1902....................
1603....................
lec-s....................
1905....................
1800....................
1607....................
1608....................
1909....................
1910....................
1911....................
11.9
9.5
8.9
12.8
12.1
12.1
6.8
8.1
(3)
(3
M
Debarred
aliens.
74,950
82,055
64,269
27,844
33,256
65,618
153,120
141,S25
192,449
150,467
151,733
3,516
4,974
8, 769
7,994
11,879
12,432
13,064
10,602
10,411
24,270
22,349
1,143,586
130,560
1 Official Government statistics. (Annual report of Commissioner General of
Immigration.)
2 Statistics furnished to the Government by steamship companies. (Required
by act of Feb. 20, 1007.)
3Not given after 1909.
Nona 1.— The distinction “ immigrant alien ” and “ nonimmigrant
alien ” is fanciful, the only difference being as to whether the alien comes
for the first time or comes intending to remain. A “ nonimmigrant
alien ” is so classified if the alien says he expects to return to the
native land.
N ote 2.— Although 9,787,239 aliens entered this country during the
last census decade (1900 to 1910), the Census Bureau reports that
our foreign-born population increased only 3.129,706, which tends to
show that the number of alien departures reported by the steamship
companies fails short of the number that actually leave the country.
The Immigration Commission reports that “ at least 40 per cent of
those coming return ” taking a minimum of §250,000,000 annually out
of the country.
Mr. OVERMAN. What is tho price of steerage passage? In
1883 it was $25 to $30; now it is $35 to $40. So they realize
from the steerage passengers alone coming this way at least
$35,000,000 annually. Now. let 'us see what profits they are
making. This great trust, this Steamship Trust, which has
been indicted and is being prosecuted by the Government, I
understand, a few months ago declared dividends as follows,
to wit, Hamburg-American Line a net profit of $10,900,000 and
the Bremen Line a net profit of $10,375,000.
[From the New York Sun, Mar. 15, 1912.]
BREMEN LINE DIVIDEND----NORTH GERMAN LLOYD LINE TO PAY 5 PER CENT
FOR 1911.
The North German Lloyd directors met in Bremen yesterday and
decided to declare a dividend of 5 per cent at the general meeting to
be held on April 3. The managing director’s report showed profits for
1911 of $10,375,000, a gain of about $875,000 over 1910. The profits
are largely the result of Improved freight- conditions in South America
Und Australia, the North American passenger traffic showing a fall
ing off.
The general-expense fund of the company was increased to $5,175,000,
as against $5,100,000 in 1910, and in the figures for 1911 Is included
$375,000 for extra depreciation of seagoing vessels.
The insurance
fund was Increased by the addition of $365,000, the reserve fund by
$100,000, the' renewal fund by $225,000, and the extra reserve fund
by $68,750.
The increase in the reserve fund was approximately
$750,000 in 1911, as against $500,000 in 3910.
The financial position of the company has been considerably strength
ened, as the indebtedness decreased from $9,100,000 at the beginning
of 1911 to $4,875,000 at the close of the year, while the debts owing
to the company on January 3, 1912, amounted to $4,525,000, as against
$3,875,000 on January 1, 1911.
Included in the indebtedness of the
company is a large amount of money which has been paid on steamships
cow under construction and shortly to be finished.
A pril 19
[From the New York Times, Mar. 14, 1912.]
HAMBURG-AMERICAN REPORT----A NET PROFIT OF $10,900,000 FOR THE
YEAR IS SHOWN----BY MARCONI TRANSATLANTIC WIRELESS TELEGRAPH
TO THE NEW YORK TIMES.
B e r l in , March 13, 1 9 1 2 .
The report of the Hamburg-American Line for 1911 shows a net profit
of 43,799,044 marks (about $ 1 0 ,900,000).
Deducting interest on prior loans, there remains 40,520,185 marks
Of this sum 1,348,108 marks has been assigned, in accordance with a
statute of the company, to the insurance and reserve funds, and the
sum of 27,676,412 marks has been employed in writing down the value
of ships, etc., and adding to the renewal fund and other accounts. •
The available balance is 11,495,665 marks, which admits of a divi
dend of 9 per cent, leaving the sum of 245,665 marks over.
Most departments of tnc company’s freight business show highly
satisfactory development, but emigration to the United States suffered
an appreciable reduction as compared with 1910.
[From the New York World, Mar. 12, 1912.]
NORTH GERMAN LLOYD SHOWS BIG PROFITS----INCREASE POR YEAR I S
$850,000, AND DIVIDEND GOES FROM 3 TO 5 PER CENT.
B r e m e n , Monday.
The annual report of the North German Lloyd was submitted at a
meeting of the directors to-day#
The report shows gross pfofits for the year of 41,500,000 marks
($10,3 7 5,0 0 0 ), an increase of 3,400,000 marks ($8 50 ,0 00 ). A dividend
of 5 per cent was recommended, as against 3 per cent last year.
The report says the reduction in the receipts, due to a falling off ia
North American passenger traffic, was more than counterbalanced by
increased freight earnings in the South American and Australian
services.
I am going to show you that the steamship lines can afford
to bring every single immigrant who came here last year—in
round numbers more than a million—for absolutely nothing in
order to get the price which they get for the immigrants who
return, and therebj* realize a good profit.
During the hist 10 years the immigrants returning from this
country to Europe have averaged nearly 400.000 per year, ac
cording to tlieir own statements. Multiply the steamship rate,
$35, by 400,000, and you have $14,000,000 which they realize
from steerage passengers alone that they carry away from this
country. The report of the Industrial Commission shows that
the actual cost to bring an immigrant to this country is from
$6 to $8. Put it at the highest sum, to wit, $8. It costs them
to bring here 1,000,000 steerage passengers $8,000,000. Then
they get from the returning immigrants $14,000,000 and make a
net profit of $6,000,000, even if they did not charge a cent to
bring a million immigrants here.
We want to increase this tax in order to increase the revenue,
because the administration of this bill, If we should adopt it, is
going to cost a great deal more money.
These immigrants come here and share in our blessings, but
they do not share in our burdens. They get the advantages of
our schools, but they pay no taxes. They get the advantages of
our charitable institutions, but they contribute nothing to their
support.
To-day in the asylums of New York there are 30,000 insane
people, and it is reliably stated that of those 30,000 insane
persons 15,000 are alien born, and the taxpayers of New York
are required to support them. These steamship companies, this
great trust, which is said to be the greatest trust in the world,
have organized for the purpose of bringing all kinds of people
from all over Europe to this country for the revenue they get
from bringing them here and carrying them back. These re
turning immigrants have carried back and sent from this coun
try in the last 10 years, according to the report of the Immigra
tion Commission over $2,000,000,000 to enrich southeastern and
other countries of Europe. I ask the Senator from Vermont
[Mr. D i l l i n g h a m ] if there has not been an organization in
Europe to bring these people here in order to get the wages we
pay them, expecting them to go back to enrich their country?
I remember when I made a speech on this subject four years
ago there was a gentleman sitting in the gallery who came to
me and said: “ I am a contractor. Last year I worked 150
Austrians who belong to the Austrian Army. They were sent
here for the purpose of working to get money from this country
to carry back to their country.”
I say, in view of the enormous sums of money these steam
ship companies get from the immigrants, they can well afford
to pay this head tax. Why have they increased the steerage
rates? Why did they increase the steerage passage from $20 to
$35 before we ever levied a dollar head tax? It costs them but
$8 to bring an alien here, the report says. Some reports say it
costs them only $6, but the extreme cost is $8. Then if we
make this tax $10 the immigrant will not pay it, but the steam
ship companies will pay it and help us to get some revenue to
administer the laws of this country, and it will, in a measure,
reimburse us for the financial burden the traffic has entailed.
Mr. President, I am going to close by reading an extract from
an article written by the secretary of the Immigration Commis
sion. He wrote a very interesting and able paper in the North
Mr. OVERMAN. On that I call f o i ^ ^ f ^ S e e d e d
T b ^ y ^ and nays were ordered, andjiie {secretary yi
tojfotTtlie
*
•
,
,
_
W r. TOAV^/ND
O
Mr. Ci4£
for*s4«iTO/frQ>fi MhmesUta W b e
D tr
e
mie was called). The
’ called out of the Sen-
ate on business./
__0 pniipdw i will again
Mr. GALLIN(j ER (when bis nan e *
m i / w t h the senior
anaafinSe my pair and thejransfer of my naic^vim
junior Senator
H rn_ Y d r g J fliiL LJ4T. M a r t i n ]
o
vote “ yea,”
ill
ailed).w I again anMr. JZT’PITT (when his name w
-non
Senator from Tenmy g^nfral pair with the se:
n ef^ o [Mr.
]. If I were at libeij to vote. I^hould vote
“ nay.” I
for the day.
Mr. OI
paired
Oregon [Mr. C hamberlain ].
with th^Jum br Senator
e would vote on this amendI am not informed as to
P‘
voting. I f I were at liberty to
meat,"'and I will refrain
vote, I would vote “ nay.”
_
Mr. BACON. I hate 1fw>n' 'requested b y ..the Senator from
Oregon [Mr. Chamberlain ] to state that he hrw- been neces
sarily called away from the Chamber. _
T
.
The PRESIDING -OFFICER. The question now is' upon The
—
mr,v./l~-----.
ft amendment offered by the Senator from N
North Carolina [Mr. [Mr.
• all
M
erman ], which the Secretary will state.
‘ ‘!e Secretary. In section 2, page 2, line 20, before the word end,jfe | dollars,” strike out “ four ” and insert “ ten.”
r'
T X kUlUiUVJ
U.
1 to
inquire whether the junior Senator from Minnesota [Mr.
Clapp] has voted.
The PRESIDING OFFICER. He has not.
the Senator
SIMMONS. I have a general pai.i^
fromMfmTCsonr^l cm noFTflWP'WfPf!^ w S I t l vote i f he were
here. Observing the pair, I desire to state that i f I were at
liberty to vote I would vote “ yea.”
Mr. TOWNSEND (when the name of Mr. Smith of Michigan
was called). I again announce that the Senator from Mich
igan [Mr. Sm ith ] is absent on business of the Senate. He is
paired with the Senator from Missouri [Mr. R eed]. I wish
this announcement to stand for all the votes to-day.
Mr. SWANSON (when his name was called). I should like
to ask whether the junior Senator from Nevada [Mr. Nixon ]
has voted.
The PRESIDING OFFICER. The junior Senator from Ne
vada has not voted.
Mr. SWANSON. I have a general pair with that Senator.
I do not know how he would vote on this question. I f he were
present, I would vote “ yea.”
Mr. WATSON (when his name was called). I again an
nounce my pair with the senior Senator from New Jersey [Mr.
B riggs]. I transfer the pair to the junior Senator from Okla
homa [Mr. Gore] and vote. I vote “ yea.”
The roll call was concluded.
Mr. HEYBURN. I did not announce my pair when my name
was reached. I am paired with the senior Senator from Ala
bama [Mr. B ankhead !. I do not know how he would vote.
I therefore
my vote! “ I Mi ink. if he were here we
would -r«To alike.
yjiows:
The result was announced—yeas 26, nays 32, asHoJlows:
Ashurst
Bacon
Bradley
Bristow
Bryan
Chilton
Cummins
Bourne
Brown
Burnham
Burton
Catron
Clark, Wyo.
Clarke, Ark.
Crane
Bailey
Bankhead
Borah
Brandegee
■Briggs
Chamberlain
Clapp
Culberson
Bavis
Bixon
Y E A S — 26.
Jones
Curtis
Fall
Myers
Fletcher
Overman
Foster
Perkins
Gallinger
Poindexter
Gardner
Pomerene
Smith, Ga.
Johnston, Ala.
Crawford
Cullorn
Dillingham
Gronna
Johnson, Me,
Kern
Lodge
Nelson
N A Y S — 32.
O’Gorman
Page
Percy
Rayner
Root
Sanders
Shively
Smith. Ariz.
NOT VO TIN G — 37.
du Pont
Lorimer
Gamble
MeCumber
Gore
McLean
Guggenheim
Martin, Va.
Ifeyburn
Martine, N.
Hitchcock
Rowlands
Kenyon
Nixon
Oliver
La Follette
Lea
Owen
Paynter
Lippitt
send to the desk.
\
Smith, S. &
h.
Sutherland
Thornton
Tillman
W atson
Smith, Md.
Smoot
Stone
Townsend
Warren
Wetmore
W illiam s
W orks
Penrose
Reed „
Richardson
Simmons
smith. Mich.
Stephenson
Swanson
y
jt
/
/
1
The PRESIDING OFFICER. The Senator from New York
offers an amendment, which the Secretary will state.
The Secretary. In section 20, page 44, line 11, after the word
“ hereof,” it is proposed to insert the words—
Any alien who shall take advantage of his residence in the United
States to conspire with others for the violent overthrow of a foreign
Government recognized by the United States.
Mr. LODGE. I accept that amendment, Mr. President. I
think it ought to be put in the bill.
The PRESIDING OFFICER. The question is on agreeing to
the amendment.
Mr. WILLIAMS. Is the reading of the amendment “ any
alien who shall take advantage of his residence in the United
States for the purpose of conspiring for the overthrow of
another government ” ? I f so, it seems to me that is going
pretty far.
Mr. GALLINGER. Let the amendment again be stated.
The PRESIDING OFFICER. The Secretary will again state
the amendment proposed by the Senator from New York.
The Secretary. In section 20, page 44, line 11, after the
word “ hereof,” it is proposed to insert the follow ing:
Any alien who shall take advantage of his residence in the United
States to conspire with others for the violent overthrow of a foreign
Lgovernment recognized by the United States.
Mr. ROOT. I ask to have the letter which I send to the desk
read to the Senate. It is a letter from the governor of Texas,
which explains the reason for the amendment.
The PRESIDING OFFICER. Without objection, the Secre
tary will read the letter presented by the Senator from New
York.
The Secretary read as follows:
G o ve r n o r ’ s O f f ic e ,
A ustin, Tex., April 12, 1912.
Hon. E l i h u R oot ,
United States Senate, Washington, 7). O.
D e a r S ir : Congressman B u r l e s o n , of Texas, has sent me a copy of
your amendment to the bill amending the immigration laws of the
United States providing for the deportation of revolutionists who take
advantage of residence in the United States to conspire with others
for the violent overthrow of a foreign Government.
I sincerely hope that you will press the adoption of your amendment,
and that you will urge immediate action in the passage of the bill.
The recent assassination of Americans by order of Orozco fully jus
tifies this country in running every Mexican revolutionary sympathizer
out of the United States.
Besides, your amendment will do more to
promote peace in Mexico than anything else which has been under
taken. Americans have very large interests in that country, and their
lives are in danger every day, and this fact has been a source of great
anxiety to me, and I have employed my limited power in every way
consistent to protect them, and also protect the lives and property of
our own citizens along the Rio Grande. This work entails a great deal
of responsibility and expense upon the State government, a burden and
expense which other States do not have to bear, and I appeal to you
to press your amendment and the bill to an early adoption and pasYours, truly,
O. B. C o l q u it t , Governor.
Mr. WILLIAMS. I f the governor of Texas correctly quotes
the amendment, it contains a very important adjective that I
did not catch when the amendment was read. I f the amend
ment be as he quotes it, against those who conspire for the
“ violent overthrow ” of a Government recognized by the United
States, I have no objection to it.
Mr. ROOT. That is the case.
Mr. WILLIAMS. But I did not so catch the reading of the
amendment at first.
Mr. ROOT. That is in the amendment.
Mr. WILLIAMS. I repeat, then, that I have no objection to
the amendment.
Mr.-LODGE. Mr. President, I will say that that amend
ment comes in in the clause which provides for deportation,
uch persons are simply to be deported; that is all.
The PRESIDING OFFICER (Mr. B randegee in the chair),
e question is on agreeing to the amendment proposed by the
Senator from New York [Mr. R oot],
he amendment was agreed to.
Mr. POMERENE. I offer the amendment which I send to
the. desk. I request the attention of the Senator from Massa
chusetts [Mr. L odge] to it.
The PRESIDING OFFICER. The amendment proposed by
thJ Senator from Ohio will be stated.
The S e c r e t a r y . In section 7, page 14, line 14, it is proposed
after the word “ partnership,” to strike out the word “ o r ” ;
in line 15, to strike out the word “ and ” before tlie word
“ others,” and insert tlie word “ o r ” ; and after the word
“ others,” in line 15, to insert a comma.
Mr. LODGE. I think that that is an improvement of the
wording, and I am glad to accept it.
The PRESIDING OFFICER (Mr. Curtis in the chair).
Tlie question is on agreeing to the amendment proposed by the
Senator from Ohio.
The amendment was agreed to.
5028
CONGRESSIONAL RECORD— SENATE
Mr. SMITH of South Carolina. I now move the amendment
which I offered this morning, in section 3, page 9, after the word
“ labor,” at the end of line 18, to insert the words “ if other
wise admissible.”
/
Mr. LODGE. That, I think, also is desirable, Mr. President.
The PRESIDING OFFICER. The amendment proposed* by
the Senator from South Carolina will be stated.
The Secretary. In section 3, page 9, at the end of lii^c* 18,
after the word “ labor,” it is proposed to insert “ if otherwise
admissible,” so as to read:
Provided further, That skilled labor, if otherwise admissible, may be
imported, etc.
The amendment was agreed to.
Mr. WILLIAMS. In section 3, page 5, line 3, after the word
“ had,” I move to insert the word “ one ” instead of “ two.”
The language of the bill is, amongst the enumeration of those
who are not permitted to come to this country:
Persons who have had two or more attacks of insanity at any time
previously.
I do not see why more than one attack should be necessary to
convince people of the fact that they might have another.
The PRESIDING OFFFICER. The Secretary will state the
amendment proposed by the Senator from Mississippi.
The Secretary. In section 3, page 5, line 3, after the word
“ had,” it is proposed to strike out the word “ two ” and to in
sert “ one,” so as to read :
Persons who have had one or more attacks of Insanity at any time
previously.
Mr. LODGE. Mr. President, I have no objection to that
amendment.
The amendment was agreed to.
Mr. SHIVELY. In section 3, page 10, line 2, I move to strike
out the word “ either,” before the word “ before,” and the words
“ or after ” as they appear after the word “ before.”
The PRESIDING OFFICER. The Secretary will state the
amendment proposed by the Senator from Indiana.
The Secretary. In the committee amendments already agreed
upon in section 3, page 10, line 2, before the word “ before,” it
is proposed to strike out the word “ either,” and after the word
“ before ” it is proposed to strike out the words “ or after,” so
that if amended it will read:
A pkil 19
The PRESIDING OFFICER. The question is on the am end
ment proposed'try the’ Senator fioni •Jwdinua ■
[MlV-SriTVEr-rt.' The amendment was agreed to.
Mr. WATSON. I offer the amendment which I send to the
desk, and on the amendment I ask for the yeas and nays.
The PRESIDING OFFICER. The amendment proposed by
the Senator from West Virginia will be stated.
The Secretary. In section 2, page 2, line 20, before the w ord
“ dollars ” —the head-tax proposition—it is proposed to strike
out the word “ four ” and to insert the word “ seven,” so as to
read:
That there shall be levied, collected, and paid a tax of $7 for everv
alien, including alien seamen regularly admitted as provided in this act
entering the United States.
^The PRESIDING OFFICER. Upon the amendment proposed
biy the^Senator from West Virginia [Mr. W atson] he asks fu
ud
the yeas awe hayy.
Mr. BRISTOW. Where does the amendment come in? From
the reading of it I could not tell.
The PRESIDING OFFICER. The Secretary will again state
the amendment.
The Secretary again stated the amendment of Mr. W atson.
The PRESIDING OFFICER. Upon the amendment the Sen
ator from West Virginia demands the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. TOWNSEND (when Mr. Clapp’s name was called).
The junior Senator from Minnesota [Mr. Clapp] is unavoidably
absent from the Senate. I do not know how he would vote on
this amendment.
Mr. OLIVER (when his name was called). I again announce
my pair with the junior Senator from Oregon [Mr. Chamber
lain ].
Mr. SIMMONS (when his name was called). I have a gen
eral pair with the junior Senator from Minnesota [Mr. Clapp].
I transfer that pair to the junior Senator from Louisiana [Mr]
T hornton] and vote. I vote “ yea.”
Mr. SWANSON (when his name was called). I have a gen
eral pair with the junior Senator from Nevada [Mr. N ixon ].
As he has failed to vote, and not knowing how he would vote, I
withhold my vote. If he were present, I should vote “ yea.”
Mr. FOSTER (when Mr. T hornton’s name was called). I
Such application to be made before such importation.
The PRESIDING OFFICER. The question is on the amend wish to state that my colleague [Mr. T hornton] is unavoidably
absent.
ment proposed by the Senator from Indiana.
Mr. WATSON (when Jiis name was called). I again an
Mr. LODGE. Mr. President, the committee made that change
in order to remedy what has proved, in the rare cases in which nounce the transfer of my general pair, with the senior Senator
it lias happened, a great hardship, and to allow the matter to be from New Jersey [Mr. B riggs] to the junior Senator from Okla
determined either before or after the importation. I see no homa [Mr. Gore] and will vote. I vote “ yea.”
The roll call was concluded.
objection to the amendment, though I think the language ought
The result was announced—yeas 27, nays 32, as follow s:
to stand as it is.
Mr. SHIVELY. Mr. President-----/
YEAS—27.
Curtis
Jones
The PRESIDING OFFICER. Does the Senator from Massa Askurst
Simmons
Fall
Bacon
Kern
Smith, Ga.
chusetts yield to the Senator from Indiana?
Fletcher
Bradley
Myers
Smith, S. C.
Mr. LODGE. Certainly.
Foster
Bristow
Overman
Sutherland
Bryan
Gallinger
Perkins
Tillman
Mr. OVERMAN. On what page is the amendment?
Gardner
Poindexter
Watson
Mr. SHIVELY. The amendment is to strike out Certain Chilton
Johnston, Ala.
Cummins
Pomerene
words in line 2 on page 10. The present law requires the ap
N AY S— 32.
plication for authority to import skilled labor under certain
Bourne
Cyawford
Page
Smoot
stated conditions to be made before such labor is imported. Brown
Cullorn
Percy
Stephenson
Dillingham
Rayner
The committee amendment, as reported on the bill, provides Burnham
Stone
Root
Gronna
Townsend
that such application may be made “ either before or alter ” Burton
Johnson, Me.
Sanders
Catron
Warren
the importation takes place. This change I oppose. »M y Clark, Wyo.
Shively
Lodge
Wetmore
Smith, Ariz.
Nelson
Williams
amendment is to strike out the word “ either ” and also dhe Clarke, Ark.
O’Gorman
Smith, Md.
Works
Crane
words h or after.” The committee amendment would allow |he
NOT VOTING— 36.
labor to be imported without authority first granted, and let&'e
Dixon
Lea
Oliver
Bailey
the fact of the right of importation to be tried afterwards,
Owen
Lippitt
du Pont
Bankhead
amendment requires the right of importation to be tried a
Lorimer
Paynter
Borah
Gamble
settled in advance.
McCumber
Penrose
Gore
Brandegee
McLean
Reed
Guggenheim
Mr. LODGE. I misunderstood the Senator’s amendment in Briggs
Martin, Va.
Heyburn
Richardson
the reading. He stated, I thought, that he was proposing to %£}lfiS1)erlain
Martine, N. J.
Smith, Mich.
Clapp
Hitchcock
strike out the word “ before,” leaving the same trouble that 'Culberson
Swanson
Kenyon
Newlands
Nixon
Thornton
La Follette
now exists; but I now understand he proposes to strike out the E%yis
word “ after,” and leaves it “ before such importation.”
Mr. W atson’ s amendment was rejected.
Mr. SHIVELY. So that the application must be made before
MILESTONE. Mr. President, I should like to ask UkT Sen
the importation.
ator in charge of this bill why in section 2 a chij#£h is pro
Mr. LODGE. I have no objection to that change.
posed to be wade in the existing law by insgi^tfig the words
Mr. SHIVELY. And no application is allowable afterwards. “ including aliensettwen ^g^ularly;
as provided in
Mr. LODGE. The hardship arises when a man has to be this act ” ?
returned after he has arrived here.
Mr. LODGE. Because, Mr. President, to this bill there have
Mr. STONE. How will the clause read if amended as pro been added some new clauses affecting immigrants who have
posed ?
come in as seamen and thus escaped, the enforcement of the
The PRESIDING OFFICER. The Secretary will again state immigration law. It is becoming a very great abuse. Men
the amendment.
who have been unable to be admitted under the regular ex
The S e c r e t a r y . If amended as proposed, the provision will amination would secure employment on a ship in some capacity,
read :
come to this country, leave the ship at the wharf, and avoid the
Such application to be made before such importation.
examination entirely. It was to stop a large system of evasion
X
1912.
CONGRESSIONAL RECORD— SENATE.
Mr. BACON. Certainly.
Mr. BOOT. Does not tlie Senator from Georgia recognize tlie
fact that a law prohibiting the entrance into this country of the
entire population of a country with which we have a treaty
providing for entrance and residence would break our friendly
relations with that country?
Mr. BACON. What country does the Senator refer to ?
Mr. BOOT. San Domingo, Haiti, three-fourths of the people
of the great Empire of Brazil. Are you going to break off
friendly
wBh Brazil lui prohibiting a. majority of their
people fpwnenterinxH^ie i/ordej>s ojOhe United States?
Mi>'4\VCC)N.< l^jLiiOvydre odloredpeople I would undoubtedly
say yes. NHave we hesitated to break off friendly, relations, if
need h o f^ t h Japan or China? They are as impj»tant to us as
Bntyy ^ f t is a question of whose ox: is g^edrJJhd I repeat that
I y^UButterly a^trjyNird/whrnthe
New Ym’lf got
I suppos^u, of course, he was
p f or the purpose o f givingvjiis assent to it.
WeJrSa^e a tremendous problem, one fna solution of which no
foresee or predict or arrangAd'or. We are struggling
best we can, and we ask-sruijdy thaMt not be added
make any
£hall not come to
mingo or Haiti or Cuba chose to make
the issue with uSyAvWt is the more important, that we should
preserve our instibrtions or that we should run the risk of
offending these pp6plh?
We do not invade t j^ p territory. Wo are simply protecting
ourselves. I f
can-protect our country' hgaiust^the liorcles of
Asia and not only so, but against undesirable fn'eple from
5031
Mr. STONE. Mr. President-----The PBESIDING OFFICEB. Does the Senator from Georgia
yield to the Senator from Missouri?
Mr. BACON. I do.
Mr. STONE. The sixty thousand who have come from San
Domingo, Haiti, Cuba, and so forth, came within what range
of time?
Mr. WILLIAMS. Five years.
Mr. STONE. Five years? Where did they settle when they
came—in the South or in the North?
Mr. WILLIAMS. On the Florida Keys and the Gulf of
Mexico. Some of them—quite a percentage of them—went to
New York City. I do not know precisely how that happened.
Mr. STONE. Is the greater number in the North or in the
South?
Mr. BACON. Most of them are in the South, and there is
where the menace is. I repeat I was really surprised and
disappointed that there should be opposition to this reasonable
request.
Mr. SMITH of Georgia. Mr. President, it was not my pur
pose when I rose to obtain the floor, before the senior Senator
froih Georgia [Mr. B acon] spoke, to occupy the time of the
Senate upon this subject except for a few moments.
I wish most earnestly to express my approval of the amend
ment proposed by the Senator from Mississippi [Mr. W illiam s ],
and I wish to earnestly request the Senators on the other side
not to resist it. The Senator from Georgia has made our ap
peal to the Senators upon the Pacific coast. It does seem to me
it is one that they can not fail to heed.
I have had some observation o f the elements sought to be
Europe,--is it to be treated as a trivial matter when it has'beeu reached by this amendment. They are not desirable. Who
fitted out by the Senator from Mississippi that sixty-odd thou^'j-wishes them here? I desire to say to the Senators on the other
I'lr. WILLIAMS. After the word “ descent,” in section 3, sfde that our black people, our negroes, in the Southern States
very much object to them. If the wishes of our negro popu
on page 8, line 9, I move to insert the words—
lation; in the South were to be considered it would be found
Persons of African descent, whether from Africa or the W est Indies,
'that they are almost a unit against the immigration of the
except Porto Rico.
West Indian negroes. As a rule they do not work pleasantly
The PBESIDING OFFICEB. The question is on the amend ^together.
ment offered by the Senator from Mississippi.
‘ I had occasion to observe it in quite an extensive amount of
people there are. We want immigration, but we want it o f a work done at Key West, in which I had an interest, a few years
. different kind. The immigration that I prefer is the immigra ago. We were almost unable to keep our Georgia negroes that
tion of our own blood and people from the Northern States who we took down there and induce them to work with the West
come^a,the South—and great quantities have come and I hope Indian negroes. They do not harmonize. They do not fraternize
a great huVriy more of them will come, because they add to all with the negro population of America, who vastly prefer that
that is best in the improvement and development of our country. we should exclude these foreign negroes.
But it is an impossibility, as pointed out by the Senator from
I am sure that the white laboring men do not want them
Mississippi, that anyone of this race can come and add to the brought here to be put in competition with them in large enter
Present population without its being an injury, and in the case prises. We do not believe that there is any desire by any
of any prospect of a large number a most serious menace to us. American citizens to have them. We are sure that it is to the
ft has not been a matter of any importance to us to keep out interest of our section not in any sense to increase the negro
the Asiatics; we have not been threatened with anything on population. We are seeking to handle the problem. I want'to
account of the Asiatics; and yet the southern people have not say to Senators on the other side that the larger the proportion
hesitated for a moment, but have stood as a man for their ex of whites in any one of our counties and the smaller the pro
clusion, and I do not suppose that a single vote can be shown portion of the blacks the more the blacks prosper, the better
cast by a southern man opposing the legislation which has been their condition. Instead of increasing the blacks proportion
asked to protect the States upon the Pacific corfst. When this ately to the whites, as they decrease the black man fares better
is asked by us, why should there be this differentiation?
and improves more rapidly. It is to the interest of our colored
We make some exceptions now in favor of this race. It is race here in the United States not to increase it at all from
the only race that under our law can be naturalized other than the outside; and that is certainly to the interest of the white
a member of the Caucasian race. We do not permit a Mon race.
I want to assure you that from my personal contact with our
golian or a Malay to be naturalized. As is suggested to me by
the Senator from Mississippi, when the Negro comes here he negroes in the South and their aversion to these foreign negroes
is not limited as the Mongolian or the Mala'y is by the simple you will not be pleasing them by opening the door. I join
opportunity to come here. The Mongolian or the Malay when with the Senator from Mississippi and the Senator from
he comes here is denied the right of citizenship. This other man, Georgia in appealing to you to allow this amendment to pass.
Mr. STONE. Can the Senator from Georgia tell me whether
when he comes here, is given the right of citizenship; and there
these 60,000 West Indian negroes come here temporarily to en
a* a good many other reasons which could be urged.
‘e
We are dealing with this problem in the most conservative gage in some particular work or whether they come here to
Planner. The people of that race are not oppressed. There are remain as citizens and become a part of our population? Do
individual instances of wrong, just like there are individual they bring their families?
Mr. SMITH of Georgia. No; those whom I have seen and
instances of wrong everywhere, but the relation between them
nnd the whites is a kindly relation. It is a relation in which those with whom I have come in contact in my observation of
Bie stronger protects the weaker. It is a relation $o agreeable certain enterprises in which I was interested in southern
i° them that it is only the exceptional man who can be induced Florida, in southern Alabama, and in southern Georgia have
aiuue. x
»»^
^ engage in
to leave that section of the country to go elsewhere, and we largely come alone. They are men who come to cug(iSt- ui work
sawmill
Propose to the best o f our ability to work out the problem with- connected with.Jupger enl erprises-^coiistruction work, sa
interfere
°ut injustice to anybody. But. in God’s name, do not add to it; w<nflWoFsbinetnlhg of that character—and they really ini
ahd if sixty-odd thousand of these people have come here with the work done by our local laborers.
The PBESIDING O IIIC E B . The question is on agreeing to
ru f llU tllis sllort time—a fact, I repeat, o f which I was igt] )lant—I am impressed with the importance of the adoption of the amendment proposed by the Senator from Mississippi IMr
11 L >
o amendment, and I appeal to Senators, when we have stood W illiams ].
y them in the past, as we have done in all these years without m n !''
^EMAX... *,u llint
~
the- -yfJiSs and
A cePti°n, in trying to protect them against the invasions of
The yeas and nays were ordered, and the Secretary pro
bitics, not now to deny us what we ask for the protection of
ceeded to call the roll.
1
Ohrselves.
X L V III------310
5032
CONGRESSIONAL RECORD— SENATE.
A rm
19
Mr. SMITH of South Carolina. I wish to call the attention
Mr. OLIVER (when liis name was called). I announce my
pair with the junior Senator from Oregon [Mr. C h a m b e r l a i n ] . of the Senator who has the bill in charge to one word, on patA
Mr. SIMMONS (when his name was called). I have a gen 4, line 2, at the beginning of the line. Would it not add to tlm
eral pair with the junior Senator from Minnesota [Mr. Clapp]. efficacy of the bill to change the word “ may ” to “ shall ” ?
Mr. LODGE. “ May require the deposit of such tax.”
I will transfer that pair to the junior Senator from Louisiana
[Mr. T hornton], and vote. I vote “ yea.”
Mr. SMITH of South Carolina. Yes. Would it not strengthen
Mr. SWANSON (when"his name was called). Has the junior it somewhat to use the word “ shall ” in place of “ may ” v
Mr. LODGE. He may require it “ only upon proof.”
Senator from Nevada [Mr. N ixon ] voted?
would weaken it; it would not strengthen it. It now reads that
The PRESIDING OFFICER. He has not.
Mr. SWANSON. I have a general pair with that Senator. he “ may require it only upon proof,” and then it would read
I do not know how he would vote on this question, so I with that he “ shall require it only upon proof.” It would weaken
the clause and not strengthen it.
hold my vote. If he were present, I would vote “ yea.”
Mr. SMITH of South Carolina. It was called to my atten
Mr. WATSON (when his name was called). I announce the
transfer of my general pair with the Senator from New Jersey tion by an organization who asked me to call the attention of
[Mr. B riggs] to the junior Senator from Oklahoma JMr. Gore] the Senate to it.
Mr. LODGE. I f the Senator will read the clause he will see
as on previous votes, and I will vote. I vote “ yea.”
that it would weaken it and not strengthen it.
The roll call was concluded.
The PRESIDING OFFICER. If there are no further amend,
Mr. BRANDEGEE. I previously announced that I was
paired with the junior Senator from Arkansas [Mr. D avis]. ments to be offered as in Committee of the Whole, the bill
I am authorized by the senior Senator from Iowa [Mr. Cum be reported to the Senate as amended.
The bill was reported to the Senate as amended, and the
m ins ] to transfer that pair to the junior Senator from Iowa
amendments were concurred in.
[Mr. K enyon], and I do so, and will vote. I vote “ nay.”
Mr. WILLIAMS. I wish to renew the amendment I offered
Mr. BURNHAM. I have a general pair with the junior
Senator from Maryland [Mr. Sm ith ]. In his absence I with to come in after the words “ United States,” in line 11 on page
hold my vote. If I were at liberty to vote, I should vote “ nay.” 8. After the semicolon following the words “ United States,” j
Mr. TOW'NSEND. I desire to announce that the junior move to insert:
Senator from Minnesota [Mr. Clapp] is unavoidably absent
Persons of African descent, whether from Africa or the W est Indies
from the Senate.
except Porto Rico.
'’
Mr. FOSTER. I wish to announce the unavoidable absence
The PRESIDING OFFICER. The Scretary will state the
of my colleague [Mr. T hornton].
amendment.
Mr. SIMMONS (after having voted in the affirmative).
The Secretary. On page 8, line 11, after the words “ United
Owing to « ^ « p e Thyi( L have as to how the absent States” and the semicolon, insert the words:
Senator froth Louisiana [Mr. TEm^%0W ^^^idd vote on this
Persons of African descent, whether from Africa or the W est Indies
question, I will withdraw my vote.
'^i'* * ..,
**
except Porto Rico.
’
Mr. FOSTER. If the junior Senator from LouisfSng. [Mr.
The PRESIDING OFFICER. The question is on agreeing to
T tiorn- O ] were here, he would vote “ yea.”
t n
’%
the amendment.
MV. SIMMONS. I misunderstood it, then. I f that is the chse^
The amendment was rejected; there being, on a division—ayes
F will vote. I transfer my pair to the Senator from Louisiana
[Mr. T hornton], and as he wr
ould vote “ yea,” I shall vote. (-*22, noes 24.
w . rpi PRESIDING OFFICER. The bill is still in the Senate
The
I vote “ yea.”
•
a%l open to amendment.
♦ The result was announced—yeas 25, nays 28, as follows:
Mr. RAYNER. Mr. President, I desire to make a statement.
Y E A S— 25.
I was out of the hall when the vote was taken on the amend
Gallinger
Percy
Ashurst
Tillman
ment of the Senator from Mississippi [Mr. W illiams ]. If I
Bacon
Gardner
Perkins
Watson
Bryan
.Tohnson, Me.
had been present, I would have voted “ yea ” on that amendment.
Poindexter
Williams
Chilton
Johnston, Ala.
Simmons
Works
The, PRESIDING OFFICER. If no further amendments he
Crawford
Jones
Smith, Ga.
proposed, the question is, Shall the bill be ordered engrossed
Fletcher
Myers
Smith, S. C.
Foster
Overman
Stone
for a third reading and read the third time?
NAYS— 28.
The bill was ordered to be engrossed for a third reading, and
Clark, Wyo.
Gronna
Bourne
Shively
was read the third time.
Lodge
Crane
Smoot
Bradley
The PRESIDING OFFICER. The question is, Shall the bill
Nelson
Brnndegee
Cullom
Stephenson
pass? a
Cummins
Page
Bristow
Sutherland
Curtis
Brown
Pomerene
Townsend
Mr./--STONE. Mr. President, just a word. I shall not ask
Dillingham
Root
Burton
Warren
for tlte yeas and nays, but I wish to say, as far as I am con
Fall
Sanders
Catron
Wetmore
cerned, that if a yea-and-nay vote shall be ordered I shall vote
NOT VOTING— 42.
against the bill in its present form.
Lorimer
Bailey
du Pont
Penrose
McCumber
Gamble
Rayner
Bankhead
Tfio PRESIDING OFFICER. The Chair was unable to hear
McLean
Gore
Reed
Borah
thepfeenator from Missouri.
Martin, Va.
Guggenheim
Richardson
Briggs
Mr. STONE. I think the reporter hears what I am saying
Mar tine, N. J.
Smith, Ariz.
Heyburn
Burnham
Smith, Md.
ajld it is not important that the Chair should hear.
Hitchcock
Chamberlain
Newlands
Nixon
Smith, Mich.
Kenyon
Clapp
} The PRESIDING OFFICER. Well, the Chair would like to
'Kern
O’Gorman
Swanson
Clarke, Ark.
hear if the Senator is going to submit a motion.
Oliver
Culberson
La Follette
Thornton
Owen
Davis
Lea
Mr. STONE, tarn addressing the Senate and not the Chair
Dixon
Lippitt
Paynter
and the reporter will get what I say.
’
So Mr. W illiams’s amendment was rejected.
However, for the benefit of the Chair, if it is at all impor
Mr. GALLI-NGEgfes^On page 2, line 20, I move to stri
tant to him, I was saying that I will not ask for a yea-and-nay
“ four ” and insert tlie’%*trd “ five.”
vote, but if one should be ordered I will vote “ nay ” on the pas.
The PRESIDING OFFlCEf*.,.. T hp .nmemliunnA^T n be Stated. sage of this bill.
The Secretary. In section 2, pag^'TT lfhe "20, before the word
I am in favor of practically all the provisions of the bill, es;,
“ dollars,” strike out “ fo u r” and insert “ five,” so as to read: cept the one against which I opposed myself this afternoon. An
Tliat there shall be levied, collected, and paid a tax of $5 for every
amendment was offered by the Senator from North Carolina
alien, etc.
[Mr. Simmons ], providing that immigrants shall be able to read
The PRESIDING OFFICER. The question is on agreeing to and write 25 words of the Constitution of the United States, i
the amendment proposed by the Senator from New Hampshire. think that* was substantially it. Why pick out 25 words of the
The amendment was agreed to.
Constitution of the United States and ask an immigrant to
Mr. CHILTON. I should like to ask the Senator from Massa read it in any language? What does it mean? Is there any
chusetts, on page 8, line 20, the significance of the word “ capi thing to it? You had better have him read that verse from
talists.” It seems to me that is a pretty general word.
Mrs. Hemans’s poems:
Mr. LODGE. That is the word used in the present law.
The boy stood on the burning deck
Mr. CHILTON. I move to strike out the word “ capitalists.”
Whence all but him had fled;
The flame that lit the battle’s wreck
Mr. LODGE. I have no objection to striking it out. I do
Shone round him o’er the dead.
not think it adds anything to the enumeration.
The*PRESIDING OFFICER. The amendment will be stated.
Mr. BACON. Mr. President, I want to say to the Senator
The Secretary. In line 20, page 8, strike out the word that if the immigrant did repeat that he would repeat some
* capitalists.”
thing which, while it has become hackneyed, is one of the finest
things in the English language.
The amendment was agreed to.
1912
CONGRESSIONAL RECORD— SENATE
5107
By reason of this act the court’s jurisdiction was admitted,
I think it ought not to be overlooked that the judgment in the
which had before been denied. The court assumed to review case of Freeborn v. Smith was simply a judgment between pri
the judgment which it could not before review, to entertain an vate parties. But here is a lawsuit which involves peculiarly
appeal which it could not before entertain, and to overturn and the public welfare, which involves a public suit having to do
destroy rights which Mr. Smith had by reason of this judg with the interests o f the whole people, a judgment which was
ment. The precise questions which are raised here by the able entered upon a mandate of the court that it should be in har
Senator from Utah were raised in that case. I read from mony with the law'. I undertake to say without fear of suc
cessful contradiction that the mere fact that the time for appeal
counsel’s brief:
A s to jurisdiction, our position is that the act is a retrospective en has gone by does not give rise to such rights as will not admit of
actment interfering with vested rights. Certainly it attempts to con a review.
fer on this court jurisdiction to review judgments which by law at the
A few words now in regard to the case of Stevens v. Cherokee
time of its passage were final and absolute. The necessary result of
Nation. It has been said that this decree or judgment in this
obtaining it would be to disturb and impair these judgments, unsettle
what had been previously settled, and compel parties to_ litigate anew
case did not settle anything, that it dealt with mere expectan
matters already definitely adjudicated.
There is no higher _ evidence cies. Here wy
ere parties who claimed to be members of a
that rights have vested than a final judgment solemnly confirming them.
If they were citizens of that nation by
Law is defined to be a rule of conduct, and to call an enactment which certain Indian nation.
undertakes to deal with past transactions and subject them to new re reason o f that citizenship, they would inherit certain property.
quirements and conditions as tests o f their legality a rule of conduct is
The decree which had been rendered by the lower court fixed
to confound all rational ideas on the subject.
definitely the status o f citizenship. Property rights flow as a
Again the attorney says:
matter o f right from that citizenship. The statute which gave
the lower court the power to pass upon the question of citizen
The court is here asked to review a judgment on which the law has
already pronounced its final sentence.
The act of Congress just ob ship expressly provided that the judgment o f the court below
tained concedes that the judgment has become final, but declares that
should be final and conclusive. But after the judgment had
it shall not remain so. and deprives the parties of any benefit from it
become final and conclusive, after the parties’ citizenship had
until the matters settled by it are again adjudicated.
The same
This argument is quite in harmony with the argument now been established, Congress provided for an appeal.Court which
questions were raised in that case in the Supreme
being advanced against the disturbance of this decree. The are raised here, to wit, that Congress was exercising judicial
question of vested rights, of judicial action, of finality of the functions, disturbing final judgments, interfering writh vested
judgment are all raised by the able counsel in that case. But rights. But the Supreme Court said in answer to all this :
the court, in answer to all this, said :
It is objected to that the act of February 27 is ineffectual for the
purpose intended by i t ; that it is a retrospective act interfering
directly with vested r ig h ts; that the result of maintaining it would
he to disturb and impair judgments which at the time of its passage
wer§ final and absolute : that the powers of Congress are strictly legis
lative, and this is an exercise of judicial power which Congress is not
competent to exercise. But we are of the opinion that these objections
are not well founded.
Now, is there any doubt that this judgment which the court
is reviewing had become final and absolute? Is there any ques
tion that the Supreme Court had no power to review it without
the act of Congress? Is there any question but that Smith had
there something which he had a right to sell and transfer or
to realize upon if he could find the property? Without this law
which Congress passed a year afterwards could that judgment
have been in any wise disturbed or interfered with? Yet the
Supreme Court held that the act did not confer original juris
diction; that it sirnpiy enabled the parties to perfect or have an
appeal.
What is the difference between that judgment and this de
cree? Both of them had in a sense become final. In both cases
the court was without power to review except by virtue o f an
act of Congress. In both cases the act o f Congress would have
to be retrospective. In both cases the lawsuit was at an end
unless some additional power was given the court. Here I
want to quote the principle announced by the court as control
ling in such matters:
If the judgment below was erroneous, the plaintiff in error had a
moral right at least to have it set aside, and the defendant is only
claiming a vested right in a wrong judgment.
“ The truth is,” said
Chief Justice Parker, in Foster v. Bank, “ there is no such thing as a
vested right to do wrong, and the legislature which in its acts not ex
pressly authorized by the Constitution limits itself to correcting m is
takes and to providing remedies for the furtherance of justice can not
be charged with violating its duty or exceeding its authority.”
Such
acts are of a remedial character and are the peculiar subjects of legis
lation. They are not liable to the imputation of being assumptions of
judicial power.
Now, wlmt are the facts here? This decree was entered
under the mandate o f the Supreme Court that it should bring
about a condition in harmony with the decision and in honest
harmony with the law. Suppose the scheme or plan set forth
in this decree still constitutes a monopoly. Suppose it is not
an honest compliance with the statutes of the United States.
Suppose the Supreme Court should be given the power to review
this decree, should find that it still has in it the elements o f a
inonopoly and is a criminal combination, as might well be
inferred from the argument upon the facts by the Senator from
Iowa. Will anyone contend that, that being true, these defend
ants have a vested right to pursue that plan and to enjoy the
favors of that.criminal combination to work in violation of a
statute of the United States simply because the time for appeal
has gone by? I f they have a vested right, a right which can
not be disturbed, a right which can not be reviewed in this
Particular plan; if this decree is indeed in harmony with the
decision of the Supreme Court and an honest compliance with
the law, no change will be made. If it is not in harmony with
the law, if it is in violation of the statute, no possible vested
fight obtains to pursue it or enjoy it.
W hile it is undoubtedly true that legislatures can not set aside the
judgments of courts, compel them to grant new trials, order the dis
charge of offenders, or direct what steps shall be taken in the progress
of a judicial inquiry, the grant of a new remedy by way of review has
been often sustained under particular circumstances.
Are we not prepared to say, therefore, that there is nothing
in the contention that this law is retrospective, that no vested
rights will be disturbed by a review of this decree? That to
enact this law is not to exercise judicial function; that it is not
to confer original jurisdiction upon the Supreme Court? Now,
what constitutional principle or provision is invaded? What
provision of the Constitution are we contravening?
As to this being a special law or applying to special cases
rather than a general law and applying to all cases, that relates
to the wisdom of the law and not to the power to pass it. The
same power exists for the passage of a special law that exists
for the passage of a general law. It is a mere question of
policy, o f the wisdom of doing so.
I am now discussing this question from the standpoint of the
substitute o f the Senator from Iowa. This substitute eliminates
third parties and directs the Attorney General to take the ap
peal. Mr. President, the time at my command does not permit
me to go into a general discussion of the power o f Congress to
direct or control a departmental officer. I want to state frankly
that I think it a very close question, one which, in my judgment,
has by no means been settled by the decisions. But, Mr. Presi
dent, we have been directing the Attorney General in matters
of litigation ever since we have been a Congress. We have been
directing him to act in particular matters. Within the last two
years we have directed him to bring a particular action to re
cover particular property and we have exercised similar power
many times. In view of the fact that we have heretofore as
sumed to exercise this power and the Attorney General has acted
in accordance with our suggestion, and in view o f the fact of
what I believe to be the great importance o f this appeal, I shall
resolve any doubt I have in favor of this measure. If it were
a new proposition or if it were a matter of no moment or conse
quence I should hesitate more upon this particular proposition
than any other that has been suggested. But in view of our
past history, of the many times we have exercised a similar
prerogative, I am not willing to call a halt in this particular
matter. I shall vote for the substitute.
Mr. TOWNSEND. Mr. President, I do not rise at this time
for the purpose of entering into any extensive discussion of the
bill before the Senate. I propose to vote for it, and because of
that I desire briefly to state some o f my reasons for doing so.
In the first place, I have no criticism to make of the Department
of Justice. I do not believe that the administrators of that
department during any preceding term o f our history have been
more conscientious or more intelligent and effective in their
work than have the present ones. I believe that the Attorney
General acted in perfect good faith in the tobacco cases, and, as
I have said, I have no criticism whatever to make on the course
he took. He did what he believed was right and what would
meet the order of the Supreme Court without greatly disturbing
business conditions generally; but having in mind the fact that
this case is of supreme importance at this time, when the Con-
5108
CONG CESSION AL RECORD— SENATE.
gress is seriously considering amendments to the Sherman anti
trust law, I have believed that in the interest of such proposed
legislation, as well as respect for existing law, an appeal should
be taken to the highest court and a final determination had by
it. I had felt, and now feel, that inasmuch as the Supreme
Court had said that this Tobacco Trust involved all the requi
sites necessary to an unlawful combination, and having decreed
that it should be dissolved, that this court ought finally to pass
upon the reorganization. Whether the judgment of the inferior
court is wise or unwise, it seems to me that a matter of so much
importance should be finally passed upon by the Supreme Court.
Being satisfied in my own mind that Congress has power to deal
with this question, I feel like voting for the bill, hoping that,
through a decision of the Supreme Court, the administration of
the Sherman antitrust law and the propositions to amend it, if
amendment be needed, may be benefited or aided by such de
cision.
I realize that this is an unusual procedure and one that ought
not to be adopted on every trivial occasion. I do not believe it
will be employed again unless it shall be another case similar
in importance to this one. The end to be accomplished, the
necessity, in fact, of the situation, seems to me to demand that
the highest tribunal of the land should decide whether the order
of the inferior court is a proper compliance with the order of
the Supreme Court. Therefore I shall vote for the substitute
bill.
The PRESIDING OFFICER. The question is on agreeing
to the amendment proposed by the Senator from Iowa [Mr.
A pril 22
of printed arguments and the number and length of oral arguments
as the court may prescribe.
.
,, . ,
,,
Sec . 3. This act shall take effect immediately upon its passage and
approval.
Tbe PRESIDING OFFICER. As the Chair understands the
situation, the proposed amendment just read by the Secretary is
preceded by the proposition to strike out in Senate bill 3607
all after the enacting clause and to insert in lieu thereof what
has just been read by the Secretary. The question is on that
motion.
The amendment in the nature of a substitute proposed by Mr.
C u m m in s w as agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading,
read the third time, and passed.
The preamble was rejected.
On motion of Mr. C u m m in s the title was amended so as to
read “A bill to direct the Attorney General to take an appeal
to the Supreme Court of the United States fro m a decree en
tered by the Circuit Court of the United States in and for the
Southern District of New York in the suit of the United States
against the American Tobacco Co. and others, and extend the
tim e for takin g such appeal, and for other purposes.”
PRESIDENTIAL PRIMARIES IN THE DISTRICT OF COLUMBIA.
Mr. BRISTOW. I ask that the Senate take up Senate bill 2234,
in relation to presidential primaries in the District of Columbia.
The PRESIDING OFFICER. Does the Senator from Kansas
ask unanimous consent for the consideration of the bill or does
C u m m in s ].
Mr. CUMMINS. Mr. President, I rise to a parliamentary he move its consideration?
Mr. BRISTOW. I move that the bill be taken up.
inquiry.
The PRESIDING OFFICER. The Senator from Kansas
The PRESIDING OFFICER. The Senator will state it.
Mr. CUMMINS. I ask if the substitute now before the Senate moves that the Senate proceed to the consideration of tli£ bill
is adopted will another vote be necessary as in Committee of named by him.
Mr. HEYBURN. Mr. President, I suggest the absence of a
the Whole?
The PRESIDING OFFICER. In the opinion of the Chair, quorum.
The PRESIDING OFFICER. The Secretary will call the roll.
the bill will be reported to the Senate from the Committee of
The Secretary called the roll, and the following' Senators
the Whole with the amendment, and then it will be for the
Senate to concur in the amendment adopted as in Committee answered to their names:
Page
Johnson, Me.
Clarke, Ark.
of the Whole. Then the vote will be upon the passage of the Ashurst
Pomerene
Johnston, Ala.
Crane
Bacon
bill as amended.
Rayner
Jones
Culberson
Borah
Mr. CUMMINS. And no other vote will be required in Com Brandegee
Shively
Kern
Cullom
Smith, Ariz.
Lippitt
Cummins
mittee of the Whole to pass the bill?
Briggs
Smith, Ga.
McCumber
Curtis
The PRESIDING OFFICER. In the opinion of the Chair Bristow
Stone
Martine, N. J.
Davis
Brown
there will not be.
Sul herland
Myers
Dillingham
Bryan
Thornton
Nelson
Mr. POMERENE. Mr. President, I move to amend the pro Burnham
du Font
Townsend
Nixon
Gallinger
posed substitute by inserting after the word “ hereby ” the wopd Catron
Watson
O’Gorman
Gardner
“ authorized,” and after the word “ directed ” by inserting the Chamberlain
Wetmore
Oliver
Gronna
Chilton
Williams
words “ and instructed,” so as to read “ is hereby authorized,' .Clark, Wyo,
Overman
Heyburn
directed, and instructed.”
Mr. THORNTON. My colleague [Mr. F o s t e r ] is necessarily ,
Mr. CUMMINS. Mr. President, in so far as I am able to abseujt on public business. I ask that this announcement stand
do so, I accept the amendment proposed by the Senator from for tliu^miainder of the day.
Ohio.
Mr. TOW'WWENIPc.. I desire to again state_tlia.L,iny colleague
The PRESIDING OFFICER. The Senator from Iowa modi [Mr. S m i t h of Michigan] is absent oiV1nffS?iT?'?'s of the Senate.
fies his proposed amendment as will be stated.
I should like to have this announcement stand for the day.
The S ecretary . After the words “ shall be,” in the second
Mr. JONES. I again desire to announce that my colleague
line of the printed amendment, it is proposed to insert “ author [Mr. P o in d e x t e r ] is detained from the Senate Chamber by
ized,” and after the word “ directed ” to insert the words “ and important business.
instructed.”
The PRESIDING OFFICER Fifty-two Senators have an
The PRESIDING OFFICER. The modification proposed by swered to their names. A quorum of the Senate is present.
the Senator from Ohio [Mr. P omerene ] has been accepted by
Mr. McCUMBER. Mr. President, I rise to a parliamentary
the Senator from Iowa [Mr. C u m m in s ].
inquiry. At the conclusion of the morning business the Senate
Mr. NELSON. Mr. President, I should like to have the sub had under consideration a subject; and I ask whether or not the
stitute read with the amendment, as suggested.
unfinished business was then temporarily laid aside by unani
The PRESIDING OFFICER. The Secretary will now read mous consent? My understanding is that when the unfinished
the substitute proposed by the Senator from Iowa as modified business is laid aside temporarily, the word “ temporarily ”
on the suggestion of the Senator from Ohio.
means until the matter then before the Senate has been dis
The Secretary read as follow s:
posed of, and the question is, Whether immediately thereafter
The Attorney General of the United States is hereby authorized, it does not come before the Senate without any further motion,
directed, and instructed to appeal for and on behalf of the complainant,
or whether a motion made at this time to take up another sub
the United States, from the decree entered in the Circuit Court of the
United States in and for the Southern District of New York on the 16th ject will not in fact, if agreed to, make that subject the un
day of November, 1911, in a suit wherein the United States is the com finished business? Therefore, presenting the matter as it now
plainant and the American Tobacco Co. and others are the defendants, appears before the Senate, I ask, if the motion of the Senator
to the Supreme Court of the United States, giving such notice or notices
and taking such proceedings as are required by the law and the practice from Kansas is carried, will not the subject matter as to which
the motion is made become the unfinished business in place of
in such cases to effect such appeal.
To enable such appeal to be taken and perfected, the time therefor the present unfinished business?
and for all notices and proceedings provided in the law or practice
The PRESIDING OFFICER. In the opinion of the Chair it
to be given or taken is hereby extended until the expiration of the
period of 60 days from and after the date upon which this act takes will not. In the opinion of the Chair, when the unfinished busi
effect.
ness is temporarily laid aside it loses its place for that day as
S ec . 2. When the aforesaid cause comes on for argument in the
Supreme Court of the United States, counsel for the States, organi unfinished business unless taken up on motion. A Senator can
zations, and associations which sought to intervene in the said suit in at any time move to proceed to the consideration of a bill.
the said Circuit Court of the United States for the Southern District
Mr. BACON. Mr. President, of course I do not wish to un
of New York, in order to object to the said decree, shall have the
right to file printed arguments and to be heard orally on behalf of necessarily differ from the Chair, but, as the Chair gave no op
the United States, subject to such order or orders respecting the number I portunity for an expression before ruling, I hope I may be in-
1912
CONGRESSIONAL RECORD— SENATE.
dulged to say that I very gravely doubt if that would be a safe
rule to pursue. I think the suggestion of the Senator from
North Dakota [M r. M cC u m b e b ] correctly presents the rule, and
that is, that when the unfinished business is temporarily laid
aside, if it is done in the interest of another matter then pend
ing, it would be immediately in order thereafter. At the very
outside I should say that it would not go to the extent suggested
by the Chair, but that on a call for the regular order it would
certainly resume its place as the unfinished business; and tem
porarily laying it aside does not displace it. As I understand
the ruling of the Chair, it was that being temporarily laid aside
a measure lost its place.
I do not think it lost anything, Mi*. Pi-esident. It may be that
the rule would not go to the extent suggested by the Senator
from North Dakota, .that the unfinished business would come up
automatically upon the conclusion o f any particular measure
which might have engaged the attention of the Senate, but I
bave not the shadow of a doubt that it is the regular order at
all times, even when temporarily laid aside, and that when
temporarily laid aside the matter which shall then engage the
attention of the Senate would be displaced by a call for the
regular order at any time.
It would be a dangerous rule, Mr. President, that the unfin
ished business lost its place under such circumstances. It can
not lose its place until it has been supplanted or displaced, and
a call for the regular order at any time, I respectfully suggest
for the consideration of the Chair, would restore it. Tempo
rarily laying aside the unfinished business does not give the
niatter which has been temporarily taken up any right whatever
except subject to the superior right of the regular ordei*, which
is the unfinished business.
The PRESIDING OFFICER. The i*egular order was not de
manded, the Chair will say.
Mr. BACON. I understood that, but I was a little troubled,
if the Chair will pardon the suggestion, by the ruling that the
unfinished'business was displaced for the day.
The PRESIDING OFFICER. In case the motion to proceed
to the consideration of another bill is carried.
Mr. BACON. Well, I think, Mr. President-----The PRESIDING OFFICER. The Chair will submit the mat
ter to the Senate. The Chair has no fixed views upon the sub
ject that could not be changed by the citation of authorities.
Mr. BRISTOW. I understand the point o f order is that if the
motion which I made prevails it displaces the unfinished business.
I do not understand that the Senator from Georgia contends
that it does. The motion can carry and the unfinished business
may still retain its right. So we can go ahead, as we did the
other das’-, and dispose of this bill and take up something else,
and the unfinished business is laid aside until it is called up;
so that the motion I have made does not in any way interfere
with the unfinished business, because it has been laid aside.
Mr. BACON. Mr. President, I think it extremely important
that the regular proceedings of the Senate should be definitely
known and understood and observed with care; and I would
suggest to the Senator that it would be better if he made a mo
tion to the effect that, in the absence of a call for the regular
order, the Senate now consider such-and-such a bill.
Air. BRISTOW. The reason I made the motion that I did
was that it follows the exact precedent of a motion that was
made, I think, on Friday last, when we took up a bill upon mo
tion after the unfinished business had been laid aside, and pro
ceeded to its consideration and the disposition of it. The motion
is iix exact accord with the ruling of the Chair at that time. I
think it occurred in Friday’s pi’oceedings, as the Senator from
Georgia doubtless remembers.
Mr. BACON. Well, Mr. President, as I was proceeding to
say, if it appeared that thei’e was no disposition to displace the
unfinished business and the Senator had asked that the Senate
devote the remainder of the day to such a matter, that would
be all right; but a simple motion to proceed to the considera
tion of a certain bill always makes it the unfinished business.
That is the general rule. Now, the question is, whether this
comes under an exception.
Mr. McCUMBER. Mr. President, the particular point upon
which I desired the ruling o f the Chair was whether or not,
automatically, after the disposition of the business which tem
porarily displaced the unfinished business, the latter would
come up again before the Senate. If I understand the word
“ temporarily,” as used in a request for unanimous consent that
the unfinished business be temporarily laid aside, that word
means until the matter that is being discussed is disposed of.
Then the unfinished business comes up automatically and does
hot require a motion. I can see very easily that if some one
follows it by another motion or another request for unanimous
5109
consent that some other matter may be considered, the Chair
could well hold that the granting of unanimous consent in that
respect would be equivalent to unanimous consent to further
lay aside the unfinished business; but when we do not ask that
the unfinished business be further temporarily laid aside, but
proceed to the consideration of other business upon motion, and
not by unanimous consent, it seems to me, logically, that it
would displace the unfinished business.
Mr. BORAH. Mr. President, the motion of the Senator from
Kansas, it seems to me, is proper, unless those who are opposing
it desire to bring the unfinished business before the Senate,
which they can d o ; but they have not done so. The unfinished
business is not before the Senate unless somebody calls for the
regular ordei*.
The PRESIDING OFFICER. The C hair.w ill state to the
Senator from Idaho that, in the opinion of the Chair, the un
finished business, which has been temporarily laid aside by
unanimous consent, would automatically come before the Sen
ate provided a motion Iiad not intervened. Now, the Senator
from Kansas moves that the Senate proceed to the consideration
of another matter, and the question is, of course, whether or
not that motion is now in order. The Chair thinks it i s ; but
if any Senator so desires, the Chair will submit it to the
Senate so that the Senate may vote upon it. In the absence of
such i*equest, the Chair will rule that the motion of the Senator
from Kansas is in order.
Mr. I-IEYBURN. Mr. President, I think the motion is in
order; but I think the more serious question that Senators have
in mind is as to what effect it will have on the unfinished
business. It seems to me now, with the unfinished business the
regular order, that if we take up by vote at this hour another
matter, it will displace the unfinished business; and those who
are interested in the unfinished business, which is the metal
schedule'bill, retaining its place, might well be on the alert.
The PRESIDING OFFICER. The Chair is of the opinion
that, where the unfinished business is temporarily laid aside by
unanimous consent and the Senate proceeds to take up another
matter, the unfinished business is not displaced thereby, but
the Chair will submit that question to the Senate, if any
Senator desii’es the Chair to do so.
M IIEYBURN. Mr. President, I thought I had learned this
i*.
lesson by practical experience. The former Vice President, Mr.
Fairbanks, ruled upon this question in a controversy where I
had supposed I was safe for the day. JThe unfinished business
being temporarily laid aside, I had assumed that it would stand
for the day, but I came into the Chamber after a very brief
absence and found that the unfinished business had been re
sumed on the motion of some Senator. I then complained of
the condition in which I found myself, but the then Presiding
Officer, Mr. Fail-banks, ruled that When the unfinished business
was temporarily laid aside it was subject at any time during
that day to call and that it was not laid aside for the day. I
have always understood since that time that the rule has been
adhered to.
The PRESIDING OFFICER. I f the motion of the Senator
from Kansas prevails, it will be for the Senate to decide what
the effect o f it has been—whether or not the unfinished busi
ness has been thereby displaced.
M r.. GALLINGER. Mr. President, if I read correctly, on
page 439 of the Precedents of the Senate, we have a ruling that
would seem to settle this matter:
The P r e s id in g O f f ic e r (M r. Chandler in the chair) announced
that the hour of 1 o’clock had arrived, and laid before the Senate its
unfinished business, viz, the bill (II. R. 3717) to make oleomargarine
and other imitation dairy products subject to the laws of the State
or Territory into which they are transported, and to change the tax
on oleomargarine.
When. Mr. Morgan raised a question of order, viz, that the bill
havin'*' been displaced by a motion to consider other matter on the
previous day prior to adjournment, therefore possessed no priority as
unfinished business, and requested that the bid standing first on the
order of special orders, viz. the bill (H . R. 2538) to provide for the
construction of a canal connecting the waters of the Atlantic and
Pacific Oceans, be now laid before the Senate.
That was the unfinished business—
The P resident pro tempore (M r. Frye) having resumed the chair,
sustained the question of order and laid the special order before the
Senate as its unfinished business.
Manifestly, Mr. President, even if this matter were taken up
by a vote, the unfinished business could be called up after that
upon demand.
The PRESIDING OFFICER. That is as the Chair under
stands. The question is on the motion o f the Senator from
Kansas that the Senate proceed to the consideration of the
bill named by him. [Putting the question.] By the sound the
“ noes ” seem to have it.
Mr. BRISTOW. I ask for a division.
/
CONGRESSIONAL RECORD— SENATE.
A pril
a
t h e calendar .
Mr. THORNTON. May I ask for information, if tlie vote is
on the motion to proceed to consider the bill 'or on the bill
Mr. GALLINGER. Unless it is desirable to take up the
itself?
unfinished business at this moment, I will move that the Senate
The PRESIDING OFFICER. To proceed to the considera proceed to the consideration of the calendar under Rule VIII.
tion of the bill, and then the Senate can take such action as it
The motion was agreed to.
desires.
The VICE PRESIDENT. The Secretary will state the first
Mr. THORNTON. I am willing to have the bill considered. bill on the calendar.
The PRES I
inn is on the motion
The Secretary . A bill (S. 2518) to provide for raising the
of thcL^!S«*^Trom Kansas, on which heas!S*#wj&di < ivision.
d
volunteer forces of the United States in time of actual or
question being put, there were, on a divtsl^TT^ayes 9, threatened war.
jn&efrlO: ”
The VICE PRESIDENT. The Chair is informed by the Sec
Mr. BRISTOW. Mr. President, I call for the yeas and f
retary that this bill has been heretofore read in full and
The yeas and nays were ordered, and the Secretary proceede
mended.
to call the roll.
Mr. OVERMAN. Mr. President, the Senator from Georgia
‘v Mr. GUGGENHEIM (when his name was called). Mr. Presi- is wiry much interested in that bill. I do not see him in the
dewh. I have a general pair with the senior Sen ainr frmq
amber, and will ask that the bill go over until he can be
fore present.
lu cky [MV. I ' i m r i ' l , w t f r r T * l i f f l
withhold my vote.
Senate concurrent resolution 4, instructing the Attorney Gen
Mr. LIPPITT (when his name was called). I have a gen eral of the United States to prosecute the Standard Oil Co. and
eral pair with the senior Senator from Tennessee [Mr. L e a ]. the American Tobacco Co., was announced as next in order.
I transfer that pair to the junior Senator from Illinois [Mr.
Mr. GALLINGER. Let that go over.
L o r im e r ] , and will vote. I vote “ nay.”
The VICE PRESIDENT. It will go over.
Mr. GALLINGER (when the name of Mr. M artin of Virginia
The bill (S. 2493) authorizing the Secretary of the Treasury
was called). The Senator from Virginia [Mr. M a r t in ] is to make an examination of certain claims of the State of
paired with the Senator from Washington [Mr. P oindexter ]. Missouri was announced as next in order.
I f the Senator from Virginia were present, he would vote
Mr. HEYBURN. Let that go over.
“ nay ” and the Senator from Washington would vote “ yea.”
The VICE PRESIDENT. It will go over.
Mr. NIXON (when his name was called). I have a general
The bill (S. 1505) for the relief of certain officers on the
pair with the junior Senator from Virginia [Mr. S w a n s o n ]. retired list of the United States Navy was announced as next
I do not know how he would vote, and therefore withhold my in order.
vote.
Mr. BRISTOW. I ask that the bill may go over.
Mr. OVERMAN. I have a general pair with the senior Sen
The VICE PRESIDENT. The bill goes over.
ator from California [Mr. P e r k in s ]. I understand that the
Mr. SMITH of Maryland. I ask unanimous consent for the
senior Senator from California. is absent on business of the consideration of Senate bill 6177.
Senate, and therefore I withhold my vote.
S everal S enators . Regular order!
Mr. OVERMAN (when Mr. S im m o n s ’ s name was called). I
The VICE PRESIDENT. The regular order is demanded,
am requested to announce that my colleague [Mr. S im m o n s ] which is equivalent to an objection.
is absent on business of the Senate.
LAND ENTRIES.
Mr. CHAMBERLAIN (when the name of Mr. W il l ia m s was
called). I am requested to state that the junior Senator from
The bill (S. 3116) to amend section 1 of the act of Congress
Mississippi [Mr. W il l ia m s ] is paired with the senior Senator of June 22, 1910, entitled “An act to provide for agricultural
from Pennsylvania [Mr. P enrose ]. The junior Senator from entries on coal lands,” so as to include State land selections,
Mississippi is temporarily absent on business of the Senate.
indemnity school and educational lands, was announced as next
The roll call was concluded.
in order on the calendar, and the Senate, as in Committee of
Mr. HEYRURN. I am advised that if the senior Senator the Whole, proceeded to its consideration.
The bill was reported from the Committee on Public Lands
fr o m Alabama [Mr. B a n k h e a d ] were present, he would vote
“ nay.” I am paired with that Senator, but inasmuch as that with amendments, on page 1, line 8, to insert “ Section 1 ” ; on
would be my vote I will take the liberty of voting. I vote page 2, line 6, before “ States,” to insert the word “ several ” ;
“ nay.”
on the same page, line 7, after the word “ States,” to insert
Mr. CLARK of Wyoming. I inquire if the senior Senator “ within whose limits the lands are situate, under grants made
by Congress ” ; and on page 3, after line 3, to insert the follow
from Missouri [Mr. S tone ] has voted?
The PRESIDING OFFICER. The Chair is informed that he ing as section 2 :
Sec . 2. That any person desiring to make entry under the homestead
has not voted.
laws or the
State desiring to make
a general pair with that section 4 of desert-land law, any 18, 1894, known as the selection under
the act of August
Carey Act, or
enator, I w ith h old m y vote
Mr. THORNTON. I w ish to annound
[M r. F oster ] has a general pair w ith the S<?
om ing [M r. W arren ].
my colleague
V from Wy-
The result was announced—yeas 25, nays 31, as
Y EAS— 25.
Kern
Martine, N. J.
Myers
Newlands
O’Gorman
Pomerene
Shively
Ashurst
Borah
Bristow
Brown
Bryan
Chamberlain
Chilton
Culberson
Cummins
Curtis
Fall
Gronna
Johnson, Me.
Jones
Bacon
Bradley
Brandegee
Briggs
Burnham
Burton
Catron
Crane
Cullom
Davis
Dillingham
du Pont
Gallinger
Heyburn
Johnston, Ala.
Lippitt
Bailey
Bankhead
Bourne
Clapp
Clark, Wyo.
Clarke, Ark.
Crawford,
Dixon,
Fletcher
Foster
Gamble
Gardner
Gore
Guggenheim
Hitchcock
Kenyon
La Follette
Lea
Lodge
Lorimer
So as to make tbe bill read:
NAYS-
NOT VOTING
So Mr. B r ist o w ’ s motion was rejected.
of State indemnity school and educational lands, or by the several
.States within whose limits the lands are situate, under grants made by
Congress, and State lands in lieu of lands relinquished by the States to
the United States under authority of acts of Congress, and the Secre
tary of the Interior in withdrawing under the reclamation act lands
classified as coal lands, or valuable for coal, with a view of securing or
passing title to the same in accordance with the provisions of said acts
shall state in the application for entry, selection, or notice of with
drawal that the same is made in accordance with and subject to the
provisions and reservations of this act.
Smith, Md.
Smith, S. C.
Smoot
Stephenson
Sutherland
Tillman
Wetmore
Be it enacted etc., That section 1 of the act of Congress approved
.TiUie 22, 1910 (36 Stat. L., p. 5 8 3 ), providing for agricultural entries
o X c o a l lands, be, and the same is hereby, amended so as to read as
fo I% w s:
“ f e e . 1. That from and after the passage of this act unreserved
p u b l» lands of the United States, exclusive of Alaska, which have been
withdrawn or classified as coal lands, or are valuable for coal, shall be
subject to appropriate entry under the homestead laws by actual set
tlers o ily , the desert-land law, to selection under section 4 of the act
approval August 18, 1894, known as the Carey Act, to selections by the
several (States within whose limits the lands are situate, under grants
made 1>S Congress, of State indemnity school and educational lands
and s e c t io n s of State lands in lieu of lands relinquished by the States
to the Hnited States under authority of acts of Congress, and to with
drawal binder the act approved June 17, 1902, known as the reclama
tion a<jE whenever such entry, selection, or withdrawal shall be made
with a* view of obtaining or passing title with a reservation to the
Unite® States of the coal in such lands, and of the right to prospect
for, mine, and remove the same. But no desert entry made under the
provflions of this act shall contain more than 160 acres, and all homestq|m entries made hereunder shall be subject to the conditions, as to
idence and cultivation, of entries under the act approved February
1909, entitled ‘An act to provide for an enlarged homestead ’ : Pro
v id e d , That those who have initiated nonmineral entries, selections, or
locations in good faith, prior to the passage of this act, on lands with
drawn or classified as coal lands may perfect the same under the pro
visions of the laws under which said entries were made, but shall
receive the limited patent provided for in this act.”
1912.
CONGRESSIONAL RECORD— SENATE.
S ec . 2. That any person desiring to make entry under the home
stead laws or the desert-land law, any State desiring to make selection
under section 4 of the act of August 18, 1894, known as the Carey Act,
or of State indemnity school and educational lands, or by the several
States within whose limits the lands are situate, under grants made by
Congress, and State lands in lieu of lands relinquished by the States to
the United States under authority of acts of Congress, and the Secre
tary of the Interior in withdrawing under the reclamation act lands
classified as coal lands, or valuable for coal, with a view of securing
or passing title to the same in accordance with the provisions of said
acts, shall state in the application for entry, selection, or notice of
withdrawal that the same is made in accordance with and subject to the
provisions and reservations of this act.”
The amendments were agreed to.
Mr. HEYBURN. I move that the one word “ unreserved,”
on line 9, page 1, of the bill be stricken out before, the words
“ public lands.”
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendments were concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
The title was amended so as to read: “A bill to amend sec
tions 1 and 2 of the act o f Congress of June 22, 1910, entitled
‘An act to provide for agricultural entries on coal lands,’ so as
to include State land selections, indemnity school and educa
tional lands.”
OUTSTANDING INTEREST-BEARING OBLIGATIONS.
The bill (S. 2151) to authorize the Secretary of the Treasury
to use at his discretion surplus moneys in the Treasury in the
purchase or redemption of the outstanding interest-bearing
obligations of the United States was announced as next in
order.
Mr. HEYBURN. Let that go over.
Mr. SMOOT. I should like to ask the Senator from Idaho
if he will not allow the bill to be discussed and disposed of
to-day. There is not so much in the bill. In the past the
Government has never lived up to the requirement of the law,
and to-day there is no necessity for it. I believe that if the
Senate understood just what the bill provides it would be in
favor of the passage of the bill.
Mr. HEYBURN. Mr. President, the bill involves a very
radical change in the financial system of the Government. The
fact that the executive officers of the Government confessedly
have been either ignoring or disobeying a law would not seem
to me to recommend a hasty consideration o f an attempt to
niake good their wrongful act.
I admit that what the Senator from Utah says in regard to
the manner in which they have ignored this law is true. Un
fortunately such acts are true in too many cases. They have
willfully for a long time disobeyed the law that was enacted to
govern their method o f conducting the financial affairs of the
Government. Nov/, they would like to have Congress come in
nud not only enable them to escape from at least criticism for
their failure to execute the law in the past but to validate the
unlawful act.
I would say to the Senator that, while the bill is short, this
is not a question that can be passed over in a few minutes at
nil. It involves a large question—a part of the financial policy
of the Government.
Mr. SHIVELY. Mr. President-----Mr. SMOOT. I yield to the Senator from Indiana.
Mr. SHIVELY'. It is palpable from what has been stated here
that the Secretary o f the Treasury, or at least the officer who is
tysponsible, has been ignoring the law with reference to the
sinking fund. To that extent the Treasury Department has
substituted its discretion for what is the law. It seems to me
to be very doubtful policy to ratify that sort of procedure
nnd increase the discretion of the Treasury Department by
withdrawing the law in reference to the sinking fund.
Mr. SMOOT. In 1862, on February 25, when the law was
passed, the Government of the United States was borrowing
large sums of money, and in order to make the lender feel se
cure—
Mr. CULBERSON. Mr. President, I rise to a question of
order.
The VICE PRESIDENT. The Senator will state it.
Mr. CULBERSON. Objection was made to the consideration
° f the bill.
.The VICE PRESIDENT. The bill goes over. Any further
discussion is only by unanimous consent.
Mr. SMOOT. I have not asked that-----Mr. HEYBURN. I insist on my objection.
The VICE PRESIDENT. The bill goes over, and the next
bill on the calendar will be stated.
X L V III----- 321
BILLS
5111
PASSED OVER.
The bill (S. 256) affecting the sale and disposal of public or
Indian lands in town sites, and for other purposes, was an
nounced as next in order on the calendar.
Mr. SUTHERLAND. Let that go over.
The VICE PRESIDENT. The bill will go over.
The bill (S. 4762) to amend an act approved February 6,
1905, entitled “An act to amend an act approved July 1, 1902,
entitled ‘An act temporarily to provide for the administration
of the affairs of civil government in the Philippine Islands, and
for other purposes,’ and to amend an act approved March 8,
1902, entitled ‘An act temporarily to provide revenue for the
Philippine Islands, and for other purposes,’ and to amend an act
approved March 2, 1903, entitled ‘An act to establish a standard
o f value and to provide for a coinage system in the Philippine
Islands,’ and to provide for the more efficient administration
of civil government in the Philippine Islands, and for 'other
purposes.” was announced as next in order.
Mr. McCUMBER. Let the bill go over.
The VICE PRESIDENT. It will go over.
The bill (S. 1337) authorizing the President to nominate and,
by and with the advice and consent of the Senate, appoint
Lloyd L. R. Krebs, late a captain in the Medical Corps of the
United States Army, a major in the Medical Corps on the retired
list, and increasing the retired list by one for the purposes of
this act, was announced as next in order.
Mr. GALLINGER. Let the bill go over.
The VICE PRESIDENT. It will go over.
The bill (S. 459) to adjust and settle the claims of the loyal
Shawnee and loyal Absentee Shawnee Tribes o f Indians was
announced as next in order.
Mr. SMOOT. Let that go over.
The VICE PRESIDENT. It will go over.
The bill (S. 3) to cooperate with the States in encouraging
instruction in agriculture, the trades, and industries and home
economics in secondary schools; in maintaining instruction in
these vocational subjects in State normal schools; in maintaining
extension departments in State colleges of agriculture and
mechanic arts; and to appropriate money and regulate its ex
penditure. was announced as next in order.
Mr. SMOOT. Let that go over.
The VICE PRESIDENT. It will go over.
JOEL J . PARKER.
The bill (S. 836) for the relief of Joel J. Parker was con
sidered as in Committee of the Whole.
The bill was reported from the Committee on Claims with
an amendment, on page 1 , line 6, before the word “ dollars,” to
strike out “ five thousand ” and insert “ four hundred,” so as
to make the bill read:
Be it enacted, etc., That the Secretary of the Treasury be, and he is
hereby, authorized and directed to pay, out of any money in the Treas
ury not otherwise appropriated, to Joel J. Parker, or his legal repre
sentatives, the sum of $400, as full compensation for permanent in
juries received by the said Parker on the 24th day of July, 1909, at
Fort Lawton, W ash., while in the performance of his duties as an
employee of the United States transport service.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
LAWRENCE
(M A S S .)
STRIKE.
The next business on the calendar was the resolution ( S. Res.
231) for the investigation and report by the Secretary of Com
merce and Labor regarding certain labor conditions in Law
rence, Mass.
Mr. GALLINGER. Let that go over.
The VICE PRESIDENT. The resolution will go over.
PROTECTION OF VALDEZ, ALASKA.
The bill (S. 5272) appropriating $75,000 for the protection
o f Valdez, Alaska, from glacial floods was announced as next in
order.
Mr. SU TH ER LA N D . Let that go over.
The VIC E PRESID EN T.
It will go over.
CUSTOMS SERVICE AT LOS ANGELES, CAL.
The bill (S. 3625) for the purchase or construction of a launch
for the customs service at and in the vicinity o f Los Angeles,
Cal., was announced as next in order.
Mr. SUTHERLAND. Let that go over.
The VICE PRESIDENT. The bill will go over.
RECORD OF SALES OF COTTON.
The next business on the calendar was Senate resolution 162,
directing the Secretary of the Treasury to furnish information
5112
CONGRESSIONAL RECORD— SENATE.
A pril 22
Mr. OVERMAN. Mr. President, I am satisfied that when the
resolution is understood no one, except perhaps one, and that
on account of the title of the resolution, will vote against it.
Mr. BRISTOW. I see that the letter of the Secretary of the
Treasury does not appear in the report.
Mr. OVERMAN. It is in the papers. I will explain that.
Mr. BRISTOW. I should like to have that letter read, so
that the Senate may understand the view of the department.
Mr. OVERMAN. I wish to explain the resolution, and then
I want to have that letter read.
In the eighties Mr. John Sherman, by resolution, had a list
of names published of persons from whom certain cotton had
been seized. It has been published as a public document time
and time again, until the southern people have an idea that
they have money up here in the Treasury Department to their
credit under a certan decision of the Supreme Court which de
cided that the proceeds of certain property seized after a cer
tain time, under the abandoned-property act, were trust fu«ds
held by the United States for these parties.
Last session we passed an act allowing these parties to go
into the Court of Claims and bring suit on these claims, and
loyalty was not to be considered. They have been bringing
suits there in the court. Then the Government comes with some
evidence which is found in the archives of the Treasury, show
ing that these parties have no claim.
from W yom in g [Mr. W a rren ],
For example, John Smith finds in the list of claims fur
Mr. NIXON (when his name was called). I have a general nished under the resolution of Mr. Sherman that there was
pair w ith the ju n io r Senator from Virginia [Mr. S w a n s o n ]. seized from him a certain number of bales of cotton worth so
I do not know how he w ould vote if present, and therefore ] much. These lawyers here see this report, and they write to
w ith h old m y vote.
Mr. Smith that if he will put his claim in their hands he can
Mr. PAYNTER (w hen his nam e was c a lle d ). I have a gen
recover $10,000 for it. It turns out in many cases that when
eral p a ir w ith the Senator from C olorado [M r. G u g g en h e im ], they bring these suits they find in the records of the Secretary
and th erefore w ithhold m y vote.
of the Treasury that before the cotton was seized it was placed
Mr. CHAMBERLAIN (when the name of Mr. W il l ia m s was in the hands of these parties by the Confederate Government.
called). I again announce that the junior Senator from Mis The Confederate Government had no warehouses and no place
sissippi [Mr. W il l ia m s ] is paired with the senior Senator from in which to store the cotton, and when they purchased the
Pennsylvania [Mr. P enrose ].
cotton from individuals they left the cotton with them. There
The roll call was concluded.
fore the title of this cotton was in the Confederate Government
Air. LIPPITT. I have a general pair with the senior Sen and not in Mr. Smith or Mr. Jones or Mr. Anybody else.
ator from Tennessee [Mr. L e a ] , which I transfer to the junior
But that is not shown in the printed document. Therefore a
Senator from Illinois f[Mr. LomjjE&i. X vote “ nay.”
great many of our people have come up here and brought their
Hr. B R Y A N : My colleague [Mr. Fr.r.TCHEuJ is absent on suit and paid the lawyers two or three hundred dolllars, and
business of the Senate. I will let this announUenmnt stand they find they have no suit at all. We can write to the people
for the day.
who live in the South, after we have this evidence, that they
Mr. SIMMONS. I am paired with the junior Senator T*qm have no claim against the Government, and it would stop bring
Minnesota [Mr. C l a p p ]. I transfer that pair to the Senat
ing these suits here if we had these records and they knew that
from Florida [Mr. F letcher ] and vote “ yea.”
act.
The result was announced—yeas 32, nays 21, as follow s:
I want to be candid with the Senate. I will state here that I
Y EAS— 32.
ught the letter from the Secretary of the Treasury was in
Ashurst
Davis
O’Gorman
thdfcreport. I intended to have it read. He reports against the
Bacon
Gronna
Oliver
resolution, because he says it will give away the hand of the
Bankhead
Johnston, Ala.
Overman
Government. We want them to give away the hand of the Gov
Bradley
Jones
Perkins
Bryan
McCumber
Pomerene
ernment, so that our people will not be put to the expense of
Chamberlain
Martino, N. J.
Rayner
comini here and employing lawyers to bring suits against the
Chilton
Myers
Shively
Government for claims when, if they knew that they had no
Culberson
Newlands
Simmons
ground! for a suit, they would not employ lawyers and spend
NAYS— 21.
any moiiey in bringing the suit.
Brandegee
Catron
Heyburn
Thatjis the case in a nutshell. Our people want to end it. I
Briggs
Cullom
Lippitt
ask that the letter of the Secretary of the Treasury be read.
Bristow
Curtis
Lodge
Brown
du I’ont
Page
Mr. SMOOT. Mr. President, I merely want to ask the Sena
Burnham
Fall
Richardson
tor a/question. Does he know of any claimant giving an
Burton
Gallinger
Root
attorney any amount whatever for starting these suits? Is it
NOT VOTING— 42.
not tmie that the attorneys here write and ask for the claims,
Bailey
Fletcher
Lea
stating that they will carry the case to a conclusion upon a
Borah
Foster
Lorimer
cerafin percentage?
Bourne
Gamble
McLean
Clapp'*
Gardner
Martin, Va.
Mr. OVERMAN. They always take a contingent fee—$5,
Clark, Wyo.
Gore
Nelson
3D, or $20. One man paid $200 to these lawyers. They get
Clarke, Ark.
Guggenheim
Nixon
Crane,
Hitchcock
Owen
Jul they can out of our people. If they can not get $10, they
Crawford
Johnson, Me.
Paynter
will take $5. Sometimes they get $5 for every Congress. We
Cummins
Kenyon
Penrose
Dillingham
Kern
Percy
g f
ought to be able to show the fact to a man when he has no
Dixon
La Follette
Poindexter
claim against the Government. I ought to have the evidence to
The motion was agreed to; and the Senate proceeded to con show one of my constituents that he has no claim.
Mr. JOHNSTON of Alabama. And if he has a just claim
sider the resolution, which had been reported from the Commit
against the Government, it ought to be paid.
tee on Claims, as follow s:
Mr. OVERMAN. If he has a good claim against the Govern
Senate resolution
ment, it ought to be paid. The fact is already published if he
Resolved, That
"’Treasury be, and he is hereby,
has a claim; but if we can show that he has no claim, then we
directed to prepare from records in his possession, either those of the
United States Government or those of the late Confederate States, and want to give him the information in order to stop these suits.
to transmit to the President of the Senate as soon as practicable a list
Mr. HEYBURN. Air. President, I should like to ask the Sen
of persons shown to have sold cotton to the Confederate States Govern ator from North Carolina if he can refer us directly to the
ment or to have entered into any agreement to sell cotton to said Gov
ernment, such list to indicate whether there is shown to have been a measure which he says was enacted at the last session of Con
completed sale or only an agreement to sell and the date of the trans gress* which provided for the payment of these claims without
action ; to show when possible the residence of the person making such regard to the question of loyalty. I have no reference-----sale or agreement to sell, by county or parish and State, the amount of
,Mr. OVERMAN. Congress authorized suits to be brought,
cotton covered by such sale or agreement, the price to be paid, and
Whether or not the payment of the agreed price is shown by such records. and in some of them the question of loyalty does not come in!
relative to sales of cotton to the Confederate States Govern
ment.
Mr. HEYBURN. I ask that the resolution go over.
Mr. OVERMAN, I move that the resolution be taken up for
consideration.
f
The VICE PRESIDENT. The Senator from North Carolina
moves that the Senate proceed to the consideration of the reso
lution, the objection of the Senator from Idaho to the contrary
notwithstanding. The question is on the motion of the Senator
from North Carolina.
The question being put, there were, on a division—ayes 15,
noes 5.
Mr. HEYBURN. I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. CLARK of Wyoming (when his name was called),
have a general pair with the senior Senator from Missouri [Mr,
S tone ]. In his absence I withhold my vote.
Mr. DILLINGHAM (when his name was called). I notice
that the senior Senator from South Carolina [Mr. T il l m a n ] is
not in the Chamber. I am paired with him, and therefore with
hold my vote.
Mr. THORNTON (when Mr. F oster ’ s name was called),
announce the unavoidable absence of my colleague [Mr. F oster ]
on public business. He has a general pair with the Senator
1912
CONGRESSIONAL RECORD— SENATE.
publicity law affecting senatorial elections. My point is whether
the provision of the proposed amendment would be retroactive,
or whether we would have to pass another publicity bill if that
amendment was adopted.
Mr. BACON. Mr. President, this simply empowers Congress
to do this thing. The objection has been raised— it was raised
this morning by the Senator from Wyoming, and I think the ob
jection is well based— that if Congress were to adopt the resolu
tion as it came from the House and as it came from the Ju
diciary Committee, Congress would not have the right, or it
might be claimed that it would not have the right, to require
publicity of expenditures in senatorial elections; and the ob
ject is to put that matter beyond any possibility of doubt and
to confer on Congress full power to legislate in regard to the
publicity of all matters concerning the election of Senators, if
the resolution as it came from the House should be adopted.
Mr. SUTHERLAND. Mr. President-----The VICE PRESIDENT. Does the Senator from Georgia
yield to the Senator from Utah?
Mr. BACON. I do.
Mr. SUTHERLAND. If the amendment suggested by the
Senator from Georgia should become a part of the Constitution,
would it not be clear that Congress would be limited in its legis
lation to the occasions enumerated in the Senator’s amendment?
In other words, Congress would not be able to legislate with
reference to the elections of Senators in the States in any other
particular, except as specified in the Senator’s amendment. Is
not that true?
Mr. BACON. There is, as the Senator well knows, in the
section of the Constitution at present power, and in the pro
posed amendment stiil further power is given to Congress, the
same as it now has. Otherwise, if the Senator means to ask
me— I suppose it is better to put it into plain language— whether
under this phraseology, if it should be adopted, Congress would
have the power to legislate as to the manner in which the elec
tions should be conducted, whether they should be allowed to
have supervisors at the polls, whether they should be allowed
to have marshals at the polls, whether Congress could send
soldiers to the polls for the purposes of seeing to the election,
I will say undoubtedly this would prevent any such action on
the part of Congress. Is that what the Senator had in view?
Mr. SUTHERLAND. No; I did not have that particular
thought in mind at all. But if that would be excluded, of
course everything else would be excluded except the particular
thing specified in the Senator’s amendment.
Mr. BACON. I have suggested the other things which oc
curred to me that Congress might legislate about. Will the
Senator now indicate the things in his mind?
Mr. SUTHERLAND. I can not foresee what occasions may
arise in the future which will call upon Congress for the exer
cise of this power, but I imagine that it would prevent Congress
from fixing, as it has done by a law now in operation, a uniform
time for holding the election. It would prevent Congress from
providing for the Australian ballot, as it has done. It would
prevent Congress from providing for election machines at elec
tions. It might prevent Congress from doing a very great
variety of things that the future will disclose to be absolutely
necessary.
Mr. BACON. Will the Senator be a little more specific?
Mr. SUTHERLAND. I have stated three specific things.
Mr. BACON. My attention was diverted for the moment. I
will ask the Senator to excuse me and repeat them.
Mr. SUTHERLAND. I stated to the Senator, for example,
that it would prevent Congress from by law fixing a uniform
time for holding the elections. As the Senator knows, prior to
the statute having been adopted elections were held in the
various States at different times, some of them in August, some
of them in October, some of them in November, and some of
them in the early spring months. It was only by virtue of the
power which the Senator now seeks to strike down that Con
gress fixed a uniform date.
Mr. BACON. Congress does not fix a uniform date for the
election of Senators now.
Mr. SUTHERLAND. But when we provide for the election
° f Senators by vote of the people it would be quite as neces
sary to fix a uniform date as it is to fix a uniform date for the
election of Members of the House. The Senator’s amendment
Would prevent our doing that. That is the complaint I am
making.
Mr. BACON. Well, if that is the only objection of the
Senator-----Mr. SUTHERLAND. I spoke of another, namely, the power
of Congress to fix the Australian ballot for use in the various
States.
51711
Mr. BACON. I am very frank to say that I would not be
willing that Congress should have that power.
Mr. SUTHERLAND. Congress has already exercised the
power and provided that all ballots shall be in writing.
Mr. BACON. But that is not the Australian ballot.
Mr. SUTHERLAND. No; but I say we might desire to do
that.
Mr. BACON. I should certainly object to Congress control
ling the State to any such extent as that.
Mr. SUTHERLAND. What I object to, if the Senator will
permit me, is that we are undertaking to tie the hands of Con
gress for the future. No matter how necessary it may be, we
will be wholly unable to do any thing except those particular
things specified in the Senator’s amendment.
Mr. BACON. I do not feel any disposition to go into a
general debate on this subject. I could not do so without very
largely repeating what I have more than once said in the
Senate, which I have no desire to consume the time of the
Senate in doing. The election of Senators now, while it is under
the general language of section 4, is one in which practically
the States control all the details, except that Congress pre
scribes the days upon which the legislature, after it has as
sembled, shall proceed to vote and how the vote shall be
counted.
But certainly there is nothing in the law now,
although the language is applicable both to the election of
Senators and the election of Representatives, which gives Con
gress any of the powers over the election of Senators which it
would have if there were the same provision with reference to
the election of Senators as there is with reference to the elec
tion of Members of the House. In other words, it is an im
possibility that Congress shall provide for supervision over the
election o f Senators through the machinery of the district
courts of the United States. It is an impossibility, unless you
absolutely destroy the dual system of government we have,
that the district courts of the United States should be em
powered to appoint marshals to sit in a legislature and super
vise the manner in which Senators shall be elected. It is an
utter impossibility, without destroying our system of govern
ment, that the district courts of the United States should have
the power to provide supervisors to superintend an election by
the legislature. It is a matter of utter impossibility, without the
destruction of our system of government, for Congress to pro
vide a law under which the soldiers of the United States can
appear In a legislature and enforce the order of supervisors in
the election by a legislature.
Therefore, however we may mix words or however we may
try to think that the same provision in the one case applies
in the other, practically they do not. Under the present law
the States do have the control of the election of Senators, those
who are their own peculiar representatives, and provide that
In the selection they shall have the supreme voice.
Mr. President, it is a remarkable fact that in the day when
the Constitution was formed, with only 13 little States, with
out any dominating influence by one over the other, without
any sectional questions to divide them, because at that time
slavery existed in every State except one, without anything
to indicate the great necessity of each State controlling its
own affairs as that necessity was afterwards developed in the
contentions which arose and which have continued for a cen
tury— without any of these things, I say, it is a most remark
able fact that each of the 13 States, with nothing in their
past to point to them the future, but the contrary, realized to
the utmost degree the importance of self-control in its internal
affairs and of its elections by each State, and realized it to a
degree, I started to say, infinitely greater than it is realized
by the States at the present day.
So it was when the Constitution of the United States, as
framed in the convention, was sent to the several States for
their ratification, while the States differed, one State objecting
in a degree to oue provision anti another State in a degree to
another provision, there was but one question upon which all
the States agreed. The record will prove what I am saying,
that all the States agreed on this one proposition : That in the
election o f Senators and of Representatives, while Congress
should have the power or did have the power, which is pre
scribed in the fourth section, it should only be exercised, as
was expressed by the convention of New York, when the States
themselves might fail to exercise it or when for any reason
they were incapable of exercising it.
Without exception, every State the records of which have
been preserved or can be found, beginning at New Hampshire
and going to the extreme South, embodied in their adoption of
the Constitution their demand that if the power of the Federal
Government to supervise elections in the States should remain
5173
CONGRESSIONAL RECORD— SENATE.
A pril 23
Air. JONES (When Air. P o in d e x t e r ’ s name was called). My
it should only be exercised, in the language of the convention of
New York, whenever the legislature thereof shall neglect, re colleague [Air. P o in d e x t e r ] is absent, I think, from the city.
I do not know how he would vote on this question, if present.
fuse, or from any circumstance shall be incapable of doing so.
Air. REED (after having voted in the negative). Air. Presi
Mr. President, Gre iim^rTTaJice of that is many times greater
now, with/4G Jtfatos^/B m /it was in the days ol 13 States, dent, I voted inadvertently. The Senator from Michigan [Mr>
beeawse w jy > w r t iM y ^ u ie country gri^ ^ Jarg^ ^ n the same S m i t h ] is serving on the investigation of the Titanic disaster.*
projfcnJjrfMr'tuy our A u/resrt djy-eyse; la
proportion is I therefore agreed with him that I would pair on this vote, if
it/rifcvtliat^vhat frs Jjjp&prlfcte for offrt^ection is not appro he were present, he would vote “ yea.” If I were at liberty to
priate*'tewr^nother; and in the same degree Hmre must be the vote, I would vote “ nay.” I withdraw my vote.
Air. SIAIAIONS (when his name was called). I am paired
TestiRHfg Necessity and importance that each State should, as
fa r /is possible, control within its own lirfnts and by its own with the junior Senator from Alinnesota [Air. Clapp], i q0
rere present and I were
aiynorjcy the things which relate to its own peculiar affairs. not kno\v how he would vote. If he w
fhich in that day impressed those 13 Spates as being at liberty to vote, I would vote “ nay.”
Air. TOWNSEND (when the name of Air. S m i t h of Alicliigan
irtant of all tbingsj-ohitmg-fap tiLe^nternal affairs
ms the -jiuhl L T mtrol its el£^tim*s, and that they was called). I desire again to state that the senior Senator
iP T
»traK^l
Federa>^ou®tt«rtenl GStbpt in from Alichigan [Air. S m i t h ] is unavoidably absent. If he were
T
adjust;
neglect or Refuse or where they present, he would vote “ yea.” He is paired with the junior
should be in a position that they were inpd/able of properly dis Senator from Alissouri [Air. R e e d ].
The roll call was concluded.
charginajHtiat duty.
Air. BANKHEAD. I desire to inquire if the senior Senator
Atej^President, I did n o f J j i t e w r T t h i s rofilh because, as
from Idaho [Air. H e y b u r n ] has voted.
(fhve said, I cam^y-rrtTfldng buMvmrt is
tefb.
The VICE PRESIDENT. He has voted.
*vq. aii-ej^y^a^rTnid^u^hat /L/nn&ff' sam\flreim5r fffiI
Air. BANKHEAD. I vote “ nay.”
leretofore said. I have endeavored to
Air. HEYBURN. I will state, in order that there may be no
resist the temptation which 1 have Vo go further in the subject,
and I do resistjl— It is not iiroQer that I should do so under misunderstanding, that I observed the Senator from Alabama
in the Chamber and therefore I voted, assuming that he would
Llie circumstances.
r . 1
•
Mr. President, that the Senate will refuse to vote.
Air. CRAWFORD. I desire to state that my colleague [Air.
itsr disagreement, that it will bring the matter again
tent(gjKA£‘'tlie Senate to act upon the joint resolution G a m b l e ] is necessarily absent, and is paired with the Senator
'it comes from the House and as it has been reported to this from Oklahoma [Air. O w e n ] . I am informed that if my col
body by the Judiciary Committee, and that when that is done league were present he would vote “ yea.”
I may have the opportunity, which of course I will have, of
Air. JOHNSTON of Alabama. I desire to state that the
presenting this amendment, which will preserve two things. It junior Senator from Texas [Air. B a i l e y ] is paired with tne
will preserve the right of the Federal Government to regulate Senator from Alontana [Air. D i x o n ] . I f the Senator from Texas
r
rould vote “ nay.”
the manner of these elections in every case where the State were present, he w
should itself refuse or neglect to do so, or where it shall be
Air. BRISTOW. I desire to state that the junior Senator
incapable of doing so, and the second thing which will be from Iowr [Air. K e n y o n ] is unavoidably absent. I f he were
a
accomplished by the amendment will be to give the Congress here, he would vote “ yea.”
of the United States the full and unrestricted power to legislate
Air. SIAIAIONS. I should have stated a few moiTSpts ago
as to all matters which are necessary to limit expenses and that w'hile I do not know' how the Senator from Alinnesork [Air.
secure publicity in all proceedings relating to the election of Clapp] w'ould vote if he w'ere present, I am advised tha\ he
Senators.
would probably vote “ yea.”
Mr. GRONNA. Mr. President, when this measure was before
The result wras announced-—yeas 42, nays 36, as follows
the Senate on a former day it was with' some reluctance that
Y E A S — 42.
I voted for the House provision. I did not vote for it because BoUfne
Root
Crane
.Tones
I preferred to have the provision of section 4, Article I, of the Bradley
Sanders
Crawford
Lippitt
Smoot
Cullom
Lodge
Constitution stricken out—that is, that Congress should have Brandegee
Stephenson
Briggs
Curtis
McCumber
supervisory power as to the manner and the time of choosing •IBristow
Sutherland
Dillingham
AIcLean
Senators—but it was in the hope that the joint resolution would ; Brown
Townsend
du Pont Nelson
Fall
Oliver
Warren
be amended and would be agreed to in conference. In my 'Burnham
Burton
Gallinger
Page
Wetmore
anxiety to see the Constitution so amended as to give to the; Catron
Gronna
Penrose
Works
people the right to choose their Senators by a popular vote I Clark, Wyo.
Guggenheim
Perkins
Clarke, Ark.
Heyburn
voted for it.
Richardson
I find, however, that the conference committee has failed to
N AYS— 36.
agree. But they have agreed to disagree. I said to Senators Ashurst
Fletcher
Myers
Smith, Ariz.
Foster
Newlands
Smith, Ga.
on this floor that I preferred to vote for the resolution in the Bacon
Gardner
O’Gorman
Smith, Md.
Bankhead
form that it was presented by the Senator from Utah [Mr. Borah
Gore
Overman
Smith, S. C.
£ , •
'ffdfiT^ali§!r§!'t'Mr.- • r i s t o w ] . Now, Bryan
B
S u t h e r l a n d ] or t h
Hitchcock
Paynter
Stone
Johnson, Me.
Percy
Thornton
since tim conference committee has failed to agree I shall vote Chamberlain
Johnston, Ala.
Chilton
Pomerene
Tillman
for the resolution as it has been presented by the Senator from Culberson
Kern
Ravner
W'atson
Kansas.
Shively
Mar tine, N. J.
Williams
Davis
The VICE PRESIDENT. The question is on agreeing to the
NOT VOTING— 17.
motion of the Senater from Wyoming [Mr. C l a r k ] that ^the
Nixon
Smith, Alich.
Kenyon
Bailey
Senate insist upon its amendment.
Owen
La Follette
Swanson
Clapp
Mr. <JLARKE of Arkansas. I ask for the yeas amjU*ffys.
Lea
Poindexter
Cummins
Lorimer
Reed
The yeas and nays were ordered, and the Seaagfltfy proceeded Dixon
Martin, Va.
Simmons
Gamble
to call the
Mr. LIPPITT (when his name was called). I have a general ]t So the motion of Air. C l a r k of Wyoming that the Senate
pair with the senior Senator from Tennessee [Mr. L e a ]. I 'insist on its amendment was agreed to.
transfer that pair to the junior Senator from Illinois [Mr. \
LOANS IN THE DISTRICT OF COLUMBIA.
L o r im e r ] , and vote. I vote “ yea.”
I make this announcement
for the day.
The^V-XCE PRESIDENT. The calendar is in order under
Air. NIXON (when his name was called). I have a general Rule VIII.
pair with the junior Senator from Virginia [Air. S w a n s o n ] , and
Air. CURTIS. I move that the Senate proceed to the consid
therefore withhold my vote.
eration of the bill (H. R. 87GS) to regulate the business of loan
Air. OVERAIAN (when his name was called). I have a pair ing money on security of any kind by persons, firms, and cor
with the senior Senator from Iowa [Air. C u m m i n s ] , who is porations other than national banks, licensed bankers, trust
absent to-day on account of public business. I f he were here, he companies, savings banks, building and loan associations, and
would vote “ yea.” I transfer my pair to the senior Senator real-estate brokers in the District of Columbia.
from Virginia [Air. AIa r t i n ] , and vote. I vote “ nay.”
Air. BORAH. Is the bill on the calendar under Rule VIII?
Air. GORE (when Air. O w e n ’ s name was called). I desire to
Air. CURTIS. It is; and I gave notice that I would call it
announce that my colleague [Air. O w e n ] is paired with the senior up to-day.
Senator from South Dakota [Air. G a m b l e ] , If my colleague
The VICE PRESIDENT. The question is on agreeing to the
were present, he would vote “ nay.”
motion of the Senator from Kansas.
1912.
CONGRESSIONAL RECORD— SENATE.
as announced--yeas 39, nays 2, as follow s:
Ashurst
Bacon
Bristow
Brown
Catron
Chamberlain
Clapp
Cullom
Cummins
Curtis
Bailey
Bankhead
Borah
Bourne
Bradley
Brandegee
Briggs
Bryan
Burnham
Burton
Clark, Wyo.
Clarke, Ark.
Crane
Crawford
Y E A S — 30. *
McCumber
Dillingham
McLean
Fall
Myers
Gallinger
Overman
Gore
Page
Gronna
Perkins
Johnson, Me.
Pomerene
Johnston, Ala.
Sanders
Jones
Shively
Kern
Simmons
Lodge
N A Y S — 2.
Martine, N.
Chilton
NOT VO TIN G — 54.
Lippitt
Culberson
Lorimer
Davis
Martin, Va.
Dixon
Nelson
du Pont
New-lands
Fletcher
Foster
Nixon
O’Gorman
Gamble
Gardner
Oliver
Guggenheim
Owen
Paynter
Heyburn
Penrose
Hitchcock
Kenyon
Percy
Poindexter
La Follette
Lea
Rayner
Smith, Ariz.
Smith, Ga.
Smoot
Thornton
Tillman
Townsend
Wetmore
W illiam s
Works
J.
Reed
Richardson
Root
Smith, Md.
Smith, Mich.
Smith, S. C.
Stephenson
Stone
Sutherland
Swanson
Warren
W atson
The PRESIDENT pro tempore. On the passage o f the bill,
less than a quorum of the Senate has voted.
Mr. SMOOT. I ask that the names of the absentees be called.
The PRESIDENT pro tempore. The roll will first have to be
called.
The Secretary called the roll, and the following Senators
answered to their names:
Ashurst
Bacon
Brandegee
Bristow
Brown
Burnham
Catron
Chamberlain
Chilton
Clapp
Clark, Wyo.
Cullom
Cummins
Curtis
Dillingham
Fall
Foster
Gallinger
Gore
Gronna
Heyburn
Johnston, Ala.
.Tones
Kern
Lodge
McCumber
McLean
Martine, N. J.
Myers
Overman
Page
Paynter
Pomerene
Reed
Richardson
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smoot
Stephenson
Thornton
Tillman
Townsend
Wetmore
W illiam s
Works
Mr. OVERMAN. I desire to announce that the Senator from
California [M r. P e r k in s ] is absent on business of the Senate.
The PRESIDENT pro tempore. Forty-eight Senators have
answered to their names. A quorum of the Senate is present.
Mr. BACON. Mr. President, a quorum of the Senate being
present, I ask that the order for the yeas and nays be vacated,
and that the vote be taken by sound.
The PRESIDENT pro tempore. Without objection, the order
for the yeas and nays will be vacated. The question is on the
Passage of the bill. [Putting the question.] The ayes have it
and the bill is passed.
—*
—
.... .
- ,
On motion of Mr. J ones , the title was amended so as to read :
“A bill to regulate the, traffic in intoxicating liquors in the Dis
trict of Columbia.” / '5 i v S ~ & f )
PRESIDENTIAL PRIMABIES,.III. TJ1E DISTRICT;. OE,
-
Mr. SMOOT. I call for the yeas and nays.
The yeas and nays were ordered, and the Secretary pro-*
ceeded to call the roll.
Mr. CURTIS (when his name was called). I transfer my
pair with the senior Senator from Virginia [Mr. M a r t in ] to
the junior Senator from Washington [Mr. P oindexter ] and
will vote. I vote “ yea.”
Mr. OVERMAN (when his name was called). I have a
general pair with the senior Senator from California [Mr.
P e r k in s ], who is absent from the Senate attending the sessions
of an immstigating committee. I therefore withhold my vote.
Mr. RICHARDSON (when his name was called). I am
paired with the junior Senator from South Carolina [Mr.
S m i t h ]. I transfer that pair to the senior Senator from New
York [Mr. R oot ] and will vote. I vote “ nay.”
Mr. WORKS (when his name was called). I desire to an
nounce that my colleague [Mr. P e r k in s ] is absent from the
Senate on the business of the Senate. I vote “ yea.”
The roll call was concluded.
Mr. BURNHAM. I have a general |5air with the junior
Senator fro m Maryland [Mr. S m i t h ]. In his absence I with
hold m y vote. If at liberty to vote, I should vote “ nay.”
Mr. BRANDEGEE (after having voted in the negative). I
inquire if the junior Senator from New York [Mr. O’ G o r m a n ]
has voted?
The PRESIDENT pro tempore. The Chair is informed the
Senator from New York has not voted.
Mr. BRANDEGEE. I announced on the last yea-and-nay
vote that I was paired with that Senator. I therefore with
draw my vote.
Mr. DILLINGHAM (after having voted in the negative). I
observe that the senior Senator from South Carolina [Mr. T il l
m a n ] has not voted.
I have been informed, however, by the
Senator from South Carolina that if he were present he would
vote “ nay,” so I will allow my vote to stand.
Mr. CHAMBERLAIN (after having voted in the affirmative).
I have a general pair with the junior Senator from Pennsyl
vania [Mr. O l iver ]. I transfer that pair to the senior Senator
from Nevada [Mr. N e w l a n d s ], and will allow my vote to stand.
Mr. REED. I regard myself as paired with the senior Sen
ator from Michigan [Mr. S m i t h ], I transfer that pair to the
junior Senator from Florida [M r. B r y a n ], and will vote. I vote
“ yea.”
Mr. CHILTON. I desire to make the same announcement
as on the previous yea-and-nay vote, that tlie senior Senator
from West Virginia [Mr. W a t s o n ] is paired with the senior
Senator from New Jersey [Mr. B riggs ].
I desire also to announce that the senior Senator from
Florida [Mr. F le tc h e r ], who is detained from the Senate upon
the investigating committee of the Senate, is paired with the
senior Senator from. Ohio [Mr. B urton ]. I desire to let this
announcement stand for the day.
■ Mr. FOSTER. Upon this vote I have been released by my
pair, and I vote “ nay.”
The result was announced—yeas 23, nays IS' as follow s:
^
Y
E
A
S
— 23.
Cummins
McLean
Mr. BRISTOW. I move that the Senate proceed to the con Ashurst JT
Curtis
Martine, N. J.
Bristow, A*
sideration of Senate bill 2234.
Gore
Myers
Brown
Mr. HEYBURN. I did not hear the announcement o f the Chajfberlain
Gronna
Pomerene
Jones
Reed
result of the vote on the liquor bill.
Cbpton
Kern
Shively
The PRESIDENT pro tempore. The Chair announced that
N A Y S — 18.
the bill had passed.
Page
Foster
Mr. HEYBURN. A parliamentary inquiry. While I do not Bacon
Paynter
Gallinger
oppose the result, is such a thing known to parliamentary law I Catron
Richardson
Heyburn
Cullom
Sanders
as a “ vote by sound” ?
Sr Dillingham
Johnston, Ala.
Simmons
Lodge
Fall
Mr. BACON. Of course. It is done all the time. Nine-tenths
NOT VO TIN G — 54.
° f all bills are passed in that way.
Lorimer
Rayner
Culberson
Mr. HEYBURN. I was, rather, asking about the law.
§
Bailey
McCumber
Root
Davis
Bankhead
Mr. BACON. About
Martin, Va.
Smith, Md.
Dixon
Borah
^If. HEYRltUN> Whether there was such a thing
Nelson
Smith, Mich.
du Pont
Bourne
Newlands,
Smith, S. C.
Fletcher
Bradley
./■Phrr-RtrESIDENT pro .tempore. The question is
Nixon
Gamble
Stephenson
Brandegee
•potion of the Senator from Kansas that the Senate proceed
O’Gorman
Gardner
Stone
Briggs
Oliver
Guggenheim
the consideration of a bill, the title o f which will be stated.
Sutherland
•Bryan
Overman
Hitchcock
Swanson
The S ecretary . A bill (S. 2234) to provide for a primary ■Burnham
Owen
Johnson, Me.
Tillman
Burton
dominating election in the District o f Columbia, at which thd Clark, W yo.
Kenyon
Penrose
Warren
La Follette
Percy
Qualified electors of the said District shall have the opportunity CSprke, Ark.
W atson
Lea
Perkins
to vote for their first and second choice among those aspiring Cr&ne
Lippitt
Poindexter
Crawford
to be candidates of their respective political parties for Presi
%’he PRESIDENT pro tempore. Less than a
dent and Vice President of the United States, to elect their
Party delegates to their national conventions, and to elect their voted.
Mr. S4K)OT. I move that the Senate
dationa 1 com mi tteemen.
The m oftwtjras agreed to ; an
clock and 55 minutes
. . The PRESIDENT pro tempore. The question is on the moMonday, April 29, 1912, at 2
1011 of the Senator from Kansas. [Putting the question.] By p. m.) the Senat
o’clock p. m.
sound the “ ayes ” appear to have it.
CONGRESSIONAL RECORD— HOUSE.
A peil 26,
I shall incorporate a statement from tlie minutes in which
the commissioner of sales, the man who represented the cor
poration in pooling its agreements, who then could have beep
F r id a y , A pril 26, 1912.
imprisoned if the law had been enforced, said that they were
The House met at 12 o’clock noon.
not concerned about the investigation of the United States
The Chaplain, Rev. Henry N. Couden, D. D., offered the fol Steel Corporation so long as it was not conducted by Demo,
lowing prayer:
erats. [Applause on the Democratic side.]
We bless Thee, Infinite Spirit, Father of all souls, for the
Mr. JACKSON. Will the gentleman j-ield?
dignity of life, the possibilities which Thou hast placed within
Mr. STANLEY. Certainly.
the reach of man. “ Thou hast made him a little lower than
Mr. JACKSON. Can the gentleman give the House any
the angels and hast crowned him with glory and honor. Thou formation why it is that the resolution introduced in the House
madest him to have dominion over the works of Thy hands; last summer to investigate the Harvester Trust has not yet
Thou hast put all things under his feet.” Help us to appreciate been reported?
the dignity and the trust Thou hast reposed in us by developing
Mr. STANLEY. I will say to the gentleman that in ioqq
day by day every faculty of the mind and every power of the the Department of Justice sent Mr. Burdette D. Townsend
soul, until we shall have reached that perfection illustrated in employing him to make an investigation into the affairs of the
the life and character of Jesus Christ, our Lord and Master. Harvester Trust. Senator K e n y o n , of the committee inves
Amen.
tigating the United States Steel Corporation, said that this in.
The Journal of the proceedings of yesterday was read and ap vestigation was most thorough. That report was filed in nle
proved.
Department of Justice, stating that the Harvester Trust was a
UNITED STATES STEEL CORPORATION.
combination in restraint of trade; that the Morgan interests
Mr. STANLEY. Mr. Speaker, the country has been edified controlled it; that they had received seven or eight million
and electrified lately by revelations as to what has occurred dollars for forming it; that they were selling harvesters
at Washington in certain departments with reference to in abroad cheaper than they were at home; that they had a
quiries into various trusts and combinations. This is news to secret and illegal agreement with the United States Steel Cor
the country. It has no novelty for gentlemen who have been poration by which the corporation furnished them steel at $3
for some time investigating the affairs of the United States a ton less than others; that it was destroying the agricultural
Steel Corporation.
interests of the country, both in excessive charge to the farmers
I wish to incorporate in the Record a few excerpts from the and to the smaller industries that were making wagons and
minutes of the United States Steel Corporation showing what other things of that kind over the country which were being
was going on at the other end of the line. For instance, when throttled by the combination between the Steel Corporation and
resolutions were first introduced several years ago directing the Harvester Trust.
the Commissioner of Corporations to look into the affairs of
The minutes of the Steel Corporation contain minute ac
the Harvester Trust and of the Steel Trust, the Bureau of Cor counts in which they more or less jeer at this idea of the agri
porations immediately consulted the United States Steel Cor cultural people who wmre trying to get the Steel Corporation
poration itself with reference to these proceedings, assuring this to fight the Harvester Trust.
concern that the bureau would not “ run amuck,” although it
Mr. JACKSON. The gentleman does not quite understand my
might be necessary to make some inquiries about the conduct question. There was a resolution introduced into the House by
of its business.
my friend and colleague from Nebraska last summer during
The SPEAKER. Will the gentleman state the documents he the special session asking for an investigation of the Harvester
Trust. According to the statement of the gentleman from Ken
wants to incorporate into the Record?
Mr. STANLEY. I wash to incorporate a few remarks con tucky, all these facts were of record. Why is it that that
taining excerpts from the minutes of the Carnegie Co. and the resolution is still in the hands of some committee of this House
and not reported?
executive committee of the United States Steel Corporation.
Mr. STANLEY. A resolution of that kind was considered by
The SPEAKER. The gentleman from Kentucky asks unani
mous consent to incorporate in the R ecord certain excerpts from the Rules Committee. A gentleman came before the committee
of which I am chairman and asked us to investigate it. The
the minutes of the United States Steel Corporation.
Mr. MANN. Plow long are they?
Rules Committee Vvere of the opinion that this committee hav
K
ing investigated the Steel Corporation—and I believe they have ■
Mr. STANLEY. There are only two or three pages of it.
The SPEAKER. Is there objection to the request of the gen done it thoroughly and that no man will charge them with
tleman from Kentucky? [After a pause.'] The Chair hears having done it with an idea of whitewashing anybody—that this
committee would be in a better position when it concluded its
none.
Mr. STANLEY. Mr. Speaker, I ask unanimous consent for investigation to take up the harvester matter, since it is so
directly related to it.
three minutes to explain these excerpts.
The SPEAKER. The time of the gentleman from Kentucky
The SPEAKER. The gentleman from Kentucky asks unani
mous consent to address the House for three minutes. Is has expired.
Mr. JACKSON. Mr. Speaker, I ask that the gentleman from
there objection?
Kentucky be given five minutes more in which to answer this
There was no objection.
Mr. STANLEY. For instance, Mr. Speaker, way back In question.
1
The SPEAKER. The gentleman from Kansas asks unani
1906 Members of the House and Senators were filing resolutions
mous consent that the time of the gentleman from Kentucky be
asking the Commissioner of Corporations to investigate this con
extended five minutes. Is there objection?
cern.
There was no objection.
Judge Gary, in a statement to H. H. Rogers, J. D. Rocke
Mr. STANLEY. More than that, we have been assured by the
feller, jr., George W. Perkins, and others, said:
Department of Justice that this suppressed Townsend report
A t the last session of Congress a resolution was passed by both
Houses asking the commissioner to investigate the United States Steel that was in cold storage during most of President Roosevelt’s
Corporation. The commissioner did not pay any attention to that reso administration is now being thoroughly examined and that the
lution, but soon after Congress adjourned he appeared at this office Harvester Trust would be proceeded against immediately if ^
and stated that lie believed that it was his duty to know the general
purposes in deiail of our business, about our corporation, its capital does not dissolve itself, Mr. Perkins and others having g0]le
stock, its liabilities, its assets, the amount of its business, the costs of before the Department of Justice and offered to dissolve,
f
production, and its methods generally. After considering the question understand—and this is mere hearsay with me, though I think
very carefully our finance committee seemed to think it was' good pol
icy, and perhaps advisable, to aid the commissioner in making his in I am fairly accurate—that the propositions of dissolution so
vestigation ; and the investigation has been going on more or less since far made by the Department of Justice have not been accepted
that time.
As stated, however, by the deputy commissioner, we de by Mr. Perkins and his allies, and that suit will immediately
cided to furnish the information that was requested at our own ex
If that suit is
pense and by our own labor. The questions which have been asked are be brought to dissolve the Harvester Trust.
very numerous, very searching, and very comprehensive, and we have brought and vigorously prosecuted, it may obviate the necessity
undertaken to answer those questions in detail. They involve a great of an investigation.
deal of labor on the part of our officials, and of the subsidiary 'com
Mr. JACKSON. Is not that just what the gentleman now is
panies particularly— so much so that with respect to many subjects
the representatives of the department have said that they would not seeking to condemn some past administration for— under ad
have the time to go over it if we went further in detail or covered a vice or by consent, on information furnished by Mr.* P erk in slonger period.
I am making this explanation because you are interested in it and waiting until some other department of the Government shall
because you may be more or less disturbed without reason. The finance conclude an investigation?
committee lias been in close touch with the matter all the time. We
Mr. STANLEY. No. I f the Department of Justice says to
have been in frequent and almost constant communication with Com
missioner Garfield, and more or less with the President himself, con the Harvester Trust or the Steel Corporation or any other
cerning these matters.
concern, “ You have violated the law and we are going to pro-
HOUSE OF REPRESENTATIVES.
J
1912.
1912
C O N G R E SSIO N A L RECORD— SENATE.
CONGRESSIONAL RECORD— SE N A T E .
you will do your very level best to push it through. It won’t be long,
Senator, till we will all have passed over the bridge. Mr. B. L. Bull
is_ taking treatment now of us. He is very feeble and looks as if he
might go any d a y ; he is nearly 72 years. I will be 70 in December, and
I was 18 when I enlisted in 1SG1.
Yours, truly,
J. F . Z e d ik e r .
5575
interstate liquor law to prevent the nullification of State liquor
laws by outside dealers, which were referred to the Committee
on the Judiciary.
/
He also presented petitions of members oLJhe Brotherhood
of Railroad Trainmen and the Brotherhoodpof Railway Con
Mr. O’GORMAN presented a memorial of Cliapin Post, No. 2, ductors, of Perth Amboy; of the Brotherhood of Locomotive
Department of New York, Grand Army of tlie Republic, of Buf Engineers, Central Division, of Jersey hjffy; of the Brother
falo, N. Y., remonstrating against the enactment of legislation hood of Locomotive Firemen and EngimBnen, of Perth A m boy;
providing for the abolishment of the United States pension agen of the Brotherhood o f Railroad Trajpnen of Pliillipsburg; of
cies and their concentration in Washington, D. C., which was the Brotherhood of Railroad Trainmen of Trenton; of the
referred to the Committee on Pensions.
Brotherhood of Railroad Trainmggjjmf Newark; of New York
lie also presented resolutions adopted by the New York State Bay Lodge, Brotherhood of Railr^Td Trainmen, of Jersey City;
mayors’ conference, favoring the enactment of legislation for and of Mercer Lodge, Brotherhood of Railroad Trainmen, of
the protection of life on seagoing vessels, which were referred Trenton, all in the State of Jpew Jersey, praying for the pas
to the Committee on Commerce.
sage of the so-called employers’ liability and workmen’s com
He also presented a petition o f the Board o f Trade of Mas- pensation bill, which werejlrdered to lie on the table.
sena, N. Y praying for the establishment o f free mail delivery
r.,
Mr. CLAPP presentedjptitions of the Goodyear Tire & Rub
in towns, cities, and villages with a population of over 1 ,000, ber Co. and of Frank HfnVadsworth and Harry H. Wadsworth,
which was referred to the Committee on Post Offices and Post of Minneapolis, Mimwpand resolutions adopted by the Minne
Roads.
apolis Real Estate s e a l’d in convention at Minneapolis, Minn.,
He also presented a petition of the Medical Society of the praying that an appropriation be made for the construction of
State of New York, praying for the establishment of a depart a highway betwgjn Washington, D. C., and Gettysburg, Pa., as
ment of public health, which was ordered to lie on the table.
a memorial to ^Abraham Lincoln, which were referred to the
Mr. SMITH of Arizona presented a memorial o f the Chamber Committee misappropriations.
of Commerce of Tucson, Ariz., remonstrating against the adop
Mr. RAYjgjER presented a memorial of sundry citizens of
tion of the proposed provision in the Indian appropriation bill Union Bric^b, Md., remonstrating against the extension of the
authorizing tlie underflow waters of the Santa Cruz River to be parcel-poj|jrsystem beyond its present limitations, which was
used by the Indians on the Papago Reservation in that State, referred^) the Committee on Post Offices and Post Roads.
which was referred to the Committee on Indian Affairs.
Mr. jjpLETCHER presented resolutions adopted by the Board
Mr. SANDERS presented a petition of the Woman’s Christian o f dhgjde o f Tampa, Fla., favoring the enactment of legislation
Temperance Union of St. Elmo, Tenn., praying for the enact to oSfempt from tolls all American vessels passing through the
ment of an interstate liquor law to prevent the nullification of P a lm a Canal engaged in coastwise traffic, which were referred
State liquor laws by outside dealers, which was referred to the to' the Committee on Interoceanic Canals.
Committee on the Judiciary.
ip He also presented resolutions adopted by the Chamber of
Mr. BRIGGS presented memorials of Local Granges No. 16, '“Commerce o f Live Oak and Suwanee County, Fla., praying that
of Shiloh; No. 90, of Blackwood; and of Local Grange q&' an appropriation be made for the publication of statistics of
Mickleton, all in the State o f New Jersey, and of the Interstate the production and consumption of naval stores in America,
Milk Producers’ Association, of New Jersey, Pennsylvania, $3id which were referred to the Committee on Naval Affairs.
Delaware, remonstrating against the enactment of legislation
He also presented petitions of the Florida Baptist Missionary
to permit the coloring of oleomargarine in imitation of blitter, Union and of sundry citizens of Palmetto, Fla., praying for the
which were referred to the Committee on Agriculture and enactment of an interstate liquor law to prevent the nullifica
Forestry.
tion of State liquor laws by outside dealers, which were referred
He also presented the petition of Thomas R. Whi^e, jr., of to the Committee on the Judiciary.
Elizabeth, N. J., praying for the establishment of a department
KEPOETS OF COMMITTEES.
of public health, which was ordered to lie on the table.
Mr. HITCHCOCK, from the Committee on Military Affairs,
He also presented a petition of the board of managers of the
Few Jersey Society of the Sons of the American Revolution, to which was referred the bill (S. 4191) for the relief of
praying that an appropriation be made for the collection and Thomas C. Jones, submitted an adverse report (No. 682) thereon,
printing of the records of the soldiers amt sailors of the which was agreed to, and the bill was postponed indefinitely.
Mr. MARTINE of New Jersey, from the Committee on Claims,
American Revolution, which was referred toffhe Committee on
to which was referred the bill (S. 4166) for the relief of
the Library.
He also presented a petition of sundry citizens of the Lawson Reno, collector second district of Kentucky, reported it
borough of Ramsey, N. J.. praying for the establishment of free without amendment and submitted a report (No 683) thereon.
SAN FRANCISCO CAY SUSPENSION BRIDGE.
mail delivery in towns, cities, and villages with a population
Mr. BROWN. From the Committee on Military Affairs I
of over 1,000, which was referred to/the Committee on Post
report back favorably, with an amendment, the bill (S. 3624)
Offices and Post Roads.
lie also presented a petition of General A. S. Burt Camp, granting to Allen C. Rush right of way and other privileges for
No. 2, Department of New Jersey, United Spanish War Veterans, the construction of a suspension bridge across the waters of
of Passaic, N. J., and a petition / o f John J. Brereton Camp, San Francisco Bay to connect the cities of San Francisco and
Department of New Jersey, United Spanish War Veterans, of Oakland, Cal., and I submit a report (No. 6S4) thereon.
Mr. WORKS. I ask for the present consideration of the bill
Paterson, N. J., praying for the enactment of legislation to pen
sion widows and minor children of any officer or enlisted man reported by the Senator from Nebraska.
The VICE PRESIDENT. The Secretary will read the bill
who served in the War with Spain or the Philippine insurrec
for the information of the Senate.
tion, which were referred t o jfie Committee on Pensions.
The S e c r e t a r y . The amendment of the committee is to strike
He also presented a memqtial of the Woman’s Christian Tem
perance Union of Clarksbjfro, N. J., remonstrating against the out all after the enacting clause and insert:
That the consent of Congress is hereby granted to Allen C. Rush, his
enactment of legislation legalizing Sunday sports, which was
heirs and assigns, to construct, maintain, and operate a suspension
referred to the Committed on the Judiciary.
bridge across San Francisco Bay, at a point suitable to the interests of
He also presented memorials of sundry citizens of Newark, navigation, to connect the cities of San Francisco and Oakland, in ac
Jersey City, Bridgeton,'Mountainside, and Carteret, all in the cordance with and subject to the provisions of the act of Congress
entitled An act
regulate
State of New Jersey, remonstrating against the passage of the waters,” “approvedtoMarch 23, the construction of bridges over navigable
1906.
so-called eight-hour bill, which were ordered to lie on the table.
S e c . 2. That the said Alien C. Rush is hereby granted a right of wav
He also presented^ petition of members of the Veterinary along and across tlie lands of (he United States on Ycrba Buena Island
for
bridge, and its piers,
supports
Medical Association, of New York City, N. Y., and a petition and said said Allen C. Rush isanchors, abutments, and other cccupving;
the
also granted the privilege of
of sundry citizens of Arlington and Kearny, N. J., praying and using a strip of land belonging to the United States in the northeast
for the establishment of a veterinary corps in the Army, which corner of what is known as tlie I residio, as a terminal station to said
bridge : Provided, That the use and occupation of these lands shall be
were referred to/the Committee on Military Affairs.
the
of
He also presorted petitions of the Woman’s Club of Arling subject to such terms, conditions, and stipulations as fair heads just the
departments having control of said lands may deem
and
to
ton ; the Methjaist Episcopal Church of Midland P ark; the the interests of the United States.
S e c . 3. That the right to alter, amend, or repeal this act is hereby
Second Presbyferian Church of Belvidere; the W omans Chris expressly reserved.
tian Temperance Union and the Methodist Episcopal Church of
Tlie VICE PRESIDENT. Is there objection to the present
Bi-adley BeagSi; the First Baptist Church of Union; the Meth
odist Episcopal Church, the Woman’s Christian Temperance consideration of the bill?
There being no objection, the Senate, as in Committee of the
Union, and/the Methodist Episcopal Sunday School of New
Gretna; and of sundry citizens of Woodstown and Burlington, Whole, proceeded to consider the bill.
The amendment was agreed to.
all in the State of New Jersey, praying for the enactment of an
CONGRESSIONAL RECORD— SENATE.
5576
A pril 30,
The bill was reported to the Senate as amended, and the the State of Nevada, etc., intended to be proposed by him to
amendment was concurred in.
the sundry civil appropriation bill, which was referred to the
The bill was ordered to be engrossed for a third reading, re
Committee on Fisheries and ordered to be printed.
the third time, and passed.
O M N IB U S C L A IM S BILL.
The title was amended so as to read: “A bill to authorizi
Mr. TILLMAN submitted an amendment intended to be pro
construction of-a bridge across San Francisco Bay to e
posed by him to the bill (II. R. 19115) making appropriation for
the cities of Oakland and San Francisco, Cal.”
payment of certain claims in accordance with the findings of
B ILLS INTRODUCED.
the Court o f Claims, reported under the provisions of the acts
Bills were introduced, read the first time and, by uSfixnhnous approved March 3, 1883, and March 3, 18S7, and commonly
consent, the second time, and referred as follows
known as the Bowman and the Tucker Acts, which was referred
By Mr. BRIGGS:
to the Committee on Claims and ordered to be printed.
A bill (S. 6,616) to provide for the protection of national mili
RIVER REGULATION— M IS S IS S IP P I, M ISSO U R I, AN D SACRAM EN TO .
tary parks (with accompanying paper) ; to the Committee on
Military Affairs.
Mr. NEWL^l
NDS. I submit an amendment intended to be
By Mr. MYERS:
proposed by me to the bill (H. R. 21477) making appropriations
A bill (S. 6617) granting a pension to Danj)£l Morrissey; to for the construction, repair, and preservation of certain public
the Committee on Eensions.
works on rivers and harbors, and for other purposes. I .ask
By Mr. MYERS (for Mr. D i x o n ) :
that the proposed amendment be printed and referred to the
A bill (S. 6618) for the relief of Edwarar Erickson (with ac Committee on Commerce. I also ask that the amendment be
companying papers) ; to the Committee ori/Claims.
printed in the R e c o r d .
A bill (S. 6619) granting an increasjjpof pension to Suel T.
There being no (Objection, the amendment was referred to the
Gibson (with accompanying paper); t^Rlie Committee on Pen Committee on Coi^merce, ordered to be printed, and to be
sions.
jM?
printed in the REcoi®, as follow s:
By Mr. HITCHCOCK:
to the bill (II. R.
A bill (S. 6620) granting an inqj£ase of pension to Adah B. Amendment intendedpto^pe proposed by Mr. N e w l a x d s repair, and preser
21477) making a p rob ation s for the construction,
Ray; to the Committee on Pensi
vation of certain public works on rivers and harbors, and for other
purposes, viz : Insert t&e following :
By Mr. ASHURST:
(a) That the Secretary "cf War shall cause the Chief of Engineers of
A bill (S. 6621) to amend sedpbn 3 of the act of February 21,
the Army and the Board of Engineers for Rivers and Harbors to report
1911, relating to the disposition? of surplus irrigating waters; to to Congress, in which shall be included a preliminary report, not later
the Committee on IrrigatioivJtnd Reclamation of Arid Lands.
than December 1, 1912. up<jn the saving, as well as other advantages,
which can be accomplished ® y the adoption of the continuing contract
By Mr. DU PONT:
system, the rapidity with irhicli projects should be completed, upon
A bill (S. 6622) grantirufan increase of pension to Robert W. methods of standardization by which the waterways of the country may
Salmons; to the Commijjfee on Pensions.
be improved uniformly in proportion to their capacities and to the
existing or probable demands fef general commerce, and also report upon
By Mr. CRAWFORDjffor Mr. G a m b l e ) :
one or more systematized schemes of such improvement, involving all
A bill (S. 6623) tgfauthorize the reservation o f lands for waterways heretofore examined together with any natural or artificial
public purposes in tjwn sites in certain Inhian reservations; channels, essential for the utilization thereof, whether heretofore ex
amined or n o t ; also upon all ^jojects heretofore adopted, the further
and^^^H
improvement of which is
A bill (S. 6624) to amend an act entitled “An act for the sur out of proportion to the not desjjrable or the expenditure upon which is
benefii£,derived therefrom.
Such report may
vey and allotmeidfDf lands now embraced within the limits of include other related informatioi| pertaining to the uses or control of
the Flathead Indian Reservation, in the State of Montana, and the waters of the country, and tb » sum of $100,000, or so much thereof
the sale and dJiposal of all surplus lands after allotment,” ap as may be necessary, is hereby appropriated for such examination and
report.
proved AprilJR , 1904 (33 Stat. L., p. 302), as amended by the
(b) That for the regulation aim control of the flow of navigable
act of Marqjft 3, 1909 (35 Stat. L., p. 796) ; to the Committee on rivers in aid of interstate com m eri and as a means to that end for
the storage of flood waters in the 1 atershed of such navigable rivers,
Indian Affairs.
including the beneficial use and col trol of such flood waters, in the
A bill
6625) for the relief of Olaf H. Olson (with accoru- maintenance so far as practicable c f a standard flow for navigation,
lands, and ___
the reclamation of arid and swam
_____ , ____ the development of
panyinj/paper) ; to the Committee on Public Lands.
water pow er; and for the protection^of watersheds from denudation,
By Mr. CLAPP (for Mr. La F o l l e t t e ) :
erosion, and from forest fires, and fo f the cooperation of Government
A lull (S. 6626) granting an increase of pension to Sarah services and bureaus with each other And with States, municipalities,
Welt by (with accompanying paper); to the Committee on and other local agencies in plans and works, having in view such river
regulation and control, the sum of $5,000,000 annually for each of
Pensions.
. f
the years following the 1st day of .Tull, 1912, and up to the date of
By Mr. OWEN:
the completion and opening to commence of the Panama Canal, and
• A
bill
(S. 6627)granting a pension to O. C. Brown; thereafter the sum of $50,000,000 annually for each of the 10 years
following the completion of the Panama (Canal. is hereby reserved, set
A bill (S. 6628) granting a pension to John F. Jones; and
aside, and appropriated and made availaige until expended, out of any
.. A bill (S. 6629) granting a pension to Eliza M. Ivinlock (with moneys not otherwise appropriated, ns a fpecial fund in the Treasury
tqme known as the river regulation fund.
accompanying paper) ; to the Committee on Pensions.
* (c) That of the said river regulation fund, until otherwise directed
by law, one-tenth thereof shall be apportioned to the rivers on the
Atlantic coast, one-tenth thereof to the riters on the Gulf coast out
side of the Mississippi River, one-fifth thereof to the Mississippi River
from St Louis to the Gulf, one-tentli thereof; to the Missouri River and
its tributaries, one-tenth thereof to the Ohio .River and its tributaries,
one-tenth thereof to the upper Mississippi River above St. Louis and
It is ordered, That S. 53S2, to provide an exclusive remedy and com its tributaries, one-tenth thereof to the Sacramento and San Joaquin
pensation for accidental injuries, resulting in disability or death, to Rivers and their tributaries in California, one-tenth thereof to the
employees of common carriers by railroad engaged in interstate or for Columbia and Snake Rivers and their tributaries in Oregon, Washing
eign commerce, or in the District of Columbia, and fijfp other purposes, ton, and Idaho, and one-tenth thereof in the Connection of the Great
be, and it is, recommitted to the Committee on the Judiciary, and said Lakes with the Ohio and Mississippi Rivers Provided, That out of
committee is instructed to redraft the bill so aS to conform to the such fund, in addition to the appropriations m a ® in this act, $2,000,000
follow ing:
AG?
annually shall be expended in the improvement i f the Mississippi River
1. That it be made optional and'Cnmulatiy&sifistead of exclusive.
below St. Louis and $1,000,000 annually in tlM improvement of the
2. That the maximum and minimum schog&le of compensation be in Missouri River between Sioux City, Iowa, and itsunouth, and $1,000,000
creased 50 per cent over that proposed inJ$io bill.
annually in the improvement of the Sacramento, and Feather Rivers,
3. That the provisions in paragraph 4i*section 14, to the effect that Cal., in continuing improvement and toward thelcontrolling of debris
the findings of the adjuster shall be ingRved as prima facie evidence of and floods, in accordance with the recommendations of the California
the facts therein and that the courhjihay submit special interrogatories Debris Commission in its report dated June 30, W 0 7 (printed in the
to the lury looking to a special verjfirct, bo stricken out.
Annual Report of the Chief of Engineers, U nite* States Army, for
4. Omit the requirement in sec#ron 1 that to justify recovery the ac
2269) : Provided further, That no part « such sum herein
ated shall be expended on the Sacramento a id Feather Rivers
cident must have arisen “ out q f and in the course.of his employment”
and insert in lieu thereof tha#rovision of section 1 of the act of Con unless" the State of California shall appropriate for Vie prosecution of
gress of 1008, that the lialgHity shall accrue to “ any person suffering the work herein referred to and deposit in the TreasiVy of the United
States a sum double that annually appropriated by thVU nited States :
injury while he is employ*# by such carrier in such commerce.”
Provided
Treasurer
hereby
The VICE PRESIDENT. Without objection, the proposed authorizedfurther, That thethe State Of of the United Smites llissums of
to receive from
California any a iM a
order will be priidju and lie on the table.
money that have been or may hereafter Ije appropriated IV said State
for the purpose herein
so received th<Steaid sums
Mr. CULBEMDN. I propose certain amendments to the are herein appropriated set forth, and whenforth, to be expended under
for the purpose set
same bill andjrek that they be printed and lie on the table.
the direction of the Secretary of W ar and the supervision of tree Chief
The VICIirtTlESIDENT. Without objection, that order will of Engineers, United States Army. The recommendations contained in
House Executive Document No. 81. Sixty-second Congress, first ses
be made, __
sion. having been adopted by act of the California Legislature of De
F IS H -C U L T U R A L STATIO N IN NEVADA.
cember 23. 1911. are hereby adopted by the Congress of the United
States, and the same are to be made
JIka NIXON submitted an amendment proposing to appro appropriation herein m ade: Provided, the basis of operations under the
however, That, at the discretion
priqjrtT$25,000 for tlie establishment of a fish-cultural station in of the Secretary of War, work may be begun on any portion, section, or
em ployers’
l ia b il it y
and
w o r k m e n ’s
c o m p e n s a t io n
.
Mr. CULBERSON. Mr. Plesfdent, I propose an order, and
ask that it be read, printed, and lie on the table.
The proposed order was read, as follow s:
CONGRESSIONAL RECORD— SENATE.
1912.
unit of the work when the rights of way and spoil banks needed for
such portion, section, or unit of the work have been acquired.
(d) That a board is hereby created, to be known as the Board of
River Regulation, consisting of the Chief of Engineers of the United
States Army, the chairman of the Panama Commission, the chairman
of the Board of Review of the Engineer Corps of the Army, the chair
man of the Mississippi River Commission, the Director of the United
Stales Geological Survey, the Chief of the Weather Bureau, the Forester
of the Department of Agriculture, the Director of the Reclamation
Service, the Chief of the Drainage Division of the Department o f Agri
culture, the Secretary of the Smithsonian Institution, one hydraulic
engineer, one sanitary engineer, and one electrical engineer; the last
three to be appointed by the President and to hold office at his pleasure,
ju d each to receive an' annual compensation of $7,500, payable out of
tue river regulation fund.
the Chief of Engineers shall be the chairman of such board, and
the secretary shall be annually elected by the board from its nrfembers.
.(o) That the functions of said board shall be to investigate and ob
tain full information concerning all matters involved in or specifically
related to the objects set forth in paragraph (b) of this section, and
tor such purpose is authorized to expend a suitable and neoessary pro
portion of the moneys therein appropriated; but said board shall not
expend or incur liability for the expenditure of any money for the
construction or execution of plans or projects without the specific
approval of Congress, as hereinafter set fo r th ; that said board is
hereby authorized and direqted to enlist through the President the
Services of any Federal department or bureau the statutory authority
of which may involve investigations or constructive woTk that is neces
sary or desirable in the comprehensive performance of the objects
set forth in such paragraph, and to bring into cooperation and to
harmonize and unify the work of said departments hr bureaus as may
be necessary to provide against duplication or unwarranted or incom
plete work with respect to the objects herein provided; and that said
board is authorized to defray the expenses of such investigations or
assistance to the extent of the ultimate cost thereof to said departments
or bureaus through a transfer of equivalent proportions of the appro
priation herein provided.
(f) That the board shall develop, formulate, and prepare plans for
the accomplishment of the purposes herein provided, and shall report
the same to Congress annually and at suclffother times as may be re
quired ; and whenever the recommendations or any parts thereof in said
report shall receive the- approval of Congress the said hoard shall pro
ceed lo construct and execute the same in accordance with the plans so
approved: Provided, That the provisions -^ f this section shall be so ad
t>
ministered as in no way to supersede or conflict with any specific pro
visions which Congress shall from tim e.fo time make by way of appro
priations other than such 'as are made by this act for work and im
provements to be performed- or maintained by the Corps of Engineers.
United States Army, but iliat all work prescribed under this "section
shall be supplemental to amT%oordinated with the work as specifically
prescribed by Congress in othfSr Acts.
(g) That the board shall in -all Cases where possible and practicable
encourage, promote, and endeavor‘ to secure the cooperation of State
and local government bodies, pifi^Sc and quasi public corporations, pri
vate associations, and persons iifjftarrying out the purposes and objects
of this act, including the securing of the financial cooperation of said
p arlie s; that it shall negotiate! and arrange plans for the apportion
ment of work, costs, and bencQ#8- a S to secure the agreement and con
sS d
sent of said parties, contingent upon the final approval of same by Con
gress as herein provided, which approval and consent may include the
acceptance and use of any funds or property donated or subscribed or
in any way provided for cooperative Work, but no moneys shall be ex
pended under any arrangement for cooperation approved by Congress
until tbe funds to be provided by the parties to such arrangement shall
have been made availabltyfor disbursement.
OBION
Av
NB FORKED D E E R 'jU V E R ,
TENN.
Mr. LEA submitted an amendment $a-oposing to appropdK te
$540.85 for continuing improvement or^jlie Obion and F oiled
Door River, Tenn., etc., intended to bft proposed by him
the river and harbor appropriation bill (II. R. 21477), whic
was referred to the Committee on Commerce and ordered to be
printed.
A M E N D M E N T S TO IN D IA N A P PR O PRIATIO N BILL.
Mr. CRAWFORD (for Mr. G a m b l e ) submitted an amendment
proposing to appropriate $35,000 for the construction of a new
school building at Rapid City, S. Dak., etc., intended to be pro
posed by him to the Indian appropriation bill (H. R. 20728),
which was referred to the Committee on Indian Affairs and or
dered to be printed.
He also (for Mr. G a m b l e ) submitted an amendment propos
ing to Appropriate $10,000 for general repairs and improvements
of buildings at the Yankton Sioux Agency, S. Dak., intended
to be proposed by him to the Indian appropriation bill (H. R.
20728), which was referred to the Committee on Indian Affairs
and ordered to be printed.
ff0^~
BU R EAU o f
h e alth
.
5577
S T A T IS T IC S RE LA TIVE TO CORPORATIONS.
Mr, HEYBURN submitted the following resolution (S. Res.
29G), .which was read, considered by unanimous consent, and
a greedS, t o :
Resolved, That the President is respectfully requested, if not incoir
patible -with public interest, to transmit to the Senate any m form at^
in possession of the Government relating to the number, name,
business oa all corporations heretofore organized by the authorit
under the l^w s of the United States.
\
S A V IN G S -B A N K
S T A T IO N S .
Mr. H E Y ^JR N submitted the following resolution
297), which V as read, considered by unanimous coi
agreed to ;
\
A
lies.
!ht, and
R esolved, Thaftthe Postmaster General he, and he is
directed
to submit to the Senate a report of the number of savinffl^auk stations
established, the
pount of deposits received th e r e in jW e amount of
withdrawals, the <^p osition of the money received, :ujaiv where it is at
present held, the aknount of such funds loaned, anfflFtiie interest re
ceived therefor.
C H E STN U T -T R E E B L IG H T.
resolution (S. Res.
Mr. GALLINGE , submitted the followp
kd, considered by ui fcnous consent, and
298)
, which was r^
agreed to:
is hereby directed to
Resolved, That the Secretary of Agric
communicate to the SenSte, at the earlier _ racticablc day, the results
on of the so-called chestnutthus far secured in the study and invest^
far expended in said study
tree blight, and the amou|it of money
and investigation.
IESTEADj ITR IE S.
H
Mr. BORAH submitt
299) , which was read, e
agreed t o :
the
following resolution (S. Res.
Fed by unanimous consent, and
Resolved, That the SecretaSW of Agriculture be, and he is hereby,
directed to furnish the Sen^P%\T
ith a statement showing the number
of applications which have ypFnVtade for the listing of lands for home
stead entries within foresMTeselyes under the act of June 11, 1906,
and the number of applications
ich have been allowed, together with
the number which h a v e jF e n disavowed, under said a c t ; also a state
ment showing the nuuarer of ra feers’ headquarters or rangersteads,
popularly called, whicijSFhave been treated in the forest reserves since
the passage of the aajfof June 11, l| )0 0 ; also a statement showing the
amount of timber vpfch has been s 1 from the forest reserves within
e same, and whether or not said
the last three yearjBind the price of
ual market price of such timber.
timber has been sJH at or below the
THl
"K IT E D ST A TE S A R M !
( S . DOC. NO. C 2 1 ) .
Mr. NHWflpiNDS. I ask to hai% printed as a public docu
ment the fg|rc>wing communications,Appearing in the Independ
ent, Newjjrork, regarding the A rm l: Articles by Gen. Wood,
Gen. Wqsnerspoon, Gen. Edwards, 0©1. Liggett, Maj. Shelton,
Gen. Earns, and Secretary of War Stimson.
Tlie^flCE PRESIDENT. The Senator from Nevada asks to
havejPrinted as a public document the series o f articles he mentio u /a s having boon prim.-.’
■
■
Che Chair hears none,
FIV E
C IV IL IZED
TRIBES
IN
O KLAH OM A.
Mr. OWEN. I move that the bill (S. G339) to adjust titles
within the Five Civilized Tribes in Oklahoma, and for other
purposes, he recommitted to the Committee on Indian Affairs.
The motion was agreed to.
I i f t W K ML-BEVENUE T A X E S IN
T H E P H IL IP P IN E S
( S . DOC. NO. 6 2 $ ^
dfte VICE PRESIDENT laid before the Senate the following
message from the President of the United States, w h id ^ v a s
read, and, with accompanying papers, referred to the fljfm iitteo
on Pacific Islands and Porto Rico and ordered toJ|Pf>rinted:
To the Senate and House of Representatives
I submit herewith act No. 2127, entitludF^n a el providing
for the apportionment and disposition oJj Piterna 1-revtjjhue taxes
collected in the Philippine IslandslpKh July 1, 1912," passed
by the Philippine Legislature on Ipiruary 1, 3912.
\
Under a provision of section^pPfr the United^ States %stoms
tariff law, approved AugusUSr 1909, affirmative approval of
this act by Congress is necgpriry to make it effective. I %ans4
iiit herewith a letter o j^ g c Secretary of War explainin&the
;t and its effect. I ro^Bhmend that it be approved.
W m . H. T aft*,
T h e W h it e
April SO 1912.
,
Mr. OWEN. I desire to have printed and lie on the table
certain amendments which I intend to propose to the bill (S. 1)
DEPARTMENT OF H E A L T H .
to establish a bureau of health, and for other purposes.
^
The VICE PRESIDENT. Without objection, the amend
The VICE JHTESIDENT. The morning business is closed.
ments will be .printed and lie on the table.
. - ‘
Without objgcfion, the Chair lays before the Senate, for pur
c o m m i t YU e
^n a t i o n a l b a n k s .
poses o f dgpSnssion only, the following b ill:
Mr. SANDERS submitted Or; fbftmving resolution (S. Res.
The Sm Retaby. A bill (S. 1) to establish a department of
295), which was read and^^rerred to the Committee to Audit healtlKjrfid for other purposes.
and Control the ContR^fmt Expenses of the Senator
MtfcWORKS rose.
SIMMONS. Mr. President-----. Resolved, That the ^Committee on National Banks he, and it hereby
authorized to einploy a clerk, at a salary of $2,220 per annum, ana
he VICE PRESIDENT. Does the Senator from California
a Messenger, at $1,440 per annum, to he paid from the contingent fund
yield to the Senator from North Carolina?
° f the Senate until otherwise provided for by law.
5578
CONGRESSIONAL RECORD— SENATE.
Mr. WORKS. Certainly.
Mr. SIMMONS. I should like to inquire of the Senator from
California how long he expects it will take him to conclude.
Mr. WORKS. I expect to conclude what I have to say within
three-quarters of an hour.
Mr. SIMMONS. I was only asking as a matter of con
venience to myself, as I expect to follow the Senator.
The VICE PRESIDENT. The Senator from California will
proceed.
ENFORCED P H Y S IC A L
E X A M IN A T IO N
OF
SCHOOL
CH ILD REN .
Mr. WORKS. Mr. President, the doctors composing boards
of health are not content to leave it to the parents of school
children to determine whether children shall be examined by
doctors and nurses appointed by school boards to detect physical
defects or not. They have, in some of the States, procured laws
providing for enforced examinations, leaving no choice to the
parents, and will do so in every State if they can. What I have
said about the methods of the doctors will indicate what such
a license would mean. Some of the doctors thus employed are
honorable and conscientious men. Some of them, it may safely
be said, are not. And most of them are inexperienced and some
wholly incompetent. It has been said that what a doctor looks
for in the way of disease he generally finds. In these school ex
aminations they have found an astonishing number of physical
defects that, in their estimation, call for surgical operations.
And generally when this is necessary the doctor who discovers
the fact gets the job. I f he does not, some other doctor does. It
adds immensely to the practice and revenues of the profession.
It is a great temptation to make business and increase the prac
tice that they say they have lost through “ irregular practitioners.”
This effort to get possession of the schools by the doctors, to
the exclusion of the parents, has aroused very general indigna
tion and protest. It is regarded as one more unwarranted effort
of the doctors to usurp all power in the matter of health regu
lation and the treatment of disease. Compulsory examination
is the forerunner of compulsory treatment. This statement of
the conditions of things under such a law of compulsory exami
nation in Boston is typical of all of them.
A pril 30,
vitation. These two interested parties will not be long in ex
tending the activities of this bureau into the States; and, un
fortunately, if it were left wholly to the executive authority of
the State he would, as a rule, leave it to the.health authorities
and the result would be the same. The aujrfior of the bill was
not quite satisfied, however, with this convenient opportunity
to invade the States. The director o f health is authorized, in
his discretion, to appoint an advisoryynoard of not more than
seven members, who may, of courseyne doctors of the regular
school in as many States “ to confer with him * * * con
cerning the health of the people,^who shall hold office for a
term of seven years.
/
Mr. HEYBURN. Mr. President-----The VICE PRESIDENT. Ikces the Senator from California
yield to the Senator from IdrJfo?
Mr. WORKS. Yes; I yielif
]M HEYBURN. I sho/id like to inquire at this point
r.
wherein does this bill differ from the so-called Borah bill estab
lishing the children’s bupau? Does this measure extend the
power under that bill at*all?
air. WORKS. It d o # extend the power.
air. HEYBURN. TSe power is coexistent, is it not?
air. WORKS. Certainly.
air. HEYBURN. , T understood the Senator from California
supported that bill.
air. avORKS. , f The Senator from California ” did not sup
port that bill. 0
air. HEYBURN. Then I beg pardon.
air. WORKS; “ The Senator from California ” voted against
it.
#
Mr. HEPBURN. It was because of such things as this,
among others, that I opposed it.
Mr. W0TLKS. This makes a very close and satisfactory con
nection.-between State and Nation, and should be entirely satis
factory to the doctors.
Bufc Mr. President, the bill does not stop there. It gives the
director of health power to request the health authorities of all
th # States to send delegates—
t 0f confer with him or his duly appointed representatives and with each
Children of the Boston schools, by a new regulation, are made to efther at such time and place as he may designate concerning any par
undergo a physical examination which will necessitate the removal of , ticular matter or matters relating to the public health.
clothing. A storm of protests from many parents, as well as children,/;
Not only so, but he is authorized by the provisions of the bill
was aroused yesterday when the work of examination of S00 girls gtp
to call a health conference of all the States, and compelled to
the Roxbury High School was nearly completed.
Two girls strongly
objected to the examination, but finally were persuaded to subiifft. do so upon the petition of the health authorities of five States
There was another protest from the residents of West Roxbury \£hen and Territories.
about G girls were subjected to the examinations at W est Roxbury
O
A more ingenious attempt to evade the Constitution and en
High School yesterday. One girl who objected was sent home :|o her
parents and told to consult the family physician. How her case came croach upon the province of the States in one of their most
out is not known. Although the statute requiring the examination has
existed since 1906, the examination has not been rigidly enforced ex vital and sacred rights has never been attempted. The obvious
cept in the primary schools, but this year it is to apply tojnll of the purpose is to make the head of this bureau the autocratic power
grades. It is over the high-school and normal-school girl sJE tween 14
Se
that is to control the health activities of the whole country.
and 18 years of ago that objections are being made.
r e board of
W
Mr. GALLINGER. Mr. President-----health and the school committee both support the regulation as neces
The VICE PRESIDENT. Does the Senator from California
sary and essential in maintaining the health of the school children and
as a preventive to disease. The heart, lungs, and s » h e may be ex yield to the Senator from New Hampshire?
amined, and feet when necessary.
Mr. WORKS. Certainly.
Mr. President, I can not stop now to enter uj$n any extended
Mr. GALLINGER. Is the Senator aware o f the fact that
argument on this question. It seems to me tq>/Wso obnoxiously under existing law precisely that authorization is given in con
subversive of every sense of personal libeu^ and such an en nection with the Public Health and Marine-Hospital Service?
croachment on the rights of parents to Jjfave control of their
Mr. WORKS. I am aware of that fact, but it is not given
children that it needs no discussion.
j?
over to an independent bureau; it is under the Treasury De
B IL L IN VIOLATION OF RIG H TS Q # T H E STATES.
partment, which is quite a different thing.
Mr. GALLINGER. The Public Health and Marine-Hospital
Mr. President, it is a conceded fait that within the States
health regulations are within the power and jurisdiction of the Service is under that department, but at the same time the
State authorities, and it is an authority that is and should be power is the same and the results, I should think, would be
jealously guarded. Ostensibly tMs bill purports to confine the the same.
activities of the Government ii#-this respect to Federal terri
Mr. WORKS. I do not know whether the results are the
tory and within Federal jurisdiction. I f it does not, it would same or not, but I think not.
at once be declared unconstitutional. But one of the prime ob
All he needs is the assent and cooperation of the doctors at the
jects of the bill is to extenfl this power to every State in the head of the health boards of the several States, and as that is
Union, and, if it is passed the powers granted by it will be just what they all want and are striving to obtain by this bill,
used for that very purpose. That is the very thing the doctors it may be regarded as done as soon as the bill becomes a law.
are most desirous of bringing about. The bill is very ingen
I commend these considerations to the careful attention of
iously drawn to accomplish this result. It provides:
the Senate.
It shall be the duty o f the bureau of health to collect and disseminate
information relating t / the public health and to enforce the observance
of all regulations ana laws of the United States relating to the public
health.
/
R E ST RICT IVE L A W S IN VIO LA TIO N OF T H E CONSTITUTION .
Mr. President, I come now to the consideration of a purely
legal question presented by the enactment and enforcement of
This is as b/oad and comprehensive as language can well the restrictive laws that I have endeavored to bring to the at
make it. It is'attempted or pretended to be modified by a pro tention of the Senate, including the bill under consideration,
viso to the effect that this shall not authorize the bureau of which is a part of the scheme to deprive certain people of this
country of the right to heal disease and ameliorate human
health to—
exercise, or attempt to exercise, without express invitation from the suffering according to their conscientious convictions; in ease
chief executive or other proper authority of the State, any function of some of them, according to their religious views of right and
belonging exclusively to such State.
duty.
Under this clause any board of health of any State composed
In the consideration of this question I shall be forced to give
of the very doctors who are interested in extending the power attention particularly to the rights of Christian Scientists in
of this health bureau to the farthest limit may extend this in- |this respect, because, whether rightly or wrongly, they believe
1912.
CONGRESSIONAL RECORD— SENATE.
5659
United States Compiled Statutes so as to prevent the restrain
Mr. LEA submitted the following resolution (S. Res. 301),
ing of the assessment or collection of any tax— State, county,, which was read:
municipal, district, or Federal— reported it with an amendment Whereas the proposed settlement between the United States and the
International Harvester Co., by which the so-called Harvester Trust
and submitted a report (No. 688) thereon.
B IL L S INTRODUCED.
was to have been permitted to reorganize and to bring its organiza
tion and business within the Sherman antitrust law as construed by
the Supreme Court, has been abandoned and suit has been instituted
by the United States to dissolve the International Harvester C o .; and
Whereas the facts developed in the attempted settlement between this
company and the United States, and the differences that resulted in a
failure to agree upon the terms of dissolution of the so-called H ar
vester Trust, will be of interest and importance in considering pro
posed amendments to the Sherman antitrust la w : Therefore be it
R esolved, That the Attorney General be, and he is hereby, instructed
to lay before the Senate all correspondence and information he may have
upon this subject, together with any and all correspondence, informa
tion, and reports of the Bureau of Corporations relating thereto, from
January 1, 1904, to the present time.
Bills were introduced, read the first time, and, by unanimous
consent, the?.second time, and referred as follows:
By Mr. CHILTON:
A bill (S. , 6630) to correct the military record of William
Dunsford, alias William King; to the Committee on Military
Affairs.
\
A bill (S. 6(331) granting an increase of pension to Oscar C.
B lack; and
A bill (S. 66.3£) granting an increase o f pension to Hiram
Mr. LEA. I ask that the resolution may be printed and lie
Campbell; to the ’^Committee on Pensions.
on tbe table. ,
By Mr. SWANSON (for Mr. M artin o f Virginia} :
The VICE PRESIDENT. The resolution will be printed and
A bill (S. 6633 )\ to correct the military record of Charles
Anderson (with acfompanying paper) ; to the Committee on lie on the table.
H O U SE B IL L REFERRED.
M ilitary Affairs.
^
By Mr. GALLINGEl
H. R. 20840. Ah act to provide for deficiencies in the fund for
A bill (S. 6634) grafting an increase of pension to Charles police and firemerfs pensions and relief in the District of Colum
Mays (with accompanying papers) ; to the Committee on Pen bia was read twice, by its title and referred to the Committee on
sions.
\
Appropriations.
By Mr. SHIVELY :
\
C A LL IN G OF T H E ROLL.
A bill (S. 6635) granting an increase of pension to Margaret
The VICE PRESIDENT. The morning business is closed.
J. Grable; to the Commit! on Pensions.
Mr. SHIVELY. I suggest the absence of a quorum.
By Mr. W O R K S:
The VICE PRESIDENT. The Secretary will call the roll.
A bill (S. 6636) to authorize the President o f the United
The Secretary called the roll, and the following Senators an
States to appoint Robert H. Peck a captain in the Army; to the swered to their names : *
Committee on Military A ffairs.!
Dillingham
Myers
Shively
Ashurst
Nelson
Bacon
du Pont
By Mr. B O R A H :
/
\
Simmons
Pall
Newlands
Smith, Ariz.
A bill (S. 6637) granting a pension to Reinhard Anscheutz Borah
Nixon
Bourne
Fletcher
Smith, Ga.
(with accompanying paper) ;
*
Foster
Brandegee
O ’Gorman
Smith, S. C.
A bill (S. 6638) granting an increase of pension to George H. Bristow
Gallinger
Stephenson
Oliver
Brown
Gronna
Overman
Sutherland
Batchelder (with accompanying paper) ;
Burnham
Guggenheim X
Page
Swanson
A bill (S. 6639) granting an increase o f pension to John P. Burton
Hey burn
Thornton
Paynter
Glenn (with accompanying paper) ;
Catron
Hitchcock
; Percy
Tillman
Johnson, Me.
Townsend
| Perkins
A bill (S. 6640) graiiting a pension to Robert Hamilton (with Chamberlain
Chilton
Warren
Johnston, Ala. \ Poindexter
accompanying pap er)/
Clark, W yo.
W atson
Jones
VPomerene
We (more
A bill (S. 6641) granting a pension' <to Robert Riley Lorton Clarke, Ark.
Lea
\Rayner
W illiam s
Reed
Crawford
Lippitt
(with accompanying paper) ;
Richardson
Works
Cullom
Lodge
A bill (S. 6642) /ranting an increase of pension to William A. Cummins
McLean
Root
Sanders
Marline, N. J.
Davis
Stewart (with accompanying paper) ;
A bill (S. 6643/ granting an increase of pension to William
Mr. SHIVELY. I desire to sfeite that my colleague [Mr.
Turnbeaugh (witp accompanying paper) ; and
K e r n ] is unavoidably absent from the city.
A bill ( S. 66440 granting a pension to A. J. Henderson; to the
Mr. TOWNSEND. I wish to st^te that the senior Senator
Committee on Intensions.
from Michigan [Mr. S m i t h ] is una%>idably absent on the busi
By Mr. B R A D L E Y :
ness of the Senate.
A bill (S. 6b45) granting an increase o f pension to William
Mr. FLETCHER. I d e s i r e t o s t a f that my colleague [Mr.
Dawson (witii accompanying paper) ; to the Committee on B r y a n ] i s u n a v o i d a b l y a b s e n t f r o m t l city.
Pensions.
j
Mr. SWANSON. I will state that ly colleague [Mr. M aricount of illness in his
t i n ] is detained from the Senate on
A M E N D M E N T S TO RIVER AN D HARBOR B IL L ( I I . R. 2 1 4 7 7 ) .
family.
Mr. ROOT submitted an amendment proposing to increase
The VICE PRESIDENT. Seventy Senators have answered
the appropriation for improving harbor at Ogdensburg, N. Y., to the roll call. A quorum of the Senate; is present.
from $20,000 to $87,970, intended to be proposed by him to the
LA N D A T M AG D A LE N A B A Y ( S . DOC. NO. 6 4 0 ) .
river and/harbor appropriation bill, which was referred to the
A message, in writing, was received from the President of the
Committee on Commerce and ordered to be printed.
He also submitted an amendment relative to the survey of United States by his executive clerk, Mr. Ltatta.
Mr. LODGE. Mr. President, I ask that -fc e message may be
h
the Great Chazy River and the Little Salmon River, State of
New York, intended to be proposed by him to the river and laid before the Senate.
The VICE PRESIDENT. The Chair laysl ibefore the Senate
harbor appropriation bill, which was ordered to be printed and.
jtates, which will
with accompanying papers, referred to the Committee on Com- a message from the President of the United
be read.
naerce.
nrt» t T
m m‘ "
Mn
The Secretary read as follows:
.a m * * * - * B,^ C R E E K : A L LO T M E N T S .
To the Senate:
Mr. OWEN submitted an amendment proposing to carry into
In response to the Senate’s resolution of Ap&il 2, 1912. re
effect the agreement between the United States and the Mus questing the President, “ if not incompatible with the public
kogee (Creek) Nation of Indians ratified by act of Congress interest, to transmit to the Senate any information in posses
approved March 1, 1901, etc., intended to be proposed by him sion of the Government relating to the purchase of land at
to the Indian appropriation'bill (H. R. 20728), which was re Magdalena Bay by the Japanese Government or bj%a Japanese
ferred to the Committee on Indian Affairs and ordered to be company,” I transmit herewith a report by the Secretary of
printed.
State on the subject.
IN T E R N A T IO N A L H AR VESTER CO.
Mr. UEA
Which was read:
tftff following resolution (S. Res. 300),
Resolved by the Senate, That the response o f the Attorney General
w the resolution of the Senate of Mawffi 16, 1912, calling for corre
spondence and information relative -to the International Harvester Co.,
oe returned by the Secretary of the Senate to that officer, for the reason
that it is not a proper response to the resolution of the Senate.
Mr.
He on
. The
He on
LEA. I ask that the resolution may be printed and
the table.
VICE PRESIDENT. The resolution will be printed and
the table.
W
m.
it. T aft .
April 30, 1912.
%
i
(Inclosure: Report as above.)
Mr. LODGE. Mr. President, I ask that the report/ of the
Secretary of State may be read.
The VICE PRESIDENT. Without objection, the repofe will
be read.
The Secretary read as follows:
T h e W h it e H o u se ,
The President:
The undersigned Secretary of State, has the honor to report as fo l
lows in regard to the resolution adopted by the Senate on April 2, 1912,
5600
CONGRESSIONAL RECORD— SENATE.
Mat l
requesting the President, “ if not incompatible with the public interest,
taken to make the position of the United States very clear in
to transmit to tiie Senate any information in the possession of the Gov regard to it. The report of the Secretary of State is very
ernment relating to the purchase cf land at Magdalena Bay by the
clear and satisfactory upon this subject. It is evident, of
Japanese Government or by a Japanese company.”
The lirst request of the resolution is for information relating to the course, that the Japanese Government, as such, has never at
purchase of land at Magdalena Bay by the Japanese Government and tempted any purchase there, and I never supposed that it had,
presents itself in two aspects, the first being the acquisition of land
although as a matter of form my resolution covered that point.
directly by the Japanese Government, and the second being the potential
It will be observed, however, in the statement of the Secretary
acquisition of land by the Japanese Government through its preliminary
acquisition by a Japanese company. The Department of State has no of State that attempts have been made to sell tl^C land in the
evidence whatever adequate to show any acquisition of land or any in
tention or desire to acquire land, w'hether directly or indirectly, in neighborhood of Magdalena Bay to a companv/in which Jap.’
anese subjects were to hold a large if notjft controlling in
Mexico by or on the part of the Imperial Japanese Government. Not
only is this true, but, doubtless in deprecation of singularly insistent
terest. I should like very briefly to add a little in that direc
rumors to the opposite effect, both the Imperial Japanese Government
and the Government of Mexico some time ago made public official decla tion to the statement made by the Secretary'of State.
I do not question in the least the entire correctness of the
rations to the effect that there was no basis to the rumors in question.
The second request of the resolution is for information relating to the attitude of the Japanese Government or that the Department of
purchase of land by a Japanese company. Itumors regarding this ap
pear to have arisen from efforts made by an American syndicate to dis State has taken every proper means to make our attitude clear.
But I think it is just as well that the Senate should know
pose of certain lands which they claimed actually or potentially to own
or control in the vicinity of Magdalena Bay. This American syndicate,
exactly what has happened in connection with Magdalena Bay,
according to the department’s information, entered upon negotiations
so far as I have been able to discover.
for the sale of the lands to a Japanese syndicate. The attorney for the
American syndicate, in person and by letter, sought a statement as to
Some years ago the Mexican Government made a large con
the attitude the department would take toward such a transaction. In
cession of land, some 4,000,000 ac/cs, running along the coast
connection with these inquiries there was evidence that the American
syndicate felt or knew that Japanese capitalists would not care to con of Lower California, lying between the mountains and the sea,
summate the purchase of the lands without the approval of the Japanese
and including Magdalena Bay, to an American named Floris
Government, and that in view of the location of the lands in question,
the well-known American policy to which these reports had been re Hayes. He transferred his concession to another American
named Edwards, and he, in turn, transferred the concession to
lated in some quarters, and indeed its usual friendly consideration for
the United States, the Imperial Japanese Government would not give a man named Lakin.
such approval unless assured that the transaction would be unobjection
Under Mr. Lakin’s auspices a company was chartered under
able to the Government of the United States.
This department replied to the attorney that it was difficult cate the laws of the State of Maine, called the Chartered Co. of
gorically to answer the inquiries made, but that the fact (very likely
Lower California. The company did not prosper. In its efforts
fully realized by him) ought not to be disguised that such a transfer
would be quite certain to be interpreted in some quarters-in a manner to sustain itself it borrowed $200,000 from the J. E. Henry
to cause a great outcry, and that such a result would be so obviously
Co.—or from Mr. J. E. Henry himself, who, I believe has since
a cause of regret to the Government of the United States that it would
died—which is a very large lumber firm in New Hampshire.
appear unnecessary further to comment upon the disposition of the
The Chartered Co. became bankrupt and its property passed
Federal Government in the premises.
Subsequently the American interests concerned set about making into the hands of the creditors, the holders of the Henry
arrangements for cooperation with Japanese investors in the formation
loan. A holding company was formed called the Magdalena
of a company for the working of the lands in accordance with some plan
which they hoped the Government of the United States might be willing Bay Co., which took all the stock and bonds of the Chartered
Co. and issued certificates. Those certificates are in the
to pronounce unobjectionable.
The same attorney of the Americans
interested later roughly outlined to the department the idea of a scheme hands of the J. ,E. Henry Co., and, therefore, the actual con
by which the Japanese investors should hold a 35 per cent interest in
the company with an option for a further 15 per cent interest, the Amer trol of that property is with them. They very naturally have
ican syndicate to retain control of the property, with a majority of the been making efforts to dispose of the property in order to reim
board ‘of directors and the president and manager of the company to be burse themselves for their debt. Various promoters have been
Americans.
A statement of the attitude of the department with respect to this trying to s^ll the property—on commission, presumably—and
general scheme was then sought by the attorney of the American in have been-'endeavoring to form syndicates for its purchase.
terests. To his inquiry the department replied in January last that the
In tlie'Teport of the Secretary of State, just read, which the
intimation of changes in the project neither persuaded the department
to add anything to its former statement nor made it feel called upon to President has transmitted, it is stated that the department was
say whether or not it might at any time see reason to disfavor such a consumed about one of these propositions, which was to sell
project. It was added that these were the sole remarks the department the property about Magdalena Bay to a company which should
had to make with only such general and insufficient information be
consist of Americans and Japanese, the Japanese holding 35
fore it.
Since this reply the files of the Department of State do not disclose per cent o f the stock, with an option to take 15 per cent more.
any further communication with the Americans interested in the lands Those negotiations have not been consummated, although there
or their attorney either in regard to the proposed sale of the lands to a
Japanese syndicate or in respect to the mooted arrangement for Japan >4s a sale at present under consideration, I believe, to a company
ese participation in an American company.
said to be exclusively American. There is, however, no doubt
Thus both correspondence and oral communication have assured qfi
the part o f the Americans concerned a full realization o f the interest <of
this Government in the character o f any such transactions as those dis
cussed, and in the absence of any new information the department can
not assume that there is on foot any project calling for action on the
part o f the Government of the United States.
that efforts have been made to sell that property to a syndicate
in which there was a large Japanese interest.
Now, Mr. President, what I desire to call the attention of the
Senate to particularly is this : Magdalena Bay lies near the end of
Adverting once more to the text of the resolution, the undersigned Lower California. It has at the present moment no commercial
has the honor to say, by way of recapitulation, that there is nothing on value. There is an industry there, and has been for some years
file in the Department of State that has justified any inference that the
Mexican Government or the Imperial Japanese Government has been in the gathering of sea moss called “ orchil,” which is used fox’
occupied with any disposition of land near Magdalena Bay by which the dyeing purposes. It has been a prosperous industry at times
latter Government would acquire land there for any purpose.
but ixever a very large one. There have been reports of oil
In these circumstances the Department of State felt no necessity for
further steps in the matter of any of these rumors, which are of a kind being found in that neighbor-hood and also reports of minerals
but there are neither mines nor wells, and there certainly
that all too frequently occur to the detriment of public opinion in the
respective countries and are so alien to the cordial relations of the no commerce there. The land in its present condition is very
Governments concerned.
largely desert, and I think while possibly in the future it may
However, his excellency, the Japanese ambassador, informed the de
partment that he had apprised his Government of the rumors in ques be developed industrially and commercially, at the present
tion, which had become well known through the public press; and moment there is no commercial or industrial development of
subsequently his excellency made, with his Government’s authorization
and merely for the information of the Department of State, an unre any importance. There are, of course, no railroad connections
served and categorical denial of the rumored purchase of land at Magda of any sort.
lena Bay by the Imperial Japanese Government or by a Japanese com
The peninsula of Lower California, although it belongs to
pany, characterizing the report as entirely sensational and utterly
without any foundation whatever, the Japanese Government having Mexico, is a part of our coast, a continuance of the coast of
never directly or indirectly attempted or contemplated the acquisition California, separated fx*om Mexico, as everyone is aware, by the
of any land at Magdalena Bay for any purpose.
Gulf of California. It connects with Mexico at the upper end
Respectfully submitted.
by a narrow strip through which pass the mouths of the Colo
P. C. K nox .
D epartment op State ,
rado, which are of very great interest to us. This upper part
Washington, April Tt, 1912.
of Lower California has been used as a seat of insurrection
Mr. LODGE. Mr. President, before this message takes the and as a refuge for outlaws and bandits from Mexico duriim
usual course, I desire the indulgence of the Senate for a few the recent troubles in that countx-y.
There is, as I have said, no railroad connection on the penin
moments that I may say a word in regard to this matter, be
cause the message is in reply to a resolution which I introduced. sula, and Magdalena Bay can have no value whatever at the
I did not introduce that resolution unadvisedly or with any present time except a military and strategic value. Its mili
ulterior motive. It seemed to me, from the information I had tary and strategic value, however, is very great indeed. It lies
received, that there was a situation in existence in regard to there, a fine bay, at a point on the coast nearly midway between
the land about Magdalena Bay which might become a cause San Francisco and Panama—I am not sure of the distances
of difficulties and misunderstandings, unless some steps were but it is approximately midway. Nobody would think of buy-
CONGRESSIONAL RECORD— SENATE.
5668
Mr. GA LIt]i^Qj8RP lgT1
a ,1!tl^,rT ^ n rcqriesfgff~to--.aiino unee u .^
“ le Seaaiftyrfrom Ohio [Mr. B urton ] is paired with*tlre Senatoi
fr<4«riGorida [Mr. F letcher ].
■'he resr
as announced-—yeas 27, nays 28, as follows
Ashurst
Bacon
Borah
Chamberlain
Clapp
Clarke, Ark.
Culberson
Bradley
Bristow
Brown
Calron
Clark, Wyo.
Crane
Crawford
Bailey
Bankhead
Bourne
Brandegee
Briggs
Bryan
Burnham
Burton
Chilton
Cullom
Y E A S — 27.
Gore
Owen
Hitchcock
Pomerene
Lea
Rayner
Marline, N. J.
Sanders
Myers
Shively
Simmons
O'Gormau
Smith, Ariz.
Overman
Cummins
du Pont
Fall
Galiinger
Gronna
Heyburn
Jones
N A Y S— 28
Lippitt
Lodge
McCumber
Nixon
Oliver
Page
Perkins
NOT V O T IN G — 40.
Curtis
Johnston, Ala.
Davis
Kenyon
Dillingham
Kern
Dixon
La Follette
Fletcher
Lorimer
Foster
McLean
Gamble
Martin, Va,
Gardner
Nelson
Guggenheim
Newlands
Johnson, Me.
Paynter
Smith, Ga.
Smith, Md.
Smith, S. C.
Swanson
W atson
W illiam s
That follows questions which had been asked by the Senator
from Mississippi [Mr. W il l ia m s ]. Mr. Schwab answered in
this w a y :
• Mr. S c h w a b . About one-third in all the heavy steel.
i.
per cent of the entire cost is labor.
From 30 to 35
%n relation to the 16$ per cent the Senator spoke of, this is
w fe t I asked Mr. Schwab when he was before the committee:
Senator S moot . Or, in other words, if every other item of expense at
tached to the manufacture of steel was equal with every other country,
the© 16J per cent would be necessary to protect you against the actual
lab®: cost ?
3£r. S c h w ab . E xactly so.
Richardson
Root
Smoot
Sutherland
Townsend
Warren
Wetmore
Penrose
Percy
Poindexter
Reed
Smith, Mich.
Stephenson J
i
Stone
ThorntofF
TillmSff
W ^res
So Mr. L ea’ s motion was rejected.
THE METAL SCH
Thv^VJTE P R E S ID E N ^ ^ a w e^ ou r of 2 o’clock having ari'U'ed, ttieU?lw«^4*i^^
Senate the unfinished business,
House bill 18642.
The Senate, as in Committee of the Whole, resumed the con
sideration of the bill (H. It. 18642) to amend an act entitled
“An act to provide revenue, equalize duties, and encourage the
industries of the United States, and for other purposes,” ap
proved August 5, 1909.
The VICE PRESIDENT. The Senator from North Carolina
[Mr. Sim m o n s ] is entitled to the floor.
Mr. SIMMONS. Mr. President, yesterday when speaking of
the statement made by Mr. Schwab, president of the Bethlehem
Steel Works, before the Committee on Finance, I stated that in
response to certain questions propounded by the Senator from
Mississippi [Mr. W il l ia m s ], Mr. Schwab had then contended
that 33$ per cent of the total cost o f the products of iron and
steely was labor, and that the labor cost in this country is twice
high as in Europe, and that the labor cost in Europe is about
per cent of the total cost of production, while here it is 33$
Dor cent.
East August, when Mr. Schwab was examined under oath
with reference to this matter in the investigation of the United
states Steel Corporation, then pending before the committee of
the House of Representatives, he made an entirely different and
apparently contradictory statement. He then stated:
The cost of labor per man in the United States is almost double what
P is in England— a little more.
*
*
* I think the cost per ton
m the United States is as cheap as it is abroad, notwithstanding the
ract.
* *
*
I think the reason for that is because we manufacture
large quantities. We manufacture under the economic conmuons that I spoke of, and our tonnages are so great.
Mr. President, the only way in which we can reconcile this
sworn statement of Mr. Schwab made last August with the
statement before the Committee on Finance, which I have
heretofore quoted and discussed, is that when he said before
the Committee on Finance that the cost here was twice what
jt is abroad he did not mean the cost per ton, but he meant
that the per diem wages paid here are twice what they are
abroad.
Mr. SMOOT. Mr. President-----The VICE PRESIDENT. Does the Senator from North CaroBna yield?
Mr. SIMMONS. I do.
Mr. SMOOT. The only disagreement last night between the
Senator and myself was this: I stated that Mr. Schwab’s testiiiiony was to the effect that the labor cost in this country was a
third in the manufacture of heavy steel. The Senator from
Iowa [Mr. C u m m i n s ] took exceptions to that statement and
n^ I think, the Senator from North Carolina.
s°,
I want to call the attention o f the Senator to just what Mr.
Schwab stated, and it was upon the testimony given by Mr.
Schwab that I made the statement. The Senator from Idaho
[Mr. II eyburn ] asked:
„ Senator H eybuun. W hat percentage of the cost of structural steel Is
wages ?
Mat 1,
jshiat is what I stated last night, and I stated it from the
testimony of Mr. Schwab.
Mr. SIMMONS. Mr. President, we will get at that later,
wfien I will discuss this question from the standpoint of what
the Senator from Utah [Mr. S moot] claims Mr. Sclrwab meant
in the statement in reference to the proportion o f labor cost. I
ill attempt to show that the difference in the labor cost upon
the coarser and bulky articles, even as high as he claims that
Mr. Schwab puts it, is covered by the duties provided in this
b ill; and if the labor cost o f the higher and more costly articles
is a third or a half higher, or even twice as high, the duties
placed on those articles will substantially cover the difference,
if any, here and abroad, even if that difference is as great as is
contended.
Mr. President, on yesterday, when I was interrupted, I was
contending that Mr. Schwab, in fixing the labor cost of iron
and steel at 33$ per cent in this country, was speaking about
the industry at large.
Proceeding upon that assumption, I was undertaking to show
that if that were true the cost in Europe was only 16 per cent,
and that this bill, which carries an average ad valorem of about
22$ per cent, covered the difference and left a margin for the
benefit of the manufacturers of something over 6$ per cent.
The other side, I think, anticipating that conclusion, inter
rupted me and insisted that Mr. Schwab, in giving 33$ per
cent as the cost in this country, was not referring to the iron
and steel industry as a whole, but that he was only speaking
with reference to the bulkier and heavier products of iron and
steel.
Mr. President, while I do not think Mr. Schwab’s testimony
bears out that contentiou, for the purpose of the argument that
I propose to make this morning I am going to assume that that
is a correct interpretation of Mr. Schwab’s testimony upon this
question, and that when he said the labor cost of producing steel
and iron in this country was 33$ per cent o f the total cost he
meant only the heavier and bulkier articles, such as are pro
duced by the Bethlehem Steel Works and by the United States
Steel Corporation. If that be true, then, Mr. President, the
difference between the labor cost of these heavy products in
this country and in Europe is, according to Mr. Schwab. 16
per cent.
I have caused various products of the United States Steel
Corporation—and I assume the Bethlehem corporation makes
about the same things—to be enumerated and the ad valorem
rate of duty imposed under this hill calculated by an expert in
the Treasury Department.
I will not read the various items, but I am satisfied from the
information he has given me that they practically cover the
things produced by the United States Steel Corporation and, in
the main, those produced by the Bethlehem corporation.
Taking all these items together, those on the free list as well
as on the dutiable list in the House bill, the average rate of
duty carried is 13 per cent. Eliminating the things on the free
list and taking only those on the dutiable list, the average rate
upon these particular articles is 15.61 per cent, or, according to
Mr. Schwab’s own testimony, this bill carries a rate within a
fraction of 1 per cent o f the alleged difference between the cost
of producing these articles here and abroad.
But, Mr. ITesident, I shall contend that Mr. Schwab, in esti
mating 33$ per cent as the labor cost of these bulkier products,
is far too high, and that, in fact, the average labor cost of these
products in this country is not much more than half as much as
Mr. Schwab claims it is.
I have here the minority report of the Committee on Ways
and Means of the House. Attached to that report, which 'is
signed first by Mr. Sereno E. P ayt , of New York, there is a
ne
table:
Table 1. Census statistics o f manufactures in the United States,
grouped in conformity with the schedules, tariff law of 1897, including
articles classified under section G and the free list.
This is taken from the report of the census made of manu
factures for the calendar year 1904. I have had the same
Treasury expert examine this table and calculate the labor cost
1912.
CONGRESSIONAL RECORD— SENATE.
purchase or redemption of the outstanding interest-bearing obli
gations of the United States was announced as next in order.
Mr. OVERMAN. Let the bill go over.
The VICE PRESIDENT. It will go over.
The hill (S. 256) affecting the sale and disposal of public or
Indian lands in town sites, and for other purposes, was an
nounced as next in order.
Mr. GALLINGER. Let the bill go over.
I lie VICE PRESIDENT. It will go over.
The bill (S. 4702) to amend an act approved February 6,
1905, entitled “An act to amend an act approved July 1, 1902,
entitled ‘An act temporarily to provide for the administration
of the affairs of civil government in the Philippine Islands, and
for other purposes,’ and to amend an act approved March S,
1902. entitled ‘An act temporarily to provide revenue for til
Philippine Islands, and for other purposes,’ and to amend an a#
approved March 2, 1903, entitled ‘An act to establish a standard
of value and to provide for a coinage system in the Philippne
Islands,’ and to provide for the more efficient administration of
civil government in the Philippine Islands, and for other pur
poses,” was announced as next in order.
Mr. OVERMAN. Let the bill go over.
The VICE PRESIDENT. It will go over.
4
5607
“ and to,” and in line 5, after the word “ equipment,” to insert“ so far as funds may permit,” so as to make the bill read:
1
Be it enacted, etc., That the Secretary of Commerce and Labor be
he is hereby, authorized to purchase a site and to construct a w W ?
and buildings and purchase the necessary equipment, so far as fun i
may permit, for a depot for the sixth lighthouse district, at a cost « ?
to exceed $125,000.
‘ ll0t
The amendments were agreed to.
The bill was reported to the Senate as amended, and th
*
6
amendments------ — ---------•r u * .
iie u u u ie iiis
m a sx
ThQ^biH "Wlfs'ordered to be engrossed for a third .reading, reafl
the fail'd time, and passed.
A R M Y TOST A T FORT OGLETHORPE.
The bill (H. R. 17029) authorizing the Secretary of W a r to
convert the regimental Army post at Fort Oglethorpe into a
brigade post was announced a s next in order.
Mr. WARREN. Let the bill go over.
Mr. LEA. This bill has been on the calendar a long time, and
I move to take it up. notwithstanding the objection.
The VICE PRESIDENT. The question is on agreeing to the
motion of the Senator from Tennessee that the bill be taken np
notwithstanding the objection.
Mr. SMOOT and Mr. WARREN called for the yeas and nay8
>
LLOYD L. R. KREBS.
f and., they were ordered.
M OLIVER (when Mr. B randegee ’ s name was c a lle d ).
f\
The bill (S. 1337) authorizing the President to nominate and,
deby and with the advice and consent of the Senate, appoint Sena tor" From
Lloyd L. It. Krebs, late a captain in the Medical Corps of the
Mr. DILLINGHAM (when his name was called). I withhold
United States Army, a major in the Medical Corps on the re
tired list, and increasing the retired'list by one for the purposes my vote because of my pair with the senior Senator from South
Carolina [Mr. T il lm a n ],
of this act was announced as next in order.
Mr. IIEYBURN (when his name was called). I would ask if
Mr. GALLINGER. Formerly I objected to the bill, but I
have been examining the report this morning. The bill is rec the Senator from Alabama [Mr. B a n k h e a d ] has voted?
The VICE PRESIDENT. He has not.
ommended by the War Department, and I see no valid objection
Mr. IIEYBURN. I am paired with that Senator.
to it.
Mr. SHIVELY (when Mr. K ern’ s name was called). I wish
By unanimous consent, the Senate, as in Committee of the
to announce that my colleague [Mr. K ern] is necessarily absent
Whole, proceeded to consider the bill.
The bill was reported to the Senate without amendment, or from the Senate on important business. I wish this announce
dered to be engrossed for a third reading, read the third time, ment to stand for the day.
Mr. OWEN (when his name was called). I transfer my pair
and passed.
to the Senator from Florida [Mr. B r y a n ] and will vote. I
BILLS PASSED OVER.
vote “ yea.”
The bill (S. 459) to adjust and settle the claims of the loyal
Mr. PAYNTER (when his name was called). I have a gen
Shawnee and loyal Absentee Shawnee Tribes of Indians was eral pair with the Senator from Colorado [Mr. G uggenheim ]
announced as next in order.
and therefore withhold my vote.
Mr. LODGE. Let the bill go over.
Mr. TOWNSEND (when the name of Mr. S m ith of Michigan
The VICE PRESIDENT. The bill will go over.
was called). The senior Senator from Michigan [Mr. S m it h ]
The bill (S. 3) to cooperate with the States in encouraging is absent on the business of the Senate.
instruction in agriculture, the trades, and industries and home
Mr. OVERMAN (when Mr. T hornton’ s name was called). I
economics in secondary schools; in maintaining instruction in have been requested to announce that both the junior and the
these vocational subjects in State normal schools; in maintain senior Senators from Louisiana are necessarily absent on the
ing extension departments in State colleges of agriculture and business of the Senate.
mechanic arts; and to appropriate money and regulate its ex
Mr. WATSON (when his name was called). I have a general
penditure was announced as next in order.
pair with the senior Senator from New Jersey [Mr. B riggs]
Mr. GALLINGER. Let it go over.
which I transfer to the junior Senator from Indiana [Mr.
The VICE PRESIDENT. The bill will go over.
K ern ] and I will vote. I vote “ yea.”
The bill (S. 5076) to promote instruction in forestry in States
Mr. WILLIAMS (when his name was called). I have a pair
and Territories which contain national forests was announced with the senior Senator from Pennsylvania [Mr. P enrose]
as next in order.
which I transfer to the senior Senator from Virginia [Mr. M ar
. Mr. GALLINGER. Let it go over.
t in ], and will vote.
I vote “ yea.”
The VICE PRESIDENT. The bill will go over.
The roll call was concluded.
The bill (S. 2234) to provide for a primary nominating elec
Mr. CLARK of Wyoming. I have a general pair with the
tion in the District of Columbia, at which the qualified electors Senator from Missouri [Mr. Stone ], I transfer it to the Sen
of the said District shall have the opportunity to vote for their ator from Illinois [Mr. L orimer] and will vote. I vote “ nay.”
first and second choice among those aspiring to be candidates of
Mr. McCUMBER. I have a general pair with the senior Sen
their respective political parties for President and Vice Presi ator from Mississippi [Mr. P ercy]. I transfer the pair to the
dent of the United States, to elect their party delegates to their Senator from Minnesota [Mr. N elson ] and will vote. I vote
national conventions, and to elect their national committeemen, “ nay.”
was announced as next in order.
Mr. CHILTON. I have a pair -with the Senator from Illinois
[Mr. Cullom ]. I do not know whether he has voted or not.
Mr. GALLINGER. Let the bill go over.
The VICE PRESIDENT. He has not.
The VICE PRESIDENT. The bill will go over.
'
Mr. CHILTON. I withhold my vote, then.
The bill (S. 2051) to promote the efficiency of the Life-Saving
Service was announced as next in order.
Mr. CH AM BERLAIN.
I wish to state that my colleague
[Mr. B ourne] is detained from the Senate on its business.
Mr. OVERMAN. Let it go over. I want to read the bill
Mr. HEYBURN. I stand paired with the senior Senator from
The VICE PRESIDENT. The bill will go over.
Alabama [Mr. B a n k h ead ], I transfer the pair to the senior
DEPOT FOR S IX T H LIG H T H O U SE D ISTRICT.
Senator from Connecticut [Mr. B randegee] and will vote. I
The bill (S. 4476) to provide for the purchase of site and con vote “ nay.”
struction of wharf and buildings and the necessary equipment
Mr. SMITH of Maryland. I notice that the junior Senator
for a depot for the sixth lighthouse district was announced as from New Hampshire [Mr. B u r n h a m ], with whom I am paired
next in order, and the Senate, as in Committee of the Whole, is absent. I transfer the pair to the Senator from Arkansas
proceeded to its consideration.
[Mr. D av is ],
The bill had been reported from the Committee on Commerce
Mr. JONES. I desire to announce that my colleague [Mr.
with amendments, in line 4, after the word “ site,” to insert j Poindexter] is unavoidably absent.
1912.
CONGRESSIONAL RECORD— SENATE.
There being no objection, the communication was referred
to the Committee on Interoceanic Canals and ordered to be
printed in the R ecord, as follows:
5725
the State of Wisconsin, remonstrating against the establishment
of a national bureau of health, which were ordered to lie on
the table.
.r '
A
P h ila d e l ph ia , P a ., A p ril 27, 1012.
He also presented a petition of sundry citizens of Wisconsin,
W e, the undersigned, being actively interested in business in New
praying for the passage of the so-called eight-hour bill, which
England which involves the transportation of merchandise to and from
was ordered to lie on the table.
southern points to New England, understand that the Covington
He also presented resolutions adopted by the faculty of the
amendment, so called, to the hill now before Congress regulating the
passage of vessels through the Panama Canal provides that “ it shall
State Normal School, of Stevens Point, Wis., praying for the
he unlawful for any railroad company or other common carrier subject enactment of legislation providjgp5 for vocational education,
to the act to regulate commerce to own, lease, operate, control, or
have any interest whatsoever, directly or indirectly, in any common which were ordered to lie on th.e table.
carrier by water with which said railroad does or may compete for
Mr. PENROSE presented ^Jpetition of the congregation of
traffic.”
the Memorial Baptist OhurcjJb of Philadelphia, Pa., praying for
W e believe in the regulation of common carriers by the Government
the enactment of legislation to prohibit the manufacture, sale,
and in the authority granted to the Interstate Commerce Commission.
W e do not, however, believe in such restriction or limitation of invest and importation of intoxicating liquors, which was referred to
ment in or the development of steamship lines or coastwise trade gem
the Committee on th e^idiciary.
erally as this amendment provides.
Mr. GARDNER pcgS'ented a telegram, in the nature of a me
We deem it especially important for the great industries of New
England that, under proper restrictions, railroads should be allowed
morial, from sundry citizens of Portland, Me., remonstrating
to develop and maintain transportation by water.
This is of the against the establishment of a department of public health,
utmost importance in the transportation of the freight to and from New
England points and the South. W e believe that with the opening of the which was orde#d to lie on the table.
Panama Canal it is of greatest importance that there shall be ade
He also presented petitions of Mountain Grange, of Buckquate transportation facilities by water between New England and field; Mornhng Light Grange, of Monroe; and Evening Star
the Gulf cities.
Grange, o p in io n ; and o f local granges of Lincolnville, Otisfield,
Therefore we protest against the adoption of the Covington amend
ment to the Panama Canal bill as unnecessarily impeding the devel Portage^Edgecomb, Oxford, and Yarmouth, Patrons of Hus
opment of transportation by water and as thus retarding the develop b a n d ry and of sundry citizens of Goldenridge, Hope, Rockport,
ment of New England’s commerce with southern and Pacific ports,
and we urge New England Congressmen to do everything in their Martinsville, and Perry, all in the State of Maine, praying for
power to defeat the amendment.
theAdstablishment of a governmental system of postal express,
G eo. H. M c F adden & B ro.
which were referred to the Committee on Post Offices and Post
^Mr. GALLINGER presented a petition of Local Division No. Roaus.
335, Order of Railway Conductors, of Concord, N. H., praying 0' He also presented a memorial of sundry citizens of Dover and
for tlie passage of the so-called employers’ liability and worL^c Foxcroft, in the State of Maine, remonstrating against the es
men’s compensation bill, which was ordered to lie on the tahJffe tablishment of a department of public health, which was
Mr. OVERMAN presented a memorial of sundry citizengA'of ordered to lie on the table.
Salisbury, N. C.: remonstrating against the adoption of-Mlie
Mr. CULLOM. I present a large number o f memorials, nu
so-called Taylor system of shop management in navyAyards, merously signed by citizens of Chicago, Peoria, Elgin, Bloom
which was referred to the Committee on Education and Labor. ington, Aurora, Moline, Kirkwood, Oak Park, St. Charles, Rock
Mr. LODGE presented a memorial o f sundry cottjpi manu Island, Hinsdale, Springfield, Saybrook, and Champaign, in my
facturers of New England, remonstrating against t W adoption State, remonstrating against the passage of Senate bill No. i,
of the Covington amendment to the Panama Canu#bill, which known as the Owen medical bill. I ask that the memorials lie
was referred to the Committee on Interoceanic Canals.
on the table and that the body of one o f the memorials be
Mr. WETMORE presented a petition of members of the printed in the R ecord, omitting the signatures.
Butchers, Grocers, and Marketmen’s Associativa', of Providence,
There being no objection, the memorials were ordered to lie
It. I., praying for the removal of .the tax Mn oleomargarine, on the table, -and the body of one of the memorials was ordered
which was referred to the Committee on Agriculture and For to be printed in the R ecord, as follow s:
estry.
To the Congress of the United States of America,
Washington, D. C .:
Mr. NIXON presented a memorial of Ipbal Branch, National
W c, the undersigned citizens of the United States of America, State
League for Medical Freedom, of Reno, J^ev., and the memorial
do hereby vigorously and
protest against
of J. B. Giffen, of San Francisco, C
’of:, remonstrating against of Illinois, Senate bill No. 1, introducedemphatically O wen, providing the
passage of
by Senator
for
the establishment of a national buusRu o f health, which were the establishment of an independent bureau of health or other similar
medical legislation, for the. following reasons :
ordered to lie on the table.
First. We believe that the present Public Health and Marine-Hospital
Mr. FLETCHER presented a p o t io n o f the congregation of Service has all the power and authority necessary. There is no demand
the Methodist Episcopal Church 0 Miami, Fla., and a petition from the people for legislation of this character. Political physicians
to increase their
over the individual citizen.
of the Woman’s Christian Ter^erance tJnion o f Jacksonville, simply want e protest against powerextension of the health activities of
Second. W
any
Fla., praying for the enactmelpc of an interstate liquor law to the Government for the reason that it is unnecessary. The United
prevent the nullification of S p e liquor laws by outside dealers, States Public Health and Marine-Hospital Service combined with the
highly efficient service rendered by the State boards of health is able to
Which were referred to the jfommittee on the Judiciaryv
meet all demands.
Further legislation would be useless and would
He also presented a memorial of Local Division No. 19G, involve an endless expenditure of public moneys.
Third. It provides another agency to interfere with the rights of the
Order of Railway Conductors, of Jacksonville, Fla., and a memo
under
rial of Local Division No/458, Order of Railway Conductors, of individual citizen. The States health the Constitution are intrusted with
the conduct of their internal
affairs.
Lakeland, Fla., remonstrating against the passage of the soFourth. The proposed legislation would be an entering wedge for the
creation of an immense bureau or department whose influence would be
called employers’ liability and workmen’s compensation bill,
utilized by an interested organization, the American Medical Associa
which were ordered to.4ie on the table.
tion.
State medicine is as obnoxious to American citizens as State
Mr. CLAPP presented a petition of members of the Live Stock religion.
. Fifth. The bill creates three new subdivisions without containing pro
Exchange, of South /it. Paul, Minn., praying for the adoption of visions for their organization and powers. It provides for the dissemi
certain amendments to the oleomargarine law, which was re nation of theories at the expense of taxpayers.
Sixth. Once this bill is passed there is nothing to prevent- the con
ferred to the Cominittee on Agriculture and Forestry.
solidation of
health
of
Mr. STEPHENSON presented a memorial of members of the gress refused all create aactivities on the order yet the President. Con
to
national department,
under the Owen bill
Calumet C oun t/ Union, Wisconsin, remonstrating against a all agencies desired in the national department may be transferred on
reduction of tmi tax on oleomargarine, which was referred to presidential order.
the Committep on Agriculture and Forestry.
Mr. BRADLEY presented petitions of sundry citizens of
He also pyfsented a memorial of members of the Progressive Lexington,, Ky., praying for tlie enactment of an interstate
Eeague, of whippewa Falls, Wis., remonstrating against a reduc liquor law to prevent tlie nullification of State liquor laws by
tion of thiyduty on sugar, which was referred to the Committee outside dealers, which were referred to the Committee on the
on Finance.
Judiciary.
He al^o presented a petition of the State Federation of Labor
d e p a r t m e n t o f p u b l ic h e a l t h .
Wisconsin, praying for the enactment of legislation to pro
Mr. CULBERSON. Mr. President, as chairman of the Com
vide #fr an investigation into the transportation and sale of
coal, which was referred to the Committee on Interstate Com- mittee on Public Health and National Quarantine I have re
ceived a number of protests from people of the State of Okla
•hierefe.
He also presented a petition of members of the State Board of homa against the passage of what is known as the Owen public
Agriculture of Wisconsin, praying for the enactment of legisla health bill, with a special request that I present them to the
tion to provide for the encouragement of agriculture, horticul Senate. I do so, asking that the substance of the memorials be
ture, and industrial exhibits in the various States, which was printed in the R ecord, and not copying the names, of course,
but that a note of the signatures may be made.
referred to the Committee on Agriculture and Forestry.
The VICE PRESIDENT. AVithout objection, that procedure
He also presented memorials o f sundry citizens of Milwaukee,
Baraboo, West Allis, Fond du Lac, Oshkosh, and Ripon, all in will be had.
X L V III------3G0
5726
CONGRESSIONAL RECORD— SENATE
Mat 2,
made with any citizen in choosing his practitioner or in prac
The memorials presented by Mr. C ulberson are as follows:
From 84 citizens of Boley, 22 citizens of Oklahoma City, 5 ticing any method of healing.
The bill, in fact, does not enlarge the powers now existing
citizens of Yale, 58 citizens bf Chandler, 57 citizens of Okla
homa City, 40 citizens of South Coffeyville. 43 citizens of Boley, in the Bureau of Public Health and Marine-Hospital Service
15 citizens of Oklahoma City, 34 citizens of Norman. 28 citizens and “ Vital Statistics” and in the administration of the pure food
of Kiefer, 15 citizens of Oklahoma City, 12 citizens of Higley, and drugs act. These departments are merely brought together
30 citizens of Okmulgee, 32 citizens of Morrison, 40 citizens of in an independent bureau, so as to coordinate their activities
Oklahoma City, 112 citizens of Jennings, 23 citizens of Purcell, • and to make more economical and more efficient their adminis
43 citizens of Chelsea, 30 citizens of Enid, 14 citizens of Car tration.
The obvious mechanical and artificial character of these pro
men, 21 citizens of Cherokee, 14 citizens of Oklahoma Ci&b
28 citizens of Amber, 116 citizens of Lawton, 41 citizens#)! tests I call attention to. The protest which I have in my hand
Lindsay, 29 citizens of Oklahoma City, 67 citizens of Stillwyter. came from Boley, Okla., a little village which I know very
96 citizens of Lawton, 46 citizens of Bartlesville, 35 citiz^fis of well. This protest, like all the others, is based on gross error
Chickasha, 23 citizens of Lawton, 64 citizens of Oklahoma'City. and obvious misinformation.
The objection which I make is that this protest is based upon
41 citizens of Chickasha, 26 citizens of Enid, 13 cRpens of
Oklahoma City, 55 citizens of Poteau, 40 citzens of Oklahoma the theory that it would interfere with the liberty of the citizen
City, 22 citizens of El Reno, 14 citizens of OklahojqprCity, 24 and of the practitioner above referred to and upon the further
citizens of Bartlesville, 40 citizens of Ardmore, 7 jC’itizens of assertion that such a bureau or department would not only be
Oklahoma City, 43 citizens of Ardmore, 15 citizens, of Oklahoma expensive, which is not true, but that it could in nowise do
City, 11 citizens of Perry, 61 citizens of OklaJpmia City, 43 more effective work than the present bureau, which is also not
citizens of Wagoner, 13 citizens of Oklahoma 0 f y , 62 citizens true.
The statement that there is no public demand for such legis
of Chickasha, 32 citizens of Oklahoma City;f:2b citizens of
Wagoner, 43 citizens of Oklahoma City, 39 citizens of Chicka lation is also not true, because the public demand has been so
sha, 16 citizens of '^handler, 20 citizens of GJjpfensha. 37 citizens great that it represents practically the opinion of a very great
a
of Oklahoma City,'*12 citizens of Carmen, 39 citizens of Okla majority of the people of the United States, made obvious not
homa City, 52 citizens of Guthrie, 36 citizens of Oklahoma oidy by resolutions of societies devoted to the public health,
City, 28 citizens of Woodward, 11 citizens of Oklahoma City, by the action taken by the various great insurance companies of
27 citizens of Pawhui%!, 8 citizens ofAGklahoma City, 30 citi this, country who are concerned in prolonging the life of the
zens of Guthrie, 5 cirwens of Oklahoma City, 17 citizens of policy holders, and of the various societies devoted to the cure
Walter, 21 citizens of Oklahoma <
;|ty. 30 citizens of Tulsa, and prevention of illness throughout the United States, but it is
13 citizens of Oklahoma <3%y, 45 citijens of Wagoner, 23 citizens also made obvious by the declarations of the various great
of Oklahoma City, 46 citigfcns of S^Bwater. 8 citizens of Okla political parties, including the Republican Party in its national
homa City, 57 citizens of &lillwat§r, 52 citizens of Oklahoma platform and the Democratic Party in its national platform.
City, 61 citizens of Ames)‘ip2 plizens of Oklahoma City, 5
For many years the question of establishing an independent
citizens of Britton, 9 citizens. owOklahoma City, 9 citizens of public health service has been under vigorous and active discus
Claremore, 32 citizens of Oklai|^tfa City, 90 citizens of Chandler, sion throughout the United States. The matter was discussed
14 citizens of Oklahoma" City||| citizens of Britton, 4 citizens on the floor of the Senate during the last Congress, under Sen
of Oklahoma City, 21 citizeni£&£ Ardmore, 23 citizens of Okla ate bill 6049, on various occasions. Repeated hearings have
homa City, 44 citizens of Jgmtrauie, 13 citizens of Oklahoma been held by the Committee on Public Health and National
City, 35 citizens of Stroucjp?22 cmizens of Oklahoma City. 43 Quarantine of the Senate, and numerous bills have been intro
citizens of Quapaw, 41 citipus of Oklahoma City, 31 citizens of duced in Congress bearing upon this question which have been
Pond Creek, 31 eitizeqa^of Oklahoma City, 14 citizens of thoroughly considered in the committees of both Houses.
Pawnee, 48 citizens o f, <|jtlahoma Ca»\ 23 citizens of Orlando,
Great organizations have arisen throughout the United States
43 citizens of OklahorhgFCity, 26 citi|&s of Muskogee, 33 citi urging the improvement of the public health service. The Re
zens of Oklahoma Ci£y, 2 citizens onfPawnee, 20 citizens of publican platform of 1908 gives assurance to this element of
Oklahoma City, 28 cijfeens of Seminole, '49 citizens of Oklahoma the Nation in the following words:
City, 45 citizens of Jpfiawnee, 43 citizensfhf Oklahoma City, 49
We commend the efforts made to secure greater efficiency in national
citizens of Shawmggf45 citizens of OklaSihna City, 39 citizens public health agencies and favor such legislation as will effect its
purpose.
of Lawton, 44 c i t i e s of Oklahoma City, 18 citizens of Mangum,
37 citizens of Olc^homa City, 71 citizens orfSliami, 102 citizeus
The Republican platform of the State of Ohio declared ex
of Muskogee, 3§i citizens of Oklahoma City, 86 citizens of pressly in favor of—
Shawnee, 16 citpbns of Oklahoma City, 18 citizens of Fairview,
The organization of a ll’existing national health agencies into a single
89 citizens of Oklahoma City, 41 citizens of Fairfax, 33 citizens national public health department.
of Oklahoma <$ity, 53 citizens of Glencoe, 17 citizens of Okla
In Connecticut and other States similar declarations in party
homa City, 4$f‘citizens of Guthrie, 11 citizens of Oklahoma City, platforms have been made.
45 citizens qfWkithrie, 17 citizens of Oklahoma Cif$y 58 citizens
The Democratic national platform in 1908, in like manner,
of G uthriejl citizens of Oklahoma City, 44 citizens' of Guthrie. states:
7 citizensjBf Oklahoma City, 86 citizens of Idabel, 17 citizens
We advocate the organization of all existing national public health
of Oklahoma City, 131 citizens of Lawton, 58 citizens of Okla agencies into a national bureau of public health, with such power over
sanitary
homa Ciiy, 49 citizens of Enid, 44 citizens of Oklahoma City, labor, andconditions connected with factories, mines,intenements, child
such other conditions connected with and
the jurisdiction
1 citizen' of Edmond, 16 citizens of Oklahoma City, 59 citizens of the Federal Government, and which do not interfere with the power
of Daj&nport, 37 citizens of Oklahoma City, 25 citizens of of the States controlling public health agencies.
Davenfiort, 22 citizens of Oklahoma City, 37 citizens of Crush
The Committee of One Hundred of the American Association
ing, II) citizens of Oklahoma City, 40 citizens of Cushing, 36 for the Advancement of Science, consisting of the most dis
citizens of Oklahoma City, 37 citizens of Collinsville, and 20 tinguished philanthropists, editors, lawyers, churchmen, educa
citizens of Oklahoma City, all remonstrating against the passage tors in the United States, and the American Medical Associa
of the bill (S. 1) to establish a department of health, and for tion, with 80,000 members or associates of men learned in ques
other purposes.
tions of health, advocate the following national platform plank:
. M r . OWEN, Mr. President, I wish to put in the R e c o r d with
Believing a
.'regard to these alleged protests against Senate bill No. 1, estab asset and thatvigorous, healthy population to be our greatest national
the growth, power, and prosperity of the country de
lishing a public health service, my comment that the protest is pends primarily upon the physical welfare of its people and upon their
based upon the false theory that the health service of the protection from preventable pestilences of both foreign and domestic
disease and death, in
United States would be “ admittedly under the control of one origin and from all other preventable causes ofmines, tenements, child
cluding the sanitary supervision of factories,
school of medicine ” and “ ultimately abridge the right of the labor, and other places and conditions of public employment or occu
individual citizen to choose the practitioner of his choice in pation involving health and life, wo advocate the organization of all
existing national public health agencies into a national department of
times of illness.”
public health, with such powers and duties as will give the Federal
That suggestion is not true. The bill expressly provides the Government control over public health interests not conserved by and
contrary—that the health service shall have nothing to do with belonging to the States, respectively.
controlling the practice of medicine; that it shall not interfere
All tlie great insurance companies of the United States ap
with the right of the citizen to choose his own practitioner; that prove this plan, and many of them have started life conserva
it shall not interfere with the practitioner of any school of medi tion departments of their own.
cine or of healing to practice his profession. That matter being
President Roosevelt said, in regard to the legislation increas
confessedly in the control of the police powers of the State ing the power of the Federal Government in relation to the
need not to have been negatived by the bill itself, but out of public health :
abundant caution and for the reason that that contention had
I hope to seo the National Government stand abreast of the foremast
been made the bill does provide that no interference shall be State governments.
CONGRESSIONAL RECORD— SENATE.
’ resident Taft, in his speech at Albany, N. Y., March 19,
1910, argued in favor of the constitutional right to etsablish a
bureau of health, and lias recommended the establishment of an
independent health service.
Such men as Kon. It. S. Woodward, of the Carnegie Institu
tion ; Hon. Charles W. Eliot, ex-president o f Harvard Uni
versity; Col. W. C. Gorgas, chief sanitary officer of Panama;
and the leading health commissioners o f the various States
strongly approve the idea of the establishment of an independ
ent health service.
Human life could be prolonged an average to our entire popu
lation of 14 years in the United States if the people were
properly informed in self-preservation, as was demonstrated in
the report on national vitality.
The annual death loss in the United States is approximately
seven to the thousand in excess of what it should be under
improved conditions, making an unnecessary loss of life in
90,000,000 of people of approximately 630,000 men, women, and
children annually whose lives ought to be saved.
This loss, upon any reasonable basis, may easily be estimated
at the commercial value of two thousand millions of dollars
annually.
Nearly as great a loss is due to the loss of efficiency and the
loss of productive power of nearly 3,000,000 persons who are
sick on an average during the year and who must be cared for
during such preventable illness.
The pension roll, which costs the United States over
§160,000,000 annually, is three-fourths due to death and disease
which was preventable.
During the Spanish War in four camps— Chickamauga, Alger,
Meade, and Jacksonville—there were over 19,000 cases of
typhoid fever, with a loss of 1,460 of the finest young men in
America, nearly all of which was preventable.
The preventable deaths in the United States were caused by
polluted water, impure and adulterated foods and drugs, foul
air, bad ventilation, ignorance of the health laws, of hygiene,
of exercise, of foods, and o f self-care, and to epidemics and
various preventable diseases, such as tuberculosis, typhoid
and malarial fevers.
A splendid illustration of what can be done is shown in the
control of yellow fever in Cuba. In 1S96 yellow-fever deaths
in Ilabana, Cuba, amounted to 63J to the hundred thousand, but
after the American occupation and the great discovery of James
Carroll, Lazier, Walter Reed, and Agrimonte the death rates
fell—in 1900, to 124; 1901, to 6; in 1902, to 0 ; in 1903, to 0 ; in
1904, to 0.
Except for this discovery it would have been impossible for
the United States to have built the Panama Canal, and on the
Panama Canal the death rate, even in that tropical country,
is not much more than one-half what it is in the United States.
This bill provides that the health service shall not interfere
With ally of the functions belonging exclusively to the States,
nor permit anyone' to enter the premises of private persons
without the permission of the owner or occupant thereof, and
shall have no power to regulate the practice of medicine or the
practice of healing, or to interfere with the right of a citizen
to employ the practitioner of his choice, or to make any dis
crimination in favor of or against any school of medicine or of
healing.
The opposition which has been stirred up against the estab
lishment of an independent health service has proceeded upon
the assumption that the health service would have the right
under this hill to interfere with the citizen in employing the
practitioner of his own choice or to interfere with the States
in the regulation of the practice of medicine or the practice
of healing. The Constitution offers abundant protection against
these apprehended evils, and the bill permits nothing of the
sort. It forbids it.
^These protests do not represent the sentiment of the country.
The opinion of the people on this question is set forth in Sen
ate Document No. 637, Sixty-first Congress, second session,
which contains over 200 pages of abstracts from resolutions of
innumerable societies from the various States and from the
opinions of leading public men, such as Bryan, Roosevelt, Taft,
Cleveland, Gorgas, Wiley, and so forth.
The Senator from Washington [Mr. .To n e s ] put into the
R ecord some adverse telegrams, but the following telegram
shows that these telegrams do not express the sentiment of
tbe community:
5727
of the Owen bill. Your telegrams read in Senate recently do not ex
press the sentiment of the community.”
W e desire to thank you for
your attitude on this great question of public health.
R . W. P e r r y ,
P. V. V on P h u l ,
J . C. M o o r e ,
R. ,T. O ’ H e a ,
J. B. M a n n i n g ,
H.
E.
A
llen
.
Trustees King County Medical Society.
It can not be said truly that there is no sentiment for this
measure. Our country is the only one in the world that is so
far behind in the protection of the health of the country by a
proper health service.
I call the attention of the Senate to the fact that while the
disaster on the Titanic was a terrific destruction of life, the loss
by the Titanic of 1,700 persons which so shocked the world is
actually less than the daily unnecessary loss in the United
States of human life by preventable illness. Every day of the
year over 1,700 people die by preventable diseases in this
country, whose lives could be saved if we had an intelligent
administration and if we took more pains to instruct the
public in the well-known laws governing human life, which
ought to be made as public as the bulletins on the care of our
swine against disease.
The Rockefeller Sanitary Commission has been studying the
question of hookworm all over the world, and has caused to be
made a world-wide investigation into this disorder.
The treatment o f this disease is comparatively recent.
Nine hundred millions of the sixteen hundred millions of
people on the globe live in countries which are infected by this
disorder.
In certain States of the Union, or in certain localities in cer
tain States where a thorough survey has been made, the per
centage of children affected by this disease has come as high
as 90 per cent, covering the cases of rural children between the
ages of 6 and 18.
The number o f cases actually diagnosed by the commission
itself has been very large, and this work has been done through
the State boards of health, which have been taking great interest
in the matter.
The number of cases treated last year was over 142,000. It
is comparatively easy to cure it.
Within the last three months over 23,000 recorded cases have
been treated by the State organization in eight States.
I remind the Senate that when I suggested, two years ago, the
prevalence of this disorder in two particular States in the
Union— which I need not mention— a Senator from each of those
States undertook to deride and ridicule this statement on the
floor of the Senate.
The cooperation o f State authorities, local authorities, the
press, and all classes of citizens of the States affected has be
come admirable.
I suggest to the Senator from California that it would not
suffice to put a corps of Christian Science healers in the field to
deal with the hookworm, although I do not object to their
activities so long as the world has access to other methods of
healing.
Mr. President, I do not wish to have this matter passed by
without making a comment upon this character of alleged pro
test, because these so-called protests are based upon untruth,
and the citizens of the country are being misled by statements
which are not only false, but are instigated by the Patent Medi
cine Trust and the enemies of the pure food and drug laws, who
can easily excite those who are innocent of wrong purpose
to oppose this bill on the absurd theory of “ medical free
dom.”
I enter my protest against memorials based upon statements
and conclusions which are obviously untrue. The ordinary
citizen signing these petitions does not know that these state
ments and conclusions are untrue, and therefore may be easily
induced to sign the petitions. He has not the bill before him.
He has not had the opportunity of studying this measure. He
does not know the facts nor the great need for this measure.
I therefore think it proper to put upon the record at the time
of the delivery of these petitions my comment upon them.
Mr. President, I think that Senate bill No. 1, against which
these petitions are filed, is a matter of such grave national im
portance that it is the duty of the Members of the Senate to
examine that bill and to examine the testimony which has been
submitted in connection with it. It has been printed in the form
of Senate documents. They are available, and I hope the Senate
S e a t t l e , W a s h ., M ay 1, 1012.
will, before acting upon the matter, at least give it the patient
Hon. R o b e r t L . O w e n ,
and conscientious consideration which a measure of this great
United States Senate, Washington, D. C .:
The trustees of the King County Medical Society sent the following importance deserves.
telegram to Senator J ones : “ Beg to remind you of letter of Decem
I should like to ask that Senate bill No. 1 go over until the
ber 28, 1911, from K ing County Medical Society, representing o.'SO
Physicians practicing nonsectarian medicines, requesting your support first Monday in December.
CONGRESSIONAL RECORD— SENATE.
Mr. SMOOT. Mr. President, in making that request I would
not wish the Senator to think that by going over until December
there would be no movement on the part of certain members of
the committee to pass the bill I introduced and which I expected
at the time the Senator’s bill is to be discussed to offer as a sub
stitute for that measure. If this bill goes over until next De
cember, then I will ask the Senate to consider the bill I have
introduced and which I expected to offer as a substitute for the
Senator’s bill.
Mr. OtVEN. I should be quite content, Mr. President, to
make the Senate bill the unfinished business and take it up at
once.
Mr. SMOOT. That would be perfectly satisfactory; but, of
course, that could not be done.
Mr. OWEN. I ask unanimous consent that that be done.
Mr. SMOOT. That can not be done, because we have unfin
ished business at the present time.
Mr. OWEN. It may be made the unfinished business, subject
to the existing order. I make that motion, if that be the only
objection of the Senator from Utah.
Mr. SMOOT. I did not m a k e the metal schedule bill the un
finished business, nor did I ask that it be made the unfinished
business, but the Senator f r o m North Carolina [Mr. S i m m o n s ]
asked that it be made the unfinished business.
Mr. SIMMONS. I beg pardon of the Senator from Utah.
I was not listening to the first part of his statement.
Mr. SMOOT. The Senator from Oklahoma asked that Senate
bill No. 1, creating an independent bureau of health, be made
the unfinished business.
Mr. OWEN. Subject to the existing order.
Mr. SIMMONS. I do not see how that could be done.
Mr. SMOOT. I called the Senator’s attention to the fact
that there is already a bill which has been made the unfinished
business, and I did not see how that could be done.
Mr. HEYBURN. Mr. President-----The VICE PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from Idaho?
Mr. OWEN. I yield to the Senator from Idaho.
Mr. HEYBUHN. Senators are speaking of making this mat
ter or that the unfinished business as though it could be done
by the Senate. You can not make anything the unfinished busi
ness by motion or by unanimous consent. Unfinished business
is the result of the automatic action of the rules and procedure
in the Senate. If we were to attempt to make this bill the
unfinished business, any objection in December or at any other
time would destroy that attempted action.
Mr. SMOOT. Or destroy it now.
Mr. HEYBURN. There is no such thing possible under the
rule. Is there talk about the tariff bill having been made the
unfinished business on somebody’s motion? It was not done;
it can not be done.
Mr. SifOOT. It was not done on motion.
Mr. IIEYBURN. It can not be done on anybody’s motion at
any time.
Mr. SMOOT. It was the request of the Senator from North
Carolina the day before, and then through the procedure of
the Senate after the morning hour it was taken up, and it
necessarily became the unfinished business.
Mr. HEYBURN. It can not be done on request; it can not
be done by acquiescence.
Mr. OWEN. I withdraw my suggestion, Mr. President.
Mr. HEYBURN. With the Senator’s permission, inasmuch
as I interrupted him, I want to finish the statement, because
it should be better understood than it seems to be. No request,
no acquiescence, no unanimous consent can make any measure
the unfinished business. The unfinished business is a condition
that results from the status of a bill at a certain hour and time,
and it would result in the face of all of the objections and
could not be augmented by any motion.
Mr. SMOOT. That is true.
Mr. OWEN. Mr. President-----Mr. HEYBURN. We lose sight of that sometimes in talk
ing about agreeing to make something unfinished business. We
could not agree to that either by unanimous consent or by vote.
Mr. OWEN. I would be glad, Mr. President, to be permitted
to acquiesce for the present in the views of the Senator from
Idaho.
Mr. HEYBURN. Some one was proposing to move just in
the opposite direction, and I thought it well enough to point
it out.
The VICE PRESIDENT, The Senator from Oklahoma withdraws his second request. His first request is that further
action upon Senate bill No. 1 be postponed until the first Mon
day in December next.
Mr. SMOOT. Mr. President, I object to that.
The VICE PRESIDENT. Objection is made.
J *
Mat 2.
REPORTS OF CO M M ITTE ES.
Mr. SMITH of Arizona, from the Committee on Public Lands,
to which was referred the bill (S. 6245) to provide for an
690) thereon.
Mr. PAQE, from the Committee on Indian Affairs, to which
was referred the bill (S. 338) authorizing the sale of certain
lands in th<£ Colville Indian Reservation to the town of Okano
gan, State of Washington, for public park purposes, reported
it with amendments and submitted a report (No.* 691) thereon.
Mr. CURTIS, from the Committee on Pensions^to which were
referred the following bills, reported them esJh with amend
ments and submitted reports thereon:
J
II. R. 1S712. 'An act granting pensions and increase of pen
sions to certain soldiers and sailors of the Regular Army and
Navy, and certain soldiers and sailors of wars other than the
Civil War, and torwidows and dependent /elatives of such sol
diers and sailors (*Rept. No. 692) ; and /
II. R. 20586. An act granting pension/ and increase of pen
sions to certain soldiers and sailors of 4me Civil War and cer
tain widows and dependent children o f soldiers and sailors of
said war (Rept. No. §93).
i
Mr. CURTIS, frord the Committal on Pensions, to which
were referred sundry -Jbills granting/pensions and increase of
pensions, submitted alreport (N o / 694), accompanied by a
bill (S. 6646) granting, pensions and increase of pensions to
certain soldiers and sailors of fhe Civil War and certain
widows and dependent relatives of such soldiers and sailors,
which was read twice b^ its tit|e, the bill being a substitute
for the following Senate bills, heretofore referred to that com
mittee :
S. 44. William S. Brown.
S. 349. Albert D. Scovelll
f
S. 514. George W. Grahai^.
S. 712. Peter C. Johnson. I
S. 717. Susannah Sprague.*#
S. 1054. William F. Hoffman.
S. 1756. Richard Johnson (§lias Curry),
S. 1764. Samuel N. Black. %
S. 1921. John B. Farris.
*
S. 1922. Nelson Coffen. /
S. 1969. Himanus De Witt.
S. 2077. Sumner R. Tarbox.
S. 2141. Tillman Settles.
S. 2285. William Hobbs.
S. 2436. .Henry A. Dennis.
S. 2521. John Duebenhorst.
S. 2646. George Simpson.
S. 2650. Elise G. Irving.
S. 2879. Francis M. Dean.
S. 2938. Thomas M. Boylan.
S. 3081. Riley Small.
S. 3082. John Adkins.
S. 3093. Thomas B. Davis.
S. 3097. John O. Porter.
S. 3109. David Poffenbarger,
S. 3181. Joseph T. Reno.
S. 3185. Joseph D. Miller.
S. 3204. Job Snyder.
S. 3272. Alva M. Cunningham,
S. 3333. John F. Sowards.
S. 3418. Levi Page.
S. 3541. John H. Wood.
S. 3612. Gustus F. Johnson.
S. 3653. Silas Wilder.
S. 3654. John A. Doan.
S. 3808. Mary E. Lincoln Bradburn,
S. 3823. Joseph Harbaugh.
S. 3832. Bluford S. Jones.
S. 3853. Ursilla G. Underwood,
S. 3860. Taylor Vance.
S. 3861. Mary A. Heflin.
S. 3862. Elijah Cox.
S. 3863. Isaac R. Storm.
S. 3990. Miles J. Burns.
S. 4170. William Hill.
S. 4175. Laurentine V. Tarvin.
S. 4321. William R. Evans.
S. 4480. Barlow A. McCoy.
S. 4527. Falty Livers.
S. 4715. Sara A. Haskell.
S. 4736. David Curfman.
S. 4737. David Cleaver.
S. 4772. Olive A. Cordon,
S. 4908. Henry K. Brawner.
S. 5083. William L. Hines.
S. 5109. Mary A. Herrington.
S. 5130. Henry Grady.
S. 5195. Balaam Fox.
S. 5356. Ellis Miller.
S. 5454. Spear S. Zenor.
S. 5532. William Douglas.
S. 5567. Thomas S. Cogley
S. 5576. August Runge.
S. 5577. Louisa Balgenoth.
S. 5661. Jefferson Wykoff.
S. 5694. Robert F. C. Evans.
S. 5695. James D. Calaban.
S. 5698. Samuel J. Dyer.
S. 5701. Joseph D Taylor.
S. 5747. Collins Blake.
§ . 5782. Minnie D. Dobbins.
>
S. 5801. James D. Boyles.
S. 5803. John G. Thompson.
S. 6003. Reuben E Chapman.
S. 6013. James J. Gallaway.
S. 6014. James W. Jones.
S. 6018. William H. White.
S. 6050. Sarah I. Dunahey.
S. 6051. Charles Heller.
S. 6052. Jerusha Morgan.
S. 6053. James B. Bryant.
S. 6058. Francis M. Hoekinbery.
S. 6067. Francis E. Stratton.
S. 60S6. Jane Smith.
S. 6102. Francis McCabe.
S. 6112. Jacob M. Roberts.
S. 6114. Samuel E. Prather.
S. 6123. Ada P. Armstrong.
S. 615S. Joseph Nye.
S. 6181. Darwin A. Webb.
S. 6182. William W. Follansby.
S. 6186. Horatio N. Merritt.
S. 6190. Isaac N. Gerhart.
S. 6215. John S. Varney.
S. 6216. Patrick Conley.
S. 6237. Alfred C. Taft.
S. 6240. Elvira Mizee.
S. 6241. John A. Andrews.
S. 6243. Andsell H. Beam.
S. 6250. George F. Brown.
S. 6253. Miranda A. Ilishley.
S. 6254. John F. Miller.
S. 6255. John L. Taylor.
S. 0257. Ellis Gully.
S. 6258. Ellis T. Padget.
S'. 6264. Pleasant W. Lowe.
S. 6282. Charles Iv. Conard.
S. 6288. Joseph Walters.
S. 6331. William J. Percy.
S. 6334. Thomas Coats;
S. 6348. Byron F. Nutten.
S. 6349. John H. Kingsley,
S. 6356. Frealing Walker
S .6394. Alvord Peck.
S. 6397. William W. G
S. 6399. Solomon I
S. 6401. James W. Jftvrie.
S. 6407. Edwin J. 1 ^bridge.
S. 6418. James P. j ones.
8 .6419. George Br x>ve.
S. 6436. John I
S. 6438. Samue#E. Stainbrook.
S. 6442. I le n r /C . Miller.
S. 6415. HomiT McC. Summerville.
S. 6455. Wfoffleld S. Flint.
S. 6461. Benjamin F. Philbrick.
S. 6468. denry M. Bennett.
S. 6469. James W. Pendleton.
S. OlSL.'Ralph A. Thompson.
S.64S*; William H. H. Brown.
S. €5«s. John J. Mercer.
.
Mrj&MOOT, from the Committee on Public Lands, to which
wasjpfeferred the bill (S. 5952) to provide for an enlarged
homestead entry in Nevada where sufficient water suitable for
domestic purposes is not obtainable upon the lands, reported
it without amendment and submitted a report (No. 695) thereon.
/
S A V A N N A H RIVER D A M S .
Mr. NELSON. I am directed bv the Committee on Commerce,
to which was referred the bill (S. 5930) to extend the time for
completion o f dams across the Savannah River by aufjpfuity
granted to Twin City Power Co. by an act approved February
29, 1908, to report it favorably with an amendnigtit, and I
submit a report (No. 6S9) thereon. I call the attrition of the
senior Senator from Georgia to the report.
#
Mr. BACON. As this is a very short bill* and important
work is suspended on account of the lacked? this legislation,
I ask for its present consideration.
The VICE PRESIDENT. The bill will be read for the in
formation of the Senate.
The Secretary read the b ill; amlJfffTere being no objection,
the Senate, as in Committee of jdp Whole, proceeded to its
consideration.
The bill had been reported fjgfFi the Committee on Commerce
with an amendment, in sectiotif^, page 2, line 2, after the word
“ two,” to insert the following proviso:
Provided further, That aus|ffam built under authority of the said act
shall be constructed, maintained, and operated subject to and in all
respects in accordance w itjFthe provisions of the act approved .Tune 23,
1910, entitled “ An act loTimend an act entitled ‘An act to regulate the
Cross navigable waters,’ approved June 21,
construction of dams
11 be constructed except in conformity to plans
190G,” and no dam
ter approved by the Secretary of W ar and the
which may he hei
Chief of Engineer
So as to m a p the bill read:
Be it enacUm, ete., That the consent of Congress is hereby granted
for the extepigJon of the time allowed to the Twin City Power Co. to
construct dsphs across the Savannah River, authorized by an act of
February g p 1908, until three years from the date fixed in the original
act for itgseompletion, to wit, February 29, 1916 : Provided, That under
the aprapval of the Secretary of W ar upon plans and specifications to
he sugfm ted, the said corporation may at its option develop its contemp^fted water power by the construction of one dam in lieu of two :
Projgtflcd further, That any dam built under authority of the said act
be constructed, maintained, and operated subject to and in all
^ ects in accordance with the provisions of the act approved June 23,
BfO, entitled “ An act to amend an act entitled ‘An act to regulate the
onstruction of dams across navigable waters,’ approved June 21,
1906 ” ; and no dam shall be constructed except in conformity to plans
which may he hereafter approved by the Secretary of W ar and the Chief
of Engineers.
S ec . 2. That the right to amend, alter, or repeal this act is hereby ex
pressly reserved.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading,
read the third time, and passed.
B IL LS AN D JO IN T RESOLU TION INTRODUCED.
Bills and a joint resolution were introduced, read the first
time, and, by unanimous consent, the second time, and referred
as follow s:
By Mr. CULLOM:
A bill (S. 6647) for the relief of the estate o f Conrad Gehrke;
to the Committee on Claims.
A bill (S. 6648) granting a pension to R. J. Jamison; and
A bill (S. 6649) granting an increase of pension to William L.
Benson (with accompanying paper) ; to the Committee on
Pensions.
By Mr. STEPHENSON:
A bill (S. 6650) for a site and the erection of a public build
ing at Ripon, W is.; to the Committee on Public Buildings and
Grounds.
A bill (S. 6651) granting an increase of pension to William O.
Sutherland; to the Committee on Pensions.
By Mr. CUMMINS:
A bill (S. 6652) granting an increase of pension to William A.
Reeves (with accompanying papers) ;
A bill (S. 6653) granting an increase of pension to Joseph R.
Shannon (with accompanying paper) ; and
A b ilf (S. 6654) granting a pension to Halle W. Dale, alias
Thomas Booker (with accompanying papers) ; to the Commit
tee on Pensions.
By Mr. M cLEAN:
A bill (S. 6655) for the relief o f Lester A. Rockwell ^ to the
Committee on Military Affairs.
By Mr. O'GORMAN:
A bill (S. 6656) for the relief of the estates of Elias Jacobs
and Anna C. Brown; to the Committee on Claims.
A bill (S. 6657) granting a pension to Clara L. A. Read (with
accompanying paper) ; to the Committee on Pensions.
By Mr. THORNTON:
A bill (S. 6658) to provide for emergency crops on overflowed
lands in the south Mississippi Valley; to the Committee on
Agriculture and Forestry.
Mr. FALL introduced a bill (S. 6659) creating the Mescalero
National Park in New Mexico, and providing for the allotment
of certain lands in severalty to the Mescalero Apache Indians,
which was read twice by its tide and referred to the Committee
on Indian Affairs.
5730
CONGRESSIONAL RECORD— SENATE.
May 2,
By Mr. MARTINE of New Jersey (by request) r
Mr. IIEYBURN subsequently said: A moment ago I thought
A joint resolution (S. J. Res. 104) to provide for a more
I heard a bill for the creation of a national park referred to
the Committee on Indian Affairs. I might, however, have been efficient and economical prosecution of work in, and consolida
tion of, certain services under control of the Navy Department,
mistaken.
The VICE PRESIDENT.- The Senator from New Mexico, and for other purposes; to the Committee on Naval Affairs.
A M E N D M E N T S TO APPROPRIATIO N B I L L S ^
who introduced the bill, will explain its object.
Mr. FALL. The bill to which the Senator from Idaho refers
Mr. JONES submitted an amendment proposing to appro
provides for the creation of a national park on the Mescaiero priate $t>0,000 for a survey and system of roffils for the proper
Apache Indian Reservation in New Mexico, and for the allot development of the Mount Rainier National Park, etc., intended
ment of certain lands in severally to the Indians.
to be proposed by him to the sundry civil appropriation bill,
Mr. IIEYBURN. Such bills go to the Committee on Public which was referred to the Committee, on Public Lands and
Lands. This is to be made a park because these are do be ordered to die printed.
public lands.
Mr. McCUMBER submitted an amendment proposing to ap
Mr. FALL. I have no objection to the reference of the' bill to propriate $106,000 for the establishment of an agricultural
the Committee on Public Lands.
J
plant and experiment station at or near the city of Mandan,
The VICE PRESIDENT. The bill will be referred to the N. I)ak., etc., intended to be proposed by him to the agricul
Committee on Public Lands.
|f
tural appropriation bill (II. It. 1S960), which was ordered to lie
By Mr. MARTINS of New Jersey:
'j
on the table and to be printed.
A bill (S. 6660) granting an increase of pensiqp to James
OMNIBUS CLAIMS BILL.
V. D. Ten Eyck (with accompanying papers) ; to the Committee
Mr. SWANSON (for Mr. M a r t i n of Virginia) submitted an
on Pensions.
amendment intended to be pjfrposed by him to the bill (II. R.
By Mr. DAVIS:
4
A bill (S. 6661) granting an increase of pensiofirto Charles W. 19115) making appropriation for payment of certain claims in
Kerlee (with accompanying paper) ; to the Coapnittee on Pen accordance with the iin^ngft of the Court of Claims, reported
sions.
\
4
under the provisions of tte acts approved March 3, 18S3, and
By Mr. KERN :
March 3, 1887, and commohjy known as the Bowman and the
A bill (S. GGG2) granting an increase of pension to Mathew Tucker Acts, which was ..,ref<na'ed to the Committee on Claims
Isaacs (with accompanying papers) ; to the Committee on Pen and ordered to be printed.
\
sions.
Mr WATSON submitted an %iondment intended to be pro
By Mr. SMOOT:
posed by him to the bill (H. R l^JJ115) making appropriation
A bill (S. 6663) to amend an act entitled “An act to provide for payment of certain claims in accordance with the findings
for the adjudication and payment of claims arising from In of the" Court of Claims, reported uniter the provisions of the
dian depredations,” approved March 3, 3$91; to the Committee acts approved March 3, 1SS3, and March' 3, 1S87, and commonly
on Indian Affairs.
known as the Bowman and the Tucker'Acts, which was re
A bill (S. 6664) granting a pension |p Annie II. Ross (with ferred to the Committee on Claims and ordered to be printed.
accompanying paper) ; to the Committed on Pensions.
A N N A I. WOOD.
By Mr. GUGGENHEIM :
Mr. RAYNER submitted the following resolution (S. Res.
le of pension to Frank S.
A bill (S. 6665) granting an 'fjicre
303), which was read and referred to the Committed'to Audit
Biays (with accompanying paper) ; i id
A bill (S. 6666) granting an iE£ij|ise of pension to Harry II. and Control fi e Contingent Expenses of the Senate:
Resolved, JTiat the Secretary of the Senate be, and he hereby is,
Jones (with accompanying papers^ to the Committee on Pen
authorized and directed to pay to Anna I. Wood, widow of the late
sions.
M
Thomas Wgfed: laborer of the United States Senate, a sum equal to six
By Mr. PERKINS:
' "fary air-ine rate he was receiving by law at the time of his
; shin to he considered as including funeral expenses and all
A bill (S. 6667) granting an increase of pension to Susie C.
fences.
Heilner; to the Committee on pensions.
D EPARTM EN T OF H E A L T H .
By Mr. BURNHAM :
|
A bill (S. 6668) granting an increase of pension to Samuel
Mr. OWEN. I ask that 25,000 copies of Senate Report No.
II. Craig; and
$
619 on Senate bill No. 1 be printed.
A bill (S. 6669) grantingJftn increase of pension to Curtis
The VICE PRESIDENT. Without objection, the order re
Stimpson; to the Committees'll Pension^
quested by the Senator from Oklahoma will be entered.
By Mr. PAYNTER :
Mr. GALLINGER. Mr. President, I ask the Senator from
A bill (S. 6670) grantijp an increase of pension to James Oklahoma if there have not been a pretty liberal number of
G. A. Middleton (with accompanying papers) ; to the Commit copies of that bill already printed?
tee on Pensions.
jjr
Mr. OWEN. I do not know of any extra copies of the bill
By Mr. CHILTON:
#
being printed. I do not think any copies of the report have been
A bill (S. 6671) granjfng a pension to E<|gar E. Cummings; printed for distribution. The report is only seven pages and
to the Committee on Pqjisions.
would hardly cost a dollar a thousand.
By Mr. OVERMAN:#
Mr. GALLINGER. Is the order requested for the printing
A bill (S. 6672) tadiuthorize the president ".and directors of of the bill or of the report?
the Georgetown Gaslight Gq. to lay a gas main in and along
Mr. OWEN. It is for the report, which includes the bill as
the Conduit Road from a point beginning at tiie existing gas a part of the report.
main in the Foxhallj'and the Conduit Roads to th\District line;
Mr. GALLINGER. Has that bill been reported favorably
to the Committee on the District of Columbia.
L
to the Senate?
By Mr. CRANE#
^
Mr. OWEN. Yes, sir; it is a very short report, and, as I have
A bill (S. 6673)/granting an increase of pension'Io James O. said, I do not suppose it would cost a dollar a thousand to
Taylor (with accompanying papers) ; and
print it. A good many people are petitioning Congress under
A bill (S. 667^) granting an increase of pension to Catherine the impression that this is a bad bill, and I should like to have
J. O rr; to the Committee on Pensions.
the report printed so as to enable them to become informed
By Mr. PENROSE:
with regard to its contents and to learn that it is really a good
A bill (S. 6075) to grant an honorable discharge jo Philip bill.
Cook; to the Committee on Military Affairs.
Mr. GALLINGER. I have not had any calls with regard to
A biil (S. .6676) granting an increase of pension to Marion it as yet, and I wondered if we wanted 25,000 copies. We are
Franklin; and
dealing in thousands here very thoughtlessly, I think, in re
A bill (S. 6677) granting an increase of pension to Abraham gard to printing documents. Does not the Senator think that
Bowman (\Vith accompanying papers) ; to the Committee on 5,000 copies would answer.the purpose for the present?
Pensions. Mr. OWEN. I would be content with that number, although
By Mr. OLIVER:
I think there were a thousand names, more or less, sent in
A bill fS. 6678) authorizing the Secretary of War, under cer here this morning in communications regarding this matter on
tain conditions, to detail officers of the Corps of Engineers to petitions which are being artificially maufactured, and I thought
perforin the engineering work necessary for the construction of it would be well to send these petitioners the bill Itself.
a canal between Lake Erie and the Ohio River, and for other
Mr. GALLINGER. That, I should think, would be “ Love’s
purposes; to the Committee on Commerce.
labor lost,” probably.
The VICE PRESIDENT. Without objection, the order will
By .Mr. BRADLEY:
A bill (S. 6679) granting an increase of pension to Thomas be for printing 5,000 copies.
Mr. HITCHCOCK. I should like to make an inquiry. I
Maupin (with accompanying paper) ; to the Committee on Pen
sions.
think it is wise to have a considerable number of copies
1912.
CONGRESSIONAL RECORD— SENATE.
printed, but I should like to inquire whether the views of the
minority were filed at the same time?
Mr. OWEN. The minority submitted no views.
Mr. HITCHCOCK. As I understand, the report was not
unanimous.
Mr. OWEN. That is true, but there were no minority views
5731
Mr. WORKS. I have no objection if the Senate desires to
send it out as the views of the Senator from Oklahoma, but I
did not want it to go out as the declaration of the committee,
because I have been informed that it does not contain their
views on the subject at all.
Mr. SMOOT. I understand the Senator from Oklahoma
subm itted.
modifies his request so as to reduce the number to 5.000?
Mr. HITCHCOCK. There were not?
Mr. OWEN. I do if anybody objects to 25.000 copies; other
Mr. OWEN. No.
wise I would desire 25,000. I understand it would cost the
Mr. SMOOT. I wish to say to the Senator that while there Government about $25. If there is anyone who objects to it,
were no minority views filed, there were members of the com I shall refrain from making any such extravagant request. I
mittee who reserved the right to oppose the bill upon the floor do not want to impose upon the Government.
and to offer a substitute for it.
Mr. GALLINGER. I think 5.000 copies will be sufficient.
Mr. OWEN. Oh, y e s ; the Senator from Utah intends to move
I wish to ask the Senator from Oklahoma a question. The
a substitute for the bill, I believe.
Senator in debate has frequently said that the President had
Mr. WORKS. I should like to ask whether this is the last recommended a department of health. The President recom
report that was made upon the bill referred to when it came out mended a bureau of health. I suppose the report does not
of the committee?
contain a statement that he recommended a department of
Mr. OWEN. Yes, sir; it was the only report, so far as I health, because all he recommended in his message to Congress
know.
is a bureau; and if the statement is made in the report that
Mr. WORKS. It has been said, Mr. President, that there the President made that kind of recommendation I hope it will
were no views of the minority submitted. I should like to ask be stricken out.
the chairman of the committee out of which this report is sup
The VICE PRESIDENT. The Chair understands there is no
posed to have come whether it was issued with the knowledge objection to the request for the printing of 5,000 copies as a
of the chairman of the committee or whether it really expressed Senate document.
the views of a majority of the committee?
Mr. IIEYBURN. I should like to check up on this. I can
Mr. CULBERSON. Mr. President, in reply to the inquiry just dimly see the smiling countenance of the Senator from
of the Senator from California, I will say I was myself among Oklahoma. I understand the bill has gone over until December.
the number who reserved the right and privilege of opposing
The VICE PRESIDENT. The Senator is incorrect. Objec
this bill on the floor of the Senate. The bill was referred to its tion was made to that.
author to make the report. I did not see the report, and have
Mr. HEYBURN. I am incorrect. The bill remains on the
not yet read it. I did not concern myself particularly about it, calendar.
and I do not know whether the report was submitted to any
Mr. OWEN. It does.
other members of the committee or not. The Senator from
Mr. HEYBURN. The proposition is to send out extra copies
Oklahoma [Mr. O w e n ], to whom I have referred, can answer of the report for the purpose of creating public opinion. In
the question specifically.
that event I shall do what I may under the rules to have this
Mr. WORKS. I should like to have an answer to that ques measure taken up and voted down before the campaign. I
tion from some one who knows. It is my understanding that merely say that to the Senator.
this report is simply the views of the Senator from Oklahoma
Mr. ASHURST. Mr.
htm -1-' shall
alone, and was neither submitted to nor approved by any other voteDrpon this bill. I haveV niilnmff bf refegrahrs from citizens
member of the committee.
of Arizona requesting me to vote for the bill and a number
Mr. OWEN. The report is simply an abstract of the bill, asking me to vote against it. I have more than 60 requests for
with quotations from various authorities who have expressed copies of the committee report. I am certain, in view of the
themselves favorably to it. It contains no peculiar views of discussion that is going on through the public press with respect
the Senator from Oklahoma, but I understand does represent to this bill, that a great number of copies of the report will
substantially the views of the majority. He was authorized to be called fde>
I earnestly’liope no objection will be made to the publication
report the bill, and he reported it with a brief abstract of the
bill. The whole matter, including the bill, does not make seven o f a sufficient rf^mber of committee rei)orts.
The VICE PRrafeilDENT. No objection has been made, and
Pages. The hearings were very voluminous, going into hundreds
of pages, possibly several thousand—the hearings in the Senate the order stands emt&red for the publication of 5,000 copies.
Mr. SMOOT. I siwild like to correct the Senator from Ari
and in the House combined.
£he committee report.
Mr. SMOOT. The hearings were not upon this bill, how zona. The report is
Mr. ASHURST. I him| in my hand a printed report of what
ever, but upon the bill us originally introduced by the Senator
purports to be a report <mdhe committee. It is either a report
a coui>le of years ago.
Mr. OWEN. The hearings did proceed upon this bill and or it is not. If it is not a^ommittee report, it should not have
upon its predecessor in the previous Congress, bill 6039. But been promulgated as such,
Mr. SMOOT. It is not a report from the committee, but a
these bills are of like purport. There is no substantial funda
report prepared by the Senator from Oklahoma, and not an
mental difference between them.
Mr. SMOOT. I wish to say further that there were mem other member o f the com m itted subscribed to the report or
bers of the committee who voted to have the bill reported to knows what is in it.
Mr. OWEN. I do not wish to almyv that statement to stand.
the Senate, as the Senator from Texas [Mr. C u l b e r s o n 1 has
already said, who reserved the right, in agreeing to reporting The substantial fact is that the S^fetor from Oklahoma was
favorably the bill to the Senate, to object to it and to vote authorized by the committee to makemie report.
Mr. ASHURST. I assume that no S ta to r ever has or ever
against it on the floor of the Senate.
Mr. OWEN. I should like to ask the Senator from Utah will undertake to make a report for a \pmmittee without the
whether there is anything in this report to which he objects? authorization of the committee, and I ai«k>roceeding upon the
Mr. SMOOT. I have not objected to the report. I have not hypothesis that this report as prom ulgate and printed was
made with the concurrence and authoriza 1i \ o f the committee,
read the report.
Mr. OWEN. I do not think he could object to anything in and I shall so proceed until I am very sufficicmly advised other
the report, because there is nothing in it but the most formal wise.
Mr. SMOOT. I wish to say that a majority re th e committee
matter of well-ascertained fact.
I should like to ask the Senator from California if there rs voted that the Senator from Oklahoma should n^ke the report,
anything in the report to which he, as a Senator holding op and he made the report.
Mr. ASHURST. Then the report was madakunder the
posing views, objects?
Mr. WORKS. I have no objection whatever to it as coming authorization of the committee.
Mr. SMOOT. That is, they ordered him to make a%eport.
from the Senator from Oklahoma, but I was trying to ascer
Mr. ASHURST. Certainly.
%
tain whether it contained the views of the majority of the
Mr. SMOOT. That is what he did; but the commitfi*fc itself
committee or whether it was made by the Senator from Okla
homa without conference with other members of the committee has signed no report. You will find no name signed "Ik the
or without any submission of it to them. I was frying to get report.
Mr. ASHURST. I care not whether the members of
an answer to that question.
Mr. OWEN. Mr. President, I very frankly reply to the^ committee signed it or not. I f they authorized the report, \
"
\
Senator from California that, being authorized to make the is their report.
Mr. SMOOT. I understand.
report, I made it. The report as printed speaks for itself that
Mr. ASHURST. I am seeking facts, so I may know how to
the Senator from Oklahoma made the report. This he did un
vote.
der the usual practice of the Senate.
CONGRESSIONAL
5732
record—senate.
Mat 2
The S e c r e t a r y . A bill (S. 5382) to provide an exclusive
Mr. SMOOT. Reports come liere which are not unanimous
and which are not signed, but whenever a report is made by remedy and compensation for accidental injuries resulting in
the committee it is generally signed by those favorable to the disability or death to employees of common carriers by railroad
engaged in interstate or foreign commercexlr in the District of
report. There are no names signed to this report.
Columbia, and for other purposes.
Mr. CULBERSON. Mr. President-----The Senate, as in Committee of the Whole, resumed the con
The VICE PRESIDENT.' The Senator from Oklahoma has
the floor.
sideration of the bill.
air. SUTHERLAND. I ask that the bill be read for action
Mr. CULBERSON. I do not care to interrupt the Senator
on the committee amendments.
from Oklahoma.
air. CULBERSON. I will ask if a motion to recommit is
Mr. OWEN. I yield the floor.
The VICE PRESIDENT. The Senator from Texas will pro not in order under Rule X X II?
The VICE PRESIDENT. No such motion has yet been made,
ceed in his own right.
Mr. CULBERSON. Mr. President, I simply desire, as chair but, of course-----air. CULBERSON. TJt'e motion has been proposed.
man of the committee, to say that a majority of the committee
The VICE PRESIDENT. It has been printed, but the bill
ordered a favorable report upon the bill. As chairman of the
committee, and following the usual rule of designating some was not then before thh Senate,
air. CULBERSON/ That is in order before an amendment
member to make the report, I designated the Senator from
Oklahoma, the author of the bill, as the one to. make the report, under Rule XXII.
The VICE PRESIDENT. The Chair is in grave doubt
and he did so. Whether the report was submitted by him to
other members of the committee I do not know. Speaking for whether, under /h e unanimous-consent agreement, the motion
myself, I have not seen the report, except in its printed form, can be entertained.
air. CULBERSON. I was about to call attention to that.
and I have not read it. Of course I did not read it in manu
The VICE/PRESIDENT. The Chair will be glad to hear
script form.
With reference to the statement of the Senator from Utah, I the Senator,-from Texas.
air. SanafH of Georgia, air. President, I wish to put in some
will say to the Senator that the committee did not authorize the
Senator from Oklahoma to make the report, but as chairman of memorial!* as does the Senator from aiissouri [air. R e e d ] , and
the committee I followed the usual rule, and I designated him. the S e n io r from Texas kindly consents to yield for a moment.
The VICE PRESIDENT. The Chair assumes that can be
Mr. ASHIJRST. The report should be accepted as a true
report or the system abolished, because we are proceeding upon done, pthough it is very unusual to interrupt a unanimous-con
sent agreement to do anything of the kind.
the hypothesis that it is a report of a committee.
air! SMITH of Georgia. It is with reference to this bill.
Air. WORKS, air. President-----T&e VICE PRESIDENT. The Chair does not rule it can not
The VICE PRESIDENT. Does the Senator from Arizona
bejHone; but it is very unusual.
yield to the Senator from California?
j&Ir. SMITH of Georgia. A Senator can read them or they can
air. ASHIJRST. Very cheerfully.
air. aVORKS. I was not objecting to the report on the $e read by the Secretary during the course of his speech.
ground that it was not authorized, nor was I criticizing the J The VICE PRESIDENT. The Senator in that respect is coraction of the Senator from Texas, as chairman o f the com m it-f rect.
Mr. REED. Mr. President-----tee, in designating some one to make the report, but it seemedf
to me a rather singular thing that a member of a committee
The VICE PRESIDENT. The Chair understood the Senator
can incorporate in the report upon that authority data and ha- from Georgia wanted to have some telegrams read.
Mr. SMITH of Georgia. The Senator from Missouri will pre
formation and argument in support of the bill. I simply waited
it understood that, so far as this report constituted argument sent his first, as they are short ones, and then I will present
in favor, of the bill, it was the argument of the Senator/from mine.
Mr. REED. Mr. President, in presenting these telegrams I
Oklahoma alone.
f
The VICE PRESIDENT subsequently said: In order that desire to have the dates of each read in order that the Senate
there may be no misunderstanding about the matter presented may understand the change of sentiment.
by the Senator from Oklahoma, the Chair will state that the
The VICE PRESIDENT. Without objection, the Secretary
Chair understands it was for 5,000 additional copies of the will read the telegrams, including the dates.
report, not as a document, and, of course, they will go to the
The Secretary read as follow s:
document room.
/
Nevada, Mo., April S, 1912.
Hon. James A. R eed,
The order as agreed to was reduced to writing/as follows:
Ordered, That 5.000 additional copies of Senate Report No. 619, to
accompany the bill S. 1, Sixty-second Congress, /second session, he
printed for the use of the Senate document room, f
POST-OFFICE BU ILDING A T H URON
S. DAK.
Mr. CRAWFORD. I ask unanimous consent, on account of
the importance of time in the matter, that the Senate proceed
to the consideration of the bill (S. 6009^ to increase the limit
of cost of the United States fKist-office building at Huron, S. Dak.
I will simply state that the Supervising Architect reports that
it will require about $G,000 additional appropriation for the
post-office building in the town whore I live to enable them to
complete the surface walls in th e/am e material. The excava
tion is going on and it is important, that the matter receive
attention at once if it is to receivfc attention at all.
There being no objecion, thejsenate, as in Committee of the
Whole, proceeded to consider .tffie bill which had been reported
from the Committee on Publje Buildings and Grounds with an
amendment, in line 5, before/lie word “ thousand,” to strike out
“ thirty-five ” and insert “ sfe,” so as to make the bill read:
lie it enacted, etc., That tbfc limit of cost of the United States postoffice building at Huron, S. |)ak., be, and the same is hereby, increased
$6,000, or so much thereof/as may be necessary to finish the walls of
said building with the stojte specified in the existing contract.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, ai*d passed.
W O R K M E N ’ S / COM PENSATION
AND
EM PLO YERS’
L IA B IL IT Y .
The VICE PRESIDENT. Is there other morning business?
I f not, morning business is closed, and the Chair lays before
the Senate, in pursuance of its unanimous-consent order, a bill
the title of which will be stated.
United States Senator from Missouri, 'Washington D. G.:
Nevada Lodge, No. 365, Brotherhood of Railroad Trainmen, will ap
preciate your support and vote for Senate bill 5382.
J oe B. A kers,
Treasurer Nevada Lodge, No. 365.
Hon. James A. R eed,
St . L ouis, Mo., April 9, 1912.
Washington, D. G .:
The membership of Pacific Lodge 64, Brotherhood of Railroad Train
men, earnestly request your effort in behalf of workingmen compensa
tion and liability act, Senate bill 5382. Membership, 241.
J. F. Murray, Treasurer.
Hon. James A. R eed,
St . L ouis, Mo., April l l, 1912.
Washington, D. C .:
Kindly withdraw support of employees’ liability and compensation act
as outlined in your Postal telegraph of April 9. Not understood prop
erly. W e do not favor any such measure as you set forth. Thanks for
your information and appreciate same very much.
W. L. R odgers,
Secretary, 64, 3113 Rutger Street.
L. H in e s ,
Treasurer, 6$, 2028 Rutger Street.
J no. Murray Tarkland,
Kirkicood, Mo.
E ldon, Mo., April 20, 1912.
Senator James A. R eed,
Washington, D. G .:
Your letter regarding bill 5382 was read to-day at Division 611,
Brotherhood Locomotive Engineers, and we request that more time be
given for consideration on this bill. We wish to commend you highly
for the interest shown in this important matter.
J. J. Murphy,
Secretary-Treasurer.
Hon. J ames A. R eed,
B rookfield, Mo., April 28, 1912.
United States Senator, Washington, D. C.
My Dear S ir : Your digest of the employers’ liability bill received,
and we greatly appreciate your effort to put the bill before us in its
1912
CONGRESSIONAL RECORD— SENATE
That court solemnly held that a statute declaring it to be lawful
foremen to meet and by peaceable means endeavor to induce
others to quit work was in contravention of the constitution of
the State of New Jersey.
Mr. MARTINE of New Jersey. Will the Senator permit me
one word just there?
Mr. REED. I f the Senator will let me conclude this thought
I will yield.
I call the attention of the Senate and of the Senator to the
further fact that it is not at all remarkable that any kind of
law that would give any kind of relief or compensation should
have been welcomed by the working classes of New Jersey, in
view of the fact that, contrary to the history of most other
States, all or substantially all of the old common-law defenses
have been preserved in New Jersey until this very recent legis
lation. So that until this very recent legislation every engineer
or fireman or conductor who suffered the loss o f a hand or a
foot was met with the defense of contributory negligence; he
was met with the defense of assumption of risk; he was met
with the defense that the accident had occurred through the act
of a fellow servant—with the most rigid application of that doc
trine. So that these people had come to understand that they
practically had no rights except where they could show the
clearest and most absolute case at common law. Therefore
People thus situated, thus hampered, would naturally welcome
any law that would give them compensation upon any terms;
but I call the Senator’s attention— and I do it most respectfully,
for he knows how thoroughly I respect him—to the fact that,
under the Federal laws now applicable every man affected by
this bill has the right to recover compensation unless his own
negligence was the sole cause, or unless the injury occurred
without the negligence o f any person whatsoever. I say, there
fore, no matter what the Senator’ s opinion may be, that the
law of New Jersey is an unjust law, because it says, “ Here is a
compensation act ; now, if you will come in and agree to accept
its terms, Mr. Employee, then, if your employer also accepts,
you may obtain a very meager compensation. But if you dare
to refuse acceptance then you can be met with all the old comnion-law defenses o f fellow servant, assumption of risk, and
contributory negligence, and thus can be stricken down. It was
a legislative device—I do not care who concocted it—to compel
people to accept compensation in lieu of their legal and consti
tutional rights, and no wonder these claim agents gleefully re
fer to it as being compulsory in fact while it is voluntary in
form.
Mr. MARTINE of New Jersey. Mr. President, if the .Senator
will permit me, I am not here to defend the claim agents, but I
am here in defense of the New Jersey statute upon this particu
lar subject. That statute in its workings has proved eminently
satisfactory and has met with almost universal approval.
Now, with reference to that particular-----Mr. REED. If I may ask the Senator a question, how long
bas that statute been in force?
Mr. MARTINE of New Jersey. About a year and a half.
Mr. REED. To whom does it apply?
Mr. MARTINE of New Jersey. It applies to workingmen in
many industrial pursuits.
Mr. REED. To laboring men?
Mr. MARTINE of New Jersey. Yes.
Mr. REED. Then, it is not like this bill.
Mr. MARTINE of New Jersey. No; but the same results
Would follow.
Mr. REED. Oh, no.
Mr. MARTINE of New Jersey. I think that is probably so.
We are willing to admit the fact, as the Senator from Missouri
bas suggested, that for 40 or 50 years we have been under a
cloud, under a ban. I am willing to admit that. God knows
there has been no State of this Union that has been dominated
over more and persecuted more by corporate greed and influence
than has been New Jersey; but, thank God, we live in a
brighter day; there is a new dawn; we have a Democratic gov
ernor who has brought about this great result, and my hope and
ambition is that we may press his policies further along until
the whole United States may be blessed with his force and his
Advanced ideas.
Mr. REED. I am willing to admit of record—and I do it
gladly—that Woodrow Wilson is a vast improvement over any
thing you have had in public office in New Jersey for many
years; and I am also willing solemnly to admit of»record that
my good friend, the Senator from New Jersey [ M r . M a r t i n e ] ,
is a vast improvement over some of the ether men who have
filled that office from the State of New Jersey. I do not refer
to the personality of any of these men; I am not comparing
them as individuals, but in the fact that human beings are now
5747
represented instead of the inordinate greed of gigantic aggrega
tions of wealth. I congratulate the State of New Jersey upon
the change, and I trust they will continue to progress along this
glorious, sunlit highway until they reach the plane where old
Missouri and other good progressive States have been for the
last 40 years.
Now, Mr. President, I want to discuss this bill, and I will
conclude what I have to say with a word further in reply to
the Senator from Utah. He has compared this bill with the
laws of European countries; he compared it with the German
law. Constantly we are hearing that comparison. Let me call
the attention of the Senate to the fact, as I understand it—I
may be in error and, if so, the Senator from Utah will correct
me—that in Germany there was substantially no right of action
on the part of the employee when he was injured unless, pos
sibly, when he was injured by the direct act of the master, and
I am not sure that it existed then. For all practical purposes
it was nil, and therefore the idea of compensation was taken
up not for the purpose of substituting it for liability which ex
isted, as we are doing here, but for the purpose of creating a
sort of pension for the unfortunate, and it has proceeded upon
that line in Germany and upon that line alone. It is a very
different proposition therefore from taking away from men
those rights reserved to them under the Constitution, under the
statutes, and under the common law, and giving them a sub
stitute therefor which is inadequate.
I understand further that what is true of Germany is true of
other continental countries, and that what the gentlemen have
been doing is to try to draw a law for American citizens, who
possess legal and constitutional rights, and to base it upon tiie
experience of the proletariat of Europe, who had no rights. It
is a very different proposition.
When, however, we come to England, the one country which
most nearly approaches ours, we find that the rights of the
Englishman at common law were preserved to him, and that
those rights at common law had been extended by the act of
Parliament, and that that act of Parliament had been further
extended until in England the right of recovery had become a
very broad and generous right; that when they came to adopt
the compensation act in England they did not wipe out the legal
rights o f the English citizen. They allowed those rights to
stand and gave him the option to accept this law or to proceed
under his legal rights; and one of these claim agents, to wit,
Mr. Whiting, after having discussed the English act before Jus
board of claim agents, advocated a departure from that great
fundamental principle retained in the English act, to wit, the
right of every man to hold his legal rights and to have this
additional remedy or alternative remedy. Mr. Whiting advo
cated that we abandon that, and we do abandon it in this bill.
Now, sir, I have this to say: I have no objection whatever
to the enactment of this bill, even with all its bad provisions,
and I think many of them wholly bad, if you will make it a
right which may be exercised by the men, reserving to them
the rights they already have at law. But when you propose
to strike down the rights o f the American citizen as they have
been crystallized and sanctified in the common law for hundreds
of years; when you propose to strike down all the rights guaran
teed to him by the statutes of, all the various States of this
Union, and finally wipe out what was done by the act of Con
gress; when you propose to destroy those rights and substitute
this bill with all of its shortcomings and its iniquities, I say
you are doing a grave and dangerous thing.
Mr. SUTHERLAND. Mr. President-----Tim. PRESIDING OFFICER, Does the Senator from Mis
souri yield to the Senator from Utah?
Mr. REED. Oh, yes.
Mr. SUTHERLAND. The Senator a moment ago spoke about
the German law and said that, in his opinion, it did not, as I
understood him, allow a recovery for negligence—that it practi
cally prevented any recovery at all.
Mr. REED. My understanding has been—I want to be frank
about it. and if I am in error I want to be corrected—that for
all practical purpose the employee in Germany was without
remedy.
Mr. SUTHERLAND. The Senator is in error about that.
As early as 1S3S the German law provided that, in the case of
railroads, they should be liable for all accidents, irrespective
of their negligence, unless the railroad company could prove
that the accident was caused by the fault o f the injured person
or by act of God, the risks inherent in the industry itself not
being so designated.
Mr. REED. That is a statutory law. Am I not correct in
the statement that, ontside of the statutory law, they did not
have any right o f recovery?
CONGRESSIONAL RECORD— SENATE
5748
Mr. SUTHERLAND. But this statutory law was passed in
1S38.
Mr. REEp. I understood the Senator.
Mr. SUTHERLAND. The compensation law was not passed
until about 25 years ago.
Mr. REED. And it applies to all?
Mr. SUTHERLAND. It applies to all.
Mr. REED. The other applied only to railroad men.
Mr. SUTHERLAND. That is true with reference to that la w ;
but with reference to other industries, some time prior to the
compensation law being adopted the master was responsible for
his own negligence, but it left proof of negligence to be made by
the employee. But, substantially, the English law, so far as
that was concerned, prevailed in Germany.
Mr. REED. The fact remains, as I understand, that the ordi
nary employee had no remedy, except wheie it was the direct
negligence of the master, but that in the case of railroad em
ployees they did have a remedy and the compensation law of
Germany is not limited to railway employees, but embraces all
classes of employees.
Mr. SUTHERLAND. There was a more liberal- remedy in
the case of railroads, but in the ordinary industries substan
tially the common law of England prevailed in Germany. Of
course it was not the common law there.
Mr. REED. I do not know what the Senator’s authority is,
but in going through some of the hearings I have found state
ments to the contrary, that it was really an act which for the
first time conferred rights upon those people. But, even if that
is not true, it is of small moment in this discussion. The main
fact to be considered here, regardless of where this bill origi
nated, regardless of whether it suits the railroads or does not
suit them, is what will be its effect upon the railway employees
and upon the railroads, is it a just and proper measure to be
enacted into law.
Mr. President, I want to discuss this question at length.
Mr. OVERMAN. Mr. President-----The PRESIDING OFFICER (Mr. G a l l i n g e r in the chair).
Does the Senator from Missouri yield to the Senator from
North Carolina?
Mr. REED. Certainly.
Mr. OVERMAN. I offer an amendment to the pending bill,
which I desire to have printed by to-morrow.
The PRESIDING OFFICER. The amendment will be
printed and lie on the table.
Mr. SMITH of Georgia. Mr. President, the Senator from
Missouri [Mr. R e e d ] has been on his feet two hours, and I
move that the Senate take a recess until 2 o’clock to-morrow.
Mr. SUTHERLAND. I hope that will not be done. The
Senator from Missouri we all recognize has been on his feet
a long time and is no doubt weary, but we can proceed with the
reading of the bill and dispose of the committee amendments.
Mr. SMITH of Georgia. Is a motion to take a recess de
batable? Does the same rule apply to a motion to take a
recess ?
Mr. SUTHERLAND. I hope the motion will not prevail. It
is yet early.
The PRESIDING OFFICER. The Senator from Georgia
moves that the Senate take a recess until 2 o’clock to-morrow.
Mr. CHAMBERLAIN. Mr. President, I suggest the absence
of a quorum.
The PRESIDING OFFICER. The Senator from Oregon sug
gests the absence of a quorum. The Secretary will call the
roll.
The Secretary called the roll, and the following Senators
a n s w e r e d t o t h e i r names :
Ashurst
Bacon
Borah
Bourne
Bradley
Bryan
Burnham
Catron
Chamberlain
Chilton
Clapp
Clarke, Ark.
Crawford
Culberson
Cummins
Curtis
Davis
Fall
Gallinger
Gore
Guggenheim
Hitchcock
Johnson, Me.
Johnston, Ala.
Jones
Kern
Lea
Lodge
McCumber
McLean
Martine, N. J.
Myers
Nelson
Newlands
Nixon
Overman
Page
Paynter
Poindexter
Reed
Richardson
Root
Sanders
Shively
Smith, Arte.
Smith, Ga.
Smith, S. C.
Stephenson
Sutherland
Swanson
Tillman
Warren
Wetmore
Williams
Mat 2
o’clock to-morrow. [Putting the question.] The “ noes” ap
pear to have it.
Mr. SMITH of Georgia. I will change the hour to 12 o’clock.
That was what I rose for.
The PRESIDING OFFICER. The Senator from Georgia
moves that the Senate take a recess until 12 o’clock to-morrow.
[Putting the question.] The “ noes” appear to have it.
Mr. OVERMAN. I ask for the yeas and nays.
\ The yeas and nays were ordered and the Secretary pro_
c^eded to call the roll.
M r ^LYKRS (when his name was called). I,am paired f0r
the day wTlTr the 'Senator from Pennsylvania [ S i r . O l i v e r ] , who
is absent on a matter o f importance. If he were present he
would vote “ nay,” while I would vote “ yea.”
The roll call was concluded.
Mr. BURNHAM. I have a general pair with the junior Sen
ator from Maryland [Mr. S m i t h ] . Has that Senator voted?
The PRESIDING OFFICER. He has not voted, the Chair
is informed.
Mr. BURNHAM (after having voted in the negative), j
transfer the pair to the junior Senator from Illinois [Mr.
L o r i m e r ] and will let my vote stand.
Mr. BRANDEGEE. I am paired with the junior Senator
from New York [Mr. O’Gorman] and therefore withhold my
vote.
Mr. HEYBURN (after having voted in the negative). I am
paired with the senior Senator from Alabama [Mr. B a n k h e a d ] ,
I am informed by those who are willing to speak for him that
were he present lie would vote “ nay.” I have therefore dis
regarded the pair and voted “ nay.”
Mr. CURTIS. The senior Senator from Ohio [Mr. B u r t o n ]
is paired with the Senator from Florida [Mr. F l e t c h e r ] ,
Mr. FOSTER. May I inquire i f the junior Senator from
Wyoming [Mr. W a r r e n ] has voted?
The PRESIDING OFFICER. The Chair is informed he has
not voted.
Mr. FOSTER. I have a general pair with him, and therefore
withhold my vote.
Mr. CHILTON. I desire to announce that my colleague
[Mr. W a t s o n 1 is paired with the Senator from New Jersey
[Mr. B r i g g s ] .
Mr. MYERS. I transfer the pair I have just announced
with the Senator from Pennsylvania [Mr. O l i v e r ] to the Sen
ator from Maine [Mr. G a r d n e r ] and will vote. I vote “ yea.”
Mr. BRANDEGEE. I transfer my pair with the junior Sena
tor from New York [Mr. O ’ G o r m a n ] to the junior Senator from
Iowa [Mr. K e n y o n ] and will vote. I vote “ nay.”
The result was announced—yeas 25, nays 44, as follow s:
Ashurst
Bacon
Bryan
Clarke, Ark.
Culberson
Davis
Gore
Y E A S — 25.
Hitchcock
Overman
Johnston, Ala.
Paynter
Kern
Pomerene
Lea
Reed
Martine, N. J.
Shively
Myers
Simmons
Newlands
Smith, Ariz.
Borah
Bourne
Bradley
Brandegee
Bristow
Brown
Burnham
Catron
Chamberlain
Chilton
Clapp
Crane
Crawford
Cummins
Curtis
Dillingham
du Pont
Fall
Gallinger
Guggenheim
Heyburn
Johnson, Me.
Bailey
Bankhead
Briggs
Burton
Clark. Wyo.
Cullom
Dixbh
NOT VO TIN G — 26.
Lorimer
Fletcher
Martin, Va.
Foster
O’Gorman
Gamble
Oliver
Gardner
Owen
Gronnd'
Rayner
Kenyon
La Follette
Smith. Md.
N AYS— 44.
Jones
Lippitt
Lodge
McCumber
McLean
Nelson
Nixon
Page
Penrose
Percy
Perkins
Smith, Ga.
Smith, S. C.
Thornton
Tillman
Poindexter
Richardson
Root
Sanders
Smoot
Stephenson
Sutherland
Swanson
Townsend
Wetmore
W illiam s
Smith, Mich.
Stone
Warren
Watson
Works
So the motion of Mr. S m i t h of Georgia was rejected, .
Mr, SUTHERLAND. I know the Senator fryim Missouri is
weary, and to relieve him I will ask that the bill be read for
action on the committee amendments.
Mr. REED. Mr. President, I prefer to go on with my re
Mr. BRYAN. My c o l l e a g u e [Mr. F l e t c h e r ] i s a b s e n t o n marks if the Senate insists upon staying here. I want to say to
b u s in e s s o f th e S e n a te .
the Senator from Utah, and to all the Senators, that this is no
Mr. WILLIAMS. I w i s h t o s t a t e t h a t m y c o l l e a g u e [Mr. filibuster, tjiis is no attempt merely to consume the time of
P e r c y ] is d e ta in e d o n c o m m itte e w o r k .
the Senate for the purpose of killing the bill. I had some re
The PRESIDING OFFICER. Fifty-four Senators have an marks to make about it which I probably would have concluded
swered to their names. A quorum of the Senate is present. by this time had I not been interrupted when the Senator from
The question is on agreeing to the motion of the Senator from Georgia asked that we take a recess at the usual hour until
Georgia [Mr. S m i t h ] , that the Senate take a recess until 2 to-morrow, which was only a proper courtesy under the cir-
1912
CONGRESSIONAL RECORD— SENATE
understood my colleague to say the subcommittee had hear
ings. Did anybody come before the subcommittee except these
four heads of the executive committees?
Mr. OVERMAN. One was there from Georgia, a gentleman
by the name of Teat, I think his name is, who said he had come
to appear; the prohibition had been taken off by his order. I
asked him if any other organization forbade its men to protest
against this legislation, that I had been told on the outside
they were not allowed to come. He declined to answer my
question.
Mr. SIMMONS. As a matter of fact, the subcommittee heard
only the statements of these four men?
Mr. OVERMAN. These four men and Mr. Carter, who re
signed, who would not have anything to do with it. He was
neutral on the subject, and therefore opposed to it. He took
opportunity to protest, as did a man by the name of Teat, from
Georgia. Judge B a r t l e t t , another Congressman, and a man by
the name o f Lewis addressed the committee; Mr. Lee and Mr.
Garretson and Mr. Wills made practically the same statement
as before the general committee, so far as the men, who could
not hear, had heard. They did not come in, but stayed on the
outside.
Mr. REED. Does it require a prophet or the son of a prophet
to know what happened? These men came here to protest, and
am I wrong in assuming that the executive heads warned them
to keep out of that room upon the peril of the enforcement of
these rules?
But again I say that it is an appalling thing that any four
organizations, composed o f 1,650,000 American citizens, found
that their own men were being corrupted by the railroads to
such an extent that they had to adopt a rule of this kind to
protect themselves against that infamous practice. If the
railroads had been doing that to prevent legislation desired by
these men for their real benefit, I challenge your attention to
the fact that now there is not even a railroad attorney here to
protest against this bill. The answer is the bill suits the rail
roads to an exact nicety. If the railroads in the past have been
so vigilant and unscrupulous that they have not hesitated to
bribe their employees to come here and oppose legislation cal
culated to confer benefits upon their fellow workmen, why are
these same railroads not here now protesting? Why are they
acquiescing by silence? Nay, why do they through their presi
dents and claim agents actively cooperate in the passage of the
bill? There is but one answer, this bill will benefit the railway
companies. This is a railroad bill.
We are forced to conclude that this measure suits the rail
roads ; it suited the railroad president who sat upon the com
mission ; it suited the claim agent of the railroad who advised
the commission. It suits them now, and why should it not?
It takes these men out of the State courts, where before they
have had some measure of protection. It puts them under the
control exclusively of the Federal courts, that have always been
the city of refuge toward which every railway attorney turned
his longing eyes when he had to defend a suit brought by a poor
fellow whose arms or legs had been crushed or mangled through
the company’s negligence.
Where are your railroad officials now with their protests?
Where now their bribe money? Where now their claim agents?
Where now their lobby? They are sitting complacently back,
content that this bill shall become a law. Why should they
not be content? It will save them millions of dollars, and it
will put them under the control and protection of the Federal
courts where they have always longed to go, and to escape
which the railroad employees for years have fought and strug
gled and contended until at last they put upon the statute books
a law which permitted them to file their suits in the State
court and to stay there. That law is not yet two years old.
In fact, as is suggested to me by the Senator from Georgia, it is
practically only three months old, because it is only three
months since it was finally approved by the United States Su
preme Court.
But, Mr. President, I have been interrupted and led somewhat
afield from the theme I started to discuss. I was about to
furnish some additional evidence of the fact that the employees
have had no opportunity to protest. I read the rule of the
Brotherhood of Locomotive Firemen and Enginemen. Adopted
for whatever purpose it was, it is, nevertheless, now the cord
about the throats of these men that chokes them into silence.
Now, there was some of this evidence given before the commit
tee, and I am going to read first the statement of Mr. Lee. I
want to have the attention of the Senator from New Jersey [Mr.
Martine]. I would rather have his attention than that of
anybody else.
5801
Mr. MARTINE of New Jersey. The Senator from Missouri
is very flattering.
Mr. REED. I am only just.
Mr. MARTINE of New Jersey. You are all right, generally.
Mr. REED. I am all right this time, and the only time jrou
make mistakes is when you differ with me.
Mr. MARTINE of New Jersey. We will not dispute or de
bate that.
Mr. REED. And we are going to get together 5-et.
Mr. MARTINE of New Jersey. Certainly.
Mr. REED. Here is a copy of the hearings before the Com
mittee on the Judiciary on this bill, March 15 to March 26.
I read from page 73. I am reading from the statement of that
Mr. Lee who was yesterday appealed to by the Senator who is
sponsor for this bill, and who had read a tirade of Mr. Lewis,
denouncing as an ambulance chaser a man who in fact is the
chief justice of North Carolina. 1 take it that Mr. Lee is
a biased, prejudiced witness, as shown by that statement of
his, and his bias and prejudice are in favor of this bill and all
that it contains.
Mr. SMITH of Georgia. Mr. President-----The PRESIDING OFFICER. Does the Senator from Mis
souri yield to the Senator from Georgia?
Mr. REED. Certainly.
Mr. SMITH of Georgia. There are so few in the Senate that
I think it proper to suggest that there is no quorum.
The PRESIDING OFFICER. The Secretary will call the roll.
The Secretary called the roll, and the following Senators
answered to their names:
Ashurst
Bacon
Bourne
Bristow
Brown
Bryan
Burnham
Burton
Chilton
Clapp
Clark, Wyo.
Crawford
Culberson
Cullom
Curtis
Davis
Fall
Foster
Gallinger
Gardner
Gronna
Guggenheim
Johnson, Me.
Johnston, Ala.
Jones
Kern
Lea
I,edge
McCumher
McLean
Martine, N.
Myers
Nelson
Nixon
Overman
Page
Pay nter
Pen rose
Perkins
Rayner
Reed
Richardson
J.
Root
Simmons
Smith, Ariz.
Smith, Ga.
Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Thornton
Warren
Wetmore
W orks
Mr. SWANSON. I desire to announce that my colleague [Mr,
is detained from the Senate on account of illness in
his family. I will let this announcement stand for the day.
Mr. JONES. I desire to state that my colleague [Mr. P o i n
d e x t e r ] is unavoidably detained from the Senate.
Mr. CRAWFORD. I desire to state that my colleague [Mr.
G a m b l e ] is necessarily absent and that he has a general pair
with the senior Senator from Oklahoma [Mr. O w e n ] . I make
this announcement for the day.
The PRESIDING OFFICER. Fifty-three Senators have an
swered to their names. A quorum o f the Senate is present.
The Senator from Missouri will proceed.
Mr. REED. Mr. President, I stated that I would read what
Mr. Lee said, because he is an adverse and prejudiced witness.
He is prejudiced in favor of this bill, and so prejudiced against
everyone who dares lift his voice against it that he is willing to
denounce a great judge of a great court as an ambulance chaser
simply because he dares call attention in a dignified and logical
statement to the bill’s manifold defects and injustices. So I
read what Mr. Lee said in regard to these coercive measures.
Mr. N o r r is asked:
M a r t in ]
You do not want the committee to understand that if any local
organization was opposed to this bill that there was anything in your
rules and regulations that would prohibit them from protesting as
earnestly as they saw fit through the members of their board?
Mr. L e e . Absolutely. The member who is honest knows that if he
did it would have to be placed before the grand lodge. A few years
ago we found railway companies, as Mr. W ills has said, that would
wish to oppose some certain law that was really for the benefit of the
majority of our class, and they would pick out certain fellows who
were fluent talkers, or whom they could control, or whom under threat
of dismissal or some other arguments they could send to the legisla
ture to lobby to get certain laws defeated. The result was we could
not succeed with anything that would benefit the masses because our
members were appearing before these committees.
So we passed this
law, and to-day there is no member of the Brotherhood of Railway
Trainmen in Georgia or in other States who does not know— and
there are some of them in this House—
-th a t he has a perfect right to
appeal and protest through the grand lodge to which he contributes
his mite to support, and it would be presented through the executive
or the executive would be brought to trial for not doing so.
Here is a plain admission that no man dare protest against a
measure recommended by these executive heads except that he
can send his protest up through the regular channels reaching
that executive head, but he can not protest publicly or to a com
mittee of Congress.
Now, I am not saying this in criticism o f these orders. The
reason I am saying it I shall, I think, make manifest a mo
ment later. But upon the same line I call your attention to the
CONGRESSIONAL RECORD— SENATE
5802
statement o f Mr. H o w a r d , a Member o f Congress.
before tliis same subcommittee on March 26:
He
s a id
There is a very peculiar condition existing among the railroad men
In Georgia.. I do not know whether it exists all over the country, but
I have been reliably informed that the rank and file of the men who
are most affected by the operation of this revolutionary measure can
not even write-their Senators or their Representatives in Congress a
single solitary line in opposition' to this bill without violating the rules
and regulations of these organizations. That rule does not apply as
to the Order of Brotherhood of Locomotive Firemen and Enginemen,
but it does apply to all of the other organizations. I speak for the
organizations in Georgia now, not confining it to my district, as \
have conferred with the representatives of these particular organiza
tions.
Mr. SMITH of Georgia. Mr. President-----The PRESIDING OFFICER (Mr. J o n e s in the chair). / Does
the Senator from Missouri yield to the Senator from Georgia?
Mr. REED. I yield.
;/
Mr. SMITH of Georgia (at 1 o’clock and 10 minutes p. m.).
It is perfectly evident that Senators do not desire to be present
in the Senate at this hour, and I suggest that we takfe a recess
The P
R
D
o
e
s
the Senator from Georgia
make that motion?
f
Sir. SMITH of Georgia. Yes, sirT^®*****.
Mr. SUTHERLAND. I suggest the absenfcKof a quorum.
The PRESIDING OFFICER. The Senatorrtsmi'Utah sug
gests the absence of a quorum, and the SecretaryN^Jl call the
roll.
The Secretary called the roll, and the followingVSienators
answered to their names :
Ashurst
Bacon
Bourne
Bristow
Brown
Bryan
Burton
Catron
Chamberlain
Chilton
Clark, Wyo.
Clarke, Ark.
Crawford
Cullom
Cummins
Curtis
Dillingham
Fall
Foster
Gallinger
Gronna
Hitchcock
.Tohnson, Me.
Johnston, Ala.
.Tones
Kern
Lea
Lodge
McLean
Martine, N. J.
Myers
Nelson
Nixon
Oliver
Overman
Page
Penrose
Rayner
Reed
Richardson
Root
Sanders
Shively % \
Simmons \
\
Smith, Ari2
f% \
Smith, Ga.
%
Smith, S. C. \ c
Smoot
Stephenson
Sutherland
Swanson
Warren
Watson
Williams
May 3,
Mr. RICHARDSON. Has the junior Senator from South
Carolina [Mr. S m i t h I voted?
The PRESIDING OFFICER. He has not.
Mr. RTGH^RPgPfl, , I
HIT p iv with that Senator
and withhold my vote. If he were presemT^kjj^ould vote “ nay.”
Mr. GALLINGER. I was requested to annoiItKC^the pair of
the Senator from Connecticut [Mr. B r a n d e g e e ] wiftNjhe Senator from New York [Mr. O ’ G o r m a n ] .
The result was announced—yeas 17, nays 49, as fo llo w ^
Cliilton
Davis
Hitchcock
Y E A S — 17.
Newlands
Overman
Owen
Kern
Pomerene
Lea
Reed
Martine, N. J.
Ashurst
Borah
Bourne
Bradley
Bristow
Brown
Burnham
Burton
Catron
Chamberlain
Clapp
Clark, Wyo.
Clarke, Ark.
Crane
Crawford
Cullom
Cummins
Curtis
Dillingham
Fall
Gallinger
Gardner
Gronna
Guggenheim
Jones
Lodge
Bacon
Bailey
Bankhead
Brandegee
Briggs
Culberson
Dixon
du Pont
Fletcher
Johnson, Me.
N A Y S — 49.
McCumber
McLean
Myers
Nelson
Nixon
Oliver
Page
Paynter
Penrose
Percy
Perkins
Root
Sanders
NOT VOTING— 29.
Foster
Martin, Va.
Gamble
O’Gorman
Gore
Poindexter
Ileyburn
Rayner
Kenyon
Richardson
La Follette
Smith, Md.
Lippitt
Smith, Mich.
Loiumer
Smith, S. C.
Smith, Ga.
Tillman
Shively
Simmons
Smith, Ariz.
Stephenson
Sutherland
Thornton
Townsend
Wetmore
W illiam s
Works
Smoot
Stone
Swanson
Warren
Watson
So the Senate refused to take a recess.
U Mr. REED. Mr. President, I ought to say to the Members
of^lie Senate who were disturbed at their lunchepn by the last
two ^¥^1 calls that they were demanded by the Senator from
Utah anfr'fip.fcfrom this side. On no accoiyit would we have im
posed the ham^ftt^-unoi,! you olJhavrrr'g the table, but as there
were only about seven Menders here, the Senator from Georgia
conceived the idea that we might as well go to lunch also, and
quoru:
Prosidemtj,„:p-''Wil1 extend the1 .therefore made the motion for a recess. We had no idea that it
uld be followed by a demand that would take you from the
,.- .i -A
'-"The Senator from Georgia table. I think I ought to make that statement in order to removes that the Senate take a recess until a quarter after 2 liette myself and the Senator from Georgia of any responsibility.
o’clock.
Mr. President, I was reading from the statement of Mr.
vM r. SUTHERLAND. Upon that I ask for the yeas and nays. H o w a r d , a Member of Congress, in which he was detailing
s and nays were ordered, and the Secretary proceed
the fact that railway men were not permitted to protest, and I
to call t h e r ““
proceed :
Mr. CLARK of Wyoming (when his name was called). I
Gentlemen, I do not know whether or not the men in my State or
have a general pair with the Senator from Missouri [Mr. in my district are opposed to this bill. That is not the purpose of my
appearance before tliis committee this morning, to say whether or not
S t o n e ].
In the absence of that Senator I withhold my vote. they oppose it or whether they are in favor of it. The distinguished
If I were at liberty to vote, I should vote “ nay.”
chairman of the Senate committee and of this commission, in question
Mr. OWEN (when his name was called). 1 transfer my pair ing Mr. Teat a while ago, asked the question whether or not this com
mission had rot been in session for a period of about two years.
I
with the Senator from South Dakota [Mr. G a m b l e ] to the Sen can state with some degree of authority that the first time the com
ator from Oklahoma [Mr. G o r e ] and vote. I vote “ yea.”
pensation law was discussed in the South in any way whatever, in an
Mr. TOWNSEND (when the name o f M r . S m i t h of M i c h i g a n official way, was at Chattanooga on the 25th day of May, 1910, and I
of
was called). The senior Senator from Michigan [Mr. S m i t h ] think I can say with some degree andcertainty that although this com
mission has had these hearings,
they have been exhaustive and
is out of the city on business of the Senate. I understand that full hearings, and some of the most expert railroad men in all branches
have been heard before this commission, I do not suppose to-day there
h e is paired with the junior Senator from Missouri [Mr. R e e d ] .
are 50 Members of Congress, in either branch, either in the Senate or
I make this announcement for the day.
in the House, that have read 500 words of the testimony taken before
Mr. SMITH of South Carolina (when his name was called). the commission.
Has the junior Senator from Delaware [Mr. R i c h a r d s o n ]
And I say now that I think that is the truth right at this
voted?
minute regarding the Senate. I continue reading:
The PRESIDING OFFICER. He has not.
W e understand that hearings are held on a great many measures
Mr. SMITH of South Carolina. Then I withhold my vote.
and the evidence taken in these hearings is never read or considered
Mr. WATSON (when his name was called). I have a gen until possibly the bill is favorably recommended by the committee hold
eral pair with the senior Senator from New Jersey [Mr. B r i g g s ] ing the hearings.
There was a tentative bill introduced. That bill got to Georgia and
and withhold my vote.
these men had read it. The heads of the organizations in Georgia have
The roll call was concluded.
read it. They say that this bill is revolutionary; that it practically
Mr. BURNHAM. I have a general pair with the junior Sena takes from them a constitutional right, and that they want time to
tor from Maryland [Mr. S m i t h ] , who is absent. I transfer that deliberate over this bill. All of their organizations meet during the
through to
pair to the junior Senator from Illinois [Mr. L o r i m e r ] and summer, from April on request, as July, August, andis September. This
is not an unreasonable
far as my State
concerned. The
vote. I vote “ nay.”
railroads are not suffering, and neither are the men suffering from the
Mr. CULBERSON. In view of my general pair with the operation of the present laws.
Senator from Delaware [Mr. mx P o n t ] , I withhold my vote.
Now, Mr. President, the reading of this rule and the reading
Mr. GORE. I was not in the Chamber when my name was of this testimony and the statement of the Senator from North
reached on the roll call. My colleague [Mr. O w e n ] transferred Carolina [Mr. O v e r m a n ] conclusively demonstrate that the rail
his pair to me, and I will allow the transfer to stand.
way men of this country have not been at liberty to express
Mr. BRYAN. I desire to announce that my colleague [Mr. their opinion. Neither have they had opportunity to express
F l e t c h e r ] is necessarily absent on business of the Senate, and
an opinion, or to even form a mature opinion, for the reason
that he is paired with the senior Senator from Ohio [Mr. that this bill was only introduced in Congress some 30 days
B u r t o n ].
ago, and in that length of time there has not been the chance
Mr. CLARK of Wyoming. I transfer my pair with the Sena afforded for these men, scattered as they are throughout the
tor from Missouri [ M r . S t o n e ] to the junior Senator from Iowa United States, to obtain copies of the bill, to discuss it with
[Mr. K e n y o n ] and vote. I vote “ nay.”
each other, to take advice upon it, and to obtain, if they dare
1912
CONGRESSIONAL RECORD— SENATE
act shall constitute a first lien upon all the property o f the employer
liable therefor paramount to all other claims or liens except for wages
and taxes, and such lien shall be enforced by order of the court.
5 819
and with the sanction of the employer receive for their own use
gratuities from the traveling public, the monthly wages of such em
ployee shall not he considered to be less than $50 a month.
Tlie amendment was agreed to.
The next amendment was, in section 17, page 27, line 8, be
The Secretary resumed the reading o f the bill and read as
fore the word “ award,” to insert “ o r ” ; and in the same line,
after the word “ award,” to strike out “ or findings,” so as to follow s;
S ec . 21. That compensation under this act shall be made in accord
make the section read:
S e c . 17. That nothing in this act shall interfere with any proceed
ing by the United States to enforce any act of Congress regulating the
appliances or conduct of any common carrier, or affect the liability of
any such common carrier to a fine or penalty under any such act.
Nothing in this act shall be so construed as to affect the power and
jurisdiction of the courts, under the established principles of equity, to
reform or cancel any agreement or award.
The amendment was agreed to.
The next amendment was, in section IS, page 28, line 22,
after the word “ compensation,” to strike out “ payable ” and
insert “ already paid ” ; and in line 24, after the word “ liabil
ity,” to insert “ and shall to the extent thereof be relieved from
future payments,” so as to make the section read:
S e c . 18. That where an injury or death for which compensation is
payable under this act was caused under circumstances also creating a
legal liability for damages cn the part of any carrier subject to the pro
visions of this act other than the employer, the employer shall be sub
rogated to the right of the employee or dependents to recover against
such other carrier, and such employer may bring legal proceedings
against such carrier to recover the damages sustained by the injured
employee or dependents in an amount not exceeding the aggregate
amount of compensation payable to the injured employee or dependents
under this act. That where the injury or death for which compensation
is payable under this act was caused under circumstances also creating
a legal liability for damages on the part of any person other than
the employer, such person not being subject to the provisions of this
act, legal' proceedings may ho taken against such other person to
recover damages, notwithstanding the payment of or liability to pay
compensation under this a c t ; hut in such case, if the action against
such other person is brought by the injured employee, or, in case of
his death, by his dependents, and judgment is obtained and paid, or
settlement is made with such other person, either with or without suit,
the employer shall be entitled to deduct from the compensation payable
by him tlie amount actually received by such employee or dependents :
Provided That if the injured employee, or, in case of his death, his
dependents, shall agree to receive compensation from the employer, or
institute proceedings to recover the same, or accept from the employer
any payment on account of such compensation, such employer shall he
subrogated to all the rights of such employee or dependents and may
maintain, or, in case an action has already been instituted, may con
tinue an action either in the name of the employee or dependents, or
in his own name, against such other person for the recovery of dam
ages, but such employer shall nevertheless pay over to the injured
employee or dependents all sums collected from such other person by
judgment or otherwise in excess of the amount of such compensation
already paid under this act, and costs, attorneys’ fees, and reasonable
expenses incurred by such employer in making such collection or en
forcing such liability and shall to the extent thereof be relieved from
future payments.
The amendment was agreed to.
The Secretary read as follow s:
S ec . 19. That no contract, rule, regulation, or device whatsoever
shall operate to relieve the employer in whole or in part from any
liability created by this act.
The next amendment was, in section 20, page 29, line 5, after
the word “ employee,” to insert “ unless the monthly wage is
ascertained by the contract of employment” ; in line 9, after
the word “ accident,” to insert “ or, if payment be by the hour,
by the piece, or by the job, shall be 2G times the average of one
day’s earnings in such business and class of service ascertained
by taking the aggregate of the earnings for the month next pre
ceding the accident and dividing this aggregate by the number
of days on which the employee worked in the month ” ; in line
16, after the word “ based,” to strike out “ thereon” and insert
“ on the monthly wages ascertained by the contract o f employ
ment or on the amount thereof determined as aforesaid, as the
case may b e ” ; and in line 25, after the word “ wages,” to insert
“ Provided, That where the employee is engaged in a class of
service in which employees habitually and with the sanction of
the employer receive for their own use gratuities from the
traveling public, the monthly wages o f such employee shall not
be considered to be less than $50 a month ” ; so as to make the
section read:
S ec . 20. That for all the purposes of this act the monthly wages of
an employee, unless the monthly wage is ascertained by the contract of
employment, shall be 26 times the established day’s pay prevailing in
the business of his employer for the class of service for which such em
ployee was receiving pay at the time of the accident or, if payment be
by the hour, by the piece, or by the job, shall be 26 times the average
of one day's earnings in such business and class of service ascertained
by taking the aggregate of the earnings for the month next preceding
the accident and dividing this aggregate by the number of days on
which tlie employee worked in the month.
Calculations of the per
centage of wages herein mentioned shall be based on the monthly
wages ascertained by the contract of employment or on the amount
thereof determined as aforesaid, as the case may be. For the purpose
of such calculation, no emplovee's wages shall be considered to be
more than .<5100 a month or less than ?50 per m onth; except that where
in any case the monthly wages of the employee are less than ?2u per
month payment for the first 24 months of disability shall not exceed
the full amount of such monthly w ages: Provided, That where the em
ployee is engaged in a class of service in which employees habitually
ance with the following schedule :
(A ) Where death results from any injury, except in the cases pro
vided for in section 23, and except in those cases in which, in certain
contingencies, a reduced period is hereinafter provided for, the follow
ing amounts shall be paid for a period of eight years from the date of
the death.
Mr. SUTHERLAND. On page 30, after line 15, I propose the
amendment which I send to the desk.
The PRESIDING OFFICER. The amendment proposed by
the Senator from Utah will be stated.
Mr. OVERMAN. Is that a committee amendment?
Mr. SUTHERLAND. It is a committee amendment.
*
The S e c r e t a r y . At the end of line 15, on page 30, it is pro
posed to insert:
Provided, however, T hat this limitation shall not apply to any child
under the age of 16 years, but payments shall continue' to such child
until it shall have attained the age of 16 years.
The PRESIDING OFFICER. Without objection, the amend
ment will be agreed to.
Mr. HITCHCOCK. I should like to hear the amendment
again read.
The PRESIDING OFFICER. The amendment will be again
stated.
The Secretary read the amendment proposed by Mr. S uther
land
.
Mr. HITCHCOCK. I should like to inquire of the Senator
from Utah whether this bill contemplates that in the event of
the accidental killing of a railroad employee who leaves no
widow and only one child, being, say, 154 years old, the only
compensation she can recover is a maximum of $25 a month for
six months.
Mr. SUTHERLAND. The bill contemplates that the compen
sation shall cease when the child reaches 16. The provision in
all these compensation bills with which I am familiar fixes the
same age. Many o f the European bills fix it at 15. I know of
none that fixes it at more than 16.
Mr. HITCHCOCK. So that in that case a girl 154 years old,
becoming an orphan as the result of the death of her father in
an accident, would receive $150 in full settlement?
Mr. SUTHERLAND. I f she is dependent-----Mr. HITCHCOCK. What does the word “ dependency ”
mean ?
Mr. SUTHERLAND. Unable to earn her living-----Mr. HITCHCOCK. Where is that definition?
Mr. SUTHERLAND. By reason of mental or physical in
capacity.
Mr. HITCHCOCK. Does the Senator think it is within the
bounds of reason to deprive that girl, 154 years old, of the right
that she now has to a substantial recovery from the railroad
company on account of the death of her father and offer her
only $150?
Mr. SUTHERLAND. You can not draw a bill of general and
universal application that will not admit of some hardships
somewhere or other. The purpose of the bill is to take care of
these dependents, and we provide by this amendment now that
the payments shall continue for the full period up to 16 years.
That will add to the amount, as near as I can figure it, about
a million dollars; an increase of the aggregate amount in our
estimate $15,000,000 to $16,000,000. We have in that respect
followed, as I say, the general provisions of laws upon this
subject.
Mr. HITCHCOCK. I think it would be a very easy matter so
to amend the bill that an orphan girl should not be put off with
$150 in the event o f the loss of her father.
Mr. SUTHERLAND. The suggestion of the Senator from
Nebraska, of course, appeals to me. It does look like an unrea
sonable hardship-----Mr HITCH COCK. It is worse than that. It is monstrous.
Mr. SU TH ERLAND . It is not monstrous.
M r HITCH COCK. It is shocking to the country.
Mr.’ SU TH ERLAN D . That would be to charge the legisla
tures of the various countries of the world with doing a mon
strous thing. I do not believe that should be said.
Mr. HITCH COCK. It strikes me as almost inconceivable
that there is no other provision for these helpless children than
that in this bill. I think if the Senator wants support for the
bill he must find some way so as to provide for the children.
Mr. SUTHERLAND. I f the Senator had been patient I
would have stated that I have an amendment prepared to the
provision on page 42 in reference to that subject which I will
5820
CONGRESSIONAL RECORD— SENATE
May 3
I do not think he has voted. I transfer the pair to the senior
Senator from Maryland [Mr. R a y n e r ] , and will vote. I vote
“ 5'ca-”
ip u r
Mr. WARREN (when ms name was called). I ask if the
f
senior Senator front Louisiana [ M r . F o s t e r ] has voted?
/■
The PRESIDING OFFICER. He has not voted.
Mr. WARREN. I have a gefieral pair with that Senator, and
Provided, however, That Igis limitation shall not apply to any child therefore withhold my vote. /
under the age of 16 y e a f s j f
The roll call was concluded.
Mr. CULBERSON (after having voted in the affirmative), j
Mr. CULBERSON, j^ 'h a t is enough. I move to strike out
transfer my general pair with the Senator from Delaware [Mr.
“ sixteen ” wherevem^t occurs and insert “ eighteen.”
The PRESIDING 0FFICER. The question is on agreeing to p u / F o x t ] to the Senator from Maine [Mr. G a r d n e r ] , and will'
the motion of the' Senator from Texas to strike out / ‘ sixteen’> let my vote stand.
Mr. CHILTON. I have information that the Senator with
and insert “ eighteen.”
/
Mr. SUTHERLAND. The Senator certainly does not want whrfm I am paired,-Hie Senator from DlinoisHMiy'tlUfLOM]
to move it there, because that woukU necessitate a number of Would‘vote ‘Mmy,” ..and sb I desiPe to vote. I vote “ nay.’’
I desire while Ham up to announce the pair of my colleague
changes in the bill.
* Mr. OVERMAN. I rise to a point of order. Are amendments [Mr. W a t s o n ] \ffth the senior Senator from New Jersey [Mr.
B r ig g s ].
,
in order now?
Mr. DILLINGHAM. I will transfer "my pair with the senior
Mr. CULBERSON. This is aiunmendment to the amendjnent
Senator from South Carolina [Mr. T i l l m a n ] to the senior
offered by the committee, frtffl it fsiii order.y
,
\
The PRESIDING OFFICER. Tt is in order when'offerda to Senator from Illinois [Mr. C u l l o m ] , and will vote. I vote
the committee amendment.
& /
Jr
* nay.”
Mr. SUTHERLAND. We havhr'fTrovided all the way .Through
The result was announced-—yeas 25, nays 34, as follow s:
the bill for this age of 16.
Y E A S — 25.
Mr. CULBERSON. And the purpose of some Senators ispto
Rowlands
Smith, Ga.
Gronna
Ashurst
correct the bill in this respect throughout.
Overman
Hitchcock
Smith, S. C.
Bacon
Mr. SUTHERLAND. The Senator did not hear me out. It Bryan
Poindexter
Johnson, Me.
Swanson
provides for 16 years all the way through the bill, and if the Culberson
Johnston, Ala.
Pomerene
Williams
Shively
Kern
Senator’s amendment is adopted it will necessitate changing Davis
Simmons
Fletcher
Martine, N. J.
those provisions all the way.
Gore
Myers
Smith, Ariz.
Mr. CULBERSON. That is precisely what I desire to bring
N AYS— 34.
about.
Chilton
.Tones
Sanders
Mr. SUTHERLAND. Let me finish. The Senator does not Borah
Clark, Wyo.
Bourne
Lodge
Smoot
intend to do that at all, if he will let me finish. On-page 42 Bradley
Crane
Nelson
Stephenson
we have a provision which covers the subject of “ dependent Bristow
Nixon
Crawford
Sutherland
Cummins
Oliver
Thornton
children over the age of 16,” and I intended when we reached Brown
Burnham
Curtis
Page
Townsend
that section to broaden the definition so as to include a female Burton
Dillingham
Penrose
Wetmore
child under the age of 18 years. I do not know whether that Catron
Fall
Richardson
Gallingcr
Chamberlain
Root
would meet the views of the Senator from Texas.
Mr. CULBERSON. That does not meet my idea, and I insist
NOT VOTING— 36.
on the amendment to the amendment.
Foster
Bailey
Rayner
Lorimer
The PRESIDING OFFICER. The question is on agreeing to Bankhead
Gamble
McCumber
Reed
Gardner
Brandegee
McLean
Smith, Md.
the amendment to the amendment. [Putting the question.]
Briggs
Guggenheim
Smith, Mich.
Martin, Va.
The “ noes ” appear to have it.
Stone
Clapp
Heyburn
O’Gorman
Mr. CULBERSON und .others depiajidfffl tyevftasnnd nays, Clarke, Ark.
Tillman
Kenyon
Owen
Cullom
Warren
La Follette
Paynter
and they were ordered.
Dixon
Watson
Lea
Percy
Mr. ASHURST. I ask for the rereading of the amendment.
du Pont
Lippitt
Works
Perkins
The S e c r e t a r y . On page 30, line 15, after the word “ death,”
So Mr. C u l b e r s o n ’ s a m e n d m e n t t o t h e a m e n d m e n t w a s r e
insert:
-X"
Provided, however, That this limitation shall not apply to any child jected.
Mr. WILLIAMS. I do not think this is the proper place to
under the age of 16 years, but payments shall continue to such child
until it shall have attained the age of 16 years.
offer the amendment, as it would hardly eome in here as an
It is proposed to strike out the word “ sixteen : a n d i n s e r t amendment to the amendment. I voted for the amendment
just offered rather against my judgment because I thought
* eighteen.”
*
Air. CULBERSON. Of course that means wherever it occurs. hWer-Am, on PaSe 42, would be the proper place and another
Thd dMiMSIDING OFFICER. The Secretary will call the Amendment would be better. When we get to that point I am
ill
going to move to amend the language defining what is a de
roll.
‘
pendent child over 16 years, by adding that this shall not apply
The Secretary
Mr. BURNHAM (when his name was called). I have a gen to certain persons. I am going to move to add “ or to any
eral pair with the junior Senator from Maryland [Mr. S m i t h ] . female under the age of 21 years if not married.” I think when
In his absence 1 transfer the pair to the junior Senator from a boy is 16 years of age, instead of being dependent upon his
mother or any pension or annuity to his mother, he ought to be
Illinois [Mr. L o r i m e r ] and will vote. I vote “ nay.”
Mr. CHILTON (when his name was called). I have a gen helping her.
eral pair with the senior Senator from Illinois [Mr. C u l l o m ] .
Mr. SUTHERLAND. I had already stated to the Senate,
I am opposed to the amendment to the bill.
before we voted upon the last amendment, that when we
Mr. CLARK of Wyoming (when his name was called). I reached page 42 I had an amendment upon the same subject
have a general pair with the Senator from Missouri [Mr. that I desired to offer.
S t o n e ],
I transfer the pair to the junior Senator from Iowa
Mr. WILLIAMS. About female children?
[Mr. K e n y o n ] , and will vote. I vote “ nay.”
Mr. SUTHERLAND. With reference to female children.
Mr. DILLINGHAM (when his name was called). In the ab
Mr. WILLIAMS. I am glad to hear that.
sence of the senior Senator from South Carolina [Mr. T i l l
Mr. SUTHERLAND. I had already so stated.
m a n ] , with whom I have a pair, I withhold my vote.
Mr. WILLIAMS. They ought to be taken care of until they
Mr. RICHARDSON (when Mr. d u P o n t ’ s name was called). are 21 or married.
My colleague [Mr. d u P o n t ] is necessarily absent. He is
Mr. SUTHERLAND. My amendment provides for 18. At
paired with the Senator from Texas [Mr. C u l b e r s o n ] ,
any rate, that will come up when we reach page 42.
Mr. OVERMAN (when his name was called). I have a gen
Mr. DAVIS. It may be a little out of order to do so, but I
eral pair with the senior Senator from California [Mr. P e r am going to take a try at it. I move that the Senate now take
k i n s ].
I transfer the pair to the senior Senator from Virginia a recess until 11.30 o’clock to-morrow morning.
[Mr. M a r t i n ] , and will vote. I vote “ yea.”
The PRESIDING OFFICER. The Senator from Arkansas
Mr. RICHARDSON (when his name was called). I have a moves that the Senate now take a recess until 11.30 o’clock to
pair with the junior Senator from South Carolina [Mr. S m i t h ] . morrow morning. [Putting the question.] The noes appear
He is not here, and I withhold my vote. If present, I would to have it.
vote “ nay.”
Mr. DAVIS. I ask for the yeas and nays.
Mr. SIMMONS (when his name was called). I have a gen
The yeas and nays were not ordered.
eral pair with the junior Senator from Minnesota [Mr. C l a p p ] .
The motion to take a recess was rejected.
offer when we reach it. I do not know whether it will satisfy
the Senator, but F tvill make the suggestion.
Mr. CULBEIl3ON. I ask that the proposed amendment be
again read. •
The PRESIDING OFFICER. It will be again stated.
rTl^ S eobetahy. On page30, line 15, after the w ord, “ death,”
insert:
/
™
1912.
CONGRESSIONAL RECORD— SENATE.
G OFFICER.
5865
-n t S w r K K T r c
ite doing
it*‘wounf be*
public
a general pair with him, and w ith / business when we meet at 12 o’cl
—i
'
Mr. BACON. I was simply <
simply correcting the Senator’ s statement, for
wi-ru-ix announce^or the
■
r.
the si
e y e u r n ], and the pair or the Senator
The PRESIDING OFFICER. The Senator from Georgia
[Mr
Montana [Mr. has the floor.
from Tex a
Lr, .B Atplrtl wiTlTThr*-* K*uu i or fm
D ix o n ],
'
Mr. SMITH of Georgia. Mr. President, I have been en
deavoring to bring to the attention of the Senate the fact that
The result was announced—yeas 26, nays 39, as
the whole tendency under existing legislation is a decrease of
y * 1
Y E A S— 26.
litigation. I think I have established by the evidence in the
Smith, Ariz.
Ashurst
Fletcher
.Newlands
•Bryan
Overman
Smith, Ga.
R e c o r d that the amount of litigation now going on over these
Hitchcock
Owen
Chamberlain
Johnson, Me.
Thornton
personal-injury cases against railroads is far less than the sug
Clapp
Pomerene
Tillman
Johnston, Ala.
gestion would indicate. I have also undertaken to show that
Reed
Clarke, Ark.
W atson
Kern
Davis
Shively
|nder the pending bill there would necessarily be a great deal
Lea
Fall
Myers
Simmons
litigation. I have called attention to the fact that in GerN A Y S — 39.
r® py the litigation is very great and that it is increasing iu
Smith, S. C.
Borah
Cummins
Nelson
England.
Bourne
Smoot
Curtis
Oliver
^he most shocking part of the facility for litigation under
Dillingham
Bristow
Page
Stephenson
this bill grows out of the right not only to have the case tried
Brown
Sutherland
Paynter
Foster
Burnham
Gallinger
Penrose
onpe but over and over and over again for two years, at the
Townsend
Burton
Gronna
Percy
Warren
ojjfion of the railroad companies.
Catron
Wetmore
Guggenheim
Perkins
:! called attention to the fact that the provision for service
Clark, W yo.
Jones
Richardson
W illiam s
W # s defective in this bill.
I want to renew that suggestion,
Crane
W orks
, Lodge
Root
Crawford
McLean
Sanders
fere is no definite provision for service of process in this bill
NOT V O T IN G — 30.
hich meets the requirements of conditions as they exist,
Bacon
Cullom
La Follette
Poindexter
lost of the corporations operating railroads throughout the
Bailey
Dixon
Rayner
Lippitt
country have their principal office away from the State in which
Lorimer
Smith, Md.
du Pont
Bankhead
the operation takes place. There is no provision in the bill
McCumber
Smith, Mich.
Bradley
Gamble
Martin, Va.
Stone
Gardner
Brandegee
that service can be made upon the local agent or representa
Swanson
Martine, N. J.
Briggs
Gore
tive of the railroad company doing business in the State.
Nixon
Heyburn
Chilton
The notice required from employees of their injuries is of a
O’Gorman
Kenyon
Culberson
character liable to cause trouble and to forfeit their rights.
So the Senate refused to take a recess.
Mr. SMITH of Georgia. I desire to thank the Senators on There is no suggestion in the bill that the railroad company
the other side for the courtesy they have shown m e h ^ iv in g me should furnish the employee also with a definite statement in
anSmaortunity to get lunch. But I rested \yj#f6ut it. The its possession as to whether the railroad company will claim
siiggestion**f%j*.*a-. rqcess did not
this side. The that the accident occurred while the employee was under the
Senator from TJtt^’fSFff•*St9TH*Ri,A D first suggested it, and provisions o f this law or under the provisions of some other law.
. 'N J
I desire to discuss briefly the amount of the compensation
the suggestion having come from him, we supposed it would be
agreeable to the other side; else we would not have acted upon allowed to employees under this bill. Take the case of an
engineer, who is killed, making $200 a month, $2,400 a year.
the suggestion at all.
Mr. SUTHERLAND. As I came into the Chamber the Sen On the basis of 4 per cent the present value of the annuity
ator from Georgia was mentioning my name. I did not catch in covering his income would be $35,000. If he is killed the bill
gives his widow $3,800, payable monthly, for eight years. If
what connection.
Mr. SMITH of Georgia. All I said was that we would not she has children it is $4,800, at $50 a month. The present value
have suggested a half hour for lunch except that the Senator of the life of the deceased was $35,000. The compensation the
from Utah kindly did, and we appreciated it, and after a little bill allows to the widow and children is $50 a month until it
amounts to $4,800, subject to cease if the widow marries or dies
reflection determined to accept the suggestion.
Mr. SUTHERLAND. The Senator is quite right. I was sit or the children arrive at the age of 30.
Take the case of an engineer losing his foot above the ankle.
ting on that side, and I said I would not object to it, but I-----Mr. SMITH of Georgia. At first I felt we should not ac His compensation, at $50 a month, would be $2,800. Unques
cept it, and I so indicated to the Senator, but after a moment’s tionably his capacity to work is half gone, if not more. His
reflection I felt it would be so refreshing that we should be financial loss alone is between $15,000 and $17,000. This bill
allows him $2,800, payable $50 a month. Under the existing
glad to accept it.
Mr. SUTHERLAND. I found the sentiment so decidedly law he has an absolute right to recover; his recovery would
against postponing the consideration o f the measure that I easily be for such an injury $15,000 or more. He could settle
to-day for $10,000 to $15,000. This bill cuts him to $50 a mouth
yielded.
until he gets $2,S00.
Mr. LODGE. Mr. President-----It is a harder bill than the English law in every way. Com
The PRESIDING OFFICER. Does the Senator from Georgia
pare the salaries of our men and the compensation in England
yield to the Senator from Massachusetts?
and the amount there allowed is much more to the benefit of
Mr. SMITH of Georgia. Certainly.
Mr. LODGE. Without any reference to taking a recess the employee.
I desire to state that the compensation under the English
to-day, I should like to remind the Senate that we have been
accustomed for many years to meet at 12 o’clock, and this employers’ liability act and under the English workmen’s commeeting at 2 is an innovation. Never in my time in this body pensation act are not the same. The compensation in some re
has the Senate taken a recess for luncheon for anybody, be spects is better in England under the employers’ liability act.
Under the employers’ liability act in England the total sum of
cause it would break up all business during the day to take a
three years’ previous salary could be recovered, which would
uscess during the middle of the session for that purpose.
be $7,500. In the case of the engineer to which I referred—
We shall have to go along meeting at 12 o’clock to do the
and this sum can be paid for any injury where the proof justi
business, and I think it would be a great mistake if we should fies it—$7,500 could be recovered under the English rule. It is
establish the practice of taking a recess for luncheon in the cut down to $2,800, arbitrarily cut down, by this proposed bill.
middle of the day’s work when we meet at 12 o’clock. My ob The engineer who has a permanent injury that disables him for
jection is to a general practice of that kind and not to any life is cut down to $600 a year.
specific case.
What are those permanent injuries recognized by this bill?
Mr. BACON. While it is true it has not been the practice------ Both legs off,
hands off, both eyes out, being injured to
Mr. LODGE. It has been done just once. I know the case, such an extent both both limbs are completely paralyzed. What
that
which occurred a very short time ago, and the time it took to do about the other injuries? Even for the extreme injuries I have
it then; and I was surprised-----mentioned it is only $600 a year, where the man’s income before
Mr. BACON. It was done several years ago.
Mr. LODGE. It was done, I thought, within a year or two. was $2,400.
If you will compare the schedules fixed by this bill with the
It was done three years ago, the Senator from Kansas says.
The Senator’s service has been long here, and I venture to say pension schedule you will find that it is not half as large as the
pension schedule. Five hundred thousand pensioners take care
that in all that time that is the only case.
of the pension schedule. There are 1,800,000 employees of railMr. BACON. It is the only case.
L
58
66
CONGRESSIONAL RECORD— SENATE.
roads to take care of this schedule, and they will take care of
it, and they are entitled to a hearing on it, and they have not
had it. You will cut them off for two weeks after injury with
nothing. The. German law has a provision which takes care of
them for three months. I insist, Mr. President and Senators,
that in any wisely constructed workmen’s compensation act the
first thought should be to care for the man at once sifter the
injury a reasonable time while he is perfectly helpless, and in
stead of proceeding upon the theory that you will cut him off
for a certain number of weeks with nothing for fear that he
may be malingering, treat him like he is an honest man and
you will be more apt to make him an honest man. Treat him
like he is dishonest and the effect of your treatment will be
demoralizing upon him.
So you see, Senators, this bill cuts down 80 per cent at least
the recovery of a number of men. What excuse is there for it?
What are you taking away their present rights from them for?
You know they do not understand it or they would not approve
of it. You know that the engineer who learns that you propose
to give him $2,800 in $50 installments for the loss of his hand or
his foot will rise in indignation against this measure and against
the men who put it on the statute books. I f Senators would only
listen they would stop and they would not pass it.
The committee has gotten it up and it seems to be the plan to
just put it through without reflection or consideration by those
who intend to vote for it. If they would scan its detailed provi
sions they would not approve it. Compare it with the schedule
of compensation to pensioners for the loss of a limb. There is
an elaborate schedule of compensation for pension injuries.
Take other schedules of compensation for injuries. You are
putting a burden on these men by the cold, hard limitation of
their rights. You have arbitrarily said that no man shall be
considered as making over $100 a month, no matter how great
his injury, and you will allow him but half of the hundred, $50
a month, for complete and total loss of the capacity to work.
Then you have said that if he suffers the loss of an arm or a
leg, though the loss is a permanent injury, though you know it
cuts him down one-half, you will give him only $50 a month for
a few months, instead of for life. The soldier who has lost an
arm or two arms gets his $100 a month the balance of his life,
and so on the compensation comes for life. What is to become of
the one-armed and the one-legged railroad men when the time
arrives that the meager allowance you give them shall cease?
What is to become of the widows when the eight-year period is
out?
The committee had before them statistics to show that the
average widowhood period of an employee of the railroads who
is killed on the railroads is 15 years, and yet they cut her to a
meager sum for 8 years.
[At this point a message was received from the House of
Representatives, which appears elsewhere.]
Mr. REED: Mr. President, I raise the question that there is
no quorum present.
The PRESIDING OFFICER. The Secretary will call the roll.
The Secretary called the roll, and the following Senators
a n sw e re d to
Bacon
Borah
Bourne
Bradley
Bristow
Brovin
Bryan
Burton
Chamberlain
Clapp
Clark, Wyo.
Clark, Ark.
Crawford
Curtis
th e ir n a m e s :
Dillingham
Fall
Gallinger
Gore
Gronna
Guggenheim
Hitchcock
Johnson, Me.
Johnston, Ala.
Jones
Kern
Lea
Lodge
McCumber
McLean
Martine, N. J.
Myers
Nelson
Newlands
Oliver
Overman
Page
Paynter
Percy
Perkins
Poindexter
Reed
Richardson
Root
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smoot
Stephenson
Sutherland
Swanson
Thornton
Townsend
Warren
Works
The PRESIDING OFFICER. Fifty-six Senators have an
swered to their names. A quorum is present. The Senator from
Georgia will resume.
Mr. SMITH of Georgia. Mr. President, just to let Senators
see that already the men are beginning to know something
about it, I will send to the Secretary’s desk a letter to be read
which has just been brought to me from Buffalo, N. Y.
The PRESIDING OFFICER. Without objection, the Secre
tary will read as requested.
The Secretary read as follows:
B ro th er h oo d
H on.
H
oke
Sm
it h
of
L oco m o tive F ir e m e n
and E n g in e m e n ,
E r ie S y s t e m ,
Buffalo, N. Y., M ay 8, 1012.
,
Senate Chamber, Washington, D. C.
H o n o r : A t a regular meeting of J. G. Hubbard Lodge, Brother
hood of Locomotive Firemen and Enginemen, it was requested of me to
thank you for the fearless stand you took in behalf of the many railroad
employees, and we trust will meet with success in defeating the work
men's compensation act In its present stage.
Y
our
May 4
The employers’ liability act has been a blessing to employees and
their families, and to take that from them would be an unworthy act.
Thanking you once more for our membership’s interest, I wish to
thank you for the families of employees.
W ith best wishes, and trusting your term in the United States Senate
will be of many years,
Very respectfully,
II. P. ITan vey .
Mr. SMITH of Georgia. Mr. President, I had about com
pleted the criticism that I wanted to make upon the effect of
this bill in cutting down the compensation of the men. It is
perfectly apparent that to arbitrarily say none of the liigh-ciass
employees of the railroad companies shall be considered as
making over $100 a month, and then to say that in case of com
plete and permanent total disability the compensation shall not
be to any of them more than $50 a month is to take from them
their present rights, and then to say that except in the case of
total permanent disability you will give this meager $50 a
month for one or a few months is to utterly disregard any fair
spirit of compensation. I f the man has a permanent loss of a
part of his body which is to incapacitate him to a certain extent
all of his life, why limit his compensation to a small sum
monthly for a few years? If his arm is gone or if his leg is
gone and half of his capacity to labor is gone, why say that you
will arbitrarily consider him as not having made over $10C) a
month, and then arbitrarily say you will only allow him onehalf of that, and then arbitrarily say that you will allow him
that half but a few months, unless your purpose was to prevent
his compensation, unless your purpose was taking away from
him his present rights, to give him a mere bagatelle in its
place.
Yet that is what this bill will do. You have an engineer
making $2,400 a year. His leg has been cut off in a case where
he is entirely free from fault, and this bill would give him $2,800,
payable at $50 a month, when his financial loss as the result of
cutting off his leg is between $15,000 and $17,000. Estimating
that he had only lost one-half of his earning capacity and giy!
ing him the present value of that earning capacity at the age
of 45-----Mr. CHAMBERLAIN. Mr. President----- The PRESIDING OFFICER. Does the Senator from Georgia
yield to the Senator from Oregon?
Mr. SMITH of Georgia. Yes.
Mr. CHAMBERLAIN. I should like to ask the Senator if
he knows what proportion of engineers now who may be in
jured get nothing under the law of 1908?
Mr. SMITH of GEORGIA. N o; and nobody else knows.
There are very few in my section of the country. It is the
rarest thing in that section that an engineer gets nothing, and
it is the rarest thing that he has a lawsuit. There is scarcely
a chance under the present law for him to lose. He can never
lose except where the accident is the sole and exclusive cause
of his negligence.
The theory about mere accidents with nobody to blame I
take no stock in. Accidents do not happen except where some
body is at fault. Either proper machinery has not been fur
nished or proper rules have not been given or proper work
under those rules has not been done. I believe it is a safe
proposition to say that in cases o f engineers not 10 per cent of
them are injured where they can not recover, and if the accident
is due solely to the negligence of the engineer who is hurt, I
deny the soundness of the proposition that the man who is in
jured without fault shall have 80 per cent of his rights taken
away from him under the claim that you propose to compen
sate somebdy who could not before have recovered.
As to the class of men to whom I am referring, it is a low
estimate that the bill you are pressing will take 75 per cent of
their rights from them. If you wish to give something to the
man whose negligence was the sole cause of the accident, it
ought not to come out of the man who was not negligent at all.
Is not the compensation to the negligent to be given as a matter
of public policy? Must you not justify that as a matter of
public policy, and ought not the charge to either be levied on the
Treasury of the United States or on commerce?
What excuse is there to take it, and take it twice, from the
man who was free from fault? The excuse for this measure is
that you are going to take care of somebody who heretofore was
not taken care of. That somebody is the man injured exclu
sively by his own fault or by accident.
As I said before, accidents without faults are very rare.
Somebody is negligent when these injuries take place. The
real beneficiary is the man who is the exclusive cause of his
own injury. Now, broaden the law, if you please, to care for
the man whose negligence was the exclusive cause of his own
injury; but when you do that, do not take it twice from the
pocket of the man who was not at fault. If it is to be done as
a matter of public policy, let commerce stand it. Do not grind
CONGRESSIONAL RECORD— HOUSE.
1912
B xsbee , A e i z ., May 2, 1912.
Hon. H
enry
F. A
sh u est
,
United States Senate, Washington, D. G.;
I understand you pledged yourself during
the Owen medical bill. If this is so, please
The bill is dangerous because it is designed
establish governmental medicine, which would
governmental religion.
>
—
H e n r y if. A s i iu r s t ,
the campaign to support
reconsider before voting.
as art entering wedge to
be as unconstitutional as
£"
B e u ce P b e l e y .
JF 1912.
3,
T u c so n , A e i z ., M 0
j
/
Unflted States Senate, Washington, D. C.:
J1
M yself Mind fam ily believe in Christian Science and
opposed to
the provisions of the Owen bill, whereby we will be prohibited from
practicing the tenets of our belief.
W e think it is lagainst the spirit
of our institutions and earnestly ask your assistance in defeating it.
Mrs.
H. D BACHMAN.
Mr. ASlIURST presented petitions of sundry citizens of
Tempe, Mesh, and Camp Verde, all in 1M State o f Arizona,
praying for me adoption of an amendment to the mining laws
making valid ftgl oil locations without the? necessity of discovery
of oil prior tolbcation, whidh were referred to the Committee
on Mines and Mming.
/
Mr. POINDENVER presented a pJ&tion of members of Pend
Oreille Grange, Patrons of Husbandry, of Newport, Wash.,
praying for the establishment of {governm ental postal express,
which was referred % the Committee on Post Offices and Post
Roads.
g
He also presented tel^rams^fn the nature o f memorials from
B. H. Hotchkin, o f We%itc|fee; George N. Tuesley, of North
Yakim a; O. D. Sterling, W W a lla W alla; Dr. J. E. Lydon, of
Spokane; W. T. Thomas, Jfe Tacoma; H. W. Newton, of Spo
kane ; C. S. Jackson, of Aberdeen; J. W. Hodge, of Aberdeen;
Mrs. Max Baumeister, o#VVafl% W alla; J. A. Hood, J. J. Carney,
F. W. Loomis, John B. jOrlorn, suid J. E. Anderson, o f Aberdeen;
Margaret Center, of Walla WallTkJ. A. Marmaduke, of Seattle;
Caryll T. Smith ancVsundry othefe citizens of Aberdeen; N. C.
Wilson, of Walla Wtilla ; and o f suimry citizens of Seattle, all in
the State of Washington, remonstrating against the passage of
the so-called. Owen medical bill, whiclj were ordered to lie on
the table.
He also presented petitions of the Woman’s Christian Tem
perance Unions, of Cashmere, Prescott, and Waitsburg, all in
the State of Washington, praying for the enactment of an inter
state liquor law to prevent the nullification of State liquor laws
by outside dealers, which were referred to the Committee on
the Judiciary.
B IL L S INTRODUCED.
Bills were introduced, read the first time, and, by unanimous
consent, the second time, and referred as follows:
By Mr. CULLOM:
A bill (S. 6685) granting a pension to Sara Sibree Bornemann
(with iiccomparrvtng- papers) to the Committee on Pensions.
OWEN:
""’" A bill (S. 6686) authorizing the Secretary of the Interior to
permit exchanges of lands o f Osage allottees, and for other
purposes; to the Committee on Indian Affairs.
P R E S ID E N TIA L APPROVAL.
A message from the President of the United States, by Mr.
Latta, executive clerk, announced that the President had ap
proved and signed the following joint resolution:
On April 30, 1912:
S. J. Res. 102. Joint resolution relative to the rebuilding of
certain levees on the Mississippi River and its tributaries.
'
A O lU C C fcT U liA L A i-i’ iiOP.UU.'UON B IL L.
Mr. BURNHAM. I desire to give notice that on Tuesday
next, at the conclusion of the routine morning business or as
soon'thereafter as there may be an opportunity, I shall ask the
Souatd' to proceed to the consideration of the bill known as
the a g ric^ u ra l appropriation bill, being House bill 18960.
H OUSE
OF
3 88 1
R E P R E S E N T A T IV E S .
S aturday,
May
1912.
The House met at 11 o’clock a. m.
The Chaplain, Rev. Henry N. Couden, D. D., offered the fol-.
lowing prayer:
Eternal and ever-living God, our heavenly Father, we bless
Thee for that deep and hidden spring within, which is ever urg
ing us onward and upward to the heights of spiritual glory.
That something, strange and mysterious, which will apt be satis
fied with less than the best make us tractable to-jlie holy in
fluence. That our light may so shine before men that they may
see our good works and glorify our Father in heaven. In the
spirit of the Lord Jesus Christ. Amen.
.
V
The Journal of the proceedings of yesterday was read and
approved.
D A M S ACROSS TILE S A V A N N A H RIVER.
Mr. ADAMSON. Mr. Speaker, I ask the. Speaker to lay be
fore the House Senate bill 5930, an act extending the time
for the completion of dams across the Savahnah River, granted
by act approved February 29, 1908, a House bill for the same
purpose being on the calendar, reported .from the House Com
mittee on Interstate and Foreign Commerce.
The SPEAKER. The'Chair lays before the House the hill
(S. 5930) to extend the time for the c#npletion of dams across
the Savannah River by authority grafted to Twin City Power
Co. by an act approved February 29,#908.
Mr. MANN. Is this the same bilijfis the bill reported to the
House?
Mr. ADAMSON. It is, with a sllpht difference, which I want
to correct by an amendment. It isfror the same purpose.
Mr. MANN. What is the difference?
Mr. ADAMSON. The Senate,:JpiJl requires the completi
conformity with the act of Jujjjjjf 23, 1910. The House bib
not contain that provision, bqjfthe report sets out the re; •
why it was not so amended J p recommended by the Wai
partment. The only d ifferen t is that we would like to ex
it from the second proviso M section 4 of the act of June 23,
1910, by reason of the esxpejpiture of money heretofore made in
reliance upon the original grant of consent.
Mr. MANN. I submit, Mr. Speaker, that where a Senate bill
is taken from the Speaker’s table because it is substantially the
same as the House bill already reported, it must be substantially
similar, otherwise the Members of the House can not tell what
they are voting upon.
The SPEAKER. Tluft is undoubtedly the rule, as stated by
the gentleman from II jfiiois.
Mr. MANN. Certapily bills are not substantially similar
where one bill pro vitas for 50 years’ franchise and another bill
for an unlimited franchise.
The SPEAKER. jThe Chair thinks that is correct.
\ Mr. ADAMSON. /T h e bills are for the same purpose,
t The SPEAKER, b it makes no difference if they are for the
slime purpose, if they are not substantially the same. I f ob
jection is made, the bill will have to be referred to the Com
mittee on Interstate and Foreign Commerce.
Mr. MANN. I jVill not object, Mr. Speaker.
.The SPEAKER Is there objection? [After a pause.] The
Chair hears non®
Mr. ADAMS0^7. Mr. Speaker, I offer the following amendThe SPEAKER. The Clerk will report the amendment.
The Clerk r#id as follow s:
In line 6, paa& 3, after the word “ six,” insert:
“ Excepting me second proviso in section 4 of the said act of June
23, 1910, th a tp h e authority granted shall terminate at the end of a
period not to eiceed 50 years. This extension of time is exempted from
that proviso by reason of the expenditures of money heretofore made in
reliance upomsthe original grant of consent.’
The ameqadment was agreed to.
RECESS.
The bill as amended was ordered to be read a third time, was
Mr. SUTHUHSm
AND. I move that the Senate now take a
read the third time, and passed.
recess until the cltendar day o f Monday at 11.50 o’clock a. m.
O n m o t i o n o f Mr. A d a m s o n , a motion to reconsider the vote
Mr. REED. I tfPiwght the Senator was going to make the
whereby the bill was passed was laid on the table.
hour of meeting earI i(^Uian that.
A similar bill (H. R. 22092) to extend the time of the Twin
Mr. SMITH of GeorgHWSay, 11 o’clock
Mr. REED. It will tT% *a long time to discuss the long City Power Co. for the completion o f a dam across the Savannah
River was laid on the table.
amendments.
IND EPEN DEN T GOVERN M EN T FOR T H E P H IL IP P IN E S .
Mr. SUTHERLAND. Very VfciL, I will change it to the hour
o f 11 o'clock.
Mr. GARRETT. Mr. Speaker, I have a request for unanimous
The PRESIDING OFFICER. ThFtoestion is on agreeing to consent, which I have reduced to writing and will ask to have
the motion of the Senator from Utah t5§|t the Senate now take the Cl$rk read.
a recess until 11 o’clock on Monday morm
.
The;Clerk read as follow s:
The motion was agreed to, and (at 5 o clw
id 50 minutes
I ask unanimous consent that the hill (H . R. 22143) to establish a
ualified independent government for the Philippines, and to fix the
p. in., Saturday, May 4) the Senate took a re
jmtil Monday,
ate when such qualified independence shall become absolute and comMay 6, 1912, at 11 o’clock a. m.
5882
CONGRESSIONAL RECORD— HOUSE.
plete, and for other purposes, and also House joint resolution 278, to
authorize the President of the United States to secure the neutraliza
tion of the Philippine Islands and the recognition of their independence
by international agreement, which bill and resolution have been favor
ably reported by the Committee on Insular Affairs and are now upon
the calendar, shall have the same status as privileged reports of com
mittees provided for in the first section of paragraph 56 of Rule X I ;
and that in the consideration thereof in Committee of the Whole House
on the state of the Union general debate shall be confined to their sub
ject matter and matters relating thereto. General debate upon the two
propositions shall be limited to 30 hours, one-half of same to be con
trolled by the gentleman from Virginia [Mr. J o n e s ] and one-half by the
gentleman from Pennsylvania [Mr. O l m s t e d ] ,
May 4,
N A V A L EXPEND ITU RES.
Mr. PADGETT. Mr. Speaker, I desire to call up a privileged
resolution from the Committee on Naval Affairs.
The SPEAKER. The Clerk will report the resolution.
The Clerk read as follow s:
House resolution 363.
Whereas it was provided by an act entitled “ An act making appropria
tions for the naval service for the fiscal year ending June 30, 1912,
and for other purposes,” approved March 4, 1911, that certain sums
should be expended only upon certain terms and conditions, namely :
First. For “ Increase of the N a v y ; torpedo b o a ts : On account of
submarine torpedo boats and subsurface destroyers, heretofore au
thorized, $ 8 9 0 ,8 3 3 .8 8 : Provided, That no part of this appropriation
shall be expended for the construction of any boat by any person,
firm, or corporation which has not at the time of the commencement
and during the construction of said vessels established an eight-hour
workday for all employees, laborers, mechanics engaged in doing the
work for which this appropriation is m ade: Provided, That this limi
tation shall not apply to payments to be made upon vessels authorized
prior to the approval of this act.”
Second. It was further provided that “ The total increase of the
Navy, $26,005,547.67.” *
* * “ Provided, That no part of any
sum herein appropriated shall be expended for the purchase of struc
tural steel, ship plates, armor, armament, or machinery from any per
sons, firms, or corporations who have combined or conspired to mo
nopolize the interstate or foreign commerce or trade of the United
States, or the commerce or trade between the States and any Terri
tory or the District of Columbia, in any of the articles aforesaid, and
no purchase of structural steel, ship plates, or machinery shall be
made at a price in excess of a reasonable profit above the actual cost
of manufacture. But this limitation shall in no case apply to any
existing contract.”
/
Resolved, That the Secretary of the Navy be, and he is hereby, di
rected, if not incompatible with the public interest, to report to the
House of Representatives, for its information, what sums appropriated
in said act have beam expended for ships, torpedo boats, armor or arma
ment, ship plates,, structural steel, or machinery, and what amount, if
any, has been paid for said torpedo boats or their armament, or for any
supplies, m unit^hs of war, or other articles or things provided for in
said act, to that United States Steel Corporation, or any subsidiary com
pany of saichrcorporation, and if any such purchase has been made,
whether before or after the 27th day of October, 1911.
And the Secretary of the Navy is further directed to report whether
the Navy/Departm ent has received bids or entered into any contract
agreement or understanding, whether oral or written, for the purchase
of armoi- or armor plate, structural steel, ship plates, machinery, or
other sfrticle or thing provided for in said act with said United States
SteeLPorporation, or any subsidiary company thereof, and whether such
conteact or agreement, if made, was entered into before or after said
27th day of October. 1911.
If any such purchases have been made, bids received, or contracts
entered into with said United States Steel Corporation, or any subsid
iary company thereof, the Secretary of the Navy is directed to report
'to the House of Representatives, for its information, all the facts and
circumstances within the knowledge of the Navy Department under
which any such purchases may have been made, bids received, or con
tracts, understandings, or agreements negotiated or entered into.
Mr. MANN. Mr. Speaker, reserving the right to object, I did
not catch the latter part o f the reading.
Mr. GARRETT. As to the amount of time and division of
time? It fixes the amount of time at 30 hours, 15 hours on a
side on the two propositions.
Mr. MANN. Is it the idea o f the gentleman to have these
bills made practically continuing orders, subject to the consid
eration of appropriation bills and other privileged matters, or
to come in ahead of appropriation bills?
Mr. GARRETT. Mr. Speaker, there is no intention of dis
placing the business of the House with the consideration of
this resolution any more than is proper. It will be a matter of
agreement and arrangement between the chairmen of the vari
ous committees and the Speaker and other gentlemen of the
House.
Mr. MANN. Yes; but we met this situation the other day:
The gentleman from Georgia [Mr. A d a m s o n ] had the Panama
toll bill made privileged. Thereupon he intended to call it up
ahead of the legislative appropriation bill and had very strong
equities in his favor, and now is promised that it will come up
ahead of the naval appropriation bill, the sundry civil bill, and
the general deficiency bill. Does not the gentleman think that his
request ought to be subject to the consideration of appropria
tion bills, so that there will be no conflict in the House between
the chairmen of the different committees endeavoring to get
the Chair to recognize one or the other?
Mr. FITZGERALD. If the gentleman will permit me, I have
a provision that I shall ask to have inserted in the gentle
man's request, or I shall be forced to object; providing that
general appropriation bills shall at all times have preference
over the bill and resolution herein mentioned. It is very em
barrassing to those in charge of appropriation bills, as well as
to the Speaker, to attempt to keep track of business that may
be made privileged, unless closer contact can be had, because
of the work that engrosses Members who are preparing bills,
and inadvertently causes misunderstandings to arise. If this
The committee amendment was read, as follow s:
provision be adopted no misunderstanding can arise.
Strike out all
The SPEAKER. The Chair will state to the House/mat the follow ing: after the word “ resolved,” in line 1, page 2, and insert
there are two special orders in force now. One of thejh will
“ That the Secretary cf the Navy be, and he hereby is, directed to
only take one d a y ; that is, the next legislative day after the report to the House of Representatives, for its information, a full
statement and complete list of all bids
contracts made, and
consideration of the legislative bill is ended, excluding Wed moneys expended, giving the names of all received, firms, or corporations
persons,
nesday and the first and third Mondays, is to be .devoted to submitting bids or with whom contracts were made, together with the
business on the Private Calendar. The other is The one the dates and amounts of each bid submitted and contract entered into,
under
of the N a y torpedo
gentleman from Illinois referred to, the Panama Cftnal toll bill. boats ’ the provisions of the paragraphs ‘ Increasearmament,’ vof; the act
and ‘ Increase of the Navy ; armor and
That is a standing order.
/
entitled ‘An act making appropriations for the naval service for the
Mr. GARRETT. Mr. Speaker, I want to make this statement fiscal year ending June 30, 1912, and for other purposes,’ approved
as the reason for asking to have this done in this way. Of March 4, 1911.”
Mr. PADGETT. Mr. Speaker, I desire to yield to tlie gentle
course it could be done by a rule. A rule can be brought in,
and if the House chooses to pass it, it willjftiake it in order at man from Kentucky [Mr. S t a n l e y ] , tlie autlior of tlie resolu
tion.
any time
/
Mr. STANLEY. Mr. Speaker, the real menace to the pros
But it was thought best after a conference between the
majority and minority members of tlie/Committee on Insular perity of the people and the maintenance and security of this
Affairs to try to do it in this way, in -the belief that it would Government is within and not without our borders. There is no
interfere less with the business of the House. If we brought probability that an “ army with banners” will in the near future
in a rule, it would be almost impossible to know in advance cross our borders or that a hostile fleet will threaten the cities
what time to fix. I think under, this plan there will be a by the sea.
We are face to face with the menace of monopoly. It is
bett'er opportunity for gentlemen- to prepare themselves for
debate, and there will be better opportunities for Members to farcical for this Government to attempt to foster and restrain
know when the bill will be likely/to come up than if we resorted monopoly at the same time. If we are to-day unable to build
battleships without paying an excessive price to an Armorto the other method.
/
Mr. MANN. The old practice, which I think was better, Plate Trust, operating in open violation of law, and without the
was to make a bill like tl\fs a continuing order, subject to necessity of having high officials either close their eyes to such
appropriation bills and other privileged matters before the violation of law or connive at it, then we should start now upon
House, so that when otliei- privileged matters were to come the construction of a sufficient plant to make our own armor
up the bill would not be ,(n order, but when we did not have plate. The frauds which have hitherto been perpetrated should
other privileged matters'1in order the bill would be a con warn us that we can not expect these concerns to manufacture
armor of such quality as to stand the tests which they have
tinuing order.
/
Mr. SHERLEY. Mr/ Speaker, I have never been a believer so often evaded or to supply this armor at a reasonable price.
If the makers of armor are sufficiently powerful to force
in tying the hands qf the House in advance. There are a
number of bills that/ in my judgment, are as much—and per officials to shut their eyes to an unlawful combination, even now
haps more—desirable to be considered than the bill now being arraigned by the Department o f Justice, they may be powerful
presented for special privilege. Believing that, and realizing enough to force those same officials to close their eyes to the
the time of year, the situation of the calendar generally, and inferiority and defects in that same armor plate. Both the
the need of putting appropriation bills through, I shall take majesty of the law, the security of the thousands of brave men,
upon myself the burden of objecting to unanimous consent.
and the future dominance of the flag upon the sea demand the
passage of this resolution. Every Secretary o f the Navy who
The SPEAKER. The gentleman from Kentucky objects.
1912.
CONGRESSIONAL RECORD— SENATE.
the men that has ever been passed by any country in the world.
Doubt existed as to the constitutionality of the act. Lawyers
throughout the country hesitated to trust their clients’ cases
under it, and only last February was the law sustained by the
Supreme Court of the United States.
Immediately upon establishing their rights the proposition
comes to us to repeal the law establishing their rights and to
substitute this new untried measure.
I am opposed to this substitute because I do not think it
does the men justice. The Senator from New York [Mr. R o o t ]
favors it and manifests much interest in the men. I yield to his
greater interest, because we all know his big heart, filled with
love of mankind, that makes his very presence warm the neigh
borhood which he occupies.
Mr. President, two reasons are submitted in support of this
hill. First, it is urged* that we are to do away with litigation,
a thing greatly to be desired, but who has shown that this meas
ure can do awray with litigation? Such a measure has not done
away with it anywhere else. Our reports from England show
as to-day an increase in litigation in their courts where the
workmen’s compensation act is involved. The reports that come
to the commission from the various roads indicate that litiga
tion is being minimized under existing law.
In my own State, in 1910, we duplicated for intrastate trans
actions the Federal employers’ liability act. We have had the
operation of the laws applied to intrastate transactions, and
suits by employees against railways have practically stopped
in Georgia. Liability being practically established by the em
ployers’ liability .act, nearly every case is settled by the claim
agents, and the percentage o f litigation as compared to the ac
cidents is less under our employers’ liability act than it is
under the English compensation laws.
To broadly state that you are presenting a measure which will
stop litigation is easy. To present an argument to sustain the
statement was not undertaken. What is there in this measure
to stop litigation? You have made it much worse than the
English act. The English act has a provision calculated to
lessen litigation, in that it gives the maximum recovery for the
most extreme injury and leaves all the subordinate injuries with
the right to claim that maximum. The railroad companies have
an inducement to settle all the smaller injuries lest the em
ployee sue and the courts allow the maximum.
But this bill not only makes a maximum for the largest
injuries, but goes on down to the smallest injuries and makes a
very small maximum for them, leaving therefore no latitude to
the employee to recover any considerable sum in any case and
leaving him with no margin for negotiation. Under your pro
posed bill the claim agent can hold over the injured employee
a threat that if he does not accept whatever is offered him
he will be compelled to sue before the trial judge without a
jury, with the right in the railroad to take the .case up to the
higher court, and with the further right to the latter, whenever
it sees fit, to briug him back through the same process time and
time again, and with the further threat that even if the em
ployee recovers the workman’s compensation act will give him
practically nothing.
With this bill you are passing, confronting the employee, giv
ing a maximum very small for all kinds of injuries, and graded
smaller and smaller as you get to the smaller injuries, there
is nothing to help him to settle and everything to say to the
mil road company, “ Litigate as much as you want. You can
not have much to pay. Offer as little as you please. The em
ployee must take it, or else the burden of the trial you put on
him will be more than the amount he can possibly recover.”
instead of stopping litigation, this provision furnishes the
means to facilitate it, unless it is intended that the employee’s
compensation is reduced to nothing.
There is another way you could have stopped litigation as
well as this. You could have passed a bill providing that under
no circumstances could the employee have anything at all. I
nm surprised that that plan did not occur to some of the warm
advocates of terminating litigation.
Now I want to come for a moment to the amounts provided
in this bill and show you how unjust they are. It is said that
you are providing for the man whose own negligence causes
the accident, and you are also providing for the man who is
injured through nobody's negligence, and because you are ex
tending by the bill the compensation principle to these men
heretofore not compensated you must make these severe cuts in
the rights of those who can now recover full compensation.
I want to show Senators—and I can do it in a moment—that
not one out of ten will receive rights in the future who have not
them now*. They have shown you no figures. They have talked
loudly about $10,000,000, the present amount, and $15,000,000,
X L V III------374
5949
the future amount. They have given you nothing to sustain
this claim. There are no statistics as applied to the present
law*. Let us take the case of a conductor. What are the op
portunities of a conductor being injured by his own negligence?
He occupies practically the same place as a passenger. Not one
case occurs out of fifty w*here under the present law he could
not recover. This bill would pay him, if injured, in this one
more case in fifty w*here now he can not recover, but it will cut
dow*n two-thirds from his present right of recovery in the 49
cases, and in the one additional case give him only one-third of
his loss.
Take the case of an engineer. What are the opportunities
for him to be injured outside of his owrn negligence? Through the
negligence of the operators, through the negligence of the other
engineer, through the negligence of the trainmen, through the
condition of the track, and through defects in the engine. There
are ten other ways to injure him to one from his own negli
gence. There are ten chances in which he is protected to-day to
the one chance of protection that you give him, and yet for giving
him that one new chance you cut the chances he now has down
tw'o-thirds, to give him one-third of his injury if he is hurt
by this new chance.
You may take the case of any railroad employee, and the
employee may take liis own case, and look around and see
that when you undertake to make him believe that you are add
ing ninety new opportunities to recover to the ten he now has,
you are wasting words and that your claims are utterly with
out foundation.
I submit to the personal information of any Senator, I sub
mit to his personal consideration, the case of any one of these
employees of a railroad. Look over the field and see what the
chances are for him to be injured, and see how* many of them
he already has covered, and how little you give him by this
new legislation. You do not know wTiether it will apply to
trackmen or not. You do not know wdiether it will apply to
yardmen. You do not know whether it will apply to the men
in the machine shops.
Now, how' are the employees cut down by this new* bill? You
provide, first, that how*ever much he may make he shall not
be considered to have been making over $100. Is it fair?
Would it spoil the w*hole scheme, instead of limiting him to $100,
if you were to treat him on the basis of what he actually
earned? Would such an amendment be destructive to this beau
tiful structure that has been so carefully prepared? It would
increase the compensation more nearly to what the men actually
lose by injuries.
Let me ask your attention to the second plan of compensa
tion, which is based, it seems to me, upon a radically unsound
principle. You take the men with permanent injuries—the loss
of an arm or the loss of a limb or a foot. There is a permanent
injury, and yet instead of fixing the percentage of his wages
lost by the injury and giving him permanently that amount
you give it to him for only a few months. If the hijury is per
manent, the compensation should be permanent.
The Senator from West Virginia [Mr. C h i l t o n ] , almost in
tears, talked about these people who were going to be hurt be
tween now and December, if you do not pass the bill to-day.
I should like for him to tell what is to become of the men,
after they have been hurt and have drawn the pittance you
give them for several months, when your bill stops all payments
to them? I would be glad to gather a few of his tears and
mingle .them with the tears of some of the Senators on the other
side, and save them for the men permanently injured, w*hom
you w*ould compensate for only ft few short months.
I insist, Senators, that any sound principle of compensation,
where the injury is a permanent one—permanently lessening
the capacity of the man to labor—should continue coequal with
the time that the injury is to last.
I
be
h a v e p r e p a r e d a n u m b e r o f a m e n d m e n ts, a n d o th e r s w ill
o ffe r e d .
A m e n d m e n ts t h a t I s u b m it w ill n o t d e s t r o y th e
e n t ir e s t r u c t u r e o f th e b ill, b u t t h e y w ill b e a lit t le im p r o v e
m e n t t o it, a n d t h e y a r e a m e n d m e n t s w h ic h o u g h t t o a p p e a l
t o t h o s e S e n a t o r s w * h o s e s o l e c o n c e r n i s t h e good o f t h e m e n ,
w h o a r e n o t th in k in g fo r o n e m o m e n t a b o u t th e s to c k h o ld e r s
w h o o w n t h e r o a d , w *h o h a v e n o _ a s s o c i a t i o n s w i t h t h o s e w h o o w n
th e r o a d , b u t w iio s e c lo s e r e la t io n s w it h t h e m e n c a u s e th e m to
a c t s o le ly f o r ih e g o o d o f t h e m e n .
The PRESIDING OFFICER (at 4 o’clock). The time for
voting has commenced.
Mr. SMITH of Arizona. May I, just before the time is up,
a s k permission to have printed in the R e c o r d tw*o letters on
this matter in explanation, in part, of my vote?
The PRESIDING OFFICER. Without objection, permission
is granted.
SESSIONAL RECORD— SENATE.
San X avier D iv is io n , N o. 313,
'"Order of R ailw ay Conductors of A merica ,
.
H
iarcus / A
,
/ S m it h ,
Tucson, Ariz., April 1/f 1912.
_ lited States Senate.
D ear S ir : Division No. 313 of the Order of Railway Conductors of
America lias instructed me to address a communication to you re
spectfully requesting that you support the hill that has been introduced
in the Senate as S. 5382, by Senator S utherland , who was chairman of
the committee appointed to secure an equitable workman’s compensation
law, and in the Douse as IT. R. 20487, by Mr. B rantley , vice chairman.
Our joint national representative. Mr. H. E. Wills, who is now in Wash
ington. will explain to you more fully the time, labor, and expense that
the labor organizations have been to in getting these bills introduced.
Ho not only represents the Order of Railway Conductors, but the
Brotherhood of Locomotive Engineers and the Brotherhood of Railroad
Trainmen as well, and we would deem it as a special favor if you
would make an effort to become acquainted with Mr. W ills. Trusting
that you will give this matter your attention and favorable considera
tion, we are,
’
Yours, truly,
San X avier D ivisio n , N o. 313,
By C. F„ D avant ,
Secretary and Treasurer.
D ewey L odge, No. 460,
B rotherhood of R ailroad T rainm en ,
Tucson, Ariz., April It, 1912.
M r.
Mark
S
m it h
,
Washington, T). C.
D ear S ir : The members of this lodge are very anxious for the pas
sage of workingmen’s compensation act. and favor the bill introduced
in the Senate as S. 5382, by Senator S utherland , and in the House as
H. R. 20487, by Mr. B r a n t l e y .
Any assistance you can give toward the passage of this hill will be
appreciated by the members of this organization.
Thanking, etc.,
[«
e a l .]
,T. I I . H
ig h b a u g ii,
Secretary J O Brotherhood of Railroad Trainmen.
fG ,
Mr. SUTHERLAND. I offer the following amendment: In
section 4, page 2, line 20, after the word “ specified,” insert
“ but this shall not be construed to reduce the length of time
over which payments shall extend wherever specific periods are
herein fixed.”
The PRESIDING OFFICER. The question is on agreeing
to the amendment proposed by the Senator from Utah.
Mr. REED. I want to get the reference.
The S e c r e t a r y . Section 4, page 2, of the bill, after the
word “ specified,” in lines 19 and 20.
Mr. BACON. I should like to have tli Secretary read the
section as it would read when amended, It is impossible to
understand the amendment without the context.
The PRESIDING OFFICER. The section will be read as it
would stand if amended.
The Secretary'. If amended, section 4 will read :
4. That the first 14 calendar days of disability resulting from
any injury shall be excliuled from the period of time for which com
pensation is hereinafter specified, but this shall not be construed to re
duce the length of time over which payments shall extend wherever
specific periods are herein fixed : Provided, however, That during said
14 days the employer shall furnish all medical and surgical aid and
assistance that may be reasonably required, including hospital services.
Sec.
The PRESIDING OFFICER. The question is on agreeing
to the amendment proposed by the Senator from Utah.
The amendment was agreed to.
Air. OVERMAN. Mr. President, in response to the request
of hundreds of thousands of these working men, and in order
that Senators may understand the amendments in the bill, I
move that the further consideration of the bill-----Mr. SUTHERLAND. I make tlie point of order that debate
is not in order.
The PRESIDING OFFICER. Debate is not in order.
Mr. OVERMAN. I move tljat the further consideration of
the bill be postponed until June 4.
The PRESIDING OFFICER. The Chair will remind the
Senator from North Carolina that under the unanimous consent
agreement that motion is to be entertained immediately before
the vote upon the final passage of the bill is taken; so it can
not well be made now.
Mr. OVERMAN. I thought the understanding was that it
could be made at any time before the vote on the final passage
of the bill.
The PRESIDING OFFICER. No; “ immediately before,” as
the Chair understands it. The Chair will have the unanimous
consent agreement rend.
The Secretary read as follows:
It is further agreed that on Monday next, not later than 4 o’clock
p. m., the Senate will proceed, without further debate, to vote upon any
amendment then pending or which may be offered to the said bill, and
upon the bill its e lf; and further, that immediately prior to the time
for taking the vote on the passage of the bill, if a motion then be made
to postpone the further consideration thereof to a day certain, it shall
be entertained.
Mr. OVERMAN. I see I am wrong, Mr. President. Having
made the original proposition and having asked that that ex
ception be made, and that the motion might be made at any
Mat 6,
is not b o w in order.
,M f. CULBERSON,
sthe desk.
The PRESIDING OFFICER. The Senator from Texas offers'
an amendment, which will be read.
The S e c r e t a r y . On page 24, lines 6 to 8, inclusive, strike out
the following:
The findings of the adjuster filed as aforesaid shall be received as
prima facie evidence of the facts herein set forth in any trial before
the court or jury.
the amendment. [Putting the question.] The “ noes ” appear to
have it.
Mr. CULBERSON. I ask for the yens *and nays.
Mr. CLARKE of Arkansas. Mr. President, I think if the
Senator from Utah is heard from about the amendment it will
obviate the necessity of a roll call on agreeing to it.
Mr. SUTHERLAND. If I may be permitted, so far as I can,
I accept that amendment.
The PRESIDING OFFICER. The vote will be taken vive
voce again. Tlie question is on agreeing to the amendment pro
posed by the Senator from Texas.
The amendment was agreed to.
Mr. CULBERSON. I offer another amendment, which I send
to the desk.
The PRESIDING OFFICER. The Chair suggests to the
Senator that it relates to the title, and the title will be con
sidered after the bill has passed.
Mr. CULBERSON. It relates to the title and to section 3
also. They go together necessarily.
The PRESIDING OFFICER. The amendment will be stated.
The S e c r e t a r y . In the title o f the bill strike out the word
“ exclusive ” and insert the word “ optional,” and strike out
section 3 of the bill entirely.
The PRESIDING OFFICER. The question is on agreeing to
the amendment presented by the Senator from Texas. [Putting
the question.] The noes appear to have it.
Mr. SMITH of Georgia. I call for the yeas and nays.
The yeas and nays were ordered.
Mr. BACON. I ask for the reading of the section proposed
to be stricken out.
The PRESIDING OFFICER. The section will be read.
The S e c r e t a r y . It i s p r o p o s e d t o s t r i k e o u t s e c t i o n 3 i n the
fo llo w in g
w ord s:
3. That except as provided herein no such employer shall be
civilly liable for any personal injury to or death of any such employes
resulting from any such accident.
Sec.
The PRESIDING OFFICER. The question is on agreeing to
the amendment, on which the yeas and nays have been ordered.
The Secretary proceeded to call the roll.
Mr. JOHNSTON of Alabama (when Mr. B a n k h e a d ’ s name
was called). I wish to state that the Senator from Texas [Mr.
B a i l e y ] is paired with the Senator from Montana [Mr. D i x o n ] '
The Senator from Alabama [Mr. B a n k h e a d ] is paired with the
Senator from Idaho [Mr. I I e y b t j r n ] . I make tlie announce
ment for the day.
Mr. BURNHAM (when his name was called). I have a gen
eral pair with the junior Senator from Maryland [Mr. Sm ith ]
who is absent. I transfer that pair to the junior Senator from
Illinois [Mr. L o r i m e r ] and vote. I vote “ nay.”
Mr. CRAWFORD (when Mr. G a m b l e ’ s name was called), j
desire to state that my colleague [Mr. G a m b l e ] is necessarily
absent. He has a general pair with the senior Senator from
Oklahoma [Mr. O w e n ] . I am advised that if my colleague were
present he would vote to sustain the committee and against the
amendment.
Mr. BORAH (when Mr. H e y b i j r n ’ s name was called). I qe..
sire to state that my colleague [Mr. H e y b u r n ] is necessarily
absent. As has been stated, he is paired with the Senator from
Alabama [Mr. B a n k h e a d ] . I will allow this statement to stand
for the day.
Mr. CUMMINS (when Mr. K e n y o n ’ s name was called). My
colleague [Mr. K e n y o n ] is necessarily absent from tlie city. \
will allow this statement to stand for every vote save the one
upon the final passage of the bill.
Mr. OWEN (when his name was called). I am paired with
the Senator from South Dakota [Mr. G a m b l e ] . If he were
present, I should vote “ yea.” I withhold my vote.
Mr. OLIVER (when Mr. P e n r o s e ’ s name was called). My
colleague [Mr. P e n r o s e ] is necessarily absent and is paired
with the Senator from Mississippi [Mr. W i l l i a m s ] . If present
my colleague would vote “ nay.” I will allow this statement to
stand for the day.
1912.
setk
e 'f
CONGRESSIONAL RECORD— SENATE.
Mr. RICHARDSON (when his name was called). I have a
general pair with the junior Senator from South Carolina [Mr.
Sm ith ]. In Ids absence I withhold my vote.
Mr. WILLIAMS (when his name was called). I have a gen
eral pair with the senior Senator from Pennsylvania [Mr. P en itosE], but I have just been informed that if he were present
he would vote “ nay.” I therefore desire to vote. I vote “ nay.”
The roll call was concluded.
Mr. FOSTER (after having voted in the negative). I un
derstood that,
the junior Senator from Wyoming [Mr.
W ahkE^T, has not votec^Sflfo^ythdraw my vote.
Mr. RICHARDSON. I w i1 ^ t ^ r ^ n y pair with the junior
lm
Senator from South Carolina [Mr. SM m H .jj) the senior Sen
ator from Pennsylvania [Mr. P enrose ] and vdfe, I vote “ nay.”
The result was announced—yeas 26, nays 52, aT
/
, Asliurst
■ Bacon
Bryan
Culberson
Davis
Fletcher
Gore
Y E A S — 26.
Overman
Hitchcock
.Johnston, Ala.
Paynter
Poindexter
Kern
Beed
Lea
Shively
Marline, N. J.
Simmons
Myers
O’Gorman
Smith, Ariz.
NAYS— 52.
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Catron
Chamberlain
Chilton
Clapp
%
Clark, W yo.
Guggenheim
Johnson, Me.
Clarke, Ark.
.Tones
Crane
Lippitt
Crawford
Cullom
Lodge
McCumher
Cummins
McLean
Curtis
Nelson
Dillingham
Newlands
du Pont
Nixon
Fall
Oliver
Gallinger
Page
Gardner
Percy
Grtmna
NOT V O T IN G — 17.
Heyburn
Owen
Kenyon
Penrose
La Follette
Rayner
Lorimer
Smith, Md.
Martin, Va.
Smith, S. C.
Perkins
Pomerene
Richardson
Root
Sanders
Smith, Mich
Smoot
Sutherland
Thornton
Townsend
Wetmore
W illiam s
Works
Mr. CLARKE of Arkansas. Just at that place I have an
amendment to the amendment to perfect the section. I in
tended to offer it at a later time, but I think I will do so at this
stage.
I move to amend, on page 24 of the last print, by striking out
fill .after the word “ by,” in line 3, down to and including the
word “ exceptions,” in line 4, and insert:
The party filing said exceptions within five days after the service of
the exceptions, then the other party shall have the right for an addi
tional five days to demand a jury on the terms aforesaid, and if neither
party shall demand a jury within the times herein respectively al
lowed—
Then the section goes on to read—
\I
\I
The party filing said exceptions within five days after the service of
the exceptions, then the other party shall have the right for an addi
tional five days to demand a jury on the terms aforesaid, and if
neither party shall demand a jury within the times herein respectively
allowed—
So that if amended it will read:
If a trial by jury is not demanded by the party filing said exceptions
within five days after the service of the exceptions, then the other
party shall have the right for an additional five days to demand a
jury .on the terms aforesaid, and if neither party shall demand a jury
within the times herein respectively allowed, a jury shall he deemed
to be waived, and the court shall thereupon hear and determine the
case without a jury. The findings of the adjuster filed as aforesaid
shall be received as prima facie evidence of the facts therein set forth
any trial before the court or jury.
Where the case is tried by a
jftyy the court may submit special interrogatories, to be answered by
ihS ju r y in the form of a special verdict.
SUTHERLAND. I see no objection to that amendment.
T ® PRESIDING OFFICER. The question is on agreeing to
the sfeendment submitted by the Senator from Arkansas.
Mr.jfetEED. A parliamentary inquiry. That amendment is
offered; as an amendment to the amendment I offered?
Mr.fCLARKE of Arkansas. It is offered as an amendment
to peilject the original text before the Senator proposes to strike
out. ffliat is the parliamentary course. Then will come the
question on the motion to strike out.
M fR E E D . Very well. I merely wished to understand it.
Bailey
T jp PRESIDING OFFICER. The question is on the amend
Bankhead
ment submitted by the Senator from Arkansas [Mr. C l a r k e ] .
Dixon
he amendment was agreed to.
Foster
Gamble
Mr. REED. Now, Mr. President, I offer the amendment
So Mr. C u l b e r s o n ’ s amendment w a s rejected.
which I send to the desk. I desire to modify it, however, to
MtkJREED. I send to the desk an amendment which
...
include rhia
The'PRDiSIDING OFFICER. The amendmenJ^wlt'ITe read.
Thq PRESIDING OFFICER. It will be ^ ‘ The'!ndeiL. ^Tlie
T h e S n c k t a h y . On page L i
. Ja.-r
<• t ;<>- liiil, Secretary will read the amendment as modified.
!’
amend section 14, paragTOfm'fjT^WrTShg out of that paragraph
Mr. REED. So that the entire limitation will be stricken out.
the following words:
J
Mr. LODGE. The question now is to strike out the words as
If a trial by jury is not demanded by either party within five days they have been amended.
after the tiling and service of the exceptions a jury shall he deemed to
The PRESIDING OFFICER. As amended. The Secretary
be waived, and the court shall thereupon hear and determine the^ease
will state the amendment.
Without a jury.
The S e c r e t a r y . It is proposed, in section 14, on page 24, of
Mr. STONE. Let us see how the section would regia if
the reprint of the bill, beginning in line 2 with the word “ If,”
amended as proposed.
The PRESIDING OFFICER. The paragraph will be re|d as to strike out the following w ords:
If a trial by jury is not demanded by the party filing said exceptions
it would read if amended.
within five days after the service of the
The S e c r e t a r y . If a m e n d e d , p a r a g r a p h 4 o f s e c t i o n 14, b e party shall have the right for an additional exceptions, then the a other
five days to demand
jury
on the terms aforesaid, and if neither party shall demand a jury within
g i n n i n g a t the b o t t o m of p a g e 23, would r e a d :
(4) Where exceptions are filed, either party shall have the right,
upon a written demand filed with the clerk, to a trial by jury, upon tfie
claim for compensation under this act, as in cases at common law.
The party making such demand shall at tlic time thereof pay to the
clerk the' sum of $5 as a jury fee. The findings of the adjuster filed
as aforesaid shall he received as prima facie evidence o f the facts
therein set forth in any trial before the court or jury. Where the case
is tried by a jury the court may submit special interrogatories; to be
answered by the jury in the' form of a special verdict.
K\i
Mr. CLARKE of Arkansas. I call the attention of the Sen
ator from Utah to my amendment. Possibly it may not be an
tagonized.
Mr. SUTHERLAND. Let it be read. Let that part of the
section be read as it would read if amended.
The S e c r e t a r y . On page 24, beginning with line 3, after the
word “ by,” strike out the words “ either party within five days
after the filing aud service of the exceptions,” and insert the
w ords:
a jury shall be deemed to be waived, etc.
the times herein respectively allowed a jury shall be deemed to be
waived, and the court shall thereupon hear and determine the cause
without a jury.
SvThe PRESIDING OFFICER. The question is on the a_a
meftt^proposed by the Senator from Missouri.
I 11 TTUI'll! | iGi iiilljrthillimnipW11 H
1
1 ITHl1 iT iii j III amendment.
W
IT
The yeas and nays were ordered, and the Secretary pro
ceeded to call the roll.
Mr. ’ BURNHAM (when his name was called). As before
stated, I have a general pair with the junior Senator from
Maryland [Mr. S m i t h ]. In his absence, I transfer that pair
to tiie junior Senator from Illinois [Mr. L orim e R], and shall
vote. I desire this statement to stand for the remainder of the
day. I vote “ nay.”
Mr. CLAPP (when Mr. D ix o n ’s name was called). The
senior Senator from Montana [Mr. D i x o n ] is paired with the
senior Senator from Texas [Mr. B a i l e y ] . I make that state
ment for the day.
Mr. FOSTER (when his name was called). In the absence
of the Senator from Wyoming [Mr. W arren], with whom I
am paired, I withhold my vote.
Mr. CRAWFORD (when Mr. Gamble’s name was called)
I d e s i r e t h a t t h e s t a t e m e n t m a d e b y me o n t h e former r o l l c a l l
a s t o m y c o l l e a g u e [Mr. G a m b l e ] s h a l l stand d u r i n g a l l t h e
The intention of the amendment is to give the party to file
the exceptions five days in which to demand a jury, and if he
does not do so within five days then the other party shall have
v o te s ta k en th ro u g h th e d a y .
the right to five days.
Mr. SWANSON (when the name of Mr. M a r t i n of Virginia
Mr. REED. Mr. President, as a matter of inquiry, would not
the Senator he willing to let the amendment I offer be voted on was called). I desire to announce that my colleague “[Mr
M a r t i n ] is paired with the junior Senator from Wisconsin
and then offer his later?
Mr. CLARKE of Arkansas. I would be very glad to do so if [Mr. S t e p h e n son ] . I wish this announcement to stand for
the day.
it will not preclude my rights by doing that.
Mr. RICHARDSON (when his name was called). I have a
The PRESIDING OFFICER. The amendment of the Senator
from Arkansas is to perfect the text of the bill, the Chair under general pair with the Senator from South Carolina [Mr.
S m i t h ] . Under the arrangement with the Senator from Mississtands, and that is perfectly in order.
CONGRESSIONAL RECORD— SENA TE.
5952
Mat 6,
sippi [Mr. W i l l i a m s ] , I transfer that pair to the senior Sen' The S e c r e t a r y . It is proposed to add a new section to the
ator from Pennsylvania [Mr. P e n r o s e ] , which will enable both bill, to be numbered section 31-1, as follows:
the Senator from Mississippi and myself to vote. I vote “ nay,”
Sec. 31J. That nothing in this act shall he held, in any manner, to
Mr. WILLIAMS
called). I have a gen deprive any State court of jurisdiction of all common-law and statutory
eral pair with llu*g£fdor Senator from f^nnsyhania [Mr. I’ EN- rtmedies heretofore existing for all cases of negligence occurring upon
any railroad doing business in the State in which said railroad is in
b o s e ],
I trai^tfCT that pair to the juniorSsenator from S ou th corporated, notwithstanding the fact that said railroad at the time is
Carolina [Mr.‘ S m i t h ], and ask that’the pairSfcd the announce engaged in doing an interstate business.
ment stand for the remainder of the day. I v o l t ” nay.”
\
The PRESIDING OFFICER. The Senator from North CaroThe roll call having been concluded, the restfti was
V lina demands the yeas and nays on the amendment.
nounced—yeas 25, nays 53, as follows:
- The yeas and nays were ordered and taken.
Y E A S— 25.
Mr. DILLINGHAM (after having voted 1n fife" negative). I
Ashurst
Smith, Gar
Gronna
O’Gorman
should like to inquire whether the senior Senator from South
Bacon
Stone
Hitchcock
Overman
Carolina [Mr. T i l l m a n ] has voted?
Bryan
Swanson
Johnston, Ala
Paynter
Culberson
Tillman
Kern
The PRESIDING OFFICER. The Chair is informed the
Reed
Davis
Lea
Shively
Senator from South Carolina has not voted.
Fletcher
Mr. DILLINGHAM. Having a general pair with that Sena
Gore
Myers
Smith, Ariz.
tor, I withdraw my vote.
NAYS— 53.
The result was announced—yeas 23, nays 52, as follows:
Borah
Root
Lippitt
Clarke, Ark.
Sanders
Lodge
W
Bourne
Crane
Y E A S — 23.
Bradley
Brandegee
Briggs
Bristow
Brown
Burn ham
Burton
Catron
Chamberlain
Chilton
Clapp
Clark, Wyo.
Crawford
Cullom
Cummins
Curtis
Dillingham
du Pont
Fall
Gallinger
Gardner
Guggenheim
Johnson, Ale.
Jones
AlcCumber
AlcLean
Nelson
Newlands
Nixon
Oliver
Page
Percy
Perkins
Poindexter
Pomerene
Richardson
Bailey
Bankhead
Dixon
Foster
Gamble
NOT VOTING— 17.
Heyburn
Owen
Kenyon
Penrose
Rayner
La Follette
Smith, Aid.
Lorimer
Martin, Va.
Smith, S. C.
Smith, Alich.
Smoot '*
Sutherland
Thornton
Townsend
Watson
Wetmore
Williams
Works
Stephenson
Warren
Gore
Hitchcock
Johnston, Ala.
Kern
Lea
Myers
Simmons
Smith, Ariz,.
Smith, Ga.
Stone
Swanson
N AYS— 52.
Borah
Bourne
Bradley
Brandegee
Brifgs
BrStow
BgjKvn
B'jfPnham
Button
Jjatron
^B efi^lianiberlain
jChilton
Clapp
IN. Mr. President, I offer the amendmen
send to the desk as a proviso to the third section of the bi
The PRESIDING OFFICER. The amendment proposed
the Senator from Georgia will be stated.
The Secretary. It is proposed to add at the end of section
3, on page 2, the following words:
Provided, That it shall be competent for such employer and employee
to stipulate and agree in writing that the liability of the employer to
the employee for any personal injury to or death of such employee
shall he as prescribed in the act of April 22, 1908, entitled “ An act
relating to the liability of common Carriers by railroad to their em
ployees.”
4
O’Gorman
Overman
Paynter
Poindexter
Reed
Shively
Bailey
" jnkhead
ilingham
Clark, Wyo.
Clarke, Ark.
Crane
Crawford
Cullom
Cummins
Curtis
du Pont
Fall
Gallinger
Gardner
Gronna
Guggenheim
Johnson, Me.
Jones
Lippitt
Lodge
AlcCumber
McLean
Nelson
Newlands
Nixon
Oliver
Page
Percy
Perkins
NOT VO TIN G — 20.
Atari in, Va.
Gamble
Martine, N. J.
Heyburn
Owen
Kenyon
Penrose
La Follette
Rayner
Lorimer
Pomerene
Richardson
Root
Sanders
Smoot
Sutherland
Thornton
Townsend
Warren
Watson
Wetmore
Williams
Works.
Smith, Md.
Smith, Mich.
Smith, S. C.
Stephenson
Tillman
Air. Overman ’ s amendment was rejected.
W GULBERSON. I offer tiie amendment which I send to
tl:
desk.'’
?he PRESIDING OFFICER. The Senator from Texas offers
i amendment, which will be stated.
The PRESIDING OFFICER. The question is on the amendThe S e c r e t a r y . Oil page 29, lines 20 and 21, after the word
- >
vmei: t proposed by the Senator from Georgia.
i.. ,*«*
Mr. R-ACONi L ask fAr-th«
oft the n'filFiftfment. “ hundred ” and before the word “ dollars,” it is proposed to
The yeas and nays were ordered, and the Secretary proceeded insert the words “ and fifty,” and in line 21, after the word
“ than,” to strike out “ fifty ” and insert “ seventy-five,” so as
to call the roll.
Air. RICHARDSON (when his name was called). I have to read: ..
For the purpose of such calculation, no employee’s wages shall he con
heretofore announced the transfer of my pair with the Senator
from South Carolina [Mr. S m i t h ] to the senior Senator from sidered to he more than $150 a month or less than $75 a month.
Pennsylvania [Air. P e n r o s e ] , I now make that announcement
The PRESIDING OFFICER The question is on the amend
to stand for the remainder of the day. I vote “ nay.”
ment of the Senator from Texas. [Putting the question.] By
The roll call having been concluded, tike result .was am [the sound the “ noes ” seem to have it.
2?, liiiys oiTas follows:
M r, (
CULBERSON and Air. SAIITH of Georgia demande^The
and
.
X
yeas an nays.
Y E A S— 28.
yeas and nays were ordered, and the Secretary proceeded
ons
The 5
Martine, N. J.
Simmons
Foster
Myers
Gardner
Smith , Ariz.
\ to call 1
the roll.
Gore
O’Gorman
Air. DILLINGHAA1 (when his name was called). I notice
Clarke, Ark.
Hitchcock
Overman
Stone
he absence from the Chamber of the distinguished Senator from
Culberson
Johnston, Ala.
Paynter
Swanson
Davis
Kern
Reed
Tillman
.outh Carolina [Air. T i l l m a n ] . Having a pair w ith him I withFletcher
Lea
Watson
Shively
Id my vote.
NAYS— 51.
The roll call having been concluded, the result was anBorah
Clark, Wyo.
Jones
Richardson
[unced—yeas 27, nays 50, as follow s:
Bourne
Crane
Lippitt
Iioot
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Catron
Chamberlain
Chilton
Clapp
Bailey
Bankhead
Dixon
Gamble
Crawford
Lodge
Cullom
AlcCumber
Cummins
AlcLean
Curtis
Nelson
Dillingham
Newlands
du Pont
Nixon
Fall
Oliver
Gallinger
Page
Gronna
Perkins
Guggenheim
Poindexter
Johnson, Me.
Pomerene
NOT VOTING— 16.
Heyburn
Alartin, Va.
Owen
Kenyon
Penrose
La Follette
Percy
Lorimer
Sanders
Smith, Alich.
Smoot
Sutherland
Thornton
Townsend
Warren
Wetmore
Williams
Works
Rayner
Smith, Md.
Smith, S. C.
Stephenson
....
So Mr. B a c o n ’ s amendment was rejected!
Air. OVERAIAN. I send forward an amendment, and on its
adoption I ask for the yeas and nays.
The PRESIDING OFFICER. The Senator from North Caro
lina offers an amendment, which the Secretary will state.
Y E A S — 27. •
Bprah
burne
radley
brandegee
Briggs
Bristow
Brown
iBurnham
Burt on
Catron
Chamberlain
Chi iten
Clapp
Hitchcock
Overman
Johnston, Ala.
Paynter
Kern
Poindexter
Lea
Pomerene
Martine, N. J.
Reed
Myers
Shively
O’Gorman
Simmons
N A Y S — 50.
Clark, Wyo.
Guggenheim
Johnson, Me.
Clarke, Ark.
.Tones
Crane
Crawford
Lippitt
Cullom
Lodge
Cummins
AlcCumber
Curtis
AlcLean
du Pont
Nelson
Fall
Newlands
Foster
Nixon
Gallinger
Oliver
Gardner
P age'
Gronna
Percy
Smith, Ariz.
Smith, Ga.
Stone
Swanson
Watson
W illiam s
Perkins
Richardson
Root
Sanders
Smoot
Sutherland
Thornton
Townsend
Warren
Wetmore
Works
1912.
Bailey
Bankhead
Dillingham
Dixon
Gamble
U O N G R E S S IQ N A L
NOT V O T IN G — 18.
Heyburn
Owen
Kenyon
Penrose
La Follette
Rayner
Lorimer
Martin, Va.
Smith, S. C.
Stephenson
Tillman
So Mr. C u l b e r s o n ’ s amendment was rejected.
Mr. REED. I offer tlie amendment I send to the desk.
The S ecretary . On page 29, lines 20 and 21, after the wo,
“ hundred,” insert “ and twenty-five ” ; on page 29, line 21,
after the word ” than,” strike out “ fifty ” and insert “ sev^i
five,” so that if amended it will read:
For the purpose of such calculation, no employee’s wages s
considered to be more than $125 a month or less than $75 a mo:
The PRESIDING OFFICER. The question is on agre
. the amendment proposed by the Senator from Missouri.
Mr. REED. On that I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretar
ceeded to call the roll.
Mr. DILLINGHAM (when his name wns called). Agfein I
announce my pair, and I withhold my vote. If the Senator
from South Carolina [Mr. T il l m a n ] were present, F-would vote
: nay.”
The result was announced—yeas 26, nays 51, as follows:
%
YEAS— 2G.
Ashurst
Bacon
Bryan
Culberson
Davis
Fletcher
Foster
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Catron
Chamberlain
Chilton
Clapp
O’Gorman
Gore
Overman
Hitchcock
Paynter
Johnston, Ala.
Poindexter
Kern
Lha
Reed
Shively
Martine, N. J.
Simmons
Myers
N A Y S — 51.
Johnson, Me.
Clark, Wyo.
Jones
Clarke, Ark.
Lippitt
Crane
Lodge
Crawford
McCumber
Cullom
McLean
Cummins
Nelson
Curtis
Nixon
du Pont
Fall
Oliver
Gallinger
Page
Gardner
Percy
Gronna
Perkins
Guggenheim
Pomerene
NOT V O TIN G — 18.
Heyburn
Newlands
Kenyon
Owen
La Follette
Penrose
Lorimer
Rayner
Martin, Va.
Smith, Md. -
Smith, Ariz.
Smith, Ga.
Stone
Swanson
W atson
Richardson
Root
Sanders
Smith, M ich.
Smoot
Sutherland
Thornton
Townsend
Warren
Wetmore
W illiam s
W orks
R E C O R D —
5953
S E N A T E .
Mr. DU PONT (after having voted in the negative).
I have
: observe fie lias not voted, I withdraw my vc
vas announced--yeas 29, nays 45, as follows
ber Ao n ] .
Y E A S — 29.
Gore
Myers
Grontfa
O’Gorman
Overman
Hitchcock
Johnson, Me.
Paynter
Johnston, Ala.
Pomerene
Kern
Reed
Lea
Shively
Martine, N. J.
Simmons
N A Y S — 45.
Clark, W yo.
McCumber
Crane
McLean
Nelson
. Crawford
Cullom
Newlands
Cummins
Nixon
Oliver
Curtis
Fall
Page
Foster
Percy
Guggenheim
Perkins
Jones
Poindexter
"L ip p itt
Richardson
Root
Lodge
NOT V O T IN G — 21.
Martin, Va.
du Pont
Owen
Gamble
, Penrose
Heyburn
Rayner
Kenyon
Smith, Md.
La Follette
Smith, Mich.
Lorimer ..........................
...........
Ashurst
Bacon
Bryan
|,£hilton
savis
JEetcher
Gallinger
Gardner
p.h
rno
dlcy
ndegee
, 5gs
ristow
rown
Burnham
Burton
Catron
Chamberlain
Clapp
Bailey
Bankhead
Clarke, Ark.
^iCulberson
Dillingham
Dixon
Smith, Ariz.
Smith, Ga.
Stone.
W atson
W illiam s
Sanders
Smoot
Sutherland
Swanson
Thornton
Townsend
Warren
Wetmore
W orks
Smith, S. C.
Stephenson
Tillman
So M r. P om eren e ’ s am endm ent w as rejected.
Mr. POMERENE. I offer the following amendment, to come
in on page 33, at the conclusion of line 12, as a proviso:
The PRESIDING OFFICER. The Senator from Ohio sub
mits an amendment, which will be read.
: The S ecretary . On page 33, after the word “ subdivision,”
iat the end of line 12, insert the following proviso:
| Provided, however, That nonresident dependents living in foreign
countries not contiguous to the United States shall have the same
rights hereunder as resident dependents, if those countries accord to
Vhe nonresident dependents of their employees the same rights as are
given to their resident dependents.
I Mr. POMERENE. On that amendment I ask for the yeas
and nays.
The yeas and nays were ordered, and the Secretary proceeded
Bailey
Smith, S. C.
to call the roll.
Bankhead
Stephenson
| Mr. DU PONT (when his name was called). I have a gen
Dillingham
Tillm an
Dixon
1 eral pair with the senior Senator from Texas [Mr. C ulberson ].
Gamble
As lip iS'Bdt'dff "the Chamber, I withhold hay, vote.
So Mr. R eed’s amendment was rejected.
Tlie roll call having been concluded, the result was an
Mr. CULBERSON. There is one other amendment which 1 nounced—yeas 29, nays 44, as follow s:
propose.
Y E A S — 29.
The S ecretary . On page 2, lines 2 and 3, strike out the Ashurst
Gronna
O’Gorman
Bacon
Hitchcock
Overman
Words “ arising out of an-d in the course o f his employment.”
Johnson, Me.
Paynter
Bryan
The PRESIDING ’ OFFICER" The question j s on agreeing to Chilton
Johnston, Ala.
Pomorene
Kern
Reed
Davis
the amendment proposed by the Senator from Texas.
Lea
Shively
Fletcher
The amendment was rejected.
Martin, N. J.
Simmons
Mr. POMERENE. I offer an amendment. I move to strike Gardner
Myers
Smith, Ariz.
Gore
out, beginning with line 17, on page 32, and ending with line
N A Y S — 44.
12, on page 33, both lines inclusive. The purpose is to do awajt,
Clapp
Lippitt
Richardson
Clark, W yo.
Lodge
Root
with the discrimination between resident and nonresident de-y
Crane
McCumber
Sanders
pendents.
Crawford
McLean
Smith, Mich.
The S ecretary . On page 32 it is proposed to strike out sub
Cullom
Nelson
Smoot
Cummins
Nixon
Sutherland
section 7 of section 21, which reads as follow s:
Curtis
Oliver
Thornton
(7 ) The foregoing subdivisions of this clause (A ) shall apply only
to dependents who at the time of the death of the deceased employee
are actual residents of the United States or contiguous countries, except
(a) if the nonresident dependent he a widow and there be no resident
child or children entitled to compensation under this act, there shall
be paid to her a lump sum equal to one year’s wages of the deceased
employee, as hereinbefore defined and limited, for the benefit of herself
and nonresident children, if a n y ; (b) if the nonresident dependent be a
child or children under the age of 16 years and there be no widow,
resident or nonresident, and no resident children entitled to compensation
under this act, there shall be paid to such nonresident child or children
a like lump sum to be divided among them share and share alik e; it
.being the intention of the foregoing to exclude from the benefits of this
act any such nonresident widow, child, or children, if there be any resi
dent child or children entitled to compensation under this act, and to
exclude from the benefits of this act all other resident dependents if
there be any nonresident widow, child, or children entitled to take
under the provisions of this subdivision.
The PRESIDING OFFICER. Tbe question is on agreeing
tlie amendment proposed by the Senator from Ohio,
v Mr. POMERENE. On that I ask for the yeas and nays. J L
'^Qie yeas and nays were ordered, and the Secretar y jirqueeaed
,n
Mr. DILLTmTHAfP fw h e n -M # "filfw a s called). Not know
ing whether the Senator from South Carolina [Mr. T il l m a n ]
intends to return to the Chamber this afternoon, I make tlie
announcement of my pair with him and will let it stand on all
questions in connection with this bill until he returns.
The roll call was concluded.
iley
akhead
rke, Ark.
Cilberson
D lingham
D fjo n
. .
Fall
Page
Gallinger
Percy
Guggenheim
Perkins
Jones
Poindexter
NOT V O TIN G — 22.
du Pont
Lorimer
Foster
Martin, Va.
Gamble
Newlands
Heyburn
Owen
Kenyon
Penrose
La Follette
Rayner
Townsend
Warren
Wetmore
Works
Smith, Md.
Smith, S. C.
Stephenson
Tillman
/
gq> Mr. I*0M
ERENE’s amendment was rejected.
•
Mr HITCHCOCK. I offer the following amendment. •
.
The PRESIDING OFFICER. The .amendment will be stated.
The S ecretary . On page 31, line 19, after the word “ years ”
the reprint, insert:
But any female child shall continue to receive her share until sho
reaches 20 years of age, unless sooner married.
So that if amended the paragraph will read:
(4) In the event of the death or remarriage of a widow receiving
payments under subdivision (2) of this clause, the amounts stated in
subdivision (3) shall thereafter be paid to the child or children of the
deceased employee therein specified for the unexpired part of the period
o f eight years from the date of the employee’s death, but to continue
in any event until the youngest child shall have attained the age of
16 years, but any female child shall continue to receive her share "until
she reaches 20 years of age, unless sooner married, subject to the pro
visions of subdivision (9 ) of this clause ( A ) .
CONGRESSIONAL RECORD— SENATE
The PRESIDING OFFICER. The question is on agreeing to
the amendment p r o p ^ d F.ytbe Senator from Nebraska. [Puting the quqaiii©nrt' The noes seem to bave it,
Mr. HITCHCOCK. I ask for tlie yeas and days.
The yeas and nays were ordered; and, being taken, resulted—
yeas 30, nays 47, as follows:
Ashurst
Bacon
Bryan
Culberson
Davis
Fletcher
Gardner
Gore
Y E A S — 30.
Hitchcock
Overman
Johnson, Me.
Paynter
Johnston, Ala.
Poindexter
Kern
Pomerene
Lea
Reed
Martine, N. J.
Shively
Myers
Simmons
O’Gorman
Smith, Ariz.
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Catron
Chamberlain
Clapp
Clark, Wyo.
Crane
Crawford
Cullom
Cummins
Curtis
Dillingham
du Pont
Fall
Gal linger
Gronna
Guggenheim
Bailey
Bankhead
Chilton
Clarke, Ark.
Dixon
NOT VOTING— 18.
Foster
Lorimer
Gamble
Martin, Va.
Heyburn
Owen
Kenyon
Penrose
Rayner
La Follette
N AYS— 47.
Jones
Lippitt
Lodge
McCumber
McLean
Nelson
Newlands
Nixon
Oliver
Page
Percy
Perkins
Smith, Ga,
Stone
Swanson
Tillman
Watson
Williams
i
;
The party making such demand shall at the time thereof pay to the
clerk the sum of $5 as a jury fee.
The PRESIDING OFFICER. The question is on agreeing
to the amendment proposed by the Senator from Alabama. \
The amendment was rejected.
Mr. KERN. I offer the following amendment.
The PRESIDING OFFICER. The amendment will be stated.
The S e c r e t a r y . Amend section 21 by striking out the word
“ forty,” in line 20, page 30, and inserting in lieu thereof
the word “ fifty,” so as to read :
(1) If the deceased employee leave a widow and no child under the
age of 16, and no dependent child over the age of 16, there shall be
paid to the widow 50 per centum of the monthly wages of the deceased.
Mr. KEEN. On that I ask for the yeas and nays.
The yeas and nays were ordered; and, being taken, resultedyeas 28, nays 50, as follow s:
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Catron
Chamberlain
Chilton
Clapp
Bailey
Bankhead
Clarke, Ark.
Dixon
Foster
Y EAS— 28.
Gore
O’ Gorman
Hitchcock
Overman
Johnston, Ala.
Paynter
Kern
Poindexter
Pomerene
Lea
Martine, N. J.
Reed
Myers
Shively
N AY S— 50.
.Tones
Lippitt
Lodge
McCumber
McLean
Nelson
Newlands
N ixon
Oliver
Page
Percy
Perkins
Richardson
NOT VOTING— 17.
Gamble
Martin, Va.
Ileyburn
Owen
Kenyon
Penrose
La Follette
Rayner
Lorimer
Smith, Md.
Clark, Wyo.
Crane
Crawford
Cullom
Cummins
• Curtis
Dillingham
du Pont
Fall
Gallinger
Gronna
Guggenheim
Johnson, Me.
g :
Smith, S. C.
Stephenson
So M r . K e r n ’ s a m e n d m e n t w a s r e j e c t e d .
Mr. CLARKE of Arkansas. Mr. President, I offer the amend*
ment which I send to the desk as a proviso at the end of sub-%
division 3, section 14, on page 23. I call the attention of the
Senator from Utah [Mr. S u t h e r l a n d ] to the amendment.
The PRESIDING OFFICER. The Senator from Arkansas
submits an amendment, tvhich will be stated.
The PRESIDING OFFICER. The question is on the amend
ment proposed by the Senator from Indiana.
Mr. KERN and Mr. SMITH of Georgia called for the yeas
and nays on the amendment.
'’The yeas and nays were ordered; and, being taken, resulted—.
yeas 29, nays 49, as follows:
Ashurst
Bacon
Bryan
Chilton
Culberson
Davis
Fletcher
Gardner
Y E A S— 29.
Gore
Overman
Hitchcock
Paynter
Johnson, Me.
Poindexter
Johnston, Ala.
Pomerene
Kern
Reed
Shively
Lea
Myers
Simmons
O’Gorman
Smith, Ariz.
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Catron
Chamberlain
Clapp
C la r k , Wyo.
Crane
Crawford
Cullom
Cummins
Curtis
Dillingham
du Pont
Fall
Foster
Gallinger
Gronna
Guggenheim
Jones
Bafiey
Badkhead
Cla ke, Ark.
Dixpn
Gamble
NOT VO TIN G — 17.
Heyburn
Martine, N. J.
Kenyon
Owen
La Follette
Penrose
Lorimer
Rayner
Martin, Va.
Smith, Md.
N AY S— 49.
Lippitt
Lodge
McCumber
McLean
Nelson
Newlands
Nixon
Oliver
Page
Percy
Perkins
Richardson
Root
Smith, Ga.
Stone
Swanson
Tillman
Watson
Sanders
Smith, Mich.
Smoot
Sutherland
Thornton
Townsend
Warren
AVetmore
Williams
Works
Smith, S. C.
Stephenson
J£ern's amendment was rejected.
1 v. KERN. I now offer the amendment which I send to the \
des u
\
The PRESIDING OEFICER. The amendment proposed by
the? Senator from Indiana will be stated.
r h e Secretary. It is proposed to strike out, in section 21,
i
subdivision 3, of clause (A), on page 31, lines 1 to 11, inclusive]
and to insert the following:
Simmons
Smith, Ariz.
Smith, Ga.
Stone
Swanson
Tillman
Watson
Root
Sanders
Smith, Mich.
Smoot
Sutherland
Thornton
Townsend
Warren
Wetmore
Williams
Works
Provided, That if the employer shall file exceptions to the findings
of the adjuster, and shall not on the trial de novo in the district court
reduce the amount awarded by the adjuster to the employee, there shall
be added by the court when judgment is entered on the finding of the
court or the verdict of the jury cn the trial in said district court, 25
per cent on the sum awarded to the employee by said court in its find
ings or by the verdict.
Provided, That if such deceased employee shall leave more than four
children under the age aforesaid, or dependent as aforesaid, said pay
ment shall be increased 10 per cent for each of such additional chil
dren, not exceeding in all 80 per cent of such total monthly wages.
So Mr. H i t c h c o c k ’ s amendment w a s rejected.
Mr. JOHNSTON of Alabama. I offer the following amend
ment.
.5
The PRESIDING OFFICER. The amendment will be stftted.
The S e c r e t a r y . On page 23, line 25, strike out all, after
the word “ law,” and, on page 124, strike out all, in lines 1
and 2 to the word “ if,” striking out the following words: t
Ashurst
Bacon
Bryan
Culberson
Davis
Fletcher
Gardner
The S e c r e t a r y . On page 23, line 21, at the end of subdivision
3, after'the word “ judgments,” it is proposed to insert the fol
lowing proviso:
Mr. SUTHERLAND. I see no objection to that amendment.
The PRESIDING OFFICER. The question is on agreeing to
the amendment.
The amendment was agreed to.
Mr. KERN. I have some other amendments which I desire
to offer. I send an amendment to the desk and ask that it be
stated.
The PRESIDING OFFICER. The amendment proposed by
the Senator from Indiana will be stated.
The S e c r e t a r y . On page 30, line 20, paragraph 2^of sub
division A, section 21, after the word “ deceased,” it is proposed
to insert:
Richardson
Root
Sanders
Smith, Mich.
Smoot
Sutherland
Thornton
Townsend
Warren
Wetmore
Works
Smith, Md.
Smith, S. C.
Stephenson
May 6
(fe) If the deceased employee leave any child under the age of 16
or dependent child over the age of 16, but no widow, there shall be
paic], if one such child, one-tliird of the monthly wages of the deceased
to such child, and if more than one such child. 10 per cent additional
for each of such children, not exceeding a total of 80 per cent of the
monthly wages of the deceased, divided among such children, share and
share a lik e : Provided, That such payments to said children shall con
tinue until they severally reach the age of 16 years, and in the case
of female children as hereinafter provided in section 27 : And provided
further, That as the number of children entitled to payment shall be
suliBequently reduced by reaching the age limit as herein fixed, or other
wise, the amount of the payments shall be correspondingly diminished.
/rile PRESIDING OFFICER. Tbe question is on the amend
ment proposed by tbe Senator from Indiana.
Mr. KERN. I ask for tbe yeas and nays on tbe amendment.
Tbe yeas and nays were ordered; and, being taken, re
sulted—yeas 25, nays 50, as follows :
Hitchcock
Kern
Lea
Myers
O’Gorman
Overman
Paynter
Y E A S — 25.
Poindexter
Pomerene
Reed
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Stone
Swanson
Tillman
Watson
CONGRESSIONAL RECORD— SENATE.
COXGJ
1912.
N A Y S— 50.
Johnson, Me.
Jones
Lippitt
Lodge
McCumber
McLean
Nelson
Nixon
Oliver
Page
Percy
Perkins
Richardson
Borab
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Catron
Chamberlain
Chilton
Clapp
Clark, W yo.
Crane
Crawford
Cullom
Cummins
Curtis
Dillingham
du Pont
Fall
Gallinger
Gardner
Gronna
Guggenheim
Bailey
Bankhead
Clarke. Ark.
Dixon
Foster
Gamble
Heyburn
•Tohnston, Ala.
Kenyon
La Follette
NOT VO T IN G — 20.
Lorimer
Martin, Va.
Martine, N. J.
Newlands
Owen
.
Root
Sanders
Smith, Mich.
Smoot
Sutherland
Thornton
Townsend
Warren
Wetmore
W illiam s
Works
Penrose
Rayner
Smith, Md.
Smith, S. C.
Stephenson.
So Mr. K ern ’s amendment was rejected.'
Mr. KERN. I have one more amendment, which r now offer.
The PRESIDING OFFICER. The Senator from Indfitna
offers an amendment, which will be stated.
^
The S e c r e t a r y . It is proposed to amend section 21 by strik
ing out the words “ seventy-two months,” in line 13, page 35,
and inserting in lieu thereof the words “ ninety-six months.”
The PRESIDING OFFICER. The question is on the amend
ment.
Mr. REED. I ask for a roll call.
Mr. KERN. I ask that the clause be read as it will appear
if amended.
The PRESIDING OFFICER. The Secretary will read as
requested.
The Secretary read as follows:
The permanent and complete loss of hearing in both ears, 96 months.
Mr. KERN. I ask for the yeas and nays.
The yeas and nays were ordered; and, being taken, resulted—
yeas 28, nays 49, as follows :
Asliurst
Bacon
Bryan
Culberson
Davis
Fletcher
Gardner
Y E A S — 28.
Gore
O'Gorman
Hitchcock
Overman
Johnston, Ala.
Paynter
Kern
Poindexter
Lea
Pomerene
Reed
Martine, N. J.
Myers
Shively
N A Y S — 49.
Jones
Lippitt
Lodge
McCumber
McLean
Nelson
Nixon
Oliver
Page
Percy
Perkins
Richardson
Root
Simmons
Smith, Ariz.
Smith, Ga.
Stone
Swanson
Tillman
W atson
5955
And inserting in lieu thereof the following:
The term “ dependent child ” shall be construed to mean a child that
is wholly or in part dependent for its livelihood or education upon the
financial assistance of the person injured.
The PRESIDING OFFICER. On the amendment the Senator
from Missouri demands the yeas and naya
The yeas and nays were ordered; and, being taken, resulted—1
yeas 27, nays 49, as follows:
i *
Afchurst
Bacpn
Bryan
Culberson
Davis
Fletcher
Foster
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
,Brown
urnham
[urton
tron
C&amberlain
Cftilton
Cllpp
Bailey
Bahkhcad
C14rke, Ark.
Di$on
Ga’inlile
Y E A S — 27.
Gardner
O’Gorman
Gore
Overman
Johnston, Ala.
Paynter
Kern
Poindexter
Lea
Pomerene
Martine, N J.
Reed
Myers
Shively
N A Y S — 49.
Clark, W yo.
Jones
Crane
Lippitt
Lodge
Crawford
Cullom
McCumber
McLean
Cummins
Nelson
Curtis
Dillingham
Nixon
Oliver
du Pont
Page
Fall
Percy
Gallinger
Perkins
Gronna
Richardson
Guggenheim
Root
Johnson, Me.
NOT VO T IN G — 19.
Martin, Va.
Heyburn
Newlands
Hitchcock
Owen
Kenyon
Penrose
La Follette
Rayner
Lorimer
Simmons
Smith, Ariz.
Smith, Ga.
Stone
Swanson
W atson
Sanders
Smith, Mich.
Smoot
Sutheri and
Thornton
Townsend
Warren
Wetmore
W illiam s
Works
Smith, Md.
Smith, S. C.
Stephenson
Tillman
§o Mr. R eeiv’s amendment was rejected.
fir. REEDv -U | e r a n a ™ n d m e n t aW]. caM ttie attentio
_
the Senator from TTtah i?) it, TTTTeing an amendment that he
practically accepted the other day.
The PRESIDING OFFICER. The amendment will be stated.
The S e c r e t a r y . On page 2 3 , after the amendment already
agfeed to at that point, offered by the Senator from Arkansas
[Mr. C l a r k e ] , it is proposed to insert:
The evidence produced before the adjuster shall be taken in writing
or in shorthand, and shall be, in case of appeal from the finding of the
adjuster, transcribed and duly authenticated and filed with the clerk of
the United States court, and may be thereafter read in evidence in any
futfire hearing or trial in said cause under the same circumstances and
with the same force and effect as a deposition may now be read in
sui|s at law.
dr. SUTHERLAND. I suggest that it be amended by adding
word “if ” ; so as to read, “ if the evidence * * * shall
taken.”
he PRESIDING OFFICER. Debate is not in order.
,!r. SUTHERLAND. That if the testimony shall be taken in
shorthand it may be used, and then I shall have no objection,
but I do not think we ought to compel the taking of testimony
in Shorthand before the adjuster.
Mr. REED. I will accept the modification suggested by the
Senator.
The PRESIDING OFFICER. The Chair will suggest that
NOT V O T IN G — 18.
technically this amendment is not in order, it being an amend
Martin, Va.
Smith, Md.
Gamble
Bailey
ment to an amendment which has been agreed to as in Commit
Newlands
Smith, S. C.
Heyburn
Bankhead
Owen
Stephenson
tee of the Whole, but it can be offered in the Senate. Perhaps
Konvon
Clarke, Ark.
Penrose
Dixon
La Follette
meanwhile it may be perfected. Does the Senator withdraw the
Rayner
Foster
Lorimer
amendment for the present?
So Mr. K e r n ’ s amendment was rejected.
Mr. REED. I ask now to change the amendment by insert
Mr. WILLIAMS. I move to strike out “ four,” in line 10, on ing in the amendment the word “ if,” and offer it in that way.
page 31, and substitute for it the word “ three.”
The PRESIDING OFFICER. The Secretary will report the
The S e c r e t a r y . On page 31, line 10, it is proposed to strike amendment as modified. It is suggested to the Chair that the
out “ four ” and insert “ three,” so as to read :
amendment would more properly come before the other amend
Provided, That if the number of children entitled to payment be sub ment than after it.
sequently reduced to less than three, the amount of the payments shall
Mr. REED. I offer it with reference to the bill and not the
be correspondingly diminished.
amendment.
The S e c r e t a r y . On page 23, line 21, after the word “ judg
The PRESIDING OFFICER. The question is on agreeing to
the amendment proposed by the Senator from Mississippi. [Put ments,” insert:If the evidence produced before the adjuster shall be taken in w ritting the question.] The noes seem to have it.
in " or in shorthand, it shall be, in case of appeal from the finding of
Mr. MYERS. I ask for the yeas and nays.
the adluster, transcribed and duly authenticated and filed with the
The yeas and nays were not ordered.
clerk of the United States court, and may be thereafter read in evidence
in any future hearing or trial in said cause under the same circum
The amendment was rejected.
stances and
the
■ Mr. REED. I send to the desk an amendment, and upon it I read in suits withlaw. same force and effect as a deposition may now be
at
ask for the yeas and nays. I have several other amendments,
The PRESIDING OFFICER. The question is on agreeing to
but I shall not ask for the yeas and nays upon the others.
The PRESIDING OFFICER. The Senator from Missouri the amendment as modified.
The amendment as modified was agreed to.
offers an amendment, which will be stated.
Mr. REED. I offer the amendment I send to the desk.
The S e c r e t a r y . Amend section 27, page 42, by striking out
The S e c r e t a r y . Amend section 13, paragraph 9, page 19,
lines 1 to G inclusive, as follows:
,
of the last print, by adding at the end of said paragraph the
The term “ dependent child over the age of 16 years,” wherever it
occurs in this act, or any reference to such child, shall be construed to follow ing:
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Catron
Chamberlain
Chilton
Clapp
Clark, W yo.
Crane
Crawford
Cullom
Cummins
Curtis
Dillingham
du Pont
Fall
Gallinger
Gronna
Guggenheim
Johnson, Me.
Sanders
Smith, Mich.
Smoot
Sutherland
Thornton
Townsend
Warren
Wetmore
W illiam s
Works
mean a dependent child over the age of 16 years unable to earn a livli
by reason of mental or physical incapacity or a female child undej “
age of 20 years, unless sooner married.
That no costs shall be taxed against the employee if the adjuster or
the court shall find as a fact that the refusal of the employee to accept
the amounts offered was not unreasonable or unjustifiable.
CONGRESSIONAL RECORD— SENATE.
505G
M a y 6.
employer
Mr. SUTHERLAND. I have no objection to the amendment. said claim that shall not be permitted to deny, in any legal procedure
the
said injury was received by such employee while em
The amendment was agreed to.
ployed in such commerce.
Mr. REED. I offer the following amendment, and I call the
Tbe PRESIDING OFFICER. The question is on agreeing
attention of the Senator from Utah to it.
to tbe amendment submitted by tbe Senator from Georgia.
The PRESIDING OFFICER. The Senator from Missouri
Tbe amendment was rejected.
submits an amendment, which will be read.
Tbe PRESIDING OFFICER. Tbe Senator from Georgia
The S e c r e t a r y . On page 30, amend section 21 by adding offers tbe following amendment, wbicb will be read.
at the end thereof the following words:
Mr. SMITH of Georgia. I will skip tbe next two amend
Whenever it shall appear that the injury was occasioned, or directly ments, and as tbe next one bas been agreed to I will go down
contributed to, by the failure or neglect of the employer to provide the
safety appliances required by the laws of Congress, then there shall be to line 9.
added to the sums provided to be paid under this bill 25 per cent.
Tbe PRESIDING OFFICER. Tbe next amendment will be
The PRESIDING OFFICER. The question is on agreeing to stated.
The Secretary. On page 22, section 14, at tbe end of line 11,
the amendment of the Senator from Missouri. [Putting the
after tbe word “ payment,” insert the following proviso;
question.] The noes appear to have it.
Provided, That where an employee institutes suit for an injury
Mr. MYERS. I ask for the yeas and nays.
claiming that same did.not take place while he was employed in inter
The yeas and nays were not ordered.
state or foreign commerce and fails to recover in such suit, the limi
The amendment was rejected.
tation of the time for his right to proceed under this act shall begin
Mr. SM-ITII of Georgia. I ask the Secretary to turn to the with the termination of such suit, and not with the time when the
printed amendments that I have submitted and takd them in injury to him occurred.
Mr. SMITH of Georgia. After tbe word “ suit,” where it
their order.
The PRESIDING OFFICER. The first amendment submitted occurs in tbe fourth line of tbe paragraph, I move to add “ on
by the Senator from Georgia will be read.
tbe ground be was employed in interstate commerce,” so that
The S e c r e t a r y . At the top of page 2 of the proposed amend tbe proviso will read “ that where an employee institutes,” and
ments, amend the bill by adding at the close of section 5 the so forth, “ and fails to recover in such suit on tbe ground be
following proviso:
was employed in interstate commerce.”
Provided, That if the employee elects to furnish his own physician or
Mr. SUTHERLAND. I suggest to the Senator from Georgia
surgeon to care for himself he may recover from his employer such
that if be would let bis amendment read “ upon tbe ground
expenses incurred therefor by him as are reasonable and just.
that be was engaged in such commerce ” it would refer to both
The PRESIDING OFFICER? The~quesfRffi'"l»*«i^ agreeing interstate and foreign commerce.
to the amendment proposed by the Senator from Georgia
Mr. SMITH of Georgia. I will accept that modification, and
The amendment was rejected.
T^p PRESIDING OFFICER. The Senator from Georgia sub say “ in such commerce.”
Mr. SUTHERLAND. I see no objection to that amendment.
mits the following amendment, which will be read.
*^rbe PRESIDING OFFICER. Tbe question is on agreeing
/ Mr. SMITH of Georgia. And on this amendment I ask for toMbe amendment proposed by tbe Senator from Georgia as
. the yeas and nays.
The S e c r e t a r y . After line 1G, on page 4, section 7, add the modified.
Tli§ amendment as modified was agreed to.
following proviso:
Mr. ..SMITH of Georgia. I requested tbe Secretary to begin
Provided, That where it is made to appear that the employer, through
its officers and agents, had received knowledge of the accident within 30 on lin$ 9 on that page. He skipped an amendment on page 3
days after the happening thereof no notice whatever shall be required to of my amendments.
be given of the action by the employee to the employer.
Tbe PRESIDING OFFICER. Will tbe Senator from Georgia
The PRESIDING OFFICER. The Senator from Georgia de state the amendment?
mands the yeas and nays on agreeing to the amendment.
Mu? SMITH of Georgia. After tbe word “ require,” in sec
tion 13, paragraph 9, line 11, insert tbe words:
1
<,T-Uly^ fr o U 11i,vs werfi
The reasonable attorney's fees of the employee shall be taxed as cost
Mr. DILLINGHAM (when his name was called). The senior against the defendant by the adjuster or by the court.
Senator from South Carolina [Mr. T i l l m a n ] has left the
The PRESIDING OFFICER. Tbe Chair is of opinion that
Chamber for the afternoon. A-s I have a general pair with that as tbe Senator bad bis amendment reprinted quite likely the
Senator, I Sjha41withhold my vote on all the, subsequent amend Secretary has not tbe same draft tbe Senator bas.
ments to the bill.
Tbe S e c r e t a r y . On page 3, of the reprint, beginning with
Tfip- roll call having been concluded, the result was
line 3, the amendment to come in on page 19, paragraph 9, of
lioiuleed—yeas 23, nays 49, as follows :
section 13, after tbe word “ require,” insert the words:
/
Bacon
Bryan
^Chilton
Culberson
Davis
Fletcher
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Catron
Chamberlain
Clapp
Clark, Wyo.
Foster
Hitchcock
Kern
Lea
Myers
O'Gorman
Y E A S— 23.
Overman
Paynter
Pomerene
Reed
Shively
Simmons
N A Y S— 49.
Lippitt
Crane
Lodge
Crawford
Cullom
McCumber
McLean
Cummins
' Curtis
Martine, N. J.
du Pont
Nelson
Fall
Nixon
Gallinger
Oliver
Gardner
Page
Gronna
Percy
Guggenheim
Perkins
Johnson, Me.
Poindexter
Jones
Richardson
NOT VOTING— 23.
Gamble
Lorimer
Gore
Martin, Va.
Heyburn
Newlands
Johnston, Ala.
Owen
Kenyon
Penrose
La Follette
Raynor
Smith, Ariz.
Smith, Ga.
Swanson
Watson
Williams
Root
Sanders
Smith, Mich.
Smoot
Sutherland
Thornton
Townsend
Warren
Wet more
Works
The reasonable attorney's fees of the employee shall be taxed as cost
against the defendant by the adjuster or by the court.
\ Tbe PRESIDING OFFICER. The question is on agreeing
tp the amendment proposed by tbe Senator from Georgia.
*
'{The amendment was rejected.
Mr. SMITH of Georgia. The next amendment was perfected
on yesterday. It it on page 20, section 14, line 21.
T|ie PRESIDING OFFICER. Tbe Chair is informed that
than amendment bas been agreed to.
M i SMITH of Georgia. Then we come down to line IS.
The PRESIDING OFFICER. Tbe amendment will be stated.
The S e c r e t a r y . Amend section 14 by adding paragraph s
after .paragraph 7, as follows:
( 8 ) 'Employees shall have the privilege of enforcing the rights given
to th<|m under this act before the adjuster or to proceed in any State
court having jurisdiction, and no suit brought in a State court under
this act shall be removed to the United States court.
The PRESIDING OFFICER. Tbe question is on agreeing to
tbe amendment proposed by tbe Senator from Georgia.
Mr. SMITH of Georgia. I ask for tbe yeas and nays on that
amendment.
The yeas and nays were ordered, and the Secretary proceeded
to c a l l the roll, Mr. A s h u r s t responding in tbe affirmative.
Mr. CHILTON. I should like to have tbe amendment read.
S o the^amendment of Mr. S m i t h o f Georgia jv a g .^ ected .
The PRESIDING OFFICER. A response having been made
offers the following amendment, which will be stated. 001 gia under tbe rule tbe amendment can not be read again.
The roll having been called, tbe result was announced
The S e c r e t a r y . xYdd at the close of section 7, at the bot
yeas 24, nays 48, as follows:
tom of page 5, the following words:
Ashurst
Bailey
Bankhead
Clarke, Ark.
Dillingham
Dixon
Smith, Md.
Smith, S. C.
Stephenson
Stone
Tillman
It shall be the duty of the employer, within five days after receiv
ing notice through its officers or agents that an employee has received
an injury in its service, to notify such employee whether said injury
was received while such employee was employed in such commerce by
such employer; and in any legal procedure which may follow the em
ployer shall be bound by such notice, and will not be permitted to
deny its truth, and on failure of said employer to give said notice
Ashurst
Bacon
Bryan
Culberson
Davis
Fletcher
Gore
Hitchcock
Johnston, Ala
Kern
Lea
Martine, N. J.
YEAS— 24.
Myers
O’Gorman
Overman
Paynter
Poindexter
Reed
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Stone
Watson
1912.
-^ N & £ E SJS IO N A L RECORD— SENATE.
O
N AY S— 48.
Jones
Lippitt
Lodge
McCumber
McLean
Nelson
Nixon
Oliver
Page
Percy
Perkins
Pomerene
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Catron
Chamberlain
Clapp
Clark, W yo.
Crane
Crawford
Cullom
Cummins
Curtis
du Pont
Fall
Galiinger
Gronna
Guggenheim
Johnson, Me.
Bailey
Rankhead
Chilton
Clarke, Ark.
Dillingham
Dixon
NOT VO TIN G — 23.
Lorimer
Foster
Martin, Va.
Gamble
Newlands
Gardner
Owen
Heyburn
Kenyon
Penrose
Rayner
La Folletie
R ichardstep.
Root
%
Sanders
Smith, Mich.
Smoot
Sutherland
Thornton
Townsend
Warren
Wetmore
■Williams
Works
\
Smith, Md.
Smith, S. C.
Stephenson
Swanson
Tillman
Sp the amendment of Mr S m i t h of Georgia was rejected.
Mr. SMITH of Georgia. I liate very few more amendments
to offer. I move to amend by striking out section 16, on page 26,
where it appears in the bill, and in lieu to insert what I ask
may be read.
The PRESIDING OFFICER. The amendment proposed by
the Senator from Georgia will be read.
The S e c r e t a r y . Strike out section 16, and in lieu insert the
following as section 16:
S ec . 10. That on the hearing of a cause of action arising under this
act either party shall have the right to elect to commute the monthly
payments into a iixed sum, and in that event the fixed sum shall he
the present value of the annuities herein provided for, the present value
to he calculated on the basis of interest at 5 per cent.
5957
The PRESIDING OFFICER. The Senator from Georgia sub
mits another amendment, which will be stated.
The S e c r e t a r y . It is proposed to amend section 21, on page
30, in lines 17, 18, 21, and 22, by striking out the word “ six
teen ” and inserting “ twenty-one.”
The amendment was rejected.
The PRESIDING OFFICER. The Senator from Georgia pro
poses another amendment, which will be stated.
, The S e c r e t a r y . On page 31, line 16, it is proposed to strike
out the words “ for the unexpired part of the period of eight
years.”
•The amendment was rejected.
The PRESIDING OFFICER. The Senator from Georgia
Ofiers a further amendment, which will be stated.
' The S e c r e t a r y . On page 34, lines 5 and 6, it is proposed to
strike out “ 00 per cent,” so as to read:
Where permanent total disability results from any injury there shall
be paid to the injured employee the monthly wages pf such employee
during the remainder of his life.
The amendment was rejected.
The PRESIDING OFFICER. The Senator fi-om Georgia sub
mits another amendment, which will be stated.
The S e c r e t a r y . On page 34, line 17, it is proposed to strike
out the words “ fifty per centum,” so as to read:
W7here temporary total disability results from any injury there shall
be paid the monthly wages of the employee during the continuance of
such temporary total disability.
The PRESIDING OFFICER. The question is on agreeing to
the amendment proposed by the Senator from Georgia.
The amendment was rejected.
The PRESIDING OFFICER. The next amendment sub
The PRESIDING OFFICER. The question is on agreeing to
mitted by the Senator from Georgia will be stated.
the amendment proposed by the Senator from Georgia.
The S e c r e t a r y . On page 34, section 21, paragraph 9, subdivi
The amendment was rejected.
The PRESIDING OFFICER. The Senator from Georgia pro sion D, it is proposed to strike out the remainder of page 34
and page 35, down to line 6, page 36, and in lieu thereof to
poses an amendment, which will be stated.
The S e c r e t a r y . It is proposed to amend section 20 by strik insert the following:
(D ) Where permanent partial disability results from any injury—
ing out in lines 19, 20, and 21 the following w ords:
No employee’s wages shall be considered to be more than $100 a
month.
The amendment was rejected.
The PRESIDING OFFICER. The Senator from Georgia
proposes another amendment, which will be stated.
The S e c r e t a r y . It is proposed to amend section 21, line 14,
by striking out the words “ for a period of eight years,” and
add, in line 15, after the word “ death,” the words “ during
the life expectancy of the deceased,” so that if amended it
will read:
(A ) Where death results from any injury, except in the cases pro
vided for in section 23, and except in those cases in which, in certain
contingencies, a reduced period is hereinafter provided for, the fol
lowing amounts shall be paid from the date of the death during the
life expectancy of the deceased :
Mr. SMITH of Georgia. I ask for the yeas and nays on that
amendment.
The yeas and nays were ordered, and taken.
Mr. LITPITT (after having voted in the negative). Has the
Senator from Tennessee [Mr. L e a ] , with whom I am paired,
voted? ... ...
■
'
The PRESIDING OFFICER. The Chair is informed that
he has not voted.
Mr. LIPPITT. Then I withdraw my vote.
The result was announced—yeas 22, nays 49, as fdllows:
Ashurst
Bacon
Bryan
Culberson
Davis
Fletcher
Y E A S — 22.
Gore
O'Gorman
Hitchcock
Overman
Johnston, Ala.
Paynter
Reed
Kern
Shively
Martine, N. J.
Simmons
Myers
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Catron
Chamberlain
Chilton
Clapp
Clark, W yo.
Crane
Crawford
Cullom
Cummins
Curtis
du Pont
Fall
Galiinger
Gronna
Guggenheim
Johnson, Me.
Jones
Bailey
Bankhead
Clarke, Ark.
Dillingham
Dixon
Foster
NOT VOTING— 24.
Lippitt
Gamble
Lorimer
Gardner
Martin. Va.
Heyburn
Newlands
Kenyon
Owen
La Follette
Penrose
Lea
So the amendment of Mr.
N A Y S — 49.
Lodge
McCumber
McLean
Nelson
Nixon
Oliver
Page
Percy
Perkins
Poindexter
Pomerene
Richardson
Root
S m it h
of Georgia
Smith, Ariz.
Smith, Ga.
Swanson
W atson
Sanders
Smith, Mich.
Smoot
Sutherland
Thornton
Townsend
Warren
Wetmore
W illiam s
Works
Rayner
Smith, Md.
Smith, S. C.
Stephenson
Stone
Tillman
w as
rejected.
(1 ) An amount equal to 50 per cent of his wages shall be paid to the
injured employee for the balance of his life in the following instances :
The loss by separation of arm at or above the elbow joint or the
permanent and complete loss of use of one arm.
The loss by separation of one hand at or above the wrist joint or
the permanent and complete loss of the use of one hand.
The loss by separation of one leg at or above the knee joint or the
permanent and complete loss of the use of one leg.
The loss by separation of one foot at or above the ankle joint or the
permanent and complete loss of the use of one foot.
The permanent and complete loss of hearing in both ears.
An amount equal to 25 per cent of his wages shall be paid to the
injured employee during the remainder of his life for the following
in ju ries:
The permanent or complete loss of hearing in one ear.
The permanent and complete loss of sight of one eye.
An amount shall be paid to the injured employee during the balance
o f his life for the percentages of his wages stated against such injuries,
respectively, as follows :
In case of the permanent loss of hearing in one ear, 20 per cent.
The permanent and complete loss of sight o f one eye, 20 per cent.
The loss by separation of a thumb, 15 per c e n t; of first finger, 121
per c e n t; second, third, or fourth finger, 10 per cent.
The loss of one. phalanx of a thumb, two phalanges of a finger, 71
pgr cent.
The loss of more than one phalanx of a thumb and more than two
phalanges of a finger, 10 per cent.
The loss by separation of a toe, G per cent.
Tbe PRESIDING OFFICER. Tbe question is on agreeing to
the amendment of the Senator from Georgia.
The amendment was rejected.
The PRESIDING OFFICER. The next amendment submitted
by the ’Senator from Georgia will be stated.
The S e c r e t a r y . On page 36, article 2, it is proposed to strike
lut subdivision E and insert in lieu thereof the follow ing:
(E ) Where temporary partial disability results from an injury tho
employee shall receive, during the time he is unable to secure work, his
full wages, but after he secures work he shall only receive the differ
ence between the amount of compensation of th e w o rk secured and his
former w ages: Provided, That if work is offered to him of a suitable
fiiaracter by his employer, with compensation equa to the amount of
ais former wages, and he refuses the same, he shall not be entitled to
m y compensation for such disability dm ing the continuance of such
lefusal.
mi,n -DT>m
«TTVTT\:n OFFICER.
The question
the amendment.
- The amendment was rejected.
The P R E SID IN G OFFICER. The next amendment proposed
b y the Senator from Georgia will be stated.
The S e c r e t a r y . It is proposed to amend section 22 on pa^e
37, line 6, by striking out the words “ 90 per cent o f ” - in
lines 7 and 8, by striking out the words “ as limited by the pro
visions of section 20 hereof” ; and by striking out the remainder
of the section continued in lines 8 to 17, inclusive, and inserting
in lieu thereof:
If hifi wages received fall below the wages he was receiving at the
time of the accident, an amount of compensation shall be payable equal
to the difference between the wages received and his former wages.
5958
-G
i
CONGRESSIONAL RECORD— SENATE
The PRESIDING OFFICER. The question is on agreeing to
the amendment.
The amendment was rejected.
Mr. SMITH of Georgia. I ask that the next amendment of
which I have given notice, and which is in print, be omitted.
The PRESIDING OFFICER. That amendment will be
omitted. The next amendment proposed by the Senator from
Georgia will be stated.
The S ecretary . It is proposed to amend, on page 39, by strik
ing out section 24.
The PRESIDING OFFICER. The question is on agreeing to
the amendment.
The amendment was rejected.
The PRESIDING OFFICER. The next amendment submitted
by the Senator from Georgia will be stated.
The S ecretary . On pages 43 and 44, it is proposed to strike
out-----Mr. SMITH- of Georgia. I ask that that be omitted, but I
should like to have a vote on the amendment appearing on
page 7 of the printed amendment, line 17.
The PRESIDING OFFICER. The amendment will be stated.
The S ecretary . On page 36, after line 23, it is proposed to
add a new subdivision to section 21, entitled “ F,” as follow s:
Mr. SMITH of Georgia. In view of the shape the bill is now
in, I will not tender that amendment. It was tendered in the
case of other amendments which have been offered.
Mr. SUTHERLAND. Mr. President, I suggest that the
amendment offered by the Senator from Missouri, which has
been incorporated in the bill on page 23, come after subdivision
4, on page 24, line 11, and that the word “ and ” in the second
line be changed to “ it.”
The PRESIDING OFFICER. Without objection, the amend
ment will be so modified.
Mr. REED. May I inquire of the Senator from Utah, Does
that conform to the copy that we have here? I could not hear
the Senator.
Mr. SUTHERLAND. It does.
Mr. REED. Very well. Mr. President, I offer the amend
ment which I send to the desk.
The PRESIDING OFFICER. The amendment will be stated.
The S ecretary . It is proposed to amend section 3, paragraph
9, by striking out all that portion of the paragraph after the
word “ Provided,” in line 11 thereof.
Mr. REED. I ask that the portion proposed to be stricken
out be read.
The S ecretary . On page 19, line 12, it is proposed to strike
o u t:
Provided, however. That the employer may in any case pending before
an adjuster, in writing, offer to allow findings to be made in favor of
the employee, specifying the amount of the monthly payment And the
length of time such monthly payments shall continue, and in that event,
unless compensation (time and amount both considered) exceeding that
offered by the employer be found by the adjuster or by the court, no
costs thereafter incurred on behalf of the employee shall be taxed
against the employer.
jjf
*
fj
V
(
The PRESIDING OFFICER. The question is on agreeing
to the amendment.
The amendment was rejected.
Mr. REED. I offer the amendment which I send to the desk.
The PRESIDING OFFICER.
The amendment will be
stated.
The S ecretary . It is proposed to amend section 13, para
graph 9, by adding at the end thereof the following:
Mat
q,
The PRESIDING OFFICER. The question is on agreeing to
the amendment.
The amendment was rejected.
Mr. BRYAN. I offer the amendment which I send to the
desk.
The PRESIDING OFFICER. The amendment will be stated.
The S ecretary . It is proposed to amend section 22 by strik
ing out the words “ such injured employee,” on page 37, line 1
and inserting in lieu thereof the words “ an employee entitled
to compensation under clause E of section 21.”
The PRESIDING OFFICER. The question is on agreeing to
the amendment.
The amendment was rejected.
The bill was reported to the Senate as amended, and the
amendments made as in Committee of the Whole w
rere con
curred in.
Mr. REED. Mr. President, I offer the amendment, which I
send to the desk, and ask for the yeas and nays upon it. It is
the last time I will ask for them.
The PRESIDING OFFICER. The Senator from Missouri
submits an amendment, which will be stated.
The S ecretary . Amend section 21 by adding, at the end
thereof the following words:
Tl
-4
s
h
Wherever it shall be proven that the injury suffered was directly
contributed to by the failure of the employer to comply witli_ a public
law, then there shall be added to the amounts herein to be paid 25 per
centum.
The PRESIDING OFFICER. The Senator from Missouri de
mands the yeas and nays on the question of agreeing to the
amendment.
The yeas and nays were ordered; and, being taken, resulted—i
yeas 29, nays 46, as follows:
Asliurst
Bacon
Bryan
Chilton
Clarke, Ark.
Culberson
Davis
Fletcher
Y E A S — 29.
Gardner
O’Gorman
Gore
Overman
Hitchcock
Paynter
Johnston, Ala.
Poindexter
Kern
Reed
Lea
Shively
Martine, N. J.
Simmons
Myers
Smith, Ariz.
Smith, Ga.
Stone
Swanson
W atson
Williams
|
1
f
N AYS— 40.
Bourne
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Catron
Chamberlain.
Clapp
Clark, Wyo.
Crane
Crawford
Cullom
Cummins
Curtis
du Pont
Fall
Foster
Gal linger
Gronna
Guggenheim
Johnson, Me.
Jones
Bailey
Bankhead
Borah
Bradley
Dillingham
NOT VO TIN G — 20.
Dixon
Lorimer
Gamble
Martin
Heyburn
Newlands
Kenyon
Owen
La Follette
Penrose
Lippitt
Lodge
McCumber
McLean
Nelson
Nixon
Oliver
Page
Percy
Perkins
Pomerene
Richardson
Root
Sanders
Smith, Mich.
Smoot
Sutherland
Thornton
Townsend
Warren
Wetmore
Works
j
i
t 1
i 1
/ 1
Rayner
Smith, Md.
Smith, S. C.
Stephenson
Tillman
/
/
/
S o Mr. R eed’ s am endm ent w as rejected.
The PRESIDING OFFICER. If there be no further amend
ments, the bill will be ordered to be engrossed for a third read1'
lug.
\
The bill was ordered to be cmj^ryssed for a third reading, and
was read the third time:
„
Provided further, That if the findings in favor of the employee are
The PRESIDING OFFICER. The question is, Shall the MR
in excess of the amount tendered, then the employer shall pay all of
the costs, including a reasonable attorney’s fee of the employee.
pass?
\
.i
Mr. OVERMAN. I move that the further consideration of the
'% !
!■
The PRESIDING OFFICER. The question is on agreeing
bill be postponed until Monday, the 27th day of May, when it
7
to the amendment.
shall be taken up as the unfinished business.
J
The amendment was rejected.
The PRESIDING OFFICER. The Senator from North CaroMr. REED. I offer the amendment which I send to the desk.
The PRESIDING OFFICER. The amendment will be stated. lina moves that the further consideration o f the bill be post
The S ecretary . It is proposed to amend section 27, at the poned until the.27th day of May.
Mr. OVERMAN. On that I ask for the yeas and nays.
top of page 42, by striking out, “ The term ‘ dependent child
The yeas and nays were ordered, and the Secretary proceeded
over the age of 16 years,’ whenever it occurs in this act, or
any reference to such child, shall be construed to mean a to call the roll.
Mr. DILLINGHAM (wT
hen his name was called). I have a
dependent child over the age of 16 years unable to earn a living
by reason of mental or physical incapacity, or a female child general pair with the senior Senator from South Carolina [Mr.
under the age of 20 years, unless sooner married,” and insert T il l m a n ], which I transfer to the junior Senator from Iowa
ing in lien thereof the following: “ The term ‘ dependent child ’ [Mr: K en y o n ], and will vote. I vote “ nay.”
shall be construed to mean a child over 16 years of age that
T h e roll call w as concluded.
is wholly or in part dependent for its livelihood or education • Mr. D IL L IN G H A M (a fte r h aving voted in the n eg a tiv e ).
upon the financial assistance of the person injured.”
The senior Senator from South Carolina [Mr. T il l m a n ] having
Mr. REED. I will say that the amendment is very similar come into the Chamber since I announced the transfer of my
I
to one that was voted down, but has a correction. I wish to pair with him to the junior Senator from Iowa [Mr. K en yo n ],
',
say that because I do not want to be understood as offering I withdraw the announcement, but I will allow my vote to
j
the same amendment.
stand.
-v
CONGRESSIONAL RECORD— SENATE.
1912.
The result was announced —yeas 24, nays 55, as follows
Ashurst
Bacon
Bryan
Culbersdn
Davis
Fletcher
Y E A S — 24.
Martine, N. J.
Gardner
Myers
Gore
O'Gorman
Hitchcock
Overman
Johnston, Ala.
Reed
Kern
Shively
Lea
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burn]) am
Barton
Catron
Chamberlain
Chilton
Clapp
Clark, W yo.
Clarke, Ark.
Crane
Crawford
Cu Horn
Cummins
Curtis
Dillingham
du Pont
Fall
Gallinger
Gronna
Guggenheim
Johnson, Me.
Jones
Bailey
Bankhead
Dixon
F oster
NOT VO TIN G — 16.
I.orimer
Gamble
Martin, Va.
Ileyburn
Owen
Kenyon
Penrose
La Toilette
N A Y S — 55.
Lippitt
Lodge
McCumber
McLean
Nelson
Newlands
Nixon
Oliver
Page
Paynter
Percy
Perkins
Poindexter
Pomerene
Simmons
Smith, Ariz.
Smith, Ga.
Stone
Tillman
Watson
Richardson
Root
Sanders
Smith, Mich.
Smoot
Sutherland
Swanson
Thornton
Townsend
Warren
Wetmore
W illiam s
Works
Rayner
Smith, Md.
Smith, S. C.
Stephenson
So Mr. O v e r m a n ’ s motion was rejected.
The PRESIDING- OFFICER. The question is, Shall the bill
pass?
Mr. SUTHERLAND, Mr. WILLIAMS, and others called for
the yeas and nays, and they were ordered.
Mr. MYERS. * 1 move that the further consideration o f the
bill be postponed until the second legislative day of the next
regular session of Congress, and on that I ask for the yeas and
595 o
resolution (H. J. Res. 312) making appropriations for the relief
of sufferers from floods in the Mississippi and Ohio Valleys, in
which it requested the concurrence of the Senate.
The message also announced that the House had passed the
bill of the Senate (S. 5930) to extend the time for the comple
tion o f dams across the Savannah River by authority granted
to Twin City Power Co. by an act approved February 29, 1908,
with amendments, in which it requested the concurrence of the
Senate.
.The message further announced that the House insists upon
its amendment to the bill (S. 5624) granting pensions and in
crease of pensions to certain soldiers and sailors of the Civil
War and certain widows and dependent relatives of such sol
diers and sailors; agrees to the conference asked for by the Sen
ate bn the disagreeing votes of the two Houses thereon, and had
appointed Mr. R u sse l l , Mr. A nderson of Ohio, and Mr. F uller
managers at the conference on the part of the House.
hou se jo in t resolution referred .
II..
J. Res. 312. Joint resolution making appropriations for
the relief of sufferers from floods in the Mississippi and Ohio
Valleys was read twice by its title and, on motion by Mr.
F oster , referred to the Committee on Appropriations.
PETITIONS AND MEMORIALS.
Mr. GALLINGER presented the petition of T. C. Leckey, of
Portsmouth, N. H., praying for the enactment of legislation to
prohibit the use of trading coupons, which was referred to the
Committee on the Judiciary.
He also presented a petition of Mount Prospect Grange, No.
242, Patrons of Husbandry, of Lancaster, N. H., and a petition
of Lamprey River Grange, No. 240, Patrons of Husbandry, of
Newmarket, N. H., praying for the establishment of a parcelpost system, which were referred to the Committee on Post
Offices and Post Roads.
Mr. SHIVELY presented a petition of sundry citizens of
Odon, Ind., praying for the establishment of a parcel-post sys
tem, which was referred to the Committee on Post Offices and
Post Roads.
Mr. LODGE. I make the poinToForftMs41iafe.only one motion
to postpone is allowable under the unanimous^thnseat^agreemcnf.
The PRESIDING OFFICER. The Chair sustains the point
-o f order. The question is, Shall the bill pass, on which the yeas
and nays have been ordered.
The Secretary proceeded to call the roll.
REFORTS OF COMMITTEES.
Mr. FLETCHER (when his name was called). Or}.jhis-vote
Mr. WARREN, from the Committee on Appropriations, to
I am paired with the senior Senator from Maryland [Mr.
R a y n e r ]. I f he~werepresent, he would vote “ yea ” and I which was referred the bill (H. R. 20S40) to provide for defi
ciencies in the fund for police and firemen’s pensions and relief
should vote “ nay.”
Mr. CUMMINS (w h en Mr. K e n y o n ’ s name was called). My in the District of Columbia, asked to be discharged from its
colleague [Mr. K e n y o n ] is necessarily absent. If he were pres further consideration and that it be referred to the Committee
on the District of Columbia, which was agreed to.
ent, he would vote “ yea.”
Mr. BOURNE, from the Committee on Commerce, submitted
Mr. SWANSON (when Mr. M a r t in ’ s name was called). My
colleague [Mr. M a r t in ] is detained from the Senate Chamber a report (No. 698) to accompany the bill (S. 6412) to regulate
on account of serious illness in his family. If he were present, radio communication, heretofore reported by him.
he would vote “ yea.”
BILLS INTRODUCED.
Mr. GORE (when Mr. O w e n ’ s name was called). My col
Bills were introduced, read-the first time and, by unanimous
league [Mr. O w e n ] is paired with the Senator from South Da
consent, the second time, and referred as follows :
kota [Mr. G a m b l e ].
By Mr. GALLINGER:
The roll cal! was concluded.
A bill (S. 66S7) to authorize the extension of Oak Street NW.,
Mr. SMOOT. The junior senator from Wisconsin [Mr.
in the District of Columbia (with accompanying paper) ; to the
S t e p h e n s o n ] is necessarily detained from the Senate. I f he
Committee on the District of Columbia.
were here, he would vote “ yea.”
A bill (S. 66SS) to repeal section 13 of the act approved March
The result was announced—yeas 64, nays 15, as follows:
2, 1907, entitled “An act amending an act entitled ‘An act to in
Y E A S — 64.
crease the limit of cost o f certain public buildings, to authorize
Pomerene
Borah
Jones
Crawford
the purchase of sites for public buildings, to authorize the erec
Richardson
Cullom
Bourne
Lea
tion and completion of public buildings, and for other purposes ’ ”
Cummind
Root
Lippitt
Bradley
Sanders
Curtis
Lodge
Brandegee
(with accompanying papers) ; to the Committee on Bublic Build
Dillingham
McCumber
Smith, Ariz.
Briggs
ings and Grounds.
McLean
Smith, Mich.
du Pont
Bristow
Bv Mr. STEPHENSON:
Martine, N. J.
Smoot
Brown
Fall
Nelson
Sutherland
Foster
Burnham
A*bill (S. 66S9) granting an increase of pension to Jairus P.
Newlands
Swanson
Gallinger
Burton
Heath (with accompanying paper) ; to the Committee on Pen
Nixon
Thornton
Catron
Gardner
O'Gorman
Townsend
Gore
Chamberlain
sions.
Oliver
Warren
Gronna
Chilton
r By Mr. FLETCH ER:
Clapp
W atson
Guggenheim
Page
|A bill (S. 6690) granting an increase of pension to Edwin W.
Clark, W yo
Hitchcock
Wetmore
Percy
Johnson; to the Committee on Pensions.
W illiam s
Johnson. Me.
Perkins
Clarke, Ark.
Johnston, Ala.
Poindexter
Works
Crane
1Bv Mr. LODGE :
jA'-hill (S. 6691) to indemnify the State of Massachusetts for
N A Y S — 15.
Smith, Ga.
Paynter
Dispenses incurred by it in defense of the United States; to the
Davis
Ashurst
Stone
Reed
Bacon
Kern
Committee on Claims.
Tillman
Shively
Bryan
Myers
/Bv Mr. SMOOT:
Simmons
Overman
Culberson
|A bill (S. 6692) to provide for a permanent supply of coal
NOT VO TIN G — 16.
£6r the use of the United States Navy and other governmental
Rayner
I.orimer
Bailey
Gamble
purposes, to provide for the leasing o f coal lands in the Terri
Smith, Md.
Martin, Va.
Ileyburn
Bankhead
Smith, S. C.
Owen
Dixon
Kenyon
to r y of Alaska, and for other purposes; to the Committee on
Stephenson
Penrose
La Toilette
Fletcher
Public Lands.
So the bill w a s passed.
By Mr. JONES:
M E S S A O E F R O M J I I : .........
A bill (S. 6693) to provide water for irrigating lands of the
A m essage from tfic T T ouseot R epresen tatives, by J. C. South, Yakima Indian Reservation, Wash., and for other purposes; to
its Chief Clerk, announced that the House had passed a joint the Committee on Indian Affairs.
CONGRESSIONAL RECORD— SENATE
59G0
A bill (S. 6094) to amend the laws relating to navigation; to
tbe Committee on Commerce.
By Mr. JOHNSON of Maine:
A bill ( S/6695) granting an increase of pension to James A.
Wise (with accompanying papers) ; to the Committee on Pen
sions.
A M E N D M E N T T Q P O S T O F F IC E A P P R O P R IA T I O N B IL L .
Mr. CULLOM submitted an amendment relative to the re
newal of contracts made in any city providing for 3 miles or
more of double lines of tube for the transmission of mail,
etc., intended to be proposed by him to the Post Office appro
priation bill (H. R. 21279), which was referred to the Com
mittee on Post Offices and Post Roads and ordered to be printed.
O M N IB U S
C L A I M S B IL L .
Mr. LEA submitted seven amendments intended to be pro
posed by him to the bill (H. R. 19115) making appropriation for
the payment of certain claims in accordance with the findings
of the Court of Claims, reported under the provisions of the
acts approved March 3, 1883, and March 3, 1887, and commonly
known as the Bowman and Tucker Acts, which were referred
to the Committee on Claims and ordered to be printed.
w o r k m e n ’s
c o m p e n s a t io n
ac ts
(
s
.
doc
.
n o
. 6 4 3 ).
Mr. CHAMBERLAIN. I present a paper, being a summary
of the laws of other countries on the subject of workmen’s
compensation, including the Federal employees’ liability act of
1908, the Government employees’ compensation act of 1908, and
the British workmen’s compensation act of 1906. I move that
the paper be printed as a Senate document.
The motion was agreed to.
C A N A D IA N H O M E STE A D L A W S
( S . DOC. N O . 6 4 4 ) .
Mr. SMOOT. There is certain correspondence from the
Secretary of the Interior transmitting the exact wording of
the Canadian statutes upon which the three-year homestead law
of that country is based, taken from the Canadian Dominion
lands act. I ask that the correspondence be printed as a
Senate document.
The PRESIDING OFFICER (Mr. G allinger in the c h a ir ).
Without objection, an order therefor is entered.
R E L IE F OF FLO O D S U F F E R E R S .
Mr. WARREN. From the Committee on Appropriations, I
report back favorably with amendments the joint resolution
(H. J. Res. 312) making appropriations for the relief of suf
ferers from floods in the Mississippi and Ohio Valleys, and I
submit a report (No. 699) thereon. I ask consent for its
immediate consideration.
The PRESIDING OFFICER. The joint resolution will be
read for the information of the Senate.
The Secretary read the Joint resolution; and, there being no
objection, the Senate, as in Committee of the Whole, proceeded
to its consideration.
The amendments were, on page 1, line 12, before the word
“ thousand,” to strike out “ two hundred and seventy-seven ”
and insert “ four hundred and two,” and on page 2, line 6, be
fore the word “ thousand,” to strike out “ four hundred and
twenty ” and insert “ eight hundred and thirty-seven,” so as to
make the joint resolution read:
R e s o l v e d , e t c ., That there is appropriated, out of any money in the
Treasury not otherwise appropriated, the following sums for the relief
of sufferers from floods in the Mississippi and Ohio Valleys, namely :
WAR DEPARTMENT.
Under the Quartermaster General: For providing tents and other nec
essary supplies and services and for reimbursement of the several ap
propriations of the Quartermaster’s Department, United States Army,
from which temporary relief has already been or may be afforded,
$402,179.05.
Under the Commissary G eneral: For rations issued and to be issued by
the Commissary Department and for reimbursement of appropriations
for subsistence of the Army, from which temporary relief has already
been or may be afforded, $837,000.
The amendments were agreed to.
The joint resolution was reported to the Senate as amended,
and the amendments were concurred in.
The amendments were ordered to be engrossed and the joint
resolution to be read a third time.
The joint resolution was read the third time, and passed.
Mr. WARREN. I ask that the report which accompanies the
join t resolution m ay be printed in the R ecord. The joint reso
lution as it came from the House contained an appropriation of
nearly $700,000. It carries now over $1,200,000. So I ask that
the report and papers be printed in the R ecord.
The PRESIDING OFFICER. Without objection, it is so
ordered.
The matter referred to is as follow s:
Mr. W a r r e n , from the Committee on Appropriations, submitted the
following report (No. 6 9 9 ), to accompany House joint resolution 3 1 2 :
,
' mJ
o nittee on Appropriations, to which was referred the joint
resolution (H . J . Res. 312) making appropriations for the relief of
Ma y 6
sufferers from floods in the Mississippi and Ohio Valleys, having con
sidered the same, reports it back herewith and recommends its passage
with the following amendments :
That the amount under the Quartermaster General be increased from
$277,179.65 to $402,179.65— an Increase of $125,000.
That the amount under the Commissary General be increased from
$420,000 to $837,000— an increase of $417,000.
Total increase recommended, $542,000.
Amount of resolution as passed the House, $697,179.65.
Amount of resolution as reported to Senate, $1,239,179.65.
The following correspondence is respectfully submitted, showing the
necessity for the increases recommended:
UNDER THE QUARTERMASTER GENERAL.
W ar D e p a r t m e n t ,
Washington, M ay 6, 1912.
Hon. F r a n c is E. W a r r e n ,
Chairman Appropriations Committee,
United States Senate.
D ear S en ato r W a r r e n : I have the honor to inclose herewith copies
of additional estimate of $125,000, submitted by the Quartermaster
General for relief of sufferers from floods in the Mississippi and Ohio
Valleys, and the papers pertaining thereto, which were sent this morn
ing to the Secretary of the Treasury. It is understood that this esti
mate has been transmitted by the Secretary of the Treasury to the
Speaker of the House of Representatives.
Very respectfully,
II, L. S t im s o n ,
Secretary of War.
W ar D e p a r t m e n t ,
Washington, M ay i 1912.
h
The honorable the S ec r e ta r y of t h e T r e a s u r y .
S ir : I have the honor to forward herewith for transmission to Con
gress a special additional estimate of an appropriation of $125,000
required by the W ar Department for providing tents and other neces
sary supplies and services for the relief of sufferers from floods in the
Mississippi and Ohio Valleys and for reimbursement of the several
appropriations of the Quartermaster’s Department, United States Army
from which temporary relief has already been or may be afforded.
’
The distress resulting from the floods in the Mississippi Valley, which
have continued longer than was expected, necessitates the expenditure
of larger amounts than were anticipated when the estimate for $275,000
now before Congress, was submitted.
’
Very respectfully,
H. L. S t im s o n ,
Secretary of War.
W ar D e p a r t m e n t ,
Washington, M ay J 1912.
,,
The honorable the S e c r e t a r y of t h e T r e a s u r y .
S ir : I have the honor to advise you that the special additional esti
mate of $125,000, for providing tents and other necessary supplies and
services for the relief of sufferers from floods in the Mississippi and
Ohio Valleys, this date forwarded to you by the Secretary of War ror
transmission to Congress, has received the approval of the President
and that evidence of such approval is on file in this office.
Very respectfully,
J o h n C. S c o f ie l d ,
Assistant and Chief Clerk.
W ar D e p a r t m e n t ,
Washington, April 80, 1912.
The P r e s id e n t .
M y D ear M r . P r e s id e n t : I submit herewith for your consideration
and action a special estimate for an appropriation of $125,000 required
by the W ar Department for providing tents and other necessary sup
plies and services for relief of the sufferers from floods in the Missis
sippi and Ohio Valleys in 1912 and for reimbursement of the several
appropriations of the Quartermaster’s Department, United States Army
from which temporary relief has already been or may be afforded.
’
The Quartermaster General states that the distress resulting from the
floods in the Mississippi Valley, which have continued longer than was
expected, necessitates the expenditure of larger amounts than were
anticipated when the estimate for $275,000 now before Congress wna
submitted.
V ery resp e ctfu lly ,
H e n r y L. S t im s o n ,
Secretary of War.
Approved.
W m . H. T aft.
M ay 3, 1912.
O f f ic e
of t h e
W ar D e p a r tm e n t,
Qu arterm aster General,
Washington, April SO 1912
,
T h e S ec r e ta r y of W a r .
S ir : I have the honor to transmit herewith additional estimate f0p
the relief of sufferers from floods in the Mississippi and Ohio Valleys
which, it would now appear, will be required in addition to the $275,000
estimated for on the 14th instant.
Very respectfully,
J. B. A l e s h ir e ,
Quartermaster General United States Arm y
UNDER THE COMMISSARY GENERAL.
W ar D e p a r t m e n t ,
O f f ic e o f t h e S ec r e ta r y o f W a r ,
Washington, M ay 6, 1912
H on. F. E . W a r r e n ,
United States Senate, Washington, D. C.
M y D ea r S en ato r : W e have found that the $420,000 for the relief of
flood sufferers, which it is understood passed the House on Saturdav1
night, will be inadequate. The latest reports from officers on the ground
indicate that relief must be extended to 150,000 people for 35 days, at a
cost of approximately $15,000 per day, and that the additional sum of
$417,000 is necessary.
Estimate has been submitted to the President for this additional
amount, and in order to expedite matters I am sending one to you with
a copy of the telegram on which it is based.
’
u
The Commissary General conferred with Gen. Bixby, Chief of Ensri
neers, who confirms the statement made by Maj. Normoyle that the
conditions will undoubtedly continue for at least six weeks more.
I urge that this additional amount of $417,000 be added to the
$420,000 already appropriated by the House, making a total amount
subsistence of $837,000.
Very respectfully,
H enry L. St im s o n ,
Secretary of War,
1912.
CONGRESSIONAL RECORD— SENATE.
5993
state transportation of intoxicating liquor, which was referred
Mr. OWEN. I have no doubt the Senator has it, but I do
not think it appears among his exhibits, and I therefore pre
to the Ccfennittee on the Judiciary.
Mr. TOWNSEND. I present numerous memorials signed by sent it.
Mr. JONES. I desire to say that I should like to see it if it
citizens o Michigan, remonstrating against the passage of
Senate bil No. 1, known as the Owen bill, providing for the is addressed to me. I propose to present to the Senate all
creation o a national bureau of health. I move that the letters that are sent to me, either for or against this measure. .
Mr. OWEN. Mr. President, I gladly withdraw the letter and
memorials e on the table.
ask that it be sent to the Senator from Washington.
The motion was agreed to.
Mr. TOM§NSEND presented a petition of sundry citizens of
The PRESIDENT pro tempore. The letter is withdrawn.
Adrian, Mic®., praying for the enactment of an interstate liquor
Mr. OWEN. I present a telegram from members of the
law to prevent the nullification of State liquor laws by outside faculty of the Academy of Medicine of Kalamazoo, Mich., in
dealers, wh th was referred to the Committee on the Judiciary. dorsing the bureau of health bill. I ask that the telegram lie
Mr. JONI . I present a telegram in the nature o f a memo- on the table and he printed in the R ecord.
rial, remons' ating against the Owen medical bill. I ask that
There being no objection, the telegram was ordered to lie on
the telegran ie on the table and be printed in the R ecord.
the table and to be printed in the R ecord, as follows:
There beii no objection, the telegram was ordered to lie on
K a l a m a zo o , 31i c h ., April 25, 1912.
the table ant o be printed in the R ecord, as follow s:
Senator Owen, Washington, D. C .:
T acoma, W ash ., M ay 5, 1912.
Senator W e s l i
L. J ones,
T
ashington, D. C .:
In llic State lueeting of the Mothers’ Congress of Parent-Teachers’
Association hereS'esterday a motion to indorse the Owen health depart
ment bill was OTjf»rwhelmingly defeated. Debate preceding vote showed
keen appreciation of danger underlying the bill.
Chas . F. K kaft.
The Kalamazoo Academy of 31edicine at its meeting held last Tues
day unanimously indorsed the Owen bill as it is now revised, and
pledged itself to support you in any effort you may make to have this
bill passed. The academy is composed of 125 physicians in Kalamazoo,
Allegan, and Van Buren Counties.
Dr. O. II. C l a r k , President.
Dr. C. E. B o ys , Secretary.
Dr. O. H. R o c k w e l l , Counselor.
Mr. JONES. M present a nujnber o f telegrams and letters
Mr. OWEN presented a petition of sundry citizens of Sulphur,
signed by several hundred citizens of the State of Washington, Okla., iu behalf of themselves, the Indian tribes, and the entire
remonstrating against the Owen medical bill. I ask that the Southwest, praying for the enactment of legislation fixing the
telegrams and letters lie on the table and that the signatures be title to the Platt National Park in the Federal Government,
noted in the R e c w d .
which was ordered to lie on the table.
.
.
T h ere being ns| objection, the telegrams and letters were
Mr. LEA. 1 present a ^ m p p i B k o r -of petitions Signed by
ordered to lie on% ie table and the signatures to be printed in
citizens m various parts o f the c o tifin ^ a T T T lT 'T T T e ' claim
the R ecord, as follows :
of the heirs of the late Gen. John Sevier. I move that the pe
From Sophie A. t&rbee, of Bellingham ; from B. H. Rotchkin, of
titions be referred to the Committee on Claims.
A
Wenatchee ; from I I / * . Drisko, of South Bellingham ; from George N.
Tuesley, of North Y a f m a ; from Charles E. Cutter, of North Y a k im a ;
TheMnotion was agreed to.
'
•
'
from il. F. Morse, president Washington Osteopathic Association, of
Mr. l^GORMAN presented petitions of sundry citizmjp of
W enatchee; from F.
Reilly, of A nacortes; from S. B. Irish, of Bel
lingham ; from CharlcsyAdams, of Colville ; from Mrs. Michael Earles, White l%iins, Brooklyn, New York, New Rochelle, and|nLbng
of S e attle; from C. P S T atro , of Seattle; from James F. Zediker, of Island ..C i^ all in the State o f New York, praying for
enactNorth Y a k im a ; from Jv A. Falconer, of E v e rett; from Edd A. Beekman, of North Yakim a!^ from Henry Rush and sundry other citizens ment ofides lation to pension widow and minor childpm of any
man who served in the Wfir wjjpT Spain or
of Seattle ; from Ellen 3^ Walthew and sundry other citizens of North officer o%i
Y ak im a; from M rs.'L . R linson and sundry other citizens of P uyallu p; the Philip
nsurrection, which were referred**) the Comfrom P. J. Church and undry other citizens of S e a ttle ; from Dora
fcs.
Campbell and 336 other itizens of S e a ttle ; from Charles W . Little- mittee on
He also
petition of the Soutkjl^Sifie Board of
field, chairman W ash in g!
State committee, the National League for
Medical Freedom ; and l C. G. Billings and 10 other citizens of Trade of New'
my, N. Y., praying for jp§ui#ension of the
W enatchee, all in the Stat
f Washington.
import duty
which was referral td the Committee
Mr. JONES. I also plpsent a number o f telegrams and let on Finance.
He also presen?
ters in favor of the Owesn medical bill. I ask that the tele
a"'petition of the/North Side Board of
grams and letters lie on tl% table and that the signatures there Trade of New Yc
^ity, N. Y., prayijdg that an appropriation
be made for the im$ dement of Brotfx Falls from Harlem to
to be noted in th e R ecord
State, whicly was? ordered to lie on the
There being no objecting the telegrams and letters were the East Rivei*, in
ordered to lie on the table%nd the signatures to be noted in table.
He also presented resolutions adopted by the board of di
the R ecord, as follows:
the Port of New York,
From Mrs. O. G. Ellis, chairmfta Food Sanitation Committee, W ash rectors of the Maritime Association
ington State Federated Clubs, of (S y m p ia ; from E. F. Chase, secretary favoring an appropriation forUhe construction of a landing place
Yakima County Medical Society, op.Nortb Y ak im a; from R. W . Perry, at the Harbor of Refuge at J%jrt JJfdith, R. I., which.were or
president King County Medical Society, of Seattle ; from W . W . Mac
kenzie, president Spokane County Medical Society, of Spokane; from dered to lie on the table.
Russ Banks, secretary Lewis County Medical Society, o f C entralia;
He also presented resolution^ ^adopted by the members of
from Harriet J. Clark, of Seattle; from Mildred Purman, of S eattle;
Cacturers’ Club of Buffalo,
from Stuart Wilson, of T acom a; from Dr. Dean and Dr. Burdon, of the Chamber of Commerce
pertain amendments to the
S e a ttle ; from E. 31. Carr, of North Y a k im a ; from Mrs. G. N. Mc- N. Y., praying for the adopti|
Loughlin, of S e a ttle ; from II. E. Cline, of S e attle; from W . W . Sey corporation-tax law, which
to the Committee on
mour, of T acom a; from E. W . Bender, of T acom a; from John W .
Stevenson, president W hitm an County Medical Association, of P alouse; Finance.
He also presented resoluj$F>ns adoptcfcjjy Franklin Union, No.
from J. Thomas Dowling, of S e attle; from E. E. Shaw, of W alla
W a lla ; from L. B. Collier, of S e a ttle ; from C. S. Kalb, of Spokane; 23, International PrintiqfjplTessmen atm. Assistants’ Union of
from J. B. Kinne, of Aberdeen; from Maude Farrer, of S e a ttle ; from
North America, of New jaork City, N. 3a. favoring the enact
George A. Gray, of Spokane; from J. A. Bline, of W alla W a lla ; from
ment o f legislation projptiug for an incres|e in the salaries of
C. W . Bates, of K e lso ; from John C. Sundberg, o f S eattle; from C. W .
Lane, of M ile s ; from Park Weed W illis, of S e a ttle ; from Orange Ed pressmen employed lip the Government P rating Office, which
wards, of S e a ttle ; from C. E. Eaton, of Columbia Station, S eattle; from
were ordered to lie
the table.
John tv. W ilkins, of Seattle; from N. P. Wood, , of Seattle; from
Mr. BURTON presented a memorial of the International Cut
Hamilton Stillson, of S e a ttle ; from W . F. Cunningham, of S e a ttle ;
from Edward A. Rich, of T acom a; from Arthur C. Johnson, of Spo lery Co., of Fremqffi, Ohio, remonstrating againfc any reduction
kane ; from W . N. Hunt, of B urlington; from J. W . Sherfey, of Washtuena ; from G. B. Kuykendall, of Pomeroy ; from E. F. Chase, secre of the duty on razors, which was referred to tha|^’ommittee on
tary Yakima County Medical Society, of North Y ak im a ; from E. D.
Finance.
Sutton, of T acom a; from ,T. Earl Else, of Pullman ; ■•from A. E. Stulit,
He also prompted a memorial of the InternationaT^Putlery Co.,
pf Spokane; from Charles 31. Doland, secretary Spokane County 3Iedical Society, of Spokane; from E. O. Sutton, secretary Pierce County of Fremont. (# io , remonstrating against any c h a n g e lin g 'made
in the dutvj$m scissors, which was referred to the %>mmittee
Medical Society, of T acom a; from W ilson Johnston, of Spokane; from
Thomas II. Grosvenoij secretary Chelan County Medical Society, of on Financajr
h i -1t e h e e ; from H erbert IS- G * seovetary K in g County Medical SofiH
Mr. C jjR TlS presented a petition o f sundry citizens^gunrds
o
f
T
in
W ashington— and from Andrew
at the limited States Penitentiary, Leavenworth, Kans., flfcjying
imphrey, chairman the Republican Club of New York.
Ir. OWEN. I ask to have printed in the R ecord a letter that Ibpy be gran tool an increase in their salaries, whicSkwas
ddressed to the Senator from Washington [Mr. J o n es ] by refer^fu to the Committee on Appropriations.
3I*r PERKINS presented a memorial of Local Union No.^
one of his constituents bearing on Senate bill No. 1.
The PRESIDENT pro tempore. Without objection, the re Farmers’ Educational and Cooperative Union of America,
Los Gatos, Cal., remonstrating against the establishment
quest will be granted.
Mr. JONES. Do I understand that it is a letter addressed department o f public health, which was ordered to lie on the\
'
\
to me which the Senator from Oklahoma has asked be printed table.
He also presented a petition o f sundry citizens of Reedley,
in the R ecord ? Of course, if it is a letter addressed to me, I
Cal., praying for the enactment of an interstate liquor law to
would like to have it.
CONGEESSIONAL RECORD— SENATE.
Ma y 7
prevent the nullification of State liquor laws by outside dealers, across the Red River of the North between Pembina, N. Dak.
and St. Vincent, Minn., reported it witl^ut amendment and sub’
which was referred to the Committee on the Judiciary.
He also presented a telegram, in the nature of a memorial, mitted a report (No. 702) thereon.
Mr. SMOOT, from the Commit,te<yfbn Public Lands, to which
from Charles A. Stewart, of San Francisco, Cal., chairman ex
ecutive committee, Northern California Hotel Association, was referred the bill (H. R. 15363Jr for the patenting of certain
remonstrating against the discontinuance of the United States land to Thomas Wall, of the S t/fe of Mississippi, asked to be
mint at San Francisco, Cal., which was referred to the Com discharged from its further cafisideration and that it be re
ferred to the Committee on Indian Affairs, which was agreed to
mittee on Appropriations.
Mr. BRANDEGEE. At IDs request of the chairman of tlui
He also presented memorials of the Board of Trade of Ana
heim, Cal., and of sundry citizens of California, remonstrating Committee on the Philippics, and for my colleague Mr. Mc
against any reduction of the duty on sugar, which were re Lean, I report from tlie^Fommittee on the Philippines, with
amendments, the bill (S. jT155) to establish a system of wireless
ferred to the Committee on Finance.
Mr. CLAPP presented petitions of members of the Saturday telegraphy in the P h ilip p e Islands, and I submit a report (No.
Lunch Club and of sundry citizens of Minneapolis, Minn., pray 703) thereon.
The PRESIDENT gfo tempore. The bill will be placed on
ing for the establishment of a governmental system of postal
express, which were referred to the Committee on Post Offices the calendar.
Mr. JOHNSTON c# Alabama, from the Committee on Military
and Post Roads.
Mr. WETMORE presented a petition of members of the Affairs, to which yfere referred the following bills, submitted
Humane Research Club, of Newport, R. I., praying for the adverse reports thereon, which were agreed to, and the bil]s
enactment of legislation to regulate the interstate transporta were postponed iwlefinitely:
tion of immature calves, which was referred to the Committee
S. 1170. A billjror the relief of Nathan Mendenhall (Rept. No.
on Interstate Commerce.
704) ; and
Mr. ROOT presented a petition of Local Grange No. 659,
S. 5441. A bifl for the relief of William Thomas (Rept. No
Patrons of Husbandry, of Cassadaga, N. Y., praying for the es 705) .
tablishment of a governmental system of postal express, which
Mr. BROW^T from the Committee on Indian Affairs, to which
,
was referred to the Committee on Post Offices and Post Roads.
was referred the bill (S. 1231) for the relief of the heirs of
He also presented resolutions adopted by the South Side John W. Wpst, deceased, reported it without amendment and
Board of Trade, of Brooklyn, N. Y., praying that the import submitted / report (No. 706) thereon.
duty on foreign-grown potatoes be suspended for a period of six
HOOKW
ORM AND SOIL POLLUTION.
months in order that the people of the United States may secure
Air. S-\fOOT. From the Committee on Printing, I report back,
the benefit thereof, which were referred to the Committee on
with an/amendment, House concurrent resolution No. 46, and I
Finance.
Mr. RAYNER presented a petition of members of the Men’s ask fonfits present consideration.
TheJSenate, by unanimous consent, proceeded to consider the
League of the Eutaw Place Baptist Church, of Baltimore, Md.,
praying for the enactment of an interstate liquor law to prevent concurrent resolution, as follow s:
the nullification of State liquor laws by outside dealers, which
Re& lved by the House of Representatives ( the Senate concurring)
Thatpthere be printed for the use of the House of Representatives 5,000
was referred to the Committee on the Judiciary.
copies on manila paper of a wall chart on hookworm and soil pollution
Mr. FLETCHER presented resolutions adopted by Major andfpthat the same be distributed through the folding room of the House
Thomas M. Woodruff Camp, No. 4, Department of Florida, of jRepresenta fives.
United Spanish War Veterans, of Jacksonville, Fla., favoring
The PRESIDENT pro tempore. The amendment of the comthe enactment of legislation to pension widow and minor chil
ttee will be stated.
dren of any officer or enlisted man who served in the War with
The Secretary. In lines 4, 5, and 6 strike out the words
Spain or the Philippine insurrection, which were referred to
and that the same be distributed through the folding room of
the Committee on Pensions.
the House of Representatives ” and in lieu insert “ 3,500 for
Mr. MARTINE of New Jersey presented a petition of Pas- the. use of the House of Representatives and 1,500 for the use
cack Grange, No. 141, Patrons of Husbandry, of Woodcliff Lake, of the Senate.”
N. J., praying for the enactment of legislation providing for
The amendment was agreed to.
the better equipment of trans-Atlantic steamers, which was
The concurrent resolution as amended was agreed to.
referred to the Committee on Commerce.
R C R O PRIVATE CLAIMS (S. D C N C46).
EOD F
O . O.
Mr. PENROSE presented a memorial of Group No. 145, Polish
National Alliance of the United States, of Anticoke, Pa., remon
Mr. CRAWT
FORD. From the Committee on Claims I present
strating against the enactment of legislation to further restrict a record of and index to private claims brought before the
immigration, which was ordered to lie on the table.
M
Senate during the Fifty-ninth Congress and the Sixtieth Con
lie also presented a petition of sundry citizens of Lancaster gress, authorized by the act making appropriations to supply
County, Pa., praying for the adoption of an amendment/to the deficiencies for the fiscal year 1910, and for other purposes
Constitution to prohibit the manufacture, sale, and importation approved June 25, 1910. I ask that the papers be printed as a
of intoxicating liquors, which was referred to the Committee on public document.
the Judiciary.
The PRESIDENT pro tempore. Without objection, it is so
He also presented a petition of the Chamber of Commerce and ordered.
the Business Men’s Association of Coatesville, Pa., praying for
BILLS IN D CED
TRO U .
the enactment of legislation providing for the opening of the
Bills were introduced, read the first time, and, by unanimous
Panama Canal to vessels of all tonnage, irrespective of owner
ship, which was referred to the Committee on Interoceanic consent, the second time, and referred as follow s:
By Mr. W ILLIAM S:
Canals.
A bill (S. 6696) to repeal legal prohibitions upon American
Sir. BOURNE presented a memorial of suftdry citizens of
Gresham, Oreg., remonstrating against the passage of the so- registration of foreign-built ships for foreign trade (with accom
calied Owen medical bill, which was ordered'to lie on the table. panying paper) ; to the Committee on Commerce.
By Mr. CULLOM:
Mr. GALLINGER presented petitions of su n d ry citizens of the
A bill (S. 6697) granting a pension to Henry B. Massey (with
District of Columbia, praying for the enactment of legislation
to maintain the present water rates in .the District, which were accompanying papers) ; to the Committee on Pensions.
By Mr. TOWNSEND:
referred to the Committee on the District of Columbia.
A bill (S. 6698) granting an increase of pension to William
EEPO
ETS O COM ITTEES.
F
M
H. Hooker (with accompanying paper) ; to the Committee on
Mr. CLARK of Wyoming, from the Committee on Public Pensions.
Lands, to which was referred the bill (S. 6383) to amend an act
By Mr. W ORKS:
approved February 19, 1909, entitled “An act to provide for an
A bill (S. 6699) for the relief of R. S. Thornton; to the Com
enlarged homestead,” reported it with an amendment and sub mittee on Claims.
mitted a report (No. 700) thereon.
A bill (S. 6700) granting an increase of pension to Henry
Mr. NELSON, from the Committee on Commerce, to which Randolph (with accompanying paper) ; to the Committee on
was referred the bill (S. 5458) to extend the time for the com Pensions.
pletion of a bridge across the Delaware River south of Tren
By Mr. OLIVER:
ton, N. J., by the Pennsylvania Railroad Co. and the Pennsyl
A bill (S. 6701) granting an increase of pension to James E
vania & Newark Railroad Co., or their successors, reported it Smith (with accompanying papers) ; and
with an amendment and submitted a report (No. 701) thereon.
A bill (S. 6702) granting an increase of pension to George II
He also, from the same committee, to which was referred the Torrence (with accompanying papers) ; to the Committee on
bill (S. 6614) to authorize the construction of a pontoon bridge Pensions.
1912
CONGRESSIONAL RECORD— SENATE
5995
By Mr. CLAPP (for Mr. L a Follette) :
By Mr. KENYON:
\
A bill (S. 6736) granting a pension to Elizabeth Schaefer
■A bill (S. 6703) fixing the time for election of Representa
itli accompanying paper) ; to the Committee on Pension^,
tives and Delegates in Congress and for the appointment of
y Mr. BRADLEY
electors of President and Vice President of the United States;
bill (S. 6737) granting an increase of pension LvJKeuben
to the Committee on Privileges and Elections.
A bill (S. 6704) to pay Charles Max Wittig $500 back bounty ; Cootev (with accompanying paper) ; and
A|dll (S. 6738) granting an increase o f pension to.,-#Jichael J.
to the Committee on Claims.
A bill (S. 6705) granting an increase of pension to Emily < McCarthy (with accompanying paper) ; to the Cjpamittee on
L
Pensior
W alton;
By M V SH IV E L Y :
A bill (S. 6706) granting an increase of pension to Japies
A bill
6739) granting an increase o f fu s io n to John
Sweet; \
A bill QS. 6707) grantin'" a pension to Daniel P. A ndru^'and Dixon (vvrfcb accompanying paper) ; and
A bill (£$k6740) granting a pension to Jfinelia J. Sweeney
A bill O 670S) granting an increase of pension to Tpbrnas
S(with accomflyiymg paper) ; to the Comin#rcee on Pensions.
M cCarty; ip the Committee on Pensions.
M
By Mr. NIELSON (by request).:
NDMENTS TO APPBOPEIATI
A bill (S:\ 6709) to regulate the depth to which dfean and
Mr. FALL submitted an amendment proposing to appropriate
coastwise steamers of the merchant marine of the UujSed States $200,000 for the establishment of a sanjRarium for the care and
may be loaders
U
treatment of tubercular Indians, etc., jjntended to be proposed by
A bill (S. 6T10) to require inspection of the lights which by him to the Indian appropriation biUf(II. It. 2072S), which was
articles 2, 3, <\nd 5 of section 1 of the act approved June 7, referred to the Comu%tee on Indium Affairs and ordered to be
1897, the vessefe of the merchant marine of th ejfn ited States printed.
are required ta carry and to require towed vessels to blow
Mr. BURNHAM sub netted ah amendment proposing to in
warning signals in fogs; and
crease the salary o f the l^ssfisnger to the Committee on Agri
the crews of culture and Forestry frouL#L440 per annum to $1,800 per
A bill (S. 67l’l ) to give greater protection,
lited States; to annum, intended to be pronPfejd by him to the legislative, etc.,
towed vessels of Vie merchant marine of the
the Committee onVlommerce.
appropriation bill (H. R.J240&3), which was referred to the
By Mr. O’GORMAN :
Committee on Appropriations xfcd ordered to be printed.
• A bill (S. 6712)’ for the relief of Bern^fd Citroen; to the
ox ^ b u s C L \m s BILL.
Committee on Claims.
Mr. PENROSE submitted an amendment intended to be pro
By Mr. JOHNSON; of Maine:
A bill (S. 6713) granting a pension tdr Susan B. Merrill; to posed by him to the tifll (H. It. 19115^making appropriation for
payment of certain^claims in accordance with findings o f the
the Committee on Pensions.
Court of Claims, j&ported under the promaons of the acts ap
By Mr. F A L L :
%
M
A bill (S. 6714) to Create the Rio #rande National Park in proved March 3^883, and March 3, 18S7, al^Lcommonly known
as the Bowmaurtind the Tucker Acts, which wms referred to the
New M exico; to the Committee on Public Lands.
Committee o^tilaim s and ordered to be printed?
By Mr. MARTINE o£ New Jerseyl
A bill (S. 6715) graining an inqpease of pension to Mary T
jjT
EXGIIT-HOIJK LAW.
Winans (with accompanying paper!-; to the Committee on Pen
Mr. ROOT. There was a clerical error in cert!
amendsions.
meats wfiich I submitted the other day, intended to b ^ 4
’oposed
By Mr. SMITH of Arizona :
by me Jo the bill (H. It. 9061) limiting the hours of dailj jrvice
A bill (S. 6716) granting a p don to Henry Lottner; to the of laborers and mechanics employed upon work done
the
Committee on Pensions. %
United States, or for any Territory, or for the District of 3oBy Mr. CURTIS :
\
lumbia, and for other purposes.
n increase of pension to John
A bill (S. 6717) grant!
I present the amendments now in corrected form and a s i..
that they lie on the table and be printed.
Donnells;
increase of pension to John R.
The PRESIDENT pro tempore. The amendments will lie on
A bill (S. 6718) gran tin
the table and.be printed as requested.
M oore;
pension to Sarah L. O rr;
A bill (S. 6719) granti
D E P A B tM E 'W T O F rr E A tT T T .
A bill (S. 6720) gran||£i an increase of pension to Le Roy
Mr. OWEN. I present a paper, being abstracts from those
Gardner;
|
i
* A bill (S. 6721) granting an increase of pension to Edgar * who indorse Senate bill No. 1. I ask that the abstracts lie on
the table and be printed in the R ecord.
Cross;
There being no objection, the abstracts were ordered to lie on
A bill (S. 6722) granting an increase o f pension to Williamf
the table and to be printed in the R ecord, as follow s:
G. Thompson;
Jr
*
f
T h e A d vo cate s of an I m pr o v e d N a t io n a l H e a l t h Se r v ic e , a
A bill (S. 6723) granting an increase of pension to Josephu^
N a t io n a l B ureau or D e p a r t m e n t of H e a l t h .
B row n;
M
\
I
POLITICAL AND INDIVIDUAL.
A bill (S. 6724) {granting an increase of pension to Sobieski
The Republican national platform, 1 9 0 8 :
K. Withers (with.Accompanying paper) ;
“ W e commend the efforts designed to secure greater efficiency in
A bill (S. 67253 granting a peuSpon to Fred M. Livingston national public-health agencies and favor such legislation as will effect
this purpose.”
(with accompanying papers) ;
_
President T a f t :
A bill (S. 67^S) granting an increase of pension to John B.
“ For a very considerable period a movement has been gathering
Craig (with accompanying papers) ; ,
§, strength, especially among the members of the medical profession, in
of
A bill (S. 0jjf27) granting an increase of pension to James L r favor of a concentration the the instruments of the National Government
which have to do with
promotion of public health. In the nature
Brown (witL^iccompanying papers) ; \
J of things, the Medical Department of the Army and the Medical Depart
ment of the Navy must be kept separate.
But there seems to be no
A bill (SJ672S) granting an increase of pension to Joseph^
reason why all the other bureaus and offices in the General Government
Carnahan (fritli accompanying papers)
which have to do with the public health or subjects akin thereto should
A bill (SK 6729) granting an increase of pension to Roman G, not be united in a bureau to be called the ‘ Bureau of Public H ealth.’
This would necessitate the transfer of the Marine-Hospital Service to
Heusted (With accompanying papers) ; and
such a bureau.
I am aware that there is a wide field in respect to
A bill ^ S . 6730) granting an increase o f pension to John public health committed to the State, in whicn the Federal^ Government
Noble (vpjth accompanying paper); to the ^Committee on Pen can not exercise jurisdiction, but we have seen in the Agricultural Department the expansion into widest usefulness of a department giving
sions. $
-attention to agriculture when that subject is plainly one over which the
A bih| (S. 6731) for the relief of William H. H. Center ; and (States properly exercise direct jurisdiction. The opportunities offered
A big (S. 6732) for the relief o f Phillip Watson (with ac- *for useful research and the spread of useful information in regard to
the cultivation of the soil and the breeding of stock and the solution
comp;living paper) ; to the Committee on Claims.
jf many of the intricate problems in progressive agriculture have
A bill (S. 6733) to correct the military record of Samuel lemonstrated the wisdom of establishing that department. Similar
oasons, of equal force, can be given for the establishment of a bureau
Pickerel (with accompanying papers) ; to the Committee on
if health that shall not only exercise the police jurisdiction of the FedMilitary Affairs.
ral Government respecting quarantine, but which shall also afford an
pportunity for investigation and research by competent experts into
By Mr. GALLINGER:
uestions of health affecting the whole country, or important sections
A bill (S. 6734) to provide for the erection of an armory in
hereof, questions which, in the absence of Federal Government work,
the District of Columbia; to the Committee on Public Build
re not likely to be promptly solved.”
Ex-President Roosevelt:
ings and Grounds.
. .
, .,
“ Our national health is physically our greatest national asset.
To
A bill (S. 6735) to regulate the practice of medicine and mid
revent any possible deterioration of th e American stock should be a
wifery in the District of Columbia, and to punish persons vio national ambition. We can nojt too strongly insist on the necessity of
lating the provisions thereof; to the Committee on the Distiict proper ideals for the family, for simple living, and for those habits and
tastes which produce vigor and make men capable o f strenuous service
o f Columbia.
CONGRESSIONAL RECORD— SENATE
Washington State Board of Health.
West Virginia State Board of Health.
Board of Supervisors of the State of Mississippi.
CITY.
Dr. J. E. Crichton, department of health of Seattle, W a s h .:
“ To mention the points which impress me as most important, as th
commissioner of health of the second largest American port on th
Pacific, I would begin by saying that there should be a national
department of health with a Cabinet member, preferably.
A bureii
of health as a second choice, of course.
I believe a Cabinet office !
necessary and proper in order that there may be some proper contra?
of vital statistics and the registration and proper reporting of com1
municable diseases.”
Among other city health officers indorsing the establishment of
national bureau or department of health a r e :
a
Dr. Ernest J. Lederle, commissioner of health, New York City.
Dr. J. H. Landis, health officer, Cincinnati, Ohio.
Dr. Guy L. Kiefer, health officer, Detroit, Mich.
Dr. James Bosley, commissioner of health, Baltimore, Md.
Dr. M. Goltman, superintendent health department, Memphis, Tenn
Dr. C. S. Woods, secretary department of public health and charities
Indianapolis, Ind.
s’
Dr. Charles V. Chapin, superintendent of health, Providence, R. j
Dr. B. Becker, health officer, Toledo, Ohio.
Dr. Paul D. Casey, secretary of health department, Dallas, Tex.
Dr. Walter S. Wheeler, health commissioner. Kansas City, Mo.
Dr. Samuel G. Paul, health commissioner, Salt Lake City, Utah.
BOARD OF TRADE AND CHAMBER OF COMMERCE.
Lancaster (Pa.) Board of Trade:
“ Whereas the most Important subject before the American people to-dav
and for all time to come is the proper conservation of the physical
and mental energies of the race, in order to insure the perpetuation
of the sterling qualities of virile manhood and womanhood so essential to the continued preeminence of the Nation and to bring to each
citizen his just share of the joy to he derived from perfect health •
and
’
“ Whereas this condition can be most materially assured and hastened
through the creation of a Federal health department, in charge of a
competent health commissioner, who, by means of educational propa*1
ganda, closer quarantine, and interstate regulation, can thereby better
safeguard the Nation’s health ; and
1
“ Whereas Senate bill No. 6049 (now No. 1 ), introduced by Senator
O w e n , of Oklahoma, provides for the establishment of a health de
partment and a Cabinet officer in charge of the same : Therefore be it
“ Resolved by the directors of the Lancaster Board of Trade, of Lan
caster, Pa., That we heartily favor the passage of Senate bill 6049, and
earnestly urge the members of the United States Senate from this State
to give their active support to its final enactment.”
Among others indorsing the department idea are those in the follow
ing citie s:
The Pasadena Board of Trade, Pasadena. Cal.
Indianapolis Board of Trade, Indianapolis, Ind.
Board of Trade, Ashland, Mass.
Fitchburg Board of Trade and Merchants’ Association, Fitchburg, Mass.
Salem Board of Trade, Salem, Mass.
The Worcester Board of Trade, Worcester, Mass.
Elizabeth Board of Trade, Elizabeth, N. J.
Hoboken Board of Trade, Hoboken. N. J.
Board of Trade, Long Branch, N. J.
New Lots Board of Trade, Brooklyn, N. Y.
Richmond Hill Board of Trade, Richmond Hill, N. Y .
Erie Board of Trade, Erie, Pa.
Susquehanna Board of Trade, Susquehanna, Pa.
Morgantown Board of Trade, Morgantown, W . Va.
Springfield Board of Trade, Springfield, Mass.
Cleveland Chamber of Commerce, Cleveland, Ohio.
Chamber of Commerce, Tucson, Arlz.
Longbeach Chamber of Commerce. Longbeach, Cal.
Oakland Chamber of Commerce, Oakland, Cal.
Chamber of Commerce, Petaluma, Cal.
San Jose Chamber of Commerce, San Jose, Cal.
Chamber of Commerce, Athens, Ga.
Chamber of Commerce, Quincy, HI.
Bangor Chamber of Commerce, Bangor, Me.
The Commercial Club of Minneapolis, Minn.
The Willard Commercial Club, Willard, N. Mex.
Chamber of Commerce, Olean, N. Y.
Rochester Chamber of Commerce, Rochester, N. Y.
Syracuse Chamber of Commerce, Syracuse, N. Y.
Chamber of Commerce, Y'onkers, N. Y.
Chamber of Commerce, Akron, Ohio.
Hobart Chamber of Commerce, Hobart, Okla.
Oklahoma City Chamber of Commerce, Oklahoma City, Okla.
Chamber of Commerce, Allentown, Pa.
Merchants’ Association and Chamber of Commerce, Altoona, Pa.
Butler Chamber of Commerce, Butler, Pa.
Chamber of Commerce, Clearfield, Pa.
Sumter Chamber of Commerce, Sumter. S. C.
The Commercial Club, Sioux Falls, S. Dak.
San Angelo Chamber of Commerce, Texas.
SCIENTIFIC.
American Association for the Advancement of Science ( 1 9 0 6 ; rein,
dorsed in 1911) :
“ Whereas the American Association for the Advancement of Science has
appointed a committee of one hundred on national health, and this
committee Is performing a work of great importance for the welfare
of the Nation : Be it
“ Resolved, That all members of this association are urged to cooper
ate with the committee in its efforts to conserve and improve the health
of the people and especially in its plans to increase the efficiency 0f
the National Government in dealing with the problems of public health.”
MEDICAL.
American Medical Association :
“ Whereas, Hon. R o bert L. O w e n , Senator from Oklahoma, has intro
duced in the Senate of the United States Senate bill No. 1, creating a
department of public health for the purpose of giving proper study to
the causes of disease ; and
'“ Whereas such a department has been formally approved in the plat
forms of all of our great political parties, and by President Roose
velt and President Taft, in order that our country may be placed on
/ ‘to thejj* country. The preservation of national vigor should be a mat
ter o f patriotism.
‘>For this reason, and because many of the problems of public health
are interstate in their character, the aid of the Federal Government is
necessary to supplement the work of State and local boards of health.
Federal activity in these matters has already developed greatly, until
now it includes quarantine, meat inspection, pure-food administration,
and Federal investigation of the conditions of child labor.
It is my
own hope that these important activities may be still further developed.
*
*
*
#
$
*
♦
“ I also liop6 that there will-bo legislation increasing the power of the
National Government to deal with certain matters concerning the health
of our people everywhere ; the Federal authorities, for instance, should
join with all the State authorities in warring against the dreadful
scourge of tuberculosis. I hope to see the National Government abreasi
of the foremost State governments.”
Ex-Vice President Charles W . Fairbanks:
“ I am thoroughly in sympathy with such a movement.”
Ohio State Legislature.
Ohio Republican platform, 1908.
Delaware Republican platform, 1908.
The Republican Club, New York City.
The Democratic national platform, 1 9 0 8 :
“ We advocate the organization of all existing national public-health
agencies into a national bureau of public health, with such power over
sanitary conditions connected with factories, mines, tenements, child
labor, and other such subjects as are properly within the jurisdiction of
the Federal Government and do not interfere with the power of the
States controlling public-health agencies.”
Ex-President Grover Cleveland :
“ I am in complete sympathy with the aims and purposes [to estab
lish a national department of health] of this Committee [of one hun
dred on national health].”
Mr. William J. Bryan :
“ Congress should appropriate money to carry on investigations into
diseases national in their scope.”
Independence League platform, 1908 :
#
“ We favor the creation of a national department of public health,
to be presided over by a member of the medical profession, this depart
ment to exercise such authority over matters of public health, hygiene,
and sanitation which come properly within the jurisdiction of the
National Government and do not interfere with the right of States or
municipalities.”
Ex-President Eliot, of Harvard University:
“ I have a very stronge sense of the value of the work already done
by the committee of one hundred on national health and of the impor
tance of the work immediately before it, namely, the creation of a
national bureau of public health, with a commissioner of health at its
head.”
Dr. Harvey W. Wiley, Chief of the Bureau of Chem istry:
“ The supervision of the public health, being the most important
work in the preservation of our natural resources, should be given to a
national department of health, the head of which should be a member
of the President’ s Cabinet and by education and experience be skilled in
matters relating to the department over which he is called to preside.”
Others commending the movement are Secretary Wilson, of the De
partment of Agriculture ; Dr. Cressy L. Wilbur, chief statistician,- Divi
sion of Vital Statistics, Department of Commerce and Labor; Surg.
Gen. Torney, W ar Department; Rear Admiral Charles F. Stokes, Sur
geon General United States N a v y ; Hon. Andrew D. White, ex-president
Cornell University, ex-ambassador to France ; and many thousands of
individuals.
STATE.
Hon. William Hodges Mann, governor of Virginia :
“ I sincerely hope that the Committee [on Public Health and National
Quarantine, in the Senate] may have evidence before it which will jus
tify a favorable report, and that a department of public health, under a
secretary with a seat in the Cabinet, may be established.”
Among other indorsements from State governors are those of—
Hon. William M. O. Dawson, governor of W est Virginia.
Hon. Samuel G. Dixon, governor of Pennsylvania.
Hon. John C. Cutler, governor of Utah.
Hon. B. B. Brooks, governor of Wyoming.
Hon. Curtis Guild, jr., governor of Massachusetts.
Hon. George E. Chamberlain, governor of Oregon.
Hon. B. B. Comer, governor of Alabama.
Hon. Albert E. Mead, governor of Washington.
Hon. Coe I. Crawford, governor of South Dakota.
STATE BOARD OF HEALTH.
Dr. Joseph Y. Porter, president of the Conference of State and
Provincial Boards of Health of North America :
“ It has been the hope of the State health officers for a number of
years that finally the representatives of this great Government might
recognize the fact that we are deserving of a representative in the
President’s Cabinet, and that therefore a department of public health
should be inaugurated by Congress.”
This conference^ of State health officers has more than once passed
resolutions indorsing the proposal for a national department of health.
Among particular State boards of health advocating a national
bureau or department of health arc :
California State Board of Health.
Delaware State Board of Health.
Arkansas State Board of Health.
North Carolina State Board of Health.
Indiana State Board of Health.
Iowa State Board of Health.
Kansas State Board of Health.
Louisiana State Board of Health.
Kentucky State Board of Health.
Maryland State Board of Health.
Michigan State Board of Health.
Oklahoma State Board of Health.
Pennsylvania State Board of Health.
Nebraska State Board of Health.
Vermont State Board of Health.
Wyoming State Board of Health.
Oregon State Board of Health.
Montana State Board of Health.
New York State Board of Health.
Rhode Island State Board of Health.
Tennessee State Health Association.
Utah State Board of Health.
Ma y 7
CONGRESSIONAL RECORD— SENATE
1912
plane with the other civilized nations of the world in the conserva
tion of our greatest national asset— the health and lives of our
people; and
“ Whereas through sinister and corrupt efforts of the patent medicine
manufacturers, and those opposed to the honest administration of the
pure food and drug laws, many worthy persons have been misled into
believing that this great measure, designed solely for the protection
of the public health and for the prevention of disease, is designed to
have any jurisdiction in limiting the practice of medicine: Now
therefore be it
“ Resolved, That the American Medical Association pledges its sup
port to the principles of the Owen bill. Senate bill No. 1, creating a
department of public health ; that it repudiates and denounces the mis
representation of this measure and the base slanders against the medi
cal profession distributed through the corrupt efforts of the interests
which are behind the so-called League of Medical Freedom ; that it
declares itself as distinctly opposed to any effort, now or hereafter, by
the Congress to regulate or control the practice of medicine or to dis
criminate for or against any school or system of practice: And in
order the better to give effect to the principles herein set forth, be it
further
Resolved, That the proposed organization of a national department of
health, as contemplated in the bill recently introduced into the Senate
of the United States by Senator R o ber t L. O w e n , of Oklahoma, we
believe to be a measure of the greatest national importance and we
bespeak for it your earnest support.”
Other medical organizations indorsing the improvements of the public
health service, the national bureau, or the department movement a r e :
Dr. W illiam M. Polk, president of the New York Academy of Medicine.
Medical Society of the County of Kings, N. Y.
Mississippi Valley Medical Association.
Pharmacological Society.
Northwestern Medical School Alumni.
American Association of Medical Milk Commissions.
Tri-County Medical Society of Woodbury, N. J.
Medical Society of State of New York.
Medical Society of the Missouri Valley.
American Urological Association.
American Climatological Association.
American Opthalmological Society.
American Academy of Medicine.
Medical Society of State of Pennsylvania.
Fort Wayne Medical Society.
Medical Association Embracing Five States in the Southwest.
Tri-State Medical Association.
Minnesota State Medical Association.
Homeopathic Medical Society.
San Francisco County Medical Society.
The Public Health Commission of Medical Society of State of Cali
fornia. Pasadena.
Medical Association of District of Columbia.
Medical Association of Georgia. Athens.
South Idaho District Medical Society, Boise. Idaho.
IncUkna State Medical Association, Linton, Ind.
Iowa Medical Society, Des Moines, Iowa.
Kentucky State Medical Association.
Norfolk District Medical Society, Dorchester. Mass.
Medical and Chirurgical Faculty of Maryland, Baltimore.
Mississippi State Pharmaceutical Association.
Nebraska State Medical Association. Lincoln.
Oklahoma State Medical Association.
Allegheny County Medical Society, Pittsburgh.
South Dakota State Medical Association.
•Tt'fTerson County Medical Society. Birmingham, Ala.
Stale Medical Association of Texas.
National Association of Retail Druggists.
Institute o f Dental Pedagogues, Washington. I). C.
National Dental Association, Dorchester, Mas
American Physiological Society.
American Society of Biological Chemists.
American Gastro-Enterological Association
American Chemical Society, San Francisco, Cal.
And many others.
RELIGIOU
International Committee of Young Men’ s Christian Associations, New
York. N. Y.
National Baptist Publishing Beard. Nashville, Tenn.
Rev. Granville S. Taylor, Meth '-ust Episcopal Church, Duncan, Okla.
Presbyterian Church. LeadvilP, Colo.
Swedish Lutheran Church. Leadville, Colo.
Brotherhood of the First Presbyterian Church, Fort Collins, Colo.
EDUCATIONAL.
Edward T. Ware, Atlanla University. Atlanta. Ga.
F. E. Ilirsch. Charles City College, Charles City, Iowa.
C. O. Bates, Coe College, Cedar Rapids, Iowa.
President E. P. O aignead, Tulane University. New Orleans, La.
Edmund C. Sanford. Clark College, Worcester. Mass.
W illiam A. Webb, Central College, Fayette. Mo.
W illiam S. Ah.rich. Thomas S. Clarkson Memorial School of Tech
nology, Potsdam, N. Y.
A. Grant Ev
University of Oklahoma, Norman, Okla.
A. M. Campbell, president Franklin College. New Athens, Ohio.
Presidenf R. G. Waterhouse, Emory and Henry College, Emory, Va.
Edward Dwight Eaton, Beloit College. Beloit. W is.
W . O. Carrier. Carroll College, Waukesha. W is.
These are only a few of the educational indorsements, and do not
includ ■ ihe representatives on the Committee of One Hundred. These
include the presidents of Yale, Harvard, and other leading universities.
LIFE INSURANCE.
Association of Life Insurance Presidents.
Metropolitan Life Insurance Co., New York.
Equitable Life Assurance Society, New York.
Postal Life Insurance Co., New York.
New York Life Insurance Co., New York.
Dr. .T. W . Fisher, medical director of the Northwestern Mutual Life
Insurance Co.
_
,r ,
T.
T
•Tos. A. De Boer, president National Life Insurance_Co., Montpelier, Vt.
• . G. Walker, president Life Insurance Co. of \ irginia, Richmond, Va.
T
W . 0 ^Baldwin, president Pittsburg Life & tru st Co., Pittsburgh, Pa.
The Columbia Life Insurance Co.. Cincinnati. Ohio.
Z. Taylor Emery, M . D., The Manhattan Life Insurance Co., New
York.
X L V I I I -------- 3 7 7
5997
F. W . Frelinghuysen, The Mutual Benefit Life Insurance Co., New
ark. N. J.
^ . W - , A . Lindly, president the Security Mutual Life Insurance Co
Lincoln, Nebr.
’
American Life Insurance Co., Des Moines, Iowa.
American Central Life Insurance Co., Indianapolis, Ind
D^Philip Burnet, president Continental Life Insurance Co., W ilmington,
Commercial Life Insurance Co., Chicago. 111.
Isaac Miller Hamilton, president Federal Life Insurance Co., Chi
cago, ill.
The Great Western Life Insurance Co., Kansas City, Mo.
M. Rothschild, president Immediate Benefit Life Insurance Co., Balti
more.
International Association of Accident Underwriters.
- J - D- Reynolds, president Kansas City Life Insurance Co., Kansas
City, Mo.
W . A. Cole, president Lamar Life Insurance Co., .Tackson. Miss.
Texas Life Convention, Houston, Tex. (includes Southwestern Life
Insurance Co.. D a lla s; San Antonio Life Insurance Co., San A ntonio;
Fort W’ ortli Life Insurance Co., Fort W orth ; Great Southern Life In
surance Co., H ouston).
LABOR.
American Federation of Labor :
“ Whereas legislation for the improvement of public health is directly
for the benefit of the members of organized labor and even more for
the benefit of the families of the members of the American Federa
tion of Labor'.
“ Resolved, That the American Federation of Labor shall cooperate
in supporting the legislative program of the Committee of One Hundred
on National Health and further include the legislative program of the
Committee of One Hundred on National Health in the legislative pro
gram o f the association ; and be it further
“ Resolved, That a special committee be appointed to cooperate in
securing such legislation at W ashington.”
Among oilier indorsements are those of the—
United Mine Workers of America.
Ancient Order of United Workmen of Massachusetts, Boston.
Cigar Makers’ International U nion-of America, Chicago.
Brotherhood of Painters, Decorators, and Paper Hangers of America
Lafayette. Ind.
Brotherhood of Railroad Freight Handlers, Chicago.
International United Brotherhood of Leather Workers, Kansas City, Mo
Granite Cutters’ International Association of America, Quincy, Mass.
Journeymen Tailors’ Union of America, Bloomington, III.
U iernational Association of Machinists, Washington, D. C.
National Association of Master Plumbers, Chicago.
Arkansas Retail Hardware Association.
International Carpenters and Joiners.
GRANGE.
National Grange, Des Moines, Iowa.
Now York State Grange.
Maine State Grange.
Varysburg Grange, No. 1040, Varysburg, N. Y .
Saco River Grange, Bar Mills, Me.
Farmers’ Educational Union of America.
PHILANTHROPIC AND FRATERNAL.
American Association for the Study and Prevention of Infant Mor
tality, Baltimore :
“ Resolved, That the American Association for the Study and Preven
tion of Infant Mortality indorse the movement for a national depart
ment of health, believing that the establishment of such a department
will lead to great reduction of infant mortality, not only through im
proved regulation of interstate commerce in milk, infant foods, and
medicines, but also through wider dissemination of information and
more rapid improvement in our knowledge of the causes of infant mor
tality and the methods of prevention.”
Among others that have passed similar indorsements are—
National Association for the Study and Prevention of Tuberculosis.
American Public Health Association, Washington, D. C.
The Associated Charities, Pueblo, Colo.
Board of Public Charities, New Britain, Conn.
The Associated Charities of Pensacola, Fla.
Associated Charities and Philanthropies, Peoria, 111.
The Associated Charities, South Bend, Ind.
Topeka Provident Association, Topeka, Kans.
The Federated Charities of Baltimore.
Milk and Baby Hygiene Association, Boston.
The Associated Charities, St. Paul, Minn.
Orange Bureau of Associated Charities, Orange, N. J.
Keene Associated Charities, Keene, N. H.
National Conference of Charities and Correction, New York.
The \Schenectady Charities Association, New York.
Associated Charities, Raleigh, N. C.
Oklahoma State Conference of Charities and Corrections, Guthrie.
The United Charities, Wilkes-Barre, Pa.
National Child Labor Committee, New York.
Connecticut State Conference of Charities and Correction.
Social Service League, Elmira, N. Y .
»
Consumers’ League of Oregon.
Council of Social Agencies (including 80 organizations), St. Louis, Mo.
Leadville Improvement Association. Leadville. Colo.
De W itt Clinton Health League, New York City.
American Association for Preventing the Pollution of Rivers and
Waterways, Washington. D. C.
•
National Municipal League.
Anti-Tuberculosis League, South Bend, Ind.
Louisiana Anti-Tuberculosis League, New Orleans.
National Civic Federation, New York City.
American Civic Association.
Southern Conservation Congress,^ Atlanta, Ga., 1010
"
" "
~~
~
”
‘
1911.*
c a n c a n
V 1 L.V, 1VJLU.
.
.. _
, .
Knights Templar, Detroit, Mich.
^ anf , Council Royal Arcanum of Minnesota, Minneapolis, Minn.
Odd Fellows. Leadville. Colo.
1
’
Patriotic Order Sons of America, Meriden Conn
American Waterworks Association.
w o m en’ s clu bs.
General Federation of W omen's Clubs
New Jersey State Federation of Women’ s Clubs.
Tennessee Federation of Women’s Clubs
CONGRESSIONAL RECORD— SENATE.
5998
Women’s Clubs of the State of Texas.
Y.'omfcA.s Club of Orange. N. .T
.
Natioum''Woman’s Christian Temr
Omaha (
Woman’s Club*
Visiting Nurse Associationi Ji»l
tr
Bend,
Evanston Woman’s
inois.
Jnion.
Ind.
Fg e NEBAQY ( S . DOC. NO. 6 4 8 ) .
Mr. TOWN£»K*vD. I have a copy of an address delivered by
Dr. J. IL^fellogg, of Battle Creek,* Mich., before the medical
congmsffat New Haven, Conn., last year. I ask that the addreasbe printed as a Senate document.
The PRESIDENT pro tempore. Without objection, an order
therefdV* is entered.
HEALTH
C O N S E R V A T IO N
( S . DOC. N O . 6 4 7 ) .
Mr. OWEN. I present a paper by Parker H. Sercombe, of
Fairhope, Ala., relative to the bill (S. 1) to establish a national
department of health. I ask that the paper lie on the table
and be printed as a Senate document.
The PRESIDENT pro tempore. Without objection, the
memorial will lie on the table and an order for the printing
ihereof will be entered.
The PRESIDENT pro tempore. The bill (S. 405) authoriz
ing the Secretary of the Interior to classify and appraise un
allotted Indian lands is in conference between the two Houses,
and the conferees on the part of the Senate are the Senator
from South Dakota [Mr. Gamble], the Senator from North
Dakota [Mr. McCumber], and the Senator from Missouri [Mr.
Stone]. The Senator from South Dakota is absent and can
not serve. The Chair has been requested to ask that he be
excused from further service and to substitute the junior Sena
tor from Minnesota [Mr. Clapp] in his place. Without objec
tion, that substitution will be made.
employers’ liability and workmen ’s compensation.
Mr. SUTHERLAND. Mr. President, the workmen’s compen
sation bill which has been sent to the other House had an error
in the enrollment. I therefore move that the House be re
quested to return the bill to the Senate in order that the error
may be corrected.
The PRESIDENT pro tempore. The Senator from Utah
moves that the Ilouse. of Representatives be requested to return
to the Senate the bill tS. 5382) to provide an exclusive remedy
and compensation for aiccidenta.1 injuries, resulting in disability
or death, to employees of common carriers by railroad engaged
in interstate or foreign ^om^jerce, or in the District of Colum
bia, and for other purposes. .' The question is on that motion.
The motion was agreed |p.
C O ST OF L IV IN G I N
F O R E IG N
C O U N T R IE S
( H . DOC. N O . 7 3 6 ) .
Ma t 7
I have sent to the Congress and in many reports of the heads of.
departments. It is conceded by everyone acquainted with the
situation that some action must be taken. Under present condi
tions the loss to the Government will continue to increase. Some
method other than the summary discharge of employees when
they become inefficient on account of age must be adopted.
The present practice o f retaining such employees on the rolls
and, as tliej^grow older, expecting from them a smaller quantity
and lower grade o f work can not continue indefinitely without
seriously impairing the efficiency of the entire service and im
posing upon faie Government a cost that will be in excess of
the expense tcq.be incurred by the adoption of a reasonable plan
for remedying existing conditions.
V
PROPOSED PLAN OF RETIREMENT.
The plan subn$tted by the commission contemplates that each
employee in the classified service in the executive departments
and establishment^ at Washington*shall be retired as soon as he
reaches the age o f 70 years and shall receive thereafter an an
nuity equal to one-ttalf of his annual salary, with the provision
that no annuity shall exceed $G00.
I invite particular attention to the fact that the plan provides
that each person liel^after entering the service shall pay the
entire expense of his |wn retirement by contribution from his
salary, so that when 1 Areaches the age of 70 years the fund he
>
has accumulated will provide his retirement allowance. In such
a case the only contribution of the Government, if any, will be
the difference between ttjp interest earned by his savings de
posited in the Treasury Ind invested by the Government and
the rate of 4 per cent per Spurn. So far as concerns this class
of persons, there certainljfcean be no reasonable objection to
the plan, and I doubt if a s plan more beneficial both to the
Government and to the employee could be devised.
EMPLOYEES NflftV IN THE SERVICE.
It is evident that the applicraion of the plan only to those who
hereafter enter the service w ofid not relieve the present condi
tion due to superannuation norksave the Government from the
constantly increasing loss froimthat cause. It is not practi
cable for those now 70 years of^ige, or for those nearing that
age, to provide the cost of retirement entirely at their own
expense. To meet the existing situation and to put a retirement
plan into effect immediately there must be some contribution by
the Government. This contribution need be little more in the
aggregate than is now the Government's loss from inefficiency
due to superannuation. After a coiiparatively short period of
years the annual payments made bj[ the Government will be
less than the loss it would sustain if %0 plan were adopted.
It is proposed that an employee now in the service who has
leached the age o f 70 years shall be retired and be paid by the
United States an annuity equal to one-half o f his average annual
pay for the last five years, but no such fennuity to exceed $600.
As to an employee less than 70 years of age, it is proposed that
he shall be retired when he reaches 70 (A an annuity equal to
one-half of his average annual pay for the entire period of his
service (no annuity to exceed $600), and q>at there shall be de
ducted from his pay until he reaches 70 yehrs such an amount,
not exceeding 8 per cent of his pay, as, witli 4 per cent interest*
will purchase his annuity. In the case of aft employee who has
but a few years to serve before reaching 70,\ some contribution
by the Government will be necessary to supplement his savings
in order to provide an annuity of a reasonable amount.
The PRESIDENT pro teitapore laid before the Senate the
following message fro® the?* resident of the United States,
the Committee on Foreign Re
which was read and pmerred
lations and ordered t#‘ be prinfi
To the Senate and igbase of Re. esentatives
om the Acting Secretary of
I transmit herej^ith a letter
State, with acconytanying data, 01% cooperation and the cost of
living in certain .foreign countries. %The information is supple
mentary to that Contained in my message of March 13, 1912.
W m . H. T aft.
ANNUITIES LIMITED TO $ 6 0 0 . \
T he W hite H ouse, May 6, 1912.
A retirement plan is only a means to an endland that end is
[Papers actjbmpanied a similar mess?|ge to the IJouse of Rep
an increase of efficiency in the public service. T|he Government
resentatives.
is not required to take charge of an employee’s finances, nor ig
E C O N O M Y A N D E F F I C I E N C Y I N T H E C I V I L E S T A B L I S H M E N T ( H . DOC.
it justified in doing so except, so far as it is ne^ssary to pro
NO. 7 3 2 ).
tect the Government against the inefficiency ofVthe employee
The PRESIDENT pro tempore laid before the Senate the due to superannuation. It is my opinion, therefore, that a plan
following message from the President oflth e United States, of retirement should be so adjusted as to make the least possible
which was read and referred to the C om m i^e on Civil Service demand upon the Government and at the same timfe draw from
and Retrenchment and ordered to be printe
his personal control as little of an employee’s moneyps possible.
To th(j Senate and House of Representatives:
The proposed plan meets these requirements. W hil* the maxi
I transmit herewith a report of the Commisfeion on Economy mum annuity of $600 is not sufficient to provide tlie luxuries
and Efficiency on the subject of the retiremenferom the classi of life, it is enough to insure an employee against want, even if
fied anvil service of superannuated employees. S o the plan pro he has been so unfortunate as to have made no other provision
posed in this report and set forth in detail in till accompanying for his declining years. It is sufficient also to render ineffectual
d rift of a bill I give my unqualified approval, bdfeause I believe the appeals so often made to the sympathy of administrative
itko be sound in principle and just both to the G&yernment and officers when they attempt to remove from office an employee
t^ its employees.
who has become inefficient through old age. At the same time
NECESSITY FOR A RETIREMENT PLAN.
—
the amount withheld from an employee’s salary in order to pro
It is unnecessary at this time to discuss at leng^i the neces vide his annuity is not sufficient to justify the thrifty in com
sity for adopting some plan by which the service majfjbe relieved plaining that they are being deprived of an excessive portion of
of the loss from the inefficiency of the personnel catted by the their income which they could invest more profitably.
RATE OF INTEREST ON SAVINGS.
retention on the rolls, after long and faithful service*, of those
who have passed the age when they can perform a full day’s
In any compulsory saving plan it is but just that the Govern
work. The subject is one with which all administrative officers ment should guarantee a reasonable rate o f interest to its em
are familiar. It has been referred to in several messages which ployees. Four per cent is the rate now paid by the Govern-
CONGRESSIONAL RECORD— SENATE.
1912
Mi1 SMOOT. Certainly.
.
Mr. BRISTOW. If the Senator will examine the report, he
will find that this man went home to visit his sick wife after
he thought the war was over, when there was nothing further
to do, and he did not go back to his regiment. That is all
there is to it.
Mr. SMOOT. I did not have the opportunity to read the re
port. All I desired was to ascertain the facts in the case. On
the statements which have been made I have no objection to the
bill, Mr. President.
Mr. BRANDEGEE. Mr. President, while the bill purports to
give the beneficiary a pensionable status, the amendment recom
mended by the committee provides distinctly that he shall not
have a pensionable status.
Mr. SMOOT and Mr. LODGE. Oh, no.
Mr. BRANDEGEE. That is the way it is in the bill.
Mr. SMOOT. Oh, n o ; it provides “ that no pension shall ac
crue prior to the passage of this act.”
Mr. BRANDEGEE. That is true.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment reported by the committee.
The amendment was agreed to.
The bill was reported to the Senate as amended and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading,
read the third time, and passed.
The title was amended so as to read: “A bill for the relief of
Nathan McDaneld.”
Mr. LODGE. Let that bill go over.
The PRESIDENT pro tempore. The bill will go over.
The bill (S. 117) granting an increase of pension to Annie G.
Hawkins, was announced as next in order.
Mr. SMOOT. I ask that the bill which has just been stated
and the bill following it on the calendar be passed over. The
chairman of the Committee on Pensions is not present at this
time, and he desires to be here when thesjg bills are taken up.
Mr. DU PONT. I should like to have the bills taken up, Mr.
President.
Mr. SMOOT. I know the chairman of the committee desires
to be heard upon the two bills; iUT'fact, he asked, in case they
should come up during his absenfg, to request that they go over.
Mr. DU PONT. Very well. :f
The PRESIDENT pro temppfe. At the request of the Senator
from Utah, Senate bill 117 aiid Senate bill 11S will be passed
over.
The bill (II. R. 9061)lim itin g the hours of daily service of
laborers and mechanicswjnployed upon work done for the United
States, or for any Territory, or for the District of Columbia,
and for other purposes, was announced as next in order.
The PEE SI DENT pro tempore. The bill will be passed over
on request of the present: occupant of the chair.
The bill (S. Q^tlO) to provide for agricultural entries on coal
lands in AlaskA was announced as next in order.
Mr. OLAIlK' of Wyoming. Let the bill go over.
The PRESIDENT pro tempore. The bill will go over.
HOMESTEADS IN FLATHEAD IRRIGATION PROJECT.
BILL PASSED OVER.
The bffl (S. 5957) providing for the issuance o f patents to
The bill (S. 2605) to provide that petty officers, noncommis entrymgK for homesteads in the so-called Flathead irrigation
sioned officers, and enlisted men of the United States Navy and pro jeep was announced as next in order.
Marine Corps on the retired list who had creditable Civil War
MfprBORAII. I will ask the Senator from Utah if this bill
service shall receive the rank or rating and the pay of the next is fifit covered by the bill we passed the other day?
higher enlisted grade was announced as next in order.
Mr. SMOOT. No. It is the same subject matter as the bill
M r. O V E R M A N . L e t that bill go over.
yfliich was passed the other day, but this applies only to Alaska.
T h e P R E S ID E N T pro tem pore. T h e bill w ill be passed over.
Mr. BORAH. The bill as to Alaska has gone over.
Mr. SMOOT. Oh; I thought we were considering that. My
STREET R AILW A Y EXTENSIONS IN THE DISTRICT OF COLUMBIA.
:
The bill (S. 5990) to provide for the extension of the under attention was diverted for the moment.
The PRESIDENT pro tempore. It is Order of Business No.
ground system of the Washington Railway & Electric Co. Ahd
the City & Suburban Railway of Washington along certain 548.
Mr. SMOOT. I ask that Calendar No. 548 be transferred to
streets in the city of Washington, and for other purposes; was
Rule IX.
considered as in Committee of the Whole.
The PRESIDENT pro tempore. It will be transferred to
The bill had been reported from the Committee on the Dis
Rule IX.
trict of Columbia with amendments. The first amendment was,
ROADS IN COLVILLE RESERVATION, W ASH .
in section I, on page 1, line 4, before the words “ i&hereby,” to
The bill (S. 5350) authorizing and directing the Secretary of
insert the word “ it,” so as to read:
the Interior to investigate and report upon the advisability of
That the Washington Railway & Electric Co., of the District of Co
lumbia, be, and it is hereby, authorized and directed to extend its lines constructing roads upon the diminished Colville Indian Reser
of street railway with a single track of underground conduit construc vation in the State of Washington, and for other purposes, was
tion, and to equip, operate, and maintain the same with necessary considered as in Committee o f the Whole.
switches, connections, and turnouts, along the following route.
The bill had been reported from the Committee on Indian
The amendment was agreed to.
Affairs with amendments, in line 4, page 1, after the word
The next amendment was to strike out Section 2, as follows : “ directed,” to insert “ without additional cost,” and on page 2,
S ec . 2. That the City & Suburban Railway of Washington be, and is line 3, after the word “ reservation,” strike out the remainder
hereby, directed to extend its lines of street railway with single track
of underground conduit construction, and to equip, operate, and main of the bill, so as to make the bill read :
tain the same, with necessary switches. Connections, and turnouts, in
C and D Streets NE.. from Thirteenth tb Fifteenth Streets, which ex
tensions are authorized in amendments to the charter of the Eckington
« Soldiers’ Home Railway Co. of July; 5, 1892, and February 13, 1893.*
And to insert in lieu thereof: «
. S ec . 2. That the City & Suburban Railway of Washington be, and it
is hereby, directed to extend its lilies of street railway with single track
of. underground conduit construction, and to equip, operate, and main
tain the same, with necessary Switches, connections, and turnouts, in
C and D Streets NE., from Thirteenth Street to Fifteenth Street.
The amendment was agreed to.
The next amendment Avas, in section 4, on page 3, line 14,
before the word “ companies,” to strike out “ respectve” and
to insert “ respective,’Uso as to make the section read:
S ec . 4. That where the extensions authorized and directed by this act
coincide with each otSfer, or with a line or lines of existing street rail
ways, or street railways hereafter authorized to be constructed, suitable
arrangements may he made by the respective companies for the recip
rocal use of trackage, upon terms mutually agreed upon ; or, in case of
disagreement, the :matters in dispute shall be determined by the Su
preme Court of the District of Columbia upon petition filed by either
Party.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendments were concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
BILLS PASSED OVER.
The bill (II. R. 3SG42) to amend an act entitled “ An act to
provide revenue, equalize duties, and encourage the industries
of the United States, and for other purposes,” approved August
5, 1909, was announced as next in order.
X L VIII
378
Be it enacted, etc., That the Secretary of the Interior is hereby au
thorized and directed without additional cost to investigate and report
to Congress at its next session the necessity or advisability of construct
ing wagon roads on the diminished Colville Indian Reservation in the
State of Washington. If he shall find the construction of such roads to
be necessary or advisable he shall submit specific recommendations in
respect to the kind of roads to be constructed, their location and extent,
together with an estimate of cost for the same, and what portion thereof
shall be paid out of the proceeds of the sale of surplus lands of such
reservation.
The amendments were agreed to.
The bill was reported to the Senate as amended, and the
amendments were concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
VITAL STATISTICS FOR ALASKA.
The bill (S. 5211) to require the registration o f vital statistics
in the Territory of Alaska, and for other purposes, was con
sidered as in Committee of the Whole.
The bill had been reported from the Committee on Territories
with amendments.
The first amendment of the Committee on Territories was, on
page 2, section 2, line 22, after the word “ shall,” to strike out
“ be of the standard form approved by the United States Bureau
of the Census, and shall ” ; on page 3, line 5, after the word
“ race,” to strike out “ birthplace” ; in line 6, after the word
“ race,” to strike out “ birthplace ” ; in line S, after the word
“ living ” and the semicolon, to strike out “ whether born at full
term and stillborn or born alive; and,” so as to read:
S ec . 2. That the certificate and record of birth shall contain a state
ment of the place of b irth ; date of birth ; full name of child (the given
name to be added by a supplementary statement if the child is not
■
6014
'
CONGRESSIONAL RECORD— SENATE.
named at the time of making the return) ; s e x ; whether a plural birth
( twin, triplet, e t c .) ; legitimacy or illegitim acy; full name of father
(except for illegitimate children) ; residence, color or race, age, and
occupation of fa th e r; maiden name, residence, color or race, age, and
occupation or m other; number of child of mother, and number of
children living.
M a y 7,
receive the sum of $1 for the same, to be paid by the parties applying
for the same. It shall be the duty of every person authorized to per!
form marriages within the Territory of Alaska to make return of the
license to the commissioner issuing the same within SO days after
performing such ceremony. He shall also make out a Marriage certif
icate in duplicate upon blanks which shall be furnished him by the
Territorial registrar of vital statistics upon application therefor. The
said certificate shall conform to the present requiupments of the law of
the Territory of Alaska as to what a marriage certificate shall contain
except that in addition to the present requirements of a marriage cer
tificate, said certificate shall state in whatjrcoramissloner’s precinct
the marriage was performed and that tlmr license authorizing such
marriage will be filed for record and reeojHed in said precinct within
30 days after said marriage is performed, a*u the person performing such
marriage shall deliver one copy of said yfarriage certificate to the hus
band and one copy to the wife. No Mrson empowered by law to join
others in marriage shall marry any jRrson until a license issued by a
United States commissioner for the l^ rritory of Alaska, under his hand
and official seal, shall be producedpfo him. And any person failing or
refusing to comply with the piw isions of this section, or with any
part thereof, shall be <i$emed gu^iy of a misdemeanor.
Tlie amendment was agreed to.
The next amendment was, on page 3, section 3, line 24, after
the word “ shall,” to strike out “ be on the standard form
approved by the United States Bureau of the Census and
shall” ; on page 4, line 4, after the word “ father,” to strike
out “ birthplace of father ” ; in line 5. after the word “ lijbther,”
to strike out “ birthplace of mother; signature and adpress of
informant; official signature of United States commissioner,
with date on which the certificate was filed, and registry num
ber; ” in line 15, after the word “ obtained,” to strike out “ and
the circumstances may render it necessary ” ; in line 19,
Tbe amendment was agi^ed to.
after the word “ relatives,” to strike out “ whether insured;
Tbe next amendmentjwas, on page 10, section 8, line 21,
and if so, in what company or companies, and for what amount
or amounts,” so as to read :
after tbe word “ precjJ|t,” to strike out “ and said United
S ec . 3. That the certificate and record of death shall Contain a state States commissioner jSnall receive as compensation for bis
ment of the place of death ; fujl name of the decedent; s e x ; color or services in recording eaclk of said certificates .$1 for each
race; whether single, married, widowed, or divorced; date of birth; age;
occupation ; birthplace; name of father ; maiden nan* of mother ; date certificate of b ir tly fll for %icb certificate of death, and $i
of death ; medical certificate of cause of death ; length of residence at for each certificate of mar A g e ; that the fees for record
place of death, in hospital or institution, or in the Territory ; former ing tbe certificates of births ^ n d deaths shall be included
or usual residence; place and date of burial or removal ; and the
signature of the undertaker or person acting as jsuch. Also, for the by tbe UnitecHriStates commissioner in bis quarterly account
purposes of identification, the following additional information shall
of claims, adfi shall be paid b y ^ h e United States in tbe
be entered on the back of the certificate of death as fully as the in
formation can be obtained: H eigh t; w eigh t; complexion; color of same mannar and from tbe same futols as claims for fees of
hair ; if married, full name and residence of the surviving husband or justices oLiftie peace in criminal cases ?&e paid,” so as to read:
wife ; names and addresses of living children ; names and addresses of
other relatives.
Tbe amendment was agreed to.
The next amendment was, on page 8, section 7, after the
numeral “ 7,” to strike out “ That it ” and to insert “ That
the United States commissioner in each of the commissioner
precincts in the Territory of Alaska, when applied to for that
purpose by any person legally entitled to a marriage license,
shall issue a license in substance as fellow s:
“ Marriage license: (Name of plqce where office is located,
month, date, year.) To any persoq?' authorized by law to per
form the marriage ceremony, greeting: You are hereby a u th o r
£ .,
ized to join in marriage A. B., of - f ------ , aged--------- , and C. ■ >
0f --------- , a g e d ---------(and naipfe of parent or guardian con
senting). And of this license yoto will make due return to my
office within 30 days.
“ [ s e a l .]
|
“ --------------------------- ,
“ United States Commissioner.
“ The United States commissioner shall keep a correct copy
of all marriage licenses by l#n issiipd in a book to be provided
for that purpose, together with a cqpy of the return, indorsed
on such license by the person performing the marriage cere
mony, and shall be entitled to recede the sum of $1 for the
same, to be paid by the ^parties applying for the same. I t ” ;
on page 9, line 8, after the word “ fiaake,” to insert “ return
of the license to the commissioner issuing the same within 30
days after performing such ce rem on y .H e shall also make ” ;
in line 11, after the words “ certificate ill,” to strike out “ tripli
cate ” and insert “ duplicate ” ; in line lffi after the words “ and
that,” to strike out “ said certificate ” apd insert “ the license
authorizing such marriage ” ; in line 24, after the word “ wife,”
to strike out “ amt within 30 days from The date of the mar
riage shall file the third copy with theAUuited States com
missioner of the precinct in which the maraage was performed.
And the person solemnizing the marriage slaill collect from the
contracting parties the sum of $1, which s;i|d amount he shall
pay to the United States commissioner at the time he files said
certificate of marriage. And in case he shall fail or refuse to
collect the sum of $1, as above required, fie shall pay said
amount to said United States commissioners out of his own
funds ” and insert “ No person empowered 'by law to join
others in marriage shall marry any persons until a license
issued by a United States commissioner for ftie Territory of
Alaska, under his hand and official seal, shall be produced by
him,” so as to make the section read:
Sec . 7. That the United States commissioner in each of the com
missioner precincts in the Territory of Alaska, where applied to for
that purpose by any person legally entitled to a marriage license, shall
issue a license in substance as follows :
Marriage license: (Name of place where office is located, month, date,
year.)
To any person authorized by law to perform the marriage cere
mony, greeting: You are hereby authorized to join in marriage A. B.,
o f
r
------, aged ------------ , and C. D., o f --- ——. aged ------- -— (and name
of parent or guardian consenting). And of this license you will make
due return to my office within 30 days.
[ s e a l .]
— ;--------- i -------- 1,
United States Commissioner.
The United States commissioner shall keep a correct copy of all
marriage licenses by him issued in a book to be provided for that pur
pose, together with a copy of the return, indorsed on such license by
the person performing the marriage ceremony, and shall be entitled to
S e c . 8. Srhat it shall be the duty of evm^HJnited States commis
sioner wytliin the Territory of Alaska to record‘d
every birth certificate,
death certificate, and marriage certificate presented to him for record
where the birth, death, or marriage took place, or -*the body of a dead
person1 was found in his precinct.
x
The amendment was agreed to.
The bill was reported to tbe Senate as amended, and the
amendments were concurred in.
Tbe bill was ordered to be engrossed for a third reading, read
the
time, and passed.
J T
J ?
B I L L S T A S S E D O VER.
A?Cill (S. 5719) to increase tbe efficiency of tbe Medical De
partment of tbe United States Navy was announced as next in
45rder.
Mr. BORAH. Let tbe bill go over.
Tbe PRESIDENT pro tempore. Tbe bill will go over.
Tbe bill (S. 1) to establish a department of health, and for
other purposes, was announced as next in order on tbe calendar.
Mr. OWEN and Mr. LODGE. Let tbe bill go over.
The PRESIDENT pro tempore. It will go over.
Tbe bill (S. 5169) authorizing tbe Ponca Tribe of Indians to
intervene in the suit of tbe Omaha Indians in tbe Court of
Claims, and for other purposes, was announced as next in order.
Mr. LODGE. Let it go over, Mr. President.
Mr. OWEN. Tbe suit lias already' been authorized and
brought, and I think there is no objection to permitting these
parties to intervene in a suit which has been brought.
The PRESIDENT pro tempore. Objection has been made,
and the bill goes over.
D IS T R IC T A T T O R N E Y , E A S T E R N
D IS T R IC T , L A .
The bill (S. 1590) providing for an increase of salary for the
United States district attorney for the eastern district of Louisi
ana, was considered as in Committee of the Whole.
The bill had been reported from the Committee on the Judi
ciary with amendments, in line 4, after the words “ hundred
and ” to strike out “ eleven ” and insert “ twelve,” and in line
6, after the words “ at the rate of ” to strike out “ five ” and
insert “ four,” so as to make the bill read:
Be it enacted, etc., That, commencing with the fiscal year beginning
July 1st, 1012, the salary of the United States district attorney for the
eastern district of Louisiana shall he at the rate of $4,000 per annum.
The amendments were agreed to.
The bill was reported to the Senate as amended, and the
amendments were concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
I M P R O V E M E N T S O N C E R T A IN C H O C T A W
A N D C H IC K A S A W
LAN DS.
The bill (S. 6219) providing for the purchase of permanent
improvements on the segregated coal and asphalt lands of the
Choctaw and Chickasaw Nations by the citizens erecting such
improvements, was considered as in Committee of the Whole.
The bill had been reported from the Committee on Indian
Affairs with an amendment, on page 2, line 5, after the word
“ land ” to insert “ prior to the approval of the act authorizing
the sale of the surface of the said segregated coal and asphalt
lands,” so as to make the bill read :
B e it enacted, etc., That the houses and other valuable and permanent
improvements placed upon the segregated coal and asphalt lands of the
1912.
CONGRESSIONAL RECORD— SENATE.
Choctaw and Chickasaw Nations, in the State of Oklahoma, by private
individuals and not purchased by the Indian nations shall be scheduled
to those who erected such improvements, and shall be appraised inde
pendently of the surface of the land on which they are located ; and if the
citizens erecting such improvements fail to buy the surface of the lands
on which their improvements are located at the highest bid, said im
provements shall be sold with the lands at the appraised value of the
land and improvements, and the citizen erecting the same shall receive
out of such purchase money the appraised value of the valuable and
permanent improvements erected by him on such land prior to the ap
proval of the act authorizing the sale of the surface of the said segre
gated coal and asphalt lands.
Mr. OWEN. On page 1, line 7. after the word “ who,” I
move to strike out “ erected ” and insert “ own ” ; in line 10, be
fore the word “ such,” I move to strike out “ erecting ” and in
sert “ owning ” ; and, on page 2, line 3, after the word “ citizen,”
I move to strike out “ erecting ” and insert “ owning.”
The amendments were agreed to.
The bill was reported to the Senate as amended, and the
amendments were concurred in.
The bill was ordered to he engrossed for a third reading, read
the third time, and passed.
The title was amended so as to read: “A bill providing for the
purchase of permanent improvements on the segregated coal
and asphalt lands of the Choctaw and Chickasaw Nations by
the citizens owning such improvements.”
SECON D
H OM ESTEAD
E N T R IE S
IN
C E R T A IN
CASES.
The bill (S. 4580) to permit Second homestead entries in cer
tain cases was considered as in Committee of the Whole.
The bill had been reported from the Committee on Public
Lands with an amendment to strike out all after the enacting
clause and insert:
That where any person, otherwise duly qualified to make entry of
public lands under the homestead or desert-land laws, has heretofore
made or may hereafter make entry under said laws, and has forfeited
or abandoned the same, such person may he permitted to make another
entry upon showing to the satisfaction of the Secretary of the Interior
that the prior entry was made in good faith, was forfeited or abandoned
because of matters beyond his control, and that lie has not speculated
in his right nor otherwise committed a fraud cr attempted fraud in con
nection with such prior entry.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
The title was amended so as to read: “A bill to authorize
the allowance of second homestead and desert entries.”
THE
C H E M IC A L
SCH EDULE.
The bill (II. It.
to amend “ An act fo'provide revenue,
equalize duties* “
Hud encourage the industries of the United
States, and -for other purposes,” approved August 5, 1909, was
announced a s'next in order on the calendar.
Mr. LODGE. -Let it go over.
The PRESIDENT pro tempore. It will go over.
R E G U L A T IO N
OF
W IR E L E S S
TELEGRAPHY.
The bill (S. 0412) to’Tegulate radio communication was con
sidered as in Committee o¥. the Whole.
The PRESIDENT pro tempore. This bill has been twice
read.
Mr. BACON. I should like to hear it read again, if it is not
too long.
Mr. BOURNE. It is a long bill. , It is a bill which was
unanimously reported by the Committee on Commerce—it is a
committee bill—regulating radio telegraphy,
Mr. BACON. Wireless telegraphy?
^ Mr. BOURNE. Yes. It is a corollary to the treaty which the
Senate ratified some t.w<vor three weeks agot- There is no
objection to having the hill read if the Senator from Georgia
Would like to have it read.
Mr. BACON. It i£ a matter that has been before the Com
mittee on Foreign Relations, so far as the treaty is concerned,
and has been considerably discussed and considered in various
aspects.
f
%
I should like to ask the Senator from Massachusetts [Mr.
L o d g e J, who, was active in that consideration, if he is familiar
with the ton u s'of this bill, and whether he considers it in ac
cordance with the treaty.
Mr. LODGE. I have not examined the, bill in detail, but it is
a bill prepared by the Committee on Commerce and has their
unanimous support, and is, I believe, in harmony with the pro
visions of the treaty which our committee reported. It is a
long/jiii. I believe it to be entirely-----Mi-. BACON. I do not request that it be read, but I should
like to ask the Senator from Oregon to state the geneial fea
tures of the bill.
, .
Mr. BOURNE. Mr. President, I will say for the information
of the Senator from Georgia that this bill was referred, with
other bills, to a subcommittee of the Committee on Commerce.
6015
On the subcommittee were the Senator from Ohio [Mr. B u r t o n ] ,
who Is a member of the Committee on Foreign Relations; the
Senator from Michigan [Mr. S m i t h ] , the Senator from Florida
[Mr. FfipTCHER], the Senator from North Carolina [Mr. S i m
m o n s ] , and I.
The original bill was a departmental bill, and in the bill the
provision was made for authorization of such rules and regula
tions as the department might wish to make in accordance
with whatever the President or the Secretary of Commerce
and Labor thought best. The committee thought it would be
much betterlto have in the bill itself the exact confines of the
activities of private interests. So the bill was worked out on
those lines. :
It specifies just exactly what private interests can and what
they can not do. It fits the action of the Committee on Foreign
Relations with relation to the treaty and its ratification by
the Senate, and is corollary to a treaty that was passed, and it
is necessary in order to carry out the treaty.
Hearings wore held and all commercial interests given an
opportunity to appear before the subcommittee. A day was
taken therefor; the hearings are printed, and every Member o f
the Senate has had copies of the hearings furnished to him.
I will state the main features of the bill. The first is to
secure an ascertainment, so that everybody may be cognizant
of the exact number of activities that are in operation. That
is provided for under the licensing features of all instruments.
Second, a licensing of individual operators. It is compulsory
with the Secretary o f Commerce and Labor that upon applica
tion these licenses shall be issued. The third is to minimize
the possibility of any interference under the present state of the
art of wireless telegraphy. This is minimized by the rules and
regulations embodied in the hill Itself.
Under the present development of the science there are some
wave lengths up to G,G00 meters. These would be equivalent
to some 34 telephone lines. The Government is given the right
to the exclusive use of eight of these telephone "lines, in effect,
which would be the wave lengths from 600 meters to 1,600
meters. Amateurs are given the right to use up to 200-meter
wave lengths, and the Secretary of Commerce and Labor can,
in his discretion, issue special permits to use other waves to
amateurs or individuals who are studying along the line of
wireless telegraphy.
Then a pure sound is provided in the bill, which is necessary
in order to minimize the possibility of interference. To the
commercial interests of The country are left the use of 2G tele
phone lines, using that term as a simile. So the restriction upon
the commercial interests is not an Unnecessary one to attain
the object of the bill, the purpose being to prevent interference
so far as it is possible to do so in the present development of
the art.
Provision is made in the bill that as the art develops and im
provements are mqjie the Secretary o f Commerce and Labor
may extend the scope of the activities of commercial and pri
vate interests, but he can not limit them other than the limita
tions as they exist in the bill.
Then, a clause is contained in the bill -which provides for the
public receiving continuous service. The United States already
has in existence, through the Navy and War Departments, a
chain o f stations from one coast around to the other, with the
exception o f two gaps held by private interests. There is a
provision in the bill that in case the commercial, interests fail
to give servicupn those two gaps the Government may furnish
the service during such period of failure, so that the public at
large can hajjfe continuous service, making a charge for that
of not morej&s I remember, than $1.50 for a certain number of
words. I t®nk that is provided for under the treaty.
Mr. BA (JON. I will say to the Senator and to the Senate
that the rdfison which prompted my inquiry is this: This mat
ter has bejh before the Foreign Relations Committee for several
years on /th e question whether we would recommend to the
Senate tie ratification of the treaty which was proposed be
tween a)T of the leading nations, including the United States,
f with reference to this subject, and the matter was delayed for
years llffore the Committee on Foreign Relations, because of
the fa # that very large interests were involved, and also be
cause Hie science was in a measure undeveloped, and we thought
it besfMto wait.
But the fact was brought to the attention of the committee,
with hi the recent past, that there was soon to be in London a
convention o f the representatives of .the different powers for
the purpose of formulating, as I understand, regulations which
would cover very much the grounds spoken o f in this bill, and
it was said that if we did not ratify the treaty we would not be
permitted to send a delegate to that convention. That was the
main consideration which induced the Committee on Foreign
6016
CONGRESSIONAL RECORD— SENATE.
, ■ May
7,
Relations to report the treaty to the Senate, and the Senate regulations under which coastal stations shall always be ready
to receive messages of 800 or 600 meter wave lengths, should
acted upon it, and the treaty was ratified.
Now, the question in my mind is whether or not this bill we not provide in the bill that those coastal stations shall
is in any manner an anticipation of the work which is to be always be ready to receive messages of those wave lengths?
Should we allow them in this bill to select any wave length they
done by that convention when it meets in London.
The Senator from Ohio [Mr. B urton ], who belongs to each of please below 600 and over 1,600 meters?
Mr. BOURNE. I am not a specialist on wireless telegraphy.
these committees, possibly is in a position to give me the desired
information somewhat more directly than one who is not upon My understanding from the governmental representatives, the
Commissioner of Navigation,.And from Lieut. Commander Todd,
the Foreign Relations as -well as the Commerce Committee.
Mr. BURTON. Mr. President, I would state that the ratifica was to the effect that this is in actual compliance with the first
tion of the treaty contemplates our attendance at the convention regulations under the Berlju convention and that there is given
to be held in London in June. The delegates have already to the Government the .Tight of way between the 600-meter
been designated, and the diplomatic and consular appropriation wave length and the l,Qj0O-meter wave length.
Mr. HITCHCOCK, ifhat is true, but-----bill makes an appropriation for their expenses. This bill is
Mr. BOURNE. This provision is for tliat special purpose.
entirely in line with the treaty. Of course it contains additional
Mr. LODGE. Mr^President-----features to make it applicable to our own situation.
The PRESIDENT pro tempore. Does the Senator from Ne
There are two things, I should say, in general secured by
this bill. First; the carrying out of the obligations imposed braska yield to tla/Senator from Massachusetts?
Mr. IIITCHCO&Tv. I do.
upon us by the treaty or convention; second, local regulations.
Mr. LODGE. /A s the Senator from Nebraska will remember,
I will say to the Senator from Georgia that I do not think we
ought to wait until after the convention in June before we pass the treaty w a s /o limit certain wave lengths to the use of the
this bill. The recent Titanic disaster emphasizes very, strongly Government. I have sent for the treaty to see whether I am
right, but my remembrance o f the treaty is that all was ex
the necessity of legislation upon this subject.
In the next place, radical changes by the convention at Lon cluded between 300 and 1,600 meters.
Mr. BURTON. Mr. President, if the Senator from Massa
don do not seem probable. Propositions for modifications have
already been published. While I take it these do not preclude chusetts will permit me, it is inquired that the wave lengths
the bringing forward of other propositions at the meeting should b#>f 300 or 600 meters. It is all set forth in the treaty.
itself, so far as regards those which have been presented and
Mr. I^D GE. It is.
Mr. BURTON (reading) :
published they would be quite in harmony with this bill.
There might be a necessity for some amendments to the bill
Tvfifw ate lengths, one of 300 meters and the other of 600 meters, are
after the convention, but I do not anticipate that any radical authorized for general public service. Every coastal station opened to
suetuservice shall use one or the other of these two wave lengths.
changes would be required.
Mr. BACON. I will simply ask the Senator whether or not
The exclusion is G O to 1,600 meters.
O
this bill covers the question of the transmission of marine /M r. LODGE. I see.
messages?
/ Mr. BURTON. In a way I think the criticism of the SenMr. BURTON. Oh, certainly.
fator from Nebraksa is well taken. However, in the granting
Mr. BACON. I mean the transmission of messages from one/' of licenses that can very readily be taken care of, and I do not
ship to another.
/ see that it is necessary to insert any provision in regard to it.
Mr. BURTON. Certainly. All those grounds are covered
It will be noticed that the provision on page 6, to which the
with considerable care.
/
Senator from Nebraska has called attention, refers to every
Mr. BACON. I agree with the Senator that we should Jsave station, while the treaty refers to those public stations which
legislation on this subject as speedily as possible, and I was are used for communication with the sea.
only anxious to know whether our work was of such a character
Mr. HITCHCOCK. If there is still power in the authority
that it would have to be done over again as soon as (die con issuing the licenses to require every coastal station to maintain
vention in London shall have acted. Of course, under the state apparatus for a wave length of 300 meters and also for a 600ment made by the Senator, if there should be such regulations meter wave length, then my suggestion is not of any importance,
promulgated by that convention the amendments necessary could but if there is no provision for that power in the licensing
very readily be drafted upon the law.
/
authority, then I think this paragraph ought to be broadened,
Mr. BURTON. I think they could readily be Jnade, and I because we are certainly under an international obligation to
believe I am correct in saying that they could beJquite as read constantly maintain at these coastal stations apparatus ready
ily made if the groundwork afforded by this legislation should to receive a' 30O-meter wave length message and a 600-meter
now be enacted into law.
wave length message.
All". HITCHCOCK. I should like to ask f? question of the
Mr. BOURNE. You would be bound by that, anyhow.
Senator from Oregon or the Senator from Ohfe>. Does the para
Mr. HITCHCOCK. Yes; we would he bound by it, it is true.
graph on page G requiring every station to./designate a certain If we are bound by it, our legislation ought to provide that the
definite wave length and that the wave length shall not exceed coastal station should be ready.
G O meters or shall exceed 1,600 meters comply with the terms
O
Mr. BOURNE. I will say, for the information of the Sen
of the convention?
#
ator from Nebraska, that in the issuance of licenses the Secre
Mr. BOURNE. Y es; I think so.
/
tary of Commerce and Labor will give that information, so that
Mr. HITCHCOCK. My reeollectiom is that that convention, they will know exactly what wave lengths each instrument is
which was agreed to. provided that ,every coastal station shall using or each agency has.
have definite’y a 300-meter wave length and a 600-meter wave
Mr. HITCHCOCK. If the licensing power has the authority
length. This paragraph seems to contemplate—
—to make that condition, I think that will be sufficient.
Mr. BOURNE. To what paragraph is the Senator referring?
Mr. MARTINE of New Jersey. Mr, President, I should like
Mr. HITCHCOCK. The paragraph on page 6.
to say, in reference to this matter, that I have received very
Mr. BOURNE. The first paragraph?
many protests against a measure that should tend to blot out,
Mr. HITCHCOCK. The paragraph reads:
so to speak, independent wireless telegraphy. I wish to ask
First. Every station shall be required to designate a certain definite
wave length as the normal sending and receiving wave length of the the Senator who has the measure in charge whether it will
station. This wave length shall not exceed 600 meters or it shall ex prevent the independent use of wireless telegraphy?
ceed 1,000 meters.
Mr. BOURNE. I will state for the information of the Sena
Mr. BOURNE. That complies exactly with the Berlin con tor from New Jersey that as far as possible provisions are
vention.
/
made in the bill to give the widest possible activity to the inde
Mr. HITCHCOCK. My recollection of the terms of the con pendent or commercial instruments; They have all had oppor
vention is that every Coastal station was definitely required to tunities of being heard, and all their objections were taken into
maintain an apparatus for two wave lengths, one of 300 meters consideration by the committee drawing the bill. The main
and the other of 600 meters, the evident purpose being that they purpose of the bill is to minimize the possibilities of interference
should always be ready to receive messages sent by either of and increase the efficiency of the service, which is for the gen
those, wave lengths. But this paragraph seems to contemplate eral benefit of everybody, tbe commercial interests as well as the
that any station can maintain a wave length’ anywhere from general welfare of the public itself.
100 to 1,600 meters.
Mr. MARTINE of New Jersey. That is all encompassed in
Mr. BOURNE. If the Senator will read the bill through, he the bill?
will see that provision was made in the bill that amateurs may
Mr. BOURNE. As far as possible, up to the present develop
take and use up to 200 meters.
ment of the art of wireless telegraphy.
Mr. HITCHCOCK. That does not cover the point. I think
The PRESIDENT pro tempore. If there is no amendment to
the Senator from Oregon has not understood me. If we are he offered as in Committee of the Whole, the bill will be re
under treaty obligation with these other countries to maintain ported to the Senate.
@FedFRASER