6762 CONGRESSIONAL RECORD-SENATE APRIL 2

By Mr. WURZBACH: A bll1 (H. R. 10!l71) grantin~ an in­ 1G18. Also, petition of United German Societies of the city crease of pension to Julia King Gleaves; to the Committee on of New York, fayoring the return of appro.·imately $2,u00,000 Pensions. held by tbe Alien Property Custodian and uerive. Immigration and Naturalization. 1604. By Ur. GALLIVAN: Petition of George Lewis ·wnson, 1625. Also, petition of New York State legislative board, 20 Pemberton Square, Boston, Mass., recommeudjng early and Brotherhoou of LocomotiYe Firemen and Enginem<'n, favoring favorable consideration of Hou."e uill 7V07, to increase salaries the passage of House b111 7180 and Senate bi11 2306, seeking a of Fe<1eral judges ; to the Committee on tlJC .Tmliciary. substitution for the labor section of the transportation act; to ~ 1GOG. By :Mr. HERSEY: Petition of Frank Grunt and other the Committee on Interstate anu :b"'orelgn Commerce. re:;;idents of Silvers Mills, Me.,. against the passage of com­ 1G2G. Also, petition of the American AsRociation for Labor pulsory , 'unduy observance laws; to the Committee on the Legi::;lation, favoring the pas~age of the Cummins-Graham com­ Dh;trict of Columbia. pen!'lation bill ( S. 3170) anu House uill {H08 ; to the Committee H>Ou. By )Ir. HOOPER: Petition of I.~. F. Westfall and 3G on the Juuieiary. other re ~ idents of Hill ·dale County, 1\Iich., protesting against 1627. Also, petition of New York State Association of Retail the pas:;;age of compulsory Sunduy observance legislation for Grocers, oppo;qiug the PHB~agc of the Deck btU (H. R. u188) ; to tJw District of Columuia; to the Committee on the. District of the Committee on ·ways and Means. . Columbia_ 1628. Also, petitions of residents of Brooklyn, N. Y., in oppo­ Hi07. By 1\Ir. KINDRED: PE>tition of tl1e Nassau Connty sition to the bil1s (II. R. 717V and 7822) for compulsory Sunday Democmtic Com.mHtee, urging the United States Congress for observance or any other national religious legislation which a modification of the Volstead law so r~"! to permit the mann­ may be pending; to the Committee on the District of Columbia. facture and sale of liquor and other beverages containing tllelr 1<32V . .A lso, petition of the United Retail' Grocers' As. ·ociation, natural amount of alcohol; to tlle Committee on the Judicinry. of Brooklyn, N. Y., opposing the passage of House bill 5188; to 1608. By l\lr. Ll'JA ()f California: Petition signed by 103 the Committee on Ways and 1\feans. residents of Humboldt County, Calif., protesting against the 1630. Also, petition of Orcler of Railwny Conductor~ anti passage of llouse bill 7170 ; to the Committee on the District Brotherhood of Railroad Trainmen l egi~lative boarcls of New of Columbia. York State, urging pa::;~age of Senate bill 2306 and House bill 1GOU. By illr. 1\!AGRADY : Petition of sundry citizens of 7180; to the Committee on Interstate and Foreign Commerce. NortJmmberlanu, Northmnberlanu County, Pa., protesting 16~U. Dy Mr. SWING: Petition of certain residents of Loma against the compulsory Sunday ob::~erYance bill (H. n. TI70) ; Lindn, Calif., 1n·otesting against the passage of House bills to the Committee on the Dirtrict of Columbia. 7170 anu 7822 ancl similar bills for the compulsory observance 1610. Also, petition of sundry citizen:-; of w ·heelerville, Snlli­ of Sunuay; to the Committee on the District of Columbia. Yan County. Pa .. prote!'ltfng against the coml)ulsory Sundny 1G32'. Hy Mr. WELLER: Petition of the Surety Association ob~enance uill (H. R. 717f.l) ; to the Committee on the Di::;trict of America, indor~ing the bill to increase the salnries of Fed­ of Columbia. eral juutie:::l; to the Committee on the. .Tniliciary. 1G11. By l\lr. iliOOl\TEY: Petition of residents of Cley·elancl, Ohio, protesting the compulsory Sunday observance bill; to the Committee on the Di:;;trict of Columbia. SENATE 1012. By l\Ir. :MORROW : Petition of citizens of Roswel1, Hagerman, l\Taxwcll, ancl AlbtH]neTque, N. l\1ex., againflt com­ FrnnAY, April 2, 192(] pulsory Snnday obHervance; to the Committee on the District The Chaplain, Uev. J. J. Muir, D. D., offered the- following of Columbia. prayer: 1G13. By l\lr. o·coNXELL of New York: Petition of TI. Tim­ mons, Uniteu States Veterans' Hospital lOa, Aspinwall, Pa., Our gracious God, we come U1is morning into Thy presence fayoring the pas::;age of House bill 10240 for tubercular Yet­ thanking '1.11ee for the love that has been vouchsafed unto us erans' compensation; to the Comm.lttee on Worlu 'Var Veterans' in tbe gift of Thy Son our Havior; and as we associate our Legislation. thoughts this morning with Christendom at large we recognize 1614. Also, petition of the Brooklyn Post Office Clerks' T nion, that gift as of eternal and infinite good to us. Enable us to Local 2!>1, Kai:ionnl Feueration of Post Office Clerks, favoring unuerstanu much more <.:learly how we onght to ucpcnd upon the p::u;su:;c of Hon!'e bill 70G2·; to the Committee on the Po::;t His infinite salvation anu so to uct, whatever may be the duty Office ami Pol't Hoads. required of us, that we muy fill each po!'dtion with a sense o:C 1615. By Mr. SO:MI-~RS of New York: Resolutions adopteu by Tby pre~ence and under the guardianship anu nid of Thy the Jewish Por-tal 'Vorkers' League, of New York City (Inc.), Spirit. 'Yc ask in Jesus' name. Amen. indor1-:ing Hou~e bill 7 and Senate bill 78G; to the Committee on The Chief Clerk proceeued to rea

CALL OF THE ROLL in the State of Washington, heretofore set npart for school or administrative pnrvoses (Hept. No. 534) ; aml 1\Ir. CURTIS. 1\fr. rr<"Ridcnt, I su~g;est the. al>5ence of n. quo­ A l>ill (H. R. 96) authorizing an approprintion of not more rum. than $3,000 from the tril>al fund:-; of the Indians of the Quinaielt Tlte YICFJ PRERIDENT. The clerk will call the roll. UeserYntion, \Va~h., for the <:onstructiou of a sy:-:tem of water Tl1c legislative clerk called the roll, and the foilowi.ng Sen­ supply at 'l'nholah on said re~en·ation (Hept. No. 535). ators nmnvered to their names : Mr. HAHHELD also, from the Committee on Indian AffnirR, Asllnrst Ji'1•ss J.cnroot Sacl<~>tt l-\lwppa r Ucorgc 1\lcl'll l'hipps Walsh l1ro,·ed l\larch 4, lUOD, re-ported it with an ameuument :md sul>­ Curtis .lohusun l'int• \VanE'n rnitteu a rcJwrt (No. 5:37) thereon. ]lale .lones, N.l\fex. l'lttman \Varson Mr. r_,A l!"'OLLETTE, from the Committee on Manufactures, Dill Jom•s, Wasll. Hausdt>ll " ' hN·let· Eferred the l>ill (H. H. 264) to amend an act to EruRt KevNJ it<'Pd, l'a. \Villls vrodde for the appointment of a commh:!'lion to stanrlardize Fcmalu Kina- Itui.Jin:-;un, Ark. :::crew tln·ends, re-ported it \Yithout amendment and submitted FNTis Ln I< ullctte Hol.Jinsuu, Ind. n report (No. 5~8) thereon. 1\Ir. CVRTIR. I uesire' to announce thn.t my colleague [~Ir. l\lr. 'YILLIAl\lS, from the Co~ruittee on Commerce, to CAl'PEn·l is absE--nt on a<:('Ount of ilhl(·ss in hi:-: family. which were referred tile followiug hilll'l, reported them each Mr. HOBINSOI\ of Arkansas. I \Yish to announce that the with an Huwndment and sul>mitted reports thereon: Senator from New Jersey [~Ir. J<~oWAHDS] is neeessarlly ahseut A hill (H. H. 5012) to legalize a pier iuto the Atlantic Oc("fln on ]mhlic business and that the f-\enator from H.hocle Islaud at the foot of Hehol>oth Avenue, Uehoboth Beach, Del. (Rept. [1\-fl'. GERRY .! is detainemarine cal>le laid in swered to their names, a quorum is prP. ·eut. the St. Lonis River at the Spirit Lake Transfer Railway SJ<:l'IA'fOR FRO)f IOWA d rawbridge, Letweeu New Dnlutll, l\1fm1., and Oliver, 'Wis., nnd used for the .ligllting of the Yillage of Oliver, Wi::;. (Rcpt. No. 1\fr. BRXST. l\lr. President, I <1esire to give notice that G40). npou ~Ionc1ay next the f4teck-Brookhart eont~stey the Seuute. l\Ir. W ADSWOHTH, from the Committee on 1\lilitnry Af­ fairs, to which were referred tlle following Lill:s, reported them REPORTS OF C'Ol\fMITTEES severally without amE>ndruent and submitted reports thereon: 1\Ir. lll~GHA:l.\1, from the Committee on Territories an<1 In­ A llill ( S. !)G) to amend the national defense act ap11ro,•ed F:ull:u· Posst>ssions, to which v;as r eferred tJ1e l'ill (H. R G573) June 3, 191G, as amended l>y the act of June 4, 1920, relating to extend the time for the completion of the Alaska Anthraeite to retirement ( He11t. No. 541) ; Railroad Co., and for other vurvoses, reporteu it without A bill ( S. 3283) to provide for the appointment of Army amendment and submitted a report ( ~o. G24) thereon. field clerk. and fielU clerks, Quartermaster Corps, as warrant 1\Ir. \VHJ.JELEH, from tl1e Committee on Indian Affairs, to officers, United Rtates Army (Uept. No. 542) ; which wa!-> referred the joint resolution ( K · J. Hes. GO) author­ A llill ( S. 32.'4) to amend a portion of section 1u of an act iziug ex1wnditnre.-. from the Fort Peck 4 per cent fund for entitled "An act for making further and more effectual pro·\'i­ Yhdts of tril>al deleg-ates to '\Yashinl;{ton, reported it with slon for the uutional defense, aud for other purposes," ap­ nmcnuments and submitted a revort (1'\o. G2u) tht>reon. rn·o-red Juue 3, 1916, a::; ameuued by the act of June 4, 1920 1\fr. KENDRICK, from the Committee 011 Indian Affa,irs, to (Rept. No. 543) ; and which \Yfii':l referred tlw jc,int resolution ( S . •T . Ues. H)) author­ A l>ill ( S. R78ti) to enable meml.Jers of tlle Re~ene Officers' iziug the erection of a mo11umC'nt to the memory of Saeajawea, Truiuing C-orps who have interrupted the cour~e of training or I~irill aml joint of kosher meat in the Distriet of Columhia, reported it with­ out amendment and r..;ulJmitted a rer)ort (No. 527) thereon. re~olntion: 1\Ir. 1\:IBANS, ft•om tlle Committee on Claims, to \\'hich were S. 24Gl. An net to grant extensions of time under oil and gas permits ; aud l'Cf'encd the following hills, revorted them L'aeh witllout amend~ ~. J. Hes. {)!). Joint resolution authorizing the Secretary of ment nucl submitted report:" thC'reon : War to lenll tent~ and cnmv et}ulpmeut for the use of the re­ A bill ( R. 537) for the relief of owners of cnrgo aboard the mlion of the lJnitee hf.\ld at l'tN-t mship Bo;rley (Hept. No. 528) ; and Birmingham, Ala., in 1\Iay, 19:W. A hill ( R. 28!)8) for the rclil.'f of all owners of eargo laden aboard the steam~hip ()(:onr.e (Hept. No. 52!l). llEARI:.\'GS BEFORE THE C'O~DIITTEE ON HBIIOP.ATIO!'i Mr. MEAN'S also, frow the Committee on Claims, to which l\£r. IOack favorauly cn.rgo llu.len aboard tlle ligllter Lillu:oo£l at the time of her without amendment the resolution ( S. Hes. 186) authorizing the collision "ITith tlle U. S. S. A b.<~ec'um, revorted it with a mend­ Committee on Immigration to employ a stenographer and hold ments ami snhmitted a report (No. 530) thereon. hearings. I ask unauimous com;ent for the present considera­ Mr. HARRELD, from the Committee ou Iudinn AfCairF:, to tion of the resolution. 'Yhkh were referred the followiu~ hill::;, reported them sever­ The resolution ( S. Hes. 186) sul>mitted l.Jy the Senator from ally without mnemlment n nd snl>mitted report~ thereou ; California ( ~Ir . .T OIIXSON) on tlle 2Bth ultimo \vas reatl, con­ A hill ( K 271~) aullioriziug an npvrovriation from the tril>ul sitkreu l>y UIIUllimous con~cnt, aud agreeu to, as follows: fnuxpens<'s thereof hereafter allotte1i, UlH1 for otller vnrposes (Ht>r•t. No. G3~); . to be paid <>ut of tbe contingE-nt fnnll of the Senate, antl that tho A hill ( R. 2Dli7) to nnthorize the f4ecretn.ry of the Iuterior to committe~>, 01· any subcommittee thereof, may sit during the sessions sell eertaiu luuus within the rurt :i\Iudison ~ndiuu neservation, or recesses of tlle Senate. 6764 CONGRESSIONAL RECORD-SENATE APRIL 2

BILLS INTRODuCED Treasury Department covering tlle subject of the return of Bills were introduced, read the first time, and, by unanimous alien property and also coYeriug the entire question of taking consent, tile f=l'cond time, and referred as follows: care of tlle Americau claimants. Tlle issues or qucstionR whlch Hy :Mr. COUZENS: are raised by the latter 11roposition seem to me perhaps to A l.Jill (H. 3807) for the relief of JoReph W. Jones; to the require tbat the bill shoultl be referred to tile Committee on Committee on Military Affairs. Finance. I introduce at tllis time a bill to provide for tbc A bill ( S. 3808) granting an increase of pension to Amelia payment of the awards of t.l>e :Mi:x<'d Claims Commission, Fisher; and tbe payment of certain claims of German natiouah; against A l.Jill ( S. 3800) granting nn increase of pension to Paulina the United States, and the return to German nationals of Harriil; to the Committee on Pcn::;iou::;. property held by the Alien Property Custodian, and I fiSk that it may be read twice by tit_le and referred to the Com­ lly 1\fr. WHEELFJR : mittee on Finance. A l.Jill ( S. :~S10) to amend the act entitled "An act for the l\1r. SWANSOrr. Mr. Prc~ident, mny I inquire of the Sena­ F:urvey an£1 allotment of lands now embraced within the limits tor from Idaho if it is a !Jill which provides for the issuance of 1he Fort Peck Indian R e:-ill ( S. aSll) for the erection of tablets or markers upon States. It bas been hele House. A bill ( S. 3812) to promote the ruining of potash on the l\Ir. BOHAlL A F:imi.lar hill has already been introduced in public domain ; and . the Honse, and undoubtedly it ·will be the House bill which A bill (H. 3813 ) to authorize the acquisition or use of public we will con~ider llere. I am introducing the bill now to llnve lauds by State~, conntiefi, or municipalities for recreational it placed before the committee, in order that it may possibly pm·posPs; to the Committee on Public Lands and Surveys. have consideration and thus speed action when the House bill By ~rr . En rR'r: comes to the Senate. A bill ( S. :~ 814) for the relief of Clyde Cornish; to the Com­ Mr. SWANSON. I simply desire at this time. to make an mittee on ClaimF:. objection to bills of this character originating in the Senate. I A hill ( S. a815) for t.l>e .relief of George Hendricks ; and think under the Constitution a bill which provides that the A bill ( R. 381G) for the relief of James Piles; to the Com­ United States shall iF;sue bonds or guarantee bonus must origi­ mittee on :Military Affairs. nate in the House. That is alRo true under the rules go-verning By Ur. NEELY: the conduct of tu1sine-Rs in the two bodies. A l.Jill ( S. 3817) granting a pension to :llartha Ellen Pierpoint 1\lr. LENROO'l'. The Senator from Virginia doeR not think Jenks; and t.l>a t is a matter to l.Je pal'lsed upon by the Chair? It is wholly A bill ( S. RSl8) grnnting an increase of pension to Sarah H. within the control of the Senate to pass on the question of Porter ; to t.l>e Committee on Pensions. the constitutionality of n measure. By 1\Ir. nll~A1~S : l\Ir. SWANSON. I think when the que!';tion is rai ~e d the A bill ( S. 3819) to allow credits in the accounts of Anna J. Senate can not maE:e ally rule contrary to the provisions of the Lar ·ou, SIJecial fiscal agent, Bureau of Reclamation, Depart· Constitution of the T nited StnteR. meut of tlte Interior; to the Committee on Olaims. 1\ir. LENllOOT. But the Ohair can not pass upon the ques- By l\Ir. GOIJ'F' : tl~ . A bJll ( S. 3820) for the r elief of Benjamin F. H elmick; to l\Ir. SWAN SON. Ncithor can we act contrary to the Consti­ the Committee on :Military Affairs. tution of the United States. A bill ( S. 3821) granting an increase of pension to Anna M. l\Ir. BORAH. Oh, yes; we do t.l>at every day. Thornton; n.nd lUr. SWANSON. I woule for the Chair to pass upon the question whether there is any Judiciary. ' conRtitutional question involved. By ~Ir. WATSON: The VICE PRESIDJ<~NT. If there is objection made to the A bill ( S. 082-1) grnntiug a pension to Cad W. Savage; to the introduetion of tlle bill, it will go over for one day under the Committee on Pensions. rule. Bv Mr ..TONES of New ~lexico: :Mr. BORAH. 'l'he bill goes over under the rule? A. bill ( S. 3825) to extE>nd the benefits of the United States The VICE PllESIDEN'l'. It does. cmplo:vees' rompensatlon act of September 7, 191G, to Joseph K. Mr. KING. Mr. Pre~:lident-- Humphrey; t o the Committee on Claims. The VICI~ PRESIDEN'r. If the question is raised as to the A bill ( S. 3826) to amend the act entitled "An act granting constitutionality of the introduction of the bill, the Chnir will pem;iom; to survivors of the Indian wars of 1832 to 1842, in­ submit that question to the Senate for decision. Is tlle ques~ <:lnsive, ]mown ns the Black Hawk 'Var, Creek War, Cherokee tion raised at this time? n the Senate, it seems to me, at the present time is not ready property. I think the Senator from Utah [:Mr. Krno] intro­ to pass upon the constitutionality of this bill. The time to do duced a similnr bill. Those bills were refel'l'ed to the Com­ so iA when the bill comes before the Senate, when we can pass ~ittce on the Judiciary. A bill has now been prepared by the on that question. I confess I do not know the character of the 1926 CONGI'\ESSIONAL RECORD-SENATE 6765

hill ; I do not lH:~Hcvc we ongllt to take up tile time of the these certificates will llc tlle sums receivable by the 1 nited f-Hates Senate in the eom;hlcration of ~neh a hill when it is introduced, under tile agreement for tbe di\·isioJJ of tile Dawes paymc;.; ts, made in lH:!<·a u~e there arc tboustuld~ of hilh; which are introduced and I'aris, January 14, 1\:>25. referred to cornllli.ttecs wlih:h uever get baclc to the Senate. A~HJLUCAX T.\Xl'..\.YEflS LOSI'l \Yc olHtll be wu~tlug our time uuw if we Rh::tll proceed to uis­ No one has hnzarded or would dare to make tlJo prediction that tilose C'Uss the question whether or uot the hill may lJe properly p:1yments will eYer equal the face Yalue of tilese certific:-ttes with inter­ iutroy which private) against Germ~mr tll0 pa)·ments receivable under the Dawes the linited States ,is to iRsue homl::; to pay American nationals plan, whnten~ r they may amount to. for claim.-; which tJwy may have against the Genna!l Govern­ '\Yby has the German note on tilis subject cleliYered last snmmer to IUf'nt. That part of tlle hill is exceedingly olmoxions to me. the ,"tate Department not been pul.Jlishcu, and why bas Ur, :Mellon failed to mention it in llis statement? I am not williug to have the United ~tntes issue bonds to pay The ample security now held for our claims is to he surrendered .American nati-onal:-; for damage~ done to them by Germany. I have ri::;en, howeyer, for the purpose of nsking unanimous con­ b{!fore we recctye any substantial pnyments unuer the Paris agreement. The ditrerC'nce between the amount finally received from Germany anu st>nt to lla.-e put into the REC-ORD at this point an article by 1\Ir. Armstrong, a lawyer of New York, in which he discus:.::es very the actual amount of. German claims is to be paid by the taX11ayers of the United Statc·s. 'l'hc Secretary sul;:;ests that tilis merely represent3 ltrietly the bill. I thiuk t11e article contains information of importance. "failure to receive reimbursement for moneys spent." llc tlwt as it may, the money in question came from the taxpayers. The YICJ.J PPESIDENT. ·without olJjection, the article will The Secretary constantly ignores the following facts: b<' printe~:3) seems, are "not sufficient to pay the interest on the claims which probably strnngely enough, to fall into the same error, fo1· be says "the German will be allowed by tlJc Mix:eu Claims Commission, and do not, tlJere­ Government and people are iutcresteu as dc!Jtors and owners in tho fore, adequately provide for payment of the claims." SE.'izeu property." lie udds: "If the United States takes no further action, the Ameri­ That these statements are incorrect as a matter of. law is certain. can citizens \Yill receive but a small percentage of the value of their claims against Germany." (See 32 Ops. Atty. Gen. !H!:l; 3!) Ops. A. G. Gll-13 Munich Ins. Co. v. First lleinsurancc Co., G Fed. (:Ld) 74:.!-7Gl CC.A 2u Cir.) THE CEU.TIFICAT"El PLAN Such a plan should be overwhelmingly defeateu. \\c should either The Secretary now proposrs that insteau of our insisting on the pay­ pay the pr·ivate American claims out of tlJe seized property (permitting ment of these claims by Germany, as we have the right to do under the German Government to compensate its citizens for their losses as the treaty, agreed-which woulu not be in contravention of the Dawes plan and (1) All the seizell private property or its proceeds, with interest could not be objected to by the allied go,·ernmcnts-anu would rel:lnlt (a bout $:l00,000,000), be returned forthwith to its pre-war owner:::, in tho actual payment of tlle private Amrricnn claims by the German except $30,000,000 (which can not be allocated and is to be used to Government), returning tile halance of tile seized property auu :tls:> pnr the pri\·ate claims of American citizens). Of this $270,000,000, compensating Germany for the seized ships, etc. (Germany coulu apvly $~0,000,000 will consist of certiflcHtes guaranteed by the United States, tllesc payments to the compensation of its citizens), o1· llllrchascd by the Allen Property Custodian out of the proceeds of the We sboulu hold tbe seized p1·operty in accordance with the treaty seizru property. until Germany pars us $1GO,OOO,OOO in cash (if $30,000,000 can be l:!w­ (2) That the Dnited States pay, in au7-C. C. A. :::u Cit·c.) was owned '£besc certificated' are not to lle ex0cutc.d by the German ~vcrnment, by the royal family and by the Kaiser himself," and Germany couhl ald in tbe United States during indf'bted to tbe Unltf'd States or to the individuals or corporations of t!Jt! war nud who have thus escaped German war taxation thereon. '-said countries, the disposition of the proceeds or sucb loans, anrt the 1' HE D.l WES AGREEMENT terms and conditions uncler which snch loans were made, and all$0 to a scertain what moneys baYe bern pled~!ed or expendecl anrmnn citizens residing in Germany whose prop'erty bad been seized ask that it go over without prejudice. during the wat· in allied or associated countries to the payment of tbe The VICE PRESID.EN'r. The resolution will go over with­ claims of the citizens of those countries. For that reason the conferees out prejudice. dl1l not C'onslder t!Je German seized property as part of the assets of PRESIDENTIAL APPROVAL Germany, a}1plicable to the payment of its debts, in fixing the amount A. mes~agc from the President of the United States, by Mr. of annual payments. Great Britain, France, and Belgium have used Latta, one of his secretaries, announced that on April 1, 1026, the Heized property. the President approved and sip;ned the act ( S. 2673) to amend The di\'islon of the Dawes payments .wns based upon a division of the the act approved June 3, 180G, entitled "An act to establish Income from the German assets in Germany (exclusive of the seized and provide for the maintenance of a free public library and property). reading room in the District of Columbia." rt s!Jould be remembered that Secretary Hughes, in his letter to the .AMENDMEN'r OF HULE XXXVIII l'resldent, dated February 3, 1025, written in reF:ponse to Senate Reso· Mr. PI'l'TUAN. 1\lr. President, it ·was understood that I lution 301, of January 20, 1025, said that "The agreement at Paris was to bring up to-day my resolution, Senate Resolution 188, neither su1-renders nor modifies any treaty rights of .the Un!ted States." with regard to the amendment of Rule XXXVIII of the Stand­ In other words, we are still entitled to demand from Germany pay­ ing Rules of the Senate. I ask that tile Senate now proceed to ment of the .American pri ,.ate claims, if not of all the .Amer·ican claims, the consideration of the resolution. and this was well understood by all the alllcd governments. Germany Mr. CURTIS. 1\fr. Pre:-:icleHt, if the resolution referred to was not n party to the Paris agreement. by the Senator from Nevada :-:hall be laid before the Senate, I As a matter of fact, in chapter 1, article 10, of the agreement re­ wisll to move that it be referred to the Committee on Rules. ganling the distribution of the Da\\es annuities made at PariR, dated The VICE PRESIDEN'l'. 'l'hen a motion should be maue to January 14, 102!l, it was prodded that the alliPd governments would take the resolution from the table. not be en1itled to sllare in the Dawes payments until after they had l\fr. PIT'l'MAN. I move tl1nt the Senate proceed to the con- apr)Jicd to tbeir claims under the economic clauses " the German prop· sideration of the reRolution. 1 crty ane kept secret. executive session and communications still must remain secret, That is the rule now. all the ~otes may be made puLlic by a majority vote of the l\lr. PIT'l'MAN. Yes. Senate. Mr. \V .AT SON (reading)- Why is it, l\Ir. President, that we can not get action on thls Also all votes upon any nomination shall be kept secret until tha 1nnttcr ·without amending the rule? It was certainly never injunction of secrecy is removed by the Senate. anticipatey the nnnnimous consent of the SetUJ. te, except as I lla.ve chnnge.Ote. 'l'hut being the rule, the only way we can get whi(!b refers to unanimous (!onseut. uronnada; ut least, tbut such a course is worthy of afte·r consideration lly the committee"! I feel certain that tlle consideration. Senator's propo~al will have fa ·orable consideration. ~o far I <.lo uot 1.-now of any r ea~on why the yote on a nomination a~ I can see, there seems t-o be virtue alle seHsion ~hunld not be made public. Certainly posal first to make vublic lly a mere majority the vote thnt i. it seems to me ill-advise(!ondly, to give the privilege to nn iudividual tor may be a::;ked how he voted anent making public a vote on a nomination. A two-thirds vote re~-=t of ns would like to make public our vote!i; bnt the Senator does not apvly to the making of a rule. It does not avply from Utah [:Mr. SMOO'r] the other day warned me on the floor to the amending of a rule. It applies only to the suspen:::;ion of the Senate that if I made public my vote or anything that of a rule. I can Hee some sound argument for requiriug a took pla<:e in that executive ses8ion I wouhl be f'Ul>ject under larger vote to su~peud a rule than to make a rule. I am not the rules to expulsion. 'Vhether be be right or wrong about arguing against the souudness of requiring a two-thirds vote that, tb,ere is no reason \Vhy a Senator should labor under for tbe su~11ension of a rule, becau::;e wheu a rule is su:-:;vcnded that threat. it is done a way \Yith for some particular case, anote applies only to the suspeu~ion of' a carry the privilege of setting aside the injunction of secrecy rule, and not to ameudmeutR, as Vice PrPsident Coolidge ruled as to the vote, which will allow a majority to ~et it aside, in. 1924-, and which ruling was accepted by the Senate. It uoes because it \Yill be in accordance with the rule, all(l will not not apply to the making of a rule. It does not apply to the require a suspension of the rules. ameudment of a rule. Mr. NEJ<~LY. Mr. Presid.ent-- How diu the precedent arise that a two-thirds vote Rhoul," and all parts of the proeH~d­ HelveH, but on behalf of our States which s<'nd us here to re11- lugs of the Senate. The Ohair held, therefore, tllat it applies r<.!'sent them, and on bellalf of our c.:om,;tituents, who trust us to the votes of individual Senators as well as to all votes. to represent tllc princ.:iples they stand for, and which cause l\1r. GLASS. The Chair realizes that an individual Scnntor them to vote for us. may pra<:ti<:ally nullify the rule by stating beforehand aml 1\Ir. Ngi~LY . l\11·. President, will the Senator yield for an- printing heforehancl, if he plea~cR, exactly how lle shall vote. other (}Ue:-;tion? The YICJjJ PRrJSIDJe ll hy the Heuator from Neyada, and idea to require a two-thirds vote for the su~pcn~ion of a rule, invite the Chair's ntt.ention to the rnle. then su<:h a provision ought to be put in the rules, that the Mr. PIT'l'~lAN. ~Ir . Pre:-;ideut, I rai ~e the point that I can rules <:an not he su:o;veuded without a two~thinls vote. Let not be takeu from my feet by a point of order while discu:-;sing us make it defu1ite and certain. :->omething. I lHLYC kindly yielded to the ~enator, hut I am in Tbere are a great many other things to be considered. tl1e mid:-:;t of a :-;ve«:>.ch, and I yielded to him for a question but After this amen, amendment. I want to provide that nominations shall be I c.:an Iiot be taken from my feet on any ground at all, uuless held in opL•n executive se:sion, except ,,.hen a majority de­ a , 'enator rai:-;cs a poiJ1t of order against my snying something cides to hold them in secret executive session. :Uut, as I said improper about him. He can not raise n point of order while before, Ull(l us I said to my friend from Arkanl"as, I do nut I urn speaking, bec.:ause I do not yield for that purpose. <:are at the present time to have this viain, simple matter, l\'Ir. NFJELY. ~lr . Presideut-- wllich we have all voteu on aml whieh we all un not know that can get a quorum. I understand. that Senators are so busy fad he should familiuri~r.e him~clf \Vith Hule XX. ~Iy l}()int with various <:ommittee:-; right now that they can not al'way::J of orlished by a majority vote of the Senate. Why does he not effectnflte l1i~ purpo~e. make it mandatory, or rather permissive, without any -vote of Mr. PITTMAN. Let me show the Rena tor the distinction. the Senate, by Himply proviaing that a Senator may disclose The way the rule reads at tile present time is that- l1is own vote anll thnt nll votes upon tlle confirmation of nomi­ All information communicatetl or remarks mode by a Senalor when nations shall be publiRhed or made a matter of public record? acting upon nomiu::~tiont; concerning the character or qualifications of JHr. PITT~! ... N. The Senator must h.-now that I fa.-or that the person nominated, also all vot£'s on a nomination, shall be kept plan, as I Ilaye stated that I intend later to offer another s£'cret. amelHlmeut to the rule to ha-ve the con:-~ideration of all Homina­ tious in public se~Hion except wilere for some peculiar re:uwn a That is uncon, by a vote of 41 to 34, that of tlle ~enate with reference to a Senator disdosing hit; own there should be a larger vote for tile suspension of a rule thnn Yote shall be made to conform to tile practice. Wily not make for the making of the rule; that the two-thirds -vote only dealt the rule conform to the practice in tile other case by providing with the HU~pension of an existing rule, and not as to the adop­ nt the same time that all votes upon the confirmation of nomi­ tion, amendment, or enforcement of a. rnle. nations !:lhall be made a matter of puulic record'! The existing rule has to be su. pendcd because it is positive Mr. PITT~IAN . My only reason for not doing so is that I ns to secrecy anct there is no limit. The amenae to go to a com­ that. I am willin..,. to take my chances upon whether or not, mittee. Now I yield to the Senator from Arkansas. if we vut my provision in the rule, tli.en the secrecy shall only l\1r. ROBINSON of Arkansas. It "as with reference to a last so long as the Senate wants it to, and that this being in fact umlerlying that statement U1at I wanted to ask the Hena­ the rule, the Senate (;an relieve itself from the iujunction of tor. The Senator state that Ilis proposecl amendment to the setrecy by a majority Yote. rule 'dll permit a majority of the Senate to re1eal tile Yote on I am satisfied, nuder the rulings of the Senate in the past, a nomination in executive session. I do not believe, from a that if we do not vut tllat provision in the rule, but leave it a casual stued which would gi'e a majority of the Senate the injunction of secrecy without susp0nding tlle rule. the power to remoye tile injunction of secrecy on a vote con­ l\lr. PITTI\~JS. Ob, no, :\Jr. President. majority ought to have that pO\Yer. At one time a contention Mr. PITTMAN. Mr President, I can not yield any longer. aro:e here in reference to open executive sessions, and I con­ I would rather yielote than a mere majority to SU81Jote, but tl1ere is no other preccuen t tllat I can :finu or it brings in no new propo~ition, and there is no necessity for its 'ever heard of to tho ciTcct that any otller tilau a majority going to the committee; anu I expect to demand a vote on it on Yote is ever re11Uireu in tllo Senate unle~H it is eXI>ressly pro­ tile floor to-day. YWed tilat the vote Bhall Le a two-tbirds >ote or something l\Ir. 'VALSH l\Ir. Prcsiuent-- 'cl:c. I am willing to snhmit tllat qne:-;tion to ·the Chair when 1\Ir. PI'l'Tl\IAN. I yield to the Senator from l\{on'tann. 'tile prover time com~. I ha>e confith~l ce in the Chair's view of Mr. 'VALSH. Tile Senator has been discussing' the question it, and I haYe c-onfidence in tbe Senate's view of it. So that of suspending the rules, awl has referred to the discussion in tquestion does not dhlturb me. the body ane not hearu him prescut-tlle question of the vote Lody has been attacked in euitorials throughout the countty tilnt is neces::::ary to amend the rules. Of course, if the Chair by reason of tile fact that it Ilas refused and failetl to make will give me llis attention, that question will be audrcssed to the Yote in the "roocllotk case vublic. The Senate bas been the Chair in connection with the amendment which the Sen­ d~nominated as cowardly; it haH been intimated that there is ator now submitH. The question will present itself as to something that ·we are trying to conceal from our constituent~ whetber it takes a two-thirds or a majority vote to adopt tlw and from the citizens of this country. ln the face of that re,·olution now offered to amend the rules. abuse we can not stand in the Senate idle aud refu~e to take 'Mr. l'ITTl\IAN. I thougilt I Ilad touehed on that sufficien11y; action. Tllere is not any douht in the minds of everyone that Lut my view on it iH that Rule :XL, whicil i::; the only rule that a majority of the Senate want-, to give publicity to tllat >Ote. applies, does not require a two-thirds vote either for su'"'vension 'Yhy slwuld we stand here in a matter of this kind and allow or for amendment; that the argument which I have referred to 11robauly one or two more thnn a third to block action? in regaru to requiring a two-thirds vote was based purely on Mr. BL GHAl\1. "rill the Senator yield? poliey anu not on any rule; and that as far as an amendment Mr. PITT~IAX I yield. is concerned, an amendment is no more than the making of a ~r. BIKGHA.lH. Mr. Pre~iote, then we can change tbe rule jn~tifies tlle position which I know doe~ seem just to him, that by a majority >ote. It has Leen the unbroken practice of tlle f'ince, to put it in reverBe order, it takes a one-tilird >ote of United States Senate to adopt rules uy a majority vote, and I 1he Senate to keep a proceeding ~ecret-::md the Senator think tile- Chair knows tllat that has Lccn the case. ngrees witil that ~:;tatement, I assume-it is unfair that any Mr. 'YALSH. Mr. Prote may declde tllat a part of tile proceed­ adovted by a majority Yote in the first instance, but the ques­ ings should not be secret? tion i~ as to the Yote that Is required to amend the ruleR. It :\Ir. PITTMAN. I will give my views with regard to that. is my imoression that the view has been quite general Ilere I think tilat there was an important reason back of having that it takes a two-tiliru. vote to amend the rules. I do not executh·e . e. ~ions. I think tilere will aru e cases in wilicil tlle ag-ree with that at all; and if the Senator will pardon mc- Scna te ~Iloulu considCJ.· nomh1ations in executive session. In 1\Ir. PITTMAN. I shall be Yery glad to uo so. other words, during the time that I have been here there haYe Mr. 'YALSH. I waut to say, in tllis connection, that there ueen certain unfortunate nominations in connection witil which does not seem to ue any autilority to the contrary at all. Yoluminous records, letters, aflitla>its, and otller papers attack­ Usually, when a parliamentary bouy adopts rnles, it provides ing the moral character of the nomince were presented. Many bow the rules may be amended, and the vote which is required of those documents were unsworn, consisting very often of let­ to amenu the rules. Usually it requires a two-thirds Yote to ters, anu tile very character of the letters themselYes branded SU!"llf'ne blackened tlle subject, in the absence of rules. character of the nominee; and, no matter what we might ha>e The YICE PUESIDEN'.r. The Chair will ~tate thnt when done, they would have still remained a spot on hls cltaracter. this question cnme up in a pre>ious Congress, tile following There are cases of that kind which the Senate may desire to ruling was made by the Vice Pre::;ident : consider in secret set'sion. Mr. II.\Jlnrso:.-< raised n question of order, viz, that the resolution, Flll'thcrmore, Mr. President, the rule with regaru to keeping l>eing in effect one for tile f'uspen ion of the gcne.rul rules of tile secret tlle remarks of Senators or information tllat comes he­ l:!enute, and not baviug received a two-thirds vote, bad not passeu. fore the body i. not for the protection of United States Sen­ The Vice rrcsic..leut (:.\Ir. Coolld~e) overruled tllc question of oruer, ators; it is for tlle protection of the good name of a nominee stating that tbe resolution was no.t oue to suspend, lJut to ameud, tho wllo:-;e name may IJe submitted to tile Senate by tile President rules; aud that it required only a majority >ote. for confirmation. 'Yhat protection does a United States Senator require? Is Mr. :w A.LSH. I am very glau to haYe our attention <'alled there a Senator here who is afraid to stand on this floor ancl to that, because that is unquestionably in accordance with the say wilat be llas got to say with regard to any nomination the unuisputed ruie of parliamentary law. President may send Ilere? Is there a Senator who is afraid 1\Ir. 1\IOSES. In other words, Ur. President, that any par­ I>Ublicly to sponsor any affidavit or information whlch he may liament:uy body may adopt a rule l>y a majority vote, but, }Jresent against a nominee? 'l'he rule, I repeat, is not intended baving adopted it, it may not su:;penu its operation except by for the protection of Senators; it is intended for the protec­ a two-thirds yote. tion of nominees, because there is no protection that a United 1\Ir. 'yAf,SH. No; but it may amend tile rule at any time. States Senator needa. :Ur. MOSES. That is tantamount to the adoption of a rule. :My resolution docs not touch that part of the rule of secrecy Mr. 'VALSH. Yes; and a repeal would be the sa~c tiling. with regard to remarks of Senators or information that may If the Senator will pardon me furtiler-- l.>e used against a nominee, for that rule is not for my protec~ l\Ir. PITTMAN. Certainly. ·•

L926 CONGRESSIONAL RECORD-SENATE 6773 Mr. W .ALSH. I should like to call attention to what 1s said As I havo said befor0, after a committee baYe examined into on tJ1is matter by Cushing-, which is 1·egarded eyerywherc as the qualifications of a candidate an<.l they find nothing against practically the lnst word upon this subject: his clmractor, no attack whatever of thnt type on lliru, they REc. 182G. BYcry question, which is propounded to a legislative as­ should hold that whole hearing in op~n executiYe sc1:;sion, and seml,ly for it~ fletcrmlna tion, f\llll vcteu upon in any of the manners if they did tbere would be none of this dil:-lcrimination. If, on IJ.UO\'e ucHc l'iueu, receives its dcci ~ ion according to the preponderance the other hand, a majority of the Senate feel that a vote should of tbc Yotes, which, uulc!'y a majority. making the vote public aud not making the vroceedings puulic'? Undoubtedly the whole Senate has nllller~Stood, becam.:e it has Another authority, which ought to he accepted without ques· been an unbroken rule of the Henatc for years, that on the tion at lea:-;t upon one silUlllC that we did con~;ider it in ~ecret e..~ecuth'e scl:-l~iou, and ::\Iajority rule is the rule of e>cry asRembly, unless there is that su<.:ll an act as the transportation act of 1020 came out ol some rule C'Stnblh;hing a different numhcr of votes neceRsary to that boidcnt, will the Senator yield to me'? suppose unanimous com~ent should !Jc asked to place on the 1\lr. PI'l''r1\1AN. I yield to the Senntor from Connecticut. public re<.:onls the ru1.meH of those \vho llnd voted f•1r that .!\Ir. BINGH1L I. 'l'here uppcarrl to !Je no question about the transportation ad and tho names of those who had voted ri~ht of tlle nwjority to amend the rules at nuy time. Tllc nr;ainst it, Rnc to say ·a!Jout that? Do yon tllink they are inter­ coHH-ectlon with two f.!eparate votes. cstc<.l solely in your votes upon legif:tlation? You w(Julrl say At the 11re:ent time a two·thin1s vote of the P.enate 1~ re· that of course they woul<.l haYe a right to know how tlleir rop­ qnired to open s0cret procce<.lings. That vote having failed. re~entatiYe, their agent, vo ted on that legh;lation; but let me ulthough a majority may have voted for open 11rocee<.ling-s, I remind you, sir, that tlte administration of law is as e"sential ca11 not see \Yhy it if:-3 then fair· to give that majority the right to its efikacy as the provhdons contained in the law itself. Do to ovt~ u a part of the 11roc('euings. you not know, as a matter of fact, that of U1e very no<.:cssity The ~enator, in nus\Yering ruy question. expressed the view, of the c:i:-:e we han~ to give broad powers to jnclicial officers, which I know he holds. that the proceediugs should always !Je and that the clis<.:rction we gi>c them not only vests in them iu the opeu unle~s there is n 11artit.:ular reason for keeping them po,vers for justice but for tyranny'l Do you uot know that the ~:;ecret; !Jnt there l1aving been a vote taken of a two-thirds administration of laws in more cases tllan the enactment of nntnrc in regard to kecviug them secret, it apvears to me to be la,vs affects the peolllc of tllis eountry? Is it not perfectly only j u:-:t nnlution to Recret seHsions interestccl to-day in the men who are put in power than iu the conceruing nominations i::; so that a Senator may !Jc allowed to laws that we eunct here. If they are entitled to know how exvr ss himself freely in the de!Jntc with refcre11ce to the yon vote ou legi:-;la tion, they are entitled to know how their fi tness of a man for a vosition; and it i~.; argued tlmt if the agents voted on the men wllo are to cxe<;ute thor:;e laws. That ~:; R~ions were open many Senators would not feel that degree is the sitna tion. of liberty in expressing their vit>ws couccrnjng tLc muu. !\lore· ~ir. HINGHMI. l\Ir. Pr<'siOtes upon nominations made in executiYC session shall !Je kept the Senator, when the time comes, if it should <.:ome, for the s·ccrct; that to rcmo>c the iujnuc::tion of secrecy involves a sus.­ uiscussion of nn amen<.lmcnt to tllc rules \Yhich I have proposed, pem;lon of a rule that has been established by precedent; that which would put into effect n sy~tem which has worked ~ue<:ess· to su~peucl a rule requires a two-thirds vote: that there should fully for a great many years in the Senate of the State of therefore he a rule under which the injunction of sc<.:recy may Connecticut, I think some other reasons ean !Jc advanced; but be remoYem Nevada off tl1c floor junction of secrecy it will !Je made under the proposed new or to take hiH time for the purpose of arguing that matter. I rule, and therefore by a majority yote. do think, however, that there are other rcu:ons whieh may be J\fr. PITTMAN. 'l'hat is cor1·ec:t. offered for keeping a vote f\ocret. It works and has worked :Mr. wn~LI.A~lS. I thank the Senator. oxtn'rnely well in the cn:;;e of Connecticut. If that amendment Mr. BINGHA:\.{. 1\Ir. President, will the Senator yield now? is considered, I f.:hould like to present the argumentR in favor 1\fr. Pl'TTMAN. I yield. of it; hut I do not d0~:o;iro to <.lebate that matter at the present l\lr. BINGHA:i\f. I was very much intcre. ted in what the time, as the Senator from Nevada has the floor. Senator just sai<.l with regard to the peOJllc of the United Mr. WII..~LIAl\1S . l\fr. Presiinsed or un· anxious to sec that the right kin<.l of laws are pas.-ed than we founue<.l statements, which, even if denied anu proven untrue, are in the character of the men ·who nrc chosen to put them into will tend to blaekcn his reputation. That is the chief thing, eficct. Consequently, there has never been the slightest ten· •

6774 CONGRESSIONAL RECORD-SENATE APRIL 2 d0uc:- to make secret the vote on any law, uut it has been our Mr. BINGHAl\I. I am in entire sympathy with the position cu~tom for a great many years to always make secret the vote in taken by the Senator, particularly with regard to the latter reg-nrd to the confirmation of officers who pass upon those laws. part of his resolution, and the position taken by my friend, the 'l'he judges of onr Su1n·eme Court, of our Court of Apl)eals, Senator from North Carolina., with regard to the fact that a and of the court of common pleas, are always Yoted upon in Senator should always be permitted to tell his constituents, if secret, just as secret as the Au~tralian· ballot system. There he chooses to ,·er vot0, after a nomination wa:-; acted upon, made public. I have gi>e to his constituents, and thus ca.u never proverly justify hi:'> nev<:>r lteard that a Senator has been injured by having the vote yote. Therefore, it seems to me that by the same type of Yote, made public. In this particular case I wonder what there is wlletber it he a majority vote or a two-thirOting to purge the ruitC'd States Seuate by having it say, us a body, "'Ve are l\lr. PITT:\:IAN. The Senator is a yery fortunate example goiug to iusist on every man's vote being made' public." If, of llis system in Connecticut. That i!'1 about all I eau ftncl in then. there i~ aHything that causes any man fear or shame. it lli!'1 argument. Bnt it really can not iuipret-lJ:< me, bN1L.Use there is onr dnty to expose him to that fear and to that shame. That i :::; sl'crecy of the reprC'seutath·es of the peovle of Connecticut is all I have to :·;uy. with regard to their action on avpoiutees, that it is good for 1\lr. HLfJASI•::. 1\Ir. PreRident, I would like to ask the Sena­ this country. I do not kuow ho\\' it works out uv there, but it tor from Connecticut a question. Does he not think a man couhl would seem to me tlla t it \\'OUld bt:' a stur-tbamber proeeeding. go back horne and get on the rostrum and say how fit 1\fr. If we should com<:> in here alHl haYe a long contest OYer a \Yoodlock was for a position on the Interstate Commerce Com­ United States judge, a. man who would be appointed. for lHe, missiou and say a good <.leal about his qualifications, and so a man who.<:<-! trPmendous powers could be exerted either for forth. ant ju. ·tice or for opvrf'ssiou, a man whose very dispo::1ition, whose him tell how he voted, although he wanted his constituents prejudices, wllose bias, might make him totally unfit for nu to know how be voted? Does not the Senator think his con­ appoiut1nent, wllo might be known to be unfit for nppoiutmellt stitueuts wonlote. ~ I have no desire to conceal that man wns unfit. would wau t to know whether or not tlleir an,\· Yote I may caHt on any occasion, and least of all on this l!nitetl States Senators had voted for him? Of eourse tbey orca:--don. Howevrr. I do think that, in view of the fact that would want to know. Are they entitled to know? Can the thi:-< amendmc•nt vroposed. when we are acting agency? We are simply agent"' here. ,,~e are not rulers. \Ye upon nominations, the rule as proposed is extremely unfair. It are sent here to represeut onr States and the citizenH of our forc·es tlle ~t'nntor to llaYe his constituents told bow he voted, States, and on a hroader scale we are :;;ent here to repre~ e nt hut ab!'1olntely prevents him from giving the information which the whole citizenry of the United ~tutes as a body. Then how led him to vote iu that particular way. can it be said that we shall coneeul our act~ from our vrinci­ :Mr. HLEARE. l\rr. President, an article appeared in the pal~. that we shall conceal from them whether ~·e voted for Baltimore Sun yesterday morning in which it is stated that- or against an apvointe<:> of the President of the T nited State:;? \\~llat harm ean come from a fearless publication of a Yote? During the bnte- . Can the Senator conceive of it? This refers to the exl'cntive session, now-­ It seems to me that in considering whether or not a man's Mr. CUH.TIR. 1\Ir. President-- vote may be made public, it is almost impossible for a man to 'Ihe PRI£~IDBNT pro t<:>mpore. Does tlte Senntor from kt•ev from being insulting. I cerbtinly would feel insulted if South Caroliua yield to the Senator from Kansas? the Senator should say to me, "You have cast a vote, and you 1\Ir. RLEASfJ. I always yield to my friend. are afraid to let your constituents know how you voted." The 1\lr. CURTIS. I do not \Yant to move to go into executive Senator knows the answer I woul ider cowardly in myself, I consider cowardly in the whole Mr. CURTIS. If it is in regard to the matter-- Fnited Stutes ~enate, and I do not see bow anyone can vote to l\1r. BLEASE. How do they know so many other things if hrand the United States Senate as a congregation of men who they do not know how we voted? How are some things which care to act in secret and keep the secret from their constitu­ happened in executive session 1-.:ept so secret when other things ents and from the citizens of the United States. are not kept secret? Mr. BINGHAM. Mr. President, will the Senator yield fur­ Mr. CURTIS. I have no objection. Go ahead. ther? 1\lr. BLEASID. Here is what this paper says. I do not say Mr. PITTMAN. I yield. this happened in executive £ession by any means: 1926 CONGRESSIONAL RECORD-SENATE 6775

It is reportccl thnt re cbnrges that the (1st sess. 20th Cong., J. of S. 345) religious issue also «>ntcrcd; that one Senator char~ed that the Ku-Klux JUXE 1~, 1S4G. !{Inn oppo'led Woodlock, and thnt this inuuced secreey in protection of 1\fr. Allrn s'1bmltted the following resolution for conHiderutiorr: ccrta in Senators. u Rcsoll:cd, That the fortieth rule for conl.lucting business in the Did that happen in executive session or not? I do not sny Senate, unu which requires the Senate to close its rtoors when trans­ acting executive hnsinesR, be rescintleo; anu that the Senate shall here­ it red each Senator would have the individual right (1st sess. 30th. Cong., J. of S. 185) to state llow he voted, and \Thile I do not care to go into tile dis­ FEBTIU.mY 2~, 1848. cussioll now because it i:-; almost 2 o'clock, and we will at that .Among other resoTutions suurnitted for ~onslderation by l\Ir . .Allen hour go on 'with somethinb else, I tal'e the position that this was: rule is nucon:-;titutioual, an absolute, open violation of the (, l?esolPcd, That the injunction of secrecy be, ttny is, Coustitution of the United States, when it provides that a mnn r emoveu fwm all past r:roceellings of the Senate in executiYe session." <:lln not him..•wlf tell bo'v he votee no abridhiDent of free ~peech. It makE's (2d sess. 32d Cong., J. of S. 3G8 ) 110 exception. The rules of the Senate do not require any man to l'wear to abide hy them in the oath that he takes. There APRIL li, 18iJ!J. :!\Jr. Chase Rubmitted the follon-lug resolution for consideration : is not a word in it, and I do not believe you can expel a mn.n from the Senate if he were to tell everything that happened '· Hc8orccd, 'l'hat tbe sessions anu an procePdings of the Senate shall be public and open, exr 11t when matters communicate'l in confidence llNe in executive ReRRion. lty the PresidPnt shall be received and con'lidered, and in such other BINGHAM. Mr. The Renator realizes probably that a f'enn.­ caRes ns the • cnntc by resolution, from time to time, shall ~>pecially tor came very near ~m~pension at oue time for dh;closing oru<> r; nnu so much of the thlrty-eighth, thirty-ninth, nnine::.-:s and actually was censured, nlthoogh the as may be inconRistcnt with this rulP. is hereby rescinded." · c-cnRnre was Rubsequently witllclrawn. 'l'he facts are sho;vn April G thr motion \YUH discusse«l anu post-poue, part 2, 31!) of .d.ppendix. HECORn at this point c~rtn in pugt's from Furber'. Pr~:>.cedE>nts (1st sPss. 33d Cong., J. of S. G3 ) relating to tlle privileges of the Senate ·with regard to secret seRr;ions. DECEUUER 20, 1S33. Tlle PRESIDENT· vro tempore. Is tllere ohjectioi1? l\fr. ChnRe submitted the followin~ resolution for c"onsldeun.tlon: · Mr. NOHRIH. I wonler. (RF:COJW, of the book? 1st sess. 47th Coug-., pt. 5, 4G3~). 1\Ir. BINGHAM. Oh, no; I am only asking to have printed (1st sess. 47th Cong., J. of S. 807) RECORD in the t\YO or three pa ~ •s from lfnruer's PrecedE>nts JUXK !), 1882. relntin(l" to the privileges of tl1e Seuate. ::ur. Ynn W>ck sul.Jmittempor<'. I:-; there objection to the "Ncaol~:cd, ·:rbat in consiuering the queRtion 'Will the Sennte ad>ise request of the Senator from Connecticut? The Ohair hears autl conRent to the nomiuntion of the personR nnme!l by the President uone, and it is so ordered. to be member" of the T11riff Commi~Rion?' Rules LXVI and LXXIII The matter referred to is as follows: he su~penlie u , so that said que!ltion shall be con. ill got no- further than to be o1·uereu to lie on the table and be printed. in open session, except when otherwise oruereti by vote of the Senate." 6776 CONGRESSIONAL RECOll.D-SENATE APRIL 2 (lst sess. 4Dtll Cong., J. of S. 460) (1st sess. u1st Cong., J. of S. 1G4) MARCIT 2!!, 1886. MAncrr 1!"!, 18!l0. Mr. Logan !'1lllJinitted the following resolution, which wns ordet·eu to Mr. f'lnml.J sul.Jmit ted the following resolution, which was referred to lie 011 the table and be printed: the Cummittee on Hulcs: "Hosolved by the f:Jcllale of tlte Ullited States, Tllat the sesRions or "Hesolutiou proposing amendment to Rule XXXIX. tlle Senate commonly known as executive sessions, so far as they np- "Add at the close: '1'1·oridcll, Thut all votes cast in executive Res~ 111y to nominations, contlmwtions, or rejretions, shall hereafter l>e ltelll sion, whetbet· upon yea-a nu-nay vote or otherwise, shall I.Je made pui.Jlic with open doorA, and thnt a lllll>iic record of the same sllall be kept the at the close of the session at which the same are cast.' " same as in Jegh:lati\·e APA!;ions." 4. THE !JUTY OF SECUP:CY 'l'he Committee on Itules t•eportcd ac1Hrsely February 8, 188G (ib. (1 J . of S. !"!3G) 25S). nnd the resolution with the nu\·erse report wns placell on tlle J A!'\U.I.llY 21, 1701. calt'nuar. The Senate r('sumed the considemtiou of the motion matle yesterday, (1 st sess. 40th ·cong., J. of S. GH) to wit: '' 'l'hat the Sert"t>tar.r furui>~h auy mcml.Jer of tbe 'cnate with .Arr.rL G, 1886. such extmds from tho Executlre Jour11al as lle may direct"; and it Me. Platt offerert the fo11owing amendment to the above: was agreeu to amend the motion to read as follows : "After the word • ronsiuered ' insert the words ' and acted upon,' "He~JUlrctl, That the Secretary ~sed hy Mr. Platt (Co:-~GRER!iiO.:'\AL ltF.COlm, 1st sess. (2 .J. of S. 31G) 40th Cong. 3420), Mr. Butler· (ib. 3467), ~lr. Logan (ib. 3GOG), l\[r·. J A!'nn te shnll not he closed during Ordct·ed, That no executive l.JuHiness in future be published by the the time that the C'Xecu live nominations ar·e pending, discussed, or Secretary of ~~e Senat~ voted upon." (Ill. 107;j.) (lb. :.!07. ~'he Secretary was autllol'izeu to furnish certain extracts The point of order· was rnisecl, nnd sustained I.Jy the Chair, that the from the l!;xecutive Journal.) provision for amendmeut of the rules had not l1een complh·d with, anu (2 Ex. J. of S. 374) it was ordered that the resolution lie on the table. JU!\E !!4, 1813. (1st sess. Glst C'ong., J. of S. 1G8) 1\Ir. Campbell proposed a new rule, that- l\IAHCH 14, 1800. " '.rbe proceedingH of the Senate when acting on executive I.Jusiness Ur. Call gave notice of hls intention to move amendments to the sllall, wl.Jlle the same is pending, be considered confidential; and aftet· rules, ns follows: any such lm::; ine s shall have I.Jccn fully acted on, no part of the pro­ "I give notice that I Eotes (2 Ex. J. of s. 3!:12) upon auy nomination shall be kl:'pt secret.' JuLY 23, 1813. "Also, so much of Hule XXVI, clause 2, as follows: • 1'\"ben acting 1\Ir. King submitted the following motion for consltleratlon: upon confiilential or executive l.msine~:.:, unle s the Rame Rhall I.J<' con­ "1. R esoll'etl, That tlle Joumnl of the executive proceedings of the sider<'d in open executive SC'ssion, tlte Senate Chamh~t· Ahall he cleared Senate be fwm time to time puullsheu, excepting such parts the1·cof of all per ·ons, cxce}lt the f:)ecretnry, Chief Clerk. the principal legisla­ as may haYe been ordered to 1Je kept secret. tive clerk, the executive clerk, and such officers as the Pre:::iding Officer "2. Resolred, That eYery ol>HerYation or dei.Jate concerning the quali­ shall think neceRHat·y, shnll ue sworn to Aecrecy.' " fications or cllarnctet· of any person nominntetl l>y the President to any The object of this motion for change of rule iA to allow the consid­ office I..Jc l~t·pt secret." eration of the nomination of Charles Swain nnd Joseph •. Strivliug in ~'hi s motion was referred to n committee July 24 (p. 3Du), wllich open executive A<>ss ion. ".ilkinson Call (Coxout:sswx,\L Ht-.: conu, 1st reported tlle first resolution, and that was postponeu •• to the first sess. 51st Cong. Z2:::4, 223G). - Monday of December next." (1st sess. Glst Cong., J. of S. 172) (1st sess. lOth Cong., J. of S. 411) 1\f.\HCII 18, 1, !10. MAY 10, 182o. rursuant to the notice given on the 14th instant that he woulll move Resolrerl, That snch purls of the executive Journal and proccruings to amentl the thirty-sixth and thiety-righth rules of the Senate in order of the Scnnte as shall be, at each session, lli~cllarged from tbe in­ to nllow the cousidet·ation of the llominations of Cllarle::~ Swain and junction of secrecy, 1>c annually printed in audition to tlle lt•gislulivo Joseph N. Stripling in open executive session, Journal. Mr. Call asked the reading of a resolution whieh he had sent to the 'J~ he following extracts from the rules of the Senate show the prin­ Secretary'~:! desk. cillttl changes iu the rules ou this subject. The President pro temJJore y the ~lemuers tllereof l{rvt secret, :mel all treaties which may I.Je lnitl ucfore tlle Srnate shall al:,!O Mr. Sherman submitted a motion tllnt tbe doors I.Jc closeu, aun ~:>erouded I.Jy l\Ir. Etlmunds, injunction of secrecy. Tlle l'rrsident PL'O lt•mpore directed tile galleries to · be cleared and tlle doors closed; aud Tiule XX..XVII. All infoi·mntion or remarks touching or concerning tho After proceedings wltll closed doors and tlle ronsilleration of executive <"huracter or qu::lliflcations of auy ver::~ou nominated I.Jy the Presidc11t I.JUsiness, to office shall l.Je .kept secret. The doors were reopcneu. (Coxct:EBSLO:>~AL H~::cono, 1st sess. 51st Rule XXXVIII. Wheu acting on confitlential ot· cxecuth·e l>nslncss, the Cong. 2:-!Dl; no delmte.) Senate sllnll !Je cleared of all persons c:x:cer>t lhe Secretary, 't.he Scr~ 1926 CONGl{ESSION1\.L REOOI~D-SENATE 6777

geant at Arms, the doorkeeper, or, in his absence, the assistant door­ (4 Ex. J. o! S. 1~~) keeper. M ARCH 2-1, 1830. Rule XXXIX. Extrncts from the executi>e record are not to be fur­ Mr. Hayne submHteu 'the following report; nished but by specinl order. The select committee to whom the above resolution was referred (211 sess. 40th Cong., J. of S. 345) have had the same under conRillf'ration, and re~pcctfnlly r eport : ::\fAHCI-1 2G, 1868. That the rules of the ~l'nate, so far aH they are ernbraceu in the Rule XXXIX. AH confidential communications made by tlle Presie business, tlle "XL. " 'h en acting on confidential or exe<'utlve buRinesR the Senate Chamber shall be clMred of all r>ersons, excepting the Secretary of the shall be c.leat·ed of all persons excP.pt the Secretary, the S rgeant at Senate, the principal or executive clerk, tlle Sergeant at Arms, and Arms, nnu doorkeeper, or, in his absence, tile assl!:itant doorkeeper.'' doorkeeper, the assistant doorkeeper, and such other officers as the From the:-;e rules it manifestly app~ars that the injnnction of sect'ecy PreHiding Officet· shall think n ecel:isary; and all such officers shall be imposed on the Senate while acting in its cxecuth·e cavncity emhraC'C':-;: sworn to secrecy. First. All confitlential communieations ruat.le IJy the Pre!4i signatee" when it uses the cxprc:;~iews of the Senate on this subject shall be made publication any- written or printed matter directed by the Senate to be known. hf'ld in confidence shall be liallle, if an officer, to dismissal from the To show· that our Executive Magistrates h eretofore llave not con­ service of the Senate, and in case of a l\lember to suffer expulsion sidered all communications made to tbe Senate in its executn·c ca­ from the body." pacity as confidential, it ls only necetiflary to observe thut nothing has Passeu in the allirmative--yeas 21, nays 17. been more common than to fiud nominations unnounced in the public prints on the >ery day tlley have been made to the Senate. By con­ (2d sess. 48th Cong., J. of S. 571) sicl<'ring as confidential only those communications maue by the Presi­ MARCH 21, 1885. dent which shall be marle and 01·dcred, That the injunction of secrecy be r emoved from the fol­ the Senntc will be uni!:iions anu all proceedings of the Senate in relation to it must dh;cussions on the removal or appointment of officers, tl.lld at the next be kept secret until the injunction of secrecy shall be removcu. executive session he should move to transfer the discussion of ·the ques­ tion from the executive to the l~glsla tlve journal. a. IXFOR:IfATIO-'< OR nror.rARKS TOUCIIIXG 'I.'HE CUAR.\CTER on QrJALIFICA­ The subject was ruled out of order. TIONS OF PERSONS NOMI:SATED TO OFFICE (4 Ex. J. of S. 122) This rule is too explicit to udmit of a doubt as to the obligntinn to MARCil 12, 1830. keep secret ev<'rything that mny be said by a Senator "touclting- the Resolt1ed, That a committee be appointed to take into consideration charactet· or qualifications of a person nominated to office." The object the rules in relation to. the eonfidential procee

LXVII---427 6778 .CONGRESSIONAL RECORD-· SENATE APRIL 2 "remarks" made, there can be no. difficulty. nnt H may be nsked " 'All information or remarks touching . or concerning ,the chruncter. or wllethcr auy injunction of secrecy is imposed by this rulc-- qualifications of any person nominated by tho President to office shall l,'ir14t . In rcll!kred. 'l'ho elfcct or an unquallfied removal of the injunction of authority." secrecy would seem to be to permit the publication of everything now And as amP.ndNl was a~reed to-yeas ·::m, nnys 7. required uy tbe rules to be kept secret. ~' o guard against disclosures of Resolved, That in co nsideration of the acknowlcdgme nb:J and apology the remarks made by Senators touching the chamctcr and qualification;~ tendered l.Jy the saicl Be.ojarnin 'Da11pan for. his saiu offenl:lc no further of pr.rsons nominated, it lms been usual to prO\'idc for the rcmo\·al or censure be inflicted ~m him. tile injunction merely from tlle proceedings of the Senate. When this Dctermiued in the ntlirmatlve-ycas 3D, .nnys 3. lias been done in relation to appointments "the I'C OJal'l's" of 8e11al'ors Tbe procec11ing-s wP.rc in exP.cntive session, and the debate therefore l.Ja\·e still been considered as secret, but the injnnction bas hcen r<'­ is not published. (See also• (l Ex. J . of S. 270- 273.) garded as remo, ~d fi:Om all tile V!>tcs giYen in the case. 'Where tho The PRES:IDENT pro tempore; Tlw hour of 2 o'clock hav­ injunction bns been removed from "the procceclings " in other cased ing arri:vcd, the resolution, bel11g undisposed of,.. goes to tho the :M:emhurs of the Senate have I.J ee n consi:lercii ns at Jil)et·ty even to ealeudul'~ The. Chair layi:l before the Senate the unfinished publish their remarks, as was done in the case of the Panama mission. bu s ine ~ ~, whicll is HonBe bill 6773. On the whole, the committee aee of the opinion that removals of the I\Ir. NEELY. l\'[r. :President, I ask unanimous consent to injunction of secrecy should hereaftc~t· be con::;idered as al.Jsolute or offer a suiJ~titutc for the amendments propo~Sed by tho Senator qualifierl, according to the terms of the resulutlon. from Ne~ada [Mr. PIT'l'MAN] and tllat it be printed and lie To pre\-ent misunderstanding on this sul.Jjcct the commit~cc recom­ on the table. · · · · mcn1l- Mr. N~ELY's amendment, in tbe nature of a substitute for tho First. That all motions for the removal of the i njunction of secrecy amendment of the rule:'l proposed by :Mr .. PITTMAN_ in the reso­ shall herP.after Le sui.Jmitted in writing. lution ( S. He:;. 188) to amend paragTaDll 2 of the Standing ~ eco nd. That nuder a resolution to remove the injunction of l'ecrecy Rules of th~ Scnutc relative to nominations, was ordered· to from the journal of the proceeX<:C!Jt "I'P.marlrcd a suhstitutc, I am going to offer a subHti~ may, under the <'xisting rules, he reqni.red to I.Je kept secret, and not tutc lil;.ewise, and ask to havo it printed and lie on tho table. relating to the character of indh'iduals, mny be puhlislted. i.\Ir. · NoRRfH1S amendmcut, in the nature of a substitute for Fourth. That a re ~w lution to remove the injunction of Recrecy, Ro llS the resolntion ( S. HeH. 188) to· amend paragraph 2 of the to permit fhe publication of rcmnrks of intHvidnals "touching- tlte ~tamling Rules of the Senate relative to nominationH, suh• chm·actcr, conrlnct. or qnnliflcations of individuals" must declare that mittcd hy l\Ir. PiTTMAN~ was ordered to lie on the table and ol>ject in positive and express terms. to be printed, as follows : Ix THE SI:X.\.TE OF THE · Uxtn:n HTATF:s 1 Rcsol vo1l, That paragraph 2, Rule XXXVIII, of the Stnndl.ng Rules March 11, 1&'>~ . of the Senate ue, and tlle same is hereby, amended to read a.s follows, (Ordereu to bo printed) to wlt: Mr Butler made the following re11ort: "!:!. A.ll information communicated or remarl;;s made by a Senator "The Committee on the Juuiciary, to whom ":ns referred · the resl)lU· when acting upon nominations concerning the character or quallficn- · tlon of the Senate, 'to inquire whether any adllltional rule or amendment tlons of the person nominated shall be kept secret, but all votc.s upon of the existing· rule iu rclntion to the procecdin~;s of the Senate in any nomination shall be printed in the CONGU£SSIO:\'AL llF-cono. ff, cxecuUve session be necessary, and if in their opinion any such rule however, ci.Jarges shall be made against a person nominated, tbe com­ or amendment l.Je necessary, to report such rule or amendment to the mittee may, in its discretion, notify such nominee thereof, but t llo Senate,' have had the same UJ.Hler consideration and report. name of the person making such charges shaH not be disclosed. The "The I'Uuj ect of the foregoing resolution seems to have been fully fact that a nomination llas been made, or that it has I.Jcen confirmed considered hy the committee of the Senate :In 1830, of which 1\fr. Hayne or rejected, shall not be regarded as a secret." wa:,i chairman. The report is as follows : ,(The r€port is omitted here. INDEUTEDXESS OF ITALY TO THE UXITED STATES 'V. S11III'fl, 15.) "Your committee adopt both the reasoning and conclusions of that The Senate, as in Committee of the Whole, resumed the con­ report, and under tho views thus presented there is no occasion to alter sideration of the bill (H. R. 6773) to authorize tho settlement ; or amend any of the existing rules of the Senate. .As it regat·ds the of· tho indebtedness of tho Kin1;<1om of Italy t!o the United wurlls of the former 30th, now 40th, rule, which reads as · follows·' States of America. 192() CONGRESSION1\_L RECOR,D-SEN_._1..TE 6779

1\lr. S:!\lOOT. 1\Ir. Prc:sit:knt, I do not lmow whether any like to have the Italian deht !'ettlcment bill <1i~cn~:.:ed tv­ Senator de.<;;ires to proceed \\·Hll tlle tliscussion of tlle indebt­ morrow. edness of ltaly to the Uuited States or not. Mr. DIIJL. 1\fr. President. can the Henatol' ~iYe u:s an:r idea Mr. McKI·~LLAR. I ~ball have something to say a little when he hopes to ba ve a Yote on t llc mea:-;ure 'l Inter ou the subject, but I urn not prepareu to-day. :Mr. SMOOT. I am perfec-tly willh1g now to a~k mw1limous l\fr. Hl\lUOT. I would like to a:-;k if there is any Senator consent to fix a time to take n Yote on it, hut the minority pref>eut who 1Vould like to discuss it to-day. leader, tlle senior Senator from Arkansas Ll\lr. HonrNsox] told .1\lr. OYERH·\N. Why not call for a <]Uorum? me to-day that be is not yet Jlrepared to agree upon a wered to their uames: · Ashurst l•'enis T...C>nroot Shipstead proceed to the con!-Jilleration of the <:all·mlur, a~ it was umler­ Banud Fe:::s l\1 cJ{pll;u· Hhortriclge stood that t-ht' calemlar would be eonsidP.red this morning Bingllam Flctchpr l\IcMa~ter :-:1ilumons when WP took the adjonrnment on ye~tertlay. meuHe Frazit>i· l\Ic~ary ~mith Smoot The PRESIDEN"'l' pro tempore. Unnhjected bills on the hl~~~~on gf~~·;e ~tft~~lf :-3tanfield calendar'! Brookhart Uoll' l\Iusc>s f;tepbens l\fr. CtTR'l'IS. 1\Ir. President, I a~k unanimous consent, if Broussard C:ooding Neely B\vanson llruce Hale NoJTIR Tramlllcll the Henator from Utah \Yill :yield for that purpo~e. that we Rntler Harreld Nye Tv son proceed to the eom·ddNation of uuobjeded bills on tlte c:al­ t ':.uaPron II a l'l'iH Odd ie \\··aosworth tmdar, l1 egilming- where we l<>ft off yestt'rdny. nnd at tlle con­ Cam way I [arrili'on o,·pt·runn Wnlsh dnsion of the cull of U1e <:nlenl!ar for 1mubjedeu bills tllat Co]H'l:1nrl IIetlln l'bipps "'arrrn Con~ent> Howell l'lttmnn Watson we begin at the heginniug of the calendar nutler Rule YTII. Cum min!! .J uhnson Han:>dPJl Welle•· The PIUlll Kt•nurirk Hollin~;ou, .:\rk. wmis tnke up my rc.'-' olntion. 1-'uator conld not I·~rnst King Hackett move to take it up uefore to m orrow in uny e\·ent. I ha\e Fcntahl La Follette Sheppal'cl no deRirr to <1t>lay action upon t11e Senator·:· re~olution, but I Mr. C"l:RTIS. I desire to announce that my collea~ue [Mr. want to mal{e a motion to refer it tv the Committee on Rules. CAPPER] i:-; aLseut on aeconnt of illueRs in his family. I will I belieYe it i~ of :-;;nell imvortaJ!C"e 1! ,at it ong-ht to go to that let thi:-: annnnncPIIWnt :-;tnnd fo1• the rlav. commitll'e for <:on~iOre. According to the unanimons­ think we onhht to <·ompll:'[e the t::.!ll of the <:alendar to-day. I eou~Pnt n :Ireement. the clerk will begin the call of the cnlenrHlar wns the bill ( S. 2483) for the to uo so. relif'~ ·of tiH' l<'~al n'ln·est>..ntntiyes of the estate of Alphon~e 1\fr. S~IOOT. The only vhjectiou I have to the rt•<]ne~t made Dt•:.:ma n•, dPcPH:-i<'ll. and others, whic·h was considere:d as in l1y tll<> ,'t>llator from I\:unt-'fiH i :-; tl1at if the Seuate :-;hould eou­ CommittN! of the "'llole. dwle the eou ~ ith·ratiou of the uuobjt'eted hills on the C.'llen­ 'l'he bill wns rend. a:-; followR: dar it iR propo~ed tlJ at we ~houltl return to rhe beginning of Br. 1t rwnotPd, Ptn., That the claim of the legal repre!';entat!ves of the 1l1e calendar uudl'r Hn!e YIII. Uwll'r Rule Ylii auy ,'enator estate of Alplwu:::e DrsHJ~u·e, deceaseu, nnd tlie claim o! the legal rep­ could make a motion to tr..kc up a particu!ar bill to whkh re:sentath·e of the N•tute oi Cyprian Dupre, tleceased, surviving partner ohjectiou might h:we been made previously. I do uot waut of the late firm of Desmnre & Dupre, for tlle net proceNls of the cotto!l t1u1t to hnp11en, bl't:nu~e it mig1Jt di~pluce the unfinished lmsi­ purcbatl!'ll or ownt•ll l1y them, taken by the United States officerf', sold, nes:->. If the Senator will mouifr hh; reqne:st iu tllut re:-;ve<:t, ancl the net proc 'ells tlwreof placP.tl in the Unit~tl States Treasury, ue, I ~hall · have no oujection to it. alJu tlw :--ame Is he1·t>uy. referretl tu tbe Court of Claims for determina­ The PH.ESIDii~~'J' pro tempore. 'rhe Chnir is of the opiuion tion of the law and the facts Ulltler the net of CongrPss approYed March that nuder Hule YIII thnt would not hill!I1en eYen if the mo­ 12, lRH3 (12 ~tnt.. L. p. 8~0). an.v f'tatutt> of limitations, or the net tion \Verc ~rt'ed to. The Clutir i.· of tl1e oviuion thnt entpring of July 2, l8G4 (30 ~tat. L. p. 376). aud all other nonintercoun:;e laws, upou u enll of the ca1enu:u by nuanimom; <:Oll~Pnt and going or :>Pet ion 17!=1, .TtH1icinl Colle, to the contrary notwithstanding, a ud through the unohjed eel hil1:-; to tLe completiou of the cu leu dar report to Congress. nnd then by motion taking up an ollject't•cl bill wonltl not di~­ vJncP the Ullfinish!'tl llnsine:-;s, hecan!-;e the Senate i::; acting l\lr. HANSDELL. :Mr. President, \Vhen we hncl thi~ blll ln~t mHler cou~ideration, I was proceeding to explain it Yery brietly nuder a ~pt>dal onlN made by unanimous con:-;eut. Mr. HMOOT. \\'ith U111t distinet lllHlerstnn in the sition, I bayc no oujection to it. Trea~ury arc merely trust funds. Millions of dollars o{ such 'l'he PREJSID"li~N'.r pro tempore. The Chair understands the money haYe already been distributed to the legal owners upon unanimous-consent a~reement a~kell for is that the Senate that theory. The benetlciaries of this bill hnYe never been vaiu sbnll now proceed to the call of the <:alenda r, ueginning at the uack the money which tllcy claim. It is in the 'l'reasury De­ place where we l<>ft off upon the last call, and calling the partment nt tl)is time. All this bill propoF

Be it enacted, etc., That tllc claim of Louise St. ·Gez, -executrix ot United States, and for other purposes, was announced. as next Auguste Ferre, dcc~nsed, surviving partner of the late firm of Lapene in order. & Ferr(}, for the net proceeds of tho cotton purchased or owned by Mr. Si\IOOT. Let that !Jill go over. them, taken by United States officers, sold, and the net proceeds thereof The VICE PRESIDENT. The bill will go over. placed in tbe United States Treasury, be, and the same is hereby, re­ The bill ( S. 2868) conferring jurisdiction upon the Court of ferred to tbe Court of Claims for determination of the law and the Claims to hear, examine, adjudicate, and enter judgment in any facts under the act of Congre~s approved March 12, 1803 ( 12 Stat. claims which the Crow Indians may have against the United : L. p. 820), any statute of limitations, or the act of July 2, 1804 (13 States, and for other purpoRes, was announced as next in order. 1 Stat. p . 370), and all other nonintercourse laws, and section 179, .Mr. SMOOT. Let that bill go over. Judicial Code, to the contrary notwithstanding and report to Congress. Mr. 'WHEELER. I should 1ike to have the two bills which l\Ir. RANSDELL. 1\fr. President, the same state of facts, the Senator f-rom Utah has objected to taken up and com;iarance Co. (Ltd.) ; the Automobile Insurance Co. of Hart­ from Oklahoma desires to make a statement in regard to the ford,. Conn. ; .American & Foreign Insurance Co. ; Queen In~ur­ billH if tlle Senator from Utall will yield. a~ee Co. of America; Fireman'::; Fund Insurnnce Co. ; St. Paul 1\ir. SiHOOT. I shall be perfectly willing to yield; but I Fire & 1Harine Insurance Co. ; and tile United State;;; Merchants merely wi:·h to say as to theoe two bills that I have some & , 'hippers Insurance Co., which bad IJeen re_ported from tile conespondence in my otlke which I did not bring with me, as ' Committee on Olajrus wjth an ameudment on page 2, line 1, I did not expect the bills to come up to-day. 'l'he letters I have after the numerals "10Hl," to insert tile words "paytLIJle to 1·eceived vt·otest against the pasl:!agc of the bills. I know , bearer," so as to make the hill r~ad: nothing about the bills at all except ~·hat I have learned from De it enacted, etc., 'fbat t>.he Secreta1·y of thP. Treasury be, nod be is the letters of protest wllkh I have received. llerchy, authorized anu direct~d -to redeem w.ithont intere ·t 4V., per <·cut Mr. RAHIUJLD. Mr. President, "·hen these bills shall be United States Tt·easury certificat~s of inclebterlnesR No. 8981, in tho com:idered I desire time to mnke a statement in reference to , denomination of $10,000, and No. R48:1, in the !lcnomination of $!:i.OOO, them, because they inYolve a matter of policy. I do not think !'let"irs Y-.A, dated Dcccmher u, 1018, maturcu :'!lay t:, l!.HD, pnyai.Jlr to it will rake me more than a few minutes to do so. I can, per­ ueare r without presL•ntation of the t;aiu certificate of indehtcdncss hap:-; , make the statement in the five minutes allotted., !Jut I which hnve ·been lost, stolen, or dcstt·oyed; anll to pay from thP Jll'O­ iliink that there ought to IJe a statement made in reference to cceds of such r edemption to tlle following companle!'l the rcs1wctlve thet>e two bills which ure numbered, respectively, Orders of . Rums set after tlleir names: Commercial Un ion "\ssnrance C'o. (Ltu.), Business 350 and 351 on the calendar, because, as I have stated, $3,000; the .Automoblle In:;urunce Co. of Hartford, Conn., $:1,000; they involve a difieren<'e of policy as between the Department AmPJ"icnn & Foreign lnsurnnce Co., $~.~()0; Queen Insurrlllce Co. of of the Interior und the lndi::m Affairs Committee. Americn , ~2,250; Fiu~man·:s Fuutl Insu2·ance Co., lj:2,100; St. Pnul Fire l\lr. Sl\100'1'. I should like the Senator from Oklahoma to ~·llatcn· r & ~Iarinc Insurauce Co., $GOO; anu UJ1iteu States ~Ierc!Jant~ & Sbii1PI!l'S make statement he desires to make at thh; time. I dei-rl·re to comp.are the ~tatcrue nt which the Senator makes with Insumnce Co., $l,SOO; a total Slllll of $15,000: rrorided, That the t'lllid ccvtificates of indP)Jtcunes.s sllull not llnvo bC'en previously prf'.,u?nted for tllo letters of prot~st whi<:h I have received. I desire to repeat payment: _1n!i p1·oricled jnl'thcr, 'Ihat the said Commercial Union As­ to the Senator that vcr~onally I know nothing about the meas­ F;urancc Co. (Ltd.) ; the .\utomohile Insur:JDcc Co. of Hartford, Conn.; ures at all, but I do know, from the letters wllicil I have re­ American & Foreign In;;urunce Co.; Queen Insurance Co. of A.rncrica: ceh·ed, tllut tiler£' is bitter opposition to tllem. Fircruan·s Fund Iusurance Co. ; St. Paul -Fire & ::O.larine Insurance Co. ; 1\Ir. HA.RRRLD. I am perfectly willing to make the state­ an,l United. States .Mcrcllants & Shippers lul"nrancc Co. s!Jall first file ml'nt. in tlle Treusury Department of the Unite!l StateR n bond in the pennl JUr. RM00T. I wish the Senator woultl do so. Let us have the Htatement now, IJ eeau)o:e ,.,.e might ju,;t us well act upon the ~;urn of doul>le tllc amount of the principal of s!liu certificates of indebt­ edue:-:s in such form ·antl with such sureties a:'l mny l.Jc acceptable to matter at thi1'; time, it Heems to me. JUr. BA.HHELD. l\1r. Pre~ident-- the Secretary of the Trea~:ury, to iuucmnify and save hnt·mlcss the Uuit<>d Stutes 'from any lo:lS on account of tbn lost, stolen, or dcsh·oyed Mr. WILLIAlUS. 1\fr. President, will the Senator from Okla­ homa yielcl to mo for just a moment? certificates of iutlei.Jtescr lbcO aml 351, and I ask if they tio!l of the depa rtment? ha....-e been plnted in the calenda;r flies of Senators? ~Ir . B..~TARD . I can exiJ1ain the bill to the Senator from Mr. HAltREI_~ D . I understand they ll a1e lJeen. 'Vaslti.ngton. i\lr. President, something like two years ago tho Indian Af­ Mr. JONli:S of v\'a ~ hington. I am merely askiJJg if the de­ fairs Committee of the Senate adopted the policy that it would partment has recommeJ!ded the pas -age of the bill'? allow the Yarious Indian trihes, aH tlley neared the conclusion 1\lr. BAYA.RD. There y;·ere t\10 Treasury certifie.ates of in­ of their tribal relations with t11c l nited States Goyernment, to the exact basis of· the claim whkh was being prosecuted. :session was that the !Jill ought to spcdfy the vurticular treaty ·when the matter came before the committee it was discussed, · and the particular laws under whkh tbe Indian·s desired to and the committee reached the conclusion that it could not bring the suit. It can be readily understood that these Inuim1s afford to accede to the demand of the Buoine Tribe in the 2141? Treasury of the United States. 'l'here being no ol>jection, the Senate, as in Committee of tho 1 do not rcmemLcr that that was discussed. 'Yholc, proceeded to c-ou....,irn1;ided., That actual c:oHts nec~~ary to Mr. CURTIS. Mr. President, I sllould like to ask the Sen- be incurred by the Assinihoine Indians as required by the rules tttor from Oklahoma a question. Has it been the policy of the of court in the pro~ecution of thif,l snit shall be paid out of the committee during the last two years--whlle I am a member of funds of the A.c:;siniboine TriLe in the •.rreasury of the Unitey a court of (Ompr· t ~' nt invariably to ask for a report from the. Interior Department jurisdiction, may be submitted to the Court of Claims for detcrmina­ and to obtain it; and in most cases we have followed the de- tion of the amonnt, if any, due saill Indians from the united t;taic~ partment's recommendations, but in others we have not. That under any trf'nty or agreement or law of Congress, or for the mis::rp­ is, it is -left to the committee in each instance~ and sometimes propriation of any of the property or funds of l;!aid Indians, or fol' they vote to report out a bill which might be contrary to tha the .failure of the United States to atlminister the same in conformity report of the Interior Depaxtment, but not often. with any treaty or agreement with the sniU Indians: P1·urided, That Mr. LENROOT. 1\Ir. Prcsi<.lent, will the Senator yic.lu? if in any. claim submitted bercnndct· a tt:eaty or an agreement with the Mr. HARRELD. I will Indians be involved, and it be shown that the same bas been amenued 6782 CONGRESSIONAL RECOR.D-SENATE APRIL 2 or supersetlecl by nn net or nets ot Congr<'ss, the court shall . have 1\Ir. ·wHEELER. No; there have been no settlements of authority to deter·minc wilether such act or nets have violated any any claims. ' property right of the ci~Timants, and, if so, to render jndgment for the i\Ir. LEXROOT. So the provisions of section 3 would not d a ma_g-:!s r esult in~ therefrom; and jurisdiction h; hereby conferred upon actually open any settlement that heretofore was made? snid Court of Clairus, vdtll the right to appeal to the Supreme Court 1\Ir. 'VHEELER. There has l>t;en no settlement of any kind ot' the United Stutes by either party, to b ea r and determine all legal made. 'Vhat they want to do is to have settlements. ond equituble claims of whatsoever· nature which said Intlians may l\Ir. LENROOT. In some cases, of course, we have made have ngainst the United Stntes, it l.Jelng the intent of this act to confer settlements. upon the said Court of Claims fuJI and complete authority to aujust l\It'. WHEELER. Yes; but there have not lJeen any of these and d<'termine all claims suhmittl'd hereunder so that the rights, legal settlement::; made. and equitable, both of the l'nitt>d :Mates and of said Indians may be i\lr. HARRELD. l\Ir. President, of course my committee fully considered and determined and to reml~r judgment tilereon ordered this bill r<'ported favorably, and I do not want to be accordingly. put in the attitude of opposing the action of my committee; Sto:c . ::?. :\ny nnu oJJ claim.;; agninst the United States within the but I do feel that attention ought to be called to a proviso on punil•w of this act shall be forever barred unless suit be instituted page 2, beginning with line G, which is in terms a little more or petition filed as Ilerein pr·ovide.d in the Cour·t of Claims withht five liberal thnn any otller act of the same kind \Ye have passed : :v eat·s from the d11te of approval of thif! act, and s nch suit shall make P1·ovidcd, Tbat if in any claim sul.Jmitted hereunder a treaty or an the .Assinlboine Nation Ol' ']'rille party platntifl' and the united ~tntes a~rf'emNtt witb the Indim1s be involved, anu 1t be shown tilat tllo party defendant. Tile petition shall bf.' verlfleu by the attorney or same bas been amentled or superseded by an act or acts or CongreRs, attornPys employed to prosecute such claim or claims undCI' con tract the court shnll have authority to determine whether s nch act or acts with tile Assinil.Joines approved by the Commissioner of Indian A1Talrs huve violated any property right of the claimants; antl if so, to rentler and the Seeretary of the Interior; nnd saitl contract shall be executNl jual of the Commissionet· of Indian Al'!'airs nnd tlle Secretary of to tile Supreme Court of the United ;>tates by either party, to hear the Interior. Official letters, papers, clocnments, and records, or certi­ and determine all legal and equita ble claims of whatsoever natnre fied copies thereof, may be used in evidence, and the departments of wlllch said Iudians may have against the United States, it !Jeing the the Go,·ernment shall gtve access to the attorney or attomeys of said iutl'nt of this act to confer· upou the said Conrt of Claims full and Indian nation to such tJ·eaties, papers, conespondence, Ol' records ns complete authority to adjust and determine all claims submittrtl may be needed by the attorney or· attorneys of said Indian nation. ilereuudcr, .so that the rights, legal and equitable, both of tbe unit~:c•u SP.C'. ;::, Tbat if any claim or claims lJe submitted to said conrt, it Stqtf's and of said Indians may lJe fully considered and determined sha II determine the ri~hts of thE' parties thet'l'to, notwithstanding lapse antl to render judgment thereon accordingly. of time or s tatutes of limitation, and any payment which may have been made bY the Uniterl States u110n any claim so submitted shall not I am not opposing it. I simply want to call attention to the l.Je ple;1ded a~ an estoppel, but may l.Je plea derl ns n set-off In any snit; fa<"t that it is a little more liberal tllan the other acts of this and the united States shall be allowed crE'dit suhsrquPnt to the date nature that have been pa::;~ed. of any Executive Ol'der, law, treaty, or agrl'ement nndPr which the Mr. WHE}~LEH. The only purpose of that was Rimply to claims arise for· any sum or sums heretofore paid ot· expended for tile ~ive the Court of Claims complete juri~diction to determine benefit of said Indians, including gratuities. everytlling. and to say, us a matter of law nnd a matter of SEc. 4. That if it be determined by the court that the UnitPll Stntes, equity, whether the Inr of the suits herein author­ clnded that · lH'OYision, but not all of them. These Indians ized. the decree of the court shall lJe in full settlenwnt of all damages, claim that there bas b~en some difficulty in getting attorneys if any, committed by the Gonrnment of tl1e Uuited StatPs and shall to take the~e cases on a contingent <- basis where there are annul and cnncel all claim, right, and title of' the said As'-'inil.Joine limited to a fee of $25,000. Indians in and to such mon y or other· property. l\Ir. WILLIAMS. 'l'he Secretary of the Interior in his re­ port, on page 2 of the suvplementul _report on Senate bill 2141, SEC. 5, That upon the final determination or any Rult instit uted under this act, the Court of Claims s hall fl ecree such nmouut or· says : amounts as it may fintl reasonable to be paiU tile attomry Ol' attorneys H eretofore attorners' fees have been llmite1l in bills i.Jy the inclu­ so employed hy said Illdian nation for the set·vices and expenses of s::t id sion of the words "antl in no event to exceed $25,000." attorne:vs rendered or incurred sub>'equent to the date of approval of l\It·. WHEELER. I will say to the Senator from Missouri this act: Provided, That in no case shall tilr a"gregatP. nmounts de­ that I lla>e not any ol>jection myself to limiting the fees. I creed by said Court of Claims for fees be in exce:;s of the amount or do not cure anything- al>ont that, except that I tllinl~ the Senator amounts stipulated in the contract of ern]1loyment, or in excess of a from Oklnllorna [l\Ir. HAnHELD l will hear me out m tho state­ f.lum equal to 10 per cent of tlJC amount of recovery against tllr united ment that some of the1:le lawyers have Htateury out of the funds standing to their crN1it in the Treasmy of Mr. LENROOT. On the other hand, the Senator knows of the rnited States: P1·oridcd, That actual costs necessary to be incmTed some case::; where attorneys have made great fortunes out of l;y the Assiniboine Intlians as r equil· ed hy the rules of court in the ca~cs of this class. pt·osecution of this suit shall be paid ont of the funds of the Af!sini­ i\fr. HARRI Bot thoroughly conBidcred., be­ Indians they found that tllerc was another treaty, that instead cause we went off on tlle question of 'vbctller or not the policy of the one the dcr1artment S1.l~gestell they ought to go back to of the nudg·et Bureau .should be adopted, aud we overlool~ed the treaty of 1851. Nobody has bad a chance to take the:o;e thE. e little details when we got back to tllem. That it.:l tlle real treaties up and ftnd out whjch is tbe proper treaty uncler truth nbout the matter. whiell to bring ~uit, and eonsequeutly the position of the .1\lr. LA l!'OLLBTTE.. Mr. President, as a matter of fact. is Bn-dget Burenu with reference to ·what particular treaty tbc it not true that iu uills of this cllnrncter, where tlle amormt Indian~ Rhould Rue under, it .-f'ems to me, is ah.:; urd. has ueen left to the Court of Claim~, ill almost every im;tancc l\Ir. '\-VILLIAI\1 S. :My point is that, inasmuch ns the pend­ the' eonrt has fixed the maxhmun fe>e provided in the legisla­ ing Lill provides for 1he adjudication of aU claims of -every tion1 In other worus, lla:; not the court goue on tbe theory nature wlHlhloever taHler all treaties, Executive orders, or any. tll.at the Congress, ill fixing a maximum, was in effec-t directing tiling eiRe on which they may have a can:;e of acti0n, the in­ the court to fix that amount? se_rtion of a maximum fee of $25,000, when the partieu.lor act l\ir. HARRFJLD. 1 do not know whnt has been the rule in or service is not :;et out, woul1l not be a proYident pronf'ion. those cases. I tbiok, perhaps, the Senator is right to some I llope tlle Senator will withdraw lli~ amentlment for that extent. 'l'hc diflicnlty h; iu knowing ju::; t what Umit to fix in a reason. partleular l>ill, bec:aul'e we i: the Government and file fee. suits on tho~e claims, u~c the fees in vrosecuting tlloRc snits, Mr. LA. FOLLETTE.. Mr. President, I will say to the Sena­ and after they have dispo~ed of tho::::e suits their employment tor from :i\Iontaua that, as a matter of fact, in the case~ I have wiJl be over. That is one of the thin~.· we are up against in heen able to look up H.ince this matter of fees came up in the trying to fix a $2:3,000 li1:1it or a $50,000 limit. · If we fix a eommittee, I have found thnt in almost all instances-! will say $25,000 limit, ns soon as the fees of the attorneys ·who are in all t'he iusta'Does I have been able t-o run e­ amendments were con<.:urred in. cmvc, as I said, attorneys arc to be employed here for two The bin was ordered to Le eng1·ossed for a third reading, purpose . One is to find out what clnlrus these Indians have 1·ead the third time, and passed. ng·ainst the Government, and the other is to bring suits for CLAIMS OF ll.OW INDIAXS ltHl~ments on tllose rm;pective claims. 'Ve lind 110 information before tl.le committee u.s to how much they expecteu to recover, The bill ( S. 2868) cm)fcrring jurLo;diction upon tile Com·t of nny more than Senators have J1ght here, or how much they Claim!-> to henr, exarui:neJ adjudicate, tl.IHl enter judgment in expected to de\elop in the case. Ho the Senate has as much any elaims whlch the Crow Indians may have .ngain::;t tho light as tbe committee hnd, and I am llerfcctly willing to have Unit-ed Htates, and for oilier purposes, was considered as in it put ou a limit if it wiHlJCs. · Committee of the Whole. '.rbc PHESIDING OFll'ICER. Are tllere further amendments '.rlle !Jill ltad lJeen reported from the Committee on Indian to the bill? .A:f[airA with ame>.ndmcuts, on page l, line 3, after tile word Mr. L~JNROOT. Mr. President, for the purpo. e of ge>tting "nature," to iru;ert the words "including what is known as the the matter to conference, I will J)ropo::;.e an amendment. At the Rlvor Crow claim " ; on line 5, after tile word " triue," to insert bottom .of pnge 4;, line 25, I move to insert : " but in no case the worll tile type of bill which this would be if the objections of States, it being tbe intent of this act to confer uvon " ; on the Interior Department were follo\Yecl as they are set out on page 3, line 7, to strike out the word "Crows " and to in~ert in page 2 of U1e supplemental report; that is to say, that tlle com­ lieu thereof the words" Crow 'l'ribc of Inuians "; online 15. after pensation of com1sel contemplated their employment by the' the word " said.," to in~rt the word " Crow " ; on page 4, line I11dian tribes for a spedfic ~·erviee, ll11d that specific service 7, before the word "agreement," to sh·ike out the word "or"; was to be r ewarded by ·a contiugent fee of 10 per cent, or by a after the word "agr-eement," on line 7, to insert the words fee not to exceed $25,000. 'l'he departure from the plan pro­ "or Executive orucr"; on line 9, after the word "Indians," to posen might have may be referred to tile Court of Claims, with the page G, line 2, aft r the •vordR " StateR," to insert n colon and right to appeal to the Supreme Court. Therefore there is no the words "Prot i€>er nature, indo·dlng claims. The difference between this bill and the bill suggested what is knowB ns the River Cr{) v ela:im, which tl.Je Crow Inrlinn by the Interior Department is this, that if the Interior De­ Nation or •.rril>e or any -branch thereof H1ay have ngnintJt t!Je Unit~d pnrtmcnt"s plan is adopted it will mean that these Indians, Stt~tea which bnYc not heretofore been d~~rmin~u by a rourt of l'Offi· nfter t11ey have brought one sui.t, would be back here again ~tent jorisdietiOi:l may be submitted to the 'Cour-t {)f Claims for (]~ter ­ asking Congress for legislation authorizing them to bring :1!1- mination of the amount, if any, due said Indians from the UJJited 6784 CONGRESSIONAL RECORD-SENATE APHIL 2

State:; unt1er any treaty or agt·ceml('nt or law of Congress, or for the the Unlteu States: P1·ovided, That actual costs necessary to be. in­ mil:!arp:·upriation of any of the propet·ty or funds of said Indians, or curred by tlle Crow lned. e• in their behalf by a committee chosen by them under the direction aiTd . T~1e titLe wm; amended so as to read: "A bill conferring juris­ appro,-al of tile Commi::~ :: iou e t· of Indian Affairs and the S~retary of the Interior. Official le tters, pap0rs, documents, and records, or certi­ diction upon .the Court of Claims to hear, examine, acljuuicatc, fied copies thereof, may be used in eviensation for the death of sum or sums heretofore paid o.r expended for the benelit of sniRup on January lV, 1U2.0. SEC. 4. 'l'ha.t if it be 1letermined by the court that the United States, fn Yiolation of the terms and prO\'lSiOUS of any law, treaty, agreement, l\Ir. HARRIS. n:Ir. J?resident, Ed E~tes was employed in OL' F.xe C: utiYe order, has unlawfully arvropriated or disposed of any Atlauta and was guarclmg a manhole in the street when two money or other property belonging to the Iudinns, or obtained lands Army trucks drivt·n by Army sergeants came along. He tried from tlle Crow Indians for an inadequate conr-d, t!Je decree of the court shall be objection to it. iu full settlem~'ut of all damages, if any, committed by the Government The bill "·us reported to tlle Senate without amcndmfmt of tbe United Stutes and shall annul and cancel all dnim, right, and o!clered to be engrossed for a third read.ing, read the third title of the snid Crow Indians in and to such money or other property. time, and passed. S1·:c. u. T!Jat upon the final determination of any . suit instituted ROC K OllEEK PARK EXTENSION under tllis act the Court of Claims sha ll decree such amount or amountR as it may find reasonable to bP paid the attorney or attornoys Tlle !Jill (H. R. 4785) to enable tho Rock Creek and Potomac so employed Ly !'aid Indian nation for the Set"vices and expenses of Parkway Commls::;ion to complete the acquisition of the land said attor11cys rendered or incurred subsequent to the date of approval a.nthorizecl to he acquired by the public buildings appropria­ of this act: Provitlerl, That in no case shall the aggregate amounts de­ tiOn act, approved March 4, 1013, for the connecting parkway hehveen Rock Creek Park, the Zoological Park, and Potomac need Ly said Court of Claims for f ees be in exce::~s of the amount or nmounts stipulated in the contract of employmP.nt, or iu excess of a Park, was considered. as in Committee of the Whole. sum equal to 10 per cent of the amount of recovery again;,;t the United The !Jill had !Jeen reported fTOm the Committee on the Dis­ StateR. trict of Columbia with an amendment, on page 2, after line 3, SEc. 6. The Court of Claims shall hnve full aut!Jority by proper to str.ike out tile words "there is herel.Jy authorized to be ap­ ore paid by the Secretary of the apvroved March 4, 1913 (Stat. L. vol. 37, p. SSG), for the connecting Treasury out of tl.le funds f)tandlng to their credit in the Treasury of parkway between Rock C1·eck Park! the Zoological Park, and Potomac 19~6 I CONGRESSIONAL R.ECOR.D-SENATE 6785 P nrk, there Is be.rrby authorlzerl to be nppropriated, in audition to · the I DISTRIBUTION OF DANGEROUS ACIDS AND ALKALIES sum authorized !Jy :;aid act of March 4, 1913, the sum of $000,000, . . . . uO prr cent or which shall l.Jc pail! from the surplus revenues of the The bill ( S. 2320) to. safeguard _the d~Rtnbutw? aud sale of District of Columbia ma~"' anet· cent from the Treas- substances m mterstate and foreign commerce "\vas uuuounced C. ougJ C' i:! H, appr?vc r 1>ruA.ry -, 1 · - ill was called l\fr. KING. Are we not proceeding under the five-minute up a few weeki:! ago during my absence, and was pa~sed in a rule? form which had not beeu contemplated when the mea::mre was 1\fr. 1\?ATSON. Yes; bnt has the Senator read the hill? :tir:t called to the attention of the Committee on the District of l\fr. KING. I never saw the l>ill uutil a few minuteR ago, Columbia. That is to say, it waH provided that thi~ at)propria- and the :::;enntor knows that it is impo~sible to properly con­ tion of $GOO,OOO be authorized to he paid out of tlle surplus ~ider measures when we are passing them witb such rapidity. fnnd:;; of the District of Columbia, notwithstanding the fact 'l'he PRESIDENT pro tempore. Does the Senator desire that tltat when tbe request was made by the chairman of the Park the bill be pas::;ed over? CommiHsion for the appro>al of an act to cn.able them to pur- Mr. KING. I shall not a~k that the bill be passed over if chase property de~ircd in the Rock Creek section. It wnl:l ~:>tatecl the Senator will explain it. If he desires to explain it, I shall that such appropdation would not be in coufiict v'lith the finan- be very happy to have him do so. cial l)Olicy of tl1e admini:.;tratiou. 'l.'he bill, however, wllich \Ye Mr. w· AT~ON. Just a rending of the report will convince have !Jefore us, instead of being Senate bill l..Jo29, i11troduced by tl:Je Senator of the necessity, or at all events, of the desirability, the Senator from Kansas Ll\Ir. CAPPER], the chairman of the of pa~sing this measure. It is simply a proposition to label Committee on the DiHtl'ict of Columbia, is the bill which camo as "poison" the ordinary lye that is used on floors in all the from the House, and that l>ill provides that $GOO.OOO be paid homes of the C'ountry. The evidence shows that the oruinary out o:f the surplus funds of the District of Columbia. lye that is used on the floors in the homes of the country is I have heretofore at some length explained my r<:'a~ons for sold at practically all grocery ~:>tores. A can or bottle of it is believing that that would be unfair. The earlier appropria- left out and a child gets hold of it, puts it in its mouth, and tions for the contiguou territory for the establishment of this it results in a stricture of the esophagus. There were brought park, which is really a national jw;tirution rather than a local before the committee pictures of many children who "·ere one, were paid 50-50 out of the fumls of the Federal GoYern- found in that condition and who were treated for the difficulty. went and the District of Columbia. The Senator from New York [Ur. CoPELA~n] is perfectly I requested that the bill be r ecalled from the Hom;c. It was familiar with the whole situation and was present when the again referred to the Committee on the District of Columl>ia, hearings were held. and at a very full attendance of that committee the matter was I will state that the proposed legislation is approyed by the discussed at length and the decil:liou was unanimous that the American Public Health Association, the American Child money should be 11ro>lded 50-00; that is, one half out of the Health AsHociation, the American 1\Iedical Association, and by Fecleral Treasury and the r emai~ing half out of the District tJte American ' Vholesale Grocers' Association. The interest of of Columbia funds. · the latter organization in the bill is due to the fact that lye 1\Ir. KING. Mr. President, will the Senator yield? and similar substances are sold in all the retail grocery stores. 1\:Ir. PHIPPS. I yield. The National As..:ociation of Retail Druggists is also in hearty Mr. KING. I was in attendance at the earlier part of the sympathy with the propoRed legislation. . session, to which the Senator refers. I got the impre~ s iou from 1\Ir. KING. 1\Ir. Presiuent, will the Senator permit an in- what was said, perhaps l>efore the Senator came in, or subse- quiry? quently, that there was a diHposition to have the Government Mr. WATSON. Certainly. pay a portion of it, but my nnder::;tandiug was that it wns to M:r. KING. The Stutes have doubtless passed upon the mat- be paid in the same 11roportion in which the Governme-nt now ter in some form. 'Vby do tlley not enact the ne<.:essary legis­ meets the expenditures of the Dh;trict, namely, on a bas.,i::; of lation? G0-40. Mr. WATSON. Perhaps a dozen States ha>e enacted legis- l\-Ir. PHIPPS. That was di~cussed at some length at a RUb- lation, but there are many of the States that haye not done so. sequent meeting, when I believe the Senator was prevented There it:~ where most of the difficulty occurs and there is where from attending, and it was not only the consensu:-; of opinion, the children are poisoneu. In response to 1,448 questionnaires but the unanimous belief of the members prese)tt, that the bill seut out to phy:-;icians, it was learned that at one time there shoulu be amended to provide for payment 50-GU. The bill will were 400 case~ of this kiud unuer treatment at once. I s there huve to go to conference if this amendment prevails. any reason in the world why the word "poison" should not l\1r. KING. I shall not object to the pas~age of the bill, nor he put on the label? That is all the bill pro,ides. ::\lany of shall I offer an amendment to t'he amendment, but my opinion the manufacturers do put tho word "poison" on the label is that the diYision ought to be the same us tl:Je tliYi ::;ion which aud put it on the bottle in legible characterfl. Some do not uo is made with respect to e:xpendituret:~ of the Di::striet. If the so. I s there any reason why they should not be compelled to Goverument pays 50 per cent and tlle District 50 per eent, then do it in onler to protect child life and in order to P\lt all of the ame ratio should !Je obsern~d in this apvropriation. them in tbe market on equal terms? 1\Ir. PHIPPS. "\-Vhen the tract of lnnd was ag1·eed upon as Mr. KING. Undoubtedly the object of the measure is a l>eing desirable for park purpoHes, the estimate mude was for proper one; but the difticulty is that we are coming to the Fed­ $1,350,000 to acquire all, and at tllat time the ruouey was to eral Governmeut constantly for the purpose of creating more be pro>ided by the District ami the Federal Government on a penal statutes and conferring upon yarious bureaus and petty 50-50 basis, anu I think some $G50,000 hayc been provided on officials of the Government power to pre cribe regulations wl:Jicll that basis. have the effect of penal stah1tes. I think the States are always Mr. KING. All I ran say is that I think the ratio here is responsive when their attention is brought to an evil anu that wrong, and I hope that when t11e bill goes to conference a they enact legislation which will meet any condition sucll a::~ different ratio will he adopted. I made an examination, with that inernrueut anu the proportion to bo paid by the Mr. Sl\liTH. May I ask the ('llairman of the committee if District. the measure does not Rimply expand tl:Je pure food · act? The PRESIDENT pro tempore. I s there further amend- 1\Ir. WATSON. 'l'bat i::; all there is to it. ment to !Je proposed'/ If not, the bill will be reporled to the 1\Ir. SMITH. It does not add anything. I do not know of 'S enate. any measure which has come hefore the committee that bas The bill was reported to the Sennte as amended, and the more merit in it than this, as testified by men who are thor- amendment was concurred in. oughly competent to give information. I hope the bill will 'l'he amendment was ordered to be engrossed aud the bill to pass. be read a third time. . Mr.. COPELA~D. 1\fr. President, I am sure this is a lm- Tlle bill was read the third time ancl passed. manltarian ~ensure which must appeal to e>ery Senator. 'l.'he 6786 CONGRESSIONAL RECORD-SENATE APRIL 2 1 number of accidents of this sort is terrifying, n.nd the reason (b) The term "mlsbran(1ed parcel, pnckage, or container " ID<'ans a for the passage of the bill is so apparent that I am sure there retall parcel, package, or container of any dangerous caustic or cor­ ,,....m b~ no objection to it. rosive substance not bearing a conspicuous, easily legible label or Mr. WADSWORTH. :Mr. Presluent, mny I ask my collerig11e sticker, containing- a question? (!) The common name of the substance; Mr. COPEI,AND. Certainly. (2) The name and place or business of the manufacturer, pacltcr, 1\lr. WADSWORTH. I ask for information. Has the Gov­ seller, or dis tributor; ernment a11y jurisdiction, or has it taken jurisdiction, of trade (8) The woru "pol.:on," running parallel with the main body of in interstate commerce in medicines which might be poisonous? reading matter on tb~ label or sticker, on a clear, plain bacl{gronnu Mr. COPELAND. Yes; it has dono so. of a distinctly contrasting color, in uncondensed ~othic capital letters, 1\1r. WADS WORTH. Under whose jurisdiction is it or the letters to be not less than 24-point size, nu1(;SS there is on t!Je laucl under what department? or sticker no other tn>e so large, in which event the type shall be not 1\lr. COPELAI\TU. It comes under the pure food anu drug smaller than the largest type on the label or sticker ; and act in the Agricult~al D epartment. (4) Directions for treatme-nt in case of nccideutal personal injury by Mr. WADSWORTH. Under the branding provision? any dangerous caustic or corroHive sul>~>tnncc, except 1llat SllCh direc­ Mr. COPELAND. Yes. This is simply an extension of that tions need not appenr on labels or stickers, on par·cels, packages same provision of the law. or containers at the tlme of shipment or of delivery for shipment by There ueing no objection, the bill was consi<.lereu as in Com­ manufacturet·s and wholesalC'rs for other than llousellolu u!le. mittee of the "\'·bole. (c) The term "interstate or foreign commPrce" means commerce The bill had been reported from tl10 Committee on Interstate between any State, U'erritory, or posseRI'lion, or the District of Co­ Commerce with amendmP.. nts, on page 1, line 3, to strike ont the lumbia, and any place outside thereof; or bntween points within the words "allml.i acid act of 1926 '' and Insert in lieu fllereof !lnme State, TelTitory, or possesHion, or the District of Columl>ia, but " poh;on net '' ; on page '4, in lino 11, after the word " sub­ through any plnco outs lCi e then•of, or within any Territory or posses­ stnnce, ' to insert "except that such ciirf'ctions need not app~nr sion, or the District of Columbia. on labels or stickers, on parcels, packages, or containers at the (d) Thi::; act is not to be construed as modifying or limiting in auy time of shipment or of dElivery for Rh ipment by mmmfacturers wny the right of any perS

(c) To any dealet· when be can establi ·h a guaranty ~tgncd hy the Pr.OH!IIJTION .AG.-I.IXS'l' MISB.RAXDJo:D SHirllE 'TS wholesalrr, joul>~r. manufacturer, or other party residing in the T nite1l States, from whor.l he purchases suc:!l articles, to the effect that the Sv.c. H. No pel"son sltnll ship "or deliver for shipment in interstate or foreip-n commerce or receive from sl.Jipmcnt in such commerce auy article ls not misbranded wit.hin the mclUlin~ of this act. This guor­ dangcrouto: caustic or corrosive Rul>slauce for sale or €'XChange, or sell anty, to afford protection, s:Uall CQntaln the name and ocn­ or in tbe District of Columbia, in a m.isi.Jrandcd IJarcel, package, or contaiiJl'r suita1Jlc for household nse; except that tho precel.llng pro­ tions, fines, a ml ot!Jer pcnalilcs which would u ttach, in due cour~e. to the dealer under the provisions of this act.. visions of tbis sectlon shall 11ot npply- ( 11) To a..ny rc~ul:trly cstaiJlishcu common carrier sbtpplng or de­ And on page 7, line 2, after the word "jm:iR(licti.on," to insert livering fur shipn1c.a t, or rcct>ivlng from shipment, any snell sniJstancc " ·auu tbe court may require the pnrchat-'f'r at any "nell ~ale in l he oruinary courtd for shipmcu t, or rccclvr•tl fl'Om shipment, for export to any "consign€'e," to ins€'rt the woro!i "or lahPIE'd hy llim HO n:-; to foreign country, in a parcel, J}llckuge, or container brauc.lel.l in accortl­ confoi·m to the law," so as to make the lJill rna.d: ance with the spe<"iflcatlons of a foreign purchaser and iu accon]ance Be it enacted, etc., That this act may be clte1l as the Federal ~a.ustic witll the laws of the foreign country, poison act. (c) 'fo any uf'alcr wlten be can estal.Jlisb 1\ guaranty slgneu by -the DEF'TXJTJON S wholcR:llN, jol>ber, munufacturer, or otller purty resil.ling in the UnH t1 SEc. 2. As usN] in this net, 'Unless tlJe context otherwise rN}Hlrcs­ Statc>s, from whom hP .purchases snell ortlclcs, to the efi'ect that the (a) The term "dangerous cunstic or conosive sulli;tunce" means: m·ticlc Is 110t mi,.;brantlrd within the m P.a ning of this act. Tbls guar­ (1) Hydrochloric acid nncl any prPpnrntion cont!llnin:; free or clJeml- vnty, to aiYonl protection, ~ball contain ui'c name and adparatlon containing fret' or cl1eml­ tions, fines, and othPr pennltlcs which would attach, In due course, cally unneutralized sulphuric acid tH~S04 ) in a concentration of to tllc dc>aler UtHiet· the provisions of this act. 10 per cent or more; J,JBEC J..'OR CONDIU!NA'l'IO~ l'aOC.F.l'lDrNOS (3) Nitric acid or any prC'paration contalnlng f1·ee or chemlrally (a) n nnnc-ut"l"alize u nitl:ic acid (DNOa) in a conccntmtlon of 5 p~r· cent or SEC. 4. Any dangerous caustic or corrosive sul>stnnce in mis­ more; hrand( ~ tl pa.reel, packagP, or container suituule for household use fibu.Jl (4) Carbolic acid (CoH60H) , otherwise lmown as phenol, :mu any I.Je 1iallle to l·e pl'"OCP.eel for conuemnution, if (5) Oxalic acid and any preparation containing free or cl1cmicnlly snell ~ulJHtance is beiug- unncutralized oxalic add (JI!!C::O,. ) in a concentmtion of 10 per cent (1) S1JippP1l i11 intt•rstat~ or forPlgn commerce, or or more; (2) Ilcld for flnlc or cxchauge after hn·vin(T l>ccn so shippNl, or (G) Any salt of oxalic acid anll any · preparation containing any (3) Belli for sale or exi.'!Junge in any Territory or possession or in such salt in a concentration of 10 per cent or more; the Dh;,t l"ict of Colnml>ia. (7) Acetic achl or any preparation containing free or chemically (b) If tmcb substnnce iA condemnPc pnid into the Treasury as miscC'll.nneous receipts. •'ucb sub­ or more by weight of avaHable chlorine, exclul.ling calx clllorinuta, -Rtnnce shall not be Rold in nny jurisdiction contrary to the provil'lions bleaching powder, and chloride of lime; ·of this act or the laws of such jurisdiction, and the court may rc>Qnlre (9) Potassium hydroxide and any prepa.ration containing free or the -purchnsrr at any such sn.le to lauel such snb::Jtancc in comvlhtnco chemically unncutrnl1zed potassium .hydroxide {KOH), including caus­ with law ucforc th() delivery thereof. tic potash" and Vienna paste, in a concentration o! 10 per cent or (3) Dy delivery to the owner thereof npon the pnym<'nt of lrhnl more; costs and charges nnrl execution anu dPlivery of a goou antl sufficirnt {10) Sodium hydroxide and any preparatlou containing free or bond to the effect that such substance will not ue sold or otbenvhm chemically unneutralizcd sodium hydroxUle {NaOH), including caustic disposed of In any jurisdiction contrary to the 11rovlsions of this net soda and lye, in a concentration of 10 per cent or more 1 or tho laws of such juri~:;diction. (11) Silver nitrate, sometimes known as lunar caustic, and any (c) Proceelllngs In, such libel cases shall conform, ns nca11ly as may preparation containing s1lver nitrate (.AgNOa) in a concentration of be, to suits 1n rem in admiralty, except that cltller pnrty may dcmanll i> per cent or more; and trial by jury on any issuo of fact if the value in contro-versy exceeds (12) . .Ammonia water and any preparation co~ta.in1n¥ r:ee or chcml­ $20. In case of a jury trial the verdict ot the jury shall have tile same ·ca1ly uncombined ammonia (Nils), including ammonium hydroxide and effect as n f!mling of the court upon the fnctR. All such procecillngs " hartshorn," in a concentration of 0 per cent or more. shall be at the suit and I.n the name of tho United States. ' 1926 CONGRESSIONAL RECORD-SEN1\._TE 6787

J::XCLUSTOX Or MT~DI:AXDED nrrOnTS • (3) Subject to the ch·ll sen·iee lnws to nppoint and, in accordance SEC. 5. (n) Whet; ever in the case of anr dangerous caustic or with the classification act of 19:.!3, to fix tile salaries of such officer!'! corrosi\•c substance l>eing ofl'<'rcd for importation tile Secretary of and employees ns may lJe required fo1· the execution of the functions .Ag-riculture has reason to lJelicvc that such suhstance is being shippetl of the Secretary of .Agriculture under thls act ant.l as may lJe providet.l in iutcJ·state or foreig-n commerce in violation of section 3, he shall for I.Jy the Congress from time to time. give uuc notice and oppor·tnnity for hearing thereon to the owner or ( 4) To make such expenditures (including expenultures for pcrRonal con:--:ig'llCI' and certify such fact to the Secretary of the Treasury, who ser•icf's and rent at the scat of government and elsewhere, and for shall t hereupon (1) refu~e admission and delivery to the consignee of law lJookR, books of reference, untl periodicals) as may be required for such sulJ;:,tance, or (2) deliver such sulJRtance to the consignee llCDdJng the execution o_f the functions vested in the Sr.cretary of .Agriculture t'Xaulinntion, h!'aring-, and deci·ion in tbc matter, on the execution by this act and as may be provided for by the Congress from time to of n p<'nnl bond to the amount of tlte full invoice vHlne of such sul>­ time. stanec, together witil the duty then•on, if any, anu to tbc effect that (G) To g.ive notice, by publication in such manner as the Secretary on rl'fus:tl to r eturn sucil substunce for any cause to the RE'cretary of of .A griculture may by regulation prescribe, of the judgment of tile the Tremmry when demanueu, for the purpose of excluding it from court in any case under the pro>ision of this act. the country or for any othc1· purpose, the consiguce shall forfeit the SEPARAU~T.ITY CLAUSEJ full amount of tlle bond. SF.c. 10. If any provil'lion of this act is declared unconstitutional, (b) lf. after l1I"OCP etling in 1\Ctordance with sulJ!l!Vhdou (a), the or the appllcability thereof to any pe1·son or circumstance is held Recretary of Agriculture is satisfied that such snl>stance l>ring oft'ercd invaliu, the con::;tltulionallty of the remainder of the act aud tbe fot· importation was shipped in inter::;tnte or foreign commerce in vio­ applicability thereof to other persons and circumstances shall not be lation of any provi:-don of this act, he shall certify the fact to the affected thereby. • Secretary of the Trea:>ury, who shall therE'U!10D notify the owner or ~·nrE OF TAK £~0 EFFECT consiguee antl cause the ~ale or other disposition of such suiJstance refused admission and delivery or entered under bond, unless it is ex­ SF.c. ll. This act shall tnke effect upon its passage; but no penalty ported by the owner or consignee o1· labeled lJy hirh so as to conform or condemnation shall be enforced for any violation of the act oc­ to the Jaw within three months fr·om the date of such notice, under cut-ring within six months after its passJ.ge. such regulations as the Secretary of the Tt·easury may prescribe. .All APPLICA'l'IOX '£0 EXII:lTI:-<"0 LAW charg-es for storage, cnrtage, or lubor on 11ny such substance refused SEC. 12. The provisions of this act Ahall be helt.l to lJe ln addition admission or deli>ery or enterr.tl upon bontl shall l>e 11nid by the owner to and not in substitution for tbe provisions of the following acts: or con~lgnee. In default of such payment such charges Rhall con­ (a) The food and d1·ugs act, approved June 30, 1006, as amended. stitutr a lien against any future importations matlc by such owner (lJ) The insecticide act of 1010, as amended. or consignee. (c) Tbe act entitled "An act to regulate the practice of pharmacy ImMOVAL OF LABELS and the sale of poisons in the District of Columbia, and for other SF.C. G. No 11erson sl•all alter, mutilate, destroy, obliterate, or remove purposes," approveu l\£ay 7, 1006, as amended. any lai.Jel or sUcker required !Jy this act to be placed ou any dangerous Tile amendments w-ere agreed to. caustic or cono~ive su!Jstance, if such sulJstance is being- The uill was reportC'd to the l:)enate as amended, and the (a) Shivped in interstate or foreign commerce; or amendments were concurred in. (lJ) Held for sale or exchang-e after having IJeen so ship11ed; or The !Jill was ordered to ue engrossed for a third reading, read (c) Helu for Rale or exchange in any •rerritory or pos:>ession or by the tllird time, and passed. the District of Columbia. BILLS PASSED 0"\'F..R PENALTIES The Uill ( R. 3227) to authorize the Secretary of the Navy SEC. 7 . .Any person v.iolnting any provision or sections 3 or G shall to dispol-:le of Hand and gravel from the naval ammunition depot upon conviction thereof lJc punished by a flue of not more than $!!00, reservation at Hingham, MasR., was announced as next in order. or imprisonmCJ;t for not more than 00 days, or by both. 1\lr. BUTLER Mr. Pre:;;ident, on account of some misunder­ INSTITUTION OF LIBEL FOR CO::-ia p1·esents satisfactory eviuence of any such violation, to approved November 7, 1Dl8; to amend section 5136 as amended, cause liiJel for condemnation and criminal proceedings under sections section 51B7, section 5138 as amended, section 5142, section 4 and 7 to be commenced anu prosecuted in the proper courts of the 5150, section 5155, section GH>O. section 5200 as amendf', section 13 . ..,ec tion 22, and section 24 of the SEC. 9. (a) Except as. otherwise specifically provided in this act, Federal re~erve act, ·and for other purvoses, was announced a::l tl..tc Secretary of .Agriculture shall enforce its provisious. next in order. l\Ir. (b) For enforcing the provisions of sections 4, 5, and 7, the Secre­ KING. Let the hill go over. tary of Agriculture may cause investigations, inspections, analyses, anu The PRESIDENT pro tempore. The bill will be passed over. tests to be made and samples to be collected, of any dangerous caustic EDGAR K. MILLER or corrosive sub ·tance. The Department of Agriculture shall pay to The hill ( S. 2817) for tlw relief of Edgar K. :i\Iiller, was con­ the perE~on entitled, upon his request, the reasonable market vulue of sidered as in Committee of the 'Vhole, and was read, as follows : any such sample taken. If it appears from the inspection, analysis, or R e it enacted, etc., 'l'hat the Comptroller General of the United test of any dangerous cauRtic or corrosive substance that such sub­ States he, nnd he herC' by iR, authorized and directed to pass and allow mislJranu~d stance is .in a paclis, or test. time, and passed. (c) For the enforcement of his functions under tl..tis act the Secre­ ROAD FBO~I TUCSON TO .A.JO, ARIZ. tary of Agriculture is authorized- The bill ( S. 3122) for the completion of the road from (1) To prescribe and promulgate such regulations as may be neces­ Tucson to Ajo \ill Indian Oasis, Ariz., was considered as in sary. Committee of the 'Vhole. (!!) To cooperate with any department or ngcncy of the Govern­ 1\Ir. KING. l\lr. Pre~;ident, will the Senator from Arizona ment, with any State, 'l'err.ltory, or JlOSsession, or with the District explain the bill? of Columbia, or with any deiJartment, agency, or political subll.iYil:lion 1\Ir. ASHURST. Mr. President, this bill authorizes an ap­ thereof, or with any person. propriation of $125,000 to construct a road across the Papago 6788 CONGRESSIONAL RECORD-SENATE. APRIL 2 Inl'al Government inchHled into an Indian reservation about T11e blU was ordered to be engrossed for a third reading, read 2,000,000 acres of land 1ying between those two towns. They the tbird time, and passed. are 125 miles apart. If one wishes to go by auto from the TRUCKEE-CARSON IRRIGATION DISTRICT, :NEVADA. city of TUcl'on to the im~ortant mining town of Ajo, he is olJllged to c:ro::; · the re-ser>ation or g;o into Old Mexico or to The bill ( S. 7). to reimburse the Truckee-Carson irrigaticm des<·ribe an immense arc of many miles throngh tbe country distl'ict,. State of Nevada, for certain expenditures for tbe op­ to the north of both Tucson and .Ajo. The State of Arizona eration and maintenance of drainR for lands within the Pafute huilt a ~:oad np to the rese1'Vation on both Hides. The Depat·t­ Indian Rc~ervation, Nev., was considered as in Committee of ment of the Interior thinks it right, fair, and equitable that tbe- ·whole and was read, as follows : the. Federal Government, having set aruut nearly n.ll of Pima Be it- enacted, etc., That t here is hereby autborlzetl to be nppropri· County as an Indian reservation, ::;houlcl lJuilu tbe road llirough a.ted, out o.f any mon.ey in the Treasury not otberwL"e appropriated, tbe reservation. the liUm of ~6ll.fi5, or so much thPt·eof as may lle necesctuy, to rl'im­ I will read from the revort of the Secretary of tbe Iutcrior: hurKe the Truckee-Carson irrif;atiou dist.vi<:t, State of NP.\lada, for Tucson, with nn estJmateu- pop.1tlation of ~'G,7:!:{, is the county scat o! nec e::~sary ex11enuitures incurred and to IJc incurred lly suiu district l!)Q.J 1!):.!!) rima Count~·. wllic!1 hul:l nn estimated population of 41,:200_ Ajo il:l dnrin~; tile y('ars awl in operatJ11g and mainta.ining il·riga­ lot•ated ahout l:?G miles Klightly northwe:-~t of Tucson an!l has an don Cr<'tary of. the Intecior iTh a.ccordn.nce with provisions tbo '1"T1e Papago Indian He::Puva t ion lies lletwcen Tnc~on and Ajo and ot extends from the Mexicnn lJOundary to the· nortilen1 edge of Pima law applicable· to the Indhut lnndt~ llen(>tited_ Co11nty, cxcrept a small strip to thC' north which h; the only way of The bill was reported to the Senate withont amen(lment, crmssin;:; the county outsicle the re.·et·vation. This nor~hl'rn ronte, bow­ onlcr~.::d to be eugr os~e d for a tlhird readl11g, read the tbird time, eYct·, is lmpracticalllc, owing- to the extremely rungh nature of tho all(l pas:sed. . country and tlJe great. distance involvPci. 'l'b' Indian poonlation of thP. LANDS J MORONGO INDIAN RESERVA'JliON rese~:v.ation il:l a.pproxlma tf'ly 4,7:n. T he Imlinns do tl.Jc ir tracling at Tnc:son aml Ajo, wltere thPy find a ready market for unytl1ing tbcy The bill ·t H. 2702) to provide for the setting apart of certain lands in the State of California as an addition to the :Morongo bave to selL l'tulet· p1·e~nt eouclitions it is R]mol-!t impu:-t, owing- to tl~e poor condHioll of HJc north half of tbe sout!Jw.,~t quartf'r of section 16, the southeast quarter roau whiclJ in ph!Cf'S is really li ttle more than a trail. A large numlwr of I'Pctiou J !l, a.nd t lle no1·th half of t.he :iuutllwest quarter of !>ection of the Im~inn s find work Mt Loth T ncsun and Ajo, especially th{) latter :.!!), in town>"h ip :.! ::~outh, range ~ EHISt of Snn Bernardino meJJiiliun anu plat:e in 1!he copp r minPs, whPrc they ean1 rf'muneradvc wageH. Raicl Janel:; arc hPrcby set apart ns a rcHervation for tlte use of ll.Jo From the st::1ndpoint of the cummtlJtity J(cncrnlly it is stated that lntliant-~ of til\' :\Iorong-o Indian Re~o~P.t'vat.1on, the same to be added· to t!Jis· is one of th.-, tno::~t importaut and' necePs:try J'OHtls in I'ima Couuty and Let·ome a p11rt of that rCd<'rva tion. and that eYentnally it wlll form a link In the tran.·continental highway Th~ bill wa.s r0ported to the Semtte without amendment, to Ca:lifornin. orvclopecl thnt the PARK .Al\D PLAYGHOUND SYSTE~I OF THE NATIONAL CAPITAL road is not a pux:t of tlle StUEt!'S appro"''ed 7 per cent syl-!t~m all!l can 1 not be added thereto under pn~ ReHt conllitious; hence it is not f'ligiiJie Tbe hill (II. R. 8830) runendlug tbe act entitled ' .An ad for Federal aid under the highway act. providing. for a <:ompreheuHive developnwnt of the park anll lt'or the rea. oos SPt forth alJoYe and O\Ying to thn great neE>cl of this vlaygrouud sy~tem of the National Cavitat," apvrovee to the United Stutes." "<.'omml::;t::ion," to r-;triJm out the words '' and it sltall be the 11. H. 81320 is Identical with S. 31!22. A similar report haR been maue duty of each member of the corumisRion to adhere in ptinciple on H. It. l:i::i:!O, which tbe Director of tlte Bureau. of the Budget arlvise::l to tbc official viau of the connnisHion." and iuse:r:t in lien is not in conflict with t11e Prcsiucnt's financial program. thereof. the words " when rC'ques tcd,?' so al:! to make the uill Very truly yours, read: liUBEHT WORK. no it enacted, etc., That sect:lon 1 of tho act approved .rune G, 1024, entitled "..in net proviuing for a comprehen~:~ive ll<'velopment ot tlle 'rhe lJill bad been reported from the Committee on Inely, a Senator and a Representative elect to account of payments for which credit is authorized in this art, an1l the succeeding Congress to Aerve as members of this commission until any amounts heretoCore collected on account of such payments shall ue the cbnirnl<'n of the committees of the succeeding Congress shall be i'efunded to the payee: Pt·ol-'idcd fur ther, That in determining wllet!Jer chosen. The Director of Pu!Jlic Uuildings nnd Public Parks of the sucll payments were obtained by ft·aud on tlle part of tile payee neither National Capital shall be executi>e aneloping, and maintaining a comprehensive, consistent, anu a husband 01~ of other cbiltlren than such payee, nor nny combination coordin:1ted plan for tlle National Citpital and its envil:ons, which plan of such conditions, shall be held to etrect the status under sections 4, shnll include recommendations to tlle proper executive authorities as u, and 6 of the act of June 10, Hl~2. of a mother otherwise dependent; to traffic and trnn~vortation ; pints an of the functions, powers, and duties conferred and imposed upon said the Army, Navy, :Marine Corps, Coast Guard.. Coast and Geo­ Highway Commiss~on by law are hereby transferred to and conferred detic Survey, and Public Health Service, which was read, as unrl imposed upon t11e National Capital Park and Planning Commi Hion follows: het·cby constituted, and all records of snid Highway Commission are Be it enncted, etc., That hereafter tile retired pay · of the officers and hereby transferred to saitl National Capital Park and Planning Com­ warrunt officer;; or the Army, Navy, Marino Corps, Coast Guard, Coast mission. and Geodetic Survey, and Public H ealth Service, who were retired on or "(d) All antbority, powerfl, and tlutics confcrt·ed and imposed by law I.Jefore June no. 1{)~2. shall not be less than that provid.ed for the on the National Capital Pnrk Commisaif)n shall hereafter be held, ex­ officers and warrant oflicrrR of these services of equnl rank a ud length ercised, and performed by the National Capital Pat'k and Planning of sCI"'\icc retired subsequent to that date; Prov-ided, That nothiu~ in CommiHsion hereby constituteu. All appropriatiom:; heretofore made for this act shall operl!t~ to reduce the pay of any officer or warrant otllcer ex:penditm·e by the National Capital Pat·k Commission are hereuy made now on the retired list. n. vo ila.l.Jie for the use of the commission hereby constituted. SJJ:C. 2. That all acts or parts of acts inconsistent with this act are Tile amendments were agreed to. hereby repealed. ThE' bill was reported to the Senate as amen Coast Guard. I nm quite certain he 1027 carries an appropriation of $660,000 for cooperation he­ is tlle only ofiker in the Coa:-;t Gnurgh;lation identicully l':imilar bill has been passed by the Senate upon a whi<:ll her<>tofore has been ena<:ted. previous occaRion. Mr. JOHNSON. i\lr. President, this particular measure was ~t:r. WILLI.AMH. I ~houlll fegua ru tions sought by the bill. endangered agricultural and municipal interests and to protect I reeognize, I want to say with perfect frankness, the P.c uring th(~ Hnclg-et. the regularity of wnter flow essential to the runlntenunce of municipali­ Mr. KING. Mr. President, will the Senator from Cn1ifornia ties and ngricultural intereRts, the Secretary of Agriculture is nnthor­ yielement, anti mnint0nance of fire brea!ls, trail~. to the United States? I 11111 not familiar with the hi11 and I telephone lines, lookout station , and other works, Improvements, and am asking the C]uestion for information. structureR n ece!'lt~ary to detect fire~. aid in their control and suppres­ l\lr. JOHNRON. We are dealing snbstantin1ly with tho sion, or retluce their number or menace. whole a rea tbn t belongs to the United State:-:. ont of which, SEC. 2. To carry out the purpos!'s of this act there Is authorized to too, the Unitetl States is deriving 11 profit that i:-: consttllltly be approprlntetl out of any moneys in the Treasury not otherwise ap­ in creaR in~ . propriated : Mr. KING. I l1ope the Senator will not r each the <'on(']n~ion. For the fiscal yl:'nr £>nulng June 30, 1027, the sum of $200,000; for that I um opposing the bill-- the fiRcal year ending .T unc aO, 1028, the sum of $~00,000; for the fi~>cal :i\Ir. JOHNSON. No. yenr enuing June :::o, 1920, the sum of $200,000; for the fiscal rear end­ :Mr. KING. Because I am familinr -nith Ro me of the terri­ Ing June ~0, 1930, the sum of $200.000; and fot· the fiscal year endin.<; June RO, Hl31, the sum of $200,000, to he available until expf'nt1ct1: tory, nnfore any money shall i.Je expendeu on any jury. But tile ]Joint I am making i f4 that we 1m~ sed nn UIJPI'O­ project under tllis act, except fot· preliminary iuvestigation, the co­ priation a short tlme ago which I supposed deult with the operators shall have cntereu into an agreement to bear not less tllnn entire subject, nnd I wns wondering if it was to be the }1o1icy half the cost of said project. now io take the~e matter s up in n segregated form or in the comprehenRive way contemplated by the general act. ~Ir. KING. l\Ir. Prel'lident, I will ask the Seuator from :i\!r. JOHNSON. I am unable to amnver ns to what mny be Oregon, who has given a g-reat deal of attention to our foreRt ultimately the genPral policy, but the policy in this in ~tance legislation, to explai.n why this special legislation iR e expended str~ams in the vario-~1s States. If. the ~ov e rnment owns lands under tlw provisinn::; of section 7 of the act of Ma rch 1 11)11 of Its own, then a ut the power to entitle(} "An act to enable any State to cooperate with any regulate commerce, und\ r my construction o~ the Uon:stitu t ~on, other ~ t a te or States, or with the United States, for the protec- docs .not,'Yanant the policy th.at the Senator 1s now ndvocating. tion of the vmtersllcds of navigable streams, and to appoint a :l\Ir.. ~1cNARY . .1!! 1"· Prcsiy those '"ho have given study to the question of re- My bl~ l prondef~, hke this bill, for l>~png other lands. It fore;tatlon anlc was clecidc.d n.namrno~;ly b! the committee that that would streams by acquiring large areas in the watersheds that this be unconstltutwnal. llle bill l~nown as. t.he ·weeks Act was policy of the Goycrmnent could be extended anu am11 ufi.ed · finally ndoptc(l as a compromtse, provulmg that we could and hence a 10-year program has been wor ked out by the l!'orest l>u(' lan~l to Pl:~tect the heay the de­ which are to be expended i-n ench of the first fiv-e years and p,trtment a::; rneanmg that "e ha-ve the nght to buy land any-

$5,000,000 in each of the succeeding five years. Under that ex- "·here- T 11cnditure there "·ould be acquired va~t areas of foreHts and Mr. Mc~~RY. :rr-~ot ~t .an. . . . of eut-ovcr and denuded lands in the ,vatersllcds of the r; treams ~lr . ~n E~l\~AN · W h1ch I think IS unconstltubonal, and of the South, the Great Lakes StateR, and the New England wrong m prmciple. -States. 'l'he expenditure of th'e $40,000,000 wouluy cut-over lands, and in the resolution I will say to my friend from Utal! that it doc~ not apply to It wns stated to ue for the purpose of reforestation. The Sena­ thc western section of the country at all. Most of the GoY- tor from Ore~on haut that is what hns been ermnent's forest lands are in the West in the Intermountain done, and that is what they arc doing; and that is what Con­ States and tl.Je Pacific States. ~'he 1An only a 11plies to the gress . o~ght to R.top, or they will go ahead and huve a great eut-over lands, the forested areas in the waterslley the States; so tl!at this tution we have no power to do it. In the Gettysburg case the menn~ that the Federal GoYcrnment becomes the proprietor; I Supreme Court of tile Uniteil States decided that we could uuy that it l>uys land in the States for the purpose, a.s the Senator 1 that land for the purpose of burying soldiers under the war ~ays, of protectin~ the watersheds. May I inquire why the power, but further than that we could not go. That is the States themselves are not interested in theso matters? Why decision upon which the Honse rested their report. Therefore, slwnld the Federal Government embark upon tll.is policy? 1\fr. President, the Senator and I are agreed on this subject, l\1r. McNARY. A great many of these streams-indeed, but I think his bill needs an amendment to stop this purchal"dng most of them-are interstate. There aro very few streams of land gc::1erally, anywhere and everywhere in the United whose watershey the Goyernment that do not run tl1rough two or streams. more States. Consequently, it has been tbe policy of tl1e Gov- Vlould the Senator be willing to let the bill go over and let ernment to protect the navigability of such streams l>;y a.cquir- me prepare an amendment and see if we can not pro,ide only ing acreage. It is not a new policy, I will state to the Senator for protectin~ the beau waters of navigable streams? from Utah, l>ut is only enlarging the polky which the Govern- Mr. McNARY. It is always my e obliging. ment ontereut tbey are going further 1\Ir. BINGHAM. I should like to remind the Senator from anle streams which are used for ocean navigation, tl!e ator and I agree upon the legal phaEes of this question. TJ1e h enu,vaters of which and the forests from which those streams only difference is that the Senator is not familiar with the bill. arc suppllec useu for ocean navigation. So it w.ould seem ernment could not go out and acquire land generally for re­ to be perfectly appropriate for the Federal Government to pro- forestation or for raising cotton. Everyone must agree tl!ut the teet the navigable streams in this way. - Government has authori~y undei· the Federal. Constitution to '6792 CONGRESSIONAL RECORD-SENATE APRil; 2 acquire land to protect navigable streams, and to acquire that The PRESIDENT pro tempore. It was reported by the Sena­ laud on the 'vatershe1l:; of these streamR. tor from Arizona [Mr. CAMERON]. It was introduced hy the 1\lr. 0Yl1~ID£AN'. Tlwt i:; exactly what I said. Senator from Idaho [Mr. lloRAH]. 1\1-r. McNARY. We agree upon that proposition. All that Mr. BLEASE. I should like to ask the senior Senator from this hill dee:> h; to provide more money to acquire large areas New York [l\1r. WADSWORTH], the chairman of the Military of fore:-;'ted and cut-over la nds-that iH the only difference be­ Affairs Committl"e, a bout this bill. tween this hill and tile 'Veek:::; Act-on t!te waten;heds of navi­ Mr. WAD~WORTH. What is the Senator's quef'\tion? gable streams. Mr. llLEASE. Is that one of the geueral bills that we have Mr. OVI;JRl\IAN. Doe~ the f4enator so construe the McNary been turning down? bill 'l D oes lle coni' true it in tlw t way? Mr. WADSWORTH. We could not have turnecl it down. I Mr. 1\fcNARY. I am f::pcakiug from the l';tandpoint of having see that it is reported from the :Military Affairs Committee, of Rnme familiarity with the bill wldcll in vart bears my name. wnicll the Senator and I are members. Mr. OYERMAN. I m.r, doeH the Senator com;true that bill l\lr. llLEASE. I know it; but that is the only one I have in that way? seen come through. 1\Ir. l\[uNARY. I certainly do, if I can understand plain l\lr. BORAH. Mr. President, I thiuk thiR one ought to come language; anRESIDE~"'r vro tempore. If tllm·e be no further construe it to meuu otherwh•e: :=mel they put in the r esolntion­ amendment to be propo:..;ell oYer, priyate ngre(•meuts amont!' ~enators rwtwith~tauding. N1 JR, E CORPS OF ATC\[Y AND NAVY CITY OF BTOt'KTOX, CALlF. 'l'he bill ( S. :10:-n) to pro dele retirement tor the Nur~e Corps The bill (H. H. 5!)61) granting certain pnhlic lnmls to tbe o-r the Army ntul Nnvy was considered as in Committee of the dty of ,"to~kton. Calif., for Hood coutrol, aJHl for other pur­ \Vh<1le aml waH rend, ns follows: por-;eR, \\'fiR ton:-:idered aR in Committee of the "·hole. The hill wns revorteoldiers, their widmv .. , a nel cl cpendcnt relative!', .Tolln O'Brien, late of 1-;;J•:c. 2. 'l'hat the AnnHnl pny of a retired member of the Army Company D, ~in e ty- se>eutll ?\ew York Infantry, Rhall be hPlll and con­ Nm·l'!e Corps or t!Je Na,·y ~tll'HC CorpR shall be :! per cent of the !'icll'rell to hn>c been honorably (li:;ehargl:'el from the military sen·ice of annual activt> IJHKC pay which she i :,~ rec:eiYlng at the time of retire­ the Dnited Slates n:;; a member of said organization 1011 the 17Lh day mPnt multiJJlit' cl hy the numher of complete years of service r<'ndcred of ~lar ch, 18!;u: l'roritlc£1, '.fhnt no l.>a('k pay, p<>nsion, bounty, or other prior to retircmrnt, hut not cxcet'ding 75 per cent of s u ch annual emolument shall accrue prior to the patJ.:age of this act. active !Jase pay ; ancl, in uclelition, Ktlpplemcnta l annual retired pay for each complet<' yf'ar of nctlre sc·rvicc l'euat· the unifot·m of the grade held at the time of retirement, and, in time of war ~:n· n ational emm·gcncy, George Patter~o n shall hereafter be held and considered to have been honorallly di:-;charged from the military service of the United States may be employed on adive duty, in the discretion oi' the Scct·ctal'Y of as a prlYate of Company II, I;:-leventh Regiment :New York Yolunteer War or the Secretary of the Navy, und when RO employed ;;hall re­ Cavalry, Civil War: Provided, That no pension, pay, bounty, or allow- ceive the full aetlve pay and allowances of their r especti·ve g1·adeR. : ance shall accrue prior to the passage of this act. The bill was reported to the Senate without amendment. or­ The ameuclment 'WaS agreed to. dered to be engrossed for a third reading, reall tb~ third time, l\Ir. llLBASE. Mr. President, who reported that bill? and passed. 1926-- CONGRESSIONAL RECORD-_ SENATE 6793'

CONVEYANCE AND ACQUISITION OF J.. ANDS BY TilE DISTRICT Judiciary Committee was to be acC'omvanied with some !:itatisti­ The bill (-S. 2!JS2) to provide for the conveyance of certain eal information which I desire to refer to vd1cn the mutter is lnnd owned lty the Dh;trict of Columbia near the corner of Tllir­ under <;on~id-e;ration. I am forced to ask, therefore, that this teenth and Up~hnr Streets NW., and the acquisition of certain bill be pas~e :::\tat. L. <.:h. ers of pare I ~4/DR, :1nd lot Hl, square ~8:!~, OL' to such party or parties 248), was considered as in Committee of the Whole. ns said owner· or owners ~hnll dcsignntc in writing, a part of the parcel The bill >vu:-; reported to the Senate without amendment, nnmhored for purposPR of asse~Rment and taXRtlon aR parcel 84/1:H, ordered to a third reauiug, read the third time, and pat'seu. owne(l by the Distl'ict of Columuia, snid part of said parcel to be con­ ARLINGTON COUNT SANITARY DISTRIC'£ VP.YP(] by snid commi~siuners h~>ing describe!l as follows: Beginning for The bill (H. R. 4505) to authorize the Se<:rctary of War to the !':Hill<' in the south line of lJpRhnr Street, no feet wirte, nt a polnt permit the delivery of water from the Washiugton Aq11c(lu<.:t (Jit-;tant :w.:w feet west of the west line of Thirteenth Strec>t, 110 feet vumping i"tation to the Arlington Uounty sanitary district, \YUS widQ, an'u running thence along tbe Routberly uonndary of s::~id pnrcel considered as iu Committee of the Whole. 84/134, Routh 73 degrees :~R minutes an!l 40 secoud8, west 181.50 Mr. KING. .Mr. President, I l'hould like to ask the Senator feP.t; thence leaving sai(l southerly bonmln:ry noel running north from Virginia, in >lew of the attituue, us l am told, of the Dis­ 51.11 ft-><'t to the south line of Upshur Strr•ct, 90 feet wide; th nee triet CommiF;sioners, whether he would obje<:t to an amendmeut wltb said south line of UpHllur Street, cast 174.1i'i feet to the point of on page 2, line 7, reading as follows : Strike out " Secretary of hrginnlng, containing 4,4fi0 square t'eet, ns F:hown ou runp on tile in the 'Ynr '' aud insert'' Commis. ioners of the District of Columbia"? office of the IHJL'V('YOI', D!Rtrlct oi Columl.Jia, nnd nnmuerf'(l ns map ~ir. S\VANSON. l\Ir. Pre:-;ident, I am opposetl to that for 10117 : P1·o ·rt11ea, Tba t the owner ot· ownerH of said parcel 84/93 an!l this reaRon: There is no objection to this bill by anybody lot ::n, sC]uare 2822, shall furniRh the District of Columula witb a good except Colonel Bell, who thought it would be better, pos::,:ibly, :~na of the two parts or parcels of lanrl to only 1 per cent of the additional supply of water. be conveyl'U to the District" of Columbia being 9,715 t;quare feet, as Tbe fiecretary of War has bud charge of the water supply shown on map on file in the office of the surveyor, District fo Columbia, of the District ever since the aquedu<:t was constructe1l. He and nnmb ~ red as ruap 10!J7. has llad charge of it, I think, since 1888. The War Depart­ The hill was reporterl to the Senate without amendment, or­ ment has charge of a large part of the land in Arlington dPI:ed to he engro:-;sed for a thinl reading, read the tllird time, County, and I do Hot see why the Secretary of War should and passed. be under Colonel Bell, one of the Dh;trict Commissioners, who SAI.ARlES OF UNITED STATES JUDGES is under the Secretary of \Var. Somebody ought to he put in The bill ( S. 28G8) to fix the salaries of certain judges of the charge of it · who can determine what is a fair settlement of United States was announced as next in order. this water rate, both for the District of Columbia and for 1\Jl'. KI1: G. Mr. Presideut, that bill will lead to some dls­ Arlington County. They are compelled to have this water cnsHion, and there will be numerous amendment~. supply there, or eli"e they will soon ha>e t:rvhoid fe>er and all The PHESIDENT pro tempore. The bill will be passed o-ver. kinds of trouble there that will affe<:t 'Yashington also. I am not willing to permit the Secretary of War to be set aside by AMENDMENT OF JUDICIAL CODE a District commissioner who is anxious to have that authority. The bill ( S. 2763) to amend section 10:3 of the .Judicial Code, H e has simply said he thought he ought to have the authority. aR amended, wns conRiclered as iu Committee of the \Yhole and Why should the law be changed to suit him? was read, as follows : Ur. KIKG. l\1r. President, ·will the Senator yield? Re it onncted, etc., Tllat the fifth and sixth sentences of section 103 l\!r. SWANSON. YeR. of the Judicial Code, as amenllcrrus of the district court shall be held at Scranton on the second the Committee on the District of Columbia, of which I am Monday in March and the third Mon!lay In October; at Harrisburg on n. member, ha-ve now before them the qnestion of iucreasing . the first Mondays in l\Iay and December; at Lewisburg on the third the "ater rates for the inhabitants of the District of Columbia . Monday in .Tnnuat·y; an!l at Williamsport on the fir~t :\Ion!lay in June. In my opinion the present rates are \ery high, or at least suffi­ 'l'he clerk of the court for the middle uh;tdct shnll maintain an office, ciently high, and if there is any possible way of :woiding any in­ in charge of him~elf or a deputy, at Lewisburg ; the civil suits insti­ crease it should be done. The people of the Dif::trict of Columbia tuted at that place shall be tried there, if ither party r0si!les nearest ha-ve to pay the rates which are fixed by the commissioners. They that place of hole l0arned, up to date; The bill waR reported to the Senate without ameudment or­ indeed, I am not sure that sufficient is deri\e

1n connection with the privilege secured by the District of Mr. GLASS. Nobody has ever suggested that the property 1 Columbia to get water from the Potomac llivcr. If a dispute owners should not bo charged. arises a. to whnt is n fair rate for Arlington County, there 1\Ir. SWANSON. The Federal Government spent $11,000.000 ought to be some power somewhere to say what is just and for the.c;e waterworks, and the District of Columbia about proper, an these people shouhl not he allowed to go to this $8,00D,OOO. The Secretary of War has had charge of this ""nHt expenditure of money, if the Commi ~·loners of the Dis­ water-supply system since 1888. United States engineers con- I trict of Columbia arc virtually to cletcrmine what tho people strueted it, and the Government controls it. Virginia will 1 ont':lide shall pay. The same situation exists as to Maryland. ha Ye to connect with it, under the instructions of the illugineer j' In addition to what I have suicl, the Secretary of ·war has Corps of tho War Department. Consequently it seems but harl clwrge of the Aqueduct Bridge, and everything in con­ right that wo continue the practice tllnt has been in vogue s1nce nc~tion with these waterworks, ever since tlley ·were started 1388. in 1888. Mr. SACKETT. They supply water to :Maryland. for some Mr. GLASS. :Mr. President, I do not understand that the cli~tance, also. District Commissionerl'l are objecting to control by the Secre­ Mr. COPEJI.~AND. 1\Ir. PresicleHt, I was in attendance on the tary of W:u in this particular matter. On the contrary, this meetings of tile District Committee and hearcl what the engi­ very commi~sioncr Colonel Hell, when he liJ)peared hPfor€' tho neer commi~1:doner ~aid. 'J'Ile faet i<:~ that the Secretary of Appropriations Committ~'e distinctly R.ncl r<>peatedly disclaimed War has cllarge of the reservoir and the filtration plant. Tho any objection v;-hat:-,;oever to pl!lcing this authority in his snpc­ englnf'er commissioner aud the other commi.ssiouers of the :rior officer, the Seeretnry of War. ·we ask~d that very ques­ Di~;trict have nothing to do with the water until after it gets tioH, UlHl he, not once hnt three timN!, disclaimelongs to the United States, Gm·ernment, them of about : ;00,000, as I recall it. Tiley have to pay for nnarion: de­ them, haYe to pay their expense of carrying their bonus, and partments under t1w Secretary of V.'ar an~ inter<>ste 1. Some­ their fear is-anrl. tuat was expressed Yery frankly in the com­ body ou!.!ht to· be able to determine what is rigllt ancl fair mittPe--thnt if thiH is put under the District Commissioners, betw€'en Yirginia and. the District of Columhla, an r." £ gain, "·hen the matter was furtbf'r dis­ po~e of thls measure would be defeated if this were placed cn~sed-and this is an actual quotation from hi:; t<'~tlmony­ nuder the Dil;tl'ict Commissioners, because the purvose of this Le said: arrnn~emeut is to get rid of shallow wells, half of which are 1t is a smnll matter. It is- more or !Pss technical. It will work out contaminated. If tuere were to be a typhoid epidemic in that some way, no difference which method 1:; fulloWP.tl. eomruunit,v. ns most of the people are employed in the ~!strict, \Yorklng in the Dish·ict, we wonld soon have the typhoid here. Again, he saicl : I think without question the hill should be pnssed exactly as I do not hare any particular objPction­ it Ita~ lx~en pre:--ented and thnt the rates ~hould be fixed by the Speaking of this jurisdiction- Secretary of Wnr, bPcau~e iu all probability there would be :c1ore r<>asonable rates. alld. it would permit every person over It wlll work out in ~'>omt> wuy. Lt will h~'> carried ou~ by !\fajor there to make use of the water system, \.Yhich would not be the O'Connor's office and mine. Thl'l'C will not l.Je any trouble at alL cas if the rute~ were exC'essive. That " ·as hh:l testimony hefo~·e the Committee on .Appro­ 1\rr. KING. I have uo interest in the matter except in pre­ priation~. s?r..tin~ the fa('tH. I Rtill think it iR unwise, notwithstnnding 1\lr. KING. Reference has h <>u made to statements of Com­ what hn~ hePn fo!aid, to have a divided. authority. I see no inis.:ion('r Bell. 1Uy recolledion is tll:t.t the \Yushiugton Post r0ason why the people of Yir~inia and Maryland should pay (:ontaiued this statement-and tlli:-; wus in vurt tile IJa:;is of the les~ for the water which they obtain through the system, which iuformution which I hml, vlu.s ::statements \\'hich came from nitimn tely will be pnid for by the Dislrict in connection with the District Builanitary llistrict tion of the hill. of Arllr~on Count.r, Engineer Commis~loner Bt'll to-day 'l•oict>tl his There being no objection, the:> Senate, as in Committee of the o!Jjf•ction to n pro\·ision in the menaur which placf's the distribution 'Vholc, procf'eded to C'onsidcr the bill. in Ylrginia UUU{'l' tile juri. uictlon of the Secretary of War. 'l'he hill \vas reportE>d to the Senate without amendment, " Such nn arrangemuut is ruuuifestly uufair to the people of the ordered to a third reading, read the third tlme, and passed. Di~tL·lct," he sa iu. The Sccretnry of War bas not controlled the rl.istr'ilmtion of waler KATE CANNll'F in the Dl·trict nor dot'~ he fix tbe water rates. Commi~~:ionor· ilPll ex­ ThP. bill ( S. 8G8) for the relief of I~ ate Canniff was <'on­ pln.inetl, so therefore he Hf'eS 110 justiti.catiou 1n tho !Jill to gi\'e him ~;idcrecl as ju Committee of the \Vhole and was read, as fol­ authority for jurisuic:tion in Vil'ginia. lows: Mr. GLASS. I hn>e gi\en explicitly the exact quotation Be it rnaoted, etc., That the Secretary of the Treasury be, and he is from Colonel Bell's testimony before the comnlitteP. H he hPrehy, authorizetl anti illr<'cted to pny to Kate Canniff the RUm or challgetl his mind. afterwar1ls, he ought to base ~o notified the $1,:1-.!5, ollt of any moury in tile Treasury not otberwiRe appropriated, committee. He was not frank with the committee if he ma03) for the relief of Capt. l\Iurray A. Cobb 1· cque;;ted. was considered as in Committee of tho Whole and was read., 1 t is doubtless true that we shall be able to supply water for the as follows : Vir·ginia sul.mrbs with little adultional expense; and the same is true Be it enacted, etc., Tbat the Secretary of the Treasury be, and he is for· the supply of additional extensions within the District, but that is hereby, authorized and directed to pay, out of any money in the no ren.son for not charging pro_pert1. owners their equitable share for Treasury of the United States not otherwise appropriated, to :Uurrny the supply. A. Cobb, captain in the United States Army, the sum of $4,331.20, to

I I 1926 CONGRESSIONAl; RECORD-SENATE 6795 reimburse him for medical ancl hospital treatment !or tubr.rculosis of on this bill so far as I cnn see that I might mention. I 11otice the thorncic vr.rtebrae (Pott's di:.:ease) with pulmonary complications, something in the r cvort wllkh was not brought to my atten­ saicl officer having been gassed in October, 1918, while serv!ng in the tion. Tllere was some frantlnleut action on the part of some American Expeditionary Forces in France, said treatment covering the officel' of the Government in dealing \vith the Columbia Supply perio•l from :\Iay, 1!)19, to :.\farch 2u, 1922, aud having been rendereu Co., but there \vas no fraud iu any respec:t <:oncerning the at Leysin, Switzerland, where Captain Cobb was taken with the ap­ Van Dorn Iron Works Co. · proval of the metiical officers of tlle uniteti States Army. I trust the Senator will note particularly the language on tho The l.Jill wns reported to tlw Senate without amendment. second pn ge of the r eport. This is the language of the report orllercd to be engrossed for a third reading, read the third time, made IJy Acting Postrnastc•r Genernl Koons : and passed. The fnct remninR, howeYer, that the GoYernment received these boxes, ALASTC\ STEAMSHlP CO. which it r<>t"ainccl and ma1le use of, but for which it never paiu any­ 1'he bill ( S. R174) for tl1e relief of tlle Alaska Steamship Co. · thing-, aud fl·om the e>idence before the departnwnt it appears that the was conf'idered as in Committee of the 'Vhole and \Yas read, Va.n Dorn Iron ·works Co:, apparently an Innocent manufacturer, bas ns follows: never received any money from the Columbia Supply Co. for the lJoxes invol\"'ecl in this claim. (See the attached affiua.vit, dated July 21, Be H e-nacted, etc., '!'bat the Secretary o! the Treasury be, anti be is HJ19, by the vice presiors of tlle wreck of the That is the report of the Postmaster General under date of American ship Co lnmbia ncnr Scotch Cap Ligllthonse, Alaska, in May, An~u::;t 15, 19Hl. 'The vresent Postmaster General states, under l!lO!J. date of .Tannary 31, 1!)20, that tLe r eport is not in conflict with tlle finaudnl program of the Pre::;ident. The bill 'vas reportorl to the Sew:tte without amendment, or­ l\Jr. Kl~G . 'l'lle Senator does not know why the claim was cler('(l to he engrossed for a thlrd reading, read the third time, not paid? all(l passed. Mr. \YILLIS. I do not know. It was not paid, I know. and DlSOlHlltrNA'l'TON AGAINST FAI1MI!:RS' COOPERATTVE ASSOCIATION evidently it is a ju::;t matter. 'l'he hill ( S. !:!9(35) to prevent (lls<:rimiuation against farmers' The bill wns reported to the Senate as amended, and the cooperative asso<:iations by hoards of tru(le and ~ imila.r organi­ amendment was eoucurred iu. ~r.ations, and for other purvose::;, wa:-; auuuulH.:ell as next in 'The hill \vas ordered to be engrossed for a third reading, order. I'Ntd tlle tllird time, and .pas::;ed. Mr. KING. Let the bill l.Je rea(l. 1\ir. lllDED of P<.'Hnsylvauia. Tlmt seems to l.Je a bill of CHARLES RTT7.EL pretty sweeping-scope, auLl I tllink we ougllt to h:lYe some ex­ The bill (H. R. 5858) for the relief of Charles Ritzel was planation of it. It ought not to IJe passed without an under­ unnonuccLl a::; next iu order. Htanding of it. l\fr. ~VILLIAl\IS . In the nb~ ence of the junior Senator from Mr. \VILLTAMB. In the al.Jscuce of the Senator from Kan­ IOY\'8 [I\Ir. BROOKHART], I Uf:k that the bill ruay g"O over. Ha::-;, I think it might l.Jc vassed oyer. The YICI~ PUESlDENT. The bill will be 11as~ed over. Tlle VIOIer. PUflLTC BUILOINGS AXD POBJ.TC PARKS, NATIONAL CAPITAL VAX DOP.X JllON WORKS CO. The hill ( S. 20-:!-~) relating to the office of Public Buildings The oill (S. lmt3) for the relief of the Yan Dorn Iron Works and Pul.Jlic Parks of the National Capital was considered as in Co. was conshlerecl af" in Committee of the " ' hol e. Committe>c of the Whole. 'l,he bill bad been revorted from the 'l'llC hill had been r eported from the Committee on Claims Committee 011 the District of Columbia with an amendment, with an amendment, on vage 1, line 3, to f"trike ont the words on vage 2, to stril'e out section 2 in tlle following words: "That t11ere be puid alld uire<:te.d to puy to the Van Dorn unltetl States park pollee may be granted leave on account of uis­ Iron ·workl-5 Co., out of any money in tlle Treasury not other­ nhility with three-quarters pay, fo.r a period of not exceeding one ycnr, wh-;e appropriated," RO as to make the bill read: wben (lisahility is in direct consequence o! injury incurred in the adnal performnn~.:e of rluty, and when such disnbility lR certifieu to He it en acted, etc., That the Secrct!lry of .the Treasury lJe. and he is IH'reby, authorizPd and directell to pay to tbe Van I>orn Iron Works anu recommended by the board of 11olice anti fire rmrgeons of tbe IHr.:trict of Columllia and ajlpron:.!.!10 for package IJoxes lll'nnufactureu by t he Van Dorn null Puhlic Park!:! of the National Capital." Iron \Vorl's Co. as subcontmctors, anti furnished to the Post Office Dc­ And to in:'ie rt in lieu tbel'eof: part.ment by the co utract nn~. the Columbia Snpp1y Co., of ~e w Yorl,, s~;c . 2. That !.':l!Ction 7 of the saicl act is hereby nml'n grantPd adclitional quickly than the <:Jerk could read the rep01t. lea\·e with pay on account of sickness, not to f'XCPP!!5 (Stat. L. v. '13, p. 112G), is now has tlle appropriation bill under conRideration by the lter!'by amended by strildng out the worus "chief of en.~ineers" and 1n·opor official, and have Doctor Moore, vre::;ident of tlle Fine inl"erting in lil'u thereof tile worth; " Director of Pul.Jlic Bnilllngs . an!l Arts Commission, and the architects and the Zoning Commis­ l'ubllc Parks of the Natlonal Capital." sion brought together at a very early date, so that at least hy Mr. KING. l\fr. President, I ha>e no objection to the hill. l\Iomlay tlle bill may be taken UD, and I shall join in an en­ I merely tn.ke this occasion to make one obsenatiou. The deavor to ha>e it comddered at that time. But I feel that I police nud watchmen of the District are now under a number 'vould not be doing my duty, in view of the information con­ of heads. The Harne is true with respect to om· parks awl veyed this morning, if I diu not interpose an objedion to its om streets. We have too much d iYided responsibility and immeuiate consideration. authority within tile District. .A resolution has heP.u offered. Mr. COPEI.AND. 1\Ir. President, if the Senator will witll­ wilich is now pending before the Dh•trict Committee, calling liold his objection for a moment-- for a joint committee of tlle House and Senate to look into the Mr. KING. Certainly. a1fairs of the Disttict in a comprellensh·e nnu, I houe, con­ l\Ir. COPELAND. Tlle District Committee went into the structh·e wny with a view to impro,·ing conditions awl re('Om­ matte~· very thoroug-hly. The matter relates to tlle new rress mending legislation that will consolidate and coordinate many Club Building which is to be erectec.l on the corner of I!, a.nd of the activities which now arc di>ided. My hope is tllat as Fourteenth Streets. Under tile zoning law they would be per­ soon 11s Con~·ess adjourns a joint committee of tlle IIom:e and mitted to build to n height of only 130 feet. The Willard Hotel, Senate will remain in ·washington fur a month, or whateYer ncro!-ery u"·ners of thP. l\Iunsey Building, it was deemed wise to accept tlle Honse bill, whicll provides for 140 feet instead of 150 feet. carefully and, when Cong1~ess meets in December, recommend I wish the Senator from Utall might be pren1iled upon to let sueh legislation 11~ may l>c deeuied necessary. There are two resolutions pending in the HoUEe and one the matter go through to-uay, because the mem!Jers of the pending in the Senate. It is vossi-IJle some one mny f'eek to Press Club and their committee a-re engaged in completing their limit the inYestigation-at least some l\1emhers think it may plans and their financing sd1eme, and it is important that tlle be limited to an in>estigation of one or two subjects-out the rna tter should be taken care of at an early e reccmment.lutious after full every day of delay is an embarrassment in carrying out tlle investigntion of all matters affediug thf' welfare of the District. worl;: nnd completing their plans. I am satisfied tllat anyone Tlle VICE Plll'JSIDENT. The question is on agreeing to the wllo makes 11 study of tlle situation would be willing to have amendment reported by the committee. it go even lGO feet high. That is my feeling about it, l>ut The amendment was agl'eed to. certainly at HO feet nobody in the world can be heard to moke The bill was reported to tlle Senate as amenailed upon to accept tlle matter anu let us pass on it to--day. The hill was ordereu to be engrossed for a third reauing, Then if he fi.nus fher.e is serious objection I shall be very glad read the third time, anu passed. to join with him in asking for n reconsideration of the bill. Mr. KING. I do not tllink the Sonutor, in view of my -.cry HAITIAN MEDALS OF HO:-.OR .A.~"l> MEUIT frank stntemP.nt, silould ask that I witllholU my objection. I The bill (S. 3~10) to nutlwrize certain officers of the United have no per~onal lnterest in the matter at all. In view of the States Na>y to accept from the Republic of Haiti the meual of information to \vhich I referred I feel compelled, as a matter honor and merit w:1s considered as in Committee of the Wllole of public duty, to ask that the matter be vas::lcd o\er until tlle and was reau, as follows : officials to whom I have referreu may have an opportunity to confer and we IJe fully addscd in regard to the matter. I Be it enacted, etc., That Commander Archihulu L. Parsons and Lient. stated to the Senator tllat I should enuen.Yor to have that :r, te, Hnd they are hereby, authori7.eu to accept from the The VICE PRESIDENT. Objection is made and the bill will Itepul.Jlic of Haiti the medal of honor and merit which bas heen ten· be passed o>er. dercu to each of saitl officer:;;, through the Department of State, in appreciation of services rendered tbe said Tiepublic of Ilaiti. MUSCLE SHOaLS, llin~III'\OHAM & rENSACOLA. RAILRO..\D CO. The bill was reported to the Senate without amendment, The bill ( S. 2722) for the relief of the Muscle .Shoals, Bir­ oruered to be eng-ros::;ed for a tlliru reading, read tltc third time, mingilam & Pensacola Railroad Co., the successor in interest and. 11assed. of the receiver of the Gulf, Florida & Alabama Railway Co., wns nnnounceu as next in order. HEIGHT OF BUILDINGS IN DISTTIICT OF COLUMlli.A. Mr. WILLIAMS. Mr. Pret;ident, in the nbsence of the senior The bill ( S. 3-!95) to amend an act r gulating- the height of Senator from JJ'lorida [Ur. FLC:'ICBEn] and the junior Senator builtlin~s in the District of Columbi~, approved Juue 1, 1910, from Kausas [Mr. CAPPER], I ask that tlle bill may be passed was announced as next in order. over. :Mr. COPBLAND. Mr. President, this uill llas pas~ed the Mr. TRAMMELL. l\1r. President, my colleague [Mr. House "·itll a provision for changing- tlle height of a huiluing FLE'l'OIIER] Ilurl to he alJs~nt a little while this afternoon on to 140 feet instend of 130 feet aH at present allowcu. The offidal business, and asked me to look after the mea~mre. I Di!:;trid Committee of the Senate saw fit to propose to amend should Ut! glad to E.'X]llain the hill if the Bcnator desires. the bill to grant the Press Club pennission to erect its builu- Mr. ·wiLLIAMS. I witl1draw my ol>jectlou. 1f>26 CONGRESSIONAL RECORD-SEN.ATE :6797 Ml'. TRAl'.lMJiJLT.J. Briefly, the facts nrc that the railroad point on said North Platte River where H wfll store for diversion t11e ccmpauy wn~:; requested. by the GoYormnent to build. an addi­ wntcrs of saiU river, au0quate for the purposes aforesaid, and to ac­ tional tra~k from the towu of Pensacola d.own to t:lle navy quire by proceedings in P.mincnt domain or otherwise :111 lands a n Out the eonstruction of tlle nd.ditiona1 structures as muy lle reqnireotll Honses. lle tletermlned by the Serretary of the Interior, of tile total oost Thcl'c being no objection, tlle bill waR considered as in Com­ thereof to tiJe Unit<'-<1 ~'HateR, in accordance with .the net of Congr<'RS Jnittee of t11e 'Yhole. ':l'he bill had been reported from the appro\·ed Jnne 17, 100::!, cntitle.d. "An act appropria.tln~ the r<'ce ipts Co~mittee on ·ClaimR with amendments, on page 1, line 3, to from the R!lle and di:-;pol'al of public lauds in certain States and tcnl­ stnke out the words "that there is hereby approprintcd" ·and tories to the construction of in:ig:-ttion works for the rec:la!I\!1 tion of inseLi; ii~ lieu thereof " that uhe ·Secretary of the Treasury l.Jc, ariU lands," and acts amendatory thereof anti supplemental theretQ, Hllll h e JS :Uerchy, authorized .and directed to pa·y," and in line ll0r<'ina fter referred to as the .reclamation Jaw. 6 to strike out the words "for the relief of" and insert the SEC. 2. That tlw said irrigation " ·orks heretofore and herein referred word "to," so ns to make the bill rend: to as the CaRper-Alcova irril!ll..t ion project, a.nd so designateu in thir; act to lle con~tructcti under this act, shall lle Cf\nRitlcred. desl~nated, Ee it enaotecT, otc., That the Secretary of the 'l'reasnry be, and be is and constrnctee co1a, Fla. cllar:;eu equitably agnin:-;t snch lands, in accorclnnce with the benefits The amPndments were agreed to. they derive therefrom, as may be under the r eclamation law determineil The bill was re.Portcd to the Senate as amended, and ihe .by the Setrctary of the Interior and pah.l lly the bolucrs of the water amendments wore concurred in. rightJ-; on ·said lands nnd of l'aid lands, which payments shall be re­ The bill was onlered to he engrossed for a third reading, turned into the ·reclamation fnnproln·iatcu, to Grover .Ashley the suru indiYitlual .in excess of 1GO irrigaule acres shall :baYe b en conYe:reu in of $815.1G. fee to the Unitee assessrssary in 8UC· city of Philadelphia of tue two ):; Ums of money aggregating the ccssfully pro.•!t'Cutlug tbe work to conl:!truc1. anu complete thE:' project. amonnt set out iu the bill. The first :-: um of $347,DD4.M is to re­ 1\Ir. IUJNDRICK. I desire to offer a short amendmE.'nt to puy the city of Philadelvhia on account of tax money collectrd by the lllll. On page 5, at tlle eura l Treasury. In other words, these two sums, making Senator from Colorado [l\fr. PmPPS]? Does the ~enator f rom the aggregate stated in the bill, re1n·esent tlle amount improp­ Wyoming know as to that? erly collected and covered into the Federal Trea~mry. The Mr. KENDRICK. The senior Renator from Colorado is a city of Plliluuelphia, being a municipality, was not r;tibject to member of the eommittee that reported tht> hill. tlle tax. Mr. MEANS. But he was not pre~ent when the bill was re­ At the last scs~lon an exhaustlYe report was made by the ported from the committee. I talked with llim immeSI)Ol!Hihility of saying The hill was reported to the Senate without amendment, that the senior Senator from Colorado ltas uo objeetion to tlle ordered to ue engroHsed for a third re~ding, read tlte third time, bill, inasmuch as. it is only au authorization and uot an ap­ and 11assed. propriation. DEPUTY ASfHSTAXT '{;:\"!TED S'fATES TREASURER l\Ir. MEANS. I realize it is only an authorization; but is Thf' Senate, as in Committee of tlle Whole, proceeded to con­ the Senator from Oregon sure that nty colleague has uo objec­ sider the bill ( S. 354 7) to change the title of Deputy Assistant tion to the bill? I talked with my colleague as soon a:::~ the Treasurer of the United States to As:sistaut Tren~omrer of the bill ·vYas reported to the Senate, becmu'le it wa · a new matt(>r Vuitecl ~tateH, wltich was reau, os follows: to me, anrl though my colleague is upon the committee, he saill lle it enacted, etc., That the title Deputy Assistant Trl'aflnrcr of tlJe he- \\·as not pre-~ent when the bill was reporteu from the com­ mittee. I wil'h to be :;mre in rPference to the mattN. If the f!uitt>d Ktate~ ns dce;lgnated by the al't npprovcd March 3, 1901, as Senator from "\Yyoming will permit the bill to be passed over nnwndc!l lly tlte act ap1n·oved .July lG, llH-!, ue, and the same is bcrelly, 1 ·changed ann shall hereafter ue ucsignnted as ARAistant TreasurP.r ot for ju~t a moment, I will attempt to telephone to my colleague a nrl R"certain his position on the bill. tbe UnitPd Htates. Mr. KENDRICK. Yery well. . 'l'lte hill waR reported to the Senate without amendment, The VICE PRESIDENT. The bill will be pa~setl OYer tPm­ ordt•red to be cngt'O!-':-;ed for a third reading, read the thit·u porarily. time, and vas:-rtPd from the Committef' on ~lnims witll diversion of the ,...,.aters of the North Platte RiYer and eon­ au amendment in line U, after the 'vords "sum of," to ·strike f;truction of the Oasper-Alco\a reclamation project. out "$20,000" and to insert "$10,000," so as to make the hill :Mr. l\IEAN'S. 1\fr. President, in the nbBenee of mr <'olleaglle, react: I aske it cnaoted, etc., That the SE-cretary of thE:' Treasnry ue, and he Is dmw m~v objection to the consideration and to pay, out of any moneys in the sideration of the bill. TrNtsury of the ·tJnitP.d State::~ not othcrwi~e approprinted, the sum of 'l'he bill was reported to the Senate a;'; auwuue!l, and the SlO,OOO, as full compt>nsntlon to Frnncis Jli'icholson for injur·ies slls­ amendments were coucurred in. tained lly him upon thE:' ul~>e:hnrge .of tlle cveulng guu nt the Presidio 'l'he bill waR ordereer. Mr. HEED of Pennsylvuuia. 'Mr. President, tbat bill passed JOSR LOUZAU the S~->nate at the last session. It has been thoroughly con­ Tlle Senate, as in Committee of the "Thole, procee

EXCllANCE Oll' L~DS BETWEEN THE UNITED STATES AND NEV.ADA substance of the favorable recommendation which the Secre-­ tary· of the Interior had given to me. .'l'hc Senate, as in Committee of the Whole, proceeded to Here are the facts as I understand them to be : This is a consider the bill ( S. 3072) to authorize an exchange of lands privilege which is enjoyed by the employees of railroads gen­ between the United States anO. the State of Nevada, which had er ally in the States. It was thought by the f:;ecretary of the been reported from the Committee on Public Lands and Surveys Interior that it'would be a very great benefit, as a matter of with an amendment to strike out. all after the enacting clause fact, to have thi:3 reciprocal arrangement, because there arc and to insert : not very many employees of the railroads in the Uniten States That the Secret::uy of the Interior be, and hereby is, authorized, in who arc going to h·a.vel npon the AlaskA. Hailroad, while there his discretion, to accept on behalf of the Uniteu States title to not are'a good many coming the other way. That is the opiuion of exceeding GO,OOO acres of lund owned by the State of Nevada, and in the Secretary. exchange tilerefor may patent not more than an equal area of sur­ Mr. JONES of Washington. I am rather inclined to think veyed, unreserved, and unappropriated public lands in said State: that there wiH be a great many people who will take advan­ Pro·uided, That all patents i~sued un20, is as follows : to authorize the President of the United States to locate, con­ 'l'he Committee on Interstate Commerce, to whom was referred the . struct, and operate ranroads in the Territory of .Alaska, and bill (H. n. GllT) to amend' an act entitleti "An act to nutb<>rize ~be for other purposes," approved :uarch 12, 1!>14, which was read, President of the United States tO' locate, construct, and oJ)ernte rail­ as follows : roads in the Territory of .Al.a,.qka, and for other purpo~es," appro,' ed Be it enacted, etc., That the Alaskan Rallroad act approved Uarch 12. March 12, 191-4, having considered tlle same, report said bill without 1014, is hereby ame11ded so as to permit the issuance of passes to amendment ;!eJd submit a report tllcre<>n. ' ministm"S of r eljgion, t·ravellng secretaries of Railroael by employees of other roau~ troduced a simi.lar bill, which was referred to the Committee on woultl not be heavy. The privilege is one to which railroad. men ~cn­ lnter~tate - Commerce, but that committee very promptly reported crnlly are accustomed, and they feel tbat they are entitled to it as one out the House bill, and incidentally in its report embodied the of t lle features of employment by a railroad. 68{)0 CONGRESSIOXAL RECORD-SENATE APRIL 2

It i~> also deemed propP.r nnd od\·h;ab1 e to secnre nuthority for the Mr. REED of Missouri sub!'equently s3.id : l\Ir. President, issuance of p:tsses to ministers of r eligion, persons en.[!agcu exclnsively referring to Senate bill 1039, to ameucl the bankruptcy act, in chad table· work, and certain other similar classes ::;pecified in the iu­ which a few momc,nts ago I asked be pas~ed over, I wish to closel1 draft of bill. withdraw that request. Since my objectiou wns made I have 'l'llosc l:'n.gaged in such work in A Iaska arc bnmpcrcc1 by the limited learned more about the cllaracter ·of the bill, and I ask to revert amount of ·a \'ailai.J1p funds, while the se1·vices they p L• rform are highly to it. I.J encficial to the public in the railroad tenitorr. The YICE PRE.SIDENT. Is there objection? J.'in ally, attention is ind tefl to the fact that the provisions herein l\Ir. PHIPPS. :i.\Ir. President, I have no objectfon, but I will recommended have hef'n in fot·cc for mnuy ye.:n·s :.Jroong the common car­ a:-;k the Senator from 1\lontana if in hi~ opinion this bil) can ril'rs in tl1f' United ~rates, subject to the peo>i:sious of tile interstate vroperly be dispm.,cd of under the five-minute rule under which commerce act. we are now working. Yct·y truly yours, l\ir. vVALSH. Tho Senator from Mis:-JOuri jtv;t a::.l in the United States. Re<:onfl. time 1t bas been hC'l'e. There was not nny objection to l'l'ior to .July ~0, 1!)24, the railroad manngemeut fllllowed the prac­ any feature of it when it was previom;ly hcfore tile Semite. tice of exchanging pns ~cs with other common C.Rrriers. On that date It hnl'l had very careful consideration at the hands of the the Attome.v General ri!Udered nn opinion that existing law did not committee. ~t was prepared upon the recommendation of the war-rdnt tlle practice. Nutionnl Credit Meu's As:-wciation, and I do not know of u '!'his has worked a hardship on the cmployeefl of the railroad, as it single feature of it that has evoked any opposition at all. d;~pr i\ ·e :; them of the pr·i\·ilcg:e of traveling without co~t on other rail­ l\1r. PHIPPS. Merely on account of my unfamiliarity with roatl:s in the Unitt"d ~antes. Tllis iR a privilege tllat is enjoyed I.Jy all the bill and the fRet thnt it appen.rs to be rather lengthy I othl•r railroad men, and your commit tee feel::; tllnt the employees of doubted whether it could uc properly conside1·ed under this t he Alaska Railroad arc entitled to enjoy all of tlle rights and pri vi­ rule. leges that arc c·xtended to the empluyeL'S of otllcr railroads. 1\.fr. "r ALSR. It is lengthy, anxisting law. from the Committee on the .Tudiciary with amendments. The GoYernment railroad can afford to be as generous in its dealing The nmend roads. "section," to strike out " 15" and insert "14" ; on page 3, Jt shoulll ahw I.Je noted that the bill docs not require the isRuance line 11, after the word "person," to insert "or" ; nnd on page of pas£cs nor compel the inte1·changc of passe::;, lmt merely gives the 4, line a, hefore " (c)," to insert "Sec. 24," so as to make the ruanagf:' mcnt of the ral.lroad authority to do RO in their discretion. bill read: The bill is approvf:'d b,v tlle Secretnry of the Interior, and its adop­ Be it enacted, etc., That s~ction 3 (a), section 14 (b), section 24 (c), N. tion was urged before yonr committee by Mr. W. Smith, the general r;;ectiou 25 (a), section 2D (a), (u), and (d), section 57 (n), section mnnager of the Alaska Uailroall; Mr. W. N. Doak, ">ice pre:sillent and GO (a), and section G-:1: (a) anu (I.J) of nn act entitled "An act to estab­ national legislative reprcsentutin"! of the Brotllerbooll of Railroau lish a uulfom1 systf:'m of bankruptcy throughout the United States," Trainmen ; Mr. D. B. Robei·tson, president of the Brotherhood of· Loco­ approved July 1, 1808, anll acts amen11atory thereof and supplem~ntary motiYe Firemen and Engineers: Mr. H . K Wills, assistant grand chief thereto, l.Je, and the same are hereby, amended anu supplemented as of the Brotherhood of Locomotive En~inef'rs: anu Mr. W. M. Clark, follows: vice president of the Order of Railway Conlluctors. " SEc. :;. (n) Acts of bankruptcy l.J.v a person shall consist of his Tbe <'licct of the enuctrn<'nt of this bill on the financial condition ot haYing ( 1) convcye:d, transferred, concealed, or remoYed, or permitted the .\laRim Railroad is outlined in the following ropo1·t to your com­ to bf' concenled or remoYcd, any part of his property, with intent to mittf'e by the general manager of the road, l\1r. ~ ·ocl W. Smith: hinder, delay, or defraud his creditors, or any of them; or (2) trans· "A review for a period of one ~ · ear immediately following- the dis­ ferred, while imwlvent, any vortion of his property to oue or more or continuance of the pass privileges ~bows that the Alaska Railroad paid his creditors with intent to prefer such creditors over his other tlle railroads of the United StateR from appropriations for the rna inte­ creditors; or (3) suffered or permitted, while insolvent, nny creditor to nance au1l operation of the L\lnska Hailro:Hl, for farf's fot· officers and obtain a preference through legal proceedings, and not having at least employees of the .\lnska Rnilroad b·aveling on officinl lJm;in l'RS, $1,:.!5-:1: . . five days before n sale or final di~position of nny property affected l.Jy rn tbe same period fares to the amount of ~ti0G.fl5 were paid to the such preference ;aca ted or discharged Rucb preference ; or ( 4) sut:rered Alaska Railroau hy persons who, had the proposed law been in effect, or permittec1, while insolvent, any creditor to obtain through legal pro· could legally have been granted free transportation. •rte operation of ceedings any levy, nttachment, juugment, or other llcn, and not having the propof:~ll law, had it !Jeen in efiect, would have pt·ouuced a net gain YU cnted or discharged the same at least five days before the expiration of $::07.05 in fayor of the Alaska Railroad. of four months from the dnte of obtaining such levy, attachment, judg· " We haYe not included as a credit to the railroad tbe reduced rates ment, or other lien; or (5) made a general assignment for the benefit formerly granted by tlle steanu~bip companies, wllich we!e withdrawn of his creditors; or, IJciu~ insolveut, applied {ot· a receh·cr or trustee hv them when the railroad discontinued tlle issuance of passes, as we for his property, or because of insolvency, a recei>er or· trustee has been h.a ve uo assurance theRe corup:lllics will . again grant the::;e reduced put in charge of his property unller the laws of a State, of a 'l'erritory, rateR if the free pnss bill l.Jecomcs a law. If it is aRsnmeu that the or of the United States; ot· (G) admitted in writing his inability to pay reduced rates will again be put into effect, we can increase tlle above his debts and his wlllingnf:'ss to be adjudged u bankrupt on that ground. figures by $780, making a total net gain d or set aside upon the objection n nd P\.ll'JlOKe. through the en:orts and at the cxtwnse of one or morP. creditorR. in the " S1·:c. 24. (c) Appeals nnd reYicws nndcr thi~ section sbnll be taken diilcretion of the court, the reasonable expenses of snch cr!'tlitor or within ~0 days after tile judg-rnPJlt or oruer or other mnHer com­ crctlllors; (u) taxes payable under paragraph (a) hereof; (G) wages pluinPd of ba,; hecn re.nclercd OL' entered. due to workmen, clerks, tm·v!'ling or city salesmen, or servants which "SEC'. 2G. (a) Appeals, nA in equity cuses, may be taken in lmnk­ haYe bc!'n !'arnrod within three months before the een r endered, and mnr be heard nud ueterminccl by the :1mt• are hereby, rc!Jel:!let1. a[lpellnte court in tcnn ot· vacation, ns the case may be. NJ.;c. 4. 'l'hh; act shall take effect and be in force on ancl nfter the " SF.c. 29 (a) A person shall bP. punished, by imprisonment for a CX[Jirntion of three months from the date of its passage nncl approval. period not to exceed flye years, upon conviction of the offenHe of ltav­ iu~ knowingly and fraudulently UPJ1roprlatcd to his own Uf'f', embezzled, 'l'he Rmenurnents were agreed. to. SJHmt, or unlawfully transfcrrecl any property Ol' S"c t·eted or destro.recl The bill was rpportcd to the Senate as amended, and the any clocument l.Jelon~ing to a uankrupt estate which came into his amendments were concurred ·in. chn rge as tru!:ltec, rec!'iver, cu::r. any false clnim for vroof against tbe e.-tate of n bankrupt, or usccl Mr. HEED of PcnnRylvania. Mr. Presiuent, that hill comes nn;r such claim in COIDJJOHition pct't;onally, or by agcut, Jlroxy, or from the committee with an adverse report, anu I move tllat attorney, or as agent, proxy, or attorney, or (4) reccivf'd m1r mnte1·ial it be inuefinitel.v postponed. umonnt of property from a bankrupt after the filing of a petition, The motion was agreed to. with intent to defeat this act; or (G) extortcu or attcmptecl to extort BILL PASSED OVER any money or property from HIIY pen;;on as a considerallon for acting or forl.Jearing to· act in l.Jankruptcy proceedings. The hill ( S. 287G) for the purchase of a tract of land ad­ "(d) A person ~:ill may l>e passed OYer. whe•·c be has been al.JAent from the juriscliction of the court, in which Tllc VIOl<~ PRESIDENT. The l>ill will l>e passed on•r. caHc the time during which such person has been so absent shall not MILITARY RESERVATION OF FORT SAM HOUSTON, TEX. be n part of the period of limitation pre~criiJccl herein. Tlte Senate, as in Committee of the ''Thole, proceeded to con­ "S!!:C. 57. (n) CJajms shall not l.Jc proved against a ba nkrupt cAtnte sider the }Jill (H. R. BDDG) authorizing the Secretary of 'Var sul>soqncnt to six months after the acljudication ; or if they are lic]ui­ to conn•y certain portions of the military reser,ation of Fort datecl IJy litigation and the final judgment therein is rendered within Sam Houston, Tex., to the city of San Antonio. Bexar County, 30 dn.rs before or aftct· tl1e expiration of such time, then within GO Te.·., for street purposes, which was reau,· as follows: dnrs after the rendition of such judg-ment: Provided, T.lJat the right He it enacted, etc., That th!' Secretary of "'ar be, and he is herehy, of infants nnd insane persons without guardians, without notice of authorized to convey to the city of San Antonio, Bexar County, Tex., th!' ]Jroceeuings, may continue six months longer by quitclaim deerl, approximately 52,03-l square feet of the Fort Sam "HEC. GO. (a) A person shall be deemed to have given a preference Houston. Tex., military r eservation for the purpose of making a public . if, b!'i11g insolvent, lle has. within four mouths before the filing of street· out of Army· Boulevard at OL' near the intersection of Broadway the Jldition, or after the filing of the 11etition and before the aJjudica­ (formerly HiYer Avenue), in tile said city of San Antonio, Bexar tion, procured or sut!cred a judgment to l.le entered against llimself in favor of any person, or made a transfer of any of his pt·operty, and Count~', Tex., more particnlarly described as follows: "Beginning at the effect of the enforcement of such judgment or transfer will be a United States monument in the cast property line of Broadway (for­ to !'nal.lle any one of his creditors to obtain a greater percentage of merly Hiver Avenue), Rame b ing the northwest corner of city block No. 38uG;, thence north 8!) degrees 58 minutes east, a distance of bi~ d!'l.Jt than anr other of such creclitors of the snmc class. Where the J•reference conHists in n transfer, snell periocl of four months shall 1,531.5 feet to a TI.nited Stu tcs mouument in the west line of United not expire until four months after the clute of recorcling or registering States Government ret~cnntion: tbenee north 0 degree 2 minutes of the· transfer, if l>y lnw such recoruing or registering is rcquir!'d or west, a distance of 34 feet to a United States monument; thence south permitted. 8!) degrees G8 minutes west, a distance ot 1,281.5 feet to a United States lllonumcnt; thence north 0 degree 2 minutes weRt, a distance " S~!:c. G4. (a) The court shall order the trustee to pay all taxes 8!) legally due and owlng by the uankrupt to the United Stat·!'s, State, of 2:..! feet to a United States monument; thence south degrees 58 minutes west, a distance of 232.1 feet to a United States monu­ count~', clif;trict, or municipality, in the order of priority as sot forth In paragrat•ll (l>) llereof: l'rovi£led, That no order shall be made for ment in the east line of Broadway (formerly RiYer Avenue) ; thence south 17 degrees 42 minutes west, a distance of 58.8 feet, to t!Je place the payment of a tax asse~t~ed against real estate of a bankrupt In excess of tl!e value of the interest of tl!e l.Jaukrupt estate therein ns of l>eginning," subject to such conditionR, restrictions, and reservations dct ermiuctl by the court. as the Secretary of War may impose for the protection or the reserva­ " Upon filing the receipts of tile proper pnbllc otpcers for such pay­ tion and snbject to a perpetual rl~ht of way over said land for the ments, the trustee shall l..Je creclitcu with the amounts ther!'of, m1d in u::~es of any department of the Government of the United States. case any question ariscil as to the ai'nount or lcgallty of such tax the Tile bill wns reported to the Senate "·ithout amendment, snme shnll be heard annt of bankrupt !'Stutes, uncl the orcler of payment shall be (1) the actual :mu neccHRary cost The l>ill (H. R. 7G1G) to amend section 80 of chapter u of of preset·vlng the c~tate subsequent to filing the petition; (2) the filing the Judicial Code of tlle United States was considered as iu fee'l pnicl by c1·editors in involu11tnry cases, and, where property of the Committee of the Whole. hanly the efforts and at tho expense of one or STORAGE OF WATERS OF PECOS RIYER more creditors, the reasonable expense:; of such recovery'; (3) the cost of administration, including the fees and mileage payable to witnesses The l>ill (H. R. 3862) to pro\ide for the storage of the waters as now or hereafter provided by the laws of the Unitecl States, and of the Pecos River was nnnounced as next in order. one rensonable a ltorney's fee, for. the professional services actually Mr. JONES of New Mexico. Mr. Prrsident, the :{}Hrties in­ rendered, irrespective vf the number of attorneys employed, to the terested in that bill arc conferring regaruing an amendment to petHioning creditors in involunta I'.V cases while performing the duties the bill. I ask that it mlly go over. herein orescribcd, and to the bankrupt in voluntary and involuntary The VICiil PRESIDENT. The bill will ue passed ovp~·. CONGRESSIONAL RECORD-· SENATE APRIL 2

FRANK RECTOR Federal Government by vlt·tue ot the rl (lcl~to n Ot the Supreme Court of the United Statl"S in the suit of the ~tate of Oklahoma versus the The bill ( 11. n. 1827) for the relief of Fra.nk Rector was State of Texas, which dechlion was rener, and so my face shines with joy as I look upon you. My pcoplr' hn >c ernment because it has so mneh land; we want the Government to cede it to us; and. then I frequently find bllls here for the never first drawn a bow or fired n g1m u~;ainst the whites. Tlu has purchase of more lands. been tToublo on the line lJctwcen uf", and my young men have d:111ccd Mr. HARRELD. Mr. President, in this particular case the the war dance. nut 1t was not be~;un by us. It was you to scull the first soldic.r and we who sent out the second. Two years ago I came Santa Ysabel Indians have a town which is ri"ht0 at the foot of a mountain. This is an opportunity to buy a valley imme­ upon this road, following tlle lJuffnlo, that my wives anu children might (liately adjoining which is adapted to gardens and. things of have th<·ir checks plump anu their bodies warm. But the soldiers fired on us, and since that time thet·c bas been a noise llke tbut of 1.1 thune breath. I want to die there ann not within IJe appointed by tlle Chair. wnlls. I know every strNim a_nd e><'ry wood between the Rio Grnnde 'The motion was agreed to, and the Vice rre:-;ident appointed uncl tb • Ark:m~;M, I haYe hunted and lived over thnt country. I lived 1\Ir. HAnRELD, 1\Ir. CAMERON, and 1\Ir. K~<:IS"DRICK conferees on lll'c· my fn t h<'rs l.wfot'<' me, nnd, like them, I lived happily. the vart of the Senate. Wllen I was at "'a ~ ltington the Great Father told me that nil the ( 'omnncb!'s· lnnrl "·as onrs and that no one should hinfl<'r us ln living l'RODUCTlO~ OF SULPHUR UPON TilE PUBLIC DOMAIN upon it. So why do you nsk us to le.e the rivers :lDil the sun and the The bill ( S. 3186) to promote tlle production of sulphur upon will() nncl lin~ in hou~ until familiar with the bill; but if the GoYernrucnt of the United we iouers; nre tbey as clear as I am? .d. long tinJ.(' "Unitcrs, anrl tbey are cuttin ~ my "·ood down or le the exclusive right to prospect for sulphur in land~ go. I have the paper given me at ';,ashmgton ever ~h~ce I r ecet.ved it. belonging to the United States located in Louisiana for a period of not (The paper wns a C~J·tiflca ~ e tbnt Ien Dears harl n~ t ted W!lsbmgton, exct:eding two ~- ears: Prot'·ided, That the area to be included in such a tbnt he bad heha-.cd htmself. m a proper man?er, ~nd that he ls a peace- ermlt shall be not exceeding G40 acres of lanc.l in reasonauly compact ful mnu. It directs nil wh1te men not to gn·e btm cause to l>rcak his 11 1orm. worrl.) Sb:C. 2. Upon showing to the satisfaction of the Secretary of the I b~ve gone stt·nlght f:>ver since I recelvf:>tl thnt pnpc1· accot·dlng as Interior that valuuulc deposits of sulphur hn•c l.Jceu disco' e1·ed by the my Great J!'a tllPr adYisecl me to do. lJCrmittee within the area C"overed by his permit, and that the lanu is 1\1 r. HARRELD. 1\Ir. President, the hill ju:-;t acted upon is chiefly valuable therefor, the permittee shall i.le entitled to a lease for a House hill that hns been amended by the Senate. I move any or all of tho lund embraced in the pro~pecting permit, at n. royalty thnt the Senate imdst upon i ts amendment and ask for a con- of 5 per cent of the quantity or gross value of the output of sulphur at ferenee \Yith the House of Uepresentatives upou the Uill and the point of shipment to market, sucll lca$e to be taken in compact 6804 CONGRESSIONAL RECORD-SENATE APRIL 2 form by legal subdivisions of the public-land surveys ; or if the land be Tlle bill hacl been reported from the Committee on Indian not :mrveyed, by survey executed at the cost of the permittee in accord­ Affairs with an amcnument to strike out all after the enact­ ance with reg·n lations prescribed by the Secretary of 1.be Interior: P1·o- ing clause and inr,-ert certain words. 1.lidc£l , Th.'lt whe:re any person having been granted an oil and gas 1\Ir. \VALSH. l\Ir. President, I ask the Senator from Okla­ pc~ rmit malccs a discovery of sulphur in lands covered by said permit homa [Mr. HARRELD] if the substitute offererl by the com­ he shall have tile. same privilege of leasing not to exceed 640 acres ()f mittee ls ln substance like the jurisuictional bills passed a said land under the same terms and conditions as are given a sulphur short wllile ago? permittee under the provisions of tl!ls section. Mr. HARRELD. I think so; and I think it accorus with tlle HEC'. 3. Lands k11own to contain valuable dPposits of sulphur and not suggestions from the Department of the Interior. covered by permits or leases shall be held .subject to lease by the Sec­ 1\ir. W .ALSH. In that ease, Mr. President, I ask unanimous retary of the Interior tllrough adv-ertil'ement, competitive bidding, or consent that the reading of the amendment be dh;pcnsed with. , such other methods as he may by general regulations adopt and in such The VICE PRB~IDENT. Without objection, that order will nre:u~ as be shall fix, not exceeding G40 acres; all leases to be conui- be made. 1ioneu upon the payment by the lessee of such royalty as may be fixed The amendment was to strike out all after the enacting in tire lease and the payment in advance of a rental of 130 cents per clause and to insert : ncre per a1mum, the rental paid for any one year to be credited against the royalties ?.ccruiug for that year. That jurisdiction be, and is hereby, conferred upon the Co.urt or R1::c·. 4. rrom1ecting permits c.r leases may be issued in the dlscte!-ion Claims, notwithstilndlng the lap3e of time or statutes of limitation, to of the Secretary of the Interior unuel· the provi:;ions of this act for bear, examine, and adjudicate and render judgment in any and all dcpo ·its of sulphur in public lands also containing coal or other min­ legal and equitable claims aris.ing under or growing out of any treaty erals on condition thnt such other deposits lle reserved to the United or agreemPnt between the United States and the Sisseton and Wahpeton , States for di po ~a l under applicaLle lnws. Banos of Sioux Indians, o1· axisin~ under or growin~ out of any net of Sr:c. G. The general prot"isions of section 1 and sections 26 to 38, Congress in relation to Indian affairs, which said Sisseton and Wn.llpe­ in c ln~ivc, of the act of Fcbrunry 25, 19:!0, entitled "An act to promote ton Bands of Sioux Indians may have against the Uuited States, the miqing of coal, phosphate, oll, oil E'hale, gas, anu sodium on the which claims have not heretofore been determined and adjudicated on pullllc uomain," are made applicaule to permits and leases undrr this their merits by the Court of Claims or the Supreme Co urt of tbe act, the first and thirty-seventh sections thereof ucing amended to United States: P1 ·ot:ided, 110wevcr, That clairus which were the subjr<'t incltuJc deposits of sulphur, and section 27 being amenucd so as to of a certain suit No. 337"31 in the Court of Claims of the United prol1i1Jit any person, association, or corporation from taldng or holU!ng StateR, whcn•ln the Sisseton and Wahpeton Bands of Sioux Indians more than tllrce sulphur permits or lenses in any one State during the are petitioners and the United States is defendant, may be the subject life of such permits or leases. of a suit de novo and. shall be heard and considered de novo by the· 1.'he amenuments were agreed to. Com·t of Claims in fhc same manner and in effect the same as if said The ·bill wm; rel)orted to the Senate as amended, and the suit had never be()n filed o.r prosecuted 1n said court: Llnd provi-Ma ameudments were concurred in. jurt11er, That the record of all evidence taken and prcsepteu to the The bill '"a::; ordered. to be engrossed for a third. reading, Court uf Claims In said suit No. 33731 may be ofrered in any new read the third time, and. passed.. suit instituted under this act with the same force and effe_ct as if taken and presented in due course of law in such new suit. .AJ>POlNTMEJI.""T AND Rl'.'TIREMENT OF CERTAIN PERSONS AS FIEST Sr..:c. 2. Any r.ncl all claims against the Uniteu States within the LIEUTENANTS, MEDICAL CORPS, UNITED STATF:!:i .ARMY purview of this net shall be forever barred unless suit be instituted or The bill ( S. 2!397) authorizing the President to appoint and petition filed as herein prodded in the Court of Claims within five retire certain per~ons fir:-;t lieutenants in the l\Iedkal Oorp:,;, years from the date of approval of this act, anu such suit shall mal18, in the middle of the war, some' their behalf by an agent chosen by them nnuer the uirection anc.l 17 contract surgeons were permitted to be retired with the approval of tbe Commissioner of Indian Afl'airs and the Secreta1·y of pay and allowances of fir~>Jt lieutenants. The ad, hastily the Interior, as required by existing law. Official letters, papers, clrawn, ,did not gi1e them the rank of first lieutenants on the llocnments, and l"C~cords, or certified copies thereof, may be usc1l in retired list. This bill merely confers upon them the honor of eviuPJ1ce, and the departments of the GoYernment shall giYe acce :;:~s to bein" called fir:-;t lieutenants, which it was thought at the time the attorney or attorneys of saiu Indlnn nation to such treaties, papcrR, tbev"' were getting. It does not au d. any person to the list ; it correspondence, or records as may be needed by the attorney or does not increa~e tl1e allowances of any per:'lon; but it does attorneys of said Indian nation. make them subject to service if the United. States at any time SEc. :::. In saiU suit tbe court shill also hear, examine, consider, should need them. and arljuuicate any claims which the United Statc.s mny lJave against :Mr. KI.~JG. It docs not take oflicers who came in morely for said Indian natio.n, but any payment which may ha'l"e been muclc by the war-eruergeney oilicers-and give them all the retirement the United States upon any claim agRinRt the United States shall not 1rrhilegcs of regular Army officers'! operate as nn estopvel, but mny lle_ plcarted as an offset in such suit. l\lr. HEED of Pennsylvania. l\'"o, Mr. President. ~F.c. 4. That fTom the decision of the Court of Cluims in any snit ::\Ir. KING. I haYe no objection. prosecnteu under the autllority of this act an appeal D1i!Jr 1Jc tnke11 by There bein,.,. no objection, the Senate. as in Committee of the either party, us in other cases, to the Supreme Court of the United Whole, proceeded to cousiucr the bill, which was read, as States. follows : SJ•:C. 5. That upon the final determination of any snit instituted Be it enacted, etc., That the Preslucnt is authorized to appoint any nnucr this act the Court of Claims shall decree such amount or amounts pPrson retirctl UIHler the last proviso of section 1, Chapter XVII, of as it may find reasonable to be paid tbe attomey or nttorneys em­ the act entitleu "An act making appropriations for tllC support of the ployed by the Indians as her~n provided for the s~rvices and expensPS .Army for the fiscnl year ending June 30, 1919," approved July 9, of said attorneys rendered or incurred prior or subsequent to the dnte 1918, a first lieutennnt, l\Iedical Corps, United States Army, and to of approval of this act: P1 · o~;id c d, That in no case shall the ngg1:egate retire sueh person and place him on the retired list of the Army amounts decreed by said Court of Claims for fer.s be in Pxces::; of the as a first lieutenant with the retired pay and allowances of that grade. amount or amounts stipulntf'd in the contract of employment, or in The bill was reported to the Senate without amenumcnt, excess of a snru equal to 10 per cent of the amount of recovery against ordered to be engrossed for a tl1ird reading, read the third the United States, and in no event shaH such amount excceu the sum time, and. passed. of $GO,OOO. INDIAN CLAIMS SEc. 0. The Court of Claims shnlJ hnve full nutl10rity by IJI'opC'r The bill ( S. 2202) to provide that jurisdiction shall be con­ orders and process to bring in and mal\e parties to such suit any other ferrell upon the Court of Claims, notwithstanding the lapse tribes or bands of Indians deemed uy it necrs~ary or proper to the of time or statute::; of liruitntion, to hear, examine, and adju­ fiual determination of the matters in controversy. dicate and render judgment in any and. all legal and. equitable SEc. 7. A. copy of the petition shall iu such case be served upon tho claims arising under or growing out of any h·eaty or agree­ Attorney General of tlle United Stutes, anu lie, or some attorney from ment between the United States and certain bands of In­ the Department of Justice to lJe designated lJy him, is hereby directed dians, and for other purposes, was considered as in Com­ to appf'ar and defend the interests of tlle United Stutes in such case, mittee of the Whole. The amendment was ~greed to. ·1926 CONGRESSIONAL R.ECORD-SENATE 6805

Tile ulll wns reported to the Sen~te as amended, and the additional .compensation as it m~y dcc!Il jn:~t and proper considering arneudment was concurred in. the nature, extent, character, and value or all services rendered, but 'l'lle lJill wa::; ordered to be engrossed for u third reading, rend in no event shall said additional compeusation for tile two attorneys or th.e third tiu1e, and vassed. firms of attorneys lle in excess of 5 per cent of the total amount recovered, includi.llg all compcns::ttion theretofore paid said attorneys: CAS.A GR.\NDE RUINS NATIONAL MONUMENT Prodded, Thut any such additional compensation shall be fixed by said TllC hi1l ( S. 2703) to restore to the public domain certain court in its ilecree and shall be paid lly the Secrel:llry of the Trt'asury Jauds \Yithin the Casu Grande Ruins National Monument, and as herein authorized from the trust funds of said Inuians standing for other ·purpose::;, v;as considered as in Committee of the to their credit in the Treasury of the United States. 1"'lwle. 'l'hc lJill llnlace some be due," nnd to insert "iu the Treasury to the credit of," so lim.it on the size of the fee. as to read: The Senator wlll remember that the committee dld authorize Pt·ovidcd, howeve.t·, That nothing herein contained shall be construed him to accept an amendment on the floor re~toring the Hou.'{e ns conferring jurisome other basis again. I simply Mr. I.1A FOLLETTE. In view of the statement made by the wanted to bring: tllis matter to the attention of the Senate, so Senator I sllall not press for the rejection of the committee that they should share ln the responsibility if they Rid a ~alary of $6.000 a year during five years, or until the annual ~ulary. tuses are ended, so tllat if the litigatiou continues for five years :i\Ir. LA FOLLETTE. And all expenses. they get :j;:~o,ooo. 'l'beu they are entitled to nuotller fee under l\fr. KING. And all expeltR<'S. thC' proYlsious of this bill not exceeding 5 per cent additional. 1\Ir. HARRlroaches, lrss a o H.eprPsentatives and wns referred to the appropriate com­ reasonable deduction for actual tlcpreciution in respeet of such llridge mittee. I nsk that the Rom;e bill 185 be substituted for Sen­ and approucheR, (2) the actual cost of acquiring snch interests in ate bill 1048 on the calendar. real property, (3) actual financing and pt·omotion costs (not to exceed 'l.'lle VIGB PRRSIDENT. Without objection tlle substitution 10 per cent of the sum of the cost of construction of such bridge and will be made. approaches and the acquisition of such interests in real property), Mr. \V ALSH. I now ask that the Senate proceed to the and (4) actual expenditures for necess3ry improvenwnts. consideration of the uill (H. n. 185) authorizing the Secre­ SEC. 4. The said Georg-e Washington-Wakefield Memorial llr:!dge, its tai'Y of the Interior to acquire land and erect a monument on the site of the battle with tbe Sioux Illdians in which the suecessors and assigns, shall, immediately after the completion of such commands of Major H.eno and Major Benteea were engaged. briuge, file with the Secrt>tary of War a sworn itemized· statement Tqere being no ol.>jeetion, the Senate, as in Committee of the showing the actual original cost of c~msl:l:ucting such bridge and ap­ 7 proaches, including the actual cost of acquiring interests in real prop­ \\ hole, proceeded to consider the billJ which was read, as erty and actual financing and promotion costs. Within three years follows: after the completion of such brillge the Secretary of War shall in­ Be it cnactccl, etc., That the Secretary of the Interior is hereby vestigate the actual cost of such lJriuge, and for such purpose tlle authoz·lzed Ullll directed to acquire, by condemnation or otuerwisc., such George Washington-Wakefield Memorial llrid.ge, its succest:~ors and land as m::ty be d<'.emed appr<>priate, not exceeding lGO acres, on the assigns, shall mal'e availalJle to the Secretary of War all of its records t;;lte of tlte lJattlc with the Sioux Inrlia.us in which the comman.us of rn connection with the financing and construction thereof. The findings Maj. Marcus A. Heno and Maj. FreJerick W. Benteen wet·e engaged, of the Secretary of War as to such actual original cost shall be con­ null to erect thereon a suitable monument .and historical tablet. clusive. SflC 2. That there is hereby authorized to be appropriated, out of SEC. 5. The right to sell, assign, transfer, and mortgnge all the any money in the 'l'reasury not otherwise 'appropriated, the sum of rights, powers, and privileges conferred by this .act ll3 hc.reby granted to $2,fl00, or so much thereof us may be necessary to carry out the the said Geo1·ge Washington-Wakefiehl Memorial Bridge, its successors provblons of this act. and assigns, and any corporation to which such rights, powers, and The bill was reported to the Senate without amendment, privileges may be sold., assigned, or transferred, or which shall acqutre ordered to a third reading, rend the third time, and passed. the same by mortgage fot·edo~ure or otherwise, is hereiJy authorizeu The "\ICE PH.ESIDENT. Without objection, a similar !Jill and empowered to exercise the same as fully as though conferred herein on the culeudar, the bill (S. 1048) authorizing the Secretary diroctly upon such corporation. of the Interior to acquire land a11d erect a monument on the SEc. 6. The right to alter, amend, or repeal tltis act is hereby ex­ site of tlle battle with the Sioux Induns in which the commands pressly reserved. of Major RPno and Major Benteen were engaged, will be indefi­ The amendment was agreed to. nitely postponed .. The bill was reported to the Senate as amended, and the GEORGE WASHINGTON-WAKEFIELD MEMORIAL RRIDGE amendment was concuned in. Mr. S\VANSON . l\lr. President, I ask unanimous consent The amendment was ordered to be engrossed .and the bUt for tlw vres('nt consideration of the bill (H. H.. 8!)08) granting to be read a third time. the collSent of Congress to George \Vu~hlngton - \Vakefield Me­ The bill was read the third time and passeastPrn entl of King George County, in the State of Virginia, to a 1\lr. JONES of New 1l.lexico. Yes. point soutll of ropes Creek, in the county of Charles, -in the State of l\Ir. JONES of 'Vashington. I understand the Senator makes :Mn.ryland, in accordance with the provisions of the act entitleu his request with reference to unobjected bills, and that we pro­ "An act to regulate the construction of briugcs over navign.ble waters," ceed, when we returu to the call of the caleudar, beginuing at approveti l\Iorcll 23, 190G, anu subject to the conditions and limitations the point where we left off. contained in this act. The construction of such llridge shall not be Mr. JONES of New Mexico. Yes; that we take up the cal­ commenced, nor shall any alteration of such briUge lle mnue either endar where we leave off to-night. ht>fore or after its completion, until plans and specH\cations for such Mr. BINGHAM. The Senator from Idaho [M·r. Goonrxo] is construction or· alteration shall have been submitted to the Sf'cretary not present. A few moments ago he made a request in reh•1u:d of War and the Chief of Engineers and approveu bJ: them as being to a bill which would not come under that llead. I thi!lk 6808 CONGRESSI0~1-\L llECORD-SENATE APRIL 2 until he returns to the Chamher it would hardly be fair to JDAHO enter into that agreement. . Joseph :\Iorley to be postmaster at l:-;ed to that l)T'OI)()S:tion now. I would suggest that 7, 1026. the l'CIJUPRt he submitted to-morrow when we reach the cal0ndar. Dott R. Adams to he postmaster at Rnt.h:!G. KANSAS PnoMOTro~s IN THE REG"GLAR AR:\iY Laura Kesler to be postmaster at Edoo, Knns., in place of TO HE MAJORS Laura Ke::!ler. Iucnmbent's commis;:;iou expires April 7, 1026. Capt. 'Valter Davis Dabney, Fimmce Department, from l~Jlva M. 'Voodward to be postmaster at Haviland, Kan8., in 1\fR.rch 17, 1926. vlace o£ J<.J. M. \Vood.ward. Iucumbent's <:ommb:sion expires Capt. Percy Gabriel Hoyt, Finance Department, from ~farch AI>ril 7, U126. 20, 1926. Floyd B. Murtin to be potltma:-;ter at Lane, Kans._, in place of G-1pt. 'Villimn AlcxR.IHler 1\lucNicboll, ~""'iuance Department, F. B. :Martin. Iocumbeut's tommi:sHion expires April 7, 102U. from 1\farch 21, 1926. Otto L. ·walmer to be postmaster at Lucas, KanH., in plnce POST~IAS'l'ERS of D. D. Tilzey. IncumbeBt'::; commis::::ion expired January 17, ALABAMA 1026. Henry \Vashbnrn to he postmaster at Mulberry, Kaus., in Kate B. Quillin to be postmaster at Clayton, Ala., in place of place of- Henry 'VashUurn. Illcumbeufs commissiou expires K. B. Qnilliu. Incumbent's commission exvires April 7, 1026. April 7, 1!)26. , John H. 'Valls to be postma!'iter at Guntersville, Ala., in place :Minnie C. True to be postma::;ter at Pitttlburg, Kaus., in place of .J. H. Walls. Incumbent's commission expired. March 10, of M. C. True. Incnmheut's c·ommission expires April 7, J02G. 1926. Exa B. Carroll to he postmaster at Slocomb, Ala., in place of 'VilJiam ~'. Greer to be postmaster at St. l!'rand~, Kans., in place of ,V. ~'. Greer. Incumbent's commist-4ion expires April E. B. Carroll. Incumbent's commission exvires April 7, 1026. 7, 1926. , l Alida J. Cox to he postmaster at Spring Hill, Ala., in place of A. J. Cox. Jncumbeut's commission expiretl December 20, 1925. KENTUCKY William J. Manhy to be postmaster nt La Grnnge, Ky., in CAL1FORN I .A place of ,V. J. Manby. Incumbent's commission expires April John JJ. Pope to be postmaster at Lower I.nke, Calif., in place 7, 192fi. of J. L. Pope. Incumbent's commisi'ion expires April 7, 1926. Hobt'rt H. Ledford. to he postma::::ter at Paiut Lick, Ky., in John R. Chace to be postmaster at San Jose, Calif., in place pluce of R H. Ledford. Incumbent's commi:::; ion expires Avril of J. H. Chace. Incumbent's commission expires April 25. 1!-l2G. 7, 1026. Hoy Bm·knell to 1Je postruai;ter nt Upper Lake, Calif., in place MAT. TE of Hoy Bucknell. Incumbent's commission expires April 7, Mae L. Berry to be pDstmuster at Dcnmnrk, Me., in plnce 1926. Hose 1\kCaun to be postmaster at Portoln, Calif., in place of of 1\1. L. Berry. Incumbent's commission expires April 10, C. J. Firrnstone. Incumbent's commission expired. October 11, 1926. 1{)25. Edward Johnson to be postmaster at 1\fomwn, Me., in place cf 1'~1lward Jollnson. Incumbent's commis~ion expires April COLORADO 10, 1U2G. Mary H .• Cmyie to be postm:-tster at Boulder, Colo., in place MARYLAND of M. H. Cowie. Incumbent's commission expires April 10, Alonzo l\.1. Moore to be postmaster nt Cnmbridge, Md., in 1026. Byron T. Shelton to be postmaster at Hayden, Colo., in place place of A. M. 1\loore. Incumbent's corumis::tion expires Avril of B. T. Sl.lelton. Incumbent's commission expires April 7, 10, 1026. 1926. MTCIIIG.AN · WHliam A. Bagbott to he postmaster at Kit Carson, Colo., in Lewis E. Kephart to be postmaster at Berrien Springs, Mkh., place of ,V. A. Bughott. Incumbent's commisHion expires April in place of L. E. Kepllart. Incumbent's eommiHsion expires 7, 1026. April 10, 1026. CONNECTICUT .Tamr:s R. De.nn to be postmaster at Boyne City, Mich., in place of J; H. Dean. Incumbent's commission expires .April Oliver P. 'l'oop to he postmaster nt South :Manchester, Conn., 7, 1926. in plac-e of 0. F. Toop. Incumbent's commission expires April HcriJert E. McElheny to be postmaster at Gobles, Mich., in 7, 1926. \Villiam P. Gonrlie to be postmaster at Thomp onville, Conn., vlace of H. E. McEllleny. IncumiJent's commisHion expires April 10, 1026. in place of "'· r. Gourlie. Incumbent's commission expires Hurvey Tewksbury to 1Je postmaster at Kingston, Mich., in April 7, 1026. place of Harvey Tewk ·bury. Incumbent's commission expires FLORIDA April 7, 1026. Ira C. \Villiams to be postmaster at Dania, Fla., in place of Florenee J. Truax to be postmaster at Ortonville, ~iich., in H. J. Hen~on, .resigned. place of F. J. Truax. Incumuent's commission expired No­ 1LLINOlS vember 22, 1925. . Orville R. Lane to be postmaster at Fillmore, Ill., in place of Fred J. Smith to be po8tmuster at Pic·kfor<.l, Mit-11., in pluce G . .A. \Vollermnnn, 1·esigned. of F. J. Smith. Incumuent'~:; commission expires April 7, 1026. 1926 COrJGRESSION \_L RECORD-SENATE 6869

Charles P. NP1.mumn to he postmaster at Rochester, 1\Iich., NORTH n'AKOTA in place of C. P. Neumauu. Incumbent's commlssion expires 1\lartln A. \Vahlherg to be postma~ter at Oberon, N. Dale., April 7, Hl2G. in 11lnce of 1\I. A. Wahlberg. Iucmnbent's commission expired MlSSISSIPPI November 18, 1025. Rnmuel ". l'endnnil'l to be pol'tmn.stPr at ~In~nolia, l\Iiss .• Viola Tomlinson to ue postmaster at Orh:;ka. N. Dak., in in t)lace of ~. \V. Peudarvh;. Incumbent's commh;:::;iou expires ulnce of Viola Tomliuson. Iucumbent's commission expires April 7, 1026. April 10, 1026. .Jolm \V. \\'oodward to he postma. ter at Oxford, Miss., in OHIO Jllu<.:e of H. A. Moore. Iucum!Jent's commissiou expired Feb­ James K. Fulks to be postma ·ter at Ada, Ohio, in place of ruary 28, 1\)2(). J. K. Fulks. Ineum!Jcnt'H cornmi:::;sion expires .t.\..IJril 7, lO!.W. MlSSOURI Jolm W. Swing to be postmaster at Bethel, Ohio, in 11laco Yanghu Y. Hammitt to ue vostmnster at Curryville ~ Mo., in of .T. \V. Swing. Incnmbeut's cornmi:::;sion e:xvire::; April 7, place of Y. Y. Hammitt. Iucum!Jent's commission expire::; April 1026. 10, 11)26. J olm R. ·1\Iiller to be postmaster at Franklin, Ohio, in place Wilbnr N. O:::;ltorHe to he postmaster at \Villinm~->ville, Mo., in of J. R. l\liller. Incmn!Jent':::; commission expires .April 7, plate of \Y. N. Osl.>Omc. Iu<:umbeut'::; <:onnnission expired 1026. I Ang:ust !H, 1025. · George ,Y. Burner to he postmaHtcr at Johnstown, Ohio, in NEBRASKA place of G. \V. Burner. lucumbeut':s corumi::;siou expired No­ Yember 23, 1!)25. Alvin 0 . Jones to he poRtmnster at Aires .A.tn·il M.ndge Sweet, rcsignerl. 7, 1020. NEW IIA.MPSHlRE OKLAHOMA Benj:uuin H. Dodge to he postmnster at New Boston, N. H., Thomas L. O~ilvle to he postmaster at Forgan, 'Okla., in place in J1l:l<·e of B. H. Dodge. Ineum!Jent'~ corurnis:::;ion e.xpire

NI<~W JERSEY Thomas J. l\Ic~eely to he vostma!"ter at Goltry, Okla. Office Georg-e E. 011dyko to ue postmaster nt LmuUug, N. J., in uecame presidential October 1, 1024. pluee of G. E. Op

LXVII--4~ '6810 co::NGRESSION AL R.ECORD-SENATE APRIL 3 James W. Jo1mson to be pc;stmaster at Italy, Tex., 1n place ·wm F. Sherwcod, Petersburg. of J . "r. Johnson. Incumbent's commission e::o..--pires April 10, Helen M:. Ruef, Sewanee. 192G. John A. Wilson, Sharon. Ada H. Worley to be postmaster at l\Ialone, Tex., in place of Ocie C. Hawkins, Stanton. A. H. ·worley. Incumbent's commi~->sion expires April 10, 1:)26. ~'reel Hawkins, Tellico Plains. 'l'homas J. Bailey to be postmaster at R~yse City, Tex., in Warren S. Yell, 'Vartruc~. place of T. J. Bailey. IncumlJcnt's commission explres April 10, 1!320. Jolni l!,. Warri.c.gton to be postmaster at Valley l\Iil)s, Tex., SENATE in place of J. l!""'. \Yarrington. Incumbent's commission expires April 10, 1!32G. SATUTIDAY, April 3, 19£6 VffiGI:NI.A The Chaplain, Rev. J. J. l\Iuir, D. D., offcreu the following Edward A. Lindsey to ue postmaster at Boyce, Ya., in place prayer : of E. A. Lindsey. In<.:umbent's commission expires April 10, l!J2G. Our Father, revealed to us in Jesus Christ, Thy Son, we CllarJes E. D. Burtis to be postmaster at Bumpass, Ya., in thank 'l'hec for all the hallowed assodutio,ns which gather place of C. E. D. Bm·tis. Incum!Jent's commission expires April about these dnys, and that to-mo TOW it will be our high privi­ 10, 1!)2{), lege of rm!lerubering- Him '"ho died for oar sins and rose again Otis H. Thornhill to be postmaster at Culpeper, Va., in place for our jm-1tification. We pra y that our hearts may be singu­ of 0. R. Thornt.ill. Incumbent's commission expires April l:lrly susceptible to every h a llowed intlueace on that day; and 10, 192G. while there may be those sorrowing uud crying- for the touch of a vanislled hand and the sonnd of a voice that is still, may Lucy C. Alphin to be postmaster at Hot Sprin~s, Va., in place of L. C. A,Ipllin. Inr·umbent's commission expires April 10, the comfort of Thy love, 0 Uhrist, minister to thoRe broken 1!>20. homes, we beseech of Thee. And may there be given to rach one of us here a Aiucere pnrpo!-:e of making our lives gladder, I,ilJy G. Cook to be postmaster at l\Iadi~on, Va .. in place of L. G. Cook. Incnmbent's commission expires April 10, 1U2G. more hopeful, and fill€cl with the joy of Thy salvation, so that Hobert E. Newm:m to be postmaster at l\lanassas, Va., in whutev"r we moy clo may he to 'l'hy glory and the prosperity place of R. E. Newman. Incumbent's commission expires April of our loved lantl. \Ve ask in Jesus Chri::;t's name. Amen. 10, 19ZG. The Chief Clerk proceeded to r eau the Journal of yestPr­ Hyl,ester A. Ratliff to be postmaster at Norton, Va., in place clay's proceedings, wllen, on request of l\1r. CURTIS and hy of S. A. Ratlifr. Incumbent's commission expires April 10, unanimom1 consent, the further r eading was disvenscmber 22. 1925. Copelanu llancld Neely Swanson Couzens Hnl'l'is Norris Trnmmell Funny I. Jennin~s to be pm:;tmnster nt St)nnglc, WaAh., 1n place of l!'. I. Jennings. IncumlJent's commis::;ion expires April S~~~~ins H~fitlson ~;\3ie \\~~~s~~orth 3, 1926. Dale Howell Overman Wan·en Dill .Johnson Phipps Wat~>on WEST VITICINIA Edge Jones, N. ]\fi'X. T'1ne Wheeler Euwards ,Jon<'s, \\'n.sb. Pittman Williams Mnry R. 'Volfe to be postmaster at Mount Clare, W. Va., in Ernst Kendrick ltan:>dcll Willis pl~ce of W. W. 'Volfe, reruovctL Mr. OURTIS. I desire to announce tlle absence of my col­ WISCO:"~;SI:N league [:Mr. CAPPER] on account of illness in his family. I will Orrin W. Groot to he postmaster at Elmwood, \Vis., in plaro let thls announcement stand for the dny. of 0. ,V. Groot. Incumbent's commission expires April 7, The VICE PRI.;SIDENT. J.Jighty Senators having answered Jt>2G. to their names, a l}uormn is present. John H. Zahrtc t.o bo postmaster at Sparta, \Vis., in place PETITIONS of J. H. Zahrte. Int:umbent's commission explrc.'1 April 7, 1!>26. Ernest L. l\Iessei' to be postmaster at Unity, Wis., in place of Mr. WILLIS. l\fr. President, I ha\c received a very inter­ E. L. Messer. Incumbent's commission ex11lres April 7, 1!>26. esting tcl~