l~lL CONGRESSIONAL "RECORD- ROUSE. 1995
CO'NNECTIC'U'l'. SOUTH :])AKOTA. Ira E. Ricks, New Britain. Cyrus B. Williamso~ Watertown. 'Courtland ·c. Potter, Mystic. .TEXAS. -George T. Schlueter, Darien. .Evans H. Angell, Kilgore. Frederick L. Scott, Farmington. Clarence W . .Atchison, Junction. ·GEORGIA. S. T. Blackwell, Celeste. Clifford H. [)ya.r, .Ada1rs.ville. George W. Br.own, Devine. Leander .A. :Canada, Morgan. JDARO. .John J . Cypert_, HillsboTo. Daniel C. Burr, Genesee. W illia.m H. Ingerton, .Amarillo. Orville J . Butler, Harrison. William P_ Lace, Burleson. W. Yan Iorns, "Hagerman. William, G . .McClain, Waxahachie. "ILLINOIS. Laura M. Poe, Santa .Anna. .A. Leslie Bowling, 'Eqaality. Elizabeth Rhea, ·Groesbeck. EdwaFd D. 'Cook, Piper Oity. Jay S . .Richard, Itasca. William L. Jones, Lebanon. William E . Sayers, B.ay City. Frank G. Robinson, El Paso. Hugo E. Schuchard, 1\Ien.a.rd. 'Thomas H. 'Stokes, Lincoln. ,Seth B. Strong~ Houston. .Fr.ank P. :Varley, ·Collinsville. INDIANA. Geo.i:ge S. Zeigler, Eagle Lake. .James P. Clark, .Morocco. VIRGINIA. 'Samuel ..A. Connelly, Upland. .J. W. Hubbard, Honaker. James A. Long, Wingate. James H. Sumpter, Floyd. Willard Lucas, New Haven. ·Calvin .Myers, Frances-.ille. WISCONSIN. William E. Netherton, ·winamac. "Thomas G. Aiken, Onalaska. Edward Patton, Weedersburg. Francis R . Dittmer, Seymour. Thomas Rudd, Butler. Charles Kimnach, .Cudahy. ..John ·L. Sharp, Pennville. James W . Meikle.john, Waupun. 01.inton T. Sherwood, Linton. Emory A. Odell, 1\Ionroe. DaTI.d L. Snowden, .Andrews. Albert H.-Tarnutzer, Prairie du .Sac. Albert J~ Topp, W,aterford. IDWA. J=n mes M. Burroughs, Springville. George W. Irwin, Merrill. WITHDR.AWAL. Benjamin R . Tamp1in, Hull. Preston 'T. W aples, Castana. _FJ:JJecutive nomination wi.thd-r.awn Feor.tiary 6, 1.911. KANSAS. J"erome W • .Jones 'to be _postmaster .at "Brook.field_, Mo. Elmer .Alban, Westphalia.. Pa:n1 0. Coons~ Spring IIil1. F.red C. Oehler, Cherryvale. .REJECTION. KENTUCKY, · Executive nomination rejected by .the .Senate February 6., 1911. 1.Belle Flanery, Prestonshorg. Elmer B. Colwell '.to be United States marshal f or the district "MINNESOTA. 'i-0f Oregon. Leonard Sco,tt, Deer Rh-er. • MISSOURI. HOUSE DF REPRESENTATIVES. 'C. E. Oden, Cainesville. MoNDAY, February -0, 1_911. MONTANA.. .MeJ vin Rowe, Cascade. .The "l;louse met at 12 o'clock noon. "James N. Starbuck, "Valier.. The Ob.aJ)lain, Rev. Hemy N. Couden, D.. D., -Offered the fo1- h"'ERRASKA. lowmg prayer: Nellie .Strain_, Chester. Our God and om· heavenly F.ather, whose spirit is iever m touch with those who :are susceptible, i>pen Thou --our minds NEW J"ERSEY. :and hearts that we may be susceJ)ti:ble to its .hol_y ;influence .J:a. mes F . "Beardsley, Pompton Lakes. :and be guided in all ·
r 1998 CONGRESSIONAI RECORD-HOUSE. FEBRUARY 6,
offers an amendment authorizing the Judiciary Committee to Mr. OL.l\ISTED. The chairman of any standing committee proceed by subcommittee. _ can administer oaths. Mr. GARDNER of Massachusetts. I modify my resolution Mr. GARDNER of Massachusetts. l\.fr. Speaker, unless to that extent. somebody else wishes to say a word, I move the previous ques Mr. MANN. - The gentleman can not modify his resolution tion. without unanimous consent. What is the modification pro The question was taken, and the previous question was posed? ordered. Mr. GARDNER of Massachusetts. The modi.fi~ation proposed The resolution was agreed to. is that the Judiciary Committee may proceed by subcommit- tee. . BEAR ADMIBAL CHARLES WILKES. The SPEAKER. The Clerk will report the resolution as The SPEAKER. The Clerk will call the first bill on the amended. Unanimous Consent Calendar. The Clerk read as follows : The Clerk read as follows : Amend so as to read : " and to proceed by subcommittee to summon A bill (H. R. 25981) to authorize the Secretary of the Navy to erect witnesses on oath," and change the date to February 18, 191·1, so as to a suitable monument over the grave of Rear Admiral Charles Wilkes, make the resolution read : United States Navy, iQ. the national cemetery at Arlin~on, Va. "Resolved, That the matter brought to the attention of the House by the gentleman from Arkansas [~fr. MACON] be referred to the Com The Clerk read the bill at length. mittee ou the Judiciary, witp authority to send for persons and papers and to proceed by subcommittee to examine witnesses upon oath, and Mr. l\1Al~. Mr. Speaker, I reserve the right to object. with instructions to report not later than February 18, 1911." Mr. OLCOTT. Mr. Speaker, I introduced this bill for the erection of a proper monument in Arlington Cemetery over the Mr. PARKER. I suggest, Mr. Speaker, that· the words "or grave of Rear Admiral Charles Wilkes. It seems to me that in committee" be inserted, as well as the words " by subcommit view of the fact that this distinguished officer of the Navy lies tee," so that it can be done any way that is necessary. in an unmarked grave, it is a proper subject for congressional l\Ir. GARRETT. Will the gentleman yield? action. I think that this is a proper time to consider this bill, Mr. GARDNER of Massachusetts. I yield to the gentleman and therefore I hope the gentleman·from Illinois will not object from Tennessee. . to its consideration. Mr. GARRE'l'T. I want to ask the gentleman from Massa- Mr. MANN. Mr. . Speaker, a similar proposition was before chusetts [l\Ir. GARDNER] if he does not think the resolution the House recently, introduced by the gentleman from Mich should include a direction as to what matters the committee is igan [Mr. GARDNER], for unanimous consent, to which I ob to report on. jected. I do not undertake to say how far the Government Mr. GARDNER of Massachusetts. I think not, Mr. Speaker. ought to go in erecting a monument or memorial tablet in Ar ~ I wish it to proceed as other investigations of this same sort lington Cemetery, but it is quite certain that if the Govern have proceeded, so that the Judiciary Committee, if they ment undertakes it it ought to be on some we.ll-defined plan, so find reason, may bring in a resolution which they can pre that we will not be called upon in one case to appropriate $500 sent to the House as to what action it is fitting for the House and in another $1,500, as is proposed here, and in another to take. $5,000, as was proposed in ·the bill · of the gentleman Mr. GARRETT. The gentleman thinks that there is no ques from Michigan, and for the present I shall be compelled to tion but that the Judiciary Committee would have that author object. 1 ity under his resolution? The SPEAKER. Objection is heard. The Clerk will call the Mr. GARDNER of Massachusetts. I should say that a reso next bill. lution arising upon a report regarding a ma.tier of privilege of the House was itself a matter involving the privileges of the HOMESTEADERS. House, and therefore-- · The next bill on the Unanimous Consent Calendar was the Mr. GARRETT. The joint resolution .does not recite that the bill ( S. 8916) to extend the time of certain -homesteaders to privileges of the House are involved. establish a residence on their lands. Mr. KEIFER rose. The Clerk read the bill; as follows: Mr.· GARDNER of Massachusetts. Will the gentleman from Be it enacted, etc., That all persons who have heretofore filed de- Ohio allow me to answer the gentleman from Tennessee? - claratory statements or made homestead entries in the States of North Mr. KEIFER. Certainly. Dakota, South Dakota, Nebraska, Idaho, Montana, Colorado, Utah, ion would Wyoming, Minnesota, Washington, and Oregon, and the Territories of l\.fr. GARDNER... Of Massachusetts. My resolut Arizona and New Mexico, where the period in which they were or are have no standing if I had not introduced it as involving a ques- required by law to make entry under such declaratory statements or tion of the privileges of the House. · to establish residence expired or expires after December 1, 1910, are hereby granted until May 15, 1911, within which to make such entry Mr. GARRETT. That is very true, but the resolution does or establish such residence upon the lands so entered by them: Pro- . not show that on its face. vided, That th.is extension of time shall not shorten either the period ,....,. S k I t of commutation or actual residence required by the homestead law : Mr. GARDNER of M assach usett s. .1.ur. pea er, can no Provided further, That this act shall not be construed to defeat an hear the gentleman from Tennessee. adverse claim established by entry, or settlement and residence, after Mr. GARRETT. I _ say the resolution does not show that the expiration of the time allowed for the making of entry under a on its face, that it involves a privileged matter. soldiers' declaratory statement and the soldier has failed to make entry Up and establish residence on the land. Mr. GARDNER of Massachusetts. I think the gentleman is SEc. 2. That homestead entrymen or settlers upon the public domain mistaken. I think the subject matter which is referred to in in the States and Territories above named be, and the same are hereby, the resolution involves a privileged matter, to wit, the matter relieved from the necessity of residence upon their lands from the date of tbe approval of this act to May 15, 1911 : P1·ovi ded, That tbe time ' brought forward by the gentleman from Arkansas [l\Ir. MACON]. of actual residence during the period named sP.aU not be deducted from It . involves a question of the privileges of the House. If the the full time of residence required by 18:w· gentleman from Tennessee wishes to draw up a preamble to the With the followmg committee amendments: resolution I have no objection. Line 5 page 2, strike out all after the word " further " down to and Mr. GARRETT. I do not care to do that. I think this, how includind the word "land," line 10, and insert the following: ever: I do not wish to be hypercritical, but the gentleman's "That this act shall not affect an adverse claim initiated prior to the passage of the act and after the expiration of the time allowed an resolution read in this way: entryman for establishing residence on the land. " Resolved, That the matter brought to the attention of the House by Line 19, page 2, strike out _the word " residence " and insert the the gentleman from Arkansas [Mr. MACON], etc.- word " absence." . and he does not say what was the matter brought to the atten Mr. FITZGERALD. Mr. Speaker, reserving the right to ob tion of the House. It is loose in that regard. ject, I want to ask why the States of Minnesota, Washington, Mr. GARDNER of Massachusetts. It does not recite it ver and Oregon are included. batim. That is correct. Now I yield to the gentleman from Mr. PRAY. As I recollect, they were retained in the bill Ohio. because Members from those St.ates requested it. The question Mr. KEIFER. I notice that the resolution authorizes a com was considered in the committee. mittee or subcommittee to proceed to examine ·witnesses under Mr. FITZGERALD. But the condition in those States is not oath and send perhaps for persons and papers. There is no similar ·to the condition in these other States. provision in the resolution authorizing anybody to administer Mr. PRAY. I do not know precisely as to that, but think con oaths. I ask if that is not unusual. ditions were generally the same. I do know in regard to my Mr. MANN. That is authorized by the statutes. own State, Montana, also Idaho, Wyoming, and some of the :lo.fr. KEH,ER. If that is true, it is all right; but I think it others, that it was on account of unusual drouth conditions ex is not. - isting during the entire summer. 1911. CONGRESSIONAL RECORD-HOUSE .. r199g
In many localities in the West no such season has been known Mr. l\IANN. I have no doubt about that. in 30 years, and it has been followed bY. a winter of unusual Mr. MONDELL. And the Member from Minnesota on the severity. In -hundreds of instances settlers were unable. to committee felt that the State of Minnesota should re~ain in establish residence upon their homesteads within the period the bill because of the conditions existing there. It was also fixed by law, and those who had already established residence stated before the committee that there were conditions in were met with a total crop failure, and were therefore unable Oregon and Washington warranting the retention of those to maintain themselves and in no position whatever to con States within the provisions of the bill. . tinue their residence upon the land during the winter Mr. FITZGERALD. Well, if it is fair to do this in one State, months. . it is fair to do it in the others, I think. _ My report on the bill describes conditions. It was a unani Mr. MONDELL. Where the conditions are approximately the mous report, and contains a letter from the Se~reta!Y. of the same. Interior favoring the passage of the bill. I consider it rmpera Mr. l\lA..i"\fN. We have passed the same bill every year now for tive that homesteaders should be granted the relief the passage many years. of this measure will n.fford. Mr. MONDELL. Not eyery year . . Mr. FITZGERALD. It ·is true of the States named in the Mr. lt!TZGERALD. Oh, the gentleman from Illinois is ex bill originally introduced and reported upon by the Secretary aggerating what we have done, and it does not help this case of the Interior, but that condition is not true in regard to the any. States first mentioned by me. I wW3h to know why these States Mr. l\IONDELL. I want to say to the gentleman that the con were included in the bill. ditions this year are very unusual over a large portion of this Mr. PR.AY. I will say that I think it was also on the recom country. A drought the like of which we have not had in the mendation of the Secretary of the Interior.; his report, I memory of the oldest inhabitant covered the greater portion of believe, included those States. this territory last year, making it almost impossible for many Ur. FITZGERALD. I beg the gentleman's pardon, but his of the entrymen to get upon their lands or to do the t.b.ings report does not include those States. I have his report in my requisite for their remaining upon the lands during the winter. hand. - They raised no crops. It was utterly impossible for them to Ur. PRAY. It was also on the request of Members from remain upon their land, and if they do not have this legislation those States. The Senate committee included them. The sub- many of these entrymen will be subject to contest. The gentle . ject was discussed in the House committee, and the Members man from New York, I ·am sure, does not want to subject these from Minnesota [l\Ir. VOLSTEAD] and from Washington [Mr. men to contest proceedings. · l\IcC&EDIE] both desired to have their States included. They l\lr. FITZGERALD. My attention was attracted to this bill are familiar with conditions, which, I be1ieYe, were very much by the fact that the House committee referred the House bill the same throughout the West. · to the Department of the Interior, which did not include l\!r. HAMER.. Mr. Speaker, I remember the hearings before the States, and then reports favorably the Senate bill, which the committee. This legislation was proposed because of the did include the States mentioned, and having some views conditions that existed in the States named during the season as to the way some things are done in some places,_I wanted just passed. It was drought in some States and severe winters to know if there were any real excuse for the inclusion of in others. There- was a severe winter prevailed in Minnesota, these States which are in the Senate bill but not in the House and no doubt, the drought in Oregon. bill. Mr. FITZGERALD. The gentleman is mistaken. The bill Mr. MONDELL. When I introduced the House bill· I was not is to permit persons to go off the homestead during the severe acquainted with the conditions in Minnesota or in the Pacific winter and earn money because of the failure of the crops coast States as well as I was with the conditions in the States on the homestead during the summer season, because of exces named in the bill. Of course I did not include them in the sive drought. original bill, which was sent to the departments-; When the The mere fact that the winter is severe was not the induc Senate acted upon the matter they included other States and ing cause to permit them to go away from their homesteads. we came to the conclusion the other States ought to be pro That is not the inducing cause for the former _legislation, and vided for. it is not the reason assigned by the Secretary of the Interior Mr. MA~'N. I agree with the gentleman. for recommending the passage of this bill. These States evi The SPE.A.KElR Is there objection? dently have crept into this bill after it was reported on· by Mr. COOPER of Wisconsin. l\!r. Speaker, I would ask the the Department of the Interior. Unless there is some suitable gentleman, How do you initiate an adYerse claim? reason advanced for it-- Mr. l\IONDELL. By contest proceedings; that is, by making Mr. MONDELL. To what States does the gentleman refer? an affidavit to certain facts. Mr. HAMER.. Minnesota, Washington, and Oregon. " Mr. COOPER. of Wisconsin. Making affidavit that the original Mr. LINDBERGH. Mr. Speaker, I will state to the gen entryman-- · tleman from New York that in the northern part of :Minnesota Mr. 1\10?-."'DELL. Had in some way failed to comply with the they had a severe drought last summer that did destroy the law. crops of a great many people there. 1\Ir. COOPER of Wisconsin. That initiates an adverse claim? Several Members rose. Mr. MONDELL. Yes. The SPEAKER.. To whom does the gentleman yield? The SPEAKER Is there objection? [After a pause.] The Mr. FITZGER.ALD. I yield to anybody who will gire the Chair hears none. information that I am after. The amendment was agreed to, the bill as amended was Mr. MONDELL. What is the gentleman's question? ordered to be read a third time, was read the third time, and Mr. FITZGERALD. Mr. Speaker, I wish to ascertaµi why passed. · the States of Minnesota, Oregon, and Washington are included in this bill. · VACANCY, BOARD OF REGENTS, SMITHSONIAN INSTITUTION. Mr. MONDELL. Mr. Speaker, the gentleman from Minne The· next business on the Calendar for Unanimous Consent sota [Mr. VOLSTEAD], a member of the Committee on Public was Senate joint resolution 133. Lands requested that Minnesota be included, because of the The Clerk read as follows : conditlons existing there, similar to the conditions existing in the other States. Joint resolution ( S. J. Res. 133) providing for the filling of a vacancy to occur on January 23, 1911, in the Board of R~gents of the Smith Mr. MANN. Before the gentleman goes further with that ex sonian Institution of the class other than Members of Congress. planation, permit me· to suggest to him that this is 8: Senate Resol-i;ed, etc., That the vacancy which will occur o·n January 23, bill and that Washington, Minnesota, and Oregon were mcluded 1911 in the Board of Regents of the Smithsonian Institution, of the in the Senate. · class' other than Members of Congress, shall be filled by the reappoint ment of James B. Angell, of Michigan, whose term of office will expire Mr. MONDELL. I am speaking of the House. on that date. Mr. MANN. But the House took no action on the subject, and neither did the House committee. The SPEAKER. Is there objection? Mr. MONDELL. 0 Mr. Speaker, as chairman of the House Mr. STAFFOR.D. 1\Ir. Speaker, reserving the right to object, committee- I would like to have some explanation of the reason why a spe .Mr. MANN. Did the House amend the bill? cial enactment is necessary to continue President Angell as a Mr. MONDELL. The House committee very carefully con member of the Board of Regents of the Smithsonian Institution. sidered every State named in .the bill, as to whether or not Mr. McCALL. That is the law. it was proper to haye that particular State remain in the Mr. MANN. Certain members of the Board of R.egents are bill. appointed outside of the Members of Congress, and the law: XLVI--12G 0000 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6, pr.ovides that they shall be appolnted ·bjr Congre.s.s. This is the cb.Rpter 108 o:f nn act approved May 28, ~. -page 145, yolu:me usual resoluti-o.n. . 21, United States :Statutes at Large. The bill was read, as Mr. TAFFORD. It .m~rely continues bim :ID the office as a follows: · · tegent. .B£ -it oiacteil, etc." 'I'hat section 3287 of the Revised Statutes of tthe 1\Ir. MANN. It simply -appoints bim. It has been the custom United States, £.S amended by section ·6 o1 chnpter 108 Qf an. act ap to t'eappoint the members. Mr. .Speaker~ I move to amend the p.roV'ed May 28, 1889,. on page145 Qf volu . m~ 21, Unit-erl 'States 'Statuhis at Large, be,, and rue same 1s hereby, amen-ded .so .as to rearl. as :fol bill by striking out, in line 3, the words ~· will occur u and insert lows: ing the 'WQrd "'' QCcurred." "Provided further, That alcohol or high-proof spirits withdrawn free The SPEAKER. Is there objection to the . eonsideration of ol tax for the use of the United States, as authorized by .section 3464, Re>vise
Now, what is the purpose of this bill? l\fr. IDLL. These men are assigned indiscriminately as store Mr. HILL. The purpose of this bill, Mr. Chairman and gen keepers, gaugers, and storekeeper-gaugers. tleman, is to enable the Internal Revenue Office to get competent Mr. MANN. I have no objection to their being classified in service and assistance in the protection of the revenue. that way, but if they are so classified under existing law my Mr." MANN. That is not the purpose of the bill. What is the amendment would not change it. purpose of it? Mr. HILL. I ask to have the amendment modified in that Mr. HILL. That is the purpose of the bill. If the gentle way, so that it will read "storekeepers, gaugers, and store- . man will pardon me and let me inake a further explanation, I keeper-gaugers." . think he will concede I am right Every Secretary of the Mr. MANN. I will consent to the modification. . Treasury for a number of years past has ;iskoo to have this The SPEAKER pro tempore. The Clerk will report the modi provision of $2 a day changed to $3 a day. There are about fication. 275 persons affected. The Clerk read as follows : Mr. l\1ANN. Is that the purpose of the bill? Modify the amendment so that 1t will read " storekeepers, gaugers, Mr. HILL. That is the purpose of the bill, to change this and storekeeper-gaugers." from $2 a day to $3 a day. The SPEAKER pro tempore. The question is on the amend Mr. MANN. The law now provi{J.es that storekeepers and ment. gaugers assigned to distilleries whose registered capacity is The amendment was agreed to. 20 bushels or less shall receive $2 a day. · The bill now pro Mr. LANGLEY. Mr. Speaker, I had the honor of introducing vides that storekeepers or gaugers, without any limitation as this bill, and I want to take advantage of this opportunity to to which one they are, shall receive not less than $3 a day. say a few words in behalf of these very much overworked and That gives to the Secretary authority to fix salaries as he underpaid public servants whose compensation will be slightly pleases. . increased if the measure is enacted into law. Shortly after I Mr. HILL. No; there is another limitation in another part firs.t became a Member of this House my attention was called of the bill. by the then Commissioner. of Internal Revenue to the discrimi l\lr. MANN. This repeals everything. nation that was made against these employees, and the more I Mr. HILL. It simply strikes out the "two." . investigated it the more I was surprised that Congress had Mr. MANN. The gentleman is mistaken about that. The permitted this discrimination to continue for so long. I intro provision in the legislative act only provides that storekeepers, duced a measure similar to this one in the Sixtieth Congress, and storekeeper-gaugers, at distilleries whose registered ca and it was favorably reported, but died on the calendar at the pacity is 20 bushels or less. close of that Congress. I also introduced in the Sixtieth Con Now, you amend it so as to cover all storekeepers and store gress, and again in the Sixty-first, the measure which has already . keeper-ga ugers. become a law, reimbursing these employees for their expenses Mr. HILL. There is another act which provides that they in going to and returning from assignments and allowing them shall not exceed $5 a day, and the Treasury regulation has a per diem while so traveling, a provision which has long ap fixed it in these distilleries at $4 a day. plied to employees in the field service in other branches of the Mr. MANN. -But this would repeal all that. Government. I also introduced, and had the pleasure of assisting Mr. LANGLEY. I think the gentleman is mistaken about in passing, the bill granting them annual leave with pay, as in that the case of other Government employees. There is still another Mr. HILL. The provision of the appropriation bill to which discrimination against them which ought to be remedied, and the gentleman refers was an amendment of that act which pro which I shall seek to have remedied, and that is that they are vided that in distilleries not exceeding 20 bushels a day capacity not allowed sick leave with pay, as other employees a.re. These the rate should be fixed arbitrarily by statute at $2 a day. things are all the more surprising in view of the very small Now this steps in and repeals only the $2 a day provision and compensation they receive, but I will not take up more time on makes it not less than $3 a day. these other matters, but will discuss briefly the merits of this l\fr. LANGLEY. Leaving the rates in these cases, as in all bill proposing to increase their compensation from $2 to $3 a others, to be governed by the regulations of the department, day. subject to the maximum and miniillum limits provided by In the first place, it is an economical proposition, from the statute. standpoint of the Government. The Commissioner of Internal Mr. MANN. If that is the intention of the bill, will the gen ReYenue stated before the committee, as shown in its report, tleman be willing to have tl:ie bill read in the language that the that the improvement in the personnel of the force which will law now is, "and hereafter storekeepers and storekeeper result from· this increase in compensation will save revenue for gaugers assigned to distilleries wh1ch have a registered capacity the Government which will much more than offset the additional of 20 bushels or less shall receive not to exceed $3 per day for cost involved. But, aside from the question of economy, I advo services?" cate the bill as a matter of justice. I know from personal Mr. LANGLEY. I think I would be in favor of that, if I observation something about the conditions under which these understand the purport of the language suggested. - men serve at these small distilleries and the onerous character Mr. HILL. Not the slightest objection. of the duties they perform. The accommodations at the distil Mr. LANGLEY. I think the law would be so construed, leries are in most cases very poor, and during the winter sea anyway, by the department. son at least they are necessarily more or less exposed. The . The SPEAKER pro tempore. Is there objection to the buildings are, as a rule, insanitary, ill lighted, and poorly venti consideration of the bill? [After a pause.] The Chair hears lated. In addition to this, the duties that they perform are, as none. a rule, more onerous and the responsibility greater than are Mr. MANN. Then, Mr. Speaker, I offer the following amend- those of similar employees at the larger distilleries, and yet they ment. only receive half as much. Not only that, but out of this $2 a The Clerk read as follows : day they have to pay their board, which ranges in price from Strike out lines 3, 4, and 5, on page 2, and insert the following: 50 cents to $1 a day, leanng them only from $1 to $1.50 a day " Hereafter storekeepers or storekeeper-gaugers who are assigned to upon which to support themselves and their families. It is not distilleries with a registered capacity of 20 bushels or less shall re ceive not to exceed $3 a day for services." uncommon that the distilleries are located in isolated places, so that they have to walk from 5 to 10 miles each day in going to Mr. STAFFORD. l\fr. Speaker, I would like to ask the gen and returning from their boarding places. I happen to know tleman ·from Illinois if the . persons to whom his amendment one instance in which the only place that one of these employees applies are the persons mentioned in the bill? .... could get to board was in a cabin of one room occupied by a l\Ir. MA.1\TN. In the language of the existing law they are man and his wife and six children. storekeepers and storekeeper-gaugers. I followed that lan There is another point I desire to mention, and that is that guage and there is no purpose to change the description. comparatively few of these men are employed all the year Mr. STAFFORD. The language in the bill reports three round. Their employment is more or less intermittent, depend classes. ing upon how long the distilleries may continue in operation. Mr. HILL. And it should read three classes. Sometimes they run for only a short time, and then shut down, Mr. MANN. Tlmy classify them under this law as storekeep and the man must remain out of employment, if he continues ers and storekeeper-gaugers. in the service, until there is a chance for another assignment. Mr. LANG:t..EY. But that was an error. I had occasion not The employment of the entire force averages, so I am told by the Jong ago to investigate that question, and the Commissioner of Commissioner of Internal Revenue, about nine and one-half Internal Revenue told me that there a.re three classes-store- months a year. At their present rate of compensation they keepers, ga ugers, and storekeeper-ga ugers. · can not earn. as much as $500 du.ring that time. They are not 2002 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6, permitted to engage in any other business while they are on thereto be reserved to the War Department in order that harbor boats stationed 1n the artillery district of New London may tie up there when duty, and, although they can get permission to engage in other necessary." · business while not on duty, it will be readily seen that this permission is, as a rule, of little value to them, because they do The SPEAKER pro tempore. Is there objection to the con not know when they may be reassigned. sideration of this bill? Another point: They have to work longer hours than other Mr. SULZER. Mr. Speaker, reserving the right to object, I Government employees. If there is no breakdown in the dis would like to have some explanation. tillery they usually get through their day's work in 10 or 12 Mr. TILSON. l\fr. Speaker, the purpose of this bill is to hours, but if a breakdown occurs, and they are not infrequent, carry into effect by legislation what has been already practi it may take them 16 hours or more to finish the day's work. As cally done by arrangement between the Secretary of War and a matter of fact, they have to work as many hours in the day the Secretary of the Treasury. It is well known that the as the distiller wants to run, as there are no other Government defenses of the eastern end of Long Island Sound have been employees there to take their places. gradually pushed out. Fort Trumbull, which is near New Lon Collectors of internal revenue all over the country report that don, was formerly one of its main defenses. With the advent it is practically impossible to get a sufficient number of men of long-range guns and othern modern improvements it became to serve in these $2 places long enough to' become efficient, not practically obsolete as a defense, and Fort H. G. W~ight, much only because of the hardships of the service, but because it is farther out, now takes its place. Upon the completion of Fort impossible for the men to support themselves and families on H. G. Wright, Fort Trumbull became substantially useless so the meager salary allowed, and after a few months they usually far as military purposes are concerned, and the only use th;t is give up the job and go into something else. A great many old no_w made of it by the War Department is for the purpose of soldiers who draw a pension have been enabled to live on their tymg up vessels there at any time the War Department may see salary and pension combined, and these, as a rule, have held fit. The Revenue-Cutter Service has found use for it and on to the places, but these old soldiers are fast passing away, under perJ?ission ~om the War Department has be@ uslng it and those remaining are becoming too old and infirm for the for some tune, subJect, of course to revocation at will and with work. At the same time, the Civil Service Commission recently the understanding that it should not be permanent unfil ratified raised the standard of the examination required for these places, by CongreEs. so that applicants must now pass the first-grade clerical exami Mr. SULZER. Has the War Department consented to this? nation, which will render it still more difficult to get men to l\.f r. TILSON. The War Department has~ if the committee fill the places unless the salary is increased. amendment printed in the bill be agreed to, providing that the We have been voting increases to men who already get enor War Department be allowed at any time to tie up vessels there. mous salaries as compared with the pittance allowed these em ~he gentleman will observe that the right to tie up vessels there ployees. I, for one, am tired of this, and want to see some in IS reserved to the War Department for all time. creases in the salaries of the lower-grade employees of the Mr. SULZER. I have no objection, under the circumstances. Government, who do the real drudgery of Government work. I ¥r. FITZG~RALD. Mr. Speaker, I reserve the right to would have preferred to see the bill passed as I introduced it o~Ject. What IS the Revenue-Cutter Service using this reserva and as it was reported by the committee, because that was tion for? carefully considered by the Commissioner of Internal Revenue ~fr .. TILSON. Mr. Speaker, I will let the gentleman from and his associates, and fully met every requirement of the situ Illmo1s [Mr. MANN], who introduced the_bill, answer that, as he ation. But I am so anxious to get something done, and so knows more about the Revenue-Cutter Service than I do. fearful that any further delay may result in no legislation at Mr. MANN. Mr. Speaker, they ·are using it for a revenue- all at this session that I did not resist the amendment offered cutter school. · by the gentleman from Illinois. There ought not to be a dis- Mr. FITZGERALD. Who authorized them to do that for enting vote on either side of this House upon this meritorious this purpose? measure, and I hope the bill will be promptly passed by both Mr. MANN. I suppose the War Department, but I could not Houses and approved by the President. say about that. , The bill as amended was ordered to be engrossed and read a l\Ir. FITZGERALD. Where did they get the money to ex· third time, was read the third time, and passed. pend up there for a school? l\Ir. MAl'lli'. Out of the appropriation that the -gentleman BRIDGES AND APPROACHES, WACCAMAW RIVER, S. C. makes every year. . • The next business on the Calendar for Unanimous Consent Mr. FITZGERALD. Yes; but it is not made for Fort was the bill ( H. R. 29715) to extend the time for commencing Trumb_ull. It is made for Fort Arundel, or for Arundel and completing bridges and approaches thereto across the Wac CoYe, m Maryland. By what authority can the Revenue-Cut. camaw River, S. C. ter Service shift its school around where it pleases and spend The Clerk read the bill, as follows : money? · Mr. :iUA..1.'lli'. Mr. Speaker, I think there never was any ex· Be it enacted, etc., That the time for commencing and completing the bridges and approaches thereto across the Waccamaw River by the preEs authority for the chool at Arundel Cove, in Maryland, or Building Commission of Horry County, S. C., its successors and assigns, for Fort Trumbull. The Revenue-Cutter Service maintains one at or near Star Bluff and the other at or near Conway, in the a school to which persons 'are admitted through competi· State of South Carolina. as authorized by the act entitled "An act to authorize the construction, maintenance, and operation of various tive examinations, there being a small number of new ap· bridges across and over certain navigable waters, and for other pur pointees taken in every year through the competitive system poses," approved August 5, 1909, is hereby extended one year and three under a civil-service examination, and they have maintained years, respectively, from the date of the approval of this act. in SEC. 2. That the right to alter, amend, or repeal this act is hereby a school for many years. The site at Arundel Cove expressly reserved. Maryland, was not satisfactory. I think anyone who' has The SPEAKER. Is there objection to the consideration of been there, who was not especially interested in the place will se~ that. I have visited tha~ pl::ice myself, as many the bill? others m the House ha Ye, and I think it was the unanimous There was no objection. opinion that the site was not satisfactory. Theie., has: been no The bill was ordered to be engrossed and read a third time, additional expense to the Go\ernment by having the-s.chool at was read the third time, and passed. Fort Trumbull. TRANSFER OF MILITARY RESERVATION AT NEW LONDON, CONN. Mr. FITZGERALD. Has the gentleman visited Fort Trumbull? l\fr. MANN. I have never had the pleasure or the honor of The next business on the Unanimous Consent Calendar was being in that vicinity. the bill (H. R. 30149) to transfer the military reservation Mr. FITZGERALD. Having established one school without known as Fort Trumbull, situated at New London, Conn., from authority at Arundel Cove, and upon being visited by distin the War Department to the Treasury Department, for the use guished l\.Iembers of Congres , who are experts in these matters, of the Revenue-Cutter Service. and it being found unsatisfactory, the service starts another The Clerk read the bill, as follows : school without authority. How can anyone tell that when the Be it enacted, etc., That the Secretary of War be, and he is hereby, distinguished gentleman from Illinois visits that location authorized and directed to transfer the military reservation known as Fort Trumbull, situated at New London, in the State of Connecticut, to he will not determine that that place is wholly unsatisfac- the Treasury Department, for the use of the Revenue-Cutter Service. tory? • With the following committee amendment : Mr. MANN. I may say to the gentleman, Mr. Speaker, that I did not make the determination in this case. While I intro At the end of the bill .add the following: "Pro-vided, That the continued nse by the War Department, concur· duced this bill last fall, I did it at the request of the Revenue rent with the Treasury Department, of the present dock and approaches Cutter Service, without even baving known before that the 1911. CONGRESSIONAL RECORD- HOUSE. 2003 location of the school had changed. I did not say\ that the and if the W itr Department is to transfer this place to the Treas school at .Arundel Cove was established without authority. I ury Department for the use of the Revenue-Cutter Service I am hope the gentleman will distinguish between my language inclined to believe the Treasury Department should have such and his. I said I thought it was established without ex- exclusive control over the entire premises that they would not press authority, and I have no doubt whatever that the depart- want to authorize anything that might come in conflict with ment-- the training of the persons in the school and let the men of .l\1r. FITZGERALD. They established the school, and then the Revenue-Cutter- Service mingle with the crews of the harbor tlley asked Congress to authorize e.~end.itures_ boats belonging to the War Department. Mr_ TAWNEY. l\Ir. Speaker, if the gentleman from New l\fr. MANN. Let me ask the gentleman from New York and York will permit, the school was perhaps not expressly author- the gentleman froI'l Minnesota this. If this bill does not pass ized by statute, but the port or the wharf used there as a stor- what effect will tll. .... t have with reference to the present school age place was authorized, and that is the way the sc}lool was at Fort Trumbull? Will the school have to be transferred back started some six years ago. to .Arundel Cove for lack of authority? I would like to ask the gentleman from Illinois if he really ?ifr'. TAWNEY. Not at all. They will continue next year as believes-lmowing, as I do, that he is in favor of the Reyenue- they have during the past year. .And in the meantime it will Cutter Service having and maintaining a school, as I am my- not result in the school being with{lrawn from this place at all, self-whether he belieYes it is wise to locate a school of that but it will afford an opportunity for further consideration of kind so close to a city. The serious objection to our Naval the location, because I thi:rik, if the gentleman from ID.inois Academy to-day is that it is located in a city of some 12,000 or [Mr. MANNJ will permit me. this is to be a permanent institu- 14,000 inhabitants, and it is a very serious matter to-day in tion. It must necessarny be one~ and I do not think the Con the Navy Department in the conduct of our Naval . .Academy. gress is in· position to-day to decide definitely on this location. This matter has been before the Committee on .Appropriations, There has not been sufficient consideration given to the question, I would say, and it was the judgment of the subcommittee in view of our experience at .Annapolis, which is unfavorable, now considering the bill, that in view of the difficulties arising and our experience at West Point, which is favorable, to the because of the proximity of this proposed school to. the city of . isolation of a school of this kind. New London,. it was not wise to make this transfer for that pur- Mr. MANN. Does this consideration appeal to my friend pose at this time, but to let the Revenue-Cutter Service look strongly? This school, as the gentleman says is permanent. aronnd for another year and see if a more desirable location The Revenue-Cutter School~ I take i~ from my examination of could not be obtained. Everybody knows that one of the most attractive features of our .Army or military school is the fact the subject, is probably the best school in the United States anywhere, gets more efficient work out of a small o:t its isolation, and I think it would be wise to let this matter number of pupils. than is gotten in any other school in the go over and let the Revenue-Cutter Service endeavor to find land; but there a.re only a few students there. because they go some place that would be suitable and at the same time free in in small numbers, four or five a year, in the Revenue-Cutter from the objection that now exists against the maintenance of Service. Now, is it desirable to locate a school somewhere the Naval Academy at the city of .Annapolis. Mr. M.Al\'N. :Mr. Speaker, the gentleman may be correct where we are going to build up a large number of buildings at about that, as he usually is about most things about which he considerable expense or utiiize this place, where the buildings expresses an opinion. The bill which 1 introduced was intro- are already constructed and where we will not be at any con duced on December 21 last at the request of the Revenue-Cutter siderable expense '2 Service, or of Capt. Ross, the head of that service, and the :Mr. T.A WNEY. It depends altogether as to the effect upon Treasury Devartment. I talked with Capt. Ross in regard to the pupils in the school and the close proximity of the school this. The service is always endeavoring to effect economies to a city. . wherever it can. It is barely possible that Capt. Ross proposed . Mr. 1\1.ANN. These students, when they get into the Revenue to have the school at Fort Trumbull because there would be no Cutter Sei-vice, are located very largely in cities. The revenue great expense there. in connection with the construction of cutters ha ,~ e their headquarters largely in cities. buildings-- l\Ir. TAWNEY. The school is not always going to be a small Mr. TAWNEY. I think that is the reason. school. The gentleman knows the Revenue-Cutter Service is :Mr. MANN. ere is no ClJiieStion from his statement that increasing all the time. Fort Trumbull was freer from that defect than .Arundel Cove. Mr. MANN. The number of officers in the Revenue-Cuttev That is not a desirable place for a school, in my opinion, but Service is limited by law absolutely. my opinion would not have any weight even with myself as com- Mr. TAWNEY. But the next Congress can, of course, :p11t a pared with the opinion of the Revenue Cutter officers. It did limitation in the bill. seem to me upon his statement we might acquire Fort Trumbull Mr. MANN. There has been no increase in the number o! for the Revenue-Cutter School without any additional expense officers allowed in the Re-venue-Cutter Service since the gen. to the Government. I do not know what developed upon the tleman from Minnesota and myself have been Members of this hearings before the Committee on .Appropri:itions as to how House, and that is some years now. The number is limited_ much expense there might be in utilizing the buildings there now, but 1 apprehend there is practically no expense. There are 37 captains authorized, 37 first lieutenants author- 1\fr. T.AWNEY . The expense was small; the estimate was ized, 37 second lieutenants authorized, and 37 various other $l5,ooo, and that includes the repairs of wharf. officers, and there is an absolute limit. While we provide a new Ur. FITZGER.AI..D. That is not the consideration- - revenue cutter every once in a whiie, that does not authorize l\fr. MANN. I am sure that with the statements which have an increase in the number of officers. The school is small, been made neither the gentleman from New York nor the gentle- and will always remain small and efficient. It seemed to man from .Minnesota are after the school themselves. Some- me a matter of economy, but if the Committee on A.ppro times I suspect that sort . of thing. The gentleman from priations think otherwise I shall smile good-naturedly New York has trouble enough with the Brooklyn Navy Yard, about it. and .Winona.. .ls not exactly the right place for a sailors' The SPEAKER pro tempore_ Is there objection to the con- school. . - · sideration of the bill! l\fr. FITZGERALD. The gentleman is mistaken. I have no Them wa.s no objection.- desire to have the place- The amendment was agreed to-. ~fr. l\.I.ANN. That is what I said~ 'I'he bill as amended was read a third time and passed. Mr. FITZGERALD. I think the gentleman from Minnesota PARCELS POST. is correct in the statement it is a very serious question as to the propriety of locating one of these schools near a city. Mr. SULZER. .l\.I.r. Speaker, the neglect of the United States Mr. MANN. Of comse, the gentleman understands this is a Government to establish a general parcels post has so far small school and there are only a few pupils in the school. limited the easy exchange of commodities and merchandise .l\.Ir. FI'I'ZGERALD. There is another point to which I wish between the producer and the c unit is 11 pounds to the parcel, at the rate of 12 cents per The SPEAKER pro tempore. Is there objection? [After a pound, whereas the United States unit is only 4 pounds to the pause.] The Chair hears none, and it is so ordered. package and at a cost of 16 cents to the pound. The parcels The information follows : post rate in the United States prior to 1874 was 8 cents per REPORT REGARDING THE PARCELS POST AND TREJ HEA.RI~GS HELD APRIL, pound for a package limited to a weight of 4 pounds. After 1910, BEFORE THE COJIIllIIT'£EE ON THJll POS'.r OFFICE AND POST ROADS, that the rate was doubled, but the weight remained the HOUSE OF REPRESEJNTA'l'IVES. same. Who did this? For whose benefit was it done? Look Favoring events, together with transportation conditions that have been revealed by official and nonofficial inve. t igation since the last re up the records and judge for yourself. Since 1874 the cost port of your transportation committee-April. 1910-seem to justify of transportation has greatly decreased. The question is, the hope, when considered in connection with the great public interest Why should not the people be given the benefit of this decrease arou ed, that national legislation recognizing and correcting in some degree at least the transportation inconsistencies and evils connected by the establishment of a uniform low postal rate for parcels with the postal and express service is near at hand. · that will encourage the use of the post office as a medium of The arguments used by the opponents of the parcels post have been exchange of commodities between producer and consumer and characterized more by vehemence than logic. The reasons they give for desirina our country to continue to be the only important country thus greatly facilitate trade and lessen the cost of the neces in the world without a serviceable parcels post seem so absurd that it saries of life? appears needless to say anything more on the other side. There is no reason in the world why the people of the United If anything further is required to show the imperative necessity for such a service under the control of our Postal Department, it may be States should be deprived of the advantages of this benign legis found by reading the printed testimony of those who appeared in oppo lation for a general parcels post, that will bring producers and sition to the parcels post at toe bearing before the Committee on the consumers in closer touch and be of inestimable benefit to all the Post Office and Post Roads, held at Washington last April, at which I had the honor to represent our association, and to which I will refer people, especially those who dwell in the large cities and live further on. in the producing sections of the country. It has been adopted FOREIGNERS GRANTED, AMERICANS DENIED, CERTAIN LOW RATES-FOREIGN• in every European country, and it ought to be adopted here. ERS ALSO GIVE WEIGHT PRIVILEGES PROHIBITED US. We have either made or are making postal conventions with the In the meantime, while our Government bas not extended to us the countries of the world, by which their citizens can send thl·ough low rates and the liberal conditions of such a service between our own the mails to any part of the United States packages weighing 11 towns and amongst ourselves, it turns over to foreign countries the fa• cilities of our expensive Postal Department and furnishes the service to pounds at the universal postal rate, and the people of the United foreign citizens at the low rate and the more liberal conditions it has States are prohibited from doing the same thing because of our denied us. failure to enact a similar postal parcels law. It is a great ln From the competitive foreign countries, packages weighing 11 pounds are mailed to post offices in the United States, while the mailing of jrnstice to the taxpayers of this country. It is a discrimination packages weighing over 4 pounds between post offices in the United in favor of the foreigner against the citizen of the United States States is prohibited. Elven the mailing of a 4-pound package addre. sed which is repugnant to my sense of justice. I am opposed to to one of our own post offices is prohibited, unless more postage on it is paid if it is mailed at an American post office than is required if it is this inequality, and in order to obviate it I introduced my bill mailed at a foreign post office. In other words, it costs 64 cents to for a general pa.reels post. The Postal Progress League has in send such a package between post offices in this country, even though it dorsed it, and the representatives of over 10,000,000 taxpayers be only a mile, but it can be sent from London and other foreign cities here and to the same address for 48 cents. of this country appeared before the committee and urged its Reconciliation to such conditions is not promoted by seein~, as we enactment. Why should the bill sleep in committee? do, vehicles delivering mail packages in our city streets bearm17 such The time is now at hand for Congress to heed the insistent an inscription as "Parcel agency for the Imperial German mail.' Nor do the burdens of taxation seem· lighter when we learn that the 40,000 demand of the people for a general parcels post along the lines rural routes in operation are equipped for 200-pound loads, but be of my bill, the express companies, the trusts, the jobbers, and · cause of restrictive laws carry on an. average but 25 8ounds going out and 2 pounds coming in, and cost us over 35,000 00 a year. Or others· to the contrary notwithstanding. when we are told by ex-Postmaster General Meyer (letter addressed The citizens of the United States are certainly entitled to Feb. 6, 1908, to John M. Stahl) "even at tQ.e rate proposed it utilize the advantages of their own post-office system the same would require only three packages of the maximum weight to be taken out each trip over these rural routes in order to wipe out the deficit as the people in Europe now do, and they would gladly do so ($17,000,000) of the Postal Se1·vice." It is reasonable to assume if the Congress would only enact a law, and to this end I appeal that our Government will not much longer deny us at least the mail to all pah·iotic citizens to lend a helping hand to pass my privileges they have extended to foreigners, especially since it seems the net income of the Post Office Department would be increased bill. thereby. The demand for a parcels post is growing more insistent. Mr. C. S. Barrett, president of the Farmers' Union, canvassed the Popular sentiment has now crystallized in a genuine desire for Members of Congress and found that a majority said they were in favor o:f the side at the hearing o:f those who pleaded for a satisfactory par legislation in favor of a general parcels post throughout the cels post. Still, we got no parcels-post legislation. country. I believe the people favor it, and I feel confident its THE "EXPRESS COMPANY " ORGANIZATIONS-DEVICES FOR SECURING EXOR establishment will be of inestimable benefit and incalculable BITANT RATES FOR POOR SERVIC:E>--WASTEFUL MANAGEMENT. advantage to all concerned. The post office is one of the oldest of Absence of a parcels-post law enables the railroad companies, through governmental institutions, an agency established by the earliest subsidiary companies called express companiesh to eliminate all com civilizations, and the only limit upon the service should be petition and prevent all regulation in one branc of transportation and to escape compliance with the laws that are being enforced against the capacity of existing transport machinery. them in other branches o:f transportation by the- several State com A general parcels post, once established with reasonable merce commissions and the Interstate Commerce Commission. rates, regardless of distance, regardless of the character of the That the owners of the securities of. these express companies have made enormous profits is a recognized fact. One hundred per cent, matter transported, and regardless of the volume of the patro~'s even 200· per cent, profit when an express company " cuts a melon" no business, is eminently fitted for great service to the people. . longer excites surprise when found in the news columns of our evening That it should be extended over the entire field of postal trans paper. No one objects to :fair profit for good service, but conditions seem portation is absolutely certain; and the people will duly appre- to Indicate that the transportation companies are not satisfied with the . ciate the aid of those who assist in its extension and develop first and are not giving us the second, while developments before com ment As far back as 1837, Rowland Hill, of England, promul merce commission hearings indicate that their backwardness in adopt ing economical and scientific business methods causes a tremendous gated to the world the law that once a public transport i;ervice unnecessary expense. This they are meeting by maintaining and even is in operation, the cost of its use is regardless the distance Increasing already exorbitant rates for service that many believe are traversed upon the moving machinery by any unit of traffic discriminatory, and that grave injury and injustice to business and to the general public results. within its capacity, and upon this law he established the Eng As an example, W. P. Dickinson, of the Burlington Railway, ls lish penny-letter post of 1839. . The idea of charging higher quoted in the Railway Record as saying at a public hearing that the postage on a letter or a parcel on account of the greater dis expenditur!ls of the Burlington traffic department for printing and stationery in the fiscal year 1910 was $222.000. Assuming that they tance it travels is an absurdity. are typical for all the railways in the United States, the cost of print It is because I realize the force of these truths so keenly that ing r ailroad tariff's alone under present mE'thods is $6,000,000 to I am so persistent in urging favorable consideration of my bill $10,000,000. In modern transportation methods, as, fo1· instance, those in vogue in Germany, this expense is so trifling as to be scarcely worth for a general parcels post. Its only fault, in my opinion, is its considering. Freights move in Germany on a uniform tarur, based conservatism. What this country now needs, what Congress entirely upon bulk, weight, and distance, discrimination is impossible, should give it, is a general parcels post covering much of the and any shipper can learn in a moment, by referring t o the table, the exact freight charge to any point, and can ship knowing that his business of public transportation. And so, imbued with these competitors must pay the same price for the same service. views and conscious of the desires of the people, I prepared and In the United States the shipper can not know all the taritrs that are introduced in Congress my bill to inaugurate a general parcels published or how they affect rates. He is supplied with a few easily understood tables, but it is not within human po sibility for him to post, and shall continue to advocate it until it is finally written even read, to say nothing of comprehending, the millions that are filed · on the statute books of our country. Sooner or later it will be with the commission every year and how they affect the cost of the the law. The people want it, and it is bound to come. transportation he buys. So it seems this extraordinary printing expense of millions, what In this connection, Mr. Speaker, I ask unanimous consent to ever its purpose may be, operates to keep the average shipper ignorant print in the RECORD as a part of my remarks carefully compiled about rates. Ignorance is always dangerous, and particularly so in information relating to the subject matter. transportation matters. 1911. CONGRESSIONAL RECORD-HOUSE. 2005 Harrington Emerson, the expert, testified at the hearing before THE PARCELS POST NOT OPENLY OPPOSED BY THE. BE"NEFICIARIE.S OF' the Interstate Commerce Commission at. Washington last November, PRESENT METHODS. that $300,000,000 annually in railroad operating expenses in- t~s coun The opposition to the parcels post at the late congressional hearing tl'y would be saved if the railroads adopted better business methods of was made by persons who appeared in the name of American Har.dware the consumers that enormous sum, no better beginning Manufacturers' Association, Illinois Retail Merchants' Assoeiatio~, IDJl,f.;ge~~n~or National Association of Retail Druggists, National Association Retail can be made than for the Gove.rnment to establish a satisfactory parcels Grocers, National Retail Hardware Association, National Federation of post and adopt scientific business methods in its management. Retail Implement & Vehicle Dealers' Association, Wholesale Dry That the interests that control our railroads also own and control Goods Association, Paint Manufacturers' Association of. the United the express companies and that their separate incorporation is merely States. a device to cover extortion and discrimination by complex contract There was no direct opposition by the express companies to the par relations is indicated by Senate Document No. 278,. pages 53, 54, cels post. and 55: As stated by the chairman of the Postal Committee, Hon. JOH..i."'i W. Stock held by railways in express companies______$20, 668, 000 WEEKS (p. 145, report), •·•there is no evidence before the committee Railway ecurities held by express companies______34, 542, 950 that the express companies. are opposing this proposition or taking any Holdings of express companies in the stock of express com- part in it." panies------~8, 125 We are not apt to see open opposition to the parcels post from the ·express companies. Total intercorporate ownership express companies J"une 20, 1$06------66, 829, 075 MISDIRECTED ENERGY BENE.FITS EXPRRSS COMPANIES ill> CATALOGUE HOUSES. EXI'IIBSS COl\IPA:N"Y RA.'.l"ES CAUSE LOSS TO SHIPPERS-EXPRESS COMPANY l\I.ETHODS CAUSE LOSS TO THE POST.AL DEPARTMENT. Since the members of the above commercial associatlons can not to The peculiar, graduated, increasing- rate for smaller-weight parcels any important deg-ree be beneficiaries of the present con~catory and is absolutely prohibitive for express transportation except at an actual restrictive system that bas a monopoly o:f the transportation of mer loss for a considerable proportion of business. Most express shipments chandise in packages of 4 pounds to 20 pounds, some other reason for ore in small pareels. They therefore pay the higher scale. This in their opposition to the parcels post must be found, and in that connec ccased rate is exacted for both terminal and haulage service and is a.s tion the testimony given by these gentlemen at the hearing is inter- biJ?b as 37! times the first-class freight charge. esting. . 'The express companies take from the Post Office Department the The main objection to the parcels P.Ost was tbat it would build up profitable busines and pocket millions of profits. but leave the un catalogue houses to the injury of retail businesses. profitable for the Post Office Department.. The profits from a parcels In reply to questions by members of the congressional committee, how post would stop the post-office deficit and give us a 1-cent letter rate. ever, some of their specific objections applied only to the rural free 'l'he annual surplus of the British post office department about equals delivery now firmly established and which nobody dreams of abol our annual postal deficit. The British have .a serviceable parcels ishlng. post. For example (the page references are to the printed report of the The men in the mail service have a record of one error in 18,000 hearing), lli. W. P. Borgardus, of the National Retail Hardwai·e Asso pieces handled. Compare that with you:r experience with the express ciation. page 183; Mr. S. R. Miles, of the Iowa Retail Hardware Asso companies. ciation, page 213; Mr. :r. G. Baker, president National Federation of Retail Implements and Vehicle Dealers' Association. pages 266 and EXPRESS COMPANIES DOING AN ILLEGAL BUSINESS. 268. - . The other objections advanced were also to conditions already m ex Seetion 3892 of the ReviEed Statutes of tbe United States uses this istence, some o! wh.ich at least it would seem would be less objectionable language= 1! we had a serviceable. parcels post. " No person shall establish any private express for the conveyance of For instance, the mailing of catalogues by the catalogue houses. letters or packets, or in any other manner cause or provide for the That can be done now to the farmer's door for one-half cent an ounce, conveyance of the same by regular trips or by stated periods, over any but even that low rate does not always get the business. I ha.ye seen post route which is or may be established by law. or from any city, the catalogue of Sears, Roebuck & Co. and the Chicago House Wrecking town, or place between which the mail is regularly carried ; and every Co. that were sent by each of these firms to the addressees who did not pe1·son so offending," etc. specify how he wished. them sent. They were received since the date o! Section 3985 provides penalties against the owner, driver, conduc tbe hearing-; both. catalogues came by prepaid express. tor, "or any other person having charge of any stagecoach. railway Had we a parcels post competing with the express companies and this It car," etc. There is no mistaking language. is unlawful to reducing their extortionate charges the express companies wo~d . be carry any letter or packet which is mailable. Letters are mailable, as less able to deprive the Government of that revenue by underbidding also are packets weighing 4 pounds or less and therefore are covered the Post Office Department rato on catalog-ues. . by the statute. It is plain that much of the business. of the great The outside wrapper of the mail-order catalogues above mentioned express companies is contrary to law. If the penalties mentioned in contained the following printed matter. That signed by C. E. Finch, the statutes were inflicted every driver of an express wagon, every general agent, American Express, was rubber stamped. The first set is local agent, every messenger engaged in express service, every conduc from Sears, Roebuck & Co. : tor of a train would be liable. " Express. charges prepaid. Express agent : If this book, which ha.s The above law was referred to at the hearing. It was explained by those the.re opposing the parcels post that the express companies been ordered by consignee is not delivered in 15 days notify us immedi were permitted to carry mailable merchandise on a ruling of the Post ately at the end of that time, stating consig-nee's name and post-office Office Department that construed packets to mean only a bundle of address. Give reason for nondelivery. Do not return book to us. We letters, although the law specifically mentions letters as well as will send reconsigning instructions. Prompt delivery is important, packets. and will save tracing through Chicago office, p25 Homan Avenue, In the petition addressed to the Interstate Commerce Commission Chicago, Ill. · of July 27, 1910, representing 124 mercantile associations and signed " Prepaid. Notice to agents : If not delivered in 5 days notify ship by John W. Griggs and Benjamin L. Fairchild as counsel, is found pers, giving reasons. Catalogues must receive same attention as mer this language : " The express business as it has developed in the chandise. United States has been, and is now, conducted on a basis of charges " C. El. FINCH, unreasonable and unjust to a degree that amounts to extortion, fla " General A.gent, Chicago. grant and continuous • • • the body of rates in its entirety as " SEPTEMBER 22. imposed and now being charged for express service is unjust and un " Section D matter ; value under $10. Notice to express agent: If reasonable, and in violation of the act to regulate commerce (February this package is not delivered in 10 days notify us immediately, stating 4, 1 87), as amended by the several acts amendatory thereof and sup name and post-office address, and hold same for disposition. Do not plemental thereto. • • • return this book to us; wait for insttuctions. 1415 West Thirty-fifth "'.rhe net returns to the express companies have been out of all pro Street, Chicago. portion to the service performed and the capital invested by them, " Contents catalogue; value less than $10. and each of them-a disprooortion so enormous as to seem incredible "Notice to eonsig-nee : Pay no money on this package, as all express but for indisputable evidence • • • ." charges have been fully prepaid to destination and is to be delivered to These petitions further charge "that the indirect method of han you free of all cost." dling express freight in the United States through the agency of " Prepaid. Notice to agents. If not delivered in five days notify separate and distinct express companies was adopted by the railroad shippers, !Jiving reasons. Catalogues must recei"le the same attention as companies • • • as a means of concealing from the public the merchandise. unjust n.nd unreasonable excess of charges received by the railroad " C. E. FINCH, companies for express freight when compared to the rates of first-class " Gene·ral A.gent, Chicago." frei~ht." Thus it is seen that if the express business was handled directly by Amongst other advertisements the following was printed on one of the railroads, as it is in England and elsewhere, much of this extor tion and discrimination would be impossible. I will name a few of the th~, We.;Pp;~sb~r. Lot No. 901, yellow-pine ceiling : Matched and beaded ; examples of express extortion mentioned in the above petition. standard lengths ; bright ; kiln dried. No. 2 grade, 9 x 4, per 1,000 feet, $13.50. EXPRES~GES AR~A~~s s~~ T~E:A:E T:~~c~ l\IUCH AS IN OTHER "This is only one item out of our 20,000,000 feet of building lumber. Our central merchandise catalogue lists a thousand other equally good The compensation of the railroad company is approximately 50 per bargains from the lowest g-rade sheathing lumber to highest quality hard cent of the g-ross receipts of the express company, and so unjust and wood flooring." unreasonable are the expr ss rates that even the 50 per cent thus re Can any member of our association buy that grade of lumber at that ceived by the railroad company affords the railroad company an exces price Jn his local market, even in lumber districts? sive rate over the first-class freight rate. Retailers ln a line of trade that is subject to the conditions above The subdivision of the weight hauled into numerous separate small indicated it would seem to be are victims of their supply houses or of parcels does not increase the cost of rail hauling, but it is used as an excuBe the transportation companies or of both. Should they not seek relief for enormously increasing the charge for the hauling, in some cases from such discrimination rather than to aid their despoilers in an up to 37~ times the rate for first-class freight. attack on a parcels post that exists only in the hopes of its friends and When the service is rendered to two companies each company receives in the imagination of its foes? pay for two terminal services, although each performs but one, and CATALOGUE HOUSES DON'T NEED THE PARCELS POST, AND OPPOSE IT. when the service is by more than two companies the intermediate com panies receive the full charge based on two terminal services, although Tt the congressional hearing so much was said by the opponents of they give no terminal service whatever. the parcels post about the catalogue houses, how they were behind the The cost of terminal service is the same regardless of the length of parcels post-that it was for their sole benefit, etc., etc.-that I went to haul ; nevertheless the charge for terminal service is increased propor Chicago and succeeded in getting an interview with Mr. J"ullus Rosen tionately to the length of haul, making it 25 times more in some cases wald the president of Sears, Roebuck & Co. He declined to support the for the same service. And so on. parcels ·post. He said they were very well satisfied with conditions as ,. ·2006 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6, they are, under which they bad built up their immense business, .which THE CATALOGUE HOUSE UNKNOWN IN COUNTRIES THAT HAVE A PARCELS was done entirely by catalogue and without salesmen or commission. POST. He explained that only an insignificant amount of their sales went by Thus it is seen that because we have no parcels post or other system mail tbat what did was unprofitable, as it cost as much to make ready for shipping merchandise in weights of from 4 pounds to 20 pounds, ex and 'handle such little sales as larger freight shipments, jewelry being cept at prohibitive rate, the great catalogue houses secure without cost the only exception, and even for that they advised express. to themselves these salesmen, by the thousand, to push their goods, He intimated that the high cost by mail, the excessive express rates, the salesmen being satisfied to do so and take their pay out of the and the minimum freight charge possessed an importance to them profit on the bulk 100-pound shipment. that I would probably understand if I consulted their circulars and Evidence that catalogue houses do not want or need, and do oppose, catalogue. I took the literature suggested home with me. The follow the parcels post was not lacking at the hearing. ing quotations are pa.rt of the printed matter found on page.s 12 and For example : Marcus M. Marks, of the Merchants' Association of New 13 of Sears, Roebuck & Co.'s Catalogue No. 121. Display type is used York, after statini: that the Merchants' Association is not in favor of exactly as and where I find display type used in catalogue: a general parcels post and has frequently placed itself in opposition " Mail shipments. On all orders to be shipped by mail we require the thereto (p. 15, report), he quoted one of the large Chicago catalogue full amount of cas!l with the order, together with sufficient money houses as in opposition, and for this reason: "The result would be extra to pay postage. If you want goods shipped by insured mail, in that instead of shipping goods in large bulk it would tend to create a close insurance fee. If you want the package shipped by registered demand for small shipments, which would increase his expense of doing mail inclose registration fee. business" (report, p. 16). Marshall Field & Co., one of the largest "Section 4. WATCHES, JEWELRY, AND OTHER VALUABLE concerns in this country, were referred to (p. 270, report) by both J. G. MERCHANDISE of light weight make profitable mail shipments, and Baker, president National Federation of Retail Implements, etc., and if you are not ordering other goods at the same time, it is most eco fl. L. McNamary, of the Hardware Dealers' Association, as opposed to nomical to have such goods sent by mail. DO NOT ORDER SHIPPED the parcels post, and the following is follnd on page 53 of the report as BY MAIL ARTICLES OF SMALL VALUE AND CONSIDERABLE part of the testimony of John M. Stahl : WEIGHT, as the postage in many cases would be more than the value " In his official repo1·ts the postmaster general of both Australia and of the goods. New Zealand rather frequently emphasizes that for years a thoroughly " Express shipments. SHIPPING GOODS BY EXPRESS IS AN AB modern colonial, intercolonial, and foreign parcels post bas been en SOLUTELY SAFE METHOD OF 'TRANSPORTATION SHIPMENTS, joyed by the people of these colonies, even in the most remote districts and is good, quick service. It is, as a rule, the most profitable method to which the mail service penetrates. Notwithstanding this, in all of of shipping goods weighing less than 20 pounds. the many publications on Australia and New Zealand, or by the officials " Freight shipments. Freight is the preferable method of shipment of those colonies, there is not a sentence, so far as I have been able to for all heavy, bulky merchandise, such as agricultural implements, discover, to the effect that the local merchants of the e colonies have housE>1'old goods, furniture, groceries, hardware, etc. been in the least injured in their business by catalogue houses. In fact, " WHEN A SHIPMENT WEIGHS MORE THAN 100 POUNDS the as the catalogue house is unknown in those countries which have a railroad companies charge only for the actual number of pounds at the modern parcels post and has been successful in this country, it would ·regular rate per 100 pounds. For instance, if the rate per 100 pounds appear that instead of a moder,n parcels post favoring catalogue houses to your town should be 40 cents, a box weighing 125 pounds would cost the very opposite is the case.'' 50 cents freight charges. Freight charges amount to very little on any All the opponents of the parcels post at the bearing, mostly retailers kind of shipment in comparison with the saving you make on our ex in heavy-weight goods, were very insistent to impress upon the minds tremely low prices, but it is well to keep the freight rates in mind when of the committee the great injury that is being done their business by ordering, because RAILROAD COMPANIES USUALLY CHARGE NO the big catalogue houses, who, they claimed, are underselling them and MORE FOR CARRYING 10.0 POUNDS THAN THEY DO FOR 20 are doing a very large and increasing percentage of the business that POU TDS, so that in case you only have a small order and want it to belongs to and should go to the retail dealer. But is it correct to charge come by freight, you could have some friend buy goods at the same time, to the parcels post this great loss of trade which has occurred while we send his order with yours, and have both orders shipped in your name have no parcels post and that has been brought about .by conditions by freight, and if both orders weighed less than 100 pounds they would that can claim no assistance from a parcels post? Is it reasonable to cost no more than either one of the shipments would if it were shipped say that a parcels post would produce such conditions when no such separately. conditions do exist as above noted where the parcels post has been in " Club orders. Railroad companies, as a rule, charge as much operation for many years? for carrying 20 pounds of freight in one shipment as they would for 100 pounds. Consequently it is a good plan if you only have a small-sized .A. WITNESS WHO WANTS TO PROTECT THE PEOPLE AGAINST FRAUD ILLU order which rou wish shipped to !iSk some friends or neighbors to MINATES THE SUBJECT. join or club m with you and make up an order and have them all A very militant opponent to the parcels post, and one who claims to sent in to us and shipped out together to one person, who can give be an expert in such matters, and who, by the way, is opposed to the each member of the party his proper share of the goods. By doing parcels post because he wants to protect the people from ' the fraudu this you see, you could have four or five 20 or 25 pound ship lent practices of the large department stores" (p. 200, report), also men'ts go for exactly the same freight rates as one shipment of 20 admitted under the questioning of the committPe that "the parcels post • pounos. has never developed in Germany the mail-order house and the depart "Safe delivery guaranteed. WE GUARANTEE EVERYTHING WE ment-store idea that has developed in this country" (p. 199, report). SHIP YOU TO REACH YOU IN PERFECT CONDITION. If you ever This gentleman is Mr. S. R. Miles, Mason City, Iowa, ex-president of receive any package from us in a damaged condition, have your freight the Iowa Retail Hardware Dealers' Association. Mr. Miles, after all, agent or your express agent make a notation of the damage on the may have bit upon the real cause for the great loss of trade that he face of the receipt he gives you when you pay the charges, and and his associates have suffered and that the catalogue houses, be send this receipt to us, telling us just what is the matter, and we will claims, have taken away from them when he further says (pp. 201-202, make it right. In case of express shipments the express agent will give you a receipt on request. rei;i::ilt~~nt to make this statement, so far as the retail merchants and the mail-order houses are concerned : The mail-order houses are not near "No matter how far away you may live, we can stlll save the bugaboo to the retail merchants that you may have been led to you money on your purchases. DISTANCE IS NO DRA WEA.CK. believe. 11' I may be pardoned for going back a little bit and for making Remember, your local dealer must pay the exact same rate of freight a little explanation of my statement, the retail organi?'ations have been that you pay on the goods, and this cost of freight be must add to fi"'hting for years to be placed upon an equal price basIS in the purchase the cost of the goods when he figures bis selling price. But our prices of their supplies with any other retailer, and the mail-order houses are on practically everything are so much lower than the same quality simply retailers. The total amount of business transacted by what are of goods can be had from smaller concerns that after you pay all termed mail-order houses proper-I do not include the department transportation charges, even to very distant points, we can save you stores but the mail-order houses proper-is less than 10 per cent of money. the t~tal volume of the whole merchandise business transacted in this "How to save money on freight charges. Read about minimum ·country. freight charges on this page. In making up an order, let it include all " we are not quarreling about the amount of business they do. The your needs in wearing apparel, groceries, hardware, dry goods and the quarrel we have bad-and we are having it corrected, so far as tl:~e like so that you will be sure to have a freight shipment of at least 100 hardware people are concerned, which I could demonstrate to you-is pounds as the freight charges on such a shipment are, as a rule, no that we have been discriminated against in the fact that the people more than on a shipment weighing 20 to 50 pounds. In this way you who market less than 10 per cent of the goods, and many, many times make the most of every saving we make for you. only 1 or 2 per cent, have been placed in a po~ition to dictate the price "Meaning of minimum freight charge. Railroads have what is at which 90 or 95 or 98 per cent must sell their goods. called a 'minimum freight charge,' meaning the lowest amount of "we have protested against that, and have asked to be placed in a money for which they; will haul a shipment, no matter how little it position where we could sell to the people in our communiti~s every weighs. In the second column of the tables, on pages 13 to 16, we dollar's worth of goods that they want to buy on an equal price basis quote the minimum freight clia.rge or give the number of the rule by with any store in the country. If we could place our goods on our which you can figure it. Below we explain each rule: shelves at the same price at which they are placed on the shelves of "Rule 1. The ininimum charge is same as for 100 pounds at the class the mail-order houses, we could put the mail-order houses out of busi- to which the article belongs, but not less than 50 cents. " Rule 2. The minimum charge is same as for 100 pounds at the class ne~.\~~. fisv~iJ.i~rWhy do. the mail-order houses sell at a lower price? to which the article belongs. "l\Ir. MILES. Simply because they have been able to buy at a lower " Rule 3. The minimum charge is same as for 100 pounds at the class price They sell well-known goods, articles that are known to every to which the article belongs, but not less than 75 cents.'' body· like the Winchester gun, the Disston saw, and those articles that You will notice shipments by mail are not recommended, money extra are well known to everybody. It is their practice to sell those goods for postage must be inclosed with the order, also for insurance or at an extremely low price. They sell them many times, as we have registrrrtion. A guaranty of safe delivery is mentioned in connection found out by investigation, at actual cost, and sometimes at less than with freight and express shipments only. cost for the purpose of convincing the consumers. They have made the They state in bold-faced type that " Shipping goods by express is statement in the catalogue that they were doing that, and that they absolutely safe--ls good, quick service and most profitable in weights · were selling him every article on the same price basis at which they of less than 20 pounds." All their emphasis, however, is on 100-pound were selling him those articles that I have named. bulk freight shipments. They say, "freight charges amount to very " Mr. Sl\1.A.LL. Then you would oppose the parcels post for a double little on any kind of shipments in comparison to the saving made be purpose--for the purpose of protecting the consumer and for the further cause of our extremely low prices, but it is well to keep the rates in purpose of constraining him to confine his trade, or the bulk of his mind when ordering because (this is bold-faced type) railroad com trade, to the home merchant? panies usually charge no more for carrying 100 pounds than they do "Mr. MILES. Not constraining him; no, sir; not with that Idea at for 20 pounds, so " and they go on to tell the customer how to ~et bis all, but with the idea of placing the local merchant in a position where friends to order aiso until there is 100 pounds to ship, when it will cost it would not be necessary for the consumer, so far as the pri<'e was no more than his 20 pounds. They go into this subject in another place concerned, to look to the mail-order house for bis supplies, or to any on same page under a heading " Club orders," in big, black, display outside source. type, nnd thus " ship four or five orders at the price of one." "To one "Mr. SMALL. In other words, so that the retail house could fix the person who can give to each member of the party his proper share of prices regardless of the prices at which the mail-order houses sold. Is the goods." that right? 1911. CONGRESSIONAL RECORD-HOUSE~ 2007 " Mr. MILES. To fix their prices? shall be as follows: For registration and insurance up to $50, 10 " Mr. SMALL. Without competition from the mail-order houses. cents: for each additional 50, 2 cents. No claim for compensation "Mr. MILES. Yes, sir." will be admitted if not presented within one year after the parcel is posted. DICTATION, DISCRIMINATION, COMBINATION, BUT NO PARCELS POST. SEC. 5. That all acts and parts of acts inconsistent with this act are Mr. Miles is typical of the opponents of the parcels post that ad hereby repealed. . dressed the committee at the hearing-excepting Mr. W. S. Richard SEC. 6. That this act shall take effect six months from and after the son-retail dealers in heavy-weight merchandise who "have been dis date of approval thereof. criminated against." Some 9ne or some combination, according to Mr. FREDERICK F. INGRA!lf, Chairman, Detroit, Miles, " dictates the prices" at which they must buy, and the dictated WM. RIEGER, San Francisco, price is a "higher price " than is paid for the goods that go to the JOSEPH A. EROH.EL, New York, consumer through the catalogue house. Hence, the catalogue house F. K. WOODWORTH, Rochester·, gets the business. l\Ir. Miles says "his organization (and he thinks it S. S. WEST, Cleveland, is true of other retail organizations) have been fighting tor years to be WM. UNGERER, New York, placed upon an equal price basis," and that it they were not "discrim Committee on Freight and Transportation of the inated against," they would " put the mail-order houses out of busi Manufacturing Perfumers' Association of the United. States. ness in five years." If Mr. l\Iiles's diagnosis of the case is correct the JANUARY 1, 1911. proper remedy would seem to be to file a complaint under the Sherman antitrust law. The Committee on Post Offices and Post Roads has no REPORT ON THE PARCELS POST, BY THE COMMITTEE O~ FREIGHT AND jurisdiction in such matters. TRANSPORTATION OF THE MANUFAC'XURING PERFUiIERS' ASSOCIATION Mr. Miles in the course of his testimony admitted that reducing the OF THE UNITED STATES. fourth class (merchandise) postage rate would be a good club to force [Introdtiction by the president of the association.] a reduction from the express companies (p. 206, report), and that if a parcels post were established it would increase the facilities for the The early institution of a parcels-post system now seems inevitable. movement of parcels (p. 216, report) , but insisted that the people did Legislation correcting these glaring inconsistencies whereby tne railroad not have the right and ought not to have the right to demand a parcels companies, through their subsidiary express companies, are permitted post (p. 203, report). and that i1 the farmers knew what it meant they to monopolize the parcel-carrying trade on packages weighing over 4 would " almost unanimously oppose it" (p. 212, report) . pounds is demanded by an increasingly interested public. None, either of those who favored or those who opposed a general In the subjoined report of the congressional hea ring on the parcels parcels post, advocated a rural parcels post, except Marcus M. Marks, post before the Committee on "'".Post Offices and Post Roads of last April, of New York City. - it is shown by the evidence of even its opponents that evils incident to· It was conceded by the opponents of the parcels post that the parcels the present existing express monopoly would be lessened, if not over post, if established, would r educe the express rates, and tlrn.t the come, by the parcels post. Both the friends and the opponents of the present express rates are unreasonable in the method of assessment and parcels post at the above hearing agreed that while cities and great extortionate in the scale of charges. . cata.logue houses are assuming gigantic proportions, present conditions Lower transportation rates on merchandise in 11-pound lots and ~~:.Ji~oving destructive to the prosperity and development of country less, such as a parcels post would give, would be of great general benefit to both manufacturer and r etailer. It would also be of special benefit Why should express companies be given a monopoly on the profitable in permitting the retailer to supply promptly light-weight parcels on parcels-carrying trade, while the postal department contents itself with call but not in stock, for then he could get them by mail without the least profitable? Why should the Government give foreign 4-pound sacrificing his profit, and by doing so would in many cases be able to P!1rcels a rate of 48 cents while we must pay 64 cents regardless of satisfy his customer and at the same time head off a catalogue house distance? Why is a package carried of ·any weight up to 11 pounds in 100-pound bulk shipment, that is suggested in such an attractive man our malls, if mailed in a foreign country, while we can mail but 4 ner to the person who desires to purchase from the catalogue a light pounds, and even then must pay 33~ per cent more? Why should the weight article. Post Office Department stagger under a deficit while the express com There ls pending before Congress a bill, introduced by Chairman panies take the cream-express companies that pay 100 and even 200 J. W. WEEKS, reducing fourth-class postage to three-fourths cent an per cent Pl'Ofit, in spite of their extravagant and unscientific methods? ounce, 12 cents a pound, and Postmaster General Hitchcock recommended Moreover, the express companies are carrying parcels in violation of in his last annual r eport a parcels post, restricted to rural routes, with the Federal statutes which probihits this privilege to private persons. an 11-pound weight limit. The Postmaster General seems also to favor Their rates are exorbitant, exceeding first-class freight rates in some the establishment of a general parcels post throughout the country as cases 3n times. The profits of this Government-fostered monopoly soon as the postal savings sye.tem is thoroughly organized. . would wipe out our annual postlll deficit, and enable the department to In the meantime the retail hardware dealers must have seen some establish an immediate 1-cent lette1· rate. thing, for the Associated Press dispatches of November 22, 1910, con What is the nature of the opposition? Cheaper parcel transporta tain the following : tion rates would be an unqualified benefit. The express companies have not openly shown opposition to the movement. It has appeared in the HARDWARE RETAILERS JOIN-WILL COMBA'l' CATALOGUE HOUSES AND person of officials of associations of wholesalers and retailers mostly 10-CENT STORES. retailers of heavy weight goo6s, paints, vehicles, lumber, farm ma PITTSBURG, No,,;ern1>er Bl. chinery, etc., that could not move by parcels post if we had one. Why shoul~ orga~izations of wholesalers and retailers, for the most Hardware dealers from New York, Ohio, Virginia, West Virginia, part enaged m sellmg lumber, heavy hardware and other nonpacku.,.e Pennsylvania, and a few scattering States to-day announced that they freight, incur expense in opposition to the parcels post at Washin""t~n had formed of themselves an association whereby they might buy on a when it would in no material way affect business except to benefit it? large scale, and in selling combat the low prices of the western cata For an answer read their printed testimony given at the above hearin"" logue houses and the 5 and 10 cent stores. They organized as the some of which is quoted verbatim in subjoined report. "'' American Hardware & Supply Co., with an intended capital of $500,000 Their claim that the great mail order or catalogue houses are behind and an increase later of $1,000,000. the parcels-post movement, the better to flood the country with their About 150 dealers are included in the movement, and headquarters goods to the injury of the small retailers, was not substantiated. On will be established at Pittsburg. M. R. Porter, of this city, was the contrary it is shown that the Sears, Roebuck Co., of Chicago., is elected president, and W. W. Jacob, also of Pittsburg, was elected sec opposed to the parcels post as are other catalogile houses and for a retary and treasurer. The directors include dealers from the several very good reason. They have built their business up on the 100-pound States interested. mini.mum freight weight charge and make use of the mail or express Your committee recommends that our association's indorsement be service but seldom. Consequently, the establishment of a parcels post given to sections 1, 2, 5, and 6 of the bill introduced in Congress June would tend greatly to disturb their business and to help the villa""e 9, 1910, by the Hon. WILLIAM SULZER, of New York, and that our retailer who would make himself the local agency through which the individual members and all others favoring more efficiency and less parcels-post system would naturally operate. cost for transportation of light weight parcels be urged to unite in The testimony at the hearing showed that the parcels-post system in support of the bill introduced by Mr. SULZER. • England has not tended to create catalogue houses, nor has it in Ger A bill (H. R. 26581) to reduce postal rates, to improve the postal many or other countries tended to foster great department stores. It service, and to increase-postal revenues. . has done two things and has done them effectively. It has eliminated a costly and extravagant express monopoly, and has greatly ac Be it enacted, etc., That the common weight limit of the domestic ~~~~odated the general public, consumer, reta.iler, and whole- postal service of the United States is hereby increased to 11 pounds, the common limit of the Universal Postal Union, and that in the gen Wby then this opposition? Read the report that follows. eral business of the post office the 1 cent an ounce rate on general FRANK B. MARSH, President. merchandise--fourth-class mail matter-be, and is hereby, reduced to JANUARY _15, 1911. the third-class rate, 1 cent for each 2 ounces or fraction thereof. SEC. 2. That the rate on local letters or sealed parcels ~osted for BRIDGE ACBOSS ST. JOHN RIVER, ME, delivery within the free-delivery services is hereby deterIDilled at 2 cents on parcels up to 4 ounces, 1 cent on each additional 2 ounces; at The next business on the Calendar for Unanimous Consent nondelivery offices, 1 cent for each 2 ounces. was the bill (S. 9552) to authorize the construction of a bridge SEC. 3. That all mail matter collected and· delivered within the dif ferent rural routes of the United States is hereby determined to be in across the St. John River, Me. one class, with rates, door to door, between the different houses and 1\Ir. MANN. Mr. Speaker, I ask to have the substitute read places of business and the post office or post offices on each route, as in place of the original bill. follows: On parcels up to one twenty-fourth of a cubic foot, or 1 by 6 by 12 inches in dimensions and up to 1 pound in weight, 1 cent; The substitute was read, as follows : on larger parcels up to one-half a cubic foot, or 6 by 12 by 12 inches Be it enacted, eto., That the consent of Congress ls hereby given to in dimensions and up to 11 pounds in weight, 5 cents ; on larger par the construction, maintenance, and operation by the State of Maine cels up to 1 cubic foot, 6 by 12 by 24 inches in dimensions and up to and the Dominion of Canada, jointly, of a bridge now in course of 25 pounds in weight, 10 cents. No parcels shall be over 6 feet in erection across St. John River between Van Buren, Me., and St. length, and in no case shall a carrier be obliged to transport a load Leonards, New Brunswick, in accordance with the provisions of the of over 500 pounds. act. entitled ".An act to regulate the construction of bridges over SEC. 4. That on all unregistered prepaid mail matter without de navigable waters," approved March 23, 1906. clared value an indemnity up to $10 shall be paid by the Post Office SEC. 2. That the right to alter, amend, or repeal this act is hereby Department for such actual loss or damage as may occur through the expressly reserved. fault of the postal service, and this without extra charge. Certificates of posting shall be provided on demand. On registered parcels of de The SPEAKER pro tempore. Is there objection to the con clared value, and on which the fee for registration, insurance and this postage has been duly prepaid, the Post Office Department shall pay the sideration of bill? tun value of any direct loss or damage that may occur through the Mr. MOORE of Pennsylvania. Mr. Speaker, reserving the fault of the postal s~rvice. The fees for insurance and registration right to object, I desire to ask the gentlema.n in charge of this 2008 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6, bill as to the navigability of the St. John River at the point The amendments were agreed to. where it is proposed to construct this bridge. The bill as amended was ordered to be engrossed for a third l\fr. fAN:N. I am not able to inform the gentleman whether reading, and it was accordingly read the third time and the river is navigable at that point or not. passed. ~Ir. l\IOOREJ of Pennsylvani~ Does the gentleman know APPOINTMENT AND BONDING OF DEPUTY COLLECTORS OF INTEIL~AL whether there is any commerce passing on the water at that IIBVENUF. point? Mr. MANN. I understand there is; and it is a navigable The next business was the bill" (H. n. 30891) to amend the stream to not any great amount of navigation, I presume. provisions of section 12, act of February 8, 1875, as amended by l\Ir. MOOREJ of Pennsylvania. The gentleman has no in section 2, act of March 1,. 1879 ; and section 3149 of the Re\ised formation as to the depth of water? Statutes, as amended by section 2, act of March 1, 1879, as to ~Ir. :MANN. The gentleman has no information as to the the appointment and bonding of deputy collectors of intf'rnal depth of the water, the width of the river, or the length of revenue. the river. The SPEAKER pre> tempore. Without objection, the Clerk Mr. l\fOORE of Pennsylvania. Mr. · Chairman, complaint will read the substitute in lieu of the origin:il bill. frequently arises in regard to the construction of bridges There was no objection, and the Clerk read as follows; across navigable streams in New England, and at some later Be ii enacted, etc., That from and after the passage of this act the point in the discussions of the House I propose to make some official status of deputy collectors of internal revenue shall not be afl'ected by the death, reslgnatJon, or removal o:I' the collector by whom observations thereon. I know nothing about the bill, and do not they were appointed, and no deputy collector shall be- removed fr·om desire to object to its passage. office without proper cause. · Mr. HUGHES of New Jersey. I desire to object. I under SEC. 2. That all acts or parts of acts inconsistent with the provi stand there is not any information that can be given to the sions of this act be, and the same are hereby, repealed. . House as to whether this bridge would or would not obstruct The SPEAKER pro tempore_ Is there objection to the con navigation. sideration of this bill? Mr. MANN. It will not obstruct navigation. It is a navi Mr. PEA.RRE. I reserve the right to object. I would like to gable stream, and we have a report from the War Department bear some explanation as to the necessity of this bill. to that effect. · Mr. :MONDELL. I would like to ask the gentleman from · Mr. GUEJRNSEY. Mr. Speaker, I offer the following amend Connecticut why the purposes of this bill would not be served ment. by the language in the next to the last line of the first section, The SPEAKER pro tempore. The gentleman from Maine lines 4 and ·5, to the effect : offers an amendment which the Clerk will report. No deputy collector shall be removed from office witho.ut proper cause. The Clerk read as follows: Why is it necessary to say- On page 2, line 14, after the word "six," a.mend by adding: " Said bridge to be used only as a common highway for passengers That from and after the passage of this act the official status of and common vehicles, and in no case used for steam, electric, or other deputy collectors shall not be affected by the death, resignation, · or railways." removal of the collector by whom they were appointed. The SPEAKER pro ternpore. The gentleman from Maine Mr. HILL. Mr. Speaker, the present status of a deputy col offers an amendment to the committee amendment. The ques lector is a very peculiar one. When any collector of internal tion is on its adoption. revenue in the United States dies, every deputy collector in his The amendment was agreed to. district ceases to be a deputy collector. . By reason of his The committee amendment as amended was agreed to. death all the deputies are removed f1·om office, and a new col The bill as amended was ordered to be engrossed for a third lector is appointed, and the new collector has to appoint new reading; and being engrossed, it was accordingly reacl the third men and commission them. The bill a.s introduced r>rovides for time and passed. • an entirely different status. Now the deputy gives a bond to the collector, and the collector gh·es a bond to the Government. BRIDGE ACROSS BLACK RIVER, MO. Under the bill as drawn it was provided that the deputy col lector would not be appointed by the collector, but by the Sec The next bill was the bill (H. R. 30899) to author)ze the retary of the Treasury on the recommendation of the Commis Great Western Land Co. of Missouri to .construct a bridge sioner of Internal Re>enue, and should gi>e bond to the Secre across Black River. tary of the Treasury, which would release a collector of internal The CJerk read the bill, as follows: revenue from responsibility for the acts of the deputy Be it enacted, etc., That the Great Western Land Co., a corporation collector. The Government is not willing to release the col organized under the laws of the State of Missouri, its successors and assigns, be, and they are hereby, authorized to construct. maintain, and lectors of internal revenue from responsibility for the acts operate a bridge and approaches thereto across the Black River at a of his deputies, but insists on holding the collectors re point suitable to the interests of navigation at or near and below the sponsible. town of Poplar Bin.fr, in Butler County, in the State of Missouri. in accordance with the provisions of the act entitled "An act to regulate There nre other provisions in the bill aside from those refer the construction of bridges over navigable waters," approved March 23, ring to the method of appointment. These deputy collectors 1906. are appointed under civil-service rules. The law provides that With the following committee amendments: they shall be appointed by the cpllector, but they have to go in In line 4, after the word " Missouri," insert the words " its successors through the civil service. If the collecj:or dies, they all go out. and assigns, be, and they." · If the collector resigns, they all go out, a.nd if the collector is Amend further by adding as section 2 the following : removed, they all go out. Mr. PARSONS. Theoretically, they all go out. SEC. 2. That the right to alter, amend, or repeal this act is hereby Mr. PEARRE. Can they be removed without cause now? expressly reserved. Mr. HILL. They can be remm-ed at the will of the collector, The SPEAKER pro tempore. The Chair will state in answer without cause and without reason. .to inquiries that have been made that the bill No. 267 on the l\Ir. PEAR.RR And they are in the classified service? calendar, being H. R. 30900, to construct a dam across Black Mr. HILL. They are in the cla sifted service by a going-in River, next in order on the calendar, has been laid on the table, process, but they go out by a pushing process. [Laughter.] a Senate bill to the same effect having passed the House, and .Mr. GAR1\TER of Texas. May. I ask the gentleman from theTefore is improperly on the Honse calendar. Connecticut a question? Mr. MOORE of Pennsylvania rose. Mr. HILL. Certainly. The SPEAKER pro tempore. Is there objection to the con Mr. GARNER of Texas. Does this bill provide that they sideration of this bill? Does the gentleman from Pennsylvania shall give bond to the Go'\'"ernment or to tbe collector? rise to object? Mr. HILL. The bill as introduced requires that they shall Mr. MOORE of Pennsylvania. I desire to ask the gentleman give bond to the Secretary of the Treasury, but the Secretary is in charge of the bill whether the construction of this bridge not willing to accept that situation. over the ·Black River at this point indicated by the bill will Mr. GA.IlNER of Texas. But the Secretary of the Treasury cause an obstruction to navigation. is stU willing to hold the collector responsible, and at the mme Mr. MANN. It will not be an obstruction to navigation. time keep him in a position where he can not select his own Mr. MOOREJ of Pennsylvania. Then, I withdraw the objec deputy. tion. Mr. HILL. That is one of the unfortunate features of the The SPEAKER pro tempore. Is there objection? [After a civil-service law. pause.] The Chair hears none. The question is on the amend l\"Ir. FITZGERALD. This bill as reported by the House does ments. not provide that the bond shall be given to the Secretary of UHL CONGRESSION Ali. RECORD-HOUSE. 2009' . the Treasury. It does not change the law as to how the bond Mr. FITZGERALD', Because a driver down here in the Mall shall be given. What will be the effect if the collector dies got careless once. and by law one of the deputy collectors is continued in office Mr. DAWSON. These appointees must not only take a com and then does something that he would be liable for, who can petitive examination, but they must go to the eligible list, and recover on that bond? appointments are made only from that list. Mr. HILL. The collector is responsible. Mr. HILL. Absolutely. Mr. FITZGERALD. But the collector is dead. Mr. MOORE of Pennsylvania. Mr. Speaker-- Mr. HILL. The bondsman is responsible. Mr. HILL. Mr. Speaker, I yield to the gentleman from Penn- 1\fr. FITZGERALD. •.ro whom? sylvania for such time as he de~ires. Mr. HILL. To the Government. Mr. MOORE of Pennsylvania. 1\Ir. Speaker, there are about Mr. FITZGERALD. The bond runs to the collector. 1,100 of these deputy collectors in the United States. It is not Mr. HILL. The collector is responsible to tl;le Government proposed by this bill to increase their pay or in any way to for the acts of his deputy. affect the revenues of the Government. It is proposed by the Mr. FITZGERALD. But the bondsmen of the deputy col- bill merely to accord to these 1,100 men who occupy this lector are relieved. strange position as to the tenure of their office, hanging, as Mr. MONDELL. Now, Mr. Speaker, we have reached the point they do, between heaven and earth, that which is acc9rded I had in mind. The bond of the deputy collector runs to the to every other employee of the Government in the classified collector. If the collector dies, there is a new appointment, or service. at least a new bond to a new collector. They are the only men obliged to take a civil-service exami- Mr. HILL. Yes. nation who are removable in any other method than that l\Ir. MONDELL. A.s I understand it, the proposition is that 1 prescribed by the civil. service. . . the status shall not be changed or altered. In other words, the Mr. FITZGERALD. Oh, I think the gentleman is nnstaken bond still stands a bond running to a man who is dead. Is his about that. estate to contin~e to be liable on that·bond for all time under Mr. MOORE of Pennsylvania. A.nd when they are removed the provisions of the gentleman's bill? the appointing power has to go back to the civil service just Mr. HILL. Absolutely, and is now. The department is un- as in any other case, to secure and appoint their 'successors. willing that the status should be changed, so far as the respon- Mr. PEA.RUE. Will the gei;itleman yield fo.r a question? sibility is concerned. They are entirely willing and agree fully Mr. MOORE of Pennsylvama. Yes. that these gentlemen have a just cause of grievance in that Mr. PEA.RRE. Do I unde~st.and the gentleman to say that while they go in under the civil service they go out with a push, these men can be removed without charges now~ and if the collector dies, they quit anyway. Mr. HILL. These men can be removed at will by the col- Mr. MONDELL. That is not the point. · What is going to lector appointing them. happen, under .the provisions of this bill, when the collector dies Mr.. P~ARRE. Well, I have different information from the and one of these bonds is to be sued? Comm1ss10ner of Internal Revenue. Mr. HILL. Nothing different from what it is now. l\Ir. MOORE of Pennsylvania. Mr. Speaker, I have here the Mr. MONDELL. But at the present time there is a new col- statement of the Commissioner of Internal Revenue, which I lector and a new bond, and under the provisions of the gentle- think ought to be read for the informati.on of the gentleman man's bill there is a new collector, but the old bond against the and the House: collector, who is dead, still stands, running along. · · The deputy collectors occupy a most anomaloug. position. They are Mr. HILL. I suppose until it is satisfied, just as any other under the classified civil service as to appointment, but their tenure of office is not according to tpe ruJes of the classified service. The col- bond. lector has the right to remove them arbitrarily by simply canceling their Mr. MOORE of Pennsylvania. The bond against the collector commissions. runs just the same now. Mr. FITZGERA:LD. That is right, and there is reason for Mr. MONDELL. Under your legislation it might run for that also. years, but under the present practice does not continue in force after a new bond is given. Mr. MOORE of Pennsylvania. There are no other employees Mr. MOORE of Pennsylvania. This substitute was accepted of the Government in that position. by the committee with the view of covering the very point that Mr. FITZGERA."LD. The collector is personally responsible the gentleman from Wyoming raises. on his bond for the acts of these men, and he should have the Mr. FITZGERALD. But it does not cover it. _ arbitrary right to remove them from the service. Mr. MOORE of Pennsylvania. He has, and the Government Mr. MONDELL. I may be mistaken, but it seems to me that holds him responsible for their acts. it leaves the matter in this form-that if the collector should die the bonds of all his deputies would still continue to run to Mr. l!'ITZGERALD. Yes; and that is the reason why he should have the right to arbitrarily remove them, even if he him or his estate, with no provision for a new bond. can not prove what he suspects. Mr. MOORE of Pennsylvania. If a loss occurs to the Gov Mr. MOORE of Pennsylvania. I am not disputing the gentle- ernment, the Government would have the same right against the man. · - collector's bond and his estate. Mr. MONDELL. It would be impossible to settle his estate, Mr. FITZGERALD. He has that right, and he should and you have no provision under which a new bond could be have it. taken. Mr. DA. WSON. He has not the right to appoint successors. Mr. FITZGERALD. Mr. Speaker, in order to save time of Mr. FITZGERALD~ He is responsible for the acts of these the House, in view of the fact that we are approaching a cam men, and he should have the arbitrary power to dismiss them. paign the probable result of which will be that a number of He may suspect the integrity of them, but be unable to prove collectors will go out of the service, as they should go out, I am his suspicions. willing to consent that this bill should relieve. these deputies Mr. MOORE of Pennsylvania. That in no way lessens his from liability of their bond. responsibility to the Government. Mr. HILL. I trust the gentleman will not object, not just Mr. FITZGERALD. Not at all, but he should be able to get yet. rid 9f these men. Mr. BUTLER. The gentleman seems to be very close to it. Mr.· KOPP. Suppose a collector should die to-day. If the Mr. HILL. The committee in considering this proposition bill the-gentleman proposes became a law, the bond would still has treated it solely on its merits, without any political consid run in his name, would it not? erations of any kind. The collectors and these deputy collectors Mr. l\fOORE of Pennsylvania. It would so far as any de ' have the same right to the protection of the civil service that linquency occurring during his term of office was concerned. any other officer of the Government has. Mr. KOPP. Supposing a month from to-day a new collector Mr. PEA.RRE. A.re they subject to the same penalties now was appointed and the bond has not been changed, and sup for violation of the civil-service law? posing while the new collector is in. office, but the bonds of Mr. HILL. They are absolutely; and they are removable at the deputies have not been changed, there is a defalcation; will. It is an anomaly under the law, and they are the then, of course, the estate of the first collector is liable, only persons under the civil service of the United States so and who will bring suit against the bondsmen of the depu situated. ties? Mr. MANN. Everybody is removable at will now. The order Mr. MOORE of Pennsylvania. I assume the Government which requires that they should be removed only for cause would instantly bring suit against whoever gave the bond for shown has been rescinded. delinquency occurring during the life of the bond, and I assume f 2010 CONGRESSIONAL RECORD-HOUSE_ FEBRUARY 6, the new collector instantly on his appointment would require a gentleman himself will concede that this uncertainty of tenure new bond of the men who were financially responsible under is not for the good of the service. him. J'iir. MANN. I am trying to get information. . l\fr. KOPP. Who will bring suit against the deputies' bonds Mr. MOORE of Pennsylvania. These positions are so un for collection on behalf of the estate that must pay the Govern certain in tenure as to stop at any moment by reason of death, ment? resignation, or otherwise. • l\fr. l\IOORE of Pennsylvania. The Government still holds the l\Ir. l\fANN. But we have had internal-revenue collectors for bonds of the collectors. If the amount of the defalcation were many years, and doubtless sometimes one of them dies. Now, larger than the amount of the collector's bond, I suppose the what happens to the deputy collectors in that office when that Government would suffer a loss; but the Government fixes the does occur, under existing law'? _ amount of the collector's bond, and that is the limit of l\fr. HILL. . The Attorney General states it as follows in his liability. decision, on page 7 : ·Mr. KOPP. Suppose the estate had to pay; they do not pay Under section 149 of the Revised Statutes it would appear that a for a defalcation oreurring under a new c-0llector and after the vacancy oecurring in the office of the collector fr{)ID a~y cause and the first c0llector was dead, should we require the estate of the appointment of his successor has the effect of vacating the offiee of man to be liable ·for the defalcation after he is dead? the deputy oollector. That being oo, it is the duty of the newly ~p pointe-d coUector under the la.w to fill !be;se _offices in acc~rd~ce w~th Mr. Penn sy lv~ if .MODRE of But the delinquency oc the civil-service rules, either by recom~is 10rung the deputie~ rn se~v1ce curred during the lifetime of the collector I should say the estate by an instrument in writing under his hand .or by selections e ither would be responsible. from the eligible register or by transfer from othe1· positions in tbe !l1r. STAFFORD. Mr. Speaker- classified service. Mr. FITZGERALD. l\Ir. Speaker- Now I do not believe if I was responsible to the United The SPEAKER pro tempore. Does the gentleman from Penn- States 'Government for the handling -0f money I would be willing sylvania yield;. and, if so, to whom? to areept as my appointees men under the civil-service rules, a .Mr. MOORE of Pennsylvania. I yield to the gentleman from system which gives no guarantee whatever of character; and I Wisconsin. do not think these men ought to be included. However, they l\Ir. STAFFORD. Mr. Speaker, I would like t.o say for the are. . benefit of the gentleman making queries, that this bill in no way Mr. FITZGERALD. 'l'h~m why do you not report a bill seeks to do anything else than to provide the same arrangement taking them out of the classified service? that is now in force with the postal employees of the Govern Mr. HILL. Not at all. These 1,100 men, feeling the injustice ment. of their position, come to Congress and ask that the same char Mr. FITZGERALD. But it does not do so. acteristics be given to the exit from the service that is gh·en to 1\Ir. STAFFORD. I contend it does. The post-oifiee clerks the entrance. furnish bond to the postmaster, who in turn furnishes bond to Mr. FITZGERALD. Will the gentleman yield to a question? the Government, and when a change in the position of post if l\Ir. HILL. Certainly. master occurs, the bonds of the clerks still run on, and any l\Ir. FITZGERALD. The gentleman believes it is an injus defalcation or shortcoming occurs during the interim before tice to the collectors to compel them to take these men from another b.ond is given the new official, the bond of the post t.o the civil-service list without any discretion on his part as to office clerk is good in favor of the Government. Now, we wish to provide and extend this same protection which post-offic? whom he shall select? Mr. HILL. I do. clerks and letter carriers have to this character of service, :Mr. FITZGERALD. You believe he ought to have the right, who are, in fact, all under civil-service law and could as he is liable for their acts, to select these men himself? not be removed when there is a death or when there is Mr. HILL. I do. . a removal. It is simply extending the purpose of the law to these officialB, to these employees, just as it is n-0w extended l\Ir. FITZGERALD. And as he has not that power you want to go further and make the injustice greater by making it im to the postal employees and other employees of the Govern possible for him t.o remove these men? ment. Mr. FITZGERALD. I want to make a brief statement. l\Ir. HILL. It is not as unjust to the collector as it would be to his deputies_ l\Ir. 1\!00RE of Pennsylvania. Before we cl-Ose this discus Mr. MA~1N. Under this provision, if the .office is changed, sion, I wish t.o say to the gentleman from New York that it does seem to me, in all fairness, that whereas Executive orders the deputies continue in office under the new collector, with the power on the part of new collector to remove for use. have been made heretofore, under various administrations, fix a ca ing the tenure of employees of the G-Overnment and giving them The power to remove for cause is the power to remove abso permanent places or during good behavior:, it would be fair lutely, because the person who judges the cause is not the now, even at this time, that the 1.,100 men who are the re depnty collector, but the c-0lleetor, so that the effect of the bill only continues deputy collectors in office under the new maining employees of the Government not benefited by ~ecu tive order to that extent ·should have the same pnvilege collector until the new collector, if he desires to do so, removes granted to them. I submit to the gentleman that this act pro them. vides that the " official status" of the deputy collectors shall l\f.r. FITZGERALD. Mr. Speaker, to save the time of the not be affected, and so forth, and that the financial status <>f Hou~e, I object. The more this discussion goes on the more the deputy collect.or remains exactly as it was before this bill convinced I am this bill wi1.1 not puss. was brought into the House. It is the "official status" that Mr. BARTHOLDT. Will the gentleman withhold his objec- is sought to be corrected; the liability of the collector to the tion? . . . . Government is just the same. Mr. FITZGERALD. No; I obJect. There 1s a _bill on ~ .Mr. l\.!Al.~N. What is the official status of the deputy col- -calendar to take. the duty off. meats, and I would like to get it leetor now upon the death, resignation, or removal of the col- out of the committee, so I obJect. lector? :Mr. MOORE of Pennsylvania. The official status is that he TIME OF HOLDING COURTS IN WEST VIRGINIA. dies with the col1ector. The next business on the Calendar for Unanimous Consent Mr. MANN. I take it that the internal-revenue offices do not was the bill (H. R. 28215) to fix the time of holding the circuit all close up because a mun is removed or because a man dies; and district courts for the northern• district of West Vir- his office does not close up. ginia. Mr. BENNE'.r of New York. Mr. Speaker, as t recall the pro- The bill was read, as follows; vision of the statute, it is that upon the death of. the collect.or Be it enacted etc., That so much .of the act of Congress approved of revenue and the absence of the deputy the chief clerk acts February 11 1907, entitled "An act to fix the time of holding the cir as collector. cuit and district courts for the northern district of West Virginia." as Mr. MANN. What becomes of the deputy. collector! relates to the time of holding the regular terms of the circuit and dis trict courts of the United States for the northern district of West l\fr. BENNET of New York. They can be reappointed. Virginia be amended .so as to i·ead as follows : Mr. ~IOORE of Pennsylvania. They die officially on the ap- " Regular terms of the circuit and district courts of the United States for the northern district of West Virginia shall begin at the following pointment of a new collector. time£ and places in each year : At Martinsburg, the first Tuesday of Mr. M.ANN. Supposing an internal-revenue collect~r having April and the third Tuesday of September ; at Clarksburg, the second a. large office dies and there are a number of deputies, what Tuesday of April and the first Tuesday of October; at Wheelim:, the first Tuesday of May and the third Tuesday of October ; at Philippi, happens? the fourth Tuesday of May and first 'l'uesday of November; at Mr. MOORE of Pennsylvania. The office would be carried Parkersburg, the second Tuesday of January and second Tuesday of along, I presume, until this question arose; but I think the June." 1911. CONGRESSIONAL RECORD-. HOUSE. Also the following committee amendment: United States the right to receive from it ·compensation for Line 9, after the word "June," on page 2, insert: .injuries sustained in the course of their employment." "Provided, '!'hat a place tor holding said court nt Philippi shall be The G11erk read the bill, -as follows: furnished to the Government free of cost by the county of Barbour until Be it enacted., etc., 'That section 1 of an .act entitled "An act grant other provision is made therefor by law." ing to certain employees of the United States the right to receive from The SPEAKER pro tempore. Is there objection the con- it compensation for injuries sustained in tbe course of th~ir employ to ment/' approved May 30, 1908~ be amended so as to read as fol sideration of this bill? .lows: There was no obJection. " That when, on or after August 1, 1908, any person employed by th-e United States as an artisan or laborer in any of its manufacturing -The committee amendment was agreed to. establishments, ·arsenals, or navy yards, or in the construction of river Mr. HUBBARD of West Virginia. Before the bill is put on and harbor or fortification work or in .hazardous employment on con its passage I desire to offer a further amendment, which is struction 'WOrk in the reclamation o! arid lands or the management and control of the same, or in hazardous employment under the Isth suggested by the district judge, as follows : mian Canal Commission, or as an artisan or laborer or other employee On page 2, line 7, . striXe out the -word ·« first u and insert the word engaged in any hazardous work under the Bureau .of Mines, is injured - "second." in the course of such employment, such employee shall be entitled to receive for one year thereafter, unless such employee, in the opinion of - The fact is, this is to postpone the fall term for one week at th.e Secretary of Commerce and Labor, be sooner able to resnme work, Philippi. . the same pay as if he continued to be employed, sueh payment to be made under such regulations as the Secretary of Commerce and Labor The SPEAKER pro tempore. The gentleman from West Vir- may prescribe : Provided, That no compensation shall be paid ·under gmia offers an amendment, whieh the Clerk will report. this act where the injury is .due to :the negligence or misconduct -0f ·The Clerk read as follows~ the employee injured, nor unless said injury shall continue for mo.re than 15 days. All questions of negligence or misconduct shall be deter Page 2, line 7~ strike ou.t the word " first " and 1nse.rt ·•t second." mined by the Secretary .of -Commerce and Labor.'' The amendment was agreed to. The SPEAKER pro tempore. Is there objection? The bill as a.mended was ord€:red to be engrossed and read a .Mr. l\IANN. Mr. Speaker, reserving the right to objec4 I third time, was read a third time, and passed~ would like to suggest to the gentle-man from Utah, in charge of the bill, that the original act-section 1-which is .quoted PROCEEDINGS .ON APPEAL AND WRIT OF ERROR. in this bill, provides in reference to .artisans and laborers ; any The next business Qn the Unanimous Consent Calendar w.as of the manufacturing establishments, and so forth, or any the bill ( S. 6386) to diminish the expense of proceedings on ap hazardous employment or construction work in Tec.Iama_ti.on peal and writ or error or certiorart of arid lands, and so fortb, and any hazard-0us .employment The Clerk read the bill, as follows : under the Isthmian Canal Commission, and so forth, while Be it enacted, etc.~ "That in .any cause or proceeding wherein the fina'.l the amendment suggested as to the Bureau .of Mines proposes judgment or dee~ is ·sought to be reviewed on ·appeal to, or by wrlt to include .all employees. It .seems to be rather ·a wide de of error from, a United States Circuit court of appeals the appellant parture from the theory of the original Jaw, and I will ask the or plaintiJr in error .shall cause to be printed under .such rules as the lower court shall p.rescrib.e, and shall file in the office of the derk of gentleman if be would be willing to amend by striking .out, m such circuit court of appeals at least 20 days before the ease ls ealled Jines 6 and 1, the words "or as an artisan or .Iabore:r or other for :nrgument therein, at least 25 printed transcripts of the record of employee engaged," and then insert the word " emplo_yment " the lower eou:rt, .and of such part or abstract of the proofs as the rules of such circuit court of appeals may require, and in such form in place thereof; in line 8, so it would read : as the Supreme Court of the United 'States -shall by rule prescribe, one Or any hazardo.us employment under the Isthmian Canal 'Commis of which printed transcripts shall be certified under the band of the sion .or in any hazardous e:m_ployment under the Bureau -of Mines ls clerk -0f .too lower court and under the seal thereof, and .shali furnish Injured, etc.--;- three copies of sn£h p.rinted transcript to the adverse party .at i~ast 20 days before sue·h argument: Provided, That either the court below or the drcuit eour:t of aweals may order .any -0r1gina1 docu placing the Bureau of Mines -<>n .identically the same .footing as ment or other' -evidenra to be ,sent up in addition to the -printed other servants of the Government. copies of the reco.rd or in lieu ol prin:ted copies of a part thereof ; l\!r. HOWELL of Utah. I think that ts the intent of the and no written or typewritten transerlpt of the -record shall be re quired. lan~age, but if lit Illil.kes it -any clearer, I will accept it. SEC. 2. That m .any 'CaU£e or proceeding wherein the final judgment Mr. MANN. When the original act was passed taking in or decree is sought to b.e reviewed on appeal .to or by writ of error the Isthmian Canal, it was found that ap.Parently it prevented or of certiorari from the Supreme Court of the ·united states, in which the l'eeo:rd has been printed and used upon tlle .hearing in the the commission from paying any emJ>lo_yee out o"f the service court below and which Sllbstantia.Ily eo-nfonns to the printed reeo.rd for less than 30 days. We passed an act February 24, 1909_, for in said Supreme Court, if there have been at th~ .time of filing the the purpose of remedying that condition. Now. the reenactment record in the court below 2i'i copies of said printed record, in addi tion to those provided in the .preceding section, lodged with the clerk of this act ma-y be construed as the repeal of the act in reference of the court below, one copy thereof shall .be nsed by the clerk of the court to the Isthmian Canal Commission, .and I wish to add an amend below in the pr.eparation and a.s a part .of the transcript of the record of the ment in the words of the act· of Februazy :24, 19-09, that it court below; and no fee shall be .allowed the clerk of the court below so in the preparation of the transcript for such part thereof as is in will not be unde-rstood as rel>ealing that. cluded in said printed record so lodged with him. And the -clerk of Mr. COX of Indiana. l\lr. ~p.eaker, . I would like to ask a the .court belo-w, in transmitting the transcript .of recor.d to the Supreme g.uestion. What is the necessity of confining this recovery only Court of the United States for review, shall at the same time -transmit the remaining uncertified copies of the printed record so lodged with fo employees who work in hazardous employment in the Recla him, which shall be used in the preparati-0n and as a -part of the mation Service of the Isthmian Canal Service or engaged in printed record in the .Supreme Colll't of the United States, and :the the Bureau of Mines? · clerk's fee for preparing the Tecord for the printer1 ~dex_ing the same supervising the printing and binding and distributing the .Mr. MANN. Perhaps there is no necessity for it. Of course, copies .s:hall be :at -su:eh rnte per folio thereo:t:, exdusive of the the gentleman understands that until this liability act was printed recor.d so furnished by the clerk of the court below, as the Supreme Court of the United States may from time to time 'by :rule passed, it was the consistent _policy of the Government for prescribe ; and no written or typewritten transcript -0f so much of 125 years not to hold itself liable for the injury of Us em the record as shall have been printed as herein provided shall .be ployees. iequired. Mr. COX <>.f Indiana. In which it was clearly wrong. The SPEAKER pro tempore. Is there objection? l\Ir. MANN. When the liability act was passed the limitation There was no objection. was to certain manufacturing establishments _like the navy The bill was ordered to be read a third time, was read the yard .and the arsenal, where .th.e Government engaged in similar third time, and passed. occupations and certain hazardous employment. Now, it could not be expected that by unanimous consent that theory or usage DAM A.C:COSS .THE MISSISSIPPI RIVER. will be changed. I will say to the gentleman, as far as my own The next business on the Ummimoos Consent Calendar was position is .concerned, that I put a provision in the Panama the bi11 H. R. 2t>755) to extend the time to -construct a dam Canal act, which we passed at the last session of Congress, and across the l\Hssissippi River by the .St. Cloud IJ)lectrie Power which is pending now in the Senate, authorizing the President past several months a number of them have been slightly in- of this law might put us in the same position we were before jured, and several of them have been seriously hm't. Indeed, this amendment was enacted. in no branch of the Government, except in the Life-Saving Serv- Mr. COOPER of Wisconsin. Right in that connection I '\\i~h ice along our coasts, is the work of the technical experts, labor- to say this: I believe that the Government of the United St~tes ers, and artisans of so hazardous a character as is a large part ought to compensate a workman in its employ injured for life of the work of the Bureau of Mines. through no fault of his own by making some provision proper Only a few years ago pra~tically all the members of a rescue for him for the remainder of his life. party of 40 were killed by a secondary mine explosion, while European Governments are adopting this policy, as also, I they were endeavoring to rescue 20 men who had been en- believe, are some of the great manufacturing establishments in tombed by a previous explosion a few hours before. Similar this country. Where a Government employee, in the course of experiences have by no means been infrequent in this and other his employment and without fault of his own, but, for example, countries. It is the duty and business of the mining engineers, through a defect in machinery, is maimed or crippled for life, and occasionally of the chemists, of the Bureau of Mines to he ought to be suitably taken care of for the rest of his life penetrate the remote parts of coal mines as quickly as possi- by the Government. I do not like the policy of permitting the ble after a disaster has occurred. During such explomtions Government thus physically to ruin a man and then to pay they are in constant danger of death or injury f.rom possible him only one year's wages, aggregating six or eight hundred secondary explosions of gas or dust, resulting from . smolder- dollars, and leave him to starve or go to the poorhouse. It is ing fires started by a previous explosiOn, from a defective economical, but it is not right. [Applause.] lamp, or from an accident caused by other parties in dif- The SPEAKER pro tempore. The question is on agreeing to ferent portions of the mine, and entirely beyond their con- the ·amendment offered by the· gentleman from Illinois [Mr. trol. MANN]. Few people realize the magnitude of the mining industry in The question was taken, and the amendment was agreed to. this country or its importance as one of. the twin foundation Mr. BENNET of New York. l\Ir. Speaker, I desire to offer industries-agriculture and mining-producing the real wealth an amendment, which I send to the Clerk's desk: of the Nation. While the contribution which mining makes in The SPEAKER pro tempore. The Clerk will report the crude materials to the aggregate wealth of the Nation is less amendment. · than that yielded by agriculture, the net tonnage which mining The Clerk read as follows: adds to the transportation of the country is five times greater Page 2, line 6, after the word "commission," insert: than that of the farm. Furthermore, the manufacturing indus- " Or any hazardous employment under the Immigration Servic~." try and the trans~ortation facilities of th~ country, including . The SPEAKER pro tempore. ~he question is on agreeing ~ the hauling of freight, passengers, and mails, would to-day be the amendment. impossible but for our m~ing operati.ons. . . The question was taken, and the Chair announced that the Probably no b~reau of the Government create~ m recent noes seemed to have it. . years has come m. response to so popular and wi~espread a Mr. BENNET of New York. Division, Mr. Speaker. demand as that which brought forth the Burea~ of l\irnes. Cor- The committee divided, and there were-ayes 17, noes 10. respondingly large results are expected from its work by the _ So the amendment was agreed to. people of ~h~ country, and they e~pect C_ongress to m~ke ade- Mr. PRAY. Mr. Speaker, I ask unanimous consent to extend quate prov1s10n for the consummation of its plans. my remarks in the RECORD. A~ present the effo~ts of the bure:iu are ~on.fined almost e...""lC- The SPEAKER pro. tempore. Is there objection? cl?sively to the question of .the savmg of hfe ai;n?ng ~he coal There was no objection. mmes of the country, in which branch of the mmrng rndustry Mr. ENGLEBRIGHT. Mr. Speaker, the Bureau of Mines for. more than 7?0,000. men are engaged: B~t .thr~ughout the West- the short time that it has been organized has been doing very ern States, m which the gr~at metal mmrng mterests ar~ con- efficient work in furnishng information looking to the improve centr3:ted~ the Bureau of Mmes is S?0 n expected to ~egm the ment of mine conditions, a.nd which has already been the means orgamzat10n of its work. to help this branch of the rndustry, of saving the lives of many miners. It has taken up mine-rescue a~~ these States are. loo~mg to C?ngress to n;iake adequate pro- work, and has an efficient corps of men, who are at all times v1s10n for the orgamzation of this work durrng the next fiscal available to enter mines after an accident to save life under year. very dangerous conditions. The employees at the experimental .T~e Bur~au of Mines has already won 'the ~onfide?ce of the station are at times engaged in extra hazardous work, in the ~mmg engrneers . throughout the cou;ntry. It is rapidly sec~r- explosive gallery, in testing explosives, and in the chemical lab mg the cooper:ition .of both the ~me owners and the m1;11e orntory making the many experiments necessary to obtain proper workers. It bids fair to accompllsh the large and beneficial information that will be of use to mine owners and miners to results predicted by its friends when they urged its estab- prevent accidents. lishment. . . .To keep the employees of the mining bureau up to a high The SPEAKER pro tempore. The q1:1es~1on is on the amend- standard, in justice to them, there is no reason why the law ment offered by the gentleman from Illinois [Mr. MANN]. "granting to certain employees of the United States the right The amendment was agreed to. to receive from it compensation for injuries sustained in the Mr. MA.NN. Does that cover the striking out of the word course of their employment " should not be extended to them, " work," in line 8, and ·inserting " employment?" and I hope this bill will pass. The SPEAKER pro tempore. The Clerk will report the The bill as amended was ordered to be engrossed and read amendment. a third time, was read a third time, and passed. The Clerk read as follows: · TJtE CENSUS. Pa9e 2, line 8, strike out the word " work" and insert "employ ment.' The next business on the Private Calendar was the House The SPEAKER pro tempore. Without objection, the modi:fi· joint resolution 248. cation will be agreed to. The Clerk read the joint resolution, as follows: Mr. MANN. I have another amendment to offer at the end Joint resolution (H. J. Res. 248) a.mending section 32 of the act of of the bill. Congress approved July 2, 1909, providing for the Thirteenth and The SPEAKER pro tempore. The gentleman from Illinois subsequent decennial censuses. Resolved, etc., That section 32 of the act of Congress approved July offers an amendment, which the Clerk will report. 2, 1909, providing for the Thirteenth and subsequent decennial censuses, The Clerk read as follows: be amended by adding at the end thereof the following : " That the Director of the Census is also authorized, at his discretion, Insert at the end of the bill : upon the request of the chief executive officer of any State, Territory, "Provided, however, That nothing contained in this act shall pre county, municipality, or other civil division, or of any religious, charita vent the Isthmian Canal Commission, under rules to be ·fixed by the blei or educational organization to compile, from the official schedules commission, from granting to its injured employees, whether engaged col ected by the Census Bureau, tables of statistics, which, in his judg in a hazardous employment or otherwise, leave of absence without ment, will serve a public interest, but which would not, under the au pay for time necessarily lost as the result of injuries received in thority of law, be compiled as part of the official publications of the the course of employment not exceeding in the aggregate 30 days per Census Bureau : Provided, That such special compilations shall not in annum. - terfere with the prompt and proper compilation and publication of the "Provided,, however, That compensation paid to such injured em statistics required by law : And provided, That before the compilations ployees under such regulations shall be deducted from any compensation shall be made or delivered the actual clerical expense of compiling such which such employees may be entitled to receive under the terms of statistics, plus 10 per cent additional, shall be paid for such service by this act." the civil authority or organization requesting the same, and that the amounts so received shall be covered into the Treasury of the United l\Ir. MANN. 1\lr. Speaker, the only purpose of that is to States, to be placed to the credit of and in addition to the appropria remedy a defect in the law that was passed. The enactment tions made for taking the census." 1911. CONGRESSIONAL: RECORD-HOU_SE. 2015 With tl;le following committee amendments: I ·would like to inquire why the funds should take that course In line 10, page 1, after the word "any," strike out the words rather than be turned back into the Treasury. "pl'ivate Individual or" and insert the words "religious, charitable, or l\fr. LANGLEY. Because the expenses of the clerks that are educational." detailed to make the compilation are paid out of the appropria Strike out all after the word "organization," in line 10, all of lines 11 and 12, and line 13, page 1, to and including the word "Territory." tion for general census work, and we simply replace it. That Page 2, line 7, strike out the words "results of the," and in the same is the usual custom. line insert after the word "be" the words " made or." Mr. STAFFORD. Is it not the usual custom when vrnrk of In line 9, page 2, after the word "authority," insert the word "or." In line 10, page 2, a.fter the word "organization," strike out the this sort is required to have the person perform the work after words .. or individual." office hours, for which he recei"ves extra compensation? Mr. LANGLEY. No; it is not the custom. Under the pro Mr. LANGLEY. Mr. Speaker, I am directed by the Com visions of the present census law there is certa.in work which mittee on the Census to ask the House to disagree to the com the Director of the Census can have done at the request of the mittee amendment on page 2, line 12. We inserted that amend governor of the State or the judge of a court of record, and ment, but after the attention of the Director of the Census was that work when done is paid for by the person making the called to it he said it would be impossible to make anything like request and the money placed to the credit of the census an accurate estimate as to what the cost of the proposed com fund. pilation would be. Our idea was that the money ought to be Mr. STAFFORD. Will the gentleman inform the committee deposited before anything was done in the direction of making as to whether there will be any plan arranged whereby the the compilation; but that being impracticable, the committee director of the bureau would make a report as to the amount at a subsequent meeting decided to reconsider the amend ment. of work that is performed under this bill? .Mr. LANGLEY. This bill makes no pmvision of that char The necessity for the passage of this joint resolution is clearly stated in the following extract which the committee has acter. received from the Director of the Census: Mr. STAFFORD. Does not the gentleman think there should be some return made to Congress. so that the House There freqnently appears a very strenuous demand for special com- may know how much work of this character is being performed pilat ions of statistics for some State, city, or other locality, such statis- in addition to the regular public work? fortics thebeing Federal of such Government essentially localto compile interest and that publish it would them not at be its proper own Mr. LANGLEY. Well, this wi"ll be regular· public work if expense. As an illustration, the bureau has requests from New York the resolution becomes a law, in the sense that it will be done and other large cities for statistics showing the population or the char- by the regulai· census force in office hours. actedsmaller tics than of orthe differentpopulation from for theindividual regular blocks,official ordivisions for special which areas are Mr. STAFFORD. It is regarded by this bill as private in recognized by the Census Bureau. These special statistics would doubt- character, and any person availing themselves of it will be less often be of very material value to the city government or to the obliged to pay for it as if it were a private work. people of the city, but are not of general interest throughout the f th country, and the Census Bureau would not be justified in compiling and Mr. LANGLEY. Yes; but I take it that the Director o e publishing these statistics under its general appropriations. Census will include in his annual report a statement of the ·At ·present there is no authority in the census act for complllng such amount of work done under the terms of this resolution. special statistics at the expense of the person, organization, or govern- 'Ir. STAFFO"D. . That of course ·s predi"cated on surmise, ment requesting the same. It ls possible that it was the intention of D • n. 1 Coni;-ress to provide for this in section 32 of the census act, but as I and not upon anything that is required of him. read that section the authority granted with reference to furnishing l\I LANGLEY It i th t t d th t They are very matel"ial applies only to actual copies of the original population or r. · · S e cus om O 0 a · · agricultural returns. The idea of the amendment which I am suggesting thorough and accurate in that bureau anyhow. ls to permit the bureau to fumish not copies of the schedules, but com- Mr. MANN. Will the gentleman yield for a question? pilations made ·from them--compilations which, in most cases, could be l\Ir. LANGLEY. Yes. ~~~~u1~sa¥r~X:i~n~~~t:\~t~~~~t1o~~sc~etrl~~~f:.nscribing the original Mr. MANN. The census is made primarily for the appor- It seems to me clearly desirable that the Federal Government should tionment of Members of Congress. do all in its power to render the great mass of material which ls Mr. LANGLEY. That is one of the purposes. collected by the Census Bureau at such heavy expense as useful as possible, not simply to the country as a whole, but to each part thereof. Mr. MANN. Well, that is the constitutional purpose. It would cost a State, municipality, or private individual often many Mr. LA....~GLEY. Certainly. times as much to collect information directly on a given subject as to Mr. l\IANN. It may be that is not the primary purpose, but obtain it from the census schedules. It is not, of course, the intention at the present census to reduce In that is the requirement of the Constitution. any degree the scope of the information which will be published con- Mr. LANGLEY. That was the original purpose, but the cerning each locality at the expense of the Government itself; on the scope of the census is much broader now than it was orlg contrary, it is the plan of the director to publish somewhat more In- formation regarding each locality than has hitherto been published. inally. There are, however, plain limits beyond which it would not be at all Mr. MANN. That being the case, Members of Congress de- proper for the Government to go at its own expens~. · pend largely upon the apportionment of legislative districts and Mr. Speaker, I am not certain as to the proper parliamentary aldermanic wards, and so forth, in country and city. Now, way to get at it, but I presume the amendment the committee why is it not a proper thing to furnish information to States reconsidered could, by unanimous consent, be withdrawn. and cities in the way of statistics without requiring them to The SPEAKER pro tempore. The question is on all the pay for it? amendments except that to line 12, page 2. Mr. LANGLEY. Perhaps the gentleman does not quite catch The question was taken, and the amendments were agreed to. the purpose of this bill. Under the present law copies of The SPEAKER pro tempore. The question now is on the schedules only can be furnished, but the Director of the Census amendment to line 12, page 2. informs us that frequently be has requests, say, from farmers' l\lr. LANGLEY. That is the one we do not want adopted. organizations for certain statistics in townships-- 'l'he question was taken, · and the amendment was disagreed l\fr. MANN. Oh, I am not talking about that part of the to. bill. I a.m ta.lking about the part of the bill that relates to Mr. LANGLEY. l\fr. Speaker, by direction of the committee, States and municipalities and counties and other civil divisions I offer the following amendment. of the Government. The SPEAKER pro tempore. The Clerk will report the Mr. LANGLEY. We do not think the character of compila- amendment. tions provided for in this bill is of sufficient general importance The Clerk read as follows: to warrant the payment for such compilations out of the regu- Page 2, line 18, after the word "census," change the period to a semi- lar census appropriation. colon and add the following: ~ Mr. MANN. Well, take my city, for instance. They want "And the estimated clericnl expenses of com~iling such statistics and to make a reapportionment of the city into wards, and that will 10 per cent additional shall be deposited with the Director of the Census, with the request for such compilation to secure payments have its effect upon the congressional apportionment. That is thereof as aforesaid." the primary purpose of .taking the census. The Constitution The SPEAKER pro tempore. The question is on the amend- requires that the census be taken for that purpose, and yet ment offered by the gentleman from Kentucky. when we want to get information by blocks in the city, which is 1.'he question was taken; and on a division (demanded by l\Ir. just as important as it is by townships or counties in the LANGLEY) there were 16 ayes and 5 noes. country, we can not get it from the Census Office without pay- So the amendment was agreed to. ing for it under this provision. Mr. STAFFORD. l\fr. Speaker, I want to ask the gentleman Mr. LANGLEY. That is true. . in charge of the bill a question. I notice in the last two lines Mr. MANN. Why should that be? of the bill you provide that the moneys that are to be paid for Mr. LANGLJPY. We~l, I do not think,. as. I ha~e . already fais character of service are to be placed to the credit of the said, that the mformation the gentleman md1cates is of suffi. bureau in addition to the appropriations made for census work. 1 cient general importance to warrant the payment for the com. XLVI--127 , CONGRESSIONAL RECORD- HOUSE. FEBRUARY 6, pilation out of the census appropriation. Be.sides, the . work The SPEAKER pro tempore. Is there objection to the con would be too expensive. If, for example, the gentleman's city sideration of this bill? [After a pause.] The h.:l.ir hears none. of Chicago should ask for a compilation by .blocks-and it proba Mr. MAJ.~. l\fr. Spealrer, I offer the following amendment, bly would, if it could be done at the expense of the United which I send to the desk .and ask to have read. States Government-it would be a very la'borious ana expensive The Clerk read as foll-0ws: · piece of woi·k. lnsert a ll€W section, to re:i.d as follows: 1\Ir. 1\IANN. The gentleman believes the money ought to be · "SEC. 2. The rlght to amend, alter, or repe-al this ad ill hereby ex- expended for something not contemplated by the Comititution, pressly r.e...<>erved. · which has nothing to do with the apportionment of Representa The SPEAKER pro tempore. The question is on agreeing to tiYes, rather than making a census which can be profitably used the amendments. .in making an .npportionment. · '.rhe amendments were agreed to. Mr. LANGLEY- That is not a guestion here. The congres The bill a~ amended was ordered to be engrossed and read sional apportionment is based upon entirely different statistics .a third time, was read the third time, and passed. to that pi-ovided for in this resolution. Mr. !.IANN. Why, the apportionment is based upon statistics EXTRA. OOMPEN&ATfON FOR NIGHT DUTY FOR CERTAIN EMPLOYEES lN a.s to population. THE CUSTOMS SERVICE, ETC. Mr. LAl~GLEY. Certa.inly; but the gentleman knows thnt it The next business rm the Unanimous 'Consent Calendar w11 s is not based upon .n ' block {!ensus," but upon the population of the 'bill { s. 60ll) to nro'Vi.de for the lading or unlading of ves- · each State, excluding Indians not taxed-- J:' Mr. MANN. When we want ·to get statistics o.f the popula- 'Sels at night, the preliminary entry of v-essels, and for otheT tion by blocks-- purposes. Mr. LANGLEY (continuing). And that population has al- The Clerk 1'€.3.d as follows~ ;ready been promulgated. Be it enacted, etc. Mr. MANN. Oh, the gentleman is not familiar with the facts. SECTIO 1. That upon arrival at any port in the United States of The Tlopulation by blocks is not ·only no"- gi'...,,n "'Ut, but ..,.,ey a:ny vessel or ottJ:er conveyance from a .fu-reign port <>-r pince, either P ''L •"" v UJ. directly or by ·w.ay of another -port ln the United States, or upon suc)l refuse to give it out. • · rrtv:al from another port in the United States of any vessel or other Mr. LANGLEY. Well, I think I am about as familiar with conveyance bcl-onging to a illne designated by the cretary of the '.l'rea.s· the facts as the 2'.entleman friom Illinoi·s. The p"'e"""T>t · census ur:.y as a common carrier of bonded merc~:mdl~,. and, after due report ~ L ·"""il nn'd enb·y of ue.h vessel in aeeordance with existin.g kl.w or due report, law does not. provide for the furnishing of a com))Hation of this under ueh regulations as the Secretary of the Tren.su.ry may prescribe, locnl character-- of the a.ri-ival <>f .such other conveyances, ·the eollector ot customs, with M MA.N:n..T the con-curren1'e -of the n:av:il officer t ports where there is a naval r. u-,. Local character'? Why, the block in the city officer, shall grant, up-on pr-oper applicati<>n therefor~ a special license has as many people as a township, and almost .as .a county, in to la~e or u11bi:de the ear.go of any sueh vessel -0r other -conveyance at the gentleman's State, and be wants the information and ha:s to nl..,bt.; that is to "Say, between sunset and sunti e. h •t • his S SEC. 2. Th.at the master of any vessel from .a foreign port or place, . aye l m ' t:ate ~order to make a.n apportionment, and yet upon ardvru within a customs -collection distrkt of the Unired States, it lS not proper to give it to us by blocks. Why should we not bound to a port of entry in such district, may make preliminary entry have the information by blocks he .ha t nl of the vessel !by making oath or a.ffirma.tion to the truth of the state- . • w re we ve a grea pop a- roe.nm contained in his origin.al manifest :and deliverin.g his said 'Original tion in blocks? manifest to the eu.stoms offieer wbo shall boa.rd such vessel within Mr: LAN~Y. I do not know .much about city blocks, and such district,, with a copy of sa1d o-riginal manifest for the use of the especially Chicago blocks, but density of population is not the naval officei· at ·ports b.ere there is a naval >0:ffieer; whereupon. upon 1 ti iarrival at the wharf or place of discharge, the >lading or unlading o! on Y essen al to a desirable constituency. The census of cities the cargo '<>f such vessel may proeeed, by both day nnd night, was not taken by blocks, and there is no provision in the census under such regulations as the Secretary of the T.l·ea.sury muy pre- la ~ requil'ing it to be so taken. It would be, as I have ah·eady scr~ 3.. Th:at before any such special license to lade "Or unlade at said, a very laborious and expensive piece of work to make such night shall be granted and before .any permit shall be issued for the a compilation, and any ci1;y t hat wants it should be required to immediate lading or un.lading of any such vessel after preliminary pay for it. entry, as bereinbefore provided, either by day 'Or by night, the master, .MI p ·owner, agent, or ronslgnee of :such yessel or other eonveyance shall •. .ARS 0 NS. Has not that be.en furnished in the past in make proper a11'Plieatlo:n therefor .a.nd shall at the same time execute the cl ties? and deliver to the United States, thro11gh the collector to be held in expositions to be held in 1911 and 1912 by the Merchants with the meeting that is to be held next year of the Interna and Manufacturers' Excbang~ of New York, in the buildings in the elty of New York owned or controlled by the Merchants & Manufacturers' tional .Association of Chemists, an exposition of women's work Exchange, a corporation organized under the laws of the State of in arts and crafts, and one showing the work of schools of New York, upon which the.re shall be a tariff or customs duty, shall desjgn. be admitted free of the payment of such duty, customs, fees, or charges, under such regulations as the Secretary of the Treasury shall Then they are going to have there the same sort of a thing prescribe; but it shall be lawful at any time dm·ing the exposition to that they ha1e in European cities-I believe in Leipsic there sell, for delivery at the close thereof, any goods or property imported is a famous exhibition called the Leipsic Fair-and such as for and actually on exhibition in the exposition buildings, subject to such regulations for the security of the revenue and for the collection they have in the Crystal Palace, London. of import duties as the Secretary of the Treasury may prescribe : Pro 1\lr. STAFFORD. Has there been any similar exposition held -vided, That all such articles, when sold or withdrawn for consumption in this country? or use in the United States, shall be subject to the duty, if any, im posed upon such articles by the revenue laws in force at the date of 1\ll'. PARSONS. I can not answer, but I know of none. But withdrawal; and on articles which shall have suffe~d diminution or I wi h to say that the Secretary of the Treasury, while he says deterioration from incidental handling and necessary exposure the duty, that it will do these things, says that the Treasury is carefully if paid, shall be assessed according to the appraised value at the time of withdrawal for consumption or use; and the penalties prescribed by safeguarded. It has the unanimous report from the Committee law shall be enforced against any person guilty of any illegal sale or on Ways and Means. withdrawal: Pro-i;idecl fur the,., That nothing in this section contained Mr. STAFFORD. Is it not a premium on foreign-made goods shall be construed as an invitation, express or implied, from the Gov ernment of the United States to any forei~ government, State, munici by allowing them to be sold free of duty by the exposition pality, corporation, partnership, or indivioual to import any such arti management? cles for the purpose of exhibition at the said exposition. 1\lr. PARSONS. Not at all. SEC. 2. That the Secretary of the Treasury may, in his discretion, extend the time of the expositions for a period not exceeding six months 1\fr. ST.AFFORD. They are not required to pay any duty if sfter December 31, 1912. not sold. Mr. PARSONS. They are here for exposition purposes. The The SPEAKER pro tempore. Is there objection to the con- expositions are mainly educational, and the goods and ma sideration of this bill? · chinery that are brought in are set up-all different kinds of Mr. STAFFORD. .Mr. Speaker, I reserve a point of order things-but none of these things can be brought in unless we against the bill, and also reserve an objection to the considera- pass this act. They could not be brought in and pay duty. If tion of the bill. · duty had to be paid, they could not be brought here. They are 1\Ir. PARSONS. Does the gentleman wish any information going to be taken out again. in regard to the bill? Mr. BARTHOLDT. And is it not a fact that if they are sold Mr. STAFFORD. I would like to ascertain some reason for in tliis country the regular duty will have to be paid? making a special exception of this case. Mr. PARSONS. Certainly. Mr. PARSONS. Under the tariff act we can not import arti Mr. STAFFORD. No doubt about that. hlr. Speaker, from cles for expositions if the exposition companl.: is a company or the statement made by the gentleman from New York I believe ganized for profit. Now, the Merchants & Manfacturers' Ex it is a worthy purpose, and I withdraw both reseCTations. change of New York is an exposition company organized for Ur. l\!01'.TJ)ELL. Mr. Speaker, reserving the right to object, profit, and therefore it has to ha'e a special bill, or we would I want to ask the gentleman from New York a question. Is have to pass a general law amending the general act. not this in effect legislation under which goods could be brought Mr. STAFFORD. Can the gentleman inform the House what in in bond and plBced on exhibition and sold, and later the ·is tlle scope of thls proposoo exposition ns to exhibits? duty paid on them? And is not that giving special advantage to 1\Ir. PARSONS. I will say to the gentleman that this is an the people who bring the goods in over the merchants 1n the exposition company that has been in business in New York for city of New York, for instance, who, when they import goods, some time, holding expositions at the Grand Central Palace, must pay the duty on them at once? which is on Forty-third Street and Lexington Avenue. When Mr. PARSONS. Not at all. the New York Central built its new station it took that prop l'IIr. l\IONDELL. Why not? In what way? These importations erty, and it is erecting a great terminal station there, extending can be made without the payment of any duty. Goods can be as far as Forty-seventh Street and Lexington Avenue. It has sold, of course, at a profit, and goods that are not sold are leased to this company for a term of 50 years a considerablc returned to the countries from which they were imported, if part of its buildings, and in that part this company is going to they see fit to do so. In other words, it .seems to me it offers continue to hold expositions, but on a larger scale than here an opportunity for a very good trade speculation, an opportunity tofore. to import and sell the foreign goods on commission. I do not Mr. MANN. Will the gentleman yield for a question in this know that that is the object or purpose; I assume it is not, but connection? it seems to me it could be done. They can expose all sorts Mr. PARSONS. Certainly. of foreign goods for sale, €ll all that can be sold, and Mr. .i\IANN. What has the gentleman to say about the state return the balance to the countries from which they import . ment of the Secretary of the Treasury to this effect in refer them. ence to this bill : Jlrlr. PARSONS. I will say to the gentleman that is not at all It will grant to an institution established for commercial purposes the object. What is necessary in connection with the exposition the privilege of importing merchandise free of duty fol' an exposition conducted as a private enterprise and, in part, at lea.st, for profit. is-for instance, some of these things are work of the woman's Second. It will grant to an individual corporation a special privilege arts and crafts-sample work sent fTom country to country not granted to all other corporations organized for similar purposes? wherever· expositions are held. But they can not be brought in 1\fr. PARSONS. Those are facts. But the bill allows to this here for the purpose of exposition if duty has to be paid; the corporation for a maximum term of two years and a half ex duty would be too great. actJy the authority granted to the Jamestown Exposition Co. Now, the Secretary of the Treasury is, as in all of these cases when the Jamestown Exposition was held. That part of the of national expositions, gi\en authority to make rules and regula net is taken verbatim from that act. tions in regard to the matter, and he will guard against that; 1\fr. MANN. Theoretically, the Jamestown Exposition was and, moreo1er, this only runs for two years, 1911 and 1912, not for private gain. except that the Secretary of the Treasury can extend it six Mr. PARSONS. On the contrary, I understood there was al moaths. ways a hope in connection with exposition companies that Mr. MONDELL. Who constitutes the Merchants & .Manu there would be a gain. I understand that with those on the facturers' Exchange in New York? Pacific coast there has always been a gain. Mr. PARSONS. I do not know, except that it is a corpora Mr. MANN. They are not for gain. Theoretically, the tion. l\Ir. Spratt is one of the vice presidents and the gentleman Jamestown Exposition was not for that purpose. from Missouri another. Mr. PARSONS. I understood the people who put up the Mr. MOl\TDELL. Is the gentleman acquainted with the per money hoped they would get something out. sonnel of that organization? Mr. STAFFORD. Will the gentleman inform the House Mr. PARSONS. No; but I know the kind of work they have as to the special purpose of this association? Is· it a regular been doing. It is in my district, and I know the kind of work private corporation engaged in exposition business to make that they are going to do. money on the sale of foreign products that are imported here? 1\fr. MONDELL. Mr. Speaker, I am sure tha the gentleman Mr. PARSONS. Not on the sale of foreign products. They from New York believes the work proposed is helpful, useful, provide space where these expositions can be held. The exposi and beneficial, and I hope he has aEsurance in regard to the tions that it is contemplated to hold are the following: standing and motives of the parties who propose to make the A machinery and engineering exposition, an international exposition sufficient to warrant the legislation, and therefore I labor and allied ti·ades exposition, an exposition in connection shall not object, but it does occur to me that the procedure here .I ~ --~ . 1911.. CONGRESSIONAL RECORD-HOUSE. 2019 outlined might very eam1y be used for the purpose of importing Mr. MANN. I am compelled to object. on commission vast quantities of for-eign goods -and selling such The SPEAKER pro tempore. Pbjecti-o-n. is heard. of them as can be sold at a good profit and then returning the balance. It seems to me there miglit be a very good business PRINTING OF TREATIES, ETC., BETWEEN UNITED STATES AND OTHER €-Stablisbed in that way, detrimental to the business interests of POWERS. his eity, but with the assurance of the gentleman from New The next business was Senate joint resolution 101, providing kind York that nothing of th.at is contemplated, I will withdraw for the printiJig of 2,000 copies of Senate Doeument No. 357, my objection. for use of the Department of State. The SPEAKER pro tempore. Is there objection? [Aftet• a pause.] The Chair hears none. The Clerk read the joint reso1ution, as follows: .Mr. PARSONS. .Mr. Speaker, I offer the following amend- R es oh:ed, etc., That there be printed for use of the Department of State 2,000 copies of Senate Document No. 357, Sixty-fi.rst Congress, ment to correct a typographical error. second session, ., Treaties, -Conv~ntions, International Acts, Protocols, The Clerk read as follows: and .Agreements between the United States of .America and other powers." Page 2, line 13, correct the spelling 'Of the word " diminution.'' Tlae amendment was agreed t<>. The SPEAKER pro tempore. Is there objection to the con wa.s 'Sideration of the Senate joint resolution? [After a pause.] The bill as amended ordered to be engrossed and read The Chair hears none. The question is on the third reading of the third time, was read the third time, and passed. the Senate joint resolution. .A..N.NIVERSABY OF THE TREATY OF GHENT. The Senate joint resolution was ordered to be read a third The next business was House joint resolution 279, directing time, was read the third time, and passed. the Commission on Universal Peace to report on a plan for com LEVY OF TAXES IN ARIZONA. memorating the one hundredth anniversary of the signing of The next business was the bill (H. R. 28214) providing for the treaty -0f Ghent. the levy of taxes by the taxing officers of the Territory of The Clerk read the resolution, as 1'-0llows: Arizona. Rcsol.ved, etc., That the • _..j 2020 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6, " SEC. 10. Ev ry person who, in the Territory of .Arizona, shall bunt, pursue, take, shoot, kill, destroy, wound, or capture, .or have in bis The SPEAKER pro tempore. Is there objection. [After. a possession, any antelope at any time hereafter and prior to March 1, pause.] The Chair hears none. 1915 shall be guilty of a misdemeanor : Provided, That thi.s section The question was taken, and the resolution was agreed to. shall' not apply to antelope nqw in any public park." BRIDGE ACROSS THE MISSISSIPPI RIVER, ITA.SOA COUNTY, MINN. With the following committee amendments: The next business on the Calendar for Unanimous Consent On page 4, strike out section 4. . . was the bill (H. R. 31927) authorizing the town of Blackberry On page 4, lines .19, 20, and 21, strike out the proviso. On pages 4 and 5, strike out section 6. to construct a bridge across the Mississippi River in Itasca On page 5, line 17, strike out the word "fifteen" and insert the County, l\Iinn. WOl'd "thirteen." The Clerk read as follows : On page 5, in lines 17, 18, and 19, strike out the proYiso. Be it enacted etc., That the consent of Congress is hereby granted The SPEAKER pro tempore. Is there objectio'ri to the con to the town of Blackberry, a municipal corporation or!,?anized and exi~t ing under and pursuant to the laws of the State of Minnesota, to bmld sideration of this bill? a public highway bridge across the Mississippi River at a point suitable .Mr. STA1l'F0RD. Mr. Speaker, reserving the right to object, to the interests of navigation from a point on the nort.berly bank of I would like to inquire of the gentleman who introduced the bill said river in lot 6, section 8, township 54, range 24 west, fourth prin cipal meridian, ..to a point on the southerly bank of said river in lot whether there is any limitation upon the amount of money to 9 of said section. all in the county of Itasca, State of Minnesota, in be expended by the board of control during the fiscal year 1912 accordance with the provisions of the act entitled "An .act to regulate as provided in section 2. - the construction of bridges over navigable waters," approved March 23, 1906. Mr. CAMERON. Under this bill they can not expend any SEC. 2. That the right to alter, amend, or repeal this act is hereby more than the law allows. The Territorial law governs for the expressly reserved. preceding year. They can not bring in a greater expense upon the taxpayers than the law of 1910 up to June 30, 1911, will The SPEAKER pro tempore. Is there objection? [After a permit. pause.] The Chair hears none. Mr. STAFFORD. Under section 1 there is a limitation that The bill was ordered to be engrossed and read a third time, the taxes shall not exceed that which has been levied in the was read the third time, and passed. prior fiscal year, namely, the fiscal year 1911. MODIFYING AND AMENDING MINING LAWS, TERRITORY OF ALASKA. Mr. CAMERON. Yes. . ' Mr. STAFFORD. I wish to direct the gentleman's atten The next business on the Calendar for Unanimous Consent tion to the authority vested in the board of control as was the bill (H. R. 31068) to modify and amend the mining found in section 2. There is no limitation upon their pow laws in their application to the Territory of Alaska, and for ers in the disposition of the fund which they may wish to other purposes. expend. · The Clerk read ~s follows : Ur. CAMERON. The preceding Territorial law will govern Be it enacted, etc., That no association placer-mining claim shall here· after be located in Alaska in excess of 40 acres, and on every placer that. Our law, under the present law, expires June 30,.1911, mlning claim hereafter located in Alaska, and until a patent bas been and they can not exceed the law which governs the taxation of issued therefor, not less than $100 worth of labor sha~l be ferformed property in 1910 and 1911, consequently they can not exceed or improvements made during each year, including the year o location, fo1· each and every 20 acres or excess fraction thereof. that law. SEC. 2. 'r.hat no person shall hereafter Jocate any placer-mining claim Mr. STAFFORD. I think the bill is sufficiently safeguard~d, in Alaska as attorney for another unless be is duly authorized thereto and I withdraw the objection. by a power of attorney in writing, duly acknowledged and recorded in any recorder's office in the judicial division where the location is made. The SPEAKER pro tempore. Is there objection? [After a Any person so authorized may locate placer-mining claims for not more pause.] The Chair hears none. than two principals or .associations under such power of attorney, but Mr. ST.AFFORD. Mr. Speaker, I ask the attention of the no such agent or attorney shall be authorized or permitted to locate more than two placer-mining claims for any one principal or associa- gentleman to a typographical error in line 13, page 5, where it 1ion during any calendar month, and no placer-mining claim shap reads "section 10." Should not that be in the reenumeration hereafter be located in· .Alaska except under the provisions of this section 7? ac~EC. 3. That no person shall hereafter locate, cause or procure to be Mr. M..A.l\TN. That is simply amending a section of the Terri located for himself, more than two placer-mining claims in any calendar torial statute No. 10. month: Provided, That one or both of such locations may be included in Mr. BENNET of New York. If the gentleman will look at an association claim. the bill he will see that. . SEC. 4. That no placer-mining claim hereafter located In .Alaska shall be patented which shall contain a ~eater area than is fixed by law, l\fr. STAFFORD. I see that it is my error. nor which is longer than three times its width. Mr. STEPHENS of Te..~as. Mr~ Speaker, I . think the title S&c. 5. That any placer-mining claim attempted to be located in viola tion of this act shall be null and void, and the whole area thereof may should be amended and that it should read: "Providing for the be located by any qualified locator as if no such prior attempt had levying of taxes by the taxing officers of the Territory of been made. Arizona, and for other purposes." I see that the bill refers to the ki1ling of antelope, and so forth. I think that amendment The committee amendment was read, as follows: ought to be adopted. Page 2, line 19, after the word "its," insert "greatest." Mr. CAMERON. Mr. Speaker, I would like to ask unanimous The SPElAKER pro tempore. Is there objection to the con consent to do that. sideration of this bill? There was no objection. Mr. MONDELL. Reserving the right to object, I simp1y wish The amendments were agreed to. · to make a very few oBservations in regard to the bill. The bill as amended was ordered to be engrossed and read a I think the bill should have been reported by the Public third time, was read the third time, and passed. Lands Committee, if reported at all, rather than by the Com The title was amended so as to read: "A bill providing for the mittee on Territori~s. I think there are some objectionable levying of taxes by the taxing officers of the Territory of Ari ·provisions in the bill, but if it is entirely satisfactory to the zona, and for other purposes." people of Alaska I do not know that I should be dispo.sed to On motion of Mr. BENNET of New York, a motion to recon interpose an objection. I can not understand .how the bill can sider the vote by which the bill was passed was laid on the be made workable, however, in view of the fact that placer table. mining claims are only recorded locally in the office of the REQUEST FOB ENGROSSED COPY OF S. 7971. secretary of the local mining district. It seems to me that it would be exceedingly difficult, in case a controversy arose as Mr. PRINCE. Mr. Speaker-- . to whether an individual has exceeded his rights in a given The SPElAKER pro tempore. For what purpose does the gen month, to determine that fact with accuracy. It strikes me tleman from Illinois rise? it would be practically impossible to do so without making Mr. PRINCE. I ask, 1n order to expedite some of the busi some further provision for the recording of claims in some gov ness before the· Committee on Claims, unanimous consent for the· consideration of the order which I send to the Clerk's ernmental office. There are a number of things in the bill that I certainly should not want to have applied to the territory desk. which I have the honor to represent, and which I do not beliern The SPEAKER pro tempore. The Clerk will report the order (No. 23). will be satisfactory in Alaska. But there are others who baye The Clerk read as follows : greater responsibility perhaps in regard to Alaska than I, and for that reason I am not disposed to interpose an objection, Ordered That the Clerk'. of the House be directed to request !he Sen but to say that I hope in the future the Committee on Terri ate to send tothe House a duplicate engrossed copy of Senate b.ill 7971, for the allowance of certain claims reported by the Court of Claims, and tories will allow the Committee on Public Lands to retain its for other purposes, the original having been lost. jurisdiction in these matters. I think it is better qualified to 191L CONGRESSIONAL RECORD-·iiousE. pass upon them than the Committee on Territories, having to do, tion to many details and finally perfected the bill to the satis as it has, with land matters, and I express the hope that the faction of the general committee. The gentleman from Iowa act may operate better than I think it will. spent much time in the study of the law relating to -placer Mr. MANN. Will the gentleman yield for a question? mining in Alaska and in hearing and considering the evidence. Mr. MO:NDELL. I will be glad to do so. • . It was he who rewrote the bil1, a.s it now stands, and to him Mr. M ANN. There seems to be some controversy between the miners of Alaska will be indebted for most of the good in the Committee on Public Lands and the Committee on Territo its phraseology. ries as to j urisdiction. Mr. Speaker, there are more than 20,000 .A.m:erican miners l\Ir. MONDELL. There is not any. I made the observation engaged in placer mining in Alaska. These men have recov that 'it seemed to me that this belonged clearly to the Committee ered from the gravels in that Territory more than $150,000,000 on Public Lands. of placer gold, under every disadvantage which the rigors of l\Ir. MANN. It seemed to me there was some controversy, if the climate and defective legislation have placed upon the gentleman will pardon me, between the Committee on the them. Public Lands and the Committee on the Territories in reference The first section of the bill ·reduces the area of association to.the jurisdiction of th'is bill. Now, we have a bill in my com placer claims in Alaska from 160 acres to 40 acr es. This clause mittee in reference t o building a bridge in Alaska, and using did not meet my approval, for I desired to have the association l:iome Government domain, and so forth, which I would like to placer mining claim abolished. In this, however, I was met with get rid of, and I have not been able to persuade the Committee an objection from the Department of the Interior, which has to on the Territories to take it. Perhaps I could get the Com do with the .control of the mineral lands of the United States. mittee on the Public Lands to take it, if the gentleman wants In a Jetter from the Secretary of the Interior, dated Dec€mber jurisdiction o>er Alaskan matters. 23, 1910, directed to the chairman of the Committee on the l\Ir. MO:t\TDELL. The Committee on the Public Lands has never Territories, upon this particular point the Secretary recom- invaded the jurisdiction <>f the committee so ably presided over mended; · by the gentleman from Illinois [Mr. MANN], but the gentleman The department would strongly :and especially favor a Ilro"Vision for from Illinois, and I think every other Member of the House, a material reduction of the present maximum area of 160 acres availa will agree with me that the committee which, under the. rule, ble in the e&se The fifth section of the bill was put in to prevent the viola of the association placer claim. It will require $100 worth.of tion of the law and to annul claims located by persons in ex assessment work on every 20 acres of ground, whether it is cess of the amount allowed by the statute. owned by an individual or by an association. It creates equality, Mr. Speaker, I have here an abstract of title taken from the prevents speculation, and gives the resident Alaska miner more records in the Fairbanks precinct, where I reside, showing the nearly a square deal than he now has, and I earnestly urge the location of more than 20,000 acres of placer ground by the aid pa'!:>sage of the bill. of what is known as" dummy" locators. This form of fraudu The SPEAKER pro tempore. Is there objection? lent entry is common in Alaska and is the great evil which it is There was no objection. desired to overcome by this bill. I know of one group of claims The amendments were agreed to. containing about .70,000 acres, located by one individual through The bill as amended was ordered to be engrossed and read a the association plan, by the use of "dummy" locators. Under third time, was read the third time, and passed. the United States statutes as they now exist in Alaska, an individual, by the use of "dummy" locators, can locate a QUADRENNIAL ELECTION OF MEMBERS OF PHILIPPINE ASSEMBLY. 160-acre assocfation claim, and· immediately another, and an The next business on the Calendar for Unanimous Consent other, and so on, without limit. All he needs to do in each case was the bill H. R. 32004, a bill providing for the quadrennial is to set four stakes at the corners of his 160 acres, post a election of members of the Philippine Assembly and Resident notice of location on each corner, and then locate another one, Commission€rs to the United States and for other pur and so on, until he secures all he wants. Within 90 days he is poses. required to file a notice of location of each claim in the office The Clerk read as follows : of the recorder. He may, as in the instances mentioned, locate Be it enacted etc., That the present members of the Philippine As 20,000 or 75,000 acres and exclude the working miner from the sembly shall ho1d1 office until the 16th day of October, A. D. 1912, and. public domain. If he finds a color or two of gold, he can testify their successors shall be chosen by the people in the year 1912, and in every fourth year thereafter, and shall hold office for four years begin to a discovery, and the ~laim is valid. Even if he makes no ning on the 16th day of October next following their election. At discov-ery, the working miner does not want to have the name its next regular session after the passage of this act the Philippine of "jumper,'' nor go into a long litigation in court for an oppor Legislature shall fix the date for the commencement of its annual ses sions. tunity to work. Immense .tracts of the public domain are thris SMC. 2. That the present Resident Commissioners shall hold office un fraudulently taken out of the lands which the working miner til the 4th day of March, 1913_ Their successors will be elected by the may prospect and reserved by speculators. Phillippine Legislature at the regular session beginning in 1912, and shall hold office for four years from March 4, 1913, and thereafter such In the report of the governor of Alaska for 1910 these evils elections shall be held quadrennially. Each of said Resident Commis are also strongly denounced, as follows : sioners shall, in addition to the salary and expenses now allowed by law, be allowed the same sum for stationery and for the pay of neces In tbe Territories, other than Alaska, and in the several States the sary clerk hire as is now allowed to the Members of the House of existence of local legislative bodies has made it possible to enact min Representatives of the United States, and the franking privilege now ing laws supplementary to the general laws of the United States and enjoyed by Members of the House of Representatives. suited to local conditions and needs- It is not surprising that in a SEC. 3. That all acts or parts of acts inconsistent herewith are hereby Territory as remote as Alaska conditions and needs are found which repealed so far, and so far only, as they conflict with the provisions of render the · general Federal mining laws, admirable as they are, inap plicable or inadequate .in several particulars. The power of attorney, this act. for instance, is almost generally regarded as indispensable, but it is Also the following committee amendments: certain . that its unrestricted use in Alaska under the general mining Jaws results in grave evils. In section 2, line 14, page 1, strike out the words "the 4th day of According to the present practice, the exercise of powers of attorney March, Hll3,'' and insert in place thereof the words " their successors frequently retards mineral development. This is especially true when shall have been duly elected and qualified." claims are staked in association tracts, it frequently being the case that In line 1, page 2, strike out the word "will " and insert In place a single individual holding seven powers of attorney reserves 160 acres thereof the word "may." of placer ground and holds it from year to year merely by performing In the same line, before the word " Philippine," insert the word $100 worth of assessment work_ The ground is often held for specu "present." lative purposes only, and in case the persons who gave the powers of Beginning in line 2 page 2, strike out the words "at the regular ses attorney are nonre idents, who have never even visited Alaska, specula sion beginning in 1912 and " and insert in place thereof the words tion is almost certain to be the motive for holding the claims. · These " and if so elected." abs~ntee s would soon lose their desire to speculate it a law were enacted In line 3, page 2, strike out the words " for four years from " and requiring that assessment work on an association claim be performed to insert in place thereof the word "until." the amount of $100 for each individual claim of 20 acres. 'l'hat there Beginning in line 4, page 2, strike out the words " and thereafter is no such law at present is a crying evil, and the interest of every such elections shall be held quadrennially " and insert in place thereof genuine prospector and bona fide resident in A1aska demands that the the words " at the regular session beginning in 1912, and quadrennially evil be mitigated. thereafter, the Philippine Legislature shall, in the manner now pro Also, for the purpose of reducing the bad effects of absenteeism and vided by law, elect two Resident Commissioners to the United States, speculation, the time in which assessment work must be done should be each of whom shall hold office for the term of four years, beginning shortened. At present it is possible for the owner of a location made upon the 4th day of March next ensuing his election." in J anuary in any year-and the owner may be a nonresident who has merely given a power of attorney for· speculative purposes-to hold a The SPEAKER pro tempore (l\Ir. MANN). Is there objection r · placer claim almost two years without performing or paying for any Mr. MARTIN of Colorado. Mr. Speaker, reserving the right assessment work whatever. to object, I would like to ask the chairman of the committee The evils suggested by the governor have long afflicted the a few questions about the pending bill. miners in Alaska. Dr. Alfred H. Brooks, the Chief of the On June 14 last Congl,'ess passed an act extending the term Alaska Division of the Geological Survey, in the report on the of office of the then members of the Philippine Assembly until Mineral Resources of Alaska, 1908, devotes considerable space the 4th day of March, 1912. Now, the gentleman in explaining to denouncing the defects mentioned and sought to be cured by the condition which was then sought to be remedied by the bill this bill. stated that under the then law every other session of the legisla The Pioneer Miners' Association, at Nome, adopted a resolu ture expired in the middle of an important session, and that it tion in the following language : was desired to extend the term from January 1 to l\farch 4. Resolved, 'l'hat inasmuch as the mining laws permitting the location The first question I wish to ask is, From January 1 of what of association placer claims and location by agents and attorneys are, year was that extension to be made! Was that to be an exten in the judgment of this meeting, a detriment to the bona fide develop sion from January 1, 1911, until March 4, 1912, or was it an ment of the District and opposed to the best interests of the residents thereof and as these laws can not be abridged or modified by local extension from January 1, 1912 to l\Iarch 4, 1912? regulations, we request our Delegate in Congress to use his best efforts Mr. OLMSTED. That was an extension from January 1, to secure the repeal of the laws permitting the location of association 1912, to March 4, 1912. placer-mining claims and the location of any placer-mining claim by agent or attorney. l\Ir. l\L<\.RTIN of Colorado. Just an extension of two months? Mr. OLMSTED. That is all Similar resolutions from miners' associations throughout the .Mr. MARTIN of Colorado. And the present bill extends it placer-mining districts of Alaska have been passed and sent. to from March 4, 1912, to October 16, 1912? - me urging the repeal of those provisions. Mr. OLMSTED. Yes. The reason. for that is the desire to Even the political parties in Alaska have denounced the change the time of holding their session over there until abuses of the association and power-of-attorney laws and de October 16. manded a repeal of both. There is a general demand in the Mr. MARTIN of Colorado. Now, Mr. Speaker, I just want to Territory . for substantially the passage of the bill before the make an observation, rather for the purpose of preserving the House. While I do not approve some features of it, I do urge suggestion, with reference to the Philippine Commissioners in its passage, because it contains the best legislation which it Congress. The pending bill provides that the successors of the seems possible to secure upon the matters covered therein. Its present Commissioners may be elected by the present Philippine passage will prevent speculators from locating great areas of Assembly. the public land nnd excluding working miners therefrom. It I want to ask first how does the session of the Philippine will give the individual miner an even chance with the owners Assembly terminate? I gained the impression from the gentle.. 1911. CONGRESSIONAL RECORD-HOUSE. 2023 man's remarks in the RECORD that the assembly might stay in ple, as expressed by their assembly by the unanimous resolu se sion until March 4, but I am advised now they adjourned on tion very recently passed .and sent to the Speaker of this the 4th day of this month. House. ·l\Ir. OLl\ISTED. I believe that is true. Mr. LARRINAG.A. Will the gentleman yield? l\Ir. l\IARTIN of Colorado. Was that adjournment 30 days l\lr. MARTIN of Colorado. I yield to the gentleman. ahead of the time fixed by law for the expiration of the ses l\1r. LARRINAGA. Mr. Speaker, I have nothing to say about sion? the gentleman's remarks in connection with these offices, but, as Mr. OLMSTED. I am unable to state that. I do not think the gentleman very properly said, this bill is mainly intend~ the law requires them to remain in session, but their term would to bridge over a difficulty. Does not the gentleman know the have expired on the 4th of March. attitude of both parties on this particular point at the present l\Ir. MARTIN of Colorado. March 4, 1912. time-their sentiment at his particular moment? Thisbillisnot l\Ir. OLMSTED. That is true. They could not remain in going to impose anything on either of the two contending session beyond the 4th of March. They might adjourn earlier, ·parties. I ask that of the gentleman because my impression is and it seems that they have done SQ. that they have agreed. Mr. MARTIN of Colorado. The situation is that the Philip Mr. :MARTIN of Colorado. What two parties does the gen pine Legislature has already adjourned, and it has adjourned -tleman refer to-the two parties here in Congress? without electing Commissioners for the term beginning March Mr. LARRINAGA. I mean the two parties in the Philip 4, 1911. Now, my objection to this legislation-and I do not pines; the Philippine Commission on the one side and the as propose to press it-is this: There are two Commissioners from sembly on the other; the one party having elected one the Philippine Islands. When the Philippine- Legislature assem unanimously, and the other not having been elected in that bled last October I am advised that it proceeded promptly and way. unanimously to reelect one of these Commissioners and that it Mr. 1\1ARTIN of Colorado. You mean that they both agree also unanimously rejected the other. to this amendment? I understand that a cablegram signed by l'\ow, the action of the assembly must be confirmed by the the governor general of the Philippine Islands and the speaker rhilippine Commission, which is the upper house of the Philip of the assembly states that they both agree to these extensions, p!n Legislature and is appointed by the President of the United but that does not necessarily mean that these extensions are dn.tes. I understand that this action of the assembly was proper. brought about by vital differences over questions of policy; l\fr. COOPER of Wisconsin. I would like to ask the chair that the policy of one Commissioner in Congress, including his man a question. In ~nr. 6 of page 2, why were the words attitude on the subject matter of a certain investigation now "4th day of l\Iarch, 191y: stricken out and the words inserted, pending before the Committee on. Insular Affairs, was approved "when their successors shall have been duly elected and quali by the assembly, and the attitude of the other was disapproved, fied? " That is a \ery important amendment. and they voiced their feelings in this way, that one was unani It strikes me as very unusual to provide that the time of a mously elected by all parties and the other was unanimously lawmaker shall be extended so indefinitely; no, not lawmaker; rejected by ·an parties. they do not vote, but they do what these people want in the mak The commission, however, has refused up to this time, or ing of laws. They have elected Mr. QUEZON, and the upper failed, to approve of the act of the assembly with reference to house has elected l\fr. LEGARDA. Both houses agreed to both one Commissioner, so that the statement which has appeared men originally. The last time the lower house reelected l\Ir. in the cablegrams to the effect that the Philippine Assembly QUEZON by a unanimous vote, all factions of the Filipinos uniting adjourned without electing Commissioners is not wholly true. on him, but the upper house refused to accept QUEZON, and they They did elect one Commissioner, and elected him unanimously, refused also, as I am told, although I do not know, simply be and the burden of the failure to complete his election rests on cause the lower house would not have LEGARDA again. Is that the Philippine Commission and not on the assembly. true? ·Now, it is sought to cure that situation by this act, tiding Mr. OLMSTED. I so understood it. That may not be en things over for a considerable period of time, by providing that tirely accurate, but I think that is substantially so. both of these present Commissioners shall hold office until their l\1r~ MARTIN of Colorado. If the gentleman will permit, that successors are elected and qualified. It seems to me that Con is not the worst of it, l\Ir. Chairman. These Commi sioners gress might go on indefinitely in that way. This is the second come here from the Philippine Islands, afraid to represent their extension that we have given the Philippine Assembly by acts people and the views and sentiments of their people. They of the House. I do not suppose they have any objection to that come- here with a sword held over their heads, a threat that they sort of a thing, and would be satisfied if that situation con will be decapitated if they run counter to the wishes and the tinued indefinitely. desires of the administration. And that is the situation right l\fr. STAFFORD. The gentleman does not mean that this is now with respect to the Philippine Commissioners in Washing a second extension for the Philippine Assembly, but the term ton. It is natural that they should want to be reelected, but of the Resident Commissioners? their election is wholly dependent on the good wishes, or good l\Ir. MARTIN of Colorado. No, sir; we are giving the pres graces, I might say, of the Philippine Commission. ent members of the Philipine Assembly a second extension of Mr. KEIFER. On what authority does the gentleman make their terms of office. We are giving the Commissioners their this statement that a sword is held over these people? They are first extension. But the objectionable feature-the only one I elected by their own people, are they not? care to press-is that this condition which results in the fail l\Ir. MARTIN Qf Colorado. Yes; with the concurrence of the ure to elect Commissioners and which we are seeking to bridge Philippine Commission, which is appointed by the President. over in this way arises out of vital differences between the .And I repeat to the gentleman that the Resident Commissioners Representatives of the Filipino people and this Government and now in Washington are afraid to voice and represent the wishes its policy in the islands. of_ the Philippine people. I know that to be a fact, to my Mr. STAFFORD. That objection does not apply to the ex cost, sir. tension of the term of the Filipino Assembly. There was an l\Ir. KEIFER. I did not know the authority of the gentle other purpose, as I understand it, and that is applicable there man, and I do not want to dispute his word, but it is a -very so as to provide for quadrennial elections. serious statement to make. Mr. M.ARTIN of Colorado. I think that is all right, to har :Mr. MARTIN of Colorado. If the gentleman were up against monize the elections and have the terms begin at the same the proposition that I am up against; he would know a good time and end at the same time. I do not say that it has not many things about this situation. been necessary to make changes in order to bring that about. Mr. COOPER of Wisconsin. Now, then, if that feeling should But it strikes me that the real purpose of this bill, and continue, the lower house being unanimous for the election ot what is desired to be accomplished by the reelection pf these QUEZON, as they have been twice, refusing to accept the upper Resident Commissioners, is to bridge over a condition, which is house's choice, Mr. LEGARDA, and this is to be enacted into a presented in the Philippine Islands, growing out of very vital law that they should continue to hold office until their suc differences between the people of the islands and our adminis cessors are chosen, they will hold office until the two irrecon tration of them. cilable factions agree, and they will not agree, and so they will Mr. HINSHAW. These conditions are in reference to the hold office and there will be no end to it.- That is the way it independence of the islands? looks to me at the present time. For instance, our Constitu Mr. MARTIN of Colorado. Not necessarily in reference to tion of the United States provides that a Senator shall bold their independence, but in reference to the new land policy office for six years, but it does not provide that he shall hold that has been adopted in the islands by the administration, and office until his successor is qualified and elected. There is a which is naturally very obnoxious to the whole Filipino peo- vacancy in the State representation if the State legislature 2024 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6, doel" not elect. Now, it seems to me that it would compel the I have to-day received this reply: "Plan of changing date of next general election to 1912 and four getting together of these people, the commission and the lower years thereafter, sufficiently early in the year to give time for settlement house, if you provide for a vacancy there, and make them go of election contests before meeting of the legislature October 16, say, without representation unless they get together in some early in .Tune, and the term all deputies to the assembly to be~n Octo ber 16, and further change of term in regard to Resident ComIIllssioners, way. meets unanimous approval of commission. Mr. OLMSTED. Ur. Speaker, the observation of the gentle "FORBES." man from Wisconsin [1\fr. CooPER] is a very proper one. The bill as originally drawn provided that the term of the present Resi "Plan* of having* first four* years *term Resident* Commissioners• *begin dent Com.missioners shall expire on the 4th of March, 1913, March 4, 1913, seems to us admirable. Each legislature on convening for the first time will then elect representatives for the ensuing term. but it occurred to the Committee on Insular Affairs that that We believe present legislature should not be deprived the opportunity to would deprive the present legislature of the power of electing elect representatives. How would it do to fix term Resident Commis their successors if they so desired, because they will meet again sioners elected by the present legislature two years, after which term O~tober, to be four years? in and the object of making the amendment is simply "FORBES, to give this legislature the opportunity to elect, in the hope' that "0SMEN.A.." it may do so. It is provided that at the regular session in 1912 In view of these replies I hope that you will be able to have the they shall elect, and so forth. The object of the amendment is necessary legislation enacted at this session of Congress, and I in-· this: We did not think it wise for Congress to legislate the close a draft of a bill which I think would accomplish the desired purposes. present Resident Commissioners into office for so long a period Very sincerely, · J. M. DICKINSON, Secretat·y of War. beyond their present term. This bill as amended will give the Hon. M. El. OLMSTED! present legislature an opportunity to elect when they meet Chai rman Committee on Insula1· Affairs, again in October. As to the extension of the terms of the Home of Representatives. present members of the Phillippine Assembly, that is purely As originally drawn, the bill continued the present Resident nominal and purely for purposes of convenience. They draw no Commissioners in office until March 4, 1913. The amendment salary whatever during the period of extension. Their terms to which the gentleman from Wisconsin [Mr. CooPER] hns very would expire under existing law on the 4th of March. This properly called attention was made, in compliance with the ~xt ends them until the 16th of October; but as they will be request contained in the cablegram signed by Gov. Forbes and Ill recess they will draw no salary. Mr. Osmena, the speaker of the lower house of the Philippine The terms of the present Resident Commissioners expire on Legislature, in which they say : the 4th of l\farch this year unless we pass this bill. This will Plan of having first four years· term Resident Commissioners beJrtn simply extend their terms so as not to leave the office vacant and March 4, 1913, seems to us admirable. Each legislature on convenfng give the present legislature the opportunity, if it so desires to for the first time will then elect representatives for the ensuing term. We believe present legislature should not be deprived the opportunity elect their successors, who will then hold as provided in the bill to elect representatives. How would it do to fix term Resident Com until March 4, 1913. In the meantime the legislature which wui missioners elected by the present legislature two years, after which term be elected in 1912 is directed by this act to elect their succes to be four years? sors for four years, their terms beginning on the 4th of March, The members of the Committee on Insular Affairs agreed 1913. - that it was not desirable to deprive the present legislature of The reasons for this legislation are pretty well set forth in the opportunity of electing the successors to the present Resi the following letter from the Secretary of War: dent Commissioners. The bill as amended does not, therefore, WAR DEPARTMENT, continue them in office arbitrarily until March 4, 1913, but Washington, January 11, 1911. provides that their successors may be elected by the present MY DEAR MR. OLMSTED: On January 11, 1911, I received this cable Philippine Legislature, and that if so elected they shall hold gram from Manila : " Under the provisions of the act of Congress approved June 14, 1910, office until March 4, 1913. term delegates is fixed from March 4 for four years, and the election In the present legislature there is a deadlock between the must be held in the course of the present year. This would necessitate two houses. There are some deadlocks on this side of the water changing date of next session of the Philippine Legislature to beginning fjome time in June to enable delegates to get through and get back to at this time. The Philippine Legislature will meet again in their provinces in time for the ensuing electoral campaign. This would October of this year, and it is to be hoped that the deadlock make two sessions almost in succession and then none for more than will then be broken and two Resident Commissioners elected. one year. Appropriations passed at this session will be for the ensuing fiscal year, beginning nearly a year later. This arrangement seems most Unless we pass this bill the islands will be without representa unfortunate. Commission and assembly have fixed the date of October tion here after the 4th of March, as the terms of the present 16 for the annual sessions of the Philippine Legislature. This is the Resident Commissioners expire upon that date. This bill, if beginning of the cool season, and it is also the season which is particu larly advantageous to delegates on account of their business interests passed, will continue them in office until their successors are and other matters. It is proposed to make terms of all important elec duly elected and qualified. They are both very capable men, tive officers for four years, and it is wanted to have uniform date, and the islands need i·epresentation ·here during the recess namely, October 16, for the beginning of the terms of all officers. We want to have elections behl not later than July 1, and preferably June 1. as well as during the sessions of Congress. The passage of this This would bring the next general election, say, June l, 1912. . This bill is urged by the Secretary of War, . by Governor General brings time for campaigning during the dry month of May, when travel Forbes, by Speaker Osmena, of the Philippine Assembly, and is easiest. We strongly urge the law be amended this session of c~m gress changing the terms for deputies to begin October 16, and en!lbling by the present Resident Commissioners. It is satisfactory to holding elections in June. Believe QUEZON will see the _necessity of everybody who has carefully considered it. A single objection this. will prevent its passage at this session of Congress. I hope "FORBES. ·~osMEN.A.." that no such objection will be made. The SPEAKER pro tempore. Is there objection? [After a This cablegram was signed by the Governor General and the speaker of the assembly. · pause.] The Chair hears none. The question is on agreeing to After going over this carefully and the act of Congress approved the amendment. June 14 1910 which it was proposed to amend, it was believed that a The amendment was agreed to, and the bill as amended was compliance with the suggestion in the cablegram would bring about this difficulty in the matter of .the election of ~esident. <;ommi.ssioners: ~he ordered to be engrossed and read the third time, was read· the assembly which is elected rn June, 1912, will participate rn the elec.tion third time, and passed. of Resident Commissioners at the 1915, or last, session of that legisla ture· that is instead of an assembly participating in the election of FORT BRIDGER ABANDONED MILITARY RESERVATION. Resident Commissioners immediately after its election, it will do so just before its retirement. This is believed to be an undesirable condition, The next business on the Calendar for Unanimous Consent and it was thought that if the next date of election of members of the was the bill ( H. R. 23827) extending the provisions of section assembly were to be changed to 1912 we should exteD;d the term of the present Resident Commissioners. to March 4, 191?, m order .that the 4 of the act of August 18, 1894, and acts amendatory thereto, to assembly which is to be elected m 1912 would, at its first sess10n, have the Fort Bridger abandoned military reservation in Wyoming. the choice of Resident Commissioners to represent it in the United States during its existence. This same condition would apply to The Clerk read as follows : future assemblies. Before, however, recommending such an amendment Be it enacted, eto., That the provisions of section 4 of the act of of the existing law, I directed the following cablegram to be sent to August 18, 1894, and acts amendatory thereto, be, and the same are the Governor General : hereby, made applicable to the lands in the former Fort Bridger Military "Referring to telegram from your office of 11th instant, the Secre Reservation, in Uinta County, Wyo. tary of War approves asking for amendment act June 14, 1910, to carzy into effect your recommendation, but we believe here that this should The SPEAKER pro tempore. Is there objection? require extension of terms of present Resident Commissioners to March Mr. STAFFORD. Mr. Speaker, I reserve the right to object. 4 1913 in order that each assembly should at its first regular session participate in the election of Resident Commissioners. Otherwise Resi I would like to ask the chairman of the committee the reason dent Commissioners will not represent legislature as it exists during for the committee not following the recommendation of the their term of office. Hope can get this through this session, but would Secretary of the Interior to amend the bill so as to exclude like to have your views and those of Osmena with reference to change of terms of the Residen~ Commissioners. Rush answer by cable." from its operations land within the reduced reservation. • 1911. CONGRESSIONAL RECORD-HOUSE. 2025 Mr. MONDELii. Well, our reason for not following the The SPEAKER pro tempore (Mr. OLMSTED). Is there objec- recommendation is this, that these lands, some 2,000 acres or tion? · more, have been subject to homestead settlement now for many Mr. MANN. Mr. Speaker, I reserve the right to object. years and they are in the midst of a country with considerable M~·· BARTHOLDT. Mr. Speaker, this bill is intended merely population, and if the lands had any real value they would have to give force and effect to existing law. In the Army appro been settled under the homestead law long ago. The only priation bill for the fiscal year ending June 30, 1909, the follow reason why the Secretary made the suggestion he did was that ing provision was carried : these lands had been opened to homestead entry at $2.50 an acre and therefore it occurred to him that perhaps the Govern Provided, That Army bands or members thereof shall not receive re muneration for furnishing music· outside the limits of military posts ment ought not to allow them to go free under the Carey Act. when the furnishing of such music places them in competition with As I said these lands have been subject to· homestead entry local civilian musicians. for many years and nobody has seen fit to take them and they are in a locality, I want to say to the gentleman from Wis The same provision was carried, I believe, in the same year consin, of considerable settlements, and if they had been of in the naval appropriation bill. This, as everyone on the floor any value for homesteading, if they were worth anything like of this House believed, would do away with an evil of which $2.50 an acr~, they would have been entered upon long ago, the musicians of the country and fair-minded citizens generally but the fact is that they are lands which are valueless unless had been complaining. But after the enactment of this provi irrigated, absolutely valueless, because they do not even grow a sion, it seems, an opinion was se.cured from the Attorney General fair growth of native grasses, they can only be made available of the United States which makes this legislation practically by being irrigated with a large project, and it is proposed to ~u¥atory, and for that re.!son the musicians of the country, and make it possible to irrigate them by putting them under the it is to them alone that it applies, are demanding of Congress Carey Act. that more definite legislation should be enacted for their pro Mr. STAFFORD. Where does the gentleman acquire his in tection. formation that they have not been entered as homesteads under I suppose it is unnecessary for me to point out the evil of the act of August 23, 1894? which they complain. When music is to be furnished, these .Mr. MO~TDELL. There were retained in the reduced reserva military bands are usually competing for it, and citizens as a . tion about 10,000 acres. There still remains of the 10,000 acres rule do prefer men in uniform to make music for them and for of the original reservation about 2,000 acres. If the gentleman that reason the military band or a naval band is f~equently will look at the letter of the Secretary of the Interior on page given. the preference. · 2, at the bottom of the page, the second line and last para Mr. MANN. Will the gentleman permit? The gentleman's graph, he says: bill is not confined to musicians. Mr. BARTHOLDT. No; it is general in character; but as it There are about 217,390.85 acres still vacant within the boundaries of the original reserve, about 2,800 acres of which lie within the limits has nev:er been attempted on the part of anybody to detail of the reduced reserve and are subject to homestead at the appraised enlisted men to do the work of carpenters, bakers, teachers price of $2.50 per acre. or anything else, it would not apply to them, but only t~ musicians. Mr. STAFFORD. I was perfectly aware of the number of Mr. MANN. This is not a question of detail. It is· a ques acres, having read the letters of the Secretary. tion of permitting a man who may become an expert in horse Mr. MONDELL. I thought the gentleman asked me where I back riding to temporarily find employment with wild west got my figures. shows, say, or perhaps sending the cavalry to expositions Mr. STAFFORD. 'i asked him where he got the information such as at Chicago or elsewhere. They did it at Chicago as to the 2,000 acres not having been entered upon for home last year, and under the terms of this act they could not stead purposes. There is nothing in the letters here to show do it. that. Mr. BARTHOLDT. That would not be prohibited by this Mr. MONDELL. It is 2,800 acres instead of 2,000. I did not remember the exact figures. act. Mr. STAFFORD. I am not taking exception to the answer Mr. MANN. That depends on construction. but I am trying to ascertain where the gentleman gets his au~ Mr. BARTHOLDT. I suggest this, that if military authori thority for the statement that none of these 2,800 have been ties would detail cavalrymen to _give an exhibition, that would taken under the homestead act. be under the authority of the Government of the United States Mr. MONDELL. This entire reduced reservation, amounting the same as if the President would direct the Marine Band here to over 10,000 acres, were open to homestead entry. Of this to play for official functions. Enlisted men, to whom the bill amount all but 2,800 acres have been entered, and the 2 800 applies, will be obliged to execute any orders given -them by acres are still subject under the homestead law. ' their superior officers even under this bill. Mr. STAFFORD. Is it not possible there may be some home Mr. MANN. But you prohibit the detail for that purpose steaders who have made entry on these lands recently, which in this bill. entries are in course of proof? · Mr. BARTHOLDT. No; I do not. Mr. MO:r-.TDELL. If there are such entries, they will not be Mr. MANN. That is what the bill does. Of course you do affected by or come within the provision of this act, because a not do it. It prohibits the detail for that purpose if s~mebody homestead entry takes the land out of the market and the home should think it would interfere with the customary employment steader having made an entry no legislation we pass affects that . of local civilians, which it always must do. entry in any way. Mr. HINSRA.. W. May I ask the gentleman a question 1 .Mr. STAFFORD. Then, under the Carey Act, the lands that Mr. BARTHOLDT. Certainly. have been entered under the homestead act would not be Mr. HINSHAW. Would this bill prohibit the Marine Band affected by the passage of this bill, which covers these 200 000 of the city playing at a private entertainment or receiving acres under the provisions of the Carey Act? .' money for it? 1\Ir. BARTHOLDT. Yes, sir. l\Ir. :MO~TDELL . No. We felt, -in view of the fact that after all these years no one had seen fit to take the lands llnd home Mr. 1\1ANN. Certainly. stead them, and pay $2.50 an acre for them, those lands might ~r. 1:lARTHOLDT. I want to say, 1\Ir. Speaker, when this very properly be- brought under the provisions of the act. leJp.slation was enacted to prohibit this unfair competition of Mr. STAFFORD. I withdraw the reservation. m1htary. ~d n::val bands with civilian musicians, in the same The bill was ordered to be engrossed and read a third time a~p.ropriat10n bill . the pay ~or the Marine Band and pay for all was read a third time, and passed. ' mI11tary and naval bands m the country, both for the leaders and the men, was increased so as .to make this kind or COMPETITION OF ENLISTED MEN WITH LOCAL CIVILIANS. competition unnecessary. But, as I say, under the ruling The next business on the Calendar for Unanimous Consent of the Attorney General the legislation already enacted was the House joint resolution 143, in reference to the em ~as rend~red nugatory) and it is now proposed to shape vioyment of enlisted men in competition with local civilians. it so that it can not be set aside by any decision on the part of The Clerk read as follows : anybody. O~C,OTT. ~esolved, etc., That hereafter no enlisted man in the service of the Mr. Would not this bill, if it is passed, pre\ent Umt~d States, the Ar.m.y and Navy, respectively, whether a noncom· the detail m the navy yard of a man to clean a ship or clean missioned officer, musician, or private, shall be detailed ordered or the streets of the yard? · permitted to leave his post to engage m any pursuit, business, or 'per formance in civil life for emolumeat, hire, or otherwise when the same Mr. BARTHOLDT. Not at all; a na\al ship is Government shall intei;f~r.e with the customary employment and regular engagement property. The enlisted man is doing the service for the Gov of local c1v1llans in their respective arts, tntdes, or professions. ernment he is hired for, but this is to prevent a man from f?026 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6, working for hire outside of a military reservation; for in The SPEAKER pro tempore. Is there objection? stance, if a house was to · be erected in this city by a private There was no objection. citizen he would call upon the commander of the barracks to The bill was ordered to be read ri third time, was read the send him so many carpenters and masons to do the work. third time, and passed. This bill would prohibit it. It is the same as it prohibits a military musician from going out and taking the bread away ENLISTED MUSICIANS IN THE UNITED STATES ARMY .AND NAVY. from civilian musicians. These Government musicians are fur Mr. BARTHOLDT. Mr. Speaker, I ask unanimous consent nished free music, they receive rations and regular pay, and it is to recur to the House joint resolution 143, to which objection unfair for them to take the bread from the mouths of citizens was made by the gentleman from Illinois. who are taxed for the purpose of maintaining these very mili The SPEAKER pro tempore. Is there objection? tary establishments. There was no objection. Mr. STEPHENS of Texas. What effect would it have on the Mr. BARTHOLDT. Now, Mr. Speaker, I offer the following employees at the navy yard who work under the eight-hour amendment. system and then go to a private shop in the city and spend The SPEAKER pi:o tempore~ The Clerk will report the four or five hours working on models? Men are doing that amendment. frequently,•and would not this prohibit that? The Clerk read as follows : Mr. BARTHOLDT. No; this bill applies only to enlisted Page 1, line 3, strike out the words " enlisted men in the service of men. the United States, the Army and Navy, respectively," and insert in lieu Mr. STEPHENS of Texas. Would it apply to the baseball thereof the words " member of military or naval band of the United team at the navy yard; would that prevent them from going States." out and playing games? The amendment was agreed to. Mr. BARTHOLDT. No; it would not. The joint resolution as amended was ordered to be engrossed The SPEAKER pro tempore. Is there objection? and read a third time, was read the third time, and passed. . Mr. MANN. I think, 1\Ir. Speaker, I 3r,m compelled to object. BRIDGE ACROSS MONONGAHELA RIVER, PA. PURCHASE OF LAND FOB LIGHTHOUSE PURPOSES. The next business was the bill (H. R. 31171) to amend an act The next bill on the Unanimous Consent Calendar was the entitled "An act to authorize the construction of a bridge across bill (H. R. 31066) to authorize the Secretary of Commerce and the Monongahela River, in the State of Pennsylvania, by the ·Labor to purchase certain lands for lighthouse purposes. · Liberty Bridge Co.," approv~ March 2, 1907. The Clerk read the bill, as follows : The Clerk read the bill, with the following committee amend Be it enacted, etc., That the Secretary of Commerce and Labor be, ments: and he is hereby, authorized to purchase, for lighthouse purposes, cer Page 7, strike the words "an act" and insert the words "the acts..' tain lands adjoining the present site of the Big Bay Point light station, Lines 8 and 9, after the word " eight," insert " February 18, 1909, Mich., and containing 28 acres, more or less; and to expend therefor, from the appropriation heretofore made by Congress, for .. Repairs and and April 2, 1910.'' incidental expenses of lighthouses, 1911," a sum not to exceed $1,425, and to take and record the necessary and proper title papers tor The SPEAKER pro tempore. Is there objection? said lands. There was no objection. The amendments were agreed to, and the bill as amended was · The SPEAKER pro tempore. Is there objection? ordered to be engrossed and read a third time, was read the Mr. BENNET of New York. Mr. Speaker, reserving the right third time, and passed. to object, I would like to ask the gentleman from Illinois if the words in line 12, page 1, " proper title papers," is the proper BRIDGE ACROSS MATTAWOMAN CREEK, MD. language for the bill? Mr. MANN. This bill was prepared by the Department of The next business was the bill (H. R. 31239) to authorize Commerce and Labor, and that particular question was asked Park O. Abell, George B. Lloyd, and Andrew B. Sullivan, of of them, and they said they thought it was the correct expres Indianhead, Charles County, Md., to construct a bridge across sion. The matter was discussed in committee, and we could see the l\lattawoman Creek near the village of Indianhead, Md. no reason why a deed should not be called a title paper. The Clerk read the bill. The SPEAKER pro tempore. Is there objection? The SPEAKER pro tempore. Is there objection? There was no objection. There was no objection. The bill was ordered to be engrossed and read a third time, The bill was ordered to be engrossed for a third reading; was read · the third time, and passed. and being engrossed, it was accordingly read the third time and passed. EXCHANGE OF RIGHT OF W .AY. LIGHTHOUSE TENDER "WISTAIUA." The next business on the Unanimous Consent Calendar was The next business was the bill (H. R. 31661) to authorize the bill (H. R. 31166) to authorize the Secretary of Commerce the Secretary of Commerce and Labor to transfer the light and Labor to exchange a certain right of way. house tender Wistaria to the Secretary of the Treasury. The Clerk read the bill, as follows: The Clerk read the bill, as follows : Be it enacted, etc., That the Secretary of Commerce and Labor be, and he is hereby, authorized to exchange a certain right of way, now vested Be it enacted, etc., That the Secretary of Commerce and Labor be, in the United States, extending from the keeper's dwelling to the United and he is hereby, authorized to transfer to the Secretary of the Treas States light station at Chequamegon Point, Wis., for a similar right of ury for the use of the Public Health and Marine-Hospital Service, the way on a more direct line between the same points, and to execute the lighthouse tender Wistaria, which vessel is ll? lo~ger needed in con necessary conveyance therefor : Provided, That such exchange be effected nection with the work of the Lighthouse Service. without expense to the United States. The SPEAKER pro tempore. Is there o~jection? The SPEAKER pro tempore. Is there objection? There was no objection. There was no objection. The bill was ordered to be engrossed and read a third time, The bill was ordered to be engrossed and read a third time, was read the third time, and passed. was read the third time, and passed. DAM ACROSS NEW RIVER, VA. BRIDGE .ACROSS THE MISSOURI RIVER, S. DAK. The next business was the bill (H. R. 31922) to authorize The next business on the Unanimous Consent Calendar was the Virginia Iron, Coal & Coke Co. to build a dam across the the bill ( S. 8592) to authorize the construction. of a bridge New River near Foster Falls, Wythe County, Va. across the Missouri River between Lyman County and Brule The Clerk read the bill. County, in the State of South Dakota. The SPEAKER pro tempore. Is there objection to the con · The Clerk read the bill, as follows: sideration of the bill? Be it enacted, etc., That the White River Valley Railway Co. is hereby · There was no objection. authorized to construct and maintain a railroad bridge and approaches The bill was ordered to be engrossed and read a third time, thereto across the Missouri River. extending from some convenient and practicable point, suitable to the interests of navigation, on µie west was read the third time, and passed. bank of said river in the county of Lyman to some convenient and DAM ACROSS SAVANNAH RIVER AT CHEROKEE SHOALS. £ia{~caJ>f:tf 0~rs~thr :J:~t!h~nc~Kco~fdif:C~m:rt"fia~h'e ~r~v1"1~~~ni 0~rn?n act entitled "An act to regulate the construction of bridges over naviga The next business was the bill (H. R. 31925) authorizing the ble waters," approved March 23, 1906. building of a dam across the Savannah River at Cherokee SEC. 2. That the right to alter, amend, or repeal this act is hereby expressly reserved. Shoals. 1911. CONGRESSIONAL RECORD-HOUSE. 2027 The Clerk read the bill, as follows: of the Supreme Court of the United States, Mr. Justice Lamar, Be it enacted, eto., That Hugh MacRae, M. F. H. Gouverneur, and who at one time appeared before our committee with refer E. W. Van C. Lucas, part ners trading under the firm name of Hugh ence to some requests about a dam. He told me the other day MacRae & Co., bankers, of the city of Wilmington, N. C., and their assigns, are her eby authorized to construct and maintain a dam across that he, at the request of some persons who were figuring, I t he Savannah River, at a point suitable to the interests of navigation, think, upon financing a dam somewhere, had gone over our extending from a point in Elbert County·, Ga.;to a point in Abbeville general dam law, and he believed that it was the finest law County; S. C., upon or in the vicinity of Cherokee Shoals, and all works incident t hereto in the utilization of the power thereby developed, in for the preservation of the rights of the Government which he accordance with the provisions of the act approved June 23, 1910, en had ever seen. Of course, all these dams are constructed in t itled "An act to amend an act entitled 'An act to regulate the accordance with the terms of that law and subject to its pro construction. of dams across navigable waters,' approved June 21, 190G. " visions. SEC. 2. That the right to alter, amend, or repeal this act is hereby The SPEAKER pro tempore. Is there objection? [After a expressly reserved. pause.] The Chair hears none. SEC. 3. That the act of Congress approved March 2, 1907, entitled "An act permitt ing the building of a dam across the Savannah River at The bill was ordered to be engrossed and read a third time, Cherokee Shoals by the Hugh l\IacRae Co., a corporation organized was read the third time, and passed. under the laws of South Carolina," is hereby repealed. The SPEAKER pro tempore. Is there objection to the consid MESS.AGE FROM THE SENATE. eration of the bill? A message from the Senate, by Mr. Crockett, one its clerks, l\Ir. COOPER of Wisconsin. Mr. Speaker, I reserve the right announced that the Senate had passed bill of the following to object. I would like to hear. a statement as to just where titie, in which the concurrence of the House of Representatives this dam is located, and how they came to repeal the other was requested: law -and take the rights away from the other company in that S. 9443. An act providing for the naturalization of the wife bill. and minor children of insane aliens making homestead entries Mr. MANN. Mr. Speaker, there was an act passed some under the land laws of the United States. years ago which is repealed by this act, granting to the Hugh l\facllae Co., a corporation, the right to construct a dam across SENATE BILLS REFERRED. the Savannah River at Cherokee Shoals. Owing to the financial Under clause 2, Rule XXIV, Senate bills of the following titles depression of 1907 that proposition was not financed. The same were .taken from the Speaker's table and referred to their ap- parties are now asking, or did ask, for an extension of time. proprrn te committees, as indicated below : · What they originally asked for was an extension of time under S. 9443. An act providing for the naturalization of the wife the original act and a change of the persons to whom it should and minor children of insane aliens making homestead entries run. It was originally granted to the Hugh MacRae Co., but under the land laws of the United States· to the Committee on the Hugh MacRae Co. was a partnership, in fact, consisting of. the Public Lands. ' the persons named in this bill. " S. 6708. An ac~ to amend the act of March 3, 1891, entitled 'rhese people, however, are only the financial people, or the An act to provide for ocean mail 8ervice between the United brokers, in the matter, I will say to the gentleman from Wis States and foreign ports and to promote commerce·" to the consin in all fairness, and expect to raise the money through Committee on the Post Office a.nd Post Roads. ' their connections. The real people who are interested are local people at Wilmington, N. C., and Anderson, S. C., who wish to ENROLLED BILLS PRESENTED TO THE PRESIDENT FOR HIS APPROVAL. develop this dam. We originally had four propositions before M:r. WILSON of Illinois, from the Committee on Enrolled us in reference to this. It developed that with the aid of local Bills, reported that this day they had presented to the Presi people they have managed to get the financial end of it dent of the United States, for his approval the followina through. There are several dams down there owned by local bilJs: ' 0 people on the Savannah River, and this is for the local people; H. R. 710. An act for the relief of Cornelius Cahill · and nnd I may sa.y in reference to these dams, all of them, H. R.1772H. An act for the relief of James F. De Beau. so far as that is concerned, that when President Roosevelt vetoed the James River Dam bill, at James River, Mo., and DAM AC.ROSS ROCK RIVER NE.AR BYRON, ILL. afterwards vetoed the bill for the dam at International The nex:t business on the Calendar for U~~mous Consent Falls-- was the bill (H. R. 31926) permitting the building of a dam 1\lr. STEVENS of Minnesota. The Rainy ·River Dam? across Rock River near Byron, Ill. Mr. MANN. Yes. The Clerk read as follows: Mr. STEVENS of Minnesota. That was vetoed first. Be it enacted, etc., That the Byron Water Power Co., a corporation Mr. MANN. Yes; that is right. The Committee on Inter organized under t~e laws !>f the State of Illinois, with its prin cipal office at Byron, Ill., its successors and assigns, is hereby au state and Foreign Commerce, represented in that in the main thorized to . construct and . maintain a dam across Rock River at by the gentleman from Minnesota [Mr. STEVENS], through him, a point sm.table t_o th~ ~terests of navigation near the upper agreed 1.o take up the matter of amending the original general end of an island m said river at or near the north line of the dam bill by making the limitation 50 years, and making some south half of the southeast quarter of section 20 township 25 north range 11 e:is17 of the fourt~ principal meridian,-in Ogle County, Ill., and provision which might be in the form of at least a sort of com all works mc1dent thereto m the utilization of the power thereby devel pensation to -the Government. oped, in accordance with the provisions of the act approved June 23 After a good deal of work on this subject, both in the .House 1910, entitled "An act to amend an act entitled 'An act to regulate th~ and in the Senate, in connection with the War Department and i9o6~ f,uction of dams across navigable waters,' approved June 21, in connection with President Taft, a bill was finally agreed SEC. 2. That the right to alter, amend, or repeal this act is hereby upon which passed the Congress at the last session and be expressly reserved. came a law on June 21, 1910, which provides for a limited The SPEAKER pro tempore. Is there objection to the con franchise; and it reserves to the Government at all times the sideration of this bill? right to alter, amend, or repeal ariy of the grants which it l\!r. COOPER of Wisconsin. One moment, l\!r. Speaker. I makes without incurring any liability on the part of the Gov reserve the right to object. This river runs through my district ernment. Section 7 of that act provides- so I am interested in this bill. I would like to ask the gentleru~ Tbat the right to alter., amend, or repeal this act is hereby ex from Illinois, chairman of the Committee on Interstate and For pressly reserved as to any and all dams which may be constructed in eign Commerce, what is meant here in this letter of the Chief of accordance with the provisions of this act, and the United States shall incur no liability for the alteration, amendment, or repeal thereof to Engineers, Gen. Marshall, where he says: the owner or owners or any other persons interested in any dam which The proposed a~endment is indicated in red, etc. shall have been constructed in accordance with its provisions. And also what was omitted from the general's letter in the The only purpose in inserting that provision in that law was report. I observe from the stars that a portion of the letter is to prevent the consolidation of these grants in the hands of one omitted. or a few large companies, and without any liability on our Mr. MA.i~N. Yes; I can tell the gentleman what is indicated part for changing the law, we have the right at any time to by the stars. When these bills are introduced they are referred take away their power or to take away from the consolidation, to the War Department, and when the War Department wants giving the General Government the greatest advantage that has to insert an informal amendment it writes it in ink such as ever been given in connection with such a thing, and I will say indicating a point suitable for navigation and thing; of that at this time, because I know the gentleman from Wisconsin kind. like myself, in t~e past had grave doubts how far we ought j If it is an important amendment it is set out in full. These to go. I was talkmg the other day with one of the new ;Justices amendments, such as are shown in ink, are always inserted by 2028 CONGRESSIONAL RECORD-HOUSE. FEBRUARY G, the committee or some special reason stated in the report for not .Mr. REEDER. There is no objection to the amendment. inserting them. The part that is left out in the Secretary's Mr. l\I.ANN. Mr. Speaker, I offer the follo~ing amend letter indicated by stars is this : That report was made by Gen. ment. l\Iarshall before the law was passed in last June and it had The SPE.A..h'"ER pro tempore. The Clerk will report the reference to the advisability of passing such a law. We got amendment. that in every bill we referred to the War Department, but The Clerk read as follows : having passed the law, we did not think it was necessary to Line 4, after "not ice" insert "heretofore"; in line 7, after "appli reprint that which was only a statement about the advisability cations" insert "heretofore; " in line 8, strike out "such withdrawal" of passing such a law. and insert "the passage of this act." . 1\Ir. COOPER of Wisconsin. I observe that Gen. Marshall's The SPEAKER pro tempore. The question is on agreeing to letter is dated "War Department, January 15, 1910." The law the amendment. was passed last June. Now, he says further: The question was taken, and the amendment was agreed to. That the river may hereafter be improved by the United States by TJ:ie bill as amended was ordered to be engrossed and read a · means of locks and dams is a remote possibility, but it is suggested that lt would be well to take such a contingency into consideration and .so third time, was read the third time, and passed. amend the.bill as to expressly reserve this right. DAM .ACROSS COLORADO RIVER AT PYRAMID CANYON, ARIZ. Mr. MANN. That is expressly reserved by the act of June 21. Mr. COOPER of Wisconsin. The stars, and the failure to The next business on the Calendar for Unanimou_s Consent· repeat that, led me to that conclusion. was the bill (H. R. 31859) to authorize the Chucawalla De Mr. MA.1\TN. That is a long statement that we did not reprint. velopment Co. to build a dam across the Colorado River · at or The bill was ordered to be engrossed and read a third time, near the mouth of Pyramid Canyon, Ariz. was read a third time, and passed. The Clerk read as follows: Be it enacted, etc., That the Chucawalla Development Co., a cor IVANHOE FURNACE ~ORPORATION. poration organized under the laws of the State of California, its suc cessors and assigns, be, and they are hereby, authorized to construct, The next business on the Calendar for Unanimous Consent maintain, and operate a dam across the Colorndo River at the mouth of was the bill (H. R. 31931) authorizing the IYanhoe Furnace Pyramid Canyon, known as "Bulls Head dam site," about 22 miles north of Fort Mohave, Mohave County, Ariz., and a portion of said site Corporation, of Ivanhoe, Wythe County, Va., to erect a dam being located in Lincoln County, Nev. ; also a diversion intake dam, 10 across New River. feet high, to be located at or near Black Point, about 20 miles north The Clerk read as follows: and upstream from the town of Ehrenburg, Yuma County, Ariz., and about 20 miles north and above the town of Blythe, Riverside County, Be it enacted, etc., That the Ivanhoe Furnace Corporation, of Ivanhoe, Cal., in accordance with the provisions of the act entitled "An act to Wythe County, Va., its succe sors and assigns, be, and they are hereby, au regulate the construction of dams across navigable waters," approved thorized to construct, maintain, and operate a dam across New River, at a June 21, 1906: Provi-0.ed, That the actual construction of said dam point suitable to the inti:!rests of navigation, at Ivanhoe, Wythe County, shall be begnn within two years and completed within five years from Va., in accordance with the provisions of the act approved June 23, 1910, the date of the passage of this act: A.1ul prnvidea further, That the entitled "An act to amend an act entitled 'An act to regulate the actual construction of said dam shall not be commenced until the plans · construction of dams across navigable waters,' approved June 21, and specifications therefor shall have been presented to and approved 190G." by the Secretary of the Interior in addition to the requiI·ements of the SEC. 2. That the right to alter, amend, or repeal this act is hereby act approved June 22, 1910, entitled "An act to amend an act entitled expressly reserved. 'An act to regulate tbe construction of dams across navigable watet·s' approved June 21, 1906," and in approving the plans and specifications, The SPEAKER pro tempore: Is there objection? the Secretary of the Interior may impose such conditions as to him . There was no objection. shall seem proper for the protection of the public interests of Indians and the United States. The bill was ordered to be engrossed and read a third time, SEC. 2. That the right to alter, a.mend, or repeal this act is hereby was read a third time, and passed. expressly reserved. WITHDRA.WAL OF PUBLIC RECLAMATION NOTICES. Also the following committee amendments were read: The next business on the Private Calendar was the bill ( S. Page 2, line 7, strike out the words "entitled 'An act to regulate the construction of dams across navigable waters,' approved June 21. 1!)06 ' 6842) to authorize the Secretary of the Interior to withdraw and insett " approved June 23, 1910, entitled 'An act to amend an act public notices issued under section 4 of the reclamation act, entitled "An act to regulate the construction of dams across navi0o- able and for other purposes. · waters,'' approved June 21, 1906.' " The Clerk read as follows. th~·~f l:e ~~~·~ ~·d:~!~~ out the word ."dam" and insert in place· Be it enacted, etc., That the Secretary of the Interior may, in his dis Line 18, page 2, strike out the word "therefore" and insert the word cretion, withdraw any public notice issued under section 4 of the "therefor." reclamation act of June 17, 1902, and .he may agree to such modifica th~;f.~ 20, strike out the word " twenty-second " and insert " twenty- tion of water-right applications duly filed or contracts with water-users' associations and others, entered into prior to such withdrawal, as he may deem advisable, or he may consent to the abrogation of such water The SPEAKER pro tempore. The question is on agreeing to right applications and contracts, and proceed in all respects as if no the committee amendments. such notice had been given. · The question -was taken, and the amendments were agreed to. The SPEAKER pro tempore. Is there objection to the con The bill as amended was ordered to be engrossed and read a sideration of the bill? third time, was read the third time, and passed. Mr. MANN. l\Ir. Speaker, I reserve the right to object. I The title was amended so as to read: "A bill to authorize the would like to ask the gentleman a question. This bill is very Chucawalla Development Co. to build a dam across the Colorado general in character, and applies to notices which may be River at or near the mouth of Pyramid Canyon, Ariz.; also, a issued hereafter as well as those which have been issued here diversion intake dam at or near Black Point, Ariz., and Blythe, tofore. Cal." Now, I have understood that the desire was to properly pro Mr. MANN. :Mr. Speaker, I ask unanimous consent to insert Yide for some hard cases which now exist. I would like to in in the RECORD a telegram that has some relation to this bill quire whether the gentleman is willing to insert, in line 4, be The SPEAKER pro tempore. Is there objection? fore the word " issued," the word "heretofore," and in line 7, There was no objection. after the word " application," the word "heretofore," and in The telegram is as follows : line 8, strike out " such withdrawal" and insert "the passage P.A..RKEB, ARIZ., February 1, 1911. Hon. JAMES R. MANN, of this act," so that it would read: H.ous e of Representatives, Washington, D. 0. That the Secretar-y of the Interior may, in his discretion, withdraw At a meeting of the Parker Board of Trade, of Parker, Ariz., thet•e any public notice heretofore i sued in section 4 of the reclamation act of being present a large majority ot the members of said board, the follow JuM 17, 1902, and he may agree to such modification of water-right ing preamble and resolutions were unanimously adopted : applications heretofore duly filed or contracts with water-users' associa Whereas there has been an anonymous circular letter circulated in tions and others, entered into prior to the passage of this act, as he .:affington against the Warren bill, Senate bill 8617 : Now, therefore, may deem advisable, etc. R esolved, That we had no knowledge of the letter until after its cir Mr. REEDER. Yes, sir; we are willing to accept that culation; that it was not issued under the authority or sanction of the amendment. Parker Board of Trade, and wholly without their sanction or knowledge ; that the Parker Board of Trade heartily approves of this bill and unani Mr. MANN. As I see, that is all you desire. mously urge its immediate passage, and also heartily approves that part Mr. REEDER. That is all we desire. of the omnibus dam bill whereby James W. Mccreery and associates are Mr. MANN. And I think everybody will agree that it is de- given the authority to construct a dam across the Colorado River at or near Parker, Ariz., and we unanimously urge its immediate passage. ~rnhla - PARKER BOARD OF· TRADE. l\Ir. MADISON. I think the gentleman is entirely correct in G. C. DUNN, P1·esident. his provision. R._C. SAUFLEY, Secretary. 1911. CONGRESSIONAL RECORD-HOUSE. 2029" RECLAMATION FUND. l\Ir. ILUIER. Mr. Speaker, I want to read an extract from The next business on the Calendar for Unanimous Consent the report of the Secretary of the Interior. He says: was the bill ( S. 94-05) to amend section 5 of the act of Con Said bill, No. 9405, will afford relief to this class of entrymen by providing that the lands so relinquished shall continue t-0 'be subject gress ·of June 25, 1910, entitled "An .act to authorize advances to entry under the homestea"(J law, subject to the terms and conditions to the ' reclamation fund,' and for the issue and disposal Qf cer imposed by the reclamation act. It is a measure which will afford tificates of indebtedness in reimbursement therefor, and for relief to settlers. will ~perate in a limited number of ca~s only, and, in other purposes." the opinion of the department, should be enacted into law. The Clerk read as follows: Mr. l\IANN. But I understood the gentleman from Wyoming Be it enacted, etc., That section 5 of an act . entitled "An act to to say that that was not the purpose -0f the bill. authorize advances to the 'reclamation fund,' and fo.r th1l issue and dis Mr. BENNET of New York. I want to ask the gentleman posal of certificates of indebtedness in reimbursement therefor, and fo.r other purposes," approved June 25, 1910 (36 Stat. L., p. 835), be, and from Wyoming one questi-0n more. If this is a valuable right 'the same hereby is, amended as follows: for those that entered prior to June 25, 1910, why is it not "SEC. 5. That no entry shall be hereafter made and no entryman equally valuable for those who enter subsequently? shall be permitted- to go upon lands reserved for irrigatlon purpo.ses until the Secretary of the Interior shall have established the unit of . Mr. .MO::NDELL. Under the law I just referred to, known acl'eage and fixed the water charges and the date when the water can as the $20,000,000 certificate act, it was provided that here be applied and make public announcement of the same: Pro'Dided, That after no land should be opened to entry until water has been where entries made prior to June 25, 1910, have been or may be relinquished in whole or in pa.rt, the land.s so relinquished sh:all be sub provided, and hereafter entrymen will have no such difficulty, ject to settlement and entry under the homestead law as amended by because they can comply with the law and get title. This is an act entitled ..An .act appropriating the receipts from the sale and simply to cover those cases where the men ha ye gone on the disP<>Sal of the public lands in certain States and Territ-0ries to the consh·uction of irrigation wol'ks for the reclamation of arid lands,' ' land before the water was put on, to give them un opportunity approved June 17, 1902." {32 Stat. L., p. 388.) to sell their improvements, and let some one else comply' with the law. Mr. BENNET of New York. .Mr. Speaker, reserving the right to object, I would like to have a word of explanation as Mr. BEl~ET of New York. No one can subsequently make to that provision. an entry, so that hey will be in a similar predicament? Air. AI01'.-r:DELL. I want to say to the gentleman that the Mr. MONDELL. No. only change in the present law is that necessitated by the pro Mr. REEDER. .1\Ir. Speaker, reserving the right to object, I vision contained .in the "$.20,000,000 certificate act" of last wish to make some remarks about this case. I think the gen year, which provided that hereafter no lands shall be open to tleman from Wyoming seemed rather inclined to think that enti·y under the reclamation law until water for irrigation has some of the other committees had been. discourteous in. taking been p1·ovided for such lands. Now, it happens that, upon some cognizance of bills that belonged to his committee. I. think the· projects heretofore opened, some entryman for one reason or gentleman himself has ta.ken the same privilege in this case. This seems to be cleai·]y a matter that should ha\e gone to the another find it neces&'ll'Y to give up their entries; then gen erally do this by relinquishment, and where there is such a Committee on Irrigation of Arid Lands. relinquishment, under the provisions of the act I have referred Mr. MONDELL. I want to say that there is a difference of to, the lands can not thereafter be reentered. This proviso opinion as to where this bill should have gone, but I will say to the section of the irrigation act provides that lands so to the gentleman from Karu;as that if the question had been relinquished may be i·eentered under the provisions of raised before we had acted upon the bill we would probably have referred it to his committee. the law. Mr. REEDER. I want to imp1·ess on the gentlemn.n's mind Mr. MANN. May I ask the gentleman, brieily, a question? the fact, so that he will think before he acts next tim·e...... Mr. MONDELL. Certainly. The SPEAKER pro t.empore. Is there .objection? l\fr. MANN. I suppose the purpose of this bill is to permit of There was no objection. the sale relinquishment? The bill was ordered to be engrossed and read a third time, 1\Ir. MONDELL. No; that is not exactly its purpose. It was read the third time, and_passed. will, .however, in practice have that effect. . lli. J\IA.1'.TN. If that is not the purpose of it, I shall object To PREVENT DISCLOSURE OF NATIONAL-DEFENSE SECRETS. to it. Mr. MONDELL. The gentleman knows that in some cases The next business on the Unanimous Consent Calendar was these reclamation projects were opened quite a number of years the bill {H. R. 26656) to prevent the disclosure of national ago. defense secrets. Mr. MANN. I understand; but I can see no more reason for The Clerk read the bill, as follows: letting a man enter a piece of ground, unless he has bought Be i"t enacted, etc., That whoever, for the purpose of wrongfully ob the relinquishment, where it has already been entered before taining information respecting the national defense, goes upon any ves sel or enters any navy yard, nav:il station, fort, battery, torpedo station, than where it has not been entered before. The1·e is no dis arsenal, camp, factory, building, office, or other place connected with tinction. the national defense, owned or constructed or in process of construetion Mr. MONDELL. The gentleman is right in his 'View that by the United States, and whether situated within the United States or in an,y place noncontiguous to but subject to the jurisdiction !Jl~reof; ·or an entryman can, under this act, sell his relinquishment. In whoever, when lawfully or unlawfully upon any vessel, or m or near some cases the entrymen have cultivated their lands or im any such place, without proper authority, obtains, takes, or makes, or proved them quite extensively. They ought to be given the attempts to obtain, take, or make, any document, sketch, photograph, opportunity tQ get something for their improvements. photo~raphic negative, plan, model, or knowledge of anything connected with tne national defense to which he is not ~titled ; or whoever, with Mr. l\I.ANN. And then they want to sell their relinquishment. out proper authority, receives or obtains, or undertakes or agrees to l\lr. MONDELL. It is utterly impossible for them to do so receive or Qbta.in, frQm any pel'Son, any such document, sketch, photo graph, photographic negativ"El, plan, model, or knowledge, knowing the if the land can not be reentered. same to have been so wrongfully obtained, taken, or made ; or whoever, Mr. MANN. In those cases where they can not sell their having possession of or control over any sueh document, sketch, photo relinquishment, then no other man should be permitted to graph, photogrephic negative, plan, model, o.r knowledge, willfully .and without proper authority, communicates or attempts to communicate the enter upon it. • same to any person not entitled to receive it, or to whom the same Ur. MONDELL. I want to say that this amendment was ought not, in the interest of the national defense, be communicated at suggested by the Recla ma tion Service, because they meet these that time; or whoever, being lawfully intrusted with any such docu ment, sketch photograph, photographic negative, planr model, or knowl cases in the field where great hardship is wrought by reason of edge, willfully and ·in breach of his trust, so commumcates or attempts the fact that a homesteader, having been upon the land quite to communicate the same, shall be iined not more than $1,000, or im a number of years, finds it utterly impossible to remain, and prisoned not more than one year, or both. SEC. 2. That whoever, having committed any offense defined in the he can not secure any return for the investment he has made preceding section, communicates or attempts to communicate to any at all. foreign government, or to any agent or employee thereof, any document, if sketch, photograph, photographic negative, plan, model, or knowledge l\fr. MANN. I asked the gentleman the purpose of this so wrongfully obtained, taken, or made, or so intrusted to him, shall be amendment was to permit such a homesteader to sell his relin imprisoned not more than 10 years. The intent to so communicate quishment, and the gentleman says that is not the reason. If any su~h document, sketch, photograph, photographic negative, plan, model, or knowledge to a foreign government, or to an agent or em that is not the reason, I shall object to the bill. ployee thereof, shall be presumed in every ease where any offense defined Mr. MONDELL. I do not think that is just the way to sblte m section 1 is committed by a person not a citizen of the United it, but I want to say to him that under the legislation proposed States. SEC. 3. That offenses against the provisions of .thi.s act committed the entryman could do thaf upon the high seas or elsewhere outside of a judicial district shall be Mr. HAl\fER. I would like to call the gentleman's attention cognizable in the district where the offender is found or into which he to the letter of the Secretary. i.s first brought; but offen'lres hereunder committed within the Philip pine Islands shall be cognizable in any court of said islands having l\fr. l\IAJ\TN. I have read the letter, I will say to the gentle original jurisdiction of criminal eases, with the same right of appeal man from Idaho. us is given in other criminal cases where imprisonment e:rceeding one 2030 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6, year forms a part of the penalty ; and jursdiction ls hereby conferred The SPEAKER pro tempore. Is there objection! upon such courts for such purpose. Mr. BENNET of New York. Mr. Speaker, reserving the right With the following committee amendments: to object, I desire to get some information. Under this bill Pa"'e 1 line 9 after the word " States," insert "or in the possession apparently an attorney who has in the trial of a case the right or mraer 'the control of the United States or any of its authorities o~ to make objections and to take exceptions will have whatever agents." . ~ advantage he may gain from that objection and exception taken Page 3, line 5, strike out all after the word " years," down to and including line 11. away from him, according to how the appellate court may view the matter as to its materiality or immateriality, that The SPEAKER pro tempore. Is there objection! • court knowing nothing of the surroundings of the trial or the Mr. BENNET of New York. Mr. Speaker, reserving the right appearance and demeanor of witnesses. Does the gentleman to object, I would like to ask, What is covered by the language think it is right to make objections and exceptions absolutely on line 6, page 2, " to which he is entitled! " What is a citizen valueless, as this bill does? or anyone else entitled to in connection with a photograph or Mr. MOON of Pennsylvania. Mr. Speaker, I would say in an a picture of a national defense! swer to that that it does not (lo that at all, in my judgment. Mr. PARKER. Many people are allowed to go in and ·take The language is- such pictures. That the error complained of has injuriously affected the substantial l\fr. BENNET of New York. Does not the gentleman think rights of the parties. that the language might be improved! Mr. PARKER. We were not able to improve the language. The object of the bill is to prevent the necessity for a new The language originally was the word "wrongfully," which is trial as the result of merely technical and harmless error. Our used in the foreign statutes, but it is vague and ambiguous. legal reports are filled with cases that have been tried over and The only way that we could make the language seem correct over again, owing to harmless mistakes, perhaps, on the part of was to say that- a too solicitous attorney who attempts to get in evidence some Whoever for the purpose of obtaining lnformatlon respecting the thing that would not affect his case, and which is afterwards national defense to which he is not lawfully entit!ed, etc. shown to have been irrelevant and incompetent. In such a case as this the appellate court in a review of the case is convinced That is the real point of the case. that the admission by the court below did not injure the appel l\fr. BENNET of New York. If the gentleman ls correct, lant's rights at all. But under the present practice and under we ought to insert the word "lawfully," in line 6, page 2, before existing law the judgment of the lower court has been reversed " entitled." and the case has gone back for another trial, and in many Mr. PARKER. There is no objection to it, but I do not think instances years have been consumed in the final adjudication of it makes any difference in the meaning. the case. Most courts of appeals feel, if a technical error has l\fr. BENNET of New York. I would like to ask the gentle been committed, there must be a new trial; and frequently a man if the language in this bill is substantially in the for_m of court trial under existing law is a test of superiority between foreign statutes. attorneys for technical and tactical ability. I do feel that there Mr. PARKER. It is almost exactly in the form of the is a crying need for this law. This bill was prepared by the English statute. We have stricken out the presumption of American Bar Association and has received the unanimous sup intent; we thought that was not fair. . port of that association more than once. Two or three times Mr. BENNET of New York. Let me ask the gentleman a prominent members of that association came before our com further question. In the harbor of New York there are a number mittee and urged the passage of this bill. We modified it some of forts. Suppose a tourist going down through the harbor, what materially in respect to the power of the appellate having a camera which is not an uncommon thing for tourists court. to have should 'tak~ a photograph of Fort Hamilton or Fort Mr. BUTLER. Appellate courts are not bound to grant new Wadsw~rth or Fort Lafayette, would that be a violation of this trials, are they, where immaterial' evidence has been admitted statute! by the court! Mr. PARKER. I am inclined to think not. At any rate, Mr. l\fOON of Pennsylvania. They ·will be absolutely com there would be a very small penalty ; but there might be a case pelled to do it in a great number of cases. A great number of where a man might take such a photograph to communicate to cases were cited to the committee. I think one or two are a foreign government. referred to in the report. · ~fr. BENNET of New York. I think we ought to pass with Mr. BUTLER. I have no objection to the consideration of some hesitation a bill which makes the innocent act of a person this bill, I will say to my friend, but it seems to me there is no a cri~e. · use for it. l\fr. PARKER. Let me say to the gentleman.that this is ~bout Mr. MOON of Pennsylvania. Oh, there is great use for it. the fourth draft of this act. We have cut it down until we Mr. BUTLER. My recollection is that the appellate court is thought we could not benefit any more, after the most careful not compelled to grant a new trial in those circumstances. consideration. I have had it under consideration myself a long Mr. MOON of Pennsylvania. I have a case here in which con time. viction for murder was reversed. The court felt absolutely com l\fr. HOBSON. If the gentleman from New Jersey will per pelled to do so. It was because of a fault in the indictment. mit I want to say that such a photograph as was mentioned The law required that the indictment should state that the ·by 'the gentleman from New York would not be giving away offense was committed against the peace and dignity of the any national-defense secret if it was taken aboard of a ship, State. The indictment omitted the word " the," and made it and there could be no criminality in it. read "against the peace and dignity of State." The man was The SPEAKER pro tempore. Is there objection to the con- convicted. He was absolutely guilty. There was no question sideration of the bill! about that at all. There was no objection. Mr. BUTLER. And the appellate court directed a new The amendments were agreed to. trial? The bill as amended was ordered to be read a third time, was Mr. MOON of Pennsylvania. Was compelled to do it. read the third time, and passed. Mr. BUTLER. Then I would .concede the necessity for REVERSAL OF JUDGMENTS ON TECHNICAL GROUNDS. this law. Mr. STEPHENS of Texas. There was a similar case in The next business was the bill (H. R. 31165) to regulate pro Texas. cedure in the United States courts in certain cases. :Mr. MANN. Is not this bill directly in line with the recom The Clerk read the bill, as follows : mendation of President Taft, who has given a great deal of Be it enacted, etc., That no judgment sh;ll be set aside or reversed earnest consideration to the question of expediting court pro or new trial granted by any court of the United Stat~s in any case, civil or criminal on the ground of misdirection of the Jury or the im cedure! proper admission' or rejection of evidence, or for error as to any matter Mr. MOON of Pennsylvania. I will read what President Taft of pleading or procedure, unless, in the opinion of the court to which said on the subject before his election, in an article which he application is made, after an examination of tl~e entire cause, it shall appear that the error complained of has injuriously aft.'ected the sub wrote for the Daily Law Journal, volume 15, page 1: stant ial rights of the parties. The .trial judge may !n any case submit No judgment of the court below should be reversed except for an to the jury the issues of fact arising upon the pleadmgs, reserving any error which the court, after hearing the entire evidence, can affirma question of law arising in the case for subsequent argument and de tively say would have led to a different verdict. cision, and he and any court to which the case shal~ thereafter be taken on writ of error shall have the power to direct Judgment to be Mr. OLCOTT. This is the bill that was practically prepared entered either upon the verdict or upon the point res~rved, if conclusive, as its judgment upon such point reserved may require. and recommended by the American Bar Association! 1911. CONGRESSIONAL RECORD-HOUSE. 003]] l\Ir. MOON of Pennsylvania. It was prepared by the Ameri Mr. PEARRE. We have no such statute in Maryland at all, can Bar Association and modified to some extent, and to their and under the common jurisdiction of the judges the judges entire satisfaction, by the committee. frequently, in their opinions, hold that they will not grant a .Mr. COOPER of Wisconsin. Does the gentleman's amend- new trial because the error did no materially affect the iights ment say "would have led" or "might have led." of the party. Mr. PARKER. We cut that out altogether. Mr. HUGHES of New Jersey. I will suggest to the gentleman The SPEAKER pro tempore. Is there objection. that that was a pure usurpation of authority on the part of the Ur. BENNET of New York. Still reserving the right to ob judge, because there is absolutely nothing in the common law to ject, it seems to me that this bill goes a long way. In our justify a judge to do anything except reverse for error. own Stale there is a statute such as this relating to criminal Mr. PEARRE. The court exercised its discretion, of course. cases, and the result of that has been to absolutely eliminate Mr. HUGHES of New Jersey. They have not any discretion, the ·rnlue of an objection and an exception. I would suggest to the gentleman. I do not see how the appellate court is ever, and in this I am ~fr. PEAR.RE. I think it is a dangerous thing to put in a just stating the views of the court of appeals of our own State, statute a discretion of that sort which will, in the end, in the stated and restated, how the appellate court is ever going to case of some judges, substitute the judgment of the judge for justify itself in not setting aside or reversing a case because the judgment of a jury in passing upon certain facts. substantial injury has not been done. Our court of appeals .Mr. HUGHES of New Jersey. I would suggest to the gentle has said time and time again it was impossible for the appel man, after all, I have always believed you are just as liable late court to say that substantial injury had not been done. to get a case tried right the first time as you are the last Mr. MOON of Pennsylvania. Take the particular ca.se of the time. · State of Missouri, where there wn.s the omission of the word l\Ir. PEARRE. If you try it right. " the" before the word " State." There the entire work of the trial court was overthrown, and I think the man eventually ~Ir. HUGHES of New, Jersey. I have never been able to escayed punishment for some technical reason. understand exactly the faith which the American people seem to l\.{r. BENNET of New York. Those cases are very few. ba.ve in the last judge that can try a case. I think we ought Mr. MOON of Pennsylvania.. This bill leaves the exercise of in nearly every instance to dispose of cases the first time. It this power with the courts, and we can certainly trust our would be better in a great many instances for a man to lose courts in this respect. It very materially narrows the recom his case the first time than to win it the last time. mendation of the American Bar Association, and we leave to the Mr. PE.ARRE. That depends entirely upon what is involved court to say whether any substantial right had been destr.oyed in the case. or impaired by the harmless error committed. The language l\lr. HDGHES of New Jersey. And all over the country, in a recommended by the American Bar Association was more re great many other States of the Union, and in England particu strictive. We leave it to the appellate court. They read the larly, effort is being made to bring causes to issue at once and testimony. We give them the right to say that the testimony dispose of them finally. which was taken if wrongfully admitted or excluded could not Ur. PEARUE. The gentleman would not say that if the life possibly have affected the substantial rights of the party; they or liberty of a citizen were involved, would he, in the determina· do this now in many States. We have a record of many cases tion of the question by the judge? that have been in court for many years, tried time after time Mr. HUGHES of New Jersey. I have very peculiar ideas in and reversed by the court on a technical error, and in many regard to that. I am somewhat in favor of the English system, cases before the litigation has ended the parties have died. the beauty of which was demonstrated recently in the trial of Widows have died before they received compensation by a ver the murderer Crippen. dict for the lo ss of their support upon which they have perhaps Mr. PE.ARRE. I . am frank to say I prefer the American been dependent for subsistence. system. Mr. PARKER. Will the gentleman permit me? If I re Mr. HUGHES of New Jersey. I want to say this: That the member rightly, the American Bar Association recommendation statute has operated with great success in my State, and I required that before you could have a writ of error there must trust the gentleman from New York will not object to it. be a certificate from the judge that had not the error been com l\Ir. BENNET of New York. I will not object to it and put mitted the case would probably have gone the other way. We my judgment as a lawyer against the judgment of so many Bimp1y ·say the court shall not reverse the case unless the others. It seemed to me that this bill introduced a grave and, error had injuriously affected the substantial rights of the I think, a harmful feature to our system. parties. The SPEAKER pro tempore. Is there objection to the consid Mr. PEARRE. In whose judgment? eration of the bill? - Mr. PARKER. In the judgment of the court of errors or There was no objection. •.. appeals. The bill was ordered to be engrossed and read a third ·time, l\Ir. PEARRE. In other words, it is just a substitution of was read the third time, and passed. the judgment of a judge for the judgment of a jury. Mr. PARKER. No; it is that the error must injuriously UNITED STATES MARSHALS AS DISBURSING OFFICERS. affect substantial rights; and to the slightest extent that The next business on the Calendar for Unanimous Consent error may do so the court will reverse and try it over again was the bill (H. R. .31063) permitting chief office deputy United so as to give the jury a right to find a verdict if it be ma.: States marshals to act as disbursing officers for their principals terial. If it is immaterial, of course it does not injuriously in cases of emergency. .. affect the parties. The Clerk read as follows : Mr. PEARRE. If it is immaterial-- Mr. PARKER. If the error that has been made is an im Be it enacted, etc., That in case of the illness or unavoidable absence of any United States marshal from his office, be may, with the approval material matter that does not affect substantial rights, the of the Attorney General first obtained, autbori.ze his chief deputy to act court does not set aside the case. in bis place and discharge all the duties required by law of such United I\fr. PE.ARRE. Does not the gentleman know as a matter of States marshal in his capacity as a disbursing officer. T he offi cial bond or bonds of the marshal shall, in such cases, cover and apply to the fact the courts generally refuse to recognize immaterial and un acts of the persons so acting for him, and such person silall, while so substantial errors? acting, be subject to all the liabilities and penalties prescrib...nd by l\lr. PARKER. Yes; but-- law for the official misconduct in like eases of United States mar Mr. PE.ARRE. They are bound to. Is not the gentleman shals. familiar with many decisions where the courts have stated this ·Also the following committee amendment was read : principle, that where it is not a substantial error and does not Page 1, line G, before the word "deputy," insert "office." affect the party the court may grant a new trial? l\fr. PARKER. Yes; that was by statute in New Jersey. I The SPEAKER pro tempore. The question is on agreeing to do not think it is common law. the committee amendment. Mr. PE.ARRE. My impression is that it is common law. The amendment was agreed to. Mr. HUGHES of New Jersey. I think the gentleman from The bill as amended was ordered to be engrossed and read a New Jersey [1\fr. PARKER] is undoubtedly right, because the third time, was read the third time, and passed. State of New Jersey passed just such a statute as this, as I understand it, for the purpose of enabling absolute justice to AMENDMENT TO SECTION. 183, REVISED STATUTES. be done and bringing criminals to justice, and permitting liti The next business on the Calendar for Unanimous Consent gants to get justice regardless of whether or not trifling errors was the bill ( S. 4239) to amend section 183 of the Revised were committed in the trial· of the case, Statutes. XLVI-128 2032 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6, The Clerk read as follows: Mr. ROBINSON. Mr. Speaker, I ask unanimous consent Be it enacted, etc., That section 183 of the Revised Statutes of the that the substitute be read instead of the original bill. United States be, and is hereby, amended so as to read as ~ollows: The SPEAKER pro tempore. The gentleman from Arkansas "SEC. 183. Any officer or clerk of any of the departments lawfuJly detailed to investigate frauds on, or attempts to defraud, the Govern asks unanimous consent that the substitute be read instead ot ment, or any irregularity or misconduct of any officer or agent of the the bill. Is there objection 7 United States, and any officer of the Army, Navy, or Marine Corps de There was no objection. tailed to conduct an investigation, and the recorder, and if there be none the presiding officer, of any military or naval board appointed for The Clerk read as follows: such purpose, shall have authority to administer an oath to any Amend in the nature of a substitute as follows : witness attending to testify or depose in the course of such investi "That the exclusive right to use, occupy, and enjoy the possession of gation." all of_ lots No~. 5 and 6, in block No. 114, in the city of Hot ·Springs, Ark., is by this act granted to the Hot Springs Lodge, No. 62, Ancient Mr. MANN. Mr. Speaker, I move to amend by striking out Free and Accepted Masons, under the jurisdiction of the Grand Lodge in line 10 the word " or " and inserting, after the word " Corps," of Arkansas, for the purpose of ere<:ting and maintaining thereon a suit able and sightly ~upding for the use of t.he said Hot Springs Lodge. the words "or Revenue-Gutter Service." The rights and privileges granted under this act shall continue as long The SPEAKER pro tempore. ·The gentleman from Illinois as the property is used and occupied for the purposes mentioned in this offers an amendment, which the Clerk will report. act, subject, however, to the following conditions · and limitations namely : That unless said Hot Springs Lodge shall, within five years The Clerk read as follows : after the pas age of this act, erect and equip a suitable and sightly building for the purposes above mentioned, or if said Hot Springs Lodge In line 10, on page 1, after "Navy" strike out the word "or," and shall at any time hereafter use, or permit the premises to be used, for after the word " Corps" insert "or Revenue-Cutter Service.. , any other purpose than that herein granted, then, and in either event, l\Ir. MANN. Under the bill, if it becomes a law, it implies all the rights, privileges, and powers by this act granted and con that :none of these officers on board now have the authority to ~~~rt~~. up said Hot Springs Lodg·e shall be forfeited to , the United administer oaths, and it is just as important to have that au " SEC. 2. That upon compliance with the conditions and requirements of thority in the Revenue-Cutter Service on board as it is in the section 1 of this act by said Hot Springs Lodge the Secretary of the Interior, in his discretion, is hereby authorized to lease to said Hot other three services. l\Ir. Speaker, I offer the following amend Springs Lodge a sufficient quantity of hot water to accommodate said ment, which I send to the desk. lodge for all drinkin~ purposes and to supply not more than five bath tubs, under such rules and regulations as he may prescribe; and all The Clerk read as follows: improvements made upon said property shall be subject to the approval Page 1, line 12, after the word " military," strike out the word "or," of the Secretary of the Interior." and after the word "naval" insert the words "or Revenue-Cutter Amend the title so as to read : "A bill authorizing the Hot Springs Service." Lodge, No. 62, Ancient Free and Accepted Masons, under the jurisdiction of the Grand Lodge of Arkansas, to occupy and construct buildings for The amendment was agreed to. the use of the organization on lots Nos. 5 and 6, in block No. 114, in The bill as amended was ordered to be read a third time, was the city of Hot Springs, Ark." read the third time, and passed. Mr. STAFFORD. Mr. Speaker, reserving the right to object, I wish to inquire what special need there is for the provision AUTHORIZING UNITED STATES MARSHALS TO ADMINISTER OATHS. found in section 2, authorizing the granting of hot water for The next business on the Unanimous Consent Calendar was use in bathtubs in this proposed building. the bill (H. R. 31657) to authorize United States marshals and l\fr. ROBINSON. The substitute was prepared by the De their respective chief office deputies to administer certain oaths. partment of the Interior, and it contemplated that the lodge The Clerk read the bill, as follows : will probably use it in conjunction with the temple. In any event, the department thought it well to provide for a limited Be it enacted etc., That each United States marshal and each chief deputy United States marshal is hereby authorized and empowered to use of water in this way. administer oaths to the marshal's deputies and other persons presenting l\lr. STAFFORD. Is there any other lodge of the same to the marshal claims and accounts for payment. order in the city of Hot Springs? The following committee amendment was read: l\Ir. ROBINSON. Masonic lodge? No; there is no other; this is the sole lodge. Mr. Speaker, I desire to offer an amend· Add, at the end of the bill, the following: "Provided, That the United States marshal or chief deputy marshal shall not be entitled to any ment. fee for administering such oaths." On page 2, line 25, after the word " number," strike out the words " five and six" and insert in lieu thereof the words "one and two," so The SPEAKER pro tem,pore. Is there objection to the con- that it will read " lots 1 and 2." sideration of the bill? There was no objection. At the time the bill was reported the Department of ·the In The amendment was agreed to. terior had reserved lots 1 and 2 for the purpose of constructing The bill as amended was ordered to be engrossed and read a a building itself. Since that time that project has been aban third time, was read the third time, and passed. doned, and this is satisfactory to the Department of the In terior. These lots 1 and 2 are not so far up on the mountain TO AMEND IRRIGATION LAW. as lots 5 and 6 and are more desirable. l\lr. l\1ANN. And it meets with the approval of the Govern- The next business on the Unanimous Consent Calendar was ment officials? the bill (H. R. 30889) to amend the irrigation law. Mr. ROBINSON. Yes. The Clerk read the bill, as follows : The SPEAKER pro tempore. Is there objection? Be it enacted, etc., That the Secretary of the Interior be, and he is There was no objection. het·eby, authorized to prescribe in public notices issued under provisions of the act of Congress approved June 17, 1902 (32 Stat. L., p. 388), -The SPEAKER pro tempore. The Clerk will report the and section 5 of the act of Congress approved June 25, 1910 (36 Stat. amendment. L., p. 835), the manner in which public lands within reclamation proj The Clerk read as follows : ects may be entered or settled upon by qualified entrymen under . the homestead law, and the Secretary of the Interior may, in his discretion, On page 2, line 25, strike out the words "five and six" and insert require each qualified person who seeks the privilege of making entry the words " one and two." under the terms of such public notice at any land opening to deposit with his application for that privilege such ~dvance payment as the The amendment to the amendment was agreed to. said Secretary may specify : Provided, That the Secretary of the Interior The amendment in the nature of a substitute as amended may declare such deposit forfeited in all cases where the person mak ing the same shall, without sufficient reason, fail to make entry after was agreed to. the pl'ivilege of doing so has been given him, and all moneys so for The bill as amended was ordered to be engrossed and read a feited shall be paid into the Treasury of the United States to the credit third time, was read the third time, and passed. of the United States reclamation fund. The title was amended by striking out the words " five and The SPEAKER pro tempore. Is there objection to the con six" and inserting the words "one and two." sideration of the bill? RECONSIDERATIONS, T.Qere was no objection. The bill was ordered to be engrossed and read a third time, Mr. l\IA:NN. l\Ir. Speaker, I ask unanimous consent to enter was read the third time, and passed. a motion to reconsider in the case of each of the bills which have passed to-day and that that motion lie on the table. SALE OF LANDS AT HOT SPRINGS, ARK. The SPEAKER. Is there objection to the request of the gentleman from Iµinois? [After a pau:se.J The Chair hears The next business on the Unanimous Consent Calendar was none. the bill (H. R. 23361) to authorize the sale of certain property in the city of Hot Springs, .Ark., to Hot Springs Lodge, No. 62, ADJOURNMENT, Ancient Free and Accepted Masons, in restitution for the dis Mr. MANN. Mr. Speaker, I ask unanimous consent that possession of its holdings on the permanent Hot Springs Reser when the House adjourns to-day, it adjourns to meet at 11 vation by the United States Hot Springs Commission. o'clock a. m. to-morrow. To-morrow being suspension day, I 1911. CONGRESSIONAL RECORD-HOUSE. 2033 may say the House will proceed with the Unanimous Consent PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. Calendar until it is :finished. Under clause 8 of Rule XXII, bills, resolutions, and memo Mr. GARRETT. Mr. Speaker, reserving the right to object, rials were introduced and severally referred as follows: it will not interfere with the special order? By Mr. SIMMONS: A bill (H. R. 32530) to pension widows, Mr.. MANN. To-morrow is suspension day under· a special minor children, etc., of deceased soldiers and sailors of the late order, and under the rules of the House we proceed with the War with Spain, etc., and to grant a pension to certain widows Unanimous Consent Calendar, which is required to be called on of the deceased soldiers and sailors of the late War with Spain; days when motions to suspend the rules are in order. to the Committee on Pensions. The SPEAKER. The gentleman from Illinois asks unani By Mr. CARTER (by request) : A bill (H. R. 32531) au mous consent that when the House adjourns to-day it adjourn thorizing the Secretary of the Interior to permit the Missouri, to meet to-morrow at 11 o'clock a. m. Is there objection? Kansas & Texas Coal Co. and the Eastern Coal & Mining Co. There was no objection. to exchange certain lands embraced within their existing coal l\1r. MANN. l\lr. Speaker, I move that the House do now leases in the Choctaw and Chickasaw Nation for· other lands adjourn. within said nation; to the Committee on Indian Af The motion was agreed to; accordingly (at 5 o'clock and 24 fairs. minutes p. m.) the House adjourned to meet on Tuesday, Feb By Mr. FITZGERALD: A bill (H. R. 32532) to provide for ruary 7, at 11 o'clock a. m. the construction of an intercepting sewer for the relief of the United States navy yard at Brooklyn, N. Y.; to the Committee on Naval Affairs. EXECUTIVE COMMUNICATIONS, ETC. By l\Ir. RANDELL of Texas: A bill (H. R 32533) to amend Under clause 2 of Rule XXIV, executive communications the revenue laws so as to provide for furnishing certified copies were taken from the Speaker's table and referred as fol- of certain records to officers and other persons ; to the Com lows: · mittee on Ways and Means. -1. A letter from the Secretary of the Treasury, transmitting By l\Ir. PARKER (by request): A bill (H. R. 32534) to a recommendation of legislation as to the sinking fund of the amend section 876 of the Revised Statutes of the United States; Treasury (H. Doc. No. 1356); to the Committee on Ways and to the Committee on the Judiciary. Means and ordered to be printed. By Mr. MACON: A bill (H. R. 32535) to ·prevent the u e of 2. A letter from the Secretary of the Treasury, transmitting the mails, the telegraph or telephone lines, and the railroads, by a recommendation as to jurat fees of notaries public (H. Doc. any company, corporation, etc., for purposes of interstate or No. 1357) ; to the Committee on the Judiciary and ordered to foreign commerce where the aggregate value represented by be printed. their stocks, bonds, etc., exceeds the aggregate physical value 3. A letter from the Secretary of the Treasu:ry, transmitting of the property and the reasonable value of the business, privi a copy of a letter from the Secretary of the Interior submitting lege, or franchise that they are issued to represent the an estimate of appropriation for book stacks in the Patent value of, and for other purposes; to the Committee on the Ju- Office (H. Doc. No. 1358); to the Committee on Appropriations diciary. - and ordered to be printed. . By Mr. MOORE of Pennsylvania: A bill (H. R. 32536) to 4. A letter from the chairman of the Interstate Commerce celebrate the completion of the Panama Canal by the estab Commission, transmitting a statement as to the cost of building lishment of a permanent memorial to commerce and industry; and maintaining post-office cars (S. Doc. No. 810); to the Com to the Committee on Indush·ial Arts and Expositions. mittee on the Post Office and Post Roads and ordered to be Also, a bill ( H. R. 32537) to extend the limit of cost of the printed. immigration station, Philadelphia, Pa.; to the Committee on 5. A letter from the Secretary of War, transmitting reports Public Buildings and Grom:~ds. of useless papers on the files of certain bureaus of his depart By Mr. HULL of Tennessee: Resolution (H. Res. 951) for the ment (H. Doc. No. 1359); to the Joint Select Committee on relief of Elizabeth Welch; to the Committee on Accounts. Disposition of Useless Papers and ordered to be printed. By Mr. GARDNER of New Jersey: Resolution (H. Res. 952) authorizing payment to Charles S. Reed for extra services; to the Committee on Accounts. · REPORTS OF COMMITTEES ON PUBLIC BILLS AND By l\Ir. l\IOON of Pennsylvania: Joint resolution (H. J. Res. RESOLUTIONS. 281) to create a joint committee to continue the consideration of the revision and codification of the laws of the United States; Under clause 2 of Rule XIII, to the Committee on Revision of the Laws. Mr. HOBSON, from the Committee on Naval Affairs, to which By l\Ir. WILEY: Joint resolution (H. J. Res. 282) to investi was referred the bill of the House (H. R. 32478) to establish a gate the causes of the explosion at Communipa w, N. J., and to council of national defense, reported the same without amend report the results of such investigation, with recommendations ment, accompanied by a report (No. 2078), which said bill and regarding such legislation as will tend to prevent a recur report were referred to the Committee of the Whole House on rence of same; to the Committee on Interstate and Foreign Com the state of the Union. merce. ADVERSE REPORT. PRIVATE BILLS AND RESOLUTIONS. Under clause 2 of Rule XIII, Mr. KENDALL, from the Committee on Indian Affairs, to Under clause 1 of Rule XXII, private bills and resolutions which was referred the bill of the House (H. R. 23243) for the were introduced and severally referred as follows: relief of Frank J. Boudinot, reported the same adversely, accom By Mr. ANDERSON: A bill (H. R. 32538) granting an in panied by a report (No. 2077), which said bill and report were crease of pension to Joseph Steible; to the Committee on Invalid laid on the table. Pensions. Also, a bill (H. R. 32539) granting an increase of pension to Matthew Pork; to the Committee on Invalid Pensions. CHANGE OF REFERENCE. By Mr. BEALL of Texas: A bill (H. R. 32540) for the relief Under clause 2 of Rule XXII, committees were discharged of the heirs of Josiah Hendricks; to the Committee on War from the consideration of the following bills, which were re Claims. f erred as follows : By Mr. BURLEIGH: A bill (H. R. 32541) granting an in A bill ( H. R. 32054) granting an increase of pension to Rob crease of pension to George Phillips; to the Committee on In ert Henderson; Committee on Invalid Pensions discharged, and valid Pensions. referred to the Committee on Pensions. By Mr. BURNETT: A bill (H. R. 32542) granting an increase A bill ( H. R. 31681) granting a pension to Hannah Ellis ; of pension to Francis M. England; to the Committee on Invalid Committee on Invalid Pensions discharged, and referred to the Pensions. dommittee on Pensions. By Mr. BYRNS: A bill (H. R. 32543) for the relief of the A bill (H. R. 32507) granting an increase of pension to Ade heirs of Jackson & Adams; to the Committee on War Claims. line L. Dalton; Committee on Invalid Pensions discharged, and Also, a bill (H. R. 32544) for the relief of the estate of referred to the Committee on Pensions. Samuel McClannaha.n; to the Committee on War Claims. A bill (H. R. 11538) granting a pension to Persis A. Gowen; By Mr. CALDER: A bill (H. R. 32545) for the relief of. Committee on Pensions discharged, and referred to the Com Gregory Bennett; to the Committee on Interstate and Foreign mittee on Invalid Pensions. Commerce. 2034 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 6, By l\Ir. DAWSON: A bill (H. R. 32546) for the relief of By Mr. BEALL of Texas: Papers to accompany bills for relief Charles Christian Melchert; to the Committee on Military of J. H. Hendricks and heirs of Zachariah Leatherman; to the Affairs. · Committee on War Claims. Also, a bill (H. R. 32547) granting a pension to Julia M. By Mr. BURKE of South Dakota: Petition of citizens of Ashby ; to the Committee on Pensions. South Dakota, for parcels-post legislation; to the Committee on By Mr. ELLIS: A bill (H. R. 32548) granting an increase of the Post Office and Post Roads. - pension to William Steadman; to the Committee on Invalid By Mr. BURJ\TETT: Petition of Savannah Council· Golden Pensions. Rule Council, No. 5; Dunkirk Council, No. 14; and' Monroe By Mr. ENGLEBRIGHT: A bill (H. R. 32549) to correct the Council, No. 15, Junior Order United American Mechanics .for military record of William C. B. Gillman ; to the Committee on House bill 15413; to the Committee on Immigration and Natu Military Affairs. ralization. By l\Ir. FITZGERALD: A bill (H. R. 32550) granting an in By Mr. BUTLER: Petition of Washington Camp No. 504, crease of pension to John McCarthy, alias George Thompson; of Berwyn, and Washington Camp No. 656, of Phoenixville, of to the Committee on Invalid Pensions. Patriotic Order Sons of America, in the State of Pennsylvania A!so, a bill (H. R. 32551) granting an increase of pension to for the immediate enactment of House bill 15413; to the Com~ Joseph J. Morrison; to the Committee on Invalid Pensions. mittee on Immigration and Naturalization. By Mr. HELM: A bill (H. Il. 32552) granting an·increase of By Mr. BYRNS : Papers to accompany bills for relief of heirs pension to Robert B. Davis; to the Committee on Pensions. of Jackson & Adams and estate of Samuel l\fcClannahan · to the By l\Ir. LAFE.AN: A bill (H. R. 32553) granting an increase Committee on War Claims. ' of Pension to Emanuel Smith; to the Committee· on Invalid By Mr. CARY : Petition of convention of railway mail clerks Pensions. of the Northwest, at St. Paul, Minn., for increase of salaries By l\Ir. MASSEY: A bill (H. R. 32554) granting an increase for railway mail clerks; to the Committee on the Post Office and of pension to Henry Lethco; to the Committee on Invalid Poast Roads. Pensions. By Mr. MOORE of Pennsylvania: A bill (H. R. 32555) grant By Mr. CALDER: Petition of the People's Institute, protest ing an increase of pension to William Swartz; to the Committee ing against . discrimination by the Russian Government of on Invalid Pensions. · Jewish citizens of the United States; to the Committee on Also, a bill (H. R. 32556) granting an increase of pension to Foreign Affairs. William A. Young; to the -Oommittee on Im·alid Pensions. By l\Ir. COOPER of Pennsylvania: Petition of Washington By l\Ir. OLMSTED: A bill (H. R. 32557) for the relief of Camp No. 752, Patriotic Order Sons of America, of Horners John C. Colwell; to the Committee on Naval Affairs. ville, Pa., asking Congress to promote stringent immigration By ~Ir. PARSONS: A bill (H. R. 32558) for the relief of laws; to the Committee on Foreign Affairs. "illiam H. Warren; to the Committee on :Military Affairs. By Mr. COX of Ohio: Petition of citizens of Ohio, ·for build Also, a bill ( H. n.. 32559) for the relief of Francis Tuite ; to ing battleship New Yorli: in a Government navy yard; to the the Committee on Military Affairs. Committee on Naval Affairs. Also, a bill (H. R. 32560) for the relief of Andrew Govan; Also, petition of 1\Iiami Valley Council, No. 30, Daughters of to the Committee on Military Affairs. -America, of Middletown, Ohio, for the illiteracy clause of im By Mr. PAYNE: A bill (H. R. 32561) granting a pension to migration bill; to the Committee on Immigration and Natmali l\Iary L. Kibler; to the Committee on Invalid Pensions. zation. By Mr. PRATT: A bill (H. R. 32562) granting an increase Also, petition of International l\Iolders' Union, No. 283, for of pension to Isaac H. Ball; to the Committee on Invalid repeal of oleomargarine tax; to the Committee on Agriculture. Pensions. Also, petition of citizens of third congressional district of By Mr. RAUCH: A bill (H. R. 32563) granting a pension to Ohio, for extension of the parcels-post system, etc.; to the Com Edward F. Baker; to the Committee on Pensions. mittee on the Post Office and Post Roads. By l\Ir. SHEFFIELD: A bill (H. R. 32564) granting an in By l\Ir. DICKINSON: Petition of Local Union No. 12974, crease of pension to Lydia A. Randall; to the Committee on American Federation of Labor, for House bill 15413 ; to the Com In valid Pensions. mittee on Immigration and Naturalization. By l\fr. SNAPP: A bill (H. R. 32565) granting an increase Also, petition of H. Cunningham :md 19 other citizens of of pension to John Chamberlain; to the Committee on Invalid Belton, Mo., against extension of parcels-post service; to the Pensions. Committee on the Post Office and Post Roads. · By l\Ir. STEPHENS of Texas: A bill (H. R. 32566) grant By l\fr. DODDS: Petition of Elk Lake Grange, of Grand ing a pension to Mrs. W. J. Chrisman and her three minor Traverse, favoring extension of parcels post ; to the Committee children; to the Committee on Pensions. on the Post Office and Post Roads. By Mr. SULLOWAY: A bill (H. R. 32567) granting an in By Mr. ELLIS : Petition of D. D. Defenbaugh and five others, crease of pension to Chase J. Wentworth; to the Committee on of Denio, Oreg., protesting against the parcels-post bill; to the Invalid Pensions. Committee on the Post Office and rost Roads. By l\Ir. WICKLIFFE: A bill (H. R. 32568) granting an in By Mr. ENGLEBRIGHT: Petition of Los Angeles Chamber crease of pension to Willard W. Mitchell; to the Committee on of Commerce, for prompt action to provide for use of Alaska Pensions. coal; to the Committee on the Territories. . By Mr. YOUNG of Michigan: A bill (H. R. 32569) granting Also, petition of Los Angeles Chamber of Commerce, for S. an increase of pension to John Jones; to the Committee on 1053 and H. R. 6862, regarding consular senice ; to the Com Invalid Pensions. mittee on Foreign Affairs. Also, petition of citizens of Humboldt County, Cal., against a local rural parcels post; to the Committee on the Post Office and PETITIONS, ETC. Post Roads. Under clause 1 of Rule XXII, petitions and papers were laid By Mr. ESCH: Petition of citizens of Wisconsin, for building on the Clerk's desk and referred as follows : the battleship New Yorl;, in Government navy yard; to the By Mr. ALEXANDER of New York: Petition of Chamber of Committee on Naval Affairs. Commerce and Manufacturers' Club, of Buffalo, N. Y., for Also, petition of convention of railway postal clerks, for raise Canadian reciproc~ty; to the Committee on Ways and of salaries of railway postal clerks; to the Committee on the Menns. Post Office and Post Roads. By l\fr. ANSBERRY: Petition of J. A. & J. s. Metzner, of Also, petition of L. H. Geske and others, against suspension Tokio, Ohio, protesting against enactment into law by Congress of the duty on barley; to the Committee on Ways and Means. of the parcels-post recommendation; to the Committee on the Also, petition of farmers of Wisconsin, against removal of Post Office and Post Roads. duty on barley; to the Committee on Ways and Means. • By 1\fr. .ANTHONY : Petition of citizens of Effingham, Kans., By Mr. FITZGERALD: Petition of Chamber of Commerce of against H. R. 27320; to the Committee on the Territories. New York and New York Merchants' Exchange, for Canadian By Mr. ASHBROOK: Petition of Sandyville Valley (Ohio) reciprocity; to the Committee on Ways and Means. Council, Junior Order United American Mechanics, of Elkins, Also, petition of the Wyckoff Heights Taxpayers' Association W. Va., for House bill 15413; to the Committee on Immigration of Brooklyn, N. Y., for building battleship New York il~ and Naturalization. the Brooklyn navy yard; to the Committee on Naval Also, petition of farmers on Rural Delivery No. 1, New Comers Affairs. town, Ohio, favoring extension of the parcels post; to the Com A~so, petition of Ne~ York State Federation of Labor, repre mittee on the Post Office and Post Roads. sentmg 450,000 workmg people, for the eight-hour law for 1911. CONGRESSIONAL RECORD-HOUSE. na•al \essels built by contract; to the Committee on Naval. them to their homes again; to the Committee on Military Affairs. Affairs. .A.lso, petition of the People's Institute, favoring all proper Also, paper to accompany bill for relief of Emanuel Smith; to methods to end persecution of the Jews in Russia; to the Com the Committee on ln•alid Pensions. mittee on Foreign Affairs. By l\fr. LEVER: Paper to accompany bill for relief of Sin Also, petition of Walla Walla Trades and Labor Council, clair R. Boone; to the Committee on Pensions. relative to abandonment of Fort Walla Walla; to the Com By .Mr. LAW: Petition of Gen. Wayne, favoring restriction mittee on the Public Lnds. of immigration; to the Committee on Immigration and Natural By Mr. FORNES : Petition of 1\Iercantile Exchange of New ization. York, favoring Canadian reciprocity; to the Committee on Ways By Mr. McCREDIE: Petition of Tacoma Commercial Club, and Means. for appropriation for improyement of Rainier National Park; to Also, petition of W. Verbeck, adjutant general of the State of the Committee on the Public Lands. New York, favoring bill for Federal payment of the Organized Also, petition of Washington State Federation of Labor, for the l\Iilitia; to the Committee on Militia. illiteracy test in immigration law; to the Committee on Immi Dy Mr. FULLER: Petition of D. Heenan and others, of gration and Naturalization. Sh'eator, Ill., against a parcels-post law; to the Committee on Also, petition of residents of Washington, favoring continuous the Post Office and Post Roads. construction of irrigation plants of Yakima project; t o the Also, petition of Winnebago County (Ill.) Farmers' Institute, Committee on Irrigation of Arid Lands. favoring a parcels post; to the Committee on the Post Office and Also, petition of Local Union No. 62, Farmers' Educational Post Roads. Union of America, of Wilsoncreek, Wash., favoring exte:ision Also, petition of the International Paper Co., of New York, of the parcels post; to the Committee on the Post Office and against th(} paper and pulp provisions of the Canadian reciproc Post Roads. ity treaty; to the Committee on Ways and Means. Also, petition of Washington senate and house joint resolu By l\Ir. GARNER : Petition of E. Vorpahl and other farmers, tion No. 2, for restriction of immigration; to the Committee for legislation in the farmers' interest per the Scott bill; to the on Immigration and Naturalization. Committee on Agriculture. By Mr. McDERMOTT: Petition of Washington Camp :Xo. 9, By Mr. GOULDEN: Petition of citizens of New York, favor PatTiotic Order Sons of America, of Chicago, in behalf· of the ing construction of battleship New York at Government navy bill. H. R. 15413, to amend the immigration act; to the Commit yard; to the Committee on Naval Affairs. . tee on Immigration and Naturalization. By Mr. HAYES: Joint resolution of California Legislature, By l\Ir. l\IcHENRY: Petitions of Washington Camp No. 323, for appropriation for continuance of construction of all ap of Pillow, and Washington Camp No. 622, Patriotic Order Sons proved units of the Yakima project; to the Committee on lrri of America, of Northumberland, in the State of Pennsyl•ania, ga tion of Arid Lands. for House bill 15413; to the Committee on Immigration and Also, petition of Local Union No. 483, United Brotherhood of Naturalization. Carpenters and Joiners of America, of San Francisco, Cal., in By Mr. l\fcMORRA.N: Petitions of David C. l\IcElroy and 25 sisting that the battleship New Yorlv be built in a Government others, of St. Clair; Mrs. L. A. Heidemann, of Caro Woman's navy yard; to the Committee on Na•al Affairs. Christian Temperance Union, of Caro; .Mrs. L. M. Dodge, of By Mr. HANNA: Petition of citizens of North Dakota living Capac Woman's Christian Temperance Union, of Capac; ::\lar on rural postal routes, for H. R. 26791, the Hanna bill ; to the garet I. Tailor, of Lapeer Woman's Christian Temperance Committee on the Post Office and Post Roads. Union, of Lapeer; and W. W. Carle, of Marlette, all of the Also, petition of citizens of North Dakota, against a parcels State of Michigan, favoring the Miller-Curtis bill; to the Com post law ; to the Committee on the Post Office and Post mittee on the Judiciary. Roads. By Mr. l\IAGUIRE of Nebraska: Petitions of business men of By Mr. HILL: Memorial of Harmony Council, ·Junior Order Brock, Yerdon, Tecumseh, and Falls City, in the State of Ne United American Mechanics, of Bridgeport, Conn., for re braska, against extension of the parcels post; to the Committee striction of rindesirable immigration; to the Committee on Im on the Post Office and Post Roads. migration and Naturalization. Also, petition of Farmers' Congress of Nebraska, for exten Also, petition of Leroy Adams and others, of Norwalk, Conn., sion of parcels-post system; to the Committee on the Post Office for construction of battleship New York in the Brooklyn Navy and Post Roads. Yard; to the Committee on Naval Affairs. By Mr. HOWELL of Utah: Petition_of Lee & Evans, of Salt By Mr. l\IOORE of Pennsylrnnia: Petitions of Dalton Council, Lake City; William C. Price, of Center; W. J. Raddon, of Park No. 942; John Il. Martin Cotmcil; and Council No. 973, Junior City; and David Ruesch, of Manti, in the State of Utah, against Order United American Mechanics, for restriction of immigra rural parcels post; to the Committee on the Post Office and Post tion, as per House bill 15413; to the Committee on Immigration Roads. and Naturalization. By Mr. HOUSTON: Petition of citizens of Dekalb. County, Also, petition of the American .Assurance Co., for a national Tenn., against extensron of parcels-post service; to the Commit bureau of health; to the Committee on Agriculture. tee on the Post Office and Post Roads. Also, statement to accompany bill to celebrate the completion Also, papers to accompany bills for relief of Cadle Burrell of the Panama Canal by the establishment of a permanent and Henry J. Bess; to the Committee on Invalid Pensions. memorial to commerce and industry; to the Committee on Public By Mr. HUFF: Petition of Branch No. 310, Junior Order Buildings and Grounds. United American Mechanics, of Cokeville, Pa., for House bill Also, petition of Rev. Robert Harkinson, against appropriation 15413; to the Committee on Immigration and Naturaliza of 300,000 acres of land in New Mexico for J. B. Petovel, tion. archbishop of Sante Fe; to the Committee on the Public By Mr. KENNEDY of OHIO : Petition of Kiln Men's Local Lands. Union No. 9, National Brotherhood of Operative Potters, of East By Mr. l\IOON. of Tennessee: Paper to accompany bill for Liverpool, Ohio, for reduction of tax on oleomargarine to 2 cents relief of Malinda Peak (previously referred to Committee on per pound; to the Committee on Ways and .Means. Invalid Pensions) ;. to the Committee on Pensions. Also, petition of Valley Forge Council and William l\IcKinley Also, petition of various organizations, in support of House bill Council, Junior Order United American Mechanics, for restric 15413; to the Committee on Immigration and Naturalization. tion of immigration; to the Committee on Immigration and By l\Ir. OLCOTT: Petition of R. E. Bell and others, against Naturalization. the Peters bill, relative to control over the public schools of By l\Ir. KINKAID of Nebraska: Petition of residents of Washington; to the Committee on the District of Columbia. Arcadia, Page, Alliance, Kearney, and Purdum, in the State By Mr. PEARRE: Petition of Valley Council, No. 26, Lona of Nebraska, against parcels-post legislation; to the Committee coning, Md., favoring the illiteracy test in immigration legisla on the Post Office and Post Roads. tion; to the Committee on Immigration and Naturalization. By Mr. KOPP: Petition of T. H. Runkel and others, of Wis Also, petitions of Garrett Council, No. 55, and Preston Council, consin, against a rural parcels-post system; to the Committee No. 43, Junior Order United American Mechanics, for illiteracy on the Post Office and Post Roads. test in immigration law; to the Committee on Immigration and By l\Ir. LAFEAN: Petition of Corporal Skelly Post, No. 9, of Naturalization. Gettysburg, Pa., for an appropriation to transport all soldiers By Mr. SHEFFIELD : Paper to accompa,ny bill for relief of who participated in the battle of Gettysburg from their homes Margaret Jameson; to the Committee on Invalid Pensions. to that field on the fiftieth anniversary observaion of the great By Mr. SIMMONS : Petitions of Bethany Grange, No. 748, of battle, maintain and shelter them while there, and transport New York, and Charles C. Avery and other farmers o~ Oakfield, t3, 2036._ CONGRESSIONAL RECORD-HOUSE. FEBRUARY ' 1911. N. Y., against reciprocity with. Canada; to the Committee on Pa., in favor of the immediate enactment of the bill (H. R. Ways and Means. 15413) to amend the immigration act; to the Committee on Im- By Mr. SMITH of Texas: Petition of citizens of the six migration and Naturalization. . teenth congressional district of Texas, against a parcels By .Mr. WEBB:· Petition of Ruffin Council, No. 304, for more post system; to the Committee on the Post Office and Post stringent laws relative to immigrants; to the Committee on Im Roads. · migration and Naturalization. By Mr. SMITH of Michigan: Petition of citizens of Michigan, .Also, petition of citizens of North Carolina, against a rural for the enactment of the .Miller-Curtis interstate liquor bill parcels post; to the Committee on the Post Office and Post (II. R. 23641) ; to the Committee on the Judiciary. Roads. By Mr. SULZER: Petition of the Chamber of Commerce of By Mr. WILSON of Pennsylvania : Petition of Homer K. New York, and C. Elias & Bros., of Buft;alo, for reciprocity with Lane and others, against extension of parcels-post system ; to Canada; to the Committee on Ways and Means. the Committee on the Post Office and Post Roads. .Also, petition of Down Town Ethical Society, of New York, Also, petition of Williamsport Trades and Labor Assembly, for the Esch bill (H. R. 3022); to the Committee on Ways and and Washington Camp No. 285, Patriotic Order Sorts of Amer .Means. ica, for House bill 15413; to the Committee on Immigration Also, petition of citizens of New York, for battleship build and Naturalization. ing in Government navy yards; to the Committee on -Na val .Also, petition of A. C. Hopkins and others, for an appropria Affairs. tion of not less than $75,000 for public buildings in the city of By Mr. WANGER: Resolution of Ferndale Council, Junior Lock Haven, Pa.; to the Committee on Public Buildings and Order United American Mechanics, of Ferndale, Bucks County, Grounds. .· E N 3~