5218 OONGRESSIONAL REOORD-SENATE. APRIL 21,
By Mr. HOWELL of New Jersey: Resolution of the Twenty paper, was referred to the Committee on Appropriations and or- saventh District Republican Club, of New York City, urging an dered to be printed. ' amendment of the contract-labor clause of the immigration law LIST OF JUDGMENTS. to the Committee on Immigration and Naturalization. The PRESIDENT pro tempore laid before the Senate a com Als~, resolution of soldiers and sailors of the civil war, of Ocean munication from the_ Secretary of t~e Treasury, transmitting, in County, N.J. against placing a statue of Gen. R. E. Lee in Stat- :·esponse to a resolution of the 16th msta~t, an additional list of • uary Hall-to the Committee on the Library. Judgments rendered by the Com·t of Claims amountingto$4 235.73 By Mr. LAMB: P etition of the Chelf Chemica.I Company in whicp. have been p~·es~nted to t~e Treasury Departmex'tt, and favor of bill H. R. 9302-to the Committee on Ways and Means. reqmre an. appropnation for then· payment; which, with the By Mr. LINDSAY: Petitions of John Decker, Joseph Huchin, accompanymg paper, was referred to the Committee on Appro and Bernard Mintzer, of Brooklyn, N.Y., favoring clause in post priations, and ord~red to be printed. office appropriation bill relative to convict labor___: to the Commit tee on the Post-Office and Post-Roads. MESSAGE FROM THE HOUSE. By Mr. McMORRAN: Petition of citizens of Deb:oit, Mich., A message from the House of Representatives, by Mr. W. J. in favor of the passage of bill H. R. 14620-to the Committee on BROWNING, its Chief Clerk, announced that the House had passed the Merchant Marine and Fisheries. the following bills: By Mr. MARTIN: Petition of N. A. Swickard and 41 others, of A bill (S. 2816) to amend section 3095 of the Revised Statutes Canton, S. Dak., in favor of the Hepburn-Dolliver bill-to the of the United States, relating to manner of importation· Committee on the Judiciary. - A bill (S. 4375) ~ amend s.ection 24 of the act approv~d Decem By Mr. :MORRELL: Petition of the International Brotherhood ber 21, 1898, entitled "An act to amend the laws relating to of Steam Shovel Dredge Firemen, Deck Hands, and Scowmen, of American seamen, for the protection of such seamen, and to pro Chicago, lll., against the United States Government constructing mote commerce;" and steam dredges. etc.-t.o the Committee on Rivers and Harbors. A bill (S. 5454) permitting the Ozark and Cherokee Central Also, resolutions of the Catholic Total Abstinence Union and Railroad Company and the Arkansas Valley and Western Rail Division No. 16, Ancient Order of Hibernians, of Philadelphia, war Go~pany, and each or either of them, to sell and convey Pa., in favor of bill for erection of a monument to the memory of therr rap.roads and othe:: prope!tY in the Indian Territory to the Commodore John Barry-to the Committee on the Library.· St. Lams and San FranciSco Railroad Company or to the GhicaO'o By Mr. PAYNE: Petition of Timothy G. Darling and 27 others, Rock Island and Pacific Railway Company, and for other purpo~s: of Auburn, N.Y., in favor of the Hepburn-Dolliver bill-to the The message also announced that the House had agreed to the Committee on the Judiciary. amen?-ment of ~h~ Senate to the bp.l (H. R ..11963) regulating the By Mr. REID: Petition of G. H. Cunningham and 12 others, of practice of mediCme and surgery m the Indian Territory. Moulton, Ark., in favor of the Hepburn-Dolliver bill-to the Com The :nessa;ge ~ther .ann~mnced that the House had passed the mittee on the Judiciary. followmg bills; m which It requested the concurrence of the By Mr. RICHARDSON of Alabama: Petition of S. P. Johnson Senate: and others, of New Decatur, Ala., in favor of the Hepburn-Dol A bill (H. R. 875) for the relief of Harry C. Mix· liver bill-to the Committee on the Judiciary. A bill (H. R. 7262) to provide for the allotme~t of lands in By Mr. ROBINSON of Arkansas: Petition of W. B. Alexander severalty to Indians in the State of New York and extend pro and others, of Pine Bluff, Ark., against the passage of a parcels tection of the laws of the United States and of 'the State of New post bill-to the Committee on the Post-Office and Post-Roads. York over them; to provide for the sale of lands now leased in By Mr. STEPHENS of Texas: Papers to accompany bill H. R. perpetuity, and to provide for disposition of the so-called'; Ogden 5383, granting an increase of pension -to Samuel Shafer-to the claim·'' Committee on Invalid Pensions. A bin (H. R. 8690) to amend the law relating to taxation in the Also, papers to accompany bill H. R. 707, for the relief of W. R. District of Columbia; McGuire-to the Committee on War Claims. A bill (H. R. 13298) to amend section 2327 of the Revised By Mr. VREELAND: Petition of the 1\I. M. Fenner Medicine Statu~s of the United States, relating to land; Company, of Fredonia, N.Y., in favor of the passage of bill A bill (H. R. 14467) to amend chapter 508 of the United States H. R. 9302-to the Committee on Ways and Means. , S_tatu~s at Large, volu:ne 32, Part I_, Fifty-seventh Congress, en titled An act to estabhsh and proVIde for a clerk for the circuit Also, petitions ?f Isaac M. ~ongworthy and.$.... J. Armstmng, of Alfred, N. Y., m favor of bill H. R. 9313-to the Committee andd district courts of the United States held at Wilmington, N. C.; an on Invalid Pensions. A bill (H. R. 15014) to enable the Secretary of War to permit the erection of a lock and dam in aid of navigation in the Tennes SENATE. see River, near Chattanooga, Tenn., and for other purposes. THUR-SDAY, .A-Jn··il21, 1901,. ENROLLED BILLS SIGNED. The message also announced that the Speaker of the House bad Prayer by the Chaplain, Rev. EDw.A.RD EvERETT HALE. signed the following enrolled bills; and they were thereupon signed The Secretary proceeded to read the Journal of yesterday's pro by the President pro tempore: ceedings, when, on the request of Mr. NELSON, and by unanimous A bill (H. R. 7634) to establish a life-saving station in Sussex consent. the further reading was dispensed with. County, State of Delaware; The PRESIDENT pro tempore. The Journal will stand ap A bill (H. R. 8878) to extend the provisions of the act of Janu proved, if there be no objection. ary 21, 1903, to the Osage Reservation, in Oklahoma Territory EASTERN RAILROAD AND BOSTON AND MAINE RAILROAD. and for other purposes; ' The PRESIDENT pro tempore laid before the Senate a commu . A bill (H. ~· 96~8) to amend the first section of an act provid nication from the Secretary of the Treasm·y, transmitting, in mg that t~e crrcmt court of appeals for the fifth judicial circuit response to a resolution of March 3, 1903, a report from the Com of the Umted States shall hold at least one term of said court missioner of Internal Revenue relative to the amounts paid as annually in the cHy of Montgomery, in the State of Alabama · taxes by the Eastern Railroad Company and the Boston and Maine approved.January 30, 1903; ' Raih'oad in excess of the amount legally due under the acts of . A bill ~H. R. 1041.8) to ratify and amend an agreement with the Cong1·ess; which, on motion of Mr. LODGE, was, with the accom S1oux tnbe of Indians of the Rosebud Reservation in South Da panying paper, ordered to lie on the table, and be printed. kota, and making appropriation and provision to carry the same REJECTED OR &USPENDED CL.A.IliS. into effect; The PRESIDENT pro tempore laid before the Senate a commu A bill (H. R. 10891) for thA relief of Julius A. Kaiser nication from the Secretary of the Treasury, transmitting, in A bill (H. R. 11128) to modify and amend an agreen{ent with response to a resolution of the 16th instant, a report from the the Indians of .the Devils Lake Reservation, in North Dakota, to Auditor of the War Department relative to all claims for horses accept and ratify the same as amended, and making appropriation and other property lost in the military service of the United and provision t.o carry the same into effect· States; which, with the accompanying paper, was referred to the A ~ill (H. R. 11968) to incorporate the Washington Sanitary Committee on Appropriations, and ordered to printed. Housmg Company; A bill (H. R.12147) to amend chapter 749, second session Fifty :ESTATE OF JAMES BOYCE, DECEASED. seven~h Con~ress approved February 23, 1903. being "An act to The PRESIDENT pro tempore laid before the Senate a commu establish Umted States courts at Wilkesboro, N.C.;" nication from the Attorney-General, transmitting, in further re A bill (H. R. 12655) for the relief of John Bremond· sponse to a resolution of the 16th instant, an additional judgment A bill (H. R. 13~09) .a?thorizing the Secre~ary of W~r to trans rendered by the Com·t of Claims in the Indian depredation case fer to the Columbia Military Academy certam property in Maury of Henry W. Boyce, administrator of James Boyce, deceased, not County, Tenn.; heretofore reported to Congress; which, with the accompanying A bill (H. R. 14413) permitting the building of a dam across the
.. 1904. CONGRESSIONAL RECORD-SENATE. 5219
Mississippi River between the counties of Stearns and Benton, in He also presented a petition of the Woman's Club of Bement, the State of Minnesota; ill., praying for the adoption of an amendment to the Constitu A bill (H. R. 14901) to provide for payment of damages on ac tion to prohibit polygamy; which was referred to the COJllmittee count of changes of grade due to construction of the Union sta on the Judiciary. tion, District of Columbia; and Mr. HALE presented a petition of the ';rwentieth Century Club A bill (H. R. 15121) for the extension of Twenty-third street of Patten, Me., praying for an investigation of the charges made from S street to California avenue. and filed -against Hon. REED SMOOT, a Senator from the State of Utah; which was referred to the Committee on Privileges and PETITIOXS AND 'MEMORIALS. Elections. Mr. GALLINGER presented the petition of ElishaM. Kempton, He also presented a petition of the Board of Trade of Rumford of Newport, N.H., praying for an investigation of the charges Falls, Me., praying for the passage of the so-called "good-roads made and filed against Hon. REED SMOOT, a Senator from the State bi11;" which was referred to the Committee on Agriculture and of Utah: which was referred to the Committee on Privileges and Forestry. Elections. He also presented a petition of sundry citizens of Lamoine, Me., He also presented a memorial of the White Swan Mines Com and a petition of sundry citizens of Stonington, Me., praying for pany (Limited), of Concord, N. H., remonstrating against the the passage of the so-called" dogfish-shark bounty bill;" which fraud order issued by the United States authorities against that were referred to the Committee on Fisheries. company restraining them from sending by' mail certain remit Mr. QUARLES presented the petition of Isabella Beecher tances for balance of amounts owed by them on subscriptions for Hooker, Lucius F. C. Garvin, Olympia Brown, William Canfield stock; which was referred to the Committee on Post-Offices and Lee, Clara Bewick Colby, Clara W. McNaughton, and 912 other Post-Roads. citizens of the United States, praying for the enactment of legis He also presented memorials of sundry citizens of College View, lation to enable women citi.zens of the United States having cer Nebr.; of Rome and New York City, in the State of New York; tain qualifications to vote for Members of the House of Repre 6f Grand Rapids, Mich.; of Minneapolis, Minn.; of Baltimore, sentatives; which was referred to the Select Committee on Wo Md.; of Alexandria, Va., and of Washington, D. C., remonstrating man Suffrage. against the enactment of legislation requiring certain places of Mr. SPOONER presented a memorial of sundry citizens of Mil business in the District of Columbia to . be closed on Sunday; waukee, Wis., remonstrating against the passage of the so-called which were referred to the Committee on the District of Columbia. "eight-hour bill;" which was referred to the Committee on Edu Mr. F AIRB~KS presented a petition of Lincoln Relief Corps, cation and Labor. No. 249, of New Albany, Ind., praying for the enactment of a He also presented a petition of Harrison Post, No. 91, Depart service-pension law; which was referred to the Committee on ment of Wisconsin, Grand Army of the Republic, of Depere, Pensions. Wis., praying for the enactment of a service-pension law; which Mr. FOSTER of Washington presented a petition M Long Pine was referred to the Committee on Pensions. Lodge, No. 107, Brotherhood of Boiler Makers and Iron-ship Build REPORTS OF COMMITTEES. ers, of Hillyard, Wash., praying for the enactment of legislation to develop the American merchant marine; which was referred :Mr. BARD, from the Committee on Public Lands, to whom was to the Committee on Commerce. referred the bill (S. 5567) to exclude from the Yosemite National He aL
agreement, upon such terms and conditions as shall be prescribed by the lULLS INTRODUCED. Secretary of War npon hearing the allegations and proofs of the parties in interest. Mr. BEVERIDGE introduced a bill (S. 5606) to amend section In section 3. on page 3, line 18, after the word "fifty" and be 6 of ''An act to authorize the construction of a bridge by theNew fore the word" feet.'' to strike out" five;" and in line 19, after York, Chicago and St. Louis Railroad Company and the Chicago the word "above," to strike out the word" mean;" so as to make and Erie Railroad Company across the Calumet River at or near the bill read: · the city of Hammond, Ind., at a point about 1,200 feet east of the Be it enacted, etc., That the Lexington Suburban Railwar Company, dnly Indiana and illinois State line and abont 100 feet east of the loca incorporated under the laws of Missouri, is hereby authoriZed to construct tion of the present bridge of the New York. Chicago and St. and maintain a. bridge, and approaches thereto, across the Missouri River, Louis Railroad Company across said river; also to authorize the between the city of Lexington, Mo., and Ray County, Mo., at a. point to be selected consistent with the interests of navigation. Said bridae shall be construction of a bridge by the Chicago and State Line Railroad constructed to provide for the passage of wagons and vehicles of all kinds, Company across said river at the point where said company's street-railway cars, electric motors, railway cars
First. What classes of goodsmannfa.ctnred in the United States have, dur the bill should pass, it not being designed, I understand, to con Ing the year ending December 31.1~. been sold or offered for sale in foreign countries, or for export to foreign countries, by the manufacturers thereof, fer any power in the States. or through their representatives or agents. at price3 less than the same :Mr. FAIRBANKS. None whate-ver. · classes of goods were during the same period sold m the United States by the Mr. BACON. I was sure that was not the reason, but I thought manufacturers thereof, or through their representati"\"es or ag-ents: the said report, while including so far as practicable all classes of goods so manufac it better that the bill should not pass without this statement, be tured and sold, to have special reference to manufactures of iron and steel cause otherwise it might be taken as a precedent. and other metals. of glass and crockery, textile goods and the manufactures The bill was reported to the Senate without amendment. ordered thereof, boots, shoes. and other manufactures of leather, hats and caps and other wearing apJP.rel, household and kitchen utensils and wares, hou..qehold to be engrossed for a third reading, read the third time, and passed. and kitchen furruture, sewing machines, vehicles of all kinds, farm imple ESTATE OF SVEN J. JOHNSON. ments and farm machinery and other machinery of all kinds, cutlery and tools of all kinds, watches, jewelry, and other articles for ho~lloh.t anu per Mr. CULLOM. I ask leave to call up the bill (H. R. 2009) for sonal use, comfort, or adornment; and the said report to give the compara the relief of the estate of Sven J. Johnson. tive prices in &'\id sales separately for each of the said classes of goods, and the fore gn countries in which or for export to which said sales were made. The Secretary read the bill: and by unanimous consent the Second. What, separately stated as to each cl.Btss of goods, was the general Senate, as in Committee of the Whole. proceeded to its consider:.. average during the said period of the said comvarative prices in sales in the ation. It directs the Secretary of the Treasury to issue duplicates United States and in the several foreign conntnes. Third. If dru·ingthe said period, the said comparative prices in any in to the legal representative of Sven J. Johnson, also known as stances fluctuated materially from said average, then stated separately, what John Johnson, in lieu of United States 4 per cent registered were, in such instances, the comparative prices in said sales, m the several bonds. funded loan of 1907, Nos. 45369, 45370, 45372. 45373. for classes of goods emb1·aced in such instances, at different periods in the year when said fluctuations occurred. 100 each, inscribed in the name of John Johnson, and alleged to The Secretary of Commerce and Labor is further directed to make said have been stolen after having been assigned in blank. - reports as soon as practicable, and if, when the same shall be completed, the The bill was reported to the Senate without amendment, ordered Senate shall not be then in session, he is hereby directed to fl.le same with the Secretary of the Senate, and there shall thereupon be copies of said re to a _third reading, read the third time, and passed. ports immediately printed for the use of the Senate. PRESIDENTIAL APPROVALS. The PRESIDENT pro tempore. The amendment will lie on A message from the President .of the Umted States, by Mr. B.-F. the table and be printed. BARNES, one of his secretaries, announced that the President had LAST SPEECH OF THE LATE PRESIDENT M'KINLEY. on the 15th instant approved and signed the following acts and joint resolution: Mr. FAIRBANKS. I ask an order for printing 5.000 extra An act (S. 2259) to regulate shipping in trade between ports of copies of Senate Document No. 268, Fifty-eighth Congress, being the United St tes and ports or places in the Philippine Archi the last speech of President McKinley, delivered at Buffalo, Sep pelago, between ports or places in the Philippine Archipelago, tember fl , 1901. The demand for the speech is very large and the and for other purposes; copies authorized are insufficient to meet it. · An act (S. 5438) making an appropriation to supply a deficiency The PRESIDENT pro tempore. Has the Senator any idea of in the contingent fund of the United States Senate: and the cost? A joint resolution (S. R. 9) authorizing the issue of duplicate Mr. FAIRBANKS. I understand that it is comparatively only medals where the originals have been lo~ t or de troyed. . a small sum. _ The message also announced that the President of the United The PRESIDENT pro tempore. Less than $500? States had on the 16th instant approved and signed the following Mr. FAIRBANKS. Considerably less than $500. acts: There being no objection the order was agreed to, as follows; An act (S. 94) granting a pension to Alvin Rine; OJ·dered, That there be printed for the nse of the Senate 5,000 extra. copies An act (S. 1310) granting a pension to Ella C. Tupper; of Senate Document No. 2t>tl, Fifty-eighth Congress, second session, being the last speech of President McKinley, delivered at Buffalo, September 5, 1901. An act (S. 2458) granting a pension to John H. Oney; An act {S. 3986) granting a pension to Cynthia Speaks; THOMAS J. CAMPTON. An act (S. 4001) granting a pension to Benjamin A. Provoost; Mr. PERKINS submitted the following resolution: which was An act (S. 4381) granting a pension to Mar y P. Wilson: considered by unanimous consent, and agreed to: An act {S. 4759) granting a pension to John M. Manlove; _ Resolved, That the Secretary be directed to request the House of Repre An act (S. 10) granting an increase of pension to Albert H. sentatives to return to the Senate the bill c H. R. ll1l46) granting an incr£>ase Taft; of pension to Thomas J. Campton, the beneficiary of the said bill having died. An act (S. 208) granting an increase of pension to Alfred Kent; GENERAL FEDERATION OF WOMEN'S CLUBS. An act (S. 320) granting an increase of pension to Hiram W. The PRESIDENT pro tempore. There is a bill on the table in White; troduced by the Senator from Indiana [Mr. F AIRBA.NKS] day before An act (S. 329) granting an increase of pension to Bushnell B. yesterday, which was read once. Loomis; Mr. FAIRBANKS. I ask that it be read the second time, and An act (S. 725) granting an incre01.se of pe.::1S:on to A:nanda L. I ask also for its present consideration. It is a very brief amend- Mardin: ment, to which there is no objection,· I presume. • An act (S. 1478) granting an increase of pe::1s-ion to Leroy R. The bill (S. 5583) to amentl an act entitled · •An act granting a Hawthorne; charter to the General Federation of Women's Clubs," approved . An act (S. 1570) granting an increase of pension to Jasper Rob March 3, 190 t, was read the second time by its title. mEon· The PRESIDENT pro tempore. The Senator from Indiana An act (S. 1572) granting an bcrease of p:!n ion to Isaac N. asks that the bill may be now considered. It will be read. Hughey; The Secretary read the bill: and by unanimous consent the Sen An act (S. 1618) granting an increase of nension to Thomas ate, as in Committee of the Whole, proceeded to its consideration. HErran; _ ~ - It proposes to amend the act approved March 3, 1903, by adding An a-ct (S. 1989) granting an increas9 of pension to John thereto one section, to be designated as section 4, which will read McCabe: as follows: An act (S. 2030) granting an increase of pension to Elias L. SEC.{. That said corporation be, and it is hereby, authorized to hold its Fidler; biennial meetings at such places outside of Washington, in the District of An act (S. 2046) granting an increase of pension to William G. Columbia, as it from time to time IruJ.y deem best. Scott; Mr. BACON. May I ask the Senator a question? I do not An act (S. 2124) granting an increase of pen ~ ion to David W. know whether I caught the phraseology aright. The bill limits Johns: the meeting to the District of Columbia, but authorizes it outside An act (S. 2248) granting an increase of pension to Frederick the city. Is that it? Sommers; Mr. FAIRBANKS. Their biennial meetings are held in differ An act (S. 2252) granting an increase of pension to David ent cities throughout the United States. Under the charter as it Inches; was enacted by Congress the opinion prevails that they are for · An act (S. 2423) granting an increase of pension to Benson C. bidden from holding their biennial mee~ings in different cities Bellamy; throughout the country. This amendment simply makes that An act (S. 2645) granting an increase of pension to La Roy B. clear, giving them the authority to do so. Church; Mr. BACON. I have no objection. of course, to the bill, be An act (S. 2711) granting an increase of pension to FannieS. '@a.use the character of the organization is such that no harm can Moore: come from it. · · A~ act (S. 3018) gr.1nting an increase of pension to George W. Mr. FAIRBANKS. No. Sullivan; . _ Mr. BACON. But as a principle, it is beyond the power of An act (S .. 3029) granting an increase of pension to Margaret Congress to give any corporate powers in a State. unless it is some French; matter which relates to Federal functions or the public necessi An act tS. 3030) granting an increase of pension to Charles 0. ties of the Government. With that statement I am willing that Fargo;
· ·-1 5222 CONGRESSIONAL RECORD-SENATE. APRIL 21,
An act (S. 3198) granting an increase of pension to Samuel D. Themessagefurtherannounced thatthePresidentof the United Reynolds· States had, on the 18th instant, approved and signed the joint An act (S. 3305) granting an increase of pension to James K. resolution (S. R. 44) as to the provisions of "An act for the relief Deyo; · of certain settlers on the public lands, and to provide for the pay- An act (S. 3308) granting an increase of pension to Jesse C. ment of certain. fees, purchase money, and commission paid on Lott; void entries of public lands," approved June 16, 1880. An act (S. 3327) granting an increase of pension to Isaac N. The message also announced that the President of the United Moor; States had on the 19th instant approved and signed the following An act (S. 3490) granting an increase of pension to Bucklin H. acts: Wood; An act (S. 987) for the relief of certain settlers upon Wisconsin An act (S. 3493) granting an increase of pension to John C. Van Central Railroad and The Dalles military road land grants; and Campen; . An act (S. 1607) granting to the State of Oregon certain lands An act (S. 3561) granting an increase of pension to Anna E. to be used by it for the purpose of maintaining and operating Draper; , thereon a fish hatchery. An act (S. 3778) granting an increase of pension to Joseph L. The message further announced that the President of the United Cotey; States had on the 20th instant approved and signed the following An act (S. 3867) granting an increase of pension to Osmer S. act and joint resolution: Deming; An act (S. 4576) transferring the custody of certain obsolete An act (S. 3956) granting an increase of pension to Patrick ordnance to the city of Boston; and Fleming; · A joint resolution (S. R. 54) to permit :Maj. Thomas W. Symons, An act (S. 3988) granting an increase of pension to John L. Corps of Engineers, to assist the State of New York by acting as Hughes; a member of an advisory board of consulting engineers in connec- An act (S. 4056) granting an increase of pension to George G. tion with the improvement and enlargement of the navigable Wright, alias George Gravett; canals of the State of New York. An act (S. 4192) granting an increase of pension to James H. MARY HEANEY. Whaley; An act (S. 4242) granting an increase of pension to Andrew Mr. McCUMBER submitted the following report: Fi~ict (S 4249) granting an increase of pension to Mary Gil- The committee of conference on the disagreeing vo~s of the . · two Houses on the amendment of the Senate to the bill (H. R. roy, . . . 13850) granting an increase of pension to Mary Heaney, having An ~ct (S. 436 4) grantmg an mcrease of pension to Joshua Me- 'met after full and free conference have agreed to recomm d Cormick . • . . en And act' (S. 4428) granting an increase of pension to Edwin W. an4h~~ ~~~o=~dr~e~eef~~:If~~~=e~J:~~t~s follows: F or ; An act (S. 4487) granting an increase of pension to Aaron M. ~·. ~.~~~:mER, Mason; Mi . ' An act (S. 4496) granting an increase of pension to Harvey anagers on the pa? t of the Senate. Fletcher; W. A. CALDERHEAD, An act (S. 4507) granting an increase of pension to Francis G. · THOMAS W. BRADLEY, Hoffmire; JoHNS. SNOOK, An act (S. 4602) granting an increase of pension to Hiram Managers on the part of the House. Imus; The report was agreed to. An act (S. 4621) granting an increase of pension to George Draper; R:.'IOCH STAHLER. An act (S. 4635) granting an increase of pension to David Mr. McCUMBER submitted the following report: Misener; An act (S. 4670) granting an increase of pension to Thomas H. The committee of conference on the disagreeing votes of the Devine; two Houses on the amendment of the Senate to the bill (H. R. An act (S. 4678) granting an increase of pension to John W. 9256) granting an increase of pension to Enoch Stahler, having Paris; met, after full and free conference have agreed to recommend and An act (S. 4742) granting an increase of pension to Earl B. do recommend to their respective Houses as follows: French: That the House concur in the Senate amendment. An act (S. 4811) granting an increase of pension to Phebe P, J. McCuMBER, Sibley; - N. B. SCOTT, An act (S. 4815) granting an increase of pension to Angeline P. Managers on the pa1·t of the Senate. Root; • W. A. CALDERHEAD, An act (S. 4827) granting an increase of pension to John F. ELIAS DEEMER, Burkholder; R. W. MIERs, An act (S. 4842) granting an increase of pension to Siloam Manage1·s on the part of the House. Williams; An act (S. 4846) granting an increase of pension to John Tay- The report was agreed to. DAVID T. TOWLES. lo1n, act (S. 4891) granting an increase of pension to Elizabeth G. llisley; · Mr. McCUMBER submitted the following report: An act (S. 4920) granting an-increase of pension to Mary Jane The committee of conference on the disagreeing votes of the two Mullins; Houses on the amendment of the Senate to the bill (H. R. 1851) An act (S. 4948) granting an increase of pension to Elijah A. granting an increase of pension to David T. Towles, having met, Pey~n; - after full and free conference have agreed to recommend and do An act (S. 5056) granting an increase of pension to James D. recommend to their respective Houses as follows: Fo~om· - That the House concur in the Senate amendment. An a~t (S. 5112) granting an increase of pension to Kittil P. J. McCUMBER, Torgeson; N. B. SCOTT, An act (S. 5124) granting an increase of pension to Charles H. Manage1·s on the part of the Senate. Avery; An act.(S. 5149) granting an increase of pension to Charles A. HENRY R. GIBSON, McKean; ROBERT w. MIERS, An act (S. 5181) granting an increase of pension to John W. c. A. SULLOWAY, Pearson; . Managers on the pa1·t of the House. An act (S. 5182) granting an increase of pensiOn to Charles B. The report was agreed to. Davis; An act (S. 5208) granting an increase of pension to William A. JOHN WEAVER. Bentley; . Mr. McCUMBER submitted the following report: An act (S. 5211) granting an increase of pension. to Mary A. Hayward; and The committee of conference on the disagreeing votes of the An act (S. 5243) granting an increase of pe118ion to Benjamin two Houses on the amendment of the Senate to the bill (H. R. F. RollS. 8925) granting an increase of pension to John Weaver having met, 1904. CONGRESSIONAL RECORD-SENATE. 5223
after full and free conference have agreed to recommend and do the erection of a lock and dam in aid of nayjgation in the Tennes l'ecommend to their respective Houses as follows: see River near Chattanooga, Tenn., and for other purposes, was That the House concur in the Senate amendment. read twice by its title, and referred t<> the Committee on Com· P. J. McCUMBER, merce. N. B. SCOTT, ESTATE OF WARREN MITCIIELL. Managers on the part of the Senate. Mr. WARREN. I move that the Senate take up the bill (H. R. w. A. CALDERHEAD, 1700) for the relief of the legal representatives of Warren Mitchell, ELIAs DEEMER, deceased. ROBERT W. MIERS, The PRESIDENT pro tempore. The Senator from Wyoming Managers on the part of the House. asks unanimous consent for the present consideration of House The report was agreed 'to. bill1700, which will be read. CARE OF THE IXSANE IN THE DISTRICT OF COLUMBIA.. The Secretary read the bill. Mr. SPOONER. Mr. President, I do not think that bill ought Mr. GALLINGER submitted the following report: to be considered hastily. It is an old acquaintance of mine. The committee of conference on the diEagreeing votes of the When I was chairman of the Committee on Claims a number of two Houses on the amendment of the Senate to the bill (H. R. years ago it was considered, and the claim has been considered a 8692) to authorize the apprehension and detention'of insane per- number of times. I remember making a very elatorate and la sons in the District of Columbia, and providing for their temporary borious ~eport adverse ~ it, and I supposed it had go large in amount and to repeal the authority to build such portion and shall not repeal too important to be put in an omnibus with a lot of others, and the charter of said company; and that any connecting company therefore I consider that it ought to be treated alone. may lease or purchase the portion of said routes which is com I have no remarks to make upon the bill unless debate is pro pleted within the said eighteen months;" and the Senate agree to voked by others. I hope the Senator will let it come to a vote of the same.- the Senate, and I will be content. J. H. GALLINGER, Mr. SPOONER. It can not come to a vote of the Senate in five H. C. HANSBROUGH, minutes. It will be necessary to read the report which was years THOMAS S. MARTIN, ago made on the bill. I then spent a great deal of time on it. I Managers on the part of the Senate. was at first favorably inclined to the bill. It had been reported J. W. BABCOCK, a number of times favorably. But my investigation made it very s. w. SMITH, obvious to me that the bill ought not to pass; and it can not pass ADOLPH MEYER, now without debate, and full debate. Managers on the pa1·t of the House. If there is any new evidence, that is another proposition. I have no objection to the bill being taken up, but it will be debated. The report was agreed to. Mr. WARREN. Mr. President, one word further. I want the HOUSE BILLS REFERRED. attention of the Senate to this mat'cer, so that Senators may un derstand where we are as to this and similar bills. The bill (H. R. 8690) to amend the law relating to taxation in It seems useless to have the Committee on Claims burn up time the District of Columbia was read twice by its title, and referred day after day and the midnight oil night after night and after to the Committee on the District of Columbia. careful, laborious. and painstaking work bring matters in here The bill (H. R. 875) for the 1·elief of Harry C. Mix was read favorably reported for which we can not get consideration. I twice by its title, and 1·efen-ed to the Committee on Claims. care not whether the bill passes or does not pass as may be the The bill (H. R. 7262) to provide for the allotment of lands in sense of the Senate upon it. I should not have pr~sented the bill severalty to Indians in the State of New York, and extend protec here on a favorable 1·eport unless I had given it sufficient study tion of the laws of the United States and of the State of New and sufficient attention to convince me that the bill was equitable York over them, to provide for the sale of lands now leased in and ought to pass. But be that as it may, I am willing to submit perpetuity, and to provide for disposition of the so-called Ogden it to the Senate for a vote. claim. was read twice by its title, and refen-ed to the Committee If we are in the condition the Chair assumes we are in ancl on Indian Affairs. which of course I grant we must be. as the Chair is always cor The bill (H. R. 14467) to amend chapter 508 of the United rect-that a bill of this kind can not be taken up except subject to States Statutes at Large, volume 32, part 1, Fifty-seventh Con objection and for orily five-minute speeches-then of course every r,ress, entitled "An act to establish and provide for a clerk for c~aim against the United States_is subject ~o.thecapricious objec .. he circuit and district courts of the United States held a.t Wil tion of any one Senator. That IS the condition a creditor of the. mington, N. C.," was read twice by its title, and referred to the United States is in if there is the least point of controversy about Committee on the Judiciary. · his claim. If, unfortunately, some one has a claim against the The bill (H. R. 15014) to enable the Secretary of War to permit United States and comes to the Senate for relief, any one man oo- 5224 CONGRESSIONAL RECORD-SENATE~ APRIL 21, enpying a seat in this body as a membel' can prevent even the con appropriated. to ~y ~the legal representatives o! Warren Mitehell, de- . ceased, late ot LouiSville, Ky., the sum of 128,692.22. being proceeds of cap sideration of it. tured property a.nd found to be in the Treasury by the United States Su Mr. ALDRICH. Mr. President-- preme Court. The PRESIDENT pro tempore. The Ohair does not wish to be misunderstood. The Chair would hold that bills taken up before Mr. MONEY. I should like to ask for information, Is this one 2 o'clock are subject to objection, and that they are to be debated of the so-called " cotton claims?" under Rule VIII. But if an objection is made and then a motion Mr. ALDRICH. Yes. f! made to proceed to its consideration notwithstanding the objec Mr_. ~ ARREN. I will say to the Senator from Mississippi tion, and that motion preva.ils. it-is not under Rule Vlll. that 1t 1B not one of the so-called " cotton claims " in the sense he Mr. ALDRICH. Mr. President, just a word as to the ordel' of perhaps considers it, with reference to other cotton-claims bills. business in the Senate. We are approa-ching the end of this ses Mr. MONEY. If the Chair will bear with me for a minute I sion. There are two general appropriation bills now before the should like to ask the chairman of the committee if this is a claim Senate awaiting action. It seems to me that it should be the for the proceeds of cotton captured under the act of March 13 policy of the Senate- 1863, called the" captured and abandoned property act?"' ' .Mr. BERRY. There are three, I will state to the Senate. Mr. WARREN. It is for the payment of cotton which the There is the river and harbor bill. books of the Treasury show was taken from this man Mitchell Mr. ALDRICH. There are three now awaiting action. It particularly, and for whi~h the Government received one hun: seems to me the Senate should proceed with the public business dred and twenty-odd thousand dollars in gold. first and pass the appropriation bills which are now pending. Mr. ALDRICH. Mr. President~ I think I shall have to object There certainly will be ample opportunity for any bill that re to the consideration of the merits of the bill. ceives the approval of a majmity of the Senate to be considered The PRESIDENT pro tempore. The Secretary will eall the and acted upon after the appropriation bills are out of the way. roll on the motion of the Senator from Wyoming to proceed to Mr. WARREN. The Senator from Rhode Island knows very the consideration of the bill. • wen that practically that is not true, while technically it may The Secretary called the roll. be true. He knowa that there will not be ample time to take up Mr. MORGAN. . · I am paii·ed with the Senator from Pennsyl the Calendar, because he knows from the pressure we have upon vania [Mr. QUAY]. If he were present, I should vote'' yea." us-- Mr. LODGE (after having voted in the negative). I have a Mr. ALDRICH. The Senator did not quite report my la.ngnage general_pair with the Senator from Georgia [Mr. CLAY]. I see correctly. I .eaid any bill that the majority of tha Senate is in that he 1B not present. I therefore transfer my pair with him to favor of and desires to have considered. the Senator from Ohio [Mr. DICK]. and will let my vote stand. Mr. WARREN. And that nobody objects to. Mr. PETTUS. I am paired with the Senator n·om MasEachu Mr. ALDRICH. I did not say that. It is always within the setts [Mr. HoAR]. power- Mr. MALLORY. I have a general pair with the senior Sena Yr. WARREN. Practically that is what the Senator said. tor froiQ. Vermont [Mr. PROCTOR]. In his absence, I withhold Mr. ALDRICH. I beg the Senator's pardon. It is within his my vote. ' poweT as chairman of the Committee on Claims at any time, either Mr. SPOONER (after having voted in the negative). I have a m the morning hour or after the morning hour, to move to dis general pair with the Senato.r from Tenne see [Mr. CARMACK] place any order of business. any appropriation bill, or other bill who is necessarily absent from the city. I inadvertently voted' which is before the Senate. and to proceed to the consideration of and I withdraw my vote. ' claims bills or a claims bill. Mr. BATE. I do not think that is necessary this not being a Mr. WARREN. l have just made the motion to take up a political question. ' claims bill. Mr. SPOONER. Very well. The~ with the announcement Mr. ALDRICH. And if a majority of the Senate is with too that the &:nator from Tennessee {Mr. ~~ACK] is necessarily Senator, then he has a right to have the bill considered. But if a absent, I will allow my vote to stand m VIew of what his col majority of the Senate should think that the public business league [Mr. BATE] has said. should be proceeded with first and that private claims should be .The result was announced-yeas 39, nays 19, as follows: considered afterwards. his remedy will not be a good one. YEA8-B9. Mr. WARREN. Mr. President. the appropriation bill that is Alger, Culberson, Kearns, Quarles, supposed to just now have priority stands on the Calendar this Ankeny, Cullom, McComas, Scott, morning as the unfinished business to come up at 2 o'clock. This Bacon, Daniel. McCreary, Simmons, Bard, Dubois, McCumber, Smoot, leaves the time up to 2 o clock for the consideration of any -other Bate, Fairbanks, McLaurin, Stewart, bill or bills. I took the very course the Senator from Rhode BeiTy, Foster, Wash. Mitchell, Stone, in to Blackburn, Fulton, Money, Teller, Island sngges ed moving take up this bill, presuming that Burnham, GoriDB.D, Overman, Warren, it would be disposed of soon, one way or the other. I have made Clark, Wyo. Hansbrough, Perkins, Wetmore. a motion to take up the bill, and that motion is now before the Cockrell, Heyburn, Platt, N.Y. Senate. NAYS-19. The PRESIDENT pro tempore. Objection being made to the Aldrich, Dolliver, Gamble, Long, request of the Senator from Wyoming. the Senator now moves-- Alliso Dryden. Hopkins, Millard Mr. ALDRICH. I beg the Chair·s pardon;. if he will permit Ball, n, Elkins Kel!ln, Platt , Conn. me, the request was not made for unanimous consent. The Burrows, Frye, • Kittredge, Spooner. Senator from Wyoming moved to take up the bilL He did not Clarke, Ark. qanmger, Lodge, ask to have it conaidered. NOT VOTING-32. The PRESIDENT pro tempore. The Chair put the question to Allee, Depew, Hawley, Newlands, the Senate in that way. Whether he did it understandingly or Bailey, Dick, Hoar, Patterson, Beveridge. Dietrich, Latimer, Penrose, not the Chair does not know. Burton, Dillingham, McEnery, Pettus, Mr. WARREN. The President of the Senate did put it as a Carmack, Foraker, Mallory, Proctor, request for unanimous consent, a.nd that having been denied, I C1app, Foster, La. Martin, ~nay Clark, Mont. Gibson, Morgan, alia.ferro, now move to take up the bill. Hale, Nelson, Tillman. Mr. ALDRICH. :r'hat was not the suggestion made by the ~y. Senator from Wyommg. ·, So the motion of Mr. WARREN was agreed to; and the Senate, Mr. WARREN. That is very true. I made the motion to take as in Committee of the Whole, proceeded to eonsider the bill up in the first place. · (H. R. 1700) for the relief of the legal rep1·esentatives of Warren The PRESIDENT pro tempore. The question is on the motion Mitchell. deceased. - · to proceed to the consideration of the bill. [Putting the question.] The PRESIDENT pro tempore. The bill h.:'lS boon read. By the sound, the noes have it. ' Mr. ALDRICH. Do I understand that this bill is now to be Mr. WARREN. I ask for the yeas and nays. considered under Rule VITI? The yeas and nays were ordered. The PRESIDENT pTo tempore. It is not, having been taken Mr. MONEY. Before the yeas and nays are called~ let us have up by motion after objection was made. - the bill read. Mr. ALDRICH. Then it is now open to indefinite deba~. I The PRESIDENT pro tempore. The title of the bill will be ask for the reading of the bill. Mr. President. read. Mr. SPOONER. Let the bill be rel'ead. Mr. Pre..<4dent. _ Mr. MONEY. I should like to have. the bill read. The PRESIDENT pro tempore. The bill will be again read. The PRESIDENT pro tempore. The bill will be read. The Secretary ad the bill. The Secretary read the bill.. as follows: Mr. ALDRICH. I ask for the reading of the report accom- Be it enacted, etc.., That the Secretary of the Treasury be,andheishereby, panying the bill. - authorized and directed, out of any money in the Treasury not otherwise The PRESIDENT pro tempore. The report will be read. .. 1904. CONGRESSIONAL RECORD-SENATE. 5225
The Secretary read the followiDg report, submitted by Mr. and that the title to the property was not divested from the original owners by operation o~ that act. (U.S. v. K_!ein, 13 Wall., 128; U.S. v. Padelford., t WARREN March 2. 1904:: Wall., 531; Wylie v. U.S., 6 Ct. Cls., 295.) The ap,Plication of these rules to this case estops Mitchell's venders from The Committee on Claims to whom was referred the bill (H. &.1700) for maintainmg an action for the value of the property, for the reason that they the r lief of the legal representatives of Warren Mitchell, deceased. having had received full consideration from Mitchell; they also prevent Mitchell carefully considered the same, hereby report it back to the Senate and rec from recovering, and thereby present practically the anomalous proposition • ommend its passage without amendment. that a. trnstee can, by his own acts, convert a trust estate into a. fee, or in The facts as set forth in House Report No. 21, Fifty-eighth Congress, sec other words, that he can destroy the rights of a. cestui qui trust by confisca.. ond session, sustain your committee m its favorable action. tion of the trust fund. The report of the House is adopted by your committee and ma.de a part of their report, as follows: Mr. WARREN. Mr. President, I assume that it is due to the Senate that I should state some reason for reporting favorably [House Report No. 21, Fifty-eighth Congress, second session.] this bill from the committee. I waut to be absolutely fair with "The Committee on War Claims, to whom was referred House bill1700, regard to it and to say that it has been reported adversely as well respectfully submit the following report: "At the breaking out of the war of the rebellion Warren Mitchell resided as favorably heretofore, both to the Senate and the House of Repre at Louisville, Ky. He was a merchant with extensive interests and connec sentatives. So far as I was personally concerned, I did not feel tions, and had large amounts owing him in various sections of the South. called upon to give the claim attention for the some nine years General Anderson, commanding the Department of Kentucky, gave him a pass to enter the Confederate lines and he went South 'solely for the pur and over that it had been pending before CQngress after I became pose of saving himself from financ1al1 min, leaving his wife at Louisville,' a member of the Committee on Claims, because I noted that my and engaged in the proper and legitimate occupation of collecting, in the honorable friend from Wisconsin [Mr. SPOONER] had once re most available commodities, the amounts due him. "His base of operations was Memphis and Nashville, Tenn. and by Decem ported it adversely and that other Senators had done the same. ber, 1864, he had gathered together 724 bales of cotton and had the same But when it was considered in another place in this Capitol, fully stored at Savan.nah. Ga., where it was seized by General Sherman, sold, and debated, and finally unanimously passed, I felt it my duty to give the proceeds. amounting to W!,G92.22, turne twenty-odd thousand dollars and m:e and indefinitely hold it, or ors advised him of their readiness and willingness to discharge shall they return it to its proper owner, it being trust funds? their obligations if he would take it in cotton, wpich they owned, There is another matter. Mr. Mitchell, before the war, was in at an agreed price; which he did. Thus he succeeded in his mis partner hip with a man by the name of Armstrong. Armstrong sion. I repeat it was not a commercial or a business venture. had gone south at a prior date. While· Mitchell was in the South It was simply an effort to collect what was due him from parties he discovered that Armstrong had made a contract to do certain who were unable to pay in cash, but who were able to pay in the things-that was, to butcher cattle and to deliver the meat for product of their labor and their farms. parties who were in rebellion. He immediately protested against He collected his debts in the shape of cotton. The record shows the use of his name and that of the partnership, but finding him that the Federal Government came into possession of his cotton. self, by the use of his name by his partner, t·esponsible under a Even the technical requirements of the law have peen complied large bond, he stayed there for nearly a month until he could get with, and the proof was furnished to the satisfaction of the Fed relieved from the contract and the work. For this suspicion or eral Government that his identical cotton was sold and the pro shadow of suspicion of disloyalty he took advantage later on, as ceeds, amounting to a hundTed and twenty-eight thousand dol many another did, to apply and receive a fnll and free pardon. lars-! speak in round numbers-were covered into the Federal It is intimated in the trial all through that if Warren Mitchell Treasury, where they are to-day. No man nor government has had made his residence south of the line, there would have been ever asserted an adverse title to that money. The fact that this no question; he would have received the pay for his cotton. On is the identical $128,000 which the Senator-- the other hand, others who were not loyal did receive money for Yr. WARREN. Will the Senator from Kentucky permit me? cotton on the ground that general amnesty granted afterwards Mr. BLACKBURN. Certainly. cleansed them from their disloyalty. So had he been disloyal, he Mr. WARREN. I am just now informed by the Senator from could have been paid. Had he lied and claimed._his home South, Oregon [Mr. FULTO~] that during this debate he has visited the . where he spent his time those two or three years he would have Supreme Court, examined the original opinion, and found it as I been paid. Shall werobhim because he was honest? Mr. Mitchell have said, and I am therefore assured again that the Supreme is spoken of in the highest terms as an honest, worthy man by Court finding is exactly as I stated it, the abridged Wallace not. men like General Bristow, former Secretary of the Treasury, withstanding. Must I, a layman, instruct the lawyers of the numerous former Senators in this body who knew him, Members · Senate concerning the law? It seems there are times when I must. of the Honse, and others; and I am impressed from all the evidence l\fr. BLACKBURN. Mr. President, resuming, there is no that he was a highly respected, straightforward, honest citizen, claimant to this amount of money except the one represented in who would not stoop to any deception to undertake to prove he this report and by this bill. It is denied by no one that the ~128,- had moved his home south of the · line~ whatever might be the 000 in rm.md numbers which this bill proposes to appropriate to results of the trial. So in the Supreme Court the case turned on pay off this claim is the identical S_128,000which the Government that one question alone-! think I can state it that strongly-of received as the proceeds of the sale of his cotton! and no adverse nonintercourse; that he lived on one side, and that his property claim has been presented by anybody in this world. was on the other. Now, this bill has passed the House. It has been here. as the Now, it is for Congress to say whether the United States, which Seilator from Wisconsin has told you, for many years. When he at best and most was simply a trustee in fact for the abandoned was the very efficient and able chairman of the Committee on and captured property which was taken, shall retain the money. Claims it was here. He did not at that time approve of the pay The United States paid various people, certainly all the noncom- ment of this money. He has stated that fact to the Senate and - batants. But such of the cotton as belonged to the Confederacy stated it correctly. it confiscated. There is the whole question. The United States The bill has been for all these years under the searchlight of as trustee has this much cash. This man in pursuit of his busi the two Committees of Claims of the two Houses of Congress. ness had that much cotton which produced the cash. Shall harsh It has at last passed the House. The severest scrutiny possible and strict adherence to the rule cause him to lose that money and to which you may subject any measure this bill has endured, and the Government to retain it? That is all there is to the case. here is the result-the Committee on Claims unanimously report Mr. BLACKBURN. Mr. President, I knew the claimant in this ing in favor of the passage of this House bill. The question of case intimately pretty nearly all my life. He is entitled to every loyalty was settled. The question of ownership was settled. encomium that has been passed upon him, whether by the Sena Every bar that could be pleaded was interposed, and this is the tor from Wyoming [Mr. W ARRE.t""i] or by former Senator Steven result. son of Kentucky, or former Secretary of the Treasury, General Now, I appeal to the Senate. If the Senate shall refuse to pass Bristow. They were all intimate personal associates of the claim this House bill, thereby insisting upon the Government holding ant, and their testimony as to his character, as to his honesty, as still longer the $128,000 which it iB conceded the Government to his status politically is all embraced in the record before the holds to-day as a t1-ustee for the benefit of the owner, and there is court. but one claimant to the property, and there has been but one, I Mr. ALDRICH. Will it be too much trouble to ask the Sena submit that it would be a declaration of a pm·pose of confiscation tor to put that into the record of the Senate? of private property. There is not a test to which this claimant Mr. BLACKBURN. To put what? has not been subjected in the courts of our country. He has gone Mr. ALDRICH. To put those statements into the record of the through the Court of Claims, and he has gone through the court Senate. of last resort-the Supreme Court of the United States-and the Mr. BLACKBURN. I would be very glad to do it, but I would result summed up in a single sentence is that his money lies in have to get them from the records of the court. The report filed the vaults of the Treasury unclaimed by anybody, and when I by the Committee on Claims in the Senate shows the Senator say" unclaimed by anybody," I mean to include the Government where they are. The report which I have in my hand recites the of the United States, for it has no shadow of claim. Under these statements of all these gentlemen-Senator Stevenson, General conditions it does seem to me that this bill should pass. Bristow, Virgil McKnight, the oldest and leading banker of the Mr. SPOONER. Mr. President, I can not give my concurrence city of Louisville, and many others of similar character and stand to the proposition so often advanced here by the Senator from ing, and this claimant was entitled to- Wyoming [1\f.r. WARREN] and repeated by the Senator from Ken Mr. ALDRICH. As to his respectability. tucky [Mr. BLACKBURN], that the Senate should: pass this bill be Mr. BLACKBURN. Yes; as to his personal integrity, his cause the House has passed it. high character, and all that. It is testified to in the record of the Mr. BLACKBURN. I did not say that. court by all these witnesses, and he was entitled to everything Mr. SPOONER. Practically that. This bill, the Senator said, they said on his behalf. was unanimously reported by the committee in the House-l as The only objection I can see that can be fairly urged against sume that his statement is an accurate one-and that it was passed the payment of this claim would be that there are many other by the House. Of course, we know that. But the question is claims equally as just and meritorious as this one which have not whether it shall be passed by the Senate. It never has been the been favorably acted upon. I can not see how any other objec rule of legislation that either House blindly passes a measure be tion can fairly be urged against the passage of this bill. The Sen cause it has passed another, and it never ought to become the ru1e. atorfrom Wyoming has stated the facts as developed in the record, Each House is confronted with its own obligation of duty and and he stated them truthfully and candidly. - its own responsibility to the public, just as each and every mem This case presents, then, this state of facts: Here was a citizen ber of each House is; and every measure which is presented tc. the of Kentucky who had, at the outbreak of the war, a large amount Senate, as every measure which is presented to the House, should of debts due him in the seceding rebellious States. He went there have the benefit of independent investigation and debate, and it to collect those debts. I am not traveling outside of the record, shou1d be, when it passes, the·resu1t of the intelligent j}ldgment of nor am I perverting the testimeny at all. He went there to en Congress. gage in no business except to collect the debts that were due him Mr. President, the vice of the statement so often reiterated by before the outbreak of the war. In the prosecution of that effort the Senator from Wyoming [Mr. W A.RREN], whose absence Ire he found it impossible to collect his debts in money, but the debt- gret- 5228 CONGRESSIONAL RECORD-SENATE. APRIL 21, Mr. WARREN. I am not very far off. Mr. SPOONER. Mr. President, that is another question. This Mr. SPOONER. Whose presence delights me, and the Senator property, as Ire :ollect it, was seized at Savannah; and if Warren from Kentucky [Mr. BLACKBURN], that the $128,000 in the Treas Mitchell did not become the owner of it, it may be that some ury is the property of Warren Mitchell, and therefore his legal other citizen of that State is the owner of it and would ba en representatives are entitled to it, is this: There is not the slightest titled to the proceeds. That is an additional reason why this foundation in law or in fact, whatever conclusion the Congress money should not be paid to the representatives of Warren might reach on general considerations, for that statement. The Mitchell. truth is that the pendency of this bill in the Congress is an appeal Mr. WARREN. If the Senator will permit me, the papers from a unanimous decision of the Supreme Court of the United from the Treasury Department show there is no que tion as to States. that, and the court does not raise that question at all. The The Supreme Court of~ the United States decided in a case be court admits the taking of the cotton, the amount of the proceeds, tween the United States and Warren Mitchell, res adjudicata, a and rules against Mitchell upon the ground, as the Senator has matter of eternal verity from the standpoint of the law, that War stated. of the nonintercourse act. ren Mitchell was a citizen of Kentucky. He claimed. until an ex Mr. SPOON ~ R. That I need not question. amination of the Confederate archives disclo ed to the contrary, Mr. WARREN. The cotton certainly belonged to Mitchell and that he was a loyal citizen of Kentucky. He left Kentucky, being certainly was claimed by nobody else. a member of the firm of Mitchell, Armstrong & Co .• shortly after Mr. SPOONER. The Senator made a very capable statement the proclamation of nonintercourse instead of before it, as I rec of this case from his standpoint, as good and thorough as a lay ollect the fact. man could be expected to make; yes, better than the ordinary Mr. WARREN. I can say that his pass from General Ander layman: but the Senator begs the question. The nonintercourse aon antedated the nonintercourse act, and I think his departure act being viola~, Mitchell acquired no title in law to the cotton~ South also antedated the proclamation of the President putting Mr. TELLER. Who had the title? into effect the nonintercourse act. Mr. SPOONER. I think the United States probably had the Mr: SPOONER. I care nothing about that. The Senator re title. At any rate, the court held that Mitchell did not have it, fers to leaving- )>ecause he was a citizen of Kentucky trading across the lines in Mr. HALE. Mr. President- ·violation of the nonintercourse act. The PRESIDENT pro tempore. Does the Senator from Wis Mr. WARREN. No; not trading across the line. C(>nsin yield to the Senator from Maine? Mr. SPOONER. Yes. Mr. SPOONER. Certainly. Mr. WARREN. He made no attempt to trade across the line. Mr. HALE. This is a very important matter, and the Senator's Mr. SPOONER. Yes, he did. Btatements are most important. I think the Senate ought to hear Mr. WARREN. He went across with his pass and did not them. I suggest the lack of a quorum. cross the Une to acqUire the cotton there, and the United States The PRESIDENT pro tempore. The Secretary will call the roll. came down and took it. The Secretary called the roll, and the following Senators an Mr. SPOONER. He could not go across with his pass without swered to their names: going across, and what he went across was the line which divided the forces of the United States from the forces of the Confederacy. Aldric~ Frye, Long, Platt, Conn. Alger, Fulton, McComas, Platt. N. Y. Mr. TELLER. He had a. permit. Bacon, Gallinger, :McCreary, Quarles, Mr. SPOONER. Yes; he had a. permit to go across. but he.did Bard, Gamble, McCnmber, Scott, Bate, Gorman, McLaurin, Simmons, not have a. permit to go across and trade with the enemy. Berry.> Hale, Martin, Spooner, Mr. ALDRICH. Which he did. Bl.a.ckoarn, Hansbroug~ Mitchell, Stone, Mr. SPOONER. And with the purpose of sending within the Burnham, Heyburn, Money, Teller, Bnrrows, Kea.n, Morgan, Warren. Union lines the cotton which was purchased of the enemy. Darnel, KPa.rns, Nelson, Wetmore. Mr. WARREN. There is no proof of that. Dietrich, Kittredge, Penrose, Mr. SPOONER. I think there is proof of it. Dryden, Latimer, Perkins, Mr. SCOTT. Mr. President- Fairbanks. Lodge, Pettus, The PRESIDENT pro tempore. Does the Senator from Wis The PRESIDENT pro tempore. Forty-nine Senators have re consin yield to the Senator from West Virginia? ponded to their names. There is a quorum present. Mr. SPOONER. Certainly. Mr. SPOONER. Mr. President, it is a matter of no consequence Mr. SCOTT. Does the Senator from Wisconsin hold, then,·that when Mr. Mitchell received the pass which enabled him to go the cotton belongs to the United States or does it belong to some across the line, or when he carried the pass in his pocket across person other·than the United States? the line. Mr. SPOONER. It belongs to the United States certainly as That pass, although it was not offered in evidence. had the ef against Warren Mitchell, and that is all that is involved in this fect of necessity to prohibit him-and it was issued upon that discussion. The whole question raised in the Court of Claims condition, as all such permits were-from violating the noninter and upon which that court evenly divided and carried to the Su course act and from giving, of course, aid and comfort to the preme Court of the United States was the question of Warren Mitchell's ownership of this cotton, and therefore the validity enN~!:. there is a wide distinction between this case and the cot of his claim to the proceeds of the cotton sold to the Govern ton claims that are pending here. ment. Most of those claims, indeed all of them, so far as I know, are That question turned on the question whether he had lost his claims for the proceeds of cotton seized from individual owners residence in the State of Kentucky and had become a resident who lived within the limits of the Confederacy. who were citizens within the Confederate linea, a citizen of the Confederacy. If he of the Confederacy, and many of whom of course were loyal to had gone South, as his partner Armstrong did. when the war the Confederacy, and therefore disloyal to the United States. broke out, to cast in his fortunes with the Confederacy and aided The Supreme Court of the United States did hold, as the Sena it to his uttermost, his acquisition of this cotton would not have tor from Wyoming said. that the amnesty act as to such claims been a violation of the nonintercourse act, and this impeachment, was an act of oblivion equal in measure to a pardon, and that dis absolutely irrefragable in law, of his ownership could not have loyalty could not be, therefore, asserted by the Government em ted. against a claim by the individual owner who had been disloyal His attitude, then, would have been the same as the attitude of and who had been amnestied for the proceeds of cotton which had some of the constituent of my friend the Senator from Alabama been captured or seized by the Government and sold and the pro [Mr. Mo&GA.."N"], who, in their acquisition of cotton. did not violate ceeds deposited in the Treasury. the nonintercourse act. and whose offense of disloyalty Vtae oblit The court having held that to be a trust fund, not the property erated, under the decision of the Supreme Court. by the amnesty·. of the United States. what stands now between those claimants But that is not this case. Does the Senator from Wyoming con and that fund in the Treasury, if there be such. is the statute of tend that a contract made in violation of the nonintercourse act limitations. In none of those cases has any question been raised, is valid as against the United States? so far as I remember, as to the validity of the claim which is Mr. WARREN. The Senator has very kindly admitted that I asserted. The ownership of the property claimed, of the cotton, made a very fair statement for a layman. Sometimes a. lawyer the proceeds of which are claimed, of course must be proven. makes a fair statement from a business point of view, but as a But in this case the difficulty is that under the decbion of the business man doing business with his brother business men it is Supreme Court of the United States, which the Senate is asked natural to look at the equities of the case. · to re"Verse, ·Warren Mitchell was not the owner of that cotton, If thiB man went South to defraud anybody. to be disloyal to his and therefore he is not the owner of the proceeds of the sale of country, to take advantage of anybody. there would be no equity. that cotton in the Treasury of the United States. If he went South to save and collect the debts due him where he Mr. WARREN. If the Senator will permit me, will he state had previously given credit and thus obtain means with which to who does own the proceeds of the cotton? pay his debts where he owed them, then in equity, as a noncom- • • 1904. CONGRESSIONAL RECORD-SENATE; 5229 batant and as a loyal citizen, and it does not matter whether he ments of the officia.l survey upon which the patent grant is based, and snr veyors·general in executing subsequent patent surveys, whether upon sur was or was not loyal, 'b.e should not have his property confiscated. veyed or unsurveyed lands, shall be governed accordingly. The said Mr. PLATT of Connecticut. Does the Senator think he entered ~onuments shall. at all timesconsti~te the hlghest authority as to what land into the butchering busin.ess, snpplying-- IS patented., and m case of any conflict between the said monuments of' such patented claims and the descriptions of said claims in the patents issued Mr. S~OO~ER. I wi.J get to th~t. There is no question of therefor the monuments on the ground shall govern, and erroneous or incon confiscating hiS property. The question I pnt to the distinguished sistent descriptions or calls in the patent descriptions shall give way thereto." ~n~tor ~Tom W yomin~ is whether, having acquired the property There being no objection, the Senate, as in Committee of the ~ viOlatiOn of the nomnterconrse act, he had any property in it Whole, proceeded to its consideration. mlaw. The bill was reported to the Senate without amendment, ordered Mr. WARREN. Mr. President. if Warren Mitchell had stayed to a third reading, read the third time, and passed. after he bought that cotton, south of the line and had claimed Mr. HEYBURN. I move that the House of Repre!:ientatives be that that was his residence, and it wa.s a mere matter of a state requested to return to the Senate the bill (S. 3596) to amend sec ment or choice for him where he selected and designated, there tion 2327 of the H.evised Statutes of the United States, concerning would have been no question about his receiving the money for mineral lands. the cotton. The motion was agreed to. Mr. SPOONER. This claim has been pushed and pushed. It was once rejected by the Senate, three times adversely reported ADDITIONAL JUDGES IN INDIAN TERRITORY. by the Committee on Claims, once by Senator Angus Cameron, once by Senator Jackson, of Tennessee, afterwards an associate The bill (H. R. 12647) to establish a supreme court for the Indian justice of the Supreme Court of the United States, one of the ablest Territory and to provide for additional United States judges jurists who ever satnpon that bench, and one of the most faithful therein, and for other purposes, was read twice by its title. men who ever served in this Chamber. Mr. PLATT of Connecticut. On last Monday the Senate passed Mr. WARREN. It was also reported favorably- a b~ on the same su~ject, and at the same time the House passed Mr. SPOONER. I was going to say that. a bill. The House bill has come over here and our bill has gone Mr. WARREN. By former Senator Gray, who is also a dis to the Honse. I ask that the bill be now considered. There being no objection, the Senate, as in Committee of the tinguished member of the United States circuit court 1 and by other distingni bed Senators. Whole, proceeded to consider the bill. Mr. SPOONER. I was going to say that. Once there was a Mr. PLATT of Connecticut. I move to strike out all after the minority report signed by Senator HoAR, Senator Dolph, and enacting clause of the House bill and to substitute for it the bill myself. which we passed in the Senate. One of the last reports I made before I left the Senate was a The PRESIDENT pro tempore. The Senator from Connecti minority report, and an elaborate one, the result of very careful cut moves to strike out all after the enacting clause of the Hous·e investigation. in which Senator HoAR concurred. bill and to substitute the bill as it passed the Senate. I assert, without fear of successful contradiction anywhere The SECRETARY. Strike ont all after the enacting clause of Mr. President. that so far as the law is concerned, as settled by the Honse bill and insert the following: the Supreme Court of the United States. Warren Mitchell had That there shall be appointed by the President, by and with the advice and consent of the Senate, four additional judges of the United States court no title whatever to this cotton, no matter who else may have~ in the Indian Territory one for the northern district, one for the western It was coutraband of war. He had acquired it in violation of district one for the central1 district, and one for the southern disTrict. And the nonintercourse act, and it was seized at Savannah. Senators said. judges sha~ have all the authority, exerc~e all the powers, perform like duties. and receive the same salary as other JUdges of said court, and shall say that he went South simply to collect some debts. I ask the each serve !or a term of two years from date.of appointm.ent, and shall be attention of the Senator-- mem.bers of the court of appeals for the Indian Territory: Provided That The PRESIDENT pro tempore. The Senator will please sus none of said judges shall have power to appoint clerks of courts, United pend while the Chair lays before the Senate the unfinished busi States commissioners, or United States constables. ness. Mr. TELLER. Before that is done. I move an amendment to The SECRETARY. A bill (H. R. 6758) making appropriations the bill if I am in order to move it now. I do not know whether for the payment of invalid and other pensions of the United I should wait until the substitute is adopted and then amend the States for the fiscal year ending June 30, 1905, and for other pur amendment, or whether I should move to amend the bill as poses. amended. Mr. McCUMBER. I understand that the bill which has been The PRESIDENT pro tempore. It would be entirely in order before the Senate can not be passed without considerable more to amend the amendment, deLate. Mr. TELLER. Then I move to add as an additional section Ml.·. SPOONER. The Senator from North Dakota is correctly the following: informed. Mr. McCUMBER. So I snnpose we may as well go on WI'th That an additional recording district in the Indian Territory is hereby es- - ·~ t.ablished. with a United States court at Wapanucka. The boundaries of said the unfinished business. · recording district shall be fixed by the judge of the central district of Indian Mr. SPOONER. Mr. President, my lnlPech is to be continned at Territory, who shall also have authority to appoint a commissioner and con- ~1:'~ stable for said district. our next session at which this subject comes np. Mr. WARREN. I have no wish to displace the appropriation Mr. PLATT of Connecticut. I hope the Senate will not assent bill, if I had the power. It has been perfectly apparent from the to this amendment. I will state the difference between the Honse first that the time until 2 o'clock would be consumed in the de- bill and .the Sen.ate bill. !he SeD:ate bill is for the appointment bate. Of course, the hour bf 2 o'clock having arrived the bill of four Judges m the Indian Terntory. who shall serve two years must be laid aside for the present. ' I and who shall be members of the court of appeals. That is all there is of the Senate bill. The House bill provides for the ap~ MINERAL LANDS. pointment of three judges in the Indian Territory to serve four The bill (H. R. 13298) to amend section 2327 of the Revised years, who shall not b.e. members of t~e court of appeals, and Statutes of the United States, relating to lands, was read the first they.have. ad~ed a proVlSlon for the making of five or su: new re- time by its title cording districts there. Mr. HEYBuRN. I ask that that bill may be taken up for I N~w. the Senator fro~ Co~or~do pro-poses to provide ~or the present consideration and passed. The Sen te has passed a bill making of a new recordi?g district. an~ wants ~ a:tta<:h 1t as an similar in almost every respect to that bill. and if the House bill amendment to the substituted Se~ate bill. I tb.i.J:tk 1t Will embar is passed by the Senate I will withdraw the Senate bill. rass us v~ry ~no~ when we come mto ~nference1f we have added The PRESIDENT pro tempore. The Senator from Idaho asks a recordm~ ~trict hera I d 5230 CONGRESSIONAL RECORD-SENATE. APRIL 21, tricts. If we put in this provision, it can be treated with the Mr. President, this bill as it passed the House of Representa others and no harm can possibly come by our saying, " If you tives Tecommended the following items of .appropriation: are going to make any recording districts, you should make this Recommended one. ' The population and everything else demands that if they ~itle of expenditure. make any they should make this distTict. If we fail to put it in for 1905. now, there will be no opportunity to get it in during the present session. The committee of conference will have the matter be ~:rs~!~~~=~~-~eons:::::::::::::::::::::::::::::::::::: $13B,~:~ fore it. If the other body objects, they can drop it out. There Salaries of agents.. ------72,000 can no harm come by putting it in, I am sure. Cl~r~ hire at agencies.------·--...... 430,(XX) Mr. HALE. :Mr. President, I rise to a question of order. What Stationery and other necessary expenses...... 35,000 Rent---·------..• ------.------10,60) is the regular order? Exa~tion of pension agencies _____ ------2,500 The PRESIDENT pro tempore. The pension appropriation bill. 1----- Mr. HALE. I will not shut off the Senators if the matter up Tota.l ...... ------.... ------·----...... ------•... 188,150,100 can be got out of the way, but I do not consent that the regular order, an appropriation bill, shall be long suspended. I will with The Pension Committee has favorably reported Senate bill No. hold the call for a.few moments. 671, to increase the pensions of those who have lost both eyes or Mr. TELLER. Can the bill be objected to now? have become totally blind from causes occurring in the naval or Mr. HALE. It is up only by unanimous consent. military service of the United States. That bill has since become Mr. TELLER. I think the Senator from Connecticut ought to a law. The total number of persons affected by that particular consent to this amendment. I do not think that he should take act are 600, and the necessaryamounttoraise their pensions from up the bill now and cut us out of an opportunity to have the $72 per month, that they are now receiving, to $100 per month, amendment considered. the amount provided in the bill, will be $201,600. That would :Mr. PLATT of Connecticut. If that claim is made, of course make a total recommended by the committee at the time the re I will not take the time of the Senate to obstruct or endanger the port was made and the bill was reported to the Senate of bill by further discussion. $138,351,700. That addition is the amendment to which the Sen The PRESIDENT pro tempore. The question is on agreeing ator from :Maryland [Mr. GORMAN] has referred. It simply adds to the amendment of the Senator from Colorado. that amount, as that bill was not taken into consideration when The amendment to the amendment was agreed to. the estimates were made upon which the House based their The amendment as amended was agreed to. appropriation. The bill was reported to the Senate as amended, and the amend This sum of $138,351,700 is, of course, exclusive of the sums ment was concurred in. paid for the support of the Pension Bureau and the Soldiers' The amendment was ordered to be engrossed and the bill to be Homes. The number of pensioners upon the roll on July 1, 1903, read a third time. including all of the wars and including widows and minor chil The bill was read the third time, and passed. dren, dependent parents, etc., was 996,545. The average value of Mr. PLATT of Connecticut. I move that the House of Repre each pension under the general law is $176.16. The average value sentatives be requested to return the bill (S. 4316) providing for of each pension under the act of June 27, 1890, is $108.82. the appointment of additional judges in the Indian Territory. :Mr. President, measured by the pensions granted by any other The motion was agreed to. nation of the world, these pensions may be considered extremely liberal; but measured by any other war of modern history, we TIMBER AND STONE ACT. believe that justice demands liberality in favor of the survivors Mr. COCKRELL. · Will the Senator from North Dakota per- of the war of the rebellion. mit me to have two bills stricken from the Calendar, so as to dis- It is true that not only by successive laws, but also by the or- pose of them? ders of the Department, the pensions under the old law have grad- Mr. McCUMBER. I yield for that purpose. ually been I"aised for many disabilities; also the amount that is Mr. COCKRELL. I move that the bill (S. 2860) to further being allowed from day to day at the present time is greater than amend an act to amend an act approved January 21, 1903, enti- the amount that was allowed under the same law for the same tied "An act to amend an act entitled 'An act to provide for the disabilities ten, fifteen, or twenty-five years ago. But there are use of timber and stone for domestic and industrial purposes in reasons for this, Mr. President. No other war in the history of the Indian Territory,' approved June 6, 1900," be indefinitely this nation, in my humble opinion, has ever called for such cour- postponed. age, such self-sacrifice, such patriotic devotion on the part of sol- The motion was agreed to. diers as was exhibited by the soldiers of the war of the rebellion. PIPE LINES IN INDI.A.N TERRITORY, In the Revolutionary struggle our forefathers were called upon to do battle, not against another colony which had grown up Mr. COCKRELL. I move that the bill (S. 2302) to amend sec- under like conditions, but against a country which, in a certain tion 3 of the act entitled "An act making appropriations for the sense and to a certain degree and extent, had become foreign to current-and contingent expenses of the Indian Department and them. A century and a half, Mr. President, of life, separated by for fulfilling treaty stipulations with various Indian tlibes for the 3,000 miles of sea, without that communication which to-day fiscal year ending June 30, 1902, and for other purposes," be indefi- brings all the nations together in neighborly fellowship, had de- nitely postponed. veloped on this side of the Atlantic Ocean practically a separate The motion was agreed to. nation. - PENSION .A.PPROPRIA.TION BILL, No such condition, Mr. President, confronted the veterans of the civil war. The soldiers of one State were summoned to do Mr. HALE. I demand the regular order. battle against the people of an adjoining State, against those of The PRESIDENT pro tempore. The pension appropriation bill the same blood, against those of the same history, the same char- is before the Senate. acter, the same fighting qualities-men endeared to each other, The Senate, as in Committee of the Whole, proceeded to consider Mr. President, by the memory of the wars wherein they had fought the bill (H. R. 6578) making appropriations for the payment of side by side and had won great vict01ies by land and sea. There invalid and other pensions of the United States for the fiscal year fore it was not a slight demand when the northern soldier was ending June 30, 1905, and for other purposes, which had been re- called to a death struggle with the brave armies of the South. ported from the Committee on Pensions with an amendment. Mr. President, the world at large has never, I believe, fully ap- . The amendment of the Committee on Pensions was, on page 2, preciated the deep devotion to the cause of the Union of our sol line 2, to increase the approp1iation for army and navy pensions diers. When the soldiers of the civil war were summoned they from $136,800,000 to $137,010,600. knew they were called upon to fight not an inferior race, not even Mr. GORMAN. Mr. President, I should like to ask the Senat-or a different nation, but brothers of their own blood, men of their from North Dakota as to the amendment of the committee on own fighting tenacity and character. They knew that they were page 2. Why has an increase been made there over the bill as it called upon to meet an army as well armed, as well provided, as came from the House of Representatives to the Senate? I should well commanded as were they themselves. They knew, :Mr. like the Senator to explain that. President, that the chances of victory or defeat were nearly Mr. McCUMBER. I will do that. :Mr. President. On account equally bala.nced. In the very beginning of the conflict they of Order No. 78 made by the Commissioner of Pensions, on ac- knew that the advantage must be necessarily with their oppo count of the general demand for a service pension, and on accotmt nents. The forts and the arsenals were in their hands; the skilled of the prominence that has been given to the Pepsion Bureau in generals for the most part were on their side; the climatic condi the debate in this body during the last two or three weeks, it seems tiona were favorable to the defenders and were unfavocable to the to me appropriate when bringing this bill before the Senate for northern soldiers. They also knew that all along the line they · consideration to discuss the bill very briefly, and also the order I must be the aggressors, and that aggression meant multiplied and which has been many times referred to in the Senate Chamber. disproportionate danger. It required patriotism and love of coun· 1904. CONGRESSIONAL RECORD-SENATE. 5231 try and a conviction of right to face those conditions. They were reaching that period when a general service-pension bill should not ordinary conditions. be considered by Congress. Let us take, fo'r example, the conditions in the State of Ken I deem it proper at this time, Mr. President, topresentina\ery tucky alone, where 80,000 men from that State joined the armies brief form a statement which will at a glance enlighten any Sen of the Confederacy and about 80,000 men from the same State ator as to the present condition of our service pension. I have joined the armies of the North. Those men, therefore, were re quoted copiously from the report of the Commissioner of Pensions. quired to fight, not against a foreign foe, not against an invader, and yet I place it in such form that he who runs may read and but son against son and parent against his children. understand at a glance the present status of our pension laws and This was a condition, I say, that appealed especially to patriot the conditions in the Pension Bureau. ism and love of country. Well might the northern men have The number of pensioners, June 30, 1893: said,'' The3e are of our own blood; these are our brothers; let Soldiers and sailors ______729, 356 them go out of the Union." There was a case entirely different Widows and dependents ______. ______267, 18D from where a foreign force is upon our own soil. The case is en tirely different from that where our armies are sent abroad to face ~otal ______: ______, ___ 996,545 their enemies. The case was one that called, as I say, for national Under the act of June 27, 1890: patriotism; and the love of country was so deep in the hearts of Soldiers and sailors ______4 43, 721 all the American soldiers of the North that they laid aside all Widows and dependents------.------~ 162,241 other sentiments. ., Therefore, Mr. President, if the country is paying liberal pen Total ______605,962 sions, it is paying also for a patriotism and for a duty performed toward itself that has never been exhibited in the history of any This leaves for all soldiers, sailors, widows, and dependents country or in any civil war. under all other wars, 390,583. The nation has not been ungrateful, Mr. President, for the sac Civil-war invalids ______------703,546 rifices of that war. If our debt of gratitude has been great be Widows of civil-war invalids ______248,390 yond m ~ asure, so, too, have we responded beyond mea-aure to the patriotic impulses of the American people to pay so far as in our · ~otal ______,------· ------951,936 power we could pay that debt, by caring for every soldier, for his There has been a loss to the rolls during the year, by death, re widow, and his children, whet}ler the distress results from serv marriage, limitation, failure to claim, and other causes, 47,388. . ice, hardship, exposure, wounds, from the natural ills of life, There has been a net gain as follows: from declining vigor, or from financial destitution. Under our By act of the Bureau of Pensions ______44,256 liberal pension laws all alike may call upon the nation for aesist By special act of Congress ______231 ance and protection, and the countl·y·regards it as a sacred auty, Mr. President, to respond to that call. In no other country and to the soldiers of no other war has the Total------~------·------44,487 generosity of an appreciative people been bestowed with such lav This se~ming discrepancy, Mr. President. between the gain by ish hand as upon the soldiers of the Union; and if we point to the special act (231) and the number of special acts (1,057) is ex enormous sum of nearly $3,000,000,000paidforpensions since 1861, plained by the fact that all the special acts, except these 231, were we do it with a sense of pride and not of regret. We feel that it for increase of pensions and not for original pensions. reflects the character of a people who are grateful to their bene It is estimated that the death rate of pensioners for the ensuing factors, who have never forgotten and who will never forget year will be about 45,000 and the loss from other causes 6,000, or their protectors. a total of 51,000. While, on the whole, Mr. President, the pension laws have op Let us consider a moment what we have paid out for pensions. erated in the past with a-S little impartiality or injustice as could The total paid out for pensions for the year ending June 30,1903, be expected, as the added years-nearly forty since the close of was $137,757,652; the cost of maintaining the Bureau of Pen that war-have sapped the strength and vigor of those engaged sions, $3,791,179; or a total of $141,148,832. in the conflict it has become more difficult to prove the service Theaverageannual valueof each pension was$133.49; the aver origin of any disability. It is becoming more and more appar~nt age annual ..-alue under the general law. $176.16; the average an that our pension laws may be properly revised to meet present nual value under the law of 1890, $108.82; the average annual conditions. The many enactments out of harmony with each value, war with Spain, $137.25. More than one-half of the pen other, and not always so clearly expressed as to leave no doubt of sions paid out are at the rate of $10 and under. their meaning, emphasize the propriety of a revision of our pen The cost of the pension system since the beginning of the Gov sion legislation. ernment up to June 30, 1903, amounts to $3,134,271,254.87. The In the year 1890 the number of cases of destitution in the ranks total amount paid out for pensions since 1866 is $2,942,178,145.93. of the Army which had fought the civil war had become so This is exclusive, as I have stated, of Soldiers' Homes. marked that the act of June 27,1890, was enacted, which allowed The cost of pension per capita of population in 1903 was $1. 75. a pension of not to exceed $12 per month to every soldier who The aggregate wealth of the United States in 1903 was placed at served ninety days and who was honorably discharged and suf $107,200,000,000. Then the cost of the pension per thousand dol fering from permanent disability incapacitating him for manual lars in 1903 was $1.32. The cost of pensions per thousand in 1893 labor and sufficient to render him unable to earn a support. was $2.24, or a decrease of almost $1 per thousand in ten years- This was done, Mr. President without any reference to the nearly one-half. · service origin of his disability. It was granted to his widow and I especially call the attention of Senators to the fact that while to his children under 16 years of age. About three-fifths of all of our pension appropriations may have increased the population our pensioners on the roll are receiving their pensions under this and wealth of the country has so increased during that time that act. the amount per capita is much less, and the amount per each The fourteen years which have elapsed since that act of 1890 thousand dollars of wealth is only a little more than half what it added to the lives of these men, many. of whom were at an ad was ten years ago. vanced age even at that time, have increased the cases of desti Here is a matter of import-ance to consider .. The total number tution to such an extent as to render $12 per month inadequate of cases pending before the Pension Blueau, including minors to shield these defenders of the country from want. The result and dependents and the war with Spain, was, on July 1, 1903, has been a greatly increased number of applications for private 120,729. That number has been reduced very materia1ly, and pensjon bills. The growth of this character of legislation in the this fact enters into consideration in the call of an extra two and last six years, Mr. President, is something of a prophecy of its a half million dollars to be added to the present pension appropri- continued growth for the next few years; and I desire to call the ation. · . attention of the Senate to the encroachment of the Pensions Com Th~ number of Spanish-war pensioners of all classes on June mittee upon the Bureau of Pensions in granting the great num 30, 1903, was 12,862. ber of invalid pensions, and possibly to suggest a remedy. A word about the unknown army. It is estimated that this The number of pension bills reported favorably and enacted army numbers from two hu,.nd.red to two hundred and twenty-five by special legislation from 1898 to 1903, inclusive, is as follows: thousand. It is now applying for pensions at the rate of over 1898, 394; 1899, 300; 1900, 684; 1901, 707; 1902, 1,114; 1903, 1,057. 14,000 per annum. So far in any one session before the present session we have The number of soldiers of the civil war was 2,213,363. not passed the 1,150 limit. The number of pension bills reported I referred, Mr. President, a moment ago to the fact that we favorably in both Houses during the present session up to the were nearing a period when we should consider the matter of a present time is 1,832, an-increase of about one-third over that of general servic&!:lension, not only because of the forty years which any previous session. I think over 1,500 have already passed both have elapsed since the civil war, bnt for the other causes which Houses. . . I mentioned. A brief statement, therefore, of the precedents for All of this suggests, Mr. President, at least to me, that we are service pensions in other wars would be appropriate here. 5232 CONGRESSIONAL RECORD- SENATE. APRIL 21, . First, of the Revolutionary war. I want to take up now the pe~nent character, not the result of their own vicious habits, which so in acts that were pas ed and applied to soldiers of that war and to capaCltates them from the performance of manual labor as to render them unable to earn a support~ upon making due proof of the fact according the subsequent wars. The following acts were passed: to such rules and r~tions as the Secretary of the Interior may provide The act of March 13, 1818-thirty-five years after the termina ~placed upo~ the list o! invalid pensioners of the United State and be en~ titled to receiVe a J>ElDElOn not exceeding $12 per month and not less than tion of the Revolutionary war-was the first act. The beneficiary per month, proportwnate to the degree of inability to earn a support. under this act must have been in indigent circumstances and in need of assistance. Now, the first point of similarity to which I wish to call atten Seoond. the act of May 1, 1820. This was known as the "alarm tion, and I direct ~ttention to ~t because I desire to apply rule ·act," and required pensioners to schedule property, and in some 78 to both cases, lB the very unportant fact that a pension is cases, where the property wa8 shown to amount to $150, the claim granted only for physical disability. Whether under the general ant was dropped from the rolls. law or under the law of 1890, the question is whether the claim The third act was that of May 15, 1828, forty-five years after the ant is tmffering physical disability. It makes no difference what termination of the Revolutionary war. This act applied only to ~ J?le~tal q~lifications ar~. The question of the physical dis those who served to the end of the war. So up to this time we ability lB considered as bea;rmg only upon his ability to perform had not had a complete service pension. manual labor. So under either of these laws the real question is The fourth act was that of June 7, 1832, forty-nine years after whethe~ the claimant is disabled to perform manual labor. The the close of the war. Under this act pensions were granted to law which I first quoted, the general law, provides that these those who lt:ad served hot less than six months. This was prac facts shall be established according to such forms and regulations tically the first general service-pension a-ct of the Revolution. as may be provided in pursuance of law. The next act was that of July4,1836, fifty-three years after the . The law of 1~90 provide3 that the claimant shall receive a pen war. This act granted pensions to Revolutionary war widows SIOn upon ~ng due proof of the fact, according to such rules who were married before the close of the war. and regulations as the Secretary of the Interior may provide. So, It may be therefore said that the first general service-pension whether under one law or the other, the proof must' be made ac bill for Revolutionary soldiers was enacted forty-nine years after cording to regulations wh ch are provided by the Secretary of the tbe close of that war. Interior. Under the general law relief will be granted in sums Now as to th~ war of 1812. The first act was that of February ranging from SB to 830. Under the law of 1890 the relief will be 14, 1871-fifty-su years after the close of the war. This act re granted in sums ranging from $6 to 12. and in either instance it quired sixty days service. will be granted upon due proof under such rules and regulations The next act was that of March 9, 1878, or sixty-three years as may be provided. - after the war. This act reduced the period of service to fourteen Several other sections of the law fix the amount that will be days. . allowed for specific disabilities. Under the provisions of section War with Mexico: The act of January 29, 1887-thirty-nine 492 ttle Department has fixed rates independent of tho e that are years after the close of the war-was the first service act. That fixed by law, covering some 51 different classes. I wish to ask act required sixty days' service and that the claimant should be Senators upon the other side of the Chamber who claim that or~ 62 years of age or that he should be disabled or dependent. der No. 78, of March 15, is an infringement of the right of the Indian wars: On July 27, 1892-fifty years and over after the Congress of the United States to pass laws and an assumption wars mentioned-service pensions were granted. Mr. President upon the part of the Bureau not only to pass the laws. but to grant to those who served thirty days in the Black Hawk, the Creek' th~ pensions there~der, whether or not if that be true, it has not the Cherokee. and the Seminole wars, and on July 27, 1893. th~ eXIS~d fo!' from thirty. to forty years; and if it be true, why it is benefits of this act were extended to soldiers of other Indian wars. that m this year 1904, JUSt before a general election. just before Recapitulating, these service pensions were granted for service a Presidential campaign, it is suddenly found that this act on the · in the several wars and after the close of such wars as follows: part of the Bureau is a law, and not a mere rule and that the Revolution, forty-nine years thereafter: war of 1812, fifty-six years Bureau is usurping the power of Congress. ' thereafter; war with Mexico, thirty-nine years thereafter; Indian Let me eall attention to just a f_ew of the amounts that have wars, fifty years and upward thereafter; average limitation, forty been fixed by the Bureau under the general law. You will notice eight years after the close of the war. in the first instance, that the law simply grants a pension for d~ As indicating the life of the pensioners for any pa~ticular war ability. It does not decide what the disability is. It leaves the it may not be uninteresting. Mr. President. to make record of the PE>nsion Bureau to det~rmine the amount of the disability and fact. V13ry little known generally through the country, that we are what shall be allowed therefor; and in pursuance of that the Bu now carrying upon our rolls two widows of Revolutionarv war reau has fixed a number of rates. They were introduced the other soldiers, two daughters of soldiers of that war, and., from ·infor day by the Senator from New Hampshire [Mr. GALLINGER]. but mation obtained from the sec1·etary of the Association of the what I especially wish to call attention to is the fact that these Daughters of the American Revolution, I find that there are 293 same items have been changed by a rule of the Commissioner real daughters of soldiers of the Revolution who are members of from three to five times since they were first adopted. that order. Taking as a basis anchylosis of shoulder, elbow, knee ankle It is fair to say that there are about an equal number of sons of and wrist, thus: ' ' veterans of the Revolutionary war. This would make of sur vivors, then, about 600 sons and daughters of real soldiers of the American Revolution. Widows and daughters. of course, are canied on the pension rolls a great deal longer than survivors of the wars. It is perhaps ~i~l~~;~~~~Ei:~\\\UfJ!!!ll1\!!i!!n!!!Ull!t!i~! 1 a little strange to note that there is but one survivor of the war ~: ~i ~-=~!~~ fn~~xfinger ------..·----·-·------.. --·-··------. 10 of 1812 upon the pension list; but there are 1,115 widows of sol diers of that war. ta~~=ll ~;:o:-~7:::~~~:::~:~~~~~~~~~~~~=~~~~~:~~~~~~~~~=~ ~ Mr. President, I think this presents as briefly as I can present Severe of one ear and slight of the other------·------·--_____ 10 it the matter of the present condition in the Pension Bureau. I Nearly total deafness of one ear and slight of the other---·---.. ·------~ 15 however desire at this time to consider very briefly some sugges These rates have been fixed by the Bureau and not by any law. tions relative to order No. 78. which has received so much atten T~ere is n? la'?' fixing these seyeral amounti.;!. They are deter tion in the Senate. I wish to call attention, in the first instance, nnned arbitrarily by a rule which has been m force e er since to two general laws under which nearly all of the pensions are 1 61. They are presumptions of disability fixed by a rule and granted. The first is section 4692 of the Revised Statutes, which based upon common experience. Let us take the one instance of provides: the amount that is allowed for the lo s of an eye. That fwas SEC. 4:b'92. Every person specified in the several ~es enumerated in the raised, in the first instance, from S4 to , and then from SB to following section, who has been since the 4th day of March, 1861, or who is $12, and from $12, where there is deformity, to 17. Where did hereafter disabled under the conditions therein stated shall UJ>On making due proof of the fact. according to uch forms and regulations as are or may you get the law for that? Where did you get the law to make it be provided in pursuance of law, be placed on the list of invalid pensioners of $8 or to make it 812, and if it was legal to declare that that was a the United ~tat.ea. an~ .be entitled to. receiv.e, for 8: total disabq_ityor a per disability for which a pension of $4 a month should be allowed by manent specific disability. such pe11Slon as IS hereilla.fter proVIded in such the Bureau, under what authority would the Commissioner of cases; and for an inferior disability, exce{lt in cases of permanent specific disability, for which the relative pension IS expressly provided, an amount Pensions change that rule, make a new rule. and change it from proportionate to that provided for total disability. to $8 for the same disability? I repeat, it is under the general Now, this is what is known as the general law. I wish to call law which gives him the authority to determine by ruies and attention to the similarity between this law and the law of 1890. regulations the amount that shall be allowed in any specific case. It provides: In 1893, at the time when the Lochren order was ~rried into All persons who served ninety days, etc., and who are now or may here effect, which fixed the maximum rate of $12 per month which after be suffering from any mental or physical disability or disabilities of a should be granted when a claimant had reached the age of 75 years, CONGRESSIONALRECORDL-SENATK 5233· tll:ere were very few solliiers w1io liad reached' the age of o2 The ! tnnities: are very good, and tney·are> opportnnitieS"tli11.t no S"enator average age at thait time wa-s- 53. Wb.Tle fle· fixed 65 .yeai'S' of age can haw, because the Commissioner has the cases constantly be as evidence of such a degree of disability as would decrease th& fore him. We could! not do it any more than we couid foim an earning capaCity of" the average-man one-half and would give llim. opinion on any·disea-se · as weiT as could a physician-who is engaged a rate of 6, he did not at that time- have a sufficient number· of daily m cons-idering tn-at disease-. trrose ease-s before him to•justifythatnde as:estabiishing'the·par- M'r. SPOONER. Will the Senator from North Dakota~ permit ticular age which should govern all' future cases. me for a moment? Since th-a.t time 3l majority have passed beyond 62' years_ of' age, Mr. McCUMBER. With pleasure. Ol'" m-ore than: one-half of them have passed beyond that age -.. Mr. SPOONER. The SPnator's phrase, '"performing manual More than a thousnd of those al_)pfications are. cons~dered every , service,,., iS" not nearly so strong as the law. The- law speaks of a day. .After considering.sucliapplications for three hundred' days case than would be allowed in another. If you make a rule that Mr. McCUMBER. The mortuary tables show that the death consumption shall be rated at a certain degree, you will have to rate for 62 years and up is much more rapid than it is from 53 up apply that rule in every one of the cases. If you make a rule that to 62. the loss of a thumb in one case shall be rated at one-fourth, then I now place the matter directly to the Senator so that he can the loss of thumbs in every case must be rated at one-fourth. test this question. If the Senator claims that this is a law, or an Otherwise you would have as many different ratings as you would attempt to make a law by the Commissioner of Pensions, he can have different claimants. test that matter very quickly. Now, a rule is necessary because the claimant is not present. The Commissioner of Pensions has no authority to make a law, When a man is present, you may not need to ask his age. Yon and if he usurps the authority of Congress and assumes to make may not need to ask anything concerning his physical powers. a law and pays out money under that law, you can reach him by You may tell by his voice. You may tell by his demeanor. You an injunction. I am pretty sure that if a client would come to may tell by the vigor and elasticity of his step just about what any Senator, as an attorney, and ask his legal advice as to whether his physical condition is. But he is not present before the Bureau. he could sustain an injunction against the Commissioner of Pen He can not be seen. These eonditions can not be explained in sions enjoining him from paying out any money under thiS order writing or. by any document that may be furnished by the ex No. 78, there is not a Senator here who would advise that client amining physician, but they can be fixed by a general rule, and that he could sustain it. If you claim that it is iegally wrong, under the general rule you may know what the disability is and then certainly you would have to claim that you could sustain its proper rating. an injunction for that purpose. Suppose you do not consider age at all. What would the result I speak of the reasonableness of this order. We can not go be be? The Senator can see in a moment that one of the funda yond certain ages to draw certain reasonable conclUBions. The mental facts nece sary to establish not only uniformity, but to Senator will. remember in Holy Writ where Solomon at one time determine the degree of disability, would be left out. While un- determined to which of two women a certain babe belonged. He . der the law you are to take into consideration every disability, ac ordered that the child should be cut in two in the presence of the cording to the statement of the Senator you would not be allowed two women. He knew then by their demeanor as a presumption to take the disability of age into consideration. If, on the other of fact which was the real mother and which was not. Now, hand, you say that it may be taken into consideration in a special there was no extrinsic fact outside of the fact which every man case, for what purposes will it be taken into consideration? knows and feels and comprehends. Let us suppose that the Sen Mr. McLAURIN. My contention is that this is executive leg ator himself was sitting upon the golden throne of Solomon and islation, and I believe all those who deny the right of the Secre two women were claiming to be the mother of a babe; that one tary of the Interior to make this order contend that it is executive woman was 25 years of age and the other woman was 80 years of legislation, and that the Secretary of the Interior has no legal au age, to which one would he- award the babe without any other thority so to legislate. Does the Senator contend that the Secre fact to guide his decision? tary of the Interior con4l have fixed 52 years instead of 62 as the Mr. McLAURIN. Mr. President- limit when the physical disability would attach? Mr. McCUMBER. Would he award it to the younger? Not Mr. McCUMBER. No. because he could fix a time when it would be impossible that the Mr. McLAURIN. Why not? child might be a babe of the older, but because there is a reason Mr. McCUMBER. I assume that the Commissioner is a man able time known to everyone, and experience and observation of intelligence, of reason, one who will weigh the facts which are teach us about what that age is, and so near that we can for before him, and will therefore take into consideration what is rea mulate a reasonable judgment upon it. sonable and not what is unreasonable. The law must vest a cer Now, that. is just what is done by the Commissioner of Pen tain amount of discretion in the mind of every Commissioner of sions. With all these cases before him he is able to determine to Pensions. a reasonable certainty just what effect 62 years of age has upon the The law itself can not fix ra.tes for every man. It must leave physical ability of any man who served in the Army of the United the disability to be determined by rules, by regulations, by ex States. I will listen to the Senator now. perience, by the common knowledge of humanity applied to the Mr. McLAURIN. Mr. President, I merely wanted to answer conditions as they exist. the question the Senator propounded. I would do the very best Mr. McLAPRIN. Will the Senator allow me, after premising, I could to ascertain to which one the child belonged, but I would to ask another question? not undertake to lay down any rule to guide anybody else in de Mr. McCUMBER. Certainly. termining a fact of that kind. I would leave them to judge pre Mr. McLAURIN. TheSenatormustadmit that all men's rea sumptions of fact, just as is laid down in the law books for each soning does not lead to the same conclusion. For instance, I be trier to judge according to his own experience as to the facts lieve the order of Judge Lochren is taken as an exemplar by Sena when they come before him. tors who contend for the legality of this order. Therefore they Mr. McCUMBER. Suppose you had no other facts? must defend that order, because if it 1B not such an order as ought Mr. McLAURIN. The conclusion reached by the courts and to be followed, then it ought not to be cited as an exemplar for put down in the law books as a principle of law is that presump the action of the-Secretary of the Interior in this case. Judge tions of law are laid down by the court, by those who give rules, Lochren thought 75 years the age of disability; Mr. Ware thought but the presumptions of fact are left in every instance to the 62 years. Now, supposing that the reasoning of the~Secretary of trier-for instance, to the jury, if it is tried by a jury; to the the Interior and his judgment upon the facts should have led him chancellor, if it is tried by a chancellor; to the commissioner, if it to the conclusion that 53 years was the age at which disability is tried by a commissioner. would attach. It must be conceded that a man is not as able to Whoever tries the question of fact must in that particular case work at manual labor at the age of 53 years as at the age of 21, apply presumptions of fact arising from his knowledge and his and it has been argued that because he is not as capable of doing experience; but if he were sitting as a judge submitting the trial manual labor at 62 as at 21 it justifies this order. of a question of fact to somebody else he would not have any au Now, suppose this had led the Secretary of the Interior to the thority to lay down any rule governing it. So says Mr. Green conclusion that 53 years was the age at which the disability ob leaf in the section from which I read. In the case put by the Sen tained. Would he then have had the right to make this order? ator the trier would consider the age, just as the age of 62 years Mr. McCUMBER. I assume that he has a right to make the ought to be considered by the trier of the disability of the appli order. If you give him the right to act upon the subject-matter cant for a pension, without any dictation to his judgment by any at all, under rules and regulations he would have the right to authority except the law. But by this legislative order the .trier make the order, though it might be an unreasonable order. Of is not permitted to consider the extent of disability produced by - course he might have a right to make an order that if the claim- sixty-two years, as the law says he shall, but the order concludes - ant was 25 years of age he was disabled from manual labor. That that arbitrarily. - order would not stand, because it would not appeal to reason, Mr. McCUMBER. Just as the Senator says, it would be tried simply because sensible men would not follow it. by a jury, it would be tried by a court commissioner if referred Mr. McLAURIN. There would be only nine years between 53 to a court commissioner, and it would be tried by the Commis and 62. Now, if he had a ri:ght to make the order fixing disability sioner of Pensions if referred to the Commissioner of Pensions. · at 53 years, that in 1900, when the act was last amended, would But what I insist is that the jury would take into consideration have taken in every man who was 18 years of age at the conclu the evidential fact of age. The commis ioner would take that sion of the war. So when the Congress of the United States did into consideration. The Commissioner of Pensions must be human not see proper to say that every man would be considered dis and must take the same thing into consideration. abled, then according to the Republican Senators the Secretary of Now, if you admit that it is to be regarded as an evidential fact, the Interior had a right to supplement the legislation of Congress it must be regarded as a fact for some purpose. For what purpose? and to enact by order. Every soldier who was in the war at any For the purpose of determining disability. If you admit that it time was to be considered.disabled unless the Government proved is for the purpose of determining disability, then you must admit him able. that it must be given some value; and if it is given some value, 1904. CONGRESSIONAL RECORD-SENATE. 5235 what value shall be given to it? Experience has determined that Mr. ELKINS and Mr. SCOTT addressed the Chair. the value should be one-half of the ability to perform manualla- Mr. McCUMBER. I have not concluded, but I will yield the bor. That is all there is to it. floor, so far as making any remarks are concerned, to the Senator Mr. McLAURIN. Mr. President, doubtless every trier of the from West Virginia, who desires to bring up some matter this question of the disability of the applicant would take into con- afternoon that is quite urgent. sideration in connection with all other testimony the age of the Mr. ELKINS. I ask unanimous consent that the pension ap- applicant. propriation bill be laid aside temporarily, and that the Senate pro- Mr. McCUMBER. That is just what I was going to say. ceed to the consideration of Ho·use bill14754, the emergency river Mr. McLAURIN. Wait a moment. He would take that into and harbor bill. consideration if it was shown in evidence in connection with other Mr. SCOTT. I had hoped that the Senator from North Dakota evidence of his disability. But the objection to this law enacted would yield to me a moment, I being a member of the Pension by the Secretary of the Interior is that it does not propose to take Committee, before yielding to my colleague, that I might say a· the age of the applicant into consideration in connection with evi- I word on the matter of pensions, but, of course, if he has yielded dence of other disability, but proposes to fix that as establishing to the senior Senator from West Virginia, I must submit. absolutely in every case the disability of the applicant. Mr. McCUMBER. I will yield to whoever the Chair recognizes Mr. MALLORY. The fact that he is one-half disabled. first. I have no choice in the matter of yielding. Mr. McLAURIN. Yes; one-half disabled. It must be a pre- Mr. ALGER. .Mr. President- sumption of fact. then. The Commissioner or the Secretary of The PRESIDENT pro tempore. The Chair recognizes any Sen- the Interior has no right to lay down presumptions of fact. He ator who rises and addresses the Chair and has an appropriation has no right to fix a rule of law because the. making of the law bill in charge. pertains to Congress. The le~slative power is in Congress, and RIVER AND HARBOR IMPROVEMENTS. it can not be delegated to the Secretary of the Interior. It can 1\Ir. ELKINS. I ask that the present order of business be laid not be delegated to courts; it can not be delegated to any other aside temporarily, and that the Senate proceed to the considera- authority. But the presumption of fact is for the trier of the tion of House bill 147M. · question in each particular case. You can not lay down any rule The PRESIDENT pro tempore. The Senator from West Vir of presumptions of fact. They depend for their worth upon the ginia asks that the pension appropriation bill be laid aside tem case in hand and before the trier of the particular case, whether porarily and that the Senate proceed to the consideration of Honse it is a jury or any other trier. bill14754. Is there objection? Mr. McCUMBER. Then the position of the Senator will be There being no objection, the Senate, as in Committee of the that when the Commissioner of Pensions makes an order that the Whole, pr _; ceeded to consider the bill (H. R. 14754) providing for loss of one eye diminishes the ability one-half to perform manual the restoration or maintenance of channels or of river and har labor he is not justified in so doing, and he would also hold the bor improvements, and for other purposes; which had been re position that the loss of both eyes as constituting a disability to ported from the Committee on Commerce with amendments. perform any manual labor was not justified. Mr. ELKINS. I ask that the formal reading of the bill lllil.y Now, Mr. President, the Commissioner has a right to take tl1at be dispensed with and that it be read for amendment. into con ideration in connection with others. The PRESIDENT pro tempore. The Senator from West Vir Mr. McLAURIN rose. ginia asks that the formal reading of the bill be dispensed with, Mr. McCUMBER. Just a moment, if the Senator please. I that it then be read for amendment, and that the committee will make this matter perfectly clear before I get through. amendments shall first receive consideration. The Chair hears The Senator has contended, and contended incorrectly, that no objection. . this was the only evidence that would be considered. It is not The Secretary proceeded to read the bill. The first amendment true. It is not the case. The Commissioner of Pensions s.imply of the Committee on Commerce was, on page 1, line 3, after the provides that it shall be considered as an evidential fact. word "That " to strike out "'the sum of $3,000,000 be, and the Mr. SPOONER. Rebuttable. same is " and insert: Mr. McCUMBER. Yes, rebuttable; and if the contrary does In view of the fact that no general river and harbor bill is to be enacted not appear he will accord a certain presumption to that age, just during the present session, and in view of the necessity of temporary provi the same as he allows a presumption of amount of disability from sion for the preservation of existing work, the following sums w, and the the loss of a thumb. All these things are taken into considera same are. tion. The Senator forgets that there is another portion of the So as to read: law which the Cotnmissioner can not refuse to consider, and it is That, in view of the fact that no general river and harbor bill is to be en this: acted during the present session, and in view of the necessity of temporary And in determining such inability each and every infirmity shall be duly provision for the preservation of existing work, the following sums be, and considered and the aggregate of the disabilities shown be rated, etc. the same are hereby, appropriated, to be paid out of any money in the Treas ury not otherwise appro;pria.ted, to be immediately available, and to be ex Can the Senator contend that with that law upon the statute pended under the direction of the Secretary of War and the supervision of books the Commissioner of Pensions can simply pay no attention the Chief of Engineers, for the following purposes and under the limitations to it-that he can disregard it? On. the contrary, he must take herein set for th, to wit, etc. into consideration all disabilities, whether they be from affection Mr. GORMAN. I should like to have the Senator in charge of of 1un gs or heart or otherwise. But he also takes into consideration the bill give some explanation as to why it is that this extraordi- this other evidential fact and gives that evidential fact a certain nary provision should be inserted in the bill: · value, so that the value may be the same in every case and before In view of the fact that no general river and harbor bill is to be enacted every clerk of the Department. d"!ll:ing the present session, and in view of the necessity of temporary pr.:>- We know that the very foundation of the right of a pen ion VlBion. etc. under this law is disability, partial or complete, to perform I ask the Senator from West Virginia why it is that no general manual labor. We must not forget that foundation. Any dis- river and habor bill can be considered at this session? We were ease or failure of the vital organs affecting the physical ability a few moments ago considering a bill appropriating 8138,000,000, must be considered. If it is found that the heart is weak, a pre- and we find another on our desks, the general deficiency appro sumption of fact arises from that finding. If it is found that the priation bill, which appropriates $3,000,000 or $4,000,000 more on lungs are partially destroyed, a presumption of fact arises from account of pensions and various other things. Why is it that we that finding. If it be established that the stomach is impaired, a can not consider and deal with the question of the improvement presumption of disability follows from that. of the great harbors of the country? · Now, a certain value j.s given to every one of those; and yet the Mr. ELKINS. 1\fr. President, this is a House bill. It came to Senator would say old age, which affects every one of these vital the Senate from the House appropriating $3,000,000 for certain organs, which tends to destroy and weaken every one of them, purposes recited in the act. The Committee on Commerce, to shall not be taken into consideration. Mr. President, it should which the bill was referred, agreed with the House bill with a be taken into consideration. few additional amendments providing for surveys. It did not Again, I put to the opposite side of the Chamber this propo i- feel authorized to bring in a general river and harbor bill, espe tion: If they maintain that this rule is an encroachment upon the cially after the action of the House. It did not think it could authority of Congress and that it is in effect making a depart- pass. That is the reason why the Committee on Commerce limited mental law, then I submit that the Department can not make a itself to the bill almost as it came from the House. law; it can pay nothing under that law, and any person can en- Mr. GORMAN. I do not quite understand the Senator from join the payment of money under it. West Virginia. The Senator from West Virginia, I understand, But I do not believe there is a Senator here who is so firm in simply says the only reason is because the bill comes here in a his position and attitude that he believes under this rule any form appropriating $3,000,000 to be expended in the discretion of action could be maintained to enjoin the Commissioner of Pen-· the Department. Do I understand him to say that that is the only sions from making payments thereunder. If he does the oppor- reason why this bill can not be amended in the Senate? tunity is open, and no doubt Congress and the Pension Bureau Mr. ELKINS. I said further it was the judgment of the com- also would be desirous to learn the limit of their authority. mittee, in the condition of the public business and having regard 5236 CONGRESSIONAL ·RECORD-SENATE. APRIL 21, - to appropriations heretofore made and the condition of the Treas this character, have sent us a bill here appropriating $3,000,000 ury, that we were not au,thorized to go further than the action of for the preservation of existing works on rivers and harbors, and the House, exc pt the few amendments which the Committee on the Committee on Commerce. as I understand. by the unanimous Commeree adopted. vote of that committee, have recommended a concurrence, with :Mr. GORMAN. Do I understand the Senator to say that the minor amendments, in that policy. I assume that that is the wish condition of the Treasury would not warrant an appropriation not only of the House of Representatives, but of the Senate. If for the great improvements that are so absolutely necessary? the Senator from Maryland has any other proposition to make or 1\fr. ELKINS. I do not know whether it would warrant it or if he desires to change this policy~ of course he has a right to try not. I will say to the Senator from Maryland that I would be to do so; and if his judgment is concurred in by a majority of the very glad to have a general river and harbor bill at this session if Senate, it will stand. we could have it, but speaking for myself, I found that we·could Mr. GORMAN. Well, Mr. President, without the cooperation 'not, and we thought we would take the present measure as it of my friend from Rhode Island I have no idea of the possibility came from the House with the amendments I referred to. of getting a majority of the Senate to agree with me. That dis Mr. GORMAN. The Senator. I trust, willmakeitalittleclearer tinguished Senator, I know, speaks by auth6rity of the majority to me why we could not have a river and harbor bill. I should of the Senate on matters of policy. · like to know the reason why we can not have it. Why is it? Mr. ALDRICH. I am afraid not; but, in a.ny event, the Sen Mr. ELKINS. This is an emergency bill simply to keep in re ator from Maryland knows as well as I that any member of the pair improvements alrea-dy made and to maintain existing improve Senate or anyone else who undertakes to prevent liberal appro ments. There is sufficient money, we know, to carry on the work priations for rivers and harbors is certainly doomed to defeat, and to this extent. very properly so, because the sentiment of the country and the Mr. GORMAN. What works? I should like to understand it. sentiment of this body is always in" favor of liberal appropriations For instance, I should like to inquire of the Senator from West for liver and harbor improvements. Virginia-- Mr. GORMAN. Yes; -l have no doubt that is true. and I have • Mr. ELKINS. The bill as it came to the Senate is one "pro- no doubt that the business interests of the country and the people viding for the restoration or maintenance of channels. or of river of the country are very anxious for proper appropriations on this and harbor improvements, and for other purposes." It relate~ to account. I have no doubt of the necessity for such appropriations, existing impro\ ements. No new work is undertaken here. and I have no doubt that that policy is favored by the Committee Mr. ALDRICH. If the Senator will permit me. I suppose it on Commerce, of which you, sir [Mr. FRYE in the chair), are the was not the intention of the committee-the bill using this lan honored chairman. I have said on many occasions, in this Cham guage-to prevent the Senator from Maryland from offering an ber and out of this Chamber, that the country is more indebted to amendment to the bill increasing an appropriation here proposed, you than to any other man for the broad and liberal policy which or making a new one, as he sees fit. has increased the commerce of the country to a greater degree Mr. ELKINS. Not at all. than has been done by any other appropriation that is made by Mr. GORMAN. I tshould like to ask my friend from Rhode the Government. You inaugurated the system which has proved Island whether he will be prepared to vote for any amendment of great economy and which is far-reaching in its importance of looking to the improvement of New York Harbor? providing for the great improvements in the harbors and rivers Mr. ALDRICH. Probably not. of the country by contracts binding Congress to appropriate a · Mr. GORMAN. I understand perfectly. then, the situation. sufficient amount to complete such improvements. That has been The Senator from West Virginia is not inclined to give a positive the work, sir, of you and your committee. answer, but it is the determination on the 'part of our friends on But for the decree coming from a source all powerful in your the other side of the Chamber. as it has been intimated elsewhere party you could have and you would have taken this matter up, by a distinguished gentleman, that we are to pursue unto the end deliberated upon it, and prepared a bill to continue thel-i e improve of this session the policy that has been inaugurated, I assume, as ments. I have no dotibt that the chairman of the Committee on a party matter. Commerce and the committee itself would have taken up the im It is decided that we shall place in the hands of an executive provements at' New York, at Baltimore, at Galveston, at Charles officer a given amount of money to be expended at his discretion, ton, as well as at the interior ports on the Lakes and the ports on limited only to expenditures on improvements heretofore author the Pacific, and made ample provision for them. ized, and in no case. as the bill came to us. shall a greater sum It is known to all men1 and perfectly so to the members of that than $50,000 be expended on any one improvement; and, as pro committee, that with the enlargement of the ships that are being posed to be amended by the Senate Committee on Commerce, no used in commerce there is scarcely a port upon the Atlantic-or on grea~(:ll' sum than $100,000 shall be expended on any one improve the Pacific that is in condition to accommodate the traffic. ment. So when the Senator from Rhode Island suggests that I should It i~ true, I believe, that on one or two occasions in an emer frame a bill or offer amendments he knows perfectly well that gency, at the end of a Congress, when we had no time for the that is not feasible in our system of legislation, and that it would consideration 6f a river and harbor bill, a gross amount has been not be wise even if it were permissible. appropriated, to be expended under the direction of the Secretary I believe that all of these appropriations should have, as the of War. rule of the Senate provides, careful scrutiny, after the esti.n}.ates If there were now an emergency. if there were a question of are made by the executive branch of the Government, by an hon time. if Congress were about to expire by limitation of the Con orable committee of this body and then be reported. stitution, I could understand that it might be well to give such But, sir. from the explanation I have received from the Senator discretion as to a limited amount. But the Senator from Rhode from Rhode Island [Mr. ALDRICH] and the frank statement of the Island [Mr. ALDRICH] was good enough to inform me-for I take distinguished Senator from West ViTginia [Mr. ELKINs], I sup it that is what this action means-that there is no intention on pose we are compelled to accept the situation and to permit this the part of the majority to consider, to give a day. or a week, if bill to go through as it is, placing in the hands of an executive so much time should be necessary, to the great improvements in officer 3,000,000, to be expended without any limitation. except all the harbors in the United States. We have reached a point as to the amount of 50,000 as provided by the House or $100,000 where party necessity. I take it, Mr. President. and party policy as the Senate committee recommends, on one particular work, require that this Congress shall adjourn without giving these and that is only to preserve improvements heretofo··e made. matters of internal improvement consideration. In addition to the amount contained in the great bill which we Mr. ALDRICH. Will the Senator from Maryland permit me have just passed for continuing work under the contract system, to interrupt him? · with 700,000.000 practically to be provided for and appropriated The PRESIDENT pro tempore. Does the Senator from Mary at this session of Congress for other work; 100.000.000 for the land yield to the Senator from Rhode Island? Army, $100,000,000 for the Navy, and 140,000,000 for pensions, Mr. GORMAN. Certainly. making practically $350,000.000 on account of expenditures grow Mr. ALDRICH. I beg to assure the Senator from Maryland ing out of the maintenance of the Army and the Navy, including that this Congress will stay here as long as he is desirous that it pensions-such expenditures being largely increased on account of shall stay here to deal with this matter or any other matter of the new possessions of ours-we are to have liberal appropria public necessity. If he desires to go into an extension or an en tions for every other object except this one which looks to the in· l io! r#!ement of the appropriations for rivers and harbors, I have no crease of the commerce of the country. doubt the Senate will give respectful consiaeration to his views, That having been determined upon, as I am now informed, whether it takes one day, one week, one montll, or a year to do so. and it being the policy to hurry away. with no intention to con Mr. GORMAN. Of course, Mr. President, the Senateisalways sider these matters so vital to our commerce, there is nothing, very kind to every Senator in giving him all the time he desires; Mr. President, that can be done on this side, as suggf!sted by the but, after all, the Senator from Rhode Island can not escape re Senator from Rhode Island. except to enter a protest against a sponsibility by such a reply. policy of this narrow character. Mr. ALDRICH. There is no disposition to escape responsi I would not offer amendments to the bill if that could properly bility. The Representatives of the people, who originate bills of be done, but under the rules it can not be. If the Senator from 1904. .CONGRESSIONAL REOORD-SEN.A.TE. 5237 Rhode Island intends to convey the impression that he would be by excavating a. channel having an available width of not less than 40 feet anti such depth as may be obtained 'fithout exceeding the said balance. glad to see it done-if he will say to me that he and other Senators That the appropriation of $20,0..0 for improving Norfork Harbor, Virginia, on that side will vote for a motion to recommit this bill to the and its approaches, continuing improvement made by act approved June 13, Committee on Commerce with instructions to bring in a regular 1902, shall, in the discretion of ·the Secretary of War, be expended in accord ance with the report submitted in Honse Document No. 74, Fifty~ighth Con river and harbor bill-I shall be very glad to unite with him; but gress, !recond session. I know it is useless to even make such a suggestion. Tha.tin order to repair the damage caused by the flood of 1903, and to restore Mr. President, I suppose the decree has gone forth that only and continue the progress of improvement in the levee system of the Missis sippi River interrupted by that flood, the Secretary of War may, as recom $3.000.000 shall be expended this year under -the provisions of mended by the Mississippi River Coilllllission, make contracts for l,CXXl.CXXl this bill for these great improvements, and that the country must worth of levee work upon the Mississippi River between Cairo and the Head be satisfied with the hundreds of millions of dollars expended for of the Passes, to be executed during the fiscal year ending June 00, 1905, but to be paid for out of the appropriation for that stretch of the river, author other purposes while we are to have only this meager appropria ized by the river and harbor act of 1002. for the fiscal year ending June 30, tion for the benefit of the commerce of the country. 1906, when the appropriation for the last-named fiscal year shall become Mr. ELKINS. I will state for the satisfaction of the Senator available. from Maryland [Mr~ GoRMA1] that under ad vices from the War The amennment was agreed to. Department this .;3.000,000 is considered to be sufficient to main The next amendment was, on page 5, after line 16, to insert as tain the existing works. to keep them in good order and preser a new section the following: vation, and that it is about as much moneya s can be economic SEc. 5. That no appropriations heretofore or hereafter made for improv ally expended until we make the regular appropriations for two ing harbors and deepening channels shall be nsed for the construction of Government dredges for nse on the Great Lake unless there s ~a.ll oe a spe years, which will come at the next session of Congress. when it cific appropriation for that purpose, designating the kind of dredge to be is believed that a regular river and harbor bill will be passed. constructed and the place for nse: PrO'!Ji.ded, however, That this provision The PRESIDENT pro tempore. The question ison agreeingto shall not apply to the dredge now being constructed for nse in L:U:<> 'firlliJmn. the first amendment of the committee, which has been stated. Mr. GORMAN. In my ju The reading of the bill was resumed. The next amendment of a 16-foot channel of suitable width and straightening and increasing the width of waterway at Shooters Island. the Committee on Commerce was, in section 6, page 6, after line The reef at Bergen Point light., with a view to its removal; and the channel 20, to inEert: between Kill von Kull and Elizabethport, with a view to straightening the CALIFOR~ll. sap1e and deepening it to 16 feet. Oaklan.j Harbor, with a view to obtaining a channel 500 feet wide and 25 Harbor of Cold Spring Inlet, Cape May County. feet 1eep from San.F!·o.ncisco Bay to Chestnut street, Oakland; thence 000 For a ship canal extending from a:J?oint in the city or Newark bolow the feet wide and 25 feet deep to Fallon street; thence 000 feet wide and 17 feet junction of the Pennsylvania and Lehigh Valley railroade, through the New dee-p to the tidal basin; thence 000 feet wide and 12 feet deep around the tidal ark Meadows and Newark Bay, to New York Bay, said ship canal to have a basin. width of 300 feet apd a depth of 35 feet. The amendment was agreed to. The amendment was agreed to. The next amendment was, in section 6, page 7, after line 3, to The next amendment was, in section 6, page 9, after line 20, to insert: insert: DELAWARE. NEW JERSEY AND PENNSYLVANIA. Wilmington Harbor, Delaware (including the Christiana and Brandywine Delaware River, between Trenton, N.J., and Philadelphia, Pa.., with a rivers), with the view to their improvement and to insure the permaneney view to deepening the channel to 17 feet. of the channel in the Christiana River to the depth of at least 21 feet. The amend'ment was agreed to. The amendment was agreed to. The next amendment was, in section 6, at the top of page 10, to The next amendment was, in section 6, page 7, after line 8, to insert: insert: NEW YORK. Lloyds Harbor, with a view to obtaining a depth of 12 feet and otherwise From the St. Jones River, at Dover, to a point on Little River, and thence improving the channel between Huntington Bay and Cold Spring Harbor, to Delaware Bay, with a view to constructin~ a canal between the said river Long Island, New York, so as to meet the demands of commerce. and the deepening and widening of Little River, so as to provide a channel suitable for the needs of commerce from Dover to Delaware Bay. The amendment was agreed to. The amendment was agreed to. The next amendment was, in section 6, page 10, after line 5, to The next amendment was, in section 6, page 7, after liiie 8, to insert: insert: NORTH CAROLINA. FLORIDA. Shallotte River, from the bar at the month of said river to the town of Shallotte, with a view of dredgin~, cleaning out, and widening the channel. The entrance of .Alaqua Bayou on Chocta whatchee Bay, with a view of se North East River, North Carolina, from Wilmington to Hallsville with a curing a depth of 6 feet of water across the bar. view to removing snags, stumps, and logs and overba.nging trees and main Caloosahatchee River from Punta Rassa. to Fort Myers, with a view of se taining the natural channel of the river, removing sand bars and securing curing a practicable channel from Fort Myers to the sea of not less than 15 the depth in said river from Wilmington to Hallsville of 4t feet at low water feet. at all times in the year. Harbor of Fernandina, with a view to establishing a harbor line and pro viding a harbor of uniform and adeql!ate depth for ocean-going vessels. The amendment was agreed to. Harhor of St. Petersburg, on Tampa Bay, with a view to securing· an Mr. SIMMONS. · Mr. President, I desire to offer an amend adequate tasin at said point for loading and unloading ocean-going vessels, ment. with a channel 200 feet in width and 24: feet in depth from said basin to the main ship channel in Tampa Bay. Mr. BERRY. I suggest to the Senator that if his amendment The amendment was agreed to. is not to one already pending it would be better for him to wait. The next amendment was, in section 6, page 7, after line 23, to Are the committee amendments disposed of, Mr. President? insert: • The PRESIDENT pro tempore. They are not. GEORGIA. Mr. BERRY. I think we should dispose of the committee The outer bar and inner harbor of Brunswick, with a view to obtain~ a amendments first, and unless the Senator's amendment i& to an channel of ample width to accommodate the commerce of said port, and ex amendment of the committee I suggest that he defer offering it tending from the wharves in said inner harb:>r, through said outer bar to the until the committee amendments are acted on. ocean and of the followin~ depths at mean high tide, to wit, 27 feet, 28 feet, 29 feet and 00 feet, respectively, with a separate estimate of the cost of obtain Mr. SIMMONS. It is not an amendment to an amendment. ing a channel at each of said depths; an~ t h~ S~retary ~f Wa~· is her~ by fur I will wait, as suggested by the Senator from Arkansas. ther directed to report whether or not m his oprmon It 1s adVISable; if these The reading of the bill was resumed. The next amendment of increased depths, or any one or more of them, shall be obtained, that the present channel across said outer bar should be straightened. the Committee on Commerce was, in section 6, page 10, after line 15, to insert: The amendment was agreed to. OR EGO~. The next amendment was, on page 8, after line 11, to insert: Youngs Bay and that portion of the Columbia River between Tongue IDAHO. Point and Fort Stevens, commonly known and designated as the ".Astoria Harbor," with a view to widening and deepening the channels and perma Salmon River, between Sa:lmon, Idaho, and the mouth of said river, with nently improving said harbor. a view to removmg obstructions. The amendment was agreed to. The amendment was agreed to. The next amendment waa, in section 6, under the subhead The next amendment was, in section 6, page 8, after line 14, to "Oregon," page 10, after line 21, to insert: insert: Coos Bay, with a view to ~ecuring a depth of not less than 25 feet at mean ILLINOIS, low tide at the harbor entrance, and a navigable channel of not less than 20 Ohio River at Metropolis, ill., with the view of improving the harbor at feet at mean low tide from the harbor entrance to the industries at the head that place and removing any obstruction to navigation in the river at that of Coos Bay; and with the view of ascertaining the feasibility of providing point. a !!lean low-water depth at the harbor entrance of 00 feet, and a 25-foot mean low-tide channel from the harbor entrance to the head of Coos Bay. The next amendment was, in section 6, page 8, after line 18, to insert: The amendment was agreed to. LOUISIANA. ~he next amendment was, after the amendment just adopted, Mermenteau River, from its headwaters at the junction of Bayous Des tom ert: Cannes and N ezpique (including tho£e portions of Lake .Arthur, Grand Lake, Tillamook bar, with a view of ascertaining the cost of securing channels and White Lake lying directly across 1ts course) to a po·nt in t he Gulf of across said bar of 13 and 18 feet in depth, respectively. Mexico beyond the bar at its mouth. with a view of ascertaining the cost of The amendment was agreed to. securing a permanent channel to a depth of atfleast 20 feet. The next amendment was, in section 6, page 10, after line 21, The amendment was agreed to. to insert: ' The next amendment was, in section 6, on page 8, after the RHODE ISLAND. ·amendment last adopted, to insert: Harbor at Newport, with a view to extending the area of light-draft an M.A.INE. chorage in the southern part of said harbor. Pawtuxet Cove, Narragansett Bay, with a view to obtaining a channel Portland Harbor, to include Fore River a hove Portland Bridge and the en 5,0CO feet in length from the head of the cove,lOO feet in width, and with a trance to Back Cove, with a view to widening and deepening the channels at mean depth of 8 feet at low water. those localities. New Meadows River, with a view to its improvement from the head of The amendment was agreed to. navigation to deep water in Casco Bay. The next amendment was, in section 6, page 11, after line 3, to Penobsco• River. from Crosby Narrows to the Bangor Bridge, with a view insert:· to widening the channel. South Branch of th'3 Penob cot River near Frankfort, with a view to wid SOUTH O.A.ROLINA. • . ening and deepening the channeL Great Peedee River, between the .Atlantic Coast Line Railroad bridge, in Marion County, and the city of Cheraw with a view to improving the navi The amendment was agreed to. gation of that part of said river by cutting across several bends or loops, The next amendment was, in section 6, page 9, after line 4, to thereby shortening and deepening the channel at those points. Wateree River, from its mouth in Santee River to Camden, with a. view insert: to obtaining a channel of sufficient depth and width to render it navigable M.ASS.ACHUSETTS. by any and all boats which can navigate Santee River as far up as"the mouth Plymouth Harbor, Massachusetts, the channel leading toward Kingston of the Wateree. and Duxbury. The amendment was agreed to. The amendment was agreed to. The next amendment was, in section 6, page 11, after line 14, to The next amendment was, in sectien 6, on page 9, after the insert: amendment last adopted, to insert: TEXAS. l'I"'EW JERSEY. The channel from Aransas Pass through_what is known as Turtle Cove to From the present channel north of Corner Stake light in an easterly direc Corpus Christi Bay. tion and north of Shooters Island to Kill von Kull, with a view to providing The amendment was agreed to. . 1904. CONGRESSIONAL RECORD-SENATE. 5239 The next amendment was, in section 6, page 11, after line 17, to Mr: SIMMONS. There are only three surveys authorized for insert: North Carolina-- VIRGINIA.. Mr. ELKINS. I make the point of order upon the amendment. The channel from deep water in Hampton Roads to the Norfolk Navy Mr. SIMMONS. I have not yet offered the amendment. I de Yard, with a view to wideningandstraighteningthesameandincreasingthe depth thereof to 00 and 35 feet, respectively. sire to offer the amendment which I send to the desk. The amendment was agreed to. The SECRETARY. After the word" channel," in line 9, page 10, The next amendment was, in section 6, page 11, after line 22, to it is proposed to insert: insert: Pamlico and Tar rivers, with a view ofsecuring an uninterrupted channel below the town of Washington of a. depth of 10 feet at mean low water and W A.SHINGTON. 200 feet Wjde, and to determine whether there should be a change from the Everett Harbor, Columbia River between Wenatchee and Kettle Falls, location of the channel for a distance of from 1 to 5 miles immediately below with a view to providing aids to navigation for flat-bottomed stern-wheel the town of Washington; also with a view of securing a channel in Tar River river steamboats. . above the town of Washington and below the town of Greenville, inclusive, Star Rock, Bellingham Bay, with a view to removing the same in accord- of a deJ?th of 5 f~t and a width of 100 feet, and to make report of such ex ance with recommendations heretofore made. aminatiOn and survey with the estimated cost of such improvement. Harbor of South Bend, Willapa Harbor. Chehalis River, between Aberdeen and Montesano. Mr. ELKINS. I suggest to the Senator to strike out one of The amendment was agreed to. those amendments and leave one in-the one he wants most. I The next amendment was, in section 6, pa.ge 12, after line 7, to wish he would make a selection. insert: Mr. SIMMONS. It is very hard to make a choice between wxsT VIRGINIA. them, as they are both so meritorious. I did not go before the Deckers Creek. and the confluence of said creek with the Monongahela committee, because the committee acted so expeditiously that I River, with the view of I'estoring, improving, and deepening the harbor de- did not know they were considering the bill until they were stroyed by flood, formerly used for the accommodation of traffic at Morgan- town. through with it. The amendment was agreed to. • Mr. ELKINS. Notices were given to Senators, and it was in- The next amendment was in section 6, page 12, after line 12, to I tended that every Senator should have one. insert· ' - Mr. SIMMONS. I was one of the unfortunate Senators who · wrscoNsiN. did not get a notice. This is a small matter. . Harbor at Oconto, in the State of Wisconsin, with a view tO obtaining a The PRESIDENT pro tempore. The question is on agreeing depth of 18 feet and ascertaining the necessity for providing an interior basin to the amendment offered by the Senator from North Carolina. outside the river channel to be used for a harbor. The amendment was agreed to. The amendment was agreed to. Mr. BACON. I wish to amend the bill on page 8, at the con- The reading of the bill was concluded. elusion of the provision in reference to Georgia. Mr. PL_t\.TT of Connecticut. On page 3, section 4, there is an I ask to be allowed to put in the RECORD a table of figures which omission. There was contained in the bill which passed the Sen- shows the increases which have been made by the various ports ate, after the word" feet," in line 15, the words- of the United States in their commerce. I call attention to the deep and of such increased width as may be desirable and practicable. fact that the increase in the port of Savannah was $35,000,000, I ask that those words may be inserted. The amendment was and that there was but one Atlantic seaport which increased more put in as it was in the original bill in the Senate, but those words than the city of Savannah, and that was the city of New York. were suggested by the engineers of the War Department, and when The city of New York and the city of Galveston are the cnly two the bill passed were in it. Atlantic and Gulf ports which exceeded Savannah in the amount The amendment was agreed to. _ of increase. I trust that it may be allowed to go in and also a short Mr. SIMMONS. I offer the amendment I send to the desk. article on the subject. The SECRETARY. On page 10, after line 15, before the subhead The PRESIDENT pro tempore. The Chair hears no objection '' Oregon,'' it is proposed to insert: to the request of the Senator from Georgia. ' That the Secretary of War is hereby directed to cause a preliminary ex- The matter referred to is as follows: amination and survey to be made of the Meherrin River, North Carolina, be tween the town of Murfreesboro and the mouth of said river, with a view of [From the New York Sun.] removing the obstructions to navigation therein and of securing a depth of MONEY WELL SPE~T-A.. STRIKING EXHIBIT-THIRTY-FIVE MILLIONS OF water 9 feet and of the necessary width, and to report the same on or before DOLLARS INCREASE IN EXPORTS IN TEN YEARS AT THE PORT OF SAVAN December, 1904, with the co3t thereof. NA.H, GA.-oUR COMMERCE BY PORT8-COliP.A..RISON SHOWING THE AS Mr. ELKINS. I thiilk it would be best to omit when there TONISHING GROWTH OF SOUTHERN BUSTh'ESS. port shall be made. To THE EDITOR OF THE SUN. Mr. SIMMONS. I have no objection to that. Sm: Comparing our exports of 1893 with those of 1903, by principal ports Mr. ELKINS. I would suggest that the general heading ap of shipment, we have the following, in round millions of dollars: plies, and that the first words of the amendment are nnnece~sary. Ports. Exports, Increase over Mt. SIMMONS. I have no objection to their omission, just so 1903. 1893. there is a provision for a survey. I The PRESIDENT pro tempore. The Senator can strike out the New York ______------$516, 000,000 $158,000, 000 first two lines, "That the Secretary of War is hereby directed to New Orleans ______------149,000,000 6!,000,000 cause a preliminary examination and survey to be made,'' and Galveston------_------___ _ 14-1 ,000,000 109,000, 000 Boston _------86, ((X), 000 3,000,000 commence" Meherrin River, North Carolina." Baltimore ____ _------84,000,000 10,000,000 Mr. ELKINS. And leave out the date when the report shall be 73, 00), 00) 00,000,000 made? §~!!ft~. ::::::::::::::::::::::::::::::: :::::: 58,000,000 35,000,000 San Francisco ______------____ ------32,000,000 4,000,000 The PRESIDENT pro tempore. Yes; that will be stricken out. Puget Sound.------ 27,000,000 23,000,000 The question is on agreeing to the amendment offered by the Sen Detroit.------.------.----- 22, OOO,m> 15,000,000 ator from North Carolina as amended. Buffalo ...... ------_____ ----- 21, 000, 000· 18,000,00) The amendment as amended was agreed to. 20,000,000 10,000,000 ~~hlfe:_t_ ~~~~-==== :::::::::::::::::::::::::::::: 15,000,000 12, 000, (XX) Mr. GORMAN. I ask unanimous consent to offer an amend Pensacola ------...... ------______15,000,000 12, 000,000 ment to an amendment. Port Huron -'------.------11, 000,000 4,000,000 Niagara.----- ...... ------ll,OOO,OOO 8,000,000 The PRESIDENT pro tempore. The amendment to the amend- 14,000,000 12,000,000 ment will be stated. . ~U:~~to~~N~C:::::::: :::::::::::::::::::::::: 20,000,000 13,000,000 The SECRETARY. On page 5, at the end of line 24, it is proposed NorfolkCharleston, ____ S.. ____ c ______. ______. ------..... ----- ______3,000,000 as,ooo,ooo to insert: 8,000,000 a2,000,000 Or any other dredge now being constructed for the Go>ernment. a Decrease. The amendment to the amendment was agreed to. The amendment as amended was agreed to. [From Savannah Morning News, March 29, 1904: ..] Mr. LATIMER. I desire to offer an amendment on page 11, A. GRATIFYING PORT EXHIBIT. line 14. after the words" Wateree River," to insert "also Con In another column we publish some figures of exports by principal por~ of shipment during the lear 1903, showing increases and decreases as com garee River from its mouth to the city of Columbia." pared with the figures o 1893. The figures are from a report of the United The amendment was agreed to. States Department of Commerce and Labor, and are official. They show that Mr. SIMMONS. Mr. President- at the port of Savannah the increase in the ten-year period amounted to the very handsome sum of $35, in the volume ot commerce. has followed. But what has been expended on In addition to ~ theie have been passed in previOUB' years the improvements for Savannah has given all that the engineers' estimates call d for, and the. figures of the Department of Collllileroo and Labor show and in recent years a number of what may be called special pen that a larg& in£:rease in the business of the IJIOF1l has followed. 'L'he foreeast sion acts, covering certain classes of claimants. These could not ot greatereomme:ree t<> result from river and h&rl>orimprovementshas. been be estimated for at the time the bills were passed. They w-are fulfilled. . passed at divers times from 1893 to 1003, inclusive. The premus The PRESIDENT pro tempore. The amendment pro.-posed by estimates have been found to be low. and therefore there will be the Senator from Georgia [Mr. BAco~] will be stated. a deficiency for the year ending June 30, 1904. in the Pension The SEcREl'.AB.Y. On page 8, after line 11 1 it is proposed to in Bureau, of an estimated amount of $2,5aO,Oao, and therefore this Seit: amendment, which has been reported by the Committee on Ptln Savannah Ri-ver and harbor with the view of obtaining a. channel ofOO sions. is asked to be inserted in the bill. The amendment provides feet at me..'ln low water from tlle- upper wha~ves of the city to the Sea.. as follows· The amendment was agreed to. For paying any deficiency which may arise during the fiscal year ending Mr. BARD. To relieve the bill o:f mmecessarymatter, I wish June 00, 1904:, by reason of recent penSlOn legislation, the sum of $-!,OCO,OOO, to withdl:aw the amendment I proposed. which sum shall become immediately available. The PRESIDENT pro. tempore.. What amendment is that? This is necessitated by reason af the- following laws, which I 1\fr. BARD. On page 5.1ine 24. think should be made note of so that Senators may undm"Stand The PRESIDENT pro tempore The Senator withdraws the why this extra amotiiit iB required. Othe:rwiE.e., it· might boas words ·' or· in San Pedro Harbor, California. H sumed that it was required on account of the new pension order. Mr. BERRY. On page 6, just before the word" California," These laws are, first. pensions to those who heretofore served in hne 21, I move to insert •• Arkansas and Missouri" and then in the Confederate army or deserted from the Union Army, bnt the matter I send to the desk. afterwards served in the Union Army. There were but few of The SECRETARY. On page 6, after line 20, insert: the Confederates who afterwards served in the Union Army until ARKA.N KS AND IDSSOURL 1M98, when we had our war with Spain. Therefore. since that That part of the St. Francis RITerbetween the 1\Iissouri and Arkansas time there have been placed upon the pension roll a large num State line- and its mouth, with a vie-w of wid-ening, deepening, and cleaning ber of tht- se soldiers, and this requires an amount which was not out the channel and permanently improving the. same for the purposes-of commerce. and to submit a plan an-d estimate far such improvements. estimated for. 1\Ir. BERRY. It is a survey simply. The second is the adding of certain oxganizations to the pension The amendment wa agreed to. ro-lls, as, for instance, tho e who served in a numbe- r of Ind.i n The bill was reported to the Senate as amended, and the amend wars. This law was passed in 1902, and includes se-veral Indian ments were conc-urred in. wars. The amendments were ordered to be engros ed and the bill to Third, the increasing of pensions for tota1 deafnegg. This was be read a third time. increased to- a considerable extent this yea-r. The bill was read the third time, and passed. Fourth, the- res_toration of widows.. dependent mothers or de pendent sisters. and those who had remarried and who had bec"Jme PENSION APPROPRIATIO~ BILL. widows afterwards. The Senate, as in Committee of the Whole, resumed the consid Fifth~ the increase of pensionB to those who lost limb in the eration of the bill (H. R~ 6738) making appropriations for the pay service of the, United States. That was inc:rea ed from se-venty ment af in alid and other pensions of the United StateB for the two to one. hundred dollars a mo:n h. fiscal year ending June nOt 1005:.. and fdr other purposes. Sixth. the increase of pensions to Mexican-war S1Il'vivors, which. Mr~ McCUMBER. Mrr President. I have here an estimate passed last year, when the amount was raised from eight to twelve which has been prepared by the Commissioner of Pensions, show dollars per month~ . ing the surviving soldiers of the civil war- on July 1, 1904., etc. I Seventh. a very large number of special acts bearing higher ask that it may be insertedas a part of my remarks. rates of pensions. The PRESIDENT pro tempore. The ChaD: hears no objection. In addition to the foregoing,. the Bureau iB doing much more The estimate referred to is. as follows· work than nsnal and the- resnlt is. a great many mo10 re~ ~ctions Su1·viving soldiers of the civil war, July 1 1904. and a great many more additions and certificate . This increase in the amount of work in the Bureau accompli he the finishing . Numllerof Years of age. N um b er o t Co n t muons I deaths in of a large amount of delayed and accumulated business. . eaeh age. death rate. one year. So it: isJ though1 it will be necessary to provide two and a half 1 million dollars more this year in the appropriation bill which may 55 and under__ ------__, _ 25 ,COO 0.450 be immediately available. Also one million ana a half on account 57------22,()()(} 1.802.02 I .444 of the extra ntrnlber of applications which followed a a result of 58 ______.-·------·------34,000 2.16 . 7'd4 this order. I will now yield to the Senatol' from West Virginia 59.------·------49,000 2.31 1.132 Mr. SCOTT. Mr. President-- 60.------·-----·------· ------59,00) 2.47 1.457 61.------·--·-----·---·------66, ------· ---- , -- --·------4.17 Average_------·--·-·--•••.. : 1 But if the Senator has indnded that in this bill which should strictly be a bill for the next year and not covering deficiencies,. Mr. McCUMBER. Mr. President, the committee has reported I will make no. question with him. It does not belong in this bill; an amendment calling for 84,000,000 in addition to what was re but if it pa ses, then of com·se I shall move to strike that item out ported·before. and that those 4,000,000 may be available for the of the deficiency bill. Regular- appropriation billB carry the es present fiscal year ending June 30, 1904. I wish to give a little timates of appropriations for the fiscal year beg:in:ning with July 1. explanation concerning this amendment. It is estimated that by The business of a deficiency bill is to provide iteiM for the rest reason of Order No. 'i'M. between this time and the 1st of July, of the year up. to- the beginning of the next fiscal ear. I shall 1904, there wm be required an additional sum to pay the claims make no qnes-tion with the Senator because he has put a deficiency that are now being considered, and upon which but little addi item in this years bill, if he has the language sufficient, and I tional proof will be reqtriJ:ed, of 1,500.000. An estimate ha_s been shall not a k to pass a duplicate bill. made of this~ an-d it will be required this year, for the reason that Mr. :McCUMBER. I call the attention of the Senator to the nearly every claimant who has reached the age of 62 years and fact that the amount of the deficieooy will be about 4,000 000 who has been granted a pension of leEs than 6 will individually for all these eases-, and the deficiency b-ill calls fmr mily 1 500,000. make a reapplication, and in fact since the order of March 15they Now. it is. just as necessary to have the ~).500,000 on account of have been making a great number of applications. the recent laws as it is to have the 81,500,000. The Commis ioner of Pensions is disposing of those cases very It seems to me more appYopriate that we should keep these pen rapidly ~and in ordernotto be behind in the payments he requires sion appropriations upon the pension bill~ and the- amendment the additional snm nf !1,500, ooa. simply pr.ovides for $4,000 ,00(} and does not designate the purpose 1904. CONGRESSIONAL RECORD-SENATE. 5241 in detail, although, of course, the report shows what it is for, Mr. HALE. The Senator, then, can settle the whole matter by except as I have stated ... for paying any deficiency which may not offering it. or I can make the point of order when he offers it. arise during the fiscal year ending June 80, 1904, by reason of re Mr. McCUMBER. I will offer the amendment which bas been cent pension legislation. the sum of $4,000,000, which sum shall reported and allow the Senator to make the point of order. become immediately available., Mr. HALE. I make the poi· t of order that it is a deficiency Mr. HALE. I did nut know. I will withdraw what I said. not to be provided for in the regular appropriation bill. But that process, carried out. would entirelyai.J olish the deficiency Mr. GORMAN. Let it be read. appropriations. The deficiency bill is a bill that of itself. not for The PRESIDENT pro tempore. The amendment will be read. one Department. but for pensions, for the Navy and the Army, The SECRETARY. In line 3, page 2, after the word "dollars," and every branch of the Government, takes into consideration the insert: que tion whether the appropriations for the past are sufficient to For paying any deficiency which may arise during the fiscal year ending run the rest of the year. If the Senator takes the grnund that on June 00, lOOi, by reason of recent pension legislation, the sum of $4,000,00Ci which sum shall become immediately available. an annual appropriation bill covering a fis ~ al year he should put in everything that is a defi ciency, that is the end of the scrutiny Mr. HALE. It is even stronger than I supposed. It states that that defidency l-l ppropriations now receive. If the Senator does it is a deficiency. that, I shall certainly make a point of order that the amendment The PRESIDENT pro tempore. The Chair sustains the point is not in order on t his bill. of order. Mr. McCUMBER. It does not make the slightest difference to Mr. SCOTT. Mr. President, I desire to detain the Senate for me whether this i allowed upon the pension bill or whether the only a moment to make a few observations on the bill and on the amount is put in the deficiency bill. I supposed it would receive question that has been raised before the Senate. the ~arne consideration upon the pension bill as upon the deficiency I am very sorr indeed that the chairman of our committee felt bill. and from the fact that the deficiency bill as reported by the it necessary to defend the action of the Department in granting House coverPd only one item. when th ~-> re were expen es that re pensions under the recent order of the Pension Bureau. My po lated to many items and whi h increased the sum. I thought it sition is that every soldier who served his country from the year best to do one of two things. either to eonsirler the whole upon the 1861 to 1865-and there was not one bov who was not needed pension bill or else to ask the Senator in charge of the deficiency and who served. it may be, for only thirty days. it may be four bill to amend that bill so as to provide for $-1,000,000 instead of years. and received an honorable discharge. is entitled to a pen· $1.nOo,ooo. ion under the understanding with this Government when the sol· Mr. HALE. If the Senator had examined the deficiency bill he diers were called into service. would have seen that that is just what it does provide for-the I speak of my friend here. the Senator from Minnesota [Mr. whole 4 000.000 of which a million and a half is to carrvontorder NELSON J. who carried a knapsack like some of the rest of us, who 78. While I have no question of priority or jealousy. I can not con did not wear epaulettes and a sword dangling by his side for honor. sent, and I do not suppose the Senatewill consent, that the whole We went to the defense of our country because we believed it was system shall be changed, and that in an appropriation bill for the our duty. The Senator here was wounded and imprisoned. He fiR('al year beginning .July 1. HJO-t. the Senator should put on items served his country for $13 a month. Does any ~nator on the which are strictly deficiencies. and which are provided for in a floor of the Senate believe that he went into the service of his deficiency bill th :.~ t has been miginated in the popular branch and country to get Sl3 a month? sent over to us. They have pnt on the $4.000.000. It is on the No, Mr. President, the country said to him when he enlisted, deficiency bill as reported to the Senate. And under these cir "We will take care of you. your widow, and your orphan:" and cumstances I think the Senator had better strike that item out of it is the duty of the Ame1ican people to-day to care for the widows his bi.l. . and orphans of the men who enlisted in the service of their country l\1r. McCUMBER. If the Senator desires to raise the point of in 1861 to 1865. order. and if the matter is taken care of in the deficiency bill. I Mr. President, we all know the inducements that were held out certainly shall not have the slightest ob.:ection to its being stricken when we were told in mass conventions and meetings-the young out. men 1~. 19, and 20 years of age, my friend here being 19 when he Mr. HALE. It is taken care of. The provision in the deficiency enlisted-that this Government would care for the soldier and bill is for 4,000.000. care for his mother and care for his widow-if it might be that be Mr. McCUMBER. I unclerstood it was only $1,500.000. had a wife-and his children. It is our duty to-day to do that Mr. HALE. No. 1t is for $4.000.000. The Commissioner of which the Government then promised. Pensions went before the House committee on the deficiency bill It does not make a particle of difference whether the deficiency ! am not speaking for the committee here, but it is due to the is $4.000,000 or $400,000,000; I am for. the soldier and his widow House-and they put in the 84.000,000 altogether, including the and his orphans that they shall be cared for. one million and a half. It is in the bill already reported. Who saved this country? Just such men as my friend here Mr. McCUMBER. I wish to ask in this connection whether it from Minnesota and my friend the Senator from Rhode Island is a matter upon which a point of order could be raised that you [Mr. ALDR CH], who put their knapsacks on their backs and are in a general appropriation bill making some of the money ap placed muskets on their shouldtrs and went to the front to de propriated immediately available. fend their country. Those are the men-others like them-who 1\-fr. HALE That is another thing. are entitled to-day to the sympathy and the care of this great Mr. McCUMBER. That is all there is in this. country of ours. Mr. HALE. You make it available, but you have items Mr. President. if my vote would carry it, every soldier to-day which are not in themselves annual appropriations, but which are who can show that he had an honorable discharge would get $'45 deficiencies. and which have always been considered as deficien a month pension, whether he was a poor man, a rich man, or cies and are considered by the House of Representatives as defi whether his widow or his orphan children were in need or not. ciE>ncies and arE> in the bill. Mr. ~resident, these pension laws of ours are a delusion and a Mr. McCUMBER. I can see that they could be placed upon snare. Nothing but red-tapism stands or has stood between the the deficiency bill, but I can not see any real objection to their just claim of the soldiers of the Union and granting to them and being upon this bill. to their widows and orphans their just rights. Mr. HALE. Then there would be no deficiency bill as to this It is all nonsense to say that the Government of the United service. States took into its service a man who was a wreck, who was an Mr. McCUMBER. Certainly. invalid at the time he enlisted. Every one of us was examined, Mr. HALE. That is not the habit or the practice. It is not as I can appeal to my friend from Minnesota. here. We went the basis upon which appropriation bills are run. Tbe House of through a rigid examination. Why should we be compelled to Representatives does not make up it.s bill in that way. It sends prove that we were healthy and strong and in good physical con this bill in. It rud not put this item on the pension bill. dition when we enlisted? If we were not, why were we accepted? Mr. McCUMBER. I will say to the Senator I am not trying to Mr. President, I tell you upon this subject I have no patience make a new rule at all. I am perfectly willing. if the Senator with this paring process. I say to my friends on the floor of the considers that a point of order will lie upon the amendment, that Senate that to the men who volunteered. to the men who carried he shall make the point of order. knapsacks, to the men who had hardtack in their haversacks and l\1r. HALE. Well, I make the point of order. a piece of salt meat, this country is to-day under obli~ation for The PRESIDENT pro tempore. The Chair observes but one the saving of our Union and our position as a power in the world's r.mendment to the bill. history. Mr. :McCUMBER. It is an amendment which has been re I\fr. President, I think that the pension laws t.o-day should be ~rted. if the Chair please. revised. As I stated in my remarks wh n I set out. I believe that The PRESIDENT pro tempore. It has not been offered. every man who served his country, it does not matter whether Mr. McCUl'tiBER. It has not been heretofore offered, but is for five days, five months, or five years, is entitled to a pension. a!fnred at this time. The Sqriptures tell us that the man who entexed into the vine- .5242 CONGRESSIONAL RECORD-SENATE. APRIL 21, yard at the last hour is entitled to just as much pay as the man The message also announced that the House had agreed to the who went in and bore the heat and burden of the day. . concurrent resolution of the Senate to print in two volumes, in I have no patience, Mr. President, with those who are continu stead of one, a comprehensive index of Government publications, ally talking about 62 years of age, 68 years of age, 70 years of age, 1881 to 1903. or any other age. Any man who served his country faithfully The message further announced that the House had agreed to and was honorably-discharged should be entitled to a pension. and the concurrent resolution of the Senate to print and bind 12,000 neither the Senate nor the House of Representatives should hesi copies of the proceedings attending the unveiling of the statue of tate to appropriate a sufficient amount of money so that every Gen. William T. Sherman. one of them shall receive a pension. The message also announced that the House had passed a con Now, another consideration enters into this matter. As a mem- current resolution to print and bind in one volume, in cloth, 17,000 -ber of the Committee on Pensions we are often confronted with copies of the three separate memorial addresses on Abraham Lin the fact that some widow owns a house and lot, and consequently coln, James A. Garfield, and William McKinley; in which it re she is not entitled to a pension. The house she lives in is a home, quested the concurrence of the Senate. to be sure, but it does not secure to her a maintenance or an in come. And yet under the ruling of the Pension Bureau she is ENROLLED BILLS SIGNED. refused a pension. That is all wrong, Mr. President. The message further announced that the_Speaker of the House I do hope that the Senate will be generous and liberal in the had signed the following enrolled bills; and they were thereupon construction of the laws and in appropriating money to the pay signed by the President pro tempore: ment of pensions. A. bill (H. R. 10018) granting to the State of North Dakota 640 Mr. President, when the orators stood before us in the little acres of land, embracing the White Stone Hills battlefield and country village, in the red schoolhouse, they told us what glory burial ground of soldiers killed in that engagement; there was in front of us and what we were expected to do in de A bill (H. R. 10670) making appropriation for the support of fense of our country and what great heroes we would be if we en the Army for the fiscal year ending June 30, 1905, and for other listed. We went up and signed our names, and we were examined purposes; and and mustered into the service of the United States. We know A bill (H. R. 11518) to authorize the holding of a regular term what it cost us to bid good-by to the old mother. We know what of the district court of the United States for the western district it cost many of us to say good-by to the little sweetheart. of Virginia in the city of Bigstone Gap, Va. I say we should not be disappointed. We expected this great country of ours to provide for us and those whom we left depend GENERAL DEFICIENCY APPROPRIATION BILL. ent. I thank God that I do not need personally anything from Mr. HALE. I move that the Senate proceed to the consideration the Government of the United States, but I feel from the fullness of of House bill15054, the deficiency appropriation bill. my heart that every man who served his country should be prop The motion was agreed to; and the Senate, as in Committee of erly cared for, and that his widow and orphans should be properly the Whole, proceeded to consider the bill (H. R. 15054) making caTed for. appropriations to supply deficiencies in the appropriations for the The bill was reported to the Senate as amended, and the amend fiscal year ending June 30,1904, and for prior years, and for other ment was concurred in. purposes; which had been reported from the Committee on Ap· The amendment was ordered to be engrossed, and the bill to be propriations with amendments. read a third time. Mr. CULLOM. Mr. President- . The bill was read the third time, and passed. Mr. HALE. I wish to announce that to-morrow morning, after the routine morning business, I shall ask the Senate to continue MESSA.GE FROM THE HOUSE. the consideration of this bill. . A message from the House of Representatives, by Mr. W. J. UNRESERVED LANDS IN NEBRASKA, BROWNING, its Chief Clerk, announced that the House had passed the following bills: Mr. DIETRICH. I am authorized by the Committee on Public A bill (S. 2034) directing the issue of a duplicate of a lost check, Lands, to whom was referred the bi.U (H. R. 14826) to amend the drawn by Arthur J. Pritchard, pay director of the United States homestead laws as to certain unappr_opriated and unreserved lands Navy, in f-avor of the Davis Coal and Coke Company; in Nebraska, to report it with amendments, and I ask for its im A bill (S. 2385) providing for holding regular terms of the cir mediate consideration. cuit and district courts of the United States at Great Falls, Mont.; Mr. PLATT of Connecticut. Let the bill be read for informa A bill (S. 2842) to amend an act entitled ''An act to authorize tion. the Montgomery Bridge Company to construct and maintain a The PRESIDENT pro tempore. The bill will be read. bridge across the Alabama River near the city of Montgomery, The Secretary read the bill; and there being no objection, the Ala.," approved March 1, 1893; Senate, as in Committee of the Whole, proceeded to its considera A bill (S. 3292) amendatory of an act entitled "An act to pro tion. vide a permanent census office," approved March 6, 1902; and The fu·st amendment of the Committee on Public Lands was, in A bill (S. 5259) to amend an act entitled "An act authorizing section 1, page 2, line 18, after the word" irrigate," to strike out the construction of a bridge across the Cumberland River at or "by means of water conducted from natural streams by gravity" near Carthage, Tenn.," approved March 2, 1901. and to insert " under the national irrigation law or by private The message also announced that the House had passed the fol enterprise;" and in line 23, after the word "aforesaid," to strike lowing bills; in which it requested the concurrence of the Senate: out" through operations under the national irrigation law or by A bill (H. R. 14533) to change and fix the time for holding the private enterprise;" so as to make the section read: district and cii·cuit courts for the northern division of the east That from and after sixty days after the approval of this act entries made ern district of Tennessee; under the homestead laws in the State of Nebraska west and 110rth of the A bill (H. R. 15010) to amend section 6 of "An act to authorize followin"' line, to wit, beginning at a point on the boundary line }:>etween the .States ofSouth Dakota and Nebraska where the first guide meridian west of the construction of a bridge by the New York, Chicago and St. the sixth principal meridian strikes said boundary: thence running south Louis Railroad Company and the Chicago and Erie Railroad Com along said guide meridian to its intersection with the fourth standard parallel north of the base line between the States of Nebraska and Kansas; thence panyacrosstheCalumetRiveratornearthe?ityofHainl!lo~d,Ind., west along said fourth standard parallel to its intersection with the second at a point about 1 200 feet east of the Indmna and Illino1s State guide meridian west of the sixth principal meridian; thence south along said line, and about 100 feet east of the location of the present bridge second guide meridian to its intersection with the third standard parallel north of the said base line; thence west along said third standard parallel to of the New York, Chicago and St. Louis Railroad Company across its intersection with the range line between ranges 25 and 26 west of the sixth said river; also to authorize the construction of a bridge by the principal meridian; thence south along said line to its intersection with the Chicago and State Line Railroad Company across said river at the second standard parallel north of the said base line; thence west on said standard parallel to its intersection with the range line b3tween ranges 00 point where said company's railroad crosses said river in Hyde and 31 west; thence south along said line to its intersection with the boundary Park Township, Chicago, ill., being at the location of the present line between the States of Nebraska and Kansas, shall not exceed in area 640 bridge of said company across said river in said township," ap acres, and shall be as nearly compact in form as possible, and in no event proved July 1, 1902; over 2 miles in extreme length: Pro-vided, That there shall be excluded from the provisions of tllis act such lands within t?-e 1!erritory herein described a_s A bill (H. R. 15195) authorizing the construction of a wagpn, in the opinion of the Secretary_ of th~ :f?:ltel!-or 1t may be reasonably prayti toll, and electric-railway bridge over the Missouri River at Lex ca.ble to irrigate under the national 1rr1gation law or by private enterpr1se; ington. Mo.; and and that said Secretary shall~, prior to the date above mentioned, designate and exclude from entry unaer this act the lands, particularly along the A bill (H. R. 15228) establishing a regular term of the United North Platte River, which in his opinion it may be possible to irrigate as States circuit and district courts at East St. Louis, Til. aforesaid and shall thereafter, from time to time. open to entry under this The message further announced that the Honse had agree,d to act any of the lands so Axcluded., which, uyon further investigation, he may the report of the committee on conference on the disagreeing votes conclude can not be practically irrigated m the manner aforesaid. . of the two Houses on the amendments of the House to the bill The amendment was agreed to. (S. 4769) validating certain conveyances of the Northern Pacific The next amendment was, in section 2, page 3, line 13, after the Railroad Company and the Northern Pacific Railway Company. word" entered," to insert" but final entry shall not be allowed I 1904. CONGRESSIONAL RECORD-SENATE. 5243 The motion was agreed to; and the Senate proceeded to the consideration of executive business. After one hour and fifteen minutes spent in executive session the doors were reopened, and (at 6 o'oclock and 15 minutes p. m.) the Senate adjourned until to-morrow, Frj.day, April22, 1904, at 12 o'clock meridian. NOMINATIONS. Exeeutive nominatio'[LS received by the Senate April 21, 1901,. PROMOTIONS IN THE N.A. VY. . Lieut. (Junior Grade) William T. Tarrant to be a lieutenant in the Navy from the 18th dpy of March, 1904, vice Lieut. William R. Shoemaker, promoted. Lieut. (Junior Grade) Walter B. Tardy to be a lieutenant in the Navy from the 2d day of April, 1904, vice Lieut. Isaac K. Sey mour, promoted. Asst. . Surg. Samuel S. Rodman to be a passed assistant surgeon in the Navy from the 14th day of December, 1903, having com- pleted three years' ~ervice in his present grade. POSTMASTERS. ARKANSAS. William Miller to be postmaster a/:, Dermott, in the county of Chicot and State of Arkansas. Office became Presidential April 1, 1904. James E. Wickersham to be postmaster at Yellville, in the county of Marion and State of Arkansas. Office became Presi dential April!, 1904. F. W. Youmans to be postmaster at Lewisville, in the county of Lafayette and State of Arkansas, in place of Mary J. Smith, resigned. FLORIDA. Harry C. Budge to be postmaster at Miami, in the county of Dade and State of Florida, in place of Harry C. Budge. Incum bent's commission expires May 4, 1904. Roy S. Hanna to be postmaster at St. Petersburg, in the county of Hillsboro and State of Florida, in place of Roy S. Hanna. In cumbent's commission expired March 22, 1904. GEORGIA. Harry S. Edwards to be postmaster at Macon, in the county of Bibb and State of Georgia, in place of Harry S. Edwards. In cumbent's commission expires May 9, 1904. ILLINOIS. John Murvin to be postmaster at Louisville, in the county of Clay and State of illinois. Office became Presidential January 1, 1904. INDIANA. Henry Wood to be postmaster at Loogootee, in the county of :Martin and State of Indiana, in place of Henry Wood. Incum bent's commission expires May 4, 1904. IOWA. Ezra Bradford to be postmaster at Wellman, in the county of Washington and State of Iowa. Office became Presidential AJ>ril 1, 1904. KANSAS. W. H. Smith to be postmaster at Colby, in the county of Thomas and State· of Kansas, in place of Robert M. McGonigal. Incum bent's commission expired January 27, 1903. MASSACHUSETTS. Frank E. Nichols to be postmaster at Warren, in the county of Worcester and State of Massachusetts, in place of Frank E. Nichols. Incumbent's commission expires April27, 1904. MICHIGAN. HenryS. Wickware to ~e J?OStm~ster at Cass City, in the county of Tuscola and State of Michigan, m place of HenryS. Wickware. Incumbent's commission expires April27, 1904. NEBRASKA. James H. Overman to be postmaster at Stella, in the countv of Richardson and State of Nebraska. Office became Presidential January 1, 1904. Jessie W. Phillips to be postmaster at Table Rock, in the county of Pawnee and State of Nebraska, in place of Jessie W. Phillips. Incumbent's commission expired December 19, 1903. NEW MEXICO. Frank A. Hill to be postmaster at Raton, in the county of Col fax and Territory of New Mexico, in place of Thomas W. Collier, deceased. NEW YORK. - Edward A. Cowles to be postmaster at Patchogue, in the county of Suffolk and State of New York, in place of Edward A. Cowles. Incumbent's commission expires May 4, 1904. Anna V. T. Smith to be postmaster at Bronxville, in the county of Westch:ester and State of New York. in place of Anna V. T. Smith. Incumbent's commission expires May 4, 1904. . 5244 CONGRESSIONAL -RECORD-HO-USE. APRIL 21, Oliver H. Tuthill to be postmaster at Rockville Center, in the John F. Mains to be postmaster at Stronghurst, in the county county of Nas an and State of New York, in place of Oliver H. of Henderson and State of Illinois. Tuthill. Incumbent's commission expires May 2, 1904. Sealy B. Moody to be postmaster at Lagrange, in the county of omo. Cook and State of lllinois. Louis A. Koons to be postmaster at Massillon, in the county of Elmer .E. Smith to be postmaster at Clayton, in the county of Stark and State of Ohio. in place of Louis A. Koons. Incumbent's Adams and State of illinois. commission expires June 5, 1904. INDLU"A.. Hugh S. Espey to be postmaster at Rising Sun, in the county of OREGON. I Ohio and State of Indiana. William H. Leitner to be postmaster 'at Huntington, in the John A. Hall to be postmaster at Cicero, in the county of Ham county of Baker and State of Oregon. in place of William H. Leit ilton and State of Indiana. ner. Incumbent's commission expired March 13, 1904. Hamlin Smith to be postmaster at Brownstown, in the county PE..'\'NSYL VANIA.. of Jackson and State of Indiana. Henry D. Ruth to be po tmaster at Lansdale. in the county of TEXAS. Montgomery and State of Pennsylvania, in place of Henry D. Frankie Houssels to be postmaster at Childress, in the county Ruth. Incumbent's commission expired April 16, 1904. of Childress and State of Texas. Samuel A. Smith to be postmaster at Indiana, in the county of Indiana and State of Pennsy vania, in place of Samuel A. Smith. Incum b ent s commission expires April 27. 1904. Daniel Williams to be postmaster at Sharon, in the county of HOUSE OF REPRESENTATIVES. :Mercer and State of Pennsylvania. in place of Daniel Williams. Incumbent's commission expires May 9,.1904. THURSDAY, .Apn"l21, 1~04.' SOUTH DAKOTA. The House met at 12 o'clock m. Jo ~ eph Kubler to be postmaster at Custer, in the county of Prayer by the Chaplain Rev. HENRY N. Coumi!N, D. D. Cu,ter and State of .South Dakota, in place of Joseph Kubler. The Journal of the proceedings of yesterday was read, corrected, Incmnbent·s commission expires May 4t 1004:. and approved. TE...~TESS EE . AFFECTING llA...1\ffiER OF IMPORT.A.TIO~. Edwin C. Alexander to be po tmaster at Elizabethton, in the Mr. GROSVENOR. Mr. Speaker, I call up the privileged bill county of Carter ana State of Tenne see. in place of Senorita V. (S. 2816) to amend section 3095 of the Revised Statutes of the Alexander. Incumbent's commission expires May 7. 1~04. United States, relating to manner of" importation, which I shall Gus Cate to be postmaster at Cleveland, in the county of Brad send to the desk and ask to have read. lef and State of Tennessee. in place of James K. P. Marsha.ll. The Clerk read as follows: Incumbent's commission expired March 31, 1904. He it enacted, etc., That section 30~ of the Revised Statutes is hereby George B. Henegar to be postmaster at McMinnville, in the amended so a.s to reaa a.c; follows: •• SEC. 0095. Except in the districts on the northern, northwester~~ west county of Warren and State of Tennes ee, in place of Asa H. ern boundaries of the United States, adjoining to the Dominion of da., or Faulkner. Incumbent's commission expired February 20, 1904. into the districts adjacent to Marico, no merchandise of foreign growth Ol' manufacture subject to the payment of dutle shall be brougllt into the TEXAS. United States from any foreign port in any other manner than by sea. nor J. B. Campbell to be postmaster at Alvarado, in the county of in any ve%-el of less than . 0 net register tons. or landed or unladen at any other port than is directed by law, under the penalty of seizure and forfeit Johnson and State of Texas, in place of George W. Cotter. In ure of all sucll vessels andof the merchandise rmported therein, laden orun cuwbent's commission expired January 10, 1903. laden in anv other manner." James I. Carter to be postmaster at Arlington, in the county of SEC. 2. This act shall take effect one month after its passa.ooe. Tarrant and State of Texas. in place of James I. Carter. Incum Mr. SMITH of Kentucky. Mr. Speaker, I would like to hear bent's commission expired March 31, 1904. some explanation of the bill. Owen Ford to be postmaster at San Marcos, in the county of Mr. GRO::;VENOR. Mr. Speaker, the pre ent law regulating Hays and State of Texas, in place of Owen Ford. Incumbent's the importation of goods into the northwestern ections of our commission expired January 10, 1903. country was passed prior to the creation of the Puget Sound dis Charles C. Littleton to be postmaster at Weatherford, in the trict. The language in the law at present is" except into the dis county of Parker and State of Texas, in place of William F. tricts hereinbefore described," and that description. therefore, Wieland, deceased. · did not cover the Puget Sound district. The crPation of the Marion D. Townley to be 1postmaster at Valley Mills, in the Puget Sound district brings about this strange condition of facts, county of Bosque and State of Texas. Office became Presidential that the law is different, or rather. there is no law at all regulat April1, 1904. ing this question in the matter of importations into that district. WASHINGTON. The Treasury Department aslrs that we make the present law George W. France to be postmaster at Hoquiam, in the county conform to the present conditions of the districts in the North of Chehalis and State of Washington, in place of George W. west. France. Incumbent's commission expired December 14, 1903. Mr. SMITH of Kentucky. The bill comes from the Committee John 0. Wilson to be postmaster at Cosmopolis, in the county on Ways and Means? of Chehalis and State of Washington. Office became Presidential Mr. GROSVENOR. It comes with a unanimous report from the Committee on Ways and .Means, and is recommended by the October 1, 1903. WEST VIRGmA.. Treasury. Mr. LIND. Mr. Speaker, does it affect the imports from Albert G. Holt to be postmaster at Kenova, in the county of abroad? Wayne and State of West Virginia. Office became Presidential Mr. GROSVENOR. Certainly not, because they can not do January 1, 1904. that. This is a simple change in the languacre of the present law. WISCO~. It strikes out the words "hereinbefore described " and puts it in Murdick W. McAskill to be postmaster at Glidden, in the county the form as read by the Clerk. of A bland and State of Wisconsin. Office became Presidential Mr. LIND. It does not affect the bonding privilege? April1, ~904:. Mr. GROSVENOR. Not at all. It simply conforms the law to the new condition of the districts. CONFIRMATIONS. Mr. PAYNE. It makea it the same as it is with Canada and Mexico. ExeCidi.ve nominations confirmed by the Senate April ~1, 190.1,. Mi·. GROSVENOR. It makes the law exactly as it is with PROMOTIONS IN THE NAVY. Canada and Mexico; it makes a uniform operation throughout that whole section of th~ country. Lieut. Chester M. Knepper to be a lieutenant-commander in The SPEAKER. The question is on the third reading of the the Navy from the 1st day of Janna~, 190-4: . . . . · Senate bill. Ensign Walter M. Hunt to be a lieutenant (Jumor grade) m The bill was ordered to be read a third time, read thethh·d time, the Navy from the 28th day of January, 1904. and nassed. POSTMASTERS. ori motion of Mr. GROSVE...~OR, a motion to reconsider the last IL~-om. vote was laid on the table. Archibald W. Fletcher to be postmaster at Highland Park, in UNANIMOUS CONSENTS. - the county of Lake and State of lllinois. _ The SPEAKER. The Chair desires to state to the House that John Grierson to be postmaster at Monison, in the county of he has memoranda from many Members asking for the passage V7hiteside and State of lllinois. of court and bridge bills and bills that probably would not be ob-