7480 CONGRESSIONAL -RECORD-HOUSE. JUNE 6, .
Harry Reber Beery, May 15, 1910, to fill an original vacancy. Robert L. Irvine~ · James Rudolph Mount, May 16, .1910, to fill an original Turner F. Caldwell, vacancy, · Walter B. Woodson, and Royal Reynolds, May 17, 1910, to fill an original vacancy. Gerald Howze. James Shelton Fo:x, May 18, 1910, to fill an original vacancy. The following-named ensigns to be lieutenants (junior Felix Robertson Hill, May 19, 1910, to fill an original vacancy. grade) : · Ralph Godwin De Voe, May 20, 1910, to fill an original Royal E. Ingersoll, vacancy. Louis C. Farley, Wayne Hector Crum, May 21, 1910, to fill an original vacancy. Robert L. Irvine, John Anson Burket, May 22, 1910, to fill an original vacancy. Turner F. Caldwell, Wibb Earl Cooper, May 23, 1910, to fill an original vacancy. Walter B. Woodson, Thomas Ludlow Ferenbaugh, May 24, 1910, to fill an original Gerald Howze, vacancy. John 1\1, Poole, third, William Lloyd Sheep, May 25, 1910, to fill an original va- Anthony J. James, cancy. Hugh Brown, Edgar Clyde Jones, May 26, 1910, to fill an original vacancy. Vaughn K. Coman, and Arthur Osman Davis, May 27, 1910, to fill an briginal vacancy. William P. Gaddis. Floyd Kramer, May 28, 1910, to fill an original vacancy. Lieut. (Junior Grade) Lucian Minor to be a lieutenant. Edward Leroy Napier, May 29, 1910, to fill an original va- Boatswains Frederick Meyer and Charles F. Pime to be chiet cancy. boatswains. Owen Chester Fisk, May 30, 1910, vice Capt. Willard F. Boatswain Peter Emery to be a chief boatswain. Truby, promoted January 1, 1909. Carpenters Walter R. Donaldson and Arno W. Jones to be Robert Ward Holmes, May 31, 1910, vice Capt. Frederick F. chief carpenters. · Russell, promoted January 1, 1909: Machinist George Crofton to be a chief machinist. Howard Andrew Knox, June 1, 1910, vice Capt. Edwin P. Wolfe, promoted January 1, 1909. POSTMASTERS. Harry .Blaine Etter, June 2, 1910, vice Capt, Henry S. Green leaf, promoted January 1, 1909. · ILLINOIS, William Cole Davis, June 3, 1910, vi~e Capt. Louis P. Hess, George D. Palmer, at Galva, Ill. promoted January 1, 1909. MISSOURI. PROMOTIONS IN THE NAVY. Alexander F. Karbe, at Neosho, Mo. Lieut. (Junior Grade) Herbert E. Kays; to be a lieutenant in the navy from the 31st day of January, 1910, to fill a vacancy NEW YORK. existing in that grade on that date. John H. Broad, at Morrisville, N. Y. Lieut. (Junior Grade) Isaac C. Johnson, jr., to be a lieuten :M. Emma Ferris, at Lima, N. Y. ant in the navy from the 10th day of March, 1910, vice Lieut. Charles Herbert Rich, at Cattaraugus, N. Y. James R. Combs, retired. Ensigns Herbert E. Kays .and. James S. Woods to be lieuten OHIO. ants (junior grade) in the navy from the 31st day of January, William Bowen, at Louisville, Ohio. 1910, upon the comp~etion of three years' service in present George H. Clark, at Canton, Ohio. · grade. . Edward L. Downer, at Archbold, Ohio. George W. Martin, a citizen of Massachusetts, to be a second Albert W. McCune, at Bradford, Ohio. lieutenant iri the Marine CorDs from the 2d day o! June, 1910, Gilbert D. Mcintyre, at Orrville, Ohio. to fill a vacancy existing in that grade on that date. Edwin Morgan, at Alliance, Ohio. Boatswain Allen T. Webb to be a chief boatswain in the navy Robert L. Moore, at Cuyahoga Falls, Ohio. from the 30th day of July, 1909, upon the completion of six Charles W. Searls, at Madison, Ohio. years' service in present grade. Onesirnus P. Shaffer, at Youngstown, Ohio. Boatswains Patrick J. Kenney and Frederick W. Metters to be Adelbert E. Shattuck, at Wellston, Ohio. chief boastwain·s in the navy from the 16th day of May, 1910, Samuel S. Stewart, at Columbiana, Ohio. upon the completion of six years' service in present grade. Frank F. Talley, at New Richmond, .Ohio. Gu.nners Ernest Kellenberg~r ang Augustus Anderson to be Henry D. Weaver, at Leetonia, Ohio. chief gunners in the navy from the 25th day of May, 1910, upon. S. C. Wright, at Cedarville, Ohio. the completion of six years' service in present grade. Machinist Fred W. Cobb to be a chief machinist in the navy OREGON. froni the 28th day of March, 1910, upon the completion of six James T. Brown, at Pendleton, Oreg. years' service in present grade. VIRGINIA. • POSTMASTER, J. N. Coffman, at Edinburg, Va. George J. Kispert to be postmaster at Jefferson, Wis., in place Walter S. Hunter, at Basic City, Va. of George J. Kispert. Incumbent's commission expired Febru ary 27, 1910~ HOUSE OF REPRESENTATIVES. CONFIRMATIONS. MoNDAY, June 6, 1910. Ewecutive nominations confirmed by the Senate June 6, 1910. The House met at 12 o'clock noon. SURVEYOR OF CUSTOMS. Prayer by the Chaplain, Rev. Henry N. Couden, D. D. William B. Turman to be surveyor of customs for the port of The Journal of the proceedings of yesterday was read and Nashville, in the State of Tennessee. approved. UNITED STATES DISTRICT JUDGE, UNANIMOUS CONSENT CALENDAR. Th@; SPEAKER. The Clerk will report the first bill on the Gordon Russell to be United States district judge for the Unanimous Consent Calendar. eastern district of Texas. GRANTING PUBLIC LANDS TO CITIES FOB PARK PURPOSES. UNITED STATES MARSHAL. The first business on the Unanimous Consent Calendar was Dupont B. Lyon to be United States marshal for the east the birI (H. R. 24416) to amend an act entitled "An act to ern district of Texas. authorize entry of the public lands by incorporated cities and towns for sanitary and park purposes," approved September 30, PROMOTIONS IN THE NAVY, 1890 (:26 Stats., p. 502). Lieut. Clarence S. Kempff to be a lieutenant-commander. The Clerk read the bill, as follows: Lieut. Wilbur G. Briggs to be a lieutenant-commander. Bt; 1t enacted, etc., That the act of Congress approved September 30, The following-named lieutenants (junior grade) to be lieu 1890, entitled "An act to authorize entry of the public lands by incor· porated cities and towns for cemetery and park purposes " (26 Stats., tenants: p. 502), be, and the same is hereby, amended to read as follows: Royal E. Ingersoll, "That" incorporated cities and towns shall have the ri~ht, under rules Louis C. Farley, and reg llations prescribed by the Secretary of the Interior, to purchase 1910. CONGRESSIONAL RECORD-HOUSE.
at $1.25 an acre for cemetery or sewer purposes not exceeding one Mr. MONDELL. Mr. Chairman, I will ask the gentleman quarter section of public lands not reserved for public use other than for a forest reserve, such lands to be within 3 miles of such cities or from Illinois, who is a good lawyer, to read that part of the towns; and shall also have the right to purchase at said price per acre bill, and I think he will agree with me that if the town selects such amount of land as may be reasonably necessary for public park an area that the Secretary of Agriculture believes for any purposes or for the protection of the water supply of said city or town, not to exceed 640 acres, such lands to be within 10 miles of such city reason should be retained for forest-reserve purposes he would or town: Provided, That the patents issued under this act shall con say, I shall decline to approve a patent to that particular tract. tain the reservation that the lands shall revert to the United States in Of course, if the town wanted to select other lands not timbered case the city or town shall attempt to sell or dispose of the same: Provided further, That selections under this act within forest reserves or not needed for reserve purposes, he would approye the shall be approved by the Secretary of Ag_riculture before patent is~ues : patent. And provided further, That when such city or town is situated within a mining district the land proposed to be taken under this act shall be Mr. MANN. I am not sure the construction of the statute considered as mineral lands, and patent to such land shall not authorize would, be that, for the reading of the bill is that the Secretary such city or town to extract mineral therefrom, but all such mineral of Agriculture shall approve the.selection made by these towns shall be reserved to the United States, and such reservation shall be in the forest reserves. entered in such patent. Mr. l\fONDELL. The bill says "shall approve before pat With the following amendment: ent," which indicates he need not approve, and if he does not In line 1, page 2, after the word " of," add the word "nonmineral." In line 5, page 2, after the word "of," add the word "such." approve then patent shall not issue. In line 8, page 2 strike out the word " ten " and insert in lieu thereof Mr. MANN. I do not think it would give any discretion in the word " twelve. 1' the matter. I think this bill ought to be considered in the In line 11, page 2, after the word " shall," add the following: "not occupy or use the same for such purpose or shall." Committee of the Whole. • Chanp-e the colon in line 14, page 2, to a period, and strike out the Mr. MO~TDELL. Let me suggest to the gentleman there are· words 'And pt·ovided/' in said. line 14, and all of lines 15 to 21, inclu before ouT committee bills proposing to establish small national sive, on page 2. parks really for the benefit of the people of the locality. We The SPEAKER. Is there objection? do not want to establish these national parks for local use. Mr. MANN. Mr. Speaker, reserving the right to object, I We think that the Government ought not to be burdened with would like to ask the gentleman from Wyoming what necessity the care of these small areas which are really for the benefit there is for permitting any incorporated city or town to acquire of the local community, but we do believe that the National a park 12 miles from the town. Government can well afford to sell a few acres of this rocky Mr. MONDELL. l\Ir. Speaker, it often occurs, particularly in land, worthless for any purpose ordinarily except for scenic the intermountain country, that a particularly picturesque tract purposes or park purposes, and encourage these people to sup of mountain territory, including hills and canons, lies at some port their own parks. distance from a town, and as frequently it occurs that a tract Mr. l\fANN. I see no difficulty about the matter. Report a of land of that character is the only tract anywhere near the bill that the gentleman's committee has a right to give to these town that is available or desirable for park purposes, or that towns an opportunity to purchase land for a park for the city can be utilized for park purposes. Quite a number of the in these cases. It is not necessary to establish a national park western cities in the intermountain and coast States have ac there, nor is it necessary to say that every Tom, Dick, anll quired parks at a considerable distance from their borders as Harry who may organize a little town somewhere shall have outing places for the people of the locality. · the right to purchase 640 acres of land in a forest reserve at Mr. MANN. This bill would permit any town, if it only had $1.25 an acre. 50 inhabitants-- Mr. M01'TDELL. Let me call the gentleman's attention to Mr. MONDELL. If it were incorporated. the fact that a very important provision in this bill, probably Mr. l\!ANN. If it were incorporated, and it is not, I suppose, more important than that which provides for the establish difficult to incorporate under some general law in most of the ment of the parks and is the provision which allows towns to States and Territories, and to acquire· 640 acres of possibly purchase lands for the protection of their water supply. valuable land for $1.25 an acre, even though it might be 12 Mr. MANN. They propose to purchase 64-0 acres of land 12 miles away. The other day we tried to give to a city in Okla miles away for the protection of their water supply? The homa a tract of 640 acres of land worth half a million dollars, proposition in itself is ridiculous. and that city refused to take it, because it would cost some Mr. MONDELL. The town in which I liTe brings its water thing to maintain it, and yet it is proposed here to give every supply from springs 12 miles away. It does not want to pur little town 640 acres-- chase land, because the land was purchased years ago; but it Mr. MONDELL. Oh, I hope the gentleman is not charging is bringing its :water supply that distance, and so are other me with the action of Oklahoma in that regard. towns on the public domain. Many, in fact the majority, of Mr. MANN. No; but I think their action was quite natural, towns and cities in the West receive their water supply from and I suppose there is no more reason to believe that a little a watershed more than 12 miles distant. town in Oklahoma or Colorado or New Mexico or Arizona would Mr. STEPHENS of Texas: If the gentleman will allow me, select a piece of timber land 12 miles away and really maintain Colorado City is supplied from the foot of Pikes Peak, r think it as a park than there was to suppose that these gentlemen about 10 miles from the city, and that is the case in a good from Oklahoma would maintain their piece for a park. many of these towns where the railroads built new towns on Mr. MONDELL. One reason why the committee brought in the plains-- this legislation is because the committee is constantly impor Mr. MANN. Colorado City is nothing but a bum town and- tuned to establish national parks in these western mountain Mr. STEPHENS of Texas. And that condition obtains along regions, and the Committee on Public Lands, believing it the Rio Grande, where they have had to go back in the moun reflects the view of the House in that regard, is not favorable tains to get their supply of water. to the establishment of national parks over small areas, and Mr. MANN. And they do not drink any water there. where conditions are not essentially dissimilar from those that Mr. MONDELL. This legislation is certainly much better exist generally in a mountain region, because of the fact :that than pppgun legislation, providing for towns here and there by it lays an obligation fo1· maintenance on the General Govern separate bills. ment; but we do believe that where a city or town is willing l\fr. l\fANN. Mr. Chairman, for the present I must object. to maintain one of these parks for the benefit of the citizen~ I think this bill ought to be considered in the Committee of the we ought to encourage the town to do it and give the town an Whole House on the state of the Union. opportunity to do it. And I will say to the gentleman it is almost inconceivable that any territory that could be bought RECONVEYANCE OF CERTAIN LANDS TO THE UNITED ST.A.TES. in this way, or would be purchased by a town, would be of any considerable value except for scenic or park purposes. If The next business on the Unanimous Consent Calendar was it is in a forest reserve, and therefore land that might contain the bill (H. R. 22385) authorizing the reconveyance to the any considerable amount of timber, the patent can not issue United States of land occupied or needed in carrying out the except upon the approval of the Secretary of Agriculture. provisions of the act of June 17, 1902, and the selection of land·s There are no timbered lands in that region outside of the re in lieu thereof. serves, and the timbered lands can not pass unless the Secre The Clerk read the bill, as follows: tary of Agriculture approves. Be it enacted, etc., That the Secretary of the Interior be, and he is l\fr. MANN. I do not think this gives the Secretary of Agri hereby, authorized to accept, on behalf of the United States, properly executed and duly recorded deeds reconveying to the United States in culture any arbitrary power to refuse to approve. The bill fee simple lands which have been donated{ patented, or certified to any purports to give cities and towns the right to do something, State or Territory by act of Congress wh ch may be occupied, .used, or and all the Secretary of Agriculture can do is to approve. He needed, in whole or in part, in carrying out the provisions of the act of June 17, 1902, known as the reclamation law, or of sectiol'..L 4 of can not arbitrarily refuse to approve where the city has a the act of August 18, 1894, known as the Carey Act, and any State or right to do a certain thing. Territory relinquishing such lands is hereby authorized and permitted 7482 CONGRESSIONAL RECORD-HOUSE. JUNE 6,
to select an equal number of acres from the unappropriated, unreserved, nonmineral, surveyed public lands of the United States in the said State or State of Montana under their constitutions could not sell those TerrHory, for th-e same prrrpose and subject to the same conditions and lands for less than $10 per acre. They must under their con limjtations under which the lands so rnconveyed were held. stitutional provisions, if they are disposed of at all, be disposed SEC. 2. That all of the lands so reconveyed whlch are not required for the purpo, e and objeds contemplated by the said act of June 17, of at $10 an acre. But the State, anxious to have the lands 1!>02, shall, within a reasonable time, be restored to the public domain reclaimed, is perfectly willing to take lands elsewhere which upon such notice and in such manner a.s may be determined by the Sec it might have taken in the first instance. It can not get better retary of the Interior. Amend the title so as to read: "A bill authorizing the reconveyance lands than it already has, because it could have taken any to the United States, by States and Territories, of lands occupied, used, other lands in the State in the :first instance. or needed in carrying out the reclamation law or the Carey Act." Mr. STAFFORD. Does not the gentleman admit that the l\fr. STAFFORD. Mr. Speaker, reserving the right to object, State ought to contribute some land, if it has any, toward the I would like to ask the gentleman reporting the bill for an ex development of its internal affairs under the Carey Act? planation as to wherein this bill changes existing law. l\Ir. MONDELL. The State often does transfer lands that Mr. MONDELL. This bill authorizes the States to relinquish could be sold at $10 or $12 an acre to the Federal Government. to the General Government lands which are needed or necessary 'l'he State of Wyoming recently relinquished to the Federal for irrigation purpo es under the national reclamation law or Government land worth $75 and took other lands in lieu that under the Carey Act, s nd select lieu lands for the lands relin are not worth over a dollar or two an acre. quished. l\ir. MAl\TN. The gentleman~s statement is not correct. 1\Ir. 1\IA.NN. :May I nsk the gentleman in that connection in Mr. MONDELL. In what way is it incorrect? reference to the Carey A.ct bow much money does the Govern Mr. MANN. They turned over a considerable tract of land ment recefre from the d \spo ition of lands under the Carey Act? to the Government, a little portion of which may have been Mr. l\101'1)ELL. It does 1not recefre anything. worth $75 an acre ; but the tract was not worth $75 an acre l\fr. l\1A1''N. The Go' ernment turns over lands to the States and the gentleman is perfectly aware of the fact. ' or through means adopted by the States under the Carey Act? l\lr. MONDELL. But none of the land wWch the State can Mr. MOi'.'DELL. Yes. secure at this time is worth as much as the average of the land l\Ir. l\IA1'TN. That is in order to build up the States? it relinquished, and of course, taken as a whole the State re l\Ir. l\fO ffiELL. That is the intention. linquishes land of much less value than the land it will select. Mr. MANN. Yet the gentleman proposes in his bill, when the l\fr. MANN. Well, I do not know whether that is true o:r Government turns oYer some land to the State for the benefit not. of the State, for which it pays nothing, it shall then turn Mr. MONDELL. Well, I do. The State had selected these around and give the State some other land worth $1.25 an aere lands ten or fifteen years ago, when it had the entire State to or other amount, and be out twice the amount of land used. select from. It certainly can not get better lands now than the That is precisely the proposition in the bill. lands it selected ten or fifteen yea.rs ago. This bill is for the Mr. MONDELL. The gentleman misunderstands the purpose purpose of encouraging the development of irrigation projects. of the bill, and I think I can explain it to him in a moment. The department believes it ought to be done. The passage of Mr. MANN. I do not think I misunderstand it at all. this bill obviates the necessity of bringing in legislation by Mr. MONDELL. The only reason why the State desires to piecemeal providing for these exchanges. The gentleman him transfer back to the Federal Government lands that may be self does not object to the legislation when it comes in piece irrigated is because in a State like Wyoming or Idaho, the state meal As a matter of fact, it would be better legislation if we lands, no matter how worthless they may be, can not be sold leave these things in the hands of the department and allow for less than $10 an acre, and the settler can not afford to pay the transfer to be made in that way. The State gets nothing the State $10 per acre and pay the cost of reclamation in addi whatever out of it-not a penny. It is simply in the interest of tion thereto. The State is willing to make an even exchange development. to encourage development. Mr. l\IA:NN. But if the State wants to develop something l\Ir. MANN. Therefore, because the State will not sell for it always wants to do so at the expense of the Government less than that, they want the Government to give them some and does not want to contribute one cent, even for the develop other lands, where it has already given them the lands around ment of the State. the state lands. Mr. MONDELL. I have just explained to the gentleman that Mr. MONDELL. The State surrenders those lands which she under the Constitution the State can not sell or dispose of can not dispose of to the settler without imposing a burden on these lands, if it desired, at less than $10 per acre. him and takes what lands they can get in lieu of the lands sur- · l\Ir. MANN. If the State wants to make a constitution which prohibits it from the development of the State, tba.t is rendered. not the fault of Congress. Mr. MANN. To whom? l\Ir. MONDELL. If there was any fault, it was the fault ot l\Ir. MONDELL. To the Government. Congress. They put that in the enabling act, I suppose, to Mr. :MANN. Not at all. The Government is giving the lands meet the views of gentlemen, who feel like the gentleman from to the State. You include those state lands in the lands given Illinois in regard to public lands, in order to prevent· us by the Government to the State and then want the Government from frittering away our lands, as they say was done in Illi to give you other land in addition. nois, as is shown in the debate on the floor when the limitation l\fr. MONDELL. The gentleman realizes that the grant to was put upon the disposition of our lands. We are not com the State under the Carey Act is in nowise a beneficence. It plaining about it. Now, the gentleman knows we can not get is simply a transfer from the Government to the State of the any better land; we can not get as good land now as we could obligation of settlement and development. have gotten and did receive at the time we made our selections l\Ir. MANN. It is no advantage to the Government, is it? years ago. Mr. MONDELL. It is, under the reclamation law. We Mr. MANN. Nor do I find any record of the department as have to spend an enormous amount of money to reclaim lands. favoring the proposition the gentleman is talking about I Carey Act reclamation costs the Government nothing. think the department is in favor of keeping it to themselves. Mr. MANN. If the Government has 100,000 acres of land in Mr. MONDELL. The department has always favored this a tract and the State has 2,000 acres of land in that tract, and .class of legislation, and the bill, as a matter of fact. introduced the Government is willing to turn over to the State the 100,000 as originally drafted, with some suggestions, was drawn by the acres of land to be used by the State in connection with the department. And the gentleman will find the report by the 2,000 acres for an irrigation project, why, then, should we Secretary of the Interior-- replace to the State the 2,000 acres of its own land which it Mr. MANN. Oh, I read the report, and it does not carry uses in connection with this project? Is it not enough for us out the contention of the gentleman at all. to give the State the 100,000 acres? Mr. M0~1DELL. Well, it recommends this legislation and Mr. MONDELL. You do not give it to the State. It is in approves it. nowise a grant to the State. A Carey Act selection is simply Mr. MANN. It recommends a part of it. the placing on the State of the responsibility for the reclama Mr. MONDELL. Of course, if the gentleman interposes an tion and settlement of lands. The State makes no money on objection, he can prevent any legislation. them. Mr. MANN. I do not expect to do that, I will say; and if Mr. MANN. The Government does not get any pay for it. anybody has a right to complain, it is not the gentleman from Mr. MONDELL. Neither does the State get a penny out of it. Wyoming, and I congratulate him on his success in getting Mr. MANN. The State is interested, however, in having the through legislation. land developed in the State. l\Ir. MONDELL. You may congratulate the people of th~ Mr. MONDELL. If the gentleman will pardon me just a United States. I am not interested in this legislation except moment, the State of Wyoming, the State of Idaho, and the as a matter of public interest. 1910. CONGRESSIONAL RECORD-HOUSE. ·7483
Mr. MANN. I am not speaking of the gentleman havins Mr. JOHNSON of South Carolina. And of course if the any personal interest in it. land is sold to the highest bidder in fee simple there could not Mr. MONDELL. I realize that. be any conditions. Mr. MANN. The gentleman has been very successful, able, Mr. MONDELL. I have no objection to the gentleman mov and efficient; but he must not expect to pass all the bills he ing to strike out the word " best" if he thinks proper, but it brings up here by unanimous consent. He has got enough of occurs to me that it might be possible that in some cases, in them. For the present I shall object. view of the character of these lands, they being fragmentary The SPEAKER. Objection is heard. and contiguous to works that have been constructed, there might SALE OF CERTAIN LANDS ACQUIRED UNDER RECLAMATION ACT. be conditions, although I am not sure that they would arise, under which in addition to the cash offer the bid might contain The next business on the Calendar for Unanimous Consent an off er to do and perform certain other things before the title was the bill (H. R. 25235) to provide for th~ sale of lands :i-c passed which would be advantageous. quired under the provisions of the reclamat10n act and which Mr. JOHNSON of South Carolina. I think this would vest are not needed for the purposes of that act. in somebody discretion which ought not to be . vested; and if The Clerk read the bill, as follows : the gentleman will accept an amendment striking out the Be it enacted, etc., That whenever in the opinion of the Secr.e~ary of the Interior any lands which have been acquired under the prov1s10ns of words "and best," after the word "highest," I will have no the act of June 17, 1902 (32 Stats., p. 388), commonly called the objection to the bill. reel am a tjon act, or under the provisions of any act amendatory there9f Mr. MONDELL. I think there is no special objection to or supplementary thereto, for any irrigation works contemplated by said reclamation act are not needed for the purposes for which they were that. I suppose there would be very few cases where the con acquired, said Secretary of the Interior may. cause said lanc1si together ditions that I have suggested would arise. with the improvements thereon, to be appraised by three d1smterested Mr. JOHNSON of South Carolina. If the gentleman does not persons, to be appoln, ted by him, and ~hereafter to sell tl!e same for not less than the appraised value at public auction to the high~st and best object, I will offer that amendment. bidder, first giving public notice o~ his intention to sell said lands !or Mr. MONDELL. If the gentleman insists on it, I will offer not less than ten or more than thirty days. SEC 2 That. upon payment of the purchase price, the Secretary o! the amendment. . . the Interior is authorized by appropriate deed to conve~ au the right, Mr. HILL. I should like to ask the gentleman a question. title, and interest of the United States of, in, and to said lands ~o ~he How were these lands originally acquired for these reclama purchaser at said sale, subject, however, to such reservations, hm1ta tions or conditions as said ·Secretary may deem proper. tion projects? SEC. 3. That the moneys derived from the sale of such lan.ds shall Mr. MONDELL. They were purchased in some cases and be covered into the reclamation fund and be placed to the credit of the .condemned in some cases. project for which such lands had been acquired. Mr. HILL. Is there any limitation in the bill by which the The amendments recommended by the committee were read, as Government shall get back what it paid or that the land shall follows: , not be sold for less than the purchase price? Strike out a.ll after the comma following the word "bidder," on line Mr. MONDELL. No; and it would not be possible to have 3 page 2 down to section 2, and insert i.n lieu thereof the following : .. •after gfving public notice of the time and place of sale by posting a limitation of that kind and make it workable, because of the upon the land and by publication for not less than thirty days in a fact that the Government might buy a tract of land which con newspaper of general circulation in the vicinity·of the land." sisted, say, of 40 acres in the bottom of a canyon, very valua Add at the end of section 2 the following : "Provided, That not over 160 acres shall be sold to any one person." ble land, and then 80 acres of practically worthless land on the adjoining hill, and buy the whole tract together in order to The SPEAKER. Is there objection? build a dam. After the dam is built the Government has no Mr. STAFFORD. Reserving the right to object, Mr. use for the tract of land on the hill, which, being of but little Speaker, as I understand this bill, it provides for the disposition value, could not be sold at the price per acre paid for the en of the surplus lands that are not needed for reclamation pur tire tract. poses, which originally have been included in the project when Mr. ·HILL. I am not going to object. I am simply asking for first planned. information. Mr. MOl\TDELL. It is for the disposal of lands which have Mr. MONDELL. I realize that. been acquired by the Reclamation Service for the construction of Mr. HILL. Do not the terms of the bill authorize the sale of the project, such portion of the lands acquired as they find are any portion of this land that has been acquired by the Govern not needed. · · ··· . ,,.;~ ment for reclamation purposes? l\Ir. STAFFORD. Can the gentleman inform the House the Mr. MONDELL. Any portion that is not needed in connec extent to which this law would apply to lands which are not tion with the project. In other words, they would not sell any needed for reclamation purposes? thing that the Government can possibly use in connection with Mr. MONDELL. There are comparatively few instances the project. where the Reclamation Service acquires tracts of land for right Mr. HILL. I do not think it necessarily follows that they of way for a ditch, or canal, or for the erection of a dam. would not. The bill certainly does give authority to sell any They sometimes find that they can purchase 160 acres or 80 portion of it, does it not? acres as cheaply as they can buy 10, 15, or 20 acres, and they Mr. MONDELL. It gives authority to sell such portions as buy the whole tract, because they do not know in all cases just are not needed. how much they will need; after the project has been completed Mr. HILL. I simply ask the question as a confirmation of there may remain the remnant of a tract so purchased that is my belief that the sooner the Government gives these lands to not needed for reclamation purposes, and this provides that the States in which they are located the better off the Govern they can dispose of those lands. ment will be. Mr. STAFFORD. The explanation of the gentleman is per The SPEAKER. Is there objection to this bill being consid . fectly satisfactory to me, Mr. Speaker. ered in the House as in Committee of the Whole House on the .Mr. JOHNSON of South Carolina. I should like to ask the state of the Union? gentleman a question. I notice that the bill provides that these There was no ·objection. fragments which are not needed may be sold on certain condi Mr. MONDELL. ]\fr. Speaker, at the suggestion of the gentle tion to the "highest and best bidder." Why put in the word man from South Carolina, I offer an amendment. " best" in disposing of land at public sale? Is not the highest The SPEAKER. The gentleman from Wyoming [Mr. MON bidder the person to whom the land should always be sold DELL] offers an amendment, which will be reported· by the Clerk. when it is sold at public auction? Mr. MONDELL. Mr. Speaker, I move to strike out, in line 5, Mr. M01'.~ELL. I presume that is true. This is the form ·page 2, the words " and best." often used, however, in matters of that kind-"highest and best The SPEAKER. The Clerk will report the amendment. bidder." It is possible that a bid might be received, however, The Clerk read as follows: for a fragment of land adjacent to a ditch or canal or daip. where there is a spoil bank and matter has been thrown out. Page 2. Une 5, strike out the words "and best." It is possible that together with the cash bid there might be an The amendment was agreed to. offer under which the purchaser agreed to do certain things The committee amendments were agreed to. with regard to the land of advantage to the service. I think The bill as amended was ordered to be engrossed and read a it is conceivable that the retention of the word" best" might be third time, was read the third time, and passed. advantageous. TheEe are fragments of land no longer needed purchased originally for rights of way-not needed after the BOUNDARY LINE BETWEEN STATES OF OREGON AND WASHINGTON. work is ~onstructed and to be J.isposed of in this way. The next business on the Unanimous Consent Calendar was Mr. JOHNSON of South Carolina. This bill provides that the Senate joint resolution 88, to enable the States of Oregon and land sba'...l be disposed of in fee simple. Washington to agree upon a boundary line between said States Mr. MONDELL. Yes. where the Columbia River forms said boundary. 7484 CONGRESSIONAL RECORD-HOUSE. JUNE 6,
The Clerk read the resolution, as follows: Secretary Qf War and the President of the United .States both Senate jo'int reso~Uon 88. request it; also both Commissioners from the Philippine Resolved, eto., That the consent of the Congress is hereby given to Islands. the State.a of Oregon and Washington to enter into such agreement or .contract as they may deem desirable or necessary, not in conflict wit4 Mr. STAFFORD. Mr, Speaker, I wish to inquire of the gen the Constitution of the United States, or any law thereof, to fix the tleman from Pennsylvan1a as to the privilege that the Delegates boundary line between said States where the Columbia Rtver now forms have in regard to the franking privilege. I 11otice that you ex aid boundary, and to ce
The amendment was agreed to.. town sites an the lots a:re now disposed o~ and in other por The bill. as amended was ordered to be engrossed and read tions of the same town sites they are not yet disposed of, and a third time, was read the third time, and passed. there is not much prospect that they eyer will be u.t the present BEAPPRA.ISEJ'.\cITNT OF UNSOLD LOTS IN RECLAMATION TOWN SITES apprnisement price. In other words, that which had every . The next business on the Calendar for Unanimous Consent prospect of being a business street oFiginally has net pnwed to was the bill ( S. 5) providing for the reappraisement of unsold be a business street at all, although the appraisement was nmde on the basis that the same would be a business street, and, as a lots in town sites on reclamation pYojects. and for other pur- result, some of the lots that were appi'Ui:sed as b-usiness lots poses. . The Clerk read the bill, as follows: are now available only for residential lots and, of cornse, will . . not sell at the appraised priee at all. Be it enacted, etc., That the Secretary of the Interior ls hereby au- .. I MOND~L 14'' th t · · · · thortzed, whenever he may deem it necesstuy, to reappraise all unsold 1 • J.l r: . .ru.u • i e gen leman :Vill permit, this legi~la- lots within town s~tes on projects und~r. the reclamation act heretofor:e- tion ~s ev1de~tly based on the assumption that the Reclamation or hereafter apprru.sed under the provisions of the aet approved April Service ha vmg appraised these lots can not change- that ap- 16, 1906, entitled "An act providing for the withdrawal from public · ' t ·th . 1
States or with Indian tribes which was In actual and exclusive use Mr. CURRIER. Yes; but we did not intend to prevent by as a trade-mark of the applicant, or his predecessors from whom he derived title, for ten years next preceding February 20, 1905: Pro that the registration of a technical mark. vided further, That nothing herein shall prevent the registration of a Mr. MA.i.~N. That fs very well. Perhaps you did not. I trade-mark otherwise registrable because of its being the name of the am not defending the attitude of the courts on the subject. The applicant or a portion thereof." questio~ is whether you do not let the bars down so that you The SPEAKER pro tempore. Is there objection? can register the name of a person, firm, or corporation as a Mr. MANN. Mr. Speaker, reserving the right to object, I trade-mark, which nobody is in favor of. would ask the gentleman in charge of this bill a question. The Mr. CURRIER. Oh, not at all. bill provides in the last proviso : Mr. MANN. I am not at all satisfied that you do not. That nothing herein shall prevent the registration of a trade-mark Mr. CURRIER. But we confine that purely to marks which otherwise registrable because of its being the name of the applicant or a portion thereof. are registerable as technical marks. Oh no · no proper name can be registered. ' ' Then the first proviso is : It That no mark which consists merely in the name of an lndlvidual, ~r. M:A-NN. says that nothing herein shall prevent the firm, corporation, or association not written, printed, impressed, or ~egist~ation of a trade-mark, otherwise registerable, because of woven in some particular or distinctive manner or in association with its bemg the name .of the applicant or a portion thereof. Why a portrait of the individual, etc., shall be registered ·under the terms does not that permit a man to have his own name registered as of this act. a trade-mark? There is an absolute conflict between the two provisions, Mr. CURRIER. Not at all and nobody can reconcile the two provisions. In one place Mr. MANN. Why not? they say distinctly in the bill that a name can not be registered Mr. CURRIER. Because his own name is not properly as a trade-mark, and in another place they say- registerable. nothing herein shall prevent - the registration of a trade-mark other Mr. MANN. Most everything is registerable. wise registrable because of its being the name of the applicant or a portion thereof. Mr. CURRIER. The gentleman is mistaken. I am not in favor of enacting legislation which on its face Mr. MANN. It is not now registerable because the law for bids it, but he can register any other name except a personal contains two provisions absolutely contradictory to each other. name. Mr. CURRIER. May I state to the gentleman there is no Mr. ~URRIER. He can not use a geographic term or a word purpose here really of broadening the first provision? This is expressmg quality. existing law-- 1\Ir. MANN. I understand. Mr. MANN. He can make up any fancy name he pleases. Mr. CURRIER. It is intending to prevent, and does prevent, Mr. CURRIER. Absolutely. Mr. ~IANN. Most names of people are fancy names. They the registering of a man's name as a trade-mark. are neither geographic nor indicative of quality. Mr. MANN. That is what it says. Mr. CURRIER. We do not intend to allow them to do that, Mr. CURRIER. That can not be done under this provision. but the court has given this construction to it. Here is a Mr. MANN. I do not think there is any question about it. Mr. CURRIER. The courts have continually held it can not mark, a perfectly proper technical trade-mark, like " Kodak " be done. or "Acme." If that happens to be a part of the name of !\. corporation, the courts have held it can not be registered under Mr. MANN. The courts have held that it can not be done this provision of the bill. Now, it simply leads to this curious under existing Jaw. The courts have not construed the proviso which ~ys you can register the name of a person, firm, or result : A company by first registering the mark and adopting corporation. the name afterwards have a trade-mark that can not be ques Mr. CURRIER. But the gentleman does not appreciate the tioned. A company can change its name so as to remove that qu8;lifying words, the requirement that it must be properly particular word from its corporate name and then register the registered. trade-mark and then readopt the old name. We do not think . M_r. ~N. :Well, perhaps not. Upon the assurance of my they should be compelled to resort to that sort of evasion, and distmgmshed friend from New Hampshire, I shall not object. there is no purpose here of allowing anyone to register anything The SPEAKER pro tempore. Is there objection? [After a which the courts do not hold is a technical mark, like "Kodak," pause.] The Chair hears none. or things of that kind. For instance, the word " Kodak" i~ The bill was ordered to be engrossed for a third reading · and part of the name of a corporation, the Eastman Kodak Com being engrossed, it was accordingly read the third time' and" pany, and that occurs in many other cases. passed. It occurred in the case of the Success Magazine, which was refused registration as a trade-mark because the word " Suc MONEYS DEPOSITED IN REGISTRY OF UNITED STATES COURTS. cess" was a part of the corporate name. But they could aban The next business on the Calendar for Unanimous Consent don that name and register and immediately adopt the name was· the bill (H. R. 18014) to amend section 996 of the Revised -.. again, and evade the law. We do not think they should be com Statutes of the United -states as amended by the act of Febru pelled to resort to an evasion of that kind, and we do not in ary 19, 1897. tend that anything shall be registered as a trade-mark which The Clerk read the bill, as follows: the court will not hold is a good technical mark. Be it enacted, etc., That section 996 of the Revised Statutes of the l\fr. :MANN. What the gentleman's committee intends and United States as amended by the act o! February 19 1897, is hereby what it says might be different of course. Now, the first pro amended so as to read as follows : ' · "SEC. 996. No money deposited as aforesaid shall be withdrawn ex viso is that a mark which consists merely in the name of an cep~ by ord~r of the judge or judges of said court, respectively, in term indi-vidual, firm, corporation, -or association under certain con or rn vacation, to be signed by such judge or judges, and to be entered ditions shall not be registered as a trade-mark. Now, there and certified of record by the clerk; and every such order shall state the cause in or on account of which it ls drawn. - has been a construction put upon that by the court of appeals " In every case in which a right to withdraw money so deposited has in the District, that that has the effect to prevent the registra been adjudicated or is not in dispute, and such money has remained tion by a corporation of its own name, whether that name be so deposited for a period of five years unclaimed by the person entitled thereto, it shall be the duty of the judge or judges of said court, re· the subject of a technical trade-mark or not. Now, the gentle spectively, to cause such money to be deposited in the Treasury of the Ulan proposes an amendment for the purpose of obviating that Unit~d States in the name of and to the credit of the United States : trouble, but it seems to me that the amendment permits the reg Promded alioays, That any person entitled to such money may there after, on petition and notice to the United States attorney and istration practically of any name as a trade-mark. · full proof of his right thereto, obtain an order of court directing Mr. CURRIER. Not at all. It does not change that one payment of such money to himself; and this act shall constitute and particle. be taken and held to be a permanent appropriation of the funds needed Xow, if the trade-mark word is a part of the name of the for the payment of all such orders." cor1~orntion, although it is a perfectly good technical mark, The amendment recommended by the committee was read, as it rnn not be registered, because it is a part of the name of the as follows: corporation. We simply want to allow a pure, technical mark Line 11, page 2, insert after the word " of " and before the word " court " the word " said.'' to be re~istered in pite of the fact that it may be a part of the c ri1orato name. I know, for I was the chairman of the com The SPEAKER pro tempore. Is there objection? mitte ~ at the time the trade-mark law of 1905 was passed, Mr. l\!ANN. Reservip.g the right to object-- tl:at """' I!e•er had any intention to pre·rnnt the registration of 1\!r. PARKER. I have charge of the bill. n JT<1l'e. technical trnae-rnark, although it might happen to be l\Ir. :MANN. I would like to ask the gentleman if he knows rnrt of tlw nnme of a corporation. who are these judges of the United States courts who, in viola 1\11·. ).L\ ~?\. You h:Hl the intention to pre·rnnt the name of tion of the law and in the interest of pets, have permitted them a rrrporntion being registered ::is a trade-mark, or the name of to keep money in banks and draw the interest and put it in , r~:Tcll being registered. as a trade-mark, as I understand it, their own pockets. exce:pt under peculiar circuwstances. Mr. PARKER._ _ T~at is not the reason for asking this change~ 1910. CONGRESSIONAL RECORD-HOUSE. 7487
Mr. .MANN. No; I am asking who the judges are. The probationer shall be provided by the clerk o! the court with a written statement of the terms and conditions of his probation at the Mr. PARKER. I do not know who the judges are, but I can time when he is placed thereon.. He shall observe the rules prescribed tell you why they have done as they did. If the money was for his conduct by the court and report to the probation officer- as di paid, under the old statute, into the Treasury of the United rected. No person shall be put -on probation except with his or her consent. States it could not be taken out of the Treasury of the United "SEC. 3. That the probation officers shall carefully investigate all States except by an action in the Court of Claims. They seemed cases referred to them by the court, and make recommendations to the to think that that was most unfair to the people who owned the court to enable it to decide whether the defendant ought to be placed under probation, and shall report to the court, from time to time as money, especially where the matter may have taken years to may be required by it, touching all cases in their care, to the end that dispose of; and they felt that it should not be paid into the the court may be at all times fully informed of the circumstances and Treasury of the United States under those circumstances. conduct of probationers. "SEC. 4. That upon the expiration of the term fixed for such proba Mr. MANN. But I understand that some of the judges have tion, the probation officer shall report that fact to the court, with a declined to order it paid in because they wanted the interest statement of the conduct of the probationer while on probation, and on it paid to some of their pets. the court may thereupon discharge the probationer from further super vision, or may extend the probation, as shall seem advisable. At any~ Mr. PARKER. That is a most unwarranted attack upon the time durfna he-probaoona1'.'y term... coud: dify_ the-rerm'.s judges. conrutions of the order o:t probation, or may terminate sue pr;oba Mr. l\IANN. I think it is wholly warranted. tion, wben in the opinion of the court the ends of justice shall req,uir~, and when the probation is so term1nated the court shall enter an order Mr. PARKER. I think it is a most unwarranted attack upon discharging the probationer from serving the imposed penalty ; or the the judges. court may revoke the order of probation and cause the rearrest of the probationer and impose a sentence and require him to serve the sentence Mr. MANN. I think the gentleman ought to be able to give or pay the fine originally imposed, or both, as the case may be, and u:s information as to who the judges are. the time of probation shall not be taken into account to diminish the Mr. PARKER. I ~sk the gentleman whether he does not see time for which be was originally sentenced. that this act meets the question; it orders the money paid into "SEC. 5. That the chief probation officer of each court shall be entitled, for himself and his assistants, to a room in the building occupied by the Treasury of the United States within five years, instead of that court. and all necessary stationery and supplies for the transaction ten years, which is the time provided by the !?resent law. It is of the business of his office, and all the probation officers except volun teer officers shall be entitled to their necessary expenses in performing legislation that has been very carefully considered. the duties of their office, under the direction of the court, the amount Jiir. MANN. I think the bill is a very proper bill and ought of the expense fo"f such stationery, supplies, and expenses to be fixed to be enacted into law; but we ought to have information when and allowed by the court upon proper vouchers submitted to it by the the g'EID.tleman's committee reports that for sixty years money probation officers, and accounts duly verified by their oath; and for the purpose of this act there is hereby appropriated the sum of $5,000, one has been lying in a bank and paying interest to pets of the half to be paid out of any money in the Treasury not otherwise appro· court, and inasmuch as $30,000 laid that way, we ought to know uriated and the other half out o:t the revenues of the District of who the judges are. Columbia." Mr. PARKER. The information comes to the committee in a The SPEAKER pro tempore. Is there objection? letter from the Attorney-General, which is e-0ntained in the Mr. MANN. Reserving the right to object, I would like to second page of the report, in which he gives the facts. I know ask the gentleman if he would have any objection to strildng no more facts than I have in the report, in the letter from the the appropriation out of this bill? Attorney-General, stating the recommendation of the previous Mr. PARKER. Mr. Speaker, I would like, before-the gentle Attorney-General. I refer the gentleman to the Attorney-Gen man asks that, to state tbnt we have cut down the salaries eral if he desires further information. and the number of persons from seven to three. We have got Mr. 1\1.ANN. If the matter had been before my committee we ten rid entirely of the commission, and leave it in the charge would have gotten some information. . of the courts. We have reduced the expenditures from $8,700 Mr. PARKER. Perhaps the gentleman would. I ask unani ~or $9,000 to an expense for s:ilaries of about $3,000, but it may mous consent for the adoption of the amendment and the pas go up to $5,000. Probation is urgently demanded, and there is sage of the bill. special demand for it in the Distriet of Columbia. Under those The SPEAKER pro tempore. The bill is on the Union Cal- circumstances, I beg that this carefully considered bill may endar. not be subject to objection. It is a small thing to do, but it is Mr. p ARKER. I ask unanimous consent that the Committee so needed in the police court 3J1.d in the supreme court of the of the Whole House on the state of the Union be discharged District of ColumQia that the judges and the commis~i rm:s from the consideration of the bill, that the amendment be hveaskecrand begged tna sue -legi !Il...b- -:- agreed to and that the bill do pass. r. !.ANN. - With due respect to the gentleman from New The SPEAKER pro tempore. Without objection, the Com .Jersey, I do not think his committee every properly had jaris mittee of the Whole House on the state of the Union will be diction, or ought to have had jurisdiction of this bilL It is discharged from the further consideration of the bill. [After a purely a District bill, which did not wlong to the Committee pause.] The Chair hears none. on the Judiciary. The amendment recommended by the committee was agreed to. Mr. PARKER. It relates to the administration of the law, The bill as amended was ordered to be engrossed for a third and we have endeavored to get it in somewhat the same form reading ; and being engrossed, was accordingly read the third as a general bill that we already have reported to the Hou e. time and passed. Mr. MANN. When I called attention in the House to the PROBATION A ID PAROLE SYSTEM, DISTRICT OF COLUMBIA.. fact that there wns some similarity between the propositions, The next business on the Calendar for Unanimous Consent it was indignantly denied that this had any relation to the was the bill ( S. 1942) for the establishment of a probation and parole bill. parole system for the District of Columbia. Mr. PARKER. What is the gE>-ntleman's proposed amend The SPEAKER pro tempore. Without objection, the Clerk ment? Does it relate to the $5,000? will read the amendment in the nature of a substitute instead Mr. MANN. It relates to the appropriation, which has no of the original bill. place in this bill. There was no objection. Mr. PARKER. Perhaps that has no place in the bill; but The Clerk read as ·follows: how about the one-half to be paid out of the Treasury, from Strike out all after the enacting claru;e and insert as follows: any sums not otherwise appropriated? "That the supr('me court of th~ District of Columbia in general term Mr. l\IANN. That will be taken care of when the appropria may appoint one probation officer, at a salary of $1,800 per annum, and tion is properly made. as many volunteer assistant probati
House committee. I can not see what is to be gained by much as a man who pleads guilty of kidnaping, rape, or arson. striking it out of this bill and putting it on the deficiency bill. A burglar armed with a deadly weapon is the most dangerous Mr. MANN. It belongs in an appropriation bill. When peo- of criminals, and I shall object to this bill, unless there is an ple want to find out about appropriations they go to appro- amendment put in to that extent, and I r~serve the right, Mr. priatjon bills, where they have a right to expect to find things Speaker, to object. of this sort. I have the honor to preside over a committee Mr. STERLING. Mr. Speaker, there are cases of burglary, that brings in a great many propositions involving the ex- I think, where the accused should be eligible to parole. There penditure of money, and we never ask the House to make an are cases where he ought not to be. This leaves it in the dis appropriation. cretion of the court. Certainly the court would not exercise the Mr. STERLING. This bill will probably go to conference, right of extending probation to a man who broke into a dwell . and by the time the conference committee have reported and ing house in the nighttime armed with a deadly weapon. If their report is acted upon by the House it will be too late to the gentleman will frame an amendment so as to exclude that get an appropriation in the way the gentleman suggests. class of burglars so as not to exclude others; for instance, a Let me say to the gentleman that the authorities of the Dis- man breaking into a chicken house and stealing a chicken, or a trict are very anxious -for the passage of this act and .to have coal shed for a lump of coaL These ought to be allowed to go it go into effect. The judges of the courts and the civic on probation in a proper case. societies of the city have urged it, and, I think, if this appro- I will say to the gentleman that the committee considered priation is stricken from the bill, it will simply mean that the that very question; but the criminal code of the District of bill will not go into effect for a year. I trust the gentleman Columbia does not make any distinction between burglary of a will not object. · dwelling, burglary of a stable, or burglary of a store, or a shop, Mr. FITZGERALD. How many probation officers are there or car. It is all housebreaking. There are no deg1.'ees of now in the District? burglary under the District Code. I will be very glad if the Mr. STERLING. None doing the work covered by this bill. gentleman can frame an amendment. The committee consid- There is a probation officer for the juvenile court. ered the question whether or not we ought not to exclude that Mr. FITZGERALD. Who appoints them? · class of burglars, but when we came to examine the code we Mr. STERLING. The judges of the supreme court appoint found some difficulty in it and we considered that it was su:ffi one, under this bill, and the judges of the police court appoint cient to leave it to the discretion of the judge. one and an assistant. I will say, further, that I think there ought to be another Mr. FITZGERALD. You mean under this bill.? crime included in the. bill, and I thought of asking unanimous Mr. STERLING. Under this bill. consent to insert " incest" in the bill along with the other Mr. MANN. They will never be appointed under this bill as crimes that are mentioned. the House passed it. When this bill comes out of conference Mr. COOPER of Wisconsin. The crime of incest is not it will be the bill prepared by the District Committee of one of nearly as dangerous, as far as human life is concerned, as is the two Houses, in all probability. burglary, where the burglar is armed with a deadly weapon Mr. PARKER. I beg to assure the gentleman that that is not and it is in the nighttime. There is not a more dangerous so. The Committee on the Judiciary will take care of their own criminal, except a man who actually commits a murder. measure. · Mr. STERLING. What would the gentleman suggest? Mr. MANN. I am glad to hear the gentleman say that, and Mr. COOPER of Wisconsin. A man convicted of burglary I hope to see that the action of the committee will prove that in a dwelling house, when armed with a deadly weapon, or a to be the fact. man who enters a dwelling house in the nighttime for the pur- llfr. TAWNEY. Mr. Chairman, I want to call the gent!~ pose of committing a felony, or a man who with intent to com roan's attention to the fact that we have probation officers in mit a burglary when armed with a deadly weapon. My recol the District of Columbia to-day, but there is no expense, either lection of the common-law definition of burglary is in a dwelling to the District or to the Federal Government, on account of house in the nighttime. their services; for the reason that there are two policemen who Mr. STERLING. No; it does not have to be in a dwelling are charged with the duty of enforcing the probation law which house nor in the nighttime. Under the code, the entering of we now have on the statute books. This work is being done any building with felonious intent is housebreaking. by them without any serious interference with the discharge Mr. PARKER. Would not this cover it-burglary of a of their other duties as policemen. We have a very large police dwelling house by night? force here. There has been no difficulty about enforcing this Mr. COOPER of Wisconsin. When the burglar is armed probationary law thus far. with a deadly weapon-yes; burglary in a dwelling house in Mr. STERLING. Mr. Speaker, I want to correct the gentle- the nighttime. man. There is no officer, no parole officer, no probation officer, Mr. PARKER. Burglary in a dwelling house in the night- or police officer that is doing the work designed to be done time; and I will add the word "incest." under this bill. There is one probation officer in the District of Mr. STERLING. I think the gentleman's suggestion is good, Columbia acting with the juvenile court; that officer's duties and I will be g1ad to see it go in. are confined strictly to probation matters and parole matters Mr. PARKER. Mr. Speaker, I will ask unanimous consent of juvenile offenders. This bill does not affect that work. That to amend the bill after line 2- probation ofiicer will continue just the same. There is no pro- l\fr. TAWNEY. Mr. Speaker, that. can not be done in that bation officer, no police officer, that is designed to perform the way. _ work to be done by this bill now under consideration. Mr. PARKER. I ask unanimous consent that the bill may be I want to say, further, in reply to the gentleman from Min- considered in the House as in Committee of the Whole. nesota, that the. probation officer that now acts does get a salary The SPEAKER pro tempore. Is there objection? of $1,500 a year, for which Congress appropriates each year. Mr. MANN. Reserving the right to object, I would like to Mr. COOPER of Wisconsin. Will the gentleman yield? ask the gentleman if. he is going to strike out this appropria- M:r. STERLING. Certainly. tion. ~ Mr. COOPER of Wisconsin. I would like to ask the gentle- Mr. PARKER. I shall do it if the gentleman insists. man if I understand the bill correctly. On page 9 I read that l\fr. TAWNEY. And also if the gentleman is going to strike "said supreme court shall have the power in any case except out the words "and as many volunteer assistant probation those involving treason, homicide, rape, arson, kidnaping, and officers, male or female, as may be required." That is in direct second conviction of a felony to ·place. the defendant on proba- violation of law. The Government ought not to accept voluntary tion." Are. these the only exceptions? Does the gentleman services and thus lay the foundation for appropriations and think that a man caught in a dwelling house-a burglar in the claims hereafter. nighttime, armed with a revolver, or a knife, or with any other Mr. PARKER. Will the gentleman take notice that if we deadly weapon-ought to be placed on probation by any court? have the bill considered in the House as in the Committee of the Mr. PARKER. I do not think the judge would ever think Whole all of those amendments can be proposed? of doing it. · Mr. MANN. Oh, well, we do not expect to spend the day .Mr. COOPER of Wisconsin. He ought not to have the oppor- on this bill in the Committee of the Whole . .tunity to do it. No amount of pull, no amount of pretended con- Mr. PARKER. If the gentleman insists, we will strike out trition, no amount of anything should ever be permitted to give the appropriation, and, Mr. Speaker, I really must say that I an opportunity to permit any court or anybody e1se to put a think that volunteer probation officers who get no salaries are man, ~o was caught in a house in the night time armed with Ithe ·most important ·part of the bill. a deadly weapon, on probation. He is there because he is a Mr. MANN. I would like to make this suggestion to the born crili.tinal. He is there because he is deadly dangerous, and gentleman: We can not in the House always have our way he ought 'to be excepted from the provisions of this act just as ·about it, and I am perfectly familiar with the fact that the 1910. CONGRESSIONAL RECORD-HOUSE. chances are if this bill goes through with the appropriation The bill was ordered to be engrossed and read a third time, stricken out, and goes into conference, when it comes back it was read the third time, and passed. very likely will have the appropriation in it. We will then have our chance, if we want it, but I would advise the gentleman to WRITS OF ERROR IN THE UNITED ST.A.TES FROM CERTAIN JUDGMENTS ngree to these amendments. IN CRIMINAL CASES. l\lr. PARKER. I said I would agree to the amendment. The next business on the Unanimous Consent Calendar was Mr. STERLING. I want to consider this proposition with the bill (H. R. 21339) providing for writs of error by the United my coll~ague for a minute. Will my colleague insist on striking States from certain judgments in criminal cases. that ·out? The Clerk read the bill, as follows: l\lr. .MA.1'\"N. I shall object to the bill unless it is stricken out. Be it enacted, etc.1. That a writ of error may be taken by and on be 1\1~ STERLING. I will ask the gentleman from Minnesota half of the United ~tates from any judgment of a district or circuit if it will be possible to get an item in the deficiency appropria court adverse to the United States in a criminal case whereby the in dictment or any part thereof has been quashed or stricken out on mo tion bill at this session of Congress? tion, demurrer, or plea in abatement; or whereby a special plea in bar l\lr. TAWNEY. I will answer that by asking the gentleman is sustained when the defendant has not been put in jeopardy ; or when he expects this bill to become a law? whereby a judgment of conviction has been arrested: Pt·ovided, That no writ of error shall be taken by or allowed the United States when Mr. STERLING. I will ask the gentleman if there will be there has been a verdict in favor of the defendant. an opportunity-- SEC. 2. That the writ of error shall be taken direct to the Supreme Mr. TAWNEY. The general deficiency bill has not yet been Court of the United States- · When the judgment rests upon the want of jurisdiction of the court; made up. We will commence the hearings on the bill to-morrow. When the defendant has been indicted for a capital offense, or, if the .l\Ir. MANN. The gentleman from Minnesota, I think, will writ be to review a decision arresting a judgment, when the defendant state that the usual custom in both the House and the Senate has been convicted of a capital crime ; is that the general deficiency bill does not pass the Senate until When the construction or application of the Constitution of the United States is involved; almost the end of the session. When the constitutionality of any law of the United States or the - Mr. TAWNEY. At the end of the session. validity of any treaty made under its authority is drawn in question ; Mr. STERLING. I think that is true. Let me ask the gentle And in all other cases the writ of error shall be taken to the circuit court of appeals, subject, however, to. the certification of questions man from Minnesota if the committee would consider this item therein by said court to the Supreme Court of the United States, and at the present time before the bill does become a law? the removal therefrom by the Supreme Court of the United States by Mr. TAWNEY. No-- writ of certiorari at the instance of either party, in like manner as pro vided for in section 6 of the act of March 3, 1891, entitled "An act to Mr.l\IANN. It is not necessary to go to the committee to get it. establish circuit courts of appeals and to define and regulate in certain Mr. TAWNEY. It can be done in the Senate or in the House, cases the jurisdiction of the com·ts of the United States, and for other if there is a law for it. purposes.'' SEC. 3. That the writ of error in all such cases shall be taken within Mr. COOPER of Wisconsin. Mr. Speaker, I would like to thirty days after the decision or judgment has been rendered and shall correct the gentleman from Illinois [Mr. STERLING] who so be ·diligently prosecuted, and shall have precedence over all other cases. promptly corrected me in regard to the common-law definition SEC. 4. That pending the pro ecution and determination of the writ of error the court pronouncing the judgment shall, within its discretion, of the term· " burglary." fix the amount of the defendant's bail, or admit him to bail on his own Mr. STERLING. If the Chair please, I do not yield to the recognizance. gentleman to be corrected on that proposition. It is wholly SEC. 5. That the act of March 2, 1907, entitled "An act providing for immaterial. This relates to the. criminal code of the District. writs of error in certain instances in criminal cases" is hereby re Mr. COOPER of Wisconsin. The gentleman is absolutely pealed. wrong in regard to the common-law definition of the term. I The SPEAKER. Is there objection? have consulted the books, and the common-law definition of the Mr. PUJO. Mr. Speaker, reserving the right to object, I term " burglary "-- would like to ask a question in regard to this matter; which is The SPEAKER. The gentleman from Illinois declines to a very important matter affecting writs of error before the yield. courts. . Mr. TA. WNEY. Mr. Speaker, inasmuch as we have a pro Mr. DIEKEMA. Mr. Speaker, in 1907, March 2, an act was bation law and a probation officer, aided by the police force, for approved providing for writs of error in certain instances in the administration of that law, and also the statement of the criminal cases. Now, that act provided that those writs of error gentleman from New Jersey that he regards the services of should be taken directly to the Supreme Court, whether from the volunteer probation officers necessary, I shall object to the con court of appeals or from the district courts. It provided that sideration of the bill. cou Id be done in the three following instances : The SPEAKER. Objection is heard. (1) From a decision or judgment quashing, setting aside, or sustain LIENS ON VESSELS FOR REP.A.IRS, ETC. ing a demurrer to any indictment, or any count thereof, where such de cision or judgment is based upon the invalidity or construction of the The next business on the Unanimous Consent Calendar was statute upon which the indictment is founded. the bill (H. R. 15812) relating to liens on vessels for repairs, (2) From a decision arresting a judgment of conviction for insuffi ciency of the indictment where such decision is based upon the in supplies, and other necessaries. validity or construction of the statute upon which the indictment is The Clerk read the bill, as follows: founded. Be it enacted, etc., That any person· furnishing repairs, supplies, or (3) From a decision or judgment sustaining a special plea in bar other necessaries, including the use of dry dock or marine railway, to a when the defendant has not been put in jeopardy. vessel, whether foreign or domestic, upon the order of the owner or owners of such vessel, or of a person by him or them authorized, shall We have added one provision providing that it shall also apply have a maritime lien on the vessel, which may be enforced by a proceed in cases where a plea of abatement has been filed. We struck ing in rem, and it shall not be necessary to allege or prove that credit out the provision that it shall only apply to cases where the in was given to the vessel. SEC. 2. That the following persons shall be presumed to have au validity or the construction of the statute upon which the in thority from the owner or owners to procure repairs, supplies, and other dictment is founded is involved, and that for this reason, because necessaries for the vessel : The managing owner, ship's husband, master, there are a very large number of cases in which the question or any per on to whom the management of the vessel at the port of supply is intrusted. No person tortiously or unlawfully in possession arises upon the indictment itself. Fault is found with the in or charge of a vessel shall have authority to bind the vessel. dictment. Some very technical objection is urged to the lan SEC. 3. 'That the officers and agents of a vessel specified in section 2 guage of the indictment, and a motion to quash is sustained by shall be taken to include such officers and agents when appointed by a charterer, by an owner pro hac vice, or by an agreed purchaser in pos the court. We provide that in such cases, as well as in cases session of the vessel, but nothing in this act shall be construed to con where the validity of the statute itself or the consh·uction of fer a lien when the furnisher knew, or by the exercise of reasonal)le dili the statute is involved writs of error may be taken. Another gence could have ascertained, that because of the terms of a charter party, agreement for sale of the vessel, or for any other reason, the change which we make is this: Instead of providing that in person ordering the repairs, supplies, or other necessaries was without every case the writ must be taken directly to the Supreme Court, authority to bind the vessel therefor. we follow the statute, which divides the jurisdiction between SEC. 4. That nothing in this act shall be construed to prevent a furnisher of repairs, supplies, or other necessaries from waiving his the court of appeals and the Supreme Court, so that in the fol right to a lien at any time, by agreement or otherwise, and this act lowing cases we provide that the writs must be taken. directly shall not be construed to atl'ect the rules of law now existing, either in to the Supreme Court-first, when the judgment rests upon the regard to the right to proceed against a vessel for advances, or in re gard to !aches in the enforcement of liens on vessels, or in regard to the want of jurisdiction of the court, then it goes directly to the priority or rank of liens, or in regard to the right to proceed in per Supreme Court. sonam. Second, when the defendant has been indicted for a capital . SEC. 5. T1:1at this act f?hall supersede the provisions of all state stat utes conferrmg liens on vessels in so far as the same purport to create offense, or if the writ be to review a decision arresting a judg rights of action against vessels for repairs, supplies, and other neces ment, when the defendant has been convicted of a capital saries. crime. Then it goes directly to the Supreme Court. Again, The SPEAKER. Is there objection? [After a pause.] The when the construction or application of the Constitution of the Chair hears none. United States is involved. Again, when the constitutionality of. XLV--469 7490 CONGRESSIONAL RECORD-HOUSE. JUNE 6· ' any law o! the United States, or the validity of any treaty made l\Ir. DIEKEMA. If this was a question of fact, I would under its authority, is drawn in question. agree -entirely with the gentl~man, but where a pure law ques .Mr. PUJO. Will the gentleman yield for a question? tion is involved, and where probabJy the
/ 1910. CONGRESSIONAL RECORD-HOUSE. 749f
l\lr. GOLDFOGLE. He has an assistant. The word "proper " means as required by the Constitution. l\fr. PARKER. Not everywhere. Special constables and spe Mr. HUGHES of New Jersey. The Constitution leaV-EiS no cial officers are continually deputized by some sheriff; and this room for interpretation or construction, but says plainly that provision only gives the judge a power which already belongs the place and the very things must be specifically stated. This to every state authority. He is given the right to deputiz~ statute is infinitely broader than that. For that reason I object. somebody to execute that writ. In the case of a search war Mr. PARKER. Will the gentleman suggest an amendment? rant issued to the sheriff he can deputize anybody he·pleases. We are all agreed that we ought to pass this statute. Mr. GOLDFOGLE. The sheriff may, but the sheriff becomes Mr. BARTLETT of Georgia. Does the gentleman think that responsible for the act of the person so deputized by him. But this ought to be authorized except upon the oath of some ,respon this bill permits a commissioner to .select any person that he sible party? pleases, not an official, not a sworn officer, not a bonded officer, Mr. PARKER. It says: but perhaps an irresponsible officer, to enter any house, under Upon proper oath or affirmation in writing. any circumstances, and make a search therein. Mr. PARKER. The gentleman recognizes that there are We added the words "in writing." many cases in the Territories where yeggmen blow safes, and The SPF.AKER. Is there objection to the consideration of this would give a right to search on behalf of the banks for the this bill? property before it is taken away. Mr. HUGHES of New Jersey. I object. Mr. GOLDFOGLE. There may be individual instances The SPEAKER. The gentleman from New Jersey [Mr. wherein such a provision might be justified, but as a general HUGHES] objects. The Clerk will report the next bill. rule no search warrant, the highest process known to the law ORIMES COMMITTED ON TRIBUTARY w ATERS. or the Constitution, should be issued without the party being The next business on the Calendar for Unanimous Consent wholly responsible. was the bill Ii. R. 25187. Mr. PARKER. Is that the only objection you have? If so, The Clerk read the bill, as follows: I will strike that out. Be it enacted, etc., That the second paragraph of section 272 of an Mr. GOLD FOGLE. No, it is not; I have other objections. act entitled "An act to codify, revise, and amend the penal laws of the Mr. FITZGERALD. If my colleague will allow me, a war- ~n!.~'i~ ~1;:1-~~~·;~:fproved March 4, 1909, be, and it hereby is, amended rant may be issued to locate property stolen from any person "Second. When committed upon any vessel registered, licensed, or other than the Government. enrolled under the laws of the United States, and being on a voyage Mr. GOLDFOGLE. Yes. upon the waters of any of the Great Lakes, namely, Lake Superior, Mr. FITZGERALD. So that some irresponsible person, claim- Lake Michigan, Lake Huron, Lake St. Clail', Lake Erie, Lake Ontario, or any of the wate1·s connecting or tributary to any of said lakes, or ing that property has been ·stolen from him, may make the afii- upon the river St. Lawrence where the same constitutes the inter davit and have himself designated to make search through some national boundary line." premises, and there would be no redress to the person whose Mr. MANN. Mr. Speaker, reserving the right to object-~ premises were searched. Mr. PARKER. The only new words in this bill are the .M:r. GOLDFOGLE. I want to say to my colleague from New words
7492 CONGRESSIONAL RECORD-HOUSE. J-qNE 6,
other boats not already affected. The law simply affects lake BRIDGE A.CROSS GREEN AND BARBEN RIVERS. steamers that are on a voyage, and this proposed amendment The next business on the Calendar for Unanimous Consent extends the jurisdiction of the United States courts only to was the bill (H. R. 25560) authorizing the Bowling Green and boats on tributary waters. A crime committed upon a vessel Northern Railroad Company to bridge Green and Barren rivers. while on the waters of such bays, or upon any river tributary Mr. MANN. Mr. Speaker, I ask unanimous consent that the to such· lakes, can not be punished under this section because Clerk read the amendment in the nature of a substitute. not committed on any ot the em1merated lakes or any waters The SPEAKER. Is there objection? connecting the same, and it is difficult in many cases to punish There was no objection. offenses committed upon such bays in the state c-0urts for the The Clerk read as follows: reason that it is impossible to prove in which county the crime That the Bowling Green and Northern Railroad Company, a cor is committed. poration organized under the laws of the State of Kentucky, is hereby In a letter from persons engaged in lake transportation, urg authorized to construct, maintain, and operate a bridge and approaches thereto across the Green River at a pomt suitable to the interests of ing the amendment, it is said: navigation, at on near Davis Ferry, about 1 mile below said ferry Each year we are having heavy losses on account of pilferage of car and about the same distance above Lock No. 5, in Edmonson County goes by the crews of steamers. We very seldom are able to catch any Ky.; also a bridge and approaches thereto across the Barren River, ai of these fellows in the open lake, but on one or two occasions this year a point suitable to the interests of navigation, at or about one-half mile have succeeded in catching and arresting two or three offenders, having or more north ot the Louisville and Nashville railroad bridge at Bowling caught them in the act of pilfering cargo when the vessel was in port, Green, in Warren County, Ky., in accordance with tbe provisions o! one instance being in Chicago, the other in Buffalo. The men were the act entitled "An act to regulate the construction of bridges over arrested, but only slight fines imposed by the local authorities. • • • navigable waters.," approved March 23, 1906. The local courts are very lenient with these offenders, and our only SEC. 2. That the right to alter, amend, or repeal this act is hereby chance of having pilfering stonped is to bring the offenders before the expressly reserved. United States courts. • • • The amendment, in the nature of a substitute, was agreed to. In addition, more serious crimes-murder, manslaughter, as The bill as amended was ordered to be engrossed and read a saults, etc.-may now be committed on such tributary waters third time, was read the third time, and passed. on board of vessels and may go unpunished because of the diffi BRIDGE ACROSS BIO GRANDE RIVER. culty of proving the local jurisdiction in which the offense is committed. The next business on the Calendar for Unanimous Consent The proposed amendment will correct this detect. was the bill (H. R. 25715) authorizing the Kansas Oity, The SPEAKER. Is there objection to the present considera Mexico and Orient Railway Company of Texas, and the Kansas tion of the bill. City, Mexico and Orient Railway Company to build two bridges There was no objection. across the Rio Grande River. The bill was ordered to be engrossed and read a third time, Mr. MANN. Mr. Speaker, I ask unanimous consent that the was read the third time, and passed. Clerk may read the bill with the committee amendments inserted. BRIDGES ACROSS GRAND CAT,UMET RIVER, INDIANA. The SPEAKER. The gentleman from Illinois asks unani The next business on- the Calendar for Unanimous Consent mous consent that the bill may be read as it is, with the com was the bill (H. R. 23427) to authorize the Indiana Steel Com mittee amendments inserted, as though they had been agreed pany to construct two bridges across the Grand Calumet River to. Is there objection? in the State of Indiana. There was no objection. The Clerk read the bill, as follows: The Clerk read the bill, as follows : Be it e-nacted, etc., That the Kansas City, Mexico and Orient Railway Be it en.acted, etc., That the Indiana Steel Company, a corporation Company of Texas, a corporation organized under ttre laws of the organized under the laws o! the State of Indiana, its successors and State of Texas, and the Kansas City, Mexico and Orient Railway assigns, be, and they are hereby, authorized to construct, maintain, and Company, a corporation organized under the laws of the State o! operate two bridge and approaches thereto across the Grand Calumet Kansas, are hereby authorized to construct, maintain, and operate a River, the first bridge in the NE. i NW. 1 sec. 3, T. 36 N., R. 8 W., railway bridge and approaches thereto across the Rio Grande from of the second principal meridian, in Lake County, in the State of Indi a point suitable to the interests of navigation near Presidio Del Norte, ana ; the second bridge in the NW. l NW. l sec. 3, T. 36 N., R. 8 W. on the Rio Grande, on the Mexican side thereof, to a similar OPP-Osite of the second principal meridian, in Lake County, in the State of point in the State of Texas, in the county of Presidio, called o~· to be Indiana ; said bridges to be built across the Grand Calumet River in called "El Oro," in the State ot Texas, the said bridge to connect the accordance With the provisions of an act entitled "An act to regulate line of railway of the said Kansas City, Mexico and Orient Railway the construction of bridges over navigable waters," approved March 23, Company of Texas with the line of railway of the said Kansas City, 1906. Mexico and Orient Railway in the Republic of Mexico; and also, the SEC. 2. That the right to alter, amend, or repeal this act is expressly above-named railway companies, their succes ors, and assigns, are reserved. hereby authorized to construct, maintain, and operate a railway bt•ifl.ge and approaches thereto across the Rio Grande from a point suitable The following committee amendments were read : to the interests of navigation near Del Rio, on the Texas side, to a Strike out in lines 4 and 5, page 1, the words .. itfr successors and similar point opposite on the Mexican side, the said bridge to connect assigns, be, and they are" and insert in lieu thereof the w<>rd "ls." a line o:f railway from the Texas side of said river with a line of Insert after the word "Rher," in line 7, page 1, the words "at railway on the Mexican side thereof; and each of said bridges shall points suitable to the interests of navigation." be built in accordance with the provisions of the act o! Congres en titled "An act to regulate the construction of bridges over navlgaLle The committee amendments were agreed to. waters," approved March 23, 1906. SEC. 2. That the right to alter, amend, or repeal this act is hereby The bill as amended was ordered to be engrossed and read a expressly reserved. third time, was read the third time, and passed. On page 3, strike out all of section 2. The next business on the Calendar for Unanimous Consent In line 15, page 3, strike out the figure " 3 " and lnsel't in lieu was the bill (H. R. 23430) to authorize the Gary Land Com . thereof the figure " 2." pany to construct two bridges across the Grand Calumet River The SPEAKER. Is there objection? in the State of Indiana. There was no objection. The Clerk read the bill, as follows: The SPEAKER. The question is on agreeing to the amend Be it enacted, etc., That the Gary Land Company, a corporation or ments. ga.nized under the laws of the State of Indiana, its successors and as The amendments were agreed to. signs, be, and they are hereby, authorized to construct, maintain, and The bill as amended was ordered to be engro sed and read a operate two bridges and approaches thereto across the Grand Calumet River the first bridge at a point approximately near the north line of third time, was read the third time, and pas ed. the n'orthwest quarter of section 5, township 36 north, range 8 west The title was amended so as to read: "A bill authorizing the of the second principal meridian, in Lake County, in the State o! In Kansas City,, Mexico and Orient Railway Company of Texns diana ; the second bridge in the southwest quarter o! section 33, town ship 37 north, range 8 west of the second principal meridian, in Lake and the Kansas City Mexico and Orient Railway Company to County in the State of Indiana; said bridges to be built across the build two bridges across the Rio Grande." Grand Calumet River in accordance with the frovisions of an act en titled "An act to regulate the construction o bridges over navigable BRIDGE ACROSS MISSOURI RIVER AT COuNCIL BLUFFS, IOWA. waters," approved March 23, 1906. The next business on the "Calendar for Unanimous Consent SEC. 2. That the right to alter, amend, or repeal this act is expressly was the bill ( H. R. 25830) to amend an act to authorize a bridge reserved. across the Missouri Iliver at or near Council Bluffs, Iowa, ap The following committee amendments were read : proved February 1, 190 , as amended. Strike out in lines 4 and 5, page 1, the words " its successors and The Clerk read the bill, as follows : assigns, be, and they are " and insert in lieu thereof the word " is." Be it enacted, etc., That the act to authorize a bridge across the Insert after the word "River," in line 7, page 1, the words "at Missouri River at or near Council Bluffs, Iowa, approved February 1, points suitable to the interests of navigation." 190 , and amended February 27, Hl09, is hereby amended o as to give to the Cenh·al Bridge Company, of Council Bluffs, Iowa, all the The c-0mmittee amendments were agreed to. authority and rights granted under said act if the actual construction The bill as amended was ordered to be engrossed and read a of the bridge authorized by said act is commenced within one year and third time, was read the third time, and passed. completed within three years from the passage o1 this act.
J I I
1910. CONGRESSIONAL RECORD-HOUSE. 7493
With the following amendments: are, I suppose it is not necessary to make an explanation, but I In line 3 in ert, after the W-Ord "authorize," the words "the Central take it for granted that he does desire a statement of the facts Railroad and Bridge Company to construct." and upon the facts as presented with such knowledge as he also In line 11, a.ftel• the word "from," insert the words " the date of." has he may change his mind. The SPEAKER. Is there objection? Mr. MANN. Let me ask the gentleman one question. I read There was no objection. from page 5 of the bill, beginning line 18 : The amendments were agreed to. Upon the rendition of such judgment and in conformity therewith The bill as amended was ordered to be engrossed and read a the Secretary of the Interior is hereby directed to ascertain and deter third time, was read the third time, and passed. mine which of said Ind.iifins now living took part in said outbreak- PUNISHING FALSIFICATION OF ACCOUNTS. .And so forth. The next business on the Calendar for Unanimous Consent That is the first reference in the bill to any outbreak. Does was the bill (H. R. 25503) to provide punishment for the falsi the gentleman think that sort of a description ought to be fication of accounts and the making of false reports by persons passed by Congress? in the employ of the United Sta.tes. Mr. MILLER of Minnesota. I am quite sure there is no The Clerk read the bill, as follows: ambiguity in the language there, if the gentleman will permit Be it enacted, etc., That any officer, clerk, agent, or other person, in me to make a brief statement. As it is very well known, these any office of or employment under the Government of the United States, annuities were suspended because of the Sioux outbreak in Min charged with the keeping of accounts or records of any kind, who, with nesota in 1862. intent to deeeive, mislead, injure, or defraud the United States 01· any individual or body corporate, shall make any false or fictitious entry or Mr. MANN. Does the gentleman think that general knowl record of any matter relating to or connected with his duties, and who edge on that subject is sufficient to incorporate the language ever, with like intent, aids or abets such offi~er, derk, agent, or other into the bill in regard to an outbreak so that the law officers person therein, and any officer,1., clerk, agent, or other person in any office of or employment under the u-overnment of the United States, charged will know to what it referred? wl.th receiving, holding, or paying moneys or securities for or on behalf Mr. CAMPBELL. That could be amended. of the United States, or to be held in trust for any person, firm, or Mr. MANN. I am speaking of the care with which this bill corporation, who, with like intent, shall make a false report of such is moneys or securities, and whoever, with like intent, aids or abets such presented to the House. officer, clerk, ag~nt, or other person therein, shall be guilty of a felony .Mr. HITCHCOCK. Will the gentleman yield for a question? and on conviction thereof shall be fined not more than $5,000 or impris Mr. MILLER of Minnesota. Certainly. oned not more than ten years, or both, in the discretion of the court. Mr. IDTCHCOCK. Is it not a fact that the language of this The SPEAKER. Is there objection 1 bill is the same which was used in the bill which gave the same There was no objection. right to go to the Court of Claims to the other band of Sioux The bill was ordered to be engrossed and read a third time, Indians which has been in successful operation? was read the third time, and passed. Mr. l\IILLER of Minnesota. Substantially the language of MAKING EASTPORT, IDAHO, A SUDPORI' OF ENTRY. the two bills is the same, but with this difference : In this bill The next business on the Calendar for Unanimous Consent we have restricted the amount that could be paid over as com was the bill (S. 7177) establishing Eastport, Idaho, a subport pensation to attorneys and placed restrictions thereon beyond of entry in the customs-collection districts of Montana and any restrictions that ever appeared in any bill of this character Idaho, and for other purposes. which has before passed this House. The Clerk read the bill, as follows : Mr. HITCHCOCK. I was simply referring to the objections made by the gentleman from Illinois, with a view of developing Be it enacted, etc., That Eastport, Idaho, be, and the same ls hereby, established a subport of enti·y in the customs-collection district of Mon whether or not this language had not been found sufficient tana and Idaho, and that the privileges of the first section of the act under the operations of the previous law, to enable the depart~ approved June 10, 1880, governing the immediate transportation of ment to carry it out. dutiable merchandise without appraisement, be, and the same are hereby, extended to the said subport of Eastport, Idaho. Mr. MANN. The language is not the same as the previous The SPEAKER. This bill is on the Union Calendar, and the law. request is to discharge the Committee of the Whole House on Mr. MILLER of Minnesota. The language is practically the the state of the Union from the further .consideration of the same, but I will say we have no objection to modifying the two bill and consider the same. in the House as in Oommittee of words to which the gentleman takes exception. It will be the Whole. Is there objection? simply a pro forma matter. But I think, perhaps, it will be There was no objection. just as well if I make a brief statement of the facts at this The bill was ordered to be read a third time, was read the time. It is very well known, Mr. Speaker, that the Sioux third time, and passed. Indians in 1862 in the State of Minnesota entered upon an out By unanimous consent a similar House bill (H. R. 22959) was break, which subsequently went into history as the " Sioux war ordered to lie on the table. of 1862." There were four bands of Indians who participated in that outbreak. The two bands at the upper agency were MEDAW.A..K.ANTON AND WAHPAKOOTA. SIOUX INDIANS. known as the Sisseton and Wahpeton, and at the lower agency The next business on the Calendar for Unanimous Consent they were known as the Mdewakanton and Wahpakoota. They was the bill (S. 5121) for the restoration of annuities to the are all members of the Sioux tribe. They had certain property l\Iedawakanton and Wahpakoota (Santee) Sioux Indians, de in the hands of the Government which briefly was derived in clared forfeited by the act of February 16, 1863. this way: In 1825 a first treaty was made between the United The SPEAKER. Without objection, the Clerk will read the States and those Indians. I refer partieularly to the two bands substitute bill. under consideration in this bill. By tllis treaty these Indians The Clerk proceeded to read the substitute. ceded to the United States an area of land in the northern part Mr. l\fA~"'N (interrupting the reading). Mr. Speaker, this is of Iowa which amounted to sever~l million acres, and for which rather a long bill to have read and then object to .~Her it is they received the magnificent sum of 2 cents an acre in presents read. I shall object at the present time. · to certain of their head men. Now, in 1837 there was another Mr. CAMPBELL. Mr. Speaker, I wish the gentleman would treaty between the United States and these two bands of In reserve his objection until there is some explanation made. dians, by which the Indians ceded to the United States a large The SPEAKER. Does the gentleman give notice that he is area of territry in the State of Wisconsin and all islands in going to object? the Mississippi River, being all the land belonging to tho e two Mr. l\IANN. Unless I change my mind. tribes east of the Missisippi River, for which they receiYed the l\Ir. CAMPBELL. I hope the gentleman can be convinced magnificent sum of the interest on 10 cents per acre perpetually. that objection ought not to be made. In other words, the United States set apart a fund of $300,000, The SPEAKER. The bill covers five pages. the acreage being 3,000,000, permitting the Indians to receive Mr. HUGHES of New Jersey. Mr. Speaker, I ask unanimous $15,000 per year as interest upon that, and that alone. consent that the further reading of the bill be dispensed with. In 1857 there was a subsequent treaty made by which these The SPEAKER. The bill would have to be read before it is Indians ceded to the United States the great bulk of their re passed. maining valuable lands in the State of Minnesota, the same be l\Ir. CAMPBELL. Then I ask unanimous consent that the ing situated in the Minnesota Valley, in the southern and south gentleman from Minnesota [Mr. MILLER] may make a state western part of the State. They ceded a larg~ acreage, larger ment in regard to it. than the other two preceding cessions, and for this cession they The SPEAKER. Is there objection? received the magnificent sum of 10 cents per acre, to be paid There was no objection. only the interest thereon for a period of fifty years. In other .l\Ir. ·MILLER of Minnesota. Mr. Speaker, if the gentleman words, they were to be paid $61,500 for a period of fifty years, from Illinois [Mr. MANN] has conclusively decided that he will that sum being 5 per cent interest on 10 cents per acre fur a object to the consideration of the bill, no m~er what the facts tract of more than 12,000,000 acres. Thus the United States 749"4 ,CONGRESSIONAL RECORD-HOUSE. JUNE 6,
secured a vast area for which they agreed to pay only 5 per report it until the closing days of the session of Congress, cent interest for fifty years on the value of the land, estimated they ought not to complain that other people wish information at 10 cents per acre. There was reserved to these Indians two on the subject. tracts of land, 320,000 acres each, on either side of the Minne Mr. STEPHENS of Texas. I will state that there were fifty sota River, and this was to be their perpetual reservation. The of these annuities to be paid under the treaties to these Indians paragraph which retained that provision to these Indians was for their land. Twelve of them were paid, leaving thirty-eight stricken out in the Senate, and they never received any perma unpaid. Because of the outbreak in 1863 they forfeited them. nent reservation; but some years later, in 1858, they were volun Since that time these Indians have been on good behavior, and tarily allowed by the United States the sum of $96,000 for there are now but a very few of these Indians living that en 320,000 acres of this land, and the Indians had nothing what gaged in these raids in 1863. I do not bell.eve in punishing ever to say about it. The remaining 320,000 acres, all these innocent Indians, many of them born after the crimes were Indians had left, was left in the possession of the Indians, and committed. I think the guilty ones have been sufficiently pun they continued to occupy the same until the outbreak in 1862. ished and the bill ought to pass. We should restore to th~m Now, I do not know that it is necessary to go into the details these insignificant· annuities, which I think amount to a very leading up to the outbreak. I think it is sufficient to say that small sum. · after it was over the treaty rights were taken from the Indians, Mr. HITCHCOCK. Mr. Speaker, I want to suggest that the the unpaid annuities in the hands of the Government were con objections of the gentleman from Illinois [Mr. MANN] would fiscated, not in respecting this particular band alone, but re be met by so amending-- specting also the other bands which participated in that out Mr. MANN. I have not made my objections to the bill yet, break. I will say further that only a small portion of the In I will say to the gentleman. diarn'! actually participated in the outbreak. Mr. HITCHCOCK. The reason he suggested for objecting to A great number of those who have been robbed of their prop unanimous consent-- erty rights by the act of February, 1863, remained friendly and Mr. 1\IANN. I simply made a suggestion in reference to the true to the whites. History is full of incidents where many an bill and asked the gentleman if he thought that was sufficient. Indian risked his life and his property, and that of his family, I have serious objections to the bill, which I will make when it that he might give aid, protection, -and comfort to some of the is reached for consideration. I do not think it can be taken up distressed whites at that time. And I might, of course, add that for consideration now. I have listened to the explanation. the atrocities committed were fairly well paralleled and equaled The. SPEAKER. Objection is heard. by the heroism displayed by some of the loyal Indians under the circumstances then existing. And it certainly is unfair and PROHIBITING PRINTING ON STA.MPED ENVELOPES, ETO. improper that these Indians and their descendants who re The next business on the Calendar for Unanimous Consent mained true to the whites and to the Government should have was the bill (H. R. 23098) prohibiting the printing of certain their property taken from them as has been done. Of those who matter on stamped envelopes and the sale thereof. were active participants in the outbreak, 38 were hung, 400 were The Clerk read the bill, as follows: taken away and imprisoned, and their families scattered. Be it enacted, etc., That from and after June 30, 1911, it shall be un lawful for the Post-Office Department, or any officer, head of bureau, or The remainder were driven to the western slopes of the chief of division thereof, to print or have printed, or sell or o1Ter to Rockies and into the Canadian countries, and all who partici sell, any stamped envelope bearing upon it a printed direction giving pated in the outbreak and remained in the United States have the name of any individual, firm, or company, or any number of any post-office box or drawer, or any street number, or the name of any since died, with the exception of somewhere from 20 to 50. building to which it shall be returned if uncalled for or undelivered: The bill specifically exempts from any benefits all who partici Provided, That this shall not apply to those envelopes printed with a pated in the outbreak. So people to be benefited by this bill, retm·n card left blank as to name, address, box, drawer, street number, or building, and which only give the name of the town or city, with the if it passes, have not the taint of any fighting or of any disloy State, District, or Territory. alty to the United States. It seems to me, and it seemed to the committee, that under the circumstances this bill ought to The SPEAKER. Is there objection? pass. A precisely similar bill was passed in 1906 which gave Mr. MANN. Reserving the right to object, I will say to the to the upper bands the restoration of their annuities, and that gentleman in charge of the bill that this ought to be considered having taken place, it is but fitting and proper that the two in the House, where there would be an opportunity given both lower bands should be treated the same way and that there for consideration and amendment. It can not be passed by should be restored to them the property which the United States unanimous consent. took from them, and unlawfully. Mr. STAFFORD. This same proposition was under consid l\!r. HINSHAW. Will the gentleman permit? In reference eration at the time the post-office appropriation bill was under tlie suggestion very properly made by the gentleman from consideration. · to Mr. MANN. And I made the point of order upon the post Illinois [Mr. MANN], the words "said outbreak" really- refer to the outbreak detailed and set forth in the treaties named office appropriation bill. above in the bill, and it would make it a little more specific, Mr. STAFFORD. The proposition was given consideration although perhaps it ·is not absolutely necessary, to insert, after at that time, and I think that every member of the committee the words " said outbreak," the words "of 1862, referred in has made up his mind as to the proposition. to 1\fr. MANN. Very well; I am perfectly willing that they said treaty." should. I think it is a serious deprivation of privileges which l\Ir. MAl\TN. The outbreak was not referred to in the trea~ies many of my constituents now enjoy and which they ought to at all. The treaties were long before the outbreak. enjoy. As long as we are paying the expenses of running the .Mr. HINSHAW. There was a treaty subsequently. rural free delivery out of the profits made in the city post l\Ir. MANN. If the gentleman will keep on, they will, after a offices we are entitled to some privileges. while, ascertain what is meant here. I only called attention to Mr. STAFFORD. Printers and other persons directly con the fact that I thought this bill ought to be considered properly. cerned bell.eve that this is a deprivation of their rights by the The treaties were made long before the outbreak occurred. _ l\:fr. MILLER of Minnesota. I will say to the gentleman Government by creating a monopoly to the exclusion of ernry that the reference of the gentleman from Nebraska [Mr. HIN other concern in this country. For that reason, if for no otller reason, this bill should be speedily put upon its pas~age. SHAW] was to the subsequent treaties, which specifically re 1\fr. :MANN. That is all right. ferred to the outbreak of 1862. Mr. MANN. The gentleman's reference was to an act of Con The SPEAKER. Is there objection? gress passed in 1863, I suppose. This matter has been running 1\fr. MANN. I object. · since 1863. We are seeking to reverse the action of Congress The SPEAKER. Objection is heard. taken in 1863, and the matter ought to receive attention. ELECTION OF UNITED STATES SEN.A.TORS, Mr. MILLER of Minnesota. Does not the gentleman think The next business on the Calendar for Unanimous Consent it is proper for us to reverse the act of Congress of 1863 on this was House joint resolution 69, proposing an amendment to the point? Constitution providing for the election of Senators of the United Mr. MANN. Not without consideration. States. Mr. MILLER of Minnesota. It seems to me it is appropriate The joint resolution was read, as follows.: to cousider it here. House joint resolution 69. Mr. STEPHENS of Texas. This matter has been before the Resolved by the Senate an d House of R epresentati'l:es of tTze Unlte<.J Indian Committee to my knowledge for ten years, and it first States of America in Oongress assembled (two-thi1-ds of each House pas ed one House and then the other, but has never become a law. concurring therein), That the following amendments be prnposed to the legislatures of the several States, which, when ratified by three-fom·ths l\Ir. MANN. If it has been before the Indian Committee ten of sa,id legislatures, shall become and be a part of the Constitution, 'years. and the Indian Committee holds it back and does not namely : lb lieu of the first and second paragraphs of section 3 al
J 1910. CONGRESSIONAL RECORD-HOUSE.
Article I of the Constitution ot the United States of America, the The amendment reeommended by the committwing amendment~ Claims, rendered in 1902, and where such person or pe11sons in good be proposed: to the several States." faith and foli' a valuable consideration have- purchased such lands and 11:-r--. RUCKER -- Missouri·. Tha~ was an error m· pri·nting. occupied and improved the same pxio.r to the rendition of said decree.t .a.u_ 0 -1. "' in the bona fide belief that sai-d Iands were embraced in and a part oI l\Ir. MANN. Well, when the committee makes an error in said grant and which lands wexe excluded therefrom by the final sur- nl>'. tin' o "ti t d th Con tit t• of th vey of said grant ordered by suid court, and where said persons, their .l'Llll g on a prop Sl on ° a.men e s u ion e assigns, and successors in :interest have used, improved, and continued United States I think it ought to. receive consideration. When in the actual possession of the same as aeeording to the- lines of the a committee: asks unanimous c
used the office of collector to deprive a man of his rights a.s an American tried, beard, and determined by said courts, either at L<>s Angeles or citizen or in any way tried to make it unpleasant for any broker San Diego. doing business with his department. Some might say that Collector SEC. 4. That the clerk of the district and circuit courts for the l\!agone used peculiar methods, and so forth, and I will admit that southern district of California and the marshal and district attorney he was a little peculiar in some ways, but in his heart he meant for said district shall perform the duties appertaining to their offices, well. He made a good collector, and the interests of the merchants respectively, for said court at San Diego; but, except when court is in wet·e well taken care of. I wish I had the time to go into details session and a judge present, the clerk's office of said court shall be at about each collector in the past. I am a good enough American citizen Los Angeles, where all the records of said courts may be kept, pro- to believe that the American people are careful in the selection of a cess returned, and all duties performed. · man to serve them as President of the United States, and I am just as w.ell satisfied that the President of the United States is just as· careful The SPEAKER. Is there objection? [After a pause.] The to select men to serve as collectors of customs who will do honor to Chair hears none. him and his administration and who will not at any time use bis The bill was ordered to be engrossed and read a third time ; ?ffice to dep_rive anyone from making an honest living, providing he is honest with himself, the Government, and his clients. No honest was read the third time, and passed. man should be afraid, especially when be has redress to our honored EMPLOYER'S LIABILITY AND WORKMAN'S colil'ENsATION. courts under our Federal Government, the judges who are also selected by our honored Presidents and confirmed by the United States Senate. The next business on the Calendar for Unanimous Consent The brok~rs at the port of New York have always been well treated was H . J. Res. 127, for appointment of commission to investi by the various collectors, and I see no harm that will come to our profession by the passing of this bill. gate the matter of the employer's liability and workman's com " SEC. 2. The object of this association is to ullite the customs brokers pensation. of the various ports throughout the United States in one organization The Clerk read as follows : t<_> the end that they shall maintain a high standard of honor and integ~ r1ty not only in their dealings with the Government and their clients, Resolved, etc., That a commission be, and it ls hereby, created, con but in their relations with one another. sisting of two meml.iers of the Senate, to be appointed by the President "It shall also be the object of this association to cooperate with cus of the Senate, and two Members of the House of Representatives, to t<_>ms officials in _bringing about a compliance with the laws and regula be appointed by the Speaker thereof, together with two persons to be tions of the Umted States on the part of importers and exporters at selected by the President of the United States, for the !?urpose of the same time carefully guarding the legal rights and interests, mider making a thorough investigation of the subject of employers liability the laws, of their clients. and workman·s compen ation, said commission to submit a report to " It is understood as an essential qualification that the officers and the President of the nited States not later than November 1, 1910. • members stand irrevocably for absolute truth and honesty in their To carry out the pmpose of this resolution the commission hereby dealings with customs officials, and proof establishing irregular prac created is authorized to employ persons who are familiar with the tice or conduct prejudicial to the interests of fellow-members shall be subject, and take such other steps as are necessary to make a thorough punishable by expulsion from the association." examination in the matter. I wish ~t this time ~o commend our present collector, Mr. Loeb, who In submitting its report to the President the commission shall rec h~s ev~r srnce his appomtment been very courteous to all doing business ommend such legislation as to the commission seems advisable. ~th his office and has always been ready to aid the brokers and their All necessary expenses of said commission, together with a salary to be fixed by the President for the two members of the commission che!lts. ¥r. Loeb has always been willing ·to cut red tape when the to be appointed by the President, for all time in which said commission busmess mterests demand it. Now, in conclusion, I trust that your shall be actually engaged in this investigation, shall be paid out of ~~~1};~~a't~~l report the bill just as it was passed by the United any funds in the Treasury of the United States not otherwise appro I had a great many other things to say, gentlemen, but as the time is priated, and the sum nece sary for carrying out the provisions of this short I will not attempt to say them. From the arguments advanced resolution is hereby appropriated. by the gentlemen who have come here I am fully convinced that they 'l'o carry out and give e!Iect to the provisions of this resolution, the have convinced you that it is necessary that a license bill should be commi slon hereby created shall have power to issue subprenas, admin passed, and I . am perfectly satisfied, and hope that such a paragraph ister oaths, summon witnesses, require the production of books and can be embodied in the blll-to have the bill so amended as to pro- papers, and receive testimony taken before any proper officer in any vide for an oral hearing. . State of Territory of the United States. · A statement has been made that a majority of the brokers are op· The committee amendments were read, as follows : posed to this bill. I wish to say that at the meeting which has been referred to by Mr. Rooney there was not 20 per cent of the members rage 1, line 12, strike out the word " ten " and the period, and in present 8.t the time. There is some opposition, of course to this bill, lieu thereof insert the following : " eleven ; and any vacancy occur but I trtt t this committee will vote this bill out. ' ring on said commission shall be filled in the same manner as the origi Mr. ROONEY. How many membeFs are in the national association? nal appointment." Mr. RAFFERTY. Fifty. rage 2, line 7, strike out the words "a salary" and in lieu thereof Insert t he word "compensation." ~~: :~~;:iTY. H1.bo~t3~. members ·were at the meeting? Page 2, line 18, strike out the word " of " at the end of the line and l\!r. Roo~EY. How many in the other association? in lieu thereof insert the word "or." Mr. RAFFERTY. There are 211 members, and there were 39 present I have the record, sir. · The SPEAKER. The gentleman from Illinois moves to dis· The CHAIRMAN. The main question is whether or not such a law charge the Committee of the Whole House on the state of the should be passed; not who is in favor of it. Union from the further consideration of the bill, and that the Mr. RAFFERTY. Yes, sir ; I am in favor of the bill. I would Uke same be considered in the House. to submit a copy of the constitution- and by-laws that govern the National Association of Customs Brokers. The motion was agreed to. The SPEAKER. Is there objection? Mr. FASSETT. Mr. Speaker, I desire to offer an amend- Mr. MANN. Mr. Speaker, reserving the right to object, I ment on page 3, line 1, to the committee amendment. would like to make an inquiry. I see this bi11 provides for the The SPEAKER. The Clerk will report the amendment. appointment of a commission, on page 2, where it says: The Clerk read as follows : All necessary expenses of said commission together with compensa· Insert a period after the word "action" in line 1, page 3; capitalize tion to be fixed by the President for the two members of the commis the word " thereon ; " change the capital letter in the next word sion to be appointed by the President, for all time in which said com "The," to lower case. . ' mis ion shall be actually engaged in this investigation, shall be paid out of any funds in the Treasury of the United Stutes not otherwise The SPEAKER. The question is on agreeing to the amend- appropriated, and the sum necessary for carrying out the provisions ment. of this resolution is hereby appropriated. The amendment was agreed to. Now, as to the compensation to be fixed by the President there The SPEAKER. The question now is on agreein0 to the committee amendments. is a method of collecting that, but what way is there now pro The committee amendments were agreed to. vided by law by which the expenses of this commission could The bill as amended was ordered to be engrossed and read a be paid? Mr. SABATH. I think the gentleman from Illinois [l\fr. third time, was read the third time, and passed. STERLING], who drafted this resolution, can answer that, but I TERM OF UNITED STATES COURTS IN CALIFORNIA. ha>e an amendment prepared, which I am going to ask the gen· The next business on the Calendar for Unanimous Consent was tleman from Illinois to accept-- the bill {H. R. 26318), establishing regular terms of the United 1\Ir. l\IANN. I will ask the gentleman from Illinois, who is a States and district courts of the northern district of California member of the committee reporting this bill, How is any of this at Sacremento, Cal., and of the southern division of the south money going to get into the hands of the commission for their ern district of California at San Diego, CaL expenses? The Clerk read the bill, as follows : Mr. STERLING. 'l'he resolution provides money shall be ap· Be -it enacted,, etc., That there shall be one term each of the United propriated for that purpose. States district and circuit courts for the northern district of Cali fornia held in the city of Sacramento, Cal., in each year from and Mr. 1\L~.N i. r . It says that money is to be appropriated for all after the passage of this act, said term to begin on the second Mon necessary expenses of said commission; but how does it get day in April and continue as long as the business may require. out of the hands of the Treasury into the hands of the indi· SEC. 2. That the clerk of the district and circuit courts for the northern district of California and the marshal and district attorney vidual? for said district shall perform the duties appertaining to their offices, Mr. SABA.TH. I have an amendment which will cure that
respectively,0 for said courts. defect, if there be one. SEc. 3. That there shall be two terms each of the United States circuit and district courts for the southern division of the southern Mr. STERLING. How does any money appropriated for any. district of California held in the city of San Diego, Cal., in each year purpose get out of the hands of the Trea ury? from and after the passage of this act, the first term to begin on the 1\Ir. l\1Al~N. It does not get out of the hands of the Tr~asury second Monday in March and the second term on the second londay in September, said terms to continue as long as the business may re into the hands of somebody else unle s somebody is authorized quire, and all causes, civil and criminal, within sald division may be to 0. K. the bill for it and approve and audit the account; but 1910. CONGRESSIONAL RECORD-HOUSE. 7499
there is nothing here provided so that anyone can pass upon · 1\lr. STERLING. Let me say to the gentleman, I do not think these bills. that will be sufficient. l\Iake it $10,000. Mr. STERLING. The Secretary of the Treasury has au 1\Ir. MACON. I will split the difference with the gentleman; thority to pay all salaries provided for in the expenses- say $7,500, but will not consent to a greater appropriation than 1\lr. l\IANN. The Secretary of the Treasury has no authority that. over the appropriation of any money that does not come under The SPEAKER. Is there· objection to the consideration of the control and jurisdiction of the Treasury Department. This the resolution? [After a pause.] The Chair hears none. The does not come under the control of the Treasury Department;. gentleman from Illinois offers an amendment. this is a legislative commission. How are you going to get the l\Ir. STERLING Mr. Speaker, I move to strike out the word money out of the Treasury? "necessary," in line 17, on page 2, and insert the words "not 1\Ir. SABATH. 1\fr. Speaker, I have an amendment which I to exceed $7,500." believe will cure tl:iat defect appearing in line 17. After the The SPEAKER. The Clerk will report the amendment. word "appropriated" I desire to insert "on the certificate of The Clerk read as follows: the chairman of said commission, who shall be selected by the rage 2, line 17, strike out the word "necessary " and insert the member hip of the commission named under this resolution." words "not to exceed the sum of $7,500." That will cure the defect, if there is any. l\Ir. MANN. That would not reach it at all. l\Ir. TA. WNEY. Mr. Speaker, has anyone made an estimate Mr. SABATH. I have still another amendment I desire to of what the expense of this commission will be and how much offer. time it will require? Mr. STERLING. Mr. Speaker, I withdraw the amendment, Mr. SABATH. Personally I am ot opinion its cost will not if I may do so, and move to amend by inserting at the end of be large, because we have nearly all the facts here, inasruuch line 18: · as the various States, like the States of New York, l\Iinnesota, Pro?:ided, That said sum shall not exceed the sum of $7,500. - Illinois, and Wisconsin, have already investigated this propo The SPEAKER. The Clerk will report the amendment. sition, and I am satisfi~d we can obtain all necessary facts and The Clerk read as follows: · information without a very great cost on the part of this pro- Insert at the end of line 18 the words : posed commission. . "Provided, That said sum shall not exceed $7,500." l\Ir. TAWNEY. If the States are making these investigations, Mr. MANN. That would not meet the question. If the gen what is the necessity of the Federal Government doing so? tleman wants to put a limit on the amount of expense author Mr. SABATH. Of course the gentleman realizes and recog ized by this act, it is easy to say so. l\Iake it: nizes the fact that we can not frame a bill on the same lines Pro?:ided, That the expenses provided by this act shall not exceed the that the States can. sum of $7.500. Mr. TAWNEY. Well, what is the necessity of the Federal That is easy to say. The other is simply a limitation on th~ Government making an investigation if the St~tes are making the same kind of an investigation? amount of the appropriation. l\Ir. STERLING. I am not particular about that. Where· l\Ir. SABATH. Well, I do not know. I have introduced a would the gentleman suggest we put it? bill which, I believe, should have been reported in lieu of this The SPEAKER. Does the gentleman from Illinois [Mr. resolution, inasmuch as it is an excellent bill; and if I could substitute it in place of this resolution, I would gladly do so; STERLING] withdraw his amendment? but the committee desires IilOre light, and, inasmuch as I can l\lr. STERLING. I withdraw it, and ask the gentleman to . not obtain the passage of my bill, I am willing that we should insert what he suggests. have an investigation on the part of this commission and obtain l\Ir. 1\1.A..l~N. I suggest this: At the end of line 18, after the word "appropriated," insert: such additional light and information as will justify the com "Provided, That the total expense authorized by this resolution shall mittee to report my bill favorably to this House. not exceed the sum of $7,500." Mr. MACON. Mr. Speaker, as this resolution looks to me, the The SPEAKER. The Clerk will report the amendment. commission could expend all the money in the Treasury that The Clerk read as follows: if is unappropriated, it desired to do so, if it is adopted in its Insert at the end of line 18 the words: present form, and I do not feel that I can sit quietly by and "Provided, That the total expense authorized by this resolution shall see legislation of that kind become a law when my objection not exceed the sum of $7,500." will prevent it. There ought to be limitations to legislation, The SPEAKER. The question is on agreeing to the amend particuarly that part of it that seeks to ihvade the Treasucy; ment. and for the reason that there does not appear to be any limita The question was taken, and the amendment was agreed to. tion to the expenditures that could be made under this reso l\Ir. SABATH. Mr. Speaker, I desire to offer the following lution I feel constrained to object. amendment. l\Ir. STERLING. May I ask the gentleman from Arkansas The SPEAKER. The gentleman from Illinois offers an to suggest a limitation? If he will do so, we will put it in amendment, which the Clerk will report. here, if it is .reasonable. I really do not know what it will The Clerk read as follows : take, but put in a reasonable limitation. Line 13, page 2, after the word "appropriation," insert " on a certifi 1\Ir. MACON. The gentleman from Illinois [l\Ir. SABATH] cate of the chairman of said commission, who shall be selected from says that he has a good bill before the committee. I would the membersh.ip of the commiss.ion named unde1· this resolution." rather wait. and see that bill and see what limitation is con The amendment was agreed to. tained in it. The amendments of the committee were agreed to. l\Ir. STERLING. In the meantime this investigation would The joint resolution as amended was ordered to be engrossed go on and begin to give us some light on this question. I sug for a third reading; and being engrossed, it was accordingly ge t to the gentleman that he name some reasonable limitation. read the third time and passed. Mr. l\IACON. It is very hard, I will say to the gentleman Mr. HOWLAJ\TD. Mr. Speaker, this resolution comes before from Illinois [1\Ir. STERLING], to arrive at a proper limitation the House with the unanimous report of the Judiciary Com here in a few moments without opportunity for investigation. mittee, and availing myself of the courtesy heretofore extended l\fr. TAWNEY. I will ask the gentleman from Arkansas if to me, I desire to place in the RECORD, at least, some ot the he will withdmw his objection in the event that the amount to reasons which controlled me in supporting this resolution. be expended shall be limited to $15,000? They will not need The very first bill introduced in the first session of the Sixty any more thnn that. first Congress by the gentleman from Illinois [l\Ir. S.ABATH] l\Ir. SABATH. I do not think it will require more than that was a workman's compensation act, and this bill ·was referred amount. to the Judiciary Committee for consideration. On February 17 1\Ir. TAWNEY. Make it read: and 1\Iarch 15 hearings were held before a subcommittee of the Pt·ovi It is perfectly apparent that the field for federal legislation of the English experience also, is clearly brought out in the testimony of l\lessrs. Sherman, Devine, Packer, and Lyman. (See Minutes of along this line is exceedingly limited. In fact. it only extenqs Evidence.) And, again, the uncertainty in the application of the law to three classes of persons : First, employees of the Government; is an encouragement to both sides to prolong the contest to the last second, employees engaged in interstate commerce; and, third, court. .As a result of all this uncertainty, to begin with the State is taxed with a large amount of litigation from which, since recoveries are citizens of the District of Columbia, the Canal Zone, and the rare, small positive good results. Representative lawyers before us, bas Territories. With reference to the first class of employees the ing their opinion on their experience, estimate that employers' liability Federal Government, by act approved May 30, 1008, has granted cases take up almost one-fifth of the time of all our courts in the State. (See testimony of Messrs. Sherman, Quackenbush, Ward, and Strong.) to employees in government manufacturing establishments, arse There is no method of estimating the time of witnesses and jurors spent nals, navy-yards, river and harbor construction, construction of in connection with such litigation. Much more serious than this, how fortifications, and hazardous employment in the Reclamation ever, is the fact that employers pay out large sums for defense, only a 1>roall portion of which is actually paid out to injured workmen in Service .and under the Isthmian Canal Commission the right to settlements and damages. receh"e from the Government compensation for injuries sus tained in the course of their employment. This is a workman's EMPLOYERS' EXPENDITURES. compensation act, the right to receive payment from the Gov Sunimarv of firms having ea:penditures on account of accidents i1£ 1901, ernment not being dependent upon fault, and it is estimated as rep01·ted by depa1-tment of labor. that the number of employees affected is about 75,000. With reference to the second class, over which the Congress Firms with expenditure tor- has jurisdiction, several employer's liability laws ha\e been passed, all tending to mitigate the common-law rules of recov Items. Liability Other Liability insurance expenses ery for personal injury. The present law now in force, as insurance Total. only. and other (no insur amended at this session of Congress, does away with contribu expenses. ance). tory negligence as a bar to recovery, but provides that the verdict may be diminished by the jury in accordance_with the amount of negligence they may find attributable to such em Number ot firms______190 111 26 327 Number of employees ______. 47,177 48,789 S0,029 125,99.3 ployee. This act also does away with the doctrine of fellow Expenditures on account of senant. While the law is a radical departure from the com accidents, totaL ______$-!5,924.92 $121, 871. 44 $87' 840. 44 $255,6-15.80 Aggregate for liability insur- mon-law rule for recovery for personal injury, it nevertheless $-!5, 924 . 9'l ance______----- $69, 770.3".J ------$115' 695 . 27 makes the liability depend on fault or negligence. Contribution to employees' The proposition embodied in all workman's compensation acts benefit assoclation_ ____ r ___ __ ------$11, 724. '72 $1,&10.29 $13,360 .01 Aid to injured employees, in is the elimination of negligence as the basis of liability and the cluding medical expenses, substitution in its place of the principle that industrial accidents wages, pensions, funeral ex- shall be treated as the product of the trade. The statement penses, etc.. ______.------$27,594.53 $21,655.59 ~9,250 .12 of the proposition at once presents to the legal mind the diffi Cost of claims or suits______------$12,781.84 $64,553.56 $77,335.40 Claims or damages paid------ $5,295. 72 $57 ,482.44 $62, 778 .1'3 culties which stand in the way of legislatiou of this cliaracter Legal experues or cost of under our Federal Constitution and laws. The advocates of maintaining claim depart- the legislation propose to create a liability where none hereto ment-----,------·---- $7 ,486.12 $7 ,071.12 $14,537.24 fore existed and compel the payment of money for injuries by persons not directly or indirectly at fault. The above table shows the expenditures for accidents in Hl07 in 327 New York State firms, employing in all 125,995 men. The total expense It is objected that this is taking property without due process for all these firms was $255,153.17, $13,365.01 of which was contributed of law and that the burdens necessarily imposed upon industry to employees' benefit associations, and $49,250.12 of which was expended will be increased to such an extent that capital will be timid for funeral and medical expenses, wages, and other compensation, paid direct to injured employees. These two items represent no waste. The in the matter of investments in industrial enterprises. On the $192,538.04 remaining includes premiums paid for liability insurance and other hand; the advocates of the legislation contend that there the cost of claims and suits. It is possible to determine with a fair is general dissatisfaction with the present system of employer's degree of accuracy what proportion of that sum was used to pay the costs of avoiding and defending suits and bow much actually reached liability, and the objections to it are stated under four prin, the injured employees concerned. cipal heads: First, that only a small proportion of the work First, $65,881.50 of it was spent by firms which carried no liability men injured by accidents of employment gets substantial com insurance, as follows : pensation, and therefore, ns a rule, they and their dependE>ntR In settlements and damages ______$57, 504. 44 are forced to a lower standard of .living and often become bur Legal expenses and cost of maintaining claim department__ 8, 377. 06 Second, $11,453.90 of it was spent by firms carrying liabllity insur EMPLOYER'S LIABILITY ACT. nnce, whlch is a feature of the German and Norwegian systems, but in In 1880 the English employer's llablllty act was passed. In sub effect attached to every contract of employment in manufactures and stance it is the same as the New York act (which is patterned upon it). dangerous trades, which it included, the condition that for all in Of that English act the same commission state (p. 11) : dustrial accidents in the employment compensation should be paid at "That act, however, can not be said to have been successful. The certain specified rates by the employer to the employed-without re proof of negligence has been found extremely difficult, and in a vast gard to the question of the employers' neglect.- In that law of 1897 the proportion of the cases of accident no negligence of the nature required old basis of liability was entirely disl'egarded. Of it the 1904 commis by the act in fact existed, or at all events could be proved; and even sion from the home office said in their report (p. 12) : if there were prim.a facie evidence of negligence, the risks of litigation " The contractual relations of employers and employed who fell within were most serious both for employer and employed. • • • Re its scope underwent a vast change. Whatever the true economic view garded, therefore, as a means of obtaining compensation for injury by may be as to the ultimate incidence of the cost of compensation, a accident with a reasonable degree of certainty, the employer's liability burden of greater or less weight was in the first instance, at all events, act of 1880 must be considered to have been a failure." thrown upon the employers and a benefit conferred on the workmen. It ls hard to overestimate the force and sanity of the deliberate judg This change has been too far-reaching to permit of any recurrence to ment of that report, though there seems very good reason to believe the former state of things." that the chance of the English workman to get reasonable verdicts was very small compared with the chance of the injured workman in New DETAILS OF ENGLISH ACT. York. The act 14 of sufficient importance to warrant a brief outline. Under It is to be noted that under the English common-law system up to it in case of death the dependents of the employed receive either (a) 1880 the doctrine of fellow-servant had been extended by the courts three years' wages, or (b) £150, whichever is greater, but in no event further than in New York, in that a superintendent was considered a more than £300. In case of total incapacity a weekly payment during fellow-servant. That doctrine, with the growth of joint-stock com incapacity of one-half weekly earnings, but not more than £1. If the panies and corporations, discriminated against the small employers who incapacity be permanent, the permanent pension is one-half wages The average amount of solicitors' costs was £23 13s. 5d. under the Mr. Speaker, the fact that the other civilized countries of emplo~r's liability act, and £11 2s. lOd. under the workman's com the world have adopted certain lines of procedure in dealing pensation acts. with the question of industrial accidents is not necessarily THE POSSIBLE APPLICATION OF FOREIGN SYSTEMS OF COJ\IPENS.A.TION TO conclusive that we should do the same thing. The problem, AMERICAN CONDITIONS-LESSO~S FROM FOREIGN EXPERIENCE. howeT"er, is before us, and must be solved along constitutional The foreign systems group themselves into several divisions on lines in our own way. Several of the States now have com several points. First, as to the contribution to accident relief by work missions at work upon this very question, as applicable to their men a.s well as employers. This exists under the German, and to a jurisdictions, and if this re olution shall be adopted and a less extent under the Austrian system, and not at all under the English. In countries where there is no contribution by the employer, the rate commission appointed the Federar Government will haYe in of compensation during incapacity is usually one-half wages ; and formation which will enable it to act intelligently in its own where contribution exists, rather more. It is claimed, and some of the jurisdiction. This question is demanding the best thought of witnesses appearing before this commission were of opinion, that this principle of contribution by the employee was a very important part of the greatest minds, yet still for us remains unsolved. any system of compensation to be advocated for American conditions In his annual message of January 1, 1909, to the state legis in order to give the employees an incentive to prevent accidents to lature, Governor Hughes said: their fellows. (See testimony of Messrs. Schram, Shields, Hardwicke, etc.) I believe that it would be salqtary to go further in accordance As to the methods that are adopted for compelling employers to with the principles which have been announced in some other juris indemnify the victims of industrial accidents, three di.fferent systems dictions, and in the case of injuries sustained by adults by reason o! must be distinguished. · conditions created or permitted in violation of the labor law to pre Germany's system is that of compulsory insurance through accldent clude a defense upon the ground of the assumption of risk by the insurance associations for the difl'erent industries carried on in the employee. This would be an appropriate penalty for an infringement Empire, to one of which every employer must belong. Under the super of the statute and secure the protection which the statute ls designed vision of the impel'ial insurance department, these associations fix to atl'ord by requiring suitable safeguards against the risks that are premium rates according to the hazard of different occupations. They incident to the employment. Our statute should make this policy have power to penalize the employer whose accident rat10 is above the clear in appropriate terms. average, by advancing his rates. They may prescribe the safety devices I also recommend that provision be made for special and expert which their members are to use, and, through inspectors, they are con inquiry into the questions relating to employer's liab111ty and compen stantly occupied in trying to prevent accidents. 'l'hey are not required sation for workmen's injuries. Our present methods are wasteful and to charge premiums high enough to meet future obligations, however, result in injustice. Numbers of negligence cases are prosecuted upon and, consequently, as the number o! victims of past accidents still re a basis which gives the attorneys a high percentage of recoveries. (!eiving indemnities increa es, their rates mount higher and higher. Only a small percentage of the premiums paid for insurance against This is very unfair to employers who are just starting out in business, liability is devoted to payment of losses. As a result the workmen do and more than generous to employers who, after having saddled the not receive proper compensation and employers pay large amounts association with a large number of pensionaries, wind up their enter that do not reach them. There are constitutional restrictions which prises and retire. Until some remedy for this unequal distribution of stand in the way of some of the remedies which have been devised in the burden has been devised, Germany's system, admirable as it is in other countries; but the subject should be thoroughly examined to the many of its features, must be acknowledged to be imperfect. Modeled end that the present waste and injustice should be mitigated to the atfer the German system, though dift'eqmt in important details, are fullest extent that may be found to be at once practicable and con· the systems of Austria Luxembourg, Italy, and Hungary. sistent with the proTisions of our fundamental law. Different from the German system, though sometimes confused with it, is the system of compulsory state insurance against industrial acci President Roosevelt in his address at Jamestown said: dents. Under this plan, adopted by Norway and the Netherlands, the employer must insure hi.a employees through a state insurance depart As a matter of fact, there is no sound economical reason for distinc ment, which fixes the premium and pays the indemnities prescribed by tion between accidents caused by negligence and those which are un law to those who are entitled to them. This system has the great avoidable, and the law should be such that the payment of those ac advantage of insuring considerate treatment to the victims of industrial cidents will become automatic instead of being a matter for a lawsuit. accidents. The state department is not in business for profit, and is Workmen should receive a certain definite and limited compensation under no temptation to evade its obligations. On the other hand, the for all accidents in industry, irrespective of negligence. It is neither system is open to the objections usually urged against state as con just, expedient, nor humane; it is revolting to judgment and senti trasted with private activity. There is danger that the premiums will ment alike that the financial burden of accidents occurring because of not be made high enough and that the department, like the post-office, the necessary exigencies of their daily occupation should be thrust upon will be run at a loss. .This has already been the case in Norway. the sufferers who are least able to bear it. Modifications of the compulsory state-insurance plan are presented by Sweden and Denmark. In Sweden insurance is not compulsory, but President Taft in a recent addres~ at Worcester, Mass., speak a state insurance department is provided to relieve the employer who ing before the joint committee of Brotherhoods in Train Service, wishes to insure his employees throu~J? it from all further liability. said: This is a compromise arrangement wnich is said to have worked so well in that country that the state department is driving all competi I am hopeful indeed that before many years have passed we shall be tors from the field. In Denmark there is no insurance department, but able to adopt a system • * • by whlch there shall be settled a workmen's insurance council is provided, to which all accidents must promptly, on rules specified with the same degree of certainty that be reported, and which fixes the indemnities which the · employer, or they are specified in an insurance policy, how much a man shall re his agent, the insurance company, must pay. ceive for an injury-proportionate to the wages that he gets and pro Ditl'ering only in degree from the Danish system ls the English sys portionate to the disabling character of the injury. • • • In other tem of workmen•s compensation, which has been moi·e largely copied words, I think we ought to have a uniformity of award, a dispatch than either of the other plans. Under this system the law presct·ibes and quickness in award, so that the lawyers may be eliminated and that clearly the obligation of the employer to pay compensation, the amount the money may go directly to the object to which it ought to be devoted. of compensation he shall pay-depending upon the seriousness of the It will rid the courts of litigation, with which they are now loaded injury, the degree of dependency of those left behind when the accident down. It will make the awatds reasonable but quick, and there will results fatally, etc.-and the procedure by which the compensation be no division in the money paid to the widow and the orphans or to appropriate to each particular case shall be determined. It does not the helpless cripple. That system is forcing its way in Europe, and I undertake to say bow the employer shall meet this obligation. He may hope we may have it here. In that way the good feeling between the Insure against it if he desires, and, in that case, under the English company and the employee will be facilitated and justice will be done. law, recovery may be had from the insurance company up to the The railrouds can calculate with the utmost accuracy, by statistical extent of its contractual obligation, in case the employer becomes in reference, how much money they will have to devote to that sort o! solvent. If he does not insut·e, the interests of employees are partially liability, and I think everybody will be in better condition. The mid safe!!llarded by a provision in English law making them preferred dlemen will be eliminated, and only the employee on the one ha.nd and creditors up to £100 each. The French law goes farther by imposing the treasury of the railroad on the other will be atl'ected. a special tax on employers liable to pay compensation, and using the Judge l\IooN, in the report of the pending resolution, clearly proceeds to indemnify the victims of accidents in cases. where the em ployer becomes insolvent after the accident occurs. and concisely states the proposition involved, and I insert at this 1910. CONGRESSIONAL RECORD-HOUSE. 7505 point that portion of the report of the Judiciary Committee torlcal, or scientific societies, shall have the right to carry advertising · · th" t t t matter, whether such matter pertains to such benevolent or fraternal con t a1nmg IS s a emen : societies or orders, trades unions, strictly professional, literary, his- One of the most pressing problems of interstate commerce that to-day toricnl, or scientific societies, or to o;ther persons, institutions, or con demands the attention of Congresf': is that of wisely and equitably ad- cerns ; but such periodical publications hereby permitted to carry justing the loss to wcrkmen cf life and earning power, which is the advertising matter must not be designed or published primarily for certaln and inevitable consequences of modern methods of trnnsporta- advertising purposes, and shall be originated and published to fm·tl!er tion. their own objects and purposes, respectively; and all such periodicals 'l'he existin~ system, based upon the common law, circumscribed by shall be formed of printed paper sheets, without board, cloth, leather, t.he ri~orous llmitation placed upon it by judicial decisions, is entirely or other substantial binding such as distinguish printed books for inadequate, and bad its origin in conditions of employment and methods preservation from periodical publications: Provided, That the circula of operation long since outgrow.n and abandoned. tion through the mails of periodical publications issued by benevolent The basis of that svstem, briefly stated, is to place a legal liability or fraternal societies or orders, or by trades unions, strictly profes upon the employer to· tbe workmen for the loss of life or for disabling sional, literary, historical, or scientific societies, as second-class matter, injury wholly upon the ground of negligence of the employer, and to shall be Limited to copies mailed to members, exchanges, and bona put upon the person in.}m·pd the burden of establishing that negligence fide subscribers, together with 10 per cent of such circulalion in addi by competent legal proof. . tion as sample copies : Provided further, That the office of publication Jud!ci:il decision has S_!"'ecially lirrilted the common law of negligence of any such periodical publication shall be fixed by the association or when it is apnlied to e'.Il!Jloyees by the fc!low-serv.ant doctrine and the body by which it is published, or by its executive board, and snch assumed-risk docti·ine. 1 nder these doctrines accidents caused by fel- publication shall be printed at such place and entered at the nearest post-office thereto." low-se1·vants, 1bo1:.'.:\h net.:cssarily numerous under m_odern conditions, aI"e On page 2 strike out all of lines 20 and 21. uncompensated; and ac:dcents caused by dangers rnhereut in the occu- pation itself ::re likewise uncompensated, although such dangers steadily The SPEAKER. Is there objection? [After a pause.] The increase as the industry develops. The g-pneral principle of liability is seriously and sometimes fatally Chair hears none. restricted by the superadded limitation of contl"ibutory negligence. The committee amendments were agreed to. l1'in:illy, • s the hnrden of legal proof rests on the injured. even where The bill as amended was ordered to be engrossed for a third thE' decisions PntitTe him to a "right of recovery," he is unable to "secure his proofs,·· and so, frequently, redress is lost. reading; and being engrossed, it was accordingly read the thir and the State of Oklahoma, to reran and re-mark the boundary lines lines were merely mounds of earth, although a few monumenta of stone between said State and Te1-ritory, and for other purposes." were erected. Your committee recommend that said resolution as above amended " It is now more than forty years since this survey was made, and in do pass. all probability very few, if any, traces could be found of the mounds of earth established on the lines. l\Ir. STEPHENS of Texas. Mr. Speaker, the reading of the "So far as the records of this office show, but two monuments have letter from the Secretary of the Interior shows the pre~sing been found. These are situated on the one hundred and third meridian upon either bank of the Canadian River. However, one other monument necessity for the passage of this joint resolution. Red River is was found by Messrs. Chaney and Smith, who established in their sur the boundary line between the Choctaw and the Chickasaw vey of the public land strip, the south boundary thereof, known as the Nations in Oklr 11 oma and the State of Texas. By accretions Cimarron Base. This monument is not fully identified, but was found and erosions the river has been changing constantly since 1847, about 30 chains south of the point of intersection of their base line with the one hundredth meridian, and said mound may or may not be when the original survey was made. Some of the lands of the original monument established by Clark for the northeast corner of Texans are now in the Indian Territory and some of the In Texas. dian lands a.re in Texas. Under the Curtis Act lands were al "In view of the character of the monuments established in the. sur vey of 1858 and 1859, it would, I think, be safe to presume that during lotted among the Indians, and it is now necessary to definitely the long period of time which has elapsed since the survey these monu fix and settle this boundary question. The Secretary of the ments would become nearly 9r entirely obliterated by the elements. It Interior has favorably approved this joint resolution and says is further believed that the position of these boundaries has not been accurately located by astronomical determination. In the case of the that it i" necessary. It was first introduced in the Fifty-ninth one hundred and third meridian, Mr. Clark states that be went to the Congress by Mr. Sherman, the then chairman of the Committee Kansas boundarr for his longitude and took the location of a monument on Indian Affairs, now Vice-President, and reported favorably set by Colonel Johnston on said boundary as accurate, whereas sub e quent determinations of longitude (by Chaney and Smith) show this from that committee without a dissenting vote. At the same monument to be from 2 to 3 miles too far west. time there was a bill before the Committee on the Judiciary " There is, therefore, no doubt in my mind as to the great necessity settling the boundary between New Mexico and Texas. That for the redetermination astronomically of the three lines by the most accurate methods known to modern science, and their permanent estab· was favorably reported by the Committee on the Judiciary in lisbment and marking by durable monuments at mile stations. the Fifty-ninth Congress, and the report is now on file. It was "The resurvey and establishment of said boundary lines would in reported, but not called up, for want of opportunity. When we volve considerable astronomical observations for latitude and longitude, and the permanent and conspicuous marking of about 600 miles of line, were con idering the Sherman bill in the Committee on Indian and, in view of the remoteness and difficulties to be encountered in Affairs of the Rouse we added the bill reported from the Judi reaching portions of the llne and transportation of suitable mate1·ial ciary Committee as an amendment to the Indian Affairs bill. for boundary monuments, I am of the opinion that a compensation of at least $100 per linear mile will be required. We combined the two together at the suggestion of the Commit "At this rate the cost of resurvey and marking the several lines is tee on Indian Affairs for the reason that it would be unwise estimated at $60,000, which, with the sum of $5,000 for a critical ex and an unnecessary expense to the Go-verrunent to have a com amination of the survey would amount to $65,000. • • • mission running the line between Texas and the Indian Terri· " With the passage of time and the influx of settlers, miners, and others the distinct marking of the boundary lines will become more and tory and another like commission for the Territory of New more urgent, and in order that conflicts may be avoided and jurisdic Mexico and the State of r.rexas. Therefore the committee tion determined, I would recommend that all of said lines be correctly thought that the two should be put into one bill. It was so re located and permanentl1 marked at an early date. - " Inasmuch as the said boundary lines were confirmed by act of Con ported, but it did not reach a vote in the House. It has been gress approved March 3, 1891 (26 Stats., 971), I recommend that Con reported unanimously and favorably twice by the Committee on gress be requested to revoke such confirmation when the appropriation Indian Affairs and once by the Committee on the Judiciary. above suggested is made." The Secretary of the Interior reports in favor of its passage. The conditions enumerated in the preamble to the resolution passed by the executive committee of the International Miners' Association The commissioner of the general land office of the State of mentioned in the commissioner's letter, not only exist on the south Texas, in a letter which I have here, expressly recommends to boundary line of New Mexico, but the same conditions apply equally as the governor of the State that the matter should be settled; strong to the boundary line between Texas and New Mexico along the one hundred and third meridian. I know of no particular friction and in obedience to that request, the State has already appointed existing along the north line of the Panhandle of Texas on parallel 36 ° a commisi;;ioner to act in behalf of the State in settling this dis 30' north latitude, nor on the one hundredth meridian, the line between puted boundary between New Mexico and Texas. 'l'exas and Oklahoma, established in 1859 by Jones and Brown, from Red River to a point on the Canadian River, and from that point to the For the last fifteen or eighteen years, in fact since the coun northeast corner of Texas, in 1860, by Commissioner John H. Clark. try began to settle along that border, the citizens and towns The initial monument at the intersection of the one hundredth me along the one hundred and third meridian have been asking for ridian with Red River was established in 1859 by Daniel G. Major, astronomer. From this point Jones and Brown, contract surveyors, un a settlement of that unsettled and disputed boundary. I desire der the direction of the Indian Office, surveyed northward about 109 to read in my time a letter from the commissioner of the gen miles, setting monuments at every mile. Their "terminating monu ment" is 19 miles north of the Canadian River. In 1860 Commissioner eral land office of Texas to former Gov. Joseph D. Sayers, of Clark continued this survey to the northeast corner of Texas. This line that State, setting up these facts. At that time the commis was supposed to have been run on the one hundredth meridian. The sioner of the general land office of Texas was Charles Rogan. northeast corner of Texas, as established by Clnrk, is said to be about 1,000 feet west of the true one hundredth meridian, and the corner on The letter is as follows : Red River, as established by Daniel G. Major, is said to be 3.797 feet BOUNDARY BETWEEN TEXAS AND NEW MEXICO. west of that meridian. My information is that all surveys of land by Texas surveyors along this line were made with reference and in con GENERAL LA....._,D OFFICE, STATE OF TEXAS, formity to said line as the true boundary. Austin, December 16, 1902. In 1902 the United States caused another monument to be erected His Excellency JOSEPH D. SAYERS, on Red River where it intersects with the one hundredth meridian. The Govern()ll" of Te:cas. necessary observations and calc:ulations were mnde by Arthur D. Kidder, DEAR Srn: I have the honor to acknowledge receipt from you of a United States examiner of surveys, under the direction of the Commis letter add1·essed to yourself from Hon. Thomas Ryan, Acting Secretary sioner of the General Lnnd Office, in uccordance with the act of Con of the Interior, bearing date December 5, 190:?, with certain correspond gre s approved January Hi, l:JOl, who cstublisbed and witnessed a suit ence, with related papers, relative to the establishment of the boundary able monument of stone on the ground, which, according to a type between the State of Texas and the Territory of New Mexico, in which written copy of bis report furnished yourself by the Secretary of the be requests you to favor him with an expression of your views as to Interior, is at the point of intersection of the tl'Ue one hundredth me the necessity or advisability of the action proposed by the Commis ridian with Red River. In the typewritten copy of the report sent to sioner of the General Land Office at Washington in his letter of June you Mr. Kidder is made to say : " From this monument the old initial 4, HW2. monument bears due east 3,G99.7 feet." In printed document No. 33, The commissioner says : containing a letter from the Secretary of the Interior transmiting the " I have the honor to acknowledge receipt by departmental reference sam£' report of the determination of the intersection of the one hun to this office of a letter from Hon. Miguel A. Ote1·0, governor of New dredth meridian with Red River, Mr. Kidder is made to say : " From Mexico, incloslng a letter received by him from the secretary of the this monument the old initial monument bears due west 3,699.7 feet." International Miners' Association at El Paso, together with a preamble It is therefore quite clear that the one or the other of these copies, in and resolution passed by said association relative to the boundary line stating the location of the Kidder monument, is erroneous. The copy between the State of Texas and southern portion of New Mexico. sent you places the Kidder monument 3,699. 7 feet west of the old in " The r·esolution recites that by reason of lack of monuments and itial monument, while the printed copy in the hands of Congress places other data defining the line between Texas and New Mexico, the claim his monument 3,699. 7 feet east of the old initial monument. ants are unable to determine the location of their lands, and the asso On page 44, Document No. 635, published at the first session of the ciation makes formal protest to the authorities of the United States· Fifty-seventh Congress, the cartographer of the United States Geological against a continuation of tpis condition of affairs, and respectfully Survey, under the title of "Conclusion," after giving a history of the urges that the exact location of the line be definitely determined and surveys of the boundary on the one hundredth meridian, says : marked with monuments, in order that no confusion may hereafter " 1. The northeast corner of the P:mhandle of 'l'exas is fixed by law arise relative to the ownership of the lands adjacent to the said boun at the intersection of the parallel of 36° 30' and the one handr·edth dary line. meridian west of Greenwich. "You refer this communication to this office for 'consideration and " 2. This point was located by Clark in Jane, 1860, and a monument appropriate action.' was erected to mark it. "The boundary between Texas and New Mexico and between the " 3. Congress confirmed a part of Clark's survey In 1891, such con public-land strip and Texas was surveyed in 1858 and 1859 by J. H. firmation including his monument at the northeast corner of Texas. Clark, under the provisions of the act of June 5, 1858 (11 Stats., 310). " 4. Subsequent surveys, though inconclusive, make it probable that ".By the third section of said act the sum of $80,000, or so much the said Clark monument was established a little to the west-say, 1,000 thereof as might be necessary, was appropriated for the running and feet more or less-of the one hundredth meridian. marking of the boundary line. "5. The monument on the north bank of Red River, set by Major in " It appears from the report on the survey made under the act of 1859, to mark the eastern boundary of Texas at that point, is 3,797 feet 1858 that the major portion of the monuments erected to mark the west of the one 'hundredth meridian. 1) 7508 CONGRESSIONAL RECORD- HO.USE .. JUNE 6, " 6. By sub equent public-land surveys, approved by the General Land port, on page 280, Clark reports his line to have been located 184 miles Office, said monument on Red River has been accepted as marking the south from latitude 36° 30' north. A preliminary line run by us, be Tex.as boundary line at that point. . ginning at monument No. 11. on the one hundred and third meridian, "7. T'ho e !Joundary monuments, which are northward from this one and running south through monuments Nos. 10, 9, 8, 7, 6, and 5, all and which were set by Jones and Brown in 1859, have been accepted of which were found and identified, as described in the above-mentioned in the public-la nd surveys as boundary monuments of Texas. report, and prolonged (checked by folarls observations as hereinbefore) " 8. Said monuments were, by order of the Secretary of the Interior, 0 accepted by Clark in 1860 as marking the east boundary of the pan ~~':i1;~~t. lai~~;J:;d g'ue5~erfd1;; a1aib~v~i~sg;ib~~e r!~~~~:~~~.9ed handle. In surveying this line they continued north 126 miles and 274 varas, " 9. Said monuments are accepted by local residents as the boundary where they intersected a preliminary survey extended south from monu monuments between Texas and Oklahoma. ment No. 11 on the one hundred and third meridian to latitude 33° " 10. So far as I know, Texas has never accepted or disputed these 49' 51", being a point 126 miles and 274 varas north from the thirty monuments. second parallel and 184 miles south from parallel 36° 30' north latitude. " 11. To conform to these conclusions the boundary should, until bet They also claim to have made the connection between the two lines ter information is available, be drawn on maps as follows: made by Clark, which they say is 56 miles and 296 varas. In theJr " The northeast corner of the panhandle should be located on the report they claim to have identified monuments Nos. 10, 9, 8, 7, G, parallel of 36° 30' and about 1,000 feet west of the one hundredth and 5 on the one hundred and third meridian, as established by Clark. me1·idian ; thence a line should be drawn directly south, parallel to the A copy of their report is herewith handed you. Mr. Twitchell advises one hundredth meridian, to a point about 50 miles south of the starting me that some of the monuments are very dim and difficult to distin- point; thence a line (about 80 miles long) · should be drawn southward guish. · to Red River, intersecting it at a point 3,800 feet west of the one hun In conclusion, I do not deem ft wise to change the boundary between dredth meridlan." Texas and New Mexico from the lines establlshed by Clark, which bas On page 50 of the same document, after giving a history of the sur been accepted and confirmed by both the State and Federal Governments, vey of th e one hundred and third meridian, the cartographer deducts the and for the further reason that so many surveys have been made by the following conclusions : State with reference to said lines; and a great number of titles have "1. The west boundary of the panhandle of Texas ls fixed by law on been patented to people along said lines, who, in many instances, have the one hundred and third meridian. erected valuable and permanent improvements thereon ; but I do believe "2. Of the 310 miles composing the line 24 miles at the south end that the boundary line between the State of Texas and the Territory of and 156 miles at the north end were surveyed and marked with monu New Mexico established by Clark should be retraced and reestablished, ments by Clark in 1859. and that permanent monuments be erected at convenient and proper " 4. Clark's survey has been confirmed by the Unlted States. distances so that the question of boundary shall hereafter be forever " 5. Clark's survey has not been confirmed or disputed by Texas. settled, and to prevent further litigation between people residing in the "6. Of Clark's monuments south of the Canadian we have no infor State and those residing in the Territory. mation. It seems probable that many or most of them are lost As to the line between Texas and Oklahoma I am not prepared to "7. The boundary along the 130 miles not surveyed or marked by say what should be done. No friction has arisen from that source, so Clark is on the one hundred and third meridian as it shall hereafter be far as I am advised ; neither am I definitely advised as to where the surveyed and confirmed. Kidder monument is placed. " 8. As to the 24 miles at the south end we have no information to Congressman Joa. H. STEPHENS has introduced a bill in Congress to show that it is not on the true one hundred and third meridian. reestablish and re-mark these lines by n joint commission of the United "9. As to that part of the Clark line running southward from the States Government and the State of 'l'exas. In the event his bill Canadian River, about 80 miles, we have no information as to its longi becomes a law Texas should be represented on the ground by a thor tude except the monuments on the banks of the Canadian. oughly competent and practical surveyor. For making this survey the " 10. As to the longitude of that part of the Clark line north of the Commissioner of the General Land Office at Washington estimates that Canadian, we have no information except that depending upon Chaney's it will cost the United States 65,000. Texas will not only be re monument, according to which it is in about longitude 103° 02' west. quired to pay its own commissioner, but a reasonable part of the "11. Both Clark's and Chaney's longitude determinations are weak. expenses in making the survey. I have no idea what it would cost. " 12. Until a new and trnstwo1·thy determination of the longitude but I think an appropriation of $20,000 to $25,000 would be sufficient. has been made the boundary should be shown on the one hundred and Yery respectfully, third meridian from the Canadian southward and on the meridian of CHARLES ROGAN, 103 ° 02' from the Canadian northward. Oommiesioner of the Generai Land. Office, State of Tc1»as. " 13. A new and accurate determination of longitude should be made at an early day at a station in or near Texline, and thls station should be connected with Chaney's monument, with the XIT corner, and with From the statements made in this letter, it will be seen that Clark's monuments 15 16, and 17." this boundary matter has been up between the general land The boundary line, ln so far as the same was established by United office of Texas and the General Land Office at Washington, States Commissioner John II. Clark, was confirmed by Congress from the Rio Grande River to the northeast corner of Texas on the 3d \fay and fully considered by them, and they have suggested the of March, 1 91. On the 25th of the same month the entire line as passage of this resolution. It will be seen that the governor of surveyed by him was confirmed by a joint resolution of the lecrislature New Mexico and the National Association of Miners have pro of Texas, a copy of which is herewith attached. .. (General Laws of Texas. 22d legislature, pp. 193-194.) tested against the condition of affairs existing relative to this The cartog1·apher, therefore, is mistaken in his supposition that the disputed boundary, and asked for its speedy settlement. This Clark line has never been confirmed or accepted as the true boundary correspondence also shows that the boundary line in so far ns by the State of Texas. On the thirty-second parallel Mr. Clark ls said to have erected 32 the same was established by United States Commissioner John monuments, consisting principally of earth mounds or stone. On the H. ClaTk was con.firmed by Congress (from the Rio Grande one hundred and third meridian Mr. Clark erected 26 monuments River to the northeast corner of Texas) on the 3d day of chiefly earth or stone mounds. Many of them have been obliterated by time, while others wm soon disappear. March, 1891. The only solution of this vexed question is to According to a survey made by W. S. Mabry in 1882 to 1885, district re-run and re-maTk the boundary, as proposed by this re olu surveyor of Dallam, Hartley, and Oldham counties at that time and tion. The X. I. T. brand referred to is the cattle and ranch who now resides at San Antonio, Tex., and according to a survey 'made by Levi S. Preston, United States deputy surveyor, in 1900 there can brand of a syndicate headed by John H. Farwell, of Chicago. be no doubt as to the location of the northwest corner of Texas as This company, known as the Capitol Syndicate, received from located by Clar·k in 1859, and the northeast corner of the XIT pasture the State of Texas 3,500,000 acres of land for building the fence is on this corner. Besides this, 3 other monuments known as 15, 16, and 17, made by Clar·k on the west boundary line of Texas and magnificent state capitol of Texas, and its lands were located made by Clark in 1859 have been found on the ground by United along the eastern border of New Mexico. It will be seen from States surveyors and W. S. Mabry, of San Antonio, Tex., extending a reading of this letter that there is every reason why this bill south on the one hundred and third meridian. Neither can there be any doubt as to the location of the southeast corner of New Mexico should pass, and none why it should be defeated. I therefore as made by Clark in 1858 or 1859. l\Ionument No. 31 on the thirty hope that it will become a law. second parallel and monument No. 1 on the one hundred and third Mr. PAYNE. Mr. Speaker, my first recollection of this mat meridian made by Clark are still in existence, from which the original southeast corner can be identi1ied, even if a new corner had never been ter was at the session of the Fifty-ninth Congress, when a bill ma.de to perpetuate it. I do not know who made the new corner on the came up unexpectedly to enable Texas to annex some 600,000 southeast corner of New Mexico, but I am under the impression that acres of land from the Territory of New Mexico. It was here Col D. S. Woods, now deceased, advised me that he made it. It was be who located most of the Texas and Pacific Railway lands in that with a favorable report from the Committee on the Judiciary, pa.rt of Texas and who probably had a better knowledge of that part the gentleman from Iowa, Mr. Birdsall, having made the re of the State than any other surveyor, as be was a resident surveyor of port. I all the facts which I knew at that time in regard Barstow, Ward County, for a great number of years. l employed him got as a state surveyor in 1899 and 1900, and I have often beard him say to that case from the favorable report of Mr. Birdsall, because, that be found pieces of a broken bottle at the point where the monu fortunately, he had placed the documents of the United States ment for the southeast corner of New Mexico now stands, and my in in the report which showed that Texas had no right to this formation is that Mr. Clark buried o. bottle at that corner at the time he established it. 600,000 acres of land, which was worth then and is worth now In 1892 l\Ir. W. D. Twitchell, of Amarillo, Tex., who for the past $20 an acre, or more than $12,000,000. two years has been a state surveyor and at one time a draftsman in the general land office of Texas, and who in 1892 was a special deputy It seems that in 1850 Texas was claiming all of this land surveyor of Howard land district, and Mr. Mark Howell, of Roswell, now in dispute, and there was an arrangement made between N. Mex., aBd who, in 1892, was county surveyor of Chaves County, Texas and the United States, ratified by Congress and by the N. Mex., surveyed the boundary line along the one hundred and third meridian as fixed by Clark, in so far as be ran the same north from legislature of Texas, whereby the lines for the Panhandle were the southeast corner of New Mexico, which they claim was 70 miles. described as bounded on the east by the Red River and by the At the seventieth-mile point, after describing the monument, they say one hundredth meridian, and on the north by latitude 36.30, and in their joint report, one of which was filed in the general land office, Austin, Tex., December 29, 1892, that- on the west by the one hundred and third degree of longitude " This monument marks the point to which John H. Clark ran north west of Greenwich. That was agreed to by both parties, and from the thirty-second parallel, as stated ln his report on page 279 of Tex.as relinquished all lands outside of that, and in considera the commissioner's report upon the survey of the United States and Texas boundary ( 47th Cong., 1st sess., Ex. Doc. No. 70), the same being tion the United States paid Texas $12,000,000 in money. So that 1n latitude 33 ° 00' 58" north. In the" above-quoted commissioner's re- we had a pretty good title to that land. I 1910. . CONGRESSIONAL RECORD-HOUSE .. 17509 Afterwards there was some dispute about where the one hon- beaten. The next Congress the gentleman presented his. bill dred and third meridian actually was and where the one hun- and it went to the Committee on the Judiclai:y. The Colllmlttee dredth actually was. An act was passed by Congress, accepted on the Judiciary would not report the bill, or else they reported by the Texas legislature, that each party should appoint one it adversely i I do not remember which. They were all against commissioner, who should go and survey these lands-the one it. There it laid during the Sixtieth Congress. In this Con· hundredth meridian west of Greenwich and the one hundred gress the gentleman comes in in this fa.sbion. He introduces a and third degree of longitude west of Greenwich. One John H. joint resolution with this title: Clark Was Sent by the Government. Authorizing the President o:f the United States, 1n conjunction with the State. of Texas, to reestablish and re-mark the boundary lines be The act was passed in 1858 and he was sent there in 1 8 59· tween the Indian Territory and the State o:f Texas. and for other Texas also sent a surveyor, who stayed on the job a few weeks, purposes. got tired. and quit, and left Clark to finish the job and the S?r- The.re is not a word said about the boundary line between vey. The point was to establish the one hundred and third Texas and New Mexico, but he adds the words "and for other meridian and the one hundredth meridian. Mr. Clark went to purposes." Why? The Committee on Indian Affairs had noth work and by establishing the one hundredth meridian at Kan- ing to do with questions between the United States and the sas line, or by ascertaining where it had been established by a Territory of New Mexico. previous surveyor. He surveyed back and got down into ~e:ras Such things must go to the Judiciary Committee or to 1:J1e and fixed the monument at the one hundred and third mer1dian, Committee on Territories, but the Committee on Indian Affairs and I think the monument ts there to-day. . could not get jurisdiction of_ that bill with an honest title. But the one hundred and third meridian at the Kansas line Under the guise of that name which he gave to this child he had been established 2-§ miles west of where it ought to .be by sent it to the Committee on Indian Affairs, and he is the rank the mistake of a former surveyor, and sub~equently the United ing minority member of the Committee on Indian Affairs, 3:11d States sent another surveyor the.re with better methods, and by has been there for a good many years. It is reported out with triangulation and observation of the moon and the stars, 8;11d this amendment to the title: so forth he established the true meridian at the Kansas hne Amend the title so as to read: nnd mo;ed it 2 miles and a little over east of where it had "Joint resolution authorizing the President o:f the United States, in been loe.ated .,,..,d that i's the line as located to-day. conjunction with the State of Texas, the Territor-y of New Mexico, and before' u..u: the State of Oklahoma, to re-l'un and: re-mark the boundary lilles be- Afterwards the Government of the United States sent Mr. tween said States and Territory, and for other purposes." Kidder, a surveyor nnd engineer, there to go over the lin~s. of The Indian Territory comes in under the other purposes now, Mr. Clark. What did he find? This one hundredth me~i~an and still the Indian Territory had got to be the State of Okla wa.s located 11 chains and 26 links west of the true meri tion can be shown by competent parol evidence, or by the topo~raphlcal SEc.-4. That every carrier who himself, or by his officer, agent, or maps, or field notes made by said Clark ; the monuments so round, or servant authorized to issue bills of lading, shall Issue an order bill of .their position so identified, shall determine the true position and lading or a straight bill of lading, as defined by this act, 'before the course of the boundary lines as marked by said Clark to the full ex whole of the property as described therein shall have been actually tent of the survey made by him; and where no survey was actually received and is at the time under the actual control of such carrier originally made on said lines it shall be the duty of the said com to be transported, or who shall issue a second or duplicate order bill of missioners to run a straight line between the nearest points determined lading or straight bill of lading for the same property, in whole or in by the Clark survey, and when said strai~ht lines have been so run, part, for which a former bill of lading has been issued and remaina marked, and agreed upon by the commiss1oners they shall thereafter outstanding and uncanceled, withouv prominently marking across the form the true boundary lines. face of the same the word "Duplicate," shall be estopped, as a"'ainst the consignee and every other person who shall acquire any such bill He names the " true meridian" at the one hundredth degree of lading in ~ood faith and for value, to deny the receipt of the prop west of Greenwich, not the old Clark survey. Why? Because erty as described therein, or to assert that a former bill of lading has that does not take any land from Texas and give it to Oklahoma been issued and remains outstanding and uncanceled for the same property, as the case may be; and such issuing carrier shall be liable as the Clark survey did. Then when he gets to the one hundred to the consignee named in a strai!?ht bill, or to the holder of an order and third degree he wants to have the lines of the Clark survey bill who has given value in good faith, relying on the description therein so far as they exist now, because that gives 3 miles in width of the property for damages caused by the nonreceipt by the carrier of all or part of the property, or its failure to correspond with the descrip of additional territory to Texas to come out of New Mexico. tion thereof in the bill at the time of its Issue, or for the failure to Mr. MONDELL. The purpose, then, I understand, is to fol mark the word " Duplicate" upon a second or duplicate bill as indicated low the Kidder survey where the Kidder survey gives more above: P1·ovided, That where an order or a straight bill of lading is issued for property billed "shiJ?per's load and count," Indicating that land to Texas and to follow the Clark survey where the Clark the goods were loaded by the shipper, and the description of them made survey gives more land to Texas. by him ; and if such statement be true the carrier shall not be liable Mr. PAYNE. Certainly, that is it. And what else do you for th~ nonreceipt or by the misdescription of the goods described In the bill, in which event the estoppel and liability above provided shall expect from a gentleman whose State received $12,000,000 for not attach. this land and comes in now, sixty years afterwards, and tries to SEC. 5. That every carrier, or officer, agent, or servant of a carrier, get it back by reason of an incomplete, unfinished survey, pal who shall deliver the property described in an order blll of lading without requiring surrender and making cancellation of such bill, or, pably incorrect, and demonstrated to be wrong? in case of partial delivery, indorslng thereon a statement of the prop Every word of information that I have given you has come erty delivered, shall be estopped, as against all and every person or persons who have acquired, or who thereafter shall acquire, in good from the documents of the United States. faith and for value, any such order bill of lading, from asserting that The SPEAKER. The time of the gentleman has expired. the property as described therein has been delivered or partially de Mr. CARTER. A parliamentary inquiry, Mr. Speaker. livered ; and such carrier shall be liable to every and any such person for the damages which he or they may have sustained because of Mr. STEPHENS of Texas. I desire to offer an amendment reliance upon such bill. fo the bill. There is a committee amendment, and I desire to SEC. 6. That no carrier shall be liable under the provisions of this offer another one, act where the property is replevied, or removed from the possession of the carrier by other legal process, or has been lawfully sold to satisfy Mr. CARTER. Is the bill up under suspension of the rules the carrier's lien, or in case of sale or disposition of perishable, hazard or by unanimous consent? ous, or unclaimed goods, in accordance with law or the terms of the The SPEAKER. Under the suspension of the rules. bill of lading. • SEC. 7. That any alteration, addition, or erasure in a bill of lading Mr. CARTER. Then an amendment can not be offered? after its Issue without authority from the carrier issuing the same, The SPEAKER. You can do almost anything by unanimous either in writing or noted on the bill of lading, shall be void, but such consent. bill of lading shall be enforceable according to its original tenor. Mr. PAYNE. Regular order! The SPEAKER. Is a second demanded? The SPEAKER. The question is on the motion to suspend Mr. ADAMSON. Mr. Speaker, I demand a second. the rules and pass the resolution. Mr. STEVENS of Minnesota. I ask unanimous consent that a The question was taken, and the Speaker announced that the second may be considered as ordered. Chair was in doubt. Mr. ADAMSON. I do not think I will consent to that. I ob The House divided; and there were-ayes 63, noes 47. ject. So, two-thirds not having voted in favor thereof, the motion The SPEAKER. Does the gentleman object to considering a was rejected. second as ordered? BILLS OF LADING. Mr. ADAMSON. Yes, sir. Mr. STEVENS of Minnesota. Mr. Speaker, I move to sus The SPEAKER. The gentleman from Minnesota [Mr. STE pend the rules and pass the bill H. R. 25335. VENS] and the gentleman from Georgia [Mr. ADAMSON] will take The SPEAKER. The gentleman from Minnesota [Mr. their places as tellers. The House divided; and the tellers reported-ayes 00, noes STEVENS] moyes to suspend the rules and pass the bill, which the Clerk will report. none. So a second was ordered. The Clerk read the bill, as follows : The SPEAKER. The gentleman from Minnesota [Mr. STE A bill (H. R. 25335) relating to bills of lading. VENS] is entitled to twenty minutes and the gentleman from ORDER BILL OF LADING DEFINED. Be it enacted, etc., That whenever any common carrier, railroad, or Georgia [Mr. ADAMSON] to twenty minutes. transportation company (hereinafter termed "carrier") shall issue a Mr. STEVENS of Minnesota. l\Ir. Speaker, this is a measure bill of lading for the transportation of property from a place in one which has excited considerable interest in the mercantile, ship State to a place in another State (the word "State" to include any It Territory or District of the United States), which bill shall be, or pur ping, manufacturing and banking interests of the country. port to be, drawn to the order of the shipper or other specified person, prescribes some obligations to attach to the bills of lading er which shall contain any statement or representation that the prop which are now used in interstate transportation. In substance erty described therein is or may be deliverable upon the order of any person therein mentioned, such bill shall be known as an " order bill of the bill provides, first, for defining what shall be an order bill lading" and shall conform to the following requirements: of lading and what shall be a straight bill of lading, and these (a) In connection with the name of the person to whose order the provisions are essentially the same as laid down by the Inter roperty is deliverable, the words "order of" shall prominently appear state Commerce Commission in its order prescribing the uniform En print on the face of the bill, thus: "Consigned to order of ---." (b) It shall contain on its face the following provision: "The surren bill of lading of June 27, 1908. The conditions and provisions der of this original order bill of lading, properly indorsed, shall be of the bill of lading as recommended by the commission are required before delivery of the property." contained on the back of these order bills of lading, and are (c) It shall not contain the words "Not negotiable" or words of simi lar import. If such words are placed on an order bill of lading they identically the same as apply to a straight bill of lading. sha II be void and of no effect. , The second provision is, where a bill of lading has been (d) Nothing herein shall be construed to prohibit the insertion in an in order biJ: of lading of other terms or conditions not inconsistent with issued by a carrier, where the goods have not been received the provisions of this act or otherwise contrary to law or public policy. whole or in part, or where the goods have been delivered and the STRAIGHT BILL OF LA.DING DEFINED. . bill of lading has not been surrendered, the carrier is estopped as SEC. 2. That whenever a bill of lading is issued by a carrier for the against a bona fide holder in good faith, or transferee in good transportation of property from a place in one State to a place in an faith, in denying the receipt of the goods or that the bill of lad other, in which the property described therein is stated to be consigned or deliverable to a specified person, without any statement or repre ing is outstanding. That is the substantial section of the bill. sentation that such property is consigned or deliverable to the order of 'rhe next provision is that an order bill of lading must be sur any person, such bill shall be known as a "straight bill of lading" and rendered when the goods are delivered, and if not done the car · shall contain the following requirements: (a) The bill shall have prominently stamped upon its face the words rier shall be liable for any damages which may ensue, and the "Not negotiable." last provision is that any alteration of the bill of lading shall (b) Nothing herein shall be construed to prohibit the insertion in a be void and that the bill shall be enforceable according to its straight bill of lading of other terms or conditions not inconsistent with the provisions of this act or otherwise contrary to law or public policy. original tenor. These provisions are the essential provisions SEC. 3. That a carrier sh.all be liable to any person injured thereby of this measure to be contained in bills of lading entering into for the damage caused by the failure to comply with any of the provi interstate commerce. These provisions are in the law in many sions of sectjons 1 and 2 hereof. But an order or a straight bill of lading, notwithstanding such noncompliance, shall be within the provi of our States now, either under common law or under the state sions of this act. statutes. A list of the States and provisions of each State are 1910: CONGRESSIONAL RECORD-· HOUSE. 7511 contained in the hearings of the Committee on Interstate and of the goods over any line with which they connect and over Foreign Commerce and in the report on bills of lading of the which the goods are to be carried. Do you not think there commissioners on uniform laws. This matter has been dis ought to be a provision in this legislation that would prevent cussed by the commissioners on uniform laws, and the provisions railroad companies from doing that? I have just described are essentially those which are recom Mr. MANN. That is in the law now. mended and have already been adopted by some of the States. Mr. STEVENS of Minnesota. That was the Carmack amend . Now, the evils which exist and call for this legislation are ment in the Hepburn law. these : Some carriers have been very careless in issuing bills of Mr. MANN. And it was stricken out by the Senate amend Jading and in taking up order bills of lading when the goods ment to the House railroad bill, by the way. called for by such bills of lading were delivered to the consignee. Mr. CULLOP. While you are amending the bill of lading in The result has been that serious mistakes have occurred and great this respect, complying simply with the· laws of most of the chances for fraud and losses have been given l;ly this negligent States, ought not that provision to be in this bill? manner of doing business. Here is a mass of letters that have Mr. MANN. It is now the law. come to the Committee on Interstate and Foreign Commerce Mr. STEVENS of l\Iinnesota. That same provision is law from almost every State in the Union, giving a large number of now, and is a part of the Hepburn bill passed four year ago, instances of the carelessness of carriers in issuing bills of lad making the original road receiving the goods responsible for ing und detailing the losses to shippers, merchants, and banks the goods to destination, and then the originating line would by reason of such carelessness. settle with the shipper and the connecting roads. For example, in Tennessee, at one important station, the Mr. CULLOP. That only applies to interstate roads. Have agent of the carrier sjgned very many bills of lading, and for this you one that applies to States? purpose used two rubber stamps of different desjgn, both with Mr. STEVENS of Minnesota. We can only care for inter- the name of the agent and, presumably, both duly authorized by state shipments. the carrier. But such a method would make it extremely easy Now, Mr. Speaker, I reserve the balance of my time. for fraud, forgery, and offer a temptation to minor employees Mr. KEIFER.. I want to ask the gentleman one question. to issue blank and fraudulent bills which might demoralize Mr. STEVENS of Minnesota. Just a moment. the entire business of that section of the country. These Mr. KEIFER.. I assume that the authority to pass this act stamps were used interchangeably, and nobody knew which is based upon the idea that it relates to common carriers, inter was the authorized stamp, and it is possible or probable that state, does it not? both were authorized. There was not a scintilla of writing on Mr. STEVENS of M"mnesota. Yes, sir. any bill of lading issued, a~ was required by the form prescribed Mr. KEIFER. Now, in section 6, perhaps in section 5, there by the Interstate Commerce Commission. This left the matter are provisions in reference to carriers that seem to be general, so widely open that it is a wonder more injury has not been and apply to all carriers. caused by such carelessness. By the way, the Interstate Com Mr. STEVENS of Minnesota. Mr. Speaker, all of these pro merce Commission, when it prescribed this form of uniform vi.sions refer to the original language o! section 1, which pre bills of lading, stated that it had no authority to do anything, scribes the scope of the bill of lading covered by this act. but only recommended the adoption of the form, and it has Mr. KEIFER.. Section 6 reads: been substantially adopted by the carriers 1n the East. The That no carrier shall be liable under the provisions of this act. · result as to that particular station in Tennessee was, nobody Mr. MANN• . The word "carrier" is defined in the first para can quite tell whether there are any bona tide bills of lading graph. or not from that station, and there is a suspicion against all of Mr. KEIFER. That is the definition. I suppose it provides them, and that casts a cloud of suspicion over all the honest that the carrier shall be a carrier that is transporting material business and business men of that community. from one State to another. A letter just received from Buffalo, N. Y., states that in one Mr. STEVENS of Minnesota. That is the definition of the of the most important railroads running into Buffalo the agent word " carrier." of the road received large consignments of grain, and he did Mr. KEIFER. Section 5 provides "that every carrier or not attempt to take up bills of lading for that grain. He al agent, or officer or agent, or servant of a carrier who shall de lowed the grain to be forwarded without any attempt to take liver property," and so forth. Now, then, it would seem to me up the bills of lading; and when the grain was forwarded it that the bill ought to be more definite. While it is true that was without any bills of lading, and then he issued them in section 1 of the bill says "herelnafte.r termed carrier," that blank and delivered them to the shippers. Here was -an open only amounts to speaking of the carrier. invitation to fraud and injury, both in not compelling the sur But we know that a carrier may be intrastate as well as render of the original bills, but later in not issuing the proper interstate. bills as required by the order of the commission. Mr. STEVENS of Minnesota. We have defined the word In my own State there was a case where cars were ordered "carrier" as an interstate carrier, I think, by that section, for a consignment of butter. The cars were put on the side and -provide that that definition shall apply to the word track, and the agent at once issued bills of lading for the fully wherever used in the bill. loaded cars, and the bills of lading were forwarded at once to Mr. KEIFER. You do not say that, however. the consignee in New York and were sold there. Before the cars l\Ir. GILL of Maryland. I should like to ask if you have elimi could be fully loaded the sheriff descended upon them on behalf nated from this bill the provisions that were in the bill as of some creditors and carried the butter away. The railroads originally presented by you which compel steamers engaged in paid no attention to the matter, and heavy losses were had by foreign commerce to have the same sort of a bill of lading? the purchasers of the original bills. Mr. STEVENS of Minnesota. Yes; we have eliminated these There are many hundreds of instances of this kind which foreign bills of lading such as the gentleman refers to. Illustrate the necessity for some compulsion of care and exact Mr. GILL of Maryland. This does not cover steamship lines ness in the issue of these importanf documents. No one would engaged in foreign commerce? think of issuing promissory notes or bills of exchange or cer Mr. STEVENS of Minnesota. No; it covers steamers engaged ti:fica tes of deposit so recklessly and with such temptation to in domestic commerce. fraud. Yet these bills are equally as important and valuable Mr. BARTLETT of Georgia. I desire to call the attention and even more numerous in the commercial life of to-day. Then, of the gentleman to section 1, paragraph d, of this bill: too, these easy ways of issuing such bills are in some railway (d) Nothing herein shall be construed to prohibit the insertion in an systems a species of favoritism, approaching a scheme of rebates. order bill of lading of other terms or conditions not inconsistent with They may be issued by one railroad to solicit business where the provisions of this act or otherwise contrary to law or public policy. another and: rival road would not care to take such chances. The gentleman is aware, of course, that under the Hepburn So the practices of the most reckless line will prevail, as it law what was known as the Carmack amendment provided that always does in such matters, and sets the standard for the rest the iilltial carrier shall be liable to the shipper, notwithstanding of them. So the object of this measure in part is to give the the loss may not have occurred upon his particular line; that honest, careful railroad management an even chance to com the iilltial carrier shall pay the loss and collect from the carrier pete with business with the reckless, irresponsible management who occasioned the loss. N<;>w, if this bill becomes a law, what and to stop the prevailing favoritism to some favored shippers. is to prevent the carrier from placing in one of these bills of And any measure which is not oppressive and tends to compel lading a limitation of the liability as to loss upon its own lines, carefulness and fairness must be of benefit to the general publio. or any other similar limitation? Mr. CULLOP. I see no provision in here respecting a bill of Mr. STEVENS of Minnesota. Because it would be contrary to la.ding in this respect especially. Railroad companies usually law, and so void and of no effect. insert a clause in their bills of lading that the company issuing Mr. BARTLETT of Georgia. I will ask the gentleman if this the bill of lading will not be responsible for the safe carriage does not mean simply limitations contrary to this act1 7512 CONGRESSIONAL RECORD-HOUSE. JUNE 6, Mr. STEVENS of Minnesota. No. We provide that nothing Mr. COOPER of Wisconsin. Will the gentleman yield? can be placed in the bill of lading that is either contrary to this Mr. ADAMSON. Certainly. act, contrary to law, or contrary to public policy. l\Ir. COOPER of Wisconsin. The gentleman is a member of I reserve the balance of my time. the Committee on Interstate and Foreign Commerce? Mr. ADilfSON. Mr. Speaker, I should like to have the at Mr. ADAMSON. I am. tention of a few of the most intelligent of my colleagues. I Mr. COOPER of Wisconsin. Will the gentleman tell us why thank them for their ready response, for I perceive thereby that this legislation was not embodied in the railroad interstate law? they are all intelligent. · Mr. ADAMSON. All that is constitutional is embodied in I do not feel called upon to apologize for opposing this bill. existing law. It is all in except the provision making the car Neither do I feel that I am called upon to play the part of an rier pay forged bills of lading. I will inform the gentleman Atlas and can-y the world on my shoulders, if the balance of from Wisconsin that this is not a matter that the public has the Members want to do wrong und I alone think I am doing seemed to take any interest in. The banks want to take the right. railroad companies out of the transportation business and put We all believe in good bills of lading, and they are incidents them in the banking business. We have been working twenty to commerce, but we already have them. By the Carmack years to try and make carriers do their duty in transportation, amendment it was made obligatory upon interstate carriers to and lo and behold, the bankers, because of carelessness in veri issue a bill of lading every time a shipment is received. There fying their checks and bills of lading, have lost money by rascals are other provisions which I will refer to later. in some of the States, and now propose to interfere with the Every good thing proposed in this bill is already the law. management of the transportation companies in the discharge The first two or three pages, defining and differentiating be of their duty by putting them into the banking business and re tween -the different kinds of bills of lading, constitute very quiring them to furnish bankable paper and pay for it, whether beautiful reading, but they are already fully provided for by forged or not. That would impair their usefulness as carriers. law, and pursuant to the Carmack amendment the Interstate It would be contrary to sound public policy and should not be Commerce Commission has approved a uniform bill of lading allowed. which has been accepted by the carriers, 'vhich the banks show Mr. COOPER of Wisconsin. I find on page 4, line 13, a pro by. their circulars that they have adapted to their use for all vision- · lawful purposes, and this uniform bill of lading answers every P 1·ovided, That where an order or a straight bill of lading is Issued for property billed "shipper's load and count," Indicating that the goods possible good purpose covered by the bill. For instance, the were loaded by the shipper, and the description of them made by him- Carmack amendment prohibits the insertion of any limitation .of liability in the bill of lading, and makes it the duty of the car Now, suppose the goods are properly described, but they were rier to answer to the lawful holder of the bill of lading at the not delivered through the wrongful act or negligence of the car· other end of the line. rier. Then it is provided that- and if such statement be true the ca1·rier shall not be liable for the Reference is made here to what the States have done. Yes, nonreceipt or by the mlsdescrlption of the goods described in the blll, States may pass this or any other law as to corporations which In which event the estoppel and liability above provided shall not attach. they. charter and for which they are responsible; but we de Does that mean that the company shall not be liable for the rive our authority to regulate commerce from the constitutional nondelivery of these goods? provision alone .giving us the absolute power to regulate inter Mr. ADAMSON. I do not understand the tricks of the other state commerce. Under that if an agent, such as the gentleman side, but I will state my conception of that proviso. I under from Minnesota [Mr. STEVENS] describes, carelessly issues a stand it to mean that the railroad may avoid the liability for bill of lading prematurely, pending actual delivery to the car quantity and quality if it permits the shipper to load and count rier of a consignment of goods for shipment, he violates sec and puts it on the bill of lading; that is, if it is the shipper's tion 3 of the act to regulate commerce and is guilty of a dis crimination, and whoever is injured thereby can recover from load and count. hiin civilly and prosecute him criminally. There is no trouble I assure the gentleman, further, that it will be a rank dis crimination and may, like the other pro-v ision requiring them to about that. pay a forged draft or bill of lading, open tbe widest field for Section 8 provides that anybody who is injured may recover. rebates in this country that was ever attempted. If they can Then what is left in this bill? Nothing but one bare, open discriminate between shippers by that sort of preference, what proposition, that, if two scoundrels, an agent of a railroad and is the use· of a law against discrimination? a man who is not the agent of a railroad, conspire together If you are going to allow a railroad to recognize a false nnd when there is no transportation and no shipment .intended, and forged bill of lading in the hands of a favored shipper, and pay forge a bill of lading and get it off on a bank, that the railroad it off, what better way to legalize rebates would you ever have shall pay the bill for the goods described in that forged in than that? strument, although there was never any shipment either actual Mr. FORNES. Do I understand the interstate-commerce law or intended. That is all there is in this thing. makes the initial carrier responsible for the goods to their desti That is the only thing left in it. The banks propose to us to nation beyond its own lines? excuse them from all diligence in making inquiries and verify Mr. ADAMSON. Yes. ing paper by making carriers responsible for forged bills if a l\Ir. FORNES. And that is the law now? man who is agent for the carrier commits forgery in collusion Mr. ADAMSON. Yes; and it is as good a law for bills of with another fellow and probably shares the profit. lading as ever could have been made. It properly recognizes Not only that but they refuse to prosecute the conspirators. the bill of lading as merely an incident to the actual transporta This bill has been introduced three or four times in Congress. tion, but it is the actual transportation that gives us our only It was championed first by the gentleman from Michigan [Mr. jurisdiction. TOWNSEND] and he grew ashamed of it and quit it. It was af Mr. FORNES. Then the corporation that issues that bill of terwards championed by the gentleman from Virginia [l\Ir. Jading becomes responsible for the goods shipped under · that MAYNARD] and he quit it. Then here it is introduced by the bill of lading. distinguished gent~man from Minnesota, and it is pretended Ur. ADAMSON. Certainly, under the present law. There is that it is to meet the cases which are making so much excite not any trouble as to any possible case where there is any at ment in the country now about robbing foreigners by forged tempt at transportation. If an agent makes a mistake in actual bills of lading. Yet the supporters of the bill have eliminated transportation and issues a bill of lading which is wrong, and all foreign business, so it can not affect such cases at all.. an innocent third person is injured by it, recovery can be had. We madP. the point that if a paper be forged inside of a State, l\Ir. CULLOP. Does· the gentleman understand that the Congress has no constitutional power to punish for that. The railroad bill which was passed by the Senate last week strikes friends of the bill conceded the point and struck out the down that provision? criminal prosecution. Then we said there is no differentiation Mr. ADAMSON. No; it does not. as to the constitutionality between dealing with the transaction l\fr. CULLOP. Oh, I beg the gentleman's pardon. It pro under the civil law and under the criminal law. If it is un vides that they shall not be liable beyond the end of their constitutional to deal with it criminally it is unconstitutional own line. to deal with it civilly. Mr. ADAMSON. I do not understand it that way. There is local law to punish every such criminal that has ever Mr. CULLOP. I think I can show it to the gentleman. been brought to the attention of the courts within the United Mr. AD~SON. But if it is that way, that bill has not yet States, and if there is not law existing now and existing for become a law. generations to recover civilly, it is because of the negligence of l\Ir. BURLESON. What pro-.ision of this law does the gentle the parties discounting the forged paper to exercise due dili man claim makes rebating and discrimination easier on the gence and use the means at hand to avoid imposition. part of the railroads? 1910. CONGRESSIONAL RECORD-HOU-SE. r7513 · Mr. ADAMSON. The requirement that a railroad shall pay the frequent interruptions. :M:r. Speaker, I desire to print the or may pay a bill for which it never receives any freight is minority report in connection with my remarks. one. If it goes and pays for something it never receives on a The SPEAKER pro tempore. Is there objection to the re forged paper, it is a largess, and the scheme could be used quest of the gentleman from Georgia? [After a pause.] The for rebating. Chair hears none. Mr. BURLESON. Then the railroad would have to connive The minority report is as follows: with the man who issued the false· bill of lading. VIEWS OF THE MINORITY. Mr. AD.A.l.\ISON. Yes; if it used that method of rebating, Being unable to concur with the favorable recommendation o.ccom it could permit issuing the false bill of lading, of course. punying the report of this bill, the undersigned respectfully submit the Mr. BUHLESON. And yet the gentleman contends that the following suggestions _: railroads should not be liable upon that false bill of lading? AN OLD SUBJECT. The subject-matter of this bill has been before Congress for several 1\fr. ADAMSON. Oh, no; the gentleman mixes two cases en terms. The old bill was lately amended by our committee in several tirely. .All rebates are the result of connivance, of course. If particulars, including the omission of all criminal provisions and all the railroad wants to make rebates, it has to find a way to do it; reference to foreign business. After being so amended, it was rewritten and if you stick a provision in here that they may go and and reintroduced in its present f'lrm. recognize and shall recognize and pay for a forged bill of lading, CONSTITUTIONAL PA.RTS ALREADY PROVIDED FOR. In so far as it is within the power of Congress to enact the provi which is illegal without the basic fact of shipment under the sions of this bill into law, the subject-matter is already adequately commerce clause of the Constitution, you enable that railroad provided for by existing statute. It will be observed that the bill re to make rebates if it wants to, and recognize and pay just that verses the usual order of dealing with transportation as the basic fact to be regulated and treating the bill of lading as only an incident to sort of thing. evidence the fact. This bill deals directly with the incident it elf, re· Mr. COOPER of Wisconsin. Do I understand the gentleman gardless of the existence or absence of any actual transportation to from Georgia to say that under that proviso which I read from authorize any bill of lading. That is in marked contrast with existing law in the Hepburn amendml!Dt referred to in the majority report. It page 4 of the bill it would be possible for a shipper to put the makes the following requirements: . goods into the car, make his o-wn count, make his own bill of "Any common ca.rrier, railroad, or transportation -company rec(}iving lading? property for transportation from a point in one State to a point in another State shall Issue a receipt or bill of lading therefor and shall be Mr. ADAMSON. Yes; as to loading and counting; and the liable to the lawful holder thereof for any loss, damage, or injury agent indorses that on the bill of lading. to such property caused by it or by any common carrier, railroad, or Mr. COOPER of Wisconsin. And the railroad company would transportation company to which such property may be delivered or over whose line or lines such property may pass, and no contract, receipt. hold that it was liable only for that which was actually re rule, or regulation shall exempt such common carrier, railroad, or trans· ceived and transported? portation company from the liability hereby imposed." 1\Ir. AD..cUISON. - I so understand. It is understood that the carriers have generally adopted a form of bill of lading approved by the commission which is satisfactory to the 1\Ir. COOPER of Wisconsin. Claiming that the shipper had parties to the shipment, consignor, carrier, and consignee. That. uni miscounted or done something else? form bill of lading is also capable of meeting all the requirements of Mr. ADAMSON. That is it. shippers and the discounting banks, which are promptly and intelli gently adapting this uniform bill of lading to their purposes, as shown Mr. COOPEU of Wisconsin. It would collect only for what by the following circular of instructions being sent out by them to it-the railroad-said was the proper count. shippers: l\fr. AD..cUISON. That is the way I understand it. ' No loans will be made by this bank secured by bills of lading unless they are on the uniform bill of lading as approved by the Interstate Mr. COOPER of Wisconsin. Why could they not ship a good Commerce Commission June 27, 190 , and after it has been verified by many more goods than that actnally put into their bill of lading the bank located at the point of issue, or acknowledged by the local and in that way practically effect rebates to a fayored shipper? freight agent before a notary public or commissioner of deeds, or guar anteed by a surety company. Please let us know whether in your Mr. ADAMSON. I would call that a reciprocal loophole, opinion it will be practicable for you to get your bills of lading so through which either party could slip. verified." Mr. COOPER of Wisconsin. In other words, le~the shipper Local bankers accepting these bills and drafts can easily protect themselves and all other banks against fraud. Being in the immediate fix the car and put into it what he pleases and make his own locality with the carrier's agent and the consignor, it would require a.s bill of lading. little care as is usually exercised in making ordinary loans and dis Mr. ADA..l\ISON. Yes. . counts. The consignor usually ships the goods for delivery on a sale already Jllr. COOPER of Wisconsin. Then the goods are shipped and made or to be negotiated. For convenience, and to secure prompt pay there does not seem to be what there is in the bill of lading ment of his purchase money, be draws a sight draft, attaches it to the and the raih'oad company collects for what it finds in the bill bill of lading, and deposits both in the local bank, which transmits them to its correspondent bank at the point of destination, which de of lading. livers the bill of lading when the draft is paid. In prospect of collect 1\Ir. ADAMSON. It would seem so. The circular from ing the draft, the bank often advances to the consignor money on the which the minority report quotes and the law cited show that faith of the shipment. There is no trouble about that if the initial parties are vigilant and the original equities are not altered or dis existing bills of lading are all sufficient for actual trans turbed. portation. Foreign business is all eliminated, and there is not COllPLAINTS WHICH THE BILL SEEKS TO REMEDY. one particle of foundation for the statement so often made that The banks which make advances on the shipments complain of occa the moyement or price of cotton depends on this bill at all. sional loss from two causes : First, the carriers deliver to the wrong party, and when the indorsed bill of lading is presented demanding the That is merely a scarecrow to mislead people. A study of the goods they are not forthcoming; second, sometimes the bill of lading successive bills and the amendments thereto and existing law is untrue in its recitals. Although issued in connection with actual on the subject will dispel that delusion. shipment, the goods had not been completely delivered to the carrier, Mr. CULLOP. Referring to the point I spoke of a moment and the bill was prematurely issued to accommodate the shipper. Some times there is no shipruent made nor contemplated, but by collusion ago in the Senate bill as passed there a few days ago is this the agent of the carrier issues to a confederate a paper purporting to provision, which in my judgment is unjust, Mcause it writes be a bill of lading, but based on no fact of transportation, no freight by having been delivered to the carrier. For these troubles the banks the law into bills of Jading what the Carmack amendment present this bill. As· to the delivery at destination, the matter is eliminated from bills of lading. It authorizes a relief by law, undoubtedly within the jurisdiction of Congress, because there is actual which it preYented carriers fro obtaining by contract, and transportation, but it is already provided for in the paragraph quoted, requiring delivery to the lawful holder. hence nullifie the whole ome provisions of the Carmack There are already rules and regulations on the subject, and the rail amendment to the interstate-commerce law. It is as follows: road bill which lately passed the House carries an amendment clothing Prni'illed furth e1·, That whet·e the shipper selects a line beyond the the Interstate Commerce Commission with jttrisdiction over the whole line of the initia l carrier over which there is no through route or joint subject of bills of lading. Due diligence will in most cases avert mis rate established. the caniet· receiving said goods for transportation shall takes and inconvenience at the point of destination. The change in not be responsible for loss or injury to the same beyond its own line. this bill proposed would involve confusion, delay, questions of demur rage storage, and notice. The bill does not sufficiently provide for Mr. ADAMSON. The gentleman from Indiana [Mr. CULLOP] safe:..uarding these matters. Under the uniform bill of lading now in use ;;0 delivery is made without production of the bill of lading. must excuse me. I do not want to get into something that is The case of the bill of lading issued prematurely or carelessly as an not yet the law. The proviso he quotes does not confiict with accommodation or convenience pending real delivery into the custody the Carmack amendment, but only suspends its operation at of the carrier of an actual shipment of interstate tranAportation, is also within the juri.sdicti~n ~f ~on1;:Tess, but it is also. fully eovered by ex the shipper's option, when the shipper diverts his freight from isting law agamst d1scr1mmat1on. Such transactions aru plain viola regular connections and directs its routing over lines on which tions of the law, for which adequ8:te remedies are providt!d, both civil the1·e is no established through route or joint rate. and criminal. They should be punished, whether loss results or not. Mr. CULLOP. I wanted to call attention to the fact that the REAL P URPOSE OF BILL. "\'ery provision was inserted in the Senate bill which was elimi The real purpose of this bill, however, is to find an easy remedy or preventive for loss by the last-described case of discounting a draft nated out of bills of lading by the Carmack Act. attached to a spurious bill of lading issued collusively and fraudulently Mr. ADAMSON. The gentleman is mistaken about that; but by an agent of the carrier delivered to a confederate, not based upon he will ha\e to excuse me. I have only five minutes remaining, any actual shipment in custody or in prospect. It provides that when any agent of a carrier, under whatever circumstances or cause or col and the gentleman from Georgia [1\Ir. BARTLETT] wants that, lusion, without receiving any freight for the carrier to transport, shall and I should not have occupied as much time as I have but for issue a paper falsely stating that goods have been received, the carrier 7514 CONGRESSIONAL RECORD-HO.USE. JUNE 6, shall be liable on that paper to any person who may pmchase it with .our crops to Europe ; that the e x:port of cotton could not be carried on out notice of its character. Is it right for us to mak.e that provision? without this legislation. Recent disclosures ot defalcations about peo In the first place, the agent in issuing that paper is not 1n the discharge ple who have swindled foreign firms through false and fraudulent bills ot hie duty, has no authority, express or implied, to issue a. bill of o! lading have inspired the only demand the people have sent us for lading except when he has received freight. It is entirely outside o! this legislation, and yet all foreign business has been omitted from this his usual line of duty and Without any authority to write and issue bill. any paper save a memorandum of the reception of freight. Whether there is a disposition to hamper the exportation of cotton, to Under the common Jaw, as r~ogn1zed by the majority report, the narrow the market and depress the price, or whether there ls a patri reception and custody of the goods constitute the foundation of the otic disposition to take care of home banks and skin the foreigner, we contract of atrreightment. There could be no vaUd paper evidence of are unable to judge; but why the provisions of this bill should be insisted the foundation fact that neYer existed. It ls also correctly stated that on as to domestic tran...~ctions and the provisions of the old bill as the federal comts follow that rule. But there ls ar.other insurmount to all exports and dealings with foreigners omitted, is utterly incom able trouble, which the proponents of this bill have tried to talk prehensible to us, especially when it is sought to influence our action around for years, but have never surmounted it nor avoided, evaded, by representing to our constituents and having them write us on the nor explained it. It still stands. Our jurisdiction, conferred by the theory that the price of cotton, depending on facility of export, coul of that paper the word "duplicate" it is thereby estopped from "loose," and the result bas been that shippers and others have denying its liability upon the bill of lading or that it had ever sustained damage and loss. recei•ed the freight, so that if that bill becomes r.. ltlw a mau Mr. CRAIG. Will my colleague permit one more question? who bas lost his bill of lading, there being nothing in the bill Mr. RICHARDSON. Certainly, with pleasure. to require the railroad to issue a duplicate, what railroad- will Mr. CRAIG. Is it not a fact that foreign purchasers of cot permit its agent to issue a duplicate bill of lading, and take the ton now are threatening to accept anything but port bills of chance that the agent will either carelessly or intentionally lading next year because of recent occurrences and the want of omit to wr:ite across the bill of lading the word "duplicate," just such a law as this? and thereby make itself liable, regardless of whether it had Mr. RICHARDSON. Just exactly. There has been a stupen received the freight or not; or whether the freight had been dous fraud in the northern section of the State of Alabama. destroyed by the act of God or the public enemy? Several millions of dollars are involved, and for what? It is o that you not only put a )lardship upon the railroads by charged that the railroads or common carriers issued recklessly .rea on of these cases that have been cited, and we all agree bills of lading without marking them "duplicates," and were universally that hard cases make bad law, but a shipper· who connected with forgeries also. And there are other frauds con lcses his bill of lading will never be permitted by the railroads nected-with it, as common report has it. I am not advised as to i·eceh·e a duplicate, so that the people who ship fruit in my to how the fraud in this instance was perpetrated, but it wab a country, who ship their melons and peaches and vegetables from distinct shoQk throughout the country. the part of the country in which I live, in the event they should Mr. CRAIG. Will my colleague permit one more question? Jo>:e their bills of lading, in the event they should be lost in Mr. RICHARDSON. Certainly I will. transmission from their place of shipment to the-market, the Mr. CRAIG. In case such action as is threatened by the railroad could compel its agents to refuse to issue a duplicate European cotton buyers should be taken, would it not have the bill of lading, because a railroad can issue a general order to effect of absolutely annihilating all inland cotton shipping its agents never to issue a duplicate, and there is no law and no points? provi ion in this bill requiring the issuance of the duplicate for l\Ir. RICHARDSON. It would. It would absolut~ly impair a lost bill of lading, and the shipper would suffer and not the our credit and cripple us in securing the money to move our ca1Tier .. cotton crop. That is wha.t I am advised. The SPEAKER. 'l'he time of the gentleman from Georgia Mr. CRAIG. To move our cotton to the coast? has expired. l\Ir. RICHARDSON. Yes. It is not a question of national l\lr. BARTLETT of Georgia. Can I have two more minutes? or state bankers, as the gentleman from Georgia [Mr. A.DAM I will ask the gentleman from Minnesota [Mr. STEVENS] if he SON] said. Why, Mr. Speaker, we need bankers as much as we can yield me two minutes? need any of the other vocations of life in our business. The Mr. STEVENS of Minnesota. I must yield to the gentleman farmers and commercial men of all kinds and character need from Alabama [Mr. RICH.ABDSON], as he must get away. Mr. bankers. They render us all a great deal of accommodation Chairman, I now yield five minutes to the gentleman from and assistance. The consumers, the shippers, the bankers, doc Alabama [Mr. RICH.ABDSON]. tors, farmers, lawyers, and all are all interested in having an Mr. RICHARDSON. Mr. Speaker, I do not at all agree with honest, fair bill of lading, one that can not as a fraud be im the two Democratic members of the minority of the Committee posed on anyone a bona fide holder for value. Now, what are on Interstate and Foreign Commerce [Messrs. ADAMSON and the further cqnditions of the bill? I have told what is the sub BARTLETT of Georgia] about this bill, and I regret to have to stance of it, as set forth plaihly in section 4 of the bill. The disagree with them and to decline to sign the minority report only complaint of both of the gentlemen from Georgia is that signed by these two gentlemen. It strikes me, l\Ir. Speaker, a dishonest man may get in with a railroad agent, and they can after such examination as I have been able to give the bill and conspire together, and the agent issue a bill of lading for 10, the protracted hearings had, that there is not a single condition, 15, or 20 bales of cotton or any number or any other commodity obligation, or duty imposed upon the common carrier by this which the carrier has not received, and which is a plain, simple bill that does not accord with plain, simple, unpretending busi fraud and cheat. For one minute let us examine this bill as it ness methods and regulations, promotive of honesty and fair bears on that dreadful wrong that my friends expostulate on. dealings, and I ask any gentleman who carefully inquires into If such a collusion is formed by a railroad agent and an outside the provisions of the bill, and who will not dwell upon sup conspirator, and an innocent purchaser for value buys that spurious bill of lading and you should make the carrier re posed matter or conjectural results, conjured alone in the im sponsible for its agent perpetrating such an injury and damage agination of our Georgia colleagues, but to take the bill as it on a confiding, trusting farmer, merchant, or even on a banker, is and what it plainly stands for-the needful remedies it pro what wrong morally or otherwise has been done? poses-you will understand why I am here supporting it. What This bill by its provisions protects the carrier from ever is the bill? The substance of it is contained in the fourth sec being the victim of such a conspiracy if it will only comply with tion of the bill. That is the vital part of it. It is the head the simple requirements of section 4 of the bill : How first light of the bill, and all other sections are secondary. What never employ an agent that will ever issue a bill for property are the requirements of the fourth section? One is that the not in his possession or under his control and never issue a railroad or the common carrier must not issue a bill of lading second bill of lading for the same property without marking for property unless it has it under its control or in its posses plainly across the face of the bill of lading "Duplicate." Our sion. That is the requirement now practically at every port in the Georgia friends do not and can not hesitate to say that if the United States, and that is why this bill does no~ relate to for carrier complies with these provisions there will never be any eign commerce. The next provision of the bill, as set forth in trouble about spurious bills of lading. But they say if the car section4- rier disregards these business methods for the issuance of bills Mr. CRAIG. Will my colleague allow me to interrupt him? of lading-these methods that protect the people and the car Mr. RICHARDSON. With pleasure. riers-and one of its authorized agents, an agent in the em l\fr. CRAIG. You say that is the requirement at all of the ploy of the carrier for the purpose of issuing bills of lading with ports? other duties, sees proper, acting with some one on the outside or Mr. RICHARDSON. Yes; at the port of New Orleans and elsewhere, to issue a bill of lading for property never delivered other ports stringent regulations govern all foreign or ocean to him, then the carrier shall not be held liable for damages shipments. I will call further attention to that suggestion. and loss sustained by a person who, in good faith and for value The next requirement, as set forth in section 4, is that if the bought the spurious bill of lading, must suffer such injustice. The railroad or common carrier has already issued the bill of lading carriers say, and the gentlemen who sign the minority report say, on the property it must not issue a second bill of lading with if you establish that policy or liability every railroad in the coun out marking across the face of it plainly " Duplicate." If the try can easily be thrown into bankruptcy. But they forget that carrier fails to comply with these provisions of the bill then the the carrier has ample opportunity to protect itself. It has abso carrier shall be estopped as against the person holding or the lutely the shield of the law thrown around it. Follow the require owner of such bill of lading to deny the receipt of the property ments of section 4 of this bil1 and no harm, loss, or damage will or assert that a former bill of lading remains uncanceled for the be visited on anyone. How easy it will be for the carrier to fol same property, and shall be liable to the consignee or owner low the provisions of that section. It will not be a hardship nor of the bill of lading for damages caused by its failure to com a pecuniary loss or even inconvenience to say we will never ply with the provisions of this bill. Does any man object to issue a bill of lading unless the property is in possession or those plain, honest, unpretending conditions? Are we quietly under control or issue a second bill of lading for same property to permit the carrier to do this injury to the public? We are without marking on it "Duplicate." That is all. all aware that in the administration of matters pertaining to This bill tells what an "order" biil of lading is and wbat re bills of lading that the railroads of the country have been very quirements shall be complied with. Its requirements, from a busi- 7516 CONGRESSIONAL RECORD-HOUSE. JUNE 6, nes standpoint, are of childhood simplicity. It shall read : exchange brokers is not void as a regulation of commerce. (Helms v. "Consigned to the order of ---." What else? Why, the Mortgage Co., 92 Ala., 157.) J carrier before it delivers- the property described in that bill Thus a bill of lading is not then an incident, but actually must take up and cancel the bill of lading. The broad an'd represents the property shipped, and the bill of exchange issued elastic provision is made in " b ,. of section 1 that just such by a: bank, which our good friends from Georgia most earnestly conditions may be written by the carrier in the order bill as declare this bill seeks alone to protect, " in discounting a draft are not inconsistent with the provisions of the law or public attached to a spurious bill of lading issued collusively and policy. Can any reasonable person ask more than that? Why, fraudulently," and that bill of exchange is really the incident. they tell us if a shipper billed 100 barrels of flour and it turned The thoughtful conEervati-ve business interests of the country out to be 100 ban·els of sand the carrier would be responsible demand that Congress shall take judicious action on the proper for the delivery of flour. Surely an expert railroad agent could regulation of bills of lading. This regulation does not impose insert in either an order or straight bill of lading such a pro any additional burdens or finau.cial obligations on the common vision or condition as would protect the carrier against such carrier. It simply means that the people are tired of the issu fraud and duplicity. ance of spurious bills of lading, and we want it stopped. Straight bill of lading, as defined by the bill, simply means The SPl!JAKER. The time of the gentleman has expired. that the name of the consignee is specifically named in order, Mr. STEVENS of Minnesota. I yield one minute to the gen and the carrier must deliver the property to consignee named in tleman from Tennessee [Mr. SIMs]. the bill.. The carrier has the right to write in a straight bill of Mr. Sll\18. Mr. Speaker, in one minute, of course, I have lading the description of the property and its condition at the not time to discuss the provisions of the bill, but I want to say time of shipment and any other condition not inconsistent with that I heartily approve a.lid indorse what the gentleman from the law or public policy. There a.re other immaterial matters Alabama [l\fr. RrcHABDsoN] has just said. If we do not pass that are guaranties" as of course" for the safety of the carrier. some such legislation as this it will be impossible to finance the The bill does not apply to foreign or ocean traffic, and wisely cotton crop of the South in a practical way. The weight and makes no provisions for criminal penalties. In the early part burden of the additional cost will fall upon the cotton raiser of my remarks, in reply to my friend and colleague from Ala and not on the banker. The banker wi11 be able to protect him bama [Mr. CRAIG], I mentioned incidentally about the rule or self, and the railroads are able to protect themselves. They can law governing ports relative to foreign or ocean shipments. require a bond from any agent they have to co-rer any loss The New Orleans Cotton Exchange on May 25 last, just after caused by any failure to comply with the requirements of law the recent failure of two large cotton firms in the South, issued and their rules and regulations; but the man who buys cot this statement: ton and gives a draft with bill of lading attached, if the bank Frauds are practically impos ible by the port bill of lading used here. will not cash that draft he can not get the money until the ship Under the law of New Orleans no bill of lading can be issued unless the cotton covered thereby is in actual possession of tbe shipowner or ment is completed. Such a cours.e will absolutely ruin the cot authorized agent; tbat the signatures of these agents are well known, ton business of the South as now carried on, due largely to re and in case of doubt can be immediatey verified ; that by the terms of cent fraudulent transactions in bills of lading. bill of lading the cotton must be in good order and free from damage before it can be shipped, and finally that tbe New Orleans Cotton Ex Mr. BURLESON. As I understand it, you are a unit on this change, for the protection of consignees and bankers advancing money proposition 'l on the bills of lading maintains an inspection bureau for this purpose. l\Ir. SIMS. I hope so. The whole South is a unit, so far as Such port regulations were amply sufficient to make the pro I know. -visions of this bill apply only to interstate commerce, and not to The SPEAKER. The time of the gentleman bas expired. foreign or ocean commerce. No complaint is heard from anyone Mr. CALDER. Mr. Speaker, this bill is really an act to compel about shipments that pass through custom-houses or fall under people to observe the common rules of honesty with reference to regulations of our ports. The trouble and the fraud originates the issuance of bills of lading. There has grown up an arrange at initial points of transportation among the States. Our ment between the e-0tton grower of the South, the cotton buyer, friends from Georgia, Messrs. ADAMSON and BARTLETT, both de the merchants and banks of both the North and the South, a sys clare in minority report: tem which enables the buyer to pay spot cash for his cotton and in turn have his drafts on banks honored by presenting to But there ls another insurmountable trouble. which the proponents of this bill have tried to talk around for years, but have never sur his bank a draft accompanied by a bill of lading is ued to the mounted it nor avoided, evaded, nor explained it. It still stands. Our shipper by the railroad company. The acceptance of the bill of jurisdiction, conferred by tbe Constitution, is to regulate interstate lading by the banker as seeurity for the payment of a draft commerce. The subject of our jurisdiction is, in this particular, the transportation of commodities from one State to another. If such while the cotton or other commodity is at the point of shipment transportation exists. we can regulate it, and regulate all tbe evidences or in transit has become an everyday occurrence. There are and memoranda and tokens about it, but if there is actually no oft'er of periods of the year when millions of dollars are actually loaneu a commodity for transportation there is no instance or basic fact of interstate commerce. out on the genuineness of the bills of lading. The hearings on If nothing is done but the execution of a false bill of lading by one this. bill disclosed the fact that the frauds perpetrated on banks con pirator :ind delivered to another, that is not interstate commerce; and merchants of the country were very large. I have cited t hat is merely local rascality. cotton specifically, but poultry, perishable goods of all kinds, I contend if under the commerce clause of the Constitution a gi·ains, wool, even lumber, and every other commodity was bill of la.ding representing freight transported from one State affected. These frauds are committed at times by collusion into another State can be regulated by Congress, then Congress with the freight agent of the raili'Oad company issuing to the can provide penalties and award damages for any frauds perpe shipper a bill of lading before the goods are delivered to the trated by which innocent holders for value are subject to loss railroad company at the point of shipment and the shipper fail or damage. It is quite theoretical to talk about the State pun ing to deliver the goods at all after receiving a bill of lading. ishing a man who issues a spurious bill of lading, if the Federal Some ca es have been cited where the goods were delivered, the Government has the authority under the Constitution to regu bill of lading issued, and then the goods were taken away from late and provide for the issuance of bills of lading. Certainly the yard, sometimes with the knowledge of the agent and some it must be admitted that Congress can regulate bills of lading times surreptitiously. Under the terms of this measure the connected with interstate traffic. I quote briefly from one of our railroad companies are responsible for every item on their bills ablest text writers: of lading, and if the articles marked on the bills of lading are WHAT IS NOT COMMERCE. not delivered the railroad companies can be held for them anu [Judson on Interstate Commerce, p. 13, sec. 7.J if a package described· in a bill of lading does not contain the While commerce ls more tban traffic and includes commercial inter course and the transmission of intelligence, it does not include the con goods purported to be sh~pped the bank can hold the consignetl tractual relations between citizens of dUl'erent States which are inci and he in turn the shipper. The responsibility is fixed. dental or even in one sense are essential to interstate commerce inter The recent outrages perpetrated by the issuance of fraudulent cour e. The distinction may be illustrated by a bill of lading and a bill of bills of lading in the exportation of cotton to Europe amounted exchange. A bill of Iadin00 upon an interstate or foreign shipment rep to millions of dollars, and while this measure does not directly resents the property shipped, and, in the case of an interstate shipment, affect the foreign bills of lading, people in Europe who accept I beyond the taxing power of the State. (24 How., 169, or 16 L. American bills of lading will be protected by this act. They will Ed., 644 (1860) ; Woodrutr v. Parham, 8 Wall., 123 (1870), 19 L. Ed., 382.) take our order and straight bills of lading as a basis for the And In the case of a foreign shipment a tax upon a bill of lading is adYancement of money. If this legislation is not enacted, it will a tax upon exports, and therefore beyond the taxing power of either the destroy the credit of the merchants and farmers in the produc State or Federal Government. (Fairbanks 'V. United States, ·1s1 U. S., 283 (1901).) ing sections of the country with the banks and merchants of the On the other hand, a bill of exchang~ whether drawn on an inter great manufactming centers. Confidence in the integrity of a state shipment or a forei~ shipment, is an incident of such commerce transaction makes credit easy. A great volume of business in and not a part of It. It follows, t herefore, that a broker dealing in 1oreign bills o:C exchange ts not engaged in commerce, bnt in supplying this country is done on credit, and once that is destroyed all the instrumentalities of comm1;rce, and a state tax upon money and business suffers. This is a very meritorious bill and ought to 1910. CONGRESSIONAL RECORD-HOUSE. 7517 receive the vote of every Member of this House. I propose been to deliver tlle cotton to the carriers and obtain the genuine bill of lading tor it, which they seem to have retained in their own possession printing in the RECORD a letter from a gentleman who is an and made no wrong use of. officer of one of the largest banks in the city of New York, also When the cotton arrived in Europe tt seems to have been delivered some clippings from New York newspapers regarding the frauds by the steamers without any suspicion that some of the bills of lading were irregular until qulte recently. When the irregular practice was committed in fraudulent bills of lading upon which great losses discovered tluJ- steamship companies suspended deliveries of Knight, were suffered by merchants and bankers in England during Yancey & Co.'s shipments, pending the verification of their bills of the past. spring : lading. This, of course, came to the notice of the cotton importers in THE SEABOARD NATIONAL BANK, Europe, and Investigation showed that there was reason to suppose that New York, Mau f5, 1910. not only were a considerable number of bills of lading in importers' hands spurious, but that there was actually no cotton against some of DEAR CONGRESSMAN: You no doubt have recently seen accounts in them. the newspapers of banks and others having been defrauded by the use The importers brought such pressure to bear upon Knight, Yancey & of irregular bills of lading, there having been a case in Albany a short Co. to rectify these irregularities and to supply any cotton that was time ago where a firm acting in collusion with employees of a railroad short that the firm in question, for the benefit of all concerned, decided company delivered goods without the surrender of the bills of lading, to file their petition in bankruptcy. There will probably be a very con they retaining the bllls of lading and obtaining thereon loans from siderable deficiency, but lt is hoped that realizations will be greater banks. The loss in this particular case, a.s you know, has been esti· than were at first anticipated, probably considerably over $500,000; mated at somthing like $700,000, and the loss in connection with the there are genuine bllls of lading in existence in America representing cotton bills of lading is apt to run into the millions. The banks, through some of the. cotton transmitted to Liverpool, and these have been seized organization and otherwise, have endeavored for several years past to by the reeetver and in the meantime will not be available for the Liver have some ·1aw enacted whereby they would be protected from just such pool claims. irregularities, but they have been unsuccessful. I am writing this let ter to call your attention to a bill introduced by Representative STEVENS, which bas been referred to the Committee on Interstate and Foreign ALABAMA BA..."flrS SECUmm-VALUE OF COTTON STORED $200,000 IN EXCESS Commerce, and which is known as a bill relating to bills of lading. OF WHAT IS OWED TO THEM. I sincerely hope that you will look into this matter carefully with the MOBILE, ALA., April BZ. view of interesting yourself to the extent of favoring it and urging its enactment as a law. Unless this bill is enacted the banks will have to The mere statement that there were suspicions of forged foreign bills take some stand in the matte!t and possibly refuse hereafter to grant of lading existing in connection with the transactions of the firm of accommodations on bills of laamg, as the risk ls too great and irregu Knight, Yancey & Co. led to an investigation by Mobile banks several larities too frequent. This action on the part of the banks, as you days ago of the genuineness of warehouse receipts held by them against will agree, would seriously interfere with the business of the whole cotton stored to the credit of the firm here. This fact was announced country, as a large amount of money in the past has been advanced on to-night by El. J. Buck, president o"f the City Bank and Trust Company. just such documents and will continue to be advanced provided the With it came the statement that every warehouse receipt held by local necessary safeguards. are thrown around the issuing of these bills and and other American banks is genuine, and there is enough cotton stored the surrendering of the same when the goods are delivered. in the Magnolia warehouse here to cover them. It was estimated that the value of cotton held there is close to • • • • • • • $750,000, at least $200,000 in excess of what is owed to Alabama banks Yours, very sincerely, by the firm. Warehouse receipts to the a.mount of $200,000 are held by W. K. CLEVERLEY. Mobile banks, and at I.en.st $300,000 by interior banks, all of which are Hon. WILLIAM M. CALDER, more than protected. In fact, the statement was made that the cotton House of Representatives, WGBb.ington, D. O. is now held by or insured in fa var of the local and interior banks involved. According to President Buck, charges against the methods of J. H. Knight, senior member of the firm, came to the Mobiie banks several [From the New York Times, Saturday, April 23, 1910.J days ago, and action was immediately taken. All warehouse recrupts TWENTY-SIX FIRMS INVOLVED I.N COTTON FAILURE-PROBABLE LOSS OF held by Mobile banks and given by the firm as eollateral were cheeked $2,500,000 BY LIVERPOOL CONCERNS THROUGH SUSPENSION OF KNIGHT, over. Other banks in the State holding them sent receipts here for YANCEY & CO.-FRAUDS HERE SUS.PECTED-CH.ARGE IS THAT BILLS OF examination. All were found genuine. LADING ACCEPTED AND DISCOUNTED HAVlil REPRESENTED NO BEAL SHIP· The statement is made emphatically that no Mobile or Alabama banks MENTS. have suffered. One local bank shipped through a Birmingham bank LIVERPOOL, April BB. $95,000 to an interior bank yesterday in case the money should be Twenty-six Liver-pool firms are said to be more or lesS" involved in the needed. This bank was said to have possessed warehouse receipts failure of ·the Alabama. cotton firm of Knight, Yancey & Co., the total valued at more than $200,000. probable loss aggregating nearly $2,500,000, and one leading firm suffer It is charged that for nearly two years forged foreign bills of lading ing, it is believed, to the extent of $300,000. Most of the firms con of shipments through European ports were used in duping foreign con cerned have large amounts of capital and will be able to pull through, cerns, but to what extent is not known here. but a few of them. according to reports, are at least seriously embar There have been rumors in cotton circles here since the opening of rassed. the week that the firm was short 100,000 bales on European deliveries, It is announced that several firms are sending representatives to the which had been contracted for at a loss o! P.ractically $2.50 a bale. United States to investigate at once, and that English banks are fully There was a big concentration of the company s business at this point, secured. shipments coming from lower Arkansas and other places. Knight not It is also said, however, that what may be a fraud involving some ten years ago was a clerk in a store at Anniston, Ala. Cotton men thing like $3,500,000 was brought to light by the discovery of a large here say that the cotton business will be revolutionized by the failure, number of spurious bills of lading tor cotton purporting to have been which has caused a loss of confidence among the buyers. shipped from the United States. Although_ at present eonsiderable mystery surrounds the facts, it may be stated that the Liverpool cotton METHODS INVITE FRAUD--ATWU.~A EXPLAINS HOW THllOtrGH BILLS OF merchants have purchased some 25,000 bales of cotton, valued at nearly LADING ARlil USED AFTER REBALING. 2.,000,000, from the American firm while another 14,000 bales have been purchased by continental merchants, bringing the total value up A.TLA.NTA, GA., April 1?2. to over $3,500,000. The cotton was alleged to have been shipped from Agents for a dozen foreign cotton houses arrived in Atlanta to-day New Orleans, and against the bills of lading drafts drawn on Liverpool to protect their firms, if possible, against loss from the failure of and continental merchants have been honored. Many of the bills of Knight, Yancey & Co. While they are- still in doubt as to the actual lading are alleged to be spurious, and it is asserted that no cotton has loss sustained by their firms, the agents agree that under the present been shipped against them. system of doing business in cotton great losses are possible and even Two years ago the Liverpool Cotton Association complained to the easy. One of them said: Government of this country, and also to that of America, that the " Let us say that a long-established cotton firm ls doing business in nature ·of American through bills of lading incited to fraud, and asked Atlanta. The buyers for this firm go out into the country and conh·act for some remedy. The British Government refused to act in the matter, for cotton. Let us say that they buy 100 bales at Decatur, another 100 and after negotiations with European and American merchants an in at Macon. and a third 100 at Hogan. This cotton is shipped to Atlanta ternational committee was appointed. This committee met at Liver to the compress and local bills of lading are taken from each town to pool, the delegates being American cotton exporters and British, French, Atlanta. At Atlanta the 300 bales are graded, and say 10 bales are taken and Italian importers and bankers. They asked that the American from Decatur•s shipment and 10 from another and mixed. It is graded Government should enforce by law a new form on through bills of lad to suit the market to which it is to be shipped. It is reb:tled. ing, but this has not been done. "Now, the railroads have a through rate from Decatur to Liverpool, Shippers at New Orleans and other ports. have been in the habit, it let us say. So the firm takes the local bill of lading for 100 bales from seems, of filling ln bUls of lading and forwarding these with their drafts Decatur and gets In ex.change from the railroad a. through bill from on banks on this side without waiting for the masters of steamers or Decatur to Liverpool for 100 bales, when, as a matter of fact, only 10 the agents to check the consignments as they are put aboard. The of the 100 Decatur bales have been used. When this is repeated inde.li result has been that many thousands of bales have been diverted by nitely It can be seen what possibilities there are for fraud. those engaged in their handling and disposed of to outside speculators " Then, again, business here Is done largely on credit, on the honesty and resold in the United States. Within the past few weeks the short of the shippers. A shipper gets blank bills of lading from a railway age of deliveries has become pronounced, culminating in the discovery agent and coolly forges the agent's signature to theqi.. Cotton is sold of heavy loss by the arrival of several steamers which were entirely altogether on bills of lading. Hence, the bills are negotiable paper in without consignments for which bills of lading had been forwarded and any cotton market. Let the shipper be a big one. Let him tell the drafts honored. agent that he has cotton to ship and requires five cars at once. It is The cotton market to-day was nafurally stirred by the situation, but possible that the cars are not available at once. So, to satisfy the the effect upon prices was not great. The directors of the Liverpool shipper, the agent may prepare bills of lading for the cotton to be Cotton Association met during the day and discussed the al:Iair, one shipped, and it may never be shipped. But the bills may be negotiated result of the meeting being to revive the movement initiated by the at any cotton center." association in mos in the matter of reform in the use of bills or lading. The local cotton men ue inclined to rejoice at the news that the The modus operandi of the firm of Knight, Yancey & Co. ls thus de Liverpool cotton brokers are the heavy losers. They say that the Liver scribed : The firm, it is said, has- been in the habit for . some time past pool men. counting on receiving from America cotton bought at a very of filling up bills of lading for shipments or intended shipments of cot low figure, have shipped back to America large quantities of cotton at ton and, ID.stead of waiting until the cotton was actually delivered to an advanced price, to break the American market. If the Liverpool the' carrier, and then getting the bill of lading signed by the agent of men have been deceived by the forged bills of lading, the local men say the carrier, they have themselves appended or caused to be appended a that the shortage of cotton in England will cause the shutdown of the facsimile of the agent's signature. They have then, the explanation mills there. • proceeds, attached the bill of lading to their drafts upon importers on Among the representatives of foreign companies here are those of this side, and the importers have accer,ted and in many cases have paid Mlnoprio, Forgan & Co., Liverpool; Baker, Paton & Co., New Orleans ; these drafts. Knight, Yancey & Co. s practice th.en appears to have- J. J. Williams Company, of Liverpool; Wilson & Ailson, of Galveston; 7518 CONGRESSIONAL RECORD-HOUSE. Alexander Eccles & Co., of Liverpool ; Pennfeather & Co., Liverpool ; The SPEAKER. Is a second demanded? and E. C. Worl'el, Galveston. Several _representatives declared that transactions involving milllons, l\Ir. MANN. I demand a second. which precipitated the crash, may end in prosecutions in the federal Mr. DALZELL. I ask: unanimous consent that a second may courts. be considered as ordered. It Is alleged that on irregular bills of lading attached to drafts for heavy amounts New York firms lost $1,000,000, while European houses Mr. HENRY of Texas. I object. • may lose more than $4,000,000. The SPEAKER. The gentleman from Pennsylvania~ [Mr. DALZELL] and the gentleman from Texas [Mr. HENRY] wiU-take [From the New York Hera.Id, April 23, 1910.] their places as tellers. SAY COTTON SHIPPING BILLS AR.El SPURIOUS-LIVERPOOL MEN DECLARE The House divided; and there were-ayes 55, noes 0. ALLEGED SHIPMENTS OF AMERICAN STAPLE TO ENGLAND WERE NEVER So a second was ordered. MA.ON. LIVERPOOL, FRIDAY. The SPEAKER. The gentleman from Pennsylvania [Mr. There was a sensation in cotton to-day born of widely circulated DALZELL] is entitled to twenty minutes, and the gentleman from statemPnts that forged bills of lading for cotton purporting to have Illinois [Mr. MANN] is entitled to twenty minutes. been· shipped from the United States had been uncovered. The alleged fraudulent methods, it was said, involved cotton valued at $2,500,000, Mr. DALZELL. Mr. Speaker, the bill as read includes the and in addition to ao Liverpool concerns it was stated that several con provisions of two bills, both of them reported by the Committee tinental cotton houses were heavy losers. on Ways and Means, and both of them relating to the same sub The Echo says that the method of using the alleged false bills of lading was to append facsimile carriers' signatures to bills of lading ject. The one is the complement of the other. They both re sent with drafts to this side before the cotton was delivered by carriers, late to amendment of certain internal-revenue provisions of the and that importers in many cases paid sight drafts. When the practice Revised Statutes. In the manufacture of compressed yeast a was jliscovered, the steamship companies withheld deliveries until the bills of lading were verified. The Echo says that an investigation made new process of distillation has been discovered, which has been by importers shows that not only were several of these bills of lading in use for a number of years in Europe, but has not been used spurious, l..mt that there was actually no cotton against some of them. in this country, and which is now proposed to be introduced The cotton market to-day was excited to an almost unprecedented de here. Under the terms of the internal-revenue provisions re ~ree by sensational reports of the failure of the Alabama cotton firm of Knight, Yancey & Co., which heavily hit Liverpool cotton houses. A lating to the distillation of compressed yeast it would be im cable from New Orleans, which fell like an explosion of dynamite, said possible to use this new process, and the amendments proposed that Knight, Yancey & Co. were short in Liverpool 25,000 bales, in Havre 8,000 bales, and in Genoa 6,000 bales. This would muke a total are intended to make possible the use of this new process. It loss at r,urrent quotations of more than $3,000,000. is claimed that by its use both time and money will be saved. In Liverpool 26 firms are believed to have been affected by the failure Under the existing law the manufacturer of compressed yeast of the Alabama firm. A majority of them, however, have large amounts of capital and will be able to tide over the situation, but a few of them can only refill his fermenters every seventy-two hours. The new will be seriously hit. The heads of some of the houses in Liverpool process requires that they be filled every twenty-four hours. will proceed to the United States at once to investigate the situation. This bill provides that the existing law shall be so amended as No loss as a result of the failure is likely to fall upon English bankers, who are amply secured. . to permit of that being done. Under the existing law 45 gal lons of mash or beer shall not represent less than 1 bushel of Mr. HEFLIN. Mr. Speaker, I ask unanimous consent to ex- grain; but under the new process, to make it effective, the 45 tend my remarks in the RECORD. gallons ought to be changed to 70 gallons. This bill provides The SPEAKER. Is there objection? for an amendment of the internal-revenue statute so as to pro There was no objection. vide tbat that shall be done . .Mr. STEVENS of Minnesota. Mr. Speaker, I will ask unani- The bill has been approved by the Treasury Department, and mous consent to extent my remarks in the RECORD. I know of no objection tCl it anywhere. It is in the interest of The SPEAKER. Is there objection? progress in a particular manufacture which ought to receive There was no objection. encouragement, which ought at least not be retarded by law. Mr. CALDER. Mr. Speaker, I make the same request. l\fr. MANN. I demanded a second, Mr. Speaker, in order that The SPEAKER. Is there objection? [After a pause.] The I migbt know what the bill did, it being impossible to tell when Chair hears none. it was read. The explanation of the gentleman is very satisfac Mr. FOSTER of Vermont. Mr. Speaker, I ask unanimous tory to me. I do not care to consume any of the time, unless consent to extend my remarks in the RECORD. some gentleman is opposed to the bill and wishes time. The SPEAKER. Is there objection? The SPEAKER. The question is on the motion of the gentle There was no objection. man from Pennsylvania. The SPEAKER. The question is on the motion to suspend The question was taken; and in the opinion of the Chair two the rules and pass the bill. thirds having voted in favor thereof, the rules were suspended, The question was taken ; and .two-thirds having voted in favor and the bill was passed. · thereof, the rules were suspended and the bill was passed. DESERT-LAND ENTRIES IN IMPERIAL COUNTY, CAL. COMPBES.~ED YEAST. Mr. Sl\HTH of California. l\Ir. Speaker, I move to suspend Mr. DALZELL. Mr. Speaker, I move to suspend the rules the rules, discharge the Committee of the Whole House on the and pass the bill I send to t11e desk. stn.te of the Union from the further consideration of the bill S. The SPEAKER. The gentleman from Pennsylvania moves to 6636, and pass it, witli the following amendment. suspend the rules and pass the bill which the Clerk will report. The Clerk read as follows: The Clerk read the bill, as follows: A bill (S. 6636) for the relief of assignees in good faith of entries of A bill (H. R. 26585) to amend paragraph 2 of section 3264, Revised desert lands in Imperial County, Cal. Statutes of the United States, as amended by section 5 of the act of Strike out all after the enacting clause and insert as follows: l\!arch 1, 1879, and section 3285, Revised Statutes of the United "That any person, other than a corporation, who has in good faith States, as amended by section 3 of the act of May 28, 1880. heretofore acquired by assignment a desert-land entry, which entry is Be it enacted, eto., That paragraph 2 of section 3264, Revised Stat regular upon its face, in the belief that he was obtaining a valid title utes of the United States, as amended by section 5, act of March 1, thereto, which assignment was accepted when filed at the local land 1879, be amended so as to read as follows: office of the United States and recognized at the General Land Office as "In all surveys 45 gallons of mash or beer brewed or fermented a proper transfer of such entry, shall be entitled to complete the entry from grain shall represent not less than 1 bushel of grain, and 7 so Required, notwithstanding any contest that has been or may be filed gallons of mash or beer brewed or fermented from molasses shall against such entry, based upon a charge of fraud of which the assignee represent not less than 1 gallon of molasses, except in distilleries had no knowledge: Provided, however, That this act shall only apply operated on the sour-mash principle, in which distilleries 60 gallons of to any person who at the time of receiving such assignment was without beer brewed or fermented from grain shall rep1·esent not less than notice of any fraud in the entry assigned or in any annnal proof made 1 bushel of grain, and except that in distilleries where the filtration· concerning the same: P1-ovided further, That patent shall not issue to aeration process is used, with the approval of the Commissioner of any such assignee unless he shall affirmatively establish, by his evi Internal Revenue; that is, where the mash after it leaves the mash dence, under oath, good faith and lack of notice of fraud, and by the tub is passed through a filtering machine before it ls run into the fer testimony, under oath, of himself and at least two witnesses that ex menting tub, and ·only the fjltered liquor passes into the fermenting penditure in the total amount and cultivation and reclamation to the tub, 70 gallons of beer brewed or fermented from grain shall represent full extent required by law have been actually made and accomplished: not less than 1 bushel of grain. The provisions hereof relatin~ to And prnvicled further, That nothing herein contained shall be construed filt..ation-aeration process shall apply only to sweet-mash distilleries." to waive or avoid liability for any fraud or violation of the law on the SEC. 2. That section 3285, Revised Statutes of the United States, part of the person committing the same. · as amended by section 3, act of May 28, 1880, be amended so as to "SEC. 2. That where a person having made entry under the desert read as follows : land law was thereafter permitted by the land department to bold " Every fermenting tub shall be emptied at or before the end of another entry or entries by assignment, or where -a person having pre the fermenting period; no fermenting tub in a sweet-mash distillery viously perfected title under assignment of a desert-land entry, or shall be filled oftener than once in seventy-two hours, nor in a sour baying held land under assignment to the amount of 320 acres or more mash distilery oftener than once in ninety-six hours, nor in a rum at different times, was thereafter permitted by the land department to distillery oftener than once in one hundred and forty-four hours, nor make an entry in his own right, or to hold other lands under assign in a distillery where the filtration-aeration process is employed-that ment, such persons, or their lawftll assignees, shall be, upon showing is, where the mash after it leaves the mash tub is passed through a full compliance with all requirements of existing law as to expenditure, filtering machine, before it is run into the fermenting tub, and only reclamation, and cultivation, permitted to comJ?lete title to the land the filtered liquor passes into the fermenting tub, and the approval of now held by them, notwithstanding any contest that may have been or the Commissioner of Internal Revenue being secured, oftener than once may hereafter be filed against the entry based upon the charge that: in twenty-four hours. The provisions hereof relating to filtration the present claimant has exhausted bis right under the desert-land law aeration process shall apply only to sweet-mash distill.eries." by reason of having previously made an entry or held land under an 1910. CONGRESSIONAL RECORD-HOUSE. 7519 assignment as above detailed: Provided, however, Tha.t this section Mr. SMITH of California. There was no fraud on the part ... shall not be applicable to entries made or taken by .3.SSlgnment su~:Ii of the man who in good faith bought the assignment. The. Gov . ) quently to November 30, 1908: Provided further, That no ~rson s . be i!ntitled to tM benefits of eithel' the first or second secti-0n of this ernment has not been injured. The land has been reclaimed, act who has heretofore acquired title to 320 acres of land. under the and a qualified desert entryman will secure the title. desert-land laws ; nor shall this act be construed to modify in any manner the provisfons of the act of August 30, 1890 (26 Stats., 391), Mr. MARTIN of South Dakota. Does not the gentlem~n and the seventeenth section -0f the act of March 3, 1&91 (26 Stats., think that if there have been specific cases where the fraud m 1095), restricting the qu~tity of lands that may be acquired under the initiation of the entry was of a kind that ought not to in the agricultural-land laws. validate the entry in the hands of the so-called innocent as The SPEAKER. Is a second demanded? signee that relief ought to be in specific cases, instead o~ Dlll.k Mr.. MANN. I demand a second. ing a general statute that would validate frauduJent entries? Mr. SMITH of California. I ask unanimous consent that a Mr. SMITH of California. This only applies to cases where second may be considered as ordered. the assignee has gone on without knowledge of the nature of The SPEAKER. The gentleman from California asks unani the original entry. mous consent that a second may be considered as ordered. Is Mr. MARTIN of South Dakota. Ought not the party who there objection? [After a pause.] The Chair hears none. The takes an assignment of an entry to seek and obtain knowledge gentleman from California [1\Ir. SMITH] ls entitled to ~enty on the qu~tion whether the original entry was fraudulent? minutes, and the gentleman from Illinois [Mr. .MANN] is en Mr. SMITH of California. The only fraud was that the titled to twenty minutes. original entryman did not intend to reclaim the land. Mr. SMITH of California. Mr. Speaker, the purpose of this .Mr. MARTIN of South Dakota. These cases seem t() be bill ls to correct an error that crept into about a dozen or 20 specific in the gentleman's mind, but the language of the bill desert-land entries in Imperial Valley, California. The Depart does not suggest anything of that kind to the casual reader. ment of the Interior three or four years ago inadvertently is Mr. SMITH of California. We have undertaken to state the sued an erroneous instruction or affidavit about the acquisition case in general terms, as is done generally in statutes. of these desert entries by way of assignment. Subsequently .Mr. MARTIN of South Dakota. It appears to me it would be the instruction was recalled, but in the meantime there have much better to legislate to relieve the specific cases, rather than been a few entries or exchanges of assignment made, and now pass a general act validating fraudulent entries in the hands of the department holds that inasmuch as the instruction was with assignees. out warrant of law they do not feel that they have any business to pass the cases to patent. Mr. SMITH of California. This does not 'Validate fraudu Contests have been begun against these farmers, and unless lent entries, but it says that tbe man who took the assignment in good faith and went ahead and reclaimed the land shall there ls legislation of this character to relieve them of the situ ation they are in danger of losing the farms which they have not be defeated because of the lmowledge in the original en improved and the farms, with the improvements, will pass to tryman's mind that he did not intend to reclaim the land. the cont~stants, who have expended nothing at all. I think Mr. MONDELL. In answer to the suggestion of the gentle there should be no objection to that feature of the bill. man from South Dakota, if these were homestead entries There is one other provision in the first section, referring that is, if a homestead en.try was not made in good faith with to cases where what we call a " dummy " made the entry and expectation of making a home-and immediately after making the claim was thereafter assigned a.cc.ording to law, without entry the homesteader relinquished his right and another party any lmowledge on the part of the assignee that the· first entry had gone ahead and complied with the homestead law there man was a dummy. This is to cure that, so that they may also would be no question about it. l\fr. MARTIN of South Dakota. If there had been a fraudu pass to patent. In both cases the bill is aimed to give the title lent entry? to the land ·to the farmer who has expended large sums of money in reclaiming it by irrigating and cultivating it. .Mr. MONDELL. The fact that the original entryman was Mr. MARTIN of South Dakota. This seems to give relief to not acting in good faith would not affect the entry -0f the man fraudulent entries. Upon what basis does the gentleman who took the tract and complied with the law. recommend tha.t an entry which is fraudulent in its incepUon Mr. MARTIN of South Dakota. The new entry would stand shall be made valid? on its own merits. Mr. SMITH of California. It does not relieve a fraudulent Mr. MONDELL. The only reason we have what is known as entry. It only relieves the person who took an assignment the right of assignment under the desert-entry law is that without knowledge of the fraud in the entry, where the fraud where any sort of improvement toward reclamation has been in the entry consisted only in ' the original entryma:n being a made on a piece of land once entered under the desert law and dummy, who, after he had made his entry formally at the land the entry lapses the tract can not thereafter be entered under office immediately assigned it, without going on the land or the desert law. It can not be relinquished and reentered, and doing anything, and some one subsequently came along and it therefore has to be assigned if the original entryman does bought the assignment not complete the entry. The assignee in good faith takes the assignment. He reclaims the land; he pays the Government llr. MARTIN of South Dakota. This language is general. its price, and does everything the law requires and takes It does not state a specific case, but it says that an entry which nothing he is not entitled to. He gets no more land than the was fraudulent in its inception and has been assigned to per law provides he shall have, and all there is in this act is a sons without lmowledge -0f the fraud becomes validated. Mr. SMITH of California. That is right. provision to the effect that the question as to the good faith Mr. MARTIN of South Dakota. Is that a good piece of of the man from whom he took the assignment shall not be legislation? raised to defeat his title. Mr. SMITH of California. The entryman did not acquire Mr. HAYES. Is it not true that these assignments had to any title to the land. He merely acquired an opportunity to be referred to the United States Land Office? earn a title to the land. Mr. MONDELL. Yes; and the Land Office aceepted them as MT. MARTIN of South D,akota. He transferred his entry. regular. Mr. SMITH of Califurnia. He transferred his entry to .the Mr. HA.YES. There is no charge of bad faith on the part of other man who went to the land office and presented his assign the man who has gon€ on under the assignment and improved ment, and made the necessary entry before the register and his proper-ty. receiver. Mr. SMITH of California. And it was not until two or three Mr. MARTIN of South Dakota. In the particular cases that years afterwards that it was discovered that the original en· the gentleman desires to relieve, what was the nature of the tryman was dishonest. fraud in the entry? Mr. MARTIN o:f South Dakota. If the gentleman will allow Mr. SMITH of California. Only that the party had never me, this statute is general in its character. It is not made to seen the land and did ·not intend to improve it. He was a quali apply to specific cases. fied entryman, but in one ~se that I ~ow of, :it .the ve_ry ~e l\Ir. HA.YES. It does apply to specific cases. h~ made the entry he took $6 for his interest m it, assigned it Mr. MARTIN of South Dakota. I doubt that very much. I in blank and subsequently a farmer came along and bought think the assignee ought to take as good a title as the assignor that assi'gnment, and his name was filled in, and he proceeded has, but no better. to improve the land. Mr. COOPER of Pennsylvania. Who would benefit if this Mr. PAYNE. The gentleman from California says that was bill did not pass? all the fraud there was. Does not he think that was enough? Mr. SMITH of California. The man who can .· .l\Ir. COOPER of Pennsylvania. A man who· has made no lm- m'ents are all carefully scrutinized. Assignments such as these provements and would take adyantage of a mere technicality. that are >alidated ~ere can not now be made. Mr. PAYNE. Let me ask the gentleman from California l\lr. HARDY. Does it not seem that in these cases the fraud- why could not this assignee go around and purchase such ulent entry was made and· the proof of the fraudulent character claims? . of the entry developed upon the assignment? .l\.fr. SMITH of California. The law only allows him to ha•e Mr. SMITH of California. Oh, no; not at all; but three or one claim. four years after. l\lr. PA..YNE. It does not so state in the bill. Mr. JAMES. What difference would there be between the l\fr. Sl\IITH of California. It provides that he can only have character of legislation you offer here to the House and legis- 320 acres. lation where certain enh·ies were made in a fraudulent manner .Mr. PAYNE. I do not see why an assignee could not proYe by persons on valuable coal lands which they thereafter con- up all the fraudulent entries he could purchase. tracted to turn over to some corporation or some individual, .Mr. SMITH of California. No one can acquire more than where that individual or corporation knew nothing about the 320 acres under the bill. fraudulent entry originally? l\fr. MONDELL. If the gentleman will read the last part of Would there not be just as much basis in justice to give that section 2 he will see that the limitation of the general statute land to this original purchaser, who knew nothing of the fraud applies; 320 acres is the limit of agricultural land that can be which had originally been perpeh·ated upon the Government? acquired. Would not that be a case that would appeal with the same fair- 1\lr. HARDY. Mr. Speaker, I would like to ask the gentle- ness to the Congress as this? man a question. l\:lr. SMITH of California. That would be parallel if the Mr. Sl\IITH of California. I will yield to the gentleman from assignee of the coal claim had taken his papers to the Land Texas. Office and presented them and said, "I desire to take over this Mr. HARDY. .As I heard the bill read it seemed to me to be claim," and he was permitted to do so, and thereafter went on n bill to validate fraudulent entries. the land and expended all the money he had, or any very large Mr. SMITH of California. FrauJulent in this respect and in sum, and then have somebody else come along and say, "I want this respect only: The entryman who made it did not intend to take that coal claim and all the impro>ements for nothing." to personally reclaim and improve the land. He was a qualified In that event I think equity should step in and decree it to the entrymnn, bad the legal qualifications, took the land, bat in his man who had done a useful thing. own mind din not intend to take it and improve it, but imme- Mr. JA~UiJS. Would this law which you offer here afrect a diate1y sold with an assignment in blank, in one case for only $6. case of that character? Mr. HARDY. I want to say to the gentleman that while there Mr. SMITH of California. No; this is applicable to desert are a limited number of cases perhaps, this law would validate entries only. - any number of cases. Mr. JAMES. I understand. But it is the same principle, is Mr. Sl\IITH of California. It only provides that where the it not? assignee took the assignment in good faith and without knowl- Mr. SMITH of California. I suppose it is much the same edge of the fraud, and then went ahead and irrigated and im- principle, but we protect the m:rn who does a useful thing by proved the land, he should have the title. way of improvement. It saves these people their homes. Mr. HARDY. In other words, that the fraudulent inception l\Ir. JAI\fES. It practically validat~s dummy entries? of the claim would not invalidate a subsequent good faith im- ~Ir. Sl\IITH of-California. ·No; it has not anything to do with provement upon it. . them, but it eays a man who takes one without knowledge shall not lose his farm. Mr. Sl\IITH of California. Yes. The original entry is not an Mr. JAMES. Would not the passage of legislation of this acquisition of title to the land, but an opportunity to earn a character have a tendency to make the busine s of the men title in the course of three or four or five years by its irrigation. who go forward as dummies for the purpose of not taking the The entryman _who as igned really does not pass any title to the land themselves, but after they get it sell it to some purchaser claim, but he passes o>er his opportunity to irrigate it and make who never knew anything about it, more profitable? it fruitful. . Mr. SMITH of California. This bill does not benefit the Mr. HARDY. Is this law a general law? dummy at all It benefits the farmer who has spent his money Mr. SMITH of California. This applies generally. in good faith. If the dummy had not taken this land the farmer Mr. HARDY. Might it affect any frauds even in the Alaskan could have stepped in and made the original enh·y. location? · Mr. JAMES. It validates the lawless act of the dummy in Mr. Sl\IITH of California. Oh, I do not think there are any taking the public land. desert entries up there. Mr. Sl\fITH of California. I do not think so. If he had not Mr. HARDY. But it would affect any fraudulent entries in taken it, it would have been open to the entry of this settler, desert-land cases? who would go thereupon and improve the land. The farmer Mr. SMITH of California. Under the circumstances enumer- came along and found the land covered with an entry, and he ated here, ·yes; that is, where the entryman or the assignee looked about and found where he could buy an assignment, takes it without knowledge of the fraud. which is a legitimate h·ansaction. Ur. HARDY. Would it affeet such cases as might occur in Mr. JAMES. As I understand, this bill appUes only to cer- the future, as Jong as it remains unamended on the statute tain lands in California? books? Mr. SMITH of California. 'The bill is general in its terms, Mr. SMITH of California. No; it is only in the past-" who but, so far as we know, there are no cases except in the Im- has in good faith heretofore,'' and so forth, it reads. perial Valley. Mr. MONDELL. While these original entries are referred Mr. JAMES. Would it not be better, if the gentleman thinks to as being fraudulent, there is no fraud, except that the ques- these cases appeal with great strength and equity to the. minds tion is raised whether that entryman had in his mind, when he of the Members of Congress here, to have a special bill relat made his first application and paid 25 cents an acre, the idea ing to this, instead of going out in such a wide scope here of himself establishing a home and irrigating the land; and it that it might validate hundreds and thousands of vicious appears that in these cases he probably did not have the idea in entries? his mind, for he transferred to somebody else the right to re- Mr. SMITH of California. I introduced a bill ::ipplicable claim the land, and the man who took the right reclaimed it, to that county only, and it was the judgment of the committee and put it under cultivation generally at a heavy cost, paid the 1 that it was fair that any man who under those circum tances Government the price of $1.25 an acre, and finally was in a posi- took an assignment and spent his money ought to be protected. tion to secure his patent. 1\Ir. COOPER of Wisconsin. Has the gentleman seen the The only question now is whether the man who made the circular that has been sent here from Imperial County? original entry was acting in good faith-whether that fact will l\lr. SMITH of California. Yes, sir. defeat the farmer who has put in ten, twenty, thirty, forty, or Mr. COOPER of . Wi con in. 'What does the gentleman say fifty dollars per acre into his land and give some man the right as to the allegations contained in that circular? to ta.ke it who has never put a dollar in it. l\lr. Sl\1ITH of California. I do not know what allegations l\fr. .HAilDY. Would it n,ot be better to respect the equities you refer to. Some are eager to defeat this Jegi Nlation. They of the case- may win their contest, rind without nny ontlny win valuable Mr. MONDELL. There are a number of these cases, and the farms on which thousands of dollars have been ~pent. Tbe~·e Im:erior Department believes some such provision ought to pass. are people who "will be wi11ing to do that, l>ut this House uoes Under the present regulations of the department those assign- not want to make that possibfe. 1910. CONGRESSIONAL. - ~ECORD-HOUSE. 752t .1 Mr. MARTIN. of Soutli Dakota. These contests would give Mr. SMITH of California. Mr. Speaker, I ask unanimous con certain preferential rights, would they not? sent-- l\Ir. S:~HTH of California. Yes. Mr. MANN. I hope this will not be taken out of my time. Mr: .MARTIN of South Dakota. What does the gentleman Mr. SMITH of Califorrua. It will not. I a·sk unanimous con think of the power of the Congr~ss to take a way such prefer- sent to amen~ the bill by adding as section 3~ to read as follows:, ential rights? · The provisions of this act shall apply to Imperial County, Cal., only. l\lr. SMITH of California. That is not considered a property The SPEAKER. The gentleman asks unanimous consent to right. I reserve the balance of my time. amend his motion as follows. The Clerk will read. Mr. HARDY. I would like to ask the gentleman does not The Clerk read as follows: this ask Congress to come to the relief or assistance of one of Add a new section to read : two litigants? · . · " SEC. 3. The provisions of this bill shall apply to Imperial County, Mr. SMITH of -California. To the farmer that has made the Cal., only." improvement. Mr. HARDY. I object. Mr. HARDY. The general permission covers any kind of Mr. MANN. Mr. Speaker, personally I do not desire to con fraud that might have been committed? sume any more time. If any gentleman is opposed to the bill, I l\lr. SMITH of California. There is not supposed to be any will yield to him. fraud connected with the farmer's transaction. The bill pro Mr. MARTIN of South Dakota. I would like a couple of min vides that he must be without fraud or taint of fraud. utes. The SPEAKER. The gentleman's time has expired. · Mr. MANN. I yield three minutes to the gentleman from Ur. 1\IANN. l\Ir. Speaker, I will be glad in a few moments South Dakota. How much time have I remaining? to yield to the gentleman from (Jalifornia [Mr. SMITH] some T:P.e SPEAKER. The gentleman has fifteen minutes remain additional time, as so much of his time has been taken up by ing. other Members. l\Ir. l\IA.RTIN of South Dakota. Mr. Speaker, I think this Ur. Speaker, this is a Senate bill, the title of which is "F?r legislation in the general form in which it is presented is cer the relief of assignees in good faith of entries of desert lands m tainly very objectionable. This is not a time in which it is Imperial County, Cal." One would naturally suppose that especially popular to. validate fraudulent land entries; and if somewhere in the bill there would be reference to desert-land the gentleman from California [l\Ir. SMITH] has any particular entries in Imperial County, Cal. cases in his own district with the merits of which he is familiar, l\Ir. SMITH of California. Will the gentleman yield? that can be reached by special legislation without injustice to l\fr. 11IA1\TN. I ·did not interrupt the gentleman. anybody else, they ought to be presented in that form and - Mr. SMITH of California. I want to explain how that came passed upon by a competent committee and brought before the about. . House. Furthermore, I think it is very questionable pro-_ Mr. MANN. The gentleman can not explain how it came priety, if not of questionable validity, in the course of a con about, because it is a Senate bill. The gentleman had noth~g test that has been brought under the public-land laws, where the to do with it until it came into the House. Now, the Comrmt law at the time of the bringing of the contest gives certain tee on Public Lands of the House struck out all of the Senate rights of a preferential character to the man who brings the bill after the enacting clause and inserted a substitute; but contest--.:..! say it is of doubtful propriety, if not of doubtful neither in the Senate bill nor in the substitute will anyone find legality, for Congress to pass an act, while the contest is pend Imperial County, Cal. It is so imperial it is not necessary to ing, deciding the case in favor of one party and against the mention it. It is in the title; it begins and ends in the title. other. These are two practical difficulties in the way of this When it comes to the consideration of a bill of this harmless legislation. As to this general statute, in· the form in which it character of title, about desert-land entries in Imperial County, is drawn it seems to me it is extremely objectionable and ought Cal. we find a bill sweeping in nature and covering everything not to pass. in the United States where there have been desert-land entries. Mr. FERRIS. l\Ir. Speaker, I was a member of the subcom Now it is true we are not under the provision of a state con-. mittee that considered this bill. I think it should have affixed to stitution, requiring the purpose of a bill to be indicated in the it the amendment suggested by the gentleman from California title, yet even we . should pay some attention to the title of a [Mr. SMITH]. This bill . accomplishes a good purpose. There bill, when a bill in reference to Imperial County, Cal., is so are some people in southern California who will suffer if it does imperial that it sweeps all over the United States. · not pass. Section 1 deals with a condition something like this: If the gentleman has got a case for Imperial County, Cal., Numerous entrymen were permitted to go out there and make Jet him bring in a bill covering that case. I do not know. . In desert-land entries. At that time the law permitted them to common with other Members of the House, I have received a transfer their enh·ies, just as you would pass a dollar bill from printed brief, by R. C. · Noleman, of Los Angele~, Cal., in oppo hand to hand. They transferred their entries right and left, sition. to this bill. So far as the merits of the bill, however, are and some of thezµ perhaps were not regularly transferred, and concerned, as they would apply to Imperial County, Cal., and there was nothing on the face of the relinquishments that showed its citizens, I would prefer to take the statement of the gentle an innocent purchaser. man fl.'om California, who represents the district, rather than For instance, ten Members of this House might go out there the statement of the counsel for a contestant, or anybody else; and pay a valuable consideration for ten entries. Those ten but while we do repose such confidence in the gentleman from men might go on and spend $5,000 to $15,000 each in improving California, as to legislation for the people of Imperial County, the entries. Even though there might be some irregularity not Cal., when we find that it applies to lands throughout the shown on its face and not known to the parties, I do not believe United States we ought to pay some attention to the merits of it would be right to let a contestant, who had not a dollar in this proposition. vested, come along and take· the land a way from the man who 1\Ir. SMITH of California. If the gentleman and the House had paid every dollar it was worth in the first place and spent will permit, I will correct the error in the title. When we five or six or seven years of hard labor and expended large sums struck it out in the committee a mistake was made in reporting of money in making the land valuable. the bill to the House. I am quite willing to correct it. Mr. JAMES. But the trouble about it is this, isn't it, that the Mr. MANN. The mistake was .made by the Senator who in same principle here involved in this bill, if enacted into law, troduced it, and the Senate which passed it, as well as the gen will validate every fraudulent entry on every foot of American tleman. What is the gentleman's amei.1dment? soil, and give it to those who happen to hold it, notwithstanding Mr. SMITH of California. My amendment would be to in there was perjury and fraud and wrongdoing by the original sert, after the word " persons," in line 11, page 2, " for Imperial parties who entered the lands? County, Cal." l\Ir. FERRIS. In response to the gentleman from Kentucky .Mr. PARSONS.' That would necessarily make it apply to I desire to say that I hope my remarks will most address them that section. I suggest to the gentleman that he add as sec selves to the gentleman from Texas [l\fr. HARDY] and the gen tion 3, confining it to the Imperial Valley. tleman from Kentucky, inasmuch as I am heartily in favQr of Mr. SMITH of California. Add " The provisions of this act the proviso offered by the gentleman from California [l\fr. shall apply to Imperial County, Cal." I will offer that, with the SMITH]. This only affects about 20 entrymen. We spent an permission of the House, by way of a new section. entire day in hearing the contestants ancl the enh·ymen. Mr. MANN. The gentleman would have to ask unanimous Mr. BURLESON. Why did not you fix your bill up right? consent ·to do that. Mr. FERRIS. I will pass hurriedJy over section 1. Section Mr. SMITH of California. I will. 2 proceeds on the theory that the local land office erred in per 1\Ir. MANN. Ask it now, and let us see. mitting the entries that were made- XLV--471 7522 CONGRESSIONAL RECORD-HOUSE JUNE 6, Mr. COOPER of Wisccmsin. Why can not th-e committee All ha:ve received their patents with the exception of 40 or 50. report another bill embodying the proviso that you think essen- There can be no question of fraud raised regarding any entries, tial? because the bill especially provides that the Secretary of the Mr. FERRIS. I think there is no doubt but what they can Interior shall investigate any charges of fraud and, under the do it, and I think th-ere is no d-0ubt tllat they ought to do it, if law, he has authority to reject any entry if it is fraudulent. the gentlemen who have objections to it will not withdraw their Mr. MANN. The gentleman's explanation is satisfactory to objections. I tell you frankly, after spending all the afternoon me if it is to everybody else. ontil after 6 o'clock in hearing both the contestants and the The SPEAKER. The question is on the motion to suspend entrymen, and hearing them patiently and carefully, it was the the rules and pass the bill. unanimous decision of the entire subcommittee that these 20 The question was taken; and two-thirds having voted in favor entrymen ought to have some relief. They have not only paid thereof, the bill was passed. for their land to start with. but some of them have spent as THE DEATH oF KING EDWARD vu. much as $15,000 in diggi?g ditches and making improvements. The SPEAKER laid before the House the following communi- Mr. JAMES. If that 18 true, what actuated somebody to pre- h cation. sent a bill here covering the whole United States on account of • h ha t h f •ty h.ch h ed t ALEXANDER McDOWELL, Esq. 20 men wuo ppen o ave case.s o eqw W 1 appen <> OlerlG of the House of Representatives, appeal to them? Washinuton, D. a. l\fr. PARSONS. I think my colleague's recollection is not Sm: Having reference to the resolution adopted by the House ot correct on that. The matter that was referred to the subcom- Representattve on May 7 rust on the occasion of the death of His Late · trod ed · th H b th Majesty King Edward VU. the department desires to Inform you that mittee was a bill tha t was lil UC lil e ouse Y e gen- the text of the resolution has been communlcated to the British foreign tleman from California [Mr. SMITH] which was limited to offiee through the Amerlean ambassador at London, and that the foreign Imperial County, Cal. office has been commanded by His Majesty to express to the Rouse ot The bill as it was first voted on in committee was that bill, Representatives of the United States his sincere appreciation and warm- est thanks for its kind message of sympathy. but having got that bill into sha{)P', they thought it ·was meri- I am, sir, torious, and the committee thought they had better apply it Your obedient s~rvant, HUNTINGTON WILSON, everywhere, and finally they substituted the bill for the Senate Acting 8ecretar11 of State.. bill. ENROLLED BILLS SIGNED. Mr. FERRIS. I think the g-entleman's interpretation is cor Mr. WILSON of Illin<>is, from the Committee on Enrolled rect.. I do not know but that the gentleman from Wiseonsin Bills, reported that they had examined and found truly en is correct-that it might be dangerous to make it apply to rolled bills of th-e following titles, when the Speaker signed the e-verybody. I hope the gentlemen cm this side in deference to same: these 20 men will withdraw their objection. H. R. 20370. An act a uthortzing the widening of First street Mr. SMITH of California. :.Mr~ Speaker, I desire to renew NE., in the District of Columbia; the request fer unanimous consent to amend the bill. I think H. R. 15226. An act for the relief of the heirs of the estate the gentleman will not renew his objection. of J. Calvin Kinney, deceased; The SPEAKER. The gentleman from California asks unani H. R. 18556. An act for the relief of Charles Kehoe; mous consen.t to modify his motion by offering an amendment. H. R.11806. An act for the relief of the estate of Fredrick P. Mr~ HARDY. Mr. Speaker, I shalI have to object; I do not Gray; and like the phraseology of this bill. H. R.19887. An act for the re-lief of James K. P. Wayman. Til.e SPEAKER. The question is on the motion of the gentle man from California to suspend the rules and pass the bill. EN.BOLLED BILLS PRESENTED TO THE PRESIDENT FOR HIS APPROVAL. The question was taken; and on a division there were 41 Mr. WILSON of Illinois, from the Committee on Enrolled ayes and 53 noes. Bills, reported that this day they had presented. to the Presi - So, two-thirds not having voted in favor thereof, the motion dent of the United States, for his approval, the following bills WM lost. and joint resolution: SILETZ INDIAN RESERVATION, IN OREGON. H. R. 24463. An act to require that all inmates of the work house and reformatory for the District of Columbia shall be Mr. HAWLEY. Mr. Speaker, I move to suspend the rules returned to and released in said District ; and pass the bill (H. R. 18376) relating to homestead entries H. R. 20370. An act authorizing the widening of First street in the former Siletz Indian Reservation, in the State of Oregon, NE., in the ·Distrid of Columbia; with the committee amendment and an amendment of the title. H R.18285. An act to autboriZe the construction of a bridge The SPEAKER. The Clerk will read the bilL across the Mississippi River between Moline1 Ill.,, and Betten The Clerk read the bill as amend~ as follows : dorf, Iowa; A bill (H. R. 1 376) directing that pat!'lnts Issue to eertaia settlers for lands within the former Siletz Indian Reservation, in Oregon. H. R. 13468 An act to amend an act entitled "An act to estab Be it enacted, etc.,. That all pen?ing homestead e~tries hereto!ore lish a code o:( law for the District of Columbia; " made within the former Siletz Indian Reservation, m Oregon, upon H. R. 20490. An act granting pensions and Increase of pen which proofs were made prior to December 31, 1906, shall be passed to sions to certain soldiers and sailors of the Regular Army and patent In all cases where it shall appear to the satisfaction of the Secretary of the Interior that the entry was ma-Oe for the exclusive use Navy and certain soldiers and sailors of wars other than the and benefit of the entryman, and that the entryman built a house on civil war, and to widows and dependent relatives of such Eol the land entered and otherwise impro-ved the same, and actually entered diers and sailors; into the oeeupation thereof, and cultivated a portion of said land for the period required by law,, and that no part of the land ente.red has. H. R. 21754. An act granting pensions and increase of pen been sold or conveyed, or contracted to be sold or conveyed, by the sions to certain soldiers and sailors of the Regular Army and entryman and where no contest or other adverse proceeding was com menced a'<7ainst the entry, and notice thereof served upon the entry Navy and certain soldiers and sailors of wars other than the man. prior to the date of submission of proof .thereon, or within two civil war, and to widows and dependent relatives of such sol years thereafter : Provided, That nothing herein contained shall pre diers and sailo..rs.; vent or forst:lll any adverse proceedings against any entry upon any H. R.19403. An act granting pensions and increase of pen charge of fraud : .And pro'flided further,. That any entryman who may make application· for patent under the provisions of this act shal~ as sions. to certain soldiers and sailors of the Regular Army and an additional condition precedent to the issuanee of such patent, be Navy and certain soldiers and sailors of wars other than the required to pa~ to the United States the sum of $2.50 per acre for the land so applied for ; and the Secretary of the Interior ls hereby au civil war~ and to widows and dependent relatives of such sol thorized to Issue such regulations ~s may be necessary !or cacrying diers and sailors ; and thls act into effeet. H. J. Res. 221. Joint resolution making an appropriation to The SPEAKER. Is a second demanded? supply a deficiency in the appropriation for contingent expenses Mr. MANN. I demand a second. of the House _of Representatives. Mr. HAWLEY. Mr. Speaker, I ask unanimous consent that ACCEPTANCE OF THE STATUE OF FRANCIS H. PIERPfrNT. a second be considered as ordered. l\fr. STURGISS. Mr. Speaker, I desu·e to make a report (No. The SPEAKER. Is there objection? 1444) from the Joint Committee on Printing on Senate con There was no objection. current resolution No. 33, relating to the printing of. the pro The SPEAKER. The gentleman from Oregon [Mr. HAWLEY] ceedings of the unveiling in Statuary Han upon the acceptance is entitled to twenty minutes and the gentleman from Illinois (}f the statue of Francis H. Pierpont, presented i}y the State of [l\fr. l\:fANN] to twenty minutes. West Virginia. Mr. IlAWLEY. l\Ir. Speaker. the former Siletz Indian Reser The SPEAKER. The Clerk wm report the re~olution. vation. in Oregon, was opened in 1894 and 1895. The surveys The Clerk read as follows : were completed about the year 1900. It was then opened to settlement. Some of the settlers had gone in there prior to the Senate concurrent resolutfon 33. Resolved, etc., That there be printed and boun.d tbe proceedings in time and taken squatters' rights and perfected them. There Congress, together with the proceedings at the unveiling in Statuary were several hundred settlers who made entries upon the land. Hall upon the acceptance of the statue of Francis H. Pierpont:,. presented 1910. CONGRESSIONAL RECORD-HOUSE. 7523 by the State of West Virginia, 16,500 copies, of which 5,000 shall be for The question was taken; and two-thirds having voted iii favor the use of the Senate and 10,000 for the use of the House of Representa tives and the remaining 1,500 copies shall be for the use and distribu thereof, the rules were suspended and the bill was passed. tion of the Senators and Representative.s in Congress from the State of West Virginia. ESTABLISHING UNITED STATES COURTS AT JONESBORO, ARK. The Joint Committee on Printing is hereby authorized to have the copy prepared for the Public Printer, who shall procure suitable copper Mr. MACON. Mr. Speaker, I move to suspend the rules and proce s plates to be bound with these proceedings. pass the bill ( S. 6719) to reorganize the eastern district of The resolution was agreed to. Arkansas, and for other purposes, as amended. T~ Clerk read the bill, as follows : PROBATION AND PAROLE SYSTEM FOR THE DISTRICT OF COLUMBIA. Be it enacted, etc., That there shall be held at the city of Jonesboro, Mr. STERLING. Mr. Speaker, I move to suspend the rules in the eastern district of Arkansas, a term of both the circuit and dis and pass the bill (S. 1942) for the establishment of a probation trict courts of said district on the second Monday in May and the sec and parole system for the District of Columbia. ond Monday in November of each year. The Clerk proceeded to read the bill. The SPEAKER. Is u second demanded? [After a pause.] The SPEAKER (interrupting the reading). This bill was If not, the question will be taken on the motion to suspend the read to-day under the order of unanimous consent. If there be rules and pass the bill as amended. no objection, the further reading of the bill will be dispensed The question was taken; and two-thirds having voted in favor with. thereof, the rules were suspended and the bill was passed. There was no objection. The title was amended so as to read: The SPEAKER. Is a second demanded? An act to provide for the sittings of the United States circuit and Mr. TAWNEY. Mr. Speaker, I demand a second. district courts of the eastern division of the eastern district of Arkan Mr. STERLING. Mr. Speaker, I ask unanimous consent that sas, at the city of Jonesboro, in said district. a second be considered as ordered. ADJOURNMENT. The SPEAKER. Is there objection? [After a pause.] The Mr. PAYNE. Mr. Speaker, I renew my motion that the House Chair hears none, and the gentleman from Illinois is entitled to do now adjourn. twenty minutes and the gentleman from Minnesota to twenty The motion was agreed to; and accordingly (at 5 o'clock and minutes. 58 minutes p. m.) the House adjourned. Mr. MANN. Mr. Speaker, I think It ls about time to ad journ; and if they try to pass this bill in the form it is now, I shall make the point of no quorum. .EXECUTIVE COMMUNICATIONS, ETC. Mr. STERLING. Mr. Speaker, let me suggest to the gentle Under clause 2 of Rule XXIV, a letter from the Secretary -Of man this : I understand the gentleman from Illinois objects Commerce and Labor, transmitting a list of papers not needed because it carries an appropriation. I will ask unanimous con for the service of his department (H. Doc. No. 949), was taken sent to amend by striking that out and rely upon the Commit from the Speaker's table, referred to the Committee on Dispo tee on Appropriations if the bill may be considered now, if that sition of Useless Executive Papers, and ordered to be printed. is the only objection he has to it. Mr. TAWNEY. But, Mr. Speaker, there is a further objec- tion to this bill that ought to receive consideration, and that is, REPORTS OF COMMITTEES ON PUBLIC BILLS AND it provides and authorizes the employment of an indefinite RESOLUTIONS. number of volunteer truant officers, either male or female. The Under clause 2 of Rule XIII, law expressly prohibits the acceptance of voluntary service on Mr. KAHN, from the Committee on the District of Columbia, the part of anyone, and that law was passed for the purpose of to which was referred the bill of the House (H. R. 26291) to ex preventing anyone from performing services and making those tend the time for the construction of the East Washington services the basis thereafter of a claim for compensation. If Heights Traction Railroad, reported the same with amendment, we are going to have truant officers, I think we ought to pay for accompanied by a report (No. 1443), which said bill and report them. were referred to the Committee of the Whole House on the state l\fr. PAYNE. Mr. Speaker, I think it ls evident we can not , of the Union. pass this bill to-night, and I move that the House do now adjourn. PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. The SPEAKER. If the House will indulge the Chair for a Under clause 3 of Rule XXII, bills, resolutions, and memorials moment, the Chair desires to state that there are two small of the following titles were introduced and severally referred bills which he would like to have passed. They could be passed as follows: if by unanimous consent the House agreed to stop the proceed By Mr. DICKINSON: A bill (H. R. 2G579) to extend the pro ings now on this bill and let it go over as unfinished business. visions of the pension acts of June 27, 1890, and of February 6, The Chair would like very much to recognize the gentleman 1907, to the Enrolled Missouri Militia and other militia organi from Missouri [Mr. MURPHY] for the purpose of moving to zations of the State of Missouri that cooperated with the mili suspend the rules and pass a bill providing for the establish tary or naval forces of the United States in suppressing the war ment of a court at Rolla, Mo., and also the gentleman from of the rebellion-to the Committee on Invalid Pensions. Arkansas [Mr. MACON] to pass a similar bill for the State of By Mr. HAMILTON: A bill (H. R. 26580) to extend the time Arkansas. for commencing the construction and for the completion of a Mr. STERLING. Then this will go over as unfinished busi dam across the St. Joseph River near Mottville, St. Joseph ness. County, Mich.-to the Committee on Interstate and Foreign The SPEAKER. It would go over as unfinished business to Commerce. the next suspension ·day. By Ur. SULZER: A bill (H. R. 26581) to reduce postal rates, l\Ir. STERLING. And it would be first on call on that day? to impro-ve the postal service, and to increase postal revenues The SPEAKER. In the opinion of the Chair, it would. to the Committee on the Post-Office and Post-Roads. Mr. PAYNE. Mr. Speaker, I will withhold my motion to ad By l\lr. McKINLEY of Illinois: A bill (H. R. 26582) to grant journ for the present. to soldiers pensioned on account of wounds received in battle The SPEAKER. If there be no· objection, that course will be the same rate of pension to which they would be entitled on taken. [After a pause.] The Chair hears no objection. account of old age under the act of February 6, 1907-to the ESTABLISHING UNITED STATES COURTS AT ROLLA, MO. Committee on Invalid Pensions. Mr. MURPHY. Mr. Speaker, I move to suspend the rules By Ir. GRONNA: A bill (II. R. 26583) to authorize the city and pass the bill (II. R. 21219) to provide for sittings of the of Drayton, N. Dak., to construct a bridge across the Red River United States circuit and district courts of the eastern division of the North-to the Committee on Interstate and Foreign Com- of the eastern judicial district of Missouri at the city of Rolla, merce. in said district, which I send to the desk and ask to have read. • By Mr. SMITH of Michigan: A bill (H. R. 26584) to au The Clerk read the bill, as follows: thorize the Commissioners of the District of Columbia to collect B e it enacted, etc., That from and after the passage of this act there an annual rental for vault privileges granted in public space- shall be held at t he city of Rolla, in the eastern division of the east to the Committee on the District of Columbia. ern judicial district of Missouri, a term of both the circuit and district By Mr. GRANT: A bill (H. R. 2.6586) to provide for paving courts of said division and district on the fourth Monday in January of each yea r : Provided, That suitable rooms and accommodations are the streets in Asheville, N. C., abutting on the government lot furni sh ~ cl for the holding of said .court at said place free of expense to occupied by the United States post-office and court-house-to the Government of the Unit ed States. the Committee on Public Buildings and Grounds. The SPEAKER. Is a second demanded? [After a pause.] By Mr. FINLEY: A bill (H. R. 26587) to establish postal If not, the question will be taken on the motion to suspend the savings depositories for depositing savings at interest, the loan rules and pass the bill. of such funds to the Government, the repayments thereof, and 7524 CONGRESSIONAL RECORD-·· HO.USE~ JUNE 6, for other purposes-to the Committee on the Post-Office and By Mr. MONDELI:;: A bill (H. R. 26615) granting an increase Post-Roads. of pension to Edward G . .Ashley-to the Committee on Invalid By Mr. GOULDEN (by request) : A bill (H. R. 26588) to Pensions. amend section 4488, Revised Statutes, for the greater safety By Mr. MURDOCK: A bill (H. R. 26616) granting an increase and protection of passengers on steam vessels of the United of pension to John Hoffman-to the Oommittee on Invalid Pen States-to the Committee -0n the Merchant Marine and Fish sions. eries. Also, a bill (H. R. 26617) granting an increase of pension to By Mr. RAINEY: Resolution (H. Res. 727) asking tb..e .At John McCray-to the Committee on Invalid Pensions. torney-General for information with referenc.e to .matter ap Also, a bill (H. R. 26618) granting an increase of pension to pearing in a certain .speech printed in the CONGRESSIONAL J. R. Tuttle-to the Committee on Invalid Pensions. RECORD-to the Committee on the J'ndiciary. By 1\Ir. MURPHY: A bill (H. R. 26619) for the relief of the By l\Ir. KINKEAD of New Jersey: Joint resolution (H. J. legal representatives of Richard V. Durham-to the Committee Res. 224) relating to precedence of representatives of foreign on War Claims. governments on state occasions-to the Committee on Rules. By Mr. RAUCH: A bill (H. R. 26620) granting an increase of pension to Henry Creery-to the Committee on Invalid Pen PRIVATE BIL.LS AND RESOLUTIONS. sions. Also, a bill (H. R. 26621) granting an increase of pension to Under clause 1 of Rule XXII, private bills and resolutions of Cealon Robertson-to the Committee on Invalid Pensions. 1.he following titles were introduced and severally referred as Also, a bill (H. R. 26622) granting an increase of pension to follows: Luther M. Friltz.-to the Committee on Invalid Pensions. By Mr. ANDERSON, a bill (H. R. 26589) granting all in By Mr. RUCKER of Missouri: A bill (H. R. 26623) to au crease of pension to James W. Beckwith-to the Committee on thorize the issuance of a patent to Virginia McNealey, assignee .Invalid Pensions. of Thomas Henry, for land in Sullivan County, Mo.-to the Also, a bill (H. R. 26590) granting an increase of pension to Committee on the Public Lands. Henry W. Karr-to the Committee on Invalid Pensions. By Mr. SHARP: A bill (H. R. 26624) granting an increase Also, a bill (H. R. 26591) granting an increase of pension to of pension to Charles C. Early-to the Committee on Invalid Joseph Rohla-to the Committee on Invalid Pensions. Pensions. By Mr. ANDREWS: A bill (H. R. 26592) granting a pension to Mrs. John H. Leighner-to the Committee on Pensions. By Mr. BATES: A bill (H. R. 26593) granting an increase PETITIONS, ETC. of pension to Horace M. Marquet-to the Committee on Invalid Under clause l of Rule XXII, petitions and papers were laid Pensions. on the Clerk's desk and referred as-follows: By Mr. DELL of Georgia: A bill (H. R. 26594) granting a .By Mr. AI,KKANDER of New York; Petition .ot Pattern pension to Pinckney P. Chastain-to the Committee on Invalid l\fakers' Association of Buffalo and vicinity, for battle-ship Pensions. building in government nazy-yards-to the Committee on By Mr. BOEHNE: A bill (H. R. 26595) extending the life of Naval Affairs. -a. patent issued to Benjamin W. Smith-to the Committee on By Mr. ANDERSON; Paper to accompany bill for .retief ot Patents. Henry Homan-to the Comrnitte on Invalid Pensions. By l\1r. BROWNLOW: A bill (H. R. 26596) granting ' an in By Mr. BATES: Petition of Woman's Missionary Union ot crease of pension to Daniel Haun-to the Committee on Invalid the Methodist Episcopal Church of North East, Pa., .and the Pensions. Woman's Missionary Union of the Methodist Episcopal Church 13y l\Ir. BURLEIGH: A bill (H. R. 26597) for the Telief of of Cambridge Springs, Pa., against House bill 24879, inimical N. Parker Doe--to the Committee on Military Affairs. to interest of the Lucy Webb Hayes Missionary School-to the By Mr. BUR~'ETI': A bill (H. R. 26598) granting a pension Committee on the District of Columbia. to .Seborn Fassett-to the Committee on Invalid Pensions. By Mr. BELL of Georgia: Paper to accompany bill for relief Also, a bill (H. R. 26599) for the relief of the estate of Allen of Sarah A. E. Pierce-to the Conunittee on Pensions. T. Estes, deceased-to the· Committee on War Olaims. By Mr. BRADLEY.: Petition of citizens of Warwick, Orange By Mr. CALDER: A bill (H. R. 26600) granting a pension to County, N. Y., for enactment of Senate bill 6931, for an appro Elizabeth Conklin-to the Committee on Invalid Pensions. priation of $.500,000 for extension of work of the Office of Also; a bill (H. R. 26601) granting an increase of pension to .Public Roads-to the Committee on .Agriculture. Maria Pierce-to the Committee on Invalid Pensions. By Mr. BURKE of Pennsylvania: Petition of board .of edu By Mr. CAMPBELL: A bill (H. R. 26602) gl·anting an in cation of Kearny, N. J., for action by Congress to secure a crease of pension to Eliphaz C. Burnette-to the Committee on .more adequate field force for the -Un1ted States Bureau of Invalid Pensions. Education-to the Committee on .Education. By Mr. OROW: A bill (H. R. 26603) granting an increase of By .M.r. BURNETT: Pape.r to accompany bill for relief of pension to Elijah Whitten-to the Committee on lnvalid Pen John Glidwell-to the Committee on Invalid Pensions. sions. By .Mr. CALDER: Memorial of co.mmittee of Post No. 31, By .l\Ir. CRUMPACKER: A bill (H. R. 26604) granting an Department of New York, Grand Army of the Republic, of Jncrease of pension to Richard Collins-to the Committee on Kings County, N. Y., against acceptance of the Lee statue-to Invalid Pensions. the Committee on the Library. By Mr. GARDNER of Michigan: A bill (H. R. 26605) grant Also, memorial of Associated Chambers of Commerce of the ing an increase of pension to Rolyn Shepard-to the Committee Pacific Coast, for an appropriation of $30,000,000 for the com o.n Invalid Pensions. pletion of irrigation projects-to the Committee on 1rrigatlon 13y .Mr. GILLETT: A bill (H. ll.. 26606) "for the relief of of Arid Lands. Charles A. Caswell-to the Committee Qn Claims. By Ir. COOK: Petition of International Association of Ma Also, a bill (H. R 26607) for the relief of Richard W. Clif chinists, for battle-ship construction in government navy-yards ford-to the Committee on Claims. to the Committee on Naval Affairs. · By Mr. HAMILTON: A bill (H. R. 26608) granting an in By Mr. COX of Ohio : Petition of 30 citizens of Middletown, crease of pension to Henry Kiser-to the Committee on Invalid Ohio, favoring the passage of Senate bill 6049, known as the Pensions. Owen bill-to the Committee on Interstate and Foreign Com By l\1r. HARDY: A bill (H. R. 26609) ~or the relief of War merce. ren S. Bryant-to the Committee on Military Affairs. By 1\fr. D.A.WSON: Petition o! Scott County (Iowa) Medical By l\Ir. IDLL: A bill (H. R. 26610) granting an increase of Society, favoring the establishment of the proposed department pension to Calvin A. Smith-to the Committee on Invalid Pen- of public health, etc.-to the Committee on Interstate and For ~~ . eign Commerce. By Mr. HOWELL of Utah; A bill (H. R. 26611) granting an By Mr. DRAPER: Petition of Whitehall Civic Improvement Jncrease of ,Pension to Margaret J. Haskell-to the Committee on League, for investigation of dairy products-to the Committee Pen ions. on Agriculture. .Also, a bill (H. R. 26612) granting an increase of pension to Also, petition of Associated Chambers of Commerce of the Henry Cowles-to the Committee on Invalid Pensions. Pacific Coast, for an appropriation .of $30,000,000 to complete By Mr. HUBE.ARD of West Virginia: A bill (H. R. 26613) irrigation projects-to the Committee on Irrigation of Arid granting an increase of pension to Hiram Hoover~to the Co.m Lands. mittee on Invalid Pensions. B.Y l\Ir. DANIEL A. DRISCOLL: Petition of Patter.n l\Iakers' By Mr. LEVER: A bill (H. R. 26614) granting .a pension to Association of Buffalo, N. Y., for battle-ship construction in William P. Raines-to the Committee on Pensions. government navy-yards-to the Committee on Naval Affairs. 1910. CONGRESSIONAL RECORD-SENATE. 7525 By Mr. FLOYD of Arkansas: Paper to accompany bill for Also, petition of Illinois Manufacturers' Association, favoring relief of 1\fat Grubb and others, of Madison County, Ark.-to enjoinment of railways in advances of rates-to the Committee the Committee on 1\filitary Affairs. on Interstate and Foreign Commerce. By Mr. FORNES : Petition of Downtown Taxpayers' Asso By Mr. TILSON: Petition of board of directors of the Con ciation of New York City, for battle-ship building in govern necticut state prison, against enactment of legislation forbidding ment navy-yards-to the Committee on Naval Affairs. interstate transportation of prison-made goods-to the Commit Also, petition of Associated Chambers of Commerce of the tee on Interstate and Foreign Commerce. Pacific Coast, for $30,000,000 for irrigation projects-to the By Mr. WILSON of Pennsylvania: Petition of Roulette Committee on Irrigation of Arid Lands. Grange, No. 1287, Patrons of Husbandry, of Roulette, Pa., for By Mr. FULLER: Petition of E. B. Frain, of Plano, Ill., Senate bill 5842-to the Committee on Agriculture. against IIouse bill 24875, providing for a public-health serv By Mr. VOLSTEAD: Petition of citizens of Minnesota, ice-to the Committee on Interstate and Foreign Commerce. against a parcels-post law-to the Committee on the Post-Office Also, memorial of Associated Chambers of Commerce of the and Post-Roads. Pacific Coast, to make available $30,00Q,OOO for the comple By Mr. YOUNG of Michigan: Petitipn of Ladies of the tion of irrigation projects-to the Committee on Irrigation of Maccabees of the World, of Hancock, Mich., for amendment of Arid Lands. House bill 21321, in the interest of fraternal periodicals as sec By Mr. GALLAGHER: Petition of Pattern Makers' Associa ond-class mail matter-to the Committee on the Post-Office and tion of Chicago, Ill., for battle-ship building in government Post-Roads. navy-yards-to the Committee on Naval Affairs. Also, petition of Augustus Johnson and others, for Senate bill Also, petition of Associated Chambers of Commerce of the 6931, making appropriation of $500,000 for extension of the Pacific Coast, for an appropriation of $30,000,000 for the imme work of the Office of Public Roads of the United States Depart diate completion of government irrigation works-to the Com ment of Agriculture-to the Committee on Agriculture. mittee on Irrigation of Arid Lands. Also, petition of Kinross Grange, Patrons of Husbandry, and By Mr. GRAFF: Petition of 750 tourists on trip around the Alexander Stewart and others, of Michigan, for Senate bill world, for improvement of the merchant marine-to the Com 6931, making appropriation of $500,000 for extension of the mittee on the Merchant Marine and Fisheries. work of the Office of Public Roads of the United States Depart By Mr. HILL: Memorials of East Canaan Grange, No. 136, ment of Agriculture-to the Committee on Agriculture, of East Canaan; Plymouth Grange, No. 72, of Plymouth; and Shetucket Grange, No. 69, of Scotland, Patrons of Husbandry, all in the State of Connecticut, in favor of a public health bu SENATE. reau-to the Committee on Interstate and Foreign Commerce. Also, memorial of Danbury (Conn.) Council, No. 1310, Royal TuEsnAY, June 7, 1910. Arcanum, for admission of fraternal publications to the mails at second-class rates-to the Committee on the Post-Office and Prayer by the Cllaplain, Rev. Ulysses G. B. Pierce, D. D. Post-Roads. The VICE-PRESIDENT being absent, the President pro tcm Also, memorial of Rippowan Grange, No. 145, Patrons of pore took the chair. Husbandry, of Stamford, Conn., favoring bills calling for an The Secretary proceeded to read the Journal of yesterday's appropriation for agriculture extension work-to the Commit proceedings when, on request of Mr. KEAN, and by unanimous tee on Agriculture. consent, the further reading was dispensed with, and the By Mr. KINKEAD of New Jersey: Petition of International Journal was approved. Association of Machinists, for battle-ship construction in gov PROPOSED INCREASES IN FREIGHT RA.TES. ernment navy-yards-to the Committee on Naval Affairs. The PRESIDENT pro tempore laid before the Senate a com Also, petition of citizens of New Jersey, against Senate bill munication from the Interstate Commerce Commission, trans 6049, relative to national department of health-to the Com mitting in response to resolution of the 3d instant, a tabulated mittee on Interstate and Foreign Commerce. statement showing 250 typical examples of proposed increases Also, petition of G. Van Hauton Post, No. 3, Department of in freight rates on important commodities, etc. ( S. Doc. No. New Jersey, Grand Army of the Republic, of Jersey City, N. J., 609), which, with the accompanying paper, was referred to the indorsing Gen. Michael Kerwin for United States pension agent Committee on Interstate Commerce and ordered to be printed. for New York-to the Committee on Invalid Pensions. Also, petition of the Associated Chambers of Commerce of FINDINGS OF THE COURT OF CLAIMS. the Pacific Coast, for appropriation of $30,000,000 for comple The PRESIDENT pro tempore laid before the Senate com tion of irrigation work-to the Committee on Irrigation of Arid munications from the assistant clerk of the Court of Claims Lands. transmitting certified copies of the findings of fact filed by the By Mr. LOUD : .Memorial of Alabaster Grange, No. 779, Pa court in the following causes: trons of Husbandry, of Alabaster, Mich., favoring the enactment Trustees of the St. Stephens Lutheran Church, of Shenan of Senate bill 6049, providing for the establishment of a bureau doah County, Va., v. United States (S. Doc. No. 607); and of health-to the Committee on Interstate and Foreign Com Edward Lasell, guardian of the heirs at law of William H. merce. Yeaton, deceased, v. United States (S. Doc. No. 608). By l\!r. MURDOCK: Petition of citizens of Kansas, against The foregoing causes were, with the accompanying papers, re transportation of intoxicating liquors from any State into pro ferred to the Committee on Claims and ordered to be printed. hibition States-to the Committee on the Judiciary. USELESS PAPEBS IN DEPARTMENT OF COMMERCE AND LABOR. Also, petitions of citizens of Geuda Springs, Kans., for an The PRESIDENT pro tempore. The Chair lays before the amendment to the Constitution recognizing the Deity in that Senate a communication from the Secretary of Commerce and lnstrument-to the Committee on the Judiciary. Labor, transmitting, pursuant to law, a list of certain papers By Mr. NEEDHAM: Petition of the Chamber of Commerce of in that department which are not needed or useful in the trans San Francisco, against any amendment to the fourth section of action of the current business of the department, and have no the interstate-commerce act which may hamper railways in ad permanent value or historical interest. justing their rates-to the Committee on Interstate and For'eign The communication with the accompanying paper will be Commerce. printed and referred to the Joint Select Committee on the Dis Also, petition of Seward Commercial Club, for action by Con position of Useless Papers in the Executive Departments, and gress to open coal fields of Alaska-to the Committee on the the Chair appoints the Senator from North Carolina [:Mr. Territories. SIMMONS] and the Senator from New Hampshire [Mr. GAL Also, petition of Chamber of Commerce of San Francisco, LINGER] members of that committee on part of the Senate. against restriction of coal mining in Alaska-to the Committee on the Territories. · MESSAGE FROM THE HOUSE. By Mr. SMITH of Texas: Petition of John Henderson and A message from the House of Representatives, by W. J. others of Texas, for an amendment to the Constitution enabling Browning, its Chief Clerk, announced that the House had women to vote-to the Committee on the Judiciary. passed the bill (S. 7177) establishing Eastport, Idaho, a sub By Mr. SULZER : Petition of Associated Chambers of Com port of entry in the customs-collection district of Montana and merce of the Pacific Coast, for $30,000,000 to complete irrigation Idaho, and for other purposes. project-to the Committee on Irrigation of Arid Lands. The message also announced that the House had passed the Also, petition of Samuel W. Peck & Co., favoring San Fran following bills with amendments, in which it requested the con cisco as proper site for the Panama exposition-to the Com currence of the Senate: mittee on Industrial Arts and Expositions. S. 6173. An act to license custom-house brokers; and