1908. CONGRESSIONAL RECORD-SENATE. 5397

By Mr. O'CO:NXELL: Petition of Building Labmers, Ex­ By Mr. W .A.LLACE: Petition of New London Local Union, ca-rators, and Rockmen's Union 1167, American Federation of No. 28!), relati-re to legislation against all kinds of dealings in Labor, for H. R. 2058-:1:, amendment to Sherman antitrust law; futures relative to farm products-to the Committee on Inter­ for the Pearre bill (II. n. 94), employers' liability bill, and the state and Foreign Commerce. eight-hour bill-to the Committee on the Judiciary. By Mr. WANGER: Petitions of Frank Pennypacker and 12 By 1\fr. OVERSTRET: Petition of Royal Brewing Company, other citizens of Royersford and Spring City, Pa., and William of Kansas City, Mo., opposing passage of the Knox liquor bill A. Carl, Adam C. Krauss, and John H. Kase, and Oigar Makers' (S. 657G)-to the Committee on the Judiciary. Union No. 232, of Sellersvi1le, Pa., for the enactment of the bills By l\Ir. PERKINS: Petition of citizens of the State of New H. R. 94 and ll. R. 20584, a general employers' liability law York, for amendment proposed by American Federation of and bill limiting a dnr's labor to eight hours upon work done Labor conference to the Sherman antitrust law, and for the for the Go-rernment-to the Committee on the Judiciary. Pearre bill, the employers' liability bill, and the national eight­ Also, petition of Ringing Rocks Lodge, No. G6ri, Brotherhood hour law-to the Committee on the Judiciary. of Railway Trainmen, of Pottstown, Pa., favoring H. R. 19795 By Mr. PORTER: Petition of citizens of Niagara Falls, N. Y., and S. G320-to the Committee on Interstate and Foreign Com­ for amendment to Sherman antitrust law, Pearre bill, em­ meTce. ployers' liability bill, and eight-hour bill-to the Committee on Also, petition of City Club of Chicago, for H. R. 10457, for the Judiciary. forest resenation in White Mountains and Southern Appa­ Also, petition of Board of Trade of Niagara Falls, N. Y., lachian Mountains-to the Committee on Agriculture. against removal of duty on wood pulp-to the Committee on By Mr. WASHBURN: Petition of citizens of Worcester, Ways and l\Ieans. 1\Iass., and· Local No. 96, International Brotherhood of Elec­ By Mr. RAINEY: Petition of Duquoin, Ill., Central Labor trical Workers of America, for exemption of labor unions from Union, favoring restricted immigration-to the Committee on the operations of the Sherman antitrust law, for the Pearre Immigration and Naturalization. bill regulating injunctions, for the employers' liability act, and By l\1r. ROBERTS: Petition of citizens of Malden, Mass., for for the eight-hour law-to the Committee on the Judiciary. exemption of labor unions from operations of the Sherman anti­ By Mr. WEISSE: Petition of Wisconsin Retail Lumber trust law, for the Pean'e bill, employers' liability bill, and the Dealers' Association, against a parcelsTpost law-to the Com­ eight-hour bill-to the Committee on the Judiciary. mittee on the Post-Office ahd Post-Roads. By Mr. SHERMAN: Petition of residents of the Twenty­ By .l\1r. WILLIAMS : Paper to accompany bill for relief of seventh District of New York, for the amendment to the Sher­ estate of C..'l.lvin Tilley-to the Committee on War Claims. man antitrust law known as the "Wilson bill" (H. R. 20584), By Mr. WILSON of Pennsyl\ania: Petitions of Division No. for the Pearre bill (H. R. 94), the employers' liability bill, and 24, Order of Railway Telegraphers, of Lock Haven and :Mc­ I . the eight-hour bill-to the Committee on the Judiciary. Elhattan, Pa., and Keystone Lodge, No. 33, International Asso­ By l\Ir. S:~IITH of Missouri: Petition of Machinists' Local ciation of Car 'Yorkers, of Vilas, Pa., for amendment proposed Union No. 135, of De Soto, Mo., and Graniteville, l\fo., citizens, by American Federation of Labor conference to the Sherman v for exemption of labor unions from the operations of the Sher­ antitrust law, and for the Pearre bill, the employers' liability man antitrust law, for the Pearre bill regulating injunctions, bill, and the national eight-hour law-to the Committee on the for the employers' liability act, and for the eight-hour law-to Judiciary. the Committee on the Judiciary. By Mr. WOOD: Petitions of n. D. I\.filnor, G. C. Milnor, and By l\Ir. SPERRY: Petition of the Hartford Business l\Ien's William D. Milnor, of Lambertville, N. J.; Rubber Workers' Association, of Hartford, Conn., for forest reserrations in White Union, No. 12420, American Federation of Labor, of Lambert­ Mountains and Southern Appalachian Mountains (H. R.10457)­ ville, N.J., and Sanitary Pre~sers' Association, of Trenton, N.J., to the Committee on Agriculture. and others, for amendment to Sherman antitrust law, for the Also, petition of citizens of New Haven, Meriden, and Water­ Pearre bill regulating injunctions, employers' liability .bill, and bury, Conn., for amendment proposed by American Federation national eight-hour law-to the Committee on the Judiciary. of Labor conference to the Sherman antitrust law, and for the Pearre bill, the employers' liability bill, and the national eight­ hour law-to the Committee on the Judiciary. SENATE. By l\1r. STERLING: Petitions of citizens of Pontiac, Dl., and Bloomington and Normal, Ill., for exemption of labor unions WEDNESDAY, April 29, 1908. from the operations of the Sherman antitrust law, for the Pr-ayer by the Chaplain, Rev. EDWARD E. HALE. Pearre bill regulating injunctions, for the employers' ]jability The Secretary proceeded to read the Journal of yesterday's act, and for the eight-hour law-to the Committee on the Ju­ proceedings, when, on request of Mr. KEAN, and by unanimous diciary. consent, the further reading was dispensed with. By l\1r. SULZER: Petition of Merchants' Association of New The VICE-PRESIDENT. The Journal stands appro-red. York, against Aldrich cunency bill (S. 3023)-to the Commit­ ENROLLED BILLS AND JOINT RESOLUTION SIGNED. tee on Banking and Currency. A message from the House of Representatives, by Mr. W. J. Also, petition of the Royal Brewing Company, of Kansas BROWNING, its Chief Clerk, announced that the Speaker of the City, against the Knox liquor bill (S. 6576)-to the Committee House had signed the following enrolled bills and joint resolu­ on the Judiciary. tion, and they were thereupon signed by the Vice-President: Also, petition of Mergenthaler Linotype Company, against S. 512G. An act to grant the, city of Seattle, in the State of H. R. 15835 and 17869, proposing radical changes in the patent washington, certain rights of way for sewer and street purposes ) law-to the Committee on Patents. I through and along the military reservation of Fort Lawton, Also, petition of Edward P. l\Ioran, Words and Music Clnb, Wash., and through the reservations for the Lake Washington I for legislation in copyright cases fa\orable to musical com­ Canal; posers--to the Committee on Patents. H. R.12773. An act granting to the city of Woodward, in the Also, petition of Association for Protection of the Adiron­ State of Oklahoma, lot 2, in block 48, for park and other public dacks, praying for legislation and modification of the Sherman purposes ; and antitrust law, for employers' liability law, for limitation on in­ H. J. Res.171. Joint resolution providing for assistance to junction, and for the extension of the eight-hour law-to the the people of the storm-swept States of Georgia, Alabama, l\Ii.s­ Committee on the Judiciary. · sissippi, and Louisiana. Also, petition of Merchants' Association of New York, for the Fowler currency bill-to the Committee on Banking and Cur­ PETITIONS AND MEMORIALS. rency. Mr. PLATT presented a petition of North Side llepublic::m Also, petition of Gulf Refining Company, of Pittsburg, Pa., for Club, of New York City, N. Y., praying for the enactment of an embargo on Venezuelan asphalt-to the Committee on Ways legislation to improve the present cunency system, which was and Means. referred to the Committee on Finance. By Mr. VREEL.A.l'i"D : Petition of citizens of Olean, for amend­ He also pre£ented petitions of sundry citizens and local labor ment to Sherman antitrust law and for PearrP- bill, employers' organizations of Brooklyn, Buffalo, Geneva, Mineville, New liability bill, and eight-hour bill-to the Committee on the York City, Olean, Schenectady, and 'I'roy, all in the State of Judiciary. New York, praying for the adoption of certain amendments to Also, petition of International Brotherhood of Pulp, Sulphite, the so-called "Sherman antitrust law," relating to labor organi­ and Paper Uil1 Workers, of Morrisonville and Palmer, N. Y., zations, which were referred to the Committee on the Judicial'Y. against removal of duty on wood pulp-to the Committee on Mr. DEPE·w presented a petition of the Merchants' Associa­ Ways and Means. tion of the State of New York, praying for the appointment ~f 5398 CONGRESS! ON AL RECORD-SEN ATE. APRIL 29, a currency commission, and also remonstrating against the l\fr. WETl\fORE presented a petition of the Textile Workers' passage of the so-called "Vreeland currency bill," which was Union, No. 133, American Federation of Labor, of White Rock, referred to the Committee on Finance. R. I., praying for the adoption of certain amendments to the He also presented petitions of sundry labor organizations of so-called "Sherman antih·ust law" relating to labor organiza­ Ilion, Lockport, Oswego, and Syracuse, all in the State of New lions, which was referred to the Committee on the Judiciary. York, praying for tlle adoption of certain amendments to the Mr. PILES presented a petition of sundry citizens of What­ so-called "Sherman antitrust law," relating to labor organiza- com County, Wash., praying for the enactment of legislation tions, which were referred to the Committee on the Judiciary. to establish postal savings banks, which was ordered to lie He also presented a memorial of the banking committee of on the table. tlle Chamber of Commerce of Buffalo, N. Y., remonstrating He also presented a petition of l\farine Engineers' Beneficial against the pm:sage of the so-called "Aldrich currency bill," Association No. 38, of Seattle, Wash., praying that an appro­ which was ordered to lie on the table. priation be made for the impro.-ement of the ri>ers and harbors Mr. SUI'HERL.A.ND presented a petition of sundry citizens of of the country, which was referred to the Committee on Com­ Salt Lake City, Utah, praying for the ratification of interna- merce. tional arbitration treaties, which was referred to the Commit- He also presented memorials of sundry citizens of Seattle, tee on Foreign Relations. Puyallup, Pearson, :E'oster, Sunnydale, and Riverton, all in the 1\Ir. PERKINS presented a memorial of sundry citizens of State of Washington, remonstrating against the enactment of San Francisco, Cal., remonstrating against the ratification of legislation to prohibit Sunday banking in post-offices in the the treaty of arbitration between the United States and Great handling of money orders and registered letters, which were Britain, which was ordered to lie on the table. · referred to the Committee on Post-Offices and Post-Roads. He also preseuted a petition of sundry citizens of San Fran- l\Ir. BROWN presented sundry petitions of labor organiza- cisco, Cal., and a petition of sundry citizens of Oakland and Los tions of Lincoln, Nebr., praying for the adoption of certain Angeles, Cal., praying for the adoption of certain amendments amendments to the so-called "Sherman antitrust law" relat­ to the so-called "Sherman antih·ust law" relating to labor or- ing to labor organizations, which were referred to the Com­ ganizations, which were referred to the Committee on the mittee on the Judiciary, Judiciary. Mr. TALIAFERRO presented a petition of Welcome Union, Mr. CULLOM pre~ented petitions of sundry labor organiza- No. 1409, United Brotherhood of Carpenters and Joiners of tions of Quincy, Chicago, Girard, 1\Ioline, Carlinville, DL~on, Apalachicola, Fla., praying for the adoption of certain amend­ Bloomington, Galesburg, Belleville, Rockford, Kewanee, Joliet, ments to the so-called "Sherman antitrust law," relating to East St. Louis, Elgin, Centralia, Edwardsville, 1\lattoon, and labor organizations, which was referred to the Committee on Madison County, all in the State of Illinois, vraying for the the Judiciary. adoption of certain amendments to the so-called " Sherman Mr. FORAKER presented memorial of the Elm Street Club, antitrust law," relating to labor organizations, which were re- of Cincinnati; Deutsche Eiche Loge, No. 469, D. of H., of Day­ felTed to the Committee on the Judiciary. ton; German Benevolent Society, of Newark; Wilhelm Circe!, Ur. GALLINGER presented a petition of sundry citizens of No. 294, P. H. C., of Springfield; Hessian Society, of Toledo; Washington, D. C., praying for the enactment of legislation to Grove No. 41, United Ancient Order Druids, of Newark; the change the name of V street NW. to California ayenue, which Team of Hermann Lodge, No. 20 , I. 0. 0. F., of Cincinnati; wa8 referred to the Committee on the District of Columbia. the Skas Club, of Youngstown; the Deutsche Krieger Verein, Mr. BRIGGS presented petitions of sundry labor organiza- of Galion; the Socialer Turnverein, of Toledo; Steuben Lodge. tions of Trenton, Newark, Paterson, Elizabeth, Williamstown, :Ko. 507, I. 0. 0. F., of Dayton; East Li.-erpool Turnverein, of Lambertville, Long Branch, Jersey City Heights, New Bruns- East Liverpool; German Benefit Union, No. 23G; Humboldt wick, Bridgeton, Swedesboro, Clayton, Millville, and Hudson Verein, of Columbus; Gambrinus Benevolent Society, of Toledo; County, all in the State of New Jersey, praying for the adop- Deutsche Krieger Verein, of Medford; Bund Amerikanischer tion of certain amendments to the so-called "Sherman antih·ust Freunde, of Cincinnati; St. Bonifacius Benevolent Society, of law," relating to labor organizations, which were referred to the l\finster; Eintracht Loge Deutscher Orden of Ilarugari, of Committee on the Judiciary. Union City; Pioneer Society, of Massillon; German Beneficial lie also presented the petition of Mrs. William .A.. Prescott, of Union, No. 34, of East Li.-erpool; Glass Bottle Blowers' .A.sso­ Berlin, N. J., praying for the enactment of legislation providing . ciation, No. 17, of Massillon; also sundry citizens of Cleveland, for the inYestigation and the de.-elopment of the methods of the Massillon, Warwick, Zanesville, Sandusky, Cincinnati, Ports­ treatment of tuberculosis, which was referred to the Committee mouth, Toledo, Hamilton; al o St. John's Beneficial Society, of on Public IIealth and National Quarantine. Columbus; Deutscher Natl. Verein "Einh·acht," of Cincinnati; He also presented a petition of the Lincoln Republican Club, . Hessian Beneficial Society, of Cincinnati; the Hamilton Sano-er­ of Asbury Park, N. J., praying that an appropriation be made bund, of Hamilton; Allemania Loge, No. 27, Deutscher Orden der for the construction of a post-office building at that city, which Harugari, of Cleveland; German-American Alliance, of Spring­ was referred to the Committee on Public Buildings and Grounds. field; German-American Stadt Verband, of Youngstown; Bava- I:Ie also presented the memorial of J. S. Mtmdy, of Newark, rian Beneficial Society, of Columbus; Harugari Liederkranz, of N. J., remonstrating against the adoption of the Hepburn Dayton; Musicians' Protective Union, of Hamilton; Newburgh amendment to the so-called "Sherman antitrust law," which Germania Maennerchor, of Cleveland; Concordia Beneficial So­ was referred to the Committee on the Judiciary. citie, of Dayton; Germania Lodge, Independend German Order, He also presented the petition of Dr. William H. Shipps, of of le-veland; Gesang-Verein Orpheus, of Cleveland; Pfaelzer .r • Bordentown, N. J., praying for the enactment of legislation to Verein, of Cleveland; Gruetti Verein, of Toledo; Pioneer Society promote the efficiency of the Public Health and Marine-Hospital of Chillicothe; Shwarzenalder N. Verein, of Cincinnati; Hum­ \ Service, which was referred to the Committee on Public Health boldt Grove Lodge, No.15, U . .A.. 0. D., of Tiffin; German Benevo­ and National Quarantine. lent Society, of Springfield; Concordia Lodge, No. 345, F . .A.. l\f., of \ He also presented memorials of stmdry citizens of Hoboken, Clen:•Jand; German-American Alliance, of Cincinnati; German­ Paterson, Clifton, and Passaic, all in the State of New Jersey, American Alliance, Fremont Bund, of Fremont; Schwabischer remonsh·ating against the ratification of the treaty of nrbitra- Unt Yerein, of Cincinnati; Deutsch Oesterreicher Unterstuet­ tion between the United States and Great Britain, which were zung Verein, of Cincinnati; St. Joseph Court, No. 433, C. 0. F., ordered to lie on the table. of Columbus; Badische Saengerbunde, of Dayton; Deutscher :Mr. GAMBLE presented the petition of W. U. Grafton, of Unterstuetzung Verein, of Dayton; Hernegh Mannerchor, of Mitchell, S. Dak., praying for the enactment of legislation to Cincinnati; West Cincinnati Turner Verein, of Cincinnati; prohibit the manufacture and sale of intoxicating liquors in German Lutheran Benevolent Society, No. 1, of Cleveland; Day­ the Dish·ict of Columbia, which was referred to the Committee ton Turngemeinde, of Dayton; German-American .Alliance, of on the District of Columbia. Akron; Helvetia .Maennerchor, of Columbus; Deutsche Gesell- IIe also presented memoria~s of sundry citizens of Rapid City, schaft, of Bucyrus; German Pioneer Society, of Toledo; North s. Dak., of Lincoln, Nebr., and of Nashyille, Tenn., remon- German Benevolent Society, of Toledo; German Veteran Asso­ strating against the enactment of legislation to protect the first ciation, of Massillon; Turner :Maennerchor, of Cleveland; Ger­ day of the week as a day of rest in the District of Columbia, mania l\faennerchor, of Portsmouth; United Trades and Labor which were referred to the Committee on the Dish·ict of Co- Council of Cleveland; Bartenders' Union, Local No. 10 , of lumbiu.. Cleveland, all in the State of Ohio, remonstrating against the Mr. GUGGENHEIM presented a petition of sundry citizens enactment of legislation to prohibit the interstate transportation of Denver, Colo., praying for the adoption of certain amend- of intoxicating liquors, which were ordered to lie on the ments to the so-called "Sherman antitrust law" relating to table. labor organizations, which was referred to the Committee on the l\Ir. STEWART presented a petition of Local Union No. 21, Judiciary. Iron Workers' International Union of America, of Bethel, Vt., 1908. CONGRESSIONAL RECORD- SENATE. '5399

praying for the adoption of certain amendments to the so­ late postmaster of the city of New York, and the sureties on called "Sherman antitrust law" relating to labor organiza­ his bond be relieved from the payment to the United States of tions, which was referred to the Committee on the Judiciary. America of the sum of $1,285.71, the amount paid II. Clayton Mr. STEPHENSON presented a memorial of the Merchants Graff during the fourth quarter of the year 1902 and the first and Manufacturers' Association of Milwaukee, Wis., remon­ and second quarters of the year 1903, who was carried on the strating against the passage of the so-called "Aldrich currency pay rolls at the New York City post-office for that period. bill," which wns ordered to lie on the table. The bill was reported to the Senate without amendment, He also presented a memorial of the Chamber of Commerce of ordered to be engrossed for a third reading, read the third time, Milwaukee, Wis., remonstrating against the enactment of legis­ and passed. lation to increase the di-version of the water from Lake Michi­ BILLS INTRODUCED. gan into the Chicago Drainage Canal, which was referred to Mr. FRYE introduced a bill ( S. 6885) granting a pension to the Committee on Commerce. Mary O'Neill, which was read twice by its title and, with the Mr. du PONT presented sundry memorials of labor organi­ accompanying papers, referred to the Committee on Pensions. zations of Wilmington, Del., praying for the adoption of certain Mr. NELSON introduced a bill ( S. 6886) granting an increase amendments to the so-called "Sherman antitrust law" relating of pension to Margaret Jewell, which was read twice by its to labor organizations, which were referred to the Committee title and referred to the Committee on Pensions. on the Judiciary. 1\Ir. McCUMBER introduced the following bills, which were Mr. BR.A.l\""'DEGEE presented a petition of Preston City severally read twice by their titles and, with the accompanying Grange, Patrons of Husbandry, of Preston City, Conn., praying papers, referred to the Committee on Pensions: for the passage of the so-called "ruTal parcels-post bill," which A bill (S. 6887) granting an increase of pension to Alfred was referred to the Committee on Post-Offices and Post-Roads. Robbins; He also presented a petition of the Business Men's Associa­ A bill ( S. 6888) granting an increase of pension to William tion of New Ha-ren, Conn., and a petition of the Chamber of W. Graves; and _ C-ommerce of New Haven, Conn., praying that an appropriation A bill ( S. 6889) granting an increase of pension to Henry D. be made for the construction of a public building at that Parsons. city, which were referred to the Committee on Public Buildings l\Ir. KNOX inn·oduced a bill (S. 6890) for the relief of the and Grounds. heirs of Cornplanter, alias John O'Bial or Abeel, a Seneca. In­ Mr. RAYNER presented petitions of sundry citizens and dian chief, which was read twice by its title and referred to the labor organizations of Cumberland and Baltimore, in the State Committee on Indian Affairs. I of Maryland, praying for the adoption of certain amendments Mr. TALIAFERRO introduced a bill (S. 6891) for the relief to the so-called "Sherman antitrust law" relating to labor or­ of :Maj. G. S. Bingham, which was read twice by its title and, ganizations, which were referred to the Committee on the with the accompanying papers, referred to the Committee on Judiciary. Military Affairs. j REPORTS OF C0110ITTTEES. l'lfr. TAYLOR introduced the following bills-, which were sev­ Mr. McCU~IBER, from the Committee on Pensions, to whom erally read twice by their titles and referred to the Committee was referred the bill ( S. 3720) for the relief o:f the families of on Claims: certain Indian policemen who were killed during the engage­ A bill (S. 6892) for the relief of the estate of Jolm T. Mc­ ment at Sitting Bull's camp, on Grand River, December 15, Clenahan ; and 1890, and for the relief of Alexander Middle, who was wounded A bill ( S. 6893) for the relief of the public school directors of in said engagement, reported it with an amendment and submit­ the first school dis-trict of Franklin County, Tenn. ted a report (No. 577) thereon. Mr. FRAZIER introduced the following bills, which were He also, from the same committee, to whom was referred the se-verally read twice by their titles and referred to the Com­ bill (S. 5300) granting increase of pensions to survivors of the mittee on Claims: Indian wars under the acts of July Zl, 1892, and June 27, 1002, A bi11 (S. 6894) for the relief of the Cumberland Presbyterian reported it with amendments and submitted a report (No. 578) Church, of Chattanooga, Tenn.; and thereon. A bill (S. 6895) for the relief of St. Paul's Protestant Episco­ Mr. PERKINS, from the Committee on Naval Affairs, to pal Church, of Chattanooga, Tenn. t whom was referred the bill (S. 142) providing for the deposit Mr. GUGGENHEIM introduced a bill ( S. 6896) granting an of a model of any vessel of war of the United States Navy, increase of pension to Edwin Morgan, which was read twice by bearing the name of a State of the United States, in the its title and, with the accompanying papers, referred to the capitol building of said State, reported it with an amendment Committee on Pensions. and submitted a report (No. 579) thereon. Mr. BURKETT introduced a bill (S. 6897) granting an in­ Mr. DIXON, from the Committee on Indian Affairs, to whom crease of pension to Maud J. Clark, which was read twice by was referred the bill (S. 2963) for the survey and allotment of its title and referred to the Committee on Pensions. lands now embraced within the limits of the Crow Indian Mr. GALLINGER introduced a bill ( S. 6898) granting an Reservation, in the State of Montana, and the sale and disposal increase of pension to James Ritchie, jr., which was read twice of all surplus lands after allotment, reported it with an amend­ by its title and, with the accompanying papers, referred to the ment :md submitted a report (Ko. 581) thereon. Committee on Pensions. Mr. WETMORE i_ntroduced a bill (S. 6899) granting an in­ GLACIER NATIONAL P.ABK. crease of pension to Jonathan Davison, which was- read twice Mr. DIXON, from the Committee on Public Lands, to whom by its title and referred to the Committee on Pensions. was refered the bill ( S. 5648) to establish the Glacier National :Mr. DICK introduced a bill (S. 6900) to amend the act ap­ Park west of the summit of the Rock-y Mountains and south of proved July 2, 1890, entitled "An act to protect trade and com­ the international boundary line in Montana, and for other pur­ merce against any unlawful restraints and monopolies," which poses, reported it with amendments and submitted a report was read twice by its title and referred to the Committee on (No. 580) thereon. the Judiciary. Mr. CARTER. In connection with the report just made I He also (by request) introduced a bill (S. 6001) to acquire wi h to offer a resolution, and I request consent for its present the triangular squa.re bounded by Second and T streets and consideration. Rhode Island avenue NW. for use as a public park, which was The resolution was read, considered by unanimous consent, read twice by its title and referred to the Committee on the and agreed to, as follows : District of Columbia. Resolved, That the Geological Survey is hereby authorized to re­ Mr. CLAPP introduced the following bills, which were sever­ produce by photolithograph the map filed as a part of the report on s. 5648, and to direct the reproduction of the illustrations, without ally read twice by their titles and referred to the Committee on competitive bidding. Claims: ESTATE OF COR:m:LIUS VAN COTT. A bill (S. 6902) to refund to the Territory of Hawaii the Mr. KEAN. I am directed by the Committee on Claims, to amount expended in maintaining light-house service on its whom was referred the bill · (S. 4720) for the relief of the coasts from the time of the organization of the Territory until sureties on the official bond of the late Cornelius Van Cott, to said light-house service was taken over by the Federal Govern­ report it favorably, and I submit a report (No. 576) thereon. ment; and It is a brief bill, and may as well be passed now. I ask for A bill (S. 6903) for the relief of John I. Conroy and others. its present consideration. AMENDMENTS TO APPROPRIATION BILLS. The Secretary read the bill, and there being no objection, the Mr. CULLOM submitted an amendment proposing to appro­ Senate, as in Committee of the Wbole, proceeded to cons-ider priate $4,800 for the payment of the quota. of the United States the bill~ It provides that the estate of Cornelius Van Cott, for the support of the International Institute of Agriculture for

I j' 5400 CONGRESS! ON AL RECORD-SENATE. APRIL 29,

the calendar year 1909, intended to be proposed by him to the Mr. TELLER. I should like to ask what bill the Senator diplomatic and consular appropriation bill, which was referred refers to? to the Committee on Appropriations and ordered to be printed. Mr. GALLI1~GER. It is the bill to regulate the emp!oyment He also submitted an amendment proposing to appropriate of child labor in the District of Columbia. $100,000 to meet the expenses on the part of the United States Mr. BEVERIDGE. Could the Senator put it on the 11th? in the arbitration before the Permanent Court of Arbitration at I must be out of the city on the 7th. The Hague, etc., intended to be proposed by him to the sundry Mr. GALLINGER. That would put it pretty far ahead. civil appropriation bill, which was referred to the Committee Mr. BEVERIDGE. All right; then make it the day before on Appropriations and ordered to be printed. the 7th. Mr. WETMORE submitted an amendment proposing to ap­ Mr. KEAN. Why not pass the bill now? It is a very simple propriate $150,000 for the purchase of the tract of land formerly measure. known as "Graceland Cemetery," in the District of Columbia, .Mr. GALLINGER. My request is made to accommoda~e one etc., intended to be proposed by him to the omnibus public or two Senators who would like to have it postponed. I will . buildings bill, which was referred to the Committee on Public ask that on Wednesday, May 6, at 4 p. m., the bill be Yoted Buildings and Grounds and ordered to be printed. upon without further debate. Mr. WARREN submitted an amendment proposing to appro­ The VICE-PRESIDENT. The Senator from New Hampshire priate $200,000 for the erection of a fireproof addition to the asks that Senate bill 4812 be voted upon at 4 o'clock on Wednes­ court-house, Washington, D. C., intended to be proposed by him day, the 6th day of l\fay; that the vote be then taken upon to the sundry civil appropriation bill, which was referred to the amendments pending and to be offered and the bill without Committee on Appropriations and ordered to be printed. further debate. 1\fr. FOSTER submitted an amendment proposing to appro­ Mr. NELSON. I have no objection to the bill being taken up priate $3,267 for the purchase of property for embassy at for consideration at that time or on any other date, but until Tokyo, Japan, intended to be proposed by him to the diplomatic it has been taken up and discussed I am unwilling to a 0 Tee upon and consular appropriation bill, which was referred to the any time for voting upon it. We have had no debate at all upon Committee on Appropriations and ordered to be printed. the bill. Mr. GALLINGER. Then I will moye to proceed to the con­ AMENDMENT TO OMNIBUS CLAIMS BILL. sideration of the bill. :Mr. McCREARY submitted an amendment intended to be 1\Ir. BE"VERIDGE. I hope the Senator will postpone that mo­ proposed by him to House bill No. 15372, known as the "omni­ tion until we can fix a day. bus claims bill," which was ordered to lie on the table and be 1\Ir. LODGE. 1\Ir. President-- printed. The VICE-PRESIDENT. Does the Senator from New Hamp­ RESTRICTIONS ON LANDS IN OKLAHOMA. shire yield to the Senator from Massachusetts? 1\fr. DAVIS submitted an amendment intended to be proposed Mr. GALLINGER. Certainly. by him to the bill (H. R. 15641) for the remoyal of resh·ictions COMPANIES B, C, AND D, TWENTY-FIFTH INFANTRY. from part of the lands of allottees of the Five Civilized Tribes, 1\Ir. LODGE. I merely desire to say that the Senator from \ and for other purposes, which was ordered to lie on the table Missouri [Mr. W ABNER] is ill and confined .to his hou e and will and b' printed. not be able to be in the Senate for some days to complete his EMPLOYMENT OF STENOGRAPHER. speech on the Brownsyille affair. In his behalf, in order that Mr. HEME~"'"W AY submitted the following resolution, which he may be relieved in that regard, I ask that he may be per­ was referred to the Committee to Audit and Control the Con­ mitted to print his speech in the RECORD and extend it with tingent Expenses of the Senate: such additions and extracts from testimony as are now em­ Resolved, That the Committee on the University of the United States bodied in his prepared speech. be, and the same is hereby, authorized to continue during vacation and for the remainder of the Sixtieth Congress the services of a. stenog­ The VICE-PRESIDENT. Is there objection to the request rapher, authorized by Senate resolution No. 59, to be paid from the made by the Senator from Massachusetts on behalf of tha Sen­ contingent fund of the Senate, at the rate of $1,000 per annum. ator from 1\Iissouri? COMMISSION UNDER JAY TREATY. 1\Ir. BEVERIDGE. What is the request? Mr. LODGE submitted the following resolution, which, with The VICE-PRESIDENT. The request of the Senator from . the accompanying paper, was referred to the Committee on Massachusetts is that, owing to the illness of the Senator from Printing. Missouri [1\fr. WARNER], . that Senator be permitted to print the Resol'r:ed, That there be printed and bound, as a Senate document, residue of his speech in the RECORD. report of the proceedings and opinions of the Commission under the Mr. BACON. I beg that the Chair will again state the re­ se>enth a.rtide of the Jay treaty, with correspondence relating thereto, quest. I could not hear it distinctly. prepared by Jackson H. Ralston, the same to be suitably indexed. The VICE-PRESIDENT. The request is that the Senator JOSE T. SILVA. from 1\Iissouri, being ill, may be permitted to print the residue The VICE-PRESIDENT laid before the Senate the following of his speech in the RECORD, together with such additions and message from the President of the United States, which was extensions as he may desire. read, and, with the accompanying paper, referred to the Com­ 1\lr. BACON. I think that would be a very unfortunate mittee on Pacific Islands and Porto Rico and ordered to be precedent. I h~ve neyer known such a request to be made in printed: the Senate. We know that in the other House it is the com­ To the Senate and H ouse of R ep1·esentatlves: mon practice and the recognized practice, but I think it would In accordance with section 32 of an act of Congress entitled "An act be very unfortunate for us to set a precedent of that kind here temporarily to provide revenues and a civil government for Porto Rico, and for other purposes," approved April 12, HlOO, I transmit herewith to print speeches which are not delivered. I hope it will not be certified copies of a franchise granted by the executive council of done. Porto Rico to Jose T. Silva. I am perfectly willing that e>ery indulgence possible may be THEODORE ROOSEVELT. given to the Senator from Missouri, but if this be done once, THE WHITE HOUSE, Apt'it 29, 1.908. where will be the end of it? I know it is general1y supposed EUPLOYMENT OF CHILD LABOR. throughout the counh·y-I say ge::1erally-po sibly that is prob­ Mr. DAVIS. Mr. President, I desire to call up the resolution ably too broad a term, but it is thought by many that the prac­ which I introduced yesterday relating to Indian affairs and tice which obtains in one House obtains also in the other. But a sk its adoption, and upon the resolution I desire to be heard it has never obtained here. There is great liberality as to pub­ for a few moments. lishing without being read exhibits or papers which are used in 1\Ir. GALLI ~G ER. Will the Senator from Arkansas yield a speech. 'l'bey are allowed to be inserted in the RECORD; but that I may make a request, which will occupy but a moment? this is the first time I have heard during my limited term of Mr. DA. VIS. Certainly. service here a request made that a speech which has not been Mr. GALLINGER. Tlle bill (S. 4812) to regulate the employ­ delivered should be printed in the RECORD. ment of child labor in the District of Columbia, has been at the I would say this, 1\Ir. President: If it were n~'lr the close of head of the Calendar for a good many weeks and it has been the session and the Senator from Missouri had been pre\ented passed over to accommodate Senators. I think it is very im­ by illness from delivering his spee~h, that would be a provi­ portant that that bill should ha-ve consideration, and I ri e to dential matter wl;lich might be recognized as a sufficient ground ask unanimous consent that at 4 o'clock on Thursday, May 7, upon which to base exceptional action on the part of the Sen­ any amendments pending and to be offered on the bill shall be ate. But we ha\e no reason to doubt the fact, I presume, that voted upon without further debate. the Senator will have the opportunity before the session closes Mr. BEVERIDGE. Will the Senator put that request a lit­ to conclude his remar·ks. While I haYe e\ery disposition to con­ tle later? I am compelled to be out of the city on the 7th. cede everything which circumstances may demand, I do not

\ 1908. CONGRESS! ON AL RECORD-SEN ATE. 5401

think that the present circumstances do demand that we should Mr. FORAKER. If he should send word, I reserve the right make such a wide departure from the practice of the Senate to call up the matter again when we hear from him. and inaugurate a precedent which certainly would be followed Mr. GALLINGER. I am occupying the floor through the in the future in other instances. courtesy of the Senator from Arkansas, and I will take but one l\fr. LODGE. I am, of course, entirely aware of the rule of moment more in connection with the measure I brought to the the Senate against extending speeches in the RECORD. I think notice of the Senate. it is an extremely wise rule and I hope it will never be changed. 1\fr. BULKELEY. Mr. President-- In this particular case the Senator who has given the notice The VICE-PRESIDENT. Does the Senator from New Hamp­ that he would complete his speech to-day is ill. He may be shire yield to the Senator from Connecticut? se>eral days absent from the Senate and it may be some time 1\fr. GALLINGER. Certainly. longer before he will be able to complete the delivery of his Mr. BULKELEY. I have already given notice that on Thurs­ speech. He sent a message to me desiring to express to the day, if the Senator from Missouri shall have concluded his re­ Senate the hope that he might be permitted to print his speech marks, I would address the Senate on the pending matter iu n it stands, most of it having already been delivered. It con­ regard to the Brownsville affray. I have no desire to impose tains a large number of extracts from testimony which could on the Senator in consequence of the illness of which he com­ be perfectly well embodied and which permission is constantly plains and of which we who have listened to him for the last giyen. · few days are painfully aware. I ha ye no desire to infringe any rule, nor would he ha>e any I am not entirely familiar with the rule of the Senate in this such de ·ire. I am as strongly in favor of the practice and rule respect except as it has been explained by the Senator from of the Senate in this respect as anyone can be. I thought this Georgia, but I understand that it is not the custom to publish was an exceptional case in which this relief might be given to the remarks of a Senator that have not actually been delivered a Senator who was ill. in the Senate. However, in this case I should not object unless I certainly shall not insist on the request if there is any ob­ it is too great an innovation on the rules of this body. If that jection to it. I merely desired to say that the Senator from course should be adopted, I should like to be assured that there­ Missouri could not go on to-day and it is uncertain when he marks the Senator has already made and those that are con­ will be able to complete the deli>ery of his speech. tained in the balance of his speech will be published as quickly Mr. TELLER. l\Jr. President, I understand that if at any as possible in the RECORD, in order that I might carry out my time a Senator is unable to read a speech which he has pre­ plan of replying, if I can, to the suggestions made in his re­ pared, it ha been the custom here for some time, I know, that marks in regard to this matter. he may ask some Senator to read it for him. It may be read I ha\e no objection to the reading of the remainder of the J for him, but it must be either read by him or some one else speech by another Senator or by the Secretary, if the Senate before it goes into the UECORD. should see fit to concede that proposition. If it occupied a long ) Mr. LODGE. If the Senator from ~Ii souri desires to have time--possibly one or two days, as the Senator told me yester­ the remainder of his speech read to the Senate and to complete day would be consumed in the deli>ery of the balance of his it in that way, I am sure I should be very glad to assist him, remarks, with the progress he was making-it would necessi­ and I have no doubt others would be, in arranging it in that tate somewhat a change of the notice which I gave. I under­ manner and relieve him from the delivery of the remainder of stand the Senator from Arkansas has already announced that his speech. he will speak Friday on another measure, which would neces­ I thought it welJ, however, to make the statement at this sarily postpone the time that I desired to occupy to Monday time that he would not be here to-day to carry out the notice next. which appears on the Calendar, and which would leave the day 1\Ir. LODGE. If the Senator from Xew Hampshire will per­ clear, if the Senator from New Hampshire desires, as I hope mit me, the te.'\:t of the speech is at the house of the Senator he does, to take up the child-labor bill this morning, because I from Missouri. He has telephoned that he would be >ery much understand the agricultural appropriation bill will not be taken obliged if it would be read here and he desires to get it in the up until to-morrow. RECORD as soon as possible. I have therefore sent for it. It Mr. FORAKER. l\Jr. President-- will be some little time before it will be received, and as soon I The VICE-PRESIDE~T. Does the Senator from New Hamp­ as it can be read of course it will go into the RECORD. But I } ' shire yield to the Senator from Ohio? suppose it may then take some time. ·The Senator from Mis­ Mr. GALLINGER. Certainly. souri will wish to correct the proof no doubt. Mr. FORAKER. I hope, in some way in substance, the re­ 1\Ir. BULKELEY. In view of the statement made by the quest made by the Senator from Massachusetts may be granted. Senator from Massachusetts and also in view of the probability The situation is somewhat peculiar. The Senator from Missouri that it will take some time to read the remarks in the Senate has been here speaking, I believe, upon three different days. and then have them published in the RECORD, I should like to He was unable to complete his speech yesterday, as he hoped he withdraw the notice I ha\e given to speak on Thursday and might, and. was compelled to suspend with a notice that he make it Monday of next week. I ask the Senator from Massa­ would resume this morning. It is evident, and it has been evi­ chusetts if that gi>es ample time? dent, I think, to all his colleagues, that he has not been in good 1\fr. LODGE. Ample time. health, to say the least, and he has been speaking at a very EMPLOYMENT OF CHILD LABOR. great disadvantage. A speech with him, as it would be with any 1\Ir. GALLINGER. Now, l\Ir. President-- other Senator 1mder lik-e circumstances, weighs, no doubt, some­ 1\-lr. NELSON rose. what on his mind and interferes with the reco>ery of his Mr. GALLINGER. If the Senator will permit me, I should health. like to make a request. It would be a great relief to him, I understand, if he were per­ Mr. NELSON. I wish to make a suggestion in connection mitted to conclude his speech in some manner, and, I think, the with it. suggestion made by the Senator from Colorado is perhaps, one Mr. GALLINGER. Perhaps my request will cover the Sen­ that will relieve him, and either in that way or some other I ator's suggestion. hope that the request in substance at least may be granted. Ir. NELSO.J:~ . I suggest to the Senator that in his request There is this further reason. I am very anxious to have the he fix a time for taking up the bill for debate and then for a speech concluded, because until it is the case has not been fully vote. presented on that side, and there are some who want to speak Mr. GALLINGER. I was about to do that, Mr. President. on the other side of the proposition. The Senator from Con­ Concerning this bill-and I beg pardon of the Senator necticut [Mr. BULKELEY] has gi>en notice that he will address from Arkansas for keeping him from the floor a single mo­ the Senate. He wants to address the Senate in answer to that ment-it has been on the Calendar a long time and has speech and to the speech of the Senator from Idaho [1\Ir. been postponed at the suggestion of >arious Senators. The BoRAH], made a few days ago. We are near the close of the Senator from Minnesota desires to discuss it and the Senator session, and it is important to get through this discussion, if it from Indiana [Ur. BEvERIDGE] wishes to speak on it. I have is possible to conclude it, so that we may take action on these myself an amendment that I want to address myself to for a proposed measures. few minutes, and, as I presume, other Senators will wish to I understand the Senator from Massachusetts has sent word speak. to the Sen a tor from Mis ouri. Kow, Mr. President, I am going to make the request· that, by Mr. LODGE. I ha-.;-e sent word to the Senator from Missouri unanimous consent, the bill ( S. 4812) to regulate the employ­ that if he desires his speech can be read here, and I shall be ment of child labor in the District of Columbia be made the very happy to read it for him, as I have no doubt other Senators unfinished business, not to interfere with appropriation bills, would be equally glad to aid him in that respect. If he ex­ and that it be voted upon on 'Vednesday, May 6, at 4 o'clock presses a wish to have it done in that way, we can go on to-day p. m., the vote to be taken upon the amendments pending and to with it and conclude it. be offered and upon the bill at that time. I 5402 CONGRESS! ON AL RECORD-SEN ATE. APRIL' 29,

Mr. NELSON. It will continue as unfinished business from Chickasaw Indian blood on the citizenship rolls of said nations. now on? That act was construed by Judge Willis J. Van Devanter, the 1\Ir. GALLINGER. From now on, to be laid aside from time Assistant Attorney-General of the United States, who rendered to time, and to be discussed at times. an opinion under date of .March 17, 1899, construing and de­ The VICE-PRESIDENT. The Senator from New Hampshire fining said act for the guidance of the departmental officers, asks unanimous consent that the Senate proceed to the con­ which opinion in part is as follows: . sideration of Senate bill 4812, and that all amendments pending The act of 1898 made no provision for new applications for cltlzen­ and to be offered to the bill and the bill be voted upon at shlp. The Commission was authorized and directed to enroll the per­ 4 o'clock on Wednesday, May 6. sons indicated- 1\Ir. BACO . I have no objection to voting at the time indi­ That is, all persons of Indian blood- cated, but I think the safer practice is to agree that we will and to investigate the rights of all other persons whose nnmes were vote on that day. I have noticed frequently that when the found upon any tribal roll. hour was fixed there is always some injustice done to some l\Ir. President, to my utter amazement and surprise, having per on who wished to be heard. before the Committee on Indian Affairs the law clerk of the 1\fr. GALLINGER. Then I will ask that the bill be voted upon Indian Office, Mr. Ward, we found that this act of June 28, before adjournment on that day. That is entirely satisfactory. 18s· , had been totally disregarded in many respects, and that Let it be made the unfinished business by unanimous consent. more than 2,000 people had been denied enrollment because of 1\Ir. NELSON. I desire to say to the Senator from New the fact that they had not filed their applicationS', when the Hampshire that I shall not oppose his request. I am not op­ act of June 28, 1898, did not require an application. posed to the principle of the bill, I am simply in favor of hav­ More than that, 1\lr. President, on the 4th of March, 1907, ing it amended. I think it goes too far in some particulars. at midnight, the enrollment of these citizens terminated. At 1\Ir. GALLINGER. That is what I understand to be the midnight on March 4, as I understand the act, the right of en­ Senator's view. Let my request be stated, that the bill be rollment, the question of passing upon the enrollment, ceased. made the unfinished business and that it be \Oted on before We found from the testimony of Mr. Ward that Mr. Hitchcock, adjournment upon that day. within less than a week prior to March 4, 1907, passed upon 'l'he VICE-PRESIDENT. The Senator from New Hampshire 2,023 cases for enrollment. Papers involving thousands of asks unanimous consent that Senate bill 4 12 be made the pages of testimony were passed upon hurriedly by the Depart­ unfinished busines , and that all amendments pending and to ment, and these 2,023 cases were sti·icken from the rolls after be offered to it and the bill itself be voted on before adjourn­ the rolls had been completed by the Secretary of the Interior, ment upon Wednesday, May 6. involving the right of citizenship of more than 10,000 applicants. l\lr. BURROWS. Will not the Senator adhere to his original Mr. President, this resolution directs the Secretary of the request that it be voted upon at a given hour, at 4 o'clock? Interior to furnish to the Senate a reason for that action upon Mr. FRYE. No; objection was made to that. the part of the Secretary of the Interior. Can there be any 1\Ir. GALLINGER. Objection was made to it. harm in this, Senators? Can any wrong resnlt from it? Ought Mr. BURROWS. I think it would be better to have a fixed not the Senate to know the facts about this matter? hour. Otherwise the session may be prolonged into the night. l\Ir. President, the Indian is, and of right ought to be, the Mr. GALLI "'GER. Well, let it go. ward of the Government, and ought not his rights to be pro­ The VICE-PRESIDENT. Is there objection to the request tected in this question of allotment and in this question of re­ of the Senator from New Hampshire? moving restrictions from allotted lands? Mr. BACON. I could not heaT what was said on the other These 2,023 cases, involving the rights of more than 10,000 side. Is there a change in the request? Indians and their children, are now pending in court and before Mr. GALLINGER. There is no change from the suggestion the Department, applications to be placed upon these rolls. made by the Senator from Georgia. Their rights are involved in this controversy. The Senate has The VICE-PRESIDENT. Without objection, it is so ordered. a right to know just what their rights are, and I see no objec­ tion to the adoption of the resolution. LANDS OF THE CHOCTAWS ~D CHIC:IU.SAWS. .More than that. Mr. President, the act of June 28, 1898, made 1\Ir. DAVIS. Mr. President-- it a compulsory duty of this Commission to look up the tribal \ The VICE-PRESIDENT. The Chair lays before the Senate roll, not to wait until applications were filed, not to sit back in ' a resolution, which will be stated. their tents in the field upon their official dignity and ask the The SECRETARY. Senate resolution 167, by l\lr. DAVIS, direct­ Indians, who are unacquainted with our law and our customs \ ing the Secretary of the Interior to inform the Senate in re­ and our regulations, to file their applications, but the act of gard to the authority by which certain lands of the Choctaw June 28, 1898, required that this Commis ion go to the tribal and Chickasaw ti·ibes of Indians have been withdrawn from roll and enroll every Chickasaw and every Choctaw of Indian allotment in the State of Oklahoma. blood without question as to an application. Mr. DAVIS. .Mr. President, the resolution under considera­ This, Mr. President, I charge has not been done. I say. sir, tion is of the utmost importance in view of the fact, as Senators that these Indians, whether of the whole or the half blood, well know, that the Committee on Indian Affairs, of which I whether freedmen or of whatever mixture of blood they may have the honor to be a member, bas for more than a week had be, are entitled to the p1·otection of this Government in the under investigation the conduct of certain Department officers establishment of their just rights in this common Indian prop­ with reference to Indian affairs, and that investigation, to my erty. mind, has disclosed some startling facts. Somewhere. somehow, by some means this right has been That investigation, l\Ir. President, has not yet concluded, and denied to 10,000 or more Indians. They to-day are knocking I say in view of the fact that this resolution seeks certain at the door of the Committee on Indian Affairs asking to have information which may be of great benefit to the Committee on their rights passed upon by that committee and by this honor­ \ Indian Affairs in its investigation, I h·ust there will be no able body. objection to its adoption. Ah, 1\lr. President, I am met with the specious reply that at I do not intend, 1\Ir. President, to in any way reflect upon some time, at some place, the Indian shop ought to be closed; the Department of the Interior, but, to be entirely frank, I de­ that we ought to stop business in Indian affairs, shut up camp, sire to say that most of the resolution relates to matters not and let that end the matter. occurring during the term of the present incumbent, put of his That would be well, .1.\Ir. President, if it did not involve any predecessor. Therefore, I take it, sir, that there can be no right of Indian women and children, who are to be left help­ objection upon either side of the Chamber to the procuring of less, homeless, and destitute by such an order of procedure. the information which the resolution seeks. Mr. Pre~ident, I intend to take up but a very few moments It has been heralded by the press of Oklahoma, through that of the time of the Senate on this resolution. Not only that, sir, new State, that I am opposed to the bill taking off the restric­ but the Secretary of the Interior, 1\lr. Hitchcock, without war­ tion upon the allotted lands. Here and now I desire to say rant of law, without the slightest shadow of legal authority, as that this report is absolutely false and that I am not opposed was determined by the select committee appointed for that pur­ to a bill relieving the allotted land from the restrictions, if pose, of which the distinguished senior Senator from Colorado that bill be properly drawn, safeguarding and protecting the [:Mr. TELLER] was a member-Secretary Hitchcock, I say, with­ rights of the Indians, who are the wards of the Government. out the slightest shadow of authority, arbitrarily and summarily As I said, the investigation which has proceeded before the withdrew from allotment 1,373,000 acres of the most choice Committee on Indian Affairs for the last week has disclosed land belonging to the Choctaw and Chickasaw tribes. some startling facts. Ah, sir, when called before that committee, as has been re­ 1\lr. President, the act of June 28, 1898, directed the Secre­ ported to me by one of the Senators composing that committee, tary of the Interior to enroll all persons of Choctaw and Mr. Hitchcock could give no reason· except that he thought it \ - } 1908. CONGRESS!O N AL RECORD-SENATE . 5403

was best to do that, that he was bigger than Congress itself, and as black as midnight with that race of people to hear the dis­ that he declined to restore that land for the purpose of allot­ tinguished Senator speak. Now, I appeal to the Senator from ment. Ohio, if he really bas such great love for the "nigger," I l\fr. President, this resolution calls upon the present Secretary appeal to the Senator to give him his rights under the en­ of the Interior to know whether or not he proposes to follow tile rollment act of the Indian Territory. [Laughter.] precedent established by Secretary Hitchcock. There is to-day 1\Ir. FORAKER. 1\fr. President, if the Senator wants to ad­ unallotted in the Choctaw and Chickasaw nations 2,982,000 dress himself to me, if he would speak a little bit louder I acres of the common lands of said Choctaws and Chickasaws, could hear him better. [Laughter.] inclusi\e of the 1,373,000 acres which have been withdrawn by Mr. DAVIS. I have been informed that the Senator's hear­ Secretary Hitchcock for the purpose of creating a forest reserve ing was somewhat impaired on this question, and that is why and a game preserre. I speak so loud in this behalf. . Mr. President, this land was given to the Indians as a herit­ Mr. President, I say that is not fair; it is not right. This age. When we first discoyered this great country of ours the Senate ought to ha...-e the information that is called for by this red man was its master, the red man was its king. For genera­ resolution. In this connection, Mr. President, I desire to submit tions we ha \e moved him back and back and back toward the as a part of my remarks, to be printed in the Record, the testi­ setting sun, until to-day he finds himself with barely 40 acres mony of l\Ir. George A. Ward, law clerk of the Indian Office, of land carved from this \ast possession if he be of mixed blood, before the Committee on Indian .Affairs. and 320 acres of land if he be of the whole blood, for a home­ The VICE-PRESIDENT. Without objection, permission to stead. do so is granted. I say, 1\:Ir. President, that there is a question of sentimentality Mr. DAVIS. 1\fr. President, I arri deeply interested in this that clings around this subject that can not be ignored by Sen­ resolution. It is not a party question. There is no politics ators. The spirit of commercialism may be invoked, and it may in it. It is just a question as to whether or not this Govern­ be uTged that this country ought to be opened to white settlers. ment, charged with the solemn duty, charged with the solemn I say that the right of the Indian, the ward of the Government, obligation to take care of these helpless, defenseless, and igno­ should be protected in the consideration of these measures. rant people, will permit their rights to be taken from them by Mr. President, I want to 1-."Tiow of the Secretary of the Inte­ means of legislation, the object and purpose of which, to my rim·-and I apprehend that every Senator on this floor '\\ants mind and to my understanding, is attempted to be concealed and to know-if he pUI'poses continuing the policies of 1\fr. Hitch­ co\ered by the language of the bill, removing restrictions from cock with reference to the 1,373,000 acres of land withdrawn their allotted lands. from the Indian allotments for the purpose of establishing this Mr. President, haYing said thus much in support of this reso­ game presene and this forest reserve. Not only that, Mr. Presi­ lution, I submit it without further discussion, tTusting that no I dent, but this is followed by the recommendation of the present Senator will seriously oppose its adoption. Secretary of the Interior as to the 1,373,000 acres of land, that 1\Ir. McCUMBER obtained the floor. he be permitted to negotiate with the State of Oklahoma to sell Mr. CLAPP. Mr. President-- I this land to the State of Oklahoma for a forest resene and a The VICE-PRESIDENT. Does the Senator from North Da­ game presene. Mark you, gentlemen, there are but 2,982,000 kota yield to the Senator from Minnesota? acres of the unallotted land of the Choctaw and Chickasaw na­ Ur. McCUMBER. I was going to say to the Senator from tions. Mark you, 1,373,000 acres have been withdrawn fTom al­ Minnesota that this question will cause considerable discussion lotment for this game and forest preserve. Now, deduct that on both sides, and I was about to ask unanimous consent to from the 2,082,000 acres of land and you ha...-e but a small por­ proceed to the consideration of certain bills on the Calendar, tion of land left to be allotted to these Indians of the whole, the this being the hour to consider those bills. half, and the mixed blood, who, I contend, have been unjustly Mr. CLAPP. I will only take a moment, and my sugges­ and improperly kept from these rolls, and who are now contest­ tions will not lead to any debate, I can assure the Senator from ing their rights in the courts of the counh·y. North Dakota. Why, Mr. President, not only that, but the Secretary of the .Mr. McCUMBER. I will yield for that purpose, Mr. Pr'esi­ Interior inspired a bill, which was reported favorably from the dent, so that I may hold the floor until the Senator has con­ Committee on Indian Affairs by the distinguished Senator from cluded his remarks. / Oklahoma [Mr. OwEN] on yesterday, and in that bill is the Mr. CLAPP. 1\Ir. President, of course until the bill which merciless provision that the rolls shall be conclusiYe e...-idence was reported yesterday by the Senator from Oklahoma [:Mr. of the degree of blood, age, and so forth, of the allottee. That OwEN] is up for consideration, I would withhold any argu­ section, Mr. President, upon its face looks innocent and not ment bearing on the merits of that bil~ nor do I at this time harmful of the rights of the Indian, and one so wholly unac­ care to enter into an analysis of the criticisms of the Interior quainted with Indian affairs or with the laws regulating their Department, which I shall take up at the proper time. Tllis allotments as myself, would scarcely detect any injustice in question is now pending before the Committee on Indian Af­ that provision; but, Mr. President, upon investigation, I find fairs, and I see no objection whatever, 1\fr. President, if the that that provisibn "that the rolls shall be conclusive eYidence preamble to this resolution is stricken out, to the adoption of of the degree of blood " is aimed at this condition : If an In­ the resolution, excepting-- dian is mixed with "nigger," under the law he gets a home­ Mr. DAVIS. I suggest that the Senator from Minnesota is stead of only 40 acres. If he is not mixed with "nigger," out of order and that I am entitled to a vote on this resolution, he gets an allotment of 320 acres as a homestead. This bill unless something else-- proposes to make the rolls conclusive evidence as to the degree Mr. CLAPP. I thought the Senator from Arkansas was of blood. In other words, Mr. President, it proposes to make -speaking on the bill reported by the Senator from Oklahoma the action of that citizenship court of the Indian Territory [1\Ir. OwEN]. I understood the Senator from .Arkansas to refer and the work of the men who enrolled those ignorant Indians to that bilL final and conclusiye of the degree of blood, thereby determining 1\Ir. D.A. VIS. No, sir; I simply offered an amendment before their homestead rights. taking my seat, which was not at all pertinent or germane to 1\Ir. President, I have before me to-day the report of the the discussion in which the Senator indulged. select committee to examine into these matters. On page 1521 Mr. CLAPP. Was I mistaken when I thought I heard the of that report I find that in one family of the Chickasaw Senator from Arkansas Griticise the propositions of the bill Nation-the McGee family-there are ten children-Dora, An­ which was reported yesterday? nie, Florence, Mattie, John, Allison, Wade, Ruby, Oliver, and Mr. DAVIS. Only in so far as this information is sought to Elsie. All of these children were born of the same parents­ correct it. the same father and the same mother. I find that nine of 1\Ir. CL..U>P. What I was saying was that I saw no objection these children were enrolled as " nigger " Indians and the other to the adoption of -the resolution if the preamble were stricken one was enrolled as an Indian of the blood. Under this re­ out. I really think the Senator ought to go O\er the resolution markable provision of the bill proposed by the Secretary of and so modify it as to frame its requests in such language as it the Interior, the Indian child of the McGee family, who is will be proper for us to adopt. That, howe-..er, I leave entirelv enrolled as an Indian, gets 320 acres of land as a homestead to him. If be consents to the striking out of the preamble, i: and the nine other children, full brothers and sisters, of the am willing that the resolution shall be adopted. McGee family, enrolled as "nigger" Indians, get but 40 acres Mr. D.A. VI S. I desire to have the resolution passed as pre­ of 1and as a homestead. sented. Gentlemen, is this fair? Is this right? A great deal of 'l'he VICE-PRESIDENT. The question is .on agreeing to the solicitude has been expressed during this session by the dis­ resolution. tinguished Senator from Ohio [:Mr. FoRAKER] as to the "nig­ 1\Ir. STO~"'E . Mr. President, I do not care to make a speech, ger" race. I have seen these galleries packed until they were but I simply want to make a suggestion to the Senator from ! I I 5404 CONGRESSIONAL RECORD-SENATE. APRIL 29,

Minnesota in regard to the resolution. If you strike out the The Secretary of the Interior in this instance set aside the preamble, whatever objection or criticism may be made of it, statute that required him to allot this land. Allotments had then the resolution ought to be reframed. For instance, the of course, already been taken in this neighborhood. Thereupo~ resolution reads: he ordered that no more allotments of those lands should be Resolved, That the Secretary of the Interior be, and is hereby, di­ made, and. he withdrew the land for the pm·pose of makin~ a rected to inform tbe Senate without delay- fure~~~~ b First. By what authority or pretended authority of law said lands were withdrawn from allotment. One of the refl:sons giyen why the forest reserve ought to bo ~ade _was that 1t would be a delightful place for people who There are no words identifying the land except in the pre­ hYed ill the South to come up there and spend their summers amble. and that it would be a delightful game presene. The United Mr. CLAPP. I made the suggestion that the resolution ought States was _supposed to go into the game business, even as they to be reurafted. ha Ye gone mto almost eYery other kind of business in the last fr. CUUTIS. I moYe that the resolution be referred to the few years. This was. done after that country had been by an Committee on Indian Affairs. act of Con~ress practically created into a State, waiting only The VICE-PRESIDENT. The Senator from Kansas moves for the actiOn of the people to see whether they were willing that the resolution be referred to the Committee on Indian Af­ to accept statehood under the conditions we had provided. fairs. The committee of which I was a member and of which the 1\fr. TELLER. Mr. President, I want to say a word or two chairman of the Committee on the Judiciary [Mr. CLARK of about the resolution. '~yoming] was the chairman called the Secretary of the Inte­ 1\lr. 1\IcCUMBER. I yielded to the Senator from Minnesota riOr before us. We inquired why he had attempted, in the [Mr. CLAPP] for the purpose of making a statement, and I still first place, to suspend the law of allotments, and, in the second ha.ye the floor. place, b! what authority he had taken the private property of Mr. TELLER. I deny that the Senator has the floor. the Indmns and attempted to put it into a forest reserve? Tic Mr. McCUMBER. The Senator is mistaken. said he had been requested so to do by the Department of ·Agri­ Mr. TELLER. He yielded the floor. culture, and therefore he had done so. 'l.'he committee dis­ ~lr. McCUMBER. I yielded the floor for a moment at the cussed the matter with him, and the chairman said, in the pre - request of the Senator from Minnesota for the purpose of his ence of several per ons, that he did not think that the Secre­ making a statement and for that only, and so stated when I tary had the right to do that, and he thought he should revoke yielded. Mr. TELLER. Mr. President, according to the precedents of the order at once. The Secretary said he would decline to uo the Senate, when the Senator sat down he had yielded the floor. that. He Eaid it was "up to Congress now to determine." \ At all events, I think he ought to give us a chance to dispose of Then I submitted a question. I said, ":Mr. Secretary, suppose 9ongr~ss does nothing, :vhat are you going to do?" lle said, this resolution. I think I shall go on ill the same way I am going." That is Mr. McCUMBER. I hR\e never heard, Mr. President, that to say, he would create a forest reserve. I do not refer to the particular posture which a Senator assumed indicated the present Secretary of the Interior, 1\Ir. President, but the ex­ whether he yielded or not. \ Secretary. Mr. TELLER. I do not want to take the time of the Senate. The land is worth in the market $5 an acre, I yenture to say. I merely desire to say a few words. I think this is a very ex­ In the first place,. they started out to make a great game pre­ tensiye resolution; but I think it ought to pass in some shape, serve by a party ill the Southwest buying this land. That met and I want to just say a word or two about the suggestion the approYal of the Secretary of the Interior at that time which has been made. There was difficulty discovered in that, however, and then it 1\fr. CURTIS. May I interrupt the Senator? was thought that the only way to do it was the way they have Mr. TELLER. Yes. Mr. CURTIS. I agree with the Senator that the informa­ done, by providing a for st reseiTe. tion asked for should be furnished the Senate, but I object to the l\lr. President, I understand that that land is withdrawn preamble of the resolution. We hnxe no right to agree to a from allotment to-day, and that no man can locate there, no preamble of that kind. The resolution ought to be worded by matter how much he wants it nor what his right may be to it, b~cause it the Senator from Arkansas or by the Committee on Indian Af. the Department says does not fall within the provi­ \ fairs in such a way as to secure the information desired, anu siOn of the statute. I regard it as the grossest usurpation of the infa.rmation should be furnished the Senate; but we should power that has ever occurred in this country, and I think the not adopt a re olution with a preamble condemning the Secre­ Senator from Arkansas [Mr. DAns] has done a service to the tary of the Interior for doing many things that we do not country in calling for the information. I agree with the Sen­ know whether he did or did not do and charging him with ator from ~ansas [1\Ir. CuRTIS] that it would be a proper thing doing a number of things unlawfully. to refer th!s resolution to the committee, and for the committee Mr. TELLER. I do not know what the preamble is. It was to report. JU~t what ought to be done; but I think the Senate read, of course, hurriedly, and I do not pretend to say whether ought to illdlcate to the committee that they do not mean to let or not it is in proper shape. this resolution be smothered. Mr. CURTIS. Let me read the first paragraph. l\1r. CLAPP. Mr. Pre ident-- Mr. TELLER. No; I am not going to insist upon the pre­ 1\fr. TELLER. I do not mean to say that the committee amble, so it is not a matter of consequence. would s~other it, but I think we owe it to these people to say But, Mr. President, there ought to be an inYestigation or some that we mtend to look after their interests. inquiry into this condition down there. Let me state it in a 1\Ir. CLAPP. Mr. President-- very few words. All that lund held in the Indian country was . The VICE-PRESIDE1.,.'1' . Does the Senator from Colorado held by a patent from the United States. It was to be held in y1eld to the Senator from Minnesota? \ trust for the members of the tribes. I will not go into any l\fr. TELLER. I yield to the Senator. extended discussion as to how they got their title, except that Mr. ~LA.P~. ! simply want to say that this very matter is the courts haYe held that they have an absolute fee-simple under mvestigatwn at the request of the Senator from Arkan­ title, and that is enough. sas. The Secretary of the Interior and other witnesses will Some two years ago the Secretary of the Interior set apart appear before the committee to-morrow. The matter will be a million and more acres of this ground for the purpose of a proceeded with at the same time but I haYe no objection at all forest resene. He had as much right to take my land in the to the adoption o:f this resolution at this time or its reference State of Colorado and to make a forest reserve as he had to to the committee. take this lund from the Indians who were to share in its dis­ Mr. DAVIS. 1\Ir. President-- tribution. The VICE-PRESIDENT. Does the Senator from Colorado In the first place, I should say we had a general statute touch­ yield to the Senator from Arkansas? ing all of this land. It was all to be allotted, or whatever was l\1r. TELLER. I yield to the Senator from Arkansas. not necessary for the allotment was to be reserved and dis­ 1\Ir. DAVIS. I should like to ask the Senator from Minne­ posed of for the benefit of the Indians under the ln. w. This land sota a question. I want to ask the Senator from l\1inne ota was appraised at 70 cents an acre, not because that was the if I _did not on yesterday plead with the Committee on Indian real value of it, but its relative value, compared with other Affau·s to withhold the reporting of the bill removing restric­ land, farm lands being sold at $3 an acre, and so on. The dis­ tions upon allotted lands until we could complete this investi"'a­ tribution of this land ought to be equitable. If a mn.n should t~on and get the information sought to be had by this resolu­ take land in the mountain country, he would only be charged tion? at the rate of 70 cents an acre, and if he took some of the .1\lr. CLAPP. Mr. President, after the committee, with the other he would have to pay at the rate of $3 an acre, or at a1d of the Senator from Arkansas-- least the proportion would be in that direction. Mr. DAVIS. Will the Senator please answer the question?

t\ "1908. CONGRESSIONAL RECORD-SENATE. 5405

Ur. CLAPP. I run answering the question-had gone O"Ver I haye it here. In that form it is not objectionable, and it that bill and put in language wherever it could be conceived to meets the suggestion of the Senator from ~Iissouri. It presents be necessary to safeguard against the foreclosing of any right the facts to the Secretary of th Iu-~rior so that his answer of those who had not received allotments, the committee did re­ may be definite and intelllgeat with :reierence to the facts de­ fu e to accept his offer this morning as to an amendment to that siTed to be inquired about. bill. 1\fr. CLAPP. l\fr. President. it seemil to me that the preamble Mr. DAVIS. It wa.s not a question of the amendment, Mr. is too long a recital for us to attempt to ~djust in that way. P1·e idcnt. I desire to ask this question and have it answered My proposition is that the Senator from Arkansas take the by the Senator from Minnesota, if he will be kind enough to do resolution, eliminate the pre.:'lmble, adjust the resolution, bring so: Did I not insist that the committee withhold the reporting it in here-it can be done in half an hour's time--and adopt it of the bill remoTing restrictions until we could get this very in­ by unanimous consent, which will expedite action upon it more formation for which this resolution asks? rapiclly than could be done in any other way. Mr. CLAPP. lost certainly the Senator did. Mr. TELLER. l\Ir. President, I should like to say a word .Mr. CURTIS. Mr. President-- about this preamble. It is God·s truth. There is no question The VICE-PRESIDENT. Does the Senator from Colorado about that. It may not be courteous, perhaps, to put it in its yield to the Senator from Kansas? present form, but it is absolutely true. Will any Senator here l\Ir. TELLEU. I yield to the Senator from Kansas. say, MT. President, that the Secretary of the Interior could Ur. CURTIS. I understood the Senat-or from Minnesota to ignore a statute of the United States that is put around him, say he had no objection to passing this resolution. I tmf the Interior had "unlawfully" it to the Committee on Indian Affairs. done so and so, and then asks, in view of those facts, certain Mr. DAVIS. I had no. pm·pose myself in introducing the questions. For instance, the first whereas is : resolution to be disrespectful to the Secretary of the Interior, Whereas se>eral thousand persons of Choctaw or Chickasaw Indian but I certainly am glad that the distinguished Senator from blood and descent ha>e been unlawfully denied allotments of land. Colorado [}\Ir. TELLER], a man full of ye.:'lrs, whose e-very word I ha..-e stricken out the word "unlawfully." There is no is full of truth, hu.s spoken on this subject. I do not care any­ question but what they ha\e been denied allotment. So down thing about th-e language of the resolution. Therefore, with to tile fourth wherea , which reads: the permission of the Senate, I accept the suggestion of the Whereas the Secretary of the Interior has without authority of law Senat01· from Minnesota and ask that the resolution be tem­ arbitrarily- porarily withdrawn, in ord€r that it may be modified, to be ! haTe strieken out the words "witllout authority of law submitted in a real short time. arbitrarily," so as to read : .Mr. CURTIS. I have no objection to will:ldrawrng the reso­ Whereas the Secretary of the Interior has withdrawn from allot­ lution, so far as I am concerned. ment approximately 1,373,000 acres of land- The VICE-PRESIDENT. Without objection, permission is And so on down through the entire paragraph. granted. ( l 5406 CONGRESS! ON AL RECORD-SENATE. APRIL 29,

PENSION LEGISLATION, Alfred W. Gilkinson, late of Company A, Forty-seventh Regi. 1\Ir. McCUMBER.. I ask unanimous consent that the Senate ment Illinois Volunteer Infanh·y, and pay him a pension of $24. proceed to the consideration of pension bills on the Calendar. James K. Brewer, late of Company B, Second Regiment Penn­ The VICE-PRESIDENT. The Senator from North Dakota sylvania Volunteer Heavy Artillery, and pay him a pension of asks unanimous consent that the Senate proceed to the con­ $30. sideration of pension bills on the Calendar. Is there objection? Samuel V. List, late of Company A, Fourth Regiment Indiana The Chair hears none, and it is so ordered. Volunteer Ca"Valry, and pny him a pension of $24. The bill (H. R. 18930) granting pensions and increase of William C. Beebe, late of Company D, First Regiment Con­ pensions to certain soldiers and sailors of the civil war and necticut Volunteer Heavy Artillery, and pay him a pension of certain widows and dependent relatives of such soldiers and $30. sailors was announced as the first business in order under the Sumner L. Warner, late of Company B, Twentieth Regiment unanimous-consGnt agreement, and the Senate, as in Committee Maine Volunteer Infantry, and pay him a pension of $30. of the Whole, proceeded to its consideration. Thomas Burton, jr., late of Company E, Eighty-se'Venth Regi­ The bill had been r eported from the Committee on Pensions ment Illinois Volunteer Infantry, and pay him a pension of $30. with amendments. Sarah l1. Procter, widow of George \V. Procter, late of Com­ The first amendment of the Committee on Pensions was, on pany E, Thirtieth Regiment Wisconsin Volunteer Infantry, and page 3, line 19, before the word " dollars," to strike out pay her a pension of $16. "twenty-five" and insert "seventeen," so as to make the clause Elisha Johnson, late of Company B, Twenty-first Regiment read: New York Volunteer Cavalry, and pay him a pension of $30. The name of Carrie L. Poole, widow of Theodore L. Poole, late first Oliver Bruch, late of Company C, Eleventh Regiment New Jer­ lieutenant Company H, One hundred and twenty-second Regiment sey Volunteer Infantry, and pay him a pension of $24. New York Volunteer Infantry, and pay.her a pension a t the rate of $17 Lyman 1\I. Aldrich, late of Company I, Second Regiment New per month in lieu of that she is now receiving and $2 per month addi­ tional on account of a minor child of the soldier until such child shall Hampshire Volunteer Infantry, and pay him a pension of $30. arrive at the age of 16 years. John T. Hutchins, late of Company E, Twenty-fourth Regi­ Mr. McCUMBER. I ask that the committee amendment be ment Veteran Reserve Corps, and pay him a pension of $24. disagreed to. William Stevens, late of Company D, Eleventh Regiment New The amendment was rejected. Hampshire Volunteer Infantry, and pay him a pension of $40. The next amendment was, on page 15, line 17, before the May de Forest Young, helpless and dependent child of Harri­ word "dollars," to sh·ike out "fifteen" and insert "twelve," son de Forest Young, late captain Company A, Second Regi­ so as to make the cia use read : ment New Hampshire Volunteer Infantry, and pay her a pen­ The name of Henry Hammond, late of Company E, First Regiment sion of $12. Delaware Volunteer Infantry, and pay him a pension at the rate of $12 Anna Shaw, widow of William Shaw, late of Company E, per month in lieu of that he is now receiving. Twenty-second Regiment Illinois Volunteer Infantry, and pay The amendment was agreed to. her a pension of $20. I The nex.t amendment was, on page 19, line 16, after the words . Alice C. Risley, widow of Samuel A. Risley, late of Company \ "rate of," to sh·ike out "twenty-four" and insert "twenty," C, One hundred and seventeenth Regiment Illinois Volunteer so as to read : Infantry, and Signal Corps, United States Army, and pay her The name of America H. Adams, widow of William G. Adams, late a pension of $20. of Company G, Si1..'th Regiment Indiana Volunteer Cavalry, and pay Thomas B. Fogle, late of Company D, Thirty-fourth Regiment her a pension at the rate of $20 per month in lieu of that she is now receiving. Iowa Volunteer Infantry, and pay him a pension of $30. The amendment was agreed to. Caroline Lankford, widow of Robert Lankford, late of Com­ The next amendment was, on page 20, line 11, before the word pany G, Tenth Regiment Michigan Volunteer Cavalry, and pay "dollars," to strike out "twenty-four" and insert "twenty," her a pension of $12. so as to make the clause read: John Byrns, late of Company H, One hundred and tWenty­ The name of Frances Crain, widow of Seburn S. Crain.J late of Com­ ninth Regiment Illinois Volunteer Infantry, and pay him a pen­ pany G, One hundred and twenty-eighth Regiment, ana Company C, sion of $24. Ninth Regiment Illinois Volunteer Infantry, and pay her a pension at Christopher Urich, late of Company G, One hundred and thir­ the rate of $20 per month in lieu of that she is now receiving. teenth Regiment Illinois Volunteer Infantry, and pay him a The amendment was agreed to. pension of $24. The next amendment was, on page ·21, after line 15, to strike Freeland Young, late of Company F, Twenty-third Regiment out: Maine Volunteer Infantry, and Seventh Battery, Maine Volun­ The name of N. Martin Curtis, late captain Company G, Sixteenth teer Light Artillery, and pay him a pension of $24. Regiment, and colonel One hundred and forty-second Regiment, New York Volunteer Infantry, and brigadier-general, United States Volun­ Gudson Revis, late of Company B, Second Regiment North teers, and pay h im a pension at the rate of $100 per month in lieu of Carolina Volunteer Mounted Infantry, and pay him a pension that he is now receiving. of $24. 'l'he amendment was agreed to. .Alice A. Johnson, widow of William M. Johnson, late of Com­ The next amendment was, on page 24, after line 24, to strike pany F, Sixth Regiment Missouri State Militia Cavalry, and out: Company A, Thirteenth Regiment Missouri Volunteer Cavalry, The name of Catherine Boykin, widow of Jabez Boykin, late of Com­ and pay her a pension of $12 per month and $2 per month addi­ pany G, One hundred and twenty-eighth Regiment United States Col­ ored Volunteer Infantry, and pay her a pension at the rate of $12 per tional on account of each of the minor children of said William month. 1\I. Johnson until they reach the age of 16 years. The amendment was agreed to. Samuel H. Slaught, late of Company A, One hundred and \ The next amendment was, on page 26, line 12, before the word forty-first Regiment New York Volunteer Infantry, and pay him " dollars," to strike out " twelve" and insert " eight," so as to a pension of $30. \ Eurith Knight, widow of Frederick Knight, late second lieu­ make the clause read : tenant Company E, One hundred and twenty-seventh Regiment The name of Lizzie Duncan, widow of Robert Duncan, late of Com­ pany H, Eleventh Regiment United States Colored Volunteer Infantry, Illinois Volunteer Infantry, and pay her a pension of $15. and pay her a pension at the rate of $8 per month. Henry R. Stevens, late major Sixtieth Regiment Ohio Volun­ The amendment was agreed to. teer Infantry, and pay him a pension of $30. The bill was reported to the Senate as amended, and the William· E. Burnes, late of Company H, Ninety-second Regi· amendments were concurred in. ment Ohio Volunteer Infantry, and pay him a pension of $30. The amendments were ordered to be engrossed and the bill David A. Stewart, late of Company A, Seventy-sixth llegi­ to be read a third time. ·ment Illinois Volunteer Infantry, and pay him a pension of $30. The bill was re.:'ld the third time and passed. Joseph G Shank, late of Company A, Thirteenth Regiment The bill (S. G5G9) granting pensions .and increase of pensions Ohio Volunteer Infantry, and pay him a pension of $30. to certain soldiers and sailors of the civil war and certain John W. Childers, late of Company A, Fifth Regiment Illinois widows and helpless and dependent relatives of such soldiers Volunteer Cavah·y, and pay him a pension of $30. and sailors was considered as in Committee of the Whole. It Hugh R. Schoonover, late of Company I, Fourth Regiment proposes to place on the pension roll the names of- Provisional Enrolled M-issouri Militia, and pay him a pension Daniel J. Fox, late of Company B, Eleventh Regiment Maine of $24. Volunteer Infantry, and pay him a pension of $24. John P. Martin, late of Company C, Thirteenth Regiment Sue Webb Cooke, widow of Robert H. Cooke, late acting Iowa Vollmteer Infantry, and pay him a pension of $24. '­ assistant surgeon, United States Army, and pay her a pension James McLaughlin, late of Company B, Third Regiment New of $12. York Volunteer Light Artillery, and pay him a pension of t,24 f ) \ ! 1908. CONGRESS! ON AL RECORD-SENATE. 5407

John W. Kidd, late of Company G, Thirty-third Regiment William Mitchell, late of Company F, One hundred and Ohio Volunteer Infanh-y, and pay him a pension of $24. twenty-third Regiment Ohio Volunteer Infantry, and pay him a Oscar E\ Miller, late of Company C, Eighth Regiment Kansas pension of $36. Volunteer Infantry, and pay him a pension of $36. Hem-y W. Howe, late of Company A, Eleventh Regiment Indi­ William A. Wallace, late of Company C, Nineteenth Regiment ana Volunteer Infantry, and pay him a pension of .;30. Iowa Volunteer Infantry, and pay him a pension of $30. Harriet E. Noble, widow of Henry B. Noble, late captain John Trezise, late of Company F, Twenty-first Regiment Eighth Regiment United States Infantry, and pay her a pension PenllSylvania Volunteer Cavalry, and pay him a pension of $24. of $30. Thomas Keys, late of Independent Company, attached to George H. Pettis, late first lieutenant and adjutant First Ninety-seventh Regiment Pennsylrania Volunteer Infantry, and ~egiment New Mexico Volunteer Infantry, and pay him a pen­ pay him a pension of $30. siOn of $30. Asa Wren, late of Company I, Thirty-ninth Regiment Dlinois Seymour Camp, late of Company D, One hundred and thirty­ Volunteer Infantry, and pay him a pension of $30. · sixth Regiment New York Volunteer Infantry, and pay him a Rhoda Bissell Thomas, widow of Charles W. Thomas, late pension of $30. first lieutenant Captain Vaughn's independent battery, Illinois James Go;man, late of U. S. S. Olzio, Brooklyn, and Fort Volunteer Light Artillery, and pay her a pension of $40. Jackson, Uruted States Kavy, and pay him a pension of $24. Johnson Hinton, late of Company G, Sixty-ninth Regiment Rolando S. FuJler, late of Company G, Second Regiment Xcw New York State Militia Infantry, and pay him a pension of $20. York Volunteer Cavalry, and pay him a pension of $24. John Rodgers, late of Company A, Forty-ninth Regiment Alexander Burleigh, late of Company B, Sixth Regiment Massachusetts Volunteer Infantry, and pay him a pension Maryland Volunteer Infantry, and pay him a pension of $EO. of $30. Anna A. Foster, widow of Charles W. Foster, late major and Gustaf Alstrand, late of Company H, First Regiment Illinois quartermaster, United States Army, and pay her a pensio:"l Volunteer Light Artillery, and pay him a pension of $30. of $30. Lucy E. Suzer, widow of Gilbert Suzer, late of Company C, . Grace F. Jacobs, widow of J. W. Jacobs, late colonel and as­ First Regiment Michigan Veteran Yolunteer Infantry, and pay Sistant. quartermaster-general, United States Army, and pay her her a pension of $12. a pensiOn of $40. William H. Isenberg, late of Company I, One hundred and Ja.sper Taylor, late of Company E, Eighteenth Regiment Wis­ eleventh Regiment Illinois Volunteer Infantry, and pay him a co~sm yolunteer Infantry, and Company C, First Regiment pension of $24. W1~o~sm VolUJ?-t~r Cavalry, and pay him a pension of $30. I Perry Harter, late of Company_ G, Twenty-sixth Regiment Wilham F. Willis, late of Company K, First Regiment Eastern Indiana Volunteer Infanh-y, and pay him a pension of $24. Shore Maryland Volunteer Infantry, and pay him a pension Catherine Greelish, widow of John Greelish, late captain of $36. Company E, Eighth Regiment Kansas Volunteer Infanh-y, and Ella Richmond Shaw, helpless and depenC..ent daughter of Company F, Fifteenth Regiment Veteran Reserve Corps, and George R. Shaw, late of Company F, Twelfth Regiment Rhode pay her a pension of $20. Isla~d .Volunteer Infantry, and pay her a pension of $12. Reuben A. Ketchum, late of Battery K, First Regiment Illi­ W1llmm Tremper, late of Company G, Eighth Regiment Vet­ nois Volunteer Light Artillery, and pay him a pension of $24. eran Reserre Corps, and pay hin1 a pension of $24. William L. West, late of Company C, 'Ihird Regiment North Henrietta S. Kimball, widow of Abner D. Kimball late of Carolina Volunteer Mounted Infantry, and pay him a pension Company I, Ninety-ninth Regiment Indiana Volunteer infantry ! of $24. and pay her a pension of $12. ' Ormond D. Kimball, late of Company C, First Regiment New Abraham J. Buckles, late second lieutenant Company E Hampshire Volunteer Heavy Artillery, and pay him a pension Twe~tieth Regiment Indiana Volunteer Infantry, and pay him~ of $30. l1ellSion of $55. James n. Moses, late of Company G, Eleventh Regiment, and 'Yatson R. Gribbin, late of Company E, Thirteenth Regiment Company D, Tenth Regiment, West Virginia Volunteer Infantry, 1\Iame Volunteer Infantry, and pay him a pension of $30. and pay him a pension of $30. Cornelia Foster, widow of Uriah Foster, late of Company E William C. Brooks, late captain Company K, Twelfth Regi­ Thirty:six:th Regiment Illinois Volunteer Infantry, and pay he; ment Maine Volunteer Infantry, and pay him a pension of $30. a penswn of $16. Tyra Montgomery, late first lieutenant Company K, Seventy­ Fred Reed, late of Company B, Twelfth Regiment New York ninth Regiment Indiana Volunteer Infantry, and pay him a Volunteer Cavalry, and pay him a pension of $30. pension of $12. Ir.a W. Wh~ler, alias Charles Smith, late of Troop L, Sixth Edwin J. Barber, late second lieutenant Se\enteenth Inde­ Regiment Umted States Ca-valry, and pay him a pension of pendent Battery, New York Volunteer Light Artillery, and pay $24. him a pension of $30. Tabitha Evaline Dumond, widow of David R. Dumond late Esward C. Emerson, late of Company C, Eleventh Regiment of Company E, Nineteenth Regiment, and Company E Tw~tieth New Hampshire Volunteer Infantry, and pay him a pension of Regiment, Indiana Volunteer Infantry, and pay he; a pension of $16. $30. Elisha W. Cross, late of Company C, First Rhode Island Hannah T. 1\Iaddox, widow of Billings :Maddox late of Com­ Volunteer Light Artillery, and pay him a pension o:t $30. pany~· Sixth Regiment .Maine Volunteer Infantry, and pay her Stephen A. Reid, late of Company D, Fifty-sixth Regiment a pensiOn of $16. Illinois Volunteer Infantry, and pay him a pension of $24. Margaret Allison, widow of William Allison late of Com­ ) William H. Thompson, late of Company K, Seventy-eighth pany B, Fifth Regiment Delaware Volunteer' Infantry and Company A, Seventh Regiment Delaware Volunteer Inf;ntry Regiment Illinois Volunteer Infantry, and pay him a pension and pay her a pension of $12. ' of $30. I/ James M. Zumwalt, late of Company M, Eighth Regiment Charles F. French, late of Company G, Fifteenth Regiment Missouri Volunteer Ca\alry, and pay him a pension of $24. New Hampshire Volunteer Infantry, and pay him a pension Cassius C. Wertz, late of Company C, Two hundred and first of $24. Regiment Pennsylvania Volunteer Infantry, and pay him a pen­ James T. P. Bucklin, late major Fourth Regiment Rhode sion of $24. Island Volunteer Infantry, and pay him a pension of $30. Timothy Hayne, late of U. S. S. Alleghany, United States Randolph Holding, late of Company E, Eighth Reaiment Navy, and pay him a pension of $24. Minnesota Volunteer Infa.ntry, and pay him a pension ~f $30. William Milford Ingraham, late first lieutenant Company C, Mr. .McCUMBER. I w1sh to call attention to page 12 lines Eighteenth Regiment Massachusetts Volunteer Infantry, and 15 to 17. Let the Secretary read it. ' pay him a pension of $20. The VICE-PRESIDEI'I""T. The Secretary will read the lines William A. Stewart, late of Company L, Sixth Regiment 'Vest mentioned. Virginia Volunteer Infantry, and pay him a pension of $24. The Secretary read as follows : John Murray Murch, late of Company D, Maine Volunteer The name of Maria B. Wheaton, widow of Frank Wheaton late maj~r-general, United States Army, and pay her a pension at the rate Coast Gnards, and pay him a pension of $24. of $o0 per month. Maria B. W)leaton, widow of Frank Wheaton, late major­ 1\Ir. McCUMBER. I wish to make just one remark in refer­ general United States Army, and pay her a pension of $50. ence to this item. One of the rules of the Committee on Pen­ Edwin A. Chase, late of Battery B, First Regiment Rhode sions reads as follows : Island Volunteer Light Artillery, and pay him a pension of $24. No increase of pension to widows will be recommended above the gen­ James S. Wheeler, late of Company F, Seventy-seventh Regi­ eral-law rating except in case of destitution, to be substantiated by ment Illinois Volunteer Infanh·y, and pay him a pension of $24. competent testimony, and the word "destitution" will be held to mean John F. Leach, late of Battery A, First Regiment Rhode the same when applied to an officer or his widow as when applied to a priv~te or his widow; it will not be contracted or expanded to meet Island Volunteer Light Artillery, and pay him a pension of $30. particular cases. I I I 5408 CONGRESSIONAL RECORD- SENATE. APRIL 29,

same regiment, March 1, 1861, the designation of which regiment was The evidence in this case shows that the claimant is in receipt changed August 3, 18G1, to the Fourth Cavalry; appointed major, of an income of about $2,500. An adverse report was made by Second CavalTy, November 5, 1863; lieutenant-colonel TbiL·ty-nintb the chairman of the committee, and I will ask, without having Infantry, July 28, 1866, and was transferred to the Twenty-first In­ fantry March 15, 1860 ; appojnted colonel, Second Infantry, Decem­ it read, unless some Senator desires to have it read, that the ber 15, 1 74; brigadiei·-general, April 18, 1 92; major-general, April 2, ad'V erse report be printed in the RECORD in connection with my 1897, and was retired as major-general, United States Army, May 8, remarks upon this subject. 1897. He died June 1 , 1003, at Washington, D. C. He was brevetted lieutenant-colonel May 5, 1864, for gallant and The report referred to is as follows : meritorious services in the battle of the Wilderness, Virginia; brevetted :Mr. McCu.unEn, from the Committee on Pensions, submitted the fol­ colonel October 19, 1864, for gallant and meritorious services in the lowing minority advet·se report, to accompany S. 5534: battle of Cedar Creek, Virginia; brevetted brigadier-general March 13, Mr. Uc Cu~rBER submits the following adverse report on the bill 1865, for gallant and meritorious services in the capture of Petersburg, (S. 5534 ) granting a pension to Maria B. Wheaton, widow of Frank Va., and brevetted major-general l\Iarch 13, 1865, for gallant and meri­ Wheaton, late major-general of the United States Army: torious set·vices during the war. T he statement of Maria B. Wheaton, filed with your .committee, is to During a part of the period of his service in the Regular Army he th~ ell'ect that she has an income of something over $2,000 per annum also had volunteer service as follows: Was mustered into service July from property left by her husband. It is not the intention of this 12, 1861, as lieutenant-colonel, Second Rhode Island Infantry Volun­ adv er ~e report to in any way belittle the gallant and meritorious serv­ t eers, to serve three years; mustered in as colonel, same regiment, to ices of the distin6uished officer. But inasmuch as the pension com­ date July 22, 1 61; was appointed brigadier-general of volunteers No­ mittees of Congress were created to consider a few claims which, from vember 29, 1862, and accepted the appointment December 14, 1862, and their peculiar circumstances of extreme disability or destitution, could was mustered out as such April 30, 1866, his service in the volunteer not secure adequate relief at the Bureau, and also to consider claims, army being no longer required. some of which were necessarily rejected by the Bureau, for the reason He was brevett ed major-general of volunteers to date October 19, that they are not coYered by any existing laws, and others which were 1864, for gallant and meritorious services In the battles of Opequan, reject ed on legal or medical technicalities which Congress could set Fishers Hill, and Middletown, Va. aside, and not for the purpose of granting pensions upon the services Very respectfully, F. C. AINSWORTH, of the soldiers, it is not believed this case would come within the cate­ Chief Record ana Pension Office. gory of cases properly provided f or by special act of Congress. Hon. GEORGE PEAlWDY WETMORE, It is n ot believed to have been the intention of Congress that the United States Senate. Governmen t should provide full support for soldiers or their widows, General Wheaton's services before and since the war were largely but it is believed that pensions should be granted to prevent absolute rendered in the West, he being actively engaged in numerous cam­ want and suffering on the part of any soldier or his widow, and pen­ paigns against hostile Indians. Dming the wat• he rendered efficient sio.:l legislation should be rest ricted to cases of extreme destitution. and gallant services, taking part in many of the battles of that gt·eat where assistance is rendered imperative. The committee has adopted conflict and receiving numerous brevets for gallant and meritorious a rule which provides that the word ·• destitution" will be held to serv ices. In July, 1866, be received from his native State, Rhode meau the ~:: ame when applied to an officer or his widow as when ap­ Island, a sword of honor, inscribed as follows: plied to a private or his widow, and it will not be contracted or ex­ "Presented to Brevet Major-General Frank Wheaton, United States panded to meet any particular case. In this case, with an income of Volunteers, for gallant and meritorious services during the war, over !1::.? ,000 a year, it can not be held that Mrs. Wheaton is in any and especially at the battles of Op()quan, Fishers Hill, and Middle­ sense destit ute. Your committee bas repeatedly refused to consider or town, by the State of Rhode Island, through James Y. Smith, governor, favorably L"eport bills where it was shown that the widows were in re­ in conformity with a general resolution of the general assembly, passed ceipt of incomes considerably less than that of Mrs. Wheaton. And it at the January session 1865." · is h eld that i! it is the intention of Congress to grant large pensions He commanded the Department of Texas from June 2, 1892, to to the widows of officers a general law should be enacted to provide for all cases, and not make exception of occasional cases by special ~a{h!6d~~i5of~~s t~iti~i£~~\~ent of the Colorado from May 25, 1895, act. While the services of some officers may have been more hazardous General Wheaton died in this city July 18, 1903. The cause of his than those of others, yet, as a whole, every officer performed the duties death was cerebral hemorrhage from arterio-selerosis. of his position to the best of his ability, and the fact that circum­ The following letter from Doctor Nash relative to the deatb of st:mces placed him in exceptionally hazardous service should not be General Wheaton should be taken into consideration. taken into consideration In considering pension claim of his widow OFFICE OF ATTEXDING SURGEON, UNITED STATES ABMY when his death w a5 not due to the service. The passage of this bill to grant Mrs. Wheaton a pension of $50 per month is clearly in vio­ Washingtor~, D. C., Octobe1· 1s; 1903. lation of the rules of the committee, and if this bill should become a I hereby certify that I had the late Maj. Gen. Frank Wheaton, U. S_ law the widows of other officers similarly situated should, in common Army, under my professional observation at various times from Octo­ justice, receive equal recognition. It is therefore recommended that the ber, 1901, to the date of his death, June 18, 1903, and that I attended clause in the bill to grant a pension to Maria B. Wheaton be stricken out. him profe s ionally in his last illness. He died from cerebral hemorrhage, the result of arterio-sclea:>sls Mr. .McCUMBER. I do that simply to indicate that it is (hardening of his arteries) . He also had an enlarged prostate and partial paralysis of the bladder. not the policy of the Pensions Committee to vote to grant any It is reasonable to regard riding on horsebac!>:, of which he neces­ widow a pension of $60 a month, no matter what her income sarily bad a crreat deal to do, as an exciting cause of the prostatic and may be. I can but feel that if we want to give the widow of bladder troubie, symptoms of ·which manifested themselves before his retirement from active service. every general a rating of $50 per month, we ought to give it. . In my opinion the arterio-sclerosis had its origin prior to retirement, by a general law, to apply to every one the same, and not to and was naturally influenced by the nature of the life and the character sele:::t some particular cases, and allow one widow, who has of the food that was imposed on him by the conditions of his office. Going on sick report is as a rule distasteful to the officers of the an income of $2,500 a year, $50, and cut off one who has an Regular Army. income of a thousand dollars a year. '£his seems t o have been the case with General Wheaton, us I am in­ This, howeYer, is the report of the Committee on Pensions, formed that there is no medical record of him except for yellow fever. That he should have passed a reasonabl;r long life, under the condi­ due undoubtedly to a recognition of the splendid services of tions which he bad to live, without being s1ck a day otherwise than the General Wheaton. I want to say now that it is given by the yellow fever, is absurd and incredible, and the absence of his name from committee as an exception, and is not in accordance with the the sick list can only be ath·ibuted to his extreme devotion to duty, rules. I will not move to strike it out, but I want to have which forced him to do his work when sick. F . S. NASH, M. D. this statement go on record. Mrs. Wheaton married the officer J anuary 14, 1867, and her claim 1\ir. McCREARY. l\fr. President, the chairman of the Com­ for pension at the Bureau was rejected for the reason that she could mittee on Pensions has asked that the adverse report be printed not prove her husband's fatal disease to be contracted durin_g his active service in the Army. She was not eligible to pension under the act of in the RECORD. I ask that the report of the committee on this June 27, 1890, for the reasou that her income was in excess of $250 case be printed in the RECORD. per year. In her own behalf, Mrs_ Wheaton states that she has an ( The VIOE-PRESIDENT. Without objection, permission is income of something over 2,000 per year, but that she has dependent upon her a daughter whose husband was killed in the Spanish war at granted. Santiago, and also an old lady who has been in the family fot· years, The report is as follows : and that by the strictest economy she is able to provide for herself and \ S. 5534. Mai'ia B. Wheaton is the widow of Frank Wheaton, a dis­ those dependent upon her the necessities of life. tinguished soldier of the Volunteer Army and Regular service, who, In view of the long and distinguished service of the gallant officer, first appointed a first lieutenant March 3, 1855, rose through all grades the majority of your committee believe they are justified in waiving to major-general, which rank he bore at the time of his retirement, in this case the rule of the committee as to income of the widow, and May 8, 1807. therefore they recommend that Mrs. Wheaton be allowed a pension at Born May 8, 1833, Frank Wheaton was educated !or the profes­ the rate of $50 per month. sion of civil engineer at Bt"O·wn University, Providence, R. I ., from which institution he received the degree of master of arts. In July, Mr. McCREARY. Mr. President, I do not differ with the 1850 he was appointed an assistant in the United States and :Mexican Senator from North Dakota [Mr. McCuMBER] in the policy boundary sm·vey, and served thereon· in various localities for several which, I think, the Committee on Pensions has wisely adopted, rears. While engaged on this survey encounters with hostile Co­ manches, Apaches, and other Indians were frequent, and his services but there are exceptions to all rules, and this is an exception. were made known to the War Department, resulting in his receiving The Com111ittee on Pensions thought it was an exception, be­ the appointment of tirst lieutenant, First United States Cavalry. His active service with the Army continued for over forty-two years. cause every member of the committee except the chairman A statement thereof is furnished by the War Department, being as fol­ voted in favor of giving Mrs. Maria Wheaton a pension of $50 lows: per month. I have here a list of 111 cases where pensions RECORD .AND PENSION OFFICE, WAn DEPARTMENT, amounting to from $50 to $200 per month have been grante-::1 to Washington City, September 25, 1903. SIR: Referring to your letter of the 16th instant, addressed to The the widows of major-generals, brigadier-generals, colonels, and Adjutant-General of the Army, and transmitted to this office, to which lieutenant-colonels. the subject pertains. in which you request the military record of the I am a member of the Committee on Pensions, and J endeavor late Ia). Gen. Ft·ank Wheaton, United States Army, I have the honor to infot·m you as follows : to do justice to all applicants for pensions. I take an interest in It is flhown by the records that Frank Wheaton, of Rhode Island, the application of .Mrs. Wheaton for a pension, because after was appointed first lieutenant, First Cavalry, March 3, 1855 ; captain, careful examination I am satisfied she should have a pension of \ 1908. CONGRESSIONAL RECORD-SENATE. 5409

at least $50 per month. The husband of Maria B. Wheaton Timothy Covell, jr., late of Company I, Thirteenth Regiment sened forty-tw·o years in the United States .Army. He entered New Hampshire Volunteer Infantry, and pay him a pension of the Federal Army as a lieutenant at the beginning of the civil $24. war and was retired as a major-general, United States Army, in Sarah Pennock, widow of William T. Pennock, late first lieu­ 1897. tenant, First Regiment United States Cavalry, and pay her a I never met Mrs. Wheaton until a few weeks ago. She called pension of $2G. to see me, as she did other members of the committee. I never John 1\f. Burk, late of Company A, Fourth Regiment Delaware met her distinguished husband, Gen. Frank Wheaton, unless Yolunteer Infanh-y, and Ninety-fifth Company, Second Bat­ I met him in Virginia during the civil war where we fought talion, Veteran Reserve Corps, and pay him a pension of $24. on different sides and where he was a Federal soldier and I a Simon G. Cutting, late of Company I, First Regiment New Confederate soldier. He was five times promoted for gallant Hampshire Volunteer Cavalry, and pay him· a pension of $30. and meritorious service on the battlefield, and when the civil William B. Scott, late of Company B, Tenth Regiment New war ended his State, Rhode Island, presented him with a York Volunteer Cavalry, and pay him a pension of $50. sword, and when he died the State of Rhode Island erected William T. Smith, late of Company B, Fourth Regiment Ken­ a monument to his memory. tucky Volunteer :Mounted Infanh·y, and pay hi_m a pension Mr. President, as the years roll by and we get further and of $24. further away from the animosities of the war and the horrors of Thomas Moore, late of Company G, Twenty-ninth Regiment civil strife, the excellence and the merit of those who honestly Indiana Volunteer Infantry, and pay llim a pension of $30. and conscientiously fought for what they believed to be right Sarah A. Creed, widow of John C. Creed, late of Company D, become more apparent, and brave and faithful soldiers are ready Eleventh Regiment Ohio Volunteer CaYalry, and pay her a to do justice to gallant and worthy soldiers, no matter in what pension of $20. army they fought. Winifred Flynn, widow of Thomas V. Flynn, late of Com­ 1\irs. Wheaton is now three-score years of age. For thirty­ pany D, Eighth Regiment New Jersey .Volunteer Infanh·y, and six years as the wife of General Wheaton she shared his pleas­ pay her a pension of $12. ures and often endured with him hardships and trials. She John H. Stover, late of Company D, First Regiment Pennsyl­ has suffered more than any woman I know of. She has buried vania Volunteer Cavalry, and pay him a pension of $24. her husband and six children. She now, in her old age, asks Thomas Heimbach, late captain Company B, Seyenteenth for a pension, and the committee has made a report in be­ Regiment United States Colored Volunteer Infantry, and pay half of Mrs. Wheaton, and reported in fayor of giving her $50 him a pension of $30. a month, although widows of other major-generals are to­ George G. Sherlock, late of Company I, Fourth Regiment day receiving $100 a month. Illinois Volunteer Cavalry, and pay him a pension of $24. ! I wish the Senate to remember that at this very session we John F. Young, late of Company K, First Regiment Ohio have given $125 per month each to the widow of Doctor Reed, Volunteer Cavalry, and pay him a pension of $30. to the widow of Doctor Allen, to the widow. of Doctor Lazear, Addison Baker, late of Company C, and quartermaster­ three men who risked their lives to determine whether the mos­ sergeant Third Regiment Indiana Home Guards, and pay him quito transmitted yellow fever; and they decided that question a pension of $24. ( and made a great and valuable discovery. I honor their mem­ Charles L. Morrison, late of Company A, Tenth Regiment ory, and I voted to give their widows the pensions they asked New Hampshire Volunteer Infantry, and pay him a pension for. These men imperiled their lives once, but General Wheaton of $30. imperiled his life many times on many battlefields. Martin B. Wilson, late of Company K, Thirty-eighth Regi­ J The only argument presented by the Senator from North ment Illinois Volunteer Infantry, and pay him a pension of $30. Dakota in his adverse report and in his speech just made is Laura W. Russell, former widow of Almon .A. Spooner, late that Mrs. Wheaton has an income of about $2,000. She de­ of Company B, Thirty-first Regiment Massachusetts Volunteer serves praise for candidly and truly stating her income. It is Infantry, and pay her a pension of $8. important, however, to state that the adverse report does not Stephen D. Taber, late of Company H, One hundred and refer to all of Mrs. Wheaton's statement. She said in her twelfth Regiment New York Volunteer Infantry, and pay him written statement that she has dependent upon her a daughter, a pension of $24. whose husband was killed in the Spanish war at Santiago, and John L. Smith, late of Company B, Fortieth Regiment Penn­ three grandchildren, and also an old lady, who has been in the sylvania Volunteer Infantry, and pay him a pension of $24. family for many years; and she told me she paid her taxes out George T. Miller, late of Company I, One hundred and fifty­ of the income referred to, and it was only by the strictest third Regiment Illinois Volunteer Infantry, and pay him a pen­ economy she is able to provide the necessaries of life for herself sion of $24. and those dependent upon her. Thomas B. Lewis, late captain Company B, Thirteenth Regi­ Mr. President, it is not necessary for me to say more about ment Pennsylvania Reserve Volunteer Infanh·y, and pay him a this interesting and just application for a pension. I know of pension of $24. no more meritorious case. I believe, and all but one of the Com­ William A. Reilly, late second lieutenant Company B, First mittee on Pensions believe, that Mrs. Wheaton should have a Battalion Fremont Rangers, Missouri Home Guards, and pay pension of $50 per month, and I believe the Senate will indorse him a pension of $12. our report. Thomas A. Skrivan, late of Company K, Twenty-second Regi­ :Mr. McCUMBER. I move to strike out lines 9 to 12, inclu­ ment Iowa Volunteer Infantry, and pay him a pension of $24. sive, on page 15, the party having died. Joseph C. Lambert, late of Company D, One hundred and / The VICE-PRESIDENT. The Senator from North Dakota thirty-third Regiment Pennsylvania Volunteer Infantry, and proposes an amendment, which will be stated. Company G, Twenty-first Regiment Pennsylvania Volunteer ) The SECRETARY. Strike out lines 9 to 12, inclusive, on page Cavalry, and pay him a pension of $30. 15. Elijah Johnson, late of Company K, Second Regiment Penn­ The amendment was agreed to. sylvania Volunteer Artillery, and pay him a pension of $24. The bill was reported to the Senate as amended, and the Alfred 0. Smith, late of Company H, Third Regiment New amendment was concurred in. York Volunteer Light Artillery, and pay him a pension of $24. The bill was ordered to be engrossed for a third reading, John H. Carter, late of Company A, Third Regiment Ken­ read the third time, and passed. tucky Volunteer Infantry, and pay him a pension of $30. The bill (S. 6625) granting pensions and increase of pensions Jefferson Wood, late of Company F, Eighth Regiment Iowa to certain soldiers and sailors of the civil war and certain Cavalry, and pay him a pension of $24. widows and helpless and dependent relatives of such soldiers Silas L. Ashley, late of Company F, Fifteenth Regiment In­ and sailors was considered as in Committee of the Whole. It diana Volunteer Infantry, and pay him a pension of $36. proposes to pension at the rate stated per month the following Lucy E. Gregory, widow of Stephen Gregory, late of Com­ persons: pany E, Seventeenth Regiment Wisconsin Volunteer Infantry, Frank Kasshafer, alias Frank Snyder, late of Company G, and pay her a pension of $12. Ninety-ninth Regiment Pennsylvania Volunteer Infantry, and Joseph S. Works, late of Company K, Ninth Iowa Volunteer Troop B, First Regiment United States Cavalry, and pay him a Cavalry, and pay him a pension of $24. pension of $24. James Shaahan, late of Company F, Eighth Regiment Charles Duggan, late of Company D, Twenty-eighth Regiment Pennsylvania Volunteer Cavalry, and pay him a pension of $24. Conn~cticut Volunteer Infantry, and landsman, U. S. S. Vic­ Corter J. Brazee, late of Company C, Thirty-eighth Regi­ tm·ia, St. Lawrence, and PD>ppy, United States Navy, and pay ment Wisconsin Volunteer Infantry, and pay him a pension him a pension of $24. of $30.

XLII-339 J ) 5410 CONGRESSIONAL REOOltD-SENATE. .A_ppJL 29,

C.harles II. Goss, late of Companies I · and C, •Seventy-seventh The name of Henry M. 'Wa.ters late of ·Company H, Second Regi­ llegiruent New X:or.k 'Volunteer Infantry, and pay him a pension ment Ohio Volunteer Cavalry, and .vay .him ·a pension at the rate of. . 2~ pex month .in lieu of that he is now I'eceiving. of $24. . l'he name of Martin L. Bruce late of Company G Eighth Reaiment Royal E. Dake, late commissary-sergeant First ·Regiment Vermont Volunteer lnfantry, and pay him a pension 'at the ·rate 'Of ~24 .~ew York Veteran Volunteer Cavalry, and pay him a pension per month in lieu of that he is now receiving. The n~me of Joseph Rickey, late of Company .A, Sixty-eighth Regi­ of $30. ment Ohio Volunteer Infanh'y, and pay 'him a pension at the rate of $30 William S. :..IcOormish, late of .Company G, Sixth Regiment per month in lieu of that be is now receiving. Ohio Volunteer Cavalry, and pay him a pension of $24. :r'he n_ame of James l:5 • .Anderson, late of Company A, Fifth Regiment W1sconsm V:olm;tteer Infantry, and pay hlm a pension at the rate of $24 Cynthia A. Lapham, widow .of 'William B. Lapham, late first per month m heu of that he is now receiving. lieutenant Company F, Twenty-third Regiment Maine Volunteer Infantry, and Seventh Battery, Maine Yolunteer Light Artil­ .Mr. McCUMBER. I move to amend the amendment of the lery, and cap.tain and ·assistant quartermaster, United States committee by striking out lines 23 and 24 on page 4 and lines Volunteers, and pay her a pension of $25. 1 and 2 on page 5. Jame Wilson, late of Company I, First Regiment Wisconsin I will state that the reason :for the amendment to the amend- Volunteer Heavy A~rtillery, and pay him a pension of $24. ment is that the same claimant is taken care of in another bill. Andrew H. Yeazell, late first lieutenant and captain Company The amendment to :the amendment was agreed to. I, Sixty-sixth Regiment Ohio Volunteer Infantry, and pay him The amendment as amended was agreed to. a pension of $24. · The bill was reported to the Senate as amended, and the Daniel Champlin, late captain Company H, Twenty-sixth amendment was concUI'red in. Regiment .Connecticut Volunteer Infantry, and pay .him a pen­ The amendment was ordered to be engrossed and :the bill to sion of $30. be read a third time. Solomon Holsey, late of Company A, One hundred and The bill was read the third time and passed. se>entll Regiment Illinois Volunteer Infantry, and pay him a 'l'he title wa-s amended so .as to read : "A bill granting pen­ pension of $30. . sion and increase of ;pension to certain soldiers and sailors of Jud Morrow, late of Company C, Eighty-fourth Regiment the civil war and certain widows of such soldiers and sailors." Ohio Volunteer Infantry, and pay him a pension of $24. The biU (H. R. 1091) granting an increase of pension to harles E. Bowman, late of Company I, Twelfth Regiment Jerry Murphy \TRS considered as in Committee of the Whole. Rhode Island Volunteer Infantry, and pay him a pension of ~24. The bill had been reported from the Committee on Pensions, Toor Anderson, late of Company B, Thirty-fourth Regiment with an amendment, to strike out after the word "laws" in Wisconsin illilitia Infantry, and p::ty .him a pension of $24. line 5, down to the end of line 9, as follows : ' Hiram E. Turner, late first lieutenant Company K, Fifteenth The name of Jerry Murphy, late of Troop H, United States Mounted Regiment Kansas Volunteer ·Cavalry, and Jlay him a pension R;ifles, Texas and New Mexico IndiB;D disturbance , and pay him a pen­ of $30. Sion at the rate of $16 per month m lieu of that he is now receiving. The bill was reported to the Senate without amendment, or­ And to insert the following : dered to be engrossed ior .a third r-eading, read the third time, The name of Jerry Murphy, late 'Of Troop H, United States Mounted and passed. R;ifies, 'l'exas and New Mexico Indi_an ~isturbances, and pay him a pen­ The bill (H. R. 1062) granting an increase of pension to Slon at the rate of $16 per month m heu of that be is now receivin"". 'The name of Frank .Z. ·Curry, late second lieutenant of Compan~~ B Charles C. Weaver ·was considered as in Committee of .the Third Re<>iment Georgia Volunteer Infantry, war with Spain and pay i\Vhole. ' him a pension at the rate of 30 per .month in lieu of that he is now 'l1he bill was reported from the Committee on Pensions with receiving. f'he name of Roy L. Jones, late of Company L, Fourth Regiment llli· an amendment, in line 5, after the word "Jaws," to strike out no1s Volunteer Infantry, war with Spain, and pay him a pension at "the name of Charles C. Weaver, late of Company ·E, 'Twenty­ the rate of $12 per month. seventh .Regiment Indiana Volunteer infantry, and pay him a The name of Harris Alvin Conrad, minor child of Alvin S. Conrad Jate. of Company~. Sizth ~egiment United States Infantry, war with · pension at the rate of $50 per month in lieu of that he is now Spam, and pay h1m a penswn at the rate of. 12 per month until he :receiving," and insert "-the name of Charle.s C. Weaver, late of reaches the ·age of 16 ·years. .Company E, Twenty-seventh !Regiment Indiana Volunteer In­ The name of Harry L. Orendol'ff, late seaman U. S. S. Newport, fantry, and pay him a }lension at the rate of $50 per month in g~t~ States Navy, and pay llim a j>enslon at the rate of 24 per lieu of that he is now receiving," and to insert: The name of James Barbour, late of Company A, Third Re ..iment nited States Infantry, Texas and New Mexico Indian war and pay The name of Andrew Goddartl, late of Companies 'M and H Second him. a. pension at the rate of J.6 pe_r month in lieu of that be is now Re!!iment Tennes ee Volunteer Cavalry, and pay him a pens!~ at the rece1vmg. rate of $12 pc.r month. The name of Jorge Benavides .Anilerson, widow of T:mdy K. Ander~ The name of Marshall W. Rogers, late of Company G, Seventh Regi­ son. late of Capt. M. B. Lamar's independent company Texas Mounted ment Vermont \olunteer Infantry, and pay him a .vension at the rate Volunteers, war with Mexico, and pay her a pension at the rate of $12 of , 30 per month in lieu of that he is now receiving. per month in lieu of that she is now receiYin-.... The name of William M. Jordan. late of ·Company B, Twenty-eighth The name of James J. Callan, late of Company E, Second Regiment Regiment Pennsylvania. Volunteer Infantry, and pay him a pension at the rate of $30 per month in lieu of that he is now receiving. ~~~ .States .Cavalry, and .P!tY .him a ·pension at the rate of 8 per 'rhe name of Mittie Choate, ;widow oi -George :W. Choate, late of Com­ pany .B, Twenty-fifth .Regiment Michigan Volunteer Infantry, and ·pay The name of Margaret C. Storts, widow of Charles Henry Storts late her a pension at the rate of $20 per month in lieu oi that ·she is now . of C_ompany I, Third Regiment Keni:ueky Volun1:eer Infantry, war' with receiving. Mexico, B.?d pay her. a. pension at the rate of $12 per month in lieu of The .name of Davis E. James, late of Company F, Eighty-first Regi­ that she 1s now rece1vmg. ment Ohio Volunteer lnf::mtry, and pay .him a pension at tbe rate of '£be name of Jennie R. Thomas, widow of Edward L Thomas late :ji50 per month in lieu of that he is now .receiving. second lieutenant Captain Loyall's company Georgia 1.ionnted \Jolun­ The name of Patrick Grady, late ot ·Company B, Fourteenth Regiment tecrs, war with Mexico, and pay her a pension at tht: rate of $12 per Illinoi Volunteer Infantry, and pay .him a pension at the rn.te of 24 month in lieu o! that she is now receiving. per month in lieu of that he is now receiving. The name of Louisa E. Price, widow of Edmund Price late of Com­ i The name of John F. Lane, late of Company 1, T.hird Regimen-t Wis­ pany H, Palmetto RegimC?-t South Carolina Volunteers, war with consin Volunteer Infantry, and pay .him a pension at the .rate ot $30 Mexico, ·a~{l pay her a peus1on at the rate of $12 per month in lieu of \ pe1· month in lieu of that be is 'llow receiving. · that she IS now receiving. The name of John :McNally, late of Comj>any F, Tenth Regiment Ver­ The name of Angeline Phillips, widow of William Phillips late of mont Volunteer lnfantry, and pay .him a pension at the .rate of $30 per Captains Dayton and Field's companies, District of ·Columbia 1\Iilitia month in lieu of that he is now receiving. wru· of J.812, and pay .her a pension at the rate of 24 per month iu The name of helton Canfield, late of Company II, One hundredth lieu of that she is now receiving. .Regiment New York Volunteer Infantry, and pay him a pension at the The name of Eliza J. Walker, widow of WJlliam C. Walker late of rate of 30 per month in lieu ot that he is now receiving. Captain Smith's company, Colonel Young's Regiment Texas 'ca>alry The name of lexander l(eefe, ·1a.te of Company A, Second Regiment war with Mexico, and pay her a pension at the rate of '16 per month .United States Cavalry, and pay him a pension at the rate of ~ 40 .per in lieu of that she is now receiving. month in lieu of that be is now r.eceiving. · The .name of Jolm Hearn, late of Company E, Sixty-ninth Regiment The name of Alonzo .Knox, late ol Company F. Fourth Regiment New New :York Volunteer Tnfa:ntry, war with Spain, and pay him a pension Hampshire Volunteer Infantry, and pay him a pension at the rate of at the rate of $12 'Per month. $:30 per month in lieu of that be is now receiving. The ·name of Penelope L. Newman, widow of James Newman late The ·name of Philip Bowers, late of Company :M, First Reciment Ohio of Company E, Battalion o~ .Mississip.Pi Volunteer Riflemen, war' with Volunteer Cavalcy, and pay him a pension at the .rate of $30 per month 1\Iex:ico, and pay her .a. pension at the rate of $12 per month in lieu of .in lieu of that he i now receiving. · that she is now rece1vmg . The name of Frederick Wiffin, late of Company I, Thirty-seventh The name of {)phelia J .. Gordon, widow of Thomas M. Gordon, late Regiment Illinois Volunteer Infantry, and pay him a pension at the of Company G, Second Regiment Tennes ee Yolunteet·s. war with Mexico rate of $30 per month in lieu of that he js now ~·eceiving. !lnd ,pay he~ ~ pension at the rate of $12 per month in lieu of that sh~ The name of John Wagner, late of Company F, Thirty-fifth Re.,.i­ 1s now receiYlng. ment Indiana Volunteer Infantry, and pay him a pension at the rate The name of Maggie Z. Tarter, widow of William W. Tarter late of of 24 per month in lieu of that he is now .receiving. Company H, Sixth Regiment nited States Infantry, and pay her a The name of Griffith T. Murphy, la.te of Company B, Eighth Regi­ pension at the rate of $12 per month and $2 per month additional on ment New York Volunteer Cavalry, and pay him a pension at the rate account of each of the minor children of said William W. Tarter until of , 30 per. month ~n lieu of that he is no.w receivin~. they .reach the age of 16 years. The name of Albert Newton, late of Company C, Seventy-ninth Regi­ The name of Samuel W. Burt, late of Captain Henry's company ment Ohio Volunteer Infantry, and pay him a pension at the rate of South Carolina Volunteers, Florida Indian war, and pay bim a pension $50 per month in lieu of that he is now receiving. at the rate of $16 per month in_lieu of that he is now receiving. 1908~ CONGRESSIONAL RECORD-SENATE. 5411

The name of Emeline M. Strong, widow of John Strong, late of Com­ The name of Thetus R. Hobbs, widow of Calvin Hobbs, late of Com­ pany F, First Regiment Mississippi Volunteers, war with Mexico, and pany E, First Regiment Mississippi Volunteers, war with Mexico, and pay her a pension at the rate of $12 per month in lieu of that she is pay her a pension at the rate of $12 per month in lieu of that :abe is now receiving. now receiving. The name of Noble Saxton, late of Captain Sheffield's Company A, The name of Charles Pbarazyn, late of Batteries· E and I, Third Second Regiment Oregon Mounted Volunteer~, Oregon and Washington United States Artillery, Florida Indian war, and pay him a pension at Territory Indian war, and pay him a pension at the rate of $16 per the rate of $16 per month in lieu of that he is now receiving. month in lieu of that he is now receiving. The name of James Kilby, late of Captain Peden's company, North The name of Anna Borkowski, dependent mother of Frank Bor­ Carolina Volunteers, Cherokee Indian disturbances, and pay him a pen­ kowski, late of Company D, Second Regiment United States Infantry, sion at the rate of $16 per month in lieu of that be is now receiving. and pay her a pension at the rate of $12 per month. The name of Martha C. Pace, widow of Alexander Pace, late of Cap­ The amendment was agreed to. tains Crute and Allen's companies, Georgia Mounted Volunteers, Creek The bill was reported to the Senate as amended, and the Indian war, and pay her a pension at the rate of $12 per month in lieu amendment was concurred in. of that she is now receiving. The name of Peter A. Rainbolt, late of Captain Boling's Company B, '.rhe amendment was ordered to be engrossed, and the bill to Mounted California Volunteers, California Indian war, and pay him a be read a third time. pension at the rate of $16 per month in lieu of that be is now re­ The bill was read the third time and passed. ceiving. The name of \Villiam Goulding, late of Battery F, Second Regiment The title was amended so as to read: "A bill granting pen­ United States Artillery, Florida Seminole Indian wars, and pay him a sion and increase of pension to certain soldiers and sailors of pension at the rate of $16 per month in lieu of that he is now the war with Spain and other wars, and to the widows of such receiving. The name of John Lichtenberger, late of Company C, Ninth Regiment soldiers and sailors." Illinois Infantry, war with Spain. . The bill (H. R. 19463) granting pensions and increase of The name of Eliza D. Ramey, widow of William Ramey, late of pensions to certain soldiers and sailors of the civil war and cer­ Captain Roger's company, Alabama Mounted Volunteers, Cherokee In­ dian disturbances, and pay her a pension at the rate of $12 per month tain widows and dependent relatives of such soldiers and sail­ in lieu of that she is now receiving. ors was considered as in Committee of the Whole. 'l'he name of Mary Hutchinson, widow of Burrel B. Hutchinson, late The bill had been reported from the Committee on Pensions of Company H, Palmetto Regiment South Carolina Volunteers, war with Mexico, and pay her a pension at the rate of $12 per month in with an amendment, on page 3, line 18, before the word " dol­ lieu of that she ·is now receiving. lars," to strike out "twenty-four" and insert "twenty," so as 'l'he name of Sterling A. Galt, late of Company G, First Regiment to make the clause read: North Dakota Infantry, and Company F, Thirty-sixth Regiment United States Volunteer Infantry, war with Spain, and pay him a pension at The name of Mary U. Robinson, widow of Thomas F. Robinson, late the rate of $12 per month. of Company D, Sixty-fourth Regiment Ohio Volunteer Infantry, and The name of Tillman L. Lafferty, late of Company D, Twenty-sixth pay her a pension at the rate of $20 per month in lieu of that she is Regiment United States Infantry, and pay him a pension at the rate now receiving. of .'12 per month. 1\Ir. 1\IcCUl\IBER. I move that the Senate disagree to the The name of Elizabeth Norton, widow of Charles F. Norton, late amendment. hospital steward, Third Regiment Texas Volunteer Infantry, war with Spain, and pay her a pension at the rate of $12 per month and $2 per The amendment was rejected. I month additional on account of the minor child of said Charles F. The bill was reported to the Senate without amendment, or­ Norton until she reaches the age of 16 years. The name of Sarah E. Willis, widow of Platte A. Willis, late of dered to a third reading, read the third time, and passed. J Company B, Second Regiment :Mississippi Volunteers, war with Mexico, The bill (H_ R. 19737) granting pensions and increase of pen­ and pay her a pension at the rate of $12 per month in lieu of that slle sions to certain soldiers and sailors of the civil war and certain I is now receiving. The name of Martha Marble, widow of John K. Marble, late of Com­ widows and dependent relatives of such soldiers and sailors pany A, Fifth Regiment Louisiana Volunteer Infantry, war with Mex­ was considered as in Committee of the Whole. ico, and pay her a pension at the rate of $12 per month in lieu of that 1\Ir. DIXON. I wish to offer an amendment, which I send to she is now receiving. The name of Martha E. McDonald, widow of William P. McDonald, the desk. late of Company E, First Regiment Missouri Mounted Volunteers, war The VICE-PRESIDENT. The amendment will be stated. with Mexico, and pay her a pension at the rate of $12 per month in lieu The SECRETARY. On page 27, after line 2, insert: of that she is now receiving. The name of .Tohn Burkman, late of Company K, Fifth Regiment The name of Louisa J. Long, widow of Martin L. Long, late of Cap­ Missouri Volunteer Infantry, and Troop L, Seventh Regiment United tain Price's company, Georgia· Volunteers, Cherokee Indian disturb­ States Cavalry, and pay him a pension at the rate of $24 per month ances, and pay her a pension at the rate of $12 per month in lieu of in lieu of that be is now receiving. that she is now receiving. The name of Mary A. L. Hawk, widow of George F. Hawk, late Mr. DIXON. 1\Ir. President, I wish to state, in explanation ensign, United States Navy, and pay her a pension at the rate of $25 of the amendment, that a Senate bill increasing the pension of per month in lieu of that she is now receiving. The name of Rebecca Williams, widow of Augustus H. Williams, late John . Burkman was passed in the Senate some time in the of Captain Greer's company, Georgia Volunteers, Creek Indian war, and winter. He was a soldier who had both civil-war servic~ and pay her a pension at the rate of $12 per month in lieu of that she is service in the Regular Army; in fact, he was Custer's own now receiving. '.rbe name of Dinah E. Sprague, widow of Ara Sprague, late of Cap­ personal orderly and scout for many years. He was in tain Peterson's company, New York Militia1 war of 1812, and pay her a Benteen's battalion· at the battle when Custer's command was pension at the rate of $24 per month m lieu of that she is now annihilated on the Rosebud. receiving. The name of Wyatt Roberson, late of Capt_ N. Kelsey's company, The bill was favorably reported and passed in the Senate on North Carolina Volunteers. Cherokee Indian disturbance, and pay him February 12, but when it went to the House Mr. Kerr, the a pension at the rate of $16 per month in lieu of that he is now re­ clerk of the committee, tells me that a wrong reference was ceiving. The name of Margaret E. McGuire, widow of Terrance McGuire, late made; that in reading his service they misinterpreted it to of Captai. n Dill's company First Regiment Georgia Volunteers, war read only Regular Army service, and by inadvettence sent it with Mexico, and pay her a pension at the rate of $12 per month in to the Committee on "Invalid Pensions of the House instead of lieu of that she is now receiving. The name of Mary E. Leigh, widow of Benjamin Leigh, late of Cap­ the regular Committee on Pensions, and that it was omitted tain Green's company, Georgia :1:\iilitia, Creek Indian war, and pay her from the House bill now before the Senate. a pension at the rate of $12 per month in lieu of that she is now re­ The bill was regularly reported from the committee and ceiving. The name of Addie W. Farquhar, widow of Rear-Admiral Norman passed by the Senate. The old man is 84 years old at this V. H. Farquhar, late of United States Navy, and pay her a pension at time, and he is receiving a ,pension of $12 per month. the rate of $50 per month in lieu of that she is now receiving. The name of America Bruce. widow of Griffin Bruce, late of Captain The VICE-PRESIDENT. The question is on agreeing to the Howell's company, Tennessee Volunteers). Cherokee Indian disturbances, amendment of the Senator from :Montana. and pay her a pension at the rate of $1:<: per month in lieu of that she ' The amendment was agreed to. is ~g: x{;~~v~:f~·ames Cochran Key, late of Captain Garmany's company, The bill was reported to the Senate as amended, and the Georgia 'Volunteers, Florida Indian war, and pay him a pension at the amendment was concurred in. rate of $16 per month in lieu of that be is now receiving. The amendment was ordered to be engrossed and the bill to The name of Samh W. Passmore. widow of Brewington Passmore, late of Company B, First Regiment North Carolina Volunteers, war with be read a third time. Mexico, and pay her a pension at the rate of $12 per month in lieu of The bill was read the third time and passed. that she is now receiving. '.rhe bill (S. 6715) granting pensions and increase of pensions The name of Annie Ricks, widow of Edward Ricks, late of Captain Buckel's company, .Johnson's Regiment Texas Rille Volunteers, war to certain soldiers and sailors of the Spanish war and other with Mexico, and pay her a pension at the rate of $12 per month in lieu wars, and to the widows of such soldiers and sailors, was con­ of that she is now receiving. sidered as in Committee of the Whole. The name of William Abt, late of Eighth Company United States Coast Artillery, and pay him a pension at the rate of • 46 per month. :Mr. McCUMBER. I ask the Secretary to read lines 21 to The name of Thomas J. Perkins, late of Captain Hay's Company B, 23, inclusive, on page 2. First R(>giment Washington 'Territory Volunteers, Oregon and Wash­ The VICE-PRESIDENT. The Secretary will read the lines ington Territory Indian war, and pay him a pension at the rate of $16 pc1· month in lieu of that be is now receiving. indicated. The name of John Mogg, alias John Moor, late of Company G, Eighth The Secretary read as follows: Regiment United States Infantry, Florida Indian war, and pay him a The name of Marv Eddy Driggs, widow of William H. Drigg!r, late penflion. u.t the rate of $16 per month in lieu of that be is now re­ commandet·, United States Navy, and pay her a pension at the rate ot ceiving. $40 per month_

. I I 5412 CONGRESSIONAL RECORD-SENATE. APRIL 29,

1\Ir. l\IcCU.l.\IBER. l\1r. President, this is another case in the beneficiary In this case, on the grounds that they were not desti­ which the chairman of the committee has felt it his duty· to tute. Your committee has adopted a rule that the word "destitution " shall be held. to mean the same when applied to the widow of an officer make a minority adverse report. I will say now that it is not as when applied to the widow of a private, and will not be contracted rn~· intention, the committee having reported the bill favorably or expanded to meet particular cases. Mrs. Driggs's property, if propedy invested, should give her an income sufficient to relieve her by a majority vote, to ask the Senate to strike out this item, from want, and the minority of your committee therefore recommend but to guard the committee against the dangers that a bill of that no pension be granted in her case. this kind will lend it into as a matter of prece::lent, I will ask Mr. GORE. 1\'fr. President, in my judgment, the chairman that the Secretary read the adverse report, which is very short. of thQ Pension Committee is a \ery consenative leader iu The VICE-PRESIDEJ.·T. The Secretary will read as re­ affairs of this sort, and he has given thorough consideration to que ted. the case now before the Senate The minority report shows The Secretary read the minority views of 1\Ir. :McCuMBER. that this party possesses more than $25,000 worth of property. .o:lr. .McCREARY. The Senator from Florida [1\Ir. TALIA­ In fact one piece of property here in the city is worth $30,000, FERRO] took special interest in this case, and he has been called and efforts are being made now to sell it at that price. She away. In his absence I ask that the report of the committee also owns $2,000 worth of Calumet mining stock, now quoted upon this pension be al o inserted in the RECORD. at $625 a share, which paid in 1900 320 per cent dividend, and ~fr. JUcCIDIBER. There is no objection to that, and pos- also owns a home on Staten Island, N. Y., whtch is mortgaged sibly it should precede the minority report. for $3,000 and doubtless worth double the amount of the face The VICE-PRESIDE~T. Without objection it is so ordered. of the mortgage. The security is now held in the savings bunk, Tl:e report of the committee- is as follows: and their rule, I understand, is not to accept securities unless S. 5977. Mary Eddy Driggs is the widow of William H. Driggs, late the real estate is worth double the face value of the mortgage. lieutenant-commander, United Stares Navy. J!er husband was ap­ pointed midshipman in the Navy July 21, 186o, and graduated from In -view of the report of the chairman of the committee I move the Nn:ml Academy June 4, 1809. He was successivel:y promoted to strike out lines 21, 22, and 23, on page 2. through the several grades to lieutenant-commander, to wh1ch ran~ he The VICE-PRESIDEl\""r. The amendment proposed by the w::;s commissioned September 16, 189!). He was placed on the retired list from June 30 1.890. Commander Driggs died in this city January Senator from Oklahoma will be stated. 6, 1D08. of pneumonia, following a surgical operation f

those who sustained wounds and injury or contracted disease the bill considered by the committee and it can be reported in in the service, certainly would have a right to complain at another bill to the Senate and allow this bill now to pass and the allowance of this pension of $40 a month to the widow of become a law. That is as I understand the case. a man who was a peace soldier, who enlisted subsequent to The VICE-PRESIDE...~T. ',['he question is on agreeing to the the civil war, and who possesses $35,000 or $40,000 worth of amendment proposed by the Senator from Oklahoma. pr011erty. Mr. McCRE.A.RY. I did not catch what the Senator from The YICE-PRESIDE.. TT. The question is on agreeing to North Dakota said. I should like to have him repeat it. the amendment proposed by the Senator from Oklahoma. Mr. 1\IcCU:MBER. I merely suggested to the Senator from Tlle amendment was agreed to. Oklahoma that if the amendment is carried to eliminate this l\Ir. ::.\IcCREARY. What amendment has just been agreed to? particular provision from the bill under consideration, it shall The VICE-PRESIDE~T. The amendment to strike from the not be consid~red as a final vote upon the merits, but simply bill the lines read by the Secretary. for the purpose of eliminating it from this bill, whereby it may l\lr. McCREARY. I did not understand it that way. I shall be considered on the merits at a time when the Senator from ask that the Driggs case go O\er, if it is permissible. The Sen­ Florida is present. a tor from Florida took special interest in it, and if it is neces­ Mr. McCREARY. What would become of that part of the sary, I will mo\e to reconsider the vote by which the amend­ bill which refers to Mrs. Driggs? ment was agreed to. I should like to ha\e it ~o over until l\Ir. McCUMBER. It would be out of this bill. It would be the Sen a tor from Florida can be present. exactly in the same position as though it had been stricken out, I Mr. McCU:;\IBER. So far as that particular item is con­ of course. cerned, I would gladly concede to the Senator's desire. Even if 1\fr. McCREARY. Docs the Senator mean to say that he would it is sh·icken out of this bill I understand that it can be pro­ be willing to report the next bill with this item in it in order posed upon another bill at any time when the Senator from that the Senator from Florida could participate in the debate? Florida is here. Mr. :McCUMBER. I simply mean that the Senator from 1\IJ,'. fcCREARY. I prefer, however, to ha\e it reconsidered. Florida can offer it as an amendment to any other omnibus I voted with the majority in order to enable me to make that pension bill that comes before the Senate. motion. I mo\e to reconsider the \ote by which the amend­ 1\Jr. McCREARY. I regret >ery much that the Senator from ment was agreed to. Florida is not here. It is a pension claim which he has paid The VICE-PRESIDENT. The Senator from Kentucky moves special attention to. · to reconsider the yote by which the amendment proposed Mr. 1\fcOUMBER. Certainly it would then be in a position by the Senator from Oklahoma was agreed to. whereoy it would not be necessary to pass on it again in the The motion to reconsider was agreed to. Committee on Pensions. I wish to a>oid that. Mr. McCREARY. Now, I ask that the paragraph in the bill 1\lr. BR.A.NDEGEE. If this item is stricken out of the pend­ which refers to 1\Irs. Driggs's pension be laid aside. ing bill it would be in no position on the Calendar of the ! 1\Ir. FRYEJ. ·we can not lay it aside without laying aside the ( Senate. whole bill. 1\Ir. 1\IcCUMBFJt. It certainly would not; but the Senator .Mr. lUcCUl\IBER. I do not see but what it would be exactly fr0m Florida could offer it as an amendment upon any future in the same position as though it was stricken out. It would bill the committee might report. J become no part of this bill. l\Ir. BRANDEGEE. Or the committee could report this item Mr. McCREARY. It would not be a part of this bill. as a separate bill. Mr. 1\IcC :MBER. It would still be reported upon favorably. 1\Ir. 1\IcCUl\fBER. But I assume that the Senator from l\lr. McCREARY. But could it not, by unanimous consent, Florida, having secured a vote fa\orable to it from the com­ be placed upon the Calendar to be taken up at some other time? mittee, would not care about having it go back to the committee l\lr. CULBERSON. I do not see, as a matter of parliamen­ to be considered whereby that decision, which was by only a tary law, how a part of a bill can remain here and the other part small majority yote at that time, might be re>ersed. I wish to go to the other House. This is an entire bill, with a number of protect any right that the Senator from Florida may think he beneficiaries, as I understand it. has in the matter. 1\Ir. McCREARY. It is an entire bill and it refers to a num­ .Mr. l\!cCREARY. l\!r. President, I wish to make a parlia­ ber of pensions. Each pension is granted in one paragraph. mentary inquiry. Would it be in order to move that this special What I desired to do was to get unanimous consent to take the paragraph be referred back to the committee? paragraph that refers to 1\Irs. Drigg's pension out of the bill and The VICE-PRESIDEXT. The Chair is of the opinion that it let it be laid aside, because I know the Senator from Florida would not be in order. The question is on agreeing to the takes a very deep interest in it. It is a matter to which he has amendment proposed by the Senator from Oklahoma. gi>en special attention, and he was called away and did not The amendment was agreed to. think it would come up to-day. 1\fr. 1\fcCU.l\fBER. There is another amendment I wish to Mr. CULBERSON. I should like it to be understood that I offer. I mo'le to amend by striking out lines 11, 12, 13, and 14, do not object to the request of the Senator from Kentucky that on page 3, for the reason that a similar bill has been passed the entire bill shall go o>er. by the House and is now included in one of the House omnibus :Mr. McCREARY. I do not ask that. bills on the Calendar. Mr. CULBERSON. I do not see how it is possible to retain The VICE-PRESIDENT. The amendment will be stated. a portion of it here and pass the balance. The SECRETARY. On page 3, sh·ike out lines 11, 12, 13, and The VICE-PRESIDENT. The hour of 2 o'clock having ar­ 14, as follows: rived, the Chair lays before the Senate the unfinished business, ). The na.me of David Raulerson, late of Capt. Giles W. Ellis's com­ which will be stated by the Secretary. pany, Florida Volunteers, Seminole Indian war, and pay him a pen­ The SECRETARY. A bill (S. 4812) to regulate the employment sion at the rate of $16 per month in lieu of that he is now receiring. I of child labor in ,the District of Columbia. Mr. FRYE. I ask that the unfinished business be temporarily The amendment was agreed to. The bill was reported to the Senate as amended and the laid aside. Tlle VICE-PRESIDEKT. The Senator from Maine asks that amendments were concurred in. the unfinished business be temporarjly laid aside. Without The amendments were ordered to be engrossed and the bill objection, it is so ordered. to be read a third time. )!r. McCUMBER. I would suggest, as there has been a The bill was read the third time and passed. yote taken to reconsider the amendment, that the Senator from The bill ( S. 6812) granting pensions and increase of pensions Oklahoma allow his amendment to pass, with the understand­ to certain soldiers and sailors of the civil war and certain ing that it is not a Yote upon the merits of the measure at this widows of such soldiers and sailors, and so fort h, was consid­ time, so that the Senator from Florida may ha>e an oppor­ ered as in Committee of the Whole. It proposes to pension at tunity to bring it up, but that it is eliminated from this bill the rate stated per month the following persons: at this time so that it may be considered at a later date by the Johnson Gammel, late of Company E, Fifty-first Regiment entire Senate. Illinois Volunteer Infantry, and pay him a pension of $30. Mr. Sl\IOOT. Mr. President, I understand that the origin..'ll ·w·miam Weeden, late of Company K, Fifty-fifth Regiment bill jntroduced for the benefit of 1\Irs. Driggs is now before Illinois Volunteer Infantry, and Company E, Forty-third Regi­ the committee; that it is not in this bill, but it is only a part ment Wisconsin Volunteer Infantry, and pay him a pension of it. There would not necessarily be another bill introduced, of $24. but nt the next session of the committee, which will be next George Breckenridge, late pf Company D, Seventh Regiment Monday, the Senator from Florida [Mr. TALIAFERRO] can have Iowa Volunteer Cavalry, and pay him a pension of $30.

; 1

i .,/ l J 5414 CONGRESSIONAL RECORD-SENATE. APRIL 29,

Julia E. Willcox, widow of Orlando B. "\Villcox, late brevet Alfred Johnson, late of Company K, Eighteenth Regiment In­ mujor-general, United States Army, and pay her a pension diana Volunteer Infantry, and pay him a pension of $36. of $50. Elizabeth Grass, late nurse, Medical Department, United Rol>ert A. Kerr, late of Compan_y A, Eighth Regiment Penn­ States Volunteers, and widow of Harman Grass, late' of Com­ sylvania Volunteer Cavalry, and pay him a pension of $24. pany D, Twelfth Regiment Iowa Volunteer Infantry, and pay William Donegan, late of Company A, Si.A.-ty-fifth Regiment her a pension of $20. United States Colored Volunteer Infantry, and pay him a pen­ Butler Oleson, late of Troop I, First Regiment United States sion of $30. Cavalry, and pay him a pension of $30. James H. Street, late of First Battery Kentucky Volunteer Caleb F. Bandle, late of Company G, Seventy-second Regiment Light Artillery, and pay him a pension of $24. New York Volunteer Infanh·y, and· Company L, Twenty-second Thcrnas I1. Sims, late of Company H, Fifty-sevE:nth Regiment Regiment New York Provisional Volunteer Cavalry, and pay Indiana Voltmteer Infantry, and pay him a pension of $30. him a pension of $24. Stephen Prior, late of Company K, Fiftieth Regiment Illinois George Newland, late of Company E, Twelfth Regiment Wis­ Volunteer Infantry, and pay him a pension of $24. consin Volunteer Infantry, and pay him a pension of $30. Henry C. Jennings, late of Company G, Sixty-fifth Regiment Alonzo Greenleaf, late of Company B, Second Regiment 1\Iis­ Ohio Volunteer Infantry, and pay him a pension of $36. souri State Militia Cavalry, and pay him a pension of $24. · Henry Thompson, late of Company I, SeTenty-ninth Regiment Richard H. Shapland, late of Company E, Twenty-sixth Regi­ United States Colored Volunteer Infantry, and pay him a pen­ ment Illinois Volunteer Infantry, and pay him a pension of $24. sion of $15. Amos P. Johnson, late of Company A, Sixth Regiment Wiscon­ Thomas Shults, late of Company G, Forty-ninth Regiment sin Volunteer Infantry, and pay him·a pension of $30. Ohio Volunteer Infanh·y, and pay him a pension of $30. Richard C. Vanderford, late of Company C, Thirtieth Regi­ Samuel L. Higgins, late of Companies D and F, First Regi­ ment Indiana Volunteer Infantry, and pay him a pension of $30. mrolt Vermont Volunteer CaTalry, and pay him a pension of $24. John 1\Iilburn, late of Company H, One hundred and thirty­ William Alexander, late of Company A, Fifth Regiment eighth Regiment Indiana Volunteer Infantry, and pay him a United States Infanh·y, and pay him a pension of $24. pension of $24. Horace Seward, late of Company B, First Regiment United George Towers, late quartermaster U. S. S. Great Westen~ States Volunteer Sharpshooters, and pay him a pension of $30. and General Pillow, United States Navy, and pay him a pen­ Samuel H. Britts, late of Company K, Second Regiment sion of $50. Minnesota Volunteer Cavalry, and pay him a pension of $30. Charles E. Perry, late of Company A, Fourth Regiment Wis­ Jesse Chapman, late of Company A, Fifth Regiment {\1ich­ consin Volunteer Cavalry, and pay him a pension of $30. igan Volunteer Cavalry, and pay him a pension of $30. James T. Moore, late of Company F, Thirtieth Regiment Ohio Charles W. Cary, late of Company E, Twenty-ninth Regiment Volunteer Infantry, and pay him a pension of $50. Ohio Volunteer Infantry, and pay him a pension of $40. George Jacobs, late of Company C, Forty-sixth Regiment Angeline C. Powell, widow of James W. Powell, late colonel PennsylTania Volunteer Infantry, and pay him a pension of $30. Seventeenth Regiment United States Infantry, and pay her a Elijah E. Smedley, late of Companies I and A, Second Regi­ pension of $40. ment Ohio Volunteer Cavalry, and pay him a pension of $24. Thomas L. Ward, late of Battery I, Third Regiment United Jeremiah Regan, late of Company G, First Regiment Ohio States Artillery, and pay him a pension of $30. Volunteer Cavalry, and pay him a pension of $30. Rufus G. Tole, late of Company E, Second Regiment Ohio Leonard Goss, late of Company D, Forty-fifth Regiment Illi­ Volunteer Infantry, and pay him a pension of $30. nois Volunteer Infantry, and pay him a pension of $30. Charles Coddington, late captain Company A, Eleventh Regi­ Ella A. Smith, widow of Col. Andrew K. Smith, late surgeon, ment Michigan Volunteer Infantry, and pay him a pension United States Army, retired, and pay her a pension of $30. of $30. James Karr, late of Company H, Second Regiment Colorado Michael C. Cuddle, late of Company B, First Regiment New Volunteer Cavalry, and pay him a pension of $30. York Volunteer Cavalry, and pay him a pension of $30. Francis O'Leary, late of Company D, One hundred and thirti­ Edwin Smith, late of Company H, Thirteenth Regiment Iowa eth Regiment Indiana Volunteer Infantry, and pay him a pen­ Volunteer Infanh·y, and pay him a pension of $24. sion of $30. Henry Kemmer, late of Company G, One hundred and sixty­ William B. Jones, late captain Company G, Forty-fifth Regi­ ninth Regiment New York Volunteer Infantry, and One hundred ment Kentucky Volunteer Mounted Infantry, and pay him a and seventy-third Company, Second Battalion Veteran Reserve pension of $30. Corps, and pay him a pension of $30. Thomas Chase, late third assistant engineer, United States William A Fiske, late of Company I, Third Regiment New Navy, and pay him a pension of $24. Hampshire Volunteer Infanh·y, and pay him a pension of $30. Peter Claude, late of Company G, Twenty-eighth Regiment James T. Johnson, late of Company H, Eighty-first Regiment Ohio Volunteer Infantry, and pay him a pension of $15. Illinois Volunteer Infantry, and pay him a pension of $30. John Stuckey, late of Company K, Third Regiment New Jer­ Eber· B. Priest, late of Companies B and C, Fourth Regiment sey Volunteer Infantry, and pay him a pension of $30. California Volunteer Infantry, and pay him a pension of $30. George W. Ellis, late of Company G, Ninth Regiment Iowa Henry J. Porter, late of Company G, Second Regiment Vet­ Volunteer Infantry, and pay him a pension of $30. eran Reserve Corps, and pay him a pension of $30. Thomas Ashton, late of Troop K, Second Regiment United Joseph Woodland, late of Company B, Thirty-second Regi­ States CaYalry, and pay him a pension of $30. ment Iowa Volunteer Infantry, and pay him a pension of $30. Isaac Daniels, late of Company I, Fiftieth Regiment Pennsyl­ Harry R. Bentz, the totally helpless and crippled son of Tania Volunteer Infantry, and pay him ·a pension of $24. Adam C. Bentz, late of Company B, Two hundred and fifth George H. Scougale, late of Company F, Ninth Regiment Regiment Pennsylvania Volunteer Infantry, and pay him a Michigan Volunteer Infantry, and pay him a pension of '30. pension of $12. Mary Elizabeth McOann, widow of ·william P. l\IcCann, late Angie E. Kerr, widow of Benjamin S. Kerr, late first lieu­ commodore, retired, United States Navy, and pay her a pension tenant and captain Company D, Thirty-eighth Regiment Wis­ of $40. consin Volunteer Infantry, and pay her a pension of $17. Cornelius Teal, late of Company B, Fifteenth Regiment Iowa Edwnrd Thompson, late first lieutenant Company H, Sixty­ Volunteer Infantry, and pay him a pension of $30. ninth Regiment Pennsylvania Volunteer Infantry, and pay him George H. Mcintire, late of Company C, EleYenth Regiment a pension of $30. Kansas Volunteer Cavalry, and pay him a pension of $30. William Shattuck, late of Company B, Twenty-seventh Regi­ Henry C. Doyle, late of Company G, One hundred and forty­ ment New York Volunteer Infantry, and pay him a pension of seventh Regiment Illinois Volunteer Infantry, and pay him a $30. pension of $30. Jacob H. Dewees, late lieutenant-colonel Thirteenth Regiment Ruhamah D. Sawyer, widow of James W. Sawyer, late of Pennsylvania Volunteer Cavalry, and pay him a pension of $50. First Battery Wisconsin Volunteer Light Artillery, and pay her William I. Dossett, late of Company C, Forty-eighth Regiment a pension of $20. Illinois Volunteer Infantry, and pay him a pension of $24. George F. Pond, late of Company C, Third Regiment Wiscon­ Sidney F. Sanborn, late of Company F, Fifty-third R egiment sin Volunteer Cavalry, and pay him a pension of $24. New .York Volunteer Infantry, and Captain Houghton's com­ Lindly Cox, late of Company G, One hundred and thirty­ pany, New Hampshire :Militia Infantry, and pay him a pension fifth Regiment Indiana Volunteer Infantry, and pay him a pen­ of $20. sion of $24. Thomas A. Walters, late of Company B, Tenth Regiment In­ Charles H. Edwards, Jafe of U. S. S. New London, United diana Volunteer Cavalry, and pay him a pension of $24. States Navy, and pay him a pension of $30.

I 1908~ CONGRESSIONAL RECORD-SENATE .. 5.415

Caleb H. Ellis, late eapta.in Company E, Thirty-first Regi­ The VICE-PRESIDENT. 'l'hat bill was laid aside tempo-­ ment .Maine Volunteer Infantry, and pay him a pension of $50. raril'y at the request of the- Senator from Maine [1\lr. Fn.YEJ. James Whyte, late of Company D, Eighteenth Regiment Mr. BRANDEGEE. And it had been previously made by Illinois Volunteer Infantry, and Signal Corps,. United States order of the Senate the tm.finislled business? Army, and pay him a pension of $30. The VICE-PRESIDENT. It was made the unfinished busi­ James L. Foss, late of Company A., Twenty-se"\ienth Regi­ ness by unanimous consent this morning. ment Maine Volunteer Infantry, and pay him a pension of $30. Tbe bill ( S. 6845) granting pensions and increase of pensions Sarah E. Dodd. widow of Benjamin F. Dodd, late of Com­ to certain soldiers and sailors of the civil w11.r, and to certain ' pany K, Third Regiment Missouri Volunteer Cavalry~ and pay helpless and dependent relatives of such soldiers and sailors, her a pension of $12. was considered as in Committee of the Wbole. It proposes to Edwin Smith, late of Company G, Sixth Regiment Iowa pension at the rate stated per month the following persons: Volunteer Cavalry, and pay bim a: pension of $30. Marvin Boget, late of Company I, Twenty-second Re;iment Tbo.mas N~ Bray, late of Company B, Twenty-third Regiment Michigan Volunteer Infantry, and pay hi.rri a pension of· $2"4. Wisconsin Volunteer Infantry, and pay him a pension of $24. Rollin A.. Pratt, late of Company K, First Regiment Michigan Evelina H. Sewall, widow of Frederic D. Sewall, late colonel Volunteer Infantry, and pay him a pension of $24. Tbird Regiment Veteran Reserye Corps, and pay her a pension Charles- Moyer, late of Company G, Forty-se\.entb Regiment of $40. Pennsylvania Volunteer InfantrJ"~ and pay him a pension of $24. Peter Dwyer, late of Companies C and E, Eighth Regiment Fannie J. Sargent, former wife of John B. Sargen4 late of United States Infantry, and pay him a pension of $24. Company B. Tenth Regiment New· Hampshire Yolunteer In­ Eli H. Yotmg, late of Company I, Second Regiment Maine fantry, and pay her a pension of $1.2. Volunteer Infantry, and pay him a pension of $12. Kate Spencer, widow of Charles B. Spencer, late acting sec­ Charles Crane, late of Company A., Sixty-third Regiment ond assistant engineer, United States Navy. and pay her a pen· Indiana Volunteer Infantry, and pay him a pension of $24. sion of $12. Louisa January, widow of Ho-race January, late second lieu­ tenant Company H, Forty-fifth Regiment Kentucky Volunteer Edward Seela.n.d, late of Company C, Third Regiment Michi­ Mounted Infantry, and pay her a pension of $15. gan Volunteer Infantry~ and pay him a pension of $24. Alonzo B. Curtis, late of Company D, First Regiment Wiscon­ Hugh T. Crockett, late of. Company A., Forty-sixth Regiment sin Volunteer Cavalry, and pay him a pension of $3.0. Indiana Volunteer Infantry. and pay him a pension of $-10.~ Thomas Handly, late of Company G. Second Regiment Mis­ John P. Buekley, alias Newton J. Pilcher, late of Compans souri Volunteer CaYalry, and pay him a pension of $24. G, Fourteenth Regiment Iowa Volunteer Infantry, and Com­ Margaret Thompson, widow of William Thompson, late cap­ pany A, Residuary Battalion, Fourteenth Regiment Iowa Vol­ tain of the forecastle, U. S. S. Morning. Light, Princeton, and unteer Infantry, and pay him a pension of $30. Hartford, United States Navy, and pay her a pension of $16-. Lssacher R. Waggener, late of Company H, Twenty-fifth Reo-i­ I William A.. Champlain~ late second lieutenant Company D, ment 1\fissouri Volunteer- Infantry. and Company hl. First \· ReO'iment Missouri Volunteer Engineers, and pay him a pension J Eleventh Regiment Rhode Island Volunteer Infantry, and sec­ / ond lieutenant Company C, Forty-fifth Regiment United States of $3(}, Colored Volunteer Infantry, and pay him a pension of $24. Robert W. Malcolm, late of Company .A, Twenty-second Regi­ Mary C. Hayes, widow of Oren T. Hayes, late first lieutenant ment Michigan Volunteer Infantry, and pay him a pension of Company H, First Regiment Minnesota Volunteer Infantry, and $30. major, Jj1.rst Regiment Minnesota Volunteer Mounted Rifles, Jason P. Carey, late of Company K, Sm-enth Regiment Mary­ and pay her a pension of S30~ land Volunteer Infantry, and pay him a pension of 50. Cyrus Wellington, late of Company H, Ninth Regiment Iowa Constantin G. W. Bischofl". late of Company F, Fifth Regi­ Volunteer Infantry, and pay him a pension of $30. ment Rhode Island olunteer Heavy Artillery, and pay him a Jennie Hammond, widow of Milton S. Hammond, late of Com­ pension of $30. pany E, One hundred and :forty-ninth Regiment New York Vol­ John W. Cullimore, late second lieutenant Company F, First unteer Infantry, and pay her a pension of $12. Regiment Missouri Volunteer Cavalry, and pay him a pension George W. Bennum, late of Company B, SL"rth Regiment Dela­ of $30. ware Volunteer Infantry. and pay him a pension of $30. .Jefferson H. Mo-ntgomery, late second lieutenant Company B. Emily D~ Carnagua, widow of James W. Carnagu.a, late of Seventy-fifth Regiment Indiana Volunteer Infantry, and pay Comp..'lll.Y H, Thirteenth Regiment Indiana Volunteer Infantry, him a pension of $30. and pay her a pension of $12. Thomas Town~end, late principal musician Fifteenth Regi­ of Thomas Hooper, late Company F, Third Regiment Colorado ment United States Colored Volunteer Infantry, and pay him Volunteer Infantry, and Company H, Second Regiment Volun­ a pension of S30~ teer CaYalry, and pay him a pension of $..10. I~aura M. Granger, widow of Paul L. Granger. late of Com­ Charles Rice, late of Company c.. Eighty-third Regiment pany B, Thirty-seyenth Regiment Massachusetts Volunteer In­ Pennsylvania Volunteer Infantry, and pay him a pension of$~. fantry, and pay her a pension of $12. William Relph, late of Company C, Seventy-second Regiweut. Mr. BRIGGS. On page 11, line 3, I desire to have a correc­ and C-ompany E, Thirtieth Regiment~ Indiana Voluntee-r In­ tion in the name made. I move to strike out " Ella " and insert fantry, and pay him a pension of $36. " Ellen," so as to read: Daniel Caswell, late of Company E, Fourth Regiment Ohio Volunteer Infantry, and pay him a pension of $30. The name of Ellen A. Smith, widow of Col. Andrew K Smitb, late surgeon. United States Army, retired, and pay he:r a pension at the Emma A.. Henry, widow of George E. Henry, late captain rate of $30 per month. Company B, First Regiment .Massachusetts \'olunteer Infantry / The amendment was agreed to. and pay her a pension of $20. • l\fr. McCUMBER. On the same page-page 11-I move to John Worrel, late captain Company G, Ninety-ninth Regiment strike out lines 22, 23, and 24, and lines 1 and 2, on page 12. Indiana Volunteer Infanh·y, and pay him a. peusion of o • The reason for this amendment is that an identical bill has been Philip D. Gibson, late of Company C, Fifty-first Regiment passed by the House and is now included in the House omnibus Massachusetts MUitia Infantry, and pay him a pension of $24. pension bill. Thomas W. Manchester, late captain Company B, Ninety­ The VICE-PRESIDENT. The amendment will be stated~ seventh Regiment United States Colored Volunteer Infantry, The SECRETARY. On page 11, strike out lines 22, 23, and 24, and pay him a pension of $30. and lines 1 and 2, on page 12, as follows : Margaret K. Hern, widow of David W. Hern, late of Companv The name of Peter Claude, late of Comt.Jany G, Twenty-eighth Regi­ B, Fourth Regiment Minnesota Volunteer Infantry, and pay her ment Ohio Yolunteer Infantry, and pay him a pension at the rate of a pension of $24. $15 per month, the same- to be paid him without deduction or rebate on account of former alleged oyerpayments or erroneous payments of John Hancock, late major and assistant adjutant-general.,. pension. United States Volunteers, and pay him a pension of $50. The amendment was agreed to. Samuel H. Hurst, late lieutenant-colonel Sen~nty-third Regi­ The bill was reported to the Senate as amended, and the ment Ohio Volunteer Infantry, and pay him a pension of$;)(). amendnlents were concurred in. The bill was reported to the Senate without a menum cnt. or­ T he bill was ordered to be engrossed for a third reading, read dered to be engrossed for a. third reading, read the third time, t the third time, and passed. • and passed. Mr. BRA.li."'DEGEE. I desire to make an inquiry as to the The bill ( S. 6846) granting pensions and increase of pensions or(]Cr of business. Whnt is the status of Senate bill 4 1Z, to to certain soldiers and sailors of the Regular Army and Navy regulate the employment of child labor in the District of and certain soldiers and sailors of wars other than the civil I Columl>ia? war, and to dependent relatiYes of such soldiers and sailors,. / 5416 CONGRESSIONAL RECORD-SEN ATE. APRIL 29, was considered as in Committee of the Whole. It proposes to June 11, 1906, entitled "An act to provide for the entry of pension at the rate stated per month the following persons: agricultural lands within forest reserves." John McGuire, late of Troop C, Seventh Regiment United The Secretary read the bill, and there being no objection, the States Cavalry, and pay him a pension of !j)24. Senate, as in Committee of the Whole, proceeded to its con­ George W. Walter, late of Troop A, Eighth Regiment United sideration. States Ca>alry, and pay him a pension of $20. The bill was reported from the Committee on Public Lands Elizabeth Smith Tennent, dependent sister of Edward Smith with an amendment, in line 8, before the word "Ventura," to Tennent, late of Company A, First Regiment Louisiana Vol­ strike out " San Luis Obispo, Santa Barbara," so as to make unteer Infantry, war with Spain, and pay her a pension of $8. the bill read : Jason A. Pelton, late of Company F; Thirty-second Regiment Be it enacted, etc., That an act entitled "An act to provide for the Michigan Volunteer Infantry, war with Spain, and pay him a entry of agricultural lands within forest reserves," approved June 11, pension of $20. ' 1906, be amended by striking out of section 1 the following words : " except the following counties in the State of California : Inyo, Tulare, Augusta Burchard, widow of William Burchard, late lieuten­ Kern, Ventura, Los Angeles, San Bernardino, Orange, Riverside, and ant, Battery A, First Virginia United States Volunteers, and San Diego." pay her a pension of $17. The amendment was agreed to. Emil Kuhblank, late landsman U. S. S. Palos, Unit~d States The bill was reported to the Senate as amended, and the Navy, and pay him a pension of $12. amendment was concurred in. Ellen Bernard Lee, widow of Fitzhugh Lee, late brigadier­ The amendment was ordered to be engrossed and the bill to general, United States Army, and pay her a pension of $50. be read a third time. Laura M. Schofield, widow of William B. Schofield, late major The bill was read the third time and passed. and paymaster, United States Army, and pay her a pension of $40. SOUTHERN APPALACHIAN AND WHITE MOUNTAIN RESERV:ATIONS. Augusta L. B. Curry, widow of Manly Bowie Curry, late 1\fr. BRAJ\TDEGEE. I ask unanimous consent for the pres- major and paymaster, United States Army, and pay her a pen­ ent consideration of the bill (S. 4825) for acquiring national sion of $40 per month, and $2 per month additional on account forests in the Southern Appalachian Mountains and White of each of the mfuor children of the said l\Ianly Bowie Curry Mountains. The bill has been heretofore read, 1\fr. President, until they reach the age of 16 years. and amended. Charles ll. Roth, late of Company A, Twenty-second Regi­ The VICE-PRESIDENT. Is there objection to the present ment United States Infantry, and pay him a pension of $24. consideration of the bill? Willis J. Freeman, late of Company K, Second Regiment Ten­ Mr. TELLER. Ur. President-- nessee Volunteer Infantry, war with Spain, and pay him a pen­ 1\Ir. BRANDEGEE. I understand the Senator from Colo­ sion of $17. rado desires to offer an amendment. Bartolo Canova, late of Captain Mickler's independent com­ Mr. TELLER. I desire to make some remarks on the bill. pany, Florida 1\founted Volunteers, Seminole Indian war, and I have some memoranda which I have not here this morning, pay him a pension of $16. because I did not understand the bill was coming up to-day. It l Mr. CLAY. I mo>e to amend, on page 3, line 1, by striking the Senator will let it go over until to-morrow I will have my l out " f~ " and inserting " fifty " before the word "dollars." memoranda here and be ready to discuss the bill. If I had The VICE-PRESIDENT. The amendment will be stated. known early this morning that the bill was coming up, I could The SECRETARY. On page 3, line 1, before the word "dollars," have had my papers here and could have spoken to-day. strike out "forty" and insert "fifty," so as to read: Mr. BRANDEGEE. Of course I shall comply with the re­ The name of Augusta L. B. Curry, widow of Manly Bowie Curry, quest of the Senator, Mr. President; but I desire to state that late major and paymaster, United States Army, and pay her a pension the occasions upon which we recur to the Calendai· are so at the rate of $50 per month in lieu of that she is now receiving, and $2 per month additional on account of each of the minor children of few, the session is approaching its end so rapidly, and the im­ said Manly Bowie Curry until they reach the age of 16 years. portance of this bill, in my opinion, is so great that I hope The amendment was agreed to. the Senator will not again ask me to let it go over when it is The bill was reported to the Senate as amended, and the reached. amendment was concurred in. 1\fr. TELLER. I will say to the Senator that, having noticed The bill was ordered to be engrossed for a third reading, read now that he expects to bring the bill up, I will get my papers the third time, and pa&Sed. and keep them on my desk so that I will be ready to proceed. SHAD HAT HERY ON THE KENNEBEC RIVER, MAINE. The VICE-PRESIDENT. The bill will lie over at the re· quest of the Senator from Colorado. Mr. FRYE. There is a >ery small, insignificant bill which I should like to ha>e passed. It is the bill (S. 6460) to establish EXECUTIVE SESSION. a shad hatchery on the Kennebec River, in the State of Maine. Mr. ALDRICH. I move that the Senate proceed to the con­ The Secretary read the bill; and there being no objection, sideration of executive business. the Senate, as in Committee of the Whole, proceeded to con­ The motion was agreed to, and the Senate proceeded to the sider the bill. consideration of executive business. After eight minutes spent. The bill was reported from the Committee on Fisheries with in executive session the doors were reopened. an amendment, in line 7, after the word "point," to sh·ike out STEAM VESSEL PASSENGER LISTS. "at or near Gardiner," so as to make the bill read: 1\Ir. DEPEW. I ask unanimous consent for the present con­ [ Be it enacted, etc., That the sum of $15,000, or so much thereof as \ may be necessary, be, and the same is hereby, appropriated for the sideration of the bill (S. 6417) to amend sections 4467 and 4463 establishment of a shad hatchery in the State of Maine, including pur­ of the Revised Statutes. chase of site, construction of buildings and ponds, and equipment, at There being no objection, the Senate, as in Committee of the some suitable point on the Kennebec IUver, to be selected by the Secre­ tary of Commerce and Labor. Whole, proceeded to consider the bill, which bad been reported from the Committee on Commerce with amendments. The amendment was agreed to. 1\fr. CULBERSON. I ask the Senator from New York to The bill was reported to the Senate as amended, and the explain briefly the purpose of the bill. amendment was concurred in. 1\fr. DEPEW. Mr. President, under the old law all steamers The bill was ordered to be engrossed for a third reading, read carrying passengers had to give their names, addresses, and the third time, and passed. residences. In the case of excursions, which are frequent to-day CONVENTION OF ORDER OF ELKS AT DALLAS, TEX. in New York, it is discovered to be absolutely impossible to 1\Ir. CULBERSON. I ask unanimous conse!J.t for the present comply with the requirement on excursion steamers. This bill consideration of the joint resolution (H. J. Res. 155) authoriz­ is to preserve the law so far as seagoing vessels are concerned, ing the Secret:;try of War to loan certain tents for use at the but to relieve the excursion steamers, so that they shall give to national convention of the Benevolent and Protective Order inspectors an account of the number, but not a list of the of Elks to be held at Dallas, Tex., in July, 1908. names, of passengers for short trips. The Secretary read the joint resolution, and there being no 1\Ir. FRYE. There are committee amendments to the bill. objection, the Senate, as in Committee of the Whole, proceeded The VICE-PRESIDENT. The committee amendments wlil to its consideration. now be stated. The joint resolution was reported to the Senate without The amendments of the Committee on Commerce were, on amendment, ordered to a third reading, read the third time, page 1, line 11, after the word "for," to insert "Provided, how­ and passed. ever, That a correct list of passengers received and delivered LANDS IN CALIFORNIA. from day to day shall be kept, instead of a correct count, by the Mr. FLINT. I ask unanimous consent for the present con- masters of seagoing passenger steamers in the coastwise trade aideratio:p. of the bill (H. R. 11778) to amend an act approved I and by the masters of passenger steamers on the Great r.. akes ( \ 1908. CONGRESS! ON AL RECORD-SENATE. 5417

on routes exceeding 300 miles; " and on page 2, line 8, after the The SECRETARY. On page 2, section 2, line 1, before the word word " count," to insert " or list," so as to make the bill read: "hundred," it is proposed to strike out "six" and insert Be it enacted, eto., That sections 4467 and 4468 of the Revised Stat­ "one; " and in the same line, before the word " acres," to utes be amended so as to read as follows: strike out " forty " and insert " sixty," so as to make the sec­ "SEC. 4467. That the master of every passenger steamer shall keep tion read: a correct count of all the passengers recei>ed and delivered from day to day, which count shall be open to the inspection of the inspectors SEC. 2. That 160 acres of said reservation land is hereby granted to and officers of the customs at all times, and the aggregate number of the State of Montana, the same to be selected by the governor of said passengers shall be furnished to inspectors as often as called for: Pro­ State as near as may be in compact form and so as to embrace the post dded, how e.,;er, That a correct list of passengers received and delivered buildings and other improvements at Fort Keogh; and there is also from day to day shall be kept, instead of a correct count, by the mas­ granted to the incorporated city of Miles City, in said State, 1GO acres ters of seagoing passenger steamers in the coastwise trade and by the of said land, to be selected by the mayor of said city from land along masters of passenger steamers on the Great Lakes on routes exceeding the eastern boundary line of said military reservation; and the use and 300 miles. possession of 160 acres of said reservation land is hereby granted to " SEc. 4468. That every master of any passenger steamer who fails, the Custer County Fair Association, to be held, used, and enjoyed by through negligence or design, to keep a count or list of passengers as said association only so long and to such extent as said land is devoted required by the preceding section shall be liable to a penalty of $100." to the purpo~es of a county fair for the county of Custer ; the said land to be selected by the officers of said Custer County Fair Association The amendments were agreed to. as near as may be in compact form and so as to embrace the fair­ The bill was reported to the Senate as amended, and the ground improvements now existing: Provided, That each of said tracts shall be selected by the aforesaid officials, respectively, in legal sub­ amendments were concurred in. divisions within twenty days after the duly approved plats of the sur­ The bill was ordered to be engrossed for a third reading, read vey shall have been filed in the local land office and according to such the third time, and passed. regulations as the Secretary of the Interior may prescribe: A.11d pro­ vided further, That said city of Miles City shall by acceptance of the The title was amended so as to read: "A bill to amend sec­ aforesaid grant of land assume and discharge all obligations of the tions 4467 and 4468 of the Hevised Statutes, relating to lists of United States to control Tongue River in its course through the lands passengers on steam vessels." west of the present limits of said Miles City. SUBTREASURY BUILDING AT SAN FRANCISCO, CAL. The amendment was agreed to. Ur. PERKINS: I ask unanimous consent for the present The next amendment of the Committee on Public Lands was, consideration of the bill ( S. 3093) to provide for the enlarge­ in section 3, page 3, after the word "laws," in line 7, to sh·ike ment of the present site, or the purchase of a new site, and the out: Provided, That persons entering irrigable lands within the limits of erection thereon of a building for subh·easury purposes at San said reservations and other actual settlers in the vicinity may jointly Francisco, in the State of California. cause the nonirrigable lands thereof to be inclosed and may use the There being no objection, the Senate, as in Committee of the same jointly for pasturage purposes, subject to such rules and regula­ tions as the Secretary of the Interior may prescribe, and subject always Whole, proceeded to consider the bill, which had been reported to the right of any qualified person to enter any part or portion of such from the Committee on Public Euildings and Grounds with an nonirrigable land under the public-land laws. . amenrunent, on page 2, line 8, after the word" exceed," to strike So as to make the section read : out "one million" and insert "fiye hundred thousand;" and SEc. 3. That all portions of said reservation, exclusive of the grants in line 14 after the word "this" to strike out "act" and in- herein made and the possessory right given, which the Reclamation l sert " bill,~' so as to read : ' Service finds it impracticable to irrigate by artificial means, shall be That upon the present subtreasury site when so enlarged, or upon subject to entry under the public-land laws. the said new site when so acquired, the Secretary of the Treasury be, The amendment was agreed to. ' I and he is hereby, authorized and directed to cause to be erected a suit­ r able, commodious building, with heating, hoisting, and ventilating ap­ The next amendment was, to strike out section 4, as follows: I paratns, vaults, and approaches, complete, at a total limit of cost, in­ SEc. 4. That the sum of $130,000, or so much thereof as may be cluding additional land or a new site, as hereinbefore authorized, of necessary, is hereby appropriated, out of any money in the Treasury not not to exceed $500,000 : Provided, That the balances of appropriations otherwise appropriated, to carry out the provisions of this act; the heretofore made for the purchase of additional land for the enlarge­ ment of the site and for the extension of the subtreasury building in r:n~~- ~~cP~~:tn~~d~~d tg-~~c~~clamation funds as received from the said city of San !francisco, Cal., be, and the same are hereby, made available toward the purposes of this bill, and the limits of cost hereto­ The amendment was agreed to. fore fixed for enlargement of the present site and for the extension of The bill was reported to the Senate as amended, and the the subtreasury -building be, and the same are hereby, repealed. amendments were concurred in. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read 1\Ir. PERKINS. I desire to offer the amendment which I the third time, and passed. . send to the desk. I will say that I have submitted it to the NORTHERN CHEYENNES AND ARAPAHOES. chairman of the Committee on Public Buildings and Grounds Mr. DIXON. I ask unanimous consent for the present con­ • and that it meets with his approval. sideration of the bill (S. 6543) to authorize the expenditure of The VICE-PRESIDENT. The amendment proposed by the the unexpended balance of the appropriation for subsistence and Senator from California will be stated. civilization of the Northern Cheyennes and Arapahoes for the The SECRETARY. On pnge 2, line 9, after the word "Pro­ fiscal year ended June 30, 1907. videcl," it is proposed to strike out all down to and including the There being no objection, the Senate, as in Committee of the word " repealed," in line 16, as follows: Whole, proceeded to consider the bill, which had been reported That the balances of appropriations heretofore made for the pur­ chase of additional land for the enlargement of the site and for the from the Committee on Indian Affairs with an amendment, to extension of the subtreasury building in said city of San Francisco, strike out all after the enacting clause and insert: Cal., be, and the same are hereby, made available toward the purposes That the unexpended balance of the appropriation, in ptrrsuance of of this bill, and the limits of cost heretofore fixed for enlargement of treaty stipulations, for subsistence and civilization of the Northern the present site and for the extension of the subtreasury building be, Cheyennes and Arapahoes for the fiscal year ended June 30, 1907, be, and the same are hereby, repealed. and the same is hereby, appropriated and made available for the fiscal And to insert in lieu· thereof the following : year ending June 30, 1908. That the appropriation of 375,000 made in the act of June 30, 1906, The amendment was agreed to. entitled "An act to increase the limit of cost of certain public buildings, The bill was reported to the Senate as amended, and the to authorize the purchase of sites for public buildings, to authorize the erection and completion of public buildings, and for other purposes," amendment was concurred in. is hereby made available in addition to the limit of cost hereinbefore The bill was ordered to be engrossed for a thiJ.·d reading, read fixed. the third time, and passed. The amendment was agreed to. PHILADELPHIA CO:hfPANY. The bill was reported to the Senate as amended, and the 1\fr. GUGGENHEIM. 1\Ir. President, there are three short amendments were concurred in. bills of a similar nature on the Calendar, for which I desire tu The bill was ordered to be engrossed for a third reading, ask present consideration. First, I ask for the present consid­ read the third time, and passed. eration of the bill ( S. 6312) for the relief of the Philadelphia FORT KEOGH MILITARY RESERVATION, MON'l'. Company, of Pittsburg, Pa. 1\Ir. DIXON. I am directed by the Committee on Public There being no objection, the Senate, as in Committee of the Land~, to whom was referred the bill (S. 6156) proyiding for Whole, proceeded to consider the bill. It directs the Secretary the opening of the Fort Keogh 1\filitary Reservation to settle­ of the Treasury to pay to the Philadelphia Company, of Pitts­ ment, and for other purposes, to report it fayorably with amend­ burg, Pa., any statute of limitations to the conh·ary notwith­ ments, and I submit a report (No. 582) thereon. standing, $2,741.60, being the amount of taxes collected by the 1\fr. CARTER. 1\Ir. President, that is purely a local bil1, and United States under the war-revenue act of June 13, 1898. I asl;:: unanimous consent to have it considered at this time. Mr. BACON. I will ask from what committee the bill comes? There being no objection, the Senate, as in Committee of the The VICE-PRESIDENT. From the Committee on Claims. Whole, proceeded to consider the bill. The bill was reported to the Senate without amendment, or- The VICE-PRESIDENT. The amendments of the committee dered to be engrossed for a third readipg, read the third time, will be stated. and passed. / r' / · 5418 CONGRESSIONAL RECORD-SENATE. APRIL 29,

Mr. GALLINGER subsequently said: Mr. President, if I un­ money :for the Government and refuses to return it to those to derstood Senate bill 6312 correctly, the word "improperly" was whom the Supreme Court of the United States has said it not in the bill. It seems to me it ought to be. If the taxes belongs. were legally collected, they certainly ought not to be paid back. I am not going to do, of course, what I might do-try to The word "improperly" is in the second bill. If necessary, I arrest these small matters on account of that injustice; but I will move to reconsider the vote by which Senate bill 6312 was simply want to point out to the Senate, and I want the country passed in order that the amendment may be made. to see, the invidious distinction that is being drawn between The VICE-PRESIDENT. Without objection, the votes by those parties who are entitled to the cotton money by the which the bill was ordm·ed to be engrossed for a third 1·eading. decision of the highest court in the land and these parties who read the thircl time, and passed will be reconsidered, and the are now properly to be given their money under a decision of bill will be considered as open to amendment. the circuit court of the United States. l\Ir. GALLINGER. I :p:~.ove to amend the bill by inserting the Mr. CLAPP. 1\Ir, President-- word " improperly.'' The VICE-PRESIDENT. Does the Senator from Georgia The VICE-PH.ESIDENT. The amendment will be stated. yield to the Senator from· 1\Iinnesota? The SECRETARY. In line 9, before the word n collected," it is 1\Ir. BACON. I do. proposed to insert the word H improperly," so as to read "the Mr. CLAPP. I do not want to take the time of the Senate, amount of taxes improperly collected by the United States.'' but I want to most heartily acquiesce in what the Senator fl:om The amendment was agreed to. Georgia has said. The money is lying in the Treasury, it does The bill was reported to the Senate as amended, and the not belong to the Government, and it ought to be distributed to amendment was concurred in. tbe people who are entitled to it. I think I reported a bill a The bill was ordered to be engrossed for a third reading, read year or two ago for that very purpose. the third time, and passed. l\1r. BACON. Yes; and it has been reported four or five times LOGAN NATURAL GAS AND FUEL COMPANY. by the Senate Committee on Claims unanimously, without a 1\fr. GUGGENHEIM. I now ask unanimous consent for the dissenting vote. One of those reports was written by my hon­ present consideration of the bill (S. 3748) for the relief of the ored friend the Senator from Colorado [Mr. TELLER] when he was chairman of the committee. It has been reported four or Logan Natural Gas and Fuel Company, of Columbus, Ohio. five tin:ies by as many committees in as many Congre es iu the There being no objection, the Senate, as in Committee of the House of Representatives, and yet by one device and another Wbole, proceeded to consider the bill. It directs the Secretary the Senate of the United States steels itself against doing this of the Treasury to pay to the ~aa.n Natural Gas and Fuel Com­ pany (Incorporated), of Columbus, Ohio, $184.45, the amount of act of justice. taxes improperly collected by the United States under the war­ Now, I want to say, in order that I may not produce any mis­ apprehension, that, as I have said, there are over $10,000,000 revenue act of June 13, 189R arising from this fund-- The bill was reported to the Senate without amendment. or­ 1\Ir. CLAPP. Mr. President-- dered tp be engrossed for a third reading, read the thil·d time, 1\fr. BACON. Just let me finish the sentence. About half of and passed. it, however, does not belong to individuals. About half of it COL mrnus GAS AND FUEL COMPANY, was the money of the Confederate States, and, of course, is now Mr. GUGGENHEIM. I now ask unanimous consent for the properly the money of the United States. But there is about present consideration of tlie bill (S. 2911) for the relief of the $5,000,000, about which there is not a particle of dispute that Columbus Gas and Fuel Company. it was the property of individuals, which has gone into thQ There being no objection, the Senate, as in Committee of the Treasury of the United States, and there is no difficulty about Whole, proceeded to consider the bill, which had been reported it e."l:cept for Congress to authorize it to be paid out, under a from the Committee on Claims with amendments on page 4, judgment rendered by the Supreme Court of the United tates line 1, after the word "pay," to insert "out of money not other­ to the effect that it does belong to these individuals and does wise appropriated; " and in line 9, after the word "thousand," not belong to the United States. to strike out " six: hundred and eighty-two dollars and twenty­ I did not get up for the purpose of saying what might be un­ one," and bsert " eight hundred and twenty dollars and eighty­ pleasant, but I wished to emphasize and show that under pre­ one," so as to make the bill read: Cisely similar circumstances Congress is pursuing another Be it enacted, eto., That the Secretary of the Treasury be, and he is course. I mention it not with the expectation that anything he1·eby, authoriz:ed and directed to pay out of money not otherwise B;P­ will be done about it now, but with the hope that the matter propriated to tile Columbus Gas and li'uel Company, of Columbus, Ohio, successors to the Central Ohio Natural Gas and Fuel Company, of thus being brought to the attenion of the Senate will receh·e the • Columbus, Ohio, any statute of limitations to the contrary notwitb­ consideration and action to which it is entitled. standlng, the sum of $1,820.81, the amount of taxes improperly col­ The bill was reported · to the Senate as amended, and the lected by the United States under the war-revenue act of June 13, 1898. amendments were concurred in. The amendments were agreed to. The bill was ordered to be engrossed for a third reading, read Mr. BACON. 1\lr. President, I simply want to call the atten­ the third time, and passed. tion of the Senate to one matter. These three bills, as I under­ stand have all been recommended by the committee. Two of EXCHANGE OF GOLD COIN FOR GOLD BARS. them 'have already been passed, and the other is about to be Mr. PILES. I ask unanimous consent for the present con· passed because of the decision of the circuit court of the United sideration of the bill (S. 4263) to amend an act entitled "An States that these taxes were illegally collected. I am correct act to amend an act amending the act entitled '.An act to au­ in that, I think. thorize the receipt of United States gold coin in exchange for Mr. GUGGENHEIM. The Senator is correct. gold bars.'" Mr. BACON. I think it is proper, Mr. President, that the There being no objection, the Senate proceeded to consider bills should paEs. I do not think it consistent with the honor the bill, which had been reported from the Committee on of the United States to retain in its Treasury money that the Finance with an amendment, in line 4, on page 2, to strike out courts of the country have solemnly decided does not belong " or may impose a charge,'' so as to make the bill read : to the United States, but belongs to individuals. I simply call Be it enacted, etc., That the act entitled "An act to amend an act the attention of the Senate to the fact that, while as to these amending the act entitled 'An act to authorize the receipt of United States gold coin in exchange for gold bars,' " approved March 3, 1901, particular parties at interest these bills are passed by the be amended so as to read as follows : consent and approval of every Senator in the Chamber, there " That the superintendent of the coinage mints and of the United is to-day in the United States Treasury $10,000,000 that the States assay office at New York may, with the approval o! the Secre­ tary of the Treasm·y, but not otherwise, receive United States gold coin Supreme Court of the United States has solemnly decided does from any holder thereof in sums of not less than $250, and pay and not belong to the Government of the United States, but belongs deliver in exchange therefor gold bars in value equaling such coin so to individuals, the proceeds of cotton which was sold and received: Pt·ovided, That the Secretary of the Treasury may make, in the money put in the Treasury of the United States. That has his discretion, such exchange without charge therefor." been the standing decision of the Supreme Court of the United Mr. KEAN. May I ask the Senator from Colorado what is States for nearly forty years. The money is there, and there the change in existing law? is no dispute in the world about the fact that it does not belong 1\lr. TELLER. The general statute is that one may exchange to the Government of the United States. That has been de­ $5,000 or upward, and the Department recomme~ds this. Under termined by the highest court of the land. There has never it one may take $250 to the mint and exchange it. been an effort made by the Government to have a review of Mr. KEAN. I only wanted to know what is the proposed that decision, and yet Congress after Congress passes, and the change in existing law. It appears to be a very good bill. Congress of the United States, in the face of that solemn deci­ 1\.Ir. TELLER. There is a lettm· trom the Department say­ sion of the Supreme Court of the United States, keeps that ing it would be convenient to have the change made. 1908. OONGRESSIONAL RECORD-SENATE. 5419

SEC. 3. That excavations in the highways shall be made only under The VICE-PRESIDENT. The question is on agreeing to the permits from the Commissioners of the District of Columbia and sub­ amendment reported by the Committee on Finance. ject to regulation~ prescribed by them. The amendment was agreed to. SEc. 4. That the said pipe line and its appurtenances shall be con­ structed in a substantiul and durable manner, subject to inspection by The bill was reported to the Senate as amended, and the . the Commissioners of the District of Columbia. All changes to existing amendment was concurred in. structures in public space shall be made at the expense of the company. Tl1e bill was ordered to be engrossed for a third reading, SEC. 5. That the said company shall deposit such sums as the Com­ missioners of the District of Columbia may require to cover the cost read the third time, and passed. of inspection and the cost of changes to public works in the streets caused by the construction of said pipe line. LANDS OF THE CHOCTAWS AND CHICKASAWS. SEC. 6. That in the construction and maintenance of its pipe line Mr. DAVIS. I ask unanimous consent to call up the resolu­ the company shall leave the space along said pipe line in good condition, to the satisfaction of the Commissioners of the District of Columbia. tion introduced by me in relation to the lands of the Choctaws The said space shall be left in at least as good condition as that of the and Chickasaws. contiguous roadway or parking space. The VICE-PRESIDENT. The Senator from Arkansas asks SEc. 7. That nothing in this act shall prevent the District of Co· lumbia at any time, at its option, from altering the grade of the street present consideratio:s. for a resolution, which will be read. or highway occupied by said pipe line, or from altering and improving The Secretary read as follows : streets, avenues, highways, and the sewerage thereof; and the company Resol-r;ed, That the Secretary of the Interior be, and he is hereby, shall change its pipe-line construction and pavements so as to conform directed to inform the Senate without delay: to such grades and improvements as may have been or may be estab­ " 1. Whether there has been withdrawn from the common lands of lished. the Choctaws and Chickasaws any lands for inclusion in a forest SEc. 8. That the construction of said pipe line within the District of reserve or game preser·ve; and, if so, the number of acres so withdrawn Columbia shall be commenced within one year of the passage of this and by what authority of law said withdrawal was made. act and be completed within two years from the passage of this act, in " 2. Whether the lands of the Choctaws and Chickasaws are owned default of which this act shall be void and of no effect, and within by said Indians in fee-simple title or whether the Government of the sixty days from the passage of this act the said Takoma Springs Ice United States has, or claims to have, any interest therein. Company shall deposit with the collector of taxes of the District of " 3. Whether recognized and enrolled members of the Choctaw and Columbia the sum of $1,000 to guarantee the construction of said pipe Chickasaw nations hava been refused the right to select any of the line within the time herein limited, said sum to be forfeited to the common lands of the Choctaws and Chickasaws as their allotments, District of Columbia in the event of the failure of said company to because of any withdrawal of any of said lands for the purpose of commence or complete said construction as provided for herein. includi:ag said lands in a forest reserve or game preserve. SEC. 9. That each and every violation of the requirements of this act "4. Whether, under existing law, said Secretary has authority to shall be punishable by a fine of not less than $20 nor more than $100, sell and dispose of all unallotted common lands of the Choctaws and in the discretion of the court, such fines to be collectible in any court Chickasaws as soon as allotments have been made to all persons en­ of competent jurisdiction as other fines and penalties are collected in titled to allotment. the District of Columbia. "5. Whether said Secretary proposes or intends to sell and dispose SEc. 10. That the said Takoma Springs Ice Company shall furnish the of all unallotted lands of said Choctaws and Chickasaws as soon as Commissioners of the District of Columbia with a bond or bonds, or allotments have been made to all persons whose names appear on the such other security as said Commissioners may require, to guarantee rolls of ' citizens ' and freedmen of said nations, as approved by him, strict compliance with the terms of .this act and th.e conditions of any and to distribute the proceeds derived therefrom among said persons permit issued under authonty of sud act, and to msure the complete so enrolled to the exclusion of the blood citizens who have been denied restoration of all pavements and other public or private property enrollment. disturbed in laying said pipe line. " 6. Whether the act approved ;Tune 28, 1898, under which said rolls SEC. 11. That all the conditions, requiretnents, and obligations im­ w.ere made, directed said Secretary to enroll as Indians, or citizens of posed by this act shall be complied with by any of the successors to or the Choctaw or Chickasaw nations or tribes, all persons of Choctaw or assirrns of said company within said District. Chickasaw Indian blood who were bona fide residents of said nations SEc. 12. That this act shall take effect from and after the date of its I on the day said act was approved, regardless. of any assertion of right to That Congress reserves the right to alter, amend, or repeal / such enrollment by said person. pa~~~~ei3. " 7. Whether the names of all persons of Choctaw or Chickasaw this act. Indian blood appear on the rolls of said Indians as approved by him, and whether said rolls so approved are being used as a basis for the The amendment was agreed to. distribution of all the common property of said Choctaws and Chicka­ Mr. BACON. Does the bill come from the District Com- saws. mittee? " 8. Whether said Secretary proposes or intends to deprive all per­ The VICE-PRESIDENT. It is reported from the Committee sons of their distributive share of said common property who are of Choctaw or Chickasaw Indian blood, and who have been denied enroll­ on the District of Columbia. ment as citizens or Indians of said tribes, and thereby denied allotments The bill was reported to the Senate as amended, and the of lands as such through the negligence or mistake of administrative officers charged by law with the duty of making said rolls. amendment was concurred in. " 9. Why said Secr·etary has not reported the facts to Congress with The bill was ordered to be engrossed for a third reading, read reference to the rights of those persons who have been denied enroll­ the third time, and passed. ment as blood citizens of said tribes, in order that Congress might provide, by appropriate legislation, for the correct enrollment of said WESTERN POWER COMPANY. blood citizens. .. 10. Whether persons who are practically full-blood Indians or who 1\fr. FLINT. I ask unanimous consent for the present con­ are possessed of Indian blood and as such entitled under the law to sideration of the bill (H. R. 15725) to relinquish, release, and allotments of 320 acres of the average allottable lands have been en­ rolled as freedmen or negroes, and as such are entitled to only 40 acres confirm the title of certain lands in California to the Western of the average allottable lands of said tribes ; and whether said Secre­ Power Company. tary has transmitted to Congress proposed bills and recommended the There being no objection, the Senate, as in Committee of the enactment of same into law, which declare the enrollment records showing the enrollment of said Indians as freedmen or negroes final Whole, proceeded to consider the bill. and conclusive as to their blood." 1\Ir. BACON. I wish to h"TTOW from what committee the bill The resolution was considered by unanimous consent and comes? agreed to. 1\Ir. FLINT. From the Committee on Public Lands. / 1\Ir. DAVIS. I withdraw the former resolution for which The VICE-PRESIDENT. From the Committee on Public this is a substitute. Lands. ) The VICE-PRESIDENT. Without objection, the resolution The bill was reported to the Senate without amendment, is withdrawn. ordered to a third reading, read the third time, and passed. TAKOMA SPRINGS ICE COMPANY. STATUE OF GOVERNOR MASON, OF MICHIGAN. Mr. LONG. I ask unanimous consent for the present con­ Mr. SMITH of Michigan. I ask unanimous consent to call sideration of the bill (S. 4375) authorizing the Takoma Springs up the joint resolution (S. R. 38) granting to the State of Ice Company to lay a pipe line under certain streets and roads Michigan permission to use for its own purposes unused portions in the District of Columbia, and for other purposes. of condemned cannon granted to that State by joint resolution There being no objection, the Senate, as in Committee of of June 23, 1906. · the Whole, proceeded to consider the bill, which had been There being no objection, the Senate, as in Committee of the reported from the Committee on the District of Columbia with Whole, proceeded to consider the joint resolution. It proposes an amendment, to strike out all after the enacting clause and to grant permission to use the residue of the six bronze or insert: brass condemned cannon granted the said State of Michigan That the Takoma Springs Ice Company, a corporation, be, and it Is to make a life-size statue of Stevens T. Mason, late goyernor hereby. authorized to construct a pipe line along private right of way from the south side of Randolph place NE., crossing said Randolph of that State. place, also 8 and Fourth streets and Seaton place parallel with and The joint resolution was reported to the Senate without adjacent to the right of way of the Metropolitan branch of the Balti­ amendment, ordered to be engrossed for a third reading, read more and Ohio Railroad to T street at its intersection with Fifth the third time, and passed. street NEJ.; thence along Fifth street to Rhode Island avenue; thence along Rhode Island avenue to said Baltimore and Ohio right of way; SQUARE NO. 328, WASHINGTON CITY. thrthwest quurter, section The blll was ordered to be engrossed for a third reading, 21, township 10 south, 1·ange 16 west, New M-exico principal mer·idian, read the third time, and passed. New Mexic-o, embracing 80 .acres-; southwest quarter northeast quarter JOHN V. VICKERS. and -south half not·thwest quarter, -section 18, township 10 south, ra.nge 16 west, New Mexico principal meridlan, New Mexico, containina- 119.5~ Mr. PAYNTER. I ask unanimous consent for the present acres; north half northwest quarter, seetion 3, .and east half northeast quarter, section 4, township 10 sou.th, range lG west. of the Ne Mexico ~onsideration of the bill (S. 4313) for the .relief of John Y. principal meridian, New Mexico, .containing 160.55 acres; northwest Vickers. quat·ter southeast quarter and southwest quarter .northeast quarter, There being no objection. the Senate, as in Committee .of the section 35. township 9 south, range 16 west, <>f the New Mexico prin­ "\\Thole, proceeded to consider the bill, which had been reported cipal meridian, New Mexico, containing 80 acres; southwest quarter northwest quarter, north half southwest quurte- and south~ast quarter from the Committee on Public Lands with an amendment, on southwest quarter, section 17, township 9 south, ran.ge 15 west, of the nage 2, line 4, after the word "authorized," to strike out " and New Mexico principal meridian, New Me.x.ico, embracing 160 acres ; north half northeast ·quart&·, section 35, southeast quarter southeast required;" and in line 6, after the word "'Government,'' to quarter, section 26, southwest quarter southwest qu:.trter, section 25, strike out "to the end that the said J ohn V. Vickers, his heirs township 9 south, range il6 west, .and nerth half southeast quarter, or legal representatives, may be rein\ested with all the title southeast quarter nQrtheast quarter, section 30, and southwest quarter northwest quarter, section 29, tow.nship ~ south, range 15 west, <>f the which he has heretofore conveyed to the United States Go>eTn­ New Mexico principal meridian, New Mexico, containing 320 a~s; ment, or that he be authorized to a-ccept :and approve lieu se­ iots numbered 17, 23. and 24, in section -~ township 11 south, range ledions for the above-described lands in accordance w1th said 14 west, New Mexi-oo pr·incipal meridian, New Mexico, ·containing 1:!0 acres ; southwest quarter southeast quarter, southeast quarter south­ act of Congre ~s approyed June 4, 1.897, which was in force at w-est quarter, section 32, township 9 soutn, range 16 west, and nor·th­ the time the conveyances were made to the Government.n east quarter northwest quarter, section 5, and northwest quarter And to insert : northeast quarter ann northeast .quarter northwest .qu:u:ter, section 7, township 10 south, range 16 west. of the New Mexico principal me­ 'l'o the following-described .land, to wit: Southw~st quarter north­ ri dia.n, New M~xico, conta.i.ning 200 a.cr·es: P1·ovided, That the said cast quarter and southeast quarter northwest quarter nnd the west W~illiam EJ.. Moses makes satisfactory proof Qf such conveyance to the half southeast quarter, section 26, township 10 south, range G8 west Dnited States of said land by the submh:;sion of an abstract of title, of the sixth p;:incipai meridian, Colorade, embraeing 160 acres: Pro­ tf conveya.n.ee to ~ Un.ited States of the , arne, -z;idcd, T hat the s a id John V. Vickers makes satisfactory proof of such whieh said deed and abstract or abstracts shall be retained i.n the files conveyance to the United States o1' said land by the 'Submission of an of the General Land Office. abstract of title togetbe- with t1:J.e deed of eonv.eyanee to the UnUed States of the same, which said deed and ab:strad or abstracts shall be The amendment was agreed to. l'Ctained in the tiles of the General Land Otfice. The bill was reported to the Seilllte as .amended, and the So as to make the bill read: amendments were eoncurred in. Be it enacted, etc., "That the Co:mmissionei" of the General Land Office The bill was ordered to be engrossed for a third reading, read be, .a.ud he is hereby, Authorii&ed to :reconwy, by proper ·deed of con­ veyance, all title which the said John V. Vickers has vested in the the third. time, and passed. \ United States Government, to the following-described land, to wit: The committee reported an amendment to strike out the pre­ Southwest quart&· northeast quarter and outhea.st quarter northwest amble, which was agreed to. quarter and \\'"-est half southeast quarter, section 26, township 10 6 \ south range west of the sixth principal meridian, Colorado, em­ JUSTICES OF THE PEACE, DISTRICT OF COLUMBIA. bracing 160 acr·es : P r ovided, That the said John V. Vickers makes satisfactory proof of sueh conveyance to the United States of said Mr. DILLINGHAM. I ask unanimous consent for the present la.nd by the submission of an abstract of title together with tbe d eed of conv.eya.n()e to the United States of the same, which said deed and consideration of the bill ( S. 6359) to change the name and ab tract or abstracts shall be retained i.n the files of the General Land jurisdiction of the inf€rior court of justice of the peace in the Office. District of Columbia. The amendment was agreed to. There being no objection, the Senate, as in Committee of the The bill was reported to the Senate as amended, and the Whole, proceeded to consider the bill, 'which had been reported amendment was concurred in. from the Committee on the District of Columbia with amend- The bill TI"as ordered to be engrossed for a third reading, read ments. • the third time, and pas ed. The first amendment was, on page 3, line 4, after the word The committee reported an amendment to strike out the pre­ "law," to sh·ike out "and equity," so as to read: amble, which was agreed to. Any member of said c.ourt may try any -:!ase within its jurisdiction WILLI.AM E. MOS.ES. according to law, re,o-a.J.·dless of the place and .residence of the defendant therein.. Mr. PAYNTER. I ask unanimous consent for the present consideration of the bill ( S. 4312) for the relief of William El. The amendment was agreed to. 1\Ioses. The next amendment was, on page 4, line 1, after the \YQrd!J There being no objection, the Senate, as in Committee of the " salary of," to sh·ike out " three thousand n and insert "two Whole, proceeded to consider the bill, which had been reported thousand five hundred," so as to read: from the Committee on Public Lands with an amendment, on The judges of said court shall receive the same annual salary ot page .3, line 4, after the word "authorized,'' to strike -out~ and $2,500 heretofore provided fot· justices of the peace by section 6 of the CGde of Law for the District of Columbia. required ; " and in line 6, after the words ~· to the;" to strike out "end that the said William E . l\Ioses, his heir s or legal rep- The amendment was agreed to. .

1908. CONGRESSIONAL RECORD-SENATE. 5421

The next amtmd.ment was, on page 4, line 6, after the word :arr. BACON. They ru:e, then, in fact, made a court for the " ex:penses," to insert: purpose the Senator indicates; in other words, there is a In cases of absence on account of sickness, death, or expiration of the common scope of duty. term of service of either of the judges of the police court or of the lHr. DILLINGHAM. There is a common scope of duty. juvenile court, any one of the justices of the supreme court o~ .the District of Columbia may designate one of the judges of the mumc1pul l\Ir. BACON. There is a sphere of action; and while they court to discharge the duties o! said judges until such disability be do not preside together they belong to one organization, with removed or vacancy filled. The justice so designated shall take the a representative clerical officer, having connection with each same oath prescribed for these judges. of them and performing a. common duty for all of them. lHr. DILLINGHAM. I move that the committee amendment Mr. DILLINGHAM. That is the condition. be amended by striking out " In cases of absence on account of Mr. BACON. I ca.n see the purpose, but in the absence of sickness, death, or ex:piration of the term of service of either that suggestion it struck me as rather anom::tlous to call a of the judge " and inserting the words " In case of sickness. collection of judges a court when they never sat together. I absence, disability, ex:piration of term of service, or death of can see that the purpose designed is a good one a.nd justifies either of the judges." the name. The amendment to the amendment was agreed to. The bill was reported to the Senate as amended and the The amendment as amended was agreed to. amendments wet'e concurred in. The next amendment was, on page 5, line 16, after the words The b-ill was ordered to be engrossed for a third rea.ding, " by the " to strike out " court" and insert " clerk," so as to read the third time, and passed. rea.d: The assU:tant clerk may sign the name of the clerk to any official act AARON CORNISH. required by law or by the practice of the court to be performed by the Mr. BULKELEY. I ask unanimous consent to call up the clerk. bill ( S. 4806) to amend the military record of Aaron Cornish. '.rhe amf'..ndm<:'nt was agreed to. The Secretary read the bill, and there being no objection, the 1\fr. DILLINGHAM. I move that the word "same," in the Senate, as in- Committee of the Whole, proceeded to its consid­ last line on page 3, be stricken out. eration. The VICE-PRESIDEJ\TT. The Senator from Vermont pro­ The bill was reported from the Committee on Military Affairs po .. es an amendment, which will be stated. with an amendment, in line 7, after the word "organization," The SECRETARY. On page 3, strike out the word '"' same,n the to insert the following proviso : last one on the page, so as to read : · Pro,;iflea, That no pay, bounty, o:r other emoluments shall become · The judges of said court shall receive the annual salary o! $2,500. du.e or payable by virtue of the passage of this act. The amendment was agreed to. So as to make the bill read: 111r. DU~LINGHA.l\f. On page 4, line 2, after the word Be it enacted, etc., That the Secretary of War be, and he Is hereby, " dollars," I move to insert: authorized and directed to amend the records of the War Department in the case of Aaron Cornish late assistant surgeon, Ninety·seventh In lieu of th~ salary. Regiment New York Volunteer Infantry, and to grant him an honorable The amendment was agreed to. discharge !rom said organization; Pt·o,;ided, That no pay, oounty, or other emoluments shall become due or payable by virtue of the passage Mr. KNOX. I should like to inquire of the Senator from Ver­ of this act. mont whether the b.ill, as it now stands, excludes the equity jurisdiction of the court and confines it to the law jurisdiction? The amendment was agreed to. Mr. DILLINGHAM. It does. The bill was reported to the Senate a.s amended, and the 1\Ir. KNOX. I should like to know how it has been in the amendment was concurred in. past and how it is now. Does the court have equity jurisdic­ The bill was ordered to be engrossed for a third reading, read the third time, and passed. I tion? / l\Ir. DILLINGHAM. I did not understand that the court did RESTORATION OF ANNUITIESk have, but the committee thought it wise that those words be Mr. G~\rBLE. I ask unanimous consent for the considera­ stricken out. tion of the bill (S. 2405) for the restoration of annuities to l\Ir. BACON. I should like to ask the Senator from Vermont the Medawakanton and Wahpakoota (Santee) Sioux Indians a question. lie speaks of this as a court. Do these judges sit declared forfeited by the act of February 16, 1863-. ' in bane! The Secretary read the bill, and there being no objection the Mr. DILLINGHAM. The bill provides for the sessions of the Senate, as in Committee of the Whole, proceeded to its co~id· court in a single building, but separately, and the supreme eration. court judges direct the assignment of cases. The bill was reported from the Committee on Indian Affairs 1\Ir. BACOX It speaks of a certain number of judges con­ with an amendment, on page 3, after line 8, to strike out all stituting a court. They are in a somewhat different position. down to and including line 2, on page 4, in the following words: Each has the same rank, and each holds a court. It does seem P_roceedings shall be C?mmenced, verified,. by t:J;lc attorneys for said to me that if that is the scheme of the bill, that they simply sit Indians, who are authoriZed . b.y contra~ With sa1d Indians, on file in in the same building, but each judge holding a separate court, the Department of the Intenor, or aSSignees under said contract and the said cause shall be advanced on the docket of the Court of Clai.mt1 they do not together constitute nn inferior court. I do not think and of the Supreme Court of the United States if the same shall b~ that is a proper designation. They do not sit in bane. They appealed; and the court shall find and award to the attorneys of said I are not members of the same com·t. Each is a court in himself. Medawakanton and Wahpakoota ba.n.ds of Sioux Indians a sum not to exceed 10 per cent of the amount of said judgment, and distribute I think the bill ought to be changed in that particular. tile sum thus awarded to the attorneys and then· associates as their I listened attentively to the reading of the bill in order to respective interests may appear under agreements between themselves, learn in what way these judges would ever get together as a which may be filed with the cou.rt, and the Secretary of the Treasury is hereby di.reeted to pay the said sum of money to the said attorneys court. I do not understand that they do. But it is spoken of as immediately upon the rendition of final judgment and certification of a court, the inferior court, is it not? the. same ting justices receive deposits for costs and other purposes, pealed, and the court shall find and award upon a quantum meruit to and be accountable for such deposits to the auditor of the said attorneys and thek associates the compensation which shall be District may be done away with. The auditor bas grea.t paid to them for services rendered and to be rendered, and distribute the sum thus awarded to such attorneys and their associates as their difficulty in settling with the justices. The bill p?ovides, after respective interests may appear, under agreements amon~ themselves, bringing them together in this way, for the convenience of the which may be filed with the court. and the Secretary of the Treasury is hereby directed to pay the said sum of money, out of any mon~y public, really, that there shall be a clerk of this co~ who in the Treasury not otherwise appropriated, to the said attorneys im­ shall be under bond and shall receive all these depoSits and mediately upon rendition of final judgment, ent of the proceeds ot snch who shall receive all penalties, fines, and everything of that judgment, if any, when an appropriation thereof is made by Congress. kind, and shall also settle the accounts. The jm:isdietion of The amendment was agreed to. the justices is not changed materially. except in one case it Mr. KEAN. Before the bill goes any further, I oni)· see the increases the jurisdiction from three to five hundred dollars, last sentence in the report, which says: as a rna tter of com·enience. I respectfully return the inclosed bill without my approvaL

.... 5422 CONGRESSIS)NAL RECORD-SENATE. APRJL 29,

That is signed by the Acting Secretary of the Interior. That United States, President Lincoln, declared forfeited the entire is all I see. I have not read anything further, and I should like annuities that were to be paid under these particular provisions to have some explanation of it. · of the treaties. I think after due deliberation and after an in­ Mr. GAMBLE. l\Ir. President, that is very true. This bill vestigation without prejudice, those who have considered the was referred during the last Congress to a subcommittee, and matter are satisfied, not only from an historical standpoint but after a very full hearing before the junior Senator from North fTom the evidence adduced in the investigation of the question, Dakota [Mr. 1\fcCuMnER], the then Senator from Idaho, Mr. that the outbreak was the outbreak of certain individuals and Dubois, and myself it was reported to the full committee and not an outbreak of the entire tribe. In fact the older men of unanimously reported to the Senate. A similar bill had been the tribe and many of the younger men pe1!formed heroic en­ reported favorably prior to that time. A bill practically identi­ deavors not only to capture those who had committed the cal, covering the same facts and the claims of the Sisseton In- offenses, but also to protect the white settlers in that section . dians, was passed two years since and referred to the Court of of the country. Claims. That court heard and determined the case, and it was 'Ve have already deducted from the amount of those annui­ appealed to the Supreme Court of the United States and affirmed ties everything that we could consider 11roper as a matter for on the 24th of February of the present year. d~duction pertaining to the damages committed by these In­ This, .1\Ir. President, is the only case, I think, in the history dians. That has already been taken from their annuitie . of the Government where there has been a forfeiture of annui­ At this late date, after having punislled all who were guilty ties where they have not been restored. They were restored in of any offense, your committee were of the opinion that it was the case of the Sis~etons, to which I referred. The annuities an injustice to those who had been loyal to tlle Go,ernment to and property of the Five Civilized Tribes were forfeited in deprive them of that which properly belonged to them and their 18G2 and restored, and legislation further enacted even beyond children, and therefore we reported in favor of the pas ~ age the terms and conditions of the act of forfeiture. of the pending bill. If the Senator from New Jersey desires me to go fully into The Senator from South Dakota [Mr. GAMBLE] has already the matter, I am perfectly willing to do so, because, as I said, explained what I consider to be a very proper amendment to it was fully and thoroughly investigated by a subcommittee and the bill, relating to the payment of attorneys. It is h·ue that by the full committee, and this is the second time it has been this matter has been before the Senate for a great many years favorably reported. . and attorneys have been employed. We can not tell how rnnch This, of course, is simply to refer the claim to the Court of each one has performed. 1\Iost of them were employed under Claims, to hear and determine the amount, if any, that is due, contracts which provide for the payment of a certain percentage giving credit to all sums properly due the Government from of what was collected, but many others who were to receive the Indians, and if any balance is found due, to render judg­ even a less percentage, perhaps, performed many times the ment. It is a case that is equitable and proper and just. amount of work. So it was thought best that the court should Mr. KEAN. The Department does not seem to think so, dete-rmine not only who are entitled to anything, but also what however. amount, if any, they are entitled to receive. I think this pro­ 1\Ir. GAMBLE. The office took the same position in regard vision is quite proper. to the Sissetons. If I may enlarge by adding a few words, I Mr. GALLINGER. The Senator from North Dakota is fa­ will state that by the treaty of 1835 the Government pledged miliar with thls matter, and I should like to ask him if he to these Indians an annual annuity of $15,000 perpetually. By knows about what percentage ordinarily is paid to attorneys the treaty of 1851 the Government agreed to pay these Indians in these Indian cases. I noticed a while ago that a firm of at­ $61,400 for fifty years annually. torneys received $750,000 in fees. It struck me as being an I do not know that I need to refer to the outbreak of 18G~ in enormous amount. the State of Minnesota . . I have no apology to offer for the In­ 1\Ir. McCUMBER. It was an outrageous amount for the per­ dians who engaged in it. But the fact is, Mr. President, every formance of the labors, although there was very much at stake one of the Indians who participated in it either fled to Canada, in that case and the value of the property upon whlch their was shot and killed, was imprisoned, or was hung under sen­ service was rendered was very considerable. The amount tence. They have answered their punishment. The provisions agreed upon was probably not to exceed 10 per cent of the of this bill give nothing to those who participated in that judgment in favor of the Indians. outbreak. As the record shows, some 800 to 900 of these Mr. GAMBLE. I will say to the Senator from Ne'v Hamp­ Indians fled the country and went to Canada and still re­ shire that the original bill provided that a sum not to exceed main there. So all the guilty have been punished or are in 10 per cent should be paid, and we thought it wise to strike Canada. Thirty-nine of them were hung and the balance of that out and put in an amendment leaving it to the judgment them went to Canada. The provisions of the bill do not apply of the Court of Claims. to those. It is a meritorious measure, and I think it is justly Mr. GALLINGER. Does the Senator think with that pro­ proper that it should pass. vision left out of the bill the Indians will derive a benefit from · Mr. KEAN. I should like to ask the Senator another ques­ the change, the amendment leaving it in the hands of the tion. Does he not think that in the amendment proposed by court? the committee there ought to be some limitation on the amount Mr. McCUMBER. I certainly think so. I . think the court of fees, and so on? has been pretty fair ordinarily. In the other case the Senator .1\Ir. G~IBLE. I may say in reply that there were f!ifferent refers to, I do not think the court decided upon the quantum I attorneys employed in connection with this case, and this matter meruit, but upon the exact terms of the conh·act; that the court has been agreed upon between themselves. Ordinarily there held the contract was absolutely valid and it could not change have been, I will not say limitations, but a specific state-ment the terms of the contract. \ ~ as to 10 per cent or 15 per cent, whatever it might be; bnt Mr. GALLINGER. I have an impression about this particu-. this I think is a fair and just provision, because it leaves it to lar case, and I have looked at it several times, that we are a quantum meruit to be determined absolutely by the court. straining a point to appropriate this money at all. I think :Mr. K.EA.N. Not the amount of the fee. there was a war on the part of those people. Some of them Mr. GAMBLE. Yes; the amount of the fee is to be deter­ probably did not fight, but they did engage in a war, and some mined by the court, and I think that is much better than the of them, of course, lost their lives. other kind of a provision. I am not going to object to the bill, but I should like very l\Ir. McCUMBER. The Senator ~from New Jersey may have much to protect the Indians, so that they may get part of this perhaps a little better insight into this bill than others, but I money at least and that it shall not all go to attorneys. I am simply wish to call attention to the fact that the earlier treaties .afraid the Indians will not get any of it, because I have some that were made, not only with the Wahpeton and Sisseton knowledge, derived from other people, that as a rule the lawyers bands, but with what were known as the" Lower Sioux," bound get the most of it in such cases. those Indians not to make war against the Government of the Mr. CARTER. If the Senator will permit a suggestion, I United States. However, a provision was made in the treaty have no doubt that the committee made the change in contem­ itself by which if any of the members of the tribe should com­ plation of a possible reduction below 10 per cent. I suggest mence any act of aggression against the persons or property of that the bill be amended so as to read " in the discretion of the the whites, any damages committed by them might be de­ court, but not to exceed 10 per cent of the recovery." ducted from the amount that would be their due. 1\Ir. GALLINGER. That was originally in the bill, and I had Then the question arose whether the outbreak of 1862 was prepared an amendment to make it read "not to exceed in the an actual war committed by the tribes against the United aggregate 10 per cent of the judgment." States or whether it was an outbreak by individuals of that 1\fr. McCUMBER. I wish to say frankly to the Senator that tribe. Under the assumption that it was an actual war by the I think he is taking a step which will result in the very thing Indian tribes against the United States, the President of the that he does not want to accomplish. In other words, where 1908. CONGRESSIONAL ltEOORD-SENATE. 5423

you say that the court shall fix a sum not exceeding 10 per The bill was reported from the Committee on Irrigation and cent, I have noticed in e-very case of that 1..'ind the court has Reclamation of Arid Land£ wit'h an amendment, to strike out fued absolutely 10 per cent and has taken it as the expression all after the enacting clause and to insert : of a sentiment on tht: part of the lawmakers that that was the That the Secretary of the lnteTior is hereby authorized, 1n co-nnec­ intention. We did not feel that even 10 per cent might be justi­ tion with town sites established within or in the vicinity of any reclamation project under the provisions ol the acts of April 16, fied in this case, and therefore we thought, in view of what the 1906, and June 27, 1906, in fixing the terms of sale for lots to provide, court had done in another similar case, that it was best to in his discretion, for payments in cash or in not exceeding ten annual leaTe it entirely within the discretion of the court. installments. He is further authorized to expend from the proceeds of tile sn.les of town lots in any town site heretofore or hereafter estab­ .Mr. GALLINGER. Of course I yield to the judgment of the lished under said nets, such sums ·as in his discretion may be -neces­ Senator. sary for the construction of schoolhouses, water and sewe1· r,;ystems, if and other municipal improvements, and for the operation and main­ Mr. McCUMBER. I have no objection to the amendment tenance therof, the expenditures herein provided for to be JJULde through the Senator wants to have it that way. the Reclamation Service. The installments paid on the purchase of Mr. CARTER. I will not offer an amendment. lots shall be available foT ·such ·purposes to their entire extent as received. Upon the incorporation of any such town, ·which shall be Mr. GALLINGER. Upon the statement of the Senator from done as soon as practicable under the State or Territorial laws, the North Dakota and the Senator from South Dakota I will not offer Secretary of the Interior shall make no further expenditures for munici­ the amendment. 1\Iy onJy purpose has been to can attention pal improvements, except as may be .necessary to complete tboge to the matter in the hope that the Indians may be fairly dealt previously begun and to operate and maintain the works constructed rilltil such time after incorporation as the tow-n is organized and can with when the money is distributed; that is all. If Senators take over the management and care thereof, whereupon the ownership are satisfied that the court will safeguard their interests in this of the improvements shall be transferred by the Secretary of the respect, I ha T"e nothing further to say. Interior on behalf ol the United States to the proper toWD authori­ ties. 1\Ir. IcCUUBER. If the court should even fail to do that, SEc. 2. That the Secretary of the Interior is furt'ber authorized to when we appropriate the money to pay the judgment we could reserve from entry under the public-land laws such lands as may be it necessary tor cemetery purposes, either adjacent to such town sites see that was done. or at locations convenient for the purpose. He is further authorized to Mr. GAMBLE. Yes; we have tried to safeguard the rights make appropriate regulatioDs for the subdivision and sale of lots in of the Indians to the utmost of our :ability. said cemeteries at an appraised value through the neclamation Serv­ The bill was reported to the Senate :a-s .amended, and the ice until such time as the town shall be duly incorporated under the State or Territorial laws, after which the lots shall be dispo.sed of by amendment was concurred in. the town authorities, and the proceeds of such sales by the town The bill was ordered to be engrossed for a third reading, read authorities shall be used i'or cemetery improvements and for general the third time, and passed. public improvements. Tbe proceeds of such sales by the Reclamation Service shall be covered into the reclamation fund and be available for COURT-HOUSE .AND JAIL .AY£ YUMA, ARIZ. cE-metery :md gene1·al municipal improvements, subject to the pruvi­ sions of section 1 hereof. 1\Ir. BEVERIDGE. I ask unanimous consent for the pres­ SEc. 3. 'l'hat the survey, subdivision, and sale of lots for cemeteries ent consideration of the bill (S. -5820) ratifying -an act of the and town sites heretofore and hereafter established under said acts shall be conducted by tbe SecretaTy of the Interior through the Recla­ legislati\e assembly of the Territory of Arizona providing for mation Service. The proceeds of such sales shall be turned over to the the erection ef a court-house and jail at Yuma, in Yuma County, receiver of the local land office, and patents for the lots shall be issued Territory of .Arizona. in the usual manner through the General Land Office. The Secretary read the biTI, and there being no objection, the Mr. PILES. I moT"e to amend the amendment. Senate., as in Committee of the Whole, proceeded to its consid­ The VICE-PRESIDENT. The -amendment proposed by the eration. Senator from Washington to the .amendment will be stated. The bill was reported from the Committee on Territories with The SECRETARY. In section 1 of the amendment, page 3, line an amendment to insert at the end of the bill the .following 22, after the word "received," it is _proposed-- provisio: .Mr. CARTER. .Ur. President, .I ask the ..Senator nom Wash­ Provided, hotae.ve1·, That no more tlum $50,000 shall be issued under ington to kindly withhold the amendment he has offered for a the provisions of said act ; and said act is ratified only to that extent. few moments, as I ha're suggested certain amendments to the So as to make the bill read : Senator from Idaho [l\1r. BoRAH], which I think may well 'first Be it enacted, etc., That the act of the legislative assembly ol the be disposed of. Territory of Arizona, approved Murch 21, 1907, providing fur the erec­ I Mr. BORAH. If the Senator from Washington will withhold l tion of a court-bouse and jail iD the town of Yuma, Yuma County Territory of Arizona, is hereby :ratifie.d. approved, and co:nfirmed : Pro~ his amendment for a moment-- / vided, however, That no more than $50,000 shall be issued under the The VICE-PRESIDEl'l~. Does the Senator from Washington provisions of said act ; and said act is ratified only to that erteDt. yield to the Senator from Idaho? The amendment was agreed to. · 1\fr. PILES. I yield to the Senator from Idaho. The bill was reported to the Senate as amended, and the Mr. BORAH. I desire to suggest some amendments to the amendment was concurred in. committee amendment. In section 1., page 3, line 8, before the The bill was ordered to be engrossed for a third reading, read word" reclamation," I move to strike out the word "any," and the third time, and passed. to insert the words "the Minidoka." COURT-HOUSE AND JAIL IN MOHAVE COUNTY, ARIZ. The amendment to the amendment was agreed to. Mr. BEVERIDGE. I ask the .Senate to proceed to the con­ l\1r. BORAH. On page 3, line 8, :after the word "project," I sideration of the bill (S. 5816) ratifying ehapters 57 and 61 of move to insert the words "in Idaho." the session laws of the twenty-third Arizona legislative assem­ The amendment to the amendment was agreed to. bly providing for the issuance of bonds by Mohave County to 1\Ir. BORAH. "I also O'ffer an amendment after the word "in­ erect a court-house and jail in said county. stallments," in line 12, on page, 3, to insert «with interest at G The Secretary read the bill, and there being no objection the per cent per annum on deferred payments." Senate, as in Committee of the Whole, proceeded to its 'con­ The amendment to the amendment wus agreed to. sideration. Mr. BORAH. In line 15, on :page 3, after the word "acts," I The bill was reported to the Senate without amendment, or­ move to insert the words " on said project." · dered to be engrossed for a third reading, read the third time, The nmendment to the amendment was agreed to. Mr. BORAH. I now yield to the Senator from Washington. and passed. Mr. PILES. I now ask :that my amendment be stated. COURT-HOUSE .AT ST. JOHNS, .ARTZ. The VICE-PRESIDENT. The amendment proposed by the Mr. BEVERIDGE. I ask for the present consideration of the Senator from Washington will be stated. bill (S. 5818) ratifying an act of the Arizona legislature pro­ The 'SECRETARY. In section 1, on page 3, beginning in line 22, viding for the erection of a court-house at St. Johns, in Apache nfter the word "received," it is proposed to amend the amend­ County, .Ariz. ment by striking out all down to and ·including line 7, on page The Secretary read the bill, and there being no objection, the 4, as follows : Senate, as in Committee of the Whole, proceeded to its con­ Upon the incorpo.ratioD o! any such town, whlcb shall be done as sideration. soon as practicable under the State or Tenitorial laws, the Secretary The bill was reported to the Senate without amendment, or­ of the Interior shall make no further expenditures for municipal im­ provements, except as may be necessary to complete those previously dered to be engrossed for a third reading, read the third time, begun and to operate and maintain tbe works constructed until such and passed. time :rfter incorporation as the town is organized and can take over the management and care thereof, whereupon the ownership of the TOWN SITES IN RECLAMATION PROJECTS. improvements shAll be transferred by the Secretary of the Interior on Mr. BORAH. I ask for the present consideration of the bill behalf ol the United States to the p.roper town authorities. ( S. C018) providing for the disposition of town sites in connec­ The VICE-PRESIDENT. The question is on agreeing to the tion with reclamation projects, and for other purposes. amendment proposed by the Senator from ·washington to the Tlle Secretary read the bill, and there b_eing no objection, the amendment of the committee. Senate, as in Committee of the Whole, proceeded to its con­ .Mr. GALLINGER. .Mr. P.resident, before this bill is voted I I sideration. on I should like to get a little information about it. I j r 5424 ·CONGRESSIONAL RECORD- SEN ATE. APRIL 29,

The VICE-PRESIDENT. Does the Senator from New Hamp­ must be some method by which the people who are invited to shire rise to the pending amendment? liYe upon these lands must have educational means and must 1\lr. GALLINGER. No. have their health preserved and protected. As it is, they haYe The VICE-PRESIDENT. Without objection, the amendment no property to tax and no means by which to do this. This is a which has just been stated will be regarded as agreed to. simple process of carrying out to successful fruition the recla­ Mr. GALLINGER. I may be obtuse, and probably am-­ mation project. Mr. PILES. Mr. President, I should like to know if my 1\fr. GALLINGER. Mr. President, that very likely is so amendment has been adopted? theoretically. This is a paternal Government, or it is getting The VICE-PRESIDENT. The one which has been stated has to be a paternal Government. But it seems to me rather re­ been agreed to; but there is another amendment proposed by markable that, after we have gone into the reclamation project the Senator from Washington. and have provided that these Government lands shall be old Mr. GALLINGER. I will wait until that also is acted upon. for the purpose of irrigation, we should proceed to diYert a The VICE-PRESIDENT. The Senator from Viashington pro­ portion of the money to build up towns and gi're the people poses an additional amendment, which will now be stated. all the benefits that other people enjoy after they have ea rned ·. The SECRETARY. In section 2, on page 4, line 15, after the their money. In the matter of the irrigation project, I think words "Reclamation Service," it is proposed to amend the the money is to be reimbursed to the Treasury, but I do not ftiD:endment by inserting a period and beginning the following see that there is any provision in this bill that the money we word, "until," with a capital letter. expend here to build up communities is to be reimbur ed. The amendment to the amendment was agreed to. Mr. BORAH. Mr. President, that matter was thoroughly Mr. GALLINGER. I was about remarking, Mr. President-­ discussed before the DeparQ:nent and before the committee, n.nd Mr. CARTER. Before the Senator from New Hampshire as the bill was originally introduced it made provi io:;1 to that proceeds- effect; but it was the opinion of the Secretary of the Interior The VICE-PRESIDENT. Does the Senator from New Hamp­ and of those who are familiar with this matter that the in­ shire yield to the Senator from Montana? creased \alue of the lots by reason of this project would more Mr. GALLINGER. I will yield to the Senator from Montana. than compensate for the money expended. Mr. CARTER. I desire to call the attention of the ·Senator No-w, as an illustration, upon the project which we have in from Idaho [Mr. BoRAH] to the words "or Territorial" ap­ view in this bill there are two or three towns-that is, they pearing repeatedly in the bill. Those words have no applica­ purport to be towns-and side by side with this project is a tion there in view of the amendments which have been made. scheme, which is carried on under the Carey propo itiou, aml The words " or Territorial " may be stricken out in line 16, the difference in the price of lots on the same kind of land page 4._ before the word "laws." under the same conditions discloses yery clearly that it will Mr. BORAH. Mr. President-- not be a loss, but a perceptible gain to the Government. The VICE-PRESIDENT. Does the Senator from Montana Mr. GALLINGER. Well, Mr. President, I haYe in mind some yield to the Senator from Idaho? communities in New England, where they are struggling to get · Mr. CARTER. Certainly. a living on farms that are mostly rocks, that would be glad to 1\Ir. BORAH. I will state to the Senator from Montana ha Ye the Government step in and build schoolhouses and sewers that that entire clause will go out under the amendment sug­ for them and make them as comfortable as the people are out gested by the Senator from Washington [Mr. PILEs]. on the prairies of the West; but we ha\e never thought that 1\Ir. CARTER. Section 2 does not go out under the amend­ we had a right to come to Congress and ask for help of that ment. kind. 1\Ir. BORAH. A portion of it will. I can not to-day bring my mind to the conclusion that this - Mr. PILES. Yes; but I suggest another amendment. is good legislation. Of course it is going to benefit some poor Mr. BORAH. The next amendment which will be suggested people; of course it is going to build up towns and give them by the Senator, as I understand, is to section 2. educational and sewerage facilities that will be conduciYe to The VICE-PRESIDENT. The Senator from Washington health; but is that a legitimate object of government? HaYe [Mr. PILES] proposes an additional amendment, which will be we not gone far enough when the Government provides for the stated. sale of these lands for the purpose of irrigating them and mak­ The SE!JRETABY. In section 2, on page 4, line 15, after the ing them productive? Ought not the people on those lands word " Service," it is proposed to amend the amendment by then take care of themselves, as the people in all other sections striking out down to and including the words " public im­ of this country are compelled to take care of themselYes, to provements," on line 19, as follows: earn a living, and get funds for the purpose of lJuilding school­ Until such time us the town shall be duly incorporated under the houses, sewers, and other internal improvements? State or '.rerritorial laws, after which the lots shall be disposed of by the town authorities, and the proceeds of such sales by the town :Mr. PILES. Mr. President-- authorities shall be used for cemetery improvements and for general The VICE-PRESIDENT. Does the Senator from New Hamp­ public improvements. shire yield to the Senator from Washington? The amendment was agreed to. 1\lr. GALLINGER. Certain~y . Mr. PILES. That takes it all out. 1\fr. PILES. I think the Senator from New Hampshire is 1\Ir. GALLINGER. Mr. President, the amendment just laboring under a misapprehension. adopted removes from my mind some difficulties that I en­ Mr. GALLINGER. That is what I haYe feared, and I hm·e countered in hurriedly reading this bill. I was a very warm been asking for information on that point. \ ad\ocate of the legislation which has brought about these great Mr. PILES. This bill does not provide for the sale of a "Ti­ reclamation projects. That legislation contemplated or pro­ cultural lands and using the money deri\ed from such sale fo r posed the sale of Government lands for the purpose of reclaim­ sewage purposes in the country or for the construction of school­ ing certain arid and semiarid regions of the country. I \ery houses in the country; but the Government, not only in the likely do not tmderstand the purpose of this bill, but, in arid regions, but in all other sections of the country where tlle glancing at it, it seems to me we are now going to take some of Government owns public lands, reserves for public pm:po:-: s \ the money and build up town sites, build schoolhouses, put in certain town sites. ':rhis bill simply provides that the rnouey sewers, and do all sorts of things in the way of municipal im­ derived from the sale of the lots located within the limits of t t e provements. · Then, according to the bill as it was framed before towns shall be applied for the purpose of providing proper se"·agc the amendments just adopted, those improvements were going facilities, the consh·uction of schoolhouses, and so forth. All to be turned over to the municipal authorities a little later. of the property within the limits of the towns being GoY­ Am I right or wrong in that suggestion, I will ask the Senator ernment property,· there is no other way of getting the mouey from Idaho? for this purpose. · 1\Ir. BORAH. 'Veil, 1\Ir. President, the Senator is partially Mr. GALLINGER. Mr. President, that is an outright gift correct. Upon these reclamation projects certain towns ha\e on the part of the Go-vernment. It does not change the fact been organized. Those towns are without any means whatever a particle. The Government giyes the lands, the lots are sold, of raising money with which to construct schoolhouses or sew­ and the proceeds of those lots are used for internal improYe­ ers or any of those things which are essential both to the health ments. I feel, Mr. President, that I must object to the con­ and the education of the people. This is a condition which has sideration of the bill to-day, so that I can look into it a little been found to exist for some time upon these projects. more carefully. Now, it has become necessary in some way to build up the The VICE-PRESIDENT. Objection is made to the further schoolhouses and to provide means by which the health of the considera tion of the bill. people can be protected. This plan has been devised and ap­ Mr. BORAH. Mr. President, I will not, of course, object to proved by the Department and unanimously agreed upon and that, but I want to make a suggestion to the Senator before the approved by the committee. But it must be conceded that there bill goes over~ In looking into this matter he will find that the 1908. CONGRESS! ON AL RECORD-SEN ATE.

people who are being invited to purchase land under the recla­ dertake to extend its paternal arm over the activities of each mation projects, which the Government is much interested in little growing community in the country, thus paralyzing its having them do, are being embarrassed and retarded by the enterprise and pauperizing its sentiment. ' very fact that when they take their families there they take But the bill pending, 1\fr. President, was amended at the .them to a place where the Govemment has provided no means, suggestion of the Senator from Idaho by confining its pro­ be(ause there is no property there which can be taxed, by visions to a single irrigation project in his State, where I under­ which their education can be had or their health protected. The stood conditions were rather unusual, making the case a unique question is, .Is the Government not interested in having this one. So understanding, as a member of the committee, I was land sold under such conditions as will bring fair prices in the willing to assent to the passage of the bill, but I can not assent market? . to the passage of a · bill which will form a precedent for like Mr. GALLINGER. Of course those people are not compelled acts for other communities. If in this case, as stated, the con­ to go there any more than they are compelled to go to any other ditions are exceptional, let relief be granted, but it must be in part of our country where they are not provided with adequate the nature of relief on · this particular project. I believe it facilities for health and education. would be one of the worst things that could be done by Con­ Mr. McCUMBER. I should like to ask the Senator from New gress in the way of interfering with this Reclamation Service Hampshire, if he will allow me, if those lots would not become to enter upon this era of wild, unlimited construction in all the taxable for that purpose immediately after they are sold? activities connected with the growth of cities and towns and Mr. GALLINGER. They would probably become taxable; but villages in the country. The people will build these up them­ I should be glad to have the Government give me some property selves. that I could pay taxes on. I would even accept some in the 1\Ir. GALLINGER. Mr. President, before the bill goes over, I District of Columbia. ask that it be printed as amended, so that we may have it in Mr. McCUMBER. I am showing that when the land becomes proper form when we take it up again. taxable there is a method of raising money; that is all. The VICE-PRESIDENT. In the absence of objection, that Mr. TELLER. Mr. President, if the bill is going over, f do order is made, and the bill will go over at the request of the not care to take the time of the Senate to speak on it at length; Senator from New Hampshire. but, in my Judgment, there is nothing in the reclamation act REMOVAL OF RESTRICTIONS ON LANDS OF FIVE CIVILIZED TRIBES. that would justify this proceeding. Mr. OWEN. I ask unanimous consent for the present con­ 1\Ir. GALLINGER. That is right. sideration of the bill (H. R. 15641) for the removal of restric­ Mr. TELLER. The other day a question was raised whether tions from part of the lands of allottees of the Five Civilized that act did not provide for the purchase of land by the Gov­ Tribes, and for other purposes. ernment. I have read it with care, and I find that it does not. There being no objection, the Senate, as in Committee of the It is only where there may be necessity for dams or something Whole, proceeded to consider the bill, which had been reported of that kind that a fair. construction, perhaps, would allow the froin the Committee on Indian Affairs with amendments. purchase of land; but there is no authority in any reclamation The VICE-PRESIDENT. The amendments reported by the act for the Go,ernment to do anything more than that. committee will be stated. I have another objection to this bill, Mr. President. It inter­ 1\Ir. McCUMBER. Mr. President, before taking up the com­ feres with the school systems of the country. If I were gover­ mittee amendments, I wish to say that I desire to offer an nor of the State of Colorado, I would not allow the Government amendment that will include several of the committee amend­ of the United States to build a schoolhouse in the State of Colo­ ments. I do not wish to be precluded from offering my amend­ rado, and, as a citizen of that State, I should enter a very vig­ ment in Committee of the Whole by having the committee orous protest if the Government should attempt to do so. amendments agreed to. The whole proceeding proposed is within a State. It looks to l\1r. OWEN. That can be done by unanimous consent, it me as if the State that would come here and ask the Govern­ being understood that the Senator may present his amendment ment to build schoolhouses for it and to do other things, and without being precluded after the committee amendments have then plead the poverty of the people, must have got into tlte I been agreed to. l Union a little earlier than it should have done, or else the peo­ Mr. McCUMBER. With that understanding, I will withhold ple ha'e not a proper conception of their duty as citizens of that the proposed amendment. State. Mr. President, when this bill comes up again I shall 'l'he VICE-PRESIDENT. The Secretary will state the com­ ha'e something to say about it. mittee amendments. / 1\Ir. BORAH. Mr. President, just a word. The people are The first amendment of the Committee on Indian Affairs was, / not pleading po,erty at all; but the conditions under which the in section 1, page 2, line 1, before the word "Indian," to sh·ike reclamation act was passed and the conditions which now pre­ out " less than half" and insert "one-quarter or less than one­ vail preclude the possibility of taxing any property in that quarter;" in line 4, before the word "more," to strike out" half vicinity. · or;" in the same line, before the word "Indian," to strike out Mr. CARTER. Mr. President, with reference to the pending " half" and insert " one-quarter or less than three-quarters; " question, on the matter presented by the bill I desire, with the in line 7, before the word "or," to strike out "half" and insert indulgence· of the Senate, to say a word from the committee "one-quarter;" in the same line, before the word "Indian," to point of view. strike out " half" and insert " one-quarter; " in line 8, before j It is true that the Reclamation Service will proceed, whatso­ the word "and," to insert "including minors of such degree of ever may be done with the town lots in every reclamation blood;" in line 1.0, before the word" shall," to insert" including project. The town lots, under existing law, are to be sold for minors of such degree of blood; " and in line 20, after the word cash, and of course conveyance promptly made; and thus the "act," to insert: "No restriction of alienation shall be con­ I property will become taxable. When the money is paid in for strued to prevent the exercise of the right of eminent domain the town lots under existing law it is covered into the Treasury in condemning rights of way for public purposes over allotted to the credit of the reclamation fund, and so far reduces the lands. All restricted allotted land of allottees of the Five cost to the farmer of the reclamation of .each acre he may enter Civilized Tribes shall be subject to taxation where such land under the law. has been leased, but taxes thus levied shall not become a lien The bill as originally presented contemplated its application against the land, but shall be paid by the lessee, and shall be a to the entire country, and I think it is opportune to say that lien against any crops or values produced from the land," so with reference to this proposed departure it is true that the as to make the section read: Ueclamation Service is very aiL.'\:ious and has insistently urged That from and after sixty days from the date of this act the status that authority be given to construct schoolhouses, to build of the lands allotted heretofore or hereafter to allottees of the Five I waterworks, to lay sewer pipes, and to go into all the public Civilized Tribes shall, as regards restrictions on alienation or incum­ brance, be as follows : All lands, including homesteads, of said a!lottees utilities necessary for a community residing within a town site. enrolled as intermarried whites shall be free from all restrictions. All I feel that this would make of the Reclamation Service a gen­ lands, including homesteads, of said allottees enrolled as freedmen eral contracting agency for the Government, with 'ague and shall be free from all restrictions. All lands, including homesteads, of said allottees enrolled as of one-quarter or less than one-quarter Indian indefinite authority to contract and an interminable task laid blood shall be free from all restrictions. All lands, except homesteads, out for construction and interference with the legitimate activi­ of said allottees enrolled as mixed-blood Indians having more than one­ ties of a growing community. quarter or less than three-quarters Indian blood shall be free from all restrictions. All homesteads of said allottees enrolled as mixed-blood The American people, from the old town meeting in New Indians having one-quarter or more than one-quarter Indian blocd, in­ England up to this hour, have understood how to organize cluding minors of such degree of blood, and all allotted lands of enrolled municipalities and how to conduct them. It is a part of the living full bloods, including minors of such degree of blood, shall not be subject to alienation contract to sell, power of attorney, or any othet· educational work of each community to manage its own affairs, incumbrance, prior to April 26, 1931, except that the Secretary <:Jf the and I do not think it is wise policy for the Government to un- Interior may remove such restrictions, wholly or in part, under such XLII-34.0 I CONGRESSIO-NAL RECORD-SENATE. APRIL 29·, rule"!f and regulations concerning teriruJ of sale and disposal of' the a~cy minor is not being- properl-y cared for by the guardian or curator, proceeds for tlie benefit o! the respective Indium; a.s he may prescribe. . or- thai: the same- is, in :my manner being· dissipated o1~ wasted or being­ The Secretary of the Intedor shall not be IJrohibited by this a.et from permitted to deteriorate in.. value by reason of the negligence- or care­ continuing to remove restrictions as- heretofore. a.nd nothing. herein lessness or ineompetency of the guardians or curator, said representa­ shill be construed to impose restrictions remo-ved from land by or under tive- or representatives of the Secretary of the Interior shall have :my ln.w prior to tlie passage of this' ruzt No restriction. of alienation power-, etc. shall be eo.nstru.ed to prevent the ex11rcisa of the right of em-inent do- The amendment was agreed to. ~iJ.~~ -. in A1f~is~~~d r~otA~f Ii::a ~~r aR~~~~s ~fP~~ F1~~r c1~~1~:~ The next amendment was, on page 7, line 3, befol!e the word Tribes sha.ll be subject to taxation where such. la.nd ha.s been leased, but " curator,'' to strike out " and " and insert " or,'' sa ns to taxes thus levied shall not become a lien against the land, but sha.ll be paid by the lessee and shall be a lien. against- any crops or va!ues pro­ read~ duced from the land. The probate courts may, in their discretion, appoint any such repre sen.tative af the Secretary of the. Interior- as guardian o.r cm.:a.tor for Tile amendment w.as agreed to. such minors, without fee or charge~ The n.ext amendment was, on page 3·,, after lin.e 3'" to strike out was section 2, as follows ~ The amendment agreed to. SEC. 2. That all land allotted to. adult al1ottees- of the Five Civilized The next amendment was, an page 8, line 6r after the worwing : out " and " and insert " or ; •• in line. 9, before the word SEc. 11. That- the· Secretary of tlie Interior is- hereby- authorized andl " curator/' to. strike out " and" and®.sel!t ,... or; " and in line 12; directed to pay, out of any money in the Treasury of the United· States: belonging to the Chickasaw NatiODr any arul all outstanding general and before the word "cnrater;" to strike out ''"and·~ and insert school wa.rrants- duly signed by- the auditor of public accounts of the " or," so as to read': Cliiekasaw Nation. and drawn on the n::tJtional treasurer thereof prior to,. SKC. 6. Tbut the persons and propeuty· of minor r.dlottees of the· Five April 26, 1906, and submitted for payment to the Bnited State !ndia:.n Civilized Tribes sha:lL except us. oth.e1·wise speeifi.c:tlly providl:ld by this agent at Union. Ageney. at Mus-kogee, Okla., with interest at 6 per cent net, be subjeetr to the ju:ri-sdietion of: the probate coUL'ts of: the State of pel'" annum from the respective dates thereof~ Provided, That said Sec­ Oklahom, . 'l"he Seeretary of the Interior is hereby: emp.owe:I:'ed, undet~ retary shall not pay such. warrants until he investigates the i ·sunnee• rules and" reguln.tions to be prescJ;ibed by him, to· a~rooint. such local ::tn.d tra.n-sfe~ of sa:i:d warrants and is satisil.ed that· tb.e respective own~ ­ represen±atives within the State of Oklahoma. who sha:li be· citizenw of ers ot said. warran.ts purchased the same in. good faith fot: a valuable: that State as he IIUly deem. necessary to inqu.ire into and bl-vestlgn.te :rnd reasonable consideration and had no reason to suspect fraud In the. the- conduct of guardi:m:s or cu.r:JJtors- hJ!V-ing. i:D: chacge the. estate-s: off issuance. e.f said war:uants; such minors; and whenever such representative or representatives of the Secretary of the Interior shall be of opinion that the estate of The amendment was agreed to. I / 1908. CONGRESSIONAL RECORD----SENATE. 5427

The next amendment was, on page 10, after line 16, to insert after the word "station," to strike out "on the Tucannon as a new section the following: River," so as to make the bill read: SEC. 12. That the Secretary of the Interior may permit any lessee Be it enacted, etc., That the sum of $25,000, or so much thereof as having a coal and asphalt lease covering segregated coal or asphalt may be necessary, be, and the same is hereby, appropriated for the lands in the Choctaw and Chickasaw nations in Oklahoma, which lease establishment of a. fish-cultural station in the State of Washington, has been approved by the Secretary of the Interior, to surrender any including purchase of site, construction of buildings and ponds, and tract or part thereof and to substitute therefor, subject to the terms of equipment, a.t some suitable point to be selected by the Secretary of the lease and approval by the Secretary of the Interior, adjoining land Commerce and Labor. within said segregation substantially eq14al in area to the land sur­ The amendment was agreed to. rendered. And all royalties heretofore accrued or hereafter arising from min­ The bill was reported to the Senate as amended, and the eral leases by Seminole allottees heretofore or hereafter made shall be amendment was concurred in. paid to the United States Indian agent, Union Agency, for the benefit The bill was ordered to be engrossed for a third reading, read of the Indian lessor or his proper representative to whom such roy­ alties shall hereafter belong; and all royalties accrued or hereafter ac­ the third time, and passed. cruing under any oil lease made under section 13 of the act of. Con­ The title was amended so as to read : "A bill to establish a gress approved January 28, 1898, entitled "An act for t~,e protectwn ?f fish-cultural station in the State of Washington." the people of Indian Territory. and for other purposes, shall b~ pa1d to allottees of the land included in such lease pro rata according to VESSELS FOB IMMIGRATION SERVICE, SAN FRANCISCO, the area of theit· respective holdings, or to their lawful assigns. Mr. PERKINS. I ask unanimous consent for the present con­ The amendment was agreed to. sideration of the bill (H. R. 16515) authorizing the purchase of The next amendment was, on page 11, after line 13, to insert a steel ferryboat for use between Angel Island and San Fran­ as a new section the following : cisco, Cal., and a steel cutter for use of immigration officials at SEc. 13. That all records pertaining to the allotment of lands of the San Francisco, Cal. Five Civilized Tribes shall be finally deposited in the office of the nited States. Indian agent, Union Agency, when and as the Secretary There being no objection, the Senate, as in Committee of the of the Interior shall determine such action shall be taken, and there Whole, proceeded to consider the bill. It authorizes the Secre­ is hereby appropriated, out of any· money in the Treasury not other­ tary of Commerce and Labor to secure, by purchase or construc­ wise appropriated, to be immediate]y available as the Secretary of the tion, a steel ferryboat at a cost not exceeding $100,000, to be Interior may direct the sum of $1n,OOO, or so much thereof as rna~ be necessary to enable' the Secretary of the Interior. to furnish the yanous used in the immigration service between Angel Island and San counties of the State of Oklahoma certified coptes of such portions of Francisco, Cal., and a steel cutter, at a cost not to exceed said records as affect title to lands in the respective counties. $25,000, for the use of the officials of the immigration service 'l'he amendment was agreed to. at San Francisco, Cal. The next amendment was, at the top of page 12, to insert as The bill was reported to the Senate without amendment, or­ a new section the following : dered to a third reading, read the third time, and passed. SEc. 14. That section 15 of an act entitled "An act to :provi~e for Mr. GALLINGER. I move that the Senate adjourn. the final disposition of the affairs of the Five Civilized TFtbes m the The motion was agreed to, and (at 4 o'clock and 20 minutes Indian Territory, and for other purposes," approved April. 26, 1906, p. m.) the Senate adjourned until to-morrow, Thursday, April shall become operative immediately upon the approval of this a<:t· 30, 1908, at 12 o'clock meridian. The amendment was agreed to. Mr. OWEN obtained the floor. Mr. McCUMBER. Before the Senator from Oklahoma asks NOMINATIONS. that the bill go over, I offer an amendment, which I ask may Executive nominations received by the Senate .April 29, 1908. be read. UNITED STATES CONSULS. The VICE-PRESIDENT. The Senator from North Dakota Julean H. Arnold, of California, now consul of class 7 at proposes an amendment, which will be stated. Tamsui, for promotion to be consul of the United States of class The SECRETARY. Strike out all after the word "restrictions," 4 at Amoy, China, vice Harry L. Paddock, resigned. in line 10, page 1, down to and including the word " prescribe," Carl F. Deichman, of Missouri, now consul of class 9 at 1\lan­ on line 16, page 2, and insert in lieu thereof the following : . zanillo, for promotion to be consul of the United States of class All lands of said Indian allottees of one-quarter or more than one­ 7 at Tamsui, Formosa, vice Julean H. Arnold, nominated for quarter Indian blood shall be subject to all restrictions now provided promotion to be consul of class 4 at Amoy. I by lftiands of Indian allottees of less than one-quarter Indian blood, Charles C. Eberhardt, of Kansas, now consul of class 7 at I except homesteads, shall be free from restrictions. Iquitos, for promotion, to be consul of the United States of The VICE-PRESIDENT. The amendment will be printed class 6 at Barranquilla, Colombia, vice Pierre Paul Demers, and lie on the table. promoted to be consul of class 5 at Bahia. 1\fr. OWEN. I ask unanimous consent that the bill may now George Heimrod, of Nebraska, now consul of class 6 at Apia, go over until after the morning hour to-morrow, not to inter­ to be consul of the United States of class 6 at Berne, Switzer­ fere with the unfinished business or appropriation bills. land, vice James Jeffrey Roche, deceased. Mr. LONG. The purpose of the Senator's request is to make Franklin D. Hale, of Vermont, now consul of class 9 at it the special order for to-morrow? Coaticook, to be consul of the United States of class 9 at Char­ 1\fr. OWEN. To make it a special order after the routine lottetown, Prince Edward Island, vice John H. Shirley, re­ morning business to-morrow, not, however, to bar appropria­ cal1ed. tion bills or the unfinished business·. Mason Mitchell, of New York, now consul of class 6 at Chung­ / The VICE-PRESIDENT. The Senator from Oklahoma asks king, to be consul of the United States of class 6 at Apia, Samoa, I unanimous consent that the bill may be taken up for considera­ vice George Heimrod, nominated to be consul of class 6 at tion immediately after the conclusion of the routine morning Berne. business to-morrow, not to interfere with appropriation bills RECEIVER OF PUBLIC MONEYS. or the unfinished business. Is there objection? The Chair Thomas R. Hamer, of Idaho, to be receiver of public moneys hears none, and it is so ordered. at Blackfoot, Idaho, vice George A. Robethan, term expired. COURTS AT SPRINGFIELD, MASS. (J. Frank Hunt, declined.) 1\Ir. CARTER. On behalf of the junior Senator from Penn­ sylvania [Mr. KNox], who is temporarily absent from the Cham­ CONFIRMATIONS. ber, I request unanimous consent for the present consideration Executive nominations confirmed by the Senate .Ap1·iZ 29, 1908. of the bill ( S. 6074) to provide for holding terms of the United UNITED STATES ATTORNEY. f States circuit and district courts at Springfield, Mass. There being no objection, the Senate, as in Committee of the J. Whitaker Thompson, of Pennsylvania, to be United States Whole, proceeded to consider the bill. attorney for the eastern district of Pennsylvania. The bill was reported to the Senate without amendment, REAPPOINTMENTS IN THE ARMY. ) ordered to be engrossed for a third reading, read the third time, For reappointment as officers of the Medical Corps of the and passed. Army, with rank from the dates specified after their respective FISH-CULTURAL STATION IN WASHINGTON STATE. names: 1\lr. ANKENY. I wish to call up for immediate consideration .Assistant sm·geons-uenet·al to be colonels. the bill (S. 4183) to establish a fish-cultural station on the Joseph B. Girard, September 7, 1902. Tucannon River, in the State of Washington. William C. Gorgas, March 9, 1903. There being no objection, the Senate, as in Committee of the Philip F. Harvey, August 6, 1903. Whole, proceeded to consider the bill, which bad been reported Charles B. Byrne, August 9, 1..903. from the Committee on Fisheries with an amendment, in line 5, Valery Havard, April 26, 1904.

i ( { 5428 CONGRESSIONAL RECORD-SENATE. APRIIl 29',

John Van R. Hoff, January 19, 1905. Basil H. Dutcher, October 26, HJ01. .. George W. Adair, April 6, 1905. Leigh .A. Fuller, October 26, 1001 . Louis M. 1\Iaus, May 10, 1907. George A. Skinner, October 26, 1901.. Blair D. Taylor, l\Iarch 31, 1908. Carl R. Darnall, October 26, 1901. Deputy surge01t8-general to be lieutenant-colonels. Henry Page, November 6, 1902. George H. Torney, August 6, 1903. Bailey K. Ashford, November 6, 1902. I.;ouis W. Crampton, August 9, 1903. Henry A. Webber, November 6, ·1902. Jere B. Clayton, November 6, 1902. 1 Daniell\L Appel, August 3, 1904. Harry 0. Perley, August 14, 1904. ,Weston P. Chamberlain, July 23, 1903. William B. Davis, January 19, 1905... Edward R. Schreiner, July 23, 1903. William W. Gray, April 6, 1905. Ira .A. Shimer, July 23, 1903. 1 ·Louis Brechemiu, July J, 1905. Frederick M. Hartsock, July 23, 1903, I Louis A. La Garde, March 17, 1906. Douglas F. Duval, July 23, 1903. John 1\l. Banister, March 29, 1906. Clarence J. Manly, July 23, 1903. Aaron II. Appel, May 10, 1007. David Baker, July 23, 1903. Junius ·L. Powell, 1\larch 31, 1908. Albert E. Truby, July 23, 1903. Charles Richard, April 10, 1908. - , James R. Church, August 8, 1903. Joseph H. Ford, December 12, 1903. Surgeons to be majors. Percy M. Ashburn, December J2, 1903. W. Fitzhugh Carter, November 30, 1897. Elmer A. Dean, December 12, 1903. Rudolph G. Ebert, April 17, 1898. Francis 1\f. C. Usher, December 12, 1903, Robert J. GibEon, April 23, 1898. Willard F. Truby, December 12, 1903. William H. Arthur, August 23, 1898. Frederick F. Russell, December 12, 1903. George E. Bushnell, December 10, 189'8. ---,, Edwin P. Wolfe, December 12, 1903. Henry P. Birmingham, December 15, 1898. George P. Peed, December 30, 1903. · Edward Champe Carter, December 21, 1898. Henry S. Greenleaf, January 7, 1!)04. Marlborough C. Wyeth, June 8, 1899. Louis T. Hess, January 30, 1904. Richard W. Johnson, November 6, 1899. Christopher C. Collins, January 30, 1904. • William Stephenson, April 28, 1900. - Ralph S. Porter, April 12, 1904. John L. Phillips, October 8, 1900. Walter D. Webb, February 10, 1904. ,,Villiam C. Borden, February 2, 1901. Benjamin J. Edger, jr., June 14, 1004. Edgar A. Mearns, February 2, 1901.. Clyde S. Ford, June 16, 1904. Guy L. Edie, February 2, 1901. Samuel l\1. Waterhouse, July 23, 1904. William D. Crosby, February 2, 1901. Eugene H. Hartnett, July 23, 1904. Charles l\I. Gandy, February 2, 1901. Walter Cox, December 12, 1904. Charles B. Ewing, February 2, 1901. Charles E. Marrow, December 12, 1904. Walter D. McCaw, February 2, 1901. M.A. W. Shockley, February 17, 1905. Jefferson R. Kean, February 2, 1901. Henry D. Thomason, March 3, 1905. ..) Henry I. Raymond, February 2, 1901. Robert N. Winn, April 11, 1905. William P. Kendall, February 2, 1901. Percy L. Jones, June 26, 1905. Edward R. Morris, February 2, 1901. John D. Yost, July 2, 1905. Henry S. T. Harris, February 4, 1901. Henry H. Rutherford, August 16, 1905. William B. Banister, April 2, 1901. Theodore C. Lyster, October 3, 1905. Charles E. Woodruff', April 13, 1901. S¢ord H. Wadhams, October 3, 1905. Paul Shillock, June 7, 1001. Chandler P. Robbins, October 3, 1905. Ogden Rafferty, October 24, 1901. Thomas L. Rhoads, October 3, 1905. Charles F. Mason, December 9, 1901. Harry L. Gilchrist, October 3, 1905. James D. Gierman, January 1., 1902. William J. L. Lyster, October 3, 1905. Alfred E. Bradley, January 1, 1902. Elbert E. Persons, October 3, 1905. ' Charles Willcox, April 7, 1902. William N. Bispham, October 3, 1905. ' Euclid B. Frick, June 28, 1902.. Edward F. Geddings, October 9, 1905. Frank R. Keefer, June 30, 1902. Wilson T. Davidson, November 26, 1005. Thomas U. Raymond, August 12, 1902., \ Ernest L. Ruffner, December 15, 1B05. Henry D. Snyder, September 7, 1902. William H. Brooks, January 1, 1006. ; Philip G. Wales, October 27, 1902. Edward P. Rockhill, January 9, 1906. Allen M. Smith, November 23, 1902. Charles N. Barney, January 12, 1906. Joseph T. Clarke, February 13, 1903. Arthur W. Morse, February 4, 1906. 1\.ferritte W. Ireland, August 3, 1903. Frank C. Baker, February 4, 1906. Henry C. Fisher, August 9; 1903. Henry s. Kiersted, February 4, 1906. Henry A. Shaw, September 22, 1903. Charles R. Reynolds, February 11, 1906. Charles F. Kieffer, April 26, 1904. Paul C. Hutton, February 11, 1906. \ Francis A. Winter, August 3, 1904. Frederick A. Dale, February 11, 1906. .William E. Purviance, August 14, 1904. William 1\I. Roberts, February 11, 1906. George D. Deshon, December 5, 1904. Charles W. Farr, February 11, 1906. ,.­ Champe C. McCulloch, jr., January 19, 1905. Park Howell, 1\farch 3, 1906. · Frederick P. Reynolds, March 31, 1905. Jay Ralph Shook, March 6, 1906. Robert S. Woodson, April 6, 1905. William E. Vose, March 6, 1906. Harry 1\I. Hallock, July 1, 1005. Frank T. Woodbury, March 6, 1906. Paul F. Straub, March 17, 1906. James L. Bevans, June 16, 1906. Alexander N. Starlr, March 29, 1906. Eugene R. Whitmore, June 29, 1906. Charles Lynch, April 2, 1906. Patrick H. McAndrew, June 29, 1906. Joh.R S. Kulp, May 26, 1906. Charles Y. Brownlee, June 29, 1906. Edward L. 1\Iunson, July 11, 1906. John A. Murtagh, June 29, 1906. James l\L Kennedy, 1\larch 20, 1907. George 1\I. Ekwurzel, June 29, 1!306. Deane C. Howard, April 24, 1907. .I William H.. Wilson, May 10, 1907. Gideon 1\IcD. Van Poole, June 29, 1900. William W. Reno, June 2D, 1!)06. '\ William F. Lewis, April 10, 1908. Carroll D. Buck, June 29, 1006. Thomas S. Bratton, April 15, 1908. George H. R. Gosman, June 29, 1906. Thomas J. Kirkpatrick, April 22, 1908. Conrad E. Koerper, June 29, 1006. Assistant s1.u·geons to be captains. John H . .Allen, June 29, 1906. . jWilliam W. Quinton, October 26, 1898. Robert U. Patterson, June 29, 1D06. John H. Stone, November 6, 1900. Roderic P. O'Connor, June 2~, 1906. Irving W. Rand, November 6, 1900. George P. Heard, Jtme 29, 1!306. Powell C. Fauntleroy, November 15, 1900. Robert E. Noble, June 29, 1!)06. \ James S. Wilson, December 16, 1900. James W. Van Dusen, June 29, 1906. 'r l ) \ "1908~ CONGRESS! ON AL -RECORD-SENATE. I 5429

Roger Brooke, jr., June 20, 1906. Lloyd L. Smith, April 23, 1908. Wallace De Witt, June 29, 1906. John B. Huggins, April 23, 1908. Robert 1\I. Thornburgh, June 29, 1906~ Edgar W. Miller, April 23, 1908. Robert B. Grubbs, June 29, 1906. William H. Tefft, April 23, 1908. Edmund D. Shortlidge, June 29, 1906._ Leartus J. Owen, April 23, 1D08. Verge E. Sweazey, June 20, 1906. Stanley G. Zinke, April 23, 1908. Matthew A. De Laney, June 29, 1906. Robert M. Culler, April 23, 1908. Horace D. Bloombergh, -Ttme 29, 1906. Frank W. Weed, April 23, 1908. . Paul S. Halloran, June ~9, 1906. William A.. Wickline, April 23, 1908. { Kent Nelson, June 29, 190G. Henry L. Brown, April 23, 1908. Peter C. Field, June 20, 1906. Howard H. Daily, April 23, 1908. Herbert G. Shaw, June 29, 1906. Harry G. Humphreys, April 23, 1908. Louis Brechemin, jr., June 20, 1906. PaulL. Freeman, April 23, 1908. Lloyd Le R. Krebs, June 20, 190{"). William P. Woodall, June 29, 1906. Assistant surgeons to be fi1'st lieuteJlants. · Clement C. Whitcomb, June 29, 1906. 1 William A. Duncan, 1\Iay 1, 1905. George H. Crabtree, September 5, 1906. Earl H . Bruns, 1\Iay 1, 1905. Herbert l\I. Smith, September 20, 1906. Herbert C. Gibner, May 1, 1905. Cosam J. Bartlett, September 21, 1906. Clarence Le R. Cole, 1\Iay 10, 1905. Reuben B. Miller, October 30, 1906. Albert G. Love, June 20, 1906. Charles A. Ragan, October 30, 1906. Harold W. Jones, June 20, 1906. William R. Eastman, October 30, 1906. Omar W. Pinkston, June 20, 1906. James F. Hall, October 30, 1006. 1\Iathew A. Reasoner, June 20, 1906, Raymond F. Metcalfe, October 30, 1906~ Henry J. Nichols, June 20, 1906. Edwin W. Rich, October 30, 1906. Louis H . Hanson, June 20, 1906. Perry L. Boyer, October 30, 1906. Lucius L. Hopwood, June 20, 1906. James 1\I. Phalen, October 30, 1906. Charles E. Freeman, June 20, 1906. Fred W. Palmer, November 14, 1906. Ferdinand Schmitter, June 20, 1906, WilHam H. Moncrief, November 30, 1~ Howard A. Reed, June 20, 1906. William L. Little, January 6, 1907. Henry B. Mcintyre, June 20, 1906. Allie W. Williams, February 4, 1907. E'l.-ederick S. l\1acy, June 15, 1907. John L. Shepard, February 21, 1907. Guy V. Rukke, June 15, 1907~ Louis C. Duncan, May 10, 1907. Henry C. Pillsbury, June 15, 1907. William L. Keller, June 2, 1907. Edgar King, June 15, 1907. Charles 0 . Billingslea, June 2, 1907.­ Arthur C. Christie, June 15, 1907. Nelson Gapen, June 24, 1907. Howard H. Johnson, June 15, 1907. William T. Davis, June 24, 1907. Ray W. Bryan, June 15, 1907. Charles F . 1\Iorse, June 24, 1907. Bernard S. Gostin, June 15, 1907. Haywood S. Hansell, June 24, 1907. William H. Richardson, June 15, 1907. Junius C. Gregory, June 24, 1907. William K. Bartlett, June 15, 1907. Clarence H. Connor, June 24, 1907._ POSTMASTERS. Jay W. Grissinger, June 24, 1007. Will L. Pyles, June 24, 1907. FLORIDA. William 1\I. Smart, June 24, 1907. William IJ. Keefer to be postmaster at Fort Pierce, St. Lucie Harry S. Purnell, June 24, 1907. County, Fla. Robert 1\I. Blanchard, July 16, 1907. INDIANA. William R. Davis, August 8, 1907. Robert F. Brammer to be postmaster at Albany, Delaware James Bourke, September 9, 1907. - County, Ind. Samuel 1\I. De Loffre, September 10, 1901, Hugh S. Espey to be postmaster at Rising Sun, Ohio County, Edward 1\I. Talbott, October 27, 1907. Ind. John A. Clark, October 27, 1907. MINNESOTA. Samuel J. Morris, October 27, 1907. Edward r.;, Bjorkquist to be postmaster at Moorhead, Clay J Jacob 1\I. Coffin, October 27, 1007. County, 1\Iinn. John W. Hanner, October 27, 1907. Lemuel S. Briggs to be postmaster at Princeton, Millelacs Levy l\1. Hathaway, October 27, 1907. County, 1\Iinn. Alexander 1\Iurray, October 27, 1907. NEW YORK. Philip ·w. Huntington, October 27, 190111 Robert J. Buck to be postmaster at Watertown, Jefferson I James D. Fife, October 27, 1907. County, N. Y. William A. Powell, October 27, 1907. James H. Hopkins to be postmaster at Au Sable Forks, Essex: I Leon T. Le 'Vald, October 27, 1907. County, N. Y. Jesse n.. Harris, October 27, 1907. A. l\1. Lanpher to be postmaster at LoW\ille, Lewis County, { George H. Scott, October 27, 1907. N.Y. Edwin D. Kilbourne, October 27, 1907. NORTH DAKOTA. H.oJJert L. Carswell, October 27, 1907. George F . .A.belein to be postmaster at Anamoose, McHenry Robert L. Richards, January 22, 1908. County, N. Dak. ( Charles F. Craig, February 18, 1908. OHIO. William P. Banta, February 18, 1908. Sheridan G. Dowds to be postmaster at l\Iount Vernon, Knox Robert H. Pierson, April 23, 1908. County, Ohio. Cary A. Snoddy, April 23, 190 . Will S. Fornshell to be postmaster at Camden, Preble County, James I. 1\labee, April 23, 1908. Ohio. Edward B. Vedder, April 23, 1008. John 1\I. Washington to be postmaster at Sabina, in the Henry F. Pipes, April 23, 1008. county of Clinton and State of Ohio. Charles L. Foster, April 23, 1908. W. J. Weirick to be postmaster at Loudonville, Ashland John R. Bosley, April 23, 1908. County, Ohio. Robert C. Loving, April 23, 1908. PEN~SYLVA....'IIA. Chester J. Stedman, April 23, 1908. Ida 1\I. KayQ to be postma.ster at 1\Ionaca, Beaver County, Pa. Orville G. Brown, April 23, 1!J08. John A. McKee to be postmaster at New Castle, Lawrence George F . Juenemann, April 23. 1908. County, Pa. Joseph F. Siler, April 23, 1908. John B. Moffitt to be postmaster at West Brownsville, Wash­ Arthur 1\L Whaley, April 23, 1908. ington County, Pa. Theodore Lamson, April 23, 1908. Sarah V. Patton to be postma.ster at Aliquippa, Beaver Craig R. Snyder, April 23, 1008. County, Pa. Ernest G. Bingham, April 23, 1908. Jennie l\1. Smith to be postmaster at Coal Center, Washington James D. Heysinger, April 23, 1908. County, Pa.

l 5430 CONGRESSIONAL RECORD-HOUSE. APRIL 29,

SOUTH CAROLINA. Nye Reid Small Thomas, Ohio James Marion Byrd to be postmaster at Branchville, Orange­ O'Connell Rhinock Snllth, Cal. 'l' irrell Overstreet Richardson Smith, Iowa Tou Velie burg County, S. C. Padgett Riordan Smith, lo. Townsend Joseph P. Murphy to be postmaster at Bamberg, Bamberg Page Robinson Smith, Tex. Underwood County, S. C. Parker, N. J. Rodenberg Southwick Volstead Parker, S. Dak. Rothermel Sparkman Waldo George A. Reed to be postmaster at Beaufort, Beaufort Parsons Rucker Sperry \\Tanger County, S. C. Patterson Russell, Mo. Spi~ht Washburn WYOMING. Payne Russell, Tex. Stafford Watson Perkins Ryan Stanley Webb Joseph L. Kidweil to be postmaster at Douglas, Converse Pollard Sabath Stephens, Tex. Weeks County, Wyo. Po1·ter Saunders Sterling Wheeler Jo eph 1\Iunz to be postmaster at Saratoga, Carbon County, Pray Scott Sturgiss Williams Prince Sheppard Sullo way Wilson, Ill. Wyo. Rainey Sherley Talbott Wilson, Pa. Ransdell, La. Sherman Taylor, Ala. Wood Rauch Sims Taylor, Ohio Young HOUSE OF REPRESENTATIVES. Reeder Slayden Thomas, N.C. ANSWERED " PRESENT "-!>. WEDNESDAY, April 29, 1908. Bartlett, Ga. Glass Hardwick Lassiter Boutell Goulden Howard Shackleford [Cont-inuation of the legislative day of Monday, Apt·il 20, 1908.] Gan-ett The recess having expited, at 11.30 o'clock a. m. the House . NOT VOTING-111. Acheson Dunwell Hutr Pearre was called to order by the Speaker. Allen Durey Hughes, W. Va. Peters REPRINT OF BILL, Anthony Edwards, Ga. Jackson rou Bannon Edwards, Ky. James, Addison D. Powers 1\Ir. CURRIER. Mr. Speaker, I ask unanimous consent . for Barchfeld Fairchild Kahn Pratt the reprint of the bill H. R. 21357, with permission to correct Barclay Fassett Kimball Pujo Bates Fordliey Kitchin, Wm. W. Randell, Tex. a typographical error; Bennett, Ky. Foster, Vt. Lamar, Fla. Reynolds The ,SPEAKER. Is there objection? [After a pause.] The Bingham Fulle1· Law Roberts Chair hears none. Bradley Fulton Lee Sherwood Broussard Gardner, Mass. Legare Slemp SUNDRY CIVIL APPROPRIATION DILL. Brundidge Gardner, Mich. Lewis Smith, Mich. Burke Gillespie Lilley Snapp The SPEAKER. The question is on the motion of the gen­ Burton, Ohio Gillett Littlefield Steenerson tleman from Iowa [Mr. SMITH] that the House resolve itself Butler Godwin Livingston Stevens, Minn. Calderhead Goebel Lorimer Sulzer into Committee of the ;whole House on the state of the Union Carlin Gordon Loud Tawney for the further consideration of the bill H. R. 21260, the sundry Cary Griggs Lowden Thlstlewood civil appropriation bill. Clark, Fla. Hackett McCreary Vreeland The question was taken. Cockran · Baggott McHenry Wallace Coud1·ey Hamill McKinlay, Cal. Watkins Mr. WILLIAMS. Mr. Speaker, I call for the yeas and nays. Crafoo Hayes Marshall Weems 'l'he SPEAKER. The gentleman from Mississippi demands Cra;ford Henry, Tex. Maynard Weisse Davey, La. Hepburn Moore, Pa. Wlley the yeas and nays. Davidson Hill, Conn. Mudd Willett Mr. PAYl\TE. l\fr. Speaker, I make the point of order that Dawes Hitchcock Needham Wolf no quorum is present. Denby Hobson Olcott Woodyard The SPEAKER. The Chair will count. [After counting.] Douglas Hubbard, W. Va. Olmsted Sixty-six Members are present; not a quorum. The Door­ The Clerk announced the following pairs: keeper will close the doors, the Sergeant-at-Arms will notify For this session : absent l\lembers; as many as are in favor of the motion will, Mr. BRADLEY with Mr. GoULDEN. as their names are called, answer "yea," and as many as are Until further ,notice: opposed will answer " nay; " those present and not T"Oting will l\lr. BANNON with 1\fr. BRUNDIDGE. answer " present," and the Clerk will call the roll. 1\:fr. BARCHFELD with Mr. CARLIN. The question was taken, and there were-yeas 267, answered Mr. BATES with 1\Ir. CLARK of Florida. " present" 9, not T"Oting 111, as follows: 1\Ir. CALDERHEAD with 1\fr. CRAWFORD. YEAS-267. 1\ir. DAVIDSON with Mr. DAVEY of Louisiana. Adair Cooper, Tex. Granger lenapp Mr. DENBY with 1\Ir. FULTON. Adamson Cooper, Wis. Greene Knopf 1\lr. DOUGLAS with 1\fr. GILLESPIE. \ Aiken Cousins Greo-oo Knowland Alexander, Mo. Cox, Ind. Gro'll'D.a Kiistermann Mr. DUNWELL with 1\Ir. WATKINS. \ Alexander, N.Y. C1·avens Hackney Lafean Mr. FAIRCHILD with Mr. GODWIN. Ames Crumpacker Hale Lamar, Mo. Mr. GARDNER of Michigan with Mr. GORDON. Andrus Currier Hall Lamb Ansberry Cushman Hamilton, Iowa Landis 1\fr. GILLETT with Mr. HACKETT. Ashbrook Dalzell Hamilton, Mich. Langley Mr. HAi'ES with Mr. HAMILL. Bartholdt Darragh Hamlin Laning Mr. HUBBARD of West Virginia with Mr. HENRY of Texas. Bartlett, Nev. Davenport Hammond Lawrence Beale, Pa. Davis, Minn. Harding Leake 1\Ir. HUFF with Mr. HITCHCOCK. Beall, Tex. Dawson Hardy Lenahan Mr. KAHN with Mr. LASSITER. Bede De Armond Harrison Lever i\Ir. LAW with Mr. LEE. Bell, Ga. Denver Haskins Lindbergh Bennet, N.Y. Diekema Haugen Lindsay Mr. MooRE of Pennsylvania with Mr. LEWIS. \ Bit·dsall Dixon Hawley Lloyd Mr. OLCOTT with Mr. McHENRY. Bonynge Draper Hay Longworth 1\ir. OLMSTED with 1\fr. WEISSE. Booher Driscoll Heflin Loudenslager Bowers Dwight Helm Lovering Mr. SLEMP with Mr. MAYNARD. Boyd Ellerbe Henry, Conn. McCall Mr. SMITH of Michigan with Mr. RANDELL of Texas. Brantley Ellis, Mo. Higgins McDermott 1\Ir. STEVENS of Minnesota with Mr. SHACKLEFORD. Brodhead Ellis, Oreg. Hill, Miss. McGavin Brownlow Englebright Hinshaw McGuire 1\fr. TAWNEY with Mr. SULZER. \ Brumm Esch Holliday McKinley, Ill. 1\fr. VREELAND with 1\Ir. SHERWOOD. Burgess ll'avrot Houston McKinney Mr. WooDYARD with Mr. WILEY. Burleigh Fen· is Howell, N.J. McLachlan, Cal. Burleson Finley Howell, Utah McLain . 1\ir. BURKE with Mr. WILLETT. Burnett Fitzgerald Howland McLaughlin, Mich. Mr. BOUTELL with Mr. GRIGGS. Burton, Del. Flood Hubbard, Iowa Mcl\fillan Mr. McKINLAY of California with Mr. GARRETT. Byrd Floyd Hughes, N. J. McMorran Calder Focht Hull, Iowa Macon Mr. FosTER of Vermont with Mr. Pou. Caldwell Fornes Hull, 'l'enn. Madden Mr. BARCLAY with Mr. CoCKRAN. Foss· Humphrey, Wash. Madison g~:~~~ll Foster, Ill. Humphreys, Miss. Malby 1\Ir. PEARRE with Mr. CRAIG. Capron Foster, Ind. James, Ollie 1\l. Mann Mr. BINGHAM with Mr. LAMAR of Florida. Carter Foulk rod .Jenkins Miller Mr. FULLER with Mr. PETERS. Caulfield Fowler Johnson, Ky. Mondell Chaney French Johnson, S. C. Moon, Pa. Mr. HEPBURN with Mr. LIVINGSTON. Chapman Gaines, Tenn. Jones, Va. Moon, Tenn. Mr. HUGHES of West Virginia with Mr. LEGARE. Clark, Mo. Gaines, W.Va. Jones, "-'ash. MoorE.', Tex. 1\lr. ROBERTS With Mr. BROUSSARD. Clayton Gardner, N. J. Keifer Morse Cocks, N.Y. Garner Keliher Mouser 1\lr. HAGGOTT with Mr. WILLIAM W. KITCHIN. Cole Gil hams Kennedy, Iowa Murdock Mr. FASSETT with 1\Ir. HABDWICK, Conner Gill Kennedy, Ohio Murphy Mr. MUDD with 1\Ir. WALLACE. Cook, Colo. Goldfogle Kinkaid Nelson Cook, Pa.. Graff Kipp Nicholls Mr. ADDISON D. JAMES with 1\Ir. KIMBALL. ~ Cooper, Pa. Graham Kitchin, Claude Norris Mr. BENNETT of Kentucky with l\fr. EDwARDS of Georgia.