1914. CONGRESSIONAL RECORD-HOUSE. 4971'

the rules and practice of the House requ1red to be done by tbe Clerk WASHINGTON. of the House. 1\Iae 0. Gray to be postm!lster at Stevenson, Wash. Office be­ Respectfully submitted. · SooTn Tr.nrnLE, came presidential January 1, 1914. Olerl;, of the IIo1tse. Anna P. Hanley to be postmaster at Enumclaw, Wash., in MARCH 17, 1914. place of Wll1ium F. Koenig. Incumbent's commission expires EXTENSION OF llEMARKS. April 5, 1914. · Mr. SIMS. Mr. Speaker, I wish to ask unanimous consent to Charles 0. Jackson to be postmaster at Eatonville, Wash. extend my remarks in the RECoRD by publishing some letters I Office became presidential January 1, 1914. have pertaining to the proposition of the increase in the freight Charles H . Runkel to be postmaster at Arlington, Wash., in rates in the enstern district. place of Charles H. Jones. Incumbent's commission e~rpires The SPEAKER. The gentleman from Tennessee asks unani­ March 17, 1914. mous consent to extend his remarks by printing some letters on WEST VIRGINIA. the subject of the increase in freight rates in th-e eastern divi­ Har\ey Ewart to be postmaster at Hinton, W. Va., in place sion. Is there objection? of Siru W. Willey. Incumbent's commission expired March 16, Mr. GORDON. Mr. Speaker, I object. 1914. J . K. Kerwood to be postmaster at Ripley, W. Va., in place PENSIONS. of Henry W . Deem. Incumbent's commisslon expires April 13, Mr. HELVERING. 1\Ir. Speaker, I move that the Hou.se re­ 1914. solT"e itself into the Committee of the Whole House to consider . Buckner F. Scott to be postmaster at Terra Alta, W. Va., in pension bills on the Pri"mte Calendar; and, pendlng that, I want place of William T. 'Yhite, resigned. to ask unanimous consent that H. R. 14234 be considered in the Joseph F . Thompson to be postmaster at 1\Iartinsburg, W . Va., House as in Committee of the Whole Honse. in place of E. C. Henshaw. Incumbent's commission expires The SPEAKEr... The gentleman from Kansas moves that the April 28, 1914. House resolve itself into the Committee of the Whole House for A. H . Wiedebusch to be postmaster at Wheeling, W. Va., in the purpose of considering pension bills on the Private Calen­ place of Robert Hazlett, resigned. dar; and, pending that, he asks unanimous consent that H . R. J ames W . Wilson to be postmaster at BarboursyilJe, W. Va., 14234 be considered in the House as in Committee of the Whole in place of James Brady, resigned. House. Is there objection? Mr. MAJ\'1~. 1\Ir. Speaker, reserving the right to object, the WISCOl."'iSIN. gentleman understands, of course, that }Jrovides for no general Lyle I. Daigneau to be postmaster at Boycey-ille, Wis. Office debate. became presidential January 1, 1914. Mr. HELVERING. I will say to the gentleman from illinois WYOMING. I understand there is no desire for general debate on this bill. C. ,V. Dow to be postmaster at Newcastle, Wyo., in place of The SPEAKER. May the Chair inquire of the gentleman if Frank B. Fawcett. Incumbent's commission expired March this is the only bill be has? 16, 1914. Mr. HELVERIJ. TG. This is the onJy bill reported by the Committee on Invalid Pensions. There is one from the Pen­ sions Committee to be taken up. CONFIRMATIONS. The SPEAKER. Is there objection that the bill H. R. 14234 Executire nominations CO'I_tjirmed by t11.e Senate Ma-rch 17, 191./j.. be considered in the Committee of the Whole House? IAfter POSTMASTERS. a pause.] The Chair hears no objection. The question now is on the House resolving itself into the Committee of the Whole MICHIGAN, House Lor the consideration of pension bills. Charles E. Adair, Utica. The question was taken, and the motion was agreed to. Edgar E . Bedell, Bellaire. George L. Belcher, Leslie. EXTENSIO~ OF REMARKS. Samuel D. Bonner, Newaygo. Mr. SMITH of Minnesota. Mr. Spcaket·-- Ernest .J. Dube, Houghton. The SPEAKER For what purpose does the gentleman rise? Thomas G. Finucan, Charle\oix. Mr. SMITH of Minnesota. Mr. Speaker, I wish to ask unani- 1\Iichael Hoban, St. Ignaee. mous consent to extend my remrrrks in the RECO!ID on the subject James L. Klett, Whitehall. of hydroelectric power by printing a petition from the Min­ Chrjstopher Lowney, Lamiurn. neapolis Civic and Commerce As...coeiation. Charles F . P arker, Middleville. The SPEAKER. The gentleman from Minnesota asks unani­ Jacob C. Rough, Buroana.n. mons consent to extend his remarks on bydroejectric power. Is J ohn E . Shekell, Jackson. th-ere o.bjection Y [After a pause.] The Chair hears none. 'Ih-e N. C. Sutherland, Romeo. Clerk will r eport the first bill. VIRGINIA. PENSIONS. J ohn S. White, Charlottesville. . The Clerk read as follows: A bill (H. R. 14234) granting pensions and increase of pensions to certain soldiers and sailors of the Civil War nnd certain widows and HOUSE OF REPRESENTATIVES. dependent children of soldiers and sail()rs of said war. Mr. HELVEUING. Mr. Speaker, I ask unanimous cons~t TUESDAY, March 17, 1914. that the first reading of the bill be disp~n-sed with. The SPEAKER. The gentlerru:m asks unanimous consent that The House met at 12 o'cloek noon. the first reading of the bill be dispensed with. Is there objec­ Rev. Dr. Joseph H. Crooker, of Boston, :Mass., offered the tion. [After a pause.] The Chair hears none. Members will following prayer : bear in mind that this bill is being read for amendment, section Almighty God, our Father, infinitely fatherly, a Friend for­ by section. ever friendly, we honor and glorify Thy high and holy name, The Clerk read as follows : and we thank Thee for the blessings of life that come to us The name of J"ames Chambers, late of Co~pany C, Forty-third Regi­ from day to day; we thank Thee for our country) its schools, ment Volunteer Infantry, and pay h1m a pension at the rate of and courts, and churches; we thank Thee for the American $24 per month in J.Wu of that he is now receiving. home.. woman's kingdom and man's paradise ; we invoke Thy Mr. HELVEIUNG. Mr. Speaker, I move, page 21, lines 21 blessmg, we seek Thy grace, we crave Thy forgiveness, we to 24, to strike out the name of "James Chambers." would learn Thy truth, we would obey Thy Jaw we would The SPEAKER. The Clerk will report the amendment. establish Thy kingdom on earth, and now we give Thee praise The Clerk read as follows : from grateful hearts e\ermore. In the name of our common Amend by striking out, on page 21, lines 21, 22, 23, and 24.. Master. Amen. The question was taken, and the amendment wns agreed to. The Journal of the proceedings of yesterday was read and The Clerk read as follows : 'approved. The name of William Eastlick, late of Company G, One hundredth CLEI!K PRO TEMPORE. Regiment Pffinsylvania Volunteer Infantry, and pn.y him a pension at the rate of $40 per month in lieu of that be is now receiving. The SPEAKER laid before the Hou-se the following com· munication from the Clerk of the House : Mr. HULINGS. Mr. Speaker, I offer an amendment. page 28, line 3, by strjking out "forty" and inserting "fifty." To the SPEAKER OF THE HOUSE : The SPEAKER. The Clerk will report the amendment. Desiring to be absent from my office for a short period of time, I The Clerk read as follows: hereby designate the Chief Clerk, J. C. South, Esq., to sign all papers .that may require my official signature, and to do all other acts under Amend, page 28, line 3, by striking out " $40 " and inserting " $50." !1972 CONGRESSIONAL RECORD-HOUSE. MARCH 17,

Mr. HULIXGS. l\Ir. Speaker, I had brought this to the atten­ Mr. RUSSELL. The report also states that this gentleman tion of the chairman of the Committee on Pensions, Gen. SHER­ is almost blind. It does not show be. is totally blind. wooD, and he agreed with me that under the circumstances this Mr. HULINGS. He is totally blind to the extent that while was a mistake, and that he would offer this amendment to-day. able to distinguish between night and day he requires some­ Now, the circumstances are yery peculiar in this case. This body to be with him all the time. He can not see for any man has sened about four years, as will be seen by the report practical purposes. on page 60 of the report of the committee, and $40 will scarcely l\fr. RUSSELL. And then this report states that he has pay the physician's attendance, which he requires two or three $900 worth of property. It has been a rule of the committee to times every day. The man is blind, totally helpless, has no reduce the amount of pension where they have property. reyenues except the pension that he is now getting of $15 per Mr. HULINGS. He has a little bit of a place there, about month, and I would like to bring that to the attention of the $900 worth, a lot and a little house in which he lives, but House and have this amendment made. he bas no revenue except his pension. The SPEAKER pro tempore (l\fr. DIFENDERFER). The ques­ Mr. RUSSELL. Will the gentleman yield again? tion is on agreeing to the amendment offered by the gentleman Mr. HULINGS. I will. from Pennsylvania [Mr. HULINGS]. Mr. RUSSELL. Let me ask the gentleman if he will consent Mr. RUSSELL. l\Ir. Speaker, the gentleman from Ohio [1\Ir. to let this item be stricken out of this bill and present it to the SHERWOOD J is not present to-day. I know nothing about this committee again when Gen. SHERWOOD returns? arrangement between the gentleman from Pennsylvania [1\Ir. Mr. HULINGS. Is there a probability of another bill being HULINGS] and the gentleman from Ohio. Of course, if Gen. SHER­ introduced in time, in order to get action at this session? wooD 'has agreed to offer this amendment himself as a member l\Ir. RUSSELL. Two weeks from to-day there will be another of the committee, I would not want to resist it, because I know bill. that in all cases he, as chairman of the committee, tries to do l\Ir. HULINGS. Yes; I will do that. that which he believes to be equitable and just to the soldiers of Mr. SIMS. Recommit it, in other words. the country. This appears to be a very fair case, under our Mr. RUSSELL. Mr. Speaker, I ask unanimous consent that rules, for a $50 allowance. Why it was allowed for $40 I do this paragraph of the bill be stricken out. not know. However, I do not feel disposed to support this The SPEAKER pro tempore. The gentleman from Missouri motion, and I do not like under the circumstances to oppose it. [Mr. RussELL] asks unanimous consent that this section in the I regret exceedingly that the gentleman from Ohio [Mr. SHER­ bill be stricken out. Is there objection? woon J is not here: I shall not support this amendment and do lllr. HULINGS. Mr. Speaker, with the understanding that not like to oppose it, as I have said, under the circumstances. the amount shall be reported in the next bill at $50. Mr. GOULDEN. I would like to ask the gentleman from Mis­ There was no objection. · souri [Mr. RussELL] if he regards this as a case that should haYe been placed at $50, why the committee put it at $40? MESSAGE FROM THE PRESIDENT OF THE UNITED STATES. Mr. RUSSELL. I have no personal recollection of it. The The committee informally rose; and the Speaker having re­ presumption would be with me that the examiner who wrote sumed the chair, a message, in writing, from the President of up and recommended this bill thought it was a $40 case and the United States was communicated to the House of Repre en t­ therefore allowed that amount. And in all probability the at­ atives by Mr. Latta, one of his secretaries, who also informed tention of the committee was not specifically called to this bill the House of Representatives that the President had approyed and therefore the amount was not increased. Now, the gentle­ and signed bills of the following titles: man from Pennsylvania [Mr. HULINGS], as I understand, did On March 2, 1914: not appear before the committee, but says that he had a con­ H. R. 10258. An act authorizing the Secretary of the Interior versation with Gen. SHERWOOD, which I have no occasion to to sell to the city of Lawton, Okla., a tract of land to be used doubt, and that Gen. SHERWOOD said it ought to be a $50 case, for watershed and water-supply purposes. and that he himself would make a motion on the :tloor to in­ crease it. Of course, I know nothing about that. I am tolu On March 9, 1914 : that the soldier is entirely blind and that he served four years. H. R.11338. An act making appropriations for the service of It would seem to be a good case for a $50 pension. the Post Office Department for the fiscal year ending June 30, Mr. GOULDEN. Has not the chairman of the committee in­ 1915, and for other purposes; formed you? Of course, I would take the word of my friend H. R.11331. An act to repeal an act regulating the con true­ from Pennsylvania [Mr. HULINGS]. lion of bridges across the Muskingum River in Ohio; a nd Mr. RUSSELL. Gen. SHERWOOD went home to bury his wife, H. R.13365. An act to authorize the construction, ma inte­ and therefore is not here to-day. nance, and operation of a bridge across the Tombigbee River Mr. LANGLEY. If I correctly understand the facts, there is near Old Cotton Gin Port, in Monroe County, Miss. no question but what it is a $50 case under the rules of the com­ On March 11, 1914 : mittee. H. R. 13545. AJ;l act to extend the time for constructing a 1\lr. RUSSELL. It would appear to be such. I imagine now bridge across the Mississippi River at the town site of Sartell, that it was reduced to $40, because of this statement which I Minn. see in the report : · PENSIONS. Claimant bas rea.l estate assessed at $900. The committee resumed its session. Mr. KINKAID of Nebraska. Will the gentleman yield for The SPEAKER pro tempore. The Clerk will read. jQst a statement? The Clerk read as follows : Mr. RUSSELL. I will yield for a question. The name of James D. Gloud, late of Company H, One hundred and Mr. KINKAID of Nebraska. Mr. Speaker, I was present eighty-eighth Regiment New York Volunteer Infantry, and pay him a when this biH was up for consideration, and it was agreed by pension at the rate of $24 per month in lieu of that he is now receiving. the committee that an amendment should be offered by some one Mr. RUSSELL. 1\Ir. Speaker, I moYe to amend line 19, on on the :tloor. page 32, by striking out the word " Gloud " and inserting the Mr. LANGLEY. I do not think this is the bill. I think the word '' Gload." gentleman is mistaken about this being the case. The SPEAKER pro tempore. The Clerk will report the Mr. KINKAID of Nebraska. Perhaps I am mistaken about amendment offered by the gentleman from 1\Iissouri. the case, Mr. Speaker. The Clerk read as follows : Mr. RUSSELL. I think the gentleman from Nebraska is Amend, page 32, in line 19, by striking out the name " Gloud " and mistaken about the case. I understand from the gentleman insertlr!g the name " Gload." from Pennsylvania [Mr. HULINGS] that he did not appear be­ fore the committee. The SPEAKER pro tempore. The question is on agreeing to Mr. HULINGS. The facts about the case are pretty well the amendment. stated in the report of the committee. But the committee, I The amendment was agreed to. think, did not fully consider that this man, who ser:ed four The SPEAKER pro tempore. The Clerk will read. years, suffered from gunshot wounds, from rheumatism and The Clerk resumed and concluded the reading of the bill. heart disease, ~ontracted in the service, and is now receiving The SPEAKER. The question is on the engrossment and a pension of $15 a month, had become totally blind, and requires third reading of the bill. a constant attendant, and requires the attention of a phy­ The bill was ordered to be engrossed and read a third time, sician two o-r three times every day in order that he may be was read the third time, and passed. catheterize<]. It is a very distressing case, and $40 a month On motion of Mr. IIELVERINO, a motion to reconsider the vote will barely pay his physician's charges. whereby the bill was passea was laid on the table. 1914 .. CONGRESSIONAL RECORD-HOUSE. 4973

The foregoing bill is a substitute for the following H ouse bills, The SPEAKER The gentleman from Kansas [Mr. HELvER­ referred to the Committee on Invalid Pensions : ING] asks unanimous consent to extend his remarks in the RECORD. Is there objection? H. R. 958. John H. Stone. H. R.10818. Helen G. Davis. H. R. 1254. Marla .A. Ryburn. H. R. 10819. Theodore Walker. There was no objection. H R. 1317 Moses King, ,jr H. R. 10882. Jeremiah Holcomb. Mr. .MURRAY of Oklahoma. 1\Ir. Speaker, I move that the H : n. 1630: Lemuel H . Mahan. H. R. 10896. Edward Varley. House resolve itself into Committee of the Whole House-- H R "04.,; Eldwin B Force H. R. 10902. Jay Cobb. · · ~ "'' · · H. R. 11036. Mary Hanson. The SPEAKER. That has already been done. The House H . R. 2084. William G. Irwin. H. R. 11072. William Spotts. H. R. 2085. James S. Armstrong. H. R. 11125. Emanuel Sheese. resolves itself into Com:nllttee of the Whole House on the stnte H. R. 2292. William F. Knisell. H. R. 11126. Willi:J.m F. Bailey, of the Union, with the gentleman from Wi~consin [l\Ir. BURKE] H. R. 2341. Thomas n. Irons. H. R. 11127. Simeon Mick. H. R. 2716. Mary El. Bousman. . H. R'- in the chair. H. R. 3029. Susan Querry. H. R. 11149. Frederick ...... Mr. MURRAY of Oklahoma. Pending that, I ask that an H. n. 3037. Daniel c. BoswelL H . R. 11162. Margaret Gallagher. H. R. 11184. Nancy Bates. agreement for two hours' general debate on this bill, one hour H. R. 3045. James L · S pencer. H. R. 11190. Robert N. Scott. H. R. 3046. Ellen l\L Cutler. Kllb to be controlled by the gentleman from Texas [Mr. DIEs] and H . R. 3236. Robert C. Stanley. H . R. 11360. Nathan J. y. the other hour to be controlled by myself. 245. Charles w. Botkin. H. R. 11410. Peter Risban. H. R. 3 H. R. 114!>3. Adam R. Zimmerle. Mr. MANN rose. H . It. 3248. Francis M. Marsh. H. R. 11454. James Chambers. The SPEAKER. For what purpose does the gentleman rise? H. R. 3254. Jonathan Colyar. H. R. 11567. Daniel B. Huddle. H. R. 3484. Mary A. Parker. H. R. 11584. Sinnary Bohner. Mr. 1\IAJ\TN. The House has not voted to go into Committee H. R. 3611. Kate R. Harner. H. R. 11587. George S. 'l'tlson. of the Whole yet. H . R. 3821. Jacob Smith. M 'tt. R. 3959. Henry R. Miller. H. R. 11655. George S. err1 The SPEAKER. The gentleman is mista~en. The way thnt H. k H . R. 11710. Julia A. Thornton. H . R. 4003. Carrie A. H 0 Uen b ec • H. R. 11776. Georgiana W. Samp- came about was that the gentleman from Kansas [Mr. HELVER­ (now Knopple). son. ING] moved to go into the Committee of the Whole for the pur­ H. R. 4333. Julia A. BSIDlM'tpll. H. R. 11832. Charles W. Peet. pose of djscussing this pension bill, and he asked, pending that, H. R. 4590. Hebron · 1 er. H. R. 11835. J"ames E. Waters. H. R. 4599. James M. Dilley. H . R. 11863. Thomas Eversole. that this particular bill be considered in the House as in Com­ H. R. 4840. Michael Weber. H. R. 11924. Clement Waldron. mittee of the Whole. H. R. 4856. Henry Smith. H R 11958 Samuel Rem' hart. 1\Ir. :MANN. But the motion was not put. H . R. 5254. Thompson Decker. H.· R.•· 11990.· Charles H. Dart. H. R. 5288 · Theo d ore Str unk· H. R.12074. Maria Antonia Martl- The SPEAKER The Chair begs the gentleman's pardon. H. R. 5411. Johanna Scull:r. M' k The motion was put. The Reporter has it in his notes. But ~t H . rr. 5435. James A. Foss1t. nez de · m • H. R . 5455. William Foltz. H. R. 12083. Willlam R. Zook. will take less time to put it again than to hunt up the record. H. n. 6054. Ferdinand Walser. ~: ~ : gfg~: ~~ci~a1t~ynolds. And pending that motion, the gentleman from Oklahoma [Mr. H . R. 6078. John Bean. MURRAY] asks to consider what? H R 6121. Alfred A. Trover. H . R. 12162. Allen T. Hodge. H: u: 6.246. William Bales, alias H. R. 12202. Samuel M. Wakley. Mr. MURRAY of Oklahoma. To agree upon a division of. William Shaffer. H. R. 12224. Manuel n. Campbell. time, whereby general debate shall be for two hours, one hour H . n. 6!!49. William Syers. H. R. 12262. Mary A. Bond. to be controlled by myself and the other by the gentleman H. n. 6253. Orin McCreedy. H . R. 12318. Leo Blubaugh. H R 6274 Charles H. Hines. H. R. 12356. Benjamin F. Overton. from Texas [Mr. DIEs] . . n' 6430. Jennette A. Wickham. H . R. 12374. Peter N. Hardman. Mr. TRIBBLE. Mr. Speaker, reserving the right to object, H M tz H . R.12459. Frederick R. J . Wren. H.· R.· 6547- .· Christianne c · en er. H . R.12554. Isabella Cordia. I would like to ask the gentleman from Oklahoma a que.:,"i:ion. H . R. 6844. James B. MUler. 2558 J Wh 1 H. r ... 6872. Josiah Summ~rs. H . R. 1 . oseph F . ee er. Mr. MURRAY of Oklahoma. Very well. H. R. 6900. Rebecca A. Libbey. H. R. 12615. Florence V. Roth. 1\Ir. TRIBBLE. Ha.s the gentleman from Oklahoma charge H. ll. 6980. John Barbean. H . R.12680. James Hickman. of this bill? H. R. 7143. David S. Trent. H. R. 12685. Elizabeth Beach. H. R. 7555. Ford Cosey. H. R. 12713. Lewis L. Bean. Mr. MURRAY of Okla.homa. They authorized my name to H. R. 7815. Alfred Go_rdon. . H . R. 12763. Nancy J. Steward. be attached to the report. H .·n. 7844. EJdward .Llcht~nstem. H . R. 12775. George W. Hutchison. Mr. TRIBBLE. I will ask the gentleman from Oklahoma if H. R. 7007 . .Anna Wmdme1ste!. H . R. 12777. William Eastlick. H . R. 7930. Jeremiah Laughhn. H. R. 12825. Dennis W. Palmer. he has had his attention called to the bill introduced by myself H. R. 8091. Jennie Saylor. H. R. 12828. Henry Bottger. for one Robert Wilson, who is paralyzed? H. R. 8127. Louisa M. Carothers. H. R. 12833. Henry A. Walters. Mr. MURRAY of Oklahoma. No; I do not remember that I H. R. 8328. Elizabeth Me!J-ady. H . R. 12 35. Theodore Metcalf. H. R. 8445. Charles S. Swmeford. H . R. 12861. Robert F. McCurdy. have bad. H. R. 8584. Hattie Dannels. H. R.12888. John Phillips. Mr. TRIBBLE. Does the gentleman recall the case where H. R. 8629. Charles Daili}Y· H . R. 12889. Isaac Wyckofl'. one of the officers in command of a company swore in these H. R. 8682. JenJ!ie E. Miller. H. R. 12893. Frances M. Gooding. H. n.. 8706. Maria J . Bnrnham. H . R. 12939. Anna M. Stroessinger, papers-- , H . R. 8721. Joseph C. Bell. II. R. 12957. Jonathan Greely. Mr. MURRAY of Oklahoma. No; I do not recall the case. H. R. 8774. Mary U. IIull. H. R. 129G1. Jane H . Crofut. Mr. TRffiBLE. Maybe the gentleman will recall the case H. R. 8860. Allen Rosebery. H. R. 12962. Ellen L. Kneller. H. R. 8916. James Aitken. H . R. 12971. Herbert Wadsworth. when I baye asked him the question. H. R. 9005. Hiram H. Rndd. H. R. 13007. Jerome B. Secrest. Mr. 1\IURRAY of Oklahoma. I am sure I did not, Mr. H. R. 9085. Solomon R. Beam. H . R. 13008. William Zegenfus. Speaker, because the gentleman presented it to me privately H . R. 9152. Delia R. Goss. H. R. 13022. Webster Benner. H . R 9357. Lenora Lathrop. H. R. 13027. Lyman Mosier. a while ago. H. R. 9370. Narcisse Menard. H. R. 13030. William F, Mosier. Mt. TRIBBLE. Well, if the gentleman will allow me to ask H. n.. 9400. Frank M. Fry. H. R. 13057. George Vandegrift. him the question, he can answer it One affidavit by one of his H . R. 9447. John Levingston. Phil· H. R. 13100. Albert Rine. H . n. 9504. Martha Jane B. H . R. 13119. Susan A. Smith. officers, by the name of Marcus B. Brewer, alleges that Robert lips. H . R. 13140. Letitia A. Turner. Wilson was stricken with sunstroke at Chickamauga Park while H . R. 0011. Edgar H. Sampson. H. R. 13146. Henry C. Ellliott. in rank and was picked up and carried out of line. He testifies H . R. 0627. Chester W. Lynds. H. R.13149. Caroline Kirman. H R. 9746. John ~L Dodd. H . R.13160. Robert Myers. that he did have a sunstroke while in the ser·vice in line of H: U. 9775. Augustine M . .Adams. H. R. 13165. Joseph Bailey. duty. In this same case there are allegations of doctors who H. R. 9846. Samuel Faust. H . R. 13209. John Rigbt. testify that this man is a paralytic and unable to do any work H R 9868. Jane M. Brown. H. R. 13210. Charlotte R. Thorn- H: R: 9939. Carrie Sheldon. ton. whatever, and they connect this paralysis with the sunstroke. H. R. 10042. John S. Hall. H. R. 13215. James D. Gloud. Does the gentleman remember that case? rr. R. 10123. Mar;v M. Evans. H . R. 13255. Wallace Barnes. l\1r. l\IURRAY of Oklahoma. No. H . u. 10184. David C. Brown. H. R. 13259. Alexander Mattison, H. H. 10262. Michael C~vanagh. H . R. 13261. Ruben Riley. l\Ir. TRIBBLEJ. Has the committee considered this case! II. R. 10264. John P. B1schofl'. H. R.13283. James R. Sage. l\1r. MURRAY of Oklahoma. I do not really know. H . R. 10288. Geneva Eeha. H. R. 13337. Myron T. Spencer. Mr. TRIBBLE. Then I will say to the gentleman before I H. R. 10380. John W. Hendershott. H. R. 13345. Justus N. Stillman. H. R. 10410. Cecilia Cochran. H. R. 13348. Charles l!'. Goodwin. consent to any agreement I must ha"'e a promise from this H. R. 10412. Carolina Apfel. H. R. 13353. Julius R. Brace. committee to reconsider this case. H R. 10450. Leander Chapman. H. R. 13375. Hubbard D. Carr. 1\fr. l\IURRAY of Oklahoma. I will say to the gentleman rr: R. 10603. William M. Ipng. H. R. 13376. Thomas H. Hancock. H R 10658. Robert H. Fields. H . R. 13379. Elizabeth J. Peckham. that the committee has considered the particular· cases con­ n: n: 10661. Pauline Kerr (incapa· H. R.13385. Smiley W. Hamilton. tained in this bill, but there are a number of other bills pend­ ble). H . R. 13393. Henry T. Howell. ing before the committee which constitute a good many more II. n. 10680. Sarah E. Freed. H. R. 13409. Michael D. C. Staner. H . R. 10692. Henry Lemke. II. R. 13424. John Michel. than are here. We have not had time yet to consider them. I H. n. 10690. Levi M. Winchell. H. R. 13433. Jane Cramer. will state to the gentleman that I hase several bills myself H. H. 10701. I saac N. Baker. H. R. 13473. Adeline Waskey. before this committee, and not one has been reported to this H . R. 10705. Joel H. Towner. H. R. 13480. Elisha P. Graham. H. R. 10706. David S. Peters. H. R. 13506. .Alexander Powell, House at this session. As soon as we get to the bills we will H. R. 10716. Seth Clark. H. R. 13586. Josiah J. Wame. be able to do it. We have considered these bills that are em- H . R. 10755. Andrew Sutton. H. R. 13031. William H. Knapp. bodied in the pending bill - H. R. 10803. Allen S. 'l'IUltchcr. H . R. 13036. Montgomery Patton. Now I will yield to the gentleman's question. Mr. HELVEillNG. Mr. Speu.ker, I ask unanimous consent to Mr. TRIBBLE. I will ask the gentleman if I did. not write extend my remarks in the RECORD. him a letter about two weeks ago, asking the committee to con· 4974 CONGRESSIONAL RECORD- HOUSE! ~f.AROH 17, sider this case? I now ask the gentleman if the committee 1\fr. AIDRRAY of Oklahoma. Mr. Chairman, all I have to say did not refuse to consider it? " about this bill is that we have considered these particular cases, 1\Ir. MURRAY of Oklahoma. I do not remember. and we have held pretty shictly to the line of the rules laid Mr. KEY of Ohio. Mr. Speaker, I want to state, for the bene­ down for the guidance of the committee. Wherever we have fit of the gentleman from Georgia [Mr. TRIBBLE-], that that case found a case that in equity entitles the claimant to a pension was before the committee, and the committee saw fit to lay the we have tried to give it. We feel that the Pensions Committee case on the table. in the House is imilar to a coUl·t of equity, to supply the defects M:r. TRIBBLE. Will you reconsider the action? wherein the law is deficient. The department in many in­ Mr. KEY of Ohio. 'I'he committee did consider it, and laid it stances, because of the strictness of the statute, is unable to on the table. • grant a pension and dismisses the application, when an examina­ Mr. TRIBBLE. Will you give me a hearing on the case, and tion shows that the applicant, by reason of destitute condition, will you give my colleague from Georgia [Mr. BELL] a hearing? in spite of inability to meet the cold letter of the law, is as 1\fr. MURRAY of Oklahoma. I think that would be fair. much entitled to a pension as any person upon the roll. In all 1\Ir. KEY of Ohio. I think it would be necessary that the these cases, and especially the Spanish War cases, we have matter be taken up by a vote of the full committee. If the tried to ascertain the financial condition of the claimant and to gentleman desires to appear before the committee he can grant pensions where. by reason of poverty, it was necessary to appear before the subcommittee having that bill in charge. take care either of the soldier or his widow or children. Mr. TRIBBLE. Then with that understanding I will not I reserve the balance of my time. object, Mr. Spealier, to further proceeding on the bill now 1\fr. DIES. Mr. Chairman, I feel that the attention of the before the House. committee ought to be called to this legislation. If I did not The SPEAKER. Does the gentleman from Oklahoma ask believe that this bill was made up of a lot of cases that are anything a bout the division of time in his request? wholly out of proportion not only to the law but to the pen ions Mr. MURRAY of Oklahoma. Yes. One-half of the time to be that are paiu to soldiers of the Civil War, I wonld not take up controlled by myself and one-half to be controlled by the the time of the committee to call their attention to the matter. gentleman from Texas [l\Ir. DIEs]. I do not know but you can label any injustice under the sun a 1\fr. MANN. l\Ir. Speaker, may I ask is the debate intended pension and so pass it through Congress. I am told by a gentle­ to be confined to the bill? man who has been here many years longer than I have that you Mr. DIES. I will say to the gentleman from Illinois that my can pass any sort of an appropriation under heaven for any­ part of it is to be confined to the bill. body on earth if you will label it a pension. 1\lr. MANN. To this bill? If that is true, of cour e, it is not worth while to call your Mr. DIES. To this bill. attention to the manifest injustice of this bill. It is not only an Mr. MURRAY of Oklahoma. So far as I am concerned I do injustice to the taxpayers of this country, but it is an in­ not care for any time at all. jGstice to the old soldiers of the Civil War who are outclassed l\1r. MANN. We might want some time. I suppose in that and outpaid by these younger men of the Spanish-American event we could get it. War. I l.arn you now that you are laying up trouble for Mr. 1\ffiRRAY of Oklahoma. Very well. yourselves by giving large pensions to healthy, able-bodied The SPEAKER. Pending the motion to go into the Commit­ young men in this country who are going to walk along the tee of the Whole, the gentleman from Oklahoma [Mr. MURRAY] same side of the street as the old, crippled, worn-out veterans asks that the debate on House bill No. 14546 be limited to two of the Civil War; and ·those old veterans are going to take hours ; one half to be controlled by himself and the other half you to task, and they are going to ask you, " Why did you gi Ye to be controlled by the gentleman from Texas [Mr. DIEs]. Is this husky young fellow a greater pension than you gave. to there objection? [After a pause.] The Chair hears none, and me? He is a young man who never smelled powder, and I am it is so ordered. The question is on the motion to go into the an old man tottering to my final fall, who went through one · of Committee of the Whole House. the bloodiest wars in the annals of all history." The motion was agreed to. Moreover, this bill is the beginning of an old-age pension The SPEAKER. The gentleman from Wisconsin [l\Ir. BURKE] system in this country. I know many Members of Cougre s will take the chair. are in favor of old-age pensions, poverty pensions, if you please; The House accordingly resolved itself into Committee of the indigent pensions. In a great many of its items this bill has Whole House for the consideration of the bill H. R. 14546, with nothing upon which to base a pension except the statement that Mr. BURKE of Wisconsin in the chair. the person needs it. The CHAIRMAN. The House is in Committee of the Whole With this prefatory remark I want to call attention to cer­ for the consideration of H. R. 14546, the title of which will be tain specific cases. I want them to go into the RECORD. I want reported by the Clerk. the people of this country to understand with what lavish The Clerk read the title of the bill (H. R. 14546) granting hand we give from the Federal Treasury. When a case goes pensions and increase of pensions to certain soldiers and sailors into the RECORD and is sent out into the country, very few of the Regular Army and Navy, and certain soldiers and sailors people will see it this week. A few more will see it next week of wars other than the Civil War, and to widows of such soldiers or week after next, because these bills come every two weeks, and sailors. and if I live I purpose to call the attention of the committee 1\Ir. MURRAY of Oklahoma. Mr. Chairman, I ask unanimous to these legislative monstrosities every two weeks, as long as consent that the first reading of the bill be dispensed with. I am here; and at the conclusion of the consideration of this The CHAIRMAN. If there be no objection, the first formal bill I am going to ask for a roll call. I probably. will not get reading of the bill will be dispensed with. it, but I am going to ask for it in the House. I am going to There was no objection. ask for tellers in the committee, and I am going to ask for a The bill is a substitute for the following House bills referred roll call in the House, because I do believe that while there to the Committee on Pensions: is no justification for a private pension bill in any case, even H. R. 821. Clarence B. Brown. H. R. 6627. Oscar E. Harper. H. R. 917. Roy E. Knight. H. R. 6943. Charles F. Pandor:t'. as to the Civil War. for we ought to have one law for all H. R. 1255. Edward C. McDowell. H. R. GV52. Hale F. Hamilton. men alike, I do maintain that a · system of private pensions H. R. 1268. Hilda Furbom. H. R. 7053. John D. Ashley. every two weeks for the soldiers of the Regular Army and for H. R. 1295. Walter E. Harris. H. R. 7 30. Emma Fox. H. R. 1304. Rosie Scott. H. R. 7977. George Oatten. the soldiers of the Spanish War ought to outrage the sense of H. R. 1437. Farmelia R. Parris. H. R. 8435. William Miller. justice of every Member of this body. · H. R. 1544. Daniel A. Millard. H. R. 8452. James H. Martin. The first case to which I want to call attention is on page 5 H R. 1545. Charles Voos. H. R. 8490. Gambo C. Villines. H. R. 1601. James M. Pauley. H. R. 8653. Iarian E. Keyes. of the report, in which case they propose to give the pensioner H. R. 2007. James Turner. H. R. 9064. Andrew J. Wallace. $50 a month. H. R. 2511. Virginia :M. :Mills. H. R. 9~01. Peter H. Strumsky. Mr. KEATING. What case is that? H. R. 2643. Louis K. 'l'urner. H. R. 9973 Samuel P. Shupe. H. It. 2750. Stanley S. Stout. H. R. 10169. Edward F. Smith. Mr. DIES. That is H. R. 917. H. R. 2813. Della A. Cooter. H. R. 10173. George B. Weesner. When you give a young man who was in the Spanish-Amer_ican H. R. 3030. Mary A. BarbPl'. H. R. 10193. William H. Franks. War a pension for life you give him from ten to twenty times H. R. 30u3. Charlie L. Pennington. H. R. 10357. John Hodges. H. R. 3082. James H. Kampo. H. R. 10952. Otho E. Gepler. as much money value as you give to a soldier of the Civil War H. R. 3092. James H. Geor·ge. H. R. 11057. Addison B. Burroughs. to whom you give the same pension. Why? Because the actu­ H. R. 3311. Martella 1\I. George. H. R. 11260. James C. Hudson. arial valne of a $10 pension to a soldier who is now 37 years old H. R. 3315. James E. Hooks. H. R. 11434. Wiley Gullett. H. R. 4567. William Fcavel. H. R. 11639. Ernest W. Hilliard. is from ten to twenty times the actuarial value of a pension to H. R. 496 . Daniel Lawlor. H. R. 12964. 1\!artba R. Allwein. a soldier who is 70 years old. And in starting out now to take H. R. 5129. Edwar·d C. Franklin. H. R. 13328. Mary A. Dow. the soldiers of the Regular Army and the soldier of the SpnD;­ H. R. 5175. Emma J. Crocker. H. R. 13518. Catherean Mihalak. H. R. 6549. Eli.zabeth A. Shull. H. R.13933. Pawil Wiczlas. ish-Amelican War and put them on the pen ion roll, is to do it H. R. 6593. Crowell Lisenby. H. R. 13947. William E. Howell. with the knowledge before us that we are writing a debit 1914. . CONGRESSIONAL RECORD-HOUSE. 4975 against the Government even more tremendous than. t?at in­ :Mr. DIES. No; they knew in that day that they did not de­ volved in special pension bills for the soldiers of the CIVIl War. serve a pension, and it is only after Congress allows it to be In this case the pensioner is to get $50 a month as long ~s used for political purposes that they come and ask for pensions. he lives. He is now a young man 37 years old. Now, the next case is on puge 7 of the report. The records of the War Department fail to show the soldier was ever Mr. KEY of Ohio. Will the gentleman yield? in the hospital for medical treatment, but do show he was reported as Mr. DIES. For a question. sick in quarters upon seveml occasions for a day or so, the nature of 1\Ir. KEY of Ohio. I would like to ask the gentleman from the illness not being stated. * * * The soldier's rate of pension was increased to $24 per month from Texas if he referred to the case of Roy E. Knight? June 18 1906 under a special act of Congress approved that date. He Mr. DIES. I want to call the attention of the committee to still receives pension at said rate. a number of cases and the facts under those cases. Here is a Spanish War veteran, 37 years old, who has already Mr. KEY of Ohio. I wanted to call the gentleman's attention had the benefit of one private pension bill increasing his pension that he objected to the case of Roy E. Knight. to $24 a month, and here comes another to give him .$50 a ID:onth. Mr. DIES. I am not objecting to anythiqg; I am simply call- The next case is on page 6 of the report, and this man Is not ing attention to these cases. · entitled to a pension. Mr. KEY of Ohio. Why did not the gentleman call attention The records of the War Department fail to show the soldier was to the fact that the man is almost totally blind? treated during his service for any disability, a.J?-d ~bey also show no 1\lr. DIES. Oh, I can not read all these reports in full. I physical examination was made at the date of his discharge. No evidence has ever been given in this claim, and no medical ex­ call the committee's attention to the cases, and it is the Mem­ amination by a board of surgeons was ever had. bers' duty to read the report in full. The gentleman would not wait for me to read all these reports. There is no claim here in the record that he is entitled to a Mr. KEY of Ohio. But the gentleman picks out one particular pension. '.:'he only statement upon which a pension could be point and does not go through the case. As I say, this soldier is based is this : almost totally blind. .And that he had an honorable service in the Confederate Army- Mr. DIES. I can not yield to the gentleman further. .As I Did you get that? say, I can not read all of the reports in these caEes or in any Mr. KEATING. What case is that? case. I give you the salient facts, and yon can rely upon H Mr. DIES. This is H. R. 1255. that what I tell you about a case is true. Mr. KEATING. On what page of the report? Now, the next case is, on page 7, the case of Hilda Furdom, Mr. DIES. It is on page 6 of the report- of Kalmar, Kingdom of Sweden. The record shows that on And that he had an honorable service in the Confederate .Army, and February 17, 1902, the widow filed a claim relating the death afterwards in the United States .Army during the War with Spain. of the soldier due to military service. This claim was rejected But in the War with Spain he shows nothing that would April 26, 1902, on the ground that the evidence on file does not entitle him to a pension. He did not go through the form of establish the cause of the soldier's death or of its connection a physical examination; he made no pretense of any disability. with the military service, and the claimant declares her in­ Therefore he is to be pensioned as a Confederate solder, which ability to furnish additional evidence. is charitable, I admit. I know there were no braver soldiers This is just another ca~e where you are generous and tax in the world than the soldiers in the Confederate Army. the people of the United States for a pension unauthorized by :Many believe that they are entitled to receive a pension. I law to some good woman who lives in the Kingdom of Sweuen. myself never have believed that they ought to receive pensions The next case is on page 11 of the report H. R. 1304. This at the hands of the Federal Government. It has always been is a beautiful case. This is the case of Rosie Scott, who is tire my hope and belief that they will never apply to the Federal widow of Robert Scott, who served in the United States Navy Government for a pension. from April 6, 1872, to November 11, 1873, one year and 7 Mr. GOULDEN. Will the gentleman yield? months. He drew from the Federal Government the sum of Mr. DIES. I will. $1,698 in pensions. He had been drawing pensions of some sort Mr. GOULDEN. How old is this pensioner? for 37 years for that service, and this bill provides to pension Mr. DIES. Seventy-four years of age. his widow. 1\fr. GOULDEN. Does my friend feel that at that age, with You will find on page 13 H. R.1437. In this case the pensioner the man in his present condition, the fact that he has served drew two pensions for many years. Under the law one person his country as he thought right during the Civil War, and can not draw two pensions. The Bureau of Pensions dropped then in the Spanish War, that he ought not to receive a pension? one pension, because no person can lawfully draw two. Now Mr. DIES. There are a great many Confederate soldiers who the committee proposes to leave her drawing the pension as a served as this man did, 74 years old. If you want to pension mother and to give her $30 per month as a widow. I call your Confederate soldiers, why take one and give him a pension attention to the fact that that which is a penitentiary offense when there are a long line of them who served under Johnson, under the pension laws of the country is written into· the bill, who served under Lee, who served under Beauregard, who are and she is given two pensions for one person. just as deserving as this man; why single him out to give him Mr. MURRAY of Oklahoma. Will the gentleman yield? a pension? Mr. DIES. Yes. Mr. GOULDEN. We are not pensioning him for his services Mr. MURRAY of Oklahoma. Is that the case of Parmelia R. in the Confederate Army. Parris, of Hutchinson, Kans.? Mr. DIES. He is not pensionable for his service in the Span­ Mr. DIES. Yes. ish War. 1\lr. MURRAY of Oklahoma. She is a widow of a Mexican Mr . . GOULDEN. The committee find him pensionable. War veteran. :Mr. DIES. The committee says that the record shows that Mr. DIES. Yes. She is an old woman and had a son in the no physical examination was made at the date of discharge, and Civil War and a husband in the Mexican War. She drew two no evidence has ever been given in this claim, and no medical pensions for many years, and one of them was dropped. And examination by a board of surgeons was ever had. There is you now go outside of the law to give her $30 per month and no endence at all upon which to base a pensiou for services give her two pensions, which the Jaw does not countenance. during the Spanish War, and the only claim is that he is 74 I do not know of a case under the great Civil War where any yea.rs old and served in the Confederate Army. person, whether a general" or the humblest soldier, or his wife, Mr. GOULDEN. The gentleman from Texas evidently knows has ever been allowed lawfully to draw two pensions or is now that at the close of the Spanish-American War, when they were drawing two pensions. mustered out, the men were asked if they were 8uffering from 1\lr. L.A.. NGLEY. Mr. Chairman, will the gentleman yield? any wound or disability because of their service, and out of a Mr. DIES. For a question. spirit of patriotism and pride lots of men. answered "no." I 1\Ir. LANGLEY. Is the gentleman certain that his statement had a nephew who served in the Spanish-American War, very is correct, that this claimant is to draw two pensions? sick at the time, who answered this way. Mr. DIES. I am taking the report of the committee. Mr. DIES. I do not know why men when they were mustered Mr. LANGLEY. Does this pension not take the place of a out should make a false statement about it. If somebody asked previous pension? · him if be was sick, I do not see why he should not acknowledge Mr. DIES. No. . it. If they asked him if he had lost a leg, I do not see why Mr. KEATING. 1\lr. Chairman, will the gentleman yield fo~ 11e should not admit it. If tl1ey asked ·him if he had malarial a moment? fever. I do not see \vhy he could not say "yes" without reflect- Mr. DIES. No. I want to answer the gentleman's question. ing upon his patriotism. . 1\ir. KEATING. I am anxious that the gentleman answer it l\Ir. GOULDEN. They ·thought that in doing that it was not correctly. patriotic. 1\Ir. DIES. The gentleman can not help me to do that. 4976 CONGRESSIONAL RECORD-HOUSE .. MARCH 17,

:Mr. KEATING. It will enable the gentleman to answer it September 22, 1891, he filed a cla.im for pension based on hernia (rupture) of both sides, which he alleged was incurred in the service correctly if he will read the bill, because the bill says that she and line of dnty. After a most thorough special examination the claim .shall be granted a pension at the .rate of $30 a month in lieu was rejected J"nne 22, 1898, on the ground of no record and the claim­ of that she is now receiving, and when the gentleman says we ant's inability, even though aided by a special examination, to furnish evidence necessary to show that the double hernia was incurred in the grant her two pensions he is .Simply endeavoring to mislead the service and line of duty. No appeal was taken. House. Mr. DIES. I can not yield further. Here is the language of · Yet this Committee on Pensions winds up their .statement ~ the committee. I will read it, and then we will see whether I follows: From the evidence submitted your committee is of the .oplnlon that run trying to mislead the House : the disabilities from which the soldier now suffers were incurred .in H. R. 1437. Parmelia R. Parris, Hutchinson, Kans., widow of Ben­ service, and they therefore respectfully recommend the allowance of nett Parris, deceased, who served during the War with Mexic in pension at the rate of $24 per month. Company D, First Regiment United States Dragoons, !rom September 27, 1847, to August 12, 1848. (W. C. 807.) The next case to which I wish to invite the attention of the The soldier died ln 1866, and n pension was, on June 30, 1887, committee is on page 31 of the report (H. R. 4567), the case of allowed to the petitioner as his widow f-rom January 29, 1887, under the act of Congress approved that d.ate, at 8 per month. William Feavel. This is the pension of a soldiet· from the The petitioner was the mother of James L. Parris, who enlisted Regular establishment who served his country a little while, January 26, 1864, in Company H, Seventh Regiment Tilinois Volun­ was then paid all that tile country agreed to pay him, and 30 teer Infantry, and was killed in battle October 5, 1864, and she was granted a pension of $8 per month as his mother from the day fol­ years after his discharge he filed his first application for a pen­ Io ing the soldier's death. She was receiving this pension when she sion, due no doubt to the fact that we no longer consider pen­ applied for and was allowed a pension as the widow of her husband, sion bills-we just pass them and gi\e e""eryone what he asks who had served during the War with Mexico. She continued to draw the two pensions until 1896, and it was clearly shown she was inno­ for. We have a case here of a pension based upon service ren­ cent of any intent to defraud, and believed she was entitled to receive d~red more than 50 years ago by .a man who neyer asked for a both pensions at one and the same· time. She was given the right to pension in his life. elect which pension she wished to retain, and selected that as mother­ they were the same rate, $8-and recovery was made of all erroneous Well, the very next case in page 33, H. n. 4968, Daniel Law­ payments and pension u.s widow was terminated. Under the act of lor, Albany, N. Y. He serYed in the Regular Army, and for 40 .April 19, 1!)08, the rate was increased in each class to $12, and she now years after he was paid off and duly di.scha.rged, he made no receives pension as the mother at $12 per month. She could, if she so elected, surrender the pension she draws as a claim for a pension, no disability, not entitled to it under the mother and be restored to the rolls as a pensioner at the same rate-­ law, and he comes now and is to receive a pension for having ~12 per month-as widow of a Mexican War soldier. served in the Regular Army. Now, in that case to which I have I submit, Mr. Ohairman-- just referred, where the man made no claim for a pension for 40 :Mr. KEATING. Finish the reading of the report. years, here is what the record shows: :Mr. DIES. 1\fr. Chairman, if the committee had not intelli­ The soldier, u.s shown by the records of the War Department, was gence enough to E=ay what they mean, then they ought not to be 18 years of .age at enlistment and a bartender by occupation. He was treated for a disease in October, 1866; for vulnus incis (incised unfair enough to challenge my motives, to impugn my moti"res wound), March 6 to A"Pril 5, 1867 ; for a disease in J.anuary and JuJ..y, for following the language of the report. 1868 · Janu:1ry, J"une. and December, 1869; and May and June, 1870; Mr. KEATING. Will the gentleman yield? for '1lacerated wound, altercation," July 18 and 19, 1870; and for disease in February, 1871. Nothing in tbe records, the War Depa.rl­ Mr. DIES. For a question. ment reports, specifically shows whether the disability treated March 6 Mr. KEATING. For a suggestion. to April 5, 1867, was incurred in line .of duty. Mr. DIES. I decline, Mr. Chairman, to yield for a suggestion. 1'\o evidence was filed prior to the Tejection of the claim, and no Mr. KEATING. Then I will ask the gentleman a question. medical examination has been made. I will ask the gentleman if he w1ll rend to the committee· the And yet the committee reports: concluding paragraphs of this report? From the evidence submitted your committee believe that the dis­ abilities from which the soldier now sutrers were incurred in service Mr. DIES. I will read that: and line of duty, and recommend the allowance of pension at the rate The panding bill treats with the Mexican War claim, and the case is of $12 per month. prepared to be considered as if she were now pensioned as the widow of a :Mexican War soldier. The next case is H. R. 5129, page 34. This is the case of a With the bill the petitioner files an affidavit 1n which she .states thnt man w,ho served in the War with Spain, and the records of the she is very old-she is over 80 years of age--and very feeble and has -no property and no income other tha.n her pension of $12 per month. War Department fail to show that he was during t11e service It is shown by competent testimony of several lay itnesses that the eve1.· reported as sick or received medical treatment for any petitioner is the widow of the deceased Mexican War soldier, is very cause. When discharged he claimed to be suffering from n{) old and feeble, and posse ses no property and has no ln-eome except her pension of $12 pex month. disability, and the medical officer who then examined him From the evidence submitted, your committee believe that an increase certified h~ could find none existing. However, he claimed that ~~~m!~~. $30 per month is warranted in this ease, and it is so he had been sick in the service, and here is what the testimonY. shows; What case? As the wife of a Mexican soldier. It is stated The military .ree<~rds show that he was on furlough from October 8, specificrilly that they do not deal with her pension that she is 1898, to November 6, 1898, and on November 7, 1898, was examlned at Wilmington, Del., preliminary to muster out. He was then asked receiving now under the Civil War, but they are dealing with whether he had any reason to believe that he was suffering from the the Mexican War, and under that she is entitled to draw both effects of any wound, injury, or disease or had any disability or im­ pensions, according to my construction. pairment of health, and answered "No.'1 The surgeon who examined Mr. KEATING. Mr. Chairman, will the gentleman yield for him certified that be found no disability. The claimant, being confronted with his own signed sta~ment that a questi~n? he was free from disability on November 7 1898, bad no explanation Mr. DIES. I decline to yield further. to offer except that he did not recall making1 such a statement. He Mr. KEATING. Will the gentleman -read the bill? aclmowledged that the signature was genuine. .Mr. DIES. I decline to yield further. The gentleman has That is the testimony, and from the testimony the Pensions said that I am trying to decei-ve the committee, and if that is Committee think that he is entitled to receive a pension. the opinion he has of me he ought not to ask me to yield to him. 'The next is H. R. 5175, page 37 of the report. This soldier .Mr. KEATING. When the gentleman 3ets through-- served 3 months and 8 days. .After he served that time in the Mr. DIES. Yes; when I get thro!Jgh just eat me up. Gen­ Spanish-American War he got married. The report says: tlemen who are in the habit of eating up the Public Treasury The records of the Navy Department fail to show any sickness or and the funds from the taxpayers of the country ought not to treatment of the soldier during his service. have much trouble in eating me up. I think if they will just He never filed any claim for a pension. Now ihe widow is to eat me np and quit eating up the tax money for illegitimate be pensioned, and the committee says : pensions it will be a good thing for the country. I think the From the evidence submitted in this case, your committee is of the people who pay the taxes in this country could dispense with opinion that a pension of $12 per month, with 2 additional for each me a good better than they could witn their hard-earned cash. of the two minor children until they, respectively, reach the age of 16 The fii;St thlng a man learns when he comes to Congress is years, is fully justltied n.nd so recommend. how to get a private pension bill through. He learns to loot On page 38 you will find the case where a man 54 years ago, the Treasury under a pri\ate pension bill long before he leurns or, rather, this is the application of a widow of a man who 54 the fundamental rules of the House of Representatives. years ago did something. Nobody seems to lrnow what, because Let us take up the next case, on page 16 of the report, the the evidence shows that he did not do anything in the service case of Jrunes Pauley, of Carbond::tle, Colo. He served in the of the United States, but he did something in California for Regular establishment, in Company M, Nineteenth Regiment 4 months and 20 days. The State of CaJifornia filed a cJaim Kansas Volun~eer Cavalry, from October 29, 1868, to April 18, against the Federal Gov.ernment, and the Government, as usual 1869, when he was honorably d.Lscllarged. I read from the re­ and always, paid the claim and California paid the soldier for port: his 4 months and 20 days' work, or whatever it was. Now, The records of the \Var Department fall to show the soldier was ever remember, that has been 54 years ago. Thirteen years after reported as sick or r~cci>ed medical treatment for any cause. he did this 4 months and 20 days' work he got married, and at 1914. CONGRESSIONAL RECQRD-HOU_SE. 4977

this Jate date his widow applies for a pension, and the com­ Of course we an know that the Regular soldiers have to do an mittee says: awful lot of hard work, but aftet· be got through for Uncle Sum From the evidence submitted your committee believe that a pension as a Regular soldier be was paid off. Twenty-eight years bad of $12 per month is fully warranted, and so recommends. gone by, and. be heard, 1\lr. Chairman, that everybody got a The next is the case of H. R. 6593, page 38. This good pension who asked for it, and be asked for one, and gets it in person comes from Georgia, served in the War with Spain, and this bimonthly bill. he has filed a claim for a pension. The claim was rejected on And then there is the case over here, on page 55, H. R. 86u3, the ground of no disability May 2, 1908, and agidn Febrnary where the man's troubles, according to the records of the Navy 15, 1910, on th~ ground of no record, medical or other satisfac­ Department, were debauch, excessh·e use of alcoholics, and tory evidence shown incurrent in service or existent at dis­ -venereal disease. That is a claim, however, for a pension for charge of the alleged injury. The report goes on to say : his widow. He was married three times, and there is no record Reopening bas been several times denied. to show the death of but one of his three wives, and this allow­ The soldier. as shown by the War Department records. was 23~ ance is for $12 per month, with an additional pension for each years of age at enlistment. The records of physical examination at enlistment show: of the two minor children. We will have to pay three, or four, "Chills and fever at 21 years of age. Gonorrhea In 1898. One molar or fiy-e, or six pensions for this man who served his country gone." principally in the canteen. He was treated for causes other than the alleged injury of back- I am just skipping over these cases, but I will take the most ! want to call attention to that "alleged injury to back"­ glaring ones, although they are all glaring; they are all in viola­ among which was preputial chancroids, multiple, not in line of duty, from January 26 to February 1, 1901. There is no record of treatment tion of the general law; most of them unmeritorious, and none for injmy of back, but he was treated October 25 to 28, 1901, for acute of them should be passed. This is a case, H. R. 11057, on pnge lumbago, both sides, cause unknown, in line of duty. 71 of the report. This man is yet a young man. He is 37 years The claimant was examined by a board of surgeons at Macon, Ga., old. I want you to get this, members of the committee. He April 1, 1908. They reported his height as 5 feet 10~ inches, weight 160 pounds. The board said he was " well nourished. Heart and lungs served a whole month and 18 days in the War with Spain, that , negative. Urine negative. No evidence of injury to back except his bloody conflict. Howeyer, he never got into the bloody part of word that be suffers pain there. He does regular work of farm band it. The records of the War Depnrtment fail to show thnt he daily. No evidence of specific disease." · ever reported as sick or eYer receh·ed medical treatment while And yet the committee say- in the service. When discharged he claimed he was suffering From the evidence submitted your committee believe that the disabilities from malaria. The medical officer by whom lle was examined from which the soldier now suffers were incurred in service and line of duty, and recommend the allowance of pension at the rate $12 per certified that no evidence of disability could be found to exist. month. Your committee says: If not, why not? [Laughter.] Here is a young man doing From the evidence submitted your committee believe that the dis­ regular farm work, lively and husky, who led a dissolute life abilities from which the soldier now suffers were incurred in the serv­ ice, and we respectfully recommend the allowance of the pension at the probably and occasionally bas the backache as a resul-:: from rate of $12 a month. it, but be is doing regular farm work, though, drawing a stipend eyery month, and this committee finds that he ought to On page 76, H . R. 12964, is the case of a lady who wants to go down into the Public Treasury and take out an annuity of be pensioned as a nurse. She was not in tile war, but prob­ $144 a year to be paid as long as this young man lives, con­ ably in the Philippine Islands. She is not entitled to be pen­ tributed by the toiling millions of this ~ountry, an annuity to sioned under the general law. If she had served with Grant him, probably to aid him to buy a farm, I do not know. in his campaign against Lee and ·had administered to the needs On page 50-I will have to burry along because I can only call of the dying soldiers on the battle fields between here and Rich­ attention to a few of these cases-here is a case, H. R. 7977, mond, she would be entitled to $12 a month, but not having beginning page 49 of the report, and the report says: been in that war or any war, your committee allows her $50 a The special examination disclosed the fact that the claimant had month. It is true the good woman bas lost her eyesight, but borne a pretty bad character prior to his enlistment, having been prose­ when she was examined before entering the service the report cuted for and convicted of larceny, but that since his ciscbarge be bas of the examination, dated December 20, 1905, shows that her married and been a steady worker and kept out of trouble. He has always been a very thin man, and before and since service has gone left eye bad a con-vergent squint, cloudiness of vitreous humor, by nickname " Sldnny." It is not shown that be was ever ill prior and so forth, and that she bad practically no vision in the left to the service, and it is not shown that be has been sick to any very eye. She was in that condition when she went to work, but marked extent since his recovery from malarial fever, from which he was suffering very severely at the time of his discharge. In fact, be the Government paid a fair wage-better than she could get out­ worked for some time prior to enlistment for two brothers-J. Fred and side of the Government. She nursed one year or two years, I Chauncey Tyler-and has worked for them most of the time since hi~ forget which, and then she left the seHice. Now, you are going service, and these brothers both state that they can see no difference in his health since service from that be enjoyed prior thereto. He bad to give her an annuity of $600 a year for life, just for a few lost practically no time from work after his recovery from malarial months of service. fever until 1909, when the special examination was bad, an.d he tumed Now, hlr. Chairman, I have no prejudice against those who in on an average about as much work since his service as be was accus­ tomed to do prior thereto. ser\ed in the llegular Army. I have no sort of prejudice against those who served in the War with Spain. It was not And yet- a war to be compared with the War between the States. I From the evidence submitted your committee believe that the dis­ abilities from which the soldier now su!Iers were incun·ed in service believe there were between 300 and 400 men killed in the and line of duty and recommend the allowance of pension at the rate of Spanish War and probably between 1,000 and 2,000 wounded. $12 per month. I am not sure. The figures are very small, at any rate. I Mr. QUIN. Will the gentleman yield? know that ar01md El Caney and San Juan we lost between Mr. DIES. I wilL 200 and 300 men, and we had 1,100 or 1,200 wounded, and I M:r. QUIN. Does not the gentleman think he is doing good believe that is about all the loss we sustained in the War with service in working the Government? Spnin. Mr. DIES. Yes; he is a young man; be is getting a larger I want to tell you that if you allow this thing to continue, pension now than the old soldiers of the Civil War got when they long before the Civil War pension roll begins to decrease the were his age. He will be getting it when be dies. He will be 500,000 men entitled to consideration by this committee will getting it for injuries in the seryice long before be gets old, ha•e raised the pension expenditure hundreds of millions of but of course these records will be all wiped out and the fact dollars. You know that there are about 500.000 men who at that the claim is anowed here and made will be prirca facie some time or other are going to ask for a pension under these evidence that be is an old soldier, a veteran in the service of various demands, and their widows, their children, and the his country, and who had a broken buck in the service. first, second, third, and fourth generations. They give it to a [Laughter.] wife while she lives, and when the wife dies the mother in­ o,·er on page 51 is the bill II. R. 8435, the case of William herits it. When the mother dies, there will be some child. 1\Iil!er. He is now in the National Home at l\lilwaukee. and There are always some children in the family of a pensioner. being taken care of in good shape, no doubt. He was discharged It would make a person disabled to know that by being dis­ 32 yenrs ago, but he was neglected. It never occurred to him abled they could get a pension for being disabled. You are go­ until this bill wns introduced to nsk the Government to give him ing to haYe disabled children and disabled members of the a pension, ancl to gh·e you some little idea now of what we may fami.lies of eyery soldier and sailor in the llegu1ar Establish­ ex11ect in regnrcl to it, the soldier was examined by a bonrd of ment and every soldier and sailor who wns in the Spanish­ surgeon on June 1, 1910, and they report thnt he ought to have American War. And you are going to ride this country down $72 a month ns a pension. witll pensions that nre a thousand times worse than the old­ And then fuere is tlle case, on pnge 53, H. R. 8490, of Gnmbo age pensions. If you want to giYe old men and old women C. Villines. He sen·ed a few yenrs-from 1881 to 1886-iu the pensions without regard to sen·ice to this country, as nn act .- Regular Army 28 years ago. lie was paid off by his employer . of generosity, do not give one of them $10 and another $12 and ~978 . CONGRESSIONAL RECORD-HOUSE. 1\fARcH 17,

another $20. If you want to give an old-age pension in this 16, 1899, while a member of Company B, Third Regiment Geor,.ia country, give a small pension, as they do in England, to the Volunteer . Infantry, and in the Philippines, he incurred sHere deu.f­ n.ess of right ear, caused by concussion, and also varicose veins of old men and old worn outs throughout the countl'y. I am right leg. opposed to that, because I know when you put a premium on He filed another declaration for pension March 9, 190~. alleging pauperism, when you open the public crib that paupers may that on or a~out. the 1st or 15th of November, 1D05, in the Philippine Islands (Whlle m Troop K, Eighth Regiment United States Cav­ come in and feed, and every man can look to the Treasury in alry), he incurr.ed a swollen instep, caused from varicose veins, and his old age, you will breed more paupers and indigents in this that he was tw1ce operated on for such disability by a contract sur­ country than all the saloons and all the wars and all the pesti­ geon, Dr. George Clayton. Ser>tember 3, 1909. he filed another application, stating that about lences ha\e bred for a hundred years. October .15 or November 15, 1906, while in Troop K, Eighth Regi­ About this bill I ha-re nothing but the kindest feelings for ment Umted States Cavalry, in the Pb11ippines, he contracted a fibrous the magnificent gentlemen who are in charge of it. They are on tumor ; that he was also treated in 100{i for tuberculosis and has ever since been troubled with lung disease. the Pensions Committee, and all are good men and just as patri­ The first two claims were rejected 1\fay 24. 1000-for piles-on the otic as I am. They are a part of the system, and that system ~r~und th!lt such di ~ase existed before enlistment in Company n. you and I and all others are responsible for, namely, the private­ Th1rd llegiment Georg-1a Volunteer Infantry, as shown by the records of the. War D partment; for vancose veins of right leg and swollen pension system of this country. While they are on that com­ r!gbt mstev •. affecti~n of ri~bt foot and leg, altcg-ed as result of opera­ mittee they are compelled to report these bills. They are no tl~n for vancose vems of right leg, on the ground that varicose veins more to blame for H than the Speaker of the House, or Mr. existed prior to enli8tment in Company I, Ninth Regiment United S~ates Infantry, as sh?wn by the records of the Wn1· Department; for UNDERWOOD, or you, or myself. And I only say to you that you dmrr:hea, dysentery .. dt ~ea se o~ bowels, stomach, and rectum. exclusive and I and all others ought to put a stop to all these private of Piles. and com.tmatwn. inJury of back and alleged resulting lum­ pension bills, and if we can not stop them all along the line, let bago, and deafness of right ear, on the ground that a ratable de!ITee of disability had not been f"bown since date of application. "' us stop them for everything except the Civil War. Put a stop From that .action ap])eal was taken, and under date of Augnst 20, to them. Gi\e them all fair and equal justice under the law 1999, the Assistant Secretary of the Interior affirmed the rejection. and let that be an end of it, because we are laying up trouble The clarm filed September 3, 1909, was rejected January 25 1911 because a. ratable degree of disability had not been shown from date of. for our Government and laying up trouble for ourselves if. we application from disease of lungs or bronchial trouble. The claim for do otherwise. varicose vein'S, realleg-ed as fibrous tumors, was not reopened. The War Department records show the soldier 22 year~ of age at his I want to say to the committee that I shall want a roll call first enlistment and that he then had "small external piles." 'Tb.erc is on this bill. I want a record made in this committee by tellers, no record of medical treatment during that service, but he is reported or by roll cull in the House, whichever body we happen to be on the company muster-o_p.t roll as sick in h{)spita.l .Au~st 12 and 13, In quarter~ August 19 to 2o. 1898. Upon exammation preliminary to dis­ in when the time comes when we can get it. I want to get a charge from first service he said he tJJen had no disabUity and was cor­ record of whether in respect to this almost bloodless wnr we roborated by his capt!.!-in, Jame~ hl .. Kimbrough, jr., and a surgeon'. are going to start out to do what we did with reference to the The record of phys1cal exammatwn at enlistment (second) in Com­ pan_y I, Ni~th Reg¥nent United States Infantry, July 8, 1809, shows bloody Civil War; whether we are going to pension nurses at "sllght varicose vems, both leg-s, below knees." $50 and whether we are going to gi\e men large pensions who During this service he was treated for malarial fever December 19 never saw actual service; whether we are going to pad this to 21, 18!)9; Januar-y 17 and 18, February 10 to 18, and March 4 and 5 1900; for acute diarrhea, M!lrch 27 and May R1 to --- -, 1900; seryice with respect to the Regular Establishment. I want to for acute external hemorrhOids, March 27 to 30, 1000, and November giye e\ery man a chance to help me to get a roll call, and after 23 to 27, 1901; for. dental curies-teeth filled-June 2 to 5, 1!)00; for we get it to help me vote against this bill. acute coryza (cold m head), Janpary 18 to 28, 1901; for acute bron­ chitis, February 2G to March 5. lDOl; for acute hepatitis, March 10 to l\Ir. Chairman, I have tried to state these cases fairly, but as 24, 1!)01 ; and for acute orchitis, right testicle, gonorrheal, .April 19 some gentlemen think I have failed to do so, I insert the report to 30, 1901. of the Committee on Pensions, which speaks for itself. The record of physical examination at the third enlistment, Septem­ {House Report No. 370, Sixty-third Congress, second session.] ber 28, 1004, showed: " Varicosities both lower legs. Measles, mumps, whooping cough at 5 PENSIONS AND INCREASE OF PDNSIO~S FOR CERTAIN SOLDI.EllS A~D SAILORS or 0 years of age. Dysentery at 25 years. Sore eyes at 10 years of age. OF THE REGULAR AR:UY .L'W NAVYJ ETC. Gonorrhea, sore on penis, and circumcision at 24 years of age." , Mr. Mumu.Y of Oklahoma, from the Committee on Pensions, submit- He was treated during this service as follows: For fibroma to, etc. ted the following report, to accompany H . R. 14546: (fibrous tumor of lower left leg o.r ankle), cause undetermined, but at­ The Committee on Pensions, to whom was referred sundry bills grant· tr.ibutcd to local irrlta~ion from legging or ill-fitting shoe. Compllcation. 1ng pensions and increase of pensions for certain soldiers and sailors F1bromato removed, skm sutured under cocaine anesthesia January 16, of the Regular Army and Navy, etc. submit the following report : 190G ; from January 10 to February_ 6, 1906, foe varicose veins internal 'I'hi bill is a substitute for the following House biUs referred to said SUl·face right leg. Complication, March 3 to May 28, 1006. May 1, committee: lSOG, suspected tuberculosis of lungs, under observation and treatment H. R. 821. Clarence B. Brown. H. n.. G627. Oscar E. Harper. since January 10, 1!)06. Tertiary syphilis manifested by general glanu­ H. R. D17. Roy E. Knight. H. ll. G943. Charles F. Pandor!. lar enlargement of lymphatic glands. not in line of duty; multiple fibt·o­ H . R. 1255. Edward C. McDowell. H. R. 6052. Hale F. Hamilton. mato, right ankle, Jone 8 to August 5, 1906 ; intestinal colic, acute, Oc­ H. R.1268. Hilda Furbom. H. ll. 7053. John D . .Ashley, tober 23 and 24, 190G, and gastritis, acute, April 20 to 26, 1!)07. H. R.1295. Walter E. Harris. H. R. 7830. Emma Fox. The claimant was examined by a board of surgeons at Macon, Ga. H. R. 1304. Rosie Scott. H. R. 7977. George Oatten. February 18, 1003. They reported height 5 feet G inches, weight 125 H. R. 1437. Parmeliu R. Parris. H . R. 8435. William Miller. pounds; that he had no dysentery; hemorrhoids, rated six-eighteenths; H. R. Hi44. Daniel A. Millard. H. R. 8452. James H. Martin. no sign of injury of back; no evidence of pain in small of back; no H. R. 1545. Charles Voos. II. R. 8490. Gambo C. Villines, disease of ear nor deafness ; varicose veins of right leg of moderate H. H. 1601. James M. Pauley. H. R. 8<353. Marian E. Keyes. degree, no ulceration, rated two-eighteenths; no edema, or heart signs, H. R. 2007. James Turner. H. R. 9064. Andrew J . Wallace. cyanosis, or any sign of dyspnea ; no lung disease, chest measures H. n. 2511. Virginia M. MU!s. H. R. 9201. Peter H. Strumsky. 33-37; no kidney disease; does not seem robust and sti·ong ; he is evi­ H. R. 2643. Louis K. Turner. H. R. 9973. Samuel P. Shupe. dently suffering from syphills. H. R. 2150. Stanley S. Stout. II. R. 101GO. Edward F. Smith. He was examined by another board at the same place December 7, H. R. 2813. Della A. Cooter. H . R. 10173. George B. Weesner. 1910. They reported weight 129 pounds; general appearance healthy; H. R. 3030. :Mary A. Barber. H. R. 10193. William H. Franks. heart negative (rapid) ; urine negative; lungs 33~, 35~, left side does H. H. 3063. Charlie L. Pennington. II. R. 10357. John Hodges. not expand as well as right, percussion negative. Posterior broncho­ H. H. ~108~. Jam~ H. Kampo. H . R. 10952. Otbo E. Gepler. vesic breathing along lower border of scapula left side. Coughed con­ H. R. 3'()!)2. James H. George. H. R. 11057. Addison B. Burroughs. stantly during examination. No sign of cavity; pile tumors protrude H. n. B311. l\Iartella M. George, H. R. 11260. James C. Hudson. on bearing down; no tumor on foot; scar anterior right ankle from H. R. 3315. James E. Hooks. H. R. 11434-. Wiley Gullett. operation; varicose veins right leg and thigh; pharynx congested-no H. n. 45G7. William Feavcl. II. n. 11639. Ernest W. Hilliard. disea. e of larynx; nose normal; slight enlargement of glands of body ; H. H. 4068. Daniel Lawlor. H. R. 12964. Martha R. Allwein. no other sign of syphilis. No evidence of vicious habits. Rate, ten­ H. H. Gl29. Edward C. Franklin. R. R . 13328. lUary .A. Dow. eighteenths for varicose veins of leg and thigh. II. R. 5175. Emma J. Crocker. H. R. 13518. Catherean Mihalak. Clarence H. Kelly, of Company M, Eighth Cavalry, testified that he H. R. 6549. Elizabeth A. Shull. H . R. 13933. Pawil Wiczias. was in hospital with the claimant in the Philippines; tha.t the latter H. R. O:i93. Crowell Lisenby. H. R . 13947. William B . Howell. had an operation performed on his foot at that time and was also being The follow'...ng are the facts ascertained by the committee con­ treated for his lungs, both contracted, so far as he knew, in the Army. cerning the case of e::tch beneficiary in said bills and the conclusions William Castlen and J . L. Swint testified, jointly, March 2, 1909, of the committee n.s to the proper amount of pension or increase of that the claimant was then "more or less disabled" for manual labor; pension which should be granted: that they had noticed his leg was badly swollen ever s1nce he came out H. R. 821. Clarence B. Brown, of Macon, Ga., served as a private of the .Army; and that they had seen his foot and considered it 1n very in Compu..'lly B, 'l'hlrd Regiment Georgia Volunteer Infantry, during bad shape. the War with Spain, from July 14, 1898, to April 22, 18~D. when l't!. V. Means and M. r . Weston testified, December 8, 1!>10, that they mustered out with the company; in Company I, Ninth Regiment United had known the claimant for three years and ha.d noticed that he sutrcrs State Infantry, from July 8, 18!m, to April 26, 1902, when trans­ with a severe cough, which causes him great trouble, which, they be­ ferred to Company B, Fifth Regiment United States Infant1·y, from lieve, renders hin1 unable to do any manual labor. .Also that he sull:ers which he was discharged July 25. 1902, by expirntion of his term of from a crippled foot. enlistment. He also served from September 28, 1!>04. in the Twentieth S. II. Smtth, ?\1. D., testified, May 8. 1903, tbat the claimant was in Battery, Field Artil1ery, United States .Army, to February 6.. 1!>05, a low state of health on Au~ust 4, Hl02, and has improved bot little when transferred to Troop K, Eighth Regiment United States Cavalry, since; that he tr·eated him in S ~p tember, 1902, for chronic cystitis ; from which he was dlscharged September 27. Hl07, u. cook, upon ex­ that he had also treated him for chronic bronchitis (when not stated) ; piration of his term of enlistment. (I. 0., 12881)01.) and that he is suffering with varicos veins of right ankle which dis­ 2 nbl~ him from wnlkin at times, and with Internal and external hemor­ pi:!;e J~tf~idsd f;;_r I\t~~1~n l~g~us~Jie ufg 'cg~~~g; f.a~i~hthRe~~~Et rhoids, which bleed profusel.v at times; that he was called to see claim­ United States Infantry, he contracted stomach and bQwel tt·ouble, ant Uarch 30, 1903, and found him su!Tering with colic, caused by dla~· rhea, and dysentery, alternatin~ with constipation; that in Feb­ indigestion; that he has such spells ever four or five weeks, which dis­ ruary, 1902, in same company, he incurred injury to back and result­ able him for a week or 10 days at a time; that be considers claimant ing iumbago, caused by horse falling on him; also, that on October one-half disabled. 1914. CONGRESSIONAL RECORD-HOUSE. •4979

In another affidavit, made Februnry 12, 1909, this witness said .he 31, un·s, on the ground of claimant's manifest inability to connect the met the claimant about October 15, 1907; that he had varicose vems alleged disabilities with his mllitary service as shown by his sworn of rl,..ht leg and three scars from operation, foot and leg tender; that statement. No appeal was taken and no effort was made to reopen the he has treated him off and on ever since, and he has not been able claim. for manual labor half the time. The records of the War Department fail to show the soldier was In an affidavit executed November 9, 1910, he said he had been the treated during his service for any disability, and they also show no claimant's physician about three years; that he finds. him tr~mbled physical examination was made at the dat~ of his discharge. ith catarrhal condition of stomach and bowels, varicose vems of No evidence has ever· been given in this claim and no medical ex­ right le~ from thigh to foot, and that he is not able to do enough amination by a board of surgeons was ever had. manual labor to earn a living for himself and family. . With the bill, your petitioner files an affidavit in which he states that June 5, 1909, this witness testified that the claim.ant was sufi'ermg ~ is 74 years of age; suffers from rheumatism in legs and arms and with catarrhal condition of stomach and bowels m the spnng of partial paral~sis of left shoulder and arm ; that he does not know that 1903 and has so suffered ever since; that he bas ha!l several attac~s these disabilities had their oricin in the military service ; that he is of acute indigestion in the last 18 months; that he lS almost deaf m unable to perferm any manual labor and has no property exeept about ri~ht ear and has. a weak hack. $50 worth of clothes and a trunk. ~In an affidavit accompanying the bill the petitioner states that he 'l'here is filed a certificate of the United States surgeon, of the trans­ iR partially disabled by injury of right foot, by f?Welling of foot, a~d port 1"essel upon which the soldier served, in which it is set forth lung trouble ; that he .owns no property of any kmd, and that his m­ that the soldier was under this surgeon's professional care and treat­ come from all sour·ce IS $300 a y-ear. ment for severnl wee-ks during March, 1901, during service, suffering Two lav witnesses state that he is in bad health and has been for from gastric irritation and intestinal indigestion to an extent to S€nsibly two years and has no means of support except from his daily labor, impair his health and strength. The surgeon states that in his opinion which is a very small amount owing to his physical condition. these disabilities were due to the long service of the soldier upon trans- The gentleman who introduced the bill states that the .Petitioner !s 0 in feeble health ; bas no means of su~port except his dally ~abor ; IS ~~t;~:~e~u~~:i~gd e;g~~es~ I;gre~~as~n~~ ~~~~r~~akr~e~e~~~ unab;e to engage in any steady or continuous employment, which facts was rendered upon transports upon these waters. he knows from acquaintance with the applicant and familiarity with 'l'wo witnesses testif-y that the soldier is 75 years of age, feeble and 111 infum in health, and unable to perform any manual labor, and is now b;.tr:r.~~es M. iliillargy testifies that he is examinin.,. officer for. the without means ; possesses no property of any kind ; and that he bad an at Macon, Ga., nd on July 1, 19l3, he exammed honorable service in the Confederate Army, and afterwards in the the petitioner for entrance to tbe Army and rejected him because he United States -Army during the War with Spain. is suffering from varicose veins. F'rom the evidence submitted in this ease it is believed that a pen­ Another affidavit has been filed by the soldier dated January 19, sion of ~4 per month is fully warranted, and it is so recommended. 19H, setting forth practically the same facts, circumstances, and con­ H. R. 1268. Hilda Fur.bom, 'City of Kalmar, Kingdom of Sweoon, ditions as outlined in his previous affidavit. is the widow of Charles 0. Furbom, deceased, who served during the From the evidence submitted it is believed that a pension of "$17 War with Spain, in Company U, First Regiment Illinois Volunteer per month is fully wal-ranted, and it is so recommended. Infantry, from .April 26. to No-vember 17, 1898, when he was honor· H. R. 917. Roy E. Knight, of Aurora, Ill., S€rved during the War ably discharged. Some of his service was rendered in Cuba. He with Spain, in Company I, Third Regiment lllinois Volunteer In­ was 25 years of age at enlistment. (W. 0. 7.56843.) fantry from April 2G, 1898, to January 18, 1899, when honorably The records of the War Department show the following treatment : di E=<:ha ~~ed. He was 21 years of age at enlistment. (I. C. 1077301.) " August 20 to 22, .1898, diagnosis not stated, but in line of duty ; The records of the War Department fail to show the soldier was August 31 to September 5, 18D8, mal1l.ria in line of duty." ever in the hospital for medical treatment, but do &low h-e was re­ When discharged he alleged he was suffering from malarial poison· ported as sick in quarters opon several occasions for a day or so, the ing and the m~dical o:fficei" by whom he was examined certified he nature of the illness not being stated. was tben suffering from "temporary malarial weakness." When discharged he claimed to be suffering from diarrhea and April 1, 1001, the soldier tiled a el.aim for pension based upon <.:ramps, but the medical officers by whom he was then examined could malarial poisoning which he also claimed had resulted lJ;J. disease find no evidence of any dlsabi1ity existing and so certified. of the lungs. This claim was allowed at $.0 .per m.ontb from date ~t lie .filed a . claim for pension December 8, 1905, based on malarial filing to Jantllll'y 13, 1902, the date of the soldier's death, for mala· poisoning, dysentery, and resulting disease of the rectum. He also rial poisoning. Disease of the lungs was rejected as it is not accepted alleged nearly total blindness of the left eye and impait·ed vision of the 1by the Bureau of Pensions as a result of malarial poisQning. As the right eye, and cla.J.med it was a result of malaria and rectum trouble. !Soldier had died prior to allowance of his claim payment of the pension This claim was allowed from date of filin.g at tbe rate of $10 peT was :rrutde to bis widow. month for malarial poisoning. dysentery, and resulting disease of the February 17, 1!302, the widow .filed a claim alleging the death of rectum, but blindness of the left eye and impaired vision of the right the soldier was due U> his military service. This claim was rejected eye was not accepted as a result of said diseases. April 26, 1902, on the ground " the evidence on file does not establish The soldier's rate of pension was increased to $24 per month from the cause of the soldier's death or of its connection with the military June 18, 1906, under a special act of Congress approved that date. He service, and the claimant declares her inability to furnish additional still receives pension at said rate.. evid~nce." On March 9, 1012, be filed a claim in the Bureau of Pensions in which •.rue evi.dence in the claim of the widow clearly shows her to be the be stated that he had lost the sight of both eyes and believed same was lawful widow of t"he soldier who died January 13, 1902. In her due to malaria and rectum disease for \\hich be was formerly pen­ claim the widow contends the death of the soldier was due to the sioned, and asked to be allowed a pension at the rate for total blind­ malarial l}oisoning that had been a.ecepted as of service origin. ness (5100 per month). This claim was approved for malarial poison­ '£he evidence aoes not clearly and positively show what was the fatal ing and dysentery and resulting disease of the rectnm at $10 per month, disease from wbieh the soldier died. There is record of treatment in but the Pension Bureau refused to accept total blindness as a result of the service for malaria, and when he was examined June 2-6, 1901, by said disease. a. board of surgeons it found he was markedly emaciated and his gen­ An appeal was taken, and in a decision of December ~8, 1912, the eral appearan-ce was bad. He was then 28 ~ears of age, 6 feet i!J. .Assistant .secretary of the Interior sustained the adverse action of the height, and weighed only 120 pounds, and while there was some ev~­ Bureau of Pensions. In this decision it Is admitted that in a few denee of malarial poisoning the main disability the board found him r:ue instances there has been found cru;es where blindness foli{)wed, suffering from was pulmonary tuberculosis, and they stat~ as to this and was due to malarial infection. as follows: Dr. Thomas A. Woodrul'l', n \"ery prominent surgeon of . Ill., n This claimant is so disabled from phthisis pulmonalia as to be who is in charg-e of the ophthalmic department of St. Luke's and St. incapacitated for the performance of any manual labor and is entitled Anthony's Hospitals of that city, states in an affidavit executed No1"em­ to 30 per month." ber 23, 1011, that he bas examined the soldier and finds total blindness Dr. W. C. War-d, of Cblcago, testifies that he treated the soldi~r of both eyes, and a history of malarial poisoning, and disease of the in January 1890, for " a functiOillll disturbance of the heart," and m rectum following dysentery, and that ill affiant's opinion the blindness JaBuary, February, and March, 1901, ·for phthisis pulmonaliA. and of this soldier is due to the malarial poisoning, diarrhea, dysentery, -and then advised him to go to Colorado, California, or New Mexico. resulting rectum disease contracted in the service. This eminent Affiant further states that he has no sort of doubt phthisis pulmonalis speclalist goes into detail in describing the several forms of glaucoma caused his death. ( 1./lindne~s), and tbe specific type from which the .soldier suffers, and gi;eo several citations of high medical authorities showing that this Shortly .after March, 1901, the soldier took up his residence in Texas type of glaucoma can and does result in blindness by atrophy of the and came under the medical treatment of Dr. W. M. Gallaher, who testifies in April, 1902, that he treated the soldier in September ·and optic nerves, from which be states the soldier suffers. He cites Knies, afterwards for malaria, stomatitis, and bronchitis, but did not see him Itelations of the Eye to General Disease, page 401 ; Datzmann, Wien, for some time prior to the date of his death; that he was called to see pa~e 514; Vachi, page 634; Kastowsky, page 281; Webste1· Fox, text­ him the day of his death. but arrived after he died. In a sub~equent L>ook. pa""e 410 and page 412. affidavit thi witness states that in his opinion that " malarial poisoning With fhe bill is filed a letter from the Member who introduced same, was the h"lle origin of his disease and death." who states that he has filed an affidavit of the soldier with the office The widow appealed from the rejection of ber claim, and in a decision of this committee, in which it is stated by the soldier that he is totl:jlly of March 12, 1904, the Assistant Secretary of the Interior sustained blind and t1osse ~ ses no property, and that be also filed affidavits of lay the adverse action and held that all of the evidence pointed to pul­ witnesses showing the soldier has no property, and of a doctor showing monary tuberculo&is as the cause of the soldier's death, and that dis­ be is totally blind. Such affidavits can not be found in the committee ease could not be accepted as a result of malarial poisoning. This deci· rooms, but were doubtless filed, as alleged, although a careful search sion will be found attached to the brief in the Pension llureau file. has be>en made for same. However, as this Member (M.r Copley) With the bill the petitioner files an affidavit stating the soldier was states in a Jetter to the committee that the soldier is totally blind and strong and well before service ; that he contracted malarial poisoning possesse>s no pl·opeJ·t:v and uo income except bis pension of $24 per in the service, which so weakened him that he fell a prey to pulmonary month, and his wife is foreed to work as a bookkeeper. troubles fl"'Om which he died, and she thus believes his death due to his The nwdical testimony recently filed in the Bureau of Pensions, which serviee; that she is the lawful wldow of the .soldier and has no property has been hereinbefore cited, shows the soldier is totally blind, and in or income except that derived from her own labor. This statement was the opinion of the doctor the blindness is the result of malaria and made July 8, l911 rectum troubles. Two lay witnesses on July 3, 1911. swear that the petitioner bas not From the evidence submitted in this case your committee is of the remarried since the death of the soldier, nnd is his lawful widow, and opinion that an increase from $24 to $;)0 per month is fully warranted, possesses no 1>roperty oT income except that which she earns I.Jy her and it so r.ecommends. own labor. H. R. 1255. Edward C. McDowell, Hanford, Wash., served as a errp­ .Another iay witness on April 8, 1913, swears to the same facts con­ tain, acting quartermaster, United States Volunteers, during the War cel'ning lawful widowhood and possession of no property. with Spain, 1rom 'May 31, 1898, until b{)norably discharged Jnne 30, Dr. W. M. Gallaher swears that he believes the soldier's death was 1901. Served in the United States and Cuba. (1. 0. 1407524.) due to tuberculosis with malarial eomplications. He applied for pension December 30. 1912, alleging that in Cuba in From the evidence submitted, your committee believes that a pension June, 1899, he contt·acted

5, 1898, as 11 landsman on the United States ships Wabash, F":olic, and Two lay witnesses, Ruel T. York and George A. Tomlinson, testify li'·ranli:lin. He was honorably discharged upon recommendation of a that they have known the petitioner for 30 years; lived close neigh­ medical board smvey by reason of physical disability. Chief pnrt of bors to him; that since his discharge from the Navy he has suffered se1·vice in waters about Porto Rico and Key West. He was 35 years of from some kind of stomach trouble constantly, undet· care of a physi­ age at time of enlistment. (1. 0. 44240.) cian a large part of this time, and is not able to perform any sort of On December 6, 1898, the petitioner filed a claii~ for pepslon on man~al labor; that he is without means, and is partly supported by account of gastric catarrh contracted between Porto Rtco and Key West, chanty. Fla., in September, 1898. Two other lay witneses, C. Joel nankin and Fred W. Newcomb, upon The claim was rejected .January 15, 1901, on the ground of no ratable the same date testified to the same facts, with the exception that they disability since the date of filing. have only known petitioner for 15 years, or since his discharge from Another claim was filed on December 14, 1910, and rejected April 18, naval service. 1012, on the same ground. Reopening was denied twice, June 10, 1912, From the evidence submitted it is believed that a pension of $12 per and August 14, 1912, for the same cause. month is fully warranted, and it is so recommended. The sailor served 58 days on the Wabash and was not reported sick H. R. 1304. Rosie Scott, of Greene, Me., is the widow of Rlbert Scott, at all. He served 54 days on the Frolic aud was carried 11 da;vs on who served in the United States Navy from April 6, 1872, to Novembet· the sick list. He was treated September 13, 1898, on the Frohc for 11, 1873, when discharged on medical survey. He served in the United "gastritis-acute-duty." Discharged Sept~mber 14, 1898, to naval States Navy, Regular Establishment, Vermont to Aptil 17, 1872, on hospital New York ( ?) . The hospital ticket states: the Portsmouth to June 27, 1872, on the Lancastet· to March, 1873, " Catarrbus gastricus acutus. There is good evidence that it was ln and on the Vermont to date of discharge. (W. 0 . 967264.) line of duty, the man becoming debilitated while serving on this ship, The sailor was pensioned as a landsman, U. S. S. Lancaster, .January and was complaining for several days prior to September 3, 1898, when 21, 1874, at the rate of $3 per month from November 12, 1873, for the be was placed on sick list, being unable to retain food on his stomach " effects of pleurisy." · and unfit for duty. lie has been vet·y nervous for past two weeks and On .June 8, 1907, the name of disability was changed to disease of bas been troubled by insomnia. Soups have been retained at times in right lung, and the rate was increased to $8 per month from l\lay 6, stomach but solid food bas usually caused vomiting. E'or the past few 1906. The rate was subsequently increased to $10 per month from nights ~an has had night sweats and chilly sensations. I have heard December 15, 1909, and to $12 per month from October 19, 1910, slightly prolonged and harsh breathing at right apex. Sputum bas not The pensioner died May 25, 1911, of disease of heart. been examined. Urine examined and found negative. Man at times The widow applied for pension .June 21, 1911, alleging the sailor's seems to lose presence of mind and worries excessively. Case paper death from dispase contracted on the Lancastet", United States Navy. states: · Catarrhus gastricus acutus. Origin, duty, incident to naval The claim was rejected .June 8, 1912, on the ground that tbe sailor's service. Stomach very irritable. Has slight cough. September 23, death from disease of heart was not a result of disease of right lung, 1808, speciil.l duty, mild exerc.ise. S~ptember 26, impt:oving slowly. for which he was pensioned, nor accepted as having been otherwise October 3, discharged to FrankZm for discharge from service. Surveyed due to his naval service which ended 37 years before. Reopening was . September 23, 1898.' " denied in .July, 1912. '.rhe medical survey of September 23, 1898, states : The sailor's original claim for pension was filed November 15l 1873, " ntH for service; defective teeth, permanent; recommended that he and was based on "disease of heart and pulmonary consumpt on." be discharged from service. Origin, not in line of duty.'' The naval records show by medical survey made November 3, 1873, The petitioner swears he was strong and well before enlistment; that that he was then wholly disabled by disease of heart and pulmonary be contracted disease of stomach during service while near Porto Rico consumption due to exposure to atmospheric changes and dampness of in September, 1898, and bas never recovered from tbe disease, and is sbip ..doing duty on the U. S. S. Lancaste1· in the South Atlantic Fleet unable to perform manual labor as result thereof. prior to August, 1872. The only testimony in the claims proper. other than that of the A medical survey made March 14, 1873, showed him unfit for service sailor, Is that of Dr. A. M. Card, of Head Lide, Lincoln County, Me. by valvular disease of heart, of indefinite future (luration, which origi­ In affidavits executed November 2, 1899; August 16, 1900; .January nated in line of duty from exposure to constant dampness of ship and 25 1901 · March 28, 1902 ; and .January 25, 1912, he sets forth, undeJ• atmospheric changes ; that he had an attack of pleuritis in line of duty oath that he bas known the sailor since about 1885 ; was his family and has had trouble with his heart since then. First admitted to sick physician ; that he was strong, rugged, and well prior to enlistment; list August 27, 1872. that he returned from the service suffering from gastric catarrh of He was treated April 28. 1873, for rude respiration all over chest, stomach and bowels in a very bad condition; that he has treated him slight crackles at apex of tbe left, posteriorly, and over the lower part as family physician all this time, as he ?id p_rior to his. enlist~ent, and of left chest, posteriorly. he has steadily grown worsB from s~1d disease until he lS n.ow .a An official medical examination made in the pension claim December physical wreck and unable to do any krnd of manual labor, and m hu• 1873~ disclosed no evidence of consumption or heart disease. The opinion he will never be able to earn his living; that his physical con­ boara said: dition is entirely due to gastric catarrh of stomach and bowels, which "The movements of the chest are limited to H inches, with evident be contracted. in the United States service. dullness on percussion over right lung, the result of pleuritis. The body In connection with the application for reopening of the claims .affi­ is ~lOorly nourished. General health impaired. davits of Dr. Card, executed on May 14, 1912, and James E. Mulligan ' Disability, one-half." and Ruel T. York executed July 25, 1912. were filed. Dr. Card states He was next examined September 6, 1877. The surgeon said be that be had that day examined the sailor and found him suffering found no indication of disease of heart, but found some dullness on from disease of stomach, the objective and subjective symptoms of which percussion on the right side ; general health good. Rate, $3. were as follows : He was examined by a board September 24, 1877. They found no " Pain and stricture in stomach, fullness of stomach, most of the decided dullness over chest on percussion, but some heart trouble­ time. caused by :zas, loss of appetite, great distress in taking food. action acceleration and some dyspnea on effort. vomiting and chills, loss of strength and flesh, the coughing up of The next examination was made by a board on May 16, 1906. They daily quantities of his meals, daily attended by pain." reported: · Mulligan and York state that they knew the sailor prior. to his enlist­ "Age, 70 years; height, 5 feet 6 inches; weight, 160 pounds. Fairly ment, at date of his discharge, and ever since; that since discharge he well nourished. has suffered from stomach disease every month, all of the time, and is, in " Lungs: Normal percussion resonance, no rales on pleuritis, friction their opinion. disabled one-half from earning his living by manual labor. sounds, though deep breathing ~?xcites a cough. Chest measures 33~, 35. The claimant was first examined by a board of surgeons November " Heart: Apex beat in fifth space and one-half inch to left of line of 22, 1899, at Bath, Me. The board reported: . nipple. Area of dullness extends 2 inches to left of nipple. He is con­ " Bodv well nout·ished, skin normal, tongue not coated, red, and· in­ siderably cyanotic, which is increased by exertion; a good deal of dented by teeth. Throat and lun~s normal, as evidenced by a careful dyspnma after slight exertion. Heart's action very feeble, no arterio­ examination. Inspiration 25, expuation 33. .Heart: Cardiac dullnes~, scl<:'rosis. heart dilated. action weak, sounds normal. No areus, semles or edema. Gast.nc " Rating, effects of pleurisy, $24." catarrh : We find marked tenderness over the stomach and excessive HP was examined by another board !'.Ia.y 15, 1907. They reported tympany on percussion over an increased area ; equals six-eighteenths. six-eighteenths for effects of pleurisy, twelve-eighteenths for disease of Hepatic dullness. medium line 3; nipple line 3~ ; ancillary line 4. heart. Splenic dullness from eighth to twelfth ribs, increased forward : equals Another board rated, October 19, 1910, seventeen-eighteenths for dis­ two-eighteenths. Spleen tender on percussion and palpation. No other ease of right lung and ten-eighteenths for heart disease. disabilities found. No vicious habits." C. C. and Mary E. Stetson testified in April, 1912, that they had On February 21, 1912, he was again examined, this time by board of known the sailor since 1886 ; that be was affected by a shortness of surgeons at Augusta, Me. They reported : breath and at times by a cough, which to them denoted heart and lung "Urine: Acid, yellow. clear, ten-twentieths, no sugar or albumen. trouble. No evidence of disease of urinary organs. Rate, 0/18. The public death record shows death May 25, 1911, from valvular "Heart: Apex beat fifth space nipple line. Area dullness, fourth to disease of heart; age 75 years 9 months and 13 days. sixth rib%1. Heart action weak, regular, hurried; there is a deferred Dr. D. F. D. Russell testified that the sailor died May 25, 1911, of murmur, heard with greatest intesity over tricuspid area, general cya­ valvular disease of heart; that he dropped dead in church; that JJ.is n osis. no edema, extremities cold, dyspnea on exet·cise. Rate, twelve­ ricrht lung was diseased and he was weak and run down; that the eighteenths. d1~ratlon of his last illness was from April 1910; that he had a severe '' Lnngs : Muscles soft, fairly nourished, form erect, chest full, expan­ cough was short of breath, unable to walk a great deal, was very sion 35-38. Rate, 0/18. feeble' and would fall to the floor at times; that the remote or con­ "Disease of stomach: Eyes yellow, skin sallow, tongue red. fissured, tributary cause of death was weakness following degeneration of lung liver dullness fourth space to 2~ inches below free costal border and 2 lnchPs left of medium line, tender. Spleen extends forward to anterior and cardiac weakness. ab.'ilary line, sixth rib to crest of illium and tender, abdomen tender, In another affidavit this witness snid the sailor had no valvular epigastrium full tender, rectum normal. Rate, twelve-eighteenths. lesion, but n very weak heart and weak lungs. • "This claimant gives a clear history of chills and fever since service; In an affidavit filed with the bill the petitioner states that she ts says he has them evet·y two or three weeks, and has since bein~ dis­ 68 years of age; that she owns no property and is supported by charged from the Navy. No otber disabilities. No vicious habits. charity. - Filed with the bill is an affidavit of the petitioner in which he says The petitioner in affidavit of .January 6, 1913, again states that she he is wholly unable to perform any manual labor by reason of disease bas no means of support and is destitute. This is supported by affi­ of stomach, malaria, and heart trouble, and has no income or means of davits of Everett L. Mower and 0. E. Hanscom, recently .filed. support and owns no property of any kind, and is a charge upon In an affidavit executed .January 19 1914, the petitioner states charity of friends. that she is 69 years of age, and that ali of the property possessed by There is an affidavit of Dr. Card, executed February 18, 1913, In ber consists of household goods worth not more than $50. . . which he states that petitioner is suffering ft·om inflammation of stom­ Dr. 0. E. Hannan testifies January 22, 1014, that the pebtion~r ach and bowels, chronic; also has malarial poisoning and hernia of suffers from valvular disease of the heart, Bright's disease in chrome stomach ; that be h&s treated him for those diseases since he returned form, is feeble, and requires the constant attendance of ano1;her person. fl'Om bis naval service, and he bas suffered constantly from same; Two lay witnesses testify January 22, 1914, that the w1dow is ?ld that he is unable to perform any manual labor; that he knows the peti­ and feeble and helpless, and ha·s no property and depends upon char1ty tioner was a sound and well man prior to his enlistment. for a living. 1914. CONGRESSIONAL RECORD-HOUSE.

From the evidence submitted your committee believe that a pension 1 Service treatment: of $12 per month is fully justified, and so recommend. " September 22 to Oetober 3, 1898. malaria; November 2!} to Decem­ H. R. 1437. Parmelia R. Parris, Hutchinson, Kans., widow of B-en­ ber 10, 1898, sprain o! left ankle~ October 25 and 26, l':!On, llD.d March nett Parris deceased who served during the War with Mexico in 31, 1!>00, intercostal neuralgia. No additional record found." Company D, First Regiment United States Dragoons, from Se-ptember- When mustet-ed out from each service he stated that he was suffering 27, 1847, to Au.gust 12, 1848. (W. C. 807.) from no disability, and n~me was found to exist by the medical officers The soldier died in 1866, and a pension was, on Junu 30, 1887, by whom he was examined upon these occnslons. allowed to the petitioner as his widow from January 29, 1887, under He filed a. claim for pension June 25, 1908. based on malarial poison­ the act of Con~ress approved that date, at $8 per mont?-. . ing (chills and fever). This claim was rejected April W. 1910, on the The petitioner wus the mother of James L. Parns, who enlisted ground of the claimant's inabiUty to prove by medical or other satis­ January 26, 1864, in Company H, Seventh Regiment Illinois Vol­ factory evid~ce that the disability existed at date of discharge and unteer Infantry, and was killed in battle October ~. 1864, and she was continually thereafter. No appeal was taken, but two efforts were granted a pension of $8 per month as his mother from the day fol­ made to have the claim reopened, and each was denied because evidence lowing the soldier's death. She was reeeiving this pension when she oft'ered failed to warrant such action. applled for and was allowed a pension as the widow of her husband, George Hennes and David Conner t estify in 1910 that they were ho had served during the War with Mexico. She continued to ~raw comrades of the soldier in the service, and .know he, while in service, the two pensions until 18D6, and it was clearly shown she was moo­ sufrered from malaria and an attack of what they thought typhoid fever. cent of any intent to defraud and believed she was entitled to receive George F. Voos testifies in 1908 that he is a brother of th-e soldier }loth pensions at one and the same time. She was given the right and knows when the soldier c:une home from the service in the Philip­ to elect which pension she wished to reWn and selected that as pines he was su.l!ering from chills and fe-yer and has since suffered from mother-they were the same rate, $8-and recovery was made of all same constantly. erroneous payments and pension as widow was terminated. Under Dr. Frank Webb testifies in 1908 that the soldier has been under his the act of April 1~. 190-s, the rate was increased in each class to $12,. professional care since 1902 until the date of the execution of the affi­ and she now receives pension as the mother at $12 per month. davit, suffering from a chronic form of malaria, which has weake-ned She could, if she so elected, surrender the pens1on she draws as a his heart, and he is unable to perform hard labor as a r esult thereof. mother and be restored to the rolls as a pensioner at the same ra.te- The soldier was examined by a board of surgeons August 19, 1908, 12 per month-as widow of a Mexican War soldier~ The pendln .~ who report that he is 36 years of age, 5 feet 7;\ inches in height, an-d bill treats with the Mexican War claim, and the case is prepared to weighing 139 pounds. They found him sulfering- from mala:rial poison­ be considered as if she were now pensioned as the widow of. a Mexi­ ing. wilh usual results of disordered stomach, liver, and spleen; rate, can War soldier. eight-eighteenths. They could find no disease of the heart or any dis­ With the bill the petitioner files an affidavit In which she state~ ability not covered by the rate for malarial poisoning. that she is very old--she is over 80 years of age-and very fe~ble In the el!orts to have the cla.im reopened other testimony was filed. and has no property and no income other than her pension of $12 but it is cumulative in its character and adds nothing to the merits of per month. th~ case. It With the bill the petitioner ftles an aifidavit, in which he states that is shown by competent testimony of several lay witnesses that he is wholly unable to earn a living by manual labor and possesses no the petitioner is the widow of the deceased Me-xi-an WaJ!' soldier, is property. He further states that he cantra..cted a cough in the service, very old and feeble, and possesses no property and has n-o ineome whkh continued after dlscharg!l and. finally developed into tuberculosis. except her pension of $12 per month. from which he now sutrers. From the e>idence submitted yeur c-ommittee believe th{lt an in­ his crease from $12 to $30 per month is warranted in this case~ and it is Several witnesses testify that the soldier had a cough after re­ so recommended. turn from the service, and that he later began to suffer from tuber~u- H. R. 1544. Daniel A. Millard, of Gaylor Farm Sanitarium, Wnl1ing­ losis, from. which he is now a sufferer. . ford, Conn., served during the War with Spain in Company I, Sixth It is shown by lay testimony that th~ soldier posse.sse~ oo property. Regiment United States Cavalry, from June 18, 1898-, to Jan.un.ry 22~ Three physicians testify that the soldier is a sufferer from tubercu­ 1899, when honor-ably discharged. He was 23 years of age at enlist· losis, malaria, and dise!l.Se of the heart, and not able to perform any ment. · (I. 0. 1398267.} manuaL Labor. The recOJ!ds of the War Department show the following treatment: The surgeon of the soldier's home certifies, Novemb<'r 27, 1913. tlult "July 14 to 19, 1898, abrasion of both knees; July .28 to 31, 1898, the soldier suffers severely from pulmonary tuberculosois, Ta.ricose veins, fever; August 2 to 27, 1898, typhoid fever; August 29 to Oetober 12, hemorrhoids, kyphosis, and dia,rrhea, a.n.d is unable to perfoon any kind 1898, t:t_J?-hoid fever, constipation, pains in limbs, a:nd di-arrhea. He was a! labol~- furlougued from Octooor 12 to November 10, 1898, because of sickn.ess. From the eviderree submitted yo.nr committ~e believe that the dis!­ No additional record found." a.bilities 1lrom which the soldier -now suff.ers may be safely accepted as He filed a claim fur pension July 28, 1911, b:tsed on malarial poison­ due to his service, a:nd they respe-etfull:y recommend the allowance o! ing and disease of stomach, which he claimed was the result of the pension at the rate of $12 per month.. malariaT and typhoid fever which he sutrered from in the serviee. H. R. 1-601. James- M. Pauley, of Carbondrue," Colo., served iu the This claim was rejected December 15, 1911r on the ground o-! no dis­ Regular Establishment, in Company M. Nineteenth Regiment Kansss ability in a ratable degree from same. since date or filil:lg the claim. Volunteer Canlry, from October 29~ 1868, to Ap.J:il 18, 1869. when The claim was 1·eopcned September 17, 19-12, and again rejected honorably disehar~ed. (L 0. 942223.) November 11, 1912, on the ground of no record, medical or other satis­ The records of the War Department fall to show fhc soldier was ever factory evidence of origln in service, of the alleged disabilities and reported as sick or received medical treatment for any ca.use. c011tinuance or same from date ()f discharge until date oi filing the September 22, 1891. he filed a claim for· pension based on hernia claim. No appeal was taken. (ruptur-e) of both sides, Which he alleged was incnrr d in the service James B. Randall testified, December 6, 1911, tha.t he has known and li:n.e or duty. After a most thorough speciat examination the claim the soldier- 17 years; that be returned from the service suffe1·ing from was rejected June 22, 1898, on the ground oJl nOt record and the clainlr­ typhoid-malarial fever and in a terribly run-down condition, which eon­ ant's inability, even though aided by a special exa.mina.tio.n. to furnish tinned until it resulted in some killd of stomach disease, which has so evidence necessary to show that the double h.ern:.ia was incurred in the incapacitated him that the soldier has been unable to earn a ltvin.g a;n.d service and line of duty. No appeal was taken. has for some tim-e l.Je.en on the poor farm as a result. The claimant swears that he incurred double hernia as a result of .John Han:ington a.nd llrs. My_ra Broodhea.d and Mrs. K::t theryn loading heavy wood on a wagon, in line of duty. Mitchell, all m 1!>11 and 1912, testified to substantially the same. elfect James Hurst, who was second lieute-nant of the soldier's company, as does James B. Randall. testifies while in line of duty in 1868 or 1869 the soldieJ:.. in lifting Dr. Daniel R. Lyman testified, July, 19-12, that the soldier is suffer­ heavy wood and loading it upon a wagQn. was seriously injured in both ing from an advanced case of tuberculosis of the lungs ; that the groins-rnptur-ed. sold~er is nt;w in a pu.blic institution and a hopeless invalid; that the Charles M. I>riddy, who was a comrade in arms, testifies that about soldie1· suffers from d1sease of the stomach. This affiant states that December, 1868, the soldier ineurred an injury in service and line of he believes the condition of the soldier- is due to and the result o1 the duty which resulted fn a serious hernia, and affiant saw same at that :~;~~e. typhoid-malarial f~ver from which he suffered duriDg the time. This same witness states that prior to enlistment of the soldier, He was examined by a board of surgeons October 4, 1911 who retmrt affian.t was his neighbor, and often employed' him and knows that he his age as 37 yea..rs, height 5 feet 7 inehe~ and we:ighing, 117 pounds was not then ruptured, but was able to and did perform bard labor. ( keleton). They found him suffering irom disease of the lungs (tuber­ W. H. Jack testifies to the fact that pl"ior to his enlistment the culosis)_. and rated same. ni: six-eighteenths. They found he sul'rered soldier was a well and strong man and free from rupture; that when from .disease of t~e stomach, liver, and bowels and rectum, all treated he came home afteT service he was ruptured severely and has been as bewl? du.e. to disease of the stomach, and rated six-eighteenths. No sick ever since. oth~r dtsablllties were found :tnd no evidence of past or present vicious N. W. Titus testifies tha.t when the soldier came home from the service hab1ts. he was rupture<}. and has been ever since. . With the bill the petitioner files an affidavit stating he 1s wholly The special examination, while exhausti-ve, adds very little to the unable to perform any manual labor ; that prior to his service he never claim. It shows that prior to enlistment th~ soldier was known as a had a. siek day ; during service he had a prolon~red attaek of typhoid­ strong and well man and no one knew of any rupture. and that after mala.nnl feTel' and has never· recovered; that stomach disease and tuber­ his return home from the service, or very shortly thereafter, it became culosis have resnltE'd; and that he is absolutely penniless and he and generally known that he suffered from a severe rupture of both groms hls wife and children are supported by charity, he being an inmate of a (double hernia}, from which he has since continued to suffer. The publlc institution. · soldter and all but one or two of the many witnesses seen by the Two lay witnesses testify that the soldier is whoily unable to do any special examiners are rn.ted as people of good cha.racter and standing. kind of work, is sick and feeble all the time, and an inmate of a public He was examined April 6, 1802, by a board of surgeons who found institution, and that he bas no property, and he and his wife and five him to be suffering from double inguinal hernia. and rated tbe dis­ children are supported by charity. ability from same at fourteen-eighteenths. They also found him suf­ J?r. D. R. Lyl!lan testifies that the soldier now suffers from tubercu­ fering from rheumatism and rated it at six-eighteenths. losls and malana and stomach trouble and is an inmate of a public Anyone familiar with the character of service rendered by the institution on charity basis and is wholly unable to do any work. Nineteenth Regiment Kansas Volunteer- Cavalry, and the purpose for From ~~ .evidence submitted your e_ommittee is of the opinion that which the organization was mustered into the Set'"Vice, will not be at the dis!lbllities from which the sold1er now suffers mu.y be safely all surprised at rhe lack of medical treatment recorded. This regi­ accepted as due to service, and they respectfully recommend the allow­ ment was mustered in for the purpose of figl1ting Indians, and the ance of pension at the rate of $24 per month. short campaign in which they engaged (about six months) was fi.Jled H. R. 1545. Charles Voos, o! the National Soldiers' Home Tenn. with most grave and seri<>us hardships in a severe winter, and filled with served during the War· with Spain in Company D, Third Regiment Con~ hard figbt:ing, and it i:3 not to be expected that much attention was neetic9t Volunteer . Iniantry, fr, to July 1, 1901, in Company I, Forty-third Regiment Unfted to perform manual labor because of d011ble hernia, and possesses ro States Volunteer lniantry. He was 26 years of age at the date of the propert-y- or income. He is now 65 years of age. first enlistment. (I. 0. 1375149.) His allegations are fully sustained by the testimony of lay witness_es. 4982 CONGRESSIONAL - RECORD-HOUSE~ MARCH 17,

A ph:vsician testified December 14 1913, that the soldier suffers from It Is shown by medical testimony that the soldier was suffering double inguinal hernia, and is unabie, as a result of same, to perform from diarrhea, malarial poisoning, and right inguinal hernia at dis­ an:v manual labot·. charge, and has sutrered from same constantly since that date. Piles il'rom the evidence submitted your committee is of the opinion that are shown to have resulted from tbe diarrhea during recent vears. the disabilities from which the soldier now suffers were incurred in He was examined June 26, 1901, by a board of surgeons at Iauston, service. and they therefore respectfully recommend the allowance of Wis., who rated him ten-eighteenths for the right inguinal hernia pension at the rate of $24 per month. and eight-eighteenths for the malarial poisoning. They :found no other H. R. 2007. James Turner, of the State soldiers' home, Erie County, disability existing. Ohio, served in the Regular Establishment in Company A, Fourteenth On July 5, 1911, he was examined by a board of surgeons at Bar­ llegiment United States Infantry, from May 31. 1867, to May 31, 1870, aboo, Wis., who rated ten·eighteenths for right inguinal hernia, Of18 when honorably discharged at the expiration of his term of enlistment. for diarrhea, six-eighteenths for piles, 0/18 for m!l.larial poisomng, (Cet·tificate 407068.) and eight-eighteenths for disease of heart. The board found some The records of the War Department show the soldier was treated on disease of lungs, but did not rate therefor. three occasions during the service; for brief attacks of diarrhea once With the bill the petitioner states in an !l.ffidavlt that by reason of and constipation twice. diarrhea, piles, hernia, malarial poisoning. and tuberculosis he is Be is now pensioned at $8 per month for gunshot wound of the right unable to perform any manual labor, and that he possesses no property. thigh and disease of the eyes. Be was first pensioned at $4: per m~nth One ·lay witness testifies that the soldier possesses no property of from July 18, 1888, for said disabilities. The rate was increased Feb­ any kind, and is unable to perform any manual labor. ruary 6, 1889, to $6, and October 9, 1895,~ to $8, which he now receives. Two physicians testify that the petitioner is wholly unable to per­ He bas tiled many claims foe increase or rate since 1895, all of which form any manual labor; that be is sufl'ering from tuberculosis, having have been rejected, the last action of this character having been taken had first hemorrhage in August, UllO, and the disease bas rapidly November 5, 1!)13, and is based on the ground that the present rate of progressed; tbat the soldier also has complete right inguinal hernia $ is adequate to cover present disability from said gunshot wound and and a small hernia also upon left side. ilisease of the eyes. From the evidence submitted your committee believe that an in­ Some medical testimony was filed in 1906 and prior to that time to crease from $10 to $24 per month is fully warranted, and so recom­ the effect that the soldier's right leg is very stiff as a result of his gun­ mend. shot wound, and that his sight is seriously affected by the disease of the H. R. 2750. Stanley S. Stout, of Neva, Johnson County, Tenn., served during the War with Spain in Company C. Sixth Regiment United ey;~be board of surgeons that examined him January 30,1907, is the last States Infantry, from July 1, 1898, to March 18, 189!), when honor­ board to suggest a specific rate for each disability. They state that be ably discharged. He was 21 years of age when he enlisted. Served is entitled to a rate of $8 for gunshot wound of the right tbigh and $6 some in Cuba. (I. 0. 1254805.) for disease of the eyes. On September 25, 1900, he applied for pension, alleging as dis­ Be was examined by two experts on eye diseases since to wit, July abilities rheumatism and affection of the left side. This claim was 11, 1910, and October 15, 1913, and while in each case disease of the rejected on July 12, 1901, on the ground of no ratable degree of dis­ eyes is found to exist, and also gunshot wound of the right thigh, -no ability since date of filing. specific rate is suggested for same. The last expert states simply that On• August 13, 1902, be a~?ain filE:d a claim for pension, this time he would not suggest a change in rate. Whether be believed $8 for dis­ alleging gravel as the only disability. This claim was also rejected ease of eyes alone was proper does not appear ; as he is an oculist, because no ratable degree of disability from gravel was found to exist. that is doubtless his meaning; if so, then be makes no provision for On March 13, 1908, he a.gain applied for a pension, a.lleldng as additional disability due to gunshot wound, which a former board of disabilities rheumatism, jaundice, malaria. pleurisy of side, diarrhea. surgeons rated at $8. and gravel. This claim was rejected also as no ratable degree of With the bill the petitioner files an affidavit in which he states that disability was found to exist fr{lm any of the causes alleged. be i:; wholly unable to perform any m~nual labor by reason of gunshot He filed some testimony after the first rejection togeth~r with a re­ wound of the right thigh, disease of the eyes, and rheumatism, and quest for reopening and reconsideration of the claim. This request was resulting disease of the heart; that be is 72 years of age and possesses denied on February 24, 1909. He appealed the claim, and in a de­ no property and has no income aside from the $8 per month pension cision of April 30, 1909, the Secretary of the Interior sustained all of with which to support his wife. the adverse actions of the bureau. This decision is full, and sets forth Two lay witnesses testify the soldier is unable to earn a support by, all of the facts. It ls attached to brief, and attention is invited to any labor for himself and wife and has no property. same by your examiner. A physician testifies, January 30, 1914, that the soldier is now suf­ The records of the War Department show the following treatment: fering to such an extent from gunshot wound of the right thigh and disease of eyes and rheumatism, and •disease of the heart, liver, and tio·~~fgf~~nJ~1 1898, to------(no diagnosis). Nothing addi- spleen as to be unable to perform any kind of labor. When mustered out the soldier claimed not to be suffering from any From the evidence submitted it is believed by your committee that disability, and the officers by whom he was then examined certify that an increase from $8 to $20 per month is fully warranted in this case, none existed. and it is F.O recommended. The claimant has filed testimony of comrades and officers in which it H. R. 2511. Virginia M. Mills, of Leavenworth, Kans., is the '!idow of is set forth that the soldier did suffer during September, 1898, in Cuba, Frank H. Mills. deceased, who served in the Regular Estabhsbment, from the several disabilities alleged, and the Bureau of Pensions in its Twenty-fourth Regiment United States Infantt·y, from October 1, 1873, several adverse actions in connection with the three claims did not to July 4, 18!)2, when be was retired. He held the rank of second question origin in service of any disability alleged. lieutenant from October 1. 1873, to August 20, 1878, and first lieu­ Several physicians and several lay witnesses testify the soldier suf~ tenant from that date until November 1, 1882, and regimental quarter­ fered from rheumatism, pain in left side, malarial poisoning, gravel. and master from then until April 18, 1887, and until July 4, 1892, diarrhea when be returned home from the service, and has suffered whE'n retired. He died July 29, 1899. (W. C. 528638.) i9~9. same to more or less extent during the years since discharge until ~'he widow filed a claim for pension February 8, 1900, which was granted at $17 per month from July 30, 1899. the day following tl:e The board of surgeons at Mountain City, Tenn., who examined the soldiet·'s death from chroniC' rheumatism, which resulted in disease of soldier, January 2. 1901, report as follows : the heart. This pension she now receives. " We find no evidence of rheumatism or affection of left side. This The records of the War Department show that the soldier contracted claimant Is, as far as we are able to ascertain, in sound physical con­ his fatal disease-chronic rheumatism-in 1880, at which time he held dition and a proper subject for life insurance. the rank of first lieutenant, and tbe general law fixes the rate of pen­ "This claimant's heart and lungs are in good shape." sion to which his widow is entitled at $17 per month. These records He was examined by a board of· surgeons at Elizabethton, Tenn., show that after contracting chronic rheumatism in 1880 the soldier February 8, 1906, who report a slight stricture which causes at times continued to constantly sull'er therefrom until his death as a result a stopping of the flow of urine and ueces. itutes use of the catheter: thereof. He held the rank of captain for five years prior to his being that the stricture is due to prostatic causes about the membranes of retired. The pending bill proposes to increase the rate of his widow's the urethra-t·ate six-eighteenths. This board tinds no evidence of any pension. other disabilities-reports all vital organs normal and in good condi­ With the bill the petitioner files an affidavit in which she states that tion and the soldier i.n a well·nourished~ strong, and healthy physical her only support is her monthly pension of $17, in addition to which condition. all of the property she owns consists of $321 in cash and a note for The board of surgeons at Mountain City, Tenn., again examined the $47!): that she is unable to earn a support; and there is no one legally soldier, May 6 1908, and report that they find a little t•heumatism of bound for her support. • the shoulders, hips, and knees, for which they rate four-eighteenths, and The allegations of the widow as to being unable to earn a support some malarial poisoning rated at two-eighteenths. The board states and the amount of property she possesses and her income from all that after careful search for evidence of jaundice, pleurisy, diauhea, sources are sustained by the testimony of two lay witnesses. and gravel they are unable to find any existing. lt'rom the evidence submitted, your committee believe that an in­ All of the boards stn te there is no evidence of any venereal disease crease from $17 to $25 per month is fully warranted, and so recom­ or vicious habits. mend. With the bill the petitioner files an affidavit stating that by reason II. n. 2643. Louis K. Turner, of Mauston, Juneau County, Wis., of rheumatism and malaria he is unable to earn a living by manual served during the War with Spain in Company D. Third Wisconsin labor; that all of the property owned by him consists of 10 acres of Infantry, from June 22, 1898, to January 16, 1899, and unassigned land in Johnson County, Tenn., which is worth about 50. Thirty-fourth United States Infantry and Company I, Thirty-ninth Two comrades testify to the fact that· the soldier was a well and United States Infantry, from August 12, 1809, until February 15, 1901, strong man before enlistment, suffered dul'ing service from rheumatism, when honorably discharged upon surgeon's certificate of disability. He jaundice, and malaria, and bas suffered ever since his discharge from was 42 years of agCJ when be enlisted in 1898. Service was chiefly in said diseases. tht> Philippine Islands. (I. C. J 079265.) Two lay witnesses testify that the soldier is without means of sup­ On February 25, 1901, be filed a claim for pension based upon right port, and all the property he owns consists of a few acres of land, inguinal hernia, which was allowed at $10 per montb,. worth about $50, and that he has five small children and an invalid On May 18, 1!)11, he filed a claim based upon right inguinal hernia, wife. diarrhea, malarial poisoning (chills and fever), alleging piles, disease Two physicians testify that the soldier suffers constantly from o! lnn~s. and tubereulosis as results. rheumatism and pleurisy and pains in left side and malarial poisoning On September 27, 1911, be was allowed a rate of 14 for complete to such an extent as to render him unable to ea1n a support by manual right inguinal hernia and piles, result of diarrhea. labor, and that the soldier's wife is an invalid. That part of tlle claim based upon diarrhea and malarial poisoning Stanley S. Stout, the soldier. testifies. January 10, 1914. that on or was rejected on the ground of no ratable degree of disability from about four months after return from the service he was taken down, same since date of filing. That part alleging disease of lungs and and sent for Dr. J. G. Butler, who stated he was suffering from rheuma· tuberculosis as results was rejected because these disabilities are not tism and malaria. The doctor now claims he bas no such record and accepted as results, and are not shown to have otherwise been due to no recollection of it. or connected with the service. J. M. Stout testifies. Janaary 10. 1914, that about four months after The records of the War Department show t~atment for diarrhea his return from tbe service the soldier suffered from an attack of som~­ ODd malarial fever upon several occasions and for right inguinal hernia. thing from which he was "bad off," and Dr. J. G. Butler treated him, all in line of doty. He was discharged on a surgeon's certificate of but bas for!!otten this and bas no record of it. disability for inguinal hernia. These records show no treatment for January 10, 1914, J. L. Stout testifies that the soldier was very any other disability. sick about four months after his return from the service and was 1914. CONGRESSIONAL -RECORD-·HOUSE.· 4983· treated ·by· Dr. J . G. Butler, and affiant has often since beard soldier same were contracted in service and line of duty and existed at date of discharge. ;:omplain. th ft January 10, 1914, J. B. Kidd testifies that about four mon s a er The widow filed a claim March 16, 1910, which was rejected on the return from service the soldier was very sick and. treated by Dr. J. G. ground that the soldier's death on December 6, 1909, from typhoid Butler. · · i , ill fever was in no way connected with or due to his military service. None of these witnesses state the nature of the sold er s ness or In the widow's claim the only evidence fil ed was an affidavit of how long it continued, and the physician, it Is said, has no record of attending physician showing the soldier died of typhoid fever Decem­ it and falls to recall same at all. · . ber 6, 1909, with a biotory of having been a chronic sufferer from indi­ Ft·om the evidence submitted your committee believe !hat the disa­ gestion and diarrhea. bilitieR from which the soldier now suffers were incru;red lD service and No evidenre was tiled in soldier's claim. He was twice examined line of duty, and recommend the allowance of pensiOn at the rate of by board of surgeons-August 7, 1901, and February 1, 1905. In each 1 instance the . only disability found to exist was catarrh of head, and $ ~.P~: 2S~a~hDella A. Cooter. of Greeneville, Tenn., served in the both boards rated this at $6 per month. The first board stated the Regular Establishment, Sixty-ninth Company, United States Coast disability, in their opinion, was due to syphilitic causes; the second Ar·tillery, from March 19, 1904, to March 18, 1907.. when honorably board dld not agree in this view, and states that venereal disease bas discharged. He was 31 years 2 months of age at enhstment. (1. Ctf. no connection with the catarrh. The evidence that soldier ever had · 1147264.) syphilis consists of condition of his hair, nose, and penis, which the September 5. 1907, he filed a claim for pension, alleging sore eyes first board states looks as it he had had syphilis; and he said to them contracted in October, 1905, and rheumatism contracted in April, 1906, that he had bad this disease. and piles, at Fort Monroe, Va. His claim for sore eyes was allo'!'Ved With the bill the petitioner files an affidavit, in which she states June 8 •. 1908. at the rate of $6 per mont~? from the date of film~. that she is the widow of the ueceased soldier; that she believes his That part of the claim based upon rheumatism and piles was held m death from typhoid fever was a result of the stomach and bowel abeyance pending special examination as to origin in service of these trouble he contracted in military service, and from which he continued disabilities. After the special examination the claim was rejected ~;ts to suffer from date of his discharge until his death; that she bas two to rheumatism and piles, on the ground of no record, and the best small minor children and possesses no property or Income. obtainable evidence is not deemed sufficient to satisfactorily establish Two lay witnesses testify the widow possesses no property and de­ origin in the service and line of duty. Rheumatism was also rejected pends on her daily labor for support of herself and two small children. upon the further ground of no ratable degree of disability from same A transcript of marriage record tiled with the bill shows soldier and since date of tiling the claim. . petitioner were duly married July 19, 1902. Upon three occasions-August 31. 1909; October 13, 1!)09; and De­ Sherman S. Whiting andr.Irs. Lizzie Buffington testify in affidavits cembet· 7, 1909-the Bureau of Pensions declined to reopen the claim filed with the bill that the soldier and the widow had never been mar­ on the ground of insufficiency of the evidence offered to warrant such ried prior to their marriage to each other; that they lived continually action. No appeal was ever taken. together and were never divorced, and the widow bas not remarried The records of the War Department show the following treatment: and has two minor children to support, and_possesses no property. "April 14 to 21, 1904, vaccinia in line of duty; January 20 to 30, Mrs. Cora A. Meeker and Mrs. Mollie L. Whiting testify in affidavits 1907, eye strain, astigmatism, in line of duty. No aditional record filed before the committee that the soldier left two minor children, born found." as follows : Bernice E. Barber; born October 19, 1905, and Basil E. H. Comrade L. R. Williamson testifies that the soldier suffered from Barber, born January 2, 1908. That the affiants have personal knowl­ piles during the service, and that affiant gave him some ointment for edge of the correct dates of birth of these two children, and that they use upon the piles. This witness, who is rated "good," sustained his are now living. testimony when seen by a special examiner. From the evidence submitted, your committee is of the opinion that Comrades George W. Pool, George Morris, and N. S. Lowe testify a pension of $12 per month and $2 additional for each of the two that the soldier suffered during the service from piles, rheumatism, and minor children until they, respectively, reach the age of 16 years is sore eyes. Before a special examiner they sustain their former testi­ fully warranted in this case, and so recommend. mony fairly well. They are rated " good " as to two of them and H. R. 3063. Charlie L. Pennington, of Milledgeville, Ga., served In " fair " as to the other. the Regular Establishment, in the Eighteenth Battery United States Dr. F. C. Britton, in affidavits filed in November, 1907, and January, Field Artillery, from January 8, 1902, to December 28, 1904, when HI08, states he treated the soldier from early in the fall of 1907 for honorably discharged . . He was 25 years and 9 months of age at enlist­ rheumatism, piles, and disease of the eyes. ment. (I. C. 1156097.) Three witnesses testified before a special examiner that the soldier The records of the War Department show the following treatment: was a well and strong man, free from disease of any kind, before his "April 10 to 14, 1902, acute tonsillitis; Februat·y 14 to 25, 1903, service, but that when be retnrned home he appeared to be and claimed subacute catarrhal appendicitis; April 24 to 28, 1903, wound contused that be was suffering from rheumatism, piles, and sore eyes, and has right patella, kicked by a mule during drill, Apt•il 24, 1903, acci­ suffered from same ever since. dental ; August 4 to 9, Hl03, dengue, acute; September 18 to 20, 1903, When examined by a board of surgeons November 6, 1907, the soldier indigestion, intestinal, acute; November 13 to 22, 1903, fracture, sim­ was found to be suffering from sore or diseased eyes, for which they ple, anterior portion right rib, accidentally thrown from a mule in the rated six-thirtieths; rheumatism, rated four-eighteenths ; and piles, field October 26, 1903; November 27 and 28, 1903, diarrhea. All in rated at six-eighteenths. line of duty. No additional record found." No other disability was found to exist, and no evidence of any vicious He filed a claim for pension March 27, 1909, based upon injury and habits. fracture of the eighth rib on the right side. This claim was allowed at $6 per month, July 6, 1909, from date of tiling, and he now receives With tl.le bill the petitioner files an affidavit in which he states that a pension at that rate. he is unable to perform any manual. labor because of disease of the August 16, 1911, he again filed a claim for pension. This time basing eyes, rheumatism, and piles, and owns no property of any kind and has it upon disease of the heart incurred in line of duty. This claim was no income other than his pension. rejected October 3, 1911, on the ground of no disability from disease Several lay witnesses testify that the soldier can not do more than of the heart in a ratable degree since date of filing the claim. He did one-fourth of _a day's manual labor and possesses no property and bas not appeal, but did tile some evidence in an effort to have the claim no income aside from his pension. reopened, and such action was denied October 21, 1911, on the ground rrwo physicians testify that they have examined the soldier and find that the testim<>ny offered did not warrant same. him suffering from rheumatism, piles, and disease of the eyes. One of The soldier bad a rib or two broken in set·vice, and if! now receiving these witnesses further states the disabilities are of a permanent nature $6 per month pension for same, which, in the opinion of the Bureau of and prevent the soldier from doing more than one-half a day's work by Pensions, is as high a rate as the evidence justifies for the disability manual labor. resulting from said injury. In several sworn statements he alleges Since this report was prepared an affidavit has been tiled, executed by that the disease of the heart from which be now suffers was Incurred Dr. G. S. Hays, eye, ear, nose, and throat specialist. who testifies that in line of duty in service from exposure. In support of this allega­ on February a, 1914, he examined the soldier and found him suffering tion, he furnished testimony of Dr.. J. H. Trout, who, in an affida'Vit from conjunctivitis in each eye. He is also suffering from astigmatism of October 10, 1911, states that he treated the soldier for heart dis­ of eaCh eye; he wears A+ 100, ax 90, R. El. + 100, ax 1.80, L. EJ., for ease on January 10, 1905-about a month after discharge from serv­ constant wear. Ophthalmantic examination reveals a very red retina ice-February 7 and July 19, 190(), and be was, by reason of the same, with dark spots. Retinal vessels dilated. I am of the opinion that the then incapacitated for manual labor. He also furnished an affidavit condition of the retina is due to rheumatism. of Dr. '1'. B. Perry, executed October 19, 1911, in which he states Dr. ll'. C. BrUton t estifies February 3, 1914, that he that day ex­ that he treated the soldier in August, 1911, for mitral disease of tbe amined the soldier and found him suffering from rheumatism of both heart which appeared to De of a chronic or long-standing nature and shoulders and arms; the right arm is badly swollen at the elbow joint, incurbale, and incapacitates him for the performance of manual labor. He also has protuding piles, which are at times aggravated by con: In addition to this medical testimony, one lay witness, in an .affidavit stipation. He also has disease of eyes, and they are in bad condition executed Septembet· 19, 1911, states that the soldier was suffermg from and constantly grow worse. All of these disabilities are now chronic disease of the heart when be returned from the service in January, in cha ractet· and incapacitate him for labor fully three-fourths. 1905, and has always since suffered from same, and is unable to perform From the evidence submitted in this case it is believed that an in­ manual labor by reason of the said disease. . . crease from $6 to $17 per month is fully warranted, and so recommend. '.rhe soldier was examined by boards of surgeons June 2, 1909 ; Sep­ ll. R. 3030. Mary A. Barber, Sapulpa, Okla., widow of Lafayette E. tember 6, 1911 ; and November 1, 1911. The first board found him Barber deceased, who served during the War with Spain in Com­ suffering only from the fracture of rib on the right side. They reported pany r(, Thirty-third Regiment United States Volunteer Infantry, from him as slight in build and very unhealthy in appearance, but they August 15, 1899, to April 17, 1901, when honorably discharged. He found no disease of the heart or any other disease save broken rib. was 25 years of age at date of his enlistment. (W. 0. 938106.) The second board found about the same physical condition, except 'l'he records of the War Department show the following treatment: they report heart as very rapid in action, but no evidence of disease " Ifebt·uary 9 to 11, 1900, malarial fever, also termed intermittent of the heart. They reported some slight trouble with the lungs­ tertian fever, in line of duty. No additional record found." cough and spitting-and trouble in breathing. The last board states The records show be was reported as sick in quarters April 30 to that the only disability they found which would warrant a rate of May 10, 1900, June 5 to 12, and 16 to 20, 1900. The nature of this pension was that from injury-broken ninth and tenth rib of the right Ulness not stated. side-and sug~ested $6 per month as a proper rate therefor. As to When mustered out he claimed to be suffering from catarrh of head, disease of the neart they state: rheumatism, and loss of smell. The medical officer who examined him ".Apex beat of heart visible In fifth interspace on nipple line, impulse certified he could find no evidence of said disabilities. diffused over epigastrium area of dullness increased slightly downward '.rhe soldier tiled a claim for pension April 29,· 1903, based on malarial and left to nipple line ; second sound accentuated and sharp ; no mur­ poisoning, catarrh, rheumatism, d.is.ease of stomach and bowels, and murs; pulse ba-:d and rapid, irregular, and irritable; no intermission; diarrhea alternating with constipation. 'l'bis claim was rejected Feb­ no cyanosis or edema or dyspnea on exertion." ruary 6, 1906, as to malarial poisoning diarrhea, constipation, and dis­ All of these boards report the soldier as anemic, being 5 feet 11 ease of the stomach, on the ground of no ratable degree of disabiUty Inches in height, and weighing from 128 to 135 pounds. He is only therefrom since date o~ filing; and as to the . other disabilities, on 37 -years of age now. Each board certifies that there is nCJ evidence of ground of no record, medical or othet· satisfactory evidence that the venereal dtsease past or present, and no vicious habits.

LI--315 11984 CONGRESSIONAL ·RECORD-HOUSE. lf.A.RCII 1 7,

With the bill th petitioner files an affidavit in which ·he states that when he came home after dlseharge be was insane and had to be he Is in part unable to earn a living by manual labor because of the confined for a long time in an asylum for the insane at Washington, disease of heru·t and fracture of the ribs, both incurred In his military D. C., and though now out of an asylum, in their opinion, is feeble service, and that he possesses no property of any kind. in mind; they further testify be was suffering from dianhea when be Two lay witnesses testify that the soldier owns no property and is returned from the service and bas continued since to suffer so from unahle to earn a living by manual labor, and has a wife and minor child, same as to render him unable to perform full manual labor or anything both of whom are i.n feeble health. like full labor. Dr. T. M. Hall testifies November 8, Hl13, that the soldier has an The claim was sent to the field for special examination, and sworn enln.rged heart with serious valvular lesion, a deformity of the chest statements were obtained for the soldier, and 10 or 12 witnesses. all dne to fracture of rib, and recurring dysentery. He also states that of whom were found to be people of good character and standing. the soldier's wife is an invalid, suffering from pellagra. and a minor The net result of this special examination shows that the soldier h child is partially paralyzed from an injury received at it!> birth. He lived all of his life in the same locality; that he was free from disease states the soldier is a very poor man, but a man of most excellent m: di ability prior to enlistment; that he returned home from final habits. service s1_1ffering from acute ma.nia and was sent to the insane asylum From the evidence submitted your committee is of the opinion that at Wasbmgton, D. C., where he remained until September 24, 1002, an increase from $6 to $.24 per month is fully warranted in this case, when discharged as '"cured " ; that he was regarded as more or less and so recommend. feeble-minded afterwards, and was so regarded when this investi,.ation H. R. 308:!. James H. Kampo, of Oconto, Oconto County, Wis., serv(>d was held in 1904, and there was every indication of this mental condi­ during the War with Spain in First Battery United States Field Artil­ tion being permanent; that the soldier had suffered more or less ever lery, ft•om April 26, 1898, to March 1, 1899, when he was honorably since his discharge and up to the time of the special ex..'lminatlon from dis{!har~ed at 'l'ybee Island, Ga. He was 21 yeat·s of age at enlistment. diarrhea of a chronic fol'm and was prevented to a large extent by that On March :!.0, 1904, he filed a claim (Inv. Ctf., 1146333) for pension and his mental condition from earning a living by manual labOr. bused upon disease of stomach :md bowels, result of fever and measles The soldier was- first examined by a board of surgeons July 1, 1!)03, contracted in 1\.Iuy, 1898, at Tybee Island, Ga. He was examined by who report him as 29 years of age, 5 feet G inebes in height, and wei6h­ two boards of suro-eons July 20, 1904, at Marionette. Wis., and April ing 145 pounds. This board confined its examin tion to mental condi­ 1. 1!)08, at Green Bsy~ Wis. Both boards rated his disabilities disease tion, concerning which they state : o:f stomach and bowels at four-ei~hteenths. He was pensioned May '' Claimant has a downcast, evasive expre sion of face. Has not re­ 4, 1908, at $6 per montl:l for these disabilities. turned to his usu..'ll occupation. Shows mental depres ion and llas no On June G, 1912, he applied for an increase of pension, alle.,<>ing in­ desire for self-support. According to this own statement be has se­ Cl'cascd disability from disease of bowels and stomach. July 10, 1912, cluded himself from society and his former associates. When a. ked he was. examined by a board of surgeons at Shawano, Wis., who re­ wbv he had done so, states that he does not know, except that he has no ported that he was entitled to only six-eighteenths for the disability desh·e to be with former a oci:ttes. Shows no evidence of delusions o1• due to disease of bowels and stomach, and six-eighteenths for disability hallucinations at this examination, but his condition i rather that of di.1e to disease of heart. No evidence- of vicious habits. This claim wM ~o.~~hro~\cism~la~p,inlon of this board that the claimant is sutrering rejected on Augu t 15, 1:112, as far as disease of bowels and stomach as concerned, on the ground of no increase of disability therefrom. He was examined by otber boards of surgeons November 23, 1!304, Di ease of heart has never been claimed· for, and there is no evidence 1\fay 16, 1906, and April 5, 1911. All of these boards found and re­ upon file to show same due to the service. No appeal talren, and no ported tbe soldier's mental condition was weak, and most of them found e!!ort made to reopen the rejected claim. chronic diarrhea actu Uy existing at time of the examination, or evl­ " May 4 to 6, 1898. acute indigestion ; May 9 to 13, 1898, acute diar­ dence that the soldier does su1Ier from same from time to time. They rhea; August 21 to 3!, 1898, measles; September 27 to 28, 1898, acute rate from four-eighteenths to twelv~ighteenths for each of these disa­ diarrhea; November 2.) to 28, 1898. acute indigestion; January 28 to 20, bilities, with tbe exception of the la.st board, whieh simply states con­ 189Dr acute diarrhPa. Returned to duty." ditions found as to sa.id disabilities and is silent as to the propel· rates All the foregoing in lin~ of duty. therefor. With the bill your petitioner files an affidavit, executed January 13, With the hill the petitioner files an affidavit in which he states he is, 1913, in wWch he alleges that he is wholly unable to earn a support by wholly disabled by reason of diarrhea and mental trouble for perform­ manual labor by reason of disease of bowels, stomach, and heart, due ance of manual labor, and in possession of no property and no income. to malarial fever and measles, which he contracted during his service ; Lay witnesses and the Member who introduced the bill state the that all of the property owned by him is not worth over $2.00 and con­ soldier J,JOssesses no property and has no income and is regarded us sists entirely of p~rsonal property. feeble-mmded and unable to earn a living by his own etl'orts.. Dr. C. W. Stoelting, in affidavit of January 8, 1913, -states that he Dr. A. T. Rutledge testifies, January 1, H>.14, that the soldier is now that day examined petitioner and found he s:ull'ered from a weak and and has been since discharge from the serv1ce physicaUy unable to do dilated heart· that the condition of heart was first noticed by him on any manual labor ; that he s~ers from pains in the bead, and his men­ June 23, 190;3. when he formerly examined soldier, and he thinks same tal condition is such that he can not concentrate his mind upon any­ due- to exposure undergone by soldier- during military service while thing of any importanqe, becrunes confused when be tries to do so ; th:-tt convalescing from malarial fever, measles, and protracted siege of he suffers now and has since discharge from diarrhea ; that the only diarrhea; that he is also suffering from gastro-enteralgia. described by work he can do is light roatlne work about a pool room and from his. soldier as "cramps," which are the initial symptoms of a. posterio1· mental condition he is incapable of doing anything whicb requires any spinal sclerosis, and at this date the deep patcllar reflexes are greatly thought, except when told by others to do so and how to do it. diminished; the coordination of muscle movements appear to be per­ From the evidence submitted fn tbis case it is believed that the ells­ fect, indicating the absence of Bomberg sign, and also the pupils respond ability from which the soldier now suffers (mental feebleness border­ very lively to light, showing absence of the .Argyle-Robertson pnpjl. ing upon imbecility) is due to the service, and a pension of $:!4 per month is fully justified, and it is BO recommended. 'l'he affiant declares the petitioner, by reason of the foregoing dis­ H. R. 3311. Martella· M. George, of Vandervoort, Ark., is the widow of abilities, is wholly unable to earn n support by manual labor. Wallace E. George, deceased, who erved during the War ith Spain in Two witnesses stn:te the- petitioner is without means of support and Company D, Twentieth Regiment Kansas Volunteer Iniantry, from June owns only a few household goods. 14, 1898, to August 28, 1899. when honorably discharged. He was 21 From the evidence submitted your committee believe that an increase years of age at enlistment. (W. 0. 92226 .) from $6 to $12 pe.r month is fully warranted in this case and so recom­ The records of the War Department show the followin..,. treatment: mend. " July 5 to 24, 18S8, acute gonorrhea.; September 10 to :!3, 1898, H. R. 3002. Jrunes- H. George, of Blairsville, Ind., served during the gonorrhea; December 11 to 21, 1808, gonorrhea; December 23, 1 "9 , to War with Spuin in Company G, Forty-seventh Regiment United States March 5, 189!), phimosis gonorrheal. Gonorrheal chancroidal ndentlti , Volunteer Infantry, from September 20, 1899, to July 2, Hl01, when both groins, chancroids on penis and syphilis ; 1\fay 10 to June 5. 1 09, honorably discharged on surgeon's certificate or di ability. lie also syphilitic l'heumatism, shoulders, back, and legs; June 9 to Auaust 2, served in Company D. Fifth Regiment Pennsylvania Volunteer Infantry, 189"9, secondary syphilis, mucous patches mouth and throat; August 2 to April 27, L 98, to November 7~~1898 . He was 24- years of age at the 28, 1899, syphilis, secondary, mucous patches in mouth and throat. first enlistment. (I. Ctf. 10!l0~8.) None of these in line of duty. Discharged August 2 , 1800, services no Tbe records of the War Department fail to show he was ever re­ longer required." ported as sick or recei-ved any treatment during the first service. He September 14, 1899, the soldier filed a claim for pens-ion, bas d on was tr-eated as follows during the second service: rheumatism, bronchitis, and disease of the beart and lnntrs, which he "June 23 to 26, 1901, for mental observation, no fixed delusions, dis­ claimed were contracted in the service in July, 18~8. This claim was connected idea and speech, no previous history in line of duty; June rejected April 30, U102, on the ground of no dis bility in a rut.'lble 26 to JuJy 10, HJ01, mania, acute with delusions of grandeur, in line of degree from causes alleged, independent of the result of the venereal duty. Delu ·ions violent, raves constantly day and night, and injures disease from which he sutiered dut·ing the service. himself when not under restraint, in line o:f duty. Transferred to The widow filed a claim June 10. 1900, alleging hel' husband's d<.>:tth. Government Hospital for the Insane, Washington, D. C., September 10, August 17, 1908, from typhoid fever was a result of disabilities incurred 1001. No additional record found." by him durin~ his military service. This claim was l'E.'jccted Sept<'m'ber He filed a claim !or pension March !), 1903, based on acute Insanity 7, 1909, on the ground that the soldier's death from typhoid fever nine which was allowed at :S17 per month from date of filing to terminate years after his discharge can not be accepted a.s a result of any dis­ September 24, 190:!. the disability-insanity-having ceased. ability shown to have e:rlsted in the service, nor is it belicv d to be On OctobeJ.' 7, 1004, be again filed a claim asking his name be re­ susceptible of proof that said fatal disease was in any wise due to tile stored to the roll for insanity from date o! dropping, and also alleging soldier's military senice. chronic dl rrhea as an additional disability which he had contracted in In the widow's claim the only evidence filed consists of the testimony se..-vice. This claim was rejected February !2, 1906, on the ground of a physician, who attended the soldier in his fatal illness and some of no ratable degree o:f disability shown from said causes sinee date of time before, who states that the soldier suffered from constipation and filing. chronic bronchitis. prior to the attack of typhoid fever that proved Another claim filed December 23, 1907, with the same allegations was fatal, nnd. in the opinion of this physician, the bronchitis contributed rejected April 20, 1!)08, on the same medical grounds. And one more to the soldier's cause of death. claim with same allegations. filed June 19", 1908., was rejected May In the claim of the soldier the only eYidence to base any action upon 27, 1909, on the same medical grounds.. consists of the report. o:f the bonrd of sm·~eons, lly whom the soldier March 4, 1911, he again filed a claim ; this time based on chronic was examined on Jnnuary 29, 1002, who report him as 25 years of age diarrhea alone, which was rejected April 28, 1911, on the ground of 5 feet 8?1 inches in height. a.nd weighing 145 pounds. This bo·ard made no ratable degree of disability therefrom since date of filing the claim. a c:uefnl examinntion and reported that all of the vital org:1ns WC'l'<' The evidence, of course. shows incurrence in service and existence at normal and no disabilitl of any ltind could be found to exist which dischnr~e of insanity. As to chronic diarrhea two comrades, James would warrant a rate o pension, and no rate for any cnusc was sug­ B. I.ucli:singer and Samuel S. Reager, testify, in 1904 that the soldier gested by the board. was well !mown to tbem prior to his enlistment, and they know he was As to venereal disease, tile board reported that they found evidence a well and strong man free from any disease; that he suffered during of gonorrhea ln the pa.st, but that if soldier had ever had syphilis n the service with diarrnea1 and was suffering from same at discharge good recovery had been made, as no evidence thereof could lle found and has continued to su.trer therefrom since. They also testify to the to exist. sudden attack of insanity the soldier incurred in the service. With the b-ill the petltion(>r tiles an affidavit in which she states that Itobert G. John on, Samuel A. Crawford, George W. Crede, J. G. she believes her husband's death was due to his military service, that Baldrige, and A. T. Rutledge, lay witnesses, testify, in 1905 and she is not strong, and that all of the property she owns consists of some 1906, to the fact that the soldier was a well man prior to service, but land worth $600, and from :vhich there is an income of $40 per annum. 1914. CONGRESSIONAL RECORD-HOUSE. '4985

Her statements are sustained by testimony of lay witnesses. satisfactory evidence to show continuance of same from date of dis­ A physician testifies that the widow is a feeble woman and now charge until the date of filing the claim. That part based on malarial sutl'ers from appendicitis. poisoning was rejected on the ground of no disability therefrom since The original marriage certificate showing the soldier and the petl­ date of filing the claim. tionct· were married 1\fay 30, 1900, was filed with the committee. A He again filed a claim September 12, 1910, based on the same alleged copy thereof was made by your examiner and kept with the case, and disabilities. The former rejection as to rheumatism and disease of the original returned, as it was highly prized by the widow. heart was adhered to and malarial poisoning was this time rejected The petitioner in an affidavit executed February 28, 1914, states the on the ground of no record or satisfactory evidence showing origin of minot· children of herself and soldier were born on the following dates: same in the service. No appeal was taken. Wallace M. George, born October 11, 1901. Howard L. ~orge, born One comrade, .Tames Armstrong, testifies that the soldier sutl'ered September 12, 1904. Frances S. George, born February 24, 1906. severely during the service from rheumatism. Wayne El. George, born September 10, 1908. Abram Kilburn testifies that be knows the soldier sutl'ered in 1873 '.flJe notary before whom this paper was executed certifies over her from rheumatism. seal that she personally knows the dates of birth as given are correct William R. Gore testifies the soldier suffered from rheumatism in from long personal acquaintance with the widow and her deceased 1875. husband. Willard Cates testifies the soldiel' suffered from rheumatism in 1878 Ho~ard 0. George and F. M. Usher testify, March 4, 1914, that they and 1879. know t1·om personal knowledge that the soldier and the petitioner were Mrs. D. C. Cates testified that she knows the soldier sutl'ered fl'om matTied l\Iay 30, 1900; that neither had been married before; that they rheumatism in the years 1879, 1880, 1899, and 1902, when she saw were never divorced and lived constantly together, and she has not and knew him well. · agnin married since his death ; that the soldier left surviving four Albert Bartlett testifies that be knew the soldier from 1878 to 1888, minor children bom upon the dates set forth in a sworn statement of and during that period knows he sutl'ered from rheumatism. the petitioner, the correctness of which is personally known to affiants. Jessie M:. Ward testifies that affiant knows the soldier baR suffered Fl'om the evidence submitted youl' committee is of the opinion that from rheumatism from 1888 to 1906 and also from disease of the a pension of $12 per month and $2 additional for each minor child heart. until same t·eaches the age of 16 years is justified, and so recommends. Dr. E. N. Dundass testifies, in 1906, that be knows the soldier has ll. R. 3315. James E. Hooks, of Foreman, Ark., is pensioned under ~~irs~~ . since 1893 from articular rheumatism and resulting heart the general law at the rate of $6 per month on account of disease of • lungs incurred as a private in Company E, First Regiment Arkansas Dr. Louis Pelletin testifies, in 1906, that be knows the soldier bas Volunteer Infantt·y, during the War with Spain. He enllsted May 16, sutl'ered since 1901 from articular rheumatism and is totally disabled and was mustered out with the company October 25, 1898. for any kind of work by same. 'l.'be War Department records show that the soldier was treated for He was examined by a board of surgeons October 18, 1905, who measles during service, and the testimony of a surgeon and others report that he is GO years of age, 5 feet 6 inches in height, and weighs show that his hearing was impail'ed in service, and has been since 145 pounds. They found all joints tender and enlarged by rheumatism discha rge, but it is not shown that the bearing of both ears was im­ and the soldier stiffened thereby-rate, twelve-eighteenths. They found pait·ed while the soldier was still in service. On the contrary, the a severe derangement of the functions of the heart due to rheumatism­ pen loner himself states that it was a year or a year and a half after rate, seventeen-eighteenths. They found no evidence of any malarial discharge before his left ear became atl'ected. He claims impaired poisoning or results of any other disability except the rheumatism and beal"ing of both eat·s as a result of the measles and pneumonia which resulting disease of the heart. the testimony shows he bad during service. With the bill the petitioner has filed an affidavit in which he states The original claim was filed December 1, 1906, and allowed at $6 that he is 68 years of age and is wholly disabled by rheumatism and per month fl'om that date, for ilisease of lungs. That action was taken disease of the heart and possesses no property and bas no income. July 14, 1910, after special examination, and at the same time the His allegations are sustained by testimony of lay witnesses. claim fot· impaired beal'ing was rejected for right ear because a ratable Two physicians testify that the soldier is so crippled by articular degree of disability was not shown and for left ear because not shown rheumatism and resulting disease of the heart as to not only be ren­ to ha ve existed dul"ing service. dered unable to perform any kind of work but to actually l'equire A claim for increase filed November 19, 1910, was rejected 1\farcb ~~eu~!~ and attendance of another person in the ordinary daily atl'airs 31, 1911, on the ground that a higher rate than $6 for disease of lungs was not warranted by the evidence, and impaired hearing of From the evidence submitted your committee believe that the dis­ both ears was not shown due to service. abilities from .which the soldier now sutl'et·s may be safely accepted The pensioner was last examined before his pension was allowed by as due to serv1ce and recommend the allowance of pension at the rate a board of surgeons at Texarkana, Ark., June 13, 1910. The board of $12 per month. said they found no objective evidence was filed. pensioner is aillicted as a result of sickness contracted in service and Henry Firth, private and wagoner of the claimant's troop, testified that his present pension is wholly inadequate to requite him for such December 12, 1911, that- condition. " I am thoroughly familiar with and recall the circumstances leadinrr In affidavits executed December 5, 1913, T. B. Arnett, Frank Horner, up to the t.ime of be. Daniel L awlor, receiving the wounds for which and J. 0. Linesay state that the soldier returned from service sutl'er­ he claimed pension. That it was myself who received orders from the ing ft·om deafness and has constantly since suffered therefrom, and captain of my company to summon the aforesaid Daniel Lawlor to that now his lungs are atl'ected, and be is much of the time unable to appear before him, and remember the soldiel' aforesaid, Daniel Lawlor, perfol'm any manual labor as a result of these disabilities. They fur­ got instructions from the captain of his company to pt·oceed to the ther state that the soldier is now and has always been a man of good, town of Vancouver and to see if there was any members of his com­ upright character with no vicious habits. pany in town who had not received the necessary pel'mission from the From the evidence submitted your committee believe that an increase proper authol'ities. That while in the act of performing his duty he from G to $12 per month is fully warranted and so recommend. was attacked by one of the soldiers, who at that time belonged to H. R. 4567. William Feavel, 311 East Foster Street, Ludington, Mich.. another regiment, and who at that time was on detached duty." served in the Regular Establishment, in Company E, Fourth Regiment That affidavit was executed in Branch County, Mich. United States Infantry, from September 28, 1866, to September 28. John Brinson, private of the claimant's troop, made a similar affidavit 1869. when honorably discharged at the expiration of his term of December 30, 1911, executed in Hill County, Tex. enlistment. He was 21 years of age at enlistment. (I. 0. 123!)699.) These affidavits are in the same handwriting, except as to the signa­ The records of the War DeRartment show the following treatment: tures and jUl'ats, and in the same handwriting as affidavits executed ; February 2 and 3, 1868, by the claimant. ot;~;_ebwg~d~i~fo~~r;~c~~l f~~·nd~~umatlsm In a sworn statement filed with the bill the petitioner states that be November 24, 1899, he filed a claim fer pension based on malarial is wholly disabled for manual labor by reason of stab wound on right poisoning and rheumatism and resulting disease of the heart. That side ovet the lung, and stab wound on left leg neal' the groin, double part of the claim based on rheumatism and resulting disease of the hernia, and rheumatism~ that he owns no property, and that his annual heart was rejected on the ground of the claimant's inability to furnish income is $96, "as outaoor releave from National Home." ~986 CONGRESSIONAL RECORD-HOUSE. 1\LllioH 17,

Reliable evidence shows that he has re"Ceived assistance from the "Dr. Charles .A. Ritchie testified, bf atndavit dated December 8 department of charities, city of .Albany, N. Y., during the past three 1909, that be tr.eated the claimn.nt from No~ember 7, 1898, to November year· 23, 1898, for disease of the heart, liver, and stoma.ch, resulting from Dr.' W. J. Wansboro testifies that be has known the petit~oner for typhoid fever, from which he was then just recovering. On special three years, and on examination found an atrophy of left thigh, scar examination he testified that the only treatment shown by his recor~s about the size of a silver half dollar on anterior surface right thigh about was on November 11, 1898, when be gave blm some tablets to act on 4 inches below Poupart's ligament, and another scar size of silver his bowels and liver. Claimant told him that he bad bad typhoid quarter about 3 inches below the first one described, the veins of fever in the service, but witn!:ss could not recall that be exhibited any left Jeg much enlarged, and the varicosed condition is secondary to ~arked symptoms- of a recent attack of typhoid fever, and his impres· injuries which caused the scars; right thigh measures 19! inches be­ swn at the time was that tt was malarial. tween extremitie of femur, the left 18 inches ; a scar 1l! by i! inches "'I can not recall,' said witness, 'anything definite about his s mp­ along posterior axillary line at eighth rib ; a double hernia, the scars toms in detail further than I have stated: that is, be bad some tem­ resulting from radical operation of which are visible; chronic sclati~a perature, and I gave him remedies for his liver and bowels as I would left side, causing ntropby and permanent deformity, causing ii!Jpau·­ in an ordinary mala1ial or bilious attack. • • • As 'to the con­ ml'nt of left lower leg, which wlll probably grow worse; that be IS not ~~ii~· of Ws heart, liver, or dige tion while under my care I do not uble to do any work nor to dress himself without help ; disability complete. "The evidence is clearly insufficient to show that the c1aima.ilt had From the evidence submitted your committee believe that the dis­ typhoid fever while in the service, or that be was alllicted wlth disease abilities from which the soldier now suffers were incurred in service of the heart, liver, or stomach at the time of his di charge. It is and line of duty, and recommend the allowance of pension at the rate incredible that a man ju<;;t out of bed after an attack of typhoid fever of 12 per month. and scarcely able to wa.lk should have declared that he had no dis· H. R. 5120. Edward C. Franklln, of 3-35 London Street, Bufl'alo, ability or impairment of health from any cause, and that a surgeon N. Y., ser·ved during tbe War with Spain in Company L, First Regiment should have so reported after physical examination. DPlaware Volunteer Infantry, from May 16, 1898, to November 16, " The special examiner took the testimony of seveTal of his comrades 18!"1 8 when he was honorably discharged. lie was 32 years of age at who had not previously testified. None of them could recall that he enlistment. (I. 0. 138t.i066.) was sick or ailing; in any way while at Camp Meade, or at the time of The records of the War Department fail to show be was during the mustet· out, and had no recollection of ever bearing that he bad service eYer reported as sick or received medical treatment for any typhoid fever while on furlough. They remembered seeing him oeca­ sionally after discharge. but could not recall that he apl)eared to be. cause. otherwise than 1n good health or that be made any_ complaint. When discharged be claimed to be sutrering from no disability and "John W . Dickerson. a resident of l\1iddletown, Del., testified: the medical officer who then examined him certified he could find none " ' I became acquainted with him about a year before the War witb exi ~ ting. Spain. • "" • After his muster out be returned here; remained September 23, 1900, be filed a claim based on disease of the heart, only a few weeks, then left, and I have bad no personal knowledge of him stomach and liver, which he claimed were results of typhoid fever he since. While be was here he lived ju t across the street from me; Aul'fered' from in the serYice. This claim was rej~cted December 10, often came to my house and sat and talked with me. His health was 1910, on the ground of no record, medical or other sa!isfactory evidence1 good while be as here, both before and after his service while I knew that the soldier suffered and was treated for typbotd fever or any or hlm. Yes; I remember his being here after his discharge from the the allc.,.ed results in the se1·vice or that they existed at discharge and Army, for in November, 1808, we went partridge bunting. This was continually tbereaftet·. after the 15th of the month. when the hunting season begins. No; I Consider.:tble testimony was filed in the ease to show the soldier do not remember that after his discharge I heard he bad been sick in did u!Ier from typhoid fever 1n ervlce and from alleged results there­ service, or that be was sick or aifing while here after discharge.' after, and a thorough special examination was held for the purpose "From a careful examination of all the evidence it is believed that of ascertaining the trne merits of the claim. A medical examination the claim was properly rejected, and the rejection is accordingly ·by a board of surgeons, November 3, 1!)09, shows the soldier was at atHrmed." . that time suffering from disease of the heart, for which a. rate of twelve­ This decision gives such a fair view or the material facts that it bas eighteenths was ~iven, and from di. eHse of the stomach and liver, been quoted. rated at four-eighteenths. No other disabilities were found to exist. With the bill the petitioner files nn affidavit stating be is wholly After rejection of the claim the soldier appealed, and in a decision nnable to earn a Jiving by manual labor because of disease of the heart, of February 25, 1911, the A sistant Secretary of the Interior sustained liver, and stomach, and believes same was due to his military service, the ndver e action, and in doing so stated as follows: in which be contracted typhoid fever, from which same resulted. He "~'he claimant's statement is that whlle at Camp Meade, Pa., shortly further states that he po&sesses no property or income for support of befol'e the regiment was ordered to Wilmington, ,Del., he began to have biro elf and "i1'e. sevet·e headache, with loss of appetite and disorder of the stomach and l\lany lay witnesses sustain the allegations of the soldier as to in­ bowels ; that after reaching Wilmington, where the regiment was fur­ ability to perform manual labor and possessing no property. Some of loughed for 30 days, he went to the house of friends, Mr. and Mrs. these are comrades, who testify that be did suffer from the alleged William Curter, and on arriving there was so sick that be was com­ typhoid fever in service with results :1.s claimed ()f disease of the pelled to go to bed ; that his wife then at his home at Middletown, Del., stomach, heart, and liver. Some are friends, who also te tify to the and a physician were sent for, the physician being Dr. Jakes, the sur­ same effect. The typhoid fever is alleged to ha-ve deYeloped while the geon of his regiment; that Dr. Jakes dia2'Ilosed the case as typhoid soldier was on furlough, It 'Yfll be noted. fever and treated him for about three weeks and at the end of which Two physicians testify that the soldier does suffer from a. severe time be was convalescent; that he then went to his home at Middle­ form of disease of the heart, liver, and stomach, and same could result town, where be was treated for some time by his family pbysicinn, Dr. from typhoid feveT. They state be is unable to perform manual labor. Charles A. Ritchie; that while he was attended by Dr. Jakes he had From the evidence submitted your com.mittee is of the opinion that stomach trouble (vomiting and pain), and brown spots appeared on tbe disabilities from which the soldier now suffers may be safely his body and limbs, which the doctor said were due to afl'ectlon of the accepted as due to his service, and recommend tbe allowance of pension liver; that Dr. Jakes also told him, after an examination, that his heart at the rnte of $12 per month. was slightly affected: and that these organs-the heart, stomach, and H. R. 517:l. Emma J. Crocker of Rockville Center, N. Y., is the liver-have never recovered their normal condition. When mustered widow of Frank H . Crocker, deceased, who served during the Wat• out he says be was so weak that be could not walk any distance. with Spain !n the United States Navy from June 9, 1898, to September "The military records show that be was on turlonah from October 17, 18!>8, when honorabl_y discharged becam•e his services were no 8, 1898, to November G, 1898, and on November 7, 1898, was examined long-er needed. He was 2u ypars of a~e at enlistment. (W. 0. 29027.) at ·umington, Del., preliminary to muster out. He was then asked The records of the Navy Department fail to show any sickness or whether be bad any reason to believe that be was sutrering from the medical treatment of the soldier during his service. effects of any wound, injury, or di ·ease, or had any disability or im­ The sailor never filed a claim for pen ion. The widow filed a claim pairment of health, and answered "No." The surgeon who examined on May 11, HllO. wblch was rejected June 23. 1910, on the grounu him certified that be found no disability. of no record. medical or other satisfactory evidence, of service origin " The claimant, being confronted with his own signed statement that of any disability, and the inability of the widow to furni h necesE=ary he was free from disability on November 7, 1898, had no explanation evidence to connect the cause of the sailor's death (cerebral bemor­ to offer except that he did not recall making such a statement. He rhal!'e) with bis naval service. acknowled ~~;e d that the signature was genuine. The transcript from the death records show the sailor died August "Dr. Jakes ls dead. The case, so far as ser~ice origin of the allegeu 2, 1909, from cerebral bemorrba~e. disease is concerned, rests mainly upon the testimony of Florence M . Dr. D. N. Bu1son, the attending physician, testifies that be was the and William Carter and Dr. Ritchie, the only other material witness family physician of the soldier for years, and knows bis condition of being t•.e claimant's wife. health was good prior to ser-vice ; that after service he constantly com­ " The Carters made a joint affidavit on November 9, 1910, to the plained of pains in his bead, defecti>e vision, and rheumatism until effect that they were well and personally acquainted with the claimant, his death from hemorrhage of the brain, which the affiant believes was he and his wife having boarded with them for about a year from some due to these causes. time in February, 1893; that about the middle of October, 1 98, the Dr. Arthus D. Jaques testifies to same effect as Dr. Bulson, and Dr. cln.imant cam~ to their hou e sick and the next day was compelled to Jaques was the attending physician at d1!atb, according to the death take to his bed, and Dr. Jakes was called in and pronounced his case record. typhoid fever; that he remained there about a month and then retnrned With the bill the petitioner files an affidavit in which she states that to his regiment to be mustered out; and that during the last two weeks sbe believes the sailor's death was due to his nnval service; that she of his sickness he suffered from difficulty in breathing and weak heart bas no property and no income aside from that which she earns by her action and was very yellow, his stomach and liver being afl'ected. own labor, ana has two minor children to suppot·t. " On special examination, Mrs. Carter, who bad taken the precaution That the widow bas no property is shown by testimony of several to retain a copy of her former affidavit and referred to it to refresh lay witnesse.<~ . her memory before beginning her testimony, could not add anything to Fran,k L. Wisner and C. R. Ankers testify that from personal knowl­ what was therein stated and, in fact, appeared to have very little inde­ edge they know the sailor and the petitioner wet•e never married Ulltll pendent recollection of the claimant's illness. Being asked whether they married eacl1 other in 1900; that they were never divorced. but he had rheumatism, liver or bowel trouble, heart disease, or indigestion lhed together until his death, and that the widow bas not married she stated: again since his death and Is now bls lawful widow. " ' I know be was complaining, and it seems it may have been some John Watts, a notary public, certifies over his enl thnt the widow one or all of these troubles he had, but I myself was sick all ot this presented to him her family Bible and he found enter· d therein the time and hnd little time to think of the ailments of others.' following entries: Frank H . Crocker, born February 16, 1901; William "Her husband. William Carter, who tated that he had been advised F . Crocker, bom October 10, 1905 ; and said entries show no erasures by hi wife to look I)Ver the copy of their affidavit but had been too and appear genuine. busy to do so, could not recall the nature of the claimant's alleged It is shown by testimony of lay witnesses that said minor children sickness at his house, nor bow long be was sick, 'nor anything about arc now living. it,' even when questioned specifically in regard to typhoid fever, heart Several luy witnesses testify tbnt the anilor was n strong and well di ea.."e, li>cr disease, etc., but after hearing his affidavit read stated man before service, but since discharge had sufl'ered constnnUy fr()m that he was wllli~ to 'stick by' it, as he consulted with his wife at pains In his head, defective eyesight, and l'heuma.tism, and gradually the tlme of making it. lost his health completely until he clied August 2, 190!>. 1914. CONGRESSIONAL RECORD-HOUSE. 4987

From the evidence submitted in this case, your committee is of the H. R. 6627. Oscar E. Harper, of Posen, Mich.., served during the War op-inion that a pen ion of $12 per month, with $2 additional for each with Spain in Company C. Second Regiment Ohio Volunteer Infantry, of the two minor children until they, respectivelJ(, reach the age of 16 from April 25, 1S98, nntil honorably discharged February 10, 1899. He year , is fully justified. and so recommend. was 20 years of age at enlistment. Service was chiefly in Georgia. H. n. 6549. Elizabeth A. Shull, of Pendleton, Oreg.., is the widow of (I. 0. 1261363.) A. P. Sb.ttll, deceased, who served in the Kibbe Rangers, Capt. William He filed a claim January 30, 1901, based on typhoid-malarial poison­ Bvrne's company, :nrst Brigade. Sixth Division, California Militia, ~ng and ulceration of skin a.nd general debility. This claim was re­ Indian wars, from .August 16, 1859, to Jannary 4, 1860. (W. 0. 8407.) Jected October 14, 1001, on the ground of no ratable degree of disability The soldier died about 1\Iay 28, 1897. He never applied for a pen­ from any of the alleged disabilities since the date of filing the claim. sion. The widow filed a claim .August 9, 1902, whlch was rejected On June 6, 1908, he filed another claim for pen ion based on weakened on May 20, 1900, on th~ ground of no title, :ts the soldier's service physical condition and varicose veins of both legs, all of which are wns rendered ubsequent to the pe1·lod of any of the Indian wars pen· alleged to be results of typhoid fever, from which he suffered during siona.ble under tbe aets of July 27, 1892, and June 27, 1902. his service. The claim was rejected on April 23, 1910, on the ground Tile records of the War Department fail to show the organization of no record of the alleged varicose veins of both legs below the knees, in which the soldier served was mustered into the service of the United no medical or other evidence showing existence of the same in service, States. The records of the Auditor for the War Department, however, and the claimant"s failure and evident inability to furnish the evidence show said organization did nmder service as n State organization :md necessary to establish the claim. the State of California was afterwards reimbursed by the United States No appeal was taken and no effort made to reopen the claim. for the expense of aid sen--Ice, and the soldi~r was paid for the period The records of the War Department show treatment as follows : ol 4 months and 20 days. " July 20, 1898, malarial fever, tertian, also shown by diagnosis The evidence on file shows the soldier was first married in 1866 to typhoid feve"I", in line of duty. Returned to duty Seittember 13, 1898. one Florence Schub, who died in the year 1872; that on January 1, Nothing additional found." 1 73, he married the petitioner, who had nevet· been previously mar· When clischarged be claimed to be suffering from no disability, and ried, and li>ed with him until his death, about May 28.. 1897, and that those by whom he was examined found none, save slight left varicocele, she has not remarried and is now his lawful widow. which soldier said had e.ll:isted prior to service. - The service alleged was rendered by the soldier and the petitioner is Capt. Frank H. Bell, in affi-davit of March 18, 1909, states that the his lawful ~·idow. Her claim in the Pension Bureau was rejected sim- soldier sufl'ered during the service from a severe attack of typ-hoid • ply beca.use there is no existing law providing pensi_on for solqJers a._nd fever; that he knew the soldier {trior to enlistment, and ~ was a their WJdows who rendered such se1'vice-it wns m connection w1th strong and healthy man, free from any disability; that the soldier's none of the Indian wars for which pensions are provided by the sev· health has been very bad since his di:;:ehan~e. e:rn.l acts of Congress relative to Indian war service. Dr. L. Bigler testifi('d, November 27, 1901, that he had treated the With the bill the petitioner files an affidavit stating she is 61 years soldier since July, 1901, and found him suffering from disease of liver of age and has no property or income and is unable to earn a living. a.nd spleen and heart aud eczema of both legs below knees. - A physician testifies that the widow is a sufferer from chronic lum­ Dr. L. D. Applewhite testified, December 21, 1907, that he had treated bago, rheumatism, and bronchitis, and not aMe to earn a living and the soldier from 1904 for varicose veins and eczema of both legs ; that has no property. affiant believes disease of legs to be result of typhoid fever the soldier That he has no property is amply shown by other lay testimony. suffered from during service. From the evidence submitted your committee belieYe that a pension Ile was examined by a board of surgeons at Sandusky, Ohio, .April 3, of $12 per month is fully warranted. and so recommend. 1901, who reported that. aside from some ulceration of left leg below H. R. 6503. Crowell Lisenby, of Pinehurst, R.. F. D., Dooley County, knee of 7 by 4 inches, for which they state no rate was warranted, Ga .. was, during the War with Spain, a private in Company G, Third they found soldier suffering from no disability at all and not entitled to Regiment United States I:n.fantry, from July Hl, 1!:!99, to July 18, 1902, any rate. when dl charged upon the expiration of his term of enlistment. February 10, 1909, be was examined by a board of surgeons at lie applied for pP.nsion February 6, 1908, stating that in October, Cbieago, Ill., who reported all organs normal, except both legs. They 1001, while in the Philippines he was riding as an escort on an Army found Yaricose veins of both legs below knees of a very severe nature wal!on going for wood; thBt the wagon fell through a bridge a distance and equal to loss of use of wrist or one ankle in preventing manual of 7 feet, and that in the fall his back was struck with great force by labor. Rate, ten-eighteenths. the back of the seat, causing a permanent injury of the back, for which With the bill the petitioner files two affidavits in which he alleges he was treated in hospital. that he was strong and well prior to enlistment; that he contracted The claim was rejt>cted on the ground of no disability May 2, 1908, typhoid fever of severe fo1·m in the service, which has resulted in and again February 15, 1910, on the ground of no record, medical, or varicose veins of both legs below the knees so bad as to require re­ othPr satisfactory evidence showing incurrence in service or existence moval of some of the veins of left leg by operation; the resulting at discharge of the alleged injury. varicose veins came on gradually after his service; that be is unfitted Reopening bas been several times denied. for any kind of manu~ labor; that he possesses no property except a The soldier, as shown by the War Department records, was 2.3-fi few household goods. years of age at enlistment. The records of physical examination at Three lay witnesses by their testimony sustain the soldier's allegations enlistment show: as to owning no property. One of these also testifies that the soldier " Chills and fc>er at 21 years of age. Gonorrhea tn 1898. One sufl:ered from typhoid fever in service, has had disease of both legs molar gone." . since as a result, and has not bet>n able to perform any manual labor He was treated for causes other than the alleged injury of back, for some years because of the diseased le~. among which was preputial chancroids, multiple, not in line of duty, Dr. J. i\1. Jones testifies, January 9, 1913, that he has treated the from January 26 to 1!'ebruary 1, 1901. There is no recoru of treat­ soldier for the past two years for varicose veins of both legs ; one ment for injury of back, but be was treated October 25 to 28, 1901,, for limb has been operated upon anu the other must be soon; that he is acute lumbago, both sides, cause unknown, in line of duty. unable to perform manual labor and owns no property. The claimant was examined by a board of surgeons at Macon, Ga., Dr. V. H. Dumond in an affidavit states substantially the same .April 1, 1908. They reported his height as 5 feet 10~ inclles, weight thing as Dr. Jones. 160 pounds. The board said he was .. well nourished. Heart and Dr. Alex W. Campbell, on March 6, 1913, testifies that he has lungs negative. Urine negative. No evidence ·of injury to back except attended the soldier at various times for the past year or so; that his word that he sufl'ers pain there. He does re,"Dlar work of farm the soldier has varicose veins of both legs below knees, and the left hand daily. No evidence of specific disease." leg shows scar 16 inches long made by an operation to remove veins, One comrade stated in 1D10 that the soldier was thrown from a and right leg will require a similar operation ; that the diseased con­ wagon and injUl'eu his back in October, 1901, and tba:t he gained his dition of both legs prevents manual labor to at least 50 per cent. knowled~e of the mutter by talking to th.e soldier shortly after the From the evidence submitted your committee believe that the dis­ alleged injury was received. abilities from which the soldier now sutiers may be safely accef)ted Another stated at the same time that the soldier was thrown from as due to ser>ice, a.nd they respectfully recommend the allowance of an escort wagon in October, 1901, and that his information was de· pension at the rate of $12 per month. rived by his knowing he was in hospital for injury of back. II. R. 6943. Charles F. Pandorf, of the National Military Home, Laymen state that the claimant has complained of his back and has Montgomery County, Ohio, served during the War with Spain, in not been able to do much continued labor since service. Company I, Third Ohio Volunteer Infantry, from June 21, 1898, to One physician testified in November, 1908, that he did not find any October 26, 1 98, when honorably discharged. He was 19 years of objective evidence of disability, b11t that the claimant complained of age at enlistment. (I. 0. 1354178.) pains, soreness, and weakness in left lumbar region of back. November 19, 1906, he applied for pension based on rheumatism, .Another said there was a tender spot on the left of spinal column in disease of the kidneys, and malarial poisoning, alleged to have been · r('gion of third and fourth lumbar vertebrre and that he was then totally contracted in the service. This claim was rejected on February 17, disabled, judging from subjective symptoms. 1908, as to disease of the kidneys and malarial poisoning on the Another said there was tenderness in region of third and fourth ground of no ratable degree of disability from same since date of lumbar vertebrre which impaired ability for manual labor, and a month filing, and as to r~umatism on the ground of no record evidence of later in 1908 he said the condition was worse and that he constantly origin or treatment therefor in the service, and the claimant's statement complained. on file declaring that said disability did not originate until after the In an affidavit accompanying the bill the petitioner states that he is soldier's discharge from the service. wholly disabled by injury of back and general debility; that he owns no .April 28, 1009, he tiled a claim for pension alleging malarial poi­ property, and has no income. soning and disease of the . kidneys, contracted at Huntsville, Ala., in Two laymen corroborate his statement as to financial condition, a.nd a the fall of 1898. This claim was rejected on October 21. 1909, as to physician testifies that he examined the <;laimant Uarch 25, 1912, and disease of the kidneys on the ground of no record and the claimant's " find him unable to do manual labor owing to an organic heart lesion manifest inability to show origin in service and contiiJ.nance from dis­ and kidney troubles." charge by satisfactory evidence, and as to malarial poisoning on the Two comrades swear thk soldier was injured in the back while in the ground of no ratable degree of disability therefrom sinee date of filing service and line of duty, as he alleges ; four lay witnesses and the sol· the claim. dier himself swear he has been disabled by pain and weakness of the The claimant appealed aft<'r the second rejection of his claim and back ever since discharge ; and other lay witnessea and physidans stated that subsequent to filing these claims he had undergone treat­ testify be has su!l'ered more or less from a disabled back from a short ment at the Mercy Hospital, Baltimore, Md., where it was found his whil~ after his discharge until the present time. The physicians also greatest disability was tuberculosis of the wine, and that it is shown state he has some heart trouble. by medical science tuberculosis of the spine can and does re ult from After the final refusal to reopen the claim at the Pension Bureau an malarial poisoning. Tile Secretary of the Interior, November 25, 1910, appeal was tal;en, and in a decision of October 4, 1913, the .Assistant gave a decision sustaining the former actions of rejection and holding Secretary of the Interior sustained the rejection of the claim and re· the claimant must file a new declaration amendtng the former declara­ fusal to reopen same. This decision will be found attached to the brief tions, if he desired tube1·culosis of the spine considered as a result and gives the view o~ the bureau and the department regarding the of malarial fever from which he suffered in the service. After this merits of the claim, and attention is invited thereto by your examiner. decision the claimant filed an amendatory declaration December 22. li'rom the e idence submitted your committee belie-ve that the disabili· 1910, allegin~ the spinal tuberculosis was due to malarial fever from ties from which the soldier now sutiers were incurred ln service and line which he suft'ered durlng the service. This claim was rejected January of duty, and recommend the allowance of pension at the rate of $12 per 7, 1911, on the ground of no record, medical or other satisfactory month. evidence, showing origin of spinal tuberculosis in the service, or 4988 CONGRESSIONAL RECORD-HOUSE. }fAnCH 17,

continuance thereof from discharge, and the claimant's evident ina­ dl,sab~lity from dysentery and gastritis. No disability shown since date bility to connect the origin of the same with his military service, ?f fil!ng ft:om malal"ial fever, chills and fever·, d1 ease of kidneys and , . ns ~ result of the malarial poisoning, or otherwise. 1mpa1red sight. ' No appeal bas been taken to this last action of . rejection, and no Under an exhaustive special examination evidence was secured show­ effort was made to reopen tbe claim for reconsideration, although this ing that the _loss of claimant's teeth was not due to his military service was a legal rejection, and thus cut off the medical authorities from but due to dtsease of teeth and gums which existed pl'ior to his enllst~ passing upon the question as to whether or not tuberculosis of the spine ment. June 2, 1904, he was pensioned for chronic diarrhea at $6 per could or would be accepted ns a result of the malarial fever. JJ?.Ontb, and the pension on account of loss of pat·t of teeth was discon­ The records of the War Department show the soldier was treated for tinued. remittent fever from July 31 to August 3, 1898 (diagnosis also as myalgia). The e records also show be was on furlough from September A claim for increase of pension 'Yas rejected February 17, 1!>10. 15 to October 15, 18!>8, and furlough was extended from October 15 to December_!>, 1_910, he was granted an mcrease of rate to $10 per month October 26, 189 . on a physician's certificate. for chrome diarrhea, but the claim for restoration for loss of part of When mustered out the soldier claimed to be suffering from kidney teeth was rejec~ed, as tl}e evidence failed to show that this disability disense and malarial fever. The medical officer who then examined was due to service and hne of duty. A request to reopen the rejected him states: part of the claim was denied March 20, 1912. No appeal was taken " Soldier is emaciated and anemic and asthenic, probably due to a "May 29 and 30, 18!)9, intermittent malarial fever in line of duty· recent attack of some continued fever of which be gives a history (pos­ June 22 to July 2, 1899. acute diarrhea; July 3 to 9, 1899 acute diar: sibly typhoid). Urinary disturbance probably due to disturbance of rhea; August G to 14, 189!>, acute diarrhea; August 15 to November 16 uJgesti0n and a febrile temperature." 189!),. chronic gastroenteritis; November 17 to December 27, 1899; This surgeon regarded the soldier's physical condition as temporary, chron~c gastroenter·itis; _December 27, 1899, to February 13, 1900, stating that with care be should be well again in a month or six weeks. chrome dysentery, complicated with spine; February 13 to May 31 IIc stated that the soldier was then, however, totally disabled phys­ 1!>00, chronic dysentery, complicated with loss of teeth and inability to ically. masticate food ;, in line of duty. Discharged May 31, 1900, on surgeon's Capt. and Asst. Surg. F. C. Weaver testifies that the soldier was ill certificate of disability." in the sei·vice in October..!. 1898, with malarial fever; that since the No testimony w~s . filed In the original claim, it being adjudicated service during 1905 and 1u06 affiant treated him for rheumatism. upon the record .evtdence.. November. 7, 1900, the board of surgeons at Capt. n. F. Boyer testifies that the. soldier became ill with malarial Youngstown, Ohio, exammed the cla1mant and reported that he was fe\·er r.nd kidney disease about Septembet· 7, 1898, in line of duty; that suffering from chronic diarrhea and that 13 teeth were missing They the hammocks were turned in and the soldiers bad to sleep on the also fou!Jd di~ease of liver and stomach, result of malarial fever, and ground with only a blanket in September, 1898 ; that since service the rated eight·etghteenths for same and three-eighteenths for loss of soldier has suffered from rheumatism, and he is now misshapen and teeth; catarrh, two-eighteenths; and disease of heart, one-eighteenth. unable to work. The board of surgeons at Warren, Ohio, on .Tune 19, 1901, report that Charles Bobb testifies that the soldier bas suffered since December, be is entitled to twelve-eighteenths for chronic diarrhea six-eighteenths 1898, with rheumatism, and once so badly he bad to go to Hot Springs, for disease of lungs, four-eighteenths for loss of teeth: and two-eight­ Ark., for it. eenths for catarrh. The board of surgeons at Columbus, Ohio January .James Taylor testifies that the soldier has suffered since 1901 with 26, 1910, state that he bas slight diarrhea, but not enough for them to rheumatism. rate; two-eighteenths for loss of teeth. fom· eighteenths for rheumatism George L. Hussm.:ln testifies that the soldier was well and strong and no other dimbility found. On November 16, 1910, the board at before service, but came home from same a physical wreck and bas con­ Marion, Ohio, report that be is entitled to twelve-eighteenths fot• chronic stantly since suffered from malarial poisoning and kidney trouble. diarrhea, six-eighteenths for disease of heart, and that eight upper and H. A. Caples testifies that the soldier bas suffered from malarial eight lower teeth are missing. The board at the National Military poL oning and kidney trouble since 18!>8, after his discharge. Home, Ohio, on January 10, 1912, find his appearance anemic, he:ll't en­ George L. Pumphrey testifies that the soldier has suffered ever since larged. lungs in good shape, stomach and rectum inflamed and tender. affiant met him in 1!)01 with b."idney trouble and malarial poisoning. urine in good ot·der, and rate ten-eighteenths for chronic dianhea and ,T. F. Flanigan testifies the soldier went to Hot Springs, Ark., in fom·-eighteentbs for disease of heart. Febmary, 18!>9, and March, 1004, for baths for rheumatism. During the special examination several comrades and an officer testi­ Dr. C. L. Patterson testifies he treated the soldier from October 10 fied that when claimant joined the regiment he had bad and di:::ea ed to November 7. 1898, for malarial fever. teeth and also bad lost a good many of the most important teeth. A Dr. W. 1\I. Blaine testifies that he treated the soldier from August, dentist who had treated his teeth also stated that his teeth had always 1903, to June, 1904, for severe articular rheumatism, and he suffered been brittle, diseased, and bad. This dentist t.s very old, and upon so severely from same as to be wholly unable to do any work. cross-examination repudiated some of his testimony as to bad teeth to The board of surgeons at Columbus, Ohio, who examined the soldier such an extent as to cast some doubt over the questiol1 ns to the real Decl:' mber 2G, 1!>06, states as to rheumatism: value which should be placed upon his testimony as a whole. However, "Rheumatic crepitus in both shoulders, wHh pain in these joints oa taken with the other adverse testimony, it would appear to show he is elevating arms above 110°. Passive elevation restricted to 135°. Con­ correct in stating the claimant's teeth were bad from boyhood days and siderable atrophy of lumbar muscles. Marked posterior kyphosis in­ in no sense due to service anti line of duty. volving dorsal vertebra, the curvature being somewhat regular through­ With the bill your petitioner files an affidavit in which he states be out npper three-fourths costal vertebne. No evidence of disease of is unable, by reason of diarrhea and resulting constipation, to earn a any vertebrre further than the deformity above described. No tender living by manual labor, and that be owns no property of any sort. joints. No pronounced prominence of any one vertebrre. The curva­ Two lay witnesses, In affidavits, sustain the allegations of the peti­ ture seems too pronounced and inflexible to have resulted from posi­ tioner as to owning no property. tion or occupation. No evidence in any other joints, muscles, or ten­ Dr. C. G. Roger·s testifies be bas examined the petitioner, August u, dons of rheumatism. Elight-eighteenths rheumatism, including curva- 1913, and finds be is suffering from chronic diarrhea and resulting ture of spine." . periodical constipation and intestinal trouble, and is wholly unable to They found no disease of the kidneys, and as to malarial poisoning state: perform manual labor. "Area of hepatic dullness normal, extending from seventh rib to Dr. J. W. McKinney testifies, November 7, 1913, that he had that three-fourths inch below costal border. Spleen in normal position day examined the petitioner and found him suffering from chronic and can not be felt beneath border of ribs. Skin normal. Conjunctive diarrhea, alternating with constipation, with resulting prostitls and clear. No icterus. No special tenderness over liver, spleen, or stomach. pain and dish·ess in the intestines ; some involuntary bowel evacua­ No evidence of malarial poisoning. No rate." tion which caused continual soiling of clothes (was soiled at exami­ They find no other disability of any kind except a very irritable nation) ; chronic gastritis with distention of stomach, causing palpita­ heart, rate six-eighteenths, and no evidence of venereal diseuse or tion and dyspnea and vl:'rtigo ; diarrhea and pain marked over stomach vicious habits. and In testines upon exercise, and because of these disabilities be is This board treats curvature of the spine as result of the rheuma­ wholly disabled for performance of manual labor. tism, it will be noted. From the evidence submitted your committee believe that an increase He was examined by a board of surgeons at Washington, D. C., from $10 to $12 pet• month is fully warranted, and so recommend. July 23. 1909, who report they could find no evidence of rheumatism, H. R. 7053. John D. Ashley, of 1115 'l'welfth Street, Pueblo, Colo., malarial poisoning, or disease of the heart. This board found the served during the War with Spain in Troop .A, Second United States soldier to be suffering from only one disease, to wit, acute nephritis, Cavalry, from May 1, 1898, to October 24, 1898, when honorably dis­ for· which they rate bim ten-eighteenths. This board makes no men- charged. lle was 35 years of age at enlistment. (I. 0. 1388000.) . • tion of curvature of the spine. On Januat·y 17, 1!)00, he applied for pension, based upon rheuma­ With the bill yon petitwner files an affidavit stating that by reason tism, alleged to have been contracted in · Jacksonville, Fla., In July, of rheumatism, spinal tuberculosis, and malarial poisoning he is 1898. The claim was rejected December 22, 1911, on the ..,.round that wholly unable to perform any manual labor, and that be possesses the rheumatism existed prior to enlistment, as shown by the evidence no proper·ty or income. on file. No appeal was taken and no effort, beyond some correspond­ Three Jay witnesses testify that the soldier is unable to perform ence without an:v testimony, was made to reopen the rejected claim. any ma nual labor and owns no property at all. The records of the War Department show the following treatment: The surgeon of the Soldier·s' Home certifies that the soldier is now "July 11 to 25, 1 98. acute articular rheumatism in I.Jotb knees and sufferi n~ from Potts' disease, tuberculosis of the spine, pulmonary feet, in line of duty; July 25 to September 3, 1808, rheumatic fever, in tuberculosis, and chronic articular rheumatism, and marked kyphosis line of duty. neturned to duty. Furloughed September 4, 1898. No of dorsal region of spine. • additional record of disability found." The soldier is now in the hospital of the Soldiers' Home. When discharged he claimed to be suffering from inflammatory rheu­ With the bill will be found two photographs of the soldie~· recently matism and stomach trouble. The officers by whom he was then ex­ taken. from which it will be seen that be is in a horrible physical amined certified that the soldier was then suffering from subacute articu­ condition. and, of course, unable to do any kind of wor·k. lar rheumatism, which was contracted in the service and line of duty. From the evidence submitted your committee believe that the dis­ In support of his claim the soldier filed affidavits of two physicians, abilities from which the soldier now su!Iers may safely be accepted who testified to h·eating him for rheumatism from about 1907 on to as iiue to service, and recommend the allowance of pension at the rate 1910, and a:ffi.davHs of two lay witnesses testifying to the fact that fot· of $12 per month. about 10 years J?riOr to 1!>10 the soldier bad suffered from rheumatism. II. n. G952 . Hale F. Hamilton, of the National Military Home (Com­ He wns exammed by a board of surgeons at Pueblo, Colo., .April G, pany l!>). Montgomery County, Ohio. served in the War with Spain 1910, who r·eported him to be then suffering from general rheumatism from Ant·il 25. 1 98, to November 5, 18!)8, as a private in Company N and rated 8/18. This board found no other disability existing. Fifth Ohio Infa_utry, and ft·om January 4 to May 31. 1900, in Company The claim underwent a thorough special examination for the pur­ E, Twelfth Umted States Infanti-y, when honorably discharg-ed on a pose of ascertaining if the soldier bad been free from rheumatism prior ~nrgeon's certificate of disallillty. Service chiefly in the Philippine to his enlistment. This action was due to the fact that before nnd Islnnds. Ag-1:' 25 at last ealistment. (Invalid certificate 1055697.) after enlistment the soldier's occupation was that of a minet· wot·king June 7, 1900, be filed a claim for pension alleging chronic diarrhea far underneath the ground, and such people are very apt to, and usually dyRentet·y. and malarial fevet'. resultin~ in disease of kidneys, impaired do, contmct rheumatism, and also becnuse he so soon after enli tment sight. and gastritis: loss of teeth, general debility, and cold resulting suffered so sevet"ely and so persistently from rheuma. tlsm. in cntat-rh, all contracted in the Philippines. He was allowed a pen­ A vast array of testimony and evidence was secured by this pecial Rion of $8 per month Iarcb 5, 190~. ft·om date of filing, for chronic examination from witnesses who are rated as good men and women, dianbea and loss of part of teeth. This approval and rate to cover all which can be briefly summarized as follows. 1914~ - CONGRESSIONAL RECORD-HOUSE. 4989

The soldier's father and motlfer, two sisters, 1md a brothe_r-1n-law Dr. Henry Buchanan testifies, May 3, 1913; that fhe petitioner is state that he was a peculiarly strong .and well man prior to enllstment, under .his treatment and is unable to perform any b."ind of manual labor free from any physical disability; that he returned to their home imme­ as she is subject to epileptic attacks, in one of which she fell upon a4 diately after nischnrge~ when be was suffering very severely w1tb rheu­ stove and sustained very severe burns from which she was months matism of both k"1lees, ankles, legs, .and shoulders and back, from which recovering. b-e has continued to suffer. · It is shown by a:ecoro evidence that two minor children, born August Five lay witnesses wbo knew the soldier f~r periods of from seven 30 1901, and December 1, 1903, are now living. - months to 'Several year before his enlistment state that :he never 'Suf­ From the ~vidence submitted your rommittee believe that a pension fered from rheumatism prior to the service. of $12 per month, with ~2 .additional for each of the two minor children, One com'l.'ade and 'three lay witnesses testify that the soldier never is fu:lly warranted and so recommend. su:fl'ered from rheumntism prior to enlistm~t. but did suffer from same H. R. 7977. Geor~e Oatten, of Saginaw, West Side, Mich., served dur­ imm iately after discharge and ever since that date. ing the War with Spain in Company E, Thirty-third Regiment Michigan I<'ive lay witnesses tC'stify that the soldier has suffered from rheu­ Volunteer Infantry, from April 26, 1898, to December 22, 1898. He matim during the period of their acquaintance with him, which covered was 21 years of age at enlistment. Much of the service was performed the time from date of discharge until .1910. in Cuba. (I. 0. 1345470.) F ive physicians testify to treating the soldier for rhellii!atism since The military records of the War Department sh~w he was sick 1n the his discharge. Their treatment pretty well covers t:he per1od of from ~0~~ r!:o~d~~e:w ~u~~iio;;_~~ July 15 to August 16, 1898. · The date of 'discharge to 1910. ~o much foi· the evidence which is favorable to the claim. " • '* • to July 29, 1898., malaria: July 29 to August 2, 1898, Tbe adverse testimony and that which affords the basis for action of malarl.a.l remittent fever; August 10 to 11, 1898, malaria; August 11 to rejection of tbe claim is substantially as follows : r 15, 1898, insolation (sunstroke) complication, malarial remittent fever­ ·william H. nose states that he knew the soldier very well for years ' in line of duty. No additional record found." b~forund that the best obtain­ crutches was an accidental injury of one of ;the soldier's knl:'es and not able testimony fails to show existence of the alleged disabilities at the rheumatism, and · o far as be knows the soldier never suffered from date of discharge and continuance thereafter. rheuma tism before enlistment. This witness .alleges the special ex­ He again filed a claim June 7, 1900, realleging -same disabilities, nnd aminet· was overzealous in an effort to show that the rbenmatlsm did this was l"ejected November 10, 1910, as to malarial poisoning to cover exist prior to serviee~ .and then caused the witness to seemingly swear disease of stomach, bowels, liver, and spleon, on the ground of the to thing-s be had no intention of testifying concerning. The Commis­ claimant's -evident inability to furnish medical or other satisfactory sionet· of Pensions refused to accept the repudiation of said adverse tes­ evidence of the continuance thereof since the date of discharge. That timony. (See .copies of letters attached to brief.) part of the claim based upon alleged results of sunstroke was not con­ Two lay witnesses testified that the soldier did go upon crutche-s for sidered, having been rejected and not reopened. No appeal was taken, some time at the time Mr. Rose had stated, but these witnesses told the but four efl'orts have bt>en m.ade to have the chum Teopened, and all ·Specml -e iner -they did not know tbe cause for using crutches, and were denied on the ground of insufficiency of the testimony offered to they also stat-ed they never !knew the soldier to suffer from rheumatism warrant such acti()n. . before his enlistment. The claimant, in all :papers executed and filed by him, and also in a All of the medicn.l officers by whom the soldier has bc.en examined re­ swo1·n statement before a s~cial examiner, alleges he suffered during port no evid-ence of v-enereal disease. the service from but two disabilities. to wit, malarial fever and sun­ The oldier explains tbe us.e of the crutches at the time alleged. -and fltroke. lie claims disease of stomach, bowels.. liver, heart, and spleen upon a t lea t one other occasion, bY stating that he h.'ld then injured .resulted from tbe malarial fever, and tbe sunstroke resulted in nervous one of bis knees and upon these othet· occasions be bad .suffered injuries debility. vertigo, intole:r"a.nce of heat, and dizzy spells, from which he to tbe other knee dnd to both ankles. The evidence shows that one has snfi'ered ~onstantly ince his discharge. knee and perhaps both ankles of the soldier have been injtu:cd .at varlous Several officers rrnd half a dozen comrades have ·testified in affi-davits times in his life. ot· before the spe-cial -examiners to the fact that the soldier was very ill ·uh the bill your petltlonC'r .tiles an .affidavit statin~ that by reason in the summer of 1898 in Cuba with malarial f-ever and returned home of rhE: umatism, which he firmly believ due to his milit ary service, he an ter;r:ible physical condition, having to be _placed in a hospital iii is wholly unable to earn a support by manual labor; that he owns no Detroit, 1\lich., for a day or so while en route home, and was ill for n. protJel·ty and has no income from any source. lung while aftenl·ards from malarial fe\er. Wben he was discharged T wo Jay witnesses by their testimony sustain the allegations ot the lle cla:imed he was then suffering from chills and fever, and the surgeon soldier as to his inability to perform manual labor and pos ession of by wbom he wa.s examined .certified he was then suffering from malarial 1 0 1lQh•oning. non ~·~ W.t~. Dorland testifies the soldie:r sutiers from chronic rheu­ None of these officers or comrades have any personal knowledge of ti m of nips, knees, and feet; that be suffer great pain from same any sunstroke the claimant ufier~ from in the service, and he himself and tlle ;oints are enlarged. .and be is totally unable to perform .any ordi­ can not and will not swear he was ever unconscious from sunstroke or nar.v manual labor. collapsed from overheat during the service. However, there is the From the evidence submitted it is believed that a pension of $24 per record of treatment in the servlce from sunstroke. mon th is fully warranted and it is so recommende.) Th1.·ee doctors testify to the fact that the soldier has suffered since . The widow filed a claim for pension November 20, 1912, alleging the about ·1904 from malarial poisoning and its usual results. Two of soldier's death1 on September 24, 1912, was due to hls military service. these pbysieia.ns and • ver.al Jay witnesses testify to a spell of tem­ This claim was rejected Fehru{Lry 14, 1913, on the gTound of the claim­ porary insanity :from wbicll soldier suffered in July, 1905, that lasted ant's inability to furniBh competent evidence to connect the c~use of f-or a . week or more. He was confined in jail and underwent official the oldier'.s death (abscess of the brain and meningitis due to disease examination at that time for the mental truoble. of left ear) with his military service. No appeal was taken and no He was examined by a board of surgeons at Saginaw, Mich., April 18, effort was made to reopen the claim. 1906, who report him as 27 years of age, 5 feet 9 inches ln height, and '£he records of the War Department show treatment as follows~ weighs 127 pounds. This board f~und he was suffering from malarial " September 2 to 27, 1898, acute tonsilitis, both sides; November poisoning and rated same at ein-ht-eigbteenths. They state he suffered .2.2 to 23, 1898, coryza, acute; December 2 to 4, 18!)'8, malaria, acute from no ~ther dillla.bili.ty and there was no disability of vicious habits. fcve1·; December 3 to 20. 1898, malaria, remittent; December 22 to 25, They found no evidence of an;y results .from sunstroke. , 1898, b1·onchitis, acute; December 30, 1808, "to January 4, 1899t malaria, The special exruni.n.ation drsclosed the fllct that the claimant had intermittl.•nt; returned to duty. All the foregoing in line of auty. No borne a pretty bad character prior to his enlistnlent, havin~ been prose­ additional record of disability found." . cuted for and convicted of larceny, but that since his discnarge he has The death records show the soldier died September 24, 1912, from married and been a steady wot·ker and kept out of trouble. lie has abscess of tbe brain and meningitis, with mastoid disease as a con­ always been a T"ery thin man, and before and since service lias gone tributing cause, and Dr. Victor Ray as attending physician. by nickname " Skinny." It is not shown that he was ever ill prior Dr. Victor Ray testifies, December 10, 1912, that the soldier came to the service, and it is not shown that he has been sick to any very under affiant's treatment September, 1912, for chronic in1l.ammation marked e:rt-ent since his recovery from mn.larial fever, from which he of the left ear ; that tbe soldier told affiant t:he ear had been dis­ was suffering very severely nt t'he time of his discharge. In fact, he charging ever since his

From the evidence submitted your committee believe that the disabili­ From the evidence submitted your committee believe that an in­ ties from which the soldier now sufiers were incurred in service and crease from $10 to $17 per month is fully warranted, and so recom­ line of duty and recommend the allowance of pension at the rate of mend. $1ards served in Company ID, Eighth Regiment United States listment. He was 24 years of age at enlistment. (I. 0. 1389423.) Voltmteer Infantry, from September 13. 1886, to June 4, 1890, when The records of the Wat• De;:)at·tment show the following treatment: honorably discharged by favor, and in Company B, Fifteenth Re~iment ".January 28 to February 23, 1878, punctured wound of the right United States Volunteer Infantry. from August 24, 1891. to August 24, thigh by sh:u-p point of blacksmith's anvil on January 27, 1878; April 1892, when again honorably discharged by favor, and in Company H, 1 and 2, 1 1 , sprained back on 1\Iarcb 31, 1878 ; July 16 and 17, 1878, Eighth Regiment nited Stutes Volunteer Infantry,~, from March 12, catarrh. No additional record found." 1894, to December 16, 1895, when transferred to ~,.;ompany F, Sixth Murch 22, 1910, the soldier filed a claim for peno;ion based upon in­ Regiment United States Volunteer Infantry, from which he was finally jury of stomach, which he alleged he received by bdng kicked in the honorably discharged June 11. 1897. He was 25fi years of age at the stomach by a horse in 1875. 'l'his claim was rejected October 17, first enlistment. (I. 0. 1238555.) HllO, on tJie ground that no disability in a ratable degree was shown The records_ of the W&.r Department show the following treatment to exist from the alleged injury of stomach. No appeal was taken, but in each service : the claimant twice attempted to have the claim reopened, and each l•'irst service- time such action was refused by the Pension Bureau because the evi­ " March 3 to 6. J 881. neuralgia ; March 27 to April 2, 1881. fever; dence offered was not deemed sufficient to warrant same. April 10 to 17, 1881. inflammation of pleura: April 24, 1881, catarrh; The claimant swears that while shoeing a horse in the service (In November 4 to 6, 1882. contusion of scalp; November 17 to 23. 1882 oischarge of the duties assigned him) he was kicked in the stomach by contusion of scalp, right side of head. caused by beer bottle; May 18 the horse and received an Injury from which be has suffered ever since; to 21. 18 3, acute bronchitis; January 11 to February 9, 1884. acute that be is unable to furnish testimony of but one comrade as to in· rheumatism." em-renee of said injury, as the officers, surgeons, and all other comrades Second service-- who knew of the same are dead or in par-ts unknown to him. "August 5 and 6, 1887, acute diarrhea." Comrade Thomas B. Gilmore testifies, November 9, 1910. that prior 1.'hird service- " January 4 to 21, 1882, slight contused wound of the right band. hit to being kicked by a horse in the service the claimant was well and a man in the teeth, not in line of duty; April 6 to 8, 1892, chronic in­ strong, but afterwards sutl'ered from the results of this injury and never flammation of the mediastinum, was overheated while rescuing a was well again as long as affiant knew him ; that the soldier suffered drowning person, In line of duty ; .July 6 to 25. 1892, acute gonorrhea, ft·om stcmach trouble and claimed same was due to the injury from not In line of duty. Nothing additional found." the horse kicking him ; that he was confined for a time in the hospital He was not reported sick nnd received no medical treatment at all and underwent medical treatment after the horse kicked him. during his final service from March 12, 1894. to June 11, 1897. accord­ Three l!ly witnesses, who testify that they have known the soldier for ing to the War Department. periods ranging from 1881, 1885, and 1 93, state be has always since On November 4, 1899. be filed a claim for pension based upon rheu­ they knew him suffered from some trouble or disease of the stomach, matism, which he alleged he had contracted during his first service in and claimed same was the result of having been kicked by a horse when Company B, Fifteenth Regiment United States Volunteer Infantry, in the military service. about January, 1884. This claim was first rejected June 25, 1901, on the Dt·. H. F. Smith testified December 27, 1910, that he that day ex­ ground of no disability in a ratable degree from rheumatism since date amined the soldiel' and found him sul!ering from disease of the of filing. stomach, which claimant alleged was the result of having been kicked He again filed a claim May 26, 1006. reallegin_g the same dlsabillty by a horse in the military service; that the stomach is painful and and same time and place of contracting it. This claim was rejected after meals there is nausea and as a physician be suspects there may May 15, 1913. on the ground that the evidence on file, the best obtain­ be carcinoma of the stomach. This physician states he bad never able, fails to satisfactorily show that rheumatism has continued since before this examination treated the soldier. January 17, 1886, the date of the discharge from the first service, or 'rhe soldleL' was examined by a board of surgeons June 1. 1910, who to connect any now existing disability therefrom with the claimant's reported him 61 years of age, 5 feet 9 inches in height, and weighing military service. No appeal was taken, and no effort has been made to 145 pounds. Pulse, 76, 84, 96; respiration, 20, 21, 22, and tempera­ reopen the claim. . ture 98r\,-. This board reports both of soldier's eyes arc badly im­ The soldier st..'ltes that be contracted this rheumatism during his paired as to sight; that there is marked general senile decay of the first service ; was suffering from same when discharged from the man ; nnd that be is wholly unable to do any manual labor. The board service ; and has constantly since suffered therefrom. He furnished does not specifically state or give a rate for any especial disabllity. testimony of several lay witnesses to the effect that when he came They simply describe him as an old worn-out man, and say be is en­ home in 1886 from the first service be was sufiering from rheumatism·, titled to , 72 per month pension. and these witnesses state that when they saw and knew him in 1890, He was again examined by a board of surgeons on March 1, 1911, 1893, 1807, and 1899 he continued to suffer from same. There is a who state that they find no scars or other signs of the alleged injury record of treatment in the service for rheumatism in January and Feb· to the stomach, but do find enlarged liver, sallow skin, enlarged and ruary, 1884. tender spleen, and a small pile, and that the prostate is enlarged. There is both lay and medical testimony showing he has suffered from They find cataract of the left eye and impaired sight of the rigllt eye. rheumatism from about 1900, in addition to the lay testimony before They suggest a rate of $18 per month for disease of the stomach and mentioned. 'l'he soldier explains his inability to fw·nish medical evi­ bowels and twelve-eighteenths for impaired sight. dence showing treatment for rheumatism prior to about 1900 by saying With the bill the petitioner files an affidavit in which he states that the physician who treated him has since died. he is wholly unable to earn a living by labor by reason of disease of The claim was sent to the field for special examination but this the stomach, due to a horse kicking him during his military service, and action resulted in throwing little, if any, light upon its merits1 beyond that be is totally blind now, having lost the sight of both eyes; that be showing the character of soldier and his witnesses are good and the is without means or income of any kind and unable to earn a suppo1·t for facts to which they have testified true, and one witness, a comrade in himself and his wife. the final service, was found who testified the soldier did sufl'er during It is shown by the testimony of several lay witnesses that the soldier this final service from rheumatism, and that be bad no disability of is totally blind and suffers from stomach trouble and owns no property any kind prior to the first service. and hns no income. The Bureau of Pensions rejected this claim bec:1use of the fact that Dr. F. A. Stratton testifies, June 7, 1913, that the soldier is totally after being discharged from the service in 1886 In which the soldier blind in both eyes and suffers from rheumatism and cystitis, both in claims be contracted rheumatism be three times again enlisted and chronic form, and wholly unable to perform any kind of manual labor. served continuously practically from 1886 until 18n7 and never was From the evidence submitted in this case it is believed that the dis­ treated in any of these subsequent services for rheumatism, nor in ability of the soldier was due to the service. In view of that fact the any one of the medical examinations when he enlisted for same was committee respectfully recommend the rate of pension of $12 per month. rheumatism discovered to exist and so noted. H. n. 8452. James H. Martin, Oronton, Mo., served In the Regular When he was examined by a board of surgeons November 28, 1900, Establishment, United States Navy, from October 10, 1902, to October 9, they reported as to !'heumatism as follows: 1906, when honorably discharged at the expiration of his term of enlist· "No objective marks of rheumatism in any muscle, tendon, or joint, ment. He was 24 years of age at enlistment. (I. C. 38958.) and all movements normal. No other disability alleged or found. No The records of the Navy Department show that during his service be signs of gonorrhea or other venereal disease. No ratable disability was treated for appendicitis on two occasions, hernia (rupture), and found." bowel trouble, all in line of duty. When be was examined by another board of surgeons July 18, 1906, On December 7, 1906, he filed a claim for pension based on right the! reported : hernia and rheumatism. This claim was allowed as to hernia at $10 per ' Uheumatism : Crepitation in all joints : pain on motion in all joints : month from date of filing, which is the maximum rate provided by law motion limited one-third in all joints; lumbar muscles involved; no for that disability. That part of the claim based on rheumatism was atrophy of muscles or contraction of tendons; rate, eight-eighteenths. rejected on both the ground of no record, medical or other satisfactory Heart : No murmur ; no hypertrophy ; no dilation; there ls dyspnea; evidence, showing it was contracted in the service, and because there heart irritable; no edema; no cyanosis; no rate." was no disability shown to exist from same since the date of filing. With the bill the petitioner files an affidavit in which he states that There is no evidence to show origin in the service of the alleged rheu­ he is unable to earn a living by manual labor because _of rheumatism matism. and results contracted in the service, and that he bas no property or When examined by a board of surgeons on May 1, 1907, they reported income. that the only evidence they could find of rheumatism was a general ten­ It is shown by lay testimony that the soldier has no property and derness of the muscles and a slight stiffness of some joints, which would suffers so from rheumatism as to be unable to cam a living. not warrant a rate. They did find some slight derangement of the func­ Dr. A. C. Moore testifies that he has treated the soldier for years tions of the heart that could result from rheumatism and rated it at now for typical case of articular rheumatism, and the remedies for six-eighteenths. The only real disability they found was complete right same have caused stomach trouble to result so as to maki it at times inguinal hernia, for which they rated fourteen-eighteenths. almost impossible for him to retain food sufficient to keep him alive: With the bill the petitioner files an affidavit stating he is unable to that the soldier is a man of good habits and character and is unable earn a living by manual labor, and the only property he owns is a small because of articular rheumatism and its results to do any manual labor. house and lot worth about $400 which Is mortgaged for $300, and he is From the evidence submitted your committee is. of the opinion that -..nable to support his wife and children. the disabilities from which the soldier now sutl'ers may be safely Lay witnesses by their testimony sustain the sailor's allegations as to accepted as due to the service, and respectfully recommend the allow­ property he owns, debts he owes, and his inability to perform manual ance of pension at the rate of $12 per month. labor. H. R. 8653. Marian E. Keyes, of 637 East Capitol Street, Washington, A physician testifies the sailor sufiers so severely from right inguinal D . . C., is the widow of Charles H. Keyes, deceased, who served in the hernia and "other physical disnbUities " as to be unable to earn a sup­ ReguLar Establishinent, United States Marine Corps, from .Tune 3. 1885, port by any ordinary occupation. to June 2, 1890; June 10, 1890, to June 9, 1895; June 17, 1897, to 1914. CONGRESSIONAL -RECORD-HOUSE. 4991

June 23, 1900; .August 4, 1900, to .August 3, 1905 ; .August 4, 1906, to plies a s!10rt time before, when a box of guns bad fallen upon him, July 10, 1911, when retired honorably. (W. 0. 088051.) breaking some of his ribs. 'l'be records of the Navy Department show the following treatment: Cary F'. Spence, who was captain of the soldier's company, testifies, " OCtober 10 to 12, 1886, debauch, excessive use of alcoholics ; Apr~l May 17, 1904, that in Porto Rico in the fall of 189S tbe soldier was 30 to May 4, 1888, tonsillitis ; 1\Iay 20 to June 1, 1891, catarrhus ept­ inj?red by lifting a heavy box of guns and was off duty for quite a demicus ; December G to 9, 1892, alcoholism; January 1 to 13, 189l'l, while as a result of the injury, and several months afterwards when chancroids, venereal; June 17 to 20, 1895, alcoholism; December 25, mustered out the soldier complained to affiant that his Iun~s bad 1898, catarrh; January 9, 1899, catarrh; June ~0 to June 24, 1903, become diseased as a result of said injury and were constantly l;leeding. gastric catarrh, due to excessive use of alcohol. He died April 13, 1912, Six comrades have testified, in addition to the sur~eon and captain, from catarrhus epidemicus." that the:: soldier suffered during the service from bleeding of the lungs, All of the foregoing were of line of duty origin except those due to and cL.·umed to them that same was the result of an injury received syphilis and alcoholism. while he .was engaged in unloading supplies and a heavy box of guns The widow tiled a claim for pension June 10, 1912, which was rejected fell on him. Some of these comrades state that the soldier informed August 19, 1912, on the ground that the marine's death from pneumonia them that he preferred to receive treatment in quarters to going to the nearly six years after his retirement can not be accepted as a result hospital. of any disease for which he was treated while in active service, and One comrade alone testifies that the soldier suffered from piles in the claimant is manifestly unable to furnish medical or other evidence the service, and he states that be never saw the piles and only b.ad which would connect his fatal illness with his marine service. the soldier's word for it that be did suffer from same. ' Nothing but the declaration and the transcript from official records There is both lay and medical evidence to show tbat the soldier of the Navy Department were filed in the claim in the Bureau of was wel_l and strong prior to enlistment, but that when he <'arne home Pensions. after discharge he had a broken collar bone and claimed to have With the bill the petitioner files an affidavit stating she possesses broken two left ribs and left side of jawbone, and was spittin"' up no 'property at all and that she has no income. blood, and claimed that his lungs bad been bleeding cvet· since" the Two lay witnesse& sustain the claimant's statements that she has i~jury ~bleb he ~lleged he. haq r eceived ~ben a ,box of guns fell on no property or income. h1m while unloadmg supplies m Porto Rtco. Tne medical evid en~'e Marian L. Kerr testifies that she knew Charles E. Keyes well, and shows the ribs were broken, as well as the collat· bone and jawbone said Keyes often told affiant that be had been married in 1879 or 1880, and that the !ungs are and have been diseased since the soldier's return and that this wife died in childbirth about one year thereafter ; that from the service. afterwards he married one .Josephine Grace, who died to affiant's The soldier never · alleged piles as a disability until 1007 nearly 10 knowledge on September 5, 1905 ; that he afterwards married Marian E. years after discharge. and the medical evidence only shows exist ence Ken·, with whom he lived until his death, and who is now his widow, of piles since about 1907. and who has two minor children, by the soldier, now living. The claim underwent a thorough special examination with tbe E. B. Hesse testifies that the petitioner was never married prior to result that all of the witnesses who bad testified wet·e persons of fair marrying Charles H. Keyes, with whom she lived until his death, and and good reputatfons as to truth, and they substantially sustained the whose widow she now is, and that she has two minor children to sup­ testimony previously given by them in the claim. port. This affiant always understood the said Keyes had two former Not one of the comrades who testified was present and saw the wives, both of whom had died prior to his marriage to the petitioner. accident when the box fell on the soldier, and he was not able to "'ive Record evidence of the death of the second wife, "Josie," on Sep­ the name of one who was tben present, but all of those who testified tember 5, 1905, is furnished. knew' his lungs were bleeding in the s~rvice and they were bleedin"' Record evidence of the marriage of Charles H. Keyes and the peti­ when be was discharged therefrom. "' tioner on July 12,· 1906, is filed. .The special examination resulted in the soldier's failure to produce Record evidence of the death of Charles H. Keyes on .April 13, 1912, witnesses who could testify to the exfstence or piles prior to about is furnished. 1906 or 1907 from personal knowledge. One comrade and one or two J: D. Cummings testifies that he knows thE' wife of the said Charles witnesses here and there can and do state that the soldier saill he H. Keyes died in Sidney, Ohio. (Note : The second wife of the soldier had piles in the service and after discharge, but his wife is the only died in Washington, D. C., and the thil·d wife is living now, so this person who swears they ~xisted and who saw them prior to 1906. must refer to the first wife and is in keeping with other testimony.) The soldier. was exammed by a bo~rd of surgeons June 12, HlOi. Record evidence is filed showing the birth of the following children who report him as 39 years of age, o feet 10 inches in height and of said Keyes : Elsie Miller Keyes, born May 6, 1907 ; Mary Louise weighing 159 pounds. This board states that the soldier's 'l"iO'bt Keyes, born March 12, 1912. collar bone had been broken, but that they could find no evide~ce From the evidence submitted your committee is of the opinion that of any broken ribs of either side, or any disease of the lungs or any the petitioner is the lawful widow of tbe deceased marine, and as such other disease or disability. They further state that they could find Is entitled to a pension of $12 per month, with $2 additional for each no disability of any character which would warrant their suggesting of the two minor children until they become 16 years of age, and so any rate therefor, and they therefore suggested no rating. recommend. He was again e~a~ined by a board of surgeons March 20, 1907, H. R. 9064. Andrew J. Wallace, of Coal Creek, Tenn., served during who found him we1ghmg 165 pounds, 47 years of age, and 5 feet 10 the War with Spain in Company G, Sixth Regiment United States Vol­ inches in height. His tongue was coated and he suffered from alter­ unteer Infantry, from July 2, 1898, to March 15, 1899, when he was nath;lg constipation and diarrhea, and there was one large internal honorably discharged. He was 38 years of age at enlistment. (I. 0. pile. They rated this 6/18. This board did find that not only had 1264931.) the right collar bone been broken, as found by the first board, but The records of the War Department show the soldier was treated also two or the left ribs and the left side of the jawbone had been .August 16, 1898, and October 26, 1898 ; nature of illness not given. fractured, and rated injuries and results at 2/18. '.rhey found the He is also reported as absent from duty from November 30 to December heart and other organs in normal condition and no disabilities exist­ 3, 1808, as sick ; nature of same not given. ing other than piles, constipation, diarrhea, and fmctures as noted. When mustet·ed out he claimed to be suffering from an injury to his There were no indications of vicious habits. The board failed to find breast. The medical officer by whom he was then examined certified anything wrong with the lungs of a serious enough nature to mention, that the soldier was then spitting up blood and claimed same was a other than the soldier alleged they had been injured by the box falling result of an injury received in October, 1898. on him. He filed a claim for pension March 26. 1901, based on an injury to With the bill the petitioner files an affidavit in which he states that the right breast received in service which had fractured the right collar he is in part incapacitated for performance of manual labor by in­ bone and caused hemorrhage of the lungs. This claim was rejected juries to the left side and piles and has no property or income. November 25, 1901, on the ground of no ratable degree of disability Two lay witnesses sustam the soldier's allegations as to owning no since date of filing the claim. · property and being unable to perform manual labor much of the thne. Two comrades testify in affidavits before the committee that the On January 17, 1907, he again filed a claim which was based on soldier's lungs were bleeding in the service, and be claimed same wa·s piles, which he claimed to have contracted from becoming overheated due to being injured by a box of guns falling upon him. in Knoxville, Tenn.. July 15, 1898, and that in Porto Rico in line of .A physician testifies, November 25, 1913, that he has treated the duty unloading a car of supplies. a box of guns fell upon him, breaking soldier at various times since 1901 and for broken right collar bone his right collar bone and two of his left ribs and his left side of jaw­ and injuries to the left side, which soldier claims he received as a bone, from which injuries he had always since suffered from diseased result of a box falling on him in the service in Porto Rico in 1898 ; lungs, which caused hemorrhages. This claim was rejected December that the soldier suffers from repeated and oft-occurring hemorrhages 5, 1908, as to piles, on the ground of no record, medical or other satis­ from the lungs as a result of these injuries, and that he also suffers factot·y evidence, showing origin in service, existence at date of dis­ from severe form of piles and hemorrhoids and is disabled at least charge or for some time thereafter; and as to alleged injury to right half of the time for the performance of any kind of labor. collar bone, left ribs, and left side jawbone, on the ground that there From the evidence submitted in this case it is believed that the dis­ was no disability shown therefrom in a ratable degree since filing the abillties from which the soldier now suffers may be safely accepted claim. as due to the service, and a pension of $12 per month is recommended. On July 26, 1909, he once more filed a claim, based on piles and dis­ H. R. 9201. Pete1· H. Strumsky, 2518 West Baltimore Street, Balti­ ease of the lungs, which he alleges resulted from the injury in service more, Md., served in the Regular Establishment in .Company .A, First that had broken his t•ight collar bone, two left ribs, and left jawbone. United States Cavalry, from October 10, 1899, to March 2!>, 1900, This claim was rejected Augus: 17, 1909, on the ground of no record when h·ansfet-red to Hospital Corps. United States Army, from which or satisfactory evidence of medical treatment or other satisfactory he was discharged October 25, 1902. He: was 21 years of age at evidence showing origin or existence in service, or at date of discharge, enlistment. (I. 0. 1335819.) nnd the evident inability of the claimant to furnish such evidence. The records of the War Department show the following treatment: No appeal was taken, but there have been several attempts made to "November 2 to 26, 1900, malarial fever; November 16, 1900, gas­ have the claim reopened, all of which were declined by the Bureau of tl"itis, due to lead poisoning prior to enlistment, not in line of duty. Pensions on the grotmd that the evidence offered failed to warrant No additional record found." such action. In several efforts which have been made by the soldier to have the The soldier, in several sworn statements, alleges that in the fall of claim reopened, all of which have been denied by the bureau, testimony 1898, in Porto Rico, while in line of duty unloading supplies from of many witnesses has been filed by him. It is all of a similar chat·acter cars, a heavy box of guns fell on him and broke his right collar bone, to that filed herein, and only cumulative. two left ribs, and left side of jawbone, and as a result his lungs were Peter H. Strumsky, a private in the Hospital Corps, United States injured 1Jy this accident, and soon afterwards began bleeding and .Army, from October 10, 1899, to October 22, 1902, filed a claim for have continued ever since to bleed and are diseased; be also swears pension undei· the general law November 1, 1906, alleging that while that he contracted piles in the service in July, 1898, at Knoxville, at Santa Mesa, P. I.. In November, 1900, he contracted chronic diarrhea Tenn., and has suffered ever since therefrom. and constipation, affecting rectum. He asked a reconsideration of his On December 9, 1907, the soldier visited Dr. Z. D. Massy, who was original application for pension on account of rheumatism, disease of the surgeon of his command, and who recognized him at once and heart and stomach, which he claims to have contracted in .July, .August, made an affidavit in which the doctor testifies that in Porto Rico, in and September, 1!>02. the fall of 1898, he treated the soldier for hemorrhage of the lungs, On .Apt•il 19, 1909, that part of the claim based on disease of heart and the soldier then informed affiant that hemorrhage of the lungs was rejected on the gt·ound of no record and claimant's inability to was the result of an accident he had received while unloading sup- furnish satisfactory evidence of origin in service or existence at dis- 4992 CONGRESSIONAL RECORD-HOUSE. MARCH '17 '· charge, and diarrhea, constipation, and disease of rectum on the ground on .return fr£>m Manila to Sa.n Francisco, aboard transport Sl,erman of no record, no medical or other satisfactory evidence of origiil. in serv­ about September, 1902, he treated claimant tor rheumatism and heart ice or at discharge, and claimant's inability to furnish same, and on the complications. · further medical ground that a ratable degree of disability had not been Dr. Wilfred :M. Barton testified, December 15 1908 that in 1903 shown since filing of claim. he t~eated claimant for heal!t trouble, diarrhea, ' and dysentery ; that May 15, 1909, rheumatism was rejected on the ground of no medical he d1d not have v.alvular diSeas.e of the heart, "but tbe pulse was or other satisfactory evidence of treatment or existence of said disabil­ weak, rapid, and uregular"; that he treated him in October and ity since discharge prior to October, 1905, and claimant's inability to November, 1905, July and August and October and November 1906 obtain such evidence. January, 1907, and March, 1908, for rheumatism, which deponent In an appeal filed June 1, 1909, it is contended that the action of attributes to diarrhea; that soldier had trouble with his bowels, and the bureau is contrary to tbe evidence. there were remnants of qyse~tery during 1907 and 1908. Deponent Dr. H. C. Moses says, in affidavit filed July 30, 1907, that while on also says he treated sola1er m 1903 and 1904 for hemorrhoids and the way from Manila, P. I., to San Francisco Cal., in September, 1902, that he Is not sure whether he treated claimant for heart trouble he treated claimant for rheumatism, with probable heart complications, after 1904. and that rheumatism was incurred in line of duty. Dr. Moses was Fred J. JFoch testified, December 14, 1908, that soldier complained acting assistant surgeon on board transport Sherman. of rheumatism, diarrhea, or dysentery when he returned from the Comrade J. F. Sprinkle says in affidavit filed May 18, 1907, that he Army, and that he walked with a cane. . has been with claimant almost daily since November, 1902, and that A. Engle says in deposition of December 14, 1908, that he first met he has suffered from rheumatism heart trouble, and diarrhea. cl:tima.J?.t in 1903 or 1904, at which tlme he complained of sutrering Affidavit of William J. :Uarshah, filed May 18, 1907, is to the same With his back and stomach and also rheumatism. effect as that of affiant Sprinkle, except be says be first heard soldier Fred W. Schulz says in deposition of December 15 1908 that he complain of the alleged disabilities in August, 1903. knew cl~imant from boyhood to the time he enlisted ; that he' met him Dr. Wilfred M. Barton says, in affidavit filed February 6, 1907, that about s1x months after he returned from the Army and that up to he has treated claimant at intervals during the last three ~ears for about a year ago he had seen soldier quite often. Deponent also snys chronic gastritis, constipation, and diarrhea. soldier's health was good when he enlisted; that when be met him after Dr. Charles C. McDowell states in affidavit filed March 11 1907, that discharge " his stomach was all out of gear" and he complained of he prescribed for claimant Novem~ 4, 1!l03, for .constipation and stomach trouble, rheumatism, and diarrhea. 1ndigestion. Andrew .Roden testified, l\farch 13, 1909, be first met claimant durlng Soldier· was examined by a board January 31, 1907, which reported the summer o:f 1901 at San Francisco; that deponent was in the general as follows: hospital and met claimant on the ~rounds; that there were several "Age, 27 years; height, 5 feet 11 inches; weight, 156 pounds; pulse hospitals, and he does not know which one claimant was in • that he rate, 85, 95, 120 ; respiration, 18, 20, 24 ; and temperature no1·maL did not know what \\as the matter with claimant, but that he limped " Tongue slightly coated and indented. Teeth sufficient. Liver ex­ which indicated he had rheumatism ; that when he next met soldier in tends from sixth rib to costal margin and not tender. Stomach normal 1905, he still limped and " complained of one leg" and of t·heumatlsm in size and otherwise. Spleen extends from ninth to eleventh rib ; not also of stomach trou.ble and chlils and fever. ' tender or palpable. General abdominal tenderne s, with great tender­ John J. Carlin testified, March 15, 1909, that he fir t met claimant ness over descending colon and sigmoid ; some tympany; no piles, fis­ in 1899 i? the Philippine Islands at Santa Mesa Hospital; that claim­ sm·es, or fistula. No diarrhea at p1·esent. ant was m the surgical and fever ward; and that while deponent does "Heart: Beats seen, felt, and beard, fifth space, nipple line. Three not remember what was the matter with him, cases of dysentery and systolic murmurs beard at apex and transmitted to left. Another typhoid malaria were sent to one section of said ward, and " his ail­ heard at second right interspace; third heard junction of fourth rib on ment must have been for some stomach or bowel trouble or some mala­ both sides with tbe sterum, marked epigastric pulsation ; increase of rial fever condition." ,cardiac over right and systolic venous pulsation in the jugulars; action Comrade William T. Baker testified, March 15, 1909, that soldier t'egular but heaving. There is cyanosis of chest and hands. No edema suffered from rheumatism and stomach trouble while-in the service and or dyspnea. that he was ln the hospital because of stomach troubl~. ' "Rheumatism: Slight sii!Iness in shoulders and stiffness and crepitus Dr. Frank Huwatcheck testified, March 27, 1909, that he was a mem­ in knees and ankles. No atrophy, contraction, or limitation of motion. ber of the Hospital Corps from 1899 to 1902, and that claimant was "Urine: 1016, clear, ac:ld, amber. No albumin or sugar." sick in the hospital at Santa :Mesa, P. I., in 1901, with malarial fever A special examination was held, at which claimant and others testi­ and complained of stomach trouble. fied. Claimant's testimony of May 25, 1908, and August 5 and 28, 1908, The records of the War Department do not show that claimnnt was is a reiteration of tbe n.llegations contained in his declarations. He ex­ treated for rheumatism while in tbe service, or that he was suffering plained, however, that by stomach trouble he meant dysentery. therefrom at discharge. Alleged diarrhea, constipation, and disease of In supplemental deposition dated March 15, 1909, claimant says he rectum have not been shown to exist in a ratable degree of disability received treatment at Santa Mesa HospitalJ . P. I., for malarial fever since claim was filed. Claimant is only 10 pounds under standard and dy entery or diarrhea, and that while nis heart was weak during weight. the latter part of his service in the Phllippine Islands, it was while on Although Dr. H. C. Moses testified that claim.ant was treated in the transport Sherma"' " that the rheumatism actually developed with September, 1902, on transport Sherman for rheumatism and heart com­ heart complications." plications, there is no record showing treatment :for either while m the William J. Marshall testified August 10, 1908, that he first heard service or since dlscharg~ until 1903, for heart trouble, and October soldier complain of rheumatism, stomach trouble, and diarrhea in 1905, for rheumatism. ' March, 1904, and of heart trouble in August, 1904. With the bill petitioner files an affidavit stating he Is wholly inca­ Louis Strumsky, father of soldier, testified August 11, 1908, that pacitated for performance of manual labor and possesses no property o:f when he returned from the Army his health was bad and he was suf­ any kind and has no income. fering from chills and fever and stomach trouble, and tha.t since his The allegations of the soldier are fully sustained by the testimony of retum he has su.ffered !rom said causes, and that be h:ld diarrhea when many lay witnesses. he came home after discharge. Also, that he first knew of soldier Dr. F. K. Nichols testifies. February 3, 1914. that upon examination using liniments for rheumatism about three or four years ago. of the soldier that day be fi.nds him to be suffering from severe form Tbe evidence of William L. Strumsky, a brother of claimant, taken of disease of heart, and the action and functions of the heart a.re de­ August 11, 1908. is to the same effect as that of Louis Strumsky, ex­ ranged materially, and, further, that he snffers from arthrltls, which cept he says soldier had rheumatism when he returned from the Army; has seriously rurected the left knee. that about a yea1· ago soldier " took Swamproot for his kidneys " and Sev~ral other doctors have testified that the soldier sufl'ers from thn.t he complained of piles several years ago. Both these deponents rheumatism and a resulting disease of the heart and is wholly unable say claimant was healthy when he enlisted. to perform manual labor. Mary Strumsky, mother of claimant, testified August 7, 1908, that From the evidence subr11itted your committee believe thnt disabilities he was healthy when be enli.sted and that when he returned be was from which the soldier now suffers were incurred in service and line of pale and did not look well, but that she did Mt know what was the duty and recommend the allowance of p~nsion at the rate of $12 per matter with him, as he did not tell her. month. • On March 13. 1908, Howard W. Rowe testified that he has been H. R. 9973. Samuel P. Shupe, R. F. D. No. 2, Hagan, Va., served dur­ acquainted with soldier p.ractically all his life; that when he re­ ing the War with Spain in Company I, Sixth Regiment Unlted States turned from the Army he complained o:f chills and fever and rheu­ Volunteer Infantry, from July 10, 1898, to March ~5, 1899, when honor­ matism, and that his health was good when he entered the service. ably discharged. He was 21 years of age at enlistment. (I. 0. Deponent adds that be has not heard soldier complain af chills or 1279307.) fever since the expiration of about one year after discharge. The records of the War Department fall to show he was ever reported H. C. Conrad testified, August 18, 1908, that when cla.bnant returned as being sick or received any medical treatment for any cause. When from the Army he complained of rheumatism and stomach trouble; discharged he claimed to be suffering from no disability. The medical tha-t he has seen soldier once or twice each week since discharge, and officer by whom be was examined certified that an enlarged left testicle that he has complained of rheumatism and stomach trouble all that was all the disability found to· then exist. · . period, but that be did not hear bim complain of heart trouble for a On January 9, 1902, he fired a claim for pension based on rupture year or so after be returned from the Army. from fall in tbe service. He also alleged that a very slight varicocele, Edward H. Koch testified, August 6, 1908, that he knew of no ail­ which had existed prior to enlistment, had been made a great deal worse ment with which claimant was suffering until several months prior by service. This claim was rejected May 28, 1903, £>n the ground the to the date of his testimony, when soldier told deponent "his stomach rupture or varicocele existed prior to enlistment, as shown by the state­ bothered him." ments of the soldier. On August 14, 1908, Louis Bayer testified that so far as he knew He again filed a claim April 10, 19~? based on rupture, diabetes, dis­ claimant had never suffered from any of the alleged disabilities. ease of the stomach, nnd general debwty.1 This claim was rejected as Stephen C. Hess testified1 August 27, 1908, to filling two prescrip­ to diabetes and disease of stomach on the ground of no disability in a tions for a man representing himself to be the claimant. The in­ ratable degree since date of filing the claim. Former rejection as to . gredients of one indicate it was for indigeirtion, and the other seems rupture was adhered to. The claim was reopened by order of the Com­ to have been for nervous trouble. missioner of Pensions September 25, 1912, as to diabetes and disease Dr. C. C. McDowell says in deposition of A'Wust 6, 1908, that he of the stomach, for the purpose of a test medical examination. The treated soldier November 4 and 7, 1903, for • indigestion, constipa­ claim was again rejected after this test examination, because there was tion, etc.," and that he does not remembel' of having treated him for no ratable degree of disability shown from diabetes and disease o! any other trouble. stomach, the former rejection as to rupture being still adbe1·ed to, and Dr·. W. L. Nicholls testified, August 25, Hl08, ·that he had known not reopened. No appeal was taken. soldier about one year, and that he treated him twice for stomach The claimant alleges that be did contract diabetes and disease of the trouble, nervous indigestion, or nervous dyspepsia. He also testified stomach while in the service and still suffers from same. He furthel' that soldier had a weak and irregular heart from anernla. alleges that he incurred rupture in the service, and maintains that he • Dr. John G. HoUyday testified, -August 22, 1.908, that he treated neve.r stated, or at least never intended to state, that rupture existec1 prior to enlistment; that what he stated in regard to same was that it ~~~r~h:hr~~fieetl~~ o~ewbitth~d ~;~t:ne~e w~~lo'r. but that he had it existed prior to his enlistment it was so slight as to be unknown to Dr. H. C. Moses testified, September 14. 1908, that be was acting him, for be never knew it; and be believes the rupture was incurred in assi taut surge.on, United StAtes Army, from 1898 to 1903, and . that servi~ and line of duty as a result of the fall. 1914. - CONGR.ESSION~~L RECORD-HOUSE. 4993

Comrade G. R. Hylen iestHi.es, May 1, 1912, that in Porto Rico the tive organs (gastritis) . No disease of rectum or any other disability, soldier was sick and suffering for at least two months with diabetes and no vicious habit. and stomach trouble: that the corporal wished the soldier to go to a 'l'he next board, J uly 15, 1!>08, found substantially the same physi­ hospital, but he would not do so; that affiant knows it was disease of cal condition and rated six-eighteenths for gastritis and nothing for stomach, because he could not eat and retain food, and he was in this anything else. condition at discharge. The board that examined him October 1, 1909, found the only disa­ M. G. Ely and William II. Kinser testify, November 29, 1907, that bilities existing were those due to gastritis and Intestinal catarrh, they knew the soldier before enlistment, and he was then well and and rated ten-eighteenths for those two together and treated them as strong and free from disease, but when he came home from the serv­ one and the same. The Bureau of Pensions refused to regard t hem ice he appeared to be sickly and complained of rupture and something as one and the same. wrong with his "waterworks," and he has never been stout and strong The last board to examine the soldier, September 25, 1912, found since service, and ts not able to do much work. enlarged liver and spleen, with .tenderness of same and stomach, but Dr. W. L. Spencer testifies, December 21, 1907, that he treated the otherwise the digestive organs were in normal condition; rate eight­ soldier in July and August, 1903, for varicocele; that he knows the eighteenths. They found no other disability existing and specifically soldier was well and strong prior to service, but since service has refused to. rate for anything except gastritis. given indication of one suffering from nervous trouble and he has been With the bill the petitioner files an affidavit in which he states that unable to do very much manual labor; that affiant advised an opera­ by reason of gastritis of the stomach he is wholly unable to pel'form tion for varicocele, but the soldier refused to have one. any manual labor and owns no property except about $500 worth of The soldier was examined by a board of surgeons September 3, 1902. household goods, and no income other than the $6 per months pen ion. who reported him as 24 years of age, 5 feet 6 inches in height, and The testimony of lay witnesses and statement of the Membei' who weighin~ 130 pounds. General appearance, fairly good ; rupture or introduced the bill sustain the soldier's allegations as to property, and varicocele present on left side; tumor 2 inches in c.liameter; wears no the Member further states that he is informed the soldier is now con­ truss. Rate, ten-eighteenths. Diabetes as shown by urine. Rate, eight­ fined to bed in hospital. E-ighteenths. No other disease or disability. Dr. Charles H. Waters testifies, December 15, 1913, that the soldier Another board, who examined him June 5, 1907, found physical con­ is. und~r his professional car·e and treatment for· chronic gastt·itis. dition about the same and suggested six-eighteenths for rupture and thickemng of the walls of the stomach, and such obstruction of bowels four-eighteenths for disease of the stomach. that an operation seems advisable, and affiant believes there can b~ 'The last board to examine him, September 4, 1912. stated that they no doubt the present condition is due to disease contracted in his could find no disability existing except a small varicocele, for which military service. they rated two-eighteenths. Ft·om the evidence submitted your committee believe that an incl'ea~e With the bill the petitioner states in an affidavit that he is in part from $6 to $17 per moo th is fully warranted in this case, and so unable to earn a living by manual labor because of liver and stomach recommended. disease and diabetes, rupture, and varicocele, and that he possesses no H. R. 10173. George B. Weesner, of Emperia, Kans., served durin~ property and no income. the War with Spain in Company D, Thirtv-second Regiment United Dr. .J. S. Ewing testifies that the soldier suffers from an enlarged States Volunteer Infantry, from August 5, 1899, to May 8, 1001, when liver· and indigestion. he was honorably discharged. He was 18 years of age at enlistment. . The soldier, in an additional affidavit, states that he suffers con­ (I. 0. 140706!>.) stantly from some chronic form of stomach disorder, which doctors The records of the War Department show the followin;?: treatmPnt: have treated him for since discharge, but without giving him relief, "August 29 and 30, J 89!), diarrhea; October 9 to 14, 1899, diarrhea ; and that he also suffers from rupture which he contracted in the December 17 and 18, 1899, lumbago ; December 18 to 30, 1899: ~a ·tro­ service. enteritis and malarial fever; December 30, 1899. to January n. HJOO. The Member who intt·oduced the pending bUl has written two letters malarial ca~hexia; January 10 and 11, 1900. diarrhea; January 20 to t'o the committee. In one he states that he has known the soldier for 31, 1900, dJ:~rrhea; July o to 8, 1900. diarrhea; August 7 to !!, 1900, years and knows he has no pr·operty or income. In the other he states diarrhea. No additional record found." that the soldier· is a man of good character, who would make no state­ When discharged he claimed to be suffering fr·om no disability, ment which was not true; that the soldier had good health prior to his and the medical officer who then examined him certified no dis:lbility service and evet· since his discharge has been in poor hea-lth, and the or disease existed. · boards of surgeons who ha>e examined the soldier have so found in He filed a claim for pension November 19, 1912. based on mnla\"la.I connection with his claim for pension. poisoning and diarrhea, and alleged that tubercular disease of the From the evidence submitted to your committee in this claim it is spine had resulted from the~e diseases, and all were due to h!s believed that it is safe to accept the disability from which the soldier service. This claim was rejected on March 12, 1!>13, as to malarial now suffers as due to service, and a pension of $12 per month is there­ poisoning and diarrhea on the ground of no ratable degree of dis­ fore recommended. ability from the same since date of filing the claim; and as to affec­ H. R. 10169. Edward F. Smith, of Washington, D. C., served during tion of the spine, on the ~round that the same is not due to sel'Vice the War with Spain in Company II, Third Regiment' United States origin, as shown by the claimant's own statements that it first ap­ Artillery, from March 12, 1900, to January 25; 1901 when transferred peared in 1012. No appeal was taken. to Company C, which afterwa1·ds became the Fiftn1 Battery, United Dr. William Muffet testifies he treated the soldier during July, States Field Artillery, from which he was honorably discharged March August. and September·. 1901. for malaria and diarrhea. 11, 1903, at the expiration of his term of enlistment. Prior to this Dr. J . F . Osborn testifies he treated the soldier· in the years 1!>02 the soldier had served from February 14, 1892, in Companies B and F, and 1903 for malaria and diarrhea. Fifth Hegiment United States Artillery, to February 3, 1897, and from Dr. G. W. Smith testifies he treated the soldier in the year 1!104 for March 11, 18!>7, to March 10, 1900, In Companies A and L. Ninth chronic form of malaria. with enlarged spleen and livet· and other· Regiment United States Infantr·y. lle also served from June 11, 1903, symptoms and results of that disease. to October 20, 1904, in Company K, Ninth Regiment United States Dr. F . A. Endall testifies he treated the soldier durin~ the years Infantry, nnd was honorably discharged under the provisions of sec­ 1905, 1!>06; 1907, 1908, 1909. 1910. and 1911 for chronic malaria, and tion 4 of the act of June 16, 1890. (I. Ctf. 1148609.) that during this t ime the soldier began to sut'fer severe pain in hL~ 'l'he records of the War Department show that during his several back, which finally resulted in tubercular trouble of the spine. and he services the soldier suffered from several attacks of malarial fever, now suffers from this, and from all of the said diseases be is wholly two of which were severe and resulted in anemia; that he repeatedly di10abled, as far as any manual labor is concerned. was treated for diarrhea< bronchitis, and gastritis, rheumatism, dys­ Dr. J. P. Kaster testifies that the records of the ho~pital of which pepsia, some bruises, ana slight injuries. He was a victim of con­ he is surgeon show the soldier came there in August, 1912. complain­ stantly recurrin~ boils and stomach disease. All were incurred in line ing of great pain in the back and side. and upon examination it was of duty. 'l'he only sickness he suffered fi·om during the whole time which found that he was suffering from curvature of the spine, produced by was not due to line of duty was an acute attack of gonorrhea in 18!>2, tuberculosis, and affiant is not able to state the cause or origin of for which he was treated several days. same, but that it wholly disabled h~ for all manual labor. He first filed a claim for pension l\lay 2, 1905, based on malarial The soldier was examined January 15, 1913. by a board of sur­ poisoning, rheumatism, gastritis, indigestion, cramps, and bloating, geons, who report bin• as 31 years of age, 5 feet 1J. inches in hei.e;ht, which was rejected on March 16, 1907, on the ground of no disabilitv weight 175 pounds. They found chronic form of malarial poi<;oning in a ratable degree therefrom. The claim was reopened and allowed with its usual results, enlarg-ed spleen and liver-rate six-eighteenths. July 30, 1908, from date of filing at $6 per month fol' gastritis. The They found history of a chronic form of diarrhea which had re­ rejection of other disabilities was adhered to. sulted in chronic constipation, with intlamed rectum and piles-rate A claim for increase filed May 10, 1!)09, was rejected October 19, six-eighteenths. 'l'hey found a pretty severe curvature of the pint>. 190!>, on the ground that no increase in disability was shown to exist. due to tuberculosis of tile spine, and rated this disabilitv alone at He again filed a claim for increase August 13, 1912, and also claimed $24. .All other vital organs were normal. No vicious habits. They for disease of the stomach and intestines, as results of gastritis. This state in conclusion : cla im was rejected on October 23, 1912, on the ground of no increase " This claimant is so disabled from malarial poisoning, rectum dis­ in disability from gastritis. for which pensioned, and that disease of ease, result of chronic diarrhea, and curvature of spine as to be in­ the stomach was covered by the rate for gastritis. As to disease of the capacitated for the performance of any manual labor, and is entitled intestfues, that was held not to be a result of gash·itis, and not other­ to $30 per month." wise shown to be due to service origin. An effort to have the claim With tte bill the petitioner files an affidavit in which he statt>s that reopened was denied November 16, 1012. by reason of malarial poisonin~ .. diarrhea, and its result~, and <;urvature 'l'be record in the Wnr DE-partment is sufficient to show any disa­ of the spine, all of whrch be believes arc due to his seL'Yice. he IS whr.lly bility the soldier may have suffered from since discharge from malal'ial unable to earn a living by any kind of manual labor for himself. wife, poi oning, rheumatism, diarrhea, disease of the stomach, and gastritis and tllrec . small children, and that lie possesses no property and is in could safely be accepted ns having been due to the service. debt and has to ask help of bis relatives. Dt·. Joseph S. Wall testifies, August 10. 1907, that during the pre­ The testimony of several witnesses sustains the petitioner's allega­ >ious two years the soldier had been under affiant's professional care tions ns to owning no property, having to ask help of relatives, and for chronic gastritis and malaria, the malaria being of a severe and being unable to earn a living. stubl>orn form, and that during these two years the soldier has been The physical condition of the soldier is clearly shown by the report incapacitated for the performance of any manual labor. This doctor of the board of surgeons of the Bureau of Pensions and medical testi­ in 1909, again certifies to about the same physical condition of the mony on file in l.tis claim, which has hereinbefore been referred to. soldier from same disabilities. From the evidence submitted in this case it is believed that a pension Dr. Louis Koliplnski testifies. November 5, 1!>12, that from May of $30 per month is fully warranted, and it is so recommended. 1912, to date, the soldier has been under his professional care. and II. R. 101!l3. William H. Franks, of Lnurence, S. C., Rerved in the durirtg that time suffel·ed from repeated attacks of dial'l'hea, flatuience Regular Establishment. ~l'rooo F, First Regiment United States Cav­ tenderness of the stomach and bowels, vomiting, and inability at times alry, from September 18, :i855, to September 18, 1860, when honorably to evacuate the bowels, and is now confined to bed and unable to pel·­ discharg-ed at the expiration of his term of enlistment. Be was 18 form any kind of manual iabor. years of age when he enlisted. (I. 0. 6343.) The soldier· has been examined by fou:.- boards of surgeons. The It does not appear from the records of the War Department that the first, July 10, 1905, reported aged 38, height 6 feet, weight 172 pounds. soldier was ever reported sick or received medieal treatment for· any '.fhey found no evidence of any rheumatism ; no rate. No evidence cause during his service. of malm·ia or malarial poisoning; no rate. 'l'hey found liver and spleen The first and only claim filed by the soldier in the Bureau of Pen­ enlarged and tender, and rated eight-eighteenths for disease of diges- sions was filed August 27, 1902, under the acts of July 27, 1892, and .4994 CONGRESSIONAL RECORD-HOUSE. l\1ARCH 17,

J"une 27, 1902, which relate to Indian wars. This claim was rejected opening. The wound discharges pus. No other disabllity found. 'l'his March 18. 1903, on the ground the soldier rendered no ser'"\l"ice in any not caused by venereal disease." of the Indian wars covered by the provisions of said law-s. When discharged from the ftnal service the soldier claimed to be The records of the War Department do show that the organization of suffering from no disability, and none was found to exist by the which soldier was a member did serve from May to September, 1860, in oiflcers by whom be was examined. · campaigns against the Indians ln I'ransas and Indian Territory. Such July 27, 1904, be filed a claim for pension based on lnjut•y to the service is not, howevel.", coveTed by the Indian wars pension acts ci~ed. right 1:)1'oln. resulting in an abscess, caused by a horse falling on him The soldiel' is manifestly unaL.~e to establish a claim for pension while m drtll, and nasal catarrh contracted in the Philippines. This under the general laws, and consideration of the pending bill is re­ claim was rejected February 3, HlOG, as to abscess of groin on the quested under the committee rule relating to such cases. ground of inability of claimant to how continuance from date of With the bill •the petitioner files an affidavit stating he is eighty-odd discharg-e from the first service and through pertod of second service years of age, very f<>eble. wholly unuble to perform any manual .labor, and since.; and as to catarrh on ground of no record ot· medical and believes his disnbillties. particularly piles, a.re the result of brs five evidence showing existence in service, at date of dtscbarge, and since. years' service in the United States Cavalry. IIe further states that he Both disabilities were also rejected on the further ground of no dis­ has no pr'.>perty or income. ability therefrom since date of filing the claim. No appeal was taken Several witnesses testify the soldier is very old and very feeble, and and no e1Tort was made to reopen the claim. is wholly unable to perform any kind of labor, and that he possesses Byron L. Baro-ar, who was captain of the soldier's company-D, no property or income. First Regiment Ohio Volttntecr Cavalry-testifies .July 24, 1904, that The Member who introduced this bill (Mr. .T. T. Johnson) writes the at Cmnp Thomas, Ga., the soldier wa. !rune and appeatred to have committee that be personally knows the soldier is so old and feeble as been in some way injul"ed about the hips. Amant did not see the to be unable to perform any labor, and is a great suft'erer and can not accident when he was hurt. possibly live but n short while, and posse-sses no prop ty or income. Comrade Fremont Kipp testifies, July 28 1!)04, that the soldier's Mr.• Tolm son invites attention to a letter of February 16, 11>14, from a horse fell on htm in drill at Camp Thomas, Ga., in .Tunc, 1 08, and he Mr. R. C. Grat, stating the soldier is fast growing more and more feeble was for some time on sick list as a result thereof. and suffers so from piles that much of the time be can not sit down W. G. White, who was captain of Company B, Fourth Regiment Ohio and is liable to die now at any time. Volunteer Infantry, testifies, .July 28, 1904, that he knew the soldier From the evidence submitted in this case it is believed that a pension before his enlistment \n Company D, First Re~ment Ohio Volunteer of $12 per month is fully warranted, and it is so recommended. Cavalry; that affiant recalls the fact tl:J.at the soldier, during the service H. R. 10357. John Hodges of Pascola, Mo., sen·ed in the Regular in Georgia, cnme to see him and was then lame and used a cane, and Establishment in Company B, First Regiment United States Infantry, said he was excused from duty because of tbls disability. from FebTuary 6, 1867, to February 6, 1870, when honorably discharged John E. Stick, who was a comrade of the soldier in the last service, at the expiration of his term of enlistment. (I. 0. 731425.) In band, Thirty-first Regiment United States Volunteer Infantry, testi­ The records of thE.' War Department show that during his service the fies, October 28, 1904, that the soldier during this final service suffered soldier sufl'ered from an attaclt of yellow fever and another attack from catarrh, as shown by snifiling and repeated beadac.be, and trouble intermittent fever, and also diarrhea. wtth his ears, complaining of sensation of thumping in same. September 30, 1889, the soldier filed a claim for pension based on Mark M. Young, who was· also a comrade in the sDldier's final service. yellow fever rheumatism, and disease of the lungs. '.rhis claim was testifies, October 24, 1904, that the soldier durtng thi"s service sut!ered rejected Jun'e 12, 1900, on the ground of no ratable disability from 'from catarrh, which was shown by his red nose and sniffiing and bad alleged diseases since date of filing. breath. He again filed a claim August 3, 1912, based on the srune dlsnbi1ities, He was examined by a board of surgeons October 26, 1904, will> re­ and al o bronchitis, as an additional disabillty. This claim was rejected por,ted him as 40 years of age, 5 feet 9 inches in height, and weighing as to rheumatism and bronchitis and disease of the lungs on l\Iay 28, 180 pounds. The board states as follows : • 1913 on the ground of no record, medical or other satisfactory evi­ " In right gr'oin are two small scars, one about 1 inch above and the dence showing origin of said disabilities in the service at discharge, ()r other three-quarters of an inch below Ponpart's lig-ament, each being for about nine years thereafter, and the inability of the claimant to about one-half inch in diameter, considerably depre. sed, slightly ad­ furnish competent evidence to connect any disability from which he herent but slightly dragging. No evidence that spermatic cords or now suffers with his military service, either as a result of yellow fever otheT important structures in groin we-re injured. No special tender­ or otherwise. No appeal was taken. ness of cords or testicles. Testicles normal in size. No limitation in Three comrades testify the soldier suffered frotn yellow fever during maring normal. But slight dis­ tism and has since continually sliffered therefrom. ability from catarrh of nose and pharynx; rate two-eighteenths." Elizabeth Greenwell and Maria Hodges testify the soldier suffered from time of his discharge until 1891, when they ceased to see him, 'l'he board found all other vital organ in normal shape exeept the with rheumatism, and much af the time he was rendered almost help­ heart, which was somewhat dull, a little weak, and initable. They less thereby. rated this fonr-eigbteenth1:!. No vicious habits, past or present. Carroll Allen t estifies that he knows the soldier sufl'ered from 1871 Wltb the bill the petitioner files an a.ffidavit stating that by reason to 1884 from rheumatism and disease of the lungs. of piles, fistula., aud disease of the rectum he is partially disabled fo r Dr. W. C. Moxey testifies he treated the soldier in 1879 and 1880 the performance of any manual labor, and that he has no property and for rheumatism and pneumonia. no income. Dr. E. J. Ganse testifies he treated the soldier from 1884 to 1887 J"ohn B. Stick, wb() was a comrade in service with the soldier, testi­ for rheumatism and disease of the lungs. fies that the soldier suffers from bowei u.nd rectum diseases to such an Dr. .T. L . Curd testifies to treatment in 1891 for rheumatism and extent as to often confine htm to his home, and that in the service he chronic bronchitis. complained of stomach disease. Dr. A. F. Bogg testifies to tteating the soldier in 1903 and after­ There is lay testimony showing the soldier has no property and wards for rheumatil!m and disease of the heart and lungs. He also suffers from disease of the stomach and rectum. Two physicians tes-tify that the soldier is now and bas been for se-v­ lat:r)~.. t~~tT~s~e1f~nt~t11~; ~t~{ ;~~~t.he examin-ed the soldier in 1D07 eral years suffering so severely from disease of the stomach, bowels, he found him sutl'ering .from articular and museular rheumatism and and rectum, with piles, hemorrhoid , and fistula, as to be tnuch of the disease of the heart and lungs. time unable to do any kind of manual labor. When th~ saldi-er was examined by a board of surgeons .January 15, From the evidence submitted your committee believe that the disa­ 1890, the only disease or disability that they could find from which he bilities from which the soldier now sulfers .were incurred in service and then suffered was disease of the lungs, for which they rated four­ line of duty, and recom.Iilend the allowance of pension at the rate of $12 eighteenths. pHmoofu. . lie was again examined, and for the last time, by a board of surgeons H. R. 11057. Addison B. Burroughs, of Hackensack, N . .T., served dur­ No.-ember 1, 1899, who report him as 53 years of age, 5 feet 5 inches ing the War with Spain in Company G, Second Regiment New Jersey in height, and weighing 13-6 pounds. This board states that the sol­ Volunteer ·Infantry, from May 2, 1&:18, to .Tune 20, 1898, when trans­ dier appears to be in good physical condition ; they could find no evi­ ferred to the Second Battalion, Second Regiment New Jersey Volunteer dence of rheuma.tism. disease of the heart or lungs, or any other Infantty, from which he was honorably discharged November 17, 1898. disease or disability. and state that he is not entitled to any rate of He was 21 years of age at enlistment. (1. 0., 13!'52041.) pension. The recoi·ds of the War Department fail to bow be was ever re­ With the bill the petitioner fil-es an affidavit stating he is 67 years ported as sick or ever received medical treatment while in the ser.-ice. of age and wholly unable to do any kind of work because of rheu­ When discharged be claimed be was suffering from malaria. 'l'be matism and bronchial or ltmg disease, and possesses no property other medical officer by whom be was then examined certified no evidence of than $50 worth of personal property. any disabiiity could be found to then exist. . . . llis statements are sustained by testimony of lay witnesses. He filed a claim September 5, 190G. based on malana Which he clarmcd A physician testifies, February 14, 1914, that the soldier suffers he bad contracted in August, 1898, in the service. This claim was re­ from articular rheumatism and bronchlal and lung disease to such an jected November 14, 1913, on the ground of no ratable degree of disa­ extent as to be unable to perform any manual labor and is very poor bility shown to exist since date or filing from malaria. No appeal was financially. taken. !<'rom the evidence submitted your committee believe that the dis­ Aside from the statement of the soldier that he bad contracted ma­ abilities from which the soldier now suffers may be safely accepted laria in the ~;~ervice, no evidence was filed. as due to service, and r ecommend the allowance of pension at the rate He was examined by a board of surgeons July 2, 1913, who reported of '12 per month. him as 3G years of age, 5 feet 10 inches in height, and weighing 137 H. R. 10952. Otho E. Gepler, of Albany, ·Ind. served during the War pounds. The board found t.he ~eart, bowels, n.nd stomn_cb no~mal, ex­ with Spain in Company D, First Regiment Ohio Volunteer Cavalry, cept some evidence of constipatiOn. They found the skm a llttle pale from April 29, 18G8, to October 23, 1808, when honorably discharged. and spleen enlarged, and he was then having chills and fever. 'fbey He afterwards again served in the band, Thirty-first Regiment United rated malarial poisoning at six-eightt>enths. They alRo found joints States Volunteer Infantry, from July 14, 1899, to .Tune 18, 1901. somewhat enlarged and some rheumatism, rate six-eighteenths. No lie was 33 years of age at enlistment. (I. 0. 1321575.) other disability found, and no evidence of vicious habits. The records of the War Department show the following treatment With the bill the petitioner files an affidavit in which he states that during the fu·st service : be is in part incapacitated for the performance of manual labor by " May 25 to 29, 1898, exhaustion fatigue; .Tune 27 to 30, 1898, malarial soisoning, and tte only property be owns is wearing apparel adenitis right inguinal glands · July 7 to 13, 1898, bubo d'embles (no worth $5 . · _ urethritis) ; .July 18 to 20, 1S98, urticaria. AU foregoing in line of A. T. Holley, who was first lieutenant o"f the soldier's command, testi­ duty. Nothing additional found." fied Februstry .2, 1914, that be bas known the soldier for years and has He was not recorded as sick and received no medical treatment been ill almost daily contact with him since his discharge, and knows for any cause during the second and final service. be bas suffered from constipation and what doctors called malaria, and When discharged ft·om the first service he claimed to be suffering has been often disabled thereby, some of the time in bed from same, and from bruised groin. The medical officer who examined him states : still suffers from tbe said disease. " I find an open ulcer resulting from an abscess in right inguinal Dr. Frank H. White testified January 31, 1914, that the soldier re­ region, the result of saddle bruise; a scar below this shows a former turned from the service in 1898 suffering from malaria; soon had fever 1914. CONGRESS! ON AL RECORD-HOUSE. 4995 w-hich ran into typhoid form; and after this the mala;ria beca.me' ~hronic unteer Infantry, f rom June r't,. !898·, t o .fanuary 31 , 1899, wlien IlOn­ and re.turncd every spt·ing up to 190G, when he applted: f_or P.ens10n for orabfy discharged. He wa"S 21 years of! age at enlistment. (I. 0. said disal>ilfty · that the teeth became decayed from th1s disease and 1296664. ) mastication of' food was not pt·ope1' and digesti;r~ or_pans thus. became The records of ~ War Department fail to show the soldier was ever aifected · in 1007 chllls did not retut·n, but constipatwn and ptles corr­ in the hospital for" mediea:l tr{!atment during his service, but do show tinued and in 1008 chills returned and retul'nes and was condition of the soldier. _ rejected because it" could not be accepted as a result of either. .Tune 7, 1905, a board. states that the soldier sJJ.ould have $30 per ·rn appealing the. soldier did- not appeaJ as to stand .taken as to month for pens~on cause-Menier's disease-and. that fie was totaUy ~pfnal trouble not being a result, but confined his appeal to the fa.ct incapacitated for any manuaf labor. that a ratable degree of disability did exist from rlieumatism and On January 31 lOlly a board reports that the soldier was ScO in­ capacitated- by JYfenier's disease as to require attendance of another malarial pofsonin.g. llerson and recommended the rate allowed by law fou persons In &uch The ma1eJ.•i.a.l portion of this decision is herewitb set forth, as it so condition. This cate is $50 per month wh.en attendance,-as in this case; clearly shows the view ot the claim. taken by- officials of th~ Inte~:ior is neriodically requil.·ed_ claim was pending c.onsideral)}e testimony- was taken on With the bill tbe petitioner tiles an affidavit, in which he states De.~~~b~ni~is that he is totally disabled for any kind of labor and has no property. special examination. and there was also considerable evidence offered The lUember who introduced the bill assUI·es the committee· thall the by the appellant's attorney in the form of ex; parte affidavits. '£hese, however. refarico­ considered d undet' the rejected September 12, 1012, on the ground of no increase in the dis­ grounds assigned for the action appealed from. The certificate of eloi­ ability. amination upon which said action was based clewly shows. that a Dr. Cisco testified, June 7, 1912, that the varicocele of the left testicle ratable degree of disability from these causes had not existed since the was causing constant enlargement thereof with great pain a:nd tender­ date of sam.e." ness and to a great extent prevented manual labor of any kind-in hls With the b1ll the petitioner· files- an affidavit stating be is wholly opinion fully two-thirds. disabled for the performanee of any labor by rca-son of tuberculosis of A board ot surgeons who examined him, August 14, 1912, states as the spine and bones of right leg and hip, and that he possesses no prop- follows as to var·icocele : " Varicocele : :tm·ked varicocele of left side, rate four-eighteenths; erie~;~~fc&.~ewitnesses: tastify the soldier is now confined to !lis bed small varicocele of right side, rate two-eighteenths." all of the time bY. tuberculosis of the spine aDd leg, and has no prop­ This board states that they found no other disability existing- of. any arty and is a public charge, and physicians state his case is hopeless kind. and incurable ; that he bagc been in bed since li'ebruary, 1V12. and bas a With the bill the petitioner til-es an affida-vit st.llting be i8 wBolly wife. who owns a small bouse which. i~ not worth, with the lot upon unable to earn a living by manual labor by- reason of var•icocele of the which it stands, over $250, and she, with her own labor and the $10 left and right sides, and all tile property he possesseS' consists: of about per month given by the eounty_, Rupports herself and ROldier. $100 worth of personaf property, and his only income is the $6 per, Two doctors testify the soldier is n ow, and has been for over two month p.ension he receives. year~ bedrfdden :md will never recover, as his disease (tuberculosis of Lay witnesses sustain b.is a:llegations. spine and nip and leg) is incnra.ble ; that he is totally helpless, and Dr. Dixon testifies, January 20, 1914, that the soldier suffers- from a these physicians state it as their belief that the disease is a result of left varicocele, which ts in such enl.arged condition as to preyent manual his exposure in tcopical climate in his military ser¥ice. labor. From th~ evid-ence submitt ed it is believed that a pen sion of $:!4; per From the evitlence submitted your committee is of the opfnion that an month is fully warranted, and it is- so recommended: increase from $6 to $12 pev month is fully warranted, and so recom~ H. R . 12964. Martha R . .Ailwein.. Leba.Don, Pa., sm"Ted as a nurse mendr in the Re$11lar Establishment, -q_nited States Army, from Decemher '!· II. R. 11G39. Ernest W. RID:La.rd, of· Bristow, Okla., served duuing the 1004 to April !4. 1908, when discharged at h e ll own. cequest. "'he IS Wa!' wfrh Spain fn Company K, Fifteenth Regiment Pennsyfvania Voi- spoken of by tlie Surgeon General of the United' States Army as a com- .4996 CONGRESSIONAL RECORD-HOUSE . ~lARCH 17, petent woman, who gave satisfactory service in every respect. She 1898, to April 28, 1890. He was 33 years of age at the first enlist­ servea at San Francisco, Cal., from 1904 to January, 1906, and in the ment. (M. 0. 1018359.) Philippines from Januaryb 1906, to ·October, 1907, and again at San The soldier died March 26, 1901, of disease of the lungs, which the Francisco, Cal., from Octo er, 1907, until her discharge. · evidence shows was contracted in the service. He had a claim for pen­ As· there is no law by which she could be pensioned as a norse for sion pending at the date of his death, which was allowed from date of service rendered by her (the only law as to pensions for nurses is limited filing. until date of death, and fayment under same was made to his to those who served during the Civil War), she has filed no claim in the widow at the same time as firs payment to her in her own claim as Pension Bureau, and consideration of the pending bill is requested under the sold.ier's widow, which was allowed from date of the soldier's death, the committee rule (No. 2) as to cases where it is manifest that no and which she received until her own death on December 16, 1906. pensionable status under existing law exists. After the death of the widow the mother of the deceased soldier With the bill the petitioner files an affidavit in which she states that filed a claim for pension, November 25, 1913, which was rejected on she served from December, 1904, to April, 1908, and of this time she the ground of no title, as the sold\er left no widow surviving him. served for nearly two years in the Philippines, and that she finally was With the bill the petitioner files an affidavit stating that she is 74 discharged because her sight had become so impaired that her eyes years of age; that her husband is dead ; that she possesses no prop­ required treatment. erty and has no income ; that she is the mother of the deceased soldier ; Drs. Glininger and Gerberich and 16 other witnesses state that prior that the soldier left a widow, who died December 1G, 1906; and that to her service in the United States Army the petitioner was a woman the soldier left no minor child. of good health, but since discharge she has constantly suffered from The evidence filed with the committee shows the husband of the peti­ some impairment of sight until now she is totally blind. tioner died on October 5. 1913 ; that the widow of the soldier died De­ Maj. Slact states that during 1906 and 1907 the petitioner served cember 16, 1906; that the soldier left no minor child ; that the peti­ under him in the United States Army Hospital in Manila, P. I., and tioner is the mother of the deceased soldier ; and that she possesses no was most efficient and faithful in the performance of her duties. property or income. Brig. Gen. W. S. Edwards states that the petitioner nursed his wife The fact that the soldier obtained two life insurance poUcies in ln sickness in the Philippines and was a most competent, faithful, and favor of his mother may be accepted as evidence of his desire to con­ efficient Army nurse and was so esteemed by all who knew her. tribute to her support. His father lived until after the soldier died, and actual support of his mother by the soldier was not necessary. "JANUARY 23, 1914. The mother never received any money from the life insurance poli­ "This is to certify that I first saw Miss Martha Allwein, of Lebanon, cies, as the widow survived the soldier. Pa., on May 2, 1908. She then gave the following history: Age, about From the evidence submitted 1t is believed that a pension of $12 per 30 ; occupation, trained nurse on service in the United States medical month is fully warranted, and it is so recommended. service in the Philippines, but home on leave. She was referred to me H. R. 13518. Catherean Mihalak, Grand Rapids, llcb., widow of Frank by my colleague, Dt·. Francis M. Perkins, of 1428 Pine Street, Philadel­ Mihalak, deceased, who served during the War with Spain in Troop M, phia, Pa., who stated that eight years previously he had treated her at Fifth Regiment United States Cavalry, from May 14, 1808, to April 30, St. Agnes Hospital (Philadelphia) for an intraocular inflammation of the 1899, when honorably discharged. He was 21 years of age at enlistment. left eye, that left her without useful vision in that eye." (W. 0. 963423.) During 1906 she went out to the Philippines, and soon after noticed The records of the War Department show the following treatment: that what vision she had previously had had begun to grow dim, and "August 24 to 30, 1898, fever; no additional record found." that the pupil of the left eye had begun to take on a grayish hoe. Since • It is shown that he was re8orted as sick in quarters October 31, then the left eye has become entirely blind and the pupil became a 1898. He was furloughed for 3 days, and it was extended for an addi­ whitish gray. The condition at the time I saw her was one of com­ tional 30 days because he was sick, the nature of the illness not being plete mature cataract in the left eye, the pupil being 5 mm. in diameter given. a.nd showing no reaction to light. There was not even light preception The soldier applied for a pension March 22, 1910, based on malarial in the left eye at this time. The tension of the eye was normal. There poisoning and disease of the kidneys and bladder. He was allowed a pen­ were no inflammatory adllesions between the Iris and the lens. The sion from date of filing the claim for malarial poisoning at $10 per right eye was normal in all respects. She consulted me in reference to month. 'l'hat part of the claim based on disease of kidneys and oladder the removal of the cataract in the left eye, and I informed her that was rejected on the ground of no ratable degree of disability therefrom there was some slight risk that in the healing of the left eye the right since date of tiling the claim. one might become compromised and even seriously Infected, bot that The soldier died on January 22, 1911, :from tuberculosis, and his widow filed a claim for pension April 22, 1911, that was rejected May the risk was a slight one. 27, 1911, on the ground that the fatal tuberculosis of the soldier was She decided to accept the risk, and on May 20, 1908, Dr. Perkins and not a result of malarial poisoning, for which he was pensioned, and there I did an extraction of the cataract in the left eye under local anesthesia. was no record, medical or other satisfactory evidence, to show origin of The cataract came away easily but left behind it a dense opaque cap­ same in the service and continuance thereof since his discharge. sule, which was finally drawn out through the wound by means of very The soldier never alleged tuberculosis as a disability in his own claim gentle traction. Atropia was immediately instilled and the eye closed. filed about one year before his death from that disease. The evidence Two days later she was ordered a course of calomel (usual treatment) and testimony flled by him does not seek to show tuberculosis wna con­ and the atropin used three times a day, as the eye was red and angry tracted in the service, existed at the date of his discharge, and continued and not healing properly. On June 1, 1908 (10 days later), the eye to exist thereafter. He was examined by a board of surgeons May 4, was fairly quiet, and she was allowed to go home to keep up her treat­ 1910, who reported his lungs were normal and free fi·om disease. They, ment. Ten days later she returned with signs of beginning sympathetic however, stated that he appeared to be in poor health and weakened opthalmia in the right (normal) eye. physical condition, but they attributed this to malarial poi oning and In spite of vigorous treatment from the start with mercury, iodides, its resulting disease of stomach, liver, and spleen; rated at fourteen­ soda salicylate (1 grain for every pound of body weight in 24 hours= eighteenths. They also found disease of nose and throat; rated at eight­ 170 grains daily), sweats, inoculations (and enucleation of the offending eighteenths. left eye at the Polyclinic Hospital on June 17, 1908), the vitreous The widow attempts, by the testimony filed in her claim, to show that humor of the right eye clouded up and the right optic nerve inflamed the soldier was suffering from tuberculosis when he was discharged, and and swelled up frightfully ( 4 D). She was seen in consultation with from then to his death. This testimony, however, like that in the claim Pr. pe Schweinitz, but all the suggestions as to additional treatment of the soldier, simply shows that the soldier was never, after his dis· were unavailing. She gradually lost the major portion of the vision in charge, a well and strong man, and that his health gradually gave way, her right (remaining) eye, and when last seen, August 22, 1908, could but there is no convincing testimony that would show origin in the serv· count hand movements at 2 meters. ice of tuberculosis, unless the medical witnesses who testify diagnosed In our judgment Miss Allwein's left eye developed its cataract because as malarial poisoning the disability whkh was in truth not malarial of the exposure to the unusual glare of the sunlight in that region. poisoning, but tuberculosis. This has happened in cases where no test Moreover, we believe the resistance of her right eye was also somewhat was taken of sputa or blood bacilli. compromised by the same circumstances, and that in consequence of The evidence shows the petitioner is the lawful widow of the de­ her residence there for almost two years she was much more liable to ceased soldier, and that she bas two minor children, born April 19, develop the horrible postoperative sequalre that presented in her case. 1901, and July 23, 1906. To-day, despite good surgery and most thoroughgoing exhaustive With the bill the petitioner files an affidavit in which she states that treatment, she is a biind woman, and that in all likelihood becaqse of she possesses no property and has to earn her own living and that of the debilitating effect of the Philippine climate upon her health. the two minor children by working in a factory. WENDELL REBER. Several lay witnesses sustain her allegations as to owning no property and worktn~ in a factory to support herself and two little children. Sworn to and subscribed before me this 24th day of January, A. D. A physician testifies that since the death of the soldier the widow 1914. has had to undergo an operation for removal of diseased ovary and CHAS. IRWIN, Jr., Notary PubZic. suffers now from nervous disorder following this trouble, and is really The Member who introduces this bill (Mr. KREIDER) assures the com­ not able to perform any work, although she has to do so fot· support of mittee, by letter, that the petitioner is absolutely without property and herself and two small children. dependent on charity. From the evidence submitted your committee is of the opinion that The Surgeon General of the United States Army reports, March 2, a pension of $12 per month and $2 additional for each of two minor 1914, as follows in this case: children until they reach the age of 16 years is fully warranted, and " Prior to her appointment she was examined, on September 15, 1904, they so recommend. by a civilian physician in Philadelphia, who reported her free from dis­ H. R. 13933. Pawil Wiczlas of 217 Berry Street, Bl'Ooklyn, N. Y., ability. She was examined by an Army surgeon at the general hos­ served during the War with Spain in Companies D and C, Twenty-first pital, San Francisco, on December 4, 1904 (eight days after her ap­ Regiment United States Infantry, from June 20, 1804, to June 10, 18!)9, pointment), and a report of this examination shows that she had prac­ when honorably discharged from Company C, Seventh Regiment United tically no vision in her left eye, and also shows a mitral systolic heart States Infantry, to which he had been transferred, on surgeon's cer­ murmur. A report from the hospital, dated December 31, 1904, shows tificate of disability. He was 21 years of age at enlistment. (I. Ctf. ' vitreous opacities in left eye of seven years' standing.' A report of 1064304.) examination, dated December 20, 1905, shows ' left eye has convergent 'rhe records of the War Department show the following treatment: squint, cloudiness of vitreous humor. Vision, counts fingers at dis­ "October 11 to 14, 1894, abrasion right foot; September 29 to 30, tance of 2 feet.' Her examination, made November 26, 1907, by an 1897, my&lgia; January 27 to February 8. 1898, tmder observation sus­ Army surgeon at the general hospital, Presidio, San Francisco, shows a pected mental aberration, no evidence of same discovered ; November complete cataract left eye; only perception of light." 18 to December 7, 1898, malaria; .January 5 to 11, 1899, malaria; Jan­ From the evidence submitted, your committee is of the opinion that uary 22 to February 2, 1899, malaria ; April 26 to May 3, 1899, mala­ the disabilities from which this nurse now suffers may be safely ac­ ria; Afay 23 to June 20. 1890. malaria; discharged June 20, 1899, on cepted as due to the service, and they respectfully recommend the al­ surgeon's certificate of disability, due to malarial poisoning. No addi­ lowance of pension at the rate of $50 per month. tional record found.'' H: R.13328. Mary A. Dow, Haverhill, Mass., mother of William C. He filed a claim for pension on June 24, 1899, based on deafness of Dow, deceased, who served during the War with Spain as captain, the left ear, malarial fever, rheumatism. disease of the heart and Forty-third Regiment United States Infantry. He was appointed first stomach, dysentery, and typhoid fever. This claim was rejected May lieutenant, to date from August 17, 1898, promoted to the rank of 14, 1900, on the ()'round of no ratable degree of disability from any of captain on November 8 1899, and discharged because of disability De­ the alleged disabfiities since the date of filing the claim. The claim cember 31, 1900. He 1nad prior to this service served in Company F, was reopened as to malarial poisoning and allowed at $6 per month Eighth Regiment Massachusetts Volunteer Infantry, from April 28, therefor ft·om date of filing, to terminate August 14, 1000, the dls- 1914. CONGRESSIONAL RECORD- HOUSE .. 4997!

1 ability havin:; eensed to exist. Former rejections as to all other alleged The Member who introduced tile bill, ~. KiEss of Pennsylvania; as- disabilities were adhered to. 1sures the committee in a letter that he knows the soldier possesses no· His name was restored to the rolls June 24, 1904, at $6 per month property. from date of dropping for malarial poisoning, and he is now pensioned The following medical evidence has been filed with ;vour committee : at that rate. " This is to eertify that William E. Howell, of Wilhumsport, Pa., iS• On November 21, 1913, he filed another cla.im. this time based on s:u1fering from the following ailments~ Rheumatism, right side affected ;. ruptured and varicosed veins of. the right leg and deafness of the right cause probably due to exposure, as change in weather affects him. ear, the result of sunstroke. This claim was rejected February 16, Dampness or rain. much worse, causing chill followed by slight rise in. 1914, as to rupture of the veins of the leg on the ground that same was temperature. not incurred in service but according to the soldier's own statement "Inflammation ot joints especially worse at time of rain or dampness. was- developed some time after his discharge. Former rejection as to Unable to work at that time; too much pain. derrfness was adhered to. . "Myopia, ri.gbt eye prominent and pupil. enlarged; can not see object. The clam for maltuial poisoning- wn.s filed only a few days after dls­ at a distance with ri::;ht eye; probable cause, concentration of vision of charge oecause of said dif'abtlity, and was allowed f-or same, and he right eye. now receives pension therefor. " Have been Mr. Howell's attendant for past seven years. Gradu:lted, Dr. H. S. Shle in testifies, Aug-ust 17, 1901, that he has treated the Chicago, ill., 1901. soldier since· about the time of his discharge, and he bas suffered fJ:om "D. w. LO~GWlilLL, M . D ." malarial poisoning, rheumatism, disease of the heart ane that the dis­ manuaL labor. This physician states substantially the same. thing in abilities from which the soldier now suffers may be safely accepted as an affidavit in September, 1903, and May, 1904, showing medical treat- due to service, ·and recommend the allowance of pension at the rate of - ment for said disahilities up to May, 1904. $12 Three lay witnesses in affidavits executed in August. 1!)01, state the per month. soldier has suffered since his discharge from all or the disabilities MESSAGE FR(J'..J THE s~ATE. alleged by him. Thes{) affidavits are of the machine-made type, as shown by the fact that the langunge in each is exactly the same, and The committee informally rose; and l\Ir. WILLIAMS hnv- the writing is that of one person. ing taken the chair as Speaker pro tempore, a message from He was examined by a board of surgeons August 14, HlOO, who report ' the Senate, by Mr. Tulley, one of its clerks, announced that the him as 28 years of age, 5 feet 9 inches in height, and weighing 154 pounds. This board could find no disability from which the soldier Senate had p._'1ssed bill of the following title, in which the con­ suffered, other than deafness of the right car, far which they rate ctu·rence of the House of RepresentatiYes was requested: six.A~~~eertll~oard of sur~eons March 25, 1902, could find no disability S. 4023. An act to correct the military record of Waldo H .

other than a sllg.bt tenderness of the muscl~s (rheumati~m), ~or. w~ch , Coffman. they rate.d two:eig~teenths. and some ~mac1ation and sli~~ md1catwu 1 The message from the Senate also announced that the Presi­ ~i trg!l?t~~\ ~~~~o~~n~at~~tcd at four-eighteenths, and slight deafness dent of the United States had approved and signed bills of the- A board on No>emoer 18, 1 !)03. found malarial poisoning warranted following titles : a rating of six-eighteenths, and deafness of the right ear rated at six- On l\Iarch 9 !914 · eighteenths. N.o other disability found. They state that the soldier .., ' · _._ . . f C has the appearance of being a sick man-malarial poisoning a-nd its: S . .:>454 . .An act auLhonzmg the Secretary o ommerce to- results. ' lease to the city of Port Angeles, Wash_, certain property. The la~t board, which examined him 1\lay 20, 1904, states that they On March 12 1914 : found chronic malar~al poisoning. and resulting disease of. the liver and S An act' to authorize the President of the United Statei stomach, and rated 1t at elght-e~.ghteenths; and rheumu tism for which · 48· . . . ' they rated eight-t>ightcenths. They found no otheu disabilities. to locate, construct, and operate ra1lroads m the Terntory of With the bill the petitioner fires an aflidavit in which he. states that Alaska, and for other purposes. he is wholly disabled fo_r the performance of ma~ual' labor, possesses On l\far eh 13 1914. no property, and bas no mcome othel! than his pens10n of S6 per month. ' · . . . Lay witnesses sustain his allegations. S. 3742. An act to authoriZe the Hudson River 0onnectmg A J?hysiclan. testi~es .March ?. 1914•. tilat the soldier suff~us from ! Railroad Corperation to eonstruct a bridge across the Hudson chrome m~ar1al p01somng, vaneose vet?-S, deafness or the ngbt ear, River in the State of New York neurasthema, and' severe heacache~ and lS unable to earn any wages by. ' :.. M h "' · labor of any kind. 0 n arc 1':1:', 1914 : From the evidence submitted your committee believe that an• increase S. 3206. An act for the protection of the water supply of the· from ::;6 to $24 per. ~onth Is fully warranted, and s~ recommend.. . city of Baker a municipal corporation of the State of Ore·,.on • H. lt. 13947. Wllham ID. Howell, 312 South Gr1er Strret, Willmms- ' "' r port, Pa., served in Regular- Estahlishment, in Company II, Thirte-enth and United States Infantry, from July 20, 1894, to October 19, 1897, when , S- J. Res~ 90~ J oint resolution to continue in effect the provi"' f'lonorably-. dischut·ged. He also seTVed during the War with Spain sions· of the act of March 9 1906 ~Stat. L. vol. 34 p. 56) . fr-om Apnl 27, 1898, to October 29, 189S, in Company B, Twelfth· , ' ' ' . Pennsylvania Volunteer Infantry. He was 21 years. of age, at . first The message also announced that the Senate had agreed ta enlistment. (I. 0. 1211717. ) the amendment of the House of Representuti ves t01 the bill The recor~s of the War Department show he was sick ~ hospital (8. 4145) to authorize the Government of Porto Rico to con­ in ?rst servtce from December 10, 1894, to January 9, 18Do ; ~ature struct two bridges across the Arecibo River near the city ot of illness not given, but it is stated tliat it was contracted in lin.e of . duty. In second service it is shown he was treated for opthalmia of. Ar.ec1bo, P. R. right eye, heaqache, and chronic nicotine poisoning, due to excessive use. , PENSIONS. of cigarette!' and not in line of duty. · When discharged from the last ervice he claimed he was suffering The cemmittee resumed its session: from rheumatism of rigbt knoo. The medical officer- by whom he. was­ M r. MURRAY of Oklahoma:. Mr. Chairman, I yield one then examined certifies he could find no evidence of rheumatism. On November 11, 1898, he filed a claim for pension based on rheu­ minute to the gentleman from Tennessee [Mr. SIMs]. matism contracted while in final service during War with Spain, and Mr. SIMS. Mr. Chairman, r ask unanimous consent to extend disease of eyes cont1·a.cted during the first service in Regular· Estab­ my r emarks in the RECORD. lishment, United States Army. This claim was rejected .July 20, 1902,. on g-rounds of no record, medical or other satisfactory evidence o:t' Tfie CHAIR.l\f.AN. Is there objection to the gentreman,.s origin in service of t•beumatism. He waived the claim as to disease of request? eyes prior to this adverse action. There w us no objection. Angust 11, 1902, he filed a claim based on disease of eyes, which he Mr. DIES. By the way, 1\Ir. Chairman, I want to revise and claims he contracted during first service in the Regular Establishment, United States Army. This claim was rejected January 5, 1904, on extend my remarks in the RECORD. ground of no ratable degree of disability shown since date "of filing the The CHAIRMAN. Is there objection to the gentleman's claim. No appeal has been taken to either action of rejection. but one request? effort was made to reopen the last claim rejected, but this effo..rt was denied on ground evidence offered failed to warrant such action. There was on objection. Milton Tharp, who was second lieutenant of soldier's company dm1ng Mr. MURRAY of Oklahoma. Now I yield one minute to the the '\Va.r with Spain. testifies the soldier suffered from rheumatism dur­ gentleman from Illinois [Mr. MADDE:-i] . ing that service, and also complained of heart trouble. Comrade J. L. L . Hill testifies that during service in War with Spain Mr. MADDEN. I ask unanimous consent, Mr. Chairman, t o soldier complained of trouble witll his eyes, which were inflamed. extend my remarks in the llECORD. W. H. Spangler testifies that he is a druggist, and that since !898 !1r. AUSTIN. ~It· . Chairman. I make the same request. he has continually sold the soldier remedies for the dist~.btlities he com­ plained of, particularly disease of heart and rheumatism. Mr: LAl~GLEY. And I the same, Mr. Chairman. Dr. B. F. Waggenseller testifies, in 18!)9, that soler and harbor bill would be that be is partially disabled for performance of manual labor by dis­ ease of eyes., heart, and rheumatism, and that he owns no pronerty considered by the Hou.se. But finding that there would be: much except household goods worth less than $100. · demand (or time then, my friend from Oklahema [Mr. MURRAY] 4998. CONGRESSIONAL RECORD-HOUSE. ~fARCH 17, very kindly reseryed 10 minutes of the time now under conttol Mr. POU. I am sorry that there was any Democrat in Ken­ by him. I shall therefore submit those remarks now. tucky who. laughed at. the gentleman when he made that sort I am reminded of the fact that whenever a Member or Senator of an argument. They should have applauded him. There was says anything in behalf of good roads there are people who say: a Roman orator, 1\Ir. Chairman, who kept crying, " Cartago "Oh, yes; of course he is a good-roads man. Everybody is for delenda est," and there came a time when Carthage was de­ 1t. '.fherefore he is for it." Now there is a state of affairs stroyed. We shall keep up the fight for this legislation until whlcll may well engage the attention of every Member of this we win. I do not h.-now why this little pittance of $25,000,000 body at this time. It is this: The people of the United States is being held up in the Senate. I hope the bill will pass; but not yery much longer will submit quietly to tlle appropriation sooner or later the men who are indifferent about this great of such stupendous sums of money as are being carried by question will find that the people are thinking about it, and if bills which we are from time to time passing, almost to the they do not fall in line and help, the time will come when the entire negleet of the good-roads system of the United States. people will make them fall in line or send somebody here .who I went into the room of the Committee on Appropriations will, because I believe they are in dead earnest about this great a· while ago and asked for a document, Senate document 382, question. [Applause.J Of course I could stand here and talk of the Sixty-second Congress. A resolution was introduced a all day on this proposition. At any rate, I imagine I could. I year or two ago in the Senate asking that the Secretary of do not propose to take up more time of tlle House. I me1·ely tlle Treasury furnish a statement of all the expenditures of want to announce that I am against the river and harbor bill, the GoYernment for river and harbor work up to that time, and shall vote against the one which we are soon to consider, and it turns out that up to March 6, 1912, $627,098,236.05 bad and shall vote against the next one, and shall keep on voting been appropriated by this Government for rivers and harbors, against all. subsequent river and harbor bills so long as I am exclusi>e of the Panama Canal. a Member of this House, until at least a corresponding amount Now, we are proposing to authorize the expenditure of of money is expended in the building up of a good-roads system $25,000,000 to improve our roads system. There is just as in the United States. [Applause.] much sense, Mr. Chairman, in appropriating $627,000,000 in Mr. GOULDEN. Mr. Chairman, will my friend from Korth digging out rivers and harbors and $25,000,000 for the improve­ Carolina yield? ment of public roads as tllere would be if one of the States Mr. POU. I do. in the Union should appropriate $627,000.000 for the building Mr. GOULDEN. Does not the gentleman think that both of a great university in that State and $25,000,000 for a public­ rivers and harbors and roads should be improyed? school system. [Applause.] We have got the system reversed. Mr. POU. I do. The larger of these appropriations should be devoted to the Mr. GOULDEN. Does not the gentleman think the Govern­ improvement of our public-roads system, and we should then ment is able and that the people are willing to do both within decide · what we ought to do by way of river and harbor im­ reasonable limits? pro>ement. Mr. POU. I do. I believe that heartily, and I believe that more money is going to be yielded by the income-tax law than· Kow, within the next few days we are going to vote $43,000,000 the experts in the beginning thought would be yielded. But to dig out rivers and harbors, and, speaking for myself the point I am making is this, that we are beginning at the· alone, I will say now if there is a roll call, I am going to vote top, whereas we ought to begin at the bottom; that when we against the pending river and harbor bill. [Applause.] I appropriate $43,000,000 for the digging out of rivers and har­ will do that, not because I am opposing the improvement of the bors, the benefit that the average man gets from it is so remote river and harbor system of the United States, but I am going that it is almost impossible to calcuJate it. The great railroad to yote against the bill as a protest, because I believe we are arteries that lead to the cities, first o~ all, are fed by the country appropriating entirely too much money for that purpose, com­ roads. The country road goes to the railmad. Then the rail­ pared with the amount we are b9ping will go to improve our road goes to the city, and the great trunk line goes to the sea­ road system. port. So I say, 1\lr. Chairman, I hope that gentlemen will I find also in this document that we have appropriated up to consider this question very earnestly. We may as wen be can­ that date $241,165,000 in digging the Panama Canal. That is all did. The advocates of Government aid for good roads, if nece~­ right. Every American is proud of that great achievement. sary, will perfect an organization here which may block the But think bow many Americans would have received direct passage of future river and harbor bills unless justice is done benefit if we bad taken that $241,000,000 and distributed that on this great question. [Applause.] amount among the States to be used in cooperation with the Mr. Chairman, I do not know why the Shackleford good-roads States in the improvement of the good-roads system . of the bill, as we call it, has not been already passed by the Senate. I entire United States. wish I did knqw. I hope they are hard at work over there. Now, the keynote of tlle· Wilson administration was s~mnded trying to make it a better bill; but this I do know, if some good­ when that great man-and I use the term "great man" ad­ roads bill is not passed by this Congress there are a lot o1 visedly-went before the American people and told them that i! people in the United States who are going to demand to know given the power, we proposed to try to subserve the interest why. of the average man. Too long, he said, have powerful special · Of course, this is not a party que8tion, but I want to see my interests engaged the attention of the committees of Congress. party make an honest effort to subsene the interest of the In no better way can we carry out that pledge to subserve the greatest number of people, and, in my judgment, the best way to interests of the average man-tbe man, for instance, who lives do this at this time is to send the Shackleford bill to the Presi­ on the rural free-delivery route in the country-than to address dent for his signature, and then follow it up in the next Con­ ourselves to this great task of first improving the rura~ postal gress with a similar bill carrying an appr.opriation twice as' highways throughout the length and breadth of the United large. Talk is cheap, Mr. Chairman. The time for action has States. come. When many of you go back home to your constituents I suppose, of course, I shall be charged wtih demagoguery asking for nomination or election you will find a lot of people in making this speech here to:day, but I care not the snap of who are going to ask you what you did to promote the building a finger if the charge is made. I am absolutely in earnest, of good roads. Let us be in a position to tell them that we did Mr. Chairman, in the efforts that I make here to draw the at­ something more· than talk for it. · tention of this House and of the country to this great prob­ Why, Mr. Chairman, we are wasting half a billion every year. lem. I have lived in the country and know what bad roads killing stock and tearing up ·vehicles forcing them over bad mud mean. You may talk about the trust problem, Mr. Chairman, you roads. This huge sum, which would dig the Panama Canal may talk about the tariff problem, and you may talk about all almost twice, could be saved to the American people every year these other problems that are engaging the attention of the if we would provide for improving our roads system. A bad House, but there is no problem of greater importance than the road is the most expensive luxury a people ever indulged in. one I am speaking of here and now. And a small sum, comparatively speaking, will save this half 1\Ir. LANGLEY. Mr. Chairman, will the gentleman yield to billion every year. me for a suggestion? I am afraid somebody is at work against the Shackleford Mr. ~ou. I do. bill. Earnest is my hope that any effort to sidetrack that meas- 1\fr. LANGLEY. I heartily agree with the gentleman in what ure will not be successful. · he is saying. He is making a splendid speech. I have been When this Congress bas passed into bistorv and we recall the making the same line of argument for good roads for about list of great measures which have been written on the pages: 10 years down in Kentucky, and some of the Democrats Iaugbecl of our law books, when we contemplate that list of measures not. at me when I contended. that the Government of the United exce11ed by the record of any Congress since the foundation of States ought to help build good roads and predictesi that it the Government, there will be no law which will so directly would finally do so. benefit the great army of toilers who live outside the towns as 1914. CONGRESSIONAL RECORD-HOUSE. 4999 the legislation for which I am pleading here and now. [Ap­ Mr. KEATING. A few minutes ago, while the gentleman plause.] from Texas [Mr. Dms] was addressing the House, I endeav­ . Mr. MURRAY of Oklahoma. I yield to the gentleman from ored to interrupt him in order that the facts concerning this Wisconsin [Mr. BROWNE]. case might be laid before the House, and during the colloquy Mr. BROWNE of Wisconsin. Mr. Chairman, every time a that ensued I suggested that the gentleman was misleading the committee. I made that statement because I take it for granted pension bill has come before this body it has bee~ the signal for that before a gentleman consumes the time of this House in dis­ bombardment all along the line of the southern Democracy. cussing a measure before the House he has given that measure Every man who has introduced a bill for or ca.st his ballot in some consideration; and I could not understand how anyone favor of a pension bill has been accused of domg so to curry who had read this bill arid the accompanying report could favor with his soldier constituency, and yet these same Repre­ make the statement that the gentleman made, that under this sentatives would wish you to believe that they were not playing bill we were granting this woman two pensions. The fact is, as politics and did not make these speeches opposing every pension the bill makes very clear, the pension of $30 per month is in bill to be circulated in their districts as the most toothsome lieu of what she is now receiving. campaign diet that could be placed before their constituency. She is now on the pension roll as the mother of a ·civil War These long speeches of the opponents of these pension bills soldier and is receiving $12 a month. This bill will increase have no influence upon me and will not deter me in the least her pension to $30 a month: from doing what I believe to be my duty. Mr. DIES. Will the gentleman yield for a question? I come from a State that had only been admitted to the Union Mr. KEATING. Certainly. 12 vears before the war; a State whose sturdy citizenship is, Mr. DIES. Will the gentleman from Colorado explain this and· was at that time, composed of many nationalities-Englis~, language of the report of the committee : German, Scandinavian, Irish, French, and Pole, but all Amen­ The pending bill treats with the Mexican War claims, and tbc case eans in the broad sense of loyalty to a common country. is prepared to be considered as if she were now pensioned as the widow Wisconsin did nobly in the war for the preservation o~ the of a Mexican War soldier. • Union, and the part she took in it is deserving of the gratitude Mr. KEATING. I submit, Mr. Chairman, that the gentleman of every citizen of the Republic, North or South. She was nobly from Texas has served too long in this House to imagine that we and honorably represented in every important battle; her sol­ are about to pass the report. The House is considering the bill, diers were conspicuous in every campaign; nearly every fleet and the language of the bill can not be misunderstood and can·ied them to the assault, every southern prison confined and should not be misconstrued. starved her sons, and every hospital nursed her sick . an.d 1\lr. DIES. 1\fr. Chairman, the gentleman will not criticize wounded troops. She sent forth nearly 100,000 of her patr1otlc me very severely for following so distinguished a committee as 'citizens in the pride and strength of their young manhood to the Committee on Pensions in their report. breast the storm which threatened to disrupt and destroy the Mr. KEATING. I wish the gentleman would always follow Union of our States. the Committee on Pensions; and when the gentleman reads Many of this valiant army never returned to home and _loved from a report of the Committee on Pensions I wish he would ones. They sealed their devotion to country with the cr.Imson do that committee the justice to read all of the report, which current of their lives. They fell on mountain tops and rn the he did not do ill this instance. valleys on the oceans and the rivers. . But now as to the facts in this case. This woman is the The 'men that returned to their homes found the flourishing widow of a Mexican War veteran. She is entitled, under the business that they left destroyed, the farm grown up to weeds, general law, to $12 a month. It has been the 11ractice of your their former vigorous health impaired. Committee on Pensions to increase the pension of widows of I have heard eminent doctors say that the health of every veterans of the Mexican War to $20 per month, providing ,man who remained any great time in the service was more or the necessity for such increase could be shown to the satisfac­ less impaired by the hardships he was obliged to encounter. tion of the committee. We have made no attempt to conceal · · As old age creeps on the old wounds and disabilities weigh that fact. It has been repeatedly stated on the floor of this heavier, the fight for life becomes harder. God. pity the m~n House. I stated it only a few weeks ago in response to a or woman that in their old age has to battle With poverty m question propounded by the gentleman from Kentucky [Mr. addition to the disability of poor health. THOMAS], and I assured him that if a bill which he was then When these men enlisted at their country's call, the property discussing was referred to the committee, the pension of his owners of this country made a solemn pledge that the soldiers, claimant would in all probability be increased from $12 to $20. In this case we are giving the woman $30 a month, and why? -their widows and orphans, should be the chosen wards of this Because she not only gave her husband to his country in the GoYernment. This Government has tried to keep this sacred· Mexican War, but she gave her son to his country in the 'pledge, but nevertheless, with the high cost of li~ng,_ with the Civil War. The records show that her husband fought in the infirmities of age, there are many of the most mentonous cases Mexican War, and that her boy died in the Civil War. Those ·where the pensions received are wholly inadequate. facts were taken into consideration by the committee when it The State of Wisconsin has been very generous with its was passing on this bill. We felt that a woman who is now soldiers. It has established a beautiful home near Waupaca, past 80 years of age, in straitened circumstances, whose hus­ Wis. where the veterans and their wive.s can live. The National band fought under the colors in the Mexican War and whose · Gov~rnment contlibutes $3 per capita for the soldiers in this boy died under the colors in the Civil War, was entitled to $30 home in addition to what the State contributes, but this has been a month from this great Government. I do not know how the inadequate, so that the trustees of this home have been obliged constituents of the gentleman from Texas may feel about the to make a rule that every inmate, as a condition for entrance, matter, but I am quite willing to submit this case to my con­ has to give up a portion of his pension to the support of this stituents in Colorado, and I know they will not criticize me and home. they will not charge me with an attempt to put my hand into I believe that this Government should make a sufficiently large the Treasury of the United States. [Applause.] appropriation so that every soldier could retain his pension to Mr. 1\IDRRAY of Oklahoma. Does any other gentleman · use for those things that are necessary for his happiness in his want time? ·old age. I believe that eYery soldier that enlisted has made a Mr. DIES. I yield 10 minutes to the gentleman from Texas sufficient sacrifice to entitle him decent and comfortable sup­ [Mr. CALLAWAY] . . port during his declining years. . Mr. CALLAWAY. Mr. Chairman, I am not going to attempt I do not believe that the Committee on Pensions will be to discnss these pension cases in detai1. I want to discu~s this intimidated by the attacks upon it made on this floor, and will matter from the standpoint of the principle of legislation. I ·continue to report favorably upon all meritorio~s pension bills, think, however, that the Congress of the United States has and will be generous with those men who have made such a about abandoned principles of legislation and has gone fnto the sacrifice for their country. question of distributing benefits to the different inte~ests and .Mr. MURRAY of Oklahoma. I yield 10 minutes to the gen­ organizations and individuals of this country who are suffi­ :tlem:in from Colorado [Mr: KEATINGl _ ciently fortunate as to get the ears of Uembers of Congress who Mr. KEATING. 1\Ir. Chairman, I desire to call the attention are willing to put in thei.r time raiding the Federal Treasury. -of the committee to the case of Parmelia I. Parris, widow of I discussed the system of pensions for the soldiers in the Civil · a veteran of the Mexican War, whose pension has been in­ War and the Mexican War heretofore, and I would not come creased by this bill from $12 to $30 a month. back to the House to discuss them now but for the fact that we 1\Ir. CALLAWA.Y. On what page of the report is that case? are about to embark on a different system of pension legisla­ Mr. MURRAY of Oklahoma. On page 13. tion. We are now taking in those who served in the Spanish

LI--316 • 5000 CONGRESSIONAL RECORD-HOUSE: l\i.AROH 17,

War. Looking at the record of this, I see lhnt there ure Mr. CALLAWAY. On lnst pension day, when we had thls 436,000 of those people, most of -v~ilom are now li'\"ing. The question up, and we ~ere complaining about this grievous out­ lmlk of them ll.a:re wh·es or widows, or ill have wives or rage on the Federnl Treasury, the mor is of the country, and widows, and we can depend on at least 436,000 of these people the time of the House, the gentleman from Kentucky [Ur. ooner or later to come for penl!lions. LANGLEY] said that he would like to have had some more pen­ Mr. Chairman, under the preseut law e~ery man who was in­ sions, but they said he had all he was entitled to. -jured ill the .service during the Spanish War recei>es a pen­ l\1r. L.A.!TGLEY. l\1r. Chairman, will the gentleman pM"don :sion. J!:yery man w·hose hro.lt:h was jmp.aired by serrice ill the me-- .Spnnish War receives a pension. The widow of every man Mr. CALLAWAY. No; I will not pardon the "'entleman. who has died on .account of injury from serviee in the Span1sh [Laughter.] Mr. C'..aair.D.:llln, I can not pardon a man who is 'Var receives a pension, and the widow of eyery man b.o shall one of these pension grabbers. I do not believe the Lord die from injury received during the Spani h War will receive a will ever pardon him, and I believe if the peQple understood pension. It seems to me, Ir. Ch~ irman, that that is as far as this system of legislation they would not pa..rdon him. we should go. M:r. LA1"GLEY. The gentleiJllln did not let me finish my But here is a proposition to pick out individuals in different request. Then, if the gentleman ill not pardon me, will he localities and grant them pensions, while those with less gall yield? or less political pull or less affidavit ability, though in the same Mr. CALLAWAY. Yes. condition, fail to connect with the Federal Treasury. Mr. LA~GLEY. The gentleman did not correctly state what 1\lr. Chairman, it has a1wars been my understanding that I said. I said I had sacured the passage of an of the bills Democrats believe in equal law , benefits, and opportunities for that I had been able to get considered by the committee, n.nd all the people. Here is a propoEition to pick out Tom, Dick, nd I want to say now that I would haTe gotten mme through i! I Harry from different sections of the country and grant them could, and that I will get through all I can- special benefits out of the Federal Treasury. I can not see any Mr. CALLAWAY. Why did not the committee allow the justification in that. gentleman more? But that is n{)t the only eYil in it. Here are inducements held 1\Ir. LANGLEY. Because I do not expect to get mol"e than out to 436,000 people scattered from one end of the country to my share of con~ideration. There are more than 400 other the other to besiege the Representatives in Congress to get a M:emb€rs who have to be considered. special benefit. Mr. GORDON. The gentleman _probably got his share. What will they do to get them? Get certificates from a doctor? 1\Ir. LANGLEY. Yes; I did. And while I have the :floor, if Yes. The-~ may be laymen that do not know that you can get I haxe the wice-for it iB evident that my throat is in snch certificates from doct ors, but there is no lawyer who has had condition that I can scarcely make myself heard-I desire to any considerable practice who does not know that doctors can say I thank God that I have hnd the privilege of -passing as be found that will give certificates. There is no man who has many pension bills through this House for the soldiers and had experience in the courts of the country who does not know their dependents as I have, and I am glad that I do not feel that you can get evidence that you have been injured in the about these pension matters as does the gentleman from Texas. service. They haTe got them in this bill, and there is not a Mr. CALLA.WAY. No; the gentleman does not feel about :it member of the committee th:rt will not say that they have not as I do, for I belie\'e one old soldier is as good as an.other ld had certificates and affidavit s that are false and claimants be­ soldier. I .believe one man SO years old is as good s another ·fore the committee with perjured testimony. There is not a man 80 years old. I belie'V'e that one man penniless is a good member of the committee who will say that they believe all the as another man penniless, and I believe that if one man 80 yeaTs certificates of the doctors and all the evidence that have come old and penniless, who served in the wa.r, is ~titled to a pen­ before that committee. sion of $40 a mmith, every other man under this fi g, llnder the same cirCtimstances, is entitled to $40 month. I believe It makes me sick to look at the pension rolls of the Civil if one nurse, ·as they have in this bill, blind from some cause, War. I know the:re is perjury in the list. I know there are is €ntitled to a pension of $50 a month-.a nurse during the many men getting pensions who are nDt entitled to them. Spanish War-ev-ery oth-er nurse should lmve it. A nurse in Another proposition : Congressmen put in all their time in tl:le the Spanish War is no more than a nurse in a hospital; they distribution of special benefits, and they come in here every sene the sick as best they can, they usually give their entire other Friday and take up the time of this House distributing time and -energy, and they are usually devoted to the service special benefits. One-twelfth of the time of this House is taken in which they ar-e engaged-if one nurse who is blind is en­ up in determining whether Dick, Tom, Bill, Bob, and Sally titled to a pensi<>n of $50 a month, eTery nurse who is blind is shall have their allowance raised. It is a damnable outrage on entitled to a pension of $50 a month. the F ederal Tre suey, on the intelligent electorate of this land, They are g{)ing to propose pensions for all widows of these on our time and energies, and it is a continuous strain on the fellows who served in the Spnnish War. I -want to giYe you an resources of the country. [Applause.] • instance that .came under my direct observation. A fellow That is not alL The system by which this Government is served in the Spanish War, went out at 21. He was gone dish·ibuting these benefits is all wrong. How do you get them? in that service about 18 months. He never got out of the You get at the Congressman, get him to introduce a special bill, State of Texas. I have hearo him say time and again that and drive hlm before the committee that distributes the special he appreciated that service of l8 months more than he did any benefits. The committee d-eterminel!l whether .or not that par­ other 18 months of his life; it was a great education to him; it tieular Congressman is asking for too many or too few bills. was of great benefit to him. He traveled more than he eve:r It is not a question of doing justice to the men who are claim­ traveled before or since in his life. He married about a year ants for pensions. Oh, no; it is not a question Df the justice and a half ago, and about six months ago he died. Is there of granting a pension to the claimant. It is a question of any reason why that woman should have a pensiou? There was whether the Congressman has a right to th-e pension. never any danger to that mim from the time he went into the Mr. Chairman, sooner or later this system must be abandoned, service of the United States Government until he went out. and then no man will be so poor as to do it reverence. He said himself that it was worth more to him than any other The gentleman from Missouri [Mr. RussELL] . was conducting 18 months of his life. He traveled further than he ever trav­ one of these petty peculations through the House, and the gentle­ eled before, and he wore better clothes and ate better grub man from Kentucky [Mr. THOMAS] was much wrought up be­ than he e"\er ate before or since, and he earned more money per cause he had not been getting as many bills as had members of month on an average than he had ever earned before or since. the committee. They never do. [Laughter.] He says: "Will He lived for a time and then died, and here is a proposition to the gentleman from Missouri explain how it is and why it is that pension his widow-pension, pension, pension. Is tbere any; the members of this committee have had 25 or 30 bills dtrring equity in that? the Congress while I haTe had only 5 or 6?" The gentleman The CHAIRl\fAN. The time of the gentleman from Texas has from Missouri said if the gentleman from Kentucky would pos­ again expired. · Qess his soul in patience to th-e end of Congress they would do 1\fr. CALLAWAY. Mr. Chairman, I will ask the gentleman even-handed justice to him, because they were expecting to dis­ to yie1d me five more minutes. tribute these things equitably to all MemiJers of OoD.gress. Mr. MURRAY of Oklahoma. Very well, I will yield the ge:o.­ The CHAIRMAN. The time of the gentleman from Texas tleman five minutes, but I ask him not to ruin us in those five has expired. minutes. Mr. OALLA'\VAY. Mr. Cllairman; I will ask the gentleman ~fr. CALLAWAY. lUl·. Chairman, if we get these Spanish from 'Oklahoma to yield me some time. War Teterans and their widows on the pension rolls, no man in Mr. MURRAY of Oklahoma. Yes; I will give the -gentleman this House will haye children who will live to see the end of five minutes. that list. The last pensioner of the Revolutionary War, I be-

.. • 1914. CONGRESSIONAL RECORD-HOUSE. 5001 lieve, played out year before last [Laughter.] It will be at sure it will not affect any of the good people in Texas or else­ least 125 years from the end of the Civil War before we will see where to pay their proportionate share of this munificent sum. the last Civil War pension, and, Mr. Chairman, if we put these 1\fr. CALLA"WAY. Will the gentleman yield? Spanish War veterans on in the same kind of way, it wilt'be Mr. GOULDEN. With pleasure. 150 years, because they are more learned in ways of holding on Mr. CALLA WAY. That is the first 50. Every two weeks to pensions. You corrupt the electorate, you corrupt the citi­ there will be another bill to come in here. zenship. You hold out a temptation by providing, if they make Mr. GOULDEN. No; not every two weeks. The custom in a showing they can get a pension and they have got to have the past has been one in a month or six weeks. certificates from doctors, and you corrupt the doctors. They 1\fr. CALLAWAY. And when the news goes out over the must have affidavits from their fellows, and you corrupt their country that there are 436,000 that are eligible and may get in, fellows. will they not increase tmtil it will be $500,000 or $600,000? The CHAIRMAN. The time of the gentleman has expired. :Mr. GOULDEN. Not one bit of it. I think I can speak for :Mr. CALLAWAY. I am in hopes this House will not embark the stirring patriotism of the young men of America, our sons, on this new scheme of legislation which will add to the enor­ who so gallantly volunteered to carry the flag into Cuba, Porto mous raid on the Treasury. [Applause.] Rico, and the Philippine Islands, and say that they will answer 1\fr. MURRAY of Oklahoma. Mr. Chairman, I want to make now, as they did when they were mustered out of the service, the this observation with reference to the granting of pensions. great majority of the·m at least, namely, " There is not a single The matter of the distribution of pensions is of economic value thing the matter with us," although some of them were scarcely to the count1·y. There have been times in this country when able to walk at the time they did so. but for the pensions financial h·oubles would have arisen, but Mr. CALLAWAY. Will the gentleman yield? beyond and above that is a broader reason for them-that is, 1\fr. GOULDEN. With pleasure, always. reward for services to the country. You know it is a general Mr. CALLAWAY. Do you not think that 90 per cent of the expression that "republics are ungrateful," and sometimes they 436,000 would get pensions if they could get them. have been so. I feel ashamed when I read the history of the 1\Ir. GOULDEN. No. Emphatically no. I should hate to American Revolution that the man who financed it, who put believe that of the brave young men who went to the front at his name and his property behind that great cause and made it the call of their country in 1898 that they so lacked in civic possible to keep the patriots in the field, died in prison for pride and patriotism. I should feel ashamed of the young men debt. I also feel ashamed when I read the history of George of the American people if they could be guilty of any such Rogers Clark, who gave to this country an empire, and in his thing as that. [Applause.] declining years someone in Congress remembereli his distin­ Mr. CALLAWAY. Will the gentleman yield? guished services and moved to give him a sword, and when the The CHAIRMAN. Does the gentleman from New York yield committee went to wait upon him he kept his seat, and the to the gentleman from Texas? committee asked him if he did not have some response to make. Mr. GOULDEN. I yield to my friend always with pleasure. He said, "No; take the trinket back and tell Congress when I Mr. CALLA WAY. Do you think that these brave young needed a sword for my country I found one, but now I need heroes that went to the Spanish War, or any of them, would bread"; and I want to say to this House the men who fought present false affidavits, or perjured affidavits, and perjured cer­ jn the wars of this country should have a reward in their tificates to the committee at present? declining years. [Applause.] Every country that offers these Mr. GOULDEN. No. Most emphatically no. I would not rewards in any line prospers by those rewards. Napoleon rec­ believe it. It is incredible. ognized that when he instituted the Legion of Honor, a sys­ Mr. CALLAWAY. I would say to the gentleman that a mem­ tem of rewards to his soldiers for great achievements. Nor did ber of the committee told me they looked with very grave sus­ he confine these rewards to the soldiery, but extended them to picion on many of them. all pursuits in life. The fact that we have put into our Con­ stitution a reward for inventions has given to the American · 1\Ir. GOULDEN. That might be true. If the gentleman from people an inventive genius nowhere else to be found in all the Texas, who perhaps was a Spanish-American War veteran, or governments of the world in any age in any clime. A system should have been, would present affidavits to the Pension Com­ of rewards i wholesome for any country; it makes no differ­ mittee, I have no doubt, even though he might happen to be a ence what it costs. I was taught to believe like the gentleman Member of Congress, they might look with suspicion on them. who has preceded me, but when I understood the other side of I would not, I can assure the gentleman of that fact. the question bravely I have told those with whom I have stood Now, the other gentleman from Texas [Mr. Dms] has alluded in the past that I was mistaken, and I believe them to be mis­ to a number of cases, and I have time to take up only two or taken as I believe the gentleman from Texas [1\fr. CALLAWAY] three to which he called attention. The first of them is that is mistaken. We must give rewards to the old heroes who have of the brave Capt. Edward C. 1\fcDowell. fought for this Republic, and we must continue to give rewards Mr. DIES. On what page is that? for the old heroes who will fight in all the battles of its future. The CHAIRMAN. The time of the gentleman from New [Applause.] York has expired. Mr. MURRAY of Oklahoma. How much more time have I, I now yield five minutes to the gentleman from New York Mr. Chairman? [1\fr. GOULDEN]. . Mr. GOULDEN. Mr. Chairman, I have been so much inter­ The CHAIRMAN. About 18 minutes. ested, especially in the distinguished oratory of our friends from Mr. MURRAY of Oklahoma. I yield five minutes more to the Texas, that I concluded I would not say anything upon this gentleman from New York [Mr. GoULDEN]. subject, but my friend from Oklahoma [1\fr. MURRAY], with his The CHAIRMAN. The gentleman from New York [Mr. usual eloquence, has presented the matter in such a light that GoULDEN] is recognized for five minutes more. I thought it but right and proper that perhaps I should express Mr. GOULDEN. I thank the chairman. In that case the myself upon this subjecL This is my excuse for taking up the man served more than three years not only in the Spanish­ time of the committee. American War but in other places of the volunteer forces of First, allow me to say that I have no bills before the com­ the country. mittee from my district and am not a member of it, but I want Mr. CALLAWAY. 1\lr. Chairman, will the gentleman yield? to compliment the members not only for this report but the 1\fr. GOULDEN. With pleasure. care which they have shown in the others that have been sub­ Mr. CALLAWAY. I thought the war lasted only about 30 days. mitted to this House. And I desire to compliment the com­ Mr. GOULDEN. Oh, no. The gentleman is evidently mis- mittee upon doing an act that should meet the approval of taken about that. I can very readily see the reason why he every Member of this House. Less than two years ago they did not volunteer-because the war was too short to distinguish pensioned the widow of .that brave and heroic Confederate offi­ himself. It lasted more than a year, taking in the Philippine cer who at Gettysburg on July 3, 1863, led that famous charge, insurrection and Cuba. Gen. George E. Pickett. He was also a veteran of the 1\fexican Mr. KEATING. Four years. War, and what the distinguished gentlemen from Texas have Mr. GOULDEN. l\Iy friend from Colorado says four years; said would apply to the aged widow of a most distinguished and as he was one of the brave boys at the time, he knows. officer not only of the Confederate service but of the Mexican This is the case of an old Confederate soldier who had courage War. No one appreciates her pension more than that bright, enough and patriotism enough to volunteer in that war and to noble woman. The committee undoubtedly in many other follow the old flag for one year and one month, and now, be­ cases have had similar applications for pensions to consider. cause he is over 75 years of age and in need, the committee This bill has 54 cases in it. It carries the enormous sum­ recommend giving him a pension of $24 per month. My friend and I know my friend from Texas will be somewhat surprised from Texas thinks it is an undeserving case. Now, I really do at this-the enormous sum of $9,228 yearly increase. I am not believe he thinks that. 5002 CONGRESSIONAL RECORD-HOUSE. MARCH 17,

There are one or two other cases I wish to refer to. Here is The CHAIRMAN. The gentleman ftom Pennsylvania [Mr. one of a widow, over 80 years old, of a Me::rican War veteran. KIEss] is recognized for five minutes. Her son was a volunteer in the Civil War and was killed in Mr. KIESS of Pennsylvania. Mr. Chairman, it was not my in­ battle October 5, 1864. And this is simply changing the amount tention to make any remarks upon the pending bill, but as a which she has been receiving from a Civil War pension of $12 member of the Committee on Pensions I feel that I should say a month to that of a Mexican War pension of $30 a month, fol­ something regarding the work of that committee and, in a way, lowing the death of her husband in 1887. Now, objection· is defend its action and defend this bill. made. I do not know why, because my friend from Texas [Mr. I do not claim for the Committee on Pensions that it is in­ Dms J is usually accurate on e•erything except on pensions. fallible. In fact, no committee is infallible. I do say, how­ Mr. CALLAWAY. Will the gentleman yield? ever, after close association with my colleagues on the com­ l\Ir. GOULDEN. With pleasure. mittee, that no body of men are more earnest in their work or J!.1r. CALLAWAY. The only reason for pensioning this lady more anxious to do the right thing, and when there is any is that she is 80 years old, the mother of a fellow who died in doubt we naturally sympathize with the applicant. As you the Civil War, and the widow of a person who died in the all know, the cases which we take up are those that do not Mexican War. come under the general pension laws. These are cases where l\1r. GOULDEN. That is right. Do you not think that is soldiers or widows can not entirely prove their claim to the sufficient claim on a grateful people? satisfaction of the Pension Department. Mr. CALLA WAY. If it is, every woman who is the mother of Mr. THO~fAS. Mr. Chairman, will the gentleman yield? a boy who died in the Civil War and the widow of a man who Mr. KIESS of Pennsylvania. I decline to be interrupted. died in the Mexican War ought to have a pension of $12 a The CHAIRMAN. The gentleman declines to. yield. month, had she not? Mr. KIESS of Pennsylvania. I have only five minutes. The Mr. GOULDEN. By all means. Every one of this class evidence filed in support of these private pension bills is care­ should be pensioned if in needy circumstances. fully examined, and, I believe, taken as a whole, the committee Mr. Chairman, I have only time and the desire to occupy needs no apology for the bills that are reported favorably. the attention of the committee for the consideration of just one Many claims that are tmjust are refused. Certainly not all the more case, and that is to be found on page 76. bills that are introduced and that come before the Committee on Mr. HOWARD. 1\Ir. Chairman, if the gentleman will look Pensions are passed. on page 29: he will find another case. Now, Mr. Chairman, I do not hold any brief for doctors and 1\Ir. GOULDE1.~. Yes. nurses, but I want to say here that there is no class of people Mr. HOWARD. I suggest to the gentleman to look at page that I have. more confidence in and hold in higher regard than 29, H. R. 3311, the case of Martella 1\f. George. Does the gentle­ the physicians and nurses of this country. And, speaking for man think under any conceivable rule that eould possibly be my own people and for the doctors of Pennsylvania, I do not adopted by the committee a man that had the war record that believe that our doctors would give perjured or false testimony this man had in the Spanish-American War could leave a to enable anyone to get a pension. As for the doctors of Texas, widow or a mother or children or anybody else who ought to I can not speak. In fact, I know very little about Texas, but have a pension on his account? I am learning some things from the men who are sent here Mr. GOULDEN. In this and other cases I yield to the supe­ to represent that great State. It has been my former experi­ rior wisdom and judgment of the Committee on Pensions, with­ ence in a legislative body, and it is borne out here in Washing­ out going into a long history of that and other items in this ton, that the men who are crying the loudest about the raids on bill. the Treasury and the amount of money that is expended are Mr. HOWARD. That is a very fine way of dodging. the same men who are wasting hours and days of the valuable Mr. GOULDEN. Now, Mr. Chairman, I will refer to the case time of this great Congress in a useless discussion of unim­ on page 76, as my time will not permit me to enter into a dis­ portant matters. As for me, instead of continually speaking on the floor of this House, I am willing to save that time, which cussion with my friend from G-eorgia. It was introduced by is at a great expense to the country, and allow the money to go the gentleman from Pennsylvania [Mr. KREIDER) as H. R. 12964. to soldiers and sailors who fought for their country and to This is a most meritorious case, and I happen to know some­ their widows. [Applause.] thing personally about the case. I have not the time now to I agree fully with the remarks that were made by the gen­ read the history of. it, bot here is a woman complete!~ .b~d, tleman from New York [Mr. GOULDEN], and I know that I am whose blindnes undoubtedly originated in the Ph1llppme representing the wishes of my constituents when I advocate Islands, where she serred ns a trained nurse under the Govern­ just and fair pensions to the men who enlisted in the service of ment. She was a trained nurs:: there for four years, and I our country. [Applause.] know, as a fact, that she returned from th~ Philippines practi­ cally blind. I know further that slle is blmd to-day and that l\1r. MURRAY of Oklahoma. :Mr. Chairman, I yield five min­ utes to the gentleman from Pennsylvania [Mr. KREIDER]. she is in need. Therefore I want to say that this is a most The CHAIRMAN. The gentleman from Pennsylvania [Mr. worthy case and one that I congratulate the committee on KREIDER] is recognized for five minutes. having reported fa-vorably. 1\fr. KREIDER. :Mr. Chairman and gentlemen of the com­ Mr. DIES. Mr. Chairman, will the gentleman yield? mittee, in view of the fact that H. R. 12964, granting a pension Mr. GOULDEN. Yes. to Martha n.. Allwein, has been mentioned a number of times Mr. DIES. When this good woman went into the service she in these discussions, I think it is only right and proper that I was examined, and the report shows that she had practically should make a statement regarding it. no vision in her left eye, and her right eye was seriously In the first place, reasons have been given by the dist1n­ affected. Yet my friend thinks she lost her sight in the service. guished gentleman fTom Texas [Mr. DIES] as to why these Mr. GOULDEN. I do. I knew her before she went to the pension bills are brought here. As to those charges I want to Philippines. plead "not guilty:" There is absolutely no politics, no farm­ Mr. GORDON. Was she blind? ing out, in this proposition, whatever. Miss Martha R. All­ 1\Ir. GOULDEN. No; not before she went to the Philippines. wein, the beneficiary of this bill-and I say this frankly-has 1\lr. DIES. I understand she lost her sight long after she no connection with me in any way, political or otherwise. As returned from the Philippines by reason of an operation. far as I know the people of her entire relationship are Demo­ Mr. GOULDEN. She was not blind when she went into the crats. service, but practically so when she was sent home. Mr. GOULDEN. Correct. 1\lr. DIES. The evidence shows she was not blind when she 1\fr. KREIDER. I do not think there is one in the entire returned until after she had undergone an ope1·ation. family that supported me for Congress, and if I should run Mr. GOULDEN. I ·take my own personal knowledge of this again I know of no one in her entire family relationship who case as being superior even to the report of the Surgeon General. would support me. Now, taking it all in al1, this bill presents a list of cases of Mr. GOULDEN. If the gentleman will permit, right there, men and women whom this House can >ery well indorse. I I wish to say that when they failed to support the gentleman believe it to be in the interest not only of good government, but they did not know him, but now that they know him and know also in the interest of rewarding those who have so faithfully he is capable of representing a great district in Congress, I served the Government in the past, and I believe if this Nation think I am quite safe in saying that they will favor him here­ is to be preserved and our institutions are to be maintained after. [Applause.] we must show proper appreciation of those who are willing Mr. DIES. Mr. Chairman, wlll the gentleman yield? to sacrifiee their lives on the altar of their country. [Applause.] Mr. KREIDER. I want to say that I think the gentleman J\:Ir. MURRAY of Oklahoma. Mr. Chairman, I yield five min­ is incorrect when he states that this woman's eyesight was utes to the gentleman from Pennsylvania [1\fr. KIEss]. defective when she entered the service. •

1914. CONGRESSIONAL RECORD- ROUSE. 5003

Mr. DIES. That fnct is stated on page 77 of the report. that r have n{)t had in this Congress a report of a pension Mr. KREIDER. I want to call attention to the fact that the claim from this committee. Mr. KIRKPATRICK has none in this gentleman who makes that affidavit on page 77 swears that the bill; neither RICHARDSON, KEY of Ohio, DERSHE:M, GREE~ of first time he saw this w{)man was in 1898. I want to call atten­ Iowa. Avrs, WALTERS, nor !tL\.CDoNALD. Four of the commit­ tion to the fact that she volunteered and -entered the service tee-KEATING, SMITH, KrEss of Pennsylvania, and DALE--have in 1904; that she was four years in the service-two years of one each in this bill. Mr. SELLs ha.s two. I make this state­ which was spent in the Philippine Islands, during which time ment in justice to the committee, because of the insinuations this cataract in the eye devel{)ped; and this operation was per­ made by the gentleman from Kentucky [Mr. THOMAS]. formed after she had been honorably discharged from the serv­ Mr. THOMAS. 1\fr. Chairman-- ice at her own request for the express purpose of having an Mr. MURRAY of Oklahoma. I decline to yield. operation performed on the eyes, with the hope and belief that Mr. THOMAS. Thank you. the other eye might be Sft\ed; and this affida\it to which the Mr. MURRAY of Oklahoma. Those are all the :Members gentleman has referred shows that the party making it swears whom I know anything about, and only five members of the he did not see her until the 2d day of 1\Iay, 1'908. committee have claims in this biJL Mr. DIES. Ur. Chairman, my friend is talking about one 1\Ir. Chairman, we are ready to yield up the balance of the thing, and I am talking about another. I am talking about the time. report of the Surgeon General of the United States .Army, in The CHAIR:\1AN. All time has expired. The Clerk will which he says th~t a report of this examination shows that she read. had practically no vision in her left eye, and also she had a The Clerk read as follows : mitral systolic heart murmur. The .name of Loois K. Turuer late of Company D, Third Regiment Mr. KREIDER. When was that? Wisconsin Volunteer Infantry, War with Spain, and pay him a pension Mr. DIES. This report is dated March 2, 1914.. at the rate of $24 per m-onth in 'lieu of that he is now receiving. 1\Ir. KREIDER. It shows that she had no vision practically 1\Ir. DIES. 1\fr. Chairman, I move to strike out the last word. when she left the Army. I am as Slll'e as I live that neither the gentleman from Penn­ 1\fr. DIES. If my friend will indulge me, the full repol't says: sylvania [1\lr. KREIDER] nor any other gentleman wishes to do Prior to her appointment she was examlned, on September 15, 1904, me an injustice with respect to this case of I\la.rtha R. Allwein! by a civilian pb:\:•sician in Philadelphia, who reported her free from diEability. She was examined by an Army surgeon at the general and I feel just as sure for myself that I wish only to state hospital, San Fr:l.Ilclsco, on December 4, 1904 (eight days after her the fac;ts. Because of what the gentleman from Pennsylvania appointment), and a report of this examination shows that she had [Mr. KREIDER] has said, I wish to state that what I have sald practic lly no vision in her left eye. in all these -cases I have taken from the official reports and not Mr. KREIDER. I am not questioning the good faith in which from lay witnesses. The report of the Surgeon Geueral of the the report was mnde, but I think there is a mistake in that United States .Army is as follows: report. It is not :reasonable to suppose that any Army officer Prior to h(!r appointment she was examined, on September 15, 1904, would accept as a nurse for the United States Army a woman by a civilian physician in Philadelphia, who reported her free from whose eyesight was so defective " that she had practically no d~sability. She w!ls examined by an Army surgeon at the general.hos­ pital, San Francisco, on December 4, 1904 (eight days after her ·vision in her l€ft eye," or that after it had been discovered She appointment), and a report of this examination shows that she had would be kept in the .service for four years and sent to the practically no vision in her left eye. Philippine Islands, probably the worst place on earth fm• any­ Now, after her service to the Government was O'Ver for some one with defecthe eyesight. Nor would anyone with defective time, when she was no better and probably in a little wor e eyesight .accept se1.·vice in these islands. conditise name I do not know, and no one around me seems to know. Boiled clown, it means that she went into the service with 1ler Mr. .MURRAY of Oklahoma. It was the gentleman from vision impaired-practically no vision in the left eye-ser~ed Penn ylvania [1\lr. KIEss]. through se\eral years as a. nurse, principally in the officer's fam­ l\Ir. THOAIAS. There are about 50. pensions granted in this ily, came out {)f it jn a little worse -condition than she went bill. I wish to ask how many of those go to members of the in, and then consulted the physi-cian. She accepted the risk, the Pension Committee? operation "\\as performed, and she went b1ind. I say it had no Ur. KREIDER. I d<> not know. I am not a member of the connection with the service, and that $50 a month is out of all Pension Committee. proporti{)n to the amount allowed for nurses in the Civil War, The CHAIRl\IA.N. The time of the gentleman has exp-ired. which is $12 a month. lUr. MURRAY of Oklahoma. I yield to the gentleman one The Clerk read as follows : The name of Martella l\1. George, widow -of W. E. George, iate of minute more. Company D, Twenty-third llegiment Kansas Volunteer Infantry, War :Mr. KREIDER. I want to say-- "With Spain, and pay her a pension at the rate of $12 per month, and $2 .Mr. GORDON. Will you answer this-- additional for each of four minor children until they reach the age of .Mr. KREIDER. No; I refuse to yield now. I want to say 16 years . that this pension business should not be looked upon from the Mr. CALLAWAY. l\lr. Chairman, I mo\e to strike out the standpoint of politics or fav{)rs. The Government is to-day last wo1'd. I a-sk unanimous consent to insert in the RECORD the soliciting men to enter its service; and I, a.s a private individual, report on th1s case of "Martella :\I. George, widow of W. E. want to go on record as being in favor of Government liability George, Twenty-third llegiment Kansas Volunteer Infantry, War ns well as employers' liability. I ha\e favored such a Jaw all with Spain. my life, and I belie>e the Government ought to take care of Mr. MURRAY of Oklahoma. I object, 1\Ir. Chairman, for the tho e who are injured while in the service of the Government or reason that all the evidence was not put in by the clerk. I who from any cause lose their earning capacity while in the em­ cnn exp1ain why the report was written in that way. It was due ploy of the Go>ernment, whether it be in the Army or elsewhere. to an oversight by the clerk, and in no way belongs to the com­ I belie>e it is no more than right that the Government should mittee. I object. take care of its employees the same as private individuals or l\Ir. CALLAWAY. :May I ask the gentleman a quel;:tion corporations. This woman has been made the object of an at­ about it? tack which is altogether due to the fact that the gentlemen Mr. "MURRAY of Oklahoma. Yes. are not familiar and do not understand the facts in the case. Mr. CALLAWAY. Did not the committee make up the report? She is a woman as ihonest as the day ; a bright, keen, inte1ligent Mr. M:URRAY of Oklahoma. The gentleman will understand woman, wh<> is absolutely blind, and blind as the result of her that we have to leave some things to be put in by the clerk. service to her country. She is helpless. Her father and mother Mr. CALLAWAY. Do we not understand that the report are both dead. She is without a cent to live on, and is being comes from the committee? supported by her sister, whose busband earns his living by Mr. MURRAY of Oklahoma. The committee is ready to de­ manual labor. [Applause.] fend its report. 1\Ir. MURRAY of Oklahoma. 1\Ir. Chairman, in reply to the Mr. CALLAWAY. The gentleman says the report is not cor­ remarks made by the gentleman from Kentucky [l\Ir. THOMAS], reet? I have asked the members of the Pension Committee sitting Mr. MURRAY of Oklahoma. All the e-viden0e that we have around me if they hilve any claims in this· bill. I wish to say is not in it. 5004 CONGRESSIONAL RECORD-HOUSE. ~lARCH 17,

M:r. CALLAWAY. The part that I want to insert in the REC­ Volunteer Army of the United States in the War with Spain. ORD is in the report. But I want to say now that under no conceivable law can I ever Mr. MURRAY of Oklahoma. I object. expect the Government of the United States to pension me or The C&URllAN. The gentleman from Oklahoma objects, my wife or my children by virtue of that service. I will say and the Clerk will read. why I do not believe they ought to do it, and I hope that if - The Clerk read as follows: ever I apply for a pension from my Government the record T he name of Edward F. Smith, late of Battery H, Third. Regiment that I am now making will be used against me, or if any that United !:Hates Artillery . War with Spain, and pay him a pcns1on at the are near and dear to me ever make application for a pension by rate of ~ 17 per month in lieu of that be is now receiving. virtue of my humble service to my country when it needed me, ?tit'. THOMAS. Mr. Chairman, I mo-ve to strike out the last that this record will be used against them, because of the fact word. Mr. Chairman, a little while ago I made inquiry as to that I did nothing but my duty as an American citizen and the number of pen ions in this bill which go to the constituents volunteered my service to help save my country. As was once of the Pensions Committee. I made that inquiry in perfect good said by Georgia's immortal Hill, "He "'ho lets his country die, faith, for the reason that I had heard it stated that 27 of the lets all things die, and all things dying curse him; but he who 50 pensions in the bill go to Stutes represented by members of lets his country li-ve, lets all things live, and all things livin ..... the Pensions Committee. I asked the question because I de­ bless him." That is the reason I volunteered my services at the sired information upon that subject, as I know that Members. call. I wanted to help preserve with my humble services the of thls House, many of them, who have bills before the Pensions greatest Republic that the sun of God ever shone upon, Committee ha-ve not received a single pension for their con­ because the Government of this Republic bas protected me and stituents. I wanted to contribute my mite to its protection · when it I asked the gentleman from Oklahoma to yield to me, and he called me. [Applau e.] refused. and yielded back his time to the chairman. He made Outside of the graft that is going on in the matter of these the tatement that he has not received or his constituents ha-ve pensions, which is creeping into the Spanish-American pension not received or asked for any pensions. Well, Mr. Chairman, and which has crept into this bill to-day, if I had been upon that is the first time that I ever knew that there was no one the floor and my attention had not been diverted from the bill from the gentleman's district who fought in the Spanish-Amer­ at the time, I would have called attention to a precedent that ican War, because if there had been any volunteers fl·om the this committee bas set to-day. I ha-ve no criticism to make of gentleman's district he would have been trying to get them a the membership of this committee or anything which in their pension, and doubtless would have got them all one before now wisdom they may do, but they have set a precedent to-day in the from his committee, which is so generous to its own members. passage of this bill which, as has been said by distinguished 1\Ir. Chairman, I am in favor of pension bills. I have always gentlemen on both sides of the House, will let the camel's nose Toted for every pension bill that has been presented to this into the tent, and as a result this Government will be plun­ House. I do not know whether these pensions have been prop­ dered out of hundreds of thousands of dollar in the future erly distributed over the country or not, but that was what I because of the fact that you have set this precedent; and · in was seeking information about. I am entitled to the informa­ doing so, you, gentlemen, kind hearted, big hearted, generous, tion. and liberal, let ~r our heart run away with your head. I refer Mr. Chairman, I think that the e pensions ought to be prop­ to the case of Martella I\1. George, being H. R. 3311, appearing erly distributed among the Members. Of course this committee on page 29 of the report, and when you gave that woman n can not pension everybody. I have never had a pension reported pension for herself and her minor children you set a precedent by this committee. I have bills before it for people who should that is going to cost this Government hundreds of thousands receive pensions, and the proof has been filed, and I think that of dollars, because her husband was a worthless, trifling, im· I and other Members of this House should receive the same con­ moral, and licentious man. sideration at the hands of the committee as they apparently so Mr. DIES. Mr. Chairman, will the gentleman yield? generously accord to themselves. :Mr. HOWARD. Yes. The Clerk read as follows: Mr. DIES. Is that the case which the gentleman from Okla­ The name of George B. Weesner, late of Company D, Thirty-second homa [ Ir. MURRAY], in charge of the bill, declined to let the Regiment United States Volunteer Infantry, War with Spain, and pay him a special pension at the rate of $30 per month. report of go into the CONGRESSIONAL RECORD? Mr. HOWARD. Yes; and I do not blame him for being Mr. DIES. Mr. Chairman, I move to strike out the last word. ashamed to let it go into the RECORD. The case ougllt to be I want one word more and I am not going to try the patience stricken from this bill, and had I been in the Chamber to assert o::: the committee much longer. 1\Iy friend from Pennsylvania my rights at the particular moment this item was reached, I complimented himself that he did not take· up any time of Con­ would have made the motion to strike it out-not because I gress, but was disposed to criticize me for taking up. so much have no sympathy with that woman, not because I do not ym. valuable time on pension matters. I say to the committee that pathize with those fatherless children, but because of the fact if it sincerely believes that Congress does not want these mon­ that you open the gate for all of the worthless men that ever strosities pointed out to it, and if it was not my duty to enlisted for what they could get out of it to come in here nnu point them out, r·epresenting 300,000 people, I would not draw a pension from the Government of the United States take up the time of the committee. I do not care to make alongside of the man who did actual service, prompted by speeches as much as that. I have some information on some patriotic motives. thing of this kind, and I feel that it is my d_uty to point them The CILUR.MA..l.~. The time of the gentleman from Georgia out. Unless you indicate that you want the matters covered has expired. up so that the people will not reach the right idea, I shall con­ Mr. HOWAnD. Mr. Chairman, I ask unanimous consent to tinue to call attention to what I believe is the wrongful use proceed for five minutes more, and I shall not consume any c · the power of taxation and of appropriation of the public more time than that. money. The CHAIRMAN. Is there objection? Now, with reference to what my fl•iend said about none of the There was no objection. memiJers of the committee having more bills than other 1\Iem­ Mr. HOWARD. Mr. Chairman, as was said by my distin­ ber ~ . There is no use to get behind :be bush about it; we all guished friend from Oklahoma [Mr. l\IuRBAY], the only reason know the members of the committee give themselves more in on earth for the existence of an Invalid Pension Committee and the run of time than they do other Members of Congress. There a Committee on Pensions is the fact that in a great many is no use to talk about that. In this bill I do not know what cases these committees are called upon to do equity, equity to each individual Member got, but I know that the members of mete out a competency to some particular soldier or the widow the committee represent 13 States, and these 13 States got 27 of some particular soldier in a case where the law co\ering bill and the balance of the States got 27. In the bill passed a a great class generally is deficient-a worthy and meritoriou · little while ago the committee represented 15 States, and they case-and these cases are based on equity, and when you ueal got 140 bills and the balance of the United States got 63. I with a case in the Committee on Pensions you should deal with just throw that in because it keeps the record straight and we it on the basis of absolute equity and nothing else, because there will know what we are doing. is no particular rule upon which you can grant a pension under Mr. HOWARD. Mr. Chairman, I move to strike out the last the private-pension laws-- two words. I want to make just a few observations on this Mr. WILSO~ of Florida. Mr. Chairman, will the gentleman particular bill, because this i one pension bill about which yield? I can talk and no one can accuse me of being prejudiced in my 1\Ir. HOW.ARD. Yes. views about it. I happen to have in my possession an honorable Mr. WILSON of Florida. Did this soldier marry subsequent discharge as a private soldier in the Spanish-American War to the Spanish-American War? [applau e], and I do not possess any one thing that I prize Mr. HOWARD. I ha-ve not looked into that, but I think he more than I do that discharge us a private soldier in the did. 1914. CONGRESSIONAL RECORD-HOB"SE. 5005

Mr. DIES. Yes; he did. The Clerk resumed and concluded the reading of the bill. Mr. HOWARD. I think the record · shows that he mal.Tied Mr. MURRAY of Oklahoma. Mr. Chairman, I move that the subsequent to the war. committee do now rise and report the bill to the House with Mr. DIES. He marrieg in 1900. the recommendation that the bill do pass. Mr. HOWARD. He married in 1900 and he enlisted in 1898, The motion was agreed to; accordingly the committee rose, and went out of the service shortly thereafter for disability not and the Speaker having resumed the chair, Mr. BUBKE of Wis­ incident to service. I am not criticizing the committee, because consin, Chairman of the Committee of the Whole Hou.:e, re~ if there is anyone on earth for whom I have sympathy it is a ported that that committee had had under consideration the widow and little children, but we must be heartless in some bill H. n. 14546, and had directed him to report the same to things to protect the taxpayers of this country from the enor­ the House with the recommendation that the bill do pass. mous burden that is resting upon them by virtue of the indis­ Mr. DIES. 1\fr. Speaker, a parliamentary inquiry. criminate granting of pensions to people who really, in a great The SPEAKER. The gentleman will state it. many instances, do not deserve them. Mr. Chairman, I ate Mr. DIE~ I want to make the point of !10 quorum at such hardtack until I was afraid to go out in the rain, for fear if I point as will secure a roll call on the bill. What time do I got wet spontaneous combustion would take place. I ate em­ make it? balmed beef, and I fought mosquitoes, and that is all I had The SPEAKER. The gentleman can make that on the vote. to fight. The Government did the best it could, I expect, under The question is on the engrossment and third reading of the the circumstances, to feed me. The Government gave me shoes bill. and good clothes to wear, and I have no hospital record snse The bill was ordered to be engrossed and read a third time, the contraction of a bad cold. But here is a man who went into was read the third time. the serrice with a disease, an awful disense, an unmentionable The SPEAK;ER. The question is, Shall the bill pass? disease. He knew he had that disease when he went into the Ur. DIES. Now, l\fr. Speaker, I desire to make the point of service, and he stayed there as long as he could hang around, no quorum. and they discharged him because he was unfit for the service. 1 The SPiilA.KER. The gentleman from Texas makes the point Ten years after he died from typhoid fever, and an attempt is of no quorum. Evidently there is not a quorum present and made to show that that typhoid feyer was an incident to his the Doorkeeper will close the doors, the Sergeant-at-Arms will service. They could not do that, and now they come in here notify absentees, and the Clerk will call the roll. and give his wife this pension for herself 'and these ch~ldren • The question was taken; and there were-yeas 230, nays 50, without any evidence to support, while many worthy widows answered "Present" 6, not Yoting 146, as follows: · and innocent little children of worthy soldiers are alone in their penury and destitution, because they have not the ear of YEAS-230. their Congressman. There are enough worthy cases to consume Alexander Evans Kettner Rogers all the time this committee can devote to its duties. Allen Fergusson Key, Ohio Rothermel Anderson Ferris Kiess, Pa. Rouse Let me suggest this by way of conclusion : There is going to Ansberry Fields Kinkaid, Nebr. Rubey be a new order of things in this country from now on, and you Anthony FitzHenry Kirkpatrick Rucker gentlemen are going to s2e it. A great many of the infiuentia1 Ashbt·ook Fordney Knowland, J. R. Rupley Austin Foster Konop Russell citizens of this country-and I say that it is just that they Avis Fowler Kreider Sa bath should do it-are not going to pay any more money into the till Baker Francis Lafferty Scott inilirectly, but they are going down into their pockets, and they Baltz Frear La Follette Seldomridge Barton French Langham Sells are going to pull out the coin of the realm, and they are going Bathrick Gallagher Langley ShreYe to by it on the internal collectors' tab1e in hard cash, and then, Beakes Gard Lazaro Sinnott Bell, Cal. Gardner Lee, Pa. Sloan when they commence to put down $100,000,000 or more a year , Booher Gerry Lenroot Smith, Idaho out of their pockets that they ought to haYe put down years Borchers Gillett Levy Smith, Minn. a rro to contribute to the up-keep of this Government, these men, Borland Gilmore Lewis, Pa. Smith, N.Y. Bowdle Gittins Lieb Smith. Saml. W. · who know something about business methods, who have been Britten Glass Lindbergh Sparkman prosperous, are going to see that the administration of this Gov­ Bnx:kson Goeke Lindquist Stl'ener on ernment is administered along the lines of business pl'inclples Brown, N.Y. Goulden McAndrews Ste-ph(>])S, Cal. Browne, Wis. Graham, Ill. McDermott Stephens. Nebr. and that it is economical and judicious in expenditures. Now, Bruckner Graham, P:a. McGillicuddy Stevens, N. R. you mark my prediction. Brumbaugh Gray · McKenzie Stone Mr. 1\IADDEN. Will the gentleman yield? Bryan Green, Iowa McLaughlln Stout Buchanan, Ill. Greene, Mass. MacDonald Sutherland Ur. HOWARD. Yes. Bulkley Greene, Vt. Madden Switzer 1\Ir. MADDEN. I think what the gentleman says would be Burke, Wis. Gudgc.r :lial!"uire, Nebr. Taggart true but for the fact that the bill to which he refers affects only Bryns, Tenn. Guernsey Mahan Talbott, :Md. Cantor Hamilton, N.Y. Mann Talcott, N.Y. one-half of 1 per cent of the people of the United States. Can trill Hammond l\Iapes Tavenner 1\lr. HOWARD. Well, under Democratic rule from now on Carr Hardwick Metz Taylor, Colo. the people are gojng to make ~o much money that 90 per cent Cary Hart Miller Taylor, N. Y. Casey Haugen Mondeli Temole of them will pay this income in a few years. Chandler, N.Y. Ha wlcy 1\! ontarne Ten E:vck Mr. LANGLEY. If the gentleman is sure of that, it is about Church Hayes Moon Thae!ier time they started to make the money, because they have had Claypool Helgesen Mors;an, La. Thomas Cline Helm Morgan, Okla. Thompoon. Okla. seYer::tl months' opportunity and they have not made any head­ Connelly, Kans. Helvering Mott Thomson, Ill. way in that direction under this Democratic administration. Connolly, Iowa Hensley Murdock Towner Mr. HOWARD. Ob, the ge:otleman is mistaken about that; Conry Hill l\Inrrny, l\Iass. Treadway Cramton Hinds l\Iurray, Okla. Underhill he bas acquired the habit th.at many gentlemen of faith have of Crosser Hinebaugh Neeley, Kans. Underwood joining the calamity howlers. Curry Holland Nel on Yare The CHA.IRUAN. Tbe time of the gentleman has expired. Danforth Houston Nolan, J. I. "Vollmer Davis Hughes, Ga. Norton Volstead The Clerk read as follows : Deitrick Hulings Padgett Wal!in The name of l\Iary .A. Dow, dependent mother of William C. Dow, Dershem Humphrey, Wash. Parker Walters late captain, Forty-third Regiment United States Volunteer Infantry, Diienderfer Humphreys, l\Iiss. Patten. N.Y. Watldns War with Spain, and pay her a pension at the rate of $12 per month. Donohoe Igoe Patton, Pa. Weaver Donovan Johnson, S. C. Payne Wbitaere 1\Ir. THO~IAS. Mr. Chairman, I move to strike out the last Doolittle Johnson, Utah Peters, Mass. White word. Mr. Chairman, a while ago I stated that I bad never got Doremus Johnson, Wash. Phelan Willinms Dough ton Kahn Platt Willis a pension through this Pension Committee fo1' any of my con­ Driscoll Keatin~ Powers Woodruff stituents, but I did get one passed in the House over the protest Dupre Kelley, l\Iich. Rauch Young, ' . Dak. of the committee. That was for the widow of a Mexican sol­ Dyer K elly, Pa. Reed Esch Kennedy, Iowa Reilly, Wis. dier, 1\lrs. Roes. She was in the county poorhouse of Edmonson County at the time the bill was passed. Since then she has NAYS-50. died. The bill has not yet been reported in the Senate. She Ahercrombie Eagle Ho'l\·nrd Stephens, Tex. was between 85 and 90 years of age. She died in a county poor­ Aileen Edwards Jacoway Sumners Bartlett Elder Le1er Taylor, Ark. house. She was a good old Christian woman, and I am confi­ Beall, Tex. Faison Page, N.C. Tribllle dent has gone to a better land, where there is neither poverty Buchanan, Tex. Flood, Va. Park Vaughan Burgess Floyd, Ark. Quin Watson nor pension committees. Byrnes, S. C. Garner Rayburn Webb . Mr. MURRAY of Oklahoma. Mr. Chairman, I make the point Callaway . Gnrre'tt, Tex. Sherley Wilson, Fla. ot order the gentleman is not discussing the bill before the Candler, Miss. Gordon Sisson Wingo Caraway Gregg Slayden Witherspoon House or any bill before the House. Clayton Hardy Small Young:, Tex. Mr. THO::\IA~. The gentleman is not before the House.· Dent Harrison Smith, Tex. [Laughter.] Dies H enry Stephens, Miss. 5006 CONGRESSIONAL RECORD-HOUSE. MARcH 17,

ANSWEJRED "PRESENT "-6. Mr. SCULLY. I have a pair with the gentleman. I voted Hay Lee, Ga. Scully Stevens, Minn. "yea," and I wish to withdraw that vote and vote" present." Kindel Pou The name of Mr. ScULLY was called, and he voted "Present." NOT VOTING-146. Mr. KINDEL. 1\fr. Speaker, I voted " yea," but I understood Adair Dickinson Kennedy, R.I. Peters, Me. that I was paired with somebody, so I leave it with the pair Adamson Dillon Kent Peterson and vote "present." Ainey Dixon Kinkead, N . .T. Plumley Aswell Dooling Kitchin Porter The name of Mr. KINDEL was called, and he voted " Present." Bailey · Dunn Korbly Post The SPEAKER. On this vote the yeas are 231, nays 49 vot­ Barchfeld Eagan L'Engle Prouty ing "present" 6. A quorum is present. The Doorkeepe; will Barkley Edmonds Lesher Ragsdale open the doors. Barnhart Estopinal Lewis1 Md. Rainey nartholdt Fairchild Linthicum Raker On motion of .1\fr. MURRAY of Oklahoma, a motion to recon­ Bell, Ga. Falconer Lloyd Reilly, Conn. sider the -rote by which the bill was passed was laid on the table. Blackmon Farr Lobeck Richardson Brodbeck Fess Loft Riordan Broussard Finley Logue Roberts, Mass. EXPOSITION AT PANAMA (H. DOC. NO. 840). Brown, W.Va. Fitzgerald Lonergan Roberts, Nev. Browning Garrett, Tenn. McClellan Saunders The SPEAKER laid before the House the following message Durke, Pa. George McCoy Shackleford from the President of the United States, which was read and, Burke, S. Dak. Godwin, N. C. McGuire, Okla. Sharp with the accompanying papers, referred to the Committee on Burnett Goldfogle McKellar Sherwood Butle1: Good Maher Sims Foreign Affairs and ordered to be printed. Calder Goodwin, Ark. Manahan Slemp Campbell Gorman Martin Smith, J. M. C. To the Senate and House of Representatives: Carew Griest Merritt Smith, Md. . I transmit herewith a report from the Secretary of State in Carlin Griffin Mitchell Stafford Carter Hamill Moore Stanley relation to the invitation from the Government of Panama to Clancy Hamilton, Mich. Morin Stedman this Government to participate in au exposHion which is to Clark, Fla. Hamlin Morrison Stringer open at the city of Panama on November 3, 1914, and I join Coady Hayden Moss, Ind. Taylor, Ala. Collier Heflin Moss, W.Va. Townsend wHh the Secretary of State in strongly recommending the au­ Cooper Hobson Neely, W.Va. Tuttle thority of Congress for the acceptance of the invitation and an Copley Howell O'Brien Walker appropriation of $100,000 to enable suitable participation by the Covington Hoxworth Oglesby Walsh .Cox Hughe , W. Va . O'Hair Whaley United States. Crisp Hull Oldfield Wilson, N. Y. As the exposition will open as early as November 3 next, ·Cullop .Johnson, Ky. O'Leary Winslow prompt action by Congress on the recommendation is essential Dale Jones O'Shaunessy Woods Davenport Keister Paige, Mass. to proper and adequate preparation for the participation. . Decker Kennedy, Conn. Palmer WOODROW WILSON. So the bill was passed. THE WHITE HousE, Mat·ch 1"1, 1911,.. The Clerk announced the following pairs: LEAVE OF ABSENCE. For the session : Mr. REILLY of Connecticut, by unanimous consent, was Mr. HOBSON with Mr. FAIRCHILD. granted leave of absence for an indefinite period of time, on Mr. ADAMSON with Mr. STEVENS of Minnesota. account of illness. Mr. SCULLY with 1\fr. BROWNING. Until further notice: RIVERS AND HARBORS. Mr. GORMAN with Mr. KENNEDY of Rhode Island. Mr. SPARKl\IAN. Mr. Speaker, I move that the House re­ Mr. GEORGE with Mr. GRIEST. solve itself into the Committee of the Whole House on the 1\fr. CLANCY with Mr. DUNN. state of the Union for the consideration of the bill H. R. 13811, Mr. BELL of Georgia with Mr. BuRKE of South Dakota. being the rivers and harbors bill; and pending that, I ask unani­ Mr. SIMS with l\fr. FESS. mous consent that six hours be devoted to general debate, one Mr. PALMER with 1\fr. EDMONDS. half of the time to be controlled by myself and the other half Mr. TAYLOR of Alabama with Mr. HuGHES of West Virginia. by the gentleman from Washington [Mr. HuMPHREY]. 1\Ir. GRIFFIN with Mr. WINSLOW. Mr. HUMPHREY of Washington. 1\Ir. Speaker, reserving the Mr. KENNEDY of Connecticut with Mr. J. M. C. SMITH. right to object, I would like to ask the gentleman if he can not Mr. DALE with Mr. 1\IARTIN. yield more· time? I have had requests for more, and I feel l\fr. ADAIR with 1\Ir. BARCHFELD. I must ask that we have four hours on this side. Mr. BAILEY with Mr. .ArNEY. 1\Ir. SPARKMAN. Will four hours, then, be satisfactory on Mr. BARNHART with Mr. BARTHOLDT. that side? Mr. BRODBECK with Mr. BUTLER. 1\fr. HUMPHREY of Washington. I think we can get along Mr. BURNETT with Mr. CAMPBELL. with four hours, and I do not see how we can get along with Mr. CARLIN wHh Mr. BURKE of Pennsylvania. any less. · Mr. CARTER with Mr. CooPER. Mr. SPARKMAN. Then, Mr. Speaker, I change the request 1\I.r. CLARK of Florida with Mr. CoPLEY. to eight hours instead of six, one half to be controlled by my­ Mr. CoLLIER with Mr. DILLON. self and the other half by the gentleman from Washington. l\Ir. CoVINGTON with 1\fr. Goon. The SPEAKER. The gentleman from Florida [Mr. SPARK­ Mr. CULLOP with 1\Ir. FALCONER. MAN] moves that the House resolve itself into the Committee l\fr. DAVENPORT with 1\Ir. FA.RR. of the Whole House on the state of the Union for the consider­ Mr. DIXON with Mr. HAMILTON of Michigan. ation of the bill H. R. 13811; and, pending that, asks unanimous Mr. FINLEY with Mr. HoWELL. consent that general debate be limited to eight hours, four hours 1\fr. FITZGERALD with 1\fr. CALDER. to be controlled by himself and four hours by the gentleman 1\Ir. GARRETT of Tennessee with 1\Ir. KEISTER. from Washington [Mr. HuMPHREY]. Is there objection? Mr. WHALEY with Mr. KENT. Mr. DO NOVAN. Mr. Speaker, i:eserving the right to object, Mr. HAy with Mr. MERRITT. I would like to ask the chairman of the committee if he does not Mr. HEFLIN with 1.\Ir. McGUIRE of Oklahoma. allow those who are opposed to the bill to have any time? I Mr. KINDEL with Mr. Moss of West Virginia. understand the gentleman from Washington [Mr. H-m.fPHREY] Mr. ·KITCHIN with Mr. 1\IoNDELL. is in favor of the report. Now, that is giving all the time to one 1\fr. KORBLY with Mr. MANAHAN. side. I asked the gentleman the other day to give me a few 1\Ir. LLOYD with 1\Ir. MOORE. minutes, and he declined. I saw the gentleman from Washing­ 1\Ir. LoNERGAN with Mr. MoRIN. ton [Mr. HuMPHREY], and I asked him if he was in favor of M.r. McCoY with 1\fr. PAIGE of Massachusetts. the bill, and he said he was, and he refused to give me time. Mr. MITCHELL with 1\Ir. PETERS of Maine. Now, here is the situation: A bill comes up here carrying some 1\fr. 1.\IORRISON With 1\Ir. PLUMLEY. $40,000,000, and the time is taken up by those who are in favor Mr. NEELY of West Virginia with 1\Ir. PoRTER. of the measure. I suggest to the chairman that such an unfair Mr. OLDFIELD with l\Ir. PROUTY. proposition should not be tolerated. l\Ir. PETERSON with Mr. SLEMP. Mr. SPARKMAN. Mr. Speaker, I will say for the benefit of Mr. RAINEY with l\Ir. ROBERTS of Massachusetts. the gentleman that there was ho intention whatever on my part Mr. SHERWOOD with Mr. ROBERTS of Nevada. to discriminate against him. As I recall, he came to me asking Mr. SCULLY. Mr. Speaker, did. the gentlemaD: from New for time after it had all been, practically, parceled out or 1 Jersey, l\Ir. BROWNING, ·vote? . - promised to other parties. And I ·wm say; further, that I did The SPEAKER. He did not. not know at the time, nor do I know yet, on which side of the 1914. CONGRESSIONAL ·RECORD-·HOUSE. 5007 que tion all the parties to whom I have agreed to yield time Mr. FOSTER. Then we ought to strike out a lot of this time will speak; or, in other words, whether any . of them are op­ occupied in the delivery of speeches that do not refer to the posed to the bill or whether all are in favor of the measure. If bill at all. I can find time to allot the gentleman I will be very glad to Mr. MANN. Perhaps so; but the right of l\Iembers to make yield him such time as I may be able to spare. I will say speeches in the House has not been abridged heretofore, and this, however, to him, that under the five-minute rule he can will not be right away. I think probably my colleague [l\1r. no doubt get all the time he may need. FosTER] has a good case and ought to have some time. [Laugh­ Mr. DO NOV AN. .Mr. Speaker, the gentleman from Washing­ ter.] ton [1\fr. HuMPHREY] admitted to me that he was in favor of the Mr. MADDEN. I can add to that that my other colleague is bill. Now, the point is, the time is wholly closed up. They a very bright debater under the five-minute rule and very per­ refused to give me a few minutes. Why, the other day there suasive, and generally gets what he wants; and I commend him was a $600,000 appropriation bill, and I believe they allowed in the consideration of the bill under the five-minute rule, for I the opposition 3 minutes. I took 37 minutes. The Agriculture know that he will be able to present his case so forcibly that he bill came along, and every moment of the time they took them­ will get what he wants. selves and nothing for the opposition. Now, those things smack Mr. FOWLER. The gentleman evidently does not refer to me. of the way they do in Russia. This is a free country. I am [Laughter.] only a four-hundred-and-thirty-third part of this body, but I am l\Ir. MADDEN. I refer to both of my colleagues, for that opposed to the bill. The gentleman from Washington [1\fr. matter. HuMPHREY] gleefully gloated over the fact that he was in l\lr. FOSTER. It is as difficult a matter to get something out favor of the bill. [Applause.] of a bill as it is to get something in. The SPEAKER. Is there objection? 1\Ir. MANN. Both are impossible. [Laughter.] Mr. DO NOVAN. Mr. Speaker, I am going to insist on 15 The SP:mAKER. Is there objection? minutes, or I am going to object. Mr. FOWLER. Mr. Speaker, I do not want to object, but I l\1r. l\IAl~N. Maybe the gentleman from Florida [Mr. SPARK· would like to get the opportunity to present my proposition to MAN] will modify his request so as to give 15 minutes to the the committee. ge:o.tleman from Connecticut [1\Ir. DoNOVAN]. Mr. MANN. I hope my friend from Florida will give my col­ Mr. SPARKl\I.A.N. 1\Ir. Speaker, I modify my request so as league [1\Ir. FowLER] that extra half hour, e1en if the time has to give the gentleman 15 minutes. to be extended. The SPEAKER. The gentleman from Florida [Mr. SPARK­ Mr. HUMPHREY of Washington. I hope, Mr. Speaker, that MAN] asks unanimous consent that the time for general debate the gentleman from Florida will agree to that. be limited to 8 hours and 15 minutes. 4 hours of it to be con­ l\Ir. SPARKl\IAN. Say eight hours and a half. trolled by himself and 4 by the gentleman from Washington Mr. l\IANN. Make it eight hours and a half and give the [Mr. HuMPHREY] and 15 minutes by the gentleman from Con­ gentleman from Illinois [Mr. FowLER] 15 minutes extra. 'l'hat necticut [Mr. DoNovAN]. [Laughter.] Is there objection? . will be all right. Mr. FOWLER. Mr. Speaker, reserving the right to object, I Mr. SPARKl\I.AN. I will do the best I can. desire to ask the chairman of the committee if I may have some Mr. FOWLER. If I can get 30 minutes, that will· do. I sug­ time to present a proposition for the Ohio River? gest that the gentleman from Florida make his request for eight Mr. SPARKl\IAN. Why, I will say to the gentleman that I hours and three-quarters. have understood for some time that he desired to make a mo­ Mr. SPARKMAN. Mr. Speaker, I change my request, then, to tion, possibly, to amend the bill so as to embrace some propo­ eight hours and three-quarters. sition on the Ohio River, which he must do, of course, under 'Ihe SPEAKER. The gentleman from Florida [Mr. SPARK­ the five-minute rule if at all, when he can doubtless get all the MAN] asks unanimous consent that general debate on this bill time he may desire. So far as I am concerned, I will see that be limited to 8 hours and 45 minutes; 4 hours to be controlled he does get whatever reasonable time he may wish. by the gentleman from Washington [Mr. HuMPHREY], 4 hours Mr. FOwtER. Yes; but I want to get my proposition be­ to be controlled by himself, 15 minutes by the gentleman from fore the Committee of the Whole House on the state of tne Connecticut [Mr. DoNOVAN], and 30 minutes by the gentlf'man Union before we commence to read the bill .. from Illinois [Mr. FowLER]. Is there objection? [Aft£-r a Mr. SPARKMAN. Will 10 minutes suffice for the gentleman? pause.] The Chair hears none, and it is so ordered. The ques­ Mr. FOWLER. No; I do not think I can do it in 10 minutes. tion is on agreeing to the motion. I want 30 minutes. The motion was agreed to. l\Ir. SPARKMAN. I want to say, Mr. Speaker, that there Mr. HULINGS. Mr. Speaker-- are many requests for time. I would like to accommodate every­ The SPEAKER. For what purpose does the gentleman from body if I could see my way clear to do so. If we had it, I Pennsylvania rise? would like to yield time to everyone who may desire to address Mr. HULINGS. I rise for the purpose of asking unanimous the House on this or any kindred subject, but we have to consent to address the House for 30 minutes at the conclusion draw the line somewhere. If 10 minutes wiJI suffice for the of the general debate on this bill. gentleman from illinois, I will see that he gets that much The SPEAKER. The gentleman from Pennsylvania [Mr. time. HULINGS] asks unanimous consent to address the Honse for 30 Mr. FOWLER. Why not make your request for nine hours, minutes at the conclusion of the general debate on this bill. and give l\Iembers of the House · who have propositions they Mr. HARDWICK. Reserving the right to object, 1\Ir. Speaker, would like to get before the House an opportunity to do so, so I am prompted to inform the gentleman that the Committee on that they may be fairly understood? Rules has arranged to report the Panama Canal bill at the con­ Mr. SPARKMAN. Well, there is a great desire to get this clusion of the consideration of this bill. bill through and out of the way of other important matters l\fr. MANN. 1\Ir. Speaker, as long as the matter is before the that are to follow. House, I would suggest that, in view of the division of time, the 1\fr. FOWLER. I am anxious to expedite the transaction of gentleman from Pennsylvania should have 30 minutes during business, because I want Congress to adjourn, but this is an the debate. import,~out matter to me. It is a matter of life and death to my 1\fr. H.A.RDWICK. Oh, yes. people. 1\Ir. 1\IANN. I make that request-that the gentleman from :Mr. FOSTER. 1\Ir. Speaker, it seems to me there ought to be Pennsylvania [1\Ir. HULINGS] ha\e 30 minutes. some provLion made for a division of time to men who want to l\Ir. HARDWICK. During the general debate on this bi11? get something out of the bill instead of all the time being given 1\Ir. MANN. Yes; during the general debate on the ri\er and to those who want to get something into it. [Laughter.] I harbor bill, in addition to the time already specified. speak for the former class. 1\Ir. EDWARDS rose. 1\Ir. MADDEN. Did they not let in the gentleman from The SPEAKER. For what purpose does the gentleman rise? Connecticut [~Ir. DoNOVAN]? 1\Ir. EDWARDS. To reserve the right to object. .Mr. ;FOSJ.'ER. Yes; for 15 minutes. But that is only 15 1\fr. 1\IANN. Did the gentleman object? minutes out of 8 hours. There are others who desire to 1\Ir. EDWARDS. I reserved the right to object. eliminate some features of the bill. · 1\fr. HARDWICK. I thought that the gentleman withdrew Mr. 1\lANN. Mr. Speaker, my colleague knows, as everybody his request. else in the House knows, that general debate on any one of The SPEAKER. No. The gentleman from Illinois maue these bills is not c:onfined ordinarily to the bill, and most of the another request. debate that relates to the bill is had du~ing the reading of the 1\fr. 1\IANN. To give the gentleman from Pennsylvania [Mr. bill under the five-minute r .ul~, where time is usually graciously HULINGS] 30 minutes in general debate, in addition to the time extended. already allotted. 5008· CONGRESSIONAL RECORD-HOUSE. 1\{.AROH 17,

~Ir. EDWARDS. Would no~ that extend the general debate authorizations are $3,000,000 tor the Ohio River; $1,000,000 until nine hours and a quarter? for the Delaware River from Allegheny Avenue, Philad-elphia, 1Ur. MANN. Yes. to the sea; and $61,500 for Beverly Harbor, Mass. The $3,000,- The SPEAKER. That is exactly what it would do. 000 for the Ohio River is a part of the $5,000,000 required to be Mr. IA~TN. After all, Mr. Speaker, no provision was made furnished annually under a declaration in the riYers and har­ directly for any member of the Progressive Party in the bors bill passed in 1910 of an intention to complete the im­ House. I think the request is a modest request. proyement in 12 years, the provision having been construed by The SPEAKER. The gentleman from- Illinois asks unani­ the committee to mean that the amonnt necessary to complete mous consent that the gentleman from Pennsylyania [Mr. the project shall be appropriated within that perlod. HmNas] shall haye 30 minutes in addition to this eight hours The estimates submitted by the Chief of Engineers for the and three-quarters of general debate on the river and harbor prosecution of works under way and for maintenance amount to bill. Is there objection? [After a pause.] The Chair hears $34,016,305, to be applied to 245 works, approximately $4..000,- none. 000 being for mainten..'Ulce. The balance is to carry on projects Mr. BAllKLiiJY. 1\lr. Speaker, reserving the right to object, already begun but not completed. To this amount should be I should like to ask the gentleman from Pennsylvania (Mr. added $250,000 for examinations, surveys, and contingencies, HULINGS] on what subject he is going to address the House? making a total or original estimates reaching $34,2613,39:5. By Mr. HULINGS. I propose to address the House on the Mexi- carefully going over the esti.lll!ltes some of these items were re­ can question. duced by the committee, the whole of such reductions amount­ 1\Ir. BARKI;EY. I object. ing to $1,031,000. But against the e reductions are quite a The SPEAKER. It is too late to object. number of increases, aggregating $4.260,780, the chief items be­ Mr. B.A.Rh.1;EY. I was on my feet asking for recognition, ing $1,000,000 for the Mississippi RiYer between Head of the Mr. Speaker. at the time the Chair announced. Pas-es and the mouth of the Ohio River; $1,18:>,000 for Galyes­ The SPEAKER. 'The Chair put the question fairly, and the ton Harbor, or Galveston Channel, as it is called; $125,000 for gentleman had plenty of time. The Chair thinks the objection Pollock Rip Channel, .Mass.; 273,380 for Harbor Beach harbor comes too late. . of refu2;e, l\Iichigan; $167,400 for Racine Harbor, Wis.; l$100,- 000 for Columbia RiYer at The Dalles, Oreg. and Wash.; and Mr. FOSTER. Jlli·. Speaker, I think the Chair did not hear an authorization of $1,000,000 for the Delaware River from the gentleman. He was on his feet. Philadelphia to the sea. I wish to say, however, that this The SPEAKER. If the gentleman from Kentuck--y was on his $1,000,000 is not, strictly speaking, an increase, as it is an feet seeking recognition, the Chair will t·ecognize him. authorization recommended by the engineers in their estim:: tes 1\Ir. BARKLEY. I was going to reserve the right to object for the bill, in adilltion to oyl,OOO,OOO in cash, which the meas- for the purpose of inquiring of the gentleman from Pennsyl­ ure carries for that stretch of the riYer. · vania on what subject he intended to address the House. The 1,000,000 increase for the Mississippi Riyer was thought Mr. HULINGS. I have already answered that question. advisable, in view of a desire on the part of the engineers and Mr. Speak~r, I have not occupied much of the time of this the Mississippi River Commission to carry on the work of levee House. I have some observations to make which I think will construction and revetment of the banks of the ~Iiss) sippi River come in play upon this subject-the riyer and harbor bill-if between the Head of Passes and the mouth of the Oltlo more the House will indulge me. expeditiously than heretofore. The Mississippi RiYer Commis­ l\1r. BARKLEY. The gentleman does. not intend to make an sion had recommended an appropriation of $7.000.000, but the inflammatory speech on that subject, does he? Chief of Engineers cut the estimate down to $6.000,000. Mr. GOULDEN. He would not be guilty of it. [Laughter.] A much larger amount, however, was requested by local 1\fr. RULINGS. I do ·not know just exactly how the· spirit interests. A bill had been introduced during the first session, may move me. I hope it will }}e a speech worth listening to. of this Congress asking for $12,000,000 in cash and an authori­ Mr. BARKLEY. I will withdraw my objection and trust to zation of $48,000,000 for the improvement of that stretch of luck. [Applause.] the river, the whole to be appropriated within fiye years at the Mr. KAHN. l\Ir. Speaker-- rate of $12,000,000 a year. An extensive hearing was had early The SPEAKER. For what purpose does the gentleman from in the session on this bill but no action has yet been taken by California rise? the committee on the measure. In the meantime there was Mr. KAHN. The matter is adjusted. I was going to say quite an insistent demand by parties interested that, in addi­ that the gentleman from Pennsylvania [Mr. HULINGS] is a tion to the $6,000,000 recommended by the Chief of Engineers member of the Committee on Military Affairs and was not for this bill, contract authorizations be provided for $18,000.000 here when the debate on the Army bill took place. more. The committee, however, concluded to only allow $7.000,- The SPEAKER. He ha.s already ~ot his 30 minutes. The 000, or one million in addition to the six millions called for House resolyes itself into the Committee of the Whole House by the Chief. Whatever views a mnjority of the committee on the state of the Union, and the gentleman from Missouri might otherwise have entertained regarding this demand for (Mr. .ALEXANDER] will take the chair. [Applause.] a con rract authorization, it is believed the seven millions is The CHAIRMAN. The House is in Committee of the Whole all that could or should be allowed in the pre ent bill, espe­ House on the state of the Union for the consideration of H. R. cially in view of the demand of other sections of the country 13811, the river and harbor appropriation bill, which the Clerk for river and harbor work. Besides, seven millions is quite will report. as much as will be expended on the work by the 4th of next be The Clerk read the title of the bill (H. R. 13811) making March, when another bill will doubtless passed. appropriations for the construction, repair, and preservation of In further justification of the action of the committee in certain public works on rivers and harbors, and for other pur­ allowing the additional million, I would like to call attention poses. to the fact that the committee has inserted in the pre'ent bill a provision extending the jurisdiction of the Mississippi River Mr. SP.A.RKUA.1~. Mr. Chairman, I aSk unanimous consent that the first reading of the bill be dispensed with. Commission over leYee building from the mouth of the Ohio River to Rock Island, TIL It will be remembered that the bill The CHAIRMAN. The gentleman from Florida asks unani­ of 1913 as it passed the House contained a similar proYision, mous con ent that the first reading of the bill be dispensed but this was changed in the Senate so as to authorize on1y with. Is there objection? a survey, which has since been had and a report thereon made There was no objectiou. to Congress by the War Department; though, in view of the Mr. SPARKMAN. 1\lr. Chairman, at the outset I wish to ask act creating the Mississippi River Commission, together with as a favor of the committee that I be not interrupted until I subsequent legislation, I do not con ider the smvey a necessary ha ye finished t11e statement I desire to make t9uching some of. basis for our action. It will be noted that the language nsed the leading features of the bill, when I will be glad indeed to confines the expenditure of money above the mouth of the Ohio yjeld to interruptions, and to undertake to answer any questions within the limit of authority under which leYees may be con­ that Members may see proper to ask. structed below the Ohio RiYer, and that e:xpemlitures, if made We haye spent a great deal of time upon the bill, and nave at ull for that purpose, must be in the interest of navigation. gi>en careful consideration to its preparation; and while it may The claim was made by those advocating the extension of the not be perfect, we ne1ertheless consider it a good measure, and jurisdiction of the commission to Rock Island, ill., that there invite the closest scrutiny, together with the severest analysis, of was no just or logical way of differentiating the two stretches, each and all of its provisions. and that if the activities of the Government were to be directed The bill appropriates in cash $39,227,504, and authorizes toward the building of levees between the Head of Pa ~es $·:i,061,500 in addition, the whole aggregating $43,289,004. The and the mouth of the Ohio, in the interest of navigation it 1914. CONGRESSION \_L RECORD- HOUSE. 5009 should do the same thing to the section between Rock Island fra 1;oute, which traverses the narrow neck of land between thil and the Ohio, where serious overflows are also experienced. two bays a little to the southward of the present canal. Under The committee considered the two stretches very much alike, this proYision n commission was appointed known as the Agnng aml hence extended the jurisdiction of the commission to cover connuission, which, having made an examination, submitted both; and I can see no great harm likely to come from its quite a voluminous report to Congress, recommending the· pur­ action, for if the commission and the Chief of Engineers follow chase of the canal at a cost of $2.154,280.70; but the report ill o the 11rovision in the bill, no money can be expended except in showed the feasibility of tile Sassafras. route, along which a the interest of navigation; and if there is no such demand, canal can be consh1.1cted at a co£t which it is estimated by the none will be expended. engineers will be only a little more than that estimated for the It has been the policy- of the committee, as well as of the purchase of the pre. ent Chesapenke & Delaware Canal and its House, for many years to confine levee construction and revet­ enlargement to the required depth and width. ment work to the requirements of navigation, a policy to which Later the Secretary of War, under the twovision of the riYers it has adhered in the face of strong pressure at times for ap­ and harbors bill of 1909, which called for a surYey of an intra­ propriations to protect private property and that of municipali­ coastal sy tern from Boston, Mass., to Beaufort Inlet, N. C., in­ ties from floods. I trust the House will continue to sustain the cluding the section between the Delaware and Chesapeake Bays, committee in its efforts to enforce this policy, for if we depart caused an examination to be made of the Chesapeake & Dela­ froru that safe und salutary rule we will not only increase enor­ ware Canal and other possible routes across the intervening mously our expenditures for waterway improvement, but seri­ land, reports on which are embodied in House Document No. ously endanger our river and harbor bills. If, however, we are 391, Sixty-first Congress, second session, and in House Docu­ to embark on the policy of protecting private property against ment No. 19G, Sixty-third Congress, first session. In both of damages from floods, the task should only be entered upon after these reports the purchase of the canal was recommended, and a thorough examination and survey of the work to be done, in in the last the cost, including the purchase of the existing canal,­ order that the country and Congress may know in advance what together with its enlargement to a depth of 12 feet, was placed the co twill be. Even then the necessary legislation should not, at $8,000,000, the purchase price of the canal being fixed at in my judgment, be carried in the regular river and harbor bills, $2,514,290, as was recommended by the Agnus commission. The but in some separate measure or measures. The former should committee, however, not agreeing with the engineers as to the deal alone vdth the matter of furnishing navigable channels for amount that should be paid for the canal, but belieTing its the accommodation of our commerce. actual value to be much less than the sum fixed by them, have In addition to c.:'l.ring for the old or existing projects, 7G new authorized its purchase at a cost not to exceed $1,300,000, which projects have been adopted, requiring in all to complete $38,­ it is believed is all it is worth. G 4,700, but of this sum we have only appropriated or authorized It will be noted by anyone who has examined. or who will $5, 7SG,820. take the trouble to examine the Agnus report that the officers Among the larger items are those for East River, N. Y.; of the canal company gave but little information to the mem­ Chesapeake & Delaware Canal; Norfolk Harbor, Va.; New Lon­ bers of the commission as to the value of the canal or the price don Harbor, Conn. ; Willapa Harbor, ·wash.; Oklawaha Rh-er, at which its owners would be willing to sell. It was ascer­ Fla.; Cumberland River above Nashville, Tenn; the Sacramento tained, however, that the canal was bonded at something like and Feather Rivers and Richmond Harbor, Cal. $2,600,000, which bonds were valued at about 50 cents on the The most expensiye are: The East River, to cost $13,400,000; dollar. Furthermore, the Government, it seems, originally con­ Che~apeake & Delaware Canal, $6,785,710; Sacramento and San tributed to the construction of the canal $450,000, for which .it Jonqnin Rivers, $586,000; and the upper Cumberland, $4,500,000. yet holds stock in the company. This stock, together with stock The "·ork on the Ea t RiYer, being a class of work not requiring diYidends received, now aggregate 14,625 shares, of the par value e~'1H~clitious treatment, is, if the suggestions of the engineers of $50, or $731,250 in all; besides, the canal company has owed hould be followed, to run uver a long period of years, some­ the Government something like $51,187.50 since 1877 for cash thing abo\e 25, though, of course, if the demands of commerce dividends, which, together with interest, amounts now to about shonld require greater llaste, the work may, and no doubt will, $150,000. It further appears that no dividends have been paid be prosecuted more rapidly. to anyone subsequent to that date. I wish to direct special attention to the project for the im­ I wish also to say that according to the Agnus report there proyement of the Sacramento and Feather Rivers, Cal. This seem to be some engineering difficulties in the way of any fur­ L a very expen h·e piece of \York as a whole and will cost, when ther deepening of the present canal; difficulties that would completed, it is estimatetl something oYer $33,000,000, the greater not, it is thought, be encountered along the Sassafras route. and part of which is for flood protection and land reclamation. The which might make it advisable to adopt this latter route. I engineers, ho"·ever, fixed the amount to be expended by the only throw this out as a suggestion, for we would doubtless in GoYernment in the interest of navigation at $5,800,000, which the end follow whatever recommendations the engineers may the committee thought was not out of· proportion to the benefits make; at least that is the usual course. likaly to accrue to commerce, present and prospecth-e; and In addition to the authority to purchase the Chesapeake & hence have recommended that it be undertaken, appropriating, Delaware Canal, the committee has recommended the adoption howe,·er, only ~200,000 in this bill, and that on condition that of two other links in· the intracoastal system from Boston to tl}.e State of California furnish a like amount. In fact, we Key West as extended by later suryeys, the one from l\lcClel­ have adopted the project on the conditions imposed by the lansville to Winyah Bay, S. C., and that from Charleston to engineers to the effect that the State contribute an amount Savannah, Ga., the former to cost $20,000, the latter $100,000. equal to that which the Goyernment may be required to expend The bill also adopts three other links in the intracoastal system in the interest of navigation, which is fixed, as just stated, at a from St. George Sound, Fla., to the Rio Grande, Te:x., these be­ sum not to exceed $5,800,000. This is one of the most compre­ ing ~ ections 5, 7, and 12, to cost, respecth·ely, $227,000, $475,000, hensiye and well-considered plans of riyer regulation and im­ and $80,000. Likewise a short link or cut-off between Yermil­ proYement that have come before our committee for many years, ion River and Schooner Bayou, La., to cost $37,500. Section 5 little, apparently, having been left to chance or for future extends from Mobile Bay to the Mississippi River, a distance of consideration that it was possible for engineering skill to make 125 miles; section 7, from the Sabine Ri\er to Galyeston Bay, definite and certain. Tex., a distance of 68 miles; and section 12, from Brazos San­ The Chesapeake & Delaware Canal connecting the waters tiago, Tex., to Rio Grande, a distance of 9 miles. This system of those two bays, is another project which the committee comprises 12 links, numbered consecutively from 1 to 12, inclu­ thought of great importance and which received favorable ·con­ sive, the whole coYering a distance of 1 , 03~ miles. Provision sideration at its hands. The connecting of these two bays by has heretofore been made for sections 1, 3, 8, 0, and 10, costing the Government has been under consideratio11 for quite a while. $1,015,335. Section 2, from St. Andrews Bay to Choctawhatchee 1\Iany years ago the present Chesapeake & Delaware Canal was Bay, estimated to cost $3,000,000, has not yet been recommended. constructed, and has since been owned and operated as a toll The uncompleted sections from 4 to 7 and 11 to 12, inclusiYe, canal by a corporation chartered, I believe, under the laws of are estimated to cost $3,632,910. I desire and ask permission Pennsylvania, l\Iaryland, and Delaware. In 1906 Congress de­ to submit with&,luy remarks statements showing the

Report o1t survey of route tot· intracoastal waterway em the Atlantic 1\.Iotmtains. Of course this work can not all be undertaken: coast. at once, nor is there any necessity for its so being undertaken. The policy should be to provide for the different sections from Proposed Distanoo. Cost. depth. time to time in the order of their relative !Lmportnnce con­ sidering the commerce to be accommodated by them, and that, I may add, is the pl'esent intention of the Committee on Rivers Boston-Key West: Feet. Miles. .and Harbors. Boston-Narrn.~sett Bav---····-- ············ 18 113 S17,453,000 Mr. Chairman, of course I know tl::at the amount carried in N~=e~t!alb!;,~~-~:~~:::::::::::::::: ·------~~- 1~~ --~~ :~~:~ this bill wm appear large, especially to one not familiar with Raritan Bay-DelawareRiT"er ...... ~·-········ 12 35 20,000,000 the ad1antages accruing to the people of the cotmtry from Open-water channeL .. ____ .---·····------··-- . . . 40 . ______----- Delaware ~ ! h-er-Chesapeake Bay...... 12 13 8,000,000 wab~1· transportation or who is not conversant with the great demand for river and harbor improvement growing out of the Norf;I:~-:~r~~~~~::::::::::::::~:::::::: ······-i2" ~ --·5;4oo~ ooo rapid progress we are making along every line of material :Beaufort-cape Fear Rh·er _... .••...•.•.•.•... 7 105 2,872,111 development. We are all familiar in .a general way with this Cape Fear Tiiver-IAttle River...... 7 } 106 { 3,724,219 Little I river-""inyu.h Bay...... 7 5,677,800 wonderful growth. I wish to call attention, however, to some ~~~to~~;~=~-0~: ::::::::::::::::::::: ~ ~ 1,~~:~ features oi this development which will illustrate the point Savannah-Fernandina...... 7 128 19S,OOO I am making. From lf)02 to 1914 the population of this coun­ fernandina-St. Johns Tiiver. ...•.•.... .•.. .•. 7 58 251,726 try increased 27 per cent, farm products 70 per cent, products St. Johns lliver-Indian River. •.. ~·-·····-·-·· 7 380 2, 491,056 of the mine more than G7 per cent, imports of merchandise Indian River-K-ey West .•.. ·-·-·············· 7 1253 2,127,950 upwar-d of 113 per eent, and exports .of merchandise more than ==~ i 82,170,063 76 per cent. Similarly and as a result of all this a marked Recommended sections: I increase occurred in freight tonnage both by rail and by water. Raritan Bay-Delaware Rh·er 3 •••••••••••••••• 12 35 20, 000, 000 The tonnage of the r.ailro.ads during the past decade grew from De..'aware J ~ tver-Chesapeake Bay..•••••••••.•• 12 13 8, 000, 000 1,340,394.000 tons to 1,844,B77,000 tons, an increase of more Norfolk-Beaufort .•...•.• ·····--·.········~--- 12 190 5, 400, 000 than 540,00iJ,OOO tons. But the most remarkable increase has Beaufort-Ca~ Feat: River •....•..•••••..•.... 7 105 2, 872,111 Cape Faar-L1ttle R1ver •••• ••••••••••••••••••• 106 If .3, 724,219 been in our water-borne commerce. In 1910 the engineers re­ Little Ri\er-' ·inyah Bay .....•...... •...... ~ } I\ s, 677, soo ported this commerce, foreign and domestic, including duplication, 7 64 1, 227' 800 ij~~1:s~!~~~~~o~:::::::::::::::::::::: 7 59 427,400 at 625,901,653 tons, while the reports for 1913 fixed tbe amount EnvaJlilah-Fernandina ...... •••.•••••••••... 7 128 195,000 at 1,002,759,000 tons, an increase in three years of more than Fernandina-St. Johns River .••••.....•.•••••. 7 ~8 251,726 315,0()0,000 tons. But there has been no such increase, Mr. 758 47,760,056 Chairmllll. during that period in expenditures on rivers and harbors. I will file with my remarks a statement showing the Umecommended sections.: expenditures for that class of work covering the fiscal years Boston-Raritan Bay ... _....••••••....••• _..•. 18 2&3 29, 775,000 St. JohnsRiver-KeyWest •••••••••••••••••.•. 7 633 4, 619,006 from 1904 to 1913, inclusive_, from which it will be seen that the percentage of increase dur ing that decade has been only ' 916 ~4, 394, 006 23 per cent, while the increase in water-borne commerce for the past three years has been more than GO per cent. This, 1\fr. 1 Of Indian River-Key West stretch 197 miles is ope:a-water channeL Chairman, is the statement: 2 Provided a right of way, as described in House Document No. 195, Sixty-third Ell'pcnditures tor t·ivers and 7wrbors dtwitt[J t7te fiscal .11ca1· ending Jtme Congress, first session, bsimmcdiate1y secured. 30 (n ... t inc1uiling ezpe11-dttttrcs 1mder pennanent and indefinite appro­ Report on survey of intracoastal toaterwav, St. rleorge Sound to Rio priations). Graff. de. 1904 ______22,329,469.15

1905 ______23,0~4,497 . 08 SECTIONS. 1906 ______22,513,605.99 1901------21,513,471. 54 No. Extr to ocean-borne commerce? Mr. SP.ARKMAN . It applies to all kinds of water-borne 1 Already provided far. lNct recommenrloo. commerce, canals, rilers, harbors, coastwise, and foreign, and

Sections 4 to 121 inclusive, $ ,632,910 (recommended). I may as well explain just here what I mean by duplications. Sections 5, 7, 1:!, $780,593 (adopted) . By this I mean commerc~ carried over two or more wa terwnys l\11.·. SPARKMAN. From the first statement it will be seen. or into two or more harbors where it is counted more than once. that the sectiollil of the Atlantic intracoastal system favorably Another matter to which I wish to direct attention is that the reported co1er the stretch from Raritan Bay, New York Harbor, amount expended in 1913 is only a little upward of $2,000,000 to St. Johns River, Fla. It is recommended, however, by the more than the amount expended in 1909, the year before we Board and Chief of Engineers that work on the section be­ embarked upon the annual-bill policy, and this increase is more tween llaritan Bay and the Delaware River be only undertaken than covered by the amounts added to the ri.-ers and harbors hen compliance has been had with certain conditions. These bills as a result of the floods on the lower Mississippi Ri1er in are, in substance, that a right of way with certain specified 1912 and 1913. ·characteristics shall be furnished. I may add that the Com­ Now, Mr. Chuirman, of course I k:now that increase of water­ mittee on Ri1ers and Harbors has no information as yet that borne tonnage does not necessarily mean an increase of ex­ the e requirements have been or will be met, but I assume that if penditures for river and harbor improvement. The pertinent the advantages likely to accrue from the construction of the question is, Has there been a legitimate commercial demand for canal .are such as have been outlined by its proponents the the improvements making the expenditures necessary? The rjght of way required will be furnished. answe1· to that must be in the affirmative. There has not been Mr. Chairman, it is not easy to overestimate the value of a hnrbor developed or a river improved which has not been these intracoastal waterways. Of course some of the links are preceded by a demand for the work bnsed upon the neces­ of more importance than others, but each, in my opinion, is sities of commerce. The development of the country along the of sufficient \n.lue to eommerce to justify its improvement by rh·ers has Irulde this improvement a necessity, while the increase the Government in accordance with the plans outlined by in the rumensions and draft of ocean-going craft, in obedience the engineers. Connecting the rivers flowing into the Atlantic to an inexorable law of economics, has made it necessary to and the Gulf they will, when completed, furnish a system of also increase the dimensions of harbor channels on our lake navigable waterways more than 20.000 miles in extent and shores and seacoast. Nor, Mr. Chairman, has this growth in reaching nearly e1ery section of the country east of the Rocky the dimensions and draft of vessels been confineQ. to the imme- ~I ' J J 1 J: • I t , CONGRESSI ONAL RECORD- ROUSE. 5011 dlate past, but has been going on for many decades and is b-elieve-it is possible to approximate within reasonable bounds likely to continue for many more. But I would like to call the cost of river and harbor impro\ement in this country within attention to this increase- to the regularity of its growth. the next 25 years. Of course, if we enter upon other works Half a century ago an ocean-going vessel of more than 300 feet having no direct or necessary relation to nangation, there is no rn length or more than 40 feet in width was not in existence. telling where- we will land. Why, there are propositions ad­ The bulk of the Atlantic Ocean traffic was then carried on in vanced, some of them now before Congress, advocated and sup­ shlps drawing less than 20 feet of water, with not a single ported by men o:fnational repute, the adoption and the carrying vessel at that time exceeding 24 feet in draft, while to-day, out of which, it is- said by competent engineers, would cost Mr. Chairman, we have vessels more than 000 feet long, nearly billions of dollars. But assuming we are to pursue a safe and 100 feet beam, and several more than 38 feet of draft. It is sane policy such as we have been pursuing for the past several to this increase in the dimensions and draft of the. \essels decades, then I believe it is easy, or at least it is not very diffi· using our harbors that we have had to accommodate ourselves, cult, to approximate within reasonable bounds as to what tlle and, as I have said, the end is not yet. Government will be called upon to expend in the near future, by It is the opinion of experts, men who have given much thought which I mean in the next quarter of a century. to this question, that in another half a century or perhaps less We have on the books to-day, including those. taken on in this ocean-going vessels will ha1e increrr.se

Appropriations/or rivera and harbors anti six other-branches of the pv.bEic sm;ice, 1903-1914.

Rivers and Year. harbors. Post Office. Navy. Army. Fortifications. .Agricultom. Indian.

1903 ...... $32, 540, 199. 50 $138, 416, 598. 75 $78, 856", 363. 13 S91, 730, 136. 41 S7, 298, 955.00 S5, ,208, 960. ()() S8, 986, 023.10 1904 ...... - --...... -~--- .. ---..... --~. 20,233, 150. 00 153, 511, 549. 75 81,876,791.43 77,888,752.83 7, 188-, 416. 22 5,978,16{}.00 8, 540, 405. 77 1905 •.. ------. : -~ ...... 10, 872, 200. 00 172,545, 998. 75 97,505,140.94 77,070,300.88 7, 518,192.00 5, 902, 040. 00 9,447,001.4.0 1906 ...... 28, 726, 007. 41 181, 022, 093. 75 100, 336, 679. 94 70, 396, 631. 64 6,747,893.00 6, 882,690.00 7; 923, 8l4. 34 1907 ...... ~-·--··· -- -- · · · ------17, 254,050.04 191, 695, 998. 75 102, 091, 670. 27 71,817,165.08 5, 053, 993. 00 9, 930,440. ()() 9, 260, 599. 98 1908.- .. . -~ ...... ·----...... ------..... - ---- 43, 500, 813. ()() 212,091,193.00 98, 958, 907. 50 78, 634., 582. 75 6, 898, 011. 00 9,447, 290. ()() 10, 125, 076. 15 1909 ...... - .... ·~ · -- 18,092,945. 00 222, 970, 892. ()() 122,663,.885. 47 95,.382, 24,7. 61 9, 31.6, 74.5. 00 u, 672, 105.00 9, 253, 347. 87 1910 ...... ~ 29, 190, 264. ()() 234, 692, 370. 00 136, 935, 199. 05 101,195,883.34 8,170,111.00 12,995,036.00 11, 854, 982. 48 1911...... 4-Q, 380, 541.50 243,907,020. ()() 131,350,854.38 95, 440, 567. 55 5, 617,200. 00 13, 4871 636. ()() 9, 266, 528. 00 1912 ..... - ...... 30, 883,419. ()() 259, 13~ 463. 00 126,478,338. 24- 93, 374, 755. 97 5,473,707.00 16,900, 016-. 00 8, 842,136.37 1913 ...... 40, 559, 370. 50 271,429, 599.00 123, 225·, 007. 76 90,958,712.98 4, 036,235. 00 1&, 651, 496. 00 8, !l20, 9i'O. 66 1914 ...... ------...... ·------·· -~ ··· - -·· -- 51, 118, 889. 00 285,370, 271. 00 140, 800, 643. 53 94, 266,145 .. 51 5, 218, 250. ()() 17,985,945.00 9, 485, 819. 67

Total ...... - ...... 372, 3511 848. 95 2,566, 704-,047. 75 1,311, 079,481. 64 1, 038,155-,882.55 78,537,708.22 133, 0-12, 815. 00 111, 9!) I 671. T.)

From this statement it will be seen that during the- pa:st 10 ing commerce as the centuries come and go. [Applause.l The years we haye appropriated for rivers and harbors $372,351,000, billions poured into this- great sea of military preparation will while for the Army and the Navy we have furnished be swallowed up with not a single physical monument erected $2,300,000,000, more than six times as much for the Army and on its shores for the benefit of mankind, while with the money ' the Navy as for rivers and harbors-. If we- eontinue- thnt for we may expend on our rivers and harbors we will furnish the the next 25 years, as we are likely to do--even assumin~ country and its commerce 30,000 miles- of inland waterways, that it will not be- increased, and it is likely to be incrensect­ riYers, canals, and intracoastal channels-, besfdes more than 300 the sum win aggregate nearly $6,000,000,000,~ as against ha1·oors, large and small, the whole making the grandest system. $450,000,000 fixed by me as the probable limit of river and of navigable waterways in the world', and accommodating IJy harbor requirements during that period. And what do we get, iliat time perhaps- more than 2,000~000,000 to-ns or commerce. l\1r. Chairman, for· the larger amount! Protection, security, [.Applause.] perhaps; but with that great expenditure~ there will be- no Now; !!Tr; Cliairman, but few object, :r fuink, to the· Army- or monuments erected, unless it be to military heroes, while the the Navy and the provisions that we are rnaldng- for th-em. impro~ements in our rivers and harbors, to be- made by the We need beth, and will continue to need them, perhaps, to, pro­ smaller expenditure, will, with relatively sman: amounts from tect our flag from insult and our sfiOI'es fr-om hostile invasion. year to year for maintenance, endure for the use of our grow- But whilst we are contributing billions for ~e Army and· the 5012' CONGRESSIONAL . RECORD-HOUSE. 1\{.ARCH ' 17,

Navy and in the preparation for possible wars let us not be­ Mr. MANN. No; I do not know just what it is, but I know grudge the relatively few millions necessary to fit our rivers it is now far less than it used to be. and harbors for the growing commerce of our country. [Ap­ Mr. SP.A.RKMAl~. It is about 6,000,000 tons on the lower plause.] \Ye have been repaid many times over for the money river, and-- we have expended on our navigable waterways. I have heard Mr. MANN. That is about half as much as comes into a little it said that for every net ton of water-borne commerce in this harbor in my district. country there is a saving of $1 to the shippers, the pro­ Mr. SPARKMAN. And with 2,000,000 tons more on the ducers, and the consumers throughout the land. Now, con­ upper teach makes eight or nine million in all. That is a very sider, Mr. Chairman, tllat not a single river or harbor in its respectable tonnage. natural state would have been capable of accommodating modern Mr. MANN. I say that is half as much as comes into a har· commerce, and that many of them even now can not fully meet bor in my district. modern commercial requirements, and it is easy to appreciate Mr. HARDY. Mr. Chariman, will the gentleman allow me to the great benefits that have accrued, and will continue to ask him a question? accrue, to the people by reason of this great work. Why, Mr. · The CHAIRMAN. Does the gentleman from Florida yield to Chairman, with three years of such a saving and estimating to the gentleman from Texas? this tonnage at 300,000,000, a conservative figure, the Amer­ Mr. SPARKMAN. Yes; I yield to the gentleman. ican people would be more than repaid the $700,000,000 ex­ Mr. HARDY. Would not that tonnage on the Mississippi pended on waterway improvement since the beginning of our River be many times multiplied if the r;ailroads were forbidden Government. Let us then, Mr. Chairman, not strike down, or hy a statutory law from adopting cutthroat competitive even retard, this great work; but rather let us carry it on methods and if that river were allowed to carry its natural conservatively but steadily to completion, assured as we may tonnage? well be of the approval of an intelligent and progressive con­ Mr. SPARKMAN. I think that would make considerable stituency. [Applause.] difference. Mr. Chairman, I will be glad now to yield for any questions Mr. ~. That would raise the freight rates. However, gentlemen of the committee may see proper to propound. I believe in the principle of improving the Mississippi River. Mr. MANN. Mr. Chairman-- Mr. MOORE. Mr. Chairman, will the gentleman yield? The CHAIRMAN. Will the gentleman from Florida [Mr. The CHAIRMAN. Does the gentleman from Florida yield to SPARKMAN] yield to the gentleman from Illinois? the gentleman from Pennsylvania? Mr. SPARK~IAN. I wi11. Mr. SP.A.RKMAN. Yes. l\Ir. MANN. In reference to the Mississippi River improve­ Mr. 1\lOORID. No tolls are charged on the commerce that ment, which the gentleman has explained so fully, what benefit navigates the Mississippi River? is there to anybody by making the improvement? Mr. SPARKMAN. None. Mr. SP.ARKMAN. The MiSsissippi River? Mr. MOORE. And none, I believe, are charged anywhere Mr. MANN. Yes. else, except on the Delaware & Raritan Canal, which is owned Mr. SPARKMAN. To what part does the gentleman refer? by the Pennsylvania Railroad Co., and on the Chesapeake & Does he refer to any particular part, or to the river as a whole? Delaware Canal, which is owned by a private corporation. · Mr. MANN. The gentleman referred to the expenditure of Mr. SPARKMAN. There is little tonnage on the Raritan $150,000 within the next eight years, and $100,000,000 more Canal, but a good deal on the Chesapeake & Delaware CanaL after a while. That is the improvement I am referring to. Mr. Chairman, I ask unanimous consent to extend and revise l\Ir. SP.ARK IAN. Mr. Chairman, I think the people will reap my remarks in the RECORD. There are a good many papers I a very great advantage from the improvement of that river. wanted to read here, but time will not permit. I would like to Mr. MANN. What people? include them. 1\Ir. r! p ARKMAN. The whole people. There are several The CHAIRMAN. The gentleman from Florida [Mr. SPARK­ stretches of that river. I suppose it is the lower reaches to MAN] asks unanimous consent to revise and extend his remarks which my friend is referring more particularly? in the RECORD. Is there objection? Mr. UANN. No. I am referring to the whole river. Will it There was no objection. be an improvement to commerce, or is it a local improvement Mr. SPARKMAN. Mr. Chairman, how much time have I for the benefit of the people? consumed? Mr. SPARKMAN. So far as the Government is concerned, The CHAIRMAN. The gentleman has consumed 47 minutes. the improvement is solely in the interest of navigation, because Mr. SPARKMAN. Will the gentleman from Washington [Mr. in the item for the improvement of the lower river, which is HUMPHREY] use some of his time now? under the jurisdiction of the Mississippi River Commission, ex­ Mr. HUMPHREY of Washington. Yes. Mr. Chairman, I tended by a provision in this bill to Rock Island, Ill., there is yield 40 minutes to the gentleman from California [Mr. KAHN]. a provision prohibiting the engineel's from spending any money The CHAIRMAN. The gentleman from California [Mr._ on levees or revetments unless they are satisfied it will be in KAHN] is recognized for 40 minutes. the interest of navigation. AGAINST REPEAL OF CANAL-TOLLS EXEMPTIO~. Mr . .MANN. If we are to spend $250,000,000 or $350,000,000 Mr. KAHN. Mr. Chairman, on March 5, just a year and a on the Mississippi River for the ben~fit of navigation, does the day after his inauguration, the President appeared before a gentleman think we ought to pass tolls for the benefit of the joint session of Congress in this Chamber and made an astound­ river? ing plea for the repeal of tb,at provision of the Panama Canal Mr. SPARKMAN. I do not. act of August 24, 1912, which exempts vessels engaged in the Mr. MANN. I hope the gentleman will retnember that later: coastwise trade of the United States from payment of tolls. In Mr. SPARK~. I do not believe we should charge tolls on fact, it was not a plea-it was a supplication. any harpor or waterway on the ConUnent of America. In that address -he used this remarkable language: l\Ir. MANN. I agree with the gentleman as to that. We ought to reverse our action without raising the question whether Mr. SPARKMAN. It is not necessary now to go into another we were right or wrong, and so once more deserve our reputation for discussion in regard to that matter, and-- generosity and the redemption of every obligation without quibble or hesitation. Mr. MANN. The gentleman stated "on the Continent of I ask this of you in support of the foreign policy of the administra­ America." I suppose he understands that the Isthmus of tion. I shall not know how to deal with other matters of even greater Panama is included in that designation. delicacy and nearer consequence if you do not grant it to me in un­ Mr. SP ARKl\IA.N. I said " the Continent of America." I grudging measure. meant by that the continental domain of the United States. Mr. Chairman, the President and his official advisers in the Mr. MANN. There is no distinction in principle, so far as Department of State alone are responsible for the foreign policy commerce is concerned. of the administration. They alone have formulated and ad­ Mr. SPARKl\IAN. I think there is. ministered that policy. If there has been any ineptitude in the Mr. 1\l.A.NN. The gentleman has a proposition up for con­ administration of that policy, they alone are responsible. What sideration that involves the question whether we shall spend have been the fruits of that policy? Misunderstanding, dis­ $250,000,000 on the Mississippi River in the interest of com­ trUBt, vacillation, humiliation. This greatest of all the world's merce, yet everybody knows that the interest on the money Republics has grown to be, in one brief year of Democratic ad­ would pay the freight on every ton of commerce that will go ministration, the pariah of the nations. [Applause on the Re­ en the Mississippi River, or you could send it by rail. The publican side.] Under the blight of its foreign policy we stand question is whether or not we should do that and charge tolls. to-day isolated, deserted, alone. It is a humiliating confession, I do not think we ought to. but its truth can not be gainsaid. Mr. SPARKMAN. Does the gentleman know what the ton­ We are calmly told not to consider whether we be right or nage on the Mississippi River is? wroDg in our interpretation of the Hay-Pauncefote treaty. As 191~ C_ONGRESSION AL -RECORD-HOUSE. 5013 a matter of expediency, and in ·order to save the face of the u right or wrong"? Did she exercise t.h:lt spirit of generosity administration, we ought to forego om· rights--so says the which our President commends so highly to our people? Did President-no matter what great economic or governmental she abandon her policy "in the face of that protest," as Sir principles may be involved-principles that may vitally affect Edward claimed in his note to the British umhassador at Wash­ the prosperity and the welfare of the American people. ington? Not at all. Let me recite briefly the facts that led to 1\'e have expended $375,000,000 and sacrificed many lives in the change of heart that came over the British Government. the accomplishment of the greatest of the world's engineering Under the treaty of 1871 certain canals in Canada and the feats; but, according to the President, we should be generous United States were to be opened reciprocally to the ships and and abjectly yield our rights in support of the foreign policy of citizens of the two countries upon equal terms. The Canadian the administration. We ought not to exercise rights of owner­ tolls were fixed annually by orders in council. Wheat and other ship; we should be content to become a simple caretaker, a mere grains -passing through the Weiland Canal paid a rate of 20 guar

be regretted, but it forms no ground for a charge that either He is evidently forgetful or unmindful of the fact that some country in maintaining its own views proceeds with a disregard noted English authorities have asserted the absolute soundness of Eolemn obligations." of our position. But even if all the world held we were in the 1 commend th:J.t language to those among you who are so wrong and we still believed we were in the right, it ought to be fearful that our national honor will be tarnished if we refuse our proud boast that knowing the right we dare maintain it. to follow the lead of the President in abandoning an Americau [Applause.] policy adopted by a former Congress, approved by a former Sirs, the principles of truth and right are eternal. They President of the United States, promulgated by a former Secre­ should not be discarded at the whim of those who occupy lofty tary of State, and fully justified by an overwhelming majority stations. We can afford to be generous on occasion. We have of our countrymen. always been generous in our treatment of the nations of the Mr. Chairman, the President himself, when he was pleading earth during all our history. .A.s I pointed out when this ex­ for the votes of his countrymen, approved the soundness of our emption question was pending here in 1912, we have performed position on the question of tolls exemption in the Panama innumerable acts of altruism during our brief history. But no Conal for American vessels engaged in the coastwise trade. request of any President, based upon the mere matter of ex­ Speaking to a gathering of New Jersey farmers at Washington pediency, will ever deter me from doing my duty to my country Park in that State on August 15, 1912, he said: in accordance with my own conception of duty to my country. One of the great objects in cutting that great ditch across. the [Applause.] Mr. Chairman, if, in the past, men had sacrificed Isthmus of Panama is to allow farmers who are near the Atlantic to ship to the Pacific by way of the Atlantic ports, to allow all tbe farm­ their honest convictions on great principles to expediency, the ers 011 what I may, standing here, call this part of the continent, to world's progress would have been seriously retarded. find an outlet at ports of the Gulf or the ports of the Atlantic seaboard, The patriots of the Revolutionary period could have pur­ and then have coastwise steamers carry their products down amund through the canal and up the Pacific coast or down the coast of South chased their peace with England easily, if they had been content America. to pay a trifling tax on tea, just to acknowledge the right of tlle Now, at present there are no ships to do that, and one of the bills mother country to levy such a t..'lx. But they believed in the pending-passed, I believe, yesterday by the Senate as it had passed the House-provides for free toll for American ships through that canal soundness of their doctrine, that taxation without representa­ and prohibits any ship from passing through which is owned by any tion is tyranny, and pledged their lives and their sacred honor American railroad company. You see the object of th!lt, don't :vou? to the maintenance of that doctrine. If they had, in a spirit of [Applause.] We don't want the railroads to compete with themselves, because we understand that kind of competition. We want water car­ generosity, and as a matter of expediency, withdrawn from their riage to compete with land carriage, so as to be perfectly sure that you position, the world might never have known the true value and are going to get better rates around the canal than you would across benefit and glory of government of the people, by tlle people, the continent. The farmers of this country are, in my judgment, just as much con­ and for the people. [Applause.] · · cerned in the policy of the United States with regard to that canal as Mr. Chairman, generosity is one of the noblest attributes of any other class of citizens of the United States. Probably they are man; but we are taught in equity we must be just before we more concerned than any other one class, and what I am most desirous to see is the farmers of the country coming forward as partners in the are generous. Sirs, that is a good, a safe, a wise rule of action, great national undertakings and take a wide national, nay. interna­ not alone for individuals but also for nations. But the gift tional, view of these great matters, feeling all the pulses of the world we are now asked to make to mankind is evidently not intended that beat in the great arteries of their own life and prosperity. Every­ thing that is done in the interest of cheap transportation is done to be a voluntary offering. It is to be given under duress­ directly for the farmer as well as for other men. So that you ought under coercion. It is not even a gift; it is rather to be in the not to grudge the millions poured out for the deepening and opening of nature of a fee, a price to buy the friendship of England in old and new waterways. * * * Our platform is not molasses to catch flies. It means business. It order that the administration may have her support in its for­ means what it says It is the utterance of earnest and honest men, eign policy. And we are plainly told that unless we give it in who intend to do business along those lines and who are not waiting to see whether they can catch vote with those promises before they deter­ ungrudging measure the Chief Executive shall not know how mine whether they are going to act upon them or not. to deal with other matters of even greater delicacy and nearer They know the American people are now taking notice in a way in consequence. Sirs, fliendship thus bought is never worth the which they never took notice before, and gentlemen who talk one way and vote another are going to be retired to very quiet and private cost, for it is never lasting. Does anyone believe that we will retreat. be bettering our standing before the rest of mankind by yield­ Surely he does not want his words to be understood as having ing to the President's importunities? Will our action not be a been only "molasses to catch flies"? And yet when we con­ coruession that we have heretofore been guilty of an net of tl'ast his preelection utterances upon this subject with his national dishonor? I, for one, deny the imputation carried in address of l\farch 5 we can come to no other conclusion. Surely the President's recommendation. Does he believe that by the President of the United States would not stoop to play the tamely submitting to the demands of a competing nation for rOle of a mere opportunist? Surely he was sincere when, in the exaction of a toll from our vessels in the coastwise trade, speaking of the free-tolls plank of the last Democratic national with which vessels under our laws those o-f no other country in pia tform, he said : the world niay compete, we will be adding luster to American Our platform is not molasses to catch flies. It means business. It achievement? Does he believe the relinquishment, "right or means what it says. It is the utterance of earnest and honest men, wrong," without ev'en a chance to arbitrate the question before who intend to do business along those lines and who are not waiting a proper tribunal, will tend to dignify us .and raise us to a to see whether they can catch votes with those promises before they determine whether-they are going to act upon them or not. higher station in the family of nations than 've have heretofore They know the American people are now taking notice in a way in occupied? If he believes these things, he will awake to a -reali­ which they never took notice before, and gentlemen who talk one way zation of the fact that he has been indulging in fatuous delu­ · and vote another are going to be retired to very quiet and private sions. The real effect of his policy will result in additional retreat. demands. "There shall be no fortification of the canal " will And yet the manner in which the planks of that platform are undoubtedly be the next command. If those who contend we being ripped up, one by one, might well give rise to tlle sus­ have no light to exempt American vessels in the coastwise picion that they were indeed intended as "molasses to catch trade under the Hay-Pauncefote treaty be light, I do not see. flies." We have seen the civil-service plank badly shattered in under their contention, where we get the right to fortify the the provision in the urgent deficiency bill, approved by Presi­ canaL Fortification is the corollary of exemption. And it \vill dent Wilson October 22, 1913, exempting deputy internal-revenue be contended that the Senate, having voted down an amendment collectors and deputy marshals from the civil-service laws and to the Hay-Pauncefote treaty providing for fortifications. the regulations. We have seen the plank compelling the publication action of our Government in constructing fortifications at either of the names of indorsers of appointees to the Federal comts end of tile canal is in violation of the principles of neutraliza­ chopped into kindling wood. We are now witnessing the attempt tion as contemplated by the treaty, and must be discontinued. of the President and his followers to completel:r destroy the M:r. Chairman, it is true the Senate did vote down I';UCIJ an plank for the exemption of coastwise ships from the tolls pro­ amendment. It is_ also true that the Senate voted down the vision of the Panama Canal act. And all, all despite tlle fact Bard amendment for the free passage through the can a I of that prior to the presidential election of 1912 the present Chief .American coastwise vessels. But practically every Senator Executh·e emphatically and positively proclaimed that his party who was present at that time and has discuEsed the matter "platform is not molasses to catch flies. It means business. It admits that action to have been predicated on the understand· means what it says. * ·~ * And gentlemen who talk one way ing that no such amendment ""as necessary, as the United and vote another are going to be retired to very quiet and States had the undoubted right to legislate for such exemption. private retreat." The late Cushman K. Davis, of Minnesota, then chairman of In his recent address to Congress the President said: the Committee on Foreign Relations of the Senate, so stated to Whntev2r may be om· own differences of .opinion concerning this his colleagues. He had the undoubted confidence of his fellow much-debated measure, its meaning is not debated outside the United States. EverywherE' else the language of the tt·eaty is given but one Senators. He had been one of the peace commissioners on interpretation, and thnt interpretation precludes the exemption I am the part of the United States in negotiating the treaty of asking you to repeal. Paris of 1898, after the War with Spain. He was regarded as 1914. CONGRESSIONAL -RECORD-HOUSE. 5015 an expert in matters affecting our foreign relations,· and his This telegram was sent -on the day before Admiral Hoskins, assurances thn.t we had the right to legislate for free tolls for of the British Navy, despite a vigorous circular of protest from our coastwise vessels undoubtedly had the effect of causing the the canal company, took possession of the canal and its de­ defeat of the Bard amendment. So it was in the matter of pendencies. Lieut. Commander Goodrich, in his report to our the canal's fortification. And to fail to properly fortify the Government; made this observation in coinmenting on England's approaches to the canal would, in my opinion, prove us guilty action in this matter: of criminal carelessness. The inference to Americans is obvious that the neutrality of any canal The Panama Canal will change the trade routes of the world, joining the waters of the Atlantic and Pacific Oceans will be maintained, if at all, by the nation which can place and keep the strongest ships just as did the Suez Canal. The latter was a private enter­ at each extremity. prise, carried to a successful conclusion by. Ferdinand de In order to impress our Navy Department with the impor­ Lesseps, a French engineer, who had secured a concession for tance of this suggestion our representative italicized every word its construction fi·om Said Pasha, Khedive of Egypt, in embraced in this comment. 1854. Subsequently England purchased the stock of Ismail l\fr. Chairman, it seems to me that our duty is plain. We Pasha, who had succeeded Sa1d Pasha as Khedive, and thereby must not recede from our position, either as to free tolls for acquired an interest, though not a controlling one, in the Suez American ships in the coastwise trade or as to the fortification Canal. In 1882 a revolt against the then ruler of Egypt, Tewfik of the canal. Pasha, was led by Arabi Pasha, an officer in the Egyptian Army. It would be much easier and far more desimble for the ad­ England sided with the Khedive, Tewfik Pasha. In the whirl ministration to change its foreign policy than for us to abandon of time we are apt to forget these incidents, and I deem it our undoubted rights in the canal which we have built without proper and timely to recall them at this moment, when we are foreign assistance, financial or otherwise, for the benefit of the nearing the completion of our Government's canal at Panama. world's commerce. It is conceded by all that we have the un­ Wilfrid Scawen Blunt, at one time attached to the English doubted right to pass our ships of war through the canal free of diplomatic service, in his book entitled "Secret History of the tolls, even though we charge tolls on the warships of every other English Occupation of Egypt," contrasting the English diplo­ nation. In my opinion, that concession determines the entire macy of the period immediately succeeding the Crimean War controversy. If we can, under the treaty, favor our own ships with English diplomacy of more recent date, says: of war, we can also favor our own ships of commerce, for the It was essentially pacific, unaggressive, and devoid of those subtleties very paragraph relied on by our opponents to uphold their po­ which have since earned it a reputation of astuteness at the cost of its sition speaks jointly of "the vessels of commerce and of war honesty. of all nations." And I do not doubt that the overwhelming majority of my We are manifesting our generosity by charging our vessel~ countrymen will not question English astuteness in that coun­ of commerce in the foreign trade identically the same tolls that try's dealing with the Panama Canal question. She was equally we are charging the vessels of commerce of all the great mari­ astute in 1882 in dealing with the Suez Canal question. That time nations of the world. These nations, under existing law, great waterway was also supposed to have been neutralized. can not compete with our ships engaged in our coastwise trade. While ·there was no specific treaty on the subject in 1882, it They are therefore not injured financially or otherwise. But was tacitly understood and agreed by all maritime nations that the citizens of the United States, in their desire to foster gen­ the canal should be free and open to the vessels of commerce uine and legitimate competition between the railroads and the antl of war of all nations on terms of entire equality. Arabi waterways of our country are amply justified in demanding Pasha, in revolt against his sovereign, and claiming to be the that the existing law be not repealed. There must be no abject rightful ruler of Egypt, had been urged by his confederates to surrender. There must be no subserviency. There must be seize the canal for strategic purposes. This Islamite chie:t:, in notice to the world that while the people of the United States response to de Lesseps's appeal against such action, replied: ha>e always stood for fair dealing and honesty in their inter­ As I scrupulously respect the neutrality of the canal, especially in national relations, they will not yield, under pressure, a prin­ consideration of its. being so re.markable a work, • • • I have the ciple which they believe to be absolutely right. As was said honor to inform you that the Egyptian Government will not violate that neutrality except at the last extremity and only in the case of the Eng­ on another occasion when humiliating propositions were made lish having committed some act of hostility at Ismailia, Port Said, Ol' to the accredited representatives of this Republic when she was some other point of the canal. but a weak and struggling member of the family of nations, All honor to that Mohammedan chief, who respected the rights. "Millions for defense, but not one cent for tribute." [Applause.] of its neutrality in refusing to attack or destroy the canal to 1\Ir. HUMPHREY of Washington. Mr. Chairman, I yield 20 gain even a military advantage. minutes to the gentleman from Pennsylvania [Mr. MooRE]. England's officers also knew of the canal's neutrality. Capt. Mr. MOORE. Mr. Chairman, the President of the United GilJ, an English officer, kept a diary of his activities during the States has asked Congress to repeal that paragraph of the Egyptian insurrection in 1882. On August 5 he went down the Panama Canal act which provides for free tolls to American canal with another officer to Suez, but stopped at Ismailia to ships. In his address the President said, " I shall not know discuss with a 1\Ir. Pickard the best route to choose for cutting how to deal with other matters of even greater delicacy and the telegraph. He learned there were three routes, one being nearer consequence if you do not grant it to me in ungrudging from Gisr or Kantara, but scrupulously notes in his diary that measure." It is evident the President's embarrassment arises this is objectionable as violating the neutrality of the canal. from his interpretation of the Clayton-Bulwer treaty of 1850 But did England eventually scruple about such a violation of and the carrying over of certain stipulations of that treaty into neutrality? Oh, no. When it served her purpose to seize the the Hay-Pauncefote treaty of 1901. As the President reads these canal for military purposes, she promptly did so. During Sun­ treaties the United States will suffer in good repute at home day1 1\Io.nday, and Tuesday, August 20~ 21, and 22, respectively, and abroad, if it shall permit the vessels of this country to she violently took possession of the Suez Canal, and for those pass through . the canal free of tolls while tolls are levied three days refused all vessels, even those of the canal company against the vessels of other nations. itself, the right of entering or leaving that waterway. She or­ Without citing the findings of great minds that have under­ dered all shipping tied up at the gares or ' widenings in the taken to interpret the treaties at variance with the President's canal, notwithstanding its avowed neutrality. Contrast Eng­ views, it is exh·emely difficult, in the light of such information land's action with that of the Islamite, Arabi Pasha, and ask ·as the President has submitted to the House, to agree that the yourselves whether we would be doing our duty to ourselves, Government has reached the limit of its resources in diplomacy our country, and its future generations if we were to recede and that all doubt is to be resolved in favor of Great Britain. from our determination to fortify the canal. The Government The United States has undertaken peacefully and with its own of the United States had detailed Lieut. Commander C. F. Good­ money to con:>truct a canal at Panama for the welfare of the rich, of our Navy, now rear admiral, retired, to observe the nations of the world. That all nations shall use the canal on developments · and progress of that campaign. He made a long equal terms may be conceded as the benevolent purpose of the and exhaustive report to the then Secretary of the Navy, Hon. people of the United States in constructing the canal. Are we William E. Chandler, in which he quotes a telegram from M. de now to vote them out of their right to regulate and manage their Lesseps, dated at Ismailia, August 19, 1882. This telegram internal affairs through and upon the canal? This apparenlly reads:· will be the effect of favorable action on the question of repeal. The English admiral at Sue-z informs the company's chief traffic agent Not this only, but we are to concede that it is also our duty to that in consequence of orders from his Government he forbids, until the pay the maintenance cost of the canal' for the benefit of other receipt of further orders, any ship, large or small, even the company's nations forever, no matter how great the tax upon our own boats, to enter the canal, and he will resort to force to prevent anv attempt to contravene these orders. The admiral, moreover, has placed people may become. a g~boat at the mouth of the canal. I have protested against this act The ad,ministration's policy in this regard may be consistent of violence and spoliation. in honor, but, unhappily, it is also consistent in this, that

LI-317 5oi6 CONGRESSION At -RE.CORD-ROUSE. 1\{A.RCH 17,

1 w'hereas we app~r to ha\e assumed the right to intetTene in as efl'ectiYe against Gr~t Britain as 1t was against us-Great the internal affairs of the people of Mexico by didating who Britain, in the Hay-Pauneefote treaty, did finally concede to the shall be tbeir President, therefore Great Britain has the right United States not ()nly the right to const'fnct the .canal bnt to intenene in our internal affairs by dictating the kind of !·ield.ed to "the exclusive right of providing .:for the regulation treatment the United States shall accord to its own ships. and management of the cnnal,. For one, I am not prepared to admit that either policy is right, ' In making that eoncession, which wa the one vital thing the nor do I believe that up to date, in either of these transactions, United States contended for, Great Britain may be sflid to hn.ve the honor of this country has any 'fery g1.·eat advantage over its accepted consideration for the allegro ·'-'mortgage" lit hekl in humiliation. the Clayton-Bulwer treaty, in that it received assurance of the 'Vhat is the duty of Congress with respect to this repeal of construction without cost to itself of a canal for whieh it had the free-tolls provision? So far as the House of Representa:- been waiting for centuri.es .and from which it would derive tre­ tives is concerned, it is brought unfairly into this controversy, mendous benefit. Moreoyer it left the United States free to for it had no part in making the Clayton-Bulwer treaty, nor in provide for the "regulation .and management of the canal." It continuing its provisions in the Hay-Pauncefote treaty. Yet is true there was to be ~, • no discrimination against any such the House is told by the President that it ought to undo legis- nation," and so forth, but still the United Stutes was to ha¥e lation it assisted in enacting for the people whom it directly "the exclusive t•ight nf providing for the regulation ttnd man- .represents, because a moral obligation was laid upon the Na- agement of the canaL'-' . tion in 1850 by diplomatic and senatorial .action and was re- Having thus withdrawn from or been relie,ed of pnrticipa- newed by the same agencies in 1901. tion in any '€x:Pense of construction or oper....'ltion, Gre< t Britain The morn.l obligation by which the American N11tion is sup- conceded to the United States "the exclusive right" to regu­ posed to be bound, and in which the :Uembers of the House of late and manage the cn.nal. We beard no complaint 'When the Representatives had no voice, .appears now to have carried United States conceded t<> P.anama by treaty the right of free with it the right of Great Britain to estop the representatJves passage 1or its vessels through the canal; neither was there <>f the American people from giving free passage to ~er1can complaint, so far as we know, that the United States had on­ merchant vessels and men-of-war through a canal which the dertaken, at its own expense, t<> fortify the eanal. The only people of the United States built with their own money and to question that has been rais.ed is that of tolls, upon which the whom in the Hay-Pauncefote treaty "the exclusive right of President has addressed the Congress. providing for the regulation a.n.d management of the canal" Shall the bill that ·has been introdU:Ced for the repeal of the .was expressly conceded. free-tolls paragraph be passed? For one I am not now pre- In trying to reach a solution of the question presented to us pared to vote for it. Valuing the honor of my country and be­ by the President, I do not intend to criticize the motives of lieving it should keep its plighted word, I am not yet satisfied Great Britain in holding fast to a good bargain, nor do I that my country is in the wrong or has not kept its word. intend to concede that American diplomats made a bad one. The United States in constructing the Panama Canal has The United Stn.~es wanted t? bu.fid the canal at _Nicaragua, o.r accomplished the ~ngineering marvel <>f the ages. It has ex­ Panama, and did finally build 1t at Panama w1th the acqm- -pended its treasure and given up the lives of many of its escence of Great Britain as expressed in the Hay-Panncefote patriotic sons in order that all the nati{)ns of the earth shall treaty which "superseded" the Clayton-Bulwer treaty. reap the advantage of it. In p1.·oviding a -canal from <>cean to We could not build the canal under the Clayton-Bulwer treaty ocean the United States conh·ibutes to the commerce of the without the consent of Great Britain, but that embargo wa.s world a saving of thousands of miles of sailing delay and risk lifted in the Hay-Pauncefote treaty, and it .was agreed "that in treacherous seas. It has changed the map <~f the world so the canal may be constructed under the .au.sp1ce.s of the Govern- that the nations will be brought into closer relationship and ment ·of the United States," .and the United States "shall have civilizu.tion generally will be vastly improyed. In ~ short, the ,and enjoy all the rights incident to such construction, as well United States, an.d the United States alone, has brought to a as the exclusive right of providing for the regulation and man- realization the dream of the ages in geography, in commerce, agement of the canal.~' _ and in human aehi~vement Great .Britain did not object to our " .exclusive right"· to pro- Great .Britain it is believed will share in the advantaO'es of \ide for tile :regulation and management of th~ canal, which. it this stupendous' work more than will the United States. o Ger­ ngreed we should c~struct. ~o that exte~t tt put the entire many .also will doubtless be a greater· beneficl:lry {)f commercial burden of const~ucti?n•. ope~atwn, and ~~~nance upon .the results. Germany and England and all oilier nations will ha--re United States. Nor did 1t obJect to the acqms1tion by the Umted the protection of the United States in the use of the crin.al. Stau;s of th~ P~m~ Oanal Zone for the purposes of the ~al; They will pass through it .at the eA1Jense of the United States, bnt 1t now msrsts, rn effect, that the Congress of the UIDted which consb.·ucted. and owns it. Is it Tea onable that any treaty :States has no right to exempt American ships engaged in the drafted in the interest {)f universal peace as the treaty of. 1.850 eoastwise trade from the to~s levied upon the ships of ?ther was supposed to have been, should be cons'trued to bar ihe owner nations using the canal. It lS upon this ground the President of this the world's greatest engineering undertaklng from its invokes the rep~ of the free-toll~ clause. . . own property? What are we gomg to do .about rt? Gr.eat Bni?lln stands upon Mr. Chairman, I d{) not plead for the ex.emption of American the paragraph of the Hay-Panncefote treaty which says: ships because they ought not to pay tolls; perhaps they might be The canal s~all be fr~ and open to the vessels of co~erce ~nd of made to aid in bearing the burden of .operating the canal. That war of ull nations observmg these rules, on terms of entire equality, .so . . . ' 1:hat there shall be no discrimination a"'ainst any sncn nation. however, rs not the questiOn. Shall the regulation of the Amer- And 80 forth. .. i?~ ships using the ~ru;tai-ships that do ~ot come into compe- The President puts it up to Congress as a question of honor. tition ~lth Great Bpt~m or any o~er ~at;ion-~e 1·egulate~ by It is contended by some that England had a "mortgage'" on the .urut~d States rn lt~ own way· Or, rn .~Pite of the ex­ the United States by \ir.tue of concessions made to the United clu~ve right 0.f regulation and manag:ment conceded. to the States at the time of the Clayton-Bulwer treaty, and that the ~mted .stat~ m the Hay.-Pauncefote .treaty,.. sh~ ~at right b~ Hay-Pauncefote treaty revi.\ed that "mortgage." In a memo- mt~rfered with .or questioned by Great .Bntain or any other randum to L<>rd Pauncefote, August 3, 1901, Lord Lansdowne, nation? . . . . presenting Great Britain's objections to certain of Secretary I do" not see how, att;er g1vm~ G~eat. Bntmn the use of. the Hay's amendments, referred to the Clayton-Bulwer convention canal on terms of. entrre ~quahty ~1th those of all :r:abons, .as ·• an international compact of unquestionable Yalidity," which ~e can go ~t~· m this mst.aJ:Lce without ~cknowledgrng the he said "could not be abrogated or modified save with the con- :ng~t of foreign mterf~rence with thos.e. shlp~ of Uncle... Sam sent of both parties to the contract." Further on in the same whrc~ seek the use ~f his own gre~t mantune htghway. ~or do memorandum lle said that while His Majesty's Government hacl I beh~ve the AmeriCan ~ople wip. tolerate the delegation of an "earnest desire to .meet the views of the United States and that 1·1ght to any other nation. It ts 1or us to regulate <>Ul" own would sincerel_y regret a failure to come to an amicable ~der- ships on our own territory. standing," and so forth, they "})referred, as mattex·s stood, to Mr. Chairman, in my opinion the administration has n<>t ex­ retain unmodified the provisions of the Clayton-Bnlwer com·en- hausted all the me:ms tits rommand to settle this controyersy tion." without embarrassing Congress. Unless our diplomacy is -en- In other words, the Clayton-B_ulwer treaty would stand for- tir.ely awry. there is still recourse by which a national humili­ ever, as Great .Britain viewed it, whether the canal was con- ation may be a\Oided. Tbere is something more than ' the structed or not. pound of flesh denominated in the bond." Nevertheless the United States pressed its diplomatic negotia- We haye given much to Great Britain as recompense for any ±ions, and notwithstanding the 50-year-o1d "mortgage" 'which consideration she may h ve yielded us in 1850. We have con­ Great Britain had recorded against the United States tn the tributed to the peace of nations in Cuba and the Philippines. Clayton-Bulwer treaty-a mortgage, by the way, which was just We ha\e contented ourselves with home affairs, while Great 1914. CONGRESSIONAL RECORD-HOUSE. 501 ;~.

Britain and Germany have taken the trade of South America. The motion was agreed to; accordingly (at 5 o'clock and 5i We have kept the foreign nations from going to war against minutes p. m.) the' House adjourned until Wednesday, March 18, that business. We haye lowered our American tariffs to their 1914, at 12 o'clock noon. great advantage. And, lastly, we have built a canal to link up the Atlantic and the Pacific, more apparently, for their com­ EXECUTIVE COl\lMUNICATIONS. mercial benefit than for our own. Surely we have done some­ thing to earn the "exclusive right" to regulate and manage the Under clause 2 of Rule XXIV, executive communications canal. Surely we have done enough to induce the Department were taken from the Speaker's table and referred as follows: of State to make another effort to relieve the United States of . 1. A letter from the Secretary of the Treasury, transmitting the perpetual obligation it is asked to impose upon itself. If copy of a communication from the Secretary of the Navy sub­ the canal is good for Great Britain or any other nation and is ~Itt1ng an estimate of appropriation in the sum of $400,000 for to be subject to the supervision of Great Britain, why should high-power radio stations (H. Doc. No. 837) ; to the Committee all the expense of construction and maintenance be borne by the on Naval Affairs and ordered to be printed. United States alone? The best peace arrangement the world 2. A letter from the Secretary of the Treasury, transmitting has ever known presents itself in the neutralization and joint sup~lemental estim~te of appropriation for salaries, office of operation of the Panama Canal. This should appeal to the De­ Auditor for the Interior Department, for the fiscal year ending partment of State as a cause for further diplomatic negotia­ June 30, 1915 (H. Doc. No. 838); to· the Committee on Appro· tions. priations and ordered to. be printed. If the canal is to be a world's enterprise for the use of all 3. A letter from the Secretary of the Treasury inviting nations, and the United States, which owns it at a cost of attention to estimates for salaries, office of the Secr~tary, and $375,000,000 and operates it an annual outlay on one account recommending an appropriation for an executive clerk in the or another of $25,000,000, is not to have the use of it for the office of the Assistant Secretary for the fiscal year 1915 (H. Doc. ships of its own fleet, would it be inconsistent with the honer No. 839) ; to the Committee on Appropriations and ordered to of other nations who use it to assist in paying for it? Let the be printed. Department of State think this over. Or, if the administration still reads the treaties as binding REPORTS OF COMMITTEES ON PUBLIC BILLS AND the United States only to perpetual servitude in a hazardous RESOLUTIONS. and expensive enterprise, what may be said of the power of Under clause 2 of Rule XIII, Great Britain under either the Clayton-Bulwer or Hay-Paunce­ Mr. TAYLOR of Colorado, from the Committee on the Public .fote treaties to compel the United States to open and operate Lands, to which was referred the bill (H. R. 1633) granting the canal if it chooses to keep it closed? Here is a phase of the certain coal lands to the city of Gr·and Junction, Colo., reported diplomatic situation I have not seen discussed anywhere in the the same with amendment, accompanied by a report (No. 399), treaties or correspondence. Suppose the resources of the United which said bill and report were referred to the Committee of States should some time be found inadequate to operate the the Whole House on the state of the Union. canal. . Or suppose, for some other reason, the Congress should determme to close it. Is there anything in the treaties to com­ pel the United States to operate the canal? REPORTS OF COMMITTEES ON PRIVATE BILLS AND Or suppose the United States should undertake to grant its RESOLUTIONS. rights in the canal to Germany or some other power having Under clause 2 of Rule XIII, private bills and resolutions large interests in South America. Is there anything to stop it? were severally reported from committees, delivered to the Clerk, These and other questions that suggest themselyes to the and referred to the Committee of the Whole House, as follows: lay mind. I lerlve for possible diplomatic consideration. even Mr. EDMONDS, from the Committee on ClaimS, to which though it be deterrnii!ed by those who have the power so. to do was referred the bill (H. R. 7048) making appropriation for to vote away the one exclusive and patriotic right which most the relief of C. Jensen for injuries sustained from forest team, American citizens believed to have been reserved to the United reported the same without amendment, accompanied by a report States in its monumental world benefaction-the Panama Canal. (No. 400), which said bill and report were referred to the [Applause.] Private Calendar. Mr. PETERS of Maine, from the Committee on Claims, to Mr. SPARK:\L~~. Mr. Chairman, I move that the committee do now rise. which was referred the bill (H. R. 12778) for the relief of The motion was agreed to. W. D. Stoyer, administrator of the estate of Henry S. Stoyer, The committee accordingly rose; and the Speaker having re­ reported the same without amendment, accompanied by a report (No. 401), which said bill and report were referred to sumed the chair, Mr. ALEXANDER, Chairman of the Committee of the the Whole House on the state of the reported that that Private Calendar. Union~ Mr. EDMONDS, from the Committee on Claims, to which com.J?ittee had ?a~ under consideration the bill (H. R. 13811) mnkmg appropnatwns for the construction, repair, and preserva­ was referred the bill (H. R. 1138) for the relief of Helen Wake­ tion of certain public works on rivers and harbors, and for other field, reported the same without amendment. accompanied by a purposes, ancl had come to no resolution thereon. report (No. 402), which said bill and report were referred to the Private Calendar. ENROLLED BIIL SIGNED. l\fr. l\IETZ, from the Committee on Claims, to which was The SPEAKER announced his signature to enrolled bill of the referred the bill (H. R. 7091) for the relief of C. E. Anderson, following title: reported the same without amendment, accompanied by a report S. 746. An act for the relief of Capt. Frank Parker. (No. 403), whi~h said bill and report were referred to the Private Calendar. SENATE BILL REFERRED. He also, from the same committee, to which was referred Under cln.use 2 of Rule XXIV, Senate bill of the following title the bill (H. R. 6420) for the relief of Ella U. Ewart, reported w~s taken f~·om the .sp~aker ' s table and referred to its appro­ the same without amendment, accompanied by a report (No. pnate committee, as md1cated below: 404), which said bill and report were referred to the PriYate S. 4023. An act for the relief of Waldo H. Coffman · to the Calendar. Committee on l\Iilitary Affairs. ' Mr. GARD, from the Committee on Military Affairs, to which was referred the bill (H. R. G746) for the relief of Marcus L. Pel­ USELESS PAPERS IN THE EXECUTIVE DEPARTMENTS. ham, reported the same without amendment, accompanied bv a Mr. TALBOTT of Maryland, from the Joint Select Committee report (No. 405), which said bill and report were referred~ to on the Di position of Useless Papers in the ExecutiYe Depart­ the Private Calendar. ments, to which was referred the report of the Secretary of the Mr. MOTT, from the Committee on Claims, to which was re­ Treasury (H. Doc. No. 104) and the report of the Postmaster ferred the bill (H. R. 4480) to reimburse certain fire insurance General (H. Doc. No. 576), submitted a report (No. 398) companies the amounts paid by them for property destroyed thereon, which was ordered to be printed. by fire in suppressing the bubonic plague in the Territory oi Hawaii in the years 1899 and 1900, reported the same witbou~ LEAVE OF .AB~ENCE. a~endment, accompanied by a report (No. 406), which said By nnnnimous consent, leave o-f absence was granted to Mr. bill and report were referred to the Private Calendar. CooPER, indefinitely, on account of illness. Mr. METZ, from the Committee on Claims, to which was r;e­ ADJOURNMENT. ferred the bill (H. R. 2667) for the relief of the legal represen­ tatives of Parker S. Rouse, deceased, reported the same witb Mr. SPARKMAN. Mr. Speaker, I move that the House do amendment, accompanied by a report (No. 407), which said biL now adjourn. and report were referred to the Private Calendar. 5018 CONGRESSIONAL RECORD- HOUSE. J\fARCH 1_7,

Mr. PETERS of Maine, from the Committee on Claims, to By Mr. CANTRILL: A b.ill (H. R. 14700) granting a pension which was referred the bill (H. R. 3920) for the relief of Wil- to Crockett Parrent; to the Committee on Pensions. liam E. Murray, reported the same with amendment, a.ccom- By Mr. CLANCY : A bill (H. R. 14701) granting an increase panied by a report (No. 408), which said bill and report were of pension to Charles Baxter; to the Committee on Invalid Pen- referred to the Private Calendar. sions. Mr. EDMONDS, from the Committee on Claims, to which was By Mr. COOPER: A bill (H. R. 14702) granting an increase referred the bill (H. n. 12166) for the relief of Jennie S. Sher- of pension to Charles Landon; to the Committee on Invalid man, reported the !':arne with amendment, accompanied by a Pensi-ons. report (No. 409), which said bill and report were referred to By Mr. CULLOP: A bill (H. R. 14703) granting a pension to the Private Calendar. Roscoe City; to the Committee on Pensions. · Mr. 1\!ETZ, from the Committee on Claims, to which 'was Also, a bill (H. R. 14704) granting an increase of pension to referred the bill (H. R. 4008) for the relief of Sandy Crawford, James E . Speake; to the Committee on Invalid Pensions. reported the same with amendment, a

By :Mr. S~HTH of :Minnesota: A bill (H: R. 14732) for the the widows and-orphans pension bill ; to the Committee on Pen­ relief of Clara M. Heaston ; to the Committee on Claims. sions. Also, a bill (H. R. 14733) for the relief of Silas Overmire; By Ur. CARY : Petitions of Charles Bradhering, William l\f. to the Committee on Military Affairs. Powers, Theodore Territy, Tim Keppel, Timothy_ Bremahan, By l\1r. STEPHENS of California: A bill (H. R. 14734) Donald Joncas, Ed. Donovan, Martin Hansen, Thomas Mason, granting an increase of pension to Charles H. Lederar; to the Charles Thilault, John Shara, and N. Zasmussen, ali citizens .of Committee on Pensions. Milwaukee, Wis., protesting against the passage of Honse joint Also a bill (H. R. 14735) granting an increase of pension to resolution 168 and Senate joint resolutions 88 and 50, or any Salom~ A. Nelson; to the Committee on Invalid Pensions. other prohibition meast;Ires, which will interfere in the most un­ By Mr. WILLIS: A bill (H. R. 14736) granting an increase of warranted manner with the liberties and privileges as men and pension to James A. Dowden; to the Committee on Invalid citizens, by depriving them of the right and opportunity to Pensions. habits as American citizens; to the Committee on the Judiciary. By Mr. WINGO: A bill (H. R. 14737) granting a pension to Also, petition of the Boston Store, of Milwaukee, Wis., pro­ Anna Sorrells; to the Committee on Pensions. testing against passage of House bill13660 relative to fixing sale price on manufactured goods; to the Committee on the Judiciary. Also, petition of the Master Steam and Hot Water Fitters' PETITIONS, ETC. Association, of Milwaukee, Wis., favoring passage of House bill 14228, relative to separating contracts for heating plumbing, Under clause 1 of Rule XXII, petitions and papers were laid etc. ; to the Committee on Public Buildings and Grounds. on the Clerk's desk and referred as follows: By Mr. CLARK of Florida: Petitions of J. H. R.athe and By the SPEAKER (by request) :Petition of 40 citizens of New others, of Florida, protesting ag~inst national prohibition; to York City, protesting against Dillingham-Lodge-Gardner bill, for the Committee on the Judiciary. - literacy test; to the Committee on Immigration and Naturaliza­ Also, petition of the Bank of 0-vedo, Fla., favoring change in tion. Also (by request), petitions of citizens of Leslie, 1\Io., protest­ income-tax law, relative to collection at source; to the Commit­ ing against national prohibition; to the Committee on the Judi­ tee on Ways and Means. Ry Mr. OOOPER: Petitions of sundry citizens of Wis~~in, ciary. against national prohibition; to the Committee on the Judicmry. Also (by request), petition of certain citizens of Struthers, By Mr. CRAMTON: Petitions of ~50 citizens of Po1·t Huron, Ohio, protesting against the practice of polygamy in the United Mich., and 318 citizens of Lum, Mich., favoring national pro­ States; to the Committee on the Judiciary. hibition; to the Committee on the Judiciary. Also (by request), petition of the Pittsburgh Board of Trade, Also, petition of the Michigan Society of California, protest­ favoring national prohibition; to the Committee on the Judi­ ing against repeal of canal tolls exemption; to the CoD.11Illttee on ciary. Interstate and Fot·eign Commerce. Also (by request), resolution of the ~an Francisco Democratic Also memorial of the Shabbona Grange of :M:ichlgan, favoring Club, indorsing Government ownership of street railway sys­ the ru'ral-credits bill; to the Committee on Banking and Cur· tems in Washington, D. C.; to the Committee on Interstate and rency. Foreign Commerce. By Mr. DALE: Petition of F. M. Crouch, of N-ew York City, Also (by request), petition of certain citizens of New Castle, favoring repeal of canal-tolls exempti-on; to the Committee on Pa., protesting against the practice of polygamy in the United Interstate and Foreign Commerce. States; to the Committee on the Judiciary. Also, petition of New York Typographical Union, N.o: ?• of By l\fr. ALEXANDER: Petition of 35 citizens of Hamilton, New York City, favoring passage of Bartlett-Bacon antl-IDJUDC>­ 20 citizens of Maysville, 150 citizens of Union Star, and 80 tion bill; to the Committee on the Judiciary. citizens of Pattensburg, all in the State of Missouri, favoring By Mr. DAVIS: Petition of the l\finneapolis Civic and Com­ national prohibition; to the Committee on the Judiciary. merce Association, of Minneapolis, Minn., favoring passage of By .Mr. ALLEN: Petitions of sundry citizens of Cincinnati, House bill 2966, relative to disposal of hydroelectric power de­ Ohio, protesting against national prohibition; to the Committee veloped by the dam between St. Paul and Minneapolis; to the on the Judiciary. Committee on Rivers and Harbors. Also, memorial of the Cincinnati Branch of the Rai~way l\.Loring House bill 13044, providing pensions for mations of the life beyond, so full, so rich, so abundant, and widows of Spanish War soldiers; to the Committee on Pen­ that so find answer in the universal heart, that there is the sions. universal longing after immortality. We bless Thee that above Also, petition of the Chamber of Commerce of the State of New all the ministries that come to us, luring us onward and up­ York. fayoring repeal of exemption clause in Panama Canal ward, there is the final, highest revelation in Hin1 who came r.ct; to the Committee on Interstate and Foreign Commerce. that we might have life, and have it more abundantly. He hath BY ~Jr. SCULLY: Petitions of A. r. Haviland and others of said, As I live ye shall live also. So do Thou lead us to the :\Iori'n!outh County, N. J., protesting against national prohibi­ fullest life. In His name's sake. .Amen. tion: t,- the Committee on the Judiciary. The :rournal of yesterday's proceedings was read and approved.