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3484 ·coNGRESSIONAL RECORD-HOUSE. FEBRUARY 14,

By 1\fr. BRISTOW: MESSAGE FROM THE SENATE: A bill ( S. 4495) providing for the establishment of a term of the District Court for the District of Kansas at Salina, Kans.; A· message from the Senate, by 1\Ir. Tulley, one of its clerks, and announced that the Senate had passed bills of the following (By request.) A bill (S. 4496) in relation to the service of title, in which the concurrence of the House of Representatives process by United States marshals; to the Committee on the was requested : Judiciary. S. 4247. An act to increase the efficiency of the United States A bill ( S. 4497) granting a pension to Fred M. Livingston; Navy by the appointment of six vice admirals; and S. 2904. An act for the relief of certain persons their heirs A bill (S. 4498) to admit to the benefits of existing pension or assigns, who heretofore conveyed lands inside ~ational for~ laws the members of the Kansas State Militia who were called ests to the United States; and out to check what is known as the "Price raid," together with S. 2440. An act providing for the erection of a suitable monu­ their widows, minor children, and dependent parents; to the ment on the grave of Maj. Gen. Henry W. Lawton in ArlinO'- Committee on Pensions. ton National Cemetery, in the State of Virginia. o By Mr. OVERMAN: The message also announced that the Senate had passed with­ out amendment bill of the following title: A bill ( S. 4499) for the execution of a suit~ble and creditable painting depicting and perpetuating the baptism of Virginia H. R.11283. An act to authorize the construction of a bridge DaTe, the first known celebration of a Christian sacrament on across the navigable waters of St. Andrews Bay. American soil; to the Committee on the Library. ENROLLED BILL SIGNED. By Mr. THOMAS : · Mr. ASHBROOK, from the Committee on Enrolled Bills re­ A bill ( S. 4500) to place certain officers of the Army on the ported that they had examined and found truly enrolled' bill retired list; to the Committee on Military Affairs. By Mr. SMOOT: of the following title, when the Speaker signed the same: ~· R. 9848. An act for the relief of the New England Steam­ A bill ( S. 4501) for the relief of Emma Kiener; to the Com­ ship Co. mittee on Claims. By Mr. McLEAN: PEACE CONFERENCE AT THE HAGUE. A bill ( S. 4502) granting an increase of pension to Delia Mr. SHARP. Mr. Speaker, I wish to ask unanimous consent Carey (with accompanying papers); to the Committee on Pen­ to extend my remarks in the RECORD and to incorporate therein sions. a copy of a letter from the Hon. Andrew D. White to the Hon. OMNIBUS CLAIMS BILL. Joseph H. Choate, which was sent to that gentleman on the Mr. OLIVER submitted an amendment intended to be pro­ 9th instant. · . posed by him to the omnibus claims bill, which was referred to The SP.~AKER. The gentleman from. Ohio [Mr. SHARP] the Committee on Claims and ordered to be printed. asks unanunous consent to extend his remarks in the RECORD by including a letter from the Hon. Andrew D. White to the EXECUTIVE SESSION. Hon. Joseph H. Choate. Is there objection? 1\Ir. OVERMAN. I move that the Senate proceed to the con­ Mr. BARNHART. Reserving the right to object, what is it? sideration of executive business. 1\Ir. SHARP. Mr. Speaker, I wish to say in answer to t11e 1-~he motion was agreed to, and the Senate proceeded to the query of the gentleman from Indiana [Mr. BABNHABT] that consideration of executive business. After 2 hours and 30 min­ this letter was written to the Hon. Joseph H. Choate in the utes spent in executive session the doors were reopened. ~nterest of holding a third peace conference at The Hague, and DEATH OF SENATOR BACON. It was read before the Citizens' National Committee, consisting Mr. OVERMAN. Mr. President, in the absence of the Senator of more than 50 gentlemen representing all parts of the country, from Georgia [l\Ir. SMITH], it becomes my painful duty to al)­ at a ·meeting of that committee in New York City a few davs nounce to the Senate the death of Senator BACON at half past ago. The exposition of that distinguished diplomat's views on 1 o'clock this afternoon in this city. what has been accomplished by the prior conferences held in The sudden passing away of this great Senator, who came to 1899 and 1907, and the prophecy which he makes as to what this Chamber with all the honors which his native State could may be accomplished at a third conference, is most noteworthy. confer upon him, and who repaid that trust by his long, honor­ Indeed, it rises to the dignity of a state paper. It is for this r.ble, and illustrious career in this body, is an irreparable loss r~son, beli~~ing it to ~e peculiarly appropriate and in harmony not only to the Senate and to his beloved State but also to the w1th the spirit of the times, that I wish to have it incorporated country at large. in the CoNGBESSION AL RECORD. I might further say that as a I send to the desk resolutions which I ask may be read. result of that meeting resolutions were unanimously adopted The VICE PRESIDENT. The resolutions (S. Res. 273) sub­ favoring the holding of such a peace conference at The Hngue mitted by the Senator from North Carolina will be read. next year. It was a matter of much gratification to those The resolutions were read, considered by unanimous consent, present that their action in indorsing this movement had al­ and unanimously agreed to, as follows: ready been anticipated by the present administration in its Resolved. That the Senate has heard with profound sorrow of the declaration to actively cooperate in carrying out the plans for death of Hon . .AUGUSTUS 0. BACON~ late a Senator from the State of the consummation of that noble purpose. In speaking of what Georgia. Resolved, That a committee of 14 Senators be appointed by the Vice ~as accomplished at the second conference, Mr. White says, President to take order for superintending the funeral of Mr. BACON. m the letter quoted below, that "it also brought decidedly Resolved, That the Secretary communicate a copy of these resolutions nearer the establishment of a permanent court for the world, to the House of Representatives. which shall bring public law to bear upon international diffi· l\.lr. OVERUAN. Mr. President, as a further mark of respect culties more perfectly than any arbitration tribunal can do." to· the memory of the distinguished Senator, I move that the To my mind, if the next conference will bring about no more Senate adjourn. than the definite accomplishment of that achievement, it will The motion was unanimously agreed to; and (at 2 o'clock not have been called in vain. ~nd 45 minutes p. m.) the Senate adjourned until l\Ionday, The SPEAKER. Is there objection to the request of the gen­ February 16, 1914, at 12 o'clock meridian. tleman from Ohio [Mr. SHARP]? [After a pause.] The Chair hears none. HOUSE OF REPRESENTATIVES. The following is the correspondence referred to: COR TELL UNIVERSITY, SaTURDAY, Februa'ry 14, 1914. Ithaca, N. Y., Februat·y 9, 1911,. Hon. JosEPH H. CHOATE, The House met at 12 o'clock noon. New York City. The Chaplain, Rev. Henry N. Couden, D. D., offered the fol- MY DEAR MR. CHOATE : The present condition of my health and strength forbids my attending the approaching meeting to promote the lowing prayer : · calling of a third peace conference at The Hague, and I regret thls all Eternal God our heavenly Father, let Thy spirit possess us the more since it has long been my wish to attend such a meeting, my that we may add wisdom to wisdom, knowledge to knowledge, bope and belief being that our surviving American delegates in the fit·st and second Hague conferences, our associates in the Carnegie Peace f>trength to strength, godliness to godliness, in the struggles Foundation, a large representation from the various peace societies, and of to-day; that we may be stronger to meet the conflicts of the a vast number of our fellow citizens who have in their hearts and minds to-morrow, a:r;J.d thus add day by day to our character until we a belief in settling national difficulties by right reason rather than by wat• are ready to form the nucleus of a movement throughout our attain those qualities of soul which in our better moments whole country which will encourage our National Government !n its we long for, exemplified in the life and character of the Son work of pressing on this matter as two previous administrations h~;ve so of God. Amen. successfully done. The favorable attitude of our present administration toward the The Journal of the proceedings of yesterday was read and summoning of a third conference is most encouraging, and it has clearly ' \ approved. become the duty of all American citizens, without distinction of party, 1914. .CONGRESSIONAD. RECORD-HOUSE ..

to support the President and his advisers in calling the other nat1ons of perience. Let the New York Peace Society from its metropolitan center the earth to join in preparing for n. . urge on and cooperate with similar organizations throughout the Both the first conference, in 1899, and the second, in 1907, took actwn country,_ an~ let all t~c.se join in supportin~ both ~he Executive :~nd . looking to a continuance of their work by further sessions, ~nd the the legislative authonties of our country m makmg the necessary second conference, embracing delegates from 44 nations, unammously preparations for the new conference. All ordinary national questions fixed upon the period we are now reachin~ as. that in which measu~es seem merely parochial compared with bringing to a happy issue this should be studied and pt·ograms adopted Iookmg toward such a third proposed council of all nations. Party politics should be utterly sub­ conference to carry on the work which they began. ordinated in this matter to the interest of our whole race and the one '.l:he great services to the world by both the conferences already held great question should now be what can our Nation do to develop this arc no longer denied. As time goes on and the history of those two movement, so fraught with good hope, not only for our country, but for bodies can be reviewed dispassionately, it becomes clear that not only universal humanity. have most important practical points been gained, but that both those I remain, dear Mr·. Choate, bodies were far more successful in their work than even the most far- , Yours, faithfully, . ANDREW D. WHITE. -sighted statesmen dared expect at the beginning of either. By the first conference an international arbitration tribunal was cre­ PUBLIC LANDS IN C.A.LIFORNIA. ated which bas already decided a large number of questions, all of them important and some of them dangerous. The same conference pro­ Mr. RAKER. Mr. Speaker-- vided a "commission of inquiry," whlch proved its value by preventing The SPEAKER. For what purpose does the gentleman from a very virulent misunderstanding between two of the most powerful .of California rlse? all modern nations from ripening into a naval war. The plan of special mediation by "seconding powers," as adopted by the same .conference, 1\fr. RAKER. I rise to ask unanimous consent that I may or at least a modification of it, proved itself effective in cuttmg short a file a supplemeqtal report from the Committee on the Public war between two other nations. By that same first conference tbe laws Lands on bill (H. R. 122) authorizing the State of California . and customs of war on land and sea were greatly improved throughout and an incalculable mass of human sorrow and suffering was thus pre­ . to select public lands in lieu of certain lands granted to it in vented. Imperial County, Cal., and for otl:.er purposes, containing some By the second conference the work of the first was nobly carl'ied on memoranda from the Department of the Interior that I desire _and valuable features were added. A plan .for an international court of appeal in prize cases, such as the world has so lonl? desired, was well to have before the House when the bill comes up. wrought out and brought to such a point that a thtrd conference can The SPEAKER. Is· there objection? hardly fail to establish it. 1\fr. BORLAND. Reser_ving the right to object, I would like The second conference also put an end, virtually, to those wars upon to ask whom this report is from? we~k nations by strong, in the interest of schemers and specu!ators, which have led to some of the most disgraceful events in recent history. Mr. RAKER. It is from the Committee on the Public Lands. It also brought decidedly nearer the establishment of a permanent court Mr. BORLAND. I have no objection. for the world, which shall bring public law to bear upon international difficulties more perfectly than any arbitration tribunal can do. That The SPEAKER. Is there objection to the re'}uest of the gen­ · conference also perfected and pressed forward a proposal for immunity tleman from California [l\Ir. RAKER]? [After a pause.] Tbe from seizure upon the high seas of private property not contraband of Chair bears none. war, which our best statesmen have so earnestly urged, from 1785 until the present time, and brought it face to face with the public opinion !>f INDIAN APPROPRIATION BILL. the world In such wise that the next conference may well hope to obtam its concession by all the powers. Mr. STEPHENS of Texas. 1\fr. S}Jeaker, I move that the The second conference also rendered a great. service to humanity in House resolve itself into the Committee of the Whole House on still further improving and humanizin~ the rules and customs of war, the state of the Union for the further wnsidemtlon of the In­ both on sea and land, and though it did not establish laws to meet the exceedingly complex and dangerous questions arising out of warfare dian appropiiation bill. by torpedoes and ael'ial ships, lt left tbe whole subject in excellent The motion was agreed to. shape for final decision by a third conference. The House accordingly resolved itself into tbe Committee I recall these facts, which you in your books and discourses have so ot ably shown, because they warrant the world in hoping that such vic­ tbe Whole House on tbe state of the Union for tbe further con­ tories of right and reason for humanity can be continued. sideration of the bill H. R. 12579, the Indian appropriation Many of these solutions of international problems by the first two bill, with 1\fr. BYRNS of Tennessee in the chair. conferences can now, in the light of increased experience, be greatly amended, and some of the business then left unfinished can now be The CH.AIRMAN. The House is in Committee of the Whole taken up with new hopes of bringing it to a happy conclusion. One of House on the state of the Union for the further consideration the burning questions left unsettled a.t the close of the second confer­ will ence was the very dangerous subject of the partial or complete substi­ of the Indian appropriation bill, of which the Clerk read tution of contact or floating torpedoes for shlps, in maintaining block- the title. . ades, and tfiis is closely connected with the yet unanswered question Tbe Clerk read as follows: of immense importance to neutral powers, as to protecting them from destruction of life and property by drifting torpedoes. · A bill (H. R. 12579) making appropriations for tbe current and con­ Take anothe1· subject which occupied both the first and second con­ tingent expenses of the Bureau of Indian Affairs, for fulfilling treaty ferences. All the great powers of tbe world are now planning or stipulations with various Indian tribes, and for other purposes for the building airships with reference to future wars. But proper limitations fiscal year ending June 30, 1915. ' of aviation in war are at present in abeyance. No final decision has Mr. STEPHENS of Texas. Mr. Chairman, will the gentle­ been reached upon any important point in that matter. The question is rapidly commg upon us whether the new science of aerial naviga· man from Kansas [Mr. CAMPBELL] use some of his time now? tion shall be limited to the obtaining of military information or ex­ I believe there is something like an hour remaining on that tended to attacks upon fortified or invested places, or whether it shall side for general debate. · be given full power to spread devastation over peaceful States, and blot out great unfortified centers of peaceful trade and commerce. We Mr. CAMPBELL. What time remains, Mr. Chairman? can not shut our eyes to tbe fact· that in spite of a great tendency The CH.A.IRMAN. The gentleman from Kansas has 1 hour of opinion toward peace in the world, war is becoming more hellish in and 19 minutes remaining. its Inventions than ever before. Portable magazines, containing · high explosives, can be so dropped from flying machines as to wipe from the Mr. C.Al\IPBIDLL. .And how much has the gentleman from map some of the largest cities in the world. It seems perfectly within Texas [Mr. STEPHENS]? the possibilities, and indeed within the probabilities, that if any power The CH.A.IRMA.N. The gentleman from Texas [Mr. STE­ should in the future begin a war in a manner as doubtfully regular as that in which Japan began bet· recent war with Russia the nation PHENS] bas 1 hour and 29 minutes remaining. claiming to be aggrieved may easily insist on being absolved from those Mr. CAMPBELL. Does the gentleman from Texas expect to poot· restraints at present relied upon, and go to any extreme in using use more of bis time? aerial navigation as a means of projecting explosives into the defense­ less cities of her enemy and blotting out some of the greatest achieve- 1\fr. STEPHENS of Texas. We expect to do so, but the gen­ - ments of civilization. tleman from Floiida [1\Ir. CLARK] is not here. We can not use Then, too, comes up the question as to pending definitions of contra­ it just at the present time. I bope tbe gentleman will proceed band of war. I need not tell you bow far, and how dangerously to neutral powers, this doctrine has already progressed in some quarters. on that side. In the first Hague conference I heard the opinion broached that ships Mr. CAMPBELL. 1\fr. Chairman, the consideration of the engaged in peaceful commerce may be held to be contraband, and this doctt·ine has even been made to warrant seizure of tbe ordinary food of Indian appropriation bill naturally brings us to a discussioo. whole nations of peaceful noncombatants. of the Indian question. I have stated upon this floor upon other These are but a few of the pendin~ questions of life and death to occasions that ·I protested against the attitude of the white neutral and peaceful powel's. The time has certainly arrived when these questions, which are already upon us, and others, which are on the man toward the Indian from the beginning of our relations horizon, must be met and dealt with. with tbe Indian in the United States. From the first there has I am aware that there is. especially among the European powers, been a disregard of the rights of the inferior that bas been un­ much distrust of international conferences, a distrust largely caused, no doubt, by loose, oratol'ical advocacy of compulsory arbitration. becoming of the people of this· Republic, and the attitude of I trust that this difficulty will be fully and frankly met. It .should mind toward the rights of the Indian has not grown better as be remembered that when men talk of making arbitration and other time bas gone on. We have moved the Indian from one lodging reforms compulsory, this can only mean, if it means anything, that there shall be an armed force somewhere in reserve, and pledges to use that place to another, and have practically forced him into treaties force, even though the attempt to do so might provoke wars on a that would. enable us to move him. We sought the treaty and larger scale than anything we know at present. My belief is that forced the Indian to enter into it just as soon as his lands be­ . safety rests in trusting to the enlightened self-interest, the good sense, the honesty, and the honor of our sister nations and ourselves. Let the came desirable for the use of the white man. .And we finally decisions of the international conferences and tribunals show the solemn moved him to the last place in which there was a 7erritory convictions of tbe whole thinking world, and arinies will not be needed within the confines of that vast domain that had belonged to to enforce them. . · I trust that your voice will be heard at the coming meeting giving the Indian, and located him in a small strip known as the counsels both of vigor and pr~denc~ derived fr~m your. own large ex- , where we entered into a solemn treaty with

LI-221 3486. ~ r ·coNGRESSIONAL RECORD-HOUSE~ FEBRUARY 14,_

the Indians that they .should not be disturbed there by the and intimidation has been practiced by white men on Indians white man. That treaty had no limitations as to time. A.s long in Oklahoma. Courts and eourt officers have been used to rob as grass grew and water ran, the Indian was to have absolute helpless children of the last bit of property that they possessed. dominion over the Indian Territory and the protection of the Children who had estates that were considered valuable, whose wbite man. assent could not be secured to sell or lease their property, were Those of you who were here yesterday listened to a speech murdered, and contracts made with the executors of their es­ that dlsclosed the fact that the Indian Territory nQ longer tates, and the murderers went unpunished by the authorities in belongs to the Indian, but to the white man; and legislation the communities in which the mw·ders were committed. I have was asked in the interests of the white man in the use of the protested against this allitude for years, and-- Indian"'s money or what he has left. In consideration of In­ Mr. DAVENPORT. Mr. Ohairman, will the gentleman yield dian matters wit)lin my experience in this House the interest for a question? of the white man has been made paramount to the interest of The CHAIRMAN. Does the gentleman yield? the Indian. That attitude upon the part of Congress was not Mr. CA.MPBE.LL. Just for a questlon. directed or led by men far removed from the last place that Mr. DA. VENPORT. I would like to ask the gentleman what had been allotted to the American Indian in the United States. murder was committed? :White men from the Indian Territory acted without regard to Mr. CAMPBELL. I think it was in the congressional district the rights ot the Indian, always having foremost in their .mlnds, which the gentleman represents. the rights of the white man who had protruded himself into Mr. DAVENPORT. Please wait for my question. What. mur· the Indian Territory. And to-day it is a joke to refer to the der was committed for an estate of any child in any county in Indian Territory as Indian country, if a joke can be made of Oklahoma and the murderer went unpunished, giving the name such a serious matter, and a matter that so re1lects upon the of the c~ild and the name of the party that committed the honor of this Government in its treatment of a homeless, murder? courageous race. of men that we have driven· from one place Mr. OAMPBELL. The murder was in the district represented to another until they have practically vanished. by the gentleman, and the murderer went unwhipped for his :Mr. STEPHENS of Texas. Mr. Ohairman, will the gentle­ offense until an appropriation was made in this House to send! man yield? special agents to the place of the murder, who forced the local l\Ir. CAMPBELL. Yes. authorities to indict and convict the party. Mr. STEPHENS of Texas. Is it not a fact that the gentle­ Mr. DAVENPORT. I will say to the gentleman that if he man's State of Kansas and the State of Oklahoma were origi­ does not know that that statement is correct he ought not to nally a part of the Louisiana Purchase, and at that time there make it on this floor, and I say to him now it is untrue. I say, was no treaty whatever between the United States and the that the officers in Muskogee County, if he has reference to that Indians? And is it not a further fact that the State of Kansas case that occurred at Taft-that nigger town down there in stands upon exactly the same footing as Oklahoma, where in Muskogee County-did perform every duty in their power to recent years many reservations have been broken up? capture that man. · Mr. OAMPBELL. Not at all. The treaty of 1836 gave the Mr. CAMPBELL. They were forced to do it. ·' .Territory of Oklahoma as a final place of habitation for the Mr. DAVENPORT. I say they were not forced to ecial agents in The present appropriation bill hb.s recognized the. fact that such cases. ;we have not only been treating the Indian in this manner, but Mr. CARTER. If I made any such assertion, it ought to ap­ that we have been plundering him of his property. pear in the CoNGRESSIONAL REcoRD, and I would like the gentle­ ~ Mr. GREEN of Iowa. Mr. Chairman, will the gentleman man to point it out to tllis House. ~ield? Mr. CAMPBELL. Oh, every Member of the House knows , Mr. CAMPBELL. For a question. about it. · .M1·. GREEN of Iowa. There are a number of claims pending, Mr. CARTER. Well, evidently the gentleman does not re­ are there not, against certain Indians for goods furnished to member my speech. In that speech I spoke entirely to the them, or claimed to have been furnished to them? · point of a limitation on the expenditure of the trust fund, and · 1\Ir. CAMPBELL. Yes. . if the gentleman will look at my speech he will find that ~at !" Mr. GREE:N of Iowa. Was any appropriation made in this is the question I discussed. bill for an examination of those claims? M:r. CAMPBELL. Very wen; I have yielded to the gentle­ Mr. CAMPBELL. No. We did not appropriate in this bill man. I am aware that the gentleman from Oklahoma and -::he -d:or claims. That is a matter that is to be taken into considera­ Committee on Indian .Affairs have been forced to reverse the tion in a separate bill that will probably be called the omnibus position that they have heretofore occupied on this question. claims bill. Mr. CARTER. The gentleman can not say that. He can not The white man in Oklahoma has reserved or assumed the find any such position that I occupied in the REcoRD. right to take e-verything belonging to the Indian that he could The CHAIRMAN. Does the gentleman from Kansas yield 'l get his hands on. He entered into contracts with the Indian Mr. CA.MPBELL. I do not yield further to the gentleman that were indefensible. a.nd which the courts would not have just now, .Mr. Chairman. !SUstained bec!Ulse of fraud if the contracts had been entered· Mr. MANN. Mr. Chairman, will the gentleman yield for a: into by one white man with another. Every species of fraud question?

I 1914. CONGRESSIONAL RECORD-HOUSE. 3487

Mr. CAMPBELL. Yes. to take the view of the white man as to the proper treatment 1\lr. 1\l.ANN. Does the gentleman recall that what both the of tuberculosis, and we are conferring upon the officers of the gentleman from Oklahoma have probably forgotten-the discus­ Government authority in this bill which practicalJy enables sion that we had in this House to prohibit frauds which they them to force reluctant Indians to fake the treatment for tuber­ denied the existence of, but which now all admit existed at that culosis that is now regarded as the proper treatment. They do time? not like to leave their homes or tepees. We have made an Mr. CAMPBELL. I am just approaching that. appropriation which we think is as much as can be used for Mr. MANN. All of the speeches on that subject were not relieving the ravages of thf-t disease, and progress is being made inserted in the RECORD. along that line. But that is a matter that will be discussed Mr. DAVENPORT. Mr. Chairman, I challenge that asser­ when we are considering the bill. f i tion. I was just saying that I was gratified ::t the present attitude Mr. CAnTER. The gentleman ought not to make that state- of the Committee on Indian Affairs and of the delegation from f ment. · Oklahoma. I was more than gratified when the present Com­ Mr. CAMPBELL. I am not-- missioner of Indian Affairs, who has the welfare of the Indian ~1r. CARTER I do not mean the gentleman from Kansas. at heart and who is sincerely and conscientiously entering upon I mean the gentleman from Illinois [Mr. MANN]. · . the work that is set out for that bureau, with a study and an Mr. CAMPBELL. I can not yield further, Mr. Chairman. ability that ought to commenr"'. him to every thoughtful man in Mr. MANN. I stated that to be a fact. the United States who believes in fair play for these helpless Mr. DAVENPORT. As to myself,· I say it is not a fact. wards of the Government, came before the committee and I say it is not true. urged r...n appropriation to be usecl in protecting the helpless Mr. MANN. I have not made any statements about the gen­ among the Indians. The commissioner urged the very appro­ tleman [Mr. DAVENPORT]. priation for which I have been contending upon this floor for l\fr. CAMPBELL. If gentlemen will possess their souls in years, and to accomplish the same purpose, the protection of patience--the gentleman from Texas [Mr. STEPHENS] has an these helpless people. So that this appropriation, for the first hour and 29 minutes left, and gentlemen can obtain ample time time in a number of years, will be unopposed on this floor. to say anything that they desire to say. I say that a speech But this appropriation and change of attitude does not alter wns made by a Member from Oklahoma-- the fact that we have been guilty of the grossest injustice to :.\Ir. DAVENPORT. Will the gentleman give his name? the American Indian, and that we have not yet stopped the 1\Ir. CAMPBELL. .A. speech denying in toto things that had practices that result in the gross injustice to a brave and cour:t'­ been charged upon this floor, and that speech has never been geous race of men that is to-day vanishing from the face of the printed in the RECORD. earth. Mr. CARTER. That was not my speech, was it? A visit to the Indian country to-day in an official capacity Mr. CAMPBELL. No. that brings Indians to consult with the visitor will disclose the l\Ir. DAVENPORT. Nor mine? fact that men appear who say they are Indians who do not look .Mr. CAMPBELL. Nor yours. any more like an Indian than I do nor the gentleman from Okla­ Mr. MANN. They were not canny enough to withhold their homa who sits before me. He may be the president of two or speeches. three national banks, at the same time the owner and manager .Mr. DAVENPORT. I was operating on a principle, Mr. Chair- of large business enterprises, president of interurban railways, man, to say what I mean, and print what I said. and enrolled as an Indian and have every right to the Indian's 1\Ir. CAMPBELL. I must not have these interruptions. property that the Indian himself has, of participating with him 1\fr. ADAIR. Will the gentleman yield for a question? in allotments of land, in the distribution of funds, and in every­ The CHAIRl\l.A.l"'{. Does the gentleman from Kansas yield to thing tllat the Government from time to time sees fit to give to the gentleman from Indiana? the Indian out of his own estate. 1\Ir. A.D.A.IR. I want to ask for information if the remedy for The Indian country does not look like an Indian country. tlli s mistreatment of the Indians rests with the Interior De­ There are but a few Indians left-about 26,000 full bloods in }Xtrtment. or does it rest with Congress itself? the Five Civilized Tribes in Oklahoma. A mere handful out of )Jr. CAl\lPBELL. With both, and with the American people, what was once an aggregation of proud tr~bes of a great race with the white man. Thnt is where it rests, with those who of . brave men, courageous, splenilid women, who raised war­ haye totally ut upon the prairie and aided him in discovering and sat­ ·would be aroused to the fact that it was wrong to rob the In­ tling the country that the white man has finally taken away dians. "~by, for years it has not been regarded as a crime to from him. [Applause.] rob and take advantage of the Indian. especially in O~lahoma. Mr. Chairman, how much time have I used? I am gratified now to be able to tell the Hcuse that the things The CHAIRMA.N. The gentleman has used 29 minutes. for which a few of us ha>e been contending here are now con­ Mr. CAMPBELL. I reserve the balance of my time. ceded by tlle Members of the Oklahoma delegation to be right, Mr. C.A.R'.CER. Mr. Chairman, how much time have I remain­ and they are ass')nting to the appropriation which is included ing on this side? in this !Jill tllat is necessary for the protection of helpless wards The CHAIRMAN. The gentleman has 1 hour ::md 29 minutes. of this Go\·ernment known as incompetent Indians and minor 1\lr. CARTER. Mr. Chairman, the gentleman from Kansas Indian children. [Mr. CAMPBELL] seems to take great delight in trying to dis­ l\Ir. SHAHP. Will the gentleman yield for a question, purely credit his next-door neighbors, the good people of Oklnl.J.oma for information? and their Congressmen, and would seem to like to have this l\£r. CA:.\1PBELL. Yes, sir. House believe that all the thieves, robbers, grafters, and de­ Mr. SHAUP. The gentleman seems to have given a good bauchers of Indians haYe congregated for their last harbor of deal of study to this subject. I do not want to destroy the con­ refuge in the State of Oklahoma. tinuity of his argument, but I have read a good deal lately Let the gentleman look a little to his own State. Let him about the possibility of the Indian vanishing from our country remember that at one time practically the entire State of owing to the rayages of tuberculosis. Is the gentleman informed Kansas was owned by the Indians. Unfortunately, tl.J.e abo­ UllO n this question, so that he can tell the House how general rigine has been dispossessed in tllat State until he now owns that disease has become, and what likelihood there is of its less than four-tenths of 1 per cent of the laud in that entire increasing? I note that in this bill the .sum of $260,000 is ap­ great State, and what has Poor Lo to show for it? propriated for hospitals and care, and so on. Does the gentle­ I want to call attention to the fact that in Oklal.J.oma to-day man think that is adequate? the Indian still owns on the Indian 'Territory s: c1e of tl1e State Mi·. CAMPBELL. That is as much as the Indian Office 75 per cent, or three-quarters, of an lands included within its thought could be advantageously used.. The Indian is reluctant vast area. Now, I place that record of my State of Oklahoma 3488 CONGRESSIONAL RECORD-HOUSE. . FEBRUARY 14, against the record of the State of this gentl~n who is con­ allowed himself to be the tool of certain grafters that got conditions tinually trying to discredit his next-door neighbor as a C?m­ badly :mixed. plete answer to all the biliousness from which he ha_s JUSt Faithfully, your friend, J AS. YARBOROUGH. relieved his system. I would say no more but for the fact of Mr. dA.MPBELL. Ur. Chairman, will the gentleman yield?. the insinuation of the gentleman that the Members of Con­ Mr. CARTER. Certainly. gress from Oklahoma wink at charges of fraud and graft of Mr. CAJ\fPBELL. Is H not a fact that instead of testifying Indians. upon his own information, Mr. Yarborough furnished certified The· gentleman has told you that there will be found in my copies of the record in these cases, giving item by item, just speeches, in my utterances, a defense of graft in Okl.ahoma. . I what occurred? call to the attention of the fair-minded membership of this Mr. CARTER. I think that he did do that in a measure. House the two speeches I have made on that subject, and they Mr. C.Al\IPBELL. Together with the order of the court? are both in the REcoRD. One will be found on pages 4468 to Mr. CARTER. I think he did do that in a measure. although 4673 of the RECORD, Sixty-second Congress, second session: The I do not recall now just what those records disclosed. other, pages 863 to 865, Sixty-second Congress, third sessw~ I 1\Ir. THOMPSON of Oklahoma. Mr. Chairman, will the gen· innte the gentleman from Kansas to investigate and look mto tleman yield? these remarks and not trust his memory again when he com:s 1\fr. CA.RTER. Yes. on the floor of this House and tries to discredit Members of this Mr. THOMPSON of Oklahoma. I will ask the gentleman if House who perhaps ba ve as high ideals of honesty and integrity Mr. Sells, the new Indian Commissioner, has not just returned as be. [Applause.] from Oklahoma2 · That there has been some fraud with relation to probate mat­ Mr. CARTER. Yes; and I will come to that in a moment. ters in Oklahoma no one attempts to deny, and I have never at­ How much time have I remaining, Mr. Chairman? tempted to deny it in the past, but I defy the g~tleman to m~n­ The CHAIRMAN. One hour and twenty minutes is still tion a case in which the culprit has gone unpurusbed or to g1ve under the control of the gentleman from Texas [Mr. STEPHENS]. any evidence on behalf of his statement that his punishment was 1\Ir. GARTER. Mr. Chairman, I am going to be perfectly not due to the diligence of the authorities of the State of Okla­ frank and candid with this House. I am going to say that the homa. We have 40 counties on the eastern side of the State of statement as disclosed by the Mott report was somewhat of a Oklahoma with more than 101,000 allottees, and it is but natural revelation to me. Those statements were a revelation because that some percentage of fraud and some in·egu:tarities should b_e I had not come in contact with any such conditions in my part possible under such complicated conditions as these. The at­ of the State. They were a revelation to me because the first tention of this House has only been called to two cases of fraud I e\'er heard of them wa when th.ey were read from tllat side in deceased estates in the district which I have the honor to rep­ of the House by the gentleman from South Dakota [l\Ir. resent. One of these was the case of Judge Phillips at Durant, BUBKE]. When I returned to my office I found a copy of that Okla., and these charges were made upon testimony of a very report lying upon my desk, and, as I remember now, my secre­ personal friend of the distinguished gentleman ~ro~ Kansas. tary told me it had been placed there by a special messenger His name is Jim Yarborough, and, by the way, Jrm 1S a. bully from the department after I left for tile Rouse. fellow. He is an A-1 boy to have with you in a campaign, .as The gentleman from Oklahoma, 1\ir. DAVENPORT, the gentle­ the gentleman from Kansas has found out, for he often has Jim man from Oklahoma, Mr. FERRIS, and myself at that time Yarborough up in his district campaigning for him when. he has represented the counties- which contain the Five Civilized Tribes, a close race. and yet with this investigation going on for many months not 1\Ir. CAMPBELL. 1\Ir. Chairman, will the gentleman yield? one word of notice had been given us, although we would have 1\Ir. CARTER. With pleasure. stood ready and willing at any time to render every possible Mr. CAMPBELL. Does the gentleman from Oklahoma deny a sistance. Why was t:hat done? Why was this report placed any of the facts sworn to by Mr. Ya~borough _before !Jle com­ in the hands of the gentleman from far-off South Dakota? ~'by mittee that visited Oklahoma to investigate Indian affairs down was it not placed in the hands of that gentleman who stands at there? the head of this Indian Committee, the gentleman from Texas ~Ir. CARTER. 1\Ir. Chairman, I was just getting to that [Mr. STEPHENS], whose honor and integrity no man in thiS point and if the gentleman will appropriate to himself his ad­ House on either side of the Chamber will question? Why was -vice to us and just " possess his soul in patience " he w~l hear it not placed in the hands of l\Ir. FEBRis, the gentleman from the facts concerning that matter. 1\Ir. Yarborough, while ·one Oklnhoma, Mr. DAVENPORT, or myself? You all know the of the best fellows on the face of the earth and a good man to politics o"f' each gentleman I have mentioned. I leave it to the haYe with you in campaigns, is a man of strong enthusiasm. ~d membership on both sides of this House to draw their own imagination, and, with all due respect to his very good qualities, conclusions as to the purpose of this l\Iott report. sometimes handles the King's English a little bit loosely. Mr. 1\Ir. M~TN. 1\Ir. Chairman, will the gentleman yield for a Yarborough did state to the committee that Judge Phillips had question? permitted fraud and graft upon two Indians who had their estates squandered under the jurisdiction of his court.. J:. few l\Ir. CARTER. Yes. months ago Judge Phillips made application for the poSition of l\lr. 1\IANN. Does the gentleman undertake to deny that that suparintendent of Platt National Park and asked to have my report wa's sent to the chairman of the Committee on Indian indorsement. I got many recommendation-: jn his behalf. Affairs, Mr. STEPHENS, and also to Mr. FERRIS, at the same time Among others, I had one from this mutual friend of the gentle­ it was sent to the gentleman from South Dakota, Mr. BUBKE? man ·from Kansas and myself, Mr. James Yarborough, the sa.me Mr. CARTER. Mr. Chairman, I am very glad the gentleman man who testified to Judge Phillip's bad character with relation asked that question. I might have overlooked that. The gen­ to these probate matters and I propose now to insert that letter tleman from Texas, Mr. STEPHENs, has told me in private con­ in the RECORD, in order that he who runs may read. versation, and I violate no confidence when I make this state­ DURANT, OKLA., Janttary fl, 1913. ment, that this report was furnished him about the same time it Hon. CHARLES D. CARTER, Washington, D. 0. was furnished to me; but, as I ha\e said, it was furnished me DEAR SIR A!'ny of mine is all right. It was true and. Mr. CARTER. 1 would like to hear from them now. I d1d cornet in every particular ; but, yon understand, the old man is doty, and I don't believe really at heart that he is corrupt. However, heo not hear them say that a year ago. ,.1914. CONGRESSIONAL RECORD-HOUSE~ 3489 '

Mr. MA1\TN_ Their memory will be fresher now than it was at that time, if it was not entirely proper that Mr. 1\Iott should then, whatever they may say now. present his report to you, and you should go to him and should .Mr. STEPHENS of Texas. Mr. Chairman, my remembrance explain to him the various features of the report? of the matter is that when this report, the Mott report, was filed Mr. CARTER. I do not know what the g~ntleman means by I called the gentleman's attention to it at once and also the being active. ~ attention of the gentleman from Oklahoma. M~. FERRis, who Mr. MILLER. I do not think the gentleman can certainly represented that part of the country, and also the gentleman misunderstand what I mean. from Oklahoma, Mr. DAVENPORT. That is my remembrance. I Mr. CARTER. The gentleman might hr.ve been active in did that us soon as I received the report. And the Clerk files having some man appointed postmaster or in advocating an ex­ these reports as soon as they come in, and I assume the report pedition to the North Pole. is in the files, and, if it is, it is an easy matter to determine when it was filed, and for what purpose, and so on. Mr. MILLER. The matter had been up in the committee a hlr. CARTER. I am stating what the gentl€lllan told me at great many times, and the gentleman certainly knows whether a time when his mind was fresh in regard to the subject. I he was active on one side or the other. would like to .hear from the gentleman from Oklahoma [Mr. Mr. CARTER. Previous to this I never bad heard charges FERRIS]. brought except .as to two cases of fraud in relation to minors Mr. FERRIS. My mind is hazy about it. As I recall, I in Oklahoma, and those were two cases brought .out by the never had read that report or reee-ived. that l'eport when the Burke eommittee. These cases the gentleman from Kansas [Mr. gentleman from South Dakota [Mr. BURKE] made his speech. CAMPBELL] brought before the Indian Committee and mentioned Al1 the Members know what a mass of stuff comes to our desks on the floor of this House. every morning. It might or might not have been there a few Mr. MILLER I do not expect that I have anything like the clays before. I do not recall having seen it, and if the gentle­ information concerning Oklahoma possessed by its Representa­ man has something there showing where I said at the time I tives, but I have information of at least 200 cases. had received it, it undoubtedly is the truth; but I have no recol­ Mr. CARTER. I call attention to the remarks of the gentle­ lection now of hearing about it or of seeing it. man from Minnesota made in the House at that time, and I 1\ir. MANN. If the gentleman will pardon me, I was not want the Members of this House to read them and see if he criticizing the. gentleman from Oklahoma [Mr. FEBRIS] or any had one word to say about these probate matters in Oklahoma. other gentleman from Oklahoma, or the chairman of the com­ in either one of his speeches. The only thing the gentleman mittee, for not examining the report. But the gentleman from attempted to bring out, as he must remeniber, was some graft Oklahoma [Mr. CARTER] was assuming to give the impression, in connection with 1\Iuskogee town sites, a matter manifestly I think, and honestly· on his part, that the report came. to Mr. foreign to the subject under consideration. If he had anything BuRKE long before it came to the other gentlemen, and in the to say about probate mutters, I would Uke to have him point debate a year ago when the gentleman from Oklahoma [Mr. it out in the RECORD. FERRIS] at one time referred to the report as having been sur­ Mr. MILLER. Will the gentleman yield? reptitiously sent, the gentleman from South Dakota [Mr. Mr. CARTER. With the greatest of pleasure at any time. BURKE] stated that the report was sent to all of these gentJ.e­ Mr. MILLER. The fact that the " gentleman from Minne­ men at the same time it was sent to him. And while the g€n• sota " did not make a speech to the House on that subject is tleman from Oklahoma [Mr. FEBRis] did not admit that he had certainly no evidence that I did not have the information. I examined the report-and I have no doubt he had not-the think that I ean say that I have information about certain sub­ gentleman from Texas [Mr. STEPHENS] stated that he had re­ jects. The reason I did not make a speech on that subject was ceived· it at that time. because my friend, who had been chairman of the committee, Mr. FERRIS. Just a word, if the gentleman will yi-eld. I the gentleman from South Dakota [Mr. BURKE], had the infor­ do not care to· take the gentleman from Oklahoma [Mr. CARTER] mation, and I conferred with him many, many times about it. off his feet or consume his time. But this is a matter that J\Ir. CARTER. Mr. Chairman, no doubt the gentl-eman from has been brought-- Minnesota [Mr. MILLER] had much information. He may also 1\fr. MANN. I only speak as to the department, that is aU. have some ·information about the White Earth Reservation that M:r. CARTER. My reply to the gentleman from illinois was would be of interest to this House if he would only give it to as to the statement that the gentleman made to me when I us, and if be has it he ought to give it to us. If the gentleman made complaint to the chairman of the Committee on Indian knew of these 200 cases of graft :when he was speaking on this Affairs for not having had this report. I will state further subject a year ago. it is more than passing strange that the that we have recently had two hearings down in the Interior gentleman did not mention it in his speech when the subject Department, which will put this matter enti1

House, which I belie\e was in February, and this was on • S'l'ATE OF OK~AHOlrA, Oli-1a7wma City, December 31, 191~ . .Mat·ch 9. Ron. C. D. CARTER, Washington, D. C. 1\lr. MANN. Oh, the debate was in December; early in De- . DEAR CHARLIE: Scime time ago I received a letter from Senator cember. OWEN calling attention to the Mott charges and asking that I start :.m Mr. CARTER Perhaps it was in December. I wrote two investigation. Realizing the importance of a cat·eful and searching in;e tigation, I at once wrote to Senator OwEN asking that he furnish letters. I wrote a letter to the governor before that, and I me with a copy of the Mott report togetbet· with a copy of the exhibits afterwards wrote a letter to the chairman of the committee Lav­ attached to the report. ing the bill in cllarge, which bad already passed the House. I ba;e received from Mr. Mott copy of bls report, but no copy of the exhibits. In his report be refers to the probate cases in counties in the The corres11ondence is as follows: aggregate. For me to investigate to ascertain whether or not his report Resolution adopted by the Democratic members of the Oklahoma dele­ is based upon facts it will be necessary for me to know each particulat· gation in meeting assembled at Washington. case that he investigated that my investigation may cover the same Wher eas the Democratic members of the Oklahoma delegation in Con­ ground. In my letter to Senator OwaN I stated that if it was impossil>le gress have for years been making the most vigorous efforts to obtain to furnish me with copies of all of the exhibits, which I understand a ettlement of the affairs of the Five Civilized Tri!Jes and to reduce are quite voluminous, to bavc prepared and sent to me an exhibit of a the Federal contt·ol over Indian affail·s in the State of Oklahoma to single county and I would have that county checked up, and if it was its legitimate basi · ; and found to be accurate it might be assumed that the report in its entirety Whereas Bon. CBAnr.Es HENRY BURKE, of South Dakota, and Bon. was accurate. JBIES R. :MA 'N, of Illinois, on the floor of the House of Representa­ I am willing to make just as speedy and thorough investigation as tives, have denounced the probate judges of eastern Oklahoma as it is possible to make; in fact, am anxious to make such an investiga­ corrupt in dealing with the estates of Indian minors through pro­ tion. If the charges made by 1\lr. hlott are one-half true, then certainly fessional guardiar.s, using as a basis for their attack a report of some sort of legislation is needed to protect the estates of these Indians. Novembet• 27, 1912, by :Mr. :M. L. :Mott, national attorney for the No man. either in or· ou[ of the State of Oklahoma. ls more deeply con­ Creek Nation: and cerned in the welfare of this class of our citizenship than am I, and I Whct·eas the good name of the administration of the State government will cet·tainly pm forth all of the effort it is possible for a governor in Oldahoma is deeply affected by a charge of this charac~er. which, to command to see that they are protected from the impositions of iu effect, holds 'JP to public scorn of the people of the Umted St.at.es guardians and administrators and from the wrongs of sworn omcia Is. the probate judges of the State of Oklahoma and the State admtms­ If ycu can hasten the delivery into my hands of the information I tra tion ; and have asked for, it will aid me in more quickly starting the investigation. Whereas the cffect of this nssault upon the good name _of th!'l proba!e I am, yours, truly, judges of Oklahoma in dealing with the estates of Iudtan IDinOl'S Will LEE CRUCE. be t·o encourage Congress to enlarge the Federal jurisdiction .o~er Indian estates in Oklahoma rather than to terminate Federal act1v1ty MATICH G, Hll3. in these matters: 'J'berefore be it Resolved, That a copy of the :Mott report be immedlat~ly tr~nsmitted Gov. LEE CRUCE, to t!:!e , with request that be 1~vestig~te the Oklahoma City, Okla.: allegations made therein; that be call upon all county JUdges m east­ Let me know at once if any action was takPn by legislation for pro­ ern Oklahoma for information with regard to this matter and ta~e such tection of Indian minors. Will there be nn extra session, a nd when? other tcps as may be necessary to correct tbe conditio!lS complamed oi', c. D.CARTEII. if t1·ue, and to inform the Oklahoma dele~ation of the tru.th of ~-h~ matter, if these allegations at·e not true, or 1f they can be sat1sfactonly explained· that a copy of the CONGRESSIONAL RECORD showing the de­ OKLAIIO~IA CITY, OKLA., March G, 1913. bate in the House of Representatives be transmitted to .the g~vemor !or Hon. C. D. CARTER, his further information, and that be be urged to take 1mmedmte action Congress Hall, Washington, D. C.: in the premises. Bill providing protection Indian minors still with senate committee. THE SECRETARY OF THE I 'TERIOR, Judge Hill, of McAlester, trying to get it reported. Extra session will Washington, December 16 .• 1912. be called immC'diately following regular session. LEE CnccE. Go'Venwr. Bon. CHAULES D. CARTER. House of Rep1·esentatives, Washington, D. C. 1\[Y I>EAR SIR: During our conference this morning with regard to the MAUCH 9, :Hll3. ·McCurt:tin contract you mentioned casually that the Oklahoma ?elega­ Mr. J. T. 1\IclxTOSH, tion in Congress ot' some of it, intended asking the governor or Okla­ State Legislature, Oklahoma City, Ol•la. homa to make an' investigation into the Rihtatio.n in that State c_on?ec~e d MY DEAl: SIR: I sincerely hope the legislature may see the impor­ with the probate of the estates of Indian mmors. I tbrnk ~t 1s Im­ tance of amending the pi"Obate Jaws of Oklahoma so as to insure bet­ portant that a thorough investigatio!l should be made by. some _Impartial ter protection in the settlement of minor estates and full-blood heirs. and vigorous agency, and I would llke to kn?W whether the reqt;test to When tbe bill, which afterwards became the act of 1\Iay 27. 1008, which you refet· has actually been made ; or 1f not, what steps, 1f any, was pending in Congress the provisions giving the probate comts of you think will be taken. Oklahoma jurisdiction of the est~tes of minor Indians and of the np· Yery truly, yours, "·a.LTER L. FISTIER, Secretary. prov;tl of conveyances of the full-blood Indinn heh·s of the dcceased allottee<;, were attacked on the ground that the local State courts cou!d DECE:l.IBER 10, ll)12. not be trusted to properly protect them, and a vigot·ous fight made against ttese provisions. The Oklahoma delegation, including Sennlor'" llon. WALTER h FISHER, OWEX and GORE, Congressmen FERRIS, DAVE!\'rOR'l', and myself, pledged Sec1·ctm·y of tlle Intel"i-or, Washington, D. C. Congress that the State of Oklahoma would safeguard the intert-sts of MY DEAn Sm: In reply to your inquiry of the 16th inst~nt. concern­ its mln0r and incompetent full-blood Indian ht-h·s. ing my reference to request made upon the governor of O.{~ahom_a for This net of :May 27, 1908, giving the probate courts of our State jur­ an investigation in connection with the probate estates of Ind1an mmors, isdiction to approve conveyances of the full-blood heirs of deceased I will say that such resolutions were addressed to the governor of our allottees conte::nplated, of course, that the courts would make such rules State by the Oklahoma delegation several days ago. and regulations as would insure complete protection. Yery truly, yours, Complaint h~s been made repeatedly, both by departmental report ancl in sneeches on the floor of the House and Senate, that deeds have been appt:oved by the probate courts without an appraisement of the land , DECE~IBER 30, 1912. without bearing rn open com·t, and, in fact, upon a petition presen1£'d Gov. LEJ'j CRUCE, in chambers, which, it is alleged. has resulted In the estates or helples:> Oklahoma Oitv, Okla.: persons being completely dissipated and squandered. On December 24 our delegation addressed resolutions to you concern­ Since Gov. Cruce's message, transmitting \.he partial report of Assist­ ing certain irregularities and corruptions alleged by the i\Iott report to ant Examiner and Inspector Cahill, states that these charges are, in have been committed by county judges and otbet:s. in easter~? O~lahoma. substance, correct, and that the cost of handling these estates is " ex· I am receiving Jettet·s ft•om leading Oklahoma ctttzens confirmtng some travagant beyond defense," and since the bouse has already taken action of these chat·"'es. The matter will likely be again brought. before the in the premises, the responsibility for the correction of these evils seems Ilouse, and ~aybe congres ional investigati~n asked immediately af~er to rest entirely with tbe senate, and specifically with the committee of reconvening" Wednesday.. January 1. Would It not be, better ~o have m­ which you are chairman. vestigation started by you bef~n·e that time, and cant _you. g1ve _me _as­ I have not critically examined any of the bills now pending beforo surance immediately both by wtre and letter that searchmg mvesbgatlon the State legislature, but I think we should certainly have legislation which will regulate and reduce to a minimum the cost of adrninisterin~ will be instituted at once. c. D. CaRTER. these estates, legislation that will give the incompetent proper repre· sentation in the sale of his property and disposition of the proceeds thereof, and legislation that will provide for hearings in open coUI't OKLAHO~IA. CITY, OKLA., December 31, 1912. after notice of all important matters affecting these estates. lion. C. D. CAR'l'ER, Unless our legislature takes some ldnd of action looking to l>ett<'r Hottse of Representati ~Jes, WashingtOIL, D. C.: protection in these premises. I seriously fear that Congress may attempt As soon as I receive data called for in letter of December 18 to to divest our probate courts of this jurisdiction, which woulc.l simply Senator OwE:-:-, I will institute thorough and searching investigation into mean a complete "tying up" of the progress of our State l>y Federal :Mott charges. Letter follows. court procedure and departmental red tape. LEa CRUCE, Go1Je1·nor. Yours very truly, C. D. CAuTEr:., ' Chainnan Committee on Probate P1·ocedure. DECEllBER 31, 1912. Gov. LEE CRUCE, MARCH 0, 1!)13. Oklahom(£ City, Okla.: Gov. LEE CRUCE, Senatot• OwE:s's secretary informs me all data forwarded you on De­ Oklahoma City, Okla. cember 20 immediately after receipt of request. C. D. CATITER. DEAR LEE : Herewith I hand ;y-ou !etter expre~sing briefly my views. as to the necessity for probate legislation, and whtcll I ask you to he lnntl OKLJ\.IIO~U CITY, OKLA., January 2, 191S. enough to have properly placed before the committee ha~ing jurisdiction. Without some legislation along the llnes suggested m your messa~;c C. DM~~~bTe"';.R~f Cong1·ess, Washington, D. C.: I think we have little hopes of getting matters loosened up at this end Data sent by Senator OWE:i not recei;ed. of the line for some time to <"Orne. LEE CRUCE, Governo1·. Your friend, ----. 1914 .. CONGRESSIONAL RECORD-·HOUSE.t 3491

APRIL 7, 1913. Mr. CAMPBELL. And working for appropriations to get Gov. T,EE CRUCE, Ol;,lahoma City, Okla.: men to go down and stop it. Has my letter on probate matters been referred to Senator Mcintosh 1 Mr. CARTER. The act of May 27, 1908, had an appropria­ c. D. CARTER. tion of $90,000 for the employment of special agents. "\\.,..ho was the first man appointed? I want to ask the gentleman from STATE OF OKLAHOMA, Kansas; he ought to know. · Oklahoma City, Aprl£ 7, 1918. Mr. CAMPBELL. I do not know. lion. C. D. CARTER, Washington, D. 0. Mr. CARTER. Perhaps you have forgotten. I will tell you.: DEAR CHARLIE : Replying to your telegram just received, 'Yi-Il say· He was a man who had never had any business reputation, who that on the 14th day of March I transmitted your letter regardmg pro· had never had any reputation or standing in the community as bate matters to Senator Mcintosh, and presume it is still in his hands. a business man; a man who was not a lawyer; a man with no Yours, truly, LEE CRUCE. experience in such matters; and the only thing that he had to commend him was the fact that he was a partisan secretary o:fi APBIL 22, 1913. the Oklahoma Republican executive committee and was on ali j Gov. CRUCE, Governor of OkZahomar down the line. Now, what did these agents do? What protec­ J. J. McALESTER, President of the State Senate; tion did they offer to the Indians? That is the question that HARVE 1\.IAxEY, Speaker of the House, has so often been asked by us on the floor of this House and Oklahoma Citv, Okla.: still remains unanswered. They did nothing, as the gentleman: Your delegation in Congress desires to respectfully call your atten­ tion to the necessity for amending and improving our probate laws for from Kansas knows, except to use Federal funds provided them the better protection of minor estates and full-blood heirs. The numer· for the purpose of trying to antagonize the Indians in Oklahoma ous investigations of these matters made by Feder~~:l employees report against our State administration, which was Democratic; and a ppalling conditions. These reports have been e:xpl01ted in both Cham­ bers of Congress. An investigation by our State authorities confirms all this graft that has been exploited on the floor of this House such reports and finds the derogatory accusations of the Mott report happened under this system of protection by the district Indian ·• substantially correct." Yqur delegation is sure to he confronted wi~h agents and while the district Indian agents claimed to have been these charges and this admission when attempts are made to get legis­ lation. Unless something is done toward outlining a procedure which on the job at every turn in the road. Our complaint was not will regulate and reduce to a minimum the cost of administering these directed so much to the existence of the agent as it was to the estates which will give to the incompetent proper representation in character of the agents and their neglect of their work and play­ the sal~ of his property and disposition of the proceeds thereof, which will provide hearings in open court after due notice on important mat­ ing politics. They were appointed for the specific purpose of ters alfecting these estates, and which generally tightens up our pro­ protecting these Indians in probate matters. The very alleging bate procedure, along safe and honest lines, your delegation in Congress of these frauds by gentlemen on the floor of this House is proof will be unable to get congressional legislation necessary for the devel­ if opment and prosperity of our State, and it may. be extremely difficult sufficient that they were not doing their duty, because they1 to retain such probate jurisdiction as we now have. had done their duty the Indians would not have been robbed. R. L. OWl!lN, Chairman, B. S. McGurnE, We were not opposing these agents because they were ginn~ CLAUDE WEAVER, 8ecretar11. DICK T. MORGAN, protection to the Indians, as I stated on the floor of this House T. P. GORE, JAMES s. DAVENPORT, W. H. MURRAY, C. D. CARTER, at that time, but we were opposing them because they were fail... J. B. THOMPSON, SCOTT FERRIS. ing and refusing to give the very protection for which this Fed­ Lee Cruce: To avoid expense of wiring all members, please have this eral Government was paying out its hard-earned money and message read to both house and senate. which, in the light of things, it is alleged, the Indians needed. J". J". McAle!?ter : To avoid expense of wiring all members, please have this message read to the senate. I ask any man here to dispute this fact. If these district Indian Harve Maxey: To avoid expense of wiring, please have this message agents had done their duty, would we ever have had these read to all members of the house. charges of wholesale fraud against Oklahoma brought into this Now, if there is anything else that ought to have been done House? No; because the only duty they had to perform was to with reference to the court to protect minors. I would like to protect the restricted Indians. know it. As the gentleman from Kansas [Mr. CAMPBELL] would But those gentlemen busied themselves mostly by going out have you believe, and as the gentleiilllll. from South Dakota [Mr. among the Indians and giving them the information that the BURKE] insinuated, there is no denying that there is some senti­ Democratic Party were not their friends; that the Republican ment in OklahDma against this probate legislation. But what I Party were their friends; that they must stand by the Repub­ want to assert here and now is that it is confined largely to a lican Party; and I can get numerous affidavits to that effect class of grafters, with whose purposes not a man on the Okla­ .and put them in the REOORD if the gentleman would like to homa delegation, no member of our State adm!nistration, and see them. none of our good citizenship has any sympathy whatever. Mr. MANN. It is true. We do not require an affidavit as 1\'Ir. CAl\IPBELL. Mr. Chairman, will the gentleman yield? to what the gentleman has said about the Republican and Mr. CARTER. I will be glad to. Democratic Parties. Mr. CAMPBELL. Has the gentleman protested here or else­ Mr. CARTER. I have no quarrel with the gentleman from where, or taken any steps to stop that sort of ~rafting, before Illinois for saying that. That is what he is here for. this year? Mr. THOl'rfPSON of Oklahoma. Mr. Chairman, when the Mr. CARTER. Yes. I just read a letter which was written gentleman gets through talking to the empty seats over on the to that end last year. other side I want to ask him a question. Mr. CAMPBELL. This is the first time that the gentleman Mr. CARTER. This side over here need the light of r~ has been in favor of an appropriation. · ligion thrown into their souls. Mr. CARTER. For what? 1\Ir. THOMPSON of Oklahoma. They need a good deal o:fi Mr. CAMPBELL. For attorneys, as you call it. light about Oklahoma. Mr. CARTER. No, sir. The appropriation for attorneys was Mr. .I.\1A.NN. We will have to get some new .Members to give put in at the Senate end of the Capitol, by Senator OwEN, at it to us, then. my suggestion, because it was subject to a point of order here, Mr. THOMPSON of Oklahoma. The gentlemen over there and he will tell you so. could not understand it, anyway, no matter who gave it to­ Mr. CAMPBELL. The gentleman from Oklahoma had the them. same opportunity to take up these cases that have been referred Mr. MILLER. The gentleman knows this is not a new mat-­ to during the investigation, every word of which, I believe. the ter. I am quite confident the gentleman must recollect the d~ , gentleman from Oklahoma heard-the same opportunity as the bate we had on this same proposition two years ago. Member from South Dakota [Mr. BURKE] or myself, or the Mr. CARTER. I have just recently rend every word of it11 Member from Minnesota [Mr. MILLEn] had. Has he ever pro­ and am thoroughly familiar with it. tested against that sort of graft before? .Afr. MILLER. Was not the membership on this side of the Mr. CARTER. The gentleman from Kansas now addresses Honse advocating the retention of those district agents for the himself to the only real point of criticism that could be brought sole purpose of looking after probate matters? against any Member of Congress from the State of Oklahoma, Mr. CARTER. I will not attem:'t to say what intentions to wit, that tills alleged graft has gone on and that we have prompted the Members on that side. They may have been per-! not protested against it. We have not protested against it be­ fectly honest, and I assume they were, but they were proposiTI~ cause we did not know it, because we had been in Congress for to retain on the pay roll a band of political gangster;:; that had! 10 or 12 months out of every year, because we were kept here done absolutely no service for the Indians, with a few isolated and had not the opportunity to find these things out. and as exceptions. soon as we found them out and were convinced of them we Mr. MILLER. I will not stand for that statement. went to work to try to get real relief, while the gentleman from Mr. CARTER. In a moment I will yield. The gentleman; Kansas [Mr. CAMPBELL] was taking his part out in getting it ought not to interrupt me in the middle of a sentence. I say. out of his system here on the floor of the House. · they were a band of political gangsters who were giving :Q.O 3492 CONGRESSIONAL RECORD-}iOUSE. FEBRUARY 14,

protection to the Indians, but were traveling all over that Mr. CARTER. If the gentleman will possess his soul in country, spending the funds of the Government, trying to tell patience, I can, with a few exceptions, go down the line with the Indians that the Democrats were not their friends, and the whole 18. were a detriment to the country, and that they ought not to Mr. DO NOVAN. Mr. Chairman, I make the point of order have anything to do with them. Now, that is a very good thing that the gentleman from Minnesota has not. had recognition for a Republican to tell, but I should like to have him do it at from the Ohair. his own expense, and not at an expense to a part of which I con­ Mr. THOMPSON of Oklahoma rose. tribute. Th~ CHAIRMAN. Does the gentleman from Oklahoma yield 1\Ir. MILLER. Of course I can not agree, and in my judg­ to his colleague? ment the facts do not agree, with the statement the gentleman Mr. CARTER. I will. has just made. But that aside, is it not also true that two Mr. THOMPSON of Oklahoma. When ~ou were a boy I sup­ years ago, and a year ago, the gentlemen on the Democratic pose you went to shows, did you not! side contended that it was not necessary to have these agents, l\Ir. CARTER. When I had the money, and if I did not I because there were no frauds in Oklahoma. sometimes crawled under the tent. [Laughter.] Mr'. CARTER. I speak for myself alone, and I invite the Mr. THOMPSON of Oklahoma. And when there was a large attention of the gentleman to a close scrutiny of the RECORD to crowd around there was always a shell game, was there not? see if I made any such statement as that. Mr. CARTER. I have heard of that. Mr. MILLER. My recollection is-and I was here through Mr. THOMPSON of Oklahoma. But we have bad no more the debate-that it was universally claimed, on the opposite of this kind of a thing in Oklahoma than they have in other side of the aisle, that there was no need for these agents, be­ States in proportion to the size. cause this condition did not exist there at all. Mr. CARTER. In proportion to the number of Indians, I 1\Ir. CARTER. Perhaps I occupy so small a place in the mind judge not. of the gentleman that the matter was universal without my Mr. THOMPSON of Oklahoma. One more question. This taking part in it. man Mott the gentleman is talking about; is he the man that Mr. MILLER. I do not want to occupy too much of the gen­ was attorney for; the Creeks for 10 years and spent $125,000? tleman's time, but let me ask him, What does he think about Mr. CARTER. I believe he stated that before the Secretary the advisability of having agents of this kind, and the need for a few days ago. · them? Mr. THOMPSON of Oklahoma. And is he the same man that Mr. CARTER. Mr. Chairman, as I have stated time and lived in Oklahoma 10 years and never became a citizen and again on the floor of this House-and there are some Members never paid a cent of tax? who do not agree with me on this-I think it is the duty of Mr. CARTER. I believe he admitted that. the Federal Government to protect and take care of every in­ Mr. THOMPSON of Oklahoma. And is he the same man that competent Indian who is incompetent on account of Indian practiced law in Oklahoma and never was admitted to practice? blood; but I do not think that should be carried to the extent Mr. CARTER. He also admitted that before the Secretary, of paying out a lot of money to supervise my affairs and the I understand. affairs of other Indians who, like me, are less than half Indian Mr. THOMPSON of Oklahoma. That is the same fellow? blood. Mr. CARTER. Yes. 1\fr. MILLER. There is no question about that. That is Mr. THOMPSON of Oklahoma. Then I want to say if thnt not, however, an answer to the question I propounded. My is the fellow, the people down in Oklahoma do not believe any­ query was, and is, Does the gentleman now think that there is thing he says. need for agents of the United States Government to protect the l\Ir. CARTER. I think there is very much virtue in what the estates of minors and incompetent Indians? gentleman from Oklahoma says. Mr. CARTER. I am glad the gentleman called my attention Mr. THOMPSON of Oklahoma. I want also to say that the to that, and in reply I say yes, if you get agents who will pro­ Mott report was made for political effect. I will not ask any tect them; but I do not think you or anybody else have the more questions, but I will take my own time after the gentleman right to stand on the floor of this House and attempt to defend closes. a bunch of political gangsters, such as most of the district Mr. CARTER. Now, l\Ir. Chairman, how much time have I agents were. consumed? Mr. MILLER. The gentleman does not mean that. The CHAIRMAN. The gentlemnn has used 41 minutes. 1\fr. CARTER. I mean exactly what I say. Mr. STEPHENS of Texas. How much time remains to this Mr. MILLER. Oh, no. side? Mr. CARTER. I can furnish the gentleman evidence of it The CHAIRMA.1~. Forty-eight minutes. and put it in the RECORD. Mr. CARTER. Mr. Chairman, I can go down along the line, Mr. MILLER. A man blinded by partisanship might consider and if the gentleman insists I can call the names and put them it evidence, but I do not think any fair-minded man would. in the RECORD. Mr. CARTER. Here is what one of those agents did, and I l\Ir. MILLER. The gentleman calls them grafters. can put his name in the RECORD if necessary. One of those Mr. CARTER. No; I said political gangsters. agents, _wllen he was appointed, told a banker at Oklahoma Mr. MILLER. I may have misunderstood the gentleman. City-the banker is there now, and he is an Indian-" I am going Mr. CARTER._ I think that when a man goes into a gang ol'er into the Choctaw Nation." and spends Indian money for political purposes, he approaches " What are you going to do? " pretty near a grafter. '' I am going to make Republicans out of those Indians over l\Ir. MILLER. But the gentleman does not mean to accuse · there. We will not have a Republican Congressman this year, them of being grafters? but we will cut CHARLIE CARTER's majority down, and we will Mr. CARTER. A number of them were relieved of duty on have a Republican Congressman two years thereafter." account of grafting, but what I say now is that I accuse them of He made good on his first threat, but he did not quite make neglecting their duty to play politics, I accuse them of not tile boat on the second; and if he was not a political gang:Jter, giving the Indian the protection that they were paid to give; then I would like to· ha l'e a definition of the term. that it was their duty to protect them against the very things 1\Ir. MILLER. Oh, well-- that the Mott report complains of; that we were paying $100,000 Mr. CARTER. I am not half through. I am glad the gen­ to them for this very purpose, and they were rendering prac­ tleman called my attention to it. Two of these district agents tically no service, except in a few isolated instances. If they went into conference, and another one happened to be present, were rendering any material service, how did all this grnft who let it leak out, and says he will testify to it. They were take place? The service they were rendering was political in conference with one of their overhead officials, with the pur­ service to the Republican Party. pose of n·ying to arrange districts in Oklahoma so that my col­ 1\Ir. !~!ANN. Will the gentleman yield 1 league [Mr. FERRIS] and myself might be eliminated from Con­ Mr. CARTER. Certainly. gress; and I can furnish an affidavit from one of the district Mr. MANN. What legislation was enacted by the State Legis­ agents to that effect. lature of Oklahoma?; Mr. MANN. We do not defend that. Mr. CARTER. The letters I have read were sent during the Mr. MILLER. Certainly not. The gentleman has found two closing days of the regular session of our State legislature. men. I join with the gentleman in saying that those men Nothing was done then, but as soon as the special session was should be eliminated from the service. called, we sent other letters and telegrams that I have read. Mr. CARTER. That is what we are trying to do with them; Unfortunately, in Oklahoma, as in other places, we have some that is all. · people who would neglect such important matters as these in Mr. MILLER. The gentleman has mentioned two. the hope of gaining political advantage. Some kind of bill 1914. CONGRESSIONAL RECORD-HOUSl~. 3493 regulating probate matters had passed the house unanimously Rule 4. No receipt from the ward upon the final accounting of a guardian will be accepted or considered unless the ward be brought into and had been referred to a committee of the senate. open court, and upon the hearing of said final receipt the stenographic The Oklahoma delegation was not sufficiently familiar with notes shall be transcribed and a copy thereof filed with the papers in this bill to insist upon its passage, but was asking legislation the case. In the consideration of any reports, annual or final, any item included in any previous report may be reviewed. for relief along lines specifically set forth in this correspondence. Rule 5. Petitions for the sale of land of minors and incompetents will Whether it be true or not, it has been charged that the chair­ be heard --- of each month. On the hearing on petitions for sale, man of the committee in the Senate to which this bill was re­ the guardian, person in custody, and the ward himself, when over 14 years of age, must be present and must be examined as to the necessity ferred was at that time contemplating making the race for for said sale and the truth of the allegations of the petition, and fur­ Congress, and that he expected to make this probat~ matter tlle nish such additional evidence as the court may require. The evidence is ue of his campaign. At any rate, he had sufficient force to offered must be taken down and transcribed and a copy thereof filed with the papers in the case. No bid will be considered by the court bury the bill in that committee. Since that time, I understand, unless a certified check in the amount of 10 per cent of the amount of he ilns concluded that the people of Oklahoma are as honest as the bid be deposited either in court or with the guardian offering the in any other State, and that neglect of the protection of mf?or land for sale. Rule 6. In the sale of minors' lnnds or minors' interest in land, the children's property is not good dope in a political campaign. guardians shall be requit-ed to render to the court for his approval Since the legislature adjourned, I will say to the gentleman before confirmation of sale, an account of sale showing each item of from Illinois. who, I believe, bas this matter at heart and has expense incurred in such sale, and in no case shall abstract fees be charged against the minor's estate, except by a special agreement with often expressed himself to me much along the lines of my own the court at or prior to the time of filing bid. Confirmation will not tllought, the Commissioner of Indian Affairs made a visit to be had except on the ---. Oklahoma. He had three different meetings with probate offi­ Rule 7. Under the sale of real estate by guardian, no fees in excess of the following schedule of fees will be allowed attorneys: cials of our State, came down on the common level, extended On the first :ji500 or less, 10 per cent. the right hand of good-fellowship to them, and told them he From f500 to $1,500, inclusive, 5 per cent. was there not to advise and malign but to assist them in the From 1,500 to $3,000, inclusive, 2 per cent. For al above $3,000, 1 per cent. discharge of their duties and protection of minor estates. He But in no case shall the fee exceed" the sum of $300. The minimum succeeded in getting in complete harmony with the probate fee will be $25, unless the court, in granting the petition for the sale, courts in Oklahoma, and says if we will give him tJ;tis $75,000 shall stipulate that the fee and costs incident thereto shall be borne by for probate attorneys he can offer sufficient protection. to. the the purchaser. Rule 8. No petition for the sale of ward's property or voucher for minors that will prevent any further charges from commg mto the payment by the Interior Department of money to the guardian will this House, that the county judges will be glad to assist him be considered if said guardian is delinquent in making reports or filing in the premises, and that while under the law Oklahoma State inventory as required by law. Rule 9. No oil and gas, or other mineral lease, covering lands belong­ courtl:l have full jurisdiction of probate matters, the county ing to minors or incompetents, will be approved except after sale in judges did not resent the band he has t!lken in the matter and open court to the highest and best responsible bidder. All petitions will give him full and complete cooperation. for the approval of oil and gas leases shall be filed at least five days before the same are sold as provided herein, and notice of such sale The difference in the way that Commissioner Sells handled must be given by posting and by publication, where publication is prac­ this matter and the manner in which it was handled by the ticable, and shall be on --- of each week. former administration is surely responsible for this change of Rule 10. Deeds conveying inherited lands of full-blood Indian heirs shall be approved only on the verified petitions of grant-ors, which shall attitude toward the Federal Government. These district agents set forth the names of the parties, description of the land, roll number and others, in effect, walked up and slapped the county judges of the decedent and grantors and quantum of blood, the permanent in the face, denounced them as crooks and grafters before they residence of the deceased allottee at the time of death, and the character and extent of the interest sold. Said petitions shall be set down for eYer attempted to give the Indians any protection themselves at hearing not less than 10 days from the date of filing, and on one of all. But Commissioner Sells has created such an era of good the two days hereinbefore provided for the confirmation of sale by guar­ feeling among the people of Oklahoma in the way he has handled dian, advertised in the county where the land is located for one week, and probate attorney or local attorney for the tribe of which the this matter that for the first time in the experience of our State grantor is a member shall be notified upon the filing of the petition. our people are beginning to believe that they are really a part Said land shall be appraised, and testimony of disinterested parties may and parcel of these United States. be required as to the value of the land conveyed when deemed neces­ sary by the court. The grantors shall be present and be examined in Ur. :MANN. And before that they thought they were the open court and before such deeds shall be approved, and the court must whole thing. be satisfied that the consideration has been paid in full in the presence 1\fr. CARTER. They knew they could not be that so long as of the court. No petition will be considered when any deed has been Chicago and the gentleman from Illinois were on the map. I previously placed of record upon the land, or taken within 30 days after the death of the allottee. 'l'he evidence taken shall be transcribed yield back the remainder of my time. by the stenographer and filed of record in the case, the expense of Mr. STEPHENS of Texas. 1\fr. Chairman, I desire to use one which, including attorney..'!' fees, must be borne by the grantee. When minute myself for the purpose of placing in the RECORD the set it shall appear for the best interests of the Indian approval will be withheld unless the grantor agrees, in writing, for the deposit of the of ru1es and regulations that have been agreed upon between proceeds derived from the sale of the land, to be expended subject to the Commissioner of Indian Affairs, Mr. Sells, and the County the approval of the county court. ' Judges' Association of the Creek, Cherokee, Seminole, Chicka­ Rule 11. Guardians .shall not expend for or on account of their wards any sum unless first authorized by the court, except in case of saw and Choctaw Nations. I hope that this will pour oil on sickness of the ward or othe::: emergency, in which event notice must the troubled waters, because in the future I do not believe any be given immediately to the court. of these troubles will occur. I ask that these rules and regu­ Rule 12. The national attorney or any of the probate attorneys for the Five Civilized Tribes or the representative of the JDepartment of lations be placed in the RECORD. the Interior--or Department of Justice in the Seminole Nation-will The CHA.IRMAN. 'Ihe gentleman from Texas asks unani­ be recognized in any matter involving the person or property of a cit­ mous consent to insert in the RECORD the rules and regulations izen of such nation. Rule 13. Trust funds must be deposited by the guardian as trustee to which he has referred. Is there objection? and not to his personal account, and where an individual is guardian There was no objection. for several persons or estates the accounts shall be deposited and kept The rules referred to are ns follows: separate and apart. RULES OF PROCEDURE l:i rROBATE MATTERS ADOPTED BY THE COUNTY Rule 14. In the settlement of a guardian's account, where the guar­ JUDGES OF El.ASTE:RN OKLAHOMA. dian is the parent of the ward, no allowance will be made from the JANUA:RY, 1.914. ward's estate for board and keep, except it is made to appear a positive injustice would result from the enforcement of such rule and unless Rule 1. The --- days of each month are hereby set apart and said parent is unable to support said ward. desi~nated as the dates on which the court will hear guardians reports, Rule 15. .All guardians shall be requh·ed to secure loans for funds 1n provided that F-uch reports have been on file and notice given as pro­ theh· hands belonging to their wards with real estate first-mortgage vided in nule 3. security, not to exceed 50 per cent valuation of the land, approved by Rule 2. All guardians are required to make annual or semiannual the county court, for such length of time as will insure the collection of reports, unless othel'wise directed, under oath, showing fully and com­ the principal and interest before the arriving at majority of the wards. pletely the description, character, kind, and value of all property held llule 16. No will or other instrument purportin_rr to be a will covering fo1· their wards. All items of receipts and

Mr. CARTER. When did the gentleman first present those Indians generally are concerned, and particularly in guardianship matters. cases to the House? Mr. CAMPBELL. At the time of the consideration of the I asked the gentleman to yield to me, and I made this state­ very next appropriation bill. ment: The statement made by the gentleman, or the charge made by the Mr. CARTER. I thi!lk the gentleman will find th~t ~e Pl:e­ gentleman, of course, Is n very serious one-that the probate courts sented them during tlle consideration of the appropriation btll and probate judges in such portions of Oklahoma are either Indifferent at the first session of the Sixty-second Congress, in 1912, two to the care of the wards of the com·t or are dishonest and desirous, prac­ tically, of depriving the wards of their property. I hope the gentle­ years ti.ereafter. . man will not make such a statement in the House unless be has some Mr. CAMPBELL. I am very sure it was during the constd­ proof to submit to the House on that matter. eration of the next bill. Now, these are simply samples, as the Thereupon Mr. BURKE proceeded with his proof. The only testimony showed, of what was done throughout Oklahoma by answer that was made at the time was the answer that might probate courts. If this is a reflection upon the people of Okla­ m.turally be made by surprised and astounded counsel. Having homa or the State of Oklahoma, the.y are responsible, and n~t I. no way of rebutting the statement, the gentlemen from Okla­ I have presented the matters here !Je~ause I have deemed It a homa proceeded to abuse the witness, as I suppose the other duty to present every matter here that would arouse the con­ gentleman [l\fr. FERRis] will proceed to do this morning, as he science of ~this Congress and of the people to the outrages that has already done. have been perpeh·ated down there against helpless Indians and 1\fr. .1\fott was denounced in every way that was parlia­ were not being righted within that jurisdiction. mentary, particularly by the gentleman from Oklahoma [Mr. Mr. Chairman, bow much t.irne have I used? DAVENPORT]. 1\Iy recollection is that the gentleman from Okla­ The CHAIRMAN. The gentleman has occupied eight min- homa [Mr. CARTER] rather sidestepped the proposition, not hav­ utes. ing knowledge, · and being always-! will say this-especially Mr. CAMPBELL. I yield 10 minutes to the gentleman from interested in the Indians and in the protection of Indiuns. Illinois [1\Ir. 1\IANN]. And I do not say it with any reflection upon the other gentlemen Mr. STEPHENS of Texas. Has the gentleman from Kansas from Oklahoma, because I believe that to be true of them also. more than one more speech on that side? The gentlemen from Oklahoma after that debate wired the Mr. CAMPBELL. Yes. governor of Oklahoma; they wrote letters to the governot· of Mr. STEPHENS of Texas. I have three on this side. Oklahoma. And on April 22, after having stated in the House 1\Ir. CAMPBELL. I have two more on this side. that they had not believed these 1\Iott statements as made, Mr. MANN. Mr. Chairman, I do not think anyone doubts the the entire Democratic and Republican delegation from Okla­ nbility or the integrity of the gentlemen from Oklahoma w~o homa wrote a letter to the governor in which they made this were in the last House and who took part in the debate on th1s statement-- subject when it was up a year ago. Mr:Mott made an investi­ 1\:lr. CARTER. It was a telegram. gation of the probate proceedings as related to minor Indian 1\Ir. MANN. If it was, I suppose it was sent at Government estates, especially in the various probate courts of Oklahoma, expense. It is a very long telegram. I should can it a long and, although be was assailed a year ago with vituperation on letter. It was probably not paid for by any of the gentlemen. the floor of the House, which is again repeated this morning, not Otherwise it would not have been telegraphed. by one of the gentlemen who took part a year ago, but by one Mr. CARTER. It was right to be sent at Government expense. who rushes fresh into the fray, his report is now conceded, ap­ Mr. 1\IA.l\TN. Certainly it bad a right-to be sent at Government parently by everyone who has investigated the matter, to have expense. I read : been substantially correct and cf great value. · WASHINGTON, D. C., Apr·il 22, 1!J13. When it was submitted last December, a copy was fumished LEE CBUCE, to the gentleman from Texas [Mr. STEPHENS) by messenger Govenwr of Oklahoma, Oklahoma City, Okla.: Your delegation in Congress desires to respectfully call yom· Ji,tten­ and a copy was mailed to the eentlemen from Oklahoma [Mr. tion to the necessity for amending and improving our probate laws for FEBRIS and Mr. CARTER]. the better protection of minor estates and full-blood heirs. The numer­ Mr. CARTER line, I think, came up by special messenger. ous investigations of these matters made by Federal employees report appalling conditions. These reports have been exploited in both The CHAIRMAN. Does the gentleman from Illinois [l\Ir. Chambers of Congress. An investigation by our State authorities con­ _ ·MANN] yield? . fii·ms such reports and finds the derogatory accusations of the Mott re­ l\Ir. MANN. I yield, but I think the gentleman is incorrect. port "substantially correct." • • • I am referring to a statement made by the gentleman from Although my friend from Oklahoma [Mr. FERRIS] signed this " South Dakota [1\lr. BuRKE] a year ago. telegram a year ago, he said this morning that he thought the Mr. FERRIS. Will the gentleman yield right there? Does statements in the Mott report were sub tantially incorrect, as the gentleman haye the record straight u; to date? I am I understood him. not contentious or am not asserting that :his or th:tt may be Mr. FERRIS. I do not think the gentleman is quoting me true. I do not see everything that comes on my desk, printed quite right there. . circulars or things of that kind. Of what date is it? Mr. MANN. That is the reason I am stopping and pausing~ Mr. MANN. I did not mention the date. I · said in December. for the gentleman to correct me if I am not. Mr. BURKE mnde his first speech in the House on December 13, Mr. FERRIS. I have not my remarks before me, but I mean 1912. The Indian bill was under consideration at that time, as I recollect them. and b::id been reported a few days before. I am not criticizing 1\Ir. MAl~N. I am speaking of this morning. the gentlemen because they did not read this report prior to its Mr. FERRIS. That is what I refer to. My present view­ consideration by the House. When the report came to 1\Ir. whatever that may be worth here or elsewhere-is that the BURKE, I say, he happened to look at it. I venture to say it is a Mott report was more nearly correct than I thought it was at "happenst..

Mr. M:ANN. · Not at this time. I think it is proper to say Mr. FERRIS. I do not think the gentleman ought to say that although the entire delegation last April urged the governor that. to have this telegram read before both houses of the Oklahoma .1\fr. ·1\IANN. The Committee on Indian Affairs had this report 'Legislature, which I assume was done, asking for remedial before it. The gentleman from South Dakota [l\fr. BURKE] legislation, and making the statement which I think the g~ntle­ could not require the committee to get together. man frcm Oklahoma [1'\Ir. OAB"rER] read, that the Dklahoma dele­ Mr. STEPHENS of T~xas. I will correct the gentleman on gation could not expect to get tile legislation desired here unless that-- the would grant remedial legislation as 1\fr. FERRIS. We never had it at all during the consideration to probate courts ; as a matter of fact, nothing as yet has been of the bill. done in the way of legislation. And this House, Ur. Chairman, Ur. STEPHENS of Texas. The Indian bill was reported and owes a great deal to the gentleman from South Dakota [Mr. on the calendar before that report ever reached this city. BURKE], who called to the attention of Congress this Mott 1\Ir. MANN. I have stated that already, but the report was report, which otherwise, along with many other documents, in the hands of the gentleman from Texas and on the table of might have lain unnoticed and unheralded until the end of the gentleman from Oklahoma [ Ir. FEBRis], and the gentleman time. Mr. BUBKE called it to the attention of this House. The admitted it a year ago. propositions contained in it were denied in the main on the other Mr. FERRIS. Not I? side of the House, but afterwards honestly and fairly investigated Mr. MANN. Yes. by the gentlemen who at first were disinclined to believe them. Mr. FERRIS. Where? Some gentlemen now say that the Mott report-and the gentle­ Mr. MANN. In tile unpublished speech. man from Oklahoma this morning said that Mr. Mott's state­ Mr. FERRIS. No. ments would not be believed in Oklahoma. Mr. Mott's state­ ments, in my judgmentJ are believed in Oklahoma by the honest The CHAIRl\IAN. The time of the gentleman has expired. people the1·e. I have no doubt they will endeavor to remedy the Mr. STEPHENS of Texas. I yield fi\e minutes to the gentle- conditions set forth. But whether his statements are believed man from Oklahoma [Mr. THoMPSON]. or not, I want to call to the attention of the House the state­ Mr. THOMPSON of Oklahoma. Mt·. Chairman, I had not ments of another pe:rson who, I suppose, will receive credit on intended to say anything on this question, because I am not a the Democratic side of the House-the statements of the pres­ member of the Committee on Indian Affairs, and should not ent Commissioner of Indian Affairs, a Democrat, appointed by have said anything if the people of Oklahoma had not been at­ this administration. He subjected himself to an interview in tacked here and called scoundrels, thieves, robbers, murderers December, in Denver, which was taken down by a stenographer, and accessories before the fact to murder by the gentlema~ and among other things in his statement, which appears 1n the from Kansas [Mr. CAMPBELL] and the gentleman from Minnesota Denver Times of December 31, 1913, occurs this language: [Mr. MILLER] and by other gentlemen on that side. .Mr. Chairman, I want to say that we are very fortunate in The commissioner then touched on a convention to be held in Mus­ kogee, Okla., to Which be goes from here, and which ts to ta.ke up the this Congress in having a MANN in this House. If we did matter of guardianship of Indian minors on the reservations and the not have a man who spelled his own name l\1-A-N-N, we might administration of their estates. not have a single man in the House, according to the gentle­ Then the commissioner said : man from Illinois. I now yield to the gentleman from Minne­ The Indian children of Oklahoma are the richest average children in sota [Mr. MILLER] to ask me the question that he asked my the United States. Howevet', 1t is a lamentable fact that they have colleague [Mr. CARTER] a while ago, if he desires to do so. less statutory protection there than in any other State. In the 40 Mr. MILLER. I prefer that the gentleman make his own counties in eastern Oklahoma there are now pending from 800 to 1,500 probate estates, about 85 per cent of which are Indian children's statement, and then I can determine whether it is possible that estates. he can furnish me any information or not. I have my doubts I have recently discovered that it costs about 3 per cent to settle about it. a white child's estate and that 1t costs more than 20 per -cent to settle the estate of an Indian boy or girl. This is the result of guardians Mr. THOl\IPSON of Oklahoma. I do not know whether it is having been appointed without regard to their equipment and the ac­ possible to furnish the gentleman any information. I can tell ceptance of bondsmen many times wholly insolvent. Enormous fees have been charged by attorneys and unconscionable better after I hear his statement than I can now. During the fees by guardians, together with indefensible expenditures of thei1:. time that I have, I want to put in the RECORD a statement of fonds, whieh hils frequently resulted in the dissipation of their entire the probate laws of the State of Illinois and of the probate property. It 1s not an uncommon thing when an Indian ehlld reaches his ma­ laws of the State of Oklahoma, in order that the people of the jority to find that Ws guardian has .absconded and that Ws bondsmen country may understand what the people of Oklahoma have are wholly financially lrresponsible. It is my determined intention to enacted for the protection of minors in that State as compared reform this indefensible condition, and to this end I have recently ap­ pointed a number of probate attorneys who will give their whole time, with what the people of Illinois have enacted upon the same under my direction, to this work. subject. Mr. MaGUIRE of Oklahoma. Will the gentleman yield right . I desire to say, in addition, that the probate laws of the State there? of Oklahoma that we have in force in that State at this time The CHAIRl\IAN. The time of the gentleiDll.n from Illinois are principally the probate laws enacted during the Republican hns expired. Tenitorial days when my friends from Oklahoma, my col­ Mr. CAMPBELL. I yield to the gentleman two minutes more. leagues, Mr. McGUIRE and 1\I.r. l\IoBGAN, and their party had con­ Mr. McGUIRE of Oklahoma_ Will the gentleman yield? trol of the State. I will submit to my colleagues, Mr. l\IcGurRE Mr. MANN. Yes. and Mr. MoRGAN, if the probate laws of the State of Oklahoma Mr. l\fcGUIRE of Oklahoma. I noticed in the rending of the ha\e been changed since the Democrats have had control of purported statement of the Indian Commissioner that he is the State-except they have not been changed for the better? quoted as stating that there are from 800 to 1,500 guardianship I will yield any part of my time for them to make any state­ cases in the 4() counties in eastern Oklahoma. I just want to ment indicating that the probate laws have been made worse con>ect that statement, so that the House will not get a wrong b1nce the Democrats have been in power in the State of Okla­ impression. There are from 800 to 1,500 of these cases in each homa. of som~ of those counties. Mr. Chairman, I was a member of the State Senate in Okla­ Mr. MURRAY of Oklahoma. In Muskogee County alone homa. in 1912. I favored an amendment to the probate laws of there are O\er 6,000. Oklahoma that made it more stringent and more strict to sell Mr. FERRIS. I think he must have meant to say that there the Indian lands. I do not want to say, and I am not going to were 600,000 cases in all. say, that there has been no violation of the laws there. I Mr. MANN. The statements made by the commissioner are. am not going to say that nothing wrong has been done in Okla­ very largely included in his annual report. homa, but I am going to say, as I said in my question to the 1\Ir. FERRIS. The gentleman has been so fair in his state­ gentleman from Oklahoma [Mr. CARTER] that where you find a ments of the history of this matter that I want to ask him a show you find a Jot of shell-game men, and where there is a question of parliamentary etiquette. Does not the gentleman great number of probate proceedings you are going to find a think it would have been a little better· and that it would have number of men who want to shell game the minors of the had a little more wholesome effect if the gentleman from South State, and we ha e it in Oklahoma. I do not attempt to defend Dakota [Mr. BURKE] bad asked the chairman of the committee everything that has been done in Oklahoma. I want to say that to call the committee together and let them take some action in the amount of wrongdoing in that State has been just as little the committee, rather than to have a great blowing of trumpets as there has been in the State of the gentleman from Illinois on the floor here. or the gentleman from Kansas or the gentleman from Minne­ Mr. MANN. If the action now suggested by the gentleman sota in proportion to the amount of probate business done in from Oklahoma had been taken, no one outside of the Committee that State. Now, I think my colleague from Oklahoma, l\Ir. on Indian Affairs would ever have heard of the Mott report. CARTER, put in the RECORD the report of Mr. Sells. 1914 .. CONGRESSIONAL RECORD-ROUSE. '3497~

1\Ir. CARTElR. No; I did not put the report of Mr. Sells Mr. THOMP.SON of Oklahoma. Name one ·county judge at: in the RECORD. county officer. Mr. STEPHENS of Texas. We put in the rules adopted at Mr. MILLER. I say I do not care to do it now. the convention at Muscogee of the judges of the "Various Five :Mr. THOMPSON of Oklahoma. The gentleman can not do it. Civilized Tribes. · Mr. MILLER. The gentleman from Oklahoma in his speech Mr. THOMPSON of Oklahoma. I would like to have that in spoke of his services to the State. I was reminded of an in­ the RECORD to show that there was complete harmony between stance that occurred in the Philippine Islands when Mr. Taft the Indian Commissioner's office and the probate judges in was governor of those islands. After considerable time he con­ Oklahoma. I want to say, in conclusion, that 1\Ir. Sells told me cluded he would make a trip into the mountain provinces. To personally that he found no body of men in this country who do so it was necessary to ride on a pony. A pony is a very were more willing to cooperate with him in straightening out small beast of burden. Eventually he did, however. He rode the probate business and doing justice to the minors than he about 150 miles up into the mountain provinces, and was so ex­ found among the probate judges of Oklahoma. tremely satisfied with the result that he wired to a friend in We have orne people in Oklahoma who would not be entitled America and said, "I have just made a trip up into the moun­ to be called angels, but the percentage is as small as in any tain provinces, riding a pony, and I am feeling fine." The of the States where our critics reside. friend cabled back, "That is all right for you, but how about .Mr. CAMPBELL. Mr. Chairman, how does the time stand? the pony?" Mr. Chairman, the gentleman from Oklahoma [Mr. The CHAIRMAN. The gentleman from Texas has 30 min­ THOMPSON] stated that he had bestrode the Senate of the State utes remaining and the gentleman from Kansas 25 minutes. of Oklahoma for a time. I have no doubt he did, and I have l\lr. OAMPBELL. I yield to the gentleman from Illinois [Mr. no doubt that his appearance now justifies the good effect it ~!ANN). had upon him, but how about the State of Oklahoma and the 'Mr. MANN. Mr. Chairman, the gentleman from Oklahoma senate of that State? [1\lr. THOMPSON], who has just taken his seat after addressing If there was need for the delegation from Oklahoma one year the Rouse on this subject without throwing any light upon it, ago to unite in a memorial to the senate and house of that State made the charge, in a moment of wildness, that the probate and -say, u For God's sake, pass some kind of law or do some­ courts of illinois had been as corrupt and dishonest, practically, thing to ·suppress those frauds," then what was the gentleman a-s the probate courts in Oklahoma in these Indian affairs. The from Oklahoma [Mr. THOMPSON] who has just spoken doing charge is absolutely baseless. The gentleman had no informa­ during an those -years he was in the senate, with these frauds tion on which to make a charge. I do not suppose he has ever transpiring directly under his notice? investigated the subject, and I defy him to produce any evidence Mr. Chairman, I did not, however, seek the time of the HolLc;e to that effect. to discuss at any length this phase of the question. As has been Mr. THOMPSON of Oklahoma. Will the gentleman -yiela? intimated this is an old subject of controversy. This present Mr. MANN. Yes. moment is something like fighting a battle after it is all over, Mr. THOMPSON of Oklahoma. I did not make that charge. and now that it is over I really feel in my heart that I would I said that I wanted to put in the REcoRD the probate laws of like to say a word or two somewhat generally and possibly not Oklahoma and the -probate laws of Illii:wis, and I said there was in point. This is the third consecutive year that we have fought no greater percentage of violation in Oklahoma than there was out this question. Generally the gentlemen on that side of the in Illinois. aiSle, many of them from Oklahoma, have taken issue with some Mr. MANN. That statement is incorrect. of the statements made upon this side. I want to say, with the 1\Ir. THO~fPSON of Oklahoma. That is the gentleman's u~ost earnest:Iress I can command, that no man who has repre­ statement about it; I deny it. sented the State of Oklahoma, so far as I know, in the years l\Ir. :MANN. I do not care whether the gentleman denies it or past, when these controv-ersie-s have been under consideration, not. I dare the gentlema,n to produce any evidence on the has acted except as he viewed his duty ana his consci-ence. ~ subject. believe they did not becom-e aware of these peculiar conditions :Mr. THOMPSON of Oklahoma. J say it is true. existing in some parts of that. State, and I do not wonder that Mr. MANN. The gentleman is talking wildly, as usual. they tried to protect the name of their State by demanding the Mr. THOMPSON of Oklahoma. The gentleman is talking in­ proof from this side. It took us some time to produce all of accurately, as usual. the proof. It has not all yet been produced, but enougn has been produced so that ·they have been .convinced of the rightful­ Mr. CAMPBELL. :Mr. Chairman, I yield 15 minutes to the ness of the position we took, and I think it is to their eternal gentleman from Minnesota [Mr. MILLER]. credit that during the past yea1·, as a whole, they have so right­ 1\fr. MILLER. Mr. Chairman, I was not in the least unaware eously upheld the right and honor of the Indians and of their of the gracious offer on the part of the gentleman from Okla­ State by· advocating a remedy of the conditions existing. But homa [Mr. THOMPSON] to furnish information if I would pro­ it must be admitted that the accusations we have made in this pound a question; but I was sincere in my response that I pre­ regard have been entirely true and that they have been sub­ fei-red to wait until he had spoken, that I might see whether he stantiated by ample facts. .If any doubter still exists, I refer had any information to offer. him to the reports of i:he Democratic Commissioner of Indian I was really a little bit surprised that the gentleman saw fit Affairs, just submitted, on the questiOn of .court frauds in the to inject himself into a controversy now some years old. I State of Oklahoma. ha-ve heard of the child sticking its hands in the cart wheel, .Referring more specifically, Mr. Chairman, to the statement boys sliding down the back cellar when -there were nails in the of my good friend from Oklahoma [Mr. CARTER], wherein he door, with disastrous results. I have .known the buzz saw to claimed that the district agents heretofo1·e existing in the State whirl in the House when wise men looked on and, unlike the of Oklahoma were a lot of gangsters and political partisan gentleman from Oklahoma, side-stepped. It remains for the workers, I do not believe after he reads that in print he will gentleman from Oklahoma who has just spoken to jump into be proud of that portion of his remarks. I run quite confident the buzz saw, throw the monkey wrench into the cylinders, and he will regret that he put it exactly in that manner. I know he say. " Hip, hurrah; let the thing go on ! " would not want to be unfair or unjust, and I do not believe The gentleman stated that the difficulty, if any, existing in he would want to make a .statement like that in the CONGRES­ Oklahoma was due to the kind of probate courts and probate SIONAL RECORD and let it stand for all time to come. laws established in that State when the Territory was under Mr. CARTER rose. .Republican administration. Mr. Chairman, that statement goes Mr. ~ULLER. Just let me finish, and then I will be very glad to the extent of his knowledge and information. The fraud to yield to the gentleman. 1 do not mean to say that one or that reeked Oklahoma's fair land from administration of .In­ two, and perhaps three or four, of these men did not engage dian minors' est.c1.tes is not due to the system of probate courts, in some party activity. They never ought to have done it. it is not due to the system of laws that they have there, but to Not a man on this side .would uphold them in anything theY. the profligate, conscienceless men who ndminister the law and did, whether for or against the gentleman from Oklahoma. fill the court positions; and if the gentleman from Oklahoma Their business was of a different kind. Politics was outside of was frank with the House he would stand up and admit it. the pale of their activities, and I am perfectly aware that the lllr. THOMPSON of Oklahoma. Mr. Chairman, will the gen­ gentleman from Oklahoma has a right to be a little bit restive tleman yield? if the things he said in respect to one man are true, and I know Mr. MILLER. Yes. they are true, or he would not say them ; but he should recog­ :Mr. THOl\IPSON of Oklahoma. I would like to have the nize that there is a _great difference between an institution and gentleman name one of those officers. an individual, just as there is a great difference between a pro­ Mr. MILLER. "I can name them. One has been named, but bate court as such and the character of the man who fills the I do not care to put the-m in the REcoRD. office of probate judge for the time being. That these district 3498 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 14, agents were needed has been borne out by an abundance of called Creek town-site matter, and it seemed to me that that proof that would overwhelm any investigator. That their need was the most colossal fraud that had ever been perpetrated on has existed all of these days is borne out by recent investiga­ the Indians in the history of this Government. I tried to get tion and the report of the honorable Commissioner of Indian the actual facts from many men. Finally I wrote to Mr. Mott, Affairs, recently made public and referred to by the gentleman the attorney for the Creeks, and he probably spent three months from Illinois [Mr. MANN]. in getting information, and finally sent it to me in concrete and Mr. CARTER. Mr. Chairman, will the gentleman yield? usable form, and it was absolutely complete. Mr. !IHLLER. Yes; I will yield if it is a shen any scandal associated with the legal origin; that the condition of which we have been talking ex­ work performed for that tribe. I do know that this man ren­ isted long prior to the appointment of these agents; and that dered a great service to the people of Oklahoma and of the they came at a time when the conditions existed; and that they United States when he submitted that report a year ago· and have set themselves to the task of correcting such evils as exist. looking back, as I have, on the work that he has done thet:e the Mr. CARTER. Just one short statement I want to make. last four or five years, it seems to me he has been one of the I know the gentleman does not want to misrepresent these few men who has actually earned his money in working for the things to the House. I call his attention to the fact that re­ Indians. strictions were first removed from the lands by the very act Now, no man can make me believe but that the good people in that created the office of district agent. Oklahoma predominate over the bad. I :mow they do. No ma:::t Mr. MILLER. But minor estates and probate matters ex­ can make me believe that the people of Oklahoma, as a majority isted long before that. or a whole, desire the Indian people to be defrauded. They do Mr. CARTER. But they were in the hands of the Federal not. And so I believe that the people of Oklahoma, the greater courts at that time. They were not in the probate courts of part of the people that compose that great community there, in­ the State of Oklahoma. dorse the work of Mr. Mott. I believe firmly that any attempt 1\!r. MILLER. As to that I am not informed. to· put a reflection or a curb upon the activities of that man will Mr. CARTER. The same act that created the district agents not meet with the good favor of the thinking people there or gave the Oklahoma State courts jurisdiction over probate elsewhere. Now, I am not saying that he ought to be continued • matters. as an attorney or not. But I _am saying that the work be has Mr. MILLER. Mr. Chairman, I have in my bands the report been doing should be continued by some one as he has done it. summarized of the activities of district agents in the State of Mr. CARTER. The gentleman said what was needed in Oklahoma for one year, and I am pleased to give it to the House, eastern Oklahoma was au honest man. He does not want to and especially to the gentleman from Oklahoma [1\!r. CARTEn] convey the impression, I am sure, that there are no hone t men for his information. I find that the district agents during ·that in eastern Oklahoma? one year, which is the year of 1912, made reports under section 1\!r. 1\IILLER. No; if I said that, I misspoke myself. What 6 of the act of May 27, 1908, totaling 671. They reported spe­ I wanted to say is that what the people of Oklahoma w«nt is a cifically to the general superintendent on miscellaneous matters man to handle the affairs of Indians in that State who is au 582. They filed a total of 1,696 ~omplaints against the methods honest man. being used in probating certain estates. Mr. 1\!.ANN. Diogenes could not find one. They disposed of complaints thus filed, by their activities in Mr. MILLER. In eastern Oklahoma? the probate courts, numbering 1,482. They examined into pro­ Mr. MANN. Nowhere. bate cases then pending in the probate courts, in the counties in 1\Ir. MILLER. I hope it will never. be thought that I sought which the Five Civilized Tribes were existing, over 20,000 in to cast any reflection upon the people of Oklahoma any more that one year. The charges of departmenL.'ll leases which they than on people elsewhere in the country. Wherever Indians investigated and referred the recommendations to the general actually exist, either in Oklahoma or in any other place in tbe superintendent totaled 2,W9. The amount of money actually country, you are going to find a laxity of morals on the part saved to Indian allottees by these investigations which they car­ of the whites in respect to their property treatment of the ried on in these courts totaled $54!>,498.91. Indians. It is wrong, it is accursed, and it ought to be wiped That is from the report of the Secretary of the Interior. If out. The reason that more of it exists in Oklahoma than else­ other words are lacldng, here are those of the department in where is because of the fact that there exists more opportunity \Yhich they say these men were working, that they were active, for it. There is more property, and the whites have been per­ that they were energetic in looking after the interests of the mitted to enter aud mix with the Indians owning the land, Indian minors and those whose restrictions had been removed, helter-skelter, in the Indian country. and that they performed a most marked and -raluable service. M:r. FERRIS. Will the gentleman yield? But those days are largely past. I am sorry, howe\er, Mr. Mr. MILLER. Certainly. Chairman, to note the degree of hostility on the part of several Mr. FERRIS. I know the gentleman knows a great deal Members from Oklahoma to the gentleman whose report created about Indian affairs and Indians in his own State. Does the somewhat of a sensation last year. I refer to Mr. Mott. Now, gentleman think that while there is always a great deal of l\fr. l\fott is no friend of mine. So far as I know, Mr. 1\Iott has trouble about the charges and the graft that spring up, there is hardly ever been north of the Mason and Dixon line in his life. also a good deal of inflammable matter which creeps in, too? I believe he went to Oklahoma from North Carolina. Mr. MILLER. There is no doubt about that. l\fr. FERRIS. The gentleman does not limit the scope of his 1\!r. FEHRIS. I have in mind the gentleman's White Earth friends to that line? Of course, I ~ay that in good humor. country, as well as my own State. Mr. MILLER. No; I do not. When I was with a committee Mr. CAnTER. Fifty per cent of it has no foundation, but that went to Oklahoma to investigate I met 1\fr. Mott, and, at there is some foundation for it. ills request, I made a personal investigation into the conduct Mr. FERRIS. Of course there is. of his office, for the reason that he then told me that some Mr. MILLER. And there has been some foundation for the charges had been recently preferred against him. Of course, we charges as to the White Earth Reser-ration, and the gentleman were investigating all Indian-contract attorneys. I have no way knows it. I have been for wiping them out. of knowing how good a lawyer Mr. l\!ott is. I do not know The CHAIRMAN. The time of the gentleman from Minne­ whether he can draw a complaint or not; I do not know whether sota has again expired. he can try a case in court or not; I do not know whether he 1\'Ir. STEPHENS of Texas. lllr. Chairman, for the purpose could carry a case through the various Federal courts or not. of varying the entertainment to some degree, I will yield five . But I do know this, that he is an honest man, :mel what is minutes to the gentleman from New Jersey [Mr. McCoY] . n~eded among the Indians of the eastern part of Oklahoma The CHAIRMAN. '.fhe gentleman from New JQrsey [l\lr. more than anything else is an honest man. [Applause.] I McCoY] is recognized for five minutes. know this, that during the months following my trip to Okla­ Mr. McCOY. 1\lr. Chairman, in reading yesterday's RECORD, homa I made a special and personal iuyestigation into the so- I noticed that the gentleman from Ohio [Mr. WILLis] inserted 1 1914 .. - CONGRESSIONAL RECORD-HOUSE .. 3499. a news item from the New York Times in regard to the con­ Mr. DAVlill\TPORT. Mr. Chairman and gentlemen of the co~­ ditians of unemployment alleged to prevail in Newark, N. J., mittee, I was indeed gratified to hear my distinguished friend a part of which city I have the honor to -represent. The item from Kansas [Mr. CAMPBELL] take the side of the Indian as a stated-and it is in the RECORD here-that about 400 men were general proposition, but I was wondering whether he had not unable to get employment and sought employment from the referred to my speech made on the 8th of April, 1912, when I municipal employment bureau, but that there was no work that took up the question as to the way in which the Indians had could be given out by the bureau. . been treated by our Government from the date of the · first Now, the fact that 400 men are seeking employment in the treaty that was eve;r made with any tribe of Indians by the middle of winter in a city having some 400,000 inhabitants is United States Government, that tribe being the Delaware Tribe not an astonishing statement to have to listen to. It could be of Indians, in the State of New York at that time, and was en­ 'made every year at .this time of the year. But I think that it tered into during the R-evolution. is just as well, as long as newspapers are to be relied upon for in­ But those questions as to what the Government has done for formation of that kind, to read a statement from the Newark the Indian are not questions embraced within this Indian ap­ Evening Star of February 9 in regard to this incident. The propriation bill. I am willing to agree with the gentleman statement is as follows: that up to the present time the Indians have been shifted from ONLY 50 OF 118 WHO DEMANDED WORK .ACCEPT IT-WORK AT .PEDDIE STREET pillar to post and treated according to the whims of the white IS HAMPE.RED WHEN 68 FAIL TO REPORT-EDWARD REDLEU, LEADER OF man, and sent from place to place in order that the white man ARMY AMONG MISSING--CIVIL SERVICE COMMISSION TO NOTIFY OTHERS might acquire the land which the Indian was then occupying. ON LiST TO REPORT IMMEDIATELY. But it does not seem to me that all of the sins committed in • Although 118 men were notified to repo-rt for work this IJ?-Ornmg .on the Peddie Street grading job, only about 50 appeared. The Clvil service shifting Indians from place to place should be debited against 1commisshm sent communications to 118 men, notifying them of the work the white people of Oklahoma. While the gentleman's own ~to be started to-day. They were told to r.eport at 7.30. State has had the honor of having some of the grandest tribes r· The entire number of men that reported were placed to work. Mo.I"e ;notices will be issued by the civil service commission to-day. The city of Indians that ever existed reside in his State, he says nothing can use about ~00 men on the job. Chief Engineer Morris Sherrerd about the valuable lands that were taken from the Wyandottes and the Shawnees in Kansas-lands that are now a part of the 1 ~a{:s~he laborers will be somewhat hampered for a time because of the lnability to find a means of crossing the Jersey Central Railroad tracks cities of Wyandotte and Kansas City, Kans. Nor does the gen­ .with vehicles. As soon as a temporary crossing can be made a larger tleman say a word about the price they received at that time number o1 men can be employed." for their land. It is true it has enhanced very greatly since , The members of the army of unemployed, whose representatives called 9n Mayor Haussling last week, were all notified to place their names that time; and yet the same underlying principle prevailed at ,_ bn the civil-service list if they desired employment. A number of them that time, and so, to get rid of the Indians and make way for aid so, and the list of ellg.ibles now has swollen to upward of 300. the white man, they removed them and required that the Shaw­ Edward Redler, of Fairmount Avenue, who led the delegation which called on the mayor, did not appear for work to-day. He also appeared nees must come and treat with the Cherokees in order to have )>efore the board of works seeking employment for himself and his 500 a home down there. foll.owers. .And so on down the line; and an of that condition exists now I simply want to repeat that, in a city of 400,000, to find 400 in Oklahoma, notwithstanding the fact that we there have only ;men out of employment in the middle of winter is no unusual about one-third of the Indian population tha-t is in the United thing. And I can supplement that statement by saying that such States. a thing has occurred in a lesser degree in the past in my own Now, as to what took place in the previous discussions upon immediate community. The so-called Oranges are a smaller the Indian appropriation bill, the arguments that were made community, taken together, than Newark, because they have at that time and the discussions and insinuations that we had only about 8(},000 inhabitants. I have had some experience in then were made because there were some provisions in the active work in connection with charity organizations up there. Indian appropriation bill that were being questioned. But, I '1We were bothered some years ago with tramps to such an ex­ ask you, why is this argument injected into this discussion at tent that we established a wood yard, to be operated as part of this time? Is it for the purpose of clearing the mind of some the activities of the bureau of charities. All that we required Member as to how he shall vote upon this bill, or is it for the of men when they came there seeking assistance was that they purpose of trying to cast a reflection upon the citizenship of should be willing to take a bath when the proper time came for Oklahoma? It answers itself. that, and to chop up two or three barrels of kindling wood; and We know that we are all human. We know, further, that we for that they got a good supper, a good night's lodging, and a are all sensitive and have a pride in our States; and nobody good breakfast. :Out we no longer operate the wood yard, for knows it better than the Members ·who are here now, because the simple reason that the great majority of those men do not when my colleague from Oklahoma [Mr. THOMPSON] a moment go there really looking for work-- ago said something about what the probate court had done or 1\Ir. ELDER. How about the bathtub? [Laughter.] had not done in Illinois, my good friend Mr. MANN resented Mr. McCOY. They were looking for a bath even less than it at once, because it was the other fellow being pinched that they were looking for work. [Laughter.) The fact is that most time. I know nothing about the courts of Illinois and have of them did not want work. What they wanted was something no desire to say a word about that, because I say that if the for nothing. All that is stated to be true here of a large num­ probate courts in Illinois have handled large estates in adminis­ ber of the so-called army of unemployed in the city of New­ tration and guardianship matters and there has not been injus­ ark. They do not want to work. They wanted-- tice done along the line, it is the first State in the Union that 1\.fr. MURRAY of Oklahoma. Soup? [Laughter.] I have ever known where it did not exist. Mr. McCOY. Yes; soup. The last thing they, many of them, On the 8th of April, 1912, I stood upon the floor of this House ,wanted was work. The deserving wanted to work, and did so and said that we had some dishonest people in Oklahoma, but ,when the opportunity offered. that the percentage of them according to the population was no I was talking this morning with a man who a year ago last greater than it is in any other State in the Union, and I repeat fall ran on the Republican ticket in the city of Newark for that statement. the office of mayor in that city. He is a manufacturer in Now, as to the courts, I am not going to discuss the Mott Newark, one of the largest in his line in the United States. report, except to say that I ask some man to rise in his seat He told me that in the month of January of this year he took and point to the case of a single man who has ever been con­ on 50 additional men, so as to be able to meet the demands victed or has ever turned a dollar into the Treasury or into of his business. He said that they are still on now, and that the estate of a minor as the result of that report. It was a he is now employing a larger number of men than he has ever great advertising proposition, it is true. Gentlemen, I want employed before, and he has been in business for many years. to call your attention to what was existing at the time the I can not say that the same is true with respect to all the in­ 1\fott report was made, and I want you to answer for yourselves, dustries in Newark, but I think it true to a large extent. if you want to go into this question, why was it made at that However, if the gentleman from Ohio [Mr. WILLIS] wants to time? The act of May 27, 1908, provided for district Indian get real information, let him write to the secretary of the agents to look after certain matters in that country under the Board of Trade of Newark, and I am not afraid of having any­ supervision of the Department of the Interior, that was then thing that he will there find out published in the RECORD, operating in Oklahoma. The act went into effect July 27 of [Applause.] that year. Immediately thereafter these agencies were or­ The CHAIRMAN. The time .of the gentleman from New ganized and went to work. The gentlemen who defend that 'Jersey has expired. report have not read a single report of those district agents, Mr. STEPHENS of Texas. Mr. Chairman, I will yield to the and they did not say a word about any report being made, and, gentleman from Oklahoma [M.r. DAVENPORT] 10 minutes. in fact, no report was made until the fall of 1912, four years The CHAIRMAN. The ·gentleman from Oklahoma [Mr. DAv­ thereafter. And note this : Mr. Mott was attorney for the ENPORT) is recognized for 10 minutes. Creek Tribe of Indians, embracing Wago~er and Muskogee 3500 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 14,

Counties. Wagoner County is one of the counties that this material and quoting from Republican newspapers. Now, report especially relates to. .Mr. Mott had been attorney for Mayor CURLEY, of Boston, was never accused of being a Repub­ that tribe for several years at that time, yet not one word of lican while he seryed in the House, and I think he would resent report had been made by Mr. 1\fott, specially employed and .it if he was charged with being a Republican now. I have drawing a salary of $5,000 a year and expenses, about the con­ here a clipping from the Boston Post, an independent Demo­ ditions down there. Not one word was reported to this House cratic newspaper, published on February 12, 1914. It is as or to the Indian Committee of this House about the conditions follows: existing in Wagoner County or Muskogee County until the elec­ WOnK .FOR MEN OUT OF JOBS RAZING HILL-ROURKE SUGGESTS A SOLU­ tion of November, 1912, made it manifest that the adminirtra­ TIO~ TO MAYOR. tion was going to change, and that it would become necessary Mayor CURLEY announced last night that he bad made arrangements for him to hie himself back to North Carolina, or to some other with Commissioner of Public Works Rourke to use Boston's army of country, if they would receive him back, and seek another job. unemployed to level a hill in East Boston, and to fill in and "Tade a city playgro~nd there just as soon as the money is raised to pay these Then he got busy and made his report, and the Indian agents men for their work. began to make reports, but not until 1912 did they do it. FU!'ID FOR UI\'EMPLOYDD. Let me ask this question : For the sake of argument, let us Morrison I. Swift called upon the mayor yesterday and informed the admit that certain conditions were existing there. If so, had latter that the chamber of commerce might raise a fund for the un­ they not existed under the very nose of 1\fr. Mort, the attorney empl?yed of Bosto!l. The mayor immediately got in touch with Com­ missiOner of Pubhc Works Rourke and directed the latter to report for the Creek Nation. Had they not existed under the very to him as to bow the unemployed men could be used to the best ad­ noses of these district Indian agents who were operating in that vantage. country, and had they not existed under the direct supervision Commissioner Rourke suggested the leveling of the old reservoir property in East Boston and the grading of the playground. It was of an Indian agency and an Indian superintendent located in stated by the mayor that the city now only awaits the raisin.,. of the the city of Muskogee, within 15 miles of the town of Wagoner, money to pay these men to have the work of leveling the playground where the Indian allotments of the Creek Nation were handled, st~ried. He said that the city's finances will not permit of this work in which more than 400 people were employed? Yet not one of berng done at present, but that if citizens will provide the money to them made a report here of anything of that kind, so far as we ~~~~ ~b~st~oh~l~one be will gladly put the unemployed of the city to know, until after the presidential election in 1912. I dismiss 20,000 (.UT OF WORK. that subject with that statement. That is the situation us you At least 20,000 persons are out of work in Boston and must be given find it. employment immediately, according to Mr. Swift, in a statement yester­ day. The remedy he suggests is not charity, but public work of a usefnJ Now, as to the courts in Oklahoma, they need no defense. nature, to be paid for by private subscription and arran"'ed for by the They may make a mistake once in a while. Why, we impeached city. His statement, in part, follows: o "Many who havf:' been able to exist in some mannN· until now are a Pennsylvania Federal judge here in the United States Senate at the end of their resources. If something is not done for them, we a short time ago ; but. I ask you, are you going to throw reflec­ snail be in the midst of a great calamity. Conditions might begin tions upon all of the Federal judges of the great State of Penn­ slowly to mend without appreciably relieving this element for a long time. Charity is not the thing, for self-respecting people never fully syl>anin. or upon her citizenship because one man does wrong? recover from its effects. · There may have been one county judge that went wrong. My "TLe thing needed in this crisis is public relief work of a useful colleague [Mr. CARTER] said that one judge did go wrong and natm·e. A living can then be earned and the sense or pauperism be was defeated. There was one county judge, in Adair County, avoided. Full-time work is unnecessary; in fact, many would be un­ able to work a whole day at hat·d, outdoor labor without injury owing Okla., who has gone wrong since the 1912 election, and he has to recent underfeeding or to the indoor nature of their work. ' gone to jail by reason of it, too; and the Mott report and the PLANS FOR RELIEF. district agency did not convict him, either, but Mr. Hastings, "Four or five half days' work a week, paid for at the trade-union the national attorney for the Cherokee Nation, tried him in the rates, would meet the emergency. The least vigorous could be paid by State court and convicted him, and he has paid his fine and will the hour in ot·der to give them a chance to build up their strength. It is wiser to pay the union wage rate and to give less work than to serve his sentence. That is the way they do in our Oklahoma adopt the other course. courts. In Oklahoma, every time anyone goes wrong they mete " City relief work could be given at once if the city possessed the out justice to him. funds. Since these are lacking, they must be contributed by the citi­ zens, if work is supplied. It should be useful work, such as 1·oad build­ It is unwritten history, but it is a fact, that in three of the ing or marshland. draining, so that new values for the city would be ~ases in which Mr. Mott secured indictments in Wagoner created. County-the only three that have been tried have been released "But complete cure and future prevention of unemployment require the existence of permanent municipal works of vm·ious kinds for the and exonerated-.Mr. Mott himself, in open court, asked the absorption of a greater or less number of unemploy<:!d, as the labor court to direct a verdict of acquittal in one case, in another case market fluctuates. These factories should be located upon a municipal the court directed a verdict of acquittal, and in the third case farm, where expert farming would be one of the pursuits." the man was acquitted. With the number of cases that are I suggest that the best remedy is to return to a policy that handled there, there may have been some crime, and I have will keep other countries from furnishing the people in Boston contended that all the time; but to single out Oklahoma as a with products that they buy in the stores and shops of Boston, target to shoot at every time you commence on an Indian ap­ and give employment to the people who are wandering about the propriation bill must certainly be boresome to the average man streets to the number of 20,000 out of work, rather than to on the floor of this House. [Laughter.] Every time they want establish a municipal employment bureau to give work to the to talk about Oklahoma. They should be fair with Oklahoma unemployed and make it a permanent institution. citizens. I do not care what they say about Oklahoma. If they Mr. NORTON. Mr. Chairman, will the gentleman yield? would go down there and mingle with the people of Oklahoma, Mr. CAMPBELL. Certainly. we will show them that we have a citizenship that is not ex­ l\fr. NORTON. Is it to be inferred that the unemployeing there and the money, there will be plenty of work while there are hills going to Oklahoma. He does not mean to cast a reflection upon to cut down. As I say, the better way would be to go back to those gentlemen, but he does want, if possible, to cast reflection the policy which this Democratic administration abolished upon the Oklahoma Members of this House, or it would seem so and which has thrown men out of employment not only in from his remarks. I do not believe he intends it that way ex­ Boston but New York, Buffalo, and e>ery other section of the cepting for the RECORD. Well, he has not many Indians in his country, until to-clay there are literally hundreds and thousands district, and it will not aid him very greatly in a political way. of men suffering for want of work and for want of food and And you can say what you please about the defenseless Indian, clothing. he knows as well as nny other man living when you are trying Mr. BAR~TH..ART. Does the gentleman from Kansas rea1ly to bunco him, and he is not going to take your medicine unless believe what he has been saying? 'he believes it is the proper remedy for the disease from which 1\Ir. CAMPBELL. I do, every word of it; and I might say he is suffering. [.Applause.] much· more. The SPEAKER. The time of the gentleman has expired. Mr. BROCKSON. How many of those unemployed in Boston 1\Ir. STEPHENS of Texas. Will the gentleman from Kan­ were heretofore employed in factories? sas [Mr. C.AMPBELL] consume some of his time? We have only Mr. CAMPBELL. I can not say; that is not stated in the one other speech on this side. article. The article gives it as an unusual condition. But, when Mr. CAMPBELL. 1\Ir. Chairman, I would not use the re­ factories close, the carpenter, the stonemason, the plasterer, the maining time if it had not been for the speech of the gentleman paper hanger, and the blacksmith are affected by it, and clerks from New Jersey [1\fr. McCoY], who replied to a statement in the stoi·es and mechanics are affected by it. made on yesterday as to the unemployed in his State. Mr. BROCKSON. I am not inquiring about that, but does the : When we make a statement here about people being out of .gentleman know how many of the 20,000 unemployed that he employment we are charged with using Republican campaign speaks of were formerly employed in factories or shops 1 1914. CONGRESSIONAL RECORD- HOUSE. 3501'

1\Ir. CA.l\IPBELL. I do not know ho·w· many worked in fac­ Mr. MURRAY of Oklahoma. Yes. I know of ·one of those tories ; I do not pretend to. It is an army of unemp~oyed and agents whose opposition always has been from Republicans, be­ so referred to, and the Democratic mayor of Boston is trying cause there are more Republican grafters than there are Demo­ to find some way to give them employment. He voted for the cratic grafters in that district. I am sure that some of these Democratic tariff bill in the House and threw them out of agents are crooked. Nor has the department done its duty. I employment, and I assume that he feels some responsibility will say to you that the Creek-lot frauds, OYer which there were for their present condition. prosecutions when l\Ir. Roosevelt was President, could not llave Mr. STEPHENS of 'rexas. 1\Ir. Chairman, I desire to leave been practiced if the Federal officers had not known and con­ the soup-house question and yield to the gentleman from Okla­ nived at it .at the time. But, my friends, this fraud is not homa [l\Ir. MURRAY]. limited alone to Oklahoma. If you will read Worcester, the The CHAIRMAN. The gentleman from Oklal:10ma. is recog­ case of a Cherokee Indian against the State of Georgia, you nized for 15 minutes. will find there something to think about, when Gov. Troupe Mr. 1\ffiRllAY of Oklahoma. Mr. Chairman and gentlemen of that State dared the United States Supreme Court to en­ of the committee. I can not imagine the virtue in this discussion force the order of the court against the Indian, by calling out other than that it will prick the conscience of the honest people the State militia, and you will understand that it existed there of Oklahoma, who are in an overwhelming majority in the State. and everywhere, and you will be astonished if you look at the I regret to say, alas, that too much of what the gentleman records of the State of Mississippi. I am sometimes persuaded· to believe that Mississippi once had more grafters than we have, from Kansas has stated is true. I believe out of this discussion even in Oklahoma, particularly when I consider a bill pending will grow an activity in our State in the interest of the State and the In(lians of the State. I am not going to say anything in this House that has for its fundamental result, not object, the appeasing of the greed of the grafters of Mississippi, and I am here that I would n<>t say at home. I said at home that we not sure but that those long, lean, lanh.ry, hungry grafters from have as many grafters to the area as in any other State in the the State of Mississippi are searching to get a portion of the Union. That is true becausewehave more to graft. [Laughter.] Chickasaw and Choctaw funds. The fraud in probate matters is not due to any one thing; it is 1\ir. HARRISON. .Will the gentleman yield? partially due to the inadequacy of the law-to an old statute Mr. MURRAY of Oklahoma. Yes. enacted in the old Territorial days, which had never been changed Mr. HARRISON. Does the gentleman refer to a bill that I since its extension over the Indian Territory portion of the State introduced to reopen the rolls? by the enabling act-and it is also partly due to the burdensome Mr. MURRAY of Oklahoma. Yes. docket in probate matters. Mr. HARRISON. Is it not a fact that the gentleman has also There is hardJy a county in the 40· but what has at least 500 introduced a bill wanting to give to those in Mississippi whom he cases. Muskogee County has upward of 6,000. It is partly due believed had the right under the treaty-- to the employment by the Indians of c:rooked lawyers, who Mr. MURRAY of Oklahoma. I will answer the question. agreed with the attorney on the other side to a statement of 1\fr. HARRISON. But wait one moment. I have not finished facts that would cause an honest judge to approve the order, the question. thinking it was correct because both attorneys agreed to it. Many of the Indians employ shysters for attorneys. That, in my .Mr. MURRAY of Oklahoma. But I have not the time. opinion, is the greatest element in all these cases of fraud. 1\fr. HARRISON. The gentleman should allow me to ask the Hence, the selection of the probate attorneys will remedy that. question. It was partly due, also, to the Indian Department of this Gov­ Mr. MURRAY of Oklahoma. Yery well; hurry and get ernment. Graft is not confined to race, to government, to offi­ through. cers, or to party in our State. Mr. HARRISON. Is it not a fact that the only difference In 1903 or 1904 Congress turned the probate Indian matters between the gentleman's bill and mine is that he would have Qver to the United States court, and until statehood they ad­ the money come out of the Treasury of the United States and I ministered affairs, and I will state candidly I know but one would have it come out of the tribal funds? Federal judge who was very careful in the managem~nt of Mr. MURRAY of ·Oklahoma. The distinction between the ? these estates. I do not mind saying, even if he be a Republicnn gentleman's bill and mine is this, that whatever is due Missis­ politician, that his name was Judge J. T. Dickinson, of Chick­ sippi Choctaws is from this GoYernment, and the further dis­ asha, and he was square in all these dealings. After statehood tinction is I propose to buy them homes and throw restrictions the State courts took them over and frauds have been perpe­ around them so that the grafters can not get hold of them, trate(} there, but eyer since statehood the county judges, as a · and the gentleman's bill is to get the money out of our Indians' rule~ have been honest, but they have been overburdened. There funds so that the grafter can get it. are the exceptions to that rule, but exceptions prove the rule. Mr. CARTER. Mr. Chairman, will the gentleman yield for I believe to-day that there are a greater number of good a question? judges than there were in the beginning of statehood. The .Mr. MURRAY of Oklahoma. No; I have not the time. gentleman from Kansas [Mr. CAMPBELL] referred to men who Mr. CARTER. I just want to ask the gentleman a question. were murdered. In my section of the country I remember now Mr. MURRAY of Oklahoma. No; I can not yield now. I of an Indian who was poisoned by mixing it in Peruna, and want to get through. If you give those MissisSippi Choctaws the grafter had another Indian carry the poison to the victim money. it will mean that in 12 months they will not have a in order to buy the dead claim, which could be done under the cent, and it would be folly to give them money, whether yo~ law. But, my friends, the overwhelming body of the people do it from the Indians of our country or from this Government. of Oklahoma does not approve this dishonesty, this corruption. The only thing to do is to give them homes and throw restrie­ [Applause.] 1 shall not excuse a single grafter. I have met the tions around them so that no grafter can touch them. I want grafter before, having had to deal with every phase of State to suy here that I do not say that the purpose of the gentle­ government since the constitutional convention. I know them man's bill is that, but I contend that that would be the result. when I see them and I have never hesitated to call names on I acquit the gentleman from Mississippi, of course, of any in­ the stump of my State. I said a while ago there was no excep­ tention of doing wrong. He is honorable and bold. I rather tion as to government. I know of a . particular district agent, admire his persistent, vigorous effort for a deserving people. and I have differed with my colleague [Mr. CARTER] on that­ · I want to read now something from a book written by ! believe the agents are necessary now and have been since their Reuben Davis, the greatest criminal lawyer in the State of creation-! know of one of them that a county judge droYe out Mississippi, who for more than 50 years was a member of the of the county for aiding and abetting in the graft of minors' bar of that State. It is a book entitled "Recollections of estates, and I am pleased to state that that county judge bas Mississippi and· Mississippians" and was published in 1889. been appointed by Mr. Sells one of the probate attorneys. Yes, Davis is speaking now of a time just after the treaty was we are hunting for honest men, but above all we are hunting made and this GoYernment was about to move the Indians for brave men. There is enough honesty, but the only man who west, but before their tribal government had ceased and whe]J. makes a good officer is an honest, wise, and brave man. they had a right still to control their affairs. He says: Mr. THOMPSON of Oklahoma. 1\Ir. Chairman, will the gen­ Pushmattabah, a Choctaw chief, had killed one of his subjects. In tlem:m yield for a question? doing this he acted under his tribal authority, and was so far justi­ fiable. But under our law, which had been extended over all the terri­ Mr. MURRAY of Oklahoma. Yes; for a short question. tory conveyed by the Indians to the General Government, the execution · 1\Ir. THOMPSON of Oklahoma. Mr. Chairman, I desire to became murder. Pushmattahah exercised great control and influence ask the gentleman if I did n<>t agree with my colleague from over his tribe. He had in some way incm·red the hatred of the land companies organ­ Oklahoma in sustaining the agency system under a Republican ized to purchase reservations. It was important to them that lle should administration? be got out of the way, and to this end they employed a number of able LI--222 t . ·l 3502 CONGRESSIO~AL RECORD_-HOUSE~ tlfEBRU.ARY 14, attorneys to aid me in the ;prosecution. To avoid censure 1:1_was deter­ Mr. l\IDRRAY .of Oklahoma. I want to ·say to the gentleman, mined that there should be only one speaker. if .he even inferred that I thought ·other than I stated, that I pass now over the description of the trial. The book a:gain I now say I think the ·gentleman from :Mississippi [Mr. HAR­ continues: RISON] had the best motives in the wo·rld when he introduced After short deliberation a verdict of guilty was rendered. Tbe de­ the bill. fendant was informed of the result, and that he would be hung. He Mr. HARRISON. I am sure the gentleman thinks that. was shocked at the mode of death and made pathetic appeals against such an indignity, claiming his right to die like a warrior·. The cou rt Mr. CAR~ER. I do not question the gentleman's motives had no power to interfere, and sentence was pronounced according to at all, but the gentleman in one speech complained ab0-ut a fee the prescribed forms of our law. When this was done, Pushmattahah that was paid to Uansfl(!ld, MeMunay & Cornish. rose to his full height and gave vent to a wild war whoop so full of rage and despair that it was terrible to hear. As there were many l\lr. HARRISON. I did make that complaint. Indians present, there was for a time danger of attempted rescue. Mr. CARTER. I want to know if he knows that it is a fact Application for pardon was made to the govemor, and the chief had that the l\lciUurray fee had about the same protection thrown strong hope that it would be granted. A few days before that ap­ pointed for the execution he was informed that the governor had re­ aTound it as is proposed in his bill? fused the pardon and that he must die what he considered the death -of Mr. HARRISON. Whether that is true or not I do not lmow. a dog. '.rbis communication was made to the unhappy chief in cold­ But I say this: I have a -very high regard for the integrity and blooded and inhuman malice. and the result came near proving fatal. Pushmattahah broke a bottle which chanced to be in his cell and with ability of the Committee on Indian Affairs of this House, and a piece ot' the glass severed an artery in hls left arm. He would have I am sure wHh the gentleman's [Mr. CARTER] experience, to­ died in a short time from loss of blood if the sheriff had not made an gether with the experience of other members on the committee, accidental visit to the prisoner. A pardon was .granted and sent to the she.ri.ff by an express in time to save the life of the Choctaw chief. you -certainly would not repart a bill unless the bill was so safe­ If I could have controlled this matter, this chief should never have gunrded ln that respect, and I will trust to you if I should been prosecuted nor so much as indicted. mnke a mistake about that. In connect ion with this biJJ, the Because it was the work of graftc1·s. gentleman -evidently thinks that the MissisSippi Choctaws have That was a prosecution of the greatest red man by th(! been treated badly. I belie\e the gentleman from Oklahoma be­ State at the instance of a bunch of grafters. So -you find it is lieves there a.re .J)fississippi Choctaws who ought to be enrolled not confined to my State, to party, to official -authority, or con­ and their rights ought to be adjus:te

and get the money, but I would get it from the Indian funds, 1\Ir. HARRISON. The gentleman should know that Mr. Mc­ and I would have them prove their claims and prove their right Murray practically boasted that be wrote the act of 1902, and to be enrolled, and if they can prove it I would put them on the gentleman knows that while the firm of Mansfield, McMur­ the rolls and let them share in ·the funds in the same respect ray & Cornish was getting $5,000 a year to represent the tribe with all the Indians that are now ou the roll. they were getting in addition to that a certain percentage for And I want to say in this connection, too, that there are over every Mississippi Choctaw who could be kept from the ron or­ 1,200 of these Mississippi Choctaws living in Mississippi now taken from the rolJ. who have been identified by the Dawes Commission that ought 1\Ir. CAUTER. I know that the gentleman does not make a. to be enrolled who are not now on the rolls. They have been misstatement to the House. left off for I know not what reasons, but one reason is because l\Ir. HARRISON. I do not. 1\fr. 1\Icrlurray and his law firm got paid $5,000 a year to rep­ Mr. CARTER. The gentleman is mistaken. The contract of resent the tribe, and-- Mansfield, l\Icl\Iurray & Cornish gave them a percentage for 1\Ir. CARTER. 1\Ir. Chairman, will the gentleman yield? taking people off the roll that were already on the roll. They The CHAIRMAN. Does the gentleman from l\lississip11i got not a cent for keeping off the roll anybody who was not yie~d to the gentleman from Oklahoma? already on the roll. :Mr. HARRISON. I will yield after I have finished my Mr. HARRISON. Mr. Chairman, I do not care to take up the statement. time of the House with a further discussion of this matter, but Mr. CARTER. The gentleman from Mississippi has often stood on the floor of this House and charged the responsibility I merely wanted to answer the distinguished gentleman · (l\Ir. MURRAY of Oklahoma] for his tirade against Mississippi. In & to Mansfield, McMurray Cornish for the fact that the Missis­ this connection, I would say, a provision is carried in this bill sippi Choctaws are not on the l'oll. I want to call the gentle­ to make a per capita payment to the Indians now on the rolls. man's attention to the fact that the Mississippi Choctaws case I shall object to it when the time comes on the theory that at was settled prior to the making of the agreement in which he least two or three thousand Mississippi Choctaws are entitlell charges 1\fr. 1\Ic.Murray had such a conspicuous part, and it to be on the rolls and share in the dish·ibution of this fund was settled by the courts of this Nation. just as much as any person now on the roll is entitled to Mr. HARRISON. 1\Ir. Chairman-- share in H. Mr. CARTER I will get the gentleman more time if he de- sires it. · · The CHAIRMAN. The time of the gentleman from Missis­ 1\Ir. HARRISON. Go ahead. The gentleman's statement is sippi has expired. interesting. Mr. l\IcGUIRE of Oklahoma. 1\Ir. Chairman, r· move to strike 1\Ir. CARTER. The case of the Mississippi Choctaws was out the last two words. submitted, by an act of Congres:;;, to the Dawes Commission The CHAIRMAN. The gentleman from Oklahoma [Mr. Uc­ for settlement. The Dawes Commission passed upon it adversely GurRE] moves to strike out the last two words. to Mississippi Choctaws, and decided that they had no right in l\Ir. McGUIRE of Oklahoma. 1\Ir. Chairman and gentlemen the property o·f the Oklahoma Indians unless they removed to of the CQmmittee, I thought I would take no part in this debate, Oklahoma. A subsequent act of Congress was passed giving an by reason of the state of my health, but some things have been appeal to the Federal courts in Oklahoma. An appeal was said with respect to the frauds an

\ 3504 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 14,

four or five years, they began looking up the bondsmen. It was The CHAIRMAN. The gentleman from Texas asks unani~ a new country. We were in a formative state. The popula­ m?us consent that debate on this paragraph be closed in five tion was rapidly shifting, and not more than half the bondsmen mmutes. Is there objection? c.auld be found. ~fr. SISSON. 1\fr. Chairman, I had not intended to haYe any­ The CHAIRMAN. The time of the gentleman has expired. thmg to say on this bill, but I am interested in the Mississippi Mr. -McGUIRE of Oklahoma. I ask unanimous consent to Choctaws; not because any number of them live in my district proceed for five minutes more. for only a few of them live there, but the district which i The OI-LURJ\lAN. The gentleman from Oklahoma asks unani­ represent was formerly practically the center of the Choctaw mous consent to proceed for five minutes more. Is there objec­ Nation. I do know something about the conditions which pre­ tion? vailed there, and I think the statement. made by the gentleman There was no objection. from Oklahoma [Mr. MURRAY] was unwarranted. I do not Mr. McGUIRE of Oklahoma. There was a heavy loss to a believe the gentleman means to say that there is any disposi­ number of minor Indians of this particular tribe of whom I now tion on the part of anybody who is interested in this bill that speak. It was not because the probate judge was dishonest, but the Indians shall be gr~fted upon, and I want to call the atten­ it was because of an unfortunate condition that existed there tion of the House to the situation. which exists in all new countries. Now, I regret the statement Mr. MURRAY of Oklahoma. I said I did not believe that of my colleague [Mr. CARTER], when he stated in effect that the I said I thought they had absolutely good motives. · district agents were in collusion with the grafters. Mr. SISSON. When the Dancing Rabbitt treaty was in Mr. CARTER. Mr. Chairman, the gentleman evidently mis­ process of being negotiated, Greenwood Leflore the Choctaw understood me. I said there were a few of them who were, but chief, refused to sign the treaty unless the Chocta'w Indians who I said that all except a few were a gang of political gangsters. desired to do so could remain in the State of Mississippi· and Mr. McGUIRE of Oklahoma. Very well, then; "a gang of my recollection is that shortly after the treaty was signed political gangsters." Now, I want to tell you how those agents about 5,000 of them took advantage of that provision of the were appointed. We passed a law in this House providing for treaty and elected to remain in the State of Mississippi. them, because we felt the necessity for such a law. I was like Now, they say a solemn contract was made between the Choc­ most other Members of Congress. I do not think there are taw Nation and the•Government of the United States, and the many exceptions on this side, and I doubt if there are many on Choctaws are there now by virtue of that solemh contract. that side. There was no provision that these appointments These people were wards of the Federal Government; they lived should be within the rules of the civil service. I requested back on the creeks in the rural districts. Without going into the privilege of naming some of those parties. I think I named the history of it, a few years ago there was an effort made to one or two. There was no person whom I named who has ever ascertain the number who could properly go on the roll. About had his name associated with any graft. Now, notice this fact: 1,800 of them were found to have the right to enroll as Missis­ One-half of the district agents provided for at that time were sippi Choctaws and participate in the tribal funds. On account named by- the head of the Dawes Commission, and their ap­ of the fact that the money appropriated was either misused or pointments were made irrespective of their political convictions. was insu.tlicient to take these Choctaws to the Indian Territory; I know that some of them were not identified with politics, and the money that was used carried only three or four hundred to I know that some of them did identify themselves with politics Oklahoma and their names were placed on the roll. But these after that, and I have no defense to make for them. We are 1,200 Choctaw Indians who were subject to have their names now providing for attor:neys to consult with the probate judges placed on the rolls did not have the notice, the excuse being that and assist them to take care of these 75,000 cases of minors. the money gave out and the time given was too short. Agents Does any gentleman think for a moment that my good friends carne to the Indians and promised to come for them, but the from Oklahoma are paying no attention to those appointments? Indians will state, and state the truth, that they waited expect­ I was no different from them. I would take care of every ing the Government agents to come back and get them, as they respectable and responsible friend I could, and that has been promised to do, but they did not come, and they were left in that my policy in politics since I entered the game. [Applause.] condition. Now the simple fact that the gentlemen who are now appointed Under the Dancing Rabbitt treaty, which this Congress will and who have been appointed under this administration are all not repeal, the Mississippi Choctaws living in Mississippi have Democrats is no reason why I should assail their integrity rights that they can expect this great Government, who is theiJ.• because there are some good men in the Democratic Party. ' guardian, to guarantee to them. As stated by my colleague, Mr. CARTER. Will the gentleman yield? Mr. HA.RrusoN, by reason of the $8,000,000 suit they got the Mr. McGUIRE of Oklahoma. I will. money of the Mississippi Choctaws, and the Mississippi Choc­ Mr. CARTER. There were four of the district Indian agents taws did not get any of it, but it went into the Choctaw treasury who were convicted of graft. in Oklahoma. Now, they have the right, and the Government Mr. McGUIRE of Oklahoma. I was coming to ~at. should see to it that they get their rights out of the Choctaw Mr. CARTER. They were ·convicted of graft by the Secretary funds. of the Interior and removed, but the evidence was not furnished Mr. 1\illRRAY of Oklahoma. The gentleman refers to the to the grand jury when it was called. eight million scrip paper? l\Ir. McGUIRE} of Oklahoma. I was coming to that. Now, Mr. SISSON. Yes. Now I want to call the attention of the of the district agents whom I named, not one of them ever had House to the history of the Choctaw. It is the only Indian his name associated with graft, but there were 2 or 3 or 4- tribe that has never raised its hand against the white man. I thought the number was about 6, but perhaps I am mis­ Pushmattahah, the great chief, was a great personal friend of taken-whose conduct was questionable, and some of them were Andrew Jackson. He was with him at Horseshoe Bend and convicted. But it is not fair to say that the policy ot their the Battle of New Orleans, and you all recollect that in that appointment was wrong, or that the others were dishonest, battle the British were slipping around back of the American because some of them were convicted. I might say the same line next to the lake, and it was the Mississippi Choctaws that thing about the probate judges of the east end of the State, rose up in the gray dawn, and the crack of the Choctaw's rifle most of whom were Democrats. Some of them were proven was heard in defense, and the Stars and Stripes were enabled to be dishonest, but, as has been said by one of the gentlemen to :float over that land, and the victory won added an empire to from Oklahoma, they are a fair average of the probate courts our Union. That battle settled for all time the status of tbe of the country. There was great temptation. There were mil­ Louisiana Purchase. The fact that the Mississippi Choctaw has lions of dollars in their hands, and in a few cases, a limited ever been a peaceable Indian and made no war against the number of cases, they were found to be dishonest; but you white man is the reason he was permitted to remain at his old might find that condition in any State of the Union. place in Mississippi. He was permitted to remain there because . But this ought not to be a political question. It is one in he was our friend. If he had been warlike, burning and steal­ l which every Member of Congress is interested, regardless of ing property, he would not have been permitted to remain there, politics. but would have been living in Oklahoma, and he would have had Mr. STEPHENS of Texas. .Mr. Chairman, I ask unanimous hls rights. consent that debate on this paragraph be now closed. Speaking of graft, is it right-! care not about the decision Mr. SISSON. I desire recognition, Mr. Chairman. of the courts in reference to some of these matters-but is it Mr. STEPHENS of Texas. Then I ask unanimous consent right to deprive these Mississippi Choctaws of their treaty that debate on this para.gruph be closed in five minutes. rights? If that is not graft, if depriving the Mississippi Choc­ Mr. SISSON. I do not want to be put under that restraint taws 'of their rights in Oklahoma is not graft, what is it? if I do not finish my remarks. Graft is to take Government funds which do not belong to you.

( [1914 .. .CONGRESSIONAL RECORD-HOUSE. 3505. trhe Oklahoma Choctaw has taken something that did not The Clerk read as follows: rightfully belong to him. House resolution 416. The CHAIRMAN. The time of the gentleman from Missis- ResoZ1:ed, That the House has heard with profound sorrow of the death of Hon. A U GUSTUS 0. Ba.co~, late a Senatot· from the State of sippi has, expired. Georgia. Mr. MANN. Mr. Chairman, I ask unanimous consent . that Resolved, That a committee of 20 Members of the House be appointed ;the time be extended three minutes, and that that time be ~~r~.such committee of the Senate as may be appointed to attend the yielded to the gentleman from Mississippi. Resolved, That the Clerk communicate these resolutions to the Senate The CHAIRMAN. The gentleman from Dlinois asks unani­ and transmit a copy thereof to the family of the deceased. mous consent that the time be extended three minutes, and at The resolutions were agreed to. the end of that time debate be closed on this paragraph. Is The SPEAKER announced the following committee on the part ~ere objection? of the House : Mr. BARTLETT, Mr. ADAMsoN, Mr. HARDWICK, Mr. There was no objection. BELL of Georgia, Mr. LEE of Georgia, Mr. EDWARDS, Mr. HUGHES Mr. SISSON. Mr. Chairman, one of two things must be of Georgia, Mr. TRmBLE, Mr. HowARD. Mr. CRISP, Mr. W ALKEB, lrue. If the Choctaw Indian in l\fississippi be the ward of Mr. PARK, Mr. FERRIS, l\1r. MANN, l\Ir. PAYNE, Mr. GARD~ER, Mr. this Government, having the right under the Dancing Rabbitt ANTHONY, 1\Ir. WILLIS, Mr. DYEB, and Mr. PROUTY. 'treaty to remain in Mississippi, having elected to remain there, ADJOURNMENT. then surely this Congress ought to pass an act conferring on the Chocta. w in Mississippi property and funds belonging to Mr. BARTLETT. I offer the further resolution, Mr. Speaker. lhim. He has never gotten any of the property belonging to The Clerk read as follows : • Resolved~ That as a further mark of respect this House do now ad­ him in the State of Oklahoma. He had the tight to look to JOurn. fCongress to protect him. Congress has so far failed. It is ..pur duty now to act and give these unfortunB;te Indiru;s what The. resolution was agreed to; accordingly (at 3 o'clock and ls their own. No technical or legal or legislative JUgglery 55 minutes p.m.) the House adjourned until Monday, February: should be permitted to rob these unfortunate wards of the 16, 1914, at 12 o'clock noon. .Government. The Choctaw chief was in the city not long since, and be EXECUTIVE COMMUNICATION. hlmself said, as several young Indians said-and they bad Under clause 2 of Rule XXIV, a letter from the Acting Secre­ .some education-stated that they would have gone to Oklahoma tary of the Treasury, transmitting a report showing the number !if they had had an opportunity. One said, "My mother and I of documents received and distributed by the Treasury Depart­ and the members of the family were waiting over the line in ment during the calendar year ended December 31, 1913, to­ Louisiana until the agents came back to get us, because they gether with the number remaining on hand January 1, 1914 said we are going to go." The agent said, " The Government (H. Doc. No. 739), was taken from the Speaker's table, referred is going to take you out there and give you your property." to the Committee on Expenditures in the Treasury Department, ~here they waited, and the result is that 1,200 are waiting in and ordered to be printed. penury and· want for Unde Sam to {!Orne. It is the duty of :Uncle Sam to go. He is their guardian. He should go to them REPORTS OF COMMITTEES ON PUBLIC BILLS Al"D at once. [Applause.] RESOLUTIONS. Mr. STEP!I])NS of Texas. Mr. Chairman, I mave that the Under clause 2 of Rule XIII, :Committee do now rise. Mr. CHURCH, from the Committee on the Public Lands, to The motion was agreed to. which was referred the bill (H. R. 11751) granting land to the Accordingly the committee rose; and the Speaker having re­ county of San Diego, State of California, for public watering Jmmed the chair, Mr. BYRNS of Tenn-essee, Chairman -of the Com­ purposes, reported the same with amendment, accompanied by a mittee of the Whole House ()ll the state of the Union, reported report (No. 251), which said bill and report were referred to that that .committee had had under consideration the bill H. R. the Committee of the Whole House on the state of the Union. 12579, the Indian appropriation bill, and had instructed him to report that they had come to no resolution thereon. REPORTS OF OOIDIITTEES ON PRIVATE BILLS AND ENROLLED BTI..L AND JOINT RESOLUTION SIGNED. RESOLUTIONS. The SPEAKER announced his signature to enrolled bill and Under clause 2 of Rule XIII, private bills and resolutions ijoint resolution of the following titles: were severally reported from committees, delivered to the Clerk, S. 1294. An act to regulate the hours of employment and safe­ and referred to the Committee of the Whole House, as follows : guard the health of females employed in the District of Co­ Mr. LOBECK, from the Committee on War Claims, to which lumbia; and was referred the bill (H. R. 8808) for the relief of Baley W. S. J. Res.llO. Joint resolution authorizing the President to ac­ Hamilton, reported the same with amendment, accompanied by I!ept an invitation to participate in an International Commission a report (No. 255), which said bill and report were referred to of Phytopathology. the Private Calendar. He also, from the same committee, to which was referred SENATE BILL REFERRED. the bill (H. R. 932) for the relief of John W. Canary, reported Under clause 2 of Ru1e XXIV, Senate bill of the following the same with amendment, accompanied by a report (No. 252), title was taken from the Speaker's table and referred to its · which said bill and report were referred to the Private Cal­ appropriate committee as indicated below: endar. S. 2904. An act for the relief of certain persons, their heirs Mr. GREGG, from the Committee on War Claims, to which or assigns, who heretofore conveyed lands inside national for­ was referred the bill (H. R. 10201) for the relief of the heirs of ests to the United States; to the O>mmittee on the Public Lands. Theodore Dehon, reported the same without amendment, ac­ companied by a report (No. 253), which said bill and report MESSAGE FROM THE SENATE. were referred to the Private Calendar. A message from the Senate, by Mr. Tulley, one of its clerks, He also, from the same committee, to which was referred the announced that the Senate had passed the following resolution bill (H. R. 13240) for the relief of the legal representatives ot I(S. Res. 273) : James S. Clark, deceased, reported the same with amendment, R esolv ed, That the Senate has heard with profound sorrow Qf the accompanied by a report (No. 254), which said bill and report 'death of Hon. AUGUSTUS 0. BACON, late a Senator from the State of were referred to the Private Calendar. Georgia. He also, from the same committee, to which was referred R esolved, That n. committee of 12 Senators be appointed by the Vice the bill (H. R. 851) for the relief of the legal representatives of. President to take order for superintending the funeral of Mr. B.ACON. R esolv ed, That the Secretary communicate a copy of these resolu­ Napoleon B. Giddings, reported the same without amendment. .tions to the House of Representatives. accompanied by a report (No. 256), which said bill and report Resolved, That as a further mark of respect to the memory of the aeceased Senator the Senate do now adjourn. were referred to the Private Calendar. DEATH OF SENATOR BACON. PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. Mr. BARTLETT. Mr. Speaker, it is my painful duty to an- Under clause 3 of Rule XXII, bills, resolutions, and memorials 1 «~.ounce the death of the senior Senator from Georgia, Senator were introduced and severally r-eferred as follows: •, \BACON. At some future time I shall ask the House to set aside By 1\fr. DIES: A bill (H. R. 134.10) to authorize the purchase l, a day that we may pay tribute to his memory. At present I of a site for a public building at Lufkin, Tex.; to the Commit.. f Dffer the following resolutions. tee on Public Buildings and Grounds. CONGRESSIONAL RECORD-HOUSE. FEBRUARY 14,

Also, a bin (H. R. 13411) to authorize the purchase of a site Also, a bill (H. R. 13427) granting an increase of pension to fo~: a public building at Jacksonville, Tex.; to the Committee William ....~rbuckle; to the Committee on Invalid Pensions. on Public Buildings and Grcunds. Also, a bill. (H. R. 13428) granting an increase of pension to By :Mr. NEELY of West Virginia: A bill (H. R. 13412) to Caroline Junker; to the Committee on Invalid Pensions. provide for the erection of a public building at Salem, W. Va.; Also, a bill (H. R. 13429) granting an increase of pension to to the Committee on Public Buildings and Grounds. Michael McGrail; to the Committee on Invalid Pensions. By Mr. SMITH of Maryland: A bill (H. R. 13413) authoriz­ Also, a bill (H. R. 13430) granting an increase of pension to ing the payment of a stated sum annually to the city of An­ Henry Klosterman; to the Committee on Pensions. napolis to compensate said city for property withdrawn from Also, a bill (H. R. 13431) granting an increase of pension to taxation by the Federal Government; to the Committee on Ap­ John A. 1Ulfie; to the Committee on Invalid Pensions. propria lions. Also, a bill (H. R. 13432) granting an i.licrease of pension to Also, a bill (H. R. 13414) to establish an experimental station Philip W. Brown; to the Committee on Invalid Pensions. in the State of 1\Iaryland for the study of fish diseases and By Mr. FESS: A bill (H. R. 13433) granting an increase of problems in the propagation of fish; to the Committee on the pension to Jane Cramer; to the Committee on Invalid Pensions. Merchant Marine and Fisheries. By Mr. FITZHENRY: A bill (H. R. 13434) for the relief of By Mr. HOUSTON: A bill (H. R. 13415) to increase the limit Frank Orme !\forgan; to the Committee on Military Affairs. of cost of public building at Shelbyville, Tenn.; to the Commit­ By Mr. HAUGEN: A bill (H. R. 13435) granting a pension to tee on Public Buildings and Grounds. John H. Ellison; to the Committee on Invalid Pensions. By Mr. WOODS: A bill (H. R. 13416) for the acquisition of a By Mr. HELM: A bill (H. R. 13436) granting a pension to Ex site and the erection of a building thereon at Jefferson, Iowa; Reynolds; to the Committee on Pensions. to the Committee on Public Buildings and Grounds. By Mr. HUGHES of West Virginia: A bill (H. R. 13437) for By Mr. BAILEY: A bill (H. R. 13417) for the purchase of a the relief of Fredelick A. Holden; to the Committee on Claims. site and the erection thereon of a public building at Barnesboro, Also, a bill (H. R. 13438) for the relief of the widow of Pa. ; to the Committee on Public Buildings and Grounds. Arthur J. Ste~le; to the Committee on Military Affairs. By Mr. CONNELLY of Kansas: A bill (H. R. 13418) to en­ By Mr. HULINGS: A bill (H. R. 13439) granting a pension courage irrigation, by making Government loans on lands upon to James S. Thompson; to the Committee on Pensions. which are located irrigating plants, in the States of Kansas, Also, a bill (H. R. 13440) granting au increase of pension to Nebraska, Colorado, and Oklahoma; to the Committee on Irri­ Charles W. Malsom; to the Committee on Invalid Pensions. gation of Arid Lands. By Mr. KIRKPATRICK: A bill (H. R. 13441) granting a By Mr. COOPER: A bill (H. R. 13419) to provide for the pension to Amanda M. Wymore; to the Committee on Invalid purchase of a site and the erection of a public building thereon Pensions. at Whitewater, Walworth County, Wis.; to the Committee on By Ur. McKENZIE: A bill (H. R. 13442) granting an in­ Public Buildings and Grounds. crease of pension to Margaret Powell; to the Committee on By Mr. LENROOT: A bill (H. R. 13420) to amend section Invalid Pensions. 114 of the "Act to codify, revise, and amend the laws relating By Mr. MOTT: A bill (H. R. 13443) providing for the refund to the judiciary," approyed March 3, 1911, and creating the to Thomas & Pierson, of New York, N. Y., of certain

1914. CONGRESSIONAL RECORD-HOUSE.

amendment to the income-t:l:x law; to the Committee on Ways Also, petition of ~al Na. 804, Cigar Makers' International and' Means. Union, of Raeine, Wis., and Local No. 118, United Association B y Mr. ASHBHOOK: Petition of merchants of Millersburg-, of Jour:aeymen Plumbers, G:;ts Fitters, Steam Fitters, and Steam Ohio, favoring change in interstate-commerce laws; to the Com- Fitter Helpers of the United States and Canada, against pro­ mittee on rnteFstate and Foreign Commerce. ' hibition amendmeilt; to the Committee on the J"udieiacy. Also, petition of banks of Newark, Ohio, :favoring change in Also,. petition of' banks of Wisconsin, favoring an amendment income-tnx law; to the Committee- on Ways and Means. to income-tax law; to the Committee on Ways and Means. By Mr. BAILEY: Petition of the post office- at Grand· Prairie, By Mr. CRAMTON : Petition of banks in seventh district of Tex., favoring passage of House bill 6947, relative to free­ Michigan, favoring amendment to income-tax law; to the Com­ delivery service for towns of over 1,000 population in the Un,ited mittee on Ways and Means. States; to the Committee on the Post Office 3!nd Post Roads. Also, petition of citizens of Michigan against legislation to bar By Mr. BAKER: Petitions of the First National Bank of the Menace from th-e mails; to, the Committee on the Post Office Vincentown and other banks of the State of New J"ersey, favor­ and Post Roads. ing change in income-tax raw relative to collection at source; to By Mr. DALE: Petition of the General Henry M~ Lawton the Committee on Ways and' Means. Camp-y No. 21., United Spanish War Veterans, and W. ;r. S'. De­ By Mr. BARCHFELD: Petition of citizens of Homestead, neenr of New York, favoring passage of widows and orphans .Munhall, Coraopolis, and Moon Run, State of Pennsylvania, bill; to the Cemmittee on Pensions. against national prohibition; to the Committee on the J"udi.­ Also, petition of the Brooklyn (N. Y.) Branch of the Associa­ ciary. tion of Supervisory Post Office Employees, favoring, amendment Also, petition of Knights of Malta, No .. 453, of Pittsburgh, Pa.; to House bill 11338 ; to t.I'le Committee on the Post Office and William Penn Council, No. 64, Onter of Independent AmeTicans; Post Roads. Washington Camp No. 799, Patriotic Order Sons of America:, of Also, petition of the Hardwood Manufacturers Association of Bridgeville, Pa.; and State Council of Pennsylvania, Order of the United States, favoring RallS'deli-Humphreys bill; to the Independent Americans, against House bill 9836'; to the Com­ Committee on Rivers and Harbors. mittee on the J"udiciary. By Mr. DAVIS : Petition of banks of Minnesota, favoring By Mr. BARTHOLDT: Petition of citizens of St. Louis, Mo.; amendment to income-fax law; to the Committee on Ways and the Kansas-Missouri Turnbezirks, of Leavenworth, Kans~;. and Means. the Master Bakers' Protective and Beneyolent Association of St. By 1\fr. DONOVAN: Petition of-the Standard Scale & Supply, Louis,· 1\Io., against prohibition amendment;_ to the Committee Co~. of Pittsburgh, Pa.. against House- bill 8133 ; to the Com­ on the .Tudiciary. mittee on Interstate and Foreign Cdmmeree. Also, petition of Branch No. 7, Association of Post Office By Mr. FRANCIS: Petitions of' the Second National Bank Clerks, of St. Louis, Mo., favoring House b-ill 5139; to the Com­ of C"meinnati and other banks of the State of Ohio, favoring mittee on Reform in the Civil Service. change in income-tax law, relative to collection at source; to Also, petition of the California Federation of Women's Clubs. the Committee on Ways and Means. 'favoring a bill PI'oviding for a peace statue at Panama; to the .By Mr. GALLAGHER~ Petition of citizens of lllinois against Committee on the Library. . House joint resolution 168; to the Committee on the ;rudiciary. Also, petition of Louis Fish, of St. Louis, Mo., favoring ap­ Also, petition of Frank Murphy, of Chicago, Ill., against na­ pointment of a commission to locate the eastern approach of tional prohibition; to the Committee on. the J"udiciary. the St. Louis bridge; to the Committee on Interstate and For­ Also·, petition of Barnhart Bros. & Spindler, of Chicago, Ill., eign Commerce. :fa-vOiing- House bill 11321; to tile Committee on Patents. Also, petition of the Business Men's League and citizens of By Mr. GOODWIN of Arkansas: Petition of banks of Ar­ St. Louis, Mo., against Bartlett-Bacon bill; to the Committee on kansas, favoring amendment to income-tax law·; te the Com- the J"udiciary. mittee on Ways and Means. , By M:r. GREENE of Vermont: Petition of W. H. Wt'igh;;. and Also, petition of the Pennsylvania Arbitration and Peace So­ others of first congressional district of Vermont, favoring cfety, of Swarthmore, Pa., favoring appropriation for the· enter­ ehang~ in income-tax law relative to collection at source; to tainment of delegates to the conference of the Interparliamen- the Committee on Ways and Means. tary Union~ to the Committee on Appropriations. · By :Mr. GRIFFIN: Petition of the Chamber of Commerce ot Also, petition of A. E. Reton, of St. Louis, Mo., favoring House the State of New York, relative to deepening the channels of bill 11321; to the Committee on Patents. the East River at New York; to the Committee on Rivers and Also, petition of citizens of St. Louis, Mo., protesting against IIarbors. I the suppression of the Menace; to the Committee on the Post Also, petition of the Hardwood Manufacturers Association ' Office and Post Roads. of the United States, favoring the passage of the bills for flood , · Also, petition of the Business Men's League of St. Lauis, Mo-., control; to the- Committee on Riv~rs and Harbors. , I fa\'oring establishment of a bureau of legislative reference and .Also, petition of the Veteran Association of the Fourteenth bill drafting ; to the Committee on Rules. Brooklyn Regiment.: relative to bill to protect the monuments Also, petition of W. E. Newman, of St. Louis, Mo., favoring on the field of the Battle of Bull Run; to the Committee on Mill- , House bill 10080; to the Committee on Interstate and Foreign tary Affairs. Commerce. By 1\Ir. HENSLEY~ Petitions of Henry L. Rozier, of Ste. By Mr~ CALDER~ Petitions ot Berger & Wirth and the A. Genevieve, and G. M.. ;Tolly,. of Crystal City, State of Missouri, i Dredge Ruling Pen Co., of New York, favoring passage of bills favoring change in income--tax law; to the Committee on Ways for flood ~ontrol, and of the Chamber of Commerce of the State and Means. of New York, relative to deepening Q

Also, petition of J. Levit and Lake T. Carter, of New York By 1\fr. PAYNE: Petitions of the County National Bank of City, relative to increase in pay of watchmen, messengers, and Canandaigua and other banks and trust companies of the State gatemen of the United States immigrant service; to the Com­ of New York, favoring change in income-tax law, relative to . mittee on Appropriations. collection at source; to the Committee on Ways and Means . Also, petition of Joseph Coles, of New York City, relative to Also, petition of citizens of Wayne County, N. Y., favoring salaries of employees of the Treasury Department under $1,000 national prohibition; to the Committee on the Judiciary. per year; to the Committee on Expenditures in the Treasury By Mr. PLUMLEY: Petition of the Vermont State Branch Department. of the National German-American Alliance, protesting against Also, petition of the Woman's Christian Temperance Union national prohibition; to the Committee on the Judiciary. of the State of New York, favoring national prohibition; to the Also, petitions of banks and trust companies of the State of Committee on the Judiciary. Vermont, favoring change in income-tax law relative to collec­ tion at source; to the Committee on Ways and 1\feans. Also, petition of the National Drainage Congress of Chicago, By Mr. RAKER: Memorial of the San Francisco Chamber of Ill., favoring passage of House bill 10078, relative to National Commerce, of San Francisco, Cal., protesting against the McKel­ Drainage Congress; to the Committee on Rivers and Harbors. lar bill relative to cold storage; to the Committee on Interstate Also, petition of the Women's Trade Union League of New and Foreign Commerce. , York City, favoring passage of House bill 29, eight hours a day Also, memorial of the Hardwood Manufacturers' Association work for women in the District of Columbia; to the Committee of the United States, favoring passage of the Ransdell-Hum­ on Labor. phreys bill for flood protection; to the Committee on Rivers Also, petitions of the United Hatters of North America, Local and Harbors. No. 8, of Brooklyn, N. Y., and Acme Engineering & Contracting By l\lr. REILLY of Connecticut: Petitions of sundry citizens Co., of Herkimer, N. Y., protesting against the passage of the of New Haven, Conn., protesting against national prohibition; Bartlett-Bacon anti-injunction bills; to the Committee on the to the Committee on the Judiciary. Judiciary. Also, petition of the Dime Savings Bank, of Wallingsford, Also, petition of the Shoe Manufacturers' Alliance of St. Conn., favoring change in income-tax law relative to collection Louis, Mo., relative to the lease system regarding patents; to the at source; to the Committee on Ways and l\leans. Committee on Patents. Also, petition of the Hardwood Manufacturers' Association of Also, petition of the Hardwood Manufacturers' Association of the United States, favoring passage of bills for flood control; the United States, of Cincinnati, Ohio, and of Memphis, Tenn., to the Committee on Rivers and Harbors. favoring passage of the Ransdell-Humphreys bill for flood con­ By Mr. ROUSE: Petitions of 400 citizens of Campbell and trol; to the Committee on Rivers and Harbors. Kenton Counties, State of Kentucky, protesting against national Also, petition of sundry bankers of New York City, favoring prohibition; to the Committee on the Judiciary. change in income-tax law relative to collection at source; to the By .Mr. SELDOMRIDGE: Petition of citizens and German­ Committee on Ways and Means. American societies of Denver, Colo., against Senate joint reso­ By Mr. LEWIS of Maryland: Petition from the Garrett Na­ lution 168; to the Committee on the Judiciary. tional Bank and the First National Bank of Oakland, Md., pray­ Also, petition of banks of Colorado Springs, Colo., favoring ing 'the passage of a simplified income-tax law by Congress; to amendment to income-tax law; to the Committee on Ways and the Committee on Ways and Means. Means. By Mr. LINDQUIST: Petition of the State Bank of Carson By Mr. SLOAN: Petitions of the German-American Alliance City, Mich., favoring an amendment to the income-tax to pro­ and J. E. McGill and 93 others, of Seward County and of vide for a method " of information at the source "; to the Com­ Omaha, Nebr., protesting against national prohibition; to the mittee on Ways and Means. Committee on the Judiciary. Also, petition of William Moyer Corps, No. 183, Department Also, petitions of the First National Bank of York and other of Michigan, Woman's Relief Corps, auxiliary to the Grand banks of the State of Nebraska, favoring change in income-tax Army of the Republic, of Alma, Mich., protesting against any law relative to collection at source; to the Committee on Ways change in the American flag; to the Committee on the Judiciary. and Means. By Mr. LLOYD: Petition of citizens of Missouri, favoring By l\fr. SMITH of Idaho: Papers to accompany a bill grant­ House bill 5308; to the Committee on Ways and Means. ing ~n increase of pension to James R. Sage; to the Committee Also, petition of bankers of New Cambria and Unionville, on Pensions. Mo., favoring an amendment to the income-tax law; to the Com­ Also, papers to accompany a bill (H. R. 12978) granting a mittee on Ways and M~ns. pension to Sus..w C. Davidson; to the Committee on Invalid Pen­ By Mr. LONERGAN: Petition of Gross, Hyde & Shipman, of sions. Hartford, Conn., protesting against the passage of the " Five By Mr. J. l\f. C. SM:ITH: Petitions of banks of Kalamazoo and brothers" antitrust bills; to the Committee on the Judiciary. Coldwater, 1\fich., favoring amendment to income-tax law; to Also, petition of the Hardwood Manufacturers' Association of the Committee on Ways and Means. the United States, of Cincinnati, Ohio, favoring the Ransdell­ Also, petition of the Joseph N. Smith Co., of Detroit, 1\lich., Humphreys bill for the protection of the Mississippi Valley; to against the anti-injunction bill; to the Committee on the Judi~ the Committee on Rivers and Harbors. ciary. By Mr. .MAHAN: Petitions of banks of Willimantic and Nor­ By Mr. SUTHERLAND: Papers to accompany a bill for a wich, Conn., favoring change in income-tax law relative to col­ pension to Mrs. Nancy Thompson; to the Committee on Invalid lection at source; to the Committee on Ways and Means. Pensions. By 1\Ir. McCLELLAN: Petition of workingmen of Saugerties, By Mr. TAYLOR of Arkansas (by request): Petitio:fis of J. W. N. Y., favoring House bill 1873; to the Committee on the Judi­ Willoughby and others of• McGehee, Ark., favoring change in income-tax law; to the Committee on Ways and Means. ciary. By l\Ir. TEMPLE : Petition of bankers of Midland, Pa., favor­ By Mr.' McGILLICUDDY: Petition of the Maine Retail Jew­ ing change in income-tax law relative ~o collection at source; elers' Association, favoring Owen-Goeke bill to prevent fraud to the Committee on Ways and Means. in manufacture and sale of watchcases; to the Committee on By Mr. THACHER: Petition of the Hingham (.Mass.) Na­ Interstate and Foreign Commerce. tional Bank, favoring change in income-tax law relative to col­ Also, petition of Maine financial institutions, favoring amend­ lection at the source; to the Committee on Ways and Means. ment to income-tax law; to the Committee on Ways and Means. Also, petition of the New. Bedford Safe Deposit & Trust Co:, By Mr. MOON: Petition of banks of Tennessee; favoring favoring change in income-tax law relative to collection at amendment to income-,tax law; to the Committee on Ways and source; to the Committee on Ways and Means. Means. By Mr. WALLIN: Petition of banks of Schenectady, N. Y., By Mr. MOORE: Petitions of the Commercial Trust Co. and favoring amendment to income-tax law; to the Committee on the Eighth National ll~ of Philadelphia, Pa., favoring change Ways and Means. in income-tax law, relative to collection at the source; to the By l\fr. WILLIS: Petition of Farmers' Institute of East Committee on Ways and Means. Liberty, Logan County, Ohio, in favor of Federal appropria­ Also, memorial of the Hardwood Manufacturers' Association tion for the extermination of hog cholera; to the Committee on of the United States, favoring passage of Ransdell-Humphreys Agriculture. bill for flood control; to the Committee on Rivers and Harbors. By Mr.· WILSON of New York: Petitiqn of th~ Hardwood: By Mr. O'LEARY: Petition of banks of Flushing and Far Manufacturers' Association of the United States, :t;avoring Rockaway, N. Y., favoring amendment to income-tax law; to passage of bill for flood control; to the Committee on Rivers

the Committee on Ways and 1\feans. and Harbors. . 1