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CONGRESSIONAL RECORD-HOUSE DECE:Thiber 22 fl342 CONGRESSIONAL RECORD-HOUSE DECE:ThiBER 22 John P. Wilson. Carlile Reid. Ftl~ROLLED JOP.iT RESOLUTIOXS SIGXED Alma E. Salm. HatTY L. Creswick. Mr. CAMPBELL, from the Committee on Enrolled Bill·, re­ Raymond C. Ball. Archie J. McDaniel. ported that the committee had examined and found truly en­ Arthur S. Wrenn. Chauncey J. Buckley. rolled joint resolutions of the following titles, when the Sveuker John J. l\IcGrath. James A. Harris. signed the same : Dale A. Palmer. Crawford T. Folsom. S. J. Res. 28. Senate joint re.., olution to declare Saturday, De-· George W. Dean. Norris D. Whitehill. cember 26, 1925, a legal holiday in the DL trict of Columbia ; To be a lieutenant commandet· and S. J. Res. 20. Senate joint resolution providing for the filling J o eph H. Hoffman. of a vacancy in the Board of Regents of the Smithsonian In­ To be li-eutenants stitution of the class other than Members of Congres . John ·w. Dillinder. Harold F. Hale. JOHS W. LAXGLEY Lannis A. Parker. Harold J. Kircher. 1\lr. BURTON. l\lr. Speaker, I de ire to pre.. ent a privileged To be lieutenants (j-unior grade) report from the committee appointed on December 9 to consider the Langley case. Kenneth R. Hall. The SPEAKER. The gentleman from Ohio pre~ents a privi­ Cecil Faine. leged report from the committee of which tile gentleman is Hiram P. Shaw. chairman, which the Clerk will report. To be a surgeon The Clerk read as follows: Park M. Barrett, with rank of lieutenant commander. The special committee appointed in accordance with the resolution POSTMASTERS of the House on December 9 to consider the election returns and qualifications of JoH~ W. L.i.NGLEY, Member of Congress elect from the ILLI~OIS tenth Kentucky district, would rE!spectfully report. Charles A. Cline. Clinton. While a Member of the Sixty-eighth Congress, on May 13, 1924, Robert T. Hu._bancl, Litchfield. Mr. LA...'iGLEY was convicted of conspiracy in the rnited States mstrict Court for the Eastern District of Kentucky under section 37 of the M.ISSOFRI renal Code, and was sentenced to serve a term of two years in the Aaron D. Peterson, Browning. Atlanta penitentiary. From this conviction a writ of el'l'or was taken Alva B. Cloud, Fayette. to the Circuit Court of Appeals for the Ninth Circuit. That court, Joseph Yolle, Harrisonville. on Novembet· 13, 1925, affirmed the conviction in the district court. Cllester D. Green, Hume. A motion for rehearing was filed and decided against the accused on James .A.. Coder, Lewistown. December 4 last. On December 8 a stay of execution of the sentence was ordered by the circuit court, to continue until five day uftet· WI'l'HDRAWAL the first motion day in th~ United States Supreme Court for the year 1926, January 4, with the further pro>ision that if prior to E.recutire nomination withd1'a·u.:n from the Senate Decembe-r that date a petition for certiorari should be presented in that court, 22, 1925 the execution of the sentence should be deferred until a decision Charles Gates Daw·e to be brigadier general, reserve, with should be rendered upon the petition. rank from l\Iarch 18, 1926, which was submitted to the Senate At the :Kovember election for 1924, Mr. LA~WLEY was reelected as a December 21, 1925. Thi withdrawal is made at the personal Representative from the tenth Kentucky district. Without an ex­ reque t of General Da vres. pression of the individual opinions of the members of the committee, it must be said that with practical uniformity the precedents in such cases are to the effect that the House will not expel a Member for HOUSE OF REPRESENTATIVES reprehensible action prior to his election as a Member, not even for conviction for an offense. On May 23, 1884, Speaker Carlisle de­ TUE DAY, Decernber 1!~, 19125 cided that the House had no right to punish a Member for any Tbe Hou~ e met at 11 o'clock a. m. offense alleged to have been committed previous to the time when '!'he Chaplain, Rev. James Shera Montgomery, D. D., offered he was elected a Member, and added, "That has been so frequently tbe following prayer : decided in the House that it is no longer a matter of dispute." A more serious question arises, however, in the case of Mr. LANGLEY, Almighty God, our heavenly Father, a-s we are now in the in that the House could not permit in its membership a person sex·ving foreglow of earth's gladdest day, we praise Thee with the a sentence for crime. It is, however, again in accordance with deepe t gratitude. Thou wilt soon speak Thy greatest note of precedent that final action shall not be taken until a. criminal charge lo-ve. In this music out of the eternities we bless Thee that has been disposed of in the court of last resort. there is no strain of hate. We thank Thee that in this way The committee are informed that a petition for certiorari on behalf Thou art satisfying the hungry cry of earth. Oh, let the of Mr. LANGLEY has already been filed in the Supreme Court, seeking angels' song break forth and flood the unborn years with peace a reversal of the conviction. There is every prospect of an early and good will. Gi"re unto all of us the spirit that fulfills the disposition of this petition, and the committee recommend that no ol.lli,.ation of this mission. Spirit of God, come upon our whole action be taken at present. It is well known that Mr. LA"XGLEY is not land and awaken and stir the wearied hearts of all men with participating in the proceedings of the House, and tt is understood Christmas cheer. May they be inclined to follow the music of that his resignation will be immediately presented ln case of the the lla ter's me ·sage. Do Thou turn our doubts into faith, refusal of the petition for certiorari. our loss into gain, and our grief into joy. May the hungry The committee do not ask at this time to be discharged from the har-e bread, the poor have shelter, and our people everywhere duties imposed upon them. If there should be unusual delay in have great comfort. Fill all homes with the sweetest joy. action on the petition for certiorari, or other circumstances arise Remember the children, and may they bring to their parents which would seem to require action, the committee desire leave to increasing satisfaction while the days go by. And, oh, the make a further report to the House. loved ones, separated and far away, do Thou gather them THEODORE E. BURTON. beneath the shadow of Thy wing. When our course runs out OTrs Wrxoo. at the ebb of the world that we love, may we have a welcome EA.BL C. MICH.E~ER. to the Father's arm and the Father's home, through Him FRED S. PUR~ELL. who became the manger babe, but now is gloried forever and forever as the world's Sanor. Amen. R. W ALTO:-< MOORF.l. The SPEAKER. The report will lie on the table and is The Journal of the proceedings of yesterday \\aS read and ordered to be printed. approved. MESSAGE FRO~! THE SESATE BOARD OF REGENTS OF THE SMITHSONIAN INSTITUTION A mes~ age from the Senate, by l\lr. Crar-eu, one of its clerks, 1\Ir. BACON. 1\Ir. Speaker, I call from the Speaker's table announced that the Senate had pas ed bill of the following Senate Joint Resolution No; 20 and ask for its present con­ title: sideration, in place of House Joint Resolution No. 61, which is S.1423. An act to relinqui:::h the title of the United States to on the calendar. the land in the donation claim of the heir of J. B. Baudreau, The SPEAKER. The gentleman from Kew York calls from situate in the County of Jackson. State of l\Iis issippi, in which the Speaker's table Senate Joint Resolution 20, which the Clerk the concurrence of the House of Representatives was requested. will report. 1925 CONGRESSIONAL RECORD-HOUSE 1343 The Clerk read as follows: This is not a question of what you think about prohibition ; Senate joint resolution (No. 20) providing for the filling of a vacancy it is the solemn question of whether the laws of the United in the Board of Regents of the Smithsonian Institution of the clasB States require of their agents lying, cheating, and stealing in other than Members of Congress or<ler to enforce the law. What is the law for? The law is to prevent drinking and to save the youth of the country. ResoZved, etc., That the vacancy in the Board of Regents of the Now, 1 want to <!all your attention to this fact. I am not Smithsonian Institution of the class other than Members of Congress, very familiar with the prohibition unit of the Government, which now exists, be filled by the appointment of Dwight W. Morrow, but I understand there are several thousand of these agents, of New York. but how many I do not recall In every community of the Mr. GARRETT of Tennessee. Mr. Speaker, I would like to United States this sort of thing is being done, and this affair ask a question about this matter. I have forgotten just how at the Mayflower is not the only star in the heavens.
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