1905.- CONGRESSIONAL RECORD-SENATE. 2223
mffit or railwrry rates-to the Committee ori Interstate and that State; wbicb were referred 'to the Committee on Coin- Foreign Oommerce. meree. · ' Also, petiti
Mr. DRYDEN presented a petition of the Woman's Home from that State to approve and support the request and petition Missionary Society of the Central Presbyterian Church, of of the Upper Mississippi River Improvement Association, rela Orange, N. J.; praying for an investigation of the charges made tive to the permanent improvement of the upper Mississippi and filed against Bon. REED SMOOT, a Senator from the State River between St L9uis, Mo., and St Paul, Minn. The joint of Utah; which was referred to the Committee on Privileges resolution is very short, and I ask that it may be read and re and Elections. ferred to the C..._mmi ttee on Commerce. He also presented a memorial of sundry citizens of Rahway, There being no objection, the joint resolution was read, and N. J., remonstrating against the repeal of the present . anti referred to the Committee on Commerce, as follows: canteen law; which was referred to the Committee on Military [State of Illinois, department of state. James A. Rose, secretary of Affairs. __.. state.] He also presented a memorial of sundry citizens of New Jer To an to whom these presents shan come, greeting: sey, remonstrating against the proposed increase of armaments I, James A. Rose, secretnry of state of the State of Illinois, do hereby certify that the following and hereto attached is a true copy of Senate on sea and land; which was referred to the Committee on Mili joint resolution No. 5, passed by the forty-fourth general assembly of tary Affairs. the State of Illinois, together with the several indorsements thereon, . Mr. KEAN presented the petition of Dr. Albert J. lJOomis, of the original of which is now on file and a matter of record in this office: Jersey City, N. J., praying for the . enactJ::I;lent of legislation to In testimony whereof I have hereunto set my band and caused to be amend the patent laws rel:~.ting to medicinal preparations; affixed the great seal of State. • which was referred to the Committee on Patents. Done at the city of Springfield, this 31st day of January, A. D. 1905. (SEAL.] JAMES A. ROSE, He also presented the petition of Charles C. Jountry, of Cam - Secretary of State. den, N. J., and the petition of E. A. Warden, of Millville, N. J., Senate joint resolution No. 5. praying for the enactment of legislation to modify and sim 'Vhereas the permanent improvement of the upper Mississippi River plify the pension laws of the United States; which were re- between- St. Louis, Mo., and St. Paul, Minn., by maintaining a channel ferred to the Committe on Pensions. . 6 feet in depth at low water will be in the interest of commerce and for the benefit of all the people of the five States contiguous, He also presented memorials of the congregation of the Bap Resolved by the senate (the house of representatives concurring), tist Church of Flemington, of the congregation of the Presby That we request the Senators and Representatives in Congress from the teria..n Church of Flemington, and of sundry citizens of Rah State of Illinois to approve of and support the re9.uest and petition of the Upper Mississippi River Improvement A13sociat10n now pending be way, Princeton, and Flemington, all in the State of New Jersey, fore Congress for the improvement. remonstrating against the repeal of the · present anticante.en Adopted by the senate January 19, 1905. law; which were referred to the Committee on Military Affairs. LAWBENCE Y. SHERMAN, President of Senate. 1\fr. DICK presented a petition of the Bowler and Burdick J. H. PADDOCK, Company, of Cleveland, Ohio, praying for the enactment of leg . Secretary of Senate. islation to prohibit the fraudulent ~tamping or marking of Concurred in by house of representatives January 20, 1905. manufactures of gold and silver; which was ordered to lie on · EDWARD D. SHURTLEFF, Speaker of House. the table. · JOHN A. RE.EVE, He also presented a petition of sundry army nurses of Car Glerk of House. rollton, Ohio, praying for the enactment of legislation to in Engrossed January 26, 1905. No. 6. FnANK J. BEGGS, crease the pensions of army nurses ; which was referred to the Engrossing and Enrolling Olerk, Committee on Pensions. Forty-fourth General Assembly, Illinois. He also presented petitions of the congregation of the Metho Filed January 31, 1905. dist Episcopal Church of Damascus, of the congregation of the JAMES A. ROSE, · Methodist Episcopal Church of Deerfield, and of the congre Secreta,·y of State. gation of the East Goshen Friends Church, of Beloit, all in the l\Ir. CULLOM presented a petition of the Union League Club, State of Ohio, praying for the ratification of international arbi of Chicago, Ill., praying for the ratification of international tration treaties; which were referred to the Committee on For arbitration treaties; which was referred to the Committee on eign Relations. Foreign Relations. He alsQ presented a petition of sundry citizens of Harts He also presented a petition of the St Clair County Retail grove. Ohio, praying for the enactment of legislation to regulate Druggists' Association, of East St. Louis, Ill., praying for the the interstate transportation of intoxicating liquors; which was enactment of legislation to amend the patent laws relating to· referred to the Committee on the Judiciary. medicinal preparations; which was referred to the Committee He also presented a petition of the Malleable Iron Company, on Patents. of Dayton, Ohio, praying that the enactment of legislation to Mr. CULBERSON presented sundry papers to accompany the enlarge the powers of the Interstate Commerce Commission be bill (S. 7110) for the relief of the estate of Andrew J. Joyce, postponed until the next Congress; which was referred to the deceased; which were referred to the Committee on Claims. Committee on Interstate Commerce. · Mr. FRYE presented a petition of Mount Katahdin Lodge, No. He also presented petitions of sundry carriage makers of 469, Brotherhood .of Locomotive Firemen, of Brownville, l\fe., Cillc\nnati, of the Wholesale Dealers' Association of Toledo, praying for the passage of the so-called "employers' liability of the Board of Trade of Massillon, of, the Builders' Exchange bill;" which was referred to the Committee on Interstate Com- of Youngstown, of the Chamber of Commerce of Cleveland, of merce. · the Produce Exchange of 'l'oledo, of the Receivers and Shippers' REPORTS OF COMMITTEES. Association of Cincinnati, and of the Receivers and S'hippers' Mr. GALLINGER, from the Committee on Commerce, to whom Association of Dayton, all .in the State of Ohio, and of the Na was referred the amendment submitted by 1\Ir. PLATT of Con-· tional Business League, of Chicago, Ill., praying for the enact necticut on the 6th instant proposing to appropriate $50,000 ment of legislation to enlarge the powers of the Interstate Com- . toward consh-ucting, equipping, and outfitting, complete for merce Commission ; which were referred to the Committee on service, a new light-house and buoy tender in the third light Interstate Commerce. · house district, etc., intended to be proposed to the sundry civil Mr. PROCTOR presented a memorial of sundry citizens of appropriation bill, reported favorably thereon, and moved that Brookfield, Vt., remonstrating against the repeal of the present it be referred to the Committee on Appropriations, and printed; anticanteen law ; which was referred to the Committee on Mili- . which was agreed to. tary Affairs. He also, from the Committee on the District of Columbia, to Mr. LONG presented a memorial of the Business Men's Club whom were referred the following bills, reported them severally- of Seneca, Kans., remonstrating against the passage of the so without amendment, and submitted reports thereon: · called "parcels-post bill; " which was referred to the Commit A bill ( S. 6968) to amend section 605 of the Code of Law for tee on Post-Offices and Post-Roads. the District of Columbia ; He also presented a petition of the Farmers' Institute of Reno A bill (S. 7139) to amend paragraph 17 of section 7 of an act County, Kans., praying for the enactment of legislation to en making appropriations to provide for the expenses of the gov- · large the powers of the Interstate Commerce Commission ; which ernment of the District of Columbia for the fiscal year ending . was referred to the Committee on Interstate Commerce. June 30, 1903, and for other purposes, approved July 1, 1902; He also presented memorials of sundry citizens of Salina, and 1 Thayer, and Morris County, all in the State of Kansas, remon A bill (S. 7137) to amend section 2 of an act entitled "An act strating against the enactment of legislation requiring certain to provide for the appointment of a sealer and assistant sealer · places of business in the District of Columbia to be closed on of weights and measures in the District of Columbia, and for Sunday ; which were referred to the Committee on the District other purposes." of Columbia. Mr. BLACKBURN, from the Committee on Military Affairs, Mr. CULLOM. I present a joint resolution of the legislature to whom was referred the bill ( S. 6133) to authorize the loca of IJ1inois, requesting Senators and Representatives in Congress tion of a Branch Home for disabled volunteer soldiers, sailors, 1905. CONGRESSIONAL RECORD- SENATE. 22~
and mn.rlnes in the State of Florida, reported it without amend There being no objection, the bill was considered u.S in Com ment, and submitted a report thereon. mittee of the Whole. Mr. BLACKBURN. I am directed by the Committee on Mili The amendment of the Committee on Military Affairs was t o tary Affu.irs, to whom was referred the bill (S. 1603) to author add at the end of the bill the following proviso: ize the location of a branch - home for disabled volunteer Prov ided, That no pay, bounty, or other allowances shall be due or soldiers, sailors, and marines in ·the State of Florida, to report payable by virtue of-the passage of this act. it adversely, and to move its indefinite postponement; but I ask . So as to make the bill read : that the papers accompanying this bill may accompany the bill Be it enacted, etc., That the Secretary of War be, and he is hereby, just reported favorably. authorized and directed to remove the charge of desertion now borne on the records of· the War Department against William R. Garner, who The PRESIDE~TT pro tempore. The request of the Senator served as a private · in Company G, Fifty-seventh Regiment Indiana as to the transfer of papers will be complied with, and the bill Volunteer Infantry: Provided, '!'hat no pay, bounty, or other allow indefinitely postponed. . ances shall be due or payable by virtue of the passage of this act. .Mr. 1\IcCUl\IBER, from the Committee on Pensions, to whom The amendment was agreed to. were referred the following bills, reported them each with an The bill was reported to the Senate as amended, and the amendment, and submitted reports thereon: amendment was concurred in. A bill (S. 5973) granting a pension to Jane N. Clements; and 'l'he bill was ordered to be engrossed for a third reading, read A bill ( S. 7093) granting an increase of pension to William the third time, ancl passed. · .Dawson. : WASHINGTON MARKET COMPANY• .Mr. McCUl\IBFJR, from the same committee, to whom were l\Ir. GALLINGER. I am directed by the Committee on th(: referred the following bills, reported them severally with District of Columbia, to whom was referred the bill (S. 7008). amendments, and submitted reports thereon: permitting the Washington l\Iarket Company to lay a conduit A bill (S. 7095) granting an increase of pension to Lewis M. across Seventh street west, to report it favorably without Duff; and amendment. As there is considerable urgency about this mat A bill (S. 7096) granting an increase of pension to Amanda ter, and I feel sure there will be no objection, I asl\: unanimous U. Burrows. _ consent for the consideration of the bill. Mr. McCUMBER, from the Committee on Pensions, to whom 'l'here being no objection, the Senate, as in Committee of the was referred the bill ( S. 2985) granting an increase of pension Whole, proceeded to considei· the bill. to William Wallace, reported it without amendment, and sub The bill was reported to the Senate without amendment, or mitted a report thereon. dered to be engrossed for a third reading, read the third time, 1\Ir. STEWART. I am directed by the Committee on the and passed. District of Columbia, to whom was referred the bill (S. 5108) to amend an act for the prevention of smoke in the District of OKLAHOMA AGBICULTu"RAL AND MECHANICAL COLLEGE. Columbia, .and for other purposes, approved February 2, 1899, l\Ir. BEVERIDGE. I am directed .by the Committee on Ter to report it with an amendment, and I submit a report thereon. ritories, to whom was referred the bill (H. R. 17992) to permit Inasmuch as some immediate relief is required on this subject the legislative assembly of the 'l'erritory of Oklahoma to make in the· District, I ask for the consitleration of the bill at this appropriations for the erection of buildings for the Agricultural time. and Mechanical College of said Territory, to report it favorably, The PRESIDENT pro tempore. The bill will be read for in without amendment, and I ask for its immediate consideration. ... formation. 'l'here being no objection, the bill was considered as in Com The Secretary proceeded to read ·the bill. mittee of the Whole. It permits the legislative assembly of the . 1\fr. STEWART. The report shows how the sections are pro Territory of Oklahoma to make such appropriations as seem to posed to be amended by the committee. it proper for the erection of buildings for the Agricultural and l\lr. HALE. Mr. President, this is a matter of great local Mechanical College at Stillwater. importance. There has been a great deal of controversy and The bill was reported to the Senate without amendment, or comment upon it, and I think it is better, the bill having been dered to a third reading, read the third time, and passed reported, that it should be printed and lie over until to-mororw, GRAND ARMY OF THE REPUBLIC BADGES. so that we may have a chance to look at it. · Mr. COCKREf..JL. I am directed b~· the Committee on Mili The PRESIDENT pro tempore. Objection is made, and the tary Affairs, to whom was referred the joint resolution ( S. R. bill goes to the Calendar. 101) authorizing the Secretary of 'Var to deliver a condemned Mr.· BURROWS, from the Committee on Privileges and Elec- cannon to the National Encampment of the Grand Army of the . tious, to whom was referred the amendment submitted by him Republic, to report it favorably with an amendment This is self on the 2d instant, proposing to appropriate $1,000 to pay a very small matter, favorably recommended by the War De George M. Buck for preparing the third edition of Senate Elec partment, and I ask for its present consideration. tion Cases, intended to be proposed to the sundry civil appro There being no objection, the joint resolution was considered priation bill, reported favorably thereon, and moved that it be as in Committee of the Whole. referred to the Committee on Appropriations, and printed; The amendment of tile Committee on Military Affairs was, wllich was agreed to. in line 6, before the word " cannon," to insert the word l\lr. GAMBLE, from the Committee on the District of Co " bronze ;" so as to make the joint resolution read: lumbia, to whom was referred the bill (S. 6738) relating to the Resolved, etc., That the Secretary of War is hereby authorized to de inspection of steam boilers in the District of Columbia, reported liver to the order o! Charles Burrows, quartermaster-general of thf it \Yithout amendment, and submitted a report thereon. National Encampment of the Grand Army of the Republic, one dis mounted condemned bronze cannon used in the late civil war, to be He also, from the Rame committee, to whom was referred the used by the said Gt·and Army of the Republic for the purpose of fur bill (S. 54.43) to create a juvenile court in and for the District of nishing official badges of the order : Prov ided, '£hat no eA"Pense shall Columbia, reported it with amendments, and submitted a re- be caused to the United States through the delivery of said condemned port thereon. . cannon. Mr. FORAKER, from the Committee on Military Affairs, to The amendment was agreed to. whom was referred the bill (S. 2485) to correct the military The joint resolution was reported to the Senate as amended, record of Isaac Thompson, reported it with amendments, and and the amendment was concurred in. submitted a report thereon. The joint resolution was ordered to be engrossed for a third reading, re.ad the third time, and passed. REPORT · OF GOVERNOR OF HA.W AII. Mr. PLATT of New Yorlr, from the Committee on Printing, CLEARING POTOMAC RIVER OF ICE. to whom was referred the resolution submitted by Mr. FoRAKER Mr. ALLISON. I am directed by the Committee on Appro on the 9th instant, reported it without amendment; and it was priations, to whom was referred the bill (H. R. 18757) making considered by unanimous consent, and agreed to, as follows : an appropriation for clearing the Potomac River of ice, to report R esolv ed by the Senate, That the Public Printer be, and he is here it favorably without amendment, and I ask unanimous consent by, authorized and directed to print from the stereotype plates 2,000 that it may be considered now. additional copies of the Report of the Governor of Hawaii for 1904, for There being no objection, the bill was considered as in Com the use of the Department of the Interior and the governor of Hawaii. mittee of the Whole. It proposes to appropriate $10,000, pay WILLIAM B. GARNER. able from any money in the TreaRury not otherwise appropri Mr. QUARLES. I am instructed by the Committee on Mili ated and from the revenues of the District of Columbia, in equal tary Affairs, to whom was referred the bill -(S. 54~) removing parts, for clearing the Potomac River of ice within the District the charge of desertion from the name of William R. Garner, of Columbia, to be available until used. · to report it favorably with an amendment, and I ask unanimous The bill was reported to the Senate without amendment, cr· consent for the immediate consideration of the bill. dered to a third reading, read the third time, and passed XXXIX-140 2226 CONGRESSIONAL RECORD-- SENATE. FEBRUARY-10~
GOLD OR SU.VER IN THE ARTS. tives of Joseph Sierra, deceased, late collector of customs at Pen l\fr. KEJAN. I am directed by the Committee on Interstate sacola, Fla., $3,679.19. Commerce, to. whom was referred the· bill (H. R. 15578) to pre The amendment of the Committee on Claims was to add at the vent the use of devices calculated to convey the -impression-that end of the bill : the United States Government certificates to the quality of And the said sum is her~by appropriated for said purpose out ot any gold or silver .used in the arts, to report it favorauly with amend money in the Treasury not otherwise appropriated. ments, and I submit a report thereon. It is a short bill, and I 'l'he amendment was agreed to. ask for its present consideration. The bill was reported to the Senate as amended, and the Tlle Secretary read the bill. amendment was concurred in. The PRESIDE.:..l'{T pro tempore. Is there objection to the The bill was ordered to be engrossed for a third reading. read present consideration of the bill? the third time, and passed. 1\fr. GORMAN. - I should like to have some explanation of the MADISON COUNTY, KY. bill. It was almost impossible, owing to the confusion in the 1\Ir. WARREN. I am directed by the Committee on Claims, Chamber, to hear it read. · to whom was referred the bill (S. 6872) for the relief of Madi Mr. KEAN. There is a report accompanying the bill which son County, Ky., to report it favorably without amendment. fully explains it. I ask that the report may be read. Mr. 1\:lcCREARY. I ask unanimous consent for the present The PRESIDENT pro tempore. If there be no objection, the considerati-on of'the bill. report will be read. · Tlle PRESID:IDNT pro tempore. The bill will be read for in· Tlle Secxetary read the report, as follows : formation. • The Committee on Interstate Commerce, to whom was referred the 'J.'he Secretary read the bill, as follows : bill (H. R. 15578) to prevent the use of devices calculated to c{Ulvey the impression that the United States Government certifies to the Be it enacted, eto., That the Court of Claims Is hereby given juris qua.lity of gold or silver used in the arts, submit the following report : diction to hear, try, and determine the claim of Madison County, in The object of this bill is to prevent the use ot the words " U. S. the State of Kentucky, aginst the United States for internal-revenue assay 14 K," or any other brands or devices, upon articles manufac taxes claimed to have been paid by said cotmty to the Government of tured from gold and silver intended to convey the impression to the the United States on dividends in the shares of stock of the Louisville purchasers of such articles that the United States Government has and Nashvile Railroad Company, owned by said county, including all certified to the fineness of such articles or authorized certification. A claims for . such taxes erroneously collected from said county, and recent letter from the Secretary of the Treasury says, in part : also all claims for taxes erroneously collected from othe.r persons or "The United States Government does not assay, stamp, or in any corporations by appropriating therefor dividends dne to said county on manner determine, or certify, to the fineness of watch cases. plate, bonds held and owned by it; that in the adjudication of said claims jewelry, or other goods made from gold and silver, a.nd all representa the rules of pleadings, practice, and evidence prevailing in said court tions calculated to convey the impression that it docs so are deceptive, shall apply. '.rhe bar of the statute of limitations is hereby removed, and may very properlv be forbidden under penalty." · and said court is required to determine whether under the law as it Evidence was produced before the Committee showing that par existed at the time satd taxes were paid the same were illegally exacted ticularly in the mutter of watch cases the stamp "U. S. assay 14 K" and collected from said county, then the court shall determine the Is extensively used upon the 'inside cases, and that such cases are of amount so collected and render judgment thei·efor : Provided, That the much less fineness than that indicated by the stamp. It was also suit for the collection of said taxes shall commence within six months shown that the pur~.:hasers of these articles· frequently construe this from the date of the passage of this act. stamp as meanin~ that the Government bas certified to the fineness of The PRESIDENT pro tempore. Is there objection to the the case. This 1s particularly true in the foreign trade and among citizens of foreign birth, for the reason that the great manufacturing present consideration of the bill? nations of Europe do actually supervise manufactures made in the Mr. HALE rose. precious metals, and ·do actually certify to the fineness of such manu Mr. McCREARY. I will state that the object of this bi11 is factures by placing their mark or stamp thereon. There seems to be no doubt that the Government of the United States has the right to simply to refer the claim of Madison County, Ky., to the Court prevent the use of its name for fraudulent purposes. of Claims to hear, try, and determine the claim of Madison The PRESIDENT pro tempore. . Is there objection to the County, Ky., against the United States for internal-revenue present consideration of the bill? taxes claimed to have been paid by the county to the Govern There being no objection, the bill was considered as in Com ment of the United States on dividends in the shares of stock of mittee of the Whole. the Louisville ·and Nashville Railroad Company owned by that The first amendment of the Committee on . Interstate Com county.. Thls relief has been given already to the counties of merce was, in section 1, after the first word " That," in line 3, Hardin, Hart, Logan, and Simpson, in Kentucky, and we are page 1, to insert "on and after January 1, 1906;" so as to simply seeking to have a finding by the court so as to obtain make the section read : the same relief that has already been given. I have a letter That on and after January 1, 1906, It sha.-11 be unlawful for any per here from the Secretary of the Treasurer and the Commissioner son, partnership, association, or corporation engaged in commerce of Internal Revenue, whlch I will have read if desired. .among the several States, Territories, District of Columbia, and pos~ Mr. HALE. The Senator need not read the letter. I sball sessions of tlle United State!;!, or with a.ny foreign country to stamp any gold, silver, or goods manufactured therefrom, and whtcb1 are in not here interpose any objection, but I wish to call the attention t ended and used ·in such commerce, with the words "United States of the Senate to the practice of considering and passing bills the assay," or with any words, phrases, or devices calculated to convey the impression that the United States Government bas <*rtified to the moment they are reported from committees. That, Mr. Presi fineness or quality of such. gold or silvert or of the gold or silver con dent, is not a good way to legislate. We can not, particularly tained in any of the goods manufactu.rea therefrom. Each and· every in the confusion that pervades the Senate at most times, know such stamp shall constitute a separate offense. · what is in a bill from its reading at the desk. The rules gener The amendment was agreed to. ally prescribe that when a committee .reports a bill it shall go 'l'he next amendment was, after the word "after," in line 11, to the Calendar. One great reason for that is delay, in order page 2, section 3, to strike out the words " the date of the that Senators may have an opportunity to examine bills. passage of this act" and insert "January 1, 1906;" so as to I hope that committee reporting will not generally ask the make the section read : Senate to bave bills passed immediately that they are l'eported, SEC. 3. That any gold, silver, or goods manufactured therefrom after unless there is some e ·pecial reason why it should be done. January 1, 1906, bearing any of the stamps, words, phrases, or devices prohibited to be used under section 1 hereof, and being in the course While I will let this bill go, and wi1l not object, I shall re erve of tran portation from one State to another, or to or from a Territory, the right to obj_ect hereafter, and will try to stop the practice the District of Columbia, or poEsessions of the United States, shall be of rushing bills through without time to consider them. for.feited to the United States, a.nd may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, There being no objection, the bill was considered as in Com.. a.nd condemnation of property imported int o the United States contrary mittee of the Whole. to law. . The bill was reported tu the Senate without amendment, or· The amendment was agreed to. dered _to be engrossed for a third reading, read the_third time, The bill was -reported to the Senate as amended, and the and passed~ amendments were concun·ed in. DELIA B. STUART. The aJTiend.ments were ordered to be engrossed and the bill to be read a third time. 1\Ir. KEAN. I am directed by the Committee on Claims, to The bill was read the thi:r;d time, and passed. whom was referred the bill (S. 6292) for the relief of Delia B. Stuart, widow of John Stuart, to report it favorably with an , ESTATE OF JOSEPH SIERRA, DECEASED. amendment. It is a claim of only $150, and the payment is :Mr. TALIAFERRO. I am directed by the Committee on teconimended by the Treasury Department. I should like to Claims, to whom was referred the bill (S. 622) for the relief of have the. bill acted on at this time. the legal representatives of Joseph Sierra, deceased, to report it .Mr. HALE. I think I must object. favorably, with an amendment, and :r submit a report thereon. Mr. KEAN. It is a claim of $150 and is recommended by the l\fr. MALLORY. I ask for the present consideration of the Treasury Department. bill. Mr. HALE. If it involves only $150, I ·shall not object. There being no objection, the bill was considered as in Com Mr. KE.AN. And it is money due to a poor widow. mittee of the Whole. It proposes to pay to the legal represen.ta- Mr. HALE. I still will not object.
- 1905 . .. CONGRESSIONAL RECORD- SENATE. 2227
1.'here being no objection, the bill was considered as in Com the accompanying paper, refen·ed to the Committee on Appro- mittee of the Whole. priations. . 'l'he amen~ent of the Committee on Claims was, in line 6, Mr. TELLER submitted an an1endment relative to mining lo before the word " dollars," to stl"ike out the words " two hun cations by ~he Raven l\Iining Company, etc., intended to be pro di.·ed and twenty-five" and insert "one hundred and fiftv ·" so posed by htm to the Indian appropriation bill; which was re as to make the bill read : ~ ' ferred to the Committee on Indian Affair.3 and ordered to be Be it enacted, etc., That the Secretary of the Treasury be, and he is printed. ' hereby, authorized and directed to pay to Delia B. Stuart, widow of Mr. LONG submitted an amendment authorizing the freed John Stuart, late a private of Company H, Second United States Artil lery, the sum of $150, this sum being due her as the widow of the said men of the Cherokee Nation to institute a suit in the United John Stuart as a balance of bounty still unpaid. States district court for the northern district of the Indian The nmendment was agreed to. · Territory for the purpose of having their rights in the Cllerokee 'l'he bill was reported to the Senate as amended, and the Nati?n determined by said court, etc., intended to be proposed amendment was concurred in. by hrm to the Indian appropriation bill· which was referred to The bill was ordered to be engrossed for a third reading, read the Committee on Indian .Affairs, and or'dered to be printed. the third time, and passed. ~fr. NELSON submitted an amendment proposing to appro prmte $35,000 for improving Warroad Harbor Warroad River BILLS INTRODUCED. 1\finn., intended to be proposed by him ·to the 'river and barb~ l\Ir. BACON introduced a bill ( S. 7144) for the relief of the. appropriation bill; which was referred to the Committee on heirs of J. W. Rucker, deceased; which was read twice by its Commerce, and ordered to be printed. ' title. and referred to the Committee on Claims. 1\Ir. 'J7ALIA]'ERRO submitted an amendment p'roposing to 1\Ii.·. PROCTOR introduced a bill (S. 7145) to amend an act appropriate $75,000 for removing shoals between the channel enCi.led "An act to provide for the organization of the militia o~ the St.. Johns River, Florida, opposite the city of Jackson of the District of Columbia, and for other purposes," approved VIlle, etc., mtended to be proposed by him to the river and har l\larcll 1, 1880; which was read twice by its title, and referred bor appropriation bill; which was referred to the Committee to the Commlttee on Military Affairs. on Commerce, and ordered to be printed. . l\1r. ALGER introduced a bill (S. 7146) to empower the Sec . He also submitted an amendment proposing to include the retary of War to allow the burial of wives of deceased enlisted nnp1:oveme~t of Sebastian Inlet, }'lorida, in the appropriation men in national cemeteries in the same graves as deceased sol for 1mprovmg the Indian River, etc.. intended to be proposed diers; which was read twice by its title, and referred to the by llim to the river and harbor appropriation bill ; which was Committee on Military Affairs. referred to the Committee on CoiDlllerce and ordered to be l\1r. PLATT of New York introduced a bill (S. 7147) grant printed. ' ing a pension to Mary J. Visscher; which was read twice by its 1\Ir. l\IALLORY submitted the following amendments, in title, and referred to the Committee on Pensions. tended to be proposed by him to the river and harbor appro Mr. DICK introduced a bill (S. 7148) to grant certain lands J)riation bill; which were referred to the Committee on Com to the State of Ohio; which was read twice by its title, nnd re merce, and ordered to be printed: fel-red to the Committee on Public Lands. An amendment proposing to increase the appropriation for He also introduced a bill ( S. 7140) granting a pension to improving Apalachicola Bay, Florida, from $30,000 to $50.000; George L. Dietz; which was read twice by its title, and referred An amendment providing that the survey of the Withlacoo to the Committee on Pensions. chee River from Port Inglis to the anchorage in the Gulf shall He also (by request) introduced a bill ( S. 71_50) for tl1e re be made with a view of straightening the channel and making lief of the legal representatives of David H. Silver; which was it 100 feet in width and 10 feet in depth; and read twice by its title, and r eferred to the Committee on Claim'3. An amendment providing for a survey of the mouth of Ala 1\fr. CULLOM introduced the following bills; which were sev qua Bayou, on Choctawhatchee Bay, Florida, with a view ot erally read twice by their titles, and referred to the Committee securing n channel 100 feet in width and 5 feet in depth. on Pensions : · 1\Ir. l\fcCOl\lAS submitted an amendment proposing to appro A bill (S. 7151) granting a pension to Anna A. Rainey (with priate $30,000 to acquire a suitable site in the State of l\fary accompanying papers) ; and land upon which to establish a depot for the Revenue-Cutter A bill ( S. 7152) granting a pension to Elizabeth Carroll. Service, intended to be proposed by him to the sundry civil ap Mr. l\IAR1.'IN introduced a bill ( S. 7153) granting a pension propriation bill; which was referred to the Committee on Com to Julia R. Jones; which was read twice by its title, and re merce, and ordered to be printed. . fel-red to the Committee on Pensions. l\Ir. CULBERSON submitted an amendment proposing to Mr. BATE introduced a bill (S. 7154) for the relief of William appropriate $400 to reimburse Mrs.. R. E. l\Iiller for moneys J. Carney; which was read twice by its title, and, with the ac paid by her to the Government in lieu of money belonging to companying papers, referred to the Committee on Claims. the Government stolen from her possession while an em l\1r. SIMMONS introduced a bill ( S. 7155) granting an in ployee of the post-office at Dallas, Tex., intended to be pro crease of pension to Adelaide Worth Bagley; which was read posed by him to the post-office appropriation bill ; which was twice by its title, and referred to the Committee on Pensions. referred to the· Committee on Post-Offices and .Post-Roads, and Mr. BURROWS introduced n bill (S. 7156) for the 'relief of ordered to be printed. · First Lieut. George Van Orden, United States Marine Corps; Mr. LONG submitted an amendment authorizing the Secre which was read twice by its title, and referred to the Committee tary of the Interior to issue patents in fee to Henry Meagher, on Naval Affairs. a Cheyenne and Arapahoe Indian, for lands heretofore al 1\Ir. l\IARTIN introduced a bill ( S. 7157) to amend an act to lotted to him in the Territory of Oklahoma, etc., intended to provide for eliminating certain grade crossings on tile line of be proposed by him to the Indian appropriation bill; which the Baltimore and Potomac Railway Company, in the city of was referred to the Committee on indian Affairs, and ordered ,Washington, D. C., and requiring said company to depress and to be printed. elevate its tracks, and to enable it to relocate parts of its rail HOUSE BILLS REFERRED. road therein, and for other purposes, approved February 12, The following bills wer~ severally read twice by their titles, 1901; which was read twice by its title, and refen·ed to the and refen·ed to the Commtttee on Commerce : Committee on the District of Columbia. H. R. 17331. An act relating to a dam across Rainy River; 1\Ir. TALIAFERRO introduced a joint resolution (S. R. 110) and for the relief of P. J. McMahon; which was read twice by its H. R. 18728. An act authorizing the board of supervisors of title, and, with the accompanying paper, referred to the Commit Berrien County, Mich., to construct a bridge across the St. Jo tee on Naval Affairs. seph River near its mouth in said county. AMENDMENTS TO APPROPRIATION BILLS. H. R. 18279. .An act to authorize the Secretary of the Interior to accept the conveyance from the State of Nebraska of certain 1\Ir. LODGE submitted an amendment authorizing part of the described lands and granting to said State other lands in Ueu appropriation of $110,000 for fog signals to be used in testing thereof, and for other purposes, was read twice by its title, and and installing submarine fog signals, intended to be proposed by referred to the Committee on Public Lands. him to the sundry civil appropriation bill; which was referred H. R. 18588. An act to supplement and amend the act entitled to the Committee on Appropriations, and ordered to be printed. "An act to regulate commerce," approved February 4, 1887, was He also submitted an amendment proposing to appropriate read twice by its title, and referred to the Committee on Inter $5,000 for the expenses of a board to be appointed by the Presi state Commerce. dent to consider and report to Congress upon plans for the or ganization of systematic, cooperative surveys of the Philippine DIRECTORS OF NATIONAL BANKING ASSOCIATIONS Islands, etc., intended to be proposed by him to the sundry civil Mr. KITTREDGE. I ask unanimous consent for the present appropriation bill; which was ordered to be printed, and, with consideration of the bill (S. 7065) to amend section 5146 of the ~228 CONGRESSIONAL RECORD-SEN~TE. FEBRUARY 10,
Revised Statutes of the United States in relation to the quali The bill was ordered to be engrossed for a third reading, read ficatio!J.S of directors of national banking associations. the third time, and passed. -·There being no objection, the Senate, as in Committee of the Whole_, proceeded to consider the bill. It proposes to amend SUBPORT OF ENTRY AT TEXAS CITY, TEX. section 5146 of the Revised Statutes of the United States so as Mr. B.A.ILEY. I ask unanimous consent for the present con to read: sideration of the bill (H. R. 16799) making Texas City, Tex., a SEc. 5146. Every director must, during his whole term of service, subpart of entry in the customs collection district of Galveston. be a citizen of the United States,,. and at least three-fourths of the ~'here being no objection, the Senate, as in Committee of the directors must· have resided in the State or Ten·itory or District in w-hich the association is located for at least one year immediately pre Whole, proceeded to consider the bill. ceding their election and must be residents therein during their con The bill was reported to the Senate without amendment, or~ tinuance in office. Every director must own in his own right at least dered to a third reading, read the third time, and passed. ten shares of the capital stock of the association of which be is a di rector, unless the capital of the bank shall not exceed $25,000, in which ABATEMENT OF NUISANCES IN THE DISTRICT. case he must own in his own right at least five shares of such _capital stock. Any director who ceases to be the owner of the required number 1\Ir. STEWART. I ask unanimous consent for the consider~ of shares of the stock, or who becomes in any other manner disquali ation of the bill (H. R. 6289) to provide for the abatement of fied, shall thereby vacate his place. nuisances in the District of Columbia by the Commissioners of The bill was reported to the Senate without amendment, or said District, and for other purposes. · dered to be engrossed for a third reading, read the third time, The PRESIDENT pro tempore. The Chair is informed that and passed. such a bill does not appear upon the Calendar. HOMESTEAJ) SETTLERS IN ALABAMA. Mr. STEJWAR'T. The bill was reported February 12, 1904. Mr. PETTUS. I ask unanimous consent for the present con The PRESIDENT pro tempore. The clerks report that there sideration of the bill (S. 6017) for the relief of certain home is no such bill on the Calendar ; that it has since been recom~ stead settlers ln the State of Alabama. mitted. . I will say, Mr. President, that this is a bill for the relief of EFFICIENCY OF RESERVE MILITIA. homestead settlers in Alabama who made their entries but got no title. The_substitute for the bill, which is reported by the Mr. WARREN. I ask unanimous consent for the present committee, was prepared by the Secretary of the Interior. consideration of the bill (S. 5094) to promote the efficiency of There being no objection, the Senate, as in Committee of the the reserve militia and to encourage rifle practice among the Whole, proceeded to consider the bill, which had been reported members thereof. I will state that this bill was placed under from the Committee on Public Lands with an amendment, to Rule IX on account of an objection which was made through strike out all after the enacting clause and insert: a misunderstanding. The Senator from Maine [l\1r. HALE], That where any homestea d entry heretofore allowed under ruling of who made the objection, is willing that the bill shall now be the r... and Department, for lanus within the limits of the grant made considered. by act of Congress approved June 3, 1856 (Eleventh Statutes, P- 18), The PRESIDENT pro tempore. Is there objection to the to the State of Alabama in aid of the construction of the railroad known as the Mobile and Girard Railroad, has been canceled because request of the Senator from Wyoming for the consideration of of a superior claim to the land through purchase from the railroad com the bill named by him? ' pany, which claim has l1een held to have been confirmed and a con There being no objection, the Senate, as in Committee of the firmatory patent issued for the land under the provisions of section 4 of the act of March 3, 1887 (Twenty-fourth Statutes, p. 556), 'Vhole, proceeded to consider the bill, which had been reported such homesteader is hereby accorded the privilege of transferring his from the Committee on Military Affairs with amendments, in claim thus initiated under the homestead laws to any other nonmineral section 1, page 1, line 3, after the words " authorized to," to unappropriated public land subject to homestead entry, with full credit for the period of residence and for the improvements made upon his strike out " issue" and insert "sell, at the prices at which homestead hereinbefore first described prior to the order of its cancel they are listed for the Army ;" and in line 10, after the name lation, provided he has not forfeited or voluntarily abandoned his home "Secreta1-y of War," to strike out "on proper bonds furnished stead claim and that his application for transfer is presented within one year from the date of the passage of this act. Should he elect, by said clubs;" so as to make the section read: · however, to retain tbe tract embraced in his homestead entry hereto That the Secretary of War is hereby authorized to sell, at the prices fore canceled, the holder of the patented title through the railroad at which they are listed for the Army, upon the request of the gov grant shall thereupon be invited to relinquish or renconvey the land ernors of the several States and Territories, such magazine rifles be Included i.n such former homestead entry, and upon filing such relin longing to the United States as are not necessary for the equipment quishment or reconveyance such holder of the patented title shall be of the Army and the organized militia, for the use of rifle clubs formed entitled to select and receive patent for an equal quantity of nontim under regulations prep-ar-ed by the national board for the promotion bered, nonmineral, and unappropriated public lands subject to home of rifle practice and approved by the Secretary of War. stead entry, and upon the filing of such relinquishment or reconveyance all right, title, and interest under and through the railroad grant and The amendments were agreed to. the confirmatory patent hereinbefore referred to shall revert to the Mr. WARREN. I move to further amend in section 2, on United States, and the tract thus relinquished or reconveyed shall be page 2, line 12, after the word "Army," by striking out the treated and disposed of as other public lands of the United States : Provi ded, howevet·, That such previous homesteader shall be reinstated remainder of the bill. In his rights and permitted to complete title to the land previously The PRESIDENT pro tempore. The amendment proposed entered, as though no cancellation of his homestead entry had been by the Senator from Wyoming will be stated. made. SEc. 2_ That the Secretary of the Interior shall p1·escribe rules and The SECRETARY. In section 2, on page 2, line 12, after the regulations f or the administration of this act. word " Army," it is proposed to strike out: 1\lr. Persons qualifying under the above regulations shall be listed in the TELLER. I should like to know what committee re office of the Adjutant-General of the Army as national marksmen ported this bill, and whether there_ is any printed report accom reserve. panying it? It seems to be an important bill. I inquire if it So as to make the section read : was reported this morning? SEC. 2. That· the ·secretary of Wru,: is hereby authorized, in his dis The PRESIDEN'T pro tempore. No; the Senator from South cretion, to sell to the several States and Territories, as prescribed in pakota [Mr. GA!.fBLE] reported the bill some time ago. It is section 17 of the act approved January 21, 1903, for the use of said on the Calendar, and the Senator from Alabama [Mr. PETTUS] clubs, ammunition, ordnance stores, a:nd equiJ?ments of the Government standard at the prices at which they are llsted for the Army. The asked for its present consideration, which was agreed to. pt=actice of the rille clubs h erein provided shall be carried -on in con Mr. PETTUS. l\fr. President, I will repeat that this bill is formity to regulations prescribed by the national board for the promo to do partial justice to certain homestead settlers who made tion of rille practice, approved by the Secretary of War, and the results their entries, but got no title. It applies to the Mobile and thereof shall be filed in the office of the Adjutant-General of the Army. Girard Railroad Company, which took the lands, and this is a 'The amendment was agreed to. partial measure of justice to those homesteaders. -' Mr. PLAT'I' of Connecticut. I notice a provision in the bill 1\Ir. TELLER. In what part· of the counb-y is the land re about returns being fil-ed with the Adjutant-General of the Army. ferred to located? Is there any Adjutant-General now? :Mr. PETTUS. In Alabama. Mr. \V ARREN. ~'here is an Adjutant-General, but the real Mr. TELLER. I do not desire to interfere with the bill, 1\fr. work of that office is now performed in the Department of the President. :Military Secretary. 1\1r. PETTUS. I will repeat, for the information of the Sena :Mr. PLATT of Connecticut. I supposed that office bad been tor from Colorado, that the Secretary of the Interior wrote the abolished. substitute which the committee has reported for the bill. 1\Ir. WARREN. Probnbly the bill should be amended in that Mr. 'TELLER. I have no objection to the bill, 1\Ir. President. respect. I should not object to an nmendment striking out The PRESIDENT pro tempore. The question is on agreeing "Adjutant-General" and inserting " Military Secretary." to the amendment reported by the Committee on Public Lands, l\Ir. PLATT of Connecticut. I think that oug.-bt to be done, which has been read. and I will moYe that amendment. The amendment was agreed to. The PRESIDENT pro tempore. The amendment proposed byj The bill was reported to the Senate as amended, and the the Senator from Connecticut will be stated. amendment was concurred it. The SE.cRE'r.A.RY. In section 2, on page 2, line ·11, after the 1905. CONGRESSIONAL ,RECORD-SENATE. 2229
. words "=office of the," it is proposed to strike out "Adjutant The PRESIDING OFFICER. If there be no objection. the General " and insert " :Military Secretary." order submitted by the Senator from Indiana will be regarded: Tile amendment was agreed to. as agreed to. The Chair hears no objection, and it is agreed to. The bill was reported to the Senate as amended, and the Have the managers on the pnrt of the House of Representa amendments were concurred in. tives anything to present? Tile bill was ordered to be engrossed for a third reading, read l'tfr. Manager PALMER.. :M:r. President, I suggest that it the third time, and passed. would be well to call the names of witnesses to see who are present, so that we may have an opportunity to move for attach DfPEACHMENT OF JUDGE CHARLES S\VAYNE. ments if any have not responded to the subpoonas. The PRESIDENT pro tempore (at 1 o'clock· p. m..). The The PRESIDING OFEJCER. The Sergeant-at-Arms will hour to which the Senate, sitting as a court of impeachment, bring the list which has been given him of witnesses to be sum· adjourned has arrived. The Senator from Connecticut will moned. · please take the chair. The list of witnesses was banded by the Sergeant-at-Arms to Mr. PLATT of Connecticut assumed the chair. the Presiding Officer. The PRESIDING OFFICER (Mr. PLATT of Connecticut). The PRESIDING OFFICER. The Secretary will call the The Senate is now in session for the trial of articles of im names of the witnesses who have been summoned; and, if pres peachment p.resented by the House of Representatives against ent, each witness will please respond by saying "here." Cbarles Swayne, judge in and for the northern district of The Secretary read the following names : Florida. The Sergeant-at-Arms will make proclamation. T. N. Adams, of Pensacola, Fla.; C. M. Coston, of Pensacola, The Sergeant-at-Arms made the usual proclamation. Fla. ; E. T. Davis, of Pensacola, Fla. ; J. J. Hooten, of Pensa- ~'he PRESIDING OFFICER. The Chair understands that cola, Fla.-- . Senator CLABK of Wyoming i's present, and has not yet been Mr. Manager PALMER. Wait a minute. Mr. President, I sworn. The· Senator will please take his place in front of the know that some of these witnesses are here, but they are out desk to receive the oath. side of the Senate Chamber. I presume they are in the lobby, Mr. CLARK of Wyoming advanced to the area in front of waiting. I suppose they ought to be in the Chamber for a mo the Secretary's desk and the oath was administered to him by ment, at any rate, that they may answer to their names. the Presiding Officer. The PRESIDING . OFFICER. The Secretary will suspend Mr. BACON. :Mr. President, I present the order which I the reading of the list of witnesses. The Sergeant-at-Arms has send to the desk, and which I ask may be adopted by the Senate. furnished to the Presiding Officer a list of the witnesses who The PRESIDING OFFICER: The Secretary will read the bave reported to him, and the Secretary will read the list of order proposed by the Senator from Georgia [Mr. BACON]. witnesses who have so reported. The Secretary read as follows : The. Secretary read as follows : Ordered, Tbat the pleadings in the matter of the impeachment of C. 1\I. Coston, E. T. Davis, W. H. Northrop, A. C. Blount, Charles Swayne having been clos~d, the Secretary inform the House of A. H. D'Alembert, C. H. Laney, W. N. Potter, Geo. P. Went Representatives that the Senate is ready to proceed with the trial of said impeachment according to the rule heretofore communicated to the worth, J. Emmett Wolfe, E: A. Dearborne, P. W. Chase, W. P. House, and that provision has been made for the accommodation of the Hardwick, Harry E. Graham, Minnie E. Kehoe, W. 0. Bradley, House of Representatives and its managers in the Senate Chamber. F. W. Marsh, !J. B. McCulloch. The PRESIDING OFFICER. Is the Senate ready for the The PRESIDING OFFICER. The Sergeant-at-Arms also question o the adoption of the order submitted by the Senator informs the Presiding Officer that be has unofficial information from Georgia? If so, the question is on agreeing to the order. that a large number of other witnesses have come to the city, The order was agreed to. but have not as yet reported to him. As to the witnesses who At 1 o'clock and 5 minutes p. m. the managers on the part have already reported to him, he is not aware of their present .of the House of Representatives were announced, and they whereabouts. were conducted by the Assistant Sergeant-at-Arms to the seats :Mr .. Manager PALMER. Well, 1\Ir. President, I think' the assigned them in the area in front of the Secretary's desk. managers will not move for attachment of witnesses who do . . The respondent, Charles Swayne, accompanied by his coun not respond· to-day; but perhaps we shall do so to-morrow ; · sel, ~r. Anthony Higgins and Mr. John M. Thurston, entered so as to give the witnesses an opportunity to get in, except in tile Chamber and took the seats provided for them in the area the case of-- in front of the Secretary's desk. l,'be PRESIDING OFFICER. If Mr. Manager Palmer will The PRESIDING OFFICER. The Journal of the proceedings permit, the Sergeant-at-Arms will try to notify all the witnesses of the last session of th~ Senate sitting for the trial of the im who are here in the city that they must be present at the time peachment of Charles Swayne will now be read. of the trial. · The Journal of the proceedings of the Senate sitting as a 1\Ir. HIGGINS. I would ask if the list of witnesses who court on Monday, February 6, 1905, was read. have reported which bas been read includes the names of wit The PRESIDING OFFICER. The Presiding Offieer will in ne ses for the respondent? quire Gf the Sergeant-at-Arms whether the names of the wit The SERGEANT-AT-ARMs. Yes. nesses have been furnished him by the managers on the part The PRESIDING OFFICER. Unless it is called for, the read of the House and by the counsel for the respondent, and whether ing of the full list of witnesses summoned will not be ordered. those witnesses have been summoned for attendance at this If the managers on the part of the House or counsel for the time? respondent desire the list read, it will be read. The SERGEANT-AT-ARMS. Mr. President, the names of the wit Mr. Manager PALMER. 1\Ir. President, we do not desire it. nesses for both the managers on the part of the House of Rep Mr. HTGG INS. No. resentatives and the respondent have been furnished me and Mr. Manager PALMER. Mr. President, in the case of Josepil bave been served, and many of the witnesses are now in the H. Durkee, of JacksonYille, Fla., we have a certtficate of a city. physician stating that be is not able to attend. The certifi 1\fr. F A.IRBANKS. 1\fr. President, I move the adoption of the cate was sent to the Presiding Officer and by him handed to order which I send to the desk. me, and it has been exhibited to counsel on the other side. The PRESIDING OFFICER. The Senator from Iridiana pro- Mr. Durkee is a witness who bas been S1J.bpoonaed by both poses an order which will be read. · · sjdes, and is a material and important witness. I have a wit· The Secretary read as follows : ness present who will testify with respect to l\1r. Durkee's pres 01·dered, That the proceedings of the Senate sitting In the trial of ent condition, and I ask that Mr. B. S. Liddon be summoned to impeachment of Charles Swayne be printed daily for the use of the testify what Mr. Durkee's present condition is, for the purpose Senate as a separate document. of moving for an attachment. The PRESIDING OFFICER. If there be no objection, the The PRESIDING OFFICER. Is it necessary for a formal order submitted by the Senator from Indiana will be regarded summons to be issued, or is the witness whom the manager de as agreed to. The Chair hears no objection, and the order is sires to examine present? agreed to. Mr. Manager PALMER. He is present. He has been sum 1\Ir. FAIRBANKS. Mr. President, I offer another order, moned, and is one of the witnesses. I presume he is about which I send to the desk and ask for its adopt5.on. the building somewhere. I suppose he is out in the lobby. 'The PRESIDING OFFICER. ~'be proposed order will be The PRESIDING OFFICER. Is there any objection on the read by tlle Secretary. part of counsel for the respondent to the request of the mana 'I he Secretary read as follows: gers? Ordered, That the dally sessions of the Senate sitting in the trial of Mr. HIGGINS. There is none whatever. Impeachment of Charles Swayne shall, unless otherwise ordered, com mence at 2 o'clock in the afternoon and continue until 5 o'clock in the The PRESIDING OFFICER. The Sergeant-at-Arms will en afternoon. " deavor to find the witness. ;
2230 CONGRESSIONAL RECORD-SENATE. FEBRUARY 10,
The Sergeant-at-Arms proceeded to execute the order of the if it were_hardly required to issue an attachment until informa· . Presiding Officer. tion is communicated to the Senate as to whether there is a real The PRESIDING OFFICER. The Presiding Officer desires refusal on the part of the witness to come or whether 'the wit to suggest to the managers on the part of the HousE- and counsel ness will come with his son as an attendant. for the respondent whether the evidence in regard to the con For that reason the Presiding Officer suggests that a decision dition of the witness who has been summoned by both sides of th~ motion be postponed, and the Sergeant-at-Arms will be can not be agreed upon between them without the necessity instructed to ascertain whether the witness will come under the of taking testimony as to it? circumstances. Mr. Manager PALMER. :Mr. President, we expect to prove Mr. Manager PALMER. Mr. President, this proceeding had that within the last week Mr. Liddon has had an interview its inception in a series of resolutions passed. by the legislature with Mr. Durkee in Jacksonville, Fla., at his business place, in of the State of Florida, which were transmitted to the House his bank; that he was out on the street, and apparently well of Representatives, and upon which the proceeding was based. enough to come to Washington. I ask to have read as a part of my remarks in opening this Mr. B. S. Liddon entered the Chamber. case the resolutions of the legislature of Florida. Mr. HIGGINS. Mr. Liddon is here now. The PRESIDING OFFICER. They wi1l be read by the Sec Mr. Manager PALMER. Mr. Liddon is present, and if it is retary, if there is no objection. desired he can be sworn. The Secretary read as follows : Mr. HIGGINS. Yes. · Senate joint resolution hi reference •to Charles Swayne, judge of the Benjamin S. Liddon, sworn and examined. United States court for the northern district of Florida. Be 1t t·esolved by the legislature of the State of · Flo1·icla, Whereas By Mr. Manager PALMER: . Charles Swayne, United States district judge of the northern district Question. Are you acquainted with Joseph H. Durkee, of Jack- of Florida, ha.s so conducted himself and his court as to cause the people of the State to Qoubt his Integrity and to believe that his sonville, Fla.? official actions as judge are susceptible to corrupt influences and have Answer. Yes, sir. been so corruptly influenced ; Q. When did you see him last? Whereas it also appears that the said Charles Swayne is guilty of a violation of section 551 of the Revised Statutes of the United States A. I saw him Wednesday last, one week ago. In that he does not reside in the district for whch he was appointed Q. Where did you see him? and of which he is judge, but resides out of the State of Florida and A. In Jacksonville, fla. ' in the State of Delaware or State of Pennsylvania in open and defiant -violation of said statute, and has not res~ded in the northern district Q. Just state under what conditions. of l1'lorida, for which he was appointed, in ten years, and is con A. Mr. Durkee has an office, a nominal office. I called at his stantly absent from said district, only making temporary visits for a pretense of discharging his official duties ; office to see him. I was informed that he was at his house. I Whereas the reputation of Charles Swayne as a <'orrupt judge is went to his house, and Mrs. Durkee-- very injurious to the interests of the entire State of Florida, and his 1\Ir. SCOTT. We shall have to ask the witness to speak louder, constant absence from his supposed district causes great sacrifice of their rights and annoyance and expense to litigants in his court; ns we can not hear. Whereas it also appears that the said Charles Swayne is not only The WITNESS. I will repeat it Thank you. a corrupt judge, but that be is ignorant and incompetent and that his I went to his house. I was informed by his.-wife that he was judicial opinions do not command the respect or confidence of the people; · at the National Bank of Jacksonville, of which institution he is Whereas the administration of the United States bankruptcy act In vice-president and a director. I saw him there and talked with the court of said Charles Swayne and by his appointed referee has him. resulted in every instance in the waste of the assets of the alleged bankrupt by being absorbed in unnecessary costs, expenses, and allow Q. (By Mr. Manager PALMER.) How long did your interview ances, to the great wrong and injury of creditors and others, until last? such administration is in effect legalized robbery and a stench In the A. I talked with him at the bank, I suppose, for twenty min nostrils of all good people ; utes or more. Then he accompanied me to the United States Be it t·esolved by the house of representati-ves of the Sta-te of Florida (the senate concurring), That our Senators and Representatives in the clerk's office-the clerk of the United States district and circuit United States Congress be, and they are hereby, requested to cause court-and there we examined together quite a lot of records. I to be instituted in the Congress of the United States proper proceed think we were there, all told, two hours and a half, may be more. ings for the investigation of the proceedings of the Uruted States cir cuit and district courts for the northern district of Florida by Charles Mr. Manager PALMER. Cross-examine. Swayne as United States judge for the northern district of Florida, Mr. HIGGINS. We have no questions. and of his acts and doings as such judge, to the end that he may be . Mr. Manager PALMER. Mr. President, on that showing we impeached a.nd removed from such office. Resolved further, 'l'bat the secretary of the State of Florida be, and shall ask for an attachment for the witness, Mr. Durkee. There is hereby, instructed to certify to each Senator and Representative In is no reason why he should not be here. the Con"'ress of the United States, under the great seal of the State The \VITNESS. Are you through with me? of Florida, a copy of this resolution and its unanimous adoption by Mr. Manager PALMER. For the present the legislature of the State o.f Florida ' The WITNESS. I can retire? [The State of Florid.a, office of the secretary of state.] 1\fr. Manager PALMER. Yes. UNITED STATES OF AMERICA, State of Florida, SS: I, H. Clay Crawford, secr r ~tary of state of the State of Florida, do The PRESIDING OJJ"'FICER. Have counsel for the respond hereby certify that the foregoing is a true and exact copy of senate ent anythlng to say with regard to the i'equest of the managers joint resolution in reference to Charles Swayne, judge of the United States court for the northern district of Florida, passed by the legls on the part of the House? latUl'e of Florida, session of 1903, and on file in this office. · Mr. HIGGINS. Mr. President, I wish to state that in asking Given under my hand and the great seal of the ::;tate of Florida at for a subprena for Major Durkee, on behalf of the respondent. Tallahassee, the capital, this the 7th day of September, A. D. 1903. [SEAL.] H. CLAY CRAWFORD, I included a s~bprena for Doctor Durkee, not knowing his first name, being informed merely that he was the Major's son ami a Secretm·y of State. physician. Major Durkee can not move away from home with Mr. :Manager P ALl\IER. In pursuance of the request con out having an attending physician. He is suffering with a tained in the resolutions of that sovereign State, the Honse of serious complaint Therefore it would be necessary in any Representatives, upon the motion of a Member from Florida, process that was issued for him to have his son included, as I am refen-ed the matter to the Committee on the Judiciary, and the informed. That is all I care to say. articles which have been presented at the bar of the Senate Mr. Manager PALMER. There is no objec-qon to that, but impeaching Charles Swayne are the result of the investigation. we are willing to take Mr. Durkee's deposition. We understand Mr. President, the duty has fallen upon me to open the case perfectly that that can not be forced, but if counsel on the other and state the facts upon which the Bouse of Representatives, side will agree to take Major Durkee's deposition at Jackson acting as a grand inquest inquiring in the name of all the people ville, l!...,la., the managers will consent. of the United States, have impeached Charles Swayne, judge of Mr. HIGGINS. .1\Ir. President, we can not do that. We have the district court of the United States in and for the northern never had an opportunity to examine this witness. We know district of Florida, of high crimes and misdemeanors, and upon nothing of the subject-matter about which he will testify, ex which they propose to make their articles of impeachment good. cept in a general way, and we are not in a position to attempt, I shall not abuse the patience of the court by comment upon on this short notice and with the trial immediately on us, to take the magnitude of the questions involved, or of the consequence his deposition. of a failure to do justice, either to the people or the respondent. The PRESIDING OFFICER. The Senate will take into con The respondent has for his triers picked men-learned lawyers, sideration the motion for an attachment, and decide it later on. and wise statemen-who will, in the words of their solemn oath, 'The Presiding Officer will merely say at the present time that "do impartial justice according to the Constitution and the law," it seems to be understood that the witness is suffering from a and the people of the great Republic have confidence that if serious disease, which makes it very difficult for him to travel,· guilty nothing beneath the shining stars can let the respondent certainly without an attendant, and that for that reason hi~ go unwhipped of justice, or if innocent can prevent his snfe
son1 who is a physician, bas been summoned. It would seem as deliverance. 1905. 1 CONGRESSIONAL RECORD-SENATE.
The articles ar.e twelve in number. They -embrace fi~ dis about one-fourth the amount he received from the Unite~ tinct charges. States. · The articles numbered from one to three cover the charge that The gravamen of these charges is that Judge Swayne made · Charles ·swayne vio-1ated an act of Congress and cmnmitted a and signed false statements for the purpose Qf receiving money high misdemeanor in office by making false certificates that be from the United States. If he did, he violated the act of Con had expended certain sums of money for necessary expenses of gress which declares such conduct is a misdemeanor punishable travel and attendance at Waco, Tex., in the year !897, -and a.t by fine and imprisonment. Tyler, Tex., in the years 1900 and 1903, while holding court These fa('ts ·are not denied. The answer to the -charge, as sub Qutside of .his ·district. mitted by the respondent, is- I will ask the Secretary to read tbe act of .Congress which it First. That he construed the law to mean that he .was entitled is claimed he violated. to $10 for every day that he held court outside of his district, no The PRESIDING OFFICER. The Secretary wil1 read as re matter what his expenses were, and that he believed he was en quested. titled to it '.rhe Secretary read as follows : Secondly. That .other judges, .especially judges of the circuit SEc. 5438. Every person who makes or causes to be made, or pre court of appeals, construed a similar law, passed in 1891, to sents or causes to be presented, for payment or approval, to or by any mean that they were to have $10 a day. peJ.·son or officer in the -civil, miUtary.!. or na·val service of the United States, any claim upon or against the uovernment of the United States, Thirdly. That some of the district judges also construed the or any department or officer thereof, knowing such claim to be false, law of 1896 to mean that they were entitled to $10 a day. fictitious, or fraudulent. or who, for the purpose of obtaining or aiding Fourthly. That assuming these interpretations were wrong, to obtain the payment or approval of such claim, makes, uses, or causes to be made or usad, any false bill, receipt, voucher, roll, account, claim, then be .answe~ that he did not take the money with a crimi certificate, affidavit, or deposition, knowing the same to contain any nal intent, and therefore committed no offense. :fraudulent or fie:titious statement or entry, or who enters lnto any : The respondent's fir.st defense, that he ·believed the law gave agreement, combination, or conspiracy to defraud the Government of the United States, or any department or officer thereof, by obtaining him $10 a day for expenses while holding court outside his dis- or aiding to obtain the payment or allowance of any false or fraudulent trict, is entitled to no respect · claim, or who, having charge, possession, custody, or control of any · 'l'he law provides that a judge shall be paid for reasonable money or other public property used or to be used in the milita,ry or naval service, who, with intent to defraud the United ;States or will expenses for travel and attendance while holding court outside fully to conceal such money or other property, delivers or causes to be of his district, not to exceed $10 per day each, to be paid. on delivered, to any other person having authority to receive the same, written certificates of the judge. any amount of such money or other propext.Y less than that for ·which he received n certificate or took a receipt, and every person authorized to This act limits the amount to be paid, first, to reasonable ex make or deliver any certificate, voncher, receipt, or other paper certify penses, and, second, that such reasonable expenses shall not ex ing the receipt of arms, .ammunition, provisions, clothing, or other property so nsed or to ·be used, who makes or delivers the same to any ceed $10 a day. other person without a full knowledge of the truth of the facts stated The expenses of a judge must be what he expended, the act therein, and with intent to defraud the United States, and every person of 1871, which forbids any compensation for holding court out :who knowingly purchases or reeeives in pledge for any .obligation or indebtedness fr,om any soldier, officer, ,sailor, or other person c.alled into - side the district, making it perfectly clear that he is entitled to or employed in the military or naval service .any arms, equipments, nothing but expenses. , nmmunition, clothes, military stores, or other public property, such If a judge expended $3 .a day and takes $10, what does the soldier, sailor, offic.er, or other person not having the lawful right to pledge or sell the same, every person so offendinoo Jn any of the m.atters seven additional dollars represent? He can not take it as com set forth in this section shall toe imprisoned .at hard labor for not less pensation; it can not be expenses, because no such expenses than one nor more than five years, or fined not less than $1,000 nor were incurred. more than $5,000. . It is an absurdity to say that any reasoning person could hon 1\Ir. Manager PALMER. The laws relating to' the subject estly distort this law, which is so unambiguous that a "way- of expenses of judges holding court outside of their districts faring man, though a fool, -could not err therein." , are as follows : The second and third defense is that other judges construed .- The act" of Congress of 1871, Revised Statutes, section 596, the law ·in the same way. provides, when a district judge is assigned to hold court outside To make this excuse available the respondent must show that his district, as follows : other judges took $10 a day for their expenses while having And it shall be the duty of the district judge so designated and ap spent less. pointed to hold the district or circuit ·court aforesaid without any other Statements from the Treasury Department showing that .compensation than his regular salary as established by law. judges holding terms of the circuit courts of appeal in the larger 'l'he act of 1881, page 454, provides as follows : cities, like Chicago, San Francisco, and New Orleans, certified . And so much of section 596, Revised Statutes, as forbids the payment their expenses to be $10 per diem, but this, in the .absence of of expenses of district judges while holding court outside of their dis proof that they actually expended less, amounts to nothing. tricts is hereby repealed. The fourth defense, that, admitting that the law gives only An.d the act of 1896, page 451, as follows : the expenses incurred, then respondent claims that he had no For .reasonable expenses for travel and attendance of district judges directed to hold court outside of their districts not t.o exceed $10 per · criminal intent in taking the money. day each, to be paid on written certificates of the judges, and such pay u · he had no criminal intent, why did he conceal a material ment shall be allowed the marshal in settlement of his account with the fact w;hen he made his certificates? Why did he not · certify United .States. . that he had held court in Waco twenty-three days, and was There is no room for doubt that a judge holding court outside therefore entitled to receive $230 for his expenses, being $10 of his district is entitled to receive under these acts of Congress per day? Why did he deceive the Treasury officials_ by certi no more than the money actually expended for travel and while fying that his reasonable expenses for travel and attendance in atteJ}dance upon the court, and that the amount shall not ex amounted to the sum of $230? They did not amount to $230; ceed $10 per diem. With the wisdom or unwisdom of the law they did amount to less than $100~ Why did he certify falsely? ~ye have nothing to do. His certificate was conclusive to the accounting officers; they The managers expect to prove that Judge Swayne made and could not question it. -If he had certified to the facts as they ·signed a certificate that his necessary expenses of travel and were, the marshal would not have paid him, and the Treasury attendance while holding court at Tyler, Tex., in 1897 were $230 would not have passed his account. He could have. had but during a period of twenty-three days while holding court and one motive in making the false certificate-tiiat was to get the going to and returning from the same, when in truth the amount money, and he did get it. of his necessary expenses was far less. His expenses of travel This is not a case where. the doctrine that for an innocent from the place he claims as his residence, viz, Pensacola, could mistake of law a judge can not be held responsible. That doc not haye exceeded $60, and ·his board actually cost him at the trine applies when a judge decides a case properly before him rate of $40 per month, or $30.59 for twenty-three days, in all between other parties. $90.59, which is a little over one-third the amount that he -certi When a judge is called upon to answer for an infraction of fied he had expended and that he received from the United a criminal law he has no immunity that a common man does States. not possess. He can not be allowed to say, "I did it, but I did At Tyler, Tex., in the year 1000, be certified that his reason not think I was doing wrong." Large classes of criminals set able expenses for travel and attendance thirty-one days were up that same excuse. The trusted clerk invests the funds of a $310, when 'his travel did not exceed $60 and his board was ob· bank in speculation and always says he never intended to em tained for $38.75, in all $98.75, which is less than one-third the bezzle; he always meant to pay back; but the cruel law pays no amount certified to and received by him. heed to that excuse. If a culprit should proffer such a defense Again at 'l'yler, Tex., in 1903, Judge Swayne certified that his in Judge Swayne's court he would meet with speedy disaster. -reasonable expenses for travel and attendance were $410 for Larceny is defined to be when one takes and carries away forty-one days, when his travel did not exceed $60 and his board the goods of another with intent to appropriate them to his :was obtained for $1.25 a day, or $52.25, in all $112.25, which is own use. 2232 CONGRESSIONAL RECO-RD-SENATE. FEBRUARY ·1 0,
It would be no ans~er for a culprit to say, "I took the goods, The PRESIDING OFFICER. Of course, the managers on the I used them up, but I intended to replace them next week." part of the House and the counsel on the part of the respondent The respondent must be judged in this case the same as have somewhat wide latitude in their opening statements, but every other man is judged. When charged with a crime he the ·Presiding Officer is of opinion that testimony which has possesses no immunity; he can plead no privilege; he can not been given by Judge Swayne on the occasion' referred to ought be justified by saying, "I did not think I was doing wrong." not to be cited at length. He has a right to plead his privilege. The defense, if made by a commOJ;l criminal, would be ad He can not be obliged to criminate himself. judged ridiculous; when made by a judge, supposed to be . 1\Ir. Manager PALMER. If you will allow me, there is a learned in the law, it is contemptible. difference between a witness who is summoned to appear before a committee of Congress and to give testimony and a witness PRIVATE CAR. who voluntarily appears and makes a statement in his own In support of the article that charges Judge ·Swayne with defense. All these questions, of course, will be properly dis using the property of the Jacksonville, Tampa and Key West cussed when the time comes, whenever this testimony comes Railroad Company without making compensation to the com to be admitted; but if there is any question about it, I will · pimy, I first briefly state the facts, which will be proved and pass that pr-oposition and go on to something else. not disputed. 1.'he PRESIDING OFFICER. It seems to the Presiding Offi 1.'hat at a time when the Jacksonville, Tampa RJld Key West cer to be an indirect way of getting before the Senate the fact Railroad was in the hands of Mr. Durkee, a receiver appointed that Judge Swayne had testified to this. The Presiding Officer by Ron. Charles Swayne, judge of the district- court of the suggests to the manager that he may properly omit the reading United States in and for the northern district of Florida, or of testimony which has been given on another occasion by appointed by Judge Pardee, as his answer states, and concur Judge Swayne. .red in by Judge Swayne, the receiver provisioned a private car Mr. Manager PALMER. I hope, 1\Ir. President, that there which belonged to the railroad company, placed a conductor will be no conclusive ruling made upon that subject, because ·and cook upon it, and sent it to Guyencourt, Del., for the _pur the facts and circumstances under which this voluntary state _pose of bringing Judge Swayne to Jacksonville, Fla. Judge ment . was made will, perhaps, have something to do with the Swayne, his wife, his wife's sister, anrl her husband were case, and something to do with the construction of the act of _transported on the private car to Jacksonville, Fla., and £Ub Congress, when this testimony comes to be admitted. As I ·sisted at the expense of the railroad company. understand the act of Congress., when a witness is summoned 1.'he respondent acknowledged the facts, as above stated, but to come before a committee of ·Congress and give testimony, defended his action upon the ground that the property of the perhaps under some circumstances his testimony can not be railroad company being in the hands of the court, he, the used against him in some other case, though I believe the act judge of the court, had a right to use it without making com of Congress applies only to a proceeding before the Interstate pensation to the railroad company. Commerce Commission. But be that as it ma.y, I hope neither When questioned on the subject, we shall prove that he said, the Presiding Officer nor· the court will foreclose this question in answer to this question : so as to preclude argument on it when the time comes when Q. You said this car was one of the cars in possession of the court, this testimony comes to be offered. I accept the suggestion of because the road was in the hands of a receiver '/-A. Yes. - · Q. You said that it was the privilege of the court to use that car, the court, and pass on to something else. because the road was in the hands or a receiver ?-A. Yes-- -we f~rther expect to prove that Judge Charles Swayne made Mr. THURSTON. Mr. President, the statement that is now use of the same car for the purpose of taking a trip to the being read, as the record shows, is a part of the testimony of Pacific coast with his family and friends. The proof was that -Judge Swayne taken before the committee of the House of the car .had some liquid supplies on board when taken. Judge Representatives, which, under the' acts of Congress, can not be Swayne exp1·essed the opinion that he left as much .when it was used against him in any criminal prosecution; · and therefore it returned. is improper to make the st.:1.tement that the chairman of the In the case of the trip from Delaware, and also the h·ip to managers is now proceeding to make. We object to the presen California, transportation was secured by the receiver over tation here, by statement or otherwise, of any testimony that other railroads, and in return therefor the private cars · from was given by Judge Swayne, the respondent, before the House the other roads were transported over the Jacksonville, Tampa committee, claiming his right, under the law of the Congress of and Key _West without charge. A porter or cook employed by the United States, that it can not be used against him in any the railroad company went with the car to the Pacific coast at criminal prosecution, of which this certainly is one. the cost of the company. . 1\.lr. Manager PALMER. Mr. President, if when this testi The trip to Guyencourt and return, if paid for at the rate mony which I offer as an admission of Judge Swayne is pre charged private parties, would have cost about $500. If Judge sented it is objected to, it will then be in order, I suppose, for Swayne had the right to deplete the assets of this corporation the court to pass upon its admissibility. For the present I to the amount of $500, then he had the right to take. less or ·state that we purpose, if permitted, to prove these facts. more. If more, how much more? Could he take for his own 1.\Ir. THUHSTON. We insist. that the act of Congress is so use and that of his friends $50,000 or $500,000? If he had the broad that in no way, by statement or otherwise before this right, was it limited only by his desires or necessities? The court sitting to try Judge Swayne, can his testimony ta.ken be suggestion that be had such a right is not, of course, to be enter fore the House committee be used. It is begging the question tained for a moment. His duty plainly was to preserve the to insist upon the right to read to this court his statements property and earnings of the bankrupt for the creditors. Every taken there in the expectation that they will be excluded when dollar that he subtracted from the company's assets was a dol they are offered as evidence. lar wrongfully taken from the creditors. That was a grave mis 1\Ir. Manager PALMER. I may say it is a very extraordinary behavior in office no one denied. proposition that Judge Swayne, or his counsel, should object It may be said that the car, with provisions and servants to reading here admissions that he made under oath during the was fur~ished the judge for the use of himself and friends by investigation in this case. But the question will arise when the the rece1ver as a matter of courtesy. Judges have no right to testimony is offe~ed as to its admissibility. I am now stating accept favors from persons having business before their courts, what we purpose to prove. If we are not allowed to prove it, whether receivers of railroad corporations or anyone else. All of course it will go for nothing. If we are allowed to prove it, the sophistries in the world can not cover up the truth that any then I have a right to state it. I think I have a right to state one who gives gifts to a judge expects something in return. what our purpose is at any rate and let the question of the ad All the arguments fail to prove that a judge who takes gifts missibility of testimony abide the event of being offered and the from suitors is not influenced thereby, insensibly perhaps. objection that will be made to it. · Judge· Swayne had no right, legal or moral, to do what he did. . TlH~ PRESIDING OFFICER. Will the manager go back in The excuse set up is that it was a trifling matter, not to be his opening statement a few sentences preceding the reference commended, but not of sufficient consequence to warrant his to the testfmony which was given by Judge Swayne on some impeachment; that no injury was inflicted; that it does not occasion, so that the Presiding Officer may know just how the appear that a corrupt purpose was intended, or that Judge matter arises? Swayne was influenced thereby to do any wrong, and it does · Mr. Manager PALMER. · I said that Judge Swayne acknowl not show any moral turpitude. Lame, impotent, and insulting edged the facts as above stated, but defended his action upon to common sense and common experience as these excuses are, the ground that the property of the railroad company being in they are better from a moral standpoint than the defense which the hands of the court, the judge of the court had a right to is made for him. Judge Swayne was certainly guilty of a gross use it without making compensation to the railroad company ; misbehavior in office in using and consuming the.property of the and then I proceeded to give the statement that he made on that railroad company for his pleasure ·and that of his friends. It sub~ect, as we propose to prove, if we are permitted. was a misbehavior that showed moral turpitude. It was the
j 1905. CONGRESSIONAL RECORD-SENATE. 2233 kind of misbehavior in office that would be inclictable at com If he did not actually reside in the northern district of Flor mon law. It certainly is of the kind that can not be sanctioned ida during the years from 1894 to 1000, be was guilty, under or approved by any honest man, and it is clearly impeachable, the act, of a high misdemeanor, and should be convicted. It and for it he should be convicted. · he did reside there within the meaning of the act, then he ought The receiver was an officer of Judge Swayne's court, having to be absolved of this charge. pos es ion of the property of the railroad company as an officer 'l,lle act itself speaks with no uncertain sound. Its meaning of the court. It was not his to give away to the judge or any is very plain. Its reason and spirit are not in doubt. When one else. Congress passed the act it can not be doubted that the purpose The excu e set up by Judge Swayne that he was not cor was to secure the bodily presence of a judge in his district, not rupted can not be entertained. a part of the time, but practically all of the time. Plainly a And thou shalt take no gift: ror the gtlt blindeth the wise, and per judge can not attend to the necessary business of his office yerteth the words or the righteous. as he ought unless be lives where the. law says be shall live. This is one of the laws in that wonderful code that God im lie did not live there, unless his claim that he intended to take parted to 1\Ioses when he talked to him face to face on Sinai. up his residence in Pensacola and his temporary sojourn there It was good fifteen hundred years before the Saviour was l>orn, from time to time constitute.s residence. His efforts to rent and it is good to-day-" the gift blindeth the wise, and per or buy or build a bouse, his request to be registered, certainly verteth the words of the righteous." did not make him a resident either in law or in fact. f:lis And to that may be added the saying of the wise man: brief sojourn at a hotel or boarding bouse during his terms of A man's gilt maketh room tor him. court did not gain for him either a legal or an actual residence. To make this tran action a mi behavior it is in no wi e It is idle to say that Judge Swayne complied with the intention needful to show that the official action of Judge Swayne was or spirit of the law, of wbcb be does not claim that be was ig influenced by tile gift. Francis Bacon, who bas come down norant, by staying sixty-one days in each year in Florida, through the pnge" of hi tory as the wisest of men, was im ninety-three days llolding court in other districts and two hun peached for taking a gift from a suitor in his court. He excu ed dred and twelve days in Guyencourt, Del., 1,000 miles from his him. elf on the ground that other judges took gifts, and tllat the district. If his excuse can ·avail to shield him, then the law gift did not influence his judgment, because he decided the case is a dead letter. ngainst the giver. Neither excuse prevailed. ·I~Ie was con i\Vhether the people were or were not inconvenienced is not ~· icted, driven from the woolsack, stripped of his office and of tlle least importance, but if the fact were material the proof l10nor, and-sent into disgraceful retirement. wil1 not be lacking. The sixth and eventh articles charge that Judge Swayne per A mini ter of the law ought not to be a willful, per istent si tently: and knowingly violated a statute of the United States evader of the law. He was under legal obligation to live in wllich provides that- llis di trict; if lle did not, be was guilty of a high misdemeanor Every judge shall reside in the district tor which he is appointed, for which he coulu be indicted, convicted, and punished. I:Ie and for offending arraln t this provision shall be deemed guilty of a high certainly was guilty of a gross misbehavror which demonstrated mi demeanor. (Rev. tat., sec. Ci51.) his unfitness to impose the penalties of the law upon others The facts, as they will appear in the testimony, are that af when he was a violator of the law himself. ter his confirmation as judge in 1 SO he established his resi Tllerc should be no hesitation about convicting Judge Swayne dence at St. Augustine, in a house rented from Mr. Flagler, and for his failure to obey this law. The fact is clear enough that li>ed there with his family until the boundaries of his district the purpose ·of -tile law lias been frustrated. The people of the were clmnged by the act of Congress in the year 1804. Judge northern district of Florida have been deprived of its benefits wayne states that he was urged by his friends not to move his for the convenience of Judge Swayne. They have a right to family or furniture, that tile next Congress would probably re complain ; they have complained. The question now is, Shall store his di trict, and therefore his furniture was allowed to tlleir complaint be heard, and shall Judge Swayne go free or remain in St. Augustine until the year H>OO, when he rented the take the punishment due to his offense? immons cottage in Pensacola and lived there at intervals until TIIE CONTEMPT CASES. 10 3, when hi wife bought a home. During the six years-- The eighth, ninth, tenth, and eleventh charges pertain to the 1\fr. HIGGINS. 1\"lr. Pre ident, I wish to say that that state con>iction, fining, and imprisonment of Davis, Belden, and ment is again contrary to the rule we have invoked as to the 0' ·"'"eal for contempt of court anu are most serious. They involve statute, but I would not interrupt the learned manager if it the right of a Federal judge to take away the· liberty of a citi were not a most shamefully., garbled statement of what Judge zen of the United States and to impose upon him a disgraceful Swayne did say. punishment· without authority of law. They involve the right Tile PRESIDING OFFICER. The Pre icling Officer thinks of a citizen to the protection of that clause of the Constitution that the manager has a r~ght to state what he expects to prove, which provides "that trials of all crimes, except cases of im but that he ought not to go furtller by citing any testimony peachment, shall_ be by jury, in a case where the law gives a which has been given by Judge Swayne on another occasion as trial by jury,'' arid that other clause forbidding the infliction ot the means by which be expects to prove it. "cruel and unu ual punishment." Mr. Manager PAL~fER. I have not cited any other testi mony. I am stating what I expect to prove. If it is not pleas From the testimony it will appear that Elsa T. Davis and ant to the coun el on the other side, I can not help it, but we Simeon Belden, two reputable lawyers, were charged by Judge expect to prove these facts by competent testimony. Swayne on Monday, tried by Judge Swayne at 10 a. m. Tues day, and at 11.10 a. m. were in the county jail under sentence During the six years that elap~ed from lt)fJ4 to 1!100 Judge imposed by Judge Swayne. 'l'he charge against them was con Swns-ne was pre ent in his district-that is, the northern dis tempt of court. The alleged contempt consisted in bringing an trict of Florida-during the terms of his court; in all, an ayer action of ejectment in the court of Escambia Coun!Y, Fla., in . age of about sixty-one days in each year. I'le lived at different the name of their client, Florida McGuire, who clmmed to be hotels and boarding hou es. When be left Pensacola lle left the owner of a lot of land, against Judge Swayne, who had bar word that if be was needed he could be found by addressing llim gained for the lan
At the term of court which conyened nt Pensacola in Novem They were duly committed and remained confined three days, ber Judge Swnyne announced on the 5th of November that a when they were released pending a habeas corpus allowed bY. relutive of his had purchased the lund, but later in the week he Judge Pardee, of the circuit court. That habeas corpus case 'f'oluuteered from the bench thnt the relative was his wife, and resulted in a decision that Judge Swayne bad jurisdiction of that she bad purclmsed the land with money obtained from Belden and Davis in a contempt proceeding, as the a-.crment in llcr father's estntc. That the bnrgain bad not been concluded the paper filed by Blount was that they were officers of the court, for the reason that tile owner, Mr. Edgar, offered n quitclaim and therefore the circuit court could not question his decision, deeU. The eYidence shows that the agents of Edgar, with whom his findings of fact, or the correctness of his judgment that Judge Swayne negotiated the purchase of block 91, and also they had committed a contempt, except in so far as he had ex of another lot, wrote him stating that Edgar would not give a ceed.ed his jurisdiction by imposing both fine and imprisonment, general warranty because he was afraid o! the old Caro claim. the statutes providing in certain cases for fine or imprisonment Swayne answered, saying that they might drop out block 01 with as a punishment for contempt. To that extent the decision of out stating a reason. The agents had pending in October, when Jud.ge Swayne was reversed and the culprits allowed to choose the letter to Swayne was written, a suit in the State court which they would suffer, fine or imprisonment. Belden, who against E case was w betber the power of the Federal court to punish and that Judge Swayne abused bis authority when he fined contempts was derivable .from the common law, or whether it and imprisoned them. was limited by the act of September 24, 1789, the seventeenth As we have seen, the act of 1831 divides contempts into two section· of which provided that all the said courts of the United classes, one class to be punished summarily by the court-the States "shall have power to administer all necessary oaths or other class is punishable by indictment and not by summary affirmations, and to punish by fine and imprisonment, at the proceeding by the judge. · discretion of said courts, all contempts of authority in any The second section of the act of 1831 provides for the punish cause or hearing before the same." ment by indictment of persons who shall corruptly or by threats Upon the one band the contention was that the Federal or force obstruct or impede or endeavor to obstruct or impede courts were of limited jurisdiction, and unless a statute or con the due administration of justice. Such persons can not be stitutional provision could be found conferring power, no such summarily punished under the first section for/ a contempt of power could be exercised. Upon the other band the 'claim was court. · made with great vigor and zeal that all courts have the inherent Judge Swayne stated on that occasion-not before a com right to protect themselves and maintain their authority by pun mittee of the House--and we shall prove it, that the lawyers ishing for contempt all who disturb the court, or who directly or brought the suit against him and published the article in the indirectly defy its orders and, decrees, or do anything to bring paper for the purpose of forcing him to recuse himself in the court or judge into disrepute. It was claimed that all the power case of Florida McGuire. Suppose, for the sake of argument, to punish contempts of every kind poss~ssed and exercised by that they did it for the reason assigned by the judge. '.rhat the courts in England before the revolution was possessed by would amount to an endeavor to obstruct or impede justice from and could be lawfully exercised by the Federal courts. his standpoint, and would, therefore, be the subject of an in Nothing was settled by the result of the trial of Judge Peck, dictment. The act was passed to cover the case of a lawyer the vote being 22 to 21 against conviction. To meet the doubt who published a severe criticism of the opinion of a judge, and and settle the uncertainty as to the power of the Federal courts who was disbarred for it. Congress said that should not hap to punish contempt, Mr. Draper, a Member ·of the House, intro pen again when the act of 1831 was passed, and that such an duced the following resolution: o_ffense should be punished by indictment only. Resolv ed, That the Committee on the J'udiciary be directed to in THIRD PROPOSITION. quire into the expediency of defining by statute all offenses which may be punished as contempt of the courts of the United States; to which That if Judge Swayne- had authority under the act aforesaid td the following amendment was added: "And also to limit the punish punish either of these men for contempt, and if they were ment of the same." properly adjudged guilty, he abused his power by imposing upon He said, as reported in Gales & Seaton, for 1831 (page 559), them an unlawful sentence. To state this proposition is to that be had offered tbis resolution under\ the deepest sense of argue it. duty. It was not his intention on this occasion to agitate a That the sentence was unlawful no one denies. Judge Swayne queRtion which bad recently been much agitated elsewhere, but disbarred Davis and Belden for two years, wbich be could not said he: · lawfully do in a contempt proceeding under the act. He im I do wish to know upon what tenure the people of this country hold posed both fine and imprisonment in a case where the law their libet·ties. • • • I am not for holding my liberty for one mo plainly limits the punishment to fine or imprisonment. He ment at the discretion of any individual. It may be said, sir, in oppo . sition to the resolution, that there will be difficulty in defining con rectified the first error; the circuit court the other. That is to tempts of court. Though this may be true, we shall find no difficulty say, after be imposed this awful sentence · of disbarment for in defining what are not contempts of court. We might say, for example, that it would not be a contempt of court two ye~s upon these lawyers; his amicus curire, Mr. Blount, to express an opinion upon any decision finally made by the court ; we stepped up to the bench and informed the judge that be could might 'declare that it should not be a contempt of comt for anyone to not disbar these men in a contempt proceeding. Thereupon; he say that a judge is not immaculate. I beg not to be misunderstood as here referring to a case which bas reflected for a moment n.nd took off the two years~ disbarment. lately been before the other branch of the Legislature, sitting as a high Judge Swayne could not lawfully hang or burn or banish court of impeachment. Far be it from me to reflect 1:1:pon the conduct Davis and Belden; he could lawfully do no more than the law of any individual who for such conduct has been constitutionally tried and legally acquitted. But the law ought to be so clear that any indi allowed; and if be did more, be abused bis power and should vidual may be able to look to the statute book and know whether in any be convicted. thing that be may do be acts within the law or not. • • • It is FOURTH PROPOSITION. proper, sir, ~hat every individual in the community should know what are the laws which he is bound to observe at the peril of his liberty. Judge Swayne imposed this unlawful sentence either krrow The act of 1831 was reported by Mr. Buchanan from the Ju ingly or ignorantly. If knowingly, be is guilty. If ignorantly, diciary Committee in pursuance of this resolution. be is guilty if be did it with a bad motive, maliciously, or with It most clearly appears that the intent of the net was to de intent to punish a personal affront. fine and limit the powers of the Federal courts over contempts 'l'be first question, then, is, Did be impose the unlawful sen and to limit their power to punish. There can be no doubt tence knowingly and willfully? Upon that point it may be the intent was effectuated. Any man may read this wholesome said every man is presumed to know the law and cau not statute and know the law which be is bound to observe at the plead ignorance in justification or as an excuse for violation peril of his liberty. Congress tried to make the law so plain thereof. A judge must be learned in the law, and he can not that any man could read and understand it, not excepting a escape the presumption that applies to the most ignorant. If judge. Judge Swayne is held to the rule, he knew the law actually. If be, knowing the law, violated it, he must have done it will SECOND PROPOSITIO~. fully and knowingly. The presumption of the law is that he Davis, Belden, and O'Neal, who were committed to prison for did know the law. an alleged contempt of court, did nothing which gave Judge I quote: Swayne the lawful authority to summarily punish either of In general, every person Is presumed to know the law of the coun them for a contempt of court under tbis statute or any other try where he dwells or where, if residing abroad, he prosecutes busi law, since this is the only law conferring power upon the Fed ness (Lyon v. Richmond, 2 John, 51-60), and within limits the pre sumption is conclusive. eral courts _to punish for contempt. First, because the alleged Ignorance is no defense in either civil or criminal cases. Under contempt was not committed in the presence of the court, or so no circumstances can one justify the act by the naked showin~r that near thereto as to obstruct the administration of justice; second, when be did it he did not know the existence of the law violated. Not even in general Is the excuse valid that he endeavored to ascer it was not a misbehavior of any officer of Judge Swayne's court tain the law and was misled by advising counsel. Ignorantia juris in their official transactions; third, it was not a disobedience or non excusnt is a rule of our jurisprudence, as of the Roman, whence resistance by any officer o:t: said court or any other person to it was derived. (Bishop's Criminal Law, par. 168, p. 294.) any lawful writ, order, rule, decree, or command of the said Judge Swayne, of all men, ought not to be allowed to escape court. tbis presumption, especially in a case in wbich be was judge, It was, if all that Judge Swayne asserted was true as to the jury, and executioner. motive of Davis and Belden, nothing more than a violation of Secondly, de the circumstances that surround the transaction section 2 of the act, punishable by indictment and not by pro prove that Judge Swayne in imposing the unlawful sentence had ceedings in contempt. The theory upon which Judge Swayne malice, ill will, or a disposition to use his power to punish con sentenced these persons was that they intended to disgrace and tempt for the purpose of punishing a personal affront? force him to recuse bimself. If it occurred anywhere outside 1\lalice, ill will, and hatred are conditions of the mind. It of Judge Swayne's jurisdiction, it was not an official transaction, is not to ·be expected that a judge who intends to use his judi and if it was not, men can not be lawfully cast into prison for cial power to gratify his malice or ill will or 'to punish one he having bad intentions. hates will declare the fact in advance or confess it after the For these reasons the conclusion seems inevitable that the sentence is pronounced. If the fact can be proved in no other actions of these lawyers were not within the statute of contempt, way, then there is no limit on the power of the judges to 2236 CONGR.ESSIONAL RECORD-SENATE. FEBRUARY 10, punish their enemies under the cloak of punishing contempts of ten days in· jail, moderation. If such a seilt~nce is a minimum, court. · may God pity the poor wretch upon whom the vengeance of But there is another way to prove the state or condition of Judge Swayne falls with full force. ,mind and the actuating motives of laymen and judges. Being Still endeavoring to arrive at the moti'\"e of Judge Swayne, human. a judge is to be judged by the rules that apply to other we shall point to the testimony of what occurred before the men.· ·Being a minister of the law, he is not, therefore, above arraignment and conviction of Davis and Belden. Judge the law. The law holds eTery man accountable for the natural Swayne saw the publication in the Sunday papers. It was as and reasonable consequences of his acts. If I send a bullet follows: into a vital part of my enemy's body and he dies the law pre .TUDGE SWAYNE SUMIIIONED AS PARTY TO THE SUIT IN CASE OF FLORIDA sumes that I meant to kill. It would be a silly defense to say I M'GUIRE 'V. PEN SACOLA COMPANY ET AL. did not know that death would follow or that I did not know A decided new move wns made in the now celebrated case of Mrs. the act was unlawful. That plea would not stand a second. If I Florida McGuire. who Is the owner 1J7 inheritance and claims the possession of what is known as the ' Rivas tract," In the eastern carry away my neighbor's goods and convert them to my own portion of the city, near Bayou Texas, by the filing of a prrecipe for use the law presumes that I meant to steal. It would be a summons, through her attorneys, ex-Attorney-General Simeon Belden, foolish excuse to say that I did not know theft was unlawful. Judge Louis P. Paquet, of New Orleans, and E. T. Davis, of this city, in the circuit court of Escambia County, in an ejectment proceed Judge Swayne imposed an unlawful sentence in that he fined ing for possession of block 91, as per map of T. C. Wat son. which and imprisoned under a law-that forbade him to do both. There as part of the property which is claimed by l\1rs Florida McGuire. is no l'oom to argue that the statute is doubtful or that Judge and which is alleged that Judge Swayne purchased from a real estate agent in this city during the summer months, and which is a Swayne innocently interpreted it wrongfully. To claim such part of the property now in litigation before him. - an excuse for him would be in effect to condemn his judicial The summons was placed in the hands of Sheri.ff Smith late last capacity. He makes no such excuse for himself. On the con nlaht for service. trary, he stoutly defends his action on the ground that he made Filed November 12, 1901. F. W. l\!A.nsH, Ole1"7•. no mistake in punishing Dav1s and Belden for contempt. I do Havi:i:J,g read this· article in the Sunday newspaper, announc not believe he will be obliged to any zealous friends who make ing that suit was brought, Judge Swayne communicated with it for him. But if he· seeks to excuse himself, or if his friends Blount, defendant's counsel, also one of the defendants. He seek to excuse him, on the ground that he was ignorant of what called up Blount over the telephone and asked Blount if he had he surely ought to have known and of what the law presumes seen this newspaper article. Blount said he bad not seen it, but ' he did know, then we may look further and see if his ignorance promised to get it. Next morning Judge Swayne and Blount was accompanied with malice or ill will. If he knew this law, conferred, and as soon as the Florida McGuire case was dis and knowingly violated it, he is subject to impeachment, and continued with the consent of the court, behold Blount, the no man can honestly say nay. If, ignorant of the law, he im very last man in the world who should have interfered in such posed the unlawful sentence with malice, he is subject to im a matter, arose and suggested to the court that a contempt had peachment, and no man can say nay. been committed. A wonderful, spontaneous unanimity of opin That he was actuated by motives of revenge and hatred is evi ion seemed to exist between Judge Swayne and Blount, lawyer denced by the fact that be, in the first instance, suspended the and defendant. They both arrived at the· conclusion in pur lawyers from practice for two years. He took that back when suance of their conference in the morning that the dignity and Blount told him it was wrong. - good order of the court bad been infringed upon, and the pro!.. If Judge Swayne had intended to do these men justice and ceeding was commenced. The impropriety on the part of the . not to wreak vengeance, he would have given a " moment's re judge in inviting Blount, lawyer for defendants and defend flection " to the case before pronouncing this most unwarranted ant himself, to inaugurate and conduct a contempt proceeding and severe sentence. What is it to a lawyer to be disbarred would be manifest in any case. In this case it is particularly for a period of tWo years? The lawyer's capital is the confi reprehensible because Blount knew nothing about the case dence of his clients. That lost, his occupation is gone. Sus-· until it was mentioned to him by Judge Swayne. Judge Swayne pension from practice for so long a term as two years is simply knew all the facts. Whether the dignity of his court had been destruction of a lawyer's business. The effect of such a sen offended or its good order disturbed was for him, and not for tence would be to destroy a lawyer's chances to get business, Blount, to say. It would have been proper for him to .call the because clients would distrust the ability of a man to gain offending lawyers before the bar of the court, state to them causes in a court when the relations between lawyer and court the charges, submit to them the interrogatories that the law were unfriendly. The public generally look upon a disbarred prescribes in every case of indirect contempt, and give them lawyer as disgraced beyond redemption and unworthy of confi the opportunity to which they were entitled to purge themselves dence or trust. In short, two years' disbarment in any court on oath. Since Blackstone wrote, the law bas never been spells ruin to a lawyer. changed in this particular. The Supreme Court of the United States make some perti If a party can clear himself on oath, he is discharged. (Burke v. nent" remarks on this subject in the case of Bradley v. Fisher 'l'he States, 214 Ind., 528; 4 BI. Com., 286, 287; Wilson v. Walker, 82 N. C., 95 ; U. S. v. Dodge; 2 GalL, 313, Circuit Court of the (13 Wallace, p. 355), as follows: United States, first circuit of Massachusetts; in re John I. Pitman, 1 Admission as an attorney is not obtained without y~ars of labor and Curtis, 189; in re Wilson v. Walker, 82 N. C., 95.) study. The office which the party thus secures is one of value and But Judge Swayne chose a different course. He selected often becomes the source of great power and emolument to Its pos sessor. To most persons who enter the profession it is the means of the one man whose grist he had insisted upon grinding in support to themselves and their families. To deprive on~ of an office his judicial mill, and who had been· able, through Judge of this character would often be to decree poverty to himself and desti Swayne's refusal to recuse himself, to force a discontinuance tution to his family. A removal from the bar should; therefore, never be decreed where any punishment less severe, such as a reprimand, of the case, and who might, therefore, be supposed to feel temporary suspension, or fine, would accomplish the end desired . willing to do the dirty work of the judge, to institute and .(Brady and Fisk, 13 Wall., p. 355.) prosecute the proceedings for. contempt This course indicated Davis was a young man. He had been practicing three and what Judge Swayne was after, and the state of mind with one-half years. Belden was about 70 years of age, and had which be went for it. been laid up at his hotel with paralysis. Common humanity This animus was clearly shown by the language he used in would have bidden Judge Swayne to "reflect a moment" before imposing sentence. These unfortunate men were summoned to he ruined Davis and cast into prison a man who had nearly answer one day, tried the next, if the exceedingly perfunctory passed three score years and ten of an honorable life. '.rhat bearing could be called a trial, and immediately called for sen Judge Swayne did not reflect is evidence of a disposition and tence. They were members of a learned profession. Judge willingness to strike without regard to right or consequences Swayne designated them before the bench as "ignorant," which in the beat of passion. he bad no right to do under any circumstances. The · questi.on It is no answer to say that Judge Swayne eliminated that of their learning or ability was not in issue, and no evidence had part of the sentence. That did not eliminate the state of mind been received on that subject; but Judge Swayne did not hesi that induced its imposition. tate to do them all the injury in his power_by judicially deter It is no answer to say that Judge Swayne was angry, and mining this immaterial but to them vastly important fact. that he had a right to be angry. Even he does not make that They went out of the court branded as "ignorant," therefore excuse for himself. His defenders find excuses that he never unfit to practice in any court. Not content with this most un dreamed of. founded and unjustifiable accusation, Judge Swayne descended His only interest, according to his view, was - " pr(}tecting to personal abuse. He said they were a "stench in the nostrils the dignity of the court." He claims that " he had no malice of the people," signifying that there was something putrid or or personal feeling," and, amazing fact, he points to the rotten in their physical condition or tl.leir moral character. leniency of the sentence as evidence of his want of personal A stench proceeds only from an exceedingly disgusting source. feeling. He says he might have given them ten months instead These lawyers stood before the bar in open court, powerless ot ten days. He calls two years' suspension, $100 fine, and and helpless, and heard the filthy denunciation of Judge Swayne, I 1905. '~ CONGRESSIONAL RECORD-SENATE~ 2237 and·· their neighbors heard it, too. Executton swiftly followed his coUI·t under the-act of 1831, limiting afid defining contempts judgment. ·No time was lost to wait for a habeas corpus or in Federal courts, (a) because O'Neal did not commit a con~ appeal. Vengeance demanded speedy incarceration in the tempt in the vresence of the court, or so near thereto as to ob county jail. Judge Swayne issued the commitment, and that struct tlle administration of justice; (b) because be was not nu night Elsa T. Davis, ··the young man, and Simeon Belden, the officer of the court; therefore, his act could not have been an oHI man, lodgefi ·behind the bars with the common criminals. official transaction ; (c) because lle did not resist any or to preside are entitled to be rid of him, and ,the people of the Statutes shall be deemed to be In actual attendance when they attend upon the order of the courts : And proviclcd turther, 'l'hat no such per lJnited States are entitled to believe and know that their judi son shall be employed durin"' vacation; o! reasonable expenses for cial system, which 1~ filled with men of the highest honor and travel and attendance o! distr1ct judges directed to hold court outside of the hi.ghest integrity, shall be kept unsullied and pure. of their districts, not to exceed $10 pet· day each, to be paid on written certificates o! the judges, and such payments shall be allowed the mar The PRESIDING OFFICER. Are the managers ready to shal in the settlement of hli:J accounts with the United States; ex proceed with the examination of witnesses? penses o! judges ot the circuit courts of appeals; o! meals and lodgings ~'Ir. Nianager OLMSTED. Nir. President, we shall possibly for jurors in Ua.ited States cases, and of bailiffs in attendance upon the same, when ordered by the court; and of compensation for jut·y be able to put in a little evidence this evening. A witness commissioners, $5 per day, not exceeding three days !or any one term whom we de ired to call at the very outset is in the city, I am or court, $110,000. informed, but bas not yet reached the Capitol. JS'Ir. Manager OLMSTED. Nlr. President, the offense chargec1 The PRESIDING OFFICER. If there are any witnesses in in the second article occurred during the period of time covered attendance whom the managers can put on, the Sergeant-at by the sundry civil appropriation act of June G, H>OO, which Arms will call them. was the law for the year ending June 30, 1901. _The provision ~'Ir. Nrannger OL:MSTIDD. We can proceed for n time. of law is, I think, identical with that previou ly read, and I The PRESIDING OFFICER. If the managers will indicate will not ask to har-e it rend, but that it be inserted in the what witnesses are desired the Sergeant-at-Arms will call them. RECORD. . .Nir. :Manager OLNISTED. .Mrs. Annie E. Russell is desired. The PRESIDING OFFICER. It will be inserted in the She is from Texas. I understand she has reached the city, but RECORD, if there be no objection. . probably · Mr. Manager OLMSTED. Yes; The whole, I assume, will be and attendance amounted to the sum of $310, which sum is justly due me for such attendance and travel. printed. CHARLES SwAYNE, Judge. The Secretary read the. part indicated by Mr. M-anager OLM DECEMBER 29, 1900, STED. Received of John Grant, United States marshal for the eastern dis The PRESIDING OFFICER: The whole certificate will be trict of Texas, the sum of $310, in full of· the above account. $310.] printed in the RECORD. CHARLES SWAYNE, Judge. The entire paper is as follows : . Paid by check drawn on Merchants and Planters' National Bank, UNITED STATES OF AMjERICA, TREASURY DEPARTMENT, Sherman, Tex., the designated depository of the United States, to wit: February 10, 1905. December 10~ 1900, No. 6829------$100 . Pursuant to section 882 of the Revised Statutes, I hereby certify December 21, 1900, No. 6847------100· f.hat the annexed is a true copy of papers in the account of John Grant, December 29, 1900, No. 6857------110. United States marshal tor the eastern district of Texas, now on file in this Department. Total ------310 In witness whereof I have hereunto set my hand and caused the. seal [Treasury Department, .Auditor for the State and other Departments. of the Treasury Department to be affixed, on the day and year first Form No. 241. Ed. 11, 25, 1901-250.] above written. The United States in account current with John Grant, United States [SEAL.] H. A. TAYLOR, marshal tor the eastern district of Texas, for- pay of bailiffs, etc., of Assistant Secretary of the Tre.asurv. the Unlted States courts during the period from October 1, 1900, to [Judicial No. 7196. Certificate of expenses United States courts. December ~1, 1900. Marshals.] Second account, 1901. TREASURY DEPARTMENT, DR. OFFICE OF AUDITOR FOR STATE AND OTHER DEPARTMENTS, To disbursements, as per abstract herewith, paid 33 vouchers_ $908. 00 March 5, 1901. To balance due the United States------19. 40 I hereby certify th~t I have examined and. settled an account between the United States and John Grant, United States marshal for· the east 927.40 ern district· of Texas, under the appropriation for " Pay for bailiffs, CR. etc., United States courts," 1901, from July 1, 1900, to December 31, By balance due the United States per last account for pay of 1900, under bond dated March 2, 1898, and find a balance due the said bailiffs, etc., first account suppl~~------~~ - ~-- $927. 40 United States of $1,019.40. ERNST G. TIMME, 927.40 Auditor tor the State ana other Departments, EASTERN DISTRICT OF TExAS, 88.' By G. w . .ESTERLY, John Grant; marshal ot the United States for said district, being Deputy Auditor. duly sworn, deposes· and says that the services stated In the vouchers To the SECRJ!l'l'ARY OF THE TREASURY, referred to in the above account have been actually and necessarily (Division of· Bookkeeping and Warrants.) performed, and that the disbursements charged above have all been fully paid in lawful money. Statement. JOHN GRANT, Mat·shaZ. DR. Sworn and subscribed to this 8th day of January, 1901, before me. To balance per certificate No. 69698------$932. 40 · D. W. PARISH, Olerk. tro warrant 2783, dated January 2, 1901------1, 000. 00 EASTERN DISTRICT OF TEXAS, 8S.' In the United States district- court- for-- said district, at n term thereof Total ------1,932.40 begun and held at Tyler, on the 8th day of January, 1901-present the CR. Hon. D. E. Bryant, judge--the following order was made and entered By amount of his disbursements------~------$913. 00 of record, to wit: · By balance due the United States------1, 019. 40 Whereas John Grant, United States marshal, has rendered to this court an account of his d1sbursements for pay of bailiffs, etc., incurred during the period from October 1, 1900, to December 31, 1900, of the Total ------1,932.40 United States courts, with the vouchers and items thereof, and in OFFICE OF THE SECRETARY OF THE TREASURY, presence of M. C. McLemore, United States attorney, has proved. on DIVISION OF· BOOKKEEPING AND WARRANTS, oath, to the satisfaction of the court, that the services therein charged Entered In ledger No. 24, page 426, March 6, 1901. - have been. actually and necessarily performed as therein stated and H. M.G. that the disbursements charged have been fully paid in lawful money; anrt Abstract- of disburse-,nents under the appropriation for pay of bailiffs, etc; Whereas said charges appear to be just and according to law: It Un.i~td States cou1·ts~ 1901, fo1· the qua1·ter ending December Sl, 1900. is hereby Ordered, That the said acconnt, amounting to nine hundred and eight dollars and no cents, be, and the same is hereby, approved. Voucher Items, etc. • !Amount. The above. is a true copy from the record of an order made by said No. court on the 8th day of January, 1901. 6{~tness my hand and the seal of said court this 8th day of January, 1 J. H. Fry, bailifl', October term, Jefferson---·------··- 19 2 J . W. Sims. bailiff, October term, Jefferson------$~ [SlilAL.] D. W. PARISH, Clerk. 3 H. W. Walker, bailifl', October term, Jefferson______12 Mr. Manager OLMSTED. Mr. President, I offer, in support 4 J. M. Singleton, crier, October term, Jefferson ______12 5 Kate Wood, meals jurors, October term, Jefferson ______6 of the third article of· impeachment, a similar certificate show 6 ----.do _----~ ------~ --. ------__ ------6 ing Judge Swayne's certificate of expenses and his receipt for 7 _____ do _------·------_____ ·--., __ 18 8 Ben_ Blum, jury commissioner, October term, Galveston. 5 $410 in relation to his holding court at Tyler, Tex., beginning 9 John Hackworth, bailiff, October term, Galveston ______4 in January, 1903. 10 L. J. Donnelly, bailiff, October term, Galveston______4 Mr. THURSTON. Mr. President, repeating, as to this offer, 11 ----.do ---·-- __ ------_------· __ ---- 8 12 John McMahon, bailift', October term, Galveston------12 what I said with respect to the other, we will waive insisting 13 John M.. Whel.a.n, crier, October term, Galveston------4 upon om: objection to the introduction of this evidence. 14 _____ do ------_----- __ -·-- _----- ______8 Mr. Manager OLMSTED. I hardly see what objection the 15 _____ do _-··-- ______------_------______.... ______20 16 G. 0. Gremer, jury commissioner, November term, counsel upon the other side could make to it. It is certainly Paris --···- ____ ---·-- ____ --··-- _____ --·-- ---··------~--- 15 the most positive and direct and best evidence that could be 17 C. P. Matthews, bailiff, November term, Paris. ______. 16 offered directly in support of the third article of impeachment. 18 A. A . ...Sims, bailiff, NQvember term, Paris ______16 19 F. H. Gaines, bailiff, November term, Paris ______14 Mr. THURSTON. We have not objected to its incompetency. ID M. C. Smith. crier1 November term, Paris·------16 We have objected that it is irrelevant and immaterial to the 21 R. D. Simonton, Jury commissioner, December term, article of the indictment. Beaumont._--·----·-----·---_--·--_--·-- __ .... --·--·------10 22 Louis M. Hebert, bailiff, December term, Beaumont---- 12 Mr. Manager OLMS'rED. I will ask to have the similar page 23 E. A. Hayne, bailiff, December term, Beaumont------12 read from this document and waive the reading of the re 24 George A. Tayl?r, bailiff, December term, f3eaumont --- 10 mainder, understanding it will be printed in the RECORD. 25 J. W. Wood, crier, December term. Beaumont______12 2Q W. M. Reed, jury commissioner; special term, Tyler--- 15 The Secretary read the page indicated. The entire paper is Z'l L. 0. Willia,ms, meals jurors, specml term, Tyler------1 as follows: 28 _____ do ------.------~--- --~ ------____ ------_ 9 UNITED STATES OF AMERICA, TREASURY DEPARTMENT, . 29 ____ do _------~-- _- ~------·------44 February 10, 1905. 30 __ ... do _---- _------·--·---·-----·------·------228 81 Chas. Swayne, expenses judge, special term, Tyler--··-- 310 Pursuant to section 882 of the Revised Statutes, I hereby certify that 32 W. M. Reed, jury commissioner. January term, Tyler .. 10 . the annexed is a true copy of papers in the account of A. J. Houston, ~ J. W. Sims, jury commissioner, January term, Jefferson. 15 United States marshal for the eastern district of Texas, now on file in this Department. Total.------____ ------____ ------__ __ 908 In witness whereof I have hereunto set my hand and caused the seal of the 'l'reasury Department to be affixed on the day and year first above written. [Form No. 28.] (SE4J.,,] H. A. TAYLOR, Assi-stant Secretary of the Treasu'l'y. UNITED STATES Oll' A.!IIERICA, Eastern Di-strict Tea: as, ss: [Judicial No; 93964. Certificate o~ expenses, United· States Courts. of Marshals.] . I, Charles Swayne, district judge of. the. United. States for the north district of Florida, do hereby certify that I was directed to and held TnEAS URY DEPART~UlNT, . court at the city of Tyler, in the eastern district of Texas, twenty-four OFFICE OF AUDITOR FOR STATE AND OTHEB DEPARTMENTS, days, commencing on the 3d day o:f December, 1900; also, that the t-ime J un.e !7, 190S. engaged in holding said court and in going to and returning :from the I h-ereby certifY that I have examined and settled an account between aame was thirty-one days, and that my t·easonable expenses for travel the United States and A. J. Houston, United States marshal for the dis- 2240 OONGRESSIONAL RECORD-SENATE. FEBRUARY 10, trict of Texas under the appropriation for "Pay of bailiffs, United present, the Ron. D. E . Bryant, judge-the following was made and States courts," 1903, from January 1, 1903, to March 31, 1903, under entered of record, to wit: bond dated May 27, 1902, and find a balance due the said United States Whereas A . .J. Houston, United States marshal, ha.s rendered to this of $736.75. court an account of his disbursements for pay of bailitl's, etc., incurred G. W. ESTERLY, during the period from .January 1, 1903, to March 31, 1903, of the Acting Auditor (or the State anr:Z other Depat'tments. United States courts, with the vouchers and items thereof, and in the - w.o.B. presence of H. B. Birmingham, assistant United States attorney, has TO the SECRETARY OF THE TREASURY, proved, on oath, to the satisfaction of the court that the services (Division of Bookkeeping and Warrants). therein charged have been actually and necessarily performed as Statement. therein stated, and that the disbursements charged have been fully paid in lawful money; and . DR. Whereas said charges appear to be )ust and according to law: It is To bahince per certificate No. 91439 ------$1, 746: 88 hereby To warrant 5179, dated May 5, 1903 ------300 Ordered, That the said account, amounting to thirteen hundred ----- twenty-four dollars and thirty-five cents, be, and the same is hereby, 2,046.00 approveil, CR. The above is a true copy from the record of an order made by said By amount of his disbursements------$1, 309. 25 court on the 15th day of April, 1903. By balance due the United States------736. 75 19 ~~tness my hand and the seal of said court this 15th day of April, 2,046.00 (SEAL.} A. 0. BRACKETT, OFFICE OF THE SECRETARY OF THE TREASURY, United, States District Clerk, Eastern District of Te:cas. DIVISION OF BOOKKEEPING AND WARRANTS. By H. H. HALEY, Entered In Ledger No. 26, page 469,_June 27, 1903. Deputy at Beaumont. H. M.G. Mr. Manager OLMSTED. Mr. President, I have bad a simi .Abst1·act of disbursements under the appropriation fm· "Pay of bailiffs United States courts," 1903, for the quarter ending March 31, 1903. lar certificate made covering the first article of impeachment, but in view _of the fact that Judge Swayne's certificate of ex Voucher ! Amount. penses and his receipt for the money are recited in the first No. article and are expressly admitted by the respondent in his answer I do not cumber the record with it. I call Payne W. 1 Judge Charles Swayne.------···---·-- $410.00 Chase. 2 James H. Seeton, jury commissioner .. ---·------·-- 10.00 3 ______do ______.. ----.---.---.------5.00 Mr. BAILEY. Mr. President, I may be mistaken as to the 4 James McBride, bailiff _____ ---·------·--- 8.00 pleadings, but my understanding is that there is no issue as to 5 Georr W. Spencer, bailiff __ .. ______44.00 the receipt and expenditure as alleged by the House, and that 62.00 ~ ~~g. Po:et~e:ru:~_:::::::::::::::::::::::: :::::::::::: 00.00 at most, all that remains for the Senate to do is to determine . 8 J. W. Butler, crier------62.00 the effect of the respondent having drawn the maximum allow 9 Mrs. E. G. William~ board for jury ______234.00 ance; and to determine, upo·n the state of the pleadings-it be 10 J. F Moore, jr., M . .u ...... ------·------7.50 11 Harris Brothers, druggists ______------1.60 ing alleged that be drew the money and did not expend it-what the law in that case is. Total. __ ------.------·-----·---~-· 874.10 If I am right about that, I suggest that the calling of wit nesses upon this charge, which involves the question of expense UNITED STATES OF AMERICA, and receipt, would be a useless consumption of the time of the Eastern District of Tea;as, ss: Senate. I do not venture to say positively that I am correct in I, Charles Swayne, of the northern district of Florida, do hereby cer my belief as to the state of the pleadings, but I am of the im tify that I attended the special term, 1903, of the United States district court held at the city of Tyler, the same being a place other than where pression distinctly that while the House bas charged the re I reside, and that I attended said term thirty-six days, commencing on spondent with receiving $10 a day and with expending a sum the 12th day of .January, 1903, and also that the time engaged in attending said court and going to and coming from same was forty-one much less than that, the respondent does not deny the fact, but days, and that my reasonable expenses for travel and attendance asserts as a matter of law that be had the right to do it. If amounted to the sum of four hundred ten dollars and no cents, which permissible, which I believe it is not under the rule, to inquire sum is justly due me for such expense of travel and attendance at said of the managers or respondent, I would inquire directly of term of court. CHAS. SWAYNE_- them; but having stated it to the Presiding Officer of the court, I DATED FEBRUARY 16, 1903. am sure that counsel on each side will be able to answer. Received of A. J. Houston, United States marshal eastern district of . Mr. :Manager OLl\ISTED. Mr. President, with reference to Texas, the sum of four hundred ten and no /100 dollars, in full of the the calling of the witness Payne W. Chase, who is called in sup-. abova. account. $410.00. CHAS. SWAYNE. port of the second article of impeachment, and all the witnesses Paid by check No. 11335, January 17, 1903------$~0 who will be called in support of the first article and the third . Paid by check No. lla91, January 28, 1903---,.------1<>0 article, as well as the second, I desire to say that each of those Paid by check No. 11514, February 14, 1903------200 Paid by check No. 11529, February 16, 1903------10 articles charges two things-first, the making of a false certifi cate as to the actual amount of expenses paid or incurred in con Total ------~------410 nection with the holding of the court-the expenses of travel . TREASURY DEPART:.\1ENT, and attendance; and second, the receipt, upon such false certifi AUDITOR FOR THE STATE AND OTHER DEPARTMENTS. cate, of the money thus certified. The certificates _which have The United States in account-current with A . .J. Houston, United States marshal for the eastern district of Texas, for pay of bailiffs, etc., been offered show that the respondent certified in the respective of the United States - courts during· the period from January 1 to cases to certain amounts as having been his expenses. These l\larch 31, 1903 : DR. articles charge that his expenses were very much less in each To disbursements: of the three instances, and testimony will be adduced for the Paid Sherman court at A, voucher 1------ $99.25 purpose of supporting the charge that the certificates were false Paid Tyler· court at B, voucher 2------ 874.10 Paid Jefferson court at C, voucher 3------ 89.00 in· that respect. Paid Paris court at D, voucher 4------262.00 Now, as to the pleadings, the respondent replies to the first article that be admits that be made the certificate and signed 1, 324. 35 421.65 the receipt as therein set forth. That certificate, which is To balance due the United States------printed, commencing at page 1 of the little pamphlet which has 1,746.00 been printed as Senate Document No. 133, says: CR. 1, Charles Swayne, district judge of the United States for the north By balance due the United States per last account for pay of ern district of Florida, do hereby certify that I was directed to and bailiff~ etc------$74aoo held court at the city of Waco, in the northern district of 'l'exas, By draft of the United States Treasurer, dated ______1, 000. 00 twenty-three days, commencing on the 20th day of April, 1897 ; also, ----- that the time engaged in holding said court, and in going to and re 1,746.00 turning from the same; was·twenty-three days, and that my reasonable EASTERN DISTRICT OF TEXAS, SS: expenses for travel and attendance- A. J. Houston, marshal of the United States for sal~ district, being duly sworn, deposes and says that the services stated m the vouchers This is the part of the certificate to which I desire to c~ll at- referred to in the above account have been actually and necessarily per tention- · formed, and that the disbursements charged above have all been fully and that my reasonable expenses for travel and attendance amounted paid in lawful money. · to the sum of $230 and -- cents, which sum is justly due me for A. J. HOUSTON, Marshal. such attendance and travel. Sworn and subscribed to this 15th day of April, 1903, before me. [SEAL.] A. 0. BRACKETT, Now, in answer to that the respondent admits that he made United States Di~trict Clerk, Eastern District of Te:cas. that certificate, and then be denies that in so doing he falsely By H. H. HALEY, certified, as charged iq the articles of impeachment That Deputy at Beaumont. raises a distinct issue of fact upon which we desire to introduce EASTERN DISTRICT OF TEXAS, 8S: proof. In the United States district court for the said district, at a term thereof begun and held at Beaumont on the 6th day of April, 1903- If the respondent will concede that the certificate was false, I 1905. CONGRESSIONAL RECORD-SENATE. 2241 · and . that the expenses actUally incurred were very much less Q. Is the National Hotel the best hotel in that town? than $230, the amount clainied ·by and paid ·to him as specified A. Yes, sir. [Laughter.] · in the first article, and will make a similar acknowledgment The PRESIDING OFFICER. The Presiding Officer must re and admission in regard to the offenses charged in the second mark that order must be preserved. and third articles · of. the impeachment-if . he will admit, for Q. (By Mr: Manager OLMSTED.) State, if you know, the 1 instance, that his expenses of travel and attendance incidental charges which were made to Judge Swayne· during that period to the holding ·of court set forth in the third article did not of which you have testified. --; exceed $175, whereas he certified and charged $410, then we A. Yes, sir; I have _a memorandum in my hand, and I can shall be willing to dispense with the calling of proof. But until gi>e it. that is conceded submit that it is competent for us to intro Q. If you can state it from your knowledge or by refreshing duce proof in support of the allegations in. the articles so di- your memory, please give us the fact. rectly conta~n.ed. · A. From dinner, 3d of December, 1900, until after supper of · The PRESIDING OFFICER. A cursory examination of the the 29th-twenty-six and one-quarter days. It amounted to pleadings leads the Presiding-Officer to the conclusion that there $52.50 for his board. is no direct admission in the answer of the respondent that the Q. He was there twenty-six and one-quarter days. Is that expenses were actually less than the sum charged, and it seems your answ~r? · that evidence may be introduced to show that they were less. A. Yes, sir. Mr. Manager OLMSTED. We then call Mr. Payne W. Chase. Q. His total-bill was how much? Mr. TELLE.R. Mr. . President,. in this- part of the Chamber .A. His total bill was $58.35-$52.50 for board and $5.85 for . we have great difficulty in hearing either the Presiding Officer extras, laundry, and dng bill. or the managers. Mr. THURSTON. ... What was the tota~? The PRESIDING OFFICER. The Presiding Officer will try The WITNESS. $58.35. . . to keep order. · · Q. (By Mr. Manager OLMSTED.) What was the charge per Mr. TELI~ER. It is not entirely that. We are so far back day for board and lodging? here and there is so much noise generally that it is hard to pre A. $2 per day. vent it. I think the managers should turn their faces a part Q. Is that the regular rate of that hotel, or was it the rate at of the time toward us in the rear. · that time? Mr. Manager OLMSTED. If it will be permissible in exam A. The regular rate;_yes, sir. Our regular rate is $2.50 a day.' ining these witnesses I will ·stand in the aisle near the rear of This was the weekly rate, $2 a day. We charged him $2 per the Chamber. day. · Mr. TELLER. I think that will be a good idea. Q. Your regular rate by the day, then, is $2.50? The PRESIDING OFFICER. There is no ·objection to the A. That is om: rate now. It was $2 a day. manager standing in that part of the Chamber. Q. When persons stay more than a week you charge them $2? Payne W. Chase, sworn· and examined. A. $2. Q. And that was the total amount paid by Judge Swayne? By Mr. Manager OLMSTED : A. Yes, sir. · Question. Mr. Chase, where do you reside? Q. Adding thereto the extras, the laundry, and what was the· Answer. In Tyler, Tex. other item? · Q. Where? A. Drug bill. _ A. Tyler, Tex. Q. Laundry and drug bill? Q. What is your occupation? A. And drug bill. . A. Hotel clerk. Q. That was the total charge ·made against him by the hotel Q. State what was your occupation in December, 1900? at that time? A. I was clerk at the National Hotel at Tyler. · A. Yes, sir ; $58.35. Q. If I understand you correctly, you say you were clerk in Mr. Manager OLMSTED. . That is all. the National Hotel at Tyler? The PRESIDING OFFICER. · Have the counsel for respond- A. Yes, sir. . . __ . · . . ent any questions to ask the witn~s? Q. Do you know Judge Charles Swayne? Mr. THURSTON. We have no cross-examination. A. Yes, sir. Mr. Manager O~MsrED. _I 1_1o_w call Mrs. Downs. Q. State whether or not .you saw him in December, 1900. , A . .Yes, _sir. : ~.. ·. . Mrs. Susan L. Downs sworn and examined. Q. State whether or not he was a guest at the National Hotel The PRESIDING OFFICER. If the witness can be readily at which you were employed? heard, I think the Secretary's desk at the right is the place for. A. Yes, sir; be was a gu~st there. . the witness to stand. · · · Q. How long was he there? Between what dates, if you can ~~? . By Mr. Manager OLMSTED:. A. He was there from December 3 until the 29th. Question. Mrs. Downs, where do you reside? 1\lr. DANIEL. The witness can not be heard. ~ - Answer. Waco, Tex. · The PRESIDING OFFICER. The witness is laboring under Q. What is your occupation? the disadvantage of- having a severe cold. I have no doubt that A. I keep a boarding house. be speaks as loudly ·as'he· can. · Q. IIow long have you been keeping a boarding house, · Mrs. . Mr. Manager. OLMSTED. · Mr. President, permit me to sug Downs? . gest that 1f the \vitness would ~?tand in front of the Secretary's A. Eighteen_years. desk, he might be heard by more Senators than from the place Q. Do you know Judge Charles Swayne? where be· :riow ·stands. · A. I· do. · . Mr. HEYBURN. 1 suggest that his testimony be repeated by Q. Has be stopped at your boarding house? some one whose voice. is more distinct. A. He has. The WITNESS. I try to speak as loud as I can. Q. Will you state whether or not he stopped with you in the The witness advanced to the area in front of the Secretary's month of April, 1897? desk. A. I think so. Question (by Mr. Manager OLMSTED).. If I correctly ·under Q. Can you state, Mrs. Downs, what rate you charged him stand your .testimony, you have thus far stated that in the while he was with you? . year 1900,- and particularly in Decell!ber of that year, yoti were A. It is forty or forty-five a month. the hotel clerk of the National Hotel, at Tyler, Tex. ·Have I Q. Either $40 or $45 a month? correctly heard you? .A. Yes. . Answer. Yes, sir. Q. Not _to exceed.$45 a month? Q. Do you know Judge Swayne? A. No; I am sure. A. Yes, sir. . . Q. I will ask you one question more, Mrs. Downs. When he Q. Did he stop at that hotel in the latter part Qf 1900? .. stopped with you, was he there with you during the entire term A. Yes, sir. of the court which be was then holding, it' you know? Q. At what period, if you can tell; between what dates? A. Possibly he was out of town once, it may be a day at a A. ·December 3 to 29. . · · · time ; I am not sure. · Q From December 3 to December 29, 1900? ··. : Mr. Manager OLMSTED. That is all. A. Yes, sir. · Mr: DANIEL. I 'wish to ask the witness a 'questio.n. xxxix-· -141 • 2242 CONGRESSIONAL RECORD-SENATE. FEBRUARY 10, The PRESIDING OFFICER. The rule is that when a Sen .PROMOTION IN THE NAVY. ator desires to a.sk a question it shall be reduced to writing. The paper was passed to the Presiding Officer. Lieutenant (Junior Grade) John T. Bowers to be a lieuten The PRESIDING OFl!''ICER. Sena.tor DANIEL desires this ant in the Navy from the 1st day of J"anuary, 1905, to fill a question to be put to the witness : \aca.ncy created by the act of Congress approv d March 3, 1903. What did your bill include? I mean what was the charge for; board and lodging, or other items? CONFIRMATIONS. 'Tbe WIT~TESS. Everything included ; board arid lodging. 'Executive nomination8 confirmed by the Senate February 10~ The PRESIDING OFFICER. How .about other items? 1905. The 'VITNESS. No other items. 'l'he PRESIDING OFFICER. Do counsel for the respond- CONSUL-GENERAL. ent desir~ to cross-examine the witness? David F. Wilber, of New York, now <'Onsul at Barbados, 1\1r. THURS'.rON. We have no questions to ask. 'Vest Indies, to be consul-general .of the United States at Singa Mr. HIGGINS. No questions, 1\lr. President. pore, Straits Settlements. Mr. Manager OLMSTED. I now can w. B. Sublett. PROMOTIONS IN THE ARMY. The Sergeant-at-Arms reported that Mr. · Sublett was not present. Col. David P. Heap, Corps of Engineers, to be placed on til retired list Qf th Army with the rank of brigndier-genernl Mr. Manager OLMSTED. Mr. President, the witnesses whom from the date upo_? which he shall be retired from acti'e we desired to examine this evening appear to have been delayed service. by the storm. 'Ve are told that they wiU be here, and they may be even now arriving in the city. We can not well proceed in lnfant'ry Arm. their absence. First Lieut. Stanley H. Ford, Twenty-fifth Infantry, to be The PRESIDING OFFICER. The· Presiding Officer under captain, with rank from F~bruary 3, 19Q5 . . stands, then, that the managers have nothing further to present? COLLECTORS OF CU:5TOMS. Mr. Manager PALMER. Nothing to-day. William L. Short, of Mississippi, to be collector of customs Mr. :Manager OLMSTED. Nothing further in the absence of for the district of Vicksburg, in the .State of 1\fississippL the witnesses. Frank W. Leach, of New Jersey, to be collector of customs Mr. IDGGINS. .Mr. President, I learn from the Sergeant-at for the district of Little Egg Harbor, in the State of :t-Tew Arms that a witness for the respondent, Louis P. Paquet, of Jersey. New Orleans, has been served, and that he is not in attendance, POSTM..A.STERS. and we would ask for an .attaebment. The Sergeant-at-Arms has informed me that his deputy instJ.·ucts him that Mr. Paquet CALUi'ORNIA. claimed to be suffering from the grippe, and would send a cer Jane E. Loveland to be postmaster at Menlo Park, in the tificate of a pbysician. We are not content with that state of county of San Mateo and State of Oalifornia. the record as furnishing a reason why we should not ask for an COLORADO. attachment. David E. Gray t.9 be postmaster at Greeley, in the county .of The PRESIDING OFFICER. The rules require that a mo Weld and State of Colorado. tion for an attachment shall be decided by the Senate rather than. by the Presiding Officer. The Presiding Officer, however, GEORGIA. will suggest that the motion being now made, a decision upon it Leon P. Wimberly to be postmaster at Abbeville, in 'the HOUSE OF REPRESENTATIVES. The bill as amended was ordered to be engrossed for a third reading; and being engrossed, it was accordingly read the third FRIDAY, February 10, 1905. time, and passed. · JOHN KEOUGH. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. HENRY N. CoUDEN, D. D. The next pension business was the bill (H. R. 18050) grant The Journal of the proceedings of yesterday was read and ing an increase of pension to John Keough. approved. The bill was read, as follows : CONFERENCE REPORTS. Be it enacted, etc._, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to Mr. LOUDENSLAGER. Mr. Speaker, I present conference the provisions and limitations of the pension laws, the name of John Keough, late of Seventy-seventh Regiment Pennsylvania Volunteer In reports on the four following bills, to be printed under the rule : fantry, and pay him a pension at the rate of $50 per month in lieu The bill (S. 5947) granting an increase ofpension to Florence of that he is now receiving. 0. Whitman; The bill ( S. 6152) granting an increase of pension to Ann The report (by Mr. HoLLIDAY) is as follows: E. Wilson; · The Committee on Invalid Pensions, to whom was referred the bill The bill (S. 5732) granting a pension to Philip LaWotte; and (H. R. 18050) granting an increase of pension to John Keough, sub mit the following report : The bill ( S. 4169) granting a pension to Galena Jouett. An increase of pension from $12 to $50 per month is sought in the The SPEAKER. The reports and statements will be printed bill. Mr. Keough, now 66 years of age, is shown by the records of the under the rule. War Department to have served as a private in Company A, Fortieth PENSIONS. Pennsylvania Infantry (Eleventh Pennsylvania Reserves), from June 25, 1861, to June 13, 1864, when honorably discharged, and again as Mr. SULLOWAY. Mr. Speaker, under the rules, certain bills a private in Company E, Seventy-seventh Pennsylvania Infantry, from March 8, 1865, to December G, 1865, when honorably discharged · to on the Private Calendar are in order to-day. I ask unanimous have been taken prisoner June 27, 1862, and paroled August 5, 1S62, consent that they may be considered in the House as in the and to have received a gunshot wound of the right breast in action at Committee of the Whole. Gettysbury, Pa., July 2, 1863. He is now pensioned under the act of June 27, 1890, at $12 per The SPEAKER. ~'he gentleman from New Hampshire asks month for total disability, the result of rheumatism and resulting dis unanimous consent that bills in order upon the Private Cal ease of heart, gunshot wound of right breast, and disease of eyes. endar under the rule to-day, Friday, shall be considered in the He was formerly pensioned under the general law on account of the wound of breast at ~4 per month from April 1, 1890. House as in the Committee of the Whole House. Is there When last examined by the South St. Joseph, Mo., board of sur objection? geons, on May 17, 1899, that board described his condition as follows: Mr. MADDOX. Mr. Speaker, just what does that mean? " Gunshot wound : Ball struck the seventh rib 1 inch to the anterior of the axillary line on the right side. The rib was broken and is de The SPEAKER. The Chair will state that to-day certain pressed. The scar is adherent and tender, and shows plainly that business is in order on the Private Calendar-pension business, necrosis has existed. '.rhe pleura is probably adherent at this point. together with some other business, as the rules provide. The Disability permanent. Rate, $17. " Applicant's knees and elbows are stiff and move with difficulty. gentleman from New Hampshire asks unanimous consent that Stiffness of joints is probably due to rheumatism and age. Rate, $12. those bills so in order under the rule shall be considered in the " There is a very distinct cicatrix marking the location of an ulcer House as in the Committee of the Whole House. Is there ob on the cornea of both eyes. '.rhis scarred tissue covers the tissue of both eyes. Rate, $12. jection? "Applicant has no teeth, but wears a set of artificial teeth. There was no objection. "Applicant has a left inguinal hernia which does not pass through the external ring. Rate, $6." JOSEPH C. KINSEY. Medical and other testimony filed with your committee sets forth that the soldier is now suffering with a large double inguinal hernia, The first pension business was the bill (H. R. 17976) granting which necessitates the constant application of a truss ; that his eye sight is also very defective, due to opacity of the cornea of both eyes; an increase of pension to Joseph C. Kinsey. tilat vision in the right eye is only ten one-hundredths and in the left The bill was read, as follows : eye ten two-hundredths; that he also suffers from a fractured rib and loss of teeth; that he is wholly incapacitated for following his voca Be it enacted, etc., That the Secretary of the Interior be, and he is tion as a teacher or to earn his living by manual labor, and that he hereby, authorized and directed to place on the pension roll, subject to bas no property and no other means of support aside from his pension. the provisions and limitations of the pension laws, the name of Joseph Considering the recommendation of the board of surgeons as to the c. Kinsey, late of Company K, •.rwenty-ninth Regiment Indiana Volun disability from the wound of the ri~ht breast, and that the soldier Is teer Infantry, and pay him a pension at the rate of $40 per month in now a severe sufferer from rheumatism and impaired sight, and desti lieu of that he is now receiving. tute, an increase of his pension to $30 per month is deemed proper, and the passage of the bill is therefore recommended when amended The r~port (by Mr. HoLLIDAY) is as follows: as follows: In line 6 strike out the word " Seventy-seventh" and insert in lieu The Committee on Invalid Pensions, to whom was referred the bill thereof the words " Company A, Fortieth." (H. R. 17976) granting an increase of pension to Joseph C. Kinsey, In line 8 strike out the word "fifty" and insert in lieu thereof the submit the following report: · word " thirty." · An increase of pension from $12 to $40 per month is sought in the bill. ~'he amendments recommended by the comin.ittee were agreed Mr. Kinsey, now 84 ye-ars of age, served as a private in Company K, to. Twenty-ninth Indiana Infantry, from September 20, 1864, to June 26, 1865, when honorably discharged, and is now pensioned under the gen 'l'he bill as amended was ordered to be engrossed for a third eral law at $12 per month on account of chronic diarrhea and result reading; and being engrossed, it was accordingly read the third ing disease of rectum. time, and passed. A claim for increase of pension was rejected in April, Hl04, upon the ground that his condition was due largely to other than the pensioned GATES D. PARISH. causes. W'hen last examined, by the Auburn, Ind., board of surgeons, on March 28, 1004, that board rated him- $10 for chronic diarrhea, $10 The next pension business was the bill (H. R. 16725) granting for disease of rectum, $17 for rheumatism, and $17 for disease of heart, an increase of pension to Gates D. Parish. and stated that he was so disabled from chronic diarrhea and resulting The bilJ was read, as follows : disease of rectum, rheumatism, disease of heart, and general debility as to require the frequent and periodical aid and attendance of another Be it enacted, etc., That the Secretary of the Interior be, and he Is person. hereby, authorized and directed to place on the pension roll, subject to Medical and other testimony filed with your committee sets forth the provisions and limitations of the pension laws, the name of Gates that the soldier's knees are flexed and fixed so that he is unable to D. Parish, late first sergeant Company D, One hundred and twenty stand or walk; that he can not dress or undress himself, and that he second Regiment New York Volunteer Infantry, and pay him a pension is dependent upon the pension, having no property except a house and at the rate of $50 per month in lieu of that he is now receiving. lot in the villa.ge of Salem Center, Ind., worth not over $600. The physician whose testimony was filed with your committee was The report (by Mr. GIBSON) is as follows: of the opinion that the chronic articular rheumatism causing his help lessness was partly or entirely the result of his long-continued chronic The Committee on Invalid Pensions, to whom was referred the bill gastro-intestinal trouble. (H. R. 16725) granting an increase of pension to Gates D. Parish, sub Such a pathological relation, however, the Pension Bureau declined mit the following report: to accept. bilt.n increase of pension from $17 to $50 per month is sought in the It being shown that the soldier Is helpless and destitute and requires the aid and attendance of another person, an increase of his pension Mr. Parish, now 76 years of age, who served as a sergeant In Com to $30 per month is justified in the light of numerous precedents. pany D, One hundred and twenty-second New York Infantry, from The passage of the blll is therefore recommended when amended as August 6, 1862, to June 23, 1865, when honorably discharged, and who :follows: is shown by the medical records of the War Department to have been In line 8 strike out the word " forty " and Insert i.n lieu thereof the under treatment during his service for diarrhea and rheumatism, is word "thirty." now pensioned under the general law at $17 per month on account of asthma and disease of the right eye from powder burn and resulting loss of sight of the same. The amendment recommended by the committee was agreed Claims for increase of pension have been repeatedly rejected, the to. la:;t one in April, 1903, upon the ground that the disability of accepted