I·
1906. CONGRESSIONAL RECORD-SENATE. 4759
in San Francisco Harbor-to the Committee on Rivers and LIFE-SAVING SERVICE. Harbors. The VICE-PRESIDENT laid before the Senate a communica By 1\Ir. KNAPP: Petition of E. B. Steel Post, Grand Army of tion from the Secretary of the Treasury, transmitting a letter the Republic, of Carthage, N. Y., for bill H. R. 238-to the Com from the General Superintendent of the Life-Saving Service mittee on Invalid Pensions. calling attention to section 6 of the legislative appropriation By Mr. KNOWLA~: Petition of the San Francisco Labor bill, and recommending that if this section is to remain in tha Council, against method of extradition of· Charles Moyer, W. D. bill some provision should be made to retain the existing author Hayward, and G. A. Pettibone--to the Committee on the Ju ity of law for detailing two officers of the Revenue-Cutter Serv diciary. ice for duty in the office of the Life-Saving Service; which, with By Mr. LINDSAY : Petition of the American Federation of the accompanying paper, was referred to the Committee on Labor, against bill H. R. 5281-to the Committee on the Mer- Appropriations, and ordered to be printed. chant Marine and Fisheries. ' Also, petition of the Brooklyn Daily Times, for admission MESSAGE FROM THE HOUSE. of· wood pulp and news print paper free of duty-to the Com A message from the House of Representatives, by 1\fr. W. J. mittee on Ways and Means. BROWNING, its chief clerk, announced that the House had passed Also, petition of J. H. Burton & Co., the John S. Loomis Com the bill ( S. 5215) to fix the regular t&ms of the circuit pany, the Atlantic Coast Lumber Corporation, ~d the J . and district courts of the United States for the southern divi Masson Company, for bill H. R. 5281-to the Committee on the sion of the northern district of Alabama, and .for other pur Merchant Marine and Fisheries. poses. By l\Ir. NEEDHA...\f: Petition of the State harbor commis The message also announced that the House had passed the sioners of California, for an appropriation to remove rocks bill ( S. 87) providing for the withdrawal from public entry of in San Francisco Harbor-to the Committee on Rivers and lands needed for town-site purposes in connection with irriga Harbors. tion projects under the reclamation act of June 17, 1902, and By l\Ir. OLCOT'r : Paper to accompany bill for relief of for other purposes, with amendments in which it requested the Frank M. Parker-to the Committee on Invalid Pensions. concurrence of the Senate. By Mr. ROBERTS: Petitions of citizens of Lynn and Stone The message further announced that the House had passed ham, Mass., against religious legislation in the District of Co the following bills and joint resolution; in which it requested lumbia-to the Committee on the District of Columbia. the concurrence of the Senate: · By Mr. RUPPERT: Petition of citizens of Farrington, N. Y., H. R. 12323. An act to extend the public-land laws of the for repeal of revenue tax on denaturized alcohol-to the Com- United States to the lands comprised within the limits of the mittee on Ways and Means. / abandoned Fort Crittenden Military Reservation, in the State of By Mr. SAMUEL: Petition of Christ's Evangelical Lutheran Utah; ·· congregation, of Milton, Pa., against bill S. 3413-to the Com H. R. 15328. An act to ap:~trove certain final proofs in the .· mittee on Interstate and Foreign Commerce. Chamberlain land district, South Dakota; By 1\lr. STEVENS of Minnesota: Petition of citizens of Min H. R. 16014. An act to amend an act entitled "An act to create nesota, for repeal of revenue tax on denaturized alcohol-to the the southern division of the southern district of ~owa for ju Committee on Ways and Means. dicial purposes, and to fix the tinie and place for holding court Also, petition of citizens of Minnesota, against religious legis therein," approved . June 1, 1900, and all acts amendatory lation in the District of Columbia-to the Committee on the thereof; District of Columbia. H. R. 17507. An act to open for settlement 505,000 acres of By Mr. SULLOWAY: Petition of Nutfield Grange, of Derry, land in the Kiowa, Comanche, and Apache Indian reservations, N. H., for repeal of revenue tax on denaturized alcohol-to the in Oklahoma Territory ; and Committee on Ways and Means. H. J. Res. 132. Joint resolution permitting the waiving of the By 1\Ir. THO:MAS of Ohio: Petition of Division No. 379, of alien immigration law in the case of Fannie Diner. Niles, and Division No. 325, of Conneaut, Ohio, Amalgamated Association of Street and Electric Railway Employees of Amer 1 ENROLLED BILLS SIGNED. ica, against bill H. R. 12973-to the Committee on Foreign The message also announced that the Speaker of the House Affairs. had signed the following enrolled bills ; and they were there Also petition of the American Federation of Labor, against upon signed by the Vice-President: bill n.' R. 5281-to the Committee on the Merchant Marine and S. 4825. An act to provide for the construction of a bridge Fisheries. across Rainy River, in the State of Minnesota; By Mr. VA..~ WIJ\TKLE: Petition of the Rio Grande (N. J.) H. R. 533. An act granting an increase of pension to Sumner Canning Company, favoring the modified pure-food bill-to the F. Hunnewell; Collllllittee on Interstate and Foreign Commerce. H. R. 552. An act granting an increase of pension to William Also, petition of the Dodge & Bliss Company, against bill H. R. H. Nortrip; 5281-to the Committee on the Merchant Marine and Fisheries. H. R. 1027. An act granting an increase of pension to Charles Also, petition of citizens of the ninth district of New Jer~ey, H. Friend; favoring restriction of immigration-to the Committee on Im H. R. 1241. An act granting an increase of pension to J ohri G. migration and Naturalization. Wallace; By Mr. WEBB : Paper to accompany bill for relief of William H. R. 1322. An act granting an increase of pension to Kath Cody-to the Comm'ittee on Invalid Pensions. erine F. Wainwright; Also, petition of Daughters of Liberty of Davidson, N. C., fa H. R. 1468. An act granting an increase of pension to Morris voring restriction of immigration-to the Committee on Immi B. Drake; · gration and Naturalization. H. R. 1655. An act granting an increase of pension to Henry A. Wheeler; H. R. 1897. An act granting an increase of pension to William SENATE. R. Duncan; H. R. 1913. An act granting an increase of pension to Charles TirimsDAY, April 5, 1906. H. Conley; Prayer by the Chaplain, Rev. Enw ARD E. HALE. H. R. 2082. An act granting an increase of pension to- Siotha The Secretary proceeded to read the Journal of yesterday's Bennett; proceedings, when, on request of Mr. CULBERSON, and by unani H. R. 2090. An act granting an increase o'f pension to Ellen 1\f. mous consent, the further reading was dispensed with. Brant; H. R. 2195. An act granting an increase of pension to Hannah . SANTEE SIOUX AND PONCA INDIANS IN NEBRASKA•• A. Sawyer; The VICE-PRESIDENT laid before the Senate a communica H. R. 2202. An act granting a pension to. Ellen Harriman ; tion from the Secretary of the Interior, transmitting a letter H. R. 2267. An act granting an increase of pension to Joseph from the Commissioner of Indian Affairs relative to the share Rupert; · of the Santee Sioux and Ponca Indians, in Nebraska, in the H. R. 2341. An act granting an increase of pension to Helen principal permanent ·fund now in the Treasury to the credit of H. Hulbert; · the Sioux Nation of Indians appropriated under section 17 of the H. R. 2396. An act granting an increase of pension to Charles Sioux agreement of l\Iarch 2, 1889; which, with the accompany Hull; · · - ing paper, was referred to the Committee on Indian Affairs, and H . R. 2640. An act granting an increase of pension to Decatur ordered to be printed. · Harmon; 4760 CONGRESSIONAL RECORD- SENATE. APRIL·5,
· H. R. 2697. An act granting an increase. of pension to Rufus H. R. 7515. An act granting an increase -of pension to Firman G. Childress; F. Kirk; . H. R. 2765. An act granting an increase of pension to An.drew H . R. 7585. An act granting an increase of pension to Jo eph J. Ben on; Girdler; H. R. 2780. An act granting an increase of pension to 1\fary H. R. 7609. An act granting an increase of pension to Charles E. Fifield; W. Henderson; · · H. R. 2984. An act granting an increase of pension to William H. R. 7681. An act granting an increase of pension to James H. Gildersleeve; M. Miller; H. R. 3007. An act granting an increase of pension-to Thomas H. R. 7738. An act granting an increase of pension to Frank Carder; lin J. Keck; · H. R. 3197. An act granting an increase of pension to Milo G. H. R. 7806. -An act granting an increa e of pension to Johanna Gibson; Walgwist; H. R. 3233. An act granting an increase of pension to Lucius H. R. 7823. An act' granting an increase of pension to Annie R. Simons; E. Peters ; · l1 H. R. 3281. An act granting an increase of pension to Thomas H. R. 7839. An act granting a pension to Ray E. Kline; F. Underwood; H. R. 7856. An act granting an increase of pension to Norman H. R. 3344. An act granting an increase of pension to Henry c. Potter;. Sanborn; H. R. 7951. An act granting an increase of pension to William H. R. 3484. An act granting an increase of pension to Edson J. H. Pitchford; Harrison; H. R. 8042. An act granting an increase of pen~ion to 13ottol H. R. 3541. An act granting an increase of pension to Dora A. Larsen; Weather by; H. R. 8062. An act granting an increase of pension to John K. II. R. 3660. An act granting an increase of pension to James Miller; H. Hill; H. R. 8206. An act granting an increase of pension to Carner H. R. 3806. An act granting a pension to Eva L. Martin ; C. "\Velch; H. R. 3978. An act granting an increase of pension to Samuel H. R. 8315. An act granting an increase of pension to Martin Greenlee; V. Cannedy; rr. R. 4209. An act granting an increase of pension to Martin H. R. 8316. An act granting an increase of pension to William Callahan ; - · Smith; H. R. 4261'. An act granting a pension to A. Louisa S. Mc"\Yhin H. R. 8328. An act granting an increase of pension to Ira nie, Grabill; - H. R. 4352. An act granting an increase of pension to Thomas II. R. 8333. An act granting an increase of pension to John -Wolcott; G. Honeywell ; H . R. 4593. An act granting a pension to William C. Short ; H. R. 8339. An act granting a pension to Vien.Da Ward; . H. R. 4598. An act granting an iucrease of pension to James H. R. 8530. An act granting an increase of pension to Benja B. Barry; min Q. Ward; H. R. 4691: An act granting an increase of pension to George H. R. 8565. An act granting an increase of pension to Andrew L. Janney; La Forge; H. R. 4717. An act granting an increase of pension to Marshall H. R. 8578. An act granting an increase of pension to Frank U. Gage; lin G. Mattern; . H. H.. 4766. An act granting an increase of pansion to John H. R . 8665. An act granting an increase of pension to Hiram Deardourff; Long; H. R. 4809. An act granting an increase of pension to John W. H. R. 8725. An act granting an increase of pension to Moses Hatfield; B. Davis; H. R. 4888. An act granting an increase of pension to William · H. R. 8823. An act granting an increase of pension to Charles Moore; C. Briant; . H . R. 4946. An act granting an increase of pension to William H. R. 8930. An act granting an increase of pension to Marga H. Lewis; · H. R. 5252. An act' granting an increase of pension to Thomas ret Becker; Howard; H. R. 8942. An ·act granting an increase of pension to Marquis · H. R. 5434. An act granting an increase of pension to Hugh L. Johnson; Green; H. R. 9053. An act granting an increase of pension to John l\f. H. R. 5485. An act granting a pension to Horace D. Mann; Jones; H. R. 5486. An act granting a pension to Marga1•ett Carroll ; H. R. 9087. An act granting an increase of pension to William H. R. 5725. An act granting an increase of pension to John G. Winn; Davis; H. R. 9093. An act _granting an increase of pension to Farrie , H. R. 5726. An act granting an increase of pension to Cate E. M. Allis; Cobb; · H. R. 9126. An act granting an increase of pension to Nathan H. R. 5933. An act granting an increase of pension to Winnie Parish; Pittenger; H. R. 9296. An act granting an increase of pension to Eliza H. R. 6058. An act granting an increase of pension to Emilie beth D. Hoppin; Scheidt; H. R. 9406. An act granting an increase of pension to Francis H. n. 6110. An act granting an increase of pension to Abram W. Preston; W. Davenport; II. R. 9617. An act granting an increase of pension to David A. H. ·R. 6128. An act granting an increase of pension to Thomas Kirk· Patterson; H. R. 9705. An act granting a pension to George W. Robin on ; H. R. 6142. An act granting an increase of pension to David H. R. 9839. An act granting an increase of pension to Jess~ Davis; Siler; H. R. 6147. An act granting a pension to Maud 0. Worth; H. R. 9896. An act granting an increase of pension to William H. R. 6407. An act granting an increase of pension to William McKenzie; Blair; H. R. 9898. An act granting an increase of· pension to Abra H. R. 6465 . .An act granting an increase of pension to Augus ham H. Miller ; tus Joyeux; H. R. 9904. An act granting an increase of pension to Neeta H. R. 6557. An act granting an increase of pension to Charles H. Marquis; H. Jasper; H. R. 9995. An act granting an increase of pension to· Elias H. R. 6775. An act granting an increase of pension to WilHam Johnson; A. Lincoln; H. R. 10019. An act granting an increase of pension to Jona H. R. 6888. An act granting an increase of pension to John W. than Shook; Hannah; H. R. 10230. An act granting an increase of pension to Clark H. R. 6946. An act granting an increase of pension to Elias A. Winans; Claunch; II. R. 10252. An act granting an increase of pension to Joseph II. R. 7144. An act for the relief of Aaron Everly; J. Vincent; H. R. 7225. An act granting an increase of pension to Mary 0. H. R. 10293. An act granting an increase of pension to Sarnh Arnold; F. Galbraith ; H. R. 7331. An act granting an increase of 'pension to Henry H. R. 10300. An act granting an increase of pension to George . Porter; C. Sackett; · 1906 . CONGRESSIONAL RECORD-SENATE. _- 4761
. II. n. 10326. An act granting an• increase of pension to· Ed- . H. R. 12900. An act granting an increase of .pension to James mund Cllapmnn; D. Havens ; . H. R. 103!>6. An act granting an increase of pen ::: i ~ -~ to .John H. It. 13005. A.b. act granting an increase of pension to Robert A. Malone ; R. Wi I son; · H. R. 10404. An act granting an increase of pension to John H. R. 13028. An act granting an increase of pension to Mary E. Moules ; Bennett ; .H. n. 10448. . An act- granting an increase of pension to George H. R. 13034. An act granting an increase of pension to Fred- 1\f. Frr.zer; . erick Hildenbrand; . H. R. 11)450 . .An act granting an increase of pension to Silas H. R. 13038. An act granting an increase of pension to Rebecca H. Ballard; Ramsey ; H. R.· -10490. An act granting an increase of pension to Lucius H. n. 13081. An act. granting an -increase_of pension to Orren A. West; R.Smith; ·••. r ::S. n. 10562. .An act · granting an increase of pension to AI- R. R. 13082. An act granting an increase of pension to Her- phenis M. Beall ; bert Williams ; H. R. 1o594. An act granting an increase of pension to James H. R. 13083. An · act granting an increase of pension to l\for- Martin; dicai B. Barbee; H. R. l0622. An act granting an increase of pension to James H. R. 13136. An act granting an increase_of pension to w·n- H. Ward ; . liam Gaynor ; H. R. 10753 . .An act granting an increase of pension to Jacob ·H. R. 13138. An act granting an increase of pension to Eada Keller ; - Lowry ; rr. R. 10785. An act granting a pension to Thomas J. Cham- H. R.13148. An act granting an increase of pension to 'Vil- bers ; liam Davis ; H. R. l0816. An act granting an increase of pension to August H. R. 13150. An act granting an increase of pension to Cute· F. Bauer; Galbraith; H. R. 10879. An act granting an increase of pension to Thomas H. R. ·13198. An act granting an increase of pension to Josiah E. Myers; F. Allen; H. R. 10900. An act granting an increase of pension to Arthur H. R. 13230. An act granting an increase of pension to Eliza- R. Dreppard: beth Webb; . f . .._ J h N H. R. 13231. In act granting an increase of pension to Gatsey H. R. 10!)07. An act granting an mcrease o pensiOn tO o n . .i\Iattucks ; Boyd; II. R. 13238. An act granting an increase of pension to Wil- H. R. 10923. An act granting an increase of pension to Matilda Iiam Strasburg; _ Rockwell; H. R. 13310. An act granting an inc~:ease of pension to James H. R. 11209. An act granting an increase of pension to Thomas McKee; Griffith; H. R. 13311. An act granting an increase of pension to John H. R. 11214. An act granting a pension to Isaac Baker; Wilkinson; H. R. 11509. An act granting an incre.ase of pension to Jose- H. R. 13341. An act granting an iri.crease of pension to Robert phine Hoornbeck ; Q. Pate; H. R. 11638. An act granting an increase of pension to John N. H. R. 13417. An act granting an increase of pension to John .Vivian ; W. Bookman ; H. R. 11690. An act granting an increase of pension to Lewis H. R. 13502. An act granting an increase of pension to Joim Lowry ; • N. Buchanan ; H. R. 11691. An act granting an increase of pension to John H. R. 13505. An act granting an inqease of pension to :Martha Clark ; . E. Chambers ; H. R. 11873. An act granting an increase of pension to Joseph H. R. 13525. An act granting an increase of pension to l\lartha B. Fonner, alias John Havens; J. Hensley; H. n. 11905. An act granting an increase of pension to Eliza- . II. R. 13527. An act gra~tin~ a pension to Willard v. Shep- beth E. Atkinson; herd; H. R. 11990. An act granting an increase of pension to Daniel H. R. 13584. An act granting an. increase of pension to Alma M. Coffman ; M. Jefferis ; H. n.. 12014. An act granting an increase of pension to Francis II. R. 13587. An act granting an increase of pension to August ·H. Frasier; · · Frahm· H. R. 12393. An act granting an increase of pension to Wil- II. u.' 13597. An act granting an increase of pension to Abram liam Hardy; . J. Bozarth: H. R. 12403. An act granting a pension to Lydia A. Fiedler; H. R. 13610. An act granting an increase of pension to James H. R. 12417. An act granting an increase of pension to Samuel Hann; G. Raymond; H. R. 13627. An act granting an increase of pension to Homer · H. R. 12443. An act granting an increase of pension to Na- F. Herriman, alias George F. Wilson; thaniel Southard; H. R. 13697. An act granting an increase of pension to Wil- . H. R. 12455. An act granting an increase of pension to John Iiam Shoemaker; Jacoby; H. R. 13710. An act granting an increm:;e of pension to Anna H. R. 12540. An act granting an increase of pension to l\forris M. Wilson; J. James ; H. R. 13712. .An act granting an increase of pension to Ca:ro- H. R. 12541. An act granting an increase of pension to Edward line D. Scudder ; V. l\Iiles; H. R. 13761. An ·act granting an increase of pension to John H. R. 12578. An act g-ranting an increase of pension to John Cook; B. Craig; H. R. 13798. An act granting an increase of pension to Alida H. R. 12584. An act granting an increase of pension to Wil- King; liam R. Guion ; H. R. 13826. An act granting an increase of pension to Franlr H. R. 12643. An act granting an increase of pension to Wil- S. Pettingill : liam H . Franklin; H. R. 13872. An act granting an increase of pension to Alvin H . R. 12656. An act granting a pension to Louise Ackley ; ·D. Hopper; H. R. 12760. An act granting an increase of pension to Wil- H. R.13891. An act granting an increase of pension to Hugh liam Ralston; G. Wilson; · II. R. 12795. An act granting an increase of pension to Henry H. R. 13959. An act granting an increase of pension to T?omas Stimon ; B. Mouser ; II. R. 12825. An act granting an increase of pension to Daniel H. R. 13988. An act granting an increase of pension to Mary Bloomer ; . McMahon ; H. R. 12834. An act granting an incerase of pension to Theodor I H. R. 139M. An act granting an increase of pension to Francis Schramm ; A. Barkis ; H. R. 1:2880. An act granting an increase of pension to Lorenzo H. It· 14076. An act :lranting an increase of pension to William D. Mason ; Sanders; H. R. 1:2897. An act granting an increase of pension to Robert H. R. 14077. An act granting an increase of pension to George H. 1\faloue; _Yf. Chesebro ; 4762· CONGRESSIONAL RECORD- -SEl~ATE. APRIL 5,
H. R. 14078. An act granting an increase of pension to Cath REGULATION OF RAILROAD RATES. erine Summers; Mr. ELKINS. Mr. President, I de ire to give notice to fre II. R. 14086. An act granting an increase of pension to Daniel Senate that to-morrow I wish to submit some remarks on the Pence; pending rate-regulation bill, to begin about 2 o'clock. H. R.14089. An act granting an increase of pension to Martin Harter; PETITIONS AND MEMORIALS. H. R. 140D2. An act granting a pension to Frances Coyner; The VICE-PRESIDENT presented sundry petitions of Gre H. R. 14098. An act granting a pension to Mary Winfrey; gorio Aglipay, of Manila, Philippine Islands, and of the presi II. R. 14112. An act granting an increase of pension to Andrew dents and councilors of the di trict of Dinalupijan, province of J. Baker; Batan, Philippine Islands, praying for an inve tigation of the H. R.14113. An act granting an increase of pension to Isaac property conditions in those i lands; which were referred to N. Perry; the Committee on the Philippines. H. R. 14140. An act granting an increas~ of pension· to Jose He also pre ented a memorial of Post 1\f, Tra>elers' Protective phine 1\I. Cage ; Association, of Crawfordsville, Ind., remonstrating again t the ll. R. 14258. An act granting an increase of pension to John pa sage of tile so-called " parcels-post bill ; " which was re S. 1\:Iiles; ferred to· the Committee on Post-Offices and Post-Roads. H. R. 14277. An act granting an increase of pension to George He also presented a petition of the Preachers' Meeting of the S. Scott; Methodist Episcopal Church of New York City, N. Y., praying H. R.14287. An act granting an increase of pension to Martha for the enactment of legislation providing for the closing on Brooks ; Sunday of the Jamestown Exposition; which was referred to H. R.14327. An act granting an increase of pension to Amelia the Select Committee on Indu trial Expositions. Nichols; He also presented the petition of Ella Rawls Reader, pre ident II. R. 14367. An act granting an increase of pension to Lemuel of an American corporation engagep in business in Peru, of O.Gilman; New York City, N. Y., praying that she be granted protection and H. R.14369. An act granting an increase of pension to Sumner justice as an American citizen; which was referred to tile Com P. Wyman; mittee on Foreign Relations. H. R. 14389. An act granting an increase of pension to Amos Mr. PLATT presented a petition of the board of managers of Hart; the Historical Society of Rochester, N. Y., praying that an ap H. R. 14425. An act granting an increase of pension to Robert propriation of $100,000 be made for the restoration of the frigate Henderson Griffin; Constitution~· which was referred to the Committee on Naval H. R. 14426. An act granting an increase of pension to Thomas Affairs. S. Menefee ; He a~so presented sundry petitions of Empire Council, No. 28, · H. R. 14!:138. An act granting an increase of pension to Eliza Junior Order of United American Mechanics, of Greenport, L. Norwood ; · N. Y., praying for the enactment of legislation to restrict immi H. R.14563. An act granting an increase of pension to Edwin gration; which were referred to the Committee on Immigration. L. Higains; Mr. STONE presented a petition of sundry citizens of Ja per, H. R.14639. An act granting an increase of pension to Sarah Mo., praying for the enactment of legislation to increase the J. Merrill; pensions of survivors of the war with Mexico; which was or H. R. 14642. An act granting a pension to James P. Himes; dered to lie on . the table. II. R.14646. An act granting an increase of pension to Am He also presented a petition of sundry citizens of Green brose R. Fisher ; Ridge, Mo., and a petition of sundry citizens of Maryville, H. R. 14653. An act granting an increase of pension to Sophro Mo., praying for the enactment of legislation to remove the duty nia Lofton; on denaturized alcohol; which were referred to the Committee H. R.14655. An act granting an increase of pension to Henry on Finance. Gilham; He also presented petitions of the Culture Club of Chillicothe, H. R. 14669. An act granting an increase of pension to Anna of the Woman's Club of Boonville, and of the Woman's Club of n. Wagner; . Bowling Green, all in the State of Missouri, praying that an ap II. R. 14G94. An act granting an increase of pension to Sam propriation be made for a scientific investigation into the indus uel R. Dummer ; trial conditions of women in the United States; which were H. R. 14748. An act granting an increase of pension to Wil referred to the Committee on Education and L3bor. liam F. Burks ; He also presented a petition of the executive board of the II.~· 14761. An act granting an increase of pension to John Civic Impro>ement League, of St. Loui , Mo., praying for the L. Decker ; enactment of legislation providing for the purchase and main H. R. 14768. An act granting a pension to Orlando W. Frazier; tenance of a public playground in the District of Columbia ; n. R. 14793. An act granting an increase of pension to Wil- which was referred to the Committee on the District of liam W. Howell ; ' Columbia. H. R. 14834. An act granting an increase of pension to Ruth J. He also pre ented a petition of Golden Rule Circle, No. 4, McCann; Daughters of Liberty, of Kansas City, Mo., praying for the en IT. R. 1484:0. An act granting an increase of pension to Na actment of legislation to resb.·ict immigration; whlch was re thaniel H. Rome ; ferred to the Committee on Immigration. H. R.14848. An act granting an increase of pension to Saman He presented a memorial of Local Division No. 326, Amalga tha E. Herald ; mated Association of Street and Electric Railway Employees of H. R.14878. An act granting an increase of pension to Charles America, of St. Joseph, Mo., remonstrating against the repeal of Rattray'; the pre ent Chinese-exclusion law; whlch was referred to the H. R. 14888. An act granting an increase of pension to Eliza Committee on Immigration. A. Bunker; He also presented a memorial of sundry citizens of Marc line, ll. R. 14890. An act granting an increase of pension to James 1\fo., remonstrating against the passage of tile so-called "par H. Posey; cels-post bill;" which was referred to the Committee on Post H. R.14925. An act granting an increase of pension to James Offices and Post-Roads. Grizzle; He also presented memorials of sundry citizens of Carroll H. R.14937. An act granting an increase of pension to William County, Willow Springs, Platte City, Living ton County, Ma S. Nagle; rionville, Belt County, Clinton County, and Pike County; of the H. R. 14988. An act granting ari increase of pension to James Putnam County Supply Company, of Mendota, and of the Kan B. Cox; sas Implement, Vehicle, and Hardware Club, of Kansas City, H. R. 15062. An act granting an increase of pension to Thomas all in the State of Missouri, remonstrating against the enact Sparrow; ment of legislation of con olidate third and fourth class mail H. R. 15199. An act granting an increase of pension to John T. matter; which were referred to the Committee on Post-Offices Cook; and Post-Roads. · H. R. 15249. An act granting an increase of pension to Isaac Mr. GALLINGER presented a petition of the Colonial Club, N. Seal; of Littleton, N. H., praying that an appropriation be made for a H. R. 15276. An act granting an increase of pension to Wesley scientific investigation into the industrial conditions of women Smith; in the United States; which was refeiTed to the Committee on H. R. 15449. An act granting a pension to Rhoda Kennedy ; Education and Labor. H. R. 15870. An act granting a pension to Mary Palmer ; and. He also presented a petition of the Columbia Heights Citi H. R. 15941. An act granting a pension to Lydia A. Keller. zens' Association, of Washington, D. C., praying for the enact- 1906. . CONGRESSIONAL RECORD-SENATE. 4763 ment of legislation to reorganize the fire department of the Dis bies " among live stock ; which was referred to the Committee trict of olumbia; which was referred to the Committee on the on Agriculture and Forestry. District of Columbia. He also presented a petition of the Improved Live Stock and lie als presented a petition of the Columbia Heights Citi Poultry Breeders' Association of South Dakota, praying that an zens' Association, of Washington, D. C., praying for the enact appropriation of $GO,OOO be made for experimental work in what ment of legislation to reorganize the police force of the District has been known as "the semiarid belt" in North and South Da of Columbia; which was referred to the Committee on the Dis kota; which was referred to the Committee on Agriculture and trict of Columbia. Forestry. lie also presented a petition of sundry citizens of Washington, 1\Ir. KITTREDGE presented a petition of the South Dakota D. C., praying for the enactment of legislation providing for the Li\e Stock and Poulh·y Breeders' Association, praying for the acquisition of additional land for the Zoological Park; which removal of the internal-revenue tax on den!lturized alcohol; was referred to the Committee on the District of Columbia. which was referred to the Committee on Finance. He also presented a memorial of the Executive Council of the Mr. PENROSE presented a petition of 300 citizens of Sharon, American Federation of Labor, of Washington, D. C., remon Pa., praying for the enactment of legislation to protect no-license strating against the enactment of legislation to abolish compul places, cities, or States against the original-package liquor sory pilotage on certain vessels engaged in the coast~ise trade; traffic; which was referred to the Committee on the ·Judiciary. which was ordered to lie on the table. He also presented petitions of the Presbyterian Church of l\Ir. CULLOU presented petitions of the Woman's Club of Limestone, Pa., and of the First Presbyterian Church of Marien Ridge Forest, of the \\Toman's Club of Chicago, of the Woman's ville, Pa., praying for the adoption of an amendment to the Club of Home Economics of Chicago, of the Fortnightly Club Constitution to prohibit polygamy; which were referred to the of ~Ionmouth, of the Woman's Club of Springfield, of the Fort Committee on the Judiciary. . nightly Club of Geneva, of the Woman's Club of Pekin, of the He also presented petitions of the Century Club of Pottstown, Woman's Club of 1\Ioline, and of the Woman's Club of Streator, of the Reading Circle of Newcastle, and of 16,000 members of all in the State of Illinois, praying that an appropriation be the State Federation of Women, all in the State of Pennsyl made for a scientific investigation into the industrial conditions \ania, praying that an investigation· be made into the industrial of women in the United States; which were referred to the condition of women in the United States; which were referred Committee on Education and Labor. to the Committee on Education and Labor. He also presented a petition of the Retail Grocers and Seed lie also presented a petition of 300 citizens of Sharon, Pa., Merchants' Association of Belle\ille, Ill., praying for the enact praying for the enactment of legislation to prohibit the sale of ment of legislation providing for the distribution only of new intoxicating liquors in Oklahoma and Indian Territory when ad and valuable varieties of seeds and plants ; which was referred mitted to statehood; which was ordered to lie on the table. to the Committee on Agriculture and Forestry. He also presen~ed a petition of the Woman's Christian Tem He also pre. ented a petition of the Woodlawn Woman's Club, perance Union of Conneautville, Pa., praying for the enactment of Chicago, Ill., praying for the enactment of legislation provid of legislation to prohibit the sale of intoxicating liquors in the ing for the establishment of a clliluren's bureau in the Depart Indian Territory when admitted to statehood; which was or ment of Commerce and Labor; which was referred to the Com dered to lie on the table. mittee on Education and Labor. He also presented a petition of George G. Meade Post, No. 1, He also presented a petition of Local Division No. 260, Grand Army of the Republic, of Philadelphia, Pa., and a petition Amal'"'amated Association of Street and Electric Railway Em of Naval Post, No. 400, Grand Army of the Republic, of PWla ployees of America, of Chicago, Ill., praying for the enactment delphia, Pa., praying for the enactment of legisl!ltion for the of legislation providing for the modification of the present relief of acting volunteer officers of the United States Navy who Clline ~ e-exclusion law; which was referred to the Committee on served in the civil war; which was referred to the Committee Immigration. · on Naval Affairs. :Mr. DRYDEN presented a petition of Pride of Trenton Coun lie also presented a memorial of the First United Evangelical cil, No. 4, Daughters of Liberty, of Trenton, N. J., and a peti Church of .Milton, Pa., remonsh·ating against the enactment tion of Pride of Elberon Council, No. 50, Daughters of Liberty, of legislation extending the time for the interstate transporta of Oakhurst, N. J., praying for an investigation into the indus tion of cattle; which was referred to the Committee on Inter trial condition of tlle women of the country; which were re state Commerce. ferred to the Committee on Education and Labor. IIe also presented a memorial of George A. McCall Post, No. He also presented a memorial of the executi\e colincil of the 31, Grand Army of the Republic, of West Chester, ·Pa., l.'f" American Federation of Labor, remonstrating against the ena<.:t rnonstrating against the enactment of legislation to reduce ti1e ment d legislation to abolish compulsory pilotage on sailing ves salaries of those employed in the Government service over 65 sels of the coastwise trade; which was ordered to lie on the years of age unless amended so as to except sold.iers, sailors, table. and marines of the civil war; which was referred to the Com He also presented petitions of sundry citizens of Hoboken, mittee on Appropriations. Jersey City, l\Iercerville, Town of Union, Long Branch, Somer- . He also presented petitions of Champion Council, No. 8, ville, Paterson, Orange, West Orange, Union Hills, Newark, Daughters of Liberty, of Philadelphia; of Washington Camp, Bayonne, Hopewell, l!'reehold, South Amboy, and Hope, all in No. 693, Patriotic Order Sons of America, of Van Dyke; of Irwin tlle State of New J ersey, praying for the enactment of legisla Council, No. 44, Junior Order United American 1\fechanics, of tion to restrict .immigration; which were referred to the Com Irwin; of Pittston Council, No. 43, Daughters of Liberty, of mittee on Immigration. Pittston, and Lydia Darrah Council, No. 110, Daughters of Mr. GA.:\IBLE presented a petition of the Improved Live Liberty, of l\Ianayunk, all in the State of Pennsylvania, praying Stock and Poultry Breeders' Association, of South Dakota, pray for the enactment of legislation to restrict immigration; which ing for the enactment of legislation to remove the duty on de were referred to the Committee on Immigration. naturized alcohol ; which was referred to the Committee on He also presented a memorial of the International Brother~ Finance. hood of Teamsters of Shamokin, Pa., remonstrating against He also presented a petitiOI;l of the Improved Li\e Stock and the repeal of the present Chinese-exclusion law; which was re Poultry Breeders' Association, of South Dakota, praying for the ferred to the Committee on Immigration. ratification of international reciprocity treaties affecting meat He also presented a petition of the Board of Trade of Scran and meat products; which was referred to the Committee on ton, Pa., praying for the enactment of legislation to provide Finance. for the classification of the salaries of clerks employed in post He also pre ented a memorial of the executive council of the offices of the first and second class; which was referred to the American Federation of Labor, of Washington, D. C., remon Committee on Post-Offices and Post-noads. strating against the enactment of legislation to abolish compul He also presented a petition of the National Wholesale Lum sory pilotage of sailing vessels engaged in the coastwise trade; ber Dealers' Association of New York City, N. Y., praying for which was ordered to lie on the table. the enactment of legislation to repeal pilotage discriminations He also presented a petition of the Tuesday Club of Blunt, against sailing vessels in the coasting trade; which was or S. Dak., praying that an appropriation be made for a scientific dered to lie on the table. in\estigation into the industrial condition of women in the United States; which was referred to the Committee on Educa REPORTS OF COMMITTEES. tion and Labor. l\Ir. GEARIN, from the Committee on Claims, to whom was lie also-presented a resolution adopted by the Improved Live referred the bill ( S. 2578) for the relief of Alice 1\I. Stafford, Stock and Poultry Breeders' Association of South Dakota, ex administratrix of the estate of Capt. Stephen R. Stafford, re tending thanks to Congress and the Bureau of Animal Industry ported it without amendment, and submitted a report thereon. for their endeavors to stamp out the disease known as "sea- 1\fr. FOSTER, from the Committee on Commer'.!e, to whom 4764 CONGRESSIONAL RECORD-SENATE. APRIL 5,
was referred the bill ( S. 5352) for the relief of William H. :and care of the Indians and Eskimos of Ala ka ; whicll wa-s Osenburg, reported it without amendment, a.nd submitted a re :read twice by its title, and referred to the Committee on Terri port thereon. tories. Mr. McCUMBER, from the Committee on Pensions, to whom l\Ir. KELSON introduced ·a bill (S. 5539) granting an increase wer-e referred the following bills, reported them severally with -of 'Pension to Hermann Muehlberg; which was read twice by out amendment, and submitted reports thereon: tits title, and referred to the Committee on Pensions. · A bill (H. R. ~888) granting a pension to Abigail Townsend; Ur. HALE introduced a bill (S. 5540) for the relief of Albert and C. Currier; which was read twice by its title, and referred to the A bill (II. n. 523) granting an increase of pension to Franklin Committee on Military .Affairs. G. Hawkins. . Mr. PEJ\""ROSE introduced the following bill ; which were l\Ir. PERKINS, from the Committee on Commerce, to whom severaJly read twice by their titles, and referred to the Commit was referred the bill ( S. 552G) authorizing the establishment of tee on Pensions : a light ve el off Orford Reef, 5 miles north of Cape Blanco, A bill (S. 5541) granting a pension to Ernest W. Hilliard Oregon, reported it with amendments, and submitted a report (with an nccompanyino- paper) ; thereon. A bill (S. 5542) granting an increase of pension to Elizabeth Mr. PILES, from the Committee on Commerce, to whom w:1s S. Reess; referred the bill (S. 5372) to preyent dangers to navigation fJ:om A bill ( S. 5543) granting an increase of pension to William rafts of logs or timbers on coast waters of the United States, A. HumTich (with accompanying papers) ; reported it without amendment, and submitted a report thereon. A bill (S. 5544) granting an increase of pen ion to John N. l\.Ir. HEYBURN, from the Committee on Public Buildings antl Boyee; Grounds, to whom was referred the bill (S. 4427) to increase A bill ( S. ti545) granting an increase of pension to 1\fargaret the limit of cost of the public building at Reno, Nev., reported B1·ennon · it without amendment, and submitted a report thereon. A bill ~(S . 5546) granting an increase of pension to James A. Mr. FLINT, from the Committee on the Geological Suryey, to McVicker; whom was referred the letter from the Secretary of the Interjor A bill ( S. 5547) granting an increase of pension to Hillary transmitting a communication from the United States Geological Beyer (with an accompanying paper) ; Survey, requesting the approval of the accompanying recommen A bill ( S. 5548) granting an increase of pen ion to Anthony dation to Congre s, in regard to the credit of moneys receiyed McNally; . from the gale of map , etc., to the appropriati-on for engraving A bill (S. 5549) granting an increase of pension to James H. and printing for the United States Geological Survey, reported Wilson; and favorably thereon, with a recommendation that it be refened to A bill (S. 5550) granting a pension to Emma C. Preston (with the Committee on Appropriations; whicll was agreed to. an accompanying paper). LIGHT AND FOG SIGNAL IN NEW YORK BAY. Mr. PIDNROSE introduced a bill ( S. 5551) :for the relief of l\fr. HOPKINS. I am directed by the Committee on Com Paul G. Morgan; which was read twice by it title, and, with merce, to whom was referred the bill (S. 5438} to establish a the accompanying papers, referred to the Committee on Naval light and fog signal in New York Bay at the entrance of the Affairs. Mr. PETTUS introduced a bill (S. 5552) for the relief of dredged channel at Greenville, N. J.~ to report it favorably without amendment, and I submit a report thereon. As it is John Stewart; which was read twice by its title, and referred a matter of urgency, I ask for the present consideration of the to the Committee on Claims. bill. Mr. BACON introduced a bill (S. 5553) granting a pension There being no objection, .the bill was considered as in Com to Josephine Virginia Sparks; which was read twice by its mittee of the Whole. It proposes to establish a light and fog title, and referred to the Committee on Pensions. signal in New York Bay at the entrance to the dredged chan AMENDMENTS TO .APPROPRIATION BILLS. nel at Greenville, city of Bayonne, Hudson County, N. J., at Mr. HEYBURN submitted an amendment proposing to ap a cost not to exceed $75,000. propriate $2,000 for the salary of a chief clerk -of the Bureau The bill was reported to the Senate without amendment, or of Manufactures, Department of Commerce and Labor, and dered to be engrossed for a third reading, read the third time, also to provide for additional clerks for that Bureau, intended and passed. to be proposed by him to the legislative, executive, and judicial LITTLE RIVER BRIDGE IN ARKA.NSAS. appropriation bill ; which was referred to the Committee on Mr. PILES. I am directed by the Committee on Commerce, Manufactures, and ordered to be printed. to whom was referred the bill (S. 5521) to authorize the 'I'y Mr. FLINT submitted an amendment proposing to fix the ronza Central Railroad Company to construct a bridge across compensation of the United States district attorney for the Little River, in the State of Arkansas, to report it fayorably southern district of California at $4,500 , per annum, intended without amendment, and I submit a report thereon. On behalf to be proposed by him to the sundry civil appropriation bill ; of the Senator from' Kansas [1\.Ir. LoNG], I ask for the present which was referred to the Committee on Appropriations, and consideration of the bill. ordered to be printed. There being no objection, the bill was considered as in Com He also submitted an amendment proposing to fix the com mittee of tl:le Whole. pensation of the United States marshal for the southern dis The bill was reported to the Senate without amendment, or trict of California at $4,000 per annum, intended to be proposed dered to be engrossed for a third reading, read the third time, by him to the sundry civil appropriation bill; which was re ferred to the Committee on Appropriations, and ordered to be and passed. printed. RILLS INTRODUCED. l\lr. GALLINGER submitted an amendment proposing to ap Mr. BEVERIDGE introduced a bill (S. 5532) granting an in propriate $10,500 for grading Upton street east of Connecticut crease of pension to· Simon A. Snyder ; which was read twice uy avenue, District of Columbia, intended to be proposed by him Its title, and, with the accompanying papers, referred to th~ Com to the Dish·ict of Columbia appropriation bill; which was I'e mittee on Pensions. ferred to the Committee on the District of Columbia, antl or Mr. PLATT introduced a bill (S. 5533) to appoint an addi dered to be printed. tional judge for the southern district of New York; which was He also submitted an amendment proposing to appropriate read twice by its title, and referred to the Committee on the $5,000 for the erection of tablets to mark historical places in Judiciary. the District of Columbia, intended to be proposed by him to Mr. McLAURIN introduced a bill (S. 5534) for the relief of the District of Columbia appropriation bill; which was ref rred the e tate of John F. Bryan, deceased; which was read twice by to the Committee on the District of Columbia, and ordered to its title, and referred to the Committee on Claims. be printed. He al o introduced a bill (S. 5535) for the relief of estate Mr. KITTREDGE submitted an amendment authorizing the of Reuben Millsaps; which was read twice by its title, and re issuance of fee simple patents to Charles Henry Bonrun and ferred to the Committee on Claims. Mercy Conger, Yankton Indian allottees, for lands heretofore _Mr. PERKINS introduced a bill (S. 553G) granting a pension alloted to them, intended to be proposed by him to the Indian to William 0. Clark ; which was read twice by its title, and appropriation bill ; which was referred to the Committee on referred to the Committee on Pensions. Indian Affairs, and ordered to be printed. 1\Jr. KELSO r introduced a bill (S. 5537) authorizing the Sec Mr. NELSON submitted an amendment providing for the retary of the Interior to allot homesteads to the natives of establishment of a roll in the United States Army to be known Alaska ; which was read twice by its title, and referred to the as the "Volunteer retired li t," intended to be proposed by him Committee on Public Lands. to the Army appropriation bill ; which was referred to the Com He also introduced a bill (S. 5538) relatin~ to the education mittee on 1\filitary Affairs, and ordered to be printed.
I 1906. CONGRESSIONAL RECORD=SENATEo.
.Mr. CARTER submitted an amendment proposing to fix the The VICE-PRESIDENT. The question is on agreeing to the compensation of the attorney in charge of pardons, Department resolution. of Justice, at $3,000 per annum,. intended to be proposed by him 'l'he resolution was agreed to. to the legislative appropriation bi:ll ; which was referred to the PRESIDENTIAL APPROVALS. Committee on .Appropriations, and ordered to be printed. .A message from the President of the United States, by 1\Ir. REGULATION OF IMMIGRATION. B. F. BARNES, one of his secretaries, announced that the Presi 1\Ir. IIEYBURN submitted an amendment intended to be pro dent had approved and signed the following acts : posed by him to the bill ( S. 4403) to amend an act entitled ".An On 1\Iarch 30 : act to regulate the immigration of aliens in the United States," S. 4198 . .An act granting permission to Prof. Simon Newcomb, appro\e
solidation of State roads with roads organized under the laws pointed out through national incorporation by which capitaliza of other States. Some of the e laws simply permit consolida tion can be restrained (and under the existing system of State tion with corporations created under State laws. Others also corporations overcapitalization is not restrained) I submit that permit consolidation with corporations created under United as a choice between two foreign corporations, one the corpora States laws. tion organized under the laws of a sister State in whose legis As to the l>onds, the process is easy. Each railway system lation they have no share, and the other organized under the would organize a national corporation under the national law laws of the United States in whose legislation they all share, and would transfer all its property to 8uch corporation subject they will seek the shelter of the latter. to the existing bonded indebtedness. As the existing bonds TAXATION BY STATES. matured they would be retired by an issue of the bonds of the The Senator also objects upon the ground that this system new company, and thus in the end the bonds of the new national involves the surrender of the power of taxation by the States. corporation would be substituted for the bonds of the constitu- Mr. President, it is not essential to th.is plan of national incor . ent State corpora-tions. As to the stock, the process would be poration that we should include in it a scheme of taxation of no more difficult than that frequently gone through with in railroads. It is not at all essential. It is desirable, but it existing consolidations of State corporations. The stock of the may be left out if it is the judgment of the Senate and the old companies would be surrendered and the stock of the new House that it should be. company substituted. Of course, the stock issue of the new com I point out its desirability simply because of the great powers pany must be subject to the approval of some tribunal, such as of discretion now given to local assessing and taxing bodie3, the Interstate Commerce Commission, in order to avoid over powers of discretion which involve the assessment of these capitalization. But I take it that a fair method of valuation of properties at from $10,000 a mile-the mere cost of their rails the stock of the existing road could be secured. Individually I and the right of way-up to $75,000 and $100,000 a mile, in should fa'Vor a 'Very liberal adjustment: I should recognize the cluding their franchises and valuations based upon the market market value of existing stocks, whether watered or not '.rhe value of their stock and bonds. watering of stock in the past has bad many causes, among them The scheme of taxation also involves the possibility of double the difficulty of promoting such enterprises without giving in ta...~ation, for the bonds and stocks in the hands of individual yestors some speculati'Ve chance. The railroads have been holders may also under existing conditions be assessed and obliged to work out their own salvation, unaided by wise laws, taxed. and while possibly some of these exaggerated stock issues have It is this very uncertainty that keeps these railroads in been the creation simply of stock speculators many of them have politics. They are obliged to be in politics, because they have been necessitated by financial exigencies. At all events, the a property value of $10,000,000,000 subject to the discretion of stocks are now in the hands of the investing public and have these various taxing bodies, subject to the passion and the largely gone out of the hands of those who originally issued caprice of different localities, and subject to the legislation of them. If we can only guard the stock and bond issues of the reformers and cranks and blackmailers. Can we expect them future and prevent overcapitalization-all of which is provi We must have a valuation. First, I prefer to see a valuation Mr. NEWLA!'."DS. Certainly. represented in the stocks and bonds fairly and not in an exag Mr. FULTON. Suppose Congress should enact a law provid gerated form, and so I urge national incorporation as a means ing that no corporation created pursuant to an act of Congress, to that end. incorporated by virtue of a national incorporation act or law But at all events it seems t o me that the Congress of the of Congress, should be permitted to realize over 4 or 5 or 6 per United States in parting with its legislative discretion on this cent, would that be a guaranty that they should realize tllat subject and turning over the regulation of rates to the Inter amount? state Commerce Commission is bound to fix a rule by which Mr. HEYBURN. Not unless it was coupled with the other that Commission shall proceed; it is bound to provide for valu suggestion that I understood the Senator from Nevada [.Mr. ation, and it is bound to provide for a fixed return in the shape NEWLANDS] to make, that we were authorized to say what of interest upon that valuation. Then it will leave to the should constitute a fair and reasonable return, and that having Commission only the mathematical process of working out determined that the corporation was entitled to earn it, of the calculation and distributing the burdens of transportation course it naturally follows that it would be entitled to adjust within the rule established by Congress upon all the various its tariff rates in such a way as to produce a result of that indu tries and commerce of the country. · kind, taking the two propositions together. 1\Ir. HEYBURN. I should like to ask the Senator a question. Mr. NEWLANDS. In reference to that I would say, of 'l'be VICE-PRESIDENT. Does the Senator froni Nevada course a corporation has a right to adjust its rates so as to yield to the Senator from Idaho? produce .the return fL~ed by Congress, and the Interstate Com 1\fr. NEWLANDS. Certainly. merce Commission, in exercising its supervisory power over Mr. HEYBURN. Do I understand the Senator to say that rates, would be compelled to have in view the return fixed by we are bound to fix a rate of return upon the valuation in fixing Congress; and it is only fair that the corporation should hav.e rates? · that return, if it is possible for the corporation to get it out of Mr. NEWLANDS. Yes; we ought as a matter of duty to do its business. so. What I meant to say was that we are now turniJ;lg over to . Mr. HEYBURN. If I do not annoy the Senator by an in-. the Interstate Commerce Commission the power to fix just and terruption, I should like to inquire if there is any other depart reasonable rates; that that is all the power that Congress bas. ment of the business world where the Government undertak.es It could not give to the Commission the power to fix unjust and to insure to the investor any return whatever? Why not as unrea onable rates. Under the limitations of the Constitution well the manufacturer demand the same rights as the trans all tllat Congress can do is to fix just and reasonable rates, and portation company? What difference is there in the relation when we turn over that power to the Commission we turn over wllich tlley bear to the economic system of our Government? all the power we have. 1\Ir. NEWLANDS. The shortest answer to that is that the Mr. HEYBURN. Right there I should like to ask the Senator Government does not insure. The Senator might as well insist a que tion. wllen we pass usury laws in the States of the Union providing Mr. !\T])WLANDS. If the Senator will permit me further, I that the lawful rate of interest shall not exceed, say, 6 per cent, think in order to fix the constitutionality of this legislation that we guarantee every investor that he will receive 6 per cent beyond a doubt we ought in this very act to fix the rule, the upon his money. This limitation of return is no new thing in standard, by which this Commission should act legi lation. The United States Government has done it in pre-. Mr. HEYBURN. The measure? viou legislation. \Yhen Congress incorporated the Union Pa Mr. NEWLAl~DS . The measure. cific Railroad-or the Texas Pacifie-r forget which-it provided Mr. HEYBURN. The measure of what constitutes a just and that the rates shoultl not yield a return of more than 10 per fair return? cent upon the investment Mr. NEWLANDS. Yes. Ten per cent was tllen the going rate of interest, just as 4 or Mr. HEYBURN. Would the Senator think we could go so far 5 per cent is the going rate of interest now. The Government as to say it should not be more· than a certain per cent upon gave that corporation the power to fix rates that would yield the value? · it 10 per cent, and provided that the regulating power of Con 1\Ir. NEWLANDS. I do. Not more and not less, than a cer gress should be only applied in case the return exceeded 10 tain per cent. per cent. That is a case in the history of our legislation where l\Ir. HEYBURN. Then I will renew the question I submitted the return was absolutely fixed by the act of Congress. the other day. Would that not be for the Government tQ guar In the State of Massachusetts I under"tand the returns to antee a given income upon the invesbnent of any transportation all tlle electric railroad companies are fL~ed by law. No cor-· company? poration of that character there can declare any dividend of l\Ir. )IEWLANDS. Not at all. over 6 per cent. All profits over that amount are divided, one Mr. HEYBURN. If we say that they shall be entitled to earn half going to the State and the other half going to the cgrpo.: 6 per cent, does that not give them the right to charge such tolls ration. as will result in producing 6 per cent on their investment? The result is that none of these companies ever return more Mr. NEWLANDS. Of course it does and it ought, if that is than 6 per cent They keep down their rates. They expend the return fixed by Congress as a reasonable return. their income in new investments, in extensions of their lines, Mr. HEYBURN. Would it not result. then, in this, that the and in the betterment of their roads. Government, by legislation as directly as the Government can I repeat, this is not at all a new thing in legislation. I call act, guarantees a given fixed rate of income upon the investment the attention of Senators to one thing, which is that the Su repre ented by the stock and bonds of every transportation com preme Court has said that fixing rates is not to be a matter pany in the land? Does it not amount to that? of guesswork ;· that the railroads are entitled to a fair return Mr. NEWLANDS. Not a legal guaranty, Mr. President. It upon a fair valuation. If that is so, it seems to me that it is simply involves nonreduction by the Commission of the rates of the duty of Congress to provide for the valuation. It is an a corporation as long as they produce only the return fixed by essential. The railway commissioners of all the States have law.. · been in session recently in Washington, and you will find in l\Ir. HEYBURN. If we say that a reasonable rate shall be the morning's paper that they have adopted a resolution call fixed and that 6 per cent shall constitute a reasonable rate of re ing upon Congress to provide for the valuation of railroads, turn to the company, why is not that true? And if it is true, do their appurtenances, and their equipment in every State of the we want to do that? Union. That is to be done not by the local commissions, but by Mr. NEWLANDS. I will say, in reply to that, that the fixing the national commission. of a limit or percentage which these railroads shall receive upon These men, experienced in the business of regulating railroads, a valuation fairly ascertained is not a guaranty of that per know how adrift they are under present conditions; they know centage, and it never has been so regarded in the legislation of that they can not regard simply the capitalization of these this country. roads. In some cases such roads are undercapitalized, and in Mr. HEYBURN. Is that an authorization? I should like to many other cases they are overcapitalized. Nor can they · substitute the word "authorization" to the company to fix its always take into consideration the market value of the securi tolls so that they would insure a return of that percentage. ties in determining the value of their property, because these :Mr. FULTON. Mr. President- - securities are up and down. I read some quotations yesterday The VICE-PRESIDENT. Does the Senator from Nevada to show that the stock of certain roads had increased in value yield to the Senator from Oregon? from 300 to 600 per cent in ten years. So this association of Mr. NEWLANDS. Certainly. State railway commissioners has asked Congress to provide for 1\fr. FULTON. I should like to ask the Senator from Idaho the valuation of these properties, and it seems to me their recom [1\Ir. HEYBURN], a question, with the permission of the Senator mendation is entitled to some consideration here. from Nevada [Mr. NEWLANDS] . What valuation would a national corporation act provide for? 4768 CONGRESSION-4.~ R~O.OJl.Q-SENAT~ ._ APRIL 5, ~ It would provide for an initial \aluation at the \ery time when of legislation upon the subject of interstate commerce he will tile company was organized. When the company was organized find that Congress ·has not very often awakened from' a condi and presented its scheme of consolidation to the-Interstate Com tion of apathy and inertia and indifference upon the ub merce Commission, it then would have to state to that Com ject. Interstate commerce was given over without let or mission the amount of bonds and stocks that \Yere to be issued. hindrance to the railroads of the country until 1887. Then it The Commission then would make an inquiry as to the yalue was only after a very severe struggle, in which the Senator of the property, in order to determine upon the amount of its from Illinois [l\rr. CULLOM) took so prominent a part, that the capitalization, either approving the amount submitted or re people were successful in securing the passage of legislation ducing it if the circumstances warranted it, and that corpora that brought them ·only some degree of regulation and control. , tion would tilen be allowed to issue only the amount of stocks J.Ur. HEYBURN. Yes; but I will sugge t, if I may, that it and bonds o approved. From that time on we should ha\e a took eight years to reacil any conclusion on the question of permanent valuation of the property of that corporation. To interstate commerce: . . ·. . that may be added from year to year the amount expended in I remember-that is, if my memory serves me correctly, and 1 improvements and betterments, less the depreciation that takes think it does...:_hearing a Member of the House of Represent;l place. Tilus throughout the years we should Ilave a constant tiYes·· froin · Texas at that time, 1\fr. Reagan, introduce thB valuation of the e properties accomplished by the aid of tile original interstate commerce bill in that body. I li tened to its legislation wilich I sugge t, and the value would be represented discussion through several winters from tile gallery, looking in the capital, in the stocks, and bonds. · down upon it, and I followed it through the public press tbrou~b This sv tern would make ·these railroad securities the be t all the years while it dragged along; and it took, .I believe, securities in the country, and railway bonds could be negotiaterl about eight or nine years to arriYe at any conclu ion whatevf'r at 3 per cent under such a system. As to the stocks, instead of on the subject. Then, after an interval of about that many being variable, as they are- now, they would be fixed and cer more years, Congre s attempted to resume tile consideration of tain in -value and go into the hands of the ·investing public, in it. So, I repeat that I have no fear of such a ha. ty determina stead of being controlled and manipulated,. as tiley are now, by tion of the conclusion of this question in this body as to make the stock speculators. it dangerous to postpone the introduction of amendment . . Mr. HEYBURN. Mr. President-- :Mr. NEWLANDS. Of course, if the Senator thinks that ten The VICE-PRESIDENT. Does the Senator from Nevada or twelve years is a mere trifle· in the consideration ·of the ques yield to the Senator from Idaho? tion of this reform, my appeal to him will have no weight; but, Mr. NEWLANDS.- Certainly. I repeat, if the -Senator will review the history of legislation Mr. HEYBURN. If the Senator will permit me, before leav upon this subject, he will find that it bas been very difficult to ing that subject I will ask may not this investigation and sift wake Congress from indifference and apathy. It was not until ing down of the values of corpor_ate property for the purpose of 1887, after eight y~ars of agitation, that the meager bill wilicil arriving at a basis upon which to estimate what would consti was passed upon this subject found a place in the tatute book. tute a fair return be as well accomplished without the national Years and years were involved in the discussion of rebates :md incorporation feature suggested by the Senator? preferences, but it was not until the great trunk lines of the Mr. NEWLANDS. As I suggested in my remarks yesterday, country, headed by the Pennsylvania Railroad ompany tilree if we do not conclude to provide for national incorporation in years ago, came to the conclusion that it would l>e an advisable this bill we should at least provide for a valuation of these thing to have legislation upon the subject that legi lation was 1~ailroads engaged in interstate commerce. enacted. Mr. HEYBURN. I will say to the Se!lator that I am in Since then Congress has rested upon its oa1~s, and Congress will hearty accord with him in regard to ·that matter. I have en probably rest for five or ten years more upon its oars after tilis deavored to cover it by a bill already introduced and before the bill is enacted. I warn every friend of reform upon this ques-· committee, providing for just as stringent an investigation as tion, every man who views with appreben ion the growing is suggested by the Senator, to be bad not through the means power of these railroads, who views with apprehension their of national incorporation, but allowing the corporations to exist increasing capitalization, who views with apprehension tli ir under the statutes as we find them, and doing it :hrougb a activity in politics-! warn them that if they wi h legi lation board of interstate-commerce commissioners, :md arriving at looking to reform upon this subject put upon the statute book this information annually, for the purpose of having a· correct now is the time and this bill is the place. basis of value upon which to estimate what would constitute a POLICE POWERS OF THE STATES. fair return. Mr. President, I wish to state that my .suggestion involves I do not believe that the Senator will meet with any oppo no interference with the police powers of the various State . sition in this body or elsewhere if be confine his amendment to This idea of national incorporation fully compreilends tile fact that proposition. by providing a method of determining real that there are two sovereigns that are dealing witil tile que .~ tion valu~s. because it is essential that we should have a method of of commerce--the great national sovereign and the le. ser State determining them. It is obvious, I think, to every Senator that sovereign, each supreme within the limits of its juri diction ; before you can determine what would constitute a fair and just the National Government, absolutely supreme upon every inch return you must know upon what that return is to be based. of American soil, regardless of State lines, within tile powers OPPORTUNITY FOR AMENDMENT. granted to it by tile Con titution, and the .States, ab olutely Mr. NEWLANDS. I am very glad to know that the Senator supreme in all tile powers relating to sovereignty out ide of tile from Idaho has introduced such a bill ; but let me make ,a sug powers granted to the natien. Here we have machines called ge tion to tile Senator from Idaho, and that is that be put his "railroad corporations" running railroads on American oil bill in the shape of an amendment to this bill, for experience through American States, used for State commerce and for silows that legislation upon the subject of interstate commerce national commerce--State commerce under the control of the is very rare and infrequent. We have now reached a crucial States, and national commerce under the control of the United point in that legislation; we have a bill before us to which States. any amendment in the line of reform can be attached, and I It is simply a question of judgment between us as to whether suggest to the Senator that be frame an amendment to this bill, we shall leave such machines to be created by the State sover for otherwise I should very much fear that the valuation which eignty under its powers as to State commerce or whetiler we he ca1l for will be indefinitely postponed. shall permit them to be created by the national sovereignty l\Ir. HEYBURN. l\Ir. President, I would say, in reply to that under its powers as to interstate commerce. These railroads suggestion of the Senator, that it has not occurred to me that have grown f],'om mere local systems into great national sys we have reached a point in the consideration of this bill where tems. I believe it will be a proper tiling for the great national it is necessary to formulate every suggestion that may occur sovereignty to create the charters for the e railroads. I do to the minds of Senators in the shape of amendments. I think not propose to force them into a national incorporation. I hope we are from day to day gathering new light upon the scope and it will be so just and so fair, and relieve them of so many com effect of this legislation. I have in my desk, with a view to plications, political and otherwise, that they will gladly seek the considering the propriety of introducing it as an amendment, a shelter of national incorporation. At the same time, I do not provision along the line suggested in the remarks that I have propose to interfere with the police or taxing powers of the made; but I do not feel that the time is ripe yet or that the States, except so far as is necessary to establish a uniform rule neces ity has arisen for introducing it. I am not at all appre of taxation, which will operate to the advantage of every State hensive that a vote will be reached upon this bill .with such in the Union. unexpected haste as to make it dangerous to defer the consid l\Ir. SPOONER. 1\Ir. President-- eration of these measures until we are quite sure that our minds The VICE-PRESIDENT. Does the Senator from Nevada are clear as to exactly what we want to do. ·yield to the Senator from Wisconsin? Mr. NEWLANDS. If the Senator will review the history 1\Ir. NEWLANDS. Certainly. (906. CONGR.ESSIONAL RECORD- SENATE. 4769 1\lr. SPOONER. If the Senator's theory of Federal incorpo- As to the power of taxation, I admit that it is an open ration were adopted, and every railroad corporation in the question, not yet fully determined by the courts; but I submit United States engaged in interstate commerce and also in State that all the de'cisions indicate clearly that if the United commerce were a Federal corporation, does the Senator contend States incorporates a railroad as a national insh·umentality that that would oust the regulatory power of the State? · and declares it exempt from State taxation, the court will l\1r. NEWLANDS. Not at all. enforce the exemption. There is a case in which the question 1\fr. SPOONER. Then what would be gained? Although of the exemption from State taxation of a railroad organized railroads are State corporations, so far as interstate commerce under a national charter has been considered, and that is the i~ concerned Congress now has the power to control them. case of Railroad Company v. Peniston (18 Wall., 5), where The States can not control them. The States control intrastate the Union Pacific Company, a national corporation, operating commerce. How would that change the situation essentially? under a national charter, but without any exemption asserted Mr. NEWLANDS. I will say that when I said "not at all" in the statute from its liability to State taxation, claimed that I meant that the bill which I have submitted does not affect because it was a national corporation and a national instru the regulatory power of the States over intrastate commerce. mentality its property was by implication exempt. There were As to whether a law could be· so framed as to affect that, I will eight judges who sat in that case. Three of the judges de not di scuss at present. I have been inclined to think that if clared that without any express exemption in the statute the the National Government should create a national corporation entire property of the railroad company as a national insh·u _for interstate commerce it might possibly be regarded that any mentality was exempt from State taxation. As to the other attempt by the State to regulate the State commerce carried five judges, four declared that the exemption would apply only upon that road would be regarded as burtbening a national to the powers and operations of the national instrumentality in trumentality and as such involving possibl¥ the power to and not to· the property used by the agent in charge of it. But destroy it. The courts might possibly uphold a provision in a the three judges who held the other way declared that the national law which forbade the State to regulate State com- railroad itself was the instrumentality for carrying out the merre on a national railroad. power, and that therefore it was exempt. The fifth judge was Mr. SPOONER. The question, Mr. President, which the Sen- between the two. He held that such property could be exempted ator makes as to the power to destroy would obviously arise by Congress from taxation, but that it was clearly the inten only as to the exercise by the State of its power of taxation, tion of the statute not to exempt it. So he held in that case but-- that the property was subject to taxation. If the statute in that .Mr. NEWLANDS. The decisions thus far relate entirely to case had expressly declared that the railroad property should taxation. be exempt from State taxation, the court would have stood Mr. SPOONER. Yes; to taxation; but it is undeniable that four to four upon that proposition. In the decisions since that to-day Congress has the power to create Federal corporations time the Supreme Court bas expressly reserved that question for conducting interstate commerce. In the Senator's idea, as an open question for the future. _which is a very large and far-reaching one, there is much of 1\Ir. TELLER. Mr. President-- merit; but my question really goes to this, whether, without an The VICE-PRESIDENT. Does the Senator from Nevada amendment of the Constitution, what the. Senator has in mind yield to the Senator from Colorado? could be effectively, in any large degree, carried into operation. l\Ir. NEWLANDS. Certainly. It is utterly impossible, I take it, under the existing Constitu- Mr. ~'ELLER. I would ask the Senator if be thinks there is tion, for Congress to create a railroad corporation to engage no distinction between that case and a case where the Govern in interstate commerce, which it may do, which could oust the ment chartered a road rUILDing through a State or attempted to States of their regulatory power of purely intrastate commerce. do so? The line to which the Senator has referred, as be must So that we would still have what the Senator deplores, Fed- know, was chartered to run through the Territories of the eral regulation of interstate commerce and the State regulation United States and not through the States. It commenced in a of purely domestic or State commerce. That would .· be far Territory, ended in a Territory, and ran only through Territo- _away from what the Senator wants to accomplish. ries. Then, as to the power of taxation, is the Senator certain at .Mr. NEWLANDS. That is true, Mr. President. There was all that the States in taxing private property-for a railroad only one of the Pacific railroads, I believe, which ran from a chartered by the Federal Go ernment would be private property 1 point in one State to a point in another, and that was the within the boundaries of a State-can be made to enforce a Texas Pacific Railroad. But the court does not take that into rule of taxation which is created by Congress? The States consideration at all, as the Senator will see. ·exercise their taxing power under their own constitutions. Is it l\Ir. SPOONER. The Senator is mistaken about that. The competent for Congress, under the existing Constitution, to Northern Pacific is another. take away from a State in any degree the power to tax property l\Ir. NEWLANDS. I was not aware of that I thought it within its own limits, its own boundnries? was entirely constructed throl.1gh 'Territories. , The Senator's plan is one entitled to great respect and con- 1\lr. SPOON"ER. No; ·not at all. sideration. There are large views in support of it, but what has Ur. ~'ELLER. I want to call the attention of the Sen- troubled me about it is the constitutional power to really effi- ator-- ciently carry it into effect by any bill which we can enact. M:r. NEWLANDS. I will read the language- . - 1\Ir. NEWLA~""DS. l\Ir. President, I will endeavor to answer l\Ir. TELLER. I want to call the attention of the Senator .both propositions to which the Senator bas referred, namely-- to the fact that in the litigation of which be speaks-the Union . Mr. SPOONER They are questions, not propositions. Pacific litigation- the parties claimed that in the act the road Mr. NEWLANDS. As to whether we can legislate in such was exempted from taxation. It was in the power of Congress a way as to deprive the State of its regulatory power over to have exempted that property from taxation, if it saw fit. intrastate commerce, and, second, as to whether we can legis- Why? Because it was to run through a territory absolutely late in any way as to affect the State's power of taxation over under the conh·ol of the General Government. While the railroad property within the State. power to ex~mp~ it in a T~rri~ory exists, it might not exist, and} As to the first proposition, I will say that there is no effort I do not thmk It does eXIst, m a State. . · made in the measure which I propose to affect the power . l\Jr. NEWLANDS. Th~ Sen~tor is mistaken in his assump of the State over purely State commerce. That would remain; tion that the counsel claimed m that case that the statute it but I call the Senator's attention to the fact that whilst it is self exempted the property from taxation. It was admitted on of course, inconvenient to have forty-five State co~missions act~ both sides that it did not. ing at the same time with one national commission upon the l\Ir. TELLER. No; I did not mean to say it exempted it in subject of these rates, and whilst it would be very much better, words, but in principle, because it was performing a duty for the in my judgment, to have one national commission that would General Government and bad a charter from the General Gov regulate the rates of both State and interstate commerce, when ernment. · that commerce is conducted by the same road, yet as to rates the Mr. NEWLANDS. But the question as to its being a Terri ultimate control is in the United States Supreme Court. If tile tory was not considered, for it must be recollected that the Ter rates are fixed by a State commission unfairly and unjustly and ritories had given way to States, and they were complaining in such a way as to deprive the corporation of a fair revenue, the then of State taxation. I will read fro.m the opinion of Judge corporation can take that case into the United States courts and Bradley, who wrote the dissenting opinion, and who states the to the Supreme Court and they will be adjudged invalid. So caF::e also for Mr. Justice Field: tbat, in the end, the power of the United States is exerted in one The Union Pacific Railroad Company, therefore bein.., a United .form or the other, either through the legislature or the courts States corporation, created for national objects and' purpo'Ses, and de upon commerce, both State and natiQnal. riving its existence, its powers, its duties, its liabilities, from the United States alone ; being responsible to the United States, now as XL--299 4770 CONGR.ESSION AL RECORD-SENATE. APRlL 5, formerly, for a whole congeries of duties and ' observances; being sub jected to the forfeiture of its corpoTate franchises, powers, and prop hands of a national agent from State taxation, and the question erty to the nited States and not to any individunl tate; being therefore is an open one to be determined in the future. charged with important duties connected with the very functions of the :Mr. TELLER. In that case the court did not bold what the' Government, e>ery consideration adduced in the cases of McCulloch v. Senator says it did. It si:nply held that in tllut particular case, Maryland and Osborn v. The Bank would seem to require that it should be exempt not only from State taxation, but from State control and in where the company bud been chuxtered by the o-eneral authority, terference, except so far as relates to the preservation of the peace and of the Government in a Territory, it was within the power of the performance of its obligations and contracts. In reference to these Congress. That is all it did hold. I am very familiar with tha1i and to the ordinary police regulations imposed for sanitary purgoses anrl the preset·vation of good order, of course, it is amenable to :5tate case. e:r.~ : cal law . 1\Ir. NEWLANDS. Of course the decision was with reference As an instrument of national commerce as well as Government opera to that particular case. tions, it has been regulated by Congress. Can it be further regulated lJy Stnte legi lation? Can the State alter its route, its gauge, its con Mr. TELLER. I do not want to discuss it with the Senator, nections, its fares, its franchi es, or any part of its charter? Can the but I will say to him that the court was dealing with the par ~ State step in between it and the superior power or sovereignty to ticular case of the railroad which was brought before them, which it is responsible? Such an hypothesis, it seems to me, is in admi. siiJle and repugnant to the nece sary relations arising and ex and they took that charter and were simply saying wlmt Con~ istf'ng in the case. uch an hypothesis would greatly derogate from gress might have done, but what Congress did not do. That and render almost useless and ineffective that hitherto unexecuted case is pretty well understood, and the Senator can find in it ))ower of Congre s to regulate commerce by land among the several ~tates. If it be declnred in advance that no agency of such commerce, no support for his contention. Of course, if the Senator de- which Congress may het·eafter establish, can be treed from local im pends upon the law of the minority, he can find a good deal of positions, taxation, and tolls, the hopes of future free and unrestricted law that is not recognized as the law. A man may sometimes inte1·eourse between all parts of this great country wil1 be greatly disconrnged and repressed. think it is pretty good sense, but the law is what the mujori~ Again: holds. Mr. NEWLANDS. Undoubtedly the law is what the majority, But it is contended that the laying of a tax on the roadbed of the company is nothing more than laying a tax on ordinary real estate, holds, namely, that where a statute does not exempt property1 which was conceded might be done in the case of the United States employed by a national corporation_in the exercise of its pow ~ Bank, in reference to its banking house or other lands taken for ers, that property is not impliedly exempt from State taxation. claims dL:e in the course of its business. This is a plausible suggestion, but, in my apprehension, not a sound one. In ascertaining what is But four of the judges expressly held that where the statute essential in every case. respect must always be bad to the subject does exempt,. the property would be exempt from State taxation. . matter. The State of Maryland undertook to tax the circulation of tbe 1\Ir. TELLER. In that particular case. United States bank established in that State, etc. · Mr. NEWLANDS. And hence I submit I am justified in the :Mr. Justice Bradley goes on to state the case with reference stutemen.t that the question is an open one. I think the logic to t]Je Unite~ States bank, and then continues: and the rea oning are entirely with the four judges wllo de~ But the primary object of a railroad company is commerce and clared that the National Government, creating a C011lorate transportation. In its ca -e a rai1road track is just as essential to Its agent for the purpose of carrying out a national power, . tamp~ operations as the u e of a currency or the issue or purchase of bills of exchange is to tbe operations of a bank. To tax the road is to tax the ing the property of that agent us an instrumentality for the very instrumentality wbicb Congress desired to establish, and to operate exercise of that power, can protect it from destruction by an~ wbicb it ct·eated the co,poration. other sovereignty upon whose soil it has a right to operate. Such is the opinio~ of three of the eight justices who sat in There can be no question of the power of a national corporation that case. to enter any State without the consent of that State, and to The opinion of four of the justices was delivered by Mr. Jus build a railroad and to exercise the power of eminent domain - tice Strong, who, after referring to the object and purpose of and to take part in interstate commerce. The National Govern~ the legislation creating the Union Pacific Railroad,. said (p. 32) : ment itself can do it, and if the National Government can con~ Admitting, then, fully, as we do, that the company is an agent of the struct a railroad, would it be held for a moment that that rail~ General Government, designed to be employed and actually employed road would be subject to State taxation? in the- legitimate service of the Government, both military and postal, The National Government, under the power to establish post~ dues it necessarily follow that its property is exempt from State taxa tion? offices and post-roads, builds post-offices in the States. Do we Emphasizing the difference between the operations of an agent have to ask the State to exempt them from taxation? No. and the property thereof, Justice Sb.·ong said (p. 33) : Years ago it was thought necessary to obtain a special State statute exempting such buildings from State taxation. Now, It may therefore be considered as settled that no constitutional im plications prohibit a State tax upon the property of an agent of the it is the universally recognized doctrine that the public build Government merely because it is the property of such an agent. ings put up by the National Government in a State in the 'l'hen, after consideration of the various cases bearing upon exercise of its governmental functions can not be taxed. the general question, Justice Strong summed up as follows Mr. SPOONER. Will the Senator allow me to ask him a ( pp. 36-37) : question? It is, therefore, .manifest that exemption of Federal agencies from 1\Ir. NEWLANDS. Certainly. State taxation_ is dependent not upon the nature of tbe agents, or upon 1\fr. SPOONER. Aside from the question of law, aside from the mode of their constitution, or upon the fact that they are agents, the question whether Congress has power to exempt such prop but upon the effect of the tax; that is, upon the question whether tbe tax does in truth deprive tbem of powe-r to serve the Government as erty in the Stutes, dGes the Senator think the States would they were intended to serve _it, or does hinder the efficient exercise of ever for a moment submit that railroad property within their their power. A tax upon their property has no such necessary effect. It borders should not be subject in any degree to local taxation? leaves them free to discharge the duties tbey have undertaken to per form.- A tax upon their operations is a direct obstruction to the exer 1\Ir. NEWLANDS. No; I do not think they would. It i im~ cise of Fedeml powers. possible to get through such a bill, and I would not ask to have Eight justices heard this case, and the opinion ·of the court it passed. All that I wish to a-ccomplish is to have a uniform upholding the validity of the ta.x was concurred in by four of rule of taxation that will make the taxes of railroads a cer them. A fifth, Judge Swayne, concurred in the judgment, but tainty, so that they will keep out of politics upon this subject, and so that we will have a definite factor in the determination of said : rates. I see no reason to doubt that it was the intention of Congress not to ~ive the exemption claimed, Tbe exercise of tbe power may be waived, 1\Ir. SPOONER. Do not the railroads get into politics more on but I bold that the road is a national instrumentality of such a char the question of reooulating rates than on the question of taxa acter that Congress may interpese and protect it from State taxation tion? wheneYer that body shall deem it proper to do so. l\lr. NEWLANDS. No ; I think they are in politics upon So that Judge Swayne would have decided against the major both ; and they huve to be. ity of the court bad there been exempting legislation. Two Mr. SPOONER. T.he Senator would leave them in politics as other justices flatly dissented, giving an opinion to the effect to the one? that such State taxation was invalid, even in the silence of 1\Ir. NEWLANDS. Because I can not help it. But stl11 as Congress. And the eighth justice merely remarked: " I dissent to that the Senator must recollect that they have the protection from the opinion of the court." of the national courts, which are bound to see to it that no All that can be claimed from this decision as to the power of State regulation deprives the company of a fair return upon its Congre s to exempt a corporation from taxation by affirmative property. The courts have modified very much the doctrine legislation is that the court was evenly divided, and even this asserted in the case of 1\lunn v. Dllnois, where it was declared can not be fairly claimed, for the case of exempting lP.gisltltion tllut the power to regulate was a legislative power; that it was was not before the court, and the opinion of the four justices no objection to the power to say that it would lead to legisla who upheld the tax does not contain a word which denies the tive abuse; that the only remedy for legislative abuse ·was a power of Congress to exempt the property which it expressly resort to the polls. That was a poor remedy given to tlle cor declares to be its chosen instrumentality. porations by that decision, for we know how ill any corpora So ont of eight justices four expressly declared that Congress tion would fare at the polls in seeking a redres of injuries. could exempt the property of a national instrumentality in the But we do know that since that time that doctrine has been 1906. CONGRESSIONAL RECORD-SENATE. 4771 seriously modified, and the courts have now taken the property management of the able men whose genins created our present of theEe corporations within their protection and have given efficient system of transportation. No complaint can be made them ample protection. They do not simply protect them as to this efficiency; no complaint can be made as to consolida against confiscation, but they protect.. them in a fair and reason tion properly controlled in its capitalization. No attempt able return upon their property and in a fair and just compen should be made to raid the property of railroad investors. No sation for the services which they perform. attempt should be made to destroy or impair the existing values l\Ir. President, 1 have, at the risk of being tedious, gone quite of their securities. Unity of control, simplicity of organization, fully into the principles which should, in my judgment, govern certainty in valuation of railroad property and in returu upon the regulation of rates. I believe that it is our duty to provide such valuation to the stockholders, certainty in taxes, fair for a valuation of railroads engaged in interstate commerce and recognition of the dangerous character of the service of the em to fix the returns which the coTporations are to receive on such ployees, proper provi ion for insurance against ac.cidents and valuation. If these two factors are established the whole sys old age, conciliation of disputes between the carriers and their tem will tend automatically toward a reduction in rates as the employees, are parts of the full and comprehensive legislation business of the railroads increases. which this subject requires and which would differentiate our AUTOMATIC .A.D.TUSTME};"T. legislation from the incomplete and fragmentary legislation in A sy tern of national railway corporations strictly controlled which Congress has thus far indulged regarding interstate trans as to capitalization, limited as to their returns to a certain per portation. centage, with taxes mathematically certain, with a proper allow Mr. STONE. Mr. President, much time has been expended nnce for an insurance and pension fund, with proper provisions and learning exploited in discussing the Federal judiciary. In for conciliation of dif::putes between employees a.Q.d the rail some respects this discussion bas been more academic than roads, would result in ail automatic adjustment tha~ would do practical, although interesting and instructive. It is remarkable away gradually with excessive rates and all the abuses arising that in this day and generation, after more than a century and from preferences nnd discriminations as to individuals or locah a quarter of national life, there should be such a disputation ties. The tendency would be to equality and reasonableness in the Senate of the United States as that we have been listen of service. If we enter upon a system of proper capitalization ing to at intervals during the last three weeks. I had not of these roads, involving a fair and fixed return in the shape of supposed the Federal judiciary could have been made the sub dividends, the Interstate Commerce Commission will hardly ject of such controversies as have engaged the attention of the ever have cause to act, and, automatically, the entire adminis Senate. While my principal purpose in arising, Mr. President, tration of these roads will tend toward impartiality in place of is to submit some observations on one or two of the more prac partiality, and reasonable rates instead of unreasonable rates, tical features of the proposed legislation, since it seems to be to the betterment of the roads instead of exhausting the roads the fashion, I will, with the indulgence of the Senate, first pay with a view to paying dividends on watered capital. my respects to the courts also. NATIO~AL OWNERSHIP. DUTY TO ORGANIZE COURTS. The people will look for simplicity in whatever plan of relief Some new and interesting questions have been raised, or, is proposed, and unless we unify and simplify the control of rather, some old and interesting questions have been revived. transportation in a few thoroughly regulated great national cor It has been said that the Congress was not obliged to establish porations, whose finances and operations can be easily under inferior courts. Mr. President, I believe it was the imperative stood and whose functions will be entirely taken out of politics, constitutional duty of the Congress to create the Supreme Court they will drift into national ownership as the easiest solution. and to establish inferior courts. It was as much the duty of The argument in· favor of national ownership is an attractive the Congress to establish inferior courts as it was to create the one. Outside of the United States three-fifths of the world's Supreme Court. The Constitution did not create the Supreme trackage is in national ownership, and not a single nation that Court nor any other tribunal. It simply declared that " the bas entered upon national ownership is inclined to withdraw judicial power of the United States shall be vested in one Su from it. Japan, only recently coming out of the stress and preme Court, and in such inferior courts as the Congress may strain of a great war, has passed an act for the purchase of all from time to time ordain and establish." Upon that short and private railroads in Japan, at a cost of $250,000,000. simple declaration the Federal courts are founded. The judi The plan of acquiring national ownership would not be diffi cial power was vested, but no court, not even the Supreme Court, cult. It would not involve the entire readjustment of the was created. The Constitution did provide that there should be present system. It would be easy to authorize the Interstate a Supreme Court, but it did not provide for the number or quali Commerce Commission to institute suit and condemn the shares fications of the judges who were to constitute the court· nor of stock of all the railroads in the country engaged in interstate make any provision for its organization. That was left to the commerce, leaving the bonds outstanding as a lien upon the Congress, just as the establishing of inferior courts was left to property. Thus the interests of the stockholders would be the Congress. It has been said that the duty of Congress to purchased by the nation and the Interstate Commerce Commis create and organize the Supreme Court was mandatory, but not sion could step into the position of director of the various cor so as to the inferior courts. As to those courts it has been said porations, with their present organization of officials and em that it was left to the discretion of Congress to establish them or ployees, and could gradually work out a method of national not. To that view I can not give my assent. The Congressional administration. duty was as imperative in the one case as in the other. The The present gross revenue of all the railroads would be inferior courts are as essential to an adequate judicial system, amply sufficient to pay all the fixed charges of the companies such as the Constitution contemplated, as the Supreme Court. and the low rate of interest upon the Government bonds issued The judicial department was established by the Constitution as for the purchase of stock and produce a surplus which would a coordinate and independent department, and its functions make ample provision for betterments and extensions, and also were as well defined as those of any other department. It is as provide a sinking fund which would extinguish the debt be- necessary to the orderly conduct of public affairs and as neces fore many years. · sary to national life under our governmental system as either Or, should the country determine to take hold simply of the the legislative or executive departments. Without a Federal ju new construction of the future, leaving the existing railroads diciary there would be no courts in which controversies to which in the bands of their present owners, the Government could the United States was a party, or in cases arising under the ad easily build a railroad of 3,000 miles across the continent from miralty and maritime jurisdiction of the United States, and the Atlantic to the Pacific, which would become the spinal col other causes, could be heard and determined. Without a Fed umn of a great governmental system. eral judiciary there would be no courts in which numerous Government ownership presents no difficulties, either constitu crimes against the United States, committed both on land and tional or practical, and the country will certainly drift to it sea, could be punished. The Congress might enact laws· and unless the. existing abuses of uncontrolled monopoly, of over- the Executive might stand ready to execute them, but without , capitalization, of accomplished union between the producing courts the law would be· a dead letter and the executive arm and transportation interests of the country, of political contro1, would be powerless. The Supreme Court alone would not suffice, and of unjust preferences and discriminations are done away for the Constitution expressly limits its original jurisdiction to with. Even as luning that the government management may two classes of cases-those against ambassadors, other public not be economical, the time may come when the people will ministers, and consuls, and those in which a State is a party. regard equality of service as of more importance than economy In all other cases the Constitution declares that the Supreme of service. But the plan of national incorporation would give Court shall have appellate jurisdiction only. Except as to the the country the benefits of government ownership with none two classes of cases specified, all controversies which are be of its dangers. It would abolish the evils which have arisen yond the reach of the State judiciary would be without a forum from um·estricted monopoly, automatically bring about a reduc for their settlement if there were no inferiOl' courts of the tion in rates, put the railroads out of politics, and retain the United States. Even if the Congress could clothe the courts of 4772 CONGRESSIONAL RECORD-SENATE . . APRIL 5, the States with tlle judicial power de1ol1ed by the Constitution were established as a public necessity and in pur uance of a upon Federal courts, which Judge Story denies, it would mani puiJlic policy outlined in the Con. titution. Their existence is festly and ine1itably lead to conflict and confusion. Tile GoY e sential to national vitality, and they exist in obedience to a ernment could not be successfully mai~tained and administered con titutional direction. The Congre ·s had power to create, but I on the plan laid down by the onstitution without tlle inferior bas no power to destroy. Congrc scan not destroy the judiciary courts. Tiley are just as necessary to the public safety, to the any more tllan the judiciary can de troy Con!!re . Of cour e, protection of priYate rights, and to orderly goYernment as the if the people tbemsel•es want to destroy the Federal judiciary it Supreme Court it elf. It does not seem to me that tills can be can be done. It migllt be done by a con titutional amendment, intelligently contro1erted. Tlle eighth section of Article I of the and even witllout that, if tlle people wanted it done, Congress Con titution conferred upon Congress power "to constitute tri might, in the execution of a revolutionary propaganda, devise bunals inferior to the Supreme Court." Did not the bestowal expedients for wiping out the courts, from the upreme tribunal of the power to do this necessarily carry with it an obligation down. But in tlle same way CongrE-ss could de h·oy any other to do it? The same section of the same article conferred upon political division of the Go•ernment. If Cono-re should refuse Congress the power- from year to year to provide for the support of the executive To lay and collect taxes, duties, imposts, and excises, to pay the department ; if it should refuse to pro1ide for . the support of "debts and provide for the common defense and general welfare of the United States. the Army and Navy; if it should efuse to make provi ion for To regulate commerce with foreign nations and among the several the public debt-in oilier words, if tlle Congre. ·s slwuld refuse, States. with popular approval, to perform its functions, of cour e the To establish a dniform rule of naturalization. To coin money, regulate the value thereof, and of foreign coin, and Republic could not surviYe. But none of the ·e things could be fix the standard of weigllts and measures. done except with the approval and by the direction of the To provide for the punishment of counterfeiting the securities and American people. Mr. President, all talk of that kind is idle, current coin of the United States. To establish post-offices and post-roads. fantastic, chimerical, impossible. 'l'be people could de troy the To define and punish J>iracies and felonies committed on the high judiciary, but it is not within the power of Congress alone to seas and offenses against the law of nations. do it. If to-day the Congress should pass an act abolishing all To raise and support armies. the circuit and district courts of tlle United States witbout.sub And to enact other laws for purpo es specifically enumer stituting other tribunals in their stead, can there be any doubt ated and neces ary to the orderly administration of the Govern that the Supreme Court would declare the act to be uncon titu ment The language of the Constitution is: " The Congress shall tional and void? If it did not, it would be UD\vortby to occupy have power" to enact laws for all such purposes. The Consti the high place it holds in the respect of the American people. tution did not say that the Congress shall enact such laws, I do not mean to say that Congre s can make no change in the but shall have the power to do o. Could the Congress have Federal judiciary. I do not mean to say that Congress might refused to exercise that power? I think not. When the power not reorganize the judiciary and abolish, if you will, the circuit was conferred, by necessary implication the duty to . exercise it and district courts as they now exi t, provided that other courts, attached. The grant was equivalent to a mandate. Nece - no matter by what names designated, with sub. tantially similar sarily, discretion was given to Congress to adopt ~uch forms of jurisdiction, should be established to take their place. I think legislation and to e~tablisb such agencies as they might deem that would be within the province of Congr·e s, but that is a es ential to accomplish the purposes contemplated by the Con 1ery different thing from the wiping out of the judiciary alto stitution, but they could not refuse to act at alL If the Congress gether. An act absolutely destroying the inferior courts of the bad refused to do the things they were given power to do, United States would be unconstitutional, in my opinion, and if so, among others to establish such courts as were necessary to Congress, of course. would have no right to pass it. the proper admini tration of the law, they would have been recreant to duty and to their oaths. MAY DEFINE .T\ffiiSDICTION. But it is said that the Congress could not have been compelled But, Mr. Pre ident, while it was the constitutional duty of the to establish inferior courts. If by that it is meant that there Congre s to ord~in and e tablish courts, and while the Con· was no official power which could have exercised that compul gre s has no con titutional power to destroy them, it does not sion, the statement of course is correct. The Constitution and follow that they can not, within the limits of tlle Constitution, public opinion are the only things that can compel Congress enlarge or re trict their jurisdiction and regulate their practice. to perform any duty. Beyond these there was no power to Tllat is something the Congress may do. The Supreme Court has compel Congress to create the Supreme Court Therefore it decided that the judicial power of the United States, altllougb may be said that Congress could have obliterated the whole it has its origin in the Constitution, is, exc pt · in enumerated judiciary by refusing, in the beginning, to provide for any instances, applicable exclusively to the Supreme Court, depend tribunals, high or low, supreme or subordinate, which could ent for its distribution and organization and for the modes of exercise the judicial powers written into the Constitution ; or, in its exercise upon the action of Congress, and has decided that other words, that the Congress could in that way have wiped out Congress may invest the courts it creates with jurisdiction that much of the Constitution. 1\Ir. President, it requires some either limited, concurrent, or exclu ive, or withhold jurisdiction patience to seriously consider a suggestion of that kind. The from them to whatever extent Congress may deem proper for faintest intimation that it was ever possible for Congress not the public good; and the Constitution expres ly provide that to provide, and fully provide, for a complete Federal judicial the Congress may regulate appeals to the Supreme Court. That establishment is too puerile for consideration even as a test of Congre s is clothed with power, except in a few specified ib the legislative power. Such an intimation belongs to the dis stances, to define the jurisdiction of the Federal Courts bas been tempered domain of dreams and hallucinations. It presuppo es so often decided that it may be considered as settled law. And that Senators and Representatives in Congress would ignore this is as it should be. their oaths and deride the Constitution, and it presuppo es that 1\Ir. President, I have a profound reverence for the opinion of the men who made the Constitution were bent on destroying, Thomas Jefferson. He was sometimes suspicious of the courts. in the very hour of its birth, the governmental fabric they had Once he even went so far as to say : The judiciary of the United States is the subtle corps ot sappers u.nd created. Further still, it presupposes that the men of the miners constantly working underground to undermine the foundations Revolution, the people themselves, whom the Congress repre of our confederated fabric. They are construing our Constitution from sented and to whom they were amenable, also desired to im a coordination of a general and special government to a general and supreme one alone. * • • Having found from experience that im molate the fruits of their victory on the altar of chaos. Mr. peachment is an impracticable thin~, a mere scarecrow, they consider President, that is to suppose a situation that is not supposable. themselves secure for life. They skulk from re ponsibility to public The Congre s were compelled to provide for the organization opinion, the only remaining bold on them, tmder a pmctice first intro duced into England by Lord Mansfield. .An opinion is huddled up in of the Supreme Court and to establisll such inferior courts as conclave, perhaps by a majority of one, delivered n if unanimous, and the Constitution contemplated, or be guilty of moral and legal with the silent acquiescence of lazy or timid a. sociates, by a crafty treason. chief judge, who sophisticates tbe law to his mind lJy the turn of his own reasoning. • • • A judiciary independent of a king or execu-. CAN NOT DESTROY. tlve alor.e is .a good thing, but independence of the will of the nation is 1\fr. President, tho e who bold that the power impo ed. upon a solecism, at least in a republican government. the Congress to establish inferior courts was merely permissive, With all due respect for this greatest of American statesmen, or in other words, those who contend that Congress was not I fear that this utterance was prompted more by his antagoni m bound by the mandate of the Constitution to establish them, to the great Chief Justice of that day than by llis deliberate also contend that since they have been established Congress may judgment. Moreover, while I believe it to be true that the sov now destroy them. It is said that since Congress created them ereign rights of the States and the people haye been often en Congress may abolish them; that what the Congress has estab croached upon by judicial interpretation, still, t aken as a whole, lished It may disestablish; that what it bas done it may undo. the record of the judiciary is a proud one, and the courts have I deny that also. Congress can not constitutionally do any frequently stood as the solitary and impregnable refuge of the such thing, and therefore can not do it at all. These courts Constitution. 1906. CONGRESSIONAL RECORD-SENATE. 4773 Mr. Jefferson spoke with greater dignity and sagacity and My learned and eloquent friend the Senator from Texas [Mr. more like the statesman he was when he said : BAILEY] bas called our attention to the case of Fink v. O'Neil The dignity and stability of government in all its branches, the (106 U. S.). The justice who delivered the opinion in that case morals of the people, and every blessing of society depend so much upon did say that the Federal courts had no authority to render an upright and skillful administration of justice that the judicial power ought to be di tinct from both the legislative and executive, and inde judgments or to issue executions or other process, except when pendent of both, so that it may be a check upon both, as both should authority to- do so had been conferred by the legi lative depart be a check upon that. ment. He did say that those courts have no inherent authority In each instance 1\fr. Jefferson was addressing himself to the of that kind. But, Mr. President, that statement was unnec 'Federal judiciary. Although, ru; I have said, he spoke not with essary and inapplicable to the case before the court. It was out prejudice and resentment in the first quotation I have read, obiter dictum. The point at issue in that case concerned the tllere was, nevertheless, enough of b·uth in his malediction to sale of a homestead, which, under the laws of Wisconsin, was show that the founders were wise in delegating to the legis exempt from seizure and sale under e:secution. Under the laws lative department the power of defining the jurisdiction of the of Congress the Federal courts are required to conform their courts. practice to the laws of the States, respectively, in which they It has been asked, " What is meant when it is said that Con are held in so far, at least, as these laws are applicable. It was gress may define the jurisdiction of the courts? " The question contended that the exemption law could not be plead against the can be answered only in ~enera l terms, and that is sufficient. sovereign-that is, the Government-as it might have been It is enough to sny, in general terms, ~hat the Congress may de plead against a private suitor. The point at issue concerned termine the forum in which controversies may be judicially not the power of issuing an execution, but the power of enforc beard; that they may put limitations upon the jurisdiction of ing it. The power to issue the execution unquestionably ex those forums whenever and wherever jurisdiction is conferred isted, and the execution bad, in fact, been issued and placed in by them ; and they may prescribe the mode of procedure to be the hands of the. marshal. The question was whether a cer observed from the initiation of an action to its close. But, tain property, exempt from execution under the laws of .the while this is primarily true, it is not within its limitations. State, was subject to sale at the suit of the Government as a 1While it is true that Congress is clothed with power to define sovereign. The same question would have arisen even if it had the jurisdiction and regulate the practice of the courts, they can been admitted that the courts had inherent powers, for still the not constitutionally so resb·ict that jurisdiction as to paralyze protection of the exemption laws, enacted to promote a wise their arms and make them utterly incapable of affording relief. public policy, might have been invoked. The justice who made That can not be done, for the effect of that would be to desb·oy the declaration referred to went beyond the record, and there the courts. If it was the constitutional duty of Congress to estab fore what he said in that behalf is not entitled to the weight of lish courts, then equally was it their duty to invest them with a judicial deliverance. every adequate power necessary to the proper and effective exer POWER OF SELF-PROTECTION, cise of their functions. It was as much their imperative duty to do the one as the other. The two things are inseparable and :Mr. President, I do. not contend that the Federal courts are of equal importance. The legislative duty is the same in both. invested with all the inherent powers that appertain to courts And in neither case is it a purely opti.onal duty, or a mere mat existing at common law and by proscription. Such a contention ter of legislati"le discretion, but in both it is a high, commanding is unnecessary, -and I would not sanction it if it were made. At con titutional duty. The last clause of the eighth section of the same time, I am unwilling to admit that the courts are so 'Article I of the Constitution provides that Congress shall have utterly dependent, so devoid of power-inherent power, if you power- please-as to be incapable of moving a hand · to protect them selves against annihilation. To make ali laws which shall be necessary and proper for carrying into ex~cution * * * all powers vested bY this Constitution in the Mr. BAILEY. Mr. President-- Government of the United States, or any department or officer thereof. The PRESIDING OFFICER (Mr. BULKELEY in the chair). The Supreme Court and the inferior courts established by Does the Senator from Missouri yield to the Senator from Congress constitute the judicial department. The Constitution Texas? declared that there should be one Supreme Court, and left it to Mr. STONE. Certainly. the Congress to provide for its organization. The Constitution Mr. BAILEY. I wish to hear the Senator from Missouri ex did not establish the inferior courts, but they are founded in it. press himself directly on the question as to whether Congress f.rhey were not created by the Constitution, but created by Con has even the power to prevent an inferior court from issuing a gress in obedience to the constitutional mandate. The judicial preliminary injunction to suspend the rate established by this power of the United States was vested in these courts; and the railroad commission. Congress was given power to enact all laws necessary to enable Mr. STONE. If the Senator will pardon me at present, I the courts to exercise their legitimate functions. When this will treat very fully upon that in a few moments, but I would power was granted to Congress the duty of utilizing it was im rather not just at this time. posed. A constitutional obligation, express or implied, can not It is to be presumed, must be presumed, that the courts will be ignored without offense to the fundamental law. No, Mr. themselves obey the Constitution and keep within its limita President, the power that Congress may exercise over the courts tions. It must be presumed that the courts, as well as the Con is not absolute, plenary, unbridled. The Constitution by neces gress, will respect and obey the Constitution. It must be pre sary intendment and implication has put limitations upon that sumed that the courts will uphold the laws of Congress unless power. Congress may say what courts shall have jurisdiction of they clearly contravene the fundamental law. They have often criminal causes, but it can not deny jurisdiction to all courts to declared it to be their duty to sustain legislative enactments punish crime. That would leave the Government and the peo and to reconcile them to the Constitution whenever it can be ple at the mercy of the lawless. Congress may determine what done. That is the uniform judicial policy of all American courts shall have jurisdiction of civil causes, but they can not courts, both State and Federal. It is curious to note that those absolutely deny to all courts the power to hear and determine who fear the power of the courts and live in dread apprehen conb·oversies which may arise within the judicial jurisdiction pre sion of judicial usurpation are constantly quoting the Supreme scribed by the Constitution. That would be to deny justice alto Court itself to prove that the judiciary is dependent upon the gether; to deny a remedy for all wrongs, public or private; and legislative pleasure. No, Mr. President, I believe the highest it would lead inevitably to uni"lersal chaos. The Congress may public good require-s that the courts should be left undisturbed regulate the practice of the courts, but they can not deny to the . in the possession of all their constitutional powers. I think courts the right to issue any process whatever, and thereby ren these powers are ample for self-protection. Congress could not der nugatory the powers with which they are invested. _The destroy the courts if they would, and should not if they could. Congress may regulate the forms and the manner of executing The Constitution embodies the wisest thought of the wonderful all processes, but they can not deny them altogether. They men who made the Republic. It is the most perfect work of its may put limitations upon the issue and servic~ of process, but kind ever devised by the wit of man. It is inconceivable that not to the extent of denying process altogether, nor of so cir a great department, like the judicial department, should have cumscribing it as to make the judicial power a sham and a been established and then made wholly subservient to the legis farce. The legislative power may change the formalities of lative will and helpless in its presence. The three great de judicial procedure, but not so as to make the enforcement of partments established by the Constitution are coordinate and rights impossible. It was well said by the supreme court of coequal. Neither towers above the other-supr_eme, absolute, l'.lichigan, in the case quoted by the junior Senator from Penn imperial-but the same Constitution is over them all. Within sylvania (75 :l\fich., 283), that- their respective spheres each is supreme. But above all is the When they [the legislature] vest judicial powet· they do so in ac power of the people. The harmony and symmetry of this su cOt·dance with all of its essentials, and when they vest it in any court, they vest it as efficient for the protection of rights, and not subject perb creation should not be maTred. It should be left as tbe to be distorted or ma COURT REVIEW. mission above and beyond the reach of the courts. 'rhere is 1\Ir. President, I come now to consider briefly and to express no use t alking about something nobody wants to do, and which my view upon the particular question which has given rise to many think can not be done. '\Ye had better discu. s things all this di cussion about the courts. The question is, Shall wllich some of us, at least, think ought to be done, nnd some jurisdiction be expressly conferred upon the circuit courts to of us think we have power to do. review the orders which may be made by the Interstate Com Mr. President, this whole subject is narrowed to two proposi merce Commis ion prescribing rates to be charged and regula tions: The first involves an enlargement of the judicial power, tions to be observed by railroads as common carriers? And if and the other a limitation upon its exercise. Paradoxically, the so, then with what limitations, if any, shall that jurisdiction two things are not necessarily in conflict Both may be done be hedged about? The bill provides that, after certain findings without inconsistency. Under the law as it is to-day, the courts and formalities, the Commission shall have power to prescribe have jurisdiction to hear and determine whether a prescribed what shall be a just and reasonable and fairly remunerative rate is so high as to be extortionate, or so low as to be confisca rate to be thereafter charged as the maximum rate, and to pre tory. Between these t\yo exb.·emes it seems to be conceded in scribe what regulation or practice in respect to a given trans the arguments I have heard, the CoUTts can not go. It is said portation is just, fair, and reasonable to be thereafter followed. that if a rate is not so high as to be extortionate, nor so low as There is no expre s provision in the bill authorizing a judicial to be confiscatory, the courts can not interfere. They can not review of orders that might be predicated upon these provisions. intervene, so it is said, between the two extremes to say whether The question is, Shall an express provision of that import be in a rate fixed by the ·Commission is fairly remunerative. The serted in the bill? That appears to be the question; but, 1\Ir. courts h;.we said that if a rate is not compensatory it is confisca President, it ·seems to me that to consider this question in that tory. A line has been drawn here between what is justly com form is to proceed in the inverse order and upon a false premise. pensatory and what is fairly remunerative. But the line is a It is to proceed on the assumption that the bill as it stands in narrow one-so narrow as to be scar cely distinguishable. The some way denies the right of judicial review. But that is not line between "compensatory," simply, and "fairly remunera true. The bill as it passed the House, and as it stands to-day, tive., is more distinct; but the line between "justly com pen a does not deny the right of judicial review, nor even attempt to tory" and "fairly remunerative" is difficult of discernment. limit it. On the contrary, sections 15 and lG of the bill, as lt is a little hard for me to differentiate between the two; and it reported, expre sly recognize that right. Those sections pro is a little hard for me to understand why a court hl:\8 power to vide that the orders of the Commission shall take effect at the determine whether a rate is justly compensatory, or even com end of thirty days after notice, unless such orders shall have pensatory, and yet is without power to determine whether a rate been suspended or modified by the Commission itself, "or set is fairly remunerative. On the other hand, it is evident that be aside by the order or decree of a court of competent jurisdic- tween the extremes of extortion and confiscation, as tho e terms tion." ' ar-e understood, the Commission should have some discretionary If the bill should be enacted in its present form, and the Corn power in establishing rates. What latitude should be given to mission should pre cribe a rate which was confiscat-:>ry or non that discretion is problematical. But, :Mr. Pre ident, as the compensatory, could there be any doubt that the carrier. affected courts now have power to intervene to set aside a rate which is would have the right, under existing law, ·to apply to a circuit extortionate or confiscatory-that is, a rate which oppres es the court for relief, or that the court would have power to grant sllipper or which does not bring a fair return to the carrier upon whatever relief the nature of the case might warrant? If the the capital invested and labor expended-! am inclined to think bill should pass in its present form, could there be any doubt it would be wiser, at least in the experimental stage of tllis new that the same jurisdiction would attach if a rate establlslled administrative authority, not to invest the courts with any should not be fairly remunerative? Under the powers now powers not already posse sed. If the coUTts have not the p()wer possessed and exerciEed by the circuit courts can tllere be any already to determine whether a rate made by the Commission is doubt that they would take jurisdiction of any caus~, inYolYing fairly remunerative, I doubt if it should be conferred upon them. a sufficient sum, which concerned a rate alleged to be confisca For the present, at lea t, we had .better leave that que::;tion tory or noncom pen a tory? If that be true, then tll ~ ~ )JOWe1· of where it is. But to do that the bill should be amended. As it judicial review exists already, and there is nothing in tllis bill now stands it seems to me that that ·power would be, by tile which seeks or pr·etends to divest the courts of that: VO\Yer or very terms of the bill, conferred upon the courts. If the bill to limit them in its exercise. There is, therefore, no need of a should be amended so as to authorize the Commi sion to l1re special provision to confer a jurisdictional right of review. The scrlbe just and reasonable rates-using those words, "just and real question is not whether this power of review shall be con reasonable "-and by striking out the clauses which provide that ferred upon the courts, but whether it shall be enlarged upon the orders ·of the Commi ion shall stand unless Eet a ide by a tlle one lmnd, or withdrawn or limited upon tlle otl:~ r. '!'his court of competent jurisdiction, that would leave the matter, so bill propo es to enlarge it. It proposes to authori:r.e tue courts far as the jurisdiction of the courts is concerned, where it is to determine not only whether a rate is confiscatory, but whether already. Moreover, it seems to me that the power to fix just it is fairly remunerative. Whether this jurisdiction should be and rea onable rates would answer all the purposes of this le"' enlarged is a que tion of such doubtful wisdom t!Jat I he. itate islation. Under that phraseology it would be the duty of tbe to approve it. I doubt whether the jurisdiction nov; ex.ercised Commission to e t ablish rates that were "fairly remunerative," by the courts can be wllolly withdrawn, and I am confident it and something should be conceded to the adminisb.·ative integ ought not to be. Railroads are sometimes guilty of tlagrant rity of the Commission. abuses, but for tllat reason, no matter bow outrageous their But, secondly, l\fr. President, even if the jurisdiction of the offending, they should not be shut out of the courts and put courts should be affirmatiyely extended so as to authorize them wholly at the mercy of an administrative board. liecause they to determine whether a given rate was fairly remunerative. the offend, because they do wrong to others, is no reason wily tile courts might still be limited in the method of granting relief. Congress sllould deny them access to the courts of justice. That That they should be limited in this bellalf, particularly with tlley should be curbed, restrained, regulated, is manifest mHl respect to injunctive relief, I am certain. The reasons for this imperatiYe; but that they should be outlawed is absurd. Wilen are founded in ·a sound public policy, and they are of the high their rights are in jeopardy they are entitled to a bearing. Un est importance. If the railroads could take up every order doubtedly, in my opinion, the Commission shoul.l he gh·en made by the Commission for a judicial review, and on an ex · authority to prescribe rates to be charged and regulations to he parte and prima facie showing obtain a temporary injunction observed by the carriers; but the rates and regulations s!lould suspending the operation of the order during tlle interval of at least be just and reasonable-actually so. If any rate so litigation, often gre~tly prolonged, the efficacy of the law would prescribed should be unjust, or should not be compensatory, it be greatly impaired, if, indeed, its effectiveness would not be sllould not stand; and if any regulation prescr ibed sltould be practically destroyed. At all events, if that should be permitted unjust or unreasonable, it should be set aside. I do not tllink it would render the administration of the law difficult, tedious, any fair-minded man in or out of Congress will conh·overt tilat. exasperating, and expensive. A law of this kind to be effective, It follows, then, that if the Commission should adhere to an and orders of this kind by a commission of this kind to be of order which a carrier might deem to be unjust and uurea~onable, value, must be promptly enforced. The courts should be open the controversy must be settled in the courts. It mnst be set to every suitor, but the privilege of resorting to them .should tled in the courts because tllere could be no other forum for not be turned into an abuse. While guarding the rigllt of every settling it. I can hardly believe that any Senator would deny one to seek a judicial remedy for private wrong, the exerci e jurisdiction to the courts to hear and determine conh·oversics of of the right should be so regulated as to prevent it eventuating that character, even though he believed tbat Congress had power in a public wrong. · to deny It. If that be true, 1\lr. President, as I am sure it is, Mr. President, I would not deny · the substantial right of in then it is useless to discuss the question as to whethe:..· Congress junctiye relief to the carrier. Some able lawyers have said could, by affirmative enactment, place the orders of the Com- that that can not be done; and it may be that they a!:e right. / 1906. 1 CONGRESSIONAL RECORD-~ENATE. 4775 But I would pro\ide in this bill that injunctions suspending si Mr. President, there is not a line in the public or private not-it is hardly proper to deal with the American people with writings of the President of the United States to warrant the the idea that they are supporting the President, when in point of sugg 3tion that any man is supporting him or supporting the fact they are urging a proposition that is not only not contained ide:1s to which he bas giv-en expression during the last two years in anything the President has ever said, ·but reduces the Presi by so amending this l>ill as to transfer this power of Congress dent's recommendation to a practical and legal absurility before to tlle courts of the United Stutes. The newspaper to wllich the whole country. I alluded a moment ago printed an extract from one of the I have spoken in this way, Mr. President, not for the purpose President's speeches, and followed it with a denunciation of the of irritating· anybody's feelings. I know that much is said here amendment which my friend tlle Senator from Kansas intro in the Senate about Executive interference, but I close by sug duced yesterday, leaving the impression upon the public mind, gesting that the institutions and legislation of the American peo with a curious mixture of sincerity and satire, that tlle Presi ple are much more liable to be damaged here in the Senate of dent of the United States bad either changed his position or the United States by interference from other quarters than by had neyer occupied any such position as he would be put in by the friendly and patient suggestions of the President of the t he amendment of the Senator from Kansas. United States. Fortunately in ·connection with the President's messages we Mr. BAILEY. 1\Ir. President, I belong to that \ery small hav-e some outside knowledge of what his notions and his ideas class of Senators and Representativ-es who do not believe that hav-e been in respect to these matters, because with a freedom it is proper for them to be influenced in the performance of their which has been characteristic of his public career, and I think a legislative duties by the views of the executi\e department; very admirable part of his idea of public duty, he has taken the and it has neYer been my practice since I bad the honor to American people into his confidence in every section of the occupy a seat in Congress to confer with any President, either United States. It is true that in his message he suggested of my own or of the opposition party, in respect to any legisla that the orders of the Commission were to be subject to the re tion. view of the courts, and if I have correctly interpreted the pur The only exception I ever made-and that more apparent pose of the honorable Senator from Kansas in introducing his than real-was in the case of the lamented and martyred Mc amendment, it was for the purpose of defining before the Amer Kinley, whose invitation I accepted to confer with him in the ican people exactly what sort of a review the friends of this leg hope that we might find a. way to avert the war with Spain. islation desire to have. Upon a question like that, which was not legislati\e, I felt that Not one of them desires to leave this railroad property with any Member of Congress might properly confer with the Execu out redress against a violation of constitutional rights. Not tive of the Republic. But, sir, I have so often seen-and this one of them desires an act of oppression or injustice against applies not only to the present President of the United States, these carriers, whether committed in malice or through error, to but to his predecessors in that great office-r ba.\e so often seen go without a proper redress in the courts of the United States. the judgment of Congress overruled or controlled by Executive The President of the United States in his annual message influence that early in my service in the other Ilouse I resolyed asked that these orders be made " subject to review in the that it should never prevail with me. courts." But for months before that he had been explaining I remember when a mere school boy reading of a great Vir to the American people exactly what jurisdiction he thought ginia Democrat being invited to the White House by a Presi the courts should occupy in the matter, and I desire to take dent, of his own party and chosen from his own State, to con the opportunity of putting into the RECORD an extract from a fer upon an important question pending in the Congress, and speech made by the President before a Democratic club in the I remember how my youthful blood was made to run faster city of Chicago-the Iroquois Club-some time before the last when I read how that great Virginia Democrat said: "Mr. message to Congress was sent, which, in my humble judgment, President, the Constitution of the United States bas separated shows that the President occupies now exactly the position he the executive and the legislative department of this Govern occupied then, and exactly the position which he explained in his ment, and, by the help of God, I intend to keep them separate." brief recommendation to Congress last December -upon this sub I adopted that as my creed and I have lived up to it from that j ect. He said : day to this. Personally, I believe that the Federal Government must take an in But I must say if ever a PresiQ_ent was justified in conferring crcasin&' control over cm:porations. It is better that that control should mcrease by degrees than that it should be assumed all at once. with his friends in Congress, this measure and these circum But there should be, and I trust will be, no bait in the steady progress stances furnish that justification. Earnestly and, as I believe, of assuming such national control. The first step toward it should be the adoption of a law conferring upon some executive body the powet· sincerely striving to put upon the statute book a useful measure, or increased supervision and regulation of tbe l?reat corporations en he finds himself confronted with the opposition of his own party. gaged primarily in interstate commerce of the railroads. hly views on I am safely within the hllth when I say that le s than one that subject could not have been better expressed than they were ex third of the President's party friends in this Chamber sympa pressed yesterday by Secretary Taft in Washington, and as they were e:q.1ressed by the Attorney-General in bis communication to the Senate thize with this effort to secure the enactment of this legislation. committee a couple of weeks ago : " I believe that the representatives Mr. ALDRICH. Mr. President-- of the nation-that is, the representatives of all the people-should lodge in some executive body the power to establish a maximum rate, 1\Ir. BAILEY. I hope the Senator from Rhode Island is the power to have that rate go into effect practically immediately, and going to include himself in that one-third who help the Presi the power to see that the provisions of the law apply in full to compa dent. nies owning private cars and private tracks just as much as the railroads themselves. The courts will retain, and should retain, no matter what Mr. ALDRICH. So far as I know, there is no Senator sitting the Legislature does, the power to interfere and upset any a..ction that is upon this side who does not sympathize fully with the Senator confiscatory in its nature." from Texas and the President of the United States in a desire .Again, in his speech delivered before the Chamber of Commerce to secure effective and proper legislation with reference to the of Denver only a few months before the sending of the Presi regulation of railroad rates. That a large part of the Senators dent's last message to Congress, he used these words : on this side do not sympathize either with the President or nut with that statement as a preliminary, I wish to urge with all with the junior Senator from Iowa. in an attempt nnd purpose the earnestness I possess, not only upon the public, but upon those inter to so limit and circumscribe the rights of the people of the ested in the great railway corporations, the absolute need of acquies cence in tbe enactment of such law. As has been well set forth by the United States that they can not be effectively secured through Attorney-General, Mr. Moody, in his recent masterly argument pre the courts of the country I will frankly admit. sented to the committee of the Senate which is investigating the matter, 1\Ir. BAILEY. Mr. President, the Senator from Rhode Island the legislators have the right, and, as I believe, the duty, to confer these powers upon some executive body. It can not confer them upon any always knows exactly what he wants, but he sometimes makes court, nor can it take away the court's power to interfere if the law is tlle mistake of supposing that other people do not also know administered in a way that amounts to confiscation of property. what he wants. I know that a large number of Republican So, from the beginning the President has been clear and Senators honestly believe that this legislation is unnecessary, straight in his interpretation of his situation, and I doubt very and another per cent of gentlemen on that side honestly believe much whether it would have been necessary for him to address that it will be hurtful. I have no quarrel with them, if that these speeches to the country or to take the slightest interest, is their honest opinion; and I am one of the men w-ho believe with those who have been trying, amid a good many difficulties, and who dare to say, in spite of all the slanders that fill the to perfect legislation, if it wer~ not for the fact that persistently air, that a large majority of the men in this body want to do the argument for a review of the orders of the Commission and what they think is right. I accord to others the same honesty a trial of the case de novo in the courts, from. the beginning of of purpose and motive that I claim for myself, but it is no im this debate, has taken refuge behind six words in the President's peachment of their patriotism to say that they differ with the message, to wit, that the order of the Commission should be President, and their differences with him, I repeat, make it s·ubject to review in the courts. permissible, if it can ever be permissible, for the Executiv-e to I submit in all fairness that it is hardly p1~oper for men who seek conferences with the members of the legislative department.· know exactly w~t the President of the United States has stood Now, l\1r. President, one expression by the Senator from Iowa for, exactly wh~t he is trying to do, whether t hey indorse it or [1\Ir. DoLLIVER ] gives me even more concern than t he open ad- 1 1906. CONGRESSIONAL RECORD-SENATE~ 477tl mission that the President bas been striving by conference and bas ever talked in any improper way with anybody else who ls suggestion to shape the legislation of Congress on this subject. in opposition to this propo ed legislation. Tile Senator from I owa says that tilose who have conferred Mr. TILLMAN. If the Senator "\\ill pardon me, I saw in the with the President Ilave rendered the country a better service newspapers a day or t'\Vo ago a statement that Pre ident Mellen, tban others who have been conferring with the presidents of of one of the New England roads-! have forgotten "\\Ilicb railroads. I cordially agree to that statement. But, 1\lr. Presi bad been to the White Hou e for lunch, conferring with the dent, the Senate is entitled to know who it is here wl10 bas been President about this matter, and rumor bad it tbat be went conferring with the pre idents of the railroads. If any Senator there to demand that certain feature.., of the Hepburn bill here bus been conferring with the railroads or the presidents should be stricken out-that part of the bill which relates to of the railroads, with a view to defeating legislation in the pub requiring the railroads to keep a certain kind of books and no lic interest, the ~enate is entitled to know it, and tpe country other kind. is entitled to know it. While I am on my feet, if the Senator will pardon me, 1 The Senator from Iowa is not given to intemperate or incau should like, as one witness, to give some little testimony in this tious speech, and when be suggests that Senators who are intere·sting controversy among the brethren on that side as to striving to accomplish the defeat of this bill are consulting with what took place at the hearings before the Interstate Commerce the presidents of railroads with a view to that end, just as he Committee. I can not recall the date, but I r-ecollect very dis and others who are strh·ing to pass it are consulting with the tinctly that a gentleman came into the committee room and, President of the United States with a view to that end, he after shaking hands with a few of his friends, passed on to the utters a serious reflection upon some Senators-not upon the inner sanctuary, and I did not see him any more; but I was Senate, because no man believes that such conferences as that after'\Vards informed that he was Mr. A. J. Cassatt, of tbe include the Senate. But if they include any Senator or any Pennsylvania road. Now, what his business was or with whom Senators, the country and the Senate are entitled to know who he conferred I do not pretend to say. I merely state that as these Senators are. a fact. Mr. FORAKER. Mr. President, the Senator from Texas [Mr. Mr. FORAKER. Mr. President, I do not know anything about BAILEY] has only anticipated what I wanted to say. As the the occasion to which the Senator refers. I never met Mr. Senator from Texas has well said, the charge--for it is not any Cassatt but once in my life, and I met him at the White House thing short of that-that Senators who are in opposition to the then. He was there calling upon the President. bill he is supporting are in conference here from time to time :Mr. President, let me call attention to the fact in tbis connec with presidents of railroads-- tion, now that l\fr. Cassatt bas been named in the way he bas, 1\fr. ALDRICH. With a view of defeating the bill. that be is one of the r ailroad presidents of the country who 1\lr. FORAKER. With a view of defeating the bill is a bus been favoring this proposed rate making on the part of most serious one, and the Senators referred to should be named. tile Government for the railraads of the counh-y, and l\1r. Mellen, I re pectfully demand of the Senator from Iowa that he name "\\llo was referred to, is another. They have been advocates of the Senators, so that if there is a member of this body engaged this kind of legislation all the while. There are ra ilroads on in such conferences we may know who it is. both sides of the question. At least, such is the report as to ]11r. DOLLIVER. I shall take the liberty of not pursuing :Mr. Cassatt and Mr. Mellen. that controversy. I have very frequently seen notices of their presence in the Mr. FORAKEU. \'{ell, l\1r. President, it seems to me the city, but never having seen Mr. Cassatt but the one time, of Senate bas a right to know. I do not imagine the Senator refers course I do not know what be was here for, except only as the to ine, but I do know, as every other Senator must know, that newspapers may have advi ed. I never met Mr. Mellen; I do the suggestion of the Senator was broad enough to include not know him at all; but I have noticed that he bas been here every member of this body. frequently and that at such times he was usually in conference Mr. DOLLIVER I have never dreamed that there was anv with the President, and always about railway rate legislation. impropriety in consulting with presidents of railroads. I pre I can understand, Mr. President, why Mr. Cassatt, repre sume hardly a man here but has sought the counsel and sug senting the Pennsylvania Railroad, migbt favor this kinq of leg ge tion of those "\\ho were practically familiar with rail"\\ay islation. He represents a railroad that covers the heart of the bu::.iness. In connection with my honorable friend from Ohio, I country; a railroad so situated and so po"\\erful, having so many spent three months last spring hearing the views of as distin advantages, that it could grow inordinately rich on what might guished ·a group of railroad managers as ever assembled any destroy other railroad properties. I do not know of anybody where in the '\"\"Orld, and I have never thought that a man could el e equally fortunately situated. If anybody else is so equally not talk with railroad presidents without being charged with fortunately situated, it is Mr. Mellen and his road; and they . some form of impropriety. I have no notion that a man can be are both in favor of this kind of legislation. guilty of the offense of consulting with the Chief Magistrate of nut, Mr. President, I do not imagine that either of these the American people "\\ithout being made the subject of ridicule gentlemen, or that any other railroad official, Ilas been in and misconstruction of Ilis motive. Wa hington to see the President or to see any Senator in regard Mr. FORAKER. I Ilave never complained of anyone who to railway rate legislntion '\lith any improper motive in view. has seen fit to confer with the Chief Magistrate of the nation. I do not know why they should not come here when their great I do so whenever I see fit to and he will permit it. I am always properties are being legislated about and give us the benefit of glad to do it. I neYer think of anyone conferring with the their special knowledge. I know I was very glaa to bear them President having any improper motive in view. when they came before the Interstate Commerce Committee. So fur as conferences with railroad presidents are concerned, They were able men, intelligent men, and they gave us informa I do not know of any on the part of any member of this body. tion that it was necessary for us to have to enable us to It is true tbat when the Senate Committee on Interstate Com intelligently legislate; and I have no doubt they haye been able merce bad hearings, covering five · or six '\leeks last spring, a to give the President a great deal of information that has been number of railroad officials appeared before that committee and appreciated by him. gave their te timony, just the same as any other witnesses; but \Vhat I object to is that the Senator from Iowa or any other I do not know of any member of the committee conferring with Sen a tor should stand up here in this body and refer to a those railroad officials at that time. - I do not know of any circumstance of that kind in such a way as that people might member of tilat committee or any member of this body confer rightfully deduce from his statement that it was intended by ring at any time Qr place with any railroad official concerning him to charge that improper influences were being exerted, and tilis proposed legislation. that Senators were yielding to such improper influences. That Now, Mr. President, it will not do for the Senator to say be is an attack on the whole Senate, and should not be made un had no thought or purpose of insinuating that there was any ·less based on facts. That is all I care to say· about that. thing improper in such conferences, for the Senator said in so Mr. President, the Senator alluded to something entirely many words that Senators bad been conferrino- with railroad personal to myself. He said that on last Saturday I- sent to presidents in order that they might better know bow to defeat the legislature of Ohio a letter, in which I undertook to daim this legislation. Only one inference could be dra"\\n from that, that I was :mpporting the President in contending here for an and that was that men who do not agree with the Senator adequate court review. I do not suppose that what I said to the from Iowa in his support of this measure were representing in Ohio legislature on that occasion is a matter of much importance some snell way as has been charged railroad interests or rail to Senators, ·but I hould like, not troubling Senators to road officials. I know of no railroad officials having anything stop and listen to it, to have what I did say inserted in the whatever to do with this legislation, except only to expre s RECORD, so that along with that statement of the Senator from tbeir views when they came before the committee. No railroad Iowa those wilo may see fit to read the RECORD can read and see official, so far as I can recall, bas ever talked with me at any ,-bat I did say. Therefore I send to the Secretary's desk a copy time or any place, and I do not believe that any railroad official of that letter as it was published in the Cincinnati Commerci.al 4780 CONGRESSIONAL RECORD-SENATE. APRIL 5, Tribune, and ask that it may be printed in the RECORD, without llOW TAFT L •TERPRETED. reading, unless Senators desire that it shall be read, but I do Secretary Taft, in his speech as temporary chnirman of the Ohio Re publican State convention of May 24, 1903, interpreted this recommen not suppose that the Senate does so desire. dation of the President and the Esch-Townsend bill, wbicb had then The VICE-PRESIDE~T. Without objection, the paper re passed the House of Representatives, as meaning that the orders of the ferred to by the Senator from Ohio will be printed in the RECORD Interstate Commerce Commis ion fixing rates and regulations, when without reading: made, shall be effective until set aside by judicial bearing. In his speech at Akron, October 21, 1905, ~ecretary Taft further said : .The paper referred to is as follows: "The President's proposition is that the power of the Commission [Special dispatch to Commercial Tribune.] shall be to hear a complaint that a particular rate is unreasonable, to declare it to be unreasonable, and to fix the rate which should be rea "YOU COYFIRli iUY OPI:SION," FORAKER WRITES ASSEMBLY-SAYS HIS sonable, and embody this finding in an order, which should stand untll COCRSE 0~ RATE REGULATIO::oi IS L"'" ACCOBD WTTH LEGISLATURE'S EX set aside by a court, either upon pt·ellminary or final hearing." PUES ED WISHES AND MEASURES-QUOTES TAFT'S AKTIO::oi AND COLUM B US WORDS-SHOWS HOW ADiUINISTR..l..TION HAS STOOD FOR COURT WITH ROOSEVELT'S APPROVAL. REVIEW. It is believed, upon what is thought to be good authority, that both COlillERCIAL TRIBUNE BUREAU, OUTLOOK BuiLDING, these speeches of Secretary Taft were made with the knowledge and Columbus, Ohio, March 31, 1906. approval of the President as correctly setting forth his views. In a letter n.nswerlng the request of the general assembly that be sup In the Esch-Townsend bill, and in the interstate-commerce bill, port the po.sitlon of President Roosevelt on the railroad rate question framed by the Interstate Commerce Commissioners by them pre Senator FoRAKER exhaustively explains his own position. sented to the Interstate Commerce Committee of the Senate in Novem The letter was drawn out by the O'Roard resolution. ber, 1905, and which was at the time ·Supposed to be the most intelli· Senator FORAKER's colleague, Senator DICK, wrote to the Ohio assem gent and authoritative presentation of the President's views, in the bly, indorsing the sentiment of the O'Roard resolution. form of a bill, that could be framed, as well as in nineteen other bills that have since been introduced in the Senate and the House at this SENATOR FORAKER'S LETTER. session of Congress, all, as their respective authors understood and Senator Foraker's letter is as follows : believed, in substantial conformity in this respect with the President's The Gene1·al Assembly of Ohio: recommendation, it was carefully provided in one form or another that the orders of the Commission fixing rates and prescribing regulations GENTLEMEN: I received by due course of mail your house joint should be subject to review by the courts in proceedings instituted resolution No. 8, passed February 23, 1906, of which the following is a therefor by either the carrier, the shipper, or any other party interested, copy: as to whether or not they were lawfully made in accordance with the " House joint resolution No. 8, relative to railroad rates. terms and conditions of the proposed statute that they should be just "Be it resolved by the general assembly of Ohio, That the members of and reasonable. the general assembly of Ohio believe that President Roosevelt was right PROVIDED IN SIXTEEN STATES. when he recommended to Congress that a law be passed 'conferring In every one of the sixteen States of the Union where railroad com upon some competent administrative body the power to decide, upon the missions or other officials have been authorized and empowered to fix case being brought before it, whether a given rate prescribed by a rail rates and prescribe regulations, suitable provisions have been made for road is reasonable and just, and if it is found unreasonable and unjust, a review by the courts of all such orders. then, after full investigation of the complaint, to prescribe the limit Such was the previous discussion, and such the character of legisla of rate beyond which it shall not be lawful to go, the '' maximum reason tion on the subject in the different States, and such the character of all able rate," as it is commonly called, this decision to go into effect within the bills that had been introduced when the Hepburn bill made its a reasonable time, and to obtain from thence onward, subject to review appearance. . by the courts.' " Like all the other bi1ls, it conferred the rate-making power, as " SEc. 2. That we commend the wisdom of such legislation by the recommended by the President, on the Interstate Commerce Commission, Congress of the United States, and request the Senators and Members but unlike every similar statute enacted in the various Statt>s and un of the House of Representatives from Ohio, in Congress, to vote for the like every other similar bill introduced in Congress, and in direct CQn passage of a law containing such provisions. flict with the utterances of the President and every other person Who " SEc. 3. That copies of this resolution be sent to tile Senators and had spoken for him, it not only fails to provide for a review by the Representatives of Ohio, in Congress, by the secretary of state. courts, but it is intentionally so drawn, as some of its leading advocates "C. A. TIIOMPSON, acknowledge, as to prohibit such a review, not only upon the petition · "Speaker of the House of Rep7-esentatives. of the carrier, but also upon the petition of the shipper or any other (( JA!'.UJS M . WILLI.AJ\:IS, person or community interested or affected by the' orders of the Com u Preside-nt pro tempore of the Senate. mission. "Adopted February 23, 1906." ALL ELSE OVERSHADOWED. WHY HE DELAYED A.J."' NEW HAMPSHIRE. MICHIGAN. Horace French to be postmaster at We t.. Lebanon, in the Samuel Adams to be postmaster at Bellaire, in the county of county of Grafton and State of New Hampshire, in place of Antrim and State of Michigan. _ Horace French. Incumbent's commission expires May 9, 1906. Clayton L. Bailey to be postmaster at M:+ncelona, in the NEw YORK. county of Antrim a_nd State of 1\Iichlg::m. . Volney I. Cook to be postmaster at Belfast in the county of Thaddeus B. Bruley to be postma~te~ at Manchester, m the T • . ' j county of Washtenaw and State of M1eh1gan. Allegany :;nd Sta~e ?f JSew. York, m place of Volney I. Cook. J. :Murk Harvey, jr., to be postma ter at Constantine, in the Incumbents COlllllllSSlon e:s:ptred February _10, 19~6. county of st Joseph and State of Michigan. Owen E. Hayes to be p~stmaster at Camlllu • m the co~mty _of Richard M. Johnson to be postmaster at Middleville, in the Ono?daga and State of New York. Office became Presidential county of Barry and State of 1\fichigan. Apnl 1, 1906. . Jay C. Newbrough to be postmaster at Greenville, in the George llealy to be postma ter a~ Hancock, m. t~e county of county of Montcalm and State of Michigan. Delaware and State of New York, m place of Wilham A. Hall. Incumbent's commission expires April 30, 1906. MONTA~A. NORTH DAKOTA. · George W. Huffaker to be postmaster at Helena, in the Floyd C. White to be postmr.<::.ter at Donnybrook, in the county county of Lewis and Clark and State of Montana. of Ward and State of North Dakota. Office became Presiden NEBRASKA. tial January 1, 1906. Frank M. Kimmell to be postmaster at McCook, in the county OHIO. of Red Willow and State of Nebraska. W. Sherman Hissem to be postmaster at Loudonville, in the NEW H.Al\IPSHIBE. county of Ashland and State of Ohio, in place of W. Sherman Frank B. Williams to be postmaster at Enfield, in the county Hissem. Incumbent's commission expired February 13, 1906. of Grafton and State of New Hampshire. · Mary Sivalls to be postmaster at Woodville, in the county of SOUTH C.A:ROLI~A. Sandusky and State of Ohio. Office became Presidential April B. J. Hammet ·to be postmaster at Blackville, in the county, 1,1906. of Barnwell and State of South Carolina. Enoch S. Thomas to be postmaster at Jackson, in the county WISCONSIN. of Jackson and Stat~ of Ohio, in place of Mark Sternberger, Nels Nelson to be postmaster at Washburn, in the county of resigned. Bayfield and State of Wisconsin. PE~XSYLVANIA. WYO)IING. Edwin G. McGregor to be postmaster at Burgettstown, in the Elmer T. Beltz to be postmaster at Laramie, in the county of county of Washington and State of Pennsylvania, in place of Albany and State of Wyoming. Edwin G. McGregor. · Incumbent's commission expires 1\lay 2, 1906. Berllllrd Wendell to be postmaster at Lyndora, in the county ISLE OF PINES. v:t Butler and State of Pennsylvania. Office became Presiden The injunction of secrecy was removed April 5, 1906, from tlt\1 April 1, 1906. Executive Document No. 2, Fifty-ninth Congress, first se~ion, VIRGINIA. . being a letter relating to the Isle of Pines. Charles P. Nair to be postmaster at Clifton Forge, in the county of Alleghany and State of Virginia, in place of Charles P. Nair. Incumbent's commission expired March 15, 1906. HOUSE OF REPRESENTATIVES. WISCONSIN. THURSDAY, April5, 1906. Henry Kloeden to be postmaster at Mayville, in the county of Dodge and State of Wisconsin, in place of Charles R. Hender The House met at 12 o'clock noon. son. Incumbent's commission expired March 5, 1906. Prayer by the Chaplain, Rev. HENRY N. CoUDEN, D. D. The Journal of the proceedings of yesterday was read and approved. CONFIRMATIONS. CELEBRA..TION OF BIRTH OF BENJAMIN FRANKLIN. Executive nO?ninat-ions confirmed by the Senate April 5, 1906. The SPEAKER. The Chair lays before the House, without objection, the following invitation. DISTRICT COMMISSIO ~ER. The Clerk read as follows : Henry B. F. Macfarland, of the District of Columbia, to be a The American Philosophical Society has the honor to invite the Commissioner of the District of Columbia for the term of three Honse of Representatives to lY:! represented at the celebration of the ;rears from l\1ay 5, 1906. two hundredth anniversary of the birth of its founder, Benjamin Frank· lin, to be held in Philadelphia, on April 17, 18, 19, and 20, 1906. COLLECTORS OF CUSTOMS. IxDEPENDE~CE SQUARE, Novembe1·, 1903. Benjamin B. Brown, of Pennsylvania, to be collector of cus The SPEAKER. Without objection it will be laid upon the toms for the district of Erie, in the State of Pennsylvania. table. By authority of the concurrent resolution of the House John A. :Merritt, of New York, to be colled.'"Jr of customs for and Senate, the Chair appoints the following committee. the district of Niagara, in the State of New York. The Clerk read as follows : POSTMASTERS. Mr. OLMSTED of Pennsylvania (chairman), Mr. ST.FJVENS of Minne COLORADO. sota, Mr. COUSINS of Iowa, Mr. WATSON of Indiana, Mr. FASSETT of New York, Mr. HoAR of Massachusetts, Mr. SMITH of Maryland, Mr. Frank l\1. Reardon to be postmaster at Victor, in the county Pou of North Carolina, Mr. RYAN of New York, and Mr. WATKINS of of Teller and State of Colorado. Louisiana. FLORIDA. EULOGIES ON THE LATE REPRESENTATIVE CASTOR AND REPRESENTA William F. Barrett to be postmaster at Dunnellon, in the TIVE PATTERSON OF PENNSYLVANIA.. county of Marion and State of Florida. Mr. ADAMS of Pennsylvania. Mr. Speaker, I ask unanimous GEORG H. consent for the present consideration of the following order, William F. Boone to be postmaster at Baxley, in the county which I send to the Clerk's . desk. of Appling and State of Georgia. The Clerk read as follows : De Witt C. Cole to be postmaster at 1\!arietta, in the county Ordered, That the order made in the House March 7, Hl06, be of Cobb and State of Georgia. amended so as to read: That a session of the House be held on Sunday, April 22, 1906, and that the day be set apart for addresses on the Henry B. Sutton to be postmaster at Ocilla, in the county of lives, characters, and public services of Ron. GEORGE A. CASTOR and Irwin and State of Georgia. Ron. GEORGE R. PATTERSON, late Representatives from the State of ILLINOIS. "Pennsylvania. Harrison P . Nichols to be postmaster at Maywood, in the The SPEAKER. Is there objection? county of Cook and State of Illinois. There was no objection. Zachary Taylor to be postmaster at Colfax, in the county of The order was agreed to. McLean and State of Illinois. TERMS OF CillCUIT AND DISTRICT COURT IN ALABAMA.. IOWA. 1\Ir. UNDERWOOD. 1\fr. Speaker, I understand under the James T. Ellis to be postmaster at Panora, in the county of order of the House in the debate yesterday there was a bill Guthrie and State of Iowa. before the House upon which the previous question was ordered. Roman C. White to be postmaster at Glenwood, in the county I think the only question before the House is the question of the of Mills and State of Iowa. division on that proposition.