1914. CONGRESSIONAL RECORD-~ SENATE. 13657~
By Mr. KINKEAD of New Jersey: Concurrent resolution Also, letter from Rev. C. E. Torrance, of Ticonderoga, N. Y., (H. Con. Res. 45) authorizing the printing of 17,000 copies of in behalf of the congregation of the .:\Iethodist Episcopal Church, the proceedings upon the unveiling of the statue of Commodore favoring national prohibition; to the Committee on Rules. John Barry in Washington, .May 16, 1914; to the Committee on By Mr. O'SHAUNESSY: Petition of Anna Williams and Printing. · others, of Pro\ldence, R. I., favoring national prohibition; to the Committee on Rules. PRIVATE BILLS AND RESOLUTIONS. Also, petition of Julia K. Smith, of Kewport, R. I., favOiing the Bristow-Mondell resolution enfranchising women; to the Under clause 1 of Rule XXII, private bi11s and resolutions Committee on the Judiciary. were introduced and severally referred as follows: Also, petition of the New England Shoe and ::!:Jeather Associa-· By Mr. BROCKSON: A bill (H. R. 18340) for ~e relief of tion, protesting against passage of antitrust bills at this session Isaac T. Cooper; to the Committee on Military Affaus. of Congress; to the Committe~ on the Judiciary. . Also a bill (H. R. 18341) granting an increase of pension to Also, memorial of the American Optical Association, favoring John C. Short-; to the Committee on Invalid Pensions.. the passage of House bill 13305, the Stevens standard-price bill; By Mr. FOWLER: A bill (H. R. 18342) granting an mcrease to the Committee on Interstate and Foreign Commerce. of pension to. John Turner; to the Committee on Invalid Pen Also, petitions of the Wilsey Grain Co., of Lincoln, Nebr. ; sions. the E. E. Rvahen Grain Co., of Kansas City; the Schreiner By Mr. GUDGER: A bill (H. R. 18343) granting a pension to Grain Co., the Toberman Mackey Co., and the Ballard-Messm.ot·c James B. Anders; to tlte Committee on Pensions. Grain Co., of St Louis, l\Io.; the Baker & Holmes Co., of Jack By Mr. H~IMOND: A bill (H.. R. 18344) grantin~ an in sonville, Fla.; the Pollock Grain Co., of Middle Point, and the ' crease of pension to Erasmus D. Miller; to the Comnnttee on Goemann Grain Co., of Mansfield, Ohio; and W. P. ·Anderson Invalid Pensions. & Co., of Chicago, Ill., favoring passage of the Pomerene bill By .Mr. KIESS of Pennsylvania: A bill (H.. R. 18345) gr.anting of-lading bill; to the Committee on Interstate and Foreign Com a pension to Hannah E. Bush; to the Committee on Penswns. merce. By Mr. LANGLEY: A bill (H. R. 18346) for th~ relief of Also, petitions of Irving Winsor and others, of Greenville, Rachel Preston, administratrix of the estate of Martm Preston, R. I., favoring national prohibition; to the Committee on Rules. deceased· to the Committee nn War Claims. By Mr. REILLY of Connecticut: Petition of the Bridgeport By M/ McGILLICUDDY: A bill (H. R. 18347) grantin~ an (Conn.) Manufacturers' Association, protestng against the ex increase of pension to Sarah D. Edwards; to the ComiDlttee tension of parcel-post weight limit; to the Committee on the· on Invalid Pensions. Post Office and .Post Roads. - By Mr. OLDFIELD: A bill .(H. R. 18348) granting an in By Mr. STEPHENS of California: Memorial of the City crease of pen¢on to Lucy Brokaw·; to the Committee on In\alid Council of Los Angeles, Cal., indorsing House resolution 5139, · Pensions. relative to retirement of civil-service employees; to the Coru By Mr. ROBERTS of Massachusetts: A bill (H. R. 18349) for mittee on Reform in the Civil Service. the relief of the widow of Frank J. Sargent, deceased; to the Also, petition of the Vincent Methodist Brotherhood, of l;os Committee on Claims. Angeles, Cal., favoring national prohibition; to the Committee By Mr. SLAYDEN: A bill (H. R. 18350) for the relief of on Rules. Cynthia E. Jett; to the Committee on War Claims. Also, memorial of 65 parishes of the Episcopal Church in By Mr. STEPHENS of Texas: A bill (H. R. 18351) for the southern California, favoring the Palmer-Owen child-labor bill; relief of J. C. Elliott; to the Committee on War Claims. to the Committee on Labor. By Mr. TEN EYCK: A bill (H. R. 18352) granting a pension By Mr. YOUNG of North Dakota: Petitions of 30 citizens o.f to Isaac Kestbaum; to the Committee on Invalid Pensions. Fenwick, 70 citizens of Braddock, 50 citizens of Lehr, 140 citi Also, a bill (H. R. 18353) for the relief of Alfred D. Brink; zens of Roth, 90 citizens of Wishek, 40 citizens of Monango, 75 to the Committee on Military Affairs. , citizens of Ellendale, 30 citizens of Silver Leaf, 30 citizens of By Mr. WOODS: ~ bill (H. R. 18354) granting an increase Ludden, and sund1·y citizens of Napoleon, all in the State of of pension to James Patrick; to the ComJ,Uittee on Invalid North Dakota, favoring national prohibition; to the Committl:.'<: Pensions. · on Rules. By Mr. GREGG: Resolution (H. Res. 591) referring certain claims to the Court of Claims for finding of facts and con clusions of law under section 151 of the act of Ma~·ch 3, SENATE. 1911, entitled "An act to codify, revise, and amend the laws relating to the judiciary"; to the Committee on War Claims. THURSDAY, August 13, 1914. (Legislative day of T1tesday, A.ug1tst 11, 1914.) PETITIONS, ETC. The Senate reassembled at H. o'clock a. m. on the expiration of the recess. Under clause 1 of Rule XXII, petitions and papers were laid EXECUTIVE SESSION. on the Clerk's desk and referred as follows: The VICE PRESIDENT. Pursuant to the o.cder of the Senate, By Mr. ESCH·: Petition of the Central Federated Union of the Sergeant a~ Arms will clear the galleries and close the New Yoi:k City, favoring passage of House bill 10735, to create doors. a bureau of labor safety in the Department of Labor; to the The galleries having been cleared and the doors closed, the Committee on Labor. Senate resumed the consideration of executive business. After By Mr. FESS: Petition of the Clinton County (Ohio) Teach 5 hours and 18 minutes spent in executive session the doors were ers' Association, fa\oring national prohibition; to the Com reopened. mittee on Rules. While the doors were· closed, as in legislative session, Also, petitions of 64 citizens of Wilmington, Ohio, protesting against national prohibition; to ·the Committee on Rules. PURCHASE. OF SILVER BULLION. By Mr. GOOD: Petition of the Sioux VaHey Medical Asso Mr. SMOOT. I ask unanimous consent to introduce a bilJ, it ciation, relative to House bill 6282, the Harrison antinarcotic being a matter of emergency. . . bill; to the Committee on Ways and Means. The bill (S. 6261) authorizing the Secretary of the Treasury . By Mr. HELVERI~G: Petitions of 24 members of the United to purchase not to exceed 25,000,000 ounces of silver bullion, Brethren Church of Minneapolis, Kans., and 36 ~embers of the and for other purposes, was read twice by its title and referred Christian Church of Hope, Kans., favoring national prohibition; to the Committee on Finance. to the Committee on Rules. REGISTRY OF FOREIGN-BUILT VESSELS (S. DOC. NO. 564.) By Mr. KIESS of Pennsyl\ania: Petition of sundry citizens Mr. O'GORMAN submitted the following report: of the fifteenth congressional district of Pennsylvania, fa\oring national prohibition; to the Committee on Rules. The committee of conference on the disagreeing votes of the By 1\Ir. LONERGAN: Petition of Mr. Warren D. Chase, of two Houses on the amendment of the ~enate to the bill {H. R. Hartford, Conn., favoring House bill 13305, Stevens standard 18202) to provide for the admission of foreign-built ships to price bill; to the Committee on Interstate and Foreign Com .American registry· for the foreign trade, and for other puq1oses, merce. having met, after full and free conference ha\e agreed to By Mr. MERRITT: Letter from Mr. Frank W. Ames, of recommend and do recommend to the~r respecti Ye Houses as Morristown, N. Y., in behalf of the Young People's Society for follows: . Christian Endea\or of the Presbyterian Church of Morristown, That the House recede from its disagreement tn the amend favoring national prohibition; to the Committee on Rules. ment of the Senate and ngree to the same witll the following };J658 CON GRESS ION AL RECORD-SEN.A5l,E .. AUGUST_ 13,
.amendment: In lieu ..:of :the matter proposed by the Senate in S. 5278. An act granting ·pensions 11nd increase of pensions sert -the following : to ·certain soldiers nnd sailors of the 'Regular Army n.nd .NnTy " That section 4132 of the "Revised Statutes ()f the United and of wars other than the ·CiviJ War, and to certain" widows States ,as amendet.l by the act ·entitled 'An act to provide for and dependent relati~es of su~h soldiers ·and snilors; the opening, main:tennnce, -protection, and operation •of the S. 5501. An act granting pensions and increase of pensions Panama Canal and the sanitation and goTernment of the Canal to certain soldiers and sailors of the Regular Army and Navy :zone,' -approved August 24, 1912, is hereby amended o that said· and of wars other than the Ch·il War, and to certain widows :ction as amended shall read as follows: and dependent relatives of such soldiers and sailors; and "'SEc. 4132. Yessels built withln the United Stntes :mu s. 5899. An act granting pensions and increase of pensions belonging wholly to ·citizens thereof; and vessels which may .to certain soldiers and SILilors of the Regular Army and Xn vy be cu.ptured in ·war by citizens of the United States and law and of wars other than the Clril WRr. and to certain widows fully condemned as prize, or which may be adjudgad to ·be and dependent relatives of such .soldiers and sailors. forfeited for a breach of the ·laws of the United States; and After the doorR we1·e reopened, seagoing vessels, whether steam or sail, -which llaTe been certi fied by .the Steamboat-Inspection Service as safe to carry dry AMERICAN-HAWAIIAN STEAMSHIP CO. .and :perishn ble cargo, where\el' built, which are to engttge Mr. CULBERSON obtained the floor . only .in trade with foreign countries or with the Phi1ippine Mr. JONES. Mr. President, I ask the Senator from Texns Islands and the island of Guam and Tutuila, being wholly ~o yield to rue fo.r just a moment to haYe a short te!egram read owned ·by citizens of the United States or corporations organ mto the RECORD m answer to a statement .that wns put into the , ' ized and charterea under the laws of the United States ·or of RECORD the other day in a telegram which I submitted with any State thereof, the president aud managing directors of reference to the American-Hnwaiian Steamship Co. wllich shall be citizens ()f the United .states, and no others, Mr. CULBERSOX Very well. , may be registered as (]lrected in this title.' M:r. JO~'ES. I think it but justice that this telegram should "Foreign-built -vessels ·may engage in the coastwise trade if be read and plReed in the RECORD. registered pursu::mt to the ·provisions of this act within two The VICE PRESIDK.~T. In :the absence of objection, the years from its passage: Pro,;i-ded, That such Tes els so ad Secretary will read ns -requested. JDitted under the provisions of this section may contract with The Secretacy read as foJ1ows: the Postmaster Genernl under the act of March 3, 1891, en N.mv Ymm, A.tlUUBt n, 191~. titled • An act to provide for ocean mail service between .the WESLET 'L. JONES, ·washinoton, D. C.: United States and foreign ports and to promote commerce: We beg to emphatically deny the report that we have -given all of the lumber space in our .ships to one concern. We are ready to take lumber ;so long a.s such ves els shall in all respects comply with the from anyone when our service is established. · provisions and requirements of said ac.t. AMERICAN-HAWAIIAr\ STEAMSHIP ·Co.
"SEc. 2. Whenever .the 'President of the United States sha11 AMELIA. ERICKSO~. find that the number of available persons qualified under now existing laws and regulations of the 1United States to fill the .1\Ir. STERLING. Mr. President-- i-e pecti\e positions of watch officers on ves els admitted to The VICE PRESIDENT. Does the Senator from Texas yieltl registry by this art is insufficient, he is authorized to SUS}Jend to the "Senator from South Dakota! by order, so far and for such time as he may find to be neces Mr. CULBERSON. For what purpo e? sary, the pro\isions of law prescribing that all the watch 1\lr. STERLING. lf the Senator will yield to me, I should officers of vessels of the Uuited States registered for foreign like to submit a re olution and have it referred to the Com· trade shall be citizens of the United States. mittee to Audit and Control the Contingent Expense of the " Whenever, in the judgment of the Pr('.sident of the United Senate. States, the needs of foreign commerce may require, he is also n:he VICE PRESIDID>."T. ls there any objection? hereby authorized to suspend by order, so fur and for ·such l\lr. CULBERSON. I do not object. 'length of time as be mny deem desirable, the provisions ·of the The resolution, S. Res. 440, ·was Tcad and referred to the law requiring survey, inspectioo, and measurement by officers Committee to Aullit and Control the Contingent Expenses of of the United States of foreign-built \essels admitted to Ameri the Senate, as follows: r.an registry under this act. R;eso_lvetl, That. the ~ecretary of the 'Senate be, anil be hereby is, nutno~l.Zed and dn·ectetl to pay to Amelia Erickson, widow of John " SEc. 3. With the consent of lhe President and during the L. Ertekson, late a mes.st>nger to Senator £TERLI~G, a sum equal to six: continuance of hostilities in Europe, any ship chartered by the months' salary at the rat!' he was receiving by law at the time of his den th, said ·sum ·to be considered as in lieu of funeral expenses nnd American Red Cross ·for relief purposes shall be admitted to other UllOW!l.D.CCS. American registry under the _provisions of this act and shall BILL INTRODUCED. be entitled to carry the American flag. And in the operation of nny -such ship the .President is authorized to suspend tb~ 'laws A bill was introduced, read the first time, and, by unanimous requiring American officers, i,f such officers are ·not readily consent, the second time, and referrea as follows: available. .By 1\lr. BURTON : " SEc. 4. This act shall take effect immediately." A bill ( S. 6262) ·granting an increase ·of pension to Robert De Gray; to the Committee on Pensions. .JAMES A. O'GORM.AN, J. R. THORNTON, PROPOSED ANTITRUST I.EGISLATIO)I', JOHN K. SHIELDS, unfinished WILLIAM E. BOBAU, Mr. CULBERSON. I ask that the bu •ine b proceeded with. J1 anagors on the pat"t of the Senate. The Senate, as in Committee of the Whole, resumed the <'OD· ALEXANDEn, J. W. sideration of the bill (H. R. 15057) to supplement -existing luws RuFus HARDY, against unlawful restraints and monopolic , and for other 0. W. UNDERWOOD, purposes. Mruw.gars on part of Jiouse. the ·the Mr. CULBERSON. I ask unanimous consent that the formal reading of the bill may rbe dispensed with. Mr. O'GORMAN. I .ask that tlie conference repo:ct may lie on the table and be printed. The VICE PRESIDENT. And that the bill be read for amendment? The -PJtESIDIXG OFFICER {Mr. LEA of Tennessee in the chair). The conference report will lie on the table and be .1\lr. CULBERSON. I will bring that que tion up later, Mr: printed. President. . I · desire to pre ·ent .one propo ition at a time. PRESIDEN~ APPROVALS. 1\Ir. SMOOT. Mr. President, if ''--e proreed with ew 1Ji11 at all. after the formal reading has been dispensed with, it will -A message from the PrPsident of the United States, by llr. be for the consideration of committee amendment , and I think Latta. executive clerk. announced that the President had ap the Senator from Texns ought to include that in his request. proved and signed the following acts: Then, of course, Any Senator can speak on any amendment. On August 13, 1914: The VICE PRESIDEXT. As the Chair recalls, the Senator S. 4623. An act extendlnrr the period of payment under recla from Texns hHs once before .preferred ·the same request. n.nll mation projects. and for other purpo es; there wns objection. S. 4n69. i\.n net granting pensions and increase of pensions Mr. CULBERSO .... By the Senator from New Hampshire to certain soldi('rs and sailors of the Regular Army and NaY"y .(Mr. GALLINGER]. and of wars other than the Civil War, and to certain widow l\1r. NELSON. The Senator from New Hamp hire object€'d. and dependent relativE> of ~uch oldiers and ·ailors.; The Chn.ir J ~ con·ect in that tatemcnt. 1914. CONGRESS! ON AL RECORD-SEN ATE. 13659
lllegal combinations or conspiracies in restraint of trade, under ilie The VICE PRESIDE!\~. The Senator from New Hampshire antitmst laws. objected. Nothing contained in the antitrust laws shall be construed to forbid ~Jr. NELSON. And in view of his objection and on his ac associations of traffic, operating, accounting, or other officers of com: count, I shall have to object now. mon carriers for the purpose of conferring among themselves OI' of making any lawful agreement as to any mattet· which is subject to the Mr. CULBERSON. I do not think the Senator from New regulating or supervisory jurisdiction of the Interstate Commerce Com Hampshire would object if he were present; but in view of the mission, but all such matters shall continue to be subject to such juris diction of the commission, and all such agreements shall be entered objection of the Senator from Minnesota, the bill must be read. and kept of record by the carriers, parties thereto, and shall at aU The VICE PRESIDENT. . The Secretary will read the bill. times be open to inspection by the commission, but no such agreement The Secretary read the bill, as follows : shall go into effect or become operative until the same shall have first Be it enacted, etc., That "antitrust laws" as used herein includes been submitted to, and approved by, the Interstate Commerce Commis the act entitled "An act to protect trade and commerce against un sion : Provided, That nothmg in this act s-hall be constmed as modify lawful restraints and monopolies." approved July 2, 1890; sections 73 ing existing laws prohibiting the pooling of earnings or traffic ot· ex: to 77, inclusive, of an act entitled "An act to reduce taxation, to pro !sting laws against joint agreements by common carriers to maintain vide revenue for the Government. and for other purposes," of August rates. 27. 1894; an act entitled "An act to amend sections 73 and 76 of the SEC. 8. That no corporation engaged in commerce shall acquire, act of August 27. 1894. entitled 'An act to reduce taxation, to provide directly or indirectly, the whole or any part of the stock or other share revenue for the Govemme!'lt, and for other purposes,' " approved Feb capital of another corporation en~aged also in commerce, where the ruary 12. 1913 : and also this act. effect of such acquisition is to elitnlnate or substantially lessen com " Commerce " as used herein means trade or commerce among the petition between the corporation whose stock is so acquired and the several States and with foreign nations. or between the District of corporation making the acquisition, or to create a monopoly of any Columbia or any Territory of the United States and any State, Terri line of trade in any section or community. tory, or foreign nation. or between any insular possessions or other No corporation shall acquil'e, directly or indirectly, the whole or any places under the jurisdiction of the United States. or between any part of the stock or other share capital of two or more corporations such posses:;ion or place and any State or Territory of the United engaged in commerce where the effect of such acquisition. or the use of States or the District of Columbia or any foreign nation, or within such stock by the voting or granting of proxies or otherwise, is to the District of Columbia or any Territory or any insular possession or eliminate or substantially lessen competition between such corporations l)ther place under the jurisdiction of the United States. or any of them, whose stock or other share capital is so acquired, or to The word ''person" or "persons" wherever used in this act shall create a monopoly of any line of trade in any section or community. be deemed to include corporations and associations existing under or This section shall not apply to corporations purchasing such stock authorized by the laws of either the United States, the laws of any solely for investment and not using the same by voting or otherwise of the Territories, the laws of any State, or the laws of any foreign to bring about, or in attempting to bring about, the substantial lessen country. ing of competition. Nor shall anything contained in this section pre SEc. 2. That any person engaged in commerce who shall, either vent a corporation engaged in commerce from causing the formation directly or in
113660 CONGRESSION.AL RECORD-SEN ATE. AuousT 13,
ing in this section shall apply to mutual savings banks not bavtng a ing ·at the earliest p.ossible time and shall take precedence of at! mat capital stock represented by shares: Prodded further, That a dirt>ctor ters except older matters of the same character; and when the same or other officer or eruploy.-e of such b-an!z banking association, or trust comes up for bearin~ the party obtaining the temporary restraining companv may be a director or other omcer or employee of not more order shall proc(>ed with his application for n pt'(>liminary injunction, than one other bank or trust company organized under the laws of the and if be does not do so th(> court shall dissolve his tempot·ary r·estmin United Stutes or any State where the entire capital stock of one is ing or~er. Upon two days' notice to the party obtaining such temporary own(>d by stockholders in the other: An.d pro.,;ided frlrther, That noth- l'(>Straming order the opposite party may appear and move tbe dissolu ing contained in this section shall forbid a director of class A o.f a tion or modification of tbe o.rder, and in that ~vl."nt the court or jLtC:lge Ft'dcral reserve hank, as defined in the Federal r·eserve act, from being shall proceed to bear and determine the motion as expeditiousl,y as an officer or director, or both an officer and director, in one member the ends of justice may require. bank. Section 263 of an act entitled "An act to codify, revise, and amend I That from and after two years from the date of the appro\al of this the laws relating to the judiciary," app1·oved March 3, 1911, is hereby act no person at thl' same «me shall be a director in any two or more repealed. corporations, either of which has capital. surplus, and undivided profits Nothing In this section contain~:>d shal1 be deemed to alter, t·epenl, or aggregating more than $1.000.000, engaged in whole or in part in colll· amend section 266 of an act entitled '·An act to codify, reviAe, and me1·ce, other than ct>mlll()n carriers subjeet to the act to regulate eom- amend tbe laws relating to the judiciary," approved l\l;ucb 3, 1911. merce, approved February 4, 1887, if such corporations are or shall SEC. 16. That, except as otherwise provided in se~tion 14 of thJs act, have been theretofore, by virtue of their business and location of op- no restraining order or interlocutory ordel' of injunction shall issne, e.ration, competitors, so that an elimination of competition by agree- except upon the giving of s~curity by the applicant In sneb sum as the ment between tllem would constitute a violation of any of the pro- court or judge may deem proper, conditioned upon the payment of such Vis:ons of any of the antitr-ust laws. Tbe eligibillty of a director under costs and damages as may be Incurred m· suffered .bY any party who the foregoing provision shall be determined by the aggregate amount may be found to have bPen wrongfully ~:>njoined ot• restraint>d then•by. of capital, surplu • and undivided profits, exclusive of dividends de- SEc. 17. That every order of injunction or restraining ot·der shall set clared but not paid to stockbold~:>rs, at the end of the fiscal year of forth tbe rf'asons for the issuance of the same, shall be specific in said corporation next preceding the election of directors, and when a terms, and shall desctibe in reasonable detail, and not by reference to director bas bren elected in accordance with th~ provisions of this act the bill of complaint or other do.cument, the act or acts sought to be it Ahall be lawful for him to continue as such for one year thereafter. restrained, and shall be biuding only upon the parties to the suit, their When any person elected or chosen as a director or officer or selected agents, servant , employE'es, and attorneys, or those ln active concert as an employee of any bank or oth~:>r corpora.tion su_bject to the .Provi- with them, and who shall, by personal service or otherwise, have re sions of this act Is eligible at the time of his election or selection to ceived actual notice of the same. act for such bank or other corporation in such capacity his eligibility SEC. 18. That uo restraining order or injunction shall be :;-t-anted by to art In such capacity shall not be affected and he shall not become any court of the United States, or a judge or the judges thereof, in or be deemed amenable to any of the provisions hereof by reason of any case between an employer and employees, or between. employers and any change in the affairs of such bank or other corporation from what- employees, or between (>mployees, or tx>tween persons em{}loyed and per St>ever cause, whether specifically excepted by any of the prt>vlslof:!S sons seeking employmen~ involving, or growing out of, a dispute eon· hereof or not. until the expiration of one year from the date of his cerning terms or eondinons1 of employment, unless necessary to pre election or employment. vent in·eparablfr injury to property, or to a property right, of the party That any person who shall violate any of the provisions of thls sec- making the appUrntion, for which injury there is no adequate remedy tion shall be guilty of a misdemeanor and shall be punished by a fine at law, and such property or property right must be described with of not exceeding $100 a day tor each day of the continuance of such particularity in the applieation, whlch must be in writing and sworn violatiQn, or by imprisonment for such period as the court may desig- to by the applicant or by his agent or attorney. nate, not exceeding one year, or by both, in the discretion of the court. And no such restrainin~ order or injunction shall prohibit any person SEc. 10. That any suit, action, or proceeding under the- antitrust or persons from terminatwg any relation of employment. or from ceas laws againAt a corporation may be brought nt>t only in the judicial lng to perform any wol'k or tabor or from recommending, advising, or 'district wb~:>reof it ts an inhabitant, but also in any district wherein it persuading othe111 by peaceful means so to do; or from attending at or may be found or has an agent. near a house or place wbere any person reAides or wor·ks, or cat·ries SEc. 11. That in any suit. action, or proceeding broogbt by or on on business or happens to be. for the purpose of peacefully obtaining behalf of the UnitPd StatPs subprenas for witnesses who are requirl:'d or communicating information, or of p(>acefully persuad1ng any person to attend a court of the United Statse in any judicial district in any to work or to abstain from working; or from ceasing to patronize or case, civil or criminal, arising under the antitrust laws may run into to employ any party to such dispute, or from recommending, advising, any other district: Provided, That in civil cases no writ of subprena or persuading other by peucefuJ means so to do ; or from paying or shall issue for witnesses living out of the district In which the court giving to, or withholding from, any pt>rson engaged In such dispute, is held at a greater distance than 100 miles from tbe place of holding any strike benefits or other moneys or things of value; or from peace the same without the permission of the trial court being first had upon ably assembling at any place in a lawful manner, and for lawful pm· pl·oper application and cause shown. poses; or from doing an}' net or thing which might lawfully be done SEc. 12. That wheneYer a corporation shall violate any of the pro- in the absence of such dispute by any party thereto; nor shall any ot visions of the antitrust laws, such violation shall be deemed to be also the acts specified in thls paragraph be considered or held unlawful. that of t~ individual directors, officers, or agents of such corporation SEc. 19. That any person who shall willfully disobey any lawful who shalJ have authorized, ordered, or done any of the acts constitut- wr·it, process, order, rule, decree, or command of any district court ing in whole or in part such violation, and sucb violation shall be of the United States ol' any court of the Dlstrict of Columbia by doing deemed a misdemeanor, and upon conviction therefor of any such any act or thing therein, or thereby ft>rbldden to be done by him. if director, officer. or agent he shall be punished by a fine of not exceeding the act or thing so done by him be of such character as to constitute $5.000 or by imprisonment for not exceeding one year, or by both, in also a criminal offense under any statute of the United States, or at the discretion of the court. common law, shall be proceeded against for his said contempt as here· SEc. 13. That the several district courts of the United States are tnafter provided. hereby invested with jurisdiction to prevent and remain Vio1ations of Sec. 20. That whenever it shal1 be made to appear to any district this act, and It shall be the duty of the several district attorneys of cou1·t or judge thereof, or to any judge therein sitting, by the retUl'n the UnitE'd States. in their respt>etive districts, under the direction of of a proper officer on lawful process, or upon the affidavit of some the Atto1·ney General, to institute proceedings in equity to prevent credible person, or by informatiOn filed by any district attoi'Dey, that and restrain sucb violations. Such proceedings may be by way of petl- th~:>re is reasonable ground to believe that nny person has been gnllty tion setting forth the case and praying that such violation shall be of such contempt, the court or judge the1·eof, or any judge therein enjoined or otherwise prohibited. \\hen the parties complained -of sitting, may is ue a rule requiring th~ said person so charged to show shall have been duly notified of such petition. the court shall proceed, cau e upon a day certain why he should not be punished therefor which as s.oon as may be, to the hearing and d~.>termination of the case; and rule, together with a copy of the affidavit or information, nail1 be pending sucb petition, and before final decree, the court may at any served upon the person charged, with sufficient promftness to enable time make such temporary restraining order or prohibition ns shall him to prepare for and make return to tbe order a the time fixed be deemed just ln the premises. Whenever It shall appear to the court therein. It upon or by such return, in the judgment of the court, before which any such proceeding may be pending that the ends of jus- the alleged contempt be not sufficiently ~mged, a trial sball be directed tice r·equire that otb~:>r parties should be brought before the court, the at a time and place fixed by the court: Provided, lwtoever, That if the court may cause them to be summoned, whether they reside in the dis- accused, being a natural person, fail or refuse to make return to the trict in which the court is held or not, and s11bprenas to that end may role to show cause an attachment may issue against his person to com be served ln any district by the marshal thereof. . pel an answer, and in case of his continued failure or r·efusal, or 11' for SEC. 14. That any person, firm, corporation, or association shall be any reason It be impracticable to dispose of the matter on the return entitled to sue for and have injunctive relief, in any court of the United day, be may be required to give reasonable ball for his attendance at States having jurisdiction over the parties, against threatened loss or the trial and his submission to the final judgment of the court. Where damage by a vi{)lat1on of the antitrust laws when and under the same the accused person is a body corporate, an attachment for the seques conditlons and principles as lnjuncHve relief against threatened con- tration of its property may be issued upon like refusal or failure to duct that will cause loss or damage is granted by courts of equity, under answer. the rules governing such proeeedings, and upon the execution of proper In all cases within the purview of this act such trial may be by the bond against dam~es for an injunction improvidently granted and a court, or, upon demand of the accused, by a jury; In which latter showing that the danger of lneparable loss or damage L"' immediate, a event the tom·t may impanel a jury from the jurors then In attendance, preliminary injunction may Issue: Pro1.'iided, That nothing herein con- or the court or the judge thereof in cham bel'S may cause a sufficient talned shall be construPd to entitle any person, firm, corporation, or number of jurors to be selected and summoned, as provided by law, to association, except the United States, to bring suit in equity for .tn- attend at thP time and place of trial, at which time a jury shall be junct1ve t·elief ag-ainst any common carrit>r subject to the provisions of selected and Impaneled as upQn a trial for misdemeanor· and sueti ·the act to regulate commen-e, approYed Febl'uary 4, 1887, in respect of trial shall conform, as near as may be, to the pt·actice in crimina~ :my matter suhJect to the regulation, supervision, or other jurisdiction eases prosecuted by indietment or upon Information. of the Interstate Commerce Commission. If the accused be found guilty, judgment t!hall be entered accord- SEc. 15. That no preliminary injunction shall be issued without ingly, prescribing the punishment, eitbl'r oy fine ot• imprisonmt.'Ilt. or notice to the opposite party. both in the di creUon of the court. Such fine shall be paid to the No temporary restraining order shall be granted without notice to United St'ates or to the complainant or other party injured by the act the opposite party unless it shall clearly appear from specific facts constitutin~ the contempt, or may, wbl't'e mo1·e than one I so dam shown by affid.avtt or by the vPrlfied bill that immediate and ir>·eparable aged, be divided or apportioned among them as the court may direct, injury, loss, or damage will result to property or a property right of but in no ca~e shall the fine to be paid to the Unit(>(l States exct>ed. In the applicant before notice could be served or hearing had thel'(>on. case the aeeused is a natural person, the sum of $1,000, nor shall sucb EYery such temporary restraining order shall be indorsPd with the date imprisonment exceE'd the term of six months. and 'hour of issuance, shall be forthwith filed ln the clerk's office and SEC. 21. That the evidence taken upon the trlal of a.Df pc'Mion so entered of record, shall define the tn:tury and state why it is lrrep- accused may oo pr~served by bill of exceptions, and any judgment of arable and why the order wns granted wtthout notice, and shall by Its conviction may be reviewed npon writ of error in all r~f)Pcts as now terms expire within such time after entry, not to exceed 10 days, as r:rovided by law in criminal cases, and may be a.ffirmrd, reversPd. or the court or judge may fix. In case a temporary restraining ord<'r snail 1 modified as justice may require. Upon the grantmg of such writ of be granted without n.otice In the contingency specified, the matter of 1 error,_ execution of judgment shall be stay(>d, and the accused, if thpreby the issu:tnCe of a prellmln:nry injunction shall be set down !oJ: a lwu'· 1 sentenced to lmprlsonment, .shall be admittf!d to bail in such reatona~le 1914. CONGRESSIONAL RECORD-SENATE. 13661 sum as may be required by the court, or by any justice, or any judge of tary of Agriculture shall not be changed or replaced within· a any di trict court of the United States or any court of the District of 1 Columbia. , period less than one year from and after the date of the SEc. 22. That nothing herein contained shall be constl'ued to relate promulgation thereof by the Secretary of Agriculture: Pro to contempts committed in the presence of the court, or o near thereto vided f'urther, That, subsequeLt to six months after the date us to obstruct the administration of justice, nor to contempt.~ commit· ted in disobedience of any lawful writ, process, order, rule, decree. or section 3 of this act becomes effective, no change or replace command entered in any suit or a.ction brought or prosecuted in the ment of any standard of any cotton established and promul name of, or on behalf of, the United States, but the same and all gated under this act by the Secretary of Agriculture shall be other cases of contempt not specifically embraced within sectlo.n 19 of this act, m3.y be punished in conformity to the usages at law and in come effective until after one. year's public notice thereo~ equity now prevailing. which notice shall specify the date when the same is to become SEc. 23. That no proceeding for eontempt shall be instituted against effective." any person unless begun within one year from the date of the act com plained of ; nor shall any such proceeding be a bar to• any criminal At the end of section 10 of the amendment insert a new para.. ' prosecution for tl1e same act or acts ; but nothing herein contained graph, as follows : shall affect any proceedings in contempt pending at the time of the "This section shall not be construed to apply to any contracfi passage of this act. of sale made in compliance with section 5 of this act." DEALING IN COTTON FUTUBES~ In section 11, line 8, of the amendment strike out "1 cent '" Mr. ASHURST obtained the floor. and insert in lieu thereof "2 cents." Mr. SMITH of Georgia. Mr. President___. In section 11, fir&t line on page 11, of the amendment strike Mr. ASHURST. I yield to the Senator from Georgia for a out "quality" and insert in lieu thereof "quantity." moment. In section 20, line 9, of the amendment strike out " and'' Mr. SMITH of Georgia. The conference report on Senate preceding " to." bill 110, regulating the dealing in cotton futures, was presented In section 20, line 10, of the amendment strike out " per.. to the Senate by me on July 24 and ordered to lie on the table manent." 1 and to be printed in the RECORD. I move that we now take it In section 20, line 12, strike out " and he shall " and inserti\ up for consideration. in lieu thereof " to." The VICE PRESIDENT~ Is there any objection? The Chair In section 20, line 13, of the amendment strike out "includ- hears none. ing" and insert in lieu thereof "to pay." i l\Ir. S~:IITH of Georgia. I ask for the adopqon of the con In section 20, line 13, ot the amendment strike out " the em" i ference report. ployment of,, and im;ert in lieu thereof .. to employ." : 1\lr. CULBERSON. Mr. Pt·esident, I presume that can be In section 20, line 15, of the amendment, after the period, in.; i done without prejudice to the unfinished business. A confer sert the following: ence report is in order at any time. " The Secretary of Agriculture is hereby directed to publish I The VICE PRESIDENT. No; a conference report is not in from time to time the results of investigations made in pnrsu... order at any time, so far as taking it up is concerned. ance of this act." · .Mr. SMITH of Georgia. It is in order to move to take it up In section 21, line 5, of the amendment strike out " three,. at any time. I desire to state that I do not think it will take and in lieu thereof insert " six." i 10 minutes to dispose of the report. In section 21, line 6, of the amendment strike out the period 1\lr. CULBERSON. The rule distinctly says that a conference and insert: ": Prov-ided, That nothing in this act shall be con"' } report can be made at any time. strued to apply to any contract of sale of any cotton for future' The VICE PRESIDENT. Yes; and it has been made; but delivery mentioned in section 3 of this act which shall havej the motion now is to take up the conference report, which is a been made prior to the date when said section 3 becomes different thing. effective." Mr. JONES. I simply wish to ask the Senator whether he And the House agree to the same. knows of any opposition to the report. That the Senate recede from its disagreement to the amend.,_· Mr. S.hliTII of Georgia. I do not. ment of the title and agree to the same. '" 'The VICE PRESIDENT. The question is on the motion of the HOKE SMITH. Senator from Georgia that the Senate take up the conference report. MORBIS SHEPPARD, The motion was agreed to, and the Senate proceeded to con JAMES H. BRADY, sider the conference report, as follows : Manage-rs on tlle part of the Senate. A. F. LEYER, The committee of conference ()n the disagreeing votes of the GORDON LEE, 110) two Houses on the amendment of the House to the bill (S. G. N.- HAUGEN, to regulate trading in cotton futures and provide for the stand 'Managers on the pa1·t of the House. ardization of "upland" and "gulf" cottons separately, having 1 met, after full and free conference have agreed to recommend Mr. SMITH of "Georgia. I move the adoption of the report. -' and do recommend to their respective Houses as follows : The report was agreed to~ · That the Senate recede from its disagreement to the amend PROPOSED ANTITRUST LEGISL.!.TION. ment of the House, and agree to the same amended as follows: The Senate. as in Committee of the Whole, resumed the con.. In section 3, line 4; of the amendment strike out "1 cent " sideration of the bill (H. R. 1!5657) to supplement existing laws) and insert in lieu thereof "2 cents." against unlawful restraints and monopolies, and for other pur-. · In section 5, seventh line of fifth page, of the amendment, after the comma following "thereof," strike out all the rest of poses. the paragraph and in lieu thereof insert the following: " fixed, :.llr. ~\SHURST. l\Ir. President, I gave notice one week ago to-day that I would address the Senate upon House bill 15657, assessed, collected, and paid, in such manner and in accordance 1 with such ru1es and regulations as may be prescribed by the which hau been favorably reported from the Committee on the Secretary of Agriculture." Judiciary some time prior thereto. When, however, the shippiug jt bill came before the Senate I felt it to be my duty, important as In section 5, menty-second line on the fifth page, of the 1 amendment, after " heard/' insert the following: "by him or the pending bill is, not to project myself nnd my .remarks into such officer, officers, agent, or agents of the Department of the time which was needed for the discussion of the shipping) Agrknlture a.s he may designate.'-' bill, because of the crisis which presented itself at that time. In section 9 of the amendment strike out the sentence begin Subsequently the matter of the treaties for the advancement of I ning "That," in line 10 of page_8, and insert in lieu thereof the cause of general peace came before the Senate in executive1 the following: · session, and my notice was still further continued for a couple "That the Secretary of Agriculture is authorized, from time of days. to time, to establish and promulgate standards of cotton by I am pleased, indeed, that intervening between the present I which its quallty or value may be judged or determined, in moment and a week ago, when I gave my notice, two great sub· /. cluding its grallc, length of staple, strength of staple, color, jects of legislation have been consummated-the shipping bill ) and such olher qualities, properties, and conditions as may be and the ratification of the peace treaties. Both were especially standardized ill practical form, which, for the purposes of this important, in view of certain eventualities in Europe; and I ' act, shall be kno'Wil as the ' Official cotton standards of the venture to make the observation at this time, in reply to some United States,' and to adopt, change, or replace the standard who have criticized the administration's policy of "watchful . for any grade of cotton established under the act making ap waiting," what a pity it is that in some of the chancelleries '. propriations for the Department of Agriculture for the fiscal of Europe there could not hav~.; been exercised some of that I year ending June 30, 1909 (35 Stat. L., p. 251), and acts sup " watchful waiting" which we, all now commend, but which, plementary thereto: Provided. That any standard of any cot while the waiting was going on, some persons apparently did ton established and promulgated under this act by: the Secre- not favor~ (13662 CONGRESSIONAL RECORD-_ SE:N.A.TE. AUGUST 13 ' I rise. Mr. President, as I stated, to speak in behalf of House Fifth. From issuing injunctions enjoining laboring men from bill 15657; and as the hour is obr-iously late and Senators recommending, advising, or versuading others by ve~lceful weary, I shall proceed as rapidly as -..: may, but after I. sha~l means so to do. have concluded, if it appears obr-ious that there are any histori Sixth. From iE uing injunctions enjoining laboring men from cal inaccuracies in my remarks, I shall be glad to haye them paying or giving to or withholding from any person engaged in corrected. any labor dispute any strike benefits or otlu~r moneys or other There is a general-impression that section 7 is the labor thi~s of value. section of the bilL While that is true, sections 15 to 23, inclu Seyenth. From issuing injunctions enjoining laboring men Si\e are also denominated as the labor sections of the bill. from peacefully assembling at any proper place in a lawful S~me time since I clipped from Collier's Weekly the follow manner and for lawful purposes. ing interesting and pertinent article, entitled "Labor and the Eighth. Fr.om issuing injunctions enjoining laboring men trusts": from doing any act or thing which might lnwfully be done in the absence of such labor dispute by any party thereto. , The country was horrified recently by the discovery that the Steel Trust, which had paid fabulous sums to promoters an~ stockholders, In other words. this proposed legislation purposes to place worked many of its employees 12 hours a day J days m t)le week the laboring .men ·upon the same equality under the law with worked them. too, at such low wages that, even 1! a man toiled his 12 every other citizen and requires an injunction in a case growing boors each of the 365 days in the year. he could not ~arn enoug~ to provide a decent living for a small family. The doctrme of legahzed out of a labor dispute t9 be issued upon the same bill or canso monopoly threatens to perpPtuat~ t~e cau~e ~hich made such conditions of action and the same evidence as in any other case where possible and which must breed s1m1lar evils m the future. That ca.use a labor dispute is not inYolved. The injunction provisions of this is the huge overwePnlng power of the great trusts, the inexhaust~ble resources of organized capital, which enable It to .~revent the. organ:za bill give to labor a bill of rights on eight different propositions. tion of labor and to make the term "ironmaster a reality. America This legislation is rendered necessary by reason of the fact mu t breed only freemen. It must develop citi~ens. It can no! develop citizens unless the· workingman possesses .mdu;;trial l!berty • that some of the Federal courts have abused the writ of in· and lndustt·ial liberty for the workingman is imp~ssible ~~ the nght ;o junction, and in some instances have gone so far afield as to Hganize be denied. Without the right to orgamze •. short hours. hi':'h issue writs of injunction prohibiting laboring men from exer wages, and the best or working conditions, whether mtroduced by legiS· lation or by the welfare departments of great corporations, can do no cising the rights guaranteed by the Constitution of the United more than make slavery luxurious. States to all persons in the United States. The great trusts have made the extermination of orgal!i~ed la.bor SHERMAN ANTITRUST LAW. from their own works the foundation stone o~ their ~dmimstt·ahon. )lead this resolution. passed by the Steel Trust m 1901 . . . The material advances in inyeutions. discoverie , transporta· "That we art> unalterably opposed to any exte.nsion of umon labor tion, and the mechanical sciences and arts during the nineteenth and ad;ise subsidiary companies to take firm positiOns when these ques· tions come up and ay they are not going to recognize It-;;that is, any century were the cause of great incrense in inter tntc com· extension of unions in mills where they do not now exist. merce and in all its numerous ramifications and multiplications. IIere is a Steel Trust advertisement : These ad~ances created, promoted, and enhanced opportunities "wanted-,-Sixty-two bouse men, tlnners. catchers, and helpers to work in open shops; Syrians, Poles, and Roumanian~ pr~ferred, steady for personal acquirement of disproportionate wealth which op employment nnd good wages to men willing -to work. fare paid and no portunities, of cours-e, strong and cunning men, as in ~very other fees charged for this work. Central Employment Bureau, 628 Penn- age of the world, seized upon and employed to admnce their. syl;unla AvenuP." . b · th The result is that about 80 per cent of the unsk1lled 1a. ?rers.m e own fortunes. Toward the close of the nineteenth century far· stt>el and iron business are forPi~ners of these classes. Tmsf abtll~T ~! seeing statesmen horoscoped the future and foretold that unlesa tbe gJ·eat combinations of capital to overcome combinations o worf th checked by law the then existing system \TOU1d . oon 011erate men is confidently relied upon by the advocates of trusts asdone ~ e savin"'S of combination. Montague: ]n his Trusts of To- ~r· m _ex to put into the hands of a small minority of men in our Nation plaining the trusts' "improved position in dealing with labor, says· most. if not all, of the property which labor pro cl ucerl. Then .. By its preponderant infln('nce iii the business, the trus\ ba~ \n arose a wide discussion as to the nature of llie remedy to be enormous advantage in its dealings with combined labor: ~ n 89· · , applied. The discussion which took place m1s interesting and during the smelters'. strike in Colorado, the American Smelbn., & :efind in co closed the mills in which the strikers bad been. empl~ye an in tructive, and it was pointed out thnt in the Go,·er·nlllents ot trlfnste'rred the wot·k to its other mill~; the effect was Imm~dl_ntely to a~cient as well as modern times grabbing and g-ras]>iug monop b ak the strike 'l'he United States Steel Corporation bad simtlar Fi\IC· ohsts sought by \'"arious ways and means nn
what will become of us; from whom tile fruits• of our own soil and the the- antitrust laws shall' be shifted, partiaily at least and turned commodities of onr own labor shall be taken by warrant ot supreme as an engine of oppression and destruction against some- of the authority, which the poor subject dare not gainsay? th ve--ry people they are designed to protect. Thus we observe that the people of our Nation ure not e .A vast deal of discussion, has eccurred t~egarding wh-at class only ueople that have suffered from th~ greediness of som~ mem- of people the · antitrust legislation was directed against, but bers of the human family. those who search the records \vitll even a moderate degree o~ The history of the Sherman antitrust law is instructive, and dlligenee will be rewarded- by C()ruplete freedom from any doubt a short review of the parliamentary history of that law is per-- upoo the subject. The statesmen who framed this Iegislation- tinent to the present discussion. the· Sherman law-had no doubt as to- whom the legfslation- was on February 28, 1890, Fifty-first Congress, Senator- Sher- dil·ected against. man, of Ohio~ introduced his antitrust bill in the Senate. It was Senator- Sherman, the- nominaT author of the Sherman law, referred to the Committee on Finance. On March 22, 1890• the had no douht as to this question, and·in the debate in the Senate, Committee on Finance introduced a substitute for the SheJJ.man on M-arch 24, 1890, he said: bil1. On :March 25, 1890, Senator Morgan. of Alabama, moved Now, let- us look at it. The bill as reported' contains three- or four tu commit the bill to the Judiciary Committee; it failed to carry simple> propositions whicht relate only to contraets, combinations, agree on a vote of 16 yeas to 28 nays. On March 25., 1890,. Senator ments ma-de with a. view and designed to carry out a.. certain purpose Sherman offered a proviso- to be added at the end of the first · which: the laws of all the States and· of every civilized community de· clare to be unlawful. It does. x:.'Ot interfere in the slightest degree with section of the bill, as follows: voluntary associations made to affect public opinion to advance the in· Prot•ided That this act shall not be construed tet- apply to any ar- terests of a particular trade or occupation, It dees not interfere with rangementS: agreements, or combinations between the laborer~, made the Farmers' Alliance at all. because that is an association, of farmers with a view of lessening the number of hours of labOI: o~ the mcreas- to advance their interests and to improve the growth and manner of ing of their· wages; non to any arrange!Dents, agreeme!lts. or combi- production of their crops and to secure intelligent growth and to intro-· nations among person&. engaged in horticultul'e or agru:ulture, made dtrce new metfiods. No organizations in this country can be· more- bene.-. with a view oi enhancJng the pd.ce of agricultural or hQrticulturai· ficfal in their· charader than fal'illers! alliances and farmers' associ~ roducts. tlons. They are not business combinations: They do not deal witb. P P.ontracts. aJ!r.eements. and so- forth. Tbey have no connection witll Tbe- amendment was. agreed to in the Senate without any th.em. And so' the combinations of workingmen to promot& their in· ' opposing votes. terests, promote their welfare. and increase their pay, if you please, to 'larch· 26, 1890, Senator· Stewart, of NeV'ada, made the fol- get their fa-il" shaPe in the diviSion of production, are not affected in On "' the slightest degree\ nor can they be· included in the words or Lntent of lowing comprehensive statement: the bill as D.Qw f1tl)orted. The Qctginal bill has been very much improved, and one o.f the great Notwithstanding the disclaimer on thee part of. Senator Sher...; , objections bas been removed from it by the amendment otre1·ed by Senator Sherman (for Senator George), which relieves the. ~lass of man and many others in the Senate at that time as to the class persons who would have been first. prosecutcill Qltder the Q:tigi.nal blll of people designed to be· reached by that legislation:, Senato~ without the amendment. George inn·oduced an amendment at that time as follows: Senator Stewart then added: Pro,;ided~ Tbat this act shan not be construed to apply to any ar- l ~ The bill ought now in some J::eSpects to be satisf.adory to everJ rangements, agreements, vr- combinationS> between the laborers. made person who is opposed to the oppresmo~ Qf labor and desires to see_ 1t with a view ot tessen:ing the- number- of hours of labo.r or the increasing Pronedy rewarded,_ . of their wages: nor to any arran.gements, agreements. or combinations ·~ among persons engaged ln bo_rticulture ol! agricultm·e. made- with a During_ the debates in Congress on. the Sherman· antitrust view-of enhancing the- vvice o1: agricultural or h.otticultural products. law it was not suggested nor even hinted, so· far. as may be Although Senatur Sherwau a:nd: many othet;s at that time ascertained from the debates that have rome down to. us in the emphatically stated thnt tbe· language. of the bill was. plain Co~G.RESSION AL RECO&D, that the ex.emption of labor organiza- without such an amendment, the- ameadrnent was finaliy inoor· tions from the provisions of that law was improper class legis- porated in the bill as it passed the Committee- of the Whole in Iation. I do not assert that the C(}ntrary does not appear. 1 the Senate. The bill was thereupon sent to the Judiciary Com simply say so far as f have been able t(} ascertain from the mittee, and when it returned from the Judiciary Committee it deb:ate iu the- CoNGRESSIONAL REco.RD, that it does not aLJpear. It was passed without this amendment, which had been stricken was not the intention of the legislators to apply the Sherman out in the committee as· unnecessary. I assert that it was the antitrust law to labor organizations-~ althoJI.gh the courts, by. contemporaneous or>inion ·of Senators at that time that the strained and harsh c.onstructions, have sought to apply it to amendment wa-s unnecessary. labor organizations. When the bill was being debated in the Senate Senator Hoar By judicial interpretations and legal precedents. and esp~- expressed. the general ~ttitude of the students of the question · dally by fue ·decision of the United States Supreme Court 10 at that time in the following words which remove all doubt. the Danbury Hat case, the terms of the law. intended to ap-ply Speaking in the Senate on :&..larch 27, 1890, Senator Hoar said: to persons dealing in commodities were interpreted to apply to When you are speaki'ng or- providing- to regulate the transactions ~ the energies and activities of associated laborers. Thus under men who are making corners in wheat. ou in Lron, or in woolen or in the Sherman antitrust law labOi' elbanizations. may be dis. cott-on goods, speculating in them or lawfully dealing in. them without .. ·ed, the;,. members titled or 1·mprlS· onet1 and. the lal}Or organ- speculation. you are aiming at a mere commercial transaction. the be- SOl , .u. u.. gipning and· end' of which. is' the malting of money for the parties, and izations mulcted by damages in civil suits.. nothing else. That is the only relation that transaction has to th:e In order, therefore, to secure to the_workers the legal right State. It is the creation or diffusion or change of ownership of the wealth of the- community. But when a labor§!~ is· trYing to raise his to organized existence it is necessary b Y su b s ta· n tiv~ 1aw t o wages or· is endeavoring to shorten the hours of his- labor, be is dealing remove and exempt the. organizations of labor from tbe Pl'Ovi- with something that touches closely. more closely than anything else, sions of the antitrust Ia ws, and section 7 and sections 15 to 23, the Government a-nd the cba:racter of the State itself. ~"·clu"'~"'e, ,.."' the Clayton bill, H. n 15657, providn for S"Cll The maintenance of a certain standard of profit in dealing in large, .LW .,..,. UL L\oo. "" "' transactions in wheat or cotton or wool 1s a question whether a par- exemption.. ti.cular met·cbant or a- pru:ttcular class of merchants s:_an make money The proper energies and reasonable activities of labor organ, or not-; but the q,uestion whether the standard of the labol'er's- wageSl ~zations have been 2:reatly inJ·u,.ed and hindered by the im,- shall be maintained or advanced, or whether the lelsure for instruction, l = .., for Improvement shall be shortened or lengthened Is a question which proper use and the abuse of the injunction, because some courts touches the very existence and character of government of' the State have proceeded upon the hypothesis that labor power is prop- Itself. The laborer who is- en~a.ged lawfully and usefully and accom- . · ttl plisbing his purpose in. whole or in part in endeavoring to raise the erty, such as mechanical and electnca1 cot;ttnvances, ca e, standard of wages is engaged In an occupation the success of which' horses, and so forth. Some: courts of eqmty ha-ve usurped makes republican government itself possible. and without which the ·urisdietion and power to restrain Taborers from doing the Republfc can not, in substance, however it may nominally do in form, l continue to exist. things they had a lawful right to ao, and which in many I bold, therE-fore, that as legislators we may constitutionally, prop- instances it was necessary for- them to do to. promote their own erlv, and wisely allow laborers to make associations. combinations, interests and tise above the conditions of serfdom; for instance, contracts, agreements for the sake of maintaining and advancing their • wages, in r~ard to whicfi. as a rule, their contracts are to be made- injunctions- have forbidden laborers to use the pub1 lC highways with large corporations whzy are th~mselves but an association or com- and have forbidden. them peacefully to consider their own condi- bination Oi' agg-regation of capital on the other side. Wben we are per tion. Laborers have been forbidden by injunction to pay strike mitting and even encouraging· that, we are permittin~ and encouraging • to exercise the right of free speech. Therefore, iu what is not only lawful, wise. and profitable, but absolutely essential to benefits OI the existence of the Commonwealth itself. order to prevent any further abuse of this judicial power, these When. on the other band, we are dealing with one of the other classes, provisions of sections 7 and 15 to 23, inclusive, of' the Clayton. tbe combinations aimed at chiefly by this bill, we are dealing with a trans~WtiotlJ tbe onJy pnrpose ~which is to extort from the community, bill have been Wl:itten in this proposed legislation, and are 1 monopolize, segregate, and apply tO: individual use-, for the purposE-s of known as the "laborers' bill of rights." Individual greed, wealth which on!!'ht properly and lawfully and fm.~ Io tWs pending bill, disguise it as· we may, dodge and evad.e ! the public interest to be> gener.:ally diffused o:ver the whole ?~mun~ty. . as we may, there is one great question we must meet and settle, These are the words. of the late Senator Hou-r, a. d~stingmsh~d and that is the question as to whether this proposed law shall Senator from Massachusetts, a statesman of nntarmshed public be directed against the combinations of c.apital that the Sherman and pnivate- cllar.aetru· an.d of- highly· cultivated mind, yet con antitrust law was designed to be dir~te(l against or wb.ether ' servatlve withaL, 13664 CONGRESSIONAL RECORD-SENATE. AUGUST 13,
Mr. KERN. And who wrote eve1·y wor;i of the Sherman antl LABOR DECISIONS AND INJUNCTIO~S. trust law ns it wns fin ally passed. r..efusing to haul cars a conspiracy (T., A: & N. M. Ry. v. Pennsyl-. .Mr. ASHURST. And, as is suggested to me, the man who vama Co., 54 Fed. Rep., 730, Apt·. 3, 18931. · wrote eYery word of the Sherman antitrust law as it is now on Quitting work is criminal (same, Apr. 3, 1893), A wot·kman considel·ed "under control" IT., A. & N. M. Ry. v. Penn the statute books. · ~ylvania· Co. et al., 54 Fed. · Rep., 746, Mar. 25, 18!>3. Ricks circuit Senator Edmunds, Senator Stewart, ~enator Teller, Senator JUdge). ' Serving of i?junction notice unnecessary (In re Lennon, 166 U. s., Reagan, Senntor George, and others-all without any guestion 548. Bt·own, JUdge) . . · . agreed thHt the bill as it w:ts pt·esented to the Senate for final The black list Inwful (N. Y., C. & St. L. Ry. Co. v. Scl!alfer, 65 Ohio passage left no doubt as to the fact that it was not intended to 414. Jan. 21, 1902). '· Effor·t to unionize shop unlawful (Loewe et al. 11 . Lawlor ct al., 208 include frntel'nal orders, labor .organizations, or farmers' alli u. s .. 274, Feb. a, 1!>08 1. ances. I will insert these views of Senators in the RECORD. Contract work to union house Is void (State t\ Toole 26 Mont 22) [Senate, page 2729. March 27, .1890. l\Ir. Hoar.] Constitutional to require men to leave union (People' v. Harry' Mar: cus, HS5 N.Y., :a"ii. Ma.v !:ri. 1!l06l. I said the object of this bill was to prevent the speculation in and Union labor has no right to conduct a strike (Alfred W. Booth & engrossing of wheat and similar commoditieS'. I did not speak in that Co. v. Burgess et al., 65 Atl. Rep., 226, Nov. 26, 1906). connection of corporations. I sa!d, In speaking generally of the law· Unlnwful to Induce nonunion men to quit wot·k tEnterprlse Foundry tulness and pr·o]Jriety of laborers combining in the matter of wages, Co. t'. lr·oo .Molders' Union, 112 N. W .• 685, .July 1, 1907). that the persons with whom they were to contract were very largely •rbe unfair list f!>rbidden rWIIson et nl., 23:! Ill., 389, F'eb. 20, 1908), the corporations which were themselves nothing but a combination or Employer bas r1ght to bar out unions (Fiaccus v. Smltil 199 Pa aggregation of capital for that purpose. I made no such suggestion St., 1::!8). ' ' as that corporations were the persons aimed at by this bill. That was Antitrust act applies to labor unions as well as to combinations of In a dilfet·ent connection. capitalists (U. S. v. Workingmen's Amalgamated Council, 54 Jj'ed. Rep., [Senate, page 2606, March 25. Mr. Stewart.] 994; Loewe v. Lawlor, 208 U. S.. 274 J. · '!'he boycott ts unlawful (Loewe v. Lawlor. 208 U. S., 274). Again, suppose that the employers, railroad companies, and manu Members of labor unions liable to th•·eefold damages for Injuries In facturing establishments should say that labor should be put down to business or property sustained by individuals or firms by reason of a. two bits a day. Suppose· that capital sliould combine against labor, boycott
1914 . . CO ... :rGRESSION \L REOOI~. D-SENATE. 13665
A law forbidding discrimination against an employee because of his The matter referred to is as follows: membe1·ship in a labor union and making it a mlsdem~anor for an Allis-Chalmers Co. v. Reliable Lodge (111 Fe~. Rep., 264; U. S. employer to discbargt- an employee bect1use of men:bet·shlp in a labor Labor Bol. 38, p. 183). union is unconstitutional (Adair case. 208 U. S., 161). Allis-Chalmers Co. v. Iron Molders' Union No. 125 et al. (150 Fed. I also insert in the REcoRD a copy of a final decree issued in Rep., 155; U. S. Labor Bul. 70, p. 734; 166 Fed. Rep., 45; U. S. Labor Bul. 83. p. 157). June of this _year by Judge Humphrey, of the United States Aluminum Casting Co. v. Local 84 of International Molders' Union District Court for the Southern District of Illinois, which is as of North America et al. (197 Fed. Rep .• 221 ). follows: American Steel & Wire Co. v. Wire. etc. C90 Fed. Rep., 608). Armstrong Cork Co. v. Anheuser-Busch Brewing Co. (1914). UNITED STATES OF A~ERICA, SOUTIIER:-1" DISTltiCT OF ILLH\OIS, SOUTHERN Arthur v. Oakes (63 Fed. Rep., 301). DIYISIO~-I:S THE Ur\ITED STATES DISTRICT COURT, JUXE TER~, A. D. Atchison, Topeka & Santa Fe R. R. Co. v. Gee--Cir. Ct. Southern District of Iowa (1H9 Fed. Rep., 582; 140 Fed. Rep., 153). A.!~~~ican · Steel Foundries, a corporation, complainant, v. The Tri-City Bender v. Local · Union 118, Bakers' Organization (34 Wash. Law Central Trades Council, Harry McKenny, Ted Isbmann, Earl Gallo Repr. . 574; U. S. Labor Bul. 67, p. 8941. _ way William Thornburg, C. Holmes, C. L. Burton, Eddie Roach, Barnes. A. R .. & Co. v. Bel'l'y ( 156 Fed. Rep., 72; U. S. Labor Bul. Joh~ Aldridge, Isaac Cook, Benjamin F. Lamb, J. P. McDonough, 74. p. 259; 157 Fed. Rep .• 833). and C. E. G-erlich, defendants. In equity for injunction. Beck et al. v Railway Trainmen's Protective. :FIXAL DECREE. Besette v. Conkey & Co. (l!H U. S .. 324: 24 Sup. Ct. Tiepr., 66u). Blindell et al. v. Bogan et al. (54 Fed. Rep .. 40\. This cause came on to be heard .at this term on the 9th day of June, Boutwell et al. v. l\Iarr et al. ( 42 Atl. Repr .. 607). . A. D. 1914, and was argued by counsel ; and thereupon upon c~nsid Bowels v. Indiana Railway Co. (62 N. E. Repr., 94). . . eration thet·eof It was order·ed. adjudged. and decreed as follows, VIZ: Boyer et al. v. Western Union Telegraph Co.-C. C. El. D. ~l soun That the restraining order heretofore issued on May 18, 1914. and ( 124 Fed. Rep., 246). which on May 28. 1914, was continued in force as a tem~orary injunc Bocks Sto•e. & Range Co. v. American Federation of Labor (35 Wash. tion, be and i.; hereby made permanent as to all of said defendants, with Law Repr., 797; U. S. Labor Bul. 74. p. 246.). the exception of the defendant C. L. Burton, and as to the said C. L. Bucks Stove & Range Co. v. American Federation of Labor (36 Wash. Bm·ton the said restraining order and temporary injunction be and is Law Repr .. 822; U. S. Labor Bul. 90. p. 124. and No. 86. p. 355). hereby vacated. Bucks Stove & Ran~re C'o. v. American Federation of Labor-Court of It ·Is further ordered adjudged, and decreed by the court that the said Appeals of District of Columbia ( 37 Wash. Law Repr .. 154 ; U. S. Labor defendants the Tri-City Central Trades Council its officers and agents, Bul. 3~. p. 1 6!l : 31 Sup. Ct. Rep .. 492 ; 0. S. Labor ~ul. 95, p. 323; and Harry McKenny, Ted Ishmann, Earl Galloway, William Thornburg, 40 Wash. Law Repr., 412; U. S. Labor Bul. 112, p. 1oo). C. 'l'hornbu r·g, Tom Churchill, Clay HoJ;nes, Eddie Roach, John, Ald Brewing & Ma-lting Co. v. Hansen (Seattle) (144 Fed. Rep., 1011: l'ldge Isaac Cook, Benjamin F. Lamb, J. P. McDonough, and C. E. U. S. Labor Bul. 68). · Gerlich and each of them and all persons combining with, acting in Barnes, A. R., & Co. v. Chicago TypographiCal Union (83 N. E. Repr., concert with or under tbeir direction, control, or advice, or under the 932; U. S. Labor Bul. 76, P. 1016). direction control, or advice of any of them and all persons whomso· Barnes, A. R .. & Co. v. Berry (157 Fed. Rep., p. 883; U. S. Labor ever be and at·a hereby perpetually restrained and enjoined from in any Bul. 76, p. 1019). way or manner whatsoever by use of persuasion, threats. or personal Boyer et al. v. Western Union Telegraph Co. (124 Fed. Rep., 246; injury, intimidation, suggestion of danger or threats of violence of any U. S. Labor Bul. 50, p. 202). kind. from int~rfe ring with. hindering, obstructing, or stopping any per Callan v. Wilson (127 U. S .• u40-555). son desiring to be employed by said American Steel Foundries in its Raid Cat·ter et al. v. Fortney et al. (170 Fed. Rep., 463; also 17~ Fed. tion with its b:.~siness or its toundry in the city of Gr·anire City, county Rep .. 72). of Madison. State of Illinois, or elsewhere, and from int~rfering by per suasion. vi'Jlence, or tbrea ts of violence in any manne1· with any per· Central District & Printing Tel. Co. v. Kent (156 Fed. Rep., 173; son desiring to be employed by said American Steel Foundries in its said U. S. Labor Bul. 74. p. 2561. . foundt·y or· plant; and from inducing or attempting to compel or induce Coeur d'Alene Con. Min. Co. v. Miners' Union of Wardner, Idaho by persuasion, threats. intimidation, force, or violence or putting ln (51 Fed. Rep .• 260-267). !ear ot· sug-gec:;tions of danger· any of the employees of the American Commonwealth v. Hunt (4 Metcalf's Rep., 111 ). Conkey (W. B.) Co. v. Russell et al. (111 Fed. Rep., 417). Steel Foundries or persons seeking employment with it so as to cause Con truction C'o. v. Caml:'ron et al. (80 N. S. Rep .. 478). ( them to refuse to perform any of theit· duties as employees of the Contempt-nature of proceedings, appeals, Gompl:' rs et al. 1.·. Bucks American Steel Foundries; and from preventing any person by per 8tove & Ran;::e Co., C'Clmt of Appeals of the Distt·ict of Columbia (37 suasion, threats, intimidation, force, or violence, or suggestion of dan· Wash. Law Repr., p. 708; U. S. Labor Bul. 86, p. 333) . get·. or violene<'. from ent('rlng into the employ of said American Steel Campbell et al. v. Johnson (167 Fed. Rep., p. 102; U. S. Labor Bnl. Foundries ; and trom protecting, aiding, or assisting any per·son or per 82, p. 682). sons in committing an.v of said nets, and from assembling, loitering, or Carter ct al. v. Fortney et al. (170 Fed. Rep., p. 463 ; U. S. Labor congregating ·nbout or in proximity of the said plant or factory of the Bul. 86, p. 370) American Steel Foundries for the purpose of doing or aiding or encour· Casey v. Tvpographical Union ( 45 Feel. Rep., 135). aging others in doing any of the said unlawful or forbidden acts or Delaware, Lackawanna & Western Railroad Co. v. Switchmen's Union things, and fl'Om picketing or maintaining at or near tbe premises of of North ·America (158 Fed. Rep., 541-690; U. S. Labor Bul. 77, p. the complainant .or on the streets leading to the premises of said com· 389). plainant. any picket or pickets an~ from doin.g ~ny ~cts or things what Dono>an et aL v. Penn Co. (26 Sup. Ct. Rept., 91; U. S. Labor ever in furtherance of any C'On!>pu acv or combmat1o'l amon~ them. or Bul. 63). any of them, to obsti·uct, 'or interfere wi~ said American Steel F?un Debs, In re Pl:'titioner (158 U. S., 564). dries, its officers. agents. ot• employpes, m the free and unrestramed cont :_·ol and operation of its plant, foundry, and property, and the Doolittle and United States (23 Fl:'d. llep., 544-547). operation of its business, and also from ordering, directing, aiding, Doolittle and United States v. Kane, supra, re Higgins (27 ·Fed. assisting. or in any manner abetting any person committing any or Rep., 443). either of the acts aforesaid and also from entf'!'ing upon the grounds, Farmers' Loan & Trost Co. v. The Northern Pacific Railroad Co., C. C. E. D. Wisconsin ( 60 Fed. Rep .. 803). foundry, or premises of the Am~ric!ln Steel Fou~dries without first obtaining Its C'onsent, and from lnJurmg or destr·oytng any of the prop· Frnnk et al. t'. fi <> rolcl et al. 15::? Atl. Rep., 152). erty of the said American Steel foundries. Fordahl v. Hayde (82 Pac. llepr., 1079). It is further ordered. adjudged, and decreed that the complainant Garrigan v. united States (163 Fed. Rep., 16; U. S. Labor Bul. 7Q, shall cause not less than J 00 printed copies of this finn! decree to be p. !)611. posted In conspicuous places about and in' the vicinity of its said plant George Jonas Glass Co v. Glass Blowers' Association (54 AU. Rep., at Granite City, Ill.; that the affidavit of the agent of the complainant 567; 79 Atl. Repr., p. 262; U. S. Labor Bul. 95 l. so posting said notices rhall be filed in the clerk's office. stating when GlaRs Co. v. Glass Bottle Blowers (66 Atl. Rcpr., 593; U. S. Labor Bul. 72. p. 629; 79 A tl. Rep .. 26~; U. S. Labor Bul. 95, p. 312). and where [U ·~ h notices wet·e posted. nnd such affidavit shall be prima facie pt·oof of the posting of such notices at such time and places as Goldfield Consolidated \lines Co. v. Goldfield Miners' Union 220 ct al. shall be therein stated. · (159 Fed. Rep .. 500: U. S. Labor Bul. 73, p. 5861. It is fm·tber ordered, adjudf.Jed, and decreed that this injunction shall Gray v. Trades Council (97 N. W. Repr., 663) . be binding upon each and ali of the above-mentioned defendants and Guaranty Trust Co. 1:. Haggarty (116 Fed. Rep., 510; U. S. Labor upon all other persons from and after the date of this decree. Bul. 43. p. 1291!. It is further ordet·ed, adjudged, and decreed that the defendants pay Hammond Lumber Co. v. Sailors' T.Inion of the Pacific (149 Fed. Rep., the costs of the above-entitled cause to be taxed by the clerk. 577). OTIS Hl'~PHREY, Hitchman Coal & Co. v. Mitchell (172 Fed. Rep., 963 ; U. S. Labor · Judge United States District Court Bol. 87. p. 686l. tor t11c Boutltenl Distt'ict of Illinois. Hopkins v. Oxley Stave Co. (83 Fed. Rep., 152. 912). Huttig, etc.. Co. v. Fuette et al. (163 Fed. Rep .. ~63). It will be seen from reading this final decree that this judge Jllinols Central Railroad v. International Association of Machinists (190 Fed. Rep., !110; U. S. Labor Bul. 98, p. 4!15 }. believes that the American Steel Foundries should be protected In rc Debs, petitionPr (158 U. S., 564 J. from certain individuals, who are named therein, against the . In re Doolittle and T.inited States (23 Fed. Rep., 544-547). use of "persuasion." which that "downtrodden" corporation In re Doolittle and United States v. Kane, supra, re Higgins (27 Fed. Rep., 443). fears some person may exercise. and thus do it an injustice. The In re Lennon (166 U. S., 548). Tery readmg ot' tLis uecree. if n·othing further were celled to Ining v. Joint District Council, United Brotherhood of Carpenters, our attention, makes necessary this substantl•e labor legisla etc., United States Circuit Court of Southern District of New York {180 Fed. Rep .. p. 96: U. S. Labor Rul. 92. o. 2 9 l. tion in this Clayton bill, whicL has passed the House of Rep Iron Molders' Union No. 125, of Milwauket>, v. Allis-Chalmers Co. • resentatives, and, indeed, l\Ir. President, in my judgment, it is (166 Fed. Rep., 45 ; U. S. Labor Bul. 83, p. 157). our duty to enact the labor provisions of th~ Jlayton bill as In re Reese (1 07 Fed. Rep .. fl42). · Jensen v. Cooke (81 Pac. Repr., 1069). they came to the Senate from the House of Representatives. Jersey City Printing Co. v. Cassidy et al. (53 At!. Repr., 230.). 1 I now submit and include in the RECORD a list of over 100 Jonns, George, Glass Co. v. Glass Blowers' Association of United States and Canada et al., CoUl't of Chancery of New Jersey (54 Atl. decisions of Federal courts on labor cases where injunctions Rl:'pr., p. 567; U. S. Labor Bul. 48, p. 1124). were issued, conspiracies charged, and allegations set up that Knudsen et al. v. Benn et al. ( 123 Fed. Rep., 636; U. S. Labor Bul. the antitrust law was violated. 50. p. 205). . . Kargis Furniture Co. v. Local Union No. 131 (75 N.- E. Repr., 877). . The VICE PRESID&Yl\ Without objection, it will be so Keegan-Pope Motor Car Co. v. Keegan (150 Fed. Rep., 148; U. S. ordered. Labor Bol. 70, p. 757). LI-861 13666 CONGRESS! ON AL RECORD-SENATE. . ~UGUST 13,
Kemmerer v. Haggerty (139 Fed. Rep., 693). Kolley et al. v. Robinson t>t al. ( 187 Fed. Rep., 415). sons from the operation of this law. A mere reference to the Lawlor v. Loewe et al. ( 187 Fed. Rep., p. 522; U. S. Labor Bul. 96, case of the International Harvester Co. of America against p. 7 0; 148 Fed. Rep .. 924; U. S. Labor Bul. 701. State of Missouri,. decided by the Supreme Court of the United Loewe v. Lawlor (28 Sup. Ct. Repr., 301; 130 Fed. Rep., 833; 142 Fed. Rep., 216; 148 Fed. Rep., 924 ; U. S. Labor Bul. 70, p. 710, and States June 8, 1914J upholding the constitutionality of the Mis 75, p. 6~2). R 7 souri antitrust law, which, by omission, removed labor organiza Loewe et al. v. California Federation of Labor (130 Fed. ep., 1 ; tions from its provisions, is a definite answer to those who 189 Fed. Rep., 714). Loewe v. Lawlor (208 U. S .• 274). assert the unconstitutionality of the labor provisions of this Lennon, In re (16fi U. S., 548). proposed law. In that case Mr. Justice 1\IcKen.naJ delivering Lindsay & Co. v. Montana Federation of Labor ct al. (9G Pac. Repr., the opinion of the court, inter alia, said : p. 127: . S. Labor Hul. 781. • • • • • • • Mackall v. Ratchford et al., C. C. D. W. Va. (82 Fed. Rep., 41). The as ignments of error neccs arily involve a considerati~n of the March 1: . Bricklayers, etc. ( 63 Atl. Repr., 291). & 1903). statutes. 'fhe relevant provisions are contained in section 10301 of the Mobile Ohio Railroad v. E. E. Clark et al. (May Revised Statutes of the State of 1909 and section 8966 of the Revised Montana l•'erlf'ration of Labor et al. v. Lindsay & Co. (96 Pac. Repr., Statutes of 1899. p. 127; U. S. Labor Bul. 78). National Telephone Co. of West Virginia v. Kent (156 Fed. Rep., 173; Section 10301 provides "that all arrangements, contracts, agreements, U. S. labor Bul. 74, p. 256). • combinations, or undet·standings made or entered into between two or National FU'eprootlng Co. v. Mason Builders' Association (1G9 Fed. more persons, designed or made with a view to lessen, or which tend to Rep., 239; U. S. Labor Bul. 84, p. 427). lessen, lawful trade or full and free competition ln the lmpoL·tatlont Newport Iron & Bras Foundry v. Molders' Union (1904), transportation, manufacture, or sale·" in the State "of any product, O'Neil v Behanna ( 37 Atl. Repr., 843). commodity, or article, or thing bought or sold," and all such arrange Otis Ste'el Co. (Ltd.l v. Local Union No. 318, Cleveland, Ohio (110 ments, etc., " which are designed or ma.de with a view to Increase, or F ed. Rep .. 698; U. S. Labor Bul. 40, p. 6381. . which tend to increase, the market price of any product, commodity, Oxley Stuve Co. 1:. Coopers' International Union of North Amertca (73 or article or thing, of any class or kind whatsoever, bought and sold/' Fed. Rep., GD:l I. _" are declared to be against public pollcy, unlawful, and void, and those Pickett v. Walsh (78 N. E. Repr., 7ov). oliendlng "shall be deemed and adjudged guilty of a conspiracy in re I)ope l'Jotor Car Co. v. Keegan t150 Fed . .Rep., 148; U. S. Labor Bul. straint of trade, and punished" as pL·ovided. 70, p. 157). 9 nos) • • • • • • • • Pope Motor Car Co. t:. J. B. Stitart or Steiert (June , 1... . In State v. Standard Oil Co. (218 lio., 1, 370, 872) the suprem~ Rocky Mountn.in Bell Telephone Co. v. Montana Federation ?f Labor court held that the antltt·ust statutes of the State "are limited in their (156 Fed. Rep., ~09; U. S. Labor Bol. 78, p. 80-!). scope and operations to persons and corporations dealing in commodl· Reese, In re (107 Fed. Rep., 9421. ties, and do not include combinations of persons engaged in labor pur· Rein£'cke Coal Mining Co. v. Wood et al. (112 Fed. Rep., 477; U. S. suits." And. justifying the statutes against a chat·ge of illegal dis· Labor Bul. 41, p. 856). d crimination, the court further said that "it must be borne in mind that Southern Railway Co. t1 . Machinists' Locul No. 14 et al. (11 1 Fe . the di1ferentiation between labor and property ls so great that they do Rep., 49; U. S. Labor Bul. 39, p. 496). not belong to the same general classification of rights or things, and Shine t'. Fox Bros. Manufacturing Co. (156 Fed. Rep., 357; U. S. have never been so recognized by the common law or legislative enact Labor Bul. 74, P.· 244). ments." Southern Ca.hfornia Railway "'· Rutherford et al., C. C. S. D. Cn.li- • • * • • • • fornla ( 62 Feel. Uep., 796 J. We said in Atchison, Topeka & Santa Fe Railway Co. v. Matthews State v. Stockford (38 Atl. Rep .. 'iC9). (174 U.S., 96, 106), by Mr. Justice Brewer: "The very idea of clas ill State v. Coyle, Oklahoma (130 Pac. Repr. 316). cation Is that of inequality, so that it goes without saying that the fact Southern Railway Co. v. Machinists' Local {111 Fed. Rep., 49). of inequality in no manner determines the matter of constitutionality." Thomas u. Cincinnati. New Orleans {l' Texas Pacific Railway Co., 'fherefore it may be there is restraint of competltJon in a combination C. C. S. D. Ohio, N. D. (62 Fed. Rep., 66~). . . of laborers and In a combination of purchasers, but that does not demon Thomas v. Cincinnati, ' ew OrlNms & Texas Pa<;,Iiic Railway Co., m re strate that legislation which does not include either combination Is Phelan, C. C. S. D. Ohio, W. D. (62 Fed. Rep., 80 ... ). illegal. Whether it would have been better pol1cy to have made uch Toledo, Ann Arbor Railroad v. Arthur and Railroad Companies (54 comprehensive classification It is not our province to decide. In other Fed. Rep., 730). f i n, '1 C words, whether a combination of wage earners or purchasers of commo Toledo. A.nn Arbor Railroad Co., and Northern ?t feb gan .u..'ll way o. dities called for repression by law under the conditions in the tate 1: Pennsylvania Railroad Co. (54 Fed. Rep .. 738-746). was for the legislature of the State to determine. ·Union Pacific Railway Co. v. ~uef, United States Circuit Court for • • • • • • • District of Nebraska (120 Fed. Rep., 10~; U. S. Labor Bul. 47, p, 267). And so in the case at bar. Whether the Missouri statute should have Underbill v. Murphy, Typographical Journal of August 15, 1901 set its condemnation on restraints generally, prohibiting combined action (174 -). for any purpose and to everybody, or confined it, as the statute does, to Union Pacific Railway Co.'> v. Reef ( 120 fed. Rep., 102). manufacturer and vendors of articles and pet·mittlng it to purchas£'rs T.Jnited Rtates v. Agler (6- Fed. Rep., 8_). of such articles; prohibiting it to sellers of commodities and permittlng United States v. Cass'dy ( 67 Fed. Rep .• 698). it to sellers of services, was a matter of legislative judgment, and we United ~tates v. Debs et at. 16-l Fed. R~p., 724). can not say that the distinctions made are palpably .arbitrary, which United States v. Elliott (62 Fed. Rep., 801; 64 Fed. Rep., 27). we have seen is the condition of judicial review. It is to be t·emem United States ex rPI. Guaranty Trust Co. of New York v. Haggarty bered that the question presented is of the power of the legislature. not et al., C. C. N. D. W. Ya. (116 Fed. Rep., 510). _ ~ the poltcy of the exercise of the power. To be able to find fault, there United States v. Shipp, the Farmers' case (21 Sup. Ct. Rep., 16o; fore, with such policy Is not to establish the invalidity of the law based 203 U. S .. G63). upon lt. United States t'. Kane (23 Fed. Rep., 74 ) . It is said that the statute as construed by the Supreme Court of the United States v. Patterson (53 Fed. Rep., GO:J-G41). State comes within our ruling in Connelly v. Union Sewer Pipe Co. United States v. Sweeney (95 lied. Rep., 434 ). (184 U. S., 540), but we do not think so. If it did, we shoultl, ot United States v. Web r et·al. (114 Fed. Rep., 950). course, apply that ruling here. • • • United States v. Workingmen's Amalgamated Council ot New Orleans et al. (54 Fed. Rep.. 994). I have received a number of letters and telegrams f1·om varl· ·vegalahn t'. Guntner (1C7 Mass., 92). ous persons stating that the labor provisions of this bill were Western Union Telegraph Co. v. Boyer et al. (124 Fed. Rep., 246; U. S. Labor Bul. 50. p. 202). unjust and without precedent-and many of these commnnicn. Wabash Railroad Co. v. Hannaha.n et al. (121 Fed. Rep., 563; U. S. tions stated that this proposed law, to use ·rhomas H. Benton's Labor Bnl. 4!), p. 1~74). pleonastic phrase, "stood out solitary and alone "-and was Weber et a.I. (114 Fed. Rep., 5rl0; U. S. Labor Bul. 43, p. 1295). Waterhouse et al. v. Comer (55 Fed. Rep., 14!)), without parallel in the history of parliamentnry enactments. Some of these letters have especially in-reighed against that .1\lr. ASHURST. Thus, l\lr. President, we see that the very provision of the bill which is as foiJows: law that was intended to be used to curb monopolies and to "And no such restraining order or injunction shall prohibit any person preserve equality of opportunity among the American people or per:sons from terminating any relation of employment, or from ceas has been used as a means of annoying, harassing, vexing, and ing to perfot·m any work or labor, or from recommending, advising, or in many instances oppressing a large number of the \ery people persuading other by peaceful means so to do; or from attending at or near a house or place where any p£'rson resides or works. or carries the makers of the law declared it should not. be used against on business, or happens to be, for the purpose of p t> acefully obtaining the lnborers. or communicating information. or of peacefully persuading any person I feel confident that .in this presence I may call attention ~ o to work or to abstain from working." 1 the Democratic national platform adopted at Baltimore in 1912, In truth and in fact, however. the language just above quoted is wh.ich contains th~ following provision: • really a rescript of paragraph 2 of chapter 47 of an act to provide Questions of judicial practice bavc arisen, especially in connection for the regulation of trade-unions and trade disputes, enacted by with industrial disputes. We belie•e that the parties to all judicial the Parliament of Great Britain December 21, 1906, and is to be proceedings should be treated with rigid impartiality, and that injunc tions Rhould not be issued In any case in which an injunction would not found on pages 246 to 247 of volume 44 of the law reports ot issue if no industrial disputes W.E'l'e involved. the statutes passed during the reign of King Edward VII. I The expanding organization of industry makes it essential that there here quote that act in extenso: should be no abridgement of the right of the wage earners and pro Be it enacted by the King's Most Excellent Majesty, by and with the ducers to organize for the protection of wages and the improvement advice and con ent of the Lords Spiritual and Temporal. and Commons. of labor conditions, to the end tfiat such labor organlza tions, and their in this present Parliament assembled, and by the authority of the same, members, should not be regarded as illegal combinations in restraint as follow : of trade. 1. The following paragrapb shall be added as a new paragraph after I believe the same plank was in the platform of 1908. the first paragraph of section 3 of the conspiracy and protection of It propet·ty act. 1875 : Mr. KERN. was copied from the 1908 provision. " An act done in pursuance of an agreement or combination by two Mr. ASHURST. Yes; tbe 19!2 provision on the subject was or more per ons shall, if done iu contemplation or furtherance ot a trade copied from the 1008 provision. dispute, not be actionable unless the act, if done without any such The observation has been made that it is beyond the consti agreement or combination, would be actionahle.'' 2. (1) It shall be lawful for one or mot·e persons, acting on their tutional power of the National Legislature to exempt any per- own behalf or on behalf of a trade-union or of an inclltidual employer 1914. OONGRESSION AL R.EOORD-SEN ATE. 13667
or firm in contemplation or furtherance of a trade dispute, to atte~d, As late as 1834, in England, six: agricultural laborers were at or near a bouse or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of convicted and sentenced to se\en years' penal sen-itude for peacefully obtainmg or communicating information, or of peacefully unitedly asking for an increase in wages of 1 shilling per week. p·ersuad!ng any pet·son to work or abstain from working. Under the laws in force in England at that time this was (:.!) Section 7 of th~ conspiracy and protection of property act, 1875, treated as a conspiracy and these · men were promptly con is het·eby repealed from " attending at or near" to the end of the section victed and transported to Australia. They became famous in 3. An act done by a person in contemplation or furtherance of a history as the " six men of Dorset." One of these, George trade dispute shall not bt> actionable on the ground only that it induces some other person to break a contract of employment, or that it is an Lo\elace, wrote in his diary a vivid description of the horrors interfet·ence with the trade, business, or employment of some other per they underwent while being transported. Then arose in Eng son or with the right of some other person to dispose of his capital or land a tremendous agitation for their release, and 50,000 work hi.s labor as be wills. 4. ( 1) An action against a trade-union, whether of workmen or mas ingmen, in a procession, marched by the official residence of ters, or against any members or officials thereof on behalf of them the then premier, Lord Melbourne, to present a petition in be sel'\'es and all other members of the trade-union in respect of any· tor half of the '' Six men of Dorset." Their release finally came tious act alleged to have been committed by or on behalf of the trade union, shall not be entertained by any court. in 1837, and in May of last year a mo:mment was erected in (2) Nothing in thl;~ section shall affect the liability of the trustees of their nati\e village in Dorsetshire to these martyrs in the cause a trade-union to be sued in the events provided for by the trades-union of inuustrial liberty. I digress long enough to say that the act, 1H71, ~ection 9, except in respect of any tortious act committed by or on behalf of the union in contemplation or in furtherane:e of a trade very st.ip which took those men from England to Australia dispute. was recently in the harbor of Washington City. I refer to the 5. (1) This act may be cited as the trade disputes act, 1906, and the ~::hlp Success. trade-union acts, 1871 and 1876, and this act may be cited together as the tra
"'Permitting the additional bonding of Incorporated towns and cities tor municipal water and light plants and sewers : For, 15,358; against, Maj. George W. Read, Ninth Cavalry, to be lieutenant colonel 2,676 from August 9, 1014, vice Lieut. Col. Franklin 0. Johnson, Four · " Equal suffrage : For, 13,442 ; against, 6,202. teenth Cavalry, promoted. " ' In addition to these constitutional amendments, the referendum was invoked on eight measures enacted L>y the le~islah1re. It is Capt Louis C. Scherer, Fourth Cavalry, to be major from worthy of consideration in estimating the absolute fmrness and prac August 9, 1914, vice l\Iaj. George W. Read, Ninth Cavalry, pro tlcal>ility of this method of legislation that in all of these cases save moted. two resort to the people, which should always be the court of final appeal, was had by and at tbe instance of corporations which were First Lieut. William B. Renziehausen, Fourth Cavalry, to be while Arizona's constitution was being framed and during the period captain from August 9, 1914, vice Capt. Louis C. Scherer, Fourth when its fate, with that of statehood, hung in the balance at Wash Cavalry, promoted. in"'ton, in bitter opposition to the initiative and referendum features of the charter. Xot only were these corporations first to invoke the Second Lieut. William C. McChord, Fir t Cavalry, to be first referendum, but they took occasion, in the literature forming a part of lieutenant from August 9, 1914, vice First Lieut. William B. an elaborate campaign made to defeat the measures to which objection Renziehausen, Fourth Cavalry, promoted. was had, to commend the " wise provision " of the constitution permit tin? the people to pass judgment on all laws enacted by the legislature. • 'Never could the intex·est of the people in legislation affecting their welfare or the welfare of any class of citizens, ot· their ability to judge CO~FIR::\IATIONS. of the mer·its or demerits of proposed measures, be more stl'ikingly illustrated or more definitely settled than was done in this instance. .Ea:ecuti'lie nominat,ions confirmed by the Senate Augttst 18 (legis On one hand certain powerful interests, violently objecting to the latit;e day of August 11), 1914. measures enacted by the legislature, after invoking the referendum, entered upon an elaborate, exhausth·e, systematic, and, doubtless, very RECEIVER OF PUBLIC MONEYS. expensive campaign to defeat the measures at the polls. Speakers were employed to tour the State; printed literature in large quantities and John E. Barrett to be recei"rer of public moneys at Topeka, per~onal letters signed by prominent and influential officers of the cor Ke& - pot·ations chiefly concerned flooded the mails ; personal workers were interested, and such employees as could be influenced were advised as PosTMASTERS. to what were for the • best interests of the company,' while great spaces were used in many newspapers in the State, not only in the CONNECTICUT. advertising columns, but in the news columns, and very frequently in the editorial depax·tments. Nor did any political party champion the E. W. Doolittle, Plantsville. cause or lend its moral sup_port. As required by law, publicity pam phlets were sent out by the secretary of state; a few speeches were KANSAS. made in the larger towns by ad ;ocates representing the !abor organiza tions; and the people, alive to every pha e of the situation, discussed Henry R. Honey, Mankato. it among themselves. Tbat was the extent of the affirmative cam paign. And in spite of the efforts put fot·th to convince them to the MISSOURI, contrary, the people decided that the measures were good ones. " ·The favorite claim made by the opponents of direct legislation, that A. R. Alexander, Plattsburg. the people will not take an interest in measures refet-red to or insti tuted by them, is here totally disproved, since an average of 18,887 NEW YORK. Vl)tes were cast on the constitutional amendments and 17, 84 on the referred laws, as against · an average vote of 23,483 for presidential Andrew J. Fitzpatrick, Springville. electors and 23,545 for all candidates for Congres . " • It were difficult to conceive of a more emphatic demonstration of PENNSYLVANIA. the thorough utility of At·izona's direct-legislation provision than has thus been afforded at Its first triaL' • Thomas E. Grady, Montgomery. "Altogether Arizona is wonderfully satisfied with her trial of popular RichardT. Hugus, Jeannette. government. It bas not proved that perfection has been reached, and Jacob H. Maust, Bloomsburg. pet·fection is by no means claimed, but it bas generously shown that the people may be safely intrusted with the management of their own affairs. They may make mistakes-who does not?-but they arc quick to see, and with the power to do so, quick to remedy them. They ·are not rash, impulsive, or unfair, as the opponent of popular gov HOUSE OF REPRESENTATIVES. ernment would ende!lvor o make the people themselves believe, but, on the contrary, may be depended upon to treat fairly with all interests THURSDaY, August 18, 1914. and classes. " Not yet are they, with this weapon of self-government in their The House met at 12 o'clock noon. hands, out of danger ft·om the exactions of the aristocracy of wealth~ The Chaplain, Rev. Henry N. Couden, D. D., offered the fol for at all times, day and night, early an
ENROLLED BILL SIGNED. water-power development contemplated by it can only be se cured under water rights gnmted by the re. pective States The ~PEAKER announced his signature to enro-ll_ed bill of under certain terms and :onditions and that subj.ect to compli the following title: ance with these conclitions those rights are perpetual. I called S.1644. An act for tM relief of 1\Iay Stanley. attenoon to the further fact that the only interest or control SENATE BILL REFERRED. that the Federal Government has over this de\elopm~nt arises Undel' clause 2 Rule XXIV, Senate bill of the following title out of its ownership of lands that may be necessary, to a greater was tnken from the Speaker's table and referred to its appropri or less extent. for the diversion, development, or distribution ate committee, ns indicated below: works connected with the water-power development. I stated s. 3342. An act for the enlargement, etc., of the Wall Street further thnt, taking advantage of the Government ownership of front of the as ay office in the city of New York; to the Com such lands, the bill proceeded on the assumption that such mittee on Public Buildings and Grounds. ownership or proprietorship vested in the Federal Government authority to delegate to the Secretary of the Interior the right WATER :POWER ON THE PUBLIC DOMAIN. to levy and collect an excise tax. That this e..~cise tax will not The SPEAKER. Under the rule the House will automatically be uniform among the States because applicable only to certain resolve itself into the Committee of the Whole House on the States, and not uniform within these States because applicable state of the Union for the further consideration of the bill only to projects in whol£' or in part on public lands, and clearly (H. R. 16673) to provide for the d-eTelopment of water power not expected to be uniform even among t:Je projects effected. aud the use of public lan-ds in relation thereto, and for other The biJI further proceeds on the assumption that by re. son purposes. of the fact of proprietorship of lands within certain States the Mr. HUMPHREY of Washington. Mr. Speaker, I make the Federal Government may exercise municipal right of sovereignty point of order that there is no quorum pregent. and eminent domain within the limits of a State. Tile SPEAKER. The gentleman's point of ordel' comes too LEGISLATION CENTRALI21l.NG A..'OD FEDERALISTIC. late to make it in the House. He can make it in the committee. I do not raise these questions or call attention to these fea AC<'ordingly the House resol\ed itself into the Committee of tures of the legis1ation which challenge the sovereign and the Whole Honse on the state of the Union for the further con reserved rigbts of the people in the States out of any spirit of sideration of the bill H. R. 16673, with Mr. FITzGERALD in the captious criticism or with a desire to prejudice legislation by chair. raising an issue as to the relative jurisdictions of the States of I M.r. HUMPHREY of Washington. Mr. Chairman, make the the Federal Government. I do so r-.1 ther for tlle purpose ot point of order that there is no quorum present. suggesting that legislation relati\e to these matters, to be fair, Tl:!e CHA1R~1AN. The gentleman from Washington makes to be just, to be useful, to be in the public interest, to be per the point Gf order that there is no quorum present. The Chair manent under the decisions of the courts, should nnd eventu will count. [After counting.] Seventy-six Members are pres ally must recognize the kind of government which our fathers ent, not a quorum. The Doorkeeper will close the doors. the established and which it is our duty to help maintain. Sergeant at Arms will notify the absentees, and the Clerk will Alexander Hamilton is generally given the credit of being the call the roll. foremost champion arul al}lest exponent and defender of tM The Clerk <:.'llled the roll, and the following Members failed federalistic view of our system of gol'ernment. He not only to answer to their names: believed in a strong central government but he was willing to Ainey Driscoll Kindel :Petersun Anthony Dupre Kinkead, N.J. Ji'hel!Ul \est very considerable power and autllority in the officials and Ashbrook Elder Knowland, J. R. Itlatt functionaries of that Government. I vellture, howe,·er, to as Aswell Eseh Konop Porter sert, without tear of successful contradiction, that 1\Ir. Hamil· Austin Esto-pin:tl Korbly rost Barchfeld Fairchild Kreider Powers ton in his most centralizing and federalistic moments would not Barnbnrt Faison Lafi'e1'ty Ra~dale have dreamed of proposing or promoting so bureaucratic, een Barthotdt Fes Langham Ramey trnlizing, and federalistic a plan as that now presented for our Bat·tl._..tt Fit>lds Langley Riordan Bathrick Floorl. Vn. Lazaro Sabatb co-nsideration. Benll, Tex. FOTdney L'Engle Saunders PUBLIC CONTROL ~"ECESSAU. Bell, Ga. Frftllcis Lenroot Sherley Let us have no misunderstanding of our position. I desire to Borland Frear ~ver Shreve Brodbeck Gard Lewis. Pa. Slemp bave it clearly understood that I and those who hold s1mnar Bt·oussa1·d Gardner Lindbergh Small views with regard to those mMtters are wholly in accord with Brown, N.Y. . George lindquist Smith, 1fd. certain avowed and announced purposes of those who stand Browne, Wis. Gil!ett Linthicum Smith. Minn. Browning Goldfogle Lobeck Smith, N.Y. sponsor for this legish1tion. We earnestly desire to encourage Brnekner Goodwin, Ark. Loft Stanley watel'-power development in the public--land States. We believe Bulkley Gordon Lonergan Steent't'son that in any e\ent. and particularly in th~ present attitude of Burke, Pa. Gorman McAndt·ews Stephens. Miss. Byms, Tenn. Goulden McClellan Stephens, Nebr. the Go\ernment bureaus having to do with these matters. some Calder Gt·abam, IlL McGillicuddy Stephens, Tex. legislation is necessary. We reHlize the grent and permanent Callaway Graham, Pa. McGuire. Okla. Stevens, N.H. importance of hydroelectric deTelopment. We appreciatE:' the Campbell Griest McKenzie Stout Carew Griffin Madden Stringer fact that this deTelopment, in certain of its important aspects Carlin Gudger Mahan Swltz~r and phases, has. to a greater or less extent. the elements of a Chandler, N. Y. Hamill ~faber Talbott, Md.. natural monopoly. We realize. therefore, to the- funest extent, Clark, Fla. fulmllton, Mich.. Manahan Ta1lor. N. Y. Coady Hamilton, N. Y. Martin Thomson, m. that this d~elopment must and should be under proper public ConnoTJy. Iowa Hardwick :Merrltt Treadway control, witb power to determin~ as to rates, terms. and con Copley Hawley Montagne Tuttle dition~ I ConngtOJl. Hayes Morgan, La. Underhlll of service. More than two years ago introduced a bill Cramton Heflin Morin Vare 1 -~ providing for uniform legislation on the subject of rights of Crisp Henry Moss, Ind. Vaughan way foc power de"lelopment and othe-r purposes. fully protect Crosser Hinds Mott Vollmer Dale Hobson Mlll'Tny, Okla. Walker ing the public interest and assuring the complete control of Davenport Hllu!'t"On Neeley, Kans. WaUin the people to be served-the public interested-over service and I>Pcker Hoxworth Neely, W. Va. Watters charges, which 1 shall offer at tbe appropriate time. Dershem Hughes, Ga. Nel-son Wntkins We come from a part of the country where the foundation Dickinson H~es, W.Va. O'Lear-y Weaver Dies Jaeoway Padgett Whltacre for such public control is firmly fixed and bottomed on the Dlfenderfer Johnson. S.C. ralmer White fact that the water. wbicb is the one essential element in all Dillon Kelley. Mich. Parker Willis Dixon Kennedy. Conn. PaUPD, N.Y. Winslow this contemplated development, is under the complete and u:n Dooltng Kennedy, R.I. Patton, Pa. Woodruff que tioned control ef the people. I desire to emphasize this Doremus Kent Peters, Me. Woods feature of the conti·oyersy because it has become the habit The committee rose: and the Spffiker having resumed the of those who take the centralizing bureaucratic and federa1- ch::tir, Mr. FITzGERALD, Chairman of the Committee of the Wbole istic view of these matters to assume. some of them at least, Hou e on the state of the Union, reported thR.t that committee, ~n air of guperior virtue. as though they alone were the having under consideration the bill H. R. 16673, had fonlld itself friends of the people. who proposed to give the people interested without a quorum; that be hnd directed the roll to be called; and affected the least to say about tbeir own affairs. It has that 245 Members had answered to their names, a quorum, and become the chronic habit, unintentional no doubt, of a certain he handed in a list of th(' absentees.
Mr. BOWDLE. Will the gentleman permit a question for thl' other Stntes in that group will soon haT"e commissions, which benefit of one who comes from the rain belt? Can you tell us c:m handle these things more advantageously, and far better something; of what the objectionable features are of conserva than the United St:-~tes Government can. tion that has been thrust on you? Mr. Chairman. these experts who figure the potentiRl hydro M1·. JOHNSOX of Washington. Yes, indeed I can; if I can electric power of the 11 Western States at 20.000.000 hor e get the time to do so, but my time is very limited. I will take power have missed t11eir gues~es by thousnnds upon thousands. pleasure in sending to you copies of my speeches on "The sad Mere
The report, No. 84.2, to accoinpimy this bill consists- of 13 Mr. HUMPHREY of Washington. Before the gentleman pages for the enllghtenment of Members who have not time to leaves the matter of the Forest Service and the estimate of read the hearings or pay any attention to the debate, and con timber, I would like to call his attention to what he probably tains thjs illuminating paragraph: remembers very well, that an estimate was given by the so The report of the Commissioner of Corporations fo1· March, 1912, called conservationists in the Forest Service 25 years ago, in shows that at that time we bad a possible 25,000,000-horsepower ca which they estimated the standing timber at one-half less than pacity capable of economic development by water power, whereas we had only 6.000,000 hOJ·sepower actually developed. According to this they estimate it now. e~timate, if we exercised proper diligence and economy we should have The CHAIRUAN. The time of the gentleman has expired. 19,000,000 horsepower per year more than we now bave. Allowing 15 :Mr. FERRIS. Will the gentleman from Washington yield a tons of coal for the development of one horsepower a year, the failure to develop our available hydroelectric energy would represent the un little more of his time? We are still considerably ahead in necessary handling and consumption of 285,000,000 tons of coal per the use of time. year, if the hydroelectric energy could be distributed over the whole Mr. JOHNSO~ of Washington. I should like one minute country where needed, which, of course, is not quite practicable. more. !\~-ot quite practicable! I suppose some one thinks that un Mr. LA FOLLETTE. I yield one minute to the gentleman der the limitations of this bill we can find the millions neces from wa-shington. sary to de-velop the 20,000,000 of potential hydroelectric current Mr. JOHNSON of Washington. I am going to leave this small out our way, conduct it along high-tension wires along a pri map, taken from the report, where Members can see it, and those vately owned right of way for 2,000 miles for the purpose of who are really interested can see from the facts that the State running a churn in Oklahoma. of Washington now is the third user of developed horsepower. The State of Washington 'is somewhat interested in this bill, In their order, I believe the States are California, New York, inasmuch as that State, at the time the report of the Commis and Washington. Members can see from that why we are sioner of Corporations was issued in 1912. shows us to be third especially interested, from the fact that we have alrea.dy great in rank of hydroelectric power, being exceeded only ~Y New developed horsepoweJ!. York and California. Mr. BOWDLE. Will the gentleman yield? Mr. Chairman, in the State of Washington we are supposed 1\Ir. JOHNSON of Washington. With pleasure. to have nearly 3,000,000 horsepower in the forest reser-ves. We Mr. BOWDLE. I understand the gentleman approves of the know something about conservation. We have bad some expe statement of his colleague [Mr. HuMPHREY of Washington] that rience, and here in these 772 pages of hearings there has been it will take 125 years to remove the timber from his Common placed by some hocus-pocus a little table that shows why we wealth? nre a little squeami h when a conservation bill comes up. The Forest Senice is allowed under the Agricultural bill to spend Mr. JOHNSON of Washington. That is my statement-not 10 per cent of the sales of Federal timber in the State for the my Commonwealth, but in one-half the county in which I live. construction of roads in the re erve . ~Ir. BOWDLE. Does not the gentleman understand that the Under that law there has been built up to December, 1913, in East has been so far stripped- of its timber now that the first the eight great forest reserves of the State of Washington, road fleet to come through the Panama Canal will be a fleet bring mileage of the following stupendous figures: ing timber to the East from the gentleman's own State? _ Miles. l\1r. HUMPHREY of Washington. I hope you will be able to discover omething of that kind. We have not. Mr. JOHNSON of Washington. I hope the statement of the gf~g~~t ~~: ij======-======1i: gg gentleman from Ohio will come true. Totru------13.30 Gentlemen, I thank yon for your attention. [Applause.] Gentlemen, that is going some. - There are 11,660,660 acres of Mr. LA. FOLLETTE. -I yield five minutes to the gentleman forest reserves in Washington-eight reserves in all-and under from Pennsylvania [Mr. KELLY]. the 10 per cent system the United States Government has built ~Ir. KELLY of Pennsylvania. ~Ir. Chairman, the avowed 13 miles of road, or a little more than a mile per million _acres. purpose of this bill is t9 prevent private monopoly of water Ten per cent! That is what was promised to tho e people power. The monopoly of such power is dangerous and injurious out there to make them feel good and be patient a little while to the public, because it would give those holding it the power longer. to tax e-very industry which is or which will be dependent upon The shelves of the Library of Congress are piled up with hydroelectric power. That power in private hands would mean books on conservation, nnd in one of those books a few ·years ago the highest price possible and would in turn enter into the cost .Mr. Gifford Pinchot, the great conservation expert, ga\e his of producing the commodities necessary to the existence and estimate of all the standing timber in the United States; and comfort of American citizens. a few years later, without making the slightest allowance for In other words, the cost of linng is the real :ssue underlying what had been cut, he increased his estimate a thousand million this measure, just as it is of e-very other economic question be feet. Think of it-a thousand million feet! That is exactly fore this country. The co t of li-ving has wrought reYolutions the way these tables go when you get down to brass tacks on in ..,-\.merican history, and it may cause others in the future. The them. Revolution through which this Nation was founded was due to i\Ir. HUMPHREY of Washington. Mr. Chairman, will my the attempt of George III to add to the cost of living in the colleague yield? Colonies. It brought about a political re-volution in 1912. when The CIIAIRMA..N. Does the gentleman from Wnshington the people commissioned a new administration and party to yield to his colleague? make war on the system of exploitation that had meant exces- Mr. JOHNSO~ of Washington. I yield. sive prices for the necessaries of life. ~Ir. HUMPHREY of Washington. On that point I might In obedience to that commission :Jle party in power has un- state to my colleague that when I was first elected as a l\Iember dertaken certain reforms. The re-vision of the tariff, the in of Congress there was more standing timber in what is now come tax, and other measures were calculated to shear some of the fir t district of the State of Washington-the old district the power from those who, through special privileges, preyed that I now represent-more standing timber in that district upon the people. But no tariff re-vision or income tax will pre than the forestry experts estimated in the whole United States. vent the pillage of dollar brigands as long as they have power Ur. JOHNSON of Washington. Yes; and in my own county- 1 to corner the food supplies of the Nation and manipulate their in the one-half of it which lies outside the forest reserve-there values in arbitrary fashion. is more timber than can be cut in 125 years at the present rate Year after year there ha>e been exposures of the outrages of of cutting. these insolently confident powers. Their slimy trail has been llr. HUMPHREY of Washington. ::Ur. Chairman, will the seen in political, financial. industrial, and social wrongs. Still, gentleman again yield to me? in spite of outbursts of public indignation, they have continued Mr. JOHXSON of Wa ..,hington. Certainly. their cour e of exploitation and despoliation until the lntest Mr. HUl\IPHREY of Washington. The gentleman spoke and most brazen disregard of right anJ decency and exhibition about it taking 125 years at the present rate to cut the timber of despotic power-that of creating practically a. food famine in his own county. I think the gentleman ought to add that in the midst of crops greater than the world bas e-ver seen. the timber there will reproduce itself in half that time. Since the first breath of the European war, the prices of food- Ur. JOHNSO:N of Washington. Yes; and the timber is not stuffs ha-ve been mounting skyward. With every natural rea being sold and can not be sold. We see conservation employees, son why they should be lower, since the supply was abundant, who are paid by the great timber interests that ha-re the with no chance for exportation, prices were sent soaring by greatest interest in the conservation propagandn, keeping up artificial methods until they have reached a point which means the agitation. an almo t tmbearable tax upon every necessary of life. CONGRESSIONAL RECORD-HOUSE. AUGUST 13,
I h:rre talren the Hst of 15 ::articles declared by the Bureau of "Created by the Chicago Board of Trade creates n di~rence ill the Industrial Statistics to be the principal foodstuffs of the aver- values of grain or this country of over $6.000,000. ll.lge American f11mily. This list mcludes steak, rib roast, pork If that statement be true-and it was not denied by offirers chops, bacon, bam, lard, flour, corn mP..al, eggs, butter, pota- of the board of trctde who followed Mr. Greeley at the hearin~~ toes, sugar, -and milk. 'The market quotations on these articles 1vhat bas been the fluctuation in ptlces caused by these gambling in a dozen lRrge cities of the country show that there has been price makers within the pnst few days? an a-reruge increase in price amounting to 22 per cent. Such I ha-re in my hund copies of the Chicago Tribune, a paper an inrrease is whol1y unjustified, but it has been planned and recognized as accurate in all its .,tatements. In the Tribune of carried out in systematic m:mner. Here is a statement from July 29 I find the following: the Pittsbm·gh Lead.er Of AUgUSt 12 which iS typic-al: GnA.lN ' ADE I:'> A TUl:UOIL-Al"STmAN WAn CAUSES PANIC IY WHEAT 8 In Pittsburgh market yesterday the agents of beef houses and PIT-PniCES tiP TO '9! CENTS-LAST TALUES HIGHEST. packers went among the retail callin~ the butchers aside and tell- The :wheat market wa or tM wildest descriptiQn possible yesterday, ing them prices must go up higher to-day. It is only fair to tbe re- and pr1ces wounn up at levels which made the quotatiQOS of the pre tailers to say tbnt they a1·e as angered over the situation as the con- vious day r1dicnlonsly cheap. At the close values wert- 8~ to ~H cents somers. However, the Tet:liler bas no recourse; he must boost along high'Cl'., the most sensational advances on general market conditions in with the fcod barons and the people must pay the freight- many years. Except when there bas been manipulation in some one "Boilt-d barns are up 3 cents a pound." said one a~ent- month or another, such fluctuations as :wer·~ witnessed ha>e b.cen seldom "Do tbev feed the European armi~ boiled hams?" asked a retailer. 'Seen. " y don't they raise the price of sweetbread • rfrog legs, pate de The U.Pward trend did not end there, but continued. In the ioie gras, and ice cream because of the :war!"' .asked another. Tribune of Augu t 3 I note the following: With Wflr '3.000 mi1es away and Witn 3TI "OTersupply .Of food- GllAIX MARKETS MAKE HISTORY-WAR SCARE CAUSES .SEXSATIOXA.L PRICE stuffS Oll h.'lnd, 1JfiCes haYe been .Skyrocketed tO SUCh a point UPTURN-WHEAT MART ON THE lUMPAGE-CHECKS EXPORT TRADE. that a continuance at the same rate wo11ld mean a depopulating Last wee"k wlll go down in grain-trade history as one of the mo t "'- 30 d E tell th hame- memorable ever known. The outbreak of war in F.urope. whllc not famine witum ays. 1\'ery newspaper 8 e same unheralded. was unexpectPCt, and for a time panic conditions prel"ailPd, ful story, and I ha,·e receh·ed score of letters from constituent with all other news considerations swept aside as prices advanced to telling of the unwarranted mh-ances in prices of articles of levels undreamed of a few days ago. food. alleged to 'be du.e to the war acr~oss the globe. That is tbe sy tern in operntion. Prices baTe been manipu- That food cornerers llnve the effr(}ntery to do any jnjns'tice 1ated upward until a fluctuation of 15 cents has been mrd~. thnt wm ser,·e their rapacity, .is dearJy proYen by the history of Taking that as a bnsis for computation, it is probable that the past 10 y:ears. That they h.'ll\e the power to-day, in such -a these price makers by gambUng bnve cbanged values to the time as this, is to the e>erlasting shame of the Nation. To end amount of more thnn half a billion of dollars within 10 dars_ such power now and f(}r nil time is the sacred duty of eyery The law of supply and demand hn.s had nothing to do :mth Amerie:~n citizen and e-r.ery 11·:epresentntin~ of the people. this remarlwble Huctuatio11 in price. The crops are the great- "herein lies the powE!r to Lecy tribute upon eYery table in est e-rer produced in the country, and the United States cas this land as h~s been done within the pnst two weeks? To my food for all the world. We could export 200.000 000 bushels mind it rests upon monopoly ruid gambling in f<>odgtuffs. '.fhe of our whe.1t witho11t a legitimAte ad-ranee of a. cent a bushel. sure te t of monopoly is the power to fix .prices, .and that power It ls a gambling propo ition pure and simple. is held by the great packing ;interests of America. Through Brokers, representing a combination of interests, go upon yast corporations, working together lik.e clockwork~ they control the floor of the exchange and offer to sell whent which they the supply 'Of meat products. They ba>e immense storage do not ha-re -or ·expect to bnYe. Others offer to buy nt the dnto hou ·es. in which they keep ·their products indefinitely, letting fixed, betting on the market price nt thnt date. No wheat ex them out .at such times and in such quantities as will maintain ·changes hands, but the manipulation forces the price up or the top prices. At the first signal of European wnr they began down. and the price nt elo iilg of exchange becomes the mar hoarding ment in storage. They forced the prices up and up, ket price, and is tel~gn:phed to the world through special building on the knowled.,.e that th.e war would, some time in the telegraph ser-rice. This price becollleS the basis of business future, mean a great .demand, w.hich would enable them to ex- e'ferywhere. act extortionate prices abroad. When certnin great combinations. control1ing wnrehom::es, Becan e ()f a perfect understanding aml unity of greedy in- transportation facilities, el.emtors, and so forth. marupulnte tllo tere ~ these great packing companies ha-re the power to control market by fake buying and selling at constantly increasing the market. Tlll·ou.,.h their storage facilities they perfect tlleir prices, they may fix a fictitious -raJue, fnr nbo>e I"eal value, nnd hunger hold upon .the people, compelling the payment of exces- reap a rich bar-rest through their rapacity, although their steal- sive prices. ings come from the defenseless public. That is one element in the situation. The other is the gam- Now, the farmer do not get the benefit of the e gambler- bling in foodstuffs on the Chi~go Board of Trade a.nd at other made prices. He is as helple s as the laborer in the city who grain and produce exchanges. buys a loaf of brf'~'ld nt the grocery. The system has safe- If any 1\iember of CongreEs do11bts the effect of this gam- guarded thnt by absolute control of warehouse , eleyntors, and bling 011 prices, I hope he will .read the hearings before the transportation fncilities. 111r. Greeley, in testifying to this con Rules Collllllittee on the Manahan resolution asking for an in- dition, said, page 31 of the bearings: ;vestigation of these exchanges. . They are worthy of careful I make the statement, without fear of contr:1diction, that the owner- . ship of ~ublic warehouses in the city of Chicago by a combination of reading uud study. There appeare d before tb e comnnttee mem- men, actmg in concert-or, at least. on similar linN~-that four men, bers of the Cllicngo Board of Trade and other grain exchanges, acting in harmony, trading in futures, selling quantities of futures day as well as repre entati,-es of the great grain growers of the by day, do more at the pre. ent time-and for years dming the coru·se of our markets have done more--to reduce the price on the farm than conntry. I attended those hearings and was convinced. as I all tbe concerted actions of the u-orld taken together, outside 'Of panics belie,·e any fair-minded man who rend the hearings will be and severe crop-damage 1·eports. conYinced. that these great centers of gambling are injurious !\ow, who are these four men who e influence regulntes the to the best interest of e>ery American. Tlley are worse than price of the grain to the world. to both producer and consumer. priYate gambling hells, for these lattJer n.:ffect only the few who One of them is J. Ogden Armour, head of the great pncking engage in it, !Jut gambling in foodstuffs affects e>ery mnn, interest, which has a hunp:er hold upon the people tbroug'h beef woman, and child. The a>erage man does not speculate on the products. Tlle Armonr Grnin Co~ controls public wnrebonses exchanges and knows nothing nbout it, but he feels the result with a ..ry Samuel Greeley, of Chicago. a member of the board of trnde public elevator except one and private elevators with a capacity of that city for 28 years, testified to some interesting facts be- of 13,600.000 bushels. fore the Uules Committee. Be stated that the g:1mbling iu R~presentati'fes of tbe~e concerns fix the price whirh is to be wllent on the exchunge amounts to IDOl'e e-rery day than is re- paid to fnrmers at the elevator . Mr. Marcy. manager of the cei1ed in Chicago in a year·s time. In other words, in a year country line ele-rators for the .Armo11r company, testified before behn~en .,e'feu and eight billion bushels (}f wheat are bought the Interstate Commerce Commission some time ago. He was and sold on the Chicago .exchang.e, while 'Only 25,000.000 bushels asked: of wheat are brought to the city. The buying and selling of How is the price determined which will he paid by your country f.utru·es at this one exchnnge amounts to ten times the entire elevators! yield of wheat in the United .States. He answered: l\1r. Greeley further said: By myself largely. I make up the prices at th~ close of 'change r :~ r The crops of this country, the aggregate of the wheat, corn. and oats, our llids and everyth1ng . is about u,ooo.ooo bushels annually, and eve~y cent per bn~>hel fluctua·l Mr. Williams, of Mndri.d. Iowa owner of an independent ele- tion ln the market value of grain on the Chicago Board of Trade sets . ' . the price tn this country either up '<>r down 50.000,000. Every one- Tator at thnt pl~ce: m sworn te~t1mony before the lnterstnte eighth of n cent per bushel fluctuation in the price of grain futures Commerce ComiDISSIOn declared that he had been requested by 1914'";"" 'CON GlillSSIONAL RECORD-ROUSE. 13677 the general freight agent of the Chicago, Milwaukee & St. Paul One would suppose that some one would ascertain in refer P..ai1road to go to Chicago to meet Mr. Marcy in the Armour ence to the probability of the power and its value at that point company's office. The purpose of the meeting was to arrange before determining the terms upon which the Goyernment would the prices to be paid the farmers of Madrid and adjacent terri grant a lease. There may be one case where a small nmount of tory and to divide the business at that point. power can be developed not of great value, and there may be It is impossible to give all the ramifications of this throttling another case where a very large amount of electric power may control of monopolists and gamblers upon the food supplies of be developed and the franchise be of great value. But without the country. It is a system that robs both pToducer and con any investigation on tlle part of the Government, without any sumer and subjects all the people to a tribute levied by un knowledge of the situation, so far as the Government is con bridle<} rapacity. It means that the prices of the necessaries of cerned, when the temporary permit is granted to authorize life are fixed by a system of chalk marks in great gambling somebody else to investigate, the Secretary of the Interior must centers. It means that the law of supply and demand, which is fix the charges and the rentals in his temporary permit-with~ rigorous enough to most Americans, has been supplanted in out having· in-vestigated as to the chance for the power or the price making by the decree of cold-blooded conspirators. value of the power, without any knowledge on his part in ad~ There are many to deny my conclusions, but no one should vance. I read from the bill : it deny that is time to learn tlle truth. The advancing of prices The tenure of the proposed lease and the charges of rent or rentals on articles of food in such flagrantly unjust fashion as has been to be collected thereunder to be specified in said preliminary permlt. seen in the past 10 days should compel action. I have intro duced the following resolution with that purpose in view: I appeal to the gentleman to inform us what that means. 1\Ir. FERRIS. Will the gentleman permit an answer right Resolved, That the Secretary of Commerce be, and he is hereby, re now? quested to furnish the House of Representatives information as to whether the prices of articles of food necessary to the health and well Mr. MA.l~N. I am trying to get information. being of the American people have been arbitrarily advanced in the borne markets on the pretext that the high prices of such articles are 1\Ir. FERRIS. The committee studied long over that, and we the result of the European war. had the advice of the best engineers and departmental officers Second. Whether the manipulation of values by speculators on the in both departments, and thelr thought was simply this: A: Chicago Board of Trade and elsewhere is resulting in unjust and un going water-power concern does not consist of two hills and warranted advan~s in the prices of foodstuffs, in spite of record breaking crops in this country and the fact that there has been little flowing water alone, b'1t of water rights, of money to finnnce it, or no exportation of food supplies to the countries at war in Europe, and all the private prcpe!'ty that has to be purchased, all State I urge that such action be taken at once, either by Congress water rights that have to be taken over, all collected together, or Executive authority. The challenge thrown down by these and no one can tell whether he can finance a proposition of that traitors to the common good must be taken up at once, before kind until he has some time in which to try. The time pre long-continued misery and privation have resulted. The cost ot scribed-one year-is thought to be the correct time. living under such circumstances as these is a fuse, and it is Mr. M.AJ'..'N. But the gentleman has not answered the Mr. ~IAl\"X. I wilr. 1\fr. 1\!Al{N. No; the gentleman is mistaken about that 1\Ir. CLINE. Are these rates to be uniform? The Interstate Commerce Commission only has control over 1\lr. MANN. No; they are not to be uniform. roads between the States-- 1\lr. RA.KER. Will the gentleman yield? 1\fr. FERRlS. That is true. .1\fr. 1\IANN. For informntion, not for a speecl1. 1\Ir. 1\IANN. And this takes away the power of the secretary 1\fr. RAKER. In reference to the question of regulation. Is of the public-utilities commission in a State over the tru.n<;fer it not a fact under the bill this permittee can not sell if he of a power in a State the moment the company runs a line wants to without the permission of the Secretary of the In beyond the border of the State. terior? · l\Ir. FERRIS. Does the gentleman think water powers ought 1\Ir. 1\l.Al\~. Oh, that is true. to be without any regulation at all? 1\Ir. RAKER. That being a fact, how can he speculate? l\Ir. l\I.A..!~N. I do not. I believe they ought to qe properly .Mr. 1\fA.NN. Of course he can go to any Secretary and he regulated . can speculate as far as that is concerned ev-en without selling. 1\fr. FERRIS. The gentleman is arguing that fact. · How is it possible for a Secretary of the Interior in ad\ance. Mr. 1\IANN. I beg the gentleman's pardon; I am not ·arguing without investigation on his part, to oetermine what length of that question at all. I believe in regulation, but not haYing it lease ought to be granted or what rentals should be charged? so that no one can tell whether it should be regulated by,the Mr. RAKER. Will the gentleman yield for a question there? Secretary of the Interior or by a commission ; neither am I in 1\.fr. l\1A.1'1'N. I will yield for an answer to that question. favor of leaving it so that by the extens-ion of a few miles of 1\fr. RAKER I will answer it in this way, that the testi- line the control can be transferred from the Secretary of the mony shows that on some of these plants they have spent al Interior to a public-utilities commission or vice versa, as may most a million dollars to determine whether or not to proceed. suit best their proposition. It ought to be definite one way or Now, you would not want to allow the permittee to be in a posi the other. tion that some· third party could come in and, as it were, kiss 1\fr. FERRIS. How does that differ with railroads crossing him off the slate: State lines? Mr. l\.IA..NN. I was asking a direct question. Here are vast Mr. 1\lA!\TN. I will tell the gentleman how it differs. It is water powers throughout the United States. No one knows, absolutely different. This bill gives to the Secretary of the the Government has not investigated, but they have been with Interior, wherever there is any line that eros es the State, full dra\Yn from the public domain on the theory that they present control over all the rates fixed by the company, whether they are po~siule water power. No one knows the possibility at those interstate or intrastate, but the interstate-commerce law gives places. No in\estigation has been made as to that, and yet to the Interstate Commerce Commission only interstate rates you propose to have the Secretary of the Interior, without in and not intrastate rates. Now, the Supreme Court has inti vesti(J'ation, say in advance that a man may speculate in a mated that we haYe the power to control intrastate rates, rates thing~ He does not have to take it if he does not want to. wholly within the State, but Congress has neYer thought for 3.: Yon gh·e him the right without im·estigating it, and the Gov moment of taking the power away from the State of Texas, say, ernment is bound without any investigation. If he goes in. he to control the rates on the railroads between points in the State can take it, but he does not have to take it. I do not see any of Texas. But under this bill, if there should be a water thing in such a proposition. Then I am unable to understand power company, say, in Texas, that had a thousand miles of what is meant exactly by .sections 3 and 9. Section 3 provides transmission wire in Texas, and they would run oYer the line that where any power transmitted is in two or more States into Oklahoma 1 mile, the. public-utilitie commission of Texas that the Secretary of the Interior shall control the charges. would no longer haYe any control o>er the rates to be charged Section 9 provides that where the power is not wholly within by that company. It would be wholly within the power of the a State-and I use the term "public-utilities commission" Secretary of the Interior. The gentleman admits that. I do the Secretary of the Interior shall control' the charges, exclud not think thn t is the wise thing to do. ing by inference the power of the Secretary of the Interior in Mr. FERRIS. The committee had not intended to do more tho. e States which baYe public-utilities commissions. I think with water power than we do in railway rate , but I call to the tha.t was the design of the bill. . Well, there is water power gentleman's attention the fact that there may be necessity fot• located in a State usually on those streams where this applies going even further with the transmission of hyuroelectric which will not be nangable waters and not be boundary waters power; that is more delicate and intricate nnd difficult to a cer between States. Usually the power will be developed in the tain, when they are doing an interstate business, how much State. Well, suppose, for instance, the power fs deyeloped by a interstate busine they are doing, and so forth, than it i to dam in a State which has a public-utility commission? Who check up freight taken from one State or another. That is a has control oYer the charges, the Secretary of the Interior or question for debate. the public-utilities commission? Mr. l\fANN. That is what I am doing. I am debating it. Mr. FERRIS. If the gentleman will permit me to answer, Mr. FERRIS. I meant it is a question to think about. I dill the intention of the bill is to the section referred to where the not mean to cast any reflection on the gentleman. power is generated and u ed within a State, wholly an intra l\1r. FERGUSSON. Can the gentleman point out the lan state matter, the local public-utilities _commission have con~rol guage there which makes the conti·ol of the Secretary of the 1\Ir. MANN'. I know, but I was askrng a reasonable question. Interior different in the case of the water user from what the Mr. FERRIS. And I was trying to answer the gentleman. railroad commission has in controlling interstate and intrastate Mr. MANN. The gentleman perhaps did not quite under- commerce? stand it. 1\fr. MANN. I haYe pointed it out. All the gentleman need:; Mr. FERRIS. Perhaps not. to do is to read section 3. It is perfectly plain. Mr. MANN. Suppose a dam is constructed wholly within Mr. FERGUSSON. I do not understand it. a State for tho generation of hydroelectric po'\'i·er and that Mr. 1\lANN. There is no doubt about the meaning of it. State has a public-utilities commission; does the Secretary of 1\fr. RAKER. I want to call the gentleman's attention to this tlle Interior control the charges or does the public-utilities language on page 4, where it says: commission? · Mr. FERRIS. The public-utilities commission. Is hereby conferred upon the Secretary of the Interior or committed to Mr. MANX Suppose in the course of time they run a line such body as may be provided by Federal statute. out of the State carrying electricity; then who controls? The committee realize that there is considerable difficulty in 1\fr. FERRIS. The State loses jurisdiction, and the Secretary this, and I hope some time in the future there will be omebo9-Y of the Interior performs a function similar to that of the authorized to handle this matter so that it would not be in the Interstate Commerce Commission in fixing the rate. control of one man. :l\lr. MA~"'N. Then, to-day it is under the Secretary of the Mr. MAI\'N. I think that alternati\e provision in the· bill is Interior and to-morrow it is under the public-utilities commis a Yery (J'ood one. We would hn\e the power throu(J'h commission sion, or to-day it is under the public-utilities commission, which to mai;tain these rates whether mentioned in the bill o1· not. fixes the rate, and to-morrow it is not; or, in .other words, if I think the utility commission in the States where tlley have the company finds it is to their ndyantage to deal with the commissions that regulate rates ought to ha..-e some control ovei.· public-utilitie commission they may suspend a line, or if they the rates within their States. Under the tet:ms of this bill, if a find it to their ad>antage to deal with the Sec1·etary of the company furnishes power or electric power for light in n ci_tr, Interior they may extend the line across the State? the Secretary of the Interior has control of the charges wb1cll l\Ir. FERRIS. The principle is identical with that of a the company may make in a municipality for light, whE;>reas railro~d. The gentleman knows as to interstate railroads the under the public-utility laws the public-utility comrni~. ion of Inter tate Commerce Commission applies, and when it is the State would haYe power, and in my judgment have it prop intrastate the State commission applies, so there is no difference. erly, because it has to regulate. the. power of the citie all ov~r 1914. CONGRESSIONAL -RECORD-HOUSE .. 13679 the State, whereas this may be only one city out of a good and privileges.~. would quickly become bankrupt in its efforts -to many in the State. compete. It seems to me that must be self-evident to every , The OHAJUMAN. The time of the gentleman from Illinois Member of this House. It is simply common sense. It takes [ lr. MAN. ] has expired. considerable capital to organize, construct, equip, and operate 1\Ir. FERRIS. :Mr. Chairman, I yield 15 minutes to the gen one of these companies. Does anyone seriously believe that tleman ft·om California [Mr. RAKER]. men of means will invest large sums where the risks are so 1 great? I for one can not bring myself to believe anything o~ [Mr. RAKER addressed the committee. See Appendix.] the kind. 1\Ir. FERRIS. Will the aentleman from Washington [l\Ir. LA In my hUlllble judgment the legislation that should be en- FoLLETTE] yield some time? acted in regard to water-power development should be liberaL l\Ir. LA FOLLETTE. I yield to the gentleman from Cali It should not be hedged around with all kinds of conditions. fornia [Mr. KAHN] fi-re minutes. There should be a provision to preTent combinations for the : Mr. KAHN. Mr. Chairman, I do not doubt that the com purpose of fixing the selling price of hydroelectric power with mittee be.lieves this bill will do a world of good. It is a great companies already established or companies subsequently or.._ , improvement on the existing law which has handicapped the ganized. There should be a provision against limiting the out- · development of hydroelectric power, especially in the West. put of power by agreement with other companies. There should . Personally I doubt, however, that the proposed bill will bring be a provision against agreements with other companies as to into being a single new hydroelecb.·ic power plant. The report the area to be served by the new -company. Violations of these of the Committee on the Public Lands on this bill itself con provisions ought to work a forfeiture of the grant. But I fes es that in Montana the Montana Power Co. owns 97 per cent doubt the wisdom of hampering proposed new enterprises by of the developed water power in that State and controls nearly compelling the latter to pay into the Treasury of the "Cnited as much undeveloped water power as it now has de-veloped. States sums of m1ney that will be a burden to tho e new enter-c Most of that power was developed at a time when the conserva prises which the existing companies will escape. tion question had not been taken up by Congress. The men who Mr. Chairman, what we need in the West is development._ invested their money in that enterprise got their power sites There are unlimited opportunities in the great States of Colo .. without any strings attached to them. They·are owners of those rado, Wyoming, Utah, Montana, Idaho, Washington, Oregon, sites in fee simple, under patents obtained from this Govern Nevada, Arizona, New Mexico, and my own State of Californ:a ment. They have been able to sell, and are now selling, power for the profitable investment of capital. It is considered the without any opposition from any competing company. They proper thing in some quarters to rail at the pioneers whose have practically a monopoly on the sale anti delivery of hydro enterprise and capital and courage brought into existence so,ne electric power. The same is true in nearly et'ery Western State. of the hydroelectric companies that are operating in the West. Take the State of California, for instance. It was in that State I believe the men who conceived them, who put their money, that long-distance power transmission was developed. Electric into them and took a gambler's chance on their proving suc power was gP..nerated in the Sierra Nevada Mountains, or the cessful, ought to be commended. In most of the Western States foothills of the Sierras, and carried a distance of 190 miles to laws have been enacted which regulate the bus!ness of the com .. the coast cities where it was sold. A great many people have panies. That is proper. None of them can object to honest an idea that there are enormous fortunes made by these power regulation. And in that . respect we have made considerabl~ companies. Probably some of them have made, and are still advance over the hysteria about conservation that swept over making, large returns on the amounts invested. But I know as the country 8 or 10 years ago. a positive fact that there are several companies in California Why, Mr. Chairman,· when the doctrine of coll3ervation of the that were in existence 10 or 15 sears before they were able to natural resources of this country was first enunciated it was declare a single dividend. hailed with such acclaim one was almost led to believe that a: I suppose the same is n·ue in other sections of the West. To new gospel had been proclaimed. As a matter of fact conserva. my mind the legislation for the regulation of these hydro tion in some form or another has always challenged' the atten... electric companies should be of the most liberal character. A tion of mankind. The Hebrews had such a high regard for trees company should be allowed to start Us operations with as few that they were forbidden to cut them down even in the lando~ And, re. trictions as possible. I believe they should be regulated; but their enemies. we find in the Book of Deuteronomy to tie them up with all kinds of rules and regulations made by xx, 19, this injunction of the Lawgiver: "When thou shalt bC: the Secretary of the Interior will simply result in failure, so far siege a city a long time, in making war against it to take ~t, : thou shalt not destroy the trees thereof by forcing an ax against as the formation of new enterprises is concerned. them;" etc. · Mr. RAKER. Mr. Chairman, will the gentleman yield to me right there? There has come down to our own times a tradition that -cen-1 turies ago, when the " bow of yew" was the weapon of offense Mr. KAHN. In a moment. The committee admit the Iuw of and defe~se of the people of England, a wave of "yew tree February 15, 1901, is a failure, and therefore they have brought conservation" swept over that lund. It was feared, even in in this bill in the hope that new enterprises will be sta.1ted. I those early days, that if the indiscriminate cutting of the yew, now yield to my colleague. trees of England was not prevented the inhabitants of the Brit• · l\Ir. RAKER. I think that the gentleman has practically ish Isles and their descendants would be deprived of their answered the question that I was about to put to him. weapons of defense, and they would become in con~equence eas~ Mr. KAHN. No new enterprises to speak of were started nctims to the hordes of assailants from the mainland who wer~ under that law. .And yet the ultraconservationists believed they constantly fitting out expeditions and attacking the inhabitants had achieved a great triumph for their cause when it was of the •• tight little island." Of course, the proponents of that enacted in 1001. It simply resulted in the intrenchment of kind of conservation could not foresee the invention of gun monopoly. We of the West, familiar with conditions out there, powder and our modern weapons of war. They groped along in did not at auy time take any stock in the legislation. We felt the belief that the bow and arrow were essential to their very it would be a failure, and now the Committee on the Public existence, and were doubtless just as greatly concerned about Lands concedes it to be a failure. This present proposed legis the conservation of their yew trees as our modern American lation is intended to ease up the situation, but everyone who conservationists n.re concerned about our supply of coal. knows anything about the water-power problem in the West Many yeare later-in fact, a few years subsequent to the knows that it is practically impossible for a new concern to great naval battle of Trafalgar-an English admiral feared the compete with an existing concern, if the new concern at the verv time was rapidly approaching if! the affairs of his country when outset is compelled to pay into the Treasury of the United the supply of oak trees would be exhausted. Oak was abso States certain sums of money for its right of way and its privi lutely necessary for the construction of frigates and sloops and leges, which the companies already in existence do not have to brigs of war. So this doughty old admiral was wont to equip pay. It can hardly be otherwise. himself with pocketfuls of acorns and a long cane with a The existing hydroelectric power companies have in almost sharp ferrule and start off on a tramp through the country every instance a perpetual franchise. They own the power sites districts. At every few paces he woula jab his cane into the outright. 'l'hey are not hampered by leases and rules and regu soil and quietly drop an acom into the hole he had made. Thus lations formulated by the Secretary of the Interior. They do he hoped to replenish the supply of oak timber then so necessary not have to pay a single cent into the Treasury of the United for the construction of Britannia's fleet of warships. He States on account of some privilege or permission contained in a probably felt he was doing a great work in the cause of con lease limited to 50 years. They are in a position to cut the price servation. And even in our own country in the early part of of power so low that a new competing company, hampered by the nineteenth century there was a great controyersy over the rules and regulations of the Interior Department and compelled cutting ~f white-oa.k trees, on the score that the timber was to pay large sums into the United States Treasury for its lease needed for the American Navy. 13680 CONGR.ESSION AL RECORD--HOUSE. AuausT 13, Neither the British admiral nor tho e in the United States Second. ~ecause if the bill is intended to pre-rent monopoly who feared au oak-wood famine could foresee the-success of the and extortion, that can be accomplished by granting a condi ironclad fighting shi11s. They did not know and probably would tional and re-rocable title, subject to control by the Federal not ha \e been aule to realize that inside of threescore years and State public-utility authorities, as to the amount of land from their day and generation not alone the vessels of the that any company can hold, and also as to the rates and senice. world's navies but also the vessels of the world's merchant ma If we have not sufficient Federal laws for that purpo e, let rine would be constructed out of iron smd steel. Congress enact them; and if the States have not sufficient laws Mr. Chairman, a sensible policy of conser,ation is a good at this time to safeguard the interests of the public, the Interior thing. Willful waste should always be aYOided, and, if per Department should continue its present withdrawal and exces· sisted in, properly punished. If the great natural resources sive classification policy until such time as the States shall haxe been placed upon earth as a lJlessing to man, they should atlopt such measures as will effectually protect the people. be used by man ; but man shoultl use them rationally. Per Third. If the bill is intended by anyone as a systematie sonally, I do not fear what will happen in the future. I remem attempt to capitalize and exploit the West and convert into a!l ber ba-ring rend a doggerel many- years ago about a "scientific enormous and permanent Federal revenue-producing proposition gent" who had made a \ery careful computation as to when the prac~ical1y ~11 . of the remaining natural resources upon tlw world would come to an end. His figures were convincing to publlc domam rn the Western States, then it is an ouh·ageous himself, at any rate. They foretold the end of this mundane discrimination against those States and an infamous perversion sphere in about 95,000.000 years-and he worried about it. of the taxing power, and at the same time depri-ring those I do not think we need worry about hoarding the great natu States of their legal right of taxation of the property within ral resources. If they should e\er be in danger of becoming their borders. exhausted, Yankee ingenuity will de-rise some article thnt will Fourth. Because if there is any one thing that the We t is not only lJe just as good as the original re ource, but will be a and bas always been bitterly opposed to, it is the prevention of 'Whole lot better. It has been well said that "necessity is the settlements and permanent withdrawal and withholding of otir mother of inYention." My friends, whenever the necessity has l2nds and other resources from entry and sale, and the cavi· arisen in this country the American inYentor has always been talization of them into the production of Federal jobs and Fct'l .on hand with his little patent to minister to our wants and eral revenue and bureaucratic rule 2.500 miles away. Thls bring just a little more creature comfort to his admiring coun system will be no benefit to the Xational Go-rernmcnt and it trymen; ann, judging by the pn&t, be always will be. will very seriously retard the development of our Western 1\!r. FERRIS. Mr. Chnirman, I yield 15 minutes to the gen States. tleman from Colorado [Ur. TAYLOR]. It is only fair to the Public Lands Committee and to the Mr. TAYLOR of Colorado. Mr. Chairman, at the time- this House for me to say that my objection to this bill is to the leas bill was reported to the House by the Committee on the Public ing and royalty system, and not so much to any particular items Lands, .of which I am a member, I voted against the bill and in the bill. I think the Secretary is gi'ren too much power, and reserYed the right to file a minority repnrt and also to oppose it other pro-risions are unwise. But I am not now prote ting o upon the floor of the House when it cnme up for consideration. much against the details as Lgainst the principle. If Congress I have not filed a minority report specifically against this has determined to enact any water-power leasing law, the terms bill. but I did file a minority report against the companion bill, of this bill are, in the main, not unfair. I earnestly and con H. R. 16136. for the general leasing of coal, oil, and gas lands scientiously worked with the committee for many weeks to make report No. 668, part 2. In that minority report I referred at it as good a bill as possible, and there are many pro-risions in length to this bill anJ to the leasing principle in\ol\ed in this the bill that I earnestly hope will be retained if the measure is legislation. to be enacted -into law. I regret that these so-called conservation measures are being Section 14 of the bill, specifically respecting. protectin~. and considered in this manner, under &pecial rule, with. pnly four reserving from the operation of this law all the -rested irriga hours being allowed for general debate, when it has surb n tion. domestic, and other water rights of the West, is m.v in tremendous and far-reaching effect upon the western half of diYidual amendment to the mensUl'e ns originally introdttreu, this country, and when there is such a comparatively small and it is of 'ery far-reaching and -rital importance to the West attendance of the membership of this Hou e. that that section should 1cmain in the bill; otherwise we will I want to say at the outset that I do not want to be under ba\e interminable litigation and hardships. The pro,ision au stood as criticizing the Public Lands Committee or any of my thorizin& the granting to municipalities all water power withont colleagues upon that committee. Moreo-rer, I have the most any royalty charge is also my individunl amendment, which profound respect for the ability and patriotic motives of the should by all means be retained, and if it is, it will ultimately Secretary of the Interior, the Hon. Franklin K. Lane. I not be of tremendous benefit to the public. generally. And I earnestly supported other beneficial features of the bill. of which I w~ts only thoroughly belie\e in his honesty and ability and utmost not the author, and I want to see as good a bill 11as ed as pos good intentions for the upbuilding of the West, but I think be sible, if our country bas determined to embnrk upon this leas is the greatest Secretary of the Interior this country has bad ing policy. This is not a que tlon of indi,iduals or of political since Colorado's grand old man, Senator Henry 1\1. Teller, held parUes. It is a question of the constitutional right as well as that distinguished and powerful office. the justness and adYi..,ability of a goyernmental policy. But I feel that I would be recreant to the people of Colorado Ninety-fi-re per cent of the o>er 00,000 pormlcttion of Colorado who ha-re three times honored me by election to this dis haYe always been against the policy of the Go\ernment going tinguished body, if I did not earnestly protest against this bill into a general busi!!ess of the perpetual withdrawal and leasing and to this class of legislation. I am and always ba-re been of the natural resources of our State. And my protest is opposed to ba-ring the resources of the West withheld from directed not only against this bill and its companion bill pro· pri-rate ownership and put into a general Federal leasing sys viding for the withholding and lensing- of all the coal, oil. gas. tem. and I can not reconcile myself to belie-re that it is for the phosphate, and other substances of our State without recogniz welfare or de-relopment of our Western States to have our ing the moral and constitutional rights of the people of those internal affairs go-rerned by Washington bureaus. I earnestly Western States to have this property ultimately and according feel that that is an on-American policy. We of the West do not to law go into pri-rate ownership, but agniust what seems to me like absentee landlordi m, and we can not look with fa\or upon a part of an impending program and determination to take all a lnrge part of our country being occupied by renters who pay of our resources, including gold and silYer and other precious little or no taxes and who are on a tenant-at-will basis, with and valuable metals, and capitalize for Federal re,·enue eyery compnratiYely little interest in or allegiance to our State. and I thing that is now upon or in the public domain. feel that that is what this system of perpetually leasing our It is largely true, as stated in the report that many of tllC resources menus to our States. I am therefore opposed to the natural resources of the West are to a certain extent in a state pas age of this bill- of nonuse; that is, they have ne-rer ueen opened up and de First. Because. in my judgment, it is in \iolation of the moral, Yeloped. But we feel that it is not necessary for the Federal legal, and constitutional rights of the Western States, and is in Government to go into all of these different kinds of busine s contra-rentiou of the enabling acts by which they were admitted and adopt a general lensing policy of all of tho o resources in into the Union, and to that extent unconstitutional. I look order to open up and de-relop the West. If the Government will upon this bill and its companion !Jill as absolutely and ruth open them to entry and resene the right to control the rates lessly taking from tl1e people of the arid West some of the most and serTicc and guard against monopoly, they will all IJe de sacred property and political rights they ha-re; not only revers veloped e:'{peditiously and capital will feel afe iP inYe ting. ing the position of this Government for O\er a hundred year,, I am fnlly awnre that n large number of good pe011le through but violating the very constitutional guaranties upon which out the" est ba-re become discourage(] and sick and tireu of the those States were admitted into this Union. dog-in-the-manger policy that bas been pursuetl in recent years i914. CONGRESSIONAL RECORD-HOUSE. 13681 by the Interior Department in relation to water-power develop No oue ~an honestly ueny the statement that any general ment. They want the country developed during this generation, scheme for the leasing of any of the public domain practically and it is admitted by all concerned that the present policy is an withdraws those lands from settlement or entry by those who absolute prohibition against any development, and many of.our wish to acquire them and make them productive by individual cit-izens are apparently willing to ~ccept almost anything that enterprise; and any system which prevents lands or resources gives even a delusive hope of opening up revelopment. Possibly from going into private ownership prevents their becoming they should not be blamed, because they have evidently come to subject to State and local taxation and relieves them from the conclusion that it is better to fly to the evils that they their just proportion of the maintenance of the State govern know not of, rather than further endure those that they have. ment. There is a vet-y general and widespread desire throughout I believe all history will bear me out in the statement that the West to in some way raise the present unjust and unneces it is not in the interest of the people or the welfare of the sary goYei'lllllental embargo on the development of our re Western States to have large bodies of land and valuable ~·e sources located upon the public domain. The people want to suurces withheld from taxation and perpetually managed and in some way secure the expeditious development and mainte controlled at long range from the city of Washiugton; a.nd nance and operation of our resources under suitable control every step taken by Congress in the direction of withholding and regulations in the interest of the general public. Every from actual settlement and ownership by local citizens tends to right-thinldng person is in favor of those objects. The ques the centralization of power and strengthening of the bureau tion is how best to secure them. The West heartily welcomes cratic grasp of the Federal Government upon the resources and any wise regulation as well as any thorough prevention of any control of our States. monopoly or waste. But for the accomplishment of that we This bill will affect the welfare of the entire population of emphatically deny that it is at all necessary or right or fair the western half of this Republic now and for generations to fot· the Government to permanently withhold our resources come. The question is not only as to t11e effect of these so-called from private ownership, and, in addition, to tax us for the use conservation measures upon the present development of our of them. We have been reared to believe that perpetual bureau water power, coal, oil, gas, and so forth, but the question is cratic control in our States is a flagrant violation of govern whether or not the welfare of this Republic, and the West in mental procedure under our theory of government. particular, will be benefited by this general program of putting No matter how loudly and vigorom:;ly and repeatedly it may be al! of our natural resources on a Federal leasenold-royalty proclaimed that these lands " belong to all the people," the fact basis, and thereby permanently withdraw for all time and with remains that when those States were admitted into the Union hold them from private ownership and prevent them from going the United States Government entered into a solemn compact onto the tax rolls, no matter what the object or pretext may be with each of them that the lands within their borders should or how laudable the alleged purpose may be. Will the West be expeditiously and in an orderly manner disposed of to set be benefited by putting a large and permanent and perpetual tlers and be allowed to go into private ownership, to help build · tax upon our consumers and burden the development of our and maintain the State government; and Congress has no moral, States for the purpose of building more reclamation projects or legal, or constitutional right to repudiate or violate that agree for any other purpose? ment, much less to wantonly authorize the Secretary of the Mr. KAHN. 1\lr. Chairman, will the gentleman yield? Interior to impose excise duties upon our development Mr. TAYLOR of C<>lorado. Certainly. · It .is probably true that existing laws need overhauling. If ~r. KAHN. In the final analysis does not the gentleman so, Congress should overhaul them; and in the meantime the think th~t t:J;lese .charges which the companie3 will have to pay \Vest · would be wonderfully benefited by a more liberal con under this bill Will be footed by the ultimate consumer? struction of the existing laws. We have had government by Mr. TAYLOR of Colorado. Certainly, the ultimate consumer suspicion and Federal agents too long in former years, and will foot the bill. It will just add that much more tax, that that is one of the main reasons why the West has not de much more unnecessary burden on the people. veloped faster. We must not look at this merely for the present, but for the It is not right or necessary for Congress to puf the Western future, and the ultimate welfare of the people of those States States upon the same basis as the Territory of Alaska in order in particular and our country in general. Is it wise to put a to assist in their development or to prevent monopoly. If there perpetual and increasing Federal tax upon our development is a general demand for better laws tQ encourage development and upon every fireside and citizen of our State; upon every and prevent speculation and monopoly, let us enact them. We horsepower that is hereafter generated and used by the farmers of the West want development more than anyone else does, and or anyone else; and upon every ton of coal hereafter mined in we will heartily join in the enactment of any reasonable meas our State and used by any of our citizens, even if some of the ures that will prevent speculation and monopoly and safeguard money is used-which it probably will not be-for the laudable the public interests, and preven. extortion and waste. But we purpose of getting some more money with which to build recla deny that it is necessary to adopt a permanent leasing policy, mation projects? Is it a sensible or fair business policy to tax thereby putting ourselves into a perpetual Federal tenantry the general consuming public approximately $100 for the sake class, to bring about these most desirable results. of giving back to some locality $1? Moreover, is it an equitable To me these paternalistic and centralizing tendencies appear or sensible business policy for the Government to withhold all little short of national bureaucrr.cy run mad. With some people of this enormous wealth forever from private ownership and conservation has become a mania. I hope I may be mistaken, deprive the States of hundreds of millions of dollars of taxes but this policy looks to me like a bold trampling upon the prin which they would derive from it, and give them back in lie~ ciple which lies at the foundation of our republican form of thereof, if it does, a few thousand dollars in reclamation government. It appears to me as a brazen denial of the" equal projects? - · footing" upon which the Western · States entered this Union. .There is no question in my mind but what this policy is and American citizens do not take kindly to . absentee landlordism. for some time will be Yery popular in the East and North and We do not like the idea of perpetual bureaucratic rule. We pre South. Those sections are not aff.~ cted by it, and the Repre fer to be governed by the law and by our own people, instead of sentatives from those portions of our country honestly believe by rules and regulations promulgated from the city of Wash that they see an opportunity of ultimately getting some money . ington, ofttimes by people who have no personal knowledge of into the Federal Treasury by this program. · our local conditions. We feel that these measures forever fasten '!'hey really believe that now, but they will be greatly disap upon the people of the West and the resources of our States pomted. They have the power and the Members in Congress the bureaucratic grasp of the Federal Government. We know to force this policy upon us of the West, and it looks as though that bureaucracy grows on what it feeds upon. We want the they may possibly do so. But because they have the vote to do laws intelligently framed, in the light of the wel!are of the gov it does not make it right or fair, and because they have the erned as well as the governing bodies. Let us western people power to force this imperialistic, crown-land, bureaucratic pol develop the resom·ces in our States under whatever reasonable icy upon us can not make me welcome it or advocate it when I restrictions you may deem proper, and we will soon become a am profoundly convinced that it is not right and when I belie\e storehouse of wealth to this Nation. · that it is a high-handed outrage upon us. Do the Members of This law may,. as the majority report says, "do with Gov this House feel that it is fair to authorize the present Secre ernment property what has been done by the foremost countries tary of the Interior, or any other Secretary or bureau chief or of the world," and may be entirely suitable to a monarchy, but clerk, to grant 50-year leases on our resources, and to reYoke I confess that I can not make myself believe that it will nlti them at will, cancel them, for the violation of· any regulation he mately be beneficial in our form of government. I do not relish may make? Think of the enormous power that is being placed the idea of Uncle Sam going into 57 varieties of business on our in the bands of one man. We have no fear of our pre&ent Sec· money. retary of the Interior. But Secretaries come and Secretaries LI-862 13682 .CONGRESSIONAL RECO~P-~OUSE. AUGUST 13, go, and who cnn tell what the conditions in our countr_y will be conRtitntional grant of powers independently of any public 20 -years or even 10 years from now? . lands. Why this unseemly haste to rcY:er-se the entire public domain's The people of the West have already sufferea so much at the allstory 'Of our country and infiict this burden upon the neArt hnnds of the misstyled eonservationists that they are exceed· generation, and jam it tbJ·ough .this Congress with 1>nly four ingly apprehensive of the danger of this most bold and iax .hours' debate. when. neither of the great political parties have renchi~ Federal -encroachment upon the public-land J:ra.ditions ever indorsed it? 1t does .seem to me that as far-reachin~ of the Nation. and vital n proposition as this ,is ought to be considered by all I feel that the West is in honor bound to resist to the utmost the nntional parties and the people generally before it is rushed of jts ability these imperialistic aggressions upon our public through Congre and pnt urJon us. All poH tical parties in land heritnge, which threaten to deprh·e the West of its popn· Colorado ha-re uniformly denounced this leasing system, and lation and rightful opportunities. 1\lany of as patriotic citizens .neither the national Republican nor Democratic Parties ha-ve as there ·are in this Republic look upon this leasing policy as eTer given one word of approval :nf it. The pnrties indorse con the last act in the effort of 1he East to overthrow all the tra· servation. but not leasing. In my judgment this leasing policy ditions of our Government affecting the disposition of the is contrnrT 1o the principle upon which this Republic was public domain and the permanent establishment of bureau :founded-that the Government .has no right to embark in a great cratic control oYer the western lands and resources. and the many kinds o~ business iu competition with its cHizens. Thi-s forcing of the We..._<:tern StMes into subjection to the inteu ·e dual form of government in the West, .which the enactment ,of industrialism of the East The Government ha.s no moral right the c bills will neces arily bring about, is a bad policy. and I to hold these lands in perpetuity and lease them. The in J>rophesy that it will pro\e one of the most gigantic failures and numerable ~tnral obstacle in the wny of the development of •expen i''e fia cos that the GoYernment has ~,·er undertaken. the West a:re -so arduous and almost insurrnoUIJmble that they It will be n tremendous success in creating Federal jobs. but ·require the utmost heroic courage and endurance and per no net receipts from these royalties will ever get into the Fed .s.istence to overcome, nnd 1 a_ppeal to Congress and to nur ·eral or -State treasury. History will repent itself, and our . otb~r goYerrunental officials not to iuflict these additional nnd Stntes will never receh·e one dollar from .this source. But the unjust burdens upon us and our children and our children's people wil1 ha-ve to bear an enorn1ous burden for its snlaries children. .and expenses. Tlw cost of administration wm consume it all. Tbe Eastern, Northern, and ·Southern Stutes do not ha~e to • It is the most gigantic scheme fm· the incre:1se of Federal em surrender 10 cents n ton ior their coaL That coni land had no ,ployees and enormously augmenting the power and influence of -ralue until we went there and settled the country and lllilde tt these bureaus in Washington that this Nation has ever wit valuable. Why should the .G<>Ternment get this un~'lrned incre nessed. The boldness of it is astounding. and the complacency ment? This whole leasing ~stern is wrong in every way. It with whlrh it iF received is an eYil omen for our country. · is umnse, impractical, and unprofitnble. It is economically It is not nece...~nry for honest conservation 1o hav-e our do and morally unfair, legally unjust, and a grievous nn.: irritating mestic affairs condncted .from Washlngton. It ne-ver was the political imposition upon the western p~ople, because for ooth, policy of this Go,·ernment to engage in -business to make ..money they nre not sufficiently Btrong to pre,·ent it. This poliey com or to provide offices. -nnd conservation ought to inclnde some pels us to pay an enormous tribute that will grind into our thing more exernplnry than constantly enhancing the power of States a tyranny that will be intolerable. It is utterly unnec the.se bureaus. It should embrace something more worthy than essary, and it can not be defended upon any grounds of equity creating .more positions, imposing upon the people additional or fair dealing. burdens and additional expenses upon the Federal Treasury. To my mind, these leasing bills add insult to injury. -rrhey lHLL UNCO~STITU.TIONAL. not only depriTe us of our constitutional1·igbts and ut the same Every State in 1his Union has an inherent Tight to de--velop time impo. e outrageous taxes and royalties upon us, but. in artdi· the rPsources within its borders and ·receive the benefits of that tion, they deny both om honesty and capacity for setf-gm·ern development. Thflt is not only a natural and necessary but .a ment. These biUs in their _present form are nothing more nor sovereign and constitutional rigbt; and the Federal GovernrneiJt less than a formnl declaration -by Congress thHt the Western has no constitutional authority .to deny or interfere with that Stntes are incompetent nnd that their acts and purpo es are Tight. . subject to suspicion; that the Government is di "h'ustful of the These b111s, if passed, .ought to ·be declarea .unconstitutional, goort faith of the people of the We t; thnt Congre s is of the because they are in l>olil _and defiant violation and denial .of the opinion that those States, their citizens and their leglslanues, sovcrPignty of the We~tern _stntes. While the United States are not competent to control, regulate, and develop in the publie bas full authority to protect its pr.oprietary interest in the pub lnterests the resources within their borrlers. lic lands. it has no 1·ight to exercise local " .municipal sover· I can not belie-re thnt this Honse will ever approve of or eignty ~· over those lands, or jnterfere w1th their development, tolerate any sucb unprecedented imposition, and if H does 'I or iteprive the States oi the proceeds of their own natural know the United Stntes Senate never win. resources. The Federal Go-rernmerit might with equal justice, and with The Western States were admitted into the Union upon an no more pointed accusation of incompetency, deprive the We t· equal footing with, and _they were _guara:nteea author1ty equal ern States of all their other so,·ereign powers. This leasing in all re.spects tu, fhnt of the llfiginal States. Section -3 of ~SYStem will create on the one 'band a d much better than any outsiders can. I will neyer acquiesce in attorney general. One familiar with the constitutional history of the United States need not be reminded of the jealousy with which before the surrender of our western so\ereignty. I have an abiding the adoption of the present Constitution and during the sessions of the con\iction that there are enough brains, honesty, and patriotism Continental Congress and the existence of the Articles of Confedera in the West to wisely regulate and control these public-sernce tion, the original States, and particularly Virginia, in their cessions of lands to the United States guarded their own rights and limited the corporations; and if there is any question about it in any State powers of the United States over· them; until in October, 1780 Con at the present time, and until such time as suitable laws shall be gress resolved that the lands which may be ceded to the United States enacted, the Federal Go\ernment can and should retain con_trol by any particulat· State shall be disposed of for the common benefit of the United States and be settled and formed into distinct republican over them; and probably should permanently reserve the right State , which shall become members of the Federal Union, and have to exercise a supervisory regulation of them whene\er the local the same rights to sovereignty, freedom, and independence as the other utility commissions do not perform their duty. But in order States. The fundamental proposition assented to by the United States upon to retain such control it is utterly unnecessary to impose a which these cessions were based was that the public lands within new Federal tax upon our develovment and at the same time prevent States. existin!.{ or to be created, should be . disposed of. sold, for the the going into private ownership and onto the tax rolls of hun benefit of the United States, for the reason that the States believed it would be injurious to their sovereign rights that ::.n:v large areas of dreds of millions of dollars' worth of property. I look upon it land within their boundaries should be permanently beyond their ta~ing as ·neither right nor necessary but humiliating for Congress to power and control and within the sovereign jul'isdiction of another put the Western States upon the same basis as the Territory of power. Further, it is to be remembered, that all new States were to be admitted to the Union upon terms of exact equality with all other Ala ka, and thereby force many of our present and a large pro States, and thE> act of admission of the State of California declared portion of our future population into a perpetual Federal ten that ''the Stab· of California shall be one and is herE-by declat·ed to be one of the United States of America and admitted into the Union on antry class, under the guise of regulating our de\elopment. I an equal footing with tbe original States in all t·espects whatever. The repeat that this is not a question of individual or of political people of said State shall never interfere with the pl'imary disposal of parties, but one of go\ernmental policy. . the public lands within its limits." In the case of Pollard's Lessee v. Hagan (3 How., 212) the Supreme Court of the United States with I am not intentionally criticizing anybody. I am merely great learning di. cusses these contracts between the several States and giving a few reasons why I personally believe that the adoption the nited States and the meaning and force of the constitt1tional pro of this leasing poli<'Y is unnecessary, unwise, and unjust to the visions thereafter pa"sed. It is there declared as to the Government lands within such States that the nited States never held any munici West. pal sovereiJ:nty, jurisdiction, or right of soil in and to their territory, or I look upon it as presaging the leasing of our gold and silver, in and t.o the territory of any of the new States, excepting the i·ight lead and zinc, and all metalliferous mines, and all our other over them of executing the trust, which trust was to provide for the-ir disposition by cessions or sale. It is further held that every new State resources, including scenery and climate. comes into the Gnion upon terms of equality with all other States. and Bureaucratic control never has been and ne\er will be good such an equality can not exist if in any one State it exercises sovereign for either the people or the property so controlled, I object to powers over the lands, while in another it bas disposed of such lands, or in the execution of its trust must dispose of. them. In Coyle v. the West being exploited as a province or insular possession of Smith (221 U. S .. 559) these doctrines are reasserted and affirmed, and the United States, with a permanent system of tenantry fas.tened the power of the United States to pass any law which will create in upon us. We of the West do not relish carpet-bag government equality between the States bas repeatedly by the Supreme Court of the United States it elf been declared to be void and of no effect. (New any more than you of the South did. Why are you from below Orleans v. De Armas, 9 Pet.. 224 ; Groves v. Slaughter. 15 Pet., 449 ; the .Mason-Dixon line so soon forgetful of those hardships and Illinois Central R. R. v. Illinois, 146 U. S .. 387; United States v. Me· Bratney. 104 U. S., 621 ; Hardin v. Shedd, 190 U. S., 508; United States so ready to inflict them upon us? v. Winans, 198 U. S., 371.) What honest or fair-minded man can justify putting a Fed We are, of course, not unmindful of the decisions of the Supreme Court of the United States, such as Kansas v. Colorado (206 U. S., eral tax upon the water power of our nonnavigable streams, 89), and Light v. United States (220 U. S., 523), which declare that which cost the Government nothing, and putting no tax on the within the governmental trust to "dispose" of its public lands vast water power generated by the na\igable streams that cost the areas of them within existing States may be taken from the dominion and control of the State and placed in perpetual reserve. Whether taxpayers of the entire country hundreds of millions of dollars? inconsistency and hostility exist between this latter line of decisions I ha\e not the slightest fear of Secretary Lane individually and that headed by Pollard's Lessee v. Hagan, the Supreme Court itself being unfair. But he can not personally attend to the tens of in due time will declare. But here we desire to point out that while the State of California was admitted as a sovereign State of the thousands of matters that this policy will involve, and no one Union upon equal terms with all the other States, and while it has can prophesy what royalties may be imposed by future Secre been judicially declared that an essential part of that equality is the taries or bureau chiefs or 10,000 clerks and agents. But what disposition of the public lands within the State, to the end that the revenues by taxation therefrom and the control over them may be ever they are, and no matter how fast or how slow they are vested in the State. we have in California a withdrawal by the United increased, they are an unnecessary tax imposed upon the con States from sale and placing in reserves of one-third of the area of sumers and an unjust burden upon our development. It is a the whole State-an area greater than the combmed territory of New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New bad economic policy without a redeeming . feature. I firmly J er. ey and Maryland. Not this alone, but we have in these witb believe that when these measures are thoroughly miderstood drawais a refusal upon the part of the United States to yield to the _ the public conscience of the Nation will wake up to discover State of California control over its natural sources of wealth. lts forests, its mines, its oil-bearing lands, its power sites and possibilities, that this wholesale leasing proposition is a gigantic bureau have been withheld by the United States, which proposes to exercise cratic scheme whereby the West is being compelled to barter over them, and is exercising over them, the " municipal sovereignty " away its birthright for a mess of Federal .pottage, without any which the Supreme C(\urt of the United States in Pollard's Lessee . v. Hagan declared not to exist. If at the time of the proposed cession assurance of ever getting the pottage-at least during thjs of its lands by Virginia, Congress had declared its intent to be that generation. which it has actually executed in the State of California, little doubt can be entertained as to the answer which Virginia would have made. Aside from the principle of surrendering our States' consti It is, indeed, a departure from the accepted construction of these con tutional rights and looking at it only from a commercial stand stitutional provisions to have it said that the United States may. as point, it looks to me too much like taking $20 out of one pocket here, withdt·aw from State use one-third of the area of a sovereign State, forever deny to th~ State the sovereign power of taxation and with the hope of ultimately putting 50 cents back into the other. control over these lands, and develop and exploit them under its own I can not believe that these bills will ever be enn.cted into rules and regulations for the enrichment of its own treasury. And so, law. If, however, they are, I confidently predict that history coming to the specific section of land here under consideration, if it has pos~i-bilities of water storage and power development, certainly it is to will repeat itself and that these laws will sooner or later be the interest of the State that these potentialities should be developed again indignantly repudiated and repealed. But it will be after in the interest of its citizens and the revenue derived therefrom by hundreds of millions of hard-earned dollars have been wrung rates, tolls, and taxation go into its own treasury, rather than to wit ness them lying undeveloped and unimproved, or if improved at aU, from the pockets of the common people and consumetl in unde improved for the enrichment of the National Treasury. This Is mPant served salaries, needless expenses, and useless waste of our to convey no criticism of true conservation of natural resources. llut sub ·tance. It will be after our resources have been wantonly it is a simple declaration of a manuest fact that. in a State such as CalUornia, a large part of whose territory and whose natural re.,ources exploited and the Federal Treasury ruthlessly looted for many are taken away from State control, the denial of the right of taxation years by an army of utterly unnecessary Go\ernment employees. to such land , the erection of an imperium in imperio, are develop I therefore hope that this SL~ty-third Congress will avoid that ments of governmental ideas not dreamed of at the time of the adop tion of the Constitution, nor at the time of the decision of Pollard's unwarranted burden upon eyery hamlet and fireside in the Lessee ·v. Hagan. And in the State of California the cause of conserva West by refusing to pass these .most unwise and unjust meas tion would not suffer if intrusted to the State itself. ures. [Applause.] In order that there may be no misunderstanding as to the The decision of the Supreme Court of the State of California, individual position of the State of Colorado upon this general filed January 20, 1914, In re Deseret 'Vater, Oil & Irrigation Co. subject, nor any question as to whether or not I correctly reflect v. The State of California, so clearly and forcibly states the the wishes of my State, I will insert a copy of a joint memorial legal and constitutional rights of the Western States in relation to President Woodrow Wilson, unanimously adopted by the to the public domain that I will quote from the decision, as present Colorado Legislature, the Nineteenth General Assembly, follows: at its regular se-·sion-page 655, Session Laws, 1913-whicb, in But on the general argument we think that the true intereRt of the my judgment, is not only a fair statement of the rights of the State arc quite the opposite of tho c. declared in the brief of the West, but one c f the best and most statesman-like documents 13684 CONGRESSIONAL RECORD-HOUSE. AUGUST' 13, e'f'el' urge 8. The rnpld descent and general character of mountain streams presented to Congress, :l.Ild I earnestly: e-vet•y- ene of gives such endless opportunities for watPr plant that any monopoly my colleagues in. the House to carefully read it, as follows: of the same is physically· impo ible. Indeed, the idea I growing House joint memorial 5. mpidlJI that the small power plant is the comin~ one. When water has served it purpose for one power plant it continues itB de cent. It To Hon• . Woo·dt·om WfTsorl, President United States of America, an.d the i not consumrd nor doPs it vanl b. It Yolume is as· grPat aff{'r as onyress· ot the United States: before, and th<'rPfore hut a little lower down in the Mountain another Your memoraJlgt thP GenPrai Assembly of the State. of Colorado, power plant may be cnnstru.:'ted. an!'J so on. wuiiP tb<' stream shall last. r pectfully represent that und":r the prP .ent FPderal. policy of control 'l'b<'se delays have sei·iom,ly obstructed not only these privnte proj ot till' pulJJir domain the followrng condJt10ns obtam . ects, but have also interfe r·ed with the irri~atlon and improvement ol' L The people af Colorado are in favor of con. ervation in the mean· several hundred thousand acr('s of land belonging- to tile State of Colo in of prpvention of waste and monopoly, but are unaHembly .oppos~d rado, and gt"anted under the lawl:.- of the United States fot· the purpose to it in the dPtinition ot' prP. e~vlng our lands· and resources rn theu of improvem('nt and sale by the State pcesl'nt state for future generatiOns. We aRk that the e unlawful refusals be promptly rov.oked and fur we a"'reP that these natuml re!'OUl:ces belong_ to all the people, but the!' dPiays forbiddPn. t.fii<; ow~{'-ri 15. There is bnt one-tbirii of om area on fhe ta1t 'rOlls, with extraor The last national Democratic platform, adopted at Baltlmore, ,unary educatio:lal requit·ements to .equip our people to meet mining, industrial, i1·rigation, and otber agriculturnl de~e1opment. We must, contained the following provisions: therefore, increase the taxable area to indude 211 the lands if every We belie>e in the conservation and the development for the use of tlle portion of the State shall brax its jost share of this burdPn. peo]Jle of the natural resources of the country. Our forests, oOl' A la-rge part of our territory is included in the Louisiana Purchase) sources nf water supply, our arab1e and our mineral lands, our navi in the treaty ratifying which it is decreed: gable streams, and all tbe otht!r material resources with which our "The inhabitants of tb~ ceded territory shall be incoq~orated in the country has been so lavishly endowed constitute the foundation of onr Union of the tnited States and admitted, as soon as possible, according national wealth. Such additional legislation as may be necessary to to the principle!l of the Federal Constitution, to the enjoyment of all prev{!nt their being wasted or absorbed by special or privile~ed lnter<'sts the ri~bts, advantages, and immunities of citizens of the United States." sllouJd be enacted and the policy of their conservation should be rigidly If this provision were complied with the present bureaucratic gov adhE'red to. ernment ovru· large areas of our State would be impossible. Is there The public domain shouid b~ administered and disposed of with due <1ny reason why people who must live in and do business with the said regard to the general welfare. Reservations should be limited to the reservations should be deprived of the same rights ntld privileges en purposes which they purport to serve, and not extendPd to include land joyed by tbe citizens of the older States, and what reason is there to wholly unsuited thel.'efor. The unnecessary withdrawal ir-om sale and suppose that forests can not be grown and pl'otected, or monopolies settlement of enormous tracts of public land upon which tree growth prevented under the republican form of go'Vernment? never existed and can not be promoted tends only to retard develop 'l'he incentive of ownership is necessary to secure the best d~velop ment, create discontent, and bring reproac'h upon the policy of con ment of onr mineral tet·l·itory, and we can not expect the best citizen servation. ship unle s peop1e are permttted to own their own homes, no matter in T.be public-land laws should be admillistered in a spirit of the broad what business they enga~e. est liberality toward the settler exhibiting a bona fide purpose to comply The private-owned 1and in the State is scattered promiscuously theN'With to the end that the invitation of this Government to the land~ amongst the Federal-owned land, and there can be no bope of har less should be as attractive as possible. and the plain provisions of the monious action or good reeling through the intermingled double jnrisdic forest-reserve act permitting homestead entries to be made within the tion over our territory. national forest should not be nullified by administration regulations The Government proposes as a landlord to go into almost every kind whjch nmount to a withdrawal of great areas of the same from settle o! business within the State on untaxed property in competition with ment. Jrivate-owned and taxed property. The public business does not need Immediate action should be taken Ly Congress to make -a\"ailabl-e t~ to pay expenses, but he ownf't' of the private pt·operty must pay taxes vast and valuable coal deposits of Alaska under conditions that will to make up the loss of his Fed~rul competitor. The Federal Gove1'Dlllent be a perfect guaranty ap;ainst their falling into the bands of monopoliz engaging in business as a proprietor must necessarily occupy a con ing corporations, associations, or interests. tractual relation with the citizen, under which the Government may en We rejoice in the inhel'itance of minernl resources unequalea in ex citi~en. 'force its contract against the whereas the citizen may :not en tent, ~ariety, or va1ue1 and in tb~ development of a mining industry force his contract against the Government. unequaled in its marmtuCe an.d importance. We honor the men who, under tbe present administration of the forest reserves the Govern in their hazardous toil underground, daily risk their lives in extracting ment acknowledges the moral right of the 'State to tax the property by and pi~eparing for our usc the products of t h-e mine, so essential to the retuming to the State 25 per cent of the proceeds from sales, rentals, industries. the commerce, and the comfort of the people of tbis country. and special privileges. A.nd we pledge OUTS(>lves to the extension of the wo1·k of the Bureau It assumes the right, however, to dictate the disposition of this xe of ~llnes in every way appropriate fol.' natic:mal legislation with a view batc by decreeing that it tJhall ~o to the support of l.'Oads ana schools, of safeguarding 'the liTes of miners, lesselling tl.1e waste of essential two popular purposes, but ignorm~ the 11ecessity of the State to 'Pr<>tect resonrces. nnd prom'!Jtlng the economic develo-pment of mining, wh~ in the courts the very Lives of those living upon Federal-owned. prop nlong With agriculture, must in the future, <'Ven more than in the past. erty and the necessity for the maintenance of educational, cnantable, serve ns the 'l"ecy foundation of our national prosperity and welfare and penal institutions by the State. and our international commerce. 16. The continued with ing with Flle peo ple of the East in this regard, and will be satisfied to form for theinselves, out of said Territory, a State government, with with nothmg less. the name of the State of Colorado, whicb ~tate, when formed, shall be admitted into the Union upon an equal footing with the original States The Democratic State platform in Colorado in the year 1910. in all respect whatsoever, as hereinaftet· provided. upon which practically the entire State ticket and all three Congressmen were elected, contained the following plank: In pursuance of that enabling act the inhabitants of the Ter We reassert our po~ition upon the public-land question as adopted ritory of Colorado adopted a constitution on the 14th of March, at Pueblo in 1908, and declare the right of the State to control of the 1876, and submitted it. Paragraphs 5 and 6 of article 16 of resources within its boundaries ; we are in sympathy with the policy of that constitution which was submitted to this Go\ernment con idet·ing the natural resources of the Na tion and the State in a mannet· which will protect the right of future generations, but we are are as follows : unalterably opposed to the burea ucratic, arbitrary regulations which Water public property.-The water of every natural st ream not here wo1 k hardship on the homesteaders and the minet·s and retard the tofore appropriat~d within the State of Colorado is hereby declared to development of the State. be the property of the public, and the same is dedicated to the use of the people of the State, subject to appropriation as hereinafter pl'o During the last campaign of the fall of 1912 the Democratic vided. Party in Colorado, after Yery careful aua exhaustive consid Right of appropriation.-The right to divert unappropriated watC'I'S of any natural stream for beneficial uses shall never be denied. Pri eration, adopted one of the most comprehensive platforms that ority of appropriation shall give the better right as between those using our party has ever had in that State. All of the four members the water for the same purpose, but when the waters of any natural of this House and both of the Senators from Colorado were sh·eam are not sullicient for the service of all those de iring the use of the same, those using the water foe domestic purposes shall have the elected upon that platform. Among the declarations of prin preference o'·er those claiming fot any othee purpose, and those using ciples for which we stood were the following: the water for agricultural purposes shall have the preference o>er those GI>E PCBLlC LANDS FOR HIGHWAYS. using the same for manufacturing purposes. We favor the ceding by Congress to the State of public lands for That constitution, with those provisions therein, was fOJ' highway purposes, the proceeds thereof to be used by the highway com mally approved, and President Gr:mt on August 1, 1876, signeu mission for the construction and maintenance of public thoroughfares exclusively. and issued the proclamation making Colorado the centennial STATE SHOULD CONTROL PUDLIC LAND. State of this Union. That enabling act and those two }1ro Jn c~nformity with the joint resolution unanimously adopted by the visions within onr constitution were an absolutely binding an(l. eighteenth general assembly, and in the language thereof, "We most forever inviolate contract between this Government and the earnC'stly request that all public Jands within tbe boundaries of Colo rado Le turned over to the State under terms just and fair to both State of Colorado. Probably one-half of tl1e property value State and Nation and with such restrictions as will effectually prevent of our entire State has been built and ba ed upon those pro monopoly, to the' end that all territory shall be ~der one. jurisdiction visions. You of the Eas:t have little conception of what water and uniform law; tbat we shall have the same rights enJoyed by the older States of our Union; that all land capable of agricultural develop rights mean to us of the West. ment shall be freely open to homestead entry; that lands suitable f.or The act of June 4, 1 97, establishing the forest reserves, also summer homes shall be sold in small tracts, and under proper restnc tions, for that purpose; that prospecting may be encouraged and contained the following provision: greater mining development secured; tllat rights of way shall be under Tbe jurisdiction, both civil and criminal. o>er persons within such the control of the State, avoiding vexatious and often prohibitive de reservations shall not be alfected or changed by reason of the existence lays in construction; that water power may be had and mal!ufactur of such re, ervations. except so far as the puni. hment of offenses a _!! nin t ing encouraged; that our lands may be made revenue producmg. and the nited States therein is concernl'd, the intent and meaning of t h i~ that snell revenue from rentals, royalties, and sales. may be used ~or provision being that the State wherein any such reservation i situatC'cl the construction of public highways and the completion of reclamatiOn shall not, by reason of the establishment thereof. lose its jurisdiction projects: that greater settlement and production may make our rur~l nor the inhabitants thereof their rights and privilt>ges as citizens, or communities more populous. improve social conditions, help the rail be ab olved from their duties as citizens of the State. ways to give better service and make needed extensions; and that the blessing-s of local self-government. including the right to impose taxes The Supreme Court of the United States, in the case of Kan upon all pronerty alike and the disposal of such revenues as local needs sas v. Colorado (206 U. S., 46-118), an .... 1914. CONGRESSIONAL RECORD- HOUSE. 13687 is We would call the attention of our Cong1-essmen and Senators to the I beUe-ve it thoroughly wrong to place such tremendous un fact that a system of espionage has for years been maintained by the limited uiscretiona cy power in the hands of any one individual. Forest Service, acting under instructions from WaF:hington, we are It is not compatible with our theory of government that Con informed; this espionage is kept more especially over the actions of gress should delegate to a department head the supreme power those who have filed on land which ha.s been <:'liminated from tbe I'eseJ:ve, and whi-ch land Is no looger under the jurisdiction of the Forest of taxation and the right to suspend the operation of the law Ser\lce. One duty of the rangers in winter has been to count tbe horses for any desired periOd or for any desired purpose or to any and cattle that are pastured and fed on homesteads, even on patented objectionable applicant. land. .Most homesteaders are poor men, but a poor man has little chance to secure a homestead within tbe reserve. Applications are Im·estment of large sums of money in any enterprise will usually held up for about one- year before an applicant can file. He is not be mad~ excepting upon the stability, certaiLtv, and char given a pe1·mit to use the land until such time as the depat·tment acts upon his application. Even· if he settles at once unde1· the permit he acter of the law. People will not in\est large urns of money get no credit for l'esidence that year, the Land Office I'equiring three upon the probability of the fairness of any executive o:ffictal. :rears' re~idence from. date of filing on tbe land b<:'fore the United States This act of Congress does not give or grant any rights to any land offiee at Glenwood Sprin~s. Colo. The best of the forest lands are being rapidly lea.sed to the wealthy cattlemen, and the better class citizen or· corporation. It is an unresened and unqualified of homeseclrers will not try to get land inside an ln~IosnrP, even it delegation of frightfully unlimited di cretionary powe- to the pe1·miiled by law to do ro. Ordinary farme1·s can not alford to fence Secretar of the Interior to ghe or \\;thbold these rights; and pastures for tl.teir small herds, so in time all the reserve, or all the best portion, will be controlled by the big cattle outfits. if he decides to give them,-to desio-nate the t:rms upon which Leasing of coaJ, radium, and grazing lands are more to be avoided he will grant them. He is not only given the taxing power than leases on the forest I"'Serve"S, yet we call attention to wrongs but is given the discretion to gi"le or refuse a lease, and to either sufi'ered through having these lands controlled from Washington, where fix the terms so high that they will be prohibiti"re or so low the best informed know but little or the actual situation. All leases help the rich man and keep· the poor· man down. that they will amount to a gratuitous donation; and in the~e We well remember when :1 crurrention was called to outline a lease respects. as well as many others, it is believed that if this bill law. All the partie mvited to attend this convention from the West is enacted it will be unconstitutional. (See Field Clark, 14.3 were member· of an association of cattle barons, who formed that v. as oci.ation for the purpose of ""etting the Government to Ieu.se the u. s., 700.) public range. The shibboleth of each member of the convention was, The present law authorizing a re\okable permit for the de "Let the poor man have first choice.'' It was Hobson's choice, tbongh. They gave him a chance to tnke 160 acres adjoining his home, tbe !..and velopment of water power is now conceded by e,·erybody to be along the foothills being usunlly worthless for grazing; but the high utterly unworkable and fooli h. I prophesy that this present lands t11at produce luxuriant grass were left for the big cattlemen. law, with the unlimited forfeiture condition, will practically be The withdrawal of oil gives a monopoly to the oil kings of to-day. Withdraw the coal and you add millions to the pocket of many big ind~finite equally as and unsatisfactory. People will not invest corpornt i on~. Lumber in thL town has been incr<>used iu price $::1 capital where their entire property rights may at any time be per· 1,000 feet. This increase is not measured by the higher charge swept aside at the wrum of some executi\e official, with no ap of the Government per 1,000 feet. For example, a millman here was instructed by the foresl runger in charge to pile all brush in a certain pe:il to any court or redre s of any kind. spot. After tbe bmsh wns piled, then came a hig-her man from the I haYe received a gre..'lt many protests, petitions, and resolu outside and ordered ali the brush to be removed to another place tions against these leasing bills from the bu iness organizations. before burning. The peonle of Rio Blanco County pay for these extras. Onr I!Teatest vnlu~ lie in our coru deposits, which are immense. county commissioners, and citizens generally of om· State. I Without these assets we have a sorry future before us. will not give them, because my statements herein voice the All forms of leasing keep out immigration to the West. The course substance of their objection ; but I wilt insert, merely as a of the Government in taking from the people their coal, their so-called grazing lands, their radium, and their oil, and in taking from the sample, one from the Commercial Club of Rjo Blaneo County. people ot Colorado the water that falls on tbcir lands, to be giTen to as a fair illustration of the way this theoretical eonserration Mexicans, is malting the United States a land of aristocrats and affects and will atl'ect the development of my State. pemmnts. Tbe amount of income received by this county from 312.000 acres At a regular meeting of the Rio Blanco County Commercial Club. held of forest land is not one-half so large as it receives from certain indi at Meeker, Rio Blanco County, Colo., on the 6th day of April, 1914, the vidual taxpayers owning only a small acreage. Leasers never build up following resolutions were adopted, to wit : a country. · One s<:'rious trouble in getting justice is that conservationists are Whereas there are now pending in Congress certain bills for tile leas theorists and not practicable. ing of the public lands; and All the oil lands and the radium lands of this country were dis Whereas it appears from the CO.:QGRESSIONAL RECORD that many able covered by prosp-ectors. United States geologists are poor prospectors. and fair-minded Repres<:'ntarives and Senators have very limited We spent thousands ot dollars in proving the oil lands of this county, knowledge of western conditions: but as soon as proved to be an, oil territory they asked the President Resolr:ed, That a plain statement of facts and conditions in thts to withdraw the lands. Our aAphaltum lands were discovered and de county that have a bearing on the leasing question be made, and that veloped by home people and mted States geologists are only familiar we make earnest protest against the leasing of any class of lands what with the size of such veins of coal us have be<:'n oprned and patented ever and in any form, the statement of facts and conditions in this by home people. If the- radium deposits are left open to prospectors, county being as follows : tbi county will make that element a "drug on the market." This county has an area of 2.067,000 acres, of which 312,000 acres Our people still remember the fact that multimniionaire l\.1mbcrmen are withdrawn in the White Rivet• 1'ational Forest. about 85,000 acres were charter members of the conservation league. and that they made ar2 withdrawn as oil lands, 200.000 acres of coal lands have be~n prac millions by the timberlruld withdrawals. Our citizens were in favor tically withdrawn by the action of the Interior Department in placing of uch withdrawal, but never expected this Government to help build thereon values several times as great as patented coal lands adjoining up a monopoly. We thought prices of lumber would be kept to the can be bought for ; about 40,000 acres of carnotite lands are now sought lowest limit. to be withdrawn by Congress, and subdivisions of lands that lie het·e Outside the forest every half section of land-the so-ca.lled grazing and there along White River for a length of more than 100 miles intel' lands--remaining open to settlement contains tillable tracts ag~egat secting or jutting into the patented lands have been withdrawn for ing 40 to GO acres; and if not withdrawn will soon all tie taken by power sites, these sites being useless for power sites or purposes other home seekers, who by cultivation ot these tracts will raise more feed than to hold narrow parcels of hind over which the ditch or pipe-line and consequently more cattle on 3ZO acres than will eve1· be raised by would have to be carried, presumably so that the Government could leasers on 2.0.00 acres of the snme Iand.s. .Moveover, owners of such control the building of such power plants. lands will make permanent improvements. The cost of maintaining our county government is great because by "\Ye are especially opposed to lease moneys being handl<:'d by the Rec the shortest public roads it is 80 miles to the farthest western settle lamation Service, believing them to be more wasteful than any other ment iu this county from Meeker, the county seat, and more than 100 branch of the Government. We are well awa1·e that department offi mile from Meek<:'!' to the most easterly settlement. cials do not like criticism of their mlings and that in some cases prece To support this Cflunty we have the following patented lands: Irri dent and pride prevents ID!l.DY of t11em from righting a wrong. Our gated lands, 21,359 acres; grazing land~, 91,792 acres; natural ha-y former protests b.ave always been mild and formal so as not to offenli. lands, 2.018 acres; and coal lands, 4,149 acres. Our nearest railroad The pr·esent danger to this community is too !n·eat to do le s than lay is 45 milc s distant. bare the facts, no matter whom it hurts. The people of P.io Blanco 'l'be people of this county, including many members of this com County are a unit against tbe withdJ'awal of coal, oil, and radium mercial cluh, were the real initiators of the conservation movem<:'nt, lands. We are nearly so n to grazing lands. the only <:'xceptions being having in 1R89 petitioned the l'reRident through the medium of Thomas a few big cattlemen and a few others who already have pa tures fenced. r\- Carter, Commissioner of the General Land Office, who indorsed our Resolved, That a copy of the e !'('SOlUtions be sent to Ilon. EDWARD petition, to set aside tbe forests or this county for a park or forest T. TAYLOR and Ron. JoHN F. SR.A.FnoTH, at Washington, D. C. reserve. This was the first national f01·est created under the act of RIO BL1\, co Coc:-.TY Co:u:uERCIAL CLtJ.B, 1801. if we except a small addition to the Wyoming National Park. By W. S. Mo~TGO:\!ERY, President. Our pet1tion described the bounds of the fore. t, but the Interior De W. D. SnrMs, Secretary. partment. on the advice of men who were practicruly strangers to this county, saw fit to extend the boundaries to include more than 100,000 If this general leasing poUcy is inflicted upon the West, I pre acres of good farm lands, about one-half of that increa. e being in this dict that Colorado and other Western States will be compelled county. including one tract of 20,000 acres on which there was nothing to impose an exci e tax upon the output of our coal mines and but sagebrush and which to-day produces more revenue for this county than tbe 312.000 acres of forPst-l·eserve lands. It took six year' of other Government-leased resources as a. partial substitute for strug"~e to get tills tract eliminated. One agent sent here by the fnte the loss of taxes on those properties. rior Department in 1 fl3 or 180-l informed us that it should be reta.in<:'d A majority of the governors of the Western States met in within the fm·est lands as a winter feeding ground for deer. The same argument was advanced by For<>ster l'inchot at a later time.,. when. Denver last ApriL at their third annual conference. and pre· be sent an inspector from Washington, D. C.• to report on the ad pared a statement upon this subject which is brief, plain, and visability of adding to the forPst the lands south of White River from specific. It reflects the sentiment of a majority of the western the forest to the Utah line, a distance of 70 miles, all of the land being nontimber lands. When the agent reported that it was not forest half of this Republic, and every Member of Congress should land Mr. Pinchot asked for a second report by a local officer. read and respect that sentiment in. the enactment of legislu- ~13688 CONGRESSIONAL RECORD- -HOUSE. AUGUST 13, tion which primarily affects those -states. The resoltitions are 'render such projects all financial and other assistance possible, to the end that they may be immediately completed nnd the settlers thereunder as follows: •protected and assisted .. and tht> persons holding bonds issued against WHAT THE WEST W A~TS. said projects be compensated as far as practicable. [Resolutions adopted unanimously by the Third Annual Conference of We urge the press of the Western States to investigate and actively Western Governors held in Denver, Colo., April 9, 10, and 11, 1914.] support these principle.s. We. the members of tht> western governors' conference, in convention RESOLUTIO~S REAFFIRMED. asse::nbled at Denver, Colo., April 7, 8, 9, 10, and 11, 1914, do hereby adopt the following resolutions: We reaffirm the al'til)n taken by the governot·s' conference in Salt Lake City, Utah, in 1913, as follows: CO~SERVATIO~. " We, the governors of public-land States, in conference assembled, We believe in conservution-in sane conservation. We believe that believing that upon the administration of the laws governing the dis the All-Wise Creatot· placed the vast resources of this Nation here for posal of the public lands in a very large measure depends the future the use and benefit of all the people--genet·ations past, present, and prosperity of om· States, do hereby agree to the following statement of future, and wllile we believe due consideration and pt·otection should what we believe should be the policy of the National Government in the be given to the rights of those who come hereafter, we insist that the administration of the public lands : people of this day and age should be given every reasonable oppor "1. That the newer States having been admitted in express terms on tunity to develop our wonderful resources and put them to a beneficial an equal footing in all t·espects whatC'ver with the original States. no use. realization of that condition can be attained until the State jurisdiction STATE CONTROG. shall extend to all their tet·rltot·y, the taxing power of all their lands, That it is the duty of each and every State to adopt such laws as and their political power and influence bt> thereby secured. will make fot• true conset·vation of our resources, prevent monopoly, and "2. That as rapidly as thE' States become prepared to take over the render the greatest good to the ~rea test number; and that as rapidly work of conservation, the Federal Government withdraw its bureau as the States prepai.·e themselves to carry out such a policy of con from the field and turn the work over· to the States. servation the Federal Government should withdraw its supervision and "3. That permanent withd1·awal of any lands within our States from turn the work over to the States. entry and sale we believe to be contrary to the spirit and letter of the SETTLFJME~T Oli' OUR LAl'iDS. ordinance of 1787, the policy of which was followed for over a century, and we urge that such lands be returned to entry and opened to sale Believing that those who control the soil control the Nation, and as speedily as possible. that the most blessed nations at·e those where the ownership of lands "4. Dilatory action on the part of executive departments of the Gov is in many bands, we insist that in the management and sale of our ernment in passing title to purchasers of public lands Is unfair to the public lands both the Federal Government ::md the State should main States, as it permits purchasers to occupy the lands indefinitely without tain such a policy as will make for the rapid settlement of all vacant the States having powet· to tax them. agricultural lands. "5. We believe that the best development of these States depends DESERT-LA~D ACT. upon the disposal of the public lands to citizens as rapidly as the laws Resolved, That this convention recommend to Congress amendments can be complied with. of the following nature to the dese1·t-land act: " 6. Bona fide homestead entry within the forest-reserve boundaries (1) That the entryman's proof of citizenship in the State wherein he should be permitted in the same manner as on unreserved lands, subject makes a desert-land filing be changed from the time of filing to the only to protest where lands selected are heavily timbered with trees of time of proving up. commercial value, or known to contain vaJuable mineral deposits. (2) That the requirements of reclamation be enlarged to embrace the "7. That the Government grant to the public-land States 5 per cent nltemativP. pt·oof of cultivation by the actual growing of crops by dry of the public land remaining in such, to be administered by the States farm methods on double the acreage requh·ed if by irrigation. as the school lands are now administered, for the purpose of building HOMESTEAD E~TRY. national public highways. "8. That liberal land grants be made for the put·pose of establishing We !!pprove the plan now before Congress to permit homestead entries and maintaining forestry schools in the public-land States. by persons over 18 years of age. "9. That rights of way for all lawful purposes be granted without WATER POWER. unwarranted hindrance or de!ay. Whereas Congress ]las declared "the. water of all lakes, rivers. and "10. That all mineral lands now withheld from entry, or classified other sources of water supply, upon the public lands and not navigable, at prohibitive p1·ices, be reopened to entry at nominal prices under shall remain and be held free fmm the appropriation and use of the strict provisions against monopolization. ' public for irrig!ltion, mining, and manufacturing purposes," we insist "11. That we express our appreciation of the splendid work done bY the Federal Government has no lawful authority to exercise control the departments at Washington in cooperation with the several States over the water of a State through ownership of public lands. in experimentation and instruction. This assistance has been mosll We maintain the waters of a State belong to the people of the State, valuable in the education of our children and the development of om.· and that the States should be left fret! to develop water-power possibili States, and we commend tbe same principle to the admlnisn·ation at ties and should receive fully the revenues and other benefits derived Washington as being the most feasible plan tor the pt·esent advance· from such development. ment of true conservation. PRECIOUS METALS. "12. We believe that the National Government shonld provide for expert experimental work in the solution of the mining pt'Oblems of the We reiterate our _expression, contained in article 10 of the 1913 reso mineral StatE's in the same manner that the Agricultural Department lutions, referring to the reopening of min<>ral land, and in addition now assists the farmers in solving the agl'icultural problems. would urg-e that U1e rPvenues d~>rived from the sale of ~uch lands should " 13. We believe that tbe speedy settlement of those public lands con be used for the t•eclamation of the arid lands of the West. stitutes the trne and best interests of the Repuhlic. The wealth and GRAZIXG LAXDS. strength of the country are its land-owning population. We believe grazing lands should be disposed of through an " enlarged "14. The best and most economical development of this western ter home. tead " act giving the settkr sufficient ground to enable him on a ritory was accompli bed tmder those m~>thod. in vogue when the States live-stock basis to support a family. of the Middle West were occupied and settled. In our opinion, these methods ha>e never been improved upon, and we advocate a return to SUMMER HOhfBSTEAD LAW. those first principles of vested owne1·ship with joint interest and with We favor the passage of a summer homestead or preemption law, widely scattered individual responsibility." permitting land not valuable for timber, minerals, or agriculture, but suit hie for summer homes, to be acl]uired in not to exc~>ed 40-acre lllr. Chairman, there was recently published in the Mining tracts for summer homes. The entryman should not be reruired to be Science an article upon the general subject of leasing the nat a resident of the State tn which the land is situated, and suitable im provem~>nts of the value of $~00 and three years' summer residence ural resources of the public domain. It is v-ery ably written should be necessary to secure patent. by Mr. Chester T. Kennan, a mining engineer of Engle, near my GOOD nOADS. home in Colorado, who bas giv-en a great deal of thought and We reiterate that 5 per cent of the public lands in the several States study to this very important subject Hi::; article reflects the should be Jrranted to the said States to aid in construction of per sentiment of a v-ery large per cent of the people who Jiye in that manent roads. DELAYS--RED TAPE. country and who ha-re personally come in contact with the de We believe one of the greatest blessings the officials at Washington v-elopment of the West and as it has been carried on during could bestow upon the West would be tbe elimination of all red tape recent rears and who know what the effect will be of the pres and the taking of prompt action upon all matters p~nding before the ent tendency toward bureaucratic centralization of power. The departments and in which the Western States are lntet·ested, and we · are pleased to note that efforts are already being made in that direction. article is as follows: INTERIOR DEPART~IE~T. PREDATORY BUREAUCRATS AND THE LEASIXG SYSTE~. We are pleased at the tlwughfulness of the Secretary of the Interior [Chester T. Kennan, M. E.] in sending so many of his representatives to the it·r·igatlon conference No system of true conservation ot· good government requires that om now in session in this city. We express our appreciation of his inten citizens be made tenantr·y of a goTernmental landlord. tion to adopt a mote libe1·al policy towat·d the settlement and develop The land and natural resources alone make po sible indush·ial nnd ment of the West and assure him of our hearty cooperation in this commercial existence of tbe individual State; they constitute its first direction. capital and stock in trade upon which it must conduct its business and DO~ATION OF LA~.-oS. development and maintain a govPrnment "republican in form," as We recommend that 10 per cent of all vacant and unappropriated required by its act of admission as a State. public lands in each of the arid States be donated to such States. and The right of taxation is o necessary and fundamental that a sov· each of them as -shall so request, said lands to be sold by such States ereign State without it can not continue. To the lattpr imperative endi as other State lands are disposed of and the proceeds of such sales and to place the new States on an equal footing witb the ori~lnn to fot·m a reset·voir fund to be used under the direction of the State for States, and to provide tbot ours be a Nation of home owners, It bus irrigation recllliDation purposes. been this .Nation's policy from the beginning to pass the public lands RECLAMATION PROJECTS. and national resources into private owne1·ship, private control, and We mgently recommend that tne United States reclamation projects private development. now under process of construction be completed at the earliest practi It is tbe plain duty of every citizen to assert and the courts to muin· cable moment and t11rned ove1· to the settlers thereunder as soon as tain the sovereignty of tbe State in conformity with that article of the can be. Federal Constitution wbicb provides that •• tile powers not delegated to the United States by the Constitution, nor prohibited by it to the CAREY ACT PROJECTS. States. are reserved to the States, rE-spectively, or to the people.'' It Is We urgently recommend that the United States Reclamation Service therefore, the manifest right of evc1·y citizen to demand ~onrnmcnt immediately investigate any and all Carey land, Irrigation district, or by the people rather than by bureaus of the Central Government: and like projects commenced or unde1· construction in the arid States, and in so far as the constitutional power of regulation in these respects IS 1914:. CONGRESSIONAL R-ECORD-HOUSE. vested ln tlle several States it is fundamental and imperative that it -be their purpose, the most strenuous effort of the bureaucrats have been not divested or i'lvaded.. exerted to t·etain the public domain in a state of nature, to prevent Tbe acts of Congress admitting the public-land States to the Union development, and to prevent the public lands from passing to private contain i!.le declar·ations wbich are taken from · the ordinance of July ownership until such time as they could prevail upon Congress to have 13. 1787, including the following provision: "The State of -- the Central Government seize the public domain in fee and rent it to shall be one and is hereby declared to be one· of the United States of the people and make the bureaucrats administrators of the vast estate. America, and admitted into the Union on an equal footing with the What coterie of politkians, pray, would not like to be admini8trators ol'i.!dnal States in all respects whatever." of such vast empire, w1th power, salaries, perquisites, patronage, and It is also provided in such acts of admis~ion of new States that opportunities for graft unlimited? " they shall never lay any tax or assessment of any description what- While each State has all the power to suppress or de~tl·oy monopoly ever upon the public domain." . within its. borders that the Central Government has \\ithin its sphere Neither the United States nor any State bas the power to do any ye~ while striving to create the g-reatest land monopoly that eve1: act or pass any law which will create inequality between the States, ensted, the most popular slogan of the bureaucrats has been that only and any attempt on the part of either to do so is void and of no effect, their plan could prevent monopoly of tbe public domain. Even if we ab initiO. ( 39 Fed. Rep., 730 ; 9 Pet., 224 ; l 5 Pet., 449 ; 104 U. S., had no special statutes in this behalf, monopoly could be suppressed or 621 ; 146 u. s .. 387: 152 u. s .. 397; 164 u. s., 240; 168 u. s., 349; destroyed under the common law of England. 176 u. s., 83, 87; 187 u. s., 479, 483; 190 u. s., 508, 519; 198 u. s., Would- it not be timely and appropos for our lawmakers at WaslJin~ 371 ; 198 Fed. Rep., 539.) · ton now, while they have their bands in at investi~ating and di~ conditions in Europe. Why should we pass a permanent law to meet an other matters than tllm~e mentioned in the bill under considera emergency? tion. Is there objection? [After a pause.] The Chair hears Mr. ALEX..\:"DER. I do not think it will affect these questions mate rially. In fact, I am not so certain that this bill will in any substantial none. way build up the American merchant marine, as far as that is con l\Ir . .MOORE. We saw in the introduction of this bill an cerned. explanation and an admission by the party in power that The gentleman from Missouri was unable through lack of this Government had not pronded against just such an emer time and a desire to pass this bill to answer certain further gency as had arisen and. that it w~s nec~ssa~ from its po.int questions, but later on I introduced the matter in a flve-minnte of -view to invoke the aid of foreign shipbmlders, of ff}re1gn statement, whereupon the gentleman from Alabama [Ur. U~ workmen, and of foreign seamen to carry American busine s DERWoon], the leader of the Democratic Party, who spoke for upon the high seas. the President in this particular instance, undertook to explain, Mr. SELDO:lllliDGE. Will the gentleman yield for a ques- and he did explain, that the President had called in the leaders tion? and had asked that some such measure as this be enacted at Mr. MOORE. I have only 10 minutes, but I will yield to the once. That part of the RECORD which pertains to this matter is gentleman from Colorndo. as follows: Mr. SELDO:\IRIDGE. I will ask the gentleman if he is not Mr. U~iDERWOOD. Mr. Speaker, does the gentleman desire to have hi<> bringing an indictment ngainst his own party in that statement question answered? Mr. MOORE. Yes. after 16 years of power in this country? . Mr. U:"DERWOOD. Mr. Speaker, I will state to the gentleman that on Mr. l\IOORE. No; because whenever the Republican Party last Friday the President of the United States reQuested me to investi attempted to pass a bill to upbuild the American merchant gate this situation an Western Gowrnors' Conf('ren<>e tn session in Denver Aprfl 7 to 1l, was city. The Forest Set'Tice will also -plant up any open arE'as ca-pable omitted from the enstern press reports. Inasmuch as this was one {)f ben.ring a staod of timber. The primary object or sueh reforesta of the most important of the re~>olntions adopted by the conference tion is to provide a complete forest cover to pt·event sediment bE>ing and one in which great interest was taken, I give yotl below a copy of wnshert into the streams and regulate the run-off, thus making the flow the same for your information: morE' uniform throug'!:lout the yt>nr. ''Whereas Congrl'ss bas declared 'The water of all lnkes, rivers. and The GovprnmE>nt ra r·efully supervisE's all operations conducted upon othPr sonrees of water supply upon the public lands and not navigable the watershed and will issue no permits for any purpose that shall in shall re_main and be held free for tbe appropriation and use of the any way thrE>nt<'n the purity of tbe water. 1\"o Sf'ttlf'm~t undet· the public for iJTigation, mining, and manufacturing purposes,' we insist fort>st homestead aet will be allowed by the Government while this the Federal UovernmE>nt bas no lawful authority to l'Xercise control over agrE:'ement is in force. the water of a State throu~h owner ·hip of public lands. TbPre are already 1,145 citiE's and towns in the n1tcd StatE-s which ·• We maintain the wate"s of a tate belong to the people of the d<'rive thetr water supply from the national forE:' , ts. The protection State, and that the tates hould be left free to develop water-power of the headwaters of imJJor1ant streams is on~ of the objects for which possibilities and should recrive fully the revenues and other benefits n:ttiollill fore~ts were eHt~blis~d, and the Fore;;t . ervicl'. in k<'eping derived from such dPvelopment." . with this objPct, welcomE's the coopNation of cltiE's in protecting the Yours, very truly, regions from whirb their water supply is drawn when t ll at region is E. M. A:r;nm~, a part of a national forest. Seeretarv Western Go-vernors' ConfereJtcc. Ry .E'-nterin~ into a cnnpenttive ngr(l('m.ent of this sort Everett will secure an excellent supply of water for city use and power purposes This grent Nation is n great big family. The interest of one is wit out th~ heavy initial expense of actu:1ll.v purchaf'in~ the land and the intere t of all. ·we delight in Federal aid in the reclnmHtion the constant b<'avy expense of p1·otectin~ it from fire a.nd tresp:ts.q. In of the arid lands. and we are glad to have the aid of the Federal HlO!l Seattl~. unlike Everett. took steps toward the actual purchase of tl1e Go>ernmPnt land in Cedar River watershed, the sourcE' of her GoYernment in this matter of retaining and holding intact ·the water soppiy T his poreb:tRe, which would require an invPstment of a pr1celes resources now remaining in coaL timber, minerals, and b.'llf milJion dollars. bs not yet bePD consummatPd. and the .c:reat w ter power. ecor.omy made po sible through a cooperati>e agr~ment with tb-e Gov E>rnrnP.nt ha hE>Pn brougrt to its attention. It is expected that several Senntor HAFROTH, of Colorado, speaking at tbe Fifth Annual oth<>r So.und cities will enter into -such agreements as soon as they out Conser\ation Congress at the New Willard Hotel last November, grow their present water supply. said: The a"Verage citizen in the State of Wa hington is proud o:t We- the fact that be owns part interest in the fore t reser\es, and The people of Colorado- tbe men who fail to recognize that fact are reckoning without contribute to the defense of the Nation in the way of harbor for their host. Do the workers and others in the East take any tifications, and we do not g~t any of that back. We are in a posi .prioe in the railroad-owned coal mines of Pennsylvania and tion whe.re we are not benefited except in a national sense. We are proud of our Nation because it is ours. We are not ben<'fited, I say, West Virginia.? except in a nationa1 sen e, because Colorado is so far off that no army I noticed in the New York American of May 8 last the fol on earth could ever rE'ach it. lowing statement: And the record ays the people greeted thi with laughter. COAL DEA.LE.aS OF CITY CO:MBI.-E TO «FOSTER TRADE." A few months ha-re passed and now n great European war A combine of the bigge t coal deaJers of this eity was ~anctioned has emphasized not merely the federation of the Sblles but yesterday by SupremE' Court .Justice Davis, in granting a CE'rtificate of the federation of the world. Colorado to-day needs the use of ineorpor·ation to the CoaJ Merchants' A. sociation. Nothing i said in thE' article of incorpomtion as to the ell'l"ct that bonts nnd hnrbors preciEely as much as do the seaboard. States. thi a. sociation will have on the price of coal n<'xt fall, but there is :1 and as to the Army, Colorado and Yeru Cruz are the only arens statement tbat the dealer have or.,.anized "to foster trade and C.{)ID· in the world where the Army of the United States is finding merce." ThE' m·ticiE's of incorporation r <' nd: " To foster trade and commerce ; to ri'form ahuses relative tb<'reto ; acti"re senice. to secure fr<'<'f om frnm uuiost and unlawful exactions: to diffu. e ac The letter from Gov. Ammons begging to be delh-ered from curate and rE'liable information as to the standing nf merchant • Otber Federal control stands out in contrast \T"ith .his request to th~ people, and other matters: to procur<' uniformity anrt cPrtainty in cus toms and usage in the retail coal, wood, and fuel husinPss ; to settle dif President for troops to save the people from the iniquities ferences betw<'en mi!mhern: and to promote a friendly interest among developed under alien pri"Vate control of coal and mineral lands those engaged in the said busirH'!'S." in the very State of Colorado. The flirectors ar<' l\ficho.el F. Burns, No. 16 Enst Sixty-third Stre<'t; Grovp D. Curtis, No n12 Wel'lt Fifty-eic:rbth Rtreet; Olin J. StepbPn , THE PROPOSITIO~ OF W A.STE IS RELATI\E. No. 125 East OnE' hnndr{'d and forty-sixth Street ; Thomas F. Farrel, Great tres is laid on the statement that much water power • 'o. 147 WP!'t Nin(lty-seventb StrePt; \VarrE'n A. IA>onard, No. n9.3 is going to wuste, but i.s it not just as well for this to continue Riverl'lide Drive: GeorgE' J. Eltz. No. 441 Wf'St Forty-SE'V<'nth StrePt; FrNlerict H. Will<'nhroek. Yonk~>Ts: John J. Ga.rd('n. Bo::ota, N. J.; to go to wuste a lHtle while longer as for Boston capitalists w John W. Be11i . Oradell. N. J.; TbE>odm·e S. Trimmer, Mount V<'rnon; acq1 ire it foreYer? I!'oreYer is a long time. The . amount of Frerterirk Rheinfr:md. No. 306 West One hundred and second Street; H. L. Herbert, Lakewood. N. J. profits the~ gentlemen can ha"Ve must be regulated. The way to effecthely regulate them is to hold fa t to the fee, to the title. What is probably th.e most striking argument in fa\or of na· It has a I ren dy been shown that water-power development is tionn1 conservntion of public lands h~ from the report of the almost unprecedented in this country. There is development. Burea.u of Corporations made to the President - 1 would like to see such development stimulnted, but I will not Concentrntion of timberlnnds in the United States in the vote for any measure to giYe awny, bot insist on retaining in hnnds of a few owners is discus!'.f'd nt len~tb in the second and public ownership thi ,·aluable as. et. third parts of the report of the Bureau of Corporations on the The people of my State do not fear the Federal Government. lnrnher industry slibmittecl to President Wilson by Commis· Quite rec·ently there wa, pnbUshed in the Seattle Sun an ~1rticle sioner Da "Vies. settiug forth an announcement made by Stanton G. Smitb, Two men hold 49 per cent .of the timber in southweJ t~rn lTnHed States forest supervisor, detailing a splendjd gift to the Wn~hingto~ the report snys: 5 men hold B6 per cent in we~t(lrn people of E1·erett, Wa h., and \'icinity, in the form of W71ter Oregon;· 6 ha,-e 70 per cent iL northeastern California; 10 hnve shed and water-power rights of almost inestimable value. 8uch ID{)re thnn half of the redwood ru·ea; and in north central Idaho gift would ha,-e beeu impossible except for conser"Vation poJicies 4 h<>lders have 50 per cent. which have pre,·ented allen inYestors from grabbing these asset . The main fact showu is tbnt 1.6!l4 timber owners hold in fee Bere is the tntement of ~1r. ·smith: o'er -one-twentieth of the land area of the entire U.nited Stntes, The city of E,rerett bas jllst executed a cooperati>e agreement with fi' l\Ir. LA FOLLETTE. .Mr. Chairman, I yield the remaining "Neither the United States r.or any State has the po\\er to time on this side to the gentleman from South Dakota [~lr. · do any J.Ct or pass any law which will create inerllmlity be BURKE]. tween the States, and any attempt on the part of either to do The CHAIR~IA~. The gentleman from South Dakota [:Mr. so is -roid and of no effect, ab initio. (3!) Feel. Rep., 730; !) BURKE] is recognized for 20 minutes. Peters, 224; 15 Peters, 4-!9; 104 U. S., 621; 146 U. S .. 3 7; 152 l\Ir. BURKE of South Dakota. Mr. Chairman, I can .not sup U. S .. 387; 164 U. S .. 240; 168 U. S .. 34!); 17G U. S., 83. 7; port this bill, and I do not intend to '\"ote for some of the other 1 7 U. S., 47!), 483; 190 U. S., GO , 519; 198 U. S., 371; 1!)8 bills that will be considered under the program adopted by the Fed. Rep., 53!l.) pecial rule making in order certain bills known as conserYa "The United States alone has no power to create unequal tion mea ore . I am not going to discuss the details of this States by Executive act, by law of Congress, or by judicial in bill. A stated by the gentleman from Colorado [~lr. TAYLOR], terpretation of those laws, and all of such attempts are \oid. the bill, in the main. is undoubtedly . a good measure and has (19 Fed. Rep., 539.) been \\ell and carefully considered by the able Committee on the "In 1845 the United States Supreme Court, in the ca e of Public Lands. I am opposed to the bill bec~m e I am not in Pollard's Lessee v. Hagan (3 How., 212). decide(} and laid down fayor of the policy that lliis kind of legislation proposes. as fundamental In w of the land 'that the transaction bet\\een In order that my position may not be misunderstood, I want the United States and Virginia and Georgia and the Loui irma to ·ay that I am in faYor of real con ermtion, con enation that Purchase constituted a contract and created a trust, uncler means the least practicable wa~te con istE>nt with the greatest which the United States secured control of the p1:1blic lands to prncticable u e. I am opposed to monopoly in any form, but I pay the public debts by bona fide disposing of . them in order believe monopoly can be controlled. if not preYented, by leg that new States might be erected, which should be equal in i lntion declaring certain combination. of capital and acts every respect to the original States; that tbe United States unlawful, and by pro\iding seYere penaltie · for \iolations of holds the \ands for ternporarv purpo es only, and in h·ust for the law, and that it is quite within the power of each State the tates where they lie; and that until the lands were di - to uppre s or destroy monopolies within its borders, and par posed of by the United States the new State was not on a foot ticularly so far as controlling and regulating its natural re ing of equality with the original States.' sources are concerned. "As late as May, 1!>11, the United States Supreme Court, in I am oppo eel to any policy that contemplate3 the lea ing for a the case of Coyle v. Oklahoma (221 U. S., 559), quotes the aboYe considerable period any portion of the rmblic domain for any case of Pollard' Lessee v. Hagan with appro,·al and reaffirms purpo e. believing that it is in · conflict with tbe theory of the the perfect equality of the State ill relatiop to the United policy that has heretofore obtained in the United States, which States. has been to p::~ss the public land and national resources into "The United States GoYernment holds the public domain In priYate ownership. thereby subjecting them to taxation within tru t (not in fee). What each citizen, therefore, owns in the the Stnte where located, which is fundamentally essential if the public domain is hi right to acquire a segment of it if be St:lte is to prosper. cboo e so to do. Congre s has no power to authorize the The conserntion advocated by those who a sert that they are Central Go\ernment to seize the title in fee and perpetuity and the only true friends of conservation contemplnte that the Fed rent the lands to the people. eral GoYernment shall retain and control all the' natural r~ ·"The status of our publi~-land ·y tern now is, and always sources, which cnn only re ult in a powerful bureaucratic bas been, that the Central GoYernment holds the public domain policy, carryin~ with it innumerable positions with large sala tempornrily and ill tru t. to be erected into orereign States ries arid perquisites and affording opporhmities for unlimited upon an equal footing \\ith the original States in e-rery re pect; graft. to afford equal opportunity to every citizen to acquire a home; An article recently appeared in a publication known as 1\Jinincr and to be disposed of at nomin!ll prices to private ownership, Science, by Mr. Chester T. Kennon, a mining engineer, who re in order that the Central GoYernment might, as speedily as sides in Colorado. and it being apparent that he bas giYen the possible, retire as a landlord from the seYeral States. The peo. subject clo e study, and believing that what he bas said is ple hn\e always emphasized .that the Government bould not appropriate at this time. I will read the article. and I im·He the hold the public lauds, e,·en in trust, any longer than absolutely careful attention of the Hon~e to what ~lr. Kenn~on says: necessary to systematically and equitably pass them to vriyate "PREDATORY Bl'REAUCRATS AXD THE LEASIXG SYSTEM. owner hip. The day bas long gone by when it was thouO'ht " [Chester T. Kennan, M. E.] right or ju tifiable that the king, goYernment, ruling cia e , or "No sy tern of true consenation or good government re bureaucrats should O\\n and control the land in perpetuity and quire that our citizens ·be made tenantry of a goyernmental rent it to the people. landlooo. "Under this beneficent, enlightened democratic land. system "The land and nntnral resources alone make possible indus we have reared the leading and mo t progre si\e Nation of the trial !lnd commercial existence of the individual State; they \\Orld. con~titute its first capital and stock in trade, upon which it '~The bureaucrats, or 'consenationi ts '-uncler the latter mn~t conduct it business and deYelopment and maintain a alias they seem to prefer to operate-now demaml that our government 'republican in form,' as required by its act of ·ad ~stabli bed system of land tenure be subverted, and our form mil' ion as n State. · of go,·ernrnent in a vital principle re,·olutionized. "The right of ta:x:ntion ig o nece ary and fundamental that "They are now conjuring Uncle Sam to be a traitor to bis a o1ereign State without it can not continue. To the latter trust, to embezzle the • trust fund,' to become the mo t royal, imperative end. and to 11lace the new Stntes on an equal foot selfi h landlord this world has ever witnes ed, to seize oil ing with the original St<1tes, and to provide that ours be a Na within the States in perpetuity, free from taxation, to rent the tion of borne owners, it has been this Nation's policy_ from the land to his tenant \assals to deny public-land States equnlity beginning to pas the public land and national resources into with the original States, to destroy their soYereignty make printte o\\nersbip, printte control, and priYate de\elopment. them province , and draw a line around the we tern third of "It i the plain duty of every citizen to as ert. and tbe court the United States and denominate it on the map, 'Ireland of to maintain, the oYereignty of the State in conformity with America-doomed foreYer to fight for "borne rule."' tbat article of the Federal Constitution which pro,ides that " l\lanifeEtly, their scheme is not progres i1e, but reactionary 'the powers not delegated to the United States by the Consti at least 1,000 years. tution. nor prohibited by it to the States, are reserved to the "Any form of consenation which fail to take into account States. re. pectiYely, or to the people.' It is, therefore, the mani the rights and needs of the pre ent generation eviclently does fest right of eYery citizen to demand go\ernment by the peo not coYer the whole field and hns no place in thi country. ple rnther than by buren us of the Central Government; ·and in "True conservation may be defined a the least vraclica!Jle so far a~ the constitutional power of regulation in these re waste consistent with the greatest practicable use. spect~ i ve ted in the several States it is fundamental and im "Conservation is a technkal and scientific subjeet, \Yhile the pernth·e that it be not diYested or invaded. ownership and passing of title to the public land is a political "The acts of Congress admitting the public-land States to and sociological subject, and the two bave no nece sary con the Union contflin the declarations which are taken from the nection; yet, while sailing under the fair banner of 'con r ordinance of July 13, 1787. including the following provision: vation,' our bureaucrats have attempted to create and take O\er 'The tntc of --- shall be one and is hereby declared to to themselves the most gigantic land monopoly this worlcl bas be one of the United State of .America. and admitted into the eyer witnessed-already having under their control in forest "Cnion on -an equal footing with the o1iginal States in all re- resenes, withdrawals, etc., near 200,000,000 acres, an area SJ1ects wbateYer.' · greater than many kingdoms of Europe combined. '' It is al o provided in such acts of admis ion of new States ".An example of true conserYation is presented by the manage · that· ' they shall. neyer lay any tax or a ses ment · of any de· ment of our great stockyards, where every conceivable part of scription whate-rer upon the public domain.' the slaughtered animal is saved and placed to a fitting use. The 1914~ CONGRESSIONAL RECORD-HOUSE. 13695 great mooern coal-coking phmts and large petroleum refineries "Tbe Western States hold that it is the just prerogative of are striking exnmples of conservntion, by saving a vast number each State in the Union to adopt such system of true conserva4 of by-products thnt would otherwise be wasted or uot placed tion of the resources within its borders as may best suit the to their most valuable use. Every advance in metctllurgical needs and purposes of its people, exercising•therein such prac4 proce~!'\es which enables us to more cheaply extrHct ·metals from ticHI economy in behalf of future generations as may by each their ores and thereby utilize lower grades of ore at a profit IS State be deemed wise and pro\'ident. a, long step in the field of true conservation. Life-saving and "As an illustrati6n Gov . .Ammons bas well pointed out that labor-sa\·ing devices·and the protection of property from d~struc the leasing system would mean. in effect, that Colorado would tion and waste by fire are legitimate and worthy forms of con ultimntely pay into the Federal Treasury on coal alone, figur servation. ing the present highest rate of royalty, the enormous tax of "But unmindful of the tnlism so pertinently expressed by $37,100.000,000, while it would pay annually on water power President Wilson, that 'conservation is not reservution,' onr a lone. when fully de,·eloped. twice as much as it now collects buren ucra ts hn ve practically ignored conservation and devoted in Stllte taxes for all purposes. all their energies to reservation, seeking to reserYe under their "The· people realize and keenly apprec]ate that there is a own control alJ the public domain and its natur~l resources as wide distinction between the act of two. citizens equal under against the public-land States and the people. until we are now tbe law mnking a contract of lease between themselves and the burdened with the omnipresent forest reserves, park reserves. ruling landlord, who is also the lawmaker. contracting or forc military re~erves. naval reserves, coal reserves, water-power ing a contract with his tribute payer under the law. It is a resenes, mi sionnry reserYe , Government reserves, school re luminous fact in history f:tmiliar to all tbnt wbene,·er a gov serves, bird re en·e ~ , and archreological re erves, and then they ernment and its offici a Is been me vested with the resources of withdrew practically all the balance of the desirable lands from the people and their opportunities to make a liYing, the people market under the pretense of' classificntion '; and now they are were no longer free and that form of government was doomed introducing bilJs in Congress to accomplish their, final coup to eventual, if not speedy. wreck. d'etat by having the Gove1·nment seize title to the public domain " The experiment of go,·erning people through the soil has in fee and perpetuity, and lease it to the people, the bureau been often tried. but never with ultimate success. The mnn who crats at last firmly in the saddle as administrators of the says it should now be tried. whatever be may call himself, is a grand feudal empire. socialist, pure and simple; but be is too late with his do<'trine "During the sinister progre s of this long-drawn-out cam in this country, unless he proposes tbnt Uncle Sam seize the paign for bureaucratic autocracy the musty air of medievnl title in fee to tM whole area of the United States and lense it tyranny hns become eYer thicker and more suffocating to west all, so that we shall all be on an equal footing. Abrnham ern nostrils, consistently with their purpose. the most strenu :- .:ncoln said: 'Tell the people the truth, and the Nation is safe.'" ous effort of the bureaucrnts haYe been exerted to retain the Mr. FERRIS. I yield five minutes to the gentleman from public domain in n stHte of nntnre, to preYent de•elopment. and Colorado [:Ur. ~ELDOMRIDGE]. to prevent the public lands from passing to private ownership Mr. SELDO~IRIDGE. ~Jr. Chairman, the platform of the until such time as they could prevail upon Congress to have the Democratic Party in the State of Colorado in 1912 emphatically central goyernment seize the public domain in fee and rent it declared the oppos1tion of the party to a policy tlliit would to the people and make the bureaucrats administrators of the extend and enlarge the control of the Federal Government over vast estate. the natnrnl resource of the State. That declaration was afi:er "What coterie of politicians, pray, would not like to be ad wards ratified and indorsed by the legislature of the State. in ministrators of such vast empire, with power, salaries, per the form of a memorial addressed to the President and to this quisites, patronage, and opportunities for graft unlimited? Congress. 1\fany of the commercial org;-mizntions of the Stnte, "While each State has all the power to suppress or destroy without regard to party, ha,·e united in protest against the con· monopoly withln its borders that the central go\ernment bas tinuation of a policy which leads to an increase and enlarge within its sphere, yet while striving to create the greatest land ment of Federal supervision of our natural resources. This monopoly that ever existed, the most popular slogan of the bill and others to follow it are seeking to reconcile interests bure<1ucrats has been that only their plan could prevent mo whirh have been and are now more or less antagonistic. We nopoly of the public domain. E-ven if we had no special statutes are trying to retain governmental ownership, governmental in this behalf, monopoly could be suppressed or destroyed under supervision, and governmental inspection over all the ramifica the common law of England. tions of operation and development of water-power sites, and "Would it not be timely and apropos for our lawmakers at at the same time we are trying to offer to private interests nt Washington now, while they have their hands in at in_vesti tractive inducements to embark in enterprises over which they gating and dissolving 'trusts,' to investigate this one, the will not have absolute control, so far as owner&hlp is con greatest and most noxious of them all-the public-domain trust cerned. of the United States-now hatching on the floors of Congress? H!ning lived for 35 years in the West, having witnessed the "There appears to be no limit to the legislative power of these growth of my State from comparatively small beginnings but autocrats of the bureaus. They boldly occupy the • twilight with unlimited resources to a State of most opulent we;~ltb. of zone' between State rights and the rights and powers of the diversified resources, and of enlarging commerce and iunustrial Central Government, and to enfo:-ce their bureau-made laws aetivity, all of which have come from indiYidnal energy aud the have inaugurated a reign of terrorism in the Western St;~tes investment of private capital. I contend that there is not the through an organized army of many thousands of men, including necessity for this legislation that is said to exist. forest rangers, petty officers, mineral examiners, general solic I believe that these conservation measures, so called, will be itors, special solicitors, attorneys, press agents, statisticians, enacted into law. I belie"e that the temper of the country bas common spies, muckrakers, lecturers, det~tives, secret-senice been so stimulated and exerct~d by those favoring enlargement agents, affidavit gleaners, collectors of rents and bills and royal of Ferleral power that opposition to these measures will prove Ues, star-chamber courts, etc. While we are compelled to admit unavailing. But those of us who are famfliar with the condi that the spy system of our bureaus is now the finest in an the tions thnt exist in the States which are to be affe-cted by their world-not eYen that of Turkey or Russia excepted-in simple operation would certainly be -derelict in our duty to our people justice to the American people we are gratified to state that if we did not register here our belief th::~ t this bill will be in the people are not proud of it. We are bowed down with operative and ineffective, ann will not accompli~h the pnrpo,es bumi1iation and shame tbut sucb a glaring example of monstrous for which it has been introduced, and for which its passage tyranny and oppression bas gained a foothold on · American soil. \s advocated. " We should not now turn our backs upon our enlightened I am in hearty sympathy with the thought and purpose back form of government and, at the bidding of these purely political of this bill, to increase development, to add to the wealth of 'conservationists' for gain, retrace our steps to feudal times the country. to bring about nctivity in all line.s of industry nnd and conditions. We should not drift from the prindple of en of agriculture; but. 1\fr. Cbairm:m, I believe that a policy which couraging the individual, the small owner, and the home, but Reeks to control and C'ircnmscribe the activities of the indiYid if occasionnlly there are abuses, or men file upon land wrong nnl, and to place a limit to his legitimate endeavor :md indns fully, let the individual case be punished under the established try. will not accomplish the end desired. When this bill is be4 laws of the land. ing considered under the fhe-minnte rule I believe there will "Under the leasing system we would haYe the feudal condition be amendments proposed that will improve the bill and make of a portion of our citizens being freeholders and freemen and some of its provisions more liberal in their terms. We cer4 another portion being tenantry nnd serfs of the ruling landlord. tainly desire that it wfll bring the results wh~ch its friends We wonld then have on American soU the political spectacle of assert will follow its pass:-1 ge. one portion of our citizens paying taxes to maintain an ancient We heartily commend the efforts which are belng made by iform of government over another portion. the head of the Interior Department and the officials sssociated 13696 CONGRESSIONAL RECORD-HOUSE. ~ AUGUST_ 1~, . with him in its administratton to wisely administer the great from the East, and we ought to enact legislation that will tend interests committed to that department. The westerner will to develop and populate the West. It is absolutely necessary · join hands with his fellow citizens in other sections of the to do that for the weal of the Nation, as well as the prosperity country to prevent in every way the monopolization of the nat of the States of the mountainous West. Another reason is the ural resources of the country, but he has not reached the con question of the fact of conservation, and that it has come to clusion that this can only be prevented through continued gov stay. That is where I differ from my friend from Color:1do ernmental ownership ahd bureaucratic administration. Our ex [lllr. TAYLOR] and those others who flay that they want all t.his perience with the conflicting jQrisdictions of the various de matter of conservation to die, and they believe it will in 8 or 10 partments and the interminable delays in reaching conclusions years. · I differ wholly from that proposition. The lesson of iu matters of individual and_ of somewhat minor importance the trusts and the monopolies that control such a large section justify the belief that where larger matters are involved af of the oil-producing lands, the coal lands, and the timberlands, fecting the interests of communities and Stutes the processes the sentiment that exists all o-rer this counh·y, that heltled to of adminish·ation will be equally unsatisfactory. We desire to split the Republican Party more than almost any other one aJlproach this matter sympathetically and without prejudice. thing, and that has animated the Democratic Party with rruch We realize that we must be reconciled to the policy proposed enthusiasm that it has captured tbe Go-rernment. is that prl in this and other .bills. We will endeavor to work out our prob vnte monopoly must be destroyed and such natural resourct' - lems of development as best we can under limitations not of our hydroelectric power, coal, timber, and so forth-shall be held choosing, and will cooperate t.o the fullest e·xteat with those from private ownership and administered under Government officials of the Go-rernment whose purpose it will be to interpret control for the general good. The wt·ongs that pri -rate monopo and administer this law. There has be~ a remarkable develop lies have perpetrated on the people, the suffering of one single ment of hydroelectric energy in the West under private agen mnn and his wife and family because of outrageous acts of the cies. Some of these private corporations have required the in Coal Trust or others of the monopolies, have made it certain -re tment of millions of capital in the construction of their that conservation in the h·ue sense of the word has come to tny. plants and equipment before receiving a dollar of revenue. That b~jng h·ue, all these resources yet owned by the Gov Their rates are subject to State regulation and their property ernment, the lands contro11ing hydroelectric power, the lauds i subject to State and Federal taxation. It is proposed by this containing coal, the timberlands belonging to the Gm·ernrnent bill to lease water-power sites to corporations for a fixed term and not yet taken by the railroads and other corporations ll of GO years, and during the period of the lease control and regu a system of robbery that is almost incomprehensible, insures late the price of their product. Can there b~ open and free us that conservation is here, and the lessons taught IJS the competition between corporations whose rights are only tho e frauds practiced to acquire such immense holdings will not be of lessees and those who enjoy all the privileges that come with forgotten for generations to come. Therefore something mtBt ownership and the opp.ortuuHy to plan for increased future de be done to make the remaining natural resources of use to the -relopment? A les ee will not give to the property of another people. All of these power sites for the production of hydro that same degree of care and development that he will gi-re to electric power ha-re been withdrawn from primte entry in pui·. his own. He is only concerned in keeping it np to meet his im suance of that conserration idea that is here to stay. All of mediate ·purpose , and we have a right to expect under the the coal still belonging to the Government has been withdran·n provisions of this bill that plants operating under Government from private entry for the same reason; all of the timber be leases will only be operated with the minimum of expense and longing to the Go-vernment has been withdrawn from prinltc ca11ital iu view of the tenure of the lease and the regulations exploitation for the same reason. What greater question con impo. eci. I will admit that it has been a difficult matter to fronts the statesmen of this House than this? frame a constructive measure of this character and keep it in Mr. JOH.:.~SON of Washington. :Mr. Chairman, will the gen line with so many divergent views. Time will demonstrate its tleman yield? necessity and experience will be the guide for future legislation Ur. li-,ERGUSSO:N. Yes. affecting this great field of power development. .Mr. JOHNSON of Washington. The gentleman truthfully .Mr. FERRIS. I yield 15 minutes to the gentleman from says that this is one of the greatest questions that confroms New l\Iexico [Mr. FERGUSSON]. the House. Does he not think that it would be advisable ~o 1\Ir. FERGUSSON. l\Ir. Chairman and gentlemen, before re have a few more than 25 or 30 Members of Congre s 11 teniug felTing to the notes of what I want to say I want briefly to to him expound that question? refer to the point made by the gentleman from Illinois [Mr. 1\Ir. FERGUSSON. I will say that my embarra ·sment de· MaNN]. 1\Iy respect for the integrity as well as the penetra creases in proportion to the numbel" of l\Ieml>ers pre ent, if tlt'! tion of his mind gave me great concern when he made the point gentleman desires to know. · that the bill is shadowy on this important question of where the control is to be lodged, where it shall be under State con l\fr. FERRIS. Oh, I hope the gentleman will not make the trol an LI--863 1 13698 CONGRESSIONAL RECORD-HOUSE. 1\.UGUST 13, the selfish water-power interests that are already intrenched The CHAIRMAN. The gentleman from Illinois [Mr. l\!axN] may go ahead and charge exorbitant rates. It is sometimes, makes the point of order that there is no quorum present. '.rhe and oftentimes, tmpopular to advocate something in behalf of Chair will count. the Government, something in behalf of the people, but it is Mr. ~lli~N. I think it is only fair to notify the Members some one's duty, somewhere, to advoc-ate the Government's side that the bill is about to be read for amendment. and the people's side, and so far as I am concerned I am willing The CHAIR~LL~ (after counting). Seventy-one )!embers to abide the consequences and advocate that side. [Applause.] are present-not a quorum. The Clerk will call the roll. I know that in certain congressional districts it is popular for The Clerk called the roll, and the following Members failed the Congre' ·men to recite that he windled the Government out to answer to their names : of everything he could for his particular district, but for me Aiken Eld<'r Knowland, J. R. Platt and mine we believe it a broader standard of citizenship and Ainey Esch Konop Plumley statesmanship and patrioti m to advocate something in the Anthony Estopinal Kot·bly Porter Ashbrook Evans Kreider Post people's interest, something in the Gov-ernment's interest. They Aswell Fairchild Lafferty Powers are our people; it is our Government. Austin Fnison Langham Ragsdale I call attention to the fact that in a single year the manu Ba.rcbfcld Fess Langley Rainey Ba.rtholdt Fields Lazaro Reilly, Conn. factured products produced from water power amounted to Bartlett Finley L'En,gle Rio1·dan $17.000.000,000. se\en times the receipts of all the railroads of Bathrick Flood. Va. Lenroot Roberts, Mass. this country. The question is not a small one. The question Beall, Te:I:. Fordney Lever Rothermel Bell, Ga. Francis Levy Rupley is not a local one. The question is not a private snap, but the Borland Frear Lewis, Pa. Sa bath qnestion is a burning question that will grow upon us, that Brodbeck Gnrd Lindbergh Saunders will in largeness pass beyond our fonde t hopes in the imme Broussru·d Gardner Lindquist Sells Brown, N. Y. Geor~c Linthicum Sherley diate future. E-ret·y line of this bill should be carefully scruti Brown, W. Va. Gillett Lobeck Shreve nized; evet·y line of this bill should be carefully looked into. Browne, Wis. Goeke Loft Sinnott The best lawyers on the Republican side, the best lawyers on Browning Goldfo"'le Logue Slemp Bruckner Gordon McAndrews Smith, Md. the Progressive side, and the best lawyers on the Democratic Brumbaugh Gorman McClellan Smith, Minn. sid~ are not too busy and are not too great in their knowledge of Buchanan, Tex. Goulden McGillicuddy Smith, N.Y. the law to give a little time to getting a good bill here that will Bulkley Grnham, Ill. McGuire, Okla. Stanley Burke, Pa. Graham, Pa. McKenzie Steenerson develop the country in the interest of the people. And when the Byrns, Tenn. Gt·iest Madden Stephens, Miss. bill that has already passed, that had to do with navigable Calder Griffin Mahan Stephens, 1\'ebr. waters, come back, it will again be the duty of all parties and Callaway Gudger Maher Stepbens .Tex. Caraway Guernsey :Manahan Stevens. N.H.1 all men to see to it that it is still a good bill. And when this Carew Hamill Martin Stringer bill passes and goel to the Senate, and passes over there, as I Chandler, N.Y. Hamiltcn, 1\lich. Merritt Switzer belie\e it will do, we ought to scan closely every line of it and Clark, l<'la. Hamilton, N. Y. Metz Talbott, Md. Claypool Hardwick Montague Taylor, N. Y. &ee that it is still a good bill in the interest of the people. Some Coady Hawley Moore Treadway of my dearest friends in the House are from the West and are of Copley Hayes Mot·,gan, La. Tuttle the opinion that we are trying to do something wrong to the Covington Heflin Morin Underhill Cramton Helgesen Moss, Ind. Vare West. I as ert no such thing is intended, and deny that any Crisp Henry Mort Vaughan such effect will result. It is a misconception. I assert that this Crosser Hinds Murray, Okla. Vollmer legi lation will do more for the West than they know bow to do Dale Hobson Neeley, Kans. Volstead Decker Howard NePly, W. Va. Walker for themselves. I again repeat that it is sometimes popular. it Deitrick Howell Nelson Wallin is sometimes true, that a l\lember of Congress can rail against Dent Hoxworth O'Hair Walters the Federal Government, can decry the good offices of the Fed Dershem Hughes, Ga. O'Leary Watkins Dickinson Hug-hes, W. Ya. O'Shaunessy Weaver eral Government, and teach the people to hate the Federal Dies Hulings Padgett Whitacre Government; but, so far as I am concerned, I am not in the Difenderfer Jacoway Palmer White business of teaching my constituents to bate the Federal Gov Dixon .John on, S.C. Parker Willis Dooling Johnson, Utah Patten, N.Y. Win low ernment. I prefer to teach them to respect and love the Fed.:'raJ Doolittle Jones Pat1on, Pa. Woodruff Go\ei1l.ment. I feel that the latter would be a more golden Doremus Kennedy, Conn. Peters, 'Me. Woods mission than the former and in the end would leave a better Driscoll Kennedy, R. I. Petct·s, Mass. Dunn Kent Peterson taste in our mouths. Dupre Kiess, Pa... Phelan Mr. JOH~SON of Washington. In view of the gentleman's The committee rose; and the Speaker having resumed the statement that be might be able to do more for the people of chair, Mr. FITZGERALD, Chairman of the Committee of the Whole the West than they could do for themselves, I want to ask hiru House on the state of the Union, reported thnt that committee if he remembers a statement in the speech he made in Tulsa, having under consideration the bill (H. R. 16673) to proYide for Okla., that there haYe been four Secretaries of the Interior here the development of water power and the u e of public lands in who-- · relation thereto, and for other purposes, and .finding itself with Mr. FERRIS. Whatever the gentleman may read out of my out a quorum, he had directed the roll to be called, whereupon speeches on the stump that day does not necessaTily express my 224 Members, a quorum, had answered to thei1· names, and he views on this day. They are, however, already in the RECORD, prese~ted therewith a list of the absentees to be printed in the and I will abide by any indictment the two speeches may inflict; RECORD and Journal. whatever I say to-day and whatever I said then, will both be The SPEAKER. The Chairman of the Committee of the in print. I did not then, and I am sure I do not now, advocate Whole House on the state of the Union [llr. FITZGERALD] re the giving away of the Nation's assets. I am for conservation, ported that that committee having under consideration the bill and this bill is in the right direction. H. R. 1G673, and .finding it elf without a quorum, be blld di Mr. JOHNSON of Washington. Mr. Chairman, I desire to rected the roll to be cal1ed, whereupon 224 ~embers, a ·quorum, make the point that there is no quorum present. had responded to their names, and he presents a list of absentees The CHAIRMAN. The gentleman from Washington [Mr. for publication in the RECORD and Journal. The committee will JoHNSON] makes the point of order that there is no quorum resume its session. present. The Chair will count. The committee resumed its session. .Mr. JOHXSO~ of Washington. Mr. Chairman, I withdraw The CHAIR~IAN. General debate is exhaustetl. The Clerk the point of order for the present. will report the bill for amendment. l\lr. BRYAN. Mr. Chairman, I understand the gentleman The Clerk read as follows : Be 1t enacted, etc., That the Secretary of the Interior be, and hereby only withdraws it for a few moments. If the gentleman is is, authorized and empowe1·ed, under general regulations to be fixed going to withdraw it now, only to renew it again in a few IDO: by him, and under socb terms and conditions a he may prescl'ibe, not ments. I shall make the point of order myself. I would rather inconsistent with the terms of this act, to lea e to citizens of the United States, or tho e who have declared their intention to become the gentleman should make it now. such, or to any association of such persons, or to any corporation Mr. FERRIS. Mr. Chairman, I have concluded my rema'rks. organized under the laws of the United States, or any State or Tenitory I ask for the reading of the bill for amendment. thereof, any part of the lands and other property of the United States (including Alaska), reserved or unreserved. including lands in 1\lr. MA..t~N. If the gentleman from Oklahoma is through, I national forest&. national monuments, QlHitary and other reser will ruake the point of order myself. vations, not including national pa1·ks, for a period not longE:'r than 50 The CHAIRliAN. Does the gentleman from Oklahoma yield years for the purpo e of constructing, maintaining, and operating dams, water conduits, re ervoirs, power houses, transmission line , and other the floor? works necessary m· convenient to the development, generation. trans 1\Ir. FERRIS. I do, Mr. Chairman; and I ask for the read mission, and utilization of hydroelPctric powert which leases shall be ing of the bill. irrevocable except as herein provided, but whicn may be declared null and void upoii breach of any of their terms : Provtded, That such leases Mr. lliNN. I make the point of order, Mr. Chairman. shall be given within or through any of said national forests, nrllitary 1914. CONGRESSIONAL RECORD-HOUSE. 13699 or other reservations only upon a finding by the chief officer of the fore the committee were very insistent upon its being ·manda department under whose supervision such fo_re~t, national monume~t, tory instead of directory. The Secretary answered as follows: or reservation falls that the lease will not lDJUrc, destroy, or be ill consistent with the purpose for which such forest, national mon!!IDent, No; I do not object, in general terms, to having things made definite; OL' reservation was created or acquired: Provided turthet·, That rn the and, so far as I am personally concerned as Secretary of the Interior, granting of leases under thls act the Secretary of the Interior may, in I would like to see things made just as positive as possible, but I ·do his discretion, give preference to applications for leases for the de not think things should be tied up in such shape that it is mandatory velopment of electrical power by States, counties, or municipalities, or upon me to issue a permit to somebody whom I do not belie>e is acting for municipal uses and purposes: Provided fut·the,·, That for the pur- in good faith. osc of enabling an applicant for a lease to secure the data required That is on page 293. I belieye the House ought to 11ass a En connection thet·ewith the Secretary of the Interior may, under gen eral regulations to be issued by him, grant a preliminary permit author law that will gi\e the best man on earth an opportunity to ad izing the occupation of public lands valuable .for water power. deve~op minister that law and at the same time make it so that the men t for a period not exceeding one year m any case, whtch. hme may, however, upon application, be extended by the Secretary 1f the meanest man will be bound by the law and can not use his dis completion of the applJcation for lease has been prevented by unusual cretion, his personal opinion and feelings, so that if two men weather conditions or by some special or peculiar cause beyond the apply for a water right, and the first is tall and red haired :mu control of the permittee the tenure of the proposed lease and the the second one is black haired, the Secretary, though he likes charges or rentals to be' collected thereunder to be specifi~d ~n said preliminary permit, and such permittee upon filing an apphcaf:ion for the black-haired man, can not give him the preference. If the lease pl'ior to the expiration of the permit period shall be entitled to tall, red-haired man who first applies has all the qualifications a preference right to lease the lands embraced in the permit upon the tet·ms, conditions, and limitations authorized by this act. and possesses the necessary means to catTy out the project, I belieYe he ought to be permitted to have the opportunity. · I 1\lr. RAKER. l\Ir. Chairman, I offer the following amend believe the Secretary ought not to be given a discretion as to the ment. individual "Who shall have this tight. The CHAIRMAN. The gentleman from California [Ur. The CHAIRMAN. The time of the gentleman has expired. RAKER] offers an amendment, which the Clerk will report. 1\lr. RAKER. I ask unanimous consent that my time be ex The Clerk read as follows : tended three minutes. Amend, page 1, lines 1 and 2, after the word " is," in line 1, by strik The CHAIRMAN. The gentleman from California asks unan ing out the words "authorized and empowered " and inserting in lieu imous consent that his time be extended three minutes. Is thereof the WOI'd "directed." there objection? ~Ir. MANN. Mr. Ghnfrman, a parliamentary inquiry. There was no objection. The CHAIR~IAX The gentleman will state it. Mr. STAFFORD. Will the gentleman yield for a question? .Mr. MANN. Where does this amendment come in? 1\lr. RAKER. Yes. Mr. RAKER. On page 1. Mr. STAFFORD. As I understood the answer of Secretary :Mr. l\lANN. I make the point of order that the gentleman Lane, it was directly in conflict with the position taken by the can not amend the enacting clause in that manner. gentleman from California. ~fr. RAKER. It is on lines 3 and 4. Mr. RAKER. Oh, no. :Ur_ ~IANN. Just so that we locate it, I do not care. Mr. STAFFORD. In the last sentence read by the gentleman Mr. RAKER. I hurriedly wrofe it. I ask, 1\Ir. Chairman, to he states unequiYocally that he wants to have reserved the modify the amendment. It should be on lines 3 and 4. power to determine as to the ability and good faith of the appli · The CHA.IR.:.\1AN. The gentleman from California asks cant to whom he issues the permit. unanimous consent to modify his amendment by correctly de l\Ir. RAKER. If the gentleman will put his question, I will scribing the place for its insertion. The Clerk will read. answer it. The Clerk read as follows: Mr. STAFFORD. The language, as the gentleman read it, Page 1, Jines 3 and 4, after the word "is," in line 3, strike out the confirms my position. words "authorized and empowered" and insert ln lieu thereof the word Mr. RAKER. I read it, and I remember it Yery wen wh(m it '' directed." was given, and I marked it on my memorandum which I made .:.\11.·. RAKER. This was one of the mutters that was con at the time. We discussed it in the committee afterwards. and I tested from the beginning of the hearings until their comple have thought about it many times since. And right in thnt connec tion, and while I, as a member of the committee, am in favor tion, neither the Secretary of the Interior nor any other admin of this bill as a general proposition, as to practically all of its istrative officer ought to be in a po:;ition to say to a man who provisions, this one condition was discussed thoroughly by the has the qualifications under the law, who bas the ability und committee. I do not know whether I would be violating any the intelligence, and who can get his friends to assist him in of the rules of procedure by referring to what transpired in the project, "Why, you haYe not $100,000 in the bank, and committee by saying that the amendment was lost by a 7-to-8 therefore, in my judgment, you may not be competent to carry vote. That is, there were 7 for it and 8 against it. I may out this project." The money is not the only thing in the de be outside the rule-! do not wish to violate the rule-but I velopment of water power. It requires intelligence, H requires thought it would be of benefit to the House to know that. energy, it requires experience, it requires :;orne manhood and I want to call the attention of the House to this fact, that determination, and it requires a man at the head in whom his Hery man who had experience in water power, who had experi fellow men have confidence, so that they can rely upon him ence in the de\elopment of water power, and who appeared and believe that if he shuts upon a project he will carry it out before the committee strenuously urged this amendment. in better shape than the man who may have a few more dollars The American Institute of Engineers has a membership of than he has. more than 2,000 all over the United States and the world. A But I can not understand why, at this late day, we should committee of that institute investigated this matter and ap change and overthrow the entire policy of disposing of the peared at the request of the Secretary of the Interior, and they public domain, not to the first man who applies, not to the man stated their belief that it would assist in the actual de.Yelop who has gone out there and pioneered and investigated it, wbo ment if this were made mandatory upon the Secretary of the may have spent his time and money in finding a place where Interior instead of leaving it discretionary; making it so that he could build a dam, and then goes to the Secretary of the In if a party possessed the necessary qualifications, if be was terior and makes his application, but to -the second or third man. within the law, if he acted in good faith, if he had the necessary who, finding this information on file, makes application and requisites to carry out the project and was first in time of says he wants it, and the Secrelary of the Ipterior, after look application he should be given the first right. It has been ing it oyer, says, "Well, I belie>e this second man is better the policy of the Government in all the public-land laws to per prepared. He is a finer-looking fellow, and I will giYe him , . mit the first man applying for a homestead to obtain it. It has the right to obtain the lease and permit him to do so." The been the same way with relation to desert claims. All the law present Secretary of the Interior would not do this, but that with reference to mining claims was developed upon the cus is not the question. tom that the first in time was the first in right if he possessed .Mr. HUMPHREY of Washington. Will the gentleman yield? the necessary qu.alifications. Mr. RAKER. I yield to the gentleman from Washington. The entire body of the law of the Western States in regard Mr. HUMPHREY of Washington. I want to suggest to the to water has been based upon that same .legal principle, and gentleman, under the policy that has been pursued by some of you will find none running to the contrary. I believe there was the Secretalies of the Interior, what difference would it make only one man who appeared before the committee who thought what the law was? A Secretary of the Interior told me once it would be better to leave it directory rather than mandatory, when there was only one applicant for one of these proposi and that was the engineer of the Forest Service. This question tions, and he said that he had complied with the law in all re was put up to Secretary Lane directly, and this is his an spects, he told him he would not grant the permit. swer upon the question. I want to call attention to it particu 1\Ir. RAKER. What Secretary was that? larly. The chairman of the committee [1\lr .. FERRIS] asked him Mr. HUMPHREY of Washington. Secretary Fisher. in regard to this, stating that the people who had appeared be- The CHAIRMAN. '.rhe time of the gentleman bas expired. 13700 CONGRESSIONAL RECORD-HOUSE. AUGUST 13, - - 1\fr. FERRIS. l\fr. Chrrirmnn, I ask una:rrlmous consent to tory Op()n me tcr iSSUe a• permit tO' iSOIDe'frody WhO [ do Dot !Jcffevc iS acting ill good faith. close debate on this section in 10 minutes~ 1\lr• .MO~illELL. Mr. Chatrman-- Ex-Secretary Fisher was coo.sulted on this- proposition, and ~Ir. FERRIS. How much time does the gentleman from Mr. Gearge Otis Smith, head of the Geological SuiTey, was Wyoming want? consulted and Mr. Gifford Pinchot was. consulted on the propo ~Ir. llO~iDELL. Five minutes. sition, and numerous engineers. The- engineers generally who l\fr. FERRIS. I ask unanimous con~nt to close debate on were interested in water power said that it ought to be made this proposition in 10 minutes. mandatory, and all of the others, acting in the interest of the The CHAIIt.JIA...~. The gentleman from Oklahoma asks unani Government, after fullest hearings, decided that the Secretary mous consent that debate on this proposition close in 10 minutes. ought to have, at lea t, discretion enough to do the right thing. Is there objection? I hope th.e amendment of the gentleman from California will There was no objection. not be agreed to. It will, if it is agreed to, work greater mis ~Ir. MO::\'DELL. Mr. Chairman, I shall support the amend chief than any 1\fember of this Congress would desire to inflict. ment offere by the gentleman from California [Mr. RAKER], Tlle CFLURXI:A..r'\. The question is on agreeing to the amend... but I do it realizing that unless the bill is vitally amended in ment offered by the gentleman from California. other respects the amendment he offers will be of little avail. The question was taken, and the amendment was rejected. It is to no purpose that we shall direct the Secretary of the .Mr. FERRIS. Mr. Chairman,. there is an amendment to this Interior to Ie:~.se the public lands if we leave it, as the bill does, section which relates to jurisdiction, and, while I have not it entirely in fils di cretion as to how and to whom he· shall lease-. before me at this m<>rnent, it fs an amendment that has been He can readily fix conditions under which no one will care to agreed to between the gentleman from Alabama [~fr. UNDER le::;.se, under which no o.ne will dare to lease. As this b.i11 gi-ves wooD] and tile gentleman from Georgia [~Ir. AoAl!SON], which him unlimited discretion as- te terms conditions, and charges, provides ilia t this bHF shall in no sense step on the toes of the what do we gain by saying that he must lease? I shall. how other bill that has been passed. The two bins, so far as sub eTer, support the amendment, in the hope that this amendment, ject matter is concerned, are not in conflict, and the committee if it carries, will be followed by other amendments which will does not want to ha \"e them to conflict I ask unantmous con lay down definite rules and conditions under which, being met sent that as soon as the gentleman from Georgia [Ur. ADAM by an applicant, the Secretary must grant him the l9'ase or the soN] brings in his amendment he may have an opportunity- to permit Unless tlult shall follow, the gentleman's amendment offer it at that time. will be of no a vail. Mr. MANN~ That does not require unanim<>us consent. The Mr. R.l.KER.. l\Ir. Chairman, will the gentleman yield? gentleman hns the right to take the floor and offer it when he 1\Ir. l\IONDELL. Yes. pleases. Mr. RAKER. If the Secretary of the Interior prepares uni Mr. FERRIS. I thought possibly we might pass this section form rules and regulations applying to all by whkh men cnn before he arrived. Then i~ wouldl require unanimous consent legitimately improve hydroelectric power, ought not that to be to return t .... it. That w:1s my thought supported? Mr. MAJI."N. Oh, \Ye wfil not get past this section to-night. 1\Ir. 1f0... ~DELL. Oh. yes; if he does; but this bill does not There are a nnmber of bona fide amendments which will be contemplate that he shall adopt uniform rules, and he could offered. - not adopt uniform rilles and carry out the spirit of the- act, for 1\Ir. FERRIS. I did not want to even momentarily seem to the act is not based on the theory that the charges and condi preclude the gentleman from Georgia from offering his amend4 tions, are to be uniform. It is based on the theory that they ment. are to be fixed at the whim and pleasure.- or perhaps I should Ur. HAY. Mr. Chairm~n, I offer- the following amendment, say in the discretion~ of the Secret.'U'y of the Interior. In due which I send to the de k and ask to have read, and I under timer Mr. Chairman, I shall offer an amendment in the form of stand tbat the gentleman from Oklahoma does not object to ::t substitute to this section placing it in a form under which Ws~~~~t • the Congress does not say to an officer of the Government, "You Mr. FERRIS~ I do not, although the proviso on the next may do as you please with all of the lands and property of page- sufficiently precludes it from invading the jurisdiction the Nation," but under which we say to the people of the ot the Wm: Department, whichr of course, we do not desire country, "You may acquire cert:lin rights to develop the re to do_ sources of the .r"ation proTided you comply with certain proper The- Clerk read as foUows : and reasonable requirements." Page 1, line 13. after the word r• monuments," strike out all in said line down to and including the word " parks " in line 1 on page 2, Mr. FEnRIS. ~Ir. Chairman, this amendment should not be and on page 2, in line lQ, strike out the words 1n that line after the agreed· to. It is traveling fast i:n the wrong direction. To word " forests." adopt it would be but a wrry wen paved for the water-power Ur. FERRIS. Ol'l, Mr. Chairman, I do not want the gentle. interests to get what tlley want; to put the Jlettd' of the Secre man to take off u other resen-ations.... tary in a vise as au automaton and aiTow them to say to him, :Ur. H.iY. Therye are no other reservations. ·~ l come here and I have met your conditions, and I demand Mr. FERlliS. Oh, res; I hope tlie g-entleman will just take that you give me a lease." In other words, it woul:ct in too many out the military reservations. eases fo-rce the Secreta:ry to da a thing that no citizen of the :Mr. HAY. I haT"e no objection. United States would want him to do. Practically all of the Mr. 1\IA:t-.TN. Will the gentleman yield for a moment '2 developed wuter power in the United States now is in the Ur. HAY. Yes. m~. hands of a little handful of Is there any doubt here ~lr. MANN. The gentleman, I am sure, does not want to in4 that they will be better able to marshal their assets and meet elude in his amendment national parks, so that they can be the- conditions with greater haste, precision, and celerity than built on? an independent man or an independent company of citizens? 1\Ir: HAY. Those parks are military re.c:;errations- Surely the House would not want to force the Secretary to grant Mr. FERRIS. They are specifically excepted. a permit or lease to a monopoly, and thereby aid the monopoly 1\Ir. 1\LL"\W. The gentleman wants to strike out-- in carrying out its- oppresshre design and purpose. This amend:.. hlr. :Hll. I did that because national parks are military ment was debate<} in committee at great length. Seereta.ry resen~n tions. Lane was consulted about it and in the language of the- gentle .Mr. l\LL.~~ Not a:lwnys. man from California, which he has just read. He was directly Mr. HAY. I do not know of any park that is not a military antngonistic to it, and in addition to what the gentleman from reservation. Does the gentleman know of any national park California read he suid tl:r:i&: that is not a military :reservation nnd under the control of the Well, of course, that wo.uld require probably stricfel" re-gulation. Secretary of War? That is to say, we- would 1ssua a cert::tin body. of regulations with Mr; .MANN. Yes. which the- applicant would have to comply, and you would have to make very strict renulations if you d1d not have aomewhere the power to Mr. FERRIS. Lots of them. reject an :rpphcation. 1\Ir. MONDELL. Tills bill does not include national parks; The Secretary ought to ha'"e the right to reject an imp-roper 1\fr. HAY. I understand that. The reason I did that was to appHcation, and he ought to have the right to approve a proper make it uniform. application, and tt we make it mandatory we will take a.way Mr. :MANN. The- gentleman meant to strike out the exclu both of those powers that ought to be reposed in him. sion. Further on in the- hearings the Secretary sai-d: _ .Mr. HAtY. Yes. Now, in view or what has been said, I nsk to withdraw that amendment and offer the following: Page 1, Now, I do not object, in genel!al terms, to having things ronde' defi nite ; and so , fru: ns I am personally concerned, n-s Secretary. of the line 13, strike out the- wordl '"' milita!'7." lnteriot·, I wooi The CHAIRMAN. Without objection, the Clerk will report Mr. 1\IO:'\'DELL. The only national mon11ment that I c~ra the modified amendment. Is there objection. [After a pause.] thinl~ of where anyone would want to cut off water power won1cF The Chair bears none. be in the Grand Canyon. It ought to be a nationnl park. The Clerk read as follows: l\lr. JOIL.,SO.N of Washington. And there is one in my dis Page 1, nne 13, strike out the word " military." Page 2, line 10, tri~t of 600,000 acres, nearly all water power, known as tht~ strike out the wotd "military." Olympic Monument. · Mr. STAFFORD. Would not the general language "and 1\:tr. BRYAN. I wish to confirm my colleague on that propo other reserntiolli! " include military reserntions? sition. Mr. RAY. Yes; I want to strike that out. lHr. FERRIS. I know the gentleman frem North Carolina [~lr. P.AGE] offered his amendment in the best of faith aud for 1\Ir. STAFFORD. I think there is no question of it. 1\Ir. FERRIS. If tbe gentleman will permit, under the the best of good purposes. Bnt it would l'>e an ill-nd>ised thing Pickett bill of June 25. HHO. the President has authority, whlch for the House to do to adapt that sort of an amendment-=-not he exercised frequently, to withdraw land for a series of pur being dJsr·espectful in any sense. What arises is this: Out poses, if the Go•ernment might ha•e need of them in the public through the West hundreds of thousands of acres ha •~ been inter st, and in many instances they har-e withdrawn ten times withdrawn which are designated as n~tional monuments. £\ow, as much land a.s was needed or was necessary, and the gentle the average.- mind wonld be impressed with the fact thnt there man wouiE:J not want to strike out-- are some curios or some national wonders that cover this entire 1\Ir. l'l.liL"\'N. If the gentleman from Virginia would yield, I area~ But it is not true at all. can make a suggestion to him which, I think. will be perfectly Mr. PAGE of North Carolina. But, if the gentleman will clear. allow, this language. does not except in any degree these national l\lr. HAY. I will yield. c-urios~ . Mr. .MA.!\'N. Strike out the language and insert after the Mr. FERUIS. I think it does; and I will get to that if the word "parks." in ]jne 1. pnge 2. so it would read, "not includ gentleman will pardon me. For instance, in one national uwn ing national parks or military reservations." nment in the State of Colorado there are 14.000 acres, and tll-ere Mr. HAY. Well, that is all right are three or four of similar import in thnt State. Tbe gen Mr. 1\lli~N. That saves any question as to military res tleman from Washington bas just giYen us the information that ervations. in his State there are nationnl monuments containing ~e,·eral Mr. HAY. And then, in line 10-- thousand acres of land. In California there are se,·eral tho-n 1.\Ir. MA~~- It would not be ne~ssary to change line l . 1\Ir. MANN. If we had a reservation tlltre, if it were a na Monument spreads over a territory half as large as the State of tional monument, the gentleman does not know, and no one Connecticut, and in all that region a11 development is checked. else knows, how many great scenic places tlJere are in this Now you propose to exempt all hope of utilizing the water country that may be properly resen·ed instea~... vf being turned power there. The amendment will :make a bad bill worse. over to somebody to create horsepower. The gentleman en Mr. RAKER. Mr. Chairman, the number of the national deavored to guard this provision in the bill by requiring that monuments bas been specified, and-- the head of the department should pass upon the matter before l\1r. FERRIS. Mr. Chairman, I ask unanimous consent to the law was executed. ·The head of the department that has close debate at the end of seven minutes-five minutes to be control of the national monuments is the Secretary of the In used by the gentleman from California [Mr. RAKER] and two terior. He would have no greater discretion unde.r this provi minutes by myself. sion than he would have without it. The CHAIRMAN. The gentleman from Oklahoma [l\fr. FER 1\Ir. FERRIS. Does the gentleman feel entirely justified in RIS] asks unanimous consent that debate on this amendment assuming that a department officer will destroy the thing com close in seven minutes. Is there objection? mitted to his charge by Congress? There was no objection. Mr. MANN. Oh, I do not think that they desire to destroy Mr. RAKER. For instance, in the shadow of my home I it at all. I think, on the other hand, they would endeavor to be find Cinder Cone, a national monument, 5,120 acres. That onaht conservative. I have no doubt about it at all; and if the exi to be a national park, and will be eventually. nut the pos ibili gency existed where we needed to have that power immediately, ties of water-power de\elopment, the possibilities of dams and I would be willing to confer that power on the Secretary. But lakes, will add to the beauty instead of detracting from it; I do not think we need to do it as an experiment. This is an and where you can utilize the water at this magnificent high experiment, as more or le s of our legislation alqng these lines elevation it ought to be used, instead of permitting it to run is at present. I do not know: it may be that the very thing down the canyon sides and go to waste. Now let me call your you want to pre erve in a national monument would be the attention to the Grand Canyon-- thing that would be destroyed by somebody. We an know that .Mr. PAGE of North Carolina. The gentleman makes the Niagara Falls would have been destroyed ere this if it had not statement that this particular monument, to which he now been for legislative or treaty action by the United States, and refers, ought to be, and likely will be, made a national park. I think we ought to except national monuments. Then I hope If it were at this time a national park, it is excepted by the we can make an exception or two after that is disposed of, so terms of thi bill. as to confine this legislation to what it was intended to be in Mr. RAKER. Not in the bill creating the national park, the :first place. because I am in favor of having more lakes where a national .Mr. DO NOV AN. Mr. Chairman, did we not vote to close park is created. Instead of having dry canyons, ram in favor debate in 10 minutes, and have not those 10 minutes expired? of hating water in them, and I am in favor of utilizing the The CHAIR~l.AN. This is another amendment. water that is rai ed away up in the skies, and get some benefit Mr. PAGE of North Carolina rose. from the fall. You get a beautiful lake, you get water in the The CHAIRMAN. The gentleman from North Carolina [Mr. canyon, and you do a thousandfold the good that i done now PAGE] is recognized. with the water running down without being used, when it does Mr. PAGE of North Carolina. Mr. Chairman, I :find by refer no one any good. ence to the report of the Department of the Interior for the Take the Grand Canyon of the Colorado, which contains oYer year 1913 that the number of these monuments under the ad 806,400 acres. l\lany .Members of the House have been there. ministration of the Interior Department is between 15 and 20, Think of that grand territory. Think of the possibilities of embracing not exceeding 7'5,000 or 80,000 acres of land as a developing water power there. We do not want to keep all total. The Department of the Interior is the department that that to look at. It was reserved for a national monument until is to admini ter the law now under consideration, when en some proper legislation was had in relation to national parks. acted, and the chief officer of that department will have the There has been much effort to make it a national park-part selection or the protection of these national monuments. As I of it-and undoubtedly it will be sometime. Think of the op R!ly, I find that they are 15 or 20 in number, embracing not ex portunity of builfling dams and the opportunity of holding that eeeding 75 000 or 80,000 acres of land, whereas under the ad watet·, for the purpose of having more water in the Colorado ministration of the Department of Agriculture there are a River when it is neces ary for power purposes along the river number of other national monuments-8 or 10 of them-that as well as for irrigation in the valleys below. Why, when you embrace something like a million acres of the public lands. stand on the brink of the precipice you can not see the bottom Now, I agree entirely with the statement that was made by of the canyon, and you can not see it at all unle s you go the gentleman from Illinois [Mr. ~1ANN] that it is not the part down, and it will take you a good many hours to do it. No one of wisdom on the part of this Congress to invest in the discre sees it unless he bas the strength and courage to go down those tion· of an administrative officer even the possibility of the trails. Why not give this Government the opportunity of get destruction of these spots of great national interest, and I ting the benefit of this water that is going to waste there eYery am even now more thoroughly convinced than I was when I year, that will add to the beauty of those many canyons? Why offered my amendment that it oug4t to prevail. I do not think not use the water, instead of leaving it as it is at the pre ent that this House, for the possibility of the development of a few time? thousand horsepower, should make it possible to destroy these In a number of other places the condition is the same. It places that are now of very great interest, and which in the is not intended to destroy one foot of the land, but it is intended future will be of vastly more interest to all the people of the to utilize it and get the benefit, and I do not believe there is United States, and not merely to a few people who might be any Member of the House who does not realize that the more benefited by the development of the water power on these reser beautiful lakes. there are in these mountains the greater is vations. Certainly there are enough of the public lands in the addition to the value. of the scenery and the value to the - the great West where the qevelopment can go forward if this country surrounding them. We ought to add to it instead of amendment is adopted; and it being adopted, we do not jeop detracting from it. I do not believe there is anyone in tlle ardize the de truction of these places that are of interest not House more in favor of preserving these natural wonders, keep only to this country but are of world-wide interest to all the ing them in their primitive state. permitting no destruction of ages to come; and I believe my amendment ought to prevail. them at all, than are the members of this committee and I shall ask unanimous consent, l\Ir. Chairman, to offer another myself; but where conditions are such that they can be used amendment before the vote is taken on the amendment, having and the beauty of the landscape maintained and r.dded to, and overlooked, when I offered it, the fact that these words also some value derived from it for the surrounding country, I be occurred on line 12 of page 2, the words " national monument." lieve it is the duty of the House to legislate so as to use the .Mr. JOHNSON of Washington. 1\Ir. Chairman, I desire to property of the Government that we get the benefit and still oppo. e the amendment. I want to call the attention of the retain ali the natural beauty and scenery. No single natural House to the fact that the Olympic National Monument cons1sts object can be destroyed under the provisions of this bill. If of 60 ,000 acres. It covers a few mountain peaks which are it can be used and none of the natural wonders destroyed in beautiful in themselves, but are in the shadow of a great scenic any way, then, I say, use it. mountain peak over 3 miles high. The mountains in the Olympic Mr. FERRIS. Mr. Chairman, there are under the War De Peninsula have on the west side, to my knowledge, at least 8 partment 0 acres of land designated "National monuments," or 10 rivers, great streams pouring down a mighty water power. under the Agricultural Department about 1,500,000 acres, and For years a campaign lias been carried on by all the clubs on under the Interior Department between 75,000 and 100,000 acres the peninsula for the elimination of this monument, which was of land, all so-called national monuments. Now, I would not established under the same rules· as those which provided for interfere with one of those monuments, and neither would the the national monument at Gettysbm·g. The Olympic National executive offic~rs who have them in charge; and with the bill 1914'.. CONGRESSIONAL RECORD-HOUSE. 13·703 cnrrying a specific proviso that· the chief departmental offi!:E'r not be- Included in a general right of m,y or general lease act. must make a finding that the water-power development will rrut . We can act upon any J,JToposition relath·e to those areas by in any sense interfere with the purpose for which the originf:ll special legi lation, either by a genE>ral bill applying to them grn.nt was made the House bas do.ne enough. It ls not right to specificnlly or by spechtl l-egislation in each case. lock up a million and a half acres in the AgriCultura-l Depllrt· Mr. ST.A FFORD. Mr. Chairman, will the gentleman yield? ment. 100.000 a-cres in the Interior Department, and say thche;tp power to pump water for irriga 1\Ir. MAXN~ ' If these reservations are included under the tion that can be de\'eluped. The amendment, of course, is term " lands reserved or unreserved," as.! understood the gentl.!· offered in the best of faith, but it can not be supported by the man to say-- facts. The chief ot.ficer of the department would never let any Mr. MO~"DELL. I meant withdr::twals were included in tho~e part of it be touched that had scenic value. They have full terms. The gentleman from Oklahoma sugg-ested that with power to stop it. In short. they must make a finding of fact drawn lands under the withdrflwal act wot1ld not be included in that it will not, which fully protects. the biiJ if we struck out the word •• reservntlons." ~~Y conten Mr. PAGE of North Carolina. 1\fr. Chairman, I ask unani tion is that withdrawn lands under withdrawal acts are no.t mous consent to modify my amendment by including the words reservations. in line 12 on page 2. Mr. MAl'.'N. What land is there that you can have in a The CHAIR~lAX The gentleman from North Carolina asks reservation that is not included in the- term "lands reserved or unanimous consent to modify his amendment so as to strike out unreserYed "? the words in line 12 on page 2. Is there objection? Mr. MO~"DELL. Oh, in the term "public lands reserved and There was no objection. nnreserved," the term as used here does not include- a reserva 1\lr. GOOD. Does the gentleman move to strike out the words tion. such as a forest reserve or Indian reservation would not in line ] 5. page 2? include national parks. 1\lr. P.dGE of North CaroliJla. Yes. My amendment now Mr. MA~N. The gentleman himself has so frequently taken strikes out the words " national monuments" in line 13 on page a different-- 1, in line 12 on flage 2, and in line 15 on page 2. Ur. .MO~DELL. The tPrm "reserved,. is used to designate l\1r. MOXDELL. Mr. Chairman. I mm·e to amend the amend lands that are withdrawn temporarily under some form of with.· ment by including in the aruendruent offered by the gentleman drawal, such as the general withdrawal act. from North Carolina the words "and other," in tine 13, pnge 1; Mr. MILLER. Will the gentleman yield for a question? and the word '' reserYa tions," in line 1, page 2; the words "or The CHAll:L\1AN. The gentleman from North Carolina asks resermtions." in line 13, page 2; and the words "or reserva· unanimous consent to modify his amendment in the manner tion ," in line ]5. page 2. indicated. Is there objection? {After a pause.] The Chair Tbe CH.dliUlA!\. The gentleman from Wyoming offers an hears none. The question is upon the amendment offered· by amendment, which the Clerk will report. the gentlem:.m from Wyoming. The Clerk read as follows: Mr. .MILLER. Mr. Chairman, I desire to be recognized in Page 1, line 13. strike out the words " and other " ; page 2, Hoe 1, strik£' out the word "reservations"; page 2, line 13, strike out the order that I may ask the gentleman from Wyoming a question, words "or reservations"; page 2, line 15, strike out the words "or or the chairman in charge of the bill. I would like to ask reservations " the chairman in. charge of the bill [ ~lr. FERRIS J a question if 1\lr. FERRIS. Mr. Chairman, I reserve the point ot order I may. I understood the gentleman from Wyoming just now upon that aruendmeot. That reaches an entirely foreign matter, to make an observation that there was a possibility of this and is not an amendment to the amendment, and hence is not language in the bill to include l.n. Mr. MILLER. ! .think that is probably the poorest place to Mr. PETERS of Massachu etts. Mr. Speaker, I desire to ask get knowledge and exact information of this character. unaniu~ous consent to addre~s the Hou e on the subject of for Mr. FERRIS. We might not be in agreement about that, eign trade. but it was also put up to the Interior Department, and it was The SPEAKER. The gentleman from ~!as achusetts [Mr. their opinion· we ought to go ahead with the deYelopment for the PETERs] asks unanimous con. ent to address the House on the Indians that haYe water power. It ought to include all water subject of foreign trade. Is there objection? power, and the idea was to let the proceeds go to the Indians. Mr. 1\IANN. Reserving the right to object, Mr. Speaker, I Mr. MILLER. I ha Ye not for a moment until just now would like to. submit an ob ervation. The President of the thought that it was the intention of this bill to legislate re United States has on several occasions done him elf credit, specting the Indians' property. In the first instance I do not I think, and also credit to this House, by taking away from think the committee has any jurisdiction over the land in an the House and appointing to other offices some of its most Indian reservation . brilliant and able Members. But in no case has he taken away . llr. FERRIS. The gentleman realizes that the Department of from the House a brighter ornament than when he selected our the Interior has jurisdiction. distinguished friend from Ma sachu etts [.Mr. PETERS] to be Mr. MILLER. But the Committee on the Public Lands has no Assistant Secretary of. the Treasury. [Applause.] jurisdiction over Indian property, and notwithstanding that they I haye no objection to the request. had-- The SPEAKER. Is there objection to the request of the Mr. MilTN. Or over military reservations, but the Congress has. gentleman from Massachusetts to .address the House. Mr. MILLER. I understand Congress can pasE. this and it There was no objection. may become a law, but I think it is quite remarkable that this was intended to include lands in Indian reservations without FOREIGN TRADE. the Committee ori Indian Affairs having been advised or asked Mr. PETERS of Massachusetts. Mr. Speaker, our country is their opinion respecting it. to-day meeting one of the crises in the history of ciYilization. Mr. FERRIS. Let me ask the gentleman if he thinks when We are face to face with the unusual task of balancing a world there is water power that is going to waste on an Indian reser that has b~·oken from its pathway of progress and plunged vation that could be used for innumerable purposes that it backward through the Dark Ages of human bloodshed and should or should not be developed? decay. Mr. MILLER. I can call the gentleman's attentior! to thou Instead of the spindle and the plowshare, Europe · wields sands of places now where it is going to waste, and it wm neYer the gun and saber. The bugle that blinds the conscience and be used, and under a matter of this kind it will never be the minds of men and drives them headlong into savagery utilized. has replaced the sweet song of the peasant harvesters and And if I may humbly suggest-and I do not wish to set my legal attainments up in opposition to the eminent legal attain the. hum of industry. Art, science, and progress stand aghast at the spectacle. Peace departs, and with it goes that great ment in the Indian Office-in my poor opinion I do not think universal movement for human uplift and the reservoir of this covers Indian reservations unless you say it covers Indian human happiness that man has been storing up for the future resenations. ages. • · The CHAIRMAN. The time of the gentleman from Minnesota The test we are required to meet to-day involves all phases has expired. of our national life. It involves the stability of American Mr. MILLER. Mi. Chairman, I ask for fi,~e minutes more. principles of democracy, wherein all races may dwell in har Mr. MANN. Mr. Chairman, reserving the right to object, I mony. The racial prejudices and passions of our forefathers would like to suggest to the gentleman that we have been here must be repressed in the broadening minds of our eitizen . a long time this summer and are likely to be here for some time 'fhere is a necessity to-day for a closer clinging to the Stars yet. We used to adjourn at 5 o'clock. During this session we and Stripes and the liberty and happiness they repre ent. have been running until 6 o'clock. It seems to me that we have There is no room for European partisanship in the rninu of time enough ahead of us so that we may resume our normal the patriotic American. To the degree that we maintain neu llabits. trality in word and deed, to that degree do we record, indi Mr. FERRIS. Would the gentleman object to letting us finish vidually and collectively, the success of our great American the amendment? The debate has already been had on it. principles. Mr. MANN. There are several gentlemen who want to be heard further on it, and then probably there would be tellers The new situation in Europe bears heaviest, however, on asked, or E.omething of that sort. · -- · our leaders in trade and in government. The immediate prob . Mr. FERRIS. Only in the interest of economy of time. It lem is our foreign trade, for on its successful readjustment to £eems to me that all has been said here ~at can be said on this meet the new conditions depends the welfare of our working proposition. men and the maintenance of our healthy growth in wealth and world prominence. The ultimate problem involves our national Mr. JOHNSON of Washington. There are the bird reserv~ tions, including the Aleutian Islands, in Alaska, and I would honor and integrity of purpose, which must bear the burden like to know something about them. · of adjustment for the ~reat nations involved in the European Mr. DO NOV AN. Ur. Chairman, I make the point of order catastrophe. that there is no quorum. The gentlemen bere are all disorderly. READJUSTMENT OF TRADE. Mr. FERRIS. Mr. Chairman, in deference to what has been Within a week after the upheaval of Europe, our American said, I move that the committee do now rise. trade had already begun to readjust it elf. After carrying the The motion was agreed to. burden of depression in the world's trade, fighting for and The committee accordingly rose; and the Speaker having re winning footholds in erery market, the American merchants sumed the chair, Mr. FITZGERALD, Chairman of the Committee of took up the new problem with z~al. They were on the brink the Whole House on the state of the Union, reported that that of gathering the rewards incident to the return of great pros committee had had under consideration the bill (H. R. 16673) perity in America, when the crash of the European markets to provide. for the development of water power and the use of broke upon them. Although unprepared, they were animated public lands in relation thereto, and for other purposes, and with that fighting spirit that bas always distinguished Ameri had come to no re&olution thereon: can traders, and put their shoulders to the wheel. LEAVE OF ABSENCE. We must be thankful that we hare in America a goodly por tion of true patriots. We must not pass unheeded without due The SPEAKER. The Chair lays before the House the fol compliment the rank and file of business men who, during the lowing request for leave of absence, which the Clerk will report. recent depression, kept to the uphill road and refused to be The Clerk read as follows : lieve the rant1ngs of false prophets. :Mr. FIXLEY requests leave of absence for 10 days, on account of While the press filled its columns with the plaintive cries of business. the weaklings, while the crafty and ignorant shouted the doom The SPEAKER. Is there objection? of the Nation's trade, and while the Halls of Congress resounded Mr. DO:KOV .AN. I object, Mr. Speaker. with calamity conjured up as political capital, the real con EXTENSION OF REMARKS. structive work of the Nation was being done by the real ·Mr. FOWLER. Mr. Speaker, I ask unanimous consent to patriots in the marts of industry, agriculture, and trrade. extend my remarks in the RECORD. Their work was well done and brayely done, and the healthy The SPEAKER. The gentleman from Illinois asks unani results tell an altogether different story from the buncombe mous consent to extend his remarks in the RECORD. Is there of the alarmists. Our domestic and foreign trade is economically objection? sound, and is equipped to meet the sudden readjustment, what There was no objecti~n. ever may be the incidental troubles. and eventual result. I! 1914. ~CONGRESSIONAL RECORD-HOUSE. 13705 HOLDI!{G OUR . FOllEIG!{ TRADE. A. contpat·ison of- movements dur·ing Apt·il, 1919, and AtJril, 1914, of 15 The industrial centers of the world, astounded at the growth staple articles of t·aw material an(l foodstuffs, etc.-Continued. of our exports of manufactured goods, have had fresh cause for Gain in imports, April, Los~ in exports, April, ut<:nishment during the world-wide depression in trade during 1914, O>er April, 1913. 1914, from April, 1!)13. the 1mst year. Under the mqst severe conditions qf comveti tion, wherein our foreign competitors were throwing into the market their various wares at any price they would bring, we Gain In value. Per cent. LoS'i in >alue.j Per cent. h:n·e held our foreign trade with less decrease than our com ~------1 ------1 petitors. FOODSTUFFS. Although the recent depression was accompanied by the low Meats ...... $.3, 500, (){)() 300 $2, !!4R,OOO 22 ering of the purchasing. power of foreign markets, we virtun11y Cattle ...... 1,071,000 130 40,000 17 held intact our export business. This prores the sound basis Breadstuffs ...... 896,000 62 7, 7i6,000 45 Coffee ...... 2,095,000 25 11?,000 16 ou wllich our foreign trade rests, and the power of our manu Su~ar ...••••..••••••••••••••••... 2,343,000 22 69,000 30 facturers to bold this trade in the face of tremendous odds. Vegetables ...... 523,000 71 ...... Fruits ...... -...... 875,000 22 (I('~ HOME ADVANTAGES OF FOREIGN TRADE...... I------~----~1------I ------'l'he admntages of foreign markets to the Americ:m industries Total...... 11,303,000 ...... 10,945,000 ...... are many, and they make necessary the prompt and effective I====I Grand total...... t 25, 433, 000 ...... 321,490,000 1...... 4 readjustment now going on. Our manufactu:·ers have already Gross increase ...... 27,700,000 ...... 6 37,545,000 ...... reached the point where their skill and industry turn out a ,·oJume of goods greater than can be absorbed by the local 1No loss or gain. 'Gross increase of all imports. market. !Gain in imports for 15 com.modilie3. 6 Gross loss of aU exports. ·Loss in exports for 15 commodities, In many industrie~ acti"Vity depends on the seasons. Where the product can be used only in certain seasons of the year, In eight varieties of raw materials we imported last Apri the1·e· :ue periods when machinery and workmen are not put to $14,130.000 more than in April, 1913. To any mind that is-truly their full usefulness. The foreign markets, depending on other appreciati"Ve of American hustle and determination, does this conditions of clima Le than our own, afford a natural outlet that not show that while chronic bowlers were depicting our down calls for the full use of machinery and labor at all times of fall last April, our real patriots, our industrial leaders, imbued the year. All-year-round employment is the ideal employment with real Americanism, were determined to keep our 'ivheels from the \'iewvoint of the manufacturer and the laborer. turning? When calamity was beard at its loudest, the boom was on. A MAN'CFACTURING NATIO!{. When the increase in imports was pointed out as · a sure sign A glance at our export figures shows that our finished goods of decay, was it not in reality the most sure sign of llealtb are lowly but surely supplanting the foqdstuffs and crude and vigor of our industries? materials that were formerly the principal items of our exports. This table, which is drawn from the official report of the And another glauce at our imports shows an increasing demand Department of Commerce, not only explains the radicafincrease by .America for foreign foodstuffs and crude materials and less in imports, which we have seen is represented by material for demnnd for foreign manufactured products. our mills and food for our people, but it shows further that 5t To-day .A.metica in the eyes of Europe is becoming essentinlly per cent of the decrease in exports for the same month is rep a mnnufactming Nation. Our pr0gress in inrention of ma resented in our decision to retain for our own use $21,4~0.00( ellinery, the great supply of labor, e\"er increasing through im more raw material and foodstuffs. Of the total drop iu ex migrat-ion, the enterprjse and energy of our industrial leaders, ports. comparing April, 1914, with April, 1913, which amounted haYe all contributed to the rapid growth of American industry. to $37,544,000, more than one-half is represented in these ideo Twenty years ago, in 1894, our exports of manufactures tical items of raw materials and foodstuffs. ready for consumpt'on were "Valued at $130,000.000, or 15.63 NEW TRADE PROBLEMS. per cent of our total exports. In 1003 our exports of this fin The manufacturers, recovering so brilliantly from the slump tshed product bnd increased to $327.000.000. or 23.5 per cent in the world's trade, are now facing readjustment. Kot only of total exports. Last rear, 1913, we exported finished manu must they seek new markets, but they must seek new sources fllctured goods to the value of $776,000,000, or 32 per cent of of raw rna terials. .A. big demand for American goods is forc..;een tl1e total exports. and we are combing the peaceful sections of the earth for the The trade of the world ne..-er stands still. The broad outlook material to feed our looms and workshops. on trade notes an ever-changing aspeet among the nations, in In the competition of our captains of industry for the bene which their soil, their climate, their natural resonrces, the fits of the new order of things, it is well that this Congress has ability, ingenuity, and capacity for labor of their citizens all spelled into the law regulations that will protect equulity of conttilmte to the change. opportunity. Slowly -and surely America is becoming a workshop of the The rank and file of American manufacturers have shown wol'lcl and our people a nation of skilled artisans. Our agri th'flt they deser"Ve the aid that Congress has extended to them culture is still the bone and sinew of American wealth. It is The great constructh·e work of this Congress shall have its not going backward, but is having its normal growth. The de full effect in the reconstruction of trade that is now begun. lelollii~ent of industry in America, howerer, is changing the Just before -the disruption of European peace ou August 1, world's ,·iew of our country. America had felt the quickening of the pulse of industry and FOOD AND RAW liATERIALS, had begun the garnering of nature's bounty. Our trade· was The remarkable gain in imports during the present year is returning to its natural stride. The depression that began in repre ented !Jy raw materials for our factories and food for our Europe and forced its way inevitably into onr industty was ,yorkmen. Tllis fact is shown jn the following table, compar being thrown off. We had been the last great Nation to be ing April, 1913, and .April, 1014, and covering the principal affected, we were affected to a lesser degree than our compet.i iten:s of food and raw materials: tors, and recovered first from the depression. We demonstrated A compa1·ison of movements dut··ing April, 1913, and April, 19Lt, of 15 to the world the wonderful health and vitality of American staple m·ticles of ra1v material and foodstuffs in Ame,..ican imports agriculture and American industry. GIHl C.Xp01't8. AMERICA THE BULWARK, Gain in imports, April, Loss in exports, April, Our Government is destined to be the bulwark of civili~£ation 1914, over April, 1913. 1914, from April, 1913. in the catastrophe that is darkening Europe. The task is an enormous one, and it will test to the full whether American principles and American civilization are fundamentally sound Gain in value. Per r.ent. Loss in value. Percent. and whether our Government is equipped to shoulder the responsibilities of an entire world. R.A W MATERIALS. Mr. Speaker, there is aroused within me on this occasion when I am appearing in this historic body probably for the las ~~il~~e~d.oi·1 :::::::::::::::::::: n,o!~:~ ~ 19·~~:~ ~ time, the full, hfond hope anbd belib'efttthat Amend·catis prert)athre~ WooL...... 6,000,000 210 ...... I believe we ave never een e er prepare o mee IS Si&...... 2,056,000 33 ...... world emergency. ~i:e~~~::: ·:::.::::::::::::::::::: ~;~~~~ ~~ ...... 50;000· 15 First and foremost I believe that genfuine patriotism, whticdb Fiber...... 1,570,000 37 is the love of fe11ow men and the love o peace. has supp 1an e Oil, crude...... 262,000 33 ······a95;ooo· ...... 53 in the hearts of our people that false patriotism of ths Dark t-----l----1------~---14 130 000 10 545 000 Ages which made men brutes. at the call of country. I ueliere Total ...... ,===·==·==k·=·=··=·=..= ..=·:·== =·== =·=,b·=..=·= .. =·~··· the America_n has risen to the plane of real civilization:, 13706 CONGRESSIONAL RECOR]).:__gENATE. ~UG1JST 14, r belie•e that our lenders in the &'lllte and the House of By 1\fr. CULLOP: A bill (H. R. 18361) granting an increase Representa-tivPs;, as well as our Cbief Executive. represent our &1 pension to William l\1. ·Alexander; to the Committee on In American type of patriot. and that the great peaceful feeling in vaTid Pensions~ our country. in the face af the catastrophe abroad, rests on By Mr. GRIEST~ A bill (H. R. 18362) granting a pension tn the firm bPiief in our leaders. and our institutions. Katherine-Baxter; to the Committee on fnva lid Pensions. Mr. BAILEY. l\lr. Chai:rman. I ask unanimous consent to By 1\Ir. GRIFFIN: A bill (H. R. 18363) granting a pension extend my remnrks in tile RECORD. to "alter Thorn; to the Committee an Inn1Iid Pen ious. The CHAIR.UAX The gentreman. :from Pennsylvania [1\Ir. By Mr. 1\fc.ANDREWS: A bill (H. R. 1836-t) granting nn in BAILEY] asks unanimous consent to extend his remarks in the crease of pension to Frances l\1. Eaton· to the Committee on REcoRD. Is there objection? - fnvalid Perudons. , ' There· was no objection. By Mr. 1\lc-KELLAll: A bill (R R. 18365) for tbe relief of ADJOURNMENT. the legal representatf'les of Reuben S. Jones nnd William N. 1\Ir. FERRIS. Mr. Speaker, I. move that tlie House. do now Brown, deceased; to the Committee on War Claims. By ~fr. TAGG.ART: A bil1 (H. R. 1 366 )- granting a pension adjourn. The motion was agreed to;- a-eco.rdingly (at 5 o'clock and 12 to Elizabeth Campbell; to tb~ Committee on Invalid Pensions. minutes p. m.) the House adjourned until Friday, August 14, By Mr. T.A VENNER: A b111 (H. R. 18367)} granting a pen sion Rose Eastman; to the Committee on Invalid Pensions. 1914, at 12 o'clock noon. tu- REPORTS OF C