1902. CONGRESSIONAL RECOR.D-HOUSE. :1525
William A. Mussett, to be postmaster at Grayville, in the Albert H. Lapham, to be postmaster at East Aurora, in the county of White and State of illinois. county of Erie and State of New York. Charles W. Penny, to be postmaster at Patterson, in the county Eugene N. Hayes, to be postmaster at Boonville, in the county of Putnam and State of New York. of Oneida and State of New York. J. F. Okey, to be postmaster at Grant City, in the county of George R. Vail, to be postmaster at Chester, in the county of Worth and State of Missouri. Orange and State of New York. · David H. Gilchrist, to be postmaster at Gallatin, in the county Levi A. Shove, to be postmaster at Brewster, in the county of of Daviess and State of Missouri. Putnam and State of New York. D. G. Williamson, to be postmaster at Staunton, in the county Artie E. Galloway, to be postmaster at Silver City, in the of Macoupin and State of illinois. county of Grant and Territory of New Mexico. William J. McEldowney to be postmaster at Chicago Heights, Elizabeth A. Wheeler, to be postmaster at West Derry, in the in the county of Cook and State of illinois. county of R.ockingham and State of New Hampshire. Fred C. Kile, to be postmaster at Blue Island, in the county of ·William E. Lissenden, to be postmaster at Mariner Harbor, in , Cook and State of illinois. · the county of Richmond and State of New York. Wilbur T. Norton, to be postmaster at Alton, in the county of George F. Wattson, to be postmaster at El Reno, in the county Madison and State of illinois. of Canadian and Territory of Oklahoma. George S. Roush, to be postmaster at Lena, in the county of Allen J. Papen, to be postmaster at Las Cruces, in the county Stephenson and State of illinois. of Donna Ana and Tenitory of New Mexico. Edmund C. Kreider, to be postmaster at Jacksonville, in the F. 0. Blood, to be postmaster at East Las Vegas, in the county county of Morgan and State of illinois. of San Miguel and Territory of New Mevico. Ernest G. Howell, to be postmaster at Geneva, in the county John J. Burke, to be postmaster at Norman, in the county of of Kane and State of illinois. Cleveland and Territory of-Oklahoma. Christian A. Kuhl, to be postmaster at Pekin, in the county of Frank Frantz, to be postmaster at Enid, in the county of Gar Tazewell and State of illinois. field and Territory of Oklahoma. James E. Gregory, to be postmaster at Moweaqua, in the county John W. Deam, to be postmaster at Geary, in the county of of Shelby and State of illinois. Blaine and Territory of Oklahoma. John A. Walter, to be postmaster at Lockport, in the county of Joseph Marks, to be postmaster at Covington, in the county of Will and State of illinois. Tipton and State of Tennessee. Susan C. Fulton, to be postmaster at Hawley, in the county of Robert S. Link, to be postmaster at Abbeville, in the county of Clay and State of Minnesota. · Abbeville and State of South Carolina. · Laurence O'Brien, to be postmaster at Preston, in the county of Herbert C. Huber, to be postmaster at Mountain View, in the Fillmore and State of 1\finnesota. county of Washita and Territory of Oklahoma. . Robert Dunn, to be postmaster at Akely, in the county of Hub William H. Faulkner, to be postmaster at South Boston, in the bard and State of Minnesota. cmmty of Halifax and State of Virginia. C. A. Sweet, to be postmaster at Creighton, in the county of Benjamin B. Weisiger, to be postmaster at Manchester, in the Knox and State of Nebraska. county of Chesterfield and State of Virginia. Charles D. Morris, to be postmaster at Trenton, in the county Blanton W. Burford, to be postmaster at Lebanon, in the of Grundy and State of Missouri. county of Wilson and State of Tennessee. · Andrew Eiken, to be postmaster at Crookston, in the county of William G. Young, to be postma-ster at Tazewell, in the county Polk and State of Minnesota. of Tazewell and State of Virginia. · Albert Humm, to be postmaster at College Point, in the county Charles H. Revercomb, to be postmaster at Covington, in the of Queens and State of New York. county of Alleghany and State of Virginia. Charles V. Hay, to be postmaster at Weeping Water, in the Sydney S. Trevvett, to be postmaster at Glenallen, in the county of Cass and State of Nebraska. county of Henrico and State of Virginia. Henry C. Booker, to be postmaster at Gothenburg, in the county James F. Harrison, to be postmaster at Piedmont, in the county of Dawson and State of Nebraska. of Mineral and State of West Virginia. Hiram A. Gardner, to be postmaster at Campbell, in the county John 0. Jackson, to be postmaster at Blackstone, in the county of Dunklin and State of Missouri. of Nottoway and State of Virginia. Simon P. Loebe, to be postmaster at Charleston, in the county Charles Alexander, to be postmaster at Boydton, in the county of Mississippi and State of Missouri. of Mecklenburg and State of Virginia. Malissa Conway, to be postmaster at Vandalia, in the county Henry C. Showalter, to be postmaster at Harrisville, in the of Audrain and State of Missouri. county of Ritchie and State of West Virginia. · · Frank I. Swett, to be postmaster at Lebanon, in the county of John 0. Huey, to be postmaster at Mannington, in the county Laclede and State of Missouri. of Marion and State of West Virginia. James L. Greenlee, to be postmaster at Kahoka, in the county Harry'E. Munday, to be postmaster at Shepherdstown, in the of Clark and State of Missouri. county of Jefferson and State of West Virginia. · Ida Blackburn, t.o be postmaster at Savannah, in the county of Edwin L. Brunton, to be postmaster at Walla Walla, in the Andrew and State of Missouri. county of Wallawalla and State of Washington. William A. McCool, to be postmaster at Indianola, in the county William A. Buckley, to be postmaster at Sprague, in the county of Redwillow and State of Nebraska. of Lincoln and State of Washington. C. W. McConaughy, to be postmaster at Holdrege, in the county Alphonso F. Learned, to be postmaster at Port Townsend, in of Phelps and State of Nebraska. the county of Jefferson and State of Washington. Charles F. Bean, to be postmaster at Glendive, in the county Lawrence A. Inkster, to be postmaster at Davenport, in the of Dawson and State of Montana. county of Lincoln and State of Washington. · Thurlow S. Armstrong, to be postmaster at Butte, in the county Arthur M. Blackman, to be postmaster at Snohomish, in the of Boyd and State of Nebra-ska. · · county of Snohomish and State of Washington. Lewis M. Short, to be postmaster at Ainsworth, in the county Joseph G. Tuttle, to be postmaster at Waterville, in the county of Brown and State of Nebraska. . of Douglas and State of Washington. Levi M. Copeland, to be postmaster at Minden, in the county of Kearney and State of Nebraska. John J.lnman, to be postmaster at Salamanca, in the co1.mty of HOUSE OF REPRESENTATIVES. Cattaraugus and State of New York.· · · Sanford D. Cole, to be postmaster at Wymore, in the county of MONDAY, Februa/ry 10, 1902. Gage and State of Nebraska. . The House met at 12 o'clock m. William E. Morgan, to be postmaster at Greeley, iii the county The Chaplain, Rev. HENRY N. CoUDEN, D. D., offered the fol of Greeley and State of Nebraska. · lowing prayer: Benjamin C. Eaton, to be postmaster at Pittsford, in the county Let Thy blessing, .Almighty God, our Father, descend upon us of Monroe and State of New York. · this day. Make us to know Thy will. Give us the disposition George L. Bowers, to be postmaster at Vernon, in the county of and the strength to do it. And, 0 Lord, let Thy blessing de Oneida and State of New York. scend upon all who are in anxiety, all who are sick and afflicted; WilliamS. Mills, to be postmaster at Fillmore, in the county of especially let Thy blessing descend upon the President and b.?-s Allegany and State of New York. . · . . companion. Spare the life, we beseech Thee, of their child, that Harriet L. Knapp, to be postmaster at Shortsville, m the county he may grow up to be a comfort and a blessing to them in their of Ontario and State of New·York. declining years. This we ask in the name of Christ our Lord. Nathan VanWagenen, to be postmaster at New Paltz, in the Amen. · county of Ulster and State of New .York. The Journal of Saturday's proceedings was read and approved. 1526 CONGRESSIONAL RECORD-1I0tJSE. FEBRUARY 10,
OLEOMA.RGARTh"E BILL. dance of frauds, you brought forth only one manufacturer who Mr. HENRY of Connecticut. Mr. Speaker, I move that the had been detected, who had been unquestionably going beyond House now resolve itself into Committee of the Whole House on his bounds as a wholesaler in o~omargarine. the state of the Union for the further consideration of House bill And the gentleman from Wisconsin rose here and read a long 9206, the oleomargarine bill. article detailing how this manufacturer told his retail consumers The motion was agreed to. how to furnish oleomargarine that would approach butter in color Accordingly the House resolved itself into Committee of the at different seasons of the year. That was the one instance sub Whole House on the state of the Union, with Mr. LACEY in the mitted on the floor of this House, and there is not a member here, chair, for the further consideration of House bill9206. and there will not be a member, who will attempt to condone the The CHAIRMAN. The House is now in Committee of the actions of that one wholesaler in the business of oleomargarine. Whole House on the state of the Union for the further considera Mr. Chairman, the minority of this committee insists that be tion of the oleomargarine bill, and the Clerk will report the title cause there is fraud in the retail business of oleomargarine, be of the bill. cause there has been one instance, because there has been perhaps The Clerk read as follows: two instances, of nefarious and unjustifiable conduct in the whole A bill (H. R. 9200) to make oleomari3rine and other imitation dairy prod sale business of oleomargarine, this House has not the moral right nets subject to the la.wsof the State or Territory into which they are trans or the power to stamp out the industry. I have heard a great deal ported, and to change the tax on oleomargarine. about fraud in oleomargarine. I have heard the voice of the gen Mr. FEELY. Mr. Chairman, I wish to submit the bill reported tleman from Wi consin and the voices of the gentlemen from Min by the majority and the whole report, and the bill submitted by nesota and southwestern Iowa raised here against the frauds in the minority and the whole of the minority report, to be printed oleomargarine. Against whom have you been talking, gentlemen? as an appendix to the remarks which I shall submit on this ques Have you been making Don Quixotes of yourselves by fighting a tion. windmill? Everyone understands about the frauds. You do not The debate, so far as it has proceeded on this question, has dis deceive anybody but the constituents to whom you mail your ad closed the very great and deep interest 'Of the various constituen dresses by tnlking about fraud. Fraud is admitted. But we say cies represented upon the floor of this House. It has shown a to you that the 1·eport made by the minority on this question pro varied interest. We have heard words of encouragement for the vides in every respect a better solution for the question of the dis cow from southwestern Iowa and for the dairymaid of North position of this fraud than your majority report. Carolina. We have heard representations here for the Texas The gentleman from Iowa stated here that the legislation of steer, and we have heard representations from some of the pack 1886 was based upon the same principle upon which the present ing interests. measure is based. Is it? Does he forget some of the speeches I do not know that it is necessary to state on the floor of this made on the floor of this House by the distinguished gentleman House the various interests to be argued for and represented here, from Missouri and the distinguished gentleman from Illinois? but I will submit that on this great question of taxation, this Let us see if this was, as stated by the gentleman from Ohio, a question of the right and propriety of using the taxing power of question as to the deleteriousness of this product. We all remem the Government, claimed by some to be supreme, is a question ber-at least, we all remember having read-the speech of the that ought to command an inquiry into the conscience of mem gentleman from Illinois, the gentleman who represents the great bers, as well as into the consciences of the constituents of mem est dairy district in this country, who is being attacked to-day by bers. It sounds well, it will read well in the RECORD, it will do this same organization of busybodies, this same conscience keeper well for home consumption, for members on the floor of this of the House of Representatives, for having been absent from his House to stand here and say that they represent the consciences seat when this question was up one week ago. Let us see how of their constituents. roseate was his opinion of the cow. Let us see what a beautiful There are two classes of statesmanship which have become opinion he had of the product known as oleomargarine in 1886. manifest during the last decade of American politics. One school On May 24 of that year he said: is the school that has its ear ever to the ground listening for the During the Franco-Prussian war an inventive genius, by the name of M. word from home on every question, and the other school is the Meae discovered that the fats of such animals as cattle, horses and dogs school that weighs public questions in the balance of common co~d be made into a substitute for butter. The war measure of the invent ive Frenchman was seized and improved u:pon by the ever-inventive Yan sense, in the balance of intelligent and wise legislation, and casts kee. Our Patent Office has been besieged Wlth applications for patents. its vote on the floor of this House in favor of the conclusion rather than by the latter process. Members who expect to gain the After pointing out the various articles said -to be used in the good will of the constituent body, always placing the ear close to manufacture of oleomargarine, comprising 60 in all, Mr. Hop the ground, may sometimes be swerved from what they would kins proceeded, as follows: consider the plain duty by listening to the sometimes misguided If these imitations of, and substitutes for, pure butter were marked or la cry of their constituents, whether made manifest, as in this case, beled what they really are, and the dealers and consumers advised of what by postal cards prepared in the city of Chicago or by letters they are purchasing and eating, no complaints would be made by the dairy or communications from the public press in other various dis men. tricts. Continuing, Mr. HoPKINS said: I submit, Mr. Chairman, that if this Republic is going to secure The great wrong is the fraud and deception practiced in selling such loath the best advice, the soundest judgment from members on this some compounds for aenuine butter. It is a.s..<:erted by the friends of these bo~t;IS substitutes for 'butter that they are healthy. They are not. All kinds floor, there ought to be used in the determination of every ques of ruthy fats are used in their manufacture. Animals dying from all kinds tion here that cool judgment which comes from a conviction well of diseases are utilized, and after gojng through their bleaching and deodor grounded after study rather than from a postal card indited in izing processes are manufactured into oleomargarine and sold for pure butter. Gentlemen of rare scholarship and sciEmtific attainments have given this some market of the world, sent to a farmer, addressed and sent whole subject years of careful thoughtandstudy,andareunqualifl.edin their here to a member of this House. !'ltateD:leJ?.tS of 1ts unwholeso~e a~d loat]?.some cp.aracter. Its consumption, Members have stood on the floor of this House and have cour m therr JUdgment, leads to msaruty, Bright's dlSease, and many of the ail ageously stated that they granted to every member the right to ments that undermine the strongest and most robust constitutions. vote as his conscience dictated. The right to vote, said some, as These extracts from the speeches of Mr. HoPKINS, and Mr. the consciences of the constituents dictate; but I submit to you Hatch of Missouri, the father of the present act, show conclu when the last day has come-I mean the last day of your Con sively that these men honestly believed at the time that the state gressional service, and I appreciate fully that the last day of Con ments were made that they were facts, and they were fully con gressional service to some of you is very far ahead-when the la-st vinced that the measure they had under consideration was an day of Congressional service ha-s come, you will be sounder and honest and patriotic one, and one that should command the full freer in your own mind and your consciences will be more easily est support of this House. They show that even at that early composed if you know that to the disposition of every question day, before science had demonstrated to the world and the world you have brought sound judgment, rather than fear caused by had accepted the fact, that oleomargarine was wholesome and the hue and cry of constituents, who are many times illy advised nutritious, there was no effort made or contemplated to strike on the question about which they would advise you. down this industry, but all that was wanted by that measm·e was Now, to come down to the discussion in specie of the various to prevent deleterious ingredients entering into the manufactm·e provisions of this bill, I desire to state that I agree with all who of this article. There was no talk in those days of repres ive tax have declared that the necessity was evident for legislation on this ation, there was no talk of coming back to Congress and asking subject. I think my experience and locality permits me to agree for a heavier tax on the product in the event that the tax they laid with both majority and minority on this committee ·that there is was insufficient to stamp out the industry. a great amount of fraud connected with the retail traffic in oleo All that was asked or contemplated by the promoters of that margarine. And there may be some fraud connected with the dis legislation was to provide sufficient revenue to properly police the position of the wholesale traae in oleomargarine. And after three manufacture and sale of that article, and provide sufficient pro days of extensive debate, after the records were ransacked for evi- tection so that it would be sold on the market for just what it 1902. CONG·RESSION AL RECORD-HOUSE. 1527 was. That is all we need to-day; that is all the mfnority bill pro "production" instead of placing it before the word" oleomarga poses to do. rine." I wish to ask you now if you intend by your bill, if it goes Now, my dear friends from the Northwest, calm yourselves; be into effect, that a manufa-cturer of oleomargarine, having paid the not dismayed, dispel your alarm; we do not intend to put in this special tax of $400 as a manufacturer, if he should sell his oleomar· product all the dead dog and animals that we can gather along garine at wholesale at a place other than where it was manufac the railroads, as was stated by the gentleman from Missouri, Mr. tured, would be obliged to pay the other tax? It occurred to me, Hatch, and by Mr. HoPKINS, in 1886. when you say" and who sells oleomargarine of his own produc We propose that it shall be manufactured as honestly as it is tion only at the place of manufacture,'' that that would be the to-day, and that its ingredients shall be as pure and wholesome and effect of it, and that if a manufacturer sold oleomargarine of his as healthy as every one of you admit it is to-day, and we propose own manufacture at any other place than the factory it would that it shall be sold for exactly what it is. compel him to pay two taxes. The manufacturers of oleomargarine have done something to Mr. FEELY. .Ai; far as I am concerned, I believe that that is close the mouths of all the ranters against the dishonest product, a misinterpretation of the law. I certainly intend that he shall oleomargarine. The only complaint we have at the present time not have to pay two taxes. outside of that distinguished body, that able conscience keeper of 1\!r. THAYER. Would he not be obliged to do so under the the House of Representatives, the National Dairy Union, whose phraseology of the bill, changing it from the original statute, members sit around with a tab in their hands watching the which provided that where one sells only oleomargarine of his friends of the cow, the only complaint we have outside of that own manufacture he is not obliged to pay the other tax? But you organization is the outcry of certain members of the House con have transposed it so that if he sells oleomargarine of hiS own cerning fraud in the retail distribution of the product, and in manufacture only at the place of manufacture he is not obliged t J one, or possibly two, instances in the wholesale distribution of it, pay any other tax; but you do not relieve him from paying an not a word about deleterious products being used in its manufac other tax for the sale at another place besides the place of manu ture. I might read to you a long list of opinions presented by facture. various chemists, whose opinions are entitled to consideration, Mr. FEELY. Iamnotsurethat I fullycomprehended the gen but I will not occupy the time of the House in that way, knowing tleman's question. I may have done so. If in the remarks that how many desire to be heard on this measure. I am now about to make I show that I have comprehended the I want to submit, however, what is known to most of the peo gentleman's question, I hope he will be satisfied with the answer ple who have examined this question; that is, that the decisions that I make. of the courts of last resort have declared this product to be honest I am about to come to a discussion of the first section of this and nutritious and wholesome; and have declared it to be an arti majority bill. The National Dairy Union has sent out a state cle of commerce, even so far that the courts of last resort will ment that may bring out an answer to the question of the gentle~ take judicial notice of that fact. man from Massachusetts. I wish to address myself to the first In the case of Schollenberger v. Pennsylvania (171 U. S. Reports, section of this bill. p. 10) the Supreme Court quotes from the decision of Judge The first section of this bill is based on historic excise legisla Hughes of the eastern district of Virginia in the case of Ex parte tion. It is based on the bigoted desire of grasping creamery in Scott and others, in which the circuit court for the eastern dis terests in this country to place an honest competitor on the same trict of Virginia (66 Fed. Rep., 45) says: basis with the makers and sellers of intoxicating liquors. It is a fact of common knowledge that oleomargarine has been subjected It is ba-sed on the hint expressed by the Supreme Court's deci to the severest scientific scrutiny, a.nd has been adopted by every leading sion in the original-package case to the effect that Congress might government in Europe, as well as America, for use by their armies and grant permission to the several States to pass laws under the po navies. lice powers of those respective States that would be effective, And the court says, on pag612: despite the grant to Congress by the Constitution of the right to The article is a subject of export and is largely used in foreign countries. regulate interstate and foreign commerce. Upon all these facts we think it apparent that oleo~arga.r~e has l?ecome a They propose to allow each State in this Union that so desires proper subject of commerce among the States and Wlth foreign Ttations. to place a proscriptive bar around its boundaries and prohibit The general rule to be deduced from the decisions of this col¥-'t is tha~ a lawful article of commerce can not be wholly excluded from rmportation even the introduction of this article. The time will come, Mr. into a State from another State where it is manufactured or grown. A State Chairman, when a fuller appreciation of this product, oleomarga has power to regulate the introduction of any article, including a food prod rine, will warrant every man on the floor, whether he has been uct, so as to insure purity o~ the article impor.ted, but such police power does not include the total exclus10n even of an article of food. in receipt of postal cards from the National Dairy Union or not, in decrying any such legislation. Has it come to this, that Mr. GAINES of Tennessee. Will the gentleman yield for a the Houses of Congress are expected to pass measures whereby question? an honest and nutritious product-a product admittedly whole Mr. FEELY. With pleasure. some-is to be kept out of one State because the legislature of that Mr. GAINES of Tennessee. .Ai3 I understand it, the proposed State does not like it? You may pass this law to-day, but sensible legislation does not strike at the making of oleo and selling it as men who deliberate upon legislation will not be hasty in passing oleo or the making of oleo and keeping it in the form of oleo, but a law that will allowany State in this Union to proscribe an hon it st~ikes at the making of oleo and selling it a-s butter, contrary est, wholesome, and legitimate food product. to the statute and contrary to good morals, which you say is a I personally am in favor of the broadest freedom in the disposi fraud. tion of this product, and I would not have the manufacturer pay Mr. FEELY. I would say to the gentleman from Tennessee a special tax at any place of sale, as referred to by the gentleman that no matter what excuses may be made by members on the from .Massachusetts. I would have every manufacturer of the floor of the House on the ground that this is a revenue measure, article have the lawful right to send it in the original package to the words of the pioneer in this legislation, the words of the gen any man, even in Wisconsin, who would write him a letter asking tleman hom whom almost all of the members from ~finnesota him to send him a pound or two pound package of oleomargarine, are trying to rob the credit of this measure, the words of that even if it drove into frenzied alarm all the representatives from gentleman have made it plain to us that this was a repressive the dairy sections of this country. If the people want oleomar measure; that this was distinctly what the gentleman from ,Wis garine, and if they want it colored, they are entitled to it, so long consin Governor Hoard, said was a repressive measure, and in as they know what they are getting; if they are fully advised tended to stamp out oleomargarine as a competitor in the field by the manufacturer as to what the article is and he has labeled with cow butter. it as such according to law. Section 3 of the majority bill is the Mr. GAINES of Tennessee. .Ai3 a competitor under the name important section in the bill. It is the section concerning which of oleo, or a-s a competitor sold as butter? members began to talk here a week ago to-day, about it being a Mr. FEELY. .Ai3 a food product. The gentleman from Ten revenue measure, and it is the section about which members were nessee well knows that no man will stand on the floor of this talking on the following Wednesday evening, about it being a House and that no committee will be found having the temerity measure to repress fraud by putting on a 10-cent tax for the pur· to report a bill into this House that would allow the fraudulent pose of "taxing fraud out of oleomargarine." substitution of and selling of oleomargarine in the markets a-s Now, is not that a beautiful phrase? Will not that sound well and for butter. · in the valleys of southwestern Iowa and up in the valleys of Ml.·. GAINES of Tennessee. Yon are opposed to that, then? Wisconsin, one of the most beautiful States in the Union, whose Mr. FEELY. I certainly am opposed to that. people are thoroughly wedded to raising dairy cows, to producing Mr. THAYER. Will the gentleman yield to me? butter and cheese, " to stamp fraud out of oleomargarine." Mr. FEELY. Yes. Why, to listen to gentleman on the other side of this question, Mr. THAYER. I should like to call attention to the wording one might think that we here on this side were a band of Bul· of your min01-ity bill, changing the phraseology of the statute as garian brigands; that we were in a conspiracy with the gang of it now reads~ transposing the word " only" to the position after '' adulterers,'' to use the language of some of the dairy papers 1528 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10,
in this country, " wh?se headquarters are in the city of Chicago," before Congress which taxes the sale of oleo colored to resemble pure butter and requests our Senators and Representatives to use every effort to secur~ and that we were trying to loot the consumers of this country the passage of the same.' • · and sell oleomargarine as if it were butter. If that is the opinion FRED M. WARNER, President. you entert:;tin of us, gentlemen, you are on the right path, you S. J. WILSON, Secretary. are prope:r: 1!1 your me~hod_s, so that you can place it on the plane of competition where It will have no competitors to test it. Mr. WM. ALDEN SMITH. Mr. Chairman, I desire simply to Mr. TAWNEY. Will the gentleman permit me to interrupt say a few words in addition to ·that telegram. The present law him? taxes oleo?largarine 2 cen~, a pound. That law was passed in Mr. FEELY. Certainly. , 1886, and IS known as the Hatch law." We propose in the interest of the consumers of oleomargarine, to reduce the tax ¥r· TAWNEY. ~ether that is our opinion of the people of Qb.icago or not, I desrre to ask the gentleman a question on that from 2 cents a pound to one-quarter of 1 cent a pound and in line, whether or not the firm of which he is a member were not the ~terests of the dairymen, the farmers, and the butter' makers the attorneys in the case of The People of Illinois against M. A. of thiS country we propose to raise the tax upon oleomargarine Wright, and The People of illinois against Charles R. Barrie in colore~ in im~tatio!l of. bn~r to 10 cents a pound. 1899? ' I believe this legiSlation IS fully warranted. I believe that we Mr. FEELY. Oh, yes. are acting within on: proper and legitimate authority. I believe ~·TAWNEY. And if in the closing paragraph of the brief th~t not only t~e dau·J:illen l;>nt t~e farmers and laboring men of which you presented on behalf of the people against the oleomar this country will sustam us m this matter, and therefore I desire garine retailer you did not use this language: to put myself on record in favor of this legislation. Mr. 9hairman, it is not possible for me to be here when this The very vi~or ~th w:hich these e&;S8S are being contested by the manu vote will be taken to-morrow, but I desire to be upon record and facturers or nnxers IS eVIdence of the unmense magnitude of the imposition now being perpetrated upon the J>Ublic,for such defense would only be made I have already been paired with the gentleman from MichlO'an to protect systematic and lucrative fraud. [Mr. CORLISS], who would cast his vote on the other side of the Mr. FEELY. Oh, yes; that language is in that brief. question. The matter is important to the farmers of our State and I commend this legislation to my associates here as highly ~·TAWNEY. Is not that the opinion you -expressed in your bnef? necessary, and hope it will~ enacted into law. [Applause.] Mr. FEELY. That is the opinion expressed in the brief that Mr. HAUGEN. Mr. ChaU'IIlan, I fully appreciate that every was drawn by my partner. [Laughter on the Republican side.] argument has I>:een e~usted on 'b?th sides of this question, and Wait a minute, my distinguished friend from Minnesota before that there remains nothing to be srud, and' had it not been forcer yon laugh. I will admit that our firm were the atto~eys or tain remarks ?lade by the opposition I should not at this time offer rather my partner was the attorney, for the people in those ca~es· any observations or ask to be recognized. I had the privilege of but I do not see where the materiality of the gentleman's qnestio~ presenting my vie.ws on this subject a year ago, and I have nothing comes in at all. !low. to add, nothing to retract, and no apologies to make. But Mr. ROBINSON of Indiana. You deprecated fraud? m VIe~. of ~he ab~e, sarcasm.,, and the statements made by the Mr. FEELY. I deprecated fraud there and deprecate it here· opposition rmpugnmg the motives of the friends of this bill I and I regret to say to the gentleman from Minnesota that~ shall endeavor to answer some of the charges which have oo'en bigoted attorneyship for the farmers from Minnesota has so evi made. dently blinded him that he supposes that I would entertain for a !he friend~ of this bl!l now before the House have been charged moment the proposition of condoning fraud there or here. With.co~ardiCe and With a lack of courage to vote their honest I expected that question. You know there are things in the conVIctions; .that we have been intimidated and solely influenced past life of every one of yon that might be dug up here on the by our constituents who have been or are in the dairy business floor and submitted to yon. I suppose that the conscience of the while those on the other side occupy a more exalted plane and distinguished gentleman from Minnesota, the able pioneer-! do W:h? claim to be infallible, spotless, pure, and clean and above sus not know whether or not he is the pioneer principe but he is one piCIOn, regardless of the bellowing Texas steer prodding them in of the pioneers of this legislation-I do not kno~ whether his the back, the cotton-seed industry of the South the thousands of conscience would allow him to accept a retainer from one of these ~olla~s employed to defeat this bill, the 5,492 fraudulent dealers notorions.manufacturers of oleomargarine or not. I know when m this country, the 28 oleomargarine manufacturers with all their I am in the law business I am there to take care of the interests influence and the millions of dollars bac],r of them hammering at of the people who retain me, just the same as when I am here I the doors of Congre. s, and so earnestly pleading that this gigantic am here to legislate as I think best for the people of the United fraud ma-y- be continued and perpetuated; and that a.ll of these States according to my convictions on such legislation. [Ap- powerful influences have not apJ?Sal~d to their SYJ!lpathy, and that plaUBe.] . they ~bsolute~y occup~ and mamtain an unpreJudiced position, Mr. Chairman, if this bill is passed by Congress a general invi n~tWithstandmg these mducements and influences brought to bear tation will be extended to every class to come here to the doors With so much pres3nre. of this House and demand legislation beneficial to that class and Oh,, my frien~s, we~ r;ni~ht you have spare~ yourselves and your destructive of every competitive class. If the lobby is strong consti~nents t~Is ~umiliation. You better discuss the merits and enough, if the spies are watchful enough, if the fears of the N a dements of this bill rather than engage in personal insinuations ti?nal Legislature can be played upon strongly enough, nothing and abuse. There is an old ma:rim that "people living in glass will prevent the passage of a flood of such bills as we have pre ~o~ses sh?uld not throw. stones;" and it is a well-known fact that self-praiSe bears no weight." Yon have my sympathy. Your sented here. There is an old principle, dear to the heart of every lover of the abuse.a:t;ld ener~ has been all in vain. The friends of this bill traditions and beliefs of the party which I love, and that is," That are willmg that 1t should stand upon its merits and I trust that government is best which governs least." ~he opposit~on will consider it in this light. If'so, I think there J;et us pause in our mad :ush to accede to the clamor for legis IS no question as to the result. lation, let us carefully consider every measure presented to us in The bill c?mes before yon back~d by a majority of the Agricul this House, and let us so hold the balance that justice will be !m"e Co~tte~12 to 5; by prac!Jcally 5,000,000 families·engaged done, that freedom will be extended to all in the great field of m the darry busmess, ~nd, I believe, by a large majority of the production and trade. Le us encourage honest endeavors in 76 ,000 000 people; certainly by a large majority of the consumers honest enterprises, and let us discourage appeals to the National of. butter; at lea.st by those who have looked into the merits of Government on the part of tho e engaged in one industry for a this measure, and who understand the bill. measure which will be destructive of the rights, occupation, and ~t ~as t~e indorseJ?lent, I believe, of every food and dairy com property of those engaged in another industry. Let us not turn ~swne:r m ~he Umted States, and nearly every editor and pub the balance in favor of the producer and against the consumer lisher of agncultural papers. Representative men and women of a necessary article of food. [Great applause.] have appeared before our co:miDttt3e he~rtily indorsing the bill, Mr. WM. ALDEN SMITH. Mr. Chairman, I desire to have sue~ as Mr: Jones, repre~entin~ the Nati?nal Grange, an organi read by the Clerk the telegram which I send to the desk. ~ation of tb.ll:ty-five yea;s standing, and With subordinate branches m 40 Sta~es m the Ulll:on, a membership of more than 500,000; The Clerk read as follows: Mrs. S~.th, represe~ting the W?men's I.J;tdustrial Association; LANSING, MICH., February 5, 190S. each ~oicm~ the senti.J;nent of theu respectwe organizations, and To CHAIRMAN MICHIGAN CONGRESSIONAL DELEGATION, Washington, D. 0. speaking With authonty; General Grout an e.nnember of this Following passed unanimously to-day at State Dairymen's Association ~ouse and author of the Grout bill; exgov~rnor Hoard of Wiscon meeting at Lansing: sm; Mr. Adams, food commissioner of Wisconsin appeared in be "Whereas the sale of oleomargarine as butter has in the past and does j.n of the food commissioners of the different States· Secretary the present defraud innocent consumers and unjustly injm·es the legitimate h~ business of the dairymen: K~ght, · ~f the ~ational J?airy Union. All of whom ~re person~ "Resolved, That the Michigan Dairymen's Association approves the bill now of mtegnty, high standing, and representative people of this i902. CONGRESSIONAL RECORD-HOUSE. 1529
country, and who zealously and earnestly recommend the pas monial market, for matrimony has declined 60 per cent in the States of New York and Ma.ssachusetts alone by bachelors who are able to maintain and sage of this bill. sup~rt wives and families. Thirty-two per cent of the nonmarrying men In this connection I ask the privilege of incorporating in my res1de in the country and rural districts. I attribute this decrease in matri remarks a statement of Mr. Aaron Jones, master of the National mony by farmers largely because women are no longer a necessary adjunct to the farmer lads to help them create wealth, owing to the existence of the Grange and a member of the legislative committee (p. 243, hear- oleo-cotton-oil-soap-fat combine, which has thus deprived many women and ings of com.): - girls of legal providers and tO,OOO,
1530 CONG_RESSION AL RE.CORD-HOUSE. FEBRUARY 10,
to their business and leave politics to take care of itself, except Mr. BURLESON. We all know that. Now will you permit to exercise their duty and rights as citizens. And the unscrupu me? lous corporations and individuals, through their agents, often Mr. HAUGEN. I have only an hour. shape and manipulate politics, conventions, etc. Mr. BURLESON. I would like you to answer one short ques My experience has been that when you fight fraud and steals tion. you run up against the real thing. In my legislative work I have Mr. HAUGEN. I will answer any ques,.tion. had some experience along these lines. I had the honor and pleas Mr. BURLESON. And you can answer it yes or no. Did a ure of aiding in dealing the death blow to an institution in my single person appear before the Committee on Agriculture de State, organized, I believe, for no other purpose than robbery; and manding the enactment of this bill who spoke for the consumers we felt more or less elated over the results, and of course I felt of oleomargarine? That can be answered yes or no. that my actions had been such as to waiTant me in asking for a Mr. HAUGEN. Well, I am not sure whether anybody ap renomination and reelection, which I did, and had a very inter peared. before the committee directly for the consumer of oleo esting campaign. No sooner had I returned to my home than I margarine. I could not answer that question at this time. found agents were traveling over my district to teach those in Mr. BURLESON. As a matter of fad, they did not. telligent people how to vote who I suppose were capable of decid Mr. HAUGEN. Mrs. smith and Mr. Jones voiced the senti ing for themselves who should represent them. ments of those people, and I believe they knew the facts. Mrs. What occurred then I expect to occur again; in fact, I am not so Smith stated that the people whom she represented were consum sure but it has already been manifest. ers of butter, and that she was. However, this is immaterial. My friends, as before stated, it is not the dairymen who are The purpose of this bill is to suppress fraud. sending out agents inviting men to Congress who will do their The friends of this measure charge oleomargarine with fraud, bidding and serve their purposes; and in connection with this deception, and imposition-a charge which no man on this floor statement let me say to you that undoubtedly we all have in our or elsewhere will, can, or dare deny. Even the eminent gentle districts men whose heart, soul, body, and brains are permeated man from Ohio [:Mr. GROSVENOR], whom everyman on this floor and dominated by egotism, and whose heads are bursting with respects for his integrity, sound judgment, and profound wisdom deceit and conceit, and who are naturally inclined and disposed has admitted that fraud is being perpetrated all over the land but to close their ears and bigoted eyes to everything and anything, only by the so-called dishonest farmers who buy oleo and s~ll it regardless of justice and public welfare, except when their nose for butter. Well might he have added 1,005 dealers in his own is glued onto a piece of trickery, jobbery and fraud, illuminated State, selling 8,830,960 pounds of oleomargarine made in imitation and magnified with cold cash, and who possess1 a burning heart to of butter, sold in 1899, every pound of it in violation of the laws relieve you and me. of his own State. Well might he have added 2,020 dealers in the These men are not sought by the dairy people. They are sought State of Illinois, selling 18,638,921 pounds of this same coun by the dishonest and unscrupulous corporations and individuals terfeit. who have an ax to grind or something at stake, or something to Well might he have added three dealers selling 79,000 pounds ask, or that their schemes and frauds may be guarded and per in my own State, and well might he have added 5,4:92 dealers sell petuated; but, my friends, be not alarmed. I, in my humble ef ing 62,825,582 pounds of yellow oleomargarine in the United States forts, have survived, and you have nothing to fear. Vote your contrary to the laws of the several States, for the gentleman well convictions; stamp out this gigantic fraud and deception; satisfy knows that 32 States, representing, according to the Federal cen your conscience; go to your people with a clean hand, and your sus of 1890, a population of 50,117,4:4:0, or about five-sixths of the rewards will be many. If not on next election day, it is sure to total population of the United States, have enacted laws abso come, sooner or later. If not before, you will receive your reward lutely prohibiting the sale of yellow oleomargarine. Yet we find on the day beyond; and I predict for you a pla~e in the front according to Secretary Gage's report in response to a resolutio~ ranks of those 5,000,000 dairymen in the grand march, passing passed by this House the first session of the Fifty-sixth Congress through the pearly gates into a region where no oleomargarine is that 5,4:92 dealers were engaged in the selling of this counterfeit' offered for sale, certainly not unless it is sold for what it is. And and that in violation of the laws. According to Secretary Gage'~ you and your posterity will have the satisfaction of you having report during the fiscal year ending June, 1899, 62,825,582 pounds aided in restricting and suppressing this infamous fraud and de of yellow oleomargarine made in semblance of butter was sold by ception, and in preventing these 5,4:92 fraudulent dealers from the 5,4:92 dealers~ these 32 S~a~s, while 1,501 dealer~ sold only thrusting 62,000,000 pounds of oleomargarine down the throats of 16.860,141 pounds m the remammg 20 States and Temtories. millions of unwilling consumers every year. Well did the gentleman from Ohio know that the sale of oleo Now, Mr. Chairman, as I said, this is not a new proposition. margarine in Ohio is permitted only when free from coloring It is a proposition which has been before Congress for a great matter or other ingredients to cause it to look like butter and many years. It is not a new-born babe ushered into this House; made in such form and sold in such manner as will advise the con it is the same old bedfellow. It is one which has been carefully sumer of its real chara~ter, and that the 8,830,969 pounds of yel considered by the Committee on Agriculture a committee of low oleomargarine sold by the 1,005 dealers in his State in 1899 which I have the honor of being a member in this and the Fifty was sold contrary to the laws of his State. sixth Congress. This committee in the two Congresses has given In my State we have a drastic law absolutely prohibiting the extensive hearings-yes, for days, weeks, and months-and have coloring of imitation butter or cheese. It provides" that every given it the most careful consideration. package shall be plainly marked ' Substitute for butter' or 'Sub It is one that has received earnest consideration by the Ameri stitute for cheese,' and each sale shall be accompanied by a verbal can people: one that has been thoroughly discussed, and I believe notice and a printed statement that the article is an imitation it meets with the approval of 90 per cent of our citizens. There * "' * giving the address of the maker; and that the use of is no question in my mind but that it meets with tlie approval of these imitations in hotels, bakeries, etc., must be made known by 99 per cent of the butter consumers of this country, and certainly signs. Nevertheless, as shown by Secretary Gage's report, I find by those who understand this bill. It is true, my friends, that that tbree dealers sold 79,922 pounds of yellow oleomargarine in this bill comes here backed by the 5,000,000 manufacturers of the year 1899 in my own State, every pound of it sold in violation butter, as shown by the thousands of petitioners. of the law; and every pound thus sold displa~ed a pound of but It is true that Mr. Jones appeared before us as the representa ter and robbed the dairy producer of his legitimate market. tive of the National Grange, speaking with the authority of In the State of Wisconsin, notwithstanding the law prohibiting this organization, an organization of thirty-five years' standing, the sale of oleomargarine made in imitation of butter, and permit with subordinate branches in 4:0 States in the Union, and with ting the sale of oleomargarine only when it is free from color or a membership of 500,000 people. Mrs. Smith appeared before other ingredients to make it look like butter, we find 23 dealers that committee and spoke with authority for the National selling 714:,743 pounds of yellow oleomargarine in violation of Women's Industrial Association of the United States, voicing its the laws of that State; and so on until you find 5,4:92 dealers sell sentiment. One hundred and thirty-six editors and publishers, ing more than 62,000,000 pounds of yellow oleomargarine in the including nearly every agricultural paper of any prominence in 32 States which have enacted laws prohibiting its sale; and this this country, with a combined circulation of 3,651,000, have peti out of a total product of only 83 000,000 po1mds. Hence we find tioned for its pa sage. that six-eighths of the total produce was sold in violation of the This bill was reported by the Committee on Agriculture a year laws of the States. Well did these distingui hed gentlemen from ago, by a majority report. It was made a special order in this the State of Illinois, who have so strenuously oppo ed this meas House, and passed by a two-thirds majority, and I trust and be ure, know that the laws of their State provides that imitation lieve that a large majority of this House will give it their hearty butter shall not be colored to resemble butter: and well did they and loyal support. know that these 2,020 dealers sold 18.000,000 pounds notwith Mr. BURLESON. Will my friend permit me? standing their State laws. So there can be no doubt but that gross Mr. HAUGEN. Let me finish my statement. So, my friends, fraud and deception is and has been perpetrated. This, however the bill is here; it is here with a record, and it is here with friends is generally conceded, and the only question is as to the percen~ to back it, though it has some foes. age of fraud. I hold that 75 to 90 per cent of the product of 1902. CONGRESSIONAL RECORD-HOUSE. .1531 oleomargarine is sold in open violation of the law; sold for pure was sold for. What is true of these 20 dealers whom I called butter, at butter prices, and consumed as butter. upon I take it is also true of every other dealer in the city, as The question was asked yesterday, '' What is the attitude of the well as a large number of dealers in other parts of the State ar.~ laborers toward this bill?" :My answer is that the laborers, yes, in other States of the Union. the men who earn their bread by the sweat of their brows, are In addition to this, I wish to read to you from a letter from a entitled to protection against fraud, deception, and imposition, retail dealer's clerk in Chicago to the secretary of the National and are entitled to as good butter as anybody, and they have as Dairy Union: much right and interest in this bill as anyone, as they are the During the past twenty-two years I think I have worked in nearly every ones who are generally imposed upon through its fraudulent sale. first-class gJ.'ocery in Chicago, and I can truthfully say that eight out of every ten have been and are still selling bntterine for pure butter. I recently was The wealthy families and first-class hotels as a nue do not buy employed in one of the largest groceries and markets on one of the most their butter directly from these unscrupulous dealers, but buy prominent streets of the city. During the timB I was employed there we directly of the fancy creameries or their agents, and exercise pre never sold one pound of butter for we never had it in the house to sell. We clerks would talk among ourselves about it, and would often compare notes caution in buying and in seclll'ing pure butter, while the laborer with other clerks, and to satisfy myself I made quite a canvass of all the buys from the retail dealer, who palms off this counterfeit for stores in the mile and found not one that did not impose on its trade. butter and at butter prices. This man was in a position to know of what he spoke, and in And I venture the assertion, without fear of successful contra view of what I know of the situation I have no doubt but what diction, that 75 per cent of the 8,000,000 pounds sold in Ohio and every word of it is true. Let me read to you extracts from let the 18,000,000 pounds sold in illinois was sold to the laborers in ters sent out from the manufacturers of oleomargarine to their those States. No, it is not the laborers who would be benefited retail dealers. I read to you a letter signed and sent out by Wil by you encoumging and bolstering up this gigantic fraud; it is liam J . Moxley, Chicago, one of the largest manufacturers of oleo the pockets of the unlawful and unscrupulous dealers throughout in the United States, under date of August 2, 1899. First, the let the country. ter calls the retail dealer's attention to two circular letters sent :Much has been said as to the State of illinois. It has been out by Hugh V. Murray, an attorney for illinois Dairy Union, alleged that in that State-in the city of Chicago more particu and one by C. Y. Knight, a gentleman who is well known by a larly-that the State laws are being violated and that colored large number of us, one who has persistently, earnestly, and effect oleomargarine is sold in defiance of the law. To satisfy myself, ively labored for the dairy interests of this country and to whom upon my trip home during the holiday recess I stopped off at the much credit is due. :Mr. Moxley, after paying his compliments city of Chicago with the view of ascertaining whether or not this to these gentlemen, makes this statement: were true. With the hired attorney, who is earning his fee, we have nothing to say, I went from place to place where butter was supposed to be sold only to inform you that these gentlemen are trying to ring in a bluff. You inquiring for pure butter. In most cases I inquired for the best will notice in their circulars that by insinuations they would have people be- creamery butter, and purchased some 20 pounds in the 20 differ lieve they represent some official authority. The Internal-Revenue Depart ment looks after their own business and the State after theirs, and should ent places. I had some doubt whether or not these were the this so-called dairy union interfere with your business in the way of prosecu genuine article, not that I had any reasons to believe that the au tion as to the State laws, we hereby guarantee you protection to the extent thorities of the State of illinois were negligent in enforcing the of paying all fines, costs, etc .• until the color law is decided unconstitutional in the supreme court of the State of illinois, and will further, on receiving. laws, but upon investigation I found that creamery butter was complaint, take such action for damages as will make it unpleasant for some selling wholesale at 25 cents, and found that the retail dealers ad of t.hose who are attempting to interfere with your and om· own legitimate vertised and sold what they called the very best creamery butter business. for 22 to 24 cents per pound, or about 2 cents per pound less than We* strongly recommend* * yon to pay* no attention* to those* circulars.* We the actual cost of butter. To make it an absolute certainty, upon have always been in a position to protect our customers from injustice and my return to Washington I sent a part of 10 packages to Dr. H. W. blackmailers, and will be ever at your service should yon require our aid. Wiley, chief chemist of the Agricultural Department, requesting Respectfully, yours, · him to make an analysis of the samples supposed to be butter; WM. J. MOXLEY. and I hold in my hand the report giving the results of his analy Braun & Fitts sent out the following letter at about the same sis, which I wish to have incorporated in my remarks. ~e: . UNITED STATES DEPARTMlli"'IT OF AGRICULTURE, Every licensed bntterine dealer in Chicago has received circular letters BUREAU OF CHEMISTRY, OFFICE OF THE CHIEF, from the secretary and attorney for the Illinois Dairy Union, promising all W ashington, D. C., January 16, 1903. sorts of trouble to dealers in bntterine (that honest and pure article of food). Hon. G. N. HAUGE:N, Well, now, don't you believe a word of it. There is a law against blackmail House of Representatives, Washington, D. C. ing, and we want now and here to ~o on record to the assertion, as an a:ffi da vit, that we shall civilly and criminally prosecute any man or party of men DEAR Sm: In harmony with yonr request of the 9th instant, I have made interfering unlawfully with the butterine business in this or any other State. an examination of the samples ot supposed butter which you sent, marked 1 We know exactly where we stand: we are properly advised on the subject, to 10, inclusive. The analytical data obt..
We can give you just what you want at all seasons if we know your re and claimed this was real creamery butter, but every pound of it quirements. As an example No.1 has no coloring matte!', No.2 a little col oring, and so on to No. 8, whlch is the highest-colored goods we turn out. was oleomargarine. Preserve this card, order the color you want by number, and we will send Mr. SIMS. Was that the best they had? . you just what you want. Mr. HAUGEN. I called for the best they had. It is an abso Yours, truly, W. J. MOXLEY. lute fact that it is almost impossible to buy a pound of butter in The language used in this' circular letter is explicit, and there the city of Chicago. Ninety-nine times out of one hundred they can be no doubt as to its meaning. sell oleomargarine for butter. Notwithstanding these startling facts, the distinguished gentle Mr. SIMS. They seem to like it. man from lllinois, after his elaborate remarks in opposition to Mr. HAUGEN. Eighteen million pounds of it is crammed this bill, asked the question, "How much of this oleomargarine is down the throats of the people there, and the most of them are sold in violation of the law?" H he will take the trouble to ascer unwilling consumers. tain the facts he will find that 99 out of every 100 dealers in Chi Mr. MONDELL. It is practically impossible for a person to cago are to-day selling and have for years sold oleomargarine and distinguish between oleomargarine-and butter, as I understand. nothing but oleomargarine, all being sold for pure butter; and it is Mr. HAUGEN. I think so; that is, when oleomargarine is a positive fad that a pound of pure butter can hardly be purchased made and colored in imitation of butter. A counterfeit green.. in that city. In view of the fact that fraud and deception is being back may be so made as to be almost undistinguishable from a perpetrated, and in view of this report, made by Chief Chemist genuine note. Wiley, containing analytical data of oleomargarine bought for Mr. MONDELL. It seems to me a rather extraordinary figure butter, and which discloses the fact that every pound of it was of speech for the gentleman to say that a great deal of oleo oleomargarine and every pound was colored in imitation of margai"ine is crammed down the unwilling throats of the butter-- American people. Mr. BURLESON. It took an expert chemist to decide it. Mr. HAUGEN. They buy what they suppose to be butter, Mr. HAUGEN. It did not; I knew it was oleomargarine. and they receive oleomargarine. They do not receive what they Mr. TAWNEY. It takes an expert to determine counterfeit call for. , money. • Mr. FLEMING. Allow me to ask whether the price of dairy Mr. HAUGEN. Now, every pound of that was bought by me butter on the market has gone up or down since this bill was be as pure butter, and every pound sold was sold for pure butter, fore the House the last time? and every pound displaced a pound of butter and robs the legiti Mr. HAUGEN. Oh, the price of butter is going up and mate consumer or producer of butter of his market. Now, what down every year; I can not answer that question. is true of these 10 packages I hold is true of the 22 packages, and Mr. SLAYDEN. Is it not higher now than it was a year ago? what is possible in the city of Chicago lf! also possible in the State Mr. HAUGEN. Certainly, and it ought to be; everything of Illinois, and what is true as to the State of lllinois is true in else is higher now. every State in the Union. But, Mr. Chairman, this violation of law is not confined to the Mr. SNODGRASS. Will the gentleman yield to me for a ques State of illinois alone. Take the great State of Wisconsin, a tion? State which is so ably represented upon this floor, and which is so . Mr. HAUGEN. I will. ably represented upon our committee in the person of Mr. DAHLE, Mr. SNODGRASS. You speak of having purchased oleomar a gentleman of large experience and practical knowledge of gai"ine when you called for butter. Does the gentleman believe affairs, who has given this subject his untiring energy, thought, that if the substitute bill should become a law that would be and attention, and to whom much. credit is due in behalf of this possible? legislation-a great State where, we are told, the law is being Mr. HAUGEN. That would open the way for fraud in every enforced as well as it can be by human beings, and where the State in the Union, notwithstanding the laws of the State. If it matter of enforcing the law is not in the hands of officers who is the purpose of this House to open the gate to wholesale fraud are negligent in their duties, and where they have no corrupt and deception, then I say let my friends adopt this substitute. courts. I had occasion to visit Milwaukee and Racine, and while But if it is proposed by this House that this fraud should be re there I purchased a few pounds of oleomargarine. U pan my re stricted and suppressed, then I say vote for the majority bill. turn I sent four of those packages to the same chief chemist Mr. SNODGRASS. Thegentlemandoesnotbelievethatif Con with a request that he anaJyze the packages and report-a report gress should pass a law requiring the retail dealer to sell oleomar which I hold in my hands and which I ask to have incorporated garine with the name stamped into the product, with the stamp in my remarks. on the outside of the package- UNITED STATES DEPARTMID-i"'T OF AGRICULTURE, Mr. HAUGEN. My friend knows that there is nothing in the BUREAU OF CHEIDSTRY, OFFICE OF THE CHIEF, substitute bill that would prevent the hotel keeper or the restau Washington D. C., Jan:u.a11116, 190!. DEAR Srn: In harmony with your request of the 9th instant, I have made rant keeper - an examination of the. samples of supposed butter received from you labeled Mr. SNODGRASS. I say with the name stamped into.the ill, 2R, 3R, and ill. The analytical data follow:. . . . product and with the revenue stamp on the outside of it-- :Mr. HAUGEN. I wish to state to the gentleman that I have 4R. ______.I __IR__ only one hour of time. I wish to say that there is nothing in the ._ I~~ substitute to hinder any hotel keeper or any restaurant keeper shav Per cent of water------.------7. 95 9.87 5. 76 13.32 ing off the word " oleomargarine " impressed in the article and Per cant of fat_-----.------·--- ...... _____ ----- · 85.19 85.26 90.66 82.61 serving it to his boarders for pure butter. The gentleman knows Per cent of curd_ ------_------·----- ~ 1.19 .91 .84 1.75 that the largest portion of the article is disposed of in that way. P er cent of ash ___ ------.------..••.• ------5. 67 3.96 2.74 2.32 Reichert-Meiss No·------· 2 L05 28.50 2 Mr. SNODGRASS. Will the gentleman state whether or not, Refractive index at 25°------60.5 61.8 50.6 56.9 in his opinion, it will prevent the retail dealer from practicing such frauds as was practiced upon him? From the above data, it is seen that only one of the samples, viz 3R is Mr. HAUGEl~. Oh pos ibly it might, but it is safer to leave genuine butter; all the others are oleomargarine. In regard to oolori.ng m_atter, all are colored :wJth a yellow coal-tar dye; SR, however, has only a these matters to the several States of the Union. slight amount of colorrng matter. The other samples are all heavily col Mr. SNODGRASS. I think so, too, and after the disposition of ored. Under the head of ash is given the mineral constituents of these 't to the retail dealer we will leave it to the States. samples almost all of which is common salt. Trusting that you will find the above data satisfactory, I am, Mr. SIMS. I would like to ask the gentleman from Iowa a Respectfully, question. H. W. WILEY, Chief. Mr. HAUGEN. Very well. Hon. G. N. HAuGEN :M:r. SIMS. What did the gentleman pay for the 22 pounds of House of Representatives, Washington, D. C. butter, buying it a pound at a time? ·I find according to this report made by Mr. Wiley, that 3 out MJ.·. HAUGEN. That is how I knew it was oleomargarine. I of those 4 pounds were oleomargarine-every pound colored in found butter that day was selling at wholesale for 25 cents a imitation of butter. and a deep color at that-every pound sold in pound. I found dealers advertising and offering to sell the best violation of the law. creamery butter for 23 and 24 cents a pound. Oleomargarine So the question is not before this House whether a fraud is or is sold then for about 1 or 2 cents less than the actual cost of but- not being perpetrated. The question is as to the percentage of ter and there was one thing certain, and that was that the prod- fraud, and the percentage can be no less than 80, and in some in- net' wa!' counterfeit. stances it may exceed 99 per cent. Mr. SIMS. Then the gentleman was not fooled; he knew it by Now, a word as to its ingredients and whether or not oleomar- the price. [Laughter.] garine is a wholesome, palatable, and a nutritious article.· I am Mr. HAUGEN. I had a grave suspicion. [Laughter.] not a chemist, and do not care to express an opinion upon this Mr. SIMS. In the 22 places that the gentlemen went did they subject, but I will incorporate in my remarks extracts from Gov- not offer to sell him real creamery butter? ernor ~oard's statement made befo~e our commi~tee. Governor Mr. HAUGEN. They offered to sell me real creamery butter, Hoard lB a gentleman of large e.xpenence, a practical man. broad 1902. CONGRESSIONAL RECORD-HOUSE. 1533
and fall: minded, absolutely reliable, and one whose integrity and on the Brighton road, which fat was used in the same manner as the scraps from the hotels and restaurants. And what I saw with my own eyes at this judgment can not be questioned. place is well known to the employees and workingmen in that neighborhood, Dr. Schweinitz, of the Agricultural Department, in making an inspection and the subject of common discussion throughout that locality. Iha.veaclose of oleomargarine factories and abattoirs several years ago, told the secretary relative employed in one of these concerns right now, and he knows all about of the dairy union that he saw a pile of restaurant and meat-market refuse the business from a to z. upon the floor of an oleomargarine factory then located in Pennsylvania, and Dr. De Schweinitz, of the Agricultural Department, in his visit to a factory that he was informed by those in charge that the better quality of this refuse which was several years ago located in Philadelphia, found the same condi fat was used for oleomargarine and the relilll.inder for soap grease. J. S. Igle tion of affairs. Oleo oil was being made from a pile of fat scraps collected hart, Baltimore's superintendent of stre~t cleaning, in an interview ;published from the hotels, restaurants, and butcher shops, which pile gave out suc.h an in the Baltimore American August 17, 1900. is reported as follows, m connec odor that it was sickening, and the makers admitted it was being made into tion with a tour he had made in search of a plant for the proper disposition oleomargarine. The same thing was found by a reporter of the Newark of Baltimore's garbage. Advertiser early in January of this year, when he stumbled onto a rendering "Mr. Iglehart further explained that many of the garbage contractors in establishment near that city that was doing the same thing. other cities made a profit out of the refuse by separating the oil, etc., from But it is easy to prove oy statistics whicQ. are indisputable that every the garbage. In addition to the oil, which is always marketable at fair prices, kind of fat and scrapa are being used in the manufacture of oleo o~\ which there is a lot of fertilizing material in the general product of the plant. • One goes later into oleomargarine. The makers of oleomargarine claim umt the man in the West told me that he knew of an instance where butterine was carcasses from which their fats are taken "are killed under the supervision made from the oil that was extracted from the product of his plant,' said the of the Government," hence perfectly wholesome and healthful. This is their commissioner. • I did not see any of the butterine, and do not believe that I strong argumentr-"all oleomargarine made under the supervision of the would very much relish it if I knew that it was made from street ~rbage, Government." '· but I was told that it was an absolutely pure article of food, and qrute popu lar. It was, of course, sold as butterine, and I doubt very much whether the Now a word as to the word "yellow;" whether or not the so purchasers knew anything of its origin; otherwise I do not believe that it called " Grout bill " shall be amended by inserting the words would be so popular. "yellow butter" in place of the word" butter." As to this "'Anot.hercontractorshowedmeajugcontainingsomeofthewaterthathad been extracted from the refuse. It was the purest looking water I ever sa.w, proposition there has been some difference of opinion among the but I did not care to drink any of it. The gentleman told me that he was con dairy people. In my opinion this is a dangerous word to use. If ducting an experiment. I took his word for it and begged off from sampling it should go into the bill it seems to me it would open the gate to the stuff. Every time I ate butter or drank water in that city I thought I was tasting garbage.' " wholesale fraud and deception. By inserting this word we fix a. It has been frequently charged that the fat from horse butcheries is made standard by which manufacturers and dealers may color their up into oleo oil, and also that fats taken from animals which have died a nat substitute. If we use the phrase ''made in imitation of butter '' ural death of disease have also been so utilized. While we have not spent time and money seeking evidence of these things it covers all shades of butter which are yellow, varyj.ng accord for the reasons stated, I desire to lay before you for your own mature consid ing to the different seasons and the feed given the cow, and there eration the fact that in no othei' way can we account for the production of the can be no question and nothing to quiver over by any jury or amount of oleo oil that is consumed and ex~rted in this country. During the fiscal year of 1899-1!XX> there were, according to the Troo.sury Department court. And in the light of experience this seems to be a danger reports, H2,(XXUXX> pounds of oleo oil exported fi•om this country. The same ous word to use. In the State of Illinois, where they have enacted Department shows that in the same year 2-l,(XX),(XX) pounds were used in the a law prohibiting the sale of oleomargarine made in semblance manufacture of oleomargarine in this country. This is a total supply of 166,COO,(XX) pounds for the year. of yellow butter, we find from Chemist Wiley's and Secretary Now, where did this come from? How much oleo oil do cattle make per Gage's reports that they are selling colored oleomargarine under head? this law. The statement made before the Senate Committee on Agriculture in 1886 by Elmer E. Washburn, a live-stock dealer in Chicago, showed that from We also find the same thing existing in the State of Wisconsin, 148,893 head of cattle slaughtered in that city by one of the largest packing a State which also prohibits the sale of oleomargarine made in concerns there was an average of 61.5 pounds of fat in those animals u.~d · in semblance of yellow butter. Notwithstanding, the colored oleo oleo o~~ and that those 61.5 pounds made 28.1 pounds of oleo oil, which goes to prove umt there is less than 1 pound of oleo oil to 2 pounds of fat. If there margarine is being sold in that State, as is shown by SeCI:etary were 28.1 pounds of oleo-in ea.ch of the 5,(XX>,(XX> head of cattle-slaughtered in Gage's report, and this report made by Mr. Wiley, which show~ this country during the same year, this would account for only 140,(XX),(XX) of that of. the four packages-purchased by me in Racine and Wiscon the 166,000,(XX> pounds in sight. This le&ves.24.,0CXl,(XX) pounds to be accounted for. But the oleo people, in all their declarations to CoJ?-jP'eSS and manifestoes ·sin, only one was genuine butter, all the others were oleomarga to the public, cl.a.im. that only the finest caul fa.t of tne steer is used in the rine and all were colored with a yellow coal-tar dye; and, mark manufactursof oleo~e. Experiments made by our present Secretary you, colored very heavy at that. If it is possible for the oleomar - of Agriculture while-dean o'i' agriculture of the Iowa. College showed that in 00 steers averaging in weight 1,508 pounds there was an average of but 37.66 garine dealer to· sell· his. colored. oleomargarine in the States of lJOnnds of caul fat. illinois and Wisconsin under the drastic laws enacted in those .As it is well kn
--
manner as though such article or substitute had been produced to 35 cents per pound; oleomargarine selling for from 10 to 12 in the State. This section does away with the effect of what cents per pound; that is, when it is sold for what it is-a differ: is known as the "original-package law," and, as interpreted enceof from 11 to 23 cents per pound in the cost of the two articles in the case of "Leisy v. Hardin," where it was held by the Su is an incentive to the dealer to palm off the cheaper article for the preme Court that a carload of beer in cans, which was shipped more costly one. With the manufacturers at his back offering to
from the State of Illinois into the State of Iowa, could be sold by defend him in the courts and pay the fines if convicted1 and the the shipper or consignee in the State of Iowa in the unbroken enormous profit, the temptations overcome the dealers, the laws " original packages" notwithstanding the laws of Iowa, which are violated, and gross fraud is being perpetrated all over this prohibited the sale of beer and making it a criminal offense to sell. whole country. The consumer buys this counterfeit at butter The courts have held that in the absence of Congressional per prices, and eats it as pure butter, being both deceived and im mission to do so the State had no power to interfere by seizure or posed upon by the unscrupulous dealers. By increasing the tax any other action in prohibition of importation and sale by the for 8 cents per pound on oleomargarine made in imitation of butter, eign or nonresident importers. In view of these decisions, it was the incentive for fraud is removed; if not in full, at least in part. thought best to enact into law the principles laid down in the so SEc. 4:. That wholesale dealers in oleomargarine shall keep such books and called "Wilson bill," which provided that intoxicating liquors render such returns in relation thereto as the Commissioner of Internal became subject to the local laws when they were shipped into any Revenue, with the approval of the Secretary of the Treasury, may, by regu lation, require; and such books shall be open at all times to the inspection of State or Territory, and which has been sustained by the United any internal-revenue officer or agent. And any person who willfully vio States Supreme Court in the case of Plumley v. Massachusetts lates any of the provisions of this section shall for each such offense be fined (155 U.S., 462), in the Justice Harlan decision. It was held in not less than $50 and not exceeding $500 and imprisoned not less than thirty this decision by the Supreme Court that oleomargarine .colored days nor more than six months. in imitation of yellow butter and shipped into Massachusetts, a Section 4 is verbatim the act of 1896, except the penalty clause, State which had a statute pTeventing absolutely the manufacture and nobody doubts the advisability and necessity of this amend and sale of oleo shipped into this State from another State, be ment. came subject to the laws of Massachusetts on its arrival in the Another suggestion and I am done. In the United States we State, but permitting the manufacture and sale of oleo free from have more than 5,000,000 families engaged in the dairy business, coloration or ingredient that causes it to look like butter, and not producing more than 2,000,000,000 pounds of butter, valued at in conflict with the interstate-commerce clause of the Constitu more than $500,000,000. In the State of Iowa we had a year ago tion, where the laws of Massachusetts permitted the manufacture 994 creameries, with an average investment of 3,000 each. mak and sale of oleo free from coloration or ingredient that causes it ing a total investment of $2,982,000; while there were 1n th13 to look like butter. United States at that time 26 oleomargarine manufacturing plants, Or, in other words, the first section provides that when the coun with an estimated average investment (based upon mercantile terfeit substitute is taken into a State or Territory it shall be sub agencies' reports) of $25,000, or a total of $650,000. Since then ject to the laws of the States and Territories concerning such two have been added, and if the same average investment applies substitute. to these two factories we have at this time a total investment of This section is identical with the first section of the H Grout $700,000 in oleomargarine manufacturing establishments, which bill," which passed the House in the last Congress. There can would be less than one-quarter of the amount of money invested be no objection to this section; it seems absolutely fair and safe in creameries in the State of Iowa alone. However, I understand to leave the regulation as to manufacture and sale of this article that the amount invested is much greater now, and probably to the several States. equals the amount invested in creameries in Iowa. SEc. 2. That the first clause of section 3 of an act entitled ".An act defining Thirty-two States, with a population, according to the Federal butter, also imposing a tax upon and re~ting the manufacture, sale, im census of 1890, of more than 50,000,000 people (now more than portation, and exportation of oleomargarme," be amended by adding thereto, after the word "oleomargarine," at the end of said clause, the following 60,000,000), or about five-sixths of the total population of the words: United States, have laws absolutely prohibiting the sale of oleo ".And any person that sells, vends, or furnishes oleomargarine for the use margarine; yet we find 5,492 dealers selling 62,852,582 pounds of and consumption of others, except to his own family and guests thereof, without compensation, who shall add to or mix with such oleomargarine any yellow oleo in those 32 States, out of a total product of 83,000,000 ingredient or coloration that causes it to look like butter, shall also be held pounds, while 1,501 dealers sold 16,860,140 pounds in the remain to be a manufacturer of oleomarg-arine within the meaning of said act and ing States and Territories. The manufacture and sale of oleo has subject to the provisions thereof." grown from the insignificant sum of 21,513,537in 1888 to83,000 000 This section defines the manufacturer. The committee, upon pounds in 1899, and to the enormous sum of 107,045,028 in 1900, investigation, and visiting establishments where oleomargarine and about 104,000,000 in 1901,againof about 500per cent in twelve was made, found that oleomargarine could be colored after it had years. Seventy-five per cent of this counterfeit substitute is sold been made. It was generally supposed that in order to color oleo and eaten for pure butter, and at butteT prices, and sold in defiance margarine it would be necessary to melt it; but upon investiga of the law. Public welfare demands the enactment of some law tion we found that it was not necessary to melt it, and that it that this gross fraud and deception that is now being perpetrated could be colored simply by working it over by hand, OT running may be suppressed and to protect the 5,000,000 producers of but it through a cylinder, or a machine made for that purpose, and ter, as well as the millions of consumers, and to give the con that the coloring could be added without much difficulty. To sumers the privilege and right to choose between the genuine prevent this coloring after manufacture, either by retail dealers) article and the unwholesome substitute. wholesale dealers, or hotel or restaurant keepers, the committee Iowa makes about one-tenth of all the butter made in the United recommends this amendment to the original Grout bill. And I States. In 1900 we shipped out of the State 5,280,715 pounds think there can be no question with the friends of this bill as to and in 1901 89,806,645 pounds; and it is safe to say that an amount the necessity of inserting this section: equal to this was consumed in the State. It is estimated that the SEc. 3. That on and after July 1, 1902, the tax upon oleomargarine, as pre scribed in section 8 of the act approved August 2, 1 6 !\nd entitled ".An act output of butter ~.that State alone amounts to $37,000,000 per defining butter, also imposing a tax upon and regulating1 the manufacture, year, and we are IDJured to the extent of from two to five million sale, importation, and exportation of oleomargarine," shall be one-fourth of d?llars ev~rJ:" year .b.Y this wholesale fraud an~ _ deception; and in 1 cent yer pound when the same is not made· in imitation of butter; but when made m imitation of butter, the tax to be paid by the manufacturer shall be Vlew of this rmpoSition we demand and are entitled to protection lQ 9ents per. pound, to be levied and collected in accordance with the pro as are all other producers of butter, and upon this subject w~ VlSlons of sa1d act. must have national legislation. Section 3 reduces the tax from 2 cents tot cent per pound on Experience has taught us that State laws are inadequate. The oleomargarine when the same is not ma Table showing thG !]ross pounds of butter shipped, etc.-Continued. I also submit a statement showing the States into which it was shipped, together with the number of dealers in each State and Coi.mty. 1900. 1001. the number of pounds so disposed of: Yellow oleomargarine sold cont1·ary to law in 1899. Jackson _...... ------.:.• -·-·------1,045,188 1,052,066 403,678 440,509 Num- Num- State. ber of Quantity State. ber of Qwmtity ======:::::::::::::::::::::::: 70,!m 79,810 dealers sold.. dealers sold. Johnson~~~ii: ------==~==::::::______::::::~ ------_____ ----- 86,488 1«,394 Jones . ______------______------1, 777,375 3,211,«4 Keokuk ------____ ------______------213,218 219,718 Pounds. Pounds. 2,070,859 2,W,718 Kossuth ------·- ______------.... ------.... ---- Alabama-·····---- 21 226,(X)3 New York-----·-- 14 222,788 Lee ..... ______------... .' ...... ------.---.... ------116,922 82,388 7,710 1 359,4.10 1,005,220 California------74,923 North Dakota---- 18 Linn---- __ .... ------·····------.------· ...•...•.... Colorado--·------95 1,123,537 8,83>,969 Louisa...... ____ .... ------.-----...... ------.---·- ' 39:737 Ohio ------1,005 Lucas. ______------...... ___ ... ___ . ____ ...... ___ _ 34,~ Connecticut...... 5 134,255 Oregon...... •..... 3 41,Zl>O 17,010 Delaware...... iS 40,475 Pennsylvania..... 717 11,4.~,341 «9, 772 396,858 Geor~ia. ----·-----· 61 495,004 South Carolina___ 24 258,159 ~ilison::::::::::::::::::::: ::::::::::::::: ~~~== ~=====: ::::: 64,970 62,682 18,638,921 South Dakota..... 4 55432 l'lfahaska. _.... _...... ----.... ---... -... -..... --·--· ---- 119,650 78,020 79,922 Tennessee...... 83 714:640 99,943 73,:m Marion ...... ------.•...• ------_ ..•...... ------_ .... . Kentucky~~~======...... 2,~217 1,400,577 Utah--····------·------8,450 MarshalL ...... : ...... ------...... ----·- 639,214 6«,932 100,274 2,990 53025 29,412 Maine. --···----·-- 17 V~~o?t·------1 Mills ...... •.•.•.•••..... ------.... Maryland------58 1, 791,950 V1rguua ....••.••• 121 1,159,400 Mitchell ------_____ ------...... ------.... . ----- 1,934:608 1, 740,367 Massachusetts ____ 108 2,083,889 Washington------5 63,345 Monona._ .....•...... _..... ------.... ______52,829 « ,577 Minnesota______00 1,343,865 West Virginia____ 172 1,206,865 Monroe_------··------.... ------6,452 m,292 165,901 Missouri...... :m 3,~,313 Wisconsin------~ 714,742 198,248 Nebraska·------73 1,024,985 ~~~:~_::::::::::::::::::::::::::::::::::::::::::::::: 127 586 93,914 New Hampshire.. 19 445,583 TotaL...... 5,492 1 62,825,582 O'B1'ien. ------__ .... ------·· ___ ..... ----.... ______----- 558:713 650 ,~22 New Jersey...... 296 5,875,975 Osceola. ______...... ____ ------.... ______------93,265 116,800 431,400 387,601 ~!foe .Ai~: :::::::::::::::::::::::::::::::::::::::::::::::::: 1,966,315 1,930,012 Oleomarga1-ine sold in States where legal to color. Plymouth------...... ------.... ------... . 796,800 785,742 762,00 514,028 Pocahontas ____ .•.... ------.-----. ---·-...... ------Num- Polk __ .. ______. _____ ••...... ____ ...... ------...... 714,498 450 361 ber of Quantity Potta.wattamie . ············--· .... --·-·· ------····-··- 688,245 766)19 dealers sold. Poweshiek ____ .... ------··· ·---· --·-·· ·----· ----•...... 401,871 408,773 ll1i1tl~~ty Rjnggold.... _...... •....•... __ -··· .... ----...... •.•..•• _ 53,996 119,727 ------: Sac---·_ ..... _..... ____ ...... •. _____ ..... _...... • -··-- 981,054 857,333 Alaska ______Pounds. Pounds. Scott ..... ___ •...... _.... ------______.... _ 282,787 :m,023 5 18,000 Mississippi______17 104,622 Shelby .... --~- ...... •...... •...... _ 643,222 814,697 Arkansas .....•.... 85 380,389 446,022 Sioux ...... •.....•... --- ____ ...... ------____ ...... _ 576,566 477,404 Montana------··· --·---- Arizona .•.••• ------5 78,767 Nevada.------••••.... 625 Story.-----.:.... -..... ------..... - 1, 791,868 1,571,909 District o! Colum- New Mexico------12 115,850 Tama.. _...•• ------•••...•••..• ------.------8M,289 747,528 bia..------61 816,848 North Carolina... 9 110,224 T aylor _....• ____ .... ------•...... •• ------62,829 167,222 Florida.------82 590,225 Oklahoma:______10 117,398 Union. _____ •...... ----- ...... ••...• ------____ ••.... 915,689 1,004,807 3 . 58 224 Rhodelsland...... ~ 3,594,~ 47,04{) 60,142 Idaho··-··------ Van Buren ...... •...•..•...... ----.....•...... Indiana---·--••..•• 006 3,923:228 Texas---··---···-- 162 1,518,264 Wapello----.....•.....•.....• ------ 323,691 216,485 Indian Territory._ 21 152,278 Wyoming------· 5 39,547 Warren _.....••....••....•..... ------•....••....••...... 35290 50,315 186 1,658,5« --- :---- Washington ...• ----.••••...... •.••.••..•••••....••••••. 348:60..4 346,500 ~=n&:::::::::: 140 1,043,502 Total.______1,501 1 16,860,142 629,789 840,815 109 2,092,621 ;:~~i--: =: ::::::::::::::::::: =:: ::::::::::::::::::::::: ==: 640,179 839,672 Michlgan ------Winnebago ...... •••..•.•.••....•...... --··· ----•••.•. 1,197,160 1,433,116 Winneshiek .....•...... •.•..••••...... •.••.... --·-....•... 1,948,495 1,936,404 Woodbury ...... •....•...... •...... •.: ...... •.•..... 1,212,583 3,845,852 Mr. CANNON. Will the gentleman from Iowa yield for a mo- Worth ...... ••....•.....••.... ----.... ----···· •...... •... 1,070,_796 1,021,832 tion for the committee to rise? . _ Wright .... ----.•.••...•••...•...... •....••...... __ ...•. 1,127,068 1,075,520 1----11--- Mr. HAUGEN. Certainly. The State-----•.... ------••.... ------•....•..•. 85,280,715 89,806, 6(5 Mr. CANNON. Mr. Chairman, I move that the committee do now rise. Gross increase, by counties..••...•••.•.... -----·-·--·---.... pounds.. 10,551,770 The motion was agreed to. Gross decrease, by counties ------·-----·····--....do.... 6,025, 840 The committee accordingly rose; and the Speaker pro tempore (Mr. PAYNE) having taken the chair, Mr. LACEY, Chairman of Net increase for State .... ------·---···· ...... do.... i,525, 900 the Committee of the Whole House on the state of the Union, I submit here a list of these States, with the population of each reported that that committee had had under consideration the as shown by the census of 1890: bill 9206, the oleomargarine bill, and had come to no resolution Population. Populatio~. th_ereon; New York ....•....• ------5,007,853 South Carolina-······------1,151,149 MESSAGE FROM THE SENATE. Pe~ylvania ------··---- ?·228·~i Nebraska------·-··------1,058,910 Maryland.--·---·------1,042,300 A message from the Senate, by Mr. PARKINSON, one of its West Virginia------···· 762,798 clerks, announced that the Senate had passed bills of the follow· ~~~~-======M.L"Souri ·------2,679~:m:316,184 Connecticut______746,253 ing titles; in which the concurrence of the House of Representa- Massachusetts_----••...• ---- 2, 238,943 Maine...... 661,086 Michlgan. ------··---·-· ....•. 2, 093,889 Colorado------···------412,198 tives was requested: · Iowa------·---·-··- 1,911,896 NewHampsbire...... 376,500 S. 605. An act to provide for the purchase of a sit.e and the Kentucky------·-·-····--···- 1,853,635 Washington ••..•. ------349,390 erection of a public building thereon at Newcastle, in the State of Georgia.------·-- 1,837,353 Oregon_ ....• ------313,767 Tennessee ...... •..•. ------1, 766,518 Vermont...... 332,442 Pennsylvania; South Dakota...... 328,808 S. 567. An act for the relief of H. B. Matteosian; ~~~:::::::::::::::::::: l:~:~ Utah--····---·--·--·--·--··· ~.905 S. 1609. An act making an appropriation for the purchase from .Ala~a. --···------·----- 1,513,017 North Dakota...... 182, 7ll Delaware------· 168,493 Forsyth County of a site and building for a post-office and other ======Government offices in Winston-salem, N.C., and to authorize ~Californiar:n::at:~~====-- .... ------·. 1,208,100i: ~: ~ TotaL •...••••.•••...•. 50,117,440 the sale of the present post-office site in Winston-Salem to For· Ingredients of 80,000,000 pounds oleomargarine made in 1889. syth County; Pounds. Pounds. S. 903. An act for the relief of William D. Rutan; Neutral lard ...... ••..• 31,297,251 Stearin...... 5,890 S. 3299. An act granting an increase of pension to Isaiah Oleo oil (tallow) ...... 24,491,769 Glucose------2,5.50 Tufford; Cotton-seed oil ...... •... 4,357,514 Mille...... •...... • Y ,200,576 S. 2708. An act respecting proceedings in the courts of the Sesame .. _..... ------·...... 486,310 Butter oil...... 4,342, 004 Coloring matter·------·-· 148,970 Salt---·------6, 773,670 United States in the western district of the State of Missouri; Sug3.r ···----·--··---·---···· 110,164 Butter------1,568,319 S. 2~86. An act to provide for enlarging the public building at Glycerin.------·- 8,963 Cream·------·------; ____ 3,527,410 Nashville, Tenn.; and The States and Territories which have not passed laws forbid S. 2769. An act to fix the fees of United States marshals in In ding the sale of oleomargarine colored in semblance of butter are: dian Territory, and for other purposes. Population. The message also announced that the Senate had passed without Population. amendment bills o.f the following titles: Texas ____ ------.... ---- 2,235, 523 New Mexico...... 153,593 Indiana ______------····- 2, 192,40! ------·------. 132,156 H. R. 4372. An act to regulate the collection of taxes in the North Carolina ...... 1,617,947 ------·--- 84,385 District of Coluinbia; and Kansas. ___ .--~---·------···- 1, 4...9'7, 096 0 -·------61,834: Mississippi...... 1,289, 700 Wyoming...... 00,705 H. R. 4988. An act for the relief of Mary E. McDonald. Arizona...... 59,620 The message also announced that the Senate had passed with Nevada._------····------··-- 45, 'i61 amendments bills of the following titles; in which the concur· t~~=Flori.da ------·---·======------i:m:u~321,422 renee of the House of Representatives was requested: Rhode Island ... ------·--··· 3{5,506 Total••••••••••••••.••• 12,60i, 790 District; of Columbia...... z:JJ,002 H. R. 8581. An act making appropriations for the ·payment of ·, 1902. CONGRESSIONAL RECORD-HOUSE. 1537 ·invalid and other pensions of the United States for the fiscal year of the Treasurer of the United States and $000 for an additional room for the Bureau of Statistics. ending June 30, 1903, and for other purposes; and On Nos. 4 and 5: Appropriates $3,150,000, as proposed by the House, instead H. R. 10076. An act to receive arrearages of taxes due the Dis of $3,250,000, as proposed by the Senate, to refund the tobacco tax. trict of Columbia to July 1,1900, at 6 per cent per annum in lieu On Nos. 6, 7,8, 9, and 10, under the head of public buildings: Appropriates aR proposed by the Senate- ' of penalties and cost. For rent of buildin~s at Cleveland, Ohio., $6,000; The message also announced that the Senate had agreed to the For repairs of public building in the customs district of Frenchmans Bay report of the committee of conference on the disagreeing votes of Me., $7,000; and ' For post-office at Columbus, Ga., $3,000; the two Hous~s on the aln:en~ents of the Senate to the bill (H. and strikes out the appropriations proposed by the Senate R. 9315) making appropnat1ons to supply urgent deficiencies in For the Treasury building $17,0CO; and the apyropriations for the fiscal year ending June 30, 1902, and For the Butler Building, $4,000. - . On N os.ll and 12: Appropriates, as proposed by the Senate, $500 additional for pnor years, and for other purposes, had further insisted upon for e pnnted at the Gove~ent Printing Office 4, XXXY~97 1538 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10, On No. 70: Appropriates$22,874.31,asproposed bytheSenn.te,forjudgments and they have been on exhibition in the Corcoran Art Gallery. of Ucited States courts. Arrangements have been made for carting them about the coun On Nos. 1, 71, 72, 73, 74, 75, 76, 77, and 78: Relating to the payment to Mexico of money erroneously claimed by and paid to the United States on account try to various large cities. And so on, and so on. ' of awards in the La A bra and Weil claims, and to the payment of claims of I undertake to say that if this House had been called upon for certain Sta tes for expenses incurred in raising volunteers, the committee of such work it would not have agreed to it; but that is a matter confer ence have been unable to agree. The bill as passed by the House appropriated S17,076,!70.54; as passed by within the domain of assertion or prophecy. The main fact, the Senate it appropriated $20,255,176.8lj, The conference commit~~,.~ far however, is that Cop.gress never did so agree. But the time as they have been able to agree, have eliminated. from the bill SH5,U>U, pro comes when the contingent fund of the Senate has to be reenforced posed by the Senate amendnients, and have restored to the bill $273,7 40 stricken out by the Senate in the appropriation for rural free delivery. to pay these expenses, amounting in round numbers up to date to The amendments on which the conference committee have been unable to $i7 ,000. As the time came for payment, it seemed to the House agree appropriate $1,!66,225.12. J. G. CANNON, that this expenditure had better be stopped, and for the future a S. S. BARNEY, limitation had better be put on the expenditures of the contingent L. F. LIVINGSTON, funds of both Homes, so as to confine such expenditures to cur Managers on. the part of the Hov.se. rent matters of legislation-ordinary expenditures-and to pro 1\Ir. CANNON. Mr. Speaker, I do not think of more than one vide, as is provided with reference to expenditures of every other or two matters that I want to explain at this stage of the proceed department of this Government, that these accounts should be ings, unless some gentleman desires to ask about others. I pro audited by the accounting officers of the Treasury. pose to move the adoption of this report, which would be the fir~t The House and the Senate are the lawmaking power, and we step toward bringing the two Houses into agreement, and then 1t see to it that every other department of the Government, includ would be for the House to take such steps as it may deem proper ing the executive, shall not only first be authorized to make the touching the matters still in controversy. expenditure by law, but, when it is made, that the accounting 1\{r. BARTLETT. As I did not catch very distinctly the read officers of the Treasury shall audit the accounts and pass them or ing of the statement of the House conferees, I wish to ask the reject them, as the law provides. Well, as we are the law-making gentleman from lllinois [Mr. CANNON] whether by this report the power, it was the opinion of the House when we passed this amend amendment adopted in the Honse increasing the approp1'iation for ment, as it was the opinion of the Home and Senate conferees, rural free-delivery service is agreed to? that the law-making power should take the same medicine that it Mr. CANNON. Exactly as it passed the Home. made every other department and officer of this Government Mr. BARTLETT. The provision adopted by the House with take, namely, that it should have its accounts audited; and un reference to this service is left ·in the bill? der this provision I apprehend that there will be no further legis Mr. CANNON. Yes, sir; exactly the House provision. lation by one body alone, involving the expenditure of S50,000 or 1\Ir. HILL. Mr. Speaker, I desire to thank the conferees on the a million of dollars; in other words, that legislation shall be as the part of the Home for securing concurrence in that amendment; Constitution intended it should be. and I wish to state, for the satisfaction of the Home, that I have I thought it proper to call the attention of the House to this the highest possible authori~y for saying that this appr?priation matter, without criticism upon any individual. My impression will be used exactly as was mtended by the House, notwithstand is that possibly individuals may have been surprised at this out ing it was not in our po~er to specify the wa_y in whi~ it s?-ould come. Probably nobody contemplated at the beginning what the be med, to wit, for the mcrease of the sslan.es of earners m the expenditure would be, but you know when we start with archi rural-delivery service from $500 to $600 a year from and after the tects and specialists and scientists, those having skill and tech 1st of March for the balance of this year. nical knowledge, with the great ·army of alleged people of that Mr. CANNON. Now, Mr. Speaker, there is one other matter kind, you never know where you are going to stop, and we fortu to which I wish to call atention, became the provision which has nately now come, if this provision is adopted, to a stopping place. been adopted amends the law touching e.x;penditures to be made Mr. RICHARDSON of Tennessee. I realize the importance of in the future from the contingent funds of the House and the the matter upon which the gentleman is speaking, and I want to Senate. ask him now if the conferees have reached a conclusion on that For some years past the accounting officers of the Treasury matter? have settled the accounts of expenditures from the contingent Mr. CANNON. Yes. funds of the House and the Senate under the law upon the audit Mr. RICHARDSON of Tennessee. Both bodies have agreed? of the Committee on Accounts of the House or upon the audit of Mr. CANNON. Yes. the corresponding committee of the Senate--the Committee on Mr. RICHARDSON of Tennessee. Both sets of conferees? Contingent Expenses. For some time past it has come to the Mr. CANNON. Yes. knowledge of some members of the House that the administra Mr. RICHARDSON of Tennessee. It is almost impossible for tion or expenditure of the contingent funds of the two Houses us to hear the gentleman on this side in the confusion. I want both the Home and the Senate-has been exceedingly loose; and to ask him how the line is to be drawn by the two bodies as to under the loose practice which has prevailed. it has been quite what items shall be allowed and paid from the contingent fund? within the power of one body or the other to practically legislate, :Mr. CANNON. I will have the provision read again. notwithstanding the fact that legislation under the Constitution Mr. RICHARDSON of Tennessee. I want to know exactly how must be by some measure that passes both Homes and is approved you can tell what is going into the contingent fund. by the President. Mr. CANNON. This includes it, as you will see. The exact matter out of which this question grew was a House The CHAIRMAN. The Clerk will read. amendment to which the Senate has now agreed, providing as The Clerk read as follows: follows: PrO'Vided, That hereafter appropriations made for contingent expenses or PrO'Vided, That hereafter appropriations made for contingent expenses of the House of Re:{lresentatives or the Senate shall not be used for the payment the House of Representa. tives or the Senate shall not be used for the payment of personal semces, except upon the express and specifi0 authorization of the of personal serVIces except upon the express and specific authorization of the House or Senate, in whose behalf such services are rendered; nor shall such House or Senate in whose behalf such services are rendered, nor shall such appropriation be used for any expenses not intimately and directly connected appropriations be used for an¥ expenses not intimately and directly con with the routine legislative business of either House of Congress; and the ac nected with the routine legislative business of either House of Congress; and counting officers of the Treasury shall apply the provisions of this paragraph the accounting officers of the Treasury shall apply the provisions of this para in the settlement of all accounts of expenditures from said appropriations graph in the settlemen~ of all accoun~ of expenditures from said apyrop~ incurred for services or materials subsequent to the approval of this act . tions incurred for serVIces or matenals subsequent to the approva of this act. :Mr. RICHARDSON of Tennessee. How does that get into this The necessity for this legislation has existed for years; but the bill? Did the Senate insert it, or was it in the House bill? particular matter, I fancy, which caught the attention of the Mr. CANNON. The Ho11Se bill substantially contained the House, as well as the Senate, was a Senate resolution authorizing provision, and with slight modifications, strengthening it rather the Committee on the District of Columbia of the Senate to re than weakening it; this was the agreement. port plans for the development and improvement of the entire :Mr. RICHARDSON of Tennessee. It is new legislation, is it park system of the District of Colmmbia. That resolution made not? the Senate contingent fund available to pay the expenses con Mr. CANNON. Oh, certainly. nected with the preparation of such plans. Under the authority Mr. RICHARDSON of Tennessee. Entirely. I think it is en of that resolution the committee proceeded to act. Eminent tirely proper, but I was wondering how it got into the urgent defi architects were called. Gen!lemen whose expenses were all paid ciency bill. by the public were sent to Europe, and their action figured in Mr. CANNON. My recollection about it is that some vigilant Associate Press dispatches and various other kinds of dispatches. member-- They adopted a great plan for the improvement of the· city of 1\Ir. RICHARDSON of Tennessee.' I have no doubt the gentle Washington and the District of Columbia, the working out of man's recollection is correct. which would probably cost a couple of hundred million dollars, Mr. CANNON. That some vigilant member-! do not recall more or less, and would occupy probably, or ought to occupy, a who it was. couple of hunw:ed years. Models were made of the whole thing, Mr. LIVINGSTON. It was yourself. [Laughter.] 1902. CONGRESSIONAL RECORD-HOUSE. 1539 - Mr. CANNON. Oh, now it comes to me and I will tell my of Maine, $131,000 and some odd dollars; Pennsylvania, $689,000 friend. The Senate came, as I knew it would come, with an ex in round numbers; New Hampshire, $108,00 in round numbers; traordinary proposition for an increase of its contingent fund, and Rhode Island, 124,000 in round numbers. These various claims I had the impression that the appropriations were so extraordinary have been audited by the auditing officers of the Treasury De that there was but one explanation for it, and therefore, by unan partment under the principle laid down in the case of the State imous consent, when the matter was considered on the Senate of New York against the United States, reported in 160 U.S. Re amendments in the House, I asked for the adoption of this pro ports, as I recollect it. Now, Senate amendment 78 I will read: vision, and the House being clearly of the opinion gave the unani And the claims of like character arising under the act of Congress of July mous consent. It went back to the Senate, and this is the result. Zl, 1861 (12 Stat., p. 276), and joint resolution of March 8, 1862 (12 Stat., p. 615) not heretofore allowed or heretofore disallowed by the accounting officers or1 It all comes back to me now. · the Treasury, shall be reopened, examined, and allowed~ ~nd if deemed neces Mr. RICHARDSON of Tennessee. That is eminently proper. sary shall be transmitted to the Court of Claims for finaings of fact or deter Mr. BARTLETT. I desire to ask the gentleman from Illinois mination of ~uted questions of law to aid in the settlement of the claims a question. The gentleman understands that the Committee on by the accounting officers. Accounts, of which I happen to be a member, has resolutions Now, then, this Senate amendment was adopted for the purpose, before it frequently to pay officers in the House who fill various po and in my judgment the amendment would accomplish that pur sitions here the difference between the salaries of the positions to pose, of enabling certain States that presented claims for so-called which they were appointed and the salaries ordinarily paid for the interest that was paid upon indebtedness that they made under labor that they actually perform. the act of 1861 and 1862, and which were rejected by the account Mr. CANNON. It does not affect that. ing officers of the Treasury Department, but which are upon all Mr. BARTLETT. It ought to affect it. fours with the New York claims on which a recovery is had. It Mr. CANNON. This does not, because it says," Shall not be enables those States to have claims reopened and audited, so as to used for the payment of personal services except upon express receive the same treatment that the Supreme Court of the United and specific authorization by the House or the Senate." States gave to the State of New York when it rendered judgment Mr. BARTLETT. Whatiintended tosaywas, these employees ag:otJinst the United States, which was believed by the Senate to be who are not discharging duties for which theywere authorized to a proper provision. be paid. For instance, they were appointed as folders and per It was believed by the Senate to be a proper provision. In my form the duties of messengers, and they came before our commit judgment, it is a proper provision. But, for the purpose of hav tee and asked for the difference between the pay. ing no question whatever as to just what is meant by this Senate Mr. CANNON. I will say to my friend, as I recollect it, there amendment, my colleague, the gentleman from Indiana [Mr. is a prior statute which prohibits that thing, and I want to be en HEMENWAY], upon the Committee on Appropriations, has pre tirely frank with my friend. I believe that that prior statute, pared an amendment which I understand he desires to offer, and with this provision that requires the accounting officers of the which, it seems to me, would make it absolutely sure that if the Trea ury to ~erform the~ function, will break up that practice. Senate provision was so amended there would be accomplished, I think it ought to. what it seems to me, the Senate desired to accomplish and what, Mr. BARTLETT. I think, so too. I did not ask for that ob in my judgment, ought to be accomplished. ject. I think that thing ought to be put a stop to. Mr. MOODY of Massachusetts. Before the gentleman takes Mr. CANNON. I think that will stop it, except as you provide his seat I would like to ask him if he knows how much of an ex for it by joint resolution. Now, Mr. Speaker, with these re penditure this amendment will involve? marks, I move the adoption of the conference report. Mr. CANNON. It is stated here. :Mr. WILLIAM W. KITCHIN. Before that motion is sub Mr. MOODY of Massa-chusetts. Yes; Maine, New Hampshire, mitted, I desire to ask the gentleman one question. What dis and Rhode Island- position has the conference made of the $500,000 item for the Mr. CANNON. Yes. shelter of troops at Manila? Mr. MOODY of Massachusetts. My question is, How much in Mr. CANNON. I am glad the gentleman called my attention addition will this amendment probably involve? to that matter, as I intended to speak of it in fairness to the Mr. CANNON. I can not tell the gentleman. House. The Senate, if the gentleman has before him the bill :Mr. HEMENWAY. About two millions and a half. with the Senate amendments, by amendment No. 24 strike out Mr. CANNON. The gentleman from Indiana informs me as the House provision for the proper protection and shelter of offi near as can be ascertained about two millions and one-half. cers, etc., and they inserted the following language by amend .Mr. MOODY of Massachusetts. That includes the States ment No. 25: named as well as the others that have claims? MILITARY POST. Mr. CANNON. Yes. I did not give as close attention to the For the establishment in the vicinity of Manila, P. I., of a military post, a-ggregate of the matter as did the gentleman from Indiana. including the construction of barracks, quarters for officers, hospital, store Mr. MOODY of Massachusetts. I would like to ask the gen houses, and other buildings, as well as water supply, liS"hting,~ sewerage, and drainage, necessary for the accommodation of a garnson or two full regi tleman if he recalls the claims which were placed by the Senate ments of infantry, two squadrons of cavalry, and two batteries of artillery, amendment on the sundry civil bill last year and which were re to be available until expended, $500,00). jected by the Honse after debate-the claim of the State of Ne By the report that is made, the House agrees to the two Senate vdda and the claims of California and Oregon? amendments which strikes out the House provision and inserts Mr. CANNON. I recollect them very well. • the Senate provision which I have just read. Mr. MOODY of Massachusetts. Will the adoption of either of The SPEAKER pro tempore. The question is on agreeing to these amendments in any way involve claims of that character? the amendment. Mr. CANNON. It seems to me not; but, in order to make it The question was taken; and the conference report was agreed to. absolutely sure, so that there can be no question about it, the Mr. CANNON. Now, Mr. Speaker- gentleman from Indiana has prepared an amendment that I think Mr. RICHARDSON of Tennessee. Before the gentleman be specifically covers such claims only as were covered by the Su gins, will he answer another question. I would like to knowhow preme Court in the State of New York against The United States. much increase has been agreed to in the agreement between the I think without that they would not be covered. Certainly, from two Houses thus far? As I understand it, the bill, when it passed what the conferees of the Senate say, there was no intention to the House, carried 17,168,000, and there has been added to it, by cover them, and from my knowledge of them, with the best ex~ the agreements already made by the two Houses, how much? amination I can give them, I feel quite sure that they are not The Senate added a little over three millions. covered. Those claims the gentleman referred to covered bounty Mr. CANNON. By the agreement the bill has increased about and double pay- a million a half. Mr. MOODY of Massachusetts. Yes; bounty and extra pay; Mr. RICHARDSON of Tennessee. You have agreed to half of and if the principle was once recognized the expenditure would the increase the Senate made, in round numbers? amount to a billion dollars. Mr. LIVINGSTON. Oh, no. Mr. CANNON. I tJrink they are clearly not covered by this Mr. RICHARDSON of Tennessee. They increased it over amendment, but if my friend will yield, I will yield to the gentle three millions, and you have agreed to a million and a half. man from Indiana to offer his amendment, and I think that will There are about a million and a half in the remaining amendments answer the question better than I can do it, because it forecloses not agreed to. any poosible question that might arise as to whether these claims Mr. CANNON. About a million and a half in the matters yet the gentleman refers to are covered. open. Now, Mr. Chairman, the committee of conference ha"le Mr. HE::M:ENW AY. Mr. Speaker, I offer the following amend been unable to agree to $1,466,235.12. Now, there are certain ment: amendments in here on which the conferees report that the Sen The Clerk read as follows: ate further insist on. There are amendments 1, 71, 72, 73, 74, 75, That the Honse recede from its disagreement to the amendment of th9 Sena. te No. 78 and agree to the same with an amendment as follows: , 76, 77, and 78. Amendments 73 to 77, inclusive, are for the re In lieu of the matter.inserted by sa.id amendment insert the following: fund of expenses incurred in raising volunteers-namely, the State "And the claims of like character arising under the act of Congress of J nly 1540 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 10, '11, 1861 (12 Sta.ts., I'· 276), and joint resoiution of March 8, 1862.(12 Stats., P.· 615), two classes fall within the principle laid down in the New York as interpreted and &!)plied by the Supreme Court of the Uruted States m the case referred to. case of the State of New York against The United States, decided January 6~ 1896 (160 U. S. Rep., p. 598), not heretofore allowed or heretofore ~llowea The State of Indiana, my own State, sold bonds in order to by the accounting officers of the Treasury shall 'l:!e reopened, exammed, ~nd raise funds to equip the volunteers, and in the sale of such bonds allowed· and if deemed necessary shall be tra.nsrmtted to the Court of c~~ not only suffered by loss of an interest account, but, owing to the for findings of fact or determination of disputed questions of law to tud m the settlement of the cl.a.ims by the accounting officers." unfortunate situation that existed at that time in the State, the bonds were sold at a discount, making the discount and interest Mr. HEMENWAY. Now, Mr. Speaker, in view of the state both losses to the State, and consequently a just and equitable ment of the gentleman from illinois explaining this matter, I do charge against the Government. not think I need to say anything, unless some gentleman wishes The States of Ohio, Michigan, illinois, and Kentucky clearly to ask a question. fall within the same intent of this proposed amendment, coming Mr. LIVINGSTON. Is not that the amendment which was as they do clearly within the principles laid down by the decision carried from the House to the Senate? in the New York case. Mr. HEMENWAY. Almost; but there is some difference. There is no more reason why the claim should have been paid Mr. CANNON. We adopt the decision of the Supreme Court, to the State of New York than the claims should now be paid to which the other did not contain. the States of Indiana, Ohio, Michigan, illinois, and Kentucky. 1.Ir. LIVINGSTON. I understand. It is thought wise, therefore, that rather than compel each of Mr. HEMENWAY. We confine it to the case decided in the these States to urge its claim singly and alone by way of special Supreme Court wherein the State of New York is plaintiff against legislation before Congress, by an amendment in the language the United States. here proposed all of these States which fall within the purview Mr. SMITH of Kentucky. And that amendment will exclude and principles of the decision of the New York case shall be pro the claims of Nevada and California and Oregon? vided for in order that justice may be done each in the discharge Mr. HEMENWAY. Yes. of their several claims. Mr. LIVINGSTON. Would it not be better to strike out the It is no more than fair and just that so long as these several word "like" and ·put in the word "same," as I am not sure but States which I have just named each holds a claim against the the Nebraska claim would be covered as it now stands? Government of a similar nature to that of the New York claim, Mr. HEMENWAY. Oh, I think not. tha,t the accounting officers should be required by mandatory stat Mr. SIMS. As I understand, the gentleman's amendment will ute to reopen such claims as have heretofore been disallowed and apply to all States having claims coming under this decision-that examine and allow them under the principles set forth in theNew it is a general law in that respect. York decision, and also fair that no claim which had not been · Mr. HEMENWAY. Yes; following the suggestion that the acted upon by the accounting officers because it had not been gentleman made to me some time ago. pressed, so long as it stands on all fours with the New York case, Mr. SIMS. I think that is much wiser than having these sepa should also be considered and allowed. rate bills coming in from time to time. Mr. CANNON. I ask for a vote. Mr. MOODY of Massachusetts. Would the gentleman from The question being taken, the motion was agreed to. Indiana have any objection to this amendment: After the word Mr. CANNON. I move that the House recede from its disa " and," in line 21, insert the words " if found to be in the scope greement to the amendments of the Senate numbered 71, 72, 73, of said decision, may be allowed?" 74, 75, 76, and 77, and agree to the same. These amendments re Mr. HEMENWAY. I do not believe that is necessary. This late to claims that have already been audited. clearly confines it to claims of the same. kind that w~re allowed The motion of Mr. CANNON was agreed to. in the four States that have been determmed. There lB no doubt Mr. CANNON. Mr. Speaker, that disposes of all the amend but that this amendment, which has been gone over very care ments except amendment numbered 1. fully and submitted to the Comptroller of the Treas~, confines Mr. BARNEY. If my colleague on the committee will yield the claims to those covered by the New York declSlon and no for the purpose, I move that the House recede from its diagree others. ment t<> Senate amendment No.1 and agree to the same. This Mr. MOODY of Massachusetts. Mr. Speaker, I desire to make amendment provides for the payment of what are known as the this statement: I know that the gentleman from Indiana does not La Abra and Weil claims. The facts in this case seem ·to be intend to accomplish it, but it might be possible under his amend about these: Something more than thirty years ago this Govern ment. The gentleman is making it mandatory on the accounting ment and the Government of Mexico entered into treaty rela officers to allow claims of a like character with those described in tions by the terms of which claims of the citizens of Mexico that decision of the Supreme Court. Now, it might be that the against this Government and claims of citizens of this Govern claims would turn out to be ill founded. If they are claims that ment against Mexico were submitted to a commission composed must be allowed, they would have to be allowed. Why not say of one commissioner selected by this country, one by Mexico, and " may" be allowed? Sir Edward Thorton as the referee. Various claims were al Mr. HEMENWAY. If the gentleman from Massachusetts will lowed by that commission against both Governments. Among permit, they could not be claims not well founded if they were them were these two claims, amounting to something more than similar to the New York claims. I want to say that they are on a million dollars, and it was provided that Mexico should pay all fours with the New York claims. these claims in installments. Mr. MOODY of Massachusetts. You are in substance adjudi Before Mexico had made any payment upon these claims she cating on the claims here at this time without knowing anything protested against their payment, alleging that they had been about the amount. It is adjudicating on the amount of it, be founded in perjury and fraud. But early in these payments she cause you say that claims that are made under the provisions of presented no evidence on this subject, but simply made the naked that statute must be allowed as they are made. protest, which our State Department did not consider sufficient to Mr. HEMENWAY. Yes; but the gentleman must not mis warrant us in holding up the claims. So a part of them were paid, understand the matter. It does not go to the extent of fixing any the sums paid amounting altogether to $412,572. After that, evi amount. It says that they shall allow the claims after being prop dence was presented to the State Department of this perjury and erly audited and passed upon by the Court of Claims. fraud, and subsequent payments were held up. Thereupon, these Some claims for interest account and similar expenses were filed claims pressing for payment against the General Government, against the Government and passed upon adversely prior to the Congress by law provided for an action to be begun by the Attor decision in the New York case referred to in 160 United States ney-General against the La Abra Mining Company and the Weil Reports, page 598. Mining Company for the purpose of determining the question Other claims involving a similar principle and equity were not whether these claims were founded upon perjury and fraud or not. filed, possibly for the reason that the adverse action was antici That action was tried, and the judgment of the Court of Claims pated. was that these claims were founded upon perjury and fraud and In view, however, of the decision of the Supreme Court in the ought not to be paid. But the court in its findings also found that New York case, where the court held a claim for interest was an the Government of Mexico had been guilty of laches and negligence equitable and just claim against the Government, it is only fair in not presenting its case before this commission when the claims that since such decision clearlv fixes the liability of the Govern were originally allowed. Thereupon, this Government paid to ment with all States where th·e claim is clearly just the Govern Mexico the balance of the sum which had been paid to us, and ment should now accept such claim as fair and just and provide which remained in our hands and not paid over to the claim for the payment of the same. ants; and the minister of Mexico, in an exceedingly courteous note The amendment proposed clearly intends to cover two classes acknowledging the payment of these sums, released this Govern of cases-one where the claims have been disallowed by the ac ment from any claim on account of the sums which had already counting officers and those where the accounting officers have been paid to these claimants. not allowed them, or where they have not even ~n conside~ed Now, I want to say frankly that as I look at this whole case I by the accounting officers-so long as the cases of e1ther of which see no legal claim and no equitable claim against this Government 1902. CONGRESSIONAL RECORD- HOUSE. 1541 on the part of Mexico. ·I do not believe that if the circumstances by appropriation bills. Now, if you can occupy an hour in this were all taken into consideration as they would be between indi manner and take it away from the time to be given to the oleo viduals a court of equity would ever give the Government of margarine bill, why could not the whole of the other day have Mexico a single dollar against the United States; because, while been taken away in the same manner because an appropriation unquestionably those claims were founded in perjury and fraud, bill w-as brought up and discussed during the entire day? the court holds that the Government of Mexico ought to have The SPEAKER pro tempore. The Chair does n ')t feel called known of these facts and ought to have presented them to this upon to answer that conundrum, but it is clearly of the opinion Commission and had the question properly adjudicated, in which that the order means one legislative day. · case this Government would never have paid any of these claims :Mr. WILLIAMS of Mississippi. Well, is a legislative day five at all. hours? But, now, in consideration of the fact that . this perjury and The SPEAKER pro tempore. The Chair thinks that the order fraud was the perjury and fraud of American citizens against the would end the general debate with the end of this legislative day. citizens of a sister Republic and a weak Republic, and taking into Mr. WILLIAMS of Mississippi. No special day was designated consideration the further fact that we are continually having in the original agreement. It just said "a day." claims against sister republics of the south and for the purpose The SPEAKER pro tempore. The House had already com of showing our magnanimity toward a weaker Government, and menced the consideration of the oleomargarine bill in general for that matter for the purpose of doing what perhaps no other debate to-day. government on the face of the earth would do, I am willing tore Mr. WILLIAMS of Mississippi. Before we go into the commit pay to Mexico the money which she thus paid to us on account tee I want to ask unanimous consent that the fifty minutes just of the fraud and perjury of our citizens. now consumed in the consideration of the urgent defidency bill Another consideration which perhaps ought to be taken into ac be added to the session this afternoon for general debate upon the count is the fact that many of our citizens are all the time investing oleomargarine bill. their capital in Mexico in the mining and other business. It is in :Mr. WADSWORTH. Ifnecessary. their interest, and incidentally in the interest of us all, that the The SPEAKER pro tempore. The Chair suggests to the gen most friendly relations should continue between this Government tleman from Mississippi that this is entirely in the province of and our sister Republic. Under all these circumstances we can the majority of the committee. There is no rule requiring that afford to be magnanimous·,to our weaker sister and to go further the House shall adjourn at 5 o'clock, and the matter is in the con than even the principles of equity would require us to do in re trol of the committee, so that a majority of the committee can storing to her money which has been unjustly extorted from her determine when the committee shall rise. by dishonest American citizens. Mr. WILLIAMS of Mississippi. My object in asking it was I have conferred with the State Department about this matter, because I supposed the House alone could deal with that question. and they agree substantially with me as to the equities of this Mr. PAYNE. The committee need not rise until 6 o'clock, if case, yet payment is recommended by the office of the Secretary it so desires. of State. It was called for in the message of President Roosevelt Mr. LACEY. Or 7 or 8 o'clock. and was called for in one of the messages of President McKinley. The CHAIRMAN. The question is on the motion of the gen T.herefore, taking all these facts into consideration, I hope the tleman from Connecticut that the House resolve itself into the motion will prevail and this amendment will go upon the bill. Committee of the Whole. Mr. CANNON. I ask for a vote. The motion was agreed to. The motion was agreed to. Accordingly, the House resolved itself into the Committee of the Mr. CANNON. I believe that disposes of the bill, Mr. Speaker. Whole House on the state of the Union for the further considera This bill will go to the Senate with a message covering the action tion of the bill (H. R. 9206) to make oleomargarine and other of the Honse without any formal motion. imitation dairy products subject to the laws of the State or Ter The SPEAKER pro tempore. The Chair, then, will r~ognize ritory into which they are transported, and to change the tax on the gentleman from Connecticut [Mr. I!ID.""RY]. oleomargarine, with :Mr. L.ACEY in the chair. LEAVE TO COMMITTEE ON INDIAN AFFAIRS TO SIT DURING SESSIONS. Mr. HAUGEN. Mr. Chairman, I yield fifteen minutes to the Mr. SHERMAN. If the gentleman will allow me, I desire to gentleman from Iowa [Mr. THOMAS]. ask unanimous consent that the Committee on· Indian Affairs Mr. THO:MAS of Iowa. :Mr. Chairman, I had no intention of be permitted to sit during the sessions of the House. submitting any remarks upon the pending bill until quite re The SPEAKER pro tempore. The gentleman from New York, cently; but after hearing some of the remarks of the opposition Chairman of the Committee on Indian Aftairs, asks unanimous I .have concluded to make a few observations on some of t4e pro consent that that committee be permitted to sit during the sessions visions of the bill, and in doing so, to refer to some of the argu of the House. Is there objection? · ments that have been advanced in opposition to the measures There was no objection. proposed by the bill. The observations in opposition have certainly taken a very wide OLEOMARGARINE. range-wide enough, indeed, to take in every element, whether Mr. HENRY of Connecticut. I move that the House resolve in favor of or opposed to the pending measure. The arguments itself into the Committee of the Whole for the further considera used display an ingenuity almost unheard of on the floor of this tion of the bill H. R. 9206. House. The gentleman from Illinois [Mr. FOSTER], in address Mr. WILLIAMS of Mississippi. Pending that, I want to make ing the House in opposition to the bill the other day, stated: a parliamentary inquiry. Let us examine briefly these two measures and see what it is that they The SPEAKER pro tempore. The gentleman from Mississippi. would accomplish if enacted. The majority bill on its face provides that Mr. WILLIAMS of Mississippi. My parliamentary inquiry is oleomargarine shall be subject in any State to the laws of that Stat-e. this, Mr. Speaker: The House having the other day by unani Now, as 32 States, through their legislatures, have been prevailed upon to pass laws forbidding the manufacture and sale therein of oleomargarine col mous consent given a legislative day to the general discussion of ored in resemblance of butter. if this bill should become a law such colored the oleomargarine bill and another day to discussion under the oleomargarine manufactured in other States could not be taken into and sold five-minute rule, the bill to be displaced temporarily by appropri in these 3'~ States, even in the original packages. This would at once deprive oleomargarine of the larger part of the market, and the rest of it would be ation matters presented to the House, this morning the matter swept away by the other provisions of the bill, namely, that all oleomarga which has just been concluded was presented and has consumed rine colored to resemble butter shall be taxed 10 cents a pound. In other very nearly if not quite an hour. Will that time be added to the words, this bill is simply aimed at the total and utter destruction of the oleo time of general debate? margarine industry. The SPEAKER pro tempore. The Chair is of opinion that the The same gentleman, further along in his speech, said: House gave a legislative day for the general debate on the oleo And here, on the other hand. are the butter monopolists who are hurt b;r margarine bill, and the time which has been otherwise occupied its sale, who say, "·No, we will not let oleomargarine be sold at all-we will ·to-day would be lost to the oleomargarine bill. Of course it is in crush it out of existence;" for that, Mr. Chairman, is what they will do if they can pass this bill. the power of the House to sit l~ter than 5 o'clock if it desires to do so. The gist of this argument, Mr. Chairman, is that it is the pur Mr. WILLIAMS of Mississippi. I understand that. pose of the pending bill to crush out the oleomargarine industry; The SPEAKER pro tempore. The Chair thinks that without to absolutely prevent the sale of the article as a food product. some further order from the House the general debate on the oleo This certainly is a strong appeal to those interested in the manu margarine bill will end with this legislative day. facture and sale of oleomargarine and to those who desire to p_ur Mr. WILLIAMS of Mississippi. What I want is a construc chase it as an article of food, but the range of argument taken by tion of the order already existing. I do not want ·to ask any the opposition goes clear to the other side of the question as well. further time from th~ House. I want a construction of the order The pendulum has swung to the other side of the sky, even to the already existing. Now, that order was that a day be given to distant horizon. We have heard the gentleman from Ohio [Mr. general debate upon this question and another day to debate un GROSVENOR],in most eloquent terms, give reasons, sufficient unto der the five-minute rule, the subject being temporarily displaced himself, for going to the fullest extent in opposition to the bill. : I ! 1542 CONGRESSIONAL RECORD-. HOUSE. FEBRUARY 10, ments. As an example, No.1 has no coloring matter, No.2 a little coloring, Observing that the general drift of public opinion in the coun and so on toNo. 8, which is the highe3t colored goods we turn out. Preserve try, as well as among the members of the House, is in favor of this card, ordering the color you want by the number, and we will send you the provisions of this bill, it has- become quite apparent to the op just what you want. - ponents of its provisions that in order to successfully defeat its Yom·s, truly, W. J. MOXLEY. passage by the House it is necessary to gain the support, not only It is admitted, even by those who are strongly opposing this of those who are interested in the manufacture and sale of oleo bill, that those who are engaged in the business of selling oleo margarine and those who prefer it as an article of food to pure margarine are constantly violating the provisions of the existing butter, but also to enlist in the opposition those who still believe law, and it is their contention that this does not apply to the in maintaining the reputation of the American cow and of hold manufacturer. What, now, is the purpose of the notice or circu ing her in that high esteem that she has from time immemm-ial lar sent out by Moxley to his customers, but to advise them that .gained in the barnyard of every well-regulated household. he will provide oleomargarine in any color that they may desire, I am not able to give the exact language of the gentleman from ·so that it will correspond with the color and particular tint of Ohio [Mr. GROSVENOR], but he stated, in substance, that if the the butter that is placed on the market in the several communi bill should pass and become a law it would result in removing the ties where the oleomargarine is to be shipped and sold? True, prejudice now existing against oleomargarine, and create a taste the purchaser, when he buys from Moxley, knows that he is buy among our people in favor of the product, and in this way build ing oleomargarine, but when Moxley gives them this informa up a great industry that would, in the end, afford a strong com tion and ships them the oleomargarine he does so for the pur petition in the markets of the country with the dairy interest. pose of enabling his customers to violate the law. And to add emphasis to his remarks, and that they might pro He prepares the spurious article with the view of reaching the duce the desired effect, he took occasion to say to those who are consumer through the deception practiced by him, and he doesit here supporting the pending measure on the floor of the House for the purpose of extending his own trade, and for that reason that when the dairy interest shall have been driven from the field is just as guilty of the fraud committed as the party to whom he of operation by the competition of the oleomargarine manufac ships his pl'Oduct. He, as well as the other manufacturers of turer their constituents would reproach them with their want of oleomargarine, rely on the fact that in order to secure a market foresight in not discovering the results that would follow such for their product they must keep in pace in coloring and appear legislation, and that instead of gaining their good will they ance with the various tints of butter in the communities where would incur the displeasure of their constituents for supporting the article is to be sold. They realize that without this there a measure from which such dire results would follow. Argu will be no sale, or comparatively no sale of their product. This is ments of this kind ought to be convincing to the ordinary mind. dlainly disclosed in the argument of the gentleman from illinois They cover every range from one extreme to the other, and are [Mr. FosTER] when he says, in reference to the purposes of the made evidently upon the theory of the old saw, '' Pay your money bill under consideration: and take your choice.'' There would be no objection to this plan if the people would buy the un colored, but they will not. For some reason~ partly from pride, perhaps, but This kind of argument reminds me of the argument I heard a mostly from prejudice,_people want their outter, or whatever they use in number of years ago in a trial of a cause, wherein a fellow was place of butter, to be yellow. being tried on a charge of larceny in stealing coal from a railroa 1 How has this habit grown up among the people, may I ask, that fiat car. It was claimed that he took a large lump of coal onto they "want their butter or whatever they use in place of butter his shoulder and carried it away from the car, and for this cause to be yellow?'' It is because it is the natural color of the product the prosecution was instituted. Two young attorneys were en of butter. It is the habit, I will admit, that has grown up among ~aged in the defense, and somewhat in the line of the arguments the people, because yellow, in varioUB tints, is the natural color of m opposition to this bill, it was thought, by the attorneys, that it butter. · Good pure butter made from cream, yellow in color, has was necessary in order to establish their defense to cover every been used by the people for many generations, long before the 'theory in the case. production of oleomargarine was thought of by anyone, and the One of the attorneys in his argument urged to the jury that the people have become so attached to it that they desire the pure defendant was so short that it was impossible for him to take such article, and they desire to obtain an article that they know to be a large lump of coal down from the car onto his shoulder and pure, and for that reason they are opposing the proposition to carry it away, while the other attorney urged that the man was so permit oleomargarine manufacturers and sellers to palm off on tall that it was impossible for him to take so large a lump of coal them a spurious article as butter. The gentleman from Illinois from the car up onto his shoulder and make away with it. The [Mr. FosTER] says "that there would be no objection to the plan jliry took a conserv-ative view of the matter and convicted the proposed by the bill if the people would buy the uncol01·ed article, fellow. So we believe it will be in this case-the House will take but they will not." This is a strong reason why the bill is op a conservative view of the arguments, pursue an intermediate posed. It is also a strong reason why it should be passed. course, adopt the provisions of the bill, and pass it-and we be This is true, because the oleomargarine makers and sellers must lieve the country at large will take the same view and approve depend upon the reputation built up among the people of 'this coun their action .. try for pure butter for the sale of their spurious article. When not · Coming now to another point in the discussion, I Will call at made in imitation of pure butter it has not the support of that repu ·tention to the arguments of the gentleman from New York [Mr. tation, and is, as is admitted by the gentleman from Illinois, discred WADSWORTH] , chairman of the Committee on Agriculture. He ited by the people and will not be bought on the markets by them. made the following statement the other day in his address before The gentlemen opposing this bill have entirely failed to explain the House: upon what theory they base the demand that the oleomargarine I oppose it- people have the right to claim and appropriate to themselves and Referring to the bill of the_majority- rely for the sale of- their article on the reputation built up for by the dairy business of the country. I submit that because it punishes the manufacturer for a fraud committed, not by him, themselves mark you, but by the retail dealer in butter. He is the man who commits there is no theory upon which such contention can be successfully the fraud complained of. He buys the oleomargarine from the manufacturer maintained. Yet it is this that lies at the foundation of the op in wholesale quantities. He takes it to his shop and takes it down into his position to the pending measure for the purpose of extending cellar. You go there and want to buy a pound of butter, and he scoops you out oleomargarine and sells it to you for butter. This is the fraud, and fmud their trade. should be stopped, and that is the purpose we .have in view i~ ~he minority Let me now call the attention of the House to another point in bill. The manufacturer should not be punished. No additional burden this discussion. I desii·e here to examine some of the statements should be put on him when he is not committing a dishonest act. in the minority report of the Committee on Agriculture. The Now, Mr. Chairman, right by the side of this quotation, I desire minority report makes this statement: to read a notice sent out by Mr.W. J. Moxley, of Chicago, Apri15, It is charged, and doubtless truly, that the present law is violated by un 1899, directed to the trade. It will be remembered that Mr. Moxley scrupulous retailers. was one of the principal oleomargarine manufacturers of the conn And without being very far from the truth it might well say try, and we may take the course pursued by him as the general ., that the present law is violated by all retailers," and still go ·course pursued by the manufacturers of this article generally. one step further and say that the manufacturers, for the pm-pose Mr. Moxley is one who has taken, perhaps, as active an interet of extending their trade, place it in the power of the retailer to in opposition to legislation of this kind as any other manufacturer violate the law and aid and encourage them in so doing. 'of the article. His notice is as follows: The minority report further goes on to state: NOTICE TO THE TRADE. . .In ~ncl~ion, ~he .members of the Committee on Agriculture who have Inclosed find a color card which is as nearly the color of our butterine as Jomed m t.his mmonty report beg to assure the House and the country in printer's art can represent. Our aim in sending you this card is to enable the most solemn manner :possible.; that it has been their earnest intention and you to select the proper color suitable for your trade. Mistakes are easily is now their determination to ao everything possible to be done to enforce made, but hard to remedy. -the sale of oleomargarine as oleomargarine and to prevent its sale as butter. · In nearly every section of the country there is a difference in the color of To prevro:tt fraud and not to impose or hamper a legitimate industry has butter, and even in certain seasons of t:he year there is a. change, a.s you will been and IS our purpose. ha.ve noticed. In winter butter is of a. lighter color tha.n in summer. In many sections this is the result of a difference of the feed of the cattle. We And to that end, as they claim, the ~ority submit, with the can give you just what you want at all seasons, if we know your require- report, a substitute bill. 1902. CONGRESSIONAL RECORD-HOUSE. 1543 It is a rule, I believe, applicable in both legal and moral ethics, From this it is quite evident that the Supreme Court in using that successfully to attack any e'Vil that has become strong or the term "original package " with reference to interstate com prevalent is to strike at the root of it. Remove the inducement merce- has reference to the package as formed and made up when to commit the wrong and a remedy will speedily follow. I am it comes under the jurisdiction or protection of the commerce not here to deny or disguise the fact that this is one of the pur clause of the Constitution; that is, to its form when it was put in poses of the measure now under discussion. process of transportation from one State to another. Then, and Both sides of this question agree that unde-r the present law not till then1 it becomes an article of interstate commerce. frauds are committed. Both sides agree that additional legisla Under the principles announced by these decisions and the ex tion is required to prevent this fraud or to reduce it to a mini isting laws of Congress for the regulation of commerce, when the mum. But the division comes in the character of the legislation manufacturer puts up his product ·in small packages, and then, to be enacted to bring about this much-desired resnlt. Nearly for convenience of shipment or for other purposes, puts up the all the discussion had on this question has been confined to the small packages in crates, boxes, or barrels, and in this form puts bill reported to the House by the majority of the committee, to its them in process of shipment into another State for sale, it comes purposes, and to the probable influence that it will have if enacted within the purview of and remains under the protection of Fed into a law. eral law until these commercial packages are broken, and when · Let me here examine some of the provisi<>ns of the minority that is done the small packages comprising the larger ones be bill and point out what seems to be its purpose and what effect como subject to the laws of the· State to which they have been it would have on existing law and existing relations between the consigned. This interpretation of the law defining an'' original Federal Government and the people of the several States if it p~kage" is sustained by the decisions of the Federal circuit were enacted into a law. Ct urts and by the sup1·eme courts of a number of the States, and Section 6 of the substitute bill provides: the principle is recognized by the Supreme Court of the United That an oleomargarine shaJl be put up by the manufacturer for sale in States, and no court, so far as I am advised, sustains a contrary packages of 1 and 2 pounds, respectively, and in no other or larger or smaller doctrine. package; and upon every print brick, roll, or lump of oleomargarine, before With this view of the law .before us, the motives for the mi being so put up for sale or removal from the factor¥, there sh:.ill·be impresEed b:v the manufa.ctuNr the word "Oleomargarine" m sunken letters, the size nority amendment become quite apparent. of which shall be prescribed by regulations made by the Commissioner of In The States now have the authority, within their own jurisdic ternal Revenue and approved by the Secretary of the Treasury: that every tions, to control or prohibit absolutely the manufacture or sale of such print, brick, roll, or lump of oleomargarine shall first be wrapped with paper wrapper with the word "Oleomargarine" printed on the outside oleomargarine in any form, whether it be colored to look like but thereof in distinct letters, and mid wrapper shall alSo bear the name of the ter or whether it be entirely without colorationt except where its manufacturer, and shall then ba put up singly by the manufacturer thereof sale is protected as an article of interstate commerce. in such wooden or paper packa.ges or in such wrappers and mll.l'ked, stampad, and branded with the word "Oleomargarine" printed thereon in distinct let Under existing law the commercial packages, made up of the ters and in such manner as the Commissioner of Internal Revenue, with the 1 and 2 pound packages, as proposed by the minority amendment, a.ppro.-al of the Secretary of the Treasury, shall prescribe, and the internal could be put up by the manufacturers and transported by them revenue stamp sh:ill. be affixed so as to surround the outer wrapper of ea.ch 1 and 2 pound package. into another State for sale and sold there without hindrance from State authority, except as the State may control or prevent its . This seems to be very preeise in its statements, and it does not sale in the exercise of its power of police regulation; but the mo sound very bad on casual reading. But the serious objections to ment the package- is broken open and the 1 and 2 pound packages this part of the bill are not so much to the provisions here quoted a1·e offered for sale, they become subject to the jurisdiction of the as to the company surrounding them. • If these provisions wel'e State law. incorporated into the majority bill as a means of identification This is the pomt that the amendment to the bill seeks to avoid. and as evidence of the payment of the tax required to be paid on Not only to avoid this, but to have Congress, in the exercise of its the colored article, speaking for myself alone, I do not know that constitutional power to regulate commerce between the States, I should seriously object. But the joker follows and is contained define the package of commerce, or "original package," as it has in the proviso which declares: come to be known, as it applies to the shipment of oleomargarine, Provided, That any number of sueh original stamped p_ac1rages maybe put and instead of authorizing the sale in the " original packages " -up by the manufacturer in c:rates or boxes, on the outside of which shall be only~ as defined under existing law, to extend our interstate :ma1·ked the word' Oleomargarine," with such other marks and brands as the Commissioner of Intei-nal: Revenue shall, by regulations a-pproved by commerce laws so as to authorize its sale in broken packages as the Secretary of the Treasury, prescribe. well; to authorize the sale of oleomargarine in broken packages. Retail dealers in oleomargarine shall sell only the original package to uninfluenced by State law. But this is not the only purpose. of which the tax-:pa.id stamp is a:ffi.x.ed, and shall sell only from the original crates or boxes m which they receive the pound or 2-pound prints., bricks, the minol'ity amendment. rolls, or lump ; which sa.id crates or boxes shall be at all times so placed as In the case-of Plumley v. Massachusetts (155 U. S., 462) it was to expose to the customer the mark or brand affixed thereon .by the require held that a statute of Massachusetts, preventing absolutely the ment of this act. manufacture and sale of oleomargarine in that State when arti What is the evident purpose of this proviso? It has a meaning, ficially colored so as to cause it to look like butter! but permit and it is a deep one. Is it for the purpose of preventing fraud or ting the manufacture and sale of oleomargarine fi·ee from color deception? No. Because the moment these packages go into ation or ingredient that causes it to look like butter, is not in the hands or the cellars of the dealers, they can remove these conflict with the interstate-commerce clause of the Constitution. stamps and wrappers and pack the oleomargarine in tubs and fir By this decision of the Supreme Court it was held that oleomar kins, and then place it on the market as butter just as conven garine colored in imitation of butter and shipped into Massachu iently as they are now doing! and without any greater liability to setts from another State became subject to the laws of Massa detection than exists under the present law. But the purpose chusetts on its arrival in that State. of this section of the substitute. taken in connection with the The minority bill, if adopted, would be an exercise of the power proviso, is to place the traffic in oleomargarine under the protec of Congress under the Constitution to regulate- commerce, and it tion of the interstate commerce clause of the Constitution and to would nullify the rule established in the Plumley case, and au take away from the several States the power they have under thorize the sale of the colored product as well as the uncolored, existing law to control its sale when transported from one State and that, too, in the broken packages, in the face of any prohib into another. itive statute of the State. Now, Mr. Chairman~ let us proceed to examine briefly some of In the exercise by Congress of its authority to regulate com the decisions of the Supreme Court of the United States on this merce between the States it may declare what articles are subjects question. of commerce. It may declare how shipment shall be made, and In the case of Leisey v. Hardin (135 U.S., 100) it was held that make such regulations governing the form and size of commer any article of commerce transported from one State into another cial packages and how they shall be put up and transported as in came under the protection of the commerce clause of the Consti its wisdom may seem proper. .tution, and that the shipper or consignee had the- right to sell it Were it not for the high standing of the members of the Com ·in the unbroken " original package " in which it was shipped. and mittee on Agriculture who signed the minority report, after an that such sale could not be controlled or prohibited by State law. examination of their substitute amendment, I should be inclined In that case it was not determined what constituted an "origi to believe that, coupled with their purposes, so positively asserted, nal package " of commerce. But in the case of Coe v. Errol of '' their determination to do everything possible to be done to (116 U. S., 517) it was held that when goods, the product of a enforce the sale of oleomargarine as oleomargarine and to prevent State, have begtm to be transported-that is, when they have been its sale as butter" there was a further purpose, not so positively put in process of transportation from one State to another-and not asserted, but as plainly apparent, to give to the oleomargarine till then, they become the subject of interstate commerce, and dealer a field of operation freer from State control than prevails as such become subject to national regulation, and cease to be under existing law. But it would perhaps be su:fficient answer to under the control of State laws. this! to consider the fact that the minority amendment is only a This principle was affirmed in the case of Kidd v. Pearson (128 paper proposition, without any expectation that the good sense of ,u.s., 1). theAmericanpeoplewilleverconsenttoitsbeingenactedintoalaw. , , I ·I 1544. CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10, The Congress of the United States has not exercised its powers the House during the Fifty-sixth Congress> which is equally ap under the Constitution to regulate interstate commerce as it ap plicable to the pending bill, and expressive of some of my views plies to the transportation and sale of oleomargarine, nor does the relating to the same: bill under consideration contemplate such regulation. It leaves "This decision is based upon the principle that the statute of the jurisdiction of the State and Federal Governments over the Massa-chusetts, which contains provisions similar to the statutes control of the interstate transportation and sale of the article just of many of the other States, was enacted for the purpose of pro where it is placed by the Constitution as defined by judicial con tecting its citizens from deception and fraud; and it rec.)gnizes struction being, uninfluenced by Federal legislation. the fa-ct that the manufa-cture and sale of oleomargarine, when But in the minority bill, if it be enacted into legislation, is an artificially colored in imitation of pure butter for the purpose of exercise of the constitutional power of Congress to regulate com making it appear like butter and to induce its sale as such, is a merce; and in that regulation the package of interstate com fraud upon the public which the legislatures of the several States merce, or, in other words, the " original package," of commerce have the right to prohibit by proper legislation. is defined; and it is defined to be the 1 and 2 pound package, ''While the laws of these States prohibiting the sale of oleomar put up for the protection and benefit of the retail trade. This garine when colored in imitation of butter have been sustained takes away the power of the State to control the retail trade of by the Supreme Court of the United States as within the power the article after the shipment of the package into another State reserved to the several States under the Federal Constitution, they and the package as transported has been broken-a power that the have proven entirely inefficient to accomplish the purpose designed States now possess under existing law as declared by the courts. by their enactment. What say you. on the other side of the House, who are constantly * * * * * * * crying out aloud against every measure that can by any means '' The manifest purpose of this bill is to secure the cooperation of be construed into a purpose of taking away any of the rights of the State and Federal authorities to prevent the fraudulent manu the States that they now possess? Will you support a measure of facture and dealing in oleomargarine; to protect the public, who this kind? Have you so far changed your'' spots" that you are desire a pure article of butter, as well as the butter makers against ready to abandon a theory that has been the anchor of your political fraud and deception, and to require that olemargarine, when faith for generations, and say, now that so far as the protection placed on the market, stand on its own merits as oleomargarine of the reputation of the cow is concerned, we will yield gracefully and not on the reputation of pure butter. our preconceived ideas of State authority to the Federal juris diction? * * * * * * * While we all believe that additional legislation is necessary to " Oleomargarine is a much cheaper article and can be produced prevent fraud in the sale of oleomargarine, let us be practicable at a much less cost and put upon the market at a much less price and adopt a measure that will strike at the root of the evil and than genuine dairy and creamery butter. The object of this sec enact into law the pending measure before the House. tion is to adopt this as a revenue measure by the General Govern The gentleman from illinois [Mr. FoSTER], in the course of his ment, and as an incident to this measure to prevent the manu remarks against the pending bill, refers to the opinion of the facture and sale of oleomargarine when artificially colored in Supreme Court of the United States in the case of Schollenberger imitation of butter, or to place such a tax upon it that when v. Pennsylvania (171 U.S., 1), and quotes from the opinion in placed upon the market the actual cost of doing so to the pro that case that " oleomargarine had become a proper subject of ducer will be as great, or nearly as great, as the cost of making commerce among the States and foreign countries,'' and then goes or manufacturing and placing upon the market pure butter; or, to on to say: state the proposition in other words, it proposes to require the oleo Yet in the face of this decision of our highest court it is now coolly proposed margarine manufacturer or dealer to pay a tax on oleomargarine by the promoters and sponsors of this bill to wipe out the entirely proper and legitimate industry of the manufacture and sale of oleomarga..riml. And why? colored as butter large enough to raise the expense to the pro This is not stated in the bill, but in the reports and remarks on the subject of ducer equal to the expense of producing pure butter or to rely oleomargarine is referred to as an "adulterated article of food." for a sale of his product upon its actual merits without decep It is a sufficient answer to the gentleman to place alongside of tion or fraud in artificially coloring it to resemble pure butter the quotation from the Supreme Court in the Shollenberger case and then selling it on the market as such. and the vigorous remarks of the gentleman the following quota " If the bill now pending becomes alaw, it will leave the oleomar tion from the same court in the case of Plumley v. Massachusetts, garine dealer and manufacturer the right and privilege of manu which was also an oleomargarine ca~e: facturing and selling their product upon the market without Says the court- restriction, except the payment of a tax of one-fourth of 1 cent It will be observed that the statute of Massachu!.'!etts which is alleged to per pound; and all those who desire or prefer to use oleop1arga be repugnant to the commerce clause of the Constitution does not prohibit the manufacture or sale of all oleomargarine, but only such as is colored in rine instead of pure butter, because they may think it better or imitation of yellow butter produced from pure, unadulterated milk or cream cheaper than butter, will have the opportunity of buying it at its of such milk. If free from coloration or ingredient that "causes it to look real and actual value and price. The oleomargarine in its natural like butter " the right to sell it " in a. separate and distinct form and in color is as palatable and as healthful as a food product, and it . such manner as will advise the consumer of its real character," is neither re stricted nor prohibited. It appears in this case that oleomargarine. in its may be as handsome in appearance as genuine yellow butter, but natural condition. is of a light yellowish color, and that the article sold by the when it does not have the coloring the opportunities for deceiving accused was artificially colored in imitation of yellow butter. Now, the real object of coloring oleomargarine so as to make it look like the public and realizing the profits by reason of the reputation of genuine butter is to make it appear to be what it is not, and thus induce un creamery butter are removed. The proposition that this is a wary purchasers who do not closely scrutinize the label upon the package proper subject of legislation in the intere ts of honest and legiti in which it is contained to buy it as and for butter produced from unadul· mate trade, so far as applies to dairymen and butter makers and terated milk or cream from such milk. The suggestion that oleomargarine is artificially colored so as to render it more palatable and attractive can only also to the public who desire to use dairy products, can hardly be mean that customers are deluded by such coloration into believing that they controverted. are getting genuine butter. "It is claimed by those who oppose this bill that the manufac If anyone thinks that oleomargarine not artificially colored so as to make it look like butter is as palatable or as wholesome for pm-poses of food as pure ~re ?f o~eomargarine has g_row;n to be a ~reat industry, and that, butter, he is, as already observed, at liberty under the statutes of Massachu if th:is bl.¥ becomes a la'Y, It _will ma~nally affect this _industry setts to manufacture it in that State or sell it there in such manner as to in· and rmparr the large capital mvested m the oleomarganne busi form the customer as to its real character. He is only forbidden to practice in such matters a fraud upon the public. The statute seeks to suppress false ness and throw many people engaged in that business out of em pretenses and to promote fair dealing in the sale of an article of food. It ployment. If we admit this to be true, it presents no argument compels the sale of oleomargarine for what it is to prevent its sale for what against the bill, but rather sustains the proposition that the bill it is not. Can it be that the Constitution of the United States secures to anyone the ough~ t? be passed. There is nothing in the bill that impo es any privilege of manufacturing and selling a.n article of food in such a. manner as restriction on the manufacture and sale of oleomargarine with its to induce the mass of the people to believQ that they are buying something natural color, except the tax of one-fourth of 1 cent per pound which in fact is wholly different from that which is for sale? Does the free dom of commerce among the States demand a recognition of the right to an~ to. this tax there seems ~ be but little objection.. If the only practice deception upon the public in the sale of any a.rticl~\ even those that obJec~ons made to the bill were confined to this provi ion, may have become the subject of trade in different parts of me country? speaking for myself alone, I should be willing to see this provi If the gentlemen who are opposing the pending measure, and sion stricken out. who have been copious in their quotations from the Supreme "Under the second section of this bill the manufacturer of oleo Court of the United States respecting the manufacture and sale margarine, with the exception of the small tax impo ed has the of oleomargarine as a proper product for food and interstate same freedom to manufacture and put his product on th ~ market commerce, are willing to take the opinion of that court as ex as and for olemargarine as the dairyman has to put his product pressive of the true moral phase of the question involved in such on the market as and for pure butter. But this is not what the legislation as is proposed by this bill, then I would most earnestly oleomargarine man~acturer wa;nt~. He wants to put his prod commend them to a careful reading of the opinion of that court uct on the mark~t Wlth.out restnction, not as oleomargarine, but in the Plumley case. as and for genmne darry or creamery butter; and his objection In conclusion, I desire to read an extract or two from remarks to the bill arises from the fact that it requires him to pay the tax made by me when the Grout bill was under consideration in of 10 cents per pound when it is colored in resemblance of butter, 1902. CONGRESSIONAL RECORD-HOUSE. 1545 and in this way raises the expense of putting his -product on the Turn to pages 32 and 33 of the hearings, and yon will find that market up to the price of creamery butter. This removes the Mr. ScoTT, of Kansas, asked ex-Governor Hoard this question: opportuirity for large profits. The butter dealer sell-s his product I was simply asking whether this bill would ba demanded if, after its pas for what butter is actually worth on the market. The oleomar sage, just as much oleomargarine would be manufactured and put on the garine dealer wants the privilege of selling his, not for what it market as is now manufactured and sold? is actually worth on the market as oleomargarine, but for the To which Mr. Hoard replied: price that butter brings on the market. The fact is, there is not In that case, sir, I would come before Congress and demand a still higher now and never has been a market price, open and public, for oleo tax. margarine between dealers and consumers. It has never been put From which reply, Mr. Chairman, it will be seen what is the on open market as oleomargarine. The evidence taken before the real purpose of the most distinguished advocate of the bill out committees of Congress plainly establish the fact that it would not side this Hall. find purchasers if offered for sale as oleomargarine. It is therefore He and his have decreed the death of the oleomargarine indus put on the market as butter and at butter prices. try. If this outrageous bill will not do the deed, he will come '' It is further urged that oleomargarine is a healthful food prod and demand a rate of taxation that will destroy it. net and can be produced much cheaper than butter, and that those There seems to be some dispute about the statement of Mr. who desire to buy the cheaper article ought to be permitted to do Adams, the pure-food commissioner of the State of Wisconsin, so. We may admit this to be true. But the fact remains that but he is reported in the hearings of the last Congress to have the pending bill does not attempt to impose restrictions on the said, and Mr. W A.DSWORTH, of New York, and Mr. WI.LLIA..MS of manufacture or sale of oleomargarine as such, but on the con Mississippi, both honorable and intelligent men, affirm that he trary it requires that it be designated as a distinctive product, so did say, that the purpose of this bill is to drive the oleomargarine that those who desire it may have the genuine article, without manufacturers out of business. coloring to resemble butter, at oleomargarine prices. If uncol But there is still another witness to the purpose of this bill, one ored, all chance of deception and fraud is removed, and the party Knight-an errant knight, it seems to me-who went on record who wants to buy the stuff at its a-ctual value will have the priv with this statement: " We have a remedy almost at hand which ilege of doing so and will get a cheaper food product for what it will eliminate the manufacture of this article [oleomargarine] is worth; but when colored to resemble butter, and sold as butter, from the pure-food product list." he must pay butter prices. Oleomargarine colored in resemblance Knight, from his obscurity, speaks frankly what the eminent of butter is not sold at oleomargarine prices, because that would ex-governor of Wisconsin fears to say but evidently wishes to ac disclose its identity and destroy the demand for it as a butter." complish. Clearly, sir, the purpose of the bill is to desb·oy one Mr. SLAYDEN. Mr. Chairman, after the magnificent argu honest American industry and to build up another at the expense ment of the gentleman from Missouri [Mr. COWHERD], and the of the consuming public. It is a frank assault upon one useful clear and unanswerable reasoning against the enactment of this and beneficent article of commerce by another which was honest bill by the gentleman from Ohio [Mr. GROSVENOR], and the and beneficent until it conceived and promoted this scheme of equally strong protests of other gentlemen there remains little to robbery. be said. I would not consume the time allotted to me if I did not CAREER OF DISHONESTY AND HYPOCRISY. believe that I would sin against the people who sent me here if I The legislative career of this bill has been marked by dishonesty remained quiet while they were being robbed. and hypocrisy. It first demanded the repression of the manu I have sat through this debate for several days and listened, facture and sale of oleomargarine as an unhealthful food. The with more or less patience, to what has been said on both sides of common sense of the people who consumed it and the learning of the question. I have heard many excellent reasons advanced the ·scientific men who examined it drove them from that posi why this piece of selfish and flagrant class legislation should not tion. It was necessary to have a new shibboleth, a battle cry be enacted, but, with all due respect to my friends who support which would not make them absurd every time they uttered it, it, nb adequate reason for its passage. and so they took up the cry of fraud. _ Parrot-like, they have all gotten up and shouted, " Fraud! " and Had there been any truth in their otiginal contention that oleo . ..· ... then ignored the minority bill, which would cure the fraud of margarine was unwholesome, it was the duty of government which they complain, if fraud there be. State and national, to forbid its manufacture, not to regulate its Like Gratiano, they" speak an infinite deal of nothing. Their sale. reasons are as two grains of wheat in two bushels of chaff. You Evidence taken by committees charged with the investigation of shall seek all day ere you find them, and when you have them this article of food, the testimony of witnesses who know the con they are not worth the search.'' ditions under which the butter of commerce and the oleomarga rine of commerce are made, shows that the latter is not only as THE PURPOSE OF THE BILL. wholesome as the best butter, but cleaner than any but the best This measure has been before Congress for some years, and yet butter. members of this Honse and others are disputing as to its purpose. It being established by the testimony of competent witnesses The gentleman from Connecticut [Mr. HruntY] says that his that it is as wholesome and as clean as well-made butter, I am purpose is to prevent the fraudulent sale of oleomargarine as moved to ask what quarrel any man can have ~ith this excellent butter, but slyly and aside he admits a pressure from certain food which modern science has given us? Wyndham County dairymen, who I suspect care much less for It is a question of color. They tell us that it is colored in imi the alleged fraud than they do for an advancing butter market. tation of butter. They all hark back to the same feeble, foolish By looking at the writings and the speeches of the real authors cry of fraud in color. of the bill, by studying theiT testimony before the committee, we Why are they not frank enough to say that whatever deception can form a correct estimate of their purpose in proposing and there is in coloring is practiced by both? pushing it. When this bill was under discru.sion in the Fifty-sixth Congress Certain manufacturers of butter have been here urging the one dairy orator said that it was a fraud to color oleomargarine adoption of the majority report and the passage of the bill. Read yellow, but a proper thing to color butter yellow. This privilege the hearings carefully, and it will not take you long to learn that to practice fraud is claimed as a right by the dairymen. It is this pretended desire to suppress fraud is the rankest humbug. what ex-Governor Hoard, of Wisconsin, poetically calls the They are not concerned for morals. They have no antipathy to "copyright of Almighty God." counterfeits, because they themselves are counterfeits. What PROTECTION GONE MAD. they want is a bill in the interest of their dailies, a bill which will compel consumers to pay more for their products, a bill which This bill marks a distinct and dangerous step in the policy of takes the dollars out of one man's pockets and puts them into the protection. It is protection gone mad. pockets of another man. A star witness for the advocates of this Hitherto the advocates of the peculiar and selfish system of bill, a special pleader of eminence and ability, is an ex-governor of taxation known as the protective policy have been content to get such advantages for their favorites as could be had under the Wisconsin, whose examination by ~fr. WILLIAMS demonstrated unusual ability in evasion. His mental agility while pleading for pretense of raising revenue for the support of the Government. moral butter markets, and incidentally for the protection of his But here it is unblushingly put forward in all its hideous naked own butter farm, commands my profound respect. ness. It has the one virtue of being unmasked. The bill, re Rarely could the most ingenious cross-examination elicit a frank duced to its final analysis, is protection individualized, specialized. answer to a simple question. Clever man though he is, it seemed NOT A REVENUE MEASURE. , impossible to make him understand that if it is sinful to color The authors of the bill do not expect to raise public revenues wholesome oleomargarine into the semblance of yellow June but by its enactment; they do not even claim that it is intended to t.er, it must also be wicked to color wholesome white butter into put money into the public Treasury. They are far too clever for the semblance of yellow butter. He could not be persuaded to that. admit that both would be frauds intended -to deceive the con They realize that they would be in a-ridiculous attitude before sumer for the greater profit of the seller. the country if they were, at this time, to propose a bill to increase 1546 OONGR,ESSIONAL RECORD-HOUSE. FEBRUARY 10, the income of the Government-already collecting 100,000,000 had cut down the yield. So in neither event have they made a year more than an extravagant Republican Congress will or money. can spend. Yet you propose a tax, not desirable for revenue, which will There were 1,500,000,000 pounds of butter made in this coun add another burden to the cotton planter. ~ try during the last fiscal year, and 107 000,000 pounds of oleo Is there any reason in decency or morals, or in the teachings of margarine. Thus, you will see, 1 pound of the already heavily the Democratic fathers, I will say to those of my own political taxed oleomargarine is scaring the life out of 15 pounds of the faith, for this piece of vicious class legislation? dairy product, and the latter has evoked the power of the Gov .A. DANGEROUS PRECEDE..'ff. ernment for repressive taxation. Once started, who can tell where this sort of legislation will Suppose half of the 107,000,000 pounds 'Of oleomargarinE~ pays end? I do not know whether when it comes from the mill, and to the Government a tax of 10 cents a pound, the result will be before it reaches the refiner, there is any difference in the appear to put into a Treasury which does not need it, which the great ance of cane sugar and beet sugar, but in the minds of many peo Committee on Ways and Means tells us they do not want, some ple there is a prejudice in favor of the product of the cane and $5,000,000. That much more money will be taken eachyearfrom against that of the beet. I also know that the latter is rapidly the pe~le who do need it and turned into a Govel'Iliilent which dividing the markets of the country with the former. does n During the delivery of the foregoing remarks of Mr. SLAYDEN body to give their cause a fair hearing. If there be any class the Chairman, at the expiration of ten minutes, said: The time among the millions of our people who deserve to be heard -upon of the gentleman from Texas [Mr. SLAYDEN] has expired. this floor, and whose needs and requests should be heeded, it is Mr. SLAYDEN. Mr. Chairman, how much time have I occu the farmers of our land. They are the mainstay of the country; pied? I had ten minutes originally, and the gentleman from New why, it is even by their labor that we live and move and have York [:Mr. WADSWORTH] told me that he would yield me ten our being, for, sift the whole fabric of society, the whole ques minutes more. tion of material life, to the foundation, and we find, after all, The CHAIRMAN. The time has been shortened one hour. that the farmer is the man upon whom we must all depend. Mr. SLAYDEN. But I had ten minutes in the first place, and There is no more conservative class of people in all our domain afterwards an additional ten minutes yielded by the gentleman than the farmer, and in their conservatism they have been so from New York. disinclined to disturb existing conditions, so moderate in resisting Mr. HOOKER. I ask that the gentleman from Texas be al imposition, and so patient in bearing unjust and unnecessary bur lowed to proceed for ten minutes longer. The speech which he dens that the majority leaders and the protected syndicate mag is making is very instructive. nates look upon them now simply as " dumb, driven cattle," fit Mr. WOOTEN. I wish to ask a parliamentary inquiry. While only to be taxed and expected to vote in accordance with the we were in the House a few minutes ago, a question was raised directions given them through a subsidized press; but, sir, there as to the making up of the time which we had lost on this ques is a limit to their forbearance, and when the sons of toil do be tion by business of the Appropti.ations Committee interrupting this come aroused, then beware of their just wrath and righteous order; and it was ruled that it would be the province of the com indignation! mittee to decide that question. Fifty minutes were consumed Here we have a bill presented, not as class legislation, not to here this morning in the discussion of a conference report; and I create any monopoly, not oppressive or unduly arbitrary, but a ask unanimous consent of the Committee of the Whole that fifty bill to protect the general public as well as the farmer and butter minutes be added to the time allowed for this general debate. maker. The CHAIRMAN. That matter is entirely within the control If this bill was to forbid the manufacture of oleomargarine, if of the House when the committee shall rise. it proposed to place a prohibitory tax upon it, I would vote against Mr. WOOTEN. It ought to be decided now, so that the time the bill; or even if it made butter a favored product, giving it to be allotted to different speakers may be determined. some portion of the protection that other favored products have The CHAIRMAN. The question will have to be settled after received, I should then oppose it; but none of these conditions we get back into the House. erist. We have laws to-day protecting patented products, trade Mr. WOOTEN. I ask unanimous consent that fifty minutes marks, and such like from imitation and infringement, and pub be added to the time allowed for general debate. lic sentiment sustains them. We have laws prohibitirig the mak The CHAIRMAN. The Committee of the Whole can rise in ing of counterfeit money, and the moral sense of the country order that that question may be settled, but it can not be done in upholds the laws, and in this bill now before us it is sought to reg this way. The gentleman from Texas claims that in addition to ulate the business of a crowd-a semitrust-that seeks to spread the ten minutes to which he was entitled he was yielded ten min its product under false colors, and at the expense of the butter utes more by the gentleman from New York [Mr. W ADSWOR'TH]. industry. · Mr. NORTON. Mr. Chairman, Ohio is a State not alone great Now, let us look at the question plainly. What is it that this in agriculture. It has so many and varied industries that to re bill seeks to do? It is simply this-to prevent the manufacture peat them would almost be the recapitulation of all the trades and and sale of an article represented to be butter when it is not but pursuits of man. ter. It places an internal-revenue tax of 10 cents a pound upon Mining, manufacturing shipping by land and by water, horti oleomargarine when it is colored up to resemble butter and a tax culture, and every avocation join with agriculture to make the of only one-fourth of 1 cent per pound upon pure oleomarga Buckeye State one of the leading States of the Union. In my own rine. Is there anything in this that an honest man would object district nearly every industry is represented, and with their varied to? If he is a manufacturer he has the benefit of a difference of interests their wants are many and often confiicting, but upon 9! cents to his favor in the cost of having his product ready for this question I have heard no dissenting voice; all are agreed that the market. it is well to prevent fraud, and I am in favor of the passage of There is no objection on the part of the farmers anywhere to the bill, not simply because the sentiment of the people is favor the manufacture of oleomargarine nor to its sale when it is made able to it, but because I believe it is a wise and just measure. and sold as such, but when it is made in imitation of butter and Truly, one might think, in looking over the actions of the sev exposed for sale behind large signs as ''choice butter" then it be eral Congresses in late years, that the policy of the majority party comes a competitor, with all the advantages of a smuggler over an 1 had been based upon the text ' He that hath, to him shall be given: honest dealer, and a fraud upon the community. and he that hath not, from him shall be taken even that which he There is need of legislation on this subject and along the lines hath." Year after year the "infant" industries have been ''pro laid down in this bill. The committee hearings developed the fact tected'' and fostered by special legislation, favoritism, special priv that out of the millions of pounds of oleomargarine made, only ileges, and monopolies until we have witnessed the most gigantic about 15 per cent of the product was sold to the consumer as combinations of capital, under the control of these favored syndi such, the remaining 85 per cent being sold as butter. Now, if cates and trusts, ever known in the world's history. These organ the oleomargarine people would sell their product on its merit, ized creatures of greed and cupidity have but to send a message as oleomargarine or butte1'ine, then the butter makers would not here stating their wishes or commands, and the Republican complain against their competition; but when this mixture of majority hasten to register their acquiescence in the scheme, no lard, oleo oil, cotton-seed oil, skim milk, and so on, which can be matter how nefarious it may be, but now, when agriculture, sold at a profit at 8 or 10 cents a pound-when this is offered to when the farmer ~ whose labor is at the foundation of all indus the public as butter, then the legitimate butter maker has the tries, comes, not to ask a special favor, not to demand tribute, not right to come and ask that the restraining hand of the law to injure or destroy any proper, honorable, or legitimate indus be placed upon such dishonest and unscruplous makers and try, but simply asks that we raise a bulwark against an encroach dealers. . ment upon the right and just exercise of his business and help We hear again that there is a trust back of this bill; that there him defend himself from a fraud and an imposition that threat is a creamery trust, a national dairy union trust, and all that; but ens his well-being-now when he comes to us asking justice, it is only the old story of the wolf muddying the stream and ac shall he plead in vain? cusing the lamb of doing it. If there is any trust, it is opposed to We hear the criticism that this bill did not originate here in this measure. There are but comparatively few people, only a Congress, but came from the farm. To me that is one of the small number of individuals, who are interested in the factories strong points in its favor. When a bill comes before us bearing which manufacture oleomargarine, but they have plenty of capital the earmarks of the lobby, it is always well to examine it closely and are combining to control the business and also to fight this bill, and put the burden of proof upon its advocates to show its merits. which will, if passed, at least prevent them from adding to the The syndicates, the lords of Wall street, have their agents here immense wealth they have obtained under false pretenses. Yes; continually; they dog one's steps at all hours, demanding indorse back of the opposition to this bill is the cupidity of the few who ment of the legislation they devise and threatening witb their are seeking to become, or already are, a part of the great oleo vengr-:ance anyone who has manhood enough to express an margatine trust. [Applause.] opinic.n and have a will of his own. They have their attorneys It has been well said that there can be no butter-making trust. and an oryanized corps of lobbyists and experts, with money and The field is too broad for such a combination. From the Atlantic influence, w use every means possible to put through their meas to the Pacific, in every State, especially every State north of Mason ures; they-crowd the committee rooms day after day, to secure and Dixon's line, almost every farmer s family is interested in the quick and favorable reports; but the farmers, how about them? manufacture and sale of butter, and these are the people who They can not, and do not, come here to lobby and bulldoze. They make up the great framework of our nation . exercise then· right of petition, and ask us as a representative .There is no mono1>9ly in bu~ter making. ~en in 10,000 homes 'I 1548 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10, in every State butter is made, for home consumption and for sale, moved from the bill before us as not to have even psychological in the aggregate exceeding many times the product of all the connection, yet the history of Republican legislation has shown, creameries and dairy concerns, there can be no monopoly. The over and over again, just such a wiping out of industry after in creameries and the largest butter-making establishment in the dustry for a favored few, and such legislation they will continue. land can only control a limited market, and yon will find that they In a ~hort time they will present a bill to tax the whole country keep the price of their product above that of the domestic article. for the benefit of a few shipowners. No; in the manufacture of butter there can be no great trust or If there is anything in this bill attacking or destroying any in ganized; but in the manufacture of oleomargarine the possibili dustry, then it is an industry based on hypocrisy, adulteration, ties are enormous. There is already a trust in the production of and fraud, and not a legitimate, respectable business. It does the article, and you all know how rapidly a trust will grow, how not attack or wipe out even the oleomargarine business; it only it reaches out into all the avenues of its special line and paralyzes so fixes and regulates the business that the dishonest dealer, the every interest that comes into conflict with its own. violator of law, shall be restrained or feel the penalty for his The objection of my colleague from Ohio [Mr. GROSVENOR] criminal act. that this bill would break down a great industry to build up an Th~re is no demal to anyone of the right to buy, sell. or use other, while not a valid objection or one that can be sustained, oleomargarine, if they choose to do so. It does not deny " to comes with poor grace from such an ardent advocate of laws, the poor man the right to set upon his table a substitute for but tariff laws that have caused the destruction of more interests ter which is attractive in appearance and which does not betray than one can keep count of, laws by which trusts have been built his poverty." There is nothing of the kind in the bill, but it does np, whose grasp has throttled competiti9n, closed out the small prevent the unscrupulous dealer from selling any poor man, or producer, and beggared thousands of laborers and workingmen, any man, oleomargarine when the customer asks for butter ~m.d It is a strange sight-it would be humorous, if the occasion was pays for butter. not so serious-to see this valorous champion of syndicates, trusts, I am a Democrat, and as such I want our country to be guided and every corporate combination stand up and hear him bewail by a policy which will look more to our honor and our good name the terrible results that will happen to this oleo trust if this law than to the dollar. I want the. individual man to prosper and passes and the members of that trust are compelled to sell their also secure tpe greatest good to the greatest number, rather than product under its right name. He well knows the nature of a sacrifice everything to the mercenary greed of syndicates, and, trust, knows the methods by which they act. above all, having honor, integrity, and truth as guide marks we There is not a member of this body but knows of some instance follow in our national destiny, and in saying this I simply voice where by the operation of a trust business has been driven :hom Demqcratic d have been defended ably upon this floor; but there is another ern settler is rapidly breaking them up into small private holdings, who stands behind them both and supports them both, and that and second, because of the consequent overstocking of the ranges is the farmer, the man behind the cow. I know that he does not yet left in the West with sheep and cattle these ranges have been cut so heroic a figure in history as the man behind the gun, but eaten down to the very ground. The exposure of the grass roots he is just as essential to the continued prosperity and perpetuity to the sun and the wind in that dry climate has destroyed the of this country. grasses and has made many of them practically deserts; and, as I remember that in a colloquy between the gentleman from our Agricultural Department has wisely indicated, one of the great Texas [1\Ir. BURLESONl and the gentleman from Kansas [Mr. problems of the future is the reseeding and reproduction of ScoTT] the other day the question was raised as to whether there grasses upon those portions of the a1'id West that can never be was any industrial interest represented before that committee. anything further than grazing grounds. And at least by inference the gentleman fl'Dm Kansas stated that Now, upon that subject I wish to quote from the distinguished there was not. I wish to read here a portion of the speech in Secretary of Agriculture, so practical as he is upon every subject which the gentleman from Texas interrogated him: upon which he touches that is essential to our agricultural popu- Mr. BURLESON. Right on that point, will the gentleman permit another lation: - question? Now, then, the tendency in the South, where they have destroyed the lands Mr. ScOTT. Certaiuly. by perpetual cropping, and the tendency west of the Missouri, in the semidry Mr. BURLESON. Is it not a fact that hundreds of protests were received by belt, where they are destroying the grazing lands by injudicious overgrazing, the committee from labor orga.nizatio.IlB from one end of the country to the is to take a greater interest i:ri the dairY. cow than in the steer, and in the other, protesting against this 1egislation upon the ground that they were the case of settlers who want to raise families out west of the one hundredth consumers of oleomargarine and would be affected thereby? meridian the interest grows every day on behalf of the dairy cow, and with And the gentleman from Kansas said: regard to the production of steers east of the Missouri River on the farms, there is no comJ?S>rison whatever. The small amount of cattle that commerce Such protests, repregenting in the aggregate many thousand laboring men. calls for in making oleomargarine is infinitesimal in value compared with the were received during the la3t Congress and have been published in the hear injury that the growth of this bogus industry will inflict UJ?On legitimate ings that were given before the committees during the Fifty-sixth Congress, agriculture, that requires a dairy cow. Now, Mr. Chairman, I find upon examination of the testimony before this committee that there was a representative of one class In support of my position that the cattle-producing suprema~y of labor in this country, and a very numerous class in a certain and wealth in cattle holdings is rapidly passing to those States industry, and I shall read to the House a part of the statement of that are developing the value of the milk products of their cattle, the president of the Women'slndustrialandPatrioticLeagne, who I have collect€d a few figures from the advanced report of the testified before the committee. This witness, Mr. Chairman, Census Bureau. testified before the committee, and it is not disputed that she was Now, I want to quote from the figures of the Census Depart a representative of industrial women, who are largely consumers ment, showing eight States that are to-day the greatest holders in as well as producers of butter and butterine. What does cattle and which have produced the most material wealth. The she say? first State is the great State of Texas, an empire in itself. The Not until man became a butter manufacturer was imitation of butter conditions are so peculiar in Texas that we have to study that placed upon the market. Butterine was unknown to women, who are case by itself. ,generally honest and opposed to adulterated food products. Texas is so vast in its domain that as yet the home builders I do not believe that there is a gentleman on the floor who will have had to encroach but little upon the ranges, and yet in Texas_ dispute that. And then she states further: already many of the great ranges are being broken up into small The pretty dairymaid is a creature of the past. Man, the adulterator of ranches. The X I T ranch of the so-called Panhandle region has food products, has usurped the place once occuJlied by women who made lately been put upon the market and sold into small ranches, and pure butter for the markets of the world_ Behold the result of man's butter making. We are a. nation of dyspeptics beca.usa of the poisonous compounds eventually Texas Will be so covered with small farms that she used and forced upon the market. There was a. time in the history of our will become in wealth and population what she now is in domain country when it was the pride of every woman to be a good housekeeper, and the Empire State of the Union. the farmers' daughters must be good butter makers, that they might make Mr. KLEBERG. Will the gentleman allow me to say that the eligible matches. But this is a.ll a thing of the past. large ranches of Texas are only fit for raising beef; can never be Therefore,* the* decline in• pure butter* products* has also ·"'affected the "'matri- used for agricultural or dairy purposes. The principal industry monial market, for matrimony has declined 60 J>er cent in the States of New there is the cattle-raising business-the raising of beef. York a.nd Massachusetts alone by ba.chelors who are able to maintain and support wives and families. Thirty-two per cent of the nonma.rrying men Mr. SHALLENBERGER. I have already admitted that the reside in the country and rural districts. I attribute this decrease in matri State of Texas has peculiar conditions confronting it. because of mony by farmers largely because women are no longer a necessary adjunct its enormous extent. and that different portions of the State are to the farmer lads to help them create wealth owing to the existence of the oleo-cotton-oil-soap-fat combine, which has thus deprived many women and subject to different climatic conditions. girls of legal proVIders, and 40,000, These same States are also the greatest sources for our beef past, and after the storm has passed by the farmer will go to supplies, and in practically three-fourths of the other States in work once more to build up the credit which others have pulled the Union and which hold two-thirds of the balance of the cattle down. in the country the cattle industry could not possibly live without Upon the prosperity of our great cattle industry depends the the profit derived from the sale of the milk and the products de prosperity of our great agricultural army-the men who go out rived from it. in the spring and harrow over the broad bosom of mother earth In the Great Plains region east of the Rocky Mountains, where and draw from it in sunshine and rain the w.ealth which nature formerly the steer, the coyote, and the buffalo ranged side by has so generously stored there for man's use. This is an agricul side, there lives to-day a ~opulation of 10,000,000 of energetic and tural country, and will be for generations to come. Our su progressive AmeTican citizens, essentially home builders and premacy as an exportingnationdependsupon our ability to main small farmers. It is a purely agricultural region and always will tain our suprema<:y as an exporter of agricultural products. remain so. The large ranches disappeared before this tide of With the credit of this nation now expanded to an extent never immigration and civilization, ~d the enterprising American before known in all our history of the past; with every dollar of farmer has had to wrestle with the proposition of the production our money rushing through the avenues and veins of commerce of his beef and the maintenance of his cattle upon expensive in effort to maintain undiminished this great flood tide of our grains and forages raised by his own toil, instead of the free prosperity and our trade, the continued prosperity of the man range grasses of the prairies. Practical experience has proven who tills the soil has become the very foundation rock upon that only where grass is cheap and abundant can the growing of which our entire business fabric rests, and which once shattered cattle be profitably maintained if the one source of profit is in the will shake this great industrial, commercial, and wealth-producing production of beef. While the value of the offspring of the cow nation to its very center. CApplause.] is estimated at about one-third of her value for each year of its Mr. CORLISS. Mr. Chairman, the purpose of this measure is growth, the value of her milk product, which requires the labor to elevate the price of a product of a small number of producers of the farmer and his family in its production, is estimated to be to the great detriment of a very much larger numbar of con double that of the value of the animal itself. . sumers. The Government should prohibit the manufacture and The milk and butter industJ.·y has become fundamental, with sale of a product intended for human diet deleterious to health. the beef product as a secondary consideration and corollary This has been done by an act of Congress which compels the thereto. manufacturer of oleomargarine to disclose all material that con There is another point that I wish to touch upon that is raised stitute such manufacture, and it is claimed E1 consequence of this several times during this discussion, especially by the members law that the oleomargarine manufactured in this country is r epresenting large cities and whose constituents are consumers of wholesome food. butter. These gentlemen have asked what value theTe can be in The Government ha-s also assumed to tax this product and to this majority bill to the producers of butter if it does not enhance compel manufacturers to stamp the product, so that the jobber, the price thereof? Its value lies in this: That it will enable the retailer, and consumer may know its character. Beyond this we producers of butter to workout in their line of industry what has should not go. When Iwasa boy upon my father's farm inVer become the most pronounced feature in all successful lines of busi mont, and milked the cows and assisted my mother in skimming ness development in this country, and which has demonstrated the milk, churning the cream, and making the butter, I remember that it is not by high prices that great business profits are now that in the spring, when the cows were feeding upon old hay and built up, but by increasing the volume of business; that increased the butte1· was white, I used to grind up carrots and extract consumption and not increa-se in prices will produce the largest the carrot juice and mix it with the butter, so as to make it look volume of profit. Practically every large and successful indus like fresh grass butter. This was done to meet the resthetic tastes try in this country has been developed upon this principle. of th~ Bostonians to whom my father sold the butter. This is Every great department store illustrates it; our modem mer being done in all the creameries of our country. Why should we chant princes have built up their fortunes because they have take from the consumer the right to have a wholesome food like come to realize it. The greatest industrial organizations of capi butterine or oleomargarine colored like butter? When the Gov talin this country, those which are the producers of staple prod ernment undertakes to control the manufacture of a product for _ ucts in manufacture, owe their wonderful and enormous profits human diet, and by proper laws compels all producers to eliminate that they have directed their lines of energy toward producing from the manufacture thereof everything deleterious to health, enormous sales by the reduction of the price to the consumer as and produces a wholesome article of food, and infoi'IllB the con the principal means w~ereby this end might be accomplished. sumer by a stamp regulation what it is, the duty of the Govern If the volume of real bu~r sold and consumed in this country ment has been performed; and class legislation like the measure could be doubled, the producers of butter could sell their product proposed should not be permitted. at a much lower price to the consumer and yet enormously in I am credibly informed that out in Iowa they have a manu crease their own profit on the product. It is not by the profit on facturing institution producing every year from com and other the individual sale, but by the profit on the enormity of the total materials more sirup, which they sell upon the market as Vermont output that the modem manufacturer and dealer realizes large maple sirup, than is gathered from all the maple trees in this returns in his business. country. They make it to look like Vermont maple sirup and to We shall do well, Mr. Chairman, to consider with great care taste like Vermont maple sirup and even smell like Vermont ma the interest of the small farmer in our action upon this bill-the ple sirup. Why not stop this manufacture and give to the farmers man who, by honest toil and by the aid of his thrifty family, the benefit of a like protection to the producers of real maple sirup? builds up a modest competency to maintain that family and edu The next step after the enactment of this measure will be an army cate his children, and who enters so largely into the great totality of special agents going about the country at the expense of the both of our population and our wealth. people looking for harmful colors in food products. The army of We love to boast of the wealth and riches of this great nation, such special agents is already too large. This measure is unwise now far exceeding that of any other nation upon earth, amount and should be defeated. . ing, a-ccording to the census of 1900, to over $80,000,000,000. We Mr. MONDELL. Mr. Chairman, at this late hour in the dis have the most wonderful mining wealth, great manufactories, cussion of this question I hesitate somewhat to take up the time great cities, and great railroads, yet the wealth of the soil and the of the House. But the gentleman from Nebraska [Mr. SHALLEN products of the farm, which the farmer wrings from it by honest BERGER] ha~ just interjected a new argument into the discussion. toil, exceeds the wealth of all other branches of industry combined. He has appealed to our chivalry, to our hopes for the growth and We like to boast, also, of our great balance of trade that has population of our country by the argument that the oleomargarine grown so great in the last few years that it at once staggers and industry discouraged matrimony and jeopardized the occupation of terrifies the rest of the warld. This balance of trade has made pos the dairy maid. Now, Mr. Chairman, if that be true, it is a force sible our most unexampled prosperity and has added $500,000,000 ful argument for the bill, and it behooves all those who expect to of gold to our stock of money in circulation in five years. vote against it to give good reason to the House for the convic It has now reached the enormous sum of $1,100,000,000 of tion that is within them and some very sound arguments why the money, even enough to buy a modern trust, yet of all this enor bill should not become a law. mous balance, so essential to the continued prosperity of this Mr. Chairman. to me the introduction of this measure marks country, practically two-thirds of it, more than $800,000,000, is the an epoch in the legislation of this country. We have reached result of the farmer's toil. He is heard of but little in matters of that stage in the history of legislation when there is unblushingly legislation, but he has always been ready to support the nation's presented for our consideration a measure which, in the confident honor or credit in time of need. No matter how much you of hope and expectation of its friends and sponsors, will either abso the cities may boat of your wonderful growth and prosperity, lutely destroy or seriously cripple a legitimate industry, and this it is all yet dependent upon the prosperity of the farmer-the unlawful purpose is att-empted to be concealed under the guise of man behind the cow, if you please. Speculators and promoters a revenue measure. Not content with this, the friends of the of water-soaked and wind-blown corporations will bring panics bill propose and contemplate in the third section a meddlesome, and disasters upon this country in the future as they have in the inquisitorial, and tyrannical nosing about by the officers of the 1552 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10, Government into the kitchens and pantries of the nation. Mr. But the gentlemen say they do not wish to stamp out an indus Chairman, it would be beyond all comprehension-- try, but that they dowish to prevent fraud; and still there is not Mr. HENRY of Connecticut. This measure simply reenacts a line or a syllable in the measure brought before the House that the present law, the law of 1886. There is no new feature in it. by any possibility can prevent fraud unless in doing so it abso Mr. MONDELL. There is nothing in the present law which lutely puts an end to a legitimate industry. There is no fraud in would justify the agent of the Revenue Department to invade the manufacture of colored oleomargarine. If there be a fraud in the kitchens of the country to discover whether or not a boarding the manufacture of that article, how do the gentlemen of the house keeper, having purchased uncolored oleomargarine, colored committee justify themselves in attempting to put an end to the it for the use of her boarders. It is · just that sort of petty fraud in the factory and in the retail store and encourage the fraud tyranny that this bill authorizes, though I am not surprised the within the sacred precincts of the home? for under the pro gentleman hesitates to admit it. visions of the bill a man may at his own fireside color oleomar This bill attempts to disguise all of its inquisitorial and tyran garine, and that shall be no fraud; but should he happen to place nical provisions. They are thinly veiled, but they are here never some of the article so colored before a chance boarder he com theless. mits a heinous crime. Now, Mr. Chairman, it would be incomprehensible how ordi Now, there is not a gentleman on the floor of the House who narily well-meaning, honest, broad-minded, liberty-loving gen does not understand that there can be no fraud in the manufac tlemen could bring themselves to support legislation of this ture of this article colored as butter. Selling oleomargarine for character, if it were not for the fact that history furnishes us that which it is not is a fraud and should be punished, and in the with countless examples of how, under the unconscious seduc minority bill an honest effort is made to devise means to stamp tions of considerations of political self-preservation and a sophis out the fraud without attempting to ruthlessly stamp out an try which confuses regulation and repression, equally honest industry. gentlemen have ofttimes in the past brought themselves to I deny that oleomargarine is generally colored for the purpose believe that they were justified in enacting repressive and class of niisleading or defrauding. It is colored for the same reason legislation. I do not imagine that when the present law was that most butter is colored. The butter of June, as one gentle.: passed there was a gentleman in the House who would have ad man has poetically described it, as the product of the wedding of mitted that any conditions could arise which would justify the the sunshine and the luscious grasses of that beautiful month. is legislation now before us. But so it always has been with this of a golden hue. It is the best product of the daii·y. It is the class of legislation. most palatable, it is in every way the most satisfactory product. Mr. TAWNEY. Will the gentleman allow an interruption And as the eye and the palate of men for countless generations right there? have come to accept the color of June butter as a criterion of the Mr. MONDELL. Yes. best product, so the manufacturers of butter the year round have Mr. TAWNEY. I will state for his information that the· bill sought to color the butter made in other months the same color which passed the House in 1886 provided for a tax of 1~ cents a as the butter of June; not with the idea of misleading the con pound on oleomargarine, just as is now proposed by the bill under sumer into supposing that he is eating June butter in December, consideration. but in order to present to him an article which his palate and his Mr. MONDELL. Mr. Chairman, so much the worse for that eye accept as having the appearance of the best product of the legislation. It did not become a law at any rate, so that it is evi ~~ . dent that somewhere in the Congress of the United States there And so when the manufacturers of oleomargarine proceed to were people who did not believe legislation similar to that now the manufacture of an article which is a substitute for butter he before us was justified or justifiabl~. . very naturally, properly, and legitimately, and lawfully colors it But I was going to say, Mr. Chairman, t?at It has always l?een the same color that the farmers and the dairymen color the but thus with legislation of this character, With sl?-illptuary legisla ter of other months than June. tion. Once let the seeds of error enter men's mmds, once let the Now, if the gentlemen who support the majority bill are so idea get abroad that there can be any justification of legislation anxious to stamp out fraud, there would have been some provi which will aid one industry at the expense of another, let there sion in their bill which would have stamped out the fraud with be just a grain of fraud, real or ~ancied, as a balm for sm~'ting out putting an end to an industry. I regret that I can not agree conscience and a ground for spe~Ious ar~ents, and ther~ IS no with the gentleman from Ohio in the belief that this legislation limit to the repressive and tyranmcallegiBlation that men will per will not absolutely destroy the oleomargarine industry. I believe suade themselves is justifiable. it will. I believe that the gentlemen who bring this bill into the The gentlemen tell us that this legislation is intended to pre House have wrought better than they knew, or knew better than vent fraud when the legislation upon its very face is a fraud. It the interpretation they placed on the measure when they pre comes her~ under as false a color as the moonbeam-tinted De sented it to us, because, if I read correctly the last paragraph of cember butter upon which the friends and sponsors of the bill pro section 2, it positively and absolutely prohibits the manufacture pose to place the royal prerogative of a golden_hue. [Applause.] of the article commonly known as oleomargarine. It is brought here as a revenue measure; and still not a man on the The ingredients of that article are well known. According to floor of the House, least of all the friends of the measure, hope or a report of the Commissioner of Internal Revenue, May 14, 1900, expect that it will produce any revenue .. T?ose who hav~ most the following are the ingredients used in the production of oleo urgently pressed its passage expe?t that It will destroy an mdus- margarine in the United States and the percentage of each: try, if we are to take them at the~ word. . . Per cent. Per cent. Mr. Adams, pure food commissi_oner of the State of WISc?nsm, Stearin ______------0. rYT Neutra.llal:dOleo oil ______------26.8234.37 in his testimony before the committee on March 7, 1900, said: Glucose------.03 There is no use beating about the bush in this matter. We wa.nt to pass this Cotton-seed oil______4. 77 Mille ______------15.55 Ia.w and drive the oleomargarine manufacturers out of the busmess. Sesame_-----_------. 53 Salt------7.42 Coloring matter------.16 Butter oil ______1. 76 Charles Y. Knight, secretary of the National Dairy U~on, in a Butter . ____ ------_____ 1. 72 letter to the Virginia Dairyman, dated May 18, 1900, wntes: &1fc!~in======: &. Cream ______------3.86 Now is the time for you to clip the fi!.n~ of the ~gh:ty octopus of ~e oleo It will be noticed that of the ingredients 22.89 per cent are but margarine manufacturers who are rmmng the darry mteres~s of ~co~ try by manufacturing and selling in defiance of law a .spunous ar~cle ~ tet, milk, and cream. Without these ingredients the article imitation of pure butter. We have a. remedy almoat m grasp which will known as oleomargarine can not be manufactured, can not be eliminate the manufacture of this article from th~ food-product list. The chm·ned, will not have the grain and appearance of butter, will Grout bill, n9w pending in the Agricultural Comnuttee of the House of Rep resentatives m Congress, meets the demand. not have the taste of butter, to say nothing of the color of butter. Now, under the provisions of this second section no article can W. D. Hoard, ex-governor ?f "\Yisco~in and president of t~e be used in the manufacture of oleomargarine, except it pay the tax National Dairy Union, stated m his testrmony before the commit of 10 cents a pound, which "causes it to look like butter." Well, tee on March 7, 1900, as follows: these are the articles that make it look like butter, that give it the To give added force to the first section of the bill, it is provided in the sec grain of butter, that give it the taste of butter, that make it a ond section that a tax of 10 cents a -pound shall~ imposed o~ a)f oleomar~ substitute for butter, and under this legislation, in my opinion, rine in the color or semblance of butter. In pl.a.m words, this IS repreSSive taxation. the-se ingredients can not be used, and therefore if any article can And on January 13, 1902, in his testimo~y before the Co:n.mit be manufactured and sold as oleomargarine without paying the tee on Agriculture, Honse of Representatiyes,_ the same Witness, tax it will be a compound of oleo oil and neutral lard that will not have the appearance, the grain, nor. the taste of butter, even replying to the question as to "wheth~r this b~ll (H. R. 9296-or similar measure) would be demanded if, after Its passage, JUSt as white butter, and therefore will be unsalable as a substitute for butter. much oleomargarine would be manufactured and put on th~ mar ket as is now manufactured and sold," said: Mr. KLEBERG. Will the_gentleman permit me a question? : In that case, sir, I would come before Congress and demand a still higher Mr. MONDELL. And as an article of manufacture oleomar tax. garine will be entirely prohibited, f I I I 1902. CONGRESSIONAL RECORD-HOUSE. 1553 Mr. KLEBERG. I entirely agree with thegentleman,-and the Mr. MONDELL. There is no such thing, and there can not be. section provides that same prohibition. The whole intent, object, and effect of the bill will be to stamp Mr. MONDELL. Yes, sir. Now, Mr. Chairman-- out the oleomargarine industry. Mr. OVERSTREET. Before the gentleman proceeds, will he Mr. SIMS. It can not stand the 10 per cent tax? yield to a question? Can the gentleman give any explanation of Mr. MONDELL. It will not andean not stand the 10 per cent the difference in the meaning of the language which is used where tax. it" looks like butter" and that" made in imitation of butter?" Mr. THAYER. I understood the gentleman from Wyoming The section following the one the gentleman has just referred to to say that if this bill of the majority went into effect it would uses the expression '' when made irt imitation of butter.'' Is there absolutely prohibit the manufa-cture of oleomargarine because any distinction in that language? certain articles which he enumerated went into the composition. Mr. MONDELL. I think there is little distinction. Mr. Chair I do not understand-- man; I think the use of either phraseology will prohibit the man Mr. MONDELL. Well, I beg the pardon of the gentleman ufacture of oleomargarine, even of white oleomargarine, because from Massachusetts. I have only ten minutes, and I can not give oleomargarine as a substitute for butter is made in imitation of the gentleman time to make a speech. butter. No one denies that; and it is legitimate to make oleo Mr. Chairman, it is well understood that the creamery trust, margarine in imitation of butter, not for the purpose of selling it so called, is in favor of this measure. Having obtained control, as butter, but for the purpose of providing a cheap and whole practically, of all the creamery and dairy butter in the country, some article which will take the place of butter on the tables of all not manufactured on the farms, they now seek legislation those who are not able to stand the cost of high-priced butter. which will destroy a dangerous rival. It is a remarkable fact to [Applause.] If it can not in the future be manufactured of the me, in view of the insistence by members here that the farmers ingredients I have referred to (butter, milk, and cream), which of the country are all in favor of this measure, that it has been give it the grain and flavor of butter, unless it paythe 10-cent deemed necessary to have so powerful a lobby exerting its influ tax (and I hold that under the bill it can not), then you have de ence on members here to secure this legislation. stroyed the industry. There is scarcely a man on this floor that does not represent to Mr. OVERSTREET. Will the gentleman state whether or a greater or less extent a farmer constituency. There is not a not oleomargarine is used in any other way except as a substitute man on the floor that does not have a high regard for that for butter? constituency. There is not a man here that is not anxious to Mr. TAWNEY. That is a hard question. to do all that he legitimately can for the interest of that constitu Mr. MONDELL. Why, I do not know of all the uses of oleo ency. And yet, in spite of that fact, in spite of the fact that the margarine. I know oleomargarine is used as a substitute for farmer is more generally represented on the floor of Congress butter by those who know what it is, by those who buy it for than any other cla-ss of American citizen-s, when a bill is brought what it is, by those who buy it because it is a good, healthful, and here which is claimed primarily to be in the interest of the cheap product, by those who buy it on account of its superior farmer, gentlemen seem to consider it necessary to bring here a keeping qualities over the best creamery butter. lobby to influence members the like of which I have never seen Mr. OVERSTREET. Will the gentleman refer to the section since I have been a member of this body. It seems to me · tli.at following the one which he has just quoted, wherein it provides the necessity for that sort of thing is condemnation of the meas tha.t oleomargarine, when not made in imitation of butter, shall ure itself, and proof that it is not the farmer himself, but a self be taxed one-fourth of 1 cent, but when made in imitation of but ish interest in his name that is clamoring for this legislation. ter 10 cents a pound? Will not that, in the judgment of the gen Now, Mr. Chairman, the laboring men of the country use this tleman, fix a definite tax on all oleomargarine at 10 cents a pound, article. The clerk on a small salary uses this article; the farmers for the rea£on that it can not be made in any other way except in themselves who sell their milk to the creameries, as has been imitation of butter? stated by the gentleman from Ohio, use this product. They Mr. MONDELL. I think that is true. understand it to be a healthy article of food, a palatable article Mr. OVERSTREET. Then will not that, in a larger measure of food. It certainly is-and still this Congress says to these than the question of any ingredients, stamp out that industry by men, ''You can not use this healthful, palatable article of food; you a prohibitive tax? can not have this palatable article of food placed before you be Mr. MONDELL. I thank the gentleman for further light in cause there is a certain industry in the country that demands that the matter. There are so many infamous things in the bill that there shall be an end put to its manufacture.'' . no one gentleman- on this floor could by any possibility have time Gentlemen come in here and say that they are legislating in enough to find them all. [Applause.] · favor of the poor man. In what way, pray? Because they pro Now, Mr. Chairman, they say to us that the farmers of the pose by this legislation to allow him to use a nauseous, unpala country are demanding this legislation. The gentleman from table compound of natural lard and oleo oil in place of oleomar Nebraska, however, has just stated that the farmers had not been garine, if he sees fit to use it, with a tax of only one-fourth of a heard from in the hearings on this bill. cent per pound, knowing full well that that article can not and Mr. Chairman, I have the ·highest regard for the farmers of will not be used. this nation. I believe they are the bone and the sinew and the Now, Mr. Chairman, in the name of fair play, in ~he name of hope of the nation, that in the future as in the past there shall justice as against repressive legislation, I hope that this bill may come from the farms of America the men who shall control her be voted down. It is the history of throwbacks, not only in legis destinies, civil, religious, and economical. And it is because I lation, but in nature, that they generally go back to the most re have so high a regard for the American farmer, because I believe pulsive and primitive form. And no repressive legislation eve:r so thoroughly in his love of fair play, in his adherence and devo promulgated by the edict of the Czar of all the Russias was more tion to the principles upon which our Government is founded iniquitous than the legislation we are now asked to vote for. that I do not believe the farmers of the nation, now or any time [Applause.] in the past, have demanded legislation fundamentally wrong. I In a measure that is wrong in principle and cloaked in a false do not believe that when this legislation is understood by the pretense, as this is, no portion is free of objection, but the last farmers of the nation, when it is laid bare to them in all its paragraph of section 2 is the bright peculiar gem of its iniqui vicious nakedness, that they will be favorable to it or that they ties. This paragraph, as I have already pointed out, would not are now favorable to it. I believe they will punish the men who only practically prohibit, as would also section 3, as has been in their name propose to commit this crime against the principles pointed out by the gentleman from Indiana, the manufacture of of personal liberty and equal opportunity. [Applause.] oleomargarine, either white or colored, as the prohibitive 10-cent The CHAIRMAN. The time of the gentleman from Wyoming tax would apply to oleomargarine a£ now manufactt.t·ed even has expired. though not colored, but, worse than all, it contemplates a med Mr. MONDELL. I thought I had thirtyminutes, Mr. Chairman. dlesome and inquisitorial prying into the affairs of privat-e citi The CHAIRMAN. The gentleman had twenty minutes. zens such as has never been contemplated by an American legis Mr. SIMS. Mr. Chairman, I ask that the gentleman:s time be lative body. extended ten minutes. What an elevating and edifying spectacle would be presented Mr. TAWNEY. Well, Mr. Chairman, general debate closes at under the provision-s of that section when the Panl Prys and 5 o'clock, and there are a number of other gentlemen who wish sleuths of the Internal-Revenue Department invaded the kitchens to be heard. . of the boarding houses of the land to discover whether or no some The CHAIRMAN. The gentleman from Tennessee asks unan poor widow might not be buying white oleomargarine and then imous con-sent that the time of the gentleman from Wyoming coloring it herself for her boarders, and if it were discovered that may be extended ten minutes. Is there objection? [After a she were guilty of this heinous crime, even though the boarders pause.] The Chair hears none. • aforesaid might be fully informed of and perfectly satisfied with Mr. SIMS. I would like to ask the gentleman from Wyoming the coloring operation, the widow could be forthwith dragged to if there is prll.Ctically any such thing as oleomargarine not in imi the bastile and subjected to the pains and penalties of manufac tation of butte.r? _turing oleomargarine without a license. What a joy it is to XXXV-98 I 1554 - CONGRESSIONAL RECORD-HOUSE~ FEBRUARY 10, contemplate the possibility and probability of this sort of thing As to the wisdom or unwisdom of this law as it now exists, we under this legislation. I suppose after the bill is passed the gen are not to-day concerned. We are dealing with it as an existing tlemen who are urging its passage will be presenting candidates fact. Our investigation shows, howevet·, that it is apparently as collectors of internal revenue for this new and hugely edifying ample, sweeping, and dra-stic enough to protect the public from service. I have no doubt but what they will be able to find gen the fraudulent sale of oleomargarine and to compel oleomargarine tlemen who are favorable to this kind of legislation and who to be sold for what it is. would have the proper stomach for this sort of petty tyranny. We find further, from the report of the minority of the com The bill presented by the minority of the committee is a meas mittee, that many of the leading chemists and scientists of this ure calculated to prevent frauds in the sale of oleomargarine, and and other countries have testified that oleomargarine is an abso would, in my opinion, have that effect. Under its provisions lutely pure, wholesome, and cleanly food product, and in no way oleomargarine could only be sold in 1 and 2 pound packages, is harmful or deleterious to health. The majority of the commit stamped, wrapped in paper properly marked, and bound about tee make no issue upon this point, and we may, therefore, assume with an internal-revenue stamp. I believe it would be practically that the purpose of this bill is in no way to protect the consumer impossible to practice a fraud under the provisions of this bill. from an impure or unhealthful food product. In fact, the dis If it became a law, oleomargarine would be sold for what it cussion that has been had upon this floor has demonstrated that is, and as it is now nnivetsally recognized by the highest medical there is perhaps no food product to-day that is more closely authorities the world over to be a pure and wholesome and watched than oleomargarine, and perhaps none that the public is nutritious product it is entitled to the same consideration that better protected against impurities in. · any other healthful food product is; sold for what it isr those What, then, is the evil that this bill proposes to remedy, and who desire it could use it. A great majority of people would of what is the remedy proposed? The evil is charged to be that oleo course still prefer butter, but in seasons and localities when but margarine is colored to imitate butter, and being so colored, is ter was high many people of small income would undoubtedly sold as butter, and not as oleomargarine, to an unsuspecting pub use oleomargarine, Every consideration of justice and fair play lic. Briefly, the charge is that the present law, designed to com recommends the passage of the bill of the minority. The selfish pel oleomargarine to be sold as oleomargarine, is being violated, inteTests who wish to have a legitimate industry stamped out and this alleged violation is the real evil that this bill is proposed naturally favor the majority bill and no doubt some good men to remedy. have brought themselves to believe that they were justified in The first remedy proposed in the bill is to say by act of Con votffig for the majority bill as the only way of preventing fraud, gress that oleomargarine shipped. from one State to another, under but even if it were true that only in this way could fraud be pre the protection of the interstate-commerce law, shall1 upon reach vented I do not believe that would justify the passage of the bill. ing the State of its delivery, regardless of the interstate-commerce I do believe, however, that the minority bill will prevent fraud law, become at once subject to the laws of that State with refer• and still give the people an opportunity to buy a cheap, wholesome, ence to the sale of oleomargarine. and nutritions article of food. [Applause.) I have not the time to discuss the legal~and perhaps the consti tutional, questions involved in this kind of legislation, nor have I [Mr. DAHLE addressed the committee. See Appendix.] any objection to urge against the law of the State of Georgia upon Mr. BRANTLEY. Mr.- Chairman, at this late hour of this de the subject of oleomargarine becoming immediately applicable to· bate I can not hope to add much, if anything new to the dis all oleomargarine the moment it reaches the State of Georgia-. cussion, but believing the principle involved in the pending Indeed, I believe that our law so applies now, and would not be measure to be bad, if not vicious, I desire to state in the brief come any more applicable by reason of the passage of this bill. time at my disposal some of the objections to it, without attempt That this is true is perhaps due to the nature of the law that we ing any detailed argument in support of them. have in Georgia. I want to say, however, upon this particular The majority of the committeef in their report favorably com provision of the pending bill that, speaking for myself, I believe mending this bill to the House, took occasion to refer to it as that each State is a sovereign, and in its own sphere that its drastic legislation. A reading of the bill justifies this reference, power is complete. I do not believe that the Congress has any but a reading of the majority repolj; utterly fails, in my humble power to subtract from the constitutional power of · any State, opinion, to justify the enactment of any such drastic legislation. nor do I believe that Congre scan add to that power. In other Before undertaking remedial legislation of any kind it is always words, I believe that when Congress undertakes to delegate powers wise to follow the old maxim of the common law, and look :first to a State the same principle is involved as when Congress under to the old law and then to the evil that needs to be remedied. takes to subtract from the powers of a State. I do not favor that Armed with the information thus obtained, we can the better de kind of legislation. termine the proper remedy to apply. This provision in the bill, I presume, was inserted by reason of Pursuing this course in this case, we find on our statute books the decision of the Supreme Court of the United States in the now a law to prohibit oleomargarine from being sold as butter &hollenberg case, wherein it was held that the prohibitot·y l!aw and a law that, in its provisions and requirements, appears to me against oleomargarine in the State of Pennsylvania did not apply to be drastic enough to satisfy the most ultra of the butter makers. to oleomargarine shipped into the State while undE>J: the protec This law gives a legal definition to the word" butter 17 and to tion of the interstate-commerce law. the word ''oleomargarine," and provides that the manufacturer I think it better to let this question rest where the Supreme of as well as the wholesale and retail dealers in oleomargarine Court left it, and let Congress deal directly with all matters in shall each pay large license fees in order to engage in the busi which interstate commerce is involved, and not attempt to dele ness, and in addition to these fees a tax of 2 cents per pound is gate its powers to the States, or in any manner seek to avoid its imposed upon all oleomargarine. own proper exercise of them. Under this law the manufacturer must keep such books and in The next provision of importance in the pending bill, and the ventories and give such notices and bonds as may be required of one to which the most serious objection is to be urged, is the one him by the Commissioner of Internal Revenue. providing that when oleomargarine is "made in imitation of but His oleomargarine must be sold in a certain prescribed way, ter" the tax shall be 10 cents per pound, instead of 2 cents, as with certain prescribed marks and brands and stamps a:ffi.xed under the existing law. ~~~ - - I invite the attention of the House particularly to the language In the language of the law itself, the business of a manufac of this provision, to wit, "made in imitation of butter." The turer of oleomargarine is always under the surveillance and su original bill, as it was introduced, contained the word" yellow," pervision of the Commissioner of Internal Revenue, his agents and the language of this provision then read, "made in imitation and deputies. of yellow butter." The committee, however, in its wisdom, saw The retail dealer can only sell from the original package, nor proper to strike the word " yellow," and to leave this proVision can the original package in which the oleomargarine comes, or so as to impose a tax of 10 cents per pound on all oleomargarine the stamps, be used a second time. made in imitation of butter, regardless of its color. The ques A violation of any of thee provisions of the law brings upon tion of color is not involved in the pending bill as it now stands. the violator the penalty of the law. Everyone knows that oleomargarine is intended as a substitute Any oleomargarine deleterious to health that is put upon the for butter, and that it is made in imitation of butter. It seems to market, and any unstamped packages of oleomargarine, become im me that when it has the general form or appearance of butter, or mediately forfeited to the Government, and in addition proper appears to be of the same general consistency, or has the odor or penalties are imposed. the taste of butter, that it is undoubtedly made in imitation of One analytical chemist and one microscopist, at a salary of butter. It would therefore follow that if this bill becomes a law $2,500 each per annum~ are authorized to be employed by the not yellow oleomargarine alone. but all oleomargarine, whe-ther Commi.ssioner of Internal Revenue in order to carry out the it be red, or blue, or yellow. will become subject U;> a tax. of 10 provi ions of the present law, and, in addition, he is authorized cents per pound. The friends of this measure have all along in to employ such additional chemists and microscopists as are found sisted that by this bill they were reducing the tax on oleomarga to be necessary. rine not colored in imitation of butter from 2 cents to one-quarter i l· 1902. CONGRESSIONAL RECORD-HOUSE. 1555 of a cent per pound, and that they h~d no objection to uncolored If the manufacturer ot oleomargarine complies with the present oleomargarine being sold; but we find that they have presented a law and sells his product as oleomargarine, he should be privi: bill that, either intentionally or through an oversight of the com leged to sell it in whatever color he chooses to make it. The mittee, as I hope, will not allow any oleomargarine, no matter manufacturer of butter is privileged to color his product, and he what its color, to be sold. does color it in such way as he thinks will add to its attractive Some of the friends of this increased tax have undertaken to ness and its sale, and the same privilege should be given to the defend it upon this floor upon the ground that the same principle manufacturer of oleomargarine when he sells his product for what is involved in a 10-cent tax as in the 2-cent tax already imposed, it is. If the coloring of oleomargarine made it deleterious to _ and that there is no difference in principle between this bill and health, or even tended to make it so, then the coloring should be . the original law of 1886. For my part I am able to see, or at prohibited and not taxed or licensed, as this bill proposes to do. least I think I am, a vast difference in principle between the two No claim is made, however, that this coloring affects oleomarga taXes. It seems to me that there is a great gulf between a simple rine injuriously any more than it is claimed that coloring butter revenue taxl easily paid without hurt to the business paying it, affects it injuriously. The majority of the committee inform us and one that it is impossible to pay and which is prohibitory in not that the coloring is hurtful, but that investigations have its effect. It may, for instance, be perfectly proper to levy a shown that "uncolored oleomargarine can be easily and quickly revenue tax on tobacco, one that is sufficiently low to allow the colored withouilmeltmg or apparent injury to the product." tobacco industry to thrive and flourish, and yet it would be It is true the charge is freely made that it is a fraud for the highly improper and wrong to make this tax so exorbitant that manufacturer of oleomargarine to color his product yellow, and the tobacco interest could not pay it and live. yet the friends of this measure do not condemn the maker of but I recognizethatthiscountry-unwisely, however,as I believe ter for coloring his product yellow. If the one is per sea fraud has for a great many years pursued the policy of levying prohib the other is equally so, for the coloring is exactly the same in each itory taxes through the medium of the tariff lawsl but these case. If it should be declared a crime for the manufacturer of taxes, it has always been claimed, have been directed against the oleomargarine to color his product, it should equally be declared foreigner. Under the principle of high protection we have made a crime for the maker of butter to color his product. There is no our tariff laws high enough to be repressive in many instances, justification in principle for making any distinction between them but in every instance the claim has been made that the repression in this regard. was directed against the fo1·eigner. We have in the pending bill, No charge is made, so far as I know, that the manufacturers of however, the direct attempt to apply this principle of high pro oleomargarine do not comply with the law. The minority of the tection and repressive taxation against a part of our own people committee inform us that no charge of this kind is madE\ or if in favor of another part. It does seem to me that if the phrase made could be sustained, and yet it appears that because un " protection run mad " can ever be applied to any proposition it scrupuloUs retail dealers in oleomargarine, who buy the product must be applied to this one. as oleomargarine from the manufacturers and sell it as butter in If we now enter upon the policy marked out in this bill, where violation of the law, it is proposed by this bill to increase the bur will it end? W!:l can multiply instances where it can be invoked dens of the manufacturer,, if not to drive ~ out of business. with as much consistency and as much justice as it is invoked here. No more unjust, unfair, or inequitable legislation could be pro For instance, the people of my section are engaged in the making posed. What could be more unjust than to punish one man for of a pure cane sirup, which they believe to be as pure and as the sins of another? wholesome as can be found in the world. They have not yet The most interesting part of this whol~ question is that nobody reached the limit to which they will engage in it. In truth, the seems to be clamoring for this bill except the manufacturers of industry is yet in its infancy. Suppose, however, as this industry butter. In all the petitions and memorials and letters that have -grows it invades the the territory of the maple-sirup people, could come to this Congress on this subject I have seen none except not the friends of maple sirup, invoking the principle of this bill, those from the butter men. No consumer or body of consumers ask for repressive taxation to keep cane sirup from competing with has been heard from so far as my information goes. There is no them? clamor or appeal for the protection of the consumer, but the en Again, another suggestion on a little different line occurs to me. tire bill is for the protection of the butter makers. The country to-day is full of·an a-dulterated, chemically concocted I am willing, Mr. Chairman, to give the butter makers all the maple sirup. It is branded and sold as pure maple sirup. It is an protection to their business that is needful and in consonance with imposition upon the public. Would not the sanity of any man be sound principles and good morals, but I am opposed to using the questioned who undertook to repress this evil by taxing the genu taxing power of this Government for the purpose of crushing out ine maple sirup out of existence? And yet that is identically the a legitimate industry for the benefit of a competing industry. In proposition involved in the pending bill. my judgment the man•with the beef steer has as many rights in Pursuing, however, the subject of high protection, if this Con this body as the man with the milk cow. The man with cotton gress undertakes to apply this principle among our own people, seed, with hogs, and with beef cattle, the products of which go where purely domestic interests are irivolved, the outcome of it into the making of oleomargarine, are each entitled to as much is cause for serious apprehension. Such an application must ar standing here as the man with milk cows. We have no right on ray section against section, interest against interest. greed against principle to curtail the market of these people for their products greed, and it must ever be the battle of the strong against the in order that the market for the man with milk cows may be en- weak, and the final and utter perversion of the great principles larged. To do so would be to engage in vicious class legisla of equity and justice upon which this Government was founded. tion, productive of more evils than I can point out in the brief Let us proceed further and see the first and immediate effect of time I have to speak. the increased tax rate from 2 cents to 10 cents per pound. The The charge has been freely made on this floor that the pressm·e report of the majority of the committee informs us that the aver for the enactment of this bill into a law comes from the promot age cost to the manufacture1· of oleomargarine of a pound of his ers of an immense butter trust that is now being organized. finished product is, including the present tax, 10.59 cents, and Whether or not this be true, I am not prepared to say; but I am that the san;te is sold at prices ranging from 11t cents to 18 cents clearly of the opinion that the small producer of butter-the man per pound, or an average of about 14 cents per pound. who supplies only the home market-ha_s no interest whatever in With the passage of this bill the cost to the manufacturer, ac this proposed legislation, for, whether it be enacted into law or cording to these figures, would be 18.59 cents per pound, or more not, the price of his product will not be affected. He can always than the highest price at which the product is now sold. The command a market for what he produces, and oleomargarine has passage of the bill will mean one of two things; either the con never yet competed with him, and never will. sumer must pay this additional price for the product or else the The majority of the committee do not make themselves plain in manufacturer of it must go out of business. There is no justifica their report when they express the opinion that, after the passage tion, in my opinion, for either of these alternatives to be brought of this bill, the sale of oleomargarine will continue. Do they about. It must be patent to anyone that if the present law, which mean continue to the same extent as now, or to a greater or a absolutely prohibits oleomargarine from being sold as anything lesser extent? Since I have heard at least one supporter of this else, is defective, the defect, whatever it is, can not be cured and measure declare upon the floor that its passage will increase the is not even attempted to be cured by this bill. The manufacturer sale of oleomargarine and another one declare that its passage will of _oleomargarine can not now, with or without coloring his prod decrease the sale of this product, I am convinced that the language uct, sell it for butter without incuning the serious penalty of the used in the report is a compromise between these two extreme law; and this bill does not provide any greater penalty for vio positions. lating the law than now exists, nor does it make it any harder or It is pertinent to inquire, however, if this bill will not ct:rtail more difficult to perpetrate a fraud than does the present law. If the output of oleomargarine, why pass it at all? It is confessedly the pending bill will have any effect whatever upon the fraud, it not a revenue measure, and is not designed as such. It neither seems to me that its tendency must be to increase the fraud, as it adds to nor takes from the stringency of the present law against offers a greater incentive to commit fraud, to wit, the saving of 10 fraud; then what purpose can it possibly accomplish if itdoesnot , cents per pound tax as against 2 cents at present. restrict the sale of oleomargarine? When the majority of the I 1556 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 10, committee came to write their report, had they forgotten what one I think I am bringing up the rear of the victors to-day, and while of the leading advocates of this measure, ex-Governor Hoard, congratulating the successful, I desire to deal gently and kindly who visited Georgia and other portions of the South in the inter with the vanquished. I have dismounted often and walked that est of this legislation, said before them? They quote him as say some weary prisoner might rest as he rode my horse. And I ing that if as much oleomargarine is sold after the pa sage of this shall carry the burden to-day that some of my colleagues on this bill as before, he will come before Congress again and demand side may, I trust, feel better satisfied. 1r!ay I not yield one hope, a still higher tax. I find, too, that the distinguished gentle that a few, otherwise disposed, now will determine to stand by man for whom this bill was named in the last Congress, to wit, the cow when I have presented as plainly as I can, as facetiously the honorable Mr. Grout, said to the present committee, in sub as I may, as pleasantly as I will, the rea ons that imp2l the ma stance, that he feared it was a mistake to reduce, as this bill pro jority of the Agricultural Committee to present this bill to the poses to do, the tax on oleomargarine not made in imitation of House. butter from 2 cents to one-fourth cent per pound. His fear was What are the fa-ets in the case as a lawyer would say, if he based, as he said, upon the apprehension that the new law would were arguing it? Why, Mr. Chairman, 32 States in this Union not yield sufficient revenue to defray the expenses of administer have passed laws forbidding the manufacture and sale of oleo ing it. Surely, if he had any idea that the sale of oleomargarine margarine colored to resemble butter. These States contain a would continue to the extent that now exists, or that its sale would population of over 60,000,000. Their laws on this subject have increase, he would not have given expression to any such fear. been upheld by the Supreme Court in three decisions. The law Mr. Chairman, there can be but little merit in the plea of the of 1 6 that places the tax of 2 cents a pound on oleomargarine butter interests for protection against oleomar~arine when the in order to enforce the clause requiring the branding of every statistics show that the total manufacture of oleomargarine in package sold has been violated. The revenue has been collected, it the United States last year was only 104,000,000pounds, as against is true, but the law has not been enforced, except in rare cases, 1,500,000,000 pounds of butter. To ask protection, and such pro against the offenders. tection as this, against this kind of competition, it seems to me, The present bill, Mr. Chairman, imposes a tax of 10 cents on displays a grasping greed thatnobodyoughttocountenance. But this article whenever it is colored in imitation of butter; and the even if the claim of the butter people had more merit than it pos result will be that it will take out the large profits realized by sesses, the kind of protection they ask for should not be granted; the retail dealers and tend to even up the profits on butter and for no legitimate industry should be stricken down, or even crip colored oleomargarine. pled, by the Government in order to benefit another. Now, in this view I am sustained by the judgment of the Hon. I have no objection to section 4 of this bill, in which it is pro W. D. Hoard, president of the National Dairy Union. See my vided that wholesale dealers in oleomargarine shall keep books, question and his answer on page 34 of the hearings. We have subject to the inspection of the internal-revenue officers. I think the evidence of the manufacturers themselves to show that the that provision in line with the present law, and so long as we keep cost of their article, with a tax of 2 cents included, is only about the present law on our statute books I am willing for it to be 8 cents per pound. strengthened in whatever way may be necessary in order to make These two articles of even value, as some claim, would have the it effective. 33me chance in open market, while the uncolored oleomargarine I am in favor of any amendment to it that is in the interest of could be sold for 10 or 12 cents, with a good profit to the manu honesty and fair dealing and against fraud. If it is now defect facturer. If this article is as good as butter, as many claim, and ive, let us perfect it, so that it may accomplish the purpose for it can be sold with a profit at 12 and 13 cents a pound, then it which it was intended. The minority of the committee have is only a question of a few years perhaps when butter will be offered a substitute for the pending bill, wherein they increase driven out of the market and the great dairy interests of the the penalties for a violation of the present law and provide still country go to the wall, as some have already gone in the State of further safeguards against the fraudulent sale of oleomargarine. Virginia. If we are going to enact any further legislation upon this sub It is, then, a discrimination in favor of the manufacturer that ject, let us enad this substitute into law for it is aimed solely we protest against; and we can say that with a tax of 10 cents, against fraud, while protecting that which is honest and legiti if he chooses to pay it, he will stand on all fours with the butter mate, and in both these respects it differs from the pending maker. At the same time, the con8umers of butter will pay no bill. more than they now pay for this article, save as they are affected I am opposed, Mr. Chairman, to the wrongful use of the taxing by the great law of supply and demand. power. I am opposed to using the powers of this Government to You ask me, very naturally, how this is possible. The answer build up any industry upon the ruins of another legitimate one. I can give you in a very few words. The profits of lhiB business I am opposed to using this Government to aid any monopoly, now go the retail dealer. That is the point in this case, and that whether it be in butter or anything else. I am in favor of" equal is a point which gentlemen should fully understand, for we have rights to all and special privileges to none." For these reasons abundant evidence to establish it. If you have studied these this bill can not command my support. [Loud applause.] hearings, my colleagues, you know that this is a fact. Mr. Chairman, in the old town of Petersburg, Va., around MESSAGE FROM THE SENATE. whose outer walls died so many brave men of the two armies, The committee informally rose; and Mr. BROWNLOW having whose deeds of valor will live in song and in story while the les taken the chair as Speaker pro tempore, a message from the Sen son of Thermopylre fires the heart of patriotism and the charge at ate, by Mr. PARKINSON, one of its clerks, announced that the Balaklava brightens the lamp of chivalry, there is as sweet a little Senate had agreed to the amendment of the House of Representa girl as ever ''nestled in a woman's arms or climbed a father's tives to the amendment of the Senate numbered 78 to the bill knee, the envied kiss to share.'' She has a peculiar idea about (H. R. 9315) making appropriations to supply urgent deficiencies prayer. She thinks she ought to petition the Almighty herself, in the appropriations for the fiscal year ending June 30, 1902, and and, after reciting at her mother's knee every night the Lord's for prior years, and for other purposes. Prayer, she then puts up a petition of her own to her Father in Heaven. OLEOMARGARINE. A few years ago, when this little girl was just 4t years old, her The committee resumed its session. mother asked her, after she had made her silent prayer, "Daugh Mr. LAMB. Mr. Chairman, it does indeed look like thrashing ter, what did you ask the Lord to do in that petition just now?" over old straw at this late hour to discuss the questions arising in The little girl made reply, "Mamma, I asked the Lord if he would this debate after the exhaustive debate of a year ago and after all not please remove that mole that has been growing on the ide of that we have heard on this floor within the past three or four your face for several months; but I said to Him, Lord, I think days. But, Mr. Chairman, I simply desire to bring up in a few that mole has come to stay." words the rear of the column in this well-fought battle for the I have not a doubt that this typifies the feeling of orne men cow. It is ;;. most natural role I assume, for really I was a butter on this side who are voting along this line-there are just as milk ranger, and I am grateful to the cow. [Laughter.] many all over the country-who are praying that these manufac There are men on both sides of this Chamber who understand turers may be entirely suppressed, but they believe, like the little what it is to bring up the rear. In defeat, to protect the retreat giTl in regard to the mole. that these manufacturers have "come ing army; in success, to gather up every halting soldier and urge to stay." The other side dwelt upon the statement made by Gov him to the pursuit, and to see that every prisoner is safe and ernor Hoard and Mr. Knight in the hearings passed here. These protected. The men on that side who served with one of the fin gentlemen may have hoped and prayed one way last year. but est bodies of mounted men who ever rode to battle, and those on under the better light of experience and the education of the last this side who followed the plume of that prince of cavaliers, few days, perhaps, and fuller investigation, they believe now that J. E. B. Stuart; or rode with brave Morgan, or that greatest gen oleomargarine manufacturers have "come to stay." eral, perhaps, that the cavalry arm of the service produced, the Mr. Chairman, I know they have come to stay. I wa of this almost invincible wizard of the West, the gallant Forrest-un opinion last year. When I discussed this question on this floor derstand and apprec~at.e this simile. last session my coJleague from Tennessee [Mr. G.A.INES]--and I 1902. ' CONGRESSIONAL RECORD- HOUSE. 1557 hope he is in his seat now; we all know that he is possessed of an ginia to secure the companions of their bosoms. I remember very inquiring mind-asked this question: well that soon after the war a private of my own company mi Mr. G.A.IN:Es. I should like to ask the gentleman a question. grated to Texas, and Virginians watched him as he carved his Mr. LAMB. Certainly. name upon the roll of fame high among the civic heroes of this age. Mr. GAINES. Is this 10 per cent ta.x under the Grout bill a prohibitory tax? Why, were I a few years younger, from all I hear of that land Mr. LAMB. It will very likely have that effect, so far as the colored article is concerned, but it will not prohibit the manufacture of this article in its of promise, I should be tempted to cast my lot with such a natural state. I have no question that more of it will be manufactured after people. I might even do so now, save that I have SQme pride in the tax is imposed. A taste will be educated for this article and peo:ple will being buried close by where the beautiful Pocahontas pleaded buy it, not under the guise of something else, but buy it for what 1t is, at what it is worth. If they want to color it they have a right to do so in their for the life of the first white man who ascended the historic own homes. Chicahominy, a stream that has been made famous both by the early and the latter history of this land. [Laughter.] Mr. Chairman, a year ago, before we went out to that historic But there is another tie between myself and the noble sons of spot near Wa..shington and witnessed the interesting performance the Lone Star State. I have found my Mentor, my vade mecum. of which I have spoken, I made that declaration, because I was and my spiritual adviser to a great extent in one of her gifted raised on a farm and I knew what could be done in coloring but sons. And what shall I do when he is made chief magistrate of ter. The extract of can-ot root will do the same. that grand Commonwealth? Why, yon will have a lamb in the If I needed further proof of the fact, it was shown a few weeks Fifth-eighth Congress without a shepherd. [Laughter.] ago, when many members of the Committee on Agriculture went I turn, Mr. Chairman, from the contemplation of this delightful by invitation to visit a manufacturing establishment near this picture to one that fills my very soul with regret and mortific:1tion. city, where, in the years gone by, gentlemen of Congress and The riot act was read to some of us on this side a few days ago. their friends were wont to go occasionally to settle their real or I fear we will soon have a political reformatory for the Demo fancied difficulties by shooting themselves to death. cratic reconcentrados on this side and a commission to pass judg The investigation of the manufactory located at the historical ment on their conduct, so that they can be properly dealt with spot I have mentioned showed it to be in superb order well and and made to respect the Constitution. Some of us are " timid conducted. We saw a pound of oleomargarine in its natural state and misguided Democrats." Some of these men, so defined, have made into the semblance of butter in a few seconds by working a stood where death held high carnival and faced the cannon's mouth few drops of coloring matter into the article. We also saw a rolling or a battle line of flaming muskets as calmly as if on dress parade. cylinder filled with the article and the coloring matter uniformly But does my valiant young colleague, the gentleman from Texas distributed through it as the cylinder was turned by a crank. [Mr. BURLESON], who used the language above quoted and other In a very short time the white oleo had changed to a beautiful adjectives equally as severe, say he was speaking of moral cour yellow color. The imitation was complete. From the moment age? Of course he was. Then let me remind him that- that I saw this I was convinced that oleomargarine had come to The brave man is not he who feels no fear, stay. And, Mr. Chairman! it just shows one thing that is patent For that were stupid and irrational. · in the history of nations and of individuals, th.at their destinies But he whose noble soul its fears subdues turn frequently upon points that are in themselves as insignifi And bravely dares the danger nature shrinks from. cant as anything you might mention. - Many of these Democrats who will to-morrow record their votes A most original and graphic writer, delineating the battle of for the pending measure have shown their moral courage, not Waterloo, remarked that here a general of division fell, that only in this House, but on many hard-fought political fields in there brigades with their commanders perished, that yonder the their own States. Some of them resisted carpetbag rule and had grand old Imperial Guard, that had never known defeat, plunged the moral courage to refrain from killing the la.st one who set his the front ranks of its corps into a yawning chasm of earth that foot on Southern soil. They stood manfully defending their few the rear might ride across their dead bodies into no less certain remaining rights when reconstruction laws, unnecessary and death upon the fixed bayonets of the hollow squares of Wellington. tyrannical, were forced upon them. Later on they protested, And that writer goes on to show that the grandest army the in sullen silence and gloom at first, and then arose in the majesty sun ever shone down on, commanded by the loftiest military of a righteous indignation and rended the shackles that had been genius the world had ever given birth to, was routed and de forged by the passage of the fifteenth amendment to the Fed stroyed, for why? Because on one bright Sabbath morning a eral Constitution. little cowboy said to a general, "Sire, take this road, not that," Mr. BURLESON. Will the gentleman permit an interruption? refen-ing to the fact, as you well know, that Blucher marched by Mr. LAMB. If I had time I should like to do so, but I have not a more direct route to the scene of action and arrived there just the time. in time to decide the momentous issues of that day. And if I Mr. BURLESON. I want to suggest that it was ballots and had the time I would show you that a similar occurrence hap not bullets that I was referring to. pened right over at the first battle of Manassas, when Kirby Mr. LAMB. While many of these things were being accom Smith was piloted tln:ough the woods by a more direct route and plished the young gentlemen who pronounced these Democrats arrived in time to decide the issue of that conflict. timid and misguided were playing leapfrog on the green lawns Now, my friends, this little incident-this committee visiting of their native States. [Laughter.] that place-discovered what will be told all over the country, to No wonder the other side, through one of their talented leaders, every laboring man's wife in the confines of this Republic, and it made jest of the incident that occurred here yesterday. I will will enter into practice, and it will possibly save these oleomar illustrate, simply to point a moral, the emotions they felt by tell garine people who are pressed to death by a butter trust. Who ing a Httle story that has never drifted from eastern Virginia, or ever heard of a butter trust, and who believes there could be one? else my colleague from the Sixth district [Mr. OTEY] would have That incident developed two facts; first, that the housekeepers of told it here long ago. [Laughter.] this country will soon learn how easy it is to color oleomarga An old widower in one of the lower counties of Virginia was rine, and when this has once begun, the taste for the food having paying his attentions to a beautiful lady in the neighborhood. already been cultivated, the demand for uncolored ·oleomargarine Although often invited to remain all night by the father of the will begin and the manufacture of the article will be stimulated. young lady, he would never consent to do so. One stormy night, In the second place it showed how easily the provisions of the however, his host told him that no man could leave his house on bill of the minority of the committee could be set aside or evaded. such a night as that, and he had his horse put up and persuaded There is nothing in this bill to prevent the purchase by hotel the gentleman to spend the night. keepers, restaurant and boarding-house people of all the one or two At bedtime he gave a negro boy a candle and told him to see pound packages they choose from a retail dealer and removing the gentleman to bed. "Yes, sir," said the boy. And the happy the stamp and serving the article to the consumer. I want those old widower followed the boy to his room. He found it difficult who favor this minority report to think about this question along to get rid of the boy. He said to him, "I will blow out this that line. candle; you can go." The boy answered, " No, sir; massa said I Now, Mr. Chairman, a word to those gentlemen who honestly must see you in bed, an' I'm gw'ine to do it.'' And the old fellow and conscientiously oppose this bill; and I am going to give them had to disrobe himself. When he unstrapped an artificial leg credit for just as much integrity of purpose and as much honesty and laid it on the table the boy moved back to the door. As he as I claim for myself and my colleagues on this side of the Cham ran his hand through his hair and laid his wig on the mantelpiece ber, who see no danger lurking in this bill, as has been predicted the boy had his hand on the knob of the door. by the gentleman from Ohio [Mr. GROSVENOR], whose epigram As the widower put his hand in his mouth and laid his gold matic sentences were taken as the text for a splendid speech by plate in front of him, the boy rolled down the steps. crying, my friend from Texas. '·Massa, massa, for God's sake come here. This man is tearin' A word for these Texas people, and I hope my young friend he self all to pieces.'' [Great laughter.] My friends, •' a house di [Mr. BURLESON] is in his seat. Virginia feels an abiding interest vided against itself can not stand." "Men do not gather grapes in the Lone Star State. Her sons have migrated to that land of of thorns or figs of thistles.'' · vromise, and some of the sons of Texas have come back to Vir- But we are told that there is another interest that will suffer if r I ( i I ~}558 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10, this bill passes. The manufacturers of cotton-seed oil are much and authority was lost when Roman probity and virtue declined disturbed, although only 7 per cent of their product is used. and the noble Roman youth became corrupted by contact with the There is a growing demand all over the world for this oil. From vices of the Asiatic nations whom they conquered. the frozen shores of the Baltic to the isles of Greece, '' where But permit me to notice one _Eractical point pre ented by my burning Sapho loved and sung," if you will allow a little rhetoric, eloquent friend from Missouri LMr. CoWHERD]. He made a fine all Europe is asking for cotton-seed oil. speech, we all admit. I see from a book here, that I wish I had time to quote from, It is a well-known fact that the oleomargarine makers use only that France and Italy both have prohibited oleomargarine from about $4,000,000 beef fat, $2,000,000 lard, and 2,000,000 per year being colored in imitation of butter. France takes $16,000 000 of animal fats in the oleomargarine that is produced in this coun worth of your cotton-seed oil every year, ap.d they send it back to try. Our f-riend from Kansas City states that he has it from one this country made into olive oil to go on the tables of our rich of the best-informed cattlemen in the United States if they are people. deprived of a market for that amount of animal fat it will cause Mr. KLEBERG. Is not that a fraud, and ought it not to be a loss to the live-stock industry of this country of something suppressed by legislation? like $62,000,000 per year. I presume that this is about as we-ll :rtfr. LAMB. Thatisamatter that we have nothing to do with. founded as most of the claims made by the live-stock men. Mr. GAINES of Tennessee. If it will not embarrass you, I But, accepting the statement as true, let us look at the matter will ask a question. in another light. The manufacture and sale of oleomargarine is Mr. LAMB. You can not embarrass an old soldier and a red- displacing 2..5,000,000 worth of butter annually. If the cutting headed man [laughter] by asking questions. o1I of a market for $4,000,000 of product will cause the live-stock Mr. GAINES of Tennessee. Then I will ask you the question. men a loss of $62.000,000, which in round numbers is $16 for Mr. LAMB. Ask it. every dollar's worth of product displaced why will not the dis Mr. GAINES of Tennessee. Now, if the oleomargarine manu placing of $.25 000,000 worth of butter cost the dairyman sixteen facturer does not manufacture his oleomargarine ''in imitation times that amount, or 400 000,000 annually? Isn't one proposition of butter," the 10-cent tax will not apply? as reasonable as the other? Mr. LAMB. Why, certainly not. Wbat's sauce for the goose is sauce for the gander. Mr. GAINES of Tennessee. Then if he does make it" in imita tion of butter'' he runs up against the law and has to pay the pen Now about the $500,000 cotton-seed oil that goes into the man alty of 10 cents for the violation of the law done by his own ufacture of oleomargarine. Why, it is only a bagatelle to the voluntary act. Commonwealths of the South, with all their wealth. Even cquld Mr. LAMB. That is the way I understand it. I stated this a the opponents of this bill show that this tax would be prohibitory, year ago when you asked a question that helped me very much. you can not check the march of progress in the South. Young Now I will come to some more important points; but before I men from Texas, you have behind you the most splendid inspira leave this question of cotton-seed oil I wish to say that I was tion that ever nerved a people to the race of life since the dawn sorry to hear some gentlemen from the splendid Commonwealths of civilization on the world. [Applause.] of the South dwell upon their losses, and one of them running What does the spirit of Alamo teach you? Where is the ex his hand gracefully in his pocket, say, "Will you permit these ample of your noble fathers who charged like demigods at Gaines people to rob us of our cotton-seed oil and our cattle interest?'' Mills and in the dense woods of Chancellorsville who made a My friends, the cattle interest is only, as I can figure it, 50 cents recOTd for themselves and for the South that will live in song and or 75 cents a head, and, in view of this legislation, you will net in story while the sky has a star or the ocean a tide. And now more on the oil than you ever did before, and there will be a bet these, their de cendants, are asking us to protect the interests of ter demand for home consumption of cotton-seed oil that comes cotton- eed oil! from the Southern States. It is $500,000 divided up among the Mr. BURLESON. If the gentleman will pardon me, we are ten Southern States. not asking protecb.on but we are protesting against protection. Mr. BELLAMY. Will thegentlemanallowmeaninterruption? Mr. LAMB. Exactly. I only wish I had fifteen minutes to Mr. LAMB. I have not the time. make that utterance the text for a speech on this subject. Now, Mr. BELLAMY. The gentlemen says $500,000. Was it not I want as succinctly a~ I can to illustrate the position of my over two and one-half millions last year? colleagues on this side, and I must do it by telling another little Mr. LAMB. The gentleman is good at figures. Tak~ the anecdote. 104,000,000 pounds of oleo manufactured. The report of the There was down in Virginia, along the seacoast, a fishing party Treasurer of the United States gives you the component parts. shipwrecked on one occasion from a small boat. Standing along Take your 7 per cent of cotton-seed oil and satisfy yourself. the banks was an anxious and solicitous crowd. One man was Now, as to the constitutionality of this law. On this floor, at particularly interested in a friend that had gone down twice and the last session, I quoted various decisions of the Supreme Court he cried out in the agony of his soul," Save, oh, for God's ~ke, and several writers on the Constitution that clearly established save that redheaded man you see there who has gone down the right of this body to enact such a law as this. These deci twice." As he was sinking a third time under the briny waves sions have already been referred to during the able discussion on a man seized him by the hair and pulled him ashore. this measure and I will not repeat them. My colleague from Mis The man that saved him was curious to know why this man souri fMr. CoWHERD] brushed aside in a few words the basic wanted him saved. He said, "He is your brother, ain't he?" principle upon which the opponents of this measure rest their "No, sir." "Then he is your fust cousin?" "No, sir; he isn't whole case. He said: any kin to me." "Then,"sa1s the man who saved him' in I deny the right of Congress to make any such legislation. I am not going the name of common sense, why did you want him saved ~bove to deny it on constitutional grounds. I understand too well that in these all the other ?" "Why," he said "my friend, to tell you the later da;ys the Constitution is an old-fashioned instrument that has no place truth, that fellow owes me $2.50. [Laughter]. in our diScussion on this floor" and I understand too well that in these times of a "shifting majority of one" ne would be a. bold man indeed who would at Mr. TALBERT. He was a dairyman, was he not? tempt to prophesy what would be the fate of any legislation when it reached Mr. LAMB. No, sir; he had that $2.50 invested in cotton-seed the court of last resort. · oil. It is not enough for the opponents of this measure, driven We object to the minority plan for several reasons. I will give under the three recent decisions of the Supreme Court. as well as you one or two. the forceful utterances of the same tribunal years long gone by First, the minority plan attempts to legalize the coloring of to abandon this contention, that this measure is unconstitutional, oleomargarine, against which 32 States of this Union have pro but in the heat of debate here they inveigh against a coordinate tested. branch of this Government. This may be permissible on the In the second place, the provisions of that minority bill will husfufq-g· Even then I submit that it is in poor taste, for the reason certainly cripple, and it may be will finally destroy, the great but that anything tending to break down respect for law and au ter interests of this country. thority is to be deplored in a go-vernment constituted as this Third. The temptation to fraud, which is the basic principle of Republic. t~s whole .que~on,. will only be removed in the degree that the If there is one sin in America more marked than another, it is pnce of this article lS lowered by the ab ence of competition for a lack of reverence--reverence for authority; reverence for law; the hotel, restaurant, or boarding-house keeper, as well as all ~en reverence for age; reverence for the Sabbath. In some sections, who pn;chase this article to sell again, can buy as much a they even reverence for women. cho~se m 1 ~r 2 pound packages and then put it on their table or Mr. COWHERD. And lack of reverence for the cow. [Laugh- sell It to therr customers. The present law, bad as it is would be ter.] . preferable to this proposition of the minority. ' Mr. LAMB. Nay, sir; rather revt-rence for "the maiden all The advocates of this substitute ask why should it not be just forlorn. that milked the cow with the crumpled horn." as permissible to color oleomargarine as to color butter. Were In this particular, Mr. Chairman, I hold that we are in danger ply, be~use they are not colored for the same purpose at all. of losing our ideals just as the Roman ideal of obedience to law ~utter IB not.colored to resemble a better article; oleomargarine 1902. CONGRESSIONAL BECORD-HOUBE~ I 1559 --~------~--.. ------~------is colored to make it resemble a better product-colored to de- demands thiB legislation; her small industries have been wonder ceive. That is what it is done for. The coloring adds nothing fully quickened in the past decade. · to the food value of the article. The proposed taxation against The enterprises in her manufacturing centers have contributed colored oleomargarine works no hurt to the consumer. Those in good part. Outside capital has been 'coming into the State. who want that substitute for butter ca.n buy it much cheaper Northern and Western farmers have been buying lands. The in its natural state. census report shows that the State is being divided into smaller My time is nearly out, yet I have not touched one of the main farms, and that the intensive versns the extensive system of agri questions presented in connection with this bill~what the labor- culture prevails. The commissioner of agriculture, the agricul ing man has got to say about it. My colleagues, I represent a dis- tural board of the State, and the agricultural people all favor this trictwheretherearetwo largecitiesandoverl,OOO manufacturers., measure. The farmers, as a rule, demand it. No Virginia Rep small and great. There are 10,000 workingmen in those two . resentative need fear to cast his vote for the bill. cities, and not a single man of them has written me upon this Its provisions when enacted into law will work in harmony question. And their commissioner of labor, who has their confi- with the laws of 32 States of the Union. dence and support, has written me that he is in favor of the bill. Oleomargarine, -colored in imitation of butter, will have a fair The merchants in the city of Richmond who deal in this article chance. The temptation to perpetrate fraud and deceive custom all write me that they are in favor of the bill. Gentlemen here ers will be abated, if not entirely removed. have asked me, "How is it that you, representing a commercial It is the duty of every legislative body to pass the necessary as well as an agricultural community, are so strong in favor of laws to prevent fraud and deception. Nothing grows so fast as this bill?" I answer, because I represent an intelligent people crime. Countenance the smallest crime, and it will increase ten who read, and they know the fraud that is being practiced in the fold. License one crime, and there are persons always willing to city of Richmond. Many m€rchants of that city have written me commit a greater crime and point to the crime licensed as their letters indorsing the bill. excuse. Mr. WACHTER. Will the gentleman state what merchants? Pass this bill and 5,000,000 farmers will approve your action, Mr. LAMB. I will insert some of their letters. I ];lave not time while their children will rise up and call you blessed. Pass this now to go over all the names. bill and thousands upon thousands of dealers in butter all through Mr. WACHTER. Are they butter merchants? our land will heave a sigh of relief and say, '' Well done, thou Mr. LAMB. Butter merchants-commission merchants. · good and faithful servants." l,. :Mr. WACHTER. I thought so. The patient, toiling tillers of the soil., the bone and sinew of the lfr. LAMB. Here is a letter that presents the case in such a land, the producers, as well as the consumers, who do not often strong light that it will carry conviction to the mind of my friend ask legislation at your hands, now urge you to pass a mea-sure from Maryland [Mr. WACHTER]: · that will help re:SUscitate our common mother earth. Hon. JoHN LAMB, Washington, D.o. Mr. Chairman, the passage of this bill will relieve struggling DEAB Sm: We write in the interest of the Grout bill, to beg for it your men, helpless women, and defenseless children in nearly every vote and your influence. State of this Union. It will help to .save the farmer. When Beca.u.se the manufacture of butterine has almost destroyed the butter in- you save him you save your country. terest of the State. Because it is not right that the few who are making this bo~ butter Who saves his country saves all things., and all things saved shall bless should add to their millions at the expense of every poor woman m the land him; who lets his country die lets all things die, and all things dying shall who owns a cow. curse him. Because the business in oleomargarine or butterine encourages deception, lt baing regularly advertised and palmed off as geruri.ne butter, and is so ad [Applause.] vertised now in this city. Mr. WOOTEN. Mr. Chairman, as a new member of this House I mention but fe"IV of the many reasons that call for the passage of this Grout bill, and beg you to support the bill. I have followed the course of this debate with some degree of amuse Yours, truly, J.D. MciNTIRE. ment and a still greater degree of amazement; and I believe my The editor of the Southern Planter, a leading agricnltural jour amazement has reached its climax in listening to the remarks of the nal of the South, published in Ri~hmond, Va., writes as follows: gentleman who has just taken his seat-not only amazement, but DEAR Sm: I hope that we may count on you using all your influence in a certain degree of humiliation. The gentleman from Virginia favor of the Grout bill now before the Agricultural Com.nuttee. The dairy [Mr. LAMB] has seen proper to apostrophize Texa-s-" young ing interest in the South, and especially in Virginia, is becoming a large one, Texas "-and the representatives of "young Texas." I can only and this bill is of great importance to tbat interest. Yours, truly, J. F. JACKSON. reply by saying that the saddest thing that can oofall a man or a A petition from the merchants and citizens of Richmond, Va., people or a StRte is to find a shattered idol an" the last Congress. I will merely quote from the "Views of the Mr. WOOTEN. Certainly. minority " of the Committee on Agriculture in support of their Mr. THAYER. Do you not know that the laws against the sale substitute bill, as follows: of thiS patent butter in Massachusetts are more strict than in any Mr. Adams, pure food commissioner of the State of Wisconsin, in his tes other State in this Union to-day? timony before the committee on March 7, 1900, said: Mr. WOOTEN. Certainly; but I know that those laws were "There is no use beating about the bush in this matter. We want to pass this law and drive the oleomargarine manufacturers out of the business." passed in the face of the opinion of the best experts in your State Charles Y. Knight, secretary of the National Dairy Union, in a letter to and because your legislature, like so many others, was subsidized the Virginia Dairyman, dated May 18, 1900, writes: by the same trust that is trying to subsidize this House. [Laugh '"Now is the time for you to clip the fan~s of the mighty octopus of the oleomargarine manufacturers who are ruinmg the dairy mterests of this ter.] I quote from the scientific reports of the board of health of country by manufacturing and selling in defiance of 1a w a spurious article in your State, not from the results of lobbying legislation in the imitation of pure butter. We have a remedy almost in grasp whlch will halls of your legislature. eliminate the manufa,cture of this article from the food-product list. The Grout bill, now pending in the Agricultural Committee of the House of Rep Mr. THAYER. I guess yon have never been up there. resentatives in Congress, meets the demand." Mr. WOOTEN. No, sii·; and I do not want to go there. W. D. Hoard, ex-~overnor of Wisconsin and president of the National [Laughter.l Butihaveread the records of your State, andiknow Dairy Union, stated m his testimony before the committee on March 7,1900, the kind of your legislation from the days of King Philip down. as follows: "To give added force to the first section of the bill, it is provided in the Mr. THAYER. Are there any better laws in any State in the second section that a tax of 10 cents a pound shall be imposed on all oleomar Union than are recorded there in Massachusetts? garine in the color or semblance of butter. In plain words, this is repressive taxation." Mr. WOOTEN. I think so. And on January 13, 1902, in his testimony before the Committee on A¢ Mr. THAYER. Where? In Texas? culture, House of Representatives, the same witness, replying to the question Mr. WOOTEN. I would much prefer the laws of Texas. as to "whether this bill (H. R 9200-or similar measure) would be demanded Mr. THAYER. That is a matter of taste. if, after its passage, just as much oleomar~ine would be manufactured and put on the market as is now manufacturea and sold," said: Mr. WOOTEN. Entirely so. "In that case, sir, I would come before Congress and. demand a. still_higher Mr. TAWNEY. Just as it is in reference to oleomargarine. tax." Mr. WOOTEN. Just as it is with reference to a great many Mr. JOHNSON. What he said was "We will demand a higher other matters involved in this bill. tax.'' Now, Mr. Chairman, I say this question of sanitation, the ques Mr. WOOTEN. .And all this is still further established bythe tion of the wholesome character of oleomargarine as a food, is not fact that the advocates of this measm·e are not willing to confine a debatable question. As I have said, there is not to-day in Amer themselves within the limits of a just and reasonable protection ica or Europe a competent or reliable food expert or chemist who against fraud. If the object was to detect and prevent the sale will declare that oleomargarine is an unwholesome article of food. of spurious imitations of genuine butter, then the law already on No one has done so. the statute books does that as well as any rational police regula Next came the plea for protection against fraudulent imitations tion can do, and if it did not, the substitute bill reported here by of genuine butter, and the" color test" was urged as the criterion the minority of the committee strengthens it to the satisfaction that should be recognized and enforced by law. In all of the first of any man who merely wants protection against fraud. The bills proposed upon this subject the gravamen of the offense was present law forbids the coloring of oleomargarine to imitate but made to consist in the coloring of oleomargarine to resemble real ter, imposes heavy occupation taxes upon the manufacturers and butter, and it was sought to prohibit the use of anycol~ring mat dealers in the article, requires it to be stamped and labeled for ter that would imitate the color of genuine dairy butter. But what it is, and exacts severe penalties for a violation of these pro that argument, too, has failed and is no longer insisted upon. In visions. The substitute bill increases these license taxes, enlarges the testimony before the committee the champions of the Dairy the penalties, and in every way meets the demands for adequate Union admitted that it would not sustain their purpose. They protection to the purchaser and consumer. But this is not testified that genuine butter varies in color at different seasons enough, because it is not what is sought by the dairy trust. They of the year and according to the different cows used and the vari must have "repressive taxation," effective discrimination, total ety of povender fed to the herds. destruction of a rival industry. No man can say with any degree of accuracy or certainty what To show how completely the original contentions upon which the natural color of butter is or may be under varying conditions. the claim for this kind of legislation was based have been aban Therefore it would be manifestly absurd and impracticable to pro doned, we have only to review the history of antioleomargarine hibit or to punish the imitation of an undefined and indefinable legislation. There was a time when the enemies of this trade de color. Then, again, it is universally admitted that most of the clared that oleomargarine was a most despicable and deleterious dairy butter in the market is artificially colored, and that the article, unfit for food consumption under any and all circum dairymen use precisely the same material for the purpose that is stances. That contention was exploded in France thirty years ago. used by the oleomargarine manufacturers, generallywhatis known The first artificial butter was made in that country in 1867, and in the laboratory as "annotto." Now~ the law could scarcely at once a • cow crusade" began against its manufacture and sale, define or impute to any man a fraudulent intent in imitating some~ on the ground of its unwholesomeness. The dairymen were thing that itself has no fixed or natural standard of color and aghast at the prospect of such an inroad upon their monopoly. which itself has been artificially and fraudulently colored to re But the chemists and scientific experts of France declared the semble some supposed standard of excellence or beauty. denunciation to be unfounded in fact and unsupported by ex Mr. LAMB. But my friend knows it is not colored to imitate periment. a superior article. Butter is colored to meet the demand for Mr. LAMB. Does not the gentleman know that both France yellow butter. and Italy legislated against it? Mr. WOOTEN. I do not care to yield further to the vagaries Mr. WOOTEN. Certainly; because the same dairy trust suc of my friend from Virginia. ceeded in controlling the legislature of France that apparently Mr. LAMB. They are not vagaries. controls this House to-day. But the scientific experience and the Mr. WOOTEN. I must decline to yield. Governor Hoard, in scientific judgment of France did not sustain the contention. his testimony before the committee, stated emphatically, and you And I want to tell the gentleman when he goes to foreign coun will fin~ it reported he~e, tha~ no geD;uine butter had any specific tries and foreign governments that he is simply falling in line or definite color; that It vaned at different seasons, and that it with the men who are to-day advocating this kind of legislation. varied in the same bulk taken from the same dairy; and he ex We are not France; neither are we Germany, nor England, nor pressly stated ~hat he refused to have the color test applied to Italy, nor Austria. Weare America, and supposed to be governed butter. He said that there was no means of knowing &t a given by the constitutional rule of uniform and equal taxation. time what is the only and proper color of butter, and therefore In 1888 the State board of health of Massachusetts, after an ex you see how impossible and how impracticable it would be to haustive investigation, reported that the prejudice against oleo apply the test of fraud upon the subject of color. margarine was without foundation in fact or reason; that its Mr. DAHLE. Did not Governor Hoard expres ly state that wholesomeness as food was unquestionable, and that its manu butter had a yellow tinge, and that it varies in shade? facture and sale were attended with as much average care, cleanli Mr. WOOTEN. He expressly stated in the first place, when ness and honesty as genuine butter from the dail-ies of the coun they asked him about it-if he would not be satisfied to leave try.' For ten years past this judgment has been confirmed with oleomargarine uncolored-and he said "no." increasing emphasis by the observation and experience of the Mr. DAHLE. That does not answer my question. Did he not world and there is not to-day in Em·ope or America a reliable claim that all butter is yellow? and c~mpetent chemist or food expert who does not cheerfully at Mr. WOOTEN. No, sir. test the fact that this despised product is among the most desii·a Mr. DAHLE. But in different shades? ble. necessary, healthy, and inexpensive sources of food supply. Mr. WOOTEN. He expressly refused to answer that question So the sanitary argument is no longer seriously urged or listened when proposed to him. Now, I do not care to consume my time to by candid and intelligent men anywhere. by details of the question. You have got the printed hearings Mr. THAYER. Will the gentleman yield for a question? before you. What I am undertaking to show, Mr. Chairman,~ 1902. CONGRESSIONAL RECORD-HOUSE. 1561 that this plea of sanitation, this plea of fraudulent imitation, is a and Federal taxation. Mr. Chairman, I would much prefer to mere subterfuge, a means by which they seek to tear down and consider this measure without regard to the selfish or local or pe destroy and drive out of the market the oleomargarine industry. cuniary interests involved and entirely as an unjust, unwaiTanted, That is the fixed object. and dangerous attempt to promote private monopoly by special Mr. HAUGEN. Does not the gentleman think that fraud has legislation, to invade the constitutional jurisdiction of the several been perpetrated? States of the Union, to destroy freedom of interstate commerce, Mr. WOOTEN. No, sir; to take what some of these men say and to use the supreme prerogative of governmental taxation for you mjght believe so. avowedly oppressive and destructive ends. That is the compre Ml·. HAUGEN. It has been admitted by everybody. hensive, patriotic, and prudent view to take of the matter, and it Mr. WOOTEN. I have never admitted it. is the only view that, it seems to me, ought to prevail with gen Mr. HAUGEN. Eighty per cent of it-- tlemen on this side of the House. Mr. WOOTEN. No man ever admitted it; but these men as I am aware of the fact that some conscientious and able Demo sume it, and base their whole fight upon an assumption, not upon crats on this floor feel constrained to vote for this measure upon established facts. grounds of expediency and local loyalty; but, my friends, if we !.fr. HAUGEN. Everybody knows that 80 per cent of that consent to such legislation in this instance upon such narrow and which is sold is a fraud. selfish considerations, what may we not be called upon to sanction Mr. WOOTEN. Who knows it? in the future, if we are to be logical and consistent? I know that Mr. HAUGEN. Secretary Gage stated that in his report last in my own case there are grave and mighty local interests con year. straining me to oppose the bill; but if I understand my own feel Mr. WOOTEN. That has never been disclosed to this House, ings in the matter those are not the controlling motives that lead and, be ides, is not very good authority. me to raise my protest against it. Since, however, these things Mr. HAUGEN. I think you have disclosed the fact that you must necessarily have their influence in deciding men's actions, do not know very much about what yon are talking about. and have been already introduced as weighty arguments in the Mr. WOOTEN. Perhaps not, but I have read the hearings be course of this debate, let us see for a moment what the lccal, fore the committee, and that is the only means of obtaining au pecuniary, purely commercial aspects of the situation are. thentic information that we have. I do not pretend to know all Who is asking for this legislation? Not the people, not the that some of these gentlemen know in this House, but I say there farmers, not the laboring classes, not the stockmen and stock is no authentic statement of any man here that there is anymore raisers, not the great mass of those who purchase and consume fraud in the treatment and sale of oleomargarine than there is in the the dairy products and the oleomargarine products of the coun sale or manufacture of butter or any other commodity that isput try. On the contrary, the sole and supreme interest behind this upon the market. It would be impossible under the laws to ab and all similar bills that have come to Congress is the great dairy solutely prevent fraud in any line. There is not a pursuit or line trust that has been building up its despotic monopoly throughout of manufacture in this country in which there is not some fraud the country for the past twenty years, and now considers itself committed. If there is, I would like to know what it is. strong enough to destroy by this bill a worthy, profitable, and There is no more fraud committed in the manufacture of oleo flourishing industry that competes with it in the markets of the margarine than there is in dairy butter. Why, I have here a copy Union and the world. That is all there is in the agitation and of the Chicago Dairy Produce, which is the official organ of the enthusiasm in favor of this bill . .National Dairy Union, and in that paper I find a page devoted I know that gentlemen here have said that they have received to an advertisement of a certain preparation of boracic acid, letters from some of their prominent farmer constituents urging called'' Preservitas,'' which is recommended to the butter manu the 'Passage of the bill, but I find in a recent issue of the same facturers, the butter producers, as a means of preserving butter. paper I spoke of before, the Chicago Dairy Produce-the organ Well, we all know the history of boracic acid during the Spanish of the National Dairy Union-a form of circular letter intended war. We know howmanypoor soldiers went to their death with to be copied and sent to Congressmen by such unwary people the preserved beef doctored with a preparation of this same as could' be induced to do so under the false plea that this bill "Preservitas," which this journal says is prepared to be used by is for the benefit of the farmers of the country and against the butter makers. I tell you, there is as much fraud, especially the great oleomargarine trust that is polluting the food supply in the coloring and preservation of butter, as there is in the oleo- and defrauding the people with spurious imitations of butter. I margarine business. · venture to say that every letter that has been sent to members of Mr. DAHLE. Will the gentleman permit me to ask him this this House from their rural constituents emanated from this Chi question: Are you prepared to say that there is at any time any cago prbpaganda, organized and manipulated. by the dairy trust. ingredient put in butter to make it keep except salt? Against this bill the true farmer's interests are arrayed upon Mr. WOOTEN. I speak by authority of the organ of the dairy every consideration of self-protection, upon principle, and upon trust. policy. I have the honor to represent one of the largest and most Mr. DAHLE. If the gentleman says that is the organ of the prosperous agricultural districts in this entire Republic, and I dairy trust, hav-e you any means by which you can prove that? know that my people are opposed to this and all similar meas Mr. WOOTEN. It says so. ures, first, because they are un-Democratic, and next, because Mr. DAHLE. Is there any such thing as a dairy trust? Do they are antagonistic to the true farming interests of the country. you know of such a trust? The great dairy syndicates and unions of the country are not com Mr. WOOTEN. Well, I do not know that anybody knows ab posed of farmers nor allied to the farming class in any way. solutely about any of these great combinations called trusts. On the contrary, they work a positive injury to the real farmer. That is the idea I have about it, and, I think, so would any other They destroy his home market for the butter that his wife and man who was capable of intelligent appreciation. There is no daughters make on the farm; they drive out all local competition doubt that this whole movement was conceived and originated by by the monopoly they are enabled to establish under the patron the National Dairy Union. You can call it a trust if you please. age and protection of laws like this; they depreciate the value of Perhaps it is not, technically and legally speaking, a trust. Some his farm products and his stock-raising industry by practically gentleman called attention the other day to the great butter trust confiscating the property and destroying the trade of the cotton that was organized in Kansas City lately, with $18,000,000 capital. seed-oil mills, packing houses, and stock yards where he is now Mr. POU. Do you doubt that the oleomargarine is a trust also? able to realize ready and lucrative profits from the output of his Mr. WOOTEN. I do not know; and I do not care; but if it is, farm. I deny that any genuine farmer favors this bill or will be I do not think this Congress ought to discriminate between one benefited by it. . trust and another by encouraging the one with a protective tariff Mr. GREEN of Pennsylvania. Forty thousand in Berks and imposing upon the other a proscriptive bm·den that will drive County, Pa., almost all of them Democrats, are asking for this it out. If they are both trusts, then they both ought to be sup legislation. . pressed; but not under a tariff protection so that one may destroy Mr. WOOTEN. How many of them are in the dairy business? the other. I do not believe in that. The taxing power of the Mr. GREEN of Pennsylvania. About 5,000. Federal Government was never conferred by the Constitution for Mr. WOOTEN. I supposed so. I say that the great farming, that purpose. agricultural districts of this country-the true farming popula Mr. DAHLE. Will you allow another question? In speaking tion of the United States-have not asked for this bill, do not of trusts. In the State of Wisconsin-- favor the bill, and will not be benefited by it. Mr. WOOTEN. I do not want to have any controversy with The laboring classes-what is known as" organized labor" you about the State of Wisconsln. I do not care to go into these are against this measure to a man, because it takes from their details, and I decline to yield further. tables and from the poorly supplied larders of their humble homes What we are now asked to do is to impose a confiscatory tax a cheap and wholesome article of food and turns them over to upon the manufa-cture and sale of oleomargarine, regardless of its the tender mercies of the butter trust for such meager and high color and without reference to its counterfeit resemblance to but priced substitute as they can afford to buy. There are hund.red,s ter, and we are told that it is a legitimate exercise of police power of thousands of homes in the United States-the homes of the 1562 CONGRESSIONAL RECORD-HOUSE. F -EBRUARY 10, . wage-earners and breadwinners in our large cities and crowded ciple. It involves a doctrine and policy of Federal power and of fa.ctorydistricts and mining camps-wherenotanounceof butter the taxing prerogatives of the Government that can not be upheld or anything like it will ever go when you have struck down the by anyone who values the correct ideas of our governmental sys oleomargarine industry and established the dairy despotism that tem, still less by any Democrat who 1·espects the teachings and prompts and stands sponsor for this bill. Is the poor man's lot so traditions of his party. The right and power of taxation is the easy now that you can afford to take away any of its pleasures or highest and most responsible function that pertains to any gov add to any of its burdens? ernment, and in a free government like this it is the one preroga And, then, the immense stock-raising interests of the West and tive that approaches to royalty in -its capacity for promoting or Southwest, representing 26 States and Territories and an invested destroying private interests and public prosperity. capital of more than $4,000,000,000-how do they stand toward We all know that the first great parliamentary struggle in this bill? At their last annual session in the city of Denver only England to maintain the principles of English constitutional law two months ago they unanimously resolved to fight it with all was the fight against the Crown monopolies that were being built their power and to appeal to Congress to spare them the terrible up by the special and unusual advantages conferred upon them loss they will inevitably sustain if this blow is struck at them by the royal prerogative-patronage and favor. We can have no from b been general, it has been on quite a number of subjects, not all of REPORTS OF COMMITTEES ON PRIVATE BILLS AND them confined to the oleomargarine bill, and it seems to be an in RESOLUTIONS. justice to these gentlemen to now confine their extensions to the Under clause 2 of Rule XIII, private bills and resolutions were \ oleJ question when they discussed some other question. I have severally reported from committees, delivered to the Clerk, and not made any speech; it is nothing to me. referred to the Committee of the Whole House, as follows: The SPEAKER. The gentleman from Connecticut amends his Mr. THOMAS of Iowa, from the Committee on Claims, to which request by adding that the discussion shall be confined to the oleo was referred the bill of the House (H. R. 299) for the relief of margarine bill. William C. Dodge, reported the same without amendment, accom Mr. WILLIAMS of Mississippi. 1\Ir. Speaker, I was engaged panied by a report (No. 435); which said bill and report were re in conversation, or some one in conversation with me, and I did ferred to, the Private Calendar. not hear the gentleman's request. Mr. SCHIRM, from the Committee on Claims, to which was The SPEAKER. The Chair will restate it. The gentleman referred the bill of the House (H. R. 104:69) for the relief of Mrs. from Connecticut asks unanimous consent that general leave to Eleonora G. Goldsborough, widow of the late Surg. Charles B. print be given all members of the House for ten days, the remarks Goldsborough, reported the same with amendments, accompanied to be confined to the pending bill. Is there objection? [After a by a report (No. 436); which said bill and report were referred pause.] T~e Chair hears none, and it is so ordered. to the Private Calendar. SENATE BILLS ,.AND RESOLUTIOXS REFERRED. Mr. SALMON, from the Committee on Claims, to which was Under clause 2 of Rule XXIV, Senate bills and resolutions of the referred the bill of the House (H. R. 2492) to reimburse the Mel following titles were taken from the Speaker's table and referred lert Foundry and Machine Company for money retained by the to their appropriate committees, as indicated below: United States for failure to complete a contract within a specified S. 605. An act to provide for the purchase of a site and the time, reported the same without amendment, accompanied by a erection of a public building thereon at Newcastle, in the State report (No. 437); which said bill and report were referred to the of Pennsylvania-to the Committee on Public Buildings and Private Calendar. Grounds. Mr. FOSTER of Vermont, from the Committee on ·claims, to S. 567. An act for the relief of H. B. Matteosian-to the Com which was referred the bill of the House (H. R. 367) for the re mittee on Claims. lief of Angus A. McPhee, reported the same without amendment, S. 1609. An act making an appropriation for the purchase from accompanied by a report (No. 438); which said bill and report Forsyth County of a site and building for a post-office and other were referred to the Private Calendar. Government offices in Winston-Salem, N.C., and to authorize the M.r. RUMPLE, from the Committee on Invalid Pensions, to. sale of the present post-office site in Winston-Salem to Forsyth which was refen·ed the bill of the Senate (S. 2012) granting a pen County-to the Committee on Public Buildings and Grounds. sion to Catherine Conroy, reported the same without amendment, S. 903. An act for the relief of William D. Rutan-tothe Com accompanied by a report (No. 439); which said bill and report mittee on Claims. were referred to the Private Calendar. S. 3299. An act granting an increase of pension to Isaiah Tuf Mr. APLIN, from the Committee on Invalid Pensions, to which ford-to the Committee on Invalid Pensions. was referred the bill of the House (H. R. 5553) granting a pension S. 2708. An act respecting proceedings in the courts of the to Nancy E. Hardy, reported the same with amendment, accom United States in the western district of the State of Missouri-to panied by a report (No. 440); which said bill and report were re the Committee on the Judiciary. ferred to the Private Calendar. S. 2086. An act to provide for enlarging the public building Mr. GIBSON, from the Committee on Invalid Pensions, to which at Nashville, Tenn.-to the Committee on Public Buildings and was referred the bill of the House (H. R. 6029) granting a pension Grounds. to Mary E. Kelly, reported the same with amendment, accom S. 2769. An act to fix the fees of United States marshals in In panied by a report (No. 441); which said bill and report were re dian Territory, and for other purposes-to the Committee on the ferred to the Private Calendar. Judiciary. Mr. MIERS of Indiana, from the Committee on Invalid Pen E~""ROLLED BILLS SIGNED. sions, to which was referred the bill of the House (H. R. 7130) granting a pension to Elizabeth Lowden, reported the same with 1\Ir. WACHTER, from the Committee on Enrolled Bills, re amendment, accompanied by a report (No. 442); which said bill ported that they had examined and found truly enrolled bills of and report were referred to the Private Calendar. the following titles; when the Speaker signed the same: Mr. RUMPLE, from the Committee on Invalid Pensions, to H. R. 4372. An act to regulate the collection of taxes in the which was referred the bill of the Senate (S. 2000) granting a District of Columbia; and pension to John M. Core, reported the same without amendment, H. R. 4988. An act for the relief of Mary E. McDonald. accompanied by a report (No. 443); which said bill and report Mr. WACHTER, also from the Committee on Enrolled Bills, were referred to the Private Calendar. reported that this day they had presented to the President of the Mr. DEEMER, from the Committee on Invalid Pensions, to United States for his approval bill of the following title·: which was referred the bill of the House (H. R. 6864) granting H. R. 8761. An act to declare the international railway bridge an increase of pension to Milton A. Embick, reported the same o'"er the St. Lawrence River, near Hogansburg, N.Y., a lawful with amendments, accompanied by a report (No. 444); which structm·e. said bill and report were referred to the Private Calendar. ·wiTHDRA. W .AL OF P .A.PERS FROM THE FILES. Mr. SULLOWA Y. from the Committee on Invalid Pensions, to Mr. OVERSTREET, by unanimous consent, was given leave to which was referred the bill of the House (H. R. 5536) granting an withdraw from the files of the House, without leaving copies, increase of pension to Daniel Schram, reported the same without papers in the case of Rufus Neal, Fifty-sixth Congress, no ad amendment, accompanied by a report (No. 445); which said bill verse report having been made thereon. and report were referred to the Private Calendar. Mr. PAYNE. Mr. Speaker, on behalf of the gentleman from Mr. CALDERHEAD, from the Committee on Invalid Pensions, Connecticut, I move that the House do now adjourn. to which was referred the bill of the House (H. R. 1129) granting The motion was agreed to; and accordingly (at 5 o'clockand25 an increase of pension to William H. Shaffer, reported the same minutes p.m.) the House adjourned until to-morrow at 12 o'clock with amendments, accompanied by a report (No. 44G); which noon. said bill and report were referred to the Private Calend~. Mr. MIERS of Indiana, from the Committee on Invalid Pen sions, to which was referred the bill of the House (H. R. 8471) EXECUTIVE COMMUNICATIONS. granting a pension to Eliza A. Wright, reported the same with Under clause 2 of Rule XXIV, the following executive commu amendments, accompanied by a report (No. 447); which Eaid bill nications were taken from the Speaker's table and referred as fol and report were referred to the Private Calendar. lows: Mr. KLEBERG, from the Committee on Invalid Pensions, to A letter from the Secretary of the Treasury, transmitting a which was referred the bill of the House (H. R. 9696) granting a copy of a communication from the Attorney-General submitting pension to Ezekiel J. Robinson, reported the same wit!:J. amend an estimate of appropriation for penitentiary at Fort Leaven ments, accompanierl by a report (No. 448) ; which said bill and worth-to the Committee on Appropriations, and ordered to be report were referred to the Private Calendar. printed. Mr. HOLLIDAY, from the Committee on Invalid Pensions to Annual report of the Washington and Marlboro Electric Rail which was referred the bill of the Senate (S. 886) granting an'in way Company for the year ending December 31, 1901-to the crease of pension to Jonas M. McCoy, reported the same without Committee on t1e District of Columbia, and ordered to be printed. amendment, accompanied by a report (No. 449); which said bill A letter from the chairman of the Industrial Commission, sub and report were referred to the Private Calendar. mitting .the final report of the Commission-to the Committee on Mr. SAMUEL. W. SMITH, from the Committee on Invalid Labor, and ordered to be printed. Pensions, to which was referred the bill of the House (H. R. 3275) 1902. CONGRESSIONAL RECORD-HOUSE. 1565 granting an increase of pension to William G. Johnson, reported which was referred the bill of the House (H. R. 6687) granting the same with amendment, accompanied by a report (No. 450); an increase of pension to Lorenzo Blackman, reported the same which said bill and report were referred to the Private Calendar. with amendment, accompaniedby a report (No. 467); which said Mr. RUMPLE, from the Committee on Invalid Pensions, to bill and report were referred to the Private Calendar. which was referred the bill of the House (H. R. 3241) granting Mr. APLIN, from the Committee on Invalid Pensions, to which an increase of pension to H. G. Knights, reported the same with was referred the bill of the House (H. R. 2526) granting an in amendments, accompanied by a report (No. 451); which said bill crease of pension to William J. Simmons, reported the same with and report were referred to the Private Calendar. out amendment, accompanied by a report (No. 468); which said Mr. MIERS of Indiana, from the Committee on Invalid Pen bill and report were referred to the Private Calendar. sions, to which was referred the bill of the House (H. R. 5102) Mr. SULLOWA Y, from the Committee on Invalid Pensions, to granting a pension to Margaret Baker, formerly Maggie Ralston, which was referred the bill of the House (H. R. 1697) granting reported the same with amendments, accompanied by a report an increase of pension to Richard A. Lawrence, reported the same (No. 452); which said bill and report were referred to the Pri with amendment, accompanied by a report (No. 469); which said vate Calendar. bill and report were referred to the Private Calendar. 1t1r. APLIN, from the Committee on Invalid Pensions, to which Mr. CALDERHEAD, from the Committee on Invalid Pensions, was referred the bill of the House (H. R. 1503) granting a pen to which was referred the bill of the House (H. R. 10044) granting sion to Michael Farrell reported the same with amendments, ac an increase of pension to Capt. William Larzalere, late of Com companied by a report (No. 453); which said bill and report were panies F and D, Sixty-ninth Ohio Volunteer Infantry, reported referred to the Private Calendar. the same with amendments, accompanied by a report (No. 470); Mr. KLEBERG, from the Committee on Invalid Pensions, to which said bill and report were referred to the Private Calendar. which was referred the bill of the House (H. R. 2167) granting a :Mr. NORTON, from the Committee on Invalid Pensions, to pension to Jane Kuhn, reported the same with amendments, ac which was referred the bill of the House (H. R. 1275) granting companied by a repmt (No. 454); which said bill and report were an increase of pension to Charles W. Thomas, reported the same referred to the Private Calendar. without amendment, accompanied by a report (No. 471); which Mr. SAMUEL W. SMITH, from the Committee on Invalid said bill and report were referred to the Private Calendar. Pensions, to which was referred the bill of the House (H. R. 7771) Mr. JETT, from the Committee on War Claims, to which was granting an increase of pension to Frank Seaman, reported the referred the bill of the House (H. R. 6196) transferring a lot in same with amendment, accompanied by a report (No. 455); which Woodland Cemetery to the city of Quincy, ill., reported the same said bill and report were refe1Ted to the Private Calendar. without amendment, accompanied by a report (No. 472); which Mr. DEEMER, from the Committee on Invalid Pensions, to said bill and report were referred to the Private Calendar. which was referred the bill of the House (H. R. 5982) granting Mr. PRINCE, from the Committee on Military Affairs, to which an increase of pension to Christine B. Knapp, reported the same was referred the bill of the House (H. R. 4260) to correct the with amendment, accompanied by a report (No. 456); which military record of James A. Somerville, reported the same with said bill and report were referred to the Private Calendar. out amendment, accompanied by a report (No. 473); which said Mr. SAMUEL W. SMITH, from the Committee on Invalid bill and report were referred to the Private Calendar. Pensions, to which was referred the bill of the House (H. R. 5413) for the relief of Alfred H. Van Vliet, late adjutant Eleventh ADVERSE REPORTS. Michigan Cavalry, reported the same with amendments, accom panied by a report (No. 457); which said bill and report were re Under clause 2 of Rule XIII, Mr. SLAYDEN, from the Commit ferred to the Private Calendar. tee on Military .A1Iairs, to which was referred the bill of th~ Sen Mr. SULLOWAY, from the Committee on Invalid Pensions, to ate (S. 1019) to relieve Benjamin F. Burgess of the charge of de which was referred the bill of the House (H. R . .1688) gra.nting an sertion, reported the ·same adversely, accompanied by a report increase_of: pension to Charles Armstrong, reported the same with (No. 474); which said bill and report were ordered to lie on the amendment, accompanied by a report (No. 458); which said bill table. and report wereTeferred to the Private Calendar. Mr. CALDERHEAD, from the Committee on Invalid Pensions, CHANGE OF REFERENCE. to which was referred the bill of the House (H. R. 311) granting Under dause 2 of Rule XXII, committees were discharged a pension to Susan H. Ste-vens, reported the same with amend from the consideration of the following bills; which were there ment accompanied by a report (No. 459); which said bill and upon referred as follows: report were refeiTed to the Private Calendar. A bill (H. R. 8004) granting an increase of pension to Matilda Mr. KLEBERG, from the Committee·on Inva.lid Pensions, to .R. Schoonmaker-Committee on Invalid Pensions discltarged, which was referred the bill of the House (H. R. 8180) granting an and referred to the Committee on Pensions. increase of pension to WilliamS. Derby, reported the same with A bill (H. R. 8553) granting a pension to Joseph Tusinski out amendment, accompanied by a report (No. 460); which said Committee on Invalid Pensions discharged, and referred to the bill and report were referred to the Private Calendar. Committee on Pensions. Mr. GIBSON,from theCommitteeoninvalidPensions, towhich A bill (H. R. 7364) granting an increase of pension to .:Maria was referred the bill of the House (H. R. 9149) granting a pension Louisa Michie-Committee on Invalid Pensions discharged, and to Sara B. Andrews. reported the same with amendment, accom referred to the Committee on Pensions. panied by a report (No. 461); which said bill and report were re ferred to the Private Calendar. PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. Mr. KLEBERG, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 9821) granting an Under clause 3 of Rule XXII, bills, resolutions, and memorials · increase of- pension to John W. Moore, reported the same with of the following titles were introduced and severally referred as amendments, accompanied by a report (No. 462); which said bill follows: and report were referred to the Private Calendar. By Mr. BARTLETT: A bill (H. R. 11094) for the erection of a Mr. NORTON, from the Committee on Invalid Pensions, to public building at Macon, Ga.-to the Committee on Public which was refened the bill of the House (H. R. 282) granting an Buildings and Grounds. increase of pension to John O'Rourke, reported the same without By Mr. JENKINS: A bill. (H. R. 11095) to amend the charter amendment, accompanied by a report (No. 463); which said bill of the Columbia Railway Company of the District of Columbia and report were referred to the Private Calendar. to the Committee on the District of Columbia. Mr. DARRAGH, from the Committee on Invalid Pensions, to By Mr. CRUMPACKER: A bill (H. R. 11096) to refund the which was refeiTed the bill of the House (H. R. 2600) granting a amount of duties paid in Porto Rico upon articles imported from pension to Richmond L. Booker, reported the same with amend the several States from April11, 1899, to May 1, 1900, to confer ments, accompanied by a report (No. 464); which said bill and jurisdiction on the Com of Claims to render judgment thereon, report were referred to the Private Calendar. and making an appropriation therefor-to the Committee on the Mr. GIBSON, from the Committee on Invalid Pensions, to Judiciary. which was referred the bill of the Senate (S. 700) granting a pen By Mr. FLOOD: A bill (H. R. 11097) to require city and street sion to Rebecca Dobbins, reported the same without amendment, railway companies to use vestibule fronts in certain months-to accompanied by a report (No. 465); which said bill and report the Committee on the District of Columbia. were referred to the Private Calendar. By Mr. BENTON: A bill (H. R. 11098) to grant the right of Mr. APLIN, from the Committee on Invalid Pensions, to which way through Oklahoma Territory, including the Osage Reser was referred the bill of the House (H. R. 1743) granting a pension vation, and the Indian Territory to the M:iilsouri, Kansas and to S. A. Graves, reported the same with amend:ruents, accom Oklahoma Railroad Company, and for other purposes-to the panied by a report (No. 466); which said bill and report were Committee on Indian Affairs. referred to the Private Calendar. By Mr. NORTON: A bill (H. R. 11099) to amend section 1189 Mr. DARRAGH, from the Committee on Invalid Pensions, to of chapter 35 of "An act to establish a code of law for th~ Dif!trict 1566 CONGB,ESSIONAL RECORD-HOUSE. FEBRUARY 10, of Columbia~" approved March 3, 1901-to the Committee on the pension to John W. Copley-to the Committee on Invalid Pen District of Columbia. sions. By Mr. YOUNG: A bill (H. R.11100) grantingincrease of pen Also, a bill (H. R. 11123) granting a pension to William Hutch sion from $72 per month to $90 per month-to the Committee on ison-to the Committee on Invalid Pensions. Invalid Pensions. By Mr. KETCHAM: A bill (H. R.11124) granting an int;rease By Mr. SOUTHARD: A bill (H. R. 11101) providing for a naval of pension to Mary Scott-to the Committee on Invalid Pensions. training station on Lake Erie at or near Toledo, Ohio-to the Com By Mr. KLEBERG: A bill (H. R. 11125) granting an increase mittee on Naval Affairs. of pension to John S. Campbell-to the Committee on Invalid By Mr. BANKHEAD: A bill (H. R. 11172) to grant aright of Pensions. way to the Warrior Southern Railway Company through the By Mr. LESTER: A bill (H. R. 11126) for the relief of the es tract of land in the State of Alabama reserved for the use of the tate of Mary A. Bell, deceased-to the Committee on War Claims. United States in connection with the improvement of the Black Also, a bill (H. R. 11127) for the relief of the Propeller Tow Warrior River, and known as Lock 4-to the Committee on Riv Boat Company, of. Savannah-to the Committee on War Claims. ers and Harbora. By Mr. LOVERING: A bill (H. R. 11128) for the relief of Har By Mr. PEARRE: A bill (H. R. 11173) authorizing the Wash rison Loring-to the Committee on War Claims. ington Gaslight Company to purchase the Georgetown Gaslight By Mr. MICKEY: A bill (H. R. 11129) granting an increase of Company, and for other purposes-to the Committee on the Dis pension to Garret L Post-to the Committee on Pensions. trict of Columbia. Also, a bill (H. R. 11130) granting a pension to William Hall By Mr. VANDIVER: A bill (H. R. 11174) providing for the to the Committee on Invalid Pensions. erection of a. public building at Poplarbluff, Mo.-to the Commit By Mr. MUDD: A bill (H. R. 11131) to carry into effect the tee on Public Buildings and Grounds. finding of the Court of Claims in behalf of Peter Targarona-to Also, a bill (H. R. 11175) providing for the. erection of a public the Committee on War Claims. building at Cape Girardeau, Mo.-to the Committee on Public By Mr. MUTCHLER: A bill (H. R. 11132) for the relief of Buildings and Grounds. John Sailer, or Sailor, late private, Company A, Forty-seventh Also, a bill (H. R. 11176) providing for the erection of a public Regiment Pennsylvania Volunteers-to the Committoo on Invalid building at W ~st Plains, Mo.-to the Committee on Public Build Pensions. ings and Grounds. By Mr. PRINCE: A bill (H. R. 11133) granting an incrOO$ of By Mr. SMITH of lllinois: A resolution (H. Res. 128) to pro pension to James D. Lafferty-to the Committee on Invalid Pen vide a clerk to the Committee on Private Land Claims, at $2,000 sions. per annum-to the Committee on Accounts. Also, a bill (H. R. 11134) granting~ increase of pension to Josiah Tilden-to the Committee on Invalid Pensions. By Mr. RICHARDSON of Alabama: A bill (H. R. 11135) for the PRivATE BILLS AND RESOLUTIONS. relief of Mary C. Smith, heir at law of Alexander F. Perryman, Under clause 1 of Rule XXII, private bills of the follo-wing deceased-to the Committee on War Claims. titles were presented and referred as follows: Also, a bill (H. R. 11136) for the relief of Ja~ob A. Paulk, of By Mr. ACHESON: A bill (H. R. 11102) granting an increase Lauderdale County, Ala.-to the Committee on War Claims. of pension to Francis A. W allaoe-to the Committoo on Invalid Also, a bill (H. R. 11137) for the relief of Jacob A. Paulk, of Pensions. Lauderdale County, Ala., administrator of Johnson A. Paulk-to Also. a bill (H. R. 11103) granting an increase of pension to the Committee on War Claims. Samuel H. Barnett-to the Committee on Invalid Pensions. Also, a bill (H. R. 1113 ) for the relief of the estate of Marins B. Also, a bill (H. R. 11104) granting an increase of pension to Cawthon, deceased-to the Committee on W ~ Claims. Milton S. Collins-to the Committee on Invalid Pensions. By Mr. RICHARDSON of Tennessee: A bill (H. R. 11139) grant Also, a bill (H. R. 11105) granting an increase of pension to ing a pension to Carter B. Harrison-to the Committee on Invalid Benjamin F. Hawthorne.-to the Committee on Invalid Pensions. Pensions. Also, a bill (H. R. 11106) granting an increase of pension to By Mr. SHAFROT.H: A bill (H. R. 11140) granting a pension George W. Lloyd-to the Committee on Invalid Pensions. to Madison M. Burnett-to the Committee on Invalid Pensions. Also, a bill (H. R. 11107) granting a pension to James Mor Also, a bill (H. R. 11141) granting an increase of pension to rison-to the Committee on Invalid Pensions. John H. Burrowes-to the Committee on Invalid Pensions. Also, a bill (H. R. 11108) granting an increase of pension to Also, a bill (H. R. 11142) granting an increase of pension to Bazel Lemley-to the Committee on Invalid Pensions. Francis H. Leclaire.-to the Committee on Invalid Pensions. Also, a bill (H. R. 11109) granting a pension to Enoch Calvert By Mr. SllfS~ A bill (H. R.11143) for the relief of John Smith to the Committee on Invalid Pensions. to th& Committee on War Claims. By Mr. BENTON: A bill (H. R. 11110) to carry out the find By Mr. TALBERT: A bill (H. R. 11144) granting an increase ings of the Conrt of Claims in the case of John R. Henderson, of pension to Anderson Howar~-to the Committee on Pensions. administrator of :Michael C. Henderson, deceased-to the Com Also, a bill (H. R. 11145) granting an increase of pension to mittee on War Claims. Mary Ann Key-to the Committee on Pensions. Also, a bill (H. R. 11111) to cal'l'y out the findings of the Court By Mr. TAYLOR of Alabama: A bill (H. R. 11146) for the of Claims in the case of C: T. Wilson, administrator of Philip relief of the personal representatives of Newton T. Demouy-to Mathews, deceased-to the Committee on War Claims. the Committee on Claims. By Mr. BROMWELL: A bill (H. R. 11112) granting a pension By Mr. TOMPKINS of Ohio: A bill (H. R. 11147) granting an to S. Agnes Young-to the Committee on Invalid Pensions. increase of· pension to Wilson Tolbert-to the Committee on In By Mr. BROWN: A bill (H. R. 11113) granting an increase of valid Pensions. pension to John Mohr-to the Committee on Invalid Pensions. Also, a bill (H. R. 11148) granting an increase of pension to Hv Mr. CREAMER: A bill (H. R.1111~) forthereliefofHannah James Woodruff-to the Committee on Invalid Pensions. E. Boardman, administratrix of William Boardman, deceased Also, a bill (H. R. 11149) granting a pension to David Hood....:.... to the Committee on War Claims. to the Committee on Invalid Pensions. By Mr. CRUMPACKER: A bill (H. R. 11115) granting a pen Also, a bill (H. R. 11150) granting an increase of pension to sion to Angeline H. Taylor-to the Committee on Invalid Pensions. John Logan-to the. Committee on Invalid Pensions. By. Mr. DALZELL: A bill (H. R.11116) gt·antinganincreaseof Also~ a bill (H. R. ·11151) granting a pension to Sarah R. Dew pension to George Knorr-to the Committee on Invalid Pensions. land-to the Committee on Invalid Pensions. By Mr. DOVENER: A bill (H. R. 11117) to pension William Also, a bill (H. R. 11152) granting an increase of pension to T. Hamilton, of Wheeling, Ohio County, W. Va.-to the Com George W. Recob-to the Committee on Invalid Pensions. mittee on Invalid Pensions. Also, a bill (H. R.11153) granting an increase of pension to H. Also, a bill (H. R. 11118) to pension R. J. Myers, of Wheeling, Berkstresser-to the Committee on Invalid Pensions. Ohio County, W. Va.-to the Committe& on Invalid Pensions. Also, a bill (H. R. 11154) granting a pension to Joseph Lan By Mr. GROSVENOR: A bill (H. R. 11119) granting an in ning-to the Committee on Invalid Pensions. crea e of pension to J. M. Parker-to the Committee on Invalid Also, a bill (H. R. 11155) granting an increase of pension to Pensions. Henry F. Byers-to the Committee on Invalid Pensions. By Mr. HEMENWAY: A bill (H. R. 11120) granting an in Also, a bill (H. R. 11156) granting a pension to Martha Alice crease of pension to Mary F. Parke--to the Committee on In McCloud-to the Committee on Invalid Pensions. valid Pensions. Also, a bill (H. R. 11157) granting a pension to Lucia M. By Mr. HEPBURN: A bill (H. R. 11121) granting an increase Adams-to the Committee on Invalid Pensions. in the pension of George W. Hubbard-to the Committee on In Also, a bill (H. R. 11158) granting an increase of pension to valid Pensions. 0. R. Brak~to the Committee on Invalid Pensions. By Mr. HUGHES: A bill (H. R. 11122) granting an increase of By Mr. TRIMBLE: A bill (H. R. 11159) to remove the charge -- 1902. CONGRESSIONAL RECORD-. HOUSE. 1567 of desertion from the military record of John C. Kane-to the 481, of Cincinnati, Ohio, against the reduction of duty on Cuban Committee on Military Affairs. cigars and tobacco-to the Committee on Ways and Means. By Mr. WATSON: A bill (H. R. 11160) granting an increase of Also, paper to accompany House billl1112, granting an increasa pension to Joshua F. Spurlin-to the Committee on Invalid Pen of pension to S. Agnes Young-to the Committee on Invalid Pen sions. sions. Also, a bill (H. R. 11161) granting an honorable discharge to By Mr. BROWNLOW: Petition of citizens of Midway and George W .. Allison-to the Committee on Military Affairs. Greenville, Tenn., for amendment of Constitution to prohibit and Al o, a bill (H. R. 11162) granting an honorable discharge to punish polygamy and defining legal marriage-to the Committee Samuel Brown-ro the Committee on Military Affairs. on the Judiciary. Also, a bill (H. R. 11163) granting an increase of pension to By Mr. CASSINGHAM: Resolution of the Ohio State Grange. John Lawrence-to the Committee on Invalid Pensions. Patrons of Husbandry, of Tippecanoe County, Ohio, in favor of Also, a bill (H. R. 11164) granting a pension to Godfrey Wil the election of United States Senators by a direct vote of the peo liams-to the Committee on Invalid Pensions. ple-to the Committee on Election of President, Vice-President, Also. a bill (H. R. 11165) granting an honorable discharge ro and Representatives in Congress. Isaac Hampton-to the Committee on Military Affairs. Also, petition of the National Live Stock Exchange of Chicago, Also, a bill (H. R. 11166) granting an increase of pension to ill., asking for legislation repealing the tax on sales of live stock Jonathan Harlan-to the Committee on Invalid Pensions. made at market centers-to the Committee on Ways and Means. By Mr. WILEY: A bill (H. R. 11167) granting a pension ro By Mr. DALZELL: Resolutions of Wood, Wire, and Metal Godfrey Harris-to the Committee on Invalid Pensions. . Lathers' Union No. 33, of Pittsburg,Pa., in favor of the exclusion By Mr. BROWNLOW: A bill (H. R. 11168) granting an in of Chinese laborers-to the Committee on Foreign Affairs. creaee of pension to Isaac Phipps-to· the Committee on Pensions. By Mr. DEEMER: Resolution of Carpenters' Union No. 691, of By Mr. WILLIAMS of lllinois: A bill (H. R. 11169) ro increase Williamsportr Pa., for the reenactment of the Chinese-exclusion the pension of Jesse D. Echols-to the Committee on Invalid act-to the Committee on Foreign Affairs. Pensions. By Mr. E.MERSON: Petition of A.M. CookPost,No. 326, Grand By Mr. BURKE of South Dakota: A bill (H. R.11170) granting Army of the Republic, of Greenwich, N. Y., favoring construction an increase of pension to William Kunselman-to the Committee of war vessels in United States navy-yards-to the Committee on 011 Invalid Pensions. Naval Affairs. By Mr. PEARRE: A bill (H. R.11171) granting relief to Eliza By Mr. ESCH: Resolutions of Cigar Makers' Union No. 61, of beth A. Nalley-to the Committee on Invalid Pensions. La Crosse, Wis., favoring a further restriction of immigration to the Committee on Immigration and Naturalization. By Mr. GREENE of Massachusetts: Resolutions of the Board PETITIONS, ETC. of Trade of Lynn, Mass., favoring the appointment of a commis Under clause 1 of Rule XXII, the following petitions and papers sioner to inquire into trade relations with China and to establish wme laid on the Clerk's desk and referred as follows: a permanent exposition of American products-to the Committee By the SPEAKER: Petition of Voorhis Post, No. 72, of Eldon, on Foreign Affairs. and Buckner Post, No. 154, of Eldora, Department of Iowa; Meade By Mr. GROSVENOR: Resolution of the National Live Stock Post, No. 40, and Asbury Caldwell Post, No. 51, Department of Association, at Chicago, ill., protesting against class legislation Maine; C. D. Sanford Post, No. 79, and E. P. Hopkins Post, No. directed against coloring, manufacture, or sale of oleomargarine 209, Department of Massachusetts, Grand Army of the Republic; to the Committee on Agriculture. also petition of Joseph A. Dudgeon, for investigation of the ad Also, resolution of Federal Labor Union No. 6876, of Chilli ministration of the Bureau of Pensions-to the Committee on cothe, Ohio, in relation to the arid-land measure-to the Commit ·Rules. tee on Irrigation of Arid Lands. By Mr. ACHESON: Resolution of Painters' Union No. 208, Also, resolution of the American Farm Company, of Morocco, Washington, Pa., for the reenactment of the Chinese-exclusion Ind., in opposition to reduction of tariff on sugar-to the Com law-to the Committee on Foreign Affairs. mittee on Ways and Means. By Mr. ALEXANDER: Resolutions of Car Builders' Union of By Mr. HEMENW.A Y: Petition of General Willich Post, No. Buffalo, N.Y. , asking for reenactment of the Chinese·exclusion 543, Department of Indiana, Grand Army of the Republic, urg law-to the Committee on Foreign Affairs. ing that the navy-yards be utilized for the construction of war · By Mr. BARTHOLDT: Petitions of the American Congress vessels-to the Committee on Naval Affairs. Society of St. Louis, Mo., and other citizens of St. Louis, Mo., in By Mr. HILDEBRANT: Petition of Anna Quinby and other favor of a Federal election la\\'"-to the Committee on election of citizens of Edenton, Ohio, in favor of an amendment to the Con President, Vice-President, and Representatives in Congress. stitution defining legal marriage to be monogamic, etc.-to the Also, petition of Press Feeders' Union. No. 43, of St. Louis, Committee on the Judiciary. _ Mo. , in favor of the reenactment of the Chinese-exclusion act-to By Mr. JACU'ON of Kansas: Petition of Earlton Post, No. the Committee on Foreign Affairs. 206, Grand Army of the Republic, Department of Kansas. for in By 1\Ir. BARTLETT: Resolution of mayor and council of Sa vestigation of the administration of the Bureau of Pensions-to vannah Ga., favoring the passage of Honse bill5796, to promote the Committee on Rules. the efficiency of the Re-venue-Cutter Service-to the Committee By Mr. JENKINS: Petition of Ellsworth Post, No. 118, De on Interstate and Foreign Commerce. partment of Wisconsin, Grand Army of the Republic, for in· By Mr. BELL: Resolution of Miners' Union No. 32, of Victor, vestigation of the administration of the Bureau of Pensions-to Colo., in opposition to Mongolian immigration-to the Committee the Committee on Rules. on Foreign Affairs. By Mr. JOY: Petition of 1,240 merchants and manufacturers Also resolution of the State Hm.·ticultural Society, of Boulder, of Kansas City, Mo., favoring reciprocal trade agreement between Colo., in opposition to reduction of tariff on sugar-to the Com the United States and Canada-to the Committee on Ways and mittee on Ways and Means. Means. Also, resolution of the State Horticultural Society, of Boulder, By Mr. KITCHIN: Papers to accompany Honse bill 1360, for Colo. , in relation to the arid-land measure-to the Committee on the relief of W. J. Tapp & Co.-to the Committee on Claims. liTigation of Arid Lands. . By Mr. LACEY: Petition of citizens of Newton, Iowa, for By 1\Ir. BINGHAM: Resolution of the Philadelphia Maritime amendment of pension act of 1901-to the Committee on Invalid Exchange, opposing the passage of Senate bills 1791 and 1'792 and Pensions. House bills 4424 and 9059, amending the so-called Hart~r Act-to By Mr. LESTER (by request): Petition of Smith Birdsey Day the Committee on Interstate and Foreign Commerce. ton, in relation to privateering in the war of the Revolution-to Also, resolution of the Philadelphia Maritime Exchange, favor the Committee on War Claims. ing House bill 7189 and Senate bill 2162, relating to the United By Mr. LITTAUER: Resolution of Cigar Makers' Union of States Marine-Hospital Service-to the Committee on the Mer Gloversville, N.Y., favoring an educational test in the restriction chant Marine and Fisheries. of immigration-to the Committee on Immigration and Natural Also, resolutions of the Philadelphia Maritime Exchange, ask ization. ing for reciproGal tariff with Cuba-to the Committee on Ways Also, resolution of the Massena (N.Y.) Board of Trade, for the and Means. removal of a bar from the head of Long Sault Island. St. Law By Mr. BOWERSOCK: Petition of the National Live Stock Ex rence River, to the mainland-to the Committee on Rivers and change, for the repeal of the tax on sales of live stock made at Harbors. market centers-to the Committee on Ways and Means. By Mr: LITTLEFIELD: Resolution of Bath Lodge, No. 466, Also, resolutions of the Chamber of Commerce of Wichita, Bath, Me., Association of Machinists, for the passage of laws Kans., favoring amendments to the interstate-commerce law-to which will prevent the immigration of persons who can not read the Committee on Interstate and Foreign Commerce. to the Committee on Immigration and Naturalization. By Mr. BROMWELL: Resolution of Cigar Makers' Union No. By Mr. LOUDENSLAGER: Petition of Newport Council, No. 1568 CONGRESSIONAL REOORD-SENATE. FEBRUARY 11, 199, Junior Order United American :Mechanics, of Newport, Hammansburg, Ohio, and Flint Glass Workers' Union No. 81, of N.J., and of Cabinetmakers' Union No.5, of Trenton, N. J.,fav Toledo, Ohio, for the reenactment of the Chinese-exclusion laws oring a reenactment of the Chinese-exclusion law-to the Com to the Committee on Foreign Affairs. mittee on Foreign Affairs. By Mr. STEWART of New York: Petition of Plumbers and Also, petition of residents of Salem County, N. J., for anti Gas and Steam Fitters' Union No. 105, of Schenectady, N.Y., in polygamous legislation-to the Committee on the Judiciary. favor of the exclusion of Chinese laborers-to the Committee on By Mr. MARSHALL: Petition of Louis McLean Hamilton Foreign Affairs. Post, No. 15, of Grafton, N. Dak., favoring the construction of Also, resolution of Carpenters' Union No. 146, of Schenectady, war ships at the navy-yards-to the Committee on Naval Affairs. N. Y., favoring the building of war vessels in the navy-yards-to By Mr. MARTIN: Resolution ~f South Dakota Retail Mer the Committee on Naval Affairs. chants' Association, in relation to penny postage-to the Com By Mr. TRIMBLE: Petitions of citizens of the Seventh Con mittee on the Post-Office and Post-Roads. gressional district of Kentucky, asking for an antipolygamy By Mr. MOODY crf Massachusetts: Petition of Otis W. Wallace amendment to the National Constitution-to the Committee on Post, No. 106, Grand Army of the Republic, Department of Mas the Judiciary. sachusetts, for investigation of the administration of the Bureau By Mr. WANGER: Petition of Cigar Uakers' Union No. 489, of Pensions-to the Committee on Rules. of Souderton, Pa., for an educational test for immigrants-to the By Mr. MOODY of Oregon: Petition of Portland Printing Press Committee on Immi2ration and Naturalization. men's Union, No. 43 asking passage of an exclusion lawthatwill By Mr. WARNOCK: Papers to accompany House bill 5700, apply to Asiatic labor generally-to the Committee on Foreign granting a pension to Wilhelmina Stout-to the Committee on Affairs. Invalid Pensions. Also, petition of liquor dealers of Portland, Oreg., favoring the By Mr. WEEKS: Resolution of Michigan Chapter, American adoption of certain amendments to House bill 178, relating to the Institute of Architects, urging the continuation of the office of internal-revenne laws-to the Committee on Ways and Means. Architect of the Capitol-to the Committee on Approp1iations. By Mr. MORRELL: Petition of the Dlinois Manufacturers' By Mr. WILLIAMS of Illinois: Paper to accompany House bill Association, favoring rec1procal trade relations with Cuba-to 11169, granting an increase of pension to Jesse I. Echols-to the the Committee on Ways and Means. Committee on Invalid Pensions. · Also, petition of Consolidated Stock and Petroleum Exchange By Mr. WILSON: Resolutions of the Illinois Manufacturers' of New York and of the National Live Stock Exchange, for re As ociation, for extension of trade between United States and peal of war-revenue tax-to the Committee on Ways and Means. Cuba-to the Committee on Ways and Means. Also, petition of National Tea Duty Repeal Association, favoring Also, petition of Mrs. Josie N. Glass and others, of Brooklyn, repeal of war tax on tea-to the Committee on Ways and Means. N. Y., for an amendment to theNational Constitution defining legal By Mr. NAPHEN: Resolutions of the Lynn Board of Trade, marriage to be monogamic-to the Committee on the Judiciary. Lynn. Mass., for the establishment of a permanent exposition of Also, petition of General Henry W. Slocum Post, No. 28, De American products in Shanghai, China-to the Committee on partment of New York, Grand Army of the Republic, favoring Foreign Affairs. the construction of war ships at the navy-yards-to the Commit By Mr. PATTERSON of Pennsylvania: Resolution of Car tee on Naval Affairs. penters and Joiners' Union No. 228, of Pottsville, Pa., urging the Also, petitions of R. Amavizcar & Co., of Habana, Cuba; Hey reenactment of the Chinese-exclusion law, etc.-to the Commit drich Rafiloer, of New York. and Virginia Poro, of Santiago de tee on Foreign Affairs. Cuba, urging reciprocal relations with Cuba-to the Committee Also, ·resolution of Team Drivers' Union No. 251, of Shenan on Ways and Means. doah, Pa., favoring the construction of war vessels in Govern Also, resolution of New York Odontological Society, favoring ment navy-yards-to the Committee on Naval Affairs. a dental corps for the United States Navy-to the Committee on By Mr. PRINCE: Resolution of Chamber of Commerce of Naval Affairs. Quincy, ill., favoring Senate bill569, providing for a department Also, resolutions of the Central Federated Union of New York, of commerce and industries-to the Committee on Interstate and favoring the passage of House bill 6279, to increase the pay of let Foreign Commerce. ter carriers-to the Committee on the Post-Office and Post-Roads. Also, petition of H. S. Weakley and others, of Galesburg, ill., By Mr. WOODS: Resolution of Southwest Miners' Association, for the repeal of portions of the war-revenue act-to the Com Los Angeles, Cal., for the establishment of a national department mittee on Ways and Means. of mining, etc.-to the Committee on Mines and Mining. By Mr. RICHARDSON of Alabama: Papers and photographs to accompany House bill4015, for the relief of the trustees of the Methodist Episcopal Church South, Decatur, Ala.-to the Com SENATE. mittee on War Claims. Also, petition of A. H. Irons, D. Cook, A. A. Hardage, and D. W. TuESDAY, February 11, 1902. Speake, board of deacons, to accompany House bill 4026, for the Prayer by the Chaplain, Ret. W. H. MILBURN, D. D. relief of the Presbyterian Church of Decatur, Ala.-to the Com · The Secretary proceeded to read the Journal of yesterday's pro mittee on War Claims. ceedings, when, on request of Mr. GALLINGER, and by unanimous . By Mr. ROBINSON of Indiana: Petition of C. J. Ricker and 4 consent, the further reading was dispensed with. other citizens of Edgarton, Ind., for the election of United States The PRESIDENT pro tempore. Without objection, the Jour Senators by direct vote of the people, etc.-to the Committee on nal will stand approved. Election of President, Vice-President, and Representatives in Congress. SOUTH HAVEN HARBOR IMPROVE.MENT. By Mr. RYAN: Petition of National Live Stock Exchange, for The PRESIDENT pro tempore laid before the Senate a com reduction of certain portions of the war-revenue tax-to the Com munication from the Secretary of War, transmitting, in response mittee on Ways and Means. tQ a resolution of the 9th ultimo, certain information relative to Also, resolution of Baltimore Chamber of Commerce, favoring the report of Capt. Charles Keller, Corps of Engineers, concern amendment of Harter Act of 1893, to prevent penalizing American ing certain proposed improvements of South Haven Harbor, Michi goods-to the Committee on Interstate and Foreign Commerce. gan; which was referred to the Committee on Commerce, and By Mr. SHALLENBERGER: Petition of Otto Fliesbach and 6 ordered to be printed. others, of Chase County, Nebr., against House bill6578, known MESSAGE FROM THE HOUSE. as the parcels-post bill-to the Committee on the Post-Office and Post-Roads. A message from the House of Representatives, by Mr. W. J. By Mr. SCARBOROUGH: Petition of Moses Quick, of Marl BROWNING, its Chief Clerk~ announced that the House had passed boro County, S. C., praying reference of war claim to Court of a concurrent resolution authorizing the Clerk of the House of Claims-to the Committee on War Claims. Representatives, in the em·ollment of the bill (H. R. 9315 ) making By Mr. SHAFROTH: Resolution of Colorado State Horticul- appropriations to supply urgent deficiencies in the appropriations tural Society, agajnst reciprocal trade relations with Cuba ad for the fiscal year ending June 30, 1902, and for prior years, and mitting sugar free-to the Committee on Ways and Means. for other purposes, to insert the word" thirteenth," on page 9, in Also, resolution of the Colorado State Horticultural Society, line 9, in lieu of the word "thirtieth; " in which it requested the favoring Government reclamation of arid lands-to the Commit concurrence of the Senate. tee on Irrigation of Arid Lands. ENROLLED BILLS SIGNED. By Mr .. SOUTHARD: Resolutions of Gas Well Workers' Union The message also annmmced that the Speaker of the House had No. 43, of North Baltimore, Ohio, and Brotherhood of Stationary signed the following enrolled bills; and they were thereupon signed Firemen No.2, of Toledo, Ohio, favoring the construction of war by the President pro tempore: vessels in Government navy-yards-to the Committee on Naval A bill (H. R. 4372) to regulate the collection of taxes in the Dia .Affairs . trict of Columbia; and .Al.Bo, resolutions of Oil and Gas Well Workers' Union No.5, of A bill (H. R. 4988) for the relief of Mary E. McDonald.