1909. CONGRESSIONAL RECORD-SENATE. 4493

By l\fr. MOORE of Pennsylvania: Petition of Societa Italiana City, N. Y., relative to a reduction orthe duty on butter, cheese, di l\i. S. San Donato val di Comino, favoring October 1.2 as a and eggs, which-were ordered to lie on the table. national holiday in honor of Columbus-to the Committee on the He also presented petitions of the East New York Coopera­ Judiciary. tive Savings nnd Building Loan Association, of Brooklyn; of By l\fr. SULZER: Petition of clear Habana cigar manufactur­ the Mount St. Vincent Cooperative Building and Loan Associa­ ers of the United States, against graduated tax on cigars-to tion, of ; of the Brooklyn Mutual Building and the Committee on Way· and Means. Loan Association, of Brooklyn; of the Savings, Loan and .Also, petition of Charles H. Schieren Company and Pfister Building Association, of Watertown; of the National Surety & Vogel Leather Company, both of New York, for free hides- Company, of New York City; of Staten Island Lodge, No. 56, to the Committee on Ways and Means. _ Brotherhood of Railroad Trainmen, of Staten Island; of Local Also, petition of a committee of consumers of New York, fa­ Lodge, Brotherhood of Ilailroad Trainmen, of Binghamton; of voring an equitable tariff, etc.-to the Committee on Ways and the Sayings and Loan Association, of Niagara Falls; of the Uean . Tuckahoe Home-Building and Loan Association, of Tuckahoe; By hlr. WEBB: Petition of citizens of North Carolina, favor­ and of J . F . Bingham Lodge, No. 155, Brotherhood of Locomo­ ing a parcels-post law-to the Committee on the Post-Ofil~e and ti>e Firemen, of New York City, all in the State of New York, Post-Roads. praying tllat building and loan associations be exempted from the propo ed tax on corporations, which were ordered to. lie on SENATEQ the table. He also pre ented a petition of the New York Team Owners' FRIDAY, J'uly 16, l909. As ociation, of Kew York City, N. Y., praying that oats, hay, and horses be placed on the free list, which was ordered to li~ on Prayer 'by the Chaplain, Rev. U1ys es G. B. Pierce, D. D. the table. The VICE-PRE8IDE~T resumed the chair. Ur. BURTON presented resolutions adopted by the Board of 'I'he Secretary proceeded to read the Journal of the proceed­ Trade of Columbus, Ohio, remonstrating against the proposed ings of Tuesday last, when, on request of Mr. LoooE, and by tax on corporations, which were ordered to lie on the table. unanimous consent. the further reading was dispensed with. The VICE-PRESIDENT. Without objection, the Journal REPORTS OF A COMMITTEE. stands approved. SE ATOR FROM GEORGIA. :Mr. NELSON, from the Committee on Commerce, to whom was referred the bil1 (S. 2179) to authorize and empower J. L. l\lr. BACON. l\fr. President, I pre ent the credentials of Hankinson, N. B. Dial, and their associates, successors, and as­ my colleague [Mr. CLAY], who has been elected for the term signs to construct a dam, reported it with amendments, and sub­ beginning the 4th of l\1arch last. I ask that the sarue be read mitted a report (No. 14) thereon. and placed on file. .Mr. l\IA.IlTIN. I am directed by the Committee on Commerce, The credentials of ALEXANDER S. CLAY, chosen by the legis­ to whom was refened the bill ( S. 2829) to authorize Bradley lature of the State of Georgia :i Senator from that State for County, Ark., to construct a bridge across Saline River. in said the term beginning 1\Iarch 4, 1900, were read and ordered to be filed. county and State, to report it without amendment, and I sub­ mit a report (No. 16) therel)n. . Mr. BACON. .l\ly colleague is present and ready to take the This is a local bill in which the Sena.tor from Arkansas [Mr. oath of office. DAVIS] who is absent, is very much interested. At his instance, The VICE-PRESIDENT. The Senator-elect will present him- I ask the unanimous consent of the Senate for its present con- self at the desk , sideration. . Mr. CLAY was escorted to the Vice-President's desk by Mr. The VICE-PRESIDENT. Is there objection to the present BA.co~ , and the oath prescribed by law having been adminis­ consideration of the bill? tered to him, he took his seat in the Senate. l\fr. LODGE. I have, myself, no objection at all to the bill, FOREIGN PROD:UOTS IN DOMESTIC MARKETS. but I do not see how it is possible for us to deviate from the The VICE-PRESIDENT laid before the Senate a communica­ tmanimous-consent agreement. I was obliged to object the other .tion from the Secretary of State, transmitting, in further re­ day to the bill reported by the Senator from Montana [l\Ir. sponse to resolutions of March 6 and April 5, 1909, additionai CARTER] from the Committee on the District of Columbia, and reports from consular aµd other representatives abroad relating I feel that I must object to the consideration of this bill. to the practice of selling foreign manufactured goods in this Mr. 1'11.ARTIN. I merely desire to say that notwithstanding country at a price lower than the domestic price ( S. Doc. No. 16, the understanding that general business would not be taken up, pt. 3), which, with the accompanying papers, was referred to quite a number of bridge bills haYe been pas ed by the Senate. the Committee on Finance and ordered to be printed. I have no interest whatever in this matter. In the absence of the Senator from A1·, I made the request. If this course LAWS OF ARIZONA. is to be pursued, it mu t be applied universally. I do not under­ The VICE-PRESIDENT laid before the Senate a communica­ stand why it is that Senators will sit here and see bill after tion from the Secretary of the Interior, transmitting, pursuant bill passed, and then object to this local measure. to law, a copy of the session laws of the twenty-fifth legislative l\lr. LODGE. The proposition was made at the time the assembly of the Territory of Arizona, which, with the accom­ unanimous-consent agreement was reached to except bridge panying document, was referred to the Committee on Terri­ bills, and the exception was not made. The unanimous-consent tories. agreement is absolute. I objected the other day, and · so did MESSAGE FROM THE HOUSE. the Senator from Texas [1\lr. CULBERSON]. to the consideration A message from the House of Repre entatve , by Mr. W. J . of the bill the Senator from 1\Iontana [1\lr. CARTER] reported. Browning, its Chief Clerk, announced that the House had I think we ought to adhere to the unanimous-consent agreement. passed the bill (H. Il. 11579) to amend an act relative to the Mr. l\IA.RTIN. I fully concur in that statement, but I have erection of a lock and darn in aid of navigation in the Tennessee seen perhaps a dozen of these bills passed. River, iI1 which it requested the concurrence of the Senate. Mr. LODGE. Not since the unanimous-consent agreement ENROLLED JOINT RESOLUTION SIONED. was entered into. The me sage also announced that the Speaker of the House )fr. 1\IARTIN. I beg pardon; that transpired in my absence, had signed the enrolled joint resolution ( S. J . R. 40) proposing I sup11ose. ... an amenclment to the Constitution of the United States, and it l\Ir. LODGE. Nothing has been passed since by unanimous was thereupon signed by the Vice-President. consent it was agreed to take an adjournment from three days to three days. ADJOURNMENT TO TUESDAY. 1\lr. l\IAilTIN. I understand it now. I was not present when irr. LODGE. I move that when the Senate adjourns to-day the agreement was made. it be to meet on Tuesday next. :;\fr. LODGE. That is the tmanimous-consent agreement I The motion "as agreed to. alluded to. The Senator will find it printed on the first page PETITIONS AND MEMORIALS. of the calendar. :Mr. DEPEW presented a memorial of the Ch::qnber of Com­ The VICE-PRESIDE:NT. The bill will be placed on the merce of.Rochester, N. Y., and a memorial of tlie Employers' calendar. Association of Utica, N. Y., remon trating against the imposi­ 1\fr. ~LIBTIN, from the Committee on Commerce. to whom tion of the propo. eel tax on corporations, which were ordered was referred the bill ( S. 2827) to extend the time for construc­ to lie on the table. · tion of a bridge across the Ouachita River at or near Camden. He also presented re olutions adopted by the executi>e com­ Ark., reported it with an amendment and submitted a report mittee of the New York l\Iercantile Exchange, of New York (No. 1.5 ) thereon.. \ 4494 CONGRESSIONAL RECORD-SENATE. ,

BILLS INTRODUCED. such from July o: 1909, in place of Capt. Fredric 1\Iontford Bills were introduced, read the first time, and, by unanimous Munger, retired. consent, the second time, and referred as follows: First Lieut. Claude Stanley Cochran to be a captain in the By Ur. FRYE: Revenue-Cutter Service of tho United States, to rank as such A bill ( S. 2943) granting a pension to Susan B. Merrill (with from July 0, 1009, in place of Capt. William Edward Reynolds, accompanying papers) ; to the Committee on Pensions. promoted. By Mr. CHAMBERLAIN (by request): First Lieut. Charles Ernest Johnston to be a captain in the A bill ( S. 2944) for the relief of the heirs of Daniel Donornn; Revenue-Cutter Service of the United States, to rank as such to the Committee on Claims. f.com January 2 , 1900, in place of Capt. Alexander Perry Rodgers Hanks, promoted. AMENDMENT TO DEFICIENCY APPROPRIATION BILL, Second Lieut. Philip Wales Lauriat to be a first lieutenant Mr. LODGE submitted an amendment providing that the un­ in the Revenue-Cutter Ser>ice of the United States, to rank as expended balance of the appropriation of $4,500 made to pay such from December 30, mo , in place of First Lieut. James the necessary expenses of the inaugural ceremonies of the Guy Ballinger, promoted. Pre ident of the United States March 4, 1909, be made available Third Lieut. Joseph Raoul Besse to be a second lieutenant jn and reappropriated to be expended as additional compensation the Reyenue-Cutter Senice of the United States, to rank as to the employees of the Senate who performed clerical and other such from December 31, 190 , in place of Second Lieut. Philip extra services, and so forth, intended to be proposed by him to Wale Lauriat, promoted. the general deficiency appropriation bill, which was referred to Third Lieut. EU.ward Jo eph Donohue to be a econd lieuten­ tile Committee on Appropriations and ordered to tie printed. ant in the Re>enne-Cutter Sen-ice of the United States, to rank WATER SUPPLY OF CIALES, P. B. as such from Dec mber :30. mo , in place of Second Lieut. Wil­ The VICE-PRESIDENT laid before the Senate the following liam Ambrose O'.Malle3-, vrornoted. me sage from the President of the United States ( S. Doc. Third Lieut. Jame Pine to be a second lieutenant in the No. 130), which was read and, with the accomp,rnying paper, Revenue-Cutter Senice of the l!nitcd States, to rank as such referred to the Committee on Pacific Islands and Porto Rico from December 30, mo , in place of Second Lieut. John Lovejoy and ordered to be printed : Maher, promoted. Third Lieut. :Michael John Ryan to be a second lieutenant in To the Senate and House of Rep1·esentativcs: the Revenue-Cutter Service of the United tates, to rank as In accordance with section 32 of the act of Congress approved such from January 2, lDOO, ju place of Second Lieut. William April 12, 1900 (31 Stat., 84), entitled "An act temporarily to Henry Munter, promoted. provide revenue and a civil goyernment for Porto -Rico, and for Third Lieut. Warner Kieth Thompson to be a . econd lieu­ other purposes," I have the honor to transmit herewith for the tenant in the Revenue- utter Sen-ice of the United States, to consideration of the Congress certified copy of a franchise rank as such from December 31, mo , in place of Second Lieut. granted by the execuUve council of Porto Rico June 25, moo. Eben Barker, promoted. entitled "An ordinance granting the right to the municipality of Thircl Lieut. William Francis Towle to be a second lieutenant Ciales to take 7 liters of water per second from the brook Cojo in the Revenue-Cutter Senice of the United State , to rank as Bale , municipal district of Ciales, for the purpose of supplying such from January 2, 1909, to fill_a >acancy createcl by the act the inhabitants of the municipality with water," approyed by appro>ed April 16, 100 . . the acting governor June 29, moo. APPOINTME~TS IN TIIE ARMY. TAFT. W¥. H. FIELD ARTILLERY AR:1!. THE WHITE HOUSE, July 16, 1909. To be scconcl lieutenant·, icith rank fro11i , 1909. BRIDGE ACROSS CONDADO BAY, PORTO RICO, The VICE-PRESIDENT laid before the Senate the following 1\Ia ter Gunner Lucien Helm Taliaferro, Coa t ,A.rtillery Corps. message from the President of the United States ( S. Doc. Sergt. Ilaroltl Hul>crt Bateman, Troop D, Fifth Cuyalry. No. 131), which was read and, with the accompanying paper, CAVALRY ARM. referred t9 the Committee on Pacific Islands and Porto Ilico and Battalion Sergt. l\Iaj. John Charles Fremont Tillson, jr., ordered to be printed: Fourth Infantry. To the Senate and Hot"8e of Rep1·csentatives: Pvt. Paul Chri topher Raborg, Troop H, Fifteenth Ca>alry. In accordance with section 32 of the act of Congress approved INFANTRY A.RM. April 12, 1900 ( 31 Stat., 84), entitled "An act temporarily to Corp. Yernon George Olsmith, Company H, T\,'errty-sixth proYide revenue and a civil government for Porto Rico, and for Infantry. other purposes," I have the honor to transmit herewith for the l\Ia ter Gunner Ilalph Ernest Jones, Coast Artil1ery Corp~. con idera tion of the Congress certified copy of a franchise Pvt. Earle Marian Chant, One hundred and sixty-eighth granted by the executive council of Porto Rico June 25, lD09. Company Coast Artillery Corps. entitled "An ordinance granting to Behn Brothers the right to Master Gunner John Sehorn Singleton, Coas_t Artillery Corps. construct a bridge and the ·approaches thereto across a portion 00.A.ST ARTILLERY CORPS. of the Condado Bay at the eastern extremity of San Juan 'l'o be second lieiitcnants, with ranl.i from, , 1909. Island," approved by the acting governor June 29, 1900. Edward Cornelius Hanford, of , late s·econd lieu~ WM. II. TAFT. tenant, First Cayalry, United States Army. THE-WHITE HOUSE, July 16, 1909. 1\Iid ·hipman William Charles Koenig, United State Navy. IlOUSE EILL REFERRED. Midshipman Harry Walter Stephenson, United States Na•3·. H. R. 1157!:>. An act to. amend an act relati"re to the erection of a lock and dam in aid of navigation in the '.rennessee River was read twice by its title and referred to the Committee on CONFIRMATIONS. Commerce. E.xecuti ue nominations confirmed by the Senate Jllly 16, 1909. EXECUTIVE SESSION. CONSULS. l\Ir. LODGE. I moYe that the Senate proceed to the consid­ Fred C. Slater to be consul at Sarnia, Ontario, Canada. eration of executiYe bu iness. Robert Frazer, jr., to be consul at Valencia, Spain. The motion was agreed to, and the Senate proceeded to the consideration of executirn business. COLLECTOR OF CUSTOMS. After fiye minutes spent in executirn session, the doors were William n. Leaken to be collector of customs for the district reo~ned, and (at 12 o'clock and 18 minutes p. m.) the Senate of SaYannah, Ga. adjourned until Tuesday, Ju1y 20, 1009, at 12 o clock meridian. PROMOTIONS IN THE NAVY. The .following-named machinists to be chief machinists in NmIINATIONS. the nary: William R. Scofield, B .rccuti,,;e nominations received bu the Senate July 16, 1909. Henry Smith, R EGISTER OF THE LA.ND OFFICE. William ,W. Booth, . Thomas E. Olsgard, of Minot, N. Dak., to be register of the John H. Busch, land office at l\1inot, N. Dak., Yice Luther D. :McGahan, resigned. William E. Stiles, and Pnoi.iOTIO ~s IN THE REVENUE-CUTTER SERVICE. Adolph A. Gathemann. C~pt. William Edward Reynolds to be a senior captain in POSTMASTER. the Revenue-Cutter Service of the United States, to rank as Hardy C. Fryer, at Blakely, Ga. 1909. CONGRESSIO~ AL RECORD-HOUSE. 4495

, HOUSE OF REPRESENTATIVES. On July 12, 1909: H.J. Res. 54. Joint resolution authorizing the Secr~tary of FRIDAY, J uly 16, 1909. War to loan cots, tents, and appliances for the use of the forty­ The House met at 12 o'clock in. third national encampment of the Grand Army of the Republic Prayer by the Chaplain, Rev. Henry N. Couden, D. D. at Salt Lake City, Utah. The Journal of the proceedings of yesterday was read and On , 1909 : appro-yed. H. R. 9609. An act to -grant to John RiYett privilege to make commutation of his homestead entry; and INCOME TAX-ENROLLED JOINT RESOLUTION SIGNED. H. R. 9541. An act to amend an act entitled "An act tP.mpora­ The SPEAKER announced his signature to enrolled joint rily to provide revenues and a civil government for Porto Rico, resolution of the following title: and for other purposes," approYed April 12, 1900. S. J. R. 40. Joint re olution proposing an amendment to the PORTO RICO. Constitution of the United States. The SPEAKER laid before the House the following message 1\lr. BARTLETT of Georgia. l\Ir. Speaker, with reference from the President of the United States (S. Doc. No. 131), to the report of the Committee on Enrolled Bills, which has which was read, referred to the Committee on Insular Affairs, just been submitted by the Chair to the House, I desire to and ordered to be printed. inquire whether the Speaker thinks it nece sary to submit the The Clerk read as follows : Senate joint resolution No. 40 to the Pre ident for his sig­ To tho Senate a-iul House of RepresentaUves: nature? The SPEAKER. The Chair does not quite grasp the gentle­ In accordance with section 32 of the act of Congress approYed man's question. April 12, 1900 (31 Stat., 84), entitled "An act temporarily to l\lr. BARTLETT of Georgia. Mr. Speaker, the Chair has provide revenue and a ciyil government for Porto Rico, and just laid before the House a report of the Committee on En­ for• other purposes," I have the honor to transmit herewith for rolled Bills, which states that Senate joint resolution No. 4_0, the consideration of the Congress certified copy of a franchise providing for an amendment to the Constitution giving Congress granted by the executive council of Porto Rico June 25, 1909, the power to levy an income tax without regard to the census entitled "An ordinance granting to Behn Brothers the right to or enumeration, has been signed; and I desire to know whether construct a bridge and the approaches thereto across a portion the Speaker will transmit that resolution to the President for of the Condado Bay at the eastern extremity of San Juan his signature? · Island," approyed by the acting governor June 29, 1909. I know the precedents, and. I know that it has been decided WM. H. TAFT. by the Supreme Court of the United States in the Third Dallas­ TIIE WmTE HOUSE, July 16, 1909. in the case of Hollingsworth v. Virginia. It has been heretofore The SPEAKER also l'aid before the House the following mes­ ruled by a former Speaker, when the question was raised, that sage from the President of the United States (S. Doc. No. 130), it was not nece sary to submit the i:esolution to amend the-Con­ which was read, referred to the Committee on Insular Affairs, stitution to the President for his approval. I call the Chair's and ordered to be printed. attention to the matter now, in order that the Chair's attention The Clerk read as follows : may be called to the precedents in this regard, and for the other To the Senate and House of Representatives: purpose, Mr. Speaker, that if it is pec~ssary, the House may take In accordance with section 32 of the act of Congress approYe<.1 such usual and nece sary methods in the premises to have the April 12, 1900 (31 Stat, 84), entitled "An act temporarily to States of the Union informed of the action of the Congress in provide revenue and a civil government for Porto Rico, and for this respect. I have already had letters from members of the other purposes," I have the honor to transmit herewith for legislature in my State, which is now in session, inquiring rela­ the consideration of the Congress certified copy of a franchise ti'rn to the matter; and because of my interest in it and because granted by the exec;utive council o~ Porto Rico June 25, lnOD, of the interest in it of the legislature in my State, I have called entitled "An ordinance granting the right to the municipality the matter to the attention of the Speaker, so that whateyer is of Ciales to take 7 liters of water per second from the brook necessary to be done may be done as speedily as possible. It is Cojo Bales, municipal district of Ciales, for the purpose of sup­ because of that precedent and because of the decision of the plying the inhabitants of the municipality with water," approyed Supreme Court of the United States to which I refer, which by tlle acting gov~rnor June 29, 1909. decision arose upon the eleventh amendment to the Constitution, that I haye thought proper to direct the Chair's attention to the WM. H. TAFT. I ~ subject now. THE WHITE HOUSE, July 16, 1909. The SPEAKER. The Chair desires to state that this joint WITHDRAWAL OF P .APEBS. resolution originated in the Senate. It was passed by the House, 1\Ir. 1\IoNDELL, by unanimous consent, was granted leaye to and the joint resolution, duly enrolled, is signed by the Speaker withdraw from the files of the House, without leaving copies, and reported to the House, and it will be transmitted from the the papers in the case of Dennis Driscoll, Sixtieth Congress, no House to the Senate, in which bocly it originated, and the uni­ adverse report having been made thereon. form practice is that the body originating the measure transmits AMENDMENT TO CONSTI'I·UTION. it to the proper depository. 1\Ir. HARDY · rose. Mr. BARTLETT of Georgia. If the Chair will pardon me in The SPEAKER. For what purpose does the gentleman rise? the matter a rn.oment. I think it is the duty of Congress-and I Mr. HARDY. Mr. Speaker, in connection with the joint reso- think a concurrent resolution to that effect will be proper-to lution which the Senate and the House has agreed to submit to authorize the b·ansmission of this resolution to the executives the States, I have a matter to which I think there is no objec­ of the various States; and if the Speaker will turn the page of tion, and I would like to ask unanimous consent to present and the book to which he is now referring, Hinds' Precedents, on the consider the resolution which I ask to be read at the Clerk's top of the next page he will find a precedent for that action, desk. which was taken in the case of the amendments submitted after The SPEAKER. Please send the resolution to the Clerk's the civil war. This precedent will be found in volume 5, page desk. 1018, section 7042, Hinds' Parliamentary Precedents. :Ur. l\IANN. Mr. Speaker-- The SPEAKER. The Chair is satisfied that under the prac­ Mr. KEIFER. l\lr. Speaker, we are unable to hear what the tice of the House, as well as of the Senate, the body originating request is. the measure disposes of it, either by sending it to the President, Mr. HARDY. I will be glad to state what the request is. on the one hand, or depositing it in the proper place, on the The request is that at the same time the income-tax amendment other. Just which House should originate the concurrent reso­ is submitted that we submit to the States an amendment to the lution requesting transmission of the situation to the States it Constitution to enable inaugurations to be held on the 4th day of is not necessary for the Chair to determine at this time; and, in April instead of on the 4th day of March hereafter. It seems fact, the Chair, until examination, has no opinion in the prem­ to me it is-- i es, and the question does not arise at this time. The SPEAKER. The gentleman from Texas asks unanimous consent, as the Chair understands, for the present consideration JIIESS.AGE FROM THE PRESIDENT OF THE UNITED STATES. of the following joint resolution, the title of -which the Clerk A message, in writing, from the President of the United States will read. was communicated to the Hou e of Representatives by Mr. Mr. KEIFER. Mr. Speaker, I understand the object of the Latta, one of bis secretnries, who also informed the House of reque t and I must object. IlepresentntiYes that the President had approyed and signed The SPEAKER. Objection is heard, the gentlemnn saying he joint resolution and bills of the following titles: understands the object of the request. 4496 CONGRESSIONAL RECORD- HOUSE. JULY 16,

1\Ir. BURLESON. He must be a mind reader, then. Mr. TA.. WNEY. About $60,000 was the cost of the executive Mr. MANN. The gentleman from Texas stated what it was. offices of the President. The SPEAKER. Without objection, that will be considered l\Ir. CLARK of l\Iissouri. I would like to know, if you know as equivalent to a demand for the regular order. or anybody else knows, how they could manage to spend Mr. KEIFER. I have no objection to its being read, but I $60,000 on that little brick house with only six room~ in it, object to its consideration. . and with a cellar for the purpose of containing the heating The SPEAKER. If objection is withdrawn or withheld, the apparatus. That is one of the mysteries of the world to me. Clerk will report the joint resolution. Mr. TAWNEY. I have never had occasion to investigate The Clerk began the reading of the resolution. the cost of material or the contract, but that $60,000 includes l\Ir. l\IANN. 1\Ir. Speaker, objection is not withdrawn except not only the building, but it includes all the equipment and that it may be read as part of the gentleman's request. furnishings for the building. The SPEAKER. The Chair understands the objection is with­ l\Ir. CLARK of l\fissouri. You have what Governor Dingley held until the joint resolution is read. used to c~ll "surface information" about building house , The Clerk read as follows: and I submit to you individually, if you do not believe that Joint resolution propo ing an amendment to the Constitution of the house can be duplicated for $10,000? United States. Mr. TAWNEY. I do not. I do not believe it can be dupli­ R esoli:ea by the Senate and House of R epresentatives of the United cated by a private citizen, who, of course, always builds for States of America in Oongress assembled (two-thirds of each House con­ curring ther ein), That the following article is proposed as aru amend­ less than the Government. ment to the Con titution of the United States, which, when ratified by l\Ir. CLARK of Missouri. What is going to be done to this the leaislatures of three-fourths of the several States, shall be valid to house in order to absorb this $33,000? aII intents and purposes as a part of the Constitution: ART. XVII. That the t erms of office of newly elected Members of the The CHAIRMAN. The Chair wm remind the gentlemen House of Representatives and the Senate of the United States !?hall there is no question pending before the committee unless a begin on the 4th day of April instead of the 4th day of March, in the motion be made. same manner as heretofore provided under the Constitution, and that the t erms of office of the President and Vice-President of the United l\Ir. CLARK of l\Iissouri. I make the motion to strike out States shall begin on the 4th day of April every fow·th year, and their the paragraph. induction into office take place on the 4th day of April instead of the Mr. MADDEN. How does he arrive at the fact that the 4th day of March, as heretofore provided under the Constitution, and that for the interim between the 4th day of March and the 4th day of building will cost $60,000? April of the years when this amendment shall first have application the Mr. CLARK of l\lissouri. The gentleman from .Minnesota. holding of Members of the House of Representatives and Senate of the [Mr. TAWNEY] just said so. United States shall continue to act and hold in their capacities, rights, and duties as Representatives, Senators, and President and Vice-Presi­ Mr. l\IADDEN. I do not see how you can figure it out, as dent of the United States. all the improvements were made together. I do not see how Mr. KEIFER. Mr. Speaker, I object to the present consider­ you can_ separate one part from the other. ation of the re olution. l\Ir. TAWNEY. I will say to the. gentleman from Illinois The SPEAKER. The gentleman from Ohio objects to the [Mr. MADDEN] and the gentleman from Missouri [Mr. CLARK] consideration of the resolution. that there was a. limitation on the cost of the executive offices of the Pre ident. That limitation was $60,000. I think the ADJOURNMENT OVER. cost, while it did not exceed the limit of cost, was up fully to l\Ir. TAWNEY. Mr. Speaker, I move that when the House that limit. adjourn to-uilding they are For additional amount for the additional accommodations to the going to do? building erected for the offices of the President. and for each and Mr. TA. w:NEY. They are going to enlarge the present every purpose connected therewith, including heating apparatus and light fixtures, and furniture, all to be done according to plans, the building. deta ils of which shall be approved by the President, and completed in l\Ir. CLARK of Missouri. For this sum you ought to build every respect within the sums hereby and heretofore appropriated, over the big end of that lot. 13,500, to be expended by contract or otherwise, in the discretion and under the direction of the President, to continue available during the Mr. TAWNEY. It will be almost double -the size of the fiscal year 1910. present offices. Mr. CLARK of l\Iissouri. 1\Ir. Chairman, I would like to ask Mr. BURLESON. Here is what the alterations will be : the gentleman from Minnesota [l\lr. TAWNEY] how much was These include a .larger and more dignified room for the Pre. ident's office, separate waiting rooms for congressional visitors and for t ~ e appropriated before for this purpose? general public in addition to the present lobby, a larger telegraph offi ce, Mr. TAWNEY. Forty thousand dollars. I will state, for the another room for clerks, and additional toilet rooms, besides a number information of the committee, that this appropriation for en­ of minor improvements. larging the ex cutive offices of the President originated in the Mr. l\IA:J\TN. May I ask the gentleman from Texas, with the Senate as an amendment to the sundry civil appropriation bill. permission of the gentleman from Minne ota, whether it will There has been no estimate submitted; there has been no in­ contain a room for the waiting Members of the House who are vestigation as to the amount neces ary to complete that addi­ waiting until Senators are disposed of? tion. Since the making of that appropriation the engineer in Mr. BURLESON. Why, certainly it will. charge of public buildings and grounds in the District of Co­ Mr. MANN. That is, a separate apartment for that purpose? lumbia has prepared plans and specifications for the construc­ Mr. BURLESON. There is room for the Members on the out- tion of this adtlition, and they have been approved by the side. President, as required, but the construction m.n not be com­ Mr. CLARK of Missouri. I simply want to call the attention pleted within the limit of cost. It will require $13,500 in addi­ of the gentleman from Minnesota to this state of affairs. A tion to the amount already appropriated. It is very necessary few weeks ago there was issued from the White House a ukase that it be done at this session, for under the law making the that we should have economy under this admini tration. The appropriation of $40,000 they can -not make a contract, they Secretary of War went to work, and in a few minutes cut can not begin the work at all, until the full amount is appro­ $56,000,000 out of the army appropriations. and then the Secre­ priated which it is estimated the building will cost. tary of the Navy in a few minutes cut $20,000,000 out of the l\Ir. CLARK of .Mi ouri. How much did that house cost naval .appropriation . Well, now, if they keep up that rate of originally ? · progress, we will cut these bill down to something rea onable; Mr. TAW1'."'EY. My recollection is that the improvements all but here yesterday we voted $25,000 for the Pre ident's traYeling told were between 500.000 and $600,000. expenses that might have been saved, and now you are fixing Mr. CLARK of l\1issouri. I am not talking about what the to appropriate another $53,000 to build five or six rooms to en­ rnination· of tlle '\Yhite House cost. large the executive offices. 1909. CONGRESSIONAL RECORD- HOUSE. .4497

· Mr. l\IANN. Thirteen thousand dollars: Mr. CLARK of Missouri. Are they going to pay him $3,000 for Mr. CL.ARK of Missouri. It all figures up $53,000. There telling them to build that onto the south of the present build­ are only siX rooms in that·building down there that cost $65,000, ing instead of on top of it? and two or three of them are \ery small rooms. I am perfectly - Mr. SMITH of Iowa. They are going to pay him $3,000 for willing that the President of the United States should have all the plans, the regular rates charged by architects, but they the room that he need ; but I think that it is an absolutely also needed an architect in order to know where and how the wicked waste of the public money- to' appropriate $53,000 for additions soould be made to the buiJding, so as not to destroy such a building down there, and no mortal man can justify any that magnificent structure. such performance. . Mr. CLARK of Missouri. Do you think the architect exhib­ l\fr. PRINCE. I desire to make an inquiry of the gentleman ited any taste when he put up the building that is down there from l\linnesota. I notice in the RECORD of yesterday, on page now? 4472, a gentleman in making his speech said this: Mr. Sl\IITH of Iowa. I do not-- The next item in this bill which- I shall oppose, l\Ir. Chairman, will Mr. CL.ARK of Missouri. I agree with you. be the $13,500 increase to build an additional room to the President's l\Ir. SMITH of Iowa. That is, if you refer to the executive office. I shall oppose this for the reason that in it is included $3,000 which is to be paid to an architect, and $3,000 to a superintendent, offices, I do not. making $6,000. The architects which the Government has are not· com­ Mr. CLARK of Missouri. Yes; I refer to the executive offices. petent enough, it seems, to draw the plans and specifications for a room Mr. SMITH of Iowa. I think the White House is one of the or two to be added to that office, Mr. Chairman. most beautiful buildings in the world. What is there of truth in thnt statement? Mr. CLARK of Missouri. I know; but the architect who . l\1r. TAWNEY. I will say, Mr. Chairman, in answer to the planned that is dead. gentleman from Illinois, that with the amount of work the Mr. SMITH of Iowa. I know he is. . Supervising Architect of the Treasury has, it was impossible for Mr. BURLESON. I understand that this extension is practi­ him to prepare plans, if he would have authority. The engineer cally a restoration of the original plan. "in charge of .this work has. informed me, and those associated Mr. SMITH of Iowa. There is some difference of opinion as with me in the preparation of this bill, that the employment of to whether the original plan has been very well carried out an outside architect for this purpose was absolutely necessary. or not. He has no one in his office who, as an architect, is qualified to Mr. CLARK of Missouri. What does the Architect of the prepare plans and specifications for this building. Treasury do anyhow? .Mr. S~HTH of Iowa. I will state to the gentleman that the Mr. SMITH of Iowa. He draws the plans and superintends Supervising Architect of the Treasury never draws plans or the construction of buildings erected by the Treasury Depart­ prepares specifications except for the Treasury Department on ment. buildings that have been authorized by law. Mr. CLARK of Missouri. If that is so, what is the reason he Mr. PRINCE. The question I wish to submit is this: Do I can not draw the plans for this building? understand the gentleman's statement to be true, that when we l\Ir. SMITH of Iowa. Because this is not being built by the are to employ an architect to prepare plans for a building, cost­ Treasury Department, and there was no act of Congress author­ ing at the outside $53,000, that we are to pay $3,000 for prepar- izing or directing him to do it. ing plans of· that kind? · l\1r. CLARK of Missouri. Could you not borrow him for a Mr. TAWNEY. I will state to the gentleman from Illinois, in the first place, that the employment of an outside architect while? is absolutely necessary; in the second place, the fee that the Mr. SMITH of Iowa. It could be done, but it was not done. outside architect draws is fixed by the organization of architects Mr. CLARK of Missouri. Why did you not authorize the bor­ all over the United StateS:- It is between 5 and 6 per cent. I rowing of him?. think it is now 6 per cent. Mr. SMITH of Iowa. Because there was doubt whether he Mr. PRINCE. That means that the $3,000 includes his ex­ was the proper man to do it. pense there as to the superintendency of the building and watch­ Mr. CLARK of Missouri. Why does he not get up plans for ing the material that goes into it? all these public buildings that the country is waiting for, and l\1r. l\IANN. Supervision, not superintendence. the building of which is delayed? M:r. PRINCE. Now, here is an item of $3,000 foi· that super- Mr. SMITH of Iowa. That is his business, and the very fact intendence. of the delays is the T'ery best proof that he ought not to be Mr. SMITH-of Iowa. No; that is not correct. asked to do this, because he is too busy. Mr. PRINCE. That is what I want to know. l\Ir. CLARK of Missouri. It is not necessarily proof of the Mr. SMITH of Iowa. The estimate was for $3,000 for super­ fact that he is too busy. It may be he is doing nothing. intendence, inspection, plans, and sundry expenses. That is the Mr. S;)JITH of Iowa. He is busy. · miscellaneous item of e1...rpenditure, $3,000, which is not spe­ l\Ir. TA. WNEY. I will say that the cost of the plans prepared cificalJy. itemized. by the Supervising Architect is now a little over 6 per cent. Mr. TAWNEY. · The statement referred to by the gentleman l\Ir. CLARK of Missouri. I want to ask the gentleman from l\linnesota a question : You say that the architects get 6 per from Illinois [l\Ir. PRINCE] is not correct. Mr. GARRETT. Does not the architect furnish the plans? cent, and this thing they are going to build down there is going to cost $34,500? . . l\fr. S~HTH of Iowa. He furnishes most of the plans; yes. I should like to state, Mr. Chairman, that when this appro­ Mr~ TAWJ\TEY. Fifty~three 'thousand five hundred dollars. priation of $40.000 was made, it was not known whether this · Mr. CLARK of Missouri. That is counting in the furniture ; improvement would be made by erecti.Ilg a second story to this you do not need an architect to buy furniture. Six per cent office building or by extending the office building to the south. of $34,500 would be $2,070, and here you give him $3,000. The amount named was therefore a mere guide to the archi­ Mr. S~fITH of I owa. Does the gentleman from Missouri tect as to about what Congress meant to spend in the way of mean to say that the heating and ventilating system is no part making that improvement. Now, when the architect was em­ of the building? ployed, he was not erpployed as one ordinarily is, simply to l\Ir. CLARK of Missouri. No; you will haT'e another fellow draw a plan of a $40,000 building; but the important thing to do that. determine was how this should be erected with reference to Mr. Sl\IITH of Iowa. The gentleman sa,ys that the architect the White House, so as not to impair the general architectural has nothing to do with the ventilating system? effect of the building-the terraces and the executive office. It Mr. CLARK of MissQuri. No; I do not think he has. was finally determined that this ought to be built to the south. Mr. BARTHOLDT. Mr. Chairman, I move to strike out the That requires foundations that would not have been required last word. I am heartily in favor of this appropriation, because, had it been built as an additional story on top of the present in my judgment-and I believe it is the judgment of all the executive offices. Members of the House who know conditions down there­ · Personally, without claiming to have any artistic taste, I any change in the executive offices would be an improvement of fulJy agree witll the architect that it would be exceedingly un­ these conditions. wise to make this building two sto.ries high. I think it would de­ l\Ir. CLARK of Missouri. That is all h·ue. Let me nsk the stroy the entire beauty of the combined White House and execu­ gentleman from Missouri a question. tive offices, and I think a the architect does, that it ought to be Mr. BARTHOLDT. In one moment. I first want to correct a extended to the south, although thereby it will require new misunderstanding that might be created by what the gentleman foundations and much additional expense to what would have from Iowa [Mr. S HTH] has said. He says that the Supervising been required had the roof simply been raised and a second Architect makes the plans for the buildings for the Treasury De­ story added to the existing building. partment only. TP,at is not true: In t~e · absence of a depart-

XLIV--282 4498 CONGRESSIONAL RECORD-HOUSE. JULY 16,

ment of public works the Treasury Department takes the place The CHAIRMAN. Debate on the pro forina amendment is of-- exhausted. Mr. S~HTH of Iowa. Not with reference to this building. Mr. COX of Indiana. . l\fr. Chairman, I renew the amendment · l\1r. BARTHOLDT. The Supervising Architect is the archi­ to strike out the paragraph. · tect who should be intrusted with the drafting of all the plans The CHAIRMAN. The Chair refened only to the pro forma for all con traction work of the Government. amendment. :Mr. SMITH of Iowa. Does the gentleman mean that he Mr. COX of Indiana. As I understand the Chair, the amend­ should be or that by law be is intrusted with it? Does the ment to strike out is still pending? gentleman say that he is in charge and furnishes plans of all The CHAIRl\IA.N. Yes; that is pending; and the Chair will the buildings in Washington? recognize the gentleman. l\Ir. MANN. Like l:I...~ House Office Building, for instance. l\Ir. COX of Indiana. Mr. Chairman, I want to address the He had no more to do with that than the gentleman from Mis­ committee upon the amendment offered by the gentleman from souri; and not so much, because he had nothing to do with it. Missouri [Mr. CLARK], as well as upon certain other sections of Mr. BARTHOLDT. The duties of the Supervising Architect the pending bill. of the Trea ury Department are entirely in the discretion of From my place in the Chamber, I could not hear the informa­ Congres . If Congress says that a btlilding shall be intrusted tion given to the House by the chairman of the Committee on to the hands of any other architect, of course Congress can do Appropriations [Mr. TAWNEY], and I desire to elicit information so. But I say as a matter of principle there ought to be one from him upon the measure under consideration. Did I under­ official, one architect, charged with the supervision of an public stand him to state that the Committee on Appropri:;i.tions had buildings. not had an estimate of the cost of this building? Mr. SMITH of Iowa. The gentleman claims that he ought l\lr. TAWNEY. The appropriation made in the sundry civil to be, but not that he is. bill at the last session of Congress was not made upon nny Mr. BARTHOLDT. That would be in the interest of econ­ estimate. It was made becau e of the necessity of enlarging omy. And, by the way, the Supervising Architect does not only the building, and was made without an estimate because there erect post-office buildings and treasury buildings, but he erects was no time to obtain an estimate before the adjournment of all kinds of buildings for other departments. Congress on the 4th day of March. Mr. MA~. Does he erect light-house buildings? Mr. COX of Indiana. Then, as I understand the gentleman, Mr. BARTHOLDT. He ought to, if he does not. up until this time the Committee on Appropriations has never Mr. MANN. So he does not e-ven erect all the buildings under taken or heard any evidence as to the estimates? the T1·eusury Department. All he supervises are post-offices .l\Ir. TAWNEY. Ob, yes; up to this time we have had evi­ and custom-house buildings. dence. The plans have been prepared, the plans for the ex­ Mr. BARTHOLDT. The law especially provides for the Su­ tension and enlargement of the buildin ... , and they have been pervising Architect, and when Congress provides that any other approved by the P1·esident in accortiance with the law. • architect shall furnish plans, of course it has that right. Mr. COX of Indiana. Let me ask the gentleman this ques­ . Mr. MANN. Congress provides for light-houses and life-saving tion: Why was not the full amount of the appropriation made stations, and does not provide that they shall be erected by some at the last session of Cong1.-ess? one else, and yet the Supervising Architect has no more super­ Mr. TAWNEY. Because we did not know how much would vision o-ver them than the gentleman from Missouri. be required. 1\fr. BARTHOLDT. I hope the time will come, and I am sure Mr. COX of Indiana. When did the chairman of the Com­ the House will agree with me when that subject is perfectly mittee on Appropriations learn that fact for the first time? understood, that there will only be one official charged with all Mr. TAWNEY. He learned it for the first time after the the construction work of the Government. That official should plans and specifications were prepared. We had no opportunity have a force sufficient to do all that work, so that it will be to get that information before agreeing in conference to the unnecessary in the future to employ private architects. As to amendment of the Senate appropriating $40,000 for this pur­ the charge that there are no men competent enough to erect pose, and it was stated at that time that the amount might any kind of public buildings in the architect's office, I belieye have to be enlarged somewhat, and we did not want to make there are architects now employed in the Supervising Archi­ it any larger than we thought absolutely necessary. The chief tect's office that are the peers of any private architects in the engineer has said to me, and .in the hearings, that they have conntry. It is true that they work at a small salary, such as endeavored to keep down the cost as much as they pos ibly our poor Gm·ernment can afford to give them, but I am per­ could; but in view of the fact that they are required under the sonally aware that they are equal to any other talent that may law to not only complete the building, but to equip it and be secured in the country. furnish it, there is no expenditure connected with the building 1\lr. CLARK of l\lissouri. Why is it that the Supervising to be made after this expenditure ·has been made. This is to Architect's department is so far behind in the post-office build­ complete the building and to furnish it and to equip it with ings? all of the appliances necessary to its use. Mr. BARTHOLDT. Because we did not give them space Mr. COX of Indiana. For $60,000? enough to locate Ii sufficient force of draft men. We have Mr. TAWNEY. Fifty-three thousand five hundred dollars. been in the habit of employing from 70 to 80 draftsmen in the Mr. COX of Indiana. I desire not only to support the service of the Treasury Department, and when the last two amendment offered by the gentleman from Missouri fl\lr. pubiic-buildings bills were passed-one in the last Congi·ess and CLARK] to strike out the paragraph under consideration, but one in the Congress before, which was unusual-the architect to oppose several other portions of the bill. The bill is an increased his force of draftsmen to about 200, and a larger urgent deficiency bill appropriating for deficiencies for the cur­ force can not be employed because of a lack of space. Even the rent year ending June 30, 1910, the sum of $434,40L58~ The present force is not sufficient to cope with the tremendous work first session of the Sixtieth Congress appropriated the enor­ which C<;mgress has thrown upon that office, but very good and mous sum of $1,008,397,543.56 to meet the expenses of the Gov­ rapi

noticed that gentlemen are referring to printed hearings upon participated in IL This item was subject manifestly to a point this bill. • of order. Any Member- who was really opposed to the amend- 1\Ir. TAWNEY. Yes. ment could have put it out on a point of order. Mr. HARDWICK. By what committee? Mr. FITZGERALD. I understand the gentleman from Mis- 1\lr. TAWNEY. No committee. souri [Mr. CLARK] is not going to press his amendment to strike Mr. HARDWICK. By what authority'l out the paragraph, but that he offered the motion in order to Mr. TAWNEY. By common consent. elicit information about the provision. I believe there is some Mr. HARDWICK. Was there any order made here in the justice in the criticism about the amount that it will eventually Rouse for it? cost to build a one-story brick building along the simplest 1\1.r. TA W1'TEY. No; there was not. lines possible, the dimensions of which will be about 75 by Mr. HARDWICK. And no provision made for the printing 60 feet. I am quite sure that there are some States that could of the document? almost erect a state capitol of much greater magnificence and Mr. TAWNEY. Oh, yes; the hearings were printed under fully sufficient for all its purposes for almost an equal amount authority of law. . of money. I dislike to delve into the past and refer to what 1\lr. HARDWICK. Given how and where? happened when the building was first constructed. No one Ur. TAWNEY. Certificate of the Clerk of the House. has ever had the courage in this House to justify the expendi- . Mr. HARDWICK. Mr. Chairman, it looks to me like a some- ture of almost $600,000 in the renovation of the White House what unusual situation-- and about $60.000 of that amount in the erection of an office l\fr. TAWNEY. l\fr. Chairman, I want to say one word in building, purposely designed, I have heard· it stated, to provide reply to the gentleman-- insufficien~ accommodations for the Members of Congress. in l\Ir. HARDWICK. Just a minute; I have the floor. the hope it would keep them away from the President. · l\Ir. TAWNEY. I have the floor. You are asking me some I see the gentleman from Illinois shake his head. I wish to questions. . say that I had not attributed to him this rumor that. has some Ur. HARDWICK. Not at all. I was recognized in my own foundation in fact. A room is set aside for a waiting place right and speak in my own time. for l\fembers of the House and Senate, the dimensions of which Mr. Chairman, I just want to say this: It looks to me like a are about 10 feet by 20 feet. Those who have necessary busi­ curious proposition that, with none of the committees appointed,, ness with the President, as well as those who bring their con­ here is a committee that does not legally exist and yet seems to stituents to the White House to meet him, are expected to be be operating in fact, having hearings, bringing in bills, having crowded into that room like sardines in a box. so that they printing done, and having different witne~ses brought before it, might catch fleeting glimpses of the President as he passes the and it looks to me like this whole proceeding is irregular from door and then go out and not annoy him. The result has been beginning to end. If there is any necessity for an appropriation that a room that had been set apart for the business of the committee to discharge its functions regularly, that committee Cabinet has necessarily been used as a reception room for :Mem­ ought to have been appointed by the Speaker of this House, and bers of Congress. During the consideration of the sundry civil we ought not to have any such remarkable spectacle as this, of bill in the last session of Congress, I believe it was the Senator a committee that has no existence in law operating in fact. hav- from .Maine who suggested that there was much propi·iety in ing hearings and having printing done, and really having no the suggestion that additional accommodations should be af:. right to do any of it, as I understand the law and the custom forded at the White House, not only for the transaction of pub­ of this House, and yet simply takes charge of the situation lie business, but also for the convenience of Members of Con­ sim1.ly because the Speaker has not seen fit to appoint the com- gress. I was one of those who believed that perhaps after mittees. the 4th -of March last l\fembers of Congress might find it more Mr. l\IADDEN. But the. matter is now being submitted to convenient to loiter about the sacr"ed precincts of the White the gentleman and the other members of the committee. House. I believed it was desirable to afford them proper shel- Mr. HARDWICK. I understand; but the matter of holding ter and convenience and room there. The $40,000 was appro- these hearings was not submitted to the House. priated because it was stated that some investigation had been Mr. MADDEN. The hearings are. . made, and it was believed that $40,000 would· be sufficient to Mr. HARDWICK. Not at an. They had no authority or raise the present building one story and at the same time to right to hold them. treat it in such a manner architecturally that nobody would Mr. LIVINGSTON. I wm say to my colleague that we did discover that it had been raised, and so it would not interfere that for the accommodation of the Houset and without any with the architectural features and surroundings of the White compensation· or reward or hope thereof. House. ~Ir. HARDWICK. I quite understand; but you did it with- It does seem to me, Mr. Chairman, although I do not profess out authority. to any special knowledge about architecture, that to extend Mr. TAWNEY. When the bil1 appropriating money to con- this building 45 feet, a building about 60 feet wide, and to put tinue the Census . Office and to provide for the taking of the in it the most simple furnishings costing only $7,000, that the next census was presented here, I was severely criticised for amount asked would indicate that the man who originally having brought that bill into the House without any hearings planned the pre ent buiJdin~ must at least have inspired the at all. Now, because this bill was necessary, carrying only plan for this additional $53,000 as the amount to be expended. such items as are necessary and urgent, and because I have With the original expenditure, as I have already stated, the for the accommodation of the House had hearings~ the gentle- building, which is, as stated in the memorandum submitted by men criticise· me again. the superintendent in charge of the White House, a building Mr. HARDWICK. Not at all. I am not criticising the gen- in which there is no unnecessary extravagance or elaboration tleman so much as I am the way the business of this House has of any kind, about 60 feet by 75,. a building of brick, painted been conducted. What right had the gentleman to have hear- white, will have cost the Government of the United States ings? $1W.000. I am not criticising the expenditure. Perhaps it is Mr. TAWNEY. The same right that the gentleman has, if he worth that much money to aboli8h the tennis court, so that · can get anybody to come before him. ' there will be no danger of its being revived at any time in l\Ir. HARDWICK. I understand; but what authority did the the future with its attendant unofficial advisers attached to it; gentleman have to have this printed report made? but it does seem a rather large amount. Mr. MANN. He takes the chances on paying for them. i submit to the gentleman from Minnesota that there is a Mr. TAWNEY. Under the law which gives to the Clerk of duplication here of the architect's fees. There is a specific the House of RepresentatiTes authority to certify for the prin.t- provision of $3,000 for the architect. My understanding is that ing of any document that he may see fit to certify to up to $500. the architect's fee includes the preparation of plans and. an Mr. HARDWICK. You pay for this particular hearing out work incident to supervision until the building is turned over of that fund, then? I repeat my remark. I do not care any- to the owners, and yet in addition to the $3,000 for the archi­ thing about the merits of this bill. If it is necessary for this tect's fee there is an item of $3,000 for superintendence and committee to have hearings and bring in bills virtually ·as a inspection; so that the entire cost for the architect and super­ committee bill, it looks to me that the committee ought to have intendence, which should be about $3,000, will be $6,000, more been appointed; and it ought not to have assumed an authority than 10 per cent of the am?unt to be expended. . that it never did possess and never has been confened upon it The CHAIRMAN. The time of the gentleman has expired. by competent authority of this House. That is the thing that l\lr. KEIFER. Mr. Chairman. I do not desire to prolong this has impressed me. discussion. I think _it is a little unfair for. the d~stingui hed Mr. SMITH of Iowa. I move to strike out the last two Igentleman from Indiana to say, as he bas Just said, the first words. I want to offer this suggestion. I think this debate thing the President did after declaring in favor of economy was has probably serred the pmpose of the gentlemen who have tet ask an appropriation of $25,000 for himself for traveling er- 1909 .. CONGRESSIONAL RECORD-- HOUSE. 4501 penses. Nearly three years before President Taft became Presi­ fng their opinions, no knowledge of architecture and little con­ dent-June, 1906--a law was passed by the Congress of the ception of art, I felt as they do in i'elation to this rehabilitation United States providing for that $25,000 annually, or authoriz­ ot the White House, bnt as time has gone on the calm si.In­ ing the payment of the President's traveling expenses to the plicity of the White Bouse,. its wings and the office building, extent of $25,000 per annum. This law was passed just about have impressed me as the only proper method of extending two years before he was nominated for President, and yet this the White House; and while gentlemen here have delighted distinguished gentleman accuses him of getting into office and at for years to abuse the executive office building an.d the wings once trying to break into the Treasury. of the White House, no one has ever yet suggested any method l\fr. COX of Indiana. The gentleman does not deny but by which the White House could have been extended and pre­ what President Taft is asking for this appropriation. serve the original simplicity_of the White House itself except 1\Ir. KEIFER. I do not know. But I do know the law of the method adopted by probably the best architect in the coun­ June, 1906, requires us to appropriate that money, and it is try, under the direction of President Roosevelt. unfair to say that he is asking for it. He is entitled to the com­ The CHAIRUAN. The question is on the motion of the pensation, salary, emoluments, or whatever it may be named, gentleman from Missouri [Mr. CLARK] to strike out the para­ provided by law prior to entering upon his term of office. ms graph. compensation can not be increased or diminished during the ?t1r. CLARK of Missouri. .Mr. Chail·man, I wit.qdraw the period of his term. (Art. II, sec. 1, par. 5, Const. U. S.) . amendment to strike out the section. Mr. COX of Indiana. Did you not hear the chairman of The Clerk read as follows : the Committee on .Appropriations yesterday say that he was DEPARTME::en before he was inaugu­ should like to l:>e heard upon the point, if the Chair is in doubt rated as President? about it. Mr. KEIFER. I do not know anything about that. If he The CHAIRMAN. In view of the attitude of the gentleman did, it was because one was needed. from Minnesota, the Chair assumes that he does not oppose the Mr. COX of Indiana. Does the gentleman belie>e that if point of order. , Congress fails to make this appropriation of $25,000 we will be Mr. TAWNEY. There is a question about its being subject to derelict in our duty? the point of order. l\Ir. KEIFER. Yes. The CHAIRMAl~. The point of order is sustained. Now, Mr. Chairman, I am not opposed to making this appro­ Mr. TAWNEY. I have an amendment to strike out the para­ priation of $13,500 for the purpose of providing en<;_mgh money graph, and I should like the privilege of stating to the House to complete this summer the proposed addition to the last addi­ why I do so. tion to the White House. I shall be glad to do it, although I Mr. MACON. Let it go out on the point of order, and then have always felt ashamed every time I have looked at the the gentleman can offer his amendment. White House since it had the shed additions to it. We can Mr. TAWNEY. The point of order having been sustained, travel from here to and find barns all along the way that disposes of it. that are much in appearance like the White House since the The Clerk read as follows: shed wings were added to it. The barns were originally built To enable the United States to accept the invitation, extended by with th~ expectation that they would be adapted to the needs the Government of Belgium and to participate, through a commission consisting of not more than one person. to be appointed by the Presi­ and uses of the farmer, and afterwards he found that he had dent, in the exposition to be held at Brussels in 1910, and' to make to build cow sheds, running up on each side. The White House such an exhibit at such exposition as will, in the judgment ot the now lo<>ks, with its shed additions, like a huge building more Secretary of State, best serve to illustrate some of the principal ac­ tivities of the Government of the United States, $30,000. 'J'h~ com­ nearly fitted for a barn than for the White House of this great missioner herein authorized may receive, out1 of the sum herein appro­ country. priated, compensation at the rate of $3,000 per annnm, together with his Mr. BUTLER. They call them "lean-to's." actual and necessary expenses. Nothing in this provision shall be con­ strued so as to create any liability upon the part of the United States 1\fr. KEIFER. Yes; they call them "lean-to's" in Pennsylva­ directly or indirectly, for any debt or obligation incurred, or for any nia. They are not as good as the common old-fashioned lean-to claim for aid or pecuniary assistance from Congress or the Trea. uty structures. These sheds are built up as we have seen them on of the United States in support or liquidation of any debts or obliga­ tions that may be created on account of said exhibit and participation buildings in which farmers house their cattle, horses, and in said exposition beyond the sum hereby appropriated. The Secretary jacks, or whatever else they want to get in dry. [Laughter.] of State shall submit to the present Congress, at its last session, a There ought to have been erected a new modern residence detailed statement of all expenditures made hereunder.

house for the Pre&ident and his family to occupy, and the Mr. MACON. l\!r. Chairman, I make a point of order a!m.inst0 White House should have been left in its grandeur and beauty the provision just read. without architectural change. Now, it seems that the appro­ Mr. TAWNEY. Will the gentleman withhold his point of pl'iation of $40,000 already made for the further addition was order just a moment? I should like to make a statement in . supposed to be all that weuld be necessary to complete it, and regard to it. it now turns out that unless we make a further appropriation Mr. MACON. Yes. of $13,500 the building ca.n not be suitably constructed this Mr. TAWNEY. Mr. Chairman, the President of the United 1 summer. Notwithstanding what I have said, I favor this fur­ States regarded our participation in the Belgian exposition to ther appropriation. be held in ·1910, of such importance that be has made this par­ The CHAIRI\f.AN. If there be no objection, the pro forma ticipation the subject of a special message to Congress. .amendment will be considered as withdl·awn. The exposition held at St. Louis in 1903 was participated in Ur. MANN. Mr. Ohairman, I renew it, simply for the pur­ by Belgium to the extent of $300,000 She proposes to hold an pose of making one observation, called for partly by the re­ exposition next yearr which is to be an international exposition. !marks of the gentleman from Ohio and partly by the remarks She has extended to our Government an invitation to partici­ of others in the same line. pate in the same; and I think if we authorize that participation When the White House was first reconstructed, having, like and restrict i4 as we have done in this provision,. to an exhibit :the other gentlemen in the House here who have been express- of such of the activities of the Government as in the judgment 4502 CONGRESSIONAL RECORD-HOUSE. JULY 16, I of the Secretary of State should be made, and limit the ex- have one year in Antwerp and two or three years afterwards penditure for that purpose to $30,000, we are doing no more in Brussels? than we ought to, out of courtesy to a foreign nation that did Mr. TAWNEY. This is the third exposition they have had us the courte~~ to accept ou~ invitation and participate in the within the last fifteen or twenty years. world's exposition at St. Louis. Mr. CLARK of Missouri. A money-making scheme, is it not? I tr~st t~at the gentleman from Arkansas will not insist Mr. TAWNEY. My information is that the exhibition is held upon his pomt of order, for the reason I have stated. under the authority of the Belgian Government, but controlled Mr. GRIGGS. Mr. Chairman, I had the honor of sitting with by a local corporation under charter from the Government. the Ways and Means Committee to take .evidence on the tariff Mr. CLARK of Missouri. Is it not true that it is a business bill now in the hands of the so-called "conference committee." venture and that they make 12 per cent? . Before. that committee every manufacturer in the United Mr. TAWNEY. I am told that the corporation holding the States displayed absolute fear, almost to the extent of with- exposition has never made less than 12 per cent. ~awu;ig ti;?m the roo~ and hiding himse~ wheneve~ the. word Mr. SMITH of Iowa. May I ask the gentleman from Minne- . Belgium ~a.s mentioned. I do not bell~ve that i~ _this en- sota whether Belgium is being given any more space than they tire appropriation :was mad~ for the Belgian exposition that occupied at the St. Louis exposition? any manufa~turer m the Umted States couI?- be persuaded to Mr. TAWNEY. No; this participation is just 10 per cent go there ~1~out an armed g~ard of marmes. [Laughter.] of the participation that Belgium had in the St. Louis exposition. Therefore it is useless ~o make. it. Mr. MANN. Mr. Chairman, at the last session of Congress Mr.. TAWNE~.. I w1l~ say m reply to the gentleman from there was a bill, which I believe was a Senate bill, ha\ing Georgia that this is not for the purpose of enabling American passed the Senate, which came to the House and was reported manufacturers to exhibit their g?ods at this Belgian exposi~ion, favorably to the House by the Committee on Foreign Affairs, that already all the space available or that can be obtamed providing for an appropriation for this exposition. My recol­ from the exposition officials has been allotted to American ex- lection is-possibly it may be erroneous-that that bill carried hibitors. $300,000. 1\fr. MACON. At whose request was the allotment made? Mr. TAWNEY. Yes; it did. Mr. TAWNEY. At the request of the representative of the Mr. MANN. It was brought up 1under suspension of the American exhibitors. rules, during the closing hours of the session, one evening. Mr. MACON. Was not it at the request of Professor Gore? Like some other bills, it had attracted my casual attention, and Mr. TAWNEY. Yes; who represents the American exhib- I called the attention of the House to its provisions, under a itors. demand for a second, and the bill was rejected. That bill car- 1\fr. MACON. At the instance of Professor Gore, the exposi- ried $300,000, and provided a very pleasant junketing h·ip for tion expert that does nothing in God's world for a living but various gentlemen who were to be or were then connected with get up these exhibitions in order that he can act as commis- the Congress and other departments of the Government. It sioner at them· for a good rnund price. We would not care how seemed to me very improper to make that appropriation at· often they were held or how much they cost so he received his the time and to pass that bill. Here, however, is a propo ition pay as commissioner. He is a professional at the business. to appropriate $30,000, one-tenth of the sum originally pro~ · Mr. TAWNEY. The money is not to be expended in utilizing posed, for the purpose of merely having this Government rep- any of this space that has been obtained by Professor Gore. resented at an exposition upon the invitation of a foreign gov- Mr. MACON. According to the hearings, Professor Gore is ernment which is our friend and which has been represented strictly in the exhibition business, and the space was reserved rr t tile numerous expositions in our country. The President,1 at his request. who conducts our affairs with foreign countries, is of the o:ffi-· Mr. TAWNEY. Professor Gore was iaterrogated for the pur- cial and personal opinion that it is desirable for us to take this pose of ascertaining the extent and character of the exposition much part in the exposition in Belgium and to provide to this and to determine also whether or not the Government should extent for participation in that exposition. It seems to me, participate in it as a government. under these circumstances, with no proposition .such as was Mr. MACON. Professor Gore stated further that the manu- provided in the original bill or original scheme-which, I take facturers of this country said that they were so busy with their it, is the one referred to by the gentleman from Arkansas [Mr. domestic trade that they did n,ot have time to pay any attention MACON]-merely to accept the invitation of a foreign country in to foreign business, and that they did not expect to make any a polite way, to return, as it were, the wedding presents which exhibits at this exposition. we received when we held out affairs, that it is one of those Mr. TAWNEY. I concede that. This appropriation has no C?u.rtesies which occur b~tw~en _nations as they do between in­ relation to the exhibitors that may exhibit their wares at this d1v1duals, and that the mv1tahon ought to be accepted. We· exhibition. This is simply a governmental matter and the Ian- can not stand in the position of being the recipients of pres­ guage is so worded that not a dollar of it can b~ expended to ents all of the time and 11:ever return~g them. [Applause.] aid any citizen in making an exhibit at Belgium. Mr. MACON. 1\fr. Chairman, permit me to say, m reply to Mr. GRIGGS. Mr. Chairman, if the gentleman will permit what the gen~I~man fr_?m Illinois [Mr. !\~~NN] _has sai_d, that: me, I want to say that, from my understanding of the hearings we i::ave partic1p~t~d m ~s ~any exp?s1tions m Belgium as before the Ways and 1\feans Committee, every manufacturer ex- Belgrnm has participated m m the Umted States. I want to· pressed a fear of letting the Belgians or the Germans know any- say, sir, that Belgium bas had more expositions, perhaps, than thing about what they were manufacturing here. They say any othe~ ~ountrY: on .the globe, and ti;iat they ~a~e gone into they are coming here and inspecting om· goods and our ma- the exposition busmess as a money-makmg propof!1t10n, and that chinery and going home and making them cheaper and better they have them e>ery few years. I find in the hearings that and sending them back here and selling them in competition they had an exposition at _Antwerp in 1884, one at Brussels in with us and at a cheaper price. · - . 1888, ano.ther .at Antwerp m 1894, another at Brussels in 1897, Mr. SMITH of Iowa. Does the gentleman from Georgia recol- ?ne at Liege. m 1905,. and now they are going to have another Iect that when he was pursuing his investigations we found that m Brussels m 1910, Just five years after the last one. If we the balance of trade was enormously in favor of the United are to appropriate the money of the people of this country to States and against Belgium, and tll.at Belgium was one of the participate in ?o.tbing else except t~e expositions in Belgium, if best customers the United States had in the world? · we show a w11lmgness to appropnate largely for purposes of Mr. GRIGGS. Yes; but our manufacturers are all in fear of that kind, those appropriations alone in a few years will bur- them den our Government more heavily than I can estimate. I am l\fr: PRINCE. Mr. Chairman, is not this discussion confined opposed to _shows of this ki:~1d in this country or abroad, and to the point of order? u~der no circumstances, w.h~le I am. a ~I ember of the Ho~se, The CHAIRMAN. The point of order was reserved by the will .I ever suffer a prop?s1tion of 1:his kmd to be enacted mto gentleman from Arkansas at the request of the gentleman from law .1f ~Y humb!e ~ote will prev_ent it. [Applause on the Demo- Minnesota. cratic side.] I msist on the _pmnt of ord~r. . l\Ir. TAWNEY. Mr. Chairman, I simply wanted to make a The CHAIRMAN. The pomt of order is sustamed. statement here as to why the provision was in the bill and why, The Clerk read as follows: in the judgment of those that prepared the bill, the Government TREASURY DEPAnTlliENT. should as a matter of courtesy accept the invitation of Belgium To enable the Secretary of the Treasury to pay rent for vault spac~ · · th •t• If th tl fr in the Union Trust Building, Washington, D. C., for the safe-keeping otl to participate m e expos1 ion. e gen eman om Ar- emergency currency notes prepared under the provisions of "An act to kansas wishes to insist on bis point of order, he can. amend the national banking laws," approved May 30, 1908, and for• Mr. CLARK of Missouri. I would like to ask the gentleman incidental expenses connected therewith, $4,630.70. from Minnesota a que&tion. Is not the exhibition business a Mr. DOUGLAS. Mr. Chairman, I would like to ask the ~ ' sort of industry in Belgium, a kind of ·institution ·that they gentleman in charge of the bill with reference to that appropria~ 1 l909. CONGRESSIONAL RECORD-ROUSE. •4503 tion. Is this to be an .annual ;payment to the Union 'Trust Com- ' .Mr. TAWNEY. About .$4.50,000 -for rents Jn the eitw- ·Of pany for the custody of these notes? What was the evidence Washington. before the committee? I :Mr. CANDLER. Whatt ver ·cent Is that upon the i\Uluati~n J\fr. TA~"'EY. ..Mr. Chairman, when the bill '.became a law c~ buildings, if the genUen:um know.s? . authorizing the issue of the emergency currency, an apprbpria- Mr~ TAWNEV. The ·gentleman ean get t1le valuatwn and tion was made fo1· the purpose of erecting new vaults in the figure it .oat himself. r am not enough of a math-ematician. I Treasury building in the city here. There was no J.)laee to do not know what the valuation of the buildings is. !&tere this money while the Bmeau of Printing and Engraving . Mr. CANDLER. .I thought as the .gentleman was chn.irman was manufacturing it. They were obliged to rent 'Vault space of the Committee on .Appropriations he w_as, of eourse., a m the Union Trust Building.. 'These vaults in the Treasury · mathematician. building are now completed and all of the money of' this em.er- The Clerk :i:ead as -follows; ,gency currency is now stored in the Treasury. This is to pay For ba.lanee .of salary of .ilie Treasurer ·of :the United States as :pro- fue rent which thev· w.ere n<~t authorized to Tiay under existing vide?- by law, from March 4, 1909, to .Tune 30, 1910, 'both dates in- . . "' • ~ elusive, for the fiscal years as follows-- law.. O~erw1se it would have been paid. . They had ±he a-p- M FITZGERALD. Mr. Chairman I make the po1nt of propnat1-0n, but they had no authority under the emergency r. . . a ih ~ act to rent .any buildings -or any space for the nse of the ·Treas- · order agamst the paragr P · • j -The CHAIRMAN. Lines 1 to 6'.? ·ury Department. . . . Mr. FITZGERALD. Lines 1 to 4. Mr. MICHAEL ID. DRISCOLL. Mr. Charrm!ill, I_ ;supp.ose this The CHAIR.MAN. The gentleman Will state his pomt of · eurrency was not completed currency at tpe i:ime it was stored d there? . or J~: FITZGERALD. That it changes .existing 1a:w. Mr. TAWNEY. Oh, no. . Mr. TAWJ\"EY. What is the baSis -Gf the point .of order'.? _ l\fr. l\HC~E;t:i E. DRISCOL~. Can the geu~leman ten me h:ow The CHAIRMAN. The pro_position .seems to the Chair to '.be much the prmting .and engravmg work on this emergency cur- · from lines l to 8 . .rency has cos! iup to date? . . . Mr. FITZGERALD. If that is to be ·considered .a:s one pll.l'.a- 1\ir. TA.W1'EY. I ·can noi;- If. the gen~leman ~ill can !in graph~ but the Clerk has -oniy read the ·first paragraph. .[ m!. committee rooD?, I can g1 "\'"e hnn some 1TI!o!mati-0n. "':1f .he have no ·objection to eonsiderlng nnes 1 to 8 :as .on~ paragraph. . ~in tak~ tile hei:rmgs on ~?e last ~undry ·civil .appropriatrnn Mr. TAWNEY. I think the gentleman, if he wants to makernment here in Washington, except that Congress will lutely sure, since the committee consented to con.sider as Gile :not authorize their construction and appropriate the money. paragraph :that item u.n.d the n.ext, which is fill appropriation l\Ir. CLARK of Missouri. Do you not tb1nk it would be a for $2,000 for the alleged balance for the present fiscal year. wise thing to do to saY-e this rent.? 'Mr. MANN. Whether or not it ought to 'be :paid, is it not :Mr. TAWNEY. I thought so when I reported the sundry ! c1ea1· tha.t ;it is .a deficiency? If after ;an ap:pro_pria.tion is made civil bill with that provision appropriating $2,000,000, uut my . for a particulat" purpose Congress authorizes an :additional associates .in Congress did not agree with me. ,:rmou:n.t in law, .certainly i:hat creates a deftcien.cy wh:i.eh 'be­ Mr. CLARK of Missouri. Why did not you 'get the Oommit- · longs in .a -deficiency .appropriation ,bill Of .course I do not tee on Rules to bring in a rule and pass it! say that Congress had- - Mr. CANDLER. Mr. Chairman. I want to ask the gentleman l\Ir. FITZGERALD. The 1st of .July, 1909, to the 30th .of from Minnesota a question--· .Tnn.e, 191D, the appropriation ;of $6,000 was in iull for the 1\lr. TAWNEY. About the Tombigbee? r ·service:s app-r-OJ>-riated for. Mr. CANDLER. Ur. Chairman, I move to strike .ocut the last Mr. l\1ANN. Very w.ell. H~ ha:s not :accepted that money. word in order to ask the gentleman a :question. I want to ask Mr. FITZGERALD~ Bu.t .he has rendernd the service. the gentleman if he .can inform us b0:w much we .are paying l\Ir. MANN. N-ot for 1910. Now, .for 1909, ..after that law for rent for ·public buildings 'in the city <>f Wa~hington'? went into effect requiring hlm to accept this m0:ney Jn full, 4504 CONGRESSIONAL RECORD-HOUSE. JUL:Y 16,

Congress increased his compensation, and that repealed that Mr. F.ITZGERALD. Because that went into effect iater than law so far as he was concerned. . . that. Mr. FITZGERALD. The unfortunate part of that situation Mr. TAWNEY. How do you know that is a fact? They were is this-that no attempt was made to protect that part of the both sent to the President the same day and they were signed appropriation, and as an appropriation which might have been the same day. in order is associated with one which clearly is not in order, Mr. FITZGERALD. The appropriation commenced at the both must go out of the bill. beginning of the fiscal year. Mr. MANN. Both of those items are clearly in order. Mr. STAFFORD. The presumption would be in-favor of re­ Mr. FITZGERALD. Both are not in order, in my opinion. pealing that restriction,. Mr. MANN. The item for 1909 is a clear deficiency, created Mr. TAWNEY. Section 7 of that act provides that "here­ by act of Congress after the appropriation law -was passed. after the compensation of the Treasurer of the United States The item for 1910 is a clear deficien.cy, created by act of Con­ shall be $8,000,'' and section 8 provides that " all acts or parts gress. of acts inconsistent herewith are repealed." That act was Mr. FITZGERALD. Oh, no. approved March 4, 1901). Mr. MANN. Certainly. He has not accepted any money. Mr. FITZGERALD. A great many things were approved on Mr. FITZGERA.J;.D. After the Congre s fixed the salary at March 4, 1909, that did not meet -with the commendatiQn of the $8,000, it passed an act which went into effect-- . gentleman from Minnesota any more than with my own. I do Mr. MANN. Not after; but even if it had been after it not think we can be held responsible for anything that was would not have made any difference, because he had not got- approved on that date. The legislative act was approved the ten any of that money yet. · 4th of March, 1908, and it provides that-- Mr. FITZGERALD. But he had entered upon the service. Mr. TAWNEY. So was the act increasing the compensation The appropriation is in full for his service .during that year. of the Treasurer of the United States. · Mr. MANN. But the gentleman will admit that if this official ~fr. FITZGERALD. Let me read. The gentleman has read was serving under an appropriation limiting his salary to that section of the act increasing the salaries, which provides $4,000, stating, if accepted, it should be in full, he is not obliged that all ·acts inconsistent with that act are repealed. The legis­ to accept any salary at all, but can go into the Court of Claims lative act for the fiscal year 1910 was approved March 4, 1909. at th~ end of· the year's term and obtain the allowance of his It pfovides that the "following sums appropriated in full com­ salary in full as allowed by the law. The item in the appropria­ pensation for services of the fiscal year ending June 30, 1010,'' tion bill said that he accepts the salary in full, and it does not including $6,000 to the Treasurer of the United States. The repeal the law. It only estops him from asking anything more last section, 5, of that act also provides that "all laws or parts if he does not accept it. of law inconsistent with that law are hereby repealed." So Mr. FITZGERALD. Oh, I think the construction would be that I insi~t that this repealing provision applies as much to the same as upon the repealing law. the act the gentleman has cited as the provision he cites ap­ . Mr. MANN. May I ask the gentleman this: The gentleman plies to the act whj~h I have in my hand. The fact is that says this salary was increased in a bill increasing the salaries the intent of Congress is clear-to provide $6,000 as the com­ of custom-house officials. I was familiar with it as to certain pensation of this office. custom-house officials. I did not know that it increased the The CHAIRMAN. The _Chair is ready to rule it the gentle­ salary of the Treasurer of the United States. man has concluded his argument. The Chair does not wish to Mr. FITZGERALD. Neither did I. intimate in advance what his conclusion is. Mr. MANN. Does the gentleman think that there was any­ Mr. FITZGERALD. I have said all I wish to say. thing surreptitious in any way in getting that in that bill? The CHAIRl\IAN. The legislative, executive, and judicial Where was it put in? appropriation act for the fi cal year ending June 30, 1901, con­ Mr. FITZGERALD. If the gentleman from Illinois did not tained a provision that the following sums be, and the same are know it was in, a doubt is. necessarily raised in my mind as to hereby, appropriated, and so forth, in full compensation for the whether it was put in surreptitiously; because, with th~ vigi­ services for the fiscal year ending June 30, 1909, and fixed $G,OOO lance with which he keeps track of the proceedings of the for the Treasurer of the United States. That act was approved House, it would not have been possible for the item to have been in 1908. March 4, 1909, an act was passed fixing· the com­ in the bill with bis knowledge. I do not know when or where pensation of the Treasurer of the United States at $8,000 ·per it was put in. annum, and repealing all laws or parts of laws inconsistent with But I do know that a bill was introduced for the purpose of this provision. It seems clear to the present occupant of the increasing the salaries of some of_the customs employees. One chair that the provisions of this act changed the provisions of of the last things I find in that act is a provision that "here­ the act making appropriations for the fiscal year ending June 30, after the compensation of the Treasurer of the United States 1909, and that the Treasurer of the United States would clearly . shall be $8,000." I do not know whether that was in tile biJI be entitled to receive the difference in the rate of compensation when it passed the House. I know it was never discussed- I for the period between March 4, 190!>, and the end of the fiscal am quite confident that this particular item in the shape in year. which it is presented is subject to the point of order. In the Now, the legislative, executive, and judicial appropriation act District of Columbia, for instance, we have various judicial for the current fiscal year contained the same provision about officials whose salaries are fixed by the District Code at a the amount appropriated being in full compensation for services certain amount, but Congress has never appropriated that sum. for the fiscal year, and this act was approved on the same day There are a number of other officials whose salaries are fixed as the act changing the salary of the Treasurer of the United at a certain amount, but CongreEs does not appropriate the States. mount fixed in the statute. I do not think it is a wise thing If the provision of the legislative, executive, and judicial ap­ to commence at this time to consider as a deficiency the differ­ propriation bill changes the law as to the salary of the Treas­ ence between the amount fixed by statute and the amount Con­ urer of the United States, it would seem to the present occupant gress appropriates for the service, and to carry it in a defi­ of the chair that there could be no presumption in favor of the ciency bill. If that practice be initiated, the deficiencies will official ; but it has been repeatedly declared, and in a case laid overwhelm this Government. before the present occupant of the chair, decided by Hon. SERENO l\Ir. STAFFORD. Will the gentleman permit me? Does the E. PAYNE in the first session of the Fifty-fourth Congress (pp. gentleman contend that when a salary is increased by a sub­ 2009-2019), quoted on page 450 of volume 4 of Hinds' Prece­ stantive act of legislation that the occupant of the office has dents, it is stated, that the words "in full compensation for not a claim for th·e full amount of the salary? services for the fiscal year" do not change the law, but if the Mr. FITZGERALD. He is entitled to the amount Congress official conclude·s not to accept the salary appropriated he has appropriates for his service, particularly when there is in the the legal right to go into the Court of Claims and recover the act a provision that that ls in full compensation for his service. full amount of the salary which the law specifies. If he is not satisfied with the compen ation, if he thinks he l\fr. FITZGERALD. But there is a provision in the legislative is not receiving what he should receive, I am sure there are act repealing all acts inconsistent with that law. Section 5 of any number of gentlemen on that side who could suggest an the legislative act has the provision that all laws or parts of applicant for the position who would fill it efficiently. laws inconsistent with this act are repealed, and the Chair can Mr. STAFFORD. Just as soon as the act is passed increas­ not overlook that provision in considering the effect of the first ing the salary it repeals the saving clause of your act, which part of the act. ' says that the amount appropriated shall be in full. Mr. l\fANN. l\fr. Chairman, it seems that the error of the gen­ Mr. FITZGERALD. It may have repealed the saving clause tleman from New York is just in this: Where the law fixes a of the act of 1909, but it does not repeal the act of 1910. salary, Congress can refuse to appropriate any of it. The man l\.!r. TAWNEY. Why does it not? may hold the office and perform the functions of the office. Con- 1909. CONGRES-SIONA!i RECORD---HOUSE. 4505 gress may refuse to appropriate any of the salary. In such Mr. TAWNEY. It is to . accommodate the· Government-the case the officeholder can go into the Court of Claims and obtain Treasury Department. It will give the Treasury Department, a judgment for the amount of the salary fixed by law. Now, a,s gentlemen will see from the hearings-I do not now recol­ Congress, having the right to withhold all of the salary, may lect, but a great- many additional square feet of space. The withhold a portion of the salary. It may provide that that cost of this increased space will be about $1.40 a foot, and that portion shall be in full compensation, and if the man accepts the is only a little more than we are paying for rent of many build­ salary, then he takes it in full compensation. If he does not ings. Here is the opportunity, if the gentleman wants to in­ accept the salary, he can go into the Court of Claims and recover crease the space in the buildings that we have now for the use the amount of salary fixed by law. So that the provision in the of the Government. · legislative bill, repealing all laws in conflict, does not repeal this Mr. :MACON. Will this curtail the expenditures for rent? provision in the special act, because it is not iii conflict with the Mr. LIVINGSTON. Yes. law. Mr. TAWNEY. Certainly. Mr. FITZGERALD. It repeals the law that provides that Mr. MACON. To what extent? any other sum than the amount appropriated shall be the com­ Mr. TAWNEY. The top floor of the Treasury building has pensation. heretofore been occupied by a branch printing office in the Mr. MANN. The gentleman would not claim for a moment Treasury Department. The Secretary of the Treasury has re­ that Congres~ by law can repeal a law for a year and then have cently removed the branch printing office and bindery from the it in force again at the end of that year unless it specifically Treasury Department. Now, it is proposed to repair that and so provides. enlarge it so that the Supervising Architect's force can all be The provision in the appropriation bill stating that $6,000 housed and accommodated on that fourth floor. shall be full compensation for the year only applies to the fiscal At the present time the money and securities of the Govern­ year; ancl the gentleman himself will not claim that the real ment are handled from the third floor clear down to the base­ law in conflict with the appropriation for the year is repealed ment of the ·Treasury building. Now, it is the purpose of the under the repealing clause, because that provision of the appro­ Secretary of the Treasury to bring all of the people engaged in priation act is only in force for a year at best. - counting and handling the securities of the Government down The CHAIRMAN. Section 5 of the legislative act, repealing on that same floor and thereby consolidate them on one floor, all laws or parts of law inconsistent with this provision, seems where their work can be supervised more carefully than it can to the present occupant of the chair not to be held to repeal be as it is carried on now on three floors. the provisions of Public Act No. 343, fixing the salary of the Mr. ·MACON. What would have become of this matter if Treasurer of the United States. It relates to appropriations, Congress had not been in extra session? · and not to fixing the salaries; and if, whj.le the current fiscal Mr. TAWNEY. It simply would have waited. year run along, the Treasurer drew his salary under the pro­ Mr. LIVINGSTON. And would have been brought in as a visions of that legislation, he would be barred from going into deficiency next winter. the Court of Claims to recover any balance of salary; yet it Mr. TAWNEY. We would simply have waited; it would does not seem as if the provisions of the act of March 4, 1909, have been that much longer before the improvement could. be so far as anything appears to the committee, have been in any­ made in the Treasury Department and before the space could wise affected, and the Chair overrules the point of order and have been utilized. holds that the appropriation is in order. , Mr. OLMSTED. Mr. Chairman, this is clearly not subject to The Clerk, proceeding with the reading of the bill, read as any point of order, and I hope the gentleman from Arkansas follows: [Mr. MA.CON] will either make his point or withdraw it. PUBLIC DUILDINGS. Mr. TAWNEY. Mr. Chairman, I do not think the gentleman Ror such repairs, alterations, and other work incident thereto, in the discretion o! the Secretary of the Treasury, as may be necessary intends to make the point of order. to properly adapt the fourth floor of the Treasury building, on- the The CHAIRMAN. The gentleman from Pennsylvania [Mr. south and west sides, to the use and accommodation of the Office of OLMSTED] insists that the gentleman from Arkansas [Mr. tbt Supervising Architect, and such other alterations and rearrange­ ment Of the Treasury building as the needs of the department may .MACON} shall either make or withdraw his point of order. · require, $40,000. Mr. MANN. Why, Mr. Chairman, the gentleman from Penn­ Mr. MACON. l\Ir. Chairman, I reserve a point of order sylvania can not insist upon that. I make the point of order against that paragraph. that such a request is not in order. Mr. BARTHOLDT. l wish the gentleman would withhold Mr. OLMSTED. Mr. Chairman, I merely suggested that I it for a moment. hoped the gentleman from Arkansas would either make or Mr. MACON. I have reserved the point of order, not made it. withdraw his point of order. - . Mr. BARTHOLDT. I hope the gentleman will not insist up.on Mr. MACON. i do not suppose the gentleman would attempt it. The e alterations are going on now. They have become to cut me off from presenting the point of order as I see it. I necessary because of the fact that the space now occupied by try to be as courteous to the gentleman as I hope he will be to the Supervising Architect is needed for other offices, and this me in matters of this kind. space can be secured on the fourth floor of the Treasury build­ Mr. OLMSTED. Why certainly. I merely suggested that I ing, which was previously occupied by offices removed to the hoped the gentleman would either make it or withdraw it. Government Printing Office. The change was deemed desirable, Mr. MACON. Mr. Chairman, with the assurance of the gen­ and I wish to make these remarks in connection with the tleman in charge of the bill, the gentleman from Minnesota changes. They are necessary in order to secure a location for [Mr. TAWNEY], that this will be a saving in expense to the the Supervising Architect to enable that official to go ahead Government on account of renting other buildings, and that with his work, and it is necessary that these appropriations by the new arrangement work can be expedited materially, I, should be made. But I desire to express the hope now that at in accordance with my policy of trying to do the very best I some day this House will see the necessity .of making an appro­ can for the efficient service of the Government at all times, priation large enough to secure a special and separate building respectfully withdraw the point of order as to this item. for that great workshop. The CHAIRMAN. The gentleman withdraws the point of As has been stated in this debate heretofore, the work on the order. public buildings, for which the people are waiting all over the l\fr. BURKE of South Dakota. Mr. Chairman, I move to country, has been delayed because of the lack of space for the strike out the last word. I desire to ask the gentleman in Supervising Architect. In other words, there. was a limit on charge of the bill- to inform the committee what the official re­ account of the lack of space to the employment of draftsmen lation of the Supervising .Architect is toward the •rreasury who were necessary to prepare plans for our public buildings. Department which requires that his office shall be connected If the policy-which I hope will be adopted in the near future-­ with the Treasury building, while the accounting . officers of of consolidating all the construction work of the Government the Treasury are moved from the build~ng and are located in under one head is to be carried out, I hope we will make an different parts of the town. I think Members of Congress have appropriation large enough to secure a separate building for had experience in going to' the different auditors of the different the Super-rising Architect, and thus enable him to -employ suffi­ departments on business, and have been required at the same cient help to more expeditiously carry out the acts of Congress time to go to the Treasury Department, and they have found providing for new public buildings. it extremely inconvenient, and it must be apparent to anyone Mr. MACON. Will the gentleman yield? that the auditing offices of the Treasury Department ought to Mr. BARTHOLDT. Yes. be in the Treasury building. I would like the gentleman in Mr. l\IACON. I want to ask the gentleman if the changes charge of this bill, if he can, to tell us why the S.upervising that this appropriation seeks to haYe made in the Treasury Architect is to be ·continued in the Treasury building, while building are riot to accommodate somebody else rather than the the accounting officers are removed -to buildings outside. Supervising Architect? Mr. MANN. Will the gentleman yield for a question? 4506 CONGRESSIONAL RECORD- HOUSE. JULY 16,

. Mr. BURKE of. Souqi Dakota. Certainly. distribution of .. their mails; it is to protect the property of the ~r. 1\f4.NN. Does the gentleman think that it would be more United States. convenient for the .Auditor of the War Department to be close The Clerk read as follows: to the Treasury Department than to be close to the War De- West Point, Miss., public building: For continuation of building partment or for the Auditor of the Navy Department to be in · under p1·esent limit, $5,000, and the total cost of said building and the Treasury building rather than to be close to the Navy site therefor shall not exceed the aggregate sum of 55,000 . .Department? Mr. MANN. 1\fr. Chairman, I make the point of order against l\Ir. .BURKEl of South Dakota. J cm·tainly do~ .that J)aragraph. 1\fr. 1\fANN. Or that the Auditor of the. P-0st~Offiee Depart- .Mr. TAWNEY. Mr. Chairman, I intended to offer an amend- ment should be in the Treasury building? ment, but if the point of order lies against the paragraph, it Mr. BURKE of south Dakota. Yes, sir. will lie against the amendment. I desire to change the phrase- Mr. MANN. Well, the gentleman's -Opinion .differs from that ology. of almost everybody else. The CH.AJRM..A.N. Does the gentleman fr-0m Illinois withhold u.. his point of order? • J.U:i.". TAWNEY. Mr. 'Chairman, I am not. in a IJOSition to Mr. MAJ\TN. 1 reserve the point of order and will let the give the gentleman from South Dakota the information that .amendment be read for information. .he desires as to the reason why tlle auditors are moved to The Clerk read as follows: other parts of the city and housed in other buildings. :and why the su~ervising Architect and his entire force is "'~tamed -m .Strike out lines 23 and ::!{, on page 5, .and lines 1 and 2, page 6, and _,, .. "" insert in lieu thereof "West Point Miss., public building: The limit of the Treasury building itself, except that in the adoption of cost for the site for building is hereby increased to :i;7,5"00, but the that poUcy the head of the department was no doubt influenced · limit of cost for site and building shall not exceed $55,000." by the .convenience .of the arrangement and to facilitate the Mr. TAWNIDY. That is to make specific the additional work o! these men by putting them either in the ibuilding of .amount. I simply want to say to the gentleman while he re­ .the d2partment whose .accounts and transactions they were serves the point of order that it has been found impossible to callro upon to audit or locating them as near to those-particular -obtain the site within the limit of cost, and before this pa.ra- departments as possible. graph was inserted I consulted. with the chairman of the Com- . Mr . .HULL of Iowa. . Mr. Chairman, will the gentleman mitte€ on Public Buildings and Grounds, who satisfied himself -yield for a question 7 as to the necessity of increasing the appropriation for the pur- Mr. TAWNEY. Just a moment. I ean not give the gentleman chase -0f site, and that that could be done without increasing Epecific information as to i:he reasons which moved the Treas- the limit of cost which Congress has placed upon the building ury Department to adopt this present arrangement. I do know and the site. . that it is very essential for the Supl!rvising Archltect to be in Mr. MANN. ~1r . Chairman, I have no doubt there are a the Treasury building, because his work is all in connection great many places wher-e public buildings are provided where it with other officers who have direct supervision .over all of the is desirable and desired to have some change either in the government buildings in the United States outside of the Dis- amount to i:>e respectively used for the site .or building, or trict of Columbia. I now yield to the gentleman. something else in connection with that building. Now, to say Mr. HULL of Iowa. 1\Ir. Chairman, would it not also require, that this does not increase the cost is ridiculous. Either it for instance, in the Post-Office Department, if the .auditor is now proposed t-0 build a building more expensive than ought was in the Treasury building, that every time they \vanted an to be built with the present appropriation or else it is proposed, account passed upon to have to report to the Treasury build- if this becomes a law, not to. expend enough, because it will ing before they could get a ruling; and in the War Depart- use the money now appropriated for the building. Now, I do ment, when questions arose, for the officers of the War Depart- not doubt that the gentlemen who want to take off from the ment to go to the Treasury each time they wanted a matter building and add to the site may be perfectly proper in their .settled! Now, while it may be fill in

Mr. MANN. Every gentleman knows that if it were going to , . Mr. TAWNEY. I will say to the gentleman from Illinois change the class of the building or the class of furniture, that that propositions similar to this that may be in this bill when it the next time we had anything of this sort before the House is returned to the House will be considered on their merits; there would be a proposition to restore this. Why should not and if in the judgment of· the House conferees they are not West Point have the same class of building that every other city meritorious propositions, or if they involve an increase in the does of the same character and with the same postal receipts? limit of cost of any building, so far as I am concerned, there will Why should they not have equal furniture to other places? Is be no proposition of that kind in the bill when it becomes law. it the proposition here to put a cheaper building in West Point Mr. MANN. But it is a fact that the distinguished gentleman than another city like it gets, or to put cheaper furniture in? from Minnesota, learned, wise, capable in every direction, under- Mr. BOWERS. Does the gentleman think there is any ma- standing appropriations of all sorts, is not informed as to terial difference between a building that costs $47,000 and one provisions for public buildiilgs and grounds except as author- that costs $50,000? ized by law. Mr. MANN. If the gentleman does not want it, let him leave Mr. TAWl\TEY. Certainly not. Now, all the appropriations it in the Treasury. made for public buildings and grounds come from the Committee Mr. BARTHOLDT. I can not speak for all the Committee on Appropriations. on Public Buildings and Grounds; but, so far as I am con- Mr. MANN. All the appropriations do, but the legislation does cerned, I will see to it that no additional appropriations shall not. Now, here is the proposition-- be made for that city, because the Supervising Architect says Mr. TAWNEY. Suppose this proposition goes out. Will it it will be sufficient. If he deducts the one or two thousand dol- prevent the other bod-y, of which the gentleman stands in such lars which will be necessary for the site, he will not require great fear, from putting as many propositions on the bill as any other appropriation to be added to the one made at the last they please? session and the Committee on Public Buildings 8.1).d Grounds Mr. MANN. Well, no; it will not be inviting them to do it. will not grant it if I have my way in the matter. But there is a great deal of difference between inviting a man Mr. SISSON. Mr. Chairman, this does not cost the Govern- to do that which he does not want to do and that which he is ment one dollar more than the two appropriations which were offering to do on his own motion. However, I withdraw the formerly passed by Congress. The Treasury Department -ap- point. ' pointed commissioners to go to the city of West Point for the Mr. STAFFORD. I wish to renew the point of order for the purpose of locating ·this building. There were several lots purpose of obtaining information. I would like to ask the gen­ which were offered to these commissioners, and after they had tleman whether there are any other instances similar to this selected a lot they negotiated with the owner of the lot, and where the money appropriated for the site is inadequate, as the lot could not be purchased within the appropriation. They has been suggested by the gentleman from Mississippi? then instituted condemnation proceedings to condemn the prop- Mr. BARTHOLDT. In answer to the question of the gentle­ erty and the award was greater than the appropriation. There- -man from Wisconsin, I want to say I am not aware of any fore: the Secretary of the Treasury recommended that he could other items . where the sum ?f money provided :for the site is not erect a building adequate for the city of West Point, because not adequate. Of course I· will not say there are none. the bill which originally provided for the $50,000 only provided .Mr. TAWNEY. Let me say right there, if the gentleman will for so much thereof as might be necessary, but he was unable pardon me, all the cases except these two were taken care of to take any of the building fund and transfer it to the lot. in the little public-·building bill we passed the last session of These gentlemen, the chairman of the Committee on Public Congress. Buildings and Grounds and the chairman of the Committee on Mr. STAFFORD. I understood that there was no public- Appropriations, have all those papers with them . on file in building bill passed. ' their offices. The Secretary of the Treasury says that $47,500 Mr. BARTHOLDT. Yes; there was. will erect an adequate building, and the work was stopped be- 1\Ir. TAW1'TEY. The gentleman must have been absent, but cause he could not get a lot within the present appropriation there was. It was limited to changes that were found neces­ which he was willing to accept. You can procure a lot in the sary under previous authorizations. There were no new au­ city of West Point for $5,000, but it will be located out on the thorizations. There are only two · of these cases that have edge of the city, where the Government is unwilling to locate come to my attention. the post-office building. Now, in order that we may get a lot Mr. BARTHOLDT. In further answer to the gentleman, I situated contiguous to the business section, get a building ac- want to say that under no circumstances would the former ceptable to the commissioners appointed by the Secretary of the chairman of the. Committee on Public Buildings and Grounds Treasury for the purpose of locating this lot, it will take about consent to an increase of any appropriation, because that would $2,500 of the building fund. Therefore there can be no harm be unfair to the membership of this House, unless the changes done to anybody if you have confidence in your architect who were made necessary owing to the changed conditions in those makes this certificate to the chairman of these committees. You localities, merely contemplating a change within the limit of must know that he would not certify to anything which would cost fixed by the public-building bill; and the chairman of the give the people a building which was inadequate for the purpose. committee has no objection to those; but where the increase Now, this matter has been held up for quite a while. As the was asked the chairman objected to any such provision in any chairman of the Committee on Appropriations well stated, this bill-in this bill or any other. matter ought to have been attended to at the last session of Mr. STAFFORD. On the statement of the gentleman from Congress, but for some reason or other the matter was over- Missouri and the gentleman from Minnesota that there are no looked. I hope no objection will be made to it, but that Con- other instances whereby the other body might load down this gress will let this work go on, which the architect says is neces- bill, I withdraw the point of order. sary. The CHAIRMAN. The question is on the amendment offered by Mr. MANN. How could a matter like this be overlooked? the gentleman from Minnesota, which the Clerk will again read. We passed a public building bill covering just such items as this The amendment was again reported. in the last Congress. • Mr. MARTIN of Colorado. Mr. Chairman, I should like to Mr. SISSON. I was not a Member of Congress at that time. ask the chairman of the Committee on Appropriations [Mr. The Supervising Architect informed me that at the regular ses- TAWNEY] a question. He has just stated, and there are some sion, recently closed, he was in hope that the matter would have of us here who have a peculiar interest in that statement as it been taken up, but in the rush of business it escaped attention. will appear in the RECORD, that the two items in the bill now Mr. MANN. Now, Mr. Chairman, I am very much impressed before the House are the only instances of requests of this with the statement of the gentleman from Mississippi, as well nature that have been brought to his attention. I wanted to as the future and past chairman of the Committee on Public remind him of a request which I consider to come within the Buildings and Grounds. I woul9. like to propound a conundrum provisions of the bill. to the distinguished gentleman who introduced this bill, and who Mr. TAWNEY. I want to say to the gentleman from Colo­ may very likely be a conferee on it. This throws open the rado that these are the only two requests for changes within gate; and I will ask him if it is not a fact that there is an- the limit of cost fixed by Congress. When . the gentleman from other distinguished aggregation of. gentlemen who will have Colorado submitted his request, it was for an appropriation in a look at it? I would not make this remark about any official excess of the limit of cost, and would therefore be clearly out of body, but there are gentlemen who have voracious appetites order; and as the gentleman knows, the former chairman of the and who have a great many projects such as this. I would Committee on Public Buildings and Grounds [Mr. BARTHOLDT] like to know if this bill, when it becomes law, is to be loaded has said that would not be permitted on this bill or on any down with work of the Committee on Public Buildings and appropriation bill. Grounds? That is the conundrum I propound to the gentleman It first requires legislation increasing the cost; and when that from Minnesota. legislation is obtained, then an appropriation· is made within --~

-4508 CONGRESSIONAL RECORD-HOUSE. JULY 16, that increased limit of cost; but until that legislation can be to the Treasury Department to use these miscellaneous re· obtained there is no possibility of securing an appropriation ceipts, which must now, under the ruling of the comptroller, above the amount originally fixed as the limit of cost for that go into the Treasury to the credit of the general fund. building. · Mr. BOWERS. The appropriations made for the Bureau ot Mr. MARTIN of Colorado. I just wanted the gentleman from Engraving and Printing for the current year were made with Minnesota to understand my position, that I did not want his the idea that it would be able to use these miscellaneous remarks to go into the RECORD in such a way. that it could be receipts? considered that no request had been made upon him for the Mr. TAWNEY. Certainly, and they have been used. Tha insertion of the item to which I have reference. reimbursements, as they are called, for a great many years have l\lr. TAWNEY. I was limiting my remarks to propositions for been used by the bureau, and the appropriations for the Bureau changes within the limit of cost. The proposition of the gentle· of Engraving and Printing for the current year were made on man from Colorado was for an appropriation for an additional that basis. amount,. above the limit of cost previously fixed by law. Mr. MICHAELE. DRISCOLL. How much do they amount to7 The CHAIRl\IAN. The question is on the amendment of the Mr. TAWNEY. They amount to about a million dollars. In gentleman from Minnesota, which has been read. other words, the appropriations this year will be a million The que8tion was taken, ·and. the amendment was agreed to. dollars less than neces ary to conduct the bureau. The Clerk read as follows: One other item my attention has been called to, and that is Quincy, Ill., post-office and court-house: 'Tue Secretary of the Treas­ the postage-stamp contract. The Bureau of Printing and En­ ury is authorized1 in Ws discretion, to acquire, by condemnation or oth­ graving has u. contract with the Post-Office Department for en­ erwise, such additionnl land as may be necessary !or the enlargement of the site of said building: Provided, That the total cost of such land, graving and printing all of the postage stamps, and the expense and enlargement. extension, remodeling, or improvement of said build­ of that work has been paid out of the proceeds derived by the ing, shall not exceed the total sum of $100,000. bureau under that contract, which proceeds under the deci ion Mr. STAFFORD. Mr. Chairman, I wish to reserve a point of the Comptroller of the Treasury must now go into the Treas­ of order for the purpose of asking the chairman whether this ury as miscellaneous receipts to the credit of the general fund. is similar to the paragraph which has just been passed. Mr. MANN. The amendment which the gentleman offers only Mr. TAWNEY. This is almost on all fours with the case relates to the current fiscal year? stated by the gentleman from Mississippi [Mr; SrssoN]. The Mr. TAWNEY. That is all; I limit it to the current fiscal gentleman from Illinois is familiar with the fact and can make year because it is very evident that something must be done. a statement and give the Honse information in .regard to it if We have no opportunity now to go into the question with suffi­ it is desired. The appropriation for this site is within the limit cient thoroughness to determine whether to continue the in· of cost. . definite appropriations hereafter or appropriate specifically for :Ur. STAFFORD. Originally, then, $100,000 was appropriated the entire service. for a building and site? Mr. MANN. Under the gentleman's amendment might not Mr. T.A WNEY. Yes. the bureau do work for private individuals and take the money Mr. STAFFORD. And this is for the distribution of that and put it into their fund? amount? .Mr. TAWNEY. I do not think they can. Mr. MANN. Do not they do it, and have they not done it Mr. TAWNEY. Yes~ to enable them to get the site which the department demands. for years? Ought they to do it? Mr. STAFFORD. I withdraw the point of order. Mr. TAWNEY. No; I do not think they ought to, and I know The Clerk read as follows : of no instance of their doing it except for the inauguration com­ Bureau of Engraving and Printing, new building : The Secretary of mittees.• I believe they all have their engraving done at the the Treasury is authorized, in his discretion, to procure plans and Bureau of Eng1·aving and Printing. specifications fox the mechanical and electrical equipment of the new Mr. l\IA.i~. I think the gentleman will find that it is not an buiiding for the Bureau of Engraving and Printing (exclusive of the uncommon thing in some directions for the Bureau of Engrav­ special features relating to printing and engraving), at the usual rates of compensation for such services. from engineers specially competent ing and Printing to do work practically for private individuals, by reason of their experience and familiarity with the unusual problems for which the Government is not held accountable, and that they involved in the _operations performed in a building of this character. take the mon~y from the private individuals and use it to reim­ l\Ir. TAWNEY. M1·. Chairmnn, I want.to offer an amendment burse the fund. to the paragraph just read. Mr. TAW1''EY. I will say to the gentleman that this decision The Clerk read as follows: was rendered only within the last week, and there has been no On page 6, after line 20, insert~ time or opportunity for investigation, and this is offered now " During the fiscal year l!HO all pr-oceeds derived from work per­ merely as a means of meeting the emergency to tide over until formed by the Bureau of Engraving and Printing by direction of the Secretary or the Treasury, not eovered and embraced in the appropria­ Congress will have an opportunity to make such investigation tion for said bnrea.u for the said fiscal year, instead of being covered as is necessary before we adopt a permanent policy with respect into the Treasury as miscellaneous receipts, as provided by the act of to the work and compensation hereafter. August 4, 1886 (24 Stat., 227), to be credited, when rec-eived, to the i\11'. M.A.1'.TN. It is not my intention, Mr. Chairman, to insist · appropriation for said bureau for the fiscal year 1910." upon the point of order, nor do I wish to be understood as re­ l\Ir. MANN. I want to reserve a point of order on that. flecting in any way on the Bureau of Engraving and Printing, Mr. MICHA.EL E .. DRISCOLL. I resen-e a point of order on which I consider to be one of the best-managed bureaus of the that amendment. Government ; but the gentleman from Minnesota and myself The OH.AIRMAN. The point of order will be reserved. and others in the House have stood consistently opposed to per· Mr. TAWNEY. Owing to a recent ruling of the Comptroller mitting money to be paid into various departments of the Gov­ of the Treasury, the Bureau of Engraving and Printing finds ernment without being covered into the Treasury as a part it will oe impossible to do the work which it is required to do of the miscellaneous fund, and that proposition is constantly under existing appropriations_ The work that the Bureau of before us, especially in relation to some of the public domains, Engraving and Printing has been doing for the Government matters affecting the Forestry Service, and elsewhere. It is Printing Office and for the Philippine government has all been not a very good precedent to set -at any time. Unless the gen· paid for and the money used in carrying on the work of that tleman's amendment had related to the current fiscal year only bureau, until the ruling of the comptroller to the effect that I should hav~ objected, but as it is an ~mergency matter I will under the statute it is mandatory upon every officer of the withdraw the point of order. Government :receiving money to deposit that money in the Mr. MICHAEL E. DRISCOLL. I would like to ask the gen­ Treasury to the credit of the general fund as miscellaneous tleman from Minnesota what would have happened if this Con­ receipts. For twenty years, now, the Bureau of Engraving and gress had not been in session? Printing has been doing work outside of the Treasury Depart­ Mr. TAWNEY. The bureau would have suspended work for ment for other deparbnents of the Government and has been these other departments, because the director would not have reimbursed for this work out of their appropriations. had money to go on; he could not use the appropriations that That must now cease, under the decision of the comptroller. are now available. Take the postage-stamp contract, for ex­ This is to enable the director of the bureau to continue his ample-- work during this fiscal year rmder existing appropriations, Mr. MANN. -Oh, they would have transferred a part of it to utHizing the proceeds derived :from the reimbursement from the Post-Office Department and paid the money. There would other deparbnents and the Philippine government in conjunc­ have been a little monkey work with the books. tion with the money appropriated for his service. .A.t the next l\.fr. TAWNEY. Yes; it would have been juggling with the session of Congress either -the appropriations will have to be books. This is the only straightforward method of meeting the increased for the bureau, to make up the difference between the emergency. I do not propose that it shall be a precedent, but miscellaneous receipts that are now being used and have been merely to continue until Congress is in session next winter, when used for twenty years, or else express authority must be given we can take up the matter consistently and thoroughly. 1909~ .CONGRESSIONAL RECORD--HOUSE. 4509

The CHAIRMAN. The question is on the amendment offered PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. by the gentleman from Minnesota. . The question was taken, and the amendment was agreed to. . Under clause 3 of Rule XXII. bills, resolutions, and memorials . Mr. KELIHER. Mr. Chairman, I offer the following amend- ot the following titles were introduced and: severally referred as ment which I send to the desk and ask to have read. follows: • By Mr. ROBINSON: A bill (H. R. 11709) to protect the bank The Clerk read as follows: of the Arkansas River at Cummins, Ark.-to the Committee on On page 6, after line 20, insert : "That during the fiscal year 1910 the Secretary of the Treasury ls Rivers and Harbors. authorized out of the appropriation ' Fuel, lights, and water for pub­ By Mr. RICHARDSON: A bill (H. R. 11710) to increase the lic buildings' to furnish steam for the operation of pneumatic tubes appropriation for a public building at Florence, Ala.-to the of the postal service as heretofore, the proceeds derived from the sale Committee on Public Buildings and Grounds. of said steam to be credited to sa.id appropriation." By Mr. ANDREWS: A bill (H. R. 11711) authorizing the Mr. MANN. Mr. Chairman, on that I reserve the point of county of Taos, Territory of New Mexico, to issue bonds ~or ~he order. erection of a court-house-to the Committee on the Territories. Mr. TAWNEY. .Mr. Chairman, I will state to the gentleman Also, a bill (H. R. 11712) for the relief of the county of Tor­ from Massachusetts that his amendment is now pending. I rance, in the Territory of New Mexico-to the Committee on the move that the committee do now rise. Territories. The motion was agreed to. By Mr. BARTLETT of Georgia: Concurrent resolution (H. C. Res. 20) requesting the President to transmit to the ~xec.utives Accordingly the committee rose; and the Speaker having re­ of the States copies of the amendment of the Constitution of sumed the chair, Mr. WANGER, Chairman of the Committee of the United States, adopted by Congress, relative to- taxing in­ the Whole House on the state of the Union, reported that that comes, etc.-to the Committee on Ways and Means. committee had had under consideration the bill H. R. 11570, By the SPEAKER : Memorial of the Williams Pulp and .Paper the urgent deficiency appropriation bill, and had come to no Company, of San Francisco, Cal., praying for the retention ?f resolution thereon. the duties p1·oposed by the House on paper, etc.-to the Commit­ RETIREMENT OF AGED CLERKS. tee on Ways and Means. Also, memorial of Messrs. Leggetts & Son and 16 othe~ mer­ Mr. GILLETT. Mr. Speaker, I ask unanimous consent that chants of Casey, ID., praying for the removal of tax on hides-- there may be printed as a House document 2,500 copies of in­ to the Committee on Ways and Means. . formation that the Committee on Reform in the Civil Service Also memorial of the International Brotherhood of Mill has had presented to it on plans for retirement of aged clerks, Worke~s. of Port Edward, N. Y., praying for the continu3:tion an annuity and savings plan. of the Dingley rates on paper and wood pulp-to the Comnnttee The SPEAKER. The Chair will state that the Chair has on Ways and Means. been informed that the law fixes the number of copies to be Also memorial of the Cook County League of Women's printed as documents. Clubs,' protesting against higher tariff rates on hosiery and Mr. GILLETT. Then, Mr. Speaker1 I will withdraw the num­ gloves-to the Committee on Ways and ~eans. . . ber of copies. By Mr. WEISSE: Memorial of the legislature of W1sconsm, The SPEAKER. The gentleman from Massachusetts asks relative to federal cooperation in work of road improvement­ unanimous consent that there be printed as a House document to the Committee on Agl'iculture. the matter to which he has referred. Is there objection? Also memorial of the legislature of Wisconsin, relating to Mr. FITZGERALD. Mr. Speaker, what is this? cooly a.'nd Mongolian labor-to .the Committee.on Fo.rei~ A.ffa~rs. The SPEAKER. Does the gentleman yield? Also memorial of the legislature of W1sconsm, mdorsmg Mr. GILLETT. Certainly. bill 8323-to the Committee on Expendi­ Mr. FITZGERALD. What is this to which the gentleman tures in the Interior Department. . refers? . Also memorial of the legislature of Wisconsin, relating to the Mr. GILLETT. During the last session of Congress, the investigation of stock exchanges-to the Committee on Inter­ Committee on Reform in the Civil Service had hearings relative state and Foreign Commerce. to some plan for the retirement of aged officials. A gentleman Also, memorial of the legislature of Wisconsin, petitio:r;iing who was employed by the clerks made various extensive investi­ Congress for the establishment of a permanent nonpartisan gations and collated a great quantity of material. He also expert tariff commission-to the Committee on Ways and acquired facts as to what other governments are doing, and I Means. think that would be very valuable information if printed as a House document. Mr. FITZGERALD. How much will it cost? P]lIVATE BILLS AND RESOLUTIONS. Mr. GILLETT. Seven hundred dollars a thousand. Under clause 1 of Rule :xxn, private bills and resolutions of Mr. MANN. Mr. Speaker, I am somewhat familiar myself the following titles were introduced and severally referred as with those hearings. If the tables have ever been completed, follows: lt is news to me. The committee was frequently promised. but By l\lr. BROWNLOW: A bill (H. R. 11713) to correct the they were never furnished. After a while the Committee on military record of J. w. Young-to the Committee on Military Reform in the Civil Service will be appointed again, and prob- Affairs. ably will obtain authority to have necessary printing and bind- By Mr. CARY:. A bill (H. R. 11714) granting an increase of ing done, and will be able to print anything that is necessary . t Patrick Gurry-to the Committee on Invalid Pen- to be printed. It seems to me to be a very bad precedent every p~nsion ° . •tt h h . f t o . d sions. time a comnn ee ~s a earmg o_r some one o c me m an By Mr. COX of Indiana: A bill (H. R. 11715) granting an in- ask to have that prmted as a public doct;iment. . crease of pension to Harrisson M. Stratton-to the Committee Mr. GILLETT. The e are not the hearmgs of the comrmttee. I rd p sions Mr. MANN. Well, '!h~t is it that t?e gen!leman wants? onAI:.a; billeCH. R: 11716) granting an increase of pension to Mr. G~ETT. This is fil:e maten~ which tJ;te gentleman IHenry R. Munklett, alias Henry Reinhardt-to the Committee from rumo1s [Mr. MANN] will rec?gruze as ~avmg been col- on Invalid Pensions. lated by Mr. Brown very la:gely for the committee. By Mr. CROW: A bill (H. R. 11717) granting an increase of Mr. MANN. That material was g~there~ for t~e ben~fit of pension to Mark T. Campbel1-to the Committee on Invalid the committee, and when the committee. is appJuly 19, 1909, at 12 o'clock m. Dennison-to the Committee on Invalid Pensions. 4510 CONGRESSIONAL RECORD- HOUSE. JULY 19, .

Also, a bill (H. R. 11724) for the relief of James Mansfield-­ By Mr. RICHARDSON: Paper to accompany resolution to to the Committee on l\Iilitary Affairs. - increase the appropriation for a public building at Florence, Also, a bill (H. R. 11725) for the relief of William R. Mc­ Ala.-to the Committee on Public Buildings and Grounds. Lain-to the Committee on Military Affairs. - By l\fr. SHEFFIELD: Petition of Merchants' Association of Also, a bill (H. R. 11726) for the relief of' William K. Cald­ Pawtucket, Il. I., against the corporation amendment to H. R. well-to the Committee on .Military Affairs. 1438-to the Committee on Ways and Means. B:r l\Ir. GILMORE: A bill (H. R. 11727) for the relief of By Mr. SULZER: Petition of Hide and Leather Association, James L. Bradford-to the Committee on the Public Lands. of New York and vicinity, for free hides-to the Committee on Also, a bill (H. R. 11728) granting a pension to Edward Gal­ Ways and Means. lagher-to the Committee on Invalid Pensions. Also, petition of C. Petrie and others, favorinz House schedule By l\Ir. GRONNA: A bill (H. R. 11729) granting an increase on lithographic products (H. R. 1438)-to the Committee on of pension to George Spunail~to the Committee on Invalid Ways and Means. Pensions. By Mr. WEISSE: Petition of New York Mercantile Exchange, By l\Ir. NEEDHAM: A bill (H. R. 11730) granting an in­ for reduction of duty on butter, cheese, and eggs-to the Com­ crease of pension to Seymour S. Sloan-to the Committee on In­ mittee on Ways and Means. valid Pensions. _ Also, petition of Northwestern 1\lutual Life Insurance Com­ By l\fr. ROTHERMEL: A bill (H. R. 11731) for the relief of pany, for exemption from taxation proposed by corporation the Agricultural and Horticultural Association of Berks County, amendment to H. R. 1438-to the Committee on Ways and Pa.-to the Committee on War Claims. Means. By Mr. THISTLEWOOD: A bill (H. R. 11732) granting an Also, petition of Oshkosh Chamber of Commerce, favoring any increase of pension to B. F. Wilbourn-to the Committee on In­ measures in legislation to support our merchant marine-to the valid Pensions. Committee on the Merchant Marine and Fisheries. By Mr. THOMAS of Kentucky: A bill (H. R. 11733) granting an increase of pension to 1.filijah W. Taylor-to the Committee on In yalid Pensions. HOUSE OF REPRESENTATIVES. Also, a bill (H. R. 11734) granting a pension to Parnesia l\I. Walton-to the Committee on Pensions. MoNDAY, July 19, 1909. Also, a bill (H. R. 11735) for the relief of R. P. Breeding­ The House met at 12 o'clock noon. to the Committee on War Claims. The Chaplain, Rev. Henry N. Couden, D. D., delivered the Also, a bill (H. R. 11736) for the relief of the estate of Rev. following prayer : James Breeding, deceased-to the Committee on War Claims. O Lord, our God and our Father, eyer constant in Thy minis­ By Mr. WEISSE: A bill (H. R. 11737) granting an increase tration unto us, Thy children, help us to walk worthy of the of pension to William Hardenbrook-to the Committee on In- precious gifts Thou hast bestowed upon us, and teach us to valid Pensions. ,. know the meaning of the ten great commandments, and to Also, a bill ( H. R. 11738) granting an increase of pension to have the coUl'age to live them daily is better than to know when, Ilemy H. Sheldon-to the Committee on Invalid Pensions. where, and how they came into existence; .-that to keep a con­ science void of offense toward Thee and our fellow-men is bet­ ter than all the speculation as to its origin. Hear us, 0 Lord, PETITIONS, ETC. and help us to live our convictions of the spirit of the Lord Under clause 1 of Rule XXII, petitions and papers were laid Jesus Christ, for Thine is the kingdom and the power and the on the Clerk's desk and referred as follows: glory forever. Amen. · By .l\fr. CONRY: Petitions of New England Shoe and Leather The J ournal of the proceedings of Friday, July 16, 1909, was Association, Hans Rees Sons, Goodbar Shoe Manufacturing Com­ read and approved. - pany, Endicott-Johnson Company, Pfister & Vogel, and J. H. CONSTRUCTION OF BRIDGES. Rossbach & Bros., favoring free hides-to the Committee on Mr. MANN, Mr. TAWNEY, and l\Ir. BARTLETT of Georgia Ways and Means. rose. Al. o, petition of New York Mercantile Exchange, favoring de­ The SPEAKER. The Chair will recognize the gentleman crease of tariff on butter, cheese, and eggs-to the Committee from Illinois [Mr. MA.NN]. on Ways and Means. Mr. MANN. Mr. Speaker, I move to suspend the rules and Also, petition of Frederick de Bary & Co., against increase of pass the bill (H. R. 11572) to authorize the construction, duty on champagne, wines, etc.-to the Committee on Ways and maintenance, and operation of various bridges across and Means. over certain navigable waters, and for other purposes, which I Also, petition of Frankfort Insurance Company of New York, send to the Clerk's desk. against taxing insurance companies by the corporation-tax The SPEAKER. The Clerk will report the bill. amendment to H. R. 1438-to the Committee on Ways and The Clerk read as follows : 1\leans. A bill (H. R. 11572) to authorize the construction, maintenance, and Also, petitions of American builders of machines for paper operation of various bridges across and over certain navigable waters, making and American manufacturers of paper makers' felts and and for other purposes. Be i t enacted, etc., That the Chicago, Indiana and Southern Rallroad jackets, against reduction of tariff on wood pulp--to the Com­ Company, a corporation of the State of Indiana, its successors, and mittee on Ways and Means. assigns, a re hereby authorized to construct, maintain, and operate a Also, petition of accountants of New York City, against cor­ bridge and approaches thereto across the Grand Calumet River, at a point suitable to the interests of navigation, in the city of East Chl­ poration-tax amendment to H. R. 1438-to the Committee on ca;;o, Lake County, Ind. Ways and Means. The Beaufort County Lumber Company, a corporation of the State Also petition of l\Ierchant l\farine League, favoring legisla­ of North Carolina, its successors and assigns, are hereby authorized to const ruct, maintain, and operate a bridge and approaches thereto across tion t~ promote merchant marine of the United States-to the the Lumber River, at a point suitable to the interests of navigation, Committee on the Merchant Marine and Fisheries. between the town of Lumberton and the town of Alma, in Robeson By 1\lr. COOPER of Pennsylvania: Petition of James Dewald, County, N. C. The St. Louis and San Francisco Railroad Company, a corporation, favoring more effective immigration laws-to the Committee on operating a line of railroad in the State of Arkansas, its successors Immigration and Naturalization. and assigns, are hereby authorized to construct, maintain, and operate By Mr. F ULLER: Petition of Cigar 1\Iakers' International a bridge a nd approaches thereto across the Black River, at a point Union of America, against free cigars and tobacco from the suitable to the interests of navigation, at or near Pocahontas, Randolph County, Ark. Philippines-to the Committee on Ways and Means. The act of Congress entitled "An act to authorize the construction Al so, petition of Will.iam J. Madden, o~ Ottawa, Ill., ag~inst of a bridge across the Missouri River, and to establish it as a post­ road," approved May 16, 1906, granting the Kansas City, St. Joseph taxing receipts of life IDsurance compames-to the Committee and Excelsior Springs Railway Company authority to construct a on Ways and Means. bridge at Kansas City, Mo., is hereby revived and reenacted and so Also a petition of Sapp, Pettit & Sapp, of Ottawa, Ill., for amended as to extend the time for commencing and completing the structure therein authorized one and three years, respectively, from reduction of duty on wood pulp and print paper-to the Com­ May 16, 1909. mittee on Ways and Means. The county of Ouachita, in the State of Arkansas, is hereby au­ By Mr. GRAFF: Petition of merchants of La Moille, Arling­ thorized to construct, maintain, and operate a bridge and approaches thereto across the Ouachita River, at a point suitable to the interests ton, and Buda, Ill., against a parcels-post law-to the Commit­ of navigation, at or near Can;iden, in said county and State. tee on the Post-Office and Post-Roads. The Indiana Harbor Belt Railroad Company, a corporation of the By Mr. HOLLINGSWORTH: Petition of Department of State of Illinois, its success.ors and assigns. are he1·eby authorized to construct, maintain, and operate a bridge and approaches thereto across Ohio Grand Army of the Republic, against portrait of Jefferson the Little Calumet River, at a point suitable to the intereste of navi­ Davi's on silver service of battle ship Mississippi-to the Com­ gation, in Thornton Township, in the county of Cook and State of mittee on Naval Affairs. Illinois.