5920 CONGRESSIONAL RECORD-HOUSE. NOVEMBER 14,
By l\lr. PATTON of Pennsylvania: A bill (H. R. 9286) grant assessment work is done in• the wintertime with the use of ing an increase of pension to Abraham Egler; to the Committee sleds. Even if this relief measure passes, there is now no way on Invalid Pensions. of notifying these miners except by cablegram to • rome, Alaska. Also, a bill (H. R. 9287) granting an increase of pension to I desire to give notice that as soon as the bill reaches the Mary A. Andrews: to the Committee on Invalid Pensions. Speaker's table I shall ask to have it taken up and considered By Mr. TAGGART: A bill (H. R. 9288) for the relief of and disposed of by unanimous consent. I desire to state fur Albert H. Campbell; to the Committee on Military Affairs. ther that a full statement is contained in the record of the Also, a bill (H. R. 9289) granting an increase of pension to Senate proceedings of yesterday, showing the neces ity of the George Stevens; to the Committee on Pensions. l assage of this bill and the need of unanimous action on the Also, a bill (H. R. 9290) to place the name of Capt. William part of the House. H. Ward on the unlimited retired list of the Regular Army of The SPEAKER. The gentleman from Washington [Mr. JOHN the United States, with rank and pay as a retired officer of SON] gives notice that when the bill comes from the Senate the regular establishment; to the Committee on l\lilitary Affairs. relating to the matter he refers to, he will ask unanimous con sent to can it up. The gentleman from Delaware [J\Ir. BRocK - PETITIONS, ETC. soN] is recognized for one hour. Under clause 1 of Rule XXII, petitions and papers were laid CORPORAL PUNISHMENT IN THE ST.ATE OF DELAWARE. en the Clerk's desk and referred as follows : Mr. BROCKSON. Mr. Speaker, on Tuesday last Ur. Ev.ANS, By the SPEAKER (by request) : Fetition of citizens of Lin of Montana, asked unanimous consent for the present considera coln and Montgomery Counties, Mo., asking for a pension for tion of a resolution which was sent to the Clerk's desk and read. Mrs. Kate L. Clare, widow of the late William D. Clare, an ex The resolution was as follows: soldier; to the Committee on Pensions. House resolution. Also (by request), petition of the Belknap Hardware & Manu Wh~reas. it appears from cispatches published in the public prints that facturing Co., of Louisville, Ky., favoring change in the parcel su: prisoners-two white men and four negroes--all convicted ot rob bery, were whipped on their bare backs, with a total ot !l5 lasbes, at post law relative to shipment of books; to the Committee on the the Newcastle County workhouse, in the State o! Delaware, on No Post Office and Post Roads. vember 8, rn13 ; and Also (by request), petition of the National Woman's Chris Whereas it further appears that two ot said prisoners, James Bayard tian Temperance Union, protesting against placing in the CoN !~S William Reason, negroes, each received 20 lashes for burglary; GRESSION A.L RECORD the funeral oration o>er the remains of the Whereas it further appears that on Saturday next, November 15, these two men will each receive a similar number of lashes on the bare late Adolphus Busch, a brewer of St. Louis, Mo. ; to the Com back, and in addition Bayard is sentenced to serve 14 years in prison mittee on Printing. and Reason 11 years ; and By Mr. GRAHAM of Pennsylvania: Petition of the Philadel Whereas it further appears that the court divided the administration of the lashes for fear the victims could not stand the peno.lty all at phia Produce Exchange, of Philadelphia, Pa., favoring legisla once; and tion by Congress for protection of the lower Mississippi River; Whereas the eighth amendment to tbe ('onstitutlon o! the United States to the Committee on Rivers and Harbors. of America provides that "cruel and unusual punishments shall not be intlicted " ; and By Mr. LAFFERTY : Memorial of the Columbia & Snake Whereas 1t is manifest from the fact that the court dlTided the imposi River Waterways Association, favoring canalization of Colum tion ot the number of la6 hes for fear of causing the death or the vie· bia River; to the Committee on RiYers and Harbors. tlms that such punishment is cruel; and Whereas such mdhod of punishment is a relic or medieval barbarism Also. petition of the Pendleton Commercial Association, favor and is not generally practiced in civilized countries and is therefore ing legislation for flood protection of the lower Mississippi unusual : Therefore be 1t Riyer; to the Committee on Rivers and Harbors. · Resolved; That the Prestdent ot the United States and the Attorney General or the United States are hereby authorized and dlrected to cause to be brought In the Federal courts an injunction proceeding against the State or Delaware, or the officials and employee of such HOUSE OF REPRESENTATIVES. State who may be responsible for the condition or atralrs abov et 1'.ortb, or that the President and Attorney General take such other action FRIDAY, as in their jud~ment may be proper to enforce the provisions or the Fed November 14, 1919. eral ·constitution and prevent the infliction or this crael nnd unusual punishment upon these prisoners on Saturday next, November 15, and The Ilou e met at 12 o'clock noon. to prevent the practice of such cruelties hereafter in said State of Dela Tlie Chaplain, Rev. Henry N. Couden, D. D., offered the fol ware or elsewhere in the United States of America. t>w\ng prayer : The House adjourned without action on that resolution. The We would approach Thee, .Almighty God, our Heavenly resolution is so manifestly improper that ft is quite cettain the Father. in the spirit of the l\faster, that our spiritual vision House will not adopt it and will probably never conEiider it. may be enlarged, that our faith may grow stronger, that our If the United States courts had jurisdiction in the cnses hopes may burn brighter, that our thoughts and deeds may mentioned in the resolution and injunction proceeuings were spring from pure and holy motives, that the perfection of our needed. it would not be necessary for Congress to direct the character may more and more obtain until we all come unto President or the Attorney General to perform thei.r duties in the measure of the stature of the fullness of Christ. Amen. the matter. Nothing more than sending sufficient information The Journal of the proceedings of yesterday was read. to the Attorney General would be required. But the United Ur. MANN. Mr. Speaker, I thought that the Clerk read that States courts do not have jurisdiction in these case9' as I will "Mr. MANN presented a privile~ed report." show later. The SPEAKER. It should have been a resolution, and the I desire first to comment upon the statements made in the pre correction will be made. amble of this resolution. The Journal as corrected w ns approved. The statement in the first three claus s are partially correct. The SPEAKER. By a special order of the House made yes I deny all the other statements contained In the preamble. The terday the gentleman from Delaware [Mr. BROCKSON] has one statement thut "the court dinded the imposition of the num hour in which to address the _Hou e on the subject of cruel and ber of lashes for fear of causing the tle::i th of the victims" is unusual punishment in the State of Delaware. He is recog absolutely false, and has been made without facts to support nized for an hour. He does not seem to be here. the statement. MESSAGE FROM THE SENATE. No· man·s life is ever endangered by the infliction of cor A. message from the Senate, by Mr. Carr, one of its clerks, poral punishment in Delaware. In the cases of James Bayard announced that the Senate had passed bill of the following title, and William Reason the court divided the sentences as to the in which the concurrence of the House of Representatives was lashes to make tl punishment lighter because the defendants requested: are young. s. 33D7. An act to amend section 2324 of the Revised Statutes These two men were conyicted jointly for bre::i king and of the United States relating to mining claims. entering the dwelling house of l\fr. Reybold in the night time with the intent to commit a felony, and foi: breaking and liINING CLAIMS ON SEW ABD PENINSULA., ALA.SKA. edtering an~ther building, not a dwelling. during the snme Mr. JOHNSON of Washington. Mr. Speaker, I desire to night. Bayard was also convicted of committing an assault make this statement at this time: The Senate yesterday passed during the same night. the bill ( S. 3397) for the relief of miners in the Seward Penin While those two felons were in l\fr. Reybold's bouse that sula, in Alaska, and the bill will soon reach the Speaker's night Bayard went to the bed in which Mis fleybold wns asleep table. The emergency is urgent in the extreme. The bill and had his hand upon her stomach when she was awakened by provides for relieving the miners in that peninsula of their him. She ran from the room frightened almo t intQ hysteri~s asses ment work for this year. which has to be done before a.nd aroused her brother, who rushed to her .. re8cue. . December 31. l\Iany of the miners in the Seward Peninsula Bayard struck Mr. Reybold with a brick. cutting a gash O\er have nothing with which to do the work. In that country the his forehead, and escaped from the house. •
1913.: " CONGRESSIONAL RECORD-HOUSE. 592l
For al! these offenses· Bavard was. sentenced to 13 years'" im has had his day in a Delaware com· before 12 Delaware citi· prisonment and 40 lashes. ~Reason was given 11 yellrs: and 40 ze.ns and the court o:f DeiawaTe has pronounced sentence· upon lashes. him, I assure you gentlemen that justice, and n()thlng mo1·e I say, individually and for the State of" Delawa.re~ that I no~ less, has been meted out to that man. have no apologies to make to the gentleman from Montana [Mr. Now. I say that these two men when tried, it they had been EVANS} and to no other mru:i from any other State in th-e Union recommended for mercy by the jury, might have had the lashes for the inflictien of that penalty upon a man who will go in remitted; but they were not recommended for mercy,. and I the nighttime into a house to eommit feI-ony and go up to a vrould have been ashamed of any jury that would have recom young womnn lying in bed and take h-Old of' her, undoubtedly mend.ed such felons for mercy. I do not ha..-e to blush for shame for the purpose of committing a rape, lilld then assault and beat for anything ot that kind, because a Delaware jury never does the b-rotber who undertakes to· defend his sister in the< night recommend such. felons as those for· mercy. time in her own bedroom. When you say to me that corporal I want to read to you our law about proha tion and see punishment is cruel to a brute like that. I deny it, and say that whether a man d-oes ne>t have a fair chanee. The law is as the judgment of. th-e maa who all'eges· it is warped. follows:- I know that there is an .hone t difference of opinion about In any case in which a person is convfeted before the court of genei-al corporal punishment. and I concede to- those who h<>nestly be sessions in. this State of any offense not capital and no previou convic lieve corporal punishment should be abolished the right to. tion: is proven against him if it appe:urs to the court that, regard being had to the character and antecedents of the- ol!e:nder, to th~ naturn ot hold to that opinion. But I do contend that they should· hold the offense. and to any extenuating circumstances under which the to that opinion in their own States; or, if they want to publish offense was committed, it is expedient that the offender be released on it abroad in the newspapers, and go around and make speeches. probation of good conduct, the court may direct that be be released on Ws entering into a: recognizance, with or without surety, and, daring when they have nothing erse to do, and advocate such a doc. such period as the court may direct, to appear and recehe sentence trfne as that, I have no- objection. But when they come to when called upon, and in the· meantime to keep the peace and be of good another State and say, for example, that the. State of Delaw3:re behavior; and the co.urt may, if it twnks proper, direct that the offendel' shall pay the costs of the prosecution o~ sucf:J portion of the same as shall treat a crimina l such> as this one as though he were a may· be directed by the court_ At any time within the period mentioned hero, I protest. [Applause..} in the recognizance, but not afterwards, the eourt may, upon befng satis Let us look at the ridicuiousness of it., to carry out the idea fied by information on oath that the o·ffender has failed to ob erve an7 of the condttiens 0cf his reeognizance, issue process for his apprehension~ of those "Qalace-prison" people that some folks waste their and thereup.on,. without any further proceedlngs.,. impose sentence upon time in talking about. Would you ta ke that man up before the him. court and say to him, "Now, Bayard you knew that house did The court aiso, in such eases as it shall deem proper. where a de fendant has pleadecl guilty in any cu:se before it of any offense not ca11- not belong to you. You knew very well that when you went ital ~ in view of the antecedents and character of the of'render, of the into that house you committed trespass, and you made a greater. nature of the ol'tense, and of' any extenuating circumstances, may allow mistake when you went up into the room where that young girl such person t°' withdraw such plea of guilty and may re'lease such p~ son on probation o1 good conduct upon his entering i:nto a recognizance lay. She had a right to be thel'e· undisturbed.. That was an with or without surety, and during such period as tbe court may direc'.f awful mista ke. Ba ya.rd. You put your hand on her, and that was to appear and stand trial when called upon, and in the meantime to another great mistake. You were trespussing on her rights; you keep the peace a:nd be. of good behavior. At any time within sue.II. period, but nor afterwards:, the court may, upon being satisfied by in ought not to. do that; you ought to be good. Stay in your own formation on oath that such person has failed to observe any of the con home. Now, we are going to be lenient with you; you are a dttions of his recognizance, issU'e process for bis apprehension and young man. l\Iind, you only did that undoubtedly with the in thereupon order him to. st81ld trial for such former olfense. (See 2fJ. tent to rape her. What else did you go and put your hand on Del. Laws, 721.) ber stomach for? No't · to get money. The girl was undressed. We do furve the whipping post in Delaware for several lying in bed. No; we have !Jity on you·; we· are going bt turn offenses, offenses- which are of high grade and' of such brutn.l you out afte-r we put you in jail a couple at years, and we want cha:racter as to indicate the depravity of the felen. We have you to be a better man.'' whipping fol" wife beating, fo.r assault with intent to commit rape, Th~ absurdity and ridiculousness of talking in that way to a for breaking and entering the dwelling house of another in the bmte- that has lost his manhood! We deal with such felons in nighttime with intent fo commit a felony, for robbery, and for Delaware RS' we have b€ell. taught through all ages. We make larceny. We have those penalties provided for in our law, and. tlie punishment fit the crime. Having done so, we are willing as I h:1ve said before; we have no apology for their being there. to compare the records of our crhninaI courts wfth any other We know they have served a useful purvose in the past, and we Stnte in the Union. believe that they wfll serve a useful purpose in the future. I will make a guess right here. I do not know the six men Corporal punishment has been a means of correction through mentioned in the resolution. I simply have the general infor out all ages of recorded history. We have authority for its be m ation concerning them obtained f'rom home and the news ginning as far back as the Bible· itself. .A.TI through the Bible papt a part of the sentence,. and :is reeonimended for mercy by the by way of at0cn.emen.t oi: e:rpl:a::tion for the crime C'Oillmitted: ;· to.11 that jury. may have. the lashes. omitted. · · nwst be ldt to the. just ae:term.i-1u1tltm o§ the Supreme- Being; but as a precautio11 against future offenses o.t the same kind. This Is effected '.l'b2se two- feli>ns had their day in court; they had thefr in . three ways-either by tbe amendment of the ofl'ender -himself, tor · crumce before a jury. I want to say to you "tliat whe1Ca man which purpose all corporal punishment, fines, and temporary exile and •
5922 OONGRESSION AL RECORD-HOUSE. NOVEMBER 14,
imprisonmmt are inflicted; or by deterring others by the dread of his who now administers the lashes in my county is a most humane- man e-xample from ~tr~n din g in the like way • • ··, or, lastly, by depriv and. _under no circumstances would he or could he inflict the kind ol in$ the party lllJaring of the power to do further mischief.; .which is purushment as represented by these false and wicked reports. etrected by either putting him to death or condemning him to perpetual confinement, slavery, or exile. (See 4 Bl. Com., 11.) Now, mark you, my colleagues :_At the conclusion- of ills ad- In rn10, while considering a sentence imposed under the Philippine dress Mr. Pinkerton, of Chicago, said: · · law, Mr. Justice White, who ls now Chief Justice of the Supreme Court ~ have listened with a great deal of interest to the pa-per read by - of the United States. said : Chief. Black. I have always been an advocate of the wbiopm.-. post for " Of course, in every case where punishment is inflicted for the com 0 mission of crime, if the sutl'ering of the punishment by the wrongdoer certam offenses. I think to-day that to the wife beater -and tbe night be alone regarded, the sense of compassion aroused would mislead and prowler-men who enter houses where there is a sleeping family for render the performance of judicial duty impossible. And it is to be burgl~y or theft-the whipping post should be applied. After an conceded that this natural conflict between the sen e of commiseration exper!ence of 40 years . among this class of people I want to say that and the commands of duty Is augmented when the nature of the crime I don t know of. a bu.rg1ar who would not kill. There were four crooks defined by the Philippine law and the punishment which that law pre that I knew-Jim Brady, Joe Killoran, Jimmie Good, and James Hope scribes is only abstractly considered, since the impression is at once well-dude burglars they. used to <'all them, whose game was to bold produced that the legislative authority has been severely exerted. I say up the family of the cashier of a bank and make him give up the com only abstract•y considered, because the first impression produced by the b!nation of the safe. They were caught at that game, tried and con merely abstract view of the subject is met by the admonition that the victed in Delaware, and sentenced to 40 lashes each on the bare back duty of defining and punishing crime bas neve1· in any civilized country These people were well known in New York. and when the people in New ~ork bea;,d of the entence they said, "My God, they are not going been exerted upon mere abstract considerations of the inherent nature to whip them. But they did ; they whipped them just llke they were of the crime punished, but bas always involved the most practical con a lot of slaves. From that day to this there has been less burglary in sideration of the tendency at a particular time to commit certain crimes, the. State of Delaware than in any other State you can name in the of the difficulty of 1·epresslng the same, and of how far it is necessary Umted States. to impo e stern remedies to prevent the commission of such crimes." (See Weems 11. United States, 217 U. S., 349.) And I want to say to you that within my memory there has I want to say to you that punishment in Delaware is not not been a bank burglary or serious holdup in the State of inflicted by way of revenge. We hold revenge against no man. Delaware. After the speech of Mr. Pinkerton Chief McKenna Revenge belongs to but One, and that is the Supreme Being of Waltham, then said : · ' · ' above. · [Applause.] We do not attempt to arrogate to our I happened to be in Delaware at the time mentioned by Mr Pinker ton, and I remember the remark made at the time by Brady: Brady selves the right of revenge. Like other men, when we see the made tWs remark after he got through being whipped, that he "hoped criminal in the dock before the judges and the jury we pity to God that Delaware justice is satisfied now." him. Our hearts can not help but beat with sympathy for Well, ~e was satisfied with it; he never returned to Delaware him. So they did for these brutes that have brought up this to commit another crime. discussion; but, my friends. we do not let our pity take away President Roosevelt, in 1904, in a message to Congress suoo our judgment. After a fair, full, and free trial, if a man is convicted by 12 men of the county, the sentence is meted out gested ~e enactment of a law to provide corporal punishme~t to him such as the law directs; so that if. perchance, it be for certam otfenders. He said in that message: possible. to reform him, protect society, and deter others from The~e are certain offenders whose criminality takes the shape of bru~ahty and cruelty toward the weak who need a special type of like offenses. • pun1~~ment. The ~ife .beater, for example, is Inadequately punished by Permit me to say that I know that the whipping post of impr 1 onment, for impnsonment may often mean nothing to him while it may cause hunger and want to the -wUe and children who ba~e been Delaware is a terror to offenders of the law. I have prac the victims of his brutality. Probably some form of corporal punish ticed law in the courts of Delaware for more than 16 years, ment would be the most adequa.te way of meeting this kind of crime. and have had a considerable practice in the court of gen I have not had an opportunity to collect recent statistics as eral sessions and the court of oyer and terminer. My ex to the commission of crimes in the several States. I have not perience bas been, as has been the experience of other lawyers, had an opportunity to collect more recent comments, but they that after counlileling with the defendant, if his case be des perate and the facts presented such that I had to advise him are numerous. I have read them, and so have you. There that he would be convicted, the very next request on the part bave b~en ~u~erous ~tatementir, substantiated by proof., as to of the defendant would be to have the lashes omitted, if pos how crime is mcreasmg in States where the punishment has sible. They would be willing to agree to i;>ractically any num beco~e la~. W~ile a majority of people seem to have gone too ber of months, as much as a year or more, for the sake of f~r m t?eir laxity, yet the subject is now being seriously con hanng 10 or 20 lashes omHted; but in one case as in another sidered m the minds of the people of the country and the minds no such agreement was made, but each criminal was adjudged of gentlemen sitting here in this House. Many believe we have and the sentence imposed according to the law. I merely speak gone too far with laxity and that corporal punishment for these of it to show you that the criminals know of tbe law. In many brutal offenders should be restored. cases the lashes are omitted. If it is the first offense, and some W-illiam Tallack in his Penological and Preventive Principles man can give the criminal a good reputation, in most offenses speaking of the effect of cruel laxity, said: ' ~s to other crime, in general, the experience of America has been less than capital the lashes are omitted, or if the prisoner be similarly unfavorable. American crime has increased during the last youthful and it be his first offense they are omitted. There are half of the !1ineteenth cent~1·y !ar beyond the proportion of increase of a number of other extenuating circumstances specified in the the population. And this is not at all to be wondered at. For our purpose w~ take the case of an bone t workman sa:v in New York or law. Let me go further right here. The State of Delaware has San Francisco, toiling from morning till night just able to get a living never permitted any man to be lashed at the post when there with but few comforts and little amusement for himself and bis family' was danger of bodily injury or death. He may have for a neighbor on one side a lazy, thievi h loafer who never works. and on the other side a violent bully, guilty of cruel as If a man comes not within any of these provisions of the saults on m_an and beast and of indecent outra1res on women and chil Jaw, be an old offender, and his health be poor, the board of dren. Yet ts it not a fact that if either the loafer or the bully is sent pardons and the governor have always come to his relief and to an American pr~son, the chances are a.t present that he will there find comforts of dietary, recreation, music newspapers novels gym saw to it that he was not whipped if his health .would not per nastics, and professional teaching even in the higher braiiches of' educa· mit it. And the whippings that are administered are adminis tion which the honest worker can never hope to obtain? And not only tered in an orderly, reasonable manner, so as not to inflict any so, but the bully and the thief, if obli1?ed to work ln prison. will p1·ob ably be put to labor of a lighter character and shorter daily continuance personal violence or injury. than the other, and, perhaps, also, be trained to some fancy trade or Now, I want to go further along the line to prove that the profitable art. which be too, would most gladly learn. ls such a system calculated to discourage the violent and the vicious whipping post of Delaware is a deterrent to criminals. or. rather, to ath·act toward crime and pauperism the still honest George Black. chief of police of Wilmington, Del., made an toilers on the border land of temptation? On both sides of the Atlantic this course has found plausible advo address before the International Association of Police at Toronto, cates. But their voices appear to have met with much more attention Canada, in July, 1912. in which he said: hitherto in America than in Europe. 1t is the opinion of myself-and I am sure I do not misrepresent the The American people seem to be at last becoming conscious of tbe dis facts when I say that this opinion is shared by a large portion of our astrous results of their penal system, for in 18!l5 there was a chorus of best thinking people-that the whipping post as now established under complaint 4:r<;>m influential journals throughout the country, most of the laws of the State of Delaware has done and is doing much toward them demandmg the introduction of corporal P.unisbment in place of the keeping a certain criminal class out of our midst. It bas been many ~~~s~n :a~h°er~n~f:d ~sf~te~~ the "model" or 'collegiate and hotel pris· years since our cl ty bas been visited by any of th~ class known as " the 0 expert criminal class," and I believe that it is the fear of the whip· Thus the New York Tribune (1895) sajd: ping post that keeps them away. . Many misleading statements have been sent out broadcast throughout A bill was recently offered in the legislature to punish with whlppinn our country in regard to the severity of the punishment at the whip· men who inflicted brutal physical ill-usage on others. It was generally ping post, and I have no doubt these reports have caused a great miS· commended. as the best means of dealing with this class of people. A undPrstanding in i·egard to the law in relation to the whipping post little humiliation and phvsical pain has been shown to be more effective as administered in our State. Only a few months ago the report was in dealing with the cowards who do not hesitate to inflict pain than any spread far and near that great cruelty bad been perpetrated by one other method vf punishment yet devised . . of our wardens in carrying the law into effect. · This report was absolutely false in every particular and was a piece The Detroit Free Press (1895) remarked: of sensati,onal yellow journalism pure and simple. In no instance since Under existing laws a brute in human form, who bas no senti I have occupied my position aB chief of police have I known of any brutal mentalism about the barbarities of the past, can maim a woman or child whipping that has ever taken place in our State. Tbe present warden and get off with a few months or years in prison, where he will be well .
1913. - fed and cared for. He can use the lash or the bludgep~. but the State .l\Ir. MOON. Not in recent years. must not retaliate upott him, even for the sake of detet'l'mg others from imitating him. It has long been thought by the practical that this is Mr. BROCKSON. They have not whlpped them for many sentimentalism run mad. years. The Atlanta Constitution (1895) observed: l\fr. MOON. But this is the point I want to make. that the The fetish of "humanity" must be bowed to and the ,greater In pillory and the stocks and branding and cropping, which were humanity bl" perpetrated, of taking away five. years of a mans_ life, than cruel forms of punishment, ha>e been abandoned in Delaware. giving him a good strapping and letting. him go with the rnjunction 'I;hen how can you justify a punishment by whipping. which to that the application will be redoubled on his next appearance. the mind of almost ernry ordinary citizen appears equal!y as The Washington Post (1895) wrote: cruel and inhuman as the stocks, the pillory, or branding? Tb~ creature who cruelly maltreats his wife or other fem8:le depe~d Mr. BROCKSON. I will ask the gentleman a question in ents is in nine cases out of ten a worthless vagabond, an habitual crim reply. inal and outlaw. for whom the prison or the workhouse has no terrors whatsoever. He will serve his term under circumstances of greater Mr. MOON. Oh, do not play the Yankee with me, but answer physical comfort than be is accustomed to at home, and then return to my question. freedom to resume his hideous brutality without fear of, if not actual relish for, the consequences. Meanwhile the fot·lorn creatures who are l\fr. BROCKSON. I yielded to the gentleman for a question. subject to his evi1 moods have absolutely no protection. They lead Take a man that has a boy 16 years old, weighing 140 pounds, lives that the dumb brutes would shrink from. . ::ind the father asks the boy to go to the barn and gear a horse Other contemporary journals expressed them elves s!nula!ly. It may and carriage and bring them to the house. That boy says to the be hoped that while discriminative mercy may be increasmgly shown to the pitiable and unfortunate class of American ofl'end~rs a mo.re father, " I am going to town; you can go to hell and get your el'l'ective humanity may also be extended to the. oppressed v10lated vic own horse." Would it be cruel for the father to take that boy tims of cruelty through the community by givmg to the ruffians who out and lash him a little? outrage them a penal treat!Dent which , shall have the truly beneficent efl'ect of reforrnin{} them by intimidation and real restraint. Mr. MOON. Not if he corrects him in a parental way. .Mr. BROCKSON. Then, why would it be cruel for the State No one doubts but that the hope of reward and the fear of to administer the same kind of punishment? punishment are the two levers that move mankind to action. Mr. MOON. That is not the question. The reformation of a Now I desire to direct my attention to the legal phase of this man or a citizen-- questi~n. which has been settled so long that I am surprised Mr. BROCKSON. Seventy-fi>e per cent of the crimes com that any man would raise it to-day in this House or elsewhere, mitted in the State of Delaware are by criminals who come namely, as t6 whether or not the eighth amendment to the from other States-- Constitution of the United States is a limitation upon the Mr. l\IOON. When a father corrects a boy, it is done for the powers of a State. benefit of the child; it is done in love and affection for the Mr. l\IOON. Mr. Speaker, will the gentleman yield? child; it is not done cruelly; if so, he violates the law; it is _ The SPEAKER. Does the gentleman from Dela ware yield to not done as a means of punishment of the character that is the gentleman from Tennessee? inflicted upon the prisoner by the State of Delaware. A .Mr. MOON. I just want to make an inquiry. Will the gen punishment is something that is inflicted in enlightened States, tleman yield? in all the other States of the Union-- 1\Ir. BROCKSON. I do. 1\fr. BROCKSON. Does the gentleman from Tennessee mean l\Ir. MOON. Do you still have the pillory, the stocks, and to say that the State of Delaware is not enl"ghtened? croppin~ and branding ·as punishments in the State of Dela Mr. MOON. I say that the punishment is for the reforma ware? tion of the criminal. It is a: method of reformation ; the l\fr. :J3ROCKSON. We do not; and never have had any of prisoner is supposed to be taught better; he is to be put under them in the time of my memory, except the pillory. circumstances and conditions to enable him to become a better Mr. MOON_ But you did ha>e them, as a matter of fact. citizen when released from the prison, because he is not sup . Mr. BROCKSON. Not within my memory. posed to be punished except by deprivation of liberty and under l\Ir. MOON. Not in your memory; but all those States had conditions that are supposed to reform him. those methods of punishment, but now they have abolished them. l\Ir. BRO.CKSON. Mr. Speaker, I yielded for a question. Can you tell me why? Mr. MOON. When he comes out he is supposed to be re Mr. BROCKSON. Because they are cruel. formed. l\fr. MOON. Are they any less cruel than the flogging of a The SPEAKER. The time of the gentleman from Delaware man with 40 licks until the blood comes to the back? has expired. Mr. BROCK SON. No, sir; and we do not flog any man with Mr. 1\~TN. I ask unanimous consent that the gentleman 40 lashes until the blood comes to his back; and I defy any from Delaware have 30 minutes more. man to name a man who ever had the blood cut out of him in Mr. MOON. I ask unanimous consent that the gentleman's Delaware. time be extended, as I have taken up some of it. Mr. MOON. That may be h·ue; but you can by law do so. The SPEAKER. The gentleman from Illinois and the gentle I will remind the gentleman of a thing I once saw in reference man from Tennessee both ask unanimous consent that the time to his State. I do not know whether it is true or not; but of the gentleman from Delaware be extended 30 minutes. Is not many years ago a cartoon was published in all the papers there objection? showing where a young, delicate woman was by law flogged There was no objection. by a negro constable in the gentleman's city of Wilmington, The SPEAKER. Now, does the gentleman from Delaware · Delaware. yield to the gentleman from Tennessee? Mr. BROCKSON. That never occurred. We never had a Mr. BROCKSON. For a question. negro constable in the State of Delaware in the history of the Mr. MOON. I had only a word more to say, and I am sorry State. I have taken up so much of the gentleman's time. The higher l\fr. l\IOON. Oh, yes you did. and better sentiment of people upon the question of punish Mr. BROCKSON. Not in my time. ment is not to inflict a punishment upon the unfortunate pris Mr. l\IOON. Oh, yes. Perhaps not in the gentleman's time, oner for what he 'bas done, but to bring about conditions in but in fact. hls life that will enable him to reform and become a better · Mr. BROCKSON. What is the first part of the gentleman's member of society. If the offense is so great that this reforma question? tion can not be produced. then the death penalty is fixed or Mr. MOON. This is the point I wanted to make to the gen life imprisonment is fixed. Corporal punishment has never tleman, that-- been thought in recent years-and there is no reflection upon the Mr. BROCKSON. I want to make this clear, too. We do not gentleman-- whip women in Delaware. The law especiaIIy exempts them. 1\lr. BROCKSON. I did not yield for a speech. I hope the Mr. MOON. What led you to exempt them? Was not that gentleman will conclude his question. in obedience to the promptings of an outraged public con Mr. MOON. If the gentleman declines tO' answer-- science tliat you quit whipping women? • Mr. BROCKSON. I do not decline if the gentleman will put Mr. BROCKSON. I do not know that we ever whipped his question. women. .Mr. l\IOON. I am stating the reasons leading up to my Mr. MOON. Then the gentleman does not know about the question, then I am going to put the question. State of Delaware very well. I ·just , w3:11ted to make this The SPEAKER Does the gentleman from Delaware decline point to the gentleman-- to yield? · · Mr. BROCKSON. Let me answer the gentleman's question. Mr. BROCKSO:N. No; not for a question. It might have been at a time when men did not consider women Mr. l\lOON. If that is the theory in all the other Stntes. as women; but considered them as sen-ants and ·sJ:wes_ · Bat if that is the policy being pursued by all other States for since women huve been adrnnced to womanhood in the State of that purpose, does not the gentleman think that Delaware is· Delaware they ha-rn not whi11ped· them. a little behind the times when she does not follow i11 · th same trend, but resorts to the inhuman and brutai system 9t In the general acceptation of law, as laid down by all of the beating and destroying the body of a human being because of a courts, punishments are cruel when they involve torture and lin violntion of law'? gering death, not a mere matter of a little pain. If you are going !Ir. IlROCKSON. I will an wer the last part of the gen· to call cruel punishment such punishment as produce pain, then tleman' que tion first. We do not destroy the human body. how do you justify your hanging in the State of Montana and in We do not injure the human body. We are not behind the other States in the Union'? The gentleman who introduced the times; we are standing for the right and the best good of resolution comes from the State of Montana, where for murder humanity, and have not been led off by sentimentalism about they hang a man by the neck untiJ be is dead. A a mntter ~f palace prisons in thi country. [Applause.] law that is not cruel punishment, but as a matter of fact can l\Ir. MOON. May I ask the gentleman if there is any other any man explain to me wherein there is less cruelty in hanging State in the Union that maintains his position? a man by his neck until be is dead than there is in giving a man Mr. BROCKSON. I do not know how many and I do not a few gentle lashes laid upon the bare back? [Laughter.~ If care, so Jong as we are right. I am wil1ing to stand by the you can, I will yield the argument, and if you can not, then I right. I have not bad time to investigate that question. contend that the conclusion is on my side. Therefore, I say, in Ir. 1\lOON. I will advise the gentleman that there is not, the law punishments are cruel when they involrn torture and in my opinion. lingering death. Mr. BROCKSON. I will advise you that the State of Mru·y Unusual punishment in the law is the punishme11c so long land does, and ~ will girn the reference and you can read it disused, because of its cruelty, until it bas become tmu unl. from the book. Whipping has continued for thousands of years, nnd continues Mr. MOON. I will take the gentleman's word for it if he says in England and other counh·ies to-day, and in Delaware and in so. It is so close to Delaware that I am not surprised. one or more other States of the Union. Mr. BROCK ON. They are benefited by good as ociation It was in existence at the time this provision of the Constitu because of Delaware. I want to paint you a picture which tht> tion was adopted, has been e>er since; therefore it hns not gentleman from 'l'ennessee [Mr. MooN] would have us witness. been disused for any time, and therefore of necessity is not Go down in the District of Columbia and find out one of those unnr:ual. 500 ca es of wife beating which were talked of here a few years The eiahth amendment to the Constitution of the United ago. Go into an alley and find there a woman burdened down States provides: with three children and a worthless brute of a husband. That Excessive bail shall not be required, nor excessive tines imposed, nor woman is going out working eight or nine hours a day and come::> cruel and unusual punishments intllcted. back home at night tired and weary. There are those children This amendment does not apply to the States of the Union, to feed and clothe. he tries to feed a.nd clothe tllem, and that but applies only to the United States Go>ernment. brute of a bu band mnkes her give him a part of the money In the case of Pervear v. The Commonwealth of Massachu which she earns. She comes home one night and does not give setts (5 Wall., 475) Chief Justice Chrtse snid: that brute as much money as he would like to have. This is the The third proposition of the plea is that tines and penalties imposed fall of the year. That man proceeds to pick up a chair and beat and inflicted by the State Jaw for offenses charged in the indictment and smash the bead of that woman, already tottering with are excessive, cruel. and unusual. Of this propo itlon it I enongh to say that the article of the Constitution relied upon in support of it her attempt to keep the family together. Then, following out does not apply to State but to national legislation. the gentleman's idea, he would have us arrest that man and It bas be~n repeatedly held by the Supreme Court of the put him in the dock, make a hero or a martyr out of him, send United States that the first 10 amendments to the Federal him to a palace prison for the winter, furnish him entertain Constitution operated on the National Government oniy and ment, Now, in conclu ion I want to say that the criminal laws of as 300 miles, and all along the Seward Peninsula coast the road the State of Delaware have been framed and amended from houses, where they stop at night, have been washed away. time to time for the purpose of reforming the criminal, as well They can not make the trips-many of them. The mail will not I as for the general good of the public. But I say to you, in be carried along those routes this winter in many cases. framing the penalties we haYe not made such penalties as would Mr. MANN. Am I correct-some one told me so about theso be pleasing to the criminal. No State undertakes to inflict pen claims-that they have to be worked in the wintertime, when alties that will be approved by the criminal. It has been well the ground is frozen, because they can not be worked in the sum said- mer time, owing to the amount of water in the ground? No man e'er felt the halter draw, Mr. JOHNSON of Washington. Yes; they can not get over With good opinion of the law. some of the territory except in wintertime. Now but one month Now, one more word in regard to the reformation of crim is left. That is the exact reason for the necessity of relieving inals. In the beginning of my speech I showed where the these people now. youthful offender and offenders for the first time have every Mr. KAHN. . l\Ir. Speaker, will the gentleman yield? opportunity that anyone can reasonably ask; but when you The SPEAKER. Does the gentleman from Washington yield come down to the brute criminal, I say to you that he can be to the gentleman from California? better reformed in a cage than he can running loose preying Mr. JOHNSON of Washington. Yes. upon the community. Mr. KAHN. As I understand it, it is necessary for th ~ miners The State of Delaware has made its laws for the benefit of to wait until the streams freeze in order to get to their claims? the entire State, for the general good of the law-abiding citizens Mr. JOHNSON of Washington. Yes. of that State. The laws of Delaware are constitutional and Mr. KAHN. And in the summer time it is practically impos just. We will not permit other persons or States to interfere sible for them to get to their claims. I understand further with the execution of those laws. that in this disaster at Nome a considerable part vf the supplies The practice of making martyrs of criminals is a modern that were in the town were destroyed, and even if those men curse of society. I have but little patience with any man who wanted to go to their lands they could not procure supplies to permits his sympathy to run with a felon so far as to forget the take with them-supplies necessary to enable them to subsist rights of law-abiding citizens of the State. The State of Dela and therefore under the laws they would lose their claims unless ware, being satisfied with the justice of her laws, is willing to they did the work. demonstrate the principle, if need be, that it is better to stand Similar legislation was enacted some 20 years ago, when there alone for that which is right than to stand with the multitude was a great disaster in California, and the law was suspended for that which is wrong. [Applause.] for a period of 1 year at that time. MINUfG OLAIMS ON SEWABD PENINSULA, ALASKA.. l\fr. JOHNSON of Washington. Yes. This bill is a copy of the bill in that California case, except that in this case the sus Mr. JOHNSON of Washington, Mr. Speaker, I ask unani pension runs only to December 31. mous consent that Senate bill 3397 be taken from the Speaker's Mr. MacDONALD. Mr. Speaker, will the gentleman yield? taule and be now considered. The SPEAKER. Does the gentleman from Washington yield The SPEAKER. The gentleman from Washington [Mr. to the gentleman from Michigan? JorrNsoN] asks unanimous consent that Senate bill 3397 be l\fr. JOHNSON of Washington. I do. taken from the Speaker's table and considered at the present Mr. MacDONALD. Does this territory comprise what is time. The Clerk will report the bill. known as the Nome mining district? Tlle Clerk read as follows : Mr. JOHNSON of-Washington. Yes. It is the Nome district, A bill (S. 33D7) to runend section 2324 of the Revised Statutes of the comprising the Seward district, and the boundaries are fixed by United States relating to mining claims. latitude and longitude. B e it eftaoted, etc., That the provision of section 2324 of the Revised Statutes of the United States which requires that on each claim located The SPEAKER. Is there objection to the consideration of after the 10th day of l\fay, 1872, and until patent has been issued there the bill? [After a pause.] The Chair hears none. The ques for, not less than $100 worth of labor shall be performed or improve tion is on the third reading of the Senate bill. ments made during each year, be suspended for the _year 1913 as to mining claims situated on Seward Peninsula, in the District or Terri The Senate bill was ordered to be read a third time, was reacl tory of Alaska west of longitude 158 west and north of latitude 64, so the third time, and passed. · that no mining claim which has been regularly located and recorded as On motion of Mr. JOHNSON of Washington, a motic• to recon required by the local laws and mining regulations within such area so described shall be subject to forfeiture for nonperformance of the annual sider the vote whereby the bill was passed was laid on the assessment for the year 1913: Provided, That the claimant or claim table. ants of any mining location in order to secure the benefits of this act PERSONAL STATEMENT. shall cause to be recorded in the office where the location notice and certificate is fil ed on or before December 31, 19l3, a notice that he. she, l\Ir. FOWLER. Mr. Speaker, I ask unanimous consent to or they in good faith intend to hold or work said claim : And provide Gard .Jones Mott Smith, .J. M. C. Mr. FAISON with Mr. MORIN. Gardner Keating Murdock Smith, Saml. W. Garner KeJster l\1ureay, Mass. Smith, Tex. l\Ir. FRANCIS with 1\Ir. HUGHES of West Virginia. Garrett, Tenn. KPIJey. Mich. Murray, Okla. Sparkman Mr. FITZGERALD with Mr. CALDER. Garre tt, Tex. Kelly, Pa. Neeley, Kans. • tafford Mr. FERRIS with Mr. SELLS. • Gerry Kennedy, Conn. Nel ou Stedman Gillett Kennedy, R. I. Nolan, .J. I. Steenerson 1\Ir. FIELDS with Mr. LANGLEY. Gilmore Kent Norton Stephens, Cal. Mr. FosTER with Mr. GREENE of Vermont (commencing Oct. 27) . Gittins Kettner O' Brien Stephen , Mi s. Mr. FINLEY with Mr. GREEN of Iowa. Godwin, N. c: Key, Ohio Oglesby Stephens, Nebr. Goeke Kiess. Pa. O'Ha il' Stephens. '.fex. Mr. GILAIORE with Mr. McKENZIE. Goldfogle Kindel O'Lear y Stevens, l\Iinn~ . l\Ir.· GOEKE with 1\11,'. LEWIS of Pennsylvania. Good Kinkead, N. J. O'Sbaunessy Ste"'9'ens, N. I:I. Mr. GOLDFOGLE witll Mr. KREIDER. Goodwin, Ark. Kite-b in Pad15ett Stont Gordon . Knowland, J. R. Palmer Stringer 1\Ir. GOODWIN of ,Arkansas with l\Ir. roRTER. Got·mnn Korbly Parker Sumners l\fr. GARNER with Mr. J. I. NOLAN. Gonldcn Kreider Pat t en, N. Y. Switzer Mr. ·ao&noN with Mr. THOl!SON of Illinois. Graham, Bl. Lafferty Payne Talbott, Md. Graham, Pa. Lang ham Pepper Talcott, N. Y. .J\Ir. GARRETT of Tennes ee with l\Ir. LANGHAM. Gray Langley P et ers, tass. Taylor. Ala. Mr. GUDGER with l\lr. 1\lOORE. Gr en. Iowa Lee, Ga. Peters, Me. Taylor, Colo. Mr. HAYDEN with l\fr. LAFFERTY. Greene, Mass. L'Engle Peterson Taylor, N. Y. Greene, Vt. Lenroot Phelan Temple 1\Ir. HARRISON with l\Ir. GRAHAM of Pennsylvania. . Greg~ L esher Platt 'J'hacber Mr. How ARD with Mr. GRIEST . Griest Lever Porter Tlloma.s l\fr. HOLLAND with 1\lr. VOLSTEAD (commencing Oct. 3). Griffin J.. evy Po t •.rbompson, Okla. Gudger Lewi., Md. Prouty Thom, OD, rn. Mr. HAltDWICK with Mr. FoRDNEY (commencing Oct. 1). Guernsey uwis, Pa. Rag dale Townsend l\Ir. HOUSTON with Mr. WILLIS. Hamill Lieb Rainey Treadway 1\Ir. HUGHES of Georgia with Mr. AVIS. Hl\milton, Mich. Lindbergh Raker Tribble l\Ir. HUMPHREYS of Mississippi with Mr. Krnss of Pennsyl- Hamilton, N. Y. I~indqaist Ranch Underhill Hardwick Linthicum RaY.burn m'!erwood vania. Hardy Lloyd Reilly, Wis. V:ire Mr. JACOWAY with l\Ir. FBENCII. Harri on Lonergan Richardson Vaughan Mr. JOHNSON of South Carolina with Mr. RUPLEY. Hau~en 1\!c.4.ndrews Riordan Walker Hawley l\IcClellan Roberts, Nev. Wallin Mr. JONES with l\Ir. HINEBAUGH. Hayden McGillicuddy Ro~ers Walters .Mr. KITCHIN with l\Ir. PAYNE. Hayes l\IcGuire, Okla. Rothermel Watson Mr. KEY of Ohio with l\fr. FARR. Rel~escn l\IcKenzie Robey Weaver Helm l\IcLanghlin Rucker Whaley l\fr. KETTNER with Mr. SCOTT. Rel rering Madden Rupley Whitacre Mr. LEE of Georgia with l\Ir. KEISTER. HiH Ma hnn Sabatl1 White Mr. LONERGAN with l\Ir. IloaERB. Hinds Maher Saunders Williams Hinebaugh Mapes Scott WHlis Mr. MCGILLICUDDY with Mr. GUERNSEY. Hob ·on Martin Scully Wilson, Fla. Mr. MONTAGUE with :.l\fr. v ARE. Honston Merritt Seldomridge Wilson, N. Y. Howard Metz Sells Wingo Mr. l\IonR1sON with Mr. HUMPHREY of Washington. Howell MUI er Sharp Winslow Mr. fURRAY of Massachusetts with 1\Ir. PROUTY. Hoxworth Mondell Sherley Witherspoon Mr. PAL !ER with M.r. HAWLEY. Bugh~s. Ga. l\Iontague Sherwood Woodrair Ilulilies, W. Va.. l\Ioore Shreve Woods Mr. PEPPER with Mr. KENNEDY of Iowa. Hulings Mor~an, La. Sisson Young. N. Duk. Mr. PETERSON with l\Ir. PLATT (commencing Oct. 13). Humphrey, Wasb. Morgan, Okl:I. Slayden Young, Tex. 1\Ir. PHELAN with Mr. SMITH of Minnesota (Oct. 24 to No-v.15). Humphreys, .l\fiss. Morin Slemp Mr. Jacoway Morrison Sloan POST with Mr. COPLEY. .Johnson, S. C. Moss. Ind. Small 1\.fr. RAINEY with Mr. MADDEN . So the motion to adjourn was agreed to. Mr. RAKER with l\Ir. DUNN. The Clerk announced the following pairs: Mr. REILLY of Connecticut with Mr. DYER (commencing Nov. For the se sion : 5, 1913). l\Ir. SLAYDEN with 1\fr. BABTHO-LDT. Mr. RUCKER with Mr. HAUGEN. Mr. SCULLY with 1\lr. BROWNING. Mr. RICHARDSON with l\fr. MARTIN. 1\Ir. METZ with l\Ir. w ALLIN. Mr. RUBEY with 1\fr. '£READWAY. l\fr. HoBsoN with 1\Ir. FAµcHILo. Mr. SHERWOOD with l\Ir. SAMUEL w. SMITH. Mr. BARTLETT with Mr. BUTLER. Mr. SHERLEY with Mr. CooPEB (Oct. 23 to Nov. 15). l\Ir. .ADAMSON with 1\Ir. STEVENS of Minnesota. Mr. SISSON with Mr. CAMPBELL. l\fr. UNDERWOOD with Mr. MANN. Mr. SMALL with Mr. FEss. Until further notice: Mr. SPABKMAN with Mr. HOWELL. 1\Ir. AIKEN with l\Ir. BELL of C:llifornia. 1\Ir. SUMNERS with Mr. ESCH. . Mr. ALLEN with l\Ir. J. l\I. C. SMITH (commencing Oct.1) . Mr. SAUNDERS with Mr. AINEY. Mr. ASHBROOK with Mr. DILLON. Mr. SMITH of Texas with Mr. l\IcLA.uGHLIN. l\Jr. BARKLEY with l\Ir. FALCONER (commencing Oct. 24). Mr. STEPHENS of Texas with Mr. BURKE of South Dakota. Mr. BARNHART with l\Ir. l\IAPES. Mr. S~EPHENS of Nebraska with Mr. SLOAN. Mr. BELL of Georgia with l\Ir. DANFORTH. Mr. TALBOTT of Maryland with Mr. MERRITT. 1\Ir. BLACKMON with l\lr. BABCHFELD. l\fr. TAYLOR of Alabama with Mr. PETERS of Maine. l\Ir. BUR.NETT with l\Ir. HA YES. .Mr. THOMPSON of Oklahoma with l\lr. BARTON. l\Ir. BROUSSARD with Mr. KELLEY of l\Iichiga.n. Mr. TOWNSEND with Mr. TEMPLE: l\Ir. BuBKE of Wisconsin with l\Ir. CARY. Mr. UNDERHILL with Mr. w ALTERS. 1\fr. BRUMBAUGH with Mr. LINDQUIST (until Nov. 25). Mr. w ATSON with Mr. CRAMTON. 1\Ir. BYRNES of South Garolina with Mr. NELSON. .l\fr. WILLIAMS with Mr. BRITTEN. l\Ir. CANDLER of Mi sissippi with Mr. J . R. KNOWLAND. l\fr. YOUNG of Texas with 1\fr. ROBERTS of NeYada. l\Ir. CLAY'tON with l\Ir. MONDELL. .Mr. WILSON of Florida with Mr. Goon (commencing Oct. 1). l\Ir. CLAYPOOL with 1\Ir. BRYAN. l\Ir. WINGO with l\Ir. PARKER. l\Ir. CLARK of Florida with Mr. WOODRUFF. l\Ir. WEAVER with Mr. BURKE of Pennsylvania. Mr. CANTE.ILL with l\fr. HELGESEN. Mr. BOOHER with l\fr. SLEMP (for the rest of special session, l\Ir. CARAWAY with .Mr. KENNEDY of Rh-Ode Island. except when two-thirds vote required; on pnrty questions, rec 1\Ir. CHURCH with l\Jr. HULINGS. ord to show one party for and one against measure) . Mr. CRISP with 1\lr. Hrnns (tmnsfernble). Mr. DICKINSON with l\1r. KINKAID of Nebraska (after vote on l\fr. CLANCY with l\Ir. HAMILTON of New York. currency, except at option of either). .Mr. COVINGTON with Mr. l\IILLE&. 1\lr. REED with Mr. WINSLOW (commencing Oct. 1, for remain Mr. CARTER with Mr. 1\lcGumE of Oklahoma. de-r of extra session). l\Ir. CLINE with i\Ir. NORTON (commencing Oct. 1) . . l\Ir. WITHERSPOON with l\Ir. STEPHENS of California (com Mr. CONNELLY of Kansas with Mr. HAMILTON of Michigan, mencing Oct. 3, except on cotton-futures amendment). l\fr. Cox with 1\Ir. l\IunnocK. Mr. THACHER with Mr. GREENE of Massachusetts ( commenc Mr. CURLEY with Mr. .SHREVE. tng Oct. 16. and for balance of session) . l\Ir. DEITRICK with Mr. YOUNG of North Dakota.. Mr. MANN. Mr. Speaker, I voted "no." I am paired with l\Ir. DIES with l\Ir. SWITZER. the gentleman from Alabama~ Mr. UNDERWOOD, and I desire to l\fr. DOUGHTON with l\Ir. l\IOTT. withdraw my vote and be recorded "present!' Mr. DUPRE with Mr. ANTHONY. The name of Mr. MANN was called, and he answered " Pres .Mr. ELDER wtth Mr. STEE!'fERSON. ent." 5928 CONGRESSIONAL RECORD-SENATE. NOVEMBER 17' Mr. FRENCH. !Ir. Speaker, I voted "no." I am paired SENATE. with the gentleman from Arkansas. Mr. JACOWAY, and I desire to withdraw my vote and be recorded "present." MONDAY November 17, 1913. The name of Mr. FRENCII was called, and he answered" Pres Prayer by the Chaplain, Rev. Forrest J. Prettyman, D. D. ent." Mr. SMITH of Minnesota. Mr. Speaker, I voted "no." I NAMING A. PRF.STDING OFFICER. am paired with the gentleman from ~Iassacbusetts, l\fr. PHELAN, The Assistant Secretary (Henry U. Rose) read the following and I desire to withdraw my vote and answer "present." communication: The name of l\fr. SMITH of Minnesota was called, and he an- NOVE~BER. 17, 1913. swered "Present." · To the Senate: Being temporarily absent from the Senate. I appoint Hon. JoHY The result of the vote was announced as above i·ecorded. RAXDOLPH THORNTON, a Senator from the State of Louisiana, to per- Accordingly (at 2 o'clock and 2 minutes p. m.), in accordance form the ci.~ties of the Chair during my absence. · with the order heretofore madE:, the House adjourned until JAMES P. CLARKE, .Monday, No\ember 17, 1913, at 12 o'clock noon. President pro tempore• Mr. THORNTON thereupon took the chair as Presiding Officer and directed that the Secretary read the Journal of the pro PUBLIC BILLS, RESOLUTIONS, .AND MEMORIALS. ceedings of the last legislatirn day. Under clause 3 of Rule XXII, bills, resolutions, and memorials THE JOURN AL. were introduced and severally referred as follows: The Journal of the proceedings of Thursday last was rend and By Mr. JOHNSON of Washington: A bill (H. R. 9291) for approved. the r1>lief of purchasers of and applicant