Congressional Record-House. January 16

1214 CONGRESSIONAL RECORD-HOUSE. JANUARY 16,

Now, as to the Senator's suggestion that I stop here until to J. Wesley Van Tassell to .be postmaster at Hopewell Junction, morrow morning, I think it is a good suggestion, and I believe in the county of Dutchess and State o~ New York. I shall act upon it. I see it is late. SOUTH CAROLINA. 1\Ir. SPOONER. That will give the Senator an opportunity to Guss E. Smith to be postmaster at Mullins, in the county of speak more connectedly. Marion and State of South Carolina. Mr. ALDRICH. Notice has been given by the Senator from Tennessee [Mr. CARMACK] that to-morrow, as I remember .it, WASHINGTON. the eulogies upon the late Senator Bate will be delivered.. I T. N. Henry to be postmaster at Prosser, in the county of imagine that the morning hour could be used for the purposes Benton and State of Washington. of the Senator from Ohio. Mr. FORAKER. Yes. - 1\Ir. ALDRICH. Probably we could get through with this HOUSE OF REPRESENTATIVES. discussion in time to have a vote taken before we adjourn to WEDNESDAY, Jan~tary 16, 1907. morrow. Mr. FORAKER. I do not know how long it will require to The Ho11se met at 12 o'clock m. say what I want to say. I think I can get through perhaps in The following prayer was offered by the Chaplain, Rev. an hour's time. At any rate, I will be· glad to resume in tbe HENRY N. COUDEN, D. D.: morning ind get through as quickly as I can. Eternal and everliving God, whose ways are past finding out, Mr. LODGE. Immediately after the routine morning busi we thank Thee that amid the perplexing and inexplicable prob ness? lems of life we may look up to Thee and call Thee Father, be 1\Ir. FORAKER. Immediately after the morning business I lieving that nothing comes to us through hate or revenge, but will resume the floor. through love and mercy; that when a calamity comes upon any 1\fr. KEAN. Will the Senator from Ohio yield to me? ·people it makes the whole world akin, teaching fatherhood and 1\Ir. FORAKER. Certainly. brotherhood. Our. sympathies therefore go out to the people of Jamaica, EXECUTIVE SESSION. and we most fervently pray that in that great calamity they 1\Ir. KEAN. I move that the Senate proceed to the consid- may be comforted by the blessings of Heaven and by the help eration of executive business. · . ing hand of all the world; that we bear one another's burdens, The motion was agreed to; and the Senate proceeded to the and so fulfill the law of Christ. Amen. consideration of executive business. After ten minutes spent in The Journal of yesterday's proceedings was read and ap executive session the doors were reopened, and (at 4 o'clock proved. and 45 minutes p. m.) the Senate adjourned until to-morrow, RESIGNATION OF COMMITTEE ASSIGNMENT. Thursday, January 17, 1907, at 12 o:clock meridian. Mr. SHERLEY. 1\fr. Speaker, on yesterday, just prior to ad journment, the Chair announced my appointment as a member CONFIRl\IATIONS. of the Committee on the Judiciary. I respectfully request that PJ::r:ecutit:e nom.inations con{i1·med by the Senate January 16, 1907. the House relieve me from further service on the committee. The SPEAKER. The gentleman asks unanimous consent ASSISTANT SECRETARY OF THE TREASURY. that he be relieved from further service on the Committee on the - Arthur F. Statter, of the State of Washington, to be Assistant Judiciary. Is there objection? [After a pause.] The Chair Secretary of the Treasury. hears none. · ENVOY EXTRAORDINARY AND MINISTER PLENIPOTENTIARY. DAM ACROSS SAVANNAH RIVER AT GREGG SHOALS, SOUTH CAROLINA. Horace G. Knowles, of Delaware; late consul at Bordeaux, Mr. AIKEN. l\fr. Speaker, I ask unanimous consent for the to be envoy extraordinary and minister plenipotentiary of the present consideration of the bill H. R. 21402. United States to Roumania and Servia. The Clerk read the title of the bill, as follows : ASSISTANT TREASURER AT BOSTON, MASS. Permitting the building of a dam across the Savannah River at Edwin Upton Curtis, of Massachusetts, to be assistant treas Gregg Shoals. . urer of the United States at Boston, Mass. The Clerk proceeded to read th"e bill . Mr. WILLIAMS. l\fr. Speaker; I desire to ask the gentle COLLECTORS OF CUSTOMS. man from South Carolina if this bill has a unanimous report? George A. Alba, of Florida, to be collector of customs for the l\fr. AIKEN. Yes; it has been unanimously reported. ' district of St. Augustine, in the State of Florida. l\Ir. MANN. l\Ir. Speaker, this bill and a number of other Charles H. Marchant, of Massachusetts, to be collector of cus bills of similar character have been amended in the commit toms for the district of Edgartown, in the State of Massachu tee, so as to make them conform in form to the common bills setts. relating to bridges; and I ask unanimous consent tha.t the Clerk UNITED STATES ATTOR ~EY. in reporting the bill may report it as amended, so that the William B. Sheppard, of Florida, to be United States attorney House may know what it contains instead of reading the long for the northern district of Florida. bill. ·. MARSHALS. The SPEAKER. Without objection, the Clerk will report the bill as requested. Frank W. Wait, of Michigan, to be United States marshal for The Clerk read as follows : the western district of Michigan. A bill (H·. R. 21402) permitting the building of a dam across the Savan Thomas F. McGourin, of Florida, to be United States marshal nah River at Gregg Shoals. for the northern district of Florida. Be it enacted, etc., That the Savannah River Power Company, a cor PROMOTIO~ IN THE REVENUE-CUTTER SERVICE. por'ation organized under the laws of .South Car·olina, its successors and assigns is hereby authorized to construct and maintain a dam across Third Lieut. William Clayton Ward to be second lieutenant in the Savannah River, extending from a point in Elbert County, Ga., to a point in South Carolina near the dividing line between .Anderson the Revenue-Cutter Service of the United States, to rank as such County S. C., and Abbeville County, S. C., upon or· in tbe vicinity of from December 25, 1906. Gregg Shoals, and all works incident thereto in the utilization of the POSTMASTERS. power thereby developed in accordance with tbe provisions of an act entitled "An act to regulate the constl'uction of dams across navigable ILLINOIS. waters," approved June 21, 1906. James A. Lauder to be po.stmaster at Carterville, in the SEc. 2. '.rhat the right to amend or repeal this act is hereby expressly county. of Williamson and State of Illinois. reserved. The SPEAKER. Is there objection? [After a pause.] The l\IINNESOTA. Chair hears none. Oscar Krook to be postmaster at Marshall, in the county of The amendments recommended by the committee were agreed Lyon and State of Minnesota. to. NEW YORK. The bill as amended was ordered to be engrossed for a third Sidney B. Cloyes to be postmaster at Earlville, in the county reading; and being engrossed, it was accordingly read the third of Madison and State of New York. time, a~d passed. . Freeman H. Merritt to be postmaster at White Plains, in the On motion of 1\Ir. AIKEN, a motion to reconsider the vote by ... county of Westchester and State of New York. which the bill was passed was laid on the table. James A. Snell to be postmaster at Fonda, in the county of ~fontgomery and State of New York. DAVE~PORT WATER POWER COMPANY. Winfield S. Vandewater to be postmaster at Cedarhurst, in the 1\Ir. DAWSON. l\fr. Speaker, I ask unanimous consent for county of Na sau and State of Ne~v York. · · the present consideration of the following bill. 1907. CONGRESSIONAL REOORD-HOU~E . 1215

The Clerk read a.s follows : FORTIFICATIONS APPROPRIATION BILL. . A bill (H. R. 21677) to amend a~ act grantin~ to the Davenport Water Mr. S.MTTH of Iowa. Mr. Speaker, I move that the House re Power Company rights to construct and mamtain a canal, power sta solve itself into the Committee of the Whole House on the state tion, and appurtenant works in the Mississippi River in Scott County, Iowa. of -the Union for the further consideration of the fortifications Be it enacted, etc., That the act gran tin&" to. the Davenport Water appropriation bill. · Power Company rights to co~struct aJ?d .m~nn!atD; a c_anal, power sta The motion was agreed to. tion, and appurtena.nt works lD the M.ts~Issippt River ID Scott County! The House accordingly resolved itself into the Committee of Iowa approved Aprrl 5 1904, be, and It 1s hereby, amended as follows. In section 3 of said act strike out the word "three " and insert the the Whole House on the state of the Union for the further con- ' word " six " in lieu thereof ; also strike out the word " six " and insert sideration of the bill H. R. 23821-the fortifications appropria the word " nine " in lieu thereof. tion bill-with Mr. l.VIANN in the chair. The SPEAKER. Is there objection? . The CHAIRMAN. The Chair understands that a point of Mr. WILLIA.MS. Mr. Speaker, reserving the right to object order was reserved by the gentleman from Iowa [Mr. SMITH] my attention was called away for just· a mome~t---::-I do not quite on the amendment offered by the gentleman from Ohio [Mr. understand something about the dam and fuxmshmg power. _ KEIFER]." . Mr. MANN. It is merely ex.'iending the time. Mr. KEIFER. Mr. Chairman. I do not understand that the Mr. DAWSON. I will state to the gentleman it does not come point of order is insisted on this morning. under the classification of dam bills. It is a water-power canal. The CHAIRMAN." Does the gentleman from Iowa withdraw It extends the time for the construction of the same, and the the point of order? company has shown all due diligence. . 1\Ir. Sl\IITH of Iowa. The point of order has not been made . l\Ir. WILLIAMS. There was a previous act of Congress giv- and will not be made. As far as I am concerned, I shall sub ing them the power. mit the question to the Hous~. l\Ir. DAWSON. Yes, sir. l\fr. LIVINGSTON. Do I understand the gentleman to Mr. 'VILLIAl\fS. And this merely extends the t4De? withdraw the point of order? - Mr. DAWSON. That is all. . _ Mr. SMITH of Iowa. Yes. I shaii oppose the amendment, Mr. WILLIAMS. Has the bill the unanimous report of the but shaii not claim that it is subject to the point of order. committee? . The CHAIRMAN. The gentleman from Iowa withdraws the Mr. DAWSON. It has, and has the recommendation of the point of order. Engineer Department. Mr. LIVINGSTON. Mr. Chairman, I hope the amendment The SPEAKER. The Chair hears no objebears date Jl.]lY 6, 1898, in the midst of the prog ress of the ·spanish war, we obtained the Hawaiian Islands. Joint resolution (S. R. 80) authorizing the Secretary of War to furnish two 3-inch wrought-iron muzzle-loading cannon, with their carriages, We did not organize them into a. separate Territory, giving them limbers, and accessories, to the State of South Dakota. - a Territorial government, until April 30, 1900, when this was Resolved, etc., That the Secretary ·of War be, and be is hereby, au- done by an act of Congress bearing that date. Now, these thorized to deliver to the State of South Dakota, if the same can be islands are located in the Pacific Ocean.· They are on the road done without detriment to the public service, two 3-inch wrought-iron muzzle-loading cannon, now in South Dakota, with the carriages, to the Philippines. They are not as far west as a large portion limbers, and accessories belonging to them, to be the property of the of the Aleutian Islands, which are a part of Alaska obtained said State: P'f'ovided, That the donation shall be without expense to about forty years ago. The H~waiian Islands are absolutely the United States. · essential to us for the safety of our Pacific coast and our Alas The amendment recommended by the committee was read, as kan possessions, to say nothing of the Philippine Islands. follows: Therefore it does not come within any of the objections of my In line 8, page 1, after the word "Provided," strike out the words friend from Massachusetts [Mr. SULLIVAN] about wanting to "That the

Mr. KEIFER. You will ha¥e to ask that question of ·those priation of more money for sites when they ba¥e .not determined who were opposed to it on the subcommittee. I was not one where they are going to buy and have already substantially of those. land enough on which to erect all the batteries provided for up :Mr. LIVINGSTON. The gentleman certainly knows why it to this hour. was not done. The CHAIRMAN. The question is on the amendment offered Mr. KEIFER. I. only know that the subcommittee and the by the gentleman from Ohio. committee refused to do it. I could not give any good reason The question was taken, and the amendment was lost. . at all. I know of none. Let me add, 1\Ir. Chairman, that it is The Clerk read as follows : an absolute necessity that we should have an additional appro The Chief of Ordnance, in conducting manufacturing or similar opera priation for sites for defenses in Hawaii. We have the $2GO,OOO, tions, is authorized to charge any indirect or general expense for labor it is said, that was appropriated in the first session of this Con or material therefor against any of the appropriations authorizing these operations in such manner as is most economical and efficient, gre. s yet to be expended, wholly, as it turned out in the law as provided that the methods adopted shall show that each of suck appro printed, in the Hawaiian Islands, and· it bas not been expended priations bears its ratable share of the total amount of these expenses. for want of adequate appropriations for proper sites. 1\Ir. DAWSON. 1\Ir. Chairman, reserving the point of order Now we propose in this bill to appropriate $600,000 more for against this provision, I would like to ask ·the gentleman in seacoast defenses, to be ex.·pended in the Hawaiian and Philip -charge of the bill one or two questions relating to it. In ·tl.le pine islands, and it is fair to assume that some portion of it, first place, I would like to understand the scope of this legi s~ some substantial portion of the $600,000, is to be expended in lation; what·is the intent and purpose of it? preparing and building defenses for the Hawaiian Islands. We The CHAIRMAN. The gentleman from Iowa reserves the ought to ha¥e, Mr. Chairman, sites for those defenses. All I point of order to lines 17 to 24, page 8. fear is that if my amendment is adopted and the War Depart 1\Ir. SMITH of Iowa. I may say, 1\Ir. Chairman, that but ment is given $100,000 to be used in connection with the appro little can be furnished to the gentleman from Iowa upon this priation for the fisc:;tl year ending June 30, 1!;108, that it will be subject that is not contained in the Book of Estimates. At all inadequate. I think this much can be given, and it would be of the arsenals of the United States work is being done under used properly and economically, and we can expend the $260,000 ¥arious appropriations. Some instruments for use in manufac~ already appropriated that bas not been expended-appropriated ture are utilized in the production of all these various classes ; at the last session-and such part as the \(ar Department may for example, a wheelbarrow at the Rock Island Arsenal, with decide to expend of the $600,000 that is ca.-ried in this bill, and which the gentleman is familiar,· would be used in connection these are my reasons for urging this amendment. with much of the work under many items of appropriation Mr. Sl\IITH of Iowa. l\Ir. Chairman, last year the fortifica contained in this or the Army or any other bill. tion bill carried $150,000 for sites in the Hawaiian Islands. I There is no separate item carried that covers these expenses; shall now read to this committee the testimony of Colonel Ab nor, is it desirable that such separate items be carried, because bot and General Mackenzie, with reference to the appropriation if you do, you do not have any idea of what a given branch of additional money for that purpose, gi¥en this year before the of the service is costing. This provides that. the expense of subcommittee, and shall practically add nothing to that. · these things used in conducting the manufacturing establish~ I read from the bearings : ·rnent and utilized in connection with work under divers ap~ 1\Ir. SMITH. To what extent have you applied the appropriation we propriations may be distributed equitably O¥er the appropria~ have given you to buy land fol' a Hawaiian site, or have you been tions in the utilization of wlllch these articles are necessary. brought to a standstill by reason of the exhaustion of your money? ~lr. col~ Colonel ABBOT. We had been brought to a standstill when the act Mr. DAWSON. Chairman, I would like to ask my of June 25 gave us an additional $150,000. league whether or not the effect of this legislation would be to 1\Ir. S~IITH. That is, have you been banking this money or spend furnish more accurate information as to the exact cost of the ing it? manufactlll'e of any article in an arsenal in tlle United States? Colonel ABBOT. Jot the last appropriation. We had spent all that we had received up to $150,000. The last has not been spent. 1\lr. S~IITH of Iowa. In my judgment it would furni b both Mr. SMITH. Why, in brief, has it not been spent? a more and a less accurate estimate. It would furnish a really Colonel ABBOT. We have been waiting for the determination as to more accurate idea of what each article costs than any other just where the best sites for the batteries should be. ~'here bas been some discussion on that matter, and we do not want to buy any further system, because if we make a separate appropriation for macbin~ · land until we find out exactly where we should go. ery there would be no method of telling how much of that ought 1\Ir-. S~IITH. What have you to say as to whether the amount we have given you will not be sufficient to pic!} out and buy the laud you to be charged to any given article that was produced, but this reguire at a definite price, or within the next year? requires that the proper amotmt, the equitable amount, be Colonel ABBOT.· General Mackenzie can answer that better than I assessed to each appropriation to cover this general expense of can. as be bas been over there. manufacture. General 1\L\CKENzm. There is one piece of land which we un doubtedly will have to buy, and which a year ago -was :!fi.OOO. l\Ir. DAWSON. The point I was getting at was this: The Whether the price will vary: very much from that I do not know. Chief of Ordnance, in the hBarings, stated a fact which I have There is another piece of land where we have not yet succeeded in making an arrangement-that is, we have not got a price on it yet; but long known, that in the manufacture of articles in the arsenals I think that with this amount we have we can pull through for the of the United States the actual labor cost of the manufacture is next year. ' first ascertained and then to that sum is added 40 per cent for 1\fl'. Si)IITH . .And it probably would not delay your work? the general expense of maintenance of the plant. I would like General MACKE:

·areful _expenditm·e of the appropriations, has e>er gone into crea ·e its output fourfold, yes, sixfold, I thlnk, upon short the question of ,whether or not it is· more economical to manu notice and without extra. expense except for the labor. facture the e articles in the arsenals or more economical to pur- · But the point I want to _get at, 1\lr. Chairmau, is I want to chase them by contract? ask my colleague in charge of tile bill whether or not it is Mr. S~HTH of Iowa. I would say that I think the eYidence within the pro.-ince of the Committee on Appropriations, in h fo1'e the committee quite clearly shows that some articles are the future, perilaps, to make inquiry as_to the expenditm·e of more cheaply bought than they are manufactured; that there these appropriation.- and report to this Hou e, or determiue for are certain ca ting. , certain shaped iron-things of that kind themseh·es whether it i more economical to manufacture in that can be bought more cheaply tilan they can be manufac the ar ·enals or purchase by contract. I belie.-e they would find tured. I think, generally speaking, it i cheaper for the G<>v it good policy to iuerease the manufacture of ordnance and ernment to manufacture in the arsenal than it is to let the supplies at the arsenals. contract out ide. '.rilat is partly due to the fact that in some l\Ir. SMITH of Iowa. It is the policy of the Committee on lines there is at least something approaching a combination in Appropri'ations to ascertain in as full a uegree a.s possible the l>idlli.ng. In tho e lines, it seems· to me, the Go.-ernment ought manner in which the money appropriated by Congress has been to lllanufactm;e for itself. In otiler line , where there is such expended. I can not quite agree witb. the gentleman. If \Ye ompetition as will insure fair- bitlding, it perhaps would be transfer all the \YOrk to the arsenals and run tilem at their well, in a measure, to encourage the maintenance of reser.-e full capacity and leave nothing · to be done outside, then cer strength to protluce the e gootls in time of war by letting the tainly all the factorie ·-outside will not be maintained, and the ontract outside. ars~~als \\ill ha\e no capacity for increasing their output in ::\lr. DA. WSO~. As· I understand the general policy of the time of emergency, and you will tilen Ilave no reser\e power War Department in letting out contracts for the manufacture of of production, pri.-ate or public; a:nd it is only by maintaining >arious articles, it is on tbe theory which bas been adopted by this reserve largely at tile arsenals that we can ha.-e any re foreign gon~rnment · that it is wi e to have certain priyate . e1Te of that kind at all, because it can not be anticipated that pla.nts equipped with the necessary machjnery for the manu the e pri_.-ate capitali ts will permanently maintain plants of two fa<;ture of the e goods in an emergency. Now, tilat being so, or three or four times the capacity of the \YOrk that tiley have does that not of it elf prove that these appropriations will not to do, and it is the duty of the GoYernment to maintain for go so far if the m·oney i. expended in contracts as it would if itself this capacity for increa ed production in time of need. they were manufactm·ed in. the arsenals? At Rock Island we :!\lr. DA. WSON. 1\lr. Chairman, I agree entirely with the gen have perhaps the most splendid manufacturing plant in the tleman as to the necessity of this reserve power of production United States, ten plendid buildings and unsurpassed water in an elllergency, but in my Yiew we could now have practically power, complete, to furnish all .of the power and all of the light all this ordnance manufactured iu Government plants and we for tilat great institution, tile power beine the plant; tilere we haye the crease in case tile emergency siloulate · The CHAIR~l.AN. The gentleman from Iowa {Ur. S)IITH] concerns. · asks unanimous consent to offer an amendment to the section without impairing the right of any Member to make.a point of Mr. S~IITH of Iowa. Not at all, as I understand it. It is order after .the amendment. ue:ired that factories be maintained for the production of l\lr. BENNE~!.' of New York. l\fr. Chairman, re ·ening the those classes of goods, and then that the Go.-ernment hall right to object, I would like to ask, as a parliamentary inquiry, maintain also plants containing a large reserve power of pro if that amendment is adopted will it still be in time to make a duction, these Government plants to accomplish two purposes point of order against the paragraph? one to supply the goods and determine whether we are being The CHAIR IAl~. The request of the gentleman from Iowa: charged unreasonable prices by private producers,. the other [Mr. SMITH] is that he may be permitted to offer an amendment to have the ability for expansion in time of need, whicil no to the paragraph without barring the right of any Member of private capitalist can be expected to furnish. the committee to make a point of order upon the paragraph ns l\Ir. DA. WSON. l\Ir. Chairman, I fear that my colleague perfected, whether the amendment be adopted or other'"'·ise. Is has a misunderstanding of the basis upon which the policy of there objection? tile War Department rests. As I under tand it, one reason There was no objection. for the allotment of these large sums to contractors is with a · The CHAIR.l\IAN. The Clerk will ·report the amendment. .-iew of enabling the contractors to keep their shops equipped 'l'he Clerk read as.follows: for the manufacture of these particular articles, so that in case On page 8, in lines 25 and 26, strike out the words " March nine of an emergency the e private plants will be ready, and we teenth, eighteen hundred and ninety-two " and insert in lieu thereof could go to them for an increased supply of these materials. the words ''May nineteenth, eighteen hundred and eighty-two." But, l\lr. Chairman, in my judgment that should not be a con The CHAIRMAN. The question is on agreeing to the amend trolling reason. I know, and my colleague knows, that this ment offered by the gentleman from Iowa [Mr. SMITH]. particular plant of which I speak, the Rock Island Arsenal, is The question was taken ; and the amendment was agreed to. equipped, has the power and the buildings, so that it could in- The CHAIR.l\I.A.N. The gentleman from New York [l\lr. XLI--77 1218 CONGR.ESSION AL RECORD-HOUSE. J ANU.ARY 16,

BENNET] reserves a point of order upon tbe paragraph as Army officer or a Navy -officer in the line of duty is directed to amended. do something of a certain kind, and in doing so di covers some Mr. BENNET of New York. l\1r. Chairman, I would. like to · thing and takes out a pate~t therefor in 'his own name? a.sk tile gentleman from Iowa if the seven States that have re 1\lr. SMITH of Iowa. It is so intended. ·eei.-ed cannon under this act ought not to be protected in their Mr. GAINES of Tennessee. Does it give him the right right, and if he does not think it a little bit unsafe to put in a to claim it as 'his property ·or the Government? loophole provision without a saving clause? 1\Ir. SMITH of Iowa. Neither. It proyides that if Govern 1\Ir. SMITH of Iowa. 1\Ir. Chairman, having some ·doubt ment money shall be expended in the consti11etion or test of any ·about that auestion I caused a telegram to be sent to ·General gun or implements under the supervision of the Board the United Crozier, -the Chief of Ordnance, to know wha:t the interpreta States shall ha-1e the lawful right .to the use of the in'lentions tion. of the War Department would be of this section, and I lla'le invol1ed in the constructions. How fully it is covered I do in my hand the telegram in reply, 'dated January 11, 1907, as not kno-;;:, but that language has been carried for many years. follows: :Mr. GAINES ·Of Tennes ee. I thank the gentleman for the information. Continuing some remarks of ye terday that I Hon. J. C. CouRTS, Clet·T.; of App1·opriation Oornmittee, House: have made on that line, I desire to say this morning I sent a Replying to your telegram of this date, the repeal of section 2 of the telegram to Secretary .Metcalf to know something about this act authorizing issue of heavy guns and mortars to seaboard States smokeless-powder patent. If the committee will indulge me will not in any way effect the retentions b-y the States of guns and a few moments, I will give it some information I have obtained mortars already issued. ' When any State no longer needs the guns and .mortars issued to it in the shape of telegrams. I said ye~terday, 1\Ir. Chairman, -that on account of their obsolete character, they are condemned by a sur .Mr. Munroe patented the smokeless-powder process, and there veying officer of the organized · militia of the State, solo by the au for-e he must have been the first man to clisco'ler it. I also read thority of the Secretary of War, and the proceeds covered into the United States '1'teasury. This has already occurred in the case of one from a Senate hearing a statement made by the distinguished State. · · · Senator from California [1\fr. PErurr s] to this effect: CROZIER. In this connection I wish to state 'That Profess9r Munroe, now con So that this repealing clause would nave no effect 'Upon any nected with ·the chair of chemistry in Columbia College, discovered State that has this existing equipment :until it became so ob smokeless powder when in the Naval Academy, .filling the chair of chemistry there, and he felt that the invention belonged to the Govern solete as ·to become worthless, and condemned, not by the Fed ment, and it was pla,ced by him at the disposal of the Government. eral Government, but condemned by the State militia. I see no Now, the gentleman from Iowa [1\Ir. SMITH] was asked yes necessity for the saving clause. I think that the States are terday -about, and very kindly placed in the .RECORD, copies of fully protected during the lifetime of what they have now re two other patents, it seems, upon the same subject, taken out ceived, and, Of course, the gentleman from New York [1\Ir. BE-N by Mr. John B. Bernadou. 'They do not state, and no one has NET-] will not think that the:o;e States ought to hereafter . be stated, what hls position was at the time of taking out the pat given preferential rights over the other States in the renewal of ent nor what he was doing when be discovered the thing that their supplies. · he patented. So I sent a telegram this morning in the following Mr. BEl~NET 10f New York. Oh, no, 1\fr. Chairman, 1 do not language to the Secretary of the Navy : think that. I think· that having gone to the expellile ana Januarv .16, 190'1. trouble, and giving the land and everything for ntting up these SECRETARY NAVY, City: places for the guns, and having taken them in good faith, they Please wire me, House Representatives, whet~er John 13. Bernadou ought to be 1Jrotected in their ownership of the guns. was in the Navy in any capacity. If so, what. wben be patented a smokeless powder, process Nos. 673377 and 6524;)5, in 1900 and 190L Mr. S.l\IITH of Iowa. They are protected, as General Crozier See REconn of yesterday (15th), pages 1185-1186. If not employed in states, and I ~·ely upon his judgment on this subject. Navy, -what was his. business in the yeal'S -named and what now? 1\Ir. BEI~'NET of New York. He is not a lawyer, is he? Please reply immediately. Mr. Sl\IITH of Iowa. He is a better lawyer than a great JNo. \v. G.uxEs, 1I. a. many gentlemen who have certificates to practice, I will say. To that telegram I have just received this Teply: 1\Ir. BENNET of New York. That is possibly true. · But w.hat NAU .IlEPAitTME:xT, Jamtat·y 1JJ, 1907. harm would a saving clause do? · · To JoHN W. GAINES, House: Replying your telegram, .Tobn B. Bernadou was a commissioned offi~ Mr. s.MITH of Iowa. Because a saving clause has never been <'er of the Navy at time of taking out smokeless-powder _patents re presented to the committee, although this matter has been public ferred to. He is still in the service. for some time. We have not had time to consider such a saving V. H. _1l!ETCALF, 8e01·etary . . clause or submit it to the Department as to its legal effect in.its I also, 1\Ir. ·Chairman, called by teiephone the Patent Com judgment. I feel confident, in the face of this assurance, that missioner this morning, and asked the Commissioner to send a the gentleman can 1·est sure that the great State he represents copy of the patent issued to 1\Ir. Munroe, which I have-received will not be interfered with in the possession of these batteries. since I got on my feet to make these remarks. · Mr. BE1\TNET of New York. I thlnk without the exception I 1 will read a portion of it so that we can see, if possible, would accept-- whether the patent was given to him as an initi'l?idual or the 1\Ir. SMITH of Iowa. \ would not consent to an exception. I Government. would rather consent that it go out on the point of order. United States Patent Office. Charles E. ·uunroe, of Newport, R. I. 1\Ir. BENNET of New York. I _make the point of order that .it Explosive powder _and process of making same. Specification form ing part of Letters Patent No. 489,684, dated January l 0, 1893. Ap changes existing law. plication filed August 14, 1891. Serial No. 402,64.5. (No speci Mr. . SMITH-'>f Iowa. The point of order is well taken, Mr. mens.) Chairman. To all -whom it may conoern: · The CHAIRMAN. The Chair sustains the point of order. Be it Jmown that I, Charles E . Munroe, a citizen of th'e United Stutes, residing at the Naval Torpedo Station, at Newport, in the State of The Cler.;;;: read as follows : Rhode Island, have in-vented a certain new and useful Improvement in That all ~aterial purchased ~nder the foregoing provisions of this act Explosive Powder and the Manufacture Thereof, of which the following shall be of American manufacture, except in cases when, in the judg is a -specification. ment of the Secretary of War, it is to -the manifest interest of the United The object of my invention is to produce a powder for use as a pro States to make purchases in limited quantities abroad, which . material pellant in fire-arms, which shall be capable of giving a high velocity to shall be admitted free of duty. the projectile without the production of a dangerous pressure in the l\Ir. n-AINES of Tennessee. I move to strike out the last word. barrel of the gun, and without the production of smoke to any serious extent, and which is incapable of being exploded with detonation. To Mr. Chalrman, as I caught the reading of that paragrap.h the accomplish this I .make use of gun cotton, and, preferably, I first purify Government of the United States was given some sort of right the same 'by' the method set forth in my application of even date here or some conditional privilege to use something about a gun, I with namely, exposure to the action of a solvent such as methyl alcohol which acts upon the lower cellulose nitrates (that is to say, those which belie'le, if patented by an Army or a Navy officer. are capable of being dissolved by such a solvent) and other soluble pr'od Mr. SMITH of Iowa. l\1r. Chairman, I take it that the gen ucts of nitration, but not upon the higher nih·ates (that is, such as are tleman is alluding to another paragraph that was read before not materially affected by a solvent of this character) to any material extent, and - which by percolation through the gun-cotton removes the this paragraph. . soluble portions. I thus obtain a uniform material instead of one con lli. GAINES of Tennessee. I waited until the Clerk got taming a variab1e and uncertain quantity of ·the lower nitrates, and through reading the paragraph to inquire. I have no bill. Will therefore having an uncertain value as an explosive, as has been the case with the gun cotton. heretofore ..employed for military purposes. I the gentleman explain what the paragraph just read-- mix this material with nitro-benzene, the same being incorporated thor Mr. S~llTH of Iowa. If you refer to the second provision oughly with the gun cotton in a mill or between .rolls, so that the gun prior to the close of the bill, I will state that the language used cotton is acted upon throughout by the nih·o-benzene and by which, preferably, it is shaped into sheets. The material, which is now of a is the language that has been carried for several years past, plastic, coberent and homogeneous character, is then preferably cut, and it is not new language. _It is. intended to protect the molded, rolled Ol' otherwise formed into strips, _grains, wires or other United States in the use of these matters that it mvestigah>s, forms the size and form given to the material being varied according to uW use to which it is to be put. This process by which the dry gun whether patented or otherwise. cotton is converted into a plastic homogeneous. coherent and non-ex Mr. GAI:NES of Tennessee. Does it cover a case where an plosive substance which retains its coherency and plasticity even while it is exposed to the air, and which is capable of being indurated ot· con is to-day ln the hanus of tbis great powuer monopoly, and the verted into a hnrd, homy product by the process het·einafter described I term " colloidizing." , Govei·nment is in the throes of tbat monopoly. I believe nltro-Denzene to he the most SLtitable colloidizing agent, but ·But bow about ~Ir . Bernadou? I do not know tbe immediate - mv invention is not confined to the use of such matet·ial, for I consider circumstances under \vbich he " discover~d" his smoke l ess~ th"e :use of any agent by which the gun cotton mar be converted into a mat rial of sufficient plasticity to - e-nable the tho1·ough incorporation r)owder p].'ocess, but be ce_rtainly did not-turn tbe patent over. to of the colloidizing agent to be effected, and which t·etains its plasticity the Government, so far as I have been advised. I baye not been ::md coherency while exposed to the air and which is capable of indu able to find any evidence in any report that be turned 'bis patent J·ation as hereinafter described to be within the scope of my invention. I prefer to use f1·om about nine-tenths to about one and eight-tenths over to the Government,-as l\Ir. :Munroe diu; but -it seems tbe J1ar1·s of nitl'O-benzene to one part of gun-cotton. I may mix with the Government only bas a free "permit" to use the patent, thougb matN·ia I suitable oxidizing salts to pel'fect combustion; the kind and it at lea t owns the ~Iunroe patent. quanti1y of such oxidizing salts being varied according to the use to "·hich the product is to be put, as will be. understood. I am sorry to say tbat this great monopoly, tbe Du Pont con I now indurate the m-aterial by tbe action of heated liquids or the ce~:·n, tbat the Senate has been investigating, fruitlessly, so far yapor. tl.lereof. I prefer to employ water or steam m· both. I have as I know, is in posses ion of all these patent.', anu we are arl di!:.covered that nit1·ated cell~1lose after being colloid.ized in the manner descdhed by me,.if treated by hot liquid or vapor, becomes indurated and proDriating money-a proposition wbicb I baTe Toted for and is conve1·ted into a material having the consistence of bone, ivory and am going to vote for, as I baTe been doing since the Fift)--fiftb or like substances, and by so tt·eating the C'OIIoidized material I obtain a ubstance of much density, great toughness, very close grained textul'e, Fifty-sixth Congress-for a Govermnent powuer factory, to get ~-,reat superficial llarclness and smoothness, which is insoluble In watet· our. ·elves out of tbe throes of this monopoly, aiuetl by our )Iun: and completely resists di integration thereby. 'rhe material is also in roe patent, wbich w-e own, and may own-or sbould-tbe ollie~· c:ipuhle of being E>xploded by detonation, but burns with such rapidity as to pr·o er temperatm·e than the boiling point of the colloidizing agent. unrter· :'.Jr. G.\INES of Tennessee. I think tbe gen~leman could bave the same- conditions as ·to temper·ature, : pressure, ·and other matters embodied a proyision · i·n this bill to cover the case. It migbt which affect boiling points. . It is not essential that the plastic colloidized material shall be iP.:> have beeu subject to a point of order, but · I : uare say no one mediateiy exposed to the indurating process, since the plastic· matel·ial wou!U haYe objecteu ·to it, !Je<:ause it would be a proper reform. may be conveniently stored and--transported, it being non-e.."{plosive. and It would save llloney to the peorlle. It would tend. to remove tile the indm·ating step may be performed subsequently or as the matNial is required for use. embarrassment wrought by tbis monopoly. · - What I claim is, :'.Jr. S::\liTII of Iowa. Wbat was the provision that tile gen l. The method of making explosive material which consists in mixing tleman was going to put in? anc incorporating with gun cotton a l)quid colloidizing -agent which is capable of converting at ordinary temperatures the hig·her cellulose ::\It-: GAIXES of 'Te:ime see. Something like tbe one recom-· nitrates into viscous form and then acting upon it with heated liquid mentleu by Secretary Herbert ten or bTelve or fifteen ye;u·s ago. or vapor to indurate it, substantially as set forth. ::?. ,'rhe method of making explosive material \Yhich consists in ex- iu a revort a · copy of wbich I bali before me yesterday, or '-'Oiile 1rnding from gun cotton the lower products of nitl·ation. then mixin~ tlling like tile one that Senator Chanuler, chairman of that Sen :md incorporating with it a liquid colloidizing agent which is capable ate committee, repoi·teu_ as a restilt of tbe teRtimony taken IJe- of converting at ordinary temperatures the highE't' cellulose nit1·a tos into viscous· form, and then indurating it, substantially as set f01·th . fore bim. \Ye cou!U ·eTen improve on tbem. · 3. 'rhc method of making E>xplosive material which C'Onsists in ex ~Jr. S)liTH of Iowa. Would tlle· gentlemnn kindly .state tbc tracting fl'Oru g·un cotton the lower products of nitration, then mixing substance of t})e legislation he refers to. , and incoq1orating with it a liquid colloidizing agent which is capahle of convet·ting at ordinary temperatures the higher cellulose nit1·atcs ::\Ir. G.diXES of Tennessee. If I can-get in time ft·om t11e into viscous form, and then acting upon it with lleated liqu'id or vapo1· gentleman from Io"·a [l\Ir. IlEPRCRN] this report wllkb I g:n~e to indumte it. substantially as set forth. birn w•steruay, I will read tbe propo~ed bills suggcste . '!·he method of'making explosive matet·ial which consists in fit·st ex tracting from gun cotton the lower products of nitration, then mixing Mr. LACEY. I think you gave it to us ye ·ter<.lay. a.nd incor·po1·ating wiili it nitro-benzene, and then acting upon it with l\fr.- GAINES of Tennessee.- Ko ; I alluded to such sales and heatecl liquid or vapor to indurate it, substantially as set forth. uses. I will get the report from tbe gentleman fl:om Io\\·a ( :llr. G. 'l'he method of making explosive material which consists in fit• t ex tracting f1·om gun-cotton the lower -products of· nitration, then mixing HEPBURN] and read it later if I get a chance. Tbc Rritisb Gov :md incorporating with it a liquid colloidizing agent which is capable of ernnlcnt bns a provision similar to this bill. l\Ir. Ilerbert. con conver·ting at ordinary temperatures the higher cellulose nitrates into fen·ed \Yith Britisb officials on· tbe subject. But tbe point I viscous form, then forming the material into pieces of the desired form, such as grains or strips, and finally indurating the mater·ial, substan- \Yant to m:ike is this,- :\Jr. Chairman : 'l'be gentleman from lawn tial1y as set forth. _ [1\lr. HErBUR~] yesterday alluded to tbe fact that tbese ·naval 7. The explosive material consisting wholly of cellulose nitrates of otlicers, 11erb.aps not intending to embarrass tbe Government in the higher orders in a colloidized and inclm·ated condition, substan tially as set forth. time of war or peace, have put these patents in tbe ll:mcls pf This s11ecification signed and witnessed this 12th day of August. 1 !H. monopolies, and ma.ny bave put tbem in tbe bands of foreigners. - CJI.iRLES - E . MDX ROE. Certainly the latter can be done, but sbould not be allo,yed. Witnes es: ~Jr. BURTON of Delaware. I should like to ask the gentle \Y.u. CROOKE, G. w. l'ATTERSOX. man if the Government bas not tbe use of those patents? :\Jr. GAINES of Teru1essee. That is true, a mere "permit;" It seems tile _patent was gfyen directly to him, and not the but the Goverlllllent owns them, or at least owns the :;\lunroe Governmeut ·or to him in trust for the Government. patent. .senator - PERKINS, as I have shown, says he (Mr. Munroe) ::\Ir. BURTON of Delaware. Has tbe GoTernment paid ~my tilought the patent "belonged to the GoTernment" and turned it thing for -the use of the patents? over to the Government because Munroe discovereu it ·while as ~Jr. GAINES of Tennessee. I understand not. nn otlicer he was "·orking in the line of his duty at the Naval l\Ir. BURTON of· Delaware. - The GoTernment bas 11aicl noth- .Acauemy. ing? • • · .rJow, :Mr. Cilairman, I read yesterday from the Supreme :i\Jr. GAINES of Tennessee. No. Tbe naval officer, l\Ir. Mun Court decision that when an officer, directed in his line of duty roe, turned his patent to the Goyernment as its own pror1erty, to investigate a subject, when he takes Gove1'nment machinery, while the other inventor, it seems, said, " I will let tbe Govern Government money, Government time, and does investigate, ment of the United States use my patent." But it seems the anu in the course of his investigations discoYers something for Government has -only a license, a gift, a pei'mit to use them, which be takes out a patent, that patent belongs to the Govern: exercise no ownership, although it o'vns the ~lunroe patent. ment of the United States. That is the Gill case and that is the ·what has it cost the Government? Let us see. It bas given Solomon case. Mr. Justice Brown wrote the opinion in the tbe inventors the education. It has given them the money. It Gill case ::.md Mr. Justice Brewer in· the Solomon case. Now, has given them the time. It has giTen them tbe machinery to what is the GoveJ·nment's condition to-day as to this powder? discover with, and then gave them the patents. The Govern No one can doubt that tbe Government owns the l\!unroe patent. ment in return has only permits-exercises no control other It is the parent patent. 1\lr., . Junroe, as he should J;m ve done, wise. Now, these patents have gone into tbe bands of for turned bis pat..ent over to the Government, and yet his patent eigners. Tbey have "permits" to use, I suppose, so-tbat when 1220 CONGRESSIONAL RECORD-HOUSE. JANUARY i6,

we go to fight the great battles of this country-which I . trust ' S. 6223. An act granting an increase of pension to William E. God we shall never have the necessity to fight-we must meet Cummin: , this smokeless powder made by the l\funroe and Bernadou S. 7162. An act granting an increase of pension to William H. patents, invented by officers of the Army and Navy; hence I Sheckler· . p1~ote t to-day against that kind of practice. · S. 6510: An act granting an increase of pension . to Sarah R. 1\!r~ KEIFER. Will the gentleman allow me a question? Willia,ms; l\fr. GAINES of Tennessee. Certainly. S. 7094. An act granting an increase of pension to George B. 1\Ir. KEIFER. I want to find out, because I have not given Drake; very close attention to that, when these patents which the gen S. 5991. An act granting an increase of pension to George F . . tleman speaks of will expire, or have they expired? Ford; 1\Ir. GAINES of Tennessee. No; the 1\Iunroe patent was is S. 5836. An act granting an increase of pension to Daniel sued on the 12th of August, 1891, and the other two were issued Loosley; within the last two years, I think. S. 7378. An act granting a pension to Giles l\1. Caton; l\fr. KEIFER. So recent as that? S. 7377. An act granting an. increase of pension to Martha J. - 1\fr. GAINES of Tenn~ssee. . Yes; about then. The gentleman Collins; will find the date at pages 1185 and 1186 of yesterday's RECORD. S. 6625. An act granting an increase of pension to Anderson No one wants to curtail the ambition of a naval officer, but Con Henry; gress should regulate these practices. S. 6736. An act granting an increase of pension to Charles H. Let me tell you another thing. You will read in the Chandler Tracy; report that officers have retired under very questionable circum S. 6800. An act granting an increase of pension to Esther stances, which are commented upon by that gallant statesman Eldridge; of wasp-like intellectuality, Senator Chandler, and gone into S. 6590. An act granting an increase of pension to Theron foreign lands, peddling out their patents, or patents in which Hamner; they became interested, for improved Army machinery and naval S. 7349-. An act granting ·an increase of pension to Luke M. machine1·y, and sold the rights and privileges, with strings tied Lewis; to them, r pre ume, to foreign governments. I say in all seri S. 6372. . An act granting an increase of pension to Marvin ousnes , without intending to impugn anyone's motives, that Osgood; this matter is one that must be dealt with by this Government. S. 6915. An act granting an increase of pension to Samuel G. 1\lr. BURLESON. Were these men educated at the expen e of Healy; the Government? . S. 6916. An act granting an increase of pension to Nathan ID. 1\!r. GAINES of Tennessee. Yes; every one of them. Sto\er; l\Ir. PRINCE. Are they on the retired list and drawing large · S. G325. An act granting an increase of pension to David A. pay as retired officers? Edwards; l\Ir. GAINES of Tennessee. I can't say about :Mr. Munroe or S. G670. An act granting an increase· of pension to Dana H. Mr. Bernadou. I refer to the gentleman alluded to by l\Ir. McDuffee ; Chandler in his report, who had been retired or given a "leave S. 7350. An act granting an increase_ of pension to· Richard of absence " at his request, and dnring this " leave " drew pay Dodge; at $2,500 or $3,000 per year, as in such cases was provided. S. 6733. An act granting an increase of pension to Anna D. 'l'be e are all unpleasant subjects to discuss, but that should Barne ; not deter us from doing our duty and remedying these evils. · S. 6S35. An act granting an increase of pension to George . I am grat"ful to the committee for its courtesy. l\Iy time is Maybury; about consumed. S 3912. An act granting an increase of pension to Nathaniel l\fr. SMITH of Iowa. l\Ir. Chairman, I move that the com Green; mittee do now rise and report the bill to the House, with the S. G963. An act granting an increase of pension to William B. recommendation that the bill do pas . Sayles; The motion was agreed to ; so the committee determined to s. G960. An act granting an increase of pension to Thomas ri e, and the Speaker having resumed the chair, l\fr. MANN·, Asllton; Chai~1ffian of the Committee of the Whole House on the state S. 4033. An act granting an incr_ease of pension to William of the Union, reported that that committee had· had under con Kirkwood; sideration the bill (H. R. 23821) making appropriations for for S. 6573. An act granting an increase of pension to John A. tifications and other works of defense, for the armament Willia.ms; thereof, for the procurement of heavy ordnance for trial and S. 4108. An act granting an increase of pension to Martha 1\1. service, and for other purpo,..es, and had directed him to report Lambert; · the same back with the recommendation that the bill do pass. S. 6050. An act granting an increase of pension to Edward W. The SPEAKER. The question is on the engrossment and Galligan; third reading of the bill, S. 6687. An act granting an increase of pension to Henry W. Tlle bill was ordered to be engros ed and read a third time, Mahaney; wa read the third time, and passed. . S. 75G. An act granting an increase of pension to Jacob Nie- On motion of 1\Ir. SMITH of Iowa, a motion to reconsider the be~; · vote wllereby the bill was passed was laid on the table. S. 3295. An act granting an increase of pension to Anna Wil .liams; MESSAGE FROM THE SENATE. S. 6958. An act gr~ting a.n. increase of pension to Keziah A message from the Senate, by Mr: PARKIN .SON, its reading 'Valker; clerk, announced that the Senate had passed bills of the fol S. 7099. An act granting an increase of pension to Esther A. lowing titles; in which the concurrence of the House of Repre Cleaveland; sentatives was reque ted: s. 6811. An act granting an increase of pension to James Car S. 7105. An act granting an ·increase of pension to Samuel penter, jr.; Baker;· s. 2780. An act granting _an increase of pension to Daniei N. S. 5542. An act granting an increase of pension to Elizabeth l\!cCarter ; · S. Reess; s. 6571. An act granting an increase of pension to William I. s. 1405. An act granting an increase o:f p~nsion to John Ross; · Holley; S. 6722. An act granting an increase of pension to William s. 7056. An act granting a.n increase of pension to Frederick Arnold; Carel; S. 6710. An act granting- an increase of pension to Thomas P. s. 1594. An act granting an increase of pension to 1.\fa;rgaret Way; E. Guthrie; S. 7265. An act granting an increase of pension to John R. s. 3681. An act granting. a pension to Sanford H. Moats; l\!cCoy; s. 5672. An act granting an increase of pension to Felix G. s. 4113. An act granting an incr~ase of pension to Dell E. Murphy; · Pert; s. 1797. An act granting an increase ar pension to John E. s. 7053. An act granting an increase of pension to Solomon Henderson; Draper; s. 6947. An act granting an increase of pension to Charles .1\L s. 7294. An act granting an increase of pension to William P. Brough; . Pattison; s. 5106. An act granting an increase of pension to' John Ads- s. 5854. An act granting an increase of pension to John .W. head; :MeWilliams;

- - 1907_. CONGRESSIONAL -RECOED-· HOUSE. 1221

S. 6708. An act granting an increase of pension to Columbus S. 7623. An act granting an increase of pension to Sa1:ah A. B. Mason; Kumler; S. 64.-59. An act granting an increase of pension to Ellen Car S. 7358. An a~t granting an increase of pension to Da"rid penter; Turner· S. 4769. An act granting an increase of pension to Rosa Olds S. 6408. An act granting a pe:o.sion to Mary Louise 1\-IcLean ; Jenkins· S. 4509. An act granting . an increase of pension to Anna 11!. S. G350. An act granting an increase of pension to Silas G. Loomis; Clark; S. 5886. An act granting an increase of pension to · Anna E. S. 672G. An act granting an increase· of pension to Mary A. Hood; Jackson · S. 7640. An act granting an increase of pension to Stephen S. G35i. An act granting an increase of pension to Andrew J. H. S. Cook; West; S. 7062. An act granting an incre3.se of pension to John 1\Ion: S. G589. An act granting an increase of pension to Washington roe; D. Gray ; S. 3896. An act granting a pension to Mary McGill ; S. 5292. An act granting an increase of pension. to Michael J. S. 6436. An act granting an increase of pension to G_eorge W. Sprinkle; Kelsey; S. 7069. An act granting an increase of pension to Marshall S. 7558. An act granting an increase pf pension to l\Iary JohnNon · Morgan~ . S. 502i. An act granting an increase of pension to Margaret S. 7556. An act granting an increase of pension to Thomas Kenrney; Spanton; _ S. 6588.·· An act granting an i~crease of pension to Arthur S. 2693. An act granting ·an increase of pension to Samuei Hathorn; Wise; . S .. 7192. An act granting an increase - of pension to Noah S. 6633. An act granting. an increase of pension to Benjamin Jan-is; F . Wright; - S. 5023. An act granting an increase of pension to Ruth E. S. 6637. An act granting an increase of pension to Jaines J. Olney; Eubank; S. 7193. An act granting an increase of pension to David C. . S. G933. An act granting an increase of pension to Fredrick Benjamin; Middaugh; S. 6703. An act granting an increase of pension to Joh)l H. S. 7067. An act granting an increase of pension to Edmund Niblock; Fillio; · S. 3320. An act granting an increase of pension to Elias H . S. 3461. An act granting a pension to Helen L. Woodward; Parker; S. 7339. An act granting a pension to Julia C. R. ·Baird; S. 7246. An act granting an increase of pension to William II. S. 7543. An act granting an increase of pension to Robert B. ~~- . 1\lcCumber; S. 4055. An act granting a pension to Nancy J . Mullally; S.-7066. An act granting an increase of pension to Timothy S. 4813. An act granting an increase of pension to Samuel Drew; Doolittle; S. 3583. An act granting an increase of pension to Kate S. 7157. An act granting an increase of pension to Austin S. O'Donnell Wood; Dunning; S. 3319. An act granting an incre.ase of pension to James E. s. 6V36. An act granting an increase of pension to . Robert Croft; Jenkins · S. 4818. An act granting an increase of pension to George W. S. 6937. An act granting an increase of pension to Michael Peabody; Rosbrugh; S. 5190. An act granting an increase of pension to Abby L. S. 6935. An act granting an increase of pension to William R. Brown; Neil; R. 2565. An act granting a p{msion to William P . Parrill ; S. 7161. An act granting an increase of pension to George A. S. 6278. An act granting an inc~ease of pension to Heni·y Tyler; Humble; S. 7060. An act granting an increase of pension to John S. 5580. An act granting a pension to Julia A. Vroom; . Hager; S. 7554. An act granting an increase of pension to Amelia R. S. 6532. An act granting an increase of pension to Joseph Randolph; Daniels; S. 3882. An act granting an increase of pension to . Delphine S. 1516. An act granting an increase of pension to Orlando 0. Darling; Austil;l: S. 6273. An act granting an increase of pension to · William J. S. 7075. An act granting an increase of pension to John S. Wells; - Lewis; S. 7361. An act granting an increase of pension to George S. 7074. An act granting an increase of pension to William Downing; Jenkins; S. 6706. An act granting an in(!reas·e of pension to Jame3 T. s. 6233. An act granting an increase of pension to George E. Stewart; Vanderwalker; S. 6875. An act granting an increase of pension to Lemuel T. S. 362. An act granting an increase of pension to James 1\I. Williams; Bullard; S. 7293. An act granting an increase of pension to Jo.hn S. 7428. An act granting an increase of pension to Heleri C. White; Lettenmayer ; ·S. 7617. An act granting an Jncrease of pension to Victor H . S. 5586. An act granting an increase of pension to Albert F. Coffman; Pepoon; S. 6876. An a<:t gr3,11ting an increase of pension to· Jesse L: S. 6226. An act granting an increase of pension to Mary A. Pritcllard; , . 1\lickler. S. 7513. An act granting an increase of pension to Alexander S. 5699. An act granting an increase of pension to Adelaide M. Cowgill ; . D. Merritt; S. 2259. An act granting an increase of pension to Charles S. 6624. An act granting an increase of pension to Alvin N. · Duby, alias Louis Deshemean; D. Kite; S. 549. An act granting a pension to Louis T. Frech; S. G623. An act granting an increase of pension to Mollie J. . S. 7445. An act granting an increase of pension to Charles J. 1\Ii"i:chell ; · Freese; S. 4404. An act granting an increase of pension to Elizabeth S. 7566. An act granting an increase of pension to John ADs B. Boyle; low; S. 6948. An .act granting an increase of pension to Albert H. S. 7505. An act granting an increase of pension to Michael Nash; Bogue; S. 70V6. An act granting an increase of pension to Margaret S. 5697. An act granting an increase of pension to George H. McCullough ; McLain; . S. 1879. An act granting an increase of pension to Lorenzo F. S. 748t). An ac1 granting-an increase of pension to Byron A. Harmon"; · · · · Williams ; S. 7402. An act granting an increase of pension to Francis H. S. 7489 .· An act granting an increase of pension to Albert C. De Cash·o; Wagher; S. 7353. An act granting an increase of pension to Augusta T. S. 7488. _An act granting an increase of pension t~ William W. Eicllholtz ; . · Putnam; 1222 CO-NGRESSIONAL RECORD-HOUSE. JANUARY 16,

s." GOG-!. An act granting an increase of pension to Silas N. H. R. 10751. An act granting an increase of pension to George Palmer ; W. Harris ; S. G8~0. An act granting ·an increase of pension to Henry M. H. R. 20G17. An act granting an increase of pension to I aac Bullard ; N. S. Will ; S. GD57. An act granting an incre·ase of pension to Hiram II. R. 10531. An act granting an increase of pension to William Siegfried; G. Binkley; S. 748-±. An act granting an increase of pension to Samuel E. II. R. 10970. ~ act granting an increase of pen ion to Eugene Coo"er ; · Demers ; S. G8~7. An act granting an increase of pension to "Theodore H. H. 10755. An act granting an increase of pen ion to Anna J. Sweeting ; Flynn ; S. 2904. An act grapting an increase of pension to David II. n. 20714 . .An act granting an increase of pension to R<:!bert Harvey ; 'l'urley ; S. 7243. An act granting an increase of pension to Justus B. H. n. 20:150. An act granting an increase of pension to John Coomer; Bradley ; S. 7101. An act granting an increase of pension to Catherine II. n.. 7488. An act granting an increase of pension to Jacob Matimore; L. Hatton; S. 1307:· An act granting an increase of pension to Anna B. L. H. n. 15004. An act granting an increase of pension to William Walker; J. ~IcAtee: S. 7177. An ·act granting an increase of pension to Melvin L. H. H. 7-:l:i(). An act granting an increase of pension to George LeSuer, alias James French; c. Dean; S. 6D-:1:3. An act granting an increase of pension to Lewis A. H. R. 8780. An act granting an increase of pension to Levi Grant; Chapman; S. 7335. An act granting an increase of pension to Charles C. H. R. GD11. An act granting an increase of pen ion to William Burt; · J. 'l'urner ; S. G143. An act granting an increase of pension to Thomas J. H. R. 335;3. An act granting an increase of pen ·ion to James NorthTop ; J.J. .Allen ; S. 2104. An act granting an increase of pension to Moses H. n. 10300. An act grunting an increase of pension to Wil- Feyler; liam n. Sears; S. 1172. An aet granting an increase of pension to Asaph II. H. R. 107~:5. An act granting an increase of pension to Howard Witham ; · Bennett ; S. G793. An act granting an increase of pension to Simon Peter H. u. 157G3. An act granting an increa e of pension to Gain- Wallerson; ford N. Upton; .·. S. 6732. An act granting an increase of pension to John Trefry. H R 20G23 An act o-rantino- an increase of 11ension to Jame S .. G139. An act granting an increase of pension to Eliza B. 0. Horbach ; ' ~ o Brust~; . . . I H. R. 24~2. An act granting an increase of pension to Earl K. S. G384. An act granting an mcrease of pensiOn to John Childs; Heath; H. n. 3207. An act granting an increase of pension to Thomas s. G582. An act granting an increase of pension to 1\Iose · Lonergan . Rowell; . H. n. 319;). An act grunting an increase of pension to Milton s. G830. An act granting an increase of pension to Damel L. S. Collins ; Seavey ; ,. H R "2')8 An act granting an increase of pension to Michael s. 7308. An act granting an increase of pension to Page G. Doyie ;. <> - • Po~t~~i4 An act granting an increase of pension to Albert 'I'. H. R. 10364. An act grunting an incr~ase of pension to John P. ,na1:r; · Patterson: s. 4681. An act granting an increase of pension to William s. H. n. 2200. An art granting an increase of pension to Peter Gray; . _ needy· s. GS7l. An act granting an increase of pension to Horace r. H. H. 27G1. An act granting. an increase of pension to Michael Marshall ; . ~Iahoney ; s. 7744. An act granting a pension to Josephine Brackett; H. n. ~8~2. An act granting an increase of pension to Levi S. 7740. An act granting an increase of pension to Dwight Gates; Simpson; H. R. 2900. An act granting an increase of pension to Jacob S. 4756. An act granting an increase of pension to John Kirch; T. Wise; s. 6431. An act granting an increase of pension to R. Smith H. R. 3104. An act granting an increase of pension to Samuel Coats ; Han·ey ; s. G769. An act granting an inci·ease of pension to James T. H. R. 3234. An act granting an increase of pension to Rush McReynolds ; Deskines ; s. 7110. An act granting an _increase of pension to Charles H. R. 3733. An act granting an increase of pension to Simeon Boxrneyer; D. Chelf; s. H:lll. An act granting an increase of pension to Man-in F. H. R. 34lJ1. An act granting an increase of pension to Albert Barton ; and A. Talham ; s. 7337. An act granting a pension to Henry w. Blair. H. R. 34DG. An act granting an increase of pension to Ed,vnru The message also announced tb.at the Senate had passed with- Walton; out amendment bills of the following titles : H. R. 15471. An act· granting an increase of pension to Eli H . R. 13G75. An act to ratify and confirm the acts of the legis- Stover; lative assembly of the Territory of Oklahoma, passed in the H. R. 13455. An act granting an increase of pension to J.o iah year 1905, relating to an insane asylum for the Territory of P. Higgin ·; Oklahoma, and providing for the establishment and mainte- H . R. ~0068. An act granting an increase of 11ension to Wnit- nnnce of an insane asylum for the Territory of Oklahoma at man T. ::\Iatbers; Fort Supply, in Woodward County, Okla., and making appropri- H. R. ~OSOJ. An act granting an increase of pension to Hugh atioils therefor; Blair; . H. R. 1026. An act granting an increase of pension to Thomas H. R. 14543. An act granting an increase of pension to Charles 1\l. Wilcox; Barnell, alias ~icharG3. An act granting an increase of pension to William H. R. 1067. An act granting an increase of pension to Jacob H. Hays ; Bender ; 1907. ·coNGRESSIONAL RECORD-HOUSE. 1223

H. R. 1068. .An act granting an increase of pension to William S. 5542. An act granting an increase of pension to Elizabeth S. S. Quigley; Reess-to the Committe on Invalid Pensions. -H. R. 1673. An act granting an increase of pension to J ennie S. 1495. An act granting an increase of pension to John Hol E. Edson; ley-to the Committee on Invalid Pensions. · II. R. 1687. An act granting an increase of pension to James S. 7056. .An act granting an increase of pension to Frederick C. Daly; . Carel-to the Committee on Invalid Pensions. H. R. 1706. An act granting an increase of pension to George S. 1594. An act granting an increase of pension to l\Iargaret EJ. B. Washburn; Guthrie-to the Committee on Invalid Pensions. H. ri.170D. An act granting an increase of pension to Brice P. S. 3681. An act granting a pension to Sanford H. 1\Ioats-to 1\funns; the Committee on Invalid Pensions. H. R. 1800. .An act granting a pension to Eliza J. Ingle; S. 5672. An act granting an increase of pension to Felix G. H. R. 1891. An act granting an increase of pension to . Simeon 1.\Iurphy-to the Committee on Invalid Pensions. York; . S. 1797. An act granting an increase of pension to John E . II. R. 1904. An act granting an increase of pension to Nelson Henderson-to the Committee on Invalid Pensions. · R. Satterlee; S. 6947. An act gTanting an increase of pension to Charles M . II. R. 1938. An act granting an increase of pension to Thomas Brough-to the Committee ~m Invalid PeJ?-sions. B. Foutty; S. 5106. An act granting an increase of pension to John Ads H. R. 1169 . .An act granting an increase of pension to Oliver head-to the Committee on Invalid Pensions. P. Pierce i · S. 6223. An act granting an increase of pension to William E. H. R. 1249. .An act granting a pension to William R. Fulk ; Cmnmin-to the Committee on Invalid Pensions. H. R. 1372. An act granting a pension to Josephine l. ~ichmond; S. 7162 . .An act granting an increase of pension to William H. H. n. 1500. An ·act granting a pension to Emily J. Sherman ; Sheckler-to the Committee.on Invalid Pensions. H. R.10780. .An act granting a pension to David- Wilborn; S. 6510. An act granting an increase of pension to Sarah R. H . R. 18454. An· act granting an increase of pension to Barlow Williams-to the Committee on Pensions. Davis; S. 7094. An act granting an increase of pension to George B. H. R. 19482. An act granting an increase of pension to Sarah Drake-to the ·Committee on· Invalid Pensions. E. Cannell; S. 59!H. An act granting an increase of pension to George F. H. R. 14298. .An act granting an increase of pension to John Ford-to the Committee on Invalid Pensions. Remick; S. 5836. An act granting an increase of pension to Daniel H. R. 4386. An act granting an increase of pension to Zelinda Loosley-to the Committee on Invalid Pensions. B. Odenbaugh; S. 7378. An act granting a pension to Glles 1\I. Caton-to the H. R. 4648. An act granting an increase of pension to Sarah' A. Committee on Invalid Pensions. Dedrick· S. 7377. An act granting an increase of pension to l\fartha J. H . R. 4656. An act granting an increase of pension to Thomas Collins-to the Committee on Invalid Pensions. Snell; S. G625. An act granting an increase of pension to Anderson H. R. 4663. An act granting :tn increase of pension to Horace Henry-to the Committee on Im·alid Pensions. B. Tanner; S. 6736. An act granting an increase of pension to Charles H~ H. R. 4705. An act granting a pension to Harriet E. Palmer ; Tracy-to the Committee on Invalid Pensions. H. R. 4834. An act granting an increase of pension to Silas V. S. 6800. An act granting an increase of pension to Esther White; Eldridge-to the Committee on Invalid Pensions. H. R.19296. An act granting an· increase of pension to Assov Harelson; s. 6590. An act .granting an increase of pension to Theron H. R. 18742. An act granting an increase of pension to .Martin IIamner- to the Committee on Invalid Pensions: V; Barney; S. 7349. An act granting an increase of pension to Luke M. H. R. 13241. .An act granting an increase of pension to Francis Lewis-to the Committee on Invalid Pensions. Haner; S. 6372. An act granting an increase of pension to 1.\Iat:·vin H . R. 12911 . .An act granting an increase of pension to Am Osgood-to the Committee on Invalid Pensions. . brose S. Delaware; · s. 6915. All act granting an increase of pension to Samuel G. H. R . 19754. An act to provide for the distribution of public Healy-to the Committee on Invalid Pensions. documents to the library of the Philippine government at .Ma S. G916. An act granting an increase of pension to Nathan E. nila, P. I.; Stover-to the Committee on Invaiid Pensions. H . R.19523. .An act to authorize Thomas J. Ewing and George S. G325. An act granting an increase of pension to David A. B. Patton, of Catlettsburg, Ky.; Otto Burger, of Cincinnati, Edwards-to the Committee on Invalid Pensions. Ohio; Herbert Raynard, of Kenova, W. -Va., and Charles 1\filler, S. G670 . .An act granting an increase of pension to Dana H. of Huntington, W. Va., to construct a bridge across the Tug 1\lcDuffee-to the Committee on Invalid Pensions. Fork of the Big Sandy River; and S. 7350. An act granting an increase of pension to Richard H. R. 20069. An act for the opening of 1\facomb street NW., Dodge-to the Committee on Invalid Pensions. District of Columbia. S. 6733. An act granting an increase of pension to Anna D. The message also announced that the Senate had passed with Barnes-to the Committee on Invalid Pensions. amendment bills of the following titles; in which the concur S. 6835. An act granting an increase of pension to George May rence of the House of Representatives was requested : bury-to the Committee on Invalid Pensions. H . R. 3498. An act for the relief of Stephen M. Honeycutt; S. 5912. An act granting an increase of pension to Nathaniel H. R. 8631 . .An act for the relief of James 1\f. Darling; Green-to the Committee on Invalid Pensions. H. R. 3357. An act granting an honorable discharge to James S. 6963. An· act granting an increase of pension to William B. B. 1\Iulford; . Sayles-to the Committee on Invalid Pensions. H. R. 157G9. An act granting an increase of pension to William S. 6960. An act granting an increase of pension to Thomas W. Bennett; and Ashton-to the Committee on Invalid Pensions. H. R. 3980. An act granting an increase of pension to Frank S. 4033. An act granting an increase of pension to WHliam G. Hammpnd. · Kirkwood-to the Committee on Invalid Pensions. The message also announced that the Senate had agreed to s. 6573. An act granting an increase of pension to John A. the amendments of the House of Representatives to joint 'reso Williams-to the Committee on Invalid Pensions. lution and bill of the following titles: S. 4108. An act granting an increase of pension to Martha 1.\I. S. R. 81.· Joint resolution authorizing temporary leaves of rib- . Lambert-to the Committee on Invalid Pensions. sence for. homestead settlers ; and S. 6050. An act granting an increase of pension to Edward W. S. 6578. An act to amend an act entitled "An act to provide Galligan-to the Committee on Invalid Pensions. · for .the appointment of a sealer and assistant sealer of weights S. GG87. An act _granting an increase of pension to Henry W. and measures in the District of Columbia, and for other pur 1\Iahaney-to the Committee on Invalid Pensions. poses," approved 1\farch 2, 1895, and to amend an act amenda S. 756. An act granting an increase of pension to Jacob Nie· tory thereof approved June 20, 1906. bels-to the Committee on Invalid Pensions. · · SENATE lULLS REFERRED. S. 3295. An act granting an increase of ·pension tc Anna Under clause 2 of Rule XXIV, Senate bills of the following Williams-to the Committee on Invalid Pensions. titles were taken from the Speaker's table and referred to their S. 6958. An act granting an increase of pension to Kezlah appropriate committees, as indicated below: Walker-to the Committee on Invalid Pensions. S. 7105. An act granting an increase of pension to Samuel S. 7099. .An act granting an increase of pension to Esther A. Baker-to the Committee on Invalid P

S. 681i. An act · granting nn increase of pension to James S. 5586. Au act granting an increase of pension to Alb~rt F . Carpenter, jr.-to tile Committee on Inyalid Pensions. Pepoon-to the Committee ·on Im·alid Pensions. S. 2780. An act granting an increase of pension to Daniel S. 6226. An act granting an increase of pension to Mary A. N. l\IcCarter-to tile Committee on Im·alid Pensions. l\lickler-to tile Committee on P en ·ion ·. S. 6571. An act granting an increase of pension to William I. S. 56lJlJ. An act granting an increase of pension to Adelaide D . . Ro··s-to the Committee on Invalid Pensions. Merritt-to the Committee on Invalid Pensfons. . S. 6722. An· act granting an increase of. pen ion to William S. 6624. An act granting an increase of pension to .Ahin N. Arnold-to the Committee on Invalid Pensions. D. Kite-to tile Committee on Invalid PenRions·. S. 6710. An act granting an increase of pension to Tilomus P. S. 6623. An act granting an increase of pension to Mollie J. Way-to the Committee on Im·alid Pensions. Mitchell-to the Committee on Invali

S; G70G. An act granting an increase of pension to James T. . S. 7744. An act granting .a pension to Josephine Brackett Stewart-to the Committee on Invalid Pensions. to the Committee on Invalid Pensions. S. 6875. An act granting an increase of pension to Lemuel T. S. 7740. An act granting an increase of pension to Dwight Williarns~to the Committee on Invalid Pensions. Simpson-to the Committee on Invalid Pensions. S. 7293. An act granting an increase of pension to John S. 4756. An act granting an increase of pension to John White-to the Committee on Invalid Pensions. Kirch-to the Committee on Invalid -Pensions. S. 6431. An act granting an increase of pension to R. Smith S. 7617. An act granting an increase of- pension to Victor IJ. Coats-to the Committee on Invalid Pensions. Coffman-to the Committee on Inyalid Pensions. S. 6769. An act granting ·an increase· of pension to James T. S. G87G. An act grantin·g an increase of pension to Jesse L. McReynolds-to the Committee on Invalid Pensions. Pritchard-to the Committee on Invalid Pensions. S. 7119. An act granting an increase of pension to Charles Box S. 7513. An act granting an increase of pension to Alexander meyer-to the Committee on Invalid Pensions. M. Cowgill-to the Committee on Invalid Pensions. S. 1511. An act granting an increase of pension to l\Iarvin F. S. 2259. An act granting an increase of pension to Charles Barton-to the Committee on Invalid Pensions. Duby, alias Louis Deshemean-to the Committee on Invalid ENROLLED BILLS PRESENTED TO THE PRESIDE T FOR HIS APPROVAL. Pensions. .Mr. WACHTER, from the Committee on Enrolled Bills, re S. 540. An act granting a pension to Louis T. Frech-to the ported that this day they bad presented to the President of the Committee on Pensions. - United States, for his approval; the following bills: S. 7445. An act granting an increase of pension to Charles J. H. R. 189. An act to establish a life-saving station at the Isles Freese-to the Committee on Invalid Pensions. of Shoals, off Portsmouth, N. II.; S. 75GG. An act granting an increase of pension to John .Ans low-to the Committee on Invalid Pensions. H. R.14811. An act to authorize George T. Houston and Frank S. 7505. An act granting an increase of pension to Michael .B. Houston to construct and operate an electric railway o>er the Bogue-to the Committee on Invalid Pensions. national cemetery road at Vicksburg, Miss.; and - · S. 5697. An act granting an increase of pen ion to George H. ~· J. Res. 214. An act to provide for the printing of 1G,OOO McLain-to the Committee on In>alid Pensions. cop1es of Senate Document No. 144, Fifty-ninth Congres second S. 7486. An act granting an increase of pension to Byron A. session. ' ,Williams-to the Committee on Invalid Pensions. ENROLLED JO!NT RESOLUTION SIGNED. S. 7480. An act granting an increase of pension to Albert C. The SPEAKER annotmced his signature to enrolled joint Wagher-to the Committee on Inyalid Pensions. resolution of the following title: S. 7488. An act granting an increase of pension to William S. R. 81. Joint resolution authorizing temporary lea>es of ab :w. Putnam-to the Committee on In-valid Pensions. sence for homestead settlers. S. 6964. An act granting an increase of pension to Silas N. COMMITTEE ON EXPENDITURES IN THE DEPARTMENT OF AGRICUL Palmer-to the Committee on Inyalid Pensions. TURE. S. 6820. An act granting an increase of pension to Henry M. Bullard-to the Committee on In>alid Pensions. Mr. LITTLEFIELD. l\Ir. Speaker, I ask unanimous consent · S. 6957. An act granting an increase of pension to Hiram Sieg that the C<;>mmittee on Expenditures in the Department of Ag fried-to the Committee on Invalid Pensions. riculture be authorized _to sit during the sittings of the House. S. 7 484. An act granting an increase of pension to Samuel E. The SPEAKER. The gentleman from 1\Iaine asks unanimous Coover-to the Committee on Invalid Pensions. consent that the Committee on Expe:p.ditures in the Department S. G827. An act granting an increase of pension to Theodore J. of Agriculture be authorized to sit during the sessions of the Sweeting-to the Committee on Invalid Pensions. House. S. 2904. An act granting an increase of pension to Dayid Har 1\Ir. SHEPPARD. Mr. Speaker, reserving the right to ob vey-to the Committee on Invalid Pensions. .ject, I want to ask the gentleman if he expects to make a report S. 7243. An act granting an increase of_pension to Justus B. during this session of Congress? Coomer-to the Committee on Invalid Pensions. · Mr. LITTLEFIELD. We shall make a report if we succeed S. 7101. An act granting an increase of pension· to Catherine in completing the investigation that we are now making. . We 1\Iatimore-to the Committee on Invalid Pensions. ha>e had half a dozen sessions and developed about 1,500 pages S. 1307. An act granting an increase of pension to Anna B. L. of testimony when it is printed. We will make the report as _,Yalker-to the Committee on Invalid Pensions. · soon as-we can get at it. S. 7177. An act granting an increase of pension to Mel>in L. 1\lr. SHEPPARD. I want to express the hope that other Le Suer, alias James French-to the Committee oil Pensions. committees on expenditures in the Departments will follow the S. 6D43. An act granting an increase of pension to Lewis A. good ex:ample of the Committee on Expenditures in the Agricul Grant-to the Committee on Invalid Pensions. tural Department. Mr. LITTLEFIELD. That is something, of course, with S. 7337. An act granting a pension to Henry W. Blair-to the which we ha>e nothing to do. Committee on In>alid Pensions. The SPEAKER. Is there objection? [After a pause.] The S. 7335. An act granting an increase of pension to Charles c. Burt-to the Committee on Invalid Pensions. Chair hears none. S. 6143. An act granting an increase of pension to Thomas J. BRIDGE ACROSS THE COLUMBIA RIVER, IN THE STATE OF WASHINGTO-. Northrop-to the Committee on Invalid Pensions. 1\Ir. JONES of Washington. 1\fr. Speaker, I ask unanimous S. 2104. An act granting an increase of pension to Moses consent for the present consideration of the bill (H. R. 23560) Feyler-to the Committee on Im·alid Pensions. to authorize the construction of a bridge across the Columbia S. 1172. An act granting an increase of pension to Asaph H. River between Benton and Franklin counties, in the State of Witham-to the Committee on Invalid Pensions. Washington, by the North Coast Railroad Company. S. 6793. An act granting an increase of pension to Simon Peter The Clerk read the bill at length. Wallerson-to the Committee on Invalid Pensions. The SPEAKER. Is there objection to the pre ent considera S. 6732. An act granting an increase of pension to John tion of the bill? Trefry-to the Committee on Invalid Pensions. There was no objection. S. 6139. An act granting an increase of pension to Eliza The bill was ordered to be engrossed and read a tllird· time, Brusie-to the Committee on Invalid Pensions. was read the third time, and passed. S. 6G84. An act granting an .increase of pension to J o.bn BRIDGE ACROSS COLUMBIA RIVER. Heath-to the Committee on In>alid Pensions. · S. 6582. An act granting an increase of pension to .Moses Row Mr. JONES of Washington. Mr. Speaker, I ask unanimom; eli-to the Committee on Invalid Pensions. consent for the present consideration of the bill (H. R. 2H5G1) · S. 6830. An act granting an increase of pension to Daniel L. to authorize the construction of a bridge across the Columbia Sea>ey-to the Committee on Invalid Pensions. River between Wallawalla and Benton counties, in the State S. 7398. An act granting an increase of pension to Page G. of Washington, by the North Coast Railroad Company, which I Potter-to the Committee on In>alid Pensions. send to the desk and ask to have read. S. 6914. An act granting an increase of pension to Albert T. The Clerk read as follows : Barr-to the Committee on Invalid Pensions. Be _it enact~d, etc., That the North Coast Railt·oad Company, a cor poratiOn existm~ under the laws of the State of Washington, its suc S. 4681. An act granting an increase of pension to William ~ cessors and assigns, be, and they are hereby, authorized to construct Gray-to the Committee on Invalid Pensions. a~d maintain a bridge and approaches thereto across the Columbia River from some convenient and practical point to be selected on the S. 6671 . .An act granting an incrE!ase of pension to Horace P. east bank of said river in Wallawalla County to some convenient and Marshall-to the Committee on In>alid Pensions. practical point on the west bank vf said river in Benton County, in the ·1226 CONGRESSIONAL RECORD-HOUSE. JANUARY 16,

State of Washington, for the passage of railroad trains and, at lhe option of said company or corporation, its successors and assigns, for think I ought to touch upon. This bill carries an appropriation the safe and convenient passage of wagons and vehicles of all kinds, of about $10,000,000. That is $200,000 less than the appropria animals, and foot passencrers, at such reasonable rates of toll as mav tion ·last year, but the committee can not properly claim that it be fixed from time to time by the Secr~tary of War, in accordance with .bas ecopomized ·to that extent. On the contrary, we mu t ad- . the provisions of the act entitled "An act· to" regulate the construction of bridges over navfgable waters," approved March 2&, 1006. .mit that the appropriations this year for the current expenses of SEC. ~- That the right to alter, amend, or repeal this act is hereby the District are much larger than they were last year, and this expressly reserved. · apparent :reduction comes from the fact that the extraordinary . The amendments reconpnended by the committee were read, expenses which have been consuming so large a portion of the as follows: District. revenues for the last five _;years nre approaching their Strike out all of line 11, page 1, after the word "Washington," .and completwn. We have undertaken within the last few years on page 2 strike out lines 1, 2, 3, 4, and the words "of War" in line 5. ·several very large projects, -which under the ordinary custom of The SPEAKER. - Is there objection? municipalities would be paid for by the issue of bonds. There -Thre -w:1s no objection. was the sewage-disposal system, for instance, which took about The SPEAKER. The question is on agreeing to the amend $5,000,000. There was the Union Station, with the changes of ments. grades connected with it, -which also took about $5,000,000. ·The question was taken; and the amendments were agreed to. There wns the new municipal building, .which took two millions The SPEAKER. The question now is on the engrossment and n half, and there was the new filtration plant, which took and third r~ading of the bill. n bout three millions. The bill was ordered to be engrossed and read a third time, Then, there was the highway bridge across the Potomac, which read the third time, and passed. too!r $1,200,000, and there was ~be _Connecticut A venue Bridge, On motion of 1\Ir. JoNEs of Washington, a motion to recoH which took about $800,000, makmg m nll a total of some -seven sider the lust vote was laid on the table. teen or eighteen millions of dollars of whnt .would be called ELEVATOR AND GRAIN-BUYING BUSTh"'ESS. permanent improvements, which would ordinarily be paid for Mr. PERKINS. 1\Ir. Speaker, I call up the Senate concurrent by bonds, but which we have paid for as far as possible as cur r esolution 36, -which I send to the desk and ask to have read. rent expenses. Naturally it was impossible for the District to The Clerk read as follows : pay all of these out of its income. So the plan was evolved that our partner in District business, the United Stutes Government Senate concurrent resolution No. 36. which pays one-half of all the expenses of the District should Resolved by the Senate (the Ho,use of Rep1·esentatives concurring), ·That there be printed for the use of the Senate and Hou e of Repre pay its· half of all these cun-ent expenses outright a~d then sentatives 3,000 copies of the testimony taken in the investigation pur- _s hould advance to the DistTict money sufficient to pay the Dis . suant to Senate resolution of June 2;5, 1906, directing the Interstate trict's half of these cm·rent expenses, without any bonds and · Commerce Commission to make a thorough investigation of the elevator and grain buying and forwarding business of this country to deter-mine upon payment of 2 per cent annual interest. That has been car to .what extent special favors have been granted to them by railroad ried on now for several years, and there is now due the United companies, tbe influence which the alleged monopolizing of this branch States for these advances nearly $3,000,000. These· extraordi ·of business has had upon the market, the injury it has worked to the grain producers, tbe extent to which the raili·oads, their officers, di nary expenses, however, have come to a completion, with the ex-: rectors. stockholders, and employees own or control -the grain-buying ception of about $550,000 which come into this year's bill and and grain-forwarding companies, and the manner in which these rail which will complete the municipal building, and with the excep- roads, their officers, directors, stockholders, and employees secured hold ings, if any, in these grain buying, storing and forwarding companies, ·tion of about $800,000 which is still due upon the Union Station. and to report the same to the Congress at Its1 next session, 1,000 copies So that after this year's bill, which appr opriates the $550,000, for tbe use of the Senate and 2,000 copies for the use of the House of Representatives. there will be only about $800,000 which will in the ·future be due upon extraordinary expenses, unless, of course, Congress l\Ir. PERKINS. Mr. Speaker, I move the adoption of the Sen should decide that we should U.ndertake some new improvement. ate resolution. _ Consequently we can hope very E"oon to begin to pay off this The SPEAKER. The question is on the adoption of the reso $3,000,000, and, in fact, the bill this year, if it shall not be in lution. creased in the Senate, will have a balance of about $600,000 The question wns taken; and the resolution was agreed to. toward decreasing that sum which is due the General Govern DISTRICT OF C~LUMBIA APPROPRIATION BILL. ment, and at that rate in four or five years we could expect to Mr. GILLET'l'. Mr. Speaker, I move the Honse resolve itself pny off what might be called our "floating indebtedness" and into the Committee of the Whole House on the state or the once more be solvent and ready to expend all our income upon Union for the consideration of the' bHt (H. R. 24103) making the current expenses of the government. There is besides this appropriations to provide for the expenses of the gover-nment of n permanent debt of about $11,000,000 for which bonds were the District of Columbia for the fiscnl year ending June 30, issued some thirty years ago and which is gradually in the 1908, and for other purposes. Pending that motion, I ask unani process of extinction. Now, in our appropriations this year we mous consent that the time for gene_ral debate be equally divided have thought that the streets of the city were in such condition between the gentleman from Texas [l\!r. BURLESON] on behalf of that they justified and demanded a large appropriation, and the minority and myself on behalf of the majority. therefore we have appropriated $300,000 for the permanent re The SPEAKER. The gentleman from Massachusetts, pend pairs of the sh·eets, the full sum that is asked for by the Com ing a motion to go into the Committee of the Whole House on missioners. We have also very much increased the expenditure . the state of the Union, asks unanimous consent that the time for for school buildings, because the buildings are crowded. The general debate be controlled by himself one-haif of the time compulsory-education bill which was passed at the last session and one-half by the gentleman from Texas [Mr. BURLESON] . Is of Congress necessarily largely increased the number of schol there objection? . ars, and therefore we have appropriated over $500,000 for new There was no objection, and it was so ordered. schoolhouses ; and the expenses for the schools, paying school The SPEAKER. The question now is on the motion of the teachers, for the police, and for the fire department are all neces gentleman from Massachusetts that the House resolve itself into sarily much larger than this year bec..•tuse of the legislation which the Committee of the Whole House on the state of the Union was passed last yeru· increasing salaries. for the consideration of the District of Columbia appropriation There is only one other item which I think is of such intel'est bill. or might excite such difference of opinion that I feel I ought to · The question was taken ; and the motion was agreed to. state it to the committee, and that is the appropriation we have Accordingly the House resolved itself into the Committee of made of $75,000 for the purchase in three different parts of the the Whole House on the state of the Union for the consideration city of. three playgrounds. _This playground question is one of the Dish·ict of Columbia appropriation bill, -with l\Ir~ MANN which has recently come to the fore in large cities in connection in the chair. with the education of children. It is a question which per Mr. GILLETT. l\fr. Chairman, I ask unanimous consent that sonally I have not had much sympathy with, but I find that the the first reading of the bill be dispensed with. persons who have most studied the subject, and for whose The CHAIRl\I.AN. The gentleman from :Massachusetts asks opinions l have most respect, are thoroughly in favor of pub unanimous consent that the first reading of the bill be dispensed lic playgrounds, and arguments -were advanced sufficient to with. Is there objection? convince me that it was wise -we should make this appropri There was no objection. ation. We appropriated for one lot of land in Georgetown, 1\fr. GILLETT. .Mr. Chairman, I shall occupy the attention which will cost about $25,000 and which has about 2 acres, for of the House a very few minutes in explaining the general fea a plat of land in the northeast section of the city which has tures cf this bill. There is never much in the District of Co about 3 acres and which will cost about $30,000, and for a \:tact lumbia appropriation, of course, which is of general interest to of about 1 acre in the southwest section of the city which the llom;e, but I think there is quite as little as usual in this will cost about $20,000. The theory upon which -we recommend· particular bill. The question of the finances of the District I . this is that, although this is a city of broad streets, Jet the 1907.· CONGRESSIONAL RECORD-- HOUSE. 1227 police regulations. do not allow the children to play ball or in this city as compared to what other cities of equal size were dulge in sports on the street, and, moreover, we felt that the paying? streets are not the proper place for the children to take their 1\Ir. GILLETT. The committee were rather fore talled this outdoor exercise, and if without di proportionate expense we year, to tlleir surprise, in doing that, becau e by a provision can provide the school children a place where they can be in the which was put into the bill before I was on tile committee there open air for healthful exercise I consider it to be an advantage is authority given to the District Commissioners to make a three to their health, their morals, and probably their studies ; also year's contract for lighting, which has never been ' exercised be to give them this outing. When the items of the bill a·re read fore; but this year, on the 1st of July last, the District Com of course they will be open for discussion, and unless there is missioners made a tilree year's contract for all the gas lamps, information anyone desires, I have nothing more I care to sug and consequently we have notlling to do except to appropriate. gest in general debate. They bad that authority. They have made a "tery much better :Mr. JOHNSON. I would like to ask the gentleman some conh·act, howe\er, I will say than they have ever been able to questions. make before, and they have no flat-flame gas-burners now, but 1\Ir: GILLETT. Certainly. they are all mantel flames, which give a very much better light, 1\Ir. JOHNSON. Does the gentleman kno·w 'vhat the water and they have secured· a price which is Yery much lower than plant in the city of Washington cost? they had ever secured before, and lower than tlley told us last :\Jr. GILLETT. What it cost originally? year was possible. 1\Ir. JOHNSON. Yes. 1\fr. JOHNSON. They are asking for authority to make a 1\Ir. GILLETT. No; I can not give the gentleman that three year's contract in regard to other lights, are they not? figure. I can easily ascertain it, but I do not carry it in my 1\Ir. GILLETT. I do not know. They have not asked our head. committee; at least I do not remember that they asked it. If ~Jr. JOIINSON. Well, I looked into the bearings for those they did, it was not granted. fiuures and could not find them. Is it true that it takes all the 1\lr. JOHNSON. I understood they wanted to make a three- revenues derived from the water department to pay the ex year contract with the arc-light people. · penses of operating that plant? Mr. GILLETT. Perhaps they did. It was not granted, if 1\Ir. GILLETT. Oh, no; it does not take nearly all, but there they asked it. has been a provision in tQ.e bill for a number of years that the 1\Ir. PRINC.E. Will the gentleman yield for a question? balance of receipts over expenses can be applied to the exten Mr. GILLETT. Certainly. sion of what is called the " high-service system," and each year 1\Ir. PRINCE. I think the gentleman stated the committee a large sum is from this revenue appropriated to -extend the had favored a plan of paying out of the Treasury the half of the service. I think in the last ten years about $2,000,000 llave expenses of making certain improvements in the District of been paid from the revenues and appropriated to tlle extension Columbia, and hit upon a plan of advancing the half that the of the system. r . ·District should pay, and that the District in turn should repay - :Mr. JOHNSON. How long will it be under this plan under to the Treasury the amount advanced, with an annual interest which you are operating before the system will be complete? of 2 per cent. How long has this practice been in operation? Mr. GILLETT. It depends on how fast the city grows, of Mr. GILLETT. It was adopted in· 1901, at the time these course. If the city had remained stationary, it would have large permanent improvements were entered upon. been completed long before this, but if the city keeps growing, Mr. PRINCE. Is there any sinking fund created out of of course our water system has got to keep growing propor which this money can be repaid? · tionally. 1\Ir. GILLETT. No; it is paid right back to the Treasury l\fr. JOHNSON. Does the gentleman know h(}.w the water each year out of the surplus there is at the end of the year rates in Washington compare with the water rates in other from the appropriations. It is applied to the payment of the cities o! similar size? , debt. .Mr. GILLETT. No; I can not tell the gentleman that ex 1\Ir. PRINCE. If there should be no surplus, then there is actly. It came up last year. I remember the rates were low, nothing applied? but the figures I do not remember from last year. l\Ir. GILLETT. There is nothing applied. Mr. JOHNSON. I want to a k the gentleman another ques Mr. PRINCE. If there is a deficiency, then we will have to tion in regard to another matter, namely, in regard to the play make it up. grounds. Does the gentleman think that the same reason that . 1\fr. GILLETT. The debt is increased so much. It was pro has brought about the purchase of playgrounds in cities like vided, I will say to the gentleman, in the original bill, and has New York and Chicago, where streets are naiTOW and crowded, been carried so e-rer since, that they shall be made up in five apply to a city the halt of which is already in parks and open years. But the gentleman sees that five years have already spaces? gone by and it has not been paid. 1\fr. GILLETT. I recognize th-at Washington does not need 1\Ir. PRINCE. It started in 1901 and this is 1907, and it is it nearly as much as these large congested cities. Washington not made up. How much balance is there behlnd unpaid? of cour e, is a city of broad streets and of parks, but of com·s~ l\Ir. GILLETT. About $2,900,000, and at the end of the year these little parks are not really playgrounds for children, ex there will practically be $3,000,000. cept the very small children, who can just walk around with 1\ir. PRINCE. Has the interest been paid promptly? their nurses. And in the places where we have located these 1\ir. GILLETT. Oh, the United States helps itself to the playgrounds, in Georgetown, in the southwest, and i.n, the north interest. The 'money is all in the Trea ury, and the United east, there are no playgrounds of any size near the spots which States helps itself to the interest out of the annual receipt of we have selected. • the Dish·ict. :Mr. PARSONS. No parks? . 1\fr. PRINCE. In advance, or after the current expenses baye 1\fr. GILLETT. No parks. There is one in the southwest, been paid and there is a surplus? but it is a very small one. l\Ir. GILLETT. Not in advance. 1\fr. JOHNSON. Is the land that is to be purchased for the l\Ir. PRINCE. If there is a surplus, it pays itself the interest. purpose of playgrounds reasonably worth on the market the 1\Ir. GILLETT. It pays itself the intere t any,yay; and then, prices that it is expected to pay? if there is no surplus, as has been the case for seyeral years, 1\:lr. GILLETT. We were informed that they were very good it llas that as a deficiency, and the debt already due is increased investments, and with me that weighed som~thing. Although it thereby. is hardly proper to ever say that land is a good investment for a Mr. PRINCE. In making up- the deficiency, in making up city, because, of course, we are never going to sell it, but if they the budget for the ensuing year, do you take into con ideratiou were abandoned as playgrounds, they would be useful for tile fact that they are behind in ·interest and in principal? building . · 1\Ir. GILLETT. We are never behind in interest. 1\lr. JOHNSON. Of course, it is only a question of whether Mr. PRINCE. But we are behind in principal. it will be dearer later. 1\Ir. GILLETT. Certainly. 1\fr. GILLETT. I think it will be yery much dearer. The 1\Ir. PRINCE. In making up that does the Government pay one we got in Georgetown is an old cemetery. It is right in half and in that way whittle it down and eventually pay it the midst of the thickly grown part of the city. As the gentle itself? man knows, there are no parks there to speak of. This is an 1\lr. GILLETT. Oh, no; the Government does not pay any old cemetery which the church is willing to sell· and which we part of this. The District pays this full indebtedness, interest are told we are getting at a very reasonable price. And the and all. other lots we were convinced were excellent purchases. 1\fr. PRINCE. Then,-as I understand, you haye no ·security 1\Ir. JOHNSON. Another thing I want to ask tile gentle other than the surplus? man about. Did the committee look into the cost of lighting Mr. GILLETT. Why, the Government has perfect security. 1228 CONGRESSIONAL RECORD-HOUSE., JANUARY 16,

The Government pays .itself. The .Government is making the 1\Ir. GILLETT. I do not think so. They have told us that appropriation, and the Government can help itself any time it we·could get a clear title. . pleases. · 1\fr. B.A.L~NON . Against all persons wh3.tsoever? 1\fr. PRINCE. Certainly. By making larger appropriations? Mr. GILJ.JJDTT. Against everybody. Mr. GILLETT. Yes. Mr. BURLESON. 1\ir. Chairman, I have no .disposition to Mr. PRINCE. .And having a surplus? discuss the details of this bill. If I felt so inclined, it would 1\fr. GILLETT. The smaller .appropriation made-- be unnecessary to do so after the very clear and comprehensive 1\Ir. PThiNCE. And in order to have a surplus the Govern statement ·which has been submitted to the committee by the ment would make a larger appropriation? gentleman who so ably presides over the subcommittee which Mr. GILLETT. The smaller the appropriation to current ex- bad charge of its preparation. ·. penses-- I do desire, however, to submit to this committee a few l\Ir. PRINCE. Would make a surplus? thoughts which occurred to me during the time the subcommittee Mr. GILLETT. Would mnke a large surplus. was engaged in the preparation of this measure, and I offer these l\Ir. PRINCE. In what way? · suggestions with diffidence to the gentlemen who compose the Mr. GILLETT. The less we appropriate for expenses the District Committee and who are directly chargeable with the re- larger the surplus. If our revenues are $11,000,000 and we ponsibility of suggesting legislation in the interest of the Dis only appropriate $8,000,000 to current e:Arpenses, that leaves a trict of Columbia. surplus of $3,000,000. 1\Ir. Chairman, in the early days, while .the Continental Con Mr. PRINCE. Yes; I ·see that. gress was holding its sessions in the city of Philadelphia, it was Mr. GILLETT. This year we leave a surplus of about half so persistently and constantly annoyed by the actions of nn or a million dollars-$600,000. ganized mob which assembled near the house where the Congress 1\Ir. PRINCE. Now, asking you of the working of this ar was assembled that it was compelled to adjourn and take ref rangement, in your opinion, do you think it wise for the Govern uge in an adjoining State. ment to lend its money to cities and take security and receive It is believed that these facts were fresh in the recollection of therefor an annual interest of 2 per cent? the fathers when they were called together to frame the Consti Mr. GILLETT. Oh, no; I do not think it .should be done tution (the Constitutional Convention consisting largely of mem with any other: city. · bers who constituted the First Congress), and they embodied in Mr. PRINCE. That is what we are doing for the District the organic law a provision that 10 square miles, to be ceded by of Columbia. certain States, should become the seat of go-vernment, over 1\fr. GILLETT. Why, of course, the Government is a partner which the Congress should "exercise exclusi>e legislati>e juris of the District. And, moreover, as the gentleman under diction in all cases whatsoever." To this Eection in the first · stands-- article of the Constitution we look for our authority to legislate Mr. JOHNSON. A very generous arrangement. for the capital city. By its terms the grant of power to leo-is Mr. GILLETT. Very. This year we make an appropriation late is as broad and sweeping as language can make it. This for these permanent improvements for the Dish·ict of Columbia exclusive authority to legislate for the District of Columbia car of only $550,000, and they ought to be paid for in about six ries with it, of course, tbe responsibility which the Congress years. ought not to evade-to devise for the District the very be.3t gov · Mr. PRINCE. The only criticism I have of the scheme is that ernment possible. it does not work. It was proposed to work out in five years, Since the seat of the National Government was estalJli bed but instead of doing so there is an indebtedness from the Dis here many plans for the government of this Dish·ict have been trict to the General Government in the neighborhood of $3,000,- suggested and several tried. For nearly three-quarters of a 000. It is a good deal like stepping up one step and slipping century the affairs of the municipality, if I might so term it, back two. were administered by direct legislation on the part of Congress, Mr. GILLETT. It is not my province to defend that original at the end of which time t1ie bonded indebtedness of the city ag provision, for I had nothing to do with it; but I do not think gregated in amount a little in excess of $3,000,000. At that it is fairly subject to the criticism the gentleman makes, for time, in 1870, the amount necessary to meet the current eA-]H~nses this reason, tnat when it started it was not supposed that so of the city was about 2,000,000, and approximately this amount many of these very larg~ permanent improvements would be was carried in th.e appropriation bills to meet this purpose. indulged in. But year by year we have gone on and undertaken In February, 1871, after. the enfranchisement of the negro · one by one these very large and expensive permanent improve another system of government for Washington City was devised ments. At the same time, as I say now, we are entirely at the by the Congress. Provision was made for a governor, a board end of them, and unless Congress decides to go into some other of public works with defined powers, and a legislative a sem similar large permanent improvements, if we keep on at the bly. I will not at this time attempt a characterization of . the same rate, there will be a large sum every year to reduce this go-.;-ernment given the taxpayers of this District, and unde.r ·this debt. Last year we reduced it about half a million dollars, and plan, but suffice it to .say that at the end of a little more than we will do as well or better this year. three years the bonded indebtedness of this city had been in Mr. BANNON. 1\Ir. Chairman, have options been secured creased to a degree without a parallel in the history of the upon these .different tracts of land which are proposed to be ci-vilized world. When its · bonded indebtedness had. reached used for playgrounds? a sum in excess of $23,000,000, the Congress, which wa . • of l\1r. GILLETT. No; we do not limit them to any particular course, responsible for the form of government . under which spot, so if the price is put up on us, the Commissioners are not this great increase bad been brought about, was confronted with obliged to take that land. the nece sity of doing something. The air was filled with Mr. BANNON. Then the three tracts that the gentleman rumors of the corruption, the rottenness and thievery of those mentioned will not necessarily be the ones that may be pur who were in charge of the city's affairs. 'l'he taxpayer was chased if the appropriation· is made? . helpless. No honest man would undertake to defend wllat had Mr. GILLETT. Not · necessarily, because if the price is taken place; in fact, no one could be found who would even raised to an unreasonable figure, the Commissioners would not attempt a justification of the continued existence of such a buy the land. go-vernment, and, in a moment of desperation, the ongress. 1\Ir. BANNON. Are the Commissioners of the opinion that wiped it out completely-abolished it-and provided for the the prices set on this land are reasonable· prices? government of the District by three Commis ioners, declaring Mr. GILLETT. They thought they were very reasonable. at. the time that it was a temporary expedient--only a tempo 1\Ir. BANNON. Were any affidavits or appraisements sub rary plan. This was in 1874, and at the time this action was mitted to the Commissioners or by them? taken a select committee consisting of member of both parties Mr. GILLETT. Not submitted by them. was appointed for the purpose of giving careful consideration to Mr. BA..~ON. Do I understand this cemetery that it is con the subject-matter and reporting back to the Congress a per-. templated to purchase for a playground has ·been used as a manent system of government for the District of Columbia. burying gr-ound? . This select committee considered the matter for four yea.rs 1\Ir. GILLETT. Not for a great many years. It is an old before it brought before the Congress the fruit of its labors. In disused burying ground belonging to a church. . . its first report provision was again made for a representative 1\Ir. BA....~NON. In the event that the Government should government or a legislative assembly for the District of Columbia. buy the title to that cemetery from the church, which, I pre For reasons which it is now unnecessary to discu s tbe bill met sume, would have to be done under court proceedings, might with an overwhelming defeat. It was recommended that the there not be some claims set up by the families of those buried three Commissioners be selected in this way: One, the Engineer. there for cerpun rights in this burying ground? Commissioner, to be named by the President, one to be elected by

- 1907. CONGRESSIONAL RECORD- HOUSE. ·1229 ~ ------·- the :Members of the· House, und the other to be elected by the cause we-are paying only half, and when we secure this we Senator . After much discussion this recommendation was re will not have then paid as our part as much as a cheaper im jected, and finally the Congress, vested as it is with the exclu provement would hav-e cost if we· were bearing the cost of it sive right of legi lation within this territory, and therefore alone. Natuaraiiy this tends to extravagance, as every thought- charge::tble under the Constitution with t_he responsibility of ful person must admit. · fashioning the best government it is capable of devising for the Furthermore, Mr. Chairman, in this District the taxpayer is District of Columbia, notwithstanding the fact that every y-estige relieved of many burdens imposed on those living in other cities. of popular government was practically eliminated from the He1·e they are not called upon to aid in the support of a dupli plan, suggested the adoption of the present ~ystem of go1ei·nment cate or triplicate set of officials as residents · of other cities are; for the District of Columbia. When it acted in tile discharge they hav-e no machinery of State government or county govern of this solemn duty, it recognized that there were defects in the ment to maintain, and, moreover, for some unknown reason, tb~ plan adopted. · taxpayer here escapes a part of the bm·den of taxation laid on Mr. Chairman, I am afraid the time bas not yet arrived when residents of municipalities elsewhere, as I understand it. Here the defects in this plan can be remedied. . In fact, I know ·ttmt, a tax is laid on real estate and household effects (with certain for reasons w)licb it is unnecessary for me to state, the prin e:xemption.s) and tangible personal property. No tax is laid on cipal defect in the plan of go1ernment for this District nnder moneys, credits, notes, mortgages, stocks, or bonds. And the existing conditions can not be eliminated. truth is, if .this condition continues, in my opinion this city The Commissioners at present, if I may use the term, are an will become a veritable place of refuge for the tax dodgers of u irre ponsible " body. They are not elected by the people, they our country. It is said they are already beginning to gather are not elected by the Congress, as was first suggested by-the here. Time and time again attention bas been directed to this select committee in their report made in 1S78, but they are ap matter, but ·nothing has been done. I repeat, with all these pointed by the President, and, of course, are responsible only favorable conditions the residents of the District naturally favor to -the President. Our President is a v-ery busy official; either large appropriations for the District, as the burden of paying he is attempting to reform the mother tongue by Executive order their share of same rests but lightly upon them. or directing who shall enter the public schools in California or I do not hesitate to say, .1\Ir. Chairman, that in my judgment advising against the dangers of race suicide by intimating to the time bas come for a readjustment of the financial arrange the beads of households in this country bow many children ment between the General Government and the District of Co should be found therein, so that he has no time to give atten lumbia. At the time that the bill providing for the so-called tion to the affairs of the District of Columbia, and consequently "p-ermanent system of government for the District of Colum one can see that the Commissioners are practically not respon bia" was under consideration, the contention was made that sible to any authority. If it were pos ible to provide for the because the value of the real property owned by the citizens of election of these Commissioners, adopting in the District of the District of Columbia and the property owned by the Gen Columbia a suffrage qualification Hke that existing in South eral Government was appro:ximately the same-the value owned Carolina or Mississippi (or it may be like 1\Iassacbusetts ; as by the Government at that time being estimated at $9G,OOO,OOO, I now recollect the provisions of its constitution, I believe it as I now recollect it, and the real property owned by the indi requires a poll tax and an educational qualification), the prin vidual citizens, real estate, at $95,000,000-tbe expenses of the cipal defect in its plan of government will have been removed. District Government should be borne equally by the General Mr. Chairman, if we could provide for the election of the Com Government and the District. But in estimating the property missioners by the people, thereby making them responsible to owned by the General Government. the value of t.be sh·eets and the people for their action,. and then v-est them with a larger avenues was estimated and added to the value of the lots and discretion and a larger power in the management of the affairs squares owned by the Government for public purposes, and it of the District, I do not hesitate to say that the Congress of the was upon that basis that the contention was made that the Dis United States would, in my humble opinion, measure up to the h·ict of Columbia should only share one-half the burden of the full responsibility that rests upon it to give this city the best expense of maintaining the District government. The injustice government that could be devised by the assembled ·wise men of of this contention is manifest to any fair-minded person. the nation. But, Mr. Chairman, we know that this can not be The contention at that time was also made or, rather, plea done at this time. I believe in time it will be done, but not was put forward, that the General Government should assume now. 50 per cenf of the expenses of the District government because Another reason why I think the present arrangement, under the bonded indebtedness of the city bad become so· great under which the General Gove~nt pays one-half the expense of the the government imposed upon it by Congress that with the levy District government, is disadv-antageous is that it encourages of the maximum tax authorized by the bill it would provide extravagance. There is a condition here found in no other only sufficient revenue to meet the interest on its bonded in municipality in the country-a condition which seems unlikely debtedness and maintain the public schools, and consequently to change and, in my opinion, as long as the present arrange there was an absolute necessity for the General Government to ment continue , will not change. Every suggestion offered look shoulder one-half of the burden of the District government. ing to the expenditure of money in connection with the District Notwithstanding these misleading contentions . and baseless government is given prompt approval by every person living in pleas, we find that at that time some of the most thoughtful the District. I challenge any Member under the sound of my men in Congress protested against fixing 50 per cent as the part voice to show or to make known if he ever heard of a suggestion the General Government should bear of the District government . made looking to the expenditure of money within the District of expenses. Columbia, regardless of what it was for or whether it came A glance at the roll call, where they registered themselves from a Republican source, a Democratic source, o1· a Socialistic against it, will show that among them were Mr. Reed, of Maine ; source, that was opposed by anybody who lived within the limits Mr. Blount, of Georgia; 1\Ir. Cox, of New York, and·Ur. Rea-gan, of the District of Columbia. _ of Texas who, with many others, contended that 25 per cent And why should they? They bear only one-half the burden of was a sufficient amount for the Government to pay toward this the expenditure to be made, and inasmuch as the inhabitants of city's general expenses. the District are to be the beneficiaries ?f the whole expenditure, 1\Ir. Chairman, the select committee which had been appointed why of· course they are not opposed to 1t. by the Congress to consider and report upon a perm!!.Ilent system It is natural, perfectly natural, and I do not think the Corn of gov-ernment for the District of Columbia, bad in its report missioners of the District are so veTy bl::una.ble when they em recommended that 40 per cent be ..the amount fixed to be paid phasize their recommendations-as they always do-for the rap- by the General Government toward the expenses of the District idly increasing appropriations called for to support the city government. There is no doubt in my mind that but for the government. I have been impressed with the earnest desire of fact that Congress felt responsible, or, ·rather, its conscience the Commissioners to make their estimates just as close as was being pricked with the thought that the corrupt govern possible so as to cover the maximum of revenue to be raised ment of its creation bad brought woe to the District. aided very within the District, multiplied by two, thus reaching as far into materially in inducing it to assume the burden for the General the 'Treasury as they can. · Government it did when it agreed for the time being to pay The necessity for economy as far as the District people are one-half this city's expenses. ·concerned is rarely voiced in the room where the bill under Washington at that time was a city of approximately only consideration is prepared-and naturally so. To illustrate my 140,000 inhabitants. The statement was made in the course ot meaning : Suppose the improvement of a street is under con the debate on· this subject that ultimately it would become a sideration. In any other city the controlling idea would be great city, and the answer was that then a change could first, what is necessary to be done; second, bow can the ini: be made. We see the aspiration of this city manifesting itself provement be most economically made? Here the idea seems through the columns of its newS-papers-there is a call for a to pe, let's have the finest possible improvement made, be- ~eater Washington-and, 1\fr. Chairman, what will be the ex- C-ONGRESSION-AL -RECORD-HOUSE. JANUARY -16; ·

penses of this city if the nmbition of its progressive citizens are b~en accountable directly to the peOl)le, and they had been given realized and :washington does become a dty of a million or a the_autllority to act, that long before thi th~ people of thi. Dis ~ million and a half of inhabitants? The time ''ill then come when trict woultl llave had 7G-cent gas OL' even G;;-cent gas'! I s tilere the current expenses of this city will easily amount to twenty any ~an h~re who will gainsay the IH:oposition tl.mt tlley \Yould or thirty millions of dollars. Do we propose then to burden Ilase long since hatl, if not unirersal transfer:;; upon all . tl'eet our constituents \Yitll bearing one-half of the expenses of 1ts cars of this ~ity, a very mucll reduced rate? I· there any~ goyernrnent? It now bas a population of 350,000. It is sur one but who kum~~s the peol)le l1ere would luwe llad cheaper rounded l>y a . ·core or more of suburban yillagEis, many of them telephones in tllis city if the District Commissio11crs were vc:ted n1iles from this eavital. These suburban yillnges contain nearly with the ~ anthority to regulate. these cllargcs ::tlH.l were directly one-half a many people a. lived within the limits of the city responsible to tlle people for their action? · nt the time tlle Ilre ent plan of government n·a. deyised. Our .Mr. FlTZ<-tEHA.LD. I would be glad to llave the gentif'llHI.Il constituents l>ear one-half the expense of the goyernment in state upon wllnt he bn. es hi.· opinion that if the Commi~sioners every })articular. \\ill orne one tell me :why the peovle in the tlid have greater autllorit_v \le "·ould have lon·et; cllurg('s for mountains of Tenne.·see should be taxed for the etincation of the senicc from tlle. ~ e public-utility corporations thnt he incli- tlle children within the limits of these suburoan yill:1ges aUase my belief, and I (.'Ontend it i. well l>e liberal, if I may IJe permitted to use tllat te·rru, iri its dealings foundeLl. · \Yith the District of Columbia, but I do say tlwt tllere nre cer Mr. FITJ'.GER.-\LD. Tlle gentleman's statement is 1nrg0l;v: tain charges, that there a·re certain obligations. resting uvon speculative. the people of the District that they should carl'y for themselre · :.\lr. BURLESON. I do not think so; anti ns for the matter c and which slloulti not be shared by the constituents o.f the gen of gas, if tlle gentleman will senti for bulletin· issued last vear tlemen who it upon tllis floor. ·w·m some one please tell me by the _Bureau of Labor and see how Yery cheaply it can l.Je ~DL'O why the people in l\Iaine shoulti be taxed to car.e for tlle indi duced, if be will look into the que:;;tion of the :ictual t'Ost of gent poor within the limits of the District of Columbia? Every making gas, I do not JJelieye that he or any man upon thi:s ftoo1; capital of a State within the United States bears tlle burden, would say it . Ilould not be reduced and that in doing :o it · not alone of its city government, but it also sllare · tlle burden would be perfectly just and fair to the gas company. I have of the county and State governments, and in addition benr · its no purpose other than to l>e . crupulously fair and jt1st to rill proportionate share of the stupendous expenses incurred in tlle tilese public-serdce corpo1·ations. I do not want to fix a charge; support of tlle General Goyernment. In eYery State ·capital tlle r.ml \YOuld not if I had tile aut.Ilority or' pO\Yer to do so, for 1 State owns real. property just as the General Qoyernment 'owns cent lower than wa. just and fair nlike to the people ·a·nd to the real estate llere, a1id in the Ca"'e of the Ca}1ital city of my State corl)oration. which hav~ been given; giyen without co. t, tile the fee in tlle streets, ayenues, and parks is in ' the State ju ·t franchises to furnish th0se . ·en-ices to tile people. · · as here it is in the G-eneral Government, and yet the· suggestion :\Ir. FITZGEHA.LD. \ lly . houl<.l in tlle geu~Iem:m's opinion that the State government sllould bear 50 per cent of the city nn irresponf'l-il>le commission_be more quick tor . poi1ll to tile ody that is· ref'l-pou ·ible to its con: lous for consideration. Can f:Ome man differentiate for me l>e stitnents'? t,veen a State capital and this capital in the mntter of n. ju:t i\Ir. BURLESON. Oh, the gentleman lmo'i\s quite well, if lle and equitabfe responsibility from sharing the burtiens of the refers to tlli. body, that tlle Congress is alwnys slow to move. municipal government? Tile gentleman also under tnnLl8 tllnt the Dbtrict C.Qnmlittee, 1\lr. G.A.Il\"'ES of Tennessee. 'Yill the gentleman state whether consisting of wh;e men as all will cbnfess, hns many, many or not the people of the Uniteti States are taxed to take (.'are of complex matters confronting it, :mel probably lias not had the . the resident "poor, the indigent poor, of the city? time to gh·e these less important matters attention. · · l\lr. BURLESON. Oh, certainly ; the General Government :.\lr. OLCOTT. Will the gentleman yielti? pays one-half of tlle expe~nses of the support of eyer;r pauper, of lUr. BURLJ~SOX Certainly.· every blind per. on,. of eyery deaf per on, of e,·ery person· "·ho is · 1\Ir. OLCOTT. I would like to ask the . gentleman whetl1er~ afllicted in any way, whose support is chargeable to the Distri ·t he knows tllat tlle District Committee is non- inyc. tigating most of Columbia. · · thoroughly the · entire question of the co ·t of gas a uti the l\Ir. GAINES of 'l'ennes ee. Fot those who live here? proper price that should be cllarged in the Di. tl'ict of Columhin? · l\Ir. BURLESOX. Yes. '.fllere is no question ·al>out tllat. :Mr. BURLESON. I am not a member of the Committee on The que tion iR, .Wby should it be? No man can give a reason, the District of Columbia, l>ut I retnember quite well that dnring nml, as was said when this matter was under discussion in 1878, the consideration of this bill at the last fiession of Congre:s, · no mnn vroultl stand upon this floor and contend for such a when an item had been embodied in it to reduce the price of. gns proposition or would vote for it if he knew that his constitu to the city and. to the Government from $20 to $15 for tlle ents were to pass directly upon the proposition and would bold fiat-flame burner, that a point of order was made against it, and him directly accountable for that vote. it was of course sustained, and out tlle item went. . 1\lr. STERI.JING. What is the rate of taxation in the District At that time members -of this ·committee urgently invitecl the of Columbia? · · attention of tlle Comni.ittee on· the District of Columbia to the Mr. BURLESON. One dollar and :fifty cents, I believe, leyied matter anti pleaded vdth them to take some steps to afford the only against the character of property I have indicated. I ub people reUef. · mit, ~Ir. Chairman, and I do not want to be misunder tood, l\Ir. OLCOTT. Of course my re ollection does not go bnck all are· anxious that Washington should be made a beautiful to the last Congress. city, all take }1ride in the· fact that the capital of this great l\Ir. BURLESON. The RECORD will bear me out in tlle state country of ·ours should be the most beautiful city in the world, ment I have made. and I do not believe a man can be found, who has visited the Mr. OLCOTT. But, as a matter of fact, I would like to stnte ca])itals of Europe after visiting this capital, but will ad to the gentleman that matter is being carefully considered by mit that to-day it is the most beautiful capital in-the world; and the· subcoriunittee having that matter in charge now. now llaving attained this end the question arises, Shall this l\Ir. ·BURLESON. Will the gentleman tell me whether it hs General Governinent continue to bear excessiye burdens, more going to be so carefully considered that we will not be able to excessive than is just and fair to our constituents? get a report at this session? · I do · not want to be misunderstood. I am not on_ly willing, Mr. OLCOTT. It is going to be so carefully con ·idereti, in but anxious that the General Government should bear its full my opinion, that ju tice is going to be done to e,-ery one con· part in the expense of governing this city; but in fairness to our cerned, both the people in the city of Washington and the com selves and .our constituents, we should not place on them bur panies that llave the rigllt to manufacture the ga-·. dens they ought not to carry. There is another matter to which · l\Ir. BURLESON. And thus it is, Mr. Chairman, that light is I want to ask your attention. The District Commissioners, in turned upon the proposition as to whether we m·e going to haye my opinion, should be given larger responsibility_and larger au a report at this . ·ession. Justice is going to be done. Wh~r. of thority in regard to the regulation of local affairs within the course, a committee of 'ongress could never do anytlling IJut District of-Columbia. It is true that they are not responsible to report a measure that would be exactly just and fair. ~'hut any person or any authority, as I have ·shown, but I still believe was not the query. The query was, 'Vill tilere l>e a report at that it would be best for this city if larger po,Yers could be this time, this session? . . conferred. on the Commissioners. I. there a n:ian here ·who will It bas JJeen charged that the capital stock of tlli gas mo gain. ay the proposition ·if the e District Cornmi sioners had nopoly has l>een inflated by the unautllorized. i:;;.··uance of cer- 1~:07. CONGRESSIO~AL _ RECORD- HOUSE .. 1231 ti.ficates of lndebtedne s. :It ha:s been charged repeatedly in the District Commissioners directly responsible to the intelligent public prints that the people of Washington City have been tax-paying people of the District; and when that time does :victimized by this monopoly f(}r years .and that they ·can get no rcome, in my judgment we will have then devised the best form relief. .of government that can be devised for the government of a mu- Mr. GAINES of Tennessee. Will the .gentleman tell the com nicipality. · mittee wl1y it y;;as that, notwitllstanding the fact that thl.s House Mr. SHACKLEFORD. ·wm the gentleman allow me to ask def~ated a conference Teport and :aJ)ecifically clirected the com him a question? mittee to take it ont and bring back .a bill fixing the price 'Of gas .M:r. BURLESON. Certainly. at, I think, a dollar-though I am not sure-they did .not bring Mr. SHACKLEFORD. In that connection, is it the opinion back any bill? They did not obey the instructions -of the of the gentleman from Texas that the District Commissioners House, as I recollect. The gentleman will remember it, I am ought to have conb·ol of the streets and avenues .of the city of sure. Washington, independent of ·Congressional conb·ol? Mr_ BURLESON. Of course, the members of the District Mr. BURLESON. Not at all. l\fy contention is that they Committee will remember it. ought to be given larger powers relating to the regulation of 1\fr. GAINES of Tennessee. That was, possibly, a year or two public-service corporations and the charges that they make to ago. the public for the service they render. 1\Ir. . BURLESON. 1\Ir. Chairman, as I have stated before, I 1\lr. SHACKLEFORD. I will ask the gentleman if he does haTe no disposition to be unjust or unfair to a single public not think that inasmuch as the people of the Republic are going service corporation within the District of Col-umbia. .I would to come here, either themselves or through theil· representatives, not under any cirCUil1Stances vote for a proposition that would to transact busine s that Congress ought to keep control of all take from them one-hundredth part of 1 per cent of what they of these affair ? are justly and fairly entitled to charge for the service they are l\Jr. BURLESON. . Congress can not tid itself of the exclusive rendering the citizens of this District, but I do believe that this right of controlling the municipality of the District of Columbia system of government that we have in the District of ·Columbia, or, I should say, of the exclusive right to legi late for the Dis 1·esulting in the irresponsibility of the District Commissioners b·ict of Columbia; but I contend that that authority carries and I say that intending no reflection upon tlle eminent gentle with it the responsibility to devise Tor the people who reside men w.ho ·constitute the board-is the prime cause for the delay llere the very best system of municipal government that can be in tnin_!Png the relief to which these IJeople m:e entitled at this de·dsed. It is true that we have not the courag-e now to do it, time. I realize, as I have stated, and I will not discus the for reasons which l do not now care to discuss. We all know reasons why, that this can not be con-ected; that we can not what they are, and I do not care to discuss them. change the present plan und~r existing conditions. I believe it 1\Ir. SHACKLEFORD. If the gentleman does not care to ultimately will come. I believe within a ~ru·ter of a. century discuss the reasons, of course it is not worth w bile to .usk him Members upon the floor of this House, upon that .,ide us well as for them; but I will ask him if there is any reason why three upon this, will have the com·age to submit a plan :here for the Commissioners appointed by the Executive are better .qualified permanent government for the ctty of Washlngton that will en to see that the people of the District get a better or fairer gov able the people of this District to bold directly responsible tho e ernment than Members of Congress elected directly ·by the who :are chargeable with the responsibility of its go-.ernment. people? · if this could be done and the int-elligent taxpaying element ·of ·1\ir. BURLESON. I confess I know none, .except the fact that the District were given the right to select the Commissioners ail we are not :responsible to the people here, but to our own con these difficult problems would be promptly and correct)y solved. stituents. We all know Members of Dongre s · can not, because 1\lr. WILEY -of New Jersey rose. of the multiplicity of the duties devolving upon them, give Dis Tbe CHAIRMAN. Does the gentleman from Texas yjeld to trict mutters their ·close personal attention, can not give .to the the gentleman from New Jersey? details of this municipal goyernmeut that attenion which it 1\Ir. BURLESON. Certainly. properly requires -or demands at their bands. There are not Mr. WILEY of New Jersey.· Mr. Chairman, I only want-ed to thl·ee Members in this body who would not give to this city an say to the gentleman from Texas [lli; BURLESO~] that I .Put in h onest, economical, :md efficient municipal government if :they a bill for free transfers on three separate occasions, and the had the power conferred upon them or authority conferred upon present bill is now in the commlttee, and I hope for a favo~able them and were made directly responsible to the people of the report and that I will be able to present it to the House a.t the District for their conduct. next District day. Then, in the matter of telephone charges I Mr. SHACKLEFORD. :Mr. Chairman, I would like to make propo e to do something in that line as n member of the Dis a suggestion in connection with the observation that has just trict Co:q1mittee, and am now collecting data, because I do not been indulged :as to the duty of Congress to legislate for the . want to go ahead without a proper backing. J~t as soon as I get District cf Columbia. That would apply with equal force to that backing I am going to put that bill before the District Com every duty that ~ Mr. WILEY of New Jersey. No. mont. Mr. BURLESON. 1\Ir. Chairman, I have said even more than Mr. FOSTER of Vermont. Mr. Chairman, the dual form of I . intended to say. I know that municipal goveTDIIlent is a grave our · Government, "an indissoluble Union of indestructible problem. I ·know that it presents many complex problems, and States," while one of the sources of our national sb·ength has re the thoughtful men of both parties throughout the length and sulted in many and varied complex and complexlng questions. breadth of our country are seeking for a solution, and the ·best Popular government in any form in a land of the extent and solution, of the problem. I believe that the time will .come-in population of ours would be necessarily an intricate problem. fact, I am sure the time will come--when we ,can make these Under our Donsti~tion one.of the .elements of the prob}em is the 1~32 CONGRESSIONAL RECORD-HOUSE. JANUARY 16, con ·tnnt conflict of authority between the States and the Xa in view of tile idle talk tllat has been. heard· about" " coercing tional Government. 'To maintain the con titutional equilibrium a sovereign State," I call the attention of the committee to tlie \)(~tween the States ami the United States, to presene the former fun~menfal question that underlies these · propositions-the in all their integrit-y-, and at the same time give full scope to the abstract qae tion whether the United States, by treaty stipula powers and nttributes of nationality in the lattE:'r ha. demn.nmotto till tend tbe public schools of that State as is enjoyed by the cilil e.."\:.preR es the true relationsilip between the States and the· Fed dren of the citizens thereof. eral Government. E pluril.m unum-out of many one. Forty No one \Yill deny the far-reaciling significauce of the que. tion. itre separate and within their jurisdiction, sovereign State., but 'To many earnest citizens who have giyen little con ideration one nation-SO, 0,000 people di tributed among those State to the scope of the treaty-making power of tlie United States njoyinO' the blessings and charged with the re ponsibilitie. of tile proposition involved is a startling one. Our systems of pilb local self-government, but one nation · extending tile protecting lic instruction; wllich are jealou ly guarded a· one of the bul ·folds of its flug over States and people. \Yarks of the Republic and one of our pricele s free institution ·, 'Ve hear much, it is true, of the dangers of centralization. are the offsprings of the se,~era l State . 'They are maintaineti :we ar told that the States are abdicating their ancient rights and regulat d by the States. And to the great majority of our and privileges in favor of the National Government. And we people it has never occurred that the Jational Government could can not clo. e our eyes to the fact that when Yer government interfere in any manner with their management or control. .. upenision or regulation or control is found ne essary for the But the treaty-making power of the United State i. broad general welfare, there is a strong tendency on the part of the and comprehensiw. Section 2 of Article I of the Constitutfoo people of the several States to prefer to see it exercised by the provides that the President "shall have power, by and witil the L'ederal Government ratiler than by their respective States. consent of the Senate to make treaties, provided two-third~ of But there is nothing unnatural in this. 'They see themselves tile Senate pre ent concur." Section 10 of Article I proYide ·· relieved of the burden and the responsibility. 'They see sub. ti that "no State shall enter into any h·eaty, alliance, or confecl tuted for the power of their States the irresistible power of the eration.'~ And Article VI proYides that " This Con titution, United States, representing, as it does, the combined power of und the laws of the United States which shall be made in ·pur all the States and of all the people. Such upervision or regula "uanee thereof, and all treatie made, or wilich shall be made, tion or control is vastly more effective and costs the Stute noth under the authority of the United States, . hall be the suprenie ing. 'This explains the popularity of the antioleomargarine law of the land; and the judges in every State ball be bound legislation, of national quarantine in its various forms, of the tilereby, anything in the constitution or law. of any State to pure-food law, of the railway rate legislation. 'Ibis tendency, the:> contrary notwithstanding." therefore, is not necessarily an indication that tile people ar.e los The Con:titution, tb n, cmlfers upon the National Govern ing their old-time State pride or that they are le: loyal le s ment the treaty-making po,Yer without qualifying words aQd devoted to their State. It is undoubtedlv true that there are provides that all h·eaties made under the authority of the dangers in the tendency. It certainly should not be encouraged United States silall be a part of the . upreme law of the land. as to those matters which are within the strict province of tile I shall pend no time upon the academic question whether the State. In the division of power under the Constitution graye treaty-making po,ver lie · in grant or in soyereigilty. For take responsibilities are devolved upon the State·. Loyalty to the \Yhichever theory you ..please, the re. ult, o far as the cope of State , which i the ·worn duty of all their citizens, is in itself thE' power in the Federal Goverllillent is concerned, is the arne. loyalty to the Republic, for the States are the trustees of the If you insi t that the Federal GoYernment exe1,·cises the treaty R~puplic, and upon th~ manner in which they discharge their making power as one of the n ce sary powers of sovereiO'nty, trust depends in large measure its future. then the scope of the power i full, adequate, anfl. complete. Or In point of fact there are on every hand token. of that intense if you prefer to bold tilut the l~~wer \Yas granted to the United State pride which bas characterized the American people ever State by sovereign State , you must remember that tho e State since the Declaration of Independence. It was ·written of old wilen sovereign were clothed with the h·eaty-making power, "tilat one star differeth from anotiler star in glory," and it cer else they could not grunt it to the Federal Go,·ernment. nut. tainly was never truer than it is to-day that tile stars that on having that power. th<>y dive teO. themselves of every ve tige of the blue firmament of the flag represent tile several States of the it and conferred it all upon tile National Government. 'This Union differ one from another in glory. You who come here does not mean that there are not restrictions and limitations from the State of New York insist that the tar which represents upon our treaty-making power. John C. alboun, wilo e iron your Empire State shines with a glory that is all it own; and logic led him to tile la t extreme of the State rights doctrine, we who come from the little State that lies nestled among the set forth those limitations with force and clearness, as follows: Green :Mountain insist that the star which repre. ents our State But although the treaty-making power is exclusively vested. and ba a glory that is peculiarly its own; and so you who come from without enumeration or specifications, in t he Government of the United States, it is nevertheless subject to several important limitations. Virginia and Penn ylvania and 'Texas and Illinois and Califor It is, in the fii·st place, strictly limited to questions inter alios; that nia, and all the other State , insi t the star which on the flag is, to questions between us and foreign powers which require negotia repre ents your State has its own peculiar glory. And so to-day, tion to adjust them. All such clearly appertain to it. But to extend the power behind these, be the pretext what it may, would be to ex as ever before, the citizens of each of the forty-five States are tend it beyond its allotted sphere, and thus a palpal.Jle violation of the proud of their State. 'They rejoice in her achievem.ents in peace Constitution. It is~ in the next place, limited by all the provisions of and war. 'They guard with jealous care her ancient rights and the Constitution wnich inhibit certain acts from being done by th privileges. 'They resent with ju ·t indignation any reflection Government or any of its departments, of which description there are many. It is al o limited by such provisions of the Constitution · as upon her fair fame. 'l'hey rejoice in the part vouchsafed to direct certain acts to be done in a particular way, and which prohibit them in maintaining her honor and prestige, and, ·be t of all, the contrary, of which a striking example is to be found in that which declares that "no money shall be drawn from the Treasury but in c on~ they see in all tilis nothing incompatible with their absolute and seq·uence of appropriations to be made by law." 'rhis not only impo es unswerving loyalty and devotion to the Republic. an important restriction on the power, l.lut gives to Congress, as the 'Then, again, there are those who profess to believe that the lawmaking power, aud to the House of Representatives, as a portion of Congress, the right to withhold appropriatiOllS, and thereby an im danger of centralization come from the tendency of the Na portant control over the treaty-making power whenever money is re tional Government toward self-aggrandizement, toward en- quired to carry a treaty into effect, which is usually the case, e peclally roacilment upon the authority of the States. Some of these in reference to those of much importance. There still remain another now tell us that a new danger from the treaty-making power of and more important limitation, but of a more general and indefinite character. It can enter into no stipulation calculated to change the the Government threatens the States. They call attention to character of the Government ·or to do that which can only be done by the recent claim of the Empire of Japan that we have violated the Constitution-making _power, or which is incon I tent with the natme and structure of the Government or the objects for which it was the treaty of 1 94 in that the children of Japane e subjects formed, among which it seems to be settled that it can not change domiciled in California are not permitted to attend the public or alter the boundary of a State or cede any portion of its territory chool in common with the children of citizens of that State, without its consent; Within these limits all questions which may arise between us and other powers, be the subject-matter what it may. but Ilave been segregated in schools of ~heir. own. I do not fall within the limits of the h·eaty-making power and may be adjusted propose to discuss at this time the proposition whether the lan by it. . guage of the treaty is ufficiently broad to justify the claim of This was written in 1849. Forty years later, in 1 9, the Japan, nor in the brief period allotted me shall I consider Supreme Court of the United State , in speaking of our treaty the question of the wisdom of the treaty-making power under making power, said this: taking to bind the National Government by such a treaty stipu The treaty power, as expressed in t:he Constitution, is in terms un lation. But in view of the wide discus. ion that has resulted limited, except by those restraints which are found in that instru from Japan's claim and in view of the unjust criticism to ment against the action of the Government or of its department. and .which the President's cour e has subjected him, and particularly those arising from the nature of the Government itself and of thut of •1907. CONGRESSIONAL _RECORD-HOUSE. 1233

tbe State . It would not be contended that it extends so far as to ment without full knowledge of. the consequences of their authorize what the Constitution forbids or a change in the character of the Government or in that of one of the States, or a cession of any acts. All the ties that had bound the colonists together dur portion of the territory of ·the la.ttet' without its .consent.. J?ut, with ing the .bitter night of the Revolution bad IJurst asunder and, these exceptions. it is not pt>rcen·ecl that there ts any l1m1t to the in place of a people working together in unity and concord, questions which ·can be adjusted touching any matter which is prop~rly the subject of negotiation with a foreign country. there stood forth thirteen petty republics, each racked by the i-ntensest jealousy of all the others; each fearful le t the And the mo t cur ory review of the events leading up to the least concession of right or pri-vilege for the common weal e 'tablishment of the Republic sho,Ys conch1sively that it ruigbt open ·the way for the tyrant or the oppressor. John founders fully understood that if the Constitution '\Yere adopted, Fi. ke '\Yell describes the time as the critical period of our his tile treaty po\Ter of the Xational Go,·ernment "\\Ould be un tory. The representatives of the tbi.rteen States in the Con.: limited except by those .restraints above set forth. By the Yention that framed the Constitution adopted the provisions re Articles of Confederation, adopte-11 in 1781, tl:e United State . specting the treaty po'\Yer deliberately and with full knowledge in Congre s assembled, '\Yas gin'n t ile sole and excl.usive right of their true import. It was their judgment that they bad prop and power to make treaties. mHl tile ~tntes were prohibited from erly safeguarded the States by providing that a treaty, to be entering into any treaty or· alliance with any foreigu powe1: effective, must be ratified by a two-thirds vote of the Senate without the con. ent of Congress. The ratification in .1778 _of present. The Senate was to be composed exclusively of repre the treaty with France, after the Articles of Confederation bad sentatives of the States, and surely, said they, if two-thirds of been adopted and while they were pending before the State ~ these representatives concur in SUJ)port of the provisions of for ratification, was a recognition of the broad scope of the a treaty it may be safely assumed tllat tiley contain nothing treaty power of Congres·s. From this time on, during tlle time of serious detriment to any State. And the experience of these articles were in force, treaties were made with Great more than a hundred years proves Ilow rightly they judged. Britain, The Netherland. , Sweden, Pru. ia, and ~Iorocco, and This view of the scope of our treaty-making power is sus '\Yere ratified by Congres , although they contained stipulations tained by an unbroken line of decisions of the Supreme Court seriously affecting many ~atters other'\Yise wholly \Tithin the of the United States as well as by many decisions of the State juri diction of the States. In 1786, four years before the Cqn courts. One of the first cases considered. by the Supreme Court stitution '\Yas adopted, the binding effect of some of these pt;o involving the question of the treaty power of the National Gov visioris upon the States began to be seriou ·ly discussed. This ernment was that of Ware v. Hylton. It is not only a leading '\Yas particularly true as to the stipulation in the treaty of case, but one of great historic interest. It \vas decided in 179U, peace with .Great Britain respecting debts due British subjects seven years after the inauguration of the new Government from American citizen . Congress took up the question '"' bether under the Constitution. Washington was still President. The these treaty provisions '\Yere paramount to State laws. In the proceedings of the Constitutional ConveJ?tion were still fresh course of an elaborate report, John Jay, the secretary of foreign· affairs of the Confedet;ation, said: - in the minds of those '\Yho had participated in them, and the echoes of the fierce controversy that attended the adoption of The ninth article of the Confederation most expressly conveys to Congress the sole and exclu ive right and powet· * * . * of e?tet:ing the Constitution were still heard. Justice Chase, who wrote the into treaties and alliances. When, therefore, a treaty 1s constJtutwn principal opinion, who was one of the signers of the Declaration ally made, ratified, and published by Congrel)s it immediately becomes of Independence, and who has been de cribed as "tlle torch binding on the whole nation and superadded to the . hn•s of the land that lighted up the revolutionary flame in ::naryland," was a without the intervention, consent, or tiat of ~tate legislatures. * * * The United States in Congress assembled have neithet· committed citizen of Maryland, where t]Je controversy aro e. Justice Pat nor approved of any violation of the treaty. To their conduct no ex terson, who wrote a concurring opinion, had been a member of ceptions are taken; but to their justice an appeal is made relative to tbe conduct of particular States. The l!nited States must, however, the Constitutional Convention, where he was largely insh·u eventually answer for the conduct of their re pective members, and for mental in shaping the provisions relatiYe to the treaty power. that and other reasons suggested by .the nature of their sovereignty Justice 'Vilson, who also concurred, "as one of the signers of and the Articles of onfederation, your secretary thinks they have good right to insist and require that national faith and national treatie be the Declaration of Independence and one of the ablest men in kept and obseryed throughout the nion ; for otherwise it woulu be in the Constitutional Convention. Marshall and Pah·ick Henry the power of a particular State, by injuries and infractions of treaties, were of counsel in the case. The fourth article of the treaty to involve the whole confederacy in difficulties and war. · of peace with Great Britain provided for the payment of debts In his opinion it would highly become the dignity of the .United States to act on such occasions with the most scmpulous regard to due British subjects from American citizens in the several justice and candor to,vat·d the injured nation and with equal modera States. Maryland, by an act of her legislature, had confiscated tion and decision toward the delinquent State or States. In the present case he thinks it would be· proper to resolve: such debts due from her citizens. This action was ·brought to 1. That the le~islatures of the several States can net of right pass recover such a debt from Hylton, a citizen of 1\Iaryland, who any act or acts 'for interpreting, explaining, or construing a national had paid the larger part of the debt into the State h·easury treaty or any part Ol' clause _of i.t; not· for re~training, limit.ing, or in under the confiscating statute, and the que. tion '\Yas whether any manner impeding, retardmg, or counteractmg the operatiOn or ex ecution of the same; for that on tieing c.onstitutionally made, ratified, the treaty stipulation was paramount to the :Maryland statute. and published they become, in virtue of the Confederation. part of the Chase Patterson, Wilson, and Cushing, impre sed by the uncommon law of the land and are not only independent of the will and power magnitude of the subject, the bitter and exciting co~trover~ies it. ~ad of such legislatures, but also binding, and obligatory on them. provoked, and the fat·-reaching consequences by wh1ch their depswn · John Jay "as a commanding pgure in that period of great \Yould be attended, although differing upon some mn;ttet·s of deta1l and in the mode of their reasoning, reached the concluswn that the .tre~ty and historic characters. He was a delegate from New York of 1783 was the supreme law, equal in its effect to the ConstitutiOn to the Congress whirll convened in Philadelphia in 1774. He itself, in overruling all State laws upon the subject! and. the words that British creditors should meet with no lawful Impediment were was a member of the Second Continental Congress; '\Yhicb met as strong as the wit of man could devise to avoid aJl effects of seques in 1775. He was our first minister to Spain, where he served tration, confiscation, or any other obstacle thrown m the way by any during the later years of the Revolution. He '\Yas one of the law particularly pointed against the recovery of such d~bt~ .. The de cision expanded from a statement of the cont~act.ual llabthty of .an peace commissioners that negotiated the treaty of peace with individual to an assertion that the treaty obhgatwns of the ·natiOn Great Britain, where be rendered invaluable services. He was were paramount to the laws of the individual States. Secretary of Foreign Affairs from 1784 until the adoption of In the course of an elaborate opinion Justice Chase, after the Constitution, when he became Chief Justice of the Supreme stating. his belief that treaties made hy Congress during the ourt of the United States. His wisdom and foresight was existence of the Confederation were superior to the laws of the equaled only by the depth and s.incerity of his patriotism, and States, said this : lris wide and varied experiences in national and international If .doubts could exist before the establishment of the present National affairs enabled him to peak with authority. No one can read Government, they must be entirely removed by the sixth article of the this report without being profoundly impressed with the fact Constitution which provides that " all treaties made, or which shall . that his contemporaries must have been fully apprised of the be made, under the authority of the United States shall be the supreme law of the land, and the judges in every State shall be bound thereby, true significance of the provisions in the Constitution· relating anything in the constitution or laws of any State to the conh·ary to the treaty power of the United States. notwithstanding." There can be no limitation on the power of the The simple fact was: The United States had learned during people of the nited States. By their authority the State constitu tions were made, and by their authority the Constitution of the Uni!ed the brief but eventful years of the Confederation that it was States was established; and they had the power to change or aboltsh not the sole function of the treaty po'\Yer to confer right and the State constitutions or to make them yield to the General Govem privileges upon foreign subjects on American soil; that the ment and to treaties made by their authority. .A. treaty can not be the supreme law of the land-that is, of all the United States-if any chief purpo e of the power was to secure rights and privileges act of a State legislature can stand in its way. If the constitution of a and protection for American citizens abroad, and that in order to State (which is the fundamental law of the State and paramount in accomplish this high purpose most successfully and effectively it its legislature) must give way to a treaty and fall before it, can it be questioned whether the less power, an act of the State legislatm·e, was essential that the Government be able to reciprocate by treaty must not be prostrate? It Is the deciat·ed will of the people of the stipulatlons which should be binding upon the wh.ole American United States that every treaty made by the authority of the United people. Those were not the days '\Yhen the people of the States States shall be supet'iot· to the constitution and laws of any individual State· and their will alone is to decide. If a law of a State contrary were willing to concede any power to tb~ National Go\ern- to a treaty is. not void~ but voidable only by a repeal or .nullification XLI--78 1234 CONGRESSIONAL RECORD-· HOUSE ~ J ANUARY ~6 :,

by a State legislature, this certain consequence follows, that the will in word or sense. If there is one object more than another which be of a small part of the nited States may control or defeat the will longs to our political relations and which ought to be the subject of of the whole. treaty regulations, it is the extension of this comity which is so highly favored by the liberal spirit of the age and so conducive in its tendency For rn~re than a century this case has been cited with ap to the peace and amity of nations. proval, not onJy by the Supreme Court of the United States, but . Even if the effect of this power was to abrogate to some extent the by many of the courts of last resort of the several States. . In legislation of the States, we have authority for admitting it if it does not exceed the limitati9ns which we have cited from the work of 1879 the Supreme Court, in the case· of Hauenstein v. Lynham, Mr. Calhoun and laid down as the rule to which we yield oar assent. held that our treaty with Switzerland was superior to the laws In 1879 a case of interest and importance, bearing upon the of Virginia. That treaty provided that citizens of Switzerland treaty power of the United States, was determined by the cir might iil..b.erit real estate _situated in the United States, and if by cuit court of the United States for the district of Oregon. Our the laws of the State in which it lay they could not hold it by treaty with China, then in force, deClared that- · reason of their being aliens they were given a reasonable time in wbich to sell it. Hauenstein, a citizen of Virginia, died pos- Chinese subjects visiting or residing in the United States shall en sesseu of real estate and without heirs, e.xcept certain citizens joy the same privileges, immunities, and exemptions in respect to travel of Sn-itzerland. By the laws of the State of Virginia an alien ~·o~fsi~~~;;da~atl~~. be then enjoyed by the citiz-ens or sub~ects of the could not inherit property within the State, and it was claimed In 1872 Oregon passed the statute which provided that- that tbe real estate escheated to the St..'lte, but the Sn-iss heirs It shall be unlawful to employ any Chinese laborers on any street, or contended that under the treaty they had the right to sell the land part of street, of any city or incorporated town of 1;his State, or on and m·ail themselves of the proceeds of tbe sale. Tbe court sus- any public works or public improvement of any character, except as a "ined their contention. Justice Swayne, in renderin!! the opl·n- punishment for crime; and all contracts which any person or corpora t .... ~ tion may have for the improvement of any such street, or part of street, ion of the court, cited with approval the case of Ware v. Hylton, or public works or improvements of any character, shall be null and and after quoting largely from the opinion of Justice Chase, as void from and after the date of any employment of any Chinese laborers " showing the views of a powerful legal mind at that early thereon by the contractor. ·period, when the debates in the Convention which framed the And the question involved was wbether this statute was in Constitution must ha"'\"e been fresh- in the memory of the leading contravention of the provisions of tbe treaty then in force. jurists of the country," said tbis : The eourt, in rendering its decision, declared : It must always be borne in mind that ~e Constitution, laws, and This treaty, until it is abrogated or modified by the political depart- treaties of the United States are as much a part of the law of every ment of the Government, is the supreme law of the land, and the courts State as its own local laws and constitution. This is a fundamental are bound to enforce it fully and fairly. An honorable man keeps his rinciple in our system of complex national policy. We have no doubt word under all circumstances, and an honorable nation abides by its P tt·eaty obligations, even to its own disadvantage. that this treaty is within th_e treaty-making power conferred by the The State can not legislate so as to interfere with the operation of Constitution, 8,nd it is our dnty to give it full effect. this treaty or limit or deny the privileges or immunities guaranteed by In 1S8D, in Jeofroy v. Riggs, the Supreme Court again re- it to the Chinese residents in this country. * * * · d th -h, ty k ' f tb U •t d St t J t' It will be observed -that the treaty reco~nizes the right of the vtewe · e u·ea -rna ~ng power O . e m e a es. us ICe Chinese to change their home and allegiance and to visit this country Jj"'ield, in rendering the decision of the court, after declaring that and become permanent residents thereof, and as such residents it guar article 7 of the treaty of 1800 witb France suspended during the antees to them all the privileges and immunities that may be enjoyed existence of tbe treaty the statutes of :Maryland, so far as here by the citizens or subjects of any nation. Therefore, if the State can restrain and limit the Chinese in their labor and pursuits within tbey prevented citizens of France from taking by inheritance its limits, it may do the same by the subjects of Great Britain, France, from citizens of the United States nroperty, real or personal, sit- or Germany. · 'd th' a- True this act does not undertake to exclude the Chinese from all uated th erem, Sal lS: - . kinds and 1ields of employment. But if the State, notwithstanding the That the treaty power of the United States extends to all proper treaty, may prevent the Chinese or the subjects of Great Britain ·from subjects of ne.,.otiation between our Government and the governments working upon street improvements and public works, it is not apparent of other natio~s is clear. It is also clear that the protection which why it may not prevent them from engaging in any kind of employment· should be afforded to the citiz-ens of one country owning property in or working at any kind of labor. anothel' and the manner in which that property may be transferred, Nor can it be said with any show of reason or fah·ness that the devised. or inherited are fitting subjects for such negoti.ation and of treaty does ?Ot . contempla~e that the Chir:ese shall have the right regulation by mutual stipulations between the two co!1ntneg. · A,s com- to labor ·wh1le m the Uruted States. It Impliedly recognizes their mercia! intercourse increases between different countnes the residences right to make this country their home, and expressly permits them to of citizens of one country within the territory of the other naturally become permanent residents here; and this necessat·ily implies the .follows. and the removal of their disability from alienage to hold, right to live and to labor for a living. It is difficult to conceive a transfer, and inherit pr·opet·ty in sue}?. cases tends to promote amicable gro~ser . case of keeping ~e. word. of promise to the ear and breaking relations. Such remo-.-al has been within the present century the fre- it to the hope than to mv1te Chrnese to become permanent residents quent subject of treaty a-rrangement. of this country upon a direct pledge that they shall enjoy all the In all the times that our treaty-makin!! power has been under privileges here of the most favored nation and then to deli~rately ~ prevent them from earning a living, and thus make the proffered review by tbe Supreme Court of the United State3 not once right of residence a mere mockery and deceit. In Chapman v. Toy has it been sug£;ested by the court that any provision of the Long (4 Saw., 36), this court, in considering these provisions of this t:reatv, said: "The right to reside in the country, with the same treaty under consideration was beyond the treaty power. · I n privileges as _ the subjects of Great Britain or France implies· the every instance the question has been wbether the State law in r ight to follow any lawful calling or pursuit which is' open to the question contravened tbe stipulations of tbe treaty. If so, then subjects of these powers." it must yield to the supreme law of the land. . It is firmly settled thaf the United States may by treaty In 1855 tbe supreme court of California reviewed the treaty- stipulations remove all the disabilities of alienage affecting making power of the National Government in the case of The property rights and place the persons thus relieved on 'an equality People v. Gerke & Clark. The State denied the power of the with the citizens of the United States n-ith re pect to those Federal Government to make a treaty which should remove the rights, the lan-s of any State to the contrary notwithstanding. disability of alienage as against the laws of the State re3pecting It may provide by treaty that the citizens of a foreign counti·y inheritance of lands situated in that State. In upholding the living in any one of the States may acquire real and personal treaty the court called attention to the fact that cases have property by gift, purchase, or inheritance; tbat he may hold frequently arisen where aliens have claimed to inherit by virtue it or dispo~e of it by sale, gjft, or n-ill as freely and on the of treaty provisions · analogous to the one under consideration, same terms as may be done by an Am~rican citizen. It may and that all of them were. enforced in favor of the foreign provide that the foreign citizen may have the same arcess to claimant. The fact was nDted that in none of these cases was the courts of the several States as i · given to tbP.iJ· citizens. t he question raised as to the power of tbe Federal Government It may provide that be shall be subjected to no greater burdens to make the treaty. Attention was called to the fact that, al- of taxation than is borne by the citizens of the State in wbic'h though it had been tbe practice of the Government from an early 'he lives. period after the ratification of the Constitution, its power was :l'!Ir. GARRETT. Will tbe gentleman yield for a qu.e tion? n ow for the first time disputed. The court tben said : Mr. FOSTER of Vermont. Yes; certainly. . One of the argliments at the bar against the extent of this power Mr. GARRETT. This is speculative, of course, but this is of treaty is that it permits the Federal Government to CQntrol the a very interesting subject. In this country I suppose there is internal policy of the States, and in the present case to alter materially nDt a State but that llas a statute preventing perpetuities in the the statutes of distribution. If this was so to the full extent claimed, it might be a sufficient holding of estates. f\:o~Y, suppose the Federal Government answer to say that it is one of the results of the compact, and, if should enter into n trt"aty with a foreign nation wbereby it t he grant be considered too improvident for the safety of the States, 1 ld st' 1 t th t th •t • 0 f tlJ t t · ht h Id the evil can 'be remedied by the Constitution-making power. I think, 8 lOU :s lpu a c a e Cl tzens a coun ry m1g o however, 1;.hat no such consequence follows as is insisted. The statutes title to property here as they bold it at b~me . Would the gentle of . di tribution are not alter·ed or affected. Alienage is the subject of man think that would be sustained by the courts? the treaty. Its disability results from political reasons which arose · Ml·. FOSTER of Vermont. Well, I will say in answer to tbe at an early period of the history of civilization and which the en- ! lightened advancement of modern times and changes in the political and que tion, Mr. Chairman, that up to this time the United States social condition of nations have render ed without force or consequence. Goyernment has never undertaken to confer upon aliens any The disability ~o succeed ~o. property is alone removed, the character rigbt or privile"'e that was not enjoyed by citizens of the United ' of the person 1s made pohticaJly to undergo a change, and then the 1 "" _ . statute of distribution is left to its full effect, w;taltered and unimpaired ~States . All the Governme11t has undertaken to do so far m tt a 1907. ·' CONGRESSIONAL · RECORD-· HOUSE. 1235

direction indicated by the gentleman from Tennessee [Mr. GAR . 1\fr. FOSTER of Vermont. Certainly. - So that if the State RETT] has been to relieve the foreigner of the · disabilities of in which they lived bad no provision respecting the separation aliennge and to place him, so far as his property rights were of white and colored children of the citizens of the State, then, concerned, upon an equality with citizens of our country. in my humble opinion, a statute of the State providing that tb~ Mr. GARRETT. That is true. colored subjects of that nation should be segregated in schoOls Mr. FOSTER of Vermont. Nor is it to be supposed that our of their own would have to yield to the stipulation of the treaty. Government would undertake to· confer upon aliens by h·eaty Mr. NORRIS. Let us · put · a specific ·case. Suppose, in the stipulations rights and privileges not enjoyed bl our own citi case of California, that we ba1e a provision in the treaty with zens, or that the Senate would ratify a treaty containing such England that the children· of English citizens should enjoy the a provision. same school privileges as the children of our own citizens. l\lr. GARRET"..r. In all the Southet;n States we have law for l\Ir. FOSTER of Vermo1;1t. The subjects of Great Britain, it ' separate schools for the colored and white races-·- would be. .. l\:Ir. FOSTER- of Vermont. I see the gentleman's point. :Mr. · NORRIS. The subjects of Great Britain, it would be;_ · 1\lr. GARRETT. Suppose a treaty were entered into hetweep. yes, sir. tllis country and some other country gi'ring them admission to :Mr. FOSTER of "Vermont. Tiley ruay be white or black. the schools. · · 1\lr. NORRIS. Now, in a treaty with Japan, that would pro ~rr. FOSTER of Yermont.. 'l'llere, again, :Mr. Chairman, I vide that the children of Japanese citizens should enjoy the tllink I lla\e given my answer already to :the question. If tile same privileges as those of the most fa1ored nation. State provides that her colored citizens shall be taugllt in sepa :;\lr. FOSTER of Vermont. Tliat would l)lace them on an rate sclwol nnd her wllite citizens ·shall be taught in separate equality "rith the subjects of Great Britain, but the subjects of schools, then I repeat that I ' llave· found no instance in our his Great Britain include nearly all races and colors. tory where tile treaty-making power of tile Kational Govern l\Ir. NORRIS. Exactly. ment bas undertaken to interfere in any ·way with that regula Mr. FOSTER of Vermont. The situation under the circum tion. The furthest is llns gone is to say that the foreigner shall stances detailed by the gentleman from Nebraska [Mr. NoRRIS] enjoy the same rights and pri\ileges in this country as are en "·ould be precisely the same as it would be if our h·e~ty witll joyed by the citizens of our country or of the most fa\ored na Japan provided that the citizens of Japan should have the tion. Do I make myself plain to tile gentleman from Tennessee? right to attend the public schools of the State equaiJy wit~ Mr. GARRET'l'. Yes; I think I undet'stand the gentleman's and on the same terms as was enjoyed by the ~itizens of th~ position. . . State. . Mr. II:A.YES . . I want to ask the gentleman from Vermont if :Mr. NORRIS. It would obliterate the color line unless the his re earches will enable him to answer whetller, if the Gov State itself provides the color line for its own citizens. ernment of the United States should undertake to ·make a h·eaty l\Ir. FOSTER of Vermont. Yes. I state again what I have such as my friend· from Tennessee [1\Ir. GABRETT] suggests, it already said. If the State provides in its statute the color line would be a lawful and valid treaty under the Constitution? for its own citizens in the public schools, then, ur> to tllis time; 1\Ir.- FOSTER ·of "Vermont. It is my judgment that the power the Go1ernment of the United States, ·in its h·eaty-making power, of the Government in this behalf is confined to tile i·emoyal of has not undertaken . to confer upon any foreign subject, e1en the disabilities of alienage. It certainly bas never been suggest those of the most favored nation, a right greater than that en ed by any modern goyermpent that it could, by its treaty-making jo~7 ed by the citizens of the State respecting· those schools. power, exalt the alien abo1e its citizens. I repeat tllat our Ur. NORRIS. I do not claim that it could. Government bas ne\et' tmdertaken by treaty stipulations to do 1\Ir. GARRET..r. The conditions of such a treaty as the gen this: .All it bas undertaken to do has been to place the aliens tleman from Nebraska [l\Ir. Nonnrs] suggests would be met by a upon an equality with our citizens. In some cases in the very State assuring to those children of foreign lJirt~ an equal num7 earliest h·eaties the stipulation was to the effect that the peo ber of days, equal opportunities in point of study. · No reason~ 'ple of the foreign country should not be considered aliens; that able construction of such a h·eaty ·would mean tllat they must they should be considered on an equality with American citi ~ admit them to the same building. . If so, it would be just as zens with respect to the matter therein referred to. reasonable to say-with the permission of the gentleman from :Mr. GAINES of 'l"'ennessee. 'Viii the gentleman yield for a Vermont-that by treat-y they could compel tllem to sit by a question? 11articular individual or by a particular colored individual ~Ir. FOSTER of Vermont. I will yield. in a building after they had gotten· in there. The comlition~

Mr. ·GAINES of Te~essee. Will the gentleman inform the would be met by givil).g just the same 1;1umber of days1 wi~h the committee by what authority the States established what is same financial support to the school, and the same · number of known as "common" or "public" schools? studies in the school. · · · · ~Ir. FOSTER of Vermont. By_their own authority. Mr. GILBERT. .])Ir. Chairman, · I want a little informa: Mr. GAINES of Tennessee. The reserved right of the State. tion. The gentleman from "Vermont has evidently given this Mr. FOS'l'ER of "Vermont. I would say that the State is subject a good deal of in1estigation. Suppose the h·eaty-mak under no obligation to the National Go1ernment to maintain ing power of this Government · should, -by stipulation in a the public schools or any kind of scllools. treaty with any foreign power, undertake to regulate the school lUr. GAINES of Tennessee. Does it not grow out of the fact question in California or any other State, and should st1ecifically ·that the States resene to themsel1es all powers except those require. the same treatment to lJe sllown to nil the children of expressly · given away to · the National Goyernment, or neces all the nationalities. Suppose that should IJe tlle case, would sarily implied, and, having re ·etTed its power, these schools that have any validity at all in the face of the constitutionnl are promulgated under the police power of the State? enactment or tlle statutory enactment of the State of California? ~Ir. FOSTER of "Vermont. Aside from the treaty power of In other words, could the President and the Senate, lJy tile the Government, the maintenance and control of the public exercise . of the treaty-making power, annu_l and abrogate a s<;llools in each State are within the exclusi\e jurisdiction of statute made by the President and both Houses of Congre. . ? . tbat State. l\fr. FOSTER of "Vermont. To the latter question I say," Yes." Mr. NORRIS. I would, like to ask the gentleman a question. ' It has been done repeatedly in our history. But to the fir. t Mr. FOSTER of Vermont. Certainly. · part of the question I repeat wll.at I think the gentl~man could Ur. NORRIS. I want to ask the gentleman in reference to . not ha1e beard, He must have been abs~nt at the time I made a question asked llim a while ago in regard to the chool propo the statement before. Our Go1ernment, up to this time, bas sition. The lariguage in the treaty, or at least the one tllat the ne1er undertaken to confer any right upon foreigners that was gentleman considered, the Oregon treaty, was _not that they not enjoyed or that was greater than tlle rights enjoyed lJy our should enjoy tile same privileges as the citizens of this country, citizens. If a State provides by law that the white children lJut enjoy the same privileges as were enjoyed by the most shall be educated in separate schools, the colored citizens in favored nation. I take it that would refer to the citizens of separate schools, then, up to this time, the GoYernment of tbe other countries who were provided for by treaty. United States has not go_ne further than to say tllat people com~ l\lr. FOSTER of "Vermont. Yes. ing from a foreign ~ountry might ba1e the same privileges in Mr. NORRIS. Now, suppo.-e that some country had a treaty those schools that American citizens have. with our Go\erlllllent that the children, we will say, should en The CHAIRMAN. The time of the gentleman bas expin~(l joy all the privileges of our public.scbool system wllerever they l\fr. GILLETT. I yield twenty minutes more to the gentle might be located or situated in this country; then with that man from Vermont. kind of a clan. e in the treaty under consideration, e,·en . though l\Ir. GILBERT. What I meant to ask was, conceding tllat the subjects .were of a different color from us, would it not fol heretofore no such power had been attempte

in point of time, necessarily repeal the provisions of the treaty; to take property in this country, to inhertt property in this and has not the Supreme Court so held? country, to sell and dispose of property in this country, to reside Mr. FOSTER of Vermont Yes; a treaty stip1,1lation is un- in this country on the same terms with the subjects of the most- questionably superseded by a later statute of· Congress. favored nations, and so on. In other words, I will say to the 1\fr. GILBERT. I understand the law to be that an act of gentleman, aside from the disabilities of alienage affecting the Congress abrogates a treaty. right of suffrage, the treaty-making power of the Government 1\fr. FOSTER of Vermont. Ob, yes; an act of Congress that during the hundred and more years of our existence '3.S a nation is made later than the treaty. Certainly, that is true, because has dealt wit~ almost every disability of alienage by treaty the treaty is only a part of the law of the land, and the Consti- stipulations. • tution is also a part of the law of the land, and the laws of Con- 1\Ir. GAINES of West Virginia. Now, if I may further gress are a part of the law of the land. . trouble the gentleman, I fail to understand on what ground the 1\lr. GAINES of West Virginia. Mr. Chairman, I have en- gentleman would limit the right of the treaty-making power to deayored to follow the gentleman with great care, but I am not invade the Federal Government . as, for instance, to abolish the certain what limitations be bas placed upon the treaty-making House of Representatives. That would permit the treaty power of the Government For instance, he certainly would not :tl\aking power to go beyond the powers which the Government say that the treaty-making power might modify the essential has and invade the reserved rights of the States in local affairs. character of the Federal Government It could not abolish Mr; GILBERT. Let me put it in this shape: How can, the the House of Representatives. treaty-making power exercise a function that is n,ot !lelegated Mr. FOSTER of Vermont That is correct. to -the General Government at all? Mr. GAINES of West Virginia. Why 1;1.0t? l\Ir. FOSTER of Vermont. The gentleman from Kentucky 1\Ir. FOSTER of Vermont. Why, Mr. Chairman, take the case [Mr. GILBERT] does not state the case with exactness. I con- of any government in the world that confessedly exercises the tend, as I have repeated over and OVE!r again, ~bat the States treaty-making power as an incident of sovereignty. No .one did delegate expressly to the National Government the entire would claim for a moment that that nation by a treaty stipula- treaty-making power. If tpey were sovereign States when they tion could change the form .of its government. That would be de1egated that power, then they pos essed the treaty-making revolution. · Much more would it be revolution in our case. We power as fully as it was ever possessed by' any so"ereign power. have a written Constitution that prescribes the form of our While the States did reserve to themselves ·certain powers, they Gov~rnment, that establishes the legislative department of the divested themselves wholly of the treaty-making power and GoYernment, and that guarantees a republican form of govern- conferred it.all upon the United States. ment to the · several States. No one claims that the treaty Mr. GILBERT. The Government of the United States is power gives ·any government the right to change its form of . expressly a Government of· delegated powers. Now, if the government. And our treaty power is further limited, a.s I have treaty-making pow~r should undertake to exercise a func already pointed out, by those commands and inhibitions that tion that is not delegated to the Federal Government, then that are contained in the Constitution itself. attempt to exercise it on the part of the treaty-making powe-r 1\fr. GAINES of West Virginia. Is not the gentleman there- would be null and "oid. fore compelled to admit that the·treaty-mnking power can not 1\fr. HAYES. Just one question. The gentleman has alrea"y violate the Constitution of the United States? stated that the State government is under no obligation to main- 1\fr. FOSTER of Vermont Certainly. · tain public schools or to educate anybody. Mr. GAINES of West Virginia. That treaties as well as laws Mr. FOSTER of Vermont. Certainly. mu t ~e made under and in pursuance of the Constitution. · Mr. HAYES. I presume the gentleman will not deny that Mr. FOSTER of Vermont. Certainly. the Congre~s of the United States would have no authority un7 Mr. GAINES of West Virginia. Would not the gentleman der the Constitution to pass a statute compelling State educa practically bold that since the treaty-making · power can not tion. ·for example, of aliens, or regulating the conduct of the abolish one of the powers expressly granted to the Federal Gov- public schools in any State. ernment, H can not invade the powers reserved to the States? Mr. FOSTEH of Vermont. Certainly. Mr. FOSTER of Vermont I do not concede that. The States Mr. HAYES. But' still the gentleman claims, as I have might baye reserved to tbemselYes the right to make treaties. gathered, that the treaty-making power, the President, and the They might have IimiteQ. the treaty-making power. But they Senate of the United States might by treaty compel the State did not do so. They conferred the whole power upon the Na- of California, for example, to do in this regard what the Con tiona! Government, and expressly forbade any State to exercise gress of the United States under the Constitution could not do. the power. Mr. FOSTER of Vermont. I do not say that. I want to !'e- Mr. GAINES of West Virginia. And for that reason the Yerse it a little. I say this: That the treaty-malting power ot treaty-making power could not interfere with the right of. the the National Government can by treaty stipulation provide that State. the subjects of Japan may enjoy in the State of Califo~nia, Mr.' FOSTER of Vermont In reply to the gentleman, I fear equally with the citizens of the State, such public schools as the t ba\e talked in vain if 1 have not made myself plain upon this State of California does maintain. subject. I ba\e already quoted from Calhoun on the subject l\Ir. HAYES. Does, then, the gentleman maintain-- of the limitation of the treaty-making power. Let me read a Mr. FOSTER of Vermont. I can not yield any further, be- few words from an opinion given by him when he was Secre- cause I have not the time. The gentleman bas stated the ques tary of State away back in 1844. It is .true that the treaty- tion and I have answered him. making power is limited by certain provisions in the. Constitu- l\lr. HAYES. One other suggestion and I am done. The gen tion, but that the National GoYernment can not interfere with . tleman would doubtless admit that the courts have decided that mattel'S which but for the treaty-making power wo1,1ld be ex- a treaty is not of the ·same character as the st..'ltutes passed by elusively within the control of the State I deny. The Goyern- . the Congress of the United States? ment bas do:ne that repeatedly through its treaty-making power . Mr. FOSTER of Vermont. It is on an equality with the and bas been sustained by the Supreme Court Let me read, statute. what Mr. Calhoun said: Mr. HAYES. The courts have decided that a statute of the The treaty-makin.,. power has, indeed, been regarded to be so com- United States is of a higher character. prehensive u.s to embrace, with few exceptions, all questions that can 1\Ir. FOSTER of Vermont. Oh, no; treaties and laws of Con- possibly arise between us and other nations -and which can only be II th 1 f tb 1 d "th th Co ti adjusted by their mut ual consent, whether the subject-matter be com- gress are equa Y 'e supreme aw o e an WI e ns - prised among the delegated or the reserve powers. tution. That is John C. Calhoun in 1844. There is no question about 1\Ir. HAYES. · Equal? that proposition. It bas been recognized by the Supreme Court 1\Ir. FOSTER of Vermont If a statute of Congress is passed and by the courts of the States from the foundation of the later than the treaty, it supersedes it if relating ·to the same Government. · subject-matter. Mr. GAINES of West Virginia. · If the gentleman will permit 1\Ir. HAYES. Then I am mistaken. me, the cases he bas read have, almost all of them, related to 1\Ir. ]fOSTER of Vermont. There is no question about that. the conventions between this Government and foreign govern- As I have already shown, the treaty-making power may pro ments concerning property relations, admitted to be a proper vide that the foreign subject may be ~relieved of all the dis- subject of international conventions. abilities of alienage affecting tl1e rights of property. 1\Ir. FOSTER of Vermont. Concerning disabilities of Aside from the. treaty-making power, all these matters are in alienage. the exclusive jurisdiction of the State; yet whenever the United Mr. GAINES of West Virginia. Concerning the rights of States includes any of these provisions in a treaty the author- aliens to bold property in foreign ~untries. . ity of the State _must yield. . . r Mr. FOSTER of Vermont. To hold property· in this country, Mr. WILLIAMS. Will the gentleman pardon me a mome"lt? 1907. . . CONGR-ESSIONAL · REC-ORD-HOUSE. 1237

. Mr. FOS~ER of Vermont. My time is very limited, but I lation, might relieve the subjects of a foreign power of the disa- will yield. bilities of alienage respecting the public schools. And the gen- Mr. WILLIAMS. I desire to ask the gentleman this : Does tleman from Mississippi [Mr. WILLIAMS] seems to concede that the gentleman take the position that treaties are the .supreme the disabilities of alienage are within the jurisdiction of the law of the land, or only suCh treaties as are made under the treaty-making power of the Federal Government. Consider for authority of the United States? a moment some of the provisions of this very treaty with Japan. Mr. FOSTER of Vermont. A treaty must be .constitutionally This will indicate to the gentleman from Mississippi [Mr. WIL- made. , r..:rAMS] the scope of the treaty-making power as exercised in Mr. WILLIAMS. Well, then, if there be a power such as is tllese latter days. not delegated, but is reserved to the State, does the gentleman I read. from Article I : thilik that tile President and the Senate and a foreign country. 'l'he citizens or subjects of each of the -two high contracting parties can exercise that power? . "shall have full liberty to enter, travel, or reside in any part of the ter- . "~~Ir. FOSTER of Vermont. Well, I might read to the gentle- ritories of the other contracting party, and shall enjoy full and perfect .u protection for their persons and property. .man from John c. Calhoun. I have read some from it already. Mr. GILBERT. That does not touch it. I think be covers the whole ground. th b 1 Mr. WILLIAMS. Does the gentleman contend that what be Mr. FOSTER of Vermont. That does not touch e sc oo has read from John c. Calhoun covers the point I am . asking· question, and I desire to say that I stated distinctly at the start about now? . that I was not considering the question whether the language of Mr. FOSTER of Vermont. I certainly do. But repeat your the treaty was sufficiently broad . to justify Japan's claim. question, please. . They shall have free access to the com:ts of justice in J?Ursuit _and ~~ fen se of their rights; they shall be at liberty equally With native citi Mr. WILLIAMS. Whether, in connection with the exercise zens or subjects to choose and employ lawyers, advocates, and repre- of power, a given power which has not been delegated to the. sentatives to pursu·e and defend their rights before such courts, and in d t b t th I th dm t · all othet· . matters connected with the administration o-f justice they Fe era! G overnmen • u und er e e even amen en IS re- shall enjoy all the rights and privileges enjoyed by native citizens or served to the States or the people, the action by treaty of the subjects. · Presid,ent, the Senate, and a foreign country will control, not- In whatever relates to rights of residence and travel ; to the pas- withstanding the action of a State? session of goods and effects of any .kind; to the succession to persona~ · estate by will . or otherwise, and the disposal of property of any ::;.ort . Mr. FOSTER of Vermont. If the Constitution provides, as· and in any manner whatsoever which they may. lawfully acquire, the I have already indicated in what I quoted from John C. Cal- citizens or subjects of each contracting party shall enjoy in the tel'l'i houn, that a certain thing shall be done in a certain way, then tories of the other the same privileges, liberties, and rights, and shall be subject to no higher imposts or charges in these respects than na it must be done in that way, and not by treaty. For instance, tiv& citizens or subjects or citizens· or subjects. of the most-favored as I have read from Mr. Calhoun, the Constitution provides that nation. · t' 'l'he citizens or subjects of each of the contracting parties shall enjoy no money shall go out of t b e T reasury except b Y appropria IOn. in the territories · of the other entire liberty of conscience, and, subject Mr. WILLIAMS. That is not the point, if the gentleman will to the laws, ordinances, and regulations, shall enjoy the right of private d I t kin h . b t those matter·s concern ot· public exercise of their worship, and also the right of buryinoo their par on me. a.rp no as y g rm a ou - respective countrymen, according to their religico.IS customs, in such suit- ing which the Constitution expressly lodges power in a certain able- and convenient places as may be established and maintained for department of the Federal povernment. That is what th~ that purpose. · tl · t lk' b t her the other department under 'l'hev shall not be compelled, under any pretext whatever, to pay any gen eman IS a mg a ou • W e - charges m· taxes other or higher· than those that are or may be paid by takes to usurp it by treaty. native citizens or subjects, or citizens or subjects of the most favored But I am talking about that vast reservoir of powers that nation. are .not delegated to the Federal Government, but are reserved A consideration of these far-reaching provisions will show the in amendment 11 to the State and the people. Now, does the scope of the power given to and exercised by the National Gov gentleman contend that the Senate, the President, and a foreign ernment respecting treaties. One of the most important of these country may change the Constitution of the United_ States by provisions is .that relating to the cour~s . Those who contei;ld exercising a power that is not delegated to the Federal Gov- that the Government bas not the power to say_ by treaty stipu ernment, but is reserved to the States? lation that aliens may· enjoy the schools of the States on equal l\Ir. FOS'.rER of Vermont. I do contend that the treaty- terms with their citizens say truly that the States are under making power is riot limited to the powers that are granted to no obligations to the · National Government to maintain any' the Fedeml Government expressly by the Constitution. · Now, schools. It is equally true that the States are under no obli take this q_uestion of disabilities of -aliens. Is there any ques- gations to the National Government to maintain courts of jus t ion about that? · tice. They are as niuch the creature of the individual States Mr. WILLIAMS. That is a different matter; a question in j as are the public schools. And yet the Government has stipu mf opinion that is delegated. Now; let us talk about a matter Iated, as it does in this treaty with Japan, that aliens may have about the nondelegation ~f which there is no doubt. Suppose access to such courts as the States maintain for the protection that the Federal Government undertook in a treaty to make any of their rights and the redress of their w1·ongs equally with regulations for the benefit of a foreign power concerning the and on the same terms as the citizens of those States ; and no trial of a man in a court of justice in a State for petty larceny. one has successfully deni~d its power to do this. If the Gov Do you pretend that the Federal Government could enter into ernment can do all these things for the. alien, the conclusion is any valid, binding obligation that would be constitutional and irresistible that it may guarantee the child alien, who is in· no therefore valid, that would not be set aside by the States way responsible for the circumstances in which be is .found, ·upon a subject-matter everybody admits is a reserved and not a that be may enjoy the public schools of the State in which he delegated power? lives equally with and on the same terms as the citizens of that J.Ir. FOSTER of Vermont. Why, l\fr. Chairman, I do not for State. To say to the child alien that "in whatever relates to a moment claim that · the Government could go further than to right of residence be shall enjoy in the territory of the United provide that the accused, if an alien, should have the same ~tates the same privileges, liberties; and rights as native citi: rights, be accorded the same treatment, and be subject to the zens " means for him protection from those conditions that same penalty as if be were a citizen of this country. would dwarf or injure his inner life, as well as protection from l\fr. WILLIAMS. Does the gentleman-- outward violence. Mr. FOS'.rER of Vermont. Let me go on and finish this. All As I said at the start, I am not discussing whether such a I have undertaken to do throughout my remarks i~;~ to show bow provision is contained expressly or impliedly in om· treaty with far, in my judgment, the National Government can go under its Japan: That is . for the executive department of the Govern treaty-making power respecting the removal of disabilitie~ of ment to determine. Nor am I considering the wisdom of such aliens living within the United States. a proVIsiOn. If it is contained in the treaty and if it is deemed Mr. WILLIAMS. In other ~ ords, the gentleman contends unwise; there is a proper and honorable method by which to se t~at the Federl:).l Government, or rather the ~resi~ent, the Sen- cure it.s modification. But if it is contained in the treaty, so ate, and Japan, for that is what we are dealmg w1tb-- long as the treaty remains in force it is binding upon the con Mr. FOSTER of Vermont. The-treaty-making power, I call it. science of the people of the mate. As the Supreme Court de Mr. WILLIA.l\IS. That the treaty-:r.r;taking power can contl"ol, clared in 1893: amend, altei.·, or repeal a State statute concerning the manage- 'l'he United States are a sovereign and independent nation, and are ment of schools established by the State, paid for by the State, vested by the Constitution with the entire control of international re and engaged in the business of education-a business reserved lations and with all the powers of government necessary to maintain that control and to make it effective. The· only government of this to the State? . country which other nations recognize or treat with is the Government .Mr. FOSTER of Vermont. If the gentleman bad beard all I of the Union, and the only .American fiag known throughout the world have said upon the subject, I do not -think be would undertake is the fiag of the United States. to state the case in this way. Let me say again for his benefit And so long as the treaty remains in force it is the sworn that what I have said is, that the United States, .bY treaty stipu- . duty of the President to enforce its provisions as a pa,rt of the . . . 1238 CONGRESSIONAL RECORD-HOUSE. JANUARY 16,-

supreme law of the land, and in ·doing this he shall not be liberty, ~mel the . pursuit of happiness, and that to secure these chargeu with attempting to coerce a sovereign State. For while rights governments . are constituted among men deriving tll.eir the individual States within their sphere are supreme, the power just powers from the consent of the governed. It is a fact of of the National Government within its jurisdiction is "absolute trem~ndous significance that the aptbor of this immortal proc and uncontrollable." It extends over all the people and to ·the lamation, Thomas Jefferson, was also the founder of the Demo farthest corner of the remotest State. .And the President. in cratic party. [.Applause.] executing the laws of the n::1.tion wields the combined power, . When the Declaration of Independence flowered from. his "the absolute and uncontrollable power,". of fourscore millions brain and pen, the Democratic party of the United States bad of sovereign people. been definitely inaugurated. For fifty years Jefferson remained From the days of Benjamin Franklin·, our first and still our the world's most con picuous defender of human rights, the greatest diplomat, the .American people have 1nsisted that our leader of the Democratic party. He was the opponent of im- · foreign reiations should be grounded in the highest morality perialism and monopoly, a disciple of equality. He believed in and justice. Our foreign relations have become one of the the people; he was devoted to their interests. He championed most important functions of the Government. Our own growth both the capacity and the right of the people to govern them and expansion during the last hundred years, and the contrac selves. "I am not among those," be said, "who fear the people; tion of the world through the extinction of distance, have bro.ught they and not the rich are our dependence for continued free the nations of the .earth to our door and have taken us to dom." , Again be said: "The people are our only . relia~ce for their door. Hundreds of thousands of .Americans are con the preseryation of our liberty." Again · he said : "No other stantly in foreign lands. They are there for business, for pleas depositaries of power than the people themselves have ever been ure. In addition to the tourists who come to our country from found which did not end in converting to their own profit the other lands we have a million immigrants pei· year. These earnings of those committed. to their charge." It was fitting people leave kindred and friends at home and form new friend that the founder and the leader of the Democratic party should ships here. Hundreds of thousands of them return each year, have been so forcible an exponent of the people's cause. To-clay, leaving kindred and friends here. Our vast foreign commerce eighty years after the death of Jefferso:p, sixty years after the brings us into contact with the other nations of the earth, for death of his great successor, Jackson, another leader has arisen the products of our .field and our factory go to nearly every to illush·ate in his life, to glorify in his utterance, the perma harbor in the world. .And so it comes to pass in these days of nence of the Democracy and the beneficence of its principles modern development and modern enterprise and modern in in 'Villiam Jennings Bryan. [.Applause.] Thus the Democratic -vention and modern unification that no nation lives unto itself party of the United States began with the United States. It alone. Our diplomacy has assumed new proportions. And in bas destroyed the · various parties with which oppression and all her foreign relations the great Republic standing for equality greed have successively opposed it, the Federalist party, the of opportunity must continue to shape hei· conduct by the prin Whig party, and minor organizations, and it i ooly a matter of ciples of the highest morality and justice. [.Applause.] time, such is the vitality of its beliefs, nntil it sends its latest l\Ir. SHEPPARD. 1\Ir. Chairman, I rise to discuss the pres adversary, the Republican party, to join its departed prede ent economic and political sitUation. .As the close of the Fifty cessors. [.Applause.] ninth Congress is rapidly ·approaching, it may not be out of I said that even in assemblie gathered to frame systems of I place briefly to review the hi tory ~f the great .American parties, governments for republics the line of division was observabl~ / to consider their underlying principle", to compare their· achieve between those who upheld and those who doubted the capacity ments, and to analyze their attitudes with reference to the of the people for self-rule, between those who would give the future. . people as much to do with government as possible and those who The most amazing fact in all the amazing history of the would gi>e the people as little to do with government as pos United States is the vitality of the Democratic party. It is as sible, between democracy and aristocracy. In the Constitutional eternal as justice, with which it is syn.onymou ; as .indestructible Convention of 1787, which de\ised our present Federal system, as trutb, for which it stands. No other political organization the followers of Jeffer on represented the forces of popular ever sunived such revolutions of human thought and action as government, while Alexander Hamilton, a man of extraordinary those through which it bas passed intact, unawed, and undis ability, led the element which . distrusted the people. The tend mayed. Frequently majorities, fascinated by the lights that encies typified by Hamilton and Jeffer on in the formativ~ quiver about the rot of empire and of greed, by the glamor of years of the Republic have constituted the basic battle line concentered· ')"ealtb, the pageantry of power, have rejected its between American political parties throughout our hi. tory. · The pure and salutary teaching. Frequently it bas come unto its Democratic party is the only .American political party that has own nnd its own received it not. Frequently its enemies have maintained a continuous existence from the beginning of tlle pronounced it dead, but always they have seen it rise with added nation to the present, and to-day it prouclly reasserts the tend stature and redoubled strength to press anew the conflict for the encies and principles of Jefferson. The party which first fol people's i"igbts. [Applause.] The Democracy is imperishable lowed Hamilton and his aristocratic teachings was the Fed because it rests on an imperishable doctrine-the doctrine of eralist party. It crumbled before the repeated assaults of the equal rights. When first the human heart was stirred with pity Democracy and was succeeded by the ".'big party. The Whig for tlle wrongs of man democracy began. The .first tear that party in its turn succumbed and tbe· pre ent Republican party quivered in compassion for human woe and want was the first took its place. To-day Hamilton and Jeffer ·on lh:e again in Democ.ratic platform. The most tragic sh·uggle of all the ages the Republican and Democratic parties. 1.'be Republicans re\ of God bas been the struggle between those who loved the people erence Hamilton as their father god, their tutelary deity and and wished to see them pro perous and free and those who dis saint, and they have established lordly clubs bearing his name trusted, exploited, and oppres eel them. in the great cities. We have examined Jefferson's ideas in or The ftmdamental division in every nation and in every time der to ascertain the origin and inspiration of the Democratic bas been between the overburdened .many and the underbur part~· ; now let us investigate the beliefs of Hamilton in order dened few, between the masses and the masters, between the to grasp the aim and mission of the Republican party. advocates of the people's dominancy and the people's subordi In the Constitutional Convention of 1787 Hamilton proposed a nation. Even when republics were to be established the same plan of government for the United States, a plan which provided division has been obsenable among tl10se summoned· to devise a that the Presi-dent and Senators. hould hold office for life, subject system of government. The .American Revolution was equally only to impeachment, and that the Federal authoritie sllould the most notable and succe sful contest for popular rights in appoint the governors of the States, who were to have a veto mortal records. It dedicated a virgin world to liberty. It was over all State legislation, these governors to have virtual life dominated and transfigured by a valorous-de~otion to the prin terms. The people of the States were to ha\e no authority in ciples of equ.ality and brotherhood. The motives which prompted· the matter. In a speech befor.e tile Con\ention "he acknowl the colonists to commit their lives and fortunes to the issue edged himself," to quote exactly from .Madison's minutes, "not of unequal conflict were expre. sed in the Declaration of Inde to think favorably of republican government, but addressed his pendence, an instrument so molded in the el~quence and the remarks to those who did tbirik favorably of it," in order to try justne s of human rights that it will be recognized forever as to persuade them "to tone their go-vernment as high as po ible." the permanent constitution of liberty, the chief classic in the Again, in ·giving the Convention his ideas of government, he said literature of freedom. (.Appian e.] It was the inspiration of that in his private opinion he bad no scruple in declaring the the Revolution, and the Supreme Court of the United States British Government the best in the world, and that he doubted has officially declared it to contain the spirit of our Government. whether anything short of it would do in America. As to the The essence of that celebrated document was in the announce Executive, he said before tlle Convention that the English ment 'of the truth it proclaimed to be self-evident, the truths model wa the only good one on the subject. Let us not forget that men are created equal, that they are endowed by the that the English Government was and is a monar~chy. Senatvr Creator with certain inalienable rights, among which are life, HENRY ·CABOT LODGE, of Massachusetts, one of the Republican 1907. CONGRESSIONAL RECORD-HOUSE. 1239 lea.d~rs in the Senate of to-day, says in his Life of Hamilton that 1857 was a ·speculative disturbance emanating from the very Hrunilton did not believe in democ1'acy as a system of govern exuberance of the times, a flurry due to the excessive purchas ment; that be believed in class influence and class representa ing of western lands and the construction of too many railroads tion, a strong government, and in an aristocratic republic. Such for the im..r:n,ediate needs of the country. The Democratic tariff were the views of the man whom Republicans acclaim as of 1846 was so satisfactor-y that the Whig Administration of fou·nder and as saint-views which contradict the spirit and 1848 did not dare or desire to change it. question the stability of American institutions. It is little won James _G. Blaine, one of the ablest·and most uncompromising oer that the Republican party which traces its birth, through Republicans in American annals, says in his great book, Whig and Federalist ancestry, to the aristocrat who doubted the Twenty Years in Congress, that the acquiescence in the tariff people and who would have subjected the masses to the classes, to of 1846 was so general that in 1856 a protective tariff was day shows its loyalty to its origin through violation in the Philip not even suggested, or even hinted at, by any one of the pines of the principle of government by consent of the governed three parties which presented Presidential candidates. Popu and through deshllction in the entire United States of the prin' lation increased, fTom 1850 to 1860, 35 per cent; wealth, 126 ciple of equal rights by a system of tariff taxation which impov per cent. From 1850 to 1860, under Democratic tariffs, railway erishes the many and upbuilds the few. The monarchical im mileage increased 300 per cent; fi·om l890 to 1900, principally pulse is seen· in the Republican President to-day, who tries to under Repubncan tariffs, only about 19 per cent. From 18.50 regulate everything in the country from the size of families to to 1860 capital employed in manufacture increased nearly 90 the method of spelling. [Laughter.] When he gets through per cent; from 1890 to 1900, about 30 per cent. From 1850 to \irith Congress be brandishes the big stick above the cradle and 1860 the value of manufactured products increased 85 per cent; the dictionary. The Republican party in its wild career has from 1890 to 1900, about 40 per cent. Thus, after thirty years piled Pelion on Ossa, Root on South America, Taft on Cuba, of tariff discussion and legislation, the American people de and Roosevelt on Noah Webster. [Laughter.] Since the Presi liberately and with .practical unanimity adopted the Demo dent bas begun to reform the dictionary -the American peopl_e are cratic conception of tariff taxation. Indeed, it· is doubtful preparing to give him an instance of-simplified spelling he may whether the repudiated doctrine of high protection would have not appreciate. They are going to spell President, B-r-y-a-n. ever reappeared in our political history but for the civil war. [Laughter -and applause.] The civil war marks the boundary between the two great Oppression finds its climax and avarice its crown in the pres periods of our tariff history. The present Republican tariff ent Republican tariff system. It is the most effective instru system finds its origin in that frightful strife. ment of public spoliation that greed has yet fashioned or tyr In order to meet the· enormous expense of an enormous war anny devised. Its own history is the most emphatic exponent of the heaviest taxes which the country and its resources could its infamy. If there is anything a Republican hates it is possibly bear were imposed on practically every article of pro history. [Laughter.] . When the American Republic began it duction and consumption. As an offset against the high in was chiefly an a·gricultural country, and for more than twenty ternal rates on manufactured articles heavy duties were laid years it so remained.. The war of 1812 with Great Britain on competing imposts. Th~ war tariffs reached an average of closed our ports and gave an impulse to domestic manufacture. almost 50 per cent, but they were defended on the ground of Large sections of the country turned their attention and their an emergency which threatened the nation's life, and it was capital in that direction. 'rhe close of the war brought an in generally understood that they were to be reduced at the flux of goods from Europe, and the young industries hardly able close of hostilities. Indeed, the tariff acts of July, 1862, and to stand were threatQned with extinction. President Madison, April, 1864, were entitled "acts to increase duties temporarily." in his message of December, 1815, recommended a tariff on for The other great war tariff .act, the act of June, 1864, did not use eign goods sufficiently high to shield the youthful industries the word "temporary" in its title, but 1\Ir. Morrill, the Re until they could care fur themselves. The tariff of 1816 was publican spokesman, in urging its passage, said that it was in the result, a tariff averaging 20 per cent, a tariff recommended tended as a war measure, a temporary measure, and that it must by a Democratic President and adopted by a Democratic Con be defended as such. The contest ended and all the · exorbitant gress. Thus the Democratic party in 1816, forty years before war taxes were removed except the war tariff. And that war the Republican party was born, through a 20 per cent tariff tariff the Republic.:w party has gradually increased, until to preserved American industry in the hour of· its real peril: To day, forty years after the war, in an age of peace, it ranges from day the Republican party, with a tariff ranging from 50 to 100 50 to 100 per cent. The only exception in this long period of per cent, pampers American industry in the period of its great rising taxation was the three-year interval of the Democratic est strength. [Applause.] Secretary Shaw, the Republican tariff of 1894, the so-called "Wilson law," which inaugurated Cabinet officer, said recently that the American people should a substantial reduction of the martial charges. Thus to-day ~e willing to pay a little more in order to help An;lerican manu the people pay on almost everything they eat and wear and use facturel·s, and so they were ninety years ago when American the highest tariff taxes the counh·y has e-ver known, taxes manufacturers needed help. But the people are unwilling and higher than those of the most stupendous war in American or unable to pay from 50 to 100 per cent more for almost every arti in universal histor-y, taxes higher than those which would not cle of necessity and use to these manufacturers to-day when they have been tolerated a moment but for the argument that they have become the richest and most powerful in the world, able were the temporary weapons with which a gigantic national to meet and master competition anywhere on the globe, when crisis must be fought through combination and monopoly they have become so omnip The most universal Republican argument on the tariff ques otent and so merciless that the question is no longer how to tion is the panic of 1893, and it shows that Republican aversion use the people's means for them, but to protect the· people's to history 'is equaled only by Republican perversion of history. means from them. [Applause.] Republicans assert that Democratic tariff legislation produced From 1816 to 1846 the American people discussed and tested the panic of 1893. The Wilson tariff bill, the only Democratic every phase of the tariff question. In 1828 and in 1842 high pro tariff since the war, became a law in August, 1894, and soon tective tariffs were enacted with rates lllnning as high as 50 times began to improve. And yet Republicans say that the per cent. But the final judgment of the people was against the Wilson bill of 1894 caused the black times of 1893. When the high protective system, and in 1846 the Democratic party es economic convulsion of 1893 occurred, Republican tariff rates tablished a tariff law on the principle of revenue, the principle were in unresh·ictecl operation. Cleveland had been inaugu that no higher rates should be levied than necessary to furnish rated, it is true, but the McKinley tariff act of 1890 was in revenue for the expense of government economically admin force and so continued until late in 1894. Johnston and Taus istered, a tariff law which met with almost universal approba sig, two of the most -prominent ~uthorities on our fiscal his tion. The original advocates of protection never urged it as a tory, unite in attributing the panic of 1893 to causes entirely permanent policy; under the leadership of Clay they defended disassociated from the Democratic party and the Wilson bill. it only as a means of putting new and inexperienced industry Occasionally Republicans assert that it was the prospect of a on its feet. '!'he idea of perpetually h·ansferring a large per Democratic tariff which produced the panic. This is to say centage of the people's earnings through import taxes to the that the American people deliberately voted upon themselves manufacturing classes, regardless of how powerful and how the prospect of a panic, and the mere statement of such an ab prosperous, how independent of both foreign and domestic com surdity is its own refutation. petition they may become, was not dreamed of in the United Our agricultural and industrial enterprises are rapidly out States until the Republican party, out. of its wedlock with crim growing home consumption. In fa:ct , inany of our industries inal wealth, produced a school of stand-patters, of whom Secre and commodities are absolutely dependent on a widening foreign tary Shaw is perhaps the most exhilarating example. [Laughter market. Our export trade now reaches an annual volume of and applause.] Under the Democratic tariff of 1846 and its over a billion and a half. It becomes more necessa1-y every successor, the tariff of 1857; the counh-y enjoyed the most gen hour that we should cultivate harmonious trade relations with eral and most genuine prosperity of its history. The crisis of other countries. And yet the enormous rates of the Republican 1240 CONGRESSIONAL RECORD-HOUSE. JA.NUARY !6, tariff are producing antagonisms everywhere. Nation ·after world, but it can not compel the foreign or domesti~ purchaser nation is constructing retaliatory tariffs against us. Germany, of the farmer's cotton or corn or wheat to pay one cent more in a remarkable spirit of forbearance, has postponed for another than the price based on the cheapest market in the world. The year the operation of . her retaliatory tariffs against American American manufacturer bases the price of an article on what goods in the hope that our tariff may yet be modified. But the the foreigner can lay it down for; he knows that the consumer standpatters conh·ol the Republican party and are set like flint must get it from him or tile foreigner: In fixing his price the against the slightest reduction. They continue to place the foreigner reimbur es him.,elf for the tariff charge, the trans United States in an attitude of defiance before the world. And portation cost, and allows for a profit. Tilis price the American yet the present Republican tariff law itself, in section 4, made manufacturer cilarges, pocketing as clear and unearned gain distinct provision for a 20 per cent reduction of all its rates the equivalent of tile tariff and ~he tran portation cilarges. through such reciprocity arrangements as might be negotiated This price tile American manufacturer cilarges whether the with other countries within two years from its enactment. foreigner actually brings the article here or not ; he knows that How arrangements " ·ere negotiated with important countries if the consumer silould endeavor to seek relief by purchasing and how they were allowed to die by limitation in the Repub from the foreigner the latter would add tilese elements in lican Senate is ancient, but none the less deplorable, history. making up the charge. And yet McKinley on the clay of his assassination at Buffalo, When the American consumer buys an imported article, the in September, 1901, warned the .A.merican people that-the period equiYalent of the tariff charge goes to the Go--rernment for pur of exelus1venes had pas eel; that the expansion of our trade poses of revenue. Wilen Ile buys an article of domestic manu and commerce was the pre ·ent problem; that the high tariff facture, the equiyalent of the tariff goes to the manufacturer for schedule· should be reduced. The Republican party has ig purpo es of enrichment. During the twelve months ending with nored this solemn counsel. And yet Senator DoLLIVER, of Iowa, last Augu t we bought a billion and a quarter of foreign goods, a: ~ prominent Republican Senator, jn a speech in the United and of that amount several Iltmdred millions went to the GoY States Senate in January, 1903, recalled the fact that he had ernment in the shape of revenue. During the same twelve been a member of the Ways and Mean Committee of the House montils we bougilt over -eleven billions of Ilome good , and of of Representatives in 1 97, when that committee framed tlw that amount not less than two billions, as I shall demonstrate pre ent Dingley tariff, and stated that in fashioning its sched later, went to these pampered manufacturers in the- shape of ule duties were put up for the express purpose of being traded plunder. Secretary Shaw, in his very entertainino- speeche down. The rates which were purposely made too high in 1 97, throughout tile country, talks of jewelry and cut-gla s vase · the year of the enactment of the present Dingley law, have not and ·endeavor to leave the idea that only tho e who actually yet been traded down, and we are now entering the year of buy imported goods bear the burden of the tariff. The fact 1907. And yet President Roosevelt, in his first annual me~ is that the equivalent of the tariff charge form an element sage, his message of 1902, recommended the appointment of a in the price of every article of domestic manufacture when commis ion of bu iness experts to correct the inequalities of. there is a tariff rate on the corresponding and competing foreign the pre>copper, and in practically all steel :mel iron products, includincr nails and lead; with 18,000. mile of nayigable waterway and more than chains and cutlery and wire, bleachings and duckings, borax, 200,000 miles of railway; .with four-fifths of tile world' .cotton : chemicals, paints, oilcloths, mattings, carpets, rubber and with every climate and every soil; with the greatest stretch leather goods, building stone, lumber, furniture, cement, glass of territory on the globe in which tilere is absolute freedom of antl glassware, harness, saddlery, and hardware, tin plate and tin trade,· we have achieyed the industrial prim[\cy of mankind, ware, toys, typewriters, ewing machines, watche , and so forth. and the whine for continued subsidies from the people for our I have mentioned tilese few items out of a host of items to show giant industries doe little credit to American intellio-ence ot· tllat tile tariff and the trust domin~te the nece sities of life, American patriotism. [Applau e.] · Nine million people at work the articles which the poorest family must have in order to live. in the factories of Great Britain produce goods not much mo1·e Even if the trusts had not combined to control these article , the than half the value of tllose produced by about seven and Democratic party would hold that tile present high tariff ta..'\:es one-half millions in American factorie . The number engaged upon them in the interest of manufacturing magnates, already in tile factories of Germany and France are mucll greater, the wealthy and more than capable of competing with the world, value of the products in both countries much smaller, than in is plunder in the name of law. those of America. And yet our manufacturers have tile hardi Observe the injustice to whicll the system subjects the agri hood to nsk for contributions from tile people to protect them cultural rna ... es, tile producers of cotton and corn and wheat, against the e counh·ies, with \Yllich natural adynntage enalJle for example, the prices of which are determined in the markets them o easily and so uccessfully to compete. Iron and steel of the \YOrld becau e the supply exceeds the home demand, and can be made in the United States cheaper than any\Yilere el the foreign price regulate the home price. They must sell the in the world, as admitted by hlr. DALZELL, of Penn ylvania, on products of their toil in competition with the earth, with the the floor of the Hou e during the la t se ion. Then wily should cheapest places of production on the globe ; they must buy the the people be subjectetl to a tariff of 40 per cent on iron n.nd things witil which they make these products and sustain and steel? educate their familie from industrial monarchs in this country, Why do American manufacturerN need protection when tiley who nre shielded· from foreign rivalry by the .tariff and sheltered undersell foreign competitor. in foreign markets ancl ell their from domestic competition by the trust. [Applau e.] What is American products cheaper abroad than at horne? . It i a fre the result? Ten and a quarter million people in the United quent assertion of Republican peakers that only four million State engaged in agricultural pur uits, with a capital, includ of goods are sold abroad at cheaper prices than at home. :JUr. ing all farm property-lands, buildings, implements, live stock, DALZELL, one of the most gifted and conspicuous champions of and the like-amounting to twenty and one-Ilalf billions, ob high protection, repeated this statement during tile In t se ~ion. tain an annual return of three billions; 7,400,000 people en And yet in tile same speecll he stated that we sold our surplus gaged in manufacturing, with a capital of about eleven billions, cheaper abroad than at home, so that our mHls and factorie obtain a total annual return of about thirteen billions. The might run twelve months iu the year in tead of nine. Is it Republican protectiYe system compels the farmer to pay a price possible tilat our mills and factories turn out only four mil· for manufactured products based on the highest tariff in the lions of goods in three montlis? The averag _annual output is 1.9.07. CONGRESSIONAL RECORD-. HOUSE. 1241

about thirteen billion, or more than a thousand millions every hardly a reputable factor in the world's ocean h'ade. . By far montll. · the larger portion of American oversea h'affic is transported in · Ir. Schwab, the steel magnate, said in his testimony before foreign bottoms. the Imlustrial Commission tllat it \vas a fact generally true of - Such is the patriotism of the tariff-swollen classes. These all our exports that they sold at lo:wer prices in foreign mrrrkets economic tories who have fattenNl on the tariff are entirely will than at home. According to the testimony of James J . Hill be ing to have the shipowners subsidized from the United States fore t!Je Merchant l\larine Commission, a railroad 1,500 miles Treasury-the pocket of the people-and already a ship-subsidy long was built in Canada a few years ago with American steel bill has passed the Republican Senate. The manufacturer says rails bought from American manufacturers at $10 per ton to the shipowner: "The American people -have enriched me; per cheaper than a competing and parallel American railroad was haps you can be equally successful. Don't ask me for aid ; ask able to buy them. the people. Get Secretary Shaw and Congressmen HEPBL"'R:'l', Tb~ New York Press of l\lay 7, 1906, a stalwart Republican GROSVENOR, and others to tell them that it is 'pay '-triotism, paper, reported the sale of 3G,OOO tons of American steel billets with the accent on the 'pay.'" [Laughter and applau e.] A during April at an e:A-port price of $18 per ton when the home few months ago the city of San Francisco sank upon its dissolY price was $27 per ton. This means a difference of about ing foundations, and the heart of the world stood still. It fell a $245,000 a month, or two and one-half millions per year, in fa blackened mass, and from the ruin there rose a cry that must vor of the foreign consumer in this one item of the great iron have startled the outposts on the· battlements of heaven. And as and steel trade. Seeing this statement in the New York Press, the gallant people staggered from the chaos and the wreck, ex Congre ·sman SPIGHT, of .Mississippi, wrote the editor and re hibiting that American courage which is most conspicuous in ceh·ell not only a confirmation of the statement regarding steel disaster, a thrill of sympathy and admiration went roun

the most satisfactocy tariff law they· have ever had. The Re ent exemplification of the principle of self-government on this publican party will neyer make a sincere and effectiye modi continent than through the acquisition of provinces in eyery fication of the present enormous rate . It has . pretended to quarter of the earth. But why baye other nations acquired undertake their revision on seyera l occasions since the civil dependencies?. It is because they have developed their own ter war inauguratecl them on a scale which would never have ritory to the fullest possible extent and must find outlets for been permitted in a time of peace, but the Republican party surplus energies and oYerflowing populations. Is this the con ha neYer touched the tariff except to increase it. The last dition of the United States? No; it is capable of perhaps ten Republican national platform as erted that the tariff should times its present population, and the development of its conti not be revised until changing conditions demanded it, and ex nental territory will consume our best thought and effort for perience demonstrates that the dominant element of the Re centuries to come. Then why cling to distant lands in persist.: publican party will neyer admit the existence of such condi ent Yiolation of our most cherished principles? Our entire for tions. In October of · 1905 the Republicans of Massachusetts, eign possessions are' not to be compared to our Western States . in State conyention assembled, demanded a revision of the and Territories as an outlet for population, a field for capital tariff. and manufacture. California and Nevada are s large as Hol During the first ession of the present Congress the Repub land, Belgium, Portugal, and France combined; Washingtmi lican Members from 1\las achusetts authorized Representative and Oregon are as large as Great Britain, Denmark, and Switz 1\lcCA.LL, of that State, in the name of Republican Massachu erland; Utah and Arizona are as iarge as Spain; Idaho and . setts, to reque t the Republican Congressional leaders to permit :Montana are almost the size of Aush·ia and Hungary; Wyoming a re-vi ion of the tariff. In 1\larch of 1906 Mr. McCALL ad and Colorado are as large as the German Empire; New Mexico dressed a letter to Chairman P.AYNE, of the Ways and Means is practically the · size of Italy; the Dakotas, Kansas, and Ne Committee, the Republican floor leader, reciting the tariff clause braska are as large as Norway and Sweden ; Indian Territory is in the la t Republican national platform, stating that the Massa the size of Greece, while Texas and Oklahoma are equal in area chusetts delegation believed, with the people of Massachusetts, to ..,.ew Zealand and Japan. The combined population of the that conditions had so changed that the public interests de foreign countries I have mentioned is about 300,000,000; that of manded the alteration of the present tariff, and asking revision the ·western Amerjcan States equaling them in territorial ex~ and readjustment. 1\Ir. PAYNE, voicing the views of the domi tent about 10,000,000. What infinite possibilities of expansion nant, stand-pat element of the Republican party, replied, deny and development are presented within our own boundaries! ing that conditions had so changed and refusing the appeal. The limitless West is ours already; no millions to be expended · He said that Congress was not prepared to re-view the tariff in subjugation, no blood to shed, no grayes to fill, no princi schedules in that calm, judicial frame. of mind so nee sary to ples to violate; the people already American , their institutions the proper preparation of a tariff act at a time so near the Con our institutions, their sympathies our sympathies, their hopes gre sional elections. The Congressional elections haye pa sed, our hopes, their God our God. As bas been strikingly said, and we are now told that the Republicans will not consider the "Let us dig more ditches in the West and fewer gra-ves in the question of revision before 1909. And so the subterfuge and · Pililippines." [Applause.] procrastination. continue. Tile Republican party has exhibited an astounding and dan Not only has the Republican party desecrated the principle gerous indifference on the subject of the currency. They boast of equal rights in the establishment of a flagrant tariff system, of establishing the gold standard, but they have done nothing to but also it has degraded another basic principle of the Declara solye the problems that have arisen since its establishment In tion of Independence, ·the principle of goyernment by consent an address seyeral months ago before the West Virginia Bank of tile goyerned, through its policie in the Philippines. During ers' Association Secretary of the Treasury Shaw said: the last eight years the Republican par.ty · bas extended our The system is not perfect largely because it is nonelastic. It fails dominion OYer 9,000,000 foreign peoples in foreign seas, the to respond in volume to the changing needs of seasons and localities. Attention bas been called to this many times by many people. That Yast majority of wilom are subjects goyerned regardless of their there will be no further currency legislation .until we shall have expe con ent. The subjugation of the Philippines has cost us 'hun rienced a panic occasioned by the want of elasticity I am convinced. dreds of millions, aside from the sickening slaughter following The country does not appreciate the danger, and until the danget· is fully understood no remedy will be applied. We came nearer such a a fanatical and hopele s resistance. Thus the Republican party panic September 20, 1902, than most people appreciate. The fact that has made the American flag a symbol of tyranny. It bas vio we escaped then does not raise a presumption that we will always es lated its original teachings and blasphemed the memory of its cape. A glaring defect at a vital point will somewhere soonet· or later founders. The Republican party was dedicated to the preserva assert itself. tion of the rights of men. It was born with a cry against Could there be a more unanswerable condemnation of the Re human slavery on its lips. With impassioned energy it pro publican party? We baye here the deliberate prediction by a claimed the doctrine of universal liberty, and 3,000,000 bayonets Republican Cabinet minister of a pani~ with his own party in glittered from the Mississippi to the sea to translate that doc full control, and a deliberate admission that. his own party will trine into the institutions of the country. It claims to baye do nothing to remedy the defect and prevent the panic. But liberated 4,000,000 of the human race ·from bondage. And yet this is not all. Henry Clews, the famous financier, a profound to-day the Republican party holds 9,000,000 of the sons of men obsener, and a confirmed Republican, says in his weekly finan in absolute subjection. [Applause.] cial reyiew of October 6, 1906 : IUse, Wendell Phillips~ from the dead and behold this It is absolutely certain that continued refusal to adopt sane currency measures will lead us to drift into one of the gt·eatest financial crises spectacle, you who renounced allegiance to your country because that the country has ever seen. Of course we shall have panics with it was not wilolly free and with an eloquence not of earth as or without currency reform, but disaster will be immeasurably aggra sailed tile established customs of a century-rise and scourge vated by clinging to a clumsy and !lntiquated currency system or corre spondingly runeliorated by adopting a system that is scientific, elastic, with epic wrath this Republican defama~ion of all for which you automatic, and suitable to American necessities. fought and . toiled. Rise, Garrison, you wilom history terms "tile liberator," who ·e fearless gospel incited war that chains Furtiler on be says : No civilized country in the world maintains a system so ill suited to migilt fall and break, and obser-ve the degradation of the party its wants as the United States. That we at·e so far astern in this re which was first eleYated to power on the tide your energies Ilad spect is a sore reflection upon our national intelligence. set in motion. Rise, Lincoln, you who would not govern a Wilat an indictment of the Republican party! It is permit people in the world against that people's will and with sorrow ting the United States to h·ail behind the world with a clumsy beyond all words bear witne s to the repudiation of your life's and antiquated currency system, and it is taking no step to upremest teaching, the sentiment of your inspired deliverance remedy a situation which both Shaw and Clews tell us will at Gettysburg, by the recreant sons of heroic sires. When the result in a panic. Thus the country, under Republican manage Roman republic first established colonies, which it governed ment, is staggering headlong into disaster and convulsion. without regard to the will of tile subjected peopies, the decline Under Republican management the Federal e:A'J)enditures baye of its libertie began, altilougb it preseryed long afterwards all increased at an appalling rate. Exclusive of the Panama Canal the outward forms and signs of freedom. After pointing out appropriation the increase of goyernmental ·expenditure in 1904 this fact in Roman annals Froude, the great historian, says: over 1903 was tilirty-five millions; in 1905 over 1904, forty If there be one lesson which history clearly teaches it is this that millions ; in 1906 over 1905, more than seventeen millions-an free. n~tion s can _not g?vern subjec~ provinces. If they are unable or increase of over ninety-two millions in three years. The total unw1lhng to adlmt their dependencies to share their own constitution national expenditure for 1903, 1904, 1905, and 1906, excluding the constitution itself will fall in pieces from mere incompetence fo~ its duties. the Panama Canal, was over $2,866,000,000; the total expendi tures for 1898, 1899, 1900, and 1901, the four full years · of But they tell us that we are a world power and that we must McKinley, over $2,430,000,000. Thus, exclusiYe of all expenses baye dependencies in order to maintain our dignity and extend in Panama, the expenditures of the four years of Roosevelt ex our influence. We say that tile world influence of this country ceeded tho15e of the four years of 1\fcKinley, although he con will be far more salutary and more lasting through the consist- ducted the Spanish-American war, by oYer four hundred ~nd 1244. OONGRESSIONAL RECORD-HOUSE .. JANUARY.16, _ thirty millions. Our coloi:ual, military, and nayal expenditure of state, helpless among the trophies of the past, powerless alike . has assumed European proportions. before the problems of the present and the retribution of the It is a curious and significant fact, a tribute to the vitality future, while its coward lips wail out "Stand pat, stand pat!" of Democratic principles that the President and tb ~ Republican [Laughter and applause.] "Stand pat," although the pillage party after receiving in November, 1004, the largest national of the people never ceases; ".stand pat," although the wealth of majority in American history, had to turn to the rejected Demo- the Republic is by a ruthle s tariff law tran felTed from t he ratic platform for the ptincipal and mo t popular legislation millions whp support to the masters who exploit it; " tand of. the Congress following that election. [Loud applause.] I refer pat," although the Republican party refuses to lighten th tariff . to the railroad rate law. Tbi law is a distinct step · toward taxes, which it first .imposed as a temporary burden in the years stricter regulation, and it contains many improvements on the of war to double and redouble us a permanent tyranny in the old act, but it would have been made. vastly more effective bad years of peace; "stand pat," although the tarlff law it elf pro not the Pre ident surrendered. to the. Aldricll-Allison element in vides for a reduction of its charges; "stand pat," although the the Senate. So far as actual relief from unjust rates and dis enormous rates incite the antagonism of the world and imperil criminations is concerned, little bas been accomplished. The our foreign trade; "stand pat," although McKinley }!leaded only practical effect of the new law is to-enable the controversy from the doorstep of the grave for lower tariffs; "stand pat," between the shipper and the carrier to be tran ferred more although patriotic Republicans of 1\lassachucetts, Iowa, aml all quickly to the courts, where the case still may be tied up in the country unite in the general prayer for less oppres i1e sched definitely. The new law makes more effective changes along ule ; " tand -pat," although our loftiest principle, the very soul other lines, changes which the railroad intere ts were glad to of the Republic, the principle in the name of which our country accept after winning the main i sue of a court review. The was consecrated in the qlood and tears of patriots, the principle movement for tricter regulation of railways did not originate of government by the go1erned's will, has, been abandoned in with the Republican party. It began, so far as national parties Republican policies &broad; " stand pat," although the currency 'vere concerned, when the Democratic national platform of J896 situation i black with impendent danger; "stand pat," al demanded the enlargement of the powers of the Interstate Com- though the expenditures of the- public moneys has become a merce Commission. . riotous dissipation, a wanton waste. . The demand was embodied in every succeeding Democratic Let me say here that a small but entirely incere element of platform and urged by Bryan and other Democrats. It was the p.eople, in utter ·despair over Republican condition . have never mentioned in a Republican natiolllll platform. . Roose1elt fallen into socialism, into the violence and iconoclasm of ultra astounded his party associates when in his me sage of 190-! be radicali m. In seeking a remedy for existing evils the S(){'inlist took up this Democratic demand. A bill indorsed· by the Presi would give us still more serious ones. He would overturn the dent and known as the " Hepburn bill " passed the House almost basic institutions of our civilization; he would uproot tl.Jc foun unanimously without any proviQion regarding a court review. dations of indiYidualism and freedom. Let me quote fro::n the Wll n the bill reached the Senate the President announced thtlt Socialist platform of 1904: ... Socialism means that all things no court-review amendment would be tolerated. · Seeing that be . upon which U+e people in common depend shall by the ]le ple could not obtain enouo-h Republican votes to pas the bill in common be owned and administered. * * * The so-called through the Senate, he opened negoUation through ~-Senator trust is but a sign and form of the developing socialism of the · Chandler with the Democrats. TILL.MAN bad been placed in world's work." Thus the Socialist would substitute common charge of the bill by a shrewd. move of its Republican oppo o\vnership for private owner hip; he would de troy the insti nents. Prompted by the highest and mo t patriotic moti1es tution of private property. He hails the b'Ust as a natural step the Democratic Senators stood firmly by the President and it toward common ownership. He would make the government a soon became evident that the President was about to achieve a universal trust, an unlimited monopoly. He would make us a notable victory for the people. Suddenly, while the Democr-ats nation of employees; he would leave no prospect for individual and a sm::J.ll contino-ent of Republicans, composing a sufficient enterprise and ownership. He forgets the le ons of history number to have passed the original Hepburn bill, were standing and the make-up of the human nature, for history and experi loyally in the breach, the President announced th;1t be woulu ence teach us that when the government owns everything it is accept the Aldrich-Allison amendment, and the battle for the not long before somebody owns the government. The safety of . people's rights was lost. Later, when LA. FoLLETTE, of Wiscon mankind and the permanence of freedom require the separation sin, introduced an amendment .providing for a valuation of rali of goYernment as far as possible from all purely private .enter way properties in order that the Commission might have an prise. The happiest and purest government is the imper onaJ accurate basis for the determination of a fair and proper rate, go-.ernment of law, of law before which all citizens stand as his Republican colleagues voted it down, the Democrats independent equals, not as servants and employee . [Applause.] -ruiiantly npporting him. It is evident that if effective rate The Sociali t would abolish the private ownership of land. legislation is to be had the Republican party must be banished Without the private owner hip of land, what would be froru control. .The work has only begun. come of the individual owne1·ship of home, the Yery comer tone Roosevelt himself can not stay the tide be has unwittingly of civilization? Without the individual owner hip of home, helped to set in motion. His attempt to secm·e popularity with how long would the institution of marriage retain its sacred measures which Bryan and the Democracy originated i_s like ness? It may be a significant fact that many Socialist leaders the endeavor of a pigmy to steal the. thunderbolts of Jo1e. entertain lax views regatding marriage. The glory of English The other measures which became laws at the recent session, liberty, our brightest heritage, has proceeded from the sanctity the pure-food bill, the meat-inspection bill, the quarantine bill, which has ever surrounded the humblest English home. Said the canal-type bill, etc., were either nonpartisan or perfunctory. Chatham, in the British Parliament: "The poorest man may The Republican party was literally forced~ after years of inex in hi cottage bid defiance to all the force.:; of the Crown:. It cusable delay, by a threatening public opinion and the Demo may be fi·a.il; its roof may shake;· the wind may bl.ow through cratic filibuster to admit Oklahoma and Indian Territory to it; the storms may enter; the rain may enter, but the King of statehood. The principal measures which the Pre ident spe England can not enter! AlJ ills force dare not cross the cifically recommended and to which the Administration was offi threshold of the ruined tenement." [Applause.] What sacred cially committed, the Philippine tariff bill, the ship-sub idy bill, ness would attach to a o-culled home in which a man knew that and the Santo Domingo treaty, all failed. What a spectacle . every other man in the country, of whatever race, hrid an equal A President and a party fresh from the greatest majority in our interest? Socialism would wreck our civilization and remit us history unable to pass any other than Democratic or nonpartisan to R:l.vagery. measures! [Applau e.] The Democratic party would apply to society and its varying The Republican Senate has persistently blocked the move emergencies the principles of equality and brotherhood, the ment for the election of United States Senators by the direct principles which its founder embodied in the Declaration of In vote of the people of each State. The last two Democratic dependence and which constitute the underlying spiri_t of Amer national platforms demanded this reform, and the American ican institutions. T~ey tell us that the Democracy changes its veople are ·almost a unit in its favor. The Republican national issues at each election. We answer that the basic principle of · platforms have maintained an obstinate silence regarding this the Democracy, the principle of equal rights, never· changes, measure while the Republican Senate stands like adamant in although its application to new conditions naturally develops the way of its adoption. new measures, and that thus the Democracy keeps step with Accustomed to limitless and perpetual power, the Republican time. We applied the principle of equal rights in 189G when party hn.s drifted into a complete paralysis, a hopeless inertia. we said that justice to all the people required an increasing Stand pat is merely another expression for dry rot. [Laughter volume of standard ·money to meet the increasing need of busi and applause.] Swollen with the spoils of office, corpulent with ness, and we have been sustained by event . The ·volume of the w1ne of powe1·, distended with the dropsy of <;orruption, the standard money bas experienced since 1896 the greatest in Republican party drags its huge, infected body across the halls crease in its ;history. We applied the principle of equal rights - - 1907. CONGRESSIONAL RECORD-· HOUSE. 1245

in 1900 when we defended the· doctrine of government by the LEAVE OF ABSENCE. governed's will, and to-day the American people are realizing By unanimous consent, 1\Ir. KNAPP was granted leave of ab the sorindness of that position. We applied the ~octrine of._egual sence for eight days, on account of illness in his family. rigllts in 1904 '\vhen we denounced the corrupt partnership of the dominant party with the great corpo,rations of the country. MEMORIAL ADDRESSES ON THE LATE HON. H. C. ADAMS. Our candidate for President openly charged ihat .the Repub Mr. . NELSON. ·:Mr. Speaker, I ask unanimous consent for the lican campaign manager had rec~ived immense corporate ·dona present consideration of the order which I send to the Clerk's tions. With violent effrontery the President denounced the desk. cliarge as false, and the country believed him. It has since de The SPEAKER. 1.'he gentleman from Wisconsin asks unani veloped that almost at the very holir of the President's loud de lnous con ent for the present ·Consideration of the order which nunciation the Republican campaign manage·r was receiving . the Clerk will report : the funds of widows and orphans from the great insurance cor 'l'he Clerk read as follows : porations with which to debauch a free electorate. [Loud ap Ordered, That there be a session of the House on Sunday, February plause.] 24, 1901, at 12 o'clock m., which shall be set· apart for memorial ad- · dresses on the life, character, and public services of Hou. H. C. ADAMS; Thus the Democracy applies an etet;nal principle to unfolding late ~ Represei;ttative from the Second Congt•esslonal district of Wis e\ents. Thus it adopts new ineasui·es when new measures are consin. necessary to the application of this principle. Thus it occupies The SPEAKER. Wi~hout objection, the order will be consid~ a rational middle ground betw·een the ultraconservatism, which ered aE: agreed to. would preserve existing conditions at any cost, and the ultra There was no objection. radicalism, which would overturn the foundations of society. BRIDGE ACROSS ASHLEY RIVER, SOUTH CAROLINA. We say to the Republic~ stand-patter : · "You can not arrest the tide of progress ; the tariff must be revised, the doctrine of 1\Ir. I.rEGARID. 1\fr. Speaker, I ask unanimous consent for the government by the governed's will must be restored, economy present consideration of the bill (H. R. 22135) authorizing the must be practiced in the Government expenditure." We say to construction of a bridge across the Ashley River in the counties the Socialist: "You can not uproQt ·the fundamental institu of Charleston and Colleton, S. C., which I send to the Clerk's tions of home and land and pi·operty without precipitating both desk. anarchy and s·avagery." . Paraphrasing the idea of another, the The SPEAKER. · Without objection, the Clerk will read the situation. may' be thus described: Plutocracy and Repub1icanism bill as amended. say: "Stand ·pat; let evils rage;" Socialism shouts; "Pull '£here was no objection. down the temple, though it crush us in its fall ; " the Democ The Clerk read as follows : racy, applying the deathless principle of equal rights, cries to Be it enacted, etc., That the assent of the United States of Amerlca is hereby given to the Charleston and St. Andrews Hallway Com all the struggling ,race of man; ·~Forward, march; keep a just pany, a corporation incorporated by the laws of the State of Sonth and eYen step with time." [Applause.] · Carolina, its successors and assigns, and such other persons as may .be In the defense and promulgation of the Democracy we need an associated with it, to construct and mainta.in a bridge over the Ashley River, in the county of Charleston, in the State aforesaid, at a point especial enthusiasm, an enthusiasm like that which an old ne suitable to navigation interests, in accordance with the provisions of. gro deacon prayed might be given to Sam Jones from on hlgh. an act of Congress entitled "An act to regulate the construction of Sam Jones had been invited to address a colored church in bridges over navigable waters," approved March 23, 1906. SEc. 2. 'l'hat the right to alter, amend, or repeal this act is hereby -Georgia, and they called on· this old deacon to open the sen-ice expressly reserved. · with 11raycr. He responded with-a plea of fervid eloquence and The SPEAKER. Is there objection? power, accompanied b.Y' the voCiferous hallelujahs and- the melo Mr. WILLIAl\18. l\ir. Speaker, is the bill in conformity with dious amens of a typical Ethiopian congregation. "0, Lord," the regulations of the \far Department? he said, "gib Brudder Jones de eye ob de eagle dat he may.· sea Mr. LEGARE. Yes, sir. sin from afur. Glue his ear to de gospel telephone and connect · There was no objectiDn. him wid de central skies. 'Luminate his brow wid a brightness The bill as amended was ordered to -be engrossed and ·read a dat'll make de fires ob hell loolr' lak a ta1low candle. Nail his third .time ; was read the third time, and passed. · hands to de gospel plow. Bow his head in some lonesome valley where praye;I.' is much wanted to be made. 'Noint him all O\er DAMS AND POWER STATIONS ON BEAR RIVER. wid de .ker'sene oil ob Thy &a lvation and sot · him on fire." Mr. CA}."'DLER. 1\Ir. Speaker, I ask unanimous consent for [Laughter and loud applause.] the present consideration of the biH (H. R. 21194) to authorize With an enthusiasm that can not die ·let us gather beneath J. F . Andrews, J. W. Jourdan, their heirs, representatives, asso the stainless standard of the stainless leader, who, in a recent ciates, and assigns, to construct dan1s and power stations on private journey around the glob·e, was honored by the nations Bear River, on the southeast quarter of section 31, township 5, as perhaps no other private citizen of any country was ever range 11, in Tishomingo County, .Miss. honored before, whose every heart beat is a throb of· brother The SPEAKER. Without objection, the bill will be read as hood, 'whose soul is illumined with the love of man, whose arm amended. is tireless in · the people's cause. The most powerful lesson of There was no objection. history is the triumph of truth, truth the force invisible yet 'l;he Clerk read as follows : omnipotent, its scepter swaying all the vassal years. In its silent Be it enacted, etc., That J. F. An<;It·ews, J. W. Jourdan, their heirs, courts the centuries assemble to cry earth's multitudes to judg representatives, associates, and assigns may hereafter erect, main tain, and use a dam or dams in or across the Bear River, in the State ment. The prostrate rise ; the exalted fall. The mask of sanc of Mississippi, at such points on the southeast quarter of section 31, tity drops from the b~ow of gain. , From sword and crown there township 5, range 11, in Tishomingo County, Miss., as they may eJect, leaps the accusing blood of peoples conquered and despoiled. for the purpose of e1·ecting, operating, and maintaining power stations, and to maintain inlet and outlet races or canals, and to make such Chains fashioned in the forges of the world's injustice break and other improvements on Bear River a.S may be necessary for the develop bands unshackled are to God uplifted. 1\fen and nations, stripped ment of water power and the transmission of the same, in accordance of arrogance and rank and all the ornaments of earth, await with the provisions of the act of Congress entitled "An act to regulate the construction of dams across navigable waters," approved June 21, the verdict of eterrj.ity. The deeds and motives of all days and 1906. . • ages are measured by the test, severe yet beau~iful, of fidelity to SEc. 2. That the right to alter, amend, or repe:il this act is ex truth. And no man, in all the years that have been and that pressly reserved. are to be, will stand before that solemn assize with more assur The SPEAKER. Is there objection? ance of its approval than the defender of humanity, the cru.: l\1r. WILLIAMS. Is this bill in accordance with ·the re sader. of equality, the friend and champion of the overburdened quirements of the War Department? millions, the exemplar of righteousness anq love in his concep Mr. CANDLER. Yes, sir. tion of government and ill the 'conduct of his life, William 1Mr. 'WILLIAMS. Unanimously reported by the committee? Jennings Bryan. [Loud and prolonged applause on the Demo I :Mr. CANDLER. Yes, sir; unanimously reported. cratic side.] Mr. DALZELL. Reserving the right to object, I would like 1\fr. GILLETT. Mr. Chairman, I move that the comm1 · ee to ask the gentleman what committee it conies from. do now rise. Mr. CANDLER. From the. Committee on Interstate and For The motion was agreed to. eign Commerce, from which committee all such bills come. Accordingly the committee rose ; and the Speaker having re- Mr. DALZELL. Is it a unanimous report? /sumed the chair, Mr. CAMPBELL, Chairman of the Committee of Mr. CANDLER. Unanimous report and has the 'approval of the _Whole ~ouse on the state of the Union,. reported that the the War Department. committee had had under consideration the bill (H. R. 24103) The ·sPEAKER. Is there objection? making · appropriations to provide 'for the expenses of the gov-: There was no objection. ernment of the District of Coh~unbia for the fiscal year ending The b'ill as amended was ordered to be engrossed and read a June g(l, 1908, and had come to no resolution thereon.- third time, was read the third time, and passed. 1246 CONGRESSIONAL RECORD-HOUSE. J ANUARY 16,

TilE LATE SE _ ATOR B4\.TE. a report (No. 6408) -; which said bill and report were referme_tbat the House tio now ntijourn. . PUBLI C BILLS, RESOLUTIONS, AND l\IEMORI ALS The motion was agreed to. I NTRODUCED. Accordingly (at 4 o'clock anti 50 minutes p. m.) the House .. adjourned. - Under clause 3 of Rule XXII, bills, resolutions, and memo rials of the· following titles we1~e introduced and severally re felTecl us follows : EXECUTIVE CO:\lMUNICATIONS. By Mr. ACHESON : A bill (H. R. 24361) to amenti-an act en Untier clause 2 of Rule XXIV, the. following executive com titled "An act to authorize the Mercantile Bridge Com11any to munications were taken from tbe Speaker's table and referred construct a bridge o>er the Monongahela River, Pennsylvania, as follows: · · from a point in the borough of North Charleroi-, . Washington A letter from tbe Secretary of the Interior, transmitting, with County, to a point in Rostraver Township, Westmoreland accompanying documents, a r ecommendation tbat ' the Interior County," approved l\larcb 14, 1904-to the Committee on -Inter- Department be autborized to enter into negotiations with the state and Foreign Commerce. · Choctaw Nation in relation to acquisition of unallotted land de By Mr. l\l c ~IORRAN : A bill (H. R. 24362)to reduce the rates of' sirable for a forest resen-e in Indian Territory-to the Commit postage in certain cases on. mail matter acldres ed to enlL ted tee on Indian Affairs, and ordered to be printed, with illustra men in the Army, Naxy, l\Iarine Corps, and Revenue- utter tions. Ser>ice-to the Committee on the Post-Office and Post-Roaus. A letter from tl:je Secretary of the Interior, transmitting, with By Mr. L.ACEY: A bill (H. R. 24363) to protect the public a copy of a letter from the Commissioner of. Indian Affairs, a lands on the lower Colorado River, and for other purpo es-to recommendation as to the leasing of a hot sulphur spring on the the Committee on the Public Lands. Shosbone Resenation in Wyoming-to the Committee on Indian By 1\lr. DE ARUOND: A bill (H. R. 24364) to authorize and Affairs, and ordered to be printed. direct the Po tmaster-General to procure postal cars and con A letter from the Acting Secretary of the Treasury, transmit tract for hauling them, and appropriating money tlwrefor- to. ting a copy of a letter from the Secretary of War submitting an the Committee on the Post-Office and Post-Roads. estimate of appropriation for Watertown Arsenal, Mass:-to the By Mr. 1\lcC.ALL : A bill (H. R. 24365) declaring se tiou 6 Committee on Appropriations, and ordered to· be printed. of Act 781, passed by the United States P hilippine Commi sion, A letter from the Acting Secretary of the Treasury, transmit to be null and void-to the Committee on In· ular Affairs. ting a copy of a letter from the Secretary of, '\Var submitting a By Mr. LACEY : A bill (H. R. 24366) authorizing the enlarge supplemental estimate of appropriation for armament of forti ment of military resen-ations by exchange of lands-to the Com-· fications-to the Committee on Appropriations, and ordered to mittee on the Public Lancls. be printed. Ry 1\lr. SCOTT: A bill (H. R. 24367) to authorize Inter-State A letter from the Secretary of State, submitting a statement Bridge and Terminal Railway Company of Kansas City, Kan.. , · of the amount of mail matter entered from his Departmei;lt at to construct a bridge across the Missouri Ri>el' at or near Kan the Washington post-office under the penalty privilege from sas· City, Kans.-to t he Committee on Interstate anti Foreign July 1 to December 31, 1906-to the Committee on the Post Commerce. . Office and Post-Roads, and ordered to be pr inted. . By l\lr. LA EY : A bill (H. R. 24368) reserving coal, oil, and A letter from the Acting Secretary of the .Treasury, transmit gas upon the public domain in lands not disposed of under the ting a list of judgments rendered against the United States by coal-land laws, anti for other purposes-to the Committee on circuit and district courts-to the Committee on Appropria the Public Land>:1. · ions, and ordered to !Je printeti. By 1\lr. DALZELL·: A bill (H. R. 24369) to construct a r oad A letter from the Attorney-General, transmitting a draft of a along the south bank of the Anacostia River-to the Committee proposed bill relating to the fmther distribution of the Reports on the District of Columbia. of the Supreme C-ourt of the United States-to the Committee on By 1\lr. CURRIER : A bill (H. R. 24370) to amend section the J udiciary, and ordered to be printed. 4886 of the Re,~ ised Statutes, relating to patents-to the . om A letter from the Secretary of the Interior, transmitting the mittee on Patents. report of the Commissioner of Etiucation for the year 1904-5- By 1\lr. 1\IORRELL: A bill (H. R. 24371) for the pre>ention to .the Committee on Education, and ordered to be printed. of railroad colli ions-to the Committee on Interstate and For eign Commerc.e. REPORTS OF C0:\11\IITTEES ON PUBLIC BILLS Ai"D By Mr. STEPHENS of Texas: A bill (H. R. 24372) permit RESOLUTIONS. ting citizens of the reek, Cherokee, Seminole, Choctaw, anu Under clause 2. of Rule XIII, bills and resolutions of the fol Chickasaw nations to alienate their allotments-to the Com lowing titles \\ere severally reported from committees, deliv mittee- on I ndian Affairs. ered to the Clerk, and referred to the se>eral Calendars therein By 1\lr. ESCH: A bill (H. R. 24373) to promote the safety of named, as follows : employees and trayelers upon railroads by limiting the hour. of Mr. BATES, from the· Joint Select Committee on Disposition service of employees thereon-to the Committee on Interstate of Useless Papers in· the Executive Departments, submitted a and Foreign Commerce. . report (No. 6405) ; which said report was referred to the ·House By Mr. FRENCH: A bill (H. R. 24374) to fix the IJounJnrieF; Calendar. ' of lands of certain landowners adjoining the Coeur d'.Al 1e In 1\lr. ·GROSVENOR, from the Committee on the Merchant Mu dian Resenation-to the Committee-on the Public Lands. rine and Fisheries, to whicll was referred the biH of the Senate By 1\lr. SMITH of Illinois: A bill (H. R. 24375) for acqui t· ( s. 6898) concerning licensed officers of >essels, reported the ing a site and the erection of a Federal builestigation of the water resources in the United certain contracts entered into between certain member of the. States, reported the same witbout amendment, accompanied by Cherokee_:Nation-to the Committee on I ndian Affai_rs. 1907~ CONGRESSIONAL RECORD-HOUSE; 1247

By Mr. WILEY of New Jersey: A resolution (H. Res. 767) Also, a bill (H. R. 24407) granting a pension to Hugh W. to inquire into the rates of telephone service in the District of Thockmorton-to the Committee on Invalid· Pensions. Columbia-to the Committee on the District of Columbia. Also, a bill (H. R. 24408) granting an increase of pension to By Ur. GARDNER of l\lassachusetts: A resolution (H. Res. Michael 0 Neill-to the Committee on Invalid Pensions. 768) providing for an increase of the sala.ry of the assistant dis By 1\fr. GROSVENOR: :A bill (H. R. 24409) granting an bursing officer of the House-to the Committee on Accounts.. increase of pension to George W. Myers-to the Committee on By Ir. ALEXANDER: A resolution (H. Res. 769) referring Invalid Pensions. to the Court of Claims the bill H. R. 24139-to the Committee By .Mr. HAY : A bill (H. R. 24:110) for the relief of the heirs on Claims. of J oshua White-to the Committee on War Claims. . By 1\lr. FREN"OH: A joint resolution (H. J. Res. 220) au By 1\I.r. JONES of Virginia : A bill (H. R. 24411) granting a thorizing temporary leaves of absence for homestead settlers pension to Annie Farrell- to the Committee on Invalid Pensions. to the Committee on the Public Lands. Also, a bill (H. R . 24412) granting a pension to Minnie Dris coll-to the Committee on Invalid Pensions. PRIVATE BILLS Al\TD RESOLUTIONS INTRODUCED. Also, a bill (H. R. 24413) granting an increase of pension to Under clause 1 .of Rule XXII, private bills and resolutions of William Thomas-to the Committee on Pensions. the following titles were inti·oduced and severally referred as By 1\lr. KEIFER: A bill (H. R. 24414) g1·anting a pension to follows: Van C. Wilson-to the Committee on Pensions. By 1\fr. ALEXANDER : ·A bill (H. R. 24379) for the relief of By Ur. LEE : A bill (H. R. 24415) granting an increase vf Pete1· G. Straub-to the Committee on Claims. pension to Laura G. Higbt-to the Committee 011 Pensions. Also, a bill (H. R. 24380) granting an increase of pension to By 1\lr. McCALL: A bill (H. R. 24416) granting a pension to Charles Woodruff Woolley-to the Committee on Pen ions. James F. Flynn-to the Committee on Invalid Pensions. By Mr. ANDREWS : A bill (H. R. 24381) granting a pension Also, a bill .(H. R. 24417) granting a J)ension to Carlos L . . to John H. Young-to the Committee on Pensions. Buzzell-to the Committee on Invalid Pensions. Also, a ·bill (H. R. 24382) granting an increase of pension to By .Mr. McLAIN : A bill (H. R. 24-118) iranting an increase Sylvia A. Sturges-to the Committee on Invalid Pensions. of f.Jension to Kate Flowers-to the Committee on Pensions. By Mr. BELL of Georgia: A bill (H. R. 24383) granting an By 1\lr. MANN: A bill (R. R. 24419) granting a pension to increm:e of pension to Shadrack II. J. Alley-to the Committee Belle 1\l. Ocker-to the Committee on Invalid Pensions. on Pensions. By fr. MAYNARD: A bill (H. R. 24420) for the t'elief of By Mr. BENNETr of K entucky: A bill (H. R. 24384) for the Lieut. Commander Kenneth 1\!cAlpine-to the Oommi:ttee on relief of D. E. ·w orkman-to the Committee on Military Affairs. Naval Affairs. Also, a bill (H. R. 24385) granting a pension to Bridget By 1\!r. MILLER : A bill (H. R. 24421) granting an increase of Grimes-to the Committee on Invalid Pensions. pension to Squire Smith-to the Committee 011 Invalid Pensions. Al~o, a bill (H. R. 24386) granting an increase of pension to Also, a bill (II. R. 24422) granting an increase of pension to John R. Evans-to the Committee on Invalid Pensions. Tllomas J. Jones-to the Committee on Invalid Pensions. Also, a bill (H. R. 24387) granting an increase of pension to Also, a bill (H. R. 24423) granting an increase of pension to Peter Brown-to the Committee on Invalid Pensions. William l\1. C. Hix- to the Committee on Invalid Pensions. Also, a bill (H. R. 24388) granting an increase of pen ·ion to Also, a bill (H. R. 24424) granting an increase of pension to ,William W. Hedrick-to the Committee on Invalid Pensions. Margaret Holland-to the Committee on Invalid Pensions. By 1\fr. BRADLEY: A bill (H. R. 24380) granting an inc::rea~e By Mr. 1\IUDD : A bill (H. R. 24425) granting an inCI-ease of of pension to Bridget "McAllister-to the Committee on Invalid pension to William .McMillan-to the Committee on Invalid Pensions. Pensions. By l\fr. BROOKS of Colorado: A bill (II. R. 24390)to correct Also, a bill (H. R. 24426) granting a pension to Thomas H . the military record of Charles H . Kellen-to the Committee on Addison-to the Committee 011 Invalid Pensions. Militarv Affairs. Also, a bill (H. R. 24427) for the relief of Henry A. Butler- By ~fr. BRUl\TDIDGE : A bill (H. R. 24391) granting an in to tile Committee on War Claims. · crease of pension to Hugh Brady-to the Committee on Invalid By Mr. MURPHY: A bill (H. R. 24428) granting an increase Pensions. of pension to Pleasant C. Joiner-to the Committee on Invalid Also, a bill (H. R. 24392) granting an increase of pension to Pensions. .Miles B. Boswell-to the Committee on Invalid Pensions . By Mr. P.ADGETT: A om (H. R. ·24429) for the relief of .Also, a bill {H. R. 24393) granting an increase of pension to S. H. Bailey, sr.-.:.to the .Committee on War Claims. George F . Allen-to the Committee on Invalid Pensions. By l\Ir. PEARRE: A bill (H. R. 24430) for the relief of By. Mr. CHAPMAN: A bill (H. R. 24394) granting an- in Richard T. Gott, administrator of Thomas N. Gott, deceased-to crem;e of pension to Mildred L. Stone-to the Committee on the Committee on Claims. Pensions. · By Mr. REID: A bill (H. R. 24431) granting a pension to Also, a bill (H. R. 243S'3) to remove the charge of desertion l\Iorgan Reasor-to the Committee on Invalid Pensions. from the !Dilitary record. of William H. Smith-to the Commit- By Mr. REYNOLDS·: A bill (H. R. 24432) granting an in tee on 1\Iilitary Affairs. . crease of pension to Emanuel Russell-to the Committee on In- By Mr. COUDREY: A bill (H. R. 24396) granting a pension valid Pensions. · to Freda_ Burow-to the Committee on Invalid Pensions. .Also, a bill (H. R. 24433) granting an increase of pension to A'lso, a bill (H. R . 24397) granting an incl'eas~ of pension to Nicholas Beaver-to the Committee on Invalid Pensions. David Prunkard-to the Committee on Invalid Pensions. Also, a bill (H. R. 24434) granting an increase of pension to By Mr. CUSHMAN : A bill (H. R. 2439S) granting an in Alphonsus J. Bigham-to the Committee on Invalid Pensions~ crease of pension to John Cole-to the Committee on Invalid Also, a bill (H. R. 24435) granting an increase of pension to ·Pensions. John McCune-to the Committee on Invalid Pensions. Bl 1\lr. DRISCOLL: A bill (H. R. 24399) granting an iii Also, a bill (H. R. 24436) granting an increase of pension to · crease of pension to Charles F . Carlisle-to the Committee on Alexander N. Hart-to the Committee on Invalid Pensions. Invalid Pensions. By Mr. RICHARDSON of Kentucky: A bill (H. R. 24437) By Mr. FORDNEY : A bill (H. R. 24400) for the relief of granting an increase of pension to John F. Harper-to the Com Sidney Carleton-to the Committee ori Invalid Pensions. mittee.. on Invalid Pensions. By Mr. GAINES of West Virginia: A bill (H. R. 24401) By Mr. RUSSELL: A bill (H. R. 24438) for the relief of 1\.Irs. granting a pension to Thomas Gawthrop-to the Committee on S. M. Sisson, widow of Brown Sisson, ·deceased-to the Com Invalid Pensions. mittee on War Claims. Also, a bill (H. R. 24402) granting a pension to 'l'aylor Hyre By Mr. SHACKLEFORD : A bill (H. R. 24439) granting a to the Committee on Invalid Pensions. pension to Frederick Eggers-to the Committee on Invalid Pen- By 1\~r. GARDNER of Massachusetts: A bill (H. R. 24403) sions. ·. granting a pension to Harriette l\L Maxwell-to the Committee Also, a bill (H. R. 24440) granting a pension to FredeTick on Pensions. Maier-to the Committee on Invalid Pensions. By Mr. GARDNER of Michigan: A biii (H. R. 24404) grant By 1\Ir. SCOTT: A biil (H. R. 24441) granting an increase of ing a pension to Lauraette La Fluer-to the Committee on Inva- pension to Isaac Paradise-to the Committee on Invalid I.ten lid Pensions. · sions. By Mr. GARDNER of New Jersey: A bill (H. R. 24405) Also, a bill (H. R. 24442) granting an increase of pension to granting an increase of pension to Mary Hunt Smith Bishop William Hall-to the Committee on Invalid Pensions. to the Committee on Invalid Pensions. By Mr. SCROGGY: A bill (H. R. 24443) granting an increase Also, a bill (H. R. 24406) granting-an increase of pension to of pension to Caleb J. Richardson__:to the Committee on Invalid. Edmund Jo~son-to the Committee on Invalid Pensions. Pensions. 1248 CONGR.ESSION.AL RECORD-HOUSE. JANUARY 16·,

By Mr. TALBOTT: A bill (H. R. 24444) granting· an increase · Also, paper· to accompany bill foi; relief -of 'John S. Ryan-=to of pension to Alex:anuer J . . Herbert-to the Committee on Pen..: the Committee on War Claims. · · sions. · Also, petition Of Association of Army Nurses of Civil ·wnr, for By l\Ir. TY~DALL: A bill (H. R. 24445) granting a pension Dalzell pension bill, favoring volunteer nurses in civil "·ar to Mary E. Gunn-to the Committee on Invalid Pensions. equally with nurses pensioned under act of 1892-to the Commit~ Also, a bill (H. R. 24446) granting a pension to Isham l\1. tee on Invalid Pensions. · Garrison-to the Committee on Invalid Pensions. - Also, 11etition of conductors, engineers, firemen, and brake Also, a bill (H. R. 24447) granting an increase of pension to men, Pittsburg Division of Pennsylvania Central, favoring modi William W. Evans-to the Committee on Invalid Pensions. fication of House bill 18G71-to the Committee on Interstate anu Also, a bill (H. R. 24448) grunting an increase of pension to Foreign Commerce. George B. 1\Iatthews-:to the Committee on Invalid Pensions. Also, petition of Union Ex-Prisoners of War Association, Also, a bill (H. R. 24449) granting an: increase of pension to Beaver County, Pa., favoring the Dalzell bill, II. R. 9, and S. Philemon Devereux-to the Committee on Invalid Pensions. 3193-to the Committee on Invalid Pensions. Also, a bill (H. R. 24450) granting an increase of pension to Also, petition of trainmen ~md conductors employed on Penn Hosea Bilyeu-to the Committee on Invalid Pensions. sylvania line west of Pittsburg, for_modification of the sixteen ·Also, a bill (H. R. 24451) granting an increase of I>ension to hour railway bill-to the Committee on Interstate and Foreign Reuben R. Garrett-to the Committee· on Invalid Pensions. Commerce. Also, a bill (H. R. 24452) granting an increase of pension to Also, petition of Denison (Tex.) city council, for improvement Joht'l. H. Estes-to the Committee on Invalid Pensions. of upper Red River-to the Committee on Rivers and Harbors. Also, a bill. (H. R. 24453) granting an increase of pension to Also, resolution of the constitutional convention of Okla John W. Brown-to the Committee on Invalid Pensions. homa, for appropril:\,tion to improve upper Red River-to the Also, a bill (H. R. 24454) granting an increase of pem:;ion to Committee on Rivers and Harbors. ·John W. Webb-to the Committee on Invalid Pensions. By Mr. BARTHOLD'I: Paper to accompany lJill for relief of Also, a bill (H. R. 24455) granting an increase of pension to Frank S. Krebs-to the Committee on War Claims. E. W. Pierce-to the Committee on Invalid Pensions. Also, petition of citizens of St. Louis, favoring restriction of Also, a bill (H. R. 24456) granting an increase of pension to immigration (S. 4403) - to the Committee on Immigration nnu Jolin A. Barnhou ·e-to the Committee on Invalid Pensions. Naturalization. Also, a bill (H. R. 24457) granting an increase of pension to Also, petition of St. Louis Amerika, St. Louis 1\fo., against Leonard L. Walker-to the Committee on Invalid Pensions. tai.·iff on linotype machines-to the Committee on · Ways anu Also, a bill (H. R. 24458) granting an increase of pension to M~~ . Alfred Spence-to the Committee on Invalid Pensions. By Mr. BEALL of Texas: Petition of the Farm and Ranch, Also, a bill (H. R. 24459) granting an increase of pension to again t tariff on linotype machines-to the Committee on 'Vays John ,V. Abbott-to the Committee on Invalid Pensions. and :i\Iea11s. ·Also, a bill (H. R. 24460) granting an increase of pension to By Mr. BE~NET of New York: Petition of Adolph Rotten J~seph F. 1\Ien

By Mr. GARDNER of Massachusetts: Paper to accompany By Mr. Sil\IS : Paper to accompany bill for relief of heirs of bill for relief of Charles F. Wonson-to the Committee on War Edward T. Trice-to the Committee on War Claims. blaims. By 1\!r. STERLING: Petition of citizens of Champaign and · By 1\Ir. GRAFF: Petition of Illinois State Teachers' Associa Yermilion counties, Ill., favoring the Littlefield-Dolliver bill tion, fa-roring simplified spelling-to the Committee on Printing. (H. n. 13655)-to tlle Committee on the Judiciary. . AI o, petition of Peoria County Pomona Grange, Patrons, of By Mr. TRIMBLE: Paper to accompany bill for relief of Husbandry, against ship-subsidy bill-to the Committee on the Thomas N. Arnold-to the Committee on War Claims. Merchant Marine and Fisheries. · By l\fr. TYNDALL : P aper to accompany bill for relief of Also, petition of Peoria County Pomona Grange, indorsing William 1\f. 1\Iabaffey-to the Committee on Invalid Pensions. 1~ eciprocity h·eaties-to the Committee on Ways and Means. By 1\Ir. WALDO: Petition of George A. Taber and C. D. Pol , Also, petition of Peoria County Pomona Grange, Patrons of lock, for continuance of stream measurements by Hydrographic Husbandry, against free seeds-to the Committee on Agriculture. Bureau-to the Committee on Appropriations. By Mr. HAY: Paper to accompany bill for relief of heirs of Joshua White-to the Committee on War Claims. . By 1\Ir. HIGGINS: Petition of G:eorge E. Tingley, of Mystic, SENATE. Conn., against amendment to copyright bill relative to photo graphic work in newspapers-:-to the Committee on Patents. THURSDAY, January 17, 190'7. By 1\Ir. HULL: Petition of citizens of Madison County, Iowa, The Chaplain, Rev. EDWARD E. HALE, offered the following against religious legislation in the District of Columbia-to the prayer: Committee on the District of Columbia. Take unto yolt".the 'tclwle armor of God, that ye may be able By Mr. ·KENNEDY of Nebraska: Paper to accompany bill for to withstand in the e&il day, and l!a lJ'ing done all, to sta·ncl . relief of heirs at law of David W. Dodson-to the Committee on Stand theTefore. Claims. Abhor that 'Which is evil; cleare to tlwt 'l..cit ·ich is goocl. Bf:J By Mr. KLEPPER: Petitions of more than 1,000 citizens of lcindly affectioned one to another; in ho1wu1· preferri-ng one Clay County, against granting further extension of time for anot11er; not slothful in b1.tsin css; f en :ent in spi1·it~· scr vi11g tlle building a bridge across the Missouri River at Kansas City, on Lor d. the old Winner piers; also, letters from Bon. R. E. Ward, J. D. B ehold, I come quickly, and my t·eu.:a,nl is with me, to nirf:J Wasson, and George Tuggle, citizens of Clay County, and tele ever·y man accot·di-ng as hi s 'LC01'lv shall be. Blessccl m·e they tltat grams from Dr. J. E. Gartside, A. Howard, et al., of Kingston, do His commandments, that they may ha-ue right to the tree of Mo.-to the Committee on Interstate and Foreign Commerce. life, and nwy enter in through tlle gates into the city. By 1\Ir. LEVER : Paper to accompany bill for relief of Samuel Father of loye, Father of life, we commemorate this day" the S. Gardner-to the Committee on Military Affairs. . ervice of him whom Thou wast pleased to call from service By Mr. LITTLEFIELD : Paper to accompany bill for relief of here to Wgher service there. Teach,us, Father, eyery man, every ,William A. Paul-to the Committee on War Claims. woman, every boy, every girl, bow to do the duty that comes next By 1\Ir. MANN: Paper to accompany bill for relief of Belle our hand in eyery living day. Show us what that duty is. Show M. Ocker-to the Committee on Invalid Pensions. us from hour to hour how we are to do it. Give us strength By 1\Ir. MOORE : Petition of Fruit Growers' Association of for our weakness that we may be fellow-workmen ·with our Bedford County, for certain amendments of the Payne bill God-not alone, not as if we could be alone, but as together, to (H. R. 19750) relative to. duty on apples imported to Germany bear each other's burdens, to live in the common life. each for to the Committee on Ways and Means. all and all for ~acb. This is our prayer; and that Tllou ·wilt By Mr. MUDD : Paper to accompany bill for relief of Henry unhe us, Father, as Thine own children in Christ J esus. 'A. Butler-to the Committee on War Claims. - Our Father who art in heayen, hallowed be Thy name. Tlly By Mr. NEEDHAM: Petition of the Hanford Journal, against kingdom come, Thy will be done, on earth as it is done in tariff on linotype machines-to the Committee on Ways and heaven. Gi\e us this clay our daily bread, and forgive us our Means. trespasses as we forgive those who trespass against us. Lead Bv Mr. NORRIS: Petition of National Business League, for us not into temptation, but deliver · us from -eyil. For Thine is impi·ovement in consular service-to tlle Committee ·on Foreign the kingdom, the power, and tlle glory. Forever and ever. Affairs. . Ame-n. By 1\Ir. OVERSTREET of Indiana: Petition of New Albany The Secretary proceeded to read the Journal of yesterday's (Ind.) Commercial Club, for improvement of the Ohio River- proceedings, when, on request of ~.Ir. KEA and by unanimous to the Committee on Rivers and Harbors. · · consent, the further reading was dispensed with. Also, petition of Indianapolis Board of Trade, for a law to The VICE-PREJSIDE~"'T. The Jotl.rnal stands approved. regulate issuing bills of lading on merchandise shipments in such form ·as to enable granting of credit by our national banks-to REPORT OF COMMISSIOJ\""ER OF EDUCATION. the Committee on Interstate and Foreign Commerce. The VICE-PRESIDENT laid before the Senate a communica- By Mr. PADGETT: Paper to accoD;J.pany bill for relief of tion from the Secretary of the Interior, transmitting a letter S. H . Bailey-to the Committee on War Claims. from the Commissioner of Education submitting the manu- . By Mr. PARSONS: Pa·per to accompany bill for relief of script of his report for the year 1!)04-5; which, with the accom Brig. Gen. Edward 1\f. Lee-to the Committee on Invalid Pen- panying papers, was referred to the Committee on Education sions. and Labor, and ordered to be printed. · By Mr. REYBURN: Petition of Fruit Gl'owers' Association FINDINGS BY THE COURT OF CLABJ:S. of Bedford Co~ty, _Pa., for certain amen<;Imen~ of the P~yne bill l The VICE-PRESIDENT .laid before the Senate a communica (H. R. 19750~ relative to duty on apples Imported to Germany- tion from the assistant clerk of the Court of Claims, trans to the Coll1illlttee on Ways and Means. . . 1 mitting a certified copy of the findings of fact filed by the court By 1\Ir. REYN?LDS: Paper t~ accompany ~Ill for. relief of . in the cause of Elijah. Stannard v. 'l'he United States ; which, Alexander N. Hart-to the C~mmittee ?n Inval~d. Penswns. I with the accompanying paper, was referred to the Committee . AJso, papers to accompany bill for ~ellef of Pb1llp Lape, FraJ?lr- 0 n Claims and ordered to be printed. lin Lear, Samuel Shoup, John T . Cnswell, lP. M. Amos, Burdme ' Beake, Alphonsus J. Bigham, John 1\~cCune, 'Villiam Grant 1\Iel :MESSAGE FRO~! THE HOUSE. liott, Daniel Lamberton, Samuel Wilhelm, Joseph H. Stone A message from the House of Representatives, by Mr. ·w. J. braker, Emanuel Russell, and Nicholas Beaver-to the Commit BROWNING, its Chief Clerk, announced that the House had tee on Invalid Pensions. agreed to the amendments of the Senate to the following bills : Also, petition of Orient Council, No. 72; Saxton Council, No. H. R.16169. An act granting a pension to Neal O'Donnell 591; Dale Council, No. 642; Daniel Webster Council, No. 700; Parks; East Freedom ·council, No. 405, and Good Will Council, No. 42, H. R. 1903"5. An act granting a pension to Elizabeth 1\foore Junior Order United American Mechanics, and State Camp of Morgan; New York, Patriotic Order Sons of America, favoring restriction H . R. 19462. An act granting an increase of pension to Emily of immigration (S. 4403)-to the Committee on Immigration Fox; and and Naturalization. · H. R.19528. An act granting an increase of pension to Eliza- Also, petition of the Daily Democrat and the Tribune, Johns beth Maddox. town, Pa., against tariff on linotype machines-to the Commit The message also announced that the House insists upon its tee on Ways and l\feans. amendment to the bill ( S. 822) granting a pension to Michael · Also, petition of Johnstown Turn Verein, against Dillingham- V. Hennessy, .disagreed to by the Senate, agrees to the con Gardner bill-to the Committee on Immigration and Natural ference on the disagreeing votes of the two Houses thereon iZation. asked for by the Senate, and bad appointed 1\Ir. LoUDENSLAGER, XLI--79