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1206 CONGRESSIONAL RECORD-SENATE. JANUARY 8;

717. Also, petition of the Denver (Colo.) Civic and Commer­ parts of the United States. In view of the fact that Gen. Jack­ cial Association; indorsing the -Reavis bill providing for son died June 8, 1845, thirty years afterwards, and as we the unification of the engineering activities of the Government are now engaged in an effort to more or less connect ourselves in a department of public works; to the Committee on Expendi- with the B1itish Empire by diplomacy and by financial under~ tures in the Interior Department. . writing of great burdens, I liave deemed it proper to present on 718. By Mr. WATSON: Petition of Friends of Irish Freedom, behalf of a constituent certain extracts from the messages and John Mitchell Branch, favoring the sending of a minister and public papers of Gen. Jackson when he was President of the consuls to Ireland; to the Committee on Foreign Affairs. United States, from 1829 to 1837. I ask that they be printed in 719. Also, petition of Musicians' Protective Association, Local the RECORD at length, without reading, for the enlightenment of No. 211, American Federation of Musicians, of Pottstown, Pa., the gentlemen who will animadvert upon that subject this against the strike clause of the Cummins bill; to the Committ~c evening. on Interstate and Foreign Commerce. The VICE PRESIDENT. "Without objection, it will be so 720. By l\1r. YATES: Petition of Hibbard, Spencer, Bartlett&· ordered. Co., Chicago, Ill., urging the passage of Congressman MADDEN's The matter referred to is as follows: bill for the reduction of letter postage; to the Committee on the Post Office and Post Roads. THE FOREIG:i POLICY OB' ANDREW JACKSOY. 721. Also, petition of E. V. Price & Co., Chicago, Ill., urging December 6, 1830: "The important modifications of their gov­ the passage of House bill 8581; to the Committee on the Post ernment, effected with so much courage and wisdom by the Office and Post Roads. people of France, afford a, happy presage of their future course, 722. Also, petition of Canton Gas & Elec~ric Co., Canton, Ill., and have naturally elicited from the kindred feelings of this and Sterne & Klein Co., Chicago, Ill., favoring Congressman Nation that spontaneous and universal burst of applause iu MADDEN's bill for 1-cent letter postage in cities, towns, and which you have participated. In congratulating you, my fellow rural routes; to the Committee on the Post Office and Post Roads. citizens, upon an event so auspicious to the dearest interests of 723. Also, petition of the Amboy News, Amboy, IlL, urging mankind, I do no more than respond to the voice of my country, . congressional action relieving country newspapers from high without transcending in the slightest degree that salutary prices of print paper due to extraordinary shortage; to the Com­ maxim of the illustrious Washington, which enjoins an absti· mittee on Ways and Means. nence from all interference with the internal affairs of other 724. Also, petition of Board of Commerce, Flint, 1\Iich., by nations. . · E. B. Linabury, urging passage of a bill rescinding the income "The negotiations in regard to such points in our foreign rela· tax on mortgages owned by any individual up to $40,000; to the tions as remain to be adjusted have been actively prosecuted Committee on Ways and Means. during the recess. Material advances have been made, which 725. Also, petition of W. P. McKinney, Chicago, Ill., advocat­ are of a character to promise favorable results. Our country, ing a certain method of assessing the income tax on corporations by the blessing of God, is not in a situation to invite aggression." by assessing the tax on gross sales instead of corporate profit; to and it will be our fault if she ever becomes so. Sincerely desir­ the Committee on Ways and Means. ous to cultivate the most liberal and friendly relations with au. ever ready to fulfill our engagements with scrupulous fidelity, limiting our demands upon others to mere justice, holding our­ SENATE. selves ever ready to do unto them as we would wish to be done by, and avoiding even the appearance of undue partiality to any THURSDAY, January 8,1920. nation, it appears to me impossible that a simple and sincere ap­ plication of our principles to our foreign relations can fail to The Chaplain, Rev. Forrest J. Prettyman, D. D., offered the place them ultimately upon the footing on which it is our wish following prayer : they should rest." (Second annual message to the Senate and Almighty God, the path of peace and of privilege and of bless­ House of Representatives, in The Statesmanship of Andrew ing has been marked out for us in Thy Holy 'Vord and Thou Jackson, pp. 83 and 90, by Francis Thorpe, Ph. D., dost send forth Thy into the hearts of men to guide them LL.D.) ' in the way of all truth. We present ourselves to Thee, we trust, December 6, 1831 : " The pacific and wise policy of our Gov­ with open hearts, that we may be inspired to think Thy thoughts ernment kept us in a state of neutrality during the wars tbat after Thee, to work out the plan of life Thou hast committed have at different periods since our political existence been car­ to us, that we may glorify Thy name and help ,...-ith our lives to ried on by other powers; but this policy, while it gave activity lift men to higher levels of life. We ask Thy blessing to this and extent to our commerce, exposed it in the same proportion end. For. Christ's sake. Amen. · to injuries from the belligerent nations. Hence have arisen · claims of indemnity for those injuries. England, France, Spain, On request of 1\lr. CuRTIS, and by unanimous consent, the read­ Holland, Sweden, Denmark, Naples, and lately Portugal hud all ing of the Journal of yesterday's proceedings was dispensed witb in a greater or less degree infringed our neutral rights. De­ and the Journal was approved. mands tor reparation were made upon alL They have had in BEPOBT OF GEN. PEBSHING. all, and continue to have in some cases, a leading influence on The VICE PRESIDENT. The Chair lays before the Senate a the nature of our relations with the powers on whom they were communication from ·the Secretary of War calling attention to made. the concurrent resolution providing for the printing of 100,000 "I have great satisfaction in making this statement of our copies of Gen. Pershing's official report, without charts or maps, affairs, because the course of our national policy enables me to and requesting that in the printing of the report the charts and do it without any indiscreet e~--posure of what in other govern­ maps be included. The communication will be printed and re­ ments is usually concealed from the people. Having none but ferred to the Committee on Printing for action. a straightforward, ·open course to pursue, guided by a single principle that will bear the strongest light, we have happily MESSAGE FBOM THE HousE. no political combinations to form, no alliances to entangle us, no A .message from the House of Representatives, by D. K. Hemp- complicated interests to consult, and in subjecting all we have stead its enrolling clerk, announced that the House agrees to done to the consideration of our citizens and to the inspection the a~endments of the Senate to the bill (H. R. 5818) for the of the world we give no advantage to other nations alHl Jay retirement of public-school teachers in the District of Columbia. ourselves open to no injury." (Third annual message, Ibhl., ENROLLED BILL .AND JOINT RESOLUTION SIGNED. pp. 135 and 146. ) . December 4, 1832: "Nor have we less reason to felicitate our­ The message also announced that the Speaker of the House selves on the position of our political than of om· commercial bad signed the following enrolled bill and joint resolution, and concerns. They remain in the state in which they were when I they were thereupon signed by the Vice President: last addressed you-a state of prosperity and peace, the effect S. 2902. An act to amend section 5182, Revised Statutes of the of a uise attention to the parting advice of the revered Father United States; and th" b" t H. J. Res. 263. Joint resolution extending the time for filing of his Country on •s su Jec ' condensed into a maxim for the final report of the Joint Commission on Reclassification of Sal- use of posterity by one of bis most distingui.·hcd succe~sors, to aries, created by section 9, Public No. 3l4, Sixty-fifth Congress, cultivate free commerce and honest friendship with all nations, d M ch 1 1919 to a date not later than March ? but t<;> mak~ entangling alliances with none. A str~ct adherPnce approve ar • ' 12' 19- 0 · to th1s policy has kept us aloof from the perplexmg que:-;ti •ns THE FOBEIGN POLICY oF ANDREW JACKSON. . that now agitate the European world and have more than oure Mr. SHERMA.i~. 1\Ir. President, to-day is the anniversary of deluged those countries 'vith blood. Shoulu those ~ccnes un­ the Battle of New Orleans and will be du1y celebrated in divers 1 fortunately recur, the parties to the contest may count on a 1920. CONGRESSIONAL RECORD-SENATE. 1207

faithful performance of the duties incumbent on us as a neutral in that note, and he officially informed them that it had been Nation, and our own citizens ~ay equally rely on the firm asser­ approved by the President, and that therefore every explanation tion of theh· neutral rights." (Fourth annual message, Ibid., which could reasonably be asked or honorably given bad been p. 178.) . already made; that the contemplated measure had been antici­ "In the view I have given of our connection with foreign pated by a voluntary and friendly declaration, and was therefore powers allusions have been made to their domestic disturbances not only useless but might be deemed offensive, and certainly or foreign wars, to their revolutions or dissensions. It may be would not be complied with if annexed as a condition." ( Sev­ proper to observe that this is done solely in cases where those enth annual message, in 1\fessages and Papers of the Presidents, events affect our political relations with them, or to show their p. 1378, Vol. IV.) · operation on our commerce. Further than this it is neither our December 5, 1836 : " It is already known to you by the cor­ policy nor our right to interfere. Our best wishes on all occa­ respondence between the two Governments communicated at your sions, our good offices when required, will be afforded to promote last session, that our conduct in relation to that struggle is the domestic tranquillity and foreign peace of all nations with regulated by the same principles that governed us in the dispute whom · we have any intercourse. Any intervention in their between Spain and 1\fexico herself, and I trust that it will be affairs further than this, even by the expression of an official found on the most severe scrutiny that our acts have strictly cor­ opinion, is contrary to our principles of international policy and re~ponded with our professions. That the inhabitants of the will always be avoided." (Fourth annual message, Ibid., p. United States should feel strong prepossessions for the one party 184.) is not surprising. But this circumstance should of itself teach us March 4, 1833: " The foreign policy adopted by our Government great caution, lest it lead us into the great error of suffering soon after the formation of our present Constitution, and public policy to be regulated by partiality or prejudice; and generally pursued by successive administrations, has been there are considerations connected with the possible result of crowned with almost complete success and has elevated our this contest between the two parties <;>f so much delicacy and character among the nations of the earth. To do justice to all importance to the United States that our character requires and to submit to wrong from none has been during my adminis­ that we should neither anticipate events nor attempt to control tration its governing maxim, and so happy have been its results them. The known desire of the Texans to become a part of our that we are not only at peace with all the world, but have few system, although its gratification depends upon the reconcile­ causes of controversy, and those of minor importance, remaining ment of various and confiicting interests, necessarily a work of unadjusted." (Second inaugural address, in Messages and time and uncertain in itself, is calculated to expose our conduct Papers of the Presidents, p. 1222, Vol. III.) to misconstruction in the eyes of the world. There are already December 3, 1833: " Our condition abroad is no less honorable those who, indifferent to principle themselves and prone to than it is prospe-rous at home. Seeking nothing that is not suspect the want of it in others, charge us with ambitious de­ right and determined to submit to nothing that is wrong, but signs and insidious policy. You will perceive by the accom­ desiring honest friendships and liberal intercourse with all na­ panying documents that the extraordinary mission from 1\Iexico tions, the United States have gained throughout the world the has be€n terminated on the sole ground that the obligations of confidence and respect which are due to a policy so just and so this Government to itself and to Mexico under treaty stipula­ congenial ttl the character of the American people and to the tions have compelled me to trust a discretionary authority to a spirit of their institutions." (Fifth annual message, in The high officer of our Army to advance into territory claimed as Statesmanship of Andrew Jackson, p. 282.) part of Texas if necessary to protect our own or the neighbor­ December 1, 1834: "Our institutions are essentially pacific. ing frontier from Indian depredation." (Eighth annual message, Peace and friendly intercourse with all nations are as much in Messages and Papers of the Presidents, pp. 1456 and 1457, the (}£sire of our Government as they are the interest of our Vol. IV.) people. But these objects are not to be permanently secured by March 3, 1837 : surrendering the rights of our citizens or permitting solemn "To the Senate of the United States: treaties for their indemnity, in cases of flagrant wrong, to be abrogated or set aside." (Sixth annual message, in Messages " In my message to Congr~ss of the 21st of December last I and Papers of the Presidents, p. 1324, Vol. III.) laid before that body without reserve my views concerning the December 7, 1835: "A convention with 1\Iexico for extending recognition of the independence of Texas, with a report of the the time for the appointment of commissioners to run the agent employed by the Executive to obtain information in re­ boundary line has been concluded and will be submitted to the spect to the condition of that country. Since that time the Senate. Recent events in that country have awakened·the live­ subject has been repeatedly discussed in both branches of the liest solicitude in the United States. Aware of the strong Legislature. These discussions have resulted in the insertion temptations existing and powerful inducements held out to the of a clause in the general appropriation law passed by both citizens of the United States to mingle in the dissensions of our Houses providing for the outfit and salary of a diplomatic immediate neighbors, instructions have been given to the district agent to be sent to the Republic of Texas whenever the Presi­ attorneys of the United States where indications warranted it dent of the United States may receive satisfactory evidence that to prosecute without respect to persons all who might attempt to Texas is an independent power and shall deem it expedient to violate the obligations of our neutrality, while at the same time appoint such minister, and in the adoption of a resolution by it has been thought necessary to apprise the Government of the Senate, the constitutional advisers of the Executive on the 1\Iexico that we should require the integrity of our territory to diplomatic intercourse of the United States with foreign powers be scrupulously respected by both parties." (Seventh annual expressing the opinion that 'the State of Texas having estab~ message, in Messages and Papers of the Presidents, p. 1370, lished and maintained an independent government capable of performing those duties, foreign and domestic, which appertain Yol. IV.) to independent governments, and it appearing that there is no "The people of the United States are justly attached to a longer any reasonable prospect of the successful prosecution of pacific system in their intercourse with foreign nations. It is proper, therefore, that they should know whether their Govern­ the war by Mexico against said State, it is expedient anll ment has adhered to it. In the present instance it has been proper and in conformity with the Jaws of nations and the carrieu to the utmost extent that was consistent with a becoming practice of this Government in like cases that the independent self-respect. The note of the 29th of January, to which I have political existence of said State be acknowledged by the Gov­ ernment of the United States.' Regarding these proceedings us before alluded, was not the only one which our minister took a virtual decision of the question submitted by me to Cono-ress upon himself the responsibility of presenting 0:1 the same sub­ ject and in the same spirit. Finding that it was intended to I think it is my duty to acquiesce therein, and theref~re i make the payment of a just debt dependent on the performance of nominate Alcee La Branche, of Louisiana, to be charge a condition which he know could never be complied with, be d'affaires to the Republic of Texas. thought it a duty to make another attempt to convince the "ANDREW JACKSON." French Government that whilst self-respect and regard to the (Messages and Papers of the Presidents, pp. 1500 and 1501,_ diginlty of other nations would always prevent us from using Vol. IV.) any language that ought to give offense, yet we could never PETITIONS AND MEMORIALS. rulmit a right in any foreign Government to ask explanations Mr. GRONNA. I present a concurrent resolution adopted by of or to interfere in any manner in the communications which the Legislature of the State of North Dakota, requesting the one branch of our public councils made w.ith another ; that in speedy ratification of the peace treaty with only such reserva­ the present case no such language had been ·used, and that thfs tions as are compatible with a binding and bona fide participa­ had in a former note been fully and voluntarily stated before tion by the United States of America in the covenant of the it was contemplated to make the explanation a condition; and league of nations. I ask that the resolution lie on the table and that there might be no misapprehension he stated the terms used be printed in the RECORD. LIX--77 11208 CONGRESSIONAL R.ECORD-SENATE . JANUARY 8,

The eoncurrent resolution was order~d tG lie on tbe table and recede :fr~m their po,rsitions and: to nmke &ueb concessions: as will ! to be printed in t.be. RE:coon.. as follows:. enable the immeAr.!ri\I:ENT Cli' STATE R. M. WASHIHTRN. ~"'TATE 01l' NORTH DAKOTA. I 'l'o all to t!rltom these presents shan came~ lliltcoumr A:u:on, Jr. · I William J. Prater, secretnry or the senate o_t the special se.ssi{)n G.clSFAX G. BAcoN. , of the Sl:rteentll Legls!ative As...-=-embly of the State of North Dakota, do GiroRGE" P. Dr..mrr. hereby declare and certify that the following concuuent r~Qlution was W ..u.n::& H. Fos.m. Iintroduced in the senu.te by Senator Tho.rwa.Jid Mootad ; was passetl oy · the senttte- December· io, 1919, and caneurred in by tire house of repre­ GEOJ«rk fo1· pm~ o.f the · world' was completed'. sistent with the so-ea.lled A.mericunizati(lll of tlle co.venant and We aslt' a speedy Jm.tillratio.n of the fTeace tre.aty with cnty _S?cll the safety of the people of the Unite l States. reservations :u; are eumpntible ·witfi a binding and bona fide par-tlClpa­ R ~L W-~Sl1nUI!~, tion by the lJnited States of Amer.iel. in the co. ·enant of the le!lgue. of nations. The honor of. our ::ums a.nd oru devotion to th-e p.riuei,ples. uf Vice Presiaen·t. defiwCFa-cy dema:nd that Congress take action to bring about peace to a war-weo.zy wotld at the very en.rfiest date pessible. · r.EPOI:TS OF co :~L\.ITTTEE O:'f PUBLIC L\...."i'DS. Be' it fu;Ft1J.e1' t-·esolveti. That tbe secNtaYy of state send a copy of 1Jr. SMOOT, from the Co-m.mllttee on Public Land ~ ~ to 'l"hic:lt these resoiuti~ns to President Woodrow Wilsa.n. a.Dd tn eaclb Sen a tru: and Member of Congress from North D:tkcrtlr. · were referred tl1e- fOtUo'iviilg bill$, reported them ea.ch wHll.out amendment antl sulnnitted repmts 1the~on ~ 1\fr~ Ia\OX presented petitions of l..ocal Lodge Ko. 134, of I..un­ A bHL ( S~ 'i30) to umeny the faculty and N. C., un~ I submit a. repo-rt (No. 349-) thereon. I ask un::tni­ students of the Perkiomen School, Pennsburg, Pa., expressing mous consent for the present c.ons:W.eration of the hill. sympathy with the Korean people in tlleir effort for a fl·ee gov· The:re being noo objeetioo, tlle SeiJate,_as in Ce-llll.liittee of the ernment, which -wns referred to the Committee on Fo-reign Whole, p-roceeueu to. consider the bill,_ whieh wus rena, a fol­ Relations. lo-ws : A.fr. McKELLAR (fo-.r 1\Ir·. SHIELDS) presented a petition o.f Be it e1la-cfecZ, etc., That the Ki:ngs(I:rle Lumber Corporation, its sundry citizens of 1\-la:dison\ille, Tenn.; praying for the ratifica­ lessees~ successors~ and assigns, he, and 1!hey are. he1·eby, au..thocized a.nd empowered to construct, maintain, and opera-te a I'>rid..,.a and approache tion of the treaty of peace -with Germany, which was ordered theret() across Lumber Rive.r at. a. po.int suitn.trle t& the interests of to lie on the table. navigathm,. n~ the town of Lnmbe·ton, Rob.e on Cbunty~ N. C., in Mr. LODGE. I present certain resolutions from the Roose­ accordance witfi. the pro.visio:ns of a.n. act entitled "An act to regulate the. construction of bridges o>e.r naviga!He waters,•~ approved March 23, v-elt Club of Massachusetts, and ask that they may be p-rinted 1 in the RECORD. ~·a. 2. That the right to alter, :unend', or rep-eal this act is hereby There being no objection, the matter referred to was ordered exp..ressly r~serv.ad. to be p.rip.ted in the RECORD, as. follows: The bill was reporte<:l to ill-a Senat with'O\rt amen47) to .January 6: 1920, lierewith respectfully and uuu.nimously U.l'ges aut:hol'iz.e J". L. Anderso.H and H. M. Duvall to construct a brid

and I submit n report (No. 350) thereon. I ask unanimous con­ thereon. I ask unanimous consent for the present consideration sent for the pre~:ent consideration of the bill. of the bill. There beln~ n.) objection, the Senate, as in Committee of the There being no objection, the Senate, as in Committee of the Whole, proceedf'nt of a project shall pro­ Mr. vide, among other thing~, that the developed farms and parcels shall !Je CALDER From the Committee on Commerce I report sold to persons who desire to occupy the same as homes, at the actual back favorably without amendment the bill (H. R. 10847) grant­ cost of the land and the development thereof plus a . definite reasonable ing the consent of Congress to Marion County, State of Mis­ profit to the owner or owners stated in advance therein. All contracts for the purchase of lots and farms shall be made payable to the owner sissippi, to construct a bridge across the Pearl River, in Marion or owners of the land or their assigns. County, State of Mississippi, and I submit a report {No. 353) thereon. I ask unanimous consent for the present consideration [Senate Report No. 355, Sixty-sixth Congress, second session.] of the bill. The Committee on Public Lands, to whom was referred the bill (S There being no objection, the Senate, as--Sn Committee of the 347:n to increase, without e~penditure of Federal funds, tlfe oppor: tum.ties of ~he people to acqmre rural homes, and for other purposes, Whole, procee

' J210 CONGRESSIONAL RECORD-SENATE. J .A.NU ARY 8,

eoming yeare, a-t least. to the atent o£ inCl'ea.-sing the culthrable: aTea. in move~ Not what tlle Go'\'l'el'nruent can. do for the people, . but approximately the same ratio to the increase in population ~ h t th I ,-. f ... -.::. 1 When the fertile prail"ies of the West were open to se~ment" tb.e W a e peop e ean u().l or UJ.elnse ves und-er the intelligent Nirtib.n had no dffil.culty in• Jteeping' its agriculture e-ven, in adiva-ooe of and: kin.d'l:y :tead'ersb.ip o::f the Government. its ral>idly grawing. JX)pulation. The' con.di'tions to-day are such ruf to "We.l:ulye 3!11 instrument at handl in thB Reclamation Servi€e require aggressive leadership on the part of tlie Government, although .which has dealt with every phase of the problem which n"''l'tT. puiv-ate' initiative and ea-pitai :ure the best de-pendence fo~ enterprise. vn . 1 Tlle demands UI>1 1::!1\.K,OOT ' assuring them of thorough and scientific investigation of lands- and .l.l r. o.1.w • From the Committee on Public Lands I report l~ir i.Jllpr.ovement by some process of redamati.oD, such. as irriga.tfun, back favorably· without amendment the bill (H. R 8084) granf- ~i~;:e~n<:J:~~~ni~ho~~~~ft~n ~te b~f. u&~:-!~~:: e~; ing to certain cl:rtmants the preterential right to purcllllse certain extent of wasted effort and human tragedy. resulting fr6m settlers buy- alleged public lands. in the State of Arkansas-. ing poor land, badly located, at unreasonable prtces, a.nd UI>on sn.ch terms Mr. ROBINSON.. I ask unanimous consent for the present · of payment. as seriousl.y: to jeopardi~e their ultimate· success h:as in cons:td'eration of the bill just re-ported by the S'enator from Utah. rectmt years been aJ)paning. A · 'l b'll Uruier the opera.tions of this bill it is believed- setUePs wlll be able to s1m1 ar l passed the Senate at the last session. 1effect savings equaling rut muclL as- one-half and more o:t the prieet Mr-. BORAH. 1 do not desire to oflject, out I w.tsh the. Sena- tliey ordin:u:ily pay for small rum! holdings. ~his . weuld be the case, tor would state the object o{ the bill. first, because lnndowne:rs woutd e-nter into contrac:ts· for the sale of their prGperty on a p.l'e.recl&ma.tion oasis; second because the heavy ~1r. ROBINSON. The bill p-reposes to give a prefeTentlal charges of sale. agencies- nnd Interest accruing mrttt1 tli'spooitlon of sub- rfgllt to certain persons to purchase certllin areas of allegM divided areas could be. praetically ellmina:ted. Settlru:s- would. p.:rebably public lands in the State of .A.:rkansas,. the lands being a: portion ; save enough on the first co-st of th·e land to pay fo:r- all their" improve- of what are known as the "sunk land" "reas. T1'tles to th"""'e ments a'lla live stoclt. 'J'h~e sa.vi.ngs wouid aggregate tens of thousands ...... ,., Iand possibly milli-om:~ oi dollars; a-nd fur.tlier, the· term~ of payment lands- were acquired by the prefel'entfal purchasers designated could be made such as to give pw:cha.sers a..t least a reasonable ch-anee of in the bill under State law, the Interior Department having in su~stha.t :nas oecm 5.afd app.fie-s witfi· ~qual :l'oree to pi!Oteetion ot the two formal O_t)i.nfons disavowed any claim of title to the lands. in-vestor in se-curities, wli.o has- often been the victim o:f avoidablil Subsequently, however·, the Interior Department asserted titre mi:r~l~i be possible also for the Government, under the terms of this to the lands, and a deereB or op-inion was rendered that the legal , measure, tO< lend substa.ntiai a.ssistanee in the orga:niza.tlon of com- tii:le to the lands was in the Go-vernment. In the meantime, : munities, and this condition should fa-vora:bly a.1Ieet l)otli their c-Gmmer~ however, and under the title acqn.ired from the State the prefer- cia,fh'!:~m0F:-fn¥:!ded to be eo'U.Dtry wide' in its a-pplics;tion, but as the ential purcha.se:r:s; had dramed the. la:ndst- cleared snd improved l'angnag-e> PPflvid-es- far a:dmmhrtration thl'eugh the· Reclamation Senice, them, an.d placed them in. a high! state of cultivationr This there Is danger of an interpretation that it would apply only to the . hill simply proposes tOJ give fllem the right to p.tuchnse at a ati'd Stai:es- of thEt West: It is therefor!! suggested that on pag~ 1, nominal snm the lands designated. As I have stated,. a simi.bU' line 5, the'~Y be' inserted. a.fler the: word " ownersb:ip," thtf words bill has p:reviou""l-rr passed the S.ena#-~ eluting. #-"'-~ }nst "'~s:to.'TII · " with.in. any Sta:te:- ar 'liemito:r:y.'' =;y ~.e ~ a ~" •-, :m lirre 2(1,. pagE!! 2, the e:z:pressiom " low and :ta:rurs ... is us~. whlle but reached the House toerel'JL whn lts.'S advaaced the price of' tlJen- re.elamatkm er im!H'ove- n J.J.O e,. procee eu:~O' c.ensi ~ the b ,. wb..~.dr was r.~ a.s fol- me:rrt,. 1 suggest that th~ said last senfenee' be> ame-nded' to read: I{}WS: ~-· "All con:traets for tile puttchase• of' farms- and pal'ceis- shall be mad'~ B6 u ewacted, etC'., Tnat G. W. House~ OlfveJ.• Doug)a: , J. w. Rho maNr porti.Ott oJ any legal subdfvi!ion was awarded som·ces as we have done for the vast tllree eenturies. And' we by gaid decree mny PW«hase> an o'l suc.ll wlnlivisioD fro·m th term8 o-f said decree tO< said pe:rsoB ership. This cRUS far a:. new UOint o:! view, and :for the appl1.ca:­ upod payment by said cestui qui trust of fiis proportionate part of the purchase price and entry fees for the same. tion of a somewhat different. princtpte thar.ll that wl1icll has Said. land!J. herem a:u..thorbled t«J be purclla.sed are all th::tt pa.Ft of governed our reclamation policy heretofore-. Mol'eove-r, recta:­ said s.eetfons 29, 301 3.1~ and! 32,. township 11 north. range- 10 east. fifth mation is no !'Ong.er- an affa.i.J: o.f E}De section of the Unfted States. ptiBcipa.l meridian, Mississippi C"omrty ~ Ark..~ not in:cludedl as land in the survey m:t

Amen the balance of the Golden Lake area do not contemplate receiving homesteaders on these lands. any benefits from any legislation, either general or special, as repre­ These lands, as it appears from the t·epoort of the Department of the sen~ed by the pe~ding bills herein referred to, but will, rather, depend Interior, were by the present clalmants taken possessi<>n of, drained, and entirely on OPP?Smg the Government's claims to the lands in question improved in good faith. The Government nad repeatedly disclaimw in suits that will be brought in the Federal court to quiet the title to any title to or interest in them. These lands, by reason of drainage and t~ G. It is but an act of simple justice. FnaxKLIN K. LAKE, Sec-retary. The report crf the Secretary of the Interior is her~with printed as a part of this report; DEPARTMENT OF THE lXTERIOR, DEPARTMENT OF THE INTERIOR, Washington) August fl, 1919. Washington) January 7, 1913. SCOTT FERRIS, non. N.J. &NNO'I'T, Hon. Ohainnan Committee on tJte P1£blie Lnnds, Chairman of tlw Com.mittee 01t the Public Lands, HouS:e of Representati·res. House of Representat·ives. MY D:mAn Mn. SINNOTT: I have 'the honor to acknowledge the receipt MY DEAn. Mn. FERRIS: I have the honor to acknowledge receipt of of your r~est of Au~st 2, 1919, for a report upon H. R. 8084, intro­ your request of December 17, 1918, for report upon H. R. 13400, intro­ duced by Hon. T. H. CARAWAYJ July 31, 1919. entitled "A bill granting duced. by Hon. J~HN ~- RAKEn, December 14. 1918, entitled "A bill to c~rtain claimants the preferential right to purch&Se certain alleged gran_ting to ~ertru.n clal.IDants a preference right to purchase certain pubhc lands_ in the State of Arkansas. and for other -purposes." public lands m the State of Arkansas " The particular lands referred to in the bill comprise an area of 'l'~e particular lands referred to in. the bill comprise an area of ap­ 1.,099.51 ac-res that '\las shown upon the official plat '0! town hip 11 pr?xunately 1,100 acres that was hown upon the official plat of town­ north, range 10 east, fifth principal meridian, .AI'kansas, appro-ved ship 11 north, range 10 east, fifth principal meridian Arkansas, av­ December 23, 1846, as a -portion of a meandered lake designated proved December 23, 1846, as a portion of a meandered lake desi!!Dated "Golden Lake." The Land Depa:rtment l'endered a decision on Aulmst "GQld.en Lake.:· If the ~id area bad been su:·v('~·ed, it would have 2, 1917, asse.rting title <>n behalf of the GQvernment to the lands within compnsed portions of sections 29, 30, 31, and 32 of that township. the .w-ealled. Goldens Lak~ area a.nd dil-.ec«Jd the survey thereof. The The so-called Golden Lake area is one of a number ot similar so• lands have smee ~n surveyed and the area which is described in H R called lake_ arens si~uated in. the ~ortheastern part of Arkansas which 8084 is DOW shown .a por~ions Of f!>ections 29, 30 31, and 32 upon a SUp~ have been mvolved m cases m which the Government has asserted title plemeutai plat of township north, range 10 east approved February 7 to tbe lands, on .tJ?.e ground that saic1. :treas were lands in place at the 1919. . ' dates <>f the on~nal surveys and were erroneously or fraudulently H. R. 8084 :appears ~ith a fe'Y ex~ptions to be similar to bills H. R. meandered as bodies of water, when they should have been surveyed as 13400 and S. 5492 which were mtroduced in the House of Representa­ portions of the public domain. The Land Department rendered a decl·· tives n.nd in the Senate during tbe third session of the .Sixty-fifth ~on­ sion August 2, 1917, in which it held that the title to the land within gr S by Hon. JOHN El. IlAKEI! and Ron. JOE T. ROBINSON. respectively. the area of so;called '"Golden Lake" is vest~ in the G<>vernment. The On January 7, :1919, and February 12, 1919, I submitted reports upon lands have smce been surveyed. The entire area embraces app~oxi­ those bills to the chairman of tile House Committee on Public Lands mately 5,000 acres situated in townships 10 and 11 north rang~ 9 and to the -chairman of the Sen te Committee on Public Lands I am and l 0 east. ' inclosing herewith <'opies of said reports. · The above-referred-to bill, if enacted, will affect that portion Qf the .At the. time that l reported npon El. R. 1340b I was advised by the so-calle~ lake area which is situated in township 11 north, range 10 east. Commiss10ner of the General Land Office that certain of the partie; tor Certam of the so-ealled lake areru; the titl.e to whieh has been asserted whose relief the bill was introduced had represented :to him thn t there bJ th.e ~nd Department decisions, have been involved in suits to quiet were then no bona :fide settlers upon the lands described in the bin title mstituted on behalf of the Government against the alleged riparian In oroo ~bat the interests of all -parties should be duly safeguarded: o~ner.s and others. who. were c1eiming adversely to it. Some of said ~~,:J.~rJ 1t was suggested that the folluwing worded proviso be in- su1ts have been decided m favor of the Government and others are stilt pending. One of the suits was taken to the United States Supreme Court . ''Provided, 1wweverJ That this act shall not be applicable to any and a deeision favorable to the United S~'ltes was rendered by that court lands embraced within valid bomestead entries heretofore made or upon November 5. 1?17. (Lee Wilson & Co. v. United States. 245 u. s.., 24.) whi-ch any valid settlem~nt had been made, and which at the .date ()f the ~~r~~dc:'il~~~~;~en Lake area has not been involved in any of the above- pas age of this act was being maintained and perfected parsuant to law; but the terms ;of this proviso shall not continue to be upplicable It seems that the purpose of II. R. 13400 is to grant to the persons to llBY entry or settlement claim, with reference to which the entr:rmau specifirnlly named in the bill a preferential right to purchase from th9 or settler shall hereafter fail to comply with the law under which said Go_vernment the unsurveyed lands in sections 29, 30, 31, and 32, town­ entry or settlement claim was lrulde; and further." ship 11 north, range 10 east, at $6 per acre. (See committee printed llePQz:t,s Nos. 1007 and 721 on II. R. 13400 l am advised that said parties .acquired the title to the adjoinin<>' sur­ :tnd S. 5492, SiXty-fifth Congress, third session, which remained liD­ veyed lands many yea.rs ago, in fact, before the Land Department took enacted when Congress adjourned on Mar. 4, 1919.) steps to assert title to any of th_e erroneously meandered a~:eas in n<>rth­ With refe r e n~e to this proposed legislation, I will state that I still ea:stern Arkansas; that, being m doubt as to whether the unsurveyed adhere to what I said in my ptevious reports; that is, that I am not lands belonged to them or to the Govet·nment, they upon two separate opposed to the enadment of th~ legislation, provided that the rights of occasions ende;Ivored to ascertain the attitude of the Land DepartmPnt bona fide settlers, if there be any, are properly safeguarded. After the with reference thereto, whereupon opinions were rendered by two former introduction of the above referred to bills during the Sixty-fifth Con­ Secretaries of the Interior to the effect that the Government had no gress, a number of petitions were received by the Land Department intel'('st in or title to any unsurveyed lands in Arkansas which had been from persuns who alleged that they had endeavored to settle upon the meandered as sunk lands or lakes ; they, relying upon those opinions. lands that were to be atl'ected by the proposed legislation, a.nd they the dparian claimants, in good faith, believing that they bad a valid strenuously protested against its passage. C

how the public lands should be disposed of. It, therefore, seems to ~e stituted in order that relief might be extended to claimants of such a subject for appropriate legislation. See the concluding paragraph m areas where they could show that they are entitled to receive it. Sub­ the opinion of the United States Sup1·eme Court in the case of Lee sequently during the same session other bills, S. 5492 and S. 5611, were Wilson & Co. v. United States. introduced proposing to grant siniilar relief to riparian claimants of I therefore approve of the purpose sought to be accomplished by this certain lands within an area locally known as " Golden Lake," also bill, but in order to safeguard the rights of persons that may have settled situated in Mississippi County, Ark. S. 5566 was approved March 4, upon the lands pursuant to the homestead laws with the intention of 1919 (Private 48). The other bills remained on the calendar when entering the same when the lands shall be made subject to entry, if Congress adjoumed. there be any such persons, I have to suggest that the following be in· It appears that when the original surveys were made in Arkansas serted as a new proviso after the word "decree," line 10, page 2, of the many years ago numerous areas were meandered as lakes and rivers. bill as now drafted. Within recent years a number of cases have been presented to the Land u P1·ovided, 11owevtr, That this act shall not be applicable to any lands Depa rtment, as a result of which decisions were rendered to the effect embraced within any valid homestead entry heretofore made, or upon that the surveys were in many instances erroneous or fraudulent. The which any >alid settlement had been made and which at the date of the title to areas that bad been shown on the official P.lats as water­ passage of t his act was being maintained and perfected pur~uant to law; covered areas which were involved in those cases is still vested in the but the terms of this proviso shall not continue to be applicable to any United Sta tes. Other cases of simrllar character are being constantly entry or settlement claim with reference to which the ent.ryma~ or set­ presented. A number of suits have been instituted on behalf of the tler shall hereafter fail to comply with the law under which said entry Government against alleged riparian owners, and others, claiming ad­ or settlement claim was made; and further." . . versely to it, with a view to quieting title to certain of the so-called If your committee is not satisfied as to the sufficiency of the price lake areas, and some of said suits have been decided in favor of the fixed in the bill it might be further amended by providing that. tbe Government, and others are still pending, Lee Wilson & Co. v. United persons named should be permitted to buy the l~nd at the appraised States (245 U. S., 24) is the leading case on the subject. value thereof, exclusive of any added value resultmg from dramage or I am advised that in certain instances persons acquired title years improvements. ago to some of the originally surveyed lands adjoining the erroneously Cordially, yours, FRANKLIN K. L ANF., Sec1·etary. meandered areas; in fact. before the Land Department took steps to as­ sert title to the unsur-veyed lands; tbat, •bein~ in doubt as to whether the unsurveyed lands belonged to them or to tne Government, they, upon DEPARTMENT OF THE IXTERIOR, two separate occasions, endeavored to ascertain the attitude of the Washi ngton, Febntary l.Z, 1919. Land Department with reference thereto, whereupon opinions were ren­ Bon. HEXRY 1... MYERS, dered by two former Secretaries of the Interior to the effect that the Chairman Committee on Public Lands, Government had no interest in or title to such meandered areas in the United States Senate. State of Arkansas; that, relying upon those opinions, they, in good MY DEAR SEJ..-ATOR: I have the bonor to acknowledge the receipt of a faith, believing that they had valid titles, took possession of certain request, dated February 1, 1919, for a report upo.n S. 5492, introduced of the unsurveyed lands shown on the plats as lakes and rivers, and January 31, 1919, by Hon. JOE T .. ROBINSON, which proposes t~ grant drained and cleared them at their own expense and have ,.since culti­ to certain claimants a preference nght to purchase certam public lands vated theiiil, together with the lands included within their l>lantation; in the State of Arkansas. · that before being drained the lands were of little value, but that they S. 5492 appears to be a companion bill to H. R. 13400, which was have in some instances now been reduced to a high state of cultiva­ introduced. during the present session of the Sixty-fifth Congress by Bon. tion and have become quite valua!:lle: that in a few cases buildings have JOHN E. RAKER, December 14, 19~8. On January 7, 1919, I .submitted a been constructed by riparian claimants upon unsurveyed lands, the title report upon that bill to the cbauman of the House .Committee on the to which bas been asserted by the Government. Public Lands, in which I set forth my attitude relative thereto. I am I am also advised that a few years ago certain prospective entrymen inclosing herewith a copy of my report of January 7, 1919. claimed that the so-called lake and stream areas constituted public lands At the time that the report was made upon the Ilouse bill I. was ad­ and attempted to take possession of them; that in some cases said vised by the Commissioner of the General Land Office that certain of tpe prospective entrymen were ejected by riparian claimants; that other parties for whose relief the bill was introduced bad represt>nted to hun cases are being presented where persons are attempting to settle upon that there were then no bona fide settlers upon the lands described in meandered stream areas, tbe title to which is in doubt, and with r~fer­ the bill. In order that the interests of all parties should be duly safe­ ence to which the Lar:cl Department lias not yet had an opportunity of guarded, it was suggeste1l in the report th!!-t the following worded. pro­ rendering decisions. Numerous protests against the enactment of any viso be inserted nfter the word " decree," lme 10 page 2, of the bill as le~islati o n that will grant preference rights to riparian claimants ar.; drafted: u Pruviqed howevc1·, 'That this act shail not be applicable to being received. any lands embraced' within any valid homestead entry heretofore made While some of the riparian claimants to so-called lal{e areas in or upon which any valid settlement had been made and which at the Arkansas doubtless supposed in good faith that they had title to those date of the passage of this act was ~eing m.aintained and per~ected pur-­ nreas, yet it subsequently developed that they had no title that could be suant b law· out the terms of this proviso -;hall not contmue to be recognized by thC' courts, and not being qualified to make entry under applicable to any entry or settlement claim with reference to which the the public land laws, they can not obtain relief through the Land entryma.n or settler shall hereafter fail to comply with the law under Department. There ar~ still other cases where the validity of their which said entry or settlement claim was made; and further." claims to unsurveyed lands within meandered lake and stream areas On January 29 1919, II. R. 13400 was committed to the Committee of situated within their holdings is uncertain. Under the circumstances the Whole House' and ordered to be printed in the form in which it was it appears to be only equitable that their claims be accorded attention to originally drafted. A printed report (No. 1007, 65th Cong., 3d sess.) the extent that they be granted preferential rights to purchase the lands was submitted on behalf of the llouse Public Lands Committee by Mr. at a reasonable price where they can show that, prior to the initiation TILLMAN in which the greater portion of my report of January 7, 19H~, was publlsbed verbatim. 'I'bat portion of my .report, however, which of valid claims by qualified homestead settlers, they have in good faith suggested the insertion of the above-quoted proviso was omitted. taken possession of the lands and have placed valuable improvements · On January 25 1919, T. E. Allyn, attorney at law, l\farked Tree, Ark., upon or reduced them to cultivation. The e~'isting public land laws addressed a letter to the !'resident with which he inclosed a petition are inadequate to afford relief in such instances. executed January 23, 1919, by a so-called settlers' association composed Inasmuch as Congress alone has the authority to say how the public of persons who alleged that they bad settled upon the lands within the lands shall be disposed of, this seems to be an appropriate subject for Golden Lake area ; a petition signed by the settlers individually ; and a legislation. (See concluding paragraph in the opinion of the United petition signed by persons who alleged that they bad endeavored to States Supreme Court in the case of Lee Wilson & Co. v. United States, "'ettle upon the particular lands that will be affected by B. R. 13400 245 U. S., 24. ) Furthermore, I am of the opinion that S. 2231 is suffi­ ( S 5492) if enacted. The petitioners strenuously protested against ciently broad in its scope to enable the Land Department to administer th~ enactment of the bill. The correspondence was referred to the its provisions in such manner that the interests of all parties, including Commissioner of the General Land Office and he bas directed tba t an homestead claimants, be properly safeguarded. I therefore approve of investigation be made with the view of ascertainin~ the facts relative the purpose sought to be accomplished by the bill, and have the honor to the claim asserted by the petitioners. I am inclosmg herewith copies to r ecommend that it be enacted. of the petitions protesting against the proposed legislation. Cordially, yours, While I approve of the purpose sought to be accomplished by S. 5492, FRANKLIN K. LANE, Secretat1J. yet in view of the protests that have been submitted with reference to BILLS INTRODUCED. this proposed legislation, I am convinced that the rights of persons that may have settled upon the lands pursuant to the homestead laws Bills were introduced, read the first time, and, by unanimous with the intention of entering the same when the lands shall be made consent, the second· time, and referred as follows: subject to entry, if there be any such persons, should be safeguarded and I am strongly of the opinion, therefore, that the proviso suggested By Mr. IDTCHCOCK : by me in my rf"port of January 7, 1919, to the chairman of the House A bill ( S. 3681) to amend section 848, chapter 16, Revised Committee on Public Lands, ought to be inserteu. Cordially, yours, Statutes of the United States, relating to witness fees; to the FRANKLIN K. LA!'\E, Secretary. Committee on the Judiciary. By 1\fr. W ADS"7 0RTH: DEPARTMENT OF THE INTERIOR, A bill (S. 3682) to regulate the filling of vacancies in the Washington, July 21, 1919. Corps of Cadets at the United States Military Academy not Hon. REED SMOOT, · Ohairman of Committee on Public Lands, otherwise provided for by existing law, and for other purposes; United States Senate. and MY DBAR SENATOR: I have the honor to acknowledge the receipt of A bill ( S. 3683) to amend section 2 of the act entitled "An a request, dated July 1, 1919, for a report upon S. 2231, introduced act for making further and more effectual provision for the June 23 (calendar day, June 24), 1919, by Hon. JOSEPH T. ROBIN so:-., entitled "A bill gt·anting to certain claimants the preference right to national defense, and for other purposes "; to the Committee on purchas~ unappt·opriated public lands in the State of Arkansas." 1\Iilitary Affairs. The proposed legislation contained in S. 2231 had its inception dur­ By Mr. LODGE: . inO' the third session of thE' Sixty-fifth Congress. During that session a bill (S. 5566) was introduceu by Senator ROBINSON authorizing the A bill (S. 3684) for the repair, alteration, etc., of the Federal Department of the Interior to sell an unsurveyed area, locally known Building at Boston, 1\fass. ; to the Committee on Public Build­ as "Round Lake," situated in Mississippi County, Ark., to certain ings and Grounds. riparian claim~mts thereof, who alleged that they had, under the belief that they were the owners of said area, in good faith drained and other­ By Mr. ELKINS: wise improved the lands. Inasmuch as that bill was in the nature of A bill (S. 3685) for the relief of Bessie Reese; to the Com­ special legislation, pertaining only to that particular area, it was men­ mittee on Claims. tioned in the report which was submitted at the request of the Senate Public Lands Committee tbat there were doubtless other area;;; simi­ By Mr. CAPPER : larly circumstanced in the State of Arkansas, and it was suggested, A bill (S. 3686) to prevent deceit and profiteering that result therefore, that a bill lll10re in the nature of general legislation 1;;\e sub- from the unrevealed presence of substitutes for virgin wool m 1920. CONGRESSIONAL EEC'ORD-SENATE. i2i3

woven fabrics purporting to contain wool, and in garments or · "A Committee on Pacific Islands and Porto Ri€0, to consist or 12 Senators," so as hereafter to read: "A. Committee on Pacific Islands, articles of apparel made therefrom, manufactured in any State Porto Rico, and th~ Virgin Islands, to eonsist of 12 Senators." or Territory of the United States or the District of Columbia',. The purpose of the amendment ia to include the receDtly acquiJ.etts, at a m~eting .January G, 1920., printed. herewith respectfully and unanimously urges upon the P:resldent and his representatives in the Senate to reced~ from their positions and to WATER St.""PPLY 01! THE DISTRICT OF COLUll.fBIA.. make such conces sions as will enable the inlmediate ratification -of the Mr. SWANSON. I submit an amendment to the bill (H. R. treaty. 1713) authorizing and directing the Secretary of War to avpoint 1\Iy reply, Mr. Pre ident, is as· follows: a comm1ssion to investigate and report upon the m~ailable UNITED STA-TES SEN.!.TE, sources of water supply for the District of Columbia, which is OoMliiTTEE oF FoREI~ RELA'l'lo~s. now on the calendar. I ask that the proposed amendment be January 8-, 1920. read and lie on the table, to be considered when the bill is l\Ir. R. 1\I. ·wASHBURN, taken up. · Vice President Roose1:eU Club, The VICE PRESIDENT. The Secretary will rea.d the pro­ 89 State Street, Boston, Mass. posed amendment. DE.An Srn : I acknowledge receipt of: your letter signed by the The Assistant Secretary read as follows: members of yeur executive- committee in which they unani­ Amendment intended to be proposed by :lifr. SwA:-

Did the Senator from Utah ask me a question? UNITED STATES SENATE, l\fr. SMOOT. I did ask the Senator who was the author of Washington, D. C., Jamtary 1, 19f!O. the letter, but I take it for granted that the writer of the letter Mr. L. K. SHERMAN, .is the person whose name has just been given by the Senator. President United States Ho1.lsing Cor1Joration, :Mr. HITCHCOCK. It is from the eight members of the ex- Wa.shington, D. C. ecutive committee of the Roose>elt Club of Massachusetts. DEAR Sm: Acknowledging receipt of a copy of your letter to THE HOUSING CORPORATION. Hon. BERT M. FERNALD, chairman Public Buildings and Grounds Committee, I beg to advise that the committee did not recom­ 1\fr. TRA.l\U1ELL. !\1r. President, on yesterday there was a mend that the board for girls at the Government hotels be news item in both the Post and the Star to the effect that the increased $5.50 per month. If you will read the report you will chairman of the Housing Corporation w·as protesting against find that it contains no recommendation ·of this character. I am the recommendation made by the Committee on Public Build­ very much opposed to any raise being made, as indicated. hy ings and Grounus that the rates of board should be increased at the Government dormitories. As a member of that committee copy of my letter to Mrs. Harlean James of January G, hereto I desire to state that the committee did . not make a recom­ attached. mendation that the rates of board should be increased from $45 Very respectfully, PARK TRAMMELL. to $50.50 per month, nor did the committee make a recom­ Mr. KING. Mr. President, I should like to ask the Senator mendation that any increase whatever should be made. I think from Florida. a qu.estion. An investigation was hal1 by the the chairman of the Housing Corporation is just a little too Senate· some months ago, and it was, as I recall, unanimously zealous and too eager in that matter, desiring to bring into recommended by the committee that the buildings on the Plaza question the action of the committee on this particular point. be not completed. Instead of complying with that recommenda­ The committee did report in its findings of fact that if 5 per tion the buildings were completed. Another investigatfoil has cent interest was charged on the investment at its salvag@ value been had, and I understand the last investigation resulted. in a it would require a raise of $5.50 per month, but the committee recommendation t~at the corporation should be wound up or most emphatically refused to make a recommendation that such that its functions should cease, and that the administration I'aiSe be made, and the report does not carry with it ~Y such of the work of the organization should devolye upon some other recommendation. instrumentality of the Government. I desire in this connection to offer for the llEcol.m the article Can the Senator tell me what is the reason why the recom· which appeared in the Star, and also a letter which 'I addressed mendations of the committee were not carried into effect, and . to 1\Irs. Harlean James, of the Government dormitories, on the what is the reason why this organization, which has been so ex­ 6th instant, and .a letter which I addressed to Mr. Sherman, travagant and wasteful, perpetuates itself and· spends >ery president of the United States Housing Corporation, on the 7th much of, its time "in assailing, directly or indirectly, 1\lembers instant, in which I set forth that the committee did not enter­ of the Senate and the House? · tain the view that the rate of board should be increased., that Mr. TRAMMELL. I -am heartily in sympathy with the sug­ I em-phatically opposed the idea before the committee, and I gestion, as !"gather it, of the Senator from Utah, but to go into felt confident that a majority of the Committee on Public Builitiates the Constitution there:)f? Most respectfully, PARK TnAMMELL. "In order to better understand this important subject it might be well to revert to the making of the Constitution and its [From the Washington Star, Jan. 7, 1920.] provisions. . OPPOSES ROOh RATE RAISE-HOUSING CORPORATION BEAD WRITES OF " England has no written constitution ; therefore all things DORMITORY SITUATION. are possible to the English Government, as nothing is forbidden Opposition to an increase in the rates charged at the Govern­ to it. The Constitution of the United States is just the reverse. plent. dormitories fo::." woman Government employees on the It is a written Constitution, and all things not granted by thi:; Union Station Plaza was voiced in a letter sent to Chairman written document are forbidden. When we won our independ­ FERNALD, of the Senate Public Buildings an.d Grounds Committee, ence after the 'Var of the Revolution we existed from 1782 to by L. K. Sherman, president of the United States Housing Corpo­ 1787 a.s a Federation of States. The powers were so limiteu ~·ation. The Public Buildings and Grounds Committee recentJy and the conditions became so chaotic that George Washington, reported to the Senate that the rate should be raised from $45 Alexander Hamilton, and other great minds of that time plainly to $50 in order to prevent the Government from losing money stated that unless we could have a F~rleral Government with on the investment. increased powers the then existing form of government was Until the salaries of the Government employees are " made doomed to dismal failure. The Constitution was thet·eupon commensurate with expenses," :Mr. Sherman wrote, "the Gov­ dra\vn and finally adopted in 1789, ·and its cU:fferent articles ernment would be- in a poor business to underpay its employees stated the functions that the Federal United States Government with one hand and collect full commercial rates from them with could perform, and to be absolutely sure that all rights not the other." · ·· given in the written Constitution were reserved to the original 1920. CONGRESSIONAL RECORD-SENATE. ; :1215

authority-the Colonies or States-they make doubly sure that it is the only one of all the functions of the Government thereof by adding Article X to the Constitution, reading as requiring a three~fourths affirmative vote. follows: · "Such a bill would ha\·e to.·provide for the introduction into "The powers not delegated to the United States by the Constitution, our Government of a new function therein. It would have to nor prohibited by it to the States, are reserved to the States, respec­ create an ' ambassador supreme,' who would have the power to tively, or to the people. bind our Government to war, to the supply of troops, to raise "All forms of government previous to the American Republic vast funds of money for war .purposes, and as the Federal Con­ had been democratic (rule of the masses) or autocratic (rule stitution (by.-laws of the _States and people) distinc_tly now of the kings), and all, as far as the uplift of humanity was vests this I)ower in the Congress only, such a bill would also concerned, had been failures. have to provide that the powers of Congress would be abrogated "Om· forefathers and the framers of our Constitution had to that extent. · · one great cardinal idea in view in the__formation of our Federal "In all fairness I ask you what possible ch_ance would. there Go\ernment, namely, because of these previous failures they be-of such an amendment passing by a two-thirds vote, even the must create a new and different government from any in the House and Seriate, to say nothing of being passed by· three- past, and this they did by our present form of government, viz,· fourths of all the States? . . . a.government of repre:sentatives Qf.the people, and th~y th€? put "The- President cim not by treaty; even by the· consent and such checks upon these representatives as, in the1r opm10n, favorable vote . of the Senate, lega)Jy transfer this power from would forever prevent a dictator, an autocrat, an emper~r, or the Congress, and ·if the treaty should so pass the Semite, the a king becoming the ruler of the new Repu"!>lic. This wa~ their. Supreme Court of the . United. States must undoubtedly .declare one great fear, and they fortified the Constitution by every same unconstitutional. . safeguard which they could possibly create and by every check · "The Supreme Court, through Chief Justice Marshall's cele­ '~hich they could devise to niake such a calamity impossible., brated decision early in the life of our Government, established In addition to the history of the forming of the Federal Govern­ for all time the principles, never until then fully ·acknowledged­ ment, a study of tpe functions of our Government itself prov~s in fact, actually denied by the political party then in power­ this conclusively. .. that the Constitution was, as it itself declared, the supreme law " Congressmen are elected for two years, Senators for six­ of the land, to the provision of which all laws of Congress and the Senate checking any sudden impulse of the people-the of the States must conform-and that the Supreme Court was President is elected for four years. _ · the ultimate mid indisputable judge of such conformity. "The legislative branch ~f the Government (Congress) pass~s "To-day, as in 1800, the' Supreme Court (not the .Political legislation. There is a check upon it by the veto of the Presi­ party which at present disputes the question) will be the ulti­ dent. If his veto is specially obnoxious, there is a check ~n mate and indispt1table judge if it is ' in ·conforrility to the Con­ him by Congress passing over hi_s veto by a two-thirds affirmative stitution for the· treaty-making branches of the Governtnent to vote. The laws when finally passed by the legislative and exe<;- . make a treaty which vitiates and changes, contrary to the pro­ utive branches can again be checked, if unconstitutional, by a .visions thereof, the very Constitution and Government itself. decree of the Supreme Court. Arti~le VI of the Constitution reads: "Again, in the functions of a ti·eaty, a check is placed UJ?On the "This Constitution and the laws of the United States which shall be Executive by the provision that he shall have power only '~Y_ made in pursuance thereof, and all treaties made or which ·:shall be and with the arlvice and consent of the Senate, to make treaties, made under the authority of the· United States, shall be the -supreme law of the land, and the judges in every State shalJ be boupd thereby, . provided -twp-thirds of the Senators presefi:t concur.' ;Again, anythln.g in the Constitution or laws of any State to the contrary not- . you will note this is a two-thirds affirmative check, and the withstanding. ·· · · ' , · wisdom of this check has been amply justified in the recent " The framers of our Constitution considered the function of action of the Senate· on the un-.American· treaty ·of Versailles. a treaty limited to agreements and understandings with. a for­ ''Now (and here comes the vital attack on the foundation of eign State, and in nowise or under no circumstances to have our ·Government itself), does not the administration, and do not "anyth1ng to do -with a change in the form of o~r- own domestic . tliese administration Senators and these newspapers, know that Government, which they· liad so amply covered by the Constitu­ the' original 'treaty of Versailles' (by a method direc~ly con­ tion itself with its numerous checks, provi!:.ions, and safeguards. trary 'to the Ia w of our' land) changes ou·r form · of government ·Note that' all laws of·Congress · that are in accordance with the i.lDd vitiates the greatest document for the uplift of humanity Constitution shall be the supreme law· of the land, bilt :to be that the world has ever known, namely, the Constitution of the legally the supreme· law'of the land they must be· in p:ursuance United States? of the Constitution; similarly all treaties made ' under the au­ ·"Article 10 of the league of nations covenant, calling upon the thority of ·the United States shall be the supreme law.- of the ·· United States to guarantee, for all· time, the present territorial land,' but to be legal they must also be made under the ' legal integrity of every nation all over the world, is atrocious in the authority of the United States, or, -in other words, in pursuance extreme and in all conscience is bad enough, but bad as that is of the Constitution. A treaty created to do something ou'tside and bad as other parts of this un-American treaty are, there is its proper legal function, the operation of which would nullify nothing quite so appalling as the attempt of this treaty the most important and best safeguarded provision of. all the (contrary to the law of our land) to create in the Government provisions of the Constitution-equivalent to o\·erthrowing the of the United States a new governmental function in the person Constitution and hence the Government--could not -have been of a representative to sit in the' league·of'nations' with power created by the legal authority of the United States and ·would to vote and bind the United States. ~ · undoubtedly have to be declared unconstitutional by the Su­ " To-day there is one power · and one power only that by its preme Court. If this were not so, the treaty-making powers of vote can bind the United States and that power is the represent­ the Government (the President and Senate) could enter into a atives of the people· themselves, viz, ·the Congress; the President treaty with Engl~d, or even with n small country like Nica­ can not bind the United States (except by special authority from ragua, or with a country hostile to the United States, like Congress). The ambassadors, consuls, ministers, or other offi­ Mexico, to bring about any change in our form of government, cers can not bind the United States under the Constitution. such as, for instance, to elect Senators for two years instead of "The power of the Congress, by its vote to bind the United six, or to establish n. monarchical form of government instead States, it derives from its original possessors (viz, the States of our Republic, and the same would be the supreme law of the and the people) through their Constitution, and therefore there is land, notwithstanding that such a treaty would destroy our re· no legal means (other than the method provided for by the publican Government itself. The very contemplation of such States and the people themselves in their Constitution) that can possibility reveals-the complete absurdity of a contention that take this power from the Congress and give it to anyone else, the treaty need nof oe in 'conformity to the Constitution. much less to any one man who is to sit on -a foreign board and "In 1787, when New York State·was debating whether to join by his vote to bind the United States. the Federal Government or not, Alexander Hamilton asked u The possessors of this power (viz, the States and the people) advice of Chief Justice .hall upon the following: provided, at the time of the formation of our Federal Govern:. "'Could a State once adopt the Constitution and then withdraw from ment, the only legal method to change the fbond forever. The Constitution could not of government desired. After this bill has been passed by the provide for, nor contemplate, its own overthrow; the answer, Congress, without any action whatever of the President, and therefore, to those who are now attempting to clothe the treaty­ after three-fourths of all the States by a favorable vote concur making power of the Government with the assumed authority to therein, the same becomes legally the law of the land. change the-form of our government is-the same now as it was " Kindly note these two significant facts, that the President then-No ! Such a thing could n~ver be done. The Constitution is not to sign such bill or be a party to the matter at all, and could not provide for, nor contemplate, its own overthrow 1 1216 CONGRESSIONAL RECORD-SENATE. JANUARY 8,

"W.e h::n·e seen that a constitutional. amendlnent is the. only " Senator SHERMAN, in his. remarks on the floor of the Sennte po\\er that legally can change the- foOl\ of. ou:c Government,. on .J.un~ 6", 1919) made the following statement: and that a two-thirds. ll:ffirmattve vQte of tbe people's Re~re­ "The m:m who """rites a book to portray a new and perfect govern­ sentn.thes in botl\ the. House of Rep;:esell.tatives and the Senate. ment he assures us he has. invented, suffi..cient for the salvation of the entire earth, is more dangerous to his country than the anarchist who ;is first required, and in addition. thereto the concurrence of seeks {o usher- in the Pnle of dynamite as a cure for- every ill. •three-fourths of all the States is r~uireclr and that the :Pr~si- " Co.l. House foreshadowed the destruction of constitutional govern­ dent shall have no function therein !'Mnt m th~ lJnited St:~,tes in hlSI wol'k of fiction published in 1912. " Kindfy full It 1.& .a tetwithsttl:ndi·J:lg the svedal :requirements of a two­ acti'Qn of lli.s. shQu.lc1 have the consent of Coog:ress before becom~ i.ng. effecti~c. If s.1rch n; contNition on tb.e part of the ad-vocates third~ vote of the Coog:ress and of o. three-fomths a®mative o-f the treat..v is 110 ;vever. foundecl on fact, wby, then, a.U this ~ -vote ot all the States (all mad~ :purpQsely a.n« e~eSf:tiy tQr .the safeg1:1:ardtng· ot the Yery lli.e- of ouv· beioYe

  • w eu.tieavorio.g, th.l'ough an entirelY' d..it!etent illStl:UllN'Utality twhicll avoids referr:tng this makes clear both to the American people and our Allies that vital matter to :my of tbe States. at an, or- C\-"'en. to the. people's :which thE>}: claim to be ihe f:J.ct, viz~ that .A.meYiro's npl·esenta­ Representatives in the Bouse)-nUtmely, U' tPe.aty-to :illega:.l:.l); ti'e- Qll. the leagu~ c~ u not by hls vote bind tl1e Unilted States ritho:ut the sancUou ! the Congress.? lt is inconsistent, for change th-e form o:f our- goverl'l:w.eat, whlch. he- ot.he:rwrs~ €"ollhh not pbssibly do. enmpl..e,. to. argue on tlle o.ue hand that a reservation to '"If any one man.,. even. with the consent of the Senate, ean a.rticle lOt whidt wouk1 (lefine the limits o.:C our obligations 1·e1. ti'""e te. guaranteeing territorial integrity of Euro-pean na­ chnnge the fo:rrm of our government in direct op ~iti!on. to the method Piiovided for t!y our forefath£rs in the Constitution, tioo.s would take the heart out of the t.ren.ty and in the same argue such 1·eservatio11 is unnecessary because ,tJle. on~ man can aLso- ~ba~~ the. fo!m of Qill.t" goverru:aen.t in breath to that n the- limitations o:f our obligations. are cleady understnod. othi:r· respects and! th~ de:J.tb kneJl of the grea..t A.me.r:tCflllll Bepu:br lie is sounded. Either these limitations are unde-rstood and such a reservfttion oo harm and be all the "OUJ! forefatbe:us' great efforts und cn.refttl)y ueTel~PRd safe~ coul4 do. would acceptable to of parties guai'tls will then have , Tailed us n-Qthlng,. and in. spite of oll to the l~ague o£ nations covenant or they are not un{}erstood their safeguards and their truly- wonder.:fnl CDll.stltn:tion .i:t a.tld should be oo cla:ui.ticd that an the American people and OUF allies \lll(le~tsta.nd tMm h4?~ond acy sbadow of a doub-t. ,woulcl be pos ·ibl~ t:tlen 1?Ia.t: w~ may on..e: day- see a. dicta tor,. an . ~:tnli> rol", ol' a k.i.Bg ruling o-ve~ our- ~t'tlt lilberty-lPvtn.g: "Re.­ "\Vo-uld. any honest business. man. sign a contract which he pu,btic! knew he could Ji\Qt p~form? W o.tlld be- hesitate to let the other "A short eonshieration o-f the mann..i!r in whkh this. un..­ pa.rties to the- contract kno . befru·e it \vas signed, the limits of t:.h0 ~rfo.rm? is all .Amer.i:ean ~aty was framed migh oo eriligl,rtening.. Yl!om all obligations he- could This that the Senate ac<:ouut& the A.m:eriean draft of the treaty s: :neTe:r- s....artously cmnmittee-'s Feservations. do, and yet they ar~ per istently and . cQQsi.! desir~ t~ grrot power- of tll! United. States tO' back up England's The standard of our mornlitY' m. o-ur relation.s with foreign present territorial integrity int all cm:n~s of tl!l..e eartJl. and for nati ll:S m"C:St t le-ast be- a high s tha.t of our- individual :rela­ all time is oot tO; be wondered at.. and one- must admire them for tiQD.S.. their astuteness in endeavoring to bring to. thei..u suppm.·t this. "It may also be contended that the fea.vs expressed with re­ great, wealthy Republic, with its m.Qney- ~ndr with it:SJ manhood spect to the possibility of eox:ecutive usurpation tmder the treaty w~~Fe"Wi~h to d-efeno ~~~.. all time theil'· te:rJtitt)r:i:al in.tegri.t1'. ' are !lOt" ell founded, sine if th'C exe<.:utiY"e department, through . In VIew of the stgnUiront !a.c.t tlmt too Versailles peace the representative on the league of nations council:, should at­ t;reaty threatens the continued exist~ o! our eonstitntlo.nal tempt to assume such powers as those lrerein described, the goveru.ment itself, it migh.t b() weU fOl' the J>Ubli(t" t01 lm.OW tbe Supreme- Conrt would mterfere. Unforttmately, we have al~ · attitude o.li the· Pr-esld€

    Constitution would never have dreamed possible, without the cost of such proceeding, be entitled to a bearing de novo bE-fore a judge of the Federal court of the district or circuit in which the party acts of the executive department having come before the affected or aggrieved resides. But in case the party aggrieved or af­ ~upreme Court for review. Moreover, it would be wholly un­ fected is successful in securing the admission of his m8)l matter to the justifiable to enter into a contract knowing that as it is written mails he shall not be liable for the cost of the proce€dings, and the court shall have power during the pendency of the proceedings in court the Supreme Court would have to declare it unconstitutional, to suspend the order of the Postmaster General : Provided further, since we would be placed in the unfortunate position of having That no such court proceedings shall bar or interfere with any criminal assumed obligations which \re could not perform, and instead prosecution under the. terms of this act. of cementing our friendship with other nations such a pro­ l\lr. NORRIS addressed the Senate, and before concluding cedure would only tend to dissipate such friendship. the morning hour expired. "It is to be hoped therefore that this great matter will be The PRESIDING OFFICER (l\Ir. JoHNSON of South Dakota brought to the attention of the American public in such a way in the chair). The hour of 2 o'clock having arr:iveU., the Chair that we will hear less of this talk of compromise of the autonomy lays before the ~enate the unfinished business, which is House of the United States. bill 3184. " The American people therefore should certainly give fervent Mr. STERLING. 1\Ir. President, in view of the fact that we thanks to the great American Senate, to the Republican Party, are making such progress in the discussion of the sedition bill, and to the great Senator from the State of Massachusetts, that I wonder if the Senator from Minnesota [Mr. NELSON] will they in their keen wisdom have seen through the deceits of the not allow us to proceed with the further con. ideration of that Versailles peace treaty and are demanding and will force upon measure? an unwilling President and administration Senators an Ameri- Ur. FRANCE. That requires unanimous consent, and I ob­ canized treaty or none at all." · ject. SEDITIOUS ACTS AND UTTER..l:'\CES. The PRESIDING OFFICER. Objection is made. The VICE PRESIDENT. The morning business is closed. WATER-POWER DEVELOPMENT. l\lr. STEULI:KG. I move that the Senate proceed to the con­ The Senate, as in Committee of the Whole, resumed the con­ sideration of Senate bill 3317. sideration of the bill (H. R. 3184) to create a Federal power The motion was agreed to; and the Senate resumed the con­ commission and to define its powers and duties, to provide for sideration of the bill (S. 3317) to prohibit and punish certain the improvement of navigation, for tile development of water seditious acts against the Government of the United States and power, for the use of lands of the United States in relation to prohibit the use of the mails for the purpose of promoting thereto, to repeal section 18 of "An act making appropriations such acts. for the construction, repair, and preservation of certain public l\lr. BORAH. l\lr. President, I suggest the absence of a works on rivers and harbors, and for other purposes," approved quorum. August 8, 1917, and for other purposes. The VICE PRESIDE~T. The absence of a quorum being Mr. CURTIS. Mr. President, I suggest the absence of a suggested, the Secretary will call the roll. quorum. The roll was called, and the following Senators answered to The PRESIDING OFFICER. The absence of a quorum is their names: suggested. The Secretary will call the roll. Dorah Harris McKellar Sherman 'J.'he roll was called, and the following Senators answered Calder Harrison McLean Simmons to their names : Capper Henderso11 McNary , Ga. Chamberlain Hitchcock Nelson Smoot Ball Gronna McKellar Smoot Colt Johnson, S.Dak. New Spencer Borah McNary Spencer Culberson Jones, N. l\Iex. Norris Sterling Capper Harrison Myers Sterling Cummins Kellogg Nugent Sutherland Chamberlain Henderson Nelson Sutherland Curtis Kendrick Overman Swanson Colt Hitchcock New Trammell Dial Kenyon Page Trammell Culberson Johnson, S. Dak. Norris Underwood Dillingham Keyes Phipps Underwood Curtis Kellogg Nugent Walsh, Mass. Elkins King Pittman Wadsworth Dillingham Kendrick Page Walsh, Mont. France Kirby Poindexter Walsh, Mass. Elkins Keyes Robinson Wolcott Frelinghuysen Knox Pomerene Walsh, Mont. Fernald King Sheppard Gerry Lenroot Ransdell Watson Fletcher Lenroot Simmons Gronna Lodge Robinson Wolcott France McCormick Smith, Md. Hale McCormick Sheppard l\lr. GRONNA. I was requested to announce that the Senator l\Ir. UNDERWOOD. My colleague, the senior Senator from from Wis@nsin [Mr. LA FoLLETTE] is absent, due to illness. I Alabama [Mr. BANKHEAD], is absent on important business. wish that !his announcement may stand for the day. Mr. GERRY. The Senator from Louisiana [Mr. GAY], the The PRESIDING OFFICER. Forty-five Senators have an­ senior Senator from Arizona [Mr. ·AsHURST], the Senator from swered to their names. There is not a quorum present. The Montana [Mr. l\1n:Rs], the Senator from Kentucky [Mr. STAN­ Secretary will call-the roll of absentees. LEY], the Senator from Maryland [1\!r. SMITHl, and the junior The Assistant Secretary called the names of the absent Sena­ Senaf.or from Arizona [Mr. SMITH] are detained from the tors, and Mr. I..onoE, --Mr. OvERMAN, l\1r. POMERENE, Mr. SMITH Senate on official business. ;.rhe Senator· from Colorado [1\Ir. of Georgia, and l\fr. WADSWORTH answered to their names when THOMAS] is absent on account of illness, and the Senator from called. Tennessee [Mr. SHIELDS] is detuined on account of illness in Mr. HARRIS and Mr. CALDER entered · the Chamber and an­ his family. swered to their names. Mr. SW.A.NSO~. I desire to state that the senior Senator The PRESIDING OFFICER. Fifty-two Senators have an­ from Washingt•Jn [l\lr. JoNES] is detained from the Senate and swered to their names. There is a quorum present. from the city, and has been since the reconvening of the Senate, TREATY OF PEACE WITH GERMANY. on account of illness in his family. I have a pair with him. I will let this a:;:mouncement stand until his return. 1\lr. KING. l\Ir. President, a solemn responsibility rests upon Mr. GRO~:i\A. I have been requested to announce that the the Senate to dispose of the treaty of peace with Germany which senior Senator from Wisconsin [Mr. LA FoLLETTE] is absent on is now before it. The defeat of the various resolutions of ratifi­ account of illness. cation offered by Senators was not a disposition of the treaty. It The VICE PRESIDENT. Sixty-three Senators haYe an- is still an issue of transcendent importance. Indeeu, it is the 8'\Yere<.l to the roll call. There is a quorum present. paramount question before the Senate and before the cou"ntry at Mr. l\1cKELL1-ffi. I submit an amendment to the pending the present time. No juggling of words, no finesee, no attempts­ bill, which I ask to have printed and lie on the table.- regardless of the source from which they come-for strategic The VICE PHESIDENT. That 0rder will be made. The bill political advantage, no sophistical arguments or rhetorical exhibi­ is in the Senate nnd open to further amendment. tions, can or will convince the country that-this oYershadowing Mr. BORAH. Mr. Presit.lent, on yesterday I offered an question has been disposed of. The country is stirred as it amendment to this bill. I have made some changes in the seldom has been by reason of the issues involved in the pending amendment, at the suggestion of the Senator from Pennsylvania treaty. The question of ratification of the treaty appeals to no [llr. K:No:x:]. I offer the same amendment as modified, and ask one section or no particular class of our citizenship, but it grips to haYe it printed. and lie on the table. the people in every part of our land anu addresses itself with The VICE I:'llESIDENT. That order will be made. as appealing force to the laborer and the artisan as to the busi­ l\lr. NORlUS. Will the Senator have the amendment read? ness man and the intellectual. Any eyerywhere it is felt that no l\1r. BORAH. 1 think I had better read it, for I have inter- more important question has e-rer been presented to the American Hued it, anu I do not think anyone else can read it. It is to be people for determination than the one which we have been con­ offered as a proviso to section 3, which is the mailing clause: sidering for many months. The American people, in my opinion, have given the questions involved in the treaty with Germany Provided, That any author, publisher, or party affected or aggrieved by the action of the Postmaster General in excluding materials from most earnest and serious consideration. The juugment which the mails under this section shall, upon filing a bond to cover the actual they now haye is not the product of hysteria or the result of 1218 CONGRESSIONAL RECORD-SENATE. J AN·u .A.RY 8, prclXtgandn.; neither l1a-re political or party considerations in- tion of the question as Americans and not as partisans; they fluenced them in reaching the conclusions which now guide ha\e refused to make the issue a partisan one. Those \Yllo them. Seldom bas an is ue of such overwhelming and transcend- ha'Ve nttempted to do so have been rebuked by the people. In ent importance been determined by a great people with so little every political subdivision of our country men of all political of partisan spirit as the is ue presented in that part of the treaty parties and those who are members of no political party llaye kno\\n as the coyen:mt of the league of nations. Frequently do- been found side by side fighting to secure the ratification of mestic questions affecting the welfare if not the Vital intetests of tbe pending treaty. That this treaty should hnve pro\oked the Republic have been determined because of the partisan as- controversy and Yiolent discussion might haye been expected; pect which the question presented. indeed it would haye been discreditable to the intellectual pow- International questions of tremendous importance have often ers of the American people if it had not proyoked earnest and been detcrmiued by the American people with reference to party serious discussion and a divergence of views. But after months advantage or disadvantage; but be it said to the credit and of earnest consideration the great jury of our country haYe honor of the American people, they have approached the con- reached a conclusion. That conclusion is that there is so much sideration of the covenant of the league--its consequences, its of good in the covenant of the league that the treaty with Ger­ effect upon our country and upon the world, and all other many should be ratified, and that any delay•in its ratification cognate and material matters-from a patriotic and American will be attended with serious consequences. standpoint, and without thought as to the consequences, or The American people appreciate, in part at least, the titanic the effect their action might haye upon the fate of any political labors ~at rested upon the peace conference at Yer ailles; the"J party. There are questions so great, so vital, so important-to apprecrate the conflicting interests of the various nations anfl 1 the welfare of a people and the perpetuity of free government the rivalries and jealousies necessarily existing. They feel that . and the triumph of civilizn.tion, thn.t 1t is almost an act of an instrument perfect in form and unobjectionable in substance ' sacrilege to consider them with reference to the advantage or is impossible. disadvantage which will accrue to a political party by reason The treaty contains some provisions that are not satisfactory of the judgment formed by the people and action taken by to many of the American people. In its structure there a.re them with respect thereto. In great crises in this Nation as sins of omission and commission. It bears evidences of com­ well as in other countries, party spirit and factional strife promises and of the storms and the furious tempe. ts through have been forgotten and patriotic devotion to country has which it passed; but "\lith all of its defects, the American people guided the people in heroic and mighty struggles culminating believe that it possesses so much of merit, and that its po­ in the triumph of the right and the preservation of liberty tentiallties for good are so real and genuine, that it would be and national independence. a national mistake, if not an international tragedy, for the There have been some sinister :figures in the land who have treaty to be defeated and for our Nation to refuse members!tip sought to com·ert the question of the treaty and its ratiftca- in the league of nations. I am not oblivious to the fact that tion into a purely partisan political issue. There have been many of the .American people, in their desire for ratificn.tion of a few who have desired to make it a political issue and to seek the treaty, with a sincere insistence demanded that certain ; party advantage by reason of the defeat or success of the reservations shall constitute part of the resolution of ratifica­ ' treaty. No one denies but that in a republic such a.s ours tion. Some of the reserYations urged in Yarious parts of our political parties are not only advantageous but they are neces- country and presented to the Senate for consideration I think sary. Strong and Yirile political parties contesting With zeal are wise and eminently proper. There are others which have and spirit for those principles which their respective adherents received consideration here, as well as throughout the land, regard as essential for free government and for the reign of which I regard as highly objectionable and inconsistent with ·justice and righteousness are imperatively needed in this the fundamental principles upon which the treaty rests. The Republic; but political parties are made for the people and protracted discussion in the Senate and before the bar of public not the people for political parties. If parties become sub- opinion has, in my opinion, demonstrated that the treaty can versive of principle and liberty and good government, they should not be ratified without reservations. The defeat of amendments , be destroyed. If political organizations become corrupt or to the treaty was a great victory, but that result does not fore­ more interested in success and in power than in maintaining sha

    . 1920. CONGRESSIONAL RECORD-SENATE. 1219

    snpport with the utmost reiuctance. However, I have been The PRESIDDiG OFFICER. Does the Senator from Utah ready, and run still willing. to concede propositions and to sup- yield tt> tlle Sermtor from Nebraska'? PQI't reservations with which I am not in accord if by so doing .Mr. KING. I yielt1. the full act of ratification may be cons1IIU..lmlted. I .rnt-ve -a:ppre- l\fr, HITCHOOCK. The quotation wt;ich the Senator has ciated th t if I expected concessions to be made by others I must roo.d should be a.ttrmuted to the Forum of .Tune, 1918.. The in turn surrender some points for which I had contended. newspaper made a mistake in ssTg:ning the month. 1\Ir. President, the treaty is before us and the world awaits Mr. KING. I thank the Senator. I had read the .artkle at our action. I refuse, as I believ-e the Alned.can poopl~ I'e.J..~e, the time, but was not certain as to the numb.&' in which it "lip­ to regard the vote 'Of ..~:rovemher 19 a.s deeisiv~ or as conclusiTe. pea.red. .And yet, Mr. President, as I recall, the distinguished By that \Ote we merely determined tba.t the .resolutions sub- Senator from Massachusetts, the leader of the majority, voted mitted did oot meet t.he \ie'lvs 'Of a sufficient nun:ibel- of Senators far the proposition SRbmitted by the able Seilllt<>r from Penn:syl­ to effectuate the ratification 'Of the treaty. We o-urselves do \ania [Mr. KNox]-a proposition which callecl for a •l sepan.te not re!lllrd the acti<>n of that date as a linality. What obstacle peace"; a proposition which called for the desertion of qur now interposes to prevent action, and pro.mpt .action? Certainly allies; a proposition which, if it had triumphed. w-ould have it can oot be pride of opinion that delays action. It is no laek inyolved us in serious .complications, and, in m,y judgment, of patliotisru that chains om· feet. Certainly it is not the re- wo-uld have ma<:lc ifor .a continuation of the unfoctunate, if noi ult of insensibfiity to the supreme imp()rtance of immediate ac- to say disastrous. couditl:ons which now prevn.il in Europe. tion. Let us ct, and act now. Let us give hope an:d "COurage In the light of fu.e posifu:>n in.ken ~JY the Senator from Massa.­ to the peoples of the world in ord.et• that the beginning of this clmsetts flli. 'L.oD:trate peace with the Central Empires. We li\"'ei'e responsibilities which we could not in honor avoid. Be could proud t() be associated with the bra\e ancl gallant poo!)l-es wbo see, as .e\er.y patriotic American oould see, that .it would be an so vnliantly fought to preT-ent Prussianism from dom:inating the ct of oowardiec for the American Nation. when the war was world. We were united in a common cause. Jointly w-e trl~ o~er, to scnille out of Europe and to .abandon to their Late the umph~ o\er the common e..nemy. We sha11 not nnw separate new nations that woulc1 be cretttoo and to abandon .our allies fro.m those with whom common dangers united us. in meeting the :n-eat aru1 o·emendo.ns issues which the cu1m:ina- There were some partisan voices raised in our land ~"'ftinst tion 00: the war !es Hberati:'d, 'Ul1d t'hc Turt dri'Ven from Et'~-TO.P:>. We do ·~• ti tb. "'1: ~"' p '"""'d t Wfl.,....,.. t ~~~,~ .Dot intend that enruu:t or Jda,gyur ~Shomild 'Wl'O~ by ~rs or was any lULe:D on upon e Pf tlre blacke,;t CT'i.'J;nc it tb.ey ~re wiHin:g to Ro-um::rl!l:ia. 'The ~rotc Czntiho- · ~ o~aks mm"t l>e ma& in.te .t1 iw:leo­ to makt>' a peace on 1:he status (Jlro ut-e bellum Ud -re~erea.te 'the sitl::ro.- pendent common'\\-ealth and the Soutllem .Sln-vs must · ~ 'Ullitcd lin 'n tion wh:icll existed before the wa.r. If we se;nd Ololi' aT.nrles alli'l. onr great J'ng&-Slav (oommon-wemth. P0land,_ a.s a .g6ll'llinal.y .independent young men abr0ad to be kill.ed .and wonn.ded in :northern Fr::mce and commonwealth, m st :rec ive back Austnan .and Pr.ussian Pdland, as Fl-nnf GennnD:J . s we:Il -as o.f Biassia-and no part What does tlte Senato-r meau wh€ll he speaks of creating a ~ tl'le .a;J'l'Ciettt Empi:re m: Russin '1lluttt be left under 1:b.e G.erm-an :yolre ox " situation w'here no such war ~s thi3 comd t·ecur...,? uhj~ct ill. Aicr w:cy hr Gernr.m in1luene.e, e-ve:n the sll.,nohtest. • ( T r inq1Iil'e of Senators how is the fr'e-e.dom .and lnde}Jelrdence 'Of Was he not thinkmg of a 'situation , which would be brought Lrtbuania and Livonia and Finland and 'these mew nafi(}ns that about through the establishment of a league of .nations: · t :1..- t t<> be rte~rl? It ·s cert.n,., ·~t 0 L n ~ ., are o 'ue se up gt1aan tu • .1 LLL.U. ~ o LWOSe- It is manifest that he .hopec1 fOJ.• a "Sitmltion whlch would ,elt app~ted that th-e 'VietorimlS nations worild be compelled pre"Vent war. li no peace w.as desired " nn the status <[Uo ante t" """'r~tect at least for some _period, the indtWendenae of the bellum,' it is certain that the Senator had in mind the vlew '.1:' ..,. t.h t t:il€ final terms of peace must !Yl'ovi9e some organization or new nations that were to be establlsheu. 'Vhat did he mean force 0,~. authority that would .not only create new oo.tioos in by tbe werds "must be gutlra.nteed theiJ.· freedom and inde­ Europe but defend them, if necessary, ag-alnst n.ssaults whlch pendence t•? would restore th conditions and Situations e:x:lsting JU'ior to the Sueh -~ty co'lild -o-nly 'be enfo!'eed by n. leao""lle of nations war. or by treaties binding and specific in terms. Who shall say I submit that the Sen tor 'Ofters a stTong argument m :favOl' that CoL Roosevelt ever conceived the posslliility of a separate of the league of nation .: peace with Germany ? The " guaranty " described by him called We can .not make peace in the ordinary w~y. We can .110:t. in the for joint action by the .allied :and .n.ssociated Go-vernments and flrst place. llUI.lte peace e-xcept in company 'With our JJ:llies. lt would for 'n _'Pea(.le in -which tlre nctmious ~tions conld join. brand m With everlasting d'isho1WI' :a.nd bring min to 'OS al:ro if -we Re J)Toceeds : tlllder'took to make a -separate paee., .... ~orthern :S-chleswig hott:W. go back d:o rthn Dan.es. IBritai.n .a;nd ..Ta,pa:n _fr, IDTCHCOCK. Mr. President-- sl:to.uld .k~ 'tare colOllies t y ·havc ctmqUered. 1220 CONGRESSIONAL RECORD-SENATE. JANUARY 8,

    I am afraid that statement of Col. Roosevelt does not quite act wJth the c

    '\l orld. His great contribution to the eause of· democracy and to criticized because it has been said that he oppo~ed amendments the peace of the world is not fu11y known at this tin1e even to his or reservation'S. Ur. Presi:dent, st1ppo e Woodrow 'Vil'son, con­ own counh·ymen. tending as he did for thls treaty, having lnl!rored to secm·e it, Let me pause here to say, ~lr. President, that Woodrow Wiison had come to the American peoi>le an:d, while pr~senUng tll.e is still the titular head of a great, militant democracy. No man treaty, h-ad said, "I will consent to amendments, reservations, can wrest the scepter of authority from his hand. Upon a sick modifications, and qualifications.'' In what attitude would it bed his clear brain has given expression to the policies of this ha\'e placed him with the allied nations~ He had insisteu that Republic, and his judgment has guided, and guided well, the the representati\es of those nations should _make concessions.

    American people and this Nation. There may be those who France, bleeding at every pol'e, terrified1 even in tile defeat of think his leader hip is ended. He still is a powerful figure in her enemy, by the fear of a possibfe recrtrd-escence of her power, the world. He is guiding the destinies of this Republic, and demanded that the Rhine should be fixed as the boundary be­ with honor occupies the titu1ar headship of a great and arr undy­ t\feen Belgium and France and Germany. President 1Vil'Son ing political organization, nnd his influence now and his influence wanted that there should be no ~ds sown tha.t would bring in tl'le fuh1re· upon hi'S party and upon the Nation will be great forth another war. He wanted no Alsace-Lorraine pro\isions and potential, and the years to come wi11 pay homage to Wilson in the treaty, and '\\ith the earnestne'ss of a crusader and with and to his great work for his country and for huma.nity. the vision of the true statesman he insisted that they should When the full light o:f! histo1·y shines upon the proceedings of yield upon that prol)asition, n.nd they did yield. If he had t11e peace conferenC'e, the work of President Wilson will be brougllt the treaty here, h.a"\"ing wrung concessions from the acclaimed and bts moralleadershit> there, as well as elsewhere, Allies in the malting of the treaty, .and had stared that he was will be r~o.,.nized. His influence \fas powel'fully exerted for \filling to accept amendments and: reservations changing, modi­ the weak nations-for people everywhere who were seeh."'ing to fying·, alteringr and qwilifying it, I repeat he would have sub'" struggle from dnrkne s into light. His -vie\\"'8 were set against jected himself to tlie charge of having betl"U.yed his ames. impel'ialistic policies,. against lust for territorial gains, anu for­ There was only one thing fo1· Woodrow WiTson to dol and the a sertion of autocrtttic power. He endem··ored to interpret that w:1s to urg~ that the treaty be ratified. He- could say, ~I the hopes and""ll.~Pirntions of the struggliug masse. and to Sl)eak ha\e r for the submerged nncl inarticulate peoples not only in Ettrope of. anu 'Vindicateu my country; I have fought for world peace and l'Jut throughout the "\\Orld. He belie\ed in the ·olidarity of the for a trenty which will preser're the fruits of victory and ad­ humn.n rnce,. in the ultimate trinmph of justice, and that liberty \ance the cauge of justice in all the world.'' The responsi­ and peace "~ere tl'lc patrimony \\'bich all nations and all peoples bi1ity, wfien he pre ented the treaty to us,. became om-sr 'Ye should enjoy. As a student of history he knew that the forces haye Mt discfiarged the duty which under. the Con titntion is operating in the world \Yel'e- making fot· pro~re. and for a ours. It is our duty to act. If we belie\e reser\ations should lligner cinl~ntion; and l'J.e also recognized thnt there w~re be mn.de, let us attac11. them to tfie h'eaty, and then, having dis-­ in1iuence. and forces manifesting themsefv-es iu the world, per­ charged our duty, return the treats to Pre-sident Wilson, and hap, ultrarational or superrationnl, not cognized by the mate­ the responsibility then will rest upon him to determine whether, rialistic teachers nor the synthetic philosophy of Spencer and with the reservations imposed by the Senate of tl'le United others who find in the evolutionary deYelopments of the world. States, he will accept it and tran mit it to the nations with no manifestations of an omnipotent and. omniscient power. whicll the treaty was negotiated. But until we act Woofu~ow "\Voodrow '\Vilso'n in the year::; to come \\ill be l'egardeu ''ith Wil on can do nothing else than. to stand by the terms of tlle affection and re\erence a the spokesman of the plain people, treaty. It would be regarded as u mistake for the President to of the toilfng masses, of the inarticulate childrt?n of the dark­ consent, before we ha\e acted, to modifications of IDe treaty, ness and of tl'l.e night, in the period in \\rhich he li\ed. an<1 I have no criticism to offe1· concerning the position which Jeffer. on had n passion for peace nnd an inuestructfble love. President Wilson l'la. · ta}ren in relation to the treaty's ratifiea­ for the people. Be belle"\"ed in them, in their capacity for self­ tion. government, and in the future which they were to pos.-·ess. He has exhibited to the allied' nations a. rectitude of purpose Mr. Pr sident, President Wilson did his duty. He pre ented and a devotion to his conception of duty and an inflexible '];>UJ:­ the treaty to the Senate of the united State . \Ve hu\e failed t>ose to adhere to policies and priBCiples agreed upon that to road in the land tives pa.rticfpated in that memorable and most important con­ to-day, and l'li influence exerts an ever-increasiug power ference. thronghout the land. Mr. Presitlent, I repeat that our duty is plain. The treaty ].'he horrors of this rujghty conllict impressed President 'Vil­ now before us must be acted upon. \Ye can not Ionge1· post­ son, as they did all lo\ers of huJrul.ll.i.ty, with the nwfui horrors pone an overpowering duty. The interests of our own counh-y and the wickedness and the cruelties of war. He went to the demand that the treaty be t•atified. The political welfare of peace c~mference determined that if it were within his power our people, as well as the industrial and economic interests of the cam:;e of peace should be advanced. and the possibilities o-f o.ur Nation, cry aloucl for immediate action. :Mo1·eover, om• \far diminishe(L President '\Vilson has been denounced as an . moral leadership in the world will be lost and the crown o! idealist~ He saw wha.t pi·ophets and sages and poets have ·een­ glory and honor which this Nation should wear will be place-d tha.t the day must rows of other peopre~ and other nations. Parts ot world and not the e""il passions of men and the dark and "inister Europe are aftame, and. hunger, starvation, and death are found forces thn.t have so powerfully operated in the ages of tl'le past. in. nearly every State of that unhappy land. The new nati9ns No more opportune time to lay the foundations of a league for created un-der- the peace treaty are struggling to maintain their the peace of the \fOrld was ever presented to t11e world. The integrity and to resist the surging tides which threaten th~ir repre entutives of the allied nations at the peace conference destruction. would ha\e been :u.ot only derelict to their countries but would The highest eccle. ·iastical prelate of Poland has just stated have IJeen untrue to humanity if they had not attempted to that every soldier that poor and impoverished and suffering akiu selfish dellk'tnds, imperialistic a..mbitions, and as a. residuum of tile should be engulfed by this horrible and hi

    tional resource, which ,,..ould vastly increase the value of the mined three-quarters of a ton of c<;>ul in the worl

    1\Ir. WALSH of Montana. That, at the rate of $3 a ton, wou.Id 1\Ir. President, if France,_ having been bled white in the loss amount to $300,000,000 a year. of her young manhood, and having become alnlost bankrupt in l\lr. Cff.il.IDERL.A.IN. Yes. the ordinary acceptation of that term, is yet willing, or her Mr. WALSH of Montana. So tllat \\e- are practically losing citizens aFe· willing, to undertake these great schemes for the $1,000,000 a day every day we delay this legislation. betterment of the people of France, why should not those in :Mr. CH.A.l\IBERLAIN. I think we are-; I do not think tllere-is the United: States who are willing to invest in water-power proj­ any question as to that, n.nd that is the reason l am addressing ects, if only the Government will permit them to do so, be al· myself to the subject generally rather than to the specific pro­ lowed that privilege by appropriately safeguarded legislation? visions of the bill, in order to call attention to these matters. Sweflen has given up hope· of getting coal either from Eng­ I am particuln.rly anxious to haYe the Senator listen to wnat I land or Germany j.n the quantity she did before the wal', and li·as shall say now as to what tlie countl1es that have just gone determiiled te develop every ounce of hyd'roelectrie energy pos­ through the devastations of war are dmng to meet this. very sible in tlle kingdom. She-was so short of coni in 1917 that she situation. The United States has an opportunity now to qo burned 825;000,000 cubic feet of the country's weod supply in likewise and is in a much better position to do so, not- fia..ving her railroad locomotiv-es. This would deforest Sweden if con­ suffered mu<:h from the war as compared with· her allies. N.ow, tinued', for the annual growtfu of timber is only 600,(}00,000 cui.He notice what France and Sweden are- about to do fn tile \ray of f-eet. utilizing their water powers. Under the strange conditions of recent times the costs of fuel Netwithstanding her present disastrous financialJ and economic in 1918 represented nearly 70 per cent of the expense ef trans­ situation, there- is ample e,-i:Uence· that Fra:nce; with characteL"­ portati~n in S"-ed~n as against 30 per cent in the United istic courage; has determined to sarmotmt her momentary diffi­ States. culties and take that position in the world whieh fier ma·gnifi­ In 1917 the Swedish railways paid $20 a ton for coal. Last cent natural advantages have placed withih her rea-ch_ year· the ptiee was $46.90 per ton, and ever since then it has been Sinee· .Alsace and Lorraine have been· restored to her the rising. Therefore Sweden is proceeding with the· work of a~ inLl.ustrial situation of France is lar:gely explained by two fundar veloping as near as possible the entire 5,000,000 horsepower ' mental facts: France- has an abundance of iron ore and a shOI·t­ eontaihecl1 witliin that country. age of coal. In normal times France consumes about 60,000;000 The United States must net fail' behind European countries tons of coal per annum, and her coal mines produce atlon:t in conserving its coal deposits, and· in· developing the yast 40,000!000 tons. ' a:mount of cl\eap. electric· energy contained in its wasting water P'ra390,000 for Amelicanization work. reading of the bill. . To exclude certain radical classes of aliens from the United The reading of the bill was resumed, beginning with section States, and provisions for the enforcement of the immigration 20, page 31, line 15. law. The next amendment of the Committee on Commerce was, in Requiring heads of departments to purchase from other de­ section 20, page 32, line 15, after the word "section," to insert partments materials and s-upplies no longer needed because " and securities issued by the licensee subject to such regulation~ of the cessation of 'Yar activities. shall be allowed only for the bona fide purpose of financing and Post Office act : conducting the business of ·such licensee," so as to make the Directing the Post Office Department to purchase, as far as paragraph read : practicable aeroplane machines, supplies, and so forth, from the That when said power or any part thereof shall enter into interstate or foreign commerce the rates charged and the service rendered by any 'Var and Navy Departments. &uch licensee, or by any subsidiary corporation, the stock of which is Adjustment of salaries of clerks in first and second class owned or controlled directly or indirectly by such licensee, or by any post offices. person, corporR.tion, or association purchasing power from such licensee for sale and distribution or use in public service shall be reasonable, Classification of salaries of railway postal clerks. nondiscriminatory, and just to the customer and all unreasonable, dis­ Providing for a commission to investigate the salaries of criminatory, and unjust rates or services are hereby prohibited and postmasters and employees. Trausferring of road-construction declared to be unlawful; and whenever any of the States directly con­ cerned has not provided a commission or other authority to enforce the machinery and supplies to the Post Office Department by the requirements of this section within such Sl:.o'lte or to regulate and control War Department. Additional appropriations for road work. the amount and character of securities to be issueu by any of such 1226 ·CONGRESSIONAL RECORD-HOUSE. JANUARY 8,

    parties or such States are unable to ag1·ee through their prQ.Perly con­ .project or _projects as of the date of such liccns<>, or as of the date of stituted authorities on the services to be Pendered or on tb~ rates or such fietel'llllnation, if license has not been issued. Such fair value charges of payment therefor, or on the-amount or character of sec\U'ities -may, in fth~ ..discretion d! fte comm· · n, be Uet'O'rmined by mutual to be issued by any of said parties, jurisdiction is hereby eunfaued .upon .agreement between ·the commi£Sion and the applietlnt, or, in ~a e they the commission, upo:1 complaint of any person aggrievell, upon the re­ can not agree, jurisdiction is horeby. conferretl upon the district court quest of any State ~oneerned, or upon its own initia.tive to enfd llnprovement is, in the judgment of ibe commission desir­ provided in the act to regulate commerce, uppl'oved February 4, '1887, -able and justified Jn the pnhlic ·interest froved cond1t10n. excess of the value or values prescribed in section 14 hereof 'for -the The amendment was agreea to. purpOf>E!S of purchase by the United States, 'but th~re -shall be included the cost to such lieensce of the constnu.ction of the .lock or locks or The next amendment was, ·on ,page 36, aitC'r line .20, to insert': other a!ds of navigation ..and all other c_apital .exu6Ilditures required by T~at any person, aBsocia.tion, corporatinn, Stnte, or municipality in­ t?e Umted States, and 'DO v~ue -shall be cta.imed or allowed .for the ten~mg "to construct a dam or other project works across, along, over, 1gnts granted by the commi:ss10n or by this arl.t. , ur l.Il any stream ·or part tb~reof, other than those defined herein as The amendment 'WUS agreed to. navig~le •waters, a:nd o'Vl!r -which •Congress h~ jnris4iction unde'l' iits ~T ~ . . ry • .a.uthonty to regulate commerce between foreign nations and among he ne-xt amenament was, m section 21, 'Page 33, line ... 1, aftet ·the ·sever::Cl States, may ·in its discretion file declaration of such inten- t:he word "thereto," to insert "in conjunction with an in:rprove- -u.on witb th.e conmiisslon, wbereupon the commission shall cause imme­ ment which in the judgment of the commission is desirable and diam ~esD;ga:tt:on uch ·propos:ed c-ons~tion to be mn.de, and .if ...... f . upon mvestlgatlon It shall find that the mterests of interstate ar JUStlfie<.l rn the pub1 lC mterest for the 'PUrpose o improvmg or foreign commerce would be affected by such proposed construction developing a waterway or "waterways for the 'Use or benefit af such person, a'ssoclntion, corporation. State, or municipality ~hall not interstate or foreign commerce " so as 'to mrure the section read:: .lJl'Ocecd wtfu s_uch cnn:struclion un:til it sh?J.~ have applied for and . ' . . shall have recruved a licensa under the provisions of this act. lf "the SE.c. 21. T!J.fl:t. when 'the llt:ensee is ~ muniCli>al corporation, or a commis~.ion sh;llll. not so find, and if no public Ja.nds .()I' reservations are rpullt:ica1 ~~bdi-v.IsJon l'actic~ and P'l'Ocedur.e p. m.) the Senate ::nQjou~n?d until to-morrow, Fndny, J'anunry 'in any ·action or proceeding 'for that "Purpose in the district court of the I 9, ~9!l0, at .12 .o'clock Dlel.'ldian. United States shall conform as nearl-y ns may .be with the practice a:na · procedure in similar action or ,proceeding in the courts of the State ______.:....._ ___ where the property is -situated: ·Pt·ov-~ded, That United States district! courts 'Shall only have ,jurisdl."1:!tlon of cases when th~ amourrt cl:limed by the owner of fhe.:property to be condemnea uceeds $3,000. I 'HOUSE -QF REP:RES:NNTATIVES. The runondment was agreed to. THURSDAY, J arr:uary 8, .19!20. The nert amendment was, in -section 22, pa,ge 34, line 17, before the wo.rc1 "am:>ro.val," ·to strike _out "joint," ·and ·after .the ffihe House ·met at 12 '()'clorlk noon. wora " .approval" to strike out" of the commlssion.and," sons to ':Tille -Chaplain, llev. .Rem·y .N. Couden, D. D., ofiered the tel- make the section read : lowing prayer : SEc. 22. That whenever the publoic interest r.eanlres -.or -justifie5 the Our .Fafher· ill he.,.,·en, ~e stann .before Thee as ser·vants and execution by the licensee of contracts for the sale and delivery of "'• n u power for periods extending be:yond th-e date of terminntion or th-e wa:tt upon Thy commands. Inspire us with wisuom, courage, Jicense, such contracts JDay be enter.ed 1'nto upon -the ».ppro'\"al .of J:he ' fortitude, that we may divest ourselves of inordinate desires, ,publie-ser.vice commission or otheT ~imila! authc;rrity: •in the Stu~ ~n lfi which the sale or delivery of power is made, or if sold or deltvered m se sh ambitions, nnd unholy ·purpos-es, that we may love mercy, a State which has no such public-servie'e commission, 'then upon the do justly, and walk humbly with Thee. approval of the commission; and thereafter, ::in the evnnt of failure to Thou hast given us a Government through our .fathers, con­ ·issue a new license to the original licensee at the termination of the ceived in liberty ana dedicat~"' -to tlle_pro,.nosl'ti·on that all men are 1icense, the United States or the new licensee, as the case may be, shall l::llJ. :.F assume and fulfill all such contracts. created equa1-a""Stupendous'trust-a-nd weprn.ythatwemayhold Mr. NELSON. Mr. President, I ask th:rt the a:mendment be sacred those eternal truths, 1lve tbem, and thus proYe oursel-v-es rejected. worthy of such preferment. In the spirit of the l\faster. A.men. The VICE PRESIDENT. The g_uestion is on agreeing to the '11he Journal of the p.Yoceecilngs of _yesterday was .read and amendment of 'the committee. approved. 'The amendment was reje-cted. LEAVE "l'o ~DllEss THE HOUSE. The next amendment was, in section 23, page 35, .line 4, after the word" as," to strike nut ·the word" revoking" and insert the Mr. DUPRE. 1\Ir. Speaker, under a special order my colleague, word "affecting," and in line 5, after the wurd "liS," to strike l\fr. O'CoNNOR, ~vas .grven consent to -aadress tbe House for 20 out the word "1.'e\oking" and insert the wm·d " affecting," so .as minutes on the Battle ·Of New 0rleans. He is unavofaably de­ to read: .tained in Louisiann, ana I nsk that the order 'be vacated, and That the provisions of tbis act shall not be construed as a.ffecting I trust that the House will at some subsequent time permit bim any permit or valid existing right of way heretofore granted, or as to deliver i:he .address \Vhich, I -understand, he has ·prepared. affecting any authority 1leretofore ~lven pursuant to law, but any p-er- "''-T""'~ -son, association, corporation, ·state, or municipality holding or poe- ~ "-L'SION OF RE1\IABKS. scssing such permit, right uf way, o.r authority .may .apply for A license l\fr. FERRIS. 1\Ir. Speaker, I ask unanimous consent to hereunder, ancl ·upon such application the commission may issue i:o any have .Printed in the RECORD a letter from the governor of my: such applicant a license in accordance with the provisions of tbll! act, 'State, J. A. E. TI"b.ertson, tl""linrr Wl'th ·~-'he question of the r·cor·~· .and in such case th~ prov.isions of this act shall .apply to such ap_plicant . .v "'-• ~ LU as a licensee hereunder. ganization 'Of i:he 'Stnte militia. At the governors' conference The amendment wa·s agreed 'to. held in Utah last year he was nppointed, with one other gover- The n~'i: amendment was, in section 23, page 35, ·une ~3. :after nor -whose name I do not recall, to make an investigation of the the word " hereunde:r," to insert t'he following proviso: reorganization of militia, and this embodies the report. P?·ovided, That when applicntion is made for a license under tnh! s:ec- The SPEAKER. The gentleman from Oklahoma n.sks unani- tion for a project or projects already constructed, the fair value of mous consent to extend his remarks in the RECORD in the manner said project or projects, determined as provided below in this section, ind1·cated Is +-'1-.ere ob'J'""tion ?. [After· n p· ause.] m-...e Chn·r'r shaD for !he purposes of this act and ·of saUl license be deemed to be · W-L "''- "" .1...u ~ the amount to be allowed as the net investment of 'tb~ applicant in -such ' hears none. 1920. CONGRESSION .A:L RECORD-HOUSE. 1227

    POST' O'F.Ii'ICE AP"PTIOl.'RTA.TfON BILL. and piaudlts to \vhieh r think they are entitled' as leaders on Mr. STEE.l'ffiRSON~ Mr. Speaker, I desil:e to Peport the the respective sides of the Hom:e; they must assume the respon­ annual Post Office appropriation bill with a report thereon. sibility of caring for the RECORD and caring for the future prog­ The SPEAKER. The Clel:k will report thO' bill by title. ress of the House of Represent:rtives; and especially is that duty The Clerk read as follows : on the gentleman. from Wyoming. r agree thn.t these unanimous A bill (H. R. 11578) making appropri:l.tlons for the Post Office De­ consents ought not to be granted, but if we should grant them partment for the fiscal year ending J11nc 30, 1921, and for other pur­ in one case we ·will be forced to in. another, else we bring about poses. great friction. 1\fr. BLA.r~TOJ. 1\fr. Sveaker, I resen·e all points of order on Mr. 1\IONDELL. 1\fr. Speaker, having agreed that the gentle­ the bill. man from Louisiana should have the opportunity of discussing The SPE-~... KER. The gent1em.1 n from Texas rescrn~s all the Battle of New . Orleans, having agreed to the discussion of points of order on the bill, and it i~ referred to the Committee the Irish republic and discussion of the anniversary of the t of the Whole House on the state of the Union and ordered to be statehood of the State of Maine, I do not feel I can object to a Iprinted. discussion of the life and character of one of the greatest men' Mr. BLANTO~. 1\i:r. Speaker, I desire to prefer a unanimous­ in all time on the: anniYersary of his birth. 1 ' consent request. The SPEAKER. Is there objection to the request? [After a The SPE.AKER. The gentleman will state it. pause.] The Chair hears none. 1\!r. BLMTO:q. l\fr. Speaker, I ask un:mimous consent that should the same become necessary and it is not objected to by INDIAN APPROPRIATIONS. the minority leader, the distinguished gentleman from Missouri, Mr. SNYDER. l\1r. Speaker, I move that the HQuse resolve ~ there be held an all-night session in the city of Washington itself into the Committee of the Whole House on the state of the to-night in the interest of all the people of the United States. Union for the further consideration of the bill H. n. 11368. The SPEAKER. The Chair did not understand the request. The motion was agreed to. 1\Ir. BLANTON. Then I will withdraw it. Accordingly the House resolved itself into the Committee of EX:r'ENSIOS OF ltEM.iRKS. the Whole Hom!e on the state of the Union for the further con­ sideration. of the bill H. R. 11308, the Irulian. appropriation bill, 1\fr. KING. l\lr. Speake1·, I ask unanimous consent to extend with Mr . LONGWORTH in the- chair. my remarks in the REcoRD by inserting a resolution passed by The CHAIRl\IAN. The Clerk will report the bill by title. representatives of several counties of illinois, consisting of The Clerk read as follows : county superintendents of highways, chairmen of county boards, A l>ill (II. &. 11368) mah.1.ng appropriations for the current and con­ 'and chairmen of committees on State-aid roads, assembled in tingent C'xpenses of the Bureau of Indian Affairs, for fulfilling treaty conventioil at Quincy, Ill., December 5, 1919, on the subject of stipulation'3 with vurious Indian tribes, and for other purposes, for the fiscal year •mdlng June 30, 1!>21. Federal distribution of a11to trucks~ The SPEAKER. The gentleman from Illinois asks unanimous The CITAIR.\IAN. The Clerk will proceed with the reading consent to extend his remarks in the REcoxn in the manner indi­ of the bilL cateu. Is there objection_? [After a pause.] The Chair hea:rs Tl'le Clerk react as follows : none. For the construetion of five new pumping plants, including the sink­ ing of , installation of pumping machinery, construction of tanks PERMIESION TO .ADDRESS THE HOUSE. for U.omestic ancl ~1ock water, ~nd neces;ary structures for tbe. develop­ ment and distributlG-n o1 a supply of water for Papago. Indian villa.ges 1\fr. FESS. Mr. Speaker, I ask unanimous consent that on in Routhern Arizona, $35",000; for operation and maintenance of con­ February 12, after the reading of the Journal and disposition structed works for these villages, $17,000; in all, $52,000. :Of business on the Speaker's table, that 20 minutes be allowed to the gentleman from WashingtGn [1\fr. ·wEBsTER] to address MESSAGE FROM THE SENATE. the House on the life and charact~r of Abmham Lincoln. The committee informally rose; and the Speaker having re­ The SPEAKER~ The gentleman from Ohio asks unanimous sumed the chair, a message from the Senate, by Mr. Dudley, its consent that on. February 12 the gentleman from Washington. enrolling clerk, announcE?d that the Senate had pa ed with [l\fr. WEB8TER] be allowed to address the House for 20 minutes amendment the bill (H. R. 10137) to amend an act entitled "An on the life and cha:rac.ter of Lincoln. Is there objection? act to classify the offiy the Board of Enginee-rs of the United States .A..rmy in paragraph 217 been that we should make an exception of speeches on. the of its report to the Secretary of War' of February 14!, 1914 (H. Do:c.• anniversaries of great happenings. For instance, the gentleman I\.o. 791), $150,000, to be immediately available and to remain available 1 this until e::r.. endedr reimbursable as provided in section 2 of the act or 1 fi:om Louisi!l.Ila [Mr. O'CoNNOR] was to have spoken morn­ August 24, 1912 (37 Stat. L., p. 522) :Provided", That the limit of cost or ,ing on the Battle of New Orleans. The gentleman from 'Vash- the said dam and bridge fixed by the act of lUay 25. 1Vl8 (40 Stat. L., ington now desires to discuss on the Lincoln anniversary ma.t­ p. 56£3), is hereby changed from $250,000 to $-100,000. lters connected with the life and character of that great man, I 1\ir. :MADDEN. 1\lr. Chairman, I move to amend the lano-uage­ assume. on line 7, page 24, by striking out the words in lines 6 and 7, , Mr. FESS. The gentleman from Washington made no such "to be immediately available." ·request. The gentleman. from Ohio has made the request in the The CHAIRMAN. The. Chnir sustains the· point of order. interest of the country in the life of" Lincoln. That day is a lli. SNYDER. l\Ir. Chairman, the gentleman from Illinois 1holiday, and we will not likely adjourn, but certainly we would [Mr. 1\!.ADDE.."i] anticipated the chairman in that request. That not refuse to take a little time to consider the present-day Ies­ language got into the bill without the knowledge of the chair­ .sons of the life and character of that great man. man, who followed the bill as carefully as he knew how. We Mr. GARNER. If the gentleman will yield, I only dre·w the. ask to ha-ve the words· on page 24, beginning in line 6, after the attention of the gentleman from Wyoming to this matter for tile item of $150;000, "to be immediately available," striken out. reason I drew his attention the other day-for the protection_ ef The CHAIRl\l.A.N. The point of order has already been sus- "the RECORD. The gentleman from Wyoming has been selected to tained. lead on his side of the House. The gentleman. from Missouri l\Ir. SNYDER. I am striking out the language- . has been sel~cted as leader on our side of the House. These Mr. MADDEN. That strikes it out. onerous duties--and some of tiiem are very disagreeable--be­ Mr. SNYDER (continuing). "To be immediately aYailable long to those two gentlemen, and, if they a.re to have the honor and to remain available until expended." 1228 CONGRESSIONAL RECORD-HOUSE. JANUARY 8~ )

    The CHAIRMAl~. The Chair sustains the point of order made Mr. MANN of Illinois. Mr. Chairman, I move to strike out the by Uw gentleman from Illinois. . last word. We have been carrying this item in the appropriation The Clerk read as follows : bill, I think, for many years. Are they still proceeding to For completing the. construction by the Indian Service of a diversion purchase lands for the homeless Indians in California under the dam and necessary controlling works for diverting water from the Gila item or is this for the purpose of making improvements? River at a site above Florence, Ariz., as provided by the act of May 18, Hl16 (39 Stat. L., p. 130), $75,000, to be immediately available: Mr. SNYDER. California seems to be infested in certain ProL•ided That the total cost is hereby changed from $175,000 to sections with a lot of hopeless and homeless Indians who ought $250,000: to remain available until expenlled, reimbursable as provided to be cared for by the State of California itself, on the same by the aforesaid act of May 18, 1910. theory that the Seminoles ought to be taken care of by the 1\Ir. :MADDEN. Mr. Chairman, I make the point of order State of Florida itself., in the judgment of the chairman of the ngainst the words "to be immediately available," in iine 17, committee. But this amount has been carried in the bill for pnge 24. several years, and great pressure was brought to bear upon the l\Ir. SNYDER. That is agreeable. committee to keep it in, arul under such pressure we left it in, The CHAIRMA.N. The Chair sustains the point of order. believing that perhaps for a year or two, on account of the· 1\fr. SNYDER. 'Ve do not care to discuss it. hopeless conditions of those Indians, they should have this· The CHAIRI\IAl~. The Clerk will read. assistance. . The Clerk read as follows: 1\Ir. 1\fAl~X of Illinois. Mr. Chairman, I do not remember That the Secretary of the Interior is hereby authorized and the date, but I recall this item first coming up in the appro­ directed to make an investigation of the conditions on the Papago priation bill, and if I remember correctly we were told that Indian Reservation in Arizona, with respect to the necessity of con­ structing a road between Ajo and Tucson, across 8aid reservation, and probably with $10,000 they could provide sufficient homes to meet' to submit his report thereon to Congress on the first Monday in De­ the necessities of the case, and year after year we make the' cember, 1920, which report shall include a recommendation hY the same appropriation. Now, in the very nature of things, it is not s!lid Secretary as to what proportionate part of the construction of said road should be paid by the United States on behalf of the Papago one of those things that run from' year to year. If there are Indians. homeless Indians there for whom it is our duty to provide 1\fr. SNYDER. Mr. Chairman, on yesterday we passeu over homes, we ought to do it. If there are not, we should stop it. the item on pages 15 anu 16, referring to heirship matters, and Mr. SNYDER l\lr. Chairman, I will say to the gentleman I desire to take that up now ancl ask unanimous cousent to that we cut in t"o the appropriation of last year. Where they return to those pages to complete the section with regard to the had $20,000 last year we are giving ~;hem only $10,000 this year. matter contained therein. Mr. l\fANN of Illinois. My impression was that it started at The CHAIRMAN. The Chair thinks unanimous consent is $10,000 some years ago. not necessary. Mr. CARTER. It did. Mr. SNYDER. I desire to offer a committee amendment, Mr. SNYDER. 'Ve hope to cut it out next year entirely. which was presented, pending the point of order r:tised yes­ Mr. l\lANN of illinois. 'rhe truth is we give certain Indians terday. their lands, and let them "squander them, and let the people Of Mr. 1\IADDEN. L\lr. Chrurman, a point of order was reserved the States get them away from them, and after that is done we on the amendment, and before the amendment is offered the proceed to buy more lands for the Indians. It is an endless point of order would have to be •v~thdrawn. · chain. The CHAIRI\'IAN. As the Chair understands, the point of Mr. SNYDER. Let me read this extract from the statement order was reserved, and tmanimous consent was given to pass furnished by the Indian Bureau: it over. Prior to 1913, there had been expended $144,470.45 in the purchase of 6,420 acres of land iu behalf of 3,291 landless Indians of California. 1\fr. SNYDER. The point of order was reserved, and the gen­ Between 1913 and the beginning of the present fiscal year there had tleman from Nebraska [Mr. EvANs] has presented an amend­ been expended $16,231.59 in the purchase of 1,317 acres for approxi­ ment to the committee, which is agreeable so far as the commit­ mately 1,082 Indians. This makes a total expenditure of $160,702.04 for the benefit of approximately 5,003 Indians. At the close of the tee is concerned, and which it is willing to accept. fiscal y(:'ar ended June 30, 1919, negotiations were pending for the pur­ 1\fr~ EVANS of Nebraska. And the reservation of the point chase of three separate tracts, involving a total expenditure of $15,U50. of order is withdrawn. One of these purchases has been fully consummated, and it is believed that the other two will be completed. The records of this office show The CHAIRMAN. The Clerk will report the amendment. that the per capita expenditure for land purchased for the landless The Clerk read as follows : Indians of California is about $15. There remain about 2,600 homeless Page 16, line 13, after the words "as herein provided," insert the Indians to be provided for, and upon a per capita basis of $15 each it following: "Provided. fu.t"ther, That in the absence of any good-faith would require about $39,000 for laud alone, without any margin for contest on question of fact material and relevant to the determination expenses and incidentals. It is estimated that the appropriation asked of the heirs of an Indian decedent, no fee shall be charged against for will meet the requirements of less than one-half of the fiomeless the estate of such Indian decedent under the provision of this para­ Indians, leaving the others to be provided for by future appropriations. graph unless final order de~ermining the heirs of such decedent shall have been made within one year after the death of such decedent, and We gave them one-half of what they asked for. if such decedent dies subsequent to June 1, 1920; if such decedent 1\fr. :MANN of Illinois. Do I understand that you can buy a dies prior to June 1, 1920, then such final order must be made prior home in that great State of California for an Indian and equip to May 1, 1921, or no fee shall be chargeable against the estate it for $15? I did not suppose you could look at anything in of such decedent." California for that small amount of money. The CHAIRMAN. The question is on agreeing to the amend­ Mr. ELSTON. 'Ve have an unusual range of land values ment. there, running from $15 up to $15,000 an acre. Mr. l\IANN of Illinois. Where is it proposed to insert the Mr. 1\IANN of Illinois. No; $15,000 is a small sum to be ex­ amendment? pended in California for a home. The CLERK. Page 16, line 13, after the words " as herein pro- Mr. SNYDER. We feel that that item is justified, and we vided." would be pleased to see it left in the bill. But we are willing Mr. BEE. l\Ir. Chairman, I would like to strike out the last to agree that after next year we shall try to cut it out entirely. ~ord to ask the gentleman from New York a question for In the meantime the State of California ought to be forced to information only. Why do the provisions of this paragraph take care of jts own paupers, and every other State which has exclude the Osage and the Five Civilized Tribes of Oklahoma? helpless Indians ought to be compelled to pick up and care for .Mr. SNYDER. Because the affairs of this kind are taken them, the same as any other State cares for its helpless and care of wholly by the courts in the State of Oklahoma by treaty homeless people. It will be much more difficult to get through arrangement. an item of this kind next year than it is this year an

    the facts nncl am1reciated the conditions be would probably not treaties entitled them. The Indians o'f these other States hold lw so seYerc in his strictures about this situation in California. reservations, and are wealthy, even more so on an average than .'\.s a matter of fact the appeal that the Indians in California the white people. These treaties ought to be disposed of, and can make to the National Government for gratuity appropria- ·these Indians ought to be given the rights of which they have tions is stronger than the appeal which can be made by almost so long been deprived. any other group of Indians in any other State. Strangely The facts relative to these homeless Indians in California enough, the California Indians, when the whites went there, ought to be presented to the Committee on Indian Affairs ot the were not looked after as the Indians were looked after in other House and Senate, to the end that Congress may know what States. The Indians elsewhere were accorded by treaty rights belongs to these Indians. It will be found upon an examination lands \ery yaJuable and tremendously rich, under which now of the facts that after taking out every dollar that this Go\ern­ they are enjoying prosperity. In California similar treaties ment has expended in their behalf in the way of building a few were negotiated, but by some unfortunate e\ents they ·hR'e never schools, in the way of superintendence, even charging them up be<:>n ratified, and the California Indians were never provided with the cost of superintendency, there is about $10,000,000 or for; and since 1848 they ba\e been wandering, homeless, un- $15,000,000 belonging to these Indians in that State which the cared for, and penniless, and only recently has the United States agents of this Government stipulated that they should have, but · Go\ernment gi~en them any· material aid. A total appropria- which up to this time has not been granted to them by the Gov­ tion of a little over $100,000 has been- made to· provide them ernment. with homes, principally upon large tracts of land which can be Mr. KNUTSON. l\Iay I suggest to the gentleman nom Cali­ managed in the form of colonies. I maintain that we have no fornia that "Objection to this item in the bill has been with­ apologies to make for asking of Congress this very, \ery inconse- drawn? . quential item of $10,000 to provide homes for wandering bands 1\lr. RAKER. I am not talking about this item in the bill. of Indians who once owned that tremendously rich country, and I am calling attention of the House to the injustice which is who were neYer accorded the rights in that country that they being done to these Indians in California in withholding from were entitled to. ,them that which righ:tfully belongs .to them. . 1\Ir. CRAMTON. 1\lr. Chairman, will the gentleman yield? lU.r. :OEE. WJU:. the gent1etp.an,from California ask the gen- .dr. ELSTON. Yes. tleman frol.ll Ohio [Mr. FEss] how tO resurrect these treaties 1\Ir. CRAMTON. Can the gentleman say _whether these home- that have been bu:ded over in the Senate? .less Indians are the Indians whose reservation we recently l\Ir. RAKER. We have got onto it lately, and Dr. FEss ·will turned o'er -to the city of San Diego under certain agreements? help us. Mr. ELSTON. I can say positively that the Indians that the Mr. FESS. Will the gentleman yield? gentleman refers to are not included among these particular I 1\lr. RAKER. Y~. Indians. And I think the gentleman is a little wrong in his Mr. _FESS. Have these treaties been rejected by the failure ~ statement that the homes were taken away by ceding the land of a two-thirds vote? :to the city of Sn.n Diego. Mr. RAKER. No; they have not been rejected at all. ~ 1\Ir. CRAMTON. We authorized the city to take it over for 1\lr. FESS. · Then they are not buried. water-supply purposes, on the understanding that other homes Mr. RAKER. No; they are not dead, but sleeping, and I ; would be furnished them. Seeing this item of Indians in Oali- know Dr. FEss will assist us in getting these treaties con~idere

    Mr. s~--yDEH.. On the contrary, this prons10n will force school capacity of nearly 2,000; that is one-third of all the pupils the department to pick up the children and put them into these who now attend. Does the gentleman think that .for the pur­ school-:; in order to keep the schools in existence. pose of making it more convenient for the few pupils that that l\lr. RAKER. I move to strike out the last word. I looked tremendous unused capacity should be ignored? into this matter, and I came to the conclusion, and I believe yet, Mr. RAKER. If there is an unused capacity, that is one that they ha>e more than 100 pupils and therefore the school thing, and a used capacity is another. I am speaking of the will not be abandoned. If I am wrong about it, of course I schools that m;e filled to their capacity, tl1at are properly used; will have to go oyer to the Senate in order to get that language the same kind of teachers teach the Fort Bidwell School that amended if possible. I have teen familiar ''"ith that school in teach schools at the reservations. They have the same kind the neighborhood of 25 years. Now, I want to say one word fur­ of a matron in charge of the pupils at Fort Bidwell as they do ther. The gentleman says that the pupils of this school will be at the large schools. I have visited them and I know what I provided for. Riverside is in the neighborhood of 700 miles am talking about. The man that has charge of the blacksmith from where the pupils live. Their parents live within 3 to 10 shop at the small school has the same experience and is a bet­ miles of the Fort Bidwell School. They have lands and homes ter blacksmith than at the large school, for at the large school upon the lund. Three-quarters of the children can stay at home he is simply·a superintendent. At the Fort Bidwell School tll.ey or go home on Saturdays. teach· children to become real blacksmiths, farmers, and so Mr. CARTER. Will the gentleman yield? forth. l\fr. TIAKER. I will, for a question. l\fr. SNYDER. I desire to know what the gentleman is driv­ l\Ir. CARTER. If they are that near the school, why should ing at. The question of the elimination of tll.e schools was not the school be made a day school instead of a boarding passed some time ago. school? l\Ir. . RAKER. No. l\Ir. TIAKER. Because it is all right us it is. If you take Mr. SNYDER. And the gentleman's argument should have into consideration the benefits to the Indian, if you take into con­ been made at that time in regard to this matter and not now. sideration the fact that you are trying to give him some real 1\fr. RAKER. That is true, but this is the first opportunity education, you will sustain these small schools. You can not that has come up. give him the same education in the large school that you can Mr. SNYDER. But we must confine ourselves to the regular at the Fort Bidwell Schcol.. You can not make him any better order of the bill, and therefore I demand the regular order. citizen in a lnrge school than you can in a small school. 1\fr. RAKER. I have a minute left, have I not? 1\Ir. S~YDER. Will the gentleman yield? The CHAIRMAN. The time of the gentleman from Califor­ Mr. RAKER. Yes. . nia has expired. Mr. SNYDER. The gentleman knows the committee ap­ 1\Ir. CARTER. 1\Ir. Cbairman, I rise in opposition to the preciates the fact that this will receive opposition from every amendment. We all know what an active Member of this body Member in the House who has a school in his district, without the gentleman from California [Mr. RAKER] is. I want to con­ regard, in most cases, to whether or not it is the economical gratulate the State of California upon having one of the most thing to do, 'vhether or not it is the right thing to do, whether active, vigorous, and importunate Representatives that there is or I].Ot it is in line with economy for the Indian, or whether it in the Congress. I think there is less reason for the school that is in line of better care and education of the pupil. the gentleman has been discussing being carried in this bill than Mr. RAKER I only yielded for a question. almost any school in the bill. The gentleman and I are good l\!r. S~lYDER. We will give the gentleman more time. The fTiencls, but we have always disagreed about this school.- But gentlemau must know that there is absolutely no comparison as for the activities, the vigilance, and the intelligent pursuit of to the education given the scholar at Riverside as compared the gentleman from California, perhaps this school would never with the school at Fort Bidwell. The gentleman ought to have been carried in the- bill at all. The gentleman from Cali­ know, further, that the cost of maintaining the school at Fort fornia says this ought to be a boarding school, because that is a Bidwell is $100 per capita more than it is at the ·large school. better school for Indians than a day school. A great many of Mr. RAKER. I want to say from personal observation-and us take issue with him upon that, a great many of us who have I have visited the Riverside School from the blacksmith shop given close study to Indian schools, not only on account of the and the cow shed through every room in the building, and I increased expense of boarding schools but for the reason that the -have been through the Fort BidYv·en School and other schools in Indians actually in many ways get more benefit from a day Oregon and Nevada-that the Jndian who attends the school at school than from a boarding school. In a day school the In­ Fort Bidwell becomes a better Indian, receives an ·equal educa­ dian child goes back home every night to its parents, an

    Mr. '\V ATSON. Mr. Chairman, I move to strike out the last Chairman, comes too' late, but, however, I want to call the atten- 1 word. I notice in this paragraph that $10,500 is appropriated tion of the chairman to this fact. The engineer writes me that for the construction of a road. In New York State, as well as for the same· amount of money he can secure much better result in Pennsylvania, as tlle chairman of the committee well knows, if the work is continued in the spring than in the fall. · In addi­ we can not construct half a mile of road for that amount. I tion to that the Indian labor that is employed in constructing appreciate that California is not within the frost district. Will this road is engaged in seasonal labor beginning along in July the chairman explain the construction of the road and the length and continuing until fall, and the extra supply of· labor· is avail­ to be built for the amount appropriated 7 able in the spring and not in the fall. So it makes a material Mr. SNYDER. Tl1e nature of the construction of all those financial difference if this work can proceed in case the bill does roads is entirely different from that which would be known as go through. a " State or county road" in either the State of Pennsylvania or Mr.' RHODES. The gentleman spoke of the engineer having the State of New York.' It is not much more than a trail. It is charge of this. Is tltis the engineer who has charge of the con­ more of the nature of a good sand road. They go through and struction work of the Indian Bureau? cut down the trees and pull out the stumps and make a reason­ Mr. LEA of California. No; he is a local man. able road over which light traffic can be conveyed. 1\lr. RHODES. Unuer whose authority? Mr; WATSON. ·It is wide enough for an automobile? l\Ir. LE... ~ of California. He is employed through the depart­ Mr. SNYDER. Yes. This is a full-width road, mid this ment. appropriation is to· conclude ib:i construction:·· Certain moneys The CHA.IRMA.J."'\. Does the gentleman from New York in- have been appropriated, and this is simply a sufficient amount to sist upon the point of order? complete the construction. 1\Ir. SNYDER. I insist upon the point of order. Mr. WATSON. How many miles? The CHAIRMAN. The Chair sustains the point of order. Mr. SNYDER. Twenty miles. The Clerk read as follows : l\fr. WATSON. For $10,5007 8Ec. 4. For relief of distress among the Seminole Indians in Florida, 1\fr. SNYDER No; there was a previous appropri.ation of and for purposes of their civilirhation and education, $15,000, inrluding the construction and equipment of necessary buildings. $10,000. ' < 1\fr. LEA of California. 1\.fr. Chairman, if the gentleman will Mr. MANN of Illinois. Mr. Chairman, I reserve the point of permit, I am familiar with this road. The distance covered is order on the paragraph. Under this provision is the gentleman 12 miles, but the difficult portion, so far as the construction is from New York able to say what it is proposed to do in the way co~erned, is 6 or 7 miles. A remarkable success has been had in of com;truction of buildings? constructing this road. As a matter of fact, the road has been 1\Ir. SNYDER. l\fy understanding is that about four years constructed at one-third of the pri~e of road operations in this ago the gentleman from Florida [Mr. SEARS] began tl1e proposi­ community. I have pictures of the road in my pocket, which I tion of taking back in under the enfolding and outstretched would be Yery pleased to show the gentleman. arms of the Government a few Seminole Indians down in 1\lr. WATSON. ·Is the road being constructed under contract Florida. or by the Indians? 1\!r. !\!ANN of Illinois. Well, I think it commenced earlier l\Ir. LEA of California. It is being constructed by day labor than that. under the superyi ion of a very competent practical engineer. Mr. SNYDER. Well, he was the man who really forced the l\!r. WATSON. Do the Indians work on the road? issue and got the first appropriation in the bill. · That is my Mr. LEA. of California. They do. The work is performed by recollection in the five years that I have. been here, and that Indian labor. I have ·an amendment that I desire to offer in this is the third or fourth appropriation which has been made reference to it, which I will be glad to explain. for that purpose. They have now succeeded, I think, in getting 1\.fr. •WATSON. Is the road sufficiently well constructed for a superintendent down there, and a matron, and they propose tlle use of automobiles? to build a schoolhouse and some buildings. · l\!r. Sl\TYDEU. No; except possibly for a Ford. Mr. RHODES. And a hospital? l\Ir. LEA of California. This is·a mountain country, but you Mr. SNYDER. Yes; a hospital; and it is the intention to can go on it with any automobile made. erect down there a full complement of buildings the same as Mr. SNYDER Unless it is a wet day. they would have in any reservation of this sort. But my judg­ 1\fr. LEA of California. This is largely· a rocky country, but ment is, as it has·been all along, that it is not proper legislation the road is constructed most of the way on a 3 per cent grade. and ought not to have been enacted in the first place. It was Mr. S~TYDER I am very glad the gentleman can· give some started and some money has been spent. It is contrary to what information about this, because we were.unable to get from the I believe should be done. I think when Indians have been dis­ hearing very much enlightenment except that a certain amount charged from the Government and have no longer any right of money had been spent and this was required to finish the road. uuder the Government of the United States except as any other Mr. LEA of California. Well, they h'ave had great success citizens they become part of the State in which they reside, and with the road. the State should be forced to take care of its own poor; whether l\fr. WATSON. I withdraw the pro forma· amendment. they be Indian or white. Mr. LEA of California. Mr. Chairman, I offer an amendment ::\fr. 1\fANN of Illinois. l\lr. Chairman, doubtless ·the gentle­ to this section. man from New York speaks from some sort of record, and it may The CHAIRMAN. The Clerk will report the amendment. be a correct record, as ·to how this item · got into the ·bill and The Clerk read as follows: when. However, my recollection is not· in accordance with the Page 26, line 8, after the figures " $10,500" insert "to be immediately statement, quite. I think the first item for the Seminole Indians available." occurred in the bill several years ago for $5,000. 1232 CONGRESSIO AL RECORD-ROUSE. JANUARY 8,

    . Mr. SNYDER. The Seminoles of Floridn? 1\.Ir. TILSO~. I note in the disbursements of the fiscal year 1\Ir. :MANN of illinois. Yes; that is the only place they a.re; 1919 there was a little o-ver $8,000 disbursed. The bill of last but the first time it occllrred I think I made a p-oint of order year curried $20,000. We have not yet a statement as to the on it. I do not remember whether the point of order was sus- disbursement under tlw.t law, but it seems that was quite a ta.ined or overruled, but there was quite a contro\.ersy over it, growth in one year, from $8,000 in 1919 to $20,000 in 1920. .and this item, ou one like it, has been carried in the bill l\Ir. ~YDER. Of course~ I am following the adv-ice of gen­ for some years and has been increasing. There is not the slight- tlemen. that they were only getting started under the 1919 up­ est excuse for it. It is doing no good'. When tbe first appro- propriation, and they are getting further under way this year. · priation was made they could find no way to spend it on the There will be less snrplus when the year is over, but we have Indians. I do n()t think they have ever spent any of it on the reduced the estimates this year from $20,000 to $15,000. Indians. Of course, they can employ S()rne good white citizen , l\lr. 1\IANK of.lilinois. Now, Mr. Chairman, notwithstanding to go down there and be paid a salary, and they could construct my friend from New York, I venture to say from recollection buildings whet~er any Indians ever saw them or not tha:t this item firSt appeared in the Indian appropriation bill These Seminole Indians quite li'9'e unto themselves. A few of nearly ~r quite 10 ~ears ago. It probably has been carried every them :l.l'e guides ~nd spe;tk English and giv.e some aid to visitors year since, in so.rne form or other. And during all that time to Fl()l'ida in the Everglades. Most o:f them live baek it;l the whatever money lias_ been -. e.x:pended has been simply wasted. Everglades, and will hav-e nothing whatever to do with the Nothing has been accomplished so far as the Indian-s are con­ white people, and they do n()t want to have. They live very cerned. well. The excuse was made at first that because the Everglades 1\~r. HASTINGS. That is not the fault of Congress. That is were being drained we were preventing these Indians from mak- the fault o£ the administrati()n. ing a livelihood. The lndians are not to blame. They are not :Mr. MA~ of lllinois. No; that is the fault of Congress asking for this. They have resisted every effort of the Indian seeking to direct the Indian Office to do something which they Serli much back. The chairman has been opposed to it all the way through, over appropriating the amount as it was as to giving authoriza.­ and I would like to read a short section showing the position tion to the bureau to do certain things which they had not been I took iil the investigation before the committee when this-appro- permitted to do before. priation was being considered. I sri.id: 1\fr. SNYDER. They have just gotten a fair start. This is the most ind~fensible item in the bill, in my judgment. It is l\lr. l\fANN of Illinois. They have not done a thing. Now, I a m,tall thing; it" hae ~en ~fted onto us in the last three or four understood my distinguished friend yesterday to say that he had years-when I say "grafted ' I do not mean " grafted " so far as any read the recent report of the Board of Indian Commis ioners? particular party is concerned. But. he+e, Mr. RHODiilS, is a case where we actually picked up a remnant of a tribe Of Indians who had been Mr. SNYDER. Yes; I have. without the care of the Govei'Dil1errt for-I d6n't just remember how Mr. 1\-lANN of Illinois. Well, if he has, he must have mlsreall many years now, but 80 or 90 years~and because they were a roving t.Qe report of the c-ommissioner who went to Florid!l and made band of poor Indians. paupers of the State of Florida, for whom Florida an exa•"';"ation of this snbJ'ect, anr~ startlin.!? to say, the tin- would do nothing except give them a lot of land ID the jungles, we I..U.UL ....., ~ went down a.nd again took them back into the arms of th~ Govern- pression I derived from reading the report of the gentleman­ ment, and are now starting a system hexe which will probably contillue I do not recall which commissioner it was who went to Florida- for all time. was decidedly ngainst the futile effort of the GDvernment to Mr. JUAl\'N of Illin{)is. Now, I would like to say to the take possession of. these Indians. As I recall, the impression gentleman that I was not here two years ago when the Indian at least was that his judgment was that the Indians ought to bilL was under consideration and was not he.re a year ago be left to themselves, where they were much better off than when it was under consideration. While I do not like toques- , they would be in trying to be dragged around by the Indian tion what is being read from the book nnd set my own memory Service. up against it, I feel very confident that I have been here on Mr. SNYDER. The Indian commissioners and myself abso­ several occasions when this item was in the appropriation bill. lutely agree on ·the matter. .And my statement in the inv-estiga­ So I venture to say that this did not appear in the bill three tion will show that I agree entirely with them on that. I did years ago. not go to Florida and did IlQt see the situation, but I wns in:flu­ . l\lr. S:NYDER. I think if the- gentleman will look it up he eoced by the Manbers who went to Florida and who agreed \\ill find that it did. that some appropriation should be made. 1\fr. 1\IANN of Illinois. I am sure if my friend from New 1\fr. 1\fANN of Illinois. I understand that the 1\!embers who York will look it up, he will :fintl that I am right. went to Florida did not see any of these Seminole Indians, Mr. SNYDER. I am always willing t() accept the superior ! unless it was a few acting as guides. judgm&nt of the gentleman from Illinois. Mr. CARTER. Mr. Chairman, before the gentleman from 1\ir. LITTLE. Will the gentleman permit me to ask him a Illinois [Mr. l\IANN) makes the point of order, I would like to question? have a few moments. l\lr. SNYDER. I will. The CHAIRMAN. Does the gentleman from Illinois reserve Mr. LITTLE. Years ago during a similar discussion we were ' his point of order? told that one of those Seminole boys had been given some educa- :Mr. SNYDER. I understnnd the gentleman has reserved it tion. How is he getting along? but has not made it. Mr. SNYDER. I can not giye the gentleman any ln:forma.tlon' Mr. MANN of lllinoi . Yes. about that one pru:ticular boy. I doubt very much whether' they Mr. CARTER. l\Ir. Chairman, the gentleman from Illinois did not make a mistake and got an alligator in place of a. boy. 1 [Mr. MANN]~ as usual, i correct about his statement of things There are more alligators in this 100,000 acres in Florida. than that occur in the House. Without any flattery, I want to sa.Y, there are Indians. that I have often marveled at the information which the gen· 1 l\fr. LITTLE. This was the only

    study to matters in my home State and district, having had a of land from Florida nnd" give it to t11e Seminole Indians. knowledge of them to start with, having given what I thought After we had finished the im·estigation at Jacksonville I thought was intense study to the matter, and then when the proposition that impression ought to be corrected, and I had the mayor of carne up on the floor of the House I have been astounded to the city call in a reporter of the leading paper, and I gave him . have the gentleman from Illinois tell me something about that an interview, in which I stated that those people had better matter that I had failed to look up, information which I was get that idea out of their heads; that the Federal Government not at that time in possession of myself. His career in the had no notion of buying land from the State of Florida to give House has been marvelous. I have wondered, as every other it to the Indians; that the Federal Government had trans· l\Iember has wondered, at his marvelous collection of data and ferred its public lands in that State to Florida; and that if facts, and. the wonderfully retentive powers of his memory the Indians had any claim against anybody for any land on after he had accumulated those facts. which to live, it was against the State of Florida and not The gentleman now makes a statement about the Indians in against the Federal Government. I did state, however, that so Florida. I went to Florida in 1917 as chairman of a special far as my feeble ability went as a l\Iember of Congress, if the committee and made an investigation of the affairs of the State ever undertook to furnish land and the matter came up in Seminole Indians. Knowing about some of those things, as I Congress, I would give my support to some kind of proposition do, it is not strange to say that one listening to the statement for educational facilities, and so forth. I think Congress is just made by the gentleman from Illinois would think that not under an obligation to do that. I, but he, had been chairman of the committee which obtained 1\fr. RHODES. l\lr. Chairman, will the gentleman yield that information, because he has stated the facts exactly as there? . they are. l\Ir. CARTER. In a moment. After I came back to Washing­ The Seminole Indians in Florida are the most primitive people ton I began to get letters from people in Flprida who wanted in the United States to-day, I believe; yet they are people of me to retract that statement. · strong character. The very fact that they have lived right But I had letters also from some persons who were very up against the white man for generation after generation and much interested in the Seminoles, telling me that if I stood by yet have refused to take on the white man's civilization, have that statement-and I had no idea of retracting it-the Legis­ refused to accept his religion, have refused. to have anything lature of the State of Florida would donate these lands to these to do with his mode and manner of life, speaks in itself for their Indians, but that othenvise it might never be done; that the strength of character. undP..rstanding to the effect that the Federal Government was What the gentleman ~ays about the Indian Bureau being not going to purchase the land and pay Florida fo:~; it had had unable to do anything for these people is also true. When our the effect of inducing more members of the Legislature of committee made its trip to Florida in 1917, I think this appro­ Flori

    l\Ir. WA-TSON. l\Ir. Chairman, I "Want to inquire llow much> Mr.. SNYDER. Let us go ::Llwml and sec·what it is. of that item of $80,750 is for the pay of the superintendent? l\fr~ ELLSWOR~H. Mr. Chairm:m, I offer the foHowing _k, SNYDER. The pay of the superintrmdent is $2,000 a.. ye:u:. amendment to the s conn jhst ~:oad. l\l'r. W ATSO~ . What iB the balance fo1'"'! 'lllie Clel!k read us follows:

    l\Ir. SNYDER. Tile balance is the. negular support of. the On page 31:, at: the end of line 31 adn the following: number of children, prorated on the basis of the average attend- "Pr.ovidecl, That all of said appropriation, togetheT with one-third 't ~ th h 1 ot. the funds arising under section 'T of. tlle act of. January 14 188!} (25 ance o~ tli e capaci Y or. e sc oo · Sfut. n., 04'3), and set aside by said· act- of 188!>, excluslvei:v for tho 1\lr. DUNBAR. I want to ask the· cllaimnan• at the· committee 'estnlllisliment and maintcmn.nce of' a system of free schools among said wh~ it is that so much money per pupil is· requtied for edUca'- Indians,' shall be expended under the direction of the Secvetary of the 1io i I ti th t th t to $?25 d · InteriOl' in aiding in the establishment and maintenance of public schoola na · purl)oses. no ce a e•sum amoun S - ; an lR Iin connection with, and under the .control of, tile public-school system of some cases $375, per pupil. In K::tnsas 750 pupils cost $207.,000. the State of Minnesota at places where such schools are needed tor the In· l\liahigan the cost of the education of 350 pupilS is $120;750. oroner education of Chlpnewa children." • 'lJhnt makes the a"Verage something like 360, per pupil~ which :nfl': ELLSWORTH. 1\fr. eh..'l.irman,. the· purpose of thiS seems to me to be an ex.orbitant amount. What" are the condl~ J amendment is to ncquire tlie Indian Bureuru to use the funds tions thut make tiie cost of educating· theYay; Wlth. the supormtendent and these other em­ understanding or ae-reement to be allowed. to offer one amend~ ployees- lie speaks of?. ment after we hav: passed beyond line 9, page_ 31, and com-e· ~.t:r; ~SWORTH. No,;. no~ at all. The su~erinteuden.t' is back to· it after f.b.e other Minnesotu. it-ems have· been finished. pa~d- out of t1ie general ~d, JUSt as the. superm~endents are· My purpose is that if these other& can be truken up· first and ha'V.e Pllill out of: general funds m all1 other agenCies· n.:ffucting ali' other t'hem disposed of it may save the time of offering the othe-r; and tribMes. 1'\.'rUT"\TI!n M Ch . r: " . tl explaining it.. r. 8h..LJ.J~ r. at.rman, aa!Ve no ObJeC 011 to- the Mr. SNYBER!. Does tlie amendment increase the amount amendi:nenu.. . . . · appropriated or decrease it 7 The CHAIR~UN. The. que tion IS on tl1e amendment" otrer:ed: lli. EhLSWORTH. Some to be offered wil\1. be to decrease. by the gentl.eman from.l\Iinneso~n.. m· cut out the n.moun t to be taken r.uom. the tribal fund· andl an- The_ question was taken, and tlie amendment was agneed. to other will ask that an amount tie taken from the tribal funds ~he Clel!k read as f.ollow.s: wliicll. ha · heretofore been taken f:r.om them. but has' been left The Secretary of the rnt~rior is liereby authorized to a.dva'Tlce to tbe out in this bill. Taking them all together, they- wilt decrease I ~ie;~~k cn~m;~eo~f~iho~JV~~t~o~~h~~c~f ish~~~';e , ~:~~!r~n the amount of money to he expended from tlie trihal! fimds and I to be. expended in the an'nuai celebration of snicf liand to. l.le lield Jm:ui from the Treasury,. not affecting those in the_ Treasury, and will' 14, 1920; out of the funds belonging t<> said band. eliminate bul'eau control in the future and establish the Indiuru 1\1r. EEESWORTH. 1\fr. Chairman, I moYe to strik-e. out th~ on his own responsibility. · last word, and I do so for the purpose of proposing at this time. Mr. SNYDER. Would the gentleman. be willing to pnesent that. we be allowed to return to line 9, page 31, for tile purpo e his amendments in sequence, without de.lJate, and after' the of offering an amendment, after amendinents have been offered amendments are all in agree to a time fm; discussion? tu tlie third paxa.graph on tb.iS page and the second' one on the Mr. ELLSWORTH. I would prefer to offer the first amend- n:e:rt page. By so doing logically we can discuss the others, and ment. I! can not speak for other members of the delegation who then without further explanation can see the necessity for the may have some other amendments to offer; but, so far as 1 know, introdUction of tl:le amendment to be o1fe1:ecl later. there are nGne contemplated which would affect these items in Mr. SNYDER. "\Vhat is the objection. to this particuiur pura­ the bill. That being the case, if the chairman an:d Membe:rs do. graph that has just been-read? Why not permit the Indians to not object, I would like to offex the amendment to the section spend $1,000 of their own money on a celebration. w-hihl1 they just read and follow that with a motion to str11m out the fourth have had for yeru·s. paragraph. Mr. ELLSWORTH. There is no objection at niT to· that. The Mr. SNYDER. I think we had· b~tter proceed' in the regular gentleman misunderstands my purpose. I fu:tve made tlie pro way and let the gentleman offer his amendment to the section forma amendment merely. to make the statement lliat l would referred to and see what comes of that. . Iili:e to- introduce later another amendment at this poil1t. J\lr. ELLSWORTI:I'. \Vould the gentleman have any objection 1\lr: SNYDER. The gentl~man is not seeking to amend this to allowing us to pass line 9, and then• go back-- paTticulaT paragraph? 1920. CONGRESSIONAL RECORD-HOUSE. 1235

    1\ir. ELLSWOUTH. No. concerned. lt would be difficult for the bureau to particularize 1\Ir. SNYDER. I have no pbjection to going ahead upon that just where this money was to be spent. understanding. Mr . .ELLSWORTH. Let me ask the gentleman how much was The 'CllAffiMAN. Does the gent1eman from Minnesota de- spent out of this fund 1ast year. sire to prefer a request for unanimous consent! Mr. SNYDER. We can give that to the gentleman in just a l\1r. ELLSWORTH. Yes; 1 asK: -unanimous consent to return moment. to line 9, page 31, after finishing the Minnesota items, for the 1\fr. CARTER. While that is being done may I ask the gen. purpose of offering an amendment at that point. tleman a question? · The CHAIRl\IAN. The gentleman asks unanimous consent 1\Ir. ELLSWORTH. Yes. that he be permitted to return to line 9, on page 31, after cer· 1\Jr. CARTER. \That is the language the gentleman prqposes tain other sections ha\e been agreed to. ls there objection·? to strfke out? ' There was no objection. 1\Ir. ELLSWORTH. It is the fourth paragraph on page 31. The qierk read as follows: Mr. DEMPSEY. Mr. Chairman, will the gentleman yield? The Secretary of the Interior is hereby authorized to withdraw from Mr. ELLSWORTH. Yes. the Treasury of the United States the sum of $20,000 of the .tribal funds Mr. DEMPSEY. Twenty thousand dollars would only build of the Chippewa 'I1ldinns of Minnesota, and to expend or p.ay the 'Same, b t 1 'I ~-~' d uld 't t? under such rules and regula'tions as lie may prescribe., for the ~ onstruc- a ou IDl e V.L roa • WO 1 no · tion and repair ·of Toads on 'the Chlppewa and ceded l'llcl.ian reserva- .l\1r. 'ELLSWORTH. Of ordinary surface road. I presume tions in the State of Minnesota. that it is contemplated that this might be to repair ordinary Mr. ELLSWORTH. Mr. Chairman, I mo"Ve to strike out all of turnpike dirt roads; I do not know. lines 14 to 20, inclusive, being the fourth parag1·aph on page 31. Mr. DEMPSEY. What would that cost a mile in 1\Iinnesota 1 The CHAIRl\tlAN. The .gentleman from Minnesota offers an 1\Ir. ELLSWORTH. In some of the Indian country you could amendment, which 'the Clerk will .report. · build a mile of dirt road for $10,000, I presume. The Clerk read as follo'WS: lli. RHODES. The gentleman is aware that this same rr>nge 31, strike but tines l4., l15, 16, "17, 18, lD, and 20. amount was appropriated last year for the same purpose? l\Ir. EL-LSWORTH. Exactly. J..:nd appropriated now because :!Sir. ELLSWORTH. l.lr. Chairman, my understanding is that it was appropriated last year. l:'he }Jl'inci'pal reason that this item is included in the bill is be. Mr. SNYDER. Here is the justification for this item: cause it was included in the bill providing .appropriations for the The 'Chippewa country comprises six different reservatioru!, Witb a llast fiscal year. There is not any -specified place where this road total area of 1,089,637 acres inhabited by 11,839 Indians. one of the is to be built. It is not to be built on any particular reservation, greatest needs of these 1·esenations is better road racilities, anecause it time this appropriation '\'vas made, and it is now in the bil1 simply gives me an opportunity to explain something whidh I 'think becallSe it was in the bill before and gives the department $20,000 ought to be explained to this House. .so far as tbe State of more to eJ...~end and keep these Indians unde1· the sm·veillance of Minnesota is concerned, you can not tell when you .get into the the 'bureau. · ·Indian country and when you get out of it. You can not tell l\Ir. CARTER. The gentleman was a membel' of the Com· when you get onto [ndian reservations. lPel.'haps four~fifths or mittee on lndian Affairs and -the gentleman knows what a time five.sixths of the farms on the Indian reservations for which the Committee on Indian Affairs has had in resisting the e:s:· we are appropriating are '()Wiled by white men, .and once in .a :penditure of tribal funds for roads. The pressure always comes while you -find n.n 1ndian. if :you took awa-y all of tbe Indian 'from the State and district 'Where the road is to be built. n.ppropriations coming to tbe State of l\finnesota out of the The CHAffil\IAN. The time of the gentleman has expired. Obippewa fund or out of the Treasucy, the Indian -people would 1\lr. CARTER. I ask that the gentleman have five minutes go on just the same and be put upon their own re::.""ponsibilities., additional. and the townships and tbe towns and the counties would go The CHAIRl\IA.N. Is there objection to the request of the on and run their governments and provide every 'PUb1ic'facility- ,gentleman ftom Oklahoma? [After a pa'Use.] The Chair hears -scbools; roads, and everything else. none. Mr. SNYDER. But under tthe restrict ions they are not per- l\Ir. CARTER. Now, Mr. Chairman, I do not know how the mitted to do that. The Chippewa lndians nave an abundance gentleman in charge of the bill feels, but I, of course, feel it of money. They should be declared competent to have a right my duty to support his contention, because 1 have agreed to to operate tbeir own bu-siness, but they do not have that right, this; but, individually, if the Congressman from the State comes nnd unless money is appropriated in their method there cnn and -says that ~ere is not .any necessity for the expenditure of not be any roads built at all. ~20,000 out of the tribal funds in his State for 'roads in the State, l\1r. ELLSWORTH. I will state 'to the cbairman that on the :r ao not think we should insist qn having the money spent. Red Lake Indian Reservation, where the allotments have not Mr. SNYDER. Well, it would ·seem to me if there is one been made, there might be some rea-son for building a road, and place where the money could be justifiably spent on a 'l'eserva· there is i. n this .bill an .a.ppropriation for a road or a bridge, o_r I tion where the tribe of Indians have plenty of money no better something of that :kind, in a specified [)lace like the .Red Lake use could be made of the mone-y than to build roads, bridges, J:teser'9'ation. The objection to this is that it does not :ewecify and so forth, for them. the road to be built in any particular vlace., that there is no I Mr. CARTER. That is true, 1\Ir. Chairman, but if the State particular community that will suffer if this goes out, illld if is the one to take care of these roads and there is no pressure there is some particular place wbere there are 'Indians where upon the State for the ex:penditure, why I think we might leave they should have a road, in future years they can come in and it out, but, of course, my intention is to srrpport the chairman ask for :it and we will make :no objection to it. of the committee. Mr. SNYDER. There is no question as to the gentlernan.. s 1\lr. SNYDER. I have not convinced myself yet as to 'What is argument being logical, and perhaps it ought to prevail, but the the right thing to ao. 'fact is, the suggestion he makes is the reason f-or this appropria· :Mr. TIT..LMAN. If the gentleman will permit, I will -ask the tion. There must be roads that need repair and overhauli-ng, gentleman from Minnesota if it is true that these Indian lands and some 11ew -pass ways must be 'built, and there is no other . are not taxable and the lands of the white people adjacent there way that it can be -done exeep't through an -a:ppro_priation (Jf tbis · are t~-.;:able, and that this is an effort t~ even things up, so .as to kind, which ·s '\TIUwut 1imit, so 'faT as -expenditure of money is · m:ik.e tbe Indians pay -a small part .of the repairs? 1236 CONGRESSIONAL RECORD-HOUSE. JANUARY 8,

    Mr. ELLSWOH.TH. In.reply I should say yes and no. There and the opposition of another. M:y understanding is that they are some allotments that have been made and allotments sold, now all agree that the provision should be stricken out, and in ·and land that belonged to the original allottee in the hands of view of that agreement, and in the interest of the saving of time the purchaser is taxable. It seems to me that these communities and money, I see no objection to the amendment as offered. are exactly like any other community. It is not proposed in the Therefore, I am willing that the vote should be taken on it now. bill to build a road upon the reservation to serve the Indians on The CIL.<\.IRl\1AN. The question is on agreeing to the amend· the reservation where the Indians raised anything to haul over ment. them to market, but-- The question was taken, and the Chair announced that the 1\Ir. TILLMAN. But the fact remains that those lands are ayes seemed to have it. not taxable at all, and the lands of the white people are. Both Mr. BLANTON. Division, l\1r. Chairman. the wh1te people and the Indians use these roads. The committee divided ; and there were-ayes 49, noes 0. Mr. ELLSWORTH. The lands have been allotted to a great So the amendment was agreed to. portion of the Chippewas of Minnesota, I will say to the gen­ Mr. BLANTON. l\1r. Chairman, I move to strike. out the tleman from Arkansas, and sold, and it is not a matter of the last word. Indians being served by a road at all. In one place there will The CHAIRMAN. The last word has been stricken out. be a reser\ation and there may be no Indians on the reserva­ Mr. BLANTON. Then the last two words. tion. In another plaw where allotments have been made there The CHAIRMAN. The Chair will state that the para~raph m::ty t1e quite a number of Indians, but thee-~ i~ no plaC' e where has been stricken out. There is nothing before the House. you can specifically build a road with $20,000 of appropriation, l\Ir. BLANTON. Then I will wait until the next item is read.. to slmply build and repair roads, to serve the Indium, ou th8 The Clerk read as follows: reservation. The sole purpose 11nd effect is simply to discour­ For payment to Hattie A. McKusick for land purchased for allotment age the general development of the country that ought to be to homeless nonremoval Mille Lacs Indians, described as the west half of the northeast quarter of section 8, township 41 north, range 17 encouraged. We should tuke away the control of the bureau west, in Pine County, Minn., containing 80 acres, being the dilfcr0nce oyer these public improvements, so that the State shall thor­ between the consideration for said land of $880 and the amount $21$G.34 oughly understand they should not wait for the Indian Office available for its purchase remaining unexpended of the appropriation to improve the northern and central part of the State of Min­ under the act of August 1, 1914 (38 Stat. L., p. 591), and for reco.rding fees and expenses incident to said purchase, ~645, to be immediately nesota. They never ha\e done it; they never will do it. They available. simply keep control, simply continue the discouragement of the 1\fr. BLANTON. Mr. Chairman, I mm·e to strike out the last progress of that part of the State, wl;lich is a discouragement or word. the progress, material, moral, and intellectual of the Indians I do this for the special purpose of preventing any possible themselves. It is only part of the general plan. This whole camouflage of the RECORD. A moment ago when the Chair plan of amendments, I might say, is for that purpose, to correct counted about 41 l\Iembers here on a division call, my good it now, and in the future eliminate the bureau control and friend from Minnesota [M:r. KNUTSON], who is one of the most to put the Indians upon their own feet, so that they may become active whips I ever saw in any legislative body, and I presume independent, self-respecting American citizens. That is the is as active a man as you can find anywhere in the United general purpose, I will say to the chairman. States--and I admire him for his activity-would have had us Mr. SNYDER. 1\Ir. Chairman, I move to strike out the last believe that there were others in the Hall who were not counted, word. It would be difficult after hearing the explanation from because he said some gentlemen did not stand. Now, I happened probably the next governor of Minnesota [applause] to resist to take a count of the floor at that time, and there were just the temptation to agree with him, but since there does not seem 45 men on the floor, and there are now, counting my good friend to be any other Member from the State of Minnesota to object, from Illinois [Mr. l\IANN], who is always here-and he really it would seem as though the committee ought not to object, ought to be counted for more than one-counting him, there are inasmuch as it would show a further reduction in the amount only 48 Members on the floor at this time. appropriated in the bill. Therefore, so far as the chairman is . Mr. SNYDER. l\1r. Chairman, I raise the point of order that concerned, he is willing to accept the amendment. the gentleman is out of order and is not talking to the item under The CHAIRMAN. The question is on agreeing to the amend­ consideration. ment of the gentleman from l\Iinnesota. The CHAIRMAN. The point of order is sustained. The gen· The question was taken, and the Chair announced that the tleman will proceed in order. ayes seemed to have it. 1\Ir. BLANTON. I will proceed in order. Mr. BLANTON. Mr. Chairman, I ask for a division. I am Mr. CRAMTON. Will the gentleman yield? in favor of the amendment, however. 1\Ir. BLANTON. Just a moment untiL I get back in order. The committee divided ; and the Chair announced the ayes I had reason to believe that with the small membership pres- were 41. ent I could have stricken out at least the last word of the former Mr. KNUTSON. M:r. Chairman, I think the RECORD should paragraph, merely to tally the Members present. But with the show that a great many are present who did not vote, so that small number present here I do not believe that there is any the RECORD will not convey the impression that only 41 Members possible chance to strike out the last word of the present para· nre present. graph, and so I will withdraw the pro forma amendment ami l\1r. BLANTON. 1\Ir. Chairman, I knew we would hear from yield the floor. the gentleman from Minnesota. Mr. CRAMTON. Will the gentleman yield? The CHAIRMAN. The committee will be in order until the The CHAIRMAN. The Clerk will read. \Ote is announced. On this vote the ayes are 41 and the noes M:r. SNYDER. 1\Ir. Chairman, under a previous arrange­ are none. ment we are to turn back now to line 9, page 31, to which the So the amendment was agreed to. gentleman from Minnesota [Mr. ELLSWORTH] wishes to offer an Tile Clerk read as follows : amendment. The Secretary of the Interior is hereby authorized to withdraw from the Treasury of the United States, at his discretion, the sum of $100,- Mr. ELLSWORTH. Mr. Chairman, I offer an amendment. 000 or so much thereof as may be necessary, of the principal sum on The CHAIRMAN. The gentleman from Minnesota offers an deposit to the credit of. the Chlppewa Indians in the State of Mipne­ amendment, which the Clerk will report. sota arising under section 7 of the act of January 14, 1889, entitled "An' act for the relief and civilization of the Chippewa Indians in the The Clerk read as follows: Stat~ of Minnesota." and to use the same for the purpose of promoting Amendment by Mr. ELLSWORTH: On page 31, at the end of line fl, civili-zation and self-support among the said Indians in manner and for insert a new paragraph, as follows : purposes provided for in said act. "That the sum of $10,000, or so much thereof as may be necessary, of the tribal funds of the Chippewa Indians of the State of 1\Iinne ota. 1\Ir. ELLSWORTH. l\1r. Chairman-- is hereby appropriated to pay the expenses of the general council or The CHAIRMAN. For what purpose does the gentleman rise? said tribe to be held at Bemidji, Minn., beginning the second Tuesday in July, 1920, pursuant to the constitution of the general council of Ir. ELLSWORTH. I move to strike out the paragraph just said Chippewa Indians of Minnesota, organized in May. 1913, and to pay r en<1, in its entirety, from line 6 to line 15, inclusive. the expenses of said general councll in looking after the affairs of said 'The CHAIRMAN. The Clerk will report the amendment. tribe, including the actual and necessary expenses of its legislative com­ mittee in visiting Washington during the second session of the Sixty­ 'The Clerk read as follows : sixth Congress, said sum to be immediately available, said expense to be Amendment by Mr. ELLSWORTH : Page 32, strike out the paragraph approved by the president and secretary of the general council anti from line 6 to line 15. inclusive. certified to the Secretary of the Interior and so approved and certified l\Ir. ELLSWORTH. 1\lr. Chairman, I think, perhaps, that we to be paid." might gain time if we had an agreement as to the debate to be Mr. ELLSWORTH. l\lr. Chairman, I think the best way to taken upon this item. illustrate what this is for would be this: Three sessions back, 1\fr. SNYDER. l\Ir. Chairman, this item is one that has been the appropriation was $185,000, and when the committee re­ in and out of the bill several times the past few years. It has ported this bill to-day it was $100,000. The chairman of the had the support of one part of the delegation from Minnesota Committee on Indian Affairs to-day, without any protest what· 1920._ CO~ GRESSION AL RECORD-ROUSE. 1237 ever, allowed the other $100,000 to come out as a useless ex- f that State in this House. The truth is that without any rep­ penditure after understanding the situation, as explained in resentation from them ihe Honse has just clone exactly what three or four succeeding Congresses upon tlle Indian uppropria- ought to have been done, and the work being accomplished I tion bill being introduced into the House. can not see the propriety of spending the funds of the Indians Mr. CARTER. Will the gentleman yield? for a junket for a commission that has nothing to do. Mr. ELLSWORTH. Yes. 1\Ir. ELLSWORTH. Mr. Chairman~ will the gentleman yield? Mr. CARTER. The gentlern.an from Minnesota. must know, Mr. HAYDEN. Yes. I presume, that at the suggestion of the delegation from Minne-- lllr. ELLSWORTH. The thing l mentioned \Y"a.S a mere bnga..- sota this item was once before taken completely out of the })ill telle as compared with the things that this council or legisla- by the House, but was reinserted by the Senate. ti\e committee has accomplished in Washington. Seven hun- l\Ir. ELLSWORTH. Yes. dred thousand acres of land, including in it 140,000 acres of the Mr. CARTER~ And it was reinstated by the Senate, and most fertile land in Minnesota, was patented to the State of when the conferees, consisting of myself, the gentleman from Minnesota by the Federal Government, and to-day the ;Indian New York [Mr. SNYDER], and several others went into the Sen- Bureau, because these Indians hired their own attorneys and ate, we found that a }'::trt, at least, of the delegation from Min- forced the bureau to do so, has requested the Department of nesota had agreed tli.a.t the amount could be restored in the·bill, Justice to commence an action to recover from the State of and therefore we had to bring back to the House what the House l\finnesota that 700,000 acres of land which \Vfts improperly ha:d already eliminated. classified as swamp land when in fact it was agricultural land. 1\fr. ELLSWORTH. What I say now is that I hope the dele- They sa\ed from a million and a half to $3,000,000 in that item gation from Minnesota is so united on this item that we can alone. make the evidence on this point so strong that it will be tho.r- If I had the time I could go on and recite a great number of oughly understood in the future that in conference, when we things that this council has done for the Chippewa Tribe in strike out $100,000 in the House it will be kept out. I think the Minnesot~ things for which any attorney, doing the same tbings, conferees will understand it. would have charged $500,000'a year. They saved' in one instance l\1r. Chairman, I started to speak about this particular amend- to the children-every single child born in the Chippewa Reser· ment by saying that on this particular amendment alone a con- \ation, and there were some 11,000. when the agreement of 1889 siderable sum of money has been saved in a matter which no was entered into-they saved the allotment of 160 acres of land 1\fember of Congress from Minnesota up.de;·stands and no Mem- or more to every single child born since 1889. It was on the ber from any other State understands unless they have obtained proposition of the Sarah Kedrick case, where an Indian moved the information concerning it from the attorneys or represen- to Canada and had four children born, where the bureau denied tatives of those Indians who held a convention up there, to them their ullotm~nt:s, thinking it could keep them under control which members were elected through purely primary elections of the bureau if it could show that these children had not the and thoroughly repre ·entati\e conventions_ Those people have right to receive allotments, having left the reservation. They their own Government and th€ir own council, and it is because got a decision from the- court in which they saved to the Indiana they came here and explained ro their Representatives in Con- of Minnesota $3,000,000 worth of property. If the Government gress these- ma'tters that we are abl-e to take out ef thi:s bill items does not want the Minnesota Indi~ to have property that like this $100,000, wl\icb we took out to-day, thus saving it to belongs to them, very well. But it ought to prevent the-robbery the Chippewa Indians. It is because these men came here and of these Indians. favored the· elimination of bureau control and. are fighting the I want to say that if this matter is left out, it is simply an Indian Bureau that this result has been obtained. attack upon representative government by reference to- the wat The Inclian Bureau undertook to put in an antagonistic council in which the Chippewa Indians have their representation. nmong those people on the ground that this other was not a Mr. HAYDEN. I want the gentleman to understand that I d() representati\e delegation. The bureau challenged these men, not object to the representation of this couneil a:nd to the appro· and the tribe went in and elected these men again, and by a letter priation of money to carry it on, and I do not object t6 the appxo· dated last August, 1919-which I will put in the- REcoRD--the priatio.n of such sums as may be necessary to employ attorneys Indian Bureau now specifically recognizes these men as repre- for the tribe. But I am speaking simply from my own experience; senta.tives of a proper couneil, and there is no conflict between which is probably like that of other gentlemen, when I say that them and these · del~gntes who came here to represent that coun- the Minnesota Representatives on the :floor of the House are in ell. There is not any contention against its authority whatever. a position to represent the facts to the House, and to do it in 1\fr. HAYDEN. 1\lr. Chairman, will the gen.tleman yield? such an able manner that it is not necessary to send delegations 1\!r. ELLSWORTH. In a moment. But because these r~ of Indians here because, in my judgment, they can aecomplisb forms have been accomplished and items. put in that ought not nothino- because' of their confiieting statements. to have been put in, because this 'Work that these men aTe doing l\Ir. SNYDER. I move to strike· out the last word. I should tlu:eatens the bureau, and because the Blackf~et and Cro~s and like to correct the idea that there was :my propaganda or other. tribes .all OYer :the: country are wa.tclung tile Chippe'\Ya influence used upon the committee by the Bureau of Indian co_uD:cll <;>f Minnesota m 1ts efforts to ~ommence the reform of Affairs or any particular number of l\Iembers from Minnesota or el~a~mg b~eau control O\er !Jle lndlaJ?-8 all over the country, anywhere else. For- several years the committee has been per­ thls mc1dent IS noteworthy. ~nnesota IS ~he place where the plexed about this particular item, in view of the fact that there battle rages the. s~onges.t agamst. tl~e Indian Bureau. These have been two conflicting delegations claiming to represent the men are accomplislnng thmgs, and 1t IS done thJ:ough not allow- Indians of Minnesota.. For several years the department has ing ~e appropr:J.a~ions ask~d for b~ the bureau~ withheld the expenditure of this money because it could not This appropr1atwn was m the b11l three years ago, and two determine who were the legal representatives. The committee year~ ago, and then the bureau started a ~ack-fi.Te on the~e men~ said, "we will leave out this item, and pe1·haps we will be able all~g that these men were not accr~ited representatives of to ascertain who are the legal representatives," but up to the the tnbe. _:Bu.t last Augus~ they recogmzed them as the prop- time of bringing in the bill no one appeared who could satisfy erly accredited repr~sentahves~ and then they took away from us he was eligible to urge the expenditure of this money as the tlu~m the ~ppropr1ahon of $10,000. Out of the. Treasury 'l No. legal representative of the Chippewas- of Minnesotn. I have Out of their own fund . They have $6,000,000 m. the ~reasury~ no doubt the credentials brought d~n by a committee headed They c;'lo not want_ to allo:V them $10,000 for holding this repre- by certain Indians and certain lawyers ha\e been presented to sentat1ve convent1?n which they say they should not hold. the gentleman from Minnesota [l\Ir. ELLswonTH], and that he T~ey want to ~a.ke 1t awny fro_m them becaus~ they were fo~·ced} believes they are the legal representatives of those Indians and bemg beaten 1~ popular electwns by the Chippewa~ of l'llmn~ that this appropriation should be made; but the chairman of the sotu, to recogruze them, and now they propose to disarm them committee and other members of the committee are not con­ by taking away from them their finances. vinced that this is correct. Therefore I am inclined. to oppose The CHA~RMAN. The time of the gentleman from Minne- the amendment until such time as it can be shown definitely that sota has e:s:prred. these representatives of the Indians have been duiy and legally 1\fr. HAYDEN. l\lr. Chairman, I am perfectly willing to authorized, by a vote o:f a fair number of the Indians invol\ed, to agree to an appropriation of $10,000 out of the funds of the expend this money. Chippewa Indians for a general council to manage the affairs l\1r. ELLSWORTH. l\fr. Chairman, I ask unanimous consent of those Indians; but I have some doubt about that part of the to proceed for three minutes. . amendment which includes the expenses of the delegation in The CHAIRMAN. The gentleman fr:om Minnesota asks unani­ Washington at the second session of the Sixty-fifth Congress. mous consent to proceed for three minutes. Is there objection? The impression I gathered from meeting these Indians who There was no objection. were delegates from 1\Iinneseta was that no one of them is as Mr. ELLS,VORTH. I want the- Members ot the House to able to represent the tribe as eft'.ectively as the Members from understand a few things_ concerning this matter. First, this 1238 CONGRESSIONAL RECORD-HOUSE~

    council is a representative council. This bill recognizes that that I received this amendment this morning from the so-called fact by appropriating $1,000 for a celebration at 'Vhite Earth General Council of the Tied Lake Band of Chippewa Indians. by the same delegates who constitute this council. It is a demo­ I have not had time to investigate the merits of it, and yet at cratic government in itself, thoroughly representative. This the same time I feel that this is the proper time and place to money is not to be taken from the Treasury but from their own offer it, and probably the members of the Committee on Indian funds. 'Ve simply ask you to reinstate it. It has been in for Affairs cah throw some light on it. three years, and now that the Indians are actually accomplish­ The CHAIRMAN. The gentleman from 1\linnesota offers an ing something the bureau wants to discontinue it. It is their amendment, which the Clerk will report. own money that they want to spend. It is a tribal fund. The Clerk read as follows : l\lr. FESS. \Vhat does the gentleman say about the state­ Amendment offered by Mr. KNUTSON : Page ~2, after line 26, lnscrt ment of the chairman of the committee that there are two dele­ the following as a new paragraph : " Beginning with the calendar year of 1920, the Secretary of the Inte­ gations contending about this, and that 'Ye do not know which rior be, and be is hereby, authorized and directed to pay annualy to the is the legally representative delegation? enrolled members of the Red Lake Band of Chippewa Indians of Min­ Mr. ELLSWORTH. I tried to explain that before. The nesota the sum of $50 per capita from the proceeds of the sale of timber and lumber within the Red Lake Indian Reservation in Minne­ bureau has by letter recognized that this is the regularly authen­ sota according to tile provisions of the act of May 18, 1916 (39 Stat. ticated council of the tribe. There are not two factions now. L., 137) : Provided, That only such enrolled members of the Red Lake l\1r. SNYDER. There was no such letter presented to the Band as are alive and in being on the 1st day of April of each year shall be entitled to share in the payment for that year: And provided committee. further, That the shares of competent Indians, including the shares 1\fr. ELLSWORTH. I will put the letter in the RECORD. I am of their dependent minor children or wards, shall be paid to such com­ sorry it was not presented to the committee. I think it was petent Indians directly, and the shares of incompetent Indians shall be placed to the credit of each Indian, subject to the expenditures under very short-sighted on the part of those who appeared before the the individual-money regulations: And provided further~ That the committee, having that letter dated last August, that they dirl shares of dependent minor children or wards of incompetent Indians not present it to the commitee, so that the committee could shall be placed to the credit of Euch minors or wards, subject to ex­ see that at this time the council has been recognized. penditure in like manner." As tQ what the gentleman from Arizona [Mr. HAYDEN] has 1\lr. CARTER I reserve n point of order against that amen25; in all, $30,000. and. the council stands recognized, but with their own sinews of 1\Ir. 1\IA::NN of Illinois. I reserve a point of order on the war taken from their own funds withdrawn. paragraph. It is to this c~:mncil and to their duly authenticated legisla­ Mr. VENABLE. Mr. Chairman, I move to strike out the last tive representatives that the other Indian tribes which are with­ word. I trust that the gentleman from Illinois will not make out representation are ~ooking to lead them in their fight against the point of order on this paragraph, for the following reasons: encroachment upon their rights and their property and their When the Choctaw Indians removed from Mississippi to Okla­ fun

    Mr. VE:NAJ3LE. Yes. l\fr. VENABLE. I can appreciate that, and I have been im­ l\lr. SNYDER. Since that down to the last year, how did they portuning the bureau myself. I have been down there to beg live and who provided for them? them to go ahead. Understand, I want to deal in perfect good 1\lr. VENABLE. They had a very precarious existence, indeed. faith. I do not say that the condition of those Indians now iS l\lr. SNYDER. Did the State do anything toward· it? as hard as it was when this project was first started, so far as 1\lr. VENABLE. They fished and hunted and lived in cabinS actual food is concerned. .Many of them have gone to work with cracks so large that you could throw a dog through them. under direction and management, and they have done better. They had no schools, their struggle was for existence. When They are putting their children in schools where they can get the subcommittee went to Mississippi one old Indian said that to the schools, but the educational needs of their children are he had not had anything to eat for three months except a little just as great now as they ever were. The other thing is but corn meal. They existed largely on the charity of the general a means to an end. public. The white neighbors gave them things to eat, and it was Mr. SNYDER. I see that considerable money has been spent a state largely of mendicancy, you might say of charity. The for live stock; $;),713 .:>f the $15,000 has been spent for live next generation is going to be in the same condition. All we ask stock. is that you send the Indian children to school and give them a l\fr. VEKABLE. Yes; so that they can have cows and get fair cbance to equip themselves for the white man's civilization. milk and butter. l\lr. SNYDER. One furtber question; since 1898-- Mr. SNYDER. And. for equipment and miscellaneous mat­ Mr. CARTER. If the gentleman will yield, I want to ters, $1,400. straighten out that date. l\Ir. VENABLE. Yes; for plows and such things. l\lr. VENABLE. Eighteen hundred and ninety-eight had noth­ l\1r. SNYDER. .And they are not a band of Indians located ing to do with the land, but that was the last time that they in any particular locality. 011ened the rolls, 'vhen an agent went there for the purpose of 1\Ir. VENABLE. They are scattered over about three coun­ making up the rolls. . ties. l\1ost of them are in the counties of Neshoba and Winston, hlr. SNYDER. Starting at that time, all connection with the and some of them are in Leake County. Government of the United States was severed. 1\fr. S:~"YDER. While I am of the same frame of mind in Mr. VENABLE. Yes; prior to that. respect to the Seminoles, I think it was wrong to take theru Mr. SNYDER. \Vhy is it that such a resident of the State of back. The State of Mississippi should have been forced to care 1\lississippi who holds no claim on the Government does not for its own poor-whites, blacks, or reds-the same as does become a charge on the State of Mississippi? New York or Ohio. Yet, since we have entered into this 1\lr. VENABLE. One reason is because there is an obligation proposition and we have encouraged those Indians to beHeve upon the General . Government of the United States, which is that we are going to do something for them, so far as r am discharging its obligation in relation to other Indians. In this concerned I am willing to stand on the bill as it is, and permit very bill the bulk of the bill is a pure gratuity; over $7,000,000 the matter to stay in. is carried in this bill, where there is no legal obligation to pay it. l\lr. VENABLE. Mr. Chairman, will the gentleman :r:.eld \Ve are doing that for other Indians in the United States. They for a question? solely and alone are supported under that moral obligation. We l\fr. SNYDER Yes. are doing it rightfully; I voted for it. I do not make a point of l\!r. VENABLE. What difference is there between the obli­ order against them. gation to help the Mississippi Indians and' the obligation to pay: the gratuities to the various Indians in other parts of the: l\lr. SNYDER. Did not these same Indians haye a -right a United Stutes? long time.ago to come under that same moral obligation? l\fr. SNYDER The only difference I know is that these Ur. VENABLE. Yes; l\fr. Chairman, they had the right. Indians in Mississippi bad the right to come in under regula4 These Indians loved their natiYe land and they took land in tions which would permit legal gratuities to be made to them, Mississippi in lieu of it. The Government took these primiti-ve but they did not see fit to take advantage of that. people and turned over to them something that they could not l\Ir. VENABLE. If the chairman was familiar-- nandle, which they wasted and dissipated, just as if I gave money 1\Ir. SNYDER. I am familiar with that part of it. to a 5-year-old. child.. Now, when the result has come that would Mr. VENABLE. Let me show the gentleman the d.ifference. be expected naturally and reasonably, it does not lie in the They took the Mississippi Indians and they turned over this mouth of the Go-vernment to say that because we gave you these land to them, men who had never had any experience with tl.~ things and you dissipated them you are forever estopped from private ownership of land, while tbey took the Choctaw Indian· asking further aid. who went to Oklahoma and the Government looked after his Mr. SNYDER. \Vill the gentleman yield? land and other things until such time as he was fit to handle Mr. VENABLE. Yes. it for himself. The sin against the Mississippi Indian was in l\Ir. SNYDER. .\Vill the gentleman tell me, since two years turning over to a man a thing he knew nothing about, the ago we appropriated $75,000 and only a part was used, if the value of which he did not appreciate, and letting him handle Indians were in this terrible state that the gentleman speaks it himself. I hope the gentleman will not make the point of of, why was it that the bureau did not see fit to do more? order. Mr. VENABLE. I do not know. I think they are in a better l\lr. 1\IA..l'{N of Illinois. What became of this land that was condition now than they were then, for many of them did not turned over to those Indians? have enough to eat. But the sins of the bureau should not be 1\fr. VENABLE. The Indian would get in hard straits and charged up to the Indians. I have begged the bureau to spend he would sell it, and sometimes dissipated the money. At other it all. I begged them to put the plan in operation, and begged times he would get in hard straits, and, being an Iudian, them to go down there and locate schools and build them. I he liked to fish and hunt and did not want to work, and he­ thought that when Congress started the project, two years ago, found out that he could go to a merchant and mortgage his that it meant to carry it out. I asked the man in charge do·wn land, give a deed of trust, then he would be in default in pay­ there, who has been in charge of Indians in several parts of ments and he would finally lose the land under the sale. the United. States-Dr. McKinley, I think Ws name is-and he hlr. MANN of Illinois. And his white neighbors got pos­ told me that he neYer worked with any Indians in the world in session of his land? America that were more deserving of help and that were more Mr. VENABLE. In a great many instances; yes. anxious to aYail themselves of facilities to equip themselves for l\lr. l\IAJ\."'N of illinois. Is there not some obligation on their life under the white man's civilization than were these Indians. part? If we withdraw this appropriation from these Indians now, 1\Ir. VENABLE. Yes; I grant you that. But the poor and when they are full of hope for themselves and their children, the weak and the ignoraht are taken advantage of the world you are going to produce a deal of sadness down there in over. Human nature is no different in Mississippi from what l\.!h;slssippi. it is in Illinois. Mr. SNYDER. The gentleman knows that the estimates Mr. MANN of Illinois. The difference is this : Illinois is not brought to us amounted to $65,000? seeking an appropriation out of the Federal Treasury to take Mr. VENABLE. Yes; I haye read the hearings. care of its poor, while Mississippi is. That is the distinction. 1\lr. SNYDER. And the committee having been convinceu of Mr. VENABLE. There is no distinction in wbn t I am talking ·the deplorable condition these Indians were in, and seeing that about, and that is that the Federal Government in dealing with so little had been spent where so much had been offered, we these Indians pnt them in an attitude where a certain result were convinced that the amount we put in would be ample, or would come about, which the Government must Ita ,.e knO\\Il, at least would be all that could be spent for this time, if we under a white civilization and in contact with a white man. were justified in spending anything. There is a moral obligation resting upon the whole people of the LIX--79 ._1240 CONGRESSIONAL RECORD-HOUSE. JANUA.RY 8,

    United States to take care of the Indians in the United States. l\Ir. VENABLE. Yes, sir. -There is no more cbligation 'from a moral viewpoint upon the Mr. MANN of Illinois. Who hnd not been accustomed to paTt of 1\Iis..<;;issiplli to take -care of those Indians, exclusive of holding property. We had not attempted to educate them to the other citizens, than there is of the State of Illinois to take the necessity of the · individual ownership of property, to take care of her Indians or 1\Iinnesota to take care of her Indians, care of-- exclusive of the people of Mississippi. :Mr. VENABLE. He had from 150 to 200 years of tutelage in Mr. 1\IANN of Illinois. As I understand tbe ~entleman's po­ private ownership in slayery and had an object lesson from sition, if the Gi)vernment of the United States gives an Indian that. land, declares him to be competent to dispose of those lands, and ~r. l\IANN of Illinois. He might have had an object lesson, they are disposed of and the Indian loses his property, then it but he was not permitted to participate in tpe object lesson. is the duty of the Federal Treasury to take care of the Indian And the same reason the gentleman makes would put upon the for tile rest of hie life. · Federal Government the duty of taking care of any improvi­ :Mr. VEN.\BLE. The gentleman does not state my position dent black who was freed from slavery. correctly. Mr. VENABLE. There are two answers to that. One is that l\Ir. MANN of Illinois. Perhaps I state it a little strong, but he is a negro with the negro's characteristics, and the ot11er is that is what it is. the Indian with his characteristics. Another answer is that I . 1\Ir. VE.NA.BLE. Oh, no. personally believe that what the gentleman contends for should 1\Ir. MANN of Illinois. It is conceded that these Indians had have been done. I think the personal and political crime against the land; that they have squandered their substance; and, hav­ the negro was to make him a citizen. ing squandered their substance, they do not recognize ~J.e doc­ Mr. l\lANN of Illinois. All this has nothing-- trine which U.tq always controlled the human race-that by the Mr. "VE ... .,.ABLE. He should have had the tutelage of the sweat of their fa-ce they shall live. If the gentleman's conten­ Go-vernment. tion is correct, then we ought not to remove incompetency from l\1r. l\IANN of Illinois. This has nothing to do with the ques­ any Indians, for fear they may lose their competency, because, tion of citizenship. These Choctaws are citizens. whether Indian or white, a large proportion of the people of 1\lr. YE1.IABLE. The gentlelflan is talking about the negro, this worl

    :Mr. ~I.Al\~ of Illinois. Mr. Chairman, I reserve a point of less area, with the result that the Indians, who have greatly order on the paragraph. increased in number, have left the reservation, 7,000 of them, The CHAIRMAN. The gentleman from Illinois reserves n and have been living on the land that they have been occupyin~ point of order on the paragraph. for a number of years. In order to get title to the land it is :\lr. 'VIKGO. Mr. Chairman, I think we ought to have a necessary to purcha e it. quorum. I make the point of no quorum. Mr. 1\l.ANN of Illinois. How many of these Indians are there? The OHA.IRl\fAN. The gentleman from Arkansas makes the l\Ir. HAYDEN. About 30,000. It is the largest tribe in the point that there is no quorum present. The Chair will count. Southwest. They are multiplying very rapidly. [After counting.] Sixty-eight gentlemen are present-not a 1\Ir. MAN~ of Illinois. Of course, $100,000 will not buy quorum. The Clerk will call the roll. enOllgh land for 30,000 Indians. The Clerk called the roll, and the following Members failed ~Ir. HERNANDEZ. I may say that the Indians themselves to nnswer to their names: on their o'\Vn account have been heretofore leasing part of these A. nclerson Flood Kennedy, n. I. Rowan lands and paying for the leases out of their own pockets. Aswell Fordney Kettner Rowe 1\Ir. J\IANN of Illinois. Why do they not continue to do that? Ayres Fuller, i\Iass. Kincheloe Rubey Mr. HERNANDEZ. As to that I do not know. B>tebnrach Gallagher Langley Sanders, Ind. B ..·ul~:ley Gandy Lt>sher Sanders, La. Mr. SNYDER. As I stated, Mr. Chairman, this matter was ~~""2' Gard Linthicum Sanders, N.Y. not of enough importance to be brought to the attention of the Dfl( Garland Luhring Sanford committee, and the committee had no opportunity to look into BenNon Garrett McAndrews Schall Bland, Ind. Glynn MeCulloch Scully it, because the item was brought up after the chairman '\Vas Rland, Mo. Good McDuffi~ Sears instructed to report the bill to the House. We have no knowl­ Bland, Va. Goodall McKeown Siegel Bo;:,her Goodwln McLaughlin, Mich.Sims edge other than what we are getting here now, beyond what Britten Gould McPherson Sisson came to us in the form of a letter to justify the item. Brooks, Pa. Graham, Ill. Mason Slemp Mr. l\iANN of Illinois. I have no desire to do any injustice Browning Hamill Merritt Smith, Idaho Brumbaugh Hamilton Moon Smith, Ill. to these or any other Indians. I am surprised at the statement Burke Hardy, Colo. Morin Smith, N.Y. that there are 30,000 of these Indians that are not on the re er­ lluuoughs Haugen Mott Steele vation and not on lands of their own. I supposed there were Campbell, Kans. Hetlin l'lludd Strong, Kans. Candler Hill Newton, :Minn. Sulli>an not more than 30,000 in the entire tribe. C:wnon Holland Nicholls, S. C. Taylor, Ark. l\1r. HERNANDEZ. Some of them are on land adjoining the CarPw Houghton Nichols, Mich. Thomas reservation-close to it. , Fla. Hulings O'Connor Thompson Mr. MANN of Illinois. Are there 30,000 Indians who are off' Copl~y Hull, Tenn. Oliver Tinkham Crago Humphreys Petet·s Upshaw the reservation? Crisp Hutchinson Phelan Vare 1\fr. HAYDEN. The total membership of the tribe is 30,000, g}~~her • frel~nd ~~;i~r rvo~~~n of whom about 7,000 are off the reservation. Dit kinson, .:\fo. Jefferis Rainey, J. W. Welty Mr. MANN of Illinois. One hundred thousand dollars will Dool ing Johnson, Ky. Randall, Calif. Wilson, La. not go very far toward providing for grazing lands for 7,000 Dorl'mns Johnson, Miss. Rayburn Wilson, Pa. Dunn Johnson, S.Dak. Reber Winlow Indians, I take it. Eagle Johnso::1, Wa.8h. Reed, N.Y. Wood, Ind. Mr. HAYDEN. The gentleman from New Mexico [1\fr. HER­ E nl'>rson Johnston, N.Y. Hiordan \Voodyard NA "DEZ] can give a better idea of the value of such land than J<}•l"il Jones, Pa. Robinson, • -. C. Wright Evans, Nev. Kahn Rodenberg I 'enn. Its \nlue is not very high, because it is u e

    MT. WALSH. How much surplus lund js thel:"e '! .Mr~ CRAMTON. It is takirrg it -out of tile hnntls '()f the Treas­ :l\1r. SNY:.DER. SeYeral thousand acres. ltllrer cnnd IJUtting it into the hands of t!he Seer-etary of the 'In­ l\1r. HAYDEN. We inquire~ about that. There js mn:ple terior and telling him that he may .expend it in any way trrat lnnd to make these 11llotment-s. .h'e 1:'htD'ks Tight. Mr. SNYDER There is plenty of land. Mr. WALSH. We11, this occurred in 1917. I tllink tbey can J\.1:r. W..1.LSH. ri ,yitbdraw the reser~ntilal for b.la~th 11hop {same .article a'lla ltrea,ty), $&00 '; in all. Dak., and the superintendent of the Berthold .at '$1.1500: Prooidea, .Tha't the PreSident of tbe United Sta:tes shall cc.rtifF Elbowwoods, N. Dak. Should an appropriation be made to reim­ tbe same 'to be tor 'the best interests 'Of the indians. burse the Indians for the value of the land, the Bureau of Indian ~Ir. HOWARD. ·Mr. Chairman, I offer the fo1Jmying amend­ Affairs will surrender all its rights -and ~lai:ms thereto on behaif ment. .cf the Fort Berthold Indians to the National Park Service, which The Clerk read as follows: will thereafter have full :and •CO".mplete eonb.·oL Page 46, line 1,6, at.ter the won1 " Ind·ians.," iinsN·t.: "Pro,vided l\fr. \.V.ALSH. What is this mtttion.al -:monument~ rurtltel·, Tbat hereafter no Indian unt1er 'the jnrlsdictiD'D o'f 't'he 'QmrJJaw .Mr. SNYDER. The Indian lands have lbee:n 'included ill this Agency -shall be decla:red incompetent exae;pt illy n IJ)Iroper ctntrt '.ba~-lng amtional1:eserve without the ln:dians 'being com.pen ated .for their jurisdiction, and all persons heretofore decl:u· in~'tent by the .Secretary of the Intenor shall b~ held to be !COJlll)etellt \lllless d:hey are lands, and rthis is to ·reimburse them. adjudged incompetent l1y a competent c011rt within six m011't:bs 'lrfta the 1\I:c. W AL'SH. \V>ere any of them ltving on this hmd? .... passage of this act." lli~ :sNYDER. It is a:n obligntien tlle GoveTnnleilt shan1d pay, ~Ir. BOW:ARD. Mr. Dhairma:n, I introauce thts amendment bee~ use the lu.nd 'belonged to the Indians. for rtbe 1}urpose of ·clearing up a sitttaiion at the ,Qun;paw .:Ir. "WALSH. Well, perhaps so; but haYe Ithey been -deprived Agency. Under former Jegis1aticm some Indians have become of t.he nse of this land by its being inelnded within this monu­ competent and afterwards have been ·dectured incompetent ment? 'Va~ they lh;:ing on it .and ·were they driven 10ff, ·o-r 11:1-ve simply thl'ough tbe action ·of the department. I ·be'lleve. ~11:. they b.een prohibited from nsing it, or aTe they still -going to be Chairman and gentlemen df the committee, toot 'any man has a permitted to use it for grazing JPUrposes9 right to go into the courts and '.ltlrve his ngbts determined as to Mr. SNYDER. This land was taken away from them tty whether he is competent or incompetent. The Government presidential proclamation dated June 29. 1917, nnd {)f COlll'Se has probate attorneys in Oklahoma ·and makes 'J)T.oYi:ID.cm .for thear are entitled to some ·com,pensation for it. taldng care of them, but it is ·an unsettled que-stion as to 1\I:r. WALSH. Has it 'been actually taken away from them! Whether the courts -of 01danoma ba-re an:y jurisdiction at n1'l W•ere they u ing lit for dwellings or .for gra:zmg or nnytl:iing of over these Indians. I have introduced 'this 3llleDdment as that sort, or are they to be permitted to continne the use of it:? another -step alorrg the line of t'his bill to as quiekly 1rS :pos. ible HaYe they been dti,,en off the -land! What is this monnmentll clean up a grent deal of the bureau work, an(l ·esuectally to give Mr~ S:NX.DER. The ·title to •the ;property has been taken away these Indians 'theiT rights in com"t, a rigbt to ~·Jrich nll men from ihe J:rulians ·by the Government of the United States, and are entitled. Lbe question new is simply whether -the property is worth 5 ll.n l\lr. MANN of ffii.nois. Does the ~k'lnhOlll:l 'n.w :provide that acre. a competent Indian may go into court ·and h:rve 'the court de­ ~Ir.. .CR.Al\l'ii.'O~. '\Vill the .gerrtlernnn Field? clare him incompetent, or an incompetent go into cmu·t .and Mr. S...~Y\DER. I yield to the gentleman "from Michigan. have 'file eom1: 'declare bim ·eompeteut't !b:. ORAMTDN. What i's the reason for placing the mo11ey Mr. HOWA'RD. No-; the Ind:llms nre tr.cate<'l .m; citizens at the lllscretiona.ry oLpo nl -of the Tnteriar Department instead by the State an<'!. have the 'S!ltne Tights in .(ffi1' courts as other of hanng it pnt in :the Treasury to the •credit ·of these Indians'? people, and it is my contention tbat n.fter they Me Dllc.e decl~rrecl :Mr. S~ TYDER. That is the 11 ual practice. I ean not :give any competent, either by statnte m court, tlrat thai right should justificatirm for it. only be interfered ·with by ·a hearing in conrt. Mr. ORAl\ITON. J:s it crustornary to tnr:n this o'\"a· to the Mr. 1\f.ANN Of Tilinois. 'There is no met'hod that I know of Indian Department with full discretion as to its expcndtture2 except trying a man for insanity in the '01'erson incompetent, 1244 CONGRESSION .LI\_L RECORD-HOUSE. JANUARY 8,

    but that right is transferred to the court. Now, those that terior has declared an Indian competent he can not come around ha><' been rteclared incom11etent have six months to go into three months or six months afterwards and declare him in­ court and ha ,·e the court pass on that. competent. Mr. MANN of Illinois. I did not hear that. Let us have 1\fr. MANN of illinois. I will say to rny friend that it does the amendment again reported. not stop there by a long shot. The CHAIRMAN. Without objection the Clerk will again Mr. SNYDER. That is my understanding of what they want. report the amendment. That is what I am willing to aecept, but I am not willing to The Clerk again read the amendment. accept the amendment if it is as the gentleman from Illinois Mr. MANN of Illinois. I thought I was not mistaken; this says it is. declares that the Indians now incompetent to be competent. Mr. HASTINGS. Suppose we pass it over until it can be more 1\Ir. HASTINGS. Unless-- critically examined. Mr. 1.\l.A.NN of Illinois. Unless the heavens fall-unless some 1\lr. 1\lANN of Illinois. I think it would better be more criti­ court declares them incompetent within six months. cally examined, and we can examine it here. Mr. HAS'l'IN.GS. The gentleman is mistaken about it. l\fr. CAMPBELL of Kansas. I submit, 1\fr. Chairman, that Mr. SNYDER. If I understand, it is only those who have something should be done with this subject matter, and if this been once declared competent by the Secretary of the Interior. amendment does not meet the situation the paragraph should be Mr. 1\IANN of Illinois. Oh, no. passed over with an opportunity to perfect the amendment_ Mr. SNYDER. Oh, yes; that is what it means. Mr. MANN of Illinois. It may be, 1\fr. Chairman, that Con­ Mr. MANN of Illinois. The amendment provides, if I got it gress sitting in the legislative capacity is better equipped to right; that the Indians that have been declared incompetent we determine whether an Indian is competent than is the Secretary declare to be competent, unless they are declared incompetent of the Interior. ·while in many respects I do not subscribe to within six months by a court. what the Indian Office or the Interior Department does, still I Mr. SNYDER. That is correct. would hesitate a good while, if they have declared an Indian to Mr. MANN of Illinois. We declare them competent. be incompetent in order to prevent some one from robbing him Mr. SNYDER. But only those that have been declared in­ of his property, before I would be willing to declare him com­ competent. petent. It might then again occur, as we witnessed to-day, that Mr. MANN of Illinois. We declare them all competent. a great majority of this committee would vote to support the 1.\lr. CAMPBELL of Kansas. No; only those declared in­ Indian after his property had been stolen from him. That is a competent by the Secretary of the Interior. curious attitude to put us in. Mr. SNYDER. There are 229,000 Indians who are ret in­ l\fr. SNYDER. I do not understand what the gentleman competent, and this affects only those who have once been means, and I would like to have him point out wllat we have bad declared competent by the Secretary of the Interior and who of that character to-day. have since been declared incompetent by the same officer. 1.\fr. MANN of Illinois. Absolutely in the Mississippi ca~e. Mr. MANN of Illinois. We declare them competent, unless that is whrrt we did. there is a court action within six months declaring them in­ Mr. SNYDER. nut tllis is not the first time that was done. competent. 1\Ir. MANN of Illinois. No; but it is the last time that it has Mr. SNYDER. No. been done, and that is the reason I call attention to it. It is not Mr. MANN of Illinois. This sets out that the Secretary- shall the last time that it will be done. not hereafter declare an Indian in this tribe incompetent. l\Ir. HASTINGS. Let it go over. 1.\lr. SNYDER. No. l\fr. MANN of Illinois. l\Ir. Chairman, I never refuse such a Mr. HASTINGS. This prevents him from declaring any of request as far as I am concerned, but I think I shall make the them incompetent in the future. point of order when the time comes. I do not say I will, but I l\lr. MANN of Illinois. Then I am right and the gentleman may say this: Very likely there ought to be some remedy is mistaken. This declares that he shall not hereafter declare adopted. Of course, the real remedy would be to get a proper an Indian in this tribe incompetent. man in the Indian Office. Mr. SNYDER. No. Mr. HASTINGS. I want to say, if the gentleman will allow Mr. MANN of illinois. And then goes further and says that me, I am opposed to allowing the Secretary of the Interior if he has declared them incompetent that incompetency is through l'js inferior officers to have the final say as to whether removed, unless the court within six months finds them to be the man who once was declared competent can be declared in­ incompetent. competent without any court procedure whatsoever. That is Mr. HASTINGS. That is correct. what is intended by this amendment. It is to give jurisdiction Mr. MANN of illinois. That means that we declare them to the court and let the probate attorneys we provi

    family hall bef'n attending tOe their QWD affai:rs for years. They EXECUTIVE C():Ml\1UNICATIONS, ETC. ''~ a 4u~e estate. They had many buildings in Baxter Springs, Chei·okee County, Kans. Tbey omied large property Under c-lause 2 of Rule XX:Iv,; executiYe communications " ~r-e in tile Quapaw Agency, wbicll Is south of there in 0~1'ahoma. !t taken from the 8peah-er's table and referred as follo·ws: wn ui;~C'O \" red there were la:rge rnine1--a1 deposits on ~ 1. A letter from the Secretary of the Treasury, transmitting l~"l"OP€rtY in Oklahoma. It .appears that the Quapaw Indian copy: of a communication from the Attorne'Y General, submitting ag-ent wa. Tery much interested in endeavo:ring to secur~ leases a supplemental estimate of appropriation for inerease. of sa.Iury for minernl purposes for certain parties on a part of their pr-op­ of the administrative accountant, division w in the courts. The Good­ mittee on Appropriations and ordered to be printed. eagles :ue rich, they haTe a large estate, and it is one of the 4. A letter from the Secretary of the Treasury, transmitting scandals attaching to the Indian Office. This family was, after deficiency estimate of appropriation required by the Department 16 yem"8, declared incompetent in order that the Indian Office of Labor for u War Labor Administration Conciliation~" fiscal might control their property. I take it that the amendment year 1919 (II. Doe. No. 576); to the Committee on App.ro})l·ia­ offered by the llepresentati\e of that district is for the pnrpose tions and ordered to be printe,ll'S none. Committee on Invalid Pensions discharged, and refen·ed to the Th~ Clerk rend as follows : Committee on Pensions. , The Secreta:r)~ or the InteriOl' is hereby ~Utb<_l'rized. to withdraw from A b-ill (H. R. 5480) granting u pen ~ ion to Seaburn D. Wrny; the Treasury of the United States, at his discretion, not to exceed Committee on Invalid _Pensions di ·eha.rged, and referred to the $45,000 of the funds on deposit to the credit of the Osage Tribe ~ Committee on Pensions. In'US production on the o~a;:e Reser-vation •.lll· eluding salaries of ~mploye~, re!lt of quarter;> for emp-loyees, t:ravell"?g PUBLIC BILLS, RESOLUTIOXS, .AJ.~D 1\lEl\lORIALS. expenses. printing, telegraphing and teiephomng, and purchase, repair, and ~peration of autumobiles. · Under clause 3 of Rule XXJI, b~ resolutions, anti memorials Mr. SNYDER Ur. Chairman, I move that the committee do were introduced. and seYerally refen-ed as follows: now rise. By .1\fr. STE]Th'ERSON: A bill (H. R. 11578) making appro~ The motion was agreed to. · priations for the service of the Post Office Department for the Accordino-ly the committee rose; and the Speaker having re­ fiscal year ending Jrme 30, 1921, and for other purpo~; to the sumed the ~hair, 1\lr. LoNGWORTH, Chairman of the Committee Committee of the Whole House on the state of the Uruon. of the Whole House on the state of the Union, reported that that By Mr. EDMONDS: A bill (H. R. 11579) amending the pro~ committee had had under consideration the bill H. R. 11368, hibition act; tu the Coll1Illitiee on the Judiciary. the Indian apf>ropriation bill, .and l1ad come to no resolution "By Mr. 1\lcCLINTIC: A bill (H. It. 11580) providing for the thereon. purchase of a site and the erection of a public building thereon at Weatherford, Okla.; to the Committe-e on Public Buildings LE.l YE OF ABSE.."\ CE. and Grounds. lUr. . Mr. Speaker, I ask unanimous consent that By Mr. FORD:i.\'EY: A bill (H. R. 115~1} to provide .for the 1ea\e of absence for the day be given mr colleague, Mr. JoHN­ national secruity and defense by encouragmg the production antl so~ of -nT ashington, on account of illness. refining of graphite (plumbago, sil\ei' ~ead) ores in the United The SPEAKER. Is there objection? [After a pause.] The States and its possessions, and to proVJ.de revenue for the Gov­ Cl1ttir hears none. ernment of the United States; to the Committee on Ways and ADJO'Cn~ME:XT. Means. _ . By ·1\lr. STEE~ERSON: A bill (H. R. 11uSZ) re'latrng to. Mr. SNY"DBTI. Mr. Speak-er, I move that the House do now third-class mail matter; to the Committee on U1e Po t Office antl adjourn. , Post Roads. '£he motion 1rns agreed to; accordingly (at 4 o clock and 26 By 1\fr. STOLL : A bill (H. R. 11583) for th~ purchusc of .a. minutes p. m.) 1iw House adjourned· until Friday, .January 9, post·office site at Mullins, S. C.; to the Comrruttee on Public 1!>20, at 12 o'clock noon. Buildings and Grounds. !}246 CONGRESSIONAL RECORD-SENA .. TE. JANUAJiY 9,

    By Mr. ~AHN: A bill (H. R. 11584) to authorize the Secre­ 732. By 1\fr. MAcGREGOR: Petition of City Council of the tary of the Treasury to cause to be erected a suitable building City of Buffalo, regarding the high cost of living; to the Com­ or buildings for marine hospital purposes on the present marine mittee on Ways and 1\feans. hospital site at San Francisco, Calif., and to remove all or any 733. Also, petition of F. A. Dirnberger, secretary of the Buf­ of the present structures on said site; to the Committee on Public falo Flour Club, favoring the return of the railroads to their Buildings and Grounds. owners; to the Committee on Interstate and Foreign Commerce. By Mt·. HUDSPETH: A bill (H. R. 11585) to amend the 734. By Mr. 1\fcGLENNON: Petition of Chamber of Com­ Federal plant quarantine act of August 20, 1912, so as to provide merce of Bayonne, N. J., regarding the return· of the railroads that all expenses incident to the fumigation of importations be to their owners; to the Committee on Interstate and Foreign paid by the United States Government; to the Committee on Commerce. Agriculture. 735. By Mr. 1\IEA.D: Petition of George S. Buck, mayor of By Mr. STEENERSON: Resolution (H. Res. 433) authorizing the city of Buffalo, N. Y., regarding the Lever food and fuel the consideration of certain new legislation in H. R. 11578, a control act ; to the Committee on Agriculture. bill making appropriations for the support of the Post Office 736. Also, petition of Daniel J. Sweeney, city clerk of Buffalo, Department.:for the fiscal year 1921; to the Committee on Rules. N. Y., regarding the Lever food and fuel control act; to the By Mr. EDMONDS: Concurrent resolution (H. Con. Res. 43) Committee on Agriculture. - requesting the President of the United States to reopen certain 737. By Mr. O'CONNELL: Petition of the New York State cases where men in military service were imprisoned during Forestry Association, favoring increased appropriation for the war; to the Committee on Military Affairs. United States Forest Service; to the Committee on Agriculture. 738. By Mr. RAKER: Petition of Lodge No. 743, Brotherhood of Railway Trainmen, protesting against the Cummins bill and PRIVATE BILLS AND RESOLUTIONS. indorsing the Esch bill with the Anderson amendment; to the Under clause 1 of Rule XXII, private bills and resolutions Committee on Interstate and Foreign Commerce. were introduced and severally referred as follows: 739. Also, petition of California Manufacturers' Association, By Mr. ASHBROOK: A bill (H. R. 11586) for the relief of in connection with a revision of the antitrust laws; to the Com­ Frederick Salzman ; to the Committee on Military Affairs. mittee on Revision.of the Laws. By l\1r. BRUMBAUGH: A bill (H. R. 11587) granting a pen­ 740. Also, petition of city council of Oakland, Calif., advocat­ sion to James H. Turner; to the Committee on Pensions. ing allocation of ore shipped to the Pacific coast for the Far Also, a bill (H. R. 11588) granting an increase of pension to Eastern trade; to the Committee on Naval Affairs. William Vollrath; to the Committee on Invalid Pensions. 741. Also, petition of Kern County Chamber of Commerce, By Mr. CASEY: A bill (H. R. 11589) granting an increase of Bakersfield, Calif., urging passage of House bill 10650, the pension to Mary C. Titman; to the Committee on Invalid Pen­ Davey sedition bill; to the Committee on the Judiciary. sions. 742. Also, petition of committee of engineers, architects, anu By Mr. DALLINGER: A bill (H. R. 11590) granting a pension allied professions of California, urging passage of Senate bill to Abbie Davis Morang; to the Committee on Pensions. 2232 and House bill 6649; to the Committee on Expenditures in By Mr. GARD: A bill (H. R. 11591) granting a pension to the Interior Department. James Bartram; to the Committee on Invalid Pensions. 743. Also, petition of Union Hardware & Metal Co., of Los By Mr. HILL: A bill (H. R. 11592) granting a pension to Angeles, Calif., urging support of the Kettner bill (H. n. 6044) ; 1\Iary Benson; to the Committee on Invalid · Pensions. to the Committee on Railways and Canals. By 1\lr. JOHNSON of Kentucky: A bill (H. R. 11593) granting 744. Also, petition of Los An~eles County Farm Bureau, of an increase of pension to Sarah E. Totten; to the Committee California, urging support of the Kenyon and Hersman bills ; on Invalid Pensions. to the Committee on Agriculture. By l\fr. KEARNS: A bill (H. R. 11594) for the relief of John 745. Also, petition of County Farm Bureau, of Los Ang~les 1\I. Higgins; to the Committee on War Claims. County, Calif., urging appropriation of $25,000 for the investiga­ Also, a bill (H. R. 11595) granting an increase of pension to tion and suppression of certain pests in the pecan industry; to Isaac Edgington ; to the Committee on Invalid Pensions. the Committee on Agriculture. Also, a bill (H. R. 11596) granting an increase of pension to 746. Also, petition of California Manufacturers' Association, of Gurney E. Hall ; to the Committee on Invalid Pensions. Oakland, Calif.; indorsing the la.bor provisions of the Cummins By l\Ir. 1\IcKENZIE: A bill (H. R. 11597) granting a pension bill; to the Committee on Interstate and Foreign Commerce. to John C. Prestin; to the Committee on Pensions. 747. By Mr. RANDALL of Wisconsin: Petition of citizens of By l\1r. l\lONAHAN of Wisconsin: A bill (H. R. 11598) grant­ Oconomowoc, 'Vis., urging two years' extension of Government ing an increase of pension to George B. Pearl; to the Committee control of the railroads ; to the committee of conference on the on Invalid Pensions. Esch and Cummins bills. By 1\lr. PELL: A bill (H. R. 11599) for the relief of Peter A. 748. Also, resolution of the Wisconsin Game Protective Associ­ Kearney ; to the Committee on Claims. ation, indorsing House bill 8939; to the Committee on the l\ler- Also, a bill (H. n. 11600) for the relief of 1\Irs. Gussie Husak; chant Marine and Fisheries. · to the Committee on Claims. 749. Also, resolution of citizens of Clinton, Wis., urging the By 1\lr. STEPHENS_of Ohio: A bill (H. R. 11601) granting a revenue act of 1918 be modified to exempt Chautauqun tickets pen ion-to George W. Keith; to the Committee on Pensions. from taxation; to the Committee on 'Vays and Means. 750. By 1\Ir. WOODYARD: Petition of Huntington Post, No. 1u, American Legion, Huntington, W. Va., pledging its organiza­ PETITIONS, ETC. tion to the maintenance of law and order in the United States of America; to the Committee on l\Iilii:.o'lry Affairs. Under claul';e 1 of Rule XXII, petitions and papers were laid on the Clerk's desk and referred as ·follows : 726. By the SPEAKER (by request): Petition of National Lumber Council of the National Lumber Manufacturers' Asso­ SENATE. ciation, urging a revision of the antitrust acts; to the Committee on the Judiciary. . FRIDAY, January 9, 19~0. 72'7. Also (by request), petition of State board of trustees of the Anti-Saloon League of Illinois, regarding war-time prohibi· The Chaplain, Rev. Forrest J. Prettyman, D. D., offered the tion; to the Committee on the Judiciary. follo·wing prayer : 728. Also (by request), petition of acting secretary of the Almighty God, in this restless age of ours, appealing to the Florida State Nurses' Association, favoring Senate bill1737 and highest powers of constructive statesmanship, we do not forget House bill 2492, to secure relative ranlr for Army nurses; to the the North Star that has guided safely our fathers over all the Commi ttce on 1\fili tary Affairs. troubled waters of the past. Thy 'Vord, unchanging, eternal, 729. By 1\lr. ASHBROOK: Petition of Chamber of Commerce divine, we look to it for our guide, and pray that Thou wilt of l\Iansfield, Ohio, fayoring House bill 10650; to the Committee give to us the inspiration of heart to know Thy Word, to read on the Judiciary. Thy will, to follow Thy commandments, to build upon the 730. By 1\lr. JAMES: Petition of Marquette Lodge, No. 405, foundations that Thou hast laid down for us. Do Thou bless Marquette. Mich., favoring the deportation of I. W. W. and other us in this divine enterprise. For Christ's sake. Amen. disloyal organizations; to the Committee on Foreign Affairs. 731. By Mr. LONERGAN: Petition of Chamber of Com­ On request of Mr. Gti"BTIS and by unanimous consent, the merce of Waterbury, Coun., favoring the treaty and the league reading of the Journal of yesterday's p_rqceedings was dis­ of nations; to the Committee on Foreign Affairs. pensed with and the Journal was approved.