1908. OONGRESSION AL RECORD-SENATE. 59

By 1\Ir. FULLER: Petitions of Byron Hewitt, of Rockford, ferred to the Committee on Inavlid Pensions)-to the Committee Ill., and G. W. Rohr and Malcolm Bruner, favoring Fuller bill on Military Affairs. (H. R. 19250), to establish volunteer officers' retired list-to the Also, papers to accompany bills for relief of estate of Daniel Committee on Military Affairs. C. Yarnell, Mary A. Henderson, Hampton Hudgens, and Cas­ By Mr. GRAHAM: P aper to accompany bill for relief of Al­ andra Smith-to the Committee on War Claims. bert E. Beatty-to the Committee on Invalid Pensions. By Mr. OVERSTREET: Paper to accompany bill for relief Also, petition of citizens of Pennsylvania, favoring the Tirrell of Edward Ayres-to the Committee on Invalid Pensions. bill (H. R. 12405) and the Bacon bill (S. 5151), to prohibit By Mr. PADGETT: Paper to accompany bill for relief of liquor selling in Hawaii, etc.-to the Committee on the Ju- estate of Banks C. Mills-to the Committee on War Claims. diciary. · By l\fr. PARSONS: Petition of citizens of New York City, By Mr. BAGGOTT: Petition of citizens of Colorado, against asking legislation to provide pensions for the S. 3940 (religious legislation in the District of Columbia)-to Military Telegraph Corps of the United States Army during the Committee on the District of Columbia. civil war-to the Committee on Invalid Pensions. By Mr. HAMILL: Petition of citizens of Hudson County, By Mr. PRAY: Petition of citizens of Montana, for law to N. J., for legislation pensioning United States military teleg­ pension members of United States Telegraphers' Union in civil raphers who served in the civil war-to the Committee on In­ war-to the Committee on Invalid Pensions. Talid Pensions. Also, petition of Butte Stationary Engineers' Local Union, No. By Mr. HARDWICK: Petition of Chamber of Commerce of 83, for legislation empowering investigation of the Treadwell Augusta, Ga., favoring Senate bill 4825, for forest reservations Mining Company-to the Committee on Mines and Mining. in White Mountains and Southern Appalachian Mountains-to By Mr. ROBINSON: Papers to accompany bills for relief of the Committee on Agriculture. Mrs. M. A. Hibbard, heirs of Azriah Mitchell, and trustees of By Mr. HASKINS: Petition of· John L. Bacon and others, Pleasant Hill Baptist Church-to the Committee on War Claims. of White River Junction, Vt., for legislation pensioning mem­ By Mr. RYAN: Papers to accompany bills for elief of Wil­ bers of the United States Telegraph Corps in the civil war-to liam H. Eldridge, Charles H. Rice, and William Fay-to the the Committee on Invalid Pensions. Committee on Invalid Pensions. Also, petition of C. A. Thomson and others, of Windham By Mr. SHERMAN: Paper to accompany bill for relief of County, Vt., against S. 3940 (Sunday observance in the Dis­ George E. Olcott-to the Committee on Invalid Pensions. . trict of Columbia)-to the Committee on the District of Co­ By Mr. SMITH of Michigan: Petition of William H. 'l'aylor lumbia. and 73 others, against H. R. 4897, providing for religious legis­ By Mr. HOWELL of New Jersey: Paper to accompany bill lation in the District of Columbia-to the Committee on the for relief of Combs Hendrickson-to the Committee on Invalid District of Columbia. Pensions. By Mr. TIRRELL: Petition of Moses C. Davis and others, Also, petition of Atlantic Terra Cotta Company, of Rocky against S. 3940, for religious legislation for the District of Hill, N. J., favoring removal of duty on plaster-to the Com­ Columbia-to the Committee on the District of Columbia. mittee on Ways and Means. Also, petition of Katherine Hall and others, fa,oring H. R. ·Also, petition of residents of Matawan, N. J., for improvement 18445, for methods of treatment of tuberculosis-to the Com­ of Matawan Creek-to the Committee on Rivers and Harbors. mittee on Interstate and Foreign Commerce. By Mr. HOWELL of Utah: Petition of Governor Cutler and Also, petition of C. A. Cross & Co., favoring removal of duty other citizens of Utah, favoring a volunteer officers' retired on raw and refined sugar-to the Committee on Ways and Means. list-to the Committee ~n Military Affairs. Also, petition of candy manufacturers of Provo, Utah, for By Mr. WEISSE: Petition of citizens of Wisconsin, against reduction of tariff on chicle and other materials used in manu­ a parcels-post law-to- the Committee on the Post-Office and facture of candy-to the Committee on Ways and Means. Post-Roads. By Mr. HUBBARD of West Virginia: Paper to accompany bill for relief of Elizabeth F. Brubaker-to the Committee on SENATE. Invalid Pensions. By 1\fr. KIMBALL: Petition of sundry citizens of Lexington, WEDNESDAY, December 9, 1908. Ky., asking that the act of June 27, 1890, relative to pensions The Senate met at 12 o'clock m. be amended-to the Committee on Invalid Pensions. Prayer by the Chaplain, Rev. Edward E. Hale. By Mr. KNAPP: Paper to accompany bill for relief of Free­ Mr. ALBERT J. BEVERIDGE, a Senator from the State of Indiana, man C. Moshier-to the Committee on Invalid Pensions. appeared in his seat to-day. By Mr. LEE: Papers to accompany bills for relief of David The Secretary proceeded to read the Journal of yesterday's E. Tatum, heirs of Noah Fugate, estate of Howell Tatum, and proceedings, when, on request of Mr. KEAN, and by unanimous heirs of John W. Gilliam-to the Committee. on War Claims. consent, the further reading was dispensed with. By Mr. LEVER : Petition of Columbia ( S. C.) Chamber of The VICE-PRESIDENT. The Journal stands approved. Commerce, favoring H. R. 10457, for forest reservations in White Mountains and Southern Appalachian Mountains-to the REPORTS OF SECRETARY OF THE SE N ATE. Committee on Agriculture. The VICE-PRESIDENT laid before tp.e Senate a communi­ By Mr. LOUD: Petition of citizens of Twining, Mich., against cation from the Secretary of the Senate, transmitting, pursuant S. 3940 (Sunday observance in the District of Columbia) -to to law, a full and complete statement of the receipts and ex­ the Committee on the District of Columbia. penditures of the Senate of public moneys in his possession from July 1, 1907, to June 30, 1908, which, with the accompanying By Mr. McKINLEY of Illinois: Petition of citizens of Sado­ papers, was ordered to lie on the table and be printed. rus, Ill., against the passage of S. 3940, entitled "An act for He also laid before the Senate a communication from the Sec­ the proper observance of Sunday as a day of rest in the District retary of the Senate, transmitting a full and complete account of Columbia"-to the Committee on the District of Columbia. of all property, including stationery, belonging to the United By Mr. MANN: Memorial of Illinois Manufacturers' Asso­ States in his possession on the 7th day of December, 190S, which, ciation, adopted to discouraging measures tending to aggravate with the accompanying paper, was ordered to Jie on the table agitation against corporate interests, etc.-to the Committee on and be printed. Interstate and Foreign Commerce. REPORTS OF SERGEANT-AT-ARMS. Also, petition of retail shoe merchants in Chicago, against duty on hides-to the Committee on Ways and Means. The VICE-PRESIDENT laid before the Senate a communica­ Also, petition of Arche Club, of Chicago, praying for the estab­ tion from the Sergeant-at-Arms of the Senate, transmitting a lishment of the White Mountain and Appalachian Mountain statement of the receipts from the sale of condemned property Forest Reserve-to the Committee on Agriculture. in his possession since December 2, 1907, which, with the ac­ Also, paper to accompany bill for relief of Alfred C. Hawley­ companying paper, was ordered to lie on the table and be to the Committee on Invalid Pensions. printed. Also, petition of Patent Law Association, of Chicago, favoring He also laid before the Senate a communication from the increase of salaries of federal judges-to the Committee on the Sergeant-at-Arms of the Senate, giving a full and complete ac­ Judiciary. count of all property belonging to the United States in his possession on December 7, 1908, which, with the accompanying By Mr. MILLER: Petition of citizens of Emporia, Kans., paper, was ordered to lie on the table and be printed. against S. 3940 (Sunday observance in the District of ~ lumbia)-to the Committee on the District of Columbia. ANNU.AL REPORT OF THE PUBLIC PRINTER. By Mr. MOON of Tennessee: Papers to accompany bills for The VICE-PRESIDENT laid before the Senate the annual relief of Joshua E. Carlton and Susan A. Rail (previously re- report of the Public Printer, showing the operations of the Gov- ~ 60 CONGRESS! ON AL RECORD-SENATE. DEOEMBER 9,

ernment· Printing Office for the fiscal year ended June 30, 1908, with the accompanying paper, was referred to the Committee which was referred to the Committee on Printing. on the District of Columbia and ordered to be printed.

CONSOLIDATION OF POWER PLA.NTS. El~DOWMENT OF AGRICULTURAL COLLEGES. The VICE-PRESIDENT laid before the Senate a communica­ The VICE-PRESIDENT laid before the Senate a communica­ tion from the Secretary of the Navy, transmitting, pursuant to tion from the Secretary of the Interior, transmitting, pursuant law, reports as to the amount of money expended on consolida­ to law, a report of the disbursements for the fiscal year ending tion of power plants since the authorization for such consolida­ June 30, 1909, made in the States and Territories, providing tion was given, etc., in detail for each navy-yard in the country, for an increase in the annual appropriations for the endowment etc., which, with the accompanying paper, was referred to the and support of agricultural colleges and the mechanic arts, Committee on Naval Affairs and ordered to be printed. which, with the accompanying paper, was referred to the Com­ CONSTRUCTION AND REPAIR OF VESSELS. mittee on Agriculture and Forestry and ordered to be printed.. The VICE-PRESIDENT laid before the Senate a communica­ tion from the Secretary of the Navy, transmitting, pursuant to MARITIME CANAL COMPANY OF NICARAGUA. law, a report relative to the vessels which will require general The VICE-PRESIDENT laid before the Senate a communica­ overhauling to the extent of $200,000 or more during the fiscal tion from the Secretary of the Interior, h-ansmitting, pursuant year ending June 30, 1910, which, with the accompanying paper, to law, the- annual report of the Maritime Canal Company of was referred to the Committee on Naval Affairs and ordered to Nicaragua, which, with the accompanying paper, was referred be printed. to the Committee on Interoceanic Canals and ordered to be EMPLOYEES OF WAR DEPARTMENT. printed. The VICE-PRESIDENT laid before the Senate a communi­ LAWS OF PORTO RICO. cation from the Secretary of War, transmitting, pursuant to The VICE-PRESIDENT laid before the Senate a communica­ law, a. statement showing what officers or employees of the War tion from the Secretary of the Intelior, transmitting one copy Department have traveled on official business from Washington each of the journals of the executive council of Porto Rico for to points outside of the District of Columbia during the fiscal the second session of the fourth legislative assembly and of year ending June 30, 1908, etc., which, with the accompanying the house of delegates and the executive council for the extraor­ paper, was referred to the Committee on Appropriations and dinary session of the fourth legislative assembly, which was ordered to be printed. referred to the Committee on Pacific Islands and Porto Rico. EMPLOYEES OF INTERIOR DEPARTMENT. EXPENDITURES OF DEPARTMENT OF AGRICULTURE. The VICE-PRESIDENT laid before the Senate a communi­ The VICE-PRESIDENT laid before the Senate a communica­ cation from the Secretary of the Interi01·, transmitting, pursuant tion from the Secretary of Agriculture, transmitting, pursuant to law, a statement showing what officers or employees of the to law, a detailed statement of the expenditures of the Depart­ Secretary's office, etc., have traveled on official business ment of Agriculture for the fiscal year ended June 30, 1908, from Washington to points outside of the District of Columbia which, with the accompanying papers, was referred to the Com­ during the fiscal year ending June 30, 1908, which, with the ac­ mittee on Agriculture and ordered to be printed. companying paper, was referred to the Committee on Appropri­ TBA. VEL OF AGRICULTURAL DEPARTMENT EMPLOYEES. ations and ordered to be printed. The VICE-PRESIDENT laid before the Senate a communica­ PATENTS OBTAINED BY OFFICERS AND EMPLOYEES. tion from the Secretary of Agriculture, transmitting, pursuant The VICE-PRESIDENT laid before the Senate a communi­ to law, a statement showing in detail the travel from Washing­ cation from the Secretary of the Navy, transmitting, in re­ ton to points outside of the District of Columbia performed by sponse to a resolution of February 2, 1907, a list of the officers officers and employees of the Department of Agriculture during and employees of the Navy Department who have obtained pat­ the fiscal year 1908, which, with the accompanying papers, was ents in the United States or- in foreign countries for inventions referred to the Committee on Appropriations and ordered to be during their services, etc., which, with the accompanying pa­ printed. per, was referred to the Committee on Naval Affairs and or­ TRAVEL OF EMPLOYEES OF CONGRESSIONAL LIBRARY. dered to be printed. The VICE-PRESIDENT laid before the Senate a communica­ RAPID CITY (MICH.) INDIAN SCHOOL. tion from the Librarian of Congress, transmitting, pursuant to law, a statement of officers or employees of the Library of Con­ The VICE-PRESIDENT laid before the Senate a communica­ gress who have h-aveled on official business from Washington tion from the Commissioner of Indian Affairs, transmitting, to points outside of the District of Columbia during the fiscal pursuant to law, a report relative to the improvement of the year 1907-8, which, with the accompanying papers, was re­ water system at the Rapid City Indian School, Michigan, etc., ferred to the Committee on Appropriations and ordered to be which, with the accompanying paper, was referred to the Com­ printed. mittee on Indian Affairs and ordered to be printed. ANNUAL REPORT OF LIBRARIAN OF CQNGRESS. NONRESERVATION INDIAN SCHOOLS. The VICE-PRESIDENT laid before the Senate the annual The VICE-PRESIDENT laid before the Senate a communica­ report of the Librarian of Congress, together with the annual tion from the Commissioner of Indian Affairs, transmitting, report of the Superintendent of the Library building and pursuant to law, a statement with respect to the possibility of grounds for the fiscal year ending June 30, 1908, which was re­ disposing of any nonreservation Indian schools which, in his ferred to the Committee on the Library and ordered to be judgment, are no longer of value to the Indian Service, etc., printed. which, with the accompanying papers, was referred to the Com­ mittee on Indian .A.ffairs and ordered to be printed. SPRINGFIELD (MASS.) ARMORY AND ROCK ISLAND (ILL.) ARSENAL. The VICE-PRESIDENT laid before the Senate a communica­ MARE ISLAND STRAITS. tion from the Secretary of War, transmitting, pursuant to law, The VICE-PRESIDENT laid before the Senate a communica­ statements submitted by the Chief of Ordnance, United States tion from the Secretary of the Navy, transmitting, by direc­ Army, of the expenditures, and of arms, components or arms tion of the President, the report of the board of army and and appendages fabricated, altered, and repaired during the navy officers appointed to investigate the question of the fiscal year ended June 30, 1908, at the Springfield Armory, . hydraulics of the Mare Island Straits and approaches thereto, Springfield, Mass., and at the Rock Island Arsenal, Rock Island, etc., which, with the accompanying papers and illustrations, Ill., which, with the accompanying papers, was referred to the was referred to the Committee on Naval Affairs and ordered to Committee on Military Affairs and ordered to be printed. be printed. ANNUAL REPORT OF SECRETARY OF THE TREASURY. ANNUAL REPORT OF COMMISSIONERS OF DISTRICT OF COLUMBIA. The VICE-PRESIDENT laid before the Senate the annual The VICE-PRESIDENT laid before the Senate the annual report of the Secretary of the Treasury for the fiscal year ended report of the Commissioners of the District of Columbia for June 30, 1908, which was referred to the Committee on Finance the fiscal year ended June 30, 1908, which was referred to the and ordered to be printed. the Committee on the District of Columbia. and ordered to be LIST OF JUDGMENTS. prin~oo. The VICE-PRESIDENT laid before the Senate a communi­ GOVERNMENT HOSPITAL FOR THE. INSANE. cation from the chief clerk of the Court of Claims, transmitting, The VICE-PRESIDENT laid before the Senate a communi­ pursuant to law, a statement of all judgments rendered by that cation from the Secretary of the Interior, transmitting the court for the year ended December 5, 1008, which, with the ac­ annual report of the superintendent of the Government Hospital companying paper, was referred to ·the Committee on Claims .for the Insane for the fiscal year ended June ao, 1908, which, and ordered to be printed. 1908. CONGRESS! ON AL -RECORD-SENATE. 61

FRENCH SPOLIATION CLAIMS. In the canse of the trustees of the Methodist Episcopal Church of Macon, Mo., v. The United States; The VICE-PRESIDENT laid ·before the Senate .a n Claims In the -cause of Eliza Lethers, adminis.tratrL'( of Alfred Leth­ and -ordered t<> be printed. ers, deceased, v~ The United States. He also laid before the :Senate a communication from the The foregoing .findings were, with the accompan,ying papers, assistant clerk of the Court of Ghl.ims, transmitting the con­ referred to the Committee on Claims and ordered to be printed. clusions of f-act and of law filed under the act of J"anua1·y 20, 1885, in the Frene-h spoliation claims, -set OUt in the annexed NATI<>NAL .MONETARY COMMISSION. findings by the court relating to the vessel brig A.talanta, The VICE-PRESIDENT reported that he had appointed Ron. Stephen Griffith, master, which, with the accompanying paper, A. J. HoPKINS to be a member on the part of the ::;enate of the was referred to the Committee on Claims and ordered to be National Monetary Oommission to fill the vacancy caused by printed. the death of Hon. William B. Allison. He also laid before the Senate communications from the CBEDENTIALS. ns istant clerk of the Court of Cl-aims, transmitting the findings Mr. FOSTER presented the credentials of SAMUEL D. Me- of fact and conclusions of law filed under the act of January 20, ENERY, chosen by the legislature of the State of Louisiana a 1 85, in the French spoliation .claims ·set out in the annexed Senator from that State for the term beginning March 4, ~909; findings by the court in the following causes: which were read and ordered to be filed. In the cause of the vessel schooner Betsey, James Peterson, Mr. PAGE presented the credentials of WILLIAM P. DILLINcG- master; . . . HAM, chosen by the legislature of the State of a Sena- In the cause of the vessel br1g LitHe Sawh, John Russell, tor from that State for the term commencing March 4 1909 · master; . ' ' In the cause of the \essel brig Ariel, John Griffis, master; I whlch were read and ordered to be ~ed. In the cause of the vessel schooner Aflantio, Ebenezer Stan- Mr. MOI\TEY presented. the credentials of JoHN ~H.~RP. "W_TL- ton master. LIAMS, chosen by the legislatlll·e _of the Stat~ of MISSlSSIPPI a I~ the ca'use -of the vessel schooner Roebuck, Simon Kins- Sell:ator from that State for the term commencrng l\Iarch 4, ~911; man, master; - which were read -and ordered to be filed. In the cause of the vessel ship Antelope, B. Hil1ar_, master; MESSAGE FROM THE HOUSE. In the can e of the vessel schooner Unity, Samuel Caznean, A message from the House of Representatives, by Mr. W. J. master; Browning, its Chief Clerk, announced that the House insists In the ·cause of the vessel schooner Hope, Tarbox Moulton, upon its amendments disagreed to by the Senate, to the bill master ; ( S. 5083) to amend section .1 .of the passenger act of 1.882 ; agrees In the cause of the vessel snow Ro-ver, Wilson Jacobs, master; to the conference asked for by the .Senate on the disagreeing In the cause of the v-es el schooner Swift, Joseph McCammon, votes of the two Houses thereon, and had appointed Mr. HowELL master· of New Jersey, Mr. BENNET <>f New York, and Mr. BURNETT of In th~ cause of the \ec::sel ship C01nrnerce, John Jones, master; Alabama managers at the conference on the part of the H-ouse. In the cause of the \essel ship Fame, John Rust, rna ter; The message also announced- that the Hou~e insists upon its In the cause of the vessel ship 1J1e1·cury, S-amuel Gilpatrick, disagreement to the amendment of the Senate No. 5 to the master; bill ("H. R. 21052) to amend sections U and 13 of an act en- In the cause of the vesse1 brig Neptune, Seth Burnham, titled "An act to establish a Bureau of Immigration and master; Natm·alization and to provide uniform rule for the naturaliza- In the cause of the yessel sloop SaUy, William Smith, master; tion throughout the United States;" agrees to the conference In the -cause of the vessel schooner ReUance, Joseph Chandler, asked for by the Senate on the disagreeing votes of the two master; and Houses thereon, and had appointed Mr. HowELL of New Jersey, In the causes of the >essels ships KapzJeret·, Blom, master; :Mr. BENNET of New York, and Mr. BURNETT of Alabama man­ brig Young F-rederick, Harder, master; ship Columbia Fo·rtuna, agers at the conference on the part of the House. Pa\erick, master; snow Gluckstern, Pagels, master; snow Fin The message further announced that the House insist upon Masken, Jorgenson, master. its amendment to the amendment of the Senate to the bill The foregoing findings were, with the accompanying papers, (H. R. 13851) pr<>viding for the purchase of a site -and the referred to the Committee on Claims and ordered to be printed. erection of a new immigration station thereon at the city of Boston, Mass.; ngrees to the conference asked for by the Sen­ LINNEKIN V. THE UNITED STATES. ate on the disagreeing \otes of the two Houses thereon, and The VICE-PRESIDENT laid before the Senate a communica­ had appointed Mr. HowELL of New Jersey, l\!.~. FRENCH of tion from the chief justice of the Court of Claims, requesting Idaho, and Mr. BURNETT of Alabama managers at the confer­ tbat the finding of facts, etc., in the ca e of Linnekin v. 'l11e ence on the part <>f the House. United States, etc., be returned to the Court of Claims for fur­ PETITIONS AND MEMORIALS. ther consideration, which was referred to the Committee on The VICE-PRESIDENT presented a petition of the Chamber Claims and ordered to be printed. of Commerce of Missoula, 1\Iont., and a petition of the Chamber DISMISSAL OF CASES BY COURT OF CLAIMS. of Commerce of Spokane, Wash., praying for the enactment Tbe VICE-PRESIDENT laid before the Senate a communica­ of legislation to increase the salaries of the judges of the cir­ tion from the a sistant clerk of the Court of Claims, transmit­ cuit and district courts of the United States, which were re­ ting a list of congressional cases dismissed on motion of defend­ ferred to the Committee on the Judiciary. ants l\Iay 14, 1908, for nonproEecution, which, with the accom­ He also presented a petition <>f the city council of Clinton, panying papers, was referred to the Committee on Claims and Iowa, praying that an annual appropriation of $2,000,000 be ordered to be printed. made for the improvement of the Mississippi Ri\er, which was He also laid before the Senate a communication from the referred to the Committee on Commerce. assistant clerk of the Court of Claims, transmitting a list of He also presented a petition of the Republican State Con­ cm1gressional ~ses dismissed on motion of the defendants No­ \ention of the State of Washington, praying for the enactment vember 16, 1908, for nonprosecution, which, with the accompany­ of legislation authorizing the Interstate Commerce Commission ing paper, was referred to the Committee on Claims and ordered to in\estigate advances in freight rates before becoming to be printed. effecti\e, which was referred to the Committee on Interstate Commerce. FINDINGS OF THE COURT OF CLAIMS. He also presented resolutions of the Trans-Mississippi Com­ The VICE-PRESIDENT laid before the Senate communica­ mercial Congress, favoring the enactment of legislation ;Jro\id­ tions from the assistant clerk of the Com·t <>f Claims, transmit­ ing for the impro\ement .of the rivers, harbors, and canals: of ting certified copies of the findings of fact filed by the court in the country, which we~·e referred to the Committee on Com­ the following causes: merce. In the cause of Esther H. Kautz, executrix of Albert Kantz, Mr. PLATT presented a petition of sundry citizens of the deceased, -v. The United States; State of New Y-ork, praying for the enactment of legislation In the cause of J._.A.. Shackleton v. The United States; granting pensions to the surviving members of the United 62 CONGRESSIONAL RECORD-·SENATE. DECEMBER 9,

States Military Telegraph Corps who served in the civil war, Mr. WARREN presented a petition of sundry surviving offi­ which was referred to the Committee on Pensions. cers of the civil war, of the State of Wyoming, praying for the He also presented a memorial of J. F. Bingham Lodge, No. enactment of legislation to create a volunteer retired list in the 15-5, Brotherhood of Locomotive Firemen, of New York City, War and Navy Departments for the surviving officers of the N. Y., remonstrating against the adoption of certain proposed civil war, which was referred to the Committee on Military amendments to section 42 of the so-called "passenger act" of Affairs. 1882, which was ordered to lie on the table. He also presented petitions of sundry citizens of the State of He also presented a petition of the Army and Navy Union Wyoming, praying for the enactment of legislation to create of the United States of America, praying for the enactment of an industrial commission to investigate the condition of mines legislation providing for the retirement of petty officers and on Douglas Island, Alaska, which were referred to the Com­ enlisted men of the United States Navy, which was referred to mittee on Mines and Mining. the Committee on Naval Affairs. Mr. WETMORE presented a petition of Local Lodge No. 119, He also presented a petition of the New York County Law­ International Association of Machinists, of Newport, R. I., pray­ yers' Association, praying for the enactment of legislation to ing for the enactment of legislation requiring the application increase the salaries of circuit and district judges, which was of an illiteracy test to immigrants, and remonstrating against referred to the Committee on the Judiciary. any further modification of the present immigration law, which He also presented a petition of sundry members of the Vet­ was referred to the Comniittee on Immigration. eran Army of the , praying for the enactment of 1\fr. CARTER presented petitions of sundry citizens of Bil­ legislation permitting the Army, Navy, and Marine Corps of the lings, Mont., praying for the enactment of legislation to extend United States serving in the Philippines to observe August 13 the time until May 1, 1909, to homesteaders in which to estab­ as a legal holiday, to be known as "Occupation Day," which lish residence thereon in that State, which were referred to the was referred to the Committee on Military Affairs. Committee on Public Lands. Ur. FRYE presented a petition of the Commandery of the Mr. SCOTT presented a petition of sundry citizens of Thomas, State of Maine, Military Order of the Loyal Legion of the W. Va., praying for the enactment of legislation whereby mem­ United States, of Portland, Me., praying for the enactment of bers of the United States Military Telegraph Corps, of the legislation to create a volunteer retired list in the War and United States Army, may be placed on a parity as regards pen­ Navy departments for the surviving officers of the civil war, sion and homestead rights with soldiers of the other arms· of the which was referred to the Committee on Military .Affrurs. service, which was referred to the Committee on Pensions. He also presented a petition of the Bar Association of Penob­ He also presented a petition of the chamber of commerce of scot County, 1\Ie., praying for the enactment of legislation to Huntington, W. Va., and a petition of the board of trade of increase the salaries of circuit and district court judges, which Clarksburg, W. Va., praying for the enactment of legislation was referred to the Committee on the Judiciary. providing· for the establishment of the Appalachian-White Mr. GALLINGER presented a petition of the New Hampshire Mountain National Forest Reserve, which were ordered to lie on Federation of Labor, of Keene, N. H., praying for the enact­ the table. ment of legislation providing for a modification of the Sherman Mr. HOPKINS presented a memorial of the Illinois Manu­ antitrust law relative to injunctions, which was referred to the facturers' Association, remonstrating against the enactment of Committee on the Judiciary. any legislation tending to continue or aggravate the agitation He also presented a petition of the International Order of against corporate interests, which was referred to the Commit­ Good Templars, of Manchester, N. H., praying for the enact­ tee on Finance. ment of legislation to regulate the interstate transportation of Mr. NELSON presented a memorial of the Business Men's intoxicating liquors, which was referred to the Committee on Association, of Winona, Minn., remonstrating against the the Judiciary. passage of the so-called "parcel-post bill," which was referred He also presented a petition of the Paul Jones Club, of Ports­ to the Committee on Post-Offices and Post-Roads. mouth, N. H., praying that an appropriation be made to secure He also presented a petition of sundry citizens of St. Paul, a more suitable burial place for the remains of John Paul Jones, l\finn., praying for the enactment of legislation whereby mem­ which was referred to the Committee on .Appropriations. bers of the United States Military Telegraph Corps of the He also presented petitions of sundry citizens of Milford, United States Army may be placed on a parity as regards N. H., praying for the adoption of certain amendments to the pension and homestead rights with soldiers of the other arms so-called " Sherman antitrust law," which were referred to the of the service, which was referred to the Committee on Pen- Committee on the Judiciary. sions. · He also presented a petition of the New Hampshire Baptist Mr. SUTHERLAND (for Mr. WARNER) presented petitions Convention, of Concord, N. H., praying· for the enactment of of sundry citizens of St. Louis, Weston, and Kansas City, all . legislation to compel 311 railway companies to diminish as in the State of Missouri, praying for the enactment of legisla­ much as practicable the Sunday work of their employees, which tion granting pensions to the surviving members of the United was referred to the Committee on Interstate Commerce. States Military Telegraph Corps who served during the civil He also presented a memorial of the Columbia Heights Citi­ war, which were referred to the Committee on Pensions. zens' Association of the District of Columbia, remonstrating Mr. BURKETT presented sundry papers to accompany the against any change being made in the present form of govern­ bil1 (S. 5690) granting an increase of pension to Thomas S. ment of the District of Columbia, which was referred to the Wineteer, which were referred to the Committee on Pensions. Committee on the District of Columbia. He also presented sundry affidavits to accompany the bill He also presented a petition of sundry members of .the (S. 3214) granting a pension to John Kemmer, which were street cleaning department of the District of Columbia, pray­ referred to the Committee on Pensions. ing for the enactment of legislation to increase the salaries of He also presented an affidavit to accompany the bill (S.1090) certain employees of that department, which was referred to granting an increase of pension to Benjamin F. Dodd, which the Committee on Appropriations. was referred to the Committee on Pensions. He also presented petitions of sundry citizens of Washing­ He also presented an affidavit to accompany the bill (S.1121) ton, D. C., praying for the enactment of legislation providing granting an increase of pension to Horace Perry, which was for a high-pressure water system in that city, which were re­ referred to the Committee on Pensions. ferred to the Committee on .Appropriations. He also presented sundry affidavits to accompany the bill .Mr. CULLOM presented a petition of sundry officers of the ( S. 3211) granting an increase of pension to Charles F. 1\I . civil war, of the State of Illinois, praying for the enactment of Morgan, which were referred to the Committee on Pensions. legislation to create a volunteer retired list in the War and He also presented a petition of sundry citizens of Omaha, Navy Departments for the surviving officers of the civil war, Nebr., praying that the members of the Military Telegraph which was referred to the Committee on Military Affairs. Corps of the United States Army during the civil war be He also presented a petition of sundry citizens of Bureau, placed on the same basis as those who served in other branches Ill., praying for the enactment of legislation granting pensions to of the service, with regard to pension and homestead rights. the surviving members of the United States Military Telegraph which was referred to the Committee on Pensions. Corps who .served in the civil war, which was referred to the He also presented the petition of C. C. Jerome, of Lincoln, Committee on Pensions. Nebr., praying for a revision of the tariff on books, which 1\fr. HEYBURN presented petitions of Local Unions Nos. 66, was referred to the Committee on Finance. 45, 184, and 17, Silver City, Murray, Atlanta, and Wallace, He also presented a petition of the Comme... ·cial Club of Fre­ United Mine Workers of America, all in the State of Idaho, mont, Nebr., and a petition of the Bar Association of Dodge· praying that an investigation be made into the condition of County, Nebr., praying for the enactment of legislation to in­ mines operated by the Treadwell Mining Company, of Alaska, crease the salaries of United States circuit and district ju::Jges, which were referred to the Committee on Mines and Mining. which were referred to the Committee on . the Judiciary. 1908. CONGRESSIONAL RECORD-SENATE. 63

He also presented a petition of sundry citizens of Auburn, He also introduced a bill (S. 7276) providing for the improve­ Nebr., praying for the enactment of legislation granting pen­ ment, repair, and an addition to the public buildi.I).g at Pensa­ sions to the surviving members of the United States Military . cola, Fla., which was read twice by ·its title and referred to the Telegraph Corps who served during the civil war, which was Committee on Public Buildings and Grounds. . referred to the Committee on Pensions. Mr. McLAURIN introduced a bill (S. 7277) for the protec­ He also presented a petition of sundry members of the Vet­ tion of Marengo Bend, near Natchez, Miss., which was read eran Army of the Philippines, praying for the enactment of twice by its title and referred to the Committee on Commerce.­ legislation to establish August 13 as a national holiday in He also introduced a bill ( S. 7278) for the relief of Mary L. commemoration of the American occupation of the Philippines, Fitzgerald, which was read twice by its title and referred to which was referred to the Committee on Military Affairs. the Committee on Claims. Mr. GUGGENHEIM presented petitions of sundry citizens of Mr. FRYE introduced the following bills, which were sever-· Brookside, Coalcreek, and Garfield, all in the State of Colo­ ally read twice by their titles and, with the accompanying_ rado, praying that an investigation be made into the existing papers, referred to the Committee on Pensions : _ conditions of the Treadwell Mining Company of Alaska, which A bill (S. 7279) granting a pension to Carlos Dinsmore; . were referred to the Committee on Mines and Mining. A bill (S. 7280) granting an increase of pension to Josiah N. Mr. LONG presented a petition of sundry citizens of Wichita, Eastman; Kans., praying for the enactment of legislation granting pen­ A bill ( S. 7281) granting a pension to Elizabeth A. Nye; sions to the surviving members of the United States Military A bill ( S. 7282) granting an increase of pension to Rose E. Telegraph Corps who served during the civil war, which was Staples; referred to the Committee on Pensions. · A bill (S. 7283) granting an increase of pension to John He also presented a petition of sundry citizens of Haviland, Lang; Kans., praying for the enactment of legislation to reduce the A bill (S. 7284) granting an increase of pension to Richard expe11ses of the army and navy, which was referred to the Com­ Dearborn; mittee on Military Affairs. A bill (S. 7285) granting an increase of pension to Freeland· 1\Ir. FLINT presented a petition of the congregation of the Q. Andrews; First Baptist Church of Riverside, Cal., praying for the enact­ A bill ( S. 7286) granting an increase of pension to Rufus E. ment of legislation authorizing the Department of Commerce Rounds; and Labor to establish a permanent commission for the study A bill ( S. 7287) granting an increase of pension to John M. of the ehild-labor problem, which was referred to the Commit­ Bryant; tee on Education and Labor. A bill ( S. 7288) granting an increase of pension to Alonzo He also presented a petition of the Humboldt Chamber of Hill• . ' Commerce, of Eureka, Cal., praying that an appropriation be A 'bill (S. 7289) granting an increase of pension to Thomas made for repairing and extending the twin jetties at the en­ Storah; trance of Humboldt Bay, in that State, which was referred to A bill (S. 7290) granting an increase of pension to John the Committee on Commerce. French; Mr. CLAY. I present the petition of Chappel Winfrey, of A bill (S. 7291) granting an increase of pension to Emma T .. Dade County, Ga., with accompanying affidavits, praying that Nash; his war claim be referred to the Court of Claims· under the A bill (S. 7292) granting an increase of pension to Lucy Mc- provisions of the so-called " Tucker Act." The bill is pending Kusick; before the Committee on Claims, and I move that the petition A bill ( S. 7293) granting a pension to Emma K. ·Frank; and-affidavits be referred to that committee. A bill ( S. 7294) granting a pension to Susan B. Merrill; The motion was agreed to. A bill (S. 7295) granting an increase of pension to George P •. Mr. PERKINS presented a petition of the Humboldt Chamber Tucker; and of Commerce, of Eureka, Cal., praying that an appropriation be A bill (S. 7296) granting an increase of pension to John L. made for repairing and extending the twin jetties at the en­ Rushton. trance of Humboldt Bay, in that State, which was referred to Mr. FRYE introduced a bill ( S. 7297) to remove the charge of the Committee on Commerce. desertion from the record of Augustus W. Hawes, which was He also presented a petition of sundry citizens of Santa read twice by its title and, with the accompanying papers, re­ Cruz, Cal., praying for the enactment of legislation to place ferred to the Committee on Naval Affairs. members of the Military Telegraph Corps who served in the Mr. GALLINGER introduced a bill (S. 7208) to amend an act civil war on a parity with soldiers of the service in respect to entitled "An act to establish a Code of Law for the District of pensions and homestead rights, which was referred to the Columbia," approved March 3, 1901, which was read twice by Committee on Pensions. its title and, with the accompanying paper, referred to the Com­ Mr. FORAKER presented petitions of sundry citizens of Ripley mittee on the District of Columbia. and Toledo, in the State of Ohio, praying for the enactment He also introduced a bill ( S. 7299) to resubdivide squares of legislation whereby members of the United States Military 37 and 38 of C. Wilhelmina Dobbins's addition to the city of Telegraph Corps of the United States Army ·may be placed on Washington, which was read twice by its title and referred to a parity as regards pension and homestead rights with soldiers the Committee on the District of Columbia. of the other arms of the service, which were referred to the Mr. GALLINGER introduced the following bills, which were· Committee on Pensions. severally read twice by their titles and, with the accompanying Mr. HALE presented a petition of the Maine State Board of papers, referred to the Committee on Pensions: Trade, praying for the enactment of legislation providing for A bill ( S. 7300) granting an increase of pension to Henry M. the establishment of a national forest preserve within that Washburn; . State, which was referred to the Committee on Forest Reserva­ A bill (S. 7301) granting an increase of pension to Anson tions and the Protection of Game. Buxton; Mr. BROWN presented a petition of sundry citizens of Al­ A bill ( S. 7302) granting an increase of pension to Henry. L. bion, Nebr., praying for the enactment of legislation granting Harris; pensions to the surviving members of the United States Mili­ A bill (S. 7303) granting a pension to John A. Flanders; and tary Telegraph Corps who served in the civil war, which was A bill ( S. 7304) granting an increase of pension to Warren referred to the Committee on Pensions. Abbott. Mr. GAMBLE presented the memorial of F. L. Wiley and 24 Mr. GALLINGER. I introd,uce a bill for reference to the other citizens of Deadwood, S. Dak., and the memorial of A. C. Committee on the District of Columbia. I desire to state that Anderson and 21 other citizens of"Lead, S. Dak., remonstrating it has been prepared by the corporation counsel ·of the District. against the enactment of legislation making the fiTst day of The bill ( S. 7305) amendatory of existing laws regulating the the week a day of rest in the District of Columbia, which were sale of intoxicating liquors in the District of Columbia was read referred to the Committee on the District of Columbia. twice. by its title and, with the accompanying paper, referred Mr. SMOOT presented sundry affidavits to accompany the to the Committee on the Dish·ict of Columbia. bill (S. 7149) granting a pension to Nannie M. Lowe, which Mr. CULLOM introduced the following bills, which were were referred to the Committee on Pensions. severally read twice by their titles and, with the accompanying BILLS INTRODUCED. pape1·s, referred to the Committee on Pensions: Mr. TALIAFERRO introduced a bill (S. 7275) granting a A bill (S. 7306) granting an increase of pension to Thomas A. pension to Jesse Tyre, which was read twice by its title and, lBanks; . with the accompanying paper, referred to the. Committee on A bill ( S. 7307) granting an increase of pension to Alfred C ... Pensions. . Hawley; CONGRESSIONAL RECORD-SENATE. D~CEMBER 91

A bill (S. 7308) granting an increase of pension to William were severally read twice by their titles and referred to the A. Ic~ ; and Committee on Pensions : A bill (S. 7309) granting an increase of pension to Samuel W. A bill (S. 7337) granting an increase of pension to Hanry Wallis. Butler; and He also introduced the following bills, which were severally A bill (S. 7338) granting an increase of pension to Abraham read twice by their titles and referred to the Committee on Rhodes. Pensions: He also introduced the following bills, which were sev~rally : A bill (S. 7310) granting an increase of pension to Edward E. read twice by their titles and, with the accompanying papers, Brown; referred to the Committee on Pensions: A bill (S. 7311) granting an increase of pension to Benjamin A bill (S. 7339) granting an increase of pension to Harry B. V. Carey; Kerr; - A bill (S. 7312) granting an increase of pension to James A bill (S. 7340) granting an increase of pension to Marshall K. Clark; Ames; A bill (S. 7313) granting an increase of pension to Orville T. A bill (S. 7341) granting an increase of pension to John Lee ; and Burns ; A oill (S. 7314) granting an increase of pension to Arnold A bill (S. 7342) granting a pension to Oliver H. Perry; Rodgers. A bill ( S. 7343) granting an increase of pension to Matthew l\lr. PLATT introduced a bill ( S. 7315) for the relief of cer- Paul ; tain surgeons, passed assistant surgeons, and assistant surgeons, A bill ( S .. 7344) granting a pension to Etta B. Stewart; United States Navy, retired, which was read twice by its title A bill (S. 7345) granting an increase of pension to Christian and referred to the Committee on Naval Affairs. R. Shirey; He also introduced the following bills, which were sev- A bill ( S. 7346) granting an increase of pension to Charles R. erally read twice by their titles and, with the accompanying Crouch; and papers, referred to the Committee on Pensions: A bill ( S. 7347) granting an increase of pension to Francis M. A bill (S. 7316) granting an increase of pension to Matilda McMahan. Butt; . Mr. BURKETT introduced a bill (S. 7348) authorizing the A bill ( S. 7317) granting a pension to Florence Haggerty; procuring of additional land for the site of the public building and at Beatrice, Nebr., which was read twice by its title and, with A bill ( S. 7318) granting an increase of pension to Harry H. the accompanying paper, referred to the CoiilJllittee on Public Short. Buildings and Grounds. 1\lr. HEYBURN introduced the following bills, which were He also introduced a bill (S. 7349) to correct the military severally read twice by their titles and, with the accompanying record of Charles Haskins, sr., which was read twice by its title papers, referred to the Committee on Pensions: and with the accompanying paper, referred to the Committee on A bill ( S. 7319) granting an increase of pension to Charles Military Affairs. ,W. Dalle; He also introduced the following bills, which were severally A bill ( S. 7320) granting an increase of pension to George W. read twice by their titles and, with the accompanying papersl Peck; referred to the Committee on Pensions: A bill (S. 7321) granting an increase of pension to William A bill (S. 7350) granting an increase of pension to Richard M. Thome; Johnson; A bill (S. 7322) granting an increase of pension to Ira S. A bill (S. 7351) granting an increase of pension to Thomas A. Allen ; Crouch ; A bill (S. 7323) granting an increase of pension to James A bill (S. 7352) granting an increase of pension to George W. Kirby : and Sisson ; A bill (S. 7324) granting an increase of pension to George D. A bill (S. 7353) granting an increase of pension to James W. Smith. Nauslar; Mr. BEVERIDGE introduced a bill (S. 7325) for the relief A bill (S. 7354) granting an. increase of pension to Francis N. of Cadmus E. Crabill, which was read twice by its title and Brokaw; referred to the Committee on ..-Post-Offices and Post-Roads. A bill (S. 7355) granting an increase of pension to Harrison He also introduced a bill ( S. 7326) to provide for the pur- Presson; chase of a site and the erection of a public building thereon in A bill (S. 7356) granting an increase of pension to David C. the city of Huntington, Ind., which was read twice by its title Crawford; and referred to the Committee on Public Buildings and Grounds. ' A bill ( S. 7357) granting a pension to Mildred E. Tigner; He also introduced the following bills, which were severally I A bill (S. 7358) granting an increase of pension to John read twice by their titles and, with the accompanying papers, Kraft; and · referred to the Committee on Pensions. A bill ( S. 7359) granting a pension to Anna A. Yule. A bill (S. 7327) granting an increase of pension to Morrison He also introduced the following bills, which were severally Gayton; read twice by their titles and referred to the Committee on A l>ill (S. 7328) granting an increase of pension to Rhoda J. Pensions: Chase; A bill (S. 7360) to pension Michael Evans without deduction A bill (S. 7329) granting an increase of pension to Jemima or rebate on account of former alleged overpayments or erro- Williams · and · neous payments of pension ; A bill '(S. 7330) granting an increase of pension to John A bill ( S. 7361) granting an increase of pension to Howard Martindale. G. Cleaveland; . Mr. McENERY introduced a bill (S. 7331) for the relief of A bill (S. 7362) granting an increase of pension to John C. the estate of Isabella Ann Fluker, deceased, which was read Aaron; twice by its title and referred to the Committee on Claims. A bill (S. 7363) granting an increase of pension to Alice E. Mr. DIXON introduced a bill (S. 7332) granting an increase Quillen; of pension to Franklin R. st. John, which was read twice by A bill (S. 7364) granting an increase of pension to Lewis H. ~~~~~e~ng~ ;!~~i;::. accompanying papers, referred to the Lngi~iu (S. 7365) granting an increase of pension to John P. Mr. BOURNE introduced a bill (S. 7333) granting an in- Miller; crease of pension to John w. Son, which was read twice by its Pe~r~~l (S. 7366) granting an increase of pension to James K. title and, with the accompanying papers, referred to the Com- A bill (S. 7367) granting an increase of pension to James 1!. mittec on Pensions. Valentine; and He also introduced the following bills, which were severally A bill ( s. 7368) granting an increase of pension to Hortense read twice by their titles and referred to the Committee on B. Follett. Pensions: - Mr. LA FOLLETTE introduced a bill (S. 7369) reserving A bill (S. 7334) granting an increase of pension to Susan E. from entry and sale the mineral rights to coal and other mate- Baker; and · rials mined for fuel, oil, gas, or asphalt upon or underlying the A bill (S. 7335) granting an increase of pension to Robert R. public lands of tllc United States, and providing for the sale_of Bratton. the surface of public lands underlaid with or containing coal or Mr. BOURNE introduced a bill (S. 7336) to correct the mili- other minerals mined for fuel, oil, gas, or asphalt, and provid.: tary record of Jeremiah McLaughlin, which was read twice by ing for the leasing of the mineral rights in such la:1ds, which 1 its title and referred to the Committee o:n Military Affairs. was read twice by its title and referred to the C01r mittei on .Mr. GUGGENHEIM introduced the following bills, which Public Lands. 1908. CONGRESSIONAL RECORD-SENATE. ·65

l\fr. DAVIS. I introduce two bills, and ask that they lie on A bill ·(S. 7383) granting an increase of pension to Edwin the table, subject to call. B. Paddock; and The bill (S. 7370) to prollibit any person or corporation, for A bill (S. 7384) granting an increase of pension to Gilman themselves or. for or in the interest of any other person or cor­ Stevens. poration, directly or indirectly, from delivering, receiving, or Mr. SMOOT introduced the following bills, which were sev:­ transmitting, and from being interested in, or aiding in any erally read twice by their titles and, with the accompanying manner, the· receh-ing, delivering, or transrn.itting by mail, tele­ papers, referred to the Committee on Pensions: graph, telephone, or other means whatever, in any State, dis­ A bill ( S. 7385) granting an increase of pension to 1\fcl vin trict, country, Territory, or place over which the sovereignty of P. Miller; the United States of .America now exists, any message, informa­ A bill ( S. 7386) granting an increase of pension to Adam tion intelligence, letter, writing, card, device, sign, symbol, Wingenfield; cipher, or.. other thing whatsoever, the subject of the senses, or A bill ( S. 7387) granting an increase of pension to Daniel any of them, whereby intelligence or information inay be con- Loftis; ·eyed or understood,: relating to· or in any manner or form con­ A bill ( S. 7388) granting an increase of pension to Thomas cerning any transaction or proposed or suggested transaction, D. Stevenson ; and scheme, or plan to speculate or gamble, or gain or lose sums of A bill ( S. 7389) granting an increase of pension to George money called margins, which gains or losses, respectively, are W. Becker. made to depend upon the future increase or decrease of the Mr. SMOOT introduced a bill (S. 7390) for the relief of Jp.arket price of· any product of the soil, provided that at the Christina Rockwell, which was read twice by its title and, with time of such transaction, proposed transaction, scheme, or plan the accompanying papers, referred to the Committee on Claims. for so speculating or gambling, any such product of the soil be Mr. DOLLIVER introduced a bill ( S. 7391) to regulate the the subject of interstate commerce, or the subject of commerce issue of securities by transportation, telegraph, and telephone from or by and between the people of the United States of companies engaged in interstate commerce, for the purpose of America and the people of any foreign country, was read twice better protecting the people against unreasonable rates and. by its title. charges, which was read twice by its title. . The VICE-PRESIDENT. Without objection, the bill will lie Mr. DOLLIVER. I ask that the bill lie on the table. on the table, subject to call. The VICE-PRESIDENT. Without objection, the bill will lie Mr. DAVIS introduced a bill (S. 7371) to suppress pools, on the table. trusts, and combinations in trade and to provide penalties for Mr. DU PONT introduced the following bills, which were violations of its provisions, and for other .purposes, which was severally read twice by their titles and referred to the Com~ read twice by its title. mittee on Pensions: The VIOE-PRESIDENT. Without objection, the bill will lie A bill ( s. 7392) granting an illcrease of pension to 1\Iiers B. on the table, subject to call. Betts; and Mr. FULTON introduced a bill ( S. 7372) to set apart certain A bill (S. 7393) granting a pension to Samuel T. Henry. lands in the State of Oregon as a public park, to be known as 1\Ir. KEAN introduced a bill ( S. 7394) to correct the military the " Saddle Mountain National Park," which was read twice record of Joseph A. Blanchard, which was read twice by its by its title and, with the accompanying paper, referred to the title and referred to the Committee on Military Affairs. Committee on Public Lands. He also introduced a bill ( S. 7395) granting a pension to He also introduced a bill (S. 7373) to amend an act entitled William Shannon, which was read twice by its title and referred "An act for the relief of certain settlers on the public lands and to the Committee on Pensions. · to provide for the repayment of certain fees, purchase money, 1\fr. SUTHERLAND introduced a bill (S. 7396) for the ex­ and commissions paid on void entries of public lands," which change of certain lands situated in the Fort Douglas Military was read twice by its title and referred to the Committee on Reservation, State of Utah, for lands adjacent thereto, between Public Lands. the Mount Olivet Cemetery Asso<;!iation of Salt Lake City, Utah, He nlso introduced the following bills, which were severally and the Government of the United States, which was read twice read twice by their titles and referred to the Committee on by its title and referred to the Committee on Military Affaii·s. Public Buildings and Grounds: He also introduced the following bills, which were se1erally A bill ( s: 7374) to provide for the purchase of a site and the read twice by their titles and referred to the Committee on erection of a public building thereon at Astoria, in the State of Oregon; Pensions: A bill ( S. 7397) granting an increase of pension to Berdette A bill ( S. 7375) to provide for the purchase of a site and the erection of a public building thereon at Portland, in the State M. Sperry; and of Oregon ; and . A bill ( S. 7398) granting an increase of pension to Edwin A bill ( S. 7376) to provide for the purchase of a site and the Kerns. .. . . erection of a building thereon at Oregon City, in the State of Mr. CURTIS introduced a bill (S. 7399) to provide for the Oregon. organization, regulation, and control of corporations, companies, · 1\fr. GMIBLID introduced a bill (S. 7377) authorizing the and associations doing an interstate business, and for other creation of a land district in the State of South Dakota, to purposes, which was read twice by its title and referred to the be known as the " Bellefourche land district," which was read Committee on the Judiciary. twice by its title and referred to the Committee on Public He also (for Mr. WARNER) introduced a bill (S. 7400) Lands. authorizing and directing the Postmaster-General to credit the· He also introduced a bill (S. 7378) to extend the time for the accounts of Frank Wyman, postmaster at St. Louis, l\fo., in completion of a bridge across the Missouri River at or near the sum of $4,139.13, which was read twice by its title and Yankton, S. Dak., by the Winnipeg, Yankton and Gulf Railroad referred to the Committee on Claims. Company, which was read twice by its title and referred to the He also (for 1\fr. WARNER) introduced the following bills, Committee on Commerce. which were severally read twice by their titles and, with the ·He also introduced the following bills, which were severally accompanying papers, referred to the Committee on Pensions : read twice by their titles and referred to the Committee on A bill (S. 7401) granting an increase of pension to Marion Indian Affairs : Cunningham ; A bill ( S. 7379) to authorize the sale and disposition of a A bill ( S. 7402) granting an increase of pension to Sarah F. portion of the surplus and unallotted lands in the Rosebud Gillam; .. Indian Reservation, jn the State of _South Dakota,· and making A bill (S. 7403) granting an increase of pension to Sarah appropriation and provision to carry the same into effect; Dawson; A bill -(S. 7380) to authorize the sale and· disposition of a A bill (S. 7404) granting a pension to Hetmetta Hordin; and portion of the surplus and unallotted lands in the Pine Ridge A bill ( S. 7 405) granting a pension to Robert Devling. Indian Reservation, in the State of South Dakota, and making Mr. CURTIS (for Mr. WARNER) introduced a bill ( S. 7406) appropriation and provision to carry the same into effect; and authorizing and directing the Secretary of the Treasury to pay A bill (S. _7381) authorizing. and .directing the -Secretary of to Angeline C. · Burgert the sum of $157.72, the amount of her the Interior to pay to the Flandreau tribe of Indians, in South dish·ibutive share of the net proceeds of the sale of the Paines- .. Dakota, certain funds. to the credit of said Indians. ville and ·Youngstown Railroad applicable to bond Ko. 209, 1\fr: Gll1BLE introduced the following bills, which were which was read twice by its title and, with the accompanying· severally read twice by their titles and referred to the Commit- papers, referred to the Committee on Claims. tee on Pensions. . · Mr. CARTER introduced a bill (S. 7407) providing fw the ..A bill ( S. 7382) granting an increase of pension to Robert L. appointment of an inspe<;tor of_mines for the district of Alaska, · Wilson; defining his powers and duties, fixing his compensation, and for XLIII-5 66 .CONGRESSIONAL RECORD-SENATE. DECEl\IBER 9'

oth"r purposes, which was rend twice by its title and referred read twice by its title and, with the accompanying papers, to the Committee on Mines and Mining. referred to the Committee on Public Lands. He al.so introduced a bill (S. 7408) to amend Article VI of an He also introduced a bill (S. 7437) granting an increa~e of agreement between the 'Iurtle Mountain b!lnd of Chippewa In- pension to Alice D. Bainum, wllich was read twice by it title di:ms and the United States, through the commissioners of the and, wilth the accompUDying papers, referred to the Committee United States duly appointed for that purpose, on the 2d day on Pensions. of October, 1802, as modified and amellded by act approved April Mr. DILLINGHAM inh·oduced the following bills, whkh 21, 1004, which was read twice by its title and referred to the were severally read twice by their titles and, with the accorn- Comruittee on Indian Affairs. panying papers, referred to the Committee on Pensions: Mr. CLARK of Wyoming introduced the following bills, whicll A bill (S. 7438) granting an increase of pension to Lucius were severally read twice by their titles and referred to the Bigelow; Committee on Pensions: A !Jill ( S. 7439) granting an increase of pension to Luman L. A bill ( S. 7409) granting an increase of pension to Obarles S. Grout; Baker; and A bill (S. 7440) granting an increase of pension to Edwin 1\I, A bill (S. 7410) granting an increase of pension to Clark S. Haynes; De,oe. A bill (S. 7441) granting an increase of pension to Dana Fish; 1\lr. NELSON introduced the following bills, which were A bill (S. 7442) granting an increase of pension to Francis se\erally re{ld twice by their titles and referred to the Com- L. Knapp; and mittee on Pensions: . A bill (S. 7443) granting an increase of pension to Barney B. A bill ( S. 7411) granting an increase of pension to Berge 1\Iattimore. Johnson; Mr. DICK introduced a bill (S. 74.44) for the establishment of A bill ( S. 7412) granting an increase of pension to George A. a park at the intersection of Rhode Island avenue, North Capi- Kogle; and · tol and U streets 1\TW., Wa hington, D. C., which was read twice A bill ( S. 7413) granting an increase of pension to George W. by its title and referred to the Committee on Public Buildings · Hawkins. l and Grounds. ~Ir. BULKELE_Y introd~ced. the follow~g bills, which w~re He also introduced a bill (S. 7445) granting an increase of se,erally read tWice by the1r !Itles and, WI~h the accompanymg pension to Daniel A. Gros\enor, which was read twice by its papers, referred to the Comm1ttee on Penswns: title and referred to the Committee on Pensions. A bill (S. 7414) granting an increase of pension to Frederick 1\Ir. FLH\'T introduced the following bills, which were sever- M.AHb~lr1t ;( S ~ ) t· . f . t L H ally read twice by their titles and referred to the Committee 1 • t 415 gran mg an mcrea se o pension o yman . on Commerce : Leach; . . . A bill ( S. 7 446) for the improvement of the harbor at San .A. bill (S. 7416) grantrng an mcrease of penswn to George Diego, Cal.; and S o!er~;·n (S ) granting an increase of pension to John ~ bill (S. 74~7) directing the Secretary of the Treasury to E .1 d · 7417 rermburse the city of Coronado and the Coronado Beach Com- ~~il~n(S. 741S) granting a pension to Elizabeth Cook. pan~ for protecting property from the encroachment of the Mr. BURNHAM introduced the following bills, which were Paclfic Ocean. . . . ,.,. . se\erally read twice by their titles and, with the accompanying . l\Ir. F~IN~ m_troduced a bill (S. ~448) t? Pr:ovide for 3? ad~l- papers, referred to the Committee on Pensions: tiol!al dish·Ict JUd~e for. the. southern dlStnct of Califo~ma, · A bill (S. 7419) grunting an increase of pension to Charles which was ~·e~d twice by 1ts title and referred to the Comllllttee N Baker· on the Jud1cmry. ·A bill (s. 7420) granting an increase of pension to James B. He a.l~o introduc.ed !J1e following bills, which were s.everally Herron. read twice by their titles and referred to the Committee on A bili (S. 7421) granting an increase of pension to Charles :Military Affairs: . w. Mansfield; ~ bill (S. 744!>) to remove the charge of desertion from the A bill ( s 7422) :rranting an increase of pension to Oscar military record of Andrew A. St. John; Perkins . · b A bill (S. 74.50) to eorrect the military record of Milton J. A bill' (S 7423) granting an increase of pension to Orrin W. .Arrington; and Heed; and · A bill ( S. 7451) to correct the military record of Charles R. A bill (S. 742-!) granting an increase of pension to Ira H. Stevens. Thurber. Mr. FLINT introduced a bill (S. 7452) granting ·a pension to :Jir. WETMORE} introduced a bill (S. 7425) granting an in- John T. Young, which was read twice by its title and referred crease of pension to Peter D. Melville, which was read twice by to the Committee on Pensions. · its title and refened to the Committee on Pensions. He also introduced the following bills, which were severally lie also introduced the following bills, which were severally read twice by their titles and, with the accompanying papers, read twice by their titles and, with the accompanying papers, referred to the Committee on Pensions: referred to the Committee on Pensions: A bill ( S. 7453) granting an increase of pension to Eliza A. bill ( S. 7426) granting an increase of pension to William Palmer; A. Richardson; A bill (S. 7454) granting an incTease of pension to Charles A. A bill (S. 7427) granting an increase of pension to Ferdinand Slocum; Brown; A bill (S. 7455) granting an increase of pension to Henry K. A bill (S. 7428) granting an increase of pension to Hiram Haskell; S"·eet; A bill (S. 7456) granting an increase of pension to Henry W. 1 bill ( S. 7429) granting an increase of pension to John H. Smith; Richards; A bill (S. 7457) granting an increase of pension to Henry A bill ( S. 7 430) granting an increase of pension to Charles Tobin ; B. Chandler; A bill (S. 7458) granting an in.crease of pension to Samuel . A bill (S. 7431) granting an increase of pension to John J. 1\IcM:urry; . . Card, alias John Carder; and . A bill (S. 7459) granting an increase of pension to Francis I. ~~ bill (S. 7432) grunting an increase of pension to John Gardiner; Ackley. A bill (S. 7460) granting.an increase of pension to James L. :Mr. IIOPKIKS introduced the following bills, which were Fitzgerald; se\erallJ· read twice by their titles and, with the accompanying A bill (S. 7461) granting an increase of pension to Jeremiah par ~ =-~, refen·ed to the Committee on Pensions: J. Hannon; A uill (S. 7433) granting an increase of pension to Edwin A bill (S. 7462) granting an increase of pension to Lyman A. Martien ; and Holcomb ; · A bill .(S. 7434) granting an increase of pension to Francis .A bill (S. 7463) granting an increase of pension to William M. Behymer. Stein; and Mr. HOPKINS inh·oduced a bill (S. 7435) granting an A bill (S. 7464) granting a pension to Cora E. Ruttinger. increase of pension to William P. Robbe, which was read twice He also introduced the following bilJs, which were ev- by its title and referred to the Committee on Pensions. erally read twice by their titles and referred to the Committee 1\Ir. ·w.A.RUEN introduced a bill (.S. 7436) to authorize the on Pensions: issuance of a patent to Fred C. and C. Helen Fisher for land A bill (S. 7465) granting an increase of pension to Albert s. located in the county of Fremont, State of Wyoming, which was Wi.n,.chester; 1908. OONGRESSION AL RECORD-SEN ATE. 67

A bill ( S. 7466) granting an increase of pension to John Hop­ A bill (S. 7494) granting an increase of pension to Char~s H. per; Rankin; A bill (S. 7467) granting an increase of pension to Caspar A bill (S. 7495) granting an increase of pension to William T. Wilk~; Collins; A bill (S. 7468) granting an increase of pension to William A bill (S. -7496) granting an increase of pension to William H. Murray; Weidner; A bill (S. 7469) granting an increase of pension to Joseph B. A bill (S. 7497) granting an increase of pension to Hiram Driesbach; Dice; A bill (S. 7470) granting an increase of pension to Alphonso A bill (S. 7498) granting an increase of pension to Joseph H. L. Stacy; and Owen; A bill ( S. 7471) granting an increase of pension to Elisha A bill (S. 7499) granting an increase of pension to Gilbert L. Bridges. Holmes; and Mr. CLAPP introduced a bill ( S. 7472) transferring the In­ A bill (S. 7500) granting an increase of pension to George T. dian school at Morris, Minn., to the State of Minnesota for an Anderson. agricultural school, which was read twice by its title and re­ 1\Ir. McCUMBER introduced a bill ( S. 7501) establishing rate ferred to the Committee on Indian Affairs. of pay for rural free carriers, which was read twice by its title Mr. McCREARY introduced the following bills, which were and referred to the Committee on Post-Offices and Post-Roads. severally read twice by their titles and referred to the Com­ He also introduced a bill (S. 7502) to amend an act entitled mittae on Claims: "An act to provide revenue .for the Government, and to en­ A bill ( S. 7473) for the relief of D. B. Curd; and courage the industries of the United States, which was read A bill (S. 7474) for the relief of the estate of W. R. Decker, twice by its title and referred to the Committee on Finance. deceased. He also inh·oduced the following bills, which were severally Mr. CLAY introduced the following bills, which were sev­ read twice by their titles and, with the accompanying papers, erally read twice by their titles and, with the accompanying referred to the Committee on Pensions: papers, referred to the Committee on Claims: A bill (S. 7503) granting an increase of pension to James E. A bill (S. 7475) for the relief of the heirs and legal repre­ Herbert; sentatives of E. Ann Lowry; . A bill ( S. 7504) granting an increase of pension to Julius J. A bill (S. 7476) for the relief of the estate of Howell Tatum, Kean; deceased; A bill ( S. 7477) for the relief of the trustees of Timber A bill ( S. 7505) granting an increase of pension to Daniel Ridge Presbyterian Church; and 'l'hornton; A bill ( S. 7478) for the relief of Theodore L. Mitchell. A bill (S. 7506) granting an increase of pension to Charles F. l\Ir RAYNER introduced a bill ( S. 7479) for the relief of Chapman; · the heirs of Elizab(lth A. Jarboe, deceased, which was read twice A bill ( S. 7507) granting an increase of pension to Richard by its title and, with the accompanying paper, referred to the H. Davies; · Committee on Claims. A bill ( S. 7508) · granting an increase of pension to Evin K. He also introduced a bill (S. 7480) granting a pension to Re­ Hegland, alias Evin Knudson; and becca N. Ewers, which was read twice by its title and, with the A bill (S. · 7509) granting an increase of pension to W. 0. accompanying papers, referred to the Committee on Pensions. Ward. 1\fr. OVERMAN introduced a bill (S. 7481) for the. relief of He also introduced the following bills, which were severally the estate of Seth Waters, deceased, which was read twice by read twice by their titles and referred to the Committee on its title and, with the accompanying paper, referred to the Com­ Pensions: mittee on Claims. A bill (S. 7510) granting an increase of pension to James Mr. GORE introduced a bill (S. 7482) to remove the re­ Swinehart; strictions from the surplus lands of the Osage Indians in Okla­ A bill ( S. 7511) granting an increase of pension to E. F. homa, to provide for the payment to certain members their Green; and share of the tribal funds, and for other purposes, which was A bill ( S. 7512) granting an increase of pension to Ira A. read twice by its title and referred to the Committee on Indian Silvernail. Affairs. Mr. McCUMBER introduced a bill (S. 7513) to correct the Mr. PERKINS introduced a bill (S. 7483) to correct the mili­ military record of John Brown, alias George Brown, which was tary record of Orlando A. Stebbins, which was read twice by its read twice by its title and, with the accompanying papers, title and referred to the Committee on .Military Affairs. referred to the Committee on Military Affairs. He also introduced a bill ( S. 7 4'84) granting an increase of Mr. KITTREDGE (for Mr. ScoTT) introduced a bill ( S. pension to William Quinlivan, which was read twice by its title 7514) for the relief of the estate of Philip Null, deceased, and referred to the Committee on Pensions. which was read twice by its title and referred to the Com­ He also intToduced a bill (S. 7485) for the relief of the widow mittee on Claims. ::mel children of John W. Geering, of Vallejo, Cal., which was He also (for Mr. ScoTT) introduced the following bUls, read twice by its title and referred to the Committee on Claims. which were severally read twice by their titles and, with the Mr. JOHNSTON introduced a bill (S. 7487) to parole United accompanying papers, referred to the Committee on Pensions : States prisoners, and for other purposes, which was read twice A bill ( S. 7515) granting an increase of pension to John S. by its title and referred to the Committee on the Judiciary. Kenney; He also introduced a bill ( S. 7488) for the relief of the es­ A bill ( S. 7516) granting an increase of pension to Peter tate of John Allison, deceased, which was read twice by its title Vandyke; and referred to the Committee on Claims. A bill ( S. 7517) granting an increase of pension to Allen T. Mr. MONEY. I ask leave to introduce a bill for the relief Landsess; of the estate of J. M. Fortenberry, deceased, to correct a typo­ A bill (S. 7518) granting an increase of pension to Charles graphical error or misprint in Senate bill 290. I ask that the S. Cain; bill be referred to the Committee on Claims. The bill (S. 7489) for the relief of the estate of J. M. Forten­ A bill (S. 7519) granting an increase of pension to Jacob berry, deceased, was read twice by its title and referred to the Hill; and Committee on Claims. A bill (S. 7520) granting an increase of pension to William .Mr. BROWN introduced a bill ( S. 7490) granting an increase l\L Pomroy . of pension to William H. Bettinger, which was read twice by Mr. KITTREDGE introduced the following bills, which we.re its title and, with the accompanying papers, referred to the se>erally read twice by their titles and, with the accompanying Committee on Pensions. papers, referred to the Committee on Pensions: Mr. LONG introduced a bill (S. 7491) granting an increase A bill (S. 7521) granting an increase of pension to Jay B. of pension to Henry C. Walker, which was read twice by its Sessions; title and referred to the Committee on Pensions. A bill ( S. 7522) granting a pension to Charles H. Kibbee; He also introduced the following bills, which were severally A bill (S. 7523) granting a pension to Frank D. l\foore; read twice by their titles and, with the accompanying papers, A bill ( S. 7524) granting an increase of pension to Dilazon referred to the Committee on Pensions: D. Holdridge; A bill (S. 7492) granting an increase of pension to James N. A bill (S. 7525) granting an increase of pension to Marcus Titus; Daniels; A bill (S. 7493) granting an increase of pension to David F. A bill (S. 7526) granting an· increase of pension to William Painter; A. Menor; 68 ·. CONGRESSIONAL RECORD-SENATE. DECEMBER 9,

A bill ( S. 7527) granting an increase of pension to Rily J. 1\fr. LODGE introduced a bi1l (S. 7561) granting an increase Philbrook; of pension to Joseph W. Hartshorn, which was read twice by its A bill (S. 7528) granting an increase of pension to John C. title and referred to the Committee on Pensions. Mc:uman; 1\Ir. CLAPP introduced a bill (S. 7562) granting ari increase A bill (S. 7529) granting an increase of pension to John of pension to Robert A. Hare, which was read twice by its title Larrabee; and referred to the Committee on P ensions. A l>i)l ( S. 7530) granting an increase of pension to Tollef He also introduced a bill ( S. 7563) granting an increase of Olson Strand, alias Tollef Olson; pension. to Adelbert Gardner, which was read twice by its title .A bill ( S. 7531) granting an increase of pension to Robert and, with the accompanying paper, referred to the Committee on Hodges; Pensions. A bill ( S. 7532) granting an increase of pension to Hamilton .Mr. HE.l\IENW.AY introduced the following bills, which were II. . IcLain; se...-eralJy read twice by their titles and referred to the Com­ A bill (S. 7533) granting an increase of pension to Henry C. mittee on Pensions: Washburn; A bill (S. 7564) granting an increase of pension to mram T. A bill ( S. 7534) granting a pension to George P. Dix; Gray~on; A bill (S. 7535) granting an increase of pension to Bradford A bill ( S. 7565) granting an increase of pension to George H. Tripp; L. Masters; A bill (S. 7536) granting m1 increase of pension to Marcellus A bill ( S. 7566) granting an increase of pension to Lewis Sims; B. Kent; and A bill ( S. 7567) granting an increase of pension to Frederick A bill (S. 7537) granting an increase of pension to Andrew J. Geiger; and Shipley. A bill (S. 7568) granting an increase of pension to William Mr. .ANKENY introduced the following bills, which were W. Coker. seyerally read twice by their titles and referred to the Com­ Mr. PILES introduced the following bills, which were sev­ mittee on Pensions: erally read twice by their titles and, with the accompanying A bill ( S. 7538) granting an increase of pension to .Alexander papers, referred to the Committee on Pensions : Da1idson ; and A bill (S. 7569) granting an increase of pension to Charles A bill (S. 7539) granting an increase of pension to Joseph. D. W. Taylor; Holt. · A bill ( S. 7570) granting an increase of pension to Fidelia He also introduced the following bills, which were severally A. Boyd; read twice by their titles and, with the accompanying papers, A bill {S. 7571) granting an increase of pension to Robert referred to the Committee on Pensions: Stewart ; A bill (S. 7540) granting an increase of pension to Eben C. A bill ( S. 7572) granting an increase of pension to . Ocran Thomas; Dickinson; A bill (S. 7541) granting an increase of pension to William S. A bill ( S. 7573) granting an increase of pension to William H arper; and H. Gifford; A bill (S. 7542) granting an increase of pension to Rowland A bill ( S. 7574) granting an increase of pension to Eva A. Fi her, alias Thomas Smith. Blanchard; .Mr. BACON introduced the following bills, which were A bill (S. 7575 ) granting an increase of pension to .August severally read twice by their titles and, with the accompanying BruJot; papers, referred to the Committee on Claims: A bill (S. 7576) granting an increase of pension to Edward A bill (S. 7543) for the relief of the heirs of Noah Fugate, F. Parker; deceased; . · A bill (S. 7577) granting an increase of pension to Sophia A bill (S. 7544) for the relief of Jesse J. Bull; Ekstrand· A bill ( S. 7545) for the relief of the heirs of .Augustus and A bill '< S. 7578) granting an increase of pension to James Christine Hicl.t, d€'ceased; and Brown; A bill ( S. 7546) for the relief of Elizabeth A. C. Galloway. A bill (S. 7579) granting an in cre~se of pension to David A. l\lr. BURROWS introduced the following bills, which were Craddick; and seYerally read twice by their titles and referred to the Com­ A bill (S. 7580) granting an increase of pension to William mittee on Pensions: C. Shute. .A bill (S. 7547) granting an increase of pension to Wait B. :i.\fr. CURTIS introduced the following biJls, which ""·ere seyer­ Steenberg ; ally read twice by their titles and, with the accompanying pa­ A bill ( S. 7548) granting a pension to Ann Stearns, with ac­ pers, referred to the Committee on Pensions: corupanving papers; and A bill (S. 75 1) granting an increase of pension to Eli W. A bill (S. 7549) granting an increa.se of pension to Gustavus Wilhite; M. Gates, with accompanying papers. A bill (S. 75 2) granting an increase of pension to Solomon :Jir. FORAKER introduced the following bills, which were S. Kirkpatrick: se•erally read twice by their titles and referred to the Com­ A !Jill (S. 75, 3) granting an increase of pension to Andrew mittee on Militnry Affairs: McMains; . _ bill ( S. 7550) to remove the charge of desertion from the A bill ( S. 75 4) granting a pension to 1\fary E. Eccle:field; milit:try record of Daniel Fleming, with an accompanying A bill (S. 7585) granting an increase of pension to David paver; and Detty; A bill ( S. 7551) to remove the charge of desertion from the A !Jill (S. 7586) granting a pension to Emilie J. Raff; military record of Cornelius Hardin. A bill (S. 75 7) granting an increa e of pen ion to John W. Mr. FORAKER introduced the following bills, which were Riffe; se\erally read twice by their titles and referred to the Commit­ A bill (S. 7588) granting an increase of pension to William t ee on Pensions : H. Scott; A bill (S. 7552) granting an increase of pension to John A bill (S. 7589) granting an .increase of pension to Norman .Witcraft; A. Rupe; A bill (S. 7553) granting an increase of pension to George A bill (S. 7590) granting an increase of pension to John D. C. Richards; Herriman ; .A bill (S. 7554) granting a pension to Albert R. Huey; and A bill ( S; 7501) granting an increase of pension to Wilson B . A bill ( S. 7555) granting a pension to Albert S. Lowe. Heusy; He also inh·oduced the following bills, which were sever:illy A bill ( S. 7592) granting an increase of pension to James 1\I. read twice by their titles and, with the accompanying papers, Nicholas; referred to the Committee on Pensions : A bill ( S. 7593) granting ·an increase of pension to Hiram D. A bill (S. 7556) granting an increase of pension to George W. Brown; A bill (S. 75~4) granting an increase of pension to George D. Palmer; Anderson; 7G57) gr~mting ~L A bill (S. an increase of pension to Jacob A bill (S. '7595) granting a pension to Minnie D. Dobbins; Zurtm:m; A bill ( S. 7596) granting a pension to Eliza P. Tagart; A bill (S. 7558) granting an increase of pension to Charles A bill (S. 7597) granting un increase of pension to Samuel T. A. ReeEer; Cromwell; A bill ( S. 7559) granting an increase of pension to David K. A bill ( S. 7598) granting an increase of pension to Charles B. . Mitchell; and Fessenden, jr. ; nnd A bi!l ( ~. 7560) granting an increase of pension to John A. C. A bill ( S. 7599) granting an increase of pension to Albert Jones. llelllllling. 1908. .CONGRESSIONAL "RECORD-SENATE. 69

He also inh·oduced ·.the _following bills, which were severally I (Mont. land (listrict, which was read twice by its title and read twice by their titles and referred to the Committee on refeued io the Committee on Public Lands. Pensions: WILLIAM T. ROSSELL, JR., AND HA'RRY G. WEAYER. A bill (S. 7600) granting a pension to Thomas Inman; A bill ( S. 7601) granting an increase of pension to A. F. Mr. J"OHKSTON introduced a bill (S. 7486) authorizing the Wade.; President to reinstate William T. H.ossell, jr., and Harry G. A bill {S. 7G02) granting an increase of pension to Edward Weayer as cadets in the United States Military Academy, which C. Smith; . was read twice by its title. A bill ( S. 7603) granting an increase of pension to Robert E. .Mr. JOHNS';rON. Mr. President, I ask the leave of the Huff· Senate to .have inserted in the RECO'RD the finding of the Sec­ A bill (.S. 7604) granting an increase of' pension to Robert retary of War in this case. I desire to ·state the offenses these Hassey; young men were charged with. The :first charge was " re­ A bill ( S. 7605) granting a pension to Eunice lnman; quiring _plebes or new cadets to catch ants." '!'lmt is a -very ex­ A bill ( S. 7606) granting an increase of pension to Samnel traordinary and unusual thing, and one calculated to demoralize 'Radcliff ; and a new cadet. " llequiring them to brace or stand in a con­ A bill (S. 7607) granting an incr·ease of pension to John strained position a long time and laying on of bands." This Brannan. bracing was not considered cruel, and the laying on of hands Mr. BRAJ\1DEGEE introduced the following bills, which were was not violent. " Requiring them to clean his equipments/' severally read twice by their titles and referred to the Com­ "Requiring them to put his tent in order." "Requiring them mittee on Pensions : to wrestle with each other." A bill ( S. 7G08) granting an increase of pension to Thomas B. These are the serious offenses that are charged against these Fish; young men. When the Secretary of War came to consider the A bill ( S. 7609) granting a pension to Mary A. Hill; case, he said in regard to the offense : A bill ( S. 7610) granting an increase of pension to Amos S. The act of Congress that forbids hazing and directs rezulations to be Hancox; ~ade by t~e authorities. of the academy does not prescribe what hazing 1s. This 1s not a technical term, and we can only ascertain the mean­ A bill (S. 7611) granting an increase of pension to James ing of the word~ reference to standard dictionaries. Webster's Inter­ McEnany.; natioDal Dictiona • defines hazing: " To ha rass or annoy by playing A bill ( S. 7612) granting a pension to Mary Wilson; abusive or sham l tricks upon ; to humiliate by practical jokes-used especially of colle ;e students-as the sophomores hazed a freshman." A bill ( S. 7613) granting an increase of pension to Thomas l\1. The entury .an Standard dictionaries give practically the same Lord; definition.. A bill ( S. 7614) granting an increase of pension to Francis The Secretary says : McKeag; Now, none of the acts shown to have been committed by these young A bill ( S. 7615) granting an increase of pension to Esther A. men come within this definition of hazing. The evidence shows that Turner; while the offenders direeted the plebes to " brace "-t hat is stand at attention with their shot1;lders thrown back-rub buckles, ciean guns, A bill ( S. 7616) granting an increase of pension to Albert brlDg water from the sprmg, fall in at the first assembly call instead Leeds; and of five minutes later at the second call, still none of these acts can hard!~ be fair!~ brought wi~in this definition. ?-'he:y all, undoubtedly, A bill ( S. 7617) granting a pension to Nora Davis. were unproper mterfe.rence Wlth the plebes, consbtutmg an assumption Mr. BAILEY (by request) inb·oduced the following bills, of authority over them in direct conilict with the re.,.ulations for which which were severally read twice by their titles and, with the severe p~hm.ent should be meted out. "' ' .accompanying papers, referred to the Committee on Claims: The Secretary goes on to say-! will not read it all- A bill ( S. 7618) for the I'elief of the estate of James B. Ogle­ This being so, I do not feel that it is just to extend tbe operations of tree, deceased ; this evere statute by implication, especiaUy ln view of the fact that in A bill (S. 7619) for the relief of the estate of J. w. Cumby, my judgment, tbe offenses of which these young men were undoubt~ly guilty can be adequately punished without resorting to the extreme deeeased ; and penalty of expulsion.. A bill (S. 7620) for the relief of the heirs or estate of Wil­ liam E. Crump, deceased. But the Secretary finally recommended, following the recom­ 1\lr. HALE introduced the following bills, which were sever- mendation of the superintendent at West Point, that two of 1llly read twice by their titles and, with the accompanying these cadets be expelled and six were suspended for a year. papers, referred to the -Committee on Pensions: '.rhis bill is to authorize the President to restore them. A bill (S. 7621) granting an increase of pension to .John B. It eems to me, Mr. Pre ident, that this is a Yery harsh ptm­ Hazen; iShment for a very small offense. I do not believe there is a A bill ( S. 7622) granting an increase of pension to John Senator in this Chamber who would correct his boy for treating Harper; his brother in that way. There is no eYidence whate>er in the A bill ( S. 7623) granting an increase of pension to Ann ca, e, so far as I can ascertain, where anyone was hurt, where Bacheller ; and anyone was humiliated, where any damage was done to an­ A bill (S. 7624) granting an increase of pension to Wilson M . other. The punishment is excessive. These young men were in . Mayo. ' . the first class, and their previous conduct had been excellent. I He also introduced a bill ( S. 7625) granting -an -jncrease of doubt if there is a Senator in this Chamber who has not sub­ pension to Charles W. Dinsmore, which was read twice by its mitted to much .severer punishment than was shown to ha>e title and referred to the Committee on Pensions. been inflicted upon theRe cadets. Probably that is the reason He also inb·oduced a bill ( S. 7626) for the relief of Lewis we are .here. Myshrall, which was read twice by its title and, with the ac­ There is another thing. Hazing goes on everywhere in the companying papers, referred to the Committee on 1\Iilitary world, in a way, and whilst I am opposed to inhumanity or Affairs. brutality, I do not think we ought to set up an example at He also inh'oduced a bill ( S. 7627) for the relief of John H. West Point which requires mothers to be there with theh· boys. Butman, which was read twice by its title and referred to the We lli'lve hazing here in the Senate, as those of us who are Committee on Na>al Affair . juniors know-it is a very respectable, decent kind of hazing­ 1\Ir. GALLINGER introduced a joint resolution ( S. R. 100) by which those who baye recently ar1ived are deprived of any to amend section 1608 of the Code of Law for the District of choice of rooms or of assignment to committees and have to Columbia, which was read nvice by its title and, with the ac- · take positions at the foot or wherever they are placed. That is companying paper, referred to the Committee on the District a mild form of llazing to which we must submit, and no one IS of Columbia. complaining. We h9pe to remain here long enough to get ont Mr. FLINT introduced a joint resolution ( S. R. 101) to re­ of this class. · store the status of the First Battalion :Mountaineers, California I ask that the bill be referred to the Committee on Military Volunteers, who served during the late war of the rebellion, Affairs, and that the paper containing the report of the Secre­ wllich was read twice by its title and, with the accompanying tary of War be published in the Rr-:conn and referred to that _paper, referred to the Committee on Mili.tary Affairs. committee. 1\Ir. BACON inh·oduced a joint resolution (S. R. 102) pro­ The bill was referred, with the accompanying paper, to the posing an amendment to the Constitutioll. of the United States Committee on Military Affairs, and the paper was ordered to be respecting the succession to the presidency in certain cases, printed in the RECORD, as follows: which was read twice by its title and referred to the Committee on the Judiciary. DECISION IN CADETS' CASE. Mr. CA'RTER introduced a joint resolution (S. R. 103) .for [Army and Navy Journal, Aug. 29, 1908, p. 1438.] The case of the West Point cadets charged with hazing reachea .a the relief of certain settlers in the Lake Basin of the .Billings final conclusion on August 2_4, when Maj. Gen. Fred C. A-insworth. 70 CONGRESSION AIJ RECORD-SEN ATE. DECEl\IBER 9'

Adjutant-~neral, . S. Army, forwarded letters to Cadets William T. Rossell, jr., and Harry •.r. Weaver, the suspended first-class men, in­ EMPLOYMENT OF STENOGRAPHER. forming them of their dismissal from the academy in pursuance of orde1·s ft·om the President and Secretary of War, and also sent letters Mr. CURTIS submitted the following resolution, which was to the six third-class men suspeni:led from the academy, informing them referred to the Committee to Audit and Control the Contingent that they had been suspended until J"une 15, 1909. The order in the Expenses of the Senate: · cases of the cadets will not be publi.shed in the usual form because they R esolv ed, That the Committee on Indian Depredations be, and the are not officers of the army. So far as the War Department is con­ cerned, this terminates the case of the cadets. Cadet Rossell is one same is hereby, authorized to employ a stenographer, to be paid from of the honor men of the first class, and Washington press advices say the contingent fund of the Senate, at the rate of $1,200 per annum, he will endeavor, through Congress, to obtain permission to return to said employment to continue during the Sixtieth Congress. the academy in a lower class. The six suspended cadets are: George POSTAL SAVINGS BA.NKS. ·W. Chase, jr., of New York; J"ames A. Gillespie, of Pennsylvania; Byron Q. J"ones, of New York; William Nalle, jr., of Virginia; William Mr. BURKETT. Mr. President, I iiave here a copy of an W. Prude, of .Alabama ; and Isaac Spalding, of Oklahoma, all of the address delivered by a very prominent banker of Nebraska be­ first class. This action of 1'he Adjutant-General was taken in accord­ fore the State Bankers' Association of that State upon the sub­ ance with the following recommendation of Secret ary Wright, which was approved by the President : ject of postal savings banks. It is not a very long address, and " Rossell and Weaver are the suspended first-class men. Rossell I ask rmanimous consent to have it printed in the REcoRD. It is seems to have been a ringleader in interfering with the plebes, and, in a very able address, written by one of our most prominent bank­ at least one instance, and probably more, laid hands upon them, al­ though not violently, and intimated, when objection was made, that the ers, a man who has carefully studied the subject, and it con­ victim should either submit or fight. This probably brings him directly tains a great deal of useful information, which will be helpful within the law, and I see no other course than that he should go. to us, I think, in view of the fact .that we are soon going to take .weaver seems to have been not quite so pronounced in his behavior, although he was guilty of practically the same thing as Rossell. The up the consideration of the postal savings-bank bill. remaining cadets are, I believe, third-class men. It seems to me that The VICE-PRESIDENT. The Senator from Nebraska asks in dealing with these young men their difference in age and length unanimous consent that the address referred to by him upon the of service in the academy should be given consideration. Rossell and Weaver, as first-class men, are much more matured, both in age and subject of postal savings banks be printed in the RECORD with­ knowledge of the rules and consequences of their infraction, while the out reading. Is there objection? third-class men had just ceased to be plebes ; and as they all say-and Mr. BACON. I do not, by the suggestion I am about to make, I have no doubt is the fact-were simply treating the newcomers just as they themselves had been treated, and probably, without any real mean to indicate any hostility to the measure referred to, but I reflection or perhaps knowledge of the gravity of their offenses as laid really think we ought not to load the RECORD. I should be very down in the rules. nder these circumstances I think a clear distinc­ glad to have the address printed as a document, and in that tion should be drawn between the offenders belonging to the first and third classes. - form it would be more convenient. "The a ct of Congress that forbids hazing and directs regulations to Mr. CULLOM. I was going to make the suggestion that the be made by the authorities of the academy does not prescribe what address be printed as a document instead of being printed in the hazing is. This is not a technical term, and we can only 11scertain the meaning of the word by reference to standard dictionaries. Web­ RECORD . . ster's International Dictionary defines hazing: ' To harass or annoy. Mr. BACON. In the form of a document it would be more by playing abusive or shameful tricks upon; to humiliate by practical convenient for reference and examination by Senators than if jokes-u ed especially of college students ; as the sophomores hazed a freshman.' The Century and Standard dictionaries give practically printed in the RECORD. the same definition. Mr. BURKETT. 1\fy experience as to papers printed as docu­ " Now, . none of the acts shown to have been committed by these ments is that Senators do not see them, but if printed in the young men come within this definition of hazin7. The evidence shows that while the offenders directed the plebes to brace '-that is, stand RECOR])-Which is laid on Senators' desks and delivered at theil· at attention with their shoulders thrown back, rub buckles, clean guns, houses each morning-they will be more likely to be glanced bring water from the spring, fall in at the fit·st assembly call, instead over. I do not want to violate any of the proprieties, I will of five minutes later at the second call-still none of these acts can hardly be fairly brought within this definition. They all, undoubtedly, say, of the Senate or of the RECORD, but I think I have observed were improper interference with the plebes, constituting an assumption heretofore that occasionally such addresses have been printed of authority over them in direct conflict with the regulations, for which in the RECORD. severe punishment should be meted out. " But the act of Congress which forbids hazing is extremely drastic Mr. BACON. Yes; too many times that has occurred. in character, in that it provides that any cadet found guilty of hazing Mr. BURKETT. I suppose I could read this address, and it shall be summarily dismissed from the academy, and, in addition, shall would then go into the RECORD; but I do not wish to do that. not be reappointed to the corps of cadets or be eligible for appointment Mr. CULLOM. I move that the Senate proceed to the consid­ as a commissioned officer in the Army and Navy or Marine Corps until two years after the graduation of the class of which he was a member. eration of executive business. This being so, I do not feel that it is just to extend the operations of The VICE-PRESIDENT. Is there objection to the request of this severe statute .by implication, especially in view of the fact that, the Senator from Nebraska [1\fr. BURKETT]? in my judgment, the offenses of which these young men were un­ doubtedly guilty can be adequately punished without resorting to the Mr. ALDRICH. If the motion of the Senator from illinois extreme penalty of expulsion. It is the certainty of punishment rather [Mr. CULLOM] is not to be put, I should like to know what is' than the severity that deters the commission of offense. At the same the request of the Senator from Nebraska? time, it should be made very clear to all the young men at the academy that obedience to the regulations imposed and the observance of a proper The VICE-PRESIDENT. The Chair understands that the deportme:1 t toward the younger members is exacted. Senator from Nebraska has the floor. Is there objection to his "I therefore recommend that Cadets Rossell and Weaver be dis­ request? missed from the academy, and that the other six be suspended, with loss of all pay and allowances, until J"une 15, 1909, when they will join Mr. ALDRICH. What is the request? the third class. This is the course recommended by Scott, and The VICE-PRESIDENT. The request is that the address · I am inclined to think, with him, that it will be better to have them re­ submitted by him on the subject of postal savings banks by a main in their homes during the year of suspension, rather than to go over the same course which they have just finished, which would be the banker of Nebraska be printed in the RECORD without reading. case were they turned back a year and allowed fo remain at the acad­ Mr. ALDRICH. 1\Ir. President, I shall certainly object to emy. He tells me that this is the usual procedure in such cases." that. That is a precedent that should not be established. AMENDMENT TO OMNIBUS CLAIMS BILL. The VICE-PRESIDEli.TT. Objection is made. Mr . BURE..'""ETT. Then I will ask to have the address read at Mr. DICK submitted an amendment intended to be proposed the desk. -by him to House billl5372, known as the "omnibus claims bill," ~rhe VICE-PRESIDENT. Is there objectiOi.J. to the reading which was referred to the Committee on Claims, and ordered of the address? to be printed. Mr. CULLOM. I think the Senator had better consent to · TA.BIFF REPORTS, E_TC. let it be printed as a document, for that is the most convenient Mr. ALDRICH. I present a series of reports upon tariff form in which to have it and it will be just as much circulated methods, with references to the debates in Congress from 1846 in that shape as in any other. Mr. BA.CON. There will be a number of speeches in the . to 1897, prepared by Mr. George H. Boyd, superintenden~ of the Senate document room. The matter is mostly out of print, and RECORD on the subject of postal savings banks. The Senator I ask that it may be printed in document form for the use of need not fear that the subject will not be aired sufficiently be­ the Senate and referred to the Committee on Finance. fore we get a vote on it. I shall be very glad to read the 1.'here being no objection, the order was agreed to, as follows: speech, and I promise the Senator to do so, if he will have it printed as a document. 01·dercd, That sundry documents and papers relative to tal'iff legis­ lation, 1846-1897, reports on tarilf acts, 1888, 1890, 1894, and 18!>7, Mr. BURKETT. I will say that if this were a very long be printed as one document for the use of the Senate and referred to speech I would not have made the request that it be printed in the Committee on Finance. the RECORD. As the Senator from Illinois [Mr. CULLoM] is go­ . JAMES A. KNIGHT. ing to object to that and really thinks it ought not to go into the RECORD, and as he bas very kindly asked me to change my On motion of Mr. FoRAKER, it was request so that the paper may be printed as a document, I am Or(Jc>rcd, That there may be withdrawn from the files of the Senate disposed to agree to the suggestion of the Senator from Illi· all papers relating to the bill ( S. 4479, Fifty-ninth Congress, first session) granting an honorable discharge to J"ames A. Knight, there nois-- havl~ been no adverse report on said bill. Mr. CULLOM. I hope the Senator will do that. 1908. CONGRESSIONAL RECORD-SENATE. 71

Mr. BURKE'IT. And ask to have the address printed as a the 'Quebrada Ojo de Agua • near Rincon for the purpose of furnish• ing water for its locomotives." document. . . In The VICE-PRESIDENT. the absence of objection, the THE WHITE HOUSE, December 9, 1908. paper submitted by the Senator fi·om Nebraska will be printed as a public document. BRIDGE OVER BAYAMON RIVER. PORTO RICO. MEMORIAL ADDRESSES ON THE LATE SENATOR PROCTOR. The VICE-PRESIDENT laid before the Senate the following Mr. DILLINGHAM. Mr. President, prior to the adjournment message from the President of the United States, which was of the last session of Congress I gave notice that on Saturday read and, with the accompanying papers, referred to the Com­ next I would ask the Senate to consider resolutions com­ mittee on Pacific Islands and Porto Rico and ordered to b~ memorative of the life and character of my late colleague, the printed: Hon. REDFIELD PROCTOR. I desire now to withdraw that notice To the Senate and House of Representati.,;es: In accordance with section 32 of an act of Congress entitled "An act and to say that I will ask the Senate to consider those resolu­ temporarily to provide revenues and a civil government for Porto Rico, tions on Saturday, the 9th day of January next. and for other purposes," approved April 12, 1900, I transmit herewith ANNUAL REPORT OF GOVERNOR OF PORTO RICO. copy of an ordinance granted by the executive council of Porto Rico October 29, 1908, entitled "An ordinance granting to A. Monroig (i The VICE-PRESIDENT laid before the Senate the following Hijos, Sucesores, the right to construct an iron bridge over the Bayamon message from the President of the United States, which was River, in the municipal district of Bayamon, barrio of Juan Sanchez!' THEODORE ROOSEVELT. read and, with the accompanying papers, referred to the Com­ THE WHITE HOUSE, December 9, 1908. mittee on Pacific Islands and Porto Rico and ordered to be printed: DISTRIBUTION AND SALE OF GAS IN SAN JUAN. To the Senate and House of Rept·esentatives: The VICE-PRESIDENT laid before the Senate the following I transmit herewith for the information of the Congress the annual message from the President of the United States, which was report of the governor of Porto Rico for the fiscal year ending June read and, with the accompanying papers, referred to the Com­ 30, 1908. mittee on Pacific Islands and Porto Rico and ordered to be THEODORE ROOSEVELT. printed : THE WHITE Hou~J December 9. 1908. To the Senate and House of Representati.,;es: TELEPHON]: LINES IN PORTO RICO. In accordance with section 32 of an act of Congress entitled "An act temporarily to provide revenues and a civil government for Porto Rico, The VICE-PRESIDE~""T laid before the Senate the ,following and for other purposes," approved April 12, 1900, and section 2 of the message from the President of the United States, which was joint resolution amending said act, approved May 1, 1900, I transmit herewith copy of an ordinance granted by the executive council of read and, with the accompanying papers, referred to the Com­ Porto Rico, entitled "An ordinance granting to Arturo Rodriguez the mittee on Pacific Islands and Porto Rico and ordered to be right to construct, maintain, and opet·ate a system for the manufacture, printed: distribution, and sale of gas for light, heat, and power purposes in the To the Senate and House of Representatives: municipality of San Juan." THEODORE ROOSEVELT. In acrordance with section 32 of an act of Congress entitled ".An act 'rHE WHITE HOUSE, December 9, 1908. temporarily to provide revenues and a civil government for Porto Rico, and for other purposes." approved April 12, 1900, and section 2 of the The VICE-PRESIDE...~T laid before the Senate the following joint resolution amending said act, approved May 1, 1900, I transmit message from the President of the United States, which was herewith copy of an- ordinance granted by the executive council of Porto Rico, entitled "An ordinance granting a revocable permit to Pablo read ::md, with the accompanying papers, referred to the Com­ Calcerrada, his heirs, executors, and assigns, the right to construct, mittee on Pacific Islands and Porto Rico and ordered to be maintain, and operate a private telephone line to connect the three printed: plantations of Latorre, Bartolo, and Mirasol, in the municipal district of Lares." To the Senate and House of Represe,tati~;es: THEODORE ROOSEVELT. In accordance with section 32 of an act of Congress entitled "An act temporarily to provide revenues and a civil government for Porto Rico, THE WHITE HOUSE, December 9, 1908. and for other purposes," approved April 12, 1900, and section 2 of the The VICE-PRESIDENT laid before the Senate the following joint resolution amending said act, approved :May 1, 1900, I tmnsmit herewith copy of an ordinance granted by the executive council of message from the President of the United States, which was Porto Rico, entitled "An ordinance amending an ordinance entitled 'Ali read and, with the accompanying papers, referred to the Com­ ordinance granting to Arturo Rodriguez the right to construct, main­ mittee on Pacific Islands and Porto Rico and ordered to be tain, and operate a system for the manufacture, dlstribution, and sale of gas for light, heat, and power purposes in the municipality of San printed: Juan.'" · To the Senate and House of Representati.,;es: THEODORE ROOSEVELT. In accordance with section 32 of an act of Congress entitled "An THE WRITE HOUSE, December 9, 1!J08. act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes," approved April 12, 1900, I transmit PUBLIC PIER IN HARBOR OF SAN JUAN. herewith copy of an ordinance granted by the executive council of Porto Hico, entitled "An ordinance repealing an ordinance entitled The VICE-PRESIDE.NT laid before the Senate the following 'An ordinance granting to the municipality of Guuyama the right to message from the President of the United States, which was construct a telephone line between Guayama and Arroyo. and to read and, with the accompanying papers, referred to the Com­ operate the same for public purposes,' enacted December 2, 1902." mittee on Pacific Islands and Porto Rico and ordered to be THEODORE ROOSEVELT. printed: THE WHITE HOUSE, December 9, 1908. • To the Senate and House of Representatives: RAILROADS IN PORTO RICO. In accordance with section 32 of an act of Congress entitled "An act temporarily to pro;;ide revenues a.Jld a civil government.-for Porto The VICE-PRESIDENT laid before the Senate the following Rico, and for other purposes," approved April 12, 1900, :t transmit message from the President of the United States, which was herewith copy of an ordinance granted by the executive council of Porto Rico, entitled "An ordinance granting to A. A. David the right read and, with the accompanying papers, referred to the Com­ to build, maintain, and operate a public pier in the harbor of San Juan, mittee on Pacific Islands and Porto Rico and ordered to be at Catano.'' printed: THEODORE ROOSEVELT. THE WmTE HousE, December 9, 1908. To the Senate and House of Representati.,;es: In accordance with section 32 of an act of Congress entitled "An SAN JUAN LIGHT AND TRANSIT COMPANY. act temporarily to provide revenues and a civil government for Porto The VICE-PRESIDE.!.~T laid before the Senate the following Rico, and for other purposes," approved April 12, 1900, and section 2 of the joint resolution amending said act, approYed May 1, 1900, I message from the President of the United States, which was transmit herewith copy of an ordinance granted by the executive read and, with the accompanying papers, referred to the Com­ council of Porto Rico, entitled "An ordinance granting a revocable mittee on Pacific Islands and Porto Rico and ordered to _be permit to the Insular Dock Company to connect its railway track on pier No. 2 with the track of the American Railroad Company lying printed: along the bulkhead of the harbor of San Juan." To the Senate and House of Representatives: THEODORE ROOSEVELT. In accordance with section 32 of an act of Congress entitled "An THE WHITE HOUSE, December 9, 1908. act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes," approved April 12, 1900, I transmit The VICE-PRESIDENT laid before the Senate the following herewith copy of an ordlnance granted by the executive council of Porto message from the President of the United States, which was Rico, entitled "An ordinance granting the San Juan Light and Transit read and, with the accompanying papers, referred to the Com­ Company a revocable permit or privilege to change the location of that part of its railroad extending from the northeastern corner of the mittee on Pacific Islands and Porto Rico and ordered to be junction of Comercio and Tanca streets to a point in San Justo street printed: north of its intersection with Recinto Sur street to a new location, as To the Senate and House of Representatives: follows : Northerly along the most practicable route to Racinto Sur Jn accordance with section 32 of an act of Congress entitled "An street, and thence along said street to San Justo street." act temporarily to provide revenues and a civil government for Porto THEODORE ROOSEVELT. Rico, and for other purposes," approved .April 12, 1900, I transmit THE WHITE HousE. December 9, 1908. herewith copy of an ordinance granted by the executive council of R. SANCHEZ MONTALVO. Porto Rico November 5. 1908, entitled "An ordinance granting to the Compania de los Ferrocarriles de Puerto Rico, its successors and The VICE-PRESIDENT laid before the Senate the following assigns, the right to take forty (40) }it-ars: nt water per minute from message from the President of the United States, which was 72 CONGRESSIONAL RECORD-SENATE. DEOEMBER' 9, re!:ld and, with the accompanying papers, referred to the Com­ First Lieut. Allen· Parker, Twenty-sixth Infantry, to be cap­ ~ittee on Pacific Islands and Porto Rico and ordered to be tain from October 31, 1903, vice Ballou, Twelfth Infantry, printed: detailed as quarterrr.~ster. To the Senate and House of Representatives: To be first lieutenants. In accordance with section 32 of an act of Congress entitled "An act temporarily to provide revenues and a civil government for Porto Second Lieut. Jesse M. Holmes, Eighteenth Infantry, from Rico, and for other purposes," approved April 12, 1900, I transmit July 18, 1908, vice Beacham, Twenty-seventh Infantry, pro­ herewith copy of a franchise granted by the executive council of Porto moted. Rico, November 5, 1908, entitled "An ordinance granting R. Sanchez Montalvo, his heirs, successors, and assigns, the right to take and use Second Lieut. Maynard A. Wells, Tenth Infantry, from July 41 liters of water per second for industrial purposes from the brook 24, 1908, vice McConnell, Seventeenth Infantry, protnoted. Juan Gonzales, in the barrio Pallejas, in the municipal district of Second Lieut. Hans 0. Olsen, Eighteenth Infantry, from Adjuntas." THEODORE ROOSEVELT. August 18, 1908, vice Stone, Third Infantry, retired from active THE WHITE .HOUSE, December 9, 1908. service. Second Lieut. Charles A. Thuis, Twenty-third Infantry, from EXECUTIVE SESSION. August 27, 1908, vice Hazzard, Seventh Infantry, wholly re­ Mr. CULLOM. I move that the Senate proceed to the con­ tired. sideration of executive b·usiness. Second Lieut. Claremont A. Donaldson, Twenty-third Infan­ The motion was agreed to, and the Senate proceeded to the try, from September 8, 1908, vice Rifenberick, Twenty-ninth consideration of executive business. After seventeen minutes Infantry, promoted. spent in executive session the doors were reopened, and (at 1 Second Lieut. Franklin T. Burt, Twenty-fourth Infantry, o'clock and 22 minutes p. m.) the Senate adjourned until to­ from September 16, 1908, vice Johnson, Eleventh Infantry, pro­ morrow, Thursday, December 10, 1903, at 12 o'clock meridian. moted. Second Lieut. Rutherfurd S. Hartz, Twenty-first Infantry, NOl\fiNA'riONS. from September 28, 1908, vice Bloom, Fourth Infantry, deceased. Second Lieut. Townsend Whelen, Thirtieth Infantry, from Executive nominations t·eceived by the Senate D ecentber 9, 1908. October 2, 1908, vice Hay, Twenty-fourth Infantry, promoted. COLLECTOR OF CUSTOMS. Second Lieut. Charles S. Hamilton, Thirteenth Infantry, John T. Rich, of 1\fichigan, to be collector of customs for the from October 11, 1908, vice Pearce, Thirteenth Infantry, de· district of Huron, in the State of Michigan, in place of Lincoln ceased. A very, removed. Second Lieut. Joseph F. Ware, Twenty-first Infantry, from October 15, 1908, vice Gibert, Thirteenth Infantry, resigned. PROMOTIONS IN THF. REVENUE-CUTTER SERVICE. Second Lieut. Harry L. Jordan, Eighth Infantry, from Octo­ Cadet James Pine, of New York, to be a third lieutenant in the ber 19, 1908, vice Wescott, Sixteenth Infantry, promoted. Revenue-Cutter Service of the United States, to fill an original Second Lieut. Dean Halford, Twenty-second Infantry, from vacancy. October 27, 1908, vice Nettles, Twenty-first Infantry, retired Cadet 1\fichael John Ryan, of Colorado, to be a third lieu­ from active service. · tenant in the Revenue-Cutter Service of the United States, to :fill an original vacancy. APPOINTMENTS IN THE ARMY. Cadet Edward Joseph Donohue, of New York, to be a third MEDICAL RESERVE CORPS. . lieutenant in the Revenue-Cutter Service of the United States, To be first lieutenant, with rank trorn November 11, 1908. to fill an original vacancy. Alwin M. Guittard, of Ohio: . Cadet Warner Kieth Thompson, of Iowa, to be a third lieu­ tenant in the Re-venue-Cutter Service of the United States, to To be first lieutenants, with rank fro·m November $34, 1908. fill an original -vacancy. . Felix Edward Ashcroft, of South Dakota. Cadet Joseph Raoul Besse, of North Dakota, to be a third Rhodric Winfield .Browne, of Virginia. lieutenant in the Revenue-Cutter Service of the United States, Joseph Forrest Burnham, of Massachusetts. to :fill an original vacancy. John Tilden Burrus, of North Carolina. • Cadet William Francis Towle, of Massachusetts, to be a third George Abner Clotfelter, of Illinois. lieutenant in the Re-venue-Cutter Service of the United States, George Peter Coopernail, of New York. to fill an original Yacancy. Guy Parker Dillon, of California. J oseph Lewi Donhauser, of New York. ASSISTANT APPRAISER OF l\IERCHANDISE. Edgar Francis Hamlin, of Rhode Island. John D. McEwen to be assistant appraiser of merchandise in Hans Hansen, of Iowa. the district of New York, in the .state of New York, in place of J ames William Hartigan, of West Virginia. John D. Smith, resigned. Charles Byam Hollings, of Massachusetts. PROMOTIONS IN THE. ARMY. Warren Edglie Kershner, of Maine. MEDICAL CORPS. George Christopher Kieffer, of Pennsylvania. Capt. Elmer A. Dean, Medical Corps, to be from De­ Fred Elsworth Lettice, of New York. Charles James McGee, of Kansas. cember 4, 1908, vice Kulp, retired from active service. William Marshall, jr., of Delaware. CAV.ALRY ARM. Hugh Thomas Nelson, jr., of Virginia. Lieut. Col. Edward J. 1\fcClernand, First Cavalry, to be William Henry Steers, of New York. colonel from November 20, 1908, vice Bomus, Ninth Cavalry, Irwin Coleman Sutton, of Nebraska. retired from active service. Ira Chestnut Young, of Missouri. Maj. ·William A. Shunk, Eighth Cavalry, to be lieutenant­ Herbert Homer Smith, of Kansas. colonel from November 20, 1908, vice McClernand, First Herbert Holman Skinner, of Missouri. Cavalry, promoted. • To be first lieutenant, with rank from D ecembet· 2, 1908. Capt. Francis G. Irwin, Second Cavalry, to be major from November 20, 1908, vice Shunk, Elighth Cavalry, promoted. Matthew J. Shields, of Pennsylvania. First Lieut. Roger S. Fitch, First CavalTy, to be captain from CAVALRY ARM. November 20, 1908, Yice Irwin, Second Cavalry, promoted. Claude De Busy Hunt, at large, to be , with COAST ARTILLERY CORPS. rank from December 14, 1908. Lieut. Col. Adam Slaker, Coast Artillery Corps, to be colonel APPOINTMENT, BY TRANSFER, IN THE ARMY. from December 8, 1903, vice Greenough, retired from active COAST ARTILLERY CORPS. service. • Second Lieut. Marcel Selby Keene, Twenty-fourth Infantry, 1\Iaj. George F. Barney, Coast Artillery Corps, to be lieuten­ to the Coast Artillery Corps, with rank from October 2, 1008. ant-colonel from December 8, 1908, vice Slaker, promoted. Capt. Thomas n. Lamoreux, Coast Artillery Corps, to be PLACED ON THE RETIRED LIST OF THE ARMY. major from December 8, 1908, vice Barney, promoted. Col. George G. Greenough, retired, with the rank of brigadier­ INFANTRY ARM. general from December 8, lDOS. Maj. John C. F. Tillson, Fourth Infantry, to be lieutenant­ First Lieut. Francis A. Halliday, retired, with rank of captain colonel from December 7, 1908, vice Torrey, Eighteenth In­ from September 13, 1908. fantry, deceased. PROMOTION IN THE NAVY, Capt. Amos B. Shattuck, unassigned, to be major from De­ Rear-Admiral Newton E. Mason, U. S. Navy, to be Chief cember 7, 1908, vice Tillson, Fourth Infantry, promoted. · of the Bureau of Ordnance in th~ Depa-rtment ot the Navy, 19Q8. CONGRESSIONAL RECORD-HOUSE. .73. ------.------·---- with the rank of rear~admiral, for a term of four years from The election of the contestee was brought about as the nominee of tbe Democratic party, and tbe votes cast for bim at the election on January 9, 1909. November 8, 1908, for Member of Congress for the First Congressional MEMBERS OF THE PHIL1:PPINE CoMMISSION. District of Louisiana were so east in pursuance of bis nomination as the Democratic candidate, which nomination was procured at a primary Under the provisions of the act of Congress approved July 1, election held in said district by said party on --, 1908. Said pri­ 190~, entitled "An act temporarily to provide for the adminis­ mary election was ordered and held undet· tbe terms of act 49 of 1906, known as the "primary election law," wbicb provides in section 9 : tration of affairs of civil government in the Philippines, and "Be it further enacted, etc., That the qualifications of tbe voters and for other purposes," as amended by the act of Congress approved candidates in all primaries held under this act shall be the same as May 11, 1908, increasing the membership of the Philippine now required by the constitution and election laws of this State .for voters at general electlons subject to an additional political qualifica­ Commission, I submit the following nominations: tion which may be prescnbed1 by tbe state central committees of tbe . W. Cameron Forbes, of Massachusetts, to be vice-governor respective political parties coming under the provisions of this act. of the Philippine Islands, to which office he was appointed dur­ Tbe representative state central committee of the respective J?Olitical parties coming under the provisions of this act shall meet witbm sixty ing the last recess of the Senate, vice Henry Clay Ide, resigned. days after the promulgation of this act and then fix tbe said addi- Gregorio Araneta, of the Philippine Islands, to be a member tional political qualifications as herein authorized." · of the and secretary of finance and Acting under the authority above stated, .the state central committee of tbe Democratic party, at a meeting held in tbe city of New Orleans, justice in the government of the Philippine Islands, to which July 28, 1906, took up this question and disposed of it as follows: office he was appointed during the last recess of the Senate, vice "On motion of Congressman DAVEY it was declared that the ad­ Henry Clay Ide, resigned. ditional qualifications authorized under the primary election law should be that the participants in the Democratic primaries should be 'white Newton W. Gilbert, of Indiana, to be a member of the Philip­ Democrats.' Judge Porter wanted tbe qua)ifications amended to 'well­ pine Commission, to which office he was appointed during the known white Democrats.' This was not urged and Congressman last recess of the Senate, to fill an original vacancy. DAVEY's motion prevailed." On --- the Democratic executive committee of tbe First Con­ Rafael Palma, of the Philippine Islands, to be a member of gressional District of the State of Louisiana met in tbe city of New the Philippine Commission, to which office he was appointed Orleans, and under tbe authority of tbe law above quoted, and by di­ during the last recess of the Senate, vice Benito Legarda, re­ rection of the Democratic state central committee in its enactment to nominate a Democrat candidate for Congress in said district, to wit : signed. "Be it resolved by the committee, That a primary election be held throughout tbe First Congressional District on ---, at which qualified Democratic electors, wbo shall also be white Democrats, shall CONFIRMATIONS. vote for a Democrat nominee for Congress for the said district, and. also !or member !rom each parish forming said district to be a member Er»ectttive nontinations confirmed by the Senate December 9, of said committee, and also for members at large from tbe said dis­ 1908. trict, who shall be members of the committee under provisions of tbe act 49 of 1906.'' SECRETARY OF WAR. In the Democratic primary, so called, and held on ------, 1908, tbe contestee became a candidate for the Democratic nomination, Luke E. Wright, of Tennessee, to be Secretary of War. and was finally declared nominated as the Democratic candidate, and SECRETARY OF THE NAVY. in accordance with said nomination, so procured, his name was placed on tbe official ballot as such Democratic candidate, be was so voted Truman H. Newberry, of Michigan, to be Secretary of the upon at tbe general congressional election of November 3, 1908, and Navy. as a result thereof bas been officially declared elected to tbe Sixt1etb Congress of the United States as Representative from the First Con­ 1\fiNISTER RESIDENT AND CONSUL-GENERAL. gressional District of Louisiana. Hoffman Philip, of New York, to be minister resident and con­ Now contestant further alleges that tbe said no::nination was abso­ lutely null, void, and of no etiect because procured and made in pursuance sul-general to Abyssinia. of Act 49 of 1906, wbicb in so far as section 9 is concerned is in POSTMASTERS. contradiction and defian.ce of the constitution of tbe State of Louisiana and of the fifteenth amendment of the Constitution of the United States, NEW HAMPSHIRE, and therefore it is unconstitutional, null, and void; that this action of the state central committee of tbe Democratic party and of the first John H. Brown, at Concord, N. H. congressional committee of said party is likewise in contradition and defiance of the constitution of the State of Louisiana and the fifteenth WASHINGTON. amendment of tbe Constitution of the United States; that accordingly George H. Russell, at Seattle, Wash. every act leading up to tbe nomination of tbe contestee was nulJ and void ; that said nominati~m was null and void, and every ballot cast for tbe contestee at tbe election of November 3, 1908, was a null and void ballot, absolutely without etiect, and should not have been counted in HOUSE OF REPRESENTATIVES. ascertaining the result of said election. Now contestant further shows that be was regularly nominated as tbe candidate of tbe Republican party for Member of tbe Sixtieth WEDNESDAY, December 9, 1908. Congress of the United States to fill the vacancy caused by the death of the Hon. Adolph Meyer; that said nomination was made in a per­ The House met at 12 o'clock noon. fectly legal and constitutional manner; that as such nominee be re­ Prayer by the Chaplain, Rev. Henry N. Couden, D. D. ceived many legal votes, legally cast throughout tbe district, and that The Journal of the proceedings of yesterday was read and as a partisan Democratic board bas returned and allowed him a num­ ber of such votes for member of your honorable body as a result of approved. said election of November 3, 1908, and that as tbe votes cast for the ELECTION IN THE FIRST CONGRESSIONAL DISTRICT OF THE STATE OF contestant were the only legal and valid votes cast in said election, contestant upon the face of the returns is entitled to the seat in the LOUISIANA. Sixtieth Congress of the United States to which the contestee has been The SPEAKER. The Chair lays before the House the fol­ returned. Tbe contestant further shows that tbe entire election machinery in lowing memorial : the State of Louisiana, including the contest of party nominations, the The Clerk read as follows : preparation of ballots and tbe distribution of said ballots, tbe appoint­ LAWRENCE, LA., December 4, 1908. ment of commissioners of election, tbe count and canvass of votes, tbe Hon. JoSEPH G. CANNON, compilation and promulgation of returns-in fact, every detail-is Speaker of the House of Representatives, Washington, D. 0. vested by unequal, unjust, and unconstitutional laws in tbe bands o! Sm: I have the honor to present to you a memorial to tbe IIouse partisan Democrats and Democratic boards, with the result that the of Representatives, contesting the right of ALBERT ESTOPINAL, who Republican and every other form of opposition is being gradually holds a certificate of election to fill tbe vacancy caused by the death counted out and legislated out of existence in the State of Louisiana ; of tbe Hon. Adolph Meyer. I beg that you have it referred to the that said unequal, unjust, and unconstitutional laws have declared, Committee on Elections, and that I be notified by said committee when and the courts of Louisiana have maintained, tbe proposition that to appear and make good my memorial. there is not even an appeal to the courts for redress from the action I have the honor to be of said pa.rtisan boards, and it bas become an accepted Democratic Your obedient servant, H. w ARiUOTH. doctrine in Louisiana that there is no "going behind tm returns;" c. that und~..r these circumstances · contestant is shut out from all redress lN THE HOUSE OF REPRESENTATIVES, SIXTIETH CONGBESS OF THE except oy memorial to the Congress of tbe United States. UNITED STATES. Wherefore your memorialist prays that this contest, notice of which Henry C. Warmoth, contestant, v. Albert Estopinal, contestee. bas been given as required by law and by tbe rules and regulations of your Committee on Elections, be taken cognizance of by tbe House To the honorable the Speaker and Members of the House of Representar­ of Representatives of the Sixtieth Congress of the United States; that tives, Sia;tieth Oongt·ess of the United States: after due proceedings had and a hearing as to the matters herein con­ The memorial of Henry C. Warmoth, a citizen of the United States of tained and recited, contestant be given a seat as Representative in 'America, respectfully represents- . Congress from the First Congressional District of the State of Louis­ That on the 3d day of November, 1908 A. D., an election was held iana over t.lle said Albert EstopinaL, contestee, with all the privileges, In the lfirst Congressional District of the State of Louisiana for Member duties, and emoluments of a duly elected Member of Congress, and con­ of. your honorable body to represent the said district in the Sixtieth testant further prays for general relief. Congress of the United States to fill the vacancy caused by the death HENRY C. WARMOTH, Contestant. of tbe Hon. Adolph Meyer ; and in said election your memorialist was DECEMBER 1, 1908. the candidate of tbe Republican party ; that opposed to bis candidacy tbe name of Albert Estopinal appeared upon tbe official ballot prepared By unanimous consent the memorial was referred to Election by tbe secretary of state for said election, and as a candidate of tbe Democratic party; that the said Esto:pinal has been declared elected Committee No.1. and bas been commissioned to a seat m your honorable body in pur­ suance of said election. RESIGNATION AND APPOINTMENT OF CONFEREES, The memorialist alleges that he desires to contest the right of the The SPEAKER. Mr. GARDNER of Massachusetts asks to be said Albert Estopinal to . a seat in the Sixtieth. Congress o~ the United States upon tbe following grounds and for reasons, tQ wit: excused from service as manager of conference on the bill (H. R. 74 CONGRESSIONAL RECORD- HOUSE. D ECEJ\ffiER 9 ~

13851) pronding for the purchase of a site and the erection Qf would be impossible for them to resist the pressw·e which would a new immigration station thereon at the city of Boston, Mass. be brought again t them and, therefore, some other system must Without objection, the request will be granted. be devised. What shall it be? There was no objection. This bill lea\-es theoretically the appointment to the head of The Chair appointed Mr. FRENCH in place of Mr. GAIIDNER of the bureau, but while the power is theoretically left to him, we Massachusetts as manager on the part of the House. know uy long experience, and especially by the experience of the last census, that really he will have >ery little power of elec­ LEAVE OF ABSENCE. tion. We know that he will appoint, and it is intended that he By unanimous· consent, leave of absence was granted indefi­ shall appoint, not the clerks whom he think will be. t perform nitely to Ur. NoRRIS on account of illness in his family. the work of the office, but the clerks whom members of Congress THIRTEENTH DECENNIAL CENSUS. and other influential men press upon him. That system was Mr. CRUMPACKER. 1\Ir. Speaker, I move that the House tried ten years ago, and while contradictory statements are resolve itself into the Committee of the Whole House on the made as to its success and to its comparati>e efficiency, there is state of the Union for the further consideration of the bill no question that men were appointed whom examination (H. R. 16954) to provide for the Thirteenth and subsequent showed were not qualified. Under urgency from members of decennial censuses. Congre s, repeated examinations were held. If a favorite pro­ The motion was agreed to. tege failed once or twice, a third examination wa arrangeu for The SPEAKER. On a former occasion the gentleman from him, such an examination as would meet the capacity of the Illinois, Mr. FuLLER, presided over th~ committee. The Chair applieant, and in this way under political pre ure men were will ask him to now assume the chair. forced into the office who had been pronounced unfit by the regu­ Accordingly, the House resolved itself into the Committee of lations adopted. the Whole House on the state of the Union for the further con­ So, while the kind of an examination which was required ten sideration of the census bill, with Mr. FULLER in the chair. years ago and which it is now proposed to repeat accomplishes The CHAIRMAl~ . The Clerk will read. something and recognizes the growth of public opinion. and The Clerk read as follows : shows that the people will no longer permit clerkshipS' to be SEc. 7. That the additional clerks and other employees provided for allotted purely as congressional spoils without any regard to in section 6 shall be subject to such noncompetitive examination as the the merits of the applicants, still it is, I think, clearly inferior Director of the Census may prescribe, the said examination to be con­ to a competitive examination. That at least gets the average ducted by the United States Civil Service Commission: Provided, That they shall be selected without regard to the law of apportionment or to material, and, I think, much better than the aYerage material. the political party affiliations of the applicunts, and that preference The other does not. The other merely gets such rna teria l as may be given to persons having previous exper·ience in census work members of Congress may choose to impose, and in their selec­ whose efficiency record are satisfactory to the said Director, who may, in his discretion, accept such records in lieu of said examination : Ana tion they are often not governed by the good of the service but pt·ov·ided further, That employees in other branches of the departmental by their own political needs. service who have had previous experience in census work may be trans­ But the advantage of selecting the force by competitive ex­ ferred without examinat ion to the Census Office to serve during the whole or a part of the decennial census period, a_nd at the e~d of such amination does not end with the original appointment. Under service the employees so transferred shall be eligible to appOllltment to that system the force is constantly sifted, the best men are positions of similar grade in any department without examination : Ana retained and the poorest men dropped. While the official does provided further, That during the decennial census period and no longer the Director of the Census may fill vacuncies in the permanent force of not have a free band in selection, but has to take what the the Census Office by the promotion or transfer of clerks or other em­ examination gives him, he is perfectly free subsequently; and ployees employed on the temporary force authorized by section 6 of this he can, and his interests will compel him to, retain the men act: And prov-i ded further, That at the expiration of the decennial census period the term of service of all employees so transferred and of who are most capable and to drop out the others. all other temporary officers and employees appointed under the provi­ But under the system provided by this bill he is obliged to sions of this act shall terminate, and such officers and employees shall keep the men imposed upon him, regardless of their merits. not thereafter be eligible to appointment or transfer into the classified service of the Government by virtue of their examination or appoint­ The same influence which secured their appointment will" be ment under this act. exerted .with persistent effort to keep them in their places, and 1\Ir. GILLETT: 1\fr. Chairman, I offer . the following amend­ no matter how inferior their services or how gladly he would ment, which I send to the desk and ask to have read. dismiss them, he is constrained by pressure to keep them, and The Clerk read as follows: so, instead of improving this force by weeding out the poor On page 4, line 19, after the word •• employees," insert "except mes­ men and keeping the better ones, its condition remains the same senaers, assistant messengers, messenger boys, watchmen, unskilled and the poorest men with the influence back of them have the laborers, and charwomen." same chance of remaining as the best. In line 20 strike out "non." 1\Ioreover, the membership of Congress changes every two 1\Ir. GILLETT. Mr. Chairman, this amendment proposes, in­ years, and then the new Uember claims his proportion of clerlrs. stead of the provision of the bill, that the selection of the clerks and those whom his predecessor had appointed, and who, what­ shall be by competitive examination. Now, this is an important ever their original qUalifications, must have impi·oved some~ question which I think interests the House, and I should like what by two years' expeJ,·ience, a're turned adrift and new men briefly to submit my reasons for the amendment which I have taken in their places. So that the system inevitably produces offered, but I can not do it in five minutes. I therefore ask in the cow·se of trial a poorer assortment of clerks than would unanimous consent that I may proceed for ten or fifteen exist under a competitive system where there was no selfish minutes. influence to either appoint ·or retain worthle s clerks. The The CHAIRMAN. Is there objection? clerks who get in under competitive examination win their There was no objection. places by merit and by merit alone can they keep them. The Mr. GILLETT. This bill provides that no clerk shall be em­ others gain their places by patronage reg[\rdless of comparative ployed until he has successfully passed an examination, and it merit, and by patronage they keep them whether with merit or thereby recognizes and admits the value of an e:s:amination in without. determining fitnes , and so far it is progressive and up-to-date; Moreover, not only does the system adopted in this bill pre­ but the examination which it stipulates is not competitive, and vent the selection of the best clerks originally and prevent the therein it is, in my opinion, fundamentally and fatally de­ subsequent dropping of the poorest and retention of the b t, fective. but it also necessarily adds to the expense by making it diffi­ I do not claim that a system of competitive examinations is cult for the director to discharge clerks when they are no longer ideal, that it always selects the best clerks; but I think it is needed. Every Congres man, who ought ~o wi h that the census infinitely prderable to the substitute which is offered in this work should be completed as quickly as possible, has, on the bill or to any other which is practicable. The ideal method contrary, some selfish interest in the prolongation of the work undoubtedly would be to leave the appointing officer absolutely and the increase of the for:ce, and may be compe1led to influence free to select whatever as istants he pleased. Power ought to the director to retain superfluous clerks. A system is unfor­ go with responsibility, and the head of a department or of a tunate which arrays a legislator's selfish interest against his bureau who is responsible for the work accomplished by that public duty. bureau ought to have the unhampered power of selecting the There is in this bill a clause which says that the clerks shiill agents through whom his work must be accomplished. Then, be -appointed without regard to politics, and that has a lofty alone, can he be held strictly accountable for the work done sound, but I understand that the real meaning of it for this and be entitled to either praise or blame according to the re­ census is only that they shall be divided equally among the sults. But we know that is impossible with our system of gov­ Congressmen without regard to party. Ten years ago a Repub­ ernment; that if we should give theoretically a free hand to the lican Member received more than a Democratic 1\Iember, but appointing officers they would be compelled by outside influence this year they are to be appointed without regard to politics, to make appointments which they really did not desire; that it and the plan and arrangement is that each Member of Congress, 1908. CONGRESSIONAL RECORD- HOUSE. 1

Republican or Democratic, shall receive the same number of him, the duty -of diStributing the· patronage. We make him a appointments, except, undoubtedly, members of the Census Com­ mere agent to meet us and hear our claims and decide whether mittee and some other special favorites who will get more than this or that clerk shall be appointed and take from him for the regular allotment. such petty but worrying questions strength and time that should 1\Ir. IIENRY of Texas. Will the gentleman guarantee that? be given to his great problems. The last Director of the Census Mr. LANGLEY. May I ask the gentleman where he obtained said that the first year and a half of his time was nearly all that information? absorbed by the distribution of patronage to Uiembers of Con· Mr. GILLETT. I obtained it from Members of this House, gress. Every director is opposed to it and avows that it in· who said that was the understanding. Does not the gentleman terferes with the success of the bureau. Experience and theory think that will be the execution of the law? alike denounce it, and I trust the vote of this House will follow Mr. LANGLEY. I have no authority to say one way or the the lessons of experience. other. Mr. CRUMPACKER. 1\fr. Chairman, the Committee on the Mr. GILLETT. Du you think it will not? Census recommend the adoption or the passage of the bill pro­ Mr. LANGLEY. I think the Democrats will have their share viding for the appointment of clerks and employees of the of appointments. I think they ought to have. Census Office under a noncompetitive examination. There has Mr. GILLETT. Exactly; I think they will. been a good deal of criticism of the bill by civil-service reform Mr. LANGLEY. Not under your proposition. associations throughout the country. The President in his mes­ Mr. GILLETT. Under my proposition there would really sage of yesterday recommended that the appointment of these be no politics in it. Neither Republicans nor Democrats would clerks be put under the civil-service law, modified so as to ex­ be able to appoint their men. The gentleman from Kentucky clude the rule of geographical apportionment. The civil-service law requires clerks to be appointed in the classified service ac­ does not deny my propo~ition, and while I can not state it au­ thoritatively, I believe and I think you all understand that it cording to the rule of apportionment, and if the civil-service law is the expectation this year that every 1\Iember of Congress will shonld apply to the selection of these clerks none of them would have the same number. be appointed from the District of Columbia, from Virginia, It seems to me this is an even more ignominious division than Maryland, and adjoining States, because all these locations now the old time-honored principle, "to the victors belong the spoils." have more than their lawful quota in the classified service. Now the phrasing should be, " to Congress belong the spoils." Mr. GILLETT. Will the gentleman allow a suggestion? The committee does not dare to live up to the old precept and Mr. CRUMPACKER. Yes. allot the force entirely to the Republicans, because in that case Mr. GILLETT. 1\fy amendment does not provide anything the Democrats, not getting anything, would all vote against it, about that. It leaves the bill just as you have it exactly. . and enough Republicans who do not believe in the spoils sys­ Mr. CRUMPACKER. I know that. I am talking about the tem would join them to defeat it, so now they adopt the new recommendation of the President. And the result would be maxim and say in this bill they shall be allotted equally to all that if .the House should adopt the recommendation of the without regard to politics. The old doctrine had at least some­ President and place the appointment of all the clerks-and thiug courageous about it. Demoralizing to the public service the provision only refers to the clerks of the Census Office, per­ it was, but it was the result of a contest and was the reward of haps amounting to thirty-two hundred or thirty-three hundred a hard-fought victory. But this doctrine is just as demoralizing in all-under the civil-service law, with the elimination or the and has no element of courage about it. It does not seize the abolition of the rule of geographic apportionment, that, of spoils as an incident of victory, but it mean-spiritedly divides course, would allow applicants in the District of Columbia and the booty evenly between the two parties. It is a selfish com­ States adjoining to be considered, and it would in all probability bination between two opponents not to fight longer but to tem­ result in the appointment of almost all of that force of clerks porarily drop their animosity in order that they may safely rob from the District of Columbia and adjoining States. That is a third party, the indefensible vublic. It is like two unscrupu­ a proposition I want to submit to the members of the Com­ lous lawyers pretending to contest, but really robbing a fat mittee of the Whole for their consideration. estate. The gentleman from Massachusetts [Mr. GILLETT] informs I can imagine a veteran of the ,old system, brought up under us that there are probably four or five. hundred men and women the doctrine that to the victors belong the spoils, appropriat­ in the District of Columbia now who served very efficiently in ing the patronage mercilessly when he wins and suffering the preparation or in the administration of the Twelfth Census uncomplainingly when he loses, taking his medicine without law, a record of whose efficiency is now in the CenBus Office compla ining and when he wins forcing the medicine with a and the bill is so framed that these clerks may be appointed ~ strong hand unsparingly upon his foe; I can imagine such a the office without any examination at all. one looking with some contempt upon this degenerate scheme. . This· work, gentlemen must bear in mind, is largely emer­ This is not a contest; there is no risk, no courage here. It gency work. These appointments are for a temporary period is " heads I win; tails you lose." The opposing forces call a only. The average tenure of services of the temporary clerks temporary truce and enter into a treaty of barter and sale. will probably not exceed two years. Under the bill the salaries Instead of fighting for the spoils they divide them peaceably run from $600, the minimum, to $1,000, the maximum, and between .them and the p~blic pays the bill. This is a degen­ naturally most of the clerks, under almost any system of ap­ erate relic of the .old spoils system; it shows an encouraging pointment, would come from locations comparatively near to fear to carry it out in its pristine vigor but a desire to accom­ the city of Washington, because for a temporary service of Plish much the same result without letting the public suspect that character, with such limited emoluments, it seems to me it, and I hope it will not succeed. it would be exceedingly difficult to secure enough clerks in the The constant reciprocal influence of the legislative and ex­ office if they were appointed under the civil-service law without ecutiye departments is most demoralizing. The selection of modification. clerks by competitive examination greatly lessens it. A depart­ Mr. SULZER and Mr. PARSONS rose. me~t officer constantly desires legislation for his department. 1\Ir. SULZER:. ·will the gentleman yield for a question? He can not, as he ought, be independent and stand up for the Mr. CRUMPACKER. I will first yield to the gentleman from public interest when Congressmen assail him with requests New York [Mr. SULZER] . about appointments if all the time he knows that he must ao 1\fr. SULZER. I wish to ask the gentleman from Indiana. before them with other requests, and that by offending the~ what objections there are to placing all of these appointments now he will lay up enemies against his future legislation. Nor under the present civil-service law, rules, and regulations? can a Congressman legislate fairly and impartially for a de­ 1\fr. CRUMPACKER. I am explaining some of the objec­ partment when he is asking of that department favors in the tions. One is that under the small salaries paid and the tern~ way of patronage which will leave him under a sense of obliga­ porary period of appointment it would be practically impossible tion or a sense of resentment. This whole system of inter­ to secure sufficient appointments under the civil-service law ference by Congress in the distribution of offices by a depart­ including the rule of geographical apportionment. ' ment is improper, injures legislation, injures executive action The CHAIRMAl'f. The time of the gentleman has expired. by the department, takes away. both from Congress and from Mr. SULZER. Mr. Chairman, I ask that the time of the gen­ the executive the sense of duty which alone should actuate tleman .may J:>e extended for five minutes. their conduct, and necessarily compels them in their action to 1\fr. C~Ul\IPACKER . I ask unan~mous consent that ~ may be influenced by selfish motives. be permitted to proceed for fifteen mmutes, if necessary. And there is another objection to this system. We are ap­ 1\Ir. AULZER. I ask unanimous consent that the gentleman pointing a commissioner for the important and exacting work may proceed for fifteen minutes more. . of the census because he is supposed to have special qualifica­ There was no objection. tions fo.r that difficult task, and then we impose upon him, l\Ir. SULZER. You were answering my question. whose time ought to be free for the absorbing problems before Mr: CRUMPACKER. There is another objection. ,

76 CONGRESSIONAL RECORD-HOUSE. DECEMBER 9,

Mr. P .ARSONS. Will tbe gentleman, before h~ passes from Mr. GILLETT. Inasmuch as the gentleman was oppc Bing that point, answer this question: Does the Director of the the other proposition, which is not mine, I was afraid that the C<>..nsus consider that that would be an obJection? House would think that the amendment now pending was the Mr. CRUUPACKER. Which? amendment which -the gentleman was combating. Mr. PARSONS. That you could not get a sufficient number Mr. CRUMPACKER. I am directing my remarks in part of employees if they were appointed through a competitive to the gentleman's amendment and in part to the recommenda­ examination. tion of the President in his message that was read yesterday. Mr. CRUMPACKER. Well, I presume that may be reckoned Mr. PARSONS. The last proviso to this section provides among the objections that the Director of the Census has to that the term of these employees, however appointed, shall appointing these clerks under the civil-service law. The Di­ expire at the end of the census period. rector of the Census does not believe that the clerks ought to Mr. CRUMPACKER. Yes. be appointoo under the civil-service law, but he does believe Mr. PARSONS. So that if you allow their appointment as that they ought to be appointed under a competitive examina­ the result of a competitive examination you do not put them . tion rather than a noncompetitive examination. That is the under the civil-service law, but under this proviso you still attitude of the director. leave it so that when the census period is over they go out of Mr. PARSONS. May I ask this question: Why, if his rec­ the service. ommendation in regard to the appointments is really compet­ Mr. CRUMPACKER. Well, if it were permitted to stand in itive, the examination is not to be competitive? that form it would be a modification of the civil-service law to Mr. CRU:UPA.CKER. Here are the Representatives of all the that extent. Now, the President in his message recommends the congre sional districts from all over this country responsible modification of that law only to the extent of the abrogation of for I®slation, and I expect every man here, when the time the rule of geographical apportionment. If we should follow his comes, to vote his convictions on the question. The Committee recommendation, every clerk and employee appointed to the Cen­ on Oensus in making the report on the bill made it this way. sus Office would have a classified status, would be eligible to I have no personal pride in the matter; neither has the com­ reappointment for a year after his separation fi·om the service, mittee. This is the business of the country, to be conducted eligible to transfer at any time during his service there, under by the country's Representatives, and it is to be presumed that the law and regulations; and I think most Members of Congress each Representative will discharge his duty in regard to this have had sufficient experience to know what that would mean. matter as he thinks it ought to be discharged. Recognizing the fact that their service in the Census Office Mr. MADDEN. Will the gentleman permit me? would be temporary only, many of them would be prompted by, Mr. CRUMPACKER. I yield to an interruption. motives of self-interest to seek transfers into the classified serv­ Mr. MADDEN. The appointments once made under the plan ice in other branches of the Government, where their tenure proposed by the bill now under discussion, when the term of would be permanent. They would seek this during their service service expires will there be any way of getting them off the in the Oensus Office. pay roll? I believe this force should understand that their tenure i.s · Mr. CRUMPACKER. The bill expressly provides that when temporm-y; that when the term ceases they will no longer have the term of service expires they shall quit the service; that any connection with the public service and no special status they shall not be eligible to transfer or to reappointment or to that will allow them to enter into the classified ser,Tice. appointment in any branch of the classified service because of Mr. SULZER. How long, approxi.mately, will this term of their .appointment or examination for the service in the Census office be? Office. The bill is plain and clear upon that question, and is Mr. CRUMPACKER. The average will probably be two self-operative. years. Now, in relation to the amendment proposed by the .Mr. MADDEll~. One more question. gentleman from Massachusetts-[Mr. GILLETT) that the exami­ Mr. CRUMPACKER. Well, 1 yield to the gentleman. nations be competitiYe instead of noncompetitiYe. The resuJt Mr. MADDEN. If the appointments are made under a com­ of that amendment wouJd be to abrogate practically the Presi­ petitive examination, known as the pre ent civil-service rules, dent's recommendation re 11ecting the 'geographical apportion­ when the term of service expires is there any rule of law ment rule. Competitive examinations mean competitive lec­ whereby the head of any department can eliminate the person tion. It leaves no discretion with the Director of the Cen us, so appointed from continuance on the pay roll? but he must select those upon the eligible regi ter in accord­ Mr. CRUMPACKER. If the clerks are selected under the ance with their relative grades. If the examinations are to be civil- ervice law, they will have a classified status, will be conducted by the Civil Service Commission, as the bill pro\ides, eligible to h·ansfer and reappointment under the civil-service they may be held in all parts of the counh·y. law and tbe rules and regulations in pursuance thereof. The work in the Census Office is all emergency work. Ap­ Mr. OLMSTED. And they will all stay in the service. pointments must be made without any sort of delay if the best Mr. MANN. Would it not be just as practical in the Jaw and mo t economical results are to be obtained. When there L'3 to provide for the severance from the service of these people need for an addition to the clerical force in the Census Office whether appointed under one method or the other! the director will have no discretion. He can not make his ap­ Mr. CRilliPACKER~ Well, of course, you can abolish the pointments "immediately available," if I may use that term, civil-service law. but he must take them from the eligible list. Those with 1\lr. .MANN. The civil service will be abolished under this highest grades might be in California; they might be in Oregon; method of appointment. they might be in Maine; they might be scattered all over the Mr. CRUMPACKER. I am discussing the questions and con­ United States, and he would be compelled to wait a week or clusions the reform associations throughout the country are dis­ two weeks or an indefinite period for them to come. Under the cussing, with a view of showing the utter impracticability of civil-service law the Census Office a ~ear or two ago had need complying with their suggestions. I want to show, if I can, for an assistant engineer. that these associations do not understand the situation; they It asked the Civil Service Commission for eligibles, and the do not know, in the main, what they are talking about when it names of three men were certified, one of whom lived in St. comes to the selection of this force under the civil-service law. Louis, one in South Dakota, and the other in Utah. The ap­ Mr. .MANN. While I agree with them largely, I agree with pointment officer selected the man closest to the city of Wash­ the gentleman-they seldom know what they are talh.'ing about. ington, the man in St. Louis. He was notified, and they waited Mr. GILLETT. r know the gentleman does not wish to be­ two months before he arrived and reported for duty, in a fog the House, but I think the discussion is misleading the po ition that paid $60 per month. ?!!embers. The gentleman is aware, if the House is not~ that Now, if we want to put the temporary census work under a my amendment does not provide that they shall go into the system of that character and continue this service indefinitely, classified service, but it simply provides that they shall be se­ we have the dght and the power to do it, but my idea is that lected by a noncompetitive examination, leaving them in every whi1e there are objections, that the gentleman from Massachu­ other respect exactly as the bill does. So the objection-- setts [Mr. GILLETT] has so well pointed out, to the appoint­ Mr. CRU.M:PACKER. I will do the gentleman the justice to ments of that official force under a noncompetitive examina­ say that he is right about it, and he occupies, in my judg­ tion, it does impose a great responsibility upon the director ment, the only defensible position of the merit system in the and gives him a free hand. public service that is at all applicable to the selection of clerks The Director of the Census is responsible for the great work for the Census Office. he will have to do, and the highest motive that will prompt him Mr. GILLETT. I thank the gentleman. I simply desired to will be to make a record of having taken the censtls in the ' have that matter understood. most approved and economical manner. Some criticism has 1\Ir. CRUMPACKER. It is the only defensible proposition, been made as to the appointment of the clerks in the Twelfth In my judgment, that can be submitted for the selection of these Census. The Twelfth Census was the most complete,. trust- ' clerks under the merit system. . worthy, and· economical census that has ever been taken 1n the I 1908. CONGRESSIONAL RECORD-HOUSEA 77 history of this country. Some criticism has likewise been made l\Ir. GILLETT. Certainly. in regard to the permanent Census Office created by Congress 1\fr. CRUMPACKER. Suppose he lived in San Francisco, which placed the entire force under the civil-set·vice law. Con­ Cal.? gress did that, and only did what the President had done re­ Mr. GILLETT. Yes. peatedly for the last twenty-five or thirty years. President Mr. CRUMPACKER. Does not that involve in a way the Cle\eland covered 3,000 clerks and employees in the Govern­ question of delay and geographical apportionment? ment Printing Office into the classified service without examina­ Mr. GILLETT. No, Mr. Chairman; I do not think it does, tion. Congress made the Census Office a permanent bureau. and I think the illustration used on that point by the gentle­ They had records of efficiency; the clerks had demonstrated, man was absurd. The gentleman said that a man was in St. not by a scholastic civil-service examination, but by several Louis and that it took him two months to get to Washington. years' actual" experience, their efficiency, and it was altogether That was not a case of geography. It might have taken him a proper thing, a thing in the line with the merit system of the two months if he had been in the south end here. That was public service, to pro\ide that those clerks who possessed a sat­ a case of stupidity or misfortune on the part of that man. Isfactory record of efficiency should be put into the classified Mr. CRUMPACKER. Suppose the appointments were being senice. There is objection, I confess again, to the noncompeti­ made after a noncompetitive examination. The office could get tive examination system, because there will be more or less of the applicant who is immediately available. pressure brought upon the Director of the Census, but the di­ Mr. GILLETT. Yes. rector, I think, has the courage and the virtue to appoint no Mr. CRUMPACKER. It could get one who could begin the one but competent clerks in the office. People talk about the service without delay, and our argument is that this is all character of the census work. That depends in the main upon emergency service and there ought to be no more delays than the work of the enumerators in the field, the men who do the are absolutely necessary. actual counting. Mr. GILLET'".r. Yes, Mr. Chairman, it is an emergency Most of the work in the Census Office here is of a mechanical service, but he does not mean by that he wants it the very nature, conducted by mechanical devices, such. as electrical next minute. Now, the way these eligible rolls are provided punching machines, sorting machines, and tabulating machines, is they do not wait to have an examination made when they with which it is almost impossible to make a mistake. Then find they want a man. They have examinations made months the Director of the Census contemplates putting the force in in advance and the eligible lists all over the country are before the office upon what is known as the "piece-price'' basis, a them months or weeks in advance and when they want a man policy which would require a further modification of the civil­ and they have to get him in twenty-four or forty-eight hours service law to do. It will result in the saving to the Government they can get a man. So it seems to me that the suggestion of of three or four hundred thousand dollars during the work of the gentleman is not pertinent in this connection. the temporary period. Taking everything into consideration, I Mr. WASHBURN. Will the gentleman allow me a question? believe that the recommendation of the committee is wise, that Mr. GILLETT. If the gentleman will allow me to answer the force in the office should be appointed under a noncom­ one or two other suggestions which were made. The gentleman petitive examination, which shall be prescribed by the Director also argues that there are employees of the last census here in of the Census, and the examinations be conducted by the Civil Washington whom he would want and who ought to be em­ Service Commission, because it has the necessary machinery ployed. I agree with the gentleman. I think that the Di­ with which to conduct the examinations. [Applause.] rector of the Census ought to have the power to employ these, The CHAJRi\f.A.1~. The time of the gentleman has expired. and my amendment does not at all conflict with the commit­ l\Ir. WALDO Mr. Chairman, I wish to offer an amendment tee's provision allowing that. It allows the Director of the which I send to the Clerk's desk. Census, just as this bill does, to call upon these employees with­ The CHAIRMAN. There is an amendment already pending. out examination. Further, the gentleman stated his bill al­ The question is on agreeing to the amendment offered by the lowed the director a free hand and the competitive examination gentleman from Massachusetts. did not. It is unnecessary to argue that to this House. Every Mr. GILLET·T. Mr. Chairman, if there is to be no further Member of this House who was here in the last census knows debate, I would like to say just a word or two. that the director did not have any free hand at all. He has Mr. "1\f.ANN. Mr. Chairman, I ask unanimous consent that the to take the men and he will take the two or four men that amendment be again reported. every Member of Congress presents to him and he will not use There was no objection, and the amendment was again re­ a free hand. Under my system he does have a free hand to ported. this extent: If he gets a man under the competitive system 1\Ir. MADDEN. 1\Ir. Chairinan, I would ask the gentleman who is a poor man, he has a free hand to weed him out and to explain his amendment. drop him, but under your system he can not do that, because 1\fr. GILLETT. That is what I want to do. th_e same pressure that put him in will keep him there. So he 1\Ir. MADDEN. Will the gentleman yield for a question? Will not have any free hand under either system in appoint­ l\Ir. GILL.W.rT. Certainly. ment, but under my system he will have a free hand after he 1\fr. MADDEN. I want to know what is meant by messengers gets them there to drop the poor ones, and under your system and assistant messengers. the poor ones are quite as li.'l.ble to have pressure and influence Mr. GILLETT. It is the same as the ordinary messenger behind them as the good ones. service in every department. Mr. COOPER of Wisconsin. Mr. Chairman I ask unanimous Mr. MADDEN. To what does it apply? consent for five minutes to present the views ~f the Director of Mr. GILLETT. Oh, we all know what messenger work is. the Census. l\fr. Chairman, in view of what the gentleman Mr. MANN. Will the gentleman explain what his amendment from Massachusetts has said, and in view of the argument or does? statement of the gentleman from Indiana who has implicit Mr. GILLETT. That is what I was going to do. I fear from confidence in the Director of the Census a.rui his good jud~ent, the remarks of the gentleman from Indiana [Mr. CRUMPACKER], I beg to call the attention of the gentleman from India:U and which had been directed partly at my amendment and partly the House to what the Director of the Census himself says on at other recommendations, that the House does not appreciate this very proposition in his report, an advance copy of which exactly what my amendment provides. I wish that it should, we received last night. Speaking of this section, he says: because it seems to me that many of the suggestions of the But it does not relieve him- gentleman which may have seemed to the House plausible and That is, the Director of the Census- forcible will be found not to apply to this amendment. The amendment provides that the word "non" in line 20 be stricken from the over~helmlng pressure to obtain clerkships- out. In other words, it provides that the clerical force em­ That is what the gentleman from Massachusetts spoke ployed here in Washington shall be selected by competitive ex­ about- aminations. That is all it proVides. Otherwi'se, it leaves the which ha.s heretofore . proved the most vexatious and difficult task con­ bill exactly as the committee has reported it. Therefore the nected With the decennial work, occupying during the first year and a argument which the gentleman made about locality or about half the time and thought of the director that ought to be wholly !riven to the ~~ormous and ?lfficult work for which he is responsible. A"' non­ delay does not at all apply to my amendment. competitive examination means that every one of the many thousands 1\fr. CRUMPACKER. Will the gentleman yield for a ques­ who will pass the examinations will have an equal right to appoint­ tion? ment and that personal and political pressure must in the end as always before, become the determining factor with regard to the .,.~·eat Mr. GILLETI.'. Yes. body of these temporary employments. I can not too earnestly "'urge 1\Ir. CRUMPACKER. If the gentleman's amendment is that the Director of the Census he relieved from this unfortunate situa­ adopted, it takes away from the Director of the Census all tion. If these clerks cnn be obtained as needed in the order certified from a competitive examination, a better service will be secured than discretion. He must select the applicant upon the eligible list ~ill otherwise be possible, and the efficiency of the force will be greatly whose grade is the highest. mcreased and the cost of the census correspondingly reduced. 78 OONGRESSION AL RECORD-HOUSE. DECE~IBER 9'

The Director of the Census wishes to be relieved from this this will impose any further labor on the director than a non­ burden. It would destroy the efficiency of the force; it would competitive examination? increase the cost of taking the census, and, in his judgment, is 1\Ir. HAY. Because the director will have to be all the time inexpeiient. He makes it so inexpedient that it becomes our calling for competitiT"e examinations to be held by the civil duty to vote for the amendment proposed by the gentleman from service. If. he can haye a noncompetitive examination cover­ Massachusetts. ing all these appointments at once, there will be no necessity Mr. LANGLEY. Will the gentleman yield for a question? for having them all the time. Mr. COOPER of Wi cousin. Certainly. 1\lr. WALDO. We have had a great deal of trouble adopting Mr. LANGLEY. Is the gentleman aware that the present a civil-~ervice law, for the purpose of not only relieving officials Director of the Census did not make the twelfth census appoint­ from tremendous pressure, but also for the purpose of securing ments; that Governor Merriam, who was the director, and who a better class of government employees, without regard to made those appointments, was and is of the opinion these tem­ political affiliations. porary clerks ought not to oe subjected to a. competitive exami- It seems to me that this bill, as proposed by the committee, is nation nor placed in the classified service? · a direct violation of the civil-service law-an attempt to repeal 1\Ir. GILLETT. Mr. Chairman, I would like to dispute that it in part; that it will be of no use to the census; on the con­ statement. I think the gentleman is mistaken, and although I trary, it will give us a poorer class of employees. .It will per­ do not like to use private conversation here, I would like to be mit the employment of practically anyone who can secure suffi­ cited to some statement of Governor Merriam's to that effect. cient political influence to bring pressure to bear upon the I know he believes exactly the opposite. Director of the Census. That is the very thing that we have Mr. LANGLEY. I know personally that that was his opinion; been trying to prevent in all branches of the ~o>ernrnent. For and my recollection is that in his testimony before the commit­ that reason I hope that the amendment may pre...-ail. tee during the hearings last session he made some statement of l\lr. PARSONS. Mr. Chairman, I hope that the amendment that character. of the gentleman from .Massachusetts will pre1ail. I have lis­ Mr. GILLETT. I know personally that he has stated that tened to the . various arguments stated by the gentlemen in was not his opinion. fa>or of the provision of the bill, and have heard none made Mr. HAY. Mr. Chairman, I think that the committee ought that seemed to have any convincing merits, unles. it be that to to know that when this bill was being prepared the then have a competitive examination would involve delay. But I Director of the Census and the last Director of the Census were understand that the reason we are passing this bill so early is both before the Committee on the Census and made extended so that the Census Bureau can make full preparation for tak­ statements upon the subject which we have now under consid­ ing the census, and part of that preparation will be to enable eration. Go1ernor Merriam stated in terms that in his judg­ the examinations to be held, so that the list of people eligible ment the best way to obtain a temporary force was by non­ can be prepared ill ample time, and that wipes away the argu­ competitive examination. [Applause]. He also stated that as ment respecting delay. a result of that mode of obtaining clerks there had been ob­ As I recollect the testimony before the Committee on the tained in the Census Office a set of clerks which compare favor­ Census, the Secretary of the Department of Commerce and ably with the clerks in any department of this Government. Labor favors the amendment proposed by the gentleman rr·om Mr. . North, the present Director of the Census, while he Massachusetts. So does the Director of the Census, and I qualified some statements which he made with regard to it. think we owe it to them, the men who are responsible for did not object to the method proposed in this bill. Now, the having as perfect a census as can be got, to give them, who method proposed in the amendment offered by the gentleman ought to know, the best system of selection that they favor. I from l\fa sachusetts [Mr. GILLETT] ·will not relieve the Director hope the amendment will be adopted. of the Census of the ~onerous duties which he says he will Mr. ROBINSON. 1\lr. Chairman, I desire to make some have to undertake if we have a noncompetitive examination. reply to my rr·iend rr·om New York. My re o1lection of If there is a competiti1e examination, and if there is one place the hearings had before the Committee on the Gen us is that to fill, for example, and 10 persons pass the examination suc­ it was demon·strated to the satisfaction of that committee that cessfully, the Director of the Census, under the language of the the best way to secure the force demanded for this work, which amendment of the gentleman fi;om Massachusetts [Mr. GIL­ is a temporary one, is that provided for by this bill. lu the LETT] will have to select rr·om those 10, and the same personal limited time which I have to discuss this subject, I am not as­ pressure and the same political influence can be brought to suming to ·go into the reasons that· drive me to the conclusion, bear in fa1or of those who pass a competitive examination as but I want to say, in reply to my friend from lassachusetts those who pass a noncompetiti1e examination. [1\lr. GILLETT], who has suggested that some Democrats under .l\lr. GILLETT. Will the gentleman allow a correction there? this provision would. be permitted to recommend appointments, Mr. HAY. Certainly. that I thank him for that guaranty, and in reply to hi state­ Mr. GILLETT. Of course the competitive examination ment that this is but a repetition of the old doctrine, "to the means that the top man is taken. So he will not have to be se­ victor belongs the spoils," I want to call his attention to the lected. fact, and this House's attention to the fact, with no sense of Mr. HAY. It does not mean that at all. The civil-service disrespect or meaning di courte y to the Civil Service Commis­ law says that, but this is not the civil-service Ja,~. sion, that that doch·ine has applied in a large degree since the Mr. GILLETT. No; the gentleman is misbtken. The civil­ days of Andrew Jackson and does apply to a large degree dur­ service law says he shall take one of the first three, but this ing the days of Theodore Roosevelt. The appointment of a does not say that. In this the top man will get it. Commissioner of Immigration was said before the election to Mr. HAY. How does the gentleman know that? haYe been promised to one man, and it was denied. Now, the Mr. GILLETT. That is what "competitive" means. first appointment made after the election was the gentleman Mr. HAY. Competitive examination means, of course, that whom it had been charged was to be appointed in consideration half a dozen people may pass the examination and all pass the of his fight on Gompers-"to the victor belongs the spoils," you examination. You can not take away, without a special act, see. But gentlemen repudiate the doctrine and at the same time from an appointing power the right of the Director of the apply it. But, gentlemen of the committee, I repeat the con­ Census to appoint any man on the eligible list that he pleases viction that the hearings show that the best way to secure this to appoint. He will have a right to appoint any man on the temporary force is in this manner, and it is no argument, to eligible list. my conviction, that gentlemen on that side of the House or on Mr. GILLETT. Then neither law is good for anything, if this side of the House may be permitted to make recommenda­ that is so. . tions. Whenever I become so inane and so lacking in confidence 1\Ir. HAY. I think the law which is proposed, which has in myself that I can not suggest a clerk under the provisions been thoroughly considered, and which has been found in the of law, then I am ready to retire and let the clerk take the past to work well, ought to be made a law now, and it is not position of Congressman for my district.- Whene1er you talk necessary for me to go over the reasons so ably given by the about competitive examinations being held, let me say to you if gentleman from Indiana. you had competitive examinations for Congre , high-school Mr. WALDO. If the gentleman please, if the amendment still graduates, cadets, boys, and girls would come to Congress and leaves this bill so that the director may appoint whoever he retire one gentleman I know at least. I thank you. [Laugh­ sees fit, why does he oppose the amendment? ter and applause.] 1\fr. HAY. Because n will place upon the Director of the Mr. BURLESON. Mr. Chairman, the issue presented by this Census a great deal more labor than the present provision will amendment is quite simple and should be easily understood. It do, and because there is no necessity or reason for it. is whether the service to be rendered by the clerks and other Mr. WALDO. In what way does the gentleman believe that employees will be more efficient, whether it will be more ec

80 OONGRESSION AL RECORD-HOUSE. DECEMBER 9,

servants of the people; and after they are elected they ought mittee in reference to the eiliciency of the force of clerks and not to become so high toned that the people can not appeal to the force that is in the office now. He said : them for the things they wa1;1t or think they ought to have. When the temporary office was made permanent the aim was to ob­ What is needed in the taking of the census is to save as much tain of the thirty-five hundred clerks the most efficient of those clerks, and as a rule that was successfully accomplished, and as a result of time as possible and as much money as can be saved, and at the that I believe that I can truly say, and I belleTe that I am duty bound same time get the best cei;lsus that can be had with the money to say, that at the present moment, in my judgment, the clerical force of expended and the men employed, and I believe that inasmuch the Census OfficP. is the most efficient clerical force anywhere in the as we have not yet reached that stage of courage where we are city of Washington. willing to give a free hand to the Director of the Census to Now, those were selected by Congressmen. employ such men and women as he pleases, the next best .thing Mr. LANGLEY . .. I am obliged to the gentleman from Indiana for us to do is to adopt the amendment providing for com­ for calling my attention to this ·statement. Not only that, 1\fr. petitive examinations, and that ·such appointments as may be Chairman, but I want to say in justice to the hundreds of em­ made shall be made from the lists of those who have passed ployees who were not retained in the permanent office, because these competitive examinations. there was not room for them, that they were ~Jso an excellent Mr. McGUIRE. 1\lr. Chairman, the gentleman from Illinois body of clerks. I have in my mind a number of instances in which [Mr. MANN] states that all' Members of Congress have been the best clerks did not pass the highest examination. The gen­ appealed to by per ons seeking employment, and that a good tleman from Texas [1\Ir. BURLESON], who is favoring this many of those persons seeking employment are incompetent. amendment, will recall the case of one of his constituents, who That is always the case. However, Mr. Chairman, the fact that succeeded in passing only after three trials and who subse­ persons may appeal to the Members of Congress and in this quently became one of our most efficient clerks. There seems way seek employment is no evidence of itself that the person to be an impression that under the provisions of this section, seeking employment is incompetent. I take this to be true for as reported by the committee, there will not be a proper test of the reason that not only the gentleman from Illinois, but every efficiency. There will be such a test, however, because the ex­ person upon this floor has quite recently appealed to the people amination will be prescribed by the director, who will fix the of this country ·for employment, and the fact that that has been minimum per cent that applicants must attain before they will .-••..., .___ done is no evidence, at least as to the gentleman from Illinois be considered for appointment, and the examination will be ...... 1\!_r. MANN], judging from his able services in the past, is conducted by the Civil Service Commission, which will insure incompetent. I do not believe that a Member of Congress absolute fairness, presumably, to all applicant . This is a de­ should shirk his duty to his constituency. One of the duties of cided step in advance of the Twelfth Census Jaw in this respect. every Member on this floor is to see to it, so far as he is able, Mr. GILLETT. May I ask the gentleman how that man hap­ that his district has its due share of representation in this Gov­ pened to get three examinations? ernment, and by a competitive examination there are many Mr. LANGLEY. Because be was near enough to the passing sections of this country seldom reached. By a noncompetitive point to entitle him to a reexamination under the rules which examination every district in the country and every State will the director had prescribed. be reached with a representation. [Applause.] Thereby the Mr. GILLETT. Do you mean to indicate that there was not service may not be improved, but the efficiency of the service, any pressure by his Congressman? in my judgment, will not be diminished, but will be more in l\Ir. LANGLEY. In that particular instance I do not recall conformity with the policy and duties of a free government, to that there was. have every community represented and fairly and honestly Mr. GILLETT. What was the rule, may I ask? Do you represented. [Applause.] mean to say that a man who came pretty near passing one ex­ 1\fr. WILSON of Pennsylvania. Mr. Chairman, the conten­ amination could try again? tions in connection with this proposition all hinge around the l\Ir. LANGLEY. I do not recall the rules in detail. If the question of whether or not examinations shall be competitive applicant's examination indicated that he was likely to make or noncompetitive. The bill as proposed by the committee pro­ an efficient employee in certain branches of the work, that fact vides for an examination of applicants for positions in the Cen­ was considered as a very material point by the examiner in sus department and in the taking of the census. The amend­ passing upon his application for reexamination. ment merely provides that the examination shall be upon a l\Ir. OE\ISTF~. .And, if the gentleman will permit, do I competitive basis. As one member of the committee, I am op­ understand that under .the regular civil-seryice rules per ons posed to that amendment for two reasons, first, because under are not permitted to take more than one examination? I know the method provided by the committee greater opportunity is of one stenographer who took three before be got in. given to the Census Bureau to organize rapidly for the taking 1\Ir. LAi'\GLEY. Exactly so. I know of a number of in­ of the census during 1910 than would be possible under the stances in which persons who barely passed the cen us ex­ amendment; and, secondly, because I realize that those points amination were much more efficient in the census work than that are brought out in a competitive examination do not show persons who were appointed by the director on strength of a all of the qualifications that are necessary for the work. [Ap­ much higher rating by the Civil Service Commission, which plause.] A man may be able to pass a competitive examination was accepted in lieu of the census examination. and stand at the bead of the list and yet his disposition be such Mr. GILLETT. Of course in the case suggested by the that he would be incompetent to perform the labor. What gentleman from Pennsylyania the man waits and studies and should be required is, first, that au examination shall be passed prepares himself to come agaip.. Of course that does not apply to show that the men who are applicants are competent, and in this case. There was not much intenal in' these three ex­ then permit the chief of the bureau to make a selection from aminations, I take it. amongst all of those that so qualify, so that he can get men who 1\Ir. LANGLEY. Usually not over two weeks-that is, if I are energetic enough and whose disposition generally is such correctly recall the practice of-- that they are competent to perform the office. I am opposed The CHAIRMAN. The time of the gentleman has expired. to the amendment. [Applause.] l\Ir. l\IANN. I ask unanimous consent that the gentleman l\Ir. LAl~GLEY. Mr. Chairman, I had not intended to partici­ may have five minutes more. pate in the debate on this section, and I shall do so now for a The CHAIRMAN. The gentleman from Illinois asks unani­ few minutes only. I hnd an experience as the appointment of­ mous consent that the gentleman from Kentucky may have ficer of the Twelfth Census which enables me to speak with five minutes more. Is there objection? [After a pause.] The some authority on this subject. Gentlemen who are advocating Chair hears none. this amendment seem to proceed upon the theory that Members Mr. LANGLEY. I was just proceeding to say, l\lr. Chairman, of Congress are inclined to recommend the appointment of per­ that a purely clerical test does not bring out all of the points sons who are inefficient and unworthy of appointment. That that the Director of the Census may desire to consider in con­ was not my experience. [Applause.] With but few exceptions, nection with appointment, and I think it would !'leriously handi­ I found that Members of Congress recommended applicants who cap the work of the office if the proposition of the gentleman were representative citizens of their districts. [Applause.] from Massachusetts should be adopted, so that the director And I undertake to say further that the force of clerks ob­ would be preyented from appointing entirely efficient applicants tained in that manner w.as as efficient and faithful as any em­ who have passed a test which he regards as satisfactory and ployees in any bureau or department of the Government ob­ is compelled to appoint persons who are in reality less adapted tained through civil-service channels. [Applause.] to his work, merely because they happened to secure a higher Mr. CRUMPACKF...R. Will the gentleman permit an. inter­ rating in the examination. We did not have much difficulty in ruption? meeting the pressure that was brought to bear in connection 1\Ir. LANGLEY. Certainly. w'itb appointments in the Census Office during the Twelfth Cen­ . Mr. CRUMPACKER. Right . in that connection I want to sus period, and I think the difficulty in that respect in carrying quote fi·om a statement made by Director North to the com- on the work has been greatly exaggerated by gentlemen who 1908. CONGRESSIONAL RECORD-HOUSE: 81 are advocating this amendment. My observation was that the until next July, and the object .of passing this bill now is to privilege which Members of Congress had in aiding in the make ready for the beginning of the work. selection of the clerical force of the Twelfth Census was an ad­ I do not know of the examinations the gentleman from Ken­ vantage rather than a disadvantage to the service, and I tucky [Mr. LANGLEY], as appointment clerk, made on the recom­ think it would be a mistake to adopt the amendment proposed mendations on the part of Members, nor that 1\fr. Merriam by the gentleman from Massachusetts, the effect of which would made, but I doubt very much whether anyone recommended by be to deprive them entirely of any voice in the matter. Members of this House to these· gentlemen were rejected be­ 1\fr. GILLFJT'l'. l\Iay I ask the gentleman if the Director of cause of examinations they made of these men, unless they the Census, Mr. 1\Ierriam, did not say that nearly all of his found them utterly useless and unfit. Therefore the recom­ time for a year and a half was taken up by Members of Con­ mendations that went to the gentleman as appointment clerk gress about appointments? and to the commissioner were of themselves virtually manda­ Mr. LANGLEY. The gentleman must be mistaken. The tory, and they regarded them as such. proportion he mentions is altogether too large; as the appoint­ Mr. LANGLEY. Will the gentleman yield to me for a ment clerk of the census, I relieved the director of a large part moment? of this pressure. · 1\fr. FOWLER. Certainly. Mr. 1\lA.NN. Will the gentleman yield to a question? Mr. LANGLEY. I am sure the gentleman does not want to Mr. LANGLEY. Certainly. leave a wrong impression as to what I said. 1\Ir. MANN. Permit me to testify in that regard that the 1\Ir. FOWLER. Certainly not. only gentleman I ever saw was the gentleman from Kentucky Mr. LANGLEY. I tried to state, and the records of the office [1\Ir. LANGLEY] whose efficient service at the time adds now will bear me out, that there were l:_lundreds and hundreds of very largely to the value of his opinion. cases where men and women were examined and failed to pas~ l\fr. LANGLEY. I thank the gentleman. and were never appointed, although they were indorsed by some 1\lr. 1\IANN. Under this proposition, both propositions, I of the strongest men in public life. understand, contemplate the same examination by the Civil Mr. FOWLER. That only bears out what I was going to Service Commission. say-that if they were utterly unfit to fill any of these offices, Mr. LANGLEY. Yes. it showed a want of competency upon the part of Members of Mr. MANN. Which, under this authorization, can not be the House. monkeyed with, as each one takes the examination? 1\Ir. LANGLEY. Not "utterly unfit,"· but not up to the stand- Mr. LANGLEY. The effect of it would be that the applicant ard required. . would present himself to the Civil Service Commission for ex­ Mr. FOWLER. Now, the fact is, in the first place, that you amination, and if he passed his name would be certified to the will be providing for examinations which shall be held through­ director as an eligible for appointment. out the length and breadth of the land. Now, in the next Mr. 1\fANN. The same examination is given in every case? place, if all these appointments are made from all parts of the Mr. LANGLEY. Yes; I do not take it that this amendment country through examinations, when they once are in the serv­ would interfere with that. ice they can be immediately discharged if unfit. On the other hand, the gentleman knows from experience that when a clerk Mr. MANN. The amendment provides the same thing. is once in through the recommendation of a Member, the per­ 1\Ir. LANGLEY. But it would interfere with the Members of sistency on the part of the Member is so great that it is Congress having anything whatever to say regarding the per­ almost in1possible to discharge him when once in the service. sons who should be appointed. 1\Ir. LANGLEY. The gentleman is certainly mistaken. l\Ir. 1\IANN. The question is re.:'llly who shall designate and Mr. FOWLER. The gentleman from Oklahoma remarked how they shall be designated for examination. that this was a privilege that he and any other l\f~mber ought 1\Ir. LANGLEY. Subject, of course, to the condition that to have to serve their country by serving some one they wanted they must pass the examination required by the director. to recommend. Now, I take it our duty is to serve· our country Mr. MANN. There is nothing in the amendment and there is as against anyone that may be in our particular district, and nothing in the bill which suggests how people shall be desig­ the question now to decide is whether, in the first place, the nated. Even under the amendment of the gentleman from service will be better, and in the second instance, whether the Massachusetts [1\lr. GILLETT] it might be provided that no service will not be more economical. one could be examined unless he should be designated. Mr. HEPBURN. Will the gentleman allow me to ask him 1\Ir. LANGLEY. I take it that that would be a question a question? for the Director of the Census to provide for by prescribing Mr. FOWLER. Certainly. . suitable rules and regulations. The bill implies that power. Ur. REPBUUN. I certainly agree with you about serving Mr. MANN. Now, one more question. Does the gentleman your country, but suppose that you had the power to recommend think that they would be likely to get a better or less efficient some one, could you not make such a recommendation as would service by having the bulk of the employees selected from terri­ still enable you to serve your country? [Applause.] Are you tory surrounding Washington, or from the city of Washington, obliged, if you had that power, to recommend some scalawag or by scattering employees throughout the country, familiar who would rob the country of the salary he would receive? with the different parts of the country? Mr. FOWLER. No. 1\Ir. LANGLEY. In regard to· that, I will say I am so 1\Ir. HEPBURN. If the gentleman will permit a second ques­ strongly in favor of "scattering" them that I would be willing tion, then why are you so anxious to protect yourself from to yield a little on the other proposition. [Laughter.] I think the possibility of appointing a scalawag? [Laughter.] the bill as reported by the committee is entirely workable, and Mr. FOWLER. I do not care to save myself from respon­ that the Director of the Census, by having this margin for sibility on that question, for we have no scalawags in my dis­ exercising his discretion, can select a more efficient force of trict. [Laughter.] But the idea I had on that question was clerks. And I base that opinion on my own actual experience that there are but one or two questions before the House. and observation while in charge of the Twelfth Census appoint- First, whether the clerks will be more efficient and the service me~& . better, and in the second place whether it will be more econom­ Mr. PARSONS. Will the gentleman yield for a question? ical to this Government. . Mr. LANGLEY. Certainly. Now, the gentleman from Indiana [1\Ir. CRUMPACKER], read Mr. PARSONS. The gentleman stated that where the com­ a paragraph in the statement of Mr. North. Of course, after petitive system existed there were questions the director might 3,500 to 4,000 clerks have been sifted down until you have wish to ask an -applicant that he could not ask now. five or six hundred you have practically disposed of 3,500 or Mr. LANGLEY. I merely desired to emphasize what the 4,000; and therefore it do~s not go to the larger number. There­ gentleman from Pennsylvania said, to the effect that a written fore, I hope that this amendment will prevail. examination was not always the best test, especially of the [Cries of "Vote!"] . applicant's fitness for work of this kind, and that an applicant Mr. KEIFER. Mr. Chairman, if gentlemen desire to vote I might have talents in certain directions that a scholastic test do not .desire to speak. I do not feel that I can aid this com~ alone would not develop. This is peculiarly true in the Census mittee materially in ascertaining how we should vote on the Office, where the work, as has already been stated, is of a amendment of the gentleman from Massachusetts. But I temporary and emergency character. [Applause.] wanted to call attention, however, to the fact that under Mr. FOWLER. l\lr. Chairman, now as to the question of :the bill as it stands now it simply directs that the Director of representation of all parts of the country, -it ought to be dis­ the Census shall · have examinations such as he thi.nlrn neces~ tinctly understood that these examinations that will be held sary in order to determine whether the a])plicant for a clel~k­ throughout the United States for this work will not be given ship is fit to perform the duty. I do not think that we are XLIII--6 82 OONGRESSION AL RECORD-HOUSE. DECE~ER 9,. h~re engaged in determining whether the old Democratic doc- I insist that the dispatch of the work in the Census Office would trinE' of " To the victors belong the spoils'' shall pre-vail., W-e be seriously embarrassed, because the director ma:y w:mt an huxe had such recent talk from the stump~ But we have re- · addition to hls force for immediate work. There may be men formed in a hundred years. It is just a hundred years now and women at hand who are eligible. Under the plan of the F..nce the distinguished Virginian, Thomas Jefferson, wrote a gentleman from Massachusetts the director could not choose letter to his Secretary ·of the Treasury telling him to be care- them, but would have first to notify tho·se who by accident ful in making hi.s deposits that he made them with Democrats or good fortune had higher grades. He would haye to notify that believed in his administration. It is only more Tecently them first and give them an opportunity to get ready to come that tbe thing was better put and better stated, and more can- to Washington and enter the servi.ce. I am an advocate of the didly by the distinguished soldier, Andrew Jackson, who bluntly me1'it system, but I believe a little business sense ought always stated it in these words: "To the victors belong the spoils." to be injected into it. This is emergency work that we are But we have reformed at this time, and whether through the undertaking to do. We will have no time for delays. A great civil service or not I am not very certain. This talk of civil ar-my in line of battle has not time to conduct a civil-service service is old, too. A man who became distinguished in litera- exmnination to select the best men to carry muskets, and that ture 1n Elngland went through a competitive examination for pri.nciple applies to some extent to the administration of the a clerkship in the office of the Postmaster-General. He failed great work of taking a decennial eensus. The proposition re· in his examination, but some one in authority told him if he ported by the committee in nowise discredits the merit sys· would go over to the office and take a seat -at a certain desk he tem. Our civil-service law is a good law as applied to the could go to work. permanent service, but we want to exercise some sense of dis- He was very prompt in going th-ere, but nobody assigned him crimination in its application to the work we nre engaged in any work, until one day he got notice that there was a default- providing for. ing postmaster 1n Ireland, and that he must go over there and We do not want to use it foT the purpose of embarrassing, investigate and report the conditions of the office. He went to but for the improvement of the public service. Mr. Chairman, · Ireland and found the post-office. but as he had never been in I ask for a vote on the amendment. an office of that kind and did not know anything about its Mr. HEPBURN. Mr. Chairman, I would like to inquire of management, he did not know how to make an investigation of the gentleman in charge of the bill if the supervisors and the office or a report. He never had done anythi.ng of the sort. enumerators, the Special agents and interpreters, ar-e under the So he went to the culprit and employed him to get up a report civil service under the terms of this bill? showing the condition of his office and his own defalcation. He Mr. CRUMPACKER. They are .not. took this report back to England with him and filed it with Mr. HEPBURN. Mr. Chairman, that fills me with alarm. the postmaster-general, and he was promoted on account of his [Laughter.] I am alarmed for the gentleman from :Massachu· extraordinary facility in making that sort of a report. setts. I am afraid that he has fallen from his high estate as {Laughter.] a civil-service !reformer. This bill under its terms as it stands We have a most striking instance in this country. There was now provides for putting some 3,000 people under the civil a disti'lguished ·Citizen of Ohio who lived in Cincinnati not quite service, and yet 59,000 people that are provided for by the half a century ago who -came by stage and otherwise all the terms of this bill, who actually do the work, upon whose way from his home to this -city to take a competitive examina- efficiency, industry, and integrity the value of this great work tion for a clerkship i.n the United States Treasury Department. is to depend, ar-e not protected from the rapacity of the spoils~ There were just two competitors. One was from Ci.ncinnati, man. I would like to know from the gentleman what this Ohio and the other was from the State of Massachusetts, that means. Has he recanted all the diatribes we have heard from lear:r{ed State, even then advanced in education. The gentle- him in the years past in regard to spoilsmen and the spoils man from Ohio failed in the examination and the other man system and the immaculate virtues of the merit system-has succeeded. Scholastically the man from Massachusetts was the he gone back on all that? better man. So they turned down the man from Ohio, and he We find him even now, Mr. Chairman, by the motion he doubtless went grumbli.ng back to his office in Cincinnati; but makes, trying to emasculate the bill as it is and refuse to pro. in 186:1,, i.n the month of March, that sam-e citizen of Cincinnati teet the Members of this House from the importunities and held a little review in the TreasUI'Y Department in this city as possible wrongs that may result from the charwomen, and too Secretary of the Treasury. [Applause and laughter.] 'That messengers, and the assistant messengers, and messenger boys, was Sabnon P. Chase, afterwards Chief Justice of the Supreme and the watchmen because of their passion for appointments. Court of the United States. Among the first of those who came [Laughter.] Why not keep them under the civil service'? Why by in review was a man bowed down with toil carryi.ng his not protect the membership of this House from the temptation arms in front of his knees. He came at the head of the treas- to indulge in the spoliation of the Government? [Applause and ury eJerks to pay his respects to the disti.nguished Secretary of laughter.] the Treasury, and he was the man who had beaten Mr. Chase Mr. Chairman, this bill. or the provisions in this bill, 1n my in the competitive exa.mi.nation a long while before. [Laughter judgment, are a fair repxesentation of -the pretenses of our and applause.] civil service. [Applause.] The fact is we have no improve· Now, whether these things throw any light upon the exami- ment in the public service by our civil service. No man can nation necessary here to determine the manner in which these point it out. There is no improvement in the character and temporary clerks sh-ould he selected, I do not care. I am rather efficiency of the clerks and emplo~es that are affected by civil incli.ned to think the bill is all right as it is, and that if the service. Look at the old clerks that we have now that were Director of the Census wants to institute a severe examination appointed under the "spoils system."' I can poi.nt out a halt as t-o the qualifications uf clerks he can do so under the present a dozen for whom I had some instrumentality in securing bill, and it will be his fault if he does not get capable men and places, among the best men in my district, who are to-day women as cierks to administer his <>ffice. efficient clerks and, although they have been ln the service for 1\Ir. CRUMPACKER. Mr. Chairman, just a word before we tw-enty-five or more years, will compare most favorably-nb, vote. I want the committee to bear in mind the fact that th-ere most favorably-with those that you secure und·er your so· will not be any undesirables or incapables -on the eligible list called " improved merit system "-a system that gives you no at all. In the first place, the examination will be of such a knowledge of the fitness of the clerk whateYer except scho­ character as to illustrate the fitness and competency of every lastic attainments. How do you know anything of the industry, applicant who successfully passes it. The examination is to be of the integrity, of the adaptation, of the clerks that you secure conducted by that immaculate -and incorruptible piece of ad- uniler your so-called "merit system," and that you propose to ministrati1'e mechanism, the Ci'Vil Service Commission. So you apply to those that are now to be taken into the service? can rest assured that the Director of the Census, with as mueh Mr. Chairman, I submit that this so-called "civil service," or at stake as he has, will prescribe an :examination that will se- the nrgument in 'fayor of it, is simply a cowardly attempt to cure efficient clerks, and that the examinations will be ad- avoid th-e responsibilities that men take upon themselves when ' ministered in a thorough and conscientious manner. they need friends. [Applause.] Why should not the man I think that is the proper view to take. The only benefit that who has been the beneficiary of kindly service for mDnths and the amendment suggested by the gentl-eman from Massachusetts years of his friends at home, men who made him and brought {Mr. GILLETT] ·will have, will be to relieYe the Director of the him to the position where he may reap honor and be of service Oensus of the pressure that may be brought to bear upon him in to his country, why should not he hav-e some care, some solici- making selections among m-en and women who are all eompetent, tude for the ambitions and -desires of that man? . all efficient, who have been certified to him as competent by the Why, Mr. Chairman, all of these promotions anil all of th~e Civil Service Commission. No scalawags from anybody's State h'On:ors are but relative in comparison. The man who wants to. can get on the list. b'e a -clerk wants to be a -clerk as badly as a man who wants to Under the amendment of the gentleman from Massachusetts be a Congressman. To him the clerkship is equally as desirable 1908. CONGRESSIONAL RECORD-HOUSE. 83

as the other place of honor to the other man. I do not think Mr. WALDO. Mr. Chairman, I now desire to call up my that because a man has the power to recommend in such a way amendment. as possibly his advice will be adopted and the appointment of a The CHAIRMAN. The gentleman from New York offers an friend made that therefore he becomes a spoilsman. The mere amendment, which the Clerk will report. conferring of the power does not corrupt. If the man is corrupt, The Clerk read as follows: if he makes an improper recommendation, if he yields to solici- Amend, on page 4, line 24, by striking out the words "to the law tations that ought not to be yielded to, it is not because of the of a pportionment or," so that it shall read: "That they shall be system, but because of an innate corruption in himself. [Ap- selected without regard to the political party a.tfiliation," etc. plause.] I have never recommended to place man or woman 1\Ir. WALDO. Mr. Chairman, I have always believed, and I that I have been ashamed of or who has failed to render proper still belie>e that those who are in the public service of the Gov­ service, and I do not believe that the membership of this ernment should be apportioned throughout the United States House needs the protection of these superserviceable gentlemen according to population, as they are now under the civil-service who are so free to throw epithets at them, calling them spoils- law. If these words in the bill, which the amendment proposes men and arrogating to themselves vast superiority because to strike out, are allowed to stand, together with the word" non­ they try to cover themselves with a mantle that they call the competitive," it will make the law so that the whole force may "merit system." [Applause.] be appointed from the city of Washington or from the State of Mr. GILLETT rose. [Cries of "Vote!"] Washington or from Oklahoma. Now, that is clearly against The CIIAlRMAN. The question is on the amendment offered the principle upon which the public service has been conducted by the gentleman from Massachusetts. for many years, and it is something that.ought not to be left in lllr. GILLETT. Mr. Chairman-- the power of the Director of the Census. I was opposed, and I The question was taken. am still opposed, to the abolition of competitive examinations Mr. GILLETT. \fr. Chairman, I addressed the Chair. and making them noncompetitive. If these examinations are to The CHAIRMAN. But the gentleman could proceed only be noncompetitive, that merely means that whoever receives by unanimous consent. the strongest political support is going to be appointed to these Mr. GILLETT. Well, Mr. Chairman, I think I might at least offices. have an opportunity to ask unanimous consent. I ask unani- Those places in the United States represented by officials of mous consent that I may be allowed to proceed for five minutes. the greater power and influence will most assuredly receive the The CHAIRMAN. Is there objection? larger proportion of these appointments, and we know it just as There was no objection. well now as we will after they are made. This is most unfair Mr. GILLETT. .Mr. Chairman, I did not intend to say an- to the country at large. 'rhe question as to the patronage to be other word, and I am very sorry now to occupy the time of the distributed by the Members of Congress under this bill is a mat­ House, but the gentleman from Iowa has so pointedly referred ter of little moment, but it is of great moment to the country to me, has spoken of diatribes that I have issued against spoils- and the citizens of the country that they shall all have a fair op­ men, of the assumption of virtue which I have made, that I portunity to enter into the public service. Unless this amend­ think I am entitled and I ought to say a word about it. I think ment is adopted this measure will deprive them of any such the gentleman, if he will look back over the past many years opportunity. No assurances that may be made by the Director that we have served together-and I am happy to say with great of the Census or by his employees can make that any different, ' friendliness, but always at odds on this issue-will recognize because it certainly will follow, if these two provisions stand as that the epithets have not come from me, that the severe Ian- in this bill that the greatest political pressure will appoint these guage has not come from me, but that if it has come from any- census employees. These are not strictly temporary appoint­ where, it has come from the gentleman himself and those whose ments. These appointments will last two or three years. It is opinions have been like his. I think that always I have acted only those appointments to which the gentleman from Iowa re­ with courtesy, without any assumption ·of superiority, or purity, ferred that are temporary-the supervisors and inspectors whose and without ascribing to him and those who agree with him work is practically done in thirty days-but these employees any motives of which they should be ashamed and that therein affected by the amendment are men who ought to be under. civil I have differed from my opponents. service. They are men who will be two or three years in serv- But, .Mr. Chairman, I am not willing to let pass uncontro- ice, and a large proportion, if not all of. them, will be trans­ verted the statement that he made, for I do believe, contrary to ferred from this service, as they have been in the past, to the his express opinion, that the system which he has always so vig- permanent civil service of the Government. I therefore hope orously upheld is vicious, fundamentally, and that the change this amendment will prevail. which has come over all our civil service in Washington has Mr. MANN. Will the gentleman yield for a · question? immensely improved that service. .Moreover, I believe, and I 1\fr. wALDO. Certainly. am glad that this bill recognizes it, that this service has so far .Mr. MANN. I do not know how far the gentleman has justified itself in the opinion of the great mass of the people of looked up this matter in detail-- the United States that the gentleman and his friends no longer 1\fr. WALDO. I have not. dare to put on the statute books the authority for appoint- 1\fr . .MANN. But I understand that unless the law of appor- ments which used to prevail. Civil service is not ideal. I have tionment is waived the State of New York has no apportionment always admitted it was not. It does not pretend to be ideal, in the Census Office at all. but it is infinitely better than the system whose place it took, 1\lr. WALDO. That would be immaterial to me. and for proof of that you only need to go back to the debates in .Mr. MANN. Oh, I understand; but the State of Illinois, the Congress when t11is question first came up and read the condi- State of Maryland, and other States would be in the same con­ tion of the departments at that time and look at the condition dition, because their quota is now. in excess of the apportion- of the departments now, and no cnndid man can fail to see that ment. - the civil service has infinitely improved not only the work but 1\fr. wALDO. If that be true, they ought not to get any ap- tlie economy of administration and the relationship between the portionment under this bill. · executive and the legislative; and this bill of itself-and I am 1\fr. MANN. But I do not know whether the Census ought glad to admit I believe this committee adopted the best bill to draw all the clerks from Oklahoma, as the gentleman sug­ they thought they could carry through this House-this bill gests; the most of them would come from there if the gentle­ admits the wisdom of examinations. It provides for an exami- man's amendment prevails. nation, and, in my opinion, it simply does not go far enough, 1\fr. wALDO·. I doubt it very much. and the reason it does not every Member in this House knows 1\fr. 1\-IANN. That is a fact. is not because of the relative merits of the two systems, but is Mr. WALDO. If it is true that any State has more than its because the members of Congress want the patronage. [Ap- proper proportion, then the appointments under this measure plause.] should be distributed all around the rest of the United States. .Mr. COOPER of Wisconsin rose. [Cries of "Vote!"] If the rest of the United States can not provide proper men to Mr. COOPER of Wisconsin. Mr. Chairman, I ask unanimous fill these positions, they will be taken from any place in the consent for five minutes. United States where proper and qualified men can be found. The CHAIRMAN. Is there objection? The question was taken, and the amendment was rejectedr 1\lr. DWIGHT. I object. Mr. DE ARl\10]\~ . .Mr. Chairman, I desire to offer an amend- The CHAIRMAN. Objection is heard. The Chair will I ment. again put the question. The question is on the amendment The CHAIRMAN. The gentleman from Missouri offers an offered by the gentleman from Massachusetts. amendment, which the Clerk will report. The question was taken; and on a division (demanded by The Clerk read as follows : Mr. GILLET!l' and Mr. SULZER) there were--ayes 65, noes 119. Amend by striking out a ll of the proviso in lines 4, 5, 6, 7, 8, 9, 10, So the amendment was rejected. and 11, on page 5, ending with the word " examination." 84 CONGRESSIONAL -- RECORD-HOUSE~ DECEMBER 9,

Mr. DEl .ARMOND. ?tfr. Chairman, this- provision is for the So it refers clearly to the classified s~rvice, and the term transfer of persons who have had experience in census work­ "employees" covers clerks. It is merely to give the director how much or how little or what time is ·not mentioned-in the authority to secure the services of those in other departments Census Bureau, and then after service there shall make them that may improve his own. Of course we might safeguard and eligible without examination to any appointment in the de­ prescribe the different kinds of clerks, po sibly name those who partmental service. have had experience in the census work before. But we coir­ Now, it will be noticed that preceding that there is a para­ fer upon the Director of' the Census a certain latitude of dis­ graph that provides for the selection of persons of previous cretion in making requisitions, of course. ro..!)erience in census work, at the option of the Director of the Mr. DE ARMOND. Well, if the gentleman will permit, Census. I do not just understand what the object of this pro­ would it not be better to say " clerks in the cia ified service," vision is, but it seems to me that the effect can not be good. or "employees?" Then it could not mean something else. One may have been_ in the census in any capacity without get­ 1\Ir. LANGLEY. No; because the director might want to ting any familiarity with special census work, any technical transfer some oue else who might not come under that desig­ knowledge, yet having been employed in the Census department nation-chief of division, for example. I do not think it would at some time or another and being now in some otlier dei>art­ be wise to limit to any special designation, such as that. mental service, as a janitor or in any other position, that. per­ Mr. DE .ARMOND. The point I want to make is that it not son may be transferred to the Census Bureau, and having been only covers clerks in the classified service, but covers employees transferred there shall be eligible to appointment in any depart­ alsoA It takes those who once have been employed in the Bu­ mental service thereof without any examination at all. It reau of the Census, because at the present they are duly trans­ seems to me that the effect will be bad and that no good result ferred, being employed in the departmental service, may be can come from the retention of that provision. I wil1 be glad permanently transferred to the classified service. No question to hear from the chairman of the committee or some other gen_­ as to what the employment in the Census Bureau was and as tleman in regard to it who will explain the purpose of it. to any degree of efficiency or lack of it No question as to the Mr. CRUMPACKER. The purpose of th1s provision is to employment in the departmental service; but once in the Census authorize the transfer of certain clerks now in other branches Bureau-at the time transferred to the departmental ser ice­ of the service who have had previous experience in the Census this person is eligible to the regular service after expiration of Office and who are more or less skilled for the purpose of pro­ employment in the Census Bureau. There is where you may have moting the administration of the census law. The same kind of very great abuse, and do very great injustice to the other clerks. provision, as I recollect, was in the act for the Twelfth Census. I think the suggestion made by the gentleman from Pennsylvania This provision was taken from that act, and a few clerks were [Mr. OLMSTED] and the suggestion made by the gentleman from transferred by the order of the head of the department upon Indiana [Mr. CRUMPACKER], if what these men were was stated the requisition of the Director of the Census. They were clerks in the bill, it would remove the objection. If it means clerks that were already in the classified service, and the work.. of the in the classified service, if it means employees in the classified Census Office is of that peculiar character that it is important se:r.vice, let us say so. If it means people who have come in by to have as many experienced clerks and employees in the office virtue of examination and therefore do not need an examina­ during the temporary period as possible. And in making these tion to be n·ansferred to the Census Bureau and ought not to transfers it adds to the efficiency of the force of the Census be required to take an examination to be transferred back, let Office, and when the temporary service is over, of course, it is us say so, and not leave it so loose that a janitor of the Census due to the clerks who have been transferred and are in the Bureau may be appointed to the classified service after being a classified service to provide that they may be reappointed in janitor in the Census BuTeau, without any examination. the classified service again. That is the purpose of the pro­ 1\lr. OLMSTED. I offer the- following m:p.endment. vision, and it is identically the same provision that Congress The CHAIRMAN. There is an amendment pending. incorporated in the act providing for the Twelfth Census. Mr. OLl\fSTED. This is a preferential amendment, to per· Mr. DEl ARMOND. Mr. Chairman, the gentleman from In­ fect the text. diana [~fr. CRUMPACKER] speaks of clerks in the classified serv­ The Clerk read as follows : ice. Now, if this provision related to clerks in the classified Amend by inserting the word "classified " between "departmental " se£vice only, and so stated, it would be a different provision, and "service," in line 5, page 5, so that it will read. "departmental but we know it says " employees," and it says, " in other classified service." branches of the departmental service," having no reference at The CHAIRMAN. The question would not be in order while aU to whether those clerks are in the classified service or in the other amendment is pending. the unclassified service, whether they are clerks at all, or 1\lr. OLMSTED. I submit it is in order to perfect the amend­ whether they are employees of some other kind, and whether ment before striking the words out. they have any special knowledge of census affairs or not. It The CHAIIUllN. Very well. merely provides that anybody who has had experience in the 1\Ir. OLMSTED. Mr. Chairman, I am in harmony with the Census Bureau and is in the departmental service may be trans­ views expressed by the gentleman from 1\fissouri. The pro­ ferred to that bureau, and then, after being transferred and after vision as it now stands would, I think, permit the transfer of service there, shall be eligible to appointment to any depart­ unclassified employees from other departments who are now mental service without examination. on temporary appointment. As the act now stands it would If the gentleman from Indiana [1\fr. CRUMPACKER] would further permit them being transferred to the Census Bureau make the provision according to his suggestion concerning the and then at the end of the census period transferred to the matter, I would see no objection to it. But it does not say other departments without examination. By inserting the "clerks," and it does not say " classified service." amendment I have suggested, I think the objection of the gen­ Mr. CRUMPACKER. That is what it means. tleman from Missouri will be covered, so that it will state Mr. OLMSTED. If the gentleman from Missouri will per­ those who are transferred were those in the classified service. mit, would it not answer his purpose to insert "classified" in It will limit it to those who are in the classified service and per­ line 5, so as to read " departmental classified service? " mit none to go into the classified service without an examina­ Mr. DEl ARMOND. It does certainly improve it very greatly. tion. Mr. ·OLMSTED. That would prevent temporary employees The CHAIRMAN. The question is on the amendment going into the Census department and then going into the Mr. CRUMPACKER. I can see no objection to the amend­ classified service permanently without examination. ment offered by the gentleman from Pennsylvania, but I think Mr. DE ARMOND. The point I am trying to make is that it adds nothing new to the bill. they need not be clerks at all, but janitors, doorkeepers-any­ The CHAIRMAN. The question is on the amendment offered body who has once served in the Census Bureau. by the gentleman from Pennsylvania. Mr. LANGLEY. The gentleman will notice that the language The question was taken, and the amendment was agreed to. in line 10 is "for positions of similar grades." That refers to The CHAIRMAN. The question recurs on the amendment a position of like grade that he occupied before. moved by the gentleman from Missouri to strike out Mr. DE ARMOli.TD. I take it that it is a position of like The question was taken, and the amendment was rejected. grade occupied in the Census Bureau. Mr. DE ARMOND. Mr. Chairman, I wish to offer another Mr. CRUMPACKER. Permit me to suggest to the gentleman amendment. from Missouri, reading this provision as a whole it is clear The Clerk read as follows: Amend by striking out the words, "and at the end of such service that it applies to classified positions only, because it authorizes the employees so transferred shall be eligible to appointment to posi­ the transfer without examination, and only the classified. service tions of similar character in any department without examination," provides an examination for transfer. Those who are not in in lines 8. 9, 10, and 11, page 5. the classified service may resign one place and be appointed. in Mr~ CRU"M:EAOKEJR. 1\Ir. Chairman, I suggest a question oJ another without any authority otlaw. order in relation to that amendment. A motion to strike out 1908 . .CONGRESSIONAL RECORD-HOUSE. 85

. the proviso was made by the gentleman from Missouri, and all The OHAIRl\f.A.N. The question now recurs on the amend- . amendments calculated to perfect that part of the text pro­ ment offered by the gentleman from Missouri to strike out. poseu to be stricken out should have come before the motion to The question was taken, and the amendment was lost. strike out. The gentleman's motion to strike out the proviso The Clerk read as follows : was the first motion made. 'l'he gentleman. from Pennsylvania SEc. 8. That the Thirteenth Census shall be restricted to inquiries relating to population, to agriculture, to manufactures, and to mines [Mr. OLMSTED ] then submitted a preferential motion to amend and quarries. The schedules relating to population shall include for . the text, \Yhich wa s adopted. Then the Committee of the Whole each inhabitant the name, relationship to head of family, color, sex, House refused to strike out the proviso. I suggest that the age, conjugal condition, place of birth, place of birth of parents, num­ amendment now proposing further to change the text is not ber of years in the United States, citizenship, occupation, school attend· ance, literacy, and tenure of home. in order. The schedules relating to agriculture shall include name of occupant Mr. DE .A.Rl\IOND. Mr. Chairman, I think the amendment of each farm. color of occupant, tenure, acreage of farm, value of farm and improvements, value of farm implements, number and value of live is not subject to the objection. It is an entirely different and stock on farms and ranges, number and value of domestic animals not distinct amendment from -the other, and an amendment perfect­ on farms and ranges, and the acreage of crops as of the date of enu­ ing the cla.use which this would strike out would now be ill meration, and the acreage of crops and the quantity and value of crops order, of course. and other farm products for the year ending December 31 next preced­ ing the enumeration. The CHAIRMAN. The Ohair thinks the amendment is in The schedules of inquiry relating to manufactures and to mines and order. quarries shall include the name and location of each establishment ; it character of organization., whether individual, cooperative, or other .l't1r. DE .ARMOND. Now, Mr. Chairman, appears to me form ; character of business or kind of goods manufactured; amount that this provision is an unnecessary one. If a person who has of capital invested; number of proprietors, firm members, copartners, been transferred possesses the necessary qualifications, it is stockholders, and officers and the amount of their salaries; number of employees and the amount of their wages; quantity and cost of mate­ no hardship to take the examination again. If a person does rials u ed in manufactures; amount of miscellaneous expenses; quan­ not possess the proper qualifications for any particular posi­ tity and value of products; time in operation during the census year; tion, there is great necessity why the examination should be character and quantity of power used, and character and number of machines employed. taken. I do not care, however, to discuss the matter. It ap­ The census of manufactures and of mines and quarries shall relate to pears to me that there is no measure of injustice to the person the year ending December 31 next preceding the enumeration of popu­ transferred, because. he can take his transfer or not. He takes lation nnd shall be confined to mines and quarries and manufacturing the chance of getting into another and permanent service or establishments which were in active operation during all or a portion of that year and had a product valued at $500 or more. The census to drop into the temporary branch of it and go out of the of manufactures shall furthermore be confined to manufacturing estab· service. If he goes out of the service he goes by his own lishments conducted under what is known as the factory system, exclu­ election; he is not transferred except with his own consent. If sive of the so-called neighborhood or household industries. Whenever he shall deem it expedient, the Director of the Census may he goes out of the service by happening to be one of the super­ charge the coll\'Ction of these statistics upon special agents or upon numerary employees dropped, it seems to me he ought to get detailed employSL_s, to be employed without respect to locality. into it again, if he gets into it at all, just as anybody else The form and subdivision of inquiries necessary to secure the infor­ mation under the foregoing topics shall be determined by the Director would have to do. of the Cen.sus. l\lr. CRUMPACKER. Mr. Chairman, a word upon that amendment. I think the gentleman from Missouri will agree Mr. KEIFER. Mr. Chairman, I desire to offer an amend· with me in the view that clerks in the classified service may be menton page 6 of this section of the bill, and I send the amend· transferred by an order of the head of a department without ment to the Clerk's desk. their own consent. The order of transfer is compulsory. It Mr. SLAYDEN. Mr. Chairman, a parliamentary inquiry: would hardly be fair to transfer a classified clerk into a.n un­ When we offer amendments to the various paragraphs of sec­ classified position for a period of a couple of years, when he tion 8, will they be entertained by the chairman of the committee would lose the right under the law to be reappointed, and then in the order in which the paragraphs appear in the bill? For require him to take a civil-service examination again to get example, if an amendment is offered to paragraph 1 of section back into the classified service. This is simply to protect the 8, will that be entertained before an amendment offered to para­ rights of a clerk in the classified service who may be trans­ graph 2 of section 8? ferred against his will into this temporary service to make it .l'tlr. KEIFER. Has the gentleman from Texas an amend· more efficient. Therefore I think the gentleman from Missouri ment to paragraph 1? ought not to insist upon his motion. Mr. SLAYDEN. I have. Mr. DE .A.Rl\IOND. I will offer an amendment, then, to per­ Mr. LAMB. I also have an amendment to paragraph 1. fect the provision. I move to insert the words "against their .l'tlr. KEIFER. I am willing to yield to the gentleman from will" in line 9, so that it will apply to this class, as the gentle­ Texas to offer his amendment first. ·Whatever method the Chair man suggests it should do. There will then be no objection desires I am willing to yield to. I am willing to offer mine to it. after the gentleman from Texas bas offered his amendment to The CHAIRMAN. The Clerk will report the proposed amend­ the first paragraph. ment. The OHAIR.l'ti.A.N (Mr. STERLING.) The amendments may be · The Clerk read as follows : considered in any order. It is for the committee to determine In line 9, after the word " transfer," insert the words " against their in what order they will be considered. . will." Mr. CRUMPACKER. I understand the gentleman from Ohio is willing to yield and withdraw his amendment until amend­ Mr. ORU1\1PAOKER. I think that amendment hardly needs ments have been offered to paragraph 1. discussion from our side. Clerks may often be willing to go 1\Ir. SLAYDEN. .l'tly amendment is to the first paragraph. I at the mere suggestion or request of the head of the depart­ offer the following amendment, which I send to the Clerk's desk ment, for the promotion of the general efficiency of the service, to haYe read. and they ought not to lose their status at all, whether they go The Clerk read as follows : willingly or unwillingly. They can not go of their own motion. Amend by inserting after the word "condition," in line 4, page 6, the They can only go upon requisition and the order of the head following: "including intermarriages of persons of the white race with of a department. Therefore I think both amendments ought negroes and Asiatics, usually known as the black and yellow races, and to be voted down. with the descendants of such races." • Mr. DE .AR:\IOND. Mr. Chairman, my intention in offering Mr. SLAYDEN. Mr. Chairman, I hope that e-very Member the amendment was to meet e.xactly the suggestion made by of the House will understand that this is a serious effort on my the gentleman from Indiana with reference to the clerks trans­ part to get information which I consider valuable and desirable, ferred against their will. Now, that amendment exactly coin­ and which can be bad in no other way. I assure the House that cides with the suggestion that he . made in opposition to the I offer it with perfect sincerity; with absolute integrity of pur­ other amendment. .Assuming that his suggestion was made for pose in an effort to get valuable information bearing on the so­ what it implies and means, I offered that amendment to per­ cial ·and economic problems of the country which I think we fect the provision, so that it would have just the meaning ought to have. . I sincerely trust that no gentleman will inter­ which he ga-ve to it in his former remarks. pose an objection in the way of a vote or otherwise. :Mr. CRUMPACKER. If the gentleman is serious, will he Mr. MADDEN. 1\Ir. Chairman, I would like to have the allow a suggestion? I offered that remark simply as an illus­ amendment again read. tration of the absolute injustice of the gentleman's proposi­ The CHAIRMAN. Without objection, the Clerk will again re­ tion to strike out. That is all. port the amendment. Mr. DE ARl\IOND. Well, the amendment is offered to illus­ The Clerk read the amendment a second time. trate the gentleman's remarks. Mr. CRUMPACKER. Mr. Chairman, the value of a census is Mr. CRUMPACKER. I call for a vote. purely statistical, and I a.m at a loss to know or understand The amendment was rejected. what effect the introduction of this question might have in the 86 CONGRESSIONAL RECORD-HOUSE. DECEl\fBER 9'

obtaining or gathering of statistics-how far a census enumera­ Mr. RANDELL of Texas. l\.lr. Chairman, I favor the amend­ tor ought to be authorized to go into questions that are more ment proposed by my colleague, the gentleman from Texas [1\Ir. or less of a delicate domestic nature. The inquisitorial power SLAYDEN], and I think it a matter of considerable importance. of the enumerator ought to be limited to the things that are If there is intermarriage between the white race and the black, necessary for statistical purposes. Now, there are investigations or the Mongolian, in this country, it is important that this fact that have in mind sociological results. The Bureau of the should be known. I fail to see the potency of the objection to Census ought to be kept free as far as· it possibly can be from it. The distinguished chairman of this committee, the gentle­ matters of speculation, and its inquiries ought to be free as fru.­ man from Indiana [1\fr. CRUMPACKER], suggests that it may be as they possibly can be from objectionable investigations-in­ embarrassing to have some woman asked about the color of her vestigations that people might with entire propriety be opposed husband. Why, the bill provides that each citizen shall be de­ to. Therefore I personally feel that it would be an unsafe thing scribed by these enumerators as to "color." That, I do not to incorporate this provision into the schedule. Nothing of the suppose, means merely the complexion, but it applies to the kind has ever been included in the population schedule in the race; and if a woman is asked as to the color of her husband history of the country. or a husband is asked as to the color of his wife, I can not see When we came to collect statistics respecting the women and any objection to the census enumerator reporting to us or to the children in the industries of the country, the point was made department how many marriages exist in the United States that the Director of the Census Office should not make the in­ between white and negro and white and Mongolian races. vestigation, because it was of a sociological and economic char­ The enumerator gets the information as to color, anyway. acter; that it involved inquiries that were not proper, perhaps, Then why should he not state it in his report in reference to for a purely statistical investigation. The President of the marriages? He gets the information, if he does his duty under United States submitted that criticism in a message to Congress, the provisions of this bill, which my colleague desires given, as against authorizing the Census Office to make that investigation, shown by the amendment he has offered here. Then, why not and in favor of having it made by the Bureau of Labor. Now, let them report oas to how many of these people are inter­ this investigation, if it is proper, might be made by some specu­ married? It may be that it would be embarrassing to some­ lative division or bureau in the Department of Commerce and body; but I do not see why a white man, if married to a Labor, but I feel that the Census Office ought to be confined to negro, ought to be ashamed of it. He is no better than the investigations that are purely for statistical purposes; that can negro he married. If be has married a Mongolian, we want to not in any sense be speculative. Therefore I am constrained know that fact also, in order that the record may show how to object to the amendment of the gentleman from Texas [Mr. far a mixture of races has proceeded in this country. If there SLAYDEN]. are no such marriages, then we w.ant the satisfaction of know­ 1\lr. SLAYDEN. Mr. Chairman, I want to assure the gentle­ ing that in this great Republic, under our system of govern­ man from Indiana [1\Ir. CRUMPACKER] that the purpose of the ment, and under our present conditions and environments, we amendment is purely statistical. I desire to know, and I have are moving on in the progressive march of humanity, keeping no doubt that an overwhelming majority of the people of this the rac.es separate and the blood pure. It seems to me there country would like to know, just the things inquired of by the can be no reason for emb.a.rrassment, but that the information amendment. There· is no indication that any man is opposed here is really of material interest to all sections of the country to or that he does not sympathize with such unions. It is not and ought to be included in the report. It will require no more entering into a discussion of that phase of the question at all; knowledge, no more inquiry than the enumerators will be com­ it is purely statistical. All the statistics that are to be gath­ pelled to take in domg their duty under this bill. It is simply ered by the census have a direct bearing upon the sociological a law requiring them to extend their report by showing what and economic conditions of the country ultimately. the status is in reference to marriages of those of different Mr. CRUMPACKER. That is altogether true, Mr. Chairman; colors, .and I hope the amendment will be adopted. but here is a thought that came to me after I sat down: In Mr. CRUMPACKER. Will the gentleman from Texas a1low the preparation of schedules, in th~ instructions to enumerators a question? How will he have the investigation conducted? who travel about over the country to obtain information, sup­ Would he authorize the enumerators throughout the country pose the enumerator visits a home when the husband is away. to make these inquiries from the fathers, mothers, and heads )Vould the gentleman have him ask the wife if her husband is of families, or would he require the enumerator to simply re­ a negro or if he is an Asiatic? port those cases that came to him incidentally? Mr. MANN. How would the gentleman from Texas like to Mr. RANDELL of Texas. Why, let him make the report ha\e the enumerator ask his wife that question? that common sense would require him to make. Now he makes Mr. SLAYDEN. That is all right; I am perfectly willing to the report as to what is the color of the man and his wife; have the question asked. Being certain of my position, I do not then, why not say that this person of color and this person not dread the inquiry. of color are married? Mr. CRUMPACKER. The gentleman can see at once-I ·1\fr. CRUMPACKER. Is it not of as much importance, per­ think he ought to-the entire impropriety of arming these 60,000 haps greater from a sociological standpoint, to know how many census enumerators with the power of addressing questions of children are the result of illegitimate sexual intercourse between that kind to the women of a household. Let us a\oid the hu­ the raceS'? miliation that might reasonably follow from anything of that l\fr. RANDELL of Texas. So far as that is concerned, this kind. amendment would assist in ascertaining that fact, because they Mr. SLAYDEN. Mr. Chairman, the gentleman has advanced can state, as required by the amendment, how many marriages no reason, in my judgment, why this amendment should not are of mixed blood, and then we could have some basis for cal­ prevail, and I hope that the House will take the view that we culating the illegitimate issue, if you have an interest in that. ought to have this information. It is very desirable, and we It seems to me about the only embarrassment there can be in should have it. It is just as desirable, I think, and vastly more this matter would be the opposition from some race-in fact, important, than other sorts of information that we go after in from the colored races-that might affect the vote of some these inquiries. Schedules relating to population are included, Members on this question; but it seems to me it ought not to and that sChedule will include the name of each inhabitant, the be embarrassing at all, for the information here is for the relationship to the head of the family, which may be legitimate good of the country. It is not partisan, it is not political, it : or illegitimate, the color-and those are not a bit more perti­ ought not to be considered sectional. It is simply a report that nent than the inquiries I propose-:-the sex of each and the con­ should be made on a matter about which we all ought to have jugal conditions, etc. Now, what do you mean by the conjugal information and which I believe would be for the good of this conditions-married or unmarried? country. [Applause.] Mr. CRUMPACKER. That is all. The CHAIRMAN. The question is on -agreeing to the amend­ l\fr. SLAYDEN. Living in legal or illegal relationship? ment offered by the gentleman from Texas. Mr. CRUMPACKER. No, no; whether they are married or , not, that is all. The question was taken, and the Chair announced tha noes Mr. SLAYDEN. Very well, Mr. Chairman, if it is important seemed to have it. · to have this information, is it not more so to have the informa- On a division (demanded by Mr. SLAYDEN) there were-ayes 37, noes 43. 1 tion I require in niy amendment? The color of the people is to So the amendment was rejected. 1 be learned. Now, that all goes to a --definition of the conditions i domestic that obtain in this country, and the inquiry I propose Mr. LAl\.IB. Mr. Chairman, I offer the following amendment. I merely goes a little step further. It gives us information on The CHAIRMAN. The Clerk will report the amendment. i points that are of importance to the entire counh·y, and I think The Clerk read as follows : 1 that on reflection even the gentleman from Indiana [l\fr. CRuM- Section 8, line 6, after the word "home," insert as follows: "and PACKER] himself will consent to vote for this amendmen4 whether or not a survivor of the Union or Confederate Army or Navy." 1908. CONGRESSIONAL-RECORD-HOUSE. 87

Mr. ~ID. This is just to enumerate soldiers on both sides, Mr. MANN. Certainly." Mr. Chairman. Mr. ROBL~SON. I would like to ask the gentleman if he has Mr. MANN. Mr. Chairman, let us have the amendment re- considered the question of the p.racticahility of getting this in­ ported again. formation by the Census Bureau, and whether or not it had The amendment was again reported. better be done by other bureaus of the Government, or whether The question was taken, and the amendment was agreed to. it can be practically done by the Bureau of the Census? 1\Ir. MANN. Mr. Chairman, I have an amendment to the 1\-Ir. MANN. Well, I thinlr there will be no trouble in acquir­ same paragraph. ing information, which necessarily will be to a large extent The CHAIRMAN. The Clerk will report the amendment,. superficial, much of which will not be taken from men in the The Clerk read as follows: field, but much of which will be obtained from work already Page 6, line 1, after the word "Ii:lnnu!actures," Insert "an~ natural done by the Government; but it. is impossible to-day to learn a~ J:esources belonging to the Government." proximately even the results of the work already done by the Mr. MANN. Mr. Chairman~ the effect of that amendment, if Government in any tabulated form. adopted, would be to have the census work include a census of Mr. ROBINSON. Will the gentleman yield to a further the natural resources of the country so far as they are upon question? the public domain. · · Mr. MANN. Certainly. We have heard recently a great deal about conserving the 1\fr. ROBINSON. Does the gentleman not recognize the fact natural resources. There is now in the city of Washington a that this service he proposes would require the services of ex­ congress, or whatever it may be called, for the conservation of perts before the statistics or inf01·mation secured could be of the natural resources. We have at various times different any practical value whatever, and does he not think that the propositions presented before Congress and before the executive work had better be done by the bureaus in charge of that par­ branches of the Government for the expenditure of large sums ticular branch of the work 1 of money for the conservation of the natural resources.. Con­ 1\lr. MANN. It is not done by anybody to-day. There is no g:J..·ess and the Executive are now at a disagreement in reference effort on the part of the Government to ascertain the natural to the use of water power upon the navigable streams. of the resources of the Gover:n.ment, and no present means of ascer- country. No one knows what the water power is that may taining anything at all about it. · be utilized. No one knows what the natural resources may Just let me: ask the gentleman a question. Does anybody be in the forests. No one knows what the natural resources know the water powers owned by the Government? are upon the public domain of the country. You make inquiry Mr. ROBINSON. I do not know. I would like to ask the of the Land Offic~ but they have no knowledge on the subject. gentleman from Illinois this further question : Does not the You may make inquiry of any branch of the Q()vernment, and gentleman from Illinois admit that the kind and character of they have none, or, at least, but little knowledge of the subject, information which would be secured in this investigation would and it seems to me that while we are on the threshold of enter­ be practically of little value in his answer to the gentleman ing upon the expenditure of large sums of money for the: pur­ from Colorado? pose of conserving our natural resources, it ought to be done Mr. 1\fANN. 0~ 'the gentleman does not want to put such upon some systematic plan based upon information obtained by language in my mouth.. us before we go too far. Mr. ROBINSON. Will the gentleman from Illinois yield to I have not the slightest doubt that i.t will become the· duty of a further question? Congress, will become the inevitable will of Congress and the Mr. MANN. Certainly. people, that the resources of the country shall be conserved and Mr. ROBINSON. Does he not know and say that the in· protected as far as possible, and that wise policy shall be formation will be necessarily superficial; and i! so~ would such adopted by Congress in its legislation for that purpose. And information be of value to the country'l the :first thing to do is to ascertain what resources we now Mr. MANN. The gentleman from Arkansas. and I are good ha.ve on our national domain belonging to the peaple before friends. I do not think the question requires further answer. we undertake to say what shall be done with, at least, those The CHAIRMAN. The time of the gentleman from lllinois resources, and before we undertake to say what policy we shall has expired. adopt in regard to that domain. Mr. UOBINSON. If the gentleman is satisfied with that 1\fr. BONYNGE. Will the gentleman yield for a question? answ·er, I am. Mr. MANN. Certainly. Mr. :MANN. I think everybody is satisfied. Mr. BONYNGE. Will the gentleman explain how he is go­ Mr. CRUMPACKER. I certainly hope the distinguished gen­ ing to acquire that information during the taking of a census? tleman from Illii1.0is will not insist upon his amendment; but Let me put to him a specific question. Take the amount of if he does, I sincerely hope that the Committee of the Whole coal lands in one of the Western States, and how are you going House f the House and the country corruption of any of the territorial or federal officials concerned. in the course of the last few years. We have had considerable " 2. That all the evidence on hand showed that the territorial offi­ cials invited the action of the purchasers of the land and timber with to do legislatively on this subject. I have not seen the Attor­ the evident intent of getting money for accomplishing the various ob­ ney-General's report for this 'year, and I would like to know jects for which the grants were made. what the Attorney-General's report says. " 3. That the prices contracted for were not extremely low as of the date of the various contracts and sales. . Mr. 1\f.ANN. I have not read the Attorney-General's report " 4. That no criminal intent, other than the intentional evasion of this year. Mr. Chairman, I would say that I once made a the law, appeared in the evidence at band either against the terri­ speech in the House on that subject that caused me so much _torial officials or the purchasers and timber contractors. " 5. 'l'bat for the above reasons there was no reasonable prospect of trouble that I almost resolved never to refer to the subject convicting either the officials or purchasers for conspiracy or fraud again. against the United States or the Territory." Mr. GAINES of Tennessee. The gentleman would know that It was decided, however, that all the parties were affected with direct notice that they were disposing of and purchasing land and timber in I would not cause him any trouble, because the gentleman knows direct contravention of the specific conditions of the granting act. For he stands very high in my opinion. that reason the Attorney-General believed that civil suits to cancel the contracts for timber sale, to recover the full value of the timber already Mr. Chairman, I did not intend to say anything on this sub­ cut, and to cancel the deeds for the lands sold, should be instituted. ject, but sitting here and listening to what has been said re­ Messrs. McHarg, Gordon, and Holcombe were therefcre instructed to minds me of a matter that was before the Committee on Public return to the Territory and prepare bills in equity to accomplish that end. Accordingly, the following suits were filed for the annulment of Lands at the last session of Congress and also of a letter I had contracts for the cutting of timber on granted lands in the Territory of in my desk from Secretary Garfield. A bill something of this ~~:~~~~co and the recovery of the value of the timber already cut and nature came before the Public Lands Committee. It seems that United States of America v. Territory of New Iexico, American a number of people had gone out into New Mexico and taken ~umber Company, contract dated November 7, 1904; 7,780 acres up apparently the whole face of the. earth out there, covered by valencia County. ' rich timber land, and the Government undertook to investigate United States of America v. Territory of New Mexico, American Lumber Company, contract dated December 5, 1904 ; 29,920 acres, those parties. Suits in equity and criminal suits were insti­ McKinley and Valencia counties. tuted. A little later a lot of people came here to Congress, a United States of America 'IJ . Territory of New Mexico, Clark M. great crowd of men from New Mexico, some eight or ten, Carr, contract dated July 28, 1905; 11,377.50 acres, Valencia County. United States of America v. Territory of New Mexico, Gross K elly stopped a week or ten days, and undertook to get a bill passed, & Co., J. W. Harrison, contract dated January 23, 1906; 1,040 acres, as it were, to wipe out all this litigation from the courts in New San Miguel County. All these contractors for the purchase of the timber bad agreed to Mexico by some sort of compromise. I did not like that way pay $2.50 per acre-to cut or pay for the timber within five years­ of doing business, and I began to investigate the matter, not and to do the cutting under certain rules and regulations concerning only in the committee, as best I could, but I appealed to the diameter limit, protection against life, etc. Attorney-General to know who approved that kind of a com­ I have no conclusive evidence of the actual value of the timber in­ volved in these sales as of the date of the timber conh·acts. promise. I should have said that the Government in one of the The suits for cancellation of deeds to land sold in fee, for the recon­ cases-the main case--had won the case on a demurrer, and the veyance of title, and for payment of all damages to the land during defendants were required to answer. I wondered why it was the time that it was held by the purchasers wel·e as follows : United States of America v. S. B. Day, 10,804.96 acres, Valencia that we were asked to wipe out litigation when it looked as County. though the Government was winning and to substitute this United States of America v. Gross Kelly & Co., H. W. Kelly, and Richard Dunn, 16,524.24 acres, Torrance County. sort of a compromise. So I went to the Attorney-General, Mr. United States of' America v. Pennsylvania Development Company, Bonaparte, and spoke to him about it. He also gave me a New Mexico Fuel and Iron Company, W. S. Hopewell, 7,797.36 acres, letter in reply to one that I h-ad mailed him before I went to Torrance County. · United States of America v. American Lumber Company, Silvestre see him. I am sorry I have not his reply here. I am going to Marabal 4,160 acres, Valencia County. put it in the REcoRD, if I can find it. He said to me that after United States of America v. Gross Kelly & Co., 908.56 acres, San h e had filed a bill or bills at the instigation of Mr. Gar field, Miguel Coun ty, ·'

90 CONGRESSIONAL RECORD-HOUSE. DECEMBER 9,

United States of America v. Alamogordo Lumber Company, 23,571.72 true of coal and other mi.Iierals and of the forest resources. In acres. Otero County. . All the lands involved In these suits are covered with timber. Some the course of the discussion that was had by that commission of them will average less than 3,500 feet tq the acre. It is believed it was ordered in the report that the President be requested to that the general average Is between 4,000 and 5,000 feet per acre. In ask of Congress a law-in the census, it was understood-which addition to the sales of land for which the above suits were filed, there were also sold to Mr. T. A. Schomburg 5,874 acres of timber land would provide for a more complete inventory (I believe that was in Rio Arriba County. No suit was filed against Mr. Schomburg, be­ the word) of the natural resources of the country. cause he voluntarily reconveyed the land to the United Stat-es, but Now, sir, that inventory can best be made by the Census the deeds are held in escrow by the district attorney in order that Mr. Schomburg may, if he wishes, obtain the same terms of settlement as Bureau. The census will be discharging its great work, under­ the other defendants, provided Congress should see fit to pass the law taken once in a decade, at the particular time when we will allowing settlement of the suits. require this information. They will have the agents for the Very respectfully, JAMES RUDOLPH GARFIELD, Secretary. gathering of this information, and can easily have associated with them the scientific experts connected with the Geological I replied to this letter as follows : Survey and other bureaus of the Government. These agencies, MARCH 31, 1908. cooperating, can provide the country with information which Hon. JAMES R. GARFIELD, Secretary Department of the Interior, Washington. the commission for the conservation of the natural resources DEAR SIR: I am just in receipt of yours of the 24th instant, in the believe is a highly desirable thing to have. I hope that the matter of the public lands in court and out of court in the Territory of committee will permit the amendment of the gentleman from New Mexico, which I know I shall read with pleasure. I am trying my best to protect our lumber interests and homesteads illinois [Mr. MANN] to prevail. and punish the wrongdoers wherever I can. My motives are wholly Mr. CRUMPACKER. Let me ask the gentleman a question. unselfish. I have no public lands in Tennessee: I am trying to save Mr. SLA1.'DEN. Certainly. the lands in another way-that is to say, when they are sold I want them sold at their fair market price, the money put in the Treasury, Mr. CRUMPACKER. The gentleman realizes the importance and expended to the upbuilding of the unirrlgated sections of the West. of making these four principal inquiries within the time fixed I regret to have put you to so much trouble, but my effort is entirely in the bill. They are vital questions, and he appreciates the sincere and for the public good. necessity of having those investigations made and the results Yours, very respectfully, JNO. W. GAil\"ES. given to the public at the earliest date practicable if they are The CHAIRMAN. The time of the gentleman from Tennessee to be of any value to the country. Now, if this investigation has expired. . should so involve the work as to postpone the time in which Mr. GAINES of Tennessee. I want five minutes more, or these great investigations shoUld be made, for two, three, or some little time more. I want to make a single observation. four years, say, like the Eleventh Census, and the reports would The CHAIRMAN. Is there objection to the request of the be gotten out so late that they would have no current value, gentleman from Tennessee. [After a pause.] The Chair hears would the gentleman still insist upon putting the amendment none. into the bill? . _ Mr. GAINES of Tennessee. Now, I am going to ask consent Mr. SLAYDEN. Mr. Chairman, I do not admit that . it is to put all of this letter in the RECORD, together with the letters necessary that any such delay should follow. It is a matter of I addressed to General Bonaparte, if I can find it, and Sec­ clerical detail to arrange for this work to be jointly done by retary Garfield's and my reply, so that all Members may see scientific experts and the regular employees of the Census them. Now, gentlemen, this compromise bill is now pending Bureau. before the Committee on Public Lands. Heaven knows how Mr. CRUMPACKER. The Committee on the Census investi­ many acres of land are involved. Just let me run over some of gated the timber question, and the director said the office can these figures. Here are 7,000 acres, 29,000 acres, 11,000 acres, not make any other investigation than those provided for dur­ 1,000 acres, 10,000 acres, 16,000 acres, 7,000 acres, 4,000 acres, ing the census period. Speculative in its character, it would 908 acres, and 23,000 acres. Now, that is in one Territory. simply confuse and embarrass and practically destroy the value I understand some criminal prosecutions of these cases have of these great inquiries' that >Ve do- contemplate making. 1~hat been dismissed; I do not know how the fact is. That is the gen­ will be the effect. of the gentleman's proposition. I insjst that eral information I ha. ve, and hence my inquiry of my friend this House ought to have more information respecting the ques­ from Illinois. Mr. Chairman, it is an outrage, judging from tion and better knowledge of the effect that this inve.stiga.tion this letter. which I trust you will read to-morrow; it is an out­ would have upon those investigations that are of vital impor­ rage that great concerns and possibly small ones have gone out tance before legislating this amendment into the bill. on the public domain and taken from the Government of the Mr. PARSONS. I would like to ask the gentleman a ques­ United States our public lands contrary to the terms of the tion before he sits down. grant and contrary to the welfare not only of the Government Mr. SLAYDEN. Mr. Chairman, I yield the floor to the gen­ as such, but of the people, who want to go out there in the West tleman from New York [Mr. PARsoNs]. and make their homesteads, and I hope the time will come, if, Mr. PARSONS. Mr. Chairman, I do not understand that if indeed, it is not already at hand, when not simply the injuncti've the census of the natural resources of the Government, which process of the federal court will be used, but the criminal is what the amendment calls for, is to be taken that it would process of the federal court will be used to stop these frauds. have to be taken by the enumerators of the Census Office. It Not until the agency of the criminal law is invoked, and vigor­ would be taken by the experts employed in the scientific bureaus ously, will we get rid of this thing of our forests being stripped of the Government. Its publication will not necessarily de­ of their splendid timbers and our Government of its broad acres lay-- which our fathers left for posterity to build homesteads on. I Mr. BONYNGE. Will the gentleman yield to a question? am anxious to preserve the forests, irrigate land, and to build up Mr. PARSONS. Gladly. locks and dams over the country; but where in the name of Mr. BONYNGE. How does the gentleman say it will be God are we going to get the lumber to do it if the lumber kings taken by the experts employed, and what is there now in the unlawfully deny the people the right to go out in the West and different bureaus, and wh~tt is there in this bill that would take up homesteads? They have gone there and taken their saw­ compel it to be taken by those experts instead of organizing mills and their steam axes, I presume, and have mowed down a new force and duplicating the work by other experts and the timbers that should stay there to be sawed into lumber for scientists employed by the Census Bureau? our own grandchildren in the future. A large portion of that Mr. PARSONS. There is nothing in the bill, even if you timber is not only sawed into lumber, but sent to foreign lands adopt this amendment, to require the Census Bureau to take and not used to build up homes i1f our territory, where there this census by itself. I will refer the gentleman to the first are few homes; not to move back the wigwams and plant civi­ section of the bill, in which he will see that the Director of the lization where it should be. Census is required to take the census of the population, agri­ I make these obsen-ations simply to bring before you gentle­ culture, manufactures, mines, and quarries of the United States. men what has been in my mind some time in regard to these But this amendment says that the census also of the natural public lands in order that we may protect our forests for our­ resources shall be taken. selves and our posterity, and I insist that we should look to hlr. BONYNGE. By the Director of the Census, and not our cr·iminal Jaws to aid, the reform. through the experts and scientists employed in the other bu­ Mr. SLAYDEN. hl~. Chairman, I hope the amendment of the reaus, and it can not be construed and would not be construed gentleman from Illinois will prevail. I was honored with an otherwise unless the Director of the Census would employ auch appointment to the commission for the conservation of the force as he might require to make this independent census by natural resources of the country, and during the last week we his own agents and servants instead of using the agents and were in session for four or five days. A vast amount of exceed­ servants now in the federal employment. ingly interesting information was presented to that commission, Mr. PARSONS. May I suggest that if this amendment is which all indicated an alarming state of depletion in some of the adopted, then in a later part of the bill the proper provision most essential resources of the' country. That is particularly will be made so that for this information the Director cf the 1908 .. CONGRESSIONAL RECORD-HOUSE. 91

Census can call on the scientific bureaus of the Government to its own resources in order that the legislative branch ·of the make this census of the natural resources. Government may legislate intelligently respecting the powers 1\fr. ~'A WNEY. What would be the necessity of doing that expressly conferred upon it by the Federal Constitution. when the scientists of the other bureaus are all publishing to Mr. PRINCE. I withdraw the pro forma amendment. the world their discoveries and the result of their investi­ Mr. KEIFER. Mr. Chairman, I offer an amendment which gations? I send to the Clerk's desk. Mr. PARSONS. They are making discoveries, but not pub­ The amendment was read, as follows: lishing them in census form, and it is in census form that we Amend section 8, line 7, page 6, by inserting, after the word "in­ wish to have them. Now, we have questions as to the disposi­ clude," the words "all persons engaged in agricultural pursuits." tion of the coal on the public lands, and what to do with the Mr. CRUMPACKER. I have no objection to that amend­ water power on the pubH~ lands and various other things on ment. I think of course it is included, but if there is any doubt the public lands. We ought to have a census statement as to about it, and the gentleman from Ohio thinks there is, I have no what these resources on the public lands are in each locality; objection to it. and only by having this can we act intelligently. Th~ref~re Mr. KEH'ER. Then I will not occupy time in discussing it. we ought to call upon the various bureaus, through this btll, The amendment was agreed to. for a statistical statement in detail of these resources; and I Mr. DE ARMOND. Mr. Chairman, I offer the amendment take it that such is the real object of this amendment. which I send to the Clerk's desk. Mr. SLAYDEN and Mr. PRINCE rose. The amendment was read, as follows : Mr. PRINCE. Will the gentleman yield to me for a ques- Amend by inserting the word " actually " between the words " capi­ tion? · tal" and " invested," in line 30, page 6. Mr. PARSONS. I will first yield to the gentleman from Texas. . Mr. CRUMPACKER. Mr. Chairman, I did not understan·d Mr. SLAYDEN. I want to suggest to the gentleman from that amendment. Will the Clerk please report it again? New York that when the Twelfth Census was taken, if I re­ l\Ir. BONYNGE. He does not want imaginary· capital. He member correctly, any number of gentlemen were borrowed, so wants actual capital. to speak, from the scientific branches of the Government dur­ The amendment was again read. ing the taking of that census to assemble and conduct that work l\Ir. CRUMPACKER. I have no objection to the amendment. as employees of the Census Bureau, although their permanent The amendment was agreed to. official residence was in other bureaus; and it could be done Mr. DE ARl\IO~TD. Mr. Chairman, I offer the amendment again. which I send to the Clerk's desk. Mr. PARSONS. Exactly. That was my understanding. The amendment was read, as follows: Mr. PRINCE. Can the gentleman state to the House, if Amend by inserting between the word " invested/' in line 20, and this amendment were adopted, would Congress more readily the word "number," in line 21, page 6, the followmg : " The amount of capital stock authorized, the amount of such stock and promptly get the desired information that it needs in order issued and what amount of stock, if any, has been authorized or issued to make appropriations for the conservation of the natural in excess of the amount of capital actually invested." resources of the country? Mr. CRUMPACKER. That comes within the jurisdiction of Mr. PARSONS. Yes; I think it would. the Bureau of Corporations in the Department of Commerce Mr. PRINCE. Do you not think that if this matter, un~r and Ltl.bor and those investigations are being made occasion­ this amendment, is made a matter for the Census Bureau, when ally. It i~ no part of the work of the Census Office. It is in­ the Census Bureau has fen years in which to make its tabu­ quisitorial in its character, and the result would be that the lated report and print them in form · for the public, it will real facts that are desired for proper statistical purposes would delay the business that we all desire to speedily have per­ be exceedingly difficult to secure. formed in conserving the natural resources of the country? l\Ir. DE ARMOND. Mr. Chairman, the purpose of the amend­ Mr. PARSONS. Why, in order to know what we should do ment is definiteness. It is to get, if possible, information by to conserve the natural resources of the country, we first have to which we can know whether the capital is real or whether it is have an inventory of what they are. We have no such in­ watered. There is already an inquiry provided for as to the ventory now. We have bureaus making scientific reports; but capital invested. Now, this merely extends that along the they are not complete and do not attempt to show what the same line. It does not go into any other line, but the inquiry natural resources are in each State. If we adopt this amend­ is as to what is the proportion or relation between actual in­ ment we can get this detailed information. vestment and capitalization. If that is an invasion of the - The CHAIRMAN. The question is on the amendment pro­ province of the Bureau of Corporations, this whole provision posed by the gentleman from Illinois. is. If it is an invasion to ask whether the stock is in excess, The question was taken, and the Chairman announced that and if so, how much, of the capital iiivested, then it is . also the "noes" seemed to have it. an invasion to ask what the capital is. Now, this inquiry Mr. MANN. I ask for a division, Mr. Chairman. probably would be answered, if the other inquiry be not added. The committee divided, and there were-:-ayes 17, noes 32. to it, by a statement of what the capital stock is. For in­ So the amendment was rejected. stance, if a corporation is capitalized at $100,000, if there were The CHAIRMAN. Are there· any further amendments to this but the one inquiry, the information might be elicited that the paragraph? capital invested is $100,000, while as a matter of fact the l\Ir. PRINCE. I want to · make one formal amendment with amount of the capital invested might be $50,000 or $25,000. a view of getting information about the first paragraph of or any other sum. It is merely a drawing of a distinction section 8, and I move to strike out the last word of the section between the amount of money put in, the amount of property for that purpose. put in, and the amount of capitalization, where there is a I desire to ask the gentleman in charge of the bill a ques­ difference between the two. Where there is no difference, of tion. I see by your bill that " the Thirteenth Census shall be course there is nothing additional disclosed. Where there is a restricted to inquiries relating to population, to agricultuTe, to difference, it seems to me that that ought to be disclosed. It manufacture, and to mines and quarries." Now, the Constitu­ is information that is very easily given. As the provision now tion originally relates that the purpose of the census was to stands, in a · case where there has been an amount invested find the number of inhabitants with a view of making an ap­ and a capitalization beyond that, or watered stock issued, the portionment, to arrive at the number of Members of Congress information elicited, instead of being real information, wi11 be who should serve from the different States, and with a view that which misleads. If $500,000 has been invested in a plant, of making a direct .tax upon popu1ation. Will you be kind and capital stock is issued to the amount of $1,000,000, with enough to tell me when this original purpose of the Jaw was the inquiry as it is now, the statement will go forth that the modified, and the occasion of this great growth, both in the capital invested in that plant is $1,000,000. If there be no scope of the census enumeration and in the great additional ex­ difference between the actual investment and the actual pense that has been added for the taking of the census? capitalization, there certainly can be no harm and no confusion. Mr. CRUMPACKER. Well, it began with the first census. Now, it is an inquiry directly to those who can answer that In 1790 there was more than a mere counting of the population. inquiry. It is asking "How much money have you in your In authorizing the census in 1790, Congress required certain plant? How much stock have you issued? Is there an issue_ social information that, of course, had no relation to the mere of stock in excess of the investment, and if so, to what extent?" imposition of a capitation tax or apportionment of representa­ It appears to me that it is useful information, and that in tives. But I take the position now that the Federal Govern­ order to avoid getting misinformation, in order to get a state­ ment, with its power to maintain an army and a navy, to estab­ ment of the amount of stock, actual and watered, in answer to li.~h post-offices and post-roads and military roads, to impose the inquiry of how much money is invested, it is at least proper, excise taxes and perform all the functions that belong to a nud I think very necessary; to have the supplemental inquiry national government, has inherently the right to investigate that I have suggested. 92 CONGRESSIONAL RECORD-HOUSE. DEOEl\ffiER '9'

I do not think that the objection suggested by the gentleman abroad, that is a matter which each manufacturer can settle for from Indiana is one that lies to this a bit more than it would himself when he comes to make his returns. But I believe it to lie to any other inquiry along this line. If you ask how much be a fact that every manufacturer does know substantially the capital is invested in your business, you are nDt treading on any proportion of his goods which is sold to the foreign trade nnd diingerous ground in asking whether your ~pit:'lliz~tion accords the proportion which is sold to the home trade. If he does not with the inYestrnent or whether your caprtalization is partly make the sales direct to the foreign trade, he at least lm.ows real and partly bogus; whether your issue of stock is pa~tly the destination practically of all of the manufactured goods; upon the investment and partly upon water. I really thrnk that is, he knows whether it is for domestic or whether it is for that it is such an amendment as ought to be adopted, and such foreign use) and certainly there can be no substantial objection. as will tend to perfect the provision. This involves no additional expense, it is not out of harmony The CHAIRMAN. The question is on the amendment pro­ with the inquiry as to other details of the census, and I can not posed by the gentleman from Missouri [l\lr. DE ARMOND]. see any possible harm from supplying the American people with The question was taken; and on a division (demanded by Mr. a direct statement from the manufacturer himself as to the pro­ DE ARMOND) there were 25 ayes and 31 noes. portion of his foreign and domestic trade. Mr. DE ARMOND. l\Ir. Chairman, I would like to have The CHAIRMAN. The question is on the amendment offered tellers. by the gentleman from Nebraska. Tellers were ordered, and the Chair appointed as tellers Mr. The question was taken; and on a division (demanded by Mr. DE ARMOND and l\Ir. CRUMPACKER. CRUMPACKER) there were-ayes 36, noes 43. l\Ir. HARDY. Mr. Chairman, I would like to have the lan­ So the amendment was rejected. guage of the amendment read again. .Mr. DE ARl\IOND. Mr. Chairman, I offer the following The CHAIRl\IAN. Without objection, the Clerk will again amendment, which I send to the desk and ask to have read. read the amendment. The Clerk read as follows : There was no objection, and the Clerk read the amendment a Amend by inserting between the words "manufactures" and second time. " amount," line 24, page 6, the following: ".And what proportion of said materials is of domestic and what of The committee again divided; and the tellers reported that foreign production." there were 38 ayes and 50 noes. 1\1r. DE ARMO~TD. Is there any objection to that amendment, So the amendment was lost. I will ask the gentleman from Indiana? Mr. HITCHCOCK. Mr. Chairman, I offer the following Mr. CRUMPACKER. Yes. It is impossible to get such infor­ amendment. mation. The Clerk read as follows : Mr. DE ARMOND. Well, we might not be able to ascertain, Amend by adding to line 25, page 6, "quantity and value of products sold to the export trade." but it would not be impossible to inquire. We are providing now for inquiries ; we are not answering them. Mr. HITCHCOCK. Mr. Chairman, the purpose of this amend­ Mr. CRUMPACKER. That is true enough, but we ought to ment is to afford another means of ascertaining the figures and pursue inquiries where we can get facts. Where we could get volume of our export trade in home manufactures. I under­ guesses only, it would be of no value. stand that the present method by which the Secretary of the Mr. D:ID ARMOND. Mr. Chairman, the effect of·the amend­ Treasury gathers statistics showing the amount of our export ment, if adopted, would be to submit an inquiry to the manu­ trade is inaccurate, depending upon bills of lading or ship man­ facturer in connection with other inquiries as to the propor­ ·ifests gathered at the port of exportation. My idea in this tion of the materials used in his manufacture of foreign pro­ amendment is to require the census enumerators, when they gather their statistics from manufacturers, to include the quan­ duction and of domestic production. I can very well under­ stand that in some instances he could not answer, in other in­ tity and value of the manufac.turers' exports, and. state also stances his answer would be an approximation, in others he upon their schedules the quantity and value of their products could answer very easily and accurately. I can not see any which are sold to the foreign trade. objection to asking the manufacturer himself. If he would We are all interested in the development of our foreign trade, not answer, there would be no penalty on his saying so. If he and I believe that the statistics upon which we depend for in­ could answer, it would be an inquiry to answer. Now, the in­ formation as to this development are at the present time inac­ formation would be interesting, I think, and it might be valu­ curate. Just now, also, Mr. Chairman, the country has been a able, and in a good many lines I am satisfied it would be valu­ good deal agitated and a good d~l interested in the :evelatior~:s able; in a good many instances information would be elicited, concerning the details of the formgn trade under wh1ch Amen­ and it would throw a good deal of light upon a good many can products have been sold to foreign consumers at p1ices questions about which we legislate and about which the people lower than they have been sold to American consumers, and in talk and which engage their interest. Understand, we are on inveSti"'ating this fact it has been discovered that our statis­ a paragraph providing for inquiries to be submitted by enu­ tical ~formation is very defective. If we incorporate this merators; we are not fixing the penalty for failure to answer. amendment in the census law, it will not only harmonize with We are not determining in advance whether a question can be the other provisions of the law, but will afford an additional answered. In a great many instances this could; in some it check upon the defective information that the American people could not. The question is whether we will submit the inquiry must now depend upon for their knowledge of the export trade or whether we will not submit it. I can think of no good ob­ and of American manufactures. jection against submitting it. I can see no objection to the amendment, and it seems to be The CHAIRMAN. The question is on the amendment offered 1n line with the other provisions of the section. by the gentleman from Missouri. Mr. CRUMPACKER. .Mr. Chairman, there is no legitimate The question was taken; and on a division (demanded by purpose that can be served by the amendment, because it is a Mr. DE ARMOND) there were-ayes 36, noes 41. well-known fact that many of the manufacturers whose prod­ So the amendment was rejected. ucts may be exported do not themselves export the products. The Clerk read as follows : The information would be practically worthless. It would be of SEc. 9. That the Director of the Census shall, at least one year prior far less value than the statistics respecting exports that are to the date for commerrcing the enumeration at the Thirteenth and kept in the Treasury Department; and these enumerators who each succeeding decennial census, designate the number, whether one are to work only twenty or thirty days collecting information or more, of supervisors of census for each State and Territory, the Dis­ trict of Columbia, Alaska, the Hawaiian Islands, Porto Rico, Guam, would hardly be able to make an investigation that would be of , and the Panama Canal Zone, and shall define the districts within any value bearing directly upon commerce. The object of the which they are to act. The supervisors shall be appointed by the census is to ascertain the volume of production in manufac­ President, by and with the advice and consent of the Senate: Provided, That the whole number of supervisors shall not exceed 330 : A1H.I pro­ tures, the character of the products, whether the industry is vi4ea further, That so far as practicable and desirable the boundaries operated by a corporation, a joint stock company, or a partner­ of the supervisors' districts shall conform to the boundaries of the con­ ship the manner of its organization, officers, salaries, stocks, gressional districts: And provicled further, That if in any supervisor's distr·ict the supervisor has not been appointed and qualified ninety days and' such things that are purely statistical. I think it would preceding the date fixed for the commencement of the enumeration, or be a waste of time and money to make the investigation called if any vacancy shall occur thereafter, either through death, removal, or resi~ation of the supervisor, or from any other cause, the Director tor by this amendment. · of the census may appoint a temporary supervisor or detail an employee Mr. ffiTCHCOCK. I want to say, Mr. Chairman, in reply to of the Census Office to act as supervisor for that district. the chairman of the committee, the gentleman from Indiana Mr. CRUMPACKER. Mr. Chairman, I offer the following (Mr. CRUMPACKER], that as to the waste of time, that will be infinitesimal, hecause this amendment will require only the ad- amendment, which I send to the desk and ask to have it read. . dltion of one blank upon the schedules furnished to the manu­ The Clerk read as follows : Amend by striking out the words " Guam, Samoa, and the Panama facturer. As to the objection that the manufacturer is not able Canal Zone," in line 2, par.e 8, and inserting the word " and " between to -state. ' the quantity or proportion of his goods which a~e sold the words "isla.nds" and . 'Porto Rico," line 1, p!).ge 8~ 1908-. CONGRESSIONAL RECORD-HOUSE. .. 93

Mr. CRUMPACKER. I do this so that the section will con­ papers, referred to the Committee on the Judiciary and ordered form to section 1 of the bill as amended b-y the Committee- of to be printed. the Whole House. . The Clerk read as follows : The CIIAIR.MAN. The question is on the amendment offered To the Senate and Home at Represen:tative8: by the gentleman from Indiana. I transmit herewith th~ Second Annual Report of the Juvenile Court The question was taken, and the amendment was agreed to. of: the District of Columbia, with accompanying papers, for the consid­ eration o! the Congress. The Clerk read as follows: THEODORE ROOSEVELT. SEC. 10. That each supervisor of census shall be charged with the THE WmTE Hous.w, December 8, 19og. performance, within his own district, of the following duties : To con­ REPORT OF GOVERNOR OF PORTO RICO~ sult with the Director of the Census in regard to the division of his district into subdivisions most convenient for the purpose of the enu­ The SPEAKER also laid before the House the following meration, which subdivision.s or enumeration districts shall be defined message from the President, which was read and, with the ac­ and the boundaries thereof fixed by the Director of the Census ; to designate to the Director suitable persons, and, with his con~~t, to companying papers, referred to the Committee on Insular M­ employ such persons as enumerators, one or more for eaeh subdiVl.SIOn; fairs and ordered to be printed. to communicate to enumerators the necessary instructions. and direc-­ '.rhe Clerk read as follows : tions relating to their duties; to examine and scrutinize the returns of the enumerators, and in the event of discrepancies or deficiencies ap­ The Senate ana House of Representatives: pearing in any of the said returns to use all diligence in causing the I transmit herewith for the information of the Congress the annual same to be corrected or supplied ; to forward the completed returns oi report of the governor of Porto Rico for the fiseal year ending June 3.(}, the enumerators to the Director at such time and in such manner as 1308. shall be prescribed, and to make up and forward to the Director the THEODORE ROOSEVELT. accounts of each enumerator in his district for service rendered, which T.HE WHITE HousE, Decembe1· 9, 1908. accounts sh.all be duly certified to by the enumerator, and the same shall be certified as true and correct. if so found, by the supervis or, R. SANCHEZ. MONTALVO. and said accounts so certified shall be accepted and paid by the Di­ The SPEAKER also laid before the House the following mes­ reetor. The duties imposed upon the supervisor by this act shall be performed in any and all particula.rs :in accordance with the orders and sage from the President, which was read and~ with the accom­ instructions of the Director of the Census. panying papers, referred to the Committee on Insular Affairs Mr. KELIHER. Mr. Chairman, I offer the following amend­ and ordered to m> printed. ment, which I send to the desk and ask to have read. The Clerk read as follows : The Clerk read as follows : To the Senate ana Hottse of Representatives: In accordance with section 32 of an act of Congress entitled "An act Page 9, line 15, after th~ word "Director," insert: temporarily to pro.vide revenues and a civil government for Porto Rico, "Provided, That in the selection and appointment of enumerators and for other purposes," approved April 12, 1900, I transmit herewith preference shall be given in the various localities to persons serving as copy of a franchise granted by the executive council of Porto Rico substitute letter carriers and those upon the eligible lists for carriers November 5, 1908, entitled "An ordinance granting to R. Sanchez in the postal service." Montalvo, his heirs, successors, and assigns, the right to take and use 41 liters of water per second for industrial purposes from the brook Mr. KELIHER. Mr. Chairman, my purpose in offering that Juan Gonzalez, in the barrio of Pallejas, in the municipal district of amendment is to present to the directors or supervisors a com- Adjuntas." petent body of men from whom to. select these enumerators. THlil WmTE HousE, December , • THEODORE ROOSEVELT. We have in the postal service some 50,000 or 60,000 men who 9 1908 h.a.ve participated in eivil-service examinations and have gone TELEPHONE LINE BETWEEN. GUAYAMA AND AirROYO, P. R. 'upon the eligible lists for appointment as carriers. The SPEAKER also laid before the House the following roes- The nature of the examination they take is such as to bring sage from the President, which was read and, with the accom­ to the service a competent body of men, and I can see no reason I panying papers, referred to. the Committee on Insular Affairs ·why, with this vast list available, these men could not be and ordered to be printed. selected to perform this work. They are all, as I have said The Clerk read as follows: before, men who, have participated in and successfully passed a To the Senate and Hmse of Representatives: civil-service examination. They are available; there are enough In accordance with section 32 of an act of Congress entitled "An distributed throughout the country to supply, I believe, the de- act temporarily to provide :revenues and a civil government for Porto mands made for the takin!? of this census, and it seems to me Rico, and for other purposes," approved April 12• 1900, I .transmit ~ herewith copy of an ordinance granted by the executive council of a sensible solution of the problem to select these men to take Porto Rico, entitled "An ordinance repealing an ordinance entitled this census. 'An ordinance granting to "the municipality of Guayama the right to · ted ,construct a telephone line between Guayamn nnd Arroyo, and to The question was tak~en, and the amendm ent was reJec · ope.rate the same for public purposes.' enacted December 2, 1902." · The Clerk resumed and concluded the reading of the bill. TKEono.aE RoosEVELT. Mr. CRUMPACKER. l\1r. Chairman, I move that the com- ·THlil WHITE HotrsE, December 9, 19U8. mittee do now rise and report the bill, with the several amend- PERMIT TO INSULAR DOCK COMPANY. ments ll:greed to by the committee, to the House with the recom- 1 The SPEAKER also laid before the House the following men~hon that the amendments be ag1·eed to by the House and message from the President of the United Stat es, which, with the bills as amended be passed. the accompanying papers, was referred to the Committee on In- The motion was agreed to. sular Affairs and ordered to be printed: Accordingly the committee rose; and the Speaker having re- To the Senate ana House of Representatives: sumed the chair, Mr. FULLER, Chairman of the Committee of In accordanee with section 32 of an act of Congress entitled uAn the Whole House on the state of the Union, reported that that act temporarily to provide revenues and a civil government for Porto committee had had under consideration the bill (H. R. ~6954) Rico, and for other purposes," approved April 1~, 1900, and section 2 ...n ·de for the Thirteenth and subsequent decennial censuses of the joint resolution amending said act, approved May 1, 1900, I to Pro •..., transmit herewith copy of an ordinance granted by the executive and had directed him to report the bill to the House with council of Porto Rico, entitled "An ordinance granting a revocable sundry amendments, with the recommendation that the amffild- permit to the Insular Dock Company to connect its railway track on ·eed to and the bill as amended be passed. pier No. 2 with the track of the American Railroad Company lying ments be agi along the bulkhead of the harbor of San Juan." Mr. CRUMPACKER. 1\fr. Speaker, I move the previous ques- THEoDoRE RooSEVELT. tion on the bill and amendments to final passage. THE WHITE HouSE, December 9, 1908. The question was taken, and the motion was agreed to. SAN JUAN LIGHT A.l~D TRANSIT COMPANY. The SPEAKER. Is a separate vote demanded on any amend- The SPEAKER also laid before the House.the following mes- ment? If not, the vote will be taken on the amendments in sage from the President of the United States, which, with the gross. accompanying papers, was referred to the Committee on Insular The amendments were agreed to. Affairs and ordered to be printed: The bill as amended was ordered to be engrossed and read To the Senate and House of Representatives: the third time ; was read the third time. In accordance with section 32 of an act of Congress entitled "An Mr. CRUMPACKER. Mr. Speaker, I move to recommit the act temporarily to provide revenues and a civil government for Porto bill, and on that motion I d emand the previous question. Rico, and for other purposes," approved April 12, 1900, I transmit here­ with copy of an ordinance granted by the executive council of Porto The previous question w a s ordered. Rico, entitled "An ordinance granting the San Juan Light and Transit The question was taken on the recommitment of the bill, and Company a revocable permit or privilege to change the location of that the motion was rejected. part of its railroad extending from- the northeastern corner of the junction of Comercio and •.ranca streets to a point in San Justo street The question was taken upon the passage of the bill, and the north of its intersection with Recinto Sur street to a new location, as bill was passed. follows: Northerly along the most practicable route to Recinto Sur On motion of Mr. CRUMPACKER, a motion to reconsider the street and thence along said street to San .Justo street." THEODORE ROOSEVELT. vote by which the bill was passed was laid on the table. THE WHITE HOUSE, December 9, 1.908. REPORT OF JUVENILE COURT, DISTRICT OF COLUMBIA. ARTURO RODRIGUEZ. The SPEAKER laid before the House the following message The SPEAKER also laid before the House the following mes­ ·from the President, which was read and, with the accompanying sage from the President of the United States, which, with the 94 CONGRESS! ON AL ~ RECORD-HOUSE. DECEMBER· 9, accompanying papers, was referred to the Committee on Insular ADJOURNMENT. Affairs and ordered to be printed : 1\fr. CRUMPACKER. Mr. Speaker, r' move that the House do To the Senate and House of Representatives: now adjourn. In accordance with section 32 of an act of Congress entitled "An act temporarily to provide revenues and a civil government for Porto Rico, The motion was agreed to. and for other purposes," approved April 12, 1900, and section 2 of the Accordingly (at 4 o'clock and 55 minutes p.m.) the House ad­ joint resolution amending said act, approved May 1, 1900, I transmit journed. herewith copy of an ordinance granted by the executive council of Porto Rico, entitled "An ordinance granting to Arturo Rodriguez the right to construct maintain, and operate a system for the manufacture, distri­ bution ~d sale of gas for light, heat, and power purposes, in the EXECUTIVE COl\fMUNICATIONS, ETC. municipality of San Juan." THEODORE ROOSEVELT. Under clause 2 of Rule XXIV, the following executive com­ munications were taken from the Speaker's table and referred THE WHITE HOUSE, December 9, 1908. as follows : · The SPEAKER also laid before the House the following A letter from the Librarian of Congress, transmitting a state­ message from the President of the United States, which, with ment of the travel of officers and employees dm'ing th.e fiscal the accompanying papers, was referred to the Committee on year ended June 30, 1908-to the Committee on Appropriations Insular Affairs and ordered to be printed : and ordered to be printed. To the Senate and House of Rept·esentativcs: A letter from the Librarian of Congress, transmitting the re­ In accordance with section 32 of an act of Congress entitled "An act temporarily to provide revenues and a civil government for Porto port of the Librarian and of the superintendent of the Library Rico, and for other purposes," approved April 12, 1900, and section 2 building and grounds for the fiscal year ended June 30, 1908- of the joint resolution amending said act, approved May 1, 1900, I to the Committee on the Library and ordered to be printed. transmit herewith copy of an ordinance entitled "An ordinance amend­ ing an ordinance entitled 'An ordinance granting to Arturo Rodriguez A letter from the Secretary of the Navy, transmitting recom­ the right to construct, maintain, and operate a system for the manu­ mendations as to repairs of certain vessels-to the Committee facture, distribution, and sale of gas for light, heat, and power pur­ on Naval Affairs and ordered to be printed. poses, in the municipality of San Juan.'" THEODORE ROOSEVELT. Annual report of the Secretary of the Treasm-y on the state THE WHITE HOUSE, December 9, 1908. of.the finances for the fisc:U year ended June 30, 1908-to the A. A. DAVID. Committee on Ways and Means and ordered to be printed. A letter from the Secretary of the Interior, transmitting a The SPEAKER also laid before the House the following statement as to trn-.;-el of officers and employees of his depart­ message from the President of the United States, which, with ment durip.g the fiscal year ended June 30, 1908-to the Com­ the accompanying papers, was referred to the Committee on mittee on Expenditures in the Interior Depa).·tment and ordered Insular Affairs and ordered to be printed: to be printed. To the Senate and House of Representatives: A letter from the Secretary of War, transmitting a detailed In accordance with section 32 of an act of Congress entitled "An act temporarily to provide revenues and a civil government for Porto statement of travel of officers and employees of his department Rico and for other purposes," approved April 12, 1900, I transmit for the fiscal year ended June 30, 1908-to the Committee on here~ith copy of an ordinance granted by the executive council of Expenditures in the War Department and ordered to be printed. Porto Rico entitled "An ordinance granting to A. A. David the right to build, maintain, and operate u public pier in the harbor of San A letter from the Secretary of the Navy, transmitting a report Juan, at Catano." as to power plants in navy-yards, their consolidation, etc.-to THEODORE ROOSEVELT. the Committee on Naval Affairs and ordered to be printed. THE WHITE HOUSE, December 9, 1908. A letter from the Secretary of Agriculture, transmitting a A. MONROIG E HIJOS, SUCESORES. statement as to the tra-.;-el of officers and employees of his de­ The SPEAKER also laid before the House the following partment during the fiscal year ended June 30, 1908-to thG message from the Pre:;;ident of the United States, which, with Committee on Expenditures in the Department of Agriculture the accompanying papers, was referred to the Committee on and ordered to be printed. Insular Affairs and ordered to be printed: A letter from the Secretary of Agriculture, transmitting a To the Senate and House of Representatives: detailed statement of the expenditures of the department for In accordance with section 32 of an act of Congress entitled "An act the fiscal year ended June 30, 1903-to the Committee on Ex­ temporarily to provide revenues and a civil government for Porto Rico, penditures in the Department of Agriculture and ordered to and for other purposes," approved April 12, 1!)00, I transmit herewith be printed. copy of an ordinance granted by the executive council of Porto Rico October 29 1908, entitled "An ordinance granting to A. Monroig e A letter from the Secretary of the Treasury, transmitting an Hijos Successors, the right to construct an iron bridge over the Baya­ abstract of the official emoluments of officers in the customs mon 'River, in the municipal district of Bayamon, barrio of Juan service received by them during the fiscal year ended June 30, Sancbez." THEODORE ROOSEVELT. 1908-to the Committee on Appropriations and ordered to be THE WHITE HOUSE, December 9, 1908. printed. - COMPAIDA. DE LOS FERROCARRILES DE PUERTO RICO. A letter from the Secretary of War, transmitting report of receipts and expenditm·es on account of appropriations for con­ The SPEAKER also laid before the House the following mes­ .tingent expenses of the War Department-to the Committee sage from the President of the United States; which, with the on Expenditures in the War Department and ordered to be accompanying papers, was referred to the Committee on Insular printed. . Affairs and ordered to be printed: A letter from the Secretary of War, transmitting, with a To the Senate and. House of Represe1~tati1:es: letter from the Chief of Ordnance, report as to the manufacture . In accordance with section 32 of an act of Congress entitled "An act temporarily to provide, revenues and a civ~l government for Por~o of arms, etc., fabricated at the arsenals at Springfield and Rock Rico and for other purposes," approved Apnl 12, 1900, I transmit Island-to the Committee on Expenditures in the War Depart­ herewith copy of an ordinance granted by the executive council of ment and ordered to be printed. Porto Rico November 5, 1908, entitled "An ordinance granting to the Compaiifa de los Ferrocarriles de Puerto Rico, its successors and as­ .A. letter from the Secretary of War, transmitting, with a signs, the right to take forty (40)_ liters of water per minute fro!ll ~he letter from the Chief of Engineers, report of examination and • Quebrada Ojo de Agua.,' near Rmcon, for the purpose of furmshmg survey of Isles of Shoals, Maine and New Hampshire-to the water for its locomotives." THEODORE ROOSEVELT. Committee on Rivers and Harbors and ordered to be printed. THE WHITE HOUSE, December 9, 1908. A letter · from the Secretary of War, transmitting, with a letter from the Chief of Engineers, report of examination and PABLO CALCERRADA.. survey of Hillsboro Bay, Florida-to the Committee on Rivers · The SPEAKER also laid before the House the following mes­ and Harbors and ordered to be printed. sage from the President of the United States, whi~h, with the A letter from the Secretary of War, transmitting, with a accomnanying papers, was referred to the Committee on In­ letter from the Chief of Engineers, report of examination and sular Affairs and .ordered to be printed : survey of Missouri Ri-.;-er from mouth to Sioux City, Iowa-to To the Senate and House of Representati~:es : the Committee on Rivers and Harbors and ordered to be In accordance with section 32 of an a~t. of Congress entitled "An .act printed. temporarily to provide revenues and a ci_vil government for Porto Rico, and for other puTposes," approved April 12, 1900, and sectiOn 2 of A letter from the Secretary of War, transmitting, with a the joint resolution amending said act, approved May 1, 1900, I ·trans­ letter from the Chief of Engineers, report of examination and mit herewith copy of an ordinance granted by the executive council of survey of San Francisco Harbor, California-to the Committee Porto Rico entitled "An ordinance grantin_g a revocab_le permit to Pablo Calcerrada; his heirs, executors, and assigns! the right to construct, on Rivers and Harbors and ordered to be printed. maintain, and operate a private telepJ;lone h?e to connec~ the . th~ee A letter from the Secretary of War, transmitting, with n letter plantations of Latorre, Bartolo, and M1rasol, m the municipal d1stnct from the Chief of Engineers, report of examination and survey of Lares." THEODORE ROOSEVELT. of Echo Bay, New York-to the Committee on Rivers and THlil WHITE HOUSE, Decembe·r 9, 1908. Harbors and ordered to be printed. .I

190ft CONGRESSIONAL RECORD-HOUSE.

A letter from th~ Secretary of War, transmitting, with a letter nean, master--to the Committee on Claims and ordered to be from the Chief of Engineers, repm.·t of examination and survey printed. of Camden Harbor, 1\Iaine---to the Committee on Rivers and A letter from the assistant clerk of the Court of Claim-s, Harbors and ordered to be printed. transmitting a copy of the conclusions of fact and law in the A letter from the Secretary of War, transmitting, with a letter French spoliation cases relating to the schooner Hope, Tarbox from the Chief of Engineers, report of examination and survey .1\Ioulton, master-to the Committee on Claims and ordered to of Puyallup River, Washington-to the Committee on "Rivers be printed. and Harbors and ordered to be printed. A letter from the assistant cJerk of the Court of Claims, A letter from the Secretary of War, transmitting, with a letter transmitting a copy of the conclusions of fact and law in the from the Chief of Engineers, report of examination and survey French spoliation cases relating to the scow Rover, Wilson of Jones River, Delaware-to the Committee on Rivers and Jacobs, master-to the Committee on Claims and ordered to Harbors and ordered to be printed. be printed. A letter from the Secretary of War, transmitting, with a let­ A letter from the assistant clerk of the Oourt of Claims, ter from the Chief of Engineers, report of examination of transmitting a copy of the conclusions of fact and law in the Chehalis River, Washington-to the Committee on Rivers and French spoliation cases relating to the schooner Swift, Joseph Harbors and ordered to be printed. McCammon, master-to th~ Committee on Claims and .ordered to A letter from the Secretary of War, transmitting, with a let­ be printed. ter from the Chief of Ordnanre} statements as to cost of mrrnu­ A letter from the assistant -clerk of the Court of Claims, facture of arms and other articles-to the Committee on Ex­ transmitting a copy of the conclusions of fact and law in the penditures in the War Department and ordered to be printed. French spoliation cases relating to the ship Oonunerce, John A letter from the assistant clerk of the Court of Claims, Jones, master-to the Committee on Claims and ordered to transmitting a copy of the findings :filed by the court in the be printed. case of Joseph Loudermilk against The United States-ro the A letter from the assistant clerk of the Court of C1ailns, trans· Committee on War Claims and ordered to be printed. mitting a copy of the conclusions of fact and law in the French A letter from the assistant clerk of the Court of Claims, spoliation cases relating to the ship Fame, John Rust, master---of transmitting a copy of the findings filed by the court in the case to the Oorumittee on Claims and ordered to be printed. of :Maria Lester, widow of Joe Lester, deceased, against The A lt>tte.r from the assistant clerk of the Court of Claims, trans­ Unitoo States-to the Committee on War Claims and ordered mitting a copy of the conclusions of faet and law in the French to be printed. spoliation cases relating to the ship Mercu-ry, Samuel Gilpat· A letter from the assistant clerk of the Court of Claims, trans­ rick, master-to the Committee on Claims and ordered to be mittl.ng a copy of the conclusions of fact and law in the French printed. spoliation cases relating to the brig Oa'roline Wilmans, Daniel A letter from the Secretary of War, transmitting, with a let­ Jones, master-to the Committee on Claims and ordered to be ter from the Chief of Engineers, report of examination and printed. survey of Coosa River and Borseleg Falls-to the Committee A letter from the assistant clerk of the Court of Claims, trans­ on Rivers and· Harbors n:nd ordered to be printed, with illustra­ mitting a copy of the conclusions of fact and law in the French tions. spoliation cases relating to the schooner Reliance, Joseph Chand­ A letter from the Secretary of War, transmitting, with a let­ ler, master-to the COmmittee on Claims and ordered to be ter from the Chief of Engineers report of examination and printed. survey of Wilmington Ra.rbor, California-to the Committee on A letter from the assistant clerk of the Court of Clajms, trans­ Rivers and Harbors and ordered to be printed. mitting a copy of the conclusions of fact and law in the French A letter from the Secretary of War, transmitting, with a spoliation cases relating to the ship Kap Kapperer, Blow, mas­ letter from the Chief of Engineers, report of examination and ter; brig Young, Frederick Harder, master; ship Columbia For­ survey of Indiana Harbor, Indiana-to the Committee on Riv· tuna, Pavorick, master; snow IN,n, Marlven, Jorgenson, master­ ers and Harbors and ordered to be printed. to the Committee on Claims and ordered to be printed. A letter from the Secretary of War, transmitting, with a A letter from the assistant clerk of the Court of Claims, trans­ letter from the Chief of Engineers, report of e.'\::amina tion and mitting a copy of the conclusions of fact and Jaw in the French sur\ey of Gloucester Harbor, Massaehusetts-to the COmmittee spoliation cases relating to the sloop Sally, William Smith, mas­ on Rivers and Harbors and ordered to b~ printed. ter-to the Committee on Claims and ordered to be printed. A letter from the Secretary of War, transmitting, with a A letter from the assistant clerk of the Court of Claims, letter from the Chief of Engineers, report of examination of transmitting a copy of the conclusions of fact and law in the St. Johns River, Florida, from Jacksonville to Lake Harney, • French spoliation cases relating to the brig Atalanta, Stephen and survey from Palath.'il to Lake Harney-to the Committee Griffiths, master-to the Committee on Claims and ordered to on Rivers and Harbors and ordered to be printed. be printed. A letter from the Secretary of War, transmitting, with a A letter from the assistant clerk of the Court of Claims, letter from the Chief of Engineers, report of examination and transmitting a ench spoliation cases relating to the schooner Betsey, James Rivers and Harbors and ordered to be printed. Peterson, master-to the Committee on Claims and ordered to A letter 'from the Secretary of War, transmitting, with a let· be printed. ter from the Chief of Engin~ers, report of examination of Lake .A. letter from the assistant clerk {)f the Court of Claims, Champlain and survey of St. Albans Harbor-to the Committee transmitting a copy Qf the conclusions of fact and law in the on Rivers and Harbors and ordered to be printed. A letter from the Secretary of War, transmitting, with a let­ French spoliation cases relating to the brig Little Saml~ John . Russell, master-to the Committee on Claims and ordered to ter from the Chief of Engineers, report of examination and sur­ be printed. -vey of Snohomish River, Washington-to the Committee on Rivers and Harbors and ordered to be printed. A letter from the assistant clerk of the Cow:t of Claims, A letter from the Secr~tary of War, transmitting, with a let­ transmitting a copy of the conclusions of fact and law in the ter from the Chief of Engineers, report of examination and sur­ French spoliation cases relating to the brig Ariel, John Griffith, vey of Sacramento River, Californilt-to the Committee on :maste1·-to the Committee {)n Claims and ordered to be printed. Rivers and Harbors and ordered to be printed with illustrations. A letter from the ussistant clerk of th~ Court of Claims, trans­ mitting a copy of the conclusions of fact and law in the French A letter from the Secretary of War, transmitting, with a let­ spoliation cases relating to the schooner Atlantic, Ebenezer ter from the Chief of Engineers, report of examination and -sur­ Stanton} master-to the Committee 'On Claims and ordered to be vey of San Joaquin River and Stockton Channel, California­ to the Committee on Rivers and Harbors and ordered to be printed. printed With illustrations. A letter from the assistant clerk of the Conrt Qf Claims, trans­ A letter from the assistant clerk of the Court of Claims, trans­ mitting a copy of the conclusions of fact and law in the French mitting a copy of the conclusions of fact and law in the French spoliation cases relating to the schooner Roebuck, Simon Kins­ spoliation cases relating to th~ brig Nept'l.lne, Seth Burnham, man, master-to the Committee on Claims and ordered to be printed. · master-to the Committee on Claims and Ol'dered to be printed. A letter from the assistant clerk of the Court of Claims, trans­ mitting a copy of the conclusions of fact and law in the Fren-ch PUBLIC BILLS, RESOLUTIONS. AND MEMORIALS. spoliation cases relating to the ship Antelope, B. Hillar, mas­ Under- clause 8 of Rule XXII, bills, resolutions, and memo­ ter-to the 'Committee on Claims and ordered to be printed. rials of the following titles were introduced and severally ·re­ A letter from the assistant clerk of the Court of Claims, trans­ ferred n.s :follows : mitting a copy ·of the conclusions .of fact and law in the French By Mr. WILEY: A bill (H. R. 23237) to prevent the United spoliation -cases relating to the "SChoon~ Unifflt Samuel Caz- States from issuing a license or legal permit to any .,person to 96 CONGRESSIONAL RECORD-- HOUSE. DECEMBER 9,

sell spirituous, vinous, or malt liquors, or other intoxicating By l\Ir. ASHBROOK: A bill (H. -R. 23257) granting an in­ beyerages in any State, county, city, town, or community where crease of pension to Zenis Lanham-to· the Committee on 'In­ the sale thereof is prohibited by state or local laws-to the valid Pensions. Committee on Ways and Means. ' By Mr. BARTHOLDT: A bill (H. R. ~3258) granting an in· By Mr. HULL of Iowa: A bill (H. n.. 23238) authorizing the crease of pension to Margaret l\IcLellan-to the Committee o:1 survey of the Des Moines River, and for other purposes-to the Pensions. Committee on Rivers and Harbors. Also, a bill (H. R. 23259) granting an increase of pension to By Mr. TOU VELLE: A bill (H. R. 23239) making appro­ Annie D. Page-to the Committee on Invalid Pensions. priation for the construction and equipment of a Weather Bureau Also, a bill (H. R. 23260) granting a pension to Johanna observatory at Lima, Ohio-to the Committee on Agriculture. Dehn-to the Committee on In-mlid Pensions. By 1\Ir. SMITH of Michigan: A bill (H. R. 23240) to amend Also, a _bill (H. R. 23261) granting a pension to Frank Beehrd, an act entitled "An act to establish a Code of Law for the Dis­ alias Franz Baehrer-to the Committee on Invalid Pensions. trict of Columbia," approved March 3, 1901-to the Committee Also, a bill (H. R. 23262) granting a pension to Eliza Doer­ on the District of Columbia. ner-to the Committee on In-valid Pensions. By Mr. SHEPPARD: A bill (H. R. 23241) to enable the Sec­ Also, a bill (H. R. 23263) granting a pension to Conrad Opper­ . retary of Agriculture to conduct experiments to determine the mann-to the Committee on Invalid Pensions. practicability of making paper material out of cotton stalks-­ Also, a bill (:H. R. 23264) granting a pension to Ida Daven­ to the Committee on Agriculture. port-to the Committee on Invalid Pensions. By Mr. ACHESON: A bill (H. ·u. 23242) authorizing the Also, a bill (H. R. 23265) granting a pension to Bernhard President to classify the assistant postmasters-to the Commit­ Springer-to the Committee on Invalid Pensions. tee on Reform in the Civil Service. Also, a bill (H. R. 23266) granting a pension to William By Mr. FOWLER: A bill (H. R. 23243) to ~provide for maxi­ Kern-to the Committee on Invalid Pensions. mum and minimum tariff schedules and to establish a commis­ Also, a bill (H. R. 23267) granting a pension to Henry sion which shall investigate all duties on imports and fix the Franck-to the Committee on Invalid Pensions. rates, etc.-to the Committee on Ways and Means. Also, a bill (H. R. 23268) granting a pension to Franz By Mr. BOUTELL: A bill (H. R. 23244) to create in the War Schmidt-to the Committee on Invalid Pensions. and Navy departments, respectively, a roll to be known as the Also, a bill (H. R. 23269) to correct the military record of "civil-war officers' annuity honor roll; " to authorize placing Frank Clemens Arendes-to the Committee on Military Affairs. thereon with pay certain surviving officers who served in the Also, a bill (H. R. 23270) to correct the military record of Volunteer or Regular Army, Navy, or Marine Corps of the .John Kannapell, alias .John Kline-to the Committee ·on Mili­ United States in the civil war and who are not now on the re­ tary Affairs. tired list of the Regular Army, Navy, or Marine Corps, and for By Mr. BARTI.ETT· of Georgia: A bill (H. R. 23271) for other purposes-to the Committee on Military Affairs. the relief of the heirs and legal representatives of Mrs. E. Ann By Mr. HILL of Mississippi: A bill (H. R. 23245) to provide Lowry-to the Committee on War Claims. for the purchase of a site and the erection of a public building By Mr. BATES: A bill (H. R. 23272) granting an increase of thereon at Grenada, in the State of Mississippi-to the Commit­ pension to William Henry Wright-to the Committee on In- tee on Public Buildings and Grounds. valid Pensions. · Also, a bill (H. R. 23246) to provide for the purchase of a By Mr. BRADLEY: A bill (H. R. 23273) granting an in­ site and the erection of a public building thereon at Winona, in crease of pension to Alvy A. Courtright-to the Committee on the State of Mississippi-to the Committee on Public Buildings Invalid Pensions. and Grounds. Also, a bill (H. R. 23274) granting an increase of pension to By Mr. MONDELL: A bill (H. R. 23247) construing the pro­ William R. ~.<\.ckerJy-to the Committee on Invalid Pensions. visions of sections 2291 and 2292 of the Revised Statutes of the Also, a bill (H. R. 23275) granting an increase of pension to United States, relating to the rights of minor children-to the Sarah F. Cox-to the Committee on Invalid Pensions. Committee on the Public Lands. By Mr. BROWNLOW: A bill (H. R. 23276) granting a pen­ By Mr. GILLESPIE: A bill (H. R. 23248) for the erection of sion to John Collins-to the Committee on Inv-alid Pensions. a federal building for the post-office at Weatherford, Tex.-to Also, a bill (H. R. 23277) granting an increase of pension to the Committee on Public Buildings and Grounds. L. W. Depew-to the Committee on Invalid Pensions. By Mr. BRODHEAD~ A bill (H. R. 23249) to authorize the Also, a bill (H. R. 23278) granting an increase of pension to Delaware, Lackawanna and Western Railroad Company and William D. Williams-to the Committee on Invalid Pensions. the Lackawanna Railroad Company of New .Jersey to construct Also, a bill (H. R. 23279) granting an increase of pension to a bridge across the Delaware River from a point near the village Samuel F. Dyer-to the Committee on Invalid Pensions. of Columbia, in Knowlton Township, Warren County, N. J., to By l\Ir. BRUMM: A bill (H. R. 23280) granting an increase the village of Slateford, Northampton County, Pa.-to the Com­ of pension to Henry Hill-to the Committee on Invalid Pensions. mittee on Interstate and Foreign Commerce. Also, a bill (H. R. 23281) granting an increase of pension to By Mr. BENNET of New York_ (by request) : A bill (H. R. Irving W. Tyson-to the Committee on Invalid Pensions. 23250) to protect trade and commerce against unlawful re­ Also, a bill (H. R. 23282) granting an increase of rension to straint and monopolies-to the Committee on the Judiciary. James D. Bartholemew-to the Committee on Invalid Pensions. By Mr. BATES: A bill (H. R. 23251) to increase and fix the Also, a bill (H. R. 23283) granting an increase of pension to pay of petty officers and enlisted men of the United States William H. Heller-to the Committee on Invalid Pensions. Navy-to the Committee on Naval Affairs. By Mr. CALDER: A bill (H. R. 23284) granting an increase By Mr. KALANIANAOLE: A bill (H. R. 23252) to amend of pension to John Parker Hale-to the Committee on Invalid sections 5, 26, 52, 55, 73, 80, 84, 91, 92, 97, and 100, and to repeal Pensions. section 79 of an act entitled "An act to provide a government By Mr. CALDERHEAD: A bill (H. R. 23285) granting an for the Territory of Hawaii," approved April 13, 1900-to the increase of pension to James Cafferty-to the Committee on Committee on the '.rerritories. Invalid Pensions. By Mr. 1\fcCAI.. L: A bill (H. R. 23463) increasing the pen­ Also, a bill (H. R. 23286) granting an increase of pension to sions of army nurses-to the Committee on Invalid Pensions. John T. Miller-to the Committee on Invalid Pensions. By Mr. WILSON of Illinois: Resolution (H. Res. 448) for By Mr. COLE: A bill (H. R. 23287) granting an increase of the appointment of an a-ssistant clerk to Committee on Enrolled pension to Loammie Farmer-to the Committee on Invalid Bills--to the Committee on Accounts. Pensions. By Mr. CONNER: A bill (H. R. 23288) granting an increase PRIVATE BILLS AND RESOLUTIONS. of pension to John C. Thompson-to the Committee on Invalid Under clause 1 of Rule XXII, private bills and resolutions of Pensions. . the following titles were introduced and severally referred as Also, a bill (H. R. 23289) granting an increase of pension to follows : John Lechleiter-to the Committee on Invalid Pensions. By Mr. ACHESON: A bill (H. R. 23253) granting an increase By Mr. COOK of Pennsylvania: A bill (H. R. 23290) grant­ of pension to John Pattison-to the COmmittee on Invalid Pen­ ing an increase of pension to Amanda A. Hanly-to the Com- sions. mittee on Invalid Pensions. · Also, a bill (H. R. 23254) granting a pension to Sarah Bush­ By Mr. COX of Indiana: A bill (H. R. 23291) granting an in­ to the Committee on Invalid Pensions. crease of pension to John M. Redus--to the Committee on In­ Also, a ·bill (H. R. 23255) to correct the military record of valid Pensions. John 1\Iorton-t.J) the Committee on Military Affairs. By Mr. CRUMPACKER: A bill (H. R. 23292) granting a B-v l\fr. ALLEN: A bill (H. R. 23256) granting an increase pension to Hoyt Hayden-to the Committee on Invalid Pensions. of pension to Thomas E. Jacobs-to the Committee on Invalid Also, a bill (H. R. 23293) granting an increase of pension to Pensions. Andrew J. Clark-to the Committee on Invalid Pensions. 1908. CONGRES.SION AL RECORD-HOUSE. 97·

Also, a bill (H. R. 23294) granting an increase of pension to By Mr. FOSTER of Vermont: .A bill (H. R. 23335) granting Josiah Castleman-to the Committee on Invalid Pensions. an increase of pension to Edwin l\:!. Haynes-to the Committee Also, a !Jill (H. R. 23295) granting an increase of pension to on Invalid Pensions. Francis M. Davis-to the Committee on Im·alid Pensions. By l\fr. FULLER: A bill (H. R. 23336) granting an increase Also, a bill (H. R. 23296) granting an increase of pension to of pension to Harmon Colvin-to the Committee on Invalid Pen­ Philip Snyder-to the Committee on Invalid Pensions. sions. Also, a bill (H. R. 23297) granting an increase of pension to Also, a bill (H. R. 23337) granting an increase of pension to Joseph J. Delebaugh-to the-Committee on Im·alid Pensions. Charles Burton-to the Committee on Invalid Pensions. Also, a bill (H. R. 23298) granting an increase of pension to By Mr. GRONNA: A bill (H. R. 23338) for the relief o:t Ole George Ranee-to the Committee on Invalid Pensions. Serumgard-to the Committee on Claims. Also, a bill (H. R. 23299) granting an increase of pension to Also, a biH (H. R. 23339) granting an increase of pension to J ames Wilcoxen- to the ·committ-ee on Im·alid Pensions. George W. Snyder-to the Committee on Invalid Pensions. Also, a bill (H. R. 23300) granting an increase of pension to Also, a bill (H. R. 23340) granting an increase of pension to Peter Hastings-to the Committee on Invalid Pensions. James Flanagan-to the Committee on Invalid Pensions. ALso, a bill (H. R. 23301) granting an increase of pension to By l\fr. GUERNSEY: A bill (H. R. 23341) granting an in­ Madison Obenchain-to the Committee on Invalid Pensions. crease of pension to Stephen Pullen-to the Committee on In­ Also, a bill (H. R. 23302) granting an increase of pension to valid Pensions. Jesse Dickens-to the Committee on Im·alid Pensions. Also, a !Jill (H. R. 23342) granting an increase of pension to Also, a bill (H. n. 23303) granting an incre::~se of pension to John Conrey-to the Committee on Invalid Pensions. Jacob F. Kull-to the Committee on Invalid Pensions. Also, a bill (H. n.. 23343) granting an increase of pension to By 1\lr. DE ARMOND: A bill (H. R. 23304) granting a pen­ Andrew S. R::unsdell-to the Committee on Invalid Pensions. sion to Da\is Woody-to the Committee on Invalid Pensions. Also, a bill (H. R. 23344) granting an increase of pension to ,Also, a bill (H. R. 23305) granting an increase of pension to Isaac J. Marble-to the Committee on Invalid Pensions. Marcus D. Warner-to the Committee on Invalid Pensions. Also, a bill (H. R. 23345) granting an increase of pension to Also, a bill (H. R. 23306) granting an increase of pension to Edward l\1. Smith-to the Committee on Invalid Pensions. Mary Dickerson-to the Committee on In-valid Pensions. Also, a bill (H. R. 23346) granting a pension to Clara A. War­ Also, a bill (H. R. 23307) granting an increase of pension to ren-to the Committee on Invalid Pensions. Thomas J. Kirtley-to the Committee on Invalid Pensions. By Mr. HARDING: A bill (H. R. 23347) granting a pension By Mr. DRAPER: .A bill (H. R. 23308) granting a pension to Daniel Peyton-to the Committee on Pensions. to Oliva Wiser-to the Committee on Invalid Pensions. Also, a bill (H. R. 23348) granting a pension to Charles II. . By Mr. DUREY: A bill (H. R. 23309) granting a pension to Jennings-to the Comillfttee on Pensions. · Corinne E. Call-to the Committee on Invalid Pensions .. Also, a bill (H. R. 23349) granting an increase of pension to By Mr. EDWARDS of Kentucky: A bill (H. R. 23310) grant­ Charles .A. Price-to the Committee on Invalid Pensions. ing an increase of pension to Milton G. Harbin-to the Com­ Also, a bill (H. R. 23350) granting an increase of pension to mittee on Invalid Pensions. Cyrus D. l\1cCaskey-to the Committee on Invalid Pensions. · Also, a bill (H. R. 23311) granting an increase of pension to By Mr. R.I\.SKINS: A bill (H. R. 23351) for the relief of the James Banks-to the Committee on Invalid Pensions. owners of the Mexican steamship Taba-squeno-to the Commit­ · Also, a bill (H. R. 23312) granting an increase of pension to tee on W{lr Claims. Thomas G. Hendricks-to the Committee on Invalid Pensions. By .Mr. HOWELL of New Jersey: .A bill (H. R: 23352) grant­ Also, a bill (H. R. 23313) granting an increase of pension to ing an increase of pension to John l\1. Wood-to the Committee Harrison Griffis-to the Committee on Invalid Pensions. on Invalid Pensions. Also, a bill (H. R. 23314) granting an increase of pension to James .A. Jones-to the Committee on Invalid Pensions. By Mr. JENKINS: A bill (H. R. 23353) granting an increase of pension to David Turket-to the Committee on Invalid Pen­ Also, a bill (H. R. 23315) granting an increase of pension to sions. Sherrod W. Barnett-to th~ Committee on In\a.lid Pensions. Also, a bill (H. R. 23316) granting an increase of pension to By Mr. KELIHER: .A bill (H. R. 23354)' granting an in­ J.ackson Crawford-to the Committee on Invalid Pensions. crease of pension to John C. Beap.-to the Committee on Invalid .Also, a bill (H. R. 23317) graritin'g an increuse of pension to Pensions. Milford M. Britton-to the Committee on Invalid Pensions. Also, a bill (H. R. 23355) granting an increase of pension to . .Also, a bill (H. R 23318) granting an increase of pension to William J . .Manning-to the Committee on Invalid Pensions. Milton Perdue-to the Committee on Invalid Pensions. Also, a bill (H. R. 23356) gi·anting a pension to .Anna R. B. .Also, a bill (H. R. 23319) granting an increase ef pension to Sommer-to the Committee on Invalid Pensions. William Cross-to the Committee on Invalid Pensions. Also, a bill (H. R. 23357) granting a pension to Ellen .M. Also, a bill (H. R. 23320) granting a pension to .Albert Wer- Brennan-to the Committee on Invalid Pensions. 11er--to the Committee on Pensions. Also, a bill (H. R. 23358) granting a pension to Harry l\Ieno­ Also, a bill (H. R. 23321) graBting a pension to William Jack­ vitz-to .the Committee on Invalid Pensions. son-to the Committee on Pensions. Also, a bill (H. R. 23359) granting a pension to Annie T. .Also, a bill (H. R. 23322) granting a pension to William McLaughlin-to the Committee on Invalid Pensions. Pace-to the Committee on Pensions. By Mr. KIPP: .A bill (H. It. 23360) for the relief of Loron By Mr. ELLIS of l\Iissouri: A bill (H. R. 23323) for the W. Forrest-to the Committee on Military Affairs. relief of John H. Hickey-to the Committee on War Claims. By l\1r. LANING: A bill (H. R. 23361) granting an increase .Also, a bill (H. R. 23324.) granting a pension to William V. of pension to Llewellyn W." French-to the Committee on In­ Malenburg-to the Committee on Invalid Pensions. valld Pensions. By Mr. ENGLEBRIGHT: A bill (H. R. 23325) granting an Also, a bill (H. R. 23362) granting pensions to Angeline Fissel increase of pension to Jacob W. Gardner-to the Committee on and Nancy Fissel-to the Committee on Invalid Pensions. Invalid Pensions. Also, a bill (H. R. 23363) granting a 11ension to Harrison By Mr. F..A.IRCIDLD: .A bill (H. R. 23326) granting an in­ Wagner-to the Committee on Invalid Pensions. crease of pension to Charles D. Bidwell-to the Committee on By Mr. LAWRENCE: A bill (H. R. 23364) granting an in­ Invalid Pensions. crease of pension to William Dodd-to the Committee on In­ Also, a bill (H. R. 2332'7) granting an increase of pension to valid Pensions. Daniel S. Roe-to the Committee on Invalid Pensions. .Also, a bill (H. R. 23365) granting an increase of pension Also, a bill (H. R. 23328) granting an increase of pension to to Frederic .A. Hayes-to the Committee on Invalid Pensions. Niram D. Sco:field-to the Committee on Invalid Pensions. Also, a bill (H. R. 23366) granting an increase of pension to .Also, a bill (H. R. 23329) granting an increase of pension to .Adelbert Deland-to the Committee on Invalid Pensions. Man:field Scott-to the Committee on Invalid Pensions. Also, a bill (H. R. 23367) granting an increase of pension to · Also, a bill (H. R. 23330) granting an increase of pension to John II. Mattoon-to the Committee on Invalid Pensions. John W. Scott-to the Committee on Invalid Pensions. Also, a bill (H. R. 23368) granting an increase of pension to Also, a bill (H. R. 23331) granting an increase of pension to Riualdine Fuller-to the Committee on Invalid Pensions. Erasmus L. Donaldson-to the Committee on Invalid Pensions. Also, a bill (H. R. 23369) granting an increase of pension to Also, a bill (H. R. 23332) grunting an increase of pension to Charles Pomeroy-to the Committee on Invalid Pensions. Harry Puffer-to the Committee on Invalid Pensions. Also, a bill (H. R. 23370) granting a pension to Johanna Also, a bill (H. R .. 23333) granting an increase of pension to IInucock-to the Committee on Invalid Pensions. Jacob Beryan-to the Committee on Invalid Pensions. · By 1\fr. 'LONGWORTH: A bill (H. R. 23371) granting an · By Mr. FLOYD: A bill (H. R. 23334) granting an increase of increase of pension to Christian Spresser-to the Committee pension to John Cavin-to the Committee on Invalid Pensions. on Invalid Pensions. XJ.. III--7 98 CONGRESSIONAL RECORD-HOUSE. : DECE~1BER 9'

By Mr. LOUD: A bill (H. R. 23372) to remove the charge Also, a bill (H. R. 23408) for the relief of John A. Ganley­ of desertion from the record of Joseph Neveux-to the Com­ to the Committee on Claims. mittee on Military Affairs. Also, a bill (H. R. 23409) for the relief of Robert J. Faulk­ Also, a bill (H. R. 23373) granting a pension to Cephas C. ner-to the Committee on Military Affairs. Miller-to the Committee on Invalid Pensions. By 1\lr. RHINOCK: A bill (H. R. 23410) granting an inc1·ease Also, a bill (H. R. 23374) granting a pension to Abraham of pension to James Davis-to the Committee on Invalid .1\loggo--to the Committee on Invalid Pensions. Pensions. · By 1\Ir. McKINLEY of Illinois: A bill (H. R. 23375) granting Also, a bill (H. R. 23411) granting an increase of pension to an increase of pension to Francis 1\1. Leeds-to the Committee Simon Schmitt-to the Committee on Invalid Pensions. on Invalid Pensions. By 1\Ir. ROTHERMEL: A bill (H. R. 23412) granting an in­ Also, a bill (H. R 23376) granting an increase of pension to crease of pension to Samuel Uplinger-:to the Committee on In­ Samuel Zarley-to the Committee on Invalid Pensions. \alid Pensions. Also, a bill (H. R. 23377) granting an increase of pension to Also, a bill (H. R. 23413) granting an increase of pension to Henry A. Butcher-to the Committee on Invalid Pensions. Daniel A. Geiger-to the Committee on Invalid Pensions. Also, a bill (H. R. 23378) granting an increase of pension to Also, a bill (H. R. 23414) granting an increase of pension to Laban A. Timmons-to the Committee on Invalid Pensions. Charles E. Miller-to the Committee on Invalid Pensions. Also, a bill (H. R. 23379) granting a pension to Ruthey J. Also, a bill (H. R. 23415) granting an increase of pension to Robinson-to the Committee on Invalid Pensions. Daniel Knauss-to the Committee on Invalid Pensions. Also, a bill (H. n. 23380) to correct the military record of Also, a bill (H. R. 23416) granting an increase of pension to A. C. Burk-to the Committee on Military Affairs. George S. Engler-to the Committee on In\alid Pensions. By Mr. McMORRAN: A bill (H. R. 23381) granting a pen­ Also, a bill (H. R. 23417) granting a pension to Emma C. sion to Mary A. Enright-to the Committee on Pensions. Young-to the Committee on Invalid Pensions. By 1\Ir. MADISON: A bill (H. R. 23382) granting an in­ Also, a bill (H. R. 23418) granting a pension to Albert crease of pension to James M. Grover-to the Committee on Simon-to the Committee on Invalid Pensions. InYalid Pensions. Also, a bill (H. n. 23419) granting a pension to Melara C. Also, a bill (H. R. 23383) granting an increase of pension to Abbott-to the Committee on Invalid Pensions. John J. Garr-to the Committee on Invalid Pensions. By Mr. RUSSELL of Missouri: A bill (H. R. 23420) for the By Mr. MO:l\J)ELL: A bill (H. R. 23384) for the relief of relief of the heirs of Joseph Hemmerback, deceased-to the Robert Foote-to the Committee on Claims. Committee on War Claims. Also, a bill (H. R. 23385) granting an increase of pension to By Mr. SMITH of Michigan: A bill (H. R. 23421) granting a Benjamin D. Chase-to the Committee on Invalid Pensions. pension to Edwin W. Parker-to the Committee on Invalid Pen­ Also, a bill (H. R. 23386) to authorize the issuance of a pat­ sions. ent to Fred C. and C. Helen Fisher for land located in the By Mr. SPERRY: A bill (H. R. 23422} granting a pension to county of Fremont, State of Wyoming-to the Committee on Helen A. White-to the Committee on Invalid Pensions. Private Land Claims. Also, a bill (H. R. 23423) granting a pension to Charlotte B. By 1\fr. MANN: A bill (H. R. 23387) granting an increase of W. Brown-to the Committee on Invalid Pensions. pension to William Lindsey-to the Committee on Invalid Pen­ By Mr. TOU YELLE: A bill (H. R. 23424) granting an in­ sions. crease of pension to Charles W. Thomas-to the Committee on By Mr. MAYNARD: A bill (H. R. 23388) granting an in­ Invalid Pensions. crease of pension to William T. Roseberry-to the Committee on By Mr. WASHBURN: A bill (H. R. 23425) granting an in­ Invalid Pensions. crease of pension to John J. Upham, jr.-to the Committee on By Mr. MOON of Pennsylvania: A bill (H. R. 2.3389) grant­ Invalid Pensions. ing a pension to Mary Ann Connell-to the Committee on Invalid Also, a bill (H. R. 23426) granting an increase of pension to Pensions. Hannah L. Holman-to the Committee on Invalid Pensions. By Mr. LOUDENSLAGER: A bill (H. R. 23390) granting an Also, a bill (H. R. 23427) granting a pension to Bridget increase of pension to Sheppard F. Stewart-to the Committee Adams-to the Committee on Invalid Pensions. on Invalid Pensions. By Mr. WILSON of Pennsylvania: A bill (H. R. 23428) Also, a bill (H. R. 23391) granting an increase of pension to granting an increase of pension to Cassius C. Warren-to the George S. Connor-to the Committee on Invalid Pensions. Committee on Invalid Pensions. Also, a bill (H. R. 233D2) granting an increase. of pension to Also, a bill (H. R. 23429) granting an increase of pension to Mary B. Shinn-to the Committee on Invalid Pensions. John T. Venatta-to the Committee on Invalid Pensions. By Mr. PEARRE: A bill (H. R. 23393) granting an increase Also, a bill (H. R. 23430) granting an increase of pension to of pension to John L. Husband-to the Committee on Invalid Thomas Metzgar-to the Committee on Invalid Pensions. Pensions. Also, a bill (H. R. 23431) granting an increase of pension to Also, a bill ca. R. 233D4) granting an increase of pension to William Willoughby-to the Committee on Invalid Pen~ions. John w. Ingram-to the Committee on Invalid Pensions. Also, a bill (H. R. 23432) granting an increase of pension to Also, a bill (H. R. 23395) granting an increase of pension to George S. Smith-to the Committee on Invalid Pensions. Daniel Hewitt-to the Committee on Invalid Pensions. Also, a bill (H. R. 23433) granting an increase of pension to Also, a bill (H. R. 23396) granting an increase of pension to John W. Hall-to the Committee on Invalid Pensions. John T. Harrison-to the Committee on Invalid Pensions. Also, a bill (H. R. 23434) granting an increase of pension to Also, a bill (IT. R. 23397) granting an increase of pension to William L. Poust-to the Committee on In\alid Pensions. Christopher Sisk-to the Committee on Invalid Pensions. Also, a bill (H. R. 23435) granting an increase of pension to . Also, a bill (H. R. 23398) granting an increase of pension to Hiram L. Yoder-to the Committee on Invalid Pensions. Joseph R. Montgomery-to the Committee on Invalid Pensions. Also, a bill (H. R. 23436) granting an increase of pension to Also, a bill (H. R. 23399) granting a pension to William P. Dennis McGinnis-to the Committee on In·mlid Pensions. Reivers-to the Committee on Invalid Pensions. Also, a bill (H. R. 23437) granting an· increase of pension to Also, a bill (H. R. 23400) granting a pension to Jacob H. John A. Brimmer-to the Committee on Invalid Pensions. Mose-to the Committee on Invalid Pensions. Also, a bill (H. R. 23438) granting a pension to Chauncey G. Also, a bill (H. R. 23401) granting a pension to Charles E. Tripp-to the Committee on Invalid Pensions. Welker-to the Committee on Invalid Pensions. Also, a bill (H. R. 23439) granting a pension to Katie EJ. Also, a bill (H. R. 23402) for the relief of the trustees of the Shaeffer-to the Committee on Invalid Pensions. Ebenezer African Methodist Episcopal Church, of Hagerstown, By Mr. ALLEN: A bill (H. R. 23440) granting an increase Md.-to the Committee on War Claims. of pension to Alvin E. Gilbert-to the Committee on Invalid Also, a bill (H. R. 23403) for the relief of the trustees of the Pensions. 'Quinn African Methodist Episcopal Church, of Frederick, :Md.­ By Mr. CHAPMAN: A bill (H. R. 23441) granting a pen­ to the Committee on War Claims. sion to George W. Burton-to the Committee on Invalid Pen­ By Mr. PETERS: A bill (H. R. 23404) granting an increase sions. of pension to :Mary Gorman-to the Committee on Invalid Also, a bill (H. R. 23442) granting an increase of pension to Pensions. 'Villiam L. Greer-to the Committee on Invalid Pensions. Also, a bill (H. R. 23405) granting an increase of pension to By l\Ir. CLARK of Missouri: A bill (H. R. 23443) granting Hugh l\fcParland-to the Committee on Invalid Pensions. an increase of pension to John 1\I. Wright-to the Committee on Also, a bill (II. R. 23406) granting an increase of_pension to Pensions. Levi Ba1·ker-to the Committee on Invalid Pensions. By Mr. DAWSON : A bill (H. R. 23444) granting an increase Also, a bill (H. R. 23407) for the relief of Charles T. Han­ of pension to William S. Peck-to the Committee on Invalid son-to the Committee on Claims. Pensions. 1908. CONGRESSIONAL RECORD- HOUSE. ·99

Also, a bill (H. R. 23445) granting an increase of pension to By Mr. DALZELL: Petition of sundry petitioners, for law Henry J. Flint-to the Committee on Invalid Pensions. to pension members of United States Telegraphers' Union in Also, a bill (H. n. 23446) granting an increase of pension to civil war-to the Committee on Invalid Pensions. James W. 1\IcEiravv-to the Committee on Invalid Pensions. By .Mr. EDWARDS of Kentucky: Papers to accompany bills Also, a bill (H. h. 23447) granting a pension to Melinda A. for relief of William Cross, Milford M. Britton, Sherrod W. 1\Icl\fackin-to the Committee on Invalid Pen~ions. Barnett, William Pace, and .Jackson Crawford-to the Commit­ By l\lr. HUFF: A bill (H. R. 23448) authorizing the Presi­ tee on Invalid P ensions. dent to reinstate William T. Rossen, jr., and Harry G. Weaver By Mr. FLOYD: Papers to accompany bills for relief of W. as cadets in the United States Military Academy-to the Com- F . Mitchell (H. R. 23049) and T. 1\f. Rea (H. R . 23048)-to the mittee on Military Affairs. . Committee on Claims. By Mr. HUGHES of West Virginia: A bill (H. R. 23449) Also, papers to accompany bills for relief of James H. Gifford granting an increase of pension to Samuel Gideon-to the Com­ (H. R. 23054), J ames C. Cooper (H. R. 23053), John H. Gray mittee on Invalid Pensions. (H. R. 23052), W. L. Reynolds (H. R. 23051), and James Huff By 1\Ir. HULL of Iowa: A bill (H. R. 23450) granting an in­ (H. R. 23050) - to the Committee on Invalid Pensions. crease of pension to Franklin M. Harrison-to the Committee By Mr. FOCHT: Papers to accompany bills for relief of Jacob on Invalid Pensions. S. Shaffer (H. R. 23060), Alexander Flack (H. R. 23059), W. A. By l\Ir. LINDSAY: A bill (H. R. 23451) removing the charge Price (H. R. 23058), Henry H. Schrawder (H. R. 23057), Henry of desertion from the military record of Thomas T. Inslee-to G. Chritzman (H. R. 23056), and Samuel Gonder (H. R. the Committee on Military Affairs. 23055)-to the Committee on Invalid Pensions. By Mr. McCALL: A bill (H. R. 23452) granting an increase By Mr. FOELKER: Petition of Rear-Admiral H . F. Pickering of pension to Laura J . Chandler-to the Committee on Invalid Naval Garrison, No. 4, of Erie, Pa., for legislation retiring petty Pensions. officers and enlisted men of the navy after twenty-five years of Also, a bill (H. R. 23453) granting an increase of pension to continuous service-to the Committee on Naval Affairs. George W. Bartlett-to the Committee on Invalid Pensions. Also, petition of citizens of Brooklyn, N. Y., against Senate bill By Mr. McKINNEY: A bill (H. R. 23454) granting an in­ 3940, entitled "An act for proper observance of Sunday as a crease of pension to Francis M. Rogers-to the Committee on day of rest in the District of Columbia "-to the Committee on Invalid Pensions. the District of Columbia. By Mr. WEISSE: A bill (H. R. 23455) granting an increase By Mr. J;'ULLER: Papers to accompany bills for relief of of pension to James F. Holt-to the Committee on Invalid Pen­ Charles Burton, Harmon Colvin, William M . Ramsey (H. R. sions. 21551), Silas B. 1\Iuchant (H. R. 23083), and Abraham J . East­ Also, a bill (H. R. 23456) granting a pension to Anna Kress­ wood (H. R. 23082)-to the Committee on Invalid Pensions. · to the Committee on Invalid Pensions. By Mr. HAYES: Memorial of Humboldt Chamber of Com­ Also, a bill (H. R. 23457) granting an increase of pension to merce, concerning proposed restoration of the jetties at Hum­ Francis Marcoe-to the Committee on Invalid Pensions. boldt Bay, California-to the Committee on Rivers and Harbors. Also, a bill (H. R. 23458) granting an increase of pension to Also, petition of citizens of San J ose, Cal., for legislation John Secor-to the Committee on Invalid Pensions. creating a volunteer officers' retired list-to the Committee on Also, a bill (H. R. 23459) granting an increase of pension to J\filitary Affairs. Adam Stenger-to the Committee on Invalid Pensions. Also, petitiou. of Jeremia M. 1\Iobely, favoring enactment of Also, a bill (H. R. 23460) granting an increase of pension to more stringent exclusion laws relative to objectional Asiatic Adam Kronzer-to the Committee on Invalid Pensions. immigrants-to the Committee on Immigration and Naturaliza­ Also, a bill (H. R. 23461) granting a pension to Karl Sander- tion. to the Committee on Invalid Pensions. · Also, petition of Trans-Mississippi Commercial Congress, for Also, a bill (H. R. 23462) granting n pension to Michael appropriation to repair and extend the jetties at entrance of Laudgraf-to the Committee on Invalid Pensions. Humboldt Bay-to the Committee on Rivers and Harbors. Also, petition of Rear-Admiral H. F. Pickering Naval Garri­ son, No. 4, of Erie, Pa., favoring retirement of petty officers and PETITIONS, ETC. en1isted men of the navy after twenty-five years of actual serv­ ice-to the Committee on Naval Affairs. Under clause 1 of Rule XXII, the following petitions and By Mr. HENRY of Connecticut: Petition of residents of papers were laid on the Clerk's desk and referred as follows: Mansfield, Conn., against Senate bill 3940, entitled "An act for By the SPEAKER: Memorial of the Synod of Baltimore of proper observance of Sunday as day of rest in the District of the Presbyterian Church in the United States of America, pray­ Columbia "-to the Committee on the District of Columbia. ing for the enactment of ·a law requiring all individuals and By Mr. HITCHCOCK: Petition of citizens of Omaha, Nebr., corporations engaged in interstate commerce to give each of for legislation pensioning members of United States l\Iilitary their employees who work on Sunday a full 24-hour rest day Telegraphers' Union in civil war-to the Committee on In>alid during the next six days, and to give each employee at least 14 Pensions. full 24-hour rest days on the first day of each year-to the Com­ By Mr. HOWELL of New Jersey: Paper to accompany bill mittee on Interstate and Foreign Commerce. for relief of P. Hendrickson (H. R. 5592)-to the Committee By Mr. ADAIR: Paper to accompany bill for relief of James on Invalid Pensions. L. Perry-to the Committee on Invalid Pensions. By Mr. KELIHER: Petition of members of the United States By l\lr. ASHBROOK: Paper to accompany bill for relief of l\1ilitary Telegraph Corps, for legislation pensioning United Zenis Lanham-to the Committee on 'Invalid Pensions. · States military telegraphers who served in the civil war-to the By Mr. BARTLETT of Georgia: Paper to accompany bill for Committee on Invalid Pensions. relief of heirs of Mrs. Ann E. Lowry-to the Committee on Also, petition of 1\Iass..a1id Pen§ions. ham Moggs-to the Committee on Invalid Pensions. 100 CONGRESSIONAL RECORD-SENATE. DECEJ\IDER 10!

By Mr. MANN: Petition of citizens of Chicago, asking legis­ a bill (H. R. 16954) to provide for the Thirteenth and subse­ lation to provide pensions for the United States Military Tele­ quent decennial censuses, in which it requested the concurrence graph Corps of the United States Army during civil war-to the of the Serrate. Committee on Invalid Pensions. OHIO VALLEY IMPROVEMENT ASSOCIATION. Also, paper to accompany bill for relief of William Lindsey­ The VICE-PRESIDENT. The Chair lays before the Senate to the Committee on Invalid Pensions. resolutions adopted at the fourteenth annual convention of the By Mr. MOON of Pennsylvania: Petition of citizens of Phila­ Ohio Valley Improvement Association, held at Louisville, Ky., delphia, for legislation to pension members of the Telegraph October 21-22, 1908, relative to the improvement of the Ohio Corps of the civil war-to the Committee on Invalid Pensions. River. By Mr. MOON of Tennessee : Papers to accompany bills for Mr. GALLINGER. Mr. President, that is a very important relief of Lovenia Hodges, estate of Preston Gann, estate of document, and I ask unanimous consent that, without reading, Samuel Y. B. Williams, and heirs of Simeon Graves-to the it be inserted in the RECORD. Committee on War Claims. By Mr. NEEDHAM: Petition of citizens of California, favor­ Without objection the resolutions were referred to the Com­ ing legislation to provide pensions for the United States Mili­ mittee on Commerce and ordered to be printed in the RECORD, as follows: tary Telegraph Corps of the United States Army during civil ar-to the Committee on Invalid Pensions. Re olutions adopted at the fourteenth annual convention of the Ohio W Valley Improvement Association, held at Louisville, Ky., October By 1\Ir. PE.A.RRE: Paper to accompany bill for relief of Eliza- 21-22, 1908. beth Jarboe-to the Committee on War Claims. REPORT oF co:u:r.riTTEE oN RESOLUTIO~s. By 1\Ir. RIDNOCK: Petition of citizens of Kentucky, for leg- The following resolutions, to which your attention is respectfully islation pensioning members of the United States Telegraph called, were adopted by the unanimous vote of the 835 delegates present. '.rhe delegates to the fourteenth aunual convention of the Ohio Valley Corps in the civil war-to the Committee on Invalid Pensions. Improvement Association, with a full realization of the importance of By Mr. RUSSELL of Missouri: Paper to accompany bill for the duties delegated to them, submit the following facts for the con­ relief of heirs of Joseph Hemmerback-to the Committee on sideration of Congress and of all the people of our g1·eat nation: 1. Tht>y represent directly the six States bordering on the Ohio River, War Claims. namely, Pennsylvania, West Virginia, Ohio, Kentuckv, Indiana, and By Mr. SHAClqJEFORD: Petition against Senate bill 3940 Illinois, and the States bordering on the tributaries of the Ohio, a river ( . · bs ance in the District of Columbia) to the Com system embracing 4,400 miles, with a population of more than re1 1g10us 0 erv - - 13,000.000 people interested directly in the permanent improvement of mittee on the District of Columbia. the said Ohio River. By Mr. Sl\IITH of Michigan: Petition of Rev. L. G. Moore 2. The Ohio Valley is to-day the most important manufacturing sec- and others, of Lansing, Mich., against Senate bill 3940 (religious tion of the United States. Recognizing this fact, and the consequent ...,ance m· the DI'strict of Columbia)-to the Committee on necessity oi the improvement of the river, the Congress, in the river and Obser• harbor act, approved March 3, 1905, provided that- the District of Columbia. "The Secretary of War is hereby authorized and directed to appoint B ,.."" TOU VELLE · Paper to accompany bill for relief of a board of engineers to examine the Ohio River, and report at the Y .lUI'. • earliest date by which a thorough examination can be made, the neces- heirs of Frederick Dieker-to the Committee on War Claims. sary data with reference to the canalization of the river and the ap- By Mr. WASHBURN: Papers to accompany bills for relief proximate location and number of locks and dams in such river, with a f B "d t Adams Hannah L Holman and John G Upham view both to a depth of 6 feet and 9 feet; and in said report shall in- 0 1'1 ge ' • ' · ' elude the probable cost of such improvement with each of the depths jr.-to the Committee on Invalid Pensions. named, the probable cost of maintenance, and the present and pros- By Mr. WEEKS : Petition of Massachusetts Wholesale Lum- pective commerce of said river, upstream as well as downstream, hav­ ber Association, for forest reservations in White Mountains and ing regard to both local and through traffic. They shall also report whether, in their opinion, such improvement should be made, and Southern Appalachian Mountains-to the Committee on Agri- whether other plans of improvement could be devised under which the culture. probable demands of traffic, present and prospective, could be provided By Mr WILSON of Pennsylvania: Petition of G. H . Grabe without additional locks and d:lms, ?r. with a less number th.an is de- • . . scribed in surveys heretofore made, gJ.vmg general details relatmg to all and 15 others, of Coudersport; Ford & Patcher and Card & Barr, of said plans and the approximate cost of completion thereof. They of Roulette; and Davis R. Evans and 11 others, of Blossburg, sh~ll als.o exam~e the said river from tbe mouth of the Green River to all of the State of Pennsylvania against parcels-post law-to Ca1_ro ~v1th a v1ew to determining whether an increased depth can be · ' I mamtamed by the use of dredcres." the Committee on the Post-Office and Post-Roads. 3. On 1ay 12, 1905, by authority of the Secretary of War, and in Also, petition of R. K. Gemberling and 39 others, of Jersey accordance with the provisions of the act just quoted, a board of officers Shore and Charles D Zerb and 19 others of Carter Camp all o~ the Corps of Engineers, consisting of Lieut. Col. D. W. Lockwood, ' ' · . . ' ' Lieut. CoL Ernest H. Ruffner Lieut. Col. Clinton B. Sears, Maj. George of the State of Pennsylvania, agamst the passage of S. 3940 A. Zinn. and Maj. William L. Sibert, was constituted by the Chief of (proper observance of Sunday as day of rest in the District of Engine~rs and directed to assemble at Cincinnati, Ohio, at the call of Columbia)-to the Committee on the District of Columbia. the semor member to carry out the p~poses of the act. Capt. Harry Burgess, Corps of Engineers, was assigned to duty as recorder of the ·board. 4. The board made an inspection of the rlTer, organized and con­ ducted a hydrographic survey, and collected data from all available SENATE. sources bearing upon the several features required by law to be reported upon. THURSDAY, December 10, 1908. 5. 'l'he report of the board was filed De-cember 15, 1906. It covers in full and exhaustively all the obj.ects of inquiry specified in the law, and The Senate met at 12 o'clock m. closes with the following recommendation : Prayer by the Chaplain, Rev. Edward E. Hale. "In view of the enormous interests to be benefited by continuous navi­ gation on the Ohio River and the great development which may be ex­ The Secretary proceeded to read the Journal of yesterday's pected from such increased facilities, the board is of the opinion that proceedings, when, on request of Mr. KEAN, and by unanimous the Ohio River should be improved by means of locks and movable dams consent, the further reading was dispensed with. to provide a depth of 9 feet from Pittsburg to Cairo." G. As provided by law, this report was referred to the Board of Engi­ The VICE-PRESIDENT. The Journal stands approved. neers for Rivers and Harb-ors for review. This board consisted of Col. ANNUAL REPORT OF COMPTROLLER OF THE CURRENCY. H. M. Adams, Col. Charles E. L. B. Davis, Col. R. L. Hoxie, Lieut. Col. C. McD. Townsend. and Maj. El. Eveleth Winslow. The board held a The VICE-PRESIDENT laid before the Senate the forty­ public hearing at Pittsburg, August 12, 1907, at which representatives sixth annual report of the Comptroller of the Currency, for the of the various localities interested in the proposed improvement (cover­ ing the entire river) presented statements, and following the hearing year ended October 31, 1908, which was referred to the Commit­ the board made a personal inspection of the river from Pittsburg to tee on Jj'inance and ordered to be printed. Cairo. 7. Under date of October 18, 1907, the board submitred its report. FINDINGS OF THE COURT OF CLAIMS. After reviewing and commenting upon the vast manutacturing industries The VICE-PRESIDENT laid before the Senate communica­ of Pittsburg and other Ohio River sections, the report closes in these words: tions from the assistant clerk of the Court of Claims, trans­ "The board believes that a large commerce is reasonably prospective mitting certified copies of the findings of fact filed by the court if these commercial centers are connected by a waterway which will in the following causes: permit the certainty of transportation which is found on existing rail­ roads, and that this certainty will be attained by the works proposed in In the cause of James Phillips v. United States; the report. In the cause of Robert Dickey v. United States; " The General Government has expended large sums in improving the In the cause of Mary V. R. Shipley, widow of George T. Ship- various tributaries of the Ohio. The utility of these improvements is dependent on the navigability of the main stream. The proposed im­ ley, deceased, v. United States; provement of the Ohio River will create a vast system of water com­ In the cause of Adam K. Baylor v. United States; munication penetrating one of the most populous and prosperous sec­ In the cause of Benjamin Atwood v. United States; and tions of the United States. Even in its unimproved condition the river In the cause of Owen S. M. Cone United States. h3.8 a marked effect on rail freight rates, the cheap rate quoted in the v. report as prevailin~ between New Orleans and Louisville, Cincinnati and The foregoing findings were, with the accompanying papers, Pittsburg, being duectly traceable to its influence. Its effect on rail referred to the Committee on Claims and ordered to be printed. freight rates will be greatly increased if the proposed improvements are carried out. MESSAGE FROM THE HOUSE. "For these reasons the board is of the opinion that the improvement of the Ohio River by locks and movable dams so as to secure a depth A message from the House of Representatives, by Mr. W. J. of 9 feet, as recommended in the report of the special board, is worthy Browning, its Chief Clerk, announced that the House had passed of being undertaken by the United States.