4956 CONGRESSIONAL REO.ORD- SENATE. . APRIL 20,

SEN.ATE . Mr. DICK pn-esented a petition of sundry citizens of .Akron., Ohio, praying for the enactment of legislation providing for the ~fO)WAY, Aprril ~0, 1908. construction of at least one of the proposed new battle ships at Prayer by the Chap'lain, Rev. EDWARD E. HALE. one of the Government navy-yards, which was· referred. to the The Secretary proceeded to read the Journal of the :proceed­ Committee on KaT"al A!fairs. ings of Saturday last, when, on request of l\1r. KE.A.N and by He alsO' presented a petition of Local Union No. 4, American unanimous consent, the further reading was dispensed with.. Federation of l\Iusicians, of CleTeland, Ohio, praying for the The VICE-PRESIDENT. The Journal stands approved. enactment of legislation to prohibit Navy and Marine bands from entering into competition with civilian bands, which wns LIST OF VOLUNTEER OFFICERS. referred to the Committee on Naval Affairs. The VICE-PRESIDENT laid before the Senate a communica­ He also presented a petition of the Board of Trn..de of Bisbee, tion from the Secretary of War, transmitting, in response to a Ariz., praying for the enactment of legi ·lation requiring a resolution of the 21st ultimo, a list of officers of United States strict construction of the laws relating to mining claims, which volunteer organizations under the act of March 2, 1899, for was referred to the Committee on Mines and 1\Iinip.g. service in the Philippines, showing the difference between the He also presented a petition of the Merchants and Manufac­ amount paid each officer tmder tlae act of May 26, 1900, as travel turers' Association of Milwaukee, Wis., praying for the enact­ pay, etc., and the amount each would have received under the ment of legislation providing !or ocean mail service between the law in force ai: the time of their muster into the service, which, United States and foreign ports and to promote commerce, with the accompanying paper, was referred to the Committee which was ordered to lie on the table. on Claims and ordered to be printed. He also presented a petition of sundry citizens of l\1edina, MESSAGE FROM THE HOUSE. Ohio, and a petition of sundry citizens of Randolph, Ohio, pray­ A message from the House of Representatives, by Mr. W. J. ing for the passage of the so--culled " rural parcels post and postal savings banks billsl" which were referred to the Com­ BROWNING, its Chief Clerk, announced that the House had passed a bill (H. R. 20345) making appropriations for the diplo­ mittee on Post-Offices and Post-Roads. ma tic and consular service for the fiscal year ending June 30. He also presented a memorial of Local Union No. 68, Ameri­ can Federation of Labor, of Bellaire, Ohio, remonstrating 1909, in which it requested the concurrence of the Senate. against the passage of the so-called •• Penrose bill," to exclude The message also communicated to the Senate resolutions periodicals from second-class mail privileges, which was re­ commemorative of the life and public services of Hon. GEORGE W. SMITH, late a Representative. from the State of illinois. ferred to the Committee on Post-Offices and Post-Roads.. He also presented a petition of J . H . Stewart Lodge, No. PETITIO ""S AND MEMORIALS. 243, Brotherhood of Railroad TI~ainmen, of Chillicothe, Ohio, The VICE-PRESIDENT presented memorials of Local Lodge praying for the passage of the so-called "employers'' liability No. 24, of Berlin; of Local Lodge No~ 9r of Franklin, in the bill," which was ordered to lie on the table. State of New Hampshire~ of Local Lodge No.3, of South Glens He also presented a petition of Local Union No. 24, Photo~ Falls; of Local Lodge No. 5, of Ticonderoga, in the State of engravers' Association of Cleveland, Ohio, praying for the repeal New York; of Local Lodge No. 10", of 'Vilder, and of Local of the- duty on white paper, wood pulp, and the materials used Lodge No. 19~ of Milton, in the State of Vermont, all of the In­ in the manufacture thereof, which was referred to the Commit­ ternational Brotherhood of Pulp, Sulphite, and Paper Mills tee on Yrnance. Workers, remonstrating against the repeal of the duty on white He also presented 3. petition of the New Connecticut Chapter, pape:r, wood pulp, and the materials used in the manufacture Daughters of the American Revolution, of Painesville, Ohio, thereof, which were referred to the Committee on Finance. praying for the enactment of legislation to regulate the employ­ Mr. PLATT presented a petition of Buffalo Council, No. 184, ment of child labor, whi:Ch was referred to the Committee on Knights of Columbus, of Buffalo, N. Y., praying for the enact­ Education and Labor. ment of legislation making October 12 a national holiday, to be Mr. BRIGGS presented a petition of the Ferracute Machine knDwn as" Discoyexy Dny," which was referred to the Commit­ Company, of Bridgeton, N. J., praying for the enactment of tee on the Judiciary. legislation to create a tariff commission, which was referred to He also presented a petition of the Central Federated Union the Committee on Finance. of New York, of New York City~ praying for the enactment of He also presented: the petition of D. B. Stevens, of Trenton, legislation praviding for the· construction of at least one of the N. J ., praying that an appropriation be made for the necessary proposed new battle ships at a Government navy-yard, which expenseS" incurred by railway postal clerks in the performance was referred to the Committee on Naval Affairs. of their duties while away from home, which was referred to He also presented a petition of Wide Awake Grange, No. 747, the Committee on Post-Offi-ces and Post-Roads. Patrons of Husbandry, of Phelps, N. Y., praying for the passage He also presented a memorial of the National Bank of Had­ of the so-called "rural parcels-post bill," which was referred donfield, N. J ., remonstrating against the enactment of legisla­ to the Committee on Post-Offices and Post-Roads. He also presented a memorial of the New York Board of tion to secure deposit§! in national banks against loss, which T:.;ade and Transpo:rtation, of New York City, remonstrating was referred to the Select Committee on National Banks. against the adoption of certain amendments to the so-call€d He also presented petitions of sundry citizens of Madison and "Sherman antttrust law," which was: referred to the Committee Hackensack, and of the Society for the Prevention of Cruelty on the Judiciary. to Children, of Morris County, an in the State of New Jersey, He also presented a petition of West Shore Lodge, No. 213, praying for the enactment of legislation to regulate the employ­ Brotherhood of Locomotive Firemen and Enginemen, of Syra­ ment of child labor in the District of Columbia, which were re­ cm:c, N. Y., praying for the enactment of legislation to promote ferred to the Committee on the District of Columbia.. the safety of employees upon railroads, which was ordered to He also presented a petition of District Council No. 2, Metal lie- on the table. Polishers, Buffers, Platers, Brass Molders, and Brass and Silver He also presented a petition of sundry citizens of Pough­ Workers' Union of North A.merica, of Newark, N. J., praying keepsie, N. Y., praying for the adoption of a certain amendment for the enactment of legislation providing for the construction to the so-called " Sherman antitrust law " relating to labor or­ of all the proposed new battle ships at the Government navy­ g::mizations, which was referred to the Committee on the Ju­ yards, which was referred to the Committee on Naval Affairs. diciary. He also presented a petition of Loca.l Branch No. 63, Glass He also presented memorials of Gilbert & Bell, of Waterford,; Bottle Blowers' Association, of Williamstown, N. J., and a peti­ of Local Lodge No. 1, of Fort Edward ; Local Lodge No. 3, of tion of Local Branch No. 7, Glass Bottle Blowers' Association, Sou.th Glens Falls; of Local Lodge, of Ticonderoga; of Local of Millville, N. J., praying for the adoption of certain amend· Lodge No. 11, of Morrisonville, all of the International Brother­ ments to the so-called " Sherman antitrust law " relating to la­ hood of Pulp, Sulphite and Paper Mill Workers, in the State of bor organizations, which were referred to the Committee on the New York, remonsh·ating against the repeal of the duty on Judiciary. white paper, wood pulp, and the materials used in the manu­ He also presented a petition of the State executive commit­ facture thereof, which were referred to the· Committee on tee of th€ Young Men's Christian Association, of Newark, N. J., Finance. and a petition of the Woman's Club of Orange, N. J ., praying Mr. NELSON presented a petition of the Twin City Imple­ for the enactment of legislation providing.for the investigation ment, Vehicle and Hardware Club, of Minneapolis-St. Paul, and the development of the methods of treatment of tubercu­ Minn., praying for the enactment of legislation to authorize the losis, which were referred to the Committee on Public Health Interstate Commerce Commission to decide the merits of freight and National Quarantine. rates placed in effect by the vatious railroads, which was re­ He also presented a petition of the Political Study Club of ferred to the Committee on Interstate Commerce. Elizabeth, N. J., praying :for the enactment of legislation pro-- 19.08.. CONGRESSIONAL RECORD-.SEN_A!llE. 4957

viding for the conservation of the national .forests, which was islation io .protect the first day of the week as n day of rest in referred to the Committee on Forest Tieser\ations and the Pro­ the District of Columbia, which were referred to the Committee tection of Game. on the District of -e impossible to accomplish the passage by Con­ Nelson, Fred Nelson, L. Elder, Conrad Reesburg, Peter J". gress of anything more than a publicity law applicable to national committees and Congressional c-ommittees operating in more than one Schmidt, Valentine Leer~; .A. N. Helligson, C . .M. Olark, C. P. State. The differences in the last Congress between those who sought Farnswortb, L. S. Peterson, Geo. W. 1lTI1ler, "R. 13. Hmvley, to do this and those who sou~ht to do more -proved fatal to nny G. W. Stilson, F. R. Isaac, G. A. 'Dunning, W. H. Powell, J'. legislation whatever. Jt is "to a1d in preventing another such fatality .that the association makes its _present earnest appeal. Livingston, H. P. Regress, Geo. W. Bowen, and W. A. Bapp, The National Publicity 13lll Organization is nonpartisan and hopes all citizens of South Dakota, _pTaying .for the .enactment of leg· ':that the effort£ to secure the .beneficial laws .so much needed will not 4958 CONGRESSIONAL RECORD- SENATE. APRIL 20, become involved in the controversies of political parties. But it is to make public contributions to National and Congressional committees impossible to overlook the fact that the present minority party will of the political parties. Having beard the debates more or le s in the impose upon the majority party the weighty responsibility for the House of Commons when the present law was passed in England and failure of any legislation, if such failure shall ensue. To avoid such having spoken and printed more or less in this counti·y, I must express a dP:>lorable political issue, should not the members of both parties my strong conviction that a very carefully dra wn and comprehensive unite in pcstponing all propositions on which there may be a sincere law is necessary and that anything less than this is of little, if any, division of sentiment and in passing through Congress without further avail except as it may be possibly the forerunner of a more complete delay a bill upon which all cordially agree? and drastic law. If an opening is left for fraud or secrecy we may be Accompanying this petition are letters from members of the Publicity sure that the very competent persons seeking to gain by such means Organization showing that their views are in accord with those herein will avail themselves of this opening. presented. The original Wisconsin law, which I drew, was so modified in its pas­ THE NATIONAL PUBLICITY BILL ORGANIZATION, sage that it did not compel proper reports from politlcal committees. By PERRY BELMONT, Candidates, therefore, simply subscribed any sum they desired expended .JOHN M. THURSTON, and turned it over to a committee. They reported this fact, but there Wlll. E. CHA...""WLER, was no means of ascertaining what the committee did with the money. .JOHN E. LAMB, If you build a fence which is to keep out noxious animals, it will be CRAMMOND KE 'NEDY, unavailing if there is a hole in it. I am very strongly of the opinion Acting tor the Oommittee on Legislation. that the law should limit the amount which may be spent by a candi­ date or by the organization backing him in the canvass for an office. Within a day or so I have heard of the judge of a supreme court who APRIL 9, 1908. has been defeated for reelection, and it is said that he spent $6,000 Hon. PERRY BELMONT. and that the successful candidate spent $15,000. Political campaigns DEAR SIR: Your favor of the 4th to hand. I regret exceedingly that ought not to be contests in buying, and our national law ought to I can not be present at the meeting of the National Publicity Law Or­ stringently limit the expenses in a IL.'ltional election and to compel ganization on April 16. I certainly concur in the opinion that we every cent to be accounted for as effectively as the English law or as should advocate the enactment of a national law for publicity of con­ the California law or Missouri law in this country. tributions made to National and Congressional committees. If we at­ I write promptly on the receipt of your circular. I realize fully tempt to interfere with the States, we will get into serious trouble. I the difficulty of shaping a law and carrying it containing provisions may be influenced in my opinion by the fact that we have a law in this of the nature indicated. I shall be grateful for your effot·ts in carrying State that requires publicity in regard to all contributions in political any measure, but my observation and investigation convince me that campaigns. only the most comprehensive, thorough, and far-sighted statute can Regretting that I can not be with you and wishing you great success operate to exclude financial fraud and corrupting influences from our in the movement you have so ably and earnestly carried on, I have the elections. Many of the ::itate statutes are so defective that they are a honor to be, mere cover for fraud. When I offered a draft of a law in Wisconsin, Very respectfully, yours, HENRY T. KENT. I found the principal opposition was to its being made thorough. I beg to express my very warm appreciation of your efforts in this INTERNATIONAL TYPOGRA.I'HICAL UNION, course and my earnest hope that they may be successful. Indianapolis, Ind., ApriL 9, JB08. Very sincerely, yours, Mr. PERRY BELMONT. CH.ARLES NOBLE GREGORY. DEAR SIR : Replying to the communication of April 4, signed by :Mr. Perry Belmont and l\fr. W. E. Chandler, I have to say that in my opin­ .JEFFERSON CITY, Mo., ApriL 9, 1908. ion the National Publicity Law Organization should advocate only the Hon. PERRY BELMONT. enactment of a law for the publicity of contributions made to the Na­ DEAR Sm: Replying to your circular letter of April4, I beg to say that tional and Congressional committees of the political parties, leaving I heartily approve the efforts of your committee to induce Congress to legislation concerning contributions to State and other local committees pass a law compelling publicity of campaign contributions ; and, know­ to be dealt with by State laws. ing from expenence how difficult it is to get any effective legislation If the nation will set the example, the States will follow. through Congress regulatin~ such matters as this, I think you will do Sincerely, well if you succeed in getting legislation requiring publicity of contri­ .JAMES M. LYNCH. butions for National and Congressional campaigns ; leaving all other matters to be acted upon in the future or by the separate States. Hons. PERRY BELMONT and W. E. CHANDLER. I wish most heartily to commend the work which your committee is GENTLEMEN : In compliance with your request, permit me to say that doing and to express most earnestly the hope that it may succeed in my present impression 1s that we want to make a start. The direction getting something done. of the step we take is of infinitely more importance than the length Regretting that I will not be able to attend the meeting of the com­ of it, and I cordially agree with you that we " should advocate only mittee on April 16, I assure you of my earnest desire to favor the move­ the enactment of a law for the publicity of contributions made to the ment in any way that I can. National and Congressional committees of the political parties" at this Very truly, yours, W. D. VANDIVER. time. In this country the great governing J?Ower is public opinion, and to BOWDOIN COLLEGE, have an intelligent public opinion reqrures a public knowledge of the Br-unswick, Me., April 9, 1908. fucts. Take this step first, and the public will, in course of time, Mr. PERRY BELMONT, Washington, D. 0. demand all of the facts needed. DEAR 1\fR. BELMONT: In reply to your inquiry, I beg to say that in Very respectfully, yours, .JAMES K . .JoNES. my opinion it would be wisest to confine the proposed legislation to contributions made to the National and Congressional committees of NEW YORKER STA.ATS-ZEITUNG, the political parties. New York City, April 9, JBOB. Very truly, yours, WM. D. W. HYDE. Hon. PERRY BELMONT. MY DEAR MR. BELMONT: In reply to your·favor of the 4th instant ANTIOCH COLLEGE, In relation to legislation for the publicity of campaign contributions, Yellow Springs, Ohio, Apri£ 10, JB08. I beg to state that I am impressed with the necessity of giving such Hon. PERRY BELMONT. legislation the broadest possible scope, covering contributions made not DEAR SIR: I am heartily in favor of the plan of centralizing the only to National and Congressional committees of the political parties, effort of your committee upon the effort to get Congressional legisla­ but to State and local committees also. tion upon publicity of contributions in any way connected with national Should Congress deem it advisable to limit its action to the first­ elections, directly or indirectly. If too many things are attempted at named class of contributions, no effort should be spared to induce the once we may lose everything. But if we can secure the enactment of leg-islators of the several States to supplement Congressional legisla­ such a law for national elections, and its benefits clearly shown by tion by the enactment of adequate State laws. the actual results of a few elections, the influence will go a good ways Yours, faithfully, HERMAN RIDDER. in the way of securing State legislation to the same end. I sincerely hope that your committee may be successful in getting Con~ress to NEW YORK~ April 9, JBOB. enact such a law. Hon. PERRY BELMONT and Hon. W. E. CHANDLER. Very truly, yours, STEPHEN F. WESTON. DEAR SIRs: Answering the inquiry contained in your letter of April 4, I would say that I heartily concur in your opinion that at present STATE OF LOUISIANA, you should advocate only the enactment of a law for the publicity of EXECU TIYE DFJPART~IEXT, contributions made to National and Congressional committees of the Baton Rouge, April 10, 1908. political parties, leaving legislation concerning contributions to State Hon. PERRY BELMONT. and other local committees to be dealt with by State laws. DEAR SIR: I have yours of the 4th instant, apprising me that there I am, your obedient servant, will be a meeting of the committee on legislation of the National Pqb­ FRANCIS LYNDE STETSON. licity Law Organization on Thursday, April 16. I regret to say that my public duties will not permit my being in Here is another letter : Washington at that time. NEW YORK CITY, Ap1·1l 9, 1908. My administration as governor is drawing to a close and I have much :Messrs. PERRY BELMONT and WILLIAM E. CHANDLER. to do before I give way to my successor on May 18. GENTLEMEN : Acknowledging receipt of the favor communicated to With us, in Louisiana, it is four years in the 17overnor's office and me, bearing date April 4, 1908, in which you ask to receive a statement out. The constitution prohibits a second consecutive term. of my present impression as to the legislation which you should urge Relative to the work of the organization, I am of the opinion that we the committee of Congress to report and recommend for passage, I beg should advocate only the enactment of a law for the publicit_y of con­ to sav that I coincide entirely with the opinion contained in your cil·­ tributions made to the National and Congressional committees of the cular ·of that date, that the organization should advocate only the enact­ political parties, leaving legislation concerning contributions to State ment of a law for publicity of contributions made to National and Con­ and other local committees to be dealt with by State laws. gressional committees of the political parties. Yours, very truly, Very truly, yours, EDWARD LAUTERBACH. ....--- N. C. BLANCHARD. ALBANY, April 1, 1908. IOWA CITY, IOWA., April 9, 1908. DEAR Sms: Replying to your favor of the 4th instant, it seems to Hon. PERRY BELMONT and Hon. WILLIAM E. CHANDLER. me more expedient that your committee should advocate the enact­ GENTLEUEN : I am in receipt of your circular of April 4, asking as to ment of a law applicable to the National and Congressional committees my views concerning legislation to be sought in Congress concerning of the political parties. publicitv of election expenses. I note with great respect the sugges­ Very truly, yours, WM. J. WALLACE. tion that we should limit our attempts to seeking the passage of a law Hon. PERRY BELMONT and Hon. WM. E. CHANDLER. 1908. CONGRESSIONAL RECORD-SENATE. 4959

LEBANON, ILL., Ap1'il 11, 1908. Mr. :McCUMBER, from the Committee on Pensions, to whom lion. PEBUY BELMOXT. was referred the bill (H. R. 19463 ) granting pensions and in­ 1\lY DEAR SIR: Replying to yours of the 4th instant, I have to say that I am ln entire accord with your view that, for the present, the crease of pensions to certain soldiers and sailors of the civil National Publicity Law Organization should confine its efforts to secure war and cert.:'lin widows and dependent relatives of such sol­ an "enactment of a law for the publicity of contributions made to the diers and sailors, reported it with an amendment and submitted _"ational and Congressional committees of the political parties." While I think additional requirements might be properly made, I am a report (No. 54.9) thereon. cleat· that the undertaking too much in that direction might prove He also, from the same committee, to whom was referred the fatal to a more conse1-vative method of legislation. bill (H. R. 19737) granting pensions and increase of pensions to Very respectfully, M. H. CHAMBERLIN. certain soldiers and sailors of the ci>il war and certain wido.ws and dependent relati>es of such soldiers and sailors, reported it S:r,urFoRo, CoN:x., A:wn 11, 1908. without amendment and submitted a report (No. 550) thereon. lion. PERRY BELMONT. He also, from the same committee, to whom were referred 1\lY DEAR Sm: In answer to your communication of April 4. I would certain bills granting pensions and increase of pensions, sub­ say that I am in accord with the proposition set forth in the third para­ graph of your letter and doubt if it is advisable to pursue the matter mittcd a report (No. 551) accompanied by a bill (S. 6115) further at this time. granting pensions and increase of pensions to certain soldiers Very truly, yours, HOMER S. CUillllNGS. and sailors of the Spanish war and other wars, and to the widows of such soldiers and sailors, which was read twice by KA..'\SA.S CITY, April 11, 1908. its title, the bill being a substitute for the following Sen.~te MY DEAR SIR-: I quite agree with you on the advisability of urging the passage of a bill of limited scope for the publicity of election ex­ bills heretofore referred to that committee: penditures. Such a measure would mark a distinct forward step and S. 1655. Arabella H. Colahan ; could be supplemented later by any legislation found necessary. 8.1743. Edith Burt Trout; I am inclosing an editorial on the subject from the Star of April 11. Very truly, S. 3180. Lucy Scott West; W. R. NELSON. S. 4774. Fletcher Vilott; Mr. PERRY BELMONT. S. 53TO. William E. Thompson; [Inclosure.] S. 5757. Beatrice Paul :Marmion; CUIPA.IG.."f CO~--rRIBUTIONS. S. 5977. 1\Iary Eddy Driggs; For some years there has been earnest agitation of the question of enforcing the publicity of all campaign contributions relating to national S. 6044. Joseph Goose (Can-te-tere); elections. A sh·ong public sentiment has been created in favor of this S. G045. Charles Lauder; important regulation. In obedience to this sentiment, a bill is now S. G107. John W. Winslett; pending in Congress providing for the desired publicity. The question is whether the bill will be passed, defeated, or smothered. S. 6176. David Raulerson; •o party should be afraid to go before the country with a record of S. 6197. Thomas J. Zipperer; its campaign fin:mciering. No candidate for office should hesitate to S. 6304. George A. Hicks ; have the people know the sources of campaign money. In other words, such contributions should come only from legitimate sources, and onl.y S. 6305. :Mary Robertson; money from such sources would be accepted if the facts had to be made S. 6306. Elizabeth :McKell ; public. Hence the great importance of publicity. The people do not S. 6321. Newton A. Way; and want successful candidates to owe their election to special interests af­ fected by the subsequent administrations of such candidates. Such fa­ S. 6424. Katharine E. Looker. vors and the obligations they involve are absolutely against the princi­ ples of honest government, whether that government be national, State, AGRICULTURAL APPROPRIATION BILL. or municipaL 1\Ir. WARREN. I report back from the Committee on Agri­ PHILADELPHIA, .Ap1'il 18, 1908. culture and Forestry, with amendments, the bill (II. R. 19158) GENTLlDIE)l": r think you are right ln your conclusion that it would making appropriations for the Department of Agriculture for be better to have the committee advocate only " the enactment of a the fiscal year ending June 30, 1909, and I submit a report (NQ. law for the publicity of contributions made to the National and Con­ gressional committees of the political parties_, leaving legislation con­ 544) thereon. cerning contributions to State and other local committees to be dealt I will state in thiS connection that the bill came from the with by State laws." House· to the Senate carrying $11,508,806~ We report it from While I was governor of this Commonwealth 1 succeeded in having a law passed which requires publicicy for such expenses. I am in­ committee carrying $11,642,146, an increase of only $133,3-!0. formed that practically it is a success, and that the campaign expenses I wish to giYe notice tllat I desire to tll.k'"'e up the bill at the of candidates have besides been very much reduced. earliest opportunity. I hope there may be time toward the end Very truly, yours, SA~'L W. PENNYPACKER. of the present legislatiYe day for at least the reading of tl1e bill. Messrs. PERRY BELMONT and W. EJ. CHANDLER. :Mr. HEYBUlli~~ I should like the bill to be printed a suf­ ficient length of time before it is taken up that I may in>esti­ NEw HAVEN, CoNN., AprH 15, 1908. gate some items in it. Hon. PERRY BELMO)l"T. Mr. WARR~. There will be no undue haste about it, and MY DEAR MR. BELMO.:-

The next amendment was, on page 2, after the word " alleys," Mr. ELKINS inh·oduced the following bills, which were to ins(;'rt a period and to strike out the remainder of the bill severally read twice by their titles and, with the accompanying in the following words : papers, referred to the Committee on Pensions: And that no money appropriated for this pi.trpose shall be available A bill ( S. 6735) granting an increase of pension to W. F. until a valid title to the site for said building shall be vested in the Landers; and United States, nor until the State of Pennsylvania shall have ceded to the United States exclusive jurisdiction over the same during the time A bill (S. 6736) granting an increase. of pension to Wash­ the United States shall be or remain the owner thereof, for all purposes ington Deem. except the administration of the criminal laws of the said State and l\Ir. SMITH of Michigan introduced a bill ( S. 6737) grant­ the service of civil process therein. ing an honorable discharge to Benjamin W. Ehle, which was The amendment was agreed to. read twice by its title and, with the accompanying papers, re­ The bill was reported to the Senate as amended, and the ferred to the Committee on Military Affairs. amendments were concurred in. He also introduced the following bills, which were severally The bill was ordered to be engrossed for a third reading, read read twice by their titles and referred to the Committee on the third time, and passed. Pensions: A bill (S. 6738) granting a pension to Ralph S. Jordon; BILLS INTRODUCED. A bill ( S. 6739) granting a pension to Alvena Wiggins; .Mr. CULLOM introduced a bill ( S. 6716) granting an increase A bill (S. 6740) granting an increase of pension to Charles of pension to Nancy J. Ayres, which was read twice by its title A. Norris; and referred to the Committee on Pensions. A bill (S. 6741) granting an increase of pension to Peter .Mr. HEYBURN. I introduce a bill, in the nature of a sub­ Boyer; and stitute for Senate bill 6098, and ask its reference, with the ac­ A bill (S. 6742) granting an increase of pension to Charles companying paper, to the Committee on Military Affairs: H. Sedgwick (with the accompanying papers). The bill (S. 6717) to authorize the President to appoint Lieut. Mr. ALDRICH introduced the following bills, which were Col. William H. Corbusier, retired, a brigadier-general was read severally read twice by their titles and, with the accompanying twice by its title and, with the accompanying paper, referred to papers, referred to the Committee on Pensions: the Committee on Military Affairs. A bill (S. 6743) granting an increase of pension to Philip D. l\Ir. HEYBURN intL·oduced a bill (S. 6718) for preventin,g the Gibson; manufacture, sale, or transportation of adulterated or mis­ A bill ( S. 6744) granting an increase of pension to Thomas labeled paint, turpentine, or linseed oil, which was read twice W. Manchester; by its title and referred to the Committee on Manufactures. A bill (S. 6745) granting an increase of pension to John W. l\Ir. KEAN introduced a bill ( S. 6719) granting a pension to Richards; :Mattie Ashby Birney, which was read twice by its title and re­ A bill ( S. 6746) granting an increase of pension to 1\Iary A. ferred to the Committee on Pensions. Rose; and Mr. OWEN introduced the following bills, which were sev­ A bill (S. 6747) granting a pension to John B. Kenney. erally read twice by their titles and referred to the Committee on Indian Affairs : AMENDMENTS TO APPROPRIATION BILLS. A bill { S. 6720) for the removal of restrictions from part of 1\Ir. CULLOM submitted an amendment proposing to appro­ the lands of allottees of the Five Civilized Tribes, and for other priate $15,000 to defray the cost of mining and transporting purposes ; and · coal in and from Alaska for a steaming test by a vessel of the A bill ( S. 6721) for the removal of restrictions from part of United States Navy to determine the value of the coal to the the lands of allottees of the Five Civilized Tribes, and for other Navy, etc., intended to be proposed by him to the naval appro­ purposes. priation bill, which was referred to the Committee on Naval Mr. FRAZIER introduced a bill (S. 6722) to remove the Affairs and ordered to be printed. charge of desertion against William Widdis, which was read Mr. PLATT submitted an amendment providing that civilian twice by its title and referred to the Committee on 1\Iilita.ry professors at the Naval Academy shall receive annually during Affairs. the first five years of service $2,200, etc., intended to be pro­ He also introduced a bill ( S. 6723) granting a pension to posed by him to the naval appropriation bill, which was referred William T. Mayes, which was read twice by its title and re­ to the Committee on Naval Affairs and ordered to be printed. ferred to the Committee on Pensions. He also submitted an amendment proposing to appropriate He also introduced the following bills, which were severally $1,606.08 for one superintendent of teams, or quarterman, at the read twice by their titles and, with the accompanying papers, navy-yard, New York, N. Y., intended to be proposed by him to referred to the Committee on Claims: the na1al appropriation bill, which was referred to the Com­ A bill (S. 6724) for the relief of the estate of Jacob Glenn, mittee on Naval Affairs and ordered to be printed. deceased; 1\fr. Sl\IITH of Michigan submitted an amendment providing A bill (S. 6725) for the relief of the heirs of W. T. Garrett, that no pension or portion thereof shall be withheld or retained deceased ; and for the purpose of establishing any fund or assisting in the ex­ A bill (S. 6726) for the relief of the heirs of Amasa Ezell, penses of any Soldiers' Home, State or national, etc., without deceased. the consent of the pensioner, intended to be proposed by him Mr. OVERMAN introduced the following bills, which were to the pension appropriation bill, which was referred to the severally read twice by their titles and, with the accompanying Committee on P ensions and ordered to be printed. papers, referred to the Committee on Claims: HEARING BEFORE COMMITTEE ON WOMAN SUFFRAGE. A bill (S. 6727) for the relief of the heirs or estate of On motion of 1\fr. CLAY, it was James Ward, deceased; and Ordered, That 10,000 additional copies of the hearing of the Select A bill (S. 6728) for the relief of the heirs or estate of Committee on Woman Sufirage March 3, 1908, be ordered printed. William Civiels, deceased. PRESIDENTIAL .APPROVAL. He also introduced a bill (S. 6729) for the erection of a public A message from the President of the United States, by Mr. building at Greenville, N. C., which was read twice by its title .M. C. LATTA, one of his secretaries, announced that the Presi­ and referred to the Committee on Public Buildings and Grounds. dent had, on March 23, 1908, approved and signed the following He also introduced a bill (S. 6730) granting an increase of joint resolution: pension to George A. Sorrels, which was read twice by its title S. R. 69. Joint resolution granting authority for the use of and, with the accompanying papers, referred to the Committee certain balances of appropriations for the Light-House Estab­ on Pensions. lishment to be available for certain named purposes. Mr. DANIEL inh·oduced a bill (S. 6731) granting an increase HOUSE BILL REFERRED. of pension to V. A. Witcher, which was read twice by its title H. R. 20345. An act making appropriations for the Diplomatic and referr~d to the Committee on Pensions. 1\fr. McCREARY introduced a bill (S. 6732) granting a pen­ and Consular Service for the fiscal year ending June 30, 1909, sion to Myra Bibb, which was read twice by its title and, with was read twice by its title and referred to the Committee on the accompanying papers, referred to the Committee on Pen­ Appropriations. sions. PENSIONING OF TEXAS VOLUNTEERS. He also inb:oduced a bill (S. 6733) for the relief of M. J. Mr. CULBERSON. The Senator from Idaho [Mr. BORAH] Vanarsdall, which was read twice by its title and referred to has very kindly yielded to me to ask for the consideration of the Committee on Claims. the bill ( S. 5581) pensioning the surviving officers and enlisted Mr. HOPKINS introduced a bill (S. 6734) granting an in­ men of the Texas volunteers employed in the defense of the crease of pension to Clifford A. Lake, which was read twice by frontier of that State against Mexican marauders and Indian lts title and, with the accom,Panying papers, referred to the depredations from 1855 to 18GO, inclusive, and for other pur· 0)mmittee on Pensions. poses. 1908. CONGRESSIONAL RECORD- SENATE. 4961

The YIOE-PRESIDENT. The bill will be read for the infor­ considering the proviso to the sixth section of the Army appropriation act approyed June 21, 1860, which section provided for " payment of mation of the Senate. Yoluntcers called out in 'defense of the frontter of that State since t'he The Secretary read the bill, as follOW'S: 28th day of February, 1855,'' the Seceetary of \Var decided that "th'!re Be it cnactecl, etc., That the provisions, limitations, and benefits of was a necessity for call in .~ out the '.rexas volunteers mentioned therein, an act entitled "An act granting pensions to survivors of the Indian D.nd that they were called out by competent authority." 'l.'uat decision '\Iars of 1832 to 1842, inclusive, known as the Black Ha'llk war, Creclr was made November 15, 18GO, and is printed as "No. 11 " oa page wat·. Cherokee disturbances, and the Seminole war," approved July 27, 133 of House Executive Document No. 277, Forty-second Congress, ;;ec­ 1802, be, and the same arc hereby, extended from the date of the pas­ cnd session. sage of this act to the surviving officers and enlisted men of the Texas It is impracticable to ascertain from the records of the War De­ volunteers who served in the defense of the frontier of that State partment whether the proposed beneficiaries under the resolution in against Mexican marauders and Indian depredations from the year question were actual participants in the cp<'rations in defense of the 1 ~5;) to the year 1860, inclu::;ive ; and also to include the surviving State of Texas against Mexican marauders :1nd Indian depredations. widows of such of said officet·s and enli. ted men : Prodded, That such .l nder date of .April 30, 187~. the Secretary of War, in accordar.ce widows have not remarried : Provided (u1·ther, That where there is no wtth a request of the subcommittee on appropriatiens, transmitted to record of enlistment or muster into the service of the United States in the House of. Representati.-es a report of Lieut. Thomas H. Bradley, the service mentioned in this act the fact of r eimbursement to 'l'cxas ~rw.enty-first Infantry, concerning the history and character of certain by the United States, as evidence by the muster rolls and vouchers on clatms of the State of Texas. That report is printed as Executive Docu­ file in the War Department, shall IJe accepted as full and satisfactory ment No. 277, House of Representatives, Forty-second Congress, second proof of such enlistment and sen·ice: Anll provided fttrtllcr, '.rhat ali session, and contains- contracts heretofore made between the beneficiaries under this act and (1) A resume of ·• the condition of affairs that may hn.ve rendered it pension attorneys and claim agents are hereby declared null and void. n~ce~sary from time to time to employ Texan ranget·s or >citr.:teers 'i\'lthm. that. State" at various dates between November 1. 185!, and The VICE-PRESIDENT. Is there objection to the considera­ som~ .t~me m September, 1860, for the purpose of suppressing Indian tion of the bill? hostrllt1es on the frontier; and ( 2) An. exhibit of the character of the troops, the circumst:mces Mr. BURROWS. I should like to inquire from what commit­ undc:r wh1ch employed, and, as far as ascertained, a history of tl:!.rir tee the bill was reported? sernces. The VICE-PRESIDENT. It was reported from the Commit­ A his.tory. of the <;listurbances and military operations in T exas dnri!lg the penod rn questwn. so far as ascertainable from the records cf the tee on Pensions. \Var Department, can be obtained from the document before r efer r ~d to 1\Ir. BURROWS. The chairman of that committee is not The letter: of January 11, 1907, to Hon. A. S. Bl'RLESO:>~, House of present. Representatrves, inclosed with your communication, is herewith re­ tumed. l\1r. CULBERSON. Of course, if there is to be discussion Very respectfully, F. C. AIXSWORTH, about this matter, I will not insist upon considering it now, Tile MUitary Secrctt"1ru. in view of the notice gi'ven by the Senator from Idaho. But I Ron. H. C. LOUDEXSLAOER, will state to the Senator from l\fichigan, and probably his ob­ Chainna1~ Co1nmittee on Pensions, House of Rep1·escntatives. jection will be removed, that this is the unanimous report of WAR DEPA!lT;\IEX'l', the Committee on Pensions, and I think an identical bill has THE ADJUTAXT-GENERAL'S OFFICE, been reported unanimously from the Committee on Pensions n-ashington, December 31, 1907. Sm: In compliance with the request contained in :your letter of yes­ of another body. terday. received this morning, for an estimate of the probable number Mr. BURROWS. I make no objection, then. of beneficiaries under the bill (H. n. 1, GOth Cong., 1st sess.) "pension­ There being no objection, the bill was considered as in Com­ ing the surviving officers and enlisted men of the Texas volunteers em­ ployed in the defense of the frontier of that State against lrexican mittee of the Whole. marauders and Indian depredations from 1 35 to 1860, inclusive, anti The bill was reported to the Senate without amendment, or­ for other purposes," who will survi>e on March 1, 1908, I beg le:r.ve to dered to be engrossed for a third rea-ding, read the third time, advise you as follows : The rolls and other records on file in the War Department of troop::; and passed. in the service of the State of Texas bet'lleen Febi."uary :! , 1855, and Mr. KEAN. Let the report be published in the RECORD with .Tune 21, 1860, in defense of the frontier of that State against Mexican the bill, showing the number of people who are pensionable m:trauders and Indian depredations, a ccount for 1,301 officers arri'.-ors teers employed in the defense of the frontier of that State against at this remote date. Mexican marauders and Indian depredations from 1855 to 1860, inclu­ Assuming that the 1.301 officers and enlisted men '\\ere from 21 to :!5 sive, and for other purposes, have examined the same and beg to report years of age at the date of their service and having in mind the ]1rob­ as follows: ability that many of those men were in the military service (either An exactly similar bill (H. R. 1) has been favorably repot·ted by the l nion or Confederate) during the civil 'liar, and consequently '\'\"Cl.'C ex­ Committee on Pensions of the House of Representatives and is now on posed to a higher r ate of mortality during that period, it is e:;timated the House Calendar. The report submitted by that committee is hereby that on l\Iarch 1, 1908, there will be surviving about 330 of these officers adopted and the passage of the bill is recommended. an1l men. '!'he llouse report is as follows : This office has no data upon which any estimate of the number of the " The Committee on Pensions, to whom was referred the bill (H. R. surviving widows of those men that would be at all reliable can be 1) pensioning the SUl'>iving officers and enlisted men of the Texas based. However, assuming that every one of them who has died left volunteers, etc., have considered the same and respectfully report as a widow who bas not since remarried anil also assuming that the wid­ follows: ows were approximately ten years younger than their husbands, ir is "A similar bill (H. R. 25892) was before yom committee in the Fifty­ estimated that on March 1, 1908, there will be surviving approxi­ ninth Congress, but was not reported to the House owing to lack of mately 400 widows entitled to the benefits of the bill under consider­ time for its consideration. ation. "A small number of men are surviving who volunteered for the pro­ Very respectfully, F. C. AIXSWORTH tPction of the frontiers of the State of Texas against maramling Tlle Adjutant-General. Mexicans and Indians between the years 1855 and 1860, and who are not Hon. HENRY C. LOUDENSLAGER, beneficiaries of the acts of Congt·ess passed in grateful recognition of Chairman Committee on Pensions, House of Representatives. the valorous deeds of the pioneer defenders of the nation. They are now, nearly fifty years after the close of their service, of advanced A full reprint of Executive Document No. 277 (H. R., 42d Cong., age and consequent infirmity, if not entirely disabled, and, as a rule, 2d sess.) appears in Executive Document No. 19 (45th Cong., 2d sess.) in pecuniary need. It is probable that when the act of July 27, 1892, and gives a d~tailed narra.tive of the organization, operations, engage­ was passed its provisions were expected to extend to all those who took ments, casualties, and ach1evements of these forces. It is deemed un­ part in the early Indian wars, but the class named in the bill were not neces s~ ry to reproduce the same herein at length. provided for because the period of their ser>ice was subsequent to that The service of these veterans having been acknowledged by the Gov­ named in the act to bestow title to pension, though by later legisla­ ernment in reimbursement of the State of T exas for their pay, and the tion (act of June 27, HJ02) similar service rendered in other Indian uniform course of legislation having been to grant service pensions after wars and disturbances, as late as the year 1858, was recoa-nized: the lapse of forty years from the war or disturbance on account of " The following letters from the Adjutant-General set forth further which pensions have been granted. and in appreciation of the inesti­ pertinent facts : mable value of their service and the perils, privations, and sufferings WAR DEPART~IE~T, with which they were beset, allocontained in history, your committee re­ THE lUILIT.A.RY SECRETARY'S OFFICE, spectfully recommend the passage of the bill when amended as follows : Washington, February IW, 1907. In line 9, after " extended," insert " from the date of the passage of SIR: Referring to your letter of the 16th instant, relative to a reso­ this act." lution (H. J. Res. 210, 59th Cong., 2d sess.) extending the benefits In lines 10 and 11 strike out "participated" and insert "served." of existing Indian war pension laws to certam surviving officers and In line 4, page 2, strike out "who have died." enlisted men (and their widows) who r endered military service for COMPANIES B, C, AND D, TWENTY-FIFTH INFANTRY. thirty days or more in defense of the frontiet·s of the State of Texas ~§~i~~t5~~~ga~u~;r~f.dl1~6&,n1n I~d~~~ ~~pf;t?a;=~~n~e~~~':ie[;f~;~~W~~ 1\Ir. BORAH. Pursuant to notice, I ask the Ohair to lay· be­ as to whether the War Depar·tment holds that a "state of recognized fore the Senate Senate bill Ko. 6206. warfare existed durino- the period and in the locality named," and if so, The VICE-PUESIDE~'T. The Secretary will read the bill by whether the proposed beneficiaries under the resolution wet·e actual title. participants in the same, I beg leave to advise you as follows : Nothing has been found of record to show whether a "state of recog­ The SECRETARY. A bill (S. 6206) for the relief of certain for­ niY.ed warfare " existed in Texas between February 28, 1855, and June mer members of the Twenty-fifth Regiment of United States 21, 1860. In thls connection it is proper to remark, however, that in Infantry. XLII-311 ~962 CONGRESSIONAL RECORD-SENATE. APRIL 20,

:Mr. BORAH. 1\Ir. President, on the 13th of August, 1906, in shown furthermore that they manufactured evidence and the town of Brownsville and the State of Texas an occurrence placed it again.st the soldier , the evidence in this record is took place which has come to be to some extent at least ·a na­ overwhelming and conclusive against them. In other words, tional question. I presume almost everyone, whether in official without this interposing agency in the manufacture of te ti­ life or out of official life, has expressed an opinion in regard to mony and placing it against the members of the Twenty-!ifth this affair, and with the indulgence of the Senate, in as brief Infantry, the evidence becomes direct and positiYe, and, in my a manner as I may, I now propose to do the same thing. judgment, o-verwhelming as to their guilt. I shall not likely add any considerable amount of new ma­ It is therefore nece ury, in the first instance, to consider this terial to this discus ion. Probably I shall add none. But dur­ question of a counter conspiracy, because it inheres in the affair. ing the somewhat uneventful and leisurely days which a new It is a pa.rt of the defense, anu without it there can be no suc­ Member has at llis di posal it has occurred to me to go carefully cessful defense to the evidence. through the evidence, not only that which was taken by the As we watch this citizens' conspiracy operate we shaH find court-martial, but that taken by the Senate Committee on Mili­ that it is charged with doing not only improbable things in or­ tary Affairs, antl it has occurred to me also that I might be der to relieve this incriminating evidence, but what to my mind able in a limited way to assist in abstracting and epitomizing are im11ossible things. For in tance, the question of the shells and placing the evidence before the busier members of this and the bullets; without this was manufactured by some active body. Not much more than this is it my ambition upon this interposing agency, no member of the S nate would contend for occasion to do. a moment that it is not the most direct and positive proof of I think I ought to say, in order to remove a handicap, in the the guilt of the men charged. beginning of this discussion that I have no ambition to appear In order that I may not misstate it, because it is an im­ in any respect as answering the argument of the Senator from port:mt one, I want to call attention to the position which has Ohio [Mr. FoRAK~R]. I think it a very easy matter to present been taken with reference to this mutter. From the minority the evidence which is in the record that discloses who was report I read : guilty of the raid at Brownsville. But it is a task entirely· be­ . ~he testimony also . shows conclusively that it was possible for the yond my power to answer the Senator from Ohio. So I shall Citizens to have acqmred these cartridges from those left behind by confine myself entirely to the smaller task. the '.rwenty-Eixth Infantry. Mr. President, the first question involved here is a simple And again, in an ru·ticle published in the North American question of fact, and with the solution of that question of fact ne,'iew by the Senator from Ohio [ fr. FoRAKER], who under­ all other questions which inhere in this controversy readily stands the position of the defense better than anyone else per­ settle themselves. I apprehend that there can be no consider­ haps, it is said : able controversy between us with reference to the other ques­ The most careful testimony elicited only showed the animus of the tions which are supposed to inhere in the affair, if we shall citizens and a reason why they might have attacked the soldiers, but first be able to determine whether or not any members of the none whatever why the soldiers should attack the citizens. Twenty-fifth Infantry were raiders in the town of Browns-ville It is, perhaps, well to stop here for a moment and say that upon that night. In other words, if it should appear that a there might be some evidence, and there is possibly some, part of the soldiers of the Twenty-fifth Infantry stationed at showing why the citizens might have attacked the soldiers. Brownsville entered the city at midnight, when the citizens were But I submit that there is no evidence to a reasonable mind defenseless, and assaulted them in their homes, maimed a citi­ why the C'itizens should have attacked tllemselves. The soldiers zen for life, and took the life of another, I apprehend that no were not attacked. No bullet went in the direction of the gar­ one would contend for a moment that such men should be in rison, and no soldier was disturbed in the remarkably sound the Army. sleep which all were enjoying that night. Again it is said: If it should further appear that a considerable portion, or It does not seem to have occurred to anyone to investigate upon the possibility that some of the citizens of Brownsville might have shot up some of them, who did not actually participate in the raid, their own town for perfectly obvious and plausible reasons and evident necessarily must have known of it, they, too, should not be motives. members of or remain in the Army. For so far as the disci­ If these shells- pline and the good of the Army are concerned, it is immaterial Quoting further from the same authority- whether the parties actually participated in the raid or con­ If these shells had been fired from one of the soldiers' rl..fies they would ni--red at it or concealed knowledge coming to them by means of have been scattered over an area of some 10 feet in diameter. They co.uld not have fallen us the~ we~·e found, while the six clips found which the guilty persons could have been punished. With them would have held thirty rnstead of only seven cartridges. Furthermore, if it should appear from the evidence that, owing to the manuer and method of the execution of this con­ The shells in question evidently came from guns which were spiracy, owing to the manner and method of the execution of possessed alone by the soldiers. So it is said that fired as they this raid, it is impossible to separate the innocent from the were they would haye been scattered, and the inference there­ guilty, knowing that there are guilty parties among them, then fore is that some active agency had in the first instance stolen all should go, because the discipline and the good of the Army the shells and in the second instance scatte1·ed the shells at is paramount to a man's individual right to contract as a soldier a particular point in such u way as to disclose the act of this in the United States Army. I would not say that it is para­ interposing agency. mount to a man's right to liberty or his right to life, but I Now, in order to be logical with that proposition, if we assume that they had stolen the shells or had gotten hold of would say, unhesitatingly, paramount to the mer~ contractual right which exists between a soldier and the Government, be·· them, we must follow it a step further, and in a few moments cause the very object of having the Army and the object of Gov­ we arrive at the conclusion that this same agency was the ernment is to gi"ve protection to the home, protection to the agency which did the shooting up of the town; and therefore property and the Jiyes of the citizens. A.s was once said by we have opened up as an entirety a conspiracy on the part of General Lee upon a notable occasion, if there be those among the citizens, which conspiracy operated not upon the fort or them who can not be separated from the guilty, they must suf­ the soldiers but upon the home people, the wives of their fer for the general good, and certainly no one had a more ten­ friends, and finally succeeded in taking the life of their own der heart for his soldiers than Robert E. Lee. citizen. It is undoubtedly our duty to use eYery means at our com­ It is well to watch as we proceed the working of this con­ mand to ascertain the particular parties who are guilty and to spiracy, because, as I have said, without it there is no other segregate and separate the innocent from the guilty. But if it way by which to remove this evidence. The shells with which it was identified must therefore have been can not be done, there can be no question, in my mind, as to the fired on the target range at Fort Niobrara. That the shells pick~d up necessity of eradicating the cancerous growth even at the ex­ in the streets of Brownsville were not fired there was conclusively pense of some healthy fiesh around. shown through microscopic inspection and other ways. ~'he presence of those shells in the streets of Brownsville, which had There are a few general observations to make before going not been fired there, is sul!_gestively accounted for by the fact that to .a discussion of the evidence. The first is the nature of the Company B took with it to .t:Srownsville as a ,Part of its baggage a box defense which is interposed as an explanation of the incrim­ of exploded shells and a proportionate numbet· of clips, and that tbl box stood open on t~e back porch of B b!lrracks where anyone pas ing inating e-vidence against these soldiers. It has been found nec­ could have helped hunself. The conclusiOn seems inevitable that the essary, in order to relieve or explain the incriminating facts shells were found in the streets of Rrowns'\"ille becan. e some on for against the soldiers, to charge that there was a counter con­ some purpose had taken them from the box and scattered them thero spiracy among the citizens of Brownsville, which conspiracy on the night of the 1'll..ld. manufactured evidence so tbat it could be used against the And in the remarkably able presentation of this matter a few soldiers. days ago it was said: I do not l:e~itnte to my. and I believe that the discussions con­ It would seem more reasonable to suppose that if the sbootlng of Natus had any reference to the treatment of the SDldiers by the saloons, cerning this matter will disclose it, that without the existence of that he was killed by some one who objected to the saloons accommodat· that counter conspiracy, unless it is satisfactorily shown, and lng the soldiers. 1908. c·oNGRESSIONAL RECORD- SENATE. 4963

Corning back all the time to the active agency which was will not act; but it is manifestly certain from this record that operating upon the home citizens, and not upon those against both the citizens and the soldiers, upon the evening of the 13th whom they seemed to entertain an ill feeling. of August, 1906, entertained toward one another such a feeling Again, quoting from the minority report, it is said : as n-as calculated to cause a clash if the opportunity presented The officers ·and men all testify that except only on the target range itself. No one can read this record and come to any other con­ at Fot·t ~iobrara there never was in the history of the regiment any clusion. such double inset·tions of cartr id ~es or any occasion for such double Now, it might be said, and has been said, that this furnished insertions. It was the opinion of a ll the officers and men who testi­ fied on the subject that these double insertions ne>er could have oc­ a motive for the citizens to attack the soldiers. That is true; cm·red except only on the target range at Fort Niobrara. "' * * but the unfortunate feature of that, as a logical proposition, is The idea that the raiders would ur-dertake, in the darkness of such a that the . oldiers were not attacked, while the citizens were. So night, under such circumstances, to recover an ejected cartridge that had failed to explode in order that it might be teinserted in the piece is it clearly appears who acted upon the motive and who did not. utterly untenable. The same is equally true as to these cartridges I want to call attention to a statement here by one of the sho,>ing double indentations. colored soldiers as to what occurred before and on that night. • I have quoted thus for the purpOf:e of gett4Jg, if I can, the The eYidence is found in the record. I quote from Israel Har­ views of the different parties with reference to the explanation ris. He says in his testimony : of this evidence. But I want to call attention to another pe­ I thought perhaps the soldiers and citizens bad gotten mixed up in some way, and that was why I listened about this roll call. cu1iar feature of this conspiracy upon the part of the citizens. 9· Why did you think any of the soldiers were mixed up with the It has all the modern improvements. There is not only an citizens ?-A. Only from past events down in Texas. We bad bad some original conspiracy, but attached to it is also the conspiracy of trouble ; that is, they claimed-! do not know-that they bad been in­ sulted and intruded upon by some of the people when we had been sol­ silence, against which so much objection has been made upon diering down in Texas. the part of the soldiers, for, notwithstanding the fact it hap­ Q. Trouble between the soldiers and the citizens ?-A. Yes sir· pened some two yenrs ago, and notwithstanding some forty or trouble between the soldiers and the citizens ' ' Q. Shooting between them ?-A. We had some shooting down there. fifty citizens must lm ve been engnged in it, and others taken and for that reason I thought, perhaps, something similar to that bad into t.he workings of it in the way of reaming out the guns, happen~d. In other. words, I. ~bought they bad gone out and got into and so forth, some two years have passed, most of them have a shootmg match w1th the etbzens. That flashed across my mind as soon as I heard the shooting. I had beard there was some difficulty been on the 'vitness stand, and no one has ever revealed a about the rights of the soldiers at the bars. I had beard they were not single fact which would indicate the existence of such a con­ allovred to go into these saloons and be served; that they would not be spiracy so far as their direct evidence is concerned. ser-ved unle s they went around the back way. Q. So that from the talk you beard among the men within a limited It also involves the question of perjury, because it must have number of da)·s and from the previous occurrences you spoke of you bad been the original design of the conspiracy to fasten this testi­ reason to thmk there would be trouble between your soldiers and citi­ mony uoon the soldier by sworn statements upon the part of zens ?-A. I had reason to fear there would be something. * * * I bad heard before of depriving the soldiers of the bar privileaes and some one who ''as a member of the conspiracy. knocking this man down with a pistol and of pushing the soldiers off These are the positions of the parties who accept the view the gang plank, and all these things were discussed. that the soldiers did not participate in that raid and those who It is unreasonable to assume that the soldiers did not resent reject it, one claiming that it was a conspiracy upon the part this treatment; it is unreasonable to assume that, under these of certain members of the Twenty-fifth Infantry, the other, in conditions, they did not entertain some feeling of ill will toward order to explain it, claiming that it must have been done by the citizens, and they clearly disclosed by their eYidence that citizens of Brownsville. they did. 1Iajor Penrose Eays in his report of August 15, 1906 : Mr. President, I now come to the (]uestion of the local feeling That the enlisted men have been subjected to indignities since their which existed at the time. I desire to call attention noticeably arrival here there can be no doubt, and this has caused a good deal of to it, for the question of motive inheres in it. It seems that feeling among them and to one case I attribute this outbreak. when the soldiers were sent to Fort Brown there was some pro­ He then speaks in reference to Private Newton being knocked test against their being sent there. down on the streets. Immediately after they arrived this feeling manifested itself ·william C. Nolan, who was a soldier, says: in different ways. In the first instance, they were not permit­ I will not be positiye how many nights it was before the shooting but the negro that was bit in the bead with a pistol-! was on night ted to go to the bars to drink, except in certain instances they duty at the hospital that night-came up to the hospital that night after were given separate bars and permitted to enter the door to I had gone to bed. I got up and went to the door and asked what the bar through an alley. There is plenty of evidence in the the trouble was and he said "I am burt." I walked into the dispen­ sary, set him down in a chair and looked at him and found his face re~ord to disclose that this was not at all pleasing to these was covered with blood and he had several cuts about his bead. 1 soldiers. Notwithstanding the fact that it might be argued at got some water and washed him off and asked him what was the matter this time, or after the trouble happened, that it was not a He said, " I was bit on the bead with a six-shooter." I asked him who it · was bit him and he said, "Oh that is all right, we will get serious affair, yet the soldiers looked upon it as making a dis­ them --- some day." tinction which they did not care to have made. Again, one of the colored men was coming over from Matn­ Using words which it is not necessary to put in the llECORD. moras and he had in his possession a pen which he had pur­ This condition of affairs, which existed upon the evenin"' of chased in 1\Ie:x:ico. It was taken away from him and some words August 13, 1906, became so intense that the major in com~'lnd were passed between the colored gentleman and the customs felt it necessary to deny his soldiers the right to leave the fort officer, leading to some discussion at that time which disclosed that night; and such a condition, as some of the colored n manifestation of feeling upon the part of the citizen particu­ soldiers say, led them to anticipate that there would be some larly. Again, another colored man was pushed off the plank difficulty. into the river by a citizen and another, who was sent out to call :Kow, what was the occurrence? What was it that happened in the passes upon the evening of the disturbance, n-as greeted upon the night of the 13th of August? About 12 o'clock in a way that led to an unpleasant controversy between them. that night a posse of men-not a straggling individual here and Another party was passing along the sidewalk and a citizen drew there, but a posse of men-rendezvousing near the fort wall a revolver and knocked him down. Of course, this naturally led marched down Elizabeth street, into the alley on to Fourteenth to some feeling upon the part of the soldier, as was disclosed street, on to Washington street, and the different parts of the by the discussion which took place in regard to it after he town, and shot into the homes where they must have known reached the fort. Another affair which occurred was one in people were living, and shot in such a way as to indicate that which it was charged that a colored soldier assaulted a reputable they were reaching for the lives of citizens. They did not shoot woman residing in the town. All this led to an intense feeling at the chimneys nor at the honstops, but they shot on a level upon the part of the citizens, and undoubtedly to some resent­ with where the people would be in the houses, and there was ment and feeling upon the part of the soldiers, because it was not a step nor a movement upon the part of this conspiracy from by renson of this that the pa ses were cut off and the soldiers the time it rendezyoused at this fort wall until it returned were ordered to remain in the fort that night. again that did not indicate a determination upon the part of Everyone who has lived near a fort or knows anything in those participating to take life wherever they could find it. It regard to it, knows that the soldier loves his pass; and the very was not a drunken debauch; it was not the act of straggling fact that the soldiers were placed in a position by reason of this citizens. It was the act of men actuated by hatred, by ill wiil disturbance where they could not enjoy the ordinary facilities and seeking for lives they finally got, or at least some of them. and conveniences of a fort led to discussion among them, as the This should be borne in mind when we are asked to believe evidence shows, with reference to these particular matters. All that the citizens went out and assaulted their own people. these occurrences and disturbances were discussed by them, as I want now to call attention to some of the first reports which stated by the soldiers themselves, prior to the disturbance that came in in regard to this matter, because it occurs to me that night. It is impossible to say how much it takes to furnish a they are a necessary part of this record. Major Penrose in his motive for a criminal action; it is impossible to say, where race telegrnrn to the President, says: ' I believe the shooting was done by enlisted men in this place, but prejudice inheres.. upon what men will act and upon what they have not as yet been able to detect the guilty parties. 4964 CONGRESSIONAL RECORD-SENATE. APRIL 20,

Again, he says, l:lter, after haTing made his inTestigation : LETTER Oli' G:CXERAL ~ETTLETOX, -oVEMBER 27, 1906. I am not only conylnced that it was perpetrated by men in this There was simply a cold-blooded conspiracy of the most cowardly possible sore to terrorize the entire community and kill or injure men, command, but that it was carefully planned beforehand. women, and children in their lJomes and beds or on the streets, anti I want the Senate to remember that at the time iUajor Pen­ this at an hour of night when concerted or eJiective resistance or de­ fense was out of the question, and when detection by identification of ro~e mnd.e that report he knew all about the question of the the uniformed criminals outside of the garrison was well-nigh impos­ gun racks. Tie knew all about the question of ammunition and sible. of the cleaning of the guns, and as to the roll call and eYery I read now from the testimony of Lieutenant Grier. He said : other feature, except one to which I shall call attention later­ The circumstantial evidence was such that no reasonable man could all thoroughly understood by the commandin"" officer of this think, hardly, but what some of the sohliers had been implicated in it­ battalion at the time he sent this message to the President. a re3sonable man could not come to any other conclusion at that time. Not a single circumstance, exceiJt the one to which I will call I am aware that these men afterwards modified their views-­ • attention, has been deTeloped since that time, which was not a proposition to which I hope to come later. fully in the mind or within the 1."1lowledge of the command­ Captain Macklin says: ing officer of this battalion at the time he sent that telegram It looked to me as though the men had done the shooting. It seemed to the President that a part of his men had been out and com­ so on account of the shells. It looked very much so. I continued of mitted this crime. that opinion right along. I could not believe anything else. Some one has said that there was undue haste. Where could It is well to bear in mind here that Ca·ptain Macklin is the thete be more direct evidence of the unfi tne~s of men to be man who found the shells bunched, and this fact was a fact members of the Army than the statement of the commanding known to him nt the time he came to the conclusion that they officer who had and has always shown that he was and is in were guilty. The only man who eTer saw these shells in that sympa,tby with the colored soldiers? condition was Captain Macklin, and he was in full possession .Major Blocksom says : of the information at the time he came to the conclusion on that Thut the raiders were soldiers. of the Twenty-fifth Infantry can question that these men participated in the raid, and eTery not be doubted. The eviden-ce of many witnesses of all classes is con­ other fact and circumstance, save one, to which I will call atten· clust-ve. The shattered bullet shells and clips found are merely cor­ roborative. tion later, was then within the knowledge of this officer. Kow, we come to the direct evidence in regard to the affair. I uo not knDw Major BlockEom,. and you will ha-.e to take his These were but collateral matters which it seemed necessary_ antecedents from others. The President bn,s said in one of his to go over before taking up the direct evidence. I call atten· messages that be was born in Ohio. Of course that is entirely tion, in the first place, to the condition of the night and to the to hi-S credit. The Senator from Ohio, in answer to that, says that his father was a Democrat, for which, of course, Major lights of the city. It has been suggested that it was impos­ Blocksom i greatly to blame. I shall not undertake to answer sible to see under the conditions in which these parties claim they saw the soldiers. In the first place, there were two large either one of these charges. I simply My that 1\Iajor Block­ lights over the gate which marks the entrance through a fort som's report agrees entirely with the report of 1\Iajor Penrose, wall into the garrison. Then there were three lights upon \vho was at all times and has at all times been in sympathy Washington street, and three lights upon Elizabeth street, aside with the Eoldiers. The report of the assistant United States from the lights which were in the houses as testified to by the district attorney of Texas, September 6, HlOG, says: witnesses. The city of Brownsville without doubt has sufl'ered a terrible and unreasonable attack by soldiers who should ha-ve acted just the oppo­ I want to call here attention to the testimony, not of a citi· site in affording them protection. zen, but to some of the other parties. Israel Harris testified: I want to call attention to a resolution which was passed by Q. .And you do not think anybody came into that entrance while you were tllere?-.A. No, sir; I do not think a soul came in.-Q. Was there the friends of the soldiers a short time after this occurrence, light enough so you could have determined if anyone had come in?­ but after a large portion of the facts had been printed. This is A. There were a couple of lights over the gate.-Q. Oil lamps ?-A. a resolution adopted by some of the colored citizens of Boston: Ye , sir. The light was clear so that I could see as well as I can in this room. Brooding on repeated insults and outrages, a few of these colored soldier· went into the town on the night of Augu t 13 last, with their This is the statement of a colored soldier, and he is speak­ guns. determined to do for themselves- what the uniform of their country ing with reference to that particular place where ~lr. Rendall could not do for them and what th~ police power of white Brownsville says he saw these soldiers rendezvous right there umler the would not do for them, to wit, protect them from such insults and outrages and punish at the same time the authors of their misery. lights at the gate of the garrison. 1\Ir. Harris say the light was sutficient so that he could see as well as he could in the If we want to understand the motive, and that which the col­ room where he was sitting. ored sol

Western Union Telegraph Building. I did not see anyone jump over I ~ant you to bear in mind that he does not claim to have the wall. The wall was not always in my view, for when I would be illentified as soldiers all the men whom he saw, but he does looking down the street the wall would be at my left. At tbit par­ claim to llave identified those ~hom he saw passing under the ticular time I was in a position where I could have seen them 1f they bad jumped o;er the wall. These men came up to the mouth of the lights ~llich have been described by Israel Harris, and about alley. I got up close to the Yturria fence and moved away from them that he s..'lys he can not be mistaken. as swiftly as I could. They came up and turned in the alley, then It ls claim d that this witness is contradicted by McDonald I came back to the corner and watched them. They were very nearly and by the fact that he is blind in one eye. Let us see. Mc­ through the alley. They were negroes in United States uniform. Donald li,·ed upon the corner of Adams street and Fifteenth Again, l\Irs. Rendall testifies that she went to the window and street, over two blocks away. Rendall says that when he lleard saw these parties at the same time, or practically the same five or six shots the men immediately went over the ~all. Mc­ time. A little incident occurred here which, it seems to me, Donalu mys he heard five or six shots and that he then got up indicates beyond a question the veracity of Mr. Rendall and from his bed, partially dressed, went down to Fifteenth street, Mrs. Rendall. At the time that they ·were standing near their and from Fifteenth street ~ent down to what is kno~n as the window a shot was fired which passed through both sides of alley bet'i\"'een Washington and Elizabeth streets, and after he the house and within a few feet of the old lady, 1\Irs. Rendall. had reached this alley for the first time he saw the soldiers. If we will stop to consider that incident alone for a moment, it It is not claimed by 1\Ir. Rendall that he saw the soldiers go indicates to a reasoning mind who it was who was doing the over the ~all at the time that Mr. McDonald ~as in a vosition shooting. It does not seem possible that the citizens of that to s-ee them if they had gone oyer the wall. Rendall says that town would haYe organized a c0< * Just as I glanced at them, there was a shot Q. You see them distinctly ?-A. Yes, sir. to the left that drew my attention that way. * * • I looked up Q. You have no trouble in distinguishing parties ncar you and you to the left and saw a numbet· of men. ten or twelve, and as my vision would not if they were farther away ?-A. No, sir. rested on those there were two shots fired. • * • Those shots were Q. Now, do you see in the daylight at that distance without your inside the inclosure of the barracks. The men were grouped together. glasses ?-A. Yes, sir. They were apparently coming from different places. I moved from Q. Distinctly ?-A. "Well, not as distinctly as I can with them. one window to another. 'Yhen I looked at them again, on running Q. You can tell kow men were dressed 100 feet away from you in to the window overlooking the garrison~,. they were close to the wall inside the garrison. They were huddlea in there, apparently, and I dayligbt?-A. Ob, yes. could see from the reflection of the light. • * • The next thing I Q. Without your glasses ?-A. Very well. saw of these men they were going over the wall, and after they got Q. Tell the color of their clothes, whether they had on hats or into Fifteenth street I could not tell which way they went. They caps, and all such things as tbat?-A. Certainly. were out of my sight. * * * The only men I identified sure were those first seen when I was looking out of the window. They were ·we come to another incident in ~hich the eyesight of this close up under the light. I think there were five. They were colored man was tested. For another purpose it became essential men with the Army uniform. They collected together, apparently with apparently to show that immediately after the roll call one of the intention of going over the wall, at one place. • * * My bouse was shot into that night. 'l'he shot passed through five thicknesses the officers took his soldiers out into the town, and Mr. Rendall,· of lumber, through my mosquito bar, over my bed, and through four standing at the same window, looking out from the same point, thicknesses of lumber on the other side. At the time it penetrated and with the same eye, distinctly identified what was going the bouse my wife and I were looking out of the window facing on on, as is proven by those who contend that he did not have ~l!~:b\~h~c~t)e~~w ~nsl~e ~f {b;~aYJ~sitive these men were colore::l sol- good eyesight : James P. McDonald lives at Brownsville. On the night of the 13th of August was living on Adams street, near fifteenth, on an irregular Q. You remained there, looking out of the window for some time?­ block there. I fronted on Adams street. I was in my house on the A. Yes, sir. Q. Did you see a company form and march into town ?-A. I saw night of the 13th1 and I heard some shooting. The first thing I heard wa~ some shots t:hat night. They seemed to be down toward Eliza­ a squad. I do not know whether there was a company. beth street. I bad no window looking out that way. There was a Q. Then, bow many ?-A. I did not count them. window toward the gat·rison wall, but there were two houses between Q. Can you give us an idea ?-A. I should judge there were Gfteen me and the garrison wall, so I could not see the garrison from the or twenty. Q. Did they come"out at the gate?-A. Yes. sir. window. * * Q I heard some four or five or six shots. I had not retired for the night; I was laying down, but not fully undressed. Q. Were they under command of an officer?-A. Yes, sir. When I heard these shots, I got up and put on my shoes; probably I Q. Where did they go when they came out of the gate ?-A.. They picked up my hat. and I proceeded down Fifteenth street and then came out of the gate and turned and went up on the sidewalk. There down to the alley between Elizabeth street and Washington was a mudhole in the street there. They came up on the sidewalk, passed right tbrongh on my sidewalk, and went up Elizabeth str.&-~1:.. street. * * * I took about two or three minutes to get down. When Q. They went up Fifteenth street, didn't they ?-A. No, sir; Eliza­ I ~ot to that point there were two shots fired-that is, at the alley I did not see anybody in the street in front of the wall until just beth street. !l.fter I beard those shots. Just after the shot was fired I turned my Q. Captain Lyon testified how be took his company and went out attention down the street, and I saw some men collecting right at the and patrolled the town.-A. He took his company up Elizabeth street corner of Elizabeth and the garrison wall roll.d. It looked to me like to Twelfth street and then turned up. there might have been eighteen or twenty. They were out in the street. They had guns and bad on uniforms Identifying tile captain and those who were in charge of the I could see them quite distinctly. They were right up against the soldiers. ~966 OONGRESSION AL RECORD- SENATE~ APRIL .20,

Of course, it is an admitted fact that he had only one eye, the fight was going on. That she did these things is unques­ bnt it does seem clear from the record that he used that eye tioned. She is another witness who saw, and has narrated with with considerable success upon that night in both instances. rare certainty, with circumstantial certainty, precisely what I call attention to the testimony of another eyewitness, who she did see. She said : certainly was not a member of that "citizen's conspiracy," a My husband was a soldier In the Eighth Cavalry. I have lived in man who was in a position to see and to know and to feel, be­ Brownsville all my life ; am a hotel keeper. My house 1;1 on the corner cau e ation and was a member of the conspiracy when he lost his arm in at­ with his opportunity to see could have been mistaken. He tempting to save the lives of the citizens of that town. There says: mu t be orne other reason alleged besides a citizen's con­ Age, 54; business, land and lmmi~ration ; born in Detroit, Mich. ; graduated at Ann Arbor, class of '7~; married. Was in Brownsville spiracy before this direct and incriminating evidence is taken the night of August 13, 1906. About 11.55 on the night of August from off the shoulders of these men. 13, I was sitting in the alley window of our bedroom in the Miller Hotel, on the second floor, when I heard shots in the direction of I come now, after passing several other witnesses whose testi­ the alley toward the fort. I noted the time. It was five minutes till mony I will ask to insert in the RECORD, to the testimony of 12. I counted about sixty shots before they arrived at our window. another witness, and that is Amada Martinez, a working girl, I called my wife, and she and my little boy came to the window, and I beard persons on the run coming toward us in the alley from the di­ who was in the house owned by the Cowen family. This to me rection of the fort. And when they had passed our window I counted is one of the sh·ongest pieces of evidence in this affair. Here six negro soldiers, three abreast. in two columns, with one soldier run­ was a girl n-ho could not ha>e had any membership in a con­ ning along the side who stopped across the alley oppo ite our window, and one large negro soldier gave the order "halt" and said, "There be spiracy. She could not ha >e had any considerable feeling with goes, shoot," and they fired a volley. reference to the situation which pre>ailed, and upon the night Immediately one other negro soldier joined them from the same that the Cowen house was attacked she went to the window direction from which the other seven had come. Then there were four more negroes followed and joined the other eight. These four came when she heard the shots and undertook to close the window ahead from the direction of Fort Brown through the alley. Before the blinds. When she looked out of the window, there were facing first soldiers arrived I noticed a large black dog running through the her, vi'ithin 5 to 10 feet, ten or twelve men, whom she says she alley ahead of the soldiers, and supposed it was a mad do~ they were chasing and shootina at. Then one large soldier stepped oack to the identified without any question. now are you going to take center of the alley ~ightly in the rear of the other eleven and raised away the testimony of that kind of a witness? What reason his gun, and another volley was fired. Immediately following this for perjury on her part? That she was in a position to see is report a large negro with a freckled face fired point-blank at us. The ball from his rifle passed through the lower window sash and up in to undoubted, because they shot the lamp off the table within 2 the ceiling, and the bullet fell back upon the floor. I picked it up the feet of her. That she saw, according to her belief, can not be next morning and later forwarded it to the Secretary of War. We gainsaid; and no reason can be suggested why this witness had a lamp in the room burning. From the flashes of the guns I could see the soldiers distinctly, and I discerned their uniforms and dress should go upon the stand twice and testify to a deliberate false­ and the color of their faces. Seven of the soldiers had on their usual hood. I call attention·, too, that twice she appeared before the dark-brown uniforms. Four were without jackets, one without a hat, ablest counsel in this country, where she was subjected to cross­ bareheaded, they all carried rifles, and one carried a revolver. When the two volleys were fired the negro soldier that gave the order said, examination, and she did not >ary her testimony the width of "We got that s-- of a b--." I heard a heavy fall as of a horse a hn.ir. If it had been false, it could not have stood the test. or some animal and a groan which sounded like a groan of a dying She simply saw what she saw when she saw it. horse. Then I heard a scream from a man, and immediately following this I beard some running northward up the street which faces the You might say that the owner of a saloon, a gambler, a rowdy Miller Hotel, which is Elizabeth street. Then an order was given to about town, was a member of a conspiracy to kill their own, "shoot this way," and a volley was fired to the right on Thirteenth but you can not say that the working girls of that town and street. Then they crossed Thirteenth street nearly to the opposite side and people from all classe were members of that conspiracy and fired a volley into the Miller Hotel. I had left the window facing on satisfy a reasonable mind upon the proposition. There is only the alley and had gone to the Thirteenth street window 1\fy wife was one explanation given, and that is that the members of this opposite me. I saw twelve men at that point. I counted them and said to my wife, "There are just twelve of them." After firing at the :Miller home citizens' conspiracy darkened their faces, stole the uni­ Hotel they pas ed northward up the alley. Some may have gone east forms of the soldiers, marched down the sh·eet, and tried to kill on Thirteenth street without my seeing them. In about two minutes this working girl in the Cowen house. after they passed northward I counted five more shots, and in about two minutes twelve negroes appeared again, going toward Fort Brown, I now call attention to the testimony of 1\Irs. Kate Leahy, and crossed Thirteenth street and entered the alley at the rear of the who kept a hotel. She said she does not know what physical Miller Hotel. They were going double-quick and passed out of my eight. I did not hear any more shots. The lights from the street ?'amp!:! from fear ie, and I agree with her. She hid two policemen that night, Elizabeth street and Washington street gave us plenty of light to dis­ and went across the street and took care of the family while tinguish them plainly and their dress and to tell distinctly that they 1908. CONGRESSIONAL RECORD-SE"N ATE. 4967 were negroes. I could see their faces distinctly when they looked up Q. How many of these- men did yon see 1-A. I saw two men who toward the window, and I state positively they were negroes in United had soldier's clothes on-that is, they were dressed like soldiers, the States uniform . same uniforms,. leggings, etc. $ * * There was a great deal of excitement. The women were screaming and hysterical. I now call attention to the evidence of the following addi­ JOSEPH BODIN.-Railroad fil"eman. Was runn..ing with C. B. Ch~ce tional eyewitnesses: on August 13. I was stopping at the Miller Hotel. I was awakened P.ADRO"".-\Vhen I had concealed myself in the obscure place when the by the shooting. I first heard several shots in the direction of the bar­ lieutenant crossed the alley and had gone a short distance I saw thre-e racks, and then I heard a: volley or two afterwards. The shooting soldiers pointing in the direction he was going, and they said, "There came up in the direction of the l'lliller Hotel. I did not go down at all. goes one; fire at him." Then I saw the three fire at him, and I saw 'The Miller Hater is on the corner of Thirteenth and Elizabeth streets. others coming. I knew they were soldiers, because they wore the uni­ While they were doing the shooting around the Miller Hotel I was in fot·m of soldiers. the window, and while at the window r heal"d the footsteps of a horse CII.ARLES E. H.A.:ln·I0?-.1).-Toward the alley from the window is a door. coming from Washington street toward me. .Just as I heard them 'The shooting seemed to be all around the hotel. While I stood in that coming, with a: man on him, I heard shots, and they were shooting at corner I heard a man go by on horseback, and I heard a niggc.r say him as he passed under me, and when he got to Elizabeth street the ''There goes the s- of a b--; let him have it," and I heard a muf~ bor c fell. I looked and saw two men dressed in United States uniform fled conversation. I do not know whether I could see every shot, but I crossing the street, and just as they got about 10 feet en the far side could see the flashes of the gun through the crack of the window and of the alley, they turned and fired in my direction, and then I went in under the door. and did not come out no more. RA.?.IIREZ.-The lieutenant went on crossing the alley. He crossed Q. Did you form an opinion us to whether they were soldiers or over the alley and I remained at the outside about 30 feet from him; not ?-A. Yes, sir; they were, according to the clothes they wore. Q. Have you ever ha~ny doubt since ?-A. :No, sir; I could see dis­ that is, 30 feet from the point where I was to the mouth of the alley. tinctly the character of the uniforms, and I think they were soldters. As he crossed the all~y I heard a voice within the alley which said as A.. N. M.ACKEY.-M.y age is 3(). I am a banker. Formerly lived ia follows: "There goes one. Is he a soldier? It not, give him heU." Iowa; native of illinois. I am in the banking business. I was in * * ~' I remained there. The lieutenant had passed the alley a Brownsville the night of August 13, and stopped at the Miller Hote4 short distance when the group of soldiers came out with carbines on the second floor in the front room. I beard severe firing. It seemed and fil"ed at him. The light which shone through the window of the to come from toward Fort Brown. The firing seemed to be fierce o>er closet of the hotel, together with the light on the corner of. Washington toward the fort, and then it came up the alley back of the hotel. In street, gave sufficient light for me to recognize them as soldiers. the first place, the sound appeared to start fl"om Fort Brown, and then * * * After they shot they said, " Here are two more," and when the character of the report impressed me as not being that of an onli­ they said, " Here are two more," I immediately left the point and nary rifle or sporting gun. I was not alarmed at firs4 but the people retreated rapidly, at which time they fired at us. * * * in the hotel were, especially the women and children. They were Q. Did you recognize whether they were colored soldiers or not?-A.. screaming and were hysterical. I saw two marks in the hotel; bullet Yes, sir ; they were colored soldiers. marks. I went down to the Cowen house the next morning. and it was Q. How did you recognize they were colored soldiers ?-A.. Because literally riddled with bullets; must have been twelve or fifteen. I saw them with my eyes. Jos:m MABTINEZ.-Lived at Brownsville. Clerk in a drug store. My C.A..'UDA.-Newspaper business. As this policeman and his horse home was in Brownsville on the night of August 13 right in front fell I beard voices that I took to be the voices of negroes. I do not of the bal'l"acks, between Washington and Elizabeth streets, at the have the least doubt about it. corner of the alley and Fifteenth streets. I was keeping batch. .Just V. S. FER""AN_DEZ.-Twenty-fiye years of age; reside in Brownsville; before 12' o'clock I beard four or fi-ve shots at the same time. I had been on the pollee force about three years ; deputy sheriff before that. not yet gone to bed. The shot was right in front of my door, inside When I first heard the shooting I was asleep on Washington street. I of the garrison, between the garrison wall and the bruTacks. Whe::1 heard the shooting down toward the barracks. I ran down Ele-venth I heard the first shots I tried to go out and see what was the h·oulJle street, and from there to Mrs. Bolack's on Twelfth street and there I and I heard voices calling ·• hurry IJ1) " or •• jump." I blew out the heard lli. Preciado hollering for an officer. I went there 'and I named light and Iay down on the floor. I couid not say positively that I him and another man by the name of Alanis as officers. I saw Frank saw people go over the wall, but I beard them jump. Some moments ~ atus lying there wounded. Preciado was shot in his coat and his after I heard people running toward the center of the town :Uong the hand was wounded, and about 3 feet from the cistern in the yard was alley. I saw four or five. I could distinguish the uniform, but it Frank Natus, a young boy about 20 years old, lying down. I did not was impossible to distinguish, or, I did not pay any attention to the see anyone who did the shootin;r. countenances. * * * The four or five men whom I saw went VALDEz .CALDEROY.-L~ve in Brownsville for twenty-five years; was toward the Cowen house. There were others, but I could not see in on the police force for e1ght years. I heard the shooting that night of what direction they went. They had guns and carried them with the ;August ~3. . Did not see any of the parties. I first heard shooting stock at the hip. I recognized them as soldiers. I lay down on the m the directiOn of the gate of barracks and near Elizabeth street and floor because I was afr:lid. * * *" After the parties passed my !Jten it .wen~ in the direction toward the center of the city. I 'went bouse, the next firing I heard was in the direction of. the center of the m ~he direction of the shooting two square§. I be-ard. many more shots. town. I heal"d a great many shots, possibly 150 or 200_ I did not go_ down an<;} attempt to arrest tJ!1!m. One of my companions, who was .with me, Rxvas,. w~o bad been a. soldier, said : •• Those shots Cross-examination by Senator FOSTER: are ~ot pistol shots, but It Is a gun of the soldiers." I then went to A. There is no doubt about my hearing those men jump over the the city hall to receive orders. wall and there is no doubt whateverr as I saw them with my own eyes, HERBE~T ELKI~s.-A.bout 18 ;v~ru·s of age ~ live in Brownsville. that t~ey were dressed in uniforms and carrying guns. I could not On the mght of August 13 was llvmg at the Leahy Hotel in the sec­ recognize the faces, but I could see they were dressed in United States ond story. I had just gone to bed whe-n I heard the first shot. I was uniforms. and bad guns. not asleep. It ~ounded like. it was just about the post wall. I sat up and was leamng on th<" wrndow and saw two men running up toward 4· H. SANBORN.-Reside at Brownsville ; manager of the Western Fourteenth street, and when they got about 6 or 8 or 10 feet from Un1on _Telegraph Company's office. Held that position for thirty years. the mcmth of the alley one. of them ran into a soft, muddy place The mght of the 13th I was sleeping in my room immediately at the and called to the other man not to run ahead or he would get in the re~r of the te!e:f,rraph office, same building. I was. awakened by h~avy mudhole. They stepped out there and fired two or three shots in firrng. 'I'be report was evidently of high-power rifles-some seven or Cowen's bouse. Then they reloaded and emptied their guns I suppose · eight shots. I had no idea in the world what it was. I got up and a~yway, they fired about five rounds apiece, and one had trouble with ?Pened the slats of the blinds an~ looked ont, and just as I was look­ his gun, and both of them together fixed it. They then ran on up the mg I saw come along by the whitewashed gal"rison fence-and I saw alley_ and .across Fourteenth street, back of the hotel. They ha.d on plainly, be-cau_se there was a lamp on each side of the large gate--I khaki leggmgs and pants, and one of them had a blue shirt and a belt saw a man gomg along. He was a colored man in uniform and had his The other man was dressed in the same way except that he might gun. I could see him very distinctly. The lights over the gate showed have h_ad on a coat. After these men had passed across Fourteenth him plainly against the light. gray. wall. He was probably not over stre~t mto the alley. back of the hotel, I saw a bunch of soldiers, negro 25 or 30 feet away. I recogmzed him as a colored man and a soldier. soldie~·s, com~ runnrng up the alley. They turned around the corner CHARLES H. THORNE.-Age 1>0 years. Resided at Brownsville. .Am and du·ectly m front o~ the Cowen house into Fourteenth street. They a dentist. I was in my house the night of the 13th near the Miller stoppe~ between my wrndow and the Cowen gate-. They stopped as if Hotel. I was about to drop off to sleep when I beard fuing. I did not they did not know what to do. and then I heard a voice calling to at first tu.rn over, put when ft kept up I began to think something was them. Then they turned around. The voice said something like this · up. I raised up m bed and I found the firing was comin"' nearer. ·• Come this way," Ol' "Come here!' They then went toward the voices It was Ot;J. my right~ towa:rd the garrison. It came ne!ll"er and nearer. toward ~e window and I stepped back. They shot two or three times. After wh1le, when there was such a number of them fired I concluded I recogruzed them as negroes. I could tell that. Of course some that the soldiers were trying to terrify the police and I thoucbt I would were standing behind others. They had on khaki uniforms worn by get up and look out. The window was up and the blinds 'Were closed soldiers. Those in front I could see had guns. * * * I occupied and I could hear them. I could tell from the voices they were nezroes a room next the alley. My window fronted on Fourteenth street. talkin~ to themselves, and one of them spoke in a loud tone of ;oice, FRED E. STARCK.-Thirty-nine years old; married; have a. wife and referrmg to some one who was down the ailey, evidently, saying, '"'There seven children; my residence in Brownsville is on Washington street they go," or "There he. goes," I do n:ot remember which, and one said close to Thirteenth stree-t. I was at home on the fiiuht of Au""ust 13' "Give him hell." I was pe.riectly satisfied at the time they wer~ The Miller Hotel was situated southwest from me. "'There we~e eio-ht negroes from their voices. I had no doubt of that whatever. At the shots fired into my house. Every bullet which went into the house time I heard their voices I was about 30 or 40 feet from them. went clear through it. I went out next moming and· picked up some Y. GARZA.-Clerk at the Yturria House. Ltved in Brownsville about thirteen years. My mother and father are Mexicans. On the ni""ht shells, and I think they were Springfield rifle shells. I picked up the 1 ~hells right in the middle of the street in front of my house. My house , of the 13th I was at my bouse, which is on Fourteenth street between IS about lo ol.' 16 feet from Mr. Tate's house. Washington and Elizabeth streets. I am right in front of the Cowen C. B. CH.A.CI:l.-Locomotive engineer; 51 years of age; native of house. I am a. married man. I was awakened by some shots in the Massachus~tts. Was stopping at the Miller Hotel the night of August direction of the garrison. Then I heard the shooting by the alley 13. I retued as usual about 0.30. I was awakened by a volley of where I lived. It was high-power rifles. Then there was some shoot· shooting over toward the barracks. I got up and looked out of the ing in front of the Cowen bouse. It seemed to me there were about window. After being there a short time I heal.'d four or five voices thirty sh()ts there. I did not see any of the persons who did th.e shoot­ holler, "Put out that light." I glanced farther up the street and saw ing. My wife and I were very much frightened. I could he!ll" the the lieutenant of police turn into the street on horseback. I watched working or pumping of the guns. 1\ly wife and I both couid bear that. him comin~ down the street until he passed under my window, and When I entered my house after the shooting I could hear some one run­ just after ne passed under my window I saw two meg coming out of ning through the alley-sounded like three· or four running in the the alley back of the Miller Hotel a.nd cross 'Thirteenth street and direction of the post. when they got on the opposite side of the street they stopped and fired ?lfRs. HELEY MooRE.-A.gc, 43 ; am in Brownsville in the hotel busi­ several shots. I heard the bullets whizzing around my window and I ness, the Miller Hotel, situated on the corner of Thirteenth and Eliza­ ducke~ my head and got away. A. few seconds after there was another beth streets. I was in my room the night of the 13th. IIad gone to volley of shooting on the side of Thirteenth street, under my window. bed when the shooting commenced. My room was in the second story. After the shooting was all over I got up and looked out of the window • When I first heard the shooting it was in the direction of the barracks. and saw the horse of the lieutenant lying down on Elizabeth Then it came straight down toward my bouse between the alley. I street. * * "' stood there and watched out of the window until they fired another vol- 4968 CONGRESSIONAL RECORD-SENATE. APRIL 20,

ley right at the corner of the alley on Fourteenth street, and we could see the flashes of the guns. Then they came right down the alley Is there any other exl)lanation than that? Yes. One other, toward the hotel. They were shooting as they came, and we dropped and that is that the citizens' committee took these Krag rifles right down below the window and crawled into the hallway, and then and went to a machine shop and had them reamed out, so that 1\Ir. Gold mitb, the young man boarding with us, hollered not to put our heads out of the window, that it was the soldiers shooting up the they could fire the other shells. I can imagine a blacksmith in to,nl. I was very much frightened. I heard one of the soldiers say, Brownsville reaming out a Krag rifle so as to fire a Springfield " Shoot him, the s- o- b-; there be goes ; get him." I could bear rifle shell, and yet these are the impossible and the improbable the pumping of the guns like as if they were reloading. The eft'ect things which you have got to explain as having been done by which this shooting had upon the people was awful. There wasn't any ladies that would go on the streets until those niggers left there. the citizens' con piracy before you remove the dil>ect evidence They were frightened to death. · of the guilt of these men. Mrss MAYFIELD.-Reside at Brownsville, Tex. Was at Brownsville Again, another incident. These bullets were afterwards exam­ the night of the 13th. Was asleep in my room and was awakened by the shooting. It seemed to be in the direction of the barracks. Then ined and found to contain lead, antimony, and tin. It was found it came from toward our house, then a volley was fired which went that the Government contract with this company called for only into the Cowen house. Then they went down the alley behind the lead and tin. Therefore the composition of the bullets eemed hotel, shooting as they went. I was in the hall at this time. There is a window opening from the hall right into the alley. The window to be directly against the theory that the soldiers participated was open. I could hear the parties who were doing the shooting talk­ in the raid. But further in\estigation disclosed that back in ing. I heard them say, "There he goes down Elizabeth street; shoot 1905 the same company, in making its bullets, u ed lead, tin, him." They used some profane language. It was certainly negroes' voices. I could distinguish their voices very easily. They were right and antimony; and that is proven beyond dispute in the record. under the window. Then, going a step further, it is disclosed that a part of this Mrs. COWEN.-Live in Brownsville, Tex. ; have lived there every since ammunition which was manufactured under that contract, and I was about ten months old. I was in town the night of the 13th of which was an exceptional manufacture, was issued to Fort Nio­ ;'_ ~gus t. My house is the corner of Fourteenth street and the alley-a small one-story frame building. There bad been a childre.n's party at brara and went to these soldiers. Nothing but a Divine re\ela­ my bouse that ni~ht. I think they had left about a quarter of an hour tion could be stronger evidence against these men than that. before the sbootmg. I was dressed sittinO' at the table when the shooting commenced. When I first heard the shots the children ran It >ras not subject to be manufactured. It was not within to me and called out "fit·e." They thought it was a fire. I thought the power of anybody in Brownsville to change it. It was the soldiers and the policemen had gotten into a clash. Mr. Cowen beyond the reach of the citizens there. I submit that no expla­ bad gone out for lunch and I kept looking for him. When I heat·d them I told the children to get under the bed. They got under the nation of that incident can be given which is not only con­ bed. The Mexican servant girl went to the window and she saw the sistent with, but is direct proof of, the guilt of these men. So soldiers right at the alley fence, my alley fence. She saw them put a we ha\e the direct evidence of some fifteen or twenty wit­ gun over the fence and blow out this lamp on the table. She was not 3 feet from it. She fell down and crawled into my room. After­ nesses, coming from all walks of life, all profession , and all wards Mrs. Leahy, the lady across the street, called out to us and she trades, and these circumstantial facts going directly to the said, "Shall we come over for you?" and I said, "I wish you would." proof of the participation of these soldiers in the Browns­ We went back with them. There were twenty-three bullet holes found in our house. ville raid. AMBROSE LITTLEFIELD.-Age 26 ; had been deputy sherift'; was in l\Ir. President, to say that these guns were reamed out or Brownsville the night of August 13 at the Rio Grande Hotel. l\Iy that the citizens stole the shells might be sufficient before a mother and father were proprietors of the hotel. It is on Jefferson street between :E;leventh and Twelfth. I had just dropped oft' to sleep jury to sa \e a man's life, but I submit, in the interest of the when the shooting commenced . . I put on my shoes and pants and hat great Army of the United States and its honor and the wel­ and coat, and that was all. The shootin~ was in the direction of the fare of the home and the protection of the lives of the citizens, post. I recoanized them as high-power nfles. I went down Elizabeth street until Y came to the alley between Washington and Elizabeth that it is not sufficient upon which to keep a man in the United streets, and I turned down the alley toward the post. When I got States Army. We are not trying men for murder or imposing middle way between Eleventh and Twelfth streets in the alley I seen punishment for crime. We are to determine whether or not a shot fired in front of me and I heard a number of others. I could see a crowd of people in the alley in front of me. I followed them these facts are such as justify us, as was so well said by the as they went around the corner of the alley into Thirteenth street. Senator from Virginia [:Mr. DANIEL], in untying this contract I passed the Ruby Saloon and was probably 20 feet past the door of with the Government. the Ruby Saloon. I stood there until the firing stopped and then went to the corner of the alley on Thirteenth street, and I saw a bunch of Passing on, I call attention now to the minor corroborative people runing diagonally across Washington and Thirteenth streets. I facts with reference to this affair: saw these people run across there, and as they were passing they passed 1. Shells of cartridges picked up from B Company rifles. in about 20 feet of the street lamp, and I reco~ized them as United States soldiers or people in the United States umform. I was at the time 2. Company B was the last to completely assemble. nt the mouth of the alley between Washington and Elizabeth streets. 3. Some of the men of Company B were completely dressed There was one of them that I distinctly recognized as being a colored when they assembled. soldier. As I was standing there and looking at them this one turned his bead and looked back the way they had come from, and that turned 4. Drinking in Company B that night. One was dead dl:unk. his face directly toward me, and the li"'ht was shining directly in 5. A great deal of confusion and straggling in upon the part his face and I recognized him as a colored soldier at the time. · There of Company B and getting into ranks. were about five to seven of them in the party. I had no doubt at the time about this being soldiers in uniform, and that this one man 6. Bullet holes in Randall's and Yturria's houses indicate the especially was a negro soldier. shots came from the second floor of or near B barracks. I shall not take further time in discussing the direct testi­ 7. Some four or five witnesses state they saw fla hes from the mony, because I >rant to call attention now to some of the cir­ second floor of B barracks. cumstantial evidence which is found in the record. We ordi­ 8. Bullets taken from the houses were Government bullets. narily say that circumstantial e\idence is less satisfactory 9. The cartridges and clips and shells picked up on the streets than direct evidence, and ordinarily that is true; but the cir­ were Government cartridges and shells. cumstantial evidence which is in this record, especially taken 10. The composition of the bullets correspond to the compo­ in connection with the direct evidence, points to but one con­ sition of the bullets made under conh·act of 1905 and ammuni­ clusion. tion issued to Twenty-fifth Infantry under that conh·act. In the first place, there were the bullets which were picked 11. Bandolier was a Government bandolier. up on the premises or found in the different houses. These I shall notice only briefly some of the features, with reference bullets were experted. It was found that they were Govern­ to the explanatory effect of this evidence, and will not detain ment bullets, and that they had been fired in either a Krag or much longer those who have honored me with their presence. a Springfield rifle. The only parties in that country who had There is no defense interposed in this matter except a defense Springfield rifles were the colored soldiers. After the expert­ which is based upon the presumption that no noncommissioned ing of the bullets, we may take them and go out o\er the ground officer participated in this affair. So far as I have been able over which the raiders tranled, and we find the Springfield to analyze the explanation of this testimony, there is no ex­ shell and the Springfield clip. We now have the circumstance planation other than that which departs when we get rid of of the bullets being Government bullets, of having been fired the assumption that no noncommissioned officer participated. in one of two guns, one of those guns in the possession of the I say that for this reason : The questions of the roll call, of soldiers alone, and the shells scattered out over the ground the gun racks, of the ammunition, of the cleaning of the guns, over >rhich the raiders tra\eled. of the fourth gtm, all disappear immediately if we do not act This becomes a \ery important fact, because here we have upon the assumption that no noncommi sioned officer wns in­ got to get the citizens' conspiracy into practical operation again. terested, because if any noncommissioned officer was interested In order that this powerful and positive circumstantial evidence or participated in the affair these things were just as easily may be remo\ed and the force and effect of it taken from the accomplished as anything else that is charged to the companie . affair, it is necessary to show that the citizens' conspiracy did I want to call attention now to the statement of Major Pen­ what? That they got hold of some Krag guns, that they stole rose in support of what I say. 1ajor Penrose says: these shells, that they fired these bullets, and then went over They slipped out of quarters, did the shooting, returned while com­ panies were forming, and at some time during the earlv hours of the the ground and picked up the Krag shells and went back over morning cleaned their rifles. This is all made possible· from the fact the ground and planted Springfield shells. that the shooting all occurred within two short blocks of the barracks. 1908. CONGRESSIONAL RECORD-SENATE. 4969

'rile questions of cleaning the rifles and of getting the ammu­ I mistrust it is barely possible that there was a reason for JJition and the gun racks and those matters are explained in a . their not discovering that fact, and that was that they thought wot·d by the commanding officer, who certainly is not a preju­ it would place them too .near to that which they !-..'llew they diced judge as against these men. If a noncommissioned officer were guilty of. knew of this or connived at it, the soldiers had all the time, from A suggestion with reference to the question of the fourth the time they came back until the next morning, to take care of gun. The question of the fourth gun depends alone at last, the question of gun racks and the cleaning of guns and the get­ when it is boiled down, upon the oral statement of l\IcCnrdy. ting of ammunition beforehand, and could have done so as There are other circumstances which h:ne been construed to easily as if there had been no key to the gun rack at all. support that proposition, and I will admit they seem to, but Ju t one word in reference to the roll call. No officer of this when you come to examine the record in all its parts, you will company contends or has contended, so far as I have been able find that there is no identification of the gun so as to establish to find, that the question of the roll call cuts any figure with the fact that it was not used that night except the oral state­ reference to the innocence of these men, for the reason, in the ment of McCurdy. There is no other way by which it can be first place, that the roll call took place after the time when identified and shown not to ha >e been used ; and if it should they had the time to return from the shooting to answer the be believed possible that McCurdy, like the sergeant at Sturgis ron call. They were 250 yards, at the farthest, from the place City, Dak., let loose of the key that night when the Twenty­ where the roll call was had. They had only 250 or 300 yards fifth Infantry was involved in another raid of this kind, it to traYel. Witness Willie H. Miller, a colored boy, explains would be very easy to explain where the fourth gun was. how easy it was to return. Miller says : All they had to do in this matter was simply to pass the key Native of Tennessee. Enlisted in Richmond, Va. Came off guard to the parties who desired to participate in this raid, and when on Monday, the 13th, about 10 or 11 o'clock. I went on pass to :Mata­ you have the fact of the bullets, the analysis and composition moros that day. My pass gave permission to be absent from 12 noon until 5 a. m. on the 14th of August, 1906. I was over in Matamoros of the bullets, the shells found upon the street, we must come on the 13th, in the afternoon. I returned from Matamoros that night to the conclusion at once that some one who was identified with about 10.30. When I returned I went to my cousin's, in Brownsville-­ the noncommissioned force was cognizant of this raid. That Mack Hamilton. He bad been in the Army. He lived two blocks from Elizabeth street. I was there until 11 o'clock. ·Then I went to a sa­ is one of the reasons why it is a necessary conclusion from loon- a l'.lexican saloon. When I was in the saloon some firing com­ the evidence in this case that not only were there those who menced in town, and he closed the door of the saloon until the firing bad participated, but those who must inevitably have known some­ about ceased. The firing stopped the game. The firing seemed like it was up the thing of it who did not actually participate in it. street toward the barracks. When the doors clo ed I was in there, and When this matter is boiled down to what the record actually I talked to this Mexican, the proprietor of this place, and I showed shows, whether or not McCurdy's gun was used that night him my pass and I says, " If anything ever comes of this, I want to show you this." He was talking and said be thought the soldiers depends upon the oral statement of McCurdy. were firing on the town, etc. I suppose I stayed there five or six min­ McCurdy claims that the racks were never open, and yet any utes a fter the fir·ing commenced. I stayed until after it ceased. Then fair interpretation of his somewhat inconsistent testimony I went to the quarters. I went in a burry, but I did not run-I walked fast. I entered across the fence. My company was just falling in in shows that Alison's gun was placed in the rack after August 11. front of the barracks. They told me to get my gun and join the com­ Blaney testified that he cleaned his rifle- prior to turning it pany, and I got my gun. I did not have any gun that time (when I was over both at Fort Niobrara and at El Reno, and yet when rifle in town). I went upstairs and got a gun and joined my company. 45683 was received at the Springfield Armory it had a foul bore, This man, who had been to l\Iatamoros, stayed at the saloon till showing that it had been used some time and not properly the firing ceased, then walked a block and a half farther than cleaned. This was likely the hurried cleaning which it got any other man had to walk, and got back there in time to that night. answer and form with his company. Will it be contended that The abo>e is either correct or else Sergeant Blaney was mis­ the men who realized what they had done, and who had planned taken as to cleaning the rifle, or the property book is in error evidently beforehand to get back, could not have made it in as to the serial number which Blaney held either at Fort Nio­ half the time that Miller made it and been back there in plenty brara or at El Reno. of time to answer roll call? The evidence is that the serial numbers of the rifles stored in I call attention to another matter in this affair. The record the box were not checked ; hence the evidence that any particu­ shows that- lar rifle was in said box was not conclusive. Private Lee stayed the night at a house in the city. Was out that night. ( S. Doc., p. 128.) Lieutenant Lawrason, upon whose testimony the presence of Pri"mte E. Johnson (p. 132) stayed that night in town with the rifle- 45683 largely depends, states that he was not present his wife. when said box was packed at Fort Niobrara. Prh·ate G. Johnson (p. 120) was sleeping at the corral and Sergeant Blaney, who is supposed to have had rifle 456 3, left knew nothing about the matter until he was told about it after­ Fort Niobrara on his furlough June 8. Lieutenant Lawrason wards. did not assume command of Company B until July 1 thereafter, Private John Streater (p. 134) was asleep in the corral. hence he was not in command of Company B when Sergeant Never knew anything about it. Blaney went on his furlough and turned his rifle over at Fort Prir-ate G. Thomas (p. 117) was at a colored woman's house Niobrara. in Brownsville and did not return until the next morning. When, on the morning of August 14, Lieutenant Lawrason PriYate Hardin (p. 131) was absent from the quarters sleep­ verified the rifles of Company B he did not verify them by se­ ing at Lieutenant Higgins's quarters and did not appear until rial numbers, but by their total numbers, taking only one or two the next morning. rifles out of the boxes; hence there is no evidence that 45G83 Private Turner (p. 135) was absent from the quarters sleep- was actually in one of those boxes at the time. ing at Lieutenant Hayes's. Lieutenant Lawrason was not certain that the boxes of rifles Private Kirkpatrick (p. 133) was in the hospital. had not been opened since they were packed at Fort Niobrara. PriYate John Brown (p. 151) was asleep in the baker shop. The evidence does not show that the rifles issued to the men Prir-ate Elmer Brown (p. 151) was asleep in the corral. of Company B were ever checked by their serial numbei·s with Private Newton (p. 140) was asleep in the quarters of the men to whom assigned since they were issued about April ·Lieutenant \Vest. 1, 1906; hence there were about four months at Fort Niobrara PriYate Jones (p. 139) was asleep in Captain Lyon's quarters. and two weeks at Fort Brownsville during which time the rifles Private Mapp (p. 141) was asleep in the bake shop. of the company may have been exchanged inadvertently or pur­ Pri>ate Halley (p. 144) was asleep in the corral. posely without the records of transfers having been entered in Private John Henry (p. 144) was in the quartermaster's the property book. That such transfers were not unfrequent corral. may be gathered easily from the evidence. Priyate Charles W. Hawkins (p. 140) was in town on a The ordnance property book was carelessly kept, as admitted pass. by Lieutenant Lawrason and also as shown by the statement of In addition to these absentees there were absent on duty irregularities in the keeping of this book. within the post at the guardhouse four noncommissioned It is also shown by the evidence that rifles are exchanged in officers. order to allow a good marksman to get a good rifle. Pri1ate Miller was out on a pass. Now, l\fr. President, I have gone over some of the evidence l\fajor Penrose said they reported to him two men absent. which discloses, to my mind, beyond a reasonable doubt, that The record shows that on this occasion there were several some of the soldiers of the Twenty-fifth Infantry participated abl!~.t who did not get home until next morning, and it further in that raid. If they were guilty at all, they were guilty of mur­ shows that there were a number of them who were so sound der thought upan and planned and deliberately executed. asleep in different parts of the garrison that they never did There can be no doubt that it is a serious question-that of disco>er the fact until some of their comrades went down and disturbing a soldier in his relationship to the Government-but told them about it. there can be no more serious question than that of keeping the 4970 CONGRESSIONAL RECORD-SENATE. APRIL 20,

United States Army free from the cancerous growth of the dis­ BECLAMATIO::'i OF SWAMP AND OVERFLOWED LANDS. turbances which prevail in more than one part of this country. The VICE-PRESIDENT. The hour of 2 o'clock having ar­ To my mind this was treason, not technically so, but morally rived, the Chair lays before the Senate the unfinished business, aggravated treason. In these times, when a spirit of lawless­ which will be stated by the Secretary. ness pervades a certain part of the social realm, when a social The Senate, as in Committee of the Whole, resumed the con­ organization, or professing to be one, preaches lawlessness as sideration of the bill ( S. 4855) appropriating the receipts from one of the tenets of its faith, to find this spirit of lawlessness the sale and disposal of public lands in certain States to the in the Army is shocking beyond the power of words to tell. construction of works for the drainage or reclamatjon of swamp Finding it there so close to the vital forces of the nation, and overflowed lands belonging to the United Stutes, and for what was the duty of those upon whom it devolved to act? other purposes. Strike it down, enforce the judgment of the Government in such The VICE-PRESIDE~. The pending question is on the a way as to instill both dread and respect in those who lightly amendment proposed by the Senator from Georgia [1\Ir. BAcoN], toy with human life and thus degJ.·ade the standing of the Army. to strike out sections 5 and 6 of the bill. The question is on It should be known to these people, the same as it is known agreeing to the amendment. to all of us, the colored race and the white race, that this is a The amendment was agreed to. Government of law and of order. If the disturbers and raiders The VICE-PRESIDENT. The bill is in Committee of the and dynamiters throughout this country think that the Ameri­ Whole and open to amendment. If there are no further amend­ can people as a whole will connive at the violation of law, they ments-- misunderstand the instinct and the inspiration- of the Anglo­ Mr. BACON. Mr. President, I think in the confu ion incident Saxon race. to the closing of the speech of the Senator from Idaho, the The negroes have helped to build up this country. Their labors Senate is not really informed as to what is before it. I should in slavery and out of slayery have helped to build it, and their like to have the attention of the Senate to the particular meas­ valor has helped to preserre it. No man would take from the ure. Let the title of the bill be read. colored race of this country one iota of praise or honor for the The VICE-PRESIDENT. The Secretary will again read the heroic climb which it has made from slavery to its respectable title of the pending bill. · position in the ci,·ilization of the world. . The Secretary again read the title of the bill. But no leader of the colored race eyer did a greater injury Mr. CL.AY. If I understand the bill now, since sections 5 to the thousands of colored men who are struggling up to the and G have been stricken out, it simply provides that the money high plane of civilization than to teach them that their Gov­ arising from the proceeds of public lands hereafter sold and the ernment will connive at a breach of the law. For one and all, proceeds from the lands sold since June 1, 1001, shall be applied white race and black race, there is but one rule, which is that to the drainnge of swamp land belonging to the Government. when the rights of the American citizen are involved, the peace In other words, the funds arising from the sale of the public of the home and the protection of life, party politics disappear lands will hereafter be applied to the draining of swamp land and American citizenship is the only chord which will receive in the States where the Government lands may be located; ~d. a resporisi ve strain from the American people. I can not im­ in addition to that, the bill appropriates the urn of about agine a more cowardly act, a more pusillanimous act upon the $5,000,000 for the purpose of carrying out the provisions of part of a great party than to undertake to connive at a crime the act. so thoroughly proved as this because of anticipated political 1\Ir. FLINT. The Senator states the bill correctly. exigencies. It is our duty to say to the people of this country 1\fr. TELLER. I understand then it leaves simply the pro]m­ that the party which gave the colored man his freedom will sition that the Government may drain its own lands. Is that also teach him that this Government can only be preserved by correct? observing the law and observing the rights of citizens in their 1\Ir. FLIXT. That is correct, as the bill now stands. homes. [Manifestations of applause in the galleries.] 1\Ir. TELLER. 1\Ir. President, I expected to make some re­ EMPLOYMENT OF CHILD LAROR. marks on the other feature of the bill. I do not care ub

RECLAMATION OF SWAMP AND OVERFLOWED LANDS. zen. I now understand that the Government is, I think with­ The Senate resumed the consideration of the bill (S. 4 55) out any authority of law, making arrangements to acquire and appropriating the receipts from the 8ale and disposal of public put into the reclamation scheme lands in private mYnership. lands in certain States to the construction of works for the l\lr. President, I do not think that that is justified by the drainao-e or reclamation of swamp and oyerfiowed lands belong­ law. I think section 7 was intended to mean that when it was ing to the United States, and for other purposes. necesmry to build a reservoir and some land in private owner­ l\Ir. TELLER. Mr. President, I wish to call the attention of ship was included in the reservoir site the Government might the Senate to what I think is a serious defect in the bill. Sec­ acquire such land. That was at least the construction origi­ tion 4 of the bill provides- nally put upon the act by the Department, but lately, I under­ That the Secretary of the Interior shall make appropriate provisions stand, they have gone beyond that, which only shows that when for limiting· the areJ. to be taken by homestead entrymen under this act we are enacting L'lws we have got to enact them with a good for ceded Indian or other lands to areas not less than 5 acres nor more deal of exactness or a construction may be put upon them by than a quarter seclion. the executive department which is entirely different from what That does not limit the area, I understand, to the In(lian the legislative department of the Government intended. grounds, but it applies to " ceded Indian or other lands." I 1\Ir. President, I do not myself feel very much interest in this move to strike out the words " or other " before " lands." bi1l . I do not believe there is any such demand or necessity Mr. CLAPP. Will the Senator from Colorado pardon me for it as there was for the inauguration of reclamation senice. for a moment? Practically all swamp land, with very small exceptions, is the l\Ir. TELLER. Certainly. · property of the States and might be utilized by the States by l\Ir. CLAPP. The words "or other lands" were inserted drainage. I will not deny that the Government has the same upon the theory that the Government would have lands to authority under the law, when the proper necessity arises, for drain other than those which might be to-day classed as ceded draining land as it has for irrigating land; but I must say that and Indian lands. I have no objection to striking out those I have not yet seen a case that seemed to me to justify Gov­ words. ernment interference for the purpose of draining land. l\Ir. TELLER. My objection is that we are authorizing the The VICE-PRESIDENT. The question is on the amendment Secretary of the Interior to determine what a homestead shall proposed by the Senator from Georgia [Mr. BACON]. be wben Congress has determined for a great many years that 1\Ir. McCUMBER. Let the amendment be again stated. it shall be 1GO acres. There is no limit here. The reclama­ The VICE-PRESIDENT. The amendment is to sh·ike out tion act does provide for some control over the area and fixes all after the enacting clause of the bill. The Secretary will the smallest area of land that can be used and made into ca II the roll, on agreeing to the amendment. a homestead at 80 acres. If this were amended so that it would The Secretary proceeded to call the roll. , _ be 0 acres instead of the present language, I should not have l\Ir. CULLOM (when his name was called). I .have a general any objection to it. As it stands it might be 1 acre or 5 acres. pair with the junior Senator from Virginia [Mr. MARTIN] . He I want to confine the limitation of a homestead to Indian lands not being present, I withhold my vote. alone. l\Ir. PERKINS (.when his name was called) . I have a gen­ l\Ir. CLAPP. I suggest to the Senator from Colorado that eral pair with the junior Senator from North Carolina [1\Ir. the better way to meet that would be to change the limitation OvERMAN]. As he is absent from the Chamber, I will transfer and make it 0 acres, if the Senator prefers. that pair to the senior Senator from New York [Mr. PLATT] Mr. TELLER. That might be too much Indian land, per­ and vote. I vote "nay." haps. :Ur. STONE (when his name was called). I have a general Mr. CLAPP. I do not know that it wou1cl be. If those words pair with the Senator from Wyoming [1\Ir. CLARK] . He does were stricken out, it would then confine it entirely to lands not appear to be present, and I therefore withhold my vote. which to-day would be cla~sed, perhaps, as ceded Indian lands, The roll call was concluded. instead of the general public domain. l\Ir. DILLINGHAM. I have a general pair with the senior Mr. TELLER. I will venture my hand at an amendment to Senator from South Carolina [l\fr. TILLMAN], who is detained the bill by striking out the word " five " and inserting " not less from the Chamber by illness. I therefore withhold my vote. than 40 acre , nor more than 0 acres." 1\Ir. FRAZIER. I am paired with the junior Senator from Mr. FLINT. I will accept the amendment. South Dakota [1\Ir. KITTREDGE]. As he is absent, and I do The VICE-PRESIDENT. The Senator from Colorado pro­ not know how he would vote if present, I withhold my vote. poses an amendment which will be stated. 1\Ir. DANIEL. I am paired with the Senator from North The SECREV.RY. On page 4, line 4, it is proposed to strike Dakota [l\1r. HANSBROUGH], and I therefore withhold my vote. out the word " five " and insert " not less than forty nor more 1\Ir. 1\IONEY. I desire to state that my colleague [1\Ir. Mc­ than eighty "-- LAURIN] is necessarily absent on business. l\Ir. CLAPP. 1\Ir. President, I will suggest, for the benefit of Mr. DAVIS. I am paired with the Senator from Oregon the Secretary, that what the Senator from Colorado [l\Ir. [llr. FULTON]. I desire to h·ansfer that pair to the Senator TELLER 1 de. ires is to strike out " five " and insert " forty," on from Florida [1\Ir. 1\Irr..TON], so as to be able to vote. I vote line 4; and then to strike out, on line 5, the words " a quarter "yea." section " and to insert "80 acres," so that it would read : The result was announced-yeas, 15, nays 37, as follows : .Areas not less than 40 acres, nor more than 80 acres. YE.AS-15. 1\Ir. TELLER. That will do it. Bacon Davis Kean Rayner The VICE-PllESIDEN'.r. The Secretary will state the amend­ Clarke, .Ark. Foster McCreary Smith, Md. ment proposed by the Senator from Colorado. Clay Gary l\loney Teller Johnston Paynter 'l'he SECRETARY. In section 4, on page 4, line 4, it is pr oposed Culberson N.AYS-37. to tril~e out "fiye" and insert "forty; " and in line 5 to strike Aldrich Clapp Knox Smith, Mich. out the words " a quarter section " and to insert " 80 acres," so Allison Curtis Lodge Smoot that it will read : Beveridge Depew Long Stephenson Not less than 40 acres, nor more than 80 acres. Borah Dick McCumber Stewart BranQ.egee Dixon Nelson Sutherland 1\Ir. TELLER 1\Ir. President, the other day when this bill Brig-rrs Dolliver Newlands Warner was under consideration there was some que tion about the Brown du Pont Nixon Warren Bulkeley Flint Perkins reclamation act, and the Senator from Xorth Dakota [Mr. Burkett Heyburn Piles McCuMBER] made a statement which I did not think was borne Burrows Hopkins Richardson out by the act. I now have the act before me, and I find that NOT VOTING-40. the only authority which the Government has for taking pri­ Ankeny Dillingham Hale Overman vate property into this reclamation scheme is contained in sec­ Bailey Elkins Hansbrough Penrose tion G and section 8 of that act. Section 6 provides that the Bankhead l<'orakel· Hemenway Platt Bourne Frazier KittredO'e Scott Government shall not sell to priYate owners of land more than Burnham Frye La Follette Simmons the water for lGO acre . It is al o provided ia section 7: Carter Fulton McEnery St'lne That when•, in carrying ont the provisions of this act, it becomes Clark, Wyo. Gallinger McLaurin Taliaferro neceRsary to acquire any rights or property, the Secretary of the Inte­ Crane Gamble Martin Taylor rior is hereby authorized to acquire the same for the United States by Cullom Gore l\Iilton Tillman purchase or by condemnation under judicial process, and to pay from Daniel Guggenheim Owen Wetmore the reclamation fund the sums which may be needed for that purpose. So :Mr. BACON's amendment was rejected. 1\Ir. President, when the reclamation act was pas ed nobody 1\Ir. ALDRICH. I move that the Senate adjourn. conce:med in its consideration had any idea that the Govern­ The motion was agreed to; and (at 2 o clock and 30 minutes ment was going to buy land from private citizens to reclaim it. p. m.) the Senate adjourned until to-morrow, Tuesday, April 21, \Ve then believed that that should be done by the private citi- 1908, at 12 o'clock meridian.