Congressional Record-House. June 12

6668 CONGRESSIONAL RECORD-HOUSE. JUNE 12, COLLECTOR OF CUSTOMS. PJI,.~SIO:S BILLS. Clarence W. Ide, of Washington, to be collector of customs for Mr. SULLOWA Y. Mr. Speaker, I ask unanilnous consent the district of Puget Sound, in the State of Washington. that Saturday next may be substituted for the transaclion of business on the Private Calendar which would be in order on PROMOTIONS IN THE NAVY. Friday next. Commander William Swift, to be a captain in the Navy, from The SPEAKER. The gentleman from New Hampshire asks the 9th day of February, 1902. unanimous consent that Saturday next be substituted for Fl'iday Lieut. (Junior Grade) Roscoe C. Bulmer, to be a lieutenant in next for the consideration of matters on the P1'ivate Calendar. the Navy from the 9th day of February, 1902. Is there objection? [After a pause.) The Chair hears none. Lieut. Martin Bevington, to be a lieutenant-commander in the EULOGIES ON THE LATE REPRESENTATIVE OTEY. Navy, from the 5th day of March, 1902. Mr. JONES of Virginia. Mr. Speaker, on Tuesday, June 10, an Lieut. Robert F. Lopez, to be a lieutenant-commander in the order was entered providing for a session of the House of Repre Navy, from the 11th day of April, 1902. sentatives on Sunday, J nne 29, the session to be devoted to eulogies Asst. Sm·g. Holton C. Curl, to be a passed assistant surgeon in on the late Representative Amos J. Cummings. I ask unanimous the Navy, from the 14th day of October, 1901. consent that that order be so modified that after the conclusion Lient. Walter J. Sear , to be a lieutenant-commander in the of the eulogies provided for therein eulogies may be pronounced Navy, from the 17th day of December, 1901. upon the life and character of my late colleague, Maj. Peter J. Lieut. John A. Bell to be a lieutenant-commander in the Navy, Otey. from the 15th day of January, 1902. The SPEAKER. The gentleman from Virginia asks unani Lieut. Commander Edward F. Qualtrough, to be a commander mous consent to so modify the order in respect to the eulogies in the Navy, from the 9th day of February, 1902. upon the life of the late Representative Cummings, to be held on Pay Inspector Ichabod G. Hobbs to Be a pay director in the the 29th of this month, that it will be in order to consider similar Navy, from the 28th day of April, 1902. eulogies upon the life and character of the late Major Otey. Is Lieut. (Junior Grade) Walter J. Manion, to be a lieutenant in there objection? [After a pause.] The Chair hears none, and it the Navy from the 11th day of April. 1902. is so ordered. Lieut. (Jnnior Grade) George E. Gelm, to be a; lieutenant in CORRECTION. the Navy from the 11th day of April, 1902. Asst. Surg. Francis M. Furlong to be a passed assistant sur :Mr. RUCKER. Mr. Speaker, I desire to make a correction of geon in the Navy from the 16th day of September, 1901. the RECORD. During the debate on the bill for the protection of the President I took occasion to join issue with the distinguished POSTMASTERS. chairman of the committee [Mr. RAY of New York) on his state Orange L. Bantz, to be postmaster at Humboldt, in the county mentof a legal proposition. The Co~GRESSIO~.AL RECORD, on page of Richardson and State of Nebraska. 6464, contains the following report of the colloquy between my Andrew Richmond, to be postmaster at 01·leans, in the county self and the gentleman from New York, which I will ask the of Harlan and State of Nebraska. Clerk to read. Christopher E. Head, to be postmaster at Tallapoosa, in the The SPEAKER. Without objection, the matter referred to county of Haralson and State of Geol'gia. will be read by the Clerk. Thomas J. Helm, to be postmaster at Rome, in the county of There was no objection. Floyd and State of Georgia. The Clerk read as follows: Mr. R.AY of New York.. Mr. Chairman, only one word. In all civilized com Chester H. Smith, to be postmaster at Plattsmouth, in the county munities there is a distinction made between killing a man with an intent of Cass and State of Nebraska. and purpose to effect his death and a killing without any such intent or pur Frank McCartney, to be postmastm· at Nebraska City, in t.he pose-an intent to injure where there is no intent to kill. but incidentally or otherwise you go too far and kill. We have maintained a distinction in fix county of Otoe and State of Nebraska. in~ the punishment in cases of this kind. If a man intends to commit a Joel P. Deboe, to be postmaster at Clinton, in the county of crrme while he is engaged in the commission of a felony, you might hang the Rickman and State of Kentucky. offender. He is just as bad as though he had accomplished his purpose. .A:Ily one knows that lS true, but the laws of all civilized co:mmumties and of all States make a distinction. We have followed that idea, and it is followed in the Senate bill. If a man only intends to assault the President, and not to kill him, the HOUSE OF REPRESE TATIVES. punishment may be imprisonment for life or a much shorter term depend mg on the circumstances. That is left to the discretion of the cour , and we believe the courts of this country are so intelligent that they can be trusted THURSDAY, June 12, 1902. to impose the proper penalty when a man is convicted to give him uch a sentence as he ought to receive. The distinction between the first section The House met at 12 o'clock m. and this one is that the first section puts in the words "knowingly and pur posely kill," etc. This section provides for those cases where there is no pur Prayer by the Chaplain, Rev. HENR'Y N. CouDEN, D. D. pose or intent to kill, but simply an attemJ?t to inflict grievous bodily ba.rm. The Journal of yesterday's proceedings was read and approved. I may add that there is no State in the Umon nor a civilized country on the face of the earth to-day that inflicts anything more than life im:{>risonment BANKRUPTCY LAW. for this offense, except when in the commission of a felony a life lS taken. Mr. RucKER. The gentleman is mistaken about the law. Mr. RAY of New York. Mr. Speaker, I ask unanimous con Mr. RAY of New York. I run not mistaken. I ba.ve taken every statute and have collated them. The man that states to the contrary does not know sent that what time may be le.ft on Monday next after the dispo exactly what he is talking about. sition of other business and Tuesday be given to the Judiciary Mr. RuCKER. The gentleman from N ew York does not know all the law Committee. This committee has had no time assigned to it dur of this country by himself alone. [Laughter.) Mr. R.AY of New York. I understand that, out we have taken all the stat ing this Congress, excepting such as we have had incidentally, utes and compiled them- and my purpose will be, I will say frankly to the House, if we are Mr. RucKER. The gentleman's compilation may be all right, but his con granted this unanimous consent, to call up and consider the bill struction is wrong. I know the universal law is that a man is presumed to H. R. 13679, being an act to amend the act establishing a uniform intend the usual consequences of his own net, and where he uses a deadly weapon, he is preSUined to intend the natural and usual consequences of that system of bankruptcy throughout the United States. weapon. The SPEAKER. The gentleman from New York asks unani Mr. RAY of New York. Now, Mr. Chairman, I concede that, and I think mous consent that so much of Monday next as is left after taking that debate on this amendment is exhausted, and I call for a vote. up matters under suspension of the rules and all of Tuesday be Mr. RUCKER. Now, MI·. Speaker, if the CoNGRE IO~AL given to the Judiciary Committee for the consideration of matters RECORD just read contained the language used by the gentleman before that committee, the puTpose being especially to call up from New York, then the interruption made by myself would be amendments to the bankruptcy law. silly and absurd in the highest degree; because I concede that, as Mr. TAWNEY. Mr. Speaker, I desire to ask the gentleman printed in the RECORD, the gentleman 's position is correct; but from New York if he will not allow an hour or an hour and a that is not the language used by him. I have obtained from the half to the Committee on Interstate and Foreign Commerce for Official Reporters a transcript of their notes, and this shows that the consideration of a bill that has been under consideration for the gentleman has modified his language. I complain of the almost an hour in the House, known as the London landing gentleman's modifying and revising his language so as to place clause bill? That is unfinished business, and I think it can be me in an awkward and unjust attitude in the RECORD.

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