2466 CONGRESSIONAL RECORD-SENATE . FEBRUARY 14,

By Mr. GARNER of Texas: Petition of citizens of :fifteenth Also, petition of citizens of Kansas, against Senate bill 404, congressional district of Texas, protesting against the establish­ Sunday observance in the District of Columbia ; to the Com­ ment of a parcels post; to the Committee on the Post Office and mittee on the District of Columbia. Post Roads. By Mr. SHEFFIELD: Petition of Town Council of Warren, By, Mr. GOULDEN: Petition of citizens of New York, against R. I . ; P . P. Stewart Hale and 15 other citizens of Newport, increase of postage on magazines ; to the Committee on the R. I. ; and George W. Leonard and 20 others, of Newport, R. I., Post Office and Post Roads. favoring Senate bill 5677, promoting efficiency of Life-Saving Also, petition of A. R. Cook, of Syracuse, N. Y., favoring a Service; to the Committee on Interstate and Foreign Commerce. dental corps for the Army; to the Committee on Military By Mr. SMITH of Michigan: Petition of Hugh R. Miller and Affairs. 7 others, Edward M. Chase and 28 others, John Degraw and By l\fr. GRAHAl\f: Petition of Amalgamated Association of 10 others, F. H. Bennett and 15 others, William Maberg and 52 Iron, Steel, and Tin Workers of Pittsburg, Pa., against repeal others, James M. Brady and 12 others, Warren Evans and 8 of act of July 1, 1898 ( 30 Stat. L., chap. 546, p. 605), rel?-tive others, East Casco Grange and 14'4 others, Frank La Chapelle to hand printing of United States notes, bonds, and checks; to and 36 others, William Arnold and 17 others, S. E. Martin ancl the Committee on Expenditures in the Treasury Department. 17 others, all residents of the sixth Michigan congressional dis­ By Mr. HANNA : Petition of people on rural routes of North trict, for a parcels-post system; to the Committee on the Post · Dakota, for increase of salaries of rural carriers; to the Com­ Office and Post Roads. . mittee on the Post Office and Post Roads. By Mr. SPERRY: Memorial of 1\Ietal Trades Council · of Also, petition of citizens of North Dakota, against parcels Hartford and Central Labor Union of Hartford, favoring con­ post; to the Committee on the Post Office and Post Roads. struction of battleship New Yorlc at Government navy yard; Also, petition of farmers of the county of Pembina, State of to the Committee on Naval Affairs. North Dakota, against Canadian reciprocity; to the Committee Also, memorial of Unity Grange, of Chester, Conn., against on Ways and Means. parcels-post legislation; to the Committee on the Post Office By Mr. HENRY of Texas: Petition of citizens of South and Post Roads. Bosque, Tex., against passage of a parcels-post law; to the Also, memorial of the Lumber Dealers' Association of Con­ Committee on the Post Office and Post Roads. necticut, favoring the Canadian :reciprocity treaty; to the Com­ By Mr. HIGGINS: Petition of Lumber Dealers' Association mittee on Ways and Means. of Connecticut, for Canadian reciprocity; to the Committee on By Mr. SULZER: Petition of New York State Pharmaceutical Ways and Means. Association, for defeat of House bill 25241; to the Committee on By Mr. JAMES : Petition of citizens of Paducah, Ky., for Ways and Means. reduction of oleomargarine tax; to the Committee on Agri­ Also, petition of the Hardwood Manufacturers' Association culture. · of the United States, against Canadian reciprocity; to the Cam­ Also, petition of citizens of Williamstown, Ky., for restricted mi ttee on Ways and Means. . immigration; to the Committee . on Immigration and Natu­ Also, petition of New York Board of Trade and Transporta­ ralization. tion, for Canadian reciprocity; to the Committee on Ways and By Mr. KENDALL: Petition of citizens of Des Moines and Means.· Muscatine, Iowa, for neutralization of the Panama Canal; ·to By Mr. TOU YELLE: Petition of Western Star Council, Sid­ the Committee on Military Affairs. ney, Ohio; Ruby Council, Bradford, Ohio; and General Meade By Mr. KRONMILLER: Petitions of Wabash Council, No. Council, Junior Order United American Mechanics, for restrict­ 73, Junior Order United American Mechanics, Baltimore City; ing immigration; to the Committee on Immigration and Nat­ the State Council, Daughters of America; Washington Camps uralization. Nos. 67 and 82, Patriotic Order Sons of America, for House bill By Mr. YOUNG of New York: Petition of John J. Young and 15413; to the Committee on Immigration and Naturalization. other citizens of Brooklyn, N. Y., for the construction of the By Mr. LAFEAN: Petitions of Rock Council, No. 54, and battleship New York in the Brooklyn Navy Yard; to the Com­ Colonial Council, No. 605, Junior Order United American Me­ mittee on Na val Affairs. chanics, of Glen Rock, Pa., for House bill 15413; to the Commit- tee on Immigration and Naturalization. _ By Mr. LOWDEN: Petition of citizens of New York, favoring construction of ~attleship New York at a Government navy SENNfE. yard; to the Committee on Naval Affairs. Also, petition of the Loren ':Cownship Civic League, 78 voters, TUESDAY, Febmary 14, 1911. for the Miller-Curtis bill; to the Committee on the Judiciary. Prayer by the Chaplain, Rev. Ulysses G. B. Pierce, D. D. By Mr. MAGUIRE of Nebraska: Petitions . of citizens of The Secretary proceeded to read the Journal of yesterday's Falls City and business men of Virginia, Du Bois, Table Rock, proceedings, when, on request of Mr. KEAN, and by unanimous Lewiston, Dawson,. and Salem, all in the State of Nebraska, consent, the further reading was dispensed with and the Journal against the establishment of a parcels post; to the Committee was approved. ' on the Post Office and Post Roads. By Mr. MOORE of Pennsylvania: Petition of Washington MESSA.GE FROM THE HOUSE. Camps Nos. 461, 419, 608, 7, and 101, all of Patriotic Order A message from the House of Representatives, by W. J. Sons of America, urging the enactment of House bill 15413; to Browning, its. Chief Clerk, announced that the House had agreed the Committee on Immigration and Naturalization. to the amendments of the Senate to the bill (H. R. 30571) per­ Also petition of Local No. 1731, United Brotherhood of Car­ mitting the building of a dam across Rock River at Lyndon, 111. penters and Joiners of America; Daniel Webster Council, No. ENROLLED BILLS SIGNED. 700; Kenderton Council, No. 221; Port Matilda Council, No. 921; Spring City Council, No. 900; Johnstown Council, No. 700; The message also announced that the Speaker of the House Smoky City Council, No. 119; Markleysburg Council, No. 568; had signed the following enrolled bills and joint resolution, and and Sherwood Council, No. 160, all of Junior Order United they were thereupon signed by the President pro tempore: American Mechanics, and Washington Camp No. 147, Patriotic S. 7252. An act granting an annuity to John R. Kissinger; Order Sons of America, urging passage of House bill 15413; to H. R.1883. An act for the relief of John G. Stauffer & Son; the Committee on Immigration and Naturalization. ·H. R. 2556. An act for the relief of R. A. Sisson; Also, petition of Hair Spinners' Union No. 72347, of Phila­ H. R. 6776. An act for the relief of Oliva J. Baker, widow of delphia; Mr. A. C. Nowland, J. C. Dounton, Charles Wallace Julian G. Baker, late quartermaster, United States Navy; & Co., all of Philadelphia, Pa., favoring the passage of amend­ H. R.17007. An act for the relief of Willard W. Alt; ment to agricultural approprif!tiOn bill; to the Committee on H. R. 19747. An act for the relief of William C. Rich; Agriculture. -- H. R. 20375 . .An act to -authorize certain changes in the perma­ By. Mr. PALMER: Petition of Washington Camps Nos. 752, nent system of highways, District of Columbia; 727, and 117, Patriotic Order Sons of America, and of Sherwood H. R. 22688. An act to authorize the extension of 9:'hirteenth Council, No. 160, and Susquehanna Council, No. 89, Junior Street NW~ from its present terminus of Madison Street to Piney Order United American Mechanics, for House bill 15413; to Branch Road ; the Committee on Immigration and Naturalization. H. R. 23314. An act to authorize the employment of letter By l\lr. PRAY: Petition of citizens of Helena, Mont., in favor carriers at certain post offices; of the Carter-Weeks bill ; to the Committee on the Post Office H. R. 24749. An act revising and amending the statutes rela­ and Post Roads. tive to trade-marks; · By Mr. REEDER: Petition of citizens of Kansas, against a H. R. 25074. An act for the relief of the owners of the schooner parcels-post law; to the Committee on the Post Office and Post Walter B. Chester; Ror.ds. H. R. 25081. An act for the relief of Helen S. Hogan ; 1911. CONGRESSIONAL RECORD-. SENATE ..

H. R. 25679. An act for the relief· of the Sanitary Water­ Done at the city of Helena, the capital of said State, this 2d day of February, A. D. 1911. Still Co.; [SEAL.] A. N. YODER, Secretary of State. H. R An 26.529. act for the relief of Phoebe Clark; Mr. BEVERIDGE. I present tWo telegrams in the nature of H. R. 29715. An act to amend the time for commencing and memorials, which I ask may lie on the table and be printed in completing bridges and approaches thereto across the vVacca­ the RECORD. . · maw River, S. C.; IL H. 30135. An act granting pensions and increase of pen­ There being no objection, the telegrams were ordered to lie sions to certain soldiers and sa.ilors of the Civil War and cer­ on the table and to be printed in the RECORD, as follows: PHILADELPHIA, p A., February 12, 1911. tain widows and dependent relatives of such soldiers and H on. ALBERT J. BEVERIDGE, sailors; 1155 Sixteenth Street, Washington, D. O.: H. R. 30793. An act to authorize the Farg-0 & Moorhead Street The farm press of the country, representing thousands of farmers in RailY1ay Co. to construct a bridge across the Red River of the your State, looks to you for relief from any increase in second-class postal rates or any tax on advertising pages. About 70 of the leading North· and most helpful ones will be affected, all sei·iously, some fatally, for H. ri. 30886. An act granting pensions and increase of pen­ w~at they have done for American agriculture. They do not deserve sions to certain soldiers and sailors of the Civil War and cer­ this proposed stab in the back. With conditions same as last year, it means the staggering sum of $75,000 extra to us. Don't. tain widows and dependent relati"ves of such soldiers and FARM JoumxA.L. sailors· II. n: 30888. An act pro>iding for the purchase or erection, LAKEWOOD, N. J ., February 12, 191L within certain limits of cost, of embassy, legation, and consular Hon. A. J. BE7ERIDGE, Washington, D. 0.: buildings abroad; The. proposed amendment to postal bill, imposing special postage on H. R. 30899. An act to authorize the Great 'Vestern Land Co. magazme and not newspaper advertising, is both class and discrim­ of Missouri, to construct a bridge across Black River; inatory legislation. Advertising is as much a magazine department as H. R. 31161. An any other. It equally helps advertising and domestic interests. It is act granting pensions and increase of pen­ an industrial exhibition benefiting exhibitors and visitors alike. sions to certain soldiers and sailors of the Civil War and cer­ ELBERT F. BALDWIN. tain widows and dependent relati"ves of such soldiers and .!\Ir. BEVERIDGE. I present a memorial to Congress from sailors· the Board of Trade of Phoenix, Ari~., requesting restriction H. n: 31171. An act to amend an act entitled "An act to au­ of spread of the alfalfa leaf weevil. I a.sk that the memorial thorize the construction of a bridge across the Monongahela be printed in the REC-ORD and referred to the Committee on River, in the State of Pennsylvania, by the Liberty Bridge Co.," Agriculture and Forestry. approved March 2, 1907 ; There being no objection, the memorial was referred to the H. R. 31661. An act to authorize the Secretary of Commerce Committee on Agriculture ap.d Forestry and ordered to be and Labor to transfer the lighthouse tender Wistaria to the printed in the RECORD, as follows : Secretary of the Treasury ; To the Congress of the United States of An~erica: H. R. 31927. An act authorizing the town of Blackberry to We, your memorialists, recognizing a grave danger with which the construct a bridge across the Mississippi River in Itasco County, leading agricultural industry of Arizona is threatened, urge upon you l\Iinn.; and a careful consideration of the matter hereinafter set forth and the S. J. Res.124. Joint resolution reaffirming the boundary line ~;i~~~. for protective measures such as the importance of the matter between Texas and the Territory of New Mexico. The total amount of land now devoted to the growing of alfalfa in Arizona is approximately 120,000 acres, of which 65,000 acres are in PETITIONS AND MEMORIALS. one body under the Salt River irrigation project of the United Stat~s Reclamation Service. At the rate of $150 per acre, this crop rep.re­ The PRESIDENT pro tempore presented a joint resolution sents an investment to Arizona ranchers of $18,000,000. The value of of the Legislature of the State of l\Iontana, whieh was ordered the alfalfa crop in Arizona amounts to more than $6,000,000 per annum. The alfalfa crop is the backbone of our agricultural system. to lie on the table and to be printed in the IlEcoRD, as follows : No crop could take its place without a tremendous loss to alL business Senate joint resolution 1, relative to election of United States Senators interests, and the failure for any cause of the alfalfa industry would by popular vote. be a great calamity. Whereas a large number of State legislatures have, at various times, This industry is now greatly endangered by the presence of a most adopted memorials and resolutions in favor of electing United States destructive insect pest in an adjoining State. The alfalfa leaf weevil Senators by the direct vote of the people of the respective Sta:tes; and is !Jtated in the report of the <;hief of the Bureau of Entomology, Whereas a large number of State legislatures have created senatorial Umted States Department of Agriculture, to constitute a great menace direct-election commissions : Therefore be it to alfalfa culture, and an appropriation of $10,000 for an investigation Resolved by the Generai Assembly of the State of Montana, That of the p_est. has been requeste~. The importance of the pest is set forth the Legislature of the State of l\Iontana, in accordance with the pro­ in ~etail m a recent b~etm ?f the Utah Agricultural Experiment visions of .Article V of the Constitution of the United States, desires to Station, No. 110. In this bulletm the means of spread of this alfalfa join with the other States of the Union, and respectfully request that pest ?-re discussed and the prediction made that it will probably be a a con>ention of the several States be called for the purpose of proposing question of 'but a short time before the insect will be _generally dis­ amendments to the Constitution of the United States, and hereby apply tributed over the alfalfa-growing regions of the United States. Rail­ to and request the Congress of the United States to call such conven­ road trains are recognized as the most important agency in the spread tion and to provide for the submitting to the several States the amend· of the pest. · ments so proposed for ratification by the legislatures thereof. or by T!J.e alfalf1;1-growin~ secti~ns of Arizona, and doubtless many such convention therein, as one or the other mode of ratification may be sectio.ns outside of this Territory, are so isolated that a small expendi­ proposed by the Congress. ture m ~fforts to check the spread of the weevil from the region at SEC. 2. That at the said convention the State of Montana will pro­ present infested would mean a saving of many millions of dollars. pose, among other amendments, that section 3 of Article I of the Con­ Arizona is especially menaced by the importation of live stock and stitution of the United States should be amended so that the Senators household goods in car lots by prospective settlers from Utah. In cars from each State shall be chosen by the electors thereof, as the governor containing such goods, alfalfa hay and other material likely to· harbor is now chosen. the adult weevils is frequently shipped, and disastrous consequences SEC. 3. A legislative commission is hereby created, to be composed of are most certain to result in the near future unless steps are taken the governor and four members to be appointed by him, not more than to supervise properly shipments of this kind. two of whom shall belong to the same political party, to be known as In this emergency .Arizona is without means of protection, havin"' the Senatorial Direct Election Commission of the State of Montana. It no adequate law nor available appropriation to meet the situation"'. shall be the duty of the said legislative commission to urge action by Furthermore, the steps that should be taken to hinder the spread of the the legislatures of the several States and by the Congress of the United alfalfa weevil are to a large ext;ent protective to all alfalfa-growincr States, to the end that a convention may be called, as provided in sec­ sections in the United States outside of the portion of Utah which i~ tion 1 hereof. That the members of said commission shall receive no already infested. It is believed by your memorialists that it is a matter compensation. of national importance that every reasonable effort be made to protect Sllc. 4. That the governor of the State of Montana is hereby directed against the S1Jread of these insects. to transmit certified copies of this joint resolution and application to In consideration of the facts ·. and circumstances which have been both Houses of the United States Congress, to the governor of each stated, we respectfully urge that in addition to appropriating the sum State in the Union, to the honorable Representatives and Senators in of $10,000 for investigating the alfalfa leaf weevil, as requested by the Congress from Montana, who are hereby requested and urged to aid, by Chief of the Bureau of Entomology, there be appropriated the sum of their influence and vote, to the end that the United States Senators shall $25,000 for the purpose of devising means for checking the spread of be elected by popular vote. this pest, and for practical work in accomplishing this end by locating W. R. ALLEN, President of the Senate. and exterminating incipient isolated colonies_ by cooperating with com- W. W. McDOWELL, Speaker of the House. mon carriers and by other means. · Approve~ February 2, 1911. · [SEAL.] JOHN M. Foss, EDWIN ~· NORRIS, Governor. President PhoeniaJ and Maricopa Oounty Board of Trade, Filed February 2, 1911. AND OTHERS. A. N. YODER, Secretary of State. PHOENIX, A1nz., January 28, 191L Mr. McCUl\IBER. I present a memorial of the Legislature of UNITED STATES OF AMERICA, State of Montana, ss: the .State of North Dakota, which I ask may be read. As it is I, A. N. Yoder, secretary of state of the State of Montana, do hereby being read I especially a.sk the attention of the reciprocity Sena­ certify that the above is a true and correct copy of senate joint re.solu­ tors from the eastern part of tbe United States to it. tion No. 1, relative to election of United States Senators by popular There being no objection, the memorial vote. enacted by the twelfth session of the Legislative Assembly of the was read and referred State of Montana and approved by Edwin L. Norris, governor of said to the Committee on Foreign Relations, as follows: State, on the 2d day of February, 1911. Whereas the people of the State of North Dakota being an agricul­ In testimony whereof I have hereunto set my hand and affixed the tural population interested in the raising of food products, are espe­ great seal of said State. cially concerned in obtaining fair and reasonable prices for such prod- CON.GRESSIONAL RECORD- SENATE. FEBRUARY 14 · 2468 '

ucts, and are supporters of a doctrine of protection of home industries : their pow~r ~o have passed the resol"1tion proposing an amendment to Now, therefore, be it the Constitution for the popular elect10n of United States Senators. Resolved by the house of revrescntatircs of the State of North Da­ STEPHEN R. FITZGABRALD, kota (the .~enate concurring), That this legislative assembly, rep~·esent­ President of the Senate. ing the agricultural population of this State, vigorously protests against GEORGE ,MCLACHLAN, the adoption of the Canadian reciprocity agreement, by which the food Spcakei· of the House of Representatives. products of a foreign country will "be brought into competition with Approved this February 8, 1!>11. those of the United States and of the State of North Dakota: Be it JOH..~ F. SHAFROTil, further • Goi:ernot· of the State of Colol'ado. Resolved, That a copy of this resolution be forwarded at once to the Senators and Representatives in ongress. Passed by both the hou.se and the senate. . UNITED STATES OF AMERICA, li;tate of Col01·ado, SS: E. H. GRIFFI~, Chief Olerl~. I, James .B. Pearce, secretary of state of the State of Colorado, do hereby ~e~·tify that .the annexed is a full and complete transcript of l\Ir. PILES. I present a joint memorial of the Legislature ~ enat_e JOmt resolut10n No. 15, by Senator Crowley, which was filed of the State of Washington, which I ask may lie on the table ID this office the 8th day of February, A. D. 1911, at 4.30 o'clock p. m., and admitted to record. and be printed in the RECORD. In testimony whereof I have hereunto set my band and affixed tbe There being no objection, the joint memorial was ordered to great seal of the State of Colorado at the city of Denver this 10th day lie on the table and to be printed in the RECORD, as follows : of I<'ebruary, A. D. 1911. [SEAL.) JAMES B. PEAJlCE, House joint memorial 14. Swretary of State. To the honorable Senators of the United States in Congress assembled: By THO:UAS F. DILLO~, Jr., We, your memorialists, the Legislature of the State of Washington, Deputy. in regular session assembled, believing that the time bas come for the Mr. SCOTT presented a petition of Philip G. Bier Post, No. showing of every consideration to the old soldiers of the Mexican and Civil Wars ; and 17, Department of West Virginia, Grand Army of the Republic Believing that the bill that recently passed the House of Repre­ of New Martinsville, W. Va., praying for the passage of th~ sentatives of the United States Congress and 1.Jlown as the Sulloway so-called old-age pension bill, which was ordered to lie on the bill, providing for a fiat pension for all soldiers over 62 years of age table. of $15 per month, and those over 65 years of age of $20 per month, and those over 70 years of age of $25 per month. and those over 75 ~e also presented a petition of Local Camp No. 11, of Summit years of age of $36 a month, comes more nearly adjusting the inequali­ Pomt, and of Local Camp No. 31, of Vanclevesvill~, P atriotic ties in the various pensions heretofore allowed, and more adequately and more justly shows a due appreciation for the gallant services ren­ Order Sons of America, .of the State of West Virginia, praying dered in times of need to our surviving soldiers and sailors of the for. the enactment of legislation to further restrict immigration, Mexican and Civil Wus; which were referred to the Committee on Immigration. Therefore we most respectfully urge that the said Sulloway bill be immediately enacted into law, and thus we, your memorialists, will ever l\fr. YOUNG. I present a concurrent resolution of the pray. General Assembly of the State of Iowa, which I ask may lie Passed the house February 6, 1911. on the table and be printed in the RECORD. HOW.ARDD. TAYLOR, Speal,er of the House. There being no objection, the concurrent resolution was or­ Passed the ·senate February 7, 1911. dered to lie on the table and be printed in the RECORD, as W. H. PAULHAMUS, follows : President of the Senate. Concurrent resolution.-Senator Brown. Mr. GUGGENHEIM. I present a memorial of the Legislature . Wbere~s a bill, H. R. 2,9346, known as the Sulloway bill, grant­ of the State of Colorado, which I ask may be printed in the ~g pens~01~1s to certain enlisted men, soldiers and officers, who served m the Civil. War. and the War with Mexico, has passed the House of RECORD and referred to the Committee on Pensions. Repr~sen~atives , ID the Congress of the United States, and is now There being no objection, the memorial was referred to the pending ID the Senate : Therefore be it · Re8;ohed by the General Assembly of tlie State of Ioioa That we Committee on Pensions and ordered to be printed in the RECORD, heartily vpprove au of the provisions of said bill and we 'hereby re­ as follows : spectfully request our Senators in Congress to vote for and u e every . Senate resolution 16.-Senator Hecker. honorable. means to secure its passage by the Senate of the United To the S.enate and House of Representatives of the United States it~ States as it passed th~ House of Representatives. Congress asse1nbled: Resolved, That copies of this resolution, signed by the respective officers of both houses, be sent to each of the Senators from Iowa in Your memorialists, the General Assembly of the State of Colorado, the Congress of the United States. would respectfully represent that, Whereas that there is now pending in the Senate of the United States Adopted February 11, 1911. the Sulloway pension bill, being in favor of its passage. GEO. A. WILSON, Secretary. Thei:efore your memorialists pray your honorable body to pass said Mr. GRONNA. I have in my hand a memorial of the Legis­ bill. lature of North Dakota, remonstrating against the trade aO'ree­ And your memorialists will ev,er pray. ment with Canada, similar to the one presented by my colle;gue. STEPHE~ R. FITZG.ARR.ALD, President of the Senate. As it has been read and ·will be printed in the RECORD I will GEORGE :MCLACHLAN, withhold the copy which was sent to me. ' Speaker of the House of R epresentatives. I presen~ a me:r:iorial of sundry citizens of Fargo, N. Dak., Approved this February 8, 1911. remonstratmg agamst the passage of the so-called parcels-post JOHN F . SHAFROTH, Govert1or of the State of Colorado. bill., which I move be ordered to lie on the table, the bill having been reported from the committee. The motion was agreed to. UNITED STATES OF AMERICA, State of Oolora.do, ss : 1\Ir. GRONNA presented a petition of sundry citizens of Olm­ I, James B. Pearce, secretary of state of the State of Colorado, do hereby certify that the annexed is a full and complete transcript of stead, N. Dak., praying for the retention of the present duty on senate resolution No. 16 by Senator Hecker, which was filed in this barley, which was referred to the Committee on Finance. office the 8th day of February, A. D. 1911, at 4.30 o'clock p. m., and He also presented a petition of sundry citizens of Sargent admitted to record. In testimony whereof I have hereunto set my hand and affixed the County, N. Dak., praying for the .passage of the so-called par­ great seal of the State of Colorado, at the city of Denver, this 10th day cels-post bill, which was referred to the Committee on Post of February, A. D. 1911. Offices and Post Roads. [SEAL.] J AMES .B. PEARCE, Secretary of State. l\Ir. BURROWS presented petitions of sundry citizens of By THOMAS F. DILLON, Jr., Detroit, Quincy, and Kalamazoo; of the congregations of the Deputy. United Churches of Charlevoix and the First Presbyterian Mr. GUGGENHEIM. I present a joint resolution of the Church of Burr Oak; of Prairie River Hive, No. 735, Ladies of Legislature of th~ State of Colorado, which I ask may lie on the 1\Iodern 1\Iacc~bees of Burr Oak; of Woodbine Ilebel\.ah the table and be printed in the RECORD. Lodge, No. 244, ln

He also presented a memorial of sundry citizens of Petoskey, Public Lands. I think it should go to the Committee on Public l\Iich., remonstrating against any increase being made in the Lands. It deals with matters of legislation pending in that postal rates on n;i.agazines and periodicals, which was ordered committee. to lie on the table. There being no objection, the memorial was referred to the He also presented a petition of Local Lodge No. 110, Switch­ Committee on Public Lands and ordered to be printed in the men's Union, of Saginaw, Mich., and a petition of Local Lodge RECORD, as follows : No. 80, Switchmen's Union, of Grand Rapids, Mich., praying House joint memorial 5.-Black. . for the enactment of legislation providing for the admission of Memorializing the Congress of the United States to grant relief to a publications of fraternal societies to the mail as second-class large number of citizens of the State of Idaho who have settled upon lands under the homestead laws of the United States in the years matter, which were referred to the Committee on Post Offices 1902, 1903, and 1904, prior to the proclamation and act creating the and Post Roads. Coeur d'Alene National Forest Reserve, within ,which said lands are He also presented a petition of the Common Council of Sault now located, in the State of Idaho. Ste. Marie, Mich., and a petition of the Board of Commerce of Be it t•esolv ed. by . th(: house of rep1·esentatives of the State of Idaho (the senate coticm-ring), That the Congress of the United States be Detroit, Mich., praying for the ratification of the proposed memorialized zs follows: _reciprocal agreement between the United States and Canada, Whereas a large number of the citizens of the State of Idaho settled which were referred to the Committee on Foreign Relations. upon lands under the homestead laws of the United States in the years 1902, 1903, and 1904, prior to the proclamation and act creating the He also presented a petition of the Board of Education of Coeur d'Alene National Forest, within which said lands are now Ionia, Mich., praying for the passage of the so-called children's located, in the State of Idaho; and bureau bill, which was ordered to lie on the table. Whereas protests and contests have been filed by the officials of said reserve against practically all of said settlers' entries, with a view of He also presented a petition of the Woman's Club of Menomi­ having said entl'ies canceled and the lands covered thereby become a nee, Mich., praying for the repeal of the present oleomargarine portion of said reserve ; and · law, which was referred to the Committee on Agriculture and Whereas these settlers have undergone great hardships for upward of eight years in homesteading said lands, owing to the remoteness of the Forestry. same from any town where supplies can .be obtained, and to the fact He also presented a petition of sundry citizens of Antrim, that access thereto can be had only by " pack " trails over a rough Mich., praying for the passage of the so-called parcels-post and mountainous country, over which trnils their supplies and material for homesteading have been " packed " for all these years ; and _bill, which was referred to the Committee on Post Offices and . Whereas all the homes, improvement, and effect of said settlers on Post Roads. · said lands have been entirely destroyed by the forest fil•es of August, · He also presented a petition of the L' Allegro Club, of Mar­ 1910, some of them losing their lives on an attempt to save their ho.mes from dest!'uction, and all the timber upon their claims killed by such cellus, Mich., praying enactment of legislation providing for fires, and the same will rot and become worthless on account ·of the the preservation of forest reservations at the headwaters of worms and pests that follow in the wake of forest fires, unless the set­ ·navigable streams, which was ordered to lie on the table. tlers are permitted to cut and dispose of such timber at an early date ; and · · Mr. CULLOM presented petitions of Local Union No. 741, Whereas said settlers have petitioned Congress for relief on account United Brotherhood of Carpenters and Joiners, of Beardstown; of such protests, contest, and fires, and asked permission to cut and ef Washington Camp No. 18, Patriotic Order Sons of America, sell said timber from said lands in order to save such timber from going to waste on account of such fires having burned over such timberlands; of Pullman; of Washington Camp No. 46, Patriotic Order Sons and of America, of Chicago ; of the Trades Assembly of Belleville ; Whereas a great many of these settlers ha.ve oft'ered final proof on ahd of the Tri-City Central Trades Council, of Granite City, the said lands and, their proofs having been satisfactory, have received their receivers' receipts and final certificates, but their patent is not all in the State of Illinois, praying for the enactment of legisla.­ issued owing . to a blanket protest having been filed against said lands tion to further restrict immigration, which ·were referred to the and entrymen by the Forestry Department, preventing an early deter­ Committee on Immigration. ' mination of their rights : Now, therefore, be it He also presented a petition of Jacquith Post, No. 293, Depart­ Resolved by the Legi-slature of the State of Idaho, That the Congress of the United States is hereby requested to enact such legislation as will ment of Illinois, Grand Army of the Republic, of Chebanse, grant the relief prayed for by such settlers on any such lands ; and be Ill., and a petition of sµndry citizens of Cave in Rock, Ver­ it further sailles, Hillsboro, Fairfield, Danville, Elgin, anQ. McLeansboro, Resolved, That the Secretary of State of Idaho is hereby instructed to immediately forward copies of this memorial to the Senate and in the State of Illinois, praying for the passage of the so-called House of Representatives of the United States and to each of your old-age pension bill, which were ordered to lie on the table. Representatives in Congress. He also presented a petition of Pomona Grange, Patrons of This joint memorial passed the house of representatives on the 6th day of February, 1911. Husbandry, of Peoria; Ill., praying for the passage of the so­ CHARLES D. STOREY, called parcels-post bill, which was referred to the Committee Speaker of the House of Representatives. on Post Offices and Post Roads. ifs joint memorial passed the senate on the 6th day of February, He also presented a memorial of Typographical Union No. 16, 19 L. H. SWEETSER, of Chicago, Ill., remonstrating against any increase being made President of the Senate. In the postal rates on magazines and periodicals, which was I hereby certify that the within joint memorial No. 5 originated in ordered to lie on the table. the house of representatives of the Legislature of the State of Idaho · He also presented a memorial of the Trades and Labor As­ during the eleventh session. JAMES H. WALLIS, sembly of Belleville, Ill., and a memorial of Local Branch No. Chief Ole1·k of the House of Representatives. ~3, Glass Bottle Blowers' Association, of Olney, Ill., remonstra­ ting agail).st any change being made in the present method of STATE OF IDAHO, printing securities, etc., which were referred to the Committee DEPABTMENT OF STATE. on Printing. I, Wilfred L. Gifford, secretary of state of the State of Idaho, do hereby certify that the annexed is a full, true, and complete transcript He also presented a petition of the Tri-City Central Trades of house joint memorial No. 5, lily Black, relating to relief to settlers Council, of Granite City, Ill., and a petition of Prosperity Lodge, who settled upon lands under the homestead laws of the United States, No. 128, International Association of Machinists, of Chicago, situated within the boundaries of the Coeur d'Alene National Forest Reserve prior to the creation thereof. Ill., praying for the construction of all battleships in Govern­ Passed the house of representatives February 6, 1911. ment navy yards, which were referred to the Committee on Passed the senate February 6, 1911. ·Na val .Affairs . an:'"~~!i;t!~ ~!e~e~~rj~is office the 9th day of February, A. D. 1911, . Mr. DU PONT presented memorials of Farmers' Grange, No. In testimony whereof I have hereunto set ~Y hand and affixed the 49, of Magnolia; Blackwater Grange, No. 47, of Blackwater; great seal of the State. Seaford Grange, of Seaford; Hartly Grange, No. 26, of Hartly; Done at Boise City, the capital of Idaho, this 10th day of February, A. D. 1911; and of the Independence of the United States of America Excelsior Grange, No. 8, of Frederica; and Delaware Grange, the one hundred and thirty-fifth. No. 46, of Newport, all of the Patrons of Husbandry, and of [SEAL.] WILFRED L. GIFFORD, Secretary of State. 0. A. Newton, of Bridgeville, all in the State of Del.aware, Mr. BOURNE. I present a telegram from the Legislature of remonstrating against the ratification of the proposed recip­ the State of Oregon, which I ask may be printed in the RECORD rocal agreement between the United States and Canada, which and referred to the Committee on Public Lands. were referred to the Committee on Foreign Relations. . There being no objection, the telegram was referred to the He also presented petitions of Washington Camp No. 18, Committee on Public Lands aild ordered to be printed in the Patriotic Order Sons of .A.m~rica, of Vio~a, and of Local Coun­ R ECORD, as follows: cil, Junior Order United American Mechanics, of Whitesville, SALEM, OREG., February 13-14, 1.911. in the State of Delaware, praying for the enactment of legisla­ Hon. JONATHAN BOURNE; Jr., tion to forther restrict immigration, which were referred to Washington, D. 0. the Committee on Immigration. Senate joint memorial No. 6. To the honorable Senate and House of Representatives of the United ; l\!r. HEYBURN. I . present a memorial of the Legislature of . States of America in Oongt·ess assembled: the State of Idaho, house joint memorial No. 5, and ask that it Your memorialists, the Legislative Assembly of the State of Oregon, be printed· in the RECORD and referred to the Committee on respectfully represent that

XLVI-156 2470 OONGRESSION.A.L RECORD-SEN.A.TE~ FEBRUARY 14,

Whereas Representative MONDELL, of Wyoming, has introduced a bill in Congress to prohibit the suspension of final proofs in land entries on geon Point, N. Y., which was referred to the Committee on protests of special agents and others,- unless such protests are based Commerce. on good, sufficient reasons under the law, providing that when such He also presented a petition of sundry citizens of New York, protests are made the reasons therefor shall be transmitted promptly to the local land office to the entrymen, who shall be given a prompt praying for the passage of the so-called old-age pension bill, hearing; and which was ordered to lie on the table. Whereas we believe much injury has been wrought entrymen in the West, causing much delay to the progress and the development of west­ He also presented a petition of the Musicians' Protective ern lands by such suspension, and that a law should be passed to put a .Association of Buffalo, N. Y., praying for the enactment of stop to indiscriminate suspensions on mere suspicion or informal re­ legislation to prohibit enlisted musicians entering the competl­ ports of agents and others when there is no rea proof to substantiate such action : 'l.'herefore be it tive field with civilian musicians, which was referred to the Resolved, That your memoriallsts favor the bill proposed by Repre­ Committee on Military Affairs. sentative MO!'New York City, oleomargarine law, which was referred to the Committee on Jamestown, Port Richmond, Binghamton., and Poughkeepsie, .Agriculture and Forestry. nll. in the State of New York, praying for the ratification of Mr. RAYNER presented petitions of Washington Camps Nos. the· proposed reciprocal agreement between the United States 82 and 78, of Baltimore; 46, of Golts ; and 80, of Goldsboro, and Canada, which were referred to the Committee on Foreign Patriotic Order Sons of America; of Unity Council and .Ameri­ Relations. can Flag Council, of Baltimore ; and of Hillsboro Council, of He also presented petitions of Sloatsburg Council, No. 93, Hillsboro, Junior Order United .American Mechanics, all in the Junior Order United American Mechanics; of Local Union No. State of Maryland, praying for the enactment of legislation to 1407, United Brotherhood of Carpenters and Joiners, of Perry; of further restrict immigration, which were referred to· the Com­ Iron Molders' Union, No. 260, of Lancaster; of Washington mittee on Immigration. Camp, No. 7, Patriotic Order Sons of America, of Elmira; of Mr. WATSON presented a petition of Washington Camp No. the Central Labor Union of Lancaster and Depew; and of the 31, Patriotic Order Sons of America, and of Local Camp No. 31, Trade and Labor Council of Ogdensburg, all in the State of New American Federation of Labor, of Vanclevesville, W. Va., pray­ York, praying for the enactment of legislation to further re­ ing for the enactment of legislation to further restrict immigra­ strict immigration, which were referred to the Committee on tion, which were referred to the Committee on Immigration. Immigration. He also presented petitions of the Department of West Vir­ He also presented a petition of the Chamber of Commerce ginia, Grand .Army of the Republic, and of Lyon Post, No. 22, and Manufacturers' Club of Buffalo, N. Y., praying that an Grand .Army of the Republic, of Independence, W. Va., praying appropriation be made- to establish a light vessel in American for the passage of the so-called old-age pension bill, which were waters on Lake Erie between Point .Abino, Canada, and Stur- ordered to lie on the table. 1911. CONGRESSIONAL RECORD-SENATE. 2471

Mr. FRYE presented meri10rials of Thorne's Corner Grange, A bill (S. 10793) to amend the immigration law relative to No. 498, of Lewiston, and of Local Grange No. 45, of Norw~y, the separation of families (with accompanying paper) ; to the Patrons ·of Husbandry, in the State of Maine, remonstratmg Committee on Immigration. · against the ratification of the reciprocal agreement between the By Mr. CRANE: United States and Canada, which were referred to the Com­ A bill ( S. 10794) to amend an act entitled "An act relating to mittee on Foreign Relations. rights of way through certain parks, reservations, and other REPORTS OF COMMITTEES. public lands," approved February 15, 1901; to the Committee on Public Lands. l\fr. CLAPP, from the Committee on Indian Affairs, to :which By Mr. BURTON: were referred the following bills, reported them each without A bill (S. 10795) to donate two pieces of artillery for me­ amendment and submitted reports thereon : morial purposes at the grave of the late Brig. Gen. John S. H. R. 24435. An act for the relief of Kay-zhe-bah-o-say (Rept. Casement, United States Volunteers, at Painesville, Ohio; to the No. 1150); and · Committee on l\filitary Affairs. H. R. 24434. An act for the relief of Nah-me-won-aush-e-quay By Mr. FLINT: (Re pt. No. 1151) . A bill ( S. 10796) providing for the adjustment of conflict Mr. OLIVER, from the Committee on Claims, to which ~as between placer and lode locators of phosphate· lands; to the referred the bill ( S. 7565) for the relief of the estat.e of Eliza Committee on Public Lands. B. Ha use, reported it without amendment and submitted a re­ By Mr. PAYNTER: . port (No. 1152) thereon. A bill (S. 10797) granting a pension to Edward J. Moss (with l\Ir. PERKINS, from the Committee on Naval Affairs, to accompanying paper); to the Committee on Pensions. which was referred the bill (S. 10476) for the relief of Passed By Mr. BROWN: Asst. Paymaster Edwin M. Hacker, reported it with an amend­ A bill (S. 10798) granting an increase of pension to W. C. ment and submitted a report (No. 1153) thereon. Elder ; to the Committee on Pensions. l\fr. CLARK of Wyoming, from the Committee on the Ju­ By l\Ir. BEVERIDGE: diciary to which was referred· the bill (H. R. 28215) to fix the A bill (S. 10799) granting an increase of pension to Emily P. time of holding the circuit and district courts for the northern Hubbard (with accompanying paper); to the Committee on district of West Virginia, reported it without amendm.e~t. · Pensions. Mr. BRANDEGEE, from the Committee on the Judiciary•. to By Mr. FRYE: which was referred the bill (H. R. 18014) to amend section A l> ill ( S. 10800) granting an increase of pension to John l\I. 996 of the Revised Statutes of the United States as amended Jackson (with accompanying paper) ; to the Committee on by the act of February .19, 1897, reported it without amend­ Pensions. ment and submitted a report (No. 1154) thereon. By Mr. BRADLE~: Mr. WETMORE, from the Committee on the Library, to A bill (S. 10801) for the relief of the estate of Jonathan B. which was referred the amendment submitted by l\Ir. BACON on Polk, deceased; to the Committee on Claims. the 10th instant proposing to appropriate $1,500 to procure for By Mr. OLIVER: the court room of the Supreme Court of the Unjted States a A bill ( S. 10802) for the relief of the owners of the steamers marble bust with pedestal, of the late Chief Justice Melville Harry B r ow n· and Stella Moren; to the Committee on Claims. Weston Fuller, and also proposing to appropriate $1,500 to pro­ AMENDMENTS TO APPROPRIATION BILLS. cure for the robing room of the Supreme Court of the Umted States an oil painting of the late Chief Justice Melville Weston Mr. SCOTT submitted an amendment proposing to appropriate Fuller intended to be proposed to the sundry civil appropria­ $10,000 for the erection and completion of the memorial struc­ ture at Point Pleasant, W. Va., etc., intended to be proposed by tion bill, reported favorably thereon an~ ~oved that .it be referred to the Committee on Appropriations and prrnted, him to the sundry civil appropriation bill, which was referred to the Committee on. Appropriations and ordered to be printed. which was agreed to. · Mr. WETMORE submitted an amendment proposing to ap­ Mr. McCUl\IBER. On yesterday the Senator from West propriate $150,000 to purchase the 'tract of land formerly Virginia [Mr. ScoTT] repprted from the Committee on Pensions known as Graceland Cemetery, in the District of Columbia, to the bill (H. R. 29346) granting pensions to certain enlisted be used as a public park, etc., intended to be proposed by him men, soldiers and officers, who served in the Civil War and the to the sundry civil appropriation bill, which was referred to War with Mexico, and submitted a report thereon. I present the views of the minority on the bill and ask that they be the Committee on Appropriations and ordered to be printed. printed. PENSIONS TO SURVIVORS OF CIVIL AND MEXICAN W ABS. The PRESIDENT pro tempore. The views of the minority l\fr. McCUMBER submitted an amendment in tb:e nature of will be printed. (Rept. No. 1145, pt. 2.) a substitute intended to be propoEed. by him to the bill (H. R. BILLS INTRODUCED. 29346) granting pensions to certain enlisted men, soldiers a net officers, who served in the Civil War and the War with Mexico, Bills were introduced, read the first time, and, by unanimous which was ordered to lie on the table and be printea. con ~ent, the second time, and referred as follows: RECIPROCITY WITH CAN ADA. By Mr. JONES: A bill ( 10786) to amend section 2291 of the Revised Stat­ Mr. GALLINGER. Mr. President, on yesterday the Senator s. from Delaware [Mr. DU PoNT] had inserted in the RECORD a utes of the United States, relating to ho~es tead entries; to the Committee on Public Lands. · letter of the Secretary of Agriculture in favor of the reciprocity A bill ·( S. 10787) granting an increase of pension to Warren agreement with Canada. I have in my hand a reply to that letter, signed by ex-Gov. Bachelder, of my State and home city, J. Bowman; . A bill ( S. 10788) granting an increase of pension to Orlando who is chairman of the legislative committee of the National Grange. I ask unanimous consent that the letter may likewise Gates; and A bill (S. 10789) granting an increase of pension to Francis be inserted in the RECORD, and that it may be referred to the M. Committee on Printing, with a view to having it incorporated Cox ; to the Committee on Pensions. in a document with the letter of the Secretary of AgricultUre. By Mr. WARREN: A bill ( S. 10790) to provide for the acquisition of a site and There being no objection, the letter was referred to the Com­ the erection thereon of a public building at Newcastle, Y.,yo.; mittee on Printing, with a motion to print it as a document, and to the Committee on Public Builiilngs and Grounds. it was ordered to be printed in the RECORD, as follows : NATIONAL GRANGE, PATRON S OF HUSBANDRY, By l\Ir. HEYBURN: Oonoord, N. H., Febriiat·y 13, 1911. A bill (S. 10791) to eliminate from forest and other reserves Hon. JAMES WILSON, certain lands included therein for which the State of Idaho Secretary of Agriculture~ Washington, D. 0. had, prior to the creation of said reserves, made application to DEAR Srn: We are in receipt of your letter of February 9, in which you endeavor to show that the Canadian reciprocity bill is fair to the the Secretary of the Interior, under its grants, that such lands farming interests of the country. We deeply r egr et that you have seen be surveyed; to the Committee on Public Lands. fit to take this position, and deplore the character of the arguments advanced by you in favor of this so-called r eciprocity scheme. By Mr. PENROSE: In reply to our statement that the pending bill was onesided and A bill (S. 10792) to promote the erection of a memorial in unfair to the farmers, in that it makes no material reduction in duties conjunction with a Perry's victory centennial celebration on on manufactured articles used by them, you attempt to defend the continuance of a high tariff for manufacturers, along with free trade Put-in-Bay Island during the year 1913, in commemoration of for the farmers, by claiming that it is the protected workers who fur­ the one hundredth anniversary of the battle of Lake Erie and nish the farmers with their chief market. We would respectfully the northwestern campaign of Gen. William Henry Harrison in submit that you are simply repeating the pet argument of the domestic manufacturer, and that in asserting that the prosperity of the farmer the War of 1812 (with accompanying paper); to the Committee depends on the workers in protected industries, you are claiming what on Naval Affairs. is exactly the reverse of actual conditions. It is on the prosperity· of 2472 CONGRESSIONAL RECORD-_ SENATE. FEBRUARY 14,

the farmers that the welfare of all other classes-manufacturers, mer­ On February 9 : chants, transportation interests, and factory workers--depends; and we can not understand bow, at this late day, you should be found re­ S. J. Res. 133. Joint resolution providing for the filling of a peating the stale and exploded theory that the farmers exist by the vacancy, which occurred on January · 23, 1911, in the Boa rd of grace of protected manufacturers, or anyone else on earth. This, however, is not the occasion for a discnsston of the general Regents of the Smithsonian Institution of the class other than question of protection versus free trade. 'rhe sole question before the Members of Congress; and American people is whether we shall have free trade in all farm S. 9449 . .An act to provide a commission to ~ecure plans and products and high protection for manufactured articles. We under­ stand that you are a protectionist. What kind of protection is it that designs for a monument or memorial to the memory of .-\bra­ would compel the farmer to pay from 45 to 60 per cent duties on ham Lincoln. everything he buys and subject him to free-trade competition in farm On February 13 : products, which · can be produced more cheaply in Canada than in this country? You know that the price of farm land is much lower in S. 1318 . .An act for the relief of Arthur H. Barnes; Canada than in the United States. You know that the wages of Cana­ S. 2429 . .An act for the relief of the estate of James i\Iitchell, dian farm labor are much lower than we have to pay. You know that deceased; the Canadian farmer buys his manufactured articles cheaper, because his tariff on foreign goods is lower. You know that the farm lands of S. 3097 . .An act for the relief of Douglas C. l\IcDoagal ; Canada a.re mostly virgin soilh requiring no fertilizers, while 01.J! .lands S. 3494 . .An act for the relief of Edward Forbes Greene; have been cropped so long t at we must use immense quantities of S. 3897 . .An act for the relief of the heirs of Charles F . .At­ fertilizers. And yet, knowing all this, you would strike down the very moderate tariff, averaging about 25 per cent, which they now receive, wood and Ziba H. Nickerson ; without giving them the benefit of any real reduction of duties on S. 4239 . .An act to amend section 183 of the Revised Statutes; manufactures. S. 4780 . .An act for the relief of the heirs of George A. Arm­ The esteem·and affection in which we hold you personally, and as the head of the Department of Agriculture, makes difficult a suitable re­ stronO' · joinder to your letter. We can only conclude that you have been de­ S. 5379 . .An act to provide for the erection of a monu111C'

Mr. SMOOT. Let the resolution be read· as modified. ment of the-District of Columbia> for the :fiscal year ending June The PRESIDENT. pro tempore. The resolution will be· read 30, 1912, and for other purposes, was- ordered to a third reading as modified; and passed. The resolution as modified was read and a-greed" to, as fol:. Mr. BANKHEAD. r call the attention of· the Senator from lows: New Hampshire to the matte:r. R es olved, That the Postmaster General oe, and he·· is· hereby, directed l\Ir; GALLINGER. Mr. President; in reference to that mat­ to transmlt to the Senate a· statement from the records of the Post ter; I will say that. it was· understood that the Senator ftom Office Department showing : L '!'ha number of opportunities for promotion or railway mail clerks, Alabama was to offer an amendment to the bill, to which I did resulting from deaths, removals; or· otherwise, during· the· past fiscal not object; being willing that the·matter should go to conference. year and the number of. promotions actually made, giving clasEes. in The Senator yesterday was unavoidably absent fro.m the Cham~ each instance. 2. The numbe1- of railway mail clerks killed and injured In wooden ber, I apprehend not thinking the· bill would be so rapidly railwa y mail cars- suffering wreck or· collision· while being operated in passed: · trains in front of heavier cars of steel or. steel underframe c.onstruc­ r have no objection· that· the vote by which the bill was tion during the last fiscal year. 3. What penalties, if any, have been enforced against railroads for ordered· to a third reading and passed· may be reconsidered for operating wooden mail cars in front of steel or steel underframe con­ that single purpose. I should• object to any further amendments struction cars in the same train, and. the amount oi penalties collected being- offered' to the bill. or withheld from. railroads on- this ground. during the last fiscal year. 4. A statement of all penalties collected or withheld from the rail­ Mr. KEAN. What is the amendment? roads for delays in the· transportation of mail during; the last. fiscal 1\fr. GALLINGER. It relates to a park. year. Mr. KEAN: It is subject to a point of order? 5 .. A list of all railroads with whom mail contracts have· been• made during the past year in which no provision_ is made for penalty or Mr; GALLJ:.rTGER. It- is, undoubtedly. damages for (a) delay in the- transportation and delivery of mail mat­ The PRESIDENT pro tempore: The question is on tbe· mo­ ter., (b) violation of the law and rules of the department regarding the tion. of the- Senator· from Alabama [Mr. BAN.KHEADJ that the operation of wooden mail, cars in front of steel cars 01,·steel underframe cars in the same train. . vote by which the District of Cofumbia appropriation bill was 6i The number· of· post-office cars now being- constructed or. under ordered to a third reading, and passed be· reconsidered in order contract for construction. on plans· and; specifications approved by· the that the bill may be open to amendment.. :Post Office Department showing- (a) the number of wooden· cars-, (b) wooden cars with steel underframe, (c) steel cars. The motion was agreed to. . 7". The increase in· mail• tonnage ' and the increase in the number of The PRESIDENT pro tempore. The amendment pr_oposed. by letters and par·cels carried during· the Inst fiscal y.ear over the.. preced ~ the Senator from Alabama will be stated. Ing. year and the increase; ifi any, in the number of railway mail clerks and total pay theTeof during the same period. The SECRETARY. On page 14, after line 12, it is proposed 8. The number of resignations of railway mail clerks during each of to. insert: ' the: past five ye.ars, giving the· class from wlilch• each clerk resigned. That tlie Commissioners of. the- District. of Columbia be, and they are hereby, authorized and directed to· acquire- for a park; by purchase or LUMBER- INDUSTRY OF THE UNITED STATES. condemnation, the tr.act. of land. known, as. the. Carpenter-Pennsylvania The PRESIDENT pro tempo:re laid before the Senate. the Avenue tract, more particufa.rly descr-ibed and ta:xed as parcels 206, 1; 206, 2 ;. 2.07, 8 ;, and 2.01,. 9; containing 121_ acr.esi, moi:e- or less, at an following-message- from the President of_the United. States ( S. expense not ex-ceeding $210;000 ; and'. for that purpose the sum of Doe. No. 818.)', which was read, and, with. the accompanying $.210,000, to· be immediately· available, is bereby. appropr.iated, out of paper, refened to the Committee on Finance and. ordered to be any money in the Treasury, of the, United States no.t otherwise appro, printed: :r>.riated: Provided, Tha.L one,-half: of. the said sum of $21.0,000, or so much thereof as· may be expended; shall be reimbursed to the Treasury To the Senate and, Hou-se of R epresGntatives :.· of the United States out of the• revenues. o-f the• District of ~olumbia, in fom· equal, annual: installments, beginning with-the fisc.atyear 1912, and. In ~esnonse · to. the resolution of the' H.Duse of Representati:v.es, with interest.. at the- rate of 3 per cent per annum. upon. the· deferred dated December 13, 1906, and: to the resolution of the Senate, payments: And prnvided · further, That_one half of the sum that. shall be daied Januar;y 18, 1907, I transmit. herewith! Part I of the annually, appropciated· and; expended for" the- maintenance; and improve­ ment. of said. lands aa a public park· shall! be charged: against and paid report of the Commissionen ot Corporations on: the lumber in­ out of the revenues o:fl the District of Columbia. in the same manner dust:r:y· of the United· States._ now provided by law in respect to other appropriations for the District of. Columbia, and· the othe£· half shall be appropriated out of tbe Tmii WHITE HOUSE, "E'eb1"1.W.ry v,, 1911. Treasury of: thee United: States It said; commissioners• shall. be unable to pur.chase. said land at a price not exceeding the sum ot ~10,000, . then H:A.ZING AT WEST POINT-VETO· MESSA{{E, they. shall proceed to acquire said' land in the manner prescribed for providing· a site for an- addition to· the Government Printing Office in The PRESIDENT pro tempore laid befor:e the Senate the so much, of: the. act approved July- 1, 189&, as- is set forth on pages. 648 :following message from the. President of the United States and 649 of Volume XXX o.f the. Statutes at Large.; and. foe the purposes of the: said acquisition the Co.mmissioners ot the Distrjct of Columbia (S. Doc. No. 819); which was read and' ordered, to be printed, shall haveo and.. ex--ercise- all: pow.ers conferred' upon the- Public Printer and, with the· accompanying bill, r.eferred tQ the Committee on­ in said act·: Prnvided, That the public. r>ark. authorized and established Military Affairs: by. this. act shall. become. a, gart of. the park s.ystem of the Distr-ict of Columbia and. be under the. control of" t:he C.hief. of Engineers, of. the To, the Senate: United· States- Army. l return herewith, without approval, Senate joint resolution No. 94, entitled " Joint.. resolution authorizing the President to The amendment was agreed. to. give certain former cadets of the United. States Military Acad­ The amendment was. ordered. to be. engrossed and the. bill to emy the benefit of a recent amendment of the· law relative to be read a thirdi time. hazing at that institution." These. cadets received a fair and The bill was read the third time. and passed. impartial trial in accordance· with law as it. existed at the time­ CONSEBVA.TION Oll' NA.VIDABLE. RIVERS: ot. their trial; and_were punished by dismissal. Their connection Mr-. BURTON. .Mr. President, I desire to give notice that to~ with. the .Militai·y Academy has been entirely severed, and they: morrow, immediately after-the morning business,_I shall address are now in civil life. the Senate· on· the· billi (H. R. 11798) to enable any State to co­ The Snperintendent o_t the Military Academy, the Chief o:tl operate with any other State or States, or with. the United Staff, and the Secretary of War are· of the· opinion that the States,. for the protection of· the watersheds of navigable enactment of this joint resolution would have a very injurious. streams, and to appoint a commission for the acquisition of effect upoll' the Milita:ry Academy, and would tend to seriously lands for the purpose of conserving the navigability of navigable demoralize the discipline-there. In this opinion I concur. rivers. Notice was given for to-da.y, but that has been displaced. WM. H. T.AFT. The' PRESIDENT pro tempore. There is a special order fo:t TELE WHITE HOUSE, February 14, 1911. to-morrow. DISTRICT. OF COLUMBIA. APPROPRIATION' BILL. Mr~ BURTON. Yes; but I take it tha.t the sr>ecial' order will Mr. BANKHEAD. Mr; President, I was unavoidably absent not be taken up until 2 o'clock. from the Senate yesterday morning when the District of Co­ Mr. BRANDEGEE. There being a unanimous-consent agree­ lumbin appropriation· bill was passe~ I had an agreement with: ment for to-morrow relative to the bill to which the Senator the Senator from New Hampshire [Mr; GALLINGEBl in charge from· Ohio refers, r do not see how he can obtain any s.12ecial of the bill that I might offer ail amendment while the bill was­ right as against any other. Senator by giving such a. notice as nending in the Senate. rt was no fault of his that I did not. he has just-given. That bill will be up for consideration. The offer the amendment at that time, because he made an effort unanimous consent is to vote upon the amendments and the bill to get me here. I have conferred with him since, and he· sug­ to final passage on that day, and the Senator from Ohio must gests that I' move to reconsider the votes by which the bill was take his chances as any other Senator has_. to do when l\e desires ordered to a third reading- and passed, in order- that 1 may to- sneak. offer the· amendment. I make the motion. I Mr; B-URTON. Mr. President', as :r understand, that orde~. 'rhe PRESIDENT· pro tempore. The Senato:r from Alabama for unanimous-consent does not take effect until 2 Q'clock. moves to reconsider the votes by which. the bill (H. R.. 31856). Mr. BRANDEGEE. There. is no such li.mitation in. the· unani­ making appropriations to· provide for the expenses-of the govern- mous-consent agreement, Mr. President. It is simply that on ~ 2474 CONGRESSIONAL R~CORD-SENATE . . FEBRUARY 14,

that day, February 15, which will be to-morrow, the Senate will Shurtleff, the speaker of the Illinois House of Representatives, -Vote upon the bill to its final passage. Nothing is said about 2 and he did not leave us in any doubt as to Mr. Shurtleff's im­ o'clock or any other hour. portance as a witness, because to give emphasis to his criticism l\fr. GALLINGER. Mr. President, it would be manifestly a_gainst the committee for its failure to call him, he made this unfair for a Senator, by notice, to preempt the time of the statement: Senate on a unanimous-con ent agreement. He might occupy the llr. President, they would have called Mr. Shurtlet'r, the speaker of the house; who was the leader of the campaign on the Republican side to entire day, and the friends of the measure might not have any secure the election of Mr. LORIMER. They would have called him, be- opportunity whatever to discuss it. I think the Senator from Connecticut [Mr. BRANDEGEE] is quite right in saying that the ~fo~~1e~h~}£~tk1f1~ntd'R~~~~ i::J ~1fh bfu~ale:ng,~!ff ~~lw~~~bt be was Senator from Ohio must take his chances with other Senators The Senate will also remember that the Senatoi- from New when that bill comes up for consideration. York had scarcely concluded that criticism when he was inter­ l\fr. BURTON. I think the Senator from New Hampshire rupted by the Senator from Kentucky [~Ir. PAYNTER] and the [l\1r. GALLINGER] makes the statement a little strong in saying Senator from South Dakota [l\fr. GAMBLE], who reminded him that what I propose is unfair. I have no intention or expecta­ that this record shows that the committee did call the honorable tion of occupying any unusual part of the day. Mr. Shurtleff and that he did testify touching all of the most l\Ir. SCOTT. Mr. President, I ask unanimous consent for the important matters under investigation. consideration of House bill 29346, known as the Sulloway pen­ Not only did the Senator from New York complain at the sion bill. committee for its dereliction in respect to Mr. Shurtleff, but he l\lr. BAILEY. l\fr. President, I gave notice that immediately complained also that it did not call the Yarborough brothers; after the conclusion of the routine morning business to-day I and here again I find, Mr. President, a circumstance which com­ would claim the attention of the Senate. pels me to believe that the Senator from New York relied upon l\fr. SCOTT. I ask the Senator's pardon. I did not h"TIOW somebody else to examine the record for him, because a lawyer that. I withdraw the request. of his great ability and of his accuracy could not have over­ SEN.A.'.rOR FROM ILLINOIS. looked the fact that this record makes its own explanation of why the Yarborough brothers were not called. Those witnesses ~'he PRESIDENT pro tempore laid before the Senate the re­ were called on the trial of Lee O'Neil Browne, and they swore, port of the Committee on Privileges and Elections relative to corroborating White, that they were in White's room on the certain charges relating to the election of WILLIAM LORIMER, a night of May 24 when Browne called there and took White to Senator from the State of lliinois, by the legislature of that his own apartments, where he made the corrupt contract with State. him for White's vote. [:Mr. BAILEY resumed and concluded the speech begun by After Sidney Yarborough had sworn to that as a fact, the him yesterday. The entire speech is printed below.] defense called a number of witnesses ·who overwhelmingly Monday, February 13, 1911. contradicted him. One of those witnesses was a Mrs. Ella Gloss, who· swore that on the night of the 24th of May-which was the Mr. BAILEY. Mr. President, before addressing myself to the night on which White swore before the committee that Yar­ results of this investigation, I think it advisable. to say something borough was in his room and the night on which Yarborough about the methods which the committee employed in making it. himself had sworn before the court that he was in White's room I am not moved to do this by any objection on my own part to at Springfield-Sidney Yarborough took supper in her home; those methods, or because I doubt in the least that they were best that he took breakfast there the next morning; that he went to calculated to eYolte the truth, but as several Senators, and par­ Wheaton that day, returned that night, and left Chicago on the ticularly the Senator from Iowa [l\fr. CUMMINS] and the Sena­ night of the 25~h day of May for the city of Springfield. tor from New York [Mr. RooT], have criticized the investigation The learned attorney in that case interrogated Mrs. Gloss, as lacking in thoroughness, I feel that in justice to the commit­ as he did before the committee, about Yarborough's other visits tee I ought to make some reply to that criticism. to her home. She said that he had visited h r home at other I can easily understand how a Senator who feels that the times, and when asked to sp,ecify them she could not do so. I testimony elicited by the committee leaves him in doubt as to freely say to the Senate that when she could remember this par­ his duty might complain, and it would be for the committee to ticular time and could not remember the other times, it strongly answer whether the doubt of such a Senator could have been discredited her testimony with me. But finally they asked her removed by any testimony within their reach. If any Senator how it happened that she could remember this particular visit should describe himself as in that mental condition and he and fix the day, but could not recall the other visits of Yar­ could indicate any witness who might enlighten him on any borough to her home; and then she satisfactorily explained it dispnted point, I would, without hesitating a moment, vote to by saying that it was the day before her boy's birthday and that recommit this report to the committee, with instructions to pro­ the little fellow had been begging her for a baseball bat and a cure such additional evidence. But, sir, it is utterly impossible baseball mitt, and Mr. Yarborough gave him 25 cents that morn· for me to comprehend how any Senator can complain at the ing with which to buy the baseball mit the next day. . Mr. committee for having taken, or for having omitted to take, any President, no man needs any further confirmation of that good testimony, and then in the next breath declare that on this woman's story, because she locates the day by a circumstance record as now made up he does not hesitate to pronounce a which never fails a woman's memory. judgment which will undo what the legislature of a great State But, sir, that was not all. The defense called the husband has done, deprive Illinois, for a time at least, of a seat in the of Mrs. Gloss, and he corroborated his wife's testimony. They Senate, and drive one who holds the commission of a great also called a street-car conductor by the name of Bell, who Commonwealth from the Senate Chamber with a stigma upon testified that he met Gloss and Sidney Yarborough on l\londay, his name which neither his children nor his children's children the 24th day of May, as Gloss and Yarborough were on their can outlive. way to Glo8s's home. In order to discredit Bell they demanded But, Mr. President, without intending to be offensive, I am of him to identify Yarborough in the crowded courtroom, and constrained to belie·rn that neither the criticism of the Sena­ he clid it. tor from Iowa nor the criticism of the Senator from New Mrs. Gloss had testified that at her table Sidney Yarborough York against the committee is entitled to our serious consid­ had declared that his railroad fare did not cost him anything, as eration, because their speeches show that they have not studied he rode on the pass of Charles White, who is the principal wit­ this record with sufficient diligence to pass an intelligent judg­ ness in this case, and who had known Sidney Yarborough when ment upon it. I say that because in both of their speeches they both lived at O'Fallon, Ill. The conductor of the Iliinois they have misstated the testimony on material points, and I Central Railroad train which left Chicago at 10 o'clock on the know that neither of them would have done that to save his night of the 25th of May was called, and identified a coupon own seat in the Senate, and much less would either have done pass which he had punched and taken up on his train that night so to vacate the seat of another Senator. With these misstate­ The clerk of the assistant to the president of the Illinois Cen­ ments of the testimony before me and knowing the high char­ tral Railroad was called and required to bring into the court the acter of the Senators who have made them, the only explana­ cou11on passes which had been issued to and used in the name of tion possible to my mind is that they are due to a lack of Charles White. He brought 41 of them, and he was required familiarity with the record. Not only, l\Ir. President, were to lay those coupons on a table in the open court with their these Sena tors mistaken as to the language and the effect of faces down, so that no one could see the date, and o:i:ily the sig­ certain testimony, but the Senator from New York was mis­ nature on the back of each would be exposed. They called on taken about the appearance of a witness whose testimony he Mr. Gloss, who claimed to know the handwriting of Sidney deemed essential. The Senate has not forgotten that in enu­ Yarborough, to pick out of these 41 coupon passes bearing the merating the witnesses whom the committee ought to have called name of Charles White the one signed by Sidney Yarborough. before it but did not, the Senator from New York included l\Ir. Gloss picked a particular coupon, and when they turned its l91L . .:o·oNG"RESSIONAL -REOORD-· SENAT·E. 2475

face .over ' it was the very ·one wliich had been used ·on the Q. ·state w..hat. if any, ·conversation you ~had -with 'Terrm ?-..A.. ·.1\Ir. ·rnrnois Centra1 Railroad un the night of -the 25th o~ lay, thus f ±he -Shel'man men ill.e ·.might The Senator from New York also coIIJ.plai:ned that this com- 1ead some ·of them ·nack "to · the 'suppo1't of Hopkins, -an.d .he ,m.ittee did not call .the 'Clerk 0f the Ilolstlaw .Bank,:at lu.ka,-lll.: tmildJy ~admitted ±he cnarge. _J will -rea'd to the Senate these ami in-rall :fairness I mnst say that if.I JJ.ad 'been a · member "0f ,: q•'lresfi ns ·a-n.d "the ans:wers : the ·subcommittee and had known what I now know ·I would 'Q. Yotcwel'"e an adherent ·-of former ·Senator 'Hopkins, weren't - you ?~ · have .thought it important to call the offi.cers of that .bank. But A. Yes, sir. · as tile record rwa:s then ·made up--.1 .might m.ot have deemed it Q . .A:nd you were .the.re .actively •and .energetically for him, weren't you ?-.A. 1: voted the first 1'8 times for Senator Hopkins. FI"om tbat important. I went to L rr wrence -Y. Sherman, and stayed there ·until the last two : THE 'CES"TlMO~Y. ballots. and then ·went .back to Senatol' Bo--pkins . The Senators on the committee who .have preceded me ha-ve . Q. Well, .YOJJ were all of ·tile time :an a.ahereJrt of .former Senator Bopkins, even when you were voting for Lawrence Sherman '!-A. Yes, ..reviewed the testimony with .such ability and with ~such clea1·­ str ; . I was . .ness tha.t ·.I would not deem it necessary to ocC-tJPY the :attention Q. :nm changed yourvoting to Sherman to 'try ·an'

with you." Is that the answer which an honest man would rial election, and he answered in the affirmative, stating that make to an attempt to bribe him? There on the floor of the the conversation in question had occurred about a week before Illinois Legislature, in full view of all the assembled people, is LoRIMER was elected, and ·that he had endeavored during that that the kind of an answer which an honest man would make conversation to dissuade White from voting for LORIMER. In to an attempt upon his honor? ' order to avoid any question about whether or not I am accurate George W. Alschuler, who sat one row behind Lee O'Neil in my statement on this particular matter, I will now read the Browne and three seats to the left of him, swears that he was questions and answers : watching Browne at that critical moment, and that Meyers did Q. Do you know Charles A. White ?-A. I do. not go to his seat. If there were no testimony about it, if Q. A. member of the same legislature ?-A. Yes, sir. Q. Did you have a talk with him before the election of WILLIAM Browne did not deny it-and he does deny it in the most em­ LORIMER for United States Senator ?-A. I did. phatic terms-if Alschuler did not say it was not true, if a Q. When ?-A. Well, I would not attempt to fix the date, but my page assigried to duty at Browne's desk, and who stood there recollection is about a week before. Q. What was the conversation ?-A. The conversation was-the mat­ through a roll call recording the vote, did not swear that Meyers ter came up-something came up, as I remember it- now, it is quite a did not go there, I would not believe him or any other man on little while ago, and I would not like to state positively just the nature of -it, but I think that White made this remark to me: That if he got a earth, whose only answer to an attempt to bribe him was, chance to vote for BILL LORIMER for Senator he was going to do it. "I can't go with you." · Q. What was the rest of it ?-A. Shall I go ahead and state it all? Mr. President, I now dismiss those three witnesses upon whose · Q. Yes; tell what he said to you and what you said to him.-A. I integrity these attempts were made and come to White, Link, said to him, " Charlie, I think you will make a great mistake if you do anything of the sort." I said, "You know you are a young man; you · Beckemeyer, and Holstlaw, who are so often described as the are new in your districti and undoubtedly stand high with the people men who have admitted that they were bribed to vote for down there or they woula not have put you here, and I believe it will be LORIMER; which is not true as to all of them, as I will show your political death 11 you do anything of that sort," and I told him what I thought would be the condition down there in O'Fallon, where before I resume my seat. he came from, if he did do this. I told him I did not believe his best WHITE. political friends would speak to him when he went home, and I re­ member that he made the remark that he " didn't care a damn," but The first witness called before the committee was Charles A. that he " intended to do it if he got the chance." This, to my best White, whose testimony I do not intend to review. By his recollection, was about a week before. Q. Did you say anything to him about the locality from which he own confession he is a perjurer and a bribe taker; and while came being in southern Illinois, and a strong Democratic district ?-A. suc:P. a man might tell the truth, it. would be purely accidental I did. I mentioned the fact to him that his people were largely foreign; if be did. The only thing I intend to do with reference to they were French, German, and Irish, very largely. White's testimony is to show that it is flatly contradicted by Q. Did you talk to Mr. White after that ?-A. I did. reputable and unimpeached witnesses. Shaw's testimony, as I have just recited it, conclusively dis­ Recognizing that his story needed corroboration, White sought proves White's statement that he was influenced to vote for LaRI­ to corroborate it by locating two of his friends in his room on MER by Browne's promise to pay him for his vote, made on the the night of the 24th of May when Browne went there for the night of the 24th day of May. But, Mr. President, not only • purpose of corrupting him; and 'in order to give the story the does this conversation with Shaw before LORIMER was elected appearance of truth, he even testified to certain comments made establish the perjury of White, but the very day after the by Mr. Browne upon the occupancy of that small room by election he made statements to Mr. Thomas Curran which are three men. I have already, in another connection, shown that equally' as conclusive of his perjury. Mr. Curran was chairman White's story with respect to the Yarboroughs being in his room of the committee on Labor and Industrial Affairs, and a Repub­ was proved to be so utterly false that even the prosecution itself, lican. He swears that on the day after Mr. LORIMER was elected after one experience with it in on the trial of Browne, wholly to the Senate he met White in the corridor of the statehouse at abandoned it. White's testimony is not only discredited Springfield, and that among other things White asked him if by the exposure of his falsehood with respect to the presence "there was anything doing in that senatorship election of of the Yarboroughs in his room on the night of May 24, but LORIMER yesterday," and expressed a belief that he bad been it is further discredited by a conversation which he had with "double-crossed." In order that Senators may have before Homer E . Shaw before the election of LoRIMER, and also by a them the exact language, I will read the questions and answers: conversation which he had with Mr. Thomas Curran after the Q. At the same time and at the same conversation did White say to election of Mr. LoRIMER. The Senate will remember that White you, "Was there anything doing on that senatorsbip election of LORIMER yesterday? "-A. Yes, sir. testified that he was induced to vote for LoRIMER by a compen­ Q. And did you say, " Not that I know of. I heard of nothing of sation which Browne promised him on the night of the 24th the kind. You are a Democrat and voted for him, and you ought to of May, though the exact amount was not agreed on until the know if there was. Why do you ask? "-A. Yes, sir; that was our conversation. next night, when White says h~ returned to Browne for a con­ Q. Did White then say to you, "Well, I didn't know; I thought there ference in order that a defimte sum should be agreed on. was. I thought that Browne was double crossing us. I thought I was Ao-ainst this testimony of White stands the testimony of Homer being double crossed."-A. Yes, sir. E~ Shaw, and, Mr. President, I will go out of my way to volun­ Q. Did you say, "I know nothing about it at all? I have heard teer the statement that so far as I can judge by the printed nothing? "-A. Yes, sir. page, a more iiltelligent and a ID:or~ truthful witness did not ap­ Here we find this man White the very day after the election pear before the committee. This is the same Shaw also about inquiring of another member of the legislature, a Republican, whom the Senator from New York made another mistake when who had also voted for LoRIMER, whether "there was anything he declared that- doing"- and complaining that he thought he had been " double Mr Groves testifies also to a conversation before the election with crossed." Does not this, Mr. President, assuming that Curran Mr Shaw one of the men who voted for Mr. LORIMER, who was then swore the truth, show that White perjured himself when he about to vote for Mr. LORIMER, in. which Mr. Groves, his suspicions swore that Browne had promised to pay him a thousand dollars excited by the attempt made upon h1m- to vote for LoRIMER? If Browne had made such a promise as That statement is another evidence that the Senator from that White would not have been in the corridors of the New York did not examine this record with that care which capitol asking if there " was anything doing" and complaining the importance of our decision demands. I again say that I that he had been "double crossed." No, sir; Curran's testimony know he would not misstate the testimony of any witness or as to what occurred between him and White on the 27th day of misrepresent the vote of any member of the legislature; and yet, May is utterly irreconcilable with White's testimony as to what sir Shaw did not vote for LORIMER, and so distinctly testified occurred between him and Browne on the night of the 24th day, when he was on the witness stand. In order that there may be of May. no mistake about that, let me read the very first questions he But, Mr. President, there is additional testimony to disprove was asked and to which he replied: what White has said. Two witnesses, a Mr. Stermer, the Mr. AUSTRIAN. What is your full name, please ?-A. Homer E. Shaw. assistant manager of the Briggs House in Chicago, and a Mr. Q. Where do you reside?-A. Bement, Ill. · Q. What is your business, Mr. Shaw?-A. I am a banker. Zentner, who is a traveling salesman, both testified to a state­ Q. Will you be kind enough to speak loud and address the chairman. ment which White made to them in the barroom of the Briggs Were you a member of the Illinois House in the Forty-sixth General House on the 19th of August, 1909. In that conversation White Assembly ?-A. I was. indicated his plan to black.mail LoRIMER, and in reply to the Q. Republican or Democrat ?-A. Democrat. Q. Do you remember the election of Mr. LORIMER on the 26th of direct question if he had anything on them, admitted that he Ma§?-A. Yes, sir. · did not, but said: Q. Did you vote for Mr. LORIMER ?-A. I did not. I voted for LORIMER, and I am a Democrat, and I can say I got Q: At any time were you approached with reference to voting for money for voting for LORIMER. Do you suppose they can stand !or it Mr. LORIMER-at any time?-A. I believe I was at one time asked if I a moment? I guess they will cough up when I say the word to them. could do so. Q. Anything further?-A. No. sir. Although, Mr. President, there ·is nothing in this record to Further on in his testimony Mr. Sha-.v.. was asked if he bad impeach the character or veracity of either Stermer or Zentner. ever engaged in any couversation with White about the senato- and although their occupations are useful and honorable, and 191.1. . OONGRESSION AL RECORD-SENATE. 2477

although their story, taken in connection with what we know of them, rather. He says, "No, he hadn't." He said he got the worst of it af Springfield, but that didn.., t make no difference, he was a White and what be had said to others, is in itself entirely probable, Democra-t, and had voted for LORIMER, and he could say that he got still, sir, the Senator from Iowa [:Mr. CUMMINS] has declared money for it. He said. "Do you think they could stand for that that he does not believe one word of their testimony and gave game?" Mr. Zentner said, "My God, you wouldn't treat Browne that wa:v, would you?" "Well," he said, "I am looking out for his reason for disbelieving it. Let me read to the Senate ex­ White, and besides," he said, " Browne wouldn't have to pay ; the actly what the Senator from Iowa said: bunch back of him would have to do that; it wouldn't hurt Browne." ·The next contradiction comes. from Stermer and Zentner. Stermer, That is about all that was said at that time. you will remember, was the companion of Mr. Browne and Mr. White upon these visits across the lake ; visits which consumed a large part ZENTNEil.'S STA.TElliENT. of these profits, not only from the ordinary jack pot, but from the elec­ Q. Now, will you tell this committee exactly that conversatlon, as tion of Mr. LORIMER as well. you remember it, and as you have testified to it on the two Browne trials ?-A. The entire conversation? The Senator from Iowa read that testimony so hastily that he Q. Yes, sir.-A. We were talking about this trip that we just re­ described Stermer as the man who took the trip across the turned from, from Michigan. We had been over to Michigan, and the little experiences, numerous experiences that h::.ppened on this trip, lake with White and Browne, though the testimony distinctly we were relating them to Mr. Stermer, and Mr. Browne said, or Mr. shows that it was Zentner. That, however, is not vital, and White said, then, he was going to take a trip that fa!!, he was going the important part of the Senator's statement is found in what to his home in O'Fallon, down to New Orleans, over to Cuba, and up to New York, where he was going to have a good time, and then be follows, when he said: was going home, and one of us asked him, we said, "You must have They say, and this is the only materiality of their testimony, that quite a lot of money to make a trip Jlke that, haven't you, Mr. one day after liir. White and Mr. Browne had come back from one of White?" He said, "No; I haven't, but I am going to get it, and I these trips, ,White was drunk, as usual, and that he said to them, after am going to get it without working, too." I asked bim then, I said, reciting what he was going to do, that they then immediately asked "How are you going to do that?" "Well," he said, "You know that him whether he was going to turn against his friends, and then asked LORIMER crowd and their old pal Browne will have to 'come a~ross' him whether he had anything on them, and he said, " No, I have noth­ when I say the word, and I am going to say it, too." I asked him ing on them, but I am out for what is in it for White." then what he meant; I said, "What do you mean?" " ·well," he I do not believe a word of that evidence for t.wo reasons. In the said, "I got the worst of it down at Springfield. I am a Democrat and first place, the testimony shows that it was repeated word for word I voted for LomMER and I can say I got money for it, can't I? without variation by the two men. More than that, it was repeated Can they stand for that kind of game? " I saidi' " God, you wouldn't word for word before the committee as it was given at one of the trials treat Browne that way?" White said, "No; am looking out for of Mr. Browne on his indictment for bribery. Every man here knows White, and besides Browne wouldn't have to stand for it, anyway ; it tha that can not be honestly done. It has been attempted a great would be the bunch behind him." And that was about all the conver­ .many times. I have seen it attempted a great many times, and I never sation. About 1 o'clock they closed the bar, promptly at· 1, and we saw it succeed. went out in the lobby of the hotel then and left Mr. Stermer. I was following the argument of the Senator from Iowa M:r. President, with these statements before the Senate, I closely when he made that declaration, and I felt impatient will leave White to the contempt which he has richly earned, at myself to think that I had overlooked the circumstance which and I will proceed to consider the testimony of Link. he then related. I thoroughly agreed with him in thinking that no statements of the same transaction, made by two LINK. different men, were apt to be word for word alike unless But before I call attention to that part of it which I con­ they had been reduced to writing and committed to memory. sider pertinent to this discussion it is proper for me to remind I therefore felt vexed at myself for having attached much the Senate that both Link and Beckemeyer have been used to weight to the testimony of Stermer and Zentner. Without corroborate White, and, if we accept their testimony as true, any thought that I would find the statement of the Senator they have corroborated him with respect to the payment of from Iowa incorrect, and purely with the expectation of hav­ $1,000 at one time and $900 at another time. It will be re­ ing it confirmed, the very first thing I did that night, when I membered by those who have read the testimony that when sat down at my table to work, was to take this volume of evi­ White offered his story to the Chicngo Tribune he was asked if dence and turn to the testimony of Stermer and Zentner. You there were any members of the legislature who would corrobo­ can hardly imagine my surprise, sir, when I found that, so far rate it. This question makes it plain, sir, that those who were from the two statements being identical, word for word, there dealing with White and offering him a price to advertise his in­ were just such discrepancies between them as tended to give famy to the world understood the necessity of supporting his them credibility, and in order that the Senate may now see testimony. White him,self swears that while the Tribune people how badly mistaken the Senator .fTom Iowa was in that most were negotiating with him for his story they asked him if be confident assertion, I will point out several instances in which could be corroborated, as appears from these questions and the two statements differ. answers: Q. At any time ; if you took it in there and left it and walked out, Stermer's statement appears on page 533 of the printed testi­ and then went back again, that is the time I want; the first conver­ mony and Zentner's on page 541. ·In the second line of Stermer's sation you had with him after he knew what it was.-A. . I could not sfatement he says White declared that be "was going to take quote the first conversation verbatim, but he asked me if there were any of the members who would corroborate my story, and I told him I bad a big trip in the fall and winter," while Zentner represents no one's corroboration except my own story. White as saying that he was "going to take a trip that fall." Q. Do you mean cooperation or corroboration ?-A. Corroboration. Zentner omits the adjective " big," which was used by Ster­ Q. Cooperation ?-A. No. sir; corrobo1·ation. -mer, and also omits the words "and winter.". Again, in the Q. Corroboration ?-A. Yes, sir. very next clause of the same sentence Stermer declares that The importance, Mr. President, of this matter is that it em~ White said that- phasizes the Chicago Tribune's understanding that White's First, he was going to his home, to his home in O'Fallon, and from story uncorroborated would impress no intelligent person, and there he was going to New Orle·ans, from New Orleans to Cuba, from Cuba to New York City, where he expected to have a big time, and they therefore stipulated in their contract with him that he then he would come back home again. should de\ote himself, so far as called upon by the Tribune As Zentner repeats White's statement, it was that- people, to the work of corroborating his story. It was to meet He was going to his home, in O'Fallon, down to New Orleans over the necessity for this corrob-Oration that Link and Beckemeyer to Cuba, up to New York, where he was going to have a good time and . were finally prevailed upon to swear that they had received then he was going home. ' money in sums which corresponded to• the payments which There are no less than 10 differences in this part of a single White swears were made to him. sentence, and similar immaterial discrepancies run through Sir, I have my own theory of Link's testimony with reference e-rery sentence. A close examination of those statements, in­ to the $1,000 and the $900 which he said were paid to him in stead of discrediting Stermer and Zentner, will serve to St. Louis on two different occasions. The testimony shows strengthen and fortify their testimony, and I am sure that the that Link was brought to the city of Chicago, and carried be­ Senator from Iowa, after having his attention directed to his fore the grand jury of Cook County, but did not furnish the tes­ mistake, will cheerfully withdraw his serious reflection upon timony which the State's attorney desired. That testimony, those two witnesses; and in order that he may see his mistake according to Link's statement, was that he should affirmatively I will here reproduce the two statements: answer just two questions-the ·one that he had received STE:BMER'S STATEMENT. $1,000 from Browne and the other that he had received $900 Q. Will you just repeat the conversation once more?-A. He said from Wilson. When before the grand jury the first time Link be was going to take a big trip in the fall and winter; that first he would not give that testimony, and they called him back the was going home, to his home in O'Fallon, and from there he was going to New Orleans, from New Orleans to Cuba, from Cuba to New second tiine to the grand-jury room, and still he would not York City, where he expected to have a big time, and then he would testify as the State's attorney wanted him to do, and then they come back home again. One of us asked him, or said to him, rather that he must have a lot of money to take a trip of that kind. He· indicted him for perjury. With this indictment in their hands, said that he didn't have the money, but he was going. to get it, and they drew a picture of his horn~ on one side and of the peni­ he said he was going to get it without working for it, too. Mr'. tentiary on the other. They told him that if he would swear ~eD;tner asked him how he was going to do that. Well, he says: as they wanted him to swear they would dismiss the indictment " rrnat LORIMER crowd and our old f1·iend, Browne, bas got to • come across' good and strong with me when I say the word, and I am going for perjury and let him go home a free man without any to say it, too." Mr. Zentner asked him if he had anything on him, or charges resting against him. But they told him that if he did 2478 ·CONGRESSIONAL ·RECORD-BENATE. FEBRUARY 1"4, not testify as they desired, they would send :him to the 'Peni­ 'The PRESIDENT pro tempore. Does the Senator from tentiary, and that he would lose ·his farm, and even ·1ose his .Texas yield to the Senator from Idaho 7 ·1wife. Standing the11e with the door of the .penitentiary ·opening Mr. BAILEY. Yes. before him, .harried and distracted by the ·power and the threats Mr. BORAH. In what respect did the Senator from Idaho of the State's attorney, he finally yielded, and cried out in the misstate l\Irs. Luke's statement? anguish of his narrow soul, " If I must tell a lie, I will do it, but Mr. BAILEY. ..In this reBpect, .and "I: think when I .have I do not want to do it." In .that frame of mind they took the pointed it out the Senator from Tdaho will ask leave to correct wretched man a thi.r:d time before the grand jury, and he then the RECORD. If the Senator from Idaho -will turn to the testi­ gave the testimony which ·has since obliged him to corroborate mony of Mrs. "Luke he will •find that, pointedly and unequivo­ White, at least as to these two ipayments of money. cally, she swears that when Luke returneCI. from St. Louis But, sir, although Link does ·swear that at one time he re­ he did not show her any money. She swears that riie exhibited ceived $1,000 from Browne and at another time he :received to her the $950 before he -went to that meeting .at St. Louis. $900 from Wilson, he also swears 1distinctly ·and repeatedly that Mr. "BORAH. 'The Senator inserts ·something into my re­ -not one dollar of either sum was :promised to him or rpaid to marks that I did not say and -was -very careful ·not 'to sny. -I him on account of his vote for LORIMER. Here are his answers did not say that Mrs. Luke said that after his return from as they appear on page 301 of the printed testimony : St. Louis he had $950, and the REconD 'does 'Dot bear that Q. Did you ev01· receive any money or any ·other thing -uf value ·statement. I sa:id that upon one occasion at lea-st he -was from anybody-Browne, Wilson, or anybody else--on condition, or on -present, and l\µs. Luke said that he received ·a :telegram and the promise or agreement or understanding, directly or indirectly, that you were to vote for WILLIAM LORIMER for United States Senator?­ returned home at one time -with $950. .And the Ill.ECORD is :in A. I certainly ·did not. precisely that .language. Senator ·GAi\IBLE. Or after he had 'VOted for LOBIMER. Mr. BAILEY. I am 1willing to -leave the.question ·between us Q. Did you ever receive any money from Lee O'Neil Browne, · Bob ·wnson, or R . .JD. Wilson, whate-ver .his .name ·is, or -anybody else, or ftom to the co1d print. I regret, however, that the Senator says he · any source whatever, or did you receive any other thing of value .at ·was -careful in framing that statement, because that looks 11ke any time from anybody because you had voted for W.ILLIA.M LORIMER he desired, ·without =actually ·say.ing -so himself, to mislead the •for United States Senator ?-A. No, sir. ·Q. -Was there ever any consideration moving to you, or to anybody superficial reader -into thinking that Mrs. Luke swore that her .for you, ·or for your benefit, in any ·place, !rom any source whatever, husband had this money in his possession after he -returned with the understanding that you were to vote for WILLIAM .LORIMER from the St. Louis meeting. Mr. President, the Senator from for United States Senator, or if you had voted for WILLIAM LORIMER 1for United ·States Senator, any consideration n:f any kind 'I-A. None Ida-ho says .that I have inserted "something ·into his remarks whatever. and that he did not say it.; " but the Senator is as badly .mis­ :BECKEMEYER. taken about that as ,he .is about Mrs. Luke1s testimony. In the I come now to the witness, Beckemeyer, who ·swears most .third sentence of .the -paragra_ph which I chave quoted, the Sena­ positively that he was not promised anything as an inducement tor from lldaho says : to vote for LORIMER. On -page '234 ·of the printed testimony he His wife testified that he received a

Q. You believed it was some time in the month of June, 1909 ?­ These are the strangest thieves that ever congregated in a A. Ye .. Q. Thereafter do you know whether or not he received a telegram civilized country, if this statement of Holstlaw is to be believed. from Robert E. Wilson ?-A. Yes. I am more credulous, perhaps, than I ought to be, and I can be Q. Did you see it ?-A. No ; he read it to me. easily imposed upon by any reasonable story; but, sir, I balk Mr. AUSTRI.AN. After the receipt of this telegram, did your husband leave your home in Nashville ?-A. Yes, sir. when I am asked to believe that a bribe giver will offer $2,500 Q. Do you know where he went ?-A. He went to St. Louis. to a legislator who has already declared his intention of voting Q. Upon his return from St. Louis, did he show you anythi.ng?- the bribe giver's way. I have no acquaintance with such people A. No. Q. Did yon see anything he brought with him ?-A. No. that would qualify me to understand or to explain their conduct, Q. Did he have any large amount of money?-A. No. but speaking from my limited knowledge of human nature I Q. Did he exhibit to you any amount of money ?-A.. No. think it very much more probable that a bribe giver would keep Q. Did you see $050 in his possession ?-A. I did. Q. When ?-A. Before that time. the money intrusted to ·him by his principal even after he had Q. Before be went to St. Louis ?-A. Yes. promised it tr> one of his fellow corruptionists, than it is that Q. Where had he been immediately before?-A. I don't know. he would volunteer to pay it when there was no necessity for Q. Had he been away from home 'I-A. Yes, sir. ·doing so. If $2,500 were left a bribe giver to be paid over to a Q. Had he been to Chicago ?-A. No. Q. Had he been to St. Louis ?-A. No. bribe taker, the bribe giver would be more apt to keep it than Q. Where had he been ?-A.. I don't know. he would be to pay it over; and it has never happened in the That is substantially all in connection with that. It seems history of the world that a corrupt and dishonest man has to me absolutely and directly in line with the suggestion made volunteered ,to part with money left with him under such cir­ by the Senator from Texas. cumstances. , .Mr. BORAH. Mr. President-- But they say that Holstlaw is corroborated by a bank trans­ The PRESIDENT pro tempore. Does the Senator from action which has been stressed before the committee and before Texns yield to the Senator from Idaho? the Senate with great effect. They ask us to believe that Holst­ Mr. BAILEY. Certainly. law received this money from Broderick, because they say that Mr. BORAH. For just a moment. I do not desire to enter he deposited it that very day in a Chicago bank and that the into a controversy about the matter now, but I desire to put amount of his deposit corresponds exactly with the amount in the RECORD, precisely in line with what has just been read which he says that Broderick paid him. But, sir, when Holst­ and in the light of the further fact, that four other witnesses law was asked the name of the bank in which he deposited that testified that Luke wns present at St. Louis-- money he gave the wrong name, and had to be prompted by the Mr. BAILEY. There is no question about that. His wife attorney for the Tribune. Let me read those questions and answers, for they are brief: so testifies. I Mr. BORAH. His wife says she did not know where he was, Q. What did you do with the money ?-A. I took it and put it in the but he did receive a telegram, and that he had $950. bank. . Q. What bank?-A. In the First National Bank. Mr. BAILEY. But she testifies that he had the $950 before, Q. Do you mean the First National Bank or the State Bank of Chi­ and not after, the St. Louis meeting. c.ago, which ?-A. I believe it is the State Bank of Chicago-pardon me, Mr. BORAH. But she says she does not know where he I believe it was. . went when he went away. Q. The State Bank of Chicago?-A. Yes, sir. Mr. BAILEY. That is true. Now, Mr. President, it is impossible for me to believe that a Mr. BORAH. It is very true. man who had received $2,500 and deposited it under circum­ Mr. BAILEY. But that is not unusual. There is many a stances which must have burned it into his brain as if with fire, wife who does not know where her husband has gone. could have forgotten the name of the bank in. which he depos­ [Laughter.] ited it. Not only, sir, did he forget the name o-:f the bank in Mr. President, as this record is to be permanent, I want to which it was deposited, but a still more remarkable and inexpli­ say here that I would believe that I had myself intentionally cable circumstance is that the bank whose name had escaped him misquoted the RECORD as readily as I would believe that the was the correspondent of a bank which he owned and controlled Senator from Idaho would do it. I know be would not. at Iuka, Ill.; and, as if to make his testimony still more im­ Mr. BORAH. I appreciate, of course, the statement of the probable and still more inexplicable, he testified at a subse­ Senator from Texas, and if I thought in the light of the evi­ quent stage of the investigation that he had never, before or dence which is now before the Senate, I had misquoted it, I since, personally made any deposit in that bank. Having per­ would at this time restate it for the purpose of having the sonally made but one deposit there, and that of money received IlECORD in future bear the correct interpretation of the evidence. as the price of his honor, I can not believe that he would have Mr. BAILEY. I am sure of that. forgotten the name of the bank. Mr. BORAH. I repeat that when you take Mrs. Luke's 'l'he attorney for the Chicago Tribune has treated this bank testimony, the testimony of the four witnesses, the fact that deposit slip as confirming Holstlaw's testimony beyond all doubt. she said her husband received a telegram and denied having He not only offered it in evidence, but not content with that he $950, the conclusion which I drew was a perfectly legitimate one. had it photographed, and a photogra-phic copy of it is printed Now, I am perfectly willing to leave the matter where the Sen­ in his original brief. · ator from Texas places it; that is, that the wife does not very A Mr. Newton, the chief clerk of that bank, appeared before often know what is happening when the husband is out of sight. the committee, and testified that Mr. Holstlaw had personally HOLSTLAW. deposited this money, and that he, Mr. Newton, as the chief Mr. BAILEY. But, Mr. President, there is another witness clerk of the bank, had personally received it from Mr. Holst­ upon whose testimony the prosecution relies with greater confi­ law. That is not exactly in accordance with the face of the dence than on that of White or Link or Beckemeyer. They have deposit slip, because it does not bear the stamp of the chief introduced Senator Holstlaw, who swears that Senator Broder­ clerk. It does not bear the stamp· of the receiving teller, but ick paid him $2,500 to vote for Senator LORIMER, and they insist it bears the stamp of the note teller. Still, that might happen. that Holstlaw's testimony is entitled to special weight because It is not exactly regular, but it might be entirely honest. it is corroborated by a bank deposit made at the time he re­ But, Mr. President, as my suspicion had been excited by ceived that money from Broderick. Holstlaw's testimony when Holstlaw's improbable account of his first interview with Brod­ analyzed would need corroboration, been.use his story on the erick, and still more by his mistake as to the bank in which he face of it is a most improbable one. Let me quote it to the deposited that money, I very naturally thought it proper to Senate in his own words. Here it is: scrutiµize this deposit slip as closely as possible, and on it, when Q. Mr. Holstlaw, on May 26, 1909, whom did you vote for for United read in connection with the attorney's brief, I found what I States Senator ?-A. I voted for WILLIAM Lonnrnn. believe t9 be indisputable evidence that it is a forgery. In this Q. You were there in the joint session that day, then ?-A. Yes, sir. reply brief filed by the attorney he again specifies this as a Q. Before voting for WILLI.AM Lonn..rnn on the 26th of May, 1909, was there anything said to you by anyone about paying you for voting most convincing proof that Holstlaw swore the truth when he for Mr. LoRIMER ?-A. On the night before the 26th, which was the said that Broderick pa.id him $2,500 as bribe money, because 25th, Mr. Broderick and I were talking and Mr. Broderick said to me, it shows that Holstlaw on that very day deposited with a bank he said, "We are going to elect Mr. LonIMER to-morrow, aren't we?" I told him, "Yes, I thought we were," and that I intended to vote for in Chicago that exact amount to the credit of his bank at Iuka. him. As if to emphasize it still more and more, he cites us to the ~en~i~;e~~;;t-wtn3a~de ;~g0he says "There is $2,500 for you." page of his original brief on which the photographic copy can A. Said "There is 2,500 for you." be found, and then he declares that- Mr. AusTRI.AN. Where was that conversation ?-A. It was at the St. The testimony is most important because Holstlaw had testified that Nick Hotel, on the outside of the building. · immediately upon receiving the $2,500 in currency from John Broderick Q. What night, the night before the vote for LORIMER was taken he deposited this $2,500 at the State Bank in currency, in large bills, on the 2Gth ?-A. Yes, sir ; on the night before. and the photographic copy of his own deposit slip, in his own hand­ Q. What Broderick do you refer to ?-A. I refer to Senator Broderick. writing, is to be found on page 98 of our opening brief. 2480 €JONGRESSIONAL. RECORD-SENA/rE~ FEBRUARY l~1

:rr will ask'.· the- Sergeant-at Acrms to brihg- me tlie papers:· in Mr. BAILEY. Certainly. this case, particularly the paper- giving· a list' of the witnesses Mr.' ROOT. Is there one ward: of tes.timony ·in this-· recordl to to be · summoned andl the 0 pape1· containing:-Holstlaw's acknowI• the effect that the bank clei:k.did not make out the deposit slip edgment of service.- When

Senator told me that the president of that bank told him that be preserved is by yielding an ungrudging obedience to the will this slip was really a copy made by a newspaper correspondent. of its majority. I also believe-and I deeply regret that my But I did not choose to repeat that. I took it as the author­ belief does not appear to be shared by many others now-that ized attorney had presented it. I hardly believed that an parties are indispensable to the successful administration of a attorney, permitted by the courtesy of this committee to appear free government, for, unless I have misread the history of the before it and present this case,. would have introduced a spuri­ world, the alternative of party government is pel'sonal go>ern­ ous document. He introduced it; and attached so much im­ ment; and I am sure that if political parties ever disappear portance to it that he photographed it; and then, in order to from the arena of American politics, a man will come to take · emphasize and gtrn it probative force, he stated upon his re­ their place. He may come first on foot and he may walk with sponsibility as an attorney in the case that it was in the very becoming humility among the multitude, but as his power and handwriting of Holstlaw. Now, if that is not true, I am not influence grows he will don a uniform and mount a horse, responsible for it. I have made an argument based on the and then we will have a government by the sword instead of the record and the briefs, and that, sir, is perfectly fair and proper. one which our fathers ordained. In the opinions of the Supreme Court you will find many cases If, sir, suspicion attaches to any members of the Illinois where they have commented on statements made in the briefs Legislature by reason of the bare fact that they voted for Mr. before ·them, and surely, sir, it is not unprecedented or remark­ LoRIMER, the Republicans rather than the Democrats who able that I should do so here. voted for him are the ones who can be more justly suspected. Not only is Holstlaw discredited by his improbable story, to The Democrats were simply doing what they could to demor­ which I have alluded, and by what I believe to be the forgery by alize the Republican Party by defeating its nominee for an which they have attempted to corroborate him, but there is still important office, and that is nothing extraordinary nor at all another circumstance which in my mind destroys the value of his unusual. During the past three years I have voted many times testimony. He had been indicted in Sangamon County for per­ with what we call the Republican "insurgents," and in more­ jury, with respect to another and totally different transaction, than one instance I have been actuated in doing so by a belief and was advised by the sheriff of that county to employ a cer­ that I could thus further divide and disrupt the Republican tain nrm of lawyers. Those lawyers contrived to have the in­ Party. I have made no concealment of my purpose in that dictment for perjm'y quashed upon an agreement with the State's respect, and I venture to say that the CONGRESSIONAL RECORD attorney that Holstlaw would sign a certain paper which they will show that I made more than one declaration of that kind. had prepared. In that paper, which was to procure his immunity But, sir, the case was wholly different with the Republicans of from a just punishment for perjury, he first made this statement the Illinois Legislature. They were bolting their party's nomi­ of his transaction with Broderick, although he had not been ques­ nation, and I think that if we are inclined to indulge suspicion tioned by the grand jury about the senatorial election, and it against anybody we would have a better right to suspect the bore absolutely no relation to the offense for which he had been Republicans who bolted their party than the Democrats who indicted. That he was guilty of one crime I do not think ad­ aided in making that bolt suc<:essful. mits of the slightest doubt, but he was relieved from the con­ The Senator from New York, and he was not alone in pur­ sequences of that crime by confessing that he had committed suing that line of argument, has spoken as if he thought the ac­ another. Not only, Mr. President, did they agree to allow tion of those Illinois Democrats is without precedent, as well Holstlaw to go unwhipped of justice for an offense of which as without excuse. Sir, they have forgotten the history of Illi­ they had the ample and documentary proof, but they also nois, because more than once a result like this has been wrought :agreed to give him immunity against any prosecution for the out in the legislature of that State. All over this land to-day other crime which they thus induced him to confess. they are celebrating the anniversary of Lincoln's birth, and mil­ WHY DEMOCRATS VOTED FOR LORIMER. lions are paying homage to his integrity and patriotism. Even the Southern States, against which he levied a cruel war, have But, Mr. President, turning from all the witnesses and docu­ buried their animosity in the years which have elapsed since ments, the Senator from New York demands of us to expiain then, and pay respectful deference to his memory. Yet, sir, bow it is that .53 Democrats in the Legislature of Illinois could Abraham Lincoln signalized his entrance into national politics have voted for Senator LoRIMER unless they were bribed to do by .an episode which Senators profess themselves incapable of so. I might_answer, and that would be sufficient for those who understanding. In 1855 Lincoln was a candidate for the Senate, know him, that they were thus insuring the defeat of ex-Senator and was supported by the Republican members of the Illinois Hopkins; and almost any Democrat would consider that a satis­ Legislature, if it is proper to call them Republican, as the Re­ factory explanation. I intend no reflection UI>On the character publican Party was just then in its formative state. But no or integrity of ex-Senator Hopkins, but we all remember his matter about the name of the party whose candidate he was, he narrow and bitter partisanship. He could hardly bring himself was supported by all of his partisans in that legislature. to admit in the House or in the Senate that a Democrat could The Democratic candidate against him w~s James Shields, ·a be an honest man and a patriot; and if he would say those bitter remarkable and a romantic character, but his election was things here, what kind of speeches do you suppose he was in made impossible by the refusal of five Democrats to vote for habit of making against the Democrats of Illinois on the stump? him. Those five Democrats, under the leadership of John l\I. IDs very presence in a Democratic assembly would have almost Palmer, who afterwards became a Senator from Illinois, ·rnted provoked a riot, sir. [Laughter.] I have here an extract from for Lyman Trumbull, and after an ineffectual effort to elect the speech which he delivered in the House of Representatives their candidate the Democrats withdrew Senator Shields and on what was known as the force bill, and in which he de­ substituted Gov. Matteson as their candidate, and, fearing nounced the Democrats of that day and of that body with such the election ·of Matteson, Lincoln advised his Republican friends severity that one of the ablest men in it, and one of the mildest to vote for Lyman Trumbull, a bolting Democrat, who received men who ever represented a district there, protested against it 43 of the 45 Lincoln votes in that legislature, and with them from his seat. l\Ir. President, I believe I will read to the Sen­ was elected a Senator. Lincoln afterwards explained in a letter ate a small part of what l\Ir. Hopkins said on that occasion: to the Hon. E. B. Washburne that he could have held 15 of The argument which have been indulged in by the gentleman from his vo~es to the end of the legislative session, but that he feared . the South against this bill are the arguments which are indulged 1n by the hardened criminal who seeks to avoid . the just punishment of the the -election o:t Matteson, and, under his own advice, his friends crime which he has <:ommitted. abandoned him to elect a candidate who avowed allegiance to Mr. CULBERSON. Tl.fat is too rough. another party. The same John M. Palmer who led the bolting 1\!r. HOPKINS. It may be rough, but it is true. Democrats in the Illinois Legislature of 1855 was, more than He denoUn.ced the whole Democratic Party, because Demo­ 30 years afterwards, himself elected to this body by the votes·of crats North and South, East and West, were opposed to that men who did not belong to the Democratic Party. infamous measure. Yet they wonder . why Democrats should Who does not remember, sir, the time when the Illinois Demo­ help to accomplish his defeat. But r do not need to rest a crats elected David Davis to the Senate, taking him from the defense of the Illinois Democrats who voted for Senator LoRr­ supreme bench. In 1885, I believe it was, that sturdy Demo­ MER on the extreme partisanship of ex-Senator Hopkins. There crat, William Morrison, was our nominee and the Legislature is another and an altogether sufficient ·reason for the course of Illinois stood 102 to 102. The Democrats were unable which they pursued. They were in a hopeless minority, without to poll the full party vote for Morrison, and when it ap­ the shadow of a chance to elect a Democrat, and whether it were peared that Logan's election was imminent they cast ninety-odd wise or not, it certainly does not justify an imputation of dis­ votes for Charles B, Farwell, a Republican, in order to defeat honesty against them that they aided in defeating a Republican the Republican nominee. Having failed to stampede the Re­ nominee. I do not say that I would have done what they did, publicans, the Democrats withdrew their -votes from Farwell because I run one of those old-fashioned partisans who finds it and cast them for Judge Lambert Tree. difficult to vote for any candidate except one nomlnated by my There was one incident of that contest in which a non­ own party. I believe that the only way 1n which a party can partisan patriot can find the greatest satisfaction. The Demo:. 2482 CONGRESSIONAL RECORD-SENATE. FEBRUARY 14, crats, as I have said, held a membership in the joint assembly kindly, LORIMER, with that patient, chlldlike countenance, those com· passionate, drooping eyelids, has endured all and bided his time. Al­ of 102. The Republicans likewise had 102, but God laid his ways obs~rving, apparently, the doc~rine of nonresistance, he has waited hand on a Democratic senator and left the Republicans with a opportumty, rested while his enemies worked, listened while his rivals ~ajority of one. rr:here was, however, loyal and brave Repub­ talked, and then blandly and gently led the way to the solution he a himself had planned. lican there who said that the election of a Senator ought to be • • • • • • • settled by a full legislature, and he paired with the dead man He was about 20 years old when he made his appearance as a horse­ until his successor could be elected. car conductor on the old Madison Street line between State Street and I relate that with more pride and satisfaction than I relate Western Avenue. In this employment be first showed his talent fot· handl!ng. men. He organized the Street Railway Employees' Benevolent the_ ~ubsequen~ proceedi~g, because that was a piece of sharp Associat10n, and became at once the big man of that littJ" world. political practice for which our friends on the other side have Faithful to those who worked with him in an humble occupa­ been famous, more or less. The district which had been rep­ tion; faithful to his business associates; faithful to his personal rese~ted by tl:~e dead ~tate senator was overwhelmingly Demo­ and political friends; faithful to his widowed mother and his cratic, and the Republlcans pretended that they did not intend fatherle!'S sisters; faithful to his wife and children; and faith­ to make a nomination, and they did not. But while appearing ful to his God, I will not, sir, upon this evidence believe that to let the contest go by default, they organized a most remark­ he was faithless to his country. able campaign. They sent men into every county of the district ostensibly to sell sewing machines and other articles but really THE LAW. to inform all Republicans of the plan. They printed their bal­ I come now, Mr. President, to consider the legal effect of lots, distributed them, and, marvelous to say, kept their secret. bribery on an election, and the whole law relating to that sub­ The word wa~ pa sed around that no Republican "as to make a ject is comprehended in these two short and simple proposi- sign of life until 3 o'clock on the afternoon of the election. tions: · Promptly at 3 o'clock they came pouring out of their homes and Fi_r~t. If t.J;ie officer whose election is challenged personally places of business, captured the polls, elected a Republican and participated m, or encouraged, or sanctioned the bribery then broke the deadlock by reelecting Logan to the Senate. ' his election is void, without reference to the extent ~f the This, sir, was not an uncommon contest in the State of Illi­ bribery. nois, except in its aftermath. When Abraham Lincoln helped to Second. If the officer whose election is challenged did not elect. a Democrat there was no suggestion of bribery and cor­ personally participate in, or encourage, or sanction the bribery ruption. When the Democrats of the Illinois Legislature t~en, . in ord.er to inYalidate his election, it must be shown by elected David Davis·to the Senate there was no effort to soil the sufficient evidence that enough votes were bribed to affect the name of that great State. When William R. Morrison, as brave result. and true a man as ever devoted his life to the service of any The first proposition has not always been recei>ed as the law country, failed to command his full party strength in the legis­ without question, and many eminent lawyers have insisted that lature, there was no hint of bribery. But all of this is now no election can be invalidated by bribery, no matter by whom it sadly changed, and a Senator here who for 14 years has held was practiced, unless it was sufficient to have produced the an unquestio:q.ed commission in the other House, and whose habits result. Indeed, sir, so late as the Payne case, a committee of will not suffer by comparison with the cleanest Senator on either the Senate pretermitted an explicit declaration on that point be­ cause some of its Members maintained that view.· But a fur­ ~de. of this Cha.m~er, is pilloried before the world as a corrup­ t10mst and a cnmmal. What is there in his life to warrant or ther and a more thorough consideration has established the rule justify this cruel warfare against him? He never touches as I have stated it, ·and it is now universally accepted both in the Senate and in the courts of the country. I do not mean, of liquor of ~ny kind ; he ~oes not swear ; he does not gamble; he does not mdulge even m the. small Yice of using tobacco; he course, that there are not some who still protest against it, but is a model husband and father; and while manv of those who th~y .belong to that class of lawyers, happily very small, who assail him were reveling, he has made his home ~when in Wash­ t~k. they can enha~ce their reputation for legal acumen by ington with the Young Men's Christian Association. reJectmg the most umversally received opinions. Those for whom he bas worked, those with whom lle bas It was not necessary for me even to state my first p1~oposition of law, and certainly it is not necessary for me to are worked for him all bear witness to because both the testimony and the admissions in this 1•ecord his justice and his generosity. His business associates vonch render it wholly irrelevant to this discussion. At the very for his absolute probity. And yet, sir, they ask us to destroy threshol~ of the investigation those who are seeking to impeach this man of Christian character and blameless life' upon the the elect10n of l\fr. LoBIMER distinctly admitted that thev did testimony of self-confessed bribe takers and perjurors. Before not. expect to connect him personally with any of the bi:ibery they can make me belie>e that this man has committed a which they hoped to prove to the satisfaction of the committee crime they must offer me something better than the testimony ?ne of that great array of witnesses testified to anything of men who sell th.eir votes and then proclaim their infamy to ~d ~ot impllcating th:e Senator from Illinois person~py in any c01·· the world for a price. Men of upright life and Christian con- rupt transact10n. .As a member of the subcommittee tha duct do not commit the crime of bribery. . Senator from Ten~essee [l\Ir. FRAZIER] heard all the testi~ony, Left fatherless when he was 10 years old and af a time and although he dissents from the conclusion of the committee when children of his age should be at play, he went to work he. fully a~reed with it in that particular respect. With ~ and, with the aid of an older brother, supported his widowed fairness which has won for him the respect of all who are for­ mother and his sisters. Without complaint and without falter­ tunate enough to _enjoy his personal acquaintance, the Senator ing, he did his duty as a son and as a brother. Strugglina with from Tennessee disposes of this phase of the question in these poverty and obscurity, be worked his way from a bootblack's words: stand to a se~t in the Senate of the United States; and, so help While there are some facts and circumstances in this case tending me God, I will ne>er blast a career like that except upon the to show th::it Senator LORil\IF.R may have heard of or known that cor­ testimony of honest men. [1\Ianifestations of applause in the rupt practice:; ":ere being resorted to, and while Senator LoRil\IER raped to avail himself of the opportunity of going on the stand as a galleries.] The story. of WILLIAM LoRIMER's sh·uggles and ":itness and denying any such knowledge or sanction of corrupt prac­ acllle>ements is an inspiration and a hope to every boy of tices, if ,any such were being practiced. still I am of the opinion that · humble birth beneath this flag, and I will not sacrifice him to t~e testim?ny fails .to establish the fact that Senator Lonnrnn was h_imself ~mlty of bri.bery or other co1·rupt practices, or t hat he sanc­ please a rich and powerful newspaper whose enmity he has tioned or was cogmzant of the fact that bribery or other corrupt incurred by refusing to comply with its owner's demands. pract!ces '\_Vere being used by ?thers to influence votes for him. l\Ir. President, while it is, of course, no ·part of this record Th~s bemg true, the question then arises, Was bribery or corrupt practices used by others in his behalf to influence votes for him · and I want to read a tribute which even the prosecution in thi~ if so, were enough votes thus ta inted with fraud and corruptiy in'. case paid to WILLIAM LORIMER the morning after his election. fiuenced when excluded to reduce his vote below the lega l majority This is from the Chicago Tribune of May 27, 1909. It is long · reqaired for his election? nnd I will not read it all, but I will read enough of it to sho~ The Chicago Tribune, which has pursued Mr. LORIMER with what manner of man he is. unrelenting bitterness for years and instigated this proceeding It was nothing strange for LORIMER to be elected through the aid of against him, after searching the State of Illinois with its corps Democratic votes, for. he has enjoyed a large Democratic following for many years. Three times he was elected to Congress in the old second of trained attorneys and detectives for months, was utterly district, which was Democratic, and his political sway has been unable to produce any testimony connecting him personally strongest in Democratic territory. To such a marked degree has Demo­ with the corruption which they charged, and through its attor· cratic support figured in his political achievement- that his friends point with pride to the nonpartisan character of his following, while ney was compelled to disclaim any purpose of attempting to his enemies contemptuously dub him " bipartisan Billy." do so. It is true that in the heat of this debate some Senators ...... have contended that all these things could not have transpired 'Through all the praise and abuse LORIMER has maintained the same without Senator LoRIMER's knowledge and consent, but when placid, benign attitude, which by many is considered the secret of his success. A man who never lost his temper, who never has been heard to they soberly review the testimony and reflect that there is not swear, who does not smoke or dr ink, who always speaks softly and one word in it to j ustify such an imputation, they will hesitate ·.

1911. CONGRESSIONAL RECORD-SENATE . 2483

to declare a cunch1sion which e-ven the zeal of a special counsel Mr. PresidentT perhaps r can save time and relieve the Senate did not permit him to urge upon the committee; and I dismiss from a tedious examination of the authorities by coming to an the question of Senator LoRIMER"s personal participation in the agreement with the Senators who have participated in this alleged bribery as not at issue here. debate as to the law which must govern us in deciding this The law, and the only law, whfch the facts make applicable case. It is not necessary for me to interrogate. the Senator to this case, is that which I ha \e stated as my second propo­ from Tennessee [l\lr. FRAZIER], because in the brief, but very sition~ and it is now so well settled both in reuson and ui;JOil clear, statement of his v-iews he has laid down the law ex· authority that it is not seriously controverted in any legislative actly as I understand it, and there is absolutely no difference Dody or in any court. Of course I do not forget that in the docu­ between him and me in that respect. Nor can I believe that ment, which he describes as a minority retiort, the Senator from there is any difference on this proposition between me arni the I ndiana dissents from its sotmdness, though he does not \enture Senators from New York, I daho, and Iowa; ancl for the pur­ to deny that it is now the law. Indeed, he concedes it to oe the pose of dispensing with an argument in support of my view, I law and calls on us ta repeal it. Oblivious to the fact that this believe that r will venture upon the unusual course of askin.g rule has been evolved and matured by the profoundest judges who those Senators in the ·open Senate whether or not we can agree ha-ve ever adorned the bench, and that it has been repeatedly ap­ upon the law. I will first ask the Senator from New York pro1ed by some of the wisest Senators who hn.1e ever honored whether he assents to my legal proposition, that- this body by their service, he repudiates it without hesitation, If tlie officer whose election is chatlenged' did not personally partici· pate in, or encourage, or sanctfou the bribery, then his · election can not and demands that we adopt the new :r:nd different rule which be avoided unless it is shown by. sufficient evidence that enough votes he proposes. .Here ure his words : were bribed to affect the. result. So I propose that we overthrow such unsound precedents and estab­ Does the Senator from New York assent to that proposition 1 lish a new Senate precedent, that one act o!. bribery makes such an lection void-makes an election foul. .Mr. ROOT. I do not. Mr. BAILEY. Then I will produce abundant authorities to In this rather bold and altogether novel position, the Senator show that it is the law. I will next ask the Senator from Idaho from Indiana is supported only by the Senator from Oklahoma, whether he agrees that I have stated the law correctly. who is so uncertain about the capacity of the Senate to protect l\Ir. BORAH. l\fr. President-- its integrity under the American rule that he urges us to adopt The PRESIDING OFFICER. Does the Senator from Texas what he mistakeniy supposes to be the English rule. But while yield to the Senator from Idaho? . the Senators from Ok.laJ:loma and. Indiana are the only ones who .Mr. BAILEY. I do. have ventured to openly criticize· the .American rule, they are not .Mr. BORAH. If I correctl~ understand the statement of· tlie the only ones who have introduced the English rule into this dis­ Senator-it is pretty difficult tu follow a statement as it is made ~ssion, though none of them have correctly stated it. The Sen­ and analyze it at the same til:ne-I do agree to that. legal ator from Ohio1 usually so accurate, read at length from one of proposition so- far as this case is concerned. But permit me, in the English decisions- and then made it plain in his comments order that I may not be found in. error in the RECORD to-morrow upon it that he does not understand the difference between a ··again,, to ask the Senator a Question, and that is whether or not u candidate's agent" under the British statute und: an "agent" the statement that I now make is the sa.me statement that Ile .as we use the term in this country. The· English election law m.akes : If the officer whose election is chaileng.ed did not per~ expressly provides for the· appointment of an agent who bears to son.ally particinate in OT encourage or sanction the bribery, then their campaigns: a relation analegous- to, though not entirely the his election can not be avoided unless it is shown by sufficient same as, the chairman of a campaign committee in this e01:mtry. ·evidence that enough votes were btibed, without which bribed The "agent" under the English statute, however, is provided for, votes he would not have had the majority required by tfie. and appointed in accordan~ewith its provisions, and represents the statute. · candidate throughout the contest. That is what the English statute Ur. BAILEY. It is in effect the sa.me.; and if th€re is anJ and decisions mean when they refer to an "agent." Even the Sen­ difference,. the Senator has stated the law a · little. stronger on n.tor from New York, who is justly supposed to know so much about my side than I have stated it. The only difference between the the law of an nations, fell into the same error as the Senator Senator and myself will be as to the application of the rule. I from Ohio and the Senator- from Okl'ahoma, and though his perfectly understand that when we i:each that point we will be reference to the English rule was brief, he clearly asserted that at the parting of our ways, but on the. law, I think there C..'Ul be the purchase of a single vote, under any circumstances or by no difference. ElilY person, renders an election in that country void. Ur. Presi­ Mr. BORAH. If the statement r ha-ve just made is the state­ dent, if the Senators µ-om Ohio and New York had follo"ed this ment the Senator thinks is contained.. in his statement, it is the debate attentively, they would have saved themselves from that statement which I believe contains the Iaw. inexcusable mistake, because in the very excellent speech de­ Mr. B.A.lLEY. There is no question about that, and I will livered by the honorable chairman of this committee [.Mr. BUB­ now ask the Senator from Iowa if he agrees with me on the law Rows] he took the trouble to specifically point out the mistake as I have stated it. which the Senator from Oklahoma llad made as to the law of Mr. Cill!Mil~S. · I stated with all the clearness tb.at I could Great Britain. But, sir, even if the Iaw in that country were when I was discussing this matter some days ago my view of precisely what these Senators have supposed it to be, it has the law. I belie-ve it to l'le true tha.t if the evidence fails to been made so by a statute~ and that fact itself shows that it was show on the part of the Senator any personal participation in not a rule· of the common law to which we must turn for our or knowledge of corrupt practices with which the eleetion may guidance and our instruction. be charged, then in order to invalidate the election it must be It is not probable, sir, that the people of this country could shown that the election was accomplished by and through brib­ be persuaded under any circumstances to adopt OT approve a ery or corruption. law which would vitiate a senatorial election on account of the · 1\Ir. BAILEY. I am gratified to know that there is no differ­ ineffective misconduct of some irresponsible person, and cer- · ence between me and the Senators from Iowa and Idaho on tile tainly they would not be so foolish as to do so with an amend­ law; and r am confident that upon a further reflection the ment now pending before us to provide for the election of Senator from New York wiU withdraw his dissent ~ for the r ule Senators by direct vote of the people. If that amendment shall has been long and uniformly followed here. finally be adopted-and it will be sooner or later-the Senate Mr. ROOT. I do not want the Senator from Texas to con­ of the United States, under the rule proposed by the Senator sider that I dissent from all and every part of his st atement. .As. from Indiana, would be perpetually engaged in the trial of con­ I listened to it, it appeared to me tha t it was capable of a con­ tested-election cases, for in every State of this Union some struction which would make it broader than I think it ought to wretch can be found so base as to sell his vote and then con­ be. I will gladly examine the statement, as it will ~pp ear in the fess his crime, if by d-0ing so he could invalidate an election RECORD, I suppose, and see whether I wish to sug;;est a quali­ which had gone against the interest or the wishes of his con­ fication. federates. Indeed, sir, desperate and unscrupulous politicians l\fr. BAILEY. It will not appear in the fucoRD to-morrow would deliberately plan to buy a few votes for the opposition . but I have reduced to writing what I intend to say on the law,. so that if the election did not result in their favor they could because I thought it of supreme importance to ha\e that cor­ pro'te the corruption, and thus defeat their opponents m that rectly stated; and I take the liberty of sending it to the Senator way, when they could not do so at the polls. The successful from New York. I can not think that after he examines it care­ candidate might receive a majority of the honest votes running fully it will be necessary for me to consume the time of the into the thousands, or the tens of thousands, and yet under this Senate in discussing it. I perfectly understand that when we rule a few scoundrels could set aside the clearest and most come to apply my rule differences will arise. For instance,. unequivocal expression of the popular will. A rule which in:­ when we come to determine how many votes a.re sufficient. to Yites that, or a rule which permits that, is too absurd to require affect the result, the Senator from Idaho, the Senator from a. serious consideration at this time and in this place. Iowa, and the Senator from New York have already indicated 2484 CONGRESSIONAL RECORD-SENATE. FEBRUARY 14, to the Senate a different opinion from that which I entertain. circumstance that the prosecution did not produce the books of But that is a difference merely as to the application of the law the Chicago bank and the Iuka bank, instead of the deposit and not as to the law itself. slip. Those books were the best evidence of the deposit, if it Mr. ROOT. It is precisely at that point that I hesitate to was made, and they could not well have been doctored. They gh-e my assent to the proposition made by the Senator from could not have been easily falsified, for if an attempt had been Texas. I am much obliged to the Senator for sending me this made. as an afterthought to insert this credit it would appear ppaer, and I will examine his statement of the rule with care. on the books as an interpolation; and if to avoid the appear­ Mr. CARTER. The Senator from Texas has been speaking ance of an interpolation it had been entered at some subsequent since 2 o'clock-for more than two hours and a half. It is period, it would then appear out of its chronological order. now well into the evening. I observe the Senator is making There were three items in the books of these two banks which unusual efforts to condense his remarks, and is making them could not have furnished false evidence, and yet instead of \'apidly. The points he is covering are points I am sure in calling any of the officers of those banks to produce the books which the Senate is interested, and I therefore v~nture to ask of each before that committee they brought the chief clerk of unanimous consent that the Senator be permitted to proceed the bank there with a deposit slip, the only evidence of the with his remarks immediately after the close of the morning transaction which could have been easily manufactured for business to-morrow. the occasion. • Mr. BAILEY. If that is agreeable to the Senate and does Mr. CUMMINS. Mr. President-- not interfere with some announcement already made by other The PRESIDENT pro tempore. Does the Senator from Senators, I will act on the suggestion of the Senator from Texas yield to the Senator from Iowa? Montana. I will now yield the floor and will conclude to- Mr. BAILEY. I do. morrow. Mr. CUMMINS. The Senator from Texas has more than Tuesday, February 14, 1911: once said that he believed the best way to evolve the truth of Mr. BAILEY. Mr. President, when I yielded the floor yes­ this controversy was to regard it as in a sense a lawsuit, in terday afternoon I had reached the law question involved in charge, on one side by counsel for the Tribune, on the other this case, but, with the indulgence of the Senate, I want to re­ side by counsel for :Mr. Lo&IMER. May I ask why the counsel turn for a few moments to one of the episodes which occurred for Mr. Lo&IMER, if there was any question about the deposit when I was discussing the facts. of this money, did not call for the books of the bank and did The Senate will recall that I animadverted with some severity not inquire into the accounts of the bank at Iuka? It seems on what I believe to be a forgery in this case. The Senator from to 'me that the failure of Mr. LQRIME& to make any inquiry into Iowa [Mr. CUMMINS] interposed with the suggestion that he this matter is high evidence at least that he did not believe, had in his hand a paper which, though not in evidence, still nor did his counsel believe, that this slip is a forgery. I ask seemed to contradict my theory of that deposit slip. I have this again, if the matter is material, why did not the committee morning, with his permission, examined that paper, and I find seek the best and highest evidence and complete their investi­ that it is the affidavit of one Jarvis 0. Newton, who was a wit­ gation in that respect? ness in the case, and who is the chief clerk of the bank in Mr. BAILEY. That is a perfectly legitimate comment on which the Holstlaw money is claimed to have been deposited. what I have said, but my answer to it is that it was the subse­ To Newton's affidavit there is attached the original deposit slip, quent discovery which raised these grave questions. Until the which was introduced in evidence before the committee. There reply brief of the counsel for the ·petitioners was printed it did is also attached to Newton's affidavit a card bearing the signa­ not. appear that it was claimed· that Holstlaw had, in his own tures of the officers of the Holstlaw Bank, indicating that it handw;riting, made out this deposit slip. And I venture to say was a correspondent of the State Bank of Chicago, and author­ that when it was offered in evidence no member of the com­ izing those officers to draw against its account there. The only mittee observed the misspelling of Holstlaw's name, and I am fact contained in this affidavit not contained in the testimony reasonably certain that it also escaped the attorneys on both is the statement of Mr. Newton that he, and not Holstlaw, made sides. out this deposit slip. I now return to a consideration of the law; and here, sir, Mr. President, any man who will examine Newton's signature the atmosphere clarifies. Here the earth which may have been to this affidavit and then examine the writing of the name unsteady while we discussed the testimony grows firm at once. "Holstlaw Bank" on that deposit slip will conclude that New­ We may have been mistaken about the veracity of some wit­ ton did not make it out, and this very paper, to my mind, still nesses and the mendacity of others. We may have believed further confirms my theory that a forgery has been committed. that the man swore falsely who swore the truth, and we may The name "Holstlaw Bank," as it appears on this deposit slip, have believed that the man swore truthfully who swore a false­ indicates that it was written by a man not skilled in penman­ hood, because God has not endowed us with a faculty to ship and not very highly educated. The name "Jarvis 0. New­ determine with certainty the truth or falsity of human testi­ ton," as it is signed to this affidavit, gives evidence that he is mony. We can consider the motives and surroundings, and we accustomed at least to writing his own name, and the penman­ can consider the character and temptations of witnesses, but ship appears to me very much better than that of the man who when we have considered all of that the wisest of us may be wrote "Holstlaw Bank" at the top of the deposit slip. misled, because the vilest liar will sometimes swear the truth, 1\1r. CUMMINS. Mr. President-- and the most truthful gentleman will sometimes testify honestly The PRESIDENT pro tempore. Does the Senator from Texas to a mistake. But, sir, when we reach "the law the whole case yield to the Senator from Iowa? changes, and we can speak of it with almost the exactness of a Mr. BAILEY. I do. science. · Mr. CUMMINS. Mr. President, I understand that the affidavit, Here I say to my friends who have spoken on the other side· together with the card which is identified in the affidavit, can here I say to my friends who have not spoken on either side; not be admitted as evidence without unanimous consent. I sub­ here I say to those Senators who have not yet determined in mit to the Senator from Texas and to the Senate whether the their own minds what their duty requires of them, that for affidavit and the card shall be so admitted and so considered. the purposes of this branch of the argument, I can admit either The slip itself was introduced in evidence. It bears the identi­ view of the testimony. I can admit that every vote which fication of the committee, or the stenographer of the committee, has been challenged by any kind of testimony was bribed Rnd and if the Senate does not desire to consider the affidavit and must therefore be rejected, and the law still decide this case. the card I shall ask that the slip itself be detached and given If we eliminate the votes of Browne, Wilson, and Broderick, who to the Sergeant at Arms for the consideration and examination have been accused of giving these bribes and though their people of any Senator who may desire to examine it. have answered that accusation by reelecting them to the Legisla­ JI.Ir. BAILEY. There is no question about that being the ture of Illinois, we can admit that their people were mistaken identical slip which is in evidence and which is photographed and that Browne, Broderick, and Wilson were bribe givers. Let in the brief of counsel for the petitioners. Nor has any ques­ us say, besides, that White, Link, Beckemeyer, and Holstlaw were tion been raised about the Holstlaw Bank, of Iuka, being a cor­ all bribed. They are the four men who are often said to have respondent of the State Bank of Chicago, and that is the only confessed that they were bribed to vote for LoRIMER, but that fact which this card could serve to establish. statement is not supported by the testimony. Link swears he Mr. President, I shall say now what I did not say yesterday was not bribed and that he never received any money for vot­ afternoon, because I hesitated to put into the records of Con­ ing for LORIMER. Beckemeyer swears that he ne-rnr was offered gress anything which could possibly be construed as a reflection or promised any money for voting for LORIMER, though he does on a great financial institution. But, since my theory of this say that when he received certain money he was told that it deposit slip has been challenged, I think I owe it to the Senate and was his "Lorimer money," and even Holstlaw sweurs that he to.the country to say that my suspicion against the genuineness had announced his purpose to vote for Lonn.rnn before money of it on account of the misspelled name was intensified by the was ever mentioned to him, But let us say that Link and 1911.. : CONGRESSIONAL RECORD-SENATE. 2485

Beckemeyer and Holstlaw and White were bribed. Let us, Mr. with a statement that they would vote "no" if at liberty to President, go even further than this and say that Shephard vote, and yet, sir, upon this record showing that of the Senators and Clark and the dead man Luke were bribed, and without present, 44 of theni were opposed to the passage of the measure, stopping at that let us go on· and say that De Wolf was bribed, it would pass, _because only the 69 who voted and were entitled though no man can read this testimony and believe that for to vote, could be considered, and the 35 -affirmative votes would . an instant. That makes 11 tainted votes, and if we subtract be a majority of them. them all from the 108 votes recei'rnd by WILLIAM LORIMER, he At almost every session of the Senate we illustrate the prop- was still duly and legally elected. osition that no member of a legislative assembly except one who PROCEEornos oF THE JOINT ASSEMBLY. has a right to vote and who has lawfully exercised that right can In the joint assembly of the Illinois Legislature WILLIAM be included in any computation or counted for any purpose. But LORIMER received 108 votes, Albert J. Hopkins received 70 votes, while I think the practice here conforms to the principle for and Lawrence B. Stringer received 24 votes, making a. total of which I contend, this precise question has never before been pre- 202 votes cast on that ballot; and as WILLIAM Lo&IMER had re- sented to the Senate and has not, therefore, been decided by ceived a majority of that number, he was declared by the proper this body. It is true th~t the Senator from Iowa and the Sen­ presiding officer to have been duly chosen a Senator from the ato1· from Idaho have read to the Senate extracts from the State of Illinois. There is no controversy as to the total num- views which· Senator Hoar and Senator FRYE filed in the Payne ber of votes cast, or as to the number of votes received· by , case, but they can riot be ignorant of the fact that those views WILLIAM LORIMER; but the validity of his election is denied were not accepted by the Committee on Privileges and Elections, upon the ground that it was procured through the bribery of and they must know that the resolution which Senator Hoar legislators, though the number · of legislators so bribed_has not offered in accordance with them was defeated on a roll call of been agreed on by any two of the Senators who have advised the the Senate by a vote of 44 to 17. When reading that extract Senate to declare that election void. In the early stages of the f from Senator Hoar's paper, the Senator from Iowa found that debate it was only claimed that seven of the votes cast for l\Ir. the Massachusetts Senator's figures would not work out the LORIMER were shown by the testimony to have been corrupted; proper result, and he suggested that there. was a misprint by and it was promptly answered that even if it were admitted that which Senator Hoar was made to say six where he meant to seven votes had been corrupted by Mr. LoRU.:IER\s friends with- say seven; . but if the Senator from Iowa had read that paper out his knowledge his election would still be valid. The dis- to its conclusion, he would have found the same figures re­ cussion revolved about that point for several days, and then peated in another paragraph of it, and we are hardly at liberty the Senator from New York, perceiving the weakness of a conten- to suppose that they were a misprint. But whether the calcu­ tion based upon those seven votes, invented a new theory of the lation. of the Massachusetts Senator was right or wrong is not · case, which I listened to with amazement. He followed the Sen- material here, and the only question which concerns us is ators from Idaho and Iowa in claiming that if seven votes were whether his law was right or wrong. Senator Hoar, who shown to have been corrupted the election was thus vitiated; drafte~ that paper 1!-fter a long service, in which he honored but, not willing to trust his case to a rule which he must have both his State and his country, has passed from among us, but known could be demonstrated to have no foundation in law or Senator FRYE, who joined him in it, is still a l\Iember of the in logic, be worked himself up into such a frenzy of indlgna- Sen11:te, and ~e al! ho~e that be wil: r~main here for ma~y years tion that he finally declared that the entire 30 votes of what he to aid us with his wise and patriotic counsel; but, sir, those denounced as " Browne's band of robbers " must be rejected· and distinguished Senators could not induce the committee to accept the Senator from Ohio [Mr. BURTON] who followed him r{0 t to their views, and thf}ir resolution was rejected by a most decisive be outdone by the Senator from New York in this ~rusa.de majority. against Illinois, went to the extreme of declaring that the whole Mr. BORAH. Mr. President-- legislature of that State was so corrupt as to be i.Jlcapable of · The PRESIDENT pro tempore. Does the Senator from conducting an honest election for a Senator. Mr. President, Texas yield to the Senator from Idaho? these claims are so extravagant that nothing but the high Mr. BAILEY. I do. . . sources from which they come could save them from being ab- Mr. BORAH. Upon what question does the Senator from solutely ridiculous, and l can not feel that I am required to Texas understand that it was voted down? Not upon the law? answer them. I shall therefore leave them aside, and address Mr. BAILEY. There was no specific proposition voted on, myself to the real question here, which was raised bv the Senator but my-statement was that the resolution, drawn in accordance from Idaho and the Senator from Iowa and indorsed by the Sen- with the· report, was voted down. There was no separate vote ator from New York; and that question is whether if the seven on any single statement in it, of course. vote. of White, Browne, Beckemeyer, Link, Wilson Holstlaw and l\Ir. BORAH. The question involved was whether or not Broderick be rejected, there was still a legal and' valid el~tion . they would make an-investigation. While I do not concede that these votes were in fact corrupt, I l\Ir. BAILEY. That is true. am perfectly willing, for the purpose of this branch of the argu- Mr. B.OR~. And the ~enate voted that it would not pro- ment, to admit that they were, and· that they must therefore be ceed to mvestigate. · rejected. Deducting those seven votes from LORIME&'s 10.8 would ·Mr. BAILEY. But if the argument of the Senator from leave him 101, and deducting-them also from the total vote of 202 Massachusetts had been concurred in by the Senate, I think would leave 195, of which the 101 legal votes received by it absolutely certain that an investigation ought to have been, LORIMER would constitute a clear majority, and make his elec- and would have been, or~ered . . tion lawful beyond any doubt. :Mr: BORAH. That bemg true, if the Senate had accepted At this point in the argument, Mr. President, I encounter my the view o~ the Senato~ ~rom Massachusetts as to the evidence. difference with the Senators from Idaho and Iowa who con- The committee were divided as to whether or not there was tend that _while it is right to subtract the seven c~rrupt, and sufficient evidence to warrant it in procee~.ing to investigate. therefore illegal, votes from LoRIMER, it is wrong to also sub- l\Ir. BAIL~Y. Not only that, l\Ir. President,· but there was tract them from the total number of votes cast. Neither the also the 9-uestion whether if there were corruption at all it Senator from Idaho nor the Senator from Iowa nor the Sena- was sufficient to have affected the result. The Senator from tor from New York claims that those seven rejected votes can Massachusetts argued this subtraction and elimination, and be bestowed on either of Mr. LoRIMER's opponents or be divided according to his t:J;teory of. th~ case there was sufficient evidence; between them according to some unascertained proportion. but but the Senate reJected his view. while declaring that those votes shall not be counted for LoBI- THE CLARK CASE. :M E.R, n.nd admitting that they can not be counted for Hopkins The Senator from Iowa thought ·he had found a distinct and or Stringer, they still maintain that somehow or somehow else authoritative approval of his contention in the Clark case, and they must be included in the total number of votes cast. Such he ventured to say that while the report in that case was a proceeding, sir, can find no warrant in the law, for upon no never passed on by the Senate, it expressed the unanimous . principle with which I am familiar can we reject a vote as it judgment of the Committee on Privileges and Elections. Of h as been cast and still count it for any other purpose. course, Mr. President, I know that the Senator from Iowa did Under our own practice in the Senate we do not include not intend to mislead the Senate, but his statement, if ac­ \Ote which could be cast and counted, but are not cast, in esti- cepted, would mislead us very widely. In the first place, every mating the total number, and we very recently overruled the Renator understands that the argument of a report represents Chair when he attempted to count them simply to make a only the member of the committee who · prepares it, and that quorum. If on a roll call of the Senate the affirmative of a the conclusion only can be fairly attributed to the committee. proposition receives 35 votes and _the negative receives 34, it In this very case which 'is now before the Senate my name is would pass notwithstanding 10 Senators, one after another, signed to the report which the chairman of the committee might rise and announce their pairs, coupling the announcement made, and yet I did not read it before it was presented to the XLVI--157 CONGRESSIONAL RECORD- SEN ATE. FEBRUARY 14,

~enate. The chairman of the committee tendered it to me and for its decision, and Urey reaffirmed the doctrine of Bott 'V. The I very promptly told him that I did not wa:n to read i~ beeanse Secretary of State in the following language: - I Ii-eld! myself responsible only fur its conclusion and not for Con:nsel' for the ineumbent contends that if the vote of' the township its nrguments <::ir strrtements. Bot, sir, I could understand how be exeluded still 1:he relator can n-ot SUC'ceed, because in sueh everrt h-e weuld not b:a:ve been elected by a maj_ority of nu the ba-l:lots cast at the the- Sei:u1to1· fmm !0-wa might 11ot be familiar with this prac­ election.. The faet is as stated, but the argument lo es sight o:f the tice, and he might believe that every repo-rt in- alf of its argu­ decision of this court and of the court Qf e.rrors and appeals in the case ments and statements was thoroughly conside-Ted by the· whole of Bott v. Secreta:ry o:f Stute. (33 ·v-room, 107; S. C., 34 id., 289.) In that case it was held that in determining whether a: majo1·ity of emrunittee and approved by it. He ean not, however, be ex­ votes had been received for an amendment to the Constitution only cused 'for supposing that such was the case iB th-e Clark report, those electors who lawfuly v0ted for or against the amendment are to· because there was· a minority repo11: :filed in that ea:se, a:nd be -eon idered. It is true that the opinions delivered dealt only wit h the language oi a given clause of the Constitution, but the tin·e of reasoning pEinted fmmedi:ately follewing the co-mmittee's re]lort from is applicable with equal force wherever the question ef the camputatlo-n whiclr he· has qu<:>ted, and in the very second -paragrnpb of that of a maj-0rity of 'votes is presented. The principle announced i. that minority -report appears· this disti:n.et and eml}hatie declaration: ballots east .at an election are to be deemed votes onty when 1-cgaJ.I.y We agreed and stilJ: ngree to the resolution rep<>rted b-y the- committee capable of being counted as sach.. and that in determining the total is ~ in thrnugh it ch::tirman. Tbu.rt re.solution was adopted· by the committee vote upon wnich a majority to based the votes that may figure th~ Fes-ll-lt ana uot the ballots- that were cast m the box are to be itself. But the ueport i:s merely the w1dting of th·e chairman with the consiUered. :rtd· of orre other member and never was. submitted to llIIY m~eting of the committee, and- therefore· can not be considered as the words of the In the caS'e of Louis J. Hopkins 17. The City of Duluth et al., committee. deei:ded by the supreme court of l\Ii:nµ.esota in the summer of In th£, faee of the nniversal p:ractice here, I woe.Id not con­ 19<;1() and reported in the eighty-first 'Volume of the Minnesota sider the report of· the Clark ease us expressmg mare than the Reports, I find the same question considered and the same con­ views of the Sernrtor who prepared it, a:nd wben to the general clusion reached. That case turned on whether the 26 votes in -eu:stom of the Senate is added the specific declaration made by question should be rejected a:s an ~-pression of the electors but the members of the committee, t'lle arguments in that paper still counted in estimating tlre total number of votes cast, and must be regarded as expressing only tile individual opinion of this is what the court snid : the· Hon. William E . Cha111dle1~. If we- bad not'lling before us Of the 26 ba:Ilots thus· excluded' by the trial court, 5 had either the ~yond: the paper of Senator Hoar and the report of Sena_tor names 61' initials o-f -tire votel's easting them written thereon, and Chandler, l would stiTI maintain with the ntnwst confidence clearly indicated such evidence af identifieati6ll ot· the persons casting snch ballots as constituted a _pla:in and palpable fraud up.on the election that the rule which they have suggested is so contrary to the law: '!'hey were not counted, although expressing in each case the i·eason of th-e l'a:w that we coltld not accept it. voter's. cboi£e in certatn respects. (Pennin-gten v . Hare, 60 Minn., 146; THE' AUTH01UTTES. 62 N .. W., 116; Truelsen v. Hugo-, snpra:, -p. 73.) · That the identified ballots thus deposited shauld be excluded from the total vote· is the only But, fortunately, sir, we are not without high and express reasonable infere'Ilce that follows from the application of the doctrine authority on this -very question. The textbooks an agree in cf the e cases. The frau:-d which nullifies· the choice e:irpressed on these ballots must logically vitiate their u<>e foT ainy p.urpose:. They were sn:ying that an illegal vote must be rejected, and that propo­ void. It necessarily follews that the poll list can not he iregarded as sition is so elementary that it seems almost like a reflection abs"olute evidence of the aggregate vote upon which the. constitutional upon the intelligence of the Senate for me to read what a great majority is to b-e estimate_d. text writer has said in support of it; but as wbat I am now Thus, ]fr. President;. ·we li.ave- the authority of the textbooks saying may be read by those who are not so fruniliar with the and of the courts for saying that an illegal vote must be re­ Jaw as Senators are presumed to be, I will occupy a moment in jeeted for all purposes and that it can not be considered for 1·eading from Paine's work on elections, in which he sass:. any purp-ose. That, sir, is not only the law and the logic, but The rule is well settled that the whole· vote of a precinct should not it is the rule best calculated to promote political morality. It be thrown out on account of illegal votes if it be practicnble to ascer­ treats a dishonest vote as rr· the corrupt leg,islat0r who cast it tnln tbe· mrmber sf the i11egal votes, a,nd the candidate for- whom they were cast, in order to reject them amt Iea'Ve the legal votes to- be were ch-i.lly dead, at least in that transaction, and it leaves the counted. This is safer than the rule which arbitrarily a;pp0rtions the result to be determined by the votes of honest men. fraud among the parties. But in a contest for a seat in the Fo.rty­ But, Mr. President, when I have thoroughly fortified my posi­ fifth Congress, the Committee on Elections sai-d : u . In purging the poHs <>f illegal! veltes, the. ;.;,.ene:ral JiUle ts that, unless it is slwwn for tron ay cita:tions from the textbooks and the opinions 0f high which candidate th-cy were cast, they are- to be deducted from the courts and when learned Senators on the other side have agreed whole vote of tile election division, and not from the candidates having to the law as I have laid it down, I am met by the Senator from the Wgbest n·umber-. Of conrse; in the application of tlris ruie, such iltegal: votes wocld be de:du.cted proportionately from b-oth cn.ndidates New York [Mr. RooT} with the suggestion that there is no law according to the entire vote returned _for each." according to which we must decide this case. Instead, sir, of In .another and subsequent see:tion the author again declares offering us a quotation f1·om some law book or from the opinion thnt- at some great judge, he Jays his hand npon his heart and ex­ Whe1:e illegal votes have been cast the true rule is to p:urge the poll claims with a dramatic gesture that it is the only source from by first p1mving fmr whom they were cast, and thus ascertain the real which we are · compelled to take our law. If it be true, l\Ir. vote; but if this .can not be done, then to exclude the poll liltogether. . President, that there is no law binding us to judge the elertion, If it b-e objected that the rule laid down in this textbook re­ qualifications, and returns of Senator, then, sir, it is high time lates to a gen.eral election among the people, I answer that tbe that· we were making one, because it Cllll never be safe in a - law according to whieh we must decide the eleetion -of a Senator free republic like ours to exempt any trrlmnaI charged with the is exactly the same law according to which the courts must duty of deciding any case from an obligation to decide that .decide the election of the governor of a State or the sheriff of case according to the law of the land. a com1ty or the co:nstal>1e o.f a precinct.. Not only, sir, do the If we acknowledge no law here, what right will we ha-re to te...~tbooks say that an illegal vote must be rej.ected~ but the reproach our unlettered constituents if they acknowledge no law courts have said the same thing with remarkable l:lnanimity.; in the States from which we come. That doctrine is an invi­ nor have they left us to speculate as to what ~hey mean by the ' tation and an encouragement to riot and .anarchy. Law, sir, is as universal as God and nature, and it inflicts its pen~­ rejection of a vote~ DECIDED BY THE COURTS. ties on all who disobey it. The intellectual and physical worlds have their laws and they are as inexorable as fate and swifter I -have here the case of Charles Bott et al. 'l!?. The- Secretary far than justice. If we violate the laws ef health and gorge our­ of State, decided by the supreme court of New Jersey in June, selves at the table or overwork ourselves in the field, we must 1898, and reported in the sixty-second TUlnm.e of the New Jer'­ .suffer for our folly. It is law, sir, which holds these myriads sey Law Reports. Without taking the time to state the facts of worlds in their safe relatioB. to each other, and if the law in that case, it will be sufficient to read this extract from the of gravitation and attraction should be suspended for an opinion: instant the earth would perish, and amidst the wreck of matter Though a qualified voter succeeds in getting his name on the poll list and the crash of wodds the Senate itself would disappear. and a ballot in th-e ballot b-ox., he is not a voter voting on the amend­ ments unless his ba:llot is such as is prescribed b-y law and conforms to Our English ancestors once established the kind of law which the general law regulating elections. The aet contains no provision ffil" the Senator from New York pleads with us to adopt. Finding the certificate and return of the ballots that were rejected, nor does it provide for an inquiry either- before the county boards of election or the common law so technical and so inflexible that it often before the board o-f State eanvasse-rs with respect to the gro-m1ds u-pan defeated the ends of justice, they instituted what they called wh-k!h votes have been rejected, nor are either o:f these boards empow­ courts af chancery and appointed chancellors who were au­ ered to embody in thek o1fi.cial action any results other than sucn as all are exhillited by the official statements produced before tllem. The bal­ thorized to decide cases coming before them as tJ:ieir con­ lots returned as rejected must be taken to have been properly rejected, sciences directed. But, sir, the decisions of the chancery and eonsequenUy are to be excluded fr-om the computati0n of th-e votes colll"ts were often arbitrary and many times more unjust than cast for or against tbe amendments. Such ballots were simply nullities. those made according to the common law, whose defects it was Within four years after the New Jersey court had delivered supposed that this court of chancery would correct. It was the opinion from which I hITTe just quoted the foregoing ex­ soon found that the consciences of the different chancellors tral!t another case involving a similar question was p:r:esented varied, as one man· said with more wisdom than wit, as widely_ 1911'~ CONGRESSIONAL RECORD-.SENATE. 2487

~s their feet, and .the whole system of equity jurisprudence was and -the State had the evidence to insure their conviction. But brought into such disrepute that a great novelist satirized it in what did the State's attorney do? Did he drag these culprits a story which will live as long as men read the English lan­ before the bar of public justice and vindicate the outraged law guage. by their conviction? No, sir ; he compromised with them, and We were· never so foolish as the country from which we de­ turned them loose to continue their nefarious practices upon con­ dved our institutions, for we have always required chancellors dition that they would testify to bribery in LoRIMER's election! to decide every case according to the well-established rules of With the whole machinery of Illinois, aided by rich and· equity jurisprudence, and a chancellor who would tell a suitor powerful newspapers, at work on the case, do you believe there .,.. in bis court or an attorney at his bar that he would ignore was any corruption which they did not uncover? They dragged the law and decide the case according to his conscience would old man De Wolf before the courts and before the committee be impeached and driven in disgrace from the bench whose and soiled his name with the suggestion of dishonor, when thfl powers he bad abused. No, sir, Mr. President, there are no only proof against him was that he had bought a piece of land judges in this country who can decide cases according to their for $4,600, of which he paid $600 in cash and secured the bal~ conscience and against the law. When we come to make the ance by giving a mortgage not only on the land lie bought, but law, we take counsel of our conscience and. even of our hearts by also including in it the land which he previously owned. to see that it is just to the strong and rich and even merciful This man, an industrious and an upright farmer, could easily to the weak and poor; but when the law has once been made have saved $600 out of his more than $2,000 ·salary; but, sir, it is the duty of every man to religiously obey it, and as the these hounds of hell dragged him before the public and dis­ Senate of the United States is the highest assembly in this graced him, or tried to do so, by charging that he had sol

labor :organizations at Springfield during ·that .Session 1of .the ble proof that I hink it -w:orlh my while to read several of the legislature, because they Jrn.d .not offered him :anything .for _his other answers which he made .to pertinent questions. They ap­ vote or .his ,influence, and denounced them in language which ·1 pear on page 523 of the testimony, and are as follows : Jlesitate to incorporate into the CONGRESSIONAL RECORD, as "the Judge HANECY. Did you ever have such a conversation with Mr. damnedest cheapest _bunch " he had .ever seen. Standing in the Groves ?-A. J do not remember of any such conversation. I may have had it, because, as I say, I was very much wrought up as to what was corridors of the capitol with outstretched hand soliciting a bribe happening down there, and might have said that in reply to ·what Mr. even from the representatives of the labor .organizations to Groves said. I will .not say -yes or no on ·that question ; I might have whose support .he owed his election, does any man .believe that said that. If I did say it,. it was a .remark, a mere inference of what ·White was ignorant of ~ jack pot, if one ·existed, until ·nine transpired, and had reference, if I did say it, bad reference to Lee O'Neil Browne's speech, because I replied to his speech, and we were days before the legislature adjourned? bitter toward each other, that is all. Representative Shaw, to whom ·I have already once Teferred Q. If you did say that, or that in substance, or a.nything like it, Mr. and for whose intelligence and integrity I have .freely vouched, Donohue, was there anything to sustain it except your general anger n.t the conditions as they existed there ?-A. ·well, not--! did n ot state estified that there was .much talk about the use of money ,at onl_y just on account of the conditions as they existed ·there ; yes. Springfield, but h~ also testified that no money was ever-offered Q. Were any of these conditions the presence of money that you .-him ; that he saw no money ·used, ·and ;that he did not .know of knew of, or offering of money by anybody ?-A. No. - Q. Or offer of anything . of value by ·anybody '/-A. 1 0. any facts which would justify the chai·ge that it had been used. Q. For a ·vote for WILLIAM LORIMER for United States Senator?-A. For the information of the ·Senate on this point, .:J will read Mr. Nothing that I know·of, positively, by way of money or other things of Shaw's testimony. value. · It was just said from the general appearance of things, an in­ ference I used from what was done. Mr. AUSTRIA.....,. Well, I ithdraw the objection, provided counsel Q. .And you said you were angry because-A. Well, we were not permits the witness to testify and does not testify himself; that is all. very friendly, Mr. Browne ·and I; we did not agree all thrnu"" h the Senator BURROWS. The objection ...is withdrawn. .That -will save -session ; _do not agree as yet. "' "time. Answer the question. Read the question.-A. Really, I do Q. You were not one of the BTowne faction ?-A. No ; I "Was not, sir. not know whether I had any •talk with Mr. Groves or not. .I do ·not Q. You were .one of the Tippet?-A. No; I was not one ot ·the 'l'ippet. remember .any conversation. Q. I believe you were unattached there ?-A. I wa.s placed in neither Judge HA ~NECY. If you -did have any . conversation with liim, did "One of them. ' you say .to him or in his presence 'that ·you had been offered -money -or Senator BURROWS. Is that all? that you could get money for voting for WILLIAM Loxnam. ?~...A. I ·Judge ·HANECY. That is all. did ,not. Senator GAMBLE. You were acting on your own responsibility ?-:A. Judge HANECY. That is nll. 'Yes, sir. · Senator BURROWS. Anything further? Senator 'FRAZIER. Mr. Donohue, if you say you ·made that •statement, Mr. AUSTRIAN. Yes; just-a moment. which .was based on facts, conditions, -and circumstances surrounding, Q. ~id you ever talk to Jacob Groves with reference to money many Democrats were going over in a body and the people •reelected Browne to the legislature. Robert E. to vote for a Republican. They may .have had reasons, and be more liberal in their views than I am, and might have gone over. I could Wilson, the-man charged with distributing the corruption fund not see it that way. I am a Democrat, and I am a pretty strong at St. "Louis on th~ second occasion, was renominated by the -partisan. · 'Democratic Party and reelected by the people of his district; In passing, I want to call the Senate's attention to .a rather and '"John Broderick, the-senator who was charged with bribing ·remarkable omission which the Senator from ·New ·York made :Holstlaw, ·was renominated and reelected to the State -senate; in quoting this testimony · of iDonohue. Immediately preceding Speaker Shurtleff, who was also active in LoRIMER's behalf, the quotation which ·1 have just read-and when -1 say immedi­ was reelected to the legislature; ·and ·an indictment against ·ately 'I do not mean that it was three or even two lines pre­ them, sir, is an indictment against their people. ceding it, but absolutely next to it-Donohue made this answer: In the beginning of his speech the -Senator ·from New York Th~ first thing •I heard down there, ·r heard 1that Mr. Hopkins was class~d Shurtleff as one of the trinity of bribers and corrup­ •trying to buy 1;0me votes ; that is .what I ·first heard. tionists, linking him with LORIMER and Browne; 'but though he 1 regret to find that the Senator from New York is willing to continued and ·accentuated his invective against LoBIMER and use Donohue's testimony to •Create in the minds of Senators a Browne he said little more about Shurtleff. The Senator from ·.belief that money was being used to elect LoRIMER, and yet is at New ·York ·sits so near the Senator from Ohio [Mr. ·BunToNJ, the same time willing to suppress the testimony which shows whose close connection -Shurtleff is, that I wonder if that re­ that the · s..1.me loose accusations were made against Hopkins. strained him. [Laughter.] Without intending to suggest that Donohue is other than an When the Senator from New York denounces Browne, he honest man and a truthful witness, ·his own testimony abun­ ought to remember Jotham Allds, who was not the leader of a dantly shows that he was one of those gentlemen who are too minority, divided into factions of almost equal strength, as often ready to suspect the integrity of men without sufficient, Browne was; but the leader of his party in the State senate and, indeed, without·any - positiv~. information. !Ir. "Donohue's of New York. He was charged with receiving bribes, and ihey testimony, which the Senn.tor from New York did not reaQ., so proved that he was guilty ·by the admission of Senator Conger forcibly illustrates how much these charges were based, ·upon ·that he was himself n bribe giver; and both this bribe-taking ·mere suspicion and how little they were based upon any 1angi- Senator Allds and this bribe-giving S~nator Conger were mem- 1911. CONGRESSIONAL RECORD-SENATE. ~489 I bers of the legislature which elected the Senator from New York r to the end of time. Other Senators may be willing to prove to this body. - that they are clean by washing their hands in the blood of an But, sir, I do not impeach the right of the 'Senator to his innocent man, but I am not. [Applause in the galleries.] seat upon such a circumstance as that. I do not invoke a.gainst Shall we prove that we are not guilty by finding that this man him the doctrine _which he urges against the Senator from is? Oh, sir, what a lesson to teach our children! I will not, Illinois; and yet, sir, if we are to accept his theory that a by my example, lead my boy to bow in servile adulation un­ little corruption found is but the index of a larger corruption . til he kisses the very ground on which the people walk and 'which can not be uncovered, we might be compelled to say then insult their intelligence by telling them that he has done that the New York Legislature was a.s little capable of conduct- wrong to please them. ing an honest senatorial eiection as the Legislature of illinois. Mr. President, I do not profess to be indifferent to the opinion The strangest contention in an of this controversy to me has of my countrymen. I value the good will of the people of been the assertion made and repeated by the Senator from Id:iho - Texas as much as any man who has ever enjoyed their favor, [l\Ir. IloRAII], the Senator from Iowa [Mr. CUMMINS], and the nnd perhaps I have a better reason for it, because they have Senator from New York [Mr. RooT], that in demanding the total done more for me, according to my poor merits, than they have exdusion of a dishonest vote I was really giving effect to such votes. done for others. I went among them a mere boy and a -total That charge, sir, can be sustained against their position, but , stranger to them, without friends, without wealth, and without not against mine. Let me analyze it and see if I can not make 1 influential connections, bnt generously they took me by the it p1ain that it is their rule which permits a dishonest vote to hand and made me all I am and all that I ever hope to be. exert some influence over an election and to defeat the will of , For that I lov.e them with an affectionate gratitude; for that nn honest majority. I will use the very case before us .as an I will toil for them by day and by night; for that I will illustration. Let us assume tha.t the four legislators who testi- ' .sacrifice my personal comfort, my personal interest, and my fied that they received money were bribed, although they did physical strength, and count it a privilege to do so; but, sir, bot all testify that they received money for the vote which they even for that, I will not violate my oath -0f office and eor­ cast for LoRIMER; and let us also assume that the three men rupt my conscience with a sense of foul injustice. They have who are charged with having paid that money were likewise 1 their impressions of this case, and it may be that those im­ bribed. Let us go even one step further, and say that Clark, r pressions are at T"ariance with the vote which I am about to Luke, Shepbar~ and De Wolf were bribed, thus making a total , cast, but they would hold .me- unworthy to :be their Senator if .of 11 votes to be rejected on the ground of bribery. With these . they were not willing to trust me to do what a conscientious .men eliminated there is absolutely no word of testimony im- . study of the testimony and the Jaw in this case commands. _ If peaching the integrity of any other member of the legislature, , there is any Senator here whose vote is influenced in this ease and unless we are ready to say that all men are corrupt simply by the fear .that he will .displease his people, he has less re­ because some men have been shown to be corrupt, we must .as- spect for his constituents than I have for mine. sume that the Illinois J,egislators against whom no evidence has If, sir, the Senate is on trial before the American people, how been introduced and against whom not even a suspicion has been will they make up thelr verdict? There are more than 20,000,000 suggested were upright and patriotic men. Subtracting these 11 voters in this Re-public and not 20,000 -Of them have ever read -votes from a total of 202 we have an unchallenged membership a line of this testimony or examined the law of this case for a of 191 members who, by virtue of their position and of their .single llour_ l\Ir. President.. the .Senate may be on trial, but if it integrity, were qualified to elect a Senator. Of this 191 mem- is, its courage and not its integrity is being tested. Nobody ·but bers, 96 would be a majority, and after deducting every vote fools believe that the Senate ()f the United States is dishonest, against which the imputation of dishonesty has been made and nobody except sham reformers pretend to beUev:e it. Ven­ LoRnfER would still have 97 as against 94 •Otes for his oppo- ality, sir, is not a sin of the American Senate, and it .nev-er will nents. Under those circumstances no man could deny that he is be until the American people have become a venal raee. Our entitled to his seat in this Senate as a matter of law, .and still people, intelligent and patriotic as they are, will make mistak-es less can they deny it a.s a matter of morals, because he had a in the choice of their great officers. They ha\e mad-e them, clea.r majority of the honesLmen ill the legislature. Now, sir., .and they will make them .again, ·but in the future, as. in tJ:ie past, let us apply the rule proposed by the Senators from ldaho., the occasions on which they make them will be ,rare, indeed, Iowa, and New York, and what result do we reach? Dy includ- and it will happen as seldom in the years to come. as it has in ing these ll men as a part of the total vote, they prevent 97 the years that have passed and gone that they will bestow a sen- 1 .bonest men f:r:om effecting an election over 94 honest men, and atorship upon any man who will practice on others, -0r 'On whom this makes it plain that they are the gentlemen who are giving others can _practice, the vulgar and degrading vice of bribei~y. effect to the votes -0f rascals, be.cause by including those 11 No, sir; I do not doubt the integrity of the Senate, but can­ votes in the tota1 they thus prevent nn honest majority from , dor compels me to say that I do sometimes doubt its com-.age~ working out its will. and I know that this Republic is menaced more by cowardic~ l\Ir. President, it is easy for .a man to proclaim himself an than by corruption. I would scorn to call upon my colleagues advocate of electoral integrity, and if he will make that procla- here to vote in such a way as to shield themselrns from the mation often enough and loud enough he can induce thousands eharge .of dishonesty, because proud and sensitive men would of heedless men to accept it; but the thoughtful citizens of this .resent that suggestion, but I do beg them to be brave enough, .Republic will at last judge every rule .by its result, and they now and at all times, to do justice to every man and to do can never be persuaded to approve .one which gives significance justice in all things. Let us by our verdict say to those who .and power to dishonest votes. I do not doubt the ultimate ' seek to drive us that we bold ourselves so high above suspicion wisdom of our people_ and neither do I doubt that they will 1 that we dare to do what we believe is right and ;Ieaye the conse­ understand at last that the law, as I have sought to explain quences to Hod and to our countrymen.. [Applause in the and defend it.. is their best protection against the baleful influence. galleries.] of the corruptionists in our politics. No matter how honest Mr. BEVERIDGE. Mr. President, it is apparent that the and how patriotic the gentlemen on the other side may be-and debate on this matte1· is drawing to a close. I should like, I know them to be as honest and as patriotic as I run-it is still therefore, to ask the Senator from Michigan [Mr. Bmmows) if true, sir, that in striving to reverse the precedents of the Senate he is willing to agree upon a day for a vote, so that all Sentt­ and overrule the .courts of the country they are seeking to estab- tors may have notice of the time on ;which a 1rote is to be lish a doctrine that will permit a dishonest faction in a legisla- taken. I suggest to the Senator Thursday of this week, before ture to disable an honest majority from choosing a Senator to 1 adjournment. . Of course, the ·only purpose is that if we do fix a represent their State. I day all Senators may have notiee, so that they may be here if THE SEN.ATE ON TRIAL. < they so desire. They tell me that the Senate is on trial before the American The PRESIDING OFFICER (Mr. HEYBURN in the chnir). people and that we ean only acquit ourselves by convicting 1 The .Senator from Indiana asks unanimous consent that a day Lal:uMER. How low we have fallen in the estimation of those l ,be fix:Ed to vote upon the pending question. who believe that such an appeal can control us in a case like 1 Mr. BEVERIDGE. I am first asking the Senator from Mieh­ this l Are we at Hberty to consult -0ur political safety in de- igan whether at this stage -0f the proceedings, as the ,debate ciding a case involving more than property, more than liberty~ is plainly drawing to a close, he does not think it wise tofu a more than life itself, because it involves the character of a _ date so that all Senators may have notice of it. fellow man? An honest man values his good name above all the Mr. BURROWS. I agree with the Senator from Indiana that gold that .misers have ever hoarded since creation's dawn·; a ' it is perfectly apparent that the discussion in this case is draw­ proud man would go to _prison in the cause of truth and justice ing to a close, and for that_reason it is wholly unnecessary to rather than have his honor forever sullied; a .brave man would fix ·any exact day or hour when a vote shall be taken. The die upon the battle field and be buried with the honors of war approach of the end of the session will keep every Senator rather than to see the name his children must bear tarnished here, and therefore it seems to me absolutely unnecessary to . 1

2490 CONGRESSIONAL RECORD-SENATE. fix a time. As I have -said to the Senator before, there is no The Secretary read as follows : question abo.ut a vote in this case, but let the Senate have the If the officer whose election is challenged did not personally partici­ opportunity to. discuss it _so that we can close this case after pate in or encourage or sanction the bribery, then his election can not be avoided, unless it appears that the result has been materially af­ full discussion at this time. I therefore object to any date being fected by the bribery shown. fixed. Ur. BEVERIDGE. I am sure the Senator is confident there Mr. ROOT. , Now, read the other proposition. wiJl be a vote, but in the suggestion that a day be fixed I was The Secretary read as follows : first following the unif9rm practice in such cases and for the If on the whole testimony the Senate be of the opinion that but for reason that all Senators may have notice so that when that the influence of the corrupt methods or practices employed the candi­ day comes all will be here. date would not have been elected, the election should be declared void. I will say to the Senator from Michigan that I am impelled ARMY APPROPRIATION BILL. to make that suggestion, because several Senators have said to Mr. WARREN submitted the following report : me and said to other fellow Senators that they had engagements here and there and yonder, and they want to know when the The committee of conference on the disagreeing votes of the day of voting would be so that they might surely be here. For two Houses on the amendments of the Senate to the bill (II. R. example, say the debate should conclude suddenly any day this 31237) making appropriation for the support of the Army for week. A Senator spoke to me this morning and said he would the fiscal yen ending June 30, 1912, having met, after full be away on a certain day, but he would not if he knew that a and free conference have agreed to recommend and do recom­ vote was to be had on that day. mend to their respective Houses as follows : It is only fair to the Senate, of course, that all Senators shall That the Senate recede from its amendments numbered 13, have notice, that they may be present; and I submit that to 14, 15, 26, and 32. the Senator as a consideration w}lich is fair and wise and all That the House recede from its disagreement to the amend­ but necessary. Is the Senator willing to agree to any day? · ments of the Senate numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, Mr. BURROWS. I only wish to say in reply that it is per­ 16, 17, 19, 20, 21, 22, 24, 25, 27, 28, 29, 30, 31, 33, 35, 36, 37, 38, fectly apparent that Senators are not going to absent themselves 39, 40, 41, 42, 44, 45, 46, 47, 48, 50, 51, and 52, and agree to the within two weeks of the close of the session for any consider­ same. able length of time. That the Hot1se recede from its disagreement to the amend­ Mr. BEVERIDGE. The answer to that is that they are ab­ ment of the Sc>.Jate numbered 34, and agree to the same with an senting themselves for this, that, and the other engagement. A amendment f:.lls follows: Strike out the word "at" following said Senator, not two hours ago, told me he must be absent on amendment, and insert in lieu thereof the word " of " ; and Thursday unless there was going to be a vote. The Senator transpose the words "in the Yellowstone National Park" so that from Iowa was absent two days last week on a necessary en­ they will follow the word " chapel " preceding said amendment, gagement, which, of course, he would have deferred if a vote thus changing the portion of the proviso which relates to the had been impending. Other Senators do absent themselves for proposed Fort Yellowstone Chapel so that it will read as follows: a day. "Provided further, That $25,000 of the sum herein appro­ Now, suppose that during that day the end of the debate priated may be used for the construction and completion of a should come and a vote upon a resolution based upon the re­ chapel in the Yellowstone National Park on or near the mH­ port should be had. It would not be fair to Senators-it never itary reservation of Fort Yellowstone." has been; it is not the practice. Of course, I am not going And the Senate agree to the same. to suggest any special day if the Senator says he will not · That the House recede from its disagreem·ent to the amend­ agree to any, but I am willing-to suggest any day, say Thursday ment of the Senate numbered 43, and agree to the same with an of this week, before adjournment. amendment as follows : In lieu of the matter proposed to be The PRESIDING OFFICER.. The debate is proceeding by inserted in said alnendment, insert the words " and fifty thou­ unanimous consent. sand nine hundred"; and the Senate agree to the same. Mr. BEVERIDGE. Of course. That the House recede from its disagreement to the amend­ The PRESIDING OFFICER. The matter is not open to ment of the Senate numbered 53, and agree to the same with an debate. Does the Senator -from Michigan object to fixing a amendment as follows: In lieu of the matter proposed in said day? amendment, insert the following: " On and after the passage Mr. KEAN. I understand Thursday is the day the Senator of this act, every line officer on the active list below the grade from Indiana [Mr. BEVERIDGE] is going to speak. of colonel who has lost in lineal rank through the system of Mr. BEVERIDGE. I am. But I say before adj<;mrnment. regimental promotion in force prior to October 1, 1890, may, I would not fix Friday, because it might run, by a recess, from in the discretion of the President, and subject to examination Friday into Saturday, which is given up to eulogies. I sug­ for promotion as prescribed by law, be advanced to higher gest Monday. grades in his arm up to and including. the grade of colonel, in Mr. BURROWS. It seems to me that there is no necessity accordance with the rank he would have been entitled to hold of prolonging this contro>ersy. I object to any day being fixed had promotion been lineal throughout his arm or corps since now, with the assurance that I have made over and over again the date of his entry into the arm or corps to which he per­ that a vote will be taken on this matter. I would not want to manently belongs: Provided, That officers advanced to higher fix any day now, which might cut out the Senator from In­ grades under the provisions of this act shall be additional diana. officers in those grades: Provi-ded further, That nothing in this · Mr. BEVERIDGE. The Senator does not need to let that act shaff operate to i.Ilterfere with or retard the promotion to stand in the way. which any officer would be entitled under existing law: Ana Mr. BURROWS. I am fearful it might interfere in some provided further, That the officers advanced to higher grades way with the Senator's remarks. under this act shall be junior to the officers who now rank Mr. BEVERIDGE. I do not question the Senator's assur­ them under existing law, when these officers have reached the ance of a vote. My orily reason for asking that the usu.al and, same grade"; and the Senate agree to the same. I believe, the uniform, practice of fixing a day be pursued is On the amendments of the Senate numbered 18, 23, and 49 that all Senators may have notice, because Senators have the committee of confe_rence has been unable to agree. spoken to me and have spoken to other Senators, because I F. E. WARREN, know they want to be present. JAs. P. TALIAFERRO, Mr. BURROWS. Let us have the regular order. Managers on the part of the Senate. The PRESIDENT pro tempore. The regular order is de· J. A. T. HULL, manded. GEO. w. PRINCE, l\1r. ROOT. Mr. President, the Senator from Texas formulated WM. SULZER, two rules which he conceived to be applicable to the pending Managers on the part of the How::e. election case, and he asked me to examine the rules and state whether or not I agreed. I have drafted a substitute for the The report was agreed to. second rule which the Senator proposed, somewhat changing Mr. WARREN. I move that the Senate further insist upon the terms, and also an additional proposition which seemed to the amendments still in disagreement, that the House be asked be necessary to complete it. If there be no objection, I will for a further conference, and that the Chair appoint conferees send to the desk and ask the clerk to read them, so that they on the part of the Senate. may go into the RECORD without my making any speech on them. The motion was agreed to, and the President pro tempore The PRESIDENT pro tempore. Without objection, the Secre-. appointed Mr. w ARREN, Mr. BULKELEY, and Mr. TALIAFERRO con­ tary will read. ferees on the part of the Senate. 1911. CONGRESSIONAL RECORD-SENATE. 2491

ELECTION OF SENATORS BY- DmECT VOTE. question to that baneful political organization known as. a legis­ The PRESIDENT pro tempore. The hour of 2 o'clock hav­ lature that is to be held not fit to elect a Senator. ing arrived, the Chair lays before the Senate the unfinished That is all I wanted to call attention to. business, which is Senate joint resolution 134. . llr. BROWN. The Senator is one of those who holds that The Senate, as in Committee of the Whole, resumed the con­ these legisla.tures are all right and can not make any mistake. sideration of the joint resolution ( S. J". Res. 134) proposing an Yet he refuses to allow this amendment to go to these good amendment to the Constitution providing that Senators shall legislatures. be elected by the people of the several States. Mr. HEYBURN. The legislatures now elect the Senators so .Mr. BEVERIDGE. .Mr. President, I ask unanimous consent that there is no amendment needed to accomplish that pur~se . that when the vote is taken on the pending question as well Mr. BROWN. But can not the legislatures, who are so trust­ as upon the resolution to which it is an amendment it shall be WY ~en whu carried on their fight for human liberty under The PRESIDENT pro tempore. Does the Senator from Ne­ the. Constitution and in accordance with the laws. It was then de­ m~nstrate.d that under the Constitution it was posSible to deal with braska yield to the Senator from Idaho? this vast problem whlch went to the very root of our social and l\Ir. BROWN. In just a moment. I do not think we have economic structure, which in its development endangered our national life, and whlch finally passed away in the smoke of battle through the the right, as a matter of right, although we have the power war powers of the Constitution. and prerogative to do it, to stand forever in the way of an * • • • • • * opportunity of the people to decide whether they will take this The Constitution has shown itself capable of adaptation to the new step and whether they will amend their Constitution. demands, a.s it has adapted itself to those o! the past and I have I now yield to the Sena tor from Idaho. hoped and believed that the new policies and the necessary reforms which the people desire could all be broul-?ht about, as they have Mr. HEYBURN. Mr. President, I only wanted to inquire of hitherto been acco-mplishe.d, under- the Constitution. I see no reason the Senator if I might be mistaken. I do not understand that as yet to supµose that this belief is not well founded. the joint resolution provides for the submission of this question .Mr. President, these words are quoted from the address of to the people at all. It provides for the submission of this the senior Senator from Massachusetts recently delivered in the 2492 CONGRESSIONAL RECORD-SENATE. FEBRUARY 14,

Senate. The distinguished Senator was presenting an argu­ It is idle and -vain and a waste of time to undertake to stem ment against the proposal to amend the Constitution so that this impulse of the American people to make a strong foundation the people, instead of the legislatures, might elect by direct stronger and a good government better. If this proposal to amend vote United States Senators. You will observe the proposition the Constitution will not improve that instrument it should be laid down is that a Constitution so wise and so strong as to defeated, but its defeat should rest on that ground and not on carry the country safely through the crisis of the Civil War the ground that no improvement is possible, for improyement and abolish slavery needs no amendment, and therefore this is always possible. I undertake to say no law, however good proposal to amend it should be defeated. and wise, has passed this or any other Congress that could not I may be mistaken, but it seems to me the distinguished Sen­ be made a better law. And when we accept the doctrine that ator was unhappy, to say the least, in the selection of a text perfection in Government affairs has been reached by us or upon which to build his argument and base his .conclusions. I by those before us there will be no need for any go-Yernment agree with him entirely that the old Constitution was wise and at all. - strong enough to hold the States together and prevent disunion. Mr. President, the American people have stood the supreme But the men who stood for the Constitution and the Union test of self-government. They have demonstrated their capacity during that struggle all realized that good and strong as the to bear the burdens and responsibilities of citizens. They Constitution was, still it could be and ought to be improved have met and solved every new problem with unflinching by amendment. Indeed, before the war was over, when Lincoln courage and devotion. From the beginning no difficulty has was President, on the 1st day of February, 1865, the Thirty­ been so great or grave as to deter or discourage them. What eighth Congress proposed the thirteenth amendment, abolishing a history our people have, so full of hope and effort, faith and slavery. It was ratified by the States. Who will say to-day sacrifice. Not a year since 1787 but that tells the story of that the old Constitution was not wisely improved by the adop­ some progress along some line, some adyance along another tion of this amendment? Afterwards, on the 16th day of June, line, some improvement everywhe1~e. Not a day when tlle face 1866, the Thirty-ninth Congress proposed another amendment of the Nation has not been toward the front, with tlle people conferring citizenship on all persons born or naturalized in the contending and disagreeing at times, but always struggling United States and guaranteeing to every person equal protection for things that are better and ideals that are higher. To-day, of the laws. Does anyone here contend that the fourteenth as ever, they are awake to the dangers that be et all Govern­ amendment was a mistake and should be repealed? After­ ments and all institutions made by man, and, as ever, tlley are wards, on the 27th day of February, 1869r the Fortieth Congress on guard to protect and preserve their own Government and proposed the fifteenth amendment, to protect the right

election of Senators. It has been the subject of discussion or value to them, because if the candidates are selected by some­ resolution· at some time in the legislatite halls of every State body else than by the rank and file of the political parties the in the Union; it has been the subject of discussion or resolution great body of the people on election day have no opportunity to by political parties ·in State and national conventions for gen­ express a choice between candidates of their own choosing. If erations; it has been the text for orators on the platform and in it be conceded, as it must be, that the people not only have the the lecture field for half a century; its discussion has filled the right, but can be trusted to exercise it, to elect by direct vote columns of our great newspapers and the pages of our great public officers, it follows that the right to nominate candidates magazines for years. It comes_to us to-day, after almost a by direct vote for whom they ruay vote on election day can not _century of consideration, supported at this time by the best justly be denied them. thought and the best conscience of the country. Representative government to live ·must represent the people The right of the people to elect by direct vote their Senators who live under it and _support it. To deny them full and direct rests on the same principle on which the right to elect govern­ participation in any of the steps which affect and in~oh·e the ors and other officers is based. If our national experience has public policies of that government is to deny them their rights demonstrated anything it is that our people are deliberate and as citizens. For example, the Presidents of the United States conservative in all important matters. In all our history no for generations have been nominated in the first place for that ex.ample can be cited of undue or hasty or ill-considered action office by some political party. Those conventions are representa­ on the part of the Natio;n. The strong and steady course of tive bodies that act for the members of the party in whose name the Republic during all these years was not due in any degree they assemble. They are chosen to do a particular work-to to the present method of choosing Senators. It was due to the make platforms and name candidates; as members of their na­ strong and steady heads and hearts of a great people, intelli­ tional convention they act in a purely representative capacity. gent and earnest far beyond the conception of those who dis­ No one here will deny the right or authority of the convention trust them. Who here questions his own capacity and desire to do which selects those delegates of instructing the delegates as to well and faithfully the work of a citizen? Who here questions candidates. With this plan now in force and accepted through­ the capacity and desire of his fellow citizens at home to bear out the country, what valid reason exists for refusing the elec­ faithfu1ly and well the burdens and responsibilities of citizen­ tors an opportunity to select these representative delegates by di­ ship? Then on what ground can we deny to them the right rect vote and at the same time to instruct them as to candidates to choose by direct vote your colleagues or your own successors by direct vote? Before a President is elected he must ha \e been to this Chamber? If the capacity and desire of the people to chosen for the nomillation by the representatives of his party perform their civic duties be admitted, no valid reason exists in delegate convention. Wby should not the party itself when for delegating to a legislature the right to do for the people it selects the delegates be permitted to instruct them, so that what they are able to do for themselves. the delegates would know exactly how to discharge their trust The distinguished Senator from New York [M:r. DEPEW] the and perform their duties in a· representative capacity in accord­ other day, in most engaging manner and form, advised against ance with the views of those whom they .represent? this proposal to amend the Constitution. I apprehend if any sound argument could be made to sustain his position the Not by way of prophecy, but as a matter of opinion, I learned and eloquent Senator from New York would have made venture to say the time is not more than six years distant when it. If he failed to give any valid or persuasive reason, it was every delegate to every national convention will be chosen by because no such reason can be given. His argument on that the direct vote of those who send them, and they will be in­ question, you will recall, rested mainly on one proposition. It structed to carry out the will of those for whom they are to act. was his contention that the Clays and the Calhouns and the Again, it has been the frequent custom in States without pri­ Websters and other great Senators were products of the present mary election laws, as well as in States with them, to nominate system of electing Senators. The Senator from New York was candidates for the legislature, and in the nominating conven­ mistaken. They were the products of the times in which they tions pass resolutions instructing the nominee when elected to lived and of the civilization they advanced. Their service to the vote for some man for Senator. Indeed, the right to vote directly Nation was due and inevitable, witho~t regard to the mode of and the right to instruct -the representatives and public officers their election. Would anyone say that Gladstone was the prod­ are rights which ha\e been exercised in some form or another uct of a monarchical form of government because his great brain in every State in the Union for more than 50 years. The move­ and heart were at work in England? Would anyone say had he ment now for the direct primary for all elective officers and for been an American citizen that the world would have lost the light delegates representing political parties in national con\entions of his character, his genius, his statesmanship, and his example? is but the development and application of a principle which has No one would suggest that, and yet it was seriously argued by been acknowledged and accepted and approved since the days of the Senator from New York that we should not change our Lincoln. Constitution in regard to the election of Senators because the Represenwtive government involves the principle that the Constitution as it now stands gave us those illustrious Senators electorate has the right to be represented and not misrepre­ he so eloquently named. He forgot, for the time being at least, sented, and on that principle is based the argument for direct that these same Senators-nearly all of them, as I recall their legislation, for it must be assumed that if the representatives named-had begun their public service in the House of Repre­ truly represent those who elect them there will be no need for sentatives, to which body they had been elected by the people the employment of the agency known as the initiative and ref­ in the first place. This shows that the people were the first erendum. It is only when the representatives misrepresent to call them, and again sustains the contention that the people the electorate that the electorate will ever have occasion to can be trusted to choose their own public servants. It is not initiate legislation or to veto legislation. necessary for them to sublet the contract. They are competent Mr. President, the American people can not be joked or smiled to perform that work themselves. _ or by scholarly scoffers driven from their determination to have The Senator from New York was not satisfied with stating his a direct \Oice in public affairs. Representa frrn . government is opposition to the popular election of Senators. He went further, dear to them. They would preserve and perpetuate it. They and declaimed at great length against the growing sentiment would oppose as a public enemy any attempt to impair or im­ in this country toward popular government, and on this topic peril its institutions. They would save them all. How natural he was facetious as well as interesting. The Senator from and logical, then, is their desire to become closer and more Massachusetts did the same thing, but he was not facetious; directly identified with their servants and representatives, he was severely sarcastic. The Senator from New York became whether in the National Congress or in State legislatures, and se-vere, however, in his obser:vations against the direct primary. to have a more direct voice in the laws of the land that is theirs. Mr. President, the direct primary for elective officers is the first The movement toward popular government will not destroy step in the establishment and the most necessary step in the representative government; it will save it. preservation of real representative government. It is the first It is a matter of great personal regret to me that the com­ step, because it gives the people a direct voice in the selec­ mittee was unable to report back unamended to the Senate the tion of candidates. It is by long odds the · most important joint resolution referred to it. The resolution, as reported by step in a government whose policies are determinable by · the the committee, as I tried to show the Senate the other day, electors at the polls, for it must be conceded that on the wisdom contains two distinct and separate propositions. The first one and care exercised by the electors in selecting ca.ndida tes rests provides for the popular election of Senators by amending sec­ absolutely the opportunity to fill the offices on election day with tion 3 of Article I of the Constitution. The second one repeals men who represent the principles and reflect the opinions of section 4 of Article I of the Constitution so far as it relates to the electorate. Senators. I ask leave to insert here without reading a copy of If the rank and file of the different political parties in the the pending resolution and the sections referred to. · country. are denied the right to. select by direct vote jheir -candi­ The_ PRESIDENT pro tempore. In the absence of objection, da tes, th_e right of suffr~ge on election day becomes of very little permission to do so will be granted. 2494 CONGRESSIONAL RECORD- SENATE. -FEBRUARY 14,

The matter referred to is as follows : I think it was a Member from South Carolina in that con­ ' Joint resolution proposing an amendment to the Constitution providing vention who suggested that Senators should be elected to serve that Senators shall be elected by the people of the several States. during good behavior. I will always hold this proposition to Resolved by t?ze B_enate and Hotise of Representatives of the United be wholly unwise. It might make the term too short. States of .America in Congress assembled (two-thirds of eaoh House But seriously, whatever be the merits of changing the term, cqn'!urring therein), That ~n lieu of the ~rst paragraph of section 3 of Article I of the Constitution of the Uruted States, and in lieu of so no one here would suggest that the issue of popular election much of paragraph 2 of the same section as relates to the filling of of Senators should be clouded or encumbered by proposing such vacancies, and in lieu of all of paragraph 1 of section 4 of said Article I, in so far as the same relates to any authority in Congress to make a change in this resolution. So I say it is· to be sincerely hoped or alter regulations as to the times or manner of holding elections for that the committee and the friends of the two propositions Senators, the following be proposed as an amendment to the Constitu­ now contained in the resolution will allow them to be separated tion, ~hi~h shall be v:ilid to all intents and purposes as part of the so that neither may be depe:odent on the other and each may ~f~se~~ut1on when ratified by the legislatures of three-fourths of the stand on its own merits before the Senate and before the " The Senate of the United States shall be composed of two Senators States. from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the Mr. BOURNE. Mr. President, recent discussions by some of qualification requisite for electors of the most numerous branch of the the opponents of the pending resolution providing for direct State legislatures. " The times, places, and manner of holding elections for Sena tors election of United States Senators have enriched literature, fur­ shall be as prescribed in each State by the legislature thereof. nished well-rounded periods anq. beautiful diction, resurrected " When vacancies happen in the representation of any State in the the Athenians and RoPlans and carried us back thousands of Senate, the executive authority of such State shall issue writs of elec­ years, but have absolutely failed to prove that selfish interest tion to fill such vacancies: Provided, That the legi.slature of any State may empower the executive thereof to make temporary appointments rather than general welfare is the better motive power of gov­ ~·~~t.the people fill the vacancies by election, as the legislature may ernment or that the indi\idual legislator is wiser, more unselfish, better dev_eloped, or more competent to legislate or select public " This amendment shall not be so consti·ued as to affect the election or term of any Senator chosen before it becomes valid as part-of the servants than is the composite citizen. Constitution." In view of the present inclination to drift in the shadows of • • • * • • * many centuries ago, I crave the patience of the Senate to give reio~:ti~~o~:;gn:s ~~ui::s ~onstitution proposed to be amended by this a brief history of the evolution of popular government and promise only to carry my hearers back to a period less' than "SEC. 3, ART. I. The Senate of the United States shall be composed of two Senators from each State, chosen by the legislatures thereof, for six five centuries and bring them rapidly through the chronology years; and each Senator shall have one vote. of its evolution to the present date. " SEC. 4, ABT. I. The times, places, and manner of holding elections for The art of printing was discovered in 1456 and gave to the Se~ators and Representatives shall be prescribeq i~ each State by the IegISlature thereof., but the Congress may at any time by law make or day of gene1·a1 intellectual development its dawn. Cromwell alter such regulations, except as to places of choosing Senators." (1599--1658) taught kings true sovereignty-the sovereignty of - 1\:Ir. BROWN. l\fr. President, I do not care to discuss the the people. John Locke (1632-1704), the son of a captain in wisdom or policy of repealing section 4. The point I insist Cromwell's army and a graduate of Oxford, among other things upon is that it has no place in the resolution providing for printed for the world his theory of popular sovereignty, which the popular election of Senators. ·The two propositions should theory no doubt was cradled in the uprising of the English be submitted to the Senate separately and referred to the people under Cromwell. Hµme (1711-1776) in England and States separately, so that each could stand on its own merits Jean Jacques Rousseau (1712-1778) in Paris and Geneva, con­ before us when we vote and before the States when they are temporaneously revamped, echoed, and reechoed Locke's theory called upon to ratify or reject whatever resolution we pass. of popular sovereignty, and Kant (1724-1804) in Germany gave If the election of Senators by direct vote is to be referred to it voice. Thomas Paine (1737-1809) in England and America the people, they should have the right to vote on that prop·osi­ and Thomas Jefferson (1743-1826) in America became the tion by itself, alone and unencumbered by any other issue. chanticleers _of liberty and popular sovereignty on this continent. If it be desired that section 4 be repealed and all supenisory The chronology of popular sovereignty in modern times is thus power of Congress over the manner and time of holding sena­ traced through successive and contemporaneous writers from torial elections be abrogated, that question should be submitted Locke to Jefferson, the teachings of each of whom for democracy so that the people will have a right to vote on it by itself, alone and it is impossible not to believe exerted an influence upon tho unencumbered by any other issue. It is not fair for us to send :final formation of our Government, while it is equally evident to the people a proposed amendment which embraces two dis­ that the compatriots of Paine and Jefferson brought to bear tinct and separate proposals, because it denies to the people an their knowledge of the failure of ancient republics, and par­ opportunity to support the one they may favor without sup­ ticularly that of Greece, as furnishing arguments against the porting at the same time the other which they may not favor; universal franchise, the direct responsibility of and to an nor do they have the opportunity of rejecting the one they dis­ electorate, and in favor of some form of beneficent despotism. favor without at the same time rejecting the one they may It is generally ·conceded, however, by present-day political favor. It is obvious, entirely aside from the merits of . the writers that of these named in the chronology, Jean Jacques two propositions, that they should, in all reason and fairness, Rousseau, in his "Social Contract," exercised the most profound be separated and referred separately to the States. The popular influence of any of them upon the world's history. The one election of Senators has been advocated time and again by tht central idea in his political philosophy was popular sovereignty. Democratic Party in national conventions and by the Repub­ Around that gyrated the logical deduction that where there is lican Party in a majority of the States in State conventions and no equality there can be no liberty, and where there is no lib­ legislatures. When did any party in any convention ever favor erty there ca.n be no general prosperity. His attempt to con­ the second proposition contained in this joint resolution-the struct upon these postulates a working plan for a democratic one to repeal section 4 so far as it relates to Senators 1 l\fy government on a large scale does ~ot signify the unsoundness judgment is that it is our duty at this time to .propose an of the fundamental truths that lie at the bottom of his thesis. In his day, and, indeed, until recent times, any attempt to estab­ amendment for the direct election of Senators. This is the lish a democratic form of government on a large scale was not one question before the people now. No other amendment has feasible because of the lack of extensive and rapid intercom­ been asked or demanded. munication among the individual units of a numerous common­ But if other amendments are to be submitted, why not sub­ wealth occupying a large area and actuated by different and mit one to change the term of Senators and put that in this ofttimes conflicting interests. resolution so that the people who want popular election of Born a free citizen of Geneva, Rousseau picked up under ad­ Senators would be compelled to "\'ote for a term of service satis­ verse circumstances a knowledge of the ancient political writers factory to us, which we will name in this resolution 1 Many Plato, Aristotle, Socrates, and others, and was also no doubt reasons have been given why the term of Senators should be familiar with the writings of Locke, whose theories of popular lengthened and a few why it should be shortened. No man here, government, as modified by his own conceptions, he purveyed unless it be my handsome and gentle friend from California to his generation in France and Switzerland. [.l\fr. FLINT] or my gentle and handsome friend from ·washing­ SOCIAL CONDITIONS IN AMEBICA IN 1776. ton [l\fr. Prr.Es] i~ satisfied that a six-year term is long enough. It was, if I recall correctly, Alexander Hamilton, in the Con­ The conditions in the American Colonies, by the unfoldment stitutional Convention at Philadelphia, who suggested that of human progress, in 1776 were barely propitious enough to United States Senators should be elected for life. A few years warrant the fates in launching_the :first great Republic that ago such a proposition seemed to me wholly unsound and, un­ gives promise of realizing the aspirations of true democracy. wise, but I confess here lately I take more kindly to it. His The field was fallow for revolution, having been plowed by the suggestion was rejected because that would make the term Puritans, the Quakers, and the Huguenots, but barely fertile too long. enough for the planting of a republic, much less for that of 1911. QQNGRESSIONAL RECORD-SENATE. - 2495 democracy, which could be only a Utopian dream until made check any undue or radical action on its part by subjecting feasible by the development of a high order of general intelli­ such action to the approval, amendment, or rejection of an gence and the creation of time and spa·ce annihilators for the upper House, a body of Senators whose respective tenures of individual units of society to effect rapid interchang~ of thought office were fixed for six years and who were to be elected by and action. These last-named conditions are now abundantly State legislatures, so as to take their acts and this branch of in evidence in this country and need but the awakening of Congress out of the range of direct responsibility to the electo­ general intelligence as the final auxiliary factor in the transmog- rate. By the Constitution the Senators are declared United 1·ification of an irresponsible representative system into a sys­ States officers, i:epresenting, in theory, the whole Republic, tem directly responsible to a completely enfranchised, intelli­ though elected to office by particular, individual States, two gent, sovereign electorate. tQ each State. As a political creation, therefore, the United The adverse and favorable conditions for the establishment States Senate is unique in the whole history of government. of any sort of a popular gov~rnment in the Colonies were about The great powers that the Constitution confers upon the Senate, equally balanced at the close of the American Revolution. the method of its creation, the six-year tenure of the individual The lack of sufficiently rapid intercommunication and close officer, and the never-dying character of the institution as a and frequent contact of the individual units of each colony with body, are all strictly Hamiltonian in their natures, and were con­ those of other colonies was perhaps the most serious of the ferred with the premeditated design of reducing and minimiz­ adverse conditions. Diversity of religious sectarianism was ing to the last degree the influence, immediate or remote, of another, national prejudices a third, conflict of trade and com­ the electorate over the lawmaking power of the Government, mercial interests still another, and many others. The favor­ and in so far as possible to nullify and render as naught every able conditions were a common language, a common source of vestige of popular sovefei_gnty. fundamental principles of law, a certain sense of brotherhood, In providing for the creation of this branch of the National born of a companionship in arms, and; after a three years' Legislature and fixing its status was found by the convention trial of a loose confederacy, a final sense that in an effective to be one of the chief difficulties in .agreeing upon the charter union alone there was national safety and that, metaphorically, of our Union, because it involved the autonomy and relative they must still band together or hang separately in a world of share of the States as such in the conduct of the Federal Gov­ piratical nations. ernment. So, under these conditions the Constitutional Convention of This was of little concern to Hamilton, however, so long as 1787 met for the purpose of " forming a more perfect union " the powers conferred on the Senate were in inverse ratio to the of States to be given authority in a central federal govern­ Senate's responsibility to the people. Roger Sherman, a dele­ ment with powers defined and limited by a written constitution. gate from Connecticut, who proposed the plan finally adopted, OPPOSING VIEWS IN CONSTITUTIONAL CONVENTION. and who seems to have .been chief spokesman fqr the Hamilton To this convention went adherents of two great Americans contingent, on May 31, 1787, advocated the election of th~ of approximately equal learning but whose temperaments were lower House of Congress by the State legislatures, and is re­ the antitheses of each other, whose observations were fl'om ported by Madison as opposing the election by the people, exactly opposite viewpoints, whose estimates of human nature insisting that it ought to be by the State legislatures. "The were at entire variance, whose views with regard to the con­ people,'' he said, "immediately, should have as little to do as struction of society and t}le relations of people to the Govern­ may be about the Government." And this was the actuating ment were antagonistic. These men were Thomas Jefferson, of moti\e of the Nationalists when in the following July the con­ Virginia, and Alexander Hamilton, of New York, and the latter vention finally, after long and serious debates, adopted the was himself a member of the convention. Jefferson was a dis­ present Hamiltonian method of electing United States Senators. ciple of Locke and Rousseau, and his adherents in the conven­ CONSTITUTION AS FRAMED WAS AGAINST POPULAR SOVEREIGNTY. tion stood for the incorporation of the broadest possible demo­ cratic principles in the new Constitution, while Hamilton, es­ When the Constitution was finished by the convention and sentially an aristocrat and monarchist, without faith, or any signed. every grant of power it contained, every bar it put up kind of confidence· in the average intelligence, patriotism; or between the people and the Government, e\ery check and bal­ stability of mankind, stood for every possible device that went ance it imposed on the electorate and on the States was Ham­ to exclude and remove from the people any direct contact with, iltonian, ana, as far as possible, was constructive of an irre­ or immediate or remote responsibility for the Goverrunent. It sponsible machine. It was aggressive against State 13overeignty, was confederationist arrayed against nationalist. It was the against popular sovereignty, and against the spirit of democracy Jeffersonian idea to retain all the power possible in the sover­ among. the electorate of the States. Jefferson and his school eignty of the States and to leave the people in the respective ·were, in truth, on the defensive, and the battle resulted in a vic­ States to their own devices in administering public affairs. tory for what exactly at that time was needed-and all that the It was the Hamiltonian idea to leave with the States as little conditions then warranted- a union of States under a central­ power as possiLle, and with the people none at all. These two ized government. Conditions were not then ripe for Rousseau­ strenuous schools had each its following, the Jeffersonians ism, in the application of popular sovereignty, on a national chiefly among the masses who had fought the war and read scale. But witness the 15 amendments to the Constitution and Thomas Paine's pamphlets, and the Hamiltonians largely among observe this curious fact: Every single one of them, in its last the conservative, property-owning, and commercial classes who analysis, is a recognition of the sovereign rights and powers had been Tories or who had straddled the fence d.uring the of the people as against both the sovereignty of the State, as progress of the Revolution. The less strenuous members of the such, and that of the :F'ederal Government. They are the peo­ convention gave us the compromise Constitution, in the final ple's bill of rights. adoption of which the Hamiltonian idea predominated, and is CONDITIONS H.AVE CHANGED. best expressed in the declaration that the Omstitution is an In the last 120 years conditions have greatly changed. Elec­ instrument of "admirable checks and balances,'~ which placed tricity and steam, the telegraph, telephone, railroad, and steam­ it in the hands of the judicial branch of the Government to boat ha v-e established media of instantaneous intercommunica­ exercise an absolute veto upon e-very act of the other two coor­ tion of ideas and rapid cooperation of action of the individual dinate branches; and, while in the theory only a power of nega­ units of society. tion, is, in fact and may be in practice, one of far-reaching legis­ Centralization of government, business, and the individnal lative initiation and crystallization. units of society is the inevitable result incident to the evolution CONSTITUTIONAL METHOD OF ELECTING PRESIDEXTS CHANGED BY USAGE. of civilization. With this centralization comes increased power, It was provided in the Constitution-since amended by and to insure the proper use of same it must be correlated with usage-that the Chief Executive should be elected by State elect­ increased· responsibility and accountability, which should gc ors appointed by the States in such manner as the legislatures together. thereof might determine, a provision calculated to remove Presi­ RESPONSIBILITY AND ACCOU:NT.ABILITY MUST GO TOGETHER. dents as far from the people as possible, again filtering power To insure good service, responsibility and accountability must through as many intermediates as could be devised between the go together. Whatever an individual iS responsible for he people and the Government, the source of and the expression of should to the same degree be accountable for. Under delegated power. government he is accountable to the political boss, who in most After dividing the legislative branch between. two houses of cases is but the agent of the largest. campaign contributor, at Congress and the Executive, giving to the latter a qualified ne­ best a shifting accountability, because of the relative fluctuations gation over the exercise of legislative power by the Congress, of contributions and contributors. Under popular government it was the purpose to further restrict the powers of the people like the Oregon system the accountability is always to the com­ and get the Government still further removed from direct re­ posite citizen-individual unknown-always permanent, never sponsibility to them, by first limiting the tenure of the popu- changing, the necessitated result being that the public servant larly elected or lower branch of Congress to two years,. and to must serve the composite citizen who represents general wel- CONGRESSIONAL RECORD--SENATE~ FEBRUARY 14,

fare or be recalled, where the recall exists, or fail of reelection upon ideas, not money; argument, not abuse; principles, not where an efficient direct primary exists. bos.c; and machine dictation. The greater the centralization of power the wider should be DIRECT NOMINATION OF PRESIDENTS DESTROYS POWER OF FEDERAL the distribution of acco~ntability. Where the accountability M.A. CHINE. is to the indiv,idual, the payment will be personal, meaning 'l'he presidential preference bill destroys the power of the necessarily special privilege or serving a selfish interest. Federal machine-prevents a President renominating himself, Where the accountability in government ·is to the composite except by demonstration of good service-absolutely destroys citizen-that is to say, the electorate, or, in corporate business, the possibility of any President naming his successor, and re­ to all the stockholders-the inevitable result is necessitated lieves Presidents of any obligations to political bosses, cam­ service for the general welfare of all, or the earliest possible paign contributors, national committeemen, or national dele­ elimination of the servant, whether public or corporate. gates, thus transferring the obligation from any known indi­ ACCOUNTABILITY SECURED THROUGH DIRECT PRIMARY. vidual to the composite citizen, where it belongs. I repeat that the seeming of proper accountability of govern­ Under the machine and political boss system the confidence ment and corporate officials is one of our greatest national prob­ of sincere partisans is often betrayed by recreant leaders in lems. The solution is simple. In government, direct accounta­ political contests and by public servants who recognize the irre­ bility of all public servants to party and general electorates. sponsible source of power to which they are responsible. If the This can only be secured by the people selecting all their public enforcement of the Oregon Ia ws will right these wrongs, then servants through direct primaries and minimizing the misuse they were conceived in wisdom and born in justice to the people, of money through comprehensive corrupt practices acts, with in justice to the public servant, and in justice to the ·partisan. the ultimate absolute elimination of all political machines, con­ Plainly stated, the aim and purpose of these laws is to de· ventions, and caucuses. In business, rigid responsiblity of the stroy the irresponsible machine and to put all elective offices in commercial force to the police force of society. In corporation direct touch with the people as the real source of authority-ill management, primary responsibility to government, equal obedi­ short, to give direct and full force to the ballot of every indi· ence to laws, and equal accountability to stockholders, giving vidual elector and to eliminate dominance of corporate and cor· the Government and the stockholders the fullest publicity of its rupt influences in the administration of public affairs. The operations, including absolute honesty and simplicity of its Oregon laws mark the course that must- be pursued before tho accounts, thus protecting the rights of the people and insuring wrongful use of corporate power can be dethroned, the people to all the stockholders proportional enjoyment in the fruits of restored to power, and lasting reform secured. They insura successful management, resulting in far greater stability for absolute government by the people. · values and an infinitely greater market for its securities. Electors who believe in the validity and importance of their 0 sovereign citizenship, in their own intelligence, and in their "OREGON SYSTEM" BEST TO DATE. own capacity to think and act for themselves politically, should Oregon has evolved and demonstrated the best-known solu­ study these Oregon laws, and in their respective States and tion of the governmental problem to date. It incorporates: communities should work for the adoption of similar laws, The Australian ballot, which assures the honesty of elections. should question all candidates for legislative offices as to theh.· The registration law, which guards the integrity of the attitude upon these measures, support only such candidates as privilege of American citizenship-participation in government. pledge themselves to work diligently for the adoption of similar The direct primary, which absolutely insures popular selec­ laws, and defeat candidates declining to make public declara­ tion of all candidates and establishes the responsibility of the tions. public servant to the electorate and not to any political boss or ELECTIO~ OF SENATORS CONTROLLED BY C.A.MPAIG~ CO!'

Residts itn 0-regon of ·direct legi8lation. against .which 11eferendum petitions -were filed, and seven measures INTRODUCTORY. .passed .and submitted ·to the people by the legislature. At the November election this year the peo_ple a_pproved nine measures .and rejected 23. So many letters are received by public men in Oregon from citizens of Jn the ·past four electians ,they have approved two and rejected four other States, asking for opinions as to the operation of the initiative measures dealing with local option ·and the liquor question, and have and referendum in this .State, that the undersigned have prepared the rejected rwoman suffrage three times, all proposed by initiative petition. following statement to circulate as a general i•eply. It is intended to No special State election has been held to vote on measures. Such an be a brief statement of 'the opinion of the signers of the results accom- election can be .ordeI"ed only by the legislative assembly. plished, not as an argument for or against ·any of the results, and it is especially to be understood that the signers of this letter were by no NUMBER OF ORGANI.z:A.TIO~s. means united in supporting all, or ·perhaps any, of the measures adopted The 64 measures voted on nave been supported or opposed by 71 or rejected by the people. The adoption of the system of direct legis- different organizations of citizens. On some measures there was no lation in Oregon was not in ·any sense a class or partisan movement, organized effort for or against, and these were commonly rejected. No and tlle vocation of the signers is given after their names to indicate measure has been proposed attacking pI"operty .rights, either of indi­ that the continued support of the system comes irom fill classes within viduals or corporations. the State. OFFICIAL PAMPHLET OF MEASURES AND ARGUl\IENTS. Hon. WUliam M. Lndd, head of one of the oldest and greatest private At the -elections of 1908 and 1910 the secret:ll'y of state was re- banking houses on the Pacific coast, 'Shortly after the Tecent election quired to print and mail to every registered voter .a pamphlet giving declared, ";i would rather ·trust the people to -vote on the 32, or any the full text of every measure to be voted on, with arguments submitted other number of important measures, than any legislature," and be was and paid for by those supporting and opposing the several measures. at one -time a member of the Legislature of Oregon. That or, which was the highest number The following 26 important questions of public ·policy appear to have of votes cast. been dei.!nitely settled by direct vote of the people rof ·Oregon .on 64 INTELLIGENT \OTING. proposed laws and constitutional amendments in the last four general The vote on measures has been generally intelligent, and the system elections: is of great .educational value. .The official pamphlet of measures and 1. Tmrt they wJll not tolerate a return to anything ·like the oonven- arguments 'is carefully studied 'by a great many of the voters. The re­ i.ion method of 'lllaking nominations, but will ·,retain their direc.t'Primur:y tm'Ils indicate that 1most of the electors do ;not vote on measures t:hat system until ·1;;omething better is offered. they think they do ..not understand, though many in that .case vote '.2.. That they will enforce election by the legislature of that ·candidate "No." Many of the undersigned, who have been members of the legis- for United States Senator in Congress who art of the expense ! or this letter was written, but before it was printed : pubhc1ty of the merits of candidates .and ,of poll tic.al parties. " 14. That edible fish, especially salmon, shall be conse.rved in the 1910 SHOWS GREAT DEVELOPMENT IN PORTLAND. rnavigable Tivers of the Sta:te. " Portland's greatest development was reachea 1n 1910, as indicated .lu. That measures of chiefly local .interest will be rejected if sub- by the following : mitted to the voters of the whole State. "Bank ·clearings a.re $517,r71,867.97 against $391,028,890.61 in 1909. l6. Abolition of the convention system of electing delegates to na- ".Real estate rtransfers are $100,096,060 against $26.485,927 in 1.909. tional -conventions, establishing direc.t election of -such delegates by the " Building permits are $20,604.957 against $13,481,380 in 1909. 'Voters .of the great par.ties, .and permitting expression by the voters "Post-o:tfic.e receipts are $924,5.97.61 against $778,853.73 in .1909. of then· choice for their party candidates f J> 'd t d v· "In Tailroad construction work and betterments the total .expendi- President. · ' or resi en an ice tmfoll·e wofs .the various roads in the State reached $34,977,600, classifJ.ed n:s 17. 'fllat three-fourths of .a jury :shall be able to render a verdict in · 0 all civil cases, and court procedure shall be so simplified as to -discour- "Har..ciman system, $14,977,600; propose

Court Salem; W. P. Olds, President Olds, Wortman & The PRESIDENT pro tempore. The report will be read. King bepartment Store, Portland; Geo. M.. Orton, Mana­ ger Multnomah Printing Co., Portland; B. Lee Paget, The Secretary read the report submitted by Mr. FLINT, March Secretary Portland Trust Co., Portland; H. J. Parkison, 18, 1910, as follows : Managing Editor Portland Labor Press, Portland · Lute The Committee on Education and Labor, to whom was referred the Pease, Editor Pacific Monthly, Portland; W. T. Slater, bill (S. :423) to establish in the Department of the Interior a bureau to Justice of the Supreme Court, Salem ; Ben · Selling, be known as the "Children's bureau," having duly considered the same, Wholesale and Retail Clothing and Men's Furnishings report it back with certain amendments, and recommend that as . (President State Senate), Portland; Dana Sleeth, Edi­ amended the bill do pass. . tor Daily News, Portland ; C. E. Spence, Master Oregon State Grange, Car.us; H. W. Stone, General Secretary This bill is for the purpose of establishing a bureau in the Depart­ Young Men's Christian Association, Portland; W. S. m~nt of Commerce and Labor (as amended), under the direction of a U'Ren, Attorney at Law, Oregon City; Oswaia West, chief, to be appointed by the President, with the advice and con sent of the S_e~ate, the said bureau to investigate and report upon all matters Governor (elect), Salem; C. E. S. Wood, Attorney at pertalDlDg to the welfare of children and child life. It is especially Law, Portland. charged w!th investigating the questions of infant mortality, the birth Mr. BORAH. If no one desires to speak at this time, I give _rate, physical. degeneracy, orphanage, juvenile delinquency and juvenile courts, desertion, dangerous occupations, accidents and diseases of chil­ notice that on Thursday when this matter comes before the Sen­ dren, employment, and to report upon legislation affecting children in ate I will ask the Senate to remain in session until it is dis­ the .several States and Territories, and such other facts as have a posed of. bearrng upon the health and character of children. The bill has .been indorsed by several national organizations concerned Mr. HEYBURN. I presume the Senator from Idaho intends in the welfare of children; such as the National Child Labor Committee to say that he will ask the Senate to remain in session until the National Federation of Woman's Clubs, and was recently unani~ some other order of business having a right of way shall have mously indorsed by the conference of dependent children which assem­ bled in this city a few weeks ago, with a membership of some 200 been reached. persons prominent for their interest in the welfare of children. The Mr. BORAH. I am always under great obligation to my col­ work of the bureau, of course, is to be simply that of inquiry and league, but in this instance "the Senator from Idaho" meant report. After a thorough investigation of its relation to other bureaus and departments of the Government, it has been found that the proposed precisely what he said. ~ureau will in no sense. duplicate work that is now being done, though I stated that when the matter came up in the regular order at it would be greatly aided by cooperation with such bureaus as the 2 o'clock on Thursday I would ask the Senate to remain in ses-· Census Bureau, the Bureau of Education, and the Bureau of Labor 0 As to the specific question whether the Census Bureau could do the work sion until it was disposed of. _Of course it is in the hands of contemplated by the proposed children's bureau, Director North of the the Senate to determine whether or not it will do so. My object Census Bureau, at a hearing on this bill, said: ' and purpose were to gile notice to those who desire to be here, " The Census Office is a purely statistical office. Its function is to collect the cold-blooded facts and analyze and interpret them and leave that they might know what was the purpose of those in charge to the public at large the duty of drawing the ethical or m'oral or in­ of the measure. . dustrial conclusions which those facts convey. I feel very strongly that Mr. President, in order to avoid that, if I can, I am going to if any legislation is enacted which in any way modifies the function of the Census· Office in that regard it will be highly detrimental to the ask at this time unanimous consent that upon Friday this mat­ work of the office. Such statistics as the bureau finds it necessary to ter be taken up, and the amendments and the original joint res­ collect the Census Office would collect for it. We do now collect sta­ olution be debated and Jii_sposed of, or any amendment that may tistics for a number of the bureaus of the Government, and collect them in the way that they want them· collected. That is the l?eneral position be offered, before adjournment upon that day. I ask unanimous of the Census Office on that proposition, and I believe it is a position consent to that effect. which is scientifically correct; that it is a position which it is neces­ The PRESIDENT pro tempore. The Senator from Idaho asks sary for the off.ice to maintain if it is not to lose its standing as a purely statistical bureau. We do not want to divert our enerf?ies into unanimous consent that on Friday next the pending joint reso­ studies of physical degeneracy, of orphanage, of juvenile delinquency lution may be taken up, and that its consideration proceed, and and juvenile courts, and all that class of questions, which are not sta­ that a final vote be taken on the amendments and any amend­ tistical questions." Commissioner Neill, of the Bureau of Labor, stated on the same ments that then may be offered and the measure itself before proposition: - · . adjournment. Is there objection? " I do not feel at all, Mr. Chairman, that any of this work is a Mr. HEYBURN. I object. duplication of the work we are doing, and it would be handled in a different way. There are only two or three things that we would touch Mr. BORAH. ·Mr. President, I renew the statement which I at all, and then we would handle them in a way entirely different. . I made with reference to taking up the matter on Thursday and do not believe you could get the same quality of ability to do this work asking the Senate to remain in session until it is disposed of. under the Bureau of Labor as you could if it was under an independent KEAN. bureau. I think that is a point that should be considered in the cob­ Mr. The Senator from Indiana is going to speak on centration of Government work; that is something that should be kept· Thursday. · in view. The concentration, in my judgment, is certain to lead to a Mr. BORAH. The Senator from Indiana and the Senator less high-grade quality of work. · " Question. You believe, then, the most practical thing and the most from Idaho have an understanding. advisable thing is to establish a bureau? Mr. President, I now ask unanimous consent that the unfin­ " Mr. NEILL. Unquestionably. • • • I do not believe, if the Gov­ ished business be temp-orarily laid aside. ernment is going to spend money at all in this particular line, that it will be economical or that we shall get the best results if it attempts The PRESIDENT pro tempore. The Senator from Idaho asks to simply make use to a limited extent of existing organizations, no one unanimous consent that the unfinished business be temporarily of which, so far as I know, is eqnipped or could equip itself, without laid aside. Is there objection? The Chair hears none, and the somewhat departing from its proper line of work, to study these things as thoroughly and as fundamentally as they ought to be studied." order is made. Commissioner Brown, of the Bureau of Education, upon the same ESTABLISHMENT OF CHILDREN'S BUREAU. question, said : · " From the point of those of us who are engaged in educational work Mr. SMOOT. I ask unanimous consent that the Senate pro­ these purposes are of the utmost importance, and it seems to us that if we are to make proper provision for the future industrial efficiency of ceed to the consideration of the calendar under Rule VIII, this country, or its efficiency along all social lines, it will be necessary beginning with calendar No. 1045. that such investigations as those that are contemplated in this bill Mr. FLINT. Before the calenda'.r is taken up I ask the Sen­ should be undertaken with the utmost care. There is, then, on the part of those who are connected with the Bureau of Education and those ator from Utah to permit me to call up the bill (S. 423) to estab­ with whom the Bureau of Education has most to do a .very strong lish in the Department of the Interior a bureau to be known as sense of the importan<;:e of this measure. It certainly looks to the the children's bureau. It has been on the calendar for some conservation of the character of our people in ways in which I am convinced we shall have to look to it with the utmost care within these time, and I think there is no objection to it. There is a great coming years. demand for its passage. "Referring now more particularly to this bill, I should say that for Mr. SMOOT. That bill is under Rule IX. such work as the Bureau of Education has to do ft is important that . such work as is here defined should be done somewhere. We can not Mr. FLINT. It is under Rule IX, but I think there will be no deal properly with the large questions of the education of children with­ objection to its passage. I should like to have it considered. out a more detailed and accurate knowledge than we now possess as to Mr. SMOOT. I will not object if it leads to no debate. If it the actual conditions surrounding the child life of the country, such conditions as are referred to in this bill. ·leads to debate, I shall ask that the calendar under Rule VIII " I think the best way to accomplish this end is by the passage of be proceeded with. such a bill as this and the establishment of a separate bureau." . The PRESIDENT pro tempore. The Senator from California With this testimony the question of any possible duplication of work now being done is answered. The only remaining question is as to asks unanimous consent for the present consid~ration of Senate the importance of the work contemplated by this proposed bureau of bill 423, which will be read. childr.en. We have had before the committee a number of distinter­ The Secretary read the bill ; and there being no objection, the ested advocates of the bill. They have all represented to us that it is absolutely impossible, under existing agencies; to secure reliable infor­ Senate, as in Committee of the Whole, proceeded to its con- mation upon subjects relating to children, and especially to the unfor­ sideration. · tunate children of the country. The action of the several States in Tbe PRESIDENT pro tempore. The bill has been reported providing for these children could be guided without waste of energy and money, and the efforts of the various philanthropic agencies of from the Committee on Education and Labor with amendments. the country, which are spending millions for the welfare of the children, · Mr. KEAN. Let me ask the Senator from California a ques­ could be guided so as to avoid useless expenditures of money, and to tion. I understand the bureau is merely to investigate and find· profit by the experience of others who are working along the same line of endeavor. facts. The illustration of the benefit of this work comes to us most aptly :Mr. FLINT. Yes, sir. from the splendid result achieved for the people at large by the Mr. CULBERSON. Let the report be read. Agricultural Department and the various bureaus operated by that i911. ·CONGRESSIONAL RECORD- SENATE. 2499

department, such as the Bureau CJf Animal Industry, the Bureau of ceive an annual co-mpensation CJf $1,5-00 ; 1 statistical expert, at $2,000 ; l'lant Industry, the Bureau of Chemistry, the Bureau of Soils, the 2 clerks of class 4 ; 2 clerks of class 3 ~ 1 clerk of class 2 ; 1 clerk of Bureau of Entomology, . and the like. 'l'be information secured, by class 1 ; 1 clerk, l!-t .$1,000 ; 1 cogyist, at $.900 ;. 1 spedal agent, at capable experts on all these topics and freely published to the people 1,400 : and 1 speeial agent, at $1,-00. have been the cause of the saving of millions of money and much useless effort. and have been the means of building up vast industries The amendment was agreed to. to the growth ot our national wealth. The next amendment was, in section 4, page 3, line 3, after The committee believes that such facts as may be sC"ientifically as­ the word " of," to strike out " the Interior" and insert " Com­ certained and may be published in popular form concerning the child life of the Nation will be of inestimable advantage. Of course no meree and Labor," Eo as to make the section read: legislation is contemplzted beyond what may be su-ggested by the SEC. 4. That the Secretary of Commerce and Labor is hereby directed work of this bureau within the jurisdiction of the Federal Govern­ to flwnish sufficient qanrters for the work of this bureau at an annual ment. But the separate States and communities which have to deal rental not to exceed !1)2,000. with tbe problems of dependency, delinquency, infant mortrrlity, occu­ pational diseases, and the employment of children will be able to learn The amendment was agreed to. from the work of this bureau what can not now be learned anywhere l\fr. HEYBURN. In section 2, on ~ge 2, line 3, after the else in any scientific OT mithoritative form. word "rate," I move to strike out the words "physical degen­ There does n9t DOW exist in any of the States such a bureau as the one contemplated, although some of the facts desired are collected by eracy." a few of the States, either through bureaus CJf education, or CJf labor, l\fr. FLINT. I have no objection to that amendment. or of health. There are other States without even such agencies for l\Ir. HEYBURN. I further move to strike out, in the same publishing information. Some States are without vital statistics of any kind. n.nd these States would be stimulated to investigations of their line, the words "jm·enile delinquency." I think that will be own by the aid of the proposed bureau of children. agreed to by the chairman of the committee, if the chairman We believe it would be entirely within the province of the National may agree to it. Government to secure scientific and reliable information along these lines coneerning the general welfare of the children of the Nation. .Mr. FLINT. It is agreed to by me. Other nations have all'eady advanced beyond onr own in researches The PRESIDENT pro tempore. The amendments will be of this kind. Germany, for example, has a very complete and thOT­ stated. ough system of i;esearch and publicity concerning all the facts relating to child life. 'l'he British Parliament bas just passed what is known The SECRET.A.RY. On page 2, line 3, before the word " orphan­ as the "Children's act," pro~rly styled the ·•Children's charter," with age," strike out the words "physical degeneracy" and the the double function of investigation and administration. The di1Ierent­ comma, and, in line 3, after the word "orphanage," strike out sectioiis of this act re.late to infant life protection, prevention of -cru­ elty to children, reformatory and industrial schools, juvenile offenders, the words " juvenile delinquency." and the health, sa.tety, and welfare of the children in generaL Of The amendments were agreed to. com·se the distinction between our form of government and that of Ur. HEYBURN. In pursuance of that sentiment,. in the the British Empire is clearly recognized by the committ~. and the only function of the Federal Government with which we are here same section, line 8, page 2, I move to strike out the words concerned is that of the investigation and report of facts relating to "efficiency, character." They go to the same class of delin­ · child life. quency. The PRESIDENT pro tempore. The amendments of the· :Mr. FLINT. Let that amendment be agreed to. . committee will be stated. The SECBET.ABY. On page 2,, line 8, after the word "health~~· The first amendment was, in section 1, page 1, line 3, after , shi.ke out the words " efi,lciency, character." the word " of," to sh·ike out " the Interior" and insert " Com­ The amendment was agreed to. merce and Labor," so as to make the section read: The bill was reported to the Senate as amended, and the That there shall be established in the Department of Commerce and amendments were concurred in. Labor'.' a bnreau to be known as the children's bureau. . The bill was ordered to be engrossed for a third reading, read The amendment was agreed to. . the third time, and passed. ·The next amendment was, in section 2, page 1, line' 9, before The title was ·am.ended so as to read: "A bill to establish in the word " thousand," to strike out "five" and insert " four; " the Department of Commerce and Labor a bureau to be known on page 2,. line 4, after the word " desertion," to strike out " and as the Children's Bureau." · illegitimacy; " in line 5, after _the word "children," to strike THE CALENDAR. out "of the working classes;" and in line 9, after the word '"'bureau," to strike out "shall" and insert "may," so as to l\Ir~ KEAN. Now, let the calendar be proceeded with. make the section read : .Mr. SMOOT. I renew my request. , SEC. 2. That the said bureau shall be under the direction of a chief, The PRESIDENT pro tempore. The Senator from Utah asks · to be appointed by the President, by and with the advice and consent that the Senate proceed to the consideration of the calendar of the Senate, and who shall receive an annual compens.ation of $4,00-0. The said bureau shall investigate and report upon all matters pertain­ under Rule VIII, commencing at Order of Business No. 1045. ing to the welfare of children and child life, and shall especially investi­ Is there objection? The Chair hears none, and Order of Busi­ gate the questions of infant mortality, the birth rate, physical de­ ness No. 1015 will be proceeded with. _generacy, orphan.age, juvenile delinquency and juvenile courts, desertion, · dangerous occupations, accidents and diseases of children, employment, The SECRETARY. Order of Business No. 1045, a bill (H. R. legislation affecting children in the several States and Territories, and 31353) for the relief of F. W . .Mueller. sueh other facts as have bearing upon the he.alth, e.ffi.dency, character, The PRESIDENT pro tempore. The· bill will be read. and training of children. The chief of said bureau may from ti.me to l\fr. BORAH. Under what order are we proceedi:Ilg? time publish the results of these investigations. The PRESIDENT pro tempore. Under Rule VIII. The amendment was agreed to. 1\fr; BORAH. Beginning with what number? The next amendment was, in section 3, page- 2, line 13, after The PRESIDENT pro tempore. Beginning with No. 1045. the word "of," to strike out " the Interior " and insert " Com­ Mr. BORAH. Did we pass over the other numbers! merce and Labor"; in line 14, after the word " of," to strike :Mr. SMOOT. I suggested that we ·begin at No. 1045, because, out " three thousand" and insert " two thousand four hundred"; in the consideration of the calendar on Saturday, we bad in line 17, after the word "dollars," to strike out "a chief reached that number. T.rherefore I thought it was proper to clerk, who shall recei"rn an annual compensation of $2,000 ''; commence there. in line 19, after the word " dollars," to strike out " four " Mr. BORAH. I d-0 not desire to interfere with the orderly . and insert " two " ; in line 20, before the word " clerks," procedure which has been mapped out, but there are some to strike out " four " and insert " two·" ; in. the same line, m·easures prior to that which some of U$ are very anxious to after the word " three," to strike out " two clerks ., and in­ have passed, and I feel that we ought to have the regular sert "one clerk"; in line 21, after the word u two," to strike order and commence at the beginning. · out " six clerks " and insert " one clerk " ; in line 22, before l\fr. SMOOT. Whenever we have called the calendar in the the word "at," to strike out "five clerks" and insert "one regular order we have started with it at the beginning. The clerk " ; in the same line, ;itter the word " dollars," to strike bills tllat are toward the end of the calendar, under Rule VIII, out " each; two copyists" ; in line 23, before the word " at," have never yet been considered, and up to No. 1045 they were to insert " one copyist " ; in the s.ame line, after the word " dol­ an considered on Saturday. It is only a continuation of the ln.rs," to strike out "each; one messenger, at $720; two"; consideration of the calendar under Rule VIII. in line 24, before the word "special," to insert " one"; in l\Ir. BORAH. They were not all considered'. on Saturday; the same line, after the word " special,'' to strike out " agents" some were passed over. and insert " agent " ; in line 25, after the word " dollars," to Mr. SMOOT. They were either considered or objected to, trike out "each"; in the same line, after the word "and," and no doubt those that were objected to then would be ob­ to strike out " two." and insert " one n ; on page 3, line 1, jected to to-day. I hope the Senator from Idaho will not inter­ after the word " special,'' to strike out "agents " and insert fere now with the completion of the consideration of the calen­ " agent" ; and in the same line, after the word " dollars," to dar under Rule VIII. If there is any time left we can go back strike out "each," so as to make the section read: and commence at the beginning again. SEC. 3. That there shall be in said bureau, untn otherwise provided Mr. WARREN. In the meantime, :Mr. President, I should for by law, an assistant chief. to be appointed by the Secretary of Commerce and Labor·, who shall receive an annual compensation of like to submit the report of a conference committee, if in order. $2,400 ; 1 private secretary to the chief of the bureau, who shall re- The PRESIDENT pro tempore. The report will be receind.

' 2500 CONGRESSION .AL RECORD-SEN.ATE. FEBRUARY 14,

SUFFERERS FROM FAMINE IN CHINA. NEW RIVER DAM, VIRGINIA. Mr. WARREN submitted the following report : The bill (H. n. 31931) authorizing the l\anhoe Furnace Cor­ The committee of conference on the disagreeing votes of the poration, of Ivanhoe, Wythe County, Va., to erect a dam across two Houses on the amendments of the Senate to the bill (H. R. New River was considered as in Committee of the Whole. 32473) for the relief of the sufferers from famine in . China, The bill was reported to the Senate without amendment, having met, after full and free conference haye agreed to rec­ . ordered to a third r~ading, read the third time, and passed. ommend and do recommend to their respective Houses as fol­ INDIAN ALLOTMENTS. lo-ws: The bill (S. 10530) authorizing the sale of the allotments of That the House recede from its disagreement to the amend­ Nek-quel-e-kin, or Wapato John, and Que-til-qua-soon, or Peter, ments of the Senate numbered 1, 2, 3, and 4, and agree to the Moses agreement allottees, was announced as next in order. same. Mr. JONES. I ask that the bill may go over. F. E. WARREN, - '.rhe PRESIDEJ\'T pro tempore. The bill will go over. JAS. P. TALIAFERRO, BUREAU OF . LIGHTHOUSES. Managers on the part of the S<;nate. The bill ( S. 9802) providing for the disposition of moneys J. A. T. HULL, recovered on account of injury or damage to lighthouse prop­ F. C. STEVE ~s, erty was considered as in Committee of the Whole. ·_ It provides JAMES HAY, that hereafter all moneys recovered on account of injury or Managers on the pa.rt of the House. damage to lighthouse property shall be covered into the Treas­ The report was agreed to. ury to the credit of the proper appropriations for repair and F .• W. MUELLER. maintenance of works under the control of the Bureau of Light­ houses for the fiscal year in which said deposits are made. 'l'lle PRESIDENT pro tempore. The calendar will be pro­ The bill was reported to the Senate without amendment ceeded with at the point reached when last under considera­ ordered to be engrossed for a third reading, read the third time' tion, if there be no objection. and passed. · · ' The bill (H. R. 31353) for the relief of F. W. Mueller was ROCK RIVER DAM, ILLINOIS. considered as in Committee of the Whole. It authorizes the Commissioner of the General Land Office to reconvey, by proper The bill (H. R. 31926) permitting the building of° a dam deed of conYeyance, all title which F. W. Mueller had vested acroes Rock River near Byron, Ill., was considered as in Com­ in the United States Government to the following-described mittee of the Whole. lands: The north half of the northeast quarter of section 8, · The bill was reported to the Senate without amendment the southeast quarter of the southeast quarter of section 5, ordered to a third reading, read the third time, and passed: ' and the southwest quarter of the southwest quarter of section TITLE TO NEW MADRID LOCATION, MISSOURI. 4, · township 8 north, range 24 west, San Bernardino meridian, in California, containing 160 acres. But he shall make satis­ The bill (H. R. 27069) to relinquish the title of the United factory proof of such conveyance to the United States of said States in. New Madrid location and surrey No. 2880 was con­ land by the submission of an abstract of title, together with sidered as in Committee of the Whole. deed of conveyance to the United States of the same, which The bill was reported to the Senate without amendment, said deed and abstract or abstracts shall be retained in the ordered to a third reading, read the third time, and passed. files of the General Land Office. _THOlfAS MARCUS lUOLLO! AND JOSEPH HENRY CROZIER. The bill was reported to the Senate without amendment, or­ dered to a third reading, read the third time, and passed. The bill ( S. 10224) to restore in part the rank of Lieuts. '.rhomas Marcus l\Iolloy and Joseph Heru·y Crozier United EDISON ELECTRIC CO. States Revenue-Cutter Service, was considered as in 'Commit­ The bill ( S. 5583) to amend an act entitled "An act granting tee of the Whole. It proposes to restore in part the rank of the Edison Electric Co. a permit to occupy certain lands for Lieuts. Thomas l\Iarcus Molloy and Joseph Henry Crozier electric-power plants in the San Bernardino, Sierra, and San United States Revenue-Cutter Service, by placing their name~ Gabriel forest reserves, in the State of CaUfornia," by ex­ in the order in which they are set forth herein on the official tending the time to complete and put in operation the power register of the service next after the name of First Lieut. plants specified in subdivisions (g), (h), and (i) ·of section 1 William Henry Munter; but nothing in this act shall ·be con­ of said act, was considered as in Committee of the Whole. It strued to increase the number of officers allowed by law in the proposes to extend the act of Congress approved May 1, 1906, Revenue-Cutter Service, nor shall the officers whose rank is for a period of five years from the 1st day of May, 1910. restored in part by this act be entitled to any back pay or emolu- The bill was reported to the Senate without amendment, ments on account thereof. · ordered to be engrossed for a third reading, read the third The bill was reported to the Senate without amendment, time, and passed. ordered to be engrossed for a third reading, read the third time, and passed. BIGHTS OF WAY FOB SAN FRANCISCO. The bill (S. 9819) granting to the city and county of San CHEQUAMEGON POINT, WIS., RIGHT OF WAY. Francisco, Cal., rights of way in and through certain public The bill ( H. R. 31166) to authorize the Secretary of Com­ 1ands of the United States in California was considered as in merce and Labor to exchange a certain right of way, was con­ Committee of the Whole. sidered as in Committee of the Whole. It authorizes the The bill was reported from the Committee on Public Lands exchange of a certain right of way, now vested in the United with an amendment, in section 3, page 3, line 18, after the word States, extending from the keeper's dwelling to the United "beeu," to strike out " perfected " and insert " filed or made," States light ·station at Chequamegon Point, Wis., for a similar so as to make the section read : right of way on a more direct line between the same points, and. SEC. 3. That the rights of way hereby granted shall not be effective to execute the necessary conveyance therefor; such exchange to over any land upon which ·homestead, mining, or other existing valid be effected without expense to the United States. claims shall have been filed or made by any person or corporation until The bill was reported to the Senate without amendment, the city and country of San Francisco shall have filed correct and proper relinquishments of all such entries and claims or acquired title ordered to a third reading, read the third time, and passed. from such person or corporation by due process of law and caused evi­ SAVANNAH RIVER DAM. dence of suc.h fact to be filed with the Secretary of the Interior. The bill (H. R. 31925) aut)lorizing the building of a dam The amendment was agreed to. across the Savannah Ril'er at Cherokee Shoals was considered The bill was reported to the Senate as amended, and the as in Committee of the Whole. amendment was concurred in. The bill was reported to the Senate without amendment, or­ The bill was ordered to be engrossed for a third reading, read dered to a third reading, read the third time, and passed. the third time, and passed. NORTH POINT LIGHT STATION, WIS. LAKE CHAMPLAIN MEMORIAL. The bill ( S. 9891) relating to the expenditure of an appropria­ The bill (H. R. 31600) to authorize the erection upon the tion for the raising of the North Point Light Station, Wis., was Crown Point Lighthouse Reservation, N. Y., of a memorial to considered as in Committee of the Whole. It provides that commemorate the discovery of Lake Champlain was considered $10,000, appropriated by the sundry civil appropriation act ap­ ns in Committee of the Whole. proved March 4, 1909, for raising North Point Light Station, The bill was reported to the Senate without amendment, W.is.,shall be made available for removing the light station to ordered to a third reading, read the third time, and passed. .. a site 3,000 feet northeast of its present 19cation, the new site 1911. ~ CONGRESSIONAL RECORD-SENATE. 25011 to be secured for the -United States froni the city of Milwaukee, plication whatever to the measure. That is rather a compli­ Wis., by an exchange of a portion of the present lighthouse site. mentary remark, I suppose, in the estimation of the Senator. The bill was reported-to the Senate without amendment, or­ There is an air of proprietorship and dictatorship and leader· dered to be engrossed for a third reading, read the third time, ship about the Senator in regard to these matters that I do not and passed. understand. If we are to start out upon another era here wben men connected with the Finance Committee are to be considered PURCHASE OF LANDS FOR LIGHTHOUSE PURPOSES. the leaders of men who are not connected with it, I want to dis­ The bill (H. R. 31066) to authorize the Secretary of Com­ co-rnr it at the eariest possible day. ·merce and Labor to purchase certain lands for lighthouse pur­ Mr. SMOOT. Mr. President, there is no such intention, and poses was considered as in Committee of the Whole. It au­ nothing has been said that the Senator from Idaho could emu thorizes the Secretary _of Commerce and Labor to purchase, construe as an intention of that sort. The bill has been con­ for lighthouse purposes, certain lands adjoining the present site sidered-- of the Big Bay Point Light Station, Mich., and containing 28 Mr. HEYBURN. I have objected to the consideration of the acres, more or less; and to expend therefor, from the appropria­ bill, Mr. President. tion heretofore made by Congress, for " Repairs and incidental The PRESIDING OFFICER. Objection is made. expenses of lighthouses, 1911," not to exceed $1,425, and to take Mr. SMOOT. Mr. President, if it were not for the fact that and record the neces..:ary and proper title papers for said lands. there are other bills on the calendar that ought to be consid­ The bill was reported to the Senate without amendment, or­ ered to-night, I should simpiy move that the Senate take up dered to a third reading, read the third time, and passed. the bill, notwithstanding the objection, but I will not do so. MARY WIND FRENCH. Mr. HEYBURN. Mr. President, tl1e Senate would vote the The bill (H. R. 21965) for the relief of Mary Wind French motion do-w11. was considered as in Committee of the Whole. It' authorizes Mr. SMOOT. I would rather !:ay what the Senate would do the Secretary of the Interior to issue patent to Mary French after its action, but I will not press the matter. (n~e Wind) for the E. i SW. -1 SE. ! sec. 13 and the N. ! The PRESIDING OFFICER. The bill goes over. The Secre· NW. i NE. i sec. 25, T. 27 N., R. 24 E., of the Indian me­ tary will state the next bill on the calendar. ridian, containing 40 acres, and she is empowered a.nd au­ COMPENSATION OF STOREKEEPERS, GAUGEBS, ETC. _ thorized to sell, convey, and alienate the land without restriction. The bill ( H. R. 27837) to amend the provisions of the act of The bill was reported to the Senate without amendment, or­ March 3, 1885, limiting the compensation of storekeepers, dered to a third reading, read the third time, and passed. gaugers, aod storekeeper-gaugers in certain cases to $2 a day, POST OFFICE APPROPRIATION BILL. and for other purposes, -was announced as next in order, and The bill (H. R. 31539) making appropriations for the service the Senate, as in Committee of the Whole, proceeded to its of the Post Office Department for the fiscal year ending June consideration. 30, 1912, and for other purposes, was announced as next in The bill had been reported from the Committee on Finance order. with an amendment, at the top of page 2, to strike out: Mr. PENROSE. Owing to the lateness of the hour, I ask And thereafter storekeepers, gaugers, and storekeeper-gaugers who nre that that bill go over; but I hop~ at a very early date to call assigned to distilleries whose registered capacity is 20 bushels or less it up for the consideration of the Senate. shall receive not to exceed $3 per day for their services. The PRESIDING OFFICER (Mr. KEAN in the chair). The And in lieu thereof to insert : bill goes over. Hereafter storekeepers, gaugers, and storekeeper-gaugers who are as­ signed to distilleries with a registered capacity of 20 bushels or less, or CERTIFIED CHECKS FOR DUTIES ON IMPORTS, ETC. who are assigned to other places where the compensation is less than The bill (H. R. 30570) to authorize the receipt of certified $3 a day, shall receive $3 a day for services. checks drawn on national banks for duties on imports and in­ So as to make the bill read : ternal taxes, and for other purposes, was announced as next in Be it enacted, etc., That the provisions of the legislative, executiv~ and judicial appropriations act for the fiscal year ending June 30, 18 o order. (23 Stat., p. 404), approved March 3, 1885, which limits to $2 per Mr. HEYBURN. I ask that that bill go over, Mr. President. day the compensation of storekeepers, gaugers and storekeeper-gaugers Mr. SMOOT. The bill is a very important one, and I hope assigned to distilleries whose registered capacity1 is 20 bushels or less, the Senator from Idaho will withdraw his objection to it. I be, and the same is hereby, amended so as to read as follows : "Hereafter storekeepers, gaugers, and storekeeper-gaugers who are as­ should like very much to have the bill considered this afternoon, signed to distilleries with a registered capacity of 20 bushels or less, and I think it will not take long to do so. or who are assigned to other places where the compensat\on is less than Mr. HEYBURN. Mr. President, I have left some data, to $3 a day, shall receive $3 a day for services." which I had intended to refer in discussing this bill, at my com­ The amendment was agreed to. mittee room, not expecting that it would be reached to-day. I The bill was reported to the Senate as amended, and the think the bill had better go over. amendment was concurred in. Mr. LODGE. What is the nature of the bill? The amendment was ordered to be engrossed and the bill "to Mr. SMOOT. It is a bill reported from the Committee on be read a third time. Finance authorizing the receipt of certified checks drawn on T_he bill was read the third time and passed. national banks for duties on imports and internal taxes. The objection which the Senator from Idaho made the other day, RELATIVES OF WILLIAM MITCHELL, DECEASED. of course, does not apply to the bill, because of the fact that The bill (H. R. 8699) authorizing the Secretary of War to to-day internal revenue is payable in any kind of money, as are recognize William Mitchell, deceased, as having been a member also customs dues, which are paid in all kinds of money except of Company C, First Regiment Tennessee Volunteer Mounted national bank notes. Infantry, Civil War, was considered as in Committee of the Mr. HEYBURN. That is because of an act which was passed Whole. within the last few years. The bill was reported from the Committee on Military Affairs Mr. SMOOT. The act is-- with an amendment; to strike out all after the enacting clause Mr. HEYBURN. I think I owe it to the Senator to make a and insert : That in the administration of any laws conferring rights, privileges: statement briefly as to why I asked that the bill go over. It or benefits upon the relatives of deceased soldiers William Mitchell shall is as far-reaching as any measure which has been brought into hereafter be held and considered to have been a member of Company C, the Senate in connection with the finances of the United States­ First Regiment Tennessee Volunteer Mounted Infantry, Civil War, from the 25th day of August, 1863, up to his death, which occurred the 18th ns is the finance bill itself. day of September, 1863: Pt·ovided, That no pay, bounty, or other emolu­ Mr. SMOOT. No. ments shall become due or be payable by virtue of this act. Mr. HEYBURN. Yes. It proposes a compJete change. Now, the Senator smiles. That manner of receiving my objection is The amendment was agreed to. not calculated to facilitate the passage· of this bill. My ob­ The bill was reported to the Senate as amended, and the jection is a valid one, and it is based upon an intelligent con­ amendment was concurred in. sideration of this matter. I object to the consideration of the The amendment was ordered to be engrossed and the bill to bill. be read a third time. Mr. SMOOT. · I do not wish to say anything in answer to The bill was read the third time and passed. what the Senator from Idaho has just stated. I did not smile The title was amended so as to read : "A bill for the relief ot at his objection to the consideration of the bill or his inter­ the relatives of William Mitchell, deceased." pretation of the bill, nor do I wish the Senator to look at it in CONVEYANCE OF TITLE TO CERTAIN LOTS IN THE DISTRICT OF that way. COLUMBIA. Mr. HEYBURN. Mr. President, the Senator made the stare. The bill ( S. 9822) directing the Secretary of War to con­ ment that ·what remarks I had made in this matter had no ap· vey the outstanding legal title of the United States to sub- XLYI-158 2502 CONGRESSIONAL RECORD-SENATE. FEBRUARY 14,

lots Nos. 31, &2, and 33 of original lot No. 3, square No. 80, Oliver Perkins Smith, S. C. Warren in the city of Washington, D. C., was considered as in Com­ Overman Rayner Smoot Watson Page Richardson utherland Wetmore mittee of the Whole. It directs the Secretary of War to grant Paynter Root wanson Young to the present occupants of soblots Nos. 31, 32, and 33 of original Penrose Scott Thornton lot No. 3, square No. 80, quitclaim deeds of the legal title of Percy Smith. Md. Warner the United States to those subdivisions, it having appeared that The PRESIDING OFFICER. Fifty-four Senators have an­ the nited States has no interest therein or claim thereto other swered to their names. A quorum of the Senate is present. than a record title resultino- from a failure to comply with the Mr. SCOTI\ Mr. President, I now ask for a vote on my requu·ements of the act of the Maryland Legislature of Decem­ motion. her 19, 1791, relative to the recording. of deeds in the original Mr. LODGE. Mr. President, I make the 'point of order that city of Washington; but the occupants of the lots shall estab­ if the motion -0f the Senator from West Virginia preyail , it lish to the satisfaction of the Secretary of War their titles, sets aside the unfinished business. The unfini hed business is respedively to the premises, saving only the outstanding legal laid tempoi:arily a.side by unanimous consent. That applies to title of the United States. · each bill as it is taken up, l'>ut the moment a motion to take The bill was reported to the Senate without amendment, up another bill is injected and adopted it removes the unfini hed ordered to be engrossed for a third reading, read the third business and substitutes that bill in its place. Of ccu.rse, it is time, and! passed. entirely within the power of the Senate to set aside the un­ INCREASE OF CIVIL AND :MEXICAN W AB PENSIONS. finished business, but I think we ouO'llt to know what we are doing before we enter upon that procedure. The bill (II. R. 29346) granting pensions to certain enlisted Mr. SCOTT. Mr. President, I had no intention whateyer by men soldiers and officers, who served in the Civil War and the my motion of setting aside- the unfin ished business, and r so wru: with l\Iexico. was announced as next in order. stated when I made the motion. I am perfectly willing that the Mr. LODGE. Is that, Mr. Presidenti what is known as the Senator from Idaho should make any motion that he sees Sulloway bill, carrying $55.000,000'2 proper that will keep his joint re <>lution as the unfinished busi­ The PRESIDING OFFICER. The Chair so understands. ness before the Senate, but I do not want any parliamentary M · :LODGE. I ask that it go over. tactics to prevent a straight vote on . t his pen ion bill. I want Mr. SCOTT. I move that the bill be taken up. it distinctly understood that this bill i fer tl'l.e relief of those The PRESIDING OFFICER. The Senator from West Vir­ who offered their lives for this country that we might be here ginia moves that the Senate proceed to the consideration of to-day in legislative session. They are growing old-I have a the bill. . list of them here and some of them are 108 years of age. We :Mr. OVERMAN. l\fr. President, I make the point that there have passed in the last half hour a dozen or fifteen bills carry­ n o is quorum present. ing as much money. perhaps~ as would pay the increase in pen­ Mr. BORAH. Mr. President, does the Senator from West sions ealled for by thi~ bill. Viro'inia understand that the effect of the motion would be to Mr. BAILEY. Mr. President, a parliamentary inquiry. displace the unfinished business now before the Senate? The PRESIDING OFFICER. The. Senator from Texas will Mr. SCOTT. No; I do not want to displace it at all. I do state his parliamentary inquiry. not intend to do that. 1\lr. BAILEY. A parliamentary inquiry, Mr. President. I l\Ir. BAILEY. I imagine I can_ illustrate the legislative status by simply calling for the regular order. If I did, the Chair simply want the question which the Senator from Idaho [Mr. would be compelled to lay before the Senate. the joint resolution Bo&An] propounded to the Senator from West Virginia to ap­ in charge of the Senator from Idaho [1\Ir. BORAH]., and if that pear in the RECOBD, for I was. afraid the Reporter did not catch it. joint resolution were before the Senate, then, obviously, the That parliamentary inquiry is whether the motion of the Senator adoption of the motion to proceed to the consideration of the ii from West Virginia [Mr. SCOTT] would not, adopted, displace bill in charge of the Senator from West Virginia [Mr. ScoTTJ the present regular order~ which is the joint resolution provid­ would displace it. · ing a. constitutional amendment in regard to the election of Senators. - .Mr. CURTIS. l\Ir. President, I do no.t understand the rule The PRESIDING OFFICER. The present. occupant of the to be as stated by the Senator from Texas [lli. BAILEY] on chair understands that by unanimous consent the unfinished the qttestion of considering bills under Rule VIII. If' the regu­ busine was temporarily laid aside for the day, and the motion lar order is temporarily set aside _and the Senate proceeds to would not, therefore, displace the unfinished business. the consideration of another bill, it does not change. the status 1\fr. LODGE. There was no addition of the words "for the of the bill set aside. day." The usual motion was made that the unfinished business '!'he PRESIDING OFFICER. The Chair understands that be laid aside temporarily. I should like to discuss that point of the Senate is proceeding by unanimous consent under Rule VIIL order, for, in my judgment, the moment the motion is agreed to Mr. SCOTT. No; I have moved to take up the bill which it displaces the unfinished business. calls for a vote. Mr. . SCOTT. Mr. President, that question was discussed only Mr. LODGE. Precisely. That changes the whole status. a day to two ago, and it was decided that such a motion, under The PRESIDING OFFICER. The S enat~ by unanimous con· similar circumstances, did not displace the unfinished business. sen.t, is considering bills on the calendar under Rule VIII. I understand the objection of the Senator from Massachusetts Mr. CURTIS. I desire to call attention to this rule: [Mr. Lon&E] is for the purpose of trying to keep this bill from .And the objection may be interp-0sed at any stage of the proceedings, being taken up. Mr. President, hundreds and thousands of these but upon motion the Senate may continu.e uch consideration. old soldiers are dying every year; one of them is dying while How? Just the. same: as though no objection had. been. made, we are standing here on our feet; and yet there are Senators and it does not displace or take the place of. the unfinished here trying to oppose taking up this measure and stating that busine~. So I hope the Senate will vote to consider the Sul­ it adds over $50,000,000 to the pension roll. It ealls for nothing loway pension bill. ()f the kind. The amount of increase under the bill has been Mr. BAILEY. That only means that when the Senate is con­ cut down to $30,000,000, and probably less, as the Senator from sidering the calendar, and a bill on the calendar is reached, Mas achusetts will see if he reads the report on the bill. an objection would put it over under Rule IX. But notwith­ Mr. LODGE. The department estimates it at over $5.5,000.,000. s:tanding that. nbjection, the Senate could proceed to the con­ · Mr. SCOTT. I insist upon my motion, Mr. President. sideration of the bill. However, as I sny, a call for the regular l\fr. OVERMAN. Mr. PI·esident, I rise to a question o! order. order at this stage of the proceeding would inevita.bly bring The PRESIDING OFFICER. The Senator will state his before the Senate the joint resolution in charge of the Senator question of order. from Idaho. l\Ir. OVERl\IAl"'\. The Senator from North Carolina suggested Mr. CURTIS. That is true, I think. the want of a quorum. Mr. LODGE. Undoubtedly. The PRESIDING OFFICER. The Chair did not hear the Mr. CURTIS. I did not nnde1·stand the Senator to make Senator. The Secretary will call the roll. that proposition. The Secretary called the roll, and the following Senators Mr. LODGE. That is the precise point. This is not like the answered. to their names ; mol'ning hour, before 2 o'clock, when the rule the Senator reads ·Bacon Brown Cullom Guggenheim is perfectly correct, and as t& which his statement is perfectly Bailey Burnham Cummins Heyburn Bankhead Burton Curtis Johnston correct. This is hen the regular order is not the calendar. Borah Carter Fletcher Jones The regular order IH>w is the nnfinished' busin.ass, and eve:ry­ Bourne Chamberlain Flint Kean thing we are doing is done by unanimous consent. Each bill is Bradley Clark, Wyo. Foster Lodge Brandegee Crane Gamble Martin up by unanimous consent, and a single demand for the regular Bristow Crawford Gronna Nelson order carries us back to it. 1911. CONGRESSIONAL RECORD-SENATE. 2503

Mr. SCOTT. That is very true. The bill was reached in the Edward Kellogg Dunham, of New York. regular order. It was objected to by the Senator from Massa­ Max Einhorn, of New York. chusetts. Then I moved to take up the bill, and I certainly Ellsworth Eliot, jr., of New York. am entitled to a vote on that. Charles Albert Elsberg, of New York. Mr. BORAH. Mr. President-- John Fredetick Erdmann, of :Kew York. Mr. OVERMAN. I call for the regular order. Eugene Fuller, of New York. Mr. BAILEY. I call for the regular order. Arpad Geyza Charles Gerster, of New York. The . PRESIDING OFFICER. The regular order is de­ Robert Hurtin Halsey, of New York. manded. Forbes Hawkes, of New York. Mr. SCOTT. What is the regular order when I ask for a Frank Hartley, of New York. vote? Before the Chair decides the question I will say that I Graeme Monroe Hammond, of New York. understand it has been circulated in this Chamber that if this Walter Belknap James, of New York. bill is passed it will be vetoed by the President. If there is Smith Ely Je~ffe, of New York. any Senator here who has authority to speak for the Presi- Aspinwall Judd, of New York . . dent and make that assertion, I want him to say so. Frederic Kammerer, of New York. This bill will haunt the Senators who are trying to defeat it; Edward Loughborough Keyes, of New York. mind what I tell you. Arnold Knapp, of New York. The PRESIDING OFFICER. The regular order is the joint Howard Lilienthal, of New York. · resolution providing for the election of Senators by direct vote. Robert Livingstone Loughran, of New York. Mr. SCOTT. What is the regular order? James Francis· McKernon, of New York. Mr. LODGE. The Chair has just announced what it is. Willy Meyer, of New York. The PRESIDING OFFICER. The question is on the joint Samuel James Meltzer, of New York. resolution. John Joseph Moorhead, of New York. Mr. BORAH. I want to say-- Edward Wadsworth Peterson, of New York. Mr. CULLOM. If the Senator from Idaho will allow me, . Godfrey Roger Pisek, of New York. there is very great necessity for an executive session this after­ Eugene Hil1house Pool, of New York. noon, and I move that the Senate proceed to the consideration William Mecklenburg Polk, of New York. of executive business. ' . Sigmund Pollitzer, of New York. Mr. CURTIS. 1\fr. President-- John Broadfoot Rae, of New York. The PRESIDING OFFICER. The Senator from Illinois Thomas Edward Satterthwaite, of New· York. moves that the Senate proceed to the consideration of executive Frederic Ewald Sondern, of New York. business. James Percival Tuttle, of New York. Mr. CURTIS. I have a right to be heard. Frederick Theodore van Beuren, jr., of New York. Mr. LODGE. That is not a debatable motion. George Gray Ward, jr., of New York. Mr. CURTIS. I was on my feet before the motion was . John Elmer Weeks, of New York. made. Julius Hayden Woodward, of New York. The PRESIDING OFFICER. The Chair recognized the Sen­ a tor from Illinois. POSTMASTERS. Mr. CURTIS. And declined to recognize the Senator from ALABAMA. Kansas. Sallie W. Collier to be postmaster at Brundidge, Ala. Office The PRESIDING OFFICER. It was impossible for the became presidential October 1, 1910. Chair to recognize two Senators at once. Florence H. Spears to be postmaster at Pell City, Ala., in Mr. SHIVELY. Had the Senator from Kansas yielded the place of Florence E. Spears, deceased. floor? ALASKA. Mr. BAILEY. He was taken off by the demand for the regular order. Daniel Webster to be postmaster at Treadwe~l, Alaska. The PRESIDING OFFICER. The question is on agreeing to Office became presidential April 1, 1910. the motion of the Senator froin Illinois that the Senate proceed ARIZONA. to the consideration of executive business. John Oscar Mullen to be postmaster at Tempe, Ariz., in The motion was agreed to, and the Senate proceeded to the place of John Oscar Mullen. Incumbent's commission expired consideration of executive business. After 12 minutes spent in January 31, 1911. ·executive session the doors were reopened, and (at 4 o'clock George 0. Nolan to be postmaster at Ray, Ariz. Office be­ and 45 minutes p .. m.) the Senate adjourned until to-morrow, came presidential January 1, 1911. Wednesday, February 15, 1911, at 12 o'clock meridian. ARKANSAS. Ruby Jones to be postmaster at Dermott, Ark., in place of NOMINATIONS. Winniefred Hunsucker. deceased. Executive nominations received by the Senate Febn.tary 14, 1911. CALIFORNIA. COLLECTORS OF CUSTOMS. William P. Taylor to be postmaster at San Rafael, Cal., in Cornelius W. Pendleton, of California, to be collector of cus­ place of Stanley 1\Iorehead. Incumbent's commission expired toms for the district of Los· Angeles, in the State of California. December 19, 1910. (Reappointment.) COLORADO. Henry T. Dunn, of Georgia, to be collector of customs for the B. P. Quaintance to be postmaster at Golden, Colo., in pl.ace of district of Brunswick, in the State of Georgia. (Reappoint­ Robert T. Bunney. Incumbent's commission expired 1\Iay 10, ment.) 1910. SURVEYOR OF CUSTOMS. Clayton Whiteman to be postmaster at Hayden, Colo. Office Henry :U. Hines, of Massachusetts, to be surveyor of customs became presidential January 1, 1911. for the port of Springfield, in the State of Massachusetts. (Re­ CONNECTICUT. appointment.) William B. Bristol to be postmaster at Stratford, Conn., in REGISTERS OF LAND OFFICE. place of William B. Bristol. Incumbent's commission expires William W. Wood, of Nebraska, to be register of the land office February 28, 1911. at .Alliance, Nebr., his term ex.piring February 21, 1911. (Re­ Charles H. Dimmick to be postmaster at Willimantic, Conn.., appointment.) in place of Charles H. Dimmick. Incumbent's commission ex- William Farre, of Oregon,- to be register of the land office at pires February 20, 1911. · Burns, Oreg., his term expiring 1\larch 2, 1911. (Reappoint­ Thomas Walker to be postmaster at Plantsville, Conn., in ment.) place of Thomas Walker. Incumbent's commission expires John C. Denny, of Everett, Wash., to be register of the land February 18, 1911. office at Seattle, Wash., vice J. Henry Smith, term expired. ILLINOIS. APPOINTMENTS IN THE ARMY. Silas H. Aldridge to be postmaster at Plymouth, Ill., in place of Silas H. Aldridge. Incumben,t's commission expired Decem­ MEDICAL RESERVE CORPS. ber 18, 1910. · To ba first lieutenants with rank from February 11, 1911. John C. Beever to be postmaster at Coulterville, Ill., in place - George Emerson Brewer, of New York. of John C. Beever. Incumbent's commission expires February Eugene Wilson Caldwell, of New York. 28, 1911. ' ..

2504 CONGRESSIONAL RECORD-SENATE. FEBRUARY 14,

John W. Black to be postmaster at Brookport, Ill. Office be- Charles E. Kirby to be postmaster at Monroe, Mich., in place came presidential January 1, 1911. · of Charles EJ. Kirby. Incumbent's commission expired Feb- John W. Church to be postmaster at Marissa, Ill., in place of ruary 13, 1911. . John W. Church. Incumbent's commission expired February 28, Wesley T. Smith to be postmaster at Honor, Mich. Office 1907. became presidential January 1, 1911. Thomas l\I. Crossman to be postmaster at Edwardsville, Ill., MINNESOTA. in place of Thomas l\I. Crossman. Incumbent's commission .ex­ pired January 9, 1911. · Frank Hagberg to be postmaster at Winthrop, Minn., in place Victor H. Dumbeck to be postmaster at Silvis, .Ill. Office of Frank Hagberg. Incumbent's commission expires February became presidential January 1, 1911. 28, 1911. Frank Fry to be postmaster at Depue, Ill. Office became presi­ John Lohn to be postmaster at Fosston, Minn., in place of dential January 1, 1911. John Lohn. Incumbent's commission expired January 10, 1911. Charles Scofield to be postmaster at Marengo, Ill., in place of W. J. Stock to be postmaster at Coleraine, Minn., in place of Charles Scofield. Incumbent's commi sion expired January 28, Ellis J. Anderson, removed. 1911. Edward Wilson to be postmaster at Kasson, Minn., in place William W. Taylor to be postmaster at Divernon, Ill. Office of Benjamin A. Shaver, resigned. became presidential October 1, 1909. · MISSISSIPPI. INDIANA. Thaddeus C. Barrier to be postmaster at Philadelphia, Miss., in place of Thaddeus 0. Barrier. Incumbent's commission ex­ Norman T. Jackman to be postmaster at Waterloo, Ind~, in pired January 29, 1911. place of Martin A. Miser. 'Incumbent's commission expires John B. Collier to be postmaster at Leland, Miss., in place of February 18, 1911. John B. Collier. Incumbent's commis ion expired January 29, Cary J. l\IcAnally to be postmaster at Hymera, Ind. Office 1911. . became presidential January 1, 1911. Virginia B. Duckworth to be postmaster at Prentiss, Miss. Fred B. Snyder to be postmaster at Brook~ Ind., in place of Office became presidential January 1, 1911. . l\lorris A. Jones. Incumbent's commission expired February 7, 1911. . Mattie 0. Golden to be postmaster · at Hollandale, Miss. Eli T. Steckel to be postmaster at Atlanta, Ind., in place of Office became presidential January 1, 1911. William A. Phillips, removed. ' MISSOURI. Laron E. Street to be postmaster at Brookston, Ind., in place A. H. Dieterich to be postmaster at Wyaconda, Mo. Office be­ of Laron E. Street. Incumbent's commission· expired January' came presidential January 1, 1911. 8, 1911. Henry Grass to be postmaster at Hermann, Mo., in place of M. Burt Thurman to be postmaster at New· Albany, Incl., in Henry Grass. Incumbent's commission expired April 13, 1910. place of Robert W. Morris. Incumbent's commission expired Joseph Lak~ Sharp to be postmaster at Wellsville, Mo., in January 10, 1911. place of Thomas Sharp. Incumbent's commission expired Janu­ IOWA. ary 30, 1911. Charles H. Hoyt to be postmaster at Fayette, Iowa, in place MONTANA. of Charles H. Hoyt. Incumbent's commission expires March 2, William E. Baggs to be postmaster at Stevensville, Mont., in 1911. . place of William E. Baggs. Incumbent's commission expired KANSAS. February 7, 1911. Lincoln Ballou to be postmaster at Tonganoxie, Kans., in Lottie S. Kimmel to be postmaster at Armstead, Mont. Office place of Lincoln Ballou. Incumbent's commission expires March became presidential January 1, 1911. 2, 1911. NEHRASKA. H. I. Dolson to be postmaster at McCune, Kans., in place of William H. Hopkins to be postmaster at Mea.dow Grove, John l\f. Garvey. Incumbent's commission expired February Nebr. Office became presidential January 1, 1911. 19, 1910. . Carelius K. Olson to be postmaster at Newman Grove, Nebr., Newman Waring to be postmaster at Ottawa, Kans., in place in place of Carelius K. Olson. Incumbent's commission expires of ~ewman Waring. Incumbent's commission expires Febru­ March 1, 1911. ary 2 , 1911. Isaac S. Tyndale to be postmaster at Central ·City, Nebr., ill KENTUCKY. place of Isaac S. Tyndale. Incumbent's commission expires Washington A. Huggins to be postmaster at Cave City, Ky. March 2, 1911. NEW JERSEY. Offic~ became presidential January 1, 1911. LOUISIAN . Emma Cafferty to be postmaster at Allentown, N. J., in place of Charles Cafferty, deceased. 1\1. G. Neuhauser to be postmaster at Slidell, La., in place of A. H. Doughty to be postmaster at Haddonfield, N. J., in Loui a F. Gause. Incumbent's commission expired December place of A. H. Doughty. Incumbent's commission expired Feb­ ll, 1910. ruary 2, 1911. MA.RYLAND. John H. NeYill to be postm.aster at Chrome, N. J., in place John B. Beard to be postmaster at Williamsport, l\fd., in of Louis Sahow, removed. place of John Buchanan, deceased. Truman T. Pierson to be postmaster at Metuchen, N. J., in William C. Birely to be postmaster at Frederick, Md., in place of Truman T. Pierson. Incumbent's commission expires place of Adolphus H. Harrington. Incumbent's commission ex­ February 20, 1911. pired January 10, 1911. NEW MEXICO. Ulysses Hanna to be postmaster at Frostburg, l\ld., in place John Becker to be postmaster at Belen, N. Mex. Office be­ of Ulysses Hanna. Incumbent's commission expires February came presidential January 1, 1911. 28, 1011. John A. Horner to be postmaster at Emmitsburg, Md., in NEW YORK. place of Emma. E. Zimmerman, resigned. John L. Chatfield to be postmaster at Painted Post, N. Y., in William Pearre to be postmaster at Cumberland, Md., in place of Frank C. Wilcox, resigned. place of William Pearre. Incumbent's commission expires John R. Costello to be postmaster at Chittenango, N. Y., in February 28, 1911. place of John R. Costello. Incumbent's commission expired l\Iorris L. Smith to be postmaster at Woodsboro, Md., in February 12, 19ll. place of Morris L. Smith. Incumbent's commission expired L. Grant Goodnough to be postmaster at Cornwall on the January 10, 1911. Hudson, N. Y., in place of L. Gra,nt Goodnough. Incumbent's MASSACHUSETTS. . commission expires February 20, 1911. James F. Shea to be postmaster at Indian Orchard, Mass., in Charles Scott to be postmaster at Fort Pl in, N. Y., in place place of James F. Shea. Incumbent's commission expires Feb­ of Abram Devendorf. Incumbent's commission expires March ruary 20, 1911. 2, 1911. MICHIGAN. J. W~sley Van Tassell to be postmaster at Hopewell Junction, N. Y., m place of J. Wesley Van Tassell. Incumbent's .commis­ Charles H. Bostick to be postmaster at Manton, Mich., in sion expired January 16, 1911. place of Charles H. Bostick. Incumbent's commission expires February 28, 1911. NORTH CAROLINA. Fred A. Hutty to be postmaster at Grand Haven, :Mich., in Vann J'. McArthur to be postmaster at Olinton, N. C., in place plac of Fred A. Hutty. Incumbent's commission expired of Vann J'. McArthur. Incumbent's commission expired Decem- March 21, 1910. ber 19, 1910. 1911. CONGRESSIONAL RECORD-SENATE. 2505

. NORTH DAKOTA.. TENNESSEE• Charles E. Be.st to be postmaster at Enderlin, N. Dak., in Samuel L. Parker to be postmaster at Sparta, Tenn., in place place of Charles E. Best. Incumbent's commission expired Feb- of Samuel L. Parker. Incumbent's commission expired January ruary 4, 1911. · . 19, 1911. George C. Chambers to be postmaster at Churchs Ferry, Noah J. Tallent to be postmaster at Dayton, Tenn., in place of N. Dak., ill place of George C. Chambers. Incumbent's com­ Noah J. Tallent. Incumbent's commission expired December 10, mission expired January 31, 1911. 1910. James L. Green to be postmaster at Sheldon, N. Dak., in TEXAS. place of .Michael B. De la Bere, deceased. Hugo J. Letzerich to be postmaster at Harlingen, Tex. Office Charles G. Klenzing to be postmaster at Wyndmere, N. Dak. became presidential January 1, 1911. Office became presidential October 1~ 1910. David H . .Mitchell to be postmaster at Ovalo, Tex. Office be­ Charles l\farcellus to be postmaster at Forman, N. Dak. came presidential January 1, 1911. Office became presidential January 1, 1911. Arthur N. Richardson to be postmaster at Electra, Tex. Office Percy F . Meharry to be postmaster at Starkweather, N. Dak., became presidential January 1, 1911. in place of Percy F. Meharry. Incumbent's commission expires Wilber H. Webber to be postmaster at Lampasas, Tex., in February 28, 1911. place of Wilber H. Webber. Incumbent's commission expired Robert C. Miles to be postmaster at Ashley, N. Dak., in place January 28, 1911. of Thomas S. Johnstone, resigned. WASHINGTON. Walter P. Osborne to be postmaster at Hunter, N. Dak., iu place of Willis H. Roge1·s. Incumbent's commission expired Fred W. Miller to be postmaster at Oakesdale, Wash., in place January 31, 1911. of Fred W. Miller. Incumbent's commission expired June 11, Walter .A.. Shear to be postmaster at Sentinel Butte, N. Dak. 1910. . Office became presidential January 1, 1911. Emery Troxel to be postmaster at Connell, Wash., in place of William H. Stevens to be postmaster at Wimbledon, N. Dak., Emery Troxel. Incumbent's commission expired May 7, 1910. in place of William H. Stevens. Incumbent's commission ex­ Luther S. .Montgomery to be postmaster at Montgomery, pired December 11, 1910. W. Va., in place of Charles Edwards. Incumbent's commission expired January 12, 1911. OHIO. WISCONSIN. Alli on B. Cline to be postmaster at Frankfort, Ohio. Office became presidential January 1, 1911. Alexander Archie to be postmaster at Waterloo, Wis., in Uriah J. Favorite to be postmaster at Tippecanoe City, Ohio, place of Alexander Archie. Incumbent's commission expired in place of Uriah J. Fa-vorite. Incumbent's commission expired January 31, 1911. January 29, 1911. A. B. Chandler to be postmaster at Beaver Dam, Wis., in OKLAHOAil. place of Thomas Hughes. Incumbent's commission expires Feb­ ruary 28, 1911. Harry Jennings to be postmaster at Claremore, Okla., in place l\fildred Smith to be postmaster at Withee, Wis. Office be­ of Harry Jennings. Incumbent's commission expired January en.me presidential January 1, 1911. 20, 1909. Joseph V. Martin to be postmaster at Lone Wolf, Okla., in • place of Joseph V. Martin. Incumbent's commission expired CONFIRMATIONS. 31 1911 JanuaryCalvin S.• Ward· to be postmaster at Roose\elt, Okl.a. Office Executi'l:e nmninations confinned by the Senate February 14, 1911. became presidential January 1, J910. SURVEYORS OF CUSTOMS. PENNSYLVANIA. Lincoln .Mitchell to be surveyor of customs for the port of Abel H. Byers to be postmaster at Hamburg, Pa., in place of Cincinnati, Ohio. Luther C. Warner to be surveyor of customs for the port of Abel H. Byers. Incumbent's· commission expired Jf'ebruary 11, £llbany, N. Y. . 1911. Jesse B. Conner to be postmaster at Overbrook, Pa., in place ASSISTANT . SURGEON PuBLIC HEALTH AND MARINE-HOSPITAL of Solomon S. Ketcham. Incumbent's commission expired SERVICE. March 1, 1910. Asst. Surg. Robert A. Herring to be passed assistant surgeon Samuel V. Dreher to be postmaster at Stroudsburg, Pa., in in the Public Health and l\farine-Hospital Ser-vice. place of John T. Palmer. Incumbent's commission expired February 13, 1911. REGISTERS OF LAND OFFICE. J. W. Grimes to be postmaster at Claysville, Pa., in place of William F. Haynes to be register of the land office at Water­ Samuel H. Jackson. Incumbent's commission expired January ville, Wash. 22, 1911. John W. Price to be register of the land office at Douglas, Augustus l\f. High to be postmaster at Reading, Pa., in place Wyo. of Augustus M. High. Incumbent's commi sion expires Feb­ - RECEIVERS OF PUBLIC MONEYS. ruary 25, 1911. Alfred C. Steinman to be receiver of public moneys at ~orth Elizabeth Hill to be postmaster at EYerson,. Pa. Office be­ Yakima, Wash. came presidential January 1, 1911. . Lucius B. Nash to be receiver of publit! moneys at Spokane, William W. Latta to be postmaster at California, Pa., in Wash. place of Norman K. Wiley. Incumbent's commission expired John Edward Shore to be receiver of public moneys at Water- April 6, 1910. ville, Wash. · Edwin R. Miller to be postma.ster at Republic, Pa. Office be­ came presidential January 1, 1911. Samuel Slaymaker to be receiYer of public moneys at Douglas, Willi.am J. l\finnich to be postmaster at Bedford, Pa., in place Wyo. of John Lutz. Incumbent's commission expired March 2, 1907. POSTMASTERS. Joseph W. Pascoe to be postmaster at Ea.ston, Pa., ;in place CALIFORNIA. of Orrin Serfa.ss. Incumbent's commission expires February 25, George D. Cunningham, Ri\crside. 19ll. . Felix L. Grauss, Calistoga. Thomas l\forgan Ileese to be postmaster at Canonsburg, Pa., Eri Huggins, Fort Bragg. in place of J. L. Galbraith. Incumbent's commission expired Orlando J. Lincoln, Santa Cruz. December 11, 1910. Willi.am A. Price, Redwood City. James P. Shillito to be postmaster at Burgettstown, Pa., in Josephine Priest, Fowler. place of Edwin G. McGregor. Incumbent's commission expired Paul Schafer, Oakland. April 12, 1910. Linn L. Shaw, Santa Ana. W. F. Sparks to be postmaster at Glassport, Pa., in place of John W. Short, Fresno. Rosella M. Russell. Incumbent's co~mission expired January William L. William.s, Madera. 22, 1911. SOUTH DA.KOT.A. COLORADO. Fred de K. Griffin to be postmaster at Selby, S. Dak., in place B. P. Quaintance, G-0.lden. of Fred de K. Griffin. Incumbent's commission expires Febru­ IOWA. ary 18, 1911. Oscar McCrary, Keosauqua. 2506 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 14,

KANSAS. l\Ir. BARTLETT of Georgia. From what time, may I ask C. M. Heaton, Lincoln. the gentleman? Thomas L. Hogue, Olathe. l\fr. McCALL. From the time the bill shall have been acted NEBRASKA. upon by the House; say fi-re legislative days. William Cook, Hebron. · l\Ir. l\f.ANN. Was not that agreed to last ntght? Edward G. Hall, David City, Mr. l\IcCALL. No; it was objected to. Lew E. Shelley, Fairbury. The SPEAKER. The gentleman from l\fassachusetts [l\fr. Clarence E. Stine, Superior. McCALL] asks unanimous consent that all l\fembers may ha>e leave to print on the pending bill, H. R. 32216, for five legisla­ NORTH DAKOTA, tive days from the time the bill shall have been acted upon by H. F. Irwin, Tioga. the House. OKLAHOMA. l\Ir. MANN. l\Ir. Speaker, I suggest to the gentleman from Noah S. Costelou, Heavener. Massachusetts that he make it a little longer than five days, Carlos C. Curtis, Cordell. because the bill may not pass for a day or two. A. l\l. .Myers, Lexington. l\Ir. l\IcCALL. Then, Mr. Speaker, I suggest se>en legislati>e days instead of five. OREGON. l\Ir. OLCOTT. Why not say " to the end of the session? " Ileber G. Allen, Silverton. Mr. McCALL. I a·m willing to make it 10 days, unless there Robert C. Mays, Elgin. is objection. John M. Parry, l\Ioro. The SPEAKER. Ten days is now suggested by the gentle­ Andreas L. Sproul, Ontario. man from Iassachusetts [Mr. l\.IcCALL]. James S. Van Winkle, Albany. l\lr. McCALL. I would modify my request and make it 10 PENNSYLVANIA. days. ' Ada U~ Ashcom, Ligonier. The SPEAKER. Is there objection to the request to extend William A. Boyd, Sandy Lake. the time for 10 legislative days after the bill is dispo ed. of by William W. Wren, Boyertown. the House, during which all Members of the House may print? Mr. BOEHNE. Mr. Speaker, I reserve the right to object. I RHODE ISLAND. presume leave to print would be applicable only to Members James T. Caswell, Narragansett Pier. asking leave to print and who would confine themselves to the George E. Gardner, Wickford. discussion of the bill under consideration. SOUTH CAROLINA. The SPEAKER. No; it would apply to all. Charles H. Hicks, Laurens. Mr. l\IcCALL. Every Member of the House on the pending bill. WASHINGTON. Mr. BOEHNE. But to confine themsel-res to the pending bill? Charles 1\IcKinnon, Black Diamond. l\fr. l\fcCALL. Yes; to the pending bill. Daniel C. Pearson, Stanwood. The SPEAKER. Is there objection? [After a pause.] The Fremont A. Tarr, Montesano. Chair hears none. Frank R. Wright, South Bend. Mr. GARDNER of , .Massachusetts. Mr. Speaker, a. parlin­ mentary inquiry. The SPEAKER. The gentleman from Massachusetts will HOUSE OF REPRESENTATIVES. state it. Mr. GARDNER of Massachusetts. Mr. Speaker, would it be T UESDAY, February 14, 1911. in order at this time to mo-ve that on to-morrow we could not pro­ ceed with calendar Wednesday? And if that motion were car­ The House met at 11 o'clock a. m. ried by a two-thirds vote, should we be enabled to go on with Prayer by the Rev. E. E. Marshall, pastor of North Capitol this bill to-morrow? Methodist Episcopal Church, Washington, D. C. Mr. :MA.1~. Why, certainly. The Journal of the proceedings of yesterday was read and l\Ir. GARDNER of Massachusetts. The question is whether appro>ed. we can do it at this time. . RECONSIDERATION OF TWO SENATE BILLS, l\fr. MANN. Oh, no. Mr. :MANN. Mr. Speaker, yesterday the House passed two The SPEAKER. The Clerk will read the rule. Senate bills under a misapprehension. A bill similar to one of The Clerk read as follows: them had already been passed by the House and sent to the 4. On Wednesday of each week no business shall be in order except Senate. The bills referred to are Senate bills 10410 and 10757. as provided by paragraph 4 of Rule XXIV, unless the House by a two· thirds vote on motion to dispense therewith shall otherwise determine. I move to reconsider the vote by which the bills were passed. On such a motion there may be debate not to exceed five minutes for and The SPEAKER. The gentleman from Illinois asks unani­ against. mous consent to reconsider the vote by which the two bills in The SPEAKER. In answer to the parliamentary inquiry, it question were .passed. The Clerk will read the titles of the bills. seems to the Chair that sufficient unto the day is the evil or The Clerk read as follows : good thereof; and when to-morrow comes the House, under that A bill (S. 10410) to authorize the Pensacola, Mobile & New Orleans rule, can take such action as it may see proper to take; but it Railway Co., a corporation existing under the laws of the State of Ala­ bama to construct a bridge over and across the Mobile River and its occurs to the Chair that a stream can not be crossed until you navigable channels on a line opposite the city of Mobile, Ala. come to it. A bill (S. 10757) to amend an act entitled "An act permitting the l\Ir. GARDNER of Massachusetts. There was so much dis­ building of a dam across the Mississippi River at or near the village of Sank Rapids, Benton County, Minn.," approved February 26, 1904. turbance that I could not hear the words of the Chair. The SPEAKER. In the opinion of the Chair it is not in order Mr. l\I.ANN. I ask unanimous consent, Mr. Speaker, tb,at all to-day, by unanimous agreement or by motion, to dispense with action on the bills be canceled and that the bills be returned calendar Wednesday, which would be to-morrow. to the Speaker's desk. . l\Ir. DALZELL. l\fr. Speaker, I ask unanimous consent that The SPEAKER. The gentleman from Illinois asks unani­ the time for general debate may be equally divided between the mous consent that the action taken on these bills as shown by advocates and the opponents of the bill, and that the gentle­ the Journal be abrogated. Is there objection? man from Massachusetts [Mr. McCALL] control one half the There was no objection. time and I control the other. RECIPROCITY WITH CAN ADA. The SPEAKER. Is there objection to the request? l\fr. McCALL. .Mr. Speaker, I ask unanimous consent that if There was no objection. House bill 32216 is undisposed of on this legislative day, the Mr. McCALL. Mr. Speaker, I move that the House resol-re House may proceed with its consideration to-morrow. I make itself into the Committee of the Whole House on the state of that request with the acquiescence of gentlemen. who are op­ the •Union for the further consideration of the bill (H. R. posed to the bill as well as some who are in favor of it. 32216) to promote reciprocal trade relations with the Dominion l\fr. .MACON. l\Ir. Speaker, I object to that kind of an of Canada, and for other purposes. arrangement myself. The SPEAKER. The gentleman from Massachusetts moves The SPEAKER. Objection is made. The Chair is not sure that the House resolve itself into the Committee of the Whole that it can be dispensed with except by a two-thirds vote. House on the State of the Union for further consideration of l\Ir. McCALL. l\fr. Speaker,· I made a. request last night for the bill indi ca ted. unanimous consent that all Members have leave to print on 1\Ir. DWIGHT. Mr. Speaker, I make the point that there is

the pending bill, H. R. 322161 for five legislativ_e days. no quorum present.