1922. OONGRESSIO.f. AL .RECORD-HOUSE. 12345
The message further announced that the mmse a~reed to PENNS"YI.VANI.A.. the report of tbe committee of conference on the disagreeing Lawrence G. Welle~, Becht-elsville. ote;" of the two Houses on the amen4ments of the Senate to AJ.·thnr R. Lovell, ·Blandburg. the bill (H. R. 10248) authorizing the sale of ~urplns pow-er E"Verett E. McBride, Dravosburg. Luhring Nolan Rouse Ten Eyck Lyon O'Brien Rucker . Thompson Seventh. He has failed to prosecute defendants legally in McArthur Old.field Saba th Tincher dicted for crimes against the people. McDuffie Olpp Sanders, N. Y. Tinkham l\!r. Speaker, from all prece.dent in impeachment cases, the McLaughlin, Pa. Overstreet Schall Underh111 McPherson Paige Scott, Mich. Upshaw House can not refuse to consider an impeachment brought Mcswain Parker, N. ¥.1 Sears Vare publicly and seriously on the floor of this Chamber against a MacGregor Patterson, -~. J. Shaw · Volk public official. Maloney Perkins Shelton Walters Mann Perlman Sisson Ward, N. Y. I offer, therefore, the following resolution and am prepared Mapes Petersen Slemp Ward, N. C, to appear before a committee of the House, there to produce Mead Porter Smith, Mich, Wason evidence and witnesses in proof of my charges. Michaelson l>ou Snell Webster Michener Pringey Stafford White, Kans. .Mr. Speaker, I offer this resolution, and I would like to have l\Iiller Radcl.lft'.e Steenerson White, Me. the Clerk read it. Mills Rainey, Ala. Stevenson WUllamson Montague Rainey, Ill. Stlness Wise The SPEAKER. The gentleman from Minnesota offers a Mon toy a Raker Stoll Wood, Ind. resolution which the Clerk will report. Morin Ransley Strong, Pa. Woodrun: The Clerk read as follows: Mott Reber Suillvan Woods, Ya. Mudd Rhodes Summers, Wash. Woodyard House Resolution 425. Nelson, Me. Riordan Sweet Wright Whereas impeac.hment of Harry M. Daugherty, .Attorney General Nelson, A. P. Robertson · Tague Wurzbach of the United States, has been made on the tloor of the House by Nelson, J. M. Rogers Taylor, N. J. Zihlman the Representative from the fourth district of Minnesota: Be it Newton, Mo. Rossdale Temple Resowe The SPE.AKER. The Chair does not think he could unless S. 3862. An act fixing the rank of the officer of the United be had made his motion. States Army in charge of public buildings and grounds; Mr. WINGO. The gentleman had made it. And the protest S. 2595. An act for the relief of Lewis Myshrall ; ls not so much with reference to this instance, but a man in S. 3617. An act to fix the salaries of the auditor and deputy any solemn proceeding like it could be taken off the :floor auditor of the Philippine Islands; while making rerious charges. S. 3202. An act for the relief of Dr. C. Le Roy Brock; The SPEAKER. The gentleman made a motion for the dis· S. 3614. An act relating to the official bond of the United position of the matter and thereupon the gentleman from States marshal for the southern judicial district of the State Wyoming [Mr. MONDELL] made another motion, and upon that of New York; the previous question was ordered. S. 3633. An act to authorize the coinage of a 50-cent piece in The question is on the motion of the gentleman from Wyo· commemoration of the one hundredth anniversary of the birth ming for the previous question. of the late President Rutherford Burchard Hayes at Delaware, The question was taken, and the previous questi9n was or· in the State of Ohio; dered. S. 3048. An act for the relief of L. D. Riddell and George W. The SPEAKER. The question is on the motion of the gen· Hardin, trustees of Milligan College, Tenn. ; tleman from ·Wyoming to refer the resolution to the Committee S. 3611. An act authorizing and directing the Secretary of War on the Judiciary. to abrogate a contract lease of land and water power on the The motion was agreed to. Muskingum River; Mr. KELLER. Mr. Speaker, I again ask unanimous consent to addre s the House for 10 minutes. S. 3570. An act for the relief of the United Dredging Co.; The SPEAKER. The gentleman from Minnesota asks unanl· S. 2960. An act for the relief of Arthur A. Padmore; mous consent to address the House for 10 minutes. Is there S. 3424. An act to provide for the reclamation of the United objection? States Military Reservation, Fort De Russey, Honolulu, Hawaii; l\Ir. KEARNS. Mr. Speaker, I object. However, I withhold S. 2294. An act to confer jurisdiction upon the Court of Claims it for a moment in order to ask the gentleman on what subject to ascertain the cost to the Alaska Commercial Co., a corpora he wishes to address the House? tion, and the amount expended by it from November 5, 1920, Mr. KELLER. On the impeachment proceeding. to April 18, 1921, in repairing and rebuilding the wharf belong Mr. KEARNS. I object. ing to said company at Dutch Harbor, Alaska, which wharf was damaged and partially destroyed on or about November 5, MESSAGE FROM THE SENATE. 1920, through collision therewith of the U. S. S. Saturn, A message from the Senate, by Mr. Craven, its Chief Clerk, United States Navy, and to render judgment therefor; announced that the Senate had passed bills of the following S. 3419. An act for the relief of James B. Fitzgerald; titles, in which the concurrence of the House of Representatives S.163. An act for the relief of Francis L. Flanders; was requested : S. 162. An act for the relief of Sarah Shelton ; S.1282. An act for the relief of the estate of John Stewart, S. 528. An act for the relief of the widow of Rudolph H. von deceased; Ezdorf, deceased ; S. 3169. An act to equalize pensions of retired policemen and S. 3738. An act authorizing the Court of Claims of the United firemen of the District of Columbia, and for other purposes; States to hear, determine, and render final judgment in the S. 2140. An act to authorize the Secretary of the Interior to claim of Elwood Grissinger; issue patent in fee simple to the University of Arizona, State S. 3890. An act to amend an act entitled "An act for making of Arizona, of Tucson, Ariz., for a certain described tract of further and more effectual provision for the national defense, land; and for other purpo es," approved June 3, 1916, as amended S. 3472. An act to amend an act entitled "An act for the re by the act of June 4, 1920; tiI·ement of employees in the classified civil service, and for S. 2582. An act for the relief of George Hewitt l\Iyers; other purposes," approved May 22, 1920; S. 3609. An act for the relief of F. J. Belcher, jr., trustee for S. 3356. An act to commission Capt. · William Rees Rush as Ed Fletcher; a rear admiral on the retired list of the Navy; S. 2610. An act in reference to writs of error ; S. 3918. An act to amend section 51 of chapter 4 of the S. J. Res.169. Joint resolution authorizing the Secretary of Judicial Code ; the Navy to receive for instruction at the United States Naval S. 470. An act for the relief of Emma Kiener ; Academy at Annapolis, l\lr. Willem van Doorn, a subject of the S. 2262. An act for the relief of Franklin A. Swen on; Netherlands ; S. 2794. An act for the relief of Rosa E. Plummer; - S. 685. An act to remove the charge of desertion from the S. 3540. An act fixing the fees of the examining surgeons in military record of Albert F. Smith, deceased; the Bureau of Pensions; S. 3413. An act for the relief of the city of New York; S. 2854. An act for the relief of Oakley Randall ; S. 463. An act for the relief of Charles Hurst ; S. 3709. An act to provide for an examination and report on S. 3118. An act for the relief of Herbert E. l\feilstrup; the condition and feasibility of a reclamation project at Hope, S. 3630. An act to amend an act entitled "An act to amend an Eddy County, N. l\Iex. ; act entitled ' An act for making further and more effectual pro S. 3780. An act authorizing a credit in certain accounts of iVision for the national defense, and for other purposes,' approved the Treasurer of the United States; June 3, 1916, and to establish military justice," approved June S. 375. An act for the relief of Louis Leavitt; 4, 1920; S. 2083. An act to regulate the practice of undertaking and em S. 171. An act to extend the provisions of the act of May 11, balming in the District of Columbia, and to safeguard the public 1912; health; S. 2568. An act to amend section 196 of the Code of Law for S. 3448. An act to validate an agreement between the Secretary the District of Columbia; of War, acting on behalf of the United States, and the Wash- S. 3704. An act to amend an act entitled "An act making ington Gas Light Co. ; · appropriations for the support of the Army for the fiscal year S. 34.83. An act to authorize the Commissioners of the District ending June 30, 1922, and for other purposes"; of Columbia to appoint as special policen:;ien such District em S. 3710. .An act regulating the allotments heretofore paid to ployees as they may deem necessary for the protection of prop ·designated allottees ; erty of the District of Columbia, and for other purposes ; S. 3350. An act for the relief of Alice M. Gorman ; S. 3154. An act for the relief of Cl. M. Reives; S. 3351. An act for the relief of G. Dare Hopkins ; S. 3235. An act validating certain applications for and entries S. 2580. An act for the relief of Michael Sweeney; of public lands ; . S. 3632. An act to amend section 128 of the Judicial Code, S.1672. An act for the appointment of William Edward Tid ~la ting to appeals in admiralty cases; well as first lieutenant in the United States Army; S. 3702. An act providing for the acquirement by the United S. 99. An act to correct the military record of Edgar Durfee; States of privately owned lands situated within certain town S. 3565. An act relating to the collection of taxes in the Dis ships in the Lincoln National Forest, in the State of New trict of Columbia; Mexico, by exchanging therefor lands on the public domain also S. 3461. An act to amend the act of February 28, 1920, so as to within such State; authorize the acquiSition of additional land and the disposition S. 3799. An act for the relief of Louis A. Hogue; of certain lands already acquired at Camp Knox, Ky.; S. 3800. An. act for the relief of C. Pateras & Sons and S. 3279. An act to provide for the payment of one-half the cost C. Lemos, owners of the Greek steamship Cotiatantinoa of the construction of a bridge across the San Juan River, Pateras; N. Mex.; · LXll-779 , CO GRESSION AL REOORD--HOUSE: . SEPTEl\IBER· 11, S. 2714 .- An act for the impro"\Tement of a wagon roa The message also announced that the Senate had insisted amendments, and agree to the conference requested by the Sen upon its amendments to the bill (H. R. 5214) granting pen ate. The Clerk will report the bill by title. sions to certain soldiers and sailors of the Regular Army and The Clerk read as follows; Navy and certain soldiers and sailors of wars other than the A bill (R. R. 12377) to establish a commission to be known as Civil War and to widows of such soldiers and sailors, had re the United States Coal Commission for the purpose of securing infor quested a conference with the House thereon, and had ap mation jn connection with questions relative to interstate commerce pointed Mr. BURSUM, .Mr. l\IcCUMBER, and l\ir. w ALSH of Mon in coal, and for other purposes. tana as the conferees on the part of the Senate. The SPEAKER. Is there objection? The me sage also announced that the Senate had passed, . ~r ..LONDON. Mr. Speaker, reserving the right to object, with amendments, bills of the following titles, in which the is it m order to make a motion to concur in the Senate concurrence of the House of Representatives was requested: amendinents? H. R. 9275. An act for the relief of Frances Kelly ; The SPEAKER. This is a unanimous-consent request, and H. R. 7053. An act to grant certain lands to the city of the matter is only before the House so far by unanimous Canon City, Colo., for a public park; consent. Therefore it would not be in order now. H. R. 2722. An act for the relief of W. W. McGrath; Mr. LO:N_DON. .May I ask the Speaker if, when it is in such H. R. 3034. An act for the relief of Lizzie Askeli ; condition, I may be recognized for that motion? H. R. 5918. An act for the relief of the Michigan Boulevard The SPEAKER. The Chair sees only one way that the Building Co. ; gentleman can do it. The Chair does not see how he could H. R. 6929. An act for the relief of Horace E. Walker ; consent conditionally, but the Chair thinks the gentleman H. R. 7967. An act granting certain lands to Escambia County, could obtain the same relief my moving to instruct the con- Fla., for a public park; ferees. · H. R. 8073. An act for the relief of Kineo Trust Co. ; l\Ir. MOORE of Virginia. Mr. Speaker, reserving the right H. R. 8173. An act for the relief of Mrs. E. H. Jack on ; to object, I "'.'Ould like to ask the gentleman from .Massachusetts H. R. 9275. An act for the relief of Frances Kelly ; to i~dicate what are supposed to be the real questions in con H. R. 10672. An act to amend the act of July 24, 1919, entitled troversy, if there is any controversy. I do not ask the gentle "An act making appropriations for the Department of Agricul man to discuss anything immaterial, but questions that he con ture for the fiscal year ending June 30, 1920"; siders material. H. R.11212. An act to amend an act entitled "An act for the Mr. WINSLOW. There are a number of them. The ques retirement of employees in the classified civil service, and for tion propounded by the gentleman from Virginia is a perfectly other purposes " ; natural and orderly one, but in view of the considerable cut-up H. R. 243. An act providing for the construction of a ·spill of the bill on the part of the Senate, it is a difficult matter to way and drainage ditch to lower and maintain the level of explain. Lake Andes, S. Dak.; Mr. MOORE of Virginia. I may say to the gentleman that H. R. 7912. An act to provide a method for the settlement of I do not care about the matter of controversy, but he knows claims arising against the Government of the United States in what are the substantial questions at issue. sums not exceeding $1,000 in any one case ; Mr. WINSLOW. One of the particular questions is a modi· H. R.10419. An act validating certain applications for and fication of the number of commissioners from nine to firn. entries of public lands ; Another one is the separate report to cover the anthracit6 H. Con. Res. 66. Concurrent resolution to provide for the ex business as contra ted ~ith coal and fuel business. termination and banishment of insects from the House Office Then comes a suggestion as to different dates of making re Building, the Capitol, and the Senate Office Building; ports. The amount of money to be appropriated to meet the PE -sroNS. expenses Of the work is reduced from $300,000 to $100,000, and Mr. FULI,ER. Mr. Speaker, I ask unanimous consent to there are other matters of no great importance. If the gentle take from the Speaker's table H. R. 6507, an omnibus pension man, would like to look at this for a moment I shall be bill, disagree to all the Senate amendments. and agree to the pleased to show it to him. conference asked by the Senate. Mr. MOORE of Virginia. I had assumed that perhaps the The SPEAKER. The gentleman from Illinois asks unani most fundamental question is the question as to whether the mous consent to take from the Speaker's table and disagree inquiry shall extend to the proposed nationalization of the coal to Senate amendments and agree to the conference asked for, industry. a bill, which the Clerk will report by title. .Mr. WINSLOW. Yes. That is here, and it should be em- The Clerk read as follows: phasized. It makes it a very different proposition. The SPEAKER. Is there objection? A bill (H. R. 6507) granting pensions and increase of pensions to certain soldiers and sailors of the Civil War and certain widows and There was no objection. dependent children of soldiers and sailors of said war. Mr. LONDON. Now, Mr. Speaker, I ask that the conferees The SPEAKER. Is there objection? when appointed be instructed to concur in the Senate amend Mr. GARNER. Mr. Speaker, reserving the right to object, ments. if I recall, in looking over the proceedings in the Senate, they The SPEAKER. The gentleman from New York moves that took one of the House bills and put in a lot of Senate bills as the conferees when appointed be instructed to concur in the amendments, and then put in general amendments applying to Senate amendments. The question is on agreeing to that the pension system of the country. I do not know whether the motion. minority members of the Pension Committee have been con The question was taken, and the Speaker announced that sulted as to sending this to confe),'ence or not, but it is a mat the "noes" seemed to have it. ter of importance in sending bills to conference that have in l\Ir. LONDON. Mr. Speaker, I ask for a division. them provision~ which affect the general pension policy of the The SPEAKER. The gentleman from New York asks for a country. I would like to ask the gentleman to withhold his division. request until I can talk with some of the Democratic members The House divided; and there wer~ayes 7, noes 117. of the committee. So the motion was rejected. Mr. FULLER. All the Democratic members who are in the The SPEAKER. The Chair appoints the following conferees city-two, I think-were at the meeting this morning, and it on the part of the House: l\fr. WINSLOW, Mr. HocH, and hlr. was unanimously agreed to .take this course. The Senate had BARKLEY. eight of our bills, and they put them all in one omnibus bill, DISTRIBUTION AND SALE OF COAL. · and included also some Senate bills. Mr. Wll~SLOW. .Mr. Speaker, I ask unanimous consent to The SPEAKER. Is there objection? [After a pause.] The take from the Speaker's table the bill H. R. 12472, with Senate Chair hears none. amendments, disagree to the Senate amendments, and agree to The SPF~R appointed the following conferees: Mr. FUL th-e request of the Senate for a conference. LER, Mr. BLAND of Indiana, and Mr. DAVIS of Tennessee. The SPEAKER. The gentleman from Massachusetts asks COAL FA.CT-FINDING COMMISSION. unanimous consent to take from the Speaker's table the bill Mr. WINSLOW. Mr. Speaker, I ask unanimous consent to H. R. 12472, witll Senate amendments, disagree to the Senate take from the Speaker's table the bill H. R. 12377, with Senate amendments, and agree to the request of the Senate for a con amendments, disagree to the Senate amendments, and agree to ference. The Clerk will report the bill by title. the conference requested by the Senate. The Clerk read as follows: The SPE~R. The gentleman from Massachusetts asks A bill (H. R. 12472) to declare a national emergency to exist in the production, transportation, and distribution of coal and other fuel, unanimous consent to take from the Speaker's table the bill granting additional powers to the Interstate Commerce Commission, H. R. 12377, with Senate amendments, disagree to the Senate providing for the appointment of a Federal fuel distributor, providin' .JmNGRESSIONkL .RECORD-ROUSE. . SEPTEMBER . tor the deC'larati than , to .'January 21, 1924. The termination ·.of .the act on is made to · fill such a -vacancy· occurring within 1 two years a ~ Jul y 1, ... 1923, appears to .carry with it · the eliminati?D .of the -vacancy thereafter occurring 1in said o'"ffice $hall ·not be tilled right of the ..P.l·esident to bring it up to the rest of the unex- .unle s Oongress ,shall so ·provide: Provided, · 1towooet·, '"Thnt in pired period. . case a vacancy occ11rs in the district•Of New Mexico·at·anytime These are the.important.features, hut there ·1s a.great deal of :ifter the-passage of this act, there-shall thereafter be but one phrasing of a ili.ffer.ent kind bu.t ~n<:Ji to the·.same purpo e. ·judge for •said district until otherwise-prITT'ided by law. :The SPEAKER. Is there obJec.tion? . . " Every judge shall reside in the district or circuit -OT one ot Mr. GARNER. - ~fr. Speaker, may I make an .mqmry of the the clistricts·oi.. ·circuits for which•he is appointed. gentleman from i\fa S1achusetts? "SEc. . 2. It shall ··be the duty of the Chief Justice··of •the l\l.r. WIN.SLOW. .Ye , indeed. United States, or in case of his disability, of one· of ·the +.-Other l\Ir . .GARNER. I am _advised from the ?ffice o~ the gentle- ·justiees of the ·Supreme Court, in order of 'their seniority, as man from-Kentucky.[l\fr. BAB.KLEY] that he is now m Kentucky. ~ soon ·as may be after the passage of this ·act, and r:anuually As. I understand .it yon are .going to work as confe~ees to-day thereafter, to summon to a conference on ·the last "Man.day ·in or to-morrow. ·· 1 · a.sk that the .next member ranki!1g on the September, at Washh1gton, D. · C., or at such other time :and committee be ub titutea for th~ .gentleman from ·Kentucky, place in the United States as the Ohief J'ustice, or, in case not only in this conference but in the. other one.also. _ of his disability, any of said justices in ·order of their consent that the next ranki.Dg .minority member on ·the. com- 1judge thus summoned to attend said conference, and to re mittee. be ub tituted .in place.of the,gentleman from Kentuck7 main throughout its proceedings, unless excused l;>y · the Chief [Mr. BARKLEY]. Will the gentleman sugge t the name? Justice, ..and to advise as to the needs of his circuit and as to :\Ir. GARNER. Mr. RAYBURN .is the next one: . any matters in respect of which the administration of justice The SPEAKER. That Mr. RAYBURN be appomted mstead of in the courts of the United States may be improved. Mr. BABKLEY. Is there .objection? " The senior district judge of each United States district There was no objection. court, -on or before the 1st. day -Of ·August in each yeai~, . shall The • 'PEAKER. The Chair -will.appoint as confere~s on the prepare and .submit to tile 1senior circuit judge of .the judicial p·art of the.House l\lr. WINSLOW and Mr. NEWTON of Minnesota; circuit in which said district is situated a -r~port setting and ~fr. RAYBURN on both bills. forth the condition of business in said district. court, including •ADDITIONAL , FEDERAL JUDGES--CONFERENCE REPORT. the number and character of cases on the-docket, the business in arrears, .and-cases disposed .of, and such other facts perti· Mr. VOLSTEAD. M.r. Speaker, 1 call up the conference re . .nent to the business dispatched : and , pending as said di.strict port on the bill (H. R. 9103) for the appointment of additional judge may deem proper, together with recommendations · s district judO'e for certain courts of the United States, to pro to theMneed of .additional judicial assistance for . the. dispnsal Tide for annual conferences of certain judges of United States .of business for the .year ensuing. ·Said reports shall be laid courts, to authorize the designation, assignment, and appoint . before the conference herein ,provided by said -senior circuit • .ment of judges outside .their districts, and for other pu~po~es, judge, or, in his absence, . by the judge representing the cir and ask unanimous consent that the statement be read m lieu cuit at the conference, together with such recommendations of the •report. as he may· deem proper, The SPEAKER. The gentleman from Minnesota -asks unani "The Chief Justice, or, in his absence, the senior Associate .mou .consent that the .statement be-read in lieu of the report. Justice shall be . the· presidirig ,offieer "Of tbe conference. ·Said Is there objection? confer~ee - .shall make a .comprehensive survey of the condi· There was no objection. tion of business in the court.s .ot the United States and . pr.e· The "tatemenLaccoropanying the conference report was read. ipare ,plans .for assignment •and tran fer . of judges to or fro~ circuits or districts where the ~ state of the. docket . or condi The committee of conference on ·the 'dis~greeing otes of the tion of busine s indicates the· need .. therefor, and shall .submit two Houses on the·umendments of the-Senate to the •bill (H. R. such suggestions to the various courts as may. seem in the 9103 ) fol" the appointment ·of additional district judges ·for ·cer interest of uniformity and expedition .of business. tain courts of the United ·States, ·to provide·-for ...annual i!<>nfer " The ..Attorney .General >Shall, l1POn request .of. the Chiet euce -0f·certain judge of United-States courts, to authorize the Justice report to said conference on matters relating to the · de ignatlon, assignment, and appointment of judges outside their busines's of the several courts 6f the ' United States. with "districts, ·an'd for-0ther ·purposes,: having met, 'after' full an'd free pa:rticula-r ·reference to causes '~or !>roceeding,s in •which the conference have. agreed to recommend, -and do recommend, to , United·States may .be a party. their respective;Ho·uses·as follows: -",The Chief J'ustice and .:each ·justice or judge 1summoned That the House recede from its' 'disa:greement• to ·the amend and attending said conference shall .be ·11.llowed l hlS ·actnal mentJof the Senate, and agree;-to ~ tlJ.e • Bame :..'With an .amendment < ~eases ·of·travel and his.:necessacy : 'Xl)enses :for ,subsistence, ·a follows :t in· lieu -of the "tllatter 'inserted by said amendment mot.to exceed ·'$10 :pe1· , day, which!.payment .1slmll be made:by -inse1t the .follo.wiQg: ·the ma:rShal of the ·Supreme·i Oonrt of th1' Un'ited:'S.ta.tes pan 1922. co.l TGRESSIONA·L RECORD-HOUSE. 12351 the written certificate &f the juqge incurrin~ such expenses, for which he is appointed. The circuit judges in each circuit ;wpoove.d by tbe Chief Justice. shall be judges of the circuit .court of appeals in that circuit, "SEC. 3. Section 13 .of the Judicial Code. is hereby amended and it shall be the duty of each circuit judge in each circuit to read as follows : to sit as one of the judges of the circuit con.rt . of appeals in " ' SEC. 13. Whenever any di.strict judge by i:eason of any dis that circuit from time to time according to law·: Pr -Mr. VOLSTEAD. Mr. Speaker, the statement which has just menace to religious freedom been so great as it is to-day, Race been -read coYers in a general way the changes that have been prejudice, religious bigotry, and lawlessness of every kind are effected by Senate amendments and in the conference. It is running riot in the. land. The alarm sounded by the President substantially the House bill, somewhat modified in phraseology. should be heeded by patriots everywhere and friends of freedom It aclds two district judges to those provided for in the House, in every State should rally around the Constitution and the one in New l\fexico and another in New Jersey. A judge pro flag. vided for the northern and southern dish·icts of Georgia by The propaganda of prejudice and persecution now in progress Senate amendment has been eliminated, The provision with in the United States is sometimes open and sometimes insidi reference to the judges of the Court of Customs Appeals has ous, but is always aggre sive and perpetually malignant. At been retained. times we hear its utterances from the pulpit or from the politi· There has been one circuit judge added to the fourth judicial cal rostrum, at times we get it through the press or read it ln circuit. There are only two in that circuit, while in others there books and pamphlets, and again it conceals itself ln Ku-Klux are three or more judges. It was belieYed that there ought to garb of mask and gown and does its dirty and destructive be another in that circuit, and the House conferees agreed to work in mob action under the cover of night. accept that provision. The leaders and champions of this un-American propaganda I do not know that there is anything further that I care to are almost without exception designing and unscrupulous men add, because otherwise the bill is practically as adopted by the whose motives are mean and mercenary and whose bank ac House. I will yield to the gentlemen on the other side of the counts appeal more powerfully to them than do the guaranties House, if they desire. of religious freedom in the Constitution of their country. Its i\Ir. DENISON. Will the gentleman yield for a question? votarie and victims are generally the mo t ignorant, narrow l\fr. VOLSTEAD. I yield to the gentleman from Illinois. minded, and lawless of our countrymen. l\1r. DENISON. I call the attention of the gentleman to Mr. Speaker, the President in his address to the Baptist section 2 of the conference report, the second paragraph, where Bible class referred to the "unwelcome impre sion ' of "mani it provides for making a report to the court of the condition fe t religious intolerance" that had come to him during bis of the business in the different circuits, and it reads as follows: first year in the Presidency. This same impre ion, it may be The senior district judge of each United States district court, on added, has .c~me to every Member of Congre in many way , or before the ls.t day of August in each year, shall prepare and sub and very VlVHlly and pointedly through the books, pamphlets, mit to the senior circuit judge of the judicial circuit in which aid district is situated, a report etting forth the condition of business in and newspapers containing anti-Catholic and anti-Jewish litera said district court, including the number and character of cases on the ture that haYe been thrown upon hi desk with alarming fre docket, the busine s in arrears, and case disposed of, and such other quency in the last two years. Reference to ju t a few of the e facts pertinent to the business dispatched and pending as said district judge may deem proper, together with recommendations as to the need publications will be not only illu trative but entertaining and of additional judicial assistance for the disposal of busine s for the instructive as well. year ending. In the month of NoYember, 1921, I receiYed at my office in Is that a misprint, or is that the way the conferees intended Washington a Texas newspaper entitled " Pure Democracy." it should read? Should that word be " ending?" I think it It was .dated "Elgin, Texas. November 5, 1921." On the fir t should be " ensuing'' If it is a mistake it ought to be corrected page, in big, black letters, was the beading: now. READ l\Ir. VOLSTEAD. It would not be very material one way or PURE DEMOCRACY the other. He makes a report on what has taken place in the Get The Dope, Sign The Petition, And Kill The Pope! year prior to the time the report is made. Following this big, black letter caption came thi announce- Mr. DENISON. No; but this is a recommendation as to what ment on the front page: should be done for the year "ending." That does not mean The Letter Below anything. I think it ought to be the year " ensuing." Goes This Week to :Mr. VOLSTEAD. When do you figure that the year begins? Your Congressman l\1r. DE JISON. What did the conferees intend that word to And Senator. be? Did they mean it to be " ending ,, or " ensuing "? Get His Answer. ~Ir. VOLSTEAD. It may perhaps be · a mistake, but it is immaterial anyway. This will take care of the situation or DEAR Sm: We are respectfully requesting an wers to the it can be corrected later on. questions inclosed here, which are the same that occur in the Mr. DENISON. I see the word u ed in the same pa1·agraph current issue of " Pure Democracy " being sent you. in the Senate bill, and I think also in the House bill is " ensu We desire the answer to these questions for publication. In ing," and I think this is clearly a misprint that somebody ought desiring the submission of an amendment, forbidding office to correct. holding and voting as a penalty against those under foreign l\Ir. VOLSTEAD. We can not correct it now, anyway. papal allegiance, direct or indirect, please bear in mind that I yield two minutes to the gentleman from New York [Mr. we want your commitment on the principle inYolYed. The CHANDLER]. wording of such an amendment will necessarily be fixecl by Mr. CHA.ll&J)LER of New York. Mr. Speaker, I ask unani those officials who submit the same for ratification. mous consent to addre ·s the House for two minutes out of Our petition is clear enough to let you kno\\· t'Yur aim , and order. . we will thank you for giving us your stand on this que tion. The SPEAKER. The gentleman from New York asks unani Truly, mous consent to address the House for two minutes out of DONALD B. ALLEN, order. It there objection? Editor of "Pure Democracy." There was no objection. . ELGIN, TEX. Mr. CHANDLER of New York. Mr. Speaker, a few months In another place on the front page of this paper was tile fol ago President Harding delivered before the Vaughn Bible class lowing petition addressed to its subscribers for ignature: of the CalYary Baptist Church of Washington an addre son the "We, the undersigned citizens of the United State , of \Oting proper relations of the citizen to th~ state. In the course of age, petition the submission for ratification of an amendment to his remarks he used the following language : the Constitution of the United States (also to our State con " There is no relationship here between church and state. stitution) forbidding voting or office holding, appointive or Religious liberty has its unalterable place, along with civil elective, by any person under direct or indirect allegiance to and human liberty, in the very foundation of the ;Republic. any foreign political potentate, such as the Papacy of Rome. Therein is shown the farseeing vision of the immortal founders, " Signature ------." and we are a better people and a better Republic because there You will note that the very modest request of the editor of is that freedom. Pure Democracy is for the disfranchisement of Roman Catholic " I fear it is forgotten sometimes. In the experiences of a citizens of the United States by constitutional amendment. year in the Presidency there has come to me· no other such This puny publication, I understand, has pa sed out of ex unwelcome impression as the manife t religious intolerance istence,_ having died in early infancy, probably from lack of which exists among many of our citizens. I bold it to be a brains or want of nourishment and I feel that I should apolo menace to the very liberties we boast and cherish." gize to the House for using a corpse as an exhibit. N:everthe The fears and anxieties entertained by the great, patriotic, less its editor, I have been informed, i till preading the liberal-minded Chief Magistrate of the Nation are those also gospel of hate and dissension among hi fellow citizens in entertained by many Members of Congre and by every patri Texas wherever he can find an audience low-browed enough to otic citizen who loves his country and its most sacred national listen to him in the following lectures : tradition, that of freedom of conscience and of worship. In no 1. Darkness from the Pit, or Rome Robbing the Records of period of our history since the proclamation of the Declaration History. of Independence and the adoption of the Constitution has the ~. Babylon's Fall, or Rome must be Destroyed. 1922. CONGRESSIONAL RECORD- HOUSE. l.2353 - 3. R11ling withi Rods of Iron, or Amending the Constitution But let us revert to the pamphlet styled "Rome in Congress." A~st Foreign Papal Treason. On the cover of this booklet, beneath the words " Rome in Con ... o wonder that Mayfield and the Ku-Klux Klan :flourish in gress," are the two words "A handbook," and beneath these tbe Lone Star State, where propaganda of this kind is per there are the words " The record of national Senators and Rep· mitted and eneouraged. But there is no reason for despair as resentatives on issues of vital interest to Protestant voters." l ng a the Dallas Mo~ning News, one of the greatest and most On the first page of the pamphlet is a kind of preface, entitled ably edited newspapers in America, continues to wage ruthless "The political situation," and under this caption the author has warfare against the traitorous brood and the cheap and cow grouped and discussed ce1·tain political problems and economie ardl politician · who bend the knee to them. questions that in his mind indicate friendliness or hostility to Again, a few weeks ago, I received from Seattle, Wash., a ..the Roman Catholic Church. These political problems and eco· pamphlet entitled. "The Heretic Circular," edited or prepared nomlc questions may be grouped as follows, under varying by one Baron D_ndley. The front-page caption was this: titles: Strong Reasons 1. The Burnett and John.son immigration bills. Why 2. The Gallivan Irish petition and the Borah Irish resolution. Roman Catholics R Prohibition. Should Not Hold 4. Woman suffrage. Civic or Federal Offices 5. The Towner-Sterling bill. . In The In the opinion of this man Nations, the author of the booklet United State of America. entitled "Rome in Congre " and the editor of the magazine called The Protestant, a Congressman or Senator who voted Then followed statements references, and allusions, founded for certain of these measures or against others should be in ignorance and bigotry, that should have shut the dirty sheet branded as Catholic or Protestant, as the case may be. from the mails of the United States. I need not discuss the His contention is that those who voted for the Burnett immi eontents of this circular with you my colleagues, since it is gration bill were Protestants and those who voted against it doubtle true that copies of it have been thl'own upon the desk were Catholic who desired the rule of Rome in America. He of ench Member of the House. seems to forget that 3,000,000 Jews in America are opposed to During the la t two year scarcely a week has pas ed that the Burnett immigration bill, and that Jews are neither Prot I have not received at my office in Wa hinrton, from every estants nor Catholics. He also seemingly forgets that three ction of tbe country, north, east, south, and we t, trashy Protestant Presidents of the United States, Cleveland, Taft, and trea onable literature of this kind, intended to excite and Wilson, all vetoed the Burnett immigration bill or similar prejudice and hatred against Jews and eatbolics, and generally bills because of the " literacy tests " that they contained. Ac patterned in cheap and imitative fashion after The Menace cording to the reasoning of Mr. Nations these men should be and tbe Dearborn Independent. Up to the present time I characterized· in history as papal Presidents or presidential ha e not thought it worth while to_ pay any serious- attention Popes, notwithstanding the reasons assigned in their veto mes to these various anti-Catholic and anti-Jewish circulars, pam sages that were not even remotely related to any religious phlets, and newspapers that !\am been sent to me. I judged it consideration. best to treat them with the silent contempt that they de erved. Again, it is contended that those Congressmen or Senators This cou ._e seemed to me to be all the more proper and ex who signed the Gallivan Irish petition or voted for the Borah pedient since I was not personally or politically inYolved in. Irish resolution are friends of Rome and enemies of America. any way. It matters not if they were prompted by love of liberty and by a But recently I received a pamphlet, ent by whom I do not belief in right of elf-government for- the Irish people; ne\'er know, that mentions me persoruilly, makes charges again t me, theles they are to be classed as friends of Rome. The rec<>rd and threatens me with polit:kal punishment. The impudent shows that more than a hundred. Representatives and Senator , ruid belligerent cha-racter of the booklet challenges my seriou Protestant and Catholic, Jew and gentile, Democratic, Repub consideration, all the mane so since it contain a charge and lican, and Socialist, from the North, South, East, and West, a threat. signed the Gallivan Irish petition. Nevertheless. they are all This pamphlet is entitled "Rome in Congress," and was Oatholics, friends of Rome and enemies of America, according pr pared by one Gilbert 0. Nations., who describes himself as to the editor of The Protestant. a •·Ph. D." This O'e.ntleman eems to be the editor and pub According to the reasoning of the author of this pamphlet li er of a monthly magazine entitled ' The Protestant," with tho e who voted for prohibition are Protestants and patriots ; office at 639 F Street ~ .• Wa hington, D. e. This maga tho e who "Voted against prohibition are Catholics and traitors.. zine i tiolent anti-Roman Catholic publication, and is about The queer-headed, addle-bi:ained man who makes this conten~ a year and a half old. tion seems to have forgotten that the Germans of America, most In order to acquaint myself thoroughly with the news of of whom are Lutheran Protestants, are violently opposed to Mr. Nations, and to determine how much consideration he and prohibition, and that the 3,0001000 Jews of America, who are hi magazine deserved, I sent to the Congre sional' Library neither Pi.iotestanta nor Catholics, are also violently opposed to and secured all back numbers of The Protestant. I have spent prohibition. If be bad an ounce of gray matter in his head and neatly a week; at odd moments, examining them. r find that were capable of a moment's serious and intelligent reflection, they contain an amazing amount of literary trash and rubbish, he would know that the antiprohibition ranks number millions and tbat their pages are filled with ludicrous citations from of Protestants of all denominations-Methodists, Baptists, and canon and other laws and with grotesque references to liter. Presbyterians, amen-corner brethren, and backsliders alike. ary works that have not the remotest connection with the H.e would also know that a very considerable percentage of ubject discu ed or the thesis proposed. A perusal of this Catholics in America are in favor of prohibition. The late ma O'azine convinces the reader that the editor of The Protestant Archbishop. Ireland, of St. Paul, a distinguished Roman Cath is a literary paranoiac with a strong propen ~tty to mendacity olic prelate, was an avowed prohibitionist. and a distinct predilection for hypocrisy. In the recent p!'imaries in Texas ex-Gov. James E. Ferguson, Nearly every issue of this magazine from the first to the a fallen political angel, who had been removed: from the gov last publication devotes considerable space to an appeal for ernor's chair for malfeasance and misfeasance in office, ran on subscribers and a cry for financial help. In more issues than a light wine and beer platform. He received nearly half the one the alarm is given that the ship is about to sink and that votes cast, more than 200,000, in a run-off prima.ry. His chief the lifeboats are being made ready to be lowered. Through source of popularity was his light wine and beer program. Now, out the publication are strong s~o-gestions of strained financial the Catholics of Texas do not number more than 10 per cent of circumstances as well as mental and moral bankruptcy, and the population o-f the State, and a large majority of those who from the whole enterprise we feel justified in concluding that vot;ed for Ferguson must have been good Protestants, who do the author of The Protestant has prostituted his meager talents, not object to taking a little light wine and beer " for the stom not for love of Prote tantism o_r solicitude for the Republic ach's sake." and it free institution , but rather from a ordid desire for The absurdity and imbecility of attempting to identify a par mercenary gain. The motirn at the back of the publication ticular church_ organization with an economic problem that of this magazine is the same as that at the back of the pnbli· affects all the people, or even with a certain question of cation of The Menace and all others of its kind, a desire and mo1·a1s, may be easily shown by considering the matter from a a determination to make money, even if truth is outraged at world-wide viewpoint. To identify the Protestant Church ancl every turn and the Constitution of the country is: trampled Protestant teachings with prohibition and then be compelled under foot, even if religious f!leedom is ruthle sly struck down to stnre Germany in the face would be something that only a in her own temple, even if good-fellowshlp among the citizens fool and fanatic like Nations could stand without embarrass if a common country is utterly destro;yed. ment and a blush, for we must remember that Germany is the ~12354 CON GR.ESSION AL RECORD-HOUSE. SEPTEMBER 11, land not only of Martin Luther and thoroughgoing Protestant " Scan the list with care. See how your Members voted in ism but of beers, wines, and whiskies as well. order that you may know how to '\"Ote when they ask reelec ince the days of Gustavus Vasa, Sweden has been densely tion at your hands. If their records are clean, give them your Prote tant, and yet only a few weeks ago Protestant Sweden active support. If unclean, defeat them in the primary if voted overwhelmi9gly against prohibition. And to give a touch possible, and if not po ible to defeat them there then support of min()'led humor and pathos to the scene, we need only men the candidate of the other party in the general election pro tion that "Pussyfoot" Johnson was ridden on a rail and lost vided he is any better. They are arranged in this handbook by an eye while trying to convert Protestant England to prohi States and districts. Here is the list." bition." So much for the ludicrous attempt of the editor of The Then follows the classified list of all the Members of the House Prote.., tant to identify the Roman Catholic Church and anti a~d Senate, beginning with Alabama and ending with Wyo prohibition. mrng. Each of you, my colleagues, is listed as a friend or Under this heading I wish only to relate a matter of per onal enemy of Rome according to your votes on the subjects here experience that may be both instructive and entertaining. A tofore mentioned, and you are notified that the pamphlet to few year ago I pent a summer in Scotland. I was the gue t which I have so frequently referred is to be used as a campaign of a merchant prince of Glasgow who had a summer home on document against you among the Prote tant voters of your Loch Long. an arm of the River Clyde. I remember that tbis district or in your behalf, as the case may require. As for excellent cotcll family and I would spend each day fishing, me I gladly accept the issue. rowing, and swimming. After dinner in the evening the beauti Under the New York subdivision my name is written thus: ful and charming daughter of the Scotchman would give a " WALTER lll. CHANDLER; voted against Burnett immigration concert of piano and nolin music. After the concert we would bill and prohibition, and signed Gallivan Irish petition." eat cbee e and crackers and drink Scotch whisky. Then fol The statement is correct, and I have no apologie to make for lowed family prayers and sweet sleep, undisturbed by the my vote in any single case, and I am not ashamed that I signed fanatical prohibition agitations of "Pussyfoot" Johnson, Gil the Gallivan Iri h petition. bert 0. Nations. and their kind. This all took place please I rnted against the Burnett immigration bill for the Yery remember, in Protestant Presbyterian Scotland, the land of same reasons that ·caused Pre idents Cleveland, Taft, and Wil John Knox and the Covenanters. son to veto this and similar bills. In my speech of March 25 In the fourth place, the man who prepared the booklet, 1916, .against the Burnett immigration bill I stated my reasons "Rome in Congress," makes woman suffrage a test of Prot in the following language : e tantism and Catholicism. He in ist that the Catholic " I Yoted against the Burnett immigration bill during Us Clmrch was oppo ed. to woman suffrage and that those Mem passage through the Sixty-third Congress. I shall vote against ber of Congre ·s who voted against woman suffrage were it again at this time because it contain an unjust, undemo friends of Rome and therefore enemies of the Republic and of cratic, and un-American provision, the so-called literacy test. free institution . But here again the reasoning of the im " I am convinced that the humanitarian traditions of our becile and bigot strikes a snag. In a lucid interval he remem country should still be observed, and that foreigners of sound bers that the Catholic Church is not strong in the South. He body, mind, and morals, of good and patriotic intentions toward also recalls that southern Senators and Representatives very our country and its institulions, and of sufficient means to generally voted against woman suffrage. Then half whiningly justify the assumption that they will not become public charges and at the same time with brazen impertinence he adds in this should be welcomed into our midst, made to feel that they are connection : at home, and extended all the blessings of law and liberty that "In justice it should be stated that sentiment in favor of our Constitution and our flag afford." woman suffrage was not strong in the South, and therefore This was the real reason of my vote against the Burnett im vote of southern Senators and Representatives against the migration bill, although I called attention in the same speech nineteenth amendment were not necessarily inspired by Rome." to the anti-Catholic tendencies of the bill and rlenounced the But if non-Catholic reasoning and sentiment inspired south attempt to accomplish covertly in Congress by restricting ern Senators and Representatives to vote against woman suf Catholic immigration what it- was feared could not be accom frage, what evidence have we that northern, western. and east plished in the columns of a free press or in the forum of ern Senators and Representatives were inspired by different debate. motives or guided by different principles from those that infla Yes; I voted against prohibition also, but I did not have the enced the conduct of southern Senators and Representatives? ~atholic .Church in mind when I voted. I voted against report Only a man lacking in mother wit, blinded by fanaticism, undis mg the eighteenth amendment because I did not believe it either ciplined in debate, thirsting for cheap notoriety, and over right or expedient to take the police power from the States powered by greed could be entangled in a mesh or caught in a where it had rested for more than a hundred years and place trap of this kind. it ~th the Nation. I resisted with all my might the attempt to And. lastly, we are told by the editor of The Protestant in bnng about a constitutional innovation of this kind. I -roted hi preface to his booklet called "Rome in Congres " that the as I did because my prophetic vision foresaw the bootlegging Catholic Church is opposed to the Towner-Sterling bill, and operations of this day and the contempt for law and order that that those Members of Congress who vote for this bill will be would result from the adoption of this amendment. I also fore Protestants and patriots because their votes will be opposed saw the Volstead Act a~ainst which my better judgment re to the will of Rome. On the other hand, those Members whq_ belled from the very beginning. Yote against the Towner-Sterling bill will be friends of Rome I am in favor of law enforcement of all State and Federal and at the same time enemies of the Republic and of free in statutes. Antiprohibition may be bad and prohibition worse stitutions. But here again the dear Mr. Nations finds his dif but disregard and contempt for law are worse than either. A ficulties. It is an admitted fact that a large majority of dead law upon the statute books is a stench in the nostrils of southern Senators and Representatives will vote against the all good citizens. Believing this, I shall vote at the very first Towner-Sterling bill because of their peculiar State rights opportunity for a modification of the Volstead Act that will per theories and without any reference whatever to the Catholic mit light wines and beers, within the limitations prescribed by Church or it teachings. When the vote has been taken what the Supreme Court of the United States defining the extent of will then be left to the editor of The Protestant but to make the the jurisdiction of Congress in regulating the alcoholic content same idiotic observations . that he made in connection with of beverages. woman uffrage and thereby become entangled in the same mesh I believe that the saloon is gone forer-er, and I shall shed no and fall into the same trap of ludicrous inconsistency and con tears becau e of this fact, but I am convinced that light wines t radiction? and beers may be had without any nolation of law, and that If he hould find after a canvass that a majority of the New these slightly exhilarating beYerages would greatly les en and York State Representati"res, both Republican and Democratic, cool what Shakespeare is pleased to call "life's fitful fever." w ill Yote again t the Towner-Sterling bill because they do not It is a well-known fact that an abundance of liquor may be believe it just and right that New York State, only 1 in 48, had almost anywhere in the United States, either in town or should pay one-third· of $100,000,000 annually to educate the country, under bootlegging operations, by the wealthy who can illiterates of other States. would the editor of The Protestant afford to pay the price, but our la borers and worlanen who then give them credit for sincerity or would he still insist that create the wealth of the country in the sweat of the brow and the Pope has them under his heel and that they are slavishly who return to their homes at nightfall tired and exhausted dominated by Rome and the canon law? with the toil of the day are denied even a single gla s of re In the booklet called " Rome in Congress " every Member of freshing beer because the law forbids the brewing of a drink the Hou e is classified by States as a friend or enemy of Rome that is reasonable in price and not an insult to the taste. This by indicating his votes on the subjects that I have just dis inevitable discrimination in the operation and effect of tlle Vol cu ~ e d . And it is interesting to note that this is the closing stead Act has a. direct tendency to embitter the minds of the paragraph of the preface: masses of the people, to fill their hearts with rebellion against 1922. CONGRESSIONAL RECORD-HOUSE. 12355 the law, and to drive them to lawlessness and anarchy as a form and an obligation to fulfill? Evidently little or nothing. refuge. These gentlemen ought to be got after without delay. Some Yes; I also signed the Gallivan Irish petition, and I am glad of them seem to think that Ireland is no longer on the map and and proud that I did. I signed it, however, as other Congress that only Belgium, .Poland, Serbia, Montenegro, Lithuania, and men did, without any reference to the Roman Catholic Church. Mesopotamia are worth bothering about. It is time to let these I signed it because I believed then as I feel now that the mag gentlemen know that the claims of Ireland antedate and out nificent race of Celtic people who inhabit tbe Emerald Isle, who weigh those of all these countries and that the Irish people in ha-re fought bravely on all the battle fields of the world for the America will insist that Ireland shall not be ignored. They liberties of other peoples, are entitled to freedom for themselves. must put themselves on record so that we may know our friends I have ne\er failed to cast my vote and to raise my voice from our enemies at the next congressional elections." in behalf of this proud, spirited, and gifted race that has con The world seems to have forgotten, Mr. Speaker and my col tributed so much to the freedom and civilization of other nations leagues, what Catholic Ireland has done for the uplift of man and that has receh"ed so little from them in return. I shall kind and the civilization of the earth. When the night of the continue my efforts in their behalf with the ardent hope that Middle Ages fell upon the human race, priests in her monas peace and happiness may return soon to the people of the teries and schools held high the torch of learning and re stricken island and that all may yet be well with the children ligion, sent her missionaries throughout Europe, and gained of Erin. for her the merited title of the " Isle of Sages and Saints.'' Furthermore, I want the narrow-minded, bigoted editor of To the monastic schools of Ireland :flocked students from Scot The Protestant to understand that I do not have to show my land, England, Germany, and Gaul in numbers so great that sympathy for races or religions covertly in votes upon economic St. Aldheim declared that they were as " numerous as bees.." problems and political questions. Thank God, I have never Throughout the seventh, eighth, and ninth centuries her schools once been charged by my bitterest enemies with cowardice or of learning were the most illustrious in the world. Her mis camouflage in politics, and whether my life be long or short sionary spirit is shown by the fact that she maintained 7 mon in public office I am determined never once to attempt to de asteries in France, 13 in Scotland, 7 in -Lotharingia, 9 in Bel ceiYe by trickery or evasion my constituents or my countrymen. gium, 11 in Burgundy, 10 in Alsatia, 16 in Bavaria, and 12 in As proof of this, in the matter of having signed the Gallivan Armoric Gaul Irish petition, I wish to submit at this time for insertion in the Too frequently we hear from the lips of the light-beaded and RECORD the following leading editorial from the Gaelic Ameri the flippant the remark that Ireland is nothing but a land of can of Saturday, February 16, 1918, entitled: tragedy and ruins. Before they begin to mock and jest, let OKE CONGRESSMAN WHO IS NOT EVASIVE. such men and women read and ponder the brilliant verses of " The resolutions indorsing Miss Rankin's re olution for Irish Father Abram J. Ryan, the poet laureate of the Southern Con independence passed by the John P. Holland branch of the federacy: Fri nus of Irish Freedom, New York, were forwarded to the A LAND WITHOUT RUINS. l\.:Ierubers of Congress, and Father John H. Dooley, of Corpus "A land without ruins is a land without memories; a land" Christi Church, president of the branch, has received several without memories is a land without history. A land that wears re11lit.•s. With one exception these replies are the usual per a laurel crown may be fair to see; but twine a few sad cypress functory, stereotyped kind which say nothing at all except leaves around the brow of any land, and be that land barren, that the matter has been received and will be given considera beautiless, and bleak it becomes lovely in its consecrated, coro tion. Such repUes are always followed by inaction. The Con net of sorrow and it wins the sympathy of the heart and of gres:: In the issue of The Prote tant of date November, 1921, on in our sel'vice as Legion men. This country was formed ·by page 142, appears the following article : men ~ho sought religious tolerance, and it was in that spirit WAR DEPARTMENT AND PIUJ:ST, that it was made free and woJ.1th living in. I happen to be a ·Protestant attend a Protestant church, but as member ''A good patriotic friend bas written the following note, and to a· bich deser es the thoughtful reflection of every good citizen : of many Masonic bodies, of hicll I have taken a more or leBs " 'DEAR Sm: I would like to call your attention to an article active part, I liave great admiration for that institution-the in the New York Evening Telegram of October 15, headed Roman Catholipriest to conduct the services over the body of human toucll to their splendid service which made them beloved the unknown soldier at Arlington Cemetery on Armistice Day? by all-J~w. Protestant, and Catholic alike. Such propaganda as you are sprP..a.ding is a menace to Amer "'The inquiry is timely. You should ask Mr. Weeks. It is ica and America's institutions. How a man worships his God time for the people to arrange things at the ballot box, so is his own business and not yours. members of the President's Cabinet will not seek every oppor tunity to peddle faY01-s to the alien hierarchy and cle1·gy of the The Constitution of the United States o'f America gives every man the right to choose his own religion. and it was to uphold Vatican throne.'" that Constitution that the American Legion was ,formed. The " gootl patriotic friend " who wrote the editor of The Yours -very truly, . Protestant asking fo1· truthful information received a sup pressed truth that is a. lie in answer. The facts were these, as HANFORD l\IA.CNIDER. I have learned them authoritatively from the War Depart The editor of' The Protestant was seized with conl'lllsions ment.· Secretary Weeks invited a Protestant preacher, Doctor when he learned that Colonel 1\facNider was a Protestant and Brent; a Catholic prie t, Father Kelley; and a Jewish clergy a l\fason and still had "great admiration for that institution man, Rabbi Lazaron, all of w.hom had been chaplains and had the Roman Catholic Church." seen overseas service, to officiate at the ceremonies conducted In his reply which was published in his magazine he went over the body of the unknown soldier at Arlington Cemetery on soaring into the emnyrean of absurdity and bombast. One Armistice Day. All of them accepted the invitation. Two of paragra_ph of his letter was this : them, the Protestant preacher, Doctor Brent, and the Jewish "But until the Roman hierarchy expiates the terrible ruin it clergyman, Rabbi Lazaron, were present and officiated. Father has heaped on Mexico, South America, Spain, and Hungary Kelley was unavoidably kept away. These were the facts, and during the long and dismal centuries of its dominion in tho e Gilbert 0. Nations doubtless knew them, or could easily have lands I am utterly 11nable to share in your-expres ed admira learned them, when he wrote that dirty lie and libel against tion of that hierarchy and institution. The tragedy of the Secretary Weeks and the contemptible and sneaking little whole matter is that popery vascillates before the world, feign diatribe against the Catholic- Church. ing religion, but practicing the most venal and despotic kind of Nations is a miserable little pedant. He delights to quote politics." Latin, doubtless to impTess his ignorant readers with his learn He meant by all this tha:t until conditions changed in Mex ing and importance. In this connection, and in the matter of ico, South America, Spain, and Hungary he was not willing to the Arlington Cemetery ceremonies, this Latin phrase is pecu stop lying about ltlacNider, Weeks, and others. He meant also liarly applicable to him, falsus in uno falsus in omnibus ; that that the constitutional guaranties of religious freedom in is, having been caught lying in this case, we are justified in America must be suspended until the religious status of the- e · a suming that he is a liar in all cases. countries formed itself to his liking. The language of this Secretary Weeks.played a fine and manly part. Feeling that paragraph proves conclusively that as a word-monger Nations is the occa ion was truly national and that the unknown. dead a glittering success, but as a logician and disputant he is a dis soldier might have been a Catholic, a Protestant, or a Jew, he mal failure. It proves also the truthfulness of the saying of acted with 1exquisite ·tact and ·taste and invited to officiate at Lowen that " the vulgar intellectual palate 'hankers after the the ceremonies representatives of all the great :religious titillation of foaming phrase." organizations of America. N~vertheless, the petty pamphleteer An examination of the various numbers of The Protestant got in .hls dirty work of falsehood and of libel. shows that its editor is w.holly without. any sense or sentiment The Protestant clergymen of America, like the clm.'gylllen of of propriety, modesty, shame, or fitness of things in his despet the Catholic and Jewish faiths, are in the main men of educa ate drive for subscribers and " Io.ng green " with which to line tion, earnestne , and piety, and are sincere seekers after truth. his pockets. He is one of those fools that deliberately rush in The large majority of th~m would scorn •to ub cribe for a where angels fear to tread. In his .feverish desire for notoriety magazine that di eminate falsehoods and eeks to destroy and · cash he has not .hesitated to attack, in a mean and lying character by libelous innendoes. If the real cllaracter of this manner, the characters and careers of the greatest and mo t magazine were known to them not a dozen clergymen in Amer beloved of medern American statesmen, who have been voted ica would be subscribers to it. for and admired and loved by millions. Occasionally he is called down by some indignant citizen Of ex-President Wilson he. has this to say: who has been the victim of his lies, and then it is vastly amus "The constant secret gravitation of President Wilson ing to hear him apologize and watch him crawl and whine. In toward popery is one of the mysteries of American his the characteristic reck.les ne s of his irresponsible journalism, tory. * * * Nations called Colonel MacNider a Roman Catholic and attrib " Why a great Presbyterian scholar, born in the mountains uted his appointm nt as head of the Ameriean Legion to the ot Virginia of Presbyterian parents, his father being a minister, political machinations of what he is plea ed to call the Roman should seek every opportunity to enthrone popery in the White hierarchy. The following brave and manly letter .of Colonel House and every department of the Government and should MacNider to Nations should be read every day for a full month then go out and join a Roman Catholic Club established by a to every cla s of every rpublic ~chool in the Republic : Jesuit priest pa ses understanding. It is time to annihilate FEBBUABY 19, 1922. that kind of secret plotting in high official life." To the EDITOR OF THE P.ROTE TANT, .All this probably because Wil on had a Catholic secretary, Wa&"hington, D. 0. Mr. Tumulty. Sm: Your article " Rome Heads the American Legion " has Of Ex-President Taft he has this to say: just come to my attention. When you called to apologize, it "Rome and Wall Street rejoice rt the appointment of ex wa my impression that you had simply mistaken my religious President William Howard Taft to the office of Chief Justice affiliations and that your statement was entirely personal. I of the United States Supreme Court. Well may they rejoice. told you that I was not concerned with what you had said No politician in this country ever served them better. * * * about me, but your article is an attack upon the AmeTican ·ms whole administrative policy favored political popery at Legion, and it can not go unanswered, foolish as it is. every opportunity-." The American Legion is an organization of returned service .All this becau e Ta:ft was independent enough and American men and women holding together in an endeavor to continue enough to appoint Mr. White, a Catholic, Chief Justice. their ervice to their country in peace as well as in war as eon The editor of this magazine in one of its issues describes l\Ir . ·tructive citizens. Religion in Legion membership is no more a Taft as a Catholic, a statement that he subsequently had to question than it is in American citizenship, nor can it be retract. lJlrom tb1s arrd the 'MacNider incident we learn his brought into Legion affairs. methods of journalism, first to lie and, if caught up with, then It was not a question when a man stepped out to join the to retract; if not detected, to let the lie stand in tile name of colors and to defend his eountry. It will never be a question many subscrlbel's and much cash. 1922. CONGRESSIONAL RECORD-HOUSE. 12357 ·Not content with attacking ex-Presidents, the -editor of The palladium of our liberties and the landmark in our march of Protestant insults the present President of the -Republic by progress." showering llim with his slimy slander and abuse. The following Again President Harding may have had in mind these words appear in the is. ue of his magazine of June, 1922: of the great patriot and priest: · THE PRESIDENT PRAISES GIBBONS. · "Fifteen millions of Catholics live their lives in our land with undisturbed belief in the perfect harmony existing between "The Msociated Press exploited generally throughout the their religion and their duties as Americans. It never occurs country a letter which President Harding is alleged to have to their minds to question the truth of a belief which all thei1 written 1\larch 20 to Rev. Albert E. Smith, a Roman priest and experience confirms. Love of religion and love of country burn editor of ·the Baltimore Catholic Review praising the late Car4 together in their hearts. They love t_heir church as the divine dinal Gibbon · in connectirm with. the approaching anniversary spiritual society set up by Jesus Christ, through which they of hi dea tll. The Baltimore Roman paper mentioned of course are brought into a clo ·er communion with God, learn His re published the letter very conspicuously in a heavy border and vealed truth and His holy laws, receive the .help they need to under great headlines on the front page of the paper March 25. lead Christian lives, and are inspired with the hope of eternal It reads as follow : happiness. They love their country with the spontaneous and THE WmTE HOUSE, ardent love of all patriots, because it is their country and the Washingto-n, March 20, 1922. source to them of untold blessings. They prefer its form of ReY. ALBERT E. SMITH, goyernment before any other. They admire the institutions and The BaUimore Ca.tholic R eview, Baltimore, Md. the. spirit of its laws. They accept the Constitution without l\J y DEAR F.ATHER SMITH: It is hard to realize that almo t a reserve, with no desire as Catholics to see it changed in any year ha pa sed since the death of Cardinal Gibbons. He was feature. They can with a clear conscience swear to uphold it." one of the men whom the Nation could ill spare, for his long Gilbert Nations, the bigoted editor of The Protestant, will and earnest service for both church and country had made him neYer forgiye Cardinal Gibbons for having uttered those one of the most useful and wise counsellors in a wide realm of splendid patriotic sentiments, for they brand him forever as a public concerns. He posse sed in a marked mea ure the qual· liar and a slanderer of the Roman Catholic Church in America ities of the statesman as well as the churchman, and his in when he says that Catholicism is identical with monarchy and flue nce was invariably exerted in favor of the be t conceptions that the Catholics of America are enemies of the Constitution of America, its institutions and its destiny. Like other · who and of our free in titutions. hal"e borne a somewhat extraordinary burden in the public The closing sentences that I have just quoted seem to have sen-ice, I have learned to appreciate and rely upon his sin been intended by the great priest and cardinal to confound cerity and breadth of vision in many matters of public concern, the enemies of his church and to serve as a mighty breakwater and his death wa a wry real loss. I am sure the same feeling against floods of false accusation that future enemies of his wa entertained throughout the Nation, regardless of creed. people and of the Republic, such as the Ku Klux Klan, might His liberal views had earned for him a high place in the esteem cunningly and .designedly create. - of all Christian citizens, and hi sernces and leadership will not The trouble with the mentally afi:l.icted man who edits The be forgotten. Protestant is that his diseased imagination c~njures up papal Very sincerely, WARREN G. HABDI~G. images in connection with everything that Iie considers evil " '\Thy did our Baptist and Masonic President of the United in the heavens above, the earth beneath, and the waters down States write uch a letter? Why did a great Baptist and great under the earth. He probably honestly believes that liquor is l\fason, at the head of the greatest Protestant and democratic a very bad thing, and it then follows as the night the day that Nation in the world, thus extol the memory of an enthroned the Pope must be at the back of antiprohibition. He is prob prince in the one go\ernment inevitably hostile to Baptists and ably an anglomaniac and honestly believes that self-govern Masons and democratic institutions'? Was there any canon of ment for the Irish is a bad thing. He has no doubts, then, that propriety that called for such a letter from the White House the Pope inspired the deviltry of which was born, in his opinion, to a priest of Rome in Baltimore? " the Gallivan Irish petition. He feels that war is the scourge of Why did the Pre ident write such a letter? The answer is -the race, and that the Great War was the greatest of all easy to anyone not inflamed by fanaticism or blinded by bigotry. scourges, and he has not the slightest doubt that it was created Warren G. Harding is the big, brainy, great-hearted, Christian by what he imagines to be the greatest of all evils, namely, minded President of a great Republic of more than 100,000,000 the papacy of Rome, and·he does not hesitate, in more than one of people, whose citizenship is made up of all races and all issue of The Protestant, to charge the Pope with having brought religions of the earth, and whose constitutional guaranties of about the war. · religious . freedom constitute the most sacred right and the The insane delusion that some god or pope or other religious mo t precious heritage of Americans everywhere. It is the duty agency or power is working infinite harm or boundless good of this great Pre ident to see that the laws of the Nation are in the universe, along a multitude of lines and involving a properly safeguarded and duly executed in maintaining the multiplicity of detail, is a striking peculiarity of a certain kind right , civil and religious, of men and women of every race and of lunatic. The psychopathic wards of our great insane creed, and in every act of his public life he has shown a fine asylums are filled with unfortunate creatures of this kind. sense of consciousness of this duty and of the solemn responsi If you will go back and consult the CONGRESSIONAL RECORDS bility that rests upon him of being President of all the people containing the debates on the war resolution, my colleagues, and not a part of them, of all races and of all creeds and not you will find that the ablest of our statesmen in Congress, of certain races and certain creeds. This sense of propriety, both Senators and Representatives, reached their loftiest flights this consciousness of lofty political duty, caused him to pay the of eloquence in bitter denunciation of the Kaiser and his tribute to the memory of Cardinal Gibbons, a distinguished imperialistic designs to extend his empire from Berlin to Bag Roman Catholic prelate, the spiritual guide and leader of some dad and to crush the liberties of the world with the mailed first 16,000,000 Catholic American citizens, whose civic were as great of imperialism, absolutism, and despotism. as hi" ecclesiastical virtues, and who left at his death a problem We all felt perfectly assured that the assassination of an for his countrymen to solve, whether in life he was greater as Austrian grand duke by a simple-minded fanatical Serbian a priest or a patriot. youth was the beginning but not the cause of the Great World President Harding might have paid his fine tribute to Cardinal War; that it was simply the match that lit the flame that Gibbon because Gibbons once uttered these patriotic senti- threw the world into conflagration. We believed that the ele ments: · mental causes of the war were to be found deeply embedded in "As the years go by I am more than ever convinced that the German military philosophy, in Prussian despotism and desire Constitution of the United States is the greatest instrument of for world dominion, in a false and fraudulent diplomacy handed gO\'ernment that ever issued from the hand of man. Drawn up down from the -days of Frederick the Great, and in the belief in the infancy of our Republic, and amid the fears and sus of the German-Kaiser that he was the annointed of God, and picions and oppositions of many patriotic men, it has weathered that the German people were the chosen seed. These intellec the storm period of American public life, and has proved elastic tual principles, we thought, were the spiritual elements that enough to withstand every ._ train put upon it by party spirit, formed the fertile soil in which was germinated the world western development, world-wide immigration, wars with little catastrophe and from which it received its budding and its and great, far-reaching social and economic changes, inventions blossoming. We have reason to believe that President Wilson and discoveries, the growth of' individual wealth, and the had these thoughts in mind whep. he asked us to declare war vagaries of endless reformers; that within the short space of against the Kaiser and the Germans in order that the world 100 rears we have grown to be a great Nation, so much so might be made safe for democracy. that to-day the United States is rightly regarded as the first The strongest brains of 'the greatest statesmen of the allied among the nations of the earth, due to the Constitution, the powers spent all thei.r energies and talents in all kinds of 12358 CONGRESSIONAL R,ECORD-HOUSE. SEPTE~IBER 11, books-blue, yellow, and others-in demonstrating that the to the New InternaUonal Encyclopedia, writing of Whito-ift, Kaiser caused the war. The finest minds among the_greatest archbishop of Canterbury, as head of the High Commi ·ion state men of the German and Austrian Empires, in their white sa.ys: ' and red books, spent their supreme intellectual forces proving "He established practically a new bishops, indeed, Cartright denounced as begotten of the If a Roman Catholic commits a crime in public office it is, to devil; but 'the absolute rule <>f presbyters he held to be estab hear :Nations tell it, a diabolical offense, not only because it lished by the word of God. For .tbe church founded after the Yiolate a criminal tatute of the State but because it is also a fashion of Geneva he claimed an authority which surpa .. ed the da tardly assault upon the Republic and our free institutions wildest dreams of the masters of the Vatican. Not only wa the through the papacy. rule of ministers to be established as t,be one legal form of In another i ue of his magazine the editor of The Protestant church government but all other forms were to be put do'\\ll. rails again t the Knights of Columbus for alleged distortion of For heresy there wa the punishment of death. Never had tbe fa. t of American history, but fails, so far as I have been the doctrine of persecution been urged with such blind and able to find, to mention th~ fact that the Knights of Columbus reek.le s ferocity." (History of the English People, Book TI, re.cently awarded a capital prize of 3 000 for the best essay on Chap. V.) . American history to a profes or in a Protestant college. "It must be admitted," writes Buckle, "that in Scotland It is a favorite pastime with paper like The Menace and The there is more bigotry, more Sll,Per~tition, and a more thorough Protestant to describe in every detail of horror and execration contempt for the religion of others than in France. And in the atrocities of the Catholic Spanish Inquisition, but they Sweden, which is one of the oldest Protestant countrie in doubtless contemplate with merry indifference or even with Europe, there is, not .occasionally but habitually, an intolerance Uent satisfaction the tortures and cruelties of the English and a spirit of persecution which would be discreditable to ~ Court of Star Chamber and the Comt of High Commission, a kind Catholic country, but which js doubly di graceful when pro· of double-barreled judicial organization, a Protestant tribunal ceeding fr.om a people who profess to base their religion on the tbat .corre poJJ.ded to the .Spanish Inquisition and that did the right of pril.a.te judO'ment." (History of CiTUization in Eil'g same: bloody work, but upon Cath-0-lics this time. A contributor land, Vol I, p. 264.) t1922. ~fjj0NG.RE8SION AL REC01®-][0UBE. 12359 l\Iark you, my colleagues, these "'historians ~ust relied a-re all j men to 1 be 'tauglit the evangel ·of immortality and . ouls to be Prote tant ·histo.rians, ·whose hiswrical w1itings constitute inte-1 •saved. '.And :this ·wondrous ·church, ··which is as old :as Chris gral and important parts of Epglish literature,. the .greatest.au.d :tianity .and•as•universal as·mankintl, -is1to-day, after its·twenty most brilliant of all literatures, with Shake peare, the intellec-· -centuries of-age, as·i:r-esh·and -vigorous and a.s 1fruitful as·on 'the ·tual crown of 'the·wo-rld, as 'the most splendid ornament. · w~y, day .. when ·the Pentecostal 'fiTes •were showe-red 1upon the earth:" 'it may be asked, ·if 'Nations-wants "·to haYe his -readers iknaw ! •,Why .not ·.also give this •-Comrades and 1compatriots•of the Ku •the ·truth, 'in order that 'they-may be ·made free, does 1he n~ot ·Klux 'Klan .the benefit of 'the estimate of Macaulay, who, in 1 give ..;ome of these quotations to.his readers? 'Does he fear'.'that ·his essay 011 ·Ranke, paid the following eloquent tribute to the ·he would 'lose 'his subscribers -0-rernight and 'be ·mobbed by .the. Church .-of Rome and to ·its history of•nineteen hundred years: 'Ku-.Klux 'Klan besides? , "'T_Vhere 'is·not, and there ·nemr1wa-s on·this.earth, a work ·of -Instead ·()f writing 'long tliscourses on the .canon 'la:ws Uf: :human policy so well rdeserving ·of =examination ·as the .Roman 'Rome, .\vhy does he ·not" give 1.his readers a brief history .·df' ·catholic !Church. 'll'be 'history -of that church joins togethe1· Protestant Puritan life in ·early .c0lonial days-'/ l'f he were a r ,ihe two;great ·ages of·human·civilization. No other institution 'truthful historian he would tell the whole truth ·about the! ·is left--stantling·which carries the•mind •back to ~ the ·times when Massachusetts"Puritans_:how:fbey fled •from 'England to Amer-1 fthe smoke of sacdfiee 1rose 1from the !Pantheon, =and when ""ica, braving 'the torms of the seas 'in coming -and •bloodthi.rstY ·ca:melopards ·and ~tigers bounded 1in !the Flavian amphi ·savacres on arri'ving, in ·order that ' th~y 'm!gb.t ·wo.rship ·Gott thMter. 'The 1proutlest TOyal houses 'tlre ibut of yesterday when ~mighty esihey sawiit. 'Bei:Q:g.a truthful historian, he·would 'I compared with rthe 1line 1of suprem-e 'Pontiffs. (That line ~we then tell his readers how'the 'Putitans, a soon.as they became ·trace back ·in :unbroken .series 'from •the :Pope "Who ·crowned thoroughly established in the ·complete ~joyment of unbounaed •Napoleon .in the :r:iineteenth , eentu:ry to the ·Pope .who 1ci·owned religious .freedom for themselrns, began to persecute ·and im- ,1 ·Repin. rin the,eighth; and.far beyond 1tlle'time.of1Pepintheaugust pri on and mmder the Baptists and Quakers, their Protestant 'd-yn.asty e:irtends till it is lost -in the twilight of fable. .The brethren, who were .-bold, '· brazen, ~and imprudent renough toi Republic 1of'V--enice .'Came ·nex:t in}aiitiquity. •But the'Republic claim •the same1rights a-s ithose enjoyed by the Puritans. .of :Veniee 'was .modem when•compared itO' •the ·papacy, 'and ithe He might tell them the story of how the !Rev. Cotton · lather! ffiepubllc of Wenice -is' .gone and 'the ~ papal!y •remains. 'The tried to. kidnap William Penn and the ! Qun~ · and · s~ll them as! 1papacy·remains, not in ·decay, ·not·a=mere antiqtie, but iful1 1of ;ela.ves rm lBarbado.s .for ":l'Ulil nd Sijgar. IDs .;histo:ri.eal .i:Sketch 1. 'life 1and ~thful •vigor. ·rrhe =Uatholic•Dhurch 'is -still sentling 'gilt be illuminated .and rbe im.ade quite.•entertaining •by tne l ~forth to 'the rfatthest-entls•of ~ the 'World-missiunaries as zealous dnsertionrof -the-;following1letter .by flotton Matber: I ·_as tthose ·who landed in 'Kent 'With ·AuguBtine, ·and ~still 'eon- !SEPTEMBm YE115, .•.l682. i ·fronting .hostile' kings with tfue ·Same spirit ·=with •which 1she To YE :AGED .A:ND 'BELOVED llU&. ''JOHN llrGGINSCYN !'There is •nowl 'Confronted ·Attila. The·nuniber of her·ehildren is~eate-r than at sea a ship called 'the rwelcome ·which has·on ooard•nn1hun- ~ in · anyfformer-age. •a.red or ·more of ·the heretics and"malignants called · Qufik:eTs, "Her ·acquisitions ·in tlre New ·world ~have more ·than -com- rwith W. Perm, who 'is the 'ChiEff scamp, rat the head of them. ipensated 'for ~what -she ·bas ·iost in the old. 1Her · "She has marched for fifteen hundred .Years '('Since rtbe d$1.YS hown ·to lbe false not •only =by commissions ·m :Protestants c a:p- . of ·Constantine) ·at ·the head of civilization, and 'has 'harnessed pointed for the purpose but by court trialsras .well, 11t whieh T.rot "to ·her chariot as ;the' '- horses of ·a "triumphal ·car ·the chief •intel- .estartt ~udges presided and lProteatant juries convicted. ·In ·the lectual and material forces of the 'WOrld; 'her ·ru't, the art -of ·interest of truth and justiee'I ·wi'Sh •to,cite seteral'.instance-s. 'the world; 'her·genins, the ,genius ofthe ·world; ·her ·greatness, 10n ITanuary '29, 1915, -'Hon. William "Kettner, !formerly ·a ~ glory, ~ grandeur, ·and ·majesty thave ~ been almost, though -not Member •of Congress from '0aliforiiia, a Protestant, and ·a absolutely, all that in these l'espects the ·world "has •had 'to "thirtylthird 1 d~gree -Mason, ea.used i:o lre ·inserted ·in 'the CoN- r •boa t ·. of. -Her ·children a-re ·more ·numerous ~han all -the ehil- acted under in tructions from the supreme officer of the order The text of Mr. King's letter follows: in the United States, "~ e -were furni hed a complete copy" of all . PHILADELPHIA, February 2'1, 1913. the work, ceremonie , and pledge used by the order, and that we carefully read, discussed, and examined the same. We MENACE PUBLISHING cO., A.ttrora, Mo. found that while the order is in a sen se a secret association, it GENTLEMEN: Mr. Peter M. MacLaren and myself are asso . is not an oath-bound organization, and that its ceremonies are ciated in the case of libel andconspiracy brought by the comprised in four degrees, which are intended to teach and in Knights of Columbus against Clarence H. Stage and Charles culcate principles that lie at the foundation of every great reli Megonegal, of this city. gion and ernry free state. Our examination of the e ceremoni We notice in your issue of March 1 that you are prepared to als and obligations was made primarily for the purpose of as print and distribute the complete ritual and secret work of the certaining whether or not a certain alleged oath of the Knights Knights of Columbus, and we desire to obtain an authentic of Columbus, which has been printed and widely circulated, was copy of said ritual and secret work for use in the trial of our in fact used by the order, and whether, if it was not used, any clients, since the prosecution alleges that there is no oath taken oath, obligation, or pledge was used which was or would be by candidates for any of the Knights of Columbus degrees. offensive to Prote tants or 1\fasons, or those who are engaged Can you supply us with what we desire and need? in circulating a document of peculiar viciousne s and wicked Our clients have no knowledge of the authenticity of the ness. We find that neither the alleged oath nor any oath or Knights of Columbus oath, having received them in the fir t pledge bearing the remotest re emblance thereto in matter, instance from your company, and they naturally rely upon you manner, spirit, or purpose is used or forms a part of the cere to aid them in their present difficulty, monies of any degree of the Knights of Columbus. The alleged An early reply will be greatly appreciated. oath is scurrilous, wicked, and libelous, and must be the in Yours very truly, venti.on of an impious and venomous mind. We find that the LEROY N. KING. order of Knights of Columbus, as hown by its rituals, is dedi The answer of The Menace was as follows : cated to the Catholic religion, charity, and patriotism. There AURORA, l\Io., March 5, 1913. is no propaganda proposed or taught against Protestants or Mr. LEROY N. KING, l\Ia ons or persons not of Catholic faith. Indeed, Protestants Philadelphia, Pa. and Masons are not referred to direGJ;ly or indirectly in the DE.AR Sm : Replying to your letter of February 27, we wish ceremonials and pledges. The ceremonial of the order teaches to state that we are not in possession of the ritual and secret a high and noble patriotism, instills a love of country, incul work of the Knights of Columbus, but we believe we are in fair cates a reverence for law and order, urges the conscientious way to get it; and the statement in a recent issue of The Menace and unselfish performance of civic duties, and holds up the which led you to believe that we had it in our possession, while Constitution of our country as the richest and most precious somewhat of a bluff on our part, was based on the fact that po session of a knight of the order. We can find nothing in we know that it can be had. You will note. that we printed the entire ceremonials of the order that to our minds could be in our No. 99 the ritual and secret work of the Hibernians, objected to by any person. and we are positive ·that it is authentic. The alleged oath . " MOTLEY HUGHES FLINT, which your clients in Philadelphia were arrested for distribut '' Thirty-thfrd Degree, Past Grand Master ing. was circulated in practically every State during the late of Masons of California. campaign, and the demand upon· us for this document was " DANA REID WELLER, something great, and we had received copies of them from so "Thirty-second Degree, Past Grand Master many sources we simply printed and handled them as we would · of Masons of CarUforma. any other job of printing-to supply the demand-and while we have no apologies to make for so doing, we do not have any " WM. RHODES HERVEY, evidence that the oath is the one which is taken by members of "Thi-rty-third Degree, Past Master and the Knights of Columbus. Ma-ster of Scottish Rite Lodge. We feel sure that it would be folly for you to undertake to " SAMUEL E. BURKE, base your defense on the authenticity of this document. "Thirty-second Degree, Past Master and We note that some of the officials are claiming that it is not Inspector of Masonic District." an oath-bound order, which, of course, is a subterfuge and un Let it not be forgotten, my colleagues, that the committee true. You can depend on them resorting to any method which that framed this report and the Congressman who introduced it they can contrive to bluff away their critics, and if they are in the RECORD were all Protestants and Free Masons and were so bent on vindicating themselves, w~y not ask that they pre actuated in their conduct only by motives of truth and justice. sent in court the obligations which they do take? This would Mr. Speaker, I wish now to tell briefly of two criminal trials be the quickest way to clear the matter up in the minds of the in which the bogus character of this alleged oath was conclu people. sively shown. We are filing your letter and will be on the lookout for any The first was a Philadelphia case and was legally styled thing which we think will aid in the defense of these men. · " Commonwealth of Pennsylvania against Charles l\Iegonegal Trusting that this will be satisfactory, we beg to remain, and Clarence H. Stage." , Yours sincerely, l\Iegonegal and Stage were indicted for malicious libel, and THE MEN ACE PUBLISHING Co. were charged with printing and causing to be printed libelous In suspending sentence under the agreement, Judge Willson, matter-the bogus Knights of Columbus oath-thereby willfully a prominent Presbyterian layman in Philadelphia, said : and maliciously exposing the Knights of Columbus as a body " I think that these cases have reached a very proper con and certain individually named men, members of the order, who clusion, and it is, in my judgment, quite suitable that, in ac were complainants, to public hatred, contempt, and ridicule, to cordance wlth the desire of all parties concerned, sentence theil· great damage, disgrace, scandal, and infamy. should be suspended in the cases. At a p1~eliminary hearing before the trial l\!egonegal stated "Great care ought to be taken that no injustice should be that he had bought copies of the bogus oath in bulk from The done by written or spoken words to either individuals or in Menace before starting to print it on his own account. stitutions. It is not at all strange that the prosecutors in these On Friday, January 30, 1914, l\Iegonegal and Stage appeared cases should not have been willing that the opprobrium which in the quarter sessions court before Hon. Robert N. Willson, would naturally arise if the publications complained of had presiding judge, to answer the indictment against them. Me been founded in truth should be allowed to exist. gonegal pleaded guilty and Stage nolo contendere, meaning " I am personally glad to hear from the head of the order or that the truth of the charge was not denied, the district attor society referred to what he has said in regard to the matter. ney having previously agreed that sentence be suspended in "Though not of the same faith, I realize fully and without consideration of these pleas. reluctance that the church with which that society is affiliated Attorneys MacLaren and King, counsel for the defense, accomplishes a vast deal of good. Its activities should be pro joined in the request to the court for suspended sentence, plead tected from misrepresentation. ing good faith on the part of their clients, who, they said, had " I may add that my personal acquaintance with l\fr. received the" oath'? from The Menace, of Aurora, 1\fo. Flaherty, the head of the order in question, leads me to accept As evidence that their clients had been deceived, they pre his statement without hesitation." sented to the court a copy of a letter sent to The Menace by The distressing conclusion to be drawn from this trial, 1\:Ir. Mr. King, asking the paper's aid in the defense of Megonegal Speaker and my colleagues, is that there are publications in and Stage, and the original of the reply received from The this counti-y whiCh are permitted to pass through the mails Menace. that shamelessly admit that they lie and bluff, and unblush· 1922. CONGRESSIONAL RECORD-' HOUSE. 'I236l tngly• confess· that they ship these> printed lies, and bluffs int Annie Lowi·y~ the pseudO' nun,_whose trail acro-gg the State is job lots and carloads to the detriment of; th.a chara'Cter aml to. ' quite. visible. and.I certainly not en.viable. Suell things· exhibit the destruction of the good names of American cltizens; the strange anomaly of a religion; ~ lov.e- producing the keenest Another case of the greatest interest in.1this- r.egard was tha~ haters and a gospel of peace. engendering strife and animosities entitled " State of Minnesota against A . Mr.. Morrison and Gar- more bitter than the disputes and rivalries of the most profane. field E. Morrison, editors and publishers of the. Mankato · Yours·for the peace of Zion, ,(Minn.) Morning Journal" (Rev.) THOMAS Brr.LING, This· was· an action. of criminal libel brought by one E. M. F'oreman. of Jury. l.awless, editor of the Waterville1 Sentinel, against t\\'() men-· Thanks for lettei:_: A. l\I. Morrison and G. E. Morrison, father and son editors andl DECORAH, IOWA.!, Augmt 11, 1914. publishers ot the Mankato· Morning. Journal,. o:fi·Man1mto, Minn. Rev. THOMAS BILLING, The· HbeL consisted, as.alleged,-in the cha£ging:ofl It.-awless with1 Waterville, Minti._ having taken1 the bogus Knights of. Columbns1 aath. MY DEAR Sm: I thank you very much for your letter of Afteri a long and ·sensational trial the•jurY? returned· a verdict. August 15 and for the promptness of your reply~ of guilty,, which waa read by the forema~ Rev.. Thomas Billing I want to compliment you on the· posit'ion you take in the . a- Methodist minister,. and the.' couut ~osed . a. jail sentence of'. matter and to saY. that, in m;y' opinion, if the Protestant clergy- 30 days on each· of the defendant&, from1whfclL aru.appeal: was1 men in general' took this position they would be held in higher taken. , esteem by the genenl public. An1 interesting correspo:ndence· r.egartlihg- this· trial between , If I can do you a:..favo.D at some future date, I hope that you the Reverend Ml\ Billing· and· Mr. Fred Bierman, 1mb1isher of' . will not hesitate to· call upon: me. the· Decorah (lo.war) Jom'Ila4 was as follows:: · Sincerely yours, FRED BIEBH~N. DEGOB.im:, f&wlt., A.t.iuust 14; 1914. - And lastly,. Mr. Speaker, not only ha-ve Protestant committe~s Rev. T.HoMAs BILLING, ' and' the courts of the country branded' the alleged " oath ,,. as: a Pastor of Metluutist- Oh'lirch~ Wat'erville, Minn. ; lie bnt an election committee of this' House, after careful· ex:- DEAB Sm: r. have noted· with interest that you. were-a juror· amination of the· subject, has done the same. in the prosecution. of A. M. and· G~ Er. ~for.rison, of Mankato,, In the Co:NGBESSmNAL RECORD ot February 15, 1913,. pages fo.r criminaL libel by R. M.. Lawless, of~ the Wate~ville Sentinel. ' 3215· et seq., appears· a report of .the Committee- on. Electlons The reports are- that the jucy unanimou.slY voted for the con- · No. 1 of tiiiS' House, in the contested-electioir.case of Eugen-e-C. viction. of A. M .. and G. E. Morrison. May I not ask you to · ffonniwell· ag--ainst Thomas S. Butler. The coutestant alleged write· me a line. or two, stating wliethen or not this i:epoi;t is a ' that Che· circulation· of the " oath"' against him was libelous fact? And also give me. any bit of information. that may be· and ftad irrfluenced the election to- his disadvantage. ot interest in the case. After reciting tlie " oath;" which is too ihd.ecent to be quoted This antiTCatholic agitation, in. my jµ.dgment, is verY! dis-· ·here; tlie· committee in !ts report said: . creditable.. to. all the- Protestant Chur:ches that do not seek ln1 "This committee -can· not condemn too- strong_ly the publica· the spirit or Christian charity to quiet it. Furthermore, it is, 1 ti.on ·of the false and libelous article referred to in the i>aµer a menace to the best conduct oi political affair-a and breeds a ·of Mr. Bonniwell, and· which was. the spurious Kniglrts of C<>· very regrettable fiitterness and s..uspi.cion among people: who• lumbus oath, a copy of which is- appended t'o the pap~r. It .otherwise would be friends. · also condemns the publication or editorials to excite religious If you have no objection,, [should thank you ver9. much for ·prejudice i~ a P?l~tical ' campaign. No man. should be perse- the privilege of publishing your reply in the J.ourna!. cuted for his religion, whetlier- he be Cathohc or Protestant;" Sincerely, yours ' Notwith:standing the indisputable proofs of the falsity of this f Il'.BED. BIER.MAN. alleged " oath." by Protestant committees, by the courts, and ...... by the Congress, anti-Catholic IJUbllcations and the Ku-Klux The answer: Klan still continue to poison the public mind with, this in WATERVILLE, MINN., A1tgusr '1s, 191'4. famous lie and libel. ?ilr. FRED BIERMAN, Decorah, Iowa. The latest form of persecution directed by fanatics. against DEAB Sm.: Yiours of the l4th1 received. And while I do not the Knights of Columbus is to accuse them of misappropria care- for publicity, mu.st admit that eithen by- the. irony of .fate· tion of' war 'funds· intrusted to them for the benefit of Ameri or. by the hand o:fi Providence I! found. myself up.on· the jury can soldiers of the Great War. Recently I received at my- of empaneled to· find a verdict in.I the• E. M. 1'awlese criminal fice in 'Wa-shington from one Jay W. Forrest, alleged supreme grand· master of· the so-called Sons and DaugJ:U;ers of Washing· libel case against A. M .. and G. E. Morriso~ ot th& Mankato Journal. Ii did1not know until I reached1the court room of the ton, Albany, N. Y., a card which read, in part, as follows: case. Had. I known what awaitedt me tha day I would prob " To the. Cong1-ess of the United States-: ably have been absent when the sheriff came three.quarters of' " We demand that the Knights of Columbus, a secret Roman an hour before the· tnia.1 to summon me. But. when summoned, Catholic organization, be investigated by a committee to ascer did not inquire how· or learn for what pUJJpose. . However, tain what they have. done- with the millions of dollars raised . never ha:ving run away from, anything that looked. like dut:y, by the. American people for the. benefit of the American sol and not being challenged. by either party~ I st<>od mY! ground, diees, turned over to them by the· invisible hand in Washington and notwithstanding: much adverse local cniticism, am glad: to the latter part of 1918." have had the-pri:vilege of helping- to nail' down: so ugly and. d.ia· Then folio.wing this on the card are st.atements,. allegations, bolical a lie as the· pseudo oath. so widely. published· and! at and insinuations that are doobtless as baseless as those con· tributed oo Ed Lawless-was 1 proven to be. cerning; the boguS: Knights of Columbus oath. Furthermore, my. district superintendent and Gther of my I have in front of me, my colleagues, the printed 0 ·Repoct ministerial brethren- (all of whom I haNe: hitherto· met) ha·ve ·o:fi the Supreme Board af DiTectors, Knights.. of Columbus Edu· expressed themselves as being, perfectly at one with me. cational and Welfare Work," for the fiscal year ending Ju.ne The case was very simple. 30, 1922. This report is certified as. correct by Mr. Emanuel 1. The publication of th~ so-called oath in the defendant's Engel, a membe.n of the New York bar and. a certified public paper was proven. accountant, with1oflicea , in the Woolworth Building, New York 2. It.s diabolical character was.· proven. . City. 3, Its. circulation in Waterville was proven· by Rev.. H. P. Mr. Engel is a; non-Catholi.c, and there is no1reason whatever Chapman, pastor of the Congregational Church of' that city. to believe· that he· has certified.J a false account. On the con· 4:. Its utter and complete falsity was· proven. by two· wit tnary,. there is· evel!y r~ason to believe; that the1 account is abso nesses of the highest standing- ill the order, v.iz, Doctor Buck lutely correct The receipts and disbursements, the assets, lia le~-. of St. Paul, by whom or in whose presence the: fourth: de bilities, and reserves are given systematically and in great de· g1·ee· was conferred, om eomplainant Lawless1 and also by: Wil tail. in such detail 8lld' at such length that I do not deem it ex liam' J. McGinley; o.f New Yotk, supreme. secretary of the J}edient to insert them in the RECORD. I will gladly submit the order and custodian~ of all the written and oral work. _printed report to any Member of the House who w>ishes, to The first ballot sto.od 9, to 3 for conviction. The· second examine it. It. waft e.vidently- issued by the Knights of Columbus ballot! stood 10 to 2 for conviction, and the third was unanir fo~ the inspection: and examination of the. g"ffieral public. mous full conviction. The verdict was foll-0wed by a sentence- of I will merely. state- that. the- account shows that the Knights 30 days far each of the. defendants in the county jail. The a:f Golnmbus reeeiwti·d from the twa. sources, ( 1) Knights of case, however, is appealed to the district court· in September. Columbus, dclve w total ot $15,280,503.76, and- (2) from the The case was the result.of an anti-CatholkSIJil'it (.w.hieh has nnitro war-work campaign a• total: of $26;862,5.92.69, making. a. had other deplorable results), stirred! up by, · the alhrent of grand total Of $42,093,096.45. 12362 CONGRESSIONAL RECORD-HOUSE. SEPTEMBER 11, When the disbursements are subtracted from the receipts, th~t. Proteatants and Catholics had been equally guilty of the amount shows a balance of $7,879,104.11, and the printed relig10us persecution and oppression. They also knew that statement concludes with this paragraph: both Catholics and Protestants had ·fought the battles of the DISPOSITION OF BALANCE UNJllNCUHBEBED. Revolution successfully side by side, had suffered together at Valley Forge, had both upheld the arms of Washington at every Balance unencumbered as of July 1, 1922 ______$7, 116, 370. 51 turn, and together had triumphed gloriously at Yorktown. These reflections impressed the framers of the Constitution Estimated budget for fiscal year with a holy magnanimity, imbued them with a divine gener beginning July 1, 1922 ______$2,094,370.51 osity, and blending their patriotic counsels, they said: In Estimated requirements for con building our Constitution, the great instrument of our new tinua tion and extension of ac Government, we will for~-et the horrors and barbarities, the tivities for five years beyond cruelties and atrocities of the religious persecutions of the Jone 30, 1923, for hospital .serv past. We will forget the burning of Savanorola by Catholics ice, correspondence courses, gen and of Servetus by Protestants. We will forget both the Oath· eral administration, sundry re olic Spanish inquisition and the Protestant English Court of quirements (chaplains, insur- High Commission. We will only remember that almost simul ance, etc.), and contingencies__ 5, 022, 000. 00 taneously Roger Williams, a Protestant, in the forests of Rhode 7,116,370.51 Island, and Lord Baltimore, a Catholic, in the wilderness of It affords me great pleasure, Mr. Speaker, to call atten Maryland, proclaimed religious liberty to the world, based upon tion to this accounting, which is doubtless correct to a cent. the sublime declaration of the Nazarene, the divine author of It affords we pleasure also to testify personally to the mag their common faith, when he said: Render therefore unto nificent work of the Knights of Columbus during the Great War Cresar the things which are Cresar's, and unto God the things in France, Belgium, and Germany. I was myself a member of that are God's. the faculty of lecturers of the American Expeditionary Forces Washington, the immortal first President of the Republic, ex University at Beaone, France. I had occasion and opportunity pressing his own views rui well as indicating the sentiments of to study the fine work of all the great religious and charitable his compatriots of the great convention, once said. American organizations. l\lany times have I stood and watched "If I could have entertained the slightest apprehension that agents of the Knights of Columbus, standing in front of their the Constitution framed in the convention, where I had the booths, huts, or tents inviting soldiers to come in for refresh honor to preside, might endanger the religious rights of any ments, and never once did I hear even a suggestion of religion ecclesiastical society certainly I would :1ever haYe placed my or denominational adherence. The doughboys were given sand signature to it, and if I could now conceive that the General wiches, chocolates, or drinks, and were then sent away with a Government might be so administered as to render the liberty blessing and a Godspeed, without question or comment con of conscience insecure I beg you will be persuaded that no one cerning any religious or denominational profession. And the would be more zealous to establish effectual barriers against very last thing that I remember when our train pulled into the horrors of spiritual tyranny and every species of religious Brest from Paris loaded with American soldiers homeward persecution." bound was the presence of Knights of Columbus men, together Thomas Jefferson, expressing the same patriotic sentiments with representatives of other welfare organizations, shouting in condensed form, once wrote : welcome to the happy doughboys and showering them with " I have sworn upon the altar of God eternal hostility against sandwiches, chocolates, and candies. every form of tyranny over the mind of man." I remember, too, that there was no mention of religion there. In the same tone and tenor James Madison wrote: Such a thing would have been despicable and mean, for every "Religion, or the duty which we owe to our Creator, and the train from Paris brought Protestants, Catholics, and Jews, manner of discharging it, can be directed only by reason and indiscriminately mingled; great, strong-limbed, ruddy-faced conviction, and not by force or violence. The religion, then, of youths in khaki, with brows crowned with laurels of victory every man must be left to the conviction and conscience of fresh from the battle fields of France where they had covered every man to exercise it as these may indicate. This right is themselves and their country with glory at Chateau-Thierry in itself an inalienable right." · and in the Argonne Forest. And when I think of those splendid Line upon line and precept upon precept this cumulative days of national exultation, of magnanimous and generous self creed of religious freedom has come down to us from the lips forgetfulne s, of distinctions in politics and religion buried in and lives of all our statesmen, heroes, and patriuts, and has supreme patriotic enthusiasm and emotion, and then am com marked every step of our progress toward a marvelous and pelled to consider and contemplate the meanness and degen magnificent destiny. eracy of the race prejudice and religious bigotry of this But, Mr. Speaker, all this is to be now reversed if the Ku day and time, I am alternately angered and made sick at Klux Klan can have its way. Protestants are to be secure, but heart. Catholics and Jews insecure, in their rights of religious free lllr. Speaker, I am neither Catholic nor Jew. I am a Presby dom. We are to return to those days of bigotry and persecu terian Protestant, and I hold the tenets of my faith as dearly tion that the fathers in their wisdom believed they bad blotted as does any man. But I despise racial intolerance and re forever from the minds and memories of men. God forbid I ligious bigotry, and I hate per ecution as I do the spirit of the Roman Catholics, I respectfully submit, Mr. Speaker and my devil and all his ways. I believe that the best hope of this colleagues, are entitled to complete religious freedom as a Republic lies in the maintenance forever of the groundwork of matter of " inalienable right," in the language of Madison. religious freedom upon which the fathers founded it. When But aside from this inalienable right, of which no human that foundation crumbles I believe that the Republic will crum agency can legally rob them, Catholics have earned this con· ble with it. stitutional right as statesmen in the councils, generals in the Civil liberty was not born in .America. It was born in Catho tents, and soldiers in the ranks of freedom. lic England, at Runnymede, in 1215, more than 300 years be Time does not permit and the occasion does not demand a fore Prote tantism appeared upon the earth, when Catholic calling of the roster of Catholic great names in the annals of barons wrung from King John the famous Magna Charta, the the Republic. Nevertheless, Catholic deeds and achievements foundation of all Anglican and American civil freedom. enrich the pages of all our history. America's distinct and priceless contribution to the political Charles Carroll of Carrollton, the Irish Revolutionary pa civilization of the earth was in the gift of religious freedom triot, was a signer of the Declaration of Independence and a to mankind ; in other words, in the framing of a government bosom friend of Washington. that separated church and state forever, and made individual " Saucy Jack Barry, father of the American Navy," whose judgment and conscience the test of man's rights of faith and monument adorns one of the parks of the Capital, was, like worship in matters of religion. many of the seamen under him, an Irishman and a Catholic. Excepting a few years in the reign of Constantine, beginning Gen. Stephen Moylan, appointed by Washington, was a in the year 313 of our era and ending with the death of that Catholic and the first quartermaster of the Revolutionary Army. monarch, there was no religious freedom upon the earth until It is a well-known fact that the Friendly Sons of St. Patrick the adoption of the American Constitution and the founding of met the revolutionary bankrupt Government's appeal for finan the American Republic. That is, there was no separation of cial aid with a subscription of over a half million dollars. church and state and no legal religious freedom. Thomas Fitzsimmons, a Catholic merchant of Philadelphia, The founders of the Republic who gathered at Philadelphia made an individual subscription of $25,000, a vast sum at that in 1787 had the history of mankind before them for inspiration time. and instruction. They were deeply familiar with all the bloody Our later military history hrui been adorned by the illustrious religious wars that had cursed the human race. They_ knew names of Meagher, Ewing, Sheridan, and Rosecrans. 1922. CONGRESSIONAL RECORD-HOUSE. 12363 The Supreme Court of the Nation has been ably presided the President, the Congress, and the courts, will rule us. They over by two great Catholic jurists, Taney and White, Chief boldly assert that we are even now threatened with Catholic Ju tices. domination, and they point with alarm to numerous offices held The Senate of the United States has been adorned by the by Catholics under the State and Federal Governments, as if brilliant state manship of many Catholic Senators, notable Catholics were not constitutionally entitled to hold offices if among them being General Shields, whose statue stands in the people see fit to elect them. Statuary Hall, who was the hero of two wars-the Mexican In their fear and trembling that Catholics will seize the Gov and the Civil-and that had the peculiar distinction of being a ernment and overturn the Republic, they do not seem to under United States Senator from three States-Illinois, Minnesota, stand that Catholics do not now hold and that they have never and Missouri. held public office in America, except in a few large cities, in Every grammar-grade pupil in the public schools knows the proportion to their percentage of the general population. There history of Catholic activity and achievement in the discovery, are approximately 16,000,000 'Catholics in the United States, exploration, and settlement of America. The first names taught about 17 per cent of the whole people. But, except in a few him are those of Columbus, Americus Vespuccius, De Soto, cities, like Boston, New York, and Chicago, they do not llold Balboa, Cortez, Champlain, Joliet, Marquette, Cartier, La Salle, public positions in proportion to their numbers. and Iberville, all Catholic heroes and explorers. He no sooner On a proportional basis Catholics would be entitled to about learns of the discovery and settlement of America than his 76 Members of this House. They have only about 30. They teacher tells him of the great aid of Catholic France and would be entitled to 17 :Members of the United States Senate. Catholic Poland in the establishment of the independence of I understand that they have only five. And what is true of his country. He is thrilled with the mere mention of the Congress is true of nearly every other branch of both the State names of Lafayette, Rochambeau, Fleury, Count de Gras, Pu and Federal Governments of this Union. How we are seriously laski, De Kalb, and Kosciusko, all Catholic comrades of Wash threatened with Catholic domination, then, it is impossible for ington and champions of American independence. me to comprehend. If the grand goblins and king kleagles of the Ku-Klux Klan The silly and p1·eposterous charge that Catholicism is hostile could gather in Lafayette Square in front of the White House to free institutions and identical with a union of church and in Wa hington and oo reminded that of the four heroic figures state is made in the very face of comparatively_recent radical in bronze and marble that adorn the four corners of this square, democratic developments in the histories of two of the most three of them-those of Lafayette, Rochambeau, and Kos powerful Catholic countries ill the world, of Italy and France, ciuskcr--are statues of Catholic heroes, they might be slightly where the separation of church and state is as positive and mollified in their hatred of Catholicism. They might even be in pronounced as in our own country. clined to allow a few Catholics to remain in the country undis What support for their arguments, may I ask, do these anti turbed in the enjoyment of the civil and religious liberty that Catholic agitators derive from the outcome of the Garibaldian • these men with their swords helped to establish. revolution, from the separation of church and state in Italy, The names of Lafayette and Rochambeau, Mr. Speaker, re and from the imprisonment of the Pope in the Vatican by mind us that brave and brilliant and beautiful Catholic France Italian Catholics themselves? What support have they in the bas more than once in a supreme crisis of human history stood separation of church and state in France, the beautiful and in the breach for liberty and civilization. brilliant among the nations, whose chivalric sympathies sent They were Catholic knights under Karl Martel at the nine Lafayette and Rochambeau as ambassadors of freedom to our day battle of Tours that stopped the advance of Mahomet's shores, who~e school children pre ented to our Republic the empire, that preserved western Christian civilization, and that Liberty Godd~ss in the harbor of New York, and whose "Lib gave to Europe Bibles instead of korans and cathedrals instead erty, Equality, and Fraternity" of her famous revolution has of mosques. They were Catholic youths at Verdun who, with reverberated like a splendid anthem around the earth for more faces lit by the eternal Gallic smile and with hearts beating than a hundred years? wildly to the trumpet calls of La Marseillaise, went, like bride What have these anti-Catholic propagandists, who charge grooms to a marriage feast, to death and dust for liberty, that Catholicism is a menace to free institutions, to say when humanity, and civilization. they are told that nearly every Republic on this earth, more In closing, Mr. Speaker, I wish to make vigorous and earnest than 20 in number, excepting the pagan Republic of China and protest against the anti-Catholic propaganda in many sections the United States, is overwhelmingly Catholic in population? of the country that is becoming a menace to the peace of the Far from being antagonistic to free institutions, is there not a Nation, that is furnishing a solemn mockery of our boasted re strong suggestion in this fact that Catholicism and republican ligious freedom, and that would destroy the corner stone of the government are identical? Is there not a further suggestion Republic if allowed to become effective. As a Presbyterian who of republican heredity when we consider that nearly all the believes that there can be no religious freedom for the Protes Catholic races of modern times are direct descendants of the tant unless there is equal religious freedom for the Jew and people of the ancient Roman Republic? . Catholic, I protest against the widespread anti-Catholic agita Are the anti-Catholic agitators, we may ask, ready to declare tion in America. that Catholics of other Republics are advocates of freedom and It is not possible, my colleagues, that the nature and char are friendly to free institutions, while the Catholics of the acter of this propaganda are unknown to you. The purposes United States are hostile and unfriendly? Would not such a are seriously and solemnly proposed and proclaimed by certain charge be a gratuitous insult to the patriotism and an un anti-Catholic organizations and anti-Catholic newspapers to re grounded slander upon the heroic conduct of American Catho strict the political rights of Catholics in America by denying lics in every crisis of our history? Is it not a matter of com them, as far as possible, the privilege of holding public offices mon knowledge that Irishmen, chiefly Catholics, have always under the Government. Could any proposal be more undemo been foremost as defenders of American liberty? Has there cratic and Un-American? Could a more dastardly project be ever convened a single Congress of this Republic in which suggested to undermine the spirit of the Constitution and to Irish Catholic Members were not present and ready to defend destroy religious freedom in our country? And do you know American constitutional freedom if occasion arose and neces that these agitators advocate this religious discrimination in sity required defense? Has there been a single battle field of spite of the fact that Article VI of the Constitution provides this Republic upon which their blood has not richly flowed in that- defense of liberty and of the Union? Then why this unfounded " No religious test shall ever be required as a qualification to calumny, these ungenerous insinuations, these cruel attacks any office or public trust under the United States." upon their religion and their patriotism? And in spite of the fact that article 1 o:f the Bill of Rights Let rue remind my colleagues, in closing, of their exalted provides that- character and of the sacred and solemn obligations resting upon " Congress shall make no law respecting an establishment of them as national representatives of the foremost Republic of religion or prohibiting the free exercise thereof." the earth. If ungenerous and un-American impulses and fierce Do you know that they strangely contend that such a dis and unbridled passions must kindle the fires and stir the hatreds crimination is needed to preserve free institutions and as a of religious bigotry among the people at large, let us here, at means of perpetuating public liberty? Have you stopped to least, in the sacred confines of this Hall, preserve a dignified consider that they seriously contend that Catholicism and des· and patriotic equanimity, n statesmanlike composure, and a potism are identical and interchangeable and that Catholic courageous attitude as the legislative guardians of civil and re domination would be the destruction of free institutions in the ligious freedom on this continent. Let us above all things not United States? These anti-Catholic propagandists tell us that forget that this Republic was not designed by the Revolution if Catholics reach a numerical majority in the country and get ary fathers to be Protestant, Catholic, or Jewish, but was in control of the machinery of government, the Pope, instead of tended as a perpetual asylum of religious freedom, where Prot- LXII-780 12364 CONGRESSION A·L RECORD-HOUSE. SEPTEJ\IBER. 11) estant, Oathollc, and Jew might ea.ch wor hip· .Almighty God tics; because, gentlemen~ if the facts justify the suspicion that after the dictates of his own consctenee -and in his own- way. the job has been created for political considerations, you can The founders of the Republic de igned the· Oonstlttitlorr ·to·~e not make the people believe that political consideration stopped pcrpetual, the generations that followed proclaimed it an im short of filling• the position. Tliat is why you create the posi mortal document, and 'it is our sacred and solemn· duty to help· tion-to put the man• in it. When you go before the tax to transmit it untarnished and undiminished· in beauty and in burdened people this fall with these unnecessary judgeships, stren<>tb to all the· generations that come after us. Any as you may be able to help some individual Members of Cangre s sault upon it should be accounted an accursed act. He who who have gotten these judgeship for their respective districts would despoil it should be execrated as we- would loathe the and for their States, but you must face the people of the coun p1·ofaner of a temple or the desecrator of a· shrine. try as a whole, who are required to pay the taxes for their There is positively no place for race prejudice or· religious maintenance, and you must face the people of the country as a bigotry beneath our fiag. In vain did Washington, marching whole, whom, I believe, do not favor and have virtue enough in Liberty's vanguard. "lead freedom's -eaglets to their feast"; to resent "playing politics" with Federal judgeships. The in vain the p1·oclamation of the Declaration of Independence people of this country are not going· to indorse a policy on the and the adoption of the Constitution at Philadelphia more than part of this administration to make secure the reelection of its a hundred year ago; ·in vain the boniires and orations of the adherents by such a price as this. Nation's natal day, if our boasted liberties are to exist in theory This New Mexico judgeship which is provided in this bill but not in practice, in fancy but not in fact. [Applause.] is not the only judgeship which is provided where no judge The SPEAKER. The time of the gentleman has expired. is needed. In my opposition to this bill when it was b~ore l\Ir. CHANDLER of New York.. l\lr. Speaker, I ask unani the House originally I called your attention to a number of mou consent to extend my remarks in the REconn. others, but this New Mexico judgeship is the rawest deal of Mr. JOHN ON of Washington. Reserving the right to ob them all. It illustrates the lengthS to which you are appar ject. what is the subject, in detail? ently willing to go ; it demonstrates the lengths to which you Mr. CHANDLER of New York. I desire to extend my re are going in "playing. politics" with Federal judgeships, . It me.rks along the lines of what 'the President has said on this is not fair to you; it is not fair to the country; it is violative particular subject. of one of the highest duties ·which you owe to have regara for Mr. Speaker, I renew my request to· extend my remarks in the sanctity of these judicial positions and to keep them free the RECORD. from the fact and free from the suspicion of political jockeying. The SPEAKER. The gentleman from New York renews his No Member _of Congr s, in the House or in. the Senate, has a reque 't to extend his remarks ill the RECORD. Is there ob right to ask the Congress to lay the hand of politics-cheap, jection? palpable,. jockeying politics-upon the Federal judiciary in order There was no objection. . to make sure his reelection. I believe in party loyalty within Mr. VOLSTEAD. Mr. Speaker~ I yield 20 ·minutes to the proper limitations, but there are duties which men owe which gentleman from Texas [Mr. Su:MNERsJ. · are higher than the duties which tbey owe to their party. I Mr. SUMNER of Texas. Mr. Speaker and gentlemen. of the challenge any man on this floor to defend this judgeship, the Hoose, r hope that the Members Of this House appreciate the honorable chairman of the Judiciary Commtitee [Mr. VOLSTEAD] importance of this judge hip bill. By one act .of · Congre s we included. I want to say to his credit that he opposed the cre are increasing the number of Federal judges of 'this conntry by ation of this position. The only critieism that I nave with him 24. I dare say that never in the legislative hi.Story of this coun is that he eve:t . consented to it. Forty-four cases tried in one try with perhaps one exception, has a similar addition been year and we create a new judge for the district. Think of it, made to the Federal judiciary at one time. I believe every gentlemen; we had alre dy added a new judge to each of the Member of this House, regardless of which side he may sit districts of California, a new judge to Arizona, one for the upon, will agree with me that one ~f the highes.t duties ":hich eastern district of Oklahoma, one~ for the northern district of thi Congress owes to the country is to see to· it that neither Texas, and one· for the district of Montana, absolutely sur the ·fact nor the suspicion shall rest against the Federal judi rounding the district of New Menco with.new judges and most ciary that political considerations have entered into the crea considerably over applying that western territory. And now tion of the positions or the clothing of an individual with. judi you are sending an additional judge to New Mexico I What cial authority. Is not that a sound proposition? If it is not, for? Let us be1honest about 't. Is he needed in. that district? then I do not-understand the duty and re ponsfbility which No. Nobody can seriously contend that; I assume nobody here rests upon Members of the American. Congress. will cont.end that he is needed there. Is he needed in any of I call your attention especially, gentlemen, to one ·particular the territory from the Pacific Ocean straight through to the judgeship in this bill, and incidentally I shall refer to some .Atlantic, in .any, of the Western or Southern States? Nobody other ; and upon· facts whictl can. not be controverred, .I 'respect can contend· that he will be needed. there. He can not be used fully challenge tbe right of a Member of the_American Con an;ywhere without transporting him across the continent at gress to vote for this sort of legislation. Federal expense for transportation and $10 per day additional Gentlemen upon the Ieft~hand side of this Chamber have the ;for each -Oay that he is out of his ·distl'ict. Then why is this re ponsiblllty with regard to·· legiSlation now. You · have pro new. judge provided fo.r New Mexico. for a district where he is claimed to the country that this is an administration· of· econ.:. not needed and in. a territory where he can not be used~ omy: Those were word.S, and words only; by· your deedS you Simply, .gentlemen, to help out the New Mexico delegation ill shall be judged. But, gentlemen, there is something far more Congress, or ~ome member of that delegation. you are asked to important inYolved in a bill touching the Federal judiciary than contribute as a matter of politics this Federal judgeship with the mere matter ot dollars and cents. The man who wears the its added burden upon a tax-burdened people. I say with all robe of a· Federal judge tries the citizens of this country for respect, gentlemen, it is a disgrace to the American. Congress. theh' li-ves and their liberties and adjudicates property rights. You ca.IL.not defend, it and you can. not .a.fford to do it. The citizenship of this count1·y have'no power, directly or indl· Mr. YATES. This judgeship for, New Mexico came ·from the rectly broadly speaking, to choo e their Federal ·trial judge . Now let us ee. I ·am referring now to the new j11dge for the Senate, did• it not? Stat~ of New Mex:lco. The·record shows that the judge now pro Ml!. SUMNERS of Tex:as. Yes; it was put on by the Senate. vid d for the State of Nev Mexico-the judge alteady there dur Mr. BUTLER. The gentleman knows that the House con- ing the fiscal year covered by the last Teport of the Attorney Gen ferees objected to it. eral-tried only 44 ca e , criminal and Civil together-44· cases Mr. SU:M.NERS of Texas. I objected to it. only-and yet this admini tration is putting in a ne judge Mr. BUTLER. Was the gentleman one of the conferees~ there. Why? Politic . The ranke t sort of politic ! I hate Mr. SUMNERS of Texas. Yes; and I never signed the con· to say that, but it is a palpable fact. ference report and never ilL row, gentlemen on the Republican ide of the House, I am Mr. BUTLER. I know the gentleman. very well, and I know not claiming any ·uperior merits for the party of whiCh· I am he• will not stultify him elf by doing what he does not want a member. I am speaking to you now because you have the to .do. What I want to know is, how · this judgeship got in.: I responsibility. We mu t not be Democrats and Republicans want to know· the rea on of it. when '\\-e face a question of this sort. Mr. . S~"ERS o:f Tex:as. I wish I could tell you ihow it I tell you that in a time like this, when there are grave ques got in. tionintrs in the hearts of many of the people of this conntrv l\Ir. BUTLER. I voted for the bill originally, thinking there with ~egard to the integrity of their officials, the honestY' of was occasion for me of the additional judge , and I think goYermnental admini tration generally, we can not afford to my friend did. have the suspicion re t against the judge or against the-position Mr. SUMNERS of Texas: -o; I voted against the bill 1:hen. which he holds that his job was created for the sake of poll- I have always conceded that there is need for some additional 1922. CONGRESSIONAL RECORD-. HOUSE. 12365 judges, but we must not permit that need to be taken advantage Mr. SUMNERS of Texas. Wtll the gentleman yield? of, and this bill turned into a pork-barrel affair. Mr. VOLSTEAD. Yes. Mr. BUTLER. Is it not a case of simply having to take this Mr. SUMNERS of Texas. Would the gentleman object to stat judgeship or have no bill at all? ing his judgment as to why they located the judge in New Mr. SUMNERS of Texas. I think not. But I take the posi Mexico? tion, and regard it as fundamental, that in the creation of Fed Mr. VOLSTEAD. I do not think that is material one way eral judgeship positions, it can not be compromised or sacri or the other. The Senate insisted on having the man appointed. ficed for any other consideration on earth, that it must be so from New Mexico, it voted for it, and their conferees insisted that eY"ery man that wears the robe of a Federal judge shall that we ought to allow it. not have attached to him or his office the suspicion that he Mr. BLANTON. Will the gentleman yield? was given the job as a matter of political consideration at all. Mr. VOLSTEAD. Yes. I think that is fundamental. How can you if you make the l\Ir. BLAi.~TON. Will the gentleman state to the House what American people believe that the job has been created for the the expenses in the way of per diem and subsistence are sake of politics-how in the name of common sense are you allowed for a district judge when he is holding court in a going to make them believe in the integrity of the man that place other than where he resides? will take a job of $7,500 from the taxpayers, the people of this Mr. VOLSTEAD. Not exceeding $10 a day for maintenance, country, hard up as the people are, put that money in his besides mileage. pocket, loaf around, and make them believe that he is the Mr. BLANTON. The gentleman spoke of the judge who is right sort of man to try the issues of life, property, and liberty not needed in New Mexico being ent to ~laine. If that should in thi country? If you will defeat the conference report we occur incidentally and he was sent to Maine, we would allow will get the judgeship bill back this session of Congress, and him $10 a day and mileage from New Mexico to Maine, because one that will not stultify a man when he votes for it. [Ap he is holding court in a place other than his residence. plause.] l\lr. VOLSTEAD. I do not think I mentioned Maine or send l\fr. VOLSTEAD. l\Ir. Speaker, I desire to say a few words ing the New l\lexico judge to Maine. in answer. I am very glad of one thing. It has been gener Ir. BUTLER. I mentioned Maine myself to make a rather ally charged in the newspapers that this bill was a pork extravagant supposition. barrel bill that provided for a great many unnecessary judges. l\lr. BLANTON. I know the State of Maine was mentioned. When the bill is here for final pa sage the gentleman from Mr. CHINDBLOl\I. The State of Maine is on everybody's Texas has only been able to stress one instance where he thinks lips to-day. there is anything wrong. Mr. BLANTON. It is to-day. Mr. SUMNERS of Texas. Will the gentleman yield? l\Ir. BUTLER. And will be to-morrow. Let me ask the gen l\fr. VOLSTEAD. Yes. tleman the objection is not to the number of judges that are Mr. SUMNERS of Texas. I voted against the bill originally created by this bill but it is the error or misfortune in the in the House. I cited the instance of New Mexico as illustrat location? ing what I believe is the general character of the bill touching Mr. VOLSTEAD. Even if we agree that it is an unfortunate not only New Mexico but a number of other judgeships. thing to locate one of these judges in a place where we believe Mr. VOLSTEAD. An examination was made by a commis he ought not to be appointed there is no reason for finding sion selected by the Attorney General, composed of three judges serious fault with a bill of this kind. We can not expect to and two district attorneys, for the purpose of determining get all the things we may want; compromise is necessary; we how many judges were needed. They concluded that 30 new have to be reasonable. So long as we do not provide unneces judges were needed if we should clean up and take care of the sary judges, it does not seem to me that we should oppose the business as it is coming in. bill or take serious exceptions. We have done the best we Mr. CHINDBLOM. Will the gentleman yield? could, and the bill on the whole is a very good one. I move Mr. VOLSTEAD. Yes. the previous question on the conference report. Mr. CHINDBLOM. Were these 30 judges who were recom Mr. SUMNERS of Texas. Mr. Speaker, if the gentleman mended to be rotated? will withhold his motion, I desire to ask unanimous consent to Mr. VOLSTEAD. They recommended that 18 should be revise and extend my remarks. rotated, and that we put in other judges so as to make up the Mr. VOLSTEAD. I withhold my motion. number of 30. The SPEAKER pro tempore (Mr. DowELL). The gentleman Mr. CHINDBLOM. And did that recommendation contain from Texas asks unanimous consent to revise and extend his a judge for New Mexico? remarks. Is there objection? [After a pause.] The Chair Mr. VOLSTEAD. It did not; the House conferees were not hears none. The gentleman from Minnesota moves the previous in favor of a judge for New Mexico. But this bill provides for question. a conference of the senior circuit judges of each circuit, to be The previous question was ordered. called here at Washington annually, for the purpose of deter The SPEAKER pro tempore. The question is upon the mining where judges are needed. If judges have not sufficient adoption of the conference report. work in their own districts, they will be assigned to a place Mr. SUMNERS of Texas. Mr. Speaker, on that I demand the where they can work. yeas and nays. Mr. BUTLER. That would include any district, any of the Mr. BLANTON. Mr. Speaker, I ask for a division, and I northern districts? make the point that there is no quorum present. Mr. VOLSTEAD. It would. The SPEAKER pro tempore. The gentleman from Texas Mr. BUTLER. Then this judge of New Mexico could be sent demands the yeas and nays. Forty-siX Members have arisen, a to Maine? sufficient number, and the Clerk will call the roll. Mr. VOLSTEAD. Yes; and he will be sent where he is The question was taken, and there were-yeas 139, nays 78, needed. That was one of the chief arguments used by the Sen not voting 210, as follows : ate conferees to convince the House conferees that the amend YEAS-139. ment for this judge ought to be accepted. It seems clear to me Ackerman Clague Goodykoontz Kelly, Pa. that all of these judges are needed, and that it is only a ques Andrew, Mass. Clarke, N.Y. Gorman Kendall tion of where they ought to be located. It perhaps is unfor Andrews, Nebr. Clouse Graham, Ill. King Anthony Colton Green, Iowa Kissel tunate that one of these judges should be located in New Appleby Coughlin Greene, Mass. Kline, Pa. Mexico, as he might· have been located where it would have Atkeson Crago Greene, Vt. Knutson been more convenient. But there is nothing in the contention Barbour Crowther Hadley Kraus Benham Curry Hardy, Colo. Lawrence that because this man is appointed from New Mexico he will Bird Dale Haugen Lehlbach have nothing to do, because we provide in this bill that these Bixler Darrow Hawley McCormick judges shall be assigned for work elsewhere when it is neces Blakeney Davis, Minn. Hayden McFadden Boles Denison Hays McKenzie · sari to keep the work current everywhere, and there is no Bond Drane Hickey McLaughlin, Nebr. question but that there is a great deal more work to do than Bowers Dyer Hicks Madden the judges can clean up in the next dozen years to come. In Brennan Echols Himes Magee Brown, Tenn. Elliott Hogan Merritt all probability there will be more business than all of these Burtness Ellis Hudspeth Millspaugh judges can care for as the busines of the country increases. Butler Fairchild Hukriede )fondell l\lr. CHINDBLOl\I. Is the gentleman from Minnesota per Cable Faust Husted Moore, Ill. Campbell, Kans. Fish Hutchinson :\loo.re, Ohio sonally convinced that there is enough work for all these judges Campbell, Pa. Fitzgerald Ireland ::\I organ to do if properly assigned? Cannon Fordney Jefferis, Nebr. :Uurphy Mr. VOLSTEAD. There is no doubt about it; there will be C'halmers Foster Johnson, Wash. Newton, Minn. Chandler, N. Y. French Jones, Pa. - Tewton, Mo. more business for the Federal courts to do for years to come Chindblom Fuller Kearns ·orton regardless of the fact that we have these 24 new judges. Cbristopherson Glynn Keller Ogden ff236G · .go GRESSIO ~~L RE00R~HOtIBE. SEPTE1rfBER -11, Osborne lltyttn .Steen~raon ' eltal - Ir.'GtleSt'wtth' Mr. 'MCDrtme. Parker, N. J, Scott, Tenn, Swank 'Vl>lBteAd Batterson, Mo. .Shaw Swing ,wat50n Mr. Xiess with 'Mr.''Deal. ' 'Reece ' breve " Taylor~' Tenn. heeler ' Mr. ea:r 'With; Mr. '0onnilly 'UfrTexas. R a, l\.~Y. ' SiDnbtt "Tilson fWllliams/lU. Mr. Kirkpatrick with Mr. Johnson of' Kentucky. Reed, W. Va. Smith, Idaho Timberlake Wyant 1 ..Riddick .Smithwick .Towner . ates ''Br.' U:>ngwotth'With Mr. ·Kitchin . Roath ·Snyder 'Treadway 'Yt>Ulig · ~r. Granam ·of l>ennsylvania with ·Mr. Linthicum. Rodenberg ,. proul 'Valle Mr. ':rint!herwith Mr. ·Byrns of Tennessee. ' NA.YS...l-'18. 1r. Strang of ennsylvania with 'Mr. ~ Kunz. Almon Evans Lanham 'Ricketts ·Mr. Snell With r. 'Drewry. A well Fairfield Lankford Robsio.n lMr. ·A. 1P. elsan-with ·Mr. Doughton. Bankhead Favrot Lazaro / Rose Beck Gahn Lea, Calif. Sand&s, TeL IJUr. Bittle With 'Mr. 'Humphreys. Blark Garner 'Lea.therwo'Ocl ·Sandlin 1 Mr. Burdick with 'Mr. ·Lar en .of 'Georgia. Bland, Va. Ga1'!rett, Tex. (London Sinclair fr. ~enn~tty with Mr. Bell. Blanton 'Rrurdy . ~ Tex. ...L<>-wrey Steagall 1 Bowling 'Harrison 'McCtlntic Stedman · Mr. No1an 'With'Mr.' Bymes of South'Carolina. Box Hill 'McLnughlln, 'Mitli. tePh~s 'Mr. .Paige·with Mr.:Sears. Briggs 'Houh 'Mansfield S.un:mers, 'Tex. 1 Buchanan Huddleston Moore, Va. TaylOl', Colo. Ir. JBurroughs with l\fr. Cockran. Bulwinkle Jacoway Mo.ores, Ind. .Thomas 11\Ir. Ili:neberger with 'Mr. 'Dominftk. Burke C J:eff~ , 'Ala. ·ouv-er 'Tillman Mr. Porter'With 1\Ir. ~ainey of ~abama. Carew John on, Miss. Pmtlr,tGa. ' Tu~er ·Mr. SChall with Mr. :Pou. Collins ,Jones, !!'ex. ·Pai: ks, Ark. •Tyson Co by unanimous consent, but should be considered by the mem plication, ~and .they are granted the privilege of sending to om~ bership of the committee, and for the present I shall object. N.a v.al ~i\.cademy some one ;whom they desire. Mr. Jn."lJTSON. I think this is just merely an omnibus bill, Mr. 'BLANTON. The gentleman will remember that there I will say to the gentleman. I do not think the.re has been any was a measure before the .House to increase the present mem legislation attached to it. It is nothing but an omnibus bill. bership in the Naval Academy, and the proposition was tu.med .Mr. GARXER. May I ask the gentleman if he is certain that down. I was just wondering whether or not we were going to his statement is correct, that it is nothing but an omnibus pen deprive our own American boys from entering the academy sion bill and has no legislation in it? If he takes the responsi -and then at the same time permit various countries to -send bility of making that statement, I will not object, but my im boys there? pression is, in looking o-ver the proceedings of the Senate, that Mr. STEPHENS. Not at all. There was a disposition to there is general legislation in the bill. reduce the Naval Academy _numbers because we did .not need The SPEAKER pro tempore. Is there objection? so many of them for the future. But this is not ..an expense to Mr. GARNER. For the present, Mr. Speaker, I object. our Government, and it does not take the place of .any boys Mr. XNUTSON. I am informed by the parliamentary clerk, from our own country that need a place, and it is a courtesY. Mr. Speaker, that there are no amendments such as the gentle that has always been extended. man :nggests. Mr. ~LAl'CTON. Does the Netherlands _grant a reciprocal Mr. GAR~TER. Then I withdraw my objection. privilege to the United States? l\fr. RA..'iKIN. Mr. Speaker, 1 was out of the Chamber when Mr. STEPHENS. I do not believe they do, because there is this matter was brought up. I would rather have the ch.air never _any application-1rom the U.nited States to attend any of man of the committee withdraw the request for the present, their naval or military academies in the Netherlands. until members of the committee have an opportunity to look Mr. BLANTON. Will the gentleman advise us why this o'\'er this bill. I am not one of the conferees. privilege should he granted by the United States to any: Mr. KNUTSON. I will say to the gentleman this is about country? the last opportumty at the present session to dispose of . the Mr. STEPHENS. I probably could if I had the time to go bill, and if it goes over now 1t will go over until next winter. into .a lengthy discussion of the custom that has been followed It has been before one House or the other since last winter, here in our country for years and years to .grant this courtesy and I think we ought to dispose of it. I will say to the gentle to different nations in order to give their representaUn•s ap man that if the gentleman from Georgia {Mr. UPSHA w] is not pointment in either our Naval Academy or our Military here, of course it would be ;perfectly ,proper to substitute the Academy. · name of the gentleman from Mississippi [l\Ir. RANKIN]. ·Mr. BLANTON. The only -reason for my taking up the time Mr. RANKIN. Mr. Speaker, I am not asking to go on the of the gentleman by asking this question is this, that when we conference committee. a-re in war we seek to overcome onr enemy by reason of having Mr. KNUTSON. I m.ake the suggestion in order to expedite better trained soldiers and sailOTs. Now, Jf we are g-0ing to this legislation. Otherwise it will go over until next winter, give every country the right to the same knowledge and train and there are some Yery mer!torious cases here for which ing that our soldiers and ::sailors receive in this country, what Members on both si.cles are anxious for consideration at this is our hope of being able to outdo -them in strategy or in any time. other way in war time? The SPEAKER. Is there objection? Mr. STEPHENS. We are only going to give one representa Mr. RA.i~. I sha11 not object. tive. There was no objection. Mr. ·BLANTON. But that representative can go home and SURPLU,S POWER, SALT RIVER BEOLAMA.TIO:N PRO.TEOT. tell his country every single item that is connected witb the training that our naval officers receive in this country. Mr. HAYDEN. l\fr. Speaker, I call up the conference re- Mr. STEPHENS. They can get that anyhow. That is not a port on the bill H. R. 10248. secret. It is open to all countries, the whole public, as to the The SPEAKER. The Olerk will report the bill by title. character of the instruction they receive at the Naval Acadeµiy. Tbe Clerk read as follows: There is nothing secret about that. A bill (H. R. 10248) authorizing the sale of surplus power devel e>ped under the Salt River reclamation project, Arizona. Mr. ·BUTLER. Anybody can get that. Mr. BLANTON. I doubt very seriously the wisdom of it. The SPEAKER. The question is on agreeing to the con- The SPEAKER. The question is on the third reading of the 1erence Teport. Senate re.solution. The conference report was agreed to. The resolution was ordered to a third reading; and haYing [For conference report and statement see House :Proceedings -been read the third time, was -passed. , of August 30, 1922.] On motion of Mi:. STEPHENS, a motion to reconsider the vote CADET FROM THE NETHERLANnS TO THE NAVAL .ACAmm"Y. by which the resolution was agreed to was laid on the table. Mr. STEPHENS. Mr. Speaker, I ask unanimous consent to EXTENSIO~ OF ALLOTMENTS ON CROW RESERVATION, ETC. ·take from the Speaker's table Senate Joint "Resolution 169 and Mr. SNYDER. Mr. Speaker, I move to take from the ask for its consideration. -Speaker's table the bill H. R. 10193 and concur in the Senate The SPEAKER. The gentleman from Ohio calls up a Senate amendments. resolution. Has it been ]>assed by the House? The SPEAKER. The gentleman from New York calls from Mr. STEPHENS. 1t bas been passed by the Honse and the Speaker's table and asks to concur in the Senate a-mend passed by the Senate. ments, a bill which the Clerk will report by title. The SPEAKER. It is a Senate resolntion similar to a bill The Clerk read as follows : that bas already been passed by the House. The Clerk will A bill (H. R. 10193) extending time for fillotments on the Crow report the resolution. Reservation; protecting certain members of the Five Civilized ~ibes; relief of Indians occupying certain lands in Arizona, New Mexico, and The Clerk read as follows: California; issuing p.atents in certain cases; establishing a revolving Senate joint resolution (S. J. Res. 169) authorizing the Secretary of fund on the Rosebud Reservation ; memorial to Indians of the Rosebud the Navy to receive for instruction at the United States Naval Reservation killed in the W-0rld 'War; conferring authority on the Academy at Annapolis Mr. Willem van Doorn, a subject ol the Secretary of the Interior as to alienation in certain Indian allotments, Netherlands. .and for other purposes. Resolved, eto., That the Secretary of the Navy be and he hereby ..ls, The SPEAKER pro tempore (Mr. TILSON). The Clerk will authorized to permit Mr. Willem van Doorn, a subJect1 of the Nether lands, to receive instruction at the United States Naval Academy at report the Senate .amendments. Annapolis : Pro'frided, That no expense shall be e.aused to the United The Senate amendments were read. States thereby and that the Bald Willem van Doorn shall agree to Mr. MOORE of Virginia. Mr. Speaker, re.serving the right comply with ah regulations ~or the -police and discipline o! the acad emy, to be studious, and -to give his utmost efforts to accomplish the to object, may I ask the gentleman from New York if any ob course in the various departments ot instruction. and that the said jection has been made to the 1llllelldments? Willem van Doorn shall not be admitted to the academy until he .shall Mr. S..""ITDER. I the have passed the mental and physical examinations prescribed for can .No. h.ave conferred with members of didates from the United States, and that he 1lhall be immediately committee on the other side and there is no objection. These withdrawn if deficient in studies <>r conduct and so recommended by amendments simply clarify the language in the House bill. the academic board. The SPEAKER. The question ls on agreeing to the Senate Mr. BLANTON. Mr. Speaker, reserving the right to object amendments. .. 1n order to ask a question, .may I ask the gentleman .how many The Senate amendments were agreed to. countries are given this privilege by the -United States Gov On motion of Mr. SNYDER, a mo.tion to reconsider the -rote ernment? whereby the Senate amendments were agreed to was lai NATIONAL HOME FOR JEWISH PEOPLE IN PALESTINE. The SPEAKER pro tempore. The gentleman from Minnesota The SPEAKER pro tempore. For what purpose does the moves that the bill lie on the table. The question is on ae-reeinO'0 0 gentleman from New York rise? · to that motion. l\Ir. FISH. I desire to call up from the Speaker's desk The motion was agreed to. House Joint Resolution 322. SUBPCEN AS FOR WITNE SE The SPEAKER pro tempore. The gentleman from New York · calls up from the Speaker's table Hoose Joint Resolution 322. Mr. VOLSTEAD. Mr. Speaker, I ask unanimous con ent to which the Clerk will report. · I take from the Speaker's table the bill S. 3917 in lieu of the The Clerk read as follows: bill H. R. 12355, reported by the Committee on the Judiciary Joint resolution (H. J. Res. 322) favoring the establishment in of the House, being a similar bill. Palestine of a national home for the Jewish people. The SPEAKER pro tempore. The Clerk will report it. The SPEAKER pro tempore. The Clerk will report the The Clerk read as follows: Senate amendment. A bill (S. 3917) to amend section 876 of the Revi ed Statutes. Be it enacted, etc., That section 876 of the Revised Statutes of the The Senate amendment was read. United States be, and is hereby, amended so as to read as follows: l\lr. MOORE of Virginia. Mr. Speaker, reserving the right " SEC. 876. Subprenas for witnesses who are required to attend a to object, may I ask the gentleman to explain the change that c<.mr~ of the -pnited States, in any district, may run into any other district: Pt·ovided, That in civil cases no writ of subprena shall issue has been made in this resolution by- the Senate? for witnesses living out of the district in which the court is held at a l\lr. FISH. Mr. Speaker, I understand that the Senate greater distance .th=:tn 100 miles fro~ the place of holding the same amendment simply struck out the preamble-not all after the '!ithout the perm1ss1on of the court bemg first had upon prope1· applica preamble. tion and cause shown." The SPEAKER pro tempore. All of the preamble. Mr. MOORE of Virginia. Mr. Speaker, reserving the right Mr. MOORE of Virginia. Then the resolution remains ex- to object, am I correct in understanding that this bill, if the actly the same as when passed by the House? Hoose proceeds with its consideration, will be open for amend4 Mr. FISH. Yes; except the preamble. ment? The SPEAKER pro tempore. The question is on agreeing Mr. VOLSTEAD. This ls open for amendment. to the Senate amendment. Mr. MOORE of Virginia. There is at least one important The Senate amendment was agreed to. amendment that ought to be adopted. With that under tand4 .ADDITIONAL FEDERAL JUDGE • ing, I shall not object. l\~r. VOLSTEAD. I think we have the right under the rule l\Ir. VOLSTEAD. Mr. Speaker, I move to lay on the table to bring it up, anyhow. Senate bill 1288, for the purpose of clearing the calendar. I Mr. Speaker, the only change that is made in this bill from have ·a number of them that I would like to lay on the table, the present law is found in the last two or three lines with becau ·e they are embodied in the general bill which has just respect to permission to bring a witness more than 100 'miles been pas ed. provided the court gives consent. Heretofore you could only The SPEAKER pro tempore. The Clerk will report the bill. get them across the district line if the district was within 100 The Clerk read as follows: miles of the trial court. This bill gives discretion to the trial A bill (S. 1288) to provide tor the appointment of two additional court to determine whether he shall be brought or not. It i judge of the Di trict Court of the United States for the Southern bistrict of New York. not an .arbitrru·y power given, but it is to be controlled by the The SPEAKER pro tempO"re. The question is on agreeing court. to the motion of the gentleman from Minnesota. · Mr. LOl\TDON. Mr. Speaker, will the gentleman yield? · The motion was agreed to. Mr. VOLSTEAD. Yes. Mr. VQLSTEAD. l\fr. Speaker, I also morn to lay on the Mr. LONDON. I assume that the permission can be granted table the bill S. 2089. by the court, on an ex parte examination, to the party de~ ir The SPEAKER ·pro tempore. The Clerk will report it. ing it? The Clerk read as follows : Mr. VOLSTEAD. That may be true on proper application A bill (S. 2089) authorizing the appointment of an additional judge on cause shown. Of course, that would be within the discre. for the distlict of Minnesota. tion of the judge, if he would require the witness. It natu The SPEAKER pro tempore. The que tion is on agreeing rally would ham to be granted on notice to the opposite party to the motion of the gentleman from Minnesota. I presume. There are two parties to the suit-that is, if th~ The motion was agreed to. defendant has appeared. l\Ir. VOLSTEAD. I also move to lay on the table Senate Mr. PARKER of New Jersey, Mr. Speaker, will the gentle4 bill 1254. man allow n.e? The SPEAKER pro tempore. The Clerk will report it. Mr. VOLSTEAD. Yes. The Clerk read· as follows : Mr. PARKER of New Jersey. The danger of this ktnd of A bill ( S. 1254) providing for the appointment of an additional legislation, as I understand it, is that some court trying a ca e, district judge in and for the eastern district of Michigan. I do not care where, may make an order holding that some The' SPEAKER pro tempore. The question is on agreeing prominent man in New York is a material witne , and that he to the motion. should be brought from New York to some distant State I The motion was agreed to. w~ not name any State. There is a great deal of prejudice Mr. VOLSTEAD. I also move to lay on the table the bill agrunst the power to take a man out of his State an uncon4 H. R. 2261. scionable distance to be kept until the trial is over. This is The PEAKER pro tempore. The Clerk will report it. not being done by unanimous consent, is it? The Clerk read as follows: Mr. VOLSTEAD. No. · "A bill (H. R. 2261) providing tor an additional judge for the dis Mr. PARKER of New Jersey. I think thi is a dangerous trict of Montana. bill in its present form. There ought to be consent of the The SPEAKER pro tempore. The question is on agreeing to court in the jurisdiction from which the mn.n is to be taken as the motion of the gentleman from Minnesota. well as of the court in the jurisdiction to which he is to be The motion was agreed to. taken. · Mr. VOLSTEAD. Mr. Speaker, I also move to lay on the Ur. VOLSTEAD. This is asked for by the Attornev Gen4 table the bill S. 395. eral for the purpose of enabling him to try the e war4fraud The SPEAKER pro tempore. The Clerk will report it. cases. The Clerk read as follows : Mr. PARKER of New Jer ey. It will be used in ordinary A bill (S. 395) providing for an additional judge for the district of small civil cases. It is one of the most dangerous powers in Arizona. the world to allow a judge who wants to make a reputation The SPEAKER pro tempore. The question is on agreeing to to summon all the big bankers of New York to attend hi the motion of the gentleman from Minnesota to lay the bill on court. the table. Mr. VOLSTEAD . . The gentleman is afraid for New York, The motion was agreed to. is he? Mr. VOLSTEAD. Mr. Speaker, I also move to lay on the Mr. PARKER of New Jersey. No; I do not come from table the bill H. R. 6648. · New York. I will ta.ke it from the gentleman's own State. The SPEAKER pro tempore. The Clerk will report it. Suppose all your big millers were ordered to come to some other The Clerk read as follows: State. A bill (H. R. 6648) authorizing the appointment of an additiona,1 l\Ir. LONDON. Why not confine it to actions where the judge for the district of Minnesota. Government is the plaintiff? That would do what you desire. 1922. CONGRESSIONAL RECORD-· HOUSE. 12369 · It ould ·giTe the po-we to the .Attorney General in the cases Then next he said, 11 Give me a special grand jury and I will that he wishes to apply it in. If we confine this extrMrdinary carry out the pledge we made." We gave him the special g~and right to case here the Govemment is a plaintiff, that will jury, and now here in the· closing hours of this session, just be sati:fy the .Attorney General. fore the campaignJ be comes along and says that the United Mr. YOUNG. To case heTe the Government is a party, States Government can not afford to use the ordinary processes,, either plaintiff or defendant. even 1n these civil cases of war frauds, but that the United States Ir. LONDON. Where the Government is a party. Government is so discredited in the outlying districts of the Mr. PARKER of New Jerse-y. Did not the gentleman from United States that he proposes to bring the suits in the Dis Minne ta ask tmanimo-us consent to substitute the Senate trict of Columbia, and that you must give him the right to bill? bring witnesses from any part of the. Nation. That is what is The SPEAKER pro tempore [1\lr. TrLsoN]. The gentleman proposed by this bill. Then going further, he says, "We de from Minnesota caned up the bill for consideration. sire not to bring suits in any other district in the United l\!r. PARKER of New Jersey. I object. States, but we want the right to join two or more citizens of 1\Ir. VOLSTEAD. The gentleman can not object. the United States in a civil war-fraud action, and not to bring Tbe SPEAKER pro teinpore. The gentleman from Minne the suit in the domicile of either one of them, not to bring it sota called up the bill as a matter of right. where you may ·find them, but to bring it where the cause of Mr. PARKER of New Jersey. The gentleman bad on the action may have arisen on the war contract, in the District of calenda1· his own bill. He moved to substitute the Senate Columbia." That is what the Attorney General of the United1 bill° for it. That has to be done by unanimous consent. States now says. That is his last excuse. I think it is ex Mr. VOLSTEAD. I called up the Senate bill because it is traordinary. I have told representative Republicans, " If you substantially the same as tbe House bill that has been re- will limit this to 12 'months or even to 3 years, I will be will ported and is on the House Calenda1'. . ing to stand out of the way." I am going to stand out of the Mr. PARKER of New Jersey: But that can not be done way. I do not want any excuse for this Attorney General. except by unanimous consent, and I object. Give him what he now asks. For two years he has played.1 The SPEAKER pro temp-0re. The rule is clear that bills ping-pong with this matter. It is a disgrace to you as well of similar substance may be considered in this way. The as to us. I know the humiliation of good Republicans. You, Chair overrules the point of order. - have got to give him this extraordinary remedy; but let us Mr. PARKER of New Jer ey. Is there no difference in the hope that when we give it to him he will do more than he has bills? done so tar. [Applause.] Mr. VOLSTEAD. No ; except that the word "trial '' is Mr. LONDON. Mr. Speaker, I offer an amendment. stricken out; but it must be the trial court anyway. I yield Mr. VOLSTEAD. I do not yield for that purpose. What is five. minutes to the gentleman from Arkansas [Mr. WINGO]. the amendment? Mr. WINGO. Mr. Speaker, this bill embodies part of the Mr. LONDON. I want to offer an amendment to include provisions that were in the motion of the gentleman from Min after the words "civil cases" the words "in which the Gov nesota. [Mr. VOLSTEAD] the other day, to suspend the rules and ermnent or any officer thereof is a party." pas a bill which he made up by adding togethe1· parts of two Mr. VOLSTEAD. That would limit it beyond the present bills, as I recall. Ia w and as to anybody else. Mr. VOLSTEAD. All of two bills. Mr. MOORE of Virginia. Mr. Speaker, will the gentleman Mr. WINGO. Two bill-a. I objected to that procedure at yield to me a few minutes? that time because I thought a serious matter like this ought ~fr: VOLSTEAD. Yes. Will five minutes be sufficient? not to be passed by uspension of the rules, but that it ought Mr. MOORE of Virginia. Yes. to be passed only after full consideration and With the right of Mr. VOLSTEAD. I yield to the gentleman from Virginia the House to amend the bill. five minutes. Here is what the gentleman from Mlnnesota [Mr. VoLsTEXD] Mr. MOORE of Virginia. Mr. Speaker~ I am not antagoniz wants to do. He wants to give the Attorney General the right ing this legislation. I suppose if the, Attorney General believes in the war-fraud cases to subprena witne-s es and bring them he needs additional power in order to carry on this business. to Washington, although they may be more than 100 miles of his office, we ought to give it to film. I do agree, however., away. Of course, I do not think this bill is going to do that with the gentleman from Arkansas [Mr. WINGO] that it would without the amendment which the gentleman from Virginia [Mr. MooRE] will suggest or offer. I think he has got to amend his be very unwise to pass the bill without attaching a time limit bill by referring specifically to the courts of the District of to its operation. I think, furthermore, that it would perhaps be proper to amend the bill so as to vest in the courts discre Columbia; but, anyway, that is what be was trying to do. tion as to the allowance of compensation to witnesses from a Now, it not only does that for this extraordinary purpose, but very great distance. But there is a further matter to be con it makes it permanent law, and I do not think it e0ught to be sidered. The hearings on the bill have not been printed, but made into permanent law. But we all hate to be put into the I have read the typewritten report of the hearings, and the attitude of doing anything that will stand in the way of the confessed general purpose of the bill is to locate proceedings in 'Attorney General prosecuting these war-fraud cases. My can the District of Columbia. I think it is. fairly clear from the did judgment is that what the Honse ought to do is-to give the provisions of existing statute that to pass the bill in present .Government the special right for 12 months, in these civil its cases, to subpcena witnesses, upon the approval of the court, form would not serve that purpose. The bill should be where the distance is more than. 100 miles, and to bring the amended, and a very simple amendment will accomplish what suits here in the District of Columbia, as the gentleman seeks I have in mind, so as to make it relate specifically to the Dis to do in the other bill. That would give the Attorney General trict of Columbia. It is true the bill refers to "districts." this extraordinary remedy in order to meet this extraordinary That means judicial districts, and while the District of Co situation. But the gentleman does not do that. Let me say a lumbia is a geographical district it is not a judicial district .word to my Democratic friends. We all appreciate the danger within the mea.ning of the Judicial Code. In order to clear of this, just as I do, but we are up against this proposition, up any doubt and surely effect the pur:pose in view, I am going to suggest to the gentleman 'that this language be added as an that from the standpoint of the Government we do not want the to put one stone in the .,;ay of the Attorney General in prose independent sentence at the end of bill : cuting these war-fraud ca He has made first one excuse The word " district" and the words " district court " as used herein shall be construed to include th~ llistrict of Columbia and the Supreme and then another for not doing it now for nearly two years. Court of the District of Columbfa. You remember in the last campaign, two Y,ears ago at this. time, gentlemen up-on the Republican side went upon the- stump If that is done, no doubt will exist. If that is not done, the and led the voters to believe, " If you will just put us in power provision will be left open to construction upon the question and give us charge. of the Department of Justice, we will have being raised by counsel in the cases that will be brought here. these war-fraud criminals in Federal jails so thick that their Mr. VOLSTEAD. Will the gentleman hand his amendment feet will be hanging out of the windows." Time. has passed to me? on., and where are they? Name the men that they hav.e put Mr. MOORE of Virginia. I offer the amendment, Mr. in prison. They have offered first one excuse and then another. Speaker. Finally, Republieans upon that side, patriotie men, got after Mr. VOLSTEAD. If the gentleman will give the amend~ their own Department of Justice some months ag-0 and threat ment to me, I willi offer it. I do not want to yield the floor. ened impeaehment, and then.. Mr. Attorney General got buey, Mr. MOORE of Virginia. I will hand the amendment to the and he said, " Oh, yes ; just give me an extraordinaril.y b1g gentleman. fund. Let me employ a w.hole lot of lawyers and I will. g~t 1\1r. VOLSTEAD. Mr. Speaker., I offer the amen:dttlent. busy." The House said, "All right; we will let you do tbat.t' The SPEAKER. Tbe gentleman from Minnesota offers an So be stuck upon the pay rolls a bunch of high-priced lawyers. amendment, which the Olerk will report. 112370 CONGRESSIONAL RECORD-HOUSE. SEPTEl\IBER 11, Thu Clerk read ns follows: The bill was ordered to be read a third time and was read ~i\. uiendm ent offered by Mr. VOLSTEAD: Page 1, line 1:!, after the the third time. word " hown " and the period insert a comma and the following l\1r. BLANTON. Mr. Speaker, I mo"e to recommit the bill sentence : " The word 'district' and the words 'Di trict of Columbia' to the Committee on the Judiciary. ns u ed herein hall be con trued to include the District of Columbia and the Supreme Court of the District of Columbia." Mr. JONES of Texas. Mr. Speaker, I offer an amendment to the motion to recommit. I move to amend the motion by The SPEAKER pro tempore. The question is on agreeing recommitting it to the Committee on the Judiciary with in to the amendment. structions to report the same back forthwith with the following The amendment was agreed to. amendment: At the end of the second section in ert the fol l\lr. VOLSTEAD. Mr. Speaker, I move the previous ques lowing: tion on the bill and amendments to the final pas age. This amendment ball be effective for a period of three year after l\fr. JONE of Texas. Mr. Speaker I under tood when the the date of the pa age of this bill, after which time section 816 of bill wa first brought up the gentleman from Minnesota made the existing law shall be and remain in full force and effect. the tatement that the bill would be open to amendment. The SPEAKER. The Clerk will report the amendment. l\lr. VOLSTEAD. It is, just the .. ame as any House bill is Mr. JO}."'ES of Texa . I ha"'e not the amendment reduced to open to amendment. writing, but will do so immediately. l\Ir. JONES of Texa . Does not the gentleman think it would l\1r. WINGO. Will the gentleman from Minnesota yield while be well to put a time limit of three years on this, so that it will the gentleman from Texas is reducing his amendment to not be enacted into permanent law? After the war-fraud case writing? are di posed of it will be a serious matter to require witne se Mr. VOLSTEAD. Ye . to cro s the continent in general civil ca e . I do not see Mr. WL~GO. A I under tand the gentleman's motion to any pron ion made for payment to witnesse outside- of the recommit and the amendment he has offered it is simply that usual fee . Are they to pay anything for the extra travel of this extraordinary right shall exist for a period of three years, a witne s coming from San Franci co? at the expiration of which time the present existing law shall Mr. VOLSTEAD. Ob.J they haw got to be paid their fee ; be re\ived and be in full force and effect? you have to tender them the money. Mr. VOLSTEAD. Yes; and I ha"e no objection to it. I do Mr. JONES of Texu . You do not have to tender them mile not think it is necessary, but I have no objection. age in advance; you do have to tender them the fees for at Mr. WINGO. And the gentleman will accept the amendment? tendance, but you are not compelled to tender them the mile l\lr. VOLSTEAD. I will accept it. • age. Unless they make affidavit of their inability to pay they Mr. Wll,"GO. Will the gentleman yield for another question? can not collect the mileage in advance. I think the gentleman l\lr. VOLSTEAD. Yes. · should con ent to this being limited to a three-rear term. I Mr. WIKGO. This is one of the bills which the gentleman under tand the Department of Ju tice does not object to a time embodied in hi motion to suspend the rule the other day. limit. I would like to see them begin on the e fraud ca es and The other bill is S. 3918, that passed the Senate on Saturday. prosecute them to the limit. It mar be that such a limitation Is it the gentleman's intention to call that up to-morrow? will cause them to begin sooner, and the ooner the better. Mr. VOLSTEAD. I intend to call it up immediately. Mr. VOLSTEAD. What form of an amendment doe ~ the gen· Mr. WINGO. But it has just been reported. tleman suggest? It doe not seem to me that thi proposition Mr. VOLSTEAD. It is on the Speaker's table. is at all dangerous, and I see no reason why we hould cover 1\Ir. WINGO. I doubt if the gentleman can call it up to-day, it up with any such amendment. but I may be in error about that. Mr. JONE of Texa . Let me make this uggestion. After The SPEAKER. The Clerk will report the amendment to the thi has run along a while and it becomes a customary thing motion to recommit offered by the gentleman from Texas, Mr. to take a witness acros the country and application is made JO:\"ES. to have a witness brought from a certain place, the witness The Clerk read as follows : will not be there to show why he can not attend. The attor Mr. JONES ot Texa moves to recommit by inserting that the bill be recommitted to th Committee on the Judiciary, with instructions to ney that represents the litigant will go to the court and show report the same back. forthwith, with the following amendment : that it is an important case and that here i a witne s in ~1on " This amendment ha.II be effective for a period of three years after tana, or California, or Wyoming, or Colorado, and they would the date of the pas age of thi act, after which section 876 as it exists like to have him in attendance. They pre ent one side of the in the present law shall be and remain in full force and effect." ca e and the court makes the order and the witness is dragged Mr. VOLSTEAD. On that I move the previous question. clear acros the continent. I am in accord with the stated pur The pre\ious question was ordered. po e of the gentleman's bill, but I do think there ought to The SPEAKER. The question is on the amendment to the be thi time limit. motion to recommit. Mr. VOLSTEAD. I have not heard any complaint in regard The amen'1.ment to the motion to recommit was agreed to. to the e things. The SPEAKER. The question is on the motion to recommit Mr. JO:NES of Texa . The gentleman ha heard complaints as amen(Jed. of witne ses being dragged great di tance and forced to leave The motion to recommit as amended was agreed to. their business and attend court. and at any rate if he makes a Mr. VOLSTEAD. Mr. Speaker, I report the bill back with permanent law, applying to all civil ca e , he will hear many the amendment. comp la in ts. The PEAKER. The Clerk will report the bill as amended. l\Ir. HILL. Will the gentleman yield? The Clerk read the bill as amended. Mr. \OLSTEAD. Certainly. Mr. HILL. Mr. Speaker, as reported is it in order to offer l\fr. HILL. Suppo"' e there i an ordinary patent litigation an amendment to this bill? in the district of l\laryla.nd, if this act is pas ed could a witness The SPEAKER. It is unless the previous que tion is moved. be ummoned from any district in the countr~· ? Mr. HILL. I therefore offer the following amendment- l\1r. VOLSTEAD. I presume so. Mr. VOLSTEAD. l\Ir. Speaker, I move the previous que tion. l\fr. BLANTON. Will the gentleman yield? l\fr. HILI.i. Add to the last line--- Mr. VOLSTEAD. I will. The SPEAKER. Of course the gentleman from Minne ota is Mr. BLANTON. Suppo e a citizen of Minnesota was sum entitled to prior recognition if he demand it. moned to attend a Federal court to be held in El Paso, Tex., Mr. HILL. I thought I was recognized. and he did not obey the subpcenll.f Suppose he was under a Mr. VOLSTEAD. Mr. Speaker, I move the previous que tion contempt charge and punished as seriou ly as a Federal judge on the bill. can punish a witne.., s who refuses to obey a summons. Does The SPEAKER. The Chair must always recognize the gentle the gentleman from Minne ota want his constituents to be pun man in charge of a bill if he desire it. The gentleman from i bed down in El Paso, Tex., for refusing to obey a civil sub Minnesota talked so low the Chair could not understand just pcena? exactly what he said. Mr. VOLSTEAD. Oh, you can apply that to a per"'on inside M.r. HILL. I would like to ask the gentleman in charge of the district. You do not want him punished any more than the bill if he would object to an amendment limiting it to these you do a man outside. If the man has not got the money to go war-fraud cases. to Texa , he could show that and probably he could get out of Mr. VOLSTEAD. I shall object because it is impossible to it. The same argument applies to every summons, it makes distinguish between clas es of case and other cases. I move no difference whether it is one district or another or the dis the previous question on the bill and amendment to final tance traveled. l\Ir. Speaker, I move the previous question. passage. The previous que tion was ordered. The previous que tion was ordered. 1922 ... CONGR.ESSION- AL RECORD-HOUSE. 12371 The question was taken, and tbe bill as amended was passed. l\Ir. VOLSTEAD. The entire proviso, from line 7, on · pag~ On motion of Mr. VOLSTEAD, a motion to reconsider the vote 1, down to the end is the same in the two bills. And the only by which the bill was passed was laid on the table. change occurs in lines 13, 14, and 15. It is one of the pro The SPEAKER. Without objection, a similar House bill will visions as to the place where a suit may be brought. Now, it lie upon the table. seems to me clear that the entire purpose of tllis legi ·lation is There was no objection. the same in both bills. Now, some years ago-quite a number of years ago-a bill was brought in for the purpose of limiting RETIREMENT OF GOVER~MENT EMPLOYEES. immigration, and in the Senate bill, which was put upon the Mr. FAIRFIELD. Mr. Speaker, I desire to call up the bill Speaker's desk and was taken from the desk and considered, H. R. 11212 and ask that it be sent to conference. there were quite a number of changes; changes, it seems to me, The SPEAKER. The gentleman from Indiana asks unani that were very much more material than this change would be. mous consent to take from the Speaker's table the bill H. R. I think it is referred to in fourth Hinds, and the Speaker can 11212, to disagree to Senate amendments, and ask for a con refer to it. There are quite a number of minor changes of this ference. The Clerk will report the bill by title. kind. There are three or four different provisions here as to The Clerk read as follows : where a suit may be brought, and we have simply stricken out A bill (H. R. 11212) to amend an act entitled "An act for the retire one. And the object of the Speaker at that time was to advise ment of employees in the classified civil service and for other purposes,'1 approved May 22, 1920. the House as to things that would likely be brought up. Our The SPEAKER. Is there objection? bill advises as to all of it, every item, including the thing that Mr. WINGO. Mr. Speaker, reserving the right to object, has was stricken out, because we put upon the calendar a bill in the gentleman consulted with the ranking member on the exactly the same form as the Senate bill, with the exception of · committee? these changes. l\1r. FAIRFIELD. I have. Mr. WINGO. Will the gentleman yield for a question? And 1\fr. WINGO. And this meets the joint wishes? I would like to ask the Speaker·to follow me. Under the exist ing law it is covered by the part before the proviso: ~lr. FAIRFIELD. It is the joint wish that it shall be sent No civil suit shall be brought in any district court against any per to conference. son by any original process or proceeding in any other district than ~Ir. MOORE of Virginia. Mr. Speaker, still further reserv that whereof he is an inhabitant. ing the right to object, will the gentleman state briefly what Now, the House bill proposed several substantial changes. are the points of difference between the Senate and House? One of them was that you might bring it where any one of the l\lr. FAIRFIELD. The House fixed the age at 60. The Sen defendants might be found, or wherein the cause of action, or ate fixed the age at 55 as the age at which the employee might any part thereof, arose. In other words, that part of it with be able to have the benefit of compensation under the retire reference to being an inhabitant is now in existing law. The ment act. substantial change is to bring the suit wherever he may be Mr. MOORE of Virginia. As I i·ecollect, that was the main found or where the action arises. question of the subject of debate in the House when the bill l\Ir. VOLSTEAD. In .any district where one or more of the wa up here. defendants may be found. Under the old law you can only l\Ii·. FAIRFIELD. The bill as originally introduced con bring it where be is an inhabitant. tained the age of 50. The committee amended it and raised Mr. WINGO. The House bill permits you to bring a suit • it to 60. The Senate has put the age at 55. That is the only where you may find either one -0f the several defendants that material amendment to the bill. are joined, and it makes a substantial difference and leaves in The SPEAKER. Is there objection? [After a pause.] The the words- Chair hears none. any district wherein the cause of action or any part thereof arose The Clerk announced the following conferees: Mr. LEHL whether they are inhabitants there or have been in that di · B.ACH, Mr. FAIRFIELD, and Mr. BLACK. trict. VENUE IN CASES OF THE GOVERNME~T. Mr. VOLSTEAD. That is in both bills. )fr. VOLSTEAD. Mr. Speaker, I move to take from the l\Ir. WINGO. In the.Senate bill the Senate cuts out- Speaker's table the bill (S. 3918), the Committee on the Judi or in any district where the defendant or any one of the defendants ciary having reported a bill substantially the same which is may be found. now on the calendar. · If you will examine at the desk you will find the Senate The SPEAKER. The gentleman from Minnesota calls up adopted the amendment of its committee. Is not that true? . the bill, which the Clerk will .report by title. Mr. VOLSTEAD. Yes . The Clerk read as follows: 1\!r. WINGO. The amendment of the committee~ on page 2, A bill (S. 3918) to amend section 51 of chapter 4 of the Judicial line 14, strikes out the words- Code. or in any district wherein the defendant or any one of the defendants Mr. WINGO. Mr. Speaker, a point of order. may be found. The SPEAKER. The gentleman will state it. The Senate cut that out, but the House bill has it in. In Mr. WINGO. I may be in error~ but I understood the gen the minds of some people it is the one substantial change. tleman from Minnesota to say the bill was "substantially ' Mr. VOLSTEAD. The only change that is in ·this bill is this, the same. There is a " substantial " difference in the bills, that you can bring the suit against two or more persons living and I am going to raise the question and state to the Speaker in different districts. That is the real substantial change made there is a very substantial point of difference, and if I am in this bill. The Senate has only cut out a part of what our in error I desire the gentleman from Minnesota to correct me. House bill provides for. We are asking to the extent at least In the House bill authority is given for joining the parties that we have reported it. bringing suit in any district where the defendant or any one l\Ir. WINGO. My contention is that that is a substantial of the defendants may be found. That is not in the Senate point. bill. That is the most substantial change that is made in Mr. VOLSTEAD. And we ought to be permitted to take up the law. the Senate bill and pass it, because it seems to me it is sub One of the substantial objections to the bill the Senate cut stantially the same thing. out. Now, would the Speaker hold that a Senate bill which The SPEAKER. The Chair understands that the gentleman changed in some other minor ways a law would be substantially from l\Iinnesota [l\fr. VOLSTEAD] moves to pa s the Senate bill as the same as a House bill? it stands? The SPEAKER. The gentleman from Minnesota stated they l\1r. VOLSTEAD. Yes. were practically the same. The SPEAKER. It seems to the Chair that that is in order. Mr. WINGO. As I say, I challenge the accmacy of the Speaker Reed stated that the purpose of the rule that they judgment of the chairman. Page 2, lines 14 and 15, these are should be substantially the same, was in order that the House the words that are stricken out in the Senate, as I understand might not be taken by surprise; that a bill shall not be or in any district ~herein the defendants or any one of the defendants may be found. brought in under the guise of being the same and yet have matter in it which the House would have no reason to expect. And the Senate inserted this language-- In this case it seems to the Chair that the Senate amendment being a necessary party, or being jointly, or jointly and severally, liable. restricts instead of enlarging the operation of the bill. But I do not know that the latter language would make any Mr. WINGO. There is no doubt about that. difference. But the substantial major change that was pro The SPEAKER. Therefore anybody who objected- to the posed in the law, or one of them, was left out of the Senate House bill would object less to the Senate bill. A person might bill. oppose the House bill and support the Senate bill, but a person • C-ONGRESSIONAL RECORD-HOUSE. SEPTEMBER i11.; could ·hal'dly oppose .fhe Senate bil! without opposing more lative of the very spirit of ·our institutions. He has had one earnestly the House bill. There can therefore be no surpri e, ·excuse •after anotl1er for two years past. Now bis 1a t excu se be ·an e the Senate bill does not accoIIl!Jlish as much as file is this. You have given him htmdreds of thousands· ef dollar ..,. Hou e bill does. It seems to the Chair thnt it comes within the ·You have given him .a barn full •of lawyers. He has raked and rule that it is substantially tbe same. scraped the highways of the country, and you have given him l\fr. WINGO. I never did appTectate that decision of Speaker a special grand jury; and now, forsooth, ·he says ~u have got n , to the effect· that a partr to a· snit should not offer a to give him a special jurisdiction,. in which rume of the defend demurrer becrruse he was not surprised by the allegation of the ants reside. If that is the only way for the .Attorney General <:om plaint. to commence action, much s:s I regret it, we will have to starul I a. k for the bill to be reported in full, b~ITTise it is not for it, but I hope you gentlemen will limit it to a specific per1od printed. of years. [Appl:rose.] Jr. :u ORE of Virginia. ~Ir. Speaker, for the sake of ae l\Ir. VOLSTEAD. Mr. Speaker, I yield to the gentleman from cnrnrr, the gentleman from Minnesota referred to this bill, when Texas [Mr. JONES]. he cane 1 it up, as S. 3917. Should it not be S. 3918? Mr. JONES of Texas. Mr. Speaker, I understand the geutle l\Ir. VOLSTEAD. Ye. man from •Minnesota [Mr. VOLSTEAD] will offer an amendment Tbe .. PEAKER. The Clerk will report the bill. limiting the time. The Clerk read as follows : Another limitation, it seems to me, shonld be adopted, and I A bill ( . 3918) to amend seetion 51 of chapter 4 of the Judicial Code. ha"Ve drafted it in tbe form of an amendment, and I would like R -i. t enacted, eto., That ectlon 51 of chapter 4 of a:n act entitled for the g.entleman from Minnesota to give consideration to it. ''.An a t to codify, revise, and :amend the laws Tela.ting to the judiciary," That is to provide at the end of the bill, "Pro-z;idea fut·ther, approYed March 3, 1911, be amended so as to read as follows : .. SEC. 51. Except as provided in the five ucceed.ing .sections, no per That the provisions of this act shall not apply to income-tax . on hall be arrested in one district for trial in anO'ther in any civil I levies, suits, and assessments." AJ3 the bill is draft-ed the Gov a et ion b<>for a district court ; and, except as provided in the six .suc ernment in an ill{!()me-tax matter might. force a to ci·o s cPeding secticm , no civil .suit shall be brought in any district coU11t , m~ against any per on by any original process or proceeding in any other the continent to defend a tax claim, thus entailing great ex: 1listrkt thall i:bat whereof he is a:n inhabitant; but where the jmisdic pen e and hardship upon him. tion i founded only on the fact that the action is between citiz-ens of For instance, just to give -a personal illustl.'3tion, I have a cat different States, suit shall be brought onty in the iiistrict ·Of the r . i!lence of either the plaintiff or the defendant: Provided, howev1n-, tleman living in my home town who some.times ships his cattle That any civil uit, action, or proceeding brought by or on behalf of to Kansa. fer fattening just before finally shipping. them to tbe United States, or by or on behalf of·any officel' of the 'United States for 1 finds autho1ized b law to ue, !Dlay be brought in any. .distJ.•ict hereof the .market. He has other men to work him ·there, and •he clef nd rrt i an inhabitant, Ol' w.here there be more than one defendant he can get better work from them by paying them a percent~ ge in any di trict whereof any one of the _defendants is an inhabitant, of the profit on the cattle rather than specific wage . Ctr in any di trict wherein the defendant or -any one of the defendants They ai·e simply employed by him in Kansas. Wh~n they may •he fO'lllld or in any district wherein the cau of action or any part thereof aro e ; and in any such. suit, ..action, or proceeding process, .rendered income-tax reports the· Government took the attitude summons, or ubpama against a.ny .defendant i ued from the district that these men were .an partners of this m:an, and it th1·ea.t ourt of tlre district wherein such suit is brought shall run in any oth r di trict, anrl erviee thereof upon any defendant may be made in ened to file proceedings at that time. Of course, if this bill any difltrict within the United Ste::tes 01' the territorial or insular passes, they would·probably in BU ch a case file snit in Kan as, posse ions thereof in which any such defendant may be found with whern these men were working, whereas the real party at The ame force and effect as it the same had been :erved within the tli tri t in whieh said suit, action, or -proceeding is hr.ought." interest would' live in_ Texas, and would be forced to go up 1\Ir. 'VOL TEAD. Mr. Speaker, I yield five minutes to the in Kansas to defend the suit. Mr. IDLL. Mr: Speaker, will the gentleman yield? gentleman from Arkansas [l\1r. WINGO]. Mr. WINGO. Mr. Speaker, this is the companion bill I re l\Ir. JONES of Texas. Yes. ferred to in the consideration 'Of the other bill N()W, here i-s lli. HILL. Does ·the gentleman think it would be· prop r to what the House understands you ai·e proposing to do. Up to add to this bill a provision to the effect that' it will apply ouJy 1885, I believe it was, 'YOU ·permitted, I think, this kind ot a to war-fraud .cases? , proc-eeding by eithe1· the Government or by .individual citizens. Mr. JONES- of Tea.xs. I thought of .offering an .amendment It wrui o abu ed, e ...J)ecially by citizens, that Congress changed to that effect, but· the department has suggested that th.at would the law. rai e another question .of fact re.quiring proof on the part of the Government and· would ma'ke it very difficult. That a man ~ r -, here i what is proposed.by this bill: That the Govern ment of the United States may join two or more citizen who prosecuting the case would not only have to prove the facts li Ye in different districts in the United States in these civil tord.inarily necessary to susULin his contenti0n but wouldalsoha_ e . actions these war-fraud cases, for that is what it is. You by to prove that it was a war-fraud case, which would be a -diffi~ this bill authorize the Government to bring the _suit, not neces- cult thing to do. I do not want to do anything to interfere urily in the district where one.or hoth of the defendants reside 'With the prosecution of war-fraud cases. On the contrary, I or of which they may be inhabitants, not necessarily where want them prosecuted most vigorously. Now, I think the only you may find one of the defendants, but you may bring the other cases that .the United States is likely to be ·ntere ted in suit in_ a district where the cause of action arose. That means to a very,great extent, or very extensively,, are income-tax ca es. in the e war-fraud cases that the Government intends to make Then,. by saying that it will .not apply to them, it will not put thi litigation take place right here, under the control of the the burden of proof on the Government to. show that it was Feueral Government and under the eye of the Feaeral Govern a war.-fra.ud case. In this particular case that I speak of, an ment, in a territorial jurisdiction that is strange to the citizens .income-tax matter, there ·were. two men in the State of Kanva.s who will be haled into that COUJ.'t, and the Government, under working. on a commissi-on or percentage .basis. They did not the bill you have just passed, will have the power to bring wlt share in the losses. If there ·were any lasses, he l)aid the ne es from Maine to California, from Florida to Oregon, and losses, and he rendered a re.turn as- an individu.al. When it keep those citizens here in the District of Columbia. came to reviewing the income-tu claims the Government levied What is the necessity for that extra.ordinary change in the .an additional assessment, because they claimed rbe was· a partne-r law-a permanent change? The only plea that was offered was with these other men. The thing ran along for about three that in these war-fraud cases the Attorney General finds bim- years and finally they held that they \Vere not putners; but elf helpless, confessing that this Government had SUilk to such 1f they had held that they were partners, and this· act had a low estate that it da.re not sue a. citizen of Ehiladelphia in been in force, unamended:r as I have suggested here, they could the S:.tate of Pennsylvania; that it dare not sue a citizen of sue the man in Kansas and make him go all the way to Kansas Tennes ee in the city of Nashville; tbat it dare not sue a to defend llie suit. I do ~ n-ot . think that ts · :righ~ I simply wish citiz n of San Francisco in the courts of California; but the that this shall not apply to income~ levies and as es ment . Government of the United States can b.·ust itself only in its This would leave the full machinery ·of the law as at pre nt own courts here. Nowhere on earth can it trust itself except ,provided fnr handling income-tax matters. within the shadow of the Capitol dome and aiued by the pres Ur. GOODYKOONTZ. Will the gentleman yield? tige and the power and the influence that go with the seat of Mr. .JONES of Texas. Yes. government. That is what you propose. Mr. GOODYKOONTZ. In the case of the GoveTn:ment pro ·You Republ1cans may do as you may. We Democrats do not ceeding to collect income taxes it ·does so in the form of an care to be .PUt in the attitude of standing in the way of these asse sment, and the •process for the ·coilection of it i placed in war-fraud cases, but I regret that -you feel the necefl&ity, and I .the hands of the .marshal. The Government -does not bring the su_ggest that this be limited to one or two or three _years and snit. If the person taxed wishes to relieve himself he must in that it be p1·ovided .for .the Government's. use alone in these war ¥Cke the lai'.\-V, -and this statute would'have no applieation. fraud ca es. I accept the conditions, that the .Attorney Gen 1\Ir. JU.NES of Texas. Oh, no; when it comes to the finnl eral . ys the only way-that he can ·do anything is 1n this way. analysis, if the man refuses to pay, it practically means a suit I agree to give him that temporary power, although it is vio- on the part of the United States Government or on the part of :i922. COKGRESSIONAL .RECORJ?-HOUSE. 12373 · the officer. The proposed statute applies not only to an action statute which we seek to amend from effectirnly pro ecuting brought by the 'C'nited States, but by or on behalf of any officer these parties. in any civil suit, action, or proceeding. I~ is not confine_wer to do it in any place where it is interested. I simply do not want them to have the privilege of running all The amendment was agreed to. over the country and taking these men away from their homes. Mr. JONES of Texas. Now, will the gentleman permit me l\lr. HILL. i should like to ask the gentleman in charge of to offer the amendment which I was talking about awhile ago? the bill if this bill affects any suit except suits in which the Mr. VOLSTEAD. No; I am going to oppose that amendment, Government is a party? . Mr. Speaker. I do not believe the other amendment the gentle Mr. VOLSTEAD. The Government has got to be a party m man has suggested ought to be offered or included. It seems one form or another, either as a corporation directly or through to me that the question whether these parties paid their income an officer who brings a suit on behalf of the Government. taxes or paid the excess-profits tax is a question that ought to Mr. HILL. It would not affect any cases between private be left open and ought to be reached if possible. My under litigants? .. standing is that they are going to prosecute cases of that kind. Mr. VOLSTEAD. No. I move the previous question on the bill and all amendments Mr. BLACK. Will the gentleman yield for a question? to final passage. Mr. VOLSTEAD. Yes. Mr. JONES of Texas. I do not object, particularly afte1· Mr. BLACK. Are there any cases now under the general the three years' limitation has been put in, anyway. law where the Government can bring a suit at the place where The SPEAKER. The question is on ordering the previous the cause of action arose if that place is not the residence of question. some one of the defendants? The ·previous question was ordered. Mr. VOLSTEAD. I have not examined those statutes lat~ly, The SPEAKER. The question is on the third reading of the but tmder the law in reference to trusts and-monopolies you b~ . can bring suits just about the same as they. are authorized in The bill was ordered to a third reading, and it was accordingly this bill. The Government has been doing that for many read the third time and passed. years. On motion of Mr. VOLSTEAD, a motion to reconsider the vote Mr. BLACK. But that jurisdiction is conferred specifically, by which the bill was passed was laid on the table. is it not-in specific language? PINEY BRANCH RO.AD. l\fr. VOLSTEAD. No; it is a general statute. l\fr. GOODYKOONTZ. Mr. Speaker, I ask unanimous con l\1r. BLACK. This general statute, as I understand it, would sent to take up the bill (S. 1066) relating to the closing of open up the way for the Government to bring any kind of a Piney Branch Road. suit upon the allegation that the cause of action in the suit · The SPEAKER. The Chair has no right to recognize the arose in the jurisdiction where the Government was seeking to gentleman for that. bring the action. LEAVE TO EXTEND REMARKS. Mr. VOLSTEAD. In a criminal suit now the Government 1\fr. STEEJ\TERSON. Mr. Speaker, I ask unanimous consent bas jurisdiction to bring the action where the offense was com to extend my remarks on the coal distribution in Minnesota. mitted, and under the tri1st law and under the railroad law The SPEAKER. The gentleman from Minnesota asks unani you can bring suits in this fashion. mous consent to extend his remarks on coal distribution in Mr. BLACK. Very well. Speaking of criminal cases, where Minnesota. ls there objection? the indictment alleges that the man has violated the antilottery There was no objection. law the Government has the choice of several jurisdictions in l\1r. STEENERSON. Mr. Speaker, last Thursday I called which to prosecute him, one where he mailed the letter and the attention of the House to the report I had received to the another where the letter was delivered, but that is set up effect that the people in the towns and villages in Kittson specifically in the law. County. Minn., who had early last spring ordered a sufficient Mr. VOLSTEAD. Under the conspiracy law you may be able supply of hard coal for their. needs had failed to receive any, to reach him in a good many different places. but that right across the Canadian line they had received not l\:lr. BLACK. ';rhat is probably correct; but it occurs to me only a slifficient supply for their ffWn use but sufficient to en that you are going a very long distance wheii you open up an able them to sell at profiteering prices-$23 . per ton-to the avenue by which the Government can bring any kind of a people on this side of the line. The letter I received was from civil suit against any citizen, and bring it upon the allegation Mr. P. H. Konzen, a. leading citizen of Hallock, and was as that the cause of action arose wherever the suit is brought. follows: Mr. VOLSTEAD. Of course, that is a provision in a great HALLOCK, MDiN., September 4, 19Z2. many States that you can bring the suit where the cause of Hon. H. STEENERSON, action arose. Unless they get the power to d-0 specifically Washington, D. 0. DEAR SIR: I wish to call your attention to a condition that exists · what is provided for here a good many of these claims wm here and which I think ought to be investigated with a view to ascer fail completely. The Government is rompletely barred by this taining th() reason for its existence. 1-2374 GO GRESSIONA'L RECORD- Tbe coal hortage, as you \Jnder~tand, is a serious ·menace 1&.t -this ito iascertaintwhy coal , perator are applying the Canadian Qoints whenl time to this ection of the country. · It begins to look very. doubtful none can be obtained for American points. Apparently it is imply a.r . that we are going to get an adequate supply to prevent :great suffertng course adopted -to evade the law o ·as to enable -them to profiteer on' here · the coming •winter. Many carloads that were · •o.rdered .by the •coal. Plea e 1922 .. 1~7-5 The ·Railroad I.Ja'.bor Bua.Td, 1appoirtted rby Pl'eeldent •Wilson, .Mr. SMITH -of Idaho. Mr. SpeakeT, I ask ·unanimous ·.consent advanced ,wages to their 'highest·pomt .d:n 192D, and.in the me1 to extend my remarks in the REcO:RD rOil the :Soldiers' compen year the Inte¥Btate rCommerce Oomnrlssion, ralso :ap_pointed lby, sation bill. Presrnent Wilson, advanced -railroad ll:ates ·to !their =highest1 The SPEAKER. IT1he gentleman from Idaho asks 1Ulanlmoils polnt. .Crown ·Prince McAdoo did not, however, increase ·11ail·1 consent to -extend his Temarks in the RECORD on the soldiers, roud rates sufficiently to balance ·the increase uf 'Wages made compensation bill. Is there •objection? by ~ him 1during his control of the oads ras director gmmral. • 'There was n-0 o1Jjectinn. Con eqnently the Labor ·Board made.a hrr:gerrfnc:reaEe in ·age81 in 1920 than would 'have been :required '1f the crown quince ·had THJll M'NARY .A.lllJi}NDMF.lNT TO THJ!l AJ)jUSTED COMPENSATION BILL. discharged the duties of ·director general propedy. • Mr. SMITH DfJdahO. Mr. Speaker, the bill providing for 1ld- The 'Republican administration at Washington has been justed ceempensation for ·veterans of :the World War as .it gtiadually .developing plans during !'l'eeent months for .the resto- passed the .House contained under title ,g a })rovision for land rations of the transportation business of the aonntry to ·a .;nor- settlement which was .stricken out .by the Senate Committee .on mal peace 0basis. The .most serious difficulties .encountered n Finanae and •a .provli:lion. inserted in li-eu thereof .under .the that effort are -reSUlts ·of the Democratic policies -established same title which imply.provides for the re-enactment of-existing under tlle former crown prince, iWilllam G. 'McAdoo. law giving 1Jreferenee right -of entry to men rwho -served fa the 0Every dollar thnt has 'been tak-en from 'the National · ~reasury W.ar with Germany, a!Ild 25 :per •Cent additional of the amount to JHIY those guaranties .to the :railroads was ilevied by the of his adjusted ceompensation to be •Used in imaking _payment WilBon administt·atiou >under ·the ·F-ede11al t!ontrol ·act of March on the purchase price of the land -selected ·or for .the impw-ve- 21, 1918. · ment thBJ>eof. .No provision cwhatever -is made for the reclama.- Some crities ·asse1•t, lmwevel', that the ·transportation aet •of tion .of land, ·and iinasmuch ~ all ·Of the .public land that .is 1920 (sometimes ca11ed the Esch-Cummins :Act} ·originated ana· susceptible •Of cultivation ·has 1been exhausted the 1pTOvision :for s:dopted 'the prineiple of guaranteeing ·railroad Tates. That land settlement in the bill as it was r-e_ported to the Senate idea is -wholly incorrect. The transpol'ta'.tion act ·of 1920 re- would be .of little or no.benefit .to the retnuned service ,men wJio pealed 'the i·ate guaranty of •the 'Federal control act to take desil:e to secure ·a farm. effect September 1, 1920. While my ·opponent, Mr. Sballen- There ·are millions of acres "Of arid an.d swamp lands tbraugh beJ:geT, voted· for .the guaranty IJrovision ,of the F:ede:ral control out :the, country :which can be reclaimed for ·less than .one-half aet, I ·voted for its ·repea.1. of the actual worth by the construction of ll'~eiwoirs .and .dams When ·driven into a corner on ·this ;point they aec1B.t'e rwith for fth"0 ·watering of a.rid 18iD.d .or by therbuilding ~f :ditches ·and gasping breath that ·-s-ection 15a of the transp-Ortation a.et of dikes for draining swamp :land which would afford the ll'e- 1920 gmnrantees rates of 6 ,per cent .net. That section ·came turned service men ·an .opportunity to secure a farm .home :at into the ·law as ·e. Senate .amendroont. ·while il ;v.oted against nominal cost. that ·amendment, it ·does not do :what 'the opposition alleges. The amendment adopted by the Senate, introdnced·by ·Senato:r I . was confident that it would convey a fals'e 'impression 'to the MCNARY, wllieh =embodies the prov'isions •of the -smtth-.McNa;ry country •lllld give the Interstate Omnme.rce ·Commissi-0n an ex- bill, which rhas been ·reported favorably ~ by the 'Committee :en cuseto :assume eontrol·of certain·i.Irtr'astate business ithat·should Arid Lands in .hoth he ~ sena:te and House, will :make irvailable be left •exclusively wlth ihe State eommissions. Fox .this to the returned service men in the nnar future .millions of reason l am ·supporting an amendment to repeal that -section. acres of the most fertile Jand ;in the ·country and which fWill Of .eourse all "Welldnformed 'persons lrnow that the ·so-nailed enable the returned 'Sen-ice .men iwho secul!e homes thBreon to 6 per •ee:nt provision of that isection eX]2:il'ed on the lst day become independent. of 1March, 1922, by nrtue of its own 1limita:tions. .!.L'he proposei:HegislationJ)rovides for .the creation of a furu1 .to Under•tha.t section any road that eamed ·5! ·per cent ·net"Was be expended under ·the1direction of the Secretary•of 'the lriterio-r authoriood to retain such met gain and awly it .on .st(){?k divi- f.or the !building of -reclamation works, the Government -to 'be dends. ;Tftit·earned 6 peT ~ent net.at State laws, ha-ving power to ·contract with 'the 1 Govemment 5! per cent or •6 per c~:rit. 'Every road lWas le-ft 1:0 icany its and possessing authority to issue bonds with which 10 '}>a-y o.wn shortage '.or .net •gain, as :the case might ·be, within those for -reclamation ·woTks, the fbonds to ·oo a general .cha"tge ·u~on llmi tations. all the land within a district. The Secretary 1iB 1922. ©Ot'GRESSION A1 RECORD-HOUSE. 12377 I.t would' be·folly to account for the movement of tlie Cauca artisans and poor of· the' cities cried' out against them. rt was sian raC""0 into A'ustralasia, South· and North America byi reason asserted' that England's hope was in manufacturing, not farm of a m nia to leave the horrielandi Migration has always been ing. The corn laws were repealed; manufacturing thrived· and an element in human nature more developed in some ·races than agriculture dwindled. in other ~ . What ga\e it' impetus with the white man was In the·last few y~s in the United Slates the value of manu fir 't his ability to navigate the seyen seas and later the in factured articles bas far outreached the value of agricultural vention of the steam engine. The building of tlie railroads products. Should manufacturing reach a stage where it must l!l'actically revolutionized economic conditions. Cheap trans depeml upon raw material-not; the output of mines-and food portation had the effect of ts)dng manufacturing away from products fram abroad, who can doubt but that our national the farm and placing it at centers tiaving advantage in com policy will be. to fo ter manufacturing rather than agriculture? petitive transportation facilities. It was soon discovered that Thus, is it not wise to add to the number of our farms and plo~ could lje macle more cheaply at some. centrally located by degrees incrmise the productivity of the old ones, to the end competiti\e point tlian on the farm or at the four· corners ; and that at all. times there shall be a surplus of farm products as the same was found true in regard to sb'oes; which the farmer well as a surplus of manufactured articles to enter into our had been in the habit of making· for- members· of his family~ foreign trade? There is. no necessity of changing from the and Huch was the case as to cloth and the·making·of garments, old order of things, that there may be a surplus in many lines which the housewife b'ad been accustomed to weave and fashion for export. There is to-day under plow in tlie United States in for those under her care. In fact; it became apparent that the the neighborho.od of' 400,000;000 acres of land. There are ;i'et farmer and his wife and the members of the liousehnld could susceptib1e of reclamation some 20,000,000 acres of a.rid and be more pro1itably employed in agricnlturar pm·suits than in semiarid land, 80,000,000 acres of swamp Umdr and 200,000,000 manufacturin00 at'home. As manufactnring ceased on the farm acres of ' cut-over land, or. a total of 300,000~000 acres. The it went to rail centers, and 1 in going there it released men and arid and semiarid landa: are very inviting. in character. They ,women from tbe' fa-rm and they fotmd employment at the manu have neve-r been leached of their plant-life elements. When facturing point . Not' only this, but as transportation developM moistened they readily· give up their properties to vegetation. to carry the raw material from the ,farm to the factory and the They lack only one ingredient to a perfect agricultural soil. manufactured articles from · the factory, to- the- consnmeT, a They are deficient in· nm·ogen. T.his; however, can be readily large number beeame engaged in ~ transpartation itself. supplied· by the growing- of legumes. Swamp, lands in the But inventive genius was· not con.fined to transportation and main are wonderfully productive when1 drained; for they have communication. It reached' into other fields. In a · large way received tlie fertilizing properties-of the centuries. u ·we. were it reached the f.a.rm. There wa a time- when people spoke of to place on an acre of' sterile land the nuttitive elements con the farmer and his tools. To-day. it is the farmer and1llis maL tained in an acre of arid land or an acre-- <1f ' swamp· land; it chinet"Y\ By the use of machinery the farmer of to~day pro would probably cost over $2;000. Thus, in the reclamation of duc many times more- than the farmer of 50 years ago, and tlie a-rid and swamp lands within the country we will tapi a thi · in.turn has-relensed 1lali>orers 'from ·tlie farm, and the~ 'tiave re..,ervoir. of' wealth which is almost inexhaustible. gone to the city for profitatHe employmen~. Hhd they remained As communicai:ion and transportation have revolutionized. upon.. the farm and beell' idlers· Ofl onfy partially emplayed, indu trial conditions' llil.d. have made all sections~ of our coun farming· would pres nt g sorry spectacle ~ Had they remained try interdependent,. and. what aids: one district: neces ·artly aids upon· the- farm and all labored assiduously, it stands- to reason all no land which is: now waste can be. put into a state· at pro; that. there would:be·su(!h a surplus· of farm•products tbat their ductfrity without excitin . activity in a multitude of places; .value would be almost nil. E-ven to build" an irrigation or. drainage ditch, a dike, or a What sha:IL bw our national policy from now on. Shall we resenor means tlie' utilization of manufactured articles gath rely upon the betterment of' the· 18.nd under plow, or reclaim ered ft-om a great radius; and every agricnltural· community virgin sections? Is theTe not grave danger in departing from under present conditiollS' draws frotn the manufacturing. cen a policy which has been so successfully pursued•dhring ttie litst tei·s large quantities· of products· essential to the life and well· 100 year ~ In looking over the• ibdtISttial statistics of our being of the. farmer. - country wa find! that the produets or onr ftr-rms have• been a There are•attached hereto data showing· the extent to which wonderfuI·factor imthe creatlon•of' our mrtianal wealth. Tliis the-people of the->reelaimed areas, of the West' are purchasers of is well stated by the Secretacy of the Department of Atgric.nl ai.·ticles" which are not produced within such districts and are ture in his mport of 1912, woorein he s ys·: supplied in a large measure even by industrial plants several During the last 16 year th~ · wea.ltl:l • produetion ou Apprnximate number of corwad lots •of merchandis.e, etc.-Continued. Number of tons of speeifie4 eon~modities a;tul the· total tons of all com modities, etc.-Continued. Nttm:ber FORWAltDilD- tons of building material, and 8,646 tons 1 of merchandise, all The SPEAKER announced his signature to enrolled bills and of which came from the industrial centers· "in the central and joint resolutions of the following titles: eastern part of the United States. S.3618. An act to amend the Judicial Code in reference to appeals and writs of error; · Nttmber of tons of specified commodities and the total tom of an com modities; alKo the tiamber of cars of litre stocfk fcrrwardet!> atui the S. 2199. An act to provide for the maddng of anchorage n1'mbf!'I" of t01'IB of specft[e LEAVE OF ABSENCE. By Mr. KELLER: Resolution (H. Res. 423) authorizing and By unanimous consent, leave of absence was granted.- directing the Committee on the Judiciary to inquire into the To 1\Ir. CHAI-il>LER of Oklahoma, indefinitely, on account of official conduct of Harry M. Daugherty, Attorney General of sickness in his family. . the United States, and for other purposes; to the Committee on To Mr. ARENTZ (at the request of l\fr. CABLE), on account of the Judiciary. . important business. · By l\Ir. IRELAND: Resolution (H. Res. 426) ~ppropriating To Mr. VINSON, for . 10 days, on account of import~nt busi $250 for additional clerical sen·ice in the enrolling room of the ne ". House; to the Committee on Accounts. To Mr. 1\IcPHERSoN; indefinitely, on account of severe illness in hi family. PRIVATE BILLS AND RESOLUTIONS. To 1\Ir. RossnALE (at the request of Mr. SIEGEL), for five day', on account of inve"tigation of Veterans' Hospital No. 81. Under clause 1 of Rule XXII, private bills and resolutions To l\Ir.~ Lr~THICUM, for to-day, on account of important bus.i were introduced and severally referred as follows: ne . By .Mr. BLAND of Virginia: A bill (H. R. 12582) granting an increase of pension to Clare D. Fielding; to the Committee on WORLD POULTRY CONGRESS. Pensions. ~Ir. H_\.UGE.K. Mr. Speaker, I ask unanimous consent that By l\fr. BROWN of Tennessee: A bill (H. R. 12583) granting the bill (H. R. 2251) authorizing an appropriation for the a pension to Ava Pinkerton; to the Committee on Invalid World'.., Poultry Congress be laid on the table. The bill pro Pensions. vide for exhibit at the World's Poultry Congress to be held By Mr. CURRY: A bill (H. R. 12584) for the relief of Alice at 'The Hague, Holland, on September 6 to 13, 1921. Loeber ; to the Committee on Claims. Mr. WINGO. The gentleman's purpo e is merely to clear the By Mr. DRANE: A bill (H. R. 12585) granting a pension to calendar? Hannah 1\1. Atha; to the Committee on Invalid Pensions. 1\Jr. HAUGEN. Yes. By Mr. FESS: A bill (H. R. 12586) granting a pension to The SPEAKER. Without objection, it is so ordered. Mary J. Kearns; to the Committee on Invalid Pensions. Mr. CAMPBELL of Kan as. Mr. Speaker, I move that the By Mr. KNUTSON: A bill (H. R. 12587) granting an increase Hou ·e do now adjourn. of pension to Mary Ann Cross ; to the Committee on Pensions. 11r. )100RE of Virginia. Pending that will the gentleman By Mr. LONGWORTH: A bill (H. R. 12588) granting an in indicate a1; far as he can what the program is for to-morrow. crease of pension to John Holmes; to the Committee on Mr. CA.~IPBELL of Kansas. I am unable to say what will Pensions. be up to-morrow. There will be a ses ion of the House and By Mr. McPHERSON: A bill (H. R. 12589) granting a pen matter of some importance may come up. sion to Albert E. Bishop; to the Committee on Invalid Pensions. l\Ir. MOORE of Virginia. What does the gentleman say will Also, a bill ( H. R. 12590) granting a pension to James H. be before the Hou..,e on Wedne day? Patterson ; to the Committee on Invalid Pensions. J\Ir. CAMPBELL of Kansas. I have no doubt that. the con By Mr. MILLSPAUGH: A bill (H. R. 12591) granting a pen· ference report on the tariff bill will be before the House on sion to Cora May Potes ; to the Committee on Invalid Pensions. Wetlne day. By l\Ir. MOORE of Illinois: A bill (H. R. 12592) to correct HOUS.t;: BILL 1235G LAID OX THE TABLE. the military .record of William L. Million; to the Committee The SPEAKER. Without objection. the bill H. R. 12356, a on l\lilitary Affairs. similar bill to S. 3918, just pas8ecl, will lie on the table. By Mr. RIDDICK: A bill (H. R. 12593) for the relief of There wa no objection. J. W. Cook; to the Committee on Olaims. By Mr. ROBSION: A bill (H. R. 12594) granting an in ADJOUR~MEXT. crease of pension to William G. Jones; to the Committee on Mr. CAl\lPBELL of Kansas. Mr. Speaker, I renew my mo Pensions. tion that the House do now adjourn. By Mr. S~l)ERS of Texas: A bill (H. R. 12595) for the Tlle motion was agreed to; accordingly (at 3 o'clock and 15 relief of the parents of Charles James Crow, deceased; to the minute p. m.) the Hou"e adjourned until to-morrow, Tuesday, Committee on Claims. September 12, 1932, at 12 o'clock noon. By l\Ir. STEPHENS : A bill ( H. R. 12596) for the relief of Frederick S. Easter; to the Committee on Naval Affairs. CHANGE OF REFERENCE. By Mr. SW~J{: A bill (H. R. 12597) for the relief of John H. McAtee ; to the Committee on Military Affairs. rnder clau e 2 of Rule XXII the Committee on Invalid Pen Also, a bill (H. R. 12598) granting a pension to Antoinette f:ion ·· was discharged from the consideration of the bill ( H. R. C. Constant; to the Committee on Invalid Pensions. . 12436) granting a pension to J a es l\IcDonougll, and the same By Mr. TILSON : A bill ( H. R. 12599) granting a pension to .wa.., referred to the Committee on Pensions. Elizabeth J. Phelps; to the Committee on Invalid Pensions. Also, a bill ( H. R. 12600) to correct the naval record of Harry Are tu Walters ; to the Committee on Naval Affairs. PUBLIC BILLS, RESOLUTIOXS, AND MEMORIALS. By Mr. WI LIA.MS of Illinois: A bill (H. R. 12601) for the Under clause 3 of Rule XXII, bills, resolutions, and memor relief of Edna Mae Baii·d; to the Commiitt~ on Interstate ancl ials were introduced and severally referred as follows: Foreign Commerce. By Mr. CABLE: A bill (H. R 12576) providing for the pur Also, a bill (H. R. 12602) for the i'elief of Edna Mae Baird; cha e of a "ite and the erection of a public building thereon at to the Committee on War Claims. Wapakoneta, Ohio, and for other purposes; to the Committee on Public Buildings and Grounds. PETITIONS, ETC. By Mr. SEARS: A bill (H. R. 12577) to extend the market news service to certain States; to the Committee on Agriculture. Under clause 1 of Rule XXII, petitions and papers were laid By Mr. l\IALONEY: A bill (H. R. 12578) to amend an act en on the Clerk's desk and referred as follows: t itled "An act to authorize the association of producers of 6283. By the SPEAKER (by request): Petition of Western agricultural product ," approved February 18, 1922, and to au Swedish Conference of Methodist Episcopal Church, in con thorize association of producers of fishery and other sea prod ference at Stratford, Iowa, favoring the passage of House Joint uct ; to the Committee on the Judiciary. Resolution 159, proposing an amendment to the Constitution of Br 1\lr. NORTON: A bill (H. R. 12579) to provide for the the United States to prohibit sectarian appropriations; to the purchase of a site and the erection of a building for postal and Committee on the Judiciary. other Federal purposes at Clewlnnd, Ohio; to the Committee on 6284. By Mr. Al'l'SORGE: Petition of Sailmakers' Union, Public Buildings and Grounds. Port of New York, favoring passage of ship subsidy bill; to By 1\lr. 1\lURPHY: A bill (H. R. 12580) to authorize the Sec the Committee on the Merchant Marine and Fisheries. retary of the Interior to issue oil and gas permits and leases 6285. By Mr. BROWN of Tennessee: Papers to accompany to person equitably entitled thereto, and for other purposes; House bill 12583, granting a pension to Ava Pinkerton; to the to the Committee on the Public Lands. Committee on Invalid Pensions. By Mr. HOCH: A bill (H. R. 12581) to establish a board of 6286. By Mr. CULLEN: Petitio:o. of Central Trades and Labor railroad adjustment for the settlement of disputes arising be Council of New York, favoring the impeachment of Attorney tween carriers subject to the interstate commerce act and the General Daugherty and Federal Judge Wilkerson; to the Com employees of such carriers, to prevent the undue interruption mittee on the Judiciary. - of interstate commerce, and for other purposes; to the Commit 6287. By Mr. KISSEL: Petition of Insecticide and Disin tee on Interstate and Foreign Conunerc~. fectant Manufacturers' Association, New York City, N. Y., fa· [2382 CONG:RESSION ...U.i RECORD~SEN.A:.TE. SEPTE:~IBER 12 '· voring the placing of ·white arsenic on the free list; to the: opinion that a number of credits had·been extended and tbat Committee on Ways .and ·Means. the moral · obligatio~ .so .Qalled, obtai.Eed with reference to 6288 . .Also, petition . of Reg.ant Co. ~Inc.), New York City, · tb.Qse credits the same as to the Liberian credit. I find upon· ... r. Y., regarding flood waters of the .Mi sissippi; to the Oom- examining the record that there was a credit extended to rnittee on· Flood Control. . Russia of $450,000~000. 6289. !Also~ petition of Berger, Raphael & Wil~s, New York' Mr. STERLING. To what record does the Senater refer? City, X Y., regarding 'flood waters .of the ·:\lississippi; to the Mr. .BORAH. .I am e.:tamining the hearings before the Hoa e Committee on Flood Control. Committee on Expenditures in the State Department and read 6290. Also, petition of William Wallace Brauer, Esq., Wash-, ing from the testi,m.ony. of M1-. Folk, Secretary of State. ington; D. C., regarding the German debt; to the Committee Mr. STERLING. I wonder why it is that the Secretary .of on Foreign Affairs. the Treasury in two reports has stated• that a credit of only 6291. -Also, petition of Chas. C. 'BrZldley, Esq., of Brooklyn, $181,000,000 was . extended. N. Y., fa.-voring a ·duty •Of 40 per cent en wire cloth; to th,e l\Ir. BORAH. There were some withdrawals afterwards Committee on Way and illeans. which I presume justified the Secretary of the Treasury in 6..."92. By Mr. LEA of California: Petition of 13 citizens of. stating what he did, but those withdrawals were no different Oakland, Calif., prote ting against the enactment of pending from the withdrawal under the Liberian loan. 1 'unday bill. ; to the Committee on the 'District of Columbfa. ~Ir. STERLI ·G. The question then is, What was the net 6293. By Mr. SL ·oLAIR : Petition of 1A. V. Scballern and credit gfren to · that Go-ver:nment? 5~ others, of Mandan, N. Dak., and vicinity, for the enactment Mr. ·BORAH. 'Then, the 'fact is that there was no credit of le~· lation insuring a minimum price ,on \Vheat and other given to Liberia beyond the $26,000 to enable the Liberian r p farm products; to the Committee .on Agriculture. resentattres to take a junketing trip to Paris. 6"294. AL o, petition of H. ·p, Hammer and 130 others. of Coop According to l\Ir. 'Polk, this was a complete Treasury state erstown, ·J.. ~. Dak., urging tile enactment of a law for a set ment. The statement referred to was set out in the hearings, price on ()'rain; to the Committee on Agriculture. and it discloses the following facts : Credits esta bli bed, llay 16, 1917, '$100,000,000; May 17, 1917, .$75,000,000; Au O'U t 23, 1917, '$100,000,000; Octeber 12, 1917, 50,000,000; all of which -make. $325.000,000. SEN'.!..TE. l\fr. STERLING. The Senator is reading the credit ex tended to ·Russia! TUESDAY, Septem,ber n, lfmB. Mr. BORAH. Yes. Then, on page 19 of tho e hearing , )lr. · (Legisla.tfoe day of Monday, "Sept<:7mber 11, 1922.) ' l\lcFADDEN said: Mr. Polk. as I under tand, the total cre