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1916. CONGRESSIONAL TIECORD-SEN.A_TE. - 9427

By 1\lr. CARY: & bill (H. R. 1G363) · granting u pension to Also, petitions of Patrick J. Lyons and Gustaf Loderman. George Thompson; to the Committee on Invalid Pensions. of Newport, R. I., indorsing House bill 112; to the Committee By 1\Ir. CRISP: A bill (H. R. 16364) grunting a pension to on the District of Columbia. George W. Sanders; to the Committee on Pensions. Also, memorial of National Association of Vicksburg Yeterau. , By Mr. CULLOP: A bill (H. R. 16365) granting an increase fa\oring House bill 11874, relative to reunion of soldiers nt of pension to John Mallett ; to the Committee on ln\alid Pen· Vicksburg National Military Park; to the Committee on Mili­ sions. tary Affairs. By Mr. MEEKER: A bill (H. R. 1G3G6) for the relief of C. W. Also, petition of citizens of Rhode Island, favoring House Struckmeyer; to the Committee on Claim . bill 15731, relative to compensation of commissioned warrant By 1\Jr. PARKER of New York: A bill (H. R. 1G3G7) grant­ officers of · United States Navy; to the Committee on Naval ing an increase of pension to Oliver Jones; to the Committee Affairs. · on Invalid Peusions. Also, petition of employees of the United States Go\ernment Also, a bill (H. R. 163GB) granting an inct·ease of pension to at naval torpedo station, Newport, R. I., favoring House bill Elizabeth Weiss; to the Committee on Invalid Pensions. 11876, Nolan bill; to the Committee on Labor. By Mr. RAl~DALL: A bill (H. R. 16369) granting an in­ By 1\Ir. STEPHE"NS of Texas: l\Iemorh;tl of Union and Con­ crease of pension to Albert 0. McNulty; to the Committee on federate Veterans of tbe Civil War, relative to reunion at Pensions. Vicksburg ; to the Committee on Military Affairs. By Mr. REILLY: A bill (H. R. 16370) granting a pension to Jolm F. Chamberlain; to the Committee on Pensions. l\fy Mr. STINESS: A bill (H. R. 16371) for the relief of Roy SENATE. S. Shepard ; to the Committee on Claims. SATURDAY, June 10, 1916. By Mr. TAGGART: A bill (H. R. 16372) granting a pension to Catherine J. Stephenson; to the Committee on Inntlid Pen­ lle''· Boyd V. Switzer, of the city of Washington, offered tliC sion . following prayer: Also, a bill (H. R. 16373) for the relief of Je ·se S. Fairleigh; Almighty God, our heavenly Father, we thank 'Thee that to the Committee on Claims. through all ·of the years of om· national life Thy g1·eat spirit has overshadowed us. We rejoice that 'rhou hast made us, AL o, a bill (H. R. 16374) granting an increase of pension to and hast made us become a great people. To Thee. and to Francis M. Miller ; to the Committee on Invalid Pension ·. Thee alone, we give praise for all that we have wrought and Al. o, a bill (H. R. 16375) granting.an increase of pension to for all that we have become. Thou, aPd Thou alone, art the Sarah C. Roberts; to tile Committee on Invalid Pensions. One to whom we lift our hearts in praise and thanksgiving; Also, a bill (H. R. 16376) granting a pension to Robert Cook; and yet, our Father, Thou hast led us in these days face to to the Committee on Invalid Pensions. face with great problems to be solved, and bast imposed upon By Mr. Wl\1. ELZA WILLIAMS: A bill (H. R. 16378) grant· us tremendous responsibilities. We realize that mere human ing a pension to Harry L. Peebles; to the Committee on Pension . ability is inadequate to cope with these things, but. 0 Lord, Thou who_art the God of our fathers art our God also, and Thou wilt not fail us nor be deaf to the cry of om· hearts. PETITIO~S, ETC. Continue, we pray Th~, to inspire us with Thy spirit, and Uuder clause 1 of Rule XXII, petitions and papers were laid constantly, we pray Thee, give wisdom and courage and strength on the Clerk's desk and referre

S. 3861. An act to amend an act entitled "An act to amend The m age further announced that the House had passed the an act entitled 'An act for the withdrawar from bond tax free following bills, in which it requested the concurrence of tbe of dome~tic alcohol when rendered unfit for beverage or liquid Senate: medicinal u. e~ when mixed with suitable denaturing materials,'" H. R. 217. An act to authorize the sale of school property in approved 1\Iarcb 2, 1907; the city of Denver, Colo., and for other purposes; S. 3929. An act validating certain applications for and ·en­ H. R. 393. An act to authorize an exchange of lands with the tries of public lands; State of North Dakota for promotion of experiments in dry-land S. 4401. An act to conctuct investigations and experiments for agriculture, and for other purposes; ameliorating the wrought to the fisheries by predacious H. R. 465. An act to prohibit the sale or gift of intoxicating fishes and aquatic animals; liquors to minors within the admiralty and maritime jurisdiction S. 4550. An act granting to the Portland, Vancouver & North­ of the United States; ern Railway Co. a license to cross the Vancouver Barracks Mili­ H. R. 486. An act authorizing the Secretary of the Treasury tary ReRervation at Vancouver, Wash.; to sell the old post-office building and site thereof at York, Pa. ; S. 4760. An act to authorize the change of name of the steamer H. R. 549. An act to regulate the interstate transportation of Normania to WWiam F'. Stifel; immature calves; · S. 5310. An act to authorize the county commissioners of H. R. 721. An act to provide divisions of mental hygiene and Walla Walla and Franklin Counties, Wash., to construct a bridge rural sanitation in the United States Public Health Service; across the Snake River between Pasco and Burbank; H. R. 3690. An ad repealing certain sections contained in the S. 5348. An act to authorize the exchange of lot 10, section 19, urgent deficiency act approved December 22. 1911 ; township 45 north, range 114 west, sixth principal meridian, for H. R. 6923. An act to autboriz.? the construction, maintenance, certain private lands needed in connection with the construction and operation of a bridge across Little River at a point where of Jackson Lake Reservoir, Wyo., and for other purposes; the line between townships 12 and 13 nortbt range 8 east, crosses S. 5805. An act permitting the Riverview Ferry Co. to con­ said river; struct, maintain, and operate a bridge across the Yellowstone H. R. 9542. An act to amend the second paragraph of section River in the State of .Montana; 3264 of the Revised Statutes of the United States as amended by S. 5841. An act to authorize the Perdido Bay Bridge & Ferry section 5 of the act of March 1, 1879, and as further amended by Co .. a corporation existing under the law" of the State of Ala­ the act of Congress approved June 22~ 1910; bama, to construct a bridge over and across Perdido Bay from H. R. 10251~ An act authorizing the Kansas City & :Memphis Lillian, Baldwin County, .Ala.~ to Cummings Point, Escambia Railway & Bridge Co. to make settlement with Crittenden County, Fla.. ; County, Ark., and for other purposes; S. 5851. An act to extend the time for constructing a bridge H. R. 10849. An act granting the consent of Congress to across the Eastern Branch of tile Elizabeth River in Virginia; Ashley County, Ark., to construct a bridge across Bayou Bar­ S. 5911. An act granting pE:'nsron and increa e of pensioru· to tholomew; certain soldiers and sailors of the Civil Wur and certain widows H. R.10925. An act authorizing Ashley County, Ark., to con­ and dependent relatives of such soldiers and sailors; struct a bridge across Bayou Bartholomew; S. 6041. An ad granting the con. ent of Con~ess to Jac1--son H. R. 11150. An act for the relief of mail contractors ; County, Miss .. to construct a bridge across West Pascagoula H. R.11878. An act to amend ection 99 of the act to codify, River. at or near Pascagoula, 1\Iiss. ; and revise, and amend the laws relating to the judiciary; S. J. Res. 47. Joint re otution authorizing the Secretary of H. R 11958. An act to provide fm~ the sale of certain Indian Commerce to sen skillS' taken from fur seals killed on the Pribilof lands in Oklahoma.. and for other purposes; · Islands for food purpo. es. H. R. 12030. An act to amend an act entitled "An act to provide · The me 'sage al o announced that the House ball passed the · for the disposal of certain lands in the Fort Berthold Indinn bill ( S. 31) for the relief of John L. Sevy with an amendment, in Re ervntion, N . .pak.," approved Arrgust 3, 1914; which it requested the concurrence of the Senate. B. R. 12123. An act to appropriate money to build and main­ Themes age furtbe1· announced that the House had passed the tain roads on the Spokane Indian Reservation; bill (S. 33) for the relief of Daniel l\J. Frost with an amendment, H. R. 12197. An act authorizjng Ashley Oountyt Ark., to con­ in which it requested the concurrence of the Senate. struct a bridge across Bayou Bartholomew; The mes~ age also announced that the House had passed the H. R. 12208. An act adding certain lands to the Teton National bill ( S. 733) providing for patents to homesteads on the ceded Forest, Wyo. ; portion of the Wind River Reservation In Wyoming with an H. R.12362. An act _granting the consent of Congress to the amendment. in which it requested the concurrence of the Senate. Dalla'S & Southwestern Motorway Co. to construct a briuge . The message further announced that the House bad passed the across the Brazos River, in the State of Texas; bill (8. 136) for the relief of Eva M. Bowman with an amend­ H. R. 12455. An act authorizing and directing the Secretary ment, in which it requ~ted the concurrence of the Senate. of War to lease to Charleston-Dunbar Traction Co~ a certain The rues age also announced that the House bad passed the strip or piece of land owned by the United States Government on bill (S. 1741) for the relief of certain homestead entrymen for the Great Kanawha River in West Virginia; lands within the limits of the Glacier Natio_nal Park with H. R.13233. An act authorizing thE> Secretary of Commerce to amendments, in which it requ~"ted the concurrence of the Senate. exchange lands belonging to the United States at the mouth of The message further announced that the House had passed the Crum River, Pa., for other lands adjacent thereto, ior the pm·­ bill ( S. 36) to authorize the Secretary of the Interior to issue pose of removing thereto the Schooner Ledge Range Front Light, patents for certain lands to the town of Duchesne, Utah, with su that it may be on the range of the channel of the Delaware amendments, in which ir requested the concurrence of the Senate. River, and furthe!." authorizing the Secretary of Commerce to The me 'Sage also announced that .the Bon e bad passed the remove said range light from its pre.:;ent location_ to the property bill (S. 4026) authorizing and directing the Secretary of War to ac-quired by the exchange ; abrogate a contracJ leaRe of land and water power on the 1\tus­ H. R. 13298. An act authorizing the Secretary of thE> Interior kingum River, Ohio, with amendments, in which it requested the to make payments to certain Indians of the Rosebud Sioux Res­ concurrence of thE> Senate. ervation, in the State of South Da-kota. who were enrolled and The message further announced that the House bad passed the allotted under decisions of the United States distrfct and circuit bl' (S. 3203) granting to the city of Lemmon. S. Dak., certain courts for the district of South Dakota; lands for re ervoir purposes with amendmentst in which it re­ H. R. 13669. An act to authorize the county of Waba b, in the quested the concurrence ot the Senat~ State of Indiana. to construct a bridge across the Wabash River The message al o announced that the House ha.d passed the at the city of Wabash, Ind.; bill (S. 4268) to satisfy C'PJ'tain claim..c:; against the GovE'rnment H. R. 13715. An act granting the consent of Congress to C. .M. arising under the Navy Department with amendments, in which Simp on, Z. T. Hedges. J. C. Haelrney. and Mark Brown to con­ it requested the concurrence of the Senate. struct a bridge acro"s Bayou Bartholomew, Ashley County; The mes age further announced that the House had passed Ark.; the bill ( S. 5910) authorizing the sale of the lighthouse reserva­ H. R. 13835. An act to authorizf)- tlr~ county commissioners of tion at Scituate, Mass., with amendments, in which it requested Aitkin County, Minn., and the town board of Logan Township, the concurrence of the Senate. in said county and Raid State, to construct a bridge aero s The message al o an noun "'ed that the House agrees to the the Missi sippi River on the line bet\veen secti(}ns 26 and 27, runen

H. R. 13984. An act grantinb to the city of Philadelphia, in the There being no objection, the petition was referred to the State of Penn~yl\ania, a· rigllt of way through t11e United States Committee on Interstate Commerce and ordered to be printed in military resenution at Fort Mifflin, Pa.; the RECORD, as follows: H. R.1442G. An act to amend section 6 uf the act entitled "An To U 'ITED STATES SE:s-ATE, act to incorporate the American National Red Cross," approved Care of Senator MYEns, Tfashillgtou, D. C.: January 5, W05; Undersigned earnestly petition for the passage of Kenyon-Sims bill, or som~ other that will prevent the nullification of State antigambling H. R.14471. An act to amend an act entitled "An 'act to codify, laws by prohibiting the sending of race-gambling odds and bets from or re,·ise, and amend the laws relating to the judiciary"; into any State, Territory, District, or possessioJ} of the United States. H. R.14483. An net to authorize the construction of a bridge Above petition was adopted by vote in the to,vn of East Helena, State ot Montana, by Methodist Episcopal Sunday School, anu undersign~:;d across the Missouri Ri'ler at or near the city of Williston, was authorized to so attest. N.Dak.; . FLOnE~CE J. hlADDnELL1 H. R14;)33. An act to authorize the Secretru·y of the Interior Sttperintenacnt Prestdinu. to issue a patent in fee simple to the district school board No. M1·. VARDill\l.AlT. I ha\e received a -letter in the nature of n. 112, of White Earth Village, Becker County, 1\linn., for a certain memorial from C. S. Butterfield, a very prominent banker in tract of land upon payment therefor to the United States in trust Mississippi and president of the First National Bank of Brook­ for the Cbippe\\a Indians of Minnesota; haven, Miss., calling attention to some of the defects in our H. H. 14534. An act granting the consent of Congres to the banking laws and to the clause of the reseJ.·ve act requiring all ::\lis.· ouri River Transportation Co. and its successors and assigns banks to clear at par through the reser"fc bank. I ask that the to construct, maintain, and operate a bridge and approaches communication be printed in the RECORD and referred to the acro ~ s the Mis omi River; Committee on Bunking and Currency. H. R. 14725. An act authorizing tile Secretary of the Interior There being no objection, the commuulcation was referred to . to subdivide a part of the town site of Plummer, Idaho, and for the Committee on Banking and Currency and ordered to be other purposE's ; printed in the RECOBD1 as follows: n. R.14823. An act to authorize t11e Savage Bri

9430 CONGRESSIONAL RECORD-SENATE. JUNE 10,

By Mr. SHAFROTH: and ask unanimous consent to have published in the RECORD a A bill (S. 6342) to auth01ize and provide for the manufac­ large amount of matter which it seems to me ought not to be tm·e, maintenance, distribution, and supply of gas in the district printed in the RECORD. of South Hilo, county of Hawaii, Territory of Hawaii; to the Mr. THOMAS. 1\Ir. President, it seems to me that if the Committee on Pacific Islands and Porto Rico. Senator from Vermont is so anxious for debate he might satisfy By Mr. CHAMBERLAIN: himself entirely by reading the proceedings, if he can secure A bill {S. 6343) granting a pension to Joseph W. Hicks; to them, of the night sessions of the peace conference between the the Committee on Pensions. two conventions now in ession in Chicago. By Mr. REED: M1·. FLETCHER. Mr. President, with reference to the com­ A bill (S. 6344) granting a pension to Louise Brown (with ment made by the Senator from Vermont [ Ir. PAGE] in regard accompanying papers); to the Committee on Pensions. to the matter I presented and asked to have printed in the By Mr. M.AJtTINE of New Jersey (for Mr. JoHNSON of RECORD, I will say to the Senator that I have only followed the Maine): precedent set by other Members of the Senate. I do not know A bill ( S. 6345) granting an increase of pension to Bailey why the Senator should have singled me out as he has, for I Mitchell (with accompanying pa_pers); to the Committee on have only made the 1·equest for the printing of a pamphlet which Pensions. contains a very excellent address, and one which I am sure the AMENDMENTS TO .AGRICULTURAL APPROPRIATION BILL. Senator from Vermont will be interested in reading. Mr. WORKS. 1\Ir. President, I question very much whether Mr. FT...ETCHER submitted an amendment proposing to appro­ this sort of proceeding is not in violation of the unanimous­ priate $140,920 for the purchase, propagation, testing, and distri­ consent agreement respecting the business of the Senate. I do bution of new and rare seeds, intended to be proposed by him to not just now .recall the terms of that unanimous-consent agree­ the Agricultural appropriation bill (H. R. 12717), which was ment-- ordered to lie on the table and be printed. , He also submitted an amendment proposing to appropriate Mr. THOMAS. I will read it to the Senator, if he desil'es. $284,970 for all necessary expenses for investigations and experi­ Mr. WORKS. But it seems to me that any matter which ments in dairy industry, intended to be proposed by him to the calls for action on the part of the Senate, although it may be Agricultm·al appropriation bill (H. R.12717), which was ordered by unanimous consent, ought not to be brought before the Sen· to lie on the table and be printed. ate at this time. . He also submitted an amendment proposing to appropriate Mr. THOMAS. Mr. President, the unanimous-consent agree· $221,820 for all necessary expenses for investigations and experi­ ment reads, in part, as follows; ments in animal husbandry, etc., intended to be proposed by him ·That between the said dates of June 3 and June 19 there shall be no action by the Senate en any pending measure, nor shall bustness ot to the Agricultm·a1 -appropriation bill (H. R. 12717), which was any kind be transacted other than the introduction of bills and resolu­ ordered to lie on the table and· be printed. tlons, tbe presentation of petitions, and the recep'tion of communica­ tions from the Presijent and Bouse of Representatives. SPEECH OF :REAR ADMIR.A.L WILLLA.M "S. BEN SON. If the Senator feels 'that asking for the printing in the REconD Mr. THOMAS. Mr. President, I ask unanimous consent to of the document which I offered, whiCh consists of a speech, • have printed in the REcoRD a speech of Rear Admiral William S. and, I think, a very important one, made at a dinner to the Benson. United States Navy, of Na:val Operations, de­ alumni 1:,'iven by the Naval Academy graduates by Admiral livered in response to the toast, "The Navy,' at a dinner to the Benson, who is now the Chief of Naval Operations, is even indi­ alumni given by the Naval Academy Graduates' Association rectly a disregard of that unanimous-consent agreement, I de­ Tue day evening, June 1, 1916. sire to withdraw the request. The PRESIDING OFFICER. Without objection, it is .so Mr. WORKS. I suggest to the Senator whether that is not ordered. so. Of course, the presentation of petitions calls for no action MANUFACTURE OF NITRATES. on the part of the Senate; the same thing is true with respect Mr. MARTINE ofNew Jersey. Mr. President, in view of the to bills; nobody could object to that; but when it is propo ed voluminous discussion in which this body recently indulged dur­ to print something in the RECORD, that request does eall for ing the consideration of the military reorganization bill, with action on the part of the Senate. reference to the establishment of a plant for the purpose of ex­ Mr. THOMAS. Then, 1\lr. President, I ask leave to withdraw tracting nitrogen from the 11ir, I desire to say that I have here the request which I made, because I do not want even to seem in my hand an extract from the report of the proceedings of to disregard or violate the spirit, to say nothing of the letter, the Eighteenth Ordinary General Meeting, beld within the Me­ of the unanimous-consent agreement chanics' Institute, Bridge Street, Bradford, England, Monday, Mr. SMITH of Georgia. Mr. President, I should like to ug­ the 28th of February, 1916. by the .Bradford Dyers' .Association gest to the Senator from California that the presentation of (Ltd.), touching the matter of dyestuffs and high explosives. petitions always involves the question of consent to print tho e I think the report will be of infinite interest to the people of the petitions in the RECORD, and that it would seem, therefore, that United States, and as it is short, I ask that it may be printed as the reservation of the right to present petitions was inended to a publie document without reading. carry with it the privilege, if the Senate sees fit, to print the The PRES~ING OFFICER. Without objection, such will be rna tter so presented. the order. Mr. WORKS. That may be so; but I have my_doubt about ADDRESS BY HON. JOHN SKELTON WILLIAMS. it. I wish to say to the Senator from Colorado that I am not saying this because I have any objection to the matter which Mr. FLETCHER. Mr. President, I ask unanimous consent to have printed in the RECOBD a very admirable addres delivere

1916. CO:NGRESSION \_L RECORD-SENATE. 9431 instance, here i:s a speech which the Senator from Florida has eluding Sunday, there was still a fourth day to be considered, sent up nnd which is qulte lengthy. which would be included in the computation either by the inclu· Mr. WORKS. In -view .of whnt I have stated, I shall enter sion of Saturduy or the inclusion of Thursday. an objection, not because I have objection to any of the different Mr. SMITH of Georgia. Mr. President, if the Senator will documents which have been offered, for they may be entirely allow me, I was not referring to the recent criticism in the proper matter to go into the REconD, but I make the objection on House of the action of the Senate, but to a controYersy which the ground I have stated. bas been going on in the House for quite a length of time, and The PRESIDING .OFFICER. To what does the Senator from in which a different view has been had upon this subject. California object? Mr. THOMAS. Oh, yes. That controversy arose during the Mr. 'YORKS. I object to the printing in the RECORD of any adjournments of Congress when Mr. Re~d was Speaker, in order of the documents which have been presented, as that action calls to force the action of the Senate. I am somewhat familiar for unanimous consent. with that controversy. I think the general trend of sentiment Mr. THOMAS. Then, Mr. Presi

Mr. JO~TES. The Ch::tir thinks that under the unnnimons-con· I assume it is reciting in fact an act of the legislature. Cer­ sent agreement these bills from the House can be referred to tainly we do not pass an act of Congress to say that it shall the committees? If thnt is true, I just wanted to suggest that be approved by the Congress of the United States. That is what these bills from the House might be referred. the act does itself. The PllESIDil~G OFFICER. The unanimous-consent agree­ · Mr. 'VATKINS. Mr. Speaker, if the gentleman desires any ment provides that we may receive messages from the House, informati()n about that, if he will permit me, I will state that but the Chair does not know whether or not we would be strictly there was a bill which was passed by the Hawaiian Legislature conforming to it if \Ye referred bills received in a message from and this Congress was asked to approve that bill, and there the House. were some features in the bill that the committee could not sec 1\lr. JONES. That is .tl1e question upon which I wanted to its way clear to approve, anu there were se\"eral hearings ha(l secure the opinion of the Chair. upon it. The bill in the shnpe in which it now is was very care­ The PRESIDING OFFICER. The Chair thinks it would fully considered on two different occasions by the entire com­ be safer not to refer the bills. . mittee and also tl1oroughly considered by the subcommittee. It Mr. JONES. It will be the understanding, then, that all mes­ is a privilege which the citizens of that district are exceedingly ~ sages from the House will simply be held? anxious to have. There are only about 10,000 people in that The PRESIDING OFFICER. It makes very little difference, whole cotmtry. because no progress would be made any-\vay. Mr. MANN. The gentleman from Louisiana does not get Mr. JONES. I simply desired to understand thnt, so that I the point I was making. , might not have to be here. There are one or two bills that have 1\Ir. WATKINS. Does the gentleman refer to the time~ come from the House in the reference of which I am interested. There are only 10,000 people there, and all the territory is The PRESIDING OFFICER. The Chair will hold that such taken up which is available for cultivation. It is very limited bills can not be referred. The question recurs on the motion of in extent and also in population, and they thought it would be a the Senator from Georgia thnt the Senate adjourn until Tuesday great opportunity for them to have the privilege of putting an next at 12 o'clock meridian. electric-light plant there. They have been waiting since 1913 The motion was agreed to; and (at 12 o'clock and 25 minutes for that privilege. p. m.) the Senate adjourned until Tue day, June 13, 1916, at 12 . Mr. l\1AI!N. I was referring to the foriL of the bill. I as­ o'clock meridian. sume, although there is no statement to that effect in the bill or the report, that the Territorial legislature passed an act which under the organic act we are required to approve. This HOUSE OF REPRESENT.A.TIVES. bill is not in the form of an approval of an act of the Territorial legislature. Here is section 17, the last section of the bill. SATURDAY, June 10, 1916. Here is the way it reads : That this act shall take effect and be law from and after the date of its approval by the governor of -the Territory of Hawaii, subject, how­ The House met at 11 o'clock a. m. e\er. to the approval of the Congress of the United States. The Rev. C. Everest Granger, D. D., pastor of Gunton Temple Presbyterian Church, Washington, D. C., offered the following In other words, if we pass this bill, it would not take effect prayer: until it had been approved by the governor of the Territory ot Almighty God, Maker, Sustainer, Preserver of all things, Giver Hawaii and after it had received the approval of Congress. Mr. WATKINS. Will the gentleman permit me one moment? of good, we meet in Thy name to-day, and in Thy n~me we desire to proceed with all our deliberations. We pray that Thou wilt . Mr. 1\IANN. Yes. dir.ect us in the exercises of the hour and of the day, that all 1\Ir. WATKINS. If the gentleman will look at page 12 of the things may be done to Thy honor· and to the betterment of man­ Senate bill, which I ask to hnve substituted for the House bilJ, kind. Help us, we pray Thee, in life's way, that we may not section 17 says that this act shall take effect on and after the simply be good. but good for something. Sanctify us through date of its approval by the governor, subject, however, to the Thy truth. We pray that Thou wilt give us Thy mind, that approval of the Congress of the United States. we may ba\"e diYine wisdom, and Thy heart, that we may look , Mr. 1\IANN. Has the Senate bill been reported? upon the ueeds of mankind and have a true fellowship and true Mr. WATKINS. Yes; it has been passed. I do not under­ brotherhood in life. Lead us in the way everlasting. Preser\"e stand it has been reported here. us as a Nation and as individuals to do Thy will. Through Jesus Mr. MANN. Where is it on the calendar? I am frank to say Christ we ask it. Amen. I have not seen the Senate bill. The Journal of the proceedings of yesterday was read and ap­ :Mr. 'VATK.INS. I will hand to the gentleman a copy of it. Here it is. proved. Mr. MANN. Oh, that is reported in the Senate. I do not EXTE~ SION OF REMARKS. know whether the Senate has passed it or not. l\lr. RANDALL. Mr. Speaker, I ask unanimous consent to The SPEAKER. Is there objection? extend my remarks in the RECORD on the subject of prohibition. Mr. MANN. I think this bill ought to lie over until we know The SPEAKER. The gentleman from California [Mr. RAN· what it is. Manifestly you can not pass it in the shape it is in. DALL] asks unanimous consent to extend his remarks on the The SPEAKER. The gentleman from lllinois objects.· subject of prohibition. Is there objection? There was no objection. D. K. HEMPSTEAD DESIG~ATED AS ACTING CLERK OF THE HOUSE. The SPEAKER. The Chair lays before the House the fol- CALE.NDAR FOR UNAl"'ITMOUS CONSEl~T: lowing communication from the Clerk of the House, which the The SPE.AKER. ~he Clerk will report the first bill. Clerk \'\ill read. ELECTRIC SERVICE, ISL.L.~D OF KAUAI, HAWAII. The Clerk read as follows : The first business in order on tile Calendar for Unanimous HOtiSE OF REPBESEXTATIVES, Consent was the bill (H. R 9226) to authorize and provide CLERK' S OFFICE WashingtOil, b. 0. for the manufacture, maintenance, distribution, and supply of llon. Cn. .nrP CLABR, electric light and power within the Lihue district and the Koloa Speaket. district, county of Kauai, Territory of Hawaii. Sm: Desiring to be absent from my o.ffi.c& for a shot·t period of time, I hereby designate D. K. Hempstead, one or my assistants. to act in my The title of the bill was read. o.ffi.cial capacity during my absence. Mr. MANN. Mr. Speaker, I ask unanimous consent that the SOUTH TRIMBLE, Olerl•. same order prevail with reference to bills objected to-that they shall remain on the calendar-as was observed before. IJtiSE OF LA..."'\DS, FORT KEOGH MILITARY RESERVATION, 1\IONT. The SPEAKER. The gentleman from Illinois asks unanimous The SPEAKER. The Olerk will report the next bill. consent that when a bill is objected to it goes over without The next business on the Calendar for U.w:'tnimous Consent prt>jud!re. I s there objection? was the bill ( S. 3101) authorizing the Secretru·y of War to ex­ Mr. JOHNSON of Kentucky. Does that mean all bills, Mr. tend the lease issued under the act of August 23, 1912, entitled Speaker, that are objected to? "An act authorizing the Secretary of War to lease to tne Chi· The SPEAKER. Y cs. Is there objection? cago, Milwaukee & Puget Sound Railway Co. a tract of lanJ in Tht!re was no objection. the Fort Keogh Military Reservation, in the State of 1\lontun n. The SPEAKER. Is there objection to this bill? and for a right of way thereto for the remo\al of gravel aml 1\Ir. 1\IANN. Reserving the right to object, this bill in form ballast material." is just an act of Congress directly, and not approving an act of The title of the bill was read. the Hawaiian Legislature. But I notice among the first things The SPEAKER. Is there objection? in it it says, "privilege for the term of 50 years from and after 1\lr. CULLOP. Reserving the rigl1t to object, Mr. Speaker, I the approval of this act by the Congress of the United States." would like to have the chairman of the committee, or who- CONGRESSIONAL RECORD-HOUSE. 9433 e\er may ha\e the bill in Charge, give some information in re· Mr. CULLOP. In my ·country gravel hlnds sell from three gard to it. to five hundred dollars an acre without removing the gra¥el, and Mr. EVANS. I have not the bill in charge, but I know then they have to add the cost of r-emoval, so that this is a V"ery about it valuable material, and the people of those sections are most Mr. CULLOP. From the title of it I notiee that the right fortunate in this respect is gi\en to remove graTe! and ballilst mnterial from this tract Mr. JOHNSON of Washington. In my district there are many of land. Is that for commercial purposes? thousands of tons in mounds, in mountains, and on prairies. 1\lr. EVANS. It is for bn.llasting tbeir road. Mr. CULLOP. I cau say to the gentleman from WushitJ~tton Mr. CULLOP. They nre taking the material out of the Gov· that they wil) be needing all of that for-the building of roads ernment reservation for their mvn use? in time, and that it is a very \aluable material, and it ought not Mr. EVANS. Yes. to be given away by the Government. It should receive adequate 1\lr. CULLOP. Wh..'lt is the pay proposed? compensation. 1\lr. EV A.NS. I do not know what the pay is. The road at 1\lr. MANN. Mr. Speaker, will the gentleman rield? the pre. ent time has leased a 40-acre tract, and this is the Mr. CULLOP. Yes. recommendation of the War Department, to -extend it to· a Mr. MANN. We gave authority to this company to take gravel tract of about 240 acres. The road runs through a prairie from 40 acres of land if they would build a sidetrack to it and country where there is no gravel accessible, or rea onably so. deliver DO carloads of gravel a year to the Government at Fort Mr. CULLOP. That is one reason why it should be very Keogh. That bas been done, or is being done now. The 40 '\'aluable to the Government, and the Gov-ernment ought to re· acres of gravel are about used up, and they want :authority, cei\e a very handsome income from it. The rnilroad seems and this bill would give authority, to continue the work of taking to realize the value, and desires a much larger tract. · an additional amount of gravel practically upon the same terms. 1\lr. EVA.NS. I really do not know what the lnc<>me is, but The Government wants the use of the gravel at Fort Keogh this is under the recommendation of the Secretary of War, and and in this way obtains it for nothing. It is of no value except I fancy that under the circumstances they would get a reason· for a purpose of this kind. able compensation for it. Mr. CULLOP. I understand. It may not be of any value 1\Ir. CULLOP. I see no mention here, and if no one can give now, but in the near future it will be a very valuable property. any idea of what the compensation is, I think the bill should Mr. l\UNN. They are paying well for it now, I will say to go over. I hope some one will enlighten the House in this the gentleman. This matter was originally arranged by the Wnr matter. I do not believe it a wise policy for the Government to Department, as I recollect, for the purpose of getting grave-l give away valuable property, without compensation. delivered to the Government for nothing. These people are l\lr. GANDY. Mr. Speaker, will the gentleman yield? offering to continue the arrangement which the War Depnrt· Mr. CULLOP. Yes. ment is anxious to have them continue, because they waut the M1·. GANDY. This is the Milwaukee gravel-pit proposition. I use of the gravel, and because the railroad bus its track and ap. want to say to the gentleman that this is a peculiar condition, in proaches already there. It is distinctly in the interest of tho that the gravel is in mounds abo-ve the level of the ground, Government. · and the taking of the gravel from these mounds results in level· l\lr. CULLOP. I see that this provides an extension for a ing the ground. It does not leave the open pit that is usual in term of 10 years. the taking of gravel For that reason the War Department is 1\lr. MANN. Yes. perfectly willing that the r.aUroad shall perform for the depart· Mr. CULLOP. In 10 rears this ought to become very valuable ment the service of leveling -off this military reservation. if it is a rapidly growing community, because they will need it l\11·. CULLOP. Mr. Spe..'1ker, I would like to say to the gentle­ in building roads and the construction of streets. man from South Dakota [Mr. G.u.l>Y] that when the period of 1\lr. MANN. There is plenty of gravel up there, as far as that roau building comes in Montana there will be a very great de· is concerned, and it is of DO' value except for this purpose. The manu for this mate1·ial. and it will command a very good price. Government gets the benefit of this 50 carloads a year. For one I do not think that the Government ought to give it Mr. DAVIS of Texas. Will the gentleman yield? away at this time. In other States where they have gravel it Mr. CULLOP. Yes. sells :.t a good price, and is much in demand, because it is a \ery Mr. DAVIS of Texas. Has the gentleman from Indiana ever \aluable material in road building, and the road building will been over that country aud inspected these gravel beds? sooner or later be in operation in Montana, when all of this ma­ Mr. CULLOP. I have not. terial will be very much in demand. As this is in mounds above Mr. DAVIS of Texas. I have been all over that counb·y and the ground .it can be furnish~d at little expense, and hence is the have spoken in almost every important town. There are llun· more valuable for this reason. dreds of miles there where you can not build a road without re­ 1\lr. GANDY. Mr. Speaker, will the gentleman yield further? moving the graveL I am telling the gentleman the acred n·uth, 1\Ir. CULLOP. Yes. and I will ask the gentleman from Washington if that is not so. 1\Ir. GANDY. I would just like to say that the Mountain Mr. JOHNSON of Washington. It is. State;.., such as Montana and the western portion of the State in Mr. DAVIS of Texas. If the Government can get the ground which I reside, have wol'lds of road material, mountains of rock leveled down without expense, it is doing well. and limestone, to such an extent that it is of no commercial Mr. l\IANN. This bill is urged by the military authorities, value. The towns get all they want in their immediate vicinities because in this way they can get the gravel practically tor simply for the taking of it. nothing. Of course, the Milwaukee & Puget Sound Railway Co. . Mr. CULLOP. Yes; but this is so much cheaper and they can can get plenty of gravel in other places. build good roads for les eo t out of it. It makes a splendid 1\ir. SIMS. Will the gentleman yield? road, and the cbeaper the material the better it is for the people Mr. MANN. Yes. who must bear the expense. · Mr. SIMS. The G<>vernment will continue to get the same Mr. JOHNSON of Washington. Mr. Speaker, will the gentle­ amount of gravel in the future that it has in the past? man yield? Mr. MANN. Yes. · MT. CULLOP. Yes. l\lt·. ~IMS. And delivered exactly where it wants it? ~lr. JOHNSON <>f Washington. I would like to state that I Mr. 1\lANN. Yes. am familiar with these so-called gravel prairies. We have a Mr. SIMS. And so the railroad company is paying for the number of them in the State of Washington. gravel that it uses? 1\ir. CULLOP. Then -the gentLeman is very fortunate. Mr. MANN. Certainly. Mr. JOHNSON of Washington. In many cases the gravel is Mr. SIMS. Is it not a fact that all public utilities are reim­ in mounds, in excess r0f what could be used ·either in railroad bursed by the patrons of the service for every dollar that they building or road building in a hundred years, easily. put out? 1\Ir. CULLOP. The trouble is that we expect the State of 1\lr. MANN. That is b·ue, but I do not think that is any reason Washington to be on the map a good deal longer period than a for giving a railroad something for nothing. hunclred years, and they will be n€ed.ing the material there Mr. SIMS. No; but where there is so much gravel, if the longer than that. Government gives them something that they would otherwise Mr. JOHNSON of Washington. MI·. Speakel', I hope the gen· have to pay for, the patrons do not have to reimburse tbe com· tleman will not object. The use of some of this gravel-a com­ pany to that extent. I do not see why we should- not gi've it paratively small amount-to ballast a railroad the development to them. of which permits people to come into the country and settle it Mr. 1\IA.NN. I am not interested in the railroad, but this is up so that they may Later want ron.ds, is a part of the develop· something that the military authorities want :for the benefit of ment that we need so much in the West. the Government. ·-

9434 CO "'"GRESSION~\.1 1\ECORD-HOUSE. JUNE 10,

· 1\Ir. CULLOP. What occurs to me is that this gravel is very Ur. 1\IONDELL. 1\Ir. Speaker, this is an important matter Yaluable road material, and where they are building public that has been before tbe Hou e for quite a number of years. roaus it is in demanu and commands a good price. When this The Shoshone Indians feel that they have valid . claims against country is settled up and the population is as dense as it is the Federal Government, and I have been hoping that as the in . orne of the other States of the Union they will need this bill has been favorably reported it could be passed at this time, gravel. If they give it away now or sell it for a nominal price, in order that the claims of these Indians might be tried in the the time will come when they will regret it very much because Court of Claims. of the need they will have for it in building roads and streets. lUr. BORLAND. Is not that the old-- 1\Ir. 1\IAl\TN. I quite agree with the gentleman; but here is a The SPEAKER pro tempore. Is there objection? hill of gravel on the Fort Keogh 1\Iilitary Reservation. It 1\lr. l\lANN. I object. never will be sold to anybody, and by this means we get the The SPEAKER pro tempore. The gentleman from Illinois gmvel delivered for nothing on the tracks where the military objects. The Clerk will report the next bill. authorities want it So it seems to me better for the Govern­ ment to get it in this way than to procure it somewhere else. LIEU LANDS. 1\lr. CULLOP. Suppose the Government goes into the business The next bm~iness on the Calendar for Unanimous Consent of building roads, as proposed by some gentlemen, with an ex­ was the bill (H. R. 15096) to amencl the act entitled "An act to penditure of million. , then it will have this gravel to reduce the amend sections 2275 and 2276 of the Revised Statutes of the cost of the expenditure. United States providing for the election of lands fo1 educa­ 1\lr. 1\~"'N. I can see the gentleman's point, not quite so tional purposes in lieu of those appropriated," and to authorize strong m his c1istrict as it is in some parts of Illinois. If we had an exchange of lands benreen the United States and the se"\'eral this gravel in Illinois, it would be very valuable, because we States. · ltuve nothing of the sort there. The gentleman does ltave some The Cle1·k rend the title of the bill. gnt \~eJ in Indiana. The SPEAKER pro tempore. Is there objection to the con­ Mr. CULLOP. Some of the very best. sideration of this bill? 1\lr. 1\IANN. We do not have; but out here in tltis locality, lUr. 1\lANN. I object. tlle military re:erYation, what they want is dirt and uot gra-rel. l\Ir. 1\!0NDELL. 1\Ir. Speaker, will the gentleman withholu If they could transfer some of the gravel to Indiana and Illinois his objection for a moment? and get in exchange some of our good black dirt, it would be l\Ir. MANN. I resene the right to object. · valuable to them. Mr. l\101\TDELL. I want to suggE'St to tlte gentleman from l\Ir. CULLOP. "'e have as fertile land in Inuiana as they Illinois that the settlement of the lieu-land claims of the West­ have in Illinois, but pel'lmps not quite so much, only so because ern and Intermountain States is a matter that bas been pendin~ Indiana bas not as much territory as Illinois. This is Yaluable for quite a number of year . The situation is very trying. material not only for building purpo ·es, but in constructing Even those States that have had no controversy w\t\\ the Fed­ roads. If tbey give it away now, when they come to build the eral Government or among theiJ· own people in regard to their roads their product will be gone and it will cost the pniJlic just Jieu selections hnve been unable to have those selE'<'tions cel·ti­ that much more. fied, because of queRtions that have arisen in other States by 1\fr. BOULA.1'\TD. Will the gentleman yield? ren. on of the uecisions of the courts and otherwLo;;e. My own 1\lr. CULLOP. Yes. _ State has hac1 no question or contest witb the department. I 1\fr. BORLAND. Does not the gentleman think that they think the uepa1·tment could certify our selections at any time ua~ a little of this sand in Chicago for the cGnvention? very properly, but they refu. e to do so until the general ques­ :Mr. CULLOP. Well, they seem to have got some uf it there. tion of lieu selection is settled. I do not think the bill that the The SPEAKER pro tempore. Is there objection? committee have reported is a perfect measure, but I am sure 1\lr. CULLOP. ~Ir. Speaker, I shall not object. I relurtnntly the committee have done the very be t they could under the 'Yithbold the objection. circumstances, and have rea. onably well worked out a rather The SPEAKER pt·o tempore. rl'he Clerk "'il1 report tbe !Jill. complicated situation. I hopt~ the bill cnn be conRic1ered at this The Clerk read ns follows : · time, ns all of our Western States and their citiz.enR nre suffer~ Be ·it enacte!I, etc., That the Sec1·etary ·of War !Je, and he is hereby, ing by reason of the failure to . ettle these questions of lieu authorized in his tllscretion to extend the area covered by the lease ~election . Some of these luntls have been selected for 10 or i sued under the at:t :1pproved .August 23. 1912, entitled ''An a<:t autbor­ izinrr the Secretary of War to lease to the Chicago, Milwaukee & l:'uget 12 ~-ears. Supposing the1·e was no question u.s to the Yali<.lity Sou~tl Rn1lw:cy Co. a tract of land in the Fort Keogh Military HeserTa­ of these selections, the States ha-re. in many cases, leased or ~old. tion in the Htate of Montana, and for a right of way for the removal or agreed to sell, these Janus. Upon some of them valuable of gravel and ballast material.'' so as to include 241.67 acres, with necessary rights of way, for a t~rm of 10 years from the appro-rytl or improvements have been made. nn

1916. OONGRESSIONAL RECORD-HOUSE. 94~5

members from the States involved are. cognizant of this legisla­ difficulty arises out of the fact that in the State of California tion. Their State officirJs are cognizant of it, as is the depart­ some question arose as to just how far and in what manner · ment; and after these exhaustive hearings we have gotten the Heu selections should be made; no question as to the right of matter in shape now so that we fully protect the Government in the State to the acreage of lands and to make lieu selections. every detail, and permit the States to get only what belongs to The question was as to the meaning and proper interpretation tl1em, in some instances yielding to the higher use of any of this of the lieu-selection statute. The question arose in a little land to which it might be put, in the way of water-power sites, different form in the State of Washington, where a case was rights of way, and for other purposes that the Government might taken to the United States court. That was uot a question of see fit to withdraw it for before the selections are approved. I the right of the State to make the lieu selections, but as to the hope, and I know my hopes are not in vain, that we may be able manner and the place where the selections might be made. to get this legislation through the House and over to the Senate. Now, this bill attempts to clear up those questions which grew If there was no objection, we could do it to-day. There ought not out of the two decisions-one in California and one in Wash­ to be any objection, because it is so fair, and I trust the gentle­ ington. I think it settles the questions in a way that is fair man may see his way clear this time to let us pass this bill. both to the Federal Government and the State. It does not The SPEAKER pro tempore. Is there objection? give the States any more land than everyone admits the States Mr. MANN. Reserving the right to object, it is indeed an are entitled to. It does attempt to settle certain questions as ingenuous and simple-minded man who would honestly, candidly to the location and character of lieu selections. think he could pass a bill like this through the House by unani­ 1\fi-. MANN. Will the gentleman yield? mous consent. The gentleman says there have been exhaustive Mr. MONDELL. Yes. hearings by the Committee on the Public Lands. If that is the Mr. l\1ANN. I do not admit the States are entitled to it, and case, it is important enough for the House to consider it and not I have examined the matter for several years very carefully. pass it by unanimous consent without consideration. The report A great many people do not admit the States are entitled to on the bill is nearly 75 pages long. There are a dozen amend­ take very valuable land as lieu-land selections in place of less ments to it. It involves the giving up of a great deal of land valuable land. A great many people do not admit it. by the Government to the States in lieu of land which the States l\1r. MONDELL. The question of the value of the land, I will can not get; and to expect to pass it on the Unanimous Consent say to my friend, is not involved, except in that the rule laid Calendar shows a hopefulness beyond conception. down in this bill would give the States in some instances less l\Ir. RAKER. Will the gentleman yield right there for a valuable land than they would otherwise have been able to question? secure. Mr. 1\!ANN. I did not interrupt the gentleman. · The gentle­ Mr. TAYLOR of Colorado. Will the gentleman yield for a man from California is one in whom hope springs eternal, but suggestion? hE' knew when this bill was put on the Calendar for Unanimous Mr. MONDELL. Yes. Consent that it would not pass by unanimous consent. Now I Mr. TAYLOR of Colorado. Is it not true the lands now left yield to the gentleman. available are of very inferior quality, and is it not also true Mr. RAKER. I want simply to say, in answer to the gentle­ that under the terms of this bill that the States surrender the man, that those who have had sufficient time to investigate lt minerals in the land and also leaves that to the Federal Gov­ and have gone into it thoroughly, who two or three years ago ernment, so as a matter of fact the States get the worst of thought there might be some question, because in California the trade- alone there were some contests, have now come to the conclu­ Mr. MANN. Of course we all believe that. sion that this bill is all right. Those contests have all been Mr. DUPRE. Mr. Speaker, a parliamentary inquiry. dispo ed of by the courts, and there are now no adverse The SPEAKER pro tempore. The gentleman will stflte it. claimants. I simply desire to ask the gentleman if it would not Mr. DUPRE. Has consent of the House been given? have caused hopes to spring in the breast of any man when all The SPEAKER pro tempore. It has not ; and that is now the departments, after a full investigation, have recognized and the question as to whether unanimous consent shall be given. become convinced that the States' rights are proper, that the Is there objection? Government is protected, and that all the States which have land Mr. MANN. Mr. Speaker, I object. involved in this through their State authorities believe in and sanction this legislation, and all the Members from the West LASSEN VOLCANIC NATIONAL PARK. r~ognize and sanction this legislation. Wl1y, if I did not have The next business on the Calendar for Unanimous Consent hopes of its passing on the Unanimous Consent Calendar now I was the bill (H. R. 348) to establish the Lassen Volcanic Na­ never saw a bill about which I did have such hopes. tional Park in the Sierra Nevada Mountains in the State of Mr. MANN. 1\fr. Speaker, the gentleman is disingenuous. California, and for other purposes. All the western Members, all of the gentlemen repre~enting The Clerk read the title of the bill. States trying to get lands away from the Government, are in The SPEAKER pro tempore. Is there objection to the con­ favor of this bill. I do not doubt it. That of itself is a sus- sideration of this bill? , picious circumstance. These States get the land. They take Afr. JOHNSON of Washington. Mr. Speaker, reserving the 1t away from the rest of the country, possibly take it away right to object, I would like to ask if this proposed park is ft·om some settlers, but that fact shows that it is a bill that within a forest reserve? ought to be considered in the House and not passed without Mr. RAKER. I did not hear the gentleman's question. consideration. Mr . .TOHNSON of Washington. Is the tract proposed to be Mr. RAKER. When you can get the consensus of some 40 made into a national park within the confines of a forest people, competent men, who believe in maintaining the right~ of reserve? the Government, and after full investigation realize that this Mr. RAKER. Practically all; yes, sir. is proper legislation-- Mr. JOHNSON of Washington. 'Veil, if the national-park 1\lfr. MANN. I appreciate that, but I have not any doubt I 'bill, which has been proposed, be considered and passed, would could get the consent of all the Members of the House from not that take care of this proposition and preserve it for na­ Chicago on both sides, both Republicans and Democrats, in favor tional-park purposes without actually making it a park? of taking out a million or so dollars for the benefit of Chicago, 1\1r. RAKER. No, sir. You have to create your park, and but could I get the consent of the gentleman from California if the park service is created then it takes care of it. without thought on the subject? The SPEAKER pro tempore. Is there objection? [After a Mr. RAKER. There is a full report here showing m·erything. pause.] The Chair hears none. · l\Ir. MANN. I have read the report and the bill. I do not The Clerk read as follows: profess to be extremely bright about such things, but to save Be it enacted, etc., That all those certain tracts, pieces, or parcels or land lying and being situate in the State of California and within the my soul I can not tell what is meant by the bill. boundaries particularly described as follows, to wit: Beginning at the The SPEAKER pro tempore. Is there objection? northeast corner of section 3, township 31, range 6 east, Mount Diablo Mr. MONDELL. Will the gentleman withhold his objection meridian, California ; thence southerly to the southeast corner of ""aid section; thence easterly to the northeast corner of the northwest quarter just for a moment? of section 11, said township; thence southerly to the southeast corner M:-. MANN. Yes. of the southwest quarter of section 14, said township; thence easterly . 1\fr. MONDELL. l\lr. Speaker, I uo not want the gentleman to the northeast corner of the northwest quarter of section 24, said township; thence southerly to the southeast corner of the southwest from Illinois [Mr. lUANN] to create an impression in the House quarter of section 25, said township ; thence westerly to the southwest which is not entirely accurate, and I am sure he does not desire corner of .section 261 said township; thence southerly to the south~st to do so, in regard to the bill. The bill does not, as a matter corner of section 3~, said township ; thence westerly along the sixth standard parallel north, allowing for the proper offsets, to the north­ of fact, give any of the Western States any lands they are not <:ast corner of section 3, township 30 north, range 6 east ; thence south­ recognized by practically everyone as being entitled to. Th(l erly to the southeast co1·ner of section 27, said township; thence west- LIII-594 9436 CO . GRESSIO~ AL REGI()RD----HOUSE .. JUNE' 10,. erly to t.he- s.outhwest cmrner of the- aou:t.ht>alrlr. quarter. of· se-ction· 28 has eeded' jurisdiction ttr the Federal Government ovffi!" tile- fan said township ; them·e northerly. to the. northwest co.rner Gt tne south:­ us east quarte.c: of said sect:ion; thence westerly tu the: smrtlrwest corner of covered by forest?· the northwest quar~ of said section;: thenee nortHerly tn· the nor~ 1\:Ir-.- RAKER:. Not' yett west corner of sai bill"? thence northerly to the township line betw-een. township 30 a.ncL 3 north ; thence easterly along: the sirth standard par.aUcl northl allow­ ~. :MOND~. Mt-er. eomplete cessforr of· juriSdiction 01 ing for the proper off ets, to the- sontbwest corner· of· section 33, town­ tha State it will,. of. h, yes · ~ surely. . west corner of fractional- section 18, township 31 north, ran~ o ea'f't; '.l\tt MONDELr.. That will' be aone, I ns"ume, ufter the S ate thence ea.sterlJ to the soutliw-e:st corner of. section 12, said rownshii?: ha ceded jurisdiction.r thenct' no.rtherl:y to the no_rthwest corner of section- 1, Raid township j Mi:. RAKER. It iE the purpose to make so that it wiU thence easterly along the township line. oetween to:wnships 31 and. 3~ it- north to the northeast corne.r of section: 3~ township 31 north, range- 6 ~e beneficial tu the Go-rurnment andi to the people of tliis east the place. of begimrtng, are hereby reserved and withdra:.wn. from eeuntr~. settlement, occupancy, disllo 8.4 or sale, under the laws. of the United State , and said tracts are dedicated and set apart aa a publ1c park- or 1\Ir. B0RL.Al\1D. :1.\:fr"•• peaker, r move" to strike out the· f:.tSt pleasuring ground fGr thee benefit and enjoyment. of· the- ppople of the word. I thlnk this bilF is o:E some impartnnce. The:- gentl man United Sta-te!f under the- name :md ta be knoWll. ann designated a.s thi! ougfit tm­ nlty sclection. by virtue:- of any fa-w- or eon tract what:J oever shall be man, Lake Birtwell, Snag. Lake, the latter covering a couple of used as a. basis for indemnity selection in any St:I.1:2 o Terrltury what­ hundred' acres: Some· ot the old prellistori~ trees- t1iat1 were: soever for any loss sustained b::y ~:eason of the. creation o:L said park: there thou ands> of yelll'S ago are- still ticking out or the rake; SEc. 2. That said park shall be under tbe:. exclusive rontror of the Then tlie.re ar.e the boiling _springs. By the- ide of" tho Secretary of the Interior~ whose: duty it hall: b~ a.a soo-n as practicable, t~) make anc puull~b Rurli rn1e and rPgulations not inconsistent with boillng sprinb wlthin. re distanc-e of 3 or 4' feet, there- is- cold, tlie-laws- o.t. the.. Unf.t:ed tate :r,... ht- mar deem ne-cessary or proper for ic-e water. Ana then we. ha.ve the Twin• IL.nlres unll Crumbo the care, protection, mana~ment, an-d improvement o:f the arne·; suclr Lake~ and: have ice caves- and. what a:r.e 1tnown. a tl'ie glass­ regulations being prim.a.rilf aJmec. at. thE> freest use- of. the said park we: fur recreation- purpuses by tire nutm · and· fur thl! preservation_ from lakes. And, then, in addition to that is this. wonderful forum• injury or spoliation of all timber, mfueral deposits. alld natural curi­ tion. caused by t11e. volcanoes. And leading up· to tlii terd.tory osities or wonders within saic:t mu I> and. their' re:tentlon• in thi>lr-- natural on all sides- are- the wonde-rlul ravines. and· canyons, with thew condition, as. far as practicable. and fo.r. the preservation. of th!! park tn a state o-f natme, sO'- "ar a l!r consisttm wi.tli t:he purposes of this: act. beautiful, little, trickling: stremns. of pure water, itlt fisti illl He shall provide against the wanton destruction of' the ffsh: and gamec some of tliem, and ntrrn elevation that gi\es us a mew all over found· within saJd· park· an a~ainst th:eir capture or destnlct:ion for the: counh-y. purpose-s oL m.ercha.n~ or. profit, and generally shall be anthru:ized. to take all such measures a sh:rl: be- necessary to tully cax:ry out the. Mi: BORLANDr 'llllilf DRl"lr is ih the Sncrnmento Valleyr is: objects and purposes of this act. Said Secretary. m:ry, in hi& dfscretfon, it not'[ execute Jra-s:es,. to JJarcels. of ground• not ex.eePding 1 0 acres in E'rten t 1\Ir. RAKER. It- · accessible fram: the: Sn.m:.amento Valley.- :r· ut any one place to any one person. o-r. persons or CO'lllpany for not to exce:ed 20 xeaTs wfien snC'h. ground is neressary for the erection of distance of 60 miles, and is in plain \iew for some 200 mll buildings:. for tfi«'- a<'commodation of vi. nors:, and t<> • pRrcels• of ground . in. the Saci.'Rllleilto Valley-cnmmen:cing down tlie. Sacramento not exceeding 1 :1cre in extent. ar,d for not to excred 20 yPars. to: pei·­ until it leaves. t.lle v.alley, and tends- mto tha g_or.ge- leading; on: son.s who have h~retofore ~::rected , on. whom be! ma hel"f'nfter authorize to erect. summer homes en ~re sJ;y· authorized by Jaw. :t;Jm 250,000 to $500;000 to work these· roads-. In the vn.Iley The SPNA.KER pro tempore. This- hill. fs. oru the. Union. €a~ there is a contemplated highway from. Alturns dOWJl Pitt Rin~r, en dar. a distance of l'ZO miles. Modoc County hUB" auplied fo its ap· Mr. RAKER. Mr. Speaker, I ask unanimous: consent tliat the portionment;. $300,000t; Lassen County.; $300,000·;.. and Shasta County the same, to make a State highway and connecting with t:mr be considerecf in, tl1e·Hou e. as· iTh th~ Errunmitte.e of the. Whole H nu e orr t:llastate- ot th~ Uhion. the main State highway in the ~acramento Valley a.t Redding. The SPEAKER pro temp-ore. I there oojectfunJ (After a In: addition to that it is the only line: that lead aero . the cnn· pause.] Tlie Chaix henr none. t:i.nent tlmt,-. after it reaches the' sununit;, y-Ou are- on the down The committee amendment was read, u.s- follows:- grade- every foot o.B the way, without an adverse· grade·, unll :.1. highway- thn. .t you can,. travel: 12 months. in the year. 1V e· expect rage 7, llrre s.. strike out .. '10,000" and. insert "$5.000." to•make tltis road. from the Sacramento Valley, from Alturas­ The. question w:xs truierr, and. tl1e amendment. wa . ug:ve.ed. to. and wa hu:ve already a paL1: of tbe road' built from. Al't!urn.s into 1\rr. M:Ol\TDELL. 1\Ir. Speaker, I move to strike out the last the valleJ-SO that it will the Lincoln Highway and make word in order to ask the gentleman from California if the State a natural road from the east down through tflilB c-ountry:. 1916. CONGRESS! ON AL RECORD-HOUSE. 9431

The greater portion of this area is· abo\e 7,000 feet in eleva­ nia in the way of building roads and trails to assist the Govern­ tion, and the rest, with a comparatively narrow strip in Los ment in making this territory accessible. The creation of this Molino" and 'Varner Canyons, is above the 6,000-foot elevation. park will add another ben uty spot and playground for the peo­ It is nearly all in public domain, and the area described includes ple of America as well as those wbo visit America from abroad; a great .succession of natural wonders, among which the com­ the slogan now being, " See America first." mittee mentions the following features: These parks are not only an asset to the State in which they The cnly example of recent volcanic activity in continental are located but a great asset to the National Government, and United States, and at this time showing greater activity than at the committee believes it will redound to the benefit of the Con­ any time for probably hundreds of years. gress that creates a national park out of such wonderful terri­ Lassen Peak, 10,437 feet elevation (now showing activity). tory with its natural beautie8 and sunoundings to the end that North Peak, of the Lassen group, over 8,600 feet ele\ation. it may be preserved for all times for the benefit of the people. · Southwest Peak, over 9,200 feet elevation. It is easily accesible from the towns and cit-ies in the Sacra­ Prospect Peak, a beautiful mountain near the Lassen Conn ty Valley, from Oroville north where those who are travel­ line, over 9,200 feet elevation. ing in California may take a side trip with ease and comfort as Cinder Cone, 6,907 feet elevation. well as giving an opportunity to thousands of the citizens in The Devil's Half Acre-hot springs and geysers. California to go from the valley to the mountains where real Bumpass hot springs, Morgan hot springs, and numerous un- beauty and natural wonders and CUI'iosities exist. It will add to named bot sprin~s. the health and prolong the life of many who take the oppor- Sulphur springs. tunity to make the visit. · Mineral springs, not analyzed, so far as the committee knows. By creating it into a park and the upbuilding of roads and Giant springs of crystal PUI'e waters. making it accessible, with hotels and accommodations as are MAl\."'"1': BEAUTIFUL MOUXTAIN LAKES. provided for in national parks, it will be used to a very great Among them, Manzanita Lake. Juniper Lake, Lake Tillman, extent. Lake Bidwell, Snag Lake, Twin Lakes, and C'rumbo Lake. Dr. Johnson, of Columbia University, has the following to say Many interesting ice caves, glass lakes (obsidian or \olcanic of the Lassen Pealr region : glass). COLUMBIA UNIVERSITY, New Yo1·l;, January 18, 191G. Numerous brooks and mountain streams abounding in trout. Hon. Jorr:-. E. RAKER, M. C., Many of the lakes are also stocked. House of Representatives, Washington, D. 0. Beautiful and majestic caverns, particularly. Warner Canyon, MY DEAn M.R. RAKER: Your letter of January 15 reached me several days a~o, and I am glad to note your interest In the question of set­ which cuts into the lava for nearly two-thirds of a mile below ting aside the Lnssen Peak territory as a national park. Juniper Lake and Los Molinos Canyon, with almost vertical The Lassen Peak re~on bas been long known to the public through walls, se-veral thousand feet into the ancient lavas of Mount the writings of Dr. Olfler, of the United States G'eological Sur'"ey, and Lassen. others, who have described the natm·al wonders of that interesting IocaUty. If you wlll take the trouble to examinfC> the textbooks in All these streams and lakes are fed by perpetual snow-clad geology and geofrapby used in the schools and colleges throughout the peaks. country you wil find frequent references. In the sections dealing with Another featUI·e of importance will be the advantage of a game volcanic phenomena, to Lassen Peak the cinder confC> just east of tts base, the racent lava flow associated with the latter, and other fea­ park, "\vhere deer, quaU, and grouse will be unmolested and tures of vol<'anic origin in the district. All these, It should bfC> noted, permltted to increase as in the past. indicate a general Interest In the region before the renewed activity A park at this point will be readily accessible from the South­ of the mountain concentrated public attention on the Lassen Peak country. ern Pacific Raih·oad in the upper Sacramento Valley or from the Jn planning an itinerary for a geological and geographical excut'Sion Western Pacific Railroad on the Feather River and from the to the principal points of interest in the West last summer I consid­ Southern Pacific Railway by way of Susanville and Westwood, ered a trip to Lassen Peak of the highest importance, in spite of the additional expense Involved In going so far asidfC> from tbe route we in Lassen County. It is accessible now by means of a number should otherwise have followed. Events justified this decision, for I of fairly good trails; also wagon roads only 8 or 10 miles from found in talking and correspondln& with prospective members of the the southern boundaries, In Tehama County, and into the re­ excursion that the Lassen Peak visit was proving one of the most. It not the most, attractive Item In the itinerary. The excursion was sen-e suggested at Manzanita Lake, about 7 miles by trail from originally planned for a party of 8 or 10 advanced students and teach­ the summit of La-;sen Peak; and an automobile stage is now ers of geology aud geography. An unexpected Interest in the project making this run from Redding, carrying toUI·ists, and one from developed, howpver, aud a total of 33 men and women participated, 28 of whom made the entire trip, lasting two months, and including visits to Susanville and Westwood. the Yellowstone Park. Glacier National Park, the Lake Chelan <'ountry, On 1\lay 30, 1914. Mount Lassen broke out actively in volcanic Crater La.kP National Park, the Yosemite Valley, Lassen Peak, Pikes eruption and has been in process of eruption at intervals ever Peak, and the Gal·den of the Gods, with a special side trip to the Grand Canyon and the Petrified Forest. Among the members of my party since :md has attracted the attention of the civilized world as were Prof ID. C. Jacobs of the University of Vermont, Burlington, Vt.; being the only active volcano south of Alaska and on the Ameri­ Prof. C. W. Brow~ of Brown University, Providence~R. I.; Prof. Flor­ can Continent. A report was made by Dr. Diller in the Lassen ence Bascom, of tu·yn Mawr College. Bryn Mawr. t'a.; Prof. Ida H. Ogilvie, of Barnard College, New York City ; Prot. A. C. Boyle. or the Peak Folio No. 15 and Bulletin No. 79, A Late Volcanic Eruption University of Wyoming, Laramie, Wyo. : and Miss Dora KefC>n, of Phila­ in Northern California and Its Peculiar Lava, both containing delphia, mountain climber and explorer. I am sm·e any of these will articles relating to the cinder cone of Lassen Peak and the many be glad to give you tllelr impressions of the LassE'n l'eak country. 'l'he party was unanimous in enthusiastic praise of the beauties and won­ natural wonders surrounding this territory, which bulletins show ders or the mountain and Its associated volcanic phenomena. and the that before the present active eruption of Mount Lassen it has impression was general that no part of the excursion had been more been quiet for over 200 years, from the best information that interesting and profitable. could be received. Mount Lassen itself is one of the great volcanoes of the Pacific coast, 1ts sides deeply !Sl·ored by impressive canyons, in which the evidences of Dr. Diller and other members of the Geological Sm·1ey ha\e glacial action are strongly shown. Approach to thfC> mountain is not given lectUI·es on Mount Lassen and its volcanic eruption in difficult, a:r:.d we found the raU trip northward to t:iusanvUle through many of the cities in the East, which have attracted many people the desert and alc~ ng the shorPs of Pyramid LakfC>, with its anC'ient ter­ races indicating a former high level of the lakE' waters, extremely fasci­ to this territory and which was visitoc last year by many inter­ nating. The auto trip from l:)usanvit:e to the base of the mountain was ested in the phenomena and natural wonders within the proposed alone sufficient to justify the time and money spE'nt In this part of our boundaries of the park. excursion, the wonderful scenHy and the majl'stic pine forests provid­ Ing abundant mterest for every mllP of the Journey. Tourist traffic to The State of California voted bonds to the amount of $18,000,- the region is aneady :.ufficlently great to justify seve1·a1 ranchmrn in 000 for State highways, which is to build two main trunk lines keeping a large supply of well-broken saddle horses, and I was more from the northern to the southern part of the State and laterals than gratified at the manner in whtch my large party, including a num­ ber of ladies, was cared for during the horseback trip over the 7 -mile from each county seat to the main trunk line through the grea.t trail to thfC> summit. It was no inconsiderable task to transport this , San Joaquin and Sacramento Valleys. There is now in process party to and from the summit in such wlld country without danger of of construction a lateral from Susanville to Red Bluff, which accident to any memoer, yet this was done. From the summit we had magnificent vifC>ws or the northern Sierras, the Cascades, the distant will go through one part of the proposed park; another lateral Coast ranges, and the mountains of the Great Basin-a panorama from Alturas to Redding, north of the proposed park, but it will wh1ch for ~andeur can be equaled at but few places in the country. be accessible. This road is also in process of construction. There The products of recent volcanic activity, the escaping stPam and gases, will also be State highway from Quincy to Oroville. With the the ruined torE'sts for miles to the eastward, marking the path of the a great blast which swept destruction bi.>forfC> it, 1·eminding one of the crossroads from these lateral highways to the main trunk line similar blast whkh destroyed ~an Pierre, Martinique: all bore witness in the Sacramento Valley it will make the park accessible to to the activities of that force of nature, which has always inspired man thousands of people who desire to visit and see and enjoy the with the greatest aw~ and wonder. · To be able to view such phenomena in our own country with ease and safety is one of the striking merits natUI·al wonders of the region proposed to be converted into a of the Las~en Peak locallty national park. The people of California will vote for $15,000,- Within easy reach of the mountain base are boiling lakes and springs, 000 more for roads this corning November, 1916. mud volcanoes. and other evidences of volcanic heat which appeal most strongly to the imagination of every visitor. By me&ns of saddle horses The :pendency of these bills in Congress for the cre..'ltion of the entire party also visited the remarkable Cinder Cone erupted a few this park has stimulated an active interest in northern Califor- hundred years ago, and which is a short distance to the east of the main 9438 CONGRESSIONAL RECORD-HOUSE. JUNE 10,

J)ellk. From the :base of tblg cone tltere -spread out lava flows whose tion wRs not taken enre of in the Weeks law, n.nd therefore this tresb. ruggt!rl snrfaC'es gJve ~¥U7 appearance o! bavin:g been erupted , yestl'rday, and wbicb &r*' ln reaftty 1~ than a hundred yean old. 'The reeommendation was mad& by the Department of Agric'Ulture. OJ)l'ning i tb~ vast ·ot the Ctlld-er Cone from which the lava potn·ed I am frank to say to my friend from Texas that I am not '""et'Y fmrth is still well t'elltiJ' U:lmmed th.e valley to form the lak.e, way. while from the Lnke waters pro..jpct; the •• snags " or trnnks of trees drowned by the rising watt>rs nod not yet rotted away. Mr. JOH!\TSON of Kentucky. Is it not done by regulntion On tht> whole, .it is diflicnlt to im:rginP 'll region where the mere strlk­ rather than by law in the West? btg phenomena ot >nature ·are develo if'd 011 .a gmndtr scale or in a man­ ner <'a.lculated to appeal more strongly to :the average individuaL The Mr. 1\IA.l\TN. I understand so; bot the taw does not permit it Lasse~ Peak rountry I:,. so excf'ptional that lit ha aJways justified special down there. If there were any minerals down there, I would pl'otedion b('Ctose .ot the uamrnl wond~rs tnclool'd in the a~a and the not object to the bill. There might be some 'little pockets. :exeeHent eamping sttea whirb favol' the rnmm:u v1sitor. The recent But this would permit anybody to go through any ' vo~cano has imply addl'd to the wonders already existing in t1H' djsfrfrt and ha. made thE' country known to all o.u:r dttzl'ns Appalachian forests prncticafly at wm, claiming that he was a throuJ;tb the rolnmn.s of tM da!ly presB. I sin('erPiy hope that our Rep. ' mining prospector. The greatest difficulty we have had down resentntives wlll sPe fit to pla.ee the area in que:stion in the gronp of our there is to preserve the forests from fire. I do not think that national pia.fgrt~unds . Very tru.ty yours, Dotim.As. w. JoHNsON, the good th-at will come out of it would probably equal the evil Auoctate Professor {)f Phvstouraplt1J. that will come out of it. If the department in charge of these The SPEAKER pro tempore {!lr. WEBn). The question is on forests finds-as its officials make these investigations as they the cn_grossment and third reading of the bill. go ahead~that there are really minerals down there ()f nny The bilJ was ordered t()be engrossed ami rend a third time, was value of quantity, I will not object ut nn to people having the read the third time. and pas ed. , right to go down there and take those minerals ()Ut. On morton af Mr. RAKER, a motion to reconsider the vote Mr. COADY took the chair as Speaker pro tempore. whereby thP bnt was pa.."Bed was laid on tbe table. Mr. WEBB. Mr. Speaker, .I wm say to the gentleman from Mr. RAKER. Mr. Speaker, I ask unanimous: oonsent to ex- illinois [Mr. MANN] that my cflief interest in the bm is this· tend my rHnarks in the RECORD. All tbron~h the western mountains of N()rth Carolina th~ The SPEAKER pro ~pore. The ge-oneman from California Forestry Bllreau bought or rondemned 11 ·great many ucres of fi.~ks umt_nimnus consent to extend his reiilal'ks in the Rrconn. Is 1 1a.nd oo hich there is what we call mien. There are very few there .ob.}Edlon? parts of the country where it is produced; some tn the West, 'There was no objection. and 8ome in New Hampshire. and largely ln 1\Iitchell, Madison, MTNEr..AI.. ~or CElt"'AlN ~ATIONAL mRESTS. and Yancey Counties in Nortfl Carolina. ThP farmtng in some The next busjness ()D the Calendar for Ullilllinwu Umsent was plnces down there is not good, and the lumbering is almost tbe bill ~H. R. 12885) to a~ tbt! Secretary of Awk"u lture exhausted in many respeets, except by the big companies, -and to permJt tb~ prospecting... devetopment. und ntHizn.fion of the peopfe all through that country have been making n small mineral rt>SOUYC'es of certnin n.-rtionni forests. living by mining mica on n .small scale. They will buy a little T11e title 1>f tlle bitl wns rPud. machine rurd go intu the mountains and dig a hole about ns big 'The SPEAKER pro tempore. Is tha·e ob.J«tion? ns a bogs-head, 11nd get ·out Uttle pieces of ·mtcn and pnnctl it 1\Ir.. MANN. 1 S a big as n dollar or a brut dolln.r and sell tt. nnd The SPEAKER pro tempore. The ge:ntleman from Illinois , mnke a living. This. cnn ail ·~ done withont the slightest injury objects. to tile' forest reserve. and of eonrse would be done under strict Mr. LEVER. ntr Speaker. will n 1eo gentlemllil from Duno:is retrolatlons by the department. It would 1-dve a ~ood many ot .reserve trJ right to object for a UlOID.ellt! these- poor peopl'e, who :are my valued constituents, a menns ot ~fr. MANN~ 1 wru.. m11king a living. and just at this time mica brings a fine price. 1..1r. LEVER. Mr. Spenkel', this bill wns re:po.rted from the · 'The importntion of it from India has nlmost ceased. All the Commit~ tm Agricuit:u:rt- by the gentleman tram 1\cflssissfppl 'Otber forest reservations h:we ft law that covers the r1ght to [Mr. CAIIDu:n}. whn is temporarily absent, and it nndertak~ lease and mine on a much larger scale than tbis would call for. to ,permit pro~ng in the national forests which have been Tbe DPpartment of Agrlcu1ture first thought. as I understand, created under tbe Weeks m • that tJ1~ general law would cover the right to 1ea.~e in thPSe It eems that tB the southern AppaJnc:bian M01:mtat.ns espe- cases. The chairmrul of the Committee on Agrleulture says cially tl ere are smnll depoSits of kuolin.. manganese. mica. and tlmt is oo, but tbeir attorney, on lnvestl~atl.ng it. said that the same little- ·iron in filtk' poekt>ts iD the mountains. This bill Week 1aw was passed mtbsequently to the general min1ng law, J>el'lllits the ·n;)Specting -and minJng of such depesit uooer rutes .a.nd thereforE> be dfd not think tlte general mining law covered nnd regnlations to be presuibOO by tbe &>cretary of Agrit'tlfturP tlle White 1\!ollDt:ti:ns and the Appuln.chain forests. 311("1 nnrlet >ellarJreS to be fi.x::ed him The bill bas l>een fnvor- In arldition to mica, I wilT sn;y to my friend from illinois, ably indorsed and ~nded by the Department of AJ!rl- th~t thPre n:re pockets of kaolin. It is n very white earth-- culture. lt was considered by a subcommittee o.f the Collllllittee :Ur. MANN. Ol.ay-- 6n Agriculture, whim unaninxmsly reported it to the full .com· Mr. WEBB. Yes, a '<'lay; and sou find that in pockets, too. mittee. anil the fun committee unanimonsly reported it favorably I hope the gentleman will nllow this bill to go through for the tO' the House. · purpose of ~iving tnose people in that country who have in many I trust that tll~ genflem•.·ID from Dlino:is will not object. The ea~ very little other means- of livelihood an opportunity to make bill wru~ li:ntr rrred by tbe distinguished gentleman woo is now a little moneytmt offbese mining operations. One man will take pt'l:'sirling fl\tr. WErmJ. b1s fmmly out and find a little pocket of mirn. and after he J.Ur. 1\-IANN. ~"here .are several good tmngs about this bill. pays tne Government a roya1ty be cnn make n Jiving out of it. It 111·as introduced b:y one of the most d~"llished und ablest Mr. 1\fANN. No. He could go to work:; actual, real work. and. best :Members of this HOU:se-- It would be a good thing for hfm. .Mr~ LEVER. All ·Of wbich I agree to-- lfr. WEBBr He furms a little and has a little cabin home, and Mr. MANN. The gentleman born North Cn.rollna. Mr. WEBB. · makes a poor living.. and this bill will help hlm greatly. It was reported by tlmt amiable and most delightful gentleman Mr. MANN. If he would not farm a little but farm .a great from m · ippi, Mr. CA~ and is now supported by as able deal he would make a much better llving. clm.irmnn of the Committee <>n Agriculture as ~ e er bad- lUr. WEBB. No; he can not farm a great deal. If the gen· tbe gentlenra n from South Carollna, Mr ~ LEvER. - But those are tleman knew this mountain section, he would not make that about tbe ollly thing .about tbe bin that commend it. statement~ I feel that this reserve oug'bt to be put on a parity .l'tlr. LEYER. Is not that .sufficie:nt? with all the rest of the reserves in the United States. Why Mr. MANN. Not quit-e. should we refuse this right witb reference to the Appalachian 1\lr. STEPHENS of Texas. Mr. Chairman. I would like to and White Mountain Reserves and permit it with reference to all inquire of £he gentleman from South Carolina [Mr. LEVER} if otber reserves? the present law does not permit ~ivate parties to ~n up and Mr. MANN. That is the only excuse to be offered for it,. and pr pectin these reservations in tbe West? it is not a ~ery good ()De. Mr. LEVER. My information is that, affecting other forests Mr. JOHNSON of Washington. The gentleman desires this tban tbe"e, the lnw ·lKles not permit prospecting and mining in reservation put on a parity with others. I know .of forest re­ the nntf~ fo.rest~; b_ut for 'SOlDe reason o.r other that proposi- serTes in western Wasllington whlcll-co1lfllin enormous ileposits 1916. CONGRESSIONAL RECORD-HOUSE. 94:39 of tin, manganese, and other minern.ls. Whlle they have been Whereas the size and importance of the city of N~k ; N. J.; ·and the extensive preparations being m"!l.de by its citizens fo-r the celebration prospected, they are not permitted to be mined, under rules and of the two hundred and fiftieth anniversary of its founding give to regulations. , said celeh1"ation a national character and significance: Therefore be it Mr. WEBB. r.rlmt is in tbe discretion of tbe department. Resolved, etc., That the Postmaster General of the lJn1too States lle. Mr. JOHNSON of Washington. Why should the Appalachians and he hereby is, authorized to prepare and ueliver t'O the postmaster at Newark a special canceang ole to be used in the cance!L'l.tion of mail have the benefit of mining a little mica or other small mineral matter tn the post office of that city from May 1, 1916, to Octobe~· 1, deposits and the great mineral traSSibly deface or impair the Appalachian region, and would be u great blessing to my people. The next business on the Calendar for Unanimous Consent was Mr. STEPHENS of Texas. I am in favor of the gentleman's the bill (H. R. 15807) to provide for h{)lding sessions of the bill and hope that it will pass by all means; but I desire to call United States district court in the district of Maine and for the attention of the committee to the fact that there are 32.000,- dividing 'Said district into divisions, and providing for offices of 000 acres of Indian reservations in the West which are in ex­ the clerk and marshal of said district to be maintained in -each of actly the same condition as this Appalachian Reserve with ref­ said divisions, and for the appointment of a field deputy marshal -erence to mining, nnd in my judgment there is no reason or right in the division in which the marshal does not reside. why these Indian lands should not be thrown open to pros-­ The Clerk read the title of the bill. pectors, so that the 1ndians may have employment at hbme, and The SPEAKER. Is there objection to the present consid E:>ra­ so that the minerals on these reservations may be developed. tion of this bill? Mr. WEBB. There can not be any large mining in this region; There was no objection. and it is for the benefit of these poor people down there that Ur. GUER~SEY. I ask unanimous consent that this bilJ may I would like to see thi bill pass. be considered in the House a:s in Committee of the Whole House Th-e SPEAKER. Is there objection? on the state of the Union. Mr. MANN. I object. The SPEAKER. The gentleman from Maine asks unanimous The SPEAKER The gentleman objects. The bill goes ()Ver. consent to consider the bill in the House as in the Committee ,of NATIONAL ARCHIVES BUILDING. the Whole House on the state of the Union. Is there ubjection? There was no objection. The ne.'rt buS'iness on the Oalendar for Unanimous Consent The bill was read, as follows : was the bill ( S. 5839) to repeal paragraph 4 of section 21 of Be it enacted, etc., That hereafter, and until otherwise provided by the public buildings act, approved March 4, 1.913, }>rovidin.g for law, two sessions of the UnHed States District Court for the District of the construction of a national archives building. Maine sball be held in each and ·every year m the city of Bangor, in The SPEAKER Is there objection? said district, beginning, 1'eSl)ectlvely, on the first Tuesday of June and the first Tuesday ot December, and two sessions of said court shall be Tl1ere was no objection. held in each and every year in the city of Portland, in said district, The bill was read, as follows: beginning, respectively, on the first Tuesday of April and the third Tues· Be it cnaotetl, etc., That paragraph 4 of section 21 ·of the public­ day of ::lPptcml'ler. In the year A. D. 1916 only, a term of said cQurt buildings act approved March 4, 1913, which reads .as follows: "That shall also be held at said city of Portland on the .second ·Tuesda:Y ot before thP sa11 designs and estimates are completed inspt>rtioll Rha ll December. be made undPr the direction of the ·secretary of the Treasury of the SEc. 2. The clerk of said district ceurt for said distr1ct ~f Maine be::resting features that party therl:'to nO't joining in such 1"-equest. will attract visitors from all parts of the United States; and SEC. 6. 'I'ha t all t>X parte of course, default and pro confesso, proceed­ Wherpas the citizens' committee of one bundTed having the celebration in ings and matters, and all rnterlocutory1 matters 1n which all interested charge have widely advertiser] the approaching events, with -the result parties are present -und consenting that such bearing may be bad, in tbat increase of incoming IDld outgoing mall matter is now whichever of said divisions the .same may be cognizable or-pending, may bdng hzndled by the Newark post office; and be beard and determined by the court or ju(lge anu all findings, orders, 9440 CONGRESSION1\.L REOORD-IIOUSE. JUNE 10, judgments, and decrees be made, and all mesne and final process therein there he went in a whe~l chair; l1e will not resign, he can not be tl'sted, sealed issued, and renewed in either of said divisions, in 1 work, and there you are. term time, vacabon, or chambers. SEC. 7. That nothing in this act contained shall be construed to de­ 1\lr. COX. Was there not a case of a judge in West Virgini~ prive the court or judge of the power to grant a change of >enue or who retired and was afterwards elected a United States Sen­ continuance in any cause, proceeiD:l?• or matter whatsoeyer according ator? to law and the requirements of jusuce. . SEC. 8. That grand and petit jurors summoned for service at the Mr. WEBB. I think so. term of said court to be held in said city of Bangor. on the first l\Ir. COX. I am in entire sympathy with the gentleman's bill, Tue~:;da.y of December, A. D. 1916, may, if in the opinion of the court and I think it might be well applied to the retired list of the or judge the public con>emet:ce so requires, be directed to serve al o Army and the Navy. at the term of said court to be hehl in said city. of P.ortlanq on the second Tuesday of December, .A. D. 1916, as proVIded m section 1 of Mr. WEBB. I think it will sta\e off to some extent tile de· this act. mand for new judge . S:ec. 9. That this act shall take effect on .the day following its pas­ Mr. COX. I think the gentleman has served hi country well sao-e, but it shall not apply ~o or in an~>nse affect any <;au~e, suit, action bill petition, llk'l.tter, llbel, proceeding, prosecution, mdictment, in reporting this bill. We retire Army officers at the age of 64. comphi.int, 'information. stlpul!ltion, b:til bond, or ~·eco~izance now Gen. \On Hindenburg is in his seventy-ninth year, Gen. von pending in said court, or wh1ch has already been mstituted, begun, Kluck is 73, Gen. Joffre is 75, showing that these men are still filed entered made, served, found, or taken, but the same shall depend, be entered ~·eturned, continued, prosecuted, tried, beard, and deter­ acti\"e in life, and yet we compel officers in the Army to resign mined and' suitable and appropriate orders, judgment, decrees, and in this country at the age of 64. executions, mesne and final and. all other p~ocess, attachment, .moni­ 1\Ir. WEBB. Yes; and many of them are just as capable of tions, stipulation , bonds, recogmzances therem, shall be made, s1gned, te ted, sealed. is ued, renewed erved, exec~1ted, entered, and returned, doing good work as they ever were. the same as under existing law and as 1f this act had never been Mr. COX. I think the gentleman's bill is a good one and it passed except for the purposes mentioned in sections 5 and G of this ought to apply to the Army and Navy along the same lines. act. All acts and parts of acts inconsistent with this act are hereby Mr. WEBB. Mr. Speaker, I ask unanimous con. ent that this repealed. bill be con idered in the House as in Committee of the "\Vilole. The bill was ordered to be engrossed aml read a third time, and The .SPEAKER. The gentleman from North Carolina asks was accordingly read the third time and passed .. wanimous consent that the bill be considered in the Rouse On motion of 1\fr. GUER ~sn, a motion to reconstdcr the vote by as in Committee of the Whole. Is there objection? which the bill wn pa ed was laid on the table. There was no objection. RETillED FEDERAL JUDGES. The Clerk read the bill, as follow · : Be it cnactecZ, etc., That section 260 of the Judicial Code l>e, antl The next bu ine s on the Calendar for Unanimous Con ent the same is hereby, amended to read as follows: was the bill (H. R. 6450) to amend section 260 of an act entitled "SEc. 260. That when any judge of any court of the United State. , appointed to bold his office during good behavior, resign his office "An act to codif-y, revise, and amend the laws relating to the after hanng held a cc,mmission or commissions as judge of any such judiciary," approYed l\farch 3, 1911. court C'r courts at least HI years continuously, and having attained the The Clerk read the title of the bill. age of 70 year , !le shall. dolring the re iclue of his natural life, receh·e the salary which is payable at the time of his resignation for the The SPEAKER. Is there objection? office that he held at tb" time of his resignation. But instead of re­ l\1r. COX. Mr. Speaker, re erving the right to object, which I signing, any judge otber than a justice of the Supreme Court, who is do not intend to do I should like to get some information fTom qualified to resign under the foregoing provisions, may retire upon full salary from regular acti>e senice on the bench, and the President the (Yentleman from North Carolina [1\lr. WEBB] about this bill. shall thereupon be authorized to appoint a successor; but a judge so Do Federal judges, as a rule, in the district and circuit courts retiring may nevertheless be cal]ed upon by the senior circuit ju~,~e of aYail themselve much of the opportunity to retire at the age that circuit ancl be by him authorized to perform such judicial uuties in uch circuit as uch rctiretl judge may be willing to undertake. or of 70 years after they have been on the bench 10 years? he may be called upon by the Chief Justice antl be by him authorized Mr. WEBB. I think there are something like 20 or 30 Federal to perform such judicial duties Ill. any other circuit a: such retired judges now in ·active senice who are beyond the age of 70 and judge may be willing to undertake." who might retire if they chose to do so. • The following committee amendment was read : Mr. COX. How many are there on the retired list whose rage 2, strikt> out jines 1 G to 20, inclusive. salaries are going on? . 'Ihe committee amendment was agreed to. Mr. WEBB. I could not answer offhand. Mr. MANN. 1\Ir. Speaker, I mo\e to amend, on page 2, line G, Mr. COX. Could the gentleman approximate it, vritllont being by iru erting, after the word "mar,'' "by statement addressed. bound by his answer? to the Attorney General.'' l\1i'. WEBB. I should think there arc about as many who have The SPEAKER. The Clerk will report the amendment. retired as there are who are serving oYertime. The Clerk read as follows: l\lr. COX. I understand the gentleman to say that there are Amend, page 2, by inserting, l'.fter the word "may," in line G, "by between 20 and 30 wlw are beyond the age limit who coulfl statemilllt addres ed to the Attorney General.'' retire if they cho ·e to do so. 1\lr. WEBB. I have no objection to that. l\lr. WEBB. Yes. The amendment was agreed to. l\1r. COX. Tile purpose of this bill is not to compel a judge to Mr. 1\IANN. 1\lr. Speaker, thi is an anomalous bill, but it resign, but to let him retire, so as to gi\"e the Government an may adopt a very good policy. The Constitution prondes that opportunity to avail itself of his senices later if it wisiles to a Federal judge is appointed for life. Under existing law we do so. provide that he may resign and still draw his salary for tile rest l\!r. WEBB. Yes; that is stating the case practically; and, of his life, although, of course, after he resigns he is not a Fed­ further, not to induce him to retil'e, but if he does retire, to eral judge. This provides that at the age of service when he permit him to do work if he wishes to do so, as long as he draws might resign he may retire. Of course the use of the word " re­ the salary of the Go-rernment. He is subject to be ordered tire " there is anomalous. He till remains a Federal judge. around by the senior circuit judge, with his consent, of course. He does not in fact retire. Practically all that the bill does, with 1\Ir. COX. Under the law as it exists to-day, he must resign the amendment willch I have offered, is to gi\e him authority if he leaves the bench? to make a statement that he desires to retire, and thereupon 1\lr. WEBB. Yes; he retires, and that is the enu of his judi­ the President can name another juuge in that distrlct or circuit. cial functions. I ha\"e in mind a shining example where a man Of course we can not require these judges to do any work. Some could do some good work for his cotmtry, and that is Judge of them do not do much when they reach that age, although Gra~·, still capable, but of course he could not work continuously they do not resign. Under this bill, although it pro\ides for like a young man. But if tilis law had been passed when he retirement, the judge does not actually retire, except from active retired Judge Gray could have been a. Signed to some big cases work; he may still be called upon to do such work a · he is will­ and ile would ha\"e been glnu to do it because they are drawing ing to do. tbe full salary. Mr. COX. Under the old law? Mr. COX. I have been Yery much interested in this ques­ l\lr. l\IANN. No; under the old law he resigns and can not tion of retirement. but has the gentleman looked into this ques­ do any work. Strangely enough, the author of the bill in intro­ tion, whether the men who have retired have retired because ducing it provided that it should apply to judges who have of nctnal phy ical disability or because they were tmwilling to aLready resignej-a manifest impo siblllty. work? 1\Ir. WEBB. We struck that out. l\Ir. WEBB. I think both causes impelled some of the retire­ 1\Ir. MANN. You could not call upon a mnn who is no longer ments. Some judges are unable to work, some will not work a Federal judge to perform the functions of a judge, beeause nnd have not worked and will not retire, and are simply block­ he has resigned and is no longer a judge. ing up tho judicial procedure. I know one man who has not This bill may solve the difficulty which ha · occurred nnu been on the bencil for four years, and the last time he was e:x:L'5ts throughout the country. It may be that some of the ·e 1916. CONGRESS! ON AL RECORD-HOUSE. '9441 judges may still desire to retain the functions of a judge, and Mr. cox: Mr. Speaker,. I ask unanitoous wnsent that it be if they wish to exa·cise them will accept this provision and mak4:> considered in the House as in Committee of the Whole. a statement that they wish to retire and then do work that they The SPEAKER. Is there objectiou? are ·willing to do. There was no objection. Mr. HUDDLESTON. Will the gentleman yield? The Clerk read the joint r-esolution, .as !oltows: Mr. M~'N. Yes. Whereas the town of Southbridge, Mas ., is making extensive prepa.ra· Mr. HUDDLESTON. Under the gentleman's interpretation tions to celebrate the one nunuredth anniversary of its i.neorpuration ; and of the bill, what effect will it have on superannuated judges W.hereas the pJ'Ojeeted celebration in said town m include industrial upon the theory that they have the power to appoint clerks and and other exhibition8, pageant.t;, athletic games, tournaments, parades, some other a:fficinls? speech making, and many other interesting .i. eatures that will attract VIsitors trom all parts; and l\1r. 1\!AI\TN. They would not have that power, I take it, under Whereas the citizen8' committee of one hundred having the celebratio.n the terms of this bill, although I am not sure what power would m charge have widely advertised the appt·o.achmg events With the exist. We say in the hill that the judge so retiring may be result that a great increase of incommg and outgomg mail matter is now being handled at the Southbridge post ollice; and . ealled upon by the enior clrcutt judge to perform certain func­ Whereas the importan<.-e of the town of ~outhb.ridge, ass., and tb.e ex­ tions. I take it as a matter of fact that the man who is retired tensive preparations being- made by its citizens for the celebration may bave the right to perform his functions as a judge although of the one . nnnd.redth annivert>ary of its inc.:orporatl-on give to said celebration a national character and ignitican.ce uue to the fact tilut he may not be called upon to do tt, and probably as a matter of the town was the blrtbplaee of the Hun. William L. Marcy, formerly practice he would not attempt to exerei e any functions unless Member of the United Mates Henate; governor of the State of New it was agreeable. York from 1~o3 to 1~~!J; tiecret.ary oi War trom M.arch 6, 1M5, to March o, 18-1~; and t:iecretary of ~tate from March 7, 1!:>5::1, to March Mr. HUDDLESTON. Mr. Speaker, the gentleman has in 4, 1~57 ; and in view of the taet that the town was also the bi.J:thp1ace mind the fnct that district court judges have the power to oi .l:ion. George T. Angell~ founder and for many yeart; p.resiuent of the appoint clerks as have the circuit judges, and also referees in ~ociety fo1· tne Preventloll of Cruelty to Ani.ru.a1s, ana of ma~y other bankruptcy? This bni seems to make it optional with thee distinguished men and women : Therefore be it Re~;olvect, etc., That the Postmaster General of the United States be, judges as to whether they will perform any judicial functions. and he hereby 1s, authorized to prepare and deliver to· th-e posLmaster In other words, it says they may. - of ~outbbridge, Mass., a special canl:eting die to be used m the cancel­ 1r. MANN. I think the court appoints those officers, not the lation o.t mau matter in the post ottice ot tha.t town trom May 1, UH6, to JUly 5, 1tl16, said die to be of such design as may be agreed upoc by judge. . the .l:'o~aster Ueneral and the l::)outbl>ndge Cittzen ~· Com.nuttee of l\1r. HUDDLESTON. I was just about to make this sugges­ One Hundred. tion. Will the judge not be the court when he choo es to be? The Sl'EAKER The question is on the engro.ssment and In other words, will this not make it optional with the juclge third reae, and lS hen.uy, amended to read as follows: and the other judge got up and he nominated another man as .. ~Ere. 230. The l:)upreme• Court shall hold at the seat of government referee in bankruptcy and removed the first appointee, and so one term annually, commencing on the lirl!t Monday in ·October, an4 such adjourned or special terms as it may find necessary for the dispatch they had it back and forth, and the circuit court of appeals of busille$." finally got hold of the case. It seems to me that we ought not to tiEc. ~ That section 237 of the Judicial Code, as amenood by "An make a thing of that kind possible. act to amend an act entitled 'An act to codify, revise, and amend the . laws relating to the judiciary,' approved March 3 1911," approved 1\Ir. MANN. We have three district judges in the city of December .23, 1914, ne, and is hereby, amended to reau1 as follows : Chicago, in the northern district of Illinois. and they have a "~EC. 237. A tina! ju·lgment or decree m any llUit in the highest number in New York. That situation exists in several dLtrirts. court of a ~tate in which a decision in the suit could be bad, where l\lr. WEBB. There are four in the southern district of New is drawn in question the validity of a treaty or statute of, or an authori:t~ exercised unoor the United ~tates, anu the decision is against York. their validity ; or w.bere is drawn in question the validity of a statute of, Mr. MANN. And there is no way on earth of making a man or an authority exercised under any ~tate, on the ground of their being repugnant to the Constitutwn, treaties, or laws of the United ~tateJS, always act with any common sense. and the decision is in ravor of their validity, may be reexamined and The SPEAKER. The question is on agreeing to the amend­ reversed or a.tfirmed m the Supreme Court upon a writ of error. 'l'he ment. writ shall have the same effect as if the judgment or decree complained of bad been rendered or pa ed in a court of thi! United State8. The 'l'lle amendment was agreed to. Supreme Court may rev.erse, modify, or affirm the judgipent or decree The bill as amended was ordered to be engrossed and read a of such State court, and may, at their discretion, award execution third time, was read the third time, and passed. or remand the same to the court uom which it was removed by the writ" FLANDREAU, S. DAX. "it shall be competent for the Supreme Court, by certi-orari or other­ wise to require that there be certilied to it for review and uetermina­ The next business on the Calendar for Unanimous Consent tlon' with the same power and authority and with like effect as if was the bill (H. R. 14944) authorizing the .Secretary of the In­ brought up by writ of error any cause wherein a final judgment or de­ cree has ueen rendered or passed by the highest COU!'"t of a ~tate in terior to transfer on certain conditions the south half of lot 14 which a decision could be had, where i.s drawn in que~tion the validity of the southeast quarter o-f section 21, township 107, range 47, of a treaty or statute of or an authority exercib"'OO under the United States and the decision is in favor of their validity; or where is Moody County, S.Dak., to the city of Flandreau, to be used as a drawn in question the valiclity of a statute of or an authority exer­ public park or playground. cised under any State on the ground of their being repugnant to the The SPEAKER. Is there objection? Constitution, treaties, or laws of the Unit~ States_ a,nd the d~cision. is against their validity; or where any title, right, pnvi.lege, or lDlmu_mty 1\Ir. MANN. I object. is claimed under the Constitution or any treaty or statute of or com­ SOUTHBRIDGE, MASS., POST OFFICE. mission held or authority exercised under the United States anu the decision is either in favor of or against the title, right, privilege, or immunity especially set up or c~~ed by eithe~ P!l;rlY under such The next business on the Calendar for Unanimous Consent Co11stltution treaty, statute, COmiD.lSSl.rtain cases,' CONGRESSION _A_L RECOI\D-HOUSE. JUNE 10,

approved April 22, 1908; also in all causes arising under 'An act to SUITS AG.liNST REVENUE OFFICETIS. promote the safety of employees and travelers upon railroads by limit­ ing the hours of service of employees thereon,' approved l\larch 4, The next bu iness on the Calendar for Unanimous Consent was 1907 ; al o in all causes arising under 'An act to promote the safety of the bill (H. R. 142!)9) to amend section 33 of an act to codify, employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic revise, and amend the laws relating to the judiciary, npprovert. couplers and continuous brakes and their locomotives with driving­ 1\Iarch 3, 1911. wheel brakes, and for other purposes,' approved March 2, 1893 ; also i.n The SPEAKER. Is there objection? all causes arising under 'An act to regulate commerce,' approved Feb­ ruary 4, 1887 ; and also in all causes arising under any amendment or There was no objPCtion. su~plement to any one of the aforementioned acts which has been here­ The Clerk read the hill, as follows: tofore or may hereafter be enacted shall be final, save only tha,t it Be it enacted, eto., That sertioo 33 of an act to codify, revi. e, anu ·shall be competent for the Supreme Court to require, by certiorari, amend the laws relating to the judiciary, approved March 3, 1911, be, upon the petition of any party thereto, that the proceeding, case, or and the same is hereby, amended to read as follows: . controversy be certified to it for review and determination with the " SEC. 33. That when any civil suit or criminal prosecution is com· same power and authority and with like effect as if taken to that menced in any court of a State against any officer appoint('d under or court by appeal or writ of error." acting by authority of any revenue law of the United State. now or here­ SEc. 4. That chapter 76, volume 35, United States Statutes at Large, after enacted, or against any person acting under or by authority of any be, and is hereby, amended so as to read as follows: such officer, on account of any act done under color of his office or of any "That from a final decision by a colll't of the United States In a such law, or on account 'of any right, title, or authority claimed by proceeding in habeas corpus no appeal to the Supreme Court shall be such officer or other person under any such law, or is commenced against allowed unlpss the court by which such final decision was renoered, or any person holding property or estate by title derived from any such a justice of the 8npremP Court, shall be of opinion that there exists officer and affects tht! validiry of any such revenue law, or against any probable cause for an appeal, in which event, on allowing same, the officer of the C('Urts of the United States for or on account of any act . said court or justico shall certify that there is probable cause for such done under color of his office or in the performance of his dutie · as allowance. ·• · such offirerinor when any civil suit or criminal prosecution is com· REC. 5. That no court having power to review a judgment or uecree menced aga st any person for or on account of anything done by him t·endered or pas ed by another shall di~miss a writ of error solely be­ while an officer of either House of Congress in the discharge of his official cause an appeal should have ueen taken, or dismiss an appeal solely duty in executing any order of such Hom.. e, the said suit or prosecution because a writ of error should have been sued out, but when such mis­ may at any time before the trial or final hearing thereof be removed for take or enor occurs it shall disregard the same and take action which trial into the district court next to be holden in the district where the would be appropriate if tho proper appellate procedure had been same is pending upon the petition of such defE-ndant to said district followed. court and in the following manner: Said petition shall set forth tho SEC. 6. That no judgment or decno rendered or passed by the Supreme nature of the suit or prosecution and be verified by affidavit nnd, Court of the Philippine Islands more than 60 days after the approval together with a certificate signed by an attorney or counselor at law of of this act shall be reviewed by the Supreme Court upon writ of error some court of record of the State where such suit or pro ecution is com­ or appeal ; but it shall be competent for the Supreme Court, by ce1'­ menced or of the United States stating that, as counsel for the peti­ tiorari or otherwise, to require that there be certified to it for review tioner, he bas examined the proceedings against him and carefully and determination, with the same power and authority and with like inquired into all the matters set forth in the petition, and that be be· effect as if brought up by writ of e1Tor or appeal, any cause wherein lit>ves them to be true, shall be presented to the said district rourt, if in after such 60 days the Supreme Court of the Philippine Islands may session, or if it be not, to the clerk thereof at his office, and shaL be -render or pass a j01lgment or decree which would be subject to review filed in said office. The cause shall thereupon be entered on the dockl't under existing laws. of the district court and shall proceed as a cause originally <'Ommenced SEc. 7. That no writ of error, appeal, or writ of certiorari intended in that court; but all ball and ot!ler security given upon such suit .ot• to bring up any cause for review by the Supreme Court shall be al­ prosecution shall continue in like force and effect as it' the same hau lowed or entertained unless duly applied for within six months after proceeded to final judgment and execution in the State court. When entry of the judgment o1· decree complained of: Pro1:idea, That writs of the suit is commenced in the State court by summons, subprena, petition. certiorari addressed to the Supreme Court of thf' Philippine Islands or any other process except capias, the clerk of the district court shall may be ,;ranted if application therefor be made within 12 months. issue a writ of certiorari to the State court requiring it to send to the SEC. 8. That this act shall take effect 30 days after its approval; but district court the record and thf' proceedings in the cause. Wfien it is it shall not apply to nor effect any writ of error, appeal, or writ of commenced by capias, or by any other similar form of· proceeding by certiorari theretofore duly applied for. The right of review under ex­ which a personal arrest is ordered, be shall issue a writ of habeas isting laws, in re pect of judgments and decrees entered before this act corpus cum causa, a duplica.t& of which shall be delivered to the clerk takes effect. shall remain unaffected for the period of six months there­ of the State court or left at his office by the marshal of the district or after, but at the end of that time such right shall cease. his df'puty or by some other person :July -authorized thereto j and there­ upon it shall be the duty of the State court to stay all furtner proceeu­ l\lr. WEBB. 1\Ir. Speaker, I offer the following amendment, ings in the cause, and the suit or prosl.'cution, upon delivery of such which I send to the desk and ask to have read. process, or leaving the same as aforesaid, shall be held to be removed to the uistrict court, and any further proceedings, trial, or judgment The Clerk read as follows : therein in the State court shall be void. If the defendant in the suit or Page u, line 8, after the word " error," insert : prosecution be in actual custody on mesne proces therein, it shall be " This section shall not be construed as conferring jurisuiction upon the duty of the marshal, by >irtu<> of the writ of babPas corpus rum the circuit court of appeals in any proceeding, cause, or controversy in causa, to take the body of the defendant into his custody, to b(' dealt whlch jurisdiction has not been given to it by other statutory provisions. with in the cause accord!ng to law and the order of the district court, or visions." in vacation, of any judge thf'reof; and if, upon the removal of such suit or pNsecutiou it is made to appear to the di trict court that no Mr. WEBB. Mr. Speaker, I have introduced that amendment copy of the record and proreedln .~s theiein in the State court can be obtained, the district court may allow and require the plaintiff to pro­ at the request of the Interstate Commerce Commission. . That reed de novo and to file a declaration of his cause of action, and tho commission is anxious that none of the present rights of the parties may thereupon proceed as in aetlons originally brought in said Interstate Commerce Commission will be taken away from it, district court. On failure of the plaintiff so to proceed, judgment of non prosequitpr may be l'f'ndered against him, with cost for the and at the suggestion of l\lr. Commissioner Meyer I have offered defendant." the amendment. I see no objection to it. Mr. l\lANN. Mr. Speaker, I would like to ask one question. The bill was ordered to be engro sed and read the third time, This bill changes the date of the commencement of the term of was read the third time, and passed. the court from the ~ econd Monday in October to the first 1\lon­ L"\SUR~'CE COMPANIES AND FR.:\.TERNAL BENEFICIAL SOCIETIES. day. As that is n matter largely of the convenience of the mem­ The next business on the Calendar for Unanimous Consent bers of the Supreme Court, may I ask the gentleman if he was the bill (H. R. 12541) authorizing insurance companies and understands that that change is entirely satisfactory to them? fraternal beneficiary societies to file bills of interpleader. 1\fr. WEBB. It is. It is at their request. They want a little The Clerk rend the title of the bill. shorter vacation and more time to do work when the weather The SPEAKER. Is there objection? is better. 1\Ir. BYRNS of Tennessee. Mr. Speaker, reserving the right The SPEAKER The que · tion is on agreeing to the amend­ to object, I want to say to the gentleman from North Carolina, ment. the chairman of the Committee on the Judiciary, that I am very The amendment was agreed to. much in favor of this bill. I think it is very neces ary in onler The SPEAKER. The Clerk calls the attention of the Chair to that justice may be done to insurance companies having fun1ls, the fact that on line 24, page 6, the word "effect" is used instead and rival claimants in -rarious States are claiming tho e funds, of apparently the word " affect." Should that word be changed? but I notice that the Committee on the .Tudlciary recommended Mr. WEBB. YPS, 1\Ir. Speaker. I ask unanimous consent that an amendment increasing the limit of juri diction from $500 to the word "affect" be substituted for the word" effect." $2,000. The SPEAKER. Without objection, the amendment will be l\1r. WEBB. Mr. Speuker, I will say to my fL·iend that if he agreed to. will let us consider the bill he will have a chance to knock ont There was no objection. the amendment and let it remain at $500, as it was originally The SPEAKER. On page 4, at the end of line 10, the word drawn. " railroad " in the siugular is u ed. It occurs to the Chair that 1\Ir. DUPRE. The gentleman thinks that practically nullifies po · ibly that hould be in the plural. the benefits of the hill? 1\.lr. WEBB. No; I think that is the title of the act which 1\Ir. BYRNS of Tennessee. I undoubtedly think it would we quoted. nullify the benefits of the bill if the limitation is raised. The SPEAKER. The question is on the amendment. 1\Ir. VOLSTEAD. 1\fr. Speaker-- The amendment was agreed to. The SPEAKER. Does the gentleman from l\Iinne ·ota-­ The bill was ordered to be engro sed and read n third-time, Mr. VOLSTEAD. l\Ir. Speaker, I reserv-e the right to object. wa read the third tii:ne, ancl passed~ Personally I am opposed to the change, or oppo ed to the bill, 1916. OONC+RESSION.AL REOORD-HOUSE.

unless the amendment goes in, beca.use I do not believe we ought the National Legislative and Information Bureau, Order of Rail­ to let down the bars by extending the jurisdiction in the fashion way Conductors, Brotherhood of Railroad Trainmen, Brother­ intended by this bill to these small claims contemplated under hood of Locomotive Engineers, and Brotherhood of Locomotiye the bill us it was introduced. Firemen and Enginemen. That letter is as follows: Mr. WEBB. l\1r. Speaker, let me say to my friend, of course NATIOXAL LEGISLATIVE AND lXFORMATIOX BURE..\U, as yet we have not consent to consider the bill, but after we get Washinuto11, D. c., May 29, 191G. con ·ent to consider it the gentleman can make his statement, lion. EDWIN Y. WEBB, and I will be very glad if he will do so, but I hope the gentle­ Chairman Com.mittec on the Judiciary) man will not object to allow us to consider this bilL House of Representatives, City. DEAn SIR: Under date of March 20, 1916, we addressed a communi­ The SPEAKER. Is there objection? [After a pause.] The cation to you fa>oring the enactment of the bill (H. R. 12541) to au­ Chair hears none. thorize insurance companies and fraternal benefit societies to file bills The Clerk read ns follows: of interpleader in the courts of the United States in proper cases, and have noted mth pleasure that the committee has favorably reported Be it enacted, etc., That the district court~> of the United States shall the mea&ure to the House. ha>e original cognizance to entertain suits in equity begun by bills of We regret, hvwever, that the committee has seen fit to amenll the bill interpleader where the same are filed by any insurance company or by increasing the amount that must be involnd from $500 to $2,000. fraternal beneficiary society, duly verified, and where it is made to The bill without this amendment admirably met the situatiou of appear by such bill that one or more per ons, being claimants against the organizations which we represent, and the report accompanying the such companv or society, reside within the jurisdiction of said court; bill does not exp;ain why this change was made. It will operate to that such company or society has made or issued some policy of immr­ discriminate against the fraternal associations, as it would retain the ancc or certificate of membership providing for the payment of a sum benefits of the low for most of the polides issued by the olll-line insur­ of money of at least $500 as insurance or benefits to a ben~ficiary or ance companies and at the :.:arne time deprive most of the policies of the beneficiaries or to the heirs, next of kin, or legal repre entative of the fraternul insurance associations, which are usually less than $2,000, of person in•mred or member; that two or more ad>erse claimants, citi­ the benefitu of the law. zens or different States are claiming or may claim to be entitled to . For instance, only about 40 per cent of the insurance policies issued such insurance or benefits and that such company or society offers to by the Brotherhood of Locomotive Firemen and Enginemen are for deposit the amount of such insurance or benefits with the clerk of said $2,000, and about 50 per cent are issued for $1,500, 5 per cent for $1,000, court and to abide the iudgment of said court. In all such cases the and 5 per cent for $500. A similar situation exists with reference to court shall have the power to issue its process for said claimants, return­ the Brotherhood of lla.Uroad Trainmen and in a somewhat less uegree able at such time as the said court or a judge thereof shall determine, with respect to the Brotherhood o~ Locomotive Engineers and Order or which shall be addressed to and served by the United States marshals Railway Conductors. . for the respective districts wherein said claimants reside or may be We respectfully protest against the change in the bill, and beg to found · to bear said bill of interpleader and decide thereon acconlmg request that the original amount of $500 be restored, so that the organi­ to the' practice in equity ; to discharge said complainant from further zations which we represent may be accorded equal benefits under the liability upon the payment of said insurance or benefit as directed by la.w. The cases in which the brotherhoods would require the use of this the court, less complainant's actual court costs; and shall ha.;c the statute are comparatively infrequent, and they would not, by reason of power to make such orders and decrees as may be suitable and proper the lessening of the amount, burllen the courts or overwhelm them and to issue the necessary writs usual and customary in such cases for with -minor questions; but when r~sort mu t be had to the statute the the purpose of carrymg out such order~ and decrees : P1·ovided, That in need is equally great when $;)00 is involvcu as when $2,000 is the all cas.;!s where a beneficiary or benefiClaries arc named in the policy of amount. insurance or certificate of membership or where the same bas been Hoping that the committ<'e may find it desirable to reconsi

j11cigment again t an indiVidual, which is necessary if.n cases ~s m1ICh to the interest of those •Claimants to !have the whole covered by this bill. ·matter thrashed out in one jurisdiction as it is to the .insurance The appeal is matle on behalf of 'the small insurance com- . 'Company ·to pay the money into court and be rid of the con­ panies. There is another ide, the small claimant, who per- tro"Versy. hap for years has contributed to a policy of insurance. Should Mr. VOLSTEAD. Does the gentleman contend that the insured we ny to him that he ought to protect himself as best he can. or 'Can be benefited by tllis bill? should we say to the insurance company, "You are in much better Mr. IGOE. Of course he can. · position to bear the loss, if there is to be a loss, than the small Mr. VOLSTEAD. How {!an he? claimant "? Perso.nally I felt that it would be better to change Mr. I GO E. Because he will wait in orne cases for years and the bill and provide that in case the claim is large enough, ay will have to come back into a lawsuit ln one case, while the : 2,000, so that :a man can afford to spend the money litigating, insurance company may be trying a lawsuit on ac ount of the the jurisdiction might be extended. Still ·1: do not like the bill. same money in another case. It seems to me tbat 'it is just as I am afraid it sets a bad precedent. If the 'House desires to fair to protect the insurance company against the double pay­ pass this bill, however, and leave the :amount $5{)0, I am not ment in these cases as it is to p1·otect the interests of the policy­ going to object. I am ~oing -to let the Members say whether bolder . they prefer to support the little insurance company or stand by Now, then, who cau&es the trouble? The insurance companies the little claimant and let him litigate his claim at home. do not cause the trouble. Tl1ey issue a policy of insurance, We rebe1led against England because she compelled us to go and either the insured or his heirs cause the trouble. The in· beyond the eas to try our cases, where we could not go with- surance companies have nothing whatever to do with it. They out great Jo s. Why should we now change our policy -and are ·anxious to pay the money, and if trouble is caused by any­ insist that a man has no right to try his case at home, no mat- body it is by the insured or his heirs or assignees. ter how poor or otherwise unable he may be to prosecute his Mr. DILLON. ·Mr. Speaker, will tthe gentleman yield? claim at a great distance 2way from home? 1\lr. IGOE. Yes. Let me suggest another reason against this bill. I believe Mr. DILLON. You say that this bill .does not "'rant ·speci111 this is true, that the insurance ·companies can protect themselves privileges to insurance companies. An individual policyholder by proper contracts so that they need not suffer at all. I think could not go into the United States eourt unle..~ be 'had a clnim they have it within tl1eir power to do so, while the man who of $3,000, -exclusive of -co ts and intere t. Why do you say an .has taken out an insurance policy is not able to do it at alL insm·ance company could go into an United States -court on a :1\lr. BYRNS of Tenne. see. What would the gentleman say claim of '$500 when the policyholder can not get into court un­ in a case of this kind? Take the case of a small insurance com- les he bas a $3,000 claim? pany, where there was a small policy and death occurred and the Mr. IGOE. The insurance company has the money and must company was anxious and willing to pay the proper beneficiaries. pay it into coru·t. Suit was brought in oue court in Newport, Ky., and one in Cin- 1\fr. DILLON. Then, why not allow them to use the State cinna ti, Ohio, on thE> samE> claim, and judgment was recovered com·ts? in both of those courts, and it was necessary for th.is company to Mr. IGOE. They will, if they c.nn get jurisdiction of the pay both judgments. There was abgolutely no opportunity f~r other party. This only appltes in cases where the claimants the company to take the matter into one coru·t and have 1t are citizens of different States and mu t also be citizens of dif- settled as between the two claimants. ferent States from the insurance company. Mr. VOLSTEAD. That may happen to any citizen who has a Mr. DILLON. But nobody else can go into the Federal court contested personal claim. Wby should an insurance company unless he has a claim of $3.000, exclusive of interest and costs. be given special privileges; and are not the insurance c insurance companies ha-ve where parties live far apart it seems to me a greater injustice been sued in two Statest and it has been held that judgment in would be done ·by granting than by denying jurisdiction. I have one is not a bar to the other. no objection to insurance companies. I carry more or less in- 1\Ir. DILLON. Why not make this bill general as to nl1 chn:r- surance myself, and I have. no ill will toward them, but it does acter of cases? Why confine it to tlle insurance companie ? seem to me we ought to protect the people at home. Mr. IGOE. We have not had that question brought up to u . Mr. BYRNS of Tenne see. But if this limitation of $2.000 We have had the cases of insurance companies that have is n.dopted it would simply amount to the· fact that Congress actually arisen brought before us. We do not know -of cases of would be -protecting the big insurance companies and affording any other kind where the pa-rties have ·been denied justice by no protection whatever to those insurance companies which in- the absence of such a law as this. .sure in very srnnH amounts on weekly payments, for instance. }.fr. DILLON. The gentleman believes that these la-ws slwn1d :Mr. VOLSTEAD. The reason why I insist on the .amend- be general, does he not? ment making the jurisdictional amount $2,000 is that if a person Mr. IGOE. I -do. has a claim of $2.000 he can better afford to litigate than if Mr. DILLON. Then, why not make this a general law? the claim is only $500. I do not believe in the bill at all. but Mr. MANN. Let us pass this, and then get some others. I would rather have it applied only to the larger claims as .a The SPEAKER. The question is on agreeing to the nmenu- le er evil. ment raising the amount from 500 to 2,000. Mr. IGOE. Mr. Speaker, I just want to say a word about this 'The question was taken, and the amendment was rejected. bill. The SPEAKER. The question is on the engros ment and third The SPEAKER. Th~ gentleman from Missouri is recognized -reading of the bill. for five minutes. The bill was ordered to be engros eel and read n third ·time. 1\lr. IGOE. I was a member of the subcommittee that con- was read the third time, and passed. sidered it and assisted in drawing u-p some of the amendments The SPEAKER. The Clerk will report the next one. to the bill that was afterwards reintroduced. MONUMENT AT PUEBLO, {)OLO. Now, the gentleman from Minnesota [Mr. VoLsTEAD] makes a mistake when he says that this bill is .exclusiv-ely for the benefit The .n~xt business .on the Calendar for Unanimous Consent was of the insurance companies. The fact of the matter is thls, the bill (H. R. 14669) authorizing the acceptance by the United that the insurance company holds a fund, a sum of money, which States Government from Pueblo Post, No. 8, Grand .Army ·of the it is willi.ng to pay. TbeTe are sevei'al claimants for that fund. Republic, of a monun1ent located on the grmmd. ot the Federal who may be in different States. Now, I submit that it is just building in Pueblo, Colo. 191G. COKGllESSIO~ AL llECORD-HOUSE. 9445

The title of the l>ill was reacl. repe.al of any sucb law of the State of Washington shall affect any prosecution for said offense committetl within said park. The SPEAKER Is tl1ere objection? ~EC. 4. That all llunting or the killing, woun4 ; to Hal Georf;c, $10 ; or spoliation to or upon any building, fence, hedge, gate, guidepost, to :Walter Major $32 ; to J obnny Wheeier, SuS ; to Jark Sam, l$171; in tree, wood, underwood, timber, garden crops, vegetables, plants, land, all, $1,74G.50. springs, mineral depo its other than those legally located prior to the pa age of the act of May 27, 1908 (35 Stats., p. 365), natural curi­ ·with a committee amendment, as follows: osities, or othe1· matter or thing growing or being thereon or situated Strike out all after the enacting clause down to and including line therein, shall be deemed guilty of a misdemeanor and shall be subject 13, page 2; and insert in lien thereof the following : to a fine of not more than $500 or imprisonment not exceeding sb:: "That the !Secretary of the Interior, under such l'ules and regulations months, or both, and be adjadged to pay all costs of the proceedings. ns he may prescribe, 'is hereby authorized to expend, in his discretion, SEc. 5. That all guns, traps, teams, horses, or means of transporta­ not to exceed $1,800, which sum is hereby appropriated out of anthv money tion of every n:1ture or ed, and pa{d as are like fees, ·costs, and expenses in the comts of National Park, which offense is not prohibited or the punishment for the United States. which is not sp<'cifically provided for by any law of the United States, SEc. 11. That all fines and costs imposed and collected shall be de­ the offender shall be subject to the same punishment as the laws of the posited by said commissioner of the United States, or the marshal of State of WasWngton in force at the time of the commission of the the United States collecting the same, with the clerk of the United ofl'en e may provide for a like offense in said State; and no sub~quent States District Court for the Western District of Washington. co 'RES IONAL RECORD-HOUSE. JuNh 10,

•"EC. 12, That tile Secretary of the Interior hall• notify, in -writing-, Mr MONDELL As t] the governor of th Stat f Wa. hington of the passage and approval · · · the gen emnn from Tillnoi ·llus just of thi<; ct. stated, the next President of the United States ba ju. t been Mr. .TORr' 'ON of Washington. Mr. Speaker, I wish to offer nominated. · an amerulment. Mr. MURRAY. Ob, the convention which will nominate him The SPEAKER. The gentleman from Washington offers an does not meet until next week. [Applau._e on the Democratic amendment, which the Clerk will report. side.] The Clerk read as follows: 1\1r. WINGO. Will the gentleman from Illinois yield for a .Amendment offered by Mr. JoRNSON of Washington: Page 8, line 2, question? strike out the word:- "and twelve," and sh1.ke out the word " sections" Mr. MANN. About which propcsition? and insert the word "section." · l\11'. WINGO. The proposition which th gentleman was dis- Mr. JOHNSON of Washington. So that it will read, "as pro- cussing-wild animals. Yided in section 11 of this act." Mr. MANN. Before I yield I would l1ke to ask a question. The amendment was agreed to. Under that act would it be possible for anybody to ki11 a coyote llr. NORTON. 1\ir. Speaker, I move to strike out the last or a rat or any other noxious animal not enrrageUcan side.] Yn-.;hington ou:-rht t-o provide the revenues to take care of this M1·. WINGO. The que tion IS whether it was suicitle or mur- rmrk, all tile lantl in which is now owned by the State? der. I am inclined to think it was suicide. }fl'. .TOfL.·s J.. r of Washington. The county in which it partly :Ur. MANN. The gentleman can bold a post-mortem, and lle lie. .; h w that the gentleman from Wu hin~ton tiary without a trial. is 1 ot entir ly responsible for ~ 1l of the Itmguage in this biTI. Bill" have since been remodel.ed, and I call the att tion of \vhich conforms to lnws that we have heretofore passed conrern- the House to this because it · sill~ for Oon::!re~ to make UP" in~ J1!ll'ks. In . ection 4 it is provided- propriations for killing certain wild animal in national parks That all huntin"' or the killing woun1Ung, or capturing at :my time and forests and then pa a bill saying thnt it · an offense of any mhl bird or a.nimal, e"XCE'Jit dan.c:erous ::t'Ilimal when it is neces- to do it. Ml'S' to prHent them from destroytn.g buman liv~ or inflicting p.ersonaJ The SPEAKER. Th pro forma amendments are withth·awn. Jnjur. , is ,prohibited within the limit of snld PaTk. Tlle bill wrrs ordered to be engr·os- 1 antl r atl a third time, I will state, by the way, that there is a rumor thftt the next w read the tlu:rd time, and pas ed. Pre i-d nt of th Unitell tates has jt «t been nominated at Chi· eago in the perM n of Mr. Ju. tice Chari E. Hughes. [Ap­ FISH-cuLTURAL TATHJ;>i plause on the Republican side.] Th next busin " on the Cal mlar for Unanimou. Coru·ent ~fr. COX. Wait until tt he:ll' from the Progressive conven­ was th bill (H. R. 15617) to e tnbli.~h fi h-hatcbing anll fish­ tim1 first befor yon prophesy whett:.e1· the Repnbtican nominee CDJttu'nl stations in t11 e • tate~ of A lalmru~ ~ LoUl iana; Florida ; 1 will be su<' e . ~~ful. . Georgia, South Carolina, or ~rortl1 Carolb1a; Marylaml or Vir- 1916 .. OONGRESSIONAL RECORD-HOUSE. 9447 ginia; Oregon or Washington; Texas, Oldahonm, Illlnois; :Mr. EY. 1\fr. Speaker, we hft.\!e enough Tegnlations out Washington-; Arizona; New Mexioo; Michigan; Idaho; Mis­ there. souri; Pennsylvnnia, Delaw.nre, or New Jersey; :nnrl 'Minnesota. Mr. !!ANN. .Here is the ·situation nnd all this bill does. It The SPEAKER. Is there objection? is in reference to the Yellowstone National Park. The law now Mr. MAJ\TN. I object. protides for u penalty of not mure than $1.000 or two years' 'S1JPPLY Oll' GAS IN HAWAIL imprisonment This bill reduces the 'fine to n:ot more than ...,300 The next business on the Calendar for Unanimous Consent and the imprisullmrot to six months. was the bill (H. R. 15777) to anthorize and provide -for the Mr. FINLEY. If it is a serious offense, why does the gentle­ manufacture, maintenance, distribution, and supply of gas Jn man wish to lower the punishment? the district of South Hilo, county of Hawaii, Territory of lli. MANN. 'This is the difficulty; These -are offenses which Hawaii. may be punished by n commissioner who is locnted in the -park. The SPEAKER. Is there ·o&-jection 1 Under the Constitution. while they have been exercising tbis Mr. MANN. Reserving the right to object, this bill has power for some years during which this law has been in effect, defect.<:: similar to the uther on-e. a man to be :imprisoned for two years in the penitentiary must be Mr. HOUSTON. Let it take the oonrse .of the other bill and guilty of a criminal offense and not :a misdemeanor. 'The go over witb:ont prejudice. Constitution provides that a man can he foun.d guilty of crimillal UNIFORM STANDARDS OF COTTON. offense only after an indictment. Mr. FINLEY. I am aware of that. The next businms on the Calendar for Unanimous Consent Mr. MANN. And this is to remove that difficulty about the was the bill (H. R. 15913) to authorize the Secretary of Agri­ lnw. culture to establish uniform standards of classification for cot­ ton; to provide for the app.lication, enforcement, and use of such 1\Ir. FINLEY. Does the gentleman !\Vish to :send people to the standards in transactions in interstate and foreign commerce; loc1..-up without an indictment .and without a trial'? to prevent deception tJhtwein ; 11nd for other purposes. lli. MANN. That is just what we want to avoi.d, except in '1\lte SPEAKER. Is there rol}jection? these minor offenses, for a short term,. us in a tCaSe of the. justice of the peace. Mt. MANN. Reserving the right to object, I really think this bill ought not to be passed by unanimous consent in the ab­ Mr. FINLEY. Like a magistrate OOllrt? sence of some Members who, I think, want to :be heard on the Mr. MANN. Yes; that is what it amounts to. We maintain bill. a magistrate out there and pay bim a salary. Mr. LEVER. If the gentleman from TIUnois will permit, I :Mr. FINLEY. Who appoints the magis.trate2 think there are two gentlemen he has in mind who may be Mr. MANN. The President. interested in this :propositiDn, and I ·shan not complain if n 1\lr. FINLEY~ Does he have jury trials? goes over. Mr. 'Speaker, I nsk unanimous consent that the bill Mr. McLAUGHLIN. Yes. - be passed w.ithout .prejudice. .Mr. MONDELL. ~; he does lllot. The SPEAKER. Is th-ere objection to the reqrrest of the :gen­ Mr. McLAUGHLIN. Yes; be -does. tleman from South Cnr.oliml? 1\fr. YONDELL. He does not <()rdinarily. There was no objection. Mr. MANN. Ordinarily there are IID jury trials~ Mr.. McLAUGHLIN. The irliect of the law 11.s it .stanus now '(}()ST OF LIVING IN THE DISTRICT -oF coLUMBIA. is that there are practically no prosecutions, because it is The next :business 'Oil the Calendar for Unanimous Consent necessary tor the authorities there to make complaint and have was the jolnt IJ:'eSolution '(IL J. Res. 91) authorizing and direct- · e¥e:ry -one of them brought :before a court of justice hundreds of ing the Department ·of Ltlbor to make an inquiry into the cost miles away, and later a trial in the United -states distrtet court, of living lin the Dismict of Oohimbia ·and to report thereon to all involving -very large expense. Most ·af the offenses are of a Congress as early as .practicable. trifling nature, that can be and ought to be disposed of rby a The SPEAKER. . Is there :Objection? commissioner in a commissioner's court right in the park. The Mr. iMANN. MrA Speaker. [ .object. I thlnk this bill will effect hi, as I - ~.Y. that th€...~ trifling ill'Eenses, if they were taken come up very soon on District day. I .do :not think 1t ought to up, involve so much expense that the wmmissioner is doing prac• be passed to-day. tically nothing. PimLID HEllTH SERVICE. Mr. FINLEY. Does nut the gentleman think a fine of $100 The next bnsiness :on the Onlen:dar for Unanimous Consent or .30 days' imprisonment would be sufficient to 'Cover those minor was the .bill {IL R. '204} to promote the ,efficiency nf the Public offenses? Health Service. Mr. l\IAl\TN. Undoubtedly that is .BUffi.cient. The only thing The SPEAKER. Is ther.e objection?" tills bill -does is to ehrulge the law by striking out $1,000 .antl Mr. MANN. Mr. Speaker, 1 oo~ct. inserting -$500 and by strjking out twa ~.ears and inserting :six '!'HE CANAI. ZONE. months. The next I hope the genti.eruan will ·nat object to this 'l'be SPEAKER. Is fhel·e objedion1 [After a p::mse.] _ mile bill. This is to make :t :cmtain thing legal. "Chair heaxs none.. 9448 OOITG-RES ION \.1 _RECORD-HOUSE. JUNE 10,

The Clerk read as follows = is in the same class of cases as tile one just passed. Be it enacted, etc.• That the following paragraph, forming part of The SPEAKER. Is there objection to the return reque ted section 4 of an act entitled "An act to protect the btrds and animals 1n by the gentleman? [After a. pause.] The Chair hears none. Yellowstone National Park, and to punish crimes in said park, and for other purpo es,'' approved May 7, 1894, to wit: The Clerk will report the bill. ".Any per on found guilty of violating any of the provisions of this act The Clerk read as follows : or any rule or regulation that may be promulgated by the Secretary of A bill (H. R. 14889) for the relief of the estate of Jackson J. :lla h, 1be Interior with reference to the management and care of the park, or deceased. for the protection of the property therein, for the preservation from injury or spoliation of timber, mineral deposits, natural curiosities, or The SPEAKER. Is there objection? [After a pause.] The wonderful objects within said park, or for the protection of the animals, Chair hears none. birds, and fish tn the said park, shall be deemed guilty of a misdemeanor, and shall be subjected to n fine of not more than $1,000 or imprisonment The Clerk read as follows: not exceeding two years, or both, and be adjudged to pay all costs of the Be it enacted, etc., That the Secretary of the Treasury be, and he is proceedings," be amended to read as follows : hereby, authorized and directed to pay, from any money in the Treasury ''Any person found guilty of violating any of the provisions of this not othet·wise appropriated, to the estate of Jackson J. Mash, decca. e4l, act or any rule or regulation that may be promulgated by the Secretary the sum of $146.29, for ser~ices performed by the said Jackson J. Mash of the Interior with reference to the management and care of the park, as postmaster at Duncanville, Ga., under commission dated June Hi, 1 '3;;. or for the protectlon of the property therein, for the preservation from injury or spoliation of timber, mineral deposits, natural curiosities, or The committee :.unendment was reaailable, in the eyent of the purchase of such we return to the Pri\ate Calendar No. :?52, H. R._l4G45. rights, to be considered as part payment of the purchase price of the Mr. MANN. What is the number? same. The Commissioner of Patents is authorized and directed, in the event l\Ir. MONTAGUE. Calendar No. 252, page 31, I will sny to of the entrance by the Government into a contract with the above­ the gentleman from Illinois. The gentleman from Illinois [llr. mentioned parties for the purchase of ~;uch rights, in all instances whHe it wouhl grant pR.tents to John Days Hammond, jr., or to the l\IAN~] raised an objection yesterday when this bill was called. Radio Engineering Co., upon request of the United States to i sue said :!\lr. l\1ANN. And I find I was mistaken. patents to the United States, and in the event of said contract b<:.ing Mr. MONTAGUE. And upon ful·ther examination the gentle­ made the Commissioner of Patents is further authorized and directed man -v-ery candidly says he was mistaken, and I hope that the to keep applications ·for such patents in the secret archives of the Patent Oitice, not open to discJo ure even in cases of interferences. bill may now be taken up and pas~ed. For procurement and installation of one radiodynamic torpedo unlt, 1\fr. 1\.IAi~N. There were two bills to which I olJjected, and I $417,000: P1·o-r;ided. That no part of said sum shall be so expendeu was wrong; that is all there is about it. My memory was wrong. unless thl' Uniteu States shall first acquire as heretofore provided the r1ghts of the said John Hays Hammond, jr., and the Radio Engineering The SPEAKER. Is there objection to returning to this bill? Co. of New York. [After a pau e.] The Chair hears none. Section 4894 of the Revised Statutes is amended so as to read as The Clerk read as follows: follows: " SEC. 4894. All applications for patents shall be completed and \)re­ A bill (H. R. 14645) for the relief of the legal representati1es of r. II. pared for (!Xamination Wlthln one year after the filing of the applica­ Aylett. tion, and in default thereof, or upon failure of the applicant to prose­ The SPEAKER. Is there objection? [After a pause.] The <:ute the same within one year after any action therein, of wWch notice shall have been given to the applicant, they shall be regarded as Chair hears none. abandon~d by the parties thereto, unless it be shown to the satisfaction The Clerk read as follows : of the Commissioner of Patents that such delay was unavoidable: Be it enacted, etc., That the Secretary of the Treasury be, anu he is Pro1;idetL, lio·wcver. That no application shall be regarded aR abandoned hereby, authorized and directed to pay to the legal representative of which has become the property of the Government of the nited i'Jtates P. H. Aylett, d(>ceased, the sum of $5{)5, being the amount of Treasury and with respect to which the head of any department of the Govern­ clraft No. 5845, issued April 18, 1 til, in favor of said P. H. Aytett, ment shall have certified to the Commis loner of Patents, within ;l. United States attorney for the easte1n district of Virginia, in payment period of three years, that the invention disclo ed therein Is important of attendance, travel, and fees from January 1 to April 3, 1861. said to the armament or defense of the United States: Provided further, draft having been lost and standing unpaid on the records of the Treas­ That within 90 days, and not less than 30 days, before the expiration urr Department; and a sum ufficient for said purpose is hereby appro­ of any such three-year period the Commissioner of Patents shall, in pnated out of any money in the Treasury not otherwi e appropriated. writing, notify the head of the department interested in any pending application for patent, of the approaching expiration of the three-year The committee amendment was read, as follows: period within which any application for patent shall have been pend­ Add, at the end of the bill, page 2, line 4, after the word "appro­ ing." priated," a colon and the following: a Pt·ovidetl, That before paying thP same the said legal representative of P. H. Aylett shall deliver to the The SPEAKER. Is there objection? [After a pause.] The , ecretary of the Treasury a good and sufficient bond, with the surety Cbair bear none. to be approved by the Secretary of the Treasury, to indemnify the l\fr. SHEHLEY. Ur. Speaket·, the effect of this resolution is United States against all losses, costs, or damage incurred by reason of mnking the said paym!'..nt." simply to make in order on the fortifications bill the items which ha\e been read. It does not, of com· c, in any way binu the The committee amendment was agreed to. committee or the Hou e to the adoption of such provisions. The bill as amended was ordered to be engrosse Monday. 3480 of" the: ~visedl Statute'S! of too· Tim ted States;: to the Cum· 1\fr. 1\fAl\TN. May I ask the gentlemrn fi·om North Carolina mittee. orr the- Judiciary. · [Mr. KITcm...~I what he has: in mind that probably the House will be dofng all of next week? PRIVATE BILLS AND. RESOLmONS.. Mr. KITCHIN. I thinlt that vrobabiy we. wouid get llirough. with this bill' anhol!Y.; to1the · CommittP.e on l?ensionsr MI\ IiiTCHIN. I hope not. We· are hoping; to ta.1re> up the By·1\lr. P.:i.GE. ot N ortlL 0arQlina :- A.. bill (H. It. I63Hl) grant- sundry civil bill and fini~h it thee week after: ' ing. a pension to Stephen. J. Frazier; to the Committee> on Pen·' 1\lr. MANN The· A:xmy bill fins not fieen. reported. sions. Mr. KITCHIN. No. Ey M:r.. RAII{,'H:. A biU (H~ It. 16H02:)' grantln~r a11. increasP.'o:f Mr. MANN Although we had. a letter from the Secretaryr of_ , pens:ioiL to John Brogan'; t~. the Committf'ft on InTILlie- orr. Invalid' wanted to ha '~inserted. . L du not Jmow what private. connection 'Rt:mmons. he has. I presume he has known in ad:Yanc·e what is to; ber re- : B)r l\1r TAGGART~ A bill (H. R. 1.6394} gr:wtilig an incrf'ase­ vorted. I do, not.. of pension to Stephen Lampman; tct tfier Committee on: Invalid! 1\lr. KLTCHIN. The: gentleman and the Speaker. will have tof Pensions. get togetba· on that, because· the Secretary doe81 not write me. By 1\lr. EAGAN: A oiiT (H. R. 16395) granting an increase letters~ nor do other members· of the Ca.bi.net I hope. yo_u wili of pension: to Sarah H... Branton;· to· the Committee- on Invalid help us get through with: that millta.ry-bill a.ru:b the fortifications. Pensions. if w.e cant 1\.fr:. MANN. I f:1lblk nobody," C..'lll. compl.aim of the hffip· I have· been giving this week . PETITION£~ ETC. .Mr. KITCHIN. No a bit. Timler clause 1_of Rule XX!II, petitix:ms aruf papet~~ were fuid The- SPEAKER.- '.Rhe question. is on agreeing- m the. rerolu~ on the Clerk's desk and referred as follows: tion offered by the; gentleman from K-entucky· [Mr. SHERLEY]~ By 1\ir. BA!Ili.EY: Protest of' Mrs F: J. Tavner, Mi-s • .WiJllam The question was taken, and the resofution was< agreed to~ Lester, Alice Davis, EJecta Sturgis, and Mrs: Sr Cr BaTon, alll. On motion of Mr~ SHERX.EY, a- mation to reci>nsider the vote by of: Johnst-own, Pa• against the passage of House- bill 967L :It which the resolution was agreed to was laid on the table bill to establish. price· control;. to the Corumittee on the· Judt Im1JR OF MEE1'IN

Also, petition of 71 citizens of Massachusetts, for a Christian on to-morrow, I would be w-illin,., to make the request contin~ent . amendment to the Constitution of the United States; to tlle on the completion of the fortification l>ill. Committee on the Judiciary. The SPEAKER. Why not make t11e request aftet· the comple­ All'o, memorial of board of directors of the Washington Cham­ tion of the fortification bill? ber of Commerce, in re half-and-half plan; to the Committee on .Mr. BORLAND. I understood there was some doubt about the District of Columbia. whether the bill would come up. If it does not, then I \Youl(t By Mr. HAMILTON of Michigan : Memorial adopted at a make the request for 20 minutes after the reading of the Joumul. meeting of the Society of Friends, held at Stillwell, .Ind., May The SPEAKER. The gentleman from Missouri asks unani­ 27, 1916, opposing further prepar~dness preparations; to the mous con ent that if the fortification bill is up to-morrow he muy Committee on Military Affairs. have not to exceed 20 minutes at the conclusion of the fortifica­ Also, petition of citizens of Berrien Springs, Mich., opposing tion bill, ant.l if the fortification bill is not up to-morrow, that t11e passage of House bill 13778; to the Committee op. the Post after the reading of the .T ournal and clearing up of business on Office and Post Roads. the Speaker's table he shall have 20 minute . Is there objection? By Mr. HILLIARD : Petition of the elders and trustees of the Mr. 1\fA.t."'rn'. Reserving the right to object, Mr. Speaker, it Twenty-third Avenue Presbyterian Church, of Denver, urging makes it very awkward, when gentlemen ask unanimous ron­ t11e pas. age of the Sims-Kenyon bill, prohibiting the interstate sent to. address the House at some future day, to refuse other transmission of results of horse races and bets ; also, urging the people who want the same privilege. I suggest to the gentle­ passage of tlle Towner amendment (H. R. 9521) to add obscene man to take his chances to-morrow. He is always ready ancl motion-picture films to the law prohibiting interstate trans­ prepared. If the situation is such t9-inorrow that it is feasible, mission of obscene books, pictures, etc. ; to the Committee on there will be no objection then, but I shall object to setting a Interstate and Foreign Commet·ce. time in advance. · Also, petition of elders and trustees of the Twenty-third Ave­ The SPEAKER. The gentlemnn from Illinois [Mr. MANN] nue Presbyterian Church, of Denver, opposing appropriation for objects. sectarian purposes; to the Committee on Appropriations. EXTENSION OF REMARKS. Also, petition of elders and trustees of the Twenty-third Ave­ Mr. CHIPERFIELD. Mr. Speaker, I ask unanimous con ent nue Presbyterian Church, of Denver, urging the passage of the to extend my remarks in the RECORD on the matter of the Senate Randall bill, prohibiting the mailing of liquor advertisements amendment to the river and harbor bill, limiting the flow of the b newspapers or other forms ; to the Committee on the Post Chicago Sanitary Canal to 250.000 cubic feet of water. Office and Post Roads. The SPEAKER. The gentleman from Illinois [Mr. CHIPER­ - Also, petition of elders and trustees of the Twenty-third Ave­ FIELD] asks unanimous consent to extend his remarks in the nue Presbyterian Church, of Denver, urging the passage of the RECORD upon an amendment to the riYer and harbor bill as indi­ Smith-Hughes motion-picture censorship bill; to the Committee cated. Is there objection? on Education. There was no objection. Also, petition of the elders and trustees of the Twenty-third l\1r. CULLOP. Mr. Speaker, I ask unanimous consent to ex­ Avenue Presbyterian Church, of Denver, urging the passage tend my remarks in the RECORD by having printed an address of an amendment to the Constitution providing for national pro­ delivered by Bon. Robert Lansing before the Jefferson County hibition ; prohibition for the Philippines in the enabling act; Bar Association at Watertown, N. Y., on June 3, 1916. prohibition in the District of Columbia and all other Territories The SPEAKER. The gentleman from Indiana [Mr. CULLOP] in which Congress has the power to proh.ibit; prohibition of asks unanimous consent to extend his remarks in the RECORD exportation of rum to Africa; prohibition. for Porto Rico; to the by inserting a speech made by Bon. Robert Lansing, Secretary Committee on the Judiciary. of State, at the meeting of the Jefferson County Bar Association· By Mr. MATTHEWS : Papers to accompany House bill 16341, at Watertown, N. Y., recently. Is there objection? for the relief of Emeline Verity, widow of James L. Verity;_to There was no objection. the Committee on Invalid Pensions. 1\Ir. MANN. Mr. Speaker, I ask unanimous consent to extend my remarks in the REcoRD by printing a statement made by Mr. Hughes, the next President of the United States, addressed to HOUSE OF REPRESENTATIVES. Mr. HARDING, the chairman of the Republican national com·en­ tion. [Applause on the Republican side.] :hfoNDAY, June 12, 1916. The SPEAKER. The gentleman from Illinois [Mr. !!ANN] asks unanimous consent to extend his remarks in the RECORD The House met at 11 o'clock a.m. as indicated. Is there objection? The Chaplain, Rev. Henry N. Couden, D. D., offered the fol­ lli. ADAMSON. Reserving the right to object, I hope it will lowing prayer : be put in that the gentleman announces now that I.e will be the Infinite Spirit, whom we have been taught to call our Father, next President, but it will never be announced later. [Laughter help us to realize the dignity it confers upon us, that our deport­ on the Democratic side.] ment in all the relationships of life may harmonize with that Mr. MANN. It will be announced after the first Tuesday in dignity. Impart unto us wisdom to guide, strength to sustain; November. purity, that we may emphasize our sonship, as enunciated and The SPEAKER. The gentleman from Dlinois asks unanimous exemplified in the life and character of the Jesus of Nazareth, consent to extend his remarks in the RECORD by inserting the who taught us the way and the truth and the life, that we may statement made by Bon. Charles E. Hughe~ last Saturday when live in Thee, through Thee, for Thee in a true and faithful be received notification, very much to his surprise, of his nomi­ service. Amen. nation. [Laughter.] Is there objection? The Journal of the proceedings of Saturday, June 10, 1916, There was no objection. was read and approved. LEAVE OF ABSENCE. PERMISSION TO ADDRESS THE HOUSE. Mr. FIELDs, by unanimous consent, was· granted leave of ab­ Mr. BORLAND rose. sence, indefinitely, on account of important busine s. The SPEAKER. For what purpose does the gentleman from DISTRICT OF COLUMBIA. D..!.Y-UNITED STATES FLAG. Missouri rise? Mr. JOHNSON of Kentucky. Mr. Speaker, this being Dis­ M.r. BORLAND. I rise, Mr. Speaker, to ask unanimous con­ trict day, I move that the House take up for con 'ideration the sent that to-morrow, after the reading of the Journal, I may pro­ bill (H. R. 14822) to prevent and punish the desecration, muti­ ceed for 20 minutes. lation, or improper use, within the District of Columbia, of the The SPEAKER. The gentleman from Missouri [Mr. BoR­ flag of the United States of America. LAND] asks unanimous consent that to-morrow, after the readiug of the J om·nal and the clearing up of business on the Speaker's The SPEAKER. The gentleman from Kentucky calls up the bill H. R. 14822, which the Clerk will report. table, he may be permitted to proceed, not to exceed 20 minutes. The Clerk read as follows: Is there objection? Be it enacted, etc., That hereafter any person who, within the Di trict Mr. SHERLEY. Mr. Speaker, reserving the right to object, of Columbia, in any manner, for exhibition or display, shall place or in the event we should. get into and not finish the fortification cause to be placed any word, figure, mark, picture, design, drawing, bill, I would not want to have it delayed for general debate. I or any adverti e.ment of any nature upon any tlag, standard, colors, or ensign of the United States of America; or shall expo e or cause to be would have no objection to the request if it was to foliow the exposed to pubti<' view any flag, standard, colors, or ensign upon which completion of that bill to-morrow, or if the bill did not come up shall have been printPd, paintE>d, or otherwise placed, or to which shall to-morrow. ·be attached, appended, affixed, or annexed any word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or 1\Ir. BORLAND. Well, Mr. Speaker, I would want to give the who, within the District of Columbia, shall manufacture, sell, expose right of way to the fortification bill. · If the fortification bill Is for sale or to public view or give away or have 1n possession for sale