1922. .CONGRESSION.AL RECORD-HOUSE. 8481 and fully given of the acts, policies, and motives of at least one, Committee on Military .Affairs may have five days in which to nncl, speaking for the Secretary of the Navy, of two of the mem file minority views. ber of your official family. The SPEAKER pro tempore. The gentleman from Illinois I am. sir, asks unanimous consent th.at any member of the Committee on 'Very sincerely yours, Military .Affairs may have five legislative days in whlch to file ALBERT B. FALL, Secretary. minority views on the bill H . .R. 11903. Is there objection? The PRESIDEN T, Mr. GARRETT of Tennessee. l\Ir. Speaker, reserving the The TFhite House. .right to· object, may I ask the gentleman if he is in a po ·ition NAVAL OIL RESERVE LEASES (S. DOC. 210). where he can inform the House as to the probability as to when this bill ·will be considered? Mr. SJUOOT. I submit a resolution and ask that it be read. Mr. McKENZIE. I will say very frankly to the gentleman The resolution ( S. Res. 305) was read, as follows : from Tennessee that I am not able to give him that information. R esolv ed, That the message of the President of the United States, with the accompanying communication from the Secretary of the Inte Personally I would be glad to see an early consideration of the rior, and illustrations, in response to Senate Resolution 282, requesting measuTe. cert ain information c-0ncerning naval reserve oil leases, be printed as M.r. GARRETT of Tennessee. Mr. Speaker, this, of course, a Senate document, and that 4,000 additional copies be printed for the use of the Senate document room. is a matter of very large portent. There is a great deal of in terest here and in the country. I had hoped that the gentleman Mr. SMOOT. I will simply state that more than 4,000 copies might be in a situation that he could indicate whether it was can not be ordered printed by a Senate resolution because of purposed to pass-I assume it is to be considered under a the fact that the cost would exceed $500. It requires a concur rule? rent resolution of the two Houses to authorize a cost exceed Mr. McKENZIE. That is my understanding. ing $500. I ask unanimous consent for the present considera tion of the resolution. .Mr. GARRETT of Tennessee. Is it the gentleman's purpose to ask for a rule at once? The resolution was considered by unanimous consent and Mr. MONDELL. Will the gentleman from Illinois yield? agreed to. Mr. McKENZIE. I yield. RECESS. Mr. MONDELL. It seems to me, Mr. Speaker, that it is im Mr. l\IcCUl\-IBEJR. I move that the Senate take a recess possible for anyone to say just now when this matter can be until to-morrow at 11 o'clock a. m. taken up for consideration. My present thought is that there The motion was agreed to; and (at 6 o~clock and 50 minutes ought to be some action taken at a reasonably early date, but p. m.) the Senate took a rece s until to-man·ow, Saturday, until we have ~ad a chance to read the reports and digest them June 10, 1922, at 11 o'clock a. m. and know just what has been suggested, it is difficult for anyone to say just when the matter ought to be taken up for consid eration. Mr. GARRETT of Tennessee. I, of course, am not asking HOUSE OF REPRESENTATIVES. that a date be fixed now, but I thought it perfectly fair that there .might be given the House a -statement as to the attitude FRIDAY, June 9, 19B2. toward it. Mr. MONDELL. To be entirely frank wtth the .gentleman, I The House ·met at 12 o'clock .noon and was ealled to order do not think that anyone could properly say now that we would or by the Speaker pro tem_pore [Mr. WALSH]. would not take up the Muscle Shoals matter in the near future. The Chaplain, Rev. James Shera Montgomery, D. D., offered I think that is a matter that must be decided after the r€ports the following prayer : .are before us and have been digested. It is not a simple matter. Vouchsafe, dear Lord, Thy blessing upon us this day. En There is an item on the military bill, put on by the Senate, pro large and intensify our thought of service to all the people. Let posing a continuation of work on the Wilson Dam. There is the highest standards always inQite our motives. May all evil some .question as to whether or no that appropriation ought to be suppressed. Grant that Thy spirit may go forth carrying be provided and the work go on, or take up the Muscle Shoals with it stability to the weak, wisdom to the erring, and stren-gth reports and dispose of them. There are quite a number of pos to tbe faltering. Arise, 0 God, with blessing in Thy shadow, sibilities in the situation, and I do not think anyone would be for our country waits for Thee and needs the touch of Thy justified in saying now just what ought to be done or just when power. In Tby holy name. Amen. .it ought to be done. Mr. GARRETT of Tennessee. Mr. Speaker, if the gentleman The J oumal of the proceedings of yesterday was read and will indulge me just for a moment, I do not think that the. ap approved. propriation put on in the Senate providing for a continuation of MESSAGE FROM THE SEN.A.TE. the work has a necessary bearing upon the disposition of the .A. message from the Senate by Mr. Craven, its chief clerk, report of the Committee on Military Affairs on the Ford and announced that the Senate had passed bills of the following other offers which have been made. titles, in which the concurrence of the House of Representatives 1\fr. MONDELL. It mignt have a very considerable bearing was requested : on it if after reading the report the situation appeared to be S. 2168 . .A.n act for the relief of Jesse C. Dennis and William one with so many troublesom._ and difficult questions involved Rhett Eleazer ; in it that we were not prepared to pass finally upon them; S. 3620 . .A.n act to authorize the construction of a briUge it might be found advisable to go on with the work temporarily. across Pearl River at Tilton, Lawrence County, Miss.; and I do not want to create the impression that that is my view or the S. 3458 . .A.n act to authorize the Niagara - River Bridge Co. view of anyone. The situation is one in which just at this time to reconstruct its present bridge across the Niagara Rl'ver be I do not believe anyone would be justified in suggesting what tween the State of New York and the Dominion of Canada, or we ought to do. The desire of gentlemen on both sides is to to remove its present bridge and construct, maintain, and oper dispose of this matter finally just as soon as it is possible to ate a new bridge across the said river. do it in a proper way with proper consideration. The message also announced that the Senate had passed Mr. McKENZIE. If the gentleman will permit, in justice to without amendment the bill (H. R. 11265) to authorize the the majority leader [Mr. MONDELL] it is proper for me to ay maintenance of a bridge constructed across the Pend Oreille that when we finally came to a conclusion on this matter in the River at the town of Usk, in the State of Washington. committee we consulted him about the possibility of getting this up in the House for consideration. He said to me at that time .MUSCLE SHOAL • that it would be impossible and impropeT i:o make any statement l\Ir. McKENZIE. Mr. Speaker-- as to when it could be taken up until our reports were filed and The SPEAKER pro tempore. For what purpose does the gen Members of the House had an opportunity, at least, to read tleman from Illinois rise? them. Mr. l\IcKENZIE. Mr. Speaker, as acting chairman of the I think that is perfectly fair, but in order to expedite mat Committee on Military .Affairs I have this morning submitted a ters under that law we got busy in our committee and pre report on the bill H. R. 11903, known as the Muscle Shoals bill, pared our report with just as great haste as possible. Other and also accompanying that report are the views of part of -the wise, possibly we would not have filed these reports until Mon minority, prepared by l\fr. WRIGHT, of Georgia. Mr. PARKER of day. .But inasmuch as it was a matter of such great im New Jersey, one of the members of the committee, has pre portance that Members of the Rouse should have an oppor par-ed a minority report which I assume a number of other tunity to .read. the reports, I have undertaken the responsibility members will wish to sign. l\lr. P ABKE& being absent to-day at of filing these reports to-day even in the absence o! some of West Point, I ask unanimous consent that any member of the my colleagues on t1:e committee.
• 8482 CONGRESSIONAL RECORD-HOUSE. · JUNE 9,
Mr. QUIN. Will the gentleman yield? Mr. STAFFORD. Oh, Mr. Speaker, the distinguished chair l\Ir. McKENZIE. I will. man of the Committee on Rules confuses the purpose of the l\Ir. QUIN. Do you not think that the Committee on Rules clause which has just been called to the attention of the Chair. ought to give the Committee on Military Affairs a hearing as It gives to the Committee on Invalid Pensions the privilege of to when they should bring this out? making a report, but it does not give the committee the right 1\fr. McKENZIE. It will be taken up to the Committee on to have the bill a privileged bill. Rules. 1\Ir. LANGLEY. Will the gentleman yield to me there? 1\1r. OLIVER. May I ask if the opinion of the Attorney Gen Mr. STAFFORD. Surely. eral is filed with the report? l\Ir. CAMPBELL of Kansa~. I think the gentleman from l\fr. McKENZIE. That was filed with the report. It was Wisconsin is answering himself, if the gentleman from Ken included in the report along with the report of the Judge tucky will allow him to proceed. Advocate General of the United States Army. Mr. LANGLEY. I will, except that I want to call his atten Mr. G'ARNER. Will not th·e gentleman modify bis request, tion to the fact that where the rule provides that a committee so that it will not interfere with the consideration of this re shall have the privilege of reporting at any ti.Ir', that privi port in case -it is desired to do so within five days? That is lege is also extended to the consideration of the measure when the customary way. I do not want those who are opposed to e-ver it is brought up. this measure to have the excuse for delaying its consideration. Mr. GARRETT of Tennessee. If the gentleman will permit, l\Ir. McKENZIE. I have no objection to modifying my re it seems to me the jurisdiction of the Committee on In>alid quest accordingly. Pensions, which is made privileged in the rule, is as to legis The SPEAKER pro tempore. The gentleman from Illinois lation affecting the pensions of soldiers and sailors of the asks unanimous consent that the members of the Committee Civil War and the widows of such soldiers and sailors. That on Military Affairs may within five legislative days file minor means, I had supposed, soldiers and sailors who were mustered ity views on the bill-H. R. 11903-concerning Muscle Shoals, into the service of the United States during the Civil War not to interfere with the consideration of the measure. Is and, of course, the widows of such soldiers and sailors. Tllis there objection? [After a pause.] The Chair hears none. bill defines a new class of pensioners, persons who were not mustered into the service of the United States, and has not the PENSIONS FOR STATE MILITIA ORGANIZATIONS. privilege which would attach to any bill which would relate l\Ir. LANGLEY. Mr. Speaker, I move that the House resolve to the soldiers or sailors of the Civil War. itself into Committee of the Whole House on the state of the 1\fr. CAMPBELL of Kansas. I call the attention of the Chair Union for the consideration of the bill H. R. 211. to the fact that this class of bills has always been considered The SPEAKER pro tempore. The gentleman from Kentucky under this rule and reported as this bill by the Committee on moves that the House resolve itself into the Committee of the Invalid Pensions. The militia of the State of Missouri was Whole House on the state of the Union for the consideration given a pensionable status under a bill similar to this and of the bill H. R. 211-- considered under paragraph 56, Rule XI-a bill reported from Mr. LANGLEY. And pending that motion-- the Committee on Invalid Pensions. That was many years ago. Mr. STAFFORD. l\Ir. Speaker, a parliamentary inquiry. 1\Ir. GARRETT of Tennes ee. Does the gentleman say it The SPEAKER pro tempore. The gentleman will state it. was considered as a privileged bill? Of course, I know it came Mr. STAFFORD. Has this bill been giverf any privileged from the Committee on Invalid Pensions. status by a report from the Committee on Rules? Mr. CAMPBELL of Kansas. Bills from that committee have Mr. LANGLEY. I will say to the gentleman from Wisconsin always been considered as privileged when they involved gen- that it has. eral pension legislation. • 1\fr. GARRETT of Tennessee. My own recollection is-I may The SPEAKER pro tempore. The q1air did not bear the be in error about it-that this bill in the past has not b en inquiry of the gentleman. treated as a privileged bill. Of course, it has been hanging 1\1r. STAFFORD. It is whether this bill has been given any around here for 40 years. I do not recall that the question privileged status by a report of the Committee on Rules. was raised at the last time itt was considered. The SPEAKER pro tempore. The Chair is not aware of any Mr. CAMPBELL of Kansas. The question of the jurisrlic rule being adopted giving this bill a privileged status. tion of the Committee on Invalid Pensions to consider a bill Mr. LANGLEY. I was referring to the general rules of the reported as a general bill by that committee has not been House. raised, because of the sweeping terms of the rule under which Mr. STAFFORD. 1\fr. SJ?eaker, I make the point of order it makes its report, and, having reported the bill, it is called that the motion of the gentleman from Kentucky is not in up under privilege. order, the bill not being privileged. 1\fr. GARRETT of Tennessee. It is not a question of juris Mr. LANGLEY. This bill was reported by the direction of diction that is raised here now by the gentleman from Wis the Committee on Invalid Pensions and from the fioor. consin. The jurisdiction may be conceded. It is too late to l\lr. MONDELL. Why is it not in order? raise that question. But it is a question of privilege and that The SPEAKER pro tempore. The gentleman from Wisconsin which it involves. There are many bills over which the com 'vill state the point of order. The Chair did not hear it. mittee has jurisdiction that might not be privileged. Other Mr. STAFFORD. The point.of order is that the motion of committees at any time have the power to report privileged tlrn gentleman is not privileg~under the rules of the House. bills. For instance, the Committee on Ways and Means deals To-day is the second Friday of the month. Under clause 6, not only with matters that are privileged but also matters that Rule XXIV, providing for the consideration of bills on the are not privileged. The mere fact that certain matters under Private Calendar, we find the following language: the jurisdiction of the Committee on Pensions are privileged On Friday of each week, after the disposal of such business on the does •ot make everything coming from that committee privi Speaker's table as requires reference only, it hall be in order to enter le~ed. tain a motion for the llouse to resolve itself into the Committee of the Whole House to consider business on the Private Calendar in the fol Mr. C.A.l\IPBELL of Kansas. The gentleman "\vill note that this lowing order: On the second and fourth Fridays of each month pref is a general bill, specifically covered by the rule ; a bill re erence shall be given to the consideration o! private pension claims ported by the Committee on Invalid Pensions, and it is now and bills removing poliUcal disabilities and bills removing the charge of desertion. called up as a privileged bill. Mr. GARRETT of Termessee. But it is not a bill to grant I wish to call the attention of the Chair to the fact that the pensions to soldiers or sailors of the Civil War, or to the bill for which the gentleman asks unanimous consent for con widows of soldiers or sailors of the Civil War. It is a bill sideration in the Committee of the Whole House on the state to grant pensions to another class of persons who claim to have of the Union is a public bill, not on the Private Calendar, had military service. it being found on the Union Calendar, and therefore does not 1\fr. CAMPBELL of Kansas. That is a matter to be decided come within the provisions of clause 6, Rule XXIV, providing by the Committee on Invalid Pensions, and having decided that for eonsideration of business on the Private Calendar. it was within their jurisdiction and that it is a bill of a gen l\I.r. CAMPBELL of Kansas. l\Ir. Speaker, the gentleman eral character, it comes within the rules. from Wisconsin evidently. has overlooked paragraph 56 of The SPEAKER pro tempore. The gentleman from Wisconsin Rule XI of the l\Ianual, as follows : [1\fr. ST.AFFORD] makes the point of order that the motion of the The following-named committees shall have leave to report at any gentleman from Kentucky [.Mr. LANGLEY], namely, that the time on matters herein stated, namely, the Committee on Rules, the House resolve itself into the Committee of the Whole Hou e on Committee on Invalid Pensions, general pension bills. the state of the Union for the consideration of H. R. 21J. is That is the committee now reporting, and they are reporting not in or • , 1922. CONGRESSIONAL RECORD-HOUSE. 8483 viues in substance that on Friday of each week, after the dis l\fr. STAFFORD. Mr. Speaker, I make the point of order position of such bu iness on the Speaker's table as requires that there is no quorum present, and challenge the vote just reference only, it shall be in order to entertain a motion that taken for that reason. the Hou e resolve itself into Committee of the Whole House The SPEAKER pro tempore. The gentleman from Wiscon to consider bu iness on the Private Calendar in the following sin makes the point of order that there is no quorum present, order : On tile second and fourth Fridays of each month prefer and objects to the vote for that reason. It is evident that ence shall be given to private pension claims and bills remov there is no quorum present. The Doorkeeper will close the ing political disabilities and bills removing desertion charges, doors. The Sergeant at Arms will bring in absentees. The and on every I1'riday except the second and fourth Fridays the question is on the motion that the House resolve itself into House shall give preference to the consideration of bills from the Committee of the Whole House on the state of the Union the Committee on Claims and the Committee on War Claims, for the consideration of H. R. 211. Those in favor will, as alternating between the two committees. their names are called, answer "yea," those opposed "nay," The attention of the Chair also has been directed by the and the Clerk will call the roll. gentleman from Kansas [l\fr. CAMPBELL] to the provision of The question was taken; and there were--yeas 181, nays 58, clause 56 of Rule XI, which provides that "the following-named not voting 190, as follows : collllllittees shall have leave to report at any time on the YEAS-181. matters herein stated: The Committee on Rules on rules, joint Ackerman French Lehlbach Ricketts rules, and order of business " ; then, after enUm.erating several Andrews, Nebr. Gahn Linthicum Riddick others, " the Committee on Invalid Pensions, general pension Anthony Gensman Little Roach bill." The fact that this is the second Friday of the month Atkeson ~nerd Luhring Robertson Bankhead Gorman :McCormick Rogers would not make this motion in order under the provisions of Barbour Graham, Ill. McKenzie Rose clause 6 of Rule X:XIV. Beedy Green, Iowa l\IcLaugblin, Mich.Rucker Begg Greene, Mass. McLaughlin, Nebr.Ryan This bill, however, was reported by the Committee on In Benham Hadley McPherson Scott, l\Iich. valid Pensions on March 27 last, the Chair is advised, as a Bixler Hardy, Colo. MacGregor Scott, Tenn. privileged bill reported from the floor with all points of order Blakeney Haugen Magee Shelton Bland, Va. Hawes Mapes Sinnott reserved. It deals with the pension act of llay 11, 1912, by ex Brown, Tenn. Hawley Martin Smith, Idaho tending its provisions, not to certain specific individuals but Burdick Hayden Mead Speaks to a class of proposed beneficiaries who heretofore have not Burroughs Hays Merritt Sproul Burtness Herrick Michener Steenerson come under the law relating to pensions. Burton Hersey Millspaugh Stephens The present occupant of the chair had occasion to pass upon Cable Hickey Mondell Strong, Kans. a question somewhat akin to this when the bill relating to the Campbell, Kans. Hicks Montoya Summers, Wash. Cannon Hill Moore, Ohio Swing monthly payment of pensions was reported. A point of order Carew Hoch Moores, Ind. Taylor, N. J. at that time was made, that it was not in order to move to re Chalmers Huddleston Morgan Thomas solve the House into Committee of the Whole House on the Chandler, Okla. Hukriede Mott Thompson Chindblom Hull Murphy Tillman state of the Union for the consideration of that bill, because Christopherson Husted Nelson, Me. Timberlake that proposed legislation was not within the purview of the · Clague Jones, Pa. Nelson, A. P. Tincher language of clause 56 of Rule XI. The Chair at that time Clarke, N. Y. Kearns Newton, Mo. Tinkham Clouse Keller Nolan Towner held that that language in the rule, namely, "general pension Cole, Ohio Kelly, Pa. Norton Underhill bills," meant bills or legislation general in character, as dis Colton Kendall O'Brien Vaile tinguished from bills of a private character or bills restricted Coughlin Ketcham O'Connor Vestal Crago King Ogden Voigt in their purpose or effect. The precedents se~m to hold that the Cram ton Kinkaid Osborne Volstead right to report legislation at any time carries with it the right Cullen Kirkpatrick Parker, N. Y. Walters to have that legislation considered at any time, provided it is Dale Kissel Patter on, Mo. Webster Dallinger Kleczka Porter Wheeler not in conflict with other rules of the House covering the pro Dowell Kline, Pa. Pringey White, Kans. cedure and precedence of legislation." Dunbar Knutson Purnell White, Me. The Chair has examined the provisions of this bill-H. R. Dupre Kopp Radcliffe Williamson Echols Kraus Rainey, Ill. Wingo 211-and is of opinion that it is general in character, in that Edmonds Lampert Raker Woodruff it adds another class to come within the benefit of the laws Ellis Langley Ramseyer Wyant heretofore enacted for the payment of pensions; and that while Fairfield Lawrence Reece Young Faust Lazaro Recd, N. Y. it is not in order un Knight Morin Sabath Taylor, Colo. Mr. LANGLEY. Mr. Chairman, I ask unanimous consent I Kreider Mudd Sanders, Ind. Taylor, Tenn. Kunz Nelson, J.M. Sanders, N. Y. Temple that the first reading of the bill be dispensed with. Larson, Minn. Ne,vton, Minn. Schall Ten Eyck The OHAIRl\!A.N. The gentleman from Kentucky asks unani Layton Oldfield Sears Til OD mous consent that the first reading ot the bill be .dispensed Lee, N. Y. Olpp Shn.w Treadway Lineberger Padgett Shreve Tyson with. Is there objection? London Paige Siegel Upshaw There was no objection. Longworth Parker, N. J. Sinclair Vare Mr. LANGLEY. Mr. Chairman, in previous Congresses I Luce Parks, Ark. Slemp Volk Lyon Patterson, N. J. Smith, Mich. Ward, N. Y. have discussed this question so many times that I shall take McArthur P erkins Smithwick Ward,N. C. very little time now, as several other gentlemen desire to be MeCllntic Perlman Snell Wa on heard. In order to economize time, I ask unanimous consent McFadden Petersen Snyder Watson McLaughlin, Pa. Rainey, Ala. Stedman Weaver that I may revise and briefly extend my remarks in the RECORD Madden Ransley Stevenson Williams, IlL on this bill · Maloney Rayburn Stiness Winslow The CHAIIlJ\lfAN. The gentleman from Kentucky asks Mann Reber Stoll Wood, Ind. Mansfield Riordan Strong, Pa. Woodyard unanimous consent to revise and extend his remarks. Is Michaelson Rohsion Sullivan Wurzbach there objection? Miller Rodenberg Swank Yate~ There was no objection. Mills Rosenbloom Sweet Zlhlman Moore, 111. Rossdale •.rague Mr. LAl-XGLEY. Mr. Chairman, I have now been a Member Moore, Va. Rouse Taylor, Ark. of this great body for nearly 16 years. Before I had that So the motion was agreed to. honor confe1Ted upon me, while I was first a candidate for The Clerk announced the following pairs: Congress, I promised the old militia soldiers and their widows Until further notice·: and other dependents in my district that I would use every l\Ir. Stiness with Mr. l\fcClintic. effort in my power to secure the enactment of the bill which 1\Ir. Sanders of Indiana with l\lr. Driver. is lllOW before you. [Applause.] Year after year since I have Mr. Miller with Mr. Fisher. been here this bill has been up for consideration either in the 1\fr. Kennedy with Mr. Gallivan. committee or 1n the House. In the Sixty-fifth Congre s it was Mr. Paige with Mr. Sullivan. passed by the House almost unanimously. The bill provides, Mr. Treadway with Mr. Cockran. in brief, that these State militiamen and members of other l\Ir. Kahn with Mr. Cantrill. State organizations who, although not regularly mustered into l\fr. Glynn with Mr. Steven on. the United States service, nevertheless Tendered service in the .l\fr. Fess with l\Ir. Bell . uppression of the rebellion under the command of Federal Mr. Patterson of New Jersey with lli. Oldfield. officers, shall be given the benefit of the existing pension laws. Mr. Cooper of Ohio with Mr. Rayburn. which now apply only to the cases of those who were regularly Mr. Brennan with 1\Ir. Oonnally of Texas. mustered into the United States service. Mr. Hutchinson with l\1r. Padgett. · Inasmuch as a colleague of mine is going to cover the ques l\fr. Frothingham with l\1r. Campbell of Pennsylvania. ti<>n, I shall not take the time to go into the history of the l\1r. Kreider witb Mr. Riordan. service of these organizations in detail. The report which I l\Ir. Knight with l\fr. Tague. had the honor to ubmit to this body is quite eaborate and con 1\1r. Snyder with Mr. G1·iffin. tains an elaborate statement of the character and importance of l\fr. Winslow with Mr. Byrnes of South Carolina. the service which they rendered to the Union cause. In the Mr. Butler with l\Ir. l\Ioore of Virginia. State of Missouri there were, as I recall it now, 110,000 of these l\1r. Funk with Mr. Goldsborough. militia soldiers. In the State of Kentucky there were 75,000. Mr. Griest with Mr. Kitcbin. I believe that there was some foundation for the statement l\fr. Lee <>f New York with l\1r. Harrison. made by our deceased beloved colleague, former Speaker Mr. LA.i GLEY. Certainly. man who ever served the Government, and once on the floor of l\Ir. RAKER. What does this language mean: "Under the this House I made the statement that I would favor a law giving command of United States officers during the Civil War, and a pensionable status to every soldier if he served the Govern who actually rendered such service for a period of 90 days or ment for only one day. I think the gentleman has said that he more in any of the said military organizations during said would like to see the time reduced to 90 clays, although he. has war? " When did that period end, and would it apply to these not yet mentioned the minimum that would be satisfactory to • pensioners? him. For myself I would be satisfied with the service of one 1\Ir. LANGLEY. It applies to any service rendered during day. My suggestion was not favorably received by the House, the Civil War. but it struck a responsive chord in the hearts of many soldiers, 1\Ir. RAKER. When did it end? as can be shown by letters in my possession. l\1r. LANGLEY. I think it has been officially determined Mr. LANGLEY. I think we ought to do everything in our that the Civil War ended on April 9, 1865. There were portions power for the man who served our Government any length of of the country where belligerent conditions existed longer than time, but the gentleman understands the difficulties. I would that, but that is the date, I think, that has been officially not like to see an amendment adopted to this bill which would determined by the Secretary of the Interior and by the courts reduce the minimum service lower than that provided in exist as the end of the Civil War. ing law for regularly enlisted soldiers, because it would jeopard Mr. ANTHONY. Will the gentleman yield? ize the bill. Mr. LANGLEY. I will. Mr. WOODRUFF. Would the gentleman be opposed to an Mr. ANTHONY. In regard to the service provision the bill amendment that would make it possible to give a man a pen reads " 90 days or more in any of the said military organiza sionable status who had seen a combined service of 90 days tions." That term refers to the military organizations. under militia officers and Federal officers? I think if the gen l\1r. LANGLEY. Yes. tleman would agree to that it would put the militiaman upon Mr. ANTHONY. And it means that they must have served the same basis as the Regular Civil War veterans, which I 90 days in a military organization under command of Federal think should be done. officers. Mr. LANGLEY. The gentleman will understand that while Mr. LANGLEY. They might have served in different organi I am the ranking member of the' committee, I am speaking only zations and the total service amount to 90 days, which would as an individual, and I would not at this stage of the proceed give them a pensionable service. ings care to agree to any amendment of that kind without con Mr. ANTHONY. I understand. During the Civil War, dur ferring with the other members of the committee. ing Price's raid up into northwestern Missouri, the Kansas Mr. WOODRUFF. I am sure that if the gentleman would Militia was called out and participated in the battle of West agree to that none of the other members of the committee port and served, some 30 days and some 60 days, and rendered would object. valuable service. They had 90 days' service in the orgapiza l\.fr. LANGLEY. I am afraid the gentleman is exaggerating tion but only 30 or 60 days under command of Federal officers. the influence of the gentleman in charge of the bill, but per Mr. LAl~GLEY. They would not come, I think, under the sonally I see no objection to the amendment he suggests. provisions of this bill. Mr. CHINDBLOM. l\1r. Chairman, will the gentleman yield? Mr. ANTHONY. I think they ought to. Mr. LANGLEY. Yes. Mr. LANGLEY. So do I, and I wish to· say that if I had l\lr. CHINDBLOM. Did these men render service to the my way about it I would reduce the time to less than 90 days. Union cause under militia officers, or· was their service to the It is a question of how far we can safely go, as the gentleman Union cause rendered while they were under the control of knows, and get the bill through. Federal officers ? Mr. ANTHONY. I hope the language will be made abso Mr. LANGLEY. They were under the general control of -lutely clear. Federal officers. That is the limitation included in my bill. l\.fr. LANGLEY. That will come up in the consideration of Mr. CHINDBLOl\1. So that the militia service which they the bill under the five-minute rule. The gentleman understands may have rendered was not a war service at all? the difficulty that those who believe in liberal pension legisla Mr. LANGLEY. Oh, yes; most of them served in the State, tion have to encounter. I started to say a moment ago that the but many of them went out of the State, and I know a number saddest thing about this matter to my mind is that the Govern of cases in Kentucky where they went down South and ser•ed, ment has waited so long before doing justice to these old fel but others who remained in the State took the place of those lows-which I am sure this body is going to do them to-day who had to go out of the State. that they are nearly all gone. Of the 110,000 of the Missouri Mr. CHINDBLOl\1. Did those in the various States render Militia and 75,000 of the Kentucky Militia, practically all of war service? them have passed across the river. I do not believe--of course l\1r. LANGLEY. Unquestionably they did, and the purpose of it is impossible to determine it accurately-but I do not believe this bill is to recognize that service. In a great many of the there will be more than 1,000 or 1,200 beneficiaries in the State Southern States, including Kentucky, they have passed bills of Kentucky. pen ioning Confederate soldiers. I have no objection to that; The gentlemen representing the State of Missouri can speak but here are these militiamen in the State of Kentucky, for of the situation there, but I do not believe there will be over example, who rendered the same kind of service for the Union l,500 to 2,500 in that State that will be benefited by this bill. cause that these men on the other side rendered for the Con Of course, a great many who will come under this bill have federate cause. Yet the latter are receiving a pension and drifted into other States, and they are expecting their Congress the former are not, but they help to pay the Confederate pen man to help pass this bill for them. The record of this bill is sions. I think that is an indefensible condition of affairs. evidence, to my mind, of the truth of the old saying that re Mr. RAKER. Could the geptleman tell us what action Con publics are sometimes ungrateful. gress took relative to the militiamen during the War of 1812? I am glad to find what seems to be a practically unanimous Were they given a pensionable status? sentiment in doing justice to these old soldiers and their widows, Mr. LANGLEY. I do not recall. A number of years ago I and I have every reason to believe that this bill when it reaches delivered an address on the historic phases of the pension another body will be pa sed with no opposition. system, going back to the beginning, but that is a good many Mr. HARDY of Colorado. Mr. Chairman, will the gentleman year:s ago, and I confess that I do not recall exactly all the yield? details. Mr. LANGLEY. Yes. Mr. CLARKE of New York. Can not the gentleman from Mr. HARDY of Colorado. What is the amount of pension to Kentucky furnish the gentleman from California with a copy be gi v~n them ? of that speech? l\Ir. LANGLEY. They are to be given the same rate of pen Mr. LANGLEY. Yes; I would be very glad to do that, if he sion under the same conditions as existing law, the act of May wishes it. 11, 1912, and if there is any doubt about the act of May 1, 1920, l\lr. RHODES. l\1r. Chairman, will the gentleman yield? applying to their cases, I am authorized by the committee to Mr. LANGLEY. Yes. offer as a committee amend.me t a provision to include the act Mr. RHODES. I would like to answer the question of the of May 1, 1920. gentleman from California. Mr. ROSE. Will the gentleman yield? Mr. LANGLEY. I yield to the gentleman from Missouri for l\Ir. LANGLEY. Yes. that purpose. Mr. ROSE. I was very much pleased to hear the gentleman Mr. RHODES. I desire to an. wer the question asked by the say that he is opposed to a minimum service of 90 days. I gentleman from California. I have 1·eviewed the history of all have always been in favor of a very liberal pension to every pension legislation in the United States; and the militia soldier 8486 CONGRESSIONAL RECORD-HOUSE. JUNE 9, of every war, f rom the IleYolutionary War down to the Civil found worthy. The effect of this law caused muc friction War, has always !Jeen given the same status that the Regular between the legislative and judicial branches of the Govern wa glYen. ment. l\Ir. LANGLEY. I am glad to have my friend give the gentle John Jay, then Chief Justice of the Supreme Court, in pass. man from California the information he desires. ing upon an application for a writ of mandamus relating to • l\Ir. Chairman, I reserve the balance of my time and yield a certain claim for pension under the act of 1792, in refusing five minutes ·to the gentleman from Missouri [Mr. RHODES]. the writ declared with great boldness the independence of the l\Ir. IlIIODES. Mr. Chairman, I am pleased to support the judiciary as a distinct and coordinate branch of government. bill H. R. 211 and hope to see it become a law without delay. Congress soon repealed this act and created other methods by The first bill I introduced when I came to Congress in 1905 which proof was to be made. provided for a pensionable status for the militia soldiers of Mis .April 10, 18{)6, Congress enacted its first general and most souri that cooperated with the Union Army in suppressing the liberal invalid pension law. The act provided pensions for all War of the Rebellion. I have had a similar bill before each ses volunteers, State troops, and militia forces who served against sion of Congress since that time during my term of service and the common enemy in the Revolutionary War. To this act I have now a similar bill-H. R. 2257-pending. This bill seeks invite your special attention for two particular reasons: First, to extend the provisions of the pension act of May 11, 1912, to it provided specifically a pensionable status for the militia all loyal militia organizations in the United States that actu soldier and established a precedent for recognizing his services ally rendered military service under the command of Regular along with other loyal soldiers. In the second place, the result .Army officers in suppre ~ sing the War of the Rebellion. Because of this act was that regulations were established for the first of the unique position Missouri occupied during the Civil War time in the history of our country providing that an increase we had a large number of these loyal militia soldiers in ou:r of pension might be granted by Congress in cases where justice State. While Missouri strongly sympathized with the South, demanded; in other words, that Congress might gl'ant special yet she never seceded from the Union during that great struggle pension bills. from 1861 to 1865. I therefore wish to review the part our The important point I wish to make in this connection is, the loyal militia soldiers of l\fissouri took during the Civil War in militia soldier of the Revolutionary War was placed upon the pre erving the Federal Union. However, before doing so I same plane with the volunteer and the regular, and with them wi h to give a brief resume of the history of pension legislation given a pensionable status. By act of Congress approved .April in the United States. 24, 1816, Congress enacted an invalid pension law providing Doctor Glasson, in his work on military' pension legislation, pensions for the militia soldiers who served in the United States de.fines a military pension to be- .Army in the War of 1812. A regulal' allowance made by a government to one who has been in Many acts were passed recognizing the militiaman, and by its military service, or to his widow or dependent relatives. general law approved February 13, 1871, the militia soldier of It occurs to me that his definition is so comprehensive that the \yar of 1812 was given a pensionable status. The act con no further proof ought to be required of the soldier claiming the tained the following provision : right to participate in the benefits of pension legislation than to "All surviving officers and enlisted and drafted men, including militia. prove he was in the military service of the United States. Since and volunteers, who served 60 days in the United States service in the the Government bas the right to demand the service of its citi second war with Great Britain" (War of 1812) were given a pension --, able status. By act of March 9, 1878, the act of February 13, 1871, z.en in time of war, it is but right that the soldier be cared for was amended by reducing the minimum service from 60 to 14 days, by the Government in old age and in adversity. I believe the but in other respects was left as in the original act~that is to say, a paying of a pension not only to be a proper act of gratuity, militiaman who fought in the War of 1812 against the common enemy which the world concedes to be right, but the discharge of an for 14 days was given a pensionable status. By act of Congress ap proved January 29, 1887, a pensionable status was granted the militia. equitable obligation. Pensions in our country by various acts soldier of the war with Mexico, and contains the following provision : of Congress have been classified as " invalid pensions " and "All surviving officers and enlisted men, including marines, militia, and "service pensions." volunteers, who served 60 days in the Army or Navy of the United An invalid pension is one granted the soldier on account of States in the War with Mexico shall be entitled to pensions." wounds or injury received or disease contracted in the military Now, Mr. Chairman, I have cited a few of the many instances service. .A service pension is one granted the soldier who has which show the militia soldier of every war through which our been in the service of a specified length of time, without regard country has gone, except the great Civil War, has been recog to the question as to whether or not he incurred injury or dis ·nized and given a pensionable status. The period of time1 how ability in the service. Our country at various times has granted ever, from the close of each war to the date of the various acts both invalid and service pensions to its loyal soldiers. The act having varied from 23 to 56 years. of May 11, 1912, partakes of both the invalid and service pension From the close of the RevolutiQnary War to the enactment featm·es. of the first general militia pension law was 23 years. From The policy of our Government to grant liberal pensions to its the close of the War of 1812 to the enactment of the first general loyal soldiers is older than the Republic. The :first general law which gave a. pensionable status to the militia soldier of pension law written upon the statute books in the United this war was 56 years, and from the close of the Mexican War States was enacted .August 26, 1776. The law was consistent to the enactment of the general law giving a pensionable status with the colonial system of pension legislation which had been to the militia soldier of this war was 39 years. It has now practiced in the New World for more than a century. It pro been 57 years since the gallant Lee surrendered himself and vided half pay for life or during disability to every officer, what remained of his once proud army, on the 9th day of .April, soldier, or sailor who lost a limb in any engagement, or being 1865, at .Appomattox Courthouse, to the invincible Grant. so disabled in the service of the United States as to render Has not the time fully come when we should recognize the him incapable of earning a livelihood. The first colonial pen service of the militiaman of the Civil War? To the many great sion law was enacted by the Pilgrim Fathers at Plymouth in and beneficent acts of the United States thus far achieved in 1636, and it was the first pension law enacted in .America. Its the present century, let us add the recognition Of OUl' militia provisions were very similar to the act above mentioned and soldiers. contained these words : The loyal militia soldiers of Missouri were called into service Every man who shall be sent forth as a soldier and returned maimed by virtue of a special agreement entered into between Presi shall be maintained competently during his life. dent Lincoln and Governor Gamble, of Missouri. These organ You will observe the right of the Government to demand the izations are known in the official war records as " Militia of service of its citizen in time of war is clearly set out in this Missouri," and of this militia force there were many militia language, as well as the duty of the Government to maintain organizations. These war records were completed and pub its dependent loyal oldier. Washington was a strong advo lished in 1902 under Elihu Root, then Secretary of Wa , and cate of pension and advocated a policy so broad and liberal are unquestionably authentic. These .militia forces were under as to bring within its provisions all Regulars, volunteers, and command of Regular Army officers, and that they rendered militia force , the only requirement being that the soldier must substantial service in suppressing the War of the Rebellion have fought against the common enemy in defense of his there can be no question. country. By act of Congress dated March 25, 1862, the then existing Formerly pension laws were more liberal than now. March pension laws were extended to the Missouri Home Guards, one 23, 1792, a law was enacted providing that judges of courts of of the militia organizations that was not mustered into the record-State, Territorial, and Federal-were authorized to Regular Army. take testimony supporting the claim of a soldier for pension. By special act of Congress, February 15, 1895, the Provisional Th~ judge thus taking the testimony was then re.quired to Missouri Militia was also given a pensionable status. Just why transmit the same to the Secretary of War, whose duty it was the Enrolled Missouri Militia, the six-months militia, the pro to enter the name of the applicant upon the pension rolls if visional enrolled militia, the Missouri l\filitia organized under 1922. CONGRESSIONAL RECORD--H01JSE. 8487 . Mr. RUCKER. Mr. Chairman, I yield 15 minutes to the the Department of Justice until the charges under which the Attorney gentleman from Georgia [l\1r. LARSEN]. c?re~~:r:Je~~es are fairly and fully investigated, not excused or jgnored l\Ir. LARSEN of Georgia. l\Ir. Chairman, I ask unanimous consent to revise and extend my remarks. Mr. LARSEN of Georgia. l\fr. Chairman, the action of the The CHAIRMAN. The gentleman from Georgia asks unani- Att:oz:ney General and his detectives in tl'ying to arrest l\fr. rnou · consent to revise and extend his remarks. Is there ob- Ph1lhps appears to me to be as nonsensical and ludicrous as jection? [After a pause.] The Chair hears none. the answer of the mountaineer who went down to the seaside to Mr. LARSEN of Georgia. l\1r. Chairman, the late war, so spend a week end. When he got down there he met a lady far as I am concerned, coined a new word, "camouflage," but it who inquired of him, "Have .,...ou come down for the week remained for the present administration, and particularly the end?" To which he replied, "No, madam; I have stomach Attorney General, to show its practical peace-time application. trouble." • To my mind one of the most farcical performances which this Mr. Chairman, it must be apparent to every-0ne that the country has ever witnessed· was the pretended el'l'ort made by arrest of John L. Phillips was staged with the view of obtain the Attorney General and his apparently dumb detectives to ing as much newspaper publicity as possible. arre ·t John L. Phillips, the Republican referee for Georgia, The public was well prepared in advance for what the At on Saturday and Sunday last. It will be recalled that Phillips torney General did. For several days we were told that a surrendered in Washington Monday afternoon. great sensation was in store for the public; that some promi- It is not definitely known whether he came fro\i his home in nent official wa. going to be prosecuted, and prosecuted without Philadelphia on that day for the purpose of enabling detectives glove . These reports emanated from the Attorney General's to perfect the scheme of a fake arrest, in accordance with pre- office. and were published throughout the States. Of course, conceived plans of the distinguished Attorney General, or we did not know who this great public official was. We never ·whether it was for the purpose of quieting newspaper publicity. suspected, and we had no reason to suspect. But what hap- It is practically certain, however, that so far as the Attorney pened? "The laboring mountain must bring a mouse," o it General is concerned the whole scheme was for the purpose of turned out that a Republican, away down in Georgia where di\-erting public attention from charges that were being made there are no other Republicans to be offended where there through columns of the press against himself. If you please, for exists no Republican Party and never will, had been arrested. the purpose of creating a smoke screen between the Attorney Of cour e, he was to be arrested as a part of the program General and the public while a breastwork of deception could not for the purpose -0f prosecution, I fear, but for the irnpl~ be erected to shield him from the uncomfortable darts of criti- and sole purpose of diverting public attention from the At- cism hurled at him from every quarter of the country. torney General. · Yes; the performance of the Attorney General and his so- The Attorney General had promised u some days before, called detectives was a very remarkable one. It will certainly according to reports appearing in the press, that he would start live in history. It reminds me very much of the name given out on a prominent Democrat. Oh, yes; we were prepared to one of Shakespeare's plays, entitled "l\Iuch Ado About along that line as a camouflage for the performance pulled off Nothing." on Republican l?hillips. In this connection I desire to say that in my judgment every The CHAIRMAN. The time of the gentleman from Georgia cilizen of this country who attempted or intentionally defrauded has expired. bis Government during its participation in the recent World Mr. LARSEN of Georgia. I wish the gentleman from l\li - War is morally and at heart a traitor, and deserves to be hanged souri would yield me five minutes more. higher than Haman. l\fr. RUCKER. I yield to the gentleman five minute . It is not my purpose to protect l\Ir. Phillips or anyone else. l\lr. LARSE~ of Georgia. The Attorney General would have If l\lr. Phillips is guilty, he should suffer the penalty of the law, it appear that Phillips had been seen in the District Building. and if others are guilty, they should suffer the everest peu- where the grand jury is investigating war fraud , everal dn> alties that can be legally imposed. But, Mr. Chairman, it is previous and that he had fled the country to avoid arrest. • my purpose at this time to call attention to what I belie-ve is a In thi connection we should remember that on Thursday of scheme of the administration, especially of the Attorney Gen- 'la t week the Rules Committee of the Hou e rescinded it era!. not so much to prosecute l\1r. Phillips as to shield himself action favorably reporting the Woodruff resolution _Providing from the public criticism that is being so well and fearlessly for a congressional investigation. The distinguished chairman directed against him. I doubt whether Mr. Phillips will ever of the committee, after carrying the rule around in his pocket be pro ecuted. I doubt whether he will be indicted. I doubt for several days, if not for weeks, without reporting it to the wllether it is the purpose or intention of the Department of Jus- House, changed his position on the matter, as did the gentle tice, especially the Attorney General, to indict him. The future man from Minne ota [Mr. SCHALL], and thereby made it impo - alone will determine this question. If he is guilty, I hope he sible for the Congress to order the kind of investigation desired will be indicted, but I doubt whether it was even contemplated by the country, and to which it is entitled. that such should be done. With such an inve tigation the Attorney General would not In my time, Mr. Chairman, I ask that there be read by the be per~tted to direct the scope of the inve tigation, the kind Clerk of the House an editorial appearing in the New York of testimony t11at should _be developed. When the investigation World, under date of June 7, dealing with the precise question was completed the public would feel that no one bad been to which I now address myself. shielded. The CHAIRMAN. The Clerk will read. The Attorney General would not be permitted to direct the Tlle Clerk read as follows: matter i~ any way, and the public, who i , after all, a good judge A PROSECUTION OR A RED HERRI a~ of what is ?r is not ~roper to. be considered in such proceeding ' would be given full mformat10n and opportunity to Eee that no Jobn L. Phillips, chairman of tbe Georgia Republican State com- guilty party escapes justice. mittee. has bPen arrested under warrant of the United States Depart- ment of Justice charging him with frauds in the disposal of unused Mr. CAMPBELL of Kansas. Will the gentleman yield for a Gov rnment war materials ; be bas not been indicted by a Federal question? . grand jury. Mr. LARSEN of Georgia. For a question. DepartmentMr. Phillips of isJustice not alonehas outpaced in declaring its ownor ingrand suspectin!? jury in thatsingling the l\Ir. CAMPBELL of Kansas. What would be the effect of tl1e out !or arrest a Republican politician who bas been attacked on the judgment of the public, for instance, in the Phillips case, floor of the House b~ Representative JOHNSON~ also a Republic~ in whether they decided him guilty or not guilty, whether he had ot·der to draw a red uerring across a fresh ana tempting trail. ·.1:hat trail leads back to the Department of Justice itself, and to its head defrauded or not defrauded, as compared with the result of a Atcornel General Daugherty. It is a much more important trail than verdict of a grand jury? Mr. Phillips can have left, even if all that is charged against him l\fr. LARSEN of Georgia. I understand that the re olutions shall prove true. The whole is greater than it parts; if there is no public confidence in the conduct of the Department of Justice all offered by Mr. WOODRUFF and l\fr. JOHNSON provided for a gen- its works fall into contempt together. eral investigation and not Phillips alone • "ot often in the past .has it J?een po~sible ~o suspect the head ,of l\.fr CAMPBELL of Kansas Or any ~ase tbe Department of .Justice of rnstitutrug criminal proceedings for · ' . · . . · . political purposes; never. perhaps, for the purpose of diverting atten- i Mr. LARSEN of Georgia. As it provides for a. general mves ti~n. ~rom an .Attorney General u?der attack.. The depart~ent has tigation it will satisfy the demands of the public, to know and r.n~1 c1zed as dilatory, as conservative, as. reactionary; but within the understand that the Attorney General who is himself tlnde. limits set by its nature and precedents it has been respected as a.p- . . ' I proaching impartiality and disinterestedness as closely as any simi- fire, has not the opportumty and will not be given the oppor Ia1· agenc_y in_ history. To have su~h a high reputation wrecked, even tunity to cover up testimony that might show the o-uilt of va- temporarlly, is a blow at the prestige of the Government. · ti th h t th . t · W ld e _ . Tbat is the case to-dav · it can not be denied concealed 1' tte rious par es roug ou e coun ry. e wou then knoVI ·or lightened in gravity by' any pettifogging device or diversio~r~~ di the facts as regards Phillips, Jones, and other parties both lay. Nobody can have. nobody will have, confidence in the doings or Democrats and Republicans. 1922. . CONGRESSIONAL RECORD-HOTJSE. ' 8489~ Mr. CAMPBELL of Kansas. Will the gentleman yield fur Mr. CAMPBELL of Kansas. The gentleman has criticized ther? the arrest of Mr. Phillips. Is it the contention .of the gentle Mr. LARSEN of Georgia. I will. man that there is not sufficient evidence to warrant his arrest Mr. CAMPBELL of Kansas. Does the gentleman think the or indictment? public more interested in this sensational investigation by con Mr. LARSEN of Georgia. I haTe indeed been very unfortu gressional committee than in criminal prosecution and any nate if I have so badly failed to make myself understood as the civil action for recovering the property and money? question propounded by the gentleman from Kansas would indi • Mr. LA.IlSEN of Georgia. The purpose of the investigation cate. I have not undertaken to pass upon the Phillips case. is to institute criminal prosecutions. It is not for grand The gentleman heard the testimony in charges made by two stand play. It is for the purpose of seeing that the guilty parties distinguished Members of his own party, Messrs. WOODRUFF and are prosecuted, and the gentleman from Kansas ought t6 know JOHNSON, for both of whom I have a very high regard. Both that fact very well. are regarded very favorably not only by the Members of this l\Ir. BEGG. Does the gentleman know of any case, either House but by the people throughout the Nation. According to under a Democratic or Republican administration, where a that testimony I would. say yes; there is reason for it. I congressional investigation ever resulted in a man going to do not know whether Phillips is guilty or not, but the Attorney the penitentiary? General should not try to obtain cheap publicity by waiting Mr. LARSEN of Georgia. Spall I understand from the ques until a man goes off to Philadelphia., and wheil be should know tion that the gentleman would make the statement that there very well where he went, have detectives running around are none? to fake an effort to arrest him. Whoever heard of trying to Mr. BEGG. The gentleman knows my question. Will he catch criminals and advertise to the public in advance the answer it or will he not? intention to do so? Of course Mr. Phillips could have been Mr. LARSEN of Georgia. I will answer it. Do not be uneasy arrested in Philadelphia, but be arranged his bond and came about that. Does the gentleman mean to make the statement back to Washington to surrender. Such performance will not on the floor of the House that no man whose acts have been shield the Attorney General :H-om the public criticism that is aired by an investigating committee has been sent to the peni being so ably directed against him. tentiary? If he is going to arrest one party, why not arrest all of l\Ir. BEGG. I want the gentleman to tell me what committee them? I want to see not only Mr. Phillips but all the others of either party ever unearthed evidence that sent a man to the who are under charges investigated. I want everyone, as I penitentiary. said at the outset, who has robbed this Government to be pun Mr. LARSEN of Georgia. The gentleman from Ohio displays ished. I desire that everyone who has defrauded the Govern such a lack of common knowledge of the history of this country ernmen t shall be placed under the X ray of investigation. I that I do not deem it proper to answer him, except further than want the public to know who has defrauded the Government to say that many a man who has been under the X ray of con when the investigation is over; that it bas been free of bias and gressional investigation has been sent to Leavenworth. prejudice. We can not expect such result of the Attorney General, Mr. BEGG. Who were they? who himself is under fire. If you will give the House an opportn Mr. LARSEN of Georgia. The gentleman should read a little nity -to vote on the resolutions of either Mr. WOODRUFF or Mr. history. JOHNSON of South Dakota, the country will get the investigation Mr. BEGG. Who were they? that is needed and will know the guilty parties without having lli. LARSEN of Georgia. Let the gentleman read a little his to rely on the say-so of the Attorney Gene1·al, who is him elf tory and then he will be better informed~ in disrepute. [Applause.] :llulhall, of Baltimore, the notorioTu3 Mr. BEGG. It is no answer for the gentleman to make a lobbyist; Martin and l!tamar, of New York, known as the statement like that: He can not produce the evidence, and he "Wolf of Wall Street," were all prosecuted anrl convicted as does not. the result of inquil'ies begun in Congress. Why not uncover Mr. GRAJIA.1.'1 of Illinois. Mr. Chairman, if the gentleman the facts at this time by such method and scatter the cloud will yield, I will say to the gentleman from Georgia that if tbe of suspicion that hangs over the bead of the Attorney General? gentleman from Ohio will read the evidence before the W.ar The CHAIRMAN. The time of the gentleman from Georgia Expenditures Committee he will find evidence that would send has expired. certain gentlemen to the penitentiary. Mr. RHODES. l\Ir. Chairman, I ask unanimous consent to Mr. LARSEN of Georgia. Yes. I am quite sure the gentle extend my remark-sin the RECORD. man from Ohio never read it or he would not have asked the The CHAIRMAN. Is there objection to the request of the question be did. gentleman from Missouri? Mr. Chairman, the public is deeply concerned in this matter. There was no objection. The public desires to know and will not be satisfied with an Ur. LANGLEY. Mr. Chairman, how much time have I re.. inve tigation made under the instructions and direction of the maining? Attorney General, who himself is under fire. The CHAIRMAN. The gentleman has 32 minutes. The CHAIRMAN. The time of the gentleman from Georgia l\:fr. LANGLEY. Mr. Chairman, I yield five minutes to the has expired. gentleman from California [Mr. OSBORNE], the only Member Mr. LARSEN of Georgia. Mr. Chairman, may I have "five of this House who was in the Union Army during the Oivil minutes more? War. [Applause.] Mr. RUCKER. Mr. Chairman, I will give the gentleman five The CHAIRl\f.AN. The gentleman from California is recog minutes more. nized for five minutes. The CHAIRMAN. The gentleman from Georgia is recognized Mr. OSBORNE. Mr. Chairman and gentlemen of the com for five minutes more. mittee, the necessity for the legislation attempted by this bill is Mr. LARSEN of Georgia. Now, I want to call your attention about like this: During the Civil War on several occasions our to another performance. A determined effort bas been made to friends from the South fought their way into the Northern bridle the press of this country. I am sorry to say that it has States, into Pennsylvania, and into all the border States, and not all been done by the distinguished Attorney General, but the some great battles were fought as the result. In the East here P1·esident, the Chief Executive of this country, has in my judg the Battles of Chancellorsville, Antietam, and Gettysburg were ment undertaken to do a thing that Congress itself under the among the most notable. The country was -very much alarmed Constitution is not permitted to do. The Constitution provides about the progress of our southern friends, and the President that Congress shall pass no law that will abridge the freedom called upon the governors of the Northern States for the as of the press, and yet the great Executive of this Government, sistance of their militia. They were called out as regiments of the man who is supposed to execute the laws, criticizes the press State militia for short periods or emergencies, and they got to because it has seen fit to comment upon the various charges gether as rapidly as possible. As a boy I saw many of these that have been made against bis distinguished Attorney Gen regiments leave Northern States for the front during the war. eral. The Attorney General is under fire, and the Chief Execu They were all equipped properly, and were taken South, and in tive criticizes the papers that would dare to speak out and let many instances, and in fact in most cases, these regiments were the people know ; the papers that would transmit to the public regularly mustered into the United States service. . They did the information that is being given day after day in the Con good service and some of them suffered heavy casualties. How gress of the United States regarding his acts and doings. ever, the exigency was so great and the time was so short t hat Wl.lat do you think of that? . in many instances, notably in l\Jissouri, Pennsylvania, and other 11.r. CAMPBELL of Kansas. :Mr. Chairman, will the gentle States, the-y were not so mustered into the United States ervice. man yield? Now, uncler the rulings of the Pension Bureau and under the M.r. LARSEN of Georgia. I will yield for a question. laws no one is eligible to a pension who \Vas not regularly mus- 8490 CONGRESSIO:N \._L RECORD-HOUSE. JUNE 9, tered into the United States service and received an honorable seems to me, l\1r. Chairman, and it eems to the people of the discharge therefrom. The men who belonged to these regiments country that these fe•erish preparations now going on have for that were not mustered in were at an obvious disadvantage, their immediate object the lulling to ·leep of an expectant and I presume that every Member here has had applications for public. That this eleventh-hour con•ersion was not without pensions from members of these militia regiments, and, of its effect upon the compliant Rules Committee of the Hou e is course, they always met the same result. They can not be shown by the action of this committee when on May 31 it met granted under present laws. It is the purpose of this bill to and rescinded its former action in favorably reporting the place those regiments that were not mustered in upon the same Woodruff-Johnson resolution calling for an investigation of the •• footing as those that were mustered in, where they served under War and Navy Departments expenditures, the Alien Property United States officers. They will be subjected to the same re Custodian's office, and the Department of Justice. strictions as those now applied to those who were regularly To !:!how that an investigation by a select committee is as mustered in and also to those who were in the regular national necessary to-day as it was two months ago, I propose to dis sen"ice. That is, they must haye had 90 days' service under close bY submitting a few additional facts. An investigation United States officers. There are now thousands of surviving by a congressional committee must necessarily be of a non soldiers who did not serve the full 90 days,. and they are in partisan character, as such committees are made up of mem eligible to pensions. It will not make anyone eligible to a pen bers of both parties. The members of these committees are sion who failed to serve 90 days, and its only purpose is to put or should be held responsible for their actions in all things by these men who failed to be mustered in, through no fault of their constituent , and in a matter so closely touching every their own, on an even footing with those who were regularly fireside of the Nation any member would write his political mustered in. That is the sum and substance of this bill. It is death sentence were he to do other than give to this work the a worthy bill and it ought to be passed. · very best that was in him. The CHAIRMAN. The time of the gentleman has expired. The hearings would be open to the public, and the news Mr. RUCKER. I yield 10 minutes to the gentleman from papers could be depended upon to carry to every corner of the Michigan [Mr. WOODRUFF]. country the facts developed. · A real investigation of any of Mr. WOODRUFF. Mr. Chairman, I understand that while I these cases bas in the past and would in the future produce was temporarily absent from the Chamber the gentleman from eyidence leading to other cases. As an illustration I will cite Georgia [Mr. LARSEN] discussed the J. L. Phillips case about the experience of Capt. H .. L Scaife, who was retained by the which we have seen so much in the papers in the last few Department of Justice to investigate the air contracts and who days. It will be remembered that Mr. Phillips was the moving resigned when he became satisfied it was not the purpose of the spirit in the firm of Phillips & Stephens, the firm which Attorney General to permit the Department of Justice to func handled the sale of surplus lumber for the Government follow tion in the war fraud cases. In making his investigations ing the war. It will also be recalled that in referring to this he found evidence which took ·him into other fields, and he de case Mr. Ernest C. Steward, of the contract audit section, said veloped fraud in connection with the Alien Property Custodian in a memorandum to his superior officer : Office, the Shipping Board, the Ordnance and Quartermaster "Although over 15,000 contracts have been investigated and Departments of'the 'Var Department, and the sale of surplus audited by our office, it can be stated beyond argument that war stocks. A real investigation, whether by the Department the contract in question is one which for criminal ingenuity is of Justice or a committee of Congress, would have similar surpassed by none." results. It must not be forgotten that this same J. L. Phillips was, I believe the people of the country demand tl.tat every man according to the Government auditors, guilty· of defrauding the guilty of fraud in connection with war contracts be brought Government out of more than $1,800:000, and while this sum to the bar of justice, and this can not be done without a most is small as compared to those involved in some of the other thorough and searching investigation. To show no such pro war frauds, yet it is rather a tidy sum, and if it is recovered, cedure is proposed by the Attorney General, notwithstanding as it can be, it will help materially to meet the deficit which his very recent display of activity, it is only necessary. to quote the Secretary of the Treasury says is facing us. from a statement he recently gave to the press. It is in part I hope the Department of Justice is not going to adopt as follows: as a permanent policy the course pursued in the case of It is not until the audit comes from the department where the mat J. L. Phillips. Last Sunday morning's Times published an ter originated that the Department of .Justice has any jurisdiction in article with a heading 2 inches high across the top of the front the premises. The department has not the right to go to any other department of the Government and examine or audit its books or its page stating that Mr. J. L. Phillips was about to be arrested. claims. It seems they had not found him yet, notwithstanding the fact that he was known to have been in Washington for several Clearly this does not indicate the searching investigation weeks at least. I say I hope this is not going to be the per called for bY existing conditions. Instead it bespeaks a deter manent policy of the Department of Justice, because if they mination to investigate and prosecute only those cases officially pursue this particular method of bringing culprits to justice brought to the Attorney General's attention by the several de it will probably result in a whole lot of them getting out of the partments. Crooks on the outside could not long successfully country before the officers of the law can finally overtake them. perpetrate frauds upon the Government without the connivance I want to say, however, that in this particular instance I do not of crooks on the inside. Many of the men in the departments think any damage was done, for the reason that one week who handled these war contracts are still in these departments, before this item was published in the press of Washington it and it is safe to say that none of those who are guilty will be came to me through three different and very reliable chan stir themselves to bring their culpability to the attention of the nels that Mr. J. L. Phillips had stat~ to some of his inti prosecuting power of the Government. mate friends that conditions had become such on the hill that During the past two months in my speeches on the floor he probably would have to be indicted, but that it would not I have cited case after case which have lain in the archives of go any further than that. I want to notify the Department of the Department of Justice for periods of time ranging from one Justice here and now, and I want to notify the Members of month to more than a year without a step being taken to pro Congress, that under the circumstances the J. L. Phillips case tect the public interest and to bring the guilty to justice. Not is one in which I am taking a great deal of interest, and I one charge I have made has been refuted. They ha Ye not even shall watch the development in that case Yery, very carefully. been denied. Mr. Chairman, during the past month there has been a most Notwithstanding the fact that many months ago the Attorney belated but nevertheless a very feverish attempt upon the part General was UF-ged to ask Congress for funds to carry on this of the Attorney General to whip into shape an organization for work, he neglected to do so until after the gentleman from the prosecution of the war grafters. One ex-Member of the South Dakota [l\Ir. JOHNSON] and I had called the attention House and an ex-Member of the Senate, as well as a sitting of the country to the deplorable conditions existing in the Member of the House, have been retained to assist in this work. Department of Justice. Now, in bis endeavor to conYince the Other eminent members .of the legal profession have been re public he means business, he has gathered around him some tained. Invitations to participate have been extended to still men in whom I have confidence and some in whom I have not. other emiJJ,ent members of the bar. And it is announced that The conditions would not be different were they all men of 50 rooms have been engaged •in a building in Washington to whom the entire country would approve, for no matter what house these prosecutors. their qualifications, no matter how enthusiastieall:r they may All this has been done after 14 months of inactivity upon the enter upon this work, they are only subordinates, and as such part of the Department of Justice. It has been done since must obey the instructions of the man who for 14 long months .April the 11th, the day upon which in a speech in the House has failed to bring to the bar of justice one single war grafter I threatened the impeachment of the Attorney General if he did and who still reserves to himself the power to say who shall not promptly do his full duty in regard to these cases. It and who shall not be prosecuted. 1922. CONGRESSIONAL RECORD-HOUSE. 8491 Tlte action of the Rules Committee in rescinding its action out belated justice to them. I am glad that this bill is under takes from the House the power to say whether it desires a consideration, and I hope that it will receive in this House a thorough cleaning up of this putrid mess. It takes from the vote that will in pire the Senate to prompt action when the bill membership of the House the right to go on record in this gets there. vitally fundamental matter. It takes from the people whom Mr. Chairman, in the course of my experience I have learned you gentlemen represent the representation which is theirs facts which are doubtless familiar to many other Members on under our Constitution and laws, and it will not be counte this floor. A soldier may have served 60 days in the Army of nanced by the American people. And, Mr. Chairman, I wish the United States as an enlisted man. He may have served 30 to prophecy again that when the Members of the House return days in the militia organization also, serving his country all to their constituencies and have the opportunity of discussing the time; but his Army service was only 60 days, and therefore this question with their people they will come back here for he is not pensionable under any statute we have. This bill the December session with a determination to get to the bottom ought to be amended so as to combine his militia service with of this mess. They will come back here con>inced that a con his service as an enlisted man. gressional investigation is the only thing which will do the Mr. BEEDY. Mr. Chairman, will the gentleman yield for 'York in the way it should be done, for such an investigation, a question? properly conducted, "ould produce the evidence in practically Mr. RUCKER. I yield to the gentleman from l\faine. all the war fraud cases, and an aroused public opinion would l\1r. BEEDY. How many men will be affected by this bill? force the hand of m-en a reluctant Attorney General. [Ap Mr. RUCKER. Very few, comparatively. plause.) Mr. BEEDY. Has the gentleman any estimate? 1\lr. KING. Will the gentlemR..ll yield? Mr. RUCKER. No. ~fr. WOODRUFF. Certainly. Mr. BEEDY. .Are there 5,000 or 500? Mr. KING. Would not the gentleman think that a congres Mr. RUCKER. I think 15 or 20 years ago it was e timated sional investigation would be advisable if it should appear upon that there were five or six thousand in the State of 1\fissouri, inn~stigation that men who had been engaged in this crooked which I believe has about as many as any State. They all re business since the war were being assigned by the War Depart side in two or three States. ment to as ist some of our good friends who have been em Mr. LAl~GLEY . When we reported the bill four years ago ployed as attorneys to conduct these prosecutions? it was estimated that Missouri, Kentuch"Y, and the remainder l\fr. WOODRUFF. Of course the investigation is necessary, of the States would furnish about 2,000. for all those facts are known and other facts equally reprehen Mr. RUCKER. Like the other Civil War soldiers they are sible will be shown by proper investigation. dying rapidly. The amendment I propose to offer is in line 3 Mr. Chairman, I ask unanimous consent to extend my re on page 2. marks by inserting in the RECORD a letter mailed on May 6 to The bill now reads: "in any of the said military organiza the Attorney General by the gentleman from South Dakota tions during said war." I want to add to that, " or partly in [l\1r. JOHNSON] and myself. We have had the same experience such military organization and partly in the military for~es of in ou~ correspondence with him as have other Members of this the United States," so that the several services may be com body-we have had no answer to our letter, of which the follow bined. ing is a copy : Mr. LITTLE. Will the gentleman yield? WASHINGTOX, D. C., May 6, 1912, l\1r. RUCKER. I will. Hon. HARRY M. DAUGHERTY Mr. LITTLE. In the line aboYe that it says, " who actually Attorney Gene-ral, Washington, D. 0. rendered ·uch service for a period of 90 days or more." I DEAR SIR: In the New York Times of May 5 you are quoted as fol lows: have prepared an amendment which I thought I would offer " There is little of interest to be said in regard to the articles appear striking out the word " such," so that it will read " who ing in the newspapers regarding the discussions in the Senate and else actually rendered service for a period of 90 days or more." where constituting an attack upon the administration and naturally an attack upon the Department of Justice. This may be expected from l\fr. RUCKER. That is the same thing as my amendment. time to time. l\fr. LITTLE. Mine simply strikes out one word. " The real people behind this movement, aside from the partisans l\lr. RUCKER. Mr. Chairman, I ask unanimous consent to interested, have not yet shown their hands or their heads. Their activi ties are well known and their purposes are well known. In due time extend and re>ise my remarks in the RECORD. it will all be revealed." Tlle CHAIRMAN. The gentleman from Missouri asks unani And in private conversation with us you gave the same intimation. mous consent to revise and extend his remarks in the RECORD. If it is true that any individual, or combination of individuals in the United States or elsewhere is attacking you for personal or political Is there objection? reasons, the facts in the case should be given to the public and all fair There was no objection. minded citizens will espouse your cause. Neither of us has received Mr. RUCKER. Mr. Chairman, how much time remains? any intimation or knowledge from any source of any such unfair attack except through the news report above quoted. The CHAIRMAN. The gentleman from Missouri has 18 At this time we wish to assure you that if the facts showing such minutes remaining. unfair attacks are presented to us, and it can be shown that for per Mr. LANGLEY. Mr. Chairman, I yield 15 minutes to the sonal or political reasons an attack is being made upon you or the Department of Justice, which would be in fact an attack upon the gentleman from Missouri [Mr. HAYS]. Government of the United States, we will be the first to come to your Mr. HAYS. Mr. Chairman, the bill now under consideration, defense. If you have information such as has been intimated, we feel H. R. 211, and reported as the Langley-Hays bill, proposes to that you owe it to yourself, the Department of Justice, the administra tion, and the Government to place these facts before the Congress, and give a pensionable status to the members of the enrolled militia we tender our services for that purpose. and their widows or dependent children. Where these State Very respectfully, troops served under Federal officers for 90 days or more in ROY 0. WOODRUFF. defense of the Union and were honorably discharged, it is pro ROYAL C. JOHNSON. posed that they be accorded the same pension privileges as the l\fr. Chairman, I wish to state for both the gentleman from Federal troops who saw like service. South Dakota [Mr. JOHNSON] and myself that not once during No one can tell with certain accuracy just how many names our attacks upon the war grafters have we u ed information will be added to the pension rolls by the passage of this bill. given us by other than men who served this country in uniform But one thing is sure: These veterans have been falling year by during the late war. I hardly think the Attorney General will year before the remorseless scythe of time until their number llave the temerity to challenge the loyalty or patriotism of men has been pitifully reduced. According to the best estimate I of this class. [Applause.] can make from the varying sources of dependable information, The CHAIRMAN. The time of the gentleman from Michi not more than 5,000 people are alive to-day who will receive gan has expired. any benefit from the law we propose. When the Civil War Mr. RUCKER. Mr. Chairman, this bill is so obviously just was on the members of these militia organizations constituted and fair and right that I am not going to take time to discuss a considerable percentage of the Union forces ; but old age and it. During the period of time that I have been a Member of disease and the wounds of service through 57 years since the this House every single Member from the State of Missouri, I close of . the war ha-ve exacted an appalling toll from their believe, ha at some time introduced this identical bill or bills ranks. The surviving members of the enrolled militia who will similar to it. Our late Speaker, the lamented Champ Clark, come within the proYisions of the bill, and the widows of their time and time again pressed its passage upon the House. It deceased comrades, will probably not exceed 5,000 persons. has been too long deferred. Personally I know many now liv Of this number approximately 2,500 reside in :Missouri, a.bout ing in my district who ser>ed in these militia or State organi 1,000 are in Kentucky, and the remaining 1,500 are scattered zations. They are divided between the political parties, but are through the other States that made the border line between all good, valiant, brave, heroic men. Many of them are poor the North and the South. and have been waiting and trusting that the Government which Many of the militia soldiers saw later service under reenlist they tried .to serve and helped· to serve would some day deal ment as regulars, and they are now entitled. to pension con- . 8492 CONGRESSIONAL RECORD-HOUSE. JUNE 9, sideration as Federal troops rather than as State troops. Many out under Federal officers and helped preserve the Union. of them rendered valuable service to tbe Union but were not The regular soldiers in the Federal Armies during the Civil attached to any United States organization nor under the com War who were honorably discharged after 90 days of service, mand of any United States officer, and these would not come or who contracted disease or sustained injury in the line under the provisions of the bill. Many of them were in the of duty,, have been eligible to pension ronsideration ·from tbe service less than 90 days and would be barred on that account. beginning. · The additional expense to the Government in meeting the re This bill does not seek to pension every man who joined a quirements of tbe bill will not be large at the beginning, and State military organization. In its scope it is limited to tho e it will rapidly decrease from year to year. These people are who participated and cooperated with the military forces of all old now and not a day passes but some of them are called the United States; it is limited to those who were under the in death. I am sure the total cost of paying these new pension command of Federal officers; and it is limited to those who claims will be small as compared with the present outlay for had the full 90 days of service required of Federal soldiers relief accorded the veterans of our various wars. But the slight who receive pensions. ness or the greatness of the expense constitutes no valid argu These particular State troops fought in the same battles with ment either for or against the· measure. Tbe granting of these the Federal troops ; they were in command of the same officer ; pensions is but a matter of common justice already too long they marched side by side with them ; they encountered the delayed. If it is wise and right as a matter of national policy same foes and endured the same hardships; they showed the to pension needy soldiers who have offered themselves on the same courage and were inspired by the same patriotism. They country's altar in time of national peril, then the members of received the same wounds as their Federal comrades, and many these enrolled militia organizations are entitled to recognition. of them met death in battle or from disease contracted in the Who would challenge the beneficent wisdom of our pension service. l\Iany of them who are yet living have endured more system 7 Who would be willing to abandon the system because than a half a century of pain and discrunfort and disease from of the cost? If the pension system is right, and if the soldiers their exposure and privation in the war. of the enrolled militia rendered the same service as other We are only asking to-day that the beneficent purPoses of soldiers who have been granted pensions, why should their the pension system shall be general in their application. We claims be discredited? What justice is there in paying one ask that the benefit of the pension laws shall not be granted to group and refusing another group whose claims are equally some who are deserving and withheld from others who are worthy? equally deserving. We ask that our Government shall not only From the eal'liest days of our history it has been the policy be generous but that it shall also be just, and that it shall no of our Government to show substantial gratitude to the men longer discriminate against these few surviving white-haired who have fought its battles. Our soldiers of every war have veterans who imperiled their lives and their health to save the been granted liberal pensions. The bill we are considering to Union. day is not a proposal to create a new national policy. It does In support of our contention that the enrolled. militia organi not seek to establish a principle original or unique. The prin zations, in addition to being State troops, were serving the< ciple involved in the bill has been a national policy with us Union cause in the Civil War1 I submit the views of President since the birth of the Republic. General pension laws for the Lincoln. On October 5, 1863, the President wrote a letter to benefit of regular tr0:ops have immediately followed every Charles Drake and others, of Missouri, in reply to a demand war; and a recognition of the State military organizations bas for the removal of General Schofield as commander of the De always come, although in somewhat belated legislation. The partment of Missouri, and in reply to a request for disbanding militia soldiers of the Revolutionary War were given a pen.. the Enrolled Missouri Militia. The letter said: sionable status under the act of Congress of April 10, 1806. The .As to the Enrolled Missouri Militia, I shall endeavor to ascertain militia soldiers of the War of 1812 were given a pensionable better than I now know what is its exact value. Let me say, bo.wever, status under the act of February 13,.1871. The militia soldiers that your proposal to substitute national force for the enrolled militia implies, in your Judgment, the latter i;I doing something which needs of the Mexican War were given a pensionable status under the to be done· and it so, the proposition to thro.w that force away and act of January 29, 1887. While a bill substantially like this to BUpply the place by bringing other forces from the field where they one was pending in the House on June 3, 1918, Champ Clark are equally needed seems to be very extraordinary. Whence shall they come? Shall they be withdrawn from Grant, o.r Banks. or Steel or made a speech upon it. In his opening sentence he said : Rosecrans? Few things have been so gratifyin~ to. my anxious feellng:S This bill ought to have been passed 50 years ago. as when in June last the local force in Missoun aided General Schofield to so promptly send so large a general force to the relief of General And he concluded his remarks by saying : Grant, then investin~ Vicksburg and menaced from without by General Johnston. Was this all wrong? Should the enrolled militia then have If the House wants to do justice long deferred, it ougbt to pa s this been broken up and General Herron detached from Grant to police bill with a whoop. Missouri? So far from finding cause to object, I confess to a sympathy The Constitution o:f the United States vests in Congress the for whatevE>-r reHeves our general force in Missouri and allows it to serve elsewhere. I therefore, as at pret>ent advised, can not attempt right to call into Federal service the State militia or other the destruction of the enrolled mJlitia in Missouri. I may add that military organizations of any State. The act of Congress of the force being under nati001al military control, it is also within the February 28, 1795, which was reenaeted in the last Revised proclamation in regard to the habeas corpus. Statutes as section 1642, and again by tbe act approved Jan (Signed) A. LINCOLN. uary 21, 1903, was construed by a unanimous opinion of the 'l'he Enrolled Missouri Militia served under the command of Sup1·eme Court as vesting in and delegating to the President General Schofield and his successors from 1862 to 1865; they of the United States the authority to call into the Federal were armed and equipped by the United States; they were paid service the military organizations of a State. President Lin by the State of Missouri, but the State was reimbursed for the coln availed himself of this authority very generally in the money thus expended by the act of April 17, 1866. border States. Such State troops as w~re called into Federal A hundred facts might be cited to show that the Federal Gov service were thereafter recognized as regular troops and came ernment recognized the enrolled militia of tbe States as being within the purview of subsequent pension legislation. The Mis in fact, i.f not technically, a part of the forces fighting to pre souri State Militia and the Provisional Missouri Militia, organ sel"\'e the Union. I will not detail further evidence to that end ized under an agreement between Governor Gamble, of Missouri, in this speech but will refer my colleagues to the very compre and President Lincoln, have been given a pensionable status hensive report made by the Committee on Invalid Pensions in under section 4722 of the Revised Statutes; and, by a joint support of the bill. [Applause.] resolution approved February 15, 1895, they were accorded all Mr. LANGLEY. Mr. Chairman, I yield 10 minutes to the the benefits of the pension act of June 27, 1890. But the pro gentleman from Missouri [Mr. ATKESON]. visions of section 4722 afforded no benefit whatever to any . Mr. ATKESON. Mr. Chairman and gentlemen of the com member of the enrolled militia of Missouri, or of any other mittee, I am very much interested in the passage of this bill. State, nor to any similar State organization. l\Iy onJy excuse for inviting your attention for a few minutes Subdivision 3 of section 4693 authorized the granting of pen to a little sketch which I have prepa1·ed is that I conceive it to sions to State soldiers who were wounded in action while serv be an arguinent in favor of this bill. I will not have time to ing under a United States officer, provided such pension claims read it all, but I will read what I think is most interesting at were presented and allowed prior to July 4, 1874. This par this time, and you will readily see what a peculiar interest I ticular piece of legislatfon, however, is not now of any ad have in the passage of this bill. vantage to the ordinary State troops who served with the Mr. Chairman, the bill under consideration, if it becomes a Union Armies. law, will prob.ably affect the lives of more men and women in Except for the law recognizing State soldiers directly called the sixth district of Missouri than in any other congressional into Federal military ervice by President Lincoln, and ex distri<;t in the country. This bill is a tardy effort to do justice cept for the law which became a praetical nullity in 1874, to a patriotic, loyal, and worthy class of men and women, too the American Congres has never enacted a line of pension long neglected. But for the honor of the country it is better legislation or those Yaliant and courageous men who went late than never. During the 57 years which have passed since I• 1922_! CONGRESSIONAL RECORD-HOUSE. 8493 government and the Union forces in the State much trouble. Some of the inC:irlent at Appomattox the long line of the Enrolled Mis these bands observed the rules of warfare ; othet·s took no prisoners, souri l\lilitia men has fallen one by one until now only a few but murdered people and burned and destroyed property without the remain to be blessed by the provisions of this bill. The loyal slightest regard for any government or rules of any kind. They called themselves Confederates. Raids, massacres, and military reprisals fol men known as the Enrolled Missouri Militia men were not bo?'s lowed one another in rapid succession. Neighbors were suspicious or when they were enrolled for military duty in t~1e Sta~e of :Mis each other. Brother was turned against brother. Ilfo ~an was Sl;lfe, and souri in the sixties. l\Iany of them were at middle hfe .then frequently women and children sutiered untold miseries. FeeJrng ran high. Men were almost driven into lawlessness. Many took advantage married men with homes and families to protect; and, md~ed, of the disorder to retaliate personal gn1dges. this was among the reasons for their enrollment and service, In all this strife two disfin<;t kinds of warfare prevailed. One was with the additional duty from time to time to resist and pursue the effort on the part of local Confederate leade1·' to recruit organized bushwhackers, marauders, and in>asions by the regular forces companies for service in the South and get them out of the State. These recruiting etiorts were the cause of many small but desperate of the Southern Confederacy. They were not in the regular battles in the State, because one object of the Union forces was to serYice of the United States, and yet they frequently served prevent such recruiting. The other type of warfare was usually known witll the reo·ular forces of the United States. They were not as 0auerrilla warfare. It consisted of raids, destruction of property, and murders on the part of guerrilla bands, and the efforts of. the required by the terms of their enrollment to go outside the State; authorities to kill or capture these bands. These guerrilla leaders ~ad but within' the St~e they were subject to all sorts of service friends and relatives who aided and often concealed them. The Union defensive and offensive. Their service and loyalty w~re so forces were on the lookout for those who aided tbe guerrillas. Both the guerrilla bands and the Union forces were composed largely of conspicuous that even President Lincoln is on record m ap citizens of Missouri. The hatred and desire for revenge aroused by proYal of the service they rendered in the darkest hours of tlle this local warfare did not cease witb the end of the war. B<>th groups Un~a . engaged in the struggle c.o~tinued to live in .the. St~te. . For t_his reason For some unaccountable reason the brave men who mustered feeling aroused by the C1v1l War lasted as it did m Missouri. and foucrht wbene\er called out in defense of public and private I mention these facts in passing to show the conditions which propert; and to resist and drive out the irresponsible marauding gave the Enrolled Missouri l\1ilitia a lot of exercise in defeD:d forces of the enemy have never been given a pensionable status ing their homes, resisting and pursuing the irregular and. ir under the law, and the great majority of these faithful d.efend responsible enemy, as well as the regular and responsible ers of the Union have crossed over the Styx and now bivo-..iac armies of the Southern Confederacy. It requires no imagina on the other side. Only a· few remain to rejoice over this be tion to see that the Enrolled Missouri Militia, along with the lated act of a Nation's recognition; and with outstretched other loyal army organizations provided for in this bill, endured hands both men and women, all old people, many of them many hardships in defense of the State and the flag of the grandfathers and grandmothers, are asking this Congress Union. to do this act of justice, thereby redeeming, as far as we can, Conditions were so bad in the border counties of Missouri, the long ancl unpardonable neglect of as brave and worthy two of which are in the sixth Missouri district, which I nave soldiers as ever wore a uniform or followed a fla"' for the the honor to represent in this House, that soon after the right, in defense of home and country. . Quantrell raid upon Lawrence, General Ewing issued his cele I have said that probably more of these men and woii;ien re brated "Order No. 11," practically depopulating Jackson, Cass, side in my congressional district than can be found rn any Bates, and Vernon Counties, and they became "no man's land" othel' single district; and I may be indulged a few moments for the remainder of the war. The people were compelled for a brief review of conditions which make_ this statement upon 15 days' notice, except as to a few localities near Har plausible. . • . risonville, Independence, and Kansas City, to go into Kansas The sixth Missouri district was really the frontier battle bevond tlte first tier of counties or back into the second tier ground of the Civil War-frontier both as to place and time. o{ counties in Missouri. In a few weeks after this " Order Lona- before secession had reared its ugly head; long before No. 11," now famous in story and art, was issued the homes the °Confederate States of America were organized at Mont and property abandoned by the settlers was commandeered or gomery Ala. · years before Fort Sumter was fired upon, the reduced to ashes. war in' the West-upon the frontier-known in history as the But enough has been said to give some idea of the faithful "Kansas War "-had raged over the virgi11, flower-bedecked and patriotic service of the Enrolled Missouri Militia. men, and prairies of eastern Kan~.as .and w:e~ter1!. Missouri. , I hope there is no one in this House unwilling to see the few Two counties of my custnct adJom Kansas, and they weie remaining properly recognized by the laws of this great re early involved more or less in the Kansas •'var. Disloyalty united country. flamed up from the unbroken sod everywhere. and it was met Notwithstanding the bitterness and animosity which existed everywhere by a determined l~yalty to t~e Union and freedom. before, during, and for some years after the war, these ex The fierce passion of secession ran not oYer the sparsely Union soldiers and ex-Confederate soldiers are now ne~ghbors settled plains, and in less than 30 days after Fort Sumter sur and friends, living in peace and loYe with one another, holding rendered the Stars and Bars :floated from an hundred-foot each other in mutual regard and esteem. Every vestige of hate flagpole planted in the courthouse square of my home city. and rancor has disappeared; and even what· was formerly re When the Civil \Var actually broke out in 1861 and the irre garded as the fateful State line between Missouri and Kansas pressible conflict was actually on, conditions grew worse and is now only a common highway, and the people residing on worse. The marauders were everywhere in southwest l\1issou~i, either side of it scarcely know it is a State line. foraging upon and terrorizing the loyal people. In north l\hs It is hardly necessary to state that the fierce passions of souri the notorious " Bill" Anderson was marching to and fro, the war are so completely forgotten and forgiven that the destroying property and killing people as it su~ted him and his State bas for a number of years paid the ex-Confederate sol irresponsible organizations. Quantrell and his men marched diers regular pensions; and the last regular session of our out of my district to sack the city of Lawre~ce, K~n~., and legislature, Republican in both branches for the first time marched back into it to scatter to the four wrnds w1thm and since the reenfranchisement of the Confederate soldiers, and beyond it in 1\Iissouri. Hamilton, a soldie~· o~ fortune from the State government Republican in all its branches, appro Georgia and bis men marched out of my district on the 19th priated $275,000 deficif!ucy to pay these ex-Confederates their day of :i\1ay, 1858, only a mile or two over in Kansas, and. com pensions. Now, these men who followed the Stars and Bars mitted what is known in history and song as "The l\1ara1s des and wore the gray, who fought against their neighbors and Cygnes ·Massacre." These were all irregular bands, of whose fellow citizens who followed the Stars and Stripes and wore murderous deeds it is useless now to speak. the blue in spite of the facts of history, are provided for by Then the regular forces of the Confederacy inYaded Missouri tbe Stat~ in some degree; but the men-the Enrolled Missouri under General Price and under General Shelby. Many real Militia men-against whom they marched and fought have battles were fought, nearly all in the western 'nd southwest been ignored and neglected by the Go1ernment whose flag ern part of 1\Iissouri. Colonel Mulligan was captured at Lex they upheld and whose uniform they wore. Can our country iuoton · Siegel was defeated at Carthage; General Lyon was afford to be longer ungrateful or unappreciati-ve of the mere killed 'at Wilson Creek, near Springfield; and a short time remnant of the loyal Enrolled l\Iissouri Militia and the other after at Wilson Creek, just a little way over in Arkansas, 1 loyal organizations provided for in this bill. who defended our was fought tlle battle of Pea Ridge, where the Confederate flag and helped restore our broken country? general, 1\IcCullough, was killed and the splendid army under This bill is a righteous bill, and I feel sure this Honse will him and General Price was defeated, and as a result of the see it in that light. Let us do justice before it shall be eter- campaign ending at Pea Ridge, planned by that heroic patriot nally too late. [Applause.] • and soldier General Lyon, 1\Iissouri was saved to the Union. Mr. LANGLEY. 1\lr. Chairman, I yield to the gentleman I quote from McClure's History of Missouri: from Pennsylvania [l\1r. GER ~ERD]. After the battle of Pea Ridge many of the Missourians engaged in wbh the early campaigns in Missouri on the side of the South retul'ned to l\1r. GERNERD. l\Ir. Chairman. I to state that I am the State. Many of these operated in small bands and gave the State heartily in favor of this bill. In l'enns,rlyania we bad quite 8494 CONGRESSIONAL RECORD-ROUSE. JUNE', a number of regiments that were formed to defend against the Mr. LARSEN of Georgia. Mr. Chairman, will be gentleman. approach of the Confederate Army as it went into Pennsyl yield? vania, and that helped to locate the decisive battle at Gettys Mr. BEGG. I can not yield at this time. I shall yield a lit burg. I ask unanimous consent to extend and revise my re tle later if I can get more than five minutes. The gentleman marks in the RECORD. from Michigan, my good friend, Mr. WooDRi:JFF, has also made The CHAIRMAN. Is there objection? another speech, and you will have to say for that speech, as There was no objection. against the other one, that he does insert some so-called facts in Mr. LANGLEY. Mr. Chairman, I Jtield three minutes to the his remarks. But it is not my purpose to defend the Attorney gentleman from Missouri [Mr. RoAtH]. General. I do not think he needs :my defense. He has always Mr. ROACH. Mr. Chairman, I entertain no doubt but what been able to take care of himself and can now. All appreciate, this bill will be approved by the Bouse. I have no doubt that how~ver, the unfairness of this attack on him at this time, as he it will pass. If there is any delay in the passage <>f this bill, is not permitted to come on this floor and answer his critics. it will be in the Senate and not in the Honse. I hope the press Were he accorded that privilege I for one am sure gentlemen of the country will let the people who are interested in this who are attacking him would not be pe~tted to get away legislation, and who have been interested in it for many years, with such glaring insinuations of misconduct as they are at know who is responsible for the delay, if there is any further present. He is not accorded the same courtesy as is given a delay in its enactment. prisoner at the bar of justice, namely, to be faced by his This measure should have been enacted into law 50 years accusers. ago. I am not as familiar with the history of the splendid, It is not my purpose to· criticize Members of the House be· valiant service that was rendered by the other State organiza cause that is not my prerogative, but I want to call the atten tions that are included in this bill as I am with the history tion of this House to this whole proposition as I see it. When of the service rendered by the enrolled militia and other simi the election was held and the Republicans were sent into the lar organizations of my -0wn State. I do know that as to those conb·ol .of affairs of the Government I looked upon my election organizations in Missouri great credit and honor is due, and this as an authority to come down to Congress and pass laws which bill is meritorious and should be enacted speedily by this were for the best interest of the wbQle country, and when that branch of the National Congress, as well as in the Senate. I same electorate elected a Republican Executive, with his sub hope that the Senate will be spurred into taking prompt action ordinates of his own choosing, I did not interpret that they on the bill, as soon as we pass it in the House, which I con sent me down here to accept or undertake to assume the re-' fidently anticipate we shall do within the next hour or two. sponsibility for the activities of the President's Cabinet. In I ask unanimous consent to extend my remarks in the other words, I mean by that this: The American people, I be RECORD. lieve, have confidence in Warren G. Harding's honesty 100 per The CHAIR1\1AN. Is there objection? cent. [41Jplause.] I believe they 'have confidence in his ability There was no objection. to-day 100 per cent more than they had when they gave him 1'fr. RUCKER. Mr. Chairman, I yield five minutes to the gen 7,000,000 votes of majority, and it surely follows that they must tleman from Kansas [Mr. CAMPBELL]. have some confidence in the acts of his Cabinet, for they logi Mr. CAMPBELL of Kansas. Mr. Chairman, I was more than cally become the President's own acts and responsibilities, and interested in the remarks of the gentleman from Missouri [Mr. up to date again~t whom have the criticisms been hurled? Cer ATKESON], who lives across the. line from where I live. He re tainly not against the executive branch of the Government. vived the stories of the early sixties which have been repeated Mr. WOODRUFF. Will the gentleman yield? in my ears ever since I can remember. When I went to Kansas Mr. BEGG. I can not yield at this time. I will go further the people were still afraid of the l\Iissourians on the Kansas and say I believe the American people have confidence in the side of the line, and on the Missouri side of the line they were acts which are committed by the subordinate officials of Mr. afraid of the Kansans. The Missouri Militia, as well as the Harding, and if they have not that confidence the position I Kansas Militia, were composed of as brave a lot of men as ever find myself in is only one of two things. If I bring myself to fought under any command. They rendered as great service the point where I am willing to assail the acts of Mr. Harding's during the war as any troops that were regularly mustered into administration in an executive way in a year and six months tlie service of the United States. Many of them were sent out after taking hold of the Government I then ought to be in a side of their States. Troops from Missouri and Kansas went position where I am willing to say I am ready to support and down into Arkansas. Troops from Kansas crossed the line help bring about the impeachment proceedings of those men into Missouri to join the R~crular troops and assist them. The because I know they are crooks. I want to ask the men who are acquaintance that I have had with many of these men person assailing the administration officials, if they are willing to send ally has been of such a character as to elevate my estimate of through the mails what they say in this House? the men ·who participated in that great war. The personnel of '.Mr. WOODRUFF. I will say to the gentleman I will do the men in the militia was in no sense inferior to those who that-- were engaged as Regular troops. I am glad at this late day The CHAIRMAN. The time of the gentleman has expired. to see this bill acted upon here, having a prospect of an early Mr. WOODRUFF. If the gentleman will yield to let me an right of way through the House. I hope to see the amend swer, I will tell him I will do precisely that. ment suggested by the gentleman from Missouri [l\Ir. RucKER] Mr. RUCKER. I yield five minutes additional to the gentle agreed to, which provides that the combined service with the man from Ohio. Regular troops or in the militia making a total period of 90 The CHAIRMAN. The gentleman from Ohio is recognized days shall entitle a man to the benefits of the bill. The bill is for five additional minutes. one that has had, as was suggested here a moment ago, consider Mr. BEGG. It is the easiest thing in the world by innuendo ation in this House for many years. I regret that the mere and insinuation to arouse the people's suspicion that there is matter of the numbers involved has from time to time prevented something wrong. As I said in the outset, I hold no brief for favorable action upon it. It has been taought that it was the Mr. Daugherty ; he does not need it. Be is a man of courage duty of the States to make provision for these loyal troops who and conviction, and if he is so culpable and if he is so dishonest served under the States. That has probably resulted in delay as to be guilty of one~half of what has been insinuated against ing action by Congress on this measure. I hope that after its bim, Mr . .Harding and the American people will find it out be passage through the House it will receive early and favorable fore very long. You gentlemen do not need to worry about consideration in the Senate and soon become a law. [Ap that responsibility. You have enough to do to satisfy the people plause.) with your fitness. Mr. LANGLEY. Mr. Chairman, I yield five · minutes to the Mr. WOODRUFF. Will the gentleman yield just there? gentleman from Ohio [Mr. BEGG]. Mr. BEGG. And it would seem to me the rankest travesty l\fr. BEGG. Mr. Chairman and gentlemen of the committee, on my own respectability if I, as a Member of this House, would again we are consuming a couple of hours' time in general de support an administration like the gentleman from Georgia bate on a bill, and the major portion of that general debate is supported the Wilson administration, under which all the crooks not on the subject matter of the bill at all. We are compelled flourished, as he now states, and my own Attorney General to sit here and listen to a discussion of the so-called dereliction served two years without starting a single prosecution, for me of the Attorney General for about the fourth or fifth or six.th now to cry " Stop thief." time. The· gentleman from Georgia [Mr. LARSEN] consumed Mr. LARSEN of Georgia. I do not insinuate, 1 speak out- 20 or 25 minutes in su.ggesting things that the Attorney General right. might not do, and a careful reading of the gentleman's speech Mr. BEGG. And insinuates that the Department of Jus to-morrow I venture the assertion will not discover one single tice has a lot of crooks in its administration from beginning to item of fact. end. 1922. CONGRESSIONAL RECORD-HOUSE. 8495 Mr. LARSEN of Georgia. Will the gentleman yield? The Clerk read as follows : l\fr. BEGG. I can not at this time. Be it enacted, etc., That the provisions of the pension act of May 11 l\Ir. LARSEN of Georgia. I never insinuate anything. I 191_2, and all acts amendatory piereof, be, and they are hereby, extended to mclude the officers and enllsted men of the State militia and other state_ the facts. organizations of the several States of the Union that participated and Mr. BEGG. Tbe gentleman did not state a single fact in his cooperated with the military forces of the United States under the speech. I demanded he furni h evidence of the nru:nes of the command of United States officers, during the Civil Wu and who actually rendered such service for a period of 90 days or more in any men who bave been found guilty and sent to the penitentiary of the said military organizations during said war, and who were hon as the result of congressional investigation. orab1y discharged therefrom or otherwise honorably relieved from duty l\fr. LARSEN of Georgia. I gave tbe gentleman the names. under the order ot proper military authority. These are three--1\fartin, Mulhall, and Lamar. Mr. LANGLEY. Mr. Chairman, I offer the following com. Mr. BEGG. The gentleman answered by asking a question mittee amendment. of the gentleman from Ohio, and now gives the names of three The CHAIRMAN. The gentleman from Kentucky offers a men who were convicted but not because of any activity on tho committee amendment, which the Clerk will report. part of the present critics of the Attorney General. The Clerk read as follows : Mr. WOODRUFF. Will the gentleman yield for just a Committee amendment: Page 1, line 4 after the word "thereof" moment? insert the words "including the act of May 1, 1920." Mr. BEGG. I will yield. Mr. LANGLEY. l\1r. Chairman, just a moment. I offer this Mr. WOODRUFF. I want to ask the gentleman to make it amendment with the authority of the committee, because at the plain to the House that I have not been guilty of aoy insinua time we agreed upon reporting the bill there was some question tion. The things that I bave said are direct charges and not raised as to whether this language, "A.ct of May 11, 1912, and insinuations, and not a thing I have said has been denied. all acts amendatory thereof," would include the act of May 1, l\fr. BEGG. I squared that in what I said at the start. Let / 1920, further increasing the Civil War pensions. In order to be us look at this thing. We went through a war. That war was safe upon it we decided to include this language. ended rea.lly November 11, 1918. The Democratic administra The CHAIRMAN. The question is on agreeing to the com· tion, with a Democratic Department of Justice, was in control. mittee amendment. You went through that administration two and a half years, The question was taken, and the amendment was agreed to. and I was in Congress when we had a Republican investigating Mr. ELLIS. Mr. Chairman-- . committee, with minority men, who took up the facts. The old administration never as much as sent a department offidal Mr. RUCKER. Mr. Chairman, I offer an amendment. to make an investigation to ascertain the truth of any of those The CHAIRMAN. The gentleman from Missouri offers an findings, and, mind you, the Democrats were in power twice amendment, which the Clerk will report. as long as the Republicans up to date. Did you, l\Ir. LARSEN.. , The Clerk read as follows : complain then? You kept still and said " Me, too," every time Amendment offered by Mr. RUCKER: Page 2, line 3, after the word "organizations," insert "or partly in such militia 01·ganizations and the President cracked the whip. partly in the militia forces of the United States." But to stand day after day and insinuate because the Department of Justice within 14 or 15 months has not put Mr. RUCKER. Mr. Chairman, just a moment. The purpose department officials in the penitentiary it means he is a crook. of this amendment, I think, is fair. A great many valiant, good Give him a full rein, and I will say to you that Harry Daugh soldiers served in the State militia probably 30 days under erty, I know, will not quit on the job regardless of the man a Federal officer and then enlisted in the Federal service and accused, but if he is guilty will bring him before the bar of served 60 days or less than 60 days. But the 60 days' service in the organized Army of the United States is not pensionable, justice. He will not quit on the job, whether he is a Democrat or and you can not combine the militia service with it. The pur pose of this amendment is to combine the two, so that if a man Republican. Mr. KEARNS. Will the gentleman yield? served in the militia for 30 days and afterwards enlisted in the Mr. BEGG. I yield. Army for 60 days, those two together would make 90 days and Mr. KEARNS. The gentleman has said that the Attorney entitle him to a pension. General is giving attention to all the men who fleeced the Gov Mr. LANGLEY. I want to say, Mr. Chairman, that I have ernment during the last administration? no objection to that amendment offered by the gentleman from l\1r. BEGG. .All that were ascertainable from the facts. Missouri. Mr. KEARNS. Does the gentleman think that would be The CHAIRMAN. The question is on the adoption of the po sible? . amendment. Mr. BEGG. So far as the facts can be ascertained. The amendI:Jlent was agreed to. Mr. KEARNS. There are so many of them. Mr. C.A.UPBELL of Kansas. Mr. Chairman, I offer an Mr. BEGG. That may be true. amendment. The CHAIRMAN. The time of the gentleman from Ohio [Mr. The CHAIBM.AN. The gentle.man from Kansas offers an BEGG] has expired. amendment, which the Clerk will report. Mr. LANGLEY. I yield one minute more to the gentleman. Mr. CAMPBELL of Kansas. On page 2, line 2, strike out the Mr. BEGG. Now, I would like to ask the whole Congress word " such," so that-- this: Will not the American people have as much confidence in The CHAIRMAN. The gentleman from Kansas offers an the man who is honestly and fearlessly doing his duty, whether amendment, which the Clerk will report. in an executive department or a congressional office? If the The Clerk read as follows : legislative end of the Government will attend to its business str"ikee~~ili! igreJe:t ~~.~!r· CAMPBELL of Kansas: Page 2, line 2, and pass tlle laws and let the Executive run this Government 8 the next four years, we will get out of the chaotic condition the Mr. LANGLEY. The print of the bill I have here con country was dumped into by the Democratic administration tains that word in line 10, on page 1. I see no objection to in the past and will receive the plaudits ·of a grateful people. the amendment. Let me say again to my Democratic friends you can not divert Mr. CAMPBELL of Kansas. I have Report No. 837. the criticism leveled against your party for its dismal failures Mr. LANGLEY. Anyhow, I have no objection. of your administration by crying crook and grafter against the The CHAIR!liAN. The question is on agreeing to the present Republican administration, which bas done more in one amendment. year to right your mistakes than you did in over two years Mr. CAMPBELL of Kansas. I think it should come out. I following the war. [Applause.] think the reading of the bill might be construed that these men l\lr. LANGLEY. Will the gentleman from Missouri yield to must have service under a United States officer. me one minute? l\1r. RUCKER. Well, it does. That was the purpose of the Mr. RUCKER. I yield one minute to the gentleman. bill. Because if they were not serving under United States l\fr. LANGLEY. Mr. Chairman, I have no desire at the pres officers they were not in the forces of the United States. But ent time to enter into the discussion that we have just been the amendment adopted by the committee fixed it in such a listening to. I have every faith that the Attorney General, who way that thiB amendment is not needed, I think. is, I happen to know, a faithful, honorable, efficient officer will Mr. CA.l\1PBELL of Kansas. I feel quite certain that the do his duty in these matters as he has heretofore. But what I amendment will clarify the intent of the bill. am interested in most just now is to get this militia pension Mr. RUCKER. The intent of the bill was to make pension bill through the House and I hope my colleagues will help me able those who served under a Federal officer in the Army do it. I am proud to see so much sentiment for the bill, which during the war for a period of 90 days. was not the case when I began this fight 15 years ago. :Mr. ROA.CH. Will the gentleman yield? The CHAIRMAN. The Clerk will read. Mr. CAMPBELL of Kansas. I yield for a question. 8496 CONGRESSIONAL RECORD-HOUSE. JUNE 9, Mr. ROACH. The word "such," as I read this bill, refers Mr. RHODES. My friend has stated that the purpose of the to the particular military organizations in which these veterans bill was to give a pensionable status to tllose men who cooper had served. ~ted with the Union Army. I would like to ask the gentleman Mr. CAMPBELL of Kansas. Yes. if there were any other conditions under which this service Mr. ROACH. It seems to me that in order to make it read was rendered except under the supervision and control of the properly the word " such " should remain in the bill. It United States Army officers? And if that is true, why is it refers especially to the several branches of the military organi not perfectly proper and wise to permit this provision to re zations in which these men may have served, and it says that main in the bill? " such service," referring back to the military organizations in Mr. ELLIS. I understand there were. other conditions. · I which they served, " shall be recognized by the Government in have always understood, during the 16 years that I have been the payment of a pension." I believe it should remain in there, interested in obtaining legislation on this subject, that there because if it is stricken out, if the word " such " is stricken out, were numerous instances where, in cooperation with the armies it would so cloud the meaning of that language that it might of the United States, some of these militia organizations served be construed to refer to service in the branch of the regular throughout an entire engagement or several engagements under recognized service as having to be 90 days. their own officers. Many of them, of course, in many instances l\Ir. CAMPBELL of Kansas. I fear that if the word "such" served part of the time under Regular officers. I hope this is left in it will be construed to require 90 days' sen-ice under amendment will find favor with the committee. [Applause.] a United States officer. The CHAIRMAN. The time of the gentleman from Missouri Mr. ROACH. That is just what I fear; that it would be con has expired. strued to require that if it were stricken out. Mr. RUCKER. Mr. Chairman, I dislike to put myself ap Mr. LANGLEY. If the gentleman will permit me, in view parently in opposition to any provision of this bill but I must of the language offered by the gentleman from Missouri [Mr. do it, because I am opposed to the amendment offered by my RUCKER], the word " such " ought to be left out. It seems to colleague from Mis ouri [l\Ir. ELLIS]. me it is surplusage. I think we have gone quite far enough in this to provide here Mr. CAMPBELL of Kansas. I think undoubtedly the word for a pensionable status for every man who served in the State should be taken out, becau e it then leaves the reading, "and militia and in the other armies of the United States as much are hereby extended to include the officers and enlisted men of as 90 days. The amendment offered would throw down the the State militia and other organizations of the several States bars and make everybody pensionable who rendered any sort of the Union that participated and cooperated with the military of service. It is one thing to make pensionable a good soldier, forces of the United States under the command of United a brave man, who was loyal to his country. It is another States officers during the Civil War and who actually rendered ~ing-it would be a damaging and demoralizing thing-to pen such service for a period of 90 days or more." That leaves sion men who were members of marauding parties and dis out the word " such." organized bodies who perpetrated all kinds of crimes. It would The CHAIRMA.N. The question is on agreeing to the amend- tend to confuse the public mind in communities where such ment. organizations existed and would saddle on the real soldiers the T.be amendment was agreed to. ignominy of the acts and conduct of those men who did things 1\Ir. ELLIS. Mr. Chairman, I offer an amendment. that I do not care to repeat. I have heard of them, and my The CHAIRl\IA....N". The gentleman from Missouri offers an colleague from Missouri has heard of them. But I am as loyal amendment, which the Clerk will report. to the real soldier as any man. If you put that amendment in The Clerk read us follows: the bill, the bill is doomed. It will never pass. l\fr. Amendment offered by Mr. ELLIS: Page 1, line 8, after tbe word LANGLEY. Is it the gentleman's idea that this will " States," strike out "under the command of United States officers"; greatly widen the scope of the bill? also the comma before and after those words. l\Ir. RUCKER It certainly will. Mr. ELLIS. l\1r. Chairman, my interpretation of this legis Mr. LA.l~GLEY. The mere fact that a man cooperated with lation is that it is intended to confer a pensionable status upon the military forces of the United States does not necessarily tbe officers and enlisted men of the State militia and other mean that he served with those forces. oro-anizations of the several States of the Union that partici l\Ir. RUCKER. Why, if you and I had gone into somebody's pated in and cooperated with the military forces of the United melon patch and taken a watermelon after nightfall we could States during the CiYil War and who actually rendered 90 say we were aiding the Federal troops. It will not do. days' service. I want to reach the exact proposition that the l\Ir. ELLIS. Will the gentleman yield? gentleman from Kansas [Mr. CAMPBELL] would reach by strik l\1r. RUCKER. Yes . . ing out the word "such." I want to put it beyond question or l\fr. ELLIS. I want to say to the gentleman that if he will controversy, and I believe the l\lembers of this House want to read the other requirements, the other specifications here he put it beyond question or controversy. will see that there is no danger of any man procuring a pen Mr. RHODES. Mr. Chairman, will the gentleman ;yield? sion under this law who is not entitled to it. See what you :Mr. ELLIS. In a moment. As I understand, this language have provided. You provide that the officers and·enlisted men pre ents the argument that bas been urged for this legislation of the militia shall receive these pensions. You require that not only before the committee of this Congress but before com they must have been enlisted in a militia company or like or mittees in former Congresses, to wit, that these men, very ganization; that they must have participated and cooperated many of them, served not only in cooperation with the mili with the military forces of the United States. They must have tary forces but actually served under the officers of the United rendered service for the period of 90 days or more in a mili States. That is true, but here is the situation: Some of them tary organization. Now, we are concerned only with the one erved 60 days under the officers of the United States and did question whether during all of that 90 days' service to their not serve the full 90 days under the officers of the United country these men may have served under their own officers or States. Some of them served perhaps 89 days under the officers must they all the time have served under the officers of the of the United States. AU of them served 90 days either under Army. their own or United States officer in an effort to put down the Mr. RUCKER. Under every pension law that has been en rebellion. They fall under the definition of this bill in that acted, every es ential fact necessary to be shown in order to they were engaged in cooperation with the military forces of acquire a pension is a matter of record proof. Every e sen· the United States and served 90 days. tial fact provided for in this bill would be a matter of record. Now, I do not think that any Member of this House wants to The Adjutant General has records showing the enlistment and put the burden on any of these men to show that their service service of evel'y man in the militia. The unorganized or dis for the entire 90 days wa. . under the Regular officers. It would organized bodies of men tbat tbe gentleman speaks of bave no be unjust and unfair. It would defeat in very many instances records, and the Pension Department will be called upon to the very purpose of this bill. increase its fo1:ce 100 per cent if this amendment should be I do not want to take chances on merely striking out the adopted. word ''such." Let us strike at the very root of the trouble. l\Ir. ELLIS. But your bill provides that they must be en The bill is well framed, on the idea that there must have been listed members of the e organizations. They must be enrolled service in cooperation with the military forces of the United in these organizations. Statei, and that it must have been for a minimum of 90 days. Mr. RUCKER. They are enrolled. I have no objection to that. But I do seriously object, and I l\fr. ELLIS. They must have served as a part of these or believe every man in this House will seriously object, to putting ganizations. upon those men or the widows who survive them the burden l\:Ir. RUCKER. But your amendment does not provide that. of proving that that entire 90 days' ser-vice was under the offi Mr. ELLIS. Other provisions of the hill take care of that. cers of the Regular Army. This bill does not provide for camp followers, for raiders of 1922. CONGRESSIONAL RECORD-HOUSE. 8497 melon patches, or for anyone except soldiers who served 90 a character that it requires an elastic conscience to vote for days in cooperation with military forces of the United States the bill even as presented. With the proposed amendment by in putting down the rebellion. If this thing is insisted upon, the gentleman from Missouri attached to it, there would be you may exclude 80 per cent of the deserving militia men or absolute1y no excuse for any Member of the House to vote their widows in Kentucky, Missouri, and Kansas who, after the for such a proposition. In other words, it legalizes highway lapse of 60 yen.rs, may not be able to establish this requirement robbery of the Treasury of the United States. That is about as to United States officers. what it does. Furthermore, it is an insult to every Grand Army Mr. RUCKER. Mr. Chairman, just one word. So far as my veteran in this country. You are going to open up the old experience is concerned, it will not exclude one single man, and pension question of pensioning every guerilla, giving him a legal if the gentleman from Kentucky has excluded his people I know status under the pension law. Where are you going to stop? he will be sorry for it. Some of these were young boys who had a chance to enlist Mr. CLOUSE. Mr. Chairman, I move to strike out the last but did not go into the Army. Many of them, to speak plainly, word. Of course, I think we are all interested in perfecting dodged the draft, and yet you are going to legalize their pen this bill so as to meet the ends of justice toward these old sion status. veterans of the Civil War. The gentleman from Missouri [Mr. l\Ir. LANGLEY. Will the gentleman yield? RucKER] is, of course, a friend to these men, as we all know Mr. UNDERHILL. For a short question.; I have only five here on the floor of the House ; but I do think that the amend minutes. ment offered to strike out the language "under the command Mr. LANGLEY. I am desirous, as I said earlier in the de of United States officers" is very essential Let me illustrate bate, of enacting the most liberal legislation of relief of by an example: At first the State of Tennessee voted to re deserving soldiers and dependents who actually rendered mili main in the Union, but later another election was called and tary service required in this bill, but' I am not in favor ot the State by a small majority voted to secede and go with the jeopardizing the bill by adopting an amendment that may other Southern States. During that awful confi.ict that was defeat it. waged for four years there were in the mountain sections of Mr. UNDERHILL. I am glad that the gentleman is opposed the State independent scout organizations who were not a part to the adoption of an amendment which would clearly kill the of the State militia, and in deed and truth not under the direct bill. If the amendment is adopted, the bill would certainly be command -of any military officer of the United States; yet killed, if not in this body, then elsewhere. they were rendering valiant service to the forces of the United The CHAIRMAN. The question is on the amendment offered States, as much so as if they had been on the firing line and in by the gentleman from Missouri [Mr. ELLIS]. the ranks under command of an officer of the United States. The question was taken; and on a division (demanded by 1\fr. ELLIS. Will the gentleman yield at that point? Mr. ELLIS) there were-ayes 26, noes 28. l\Ir. CLOUSE. Yes. So the amendment was rejected. Mr. ELLIS. Tho e very men of whom the gentlemen speaks Mr. LITTLE. Mr. Chairman, I present the following amend could not get a pension under this bill as it now stands. ment. Mr. CLOUSE. With this language in not one of those men, The Clerk read as follows: in my judgment, is entitled to the benefits of a pension. I Page 2, line 6, after the word "authority," strike -0ut the period and have a case that .is now pending before the Secretary of the insert " and to include the officers and enlisted men of the Eighteenth Interior. Clabe Beatty was a member of Capt. David Beatty's Kansas Volunteer Cavalry and the Nineteenth Kansas Volunteer Cav command of scouts operating in ·the mountains of central east alry honorably discharged." Tennessee. They were acting in conjunction with Federal Mr. LITTLE. Mr. Chairman, between the close of the Civil troops under General Thomas. In 1870- an act of Congress was War and the beginning of the Spanish War in 1898 the United passed which granted these men an honorable discha1·ge and States Government en11sted only two regiments of volunteer cav put them upon identically the same footing as men who had alry. The gentleman from Kentucky makes a point of order. He served in the regular military forces. They were cooperating did not say what it was, but I presume he means that they do with General Thomas throughout his campaign in that section not belong to the Civil War trool>s nor to the Spanish War of the country; and it was essential to have these scouts there, troops, and so there is no way in God's world to take care of because there were people going about robbing homes, robbing them. people of their grain, their cattle, their hogs, and their horses Mr. LANGLEY. Will the gentleman yield? and carrying them away. The people in that section of the Mr. LITTLE. Yes. country were powerless, and General Thomas was anxious to Mr. LANGLEY. What I had in mind was that this is a bill have this company of independent scouts connected with the dealing with the Civil War legislation, and these men came into service, though they were not sworn into the service of the the service after the Civil War was over. United States Army, and, indeed, under conditions prevailing l\lr. LITTLE. Here are two volunteer regiments, and the in Tennessee after the State had seceded they were not mem only ones in a generation that did not have a Civil War record bers of the State militia. Would you deny these men any or a Spanish War service. They do not belong to anything. benefits accruing under this Jaw? That is what the bill now Nobody cares anything about what happens to them, and the does. The case I have in mind has been rejected, although gentleman makes the point of order. they were given the benefit of this special act in 1870, and Now, l\Ir. Chairman, I will reply to the point of order by they have been rejected because the Pension Bureau now holds subpcenaing a witness, and let us find out whether it is right that in order to entitle a Civil War veteran to a pension he to do anything. I am reading from the official report of Gen. must have served at least 90 days in the military service and G~orge A. Custer : received an honorable discharge. Thei;e gentlemen to whom In General Custer's official report of this campaign he uses the fo:X.. I refer can not now Teceive a pension and can not receive one lowing language : h The point at which we found the Cheyenne village was in Texas, under this act unless this amendment is adopted. on the Sweetwater, about 10 miles west of the State line. Before clos l\Ir. UNDERHILL. Mr. Chairman, I move to strike out the ing my report I desire to call the attention of the major general com last word. manding to the unvarying good conduct of this command since it under l\Ir. LANGLEY. May I interrupt the gentleman long enough took the march. We started with all the rations and forage that could be obtained neither sufficient for the time for which we have already to ask unanimous consent that debate on this section and all been out. First, it became necessary to reduce tbe amount ot rations; amendments close in five minutes? afterwards a still greater reduction was necessary; and to-night most The CHAIRMAN. The gentleman from Kentucky asks unani of my men made their suppers from the flesh of mules that have died on the march to-day from starvation. When called upon to move in mous consent that debate on this section and all amendments light marching order they abandoned tents and blankets without a thereto close in five minutes. Is there objection? murmur, although much of the march has been made during the Mr. LITTLE. I want to offer an amendment and talk about severest winter weather I have experienced in this latitude. "The horses nnd mules of this command have subsisted day after it a few minutes. day upon nothing but green cottonwood bark. During all these priva l\Ir. LANGLEY. As I understand, the gentleman from Kan tions the officers and men maintained a most cheerful spirit, and I sas would have the privilege of offering an amendment. Very know not which I admire most, their gallantry in battle or the patient but unwavering persistence and energy with which they have withstood well, Mr. Chairman, I will ask that it apply to this amendment the many disagreeable ordeals of this campaign. only. "As the term of service of th Nineteenth Kansas Cavalry is ap The CHAIRMAN. The gentleman from Kentucky asks unani proaching its termination, and I may not again ha;e the satisfaction of commanding them during active operations, I desire to commend mous consent that all debate on this amendment close in five them-officers and men-to the favorable notice of the commanding minutes. Is there objection? general. Serving on foot, they have marched in a manner and at a. There was no objection. rate that would put some of the Regular regiments of Infantry to the blush. Instead of cryJng out for empty wagons to transport them, each l\fr. UNDERHILL. l\Ir. Chairman, the provisions of this morning every man marched with his troop, and-what might be taken bill as presented to the House by the committee are all of such as an example by some of the line officers of the Regular Infantry- 8498 CONGRESSIONAL RECORD-HOUSE~ JUNE 9, company officers marched regularly on foot at the head of their respec tive companies, and now, when approaching the termination of a march The result of this campaign was that Santanta and Lone of over 300 miles, on greatly deficient rations, I have yet to see the Wolf, chiefs of the Kiowas, were taken prisoners and by a first straggler." threat of execution that tribe was forced to rep~rt at Fort When Gen. George A. Custer sends the heroes of that great ~obb, together with . the Comanches and Apaches, and finally organization before you for decent treatment and recognition mduced to go on then· reservation. they are met with a point of order. Is that a good argument From Fort Cobb the command marched to the base of the against it? Which s:de do they belong to, the Spanish War Washita Mountains and established Fort Sill, near Medicine or the Civil War? Where are you going to put them? From Bluff. On the 2d of March following the Nineteenth Kan as 1869 down they have never had any recognition. They have Cavalry and the Seventh United States Cavalry, under the been " unwept, unhonored, and unsung " for 50 years. Gentle command of General Custer, went in pursuit of the Cheyennes. men, here are two regiments. For the first time they come The course pursued was via Camp Radiminski mouth of Elk here and really get the opportunity to ask for decent treatment, Creek, to a point on North Fork of Red Riv~r, a few miles which you are going to give the militiamen, and they are met above the mouth of Salt Fork. with a point of order. I hope the gentleman will withdraw his The Cheyenne trail was struck on Salt Fork on the 6th of point of ?rder. I do not believe it is good; but if it is, I sug March, 1869, and followed to the north along the eastern edge gest to him that he do this honor to General Custer and the of the Llano Estacado until the 20th of March, when the two splendid regiments and let them be treated as you are C~eyennes were caught camped on Sweetwater Creek, about 10 treating other militiamen. miles west of the eastern line of Texas. This march was macle SHERIDAN AND CUSTER. practically without transportation or adequate supplies, and I have already asked the attention of the House to what for the last few days the men subsisted on mule meat without General Custer said with regard to the Eighteenth and Nine bread or salt. teenth Kansas Cavalry. I shall now call your attention to the General Sheridan, General Custer, and Colonel Moore with reports on those regiments of Gen. Philip H. Sheridan, the the soldiers of the Eighteenth Kansas, the Ninteenth Kansas, greatest cavalry chief the world ever saw and one of the and the Seventh United States and Tenth United States Cav greatest Indian fighters we ever had on the border. General alry, rescued the women prisoners from the Indians in the Texas Sheridan said in his report of November 1 1869 that in the Panhandle and drove the Indians far into the Llano Estacado last six years the Indians along that border bad m~rdered more and preserved southwestern Kansas for all time wactically than 800 men, women, and children. The Seventh United from Indian assaults. They followed and fought' the Indian~ States Cavalry and the Eighteenth and Nineteenth Kansas in driving storms, at times with no resources but the buffalo Regiments carried on the campaign against the southwestern they killed, and the obligations the Southwest is under to them Indian.s-the Cheyennes, Apaches, Kiowas, and the Comanches. have never really been acknowledged by the Government of the The Eighteenth Kansas Cavalry was organized under a circular United States. of June 21, 1867, from military headquarters for the Division The most romantic feature of the campaign was the rescue of Missouri, and was mustered in at Fort Harker, Kans., from of the women from Cloud County, Kans., whom they found in July 13 to 15, 1867, and mustered out there November 15 the Panhandle among the Indians, whom they beat after a fierce 1867. An epidemic of cholera attacked the Eighteenth imme~ fight. Capt. John Q. A. Norton, of Lawrence Kans. who is diately at Fort Harker, and 20 of them died. credited with marching alone against a Cqnf~derate' battery, Companies B and C fought the Cheyenne Indians on Prairie bas told me personally the particulars of that episode, a tale that Dog Creek on August 21 and 22. Major Armes, of the Tenth would do credit to the pen of a Dumas. As General Custer United States Cavalry, commended the officers and men in the says in report: highe~t terms. They preserved the State of Kansas from fur _In obtaining the relea e ·of the captive white women, and that, too, w~thout ransom, the men of my command, and particularly those of the ther Indian depredations at that time. On August 30 Maj. Nmeteentb Kansas, who were called into service owing to the murders H. L. 1\foore, of the Eighteenth, and his men fought the same and depredations of which the capture of these women formed a part Indians again. This gentleman was· one of my predecessors feel more. fully repaid for t~e ha~dships they have indured than if they in the Congress of the United States, having served in the had survived an overwhelmmg V1Ctory over the Indians. Fifty-third Congress, and he afterwards served as commanding Col. H. C. Lindsey, of the Twenty-second Kansas in the officer of the Nineteenth Kansas, being lieutenant colonel I Spanish War, was a sergeant major of the Nineteenth Kansas believe. The lieutenant colonels of both the Nineteenth ~nd under Colonel Moore. Captain Norton, a soldier of the Civil Twentieth Kansas have served in these halls. The campaign 'Var, then in 1869 a young lawyer at Lawrence, and an officer made by the Eighteenth Kansas in 1867 drove the Indians to of exceptional courage and capacity and equipment, still lives at winter quarters and left the frontier settlements of Kansas in Lawrence, one of the foremost citizens of our great State a comparative peace. · solclier and a gentleman of the highest and best type, alw~ys The following year the Nineteenth Kansas was mustered in gentle, capable, courageous, and chivalric. by companies from October 20 to 29, 1868, at Topeka, and THE ONLY VOLUNTEERS FROM 1865 TO 1898. mustered out at Fort Hays, Kans., April 18, 1 69--0rganized The Eighteenth and Nineteenth Kansas were the only vol under authority of a telegram from the Secretary of War to unteer soldiers that the American Government raised in a Lieut. Gen. William Tecumseh Sherman, dated October 6, 1868. third of a century from 1865 to 1898. They performed a seHice On November 5, 1868, the regiment moved from Topeka toward that had as many difficulties as any of our veterans. They the Arkansas River, crossing at Wichita, marched southwest made a campaign a. romantic and remarkable as a novelist and joined the Seventh United States Cavalry near the junctio~ C?~ld depict. . They rescued from the horrors of Indian cap of Beaver Creek and North Canadian, 112 miles south of Fort tivity the wives and daughters of those frontiersmen who Dodge, at the Camp Supply cantonment. Owing to severe made for us the great West and brought it into civiliza snowstorms and the entanglements of the Cimarron Canyons, tion. They have lived in patience for half a century with the regiment reached Camp Supply at the end of the month. out any fair or just expression of appreciation by this General Sheridan says: Republic for their excellent services. All that I ask now is that The regiment Jost its way, and, becoming entangled in the can you give to them the same financial consideration that you give yons of the Cimarron and in the deep snow, it could not make its to other soldiers of similar accomplishments and similar hero way out and was in a bad fix. • • • It had been subsisting on buffalo for eight or nine days. • * * Officers and men behaved ism. Shall the fact that they were the only volunteers to serve admirably in the trying condition in which they were placed. their country on the battle field in a third of a century c.leprive General Sheridan tells of their march down the Washita, and them of just and equitable acknowledgment? Come, gentlemen says: of the House, let us not quibble about points of order but let us The snow was still on the ground and the weather very cold bat do justice to those Yenerable men. Their daJ-s ar~ not Iona the officers and men were very cheerful, although the men had 'only upon this earth. Do not let them go before you have treated shelter tents. We moved due south until we struck the Washita near them with ordinary common sense. Their country has fought Custer's fight of November 27, having crossed the main Canadian' with the thermometer about 18° below zero. On the next day we started two wars since then, and the e men have come down to u do~n the Washita, following the Indian trail; but finding so many deep from a former generation and live that we may do the square rav1!'.1es. and canyons I tbo.aght we would move out on the divide, but thing by them and show that Republicans are not ungrateful. a blrndmg snowst9rm commg on, and fearing to get lo t with a large command and trams of wagons on a treeless prairie without water The Eighteenth and Nineteenth Kansas haYe been followed by the Twentieth, the Twenty-first, the Twenty-secontl and the ~~ 1-:ie~:t f~~eg ab:gkw~1e~e ~a~s 2t the Washita, where we at least'. Twenty-third Kansas, and by the One hundred and thirty-fifth This was continued until the evening of the 16th of December United States and the Two hundred and fifty-third United ~hen we· came to the vicinity of the Indians, principally Kiowas. TheY did not dream that any soldiers could operate in such cold and incle States. It is over GO year since the First Kansas, the advance ment weathe~-, and we marched down on them before they knew of guard of the Kansas army, filed pa t the great white throne our presence m the coanb·y. keeping time to the music of the spheres on e\·ery golden brick 1922. CONGRESSIONAL RECORD-HOUSE. 8499 in the hallowed streets of the new Jerusalem. Thus we have Mr. CLOUSE. If the gentleman from Missouri will permit, with us of those early soldiers of the plain only this thin and during that awful period in the southern section of the coun vanishing rear of the column. They say there is an end for all try, and especially in Tennessee, which was the battle ground things mortal. Sometime the silver stars will dim and the for many months during the last days of the great conflict, luster of the tributes will fade and the hallowed flag will wither there were various organizations. United States Army officers in the dust. Sometime the ghosts of the Grand Army of the would designate organizations to go out and scout for informa Republic-and keeping step with them those of the Eighteenth tion, to keep track of and report the movements of the enemy. an Mr. NEWTON of Minnesota. Offhand that would be my im panies of Union men were organized in northwestern Arkansas, the General Government issuing arms and ammunition and when on active pression. duty furnishing them with subsistence. TheBe companies were com Mr. LANGLEY. I do not think it would include those men. manded as follows : In Washington County by Captains Bracken Lewis It was not the intention of the author of the bill to include and Mackay'; Benton County, Captain Mizer; Carroll County, Captains Gaddy and Walker ; • • • Then! was also a very efficient compan7 them. organized in West Fork Township, Washington County. • • • The CHAIRMAN. The question is upon the amendment • • • • • • • offered by the gentleman from Tennessee. Captains Lewis and Mackay's companies took part in the defense or The question was taken, and the amendment was rejected. Fayetteville on the 3d of November, 1864, and all of these organiza tions rendered valuable aid to the Government, for which they have The Clerk read as follows: received no compensation. . S1:c. ~. That title to pension under this act sba11 commence from the date of filing appllca:tion therefor in the Bureau o! Pensions after the In the spring of 1864, while the frontier division of the approval of this act. Seventh Army Corps were in the field · cooperating with Gen Mr. TILLMAN. Mr. Chairmnn, I move to strike out the last eral Steele, it became necessary for the defense of Fort Smith word. I am interested in the question raised by my friend, the and the Union men living in the vicinity to organize there gentleman from Texas [Mr. Box], and I want to ask the chair also a local militia. Four companies were thus formed to do man~ of the committee, if I may, if he is quite certain that this duty in the surrounding country, commanded, respectively, by bill will not allow any of these people a pension who after the Captains Turner, Smith, Gibbons, and Thomas, the battalion war really closed did police duty in the South during recon by Maj. Charles 0. Reid. Companies were also organized at struction? I understand they are not to be beneficiaries of this Ozark and other points on the Arkansas River. These com act. Am I accurate in this statement? panies likewise have never received pay for their services. Mr. LANGLEY. I will say to the gentleman that they were At the same time the citizens of Fort Smith were partially regular troops, the class to which he refers, and they are not organized and drilled, and precautions were taken against an covered by the law to which this bill is proposed as an amend attack upon the town, which was somewhat apprehended when ment. The gentleman may recall there were a number of the news reached it of the failure of the Red River expedi soldiers who took the oath of allegiance after they had served tion, and General Thayer, with the frontier division, was stub ·1n the Confederate Army and then joined the Union forces, the bornly falling back with General Steele to Little Rock. First, Second, Third, Fourth, and Fifth United States Infantry, In my home county, Sam Robinson and one of the Gilbreatbs; 1if I recall correctly. They were held not to be pensionable in Madison County, Matt Grubb and others; in Carroll County, because they did not actually serve during the rebellion. although Mr. Willis. Russell, of Green Forest, the fine old wife of Willis the war was not yet over in some sections of the country. I Russell, a former good citizen of that county, will be beneficia ·mention this to illustrate how the Pension Office has been con ries; in Boone County are several good men; John Starr, in New struing the law and why I am sure the law would not include ton County, also will be a beneficiary; and all of them rendered the clas he mentions. good service. In other counties in my district are ex-militia .Mr. TILLMAN. That is my understanding of the law and of men who will be granted long-deferred justice in the way of this measure. a living pension during the few years remaining to them. Mr. LANGLEY. And I will add, if the gentleman will par- Mr. BOX. Mr. Chairman, I ask unanimous consent that I 1don me, that while I have not all the decisions in my mind now may proceed for two minutes. I was for several years a member of the Board of Pension Ap The CHAIRMAN. Is there objection to the request of tbe 'peals, and I recall we rendered a decision, or perhaps more than gentleman from Texas? [After a pause.] The Chair hears one decision, on this question as to the actual legal date of the none. close of the Civil War for pensionable purposes; and I think Mr. BOX. Mr. Chairman, the class of men that I have jn that has also been adjudicated by the courts and that the. mind are not Union soldiers. The Union man whom the old Pension Office has well-established rulings on that question men in the South respect most is the man of his own kind ·which will apply to these militia cases. whom he met on the battle field. They respeet each other. . Mr. TILLMAN. I am very well satisfied with the gentle They now regard each other almost as comrades. But there ·man's explanation. In truth and in fact the war closed at was a class of men, a numerous cJass, who never went with 'Appomattox, at least that was the time and place when we got your father nor with mine, who never met either of them on the :tired of whipping you Yankees and quit :fighting. I am anxious battle field, who fell in down there when our fathers had gone 1to vote for the bill I did so when it formerly passed the House; home to their families and to the work of rebuilding the ruins. iit was then advocated eloquently by Speaker Clark, peace to his These you certainly should not pension. They do not deserve ashes; but I should not like to vote for a measure which would a pension. I have an impression that the war did not officially compensate the parties who went down and fattened upon the close until some time, many months, after General Lee's sur prostrate South after the war closed and who merely did police render, some time in 1866 or 1867. duty. These harpies stole everything that was not fastened Mr. LANGLEY. That is true in certain portions of the down at both ends, and deserve neither respect nor a pension. country. ·Many of the men who would become beneficiaries of this meas Mr. BOX. There were United States Army officers down ure, if it does not pension the parties above mentioned-and it there with all kinds of militia and police forces und~r their ·does not, we are assured-were good soldiers. I have a large command. In the main they were a sorry, motley lot. The lllumber in my district; many came from Missouri and located in Union soldiers had gone home as fast as they could. The Con lArkan as, and many of the Arkansas men at that time were federate soldiers bad gone home. Then gathered this class of members of the militia and did good service for the Govern men, such as always gather in such situations. In those years ment. I submitted some remarks upon this bill when it was we had our darkest time. I desire to direct the attention of before the House two or three years ago, and I do not care to the chairman to that point, so we may be sure that this class repeat those arguments now. I think the bill has merit and of men will not receive the benefits of this legislation, if it is to should pass. be enacted. I regret, however, gentlemen, that you will not permit an Mr. LANGLEY. I will say to the gentleman that in extend .amendment, which I have advocated and now advocate. I re ing my remarks I shall ~nd~vor to ~nclude those decisi~ns I lgret that this measure will not contain the legislation that I nave in mind, the exact citation of which I can not now give. thave heretofore proposed and now propose, that provision be The CHAIRMAN. The time of the gentleman has expired. ,made for the return to the people of the South, and to the sur- Mr. LANGLEY. Mr. Chairman, I move that the committee do 1vi ving Confederate soldiers, the sixty-eight millions of illegally now rise and report the bill to the House with sundry amend collected cotton tax, together with a reasonable interest on ments, with the recommendation that the amendments be agreed same. If you want to do one great big act of tardy justice in- to and that the bill as amended do pass. 1corpornte this amendment in your bill. The motion was agreed to. , As I have stated, there are many men in my State, confined Accordingly the Committee rose; and Mr. WALSH having re largely to the third congressional district, interested in this sumed the chair as Speaker pro tempore, Mr. DowELL, Chair !measure. Gen. A. W. Bishop, at one time president of the man of the Committee of the Whole House on the state of the !University of Arkansas while I was a student there, was dur Union, reported that that committee, having had under con 'ing the War between the States adjutant general of the State of sideration the bill H. R. 211, had directed him to report the i'Arkansas and prepared a report which was published and 1 same back to the House with sundry amendments, with the printed in 1867. The following "Historical Memoranda," re- recommendation that the amendments be agreed to and that the 1l garding the Arkansas Militia, is taken from this report: bill as amended do pa~. Prior to the organization of this militia the Union citizens of vari- Mr. LANGLEY. Mr. Speaker, I move the p1·evious question ous parts of the State had acted together for their mutual defense. In the autumn of 1863, in accordance with orders from Major General on the bill and all amendments thereto to final passage. \,Schofield, then commanding the Department of the M~~~~1, _!.ev~~l ~m- The previous question was ordered. 1922. CONGRESSIONAL RECORD-HOUSE. ·8501 The SPEAKER pro tempore. Is a separate vote demanded on Mr. ST.AFFORD. Reserving the right to object, as I read" any amendment; if not, the Chair will put them in gross? the report these three former officials of the Government on The question was taken, and the amendments were agreed to. the Canal Zone were not under the law entitled to free The bill as amended was ordered to be engrossed and read the quarters. Now, you are seeking to grant them the return of third time, was read the third time, and passed. money that was taken from their pay. for the rent of quarters? On motion of Mr. LANGLEY, a motion to reconsider the vote Mr. EDMONDS. ·That was the decision of the authorities by which the bill was passed was laid on the table. on the Canal Zone, but they went into court, and the court EXTENSION OF REMARKS. decided that they were not entitled to have the deduction for Ur. WALTERS. Mr. Speaker, I ask unanimous consent to quarters taken out of their salaries. extend my remarks in the RECORD. Mr. STAFFORD. The gentleman will concede, however, The SPEAKER pro tempo re. The gentleman f ro:e1 Penn that these three officers we1·e not entitled to free quarters sylvania asks unanimous consent to extend his remarks in the while occupying their respective positions? RECORD. Is there objection? [After a pause.] The Chair hears Mr. EDMONDS. I will not concede that, because we simply. took the report of the court. They went into court and the none. court agreed that they were entitled to this commutation of PRIVATE CALENDAR. quarters. - Mr. EDMONDS. Mr. Speaker, I would like to move that bills l\Ir. STAFFORD. The court did not so hold. The court on the Private .Calendar be taken up in the House as in the held that the executive officers did not have the authority to Committee of the Whole. deduct the claim for rent from their salaries, but the court 1\ir. LANGLEY. l\Ir. Speaker-- did not hold that they were entitled to free quarters. l\1r. EDMONDS. I believe that was the order of business. Mr. EDMONDS. Is not that the same thing? The SPEAKER pro tempore. That was the order of busi- l\fr. STAFFORD. Oh, no; far from it. The executile nes previously agreed to, that at the conclusion of the con officers were exercising authority which the law did not gi'rn sideration of the pension bill it would be in order to continue them the right to exercise, and yet these officers were obli consideration of the bills on the Private Calendar to which no gated to pay rent for the quarters they were occupying. objection was made. The bills on the Private Calendar are now Mr. Speaker, I ask that this bill be passed over. in order for consideration. The gentleman from Pennsylvania The SPEAKER pro tempore. The gentleman from Wiscon [Mr. EDMONDS] asks unanimous consent that the bills be con sill asks unanimous consent that the bill be passed over. Is sidered in the House as in the Committee of the Whole. Is there objection? there objection? [After a pause.] The Chair hears none. There was no objection. MILITIA PENSIO~S. ELIZABETH MAB SH WATKINS. Mr. LANGLEY. Mr. Speaker, a parliamentary inquiry. The SPEAKER pro tempore. The gentleman will state it. The next business on the Private Calendar was the bill Mr. LANGLEY. I am · inclined to think, upon further con- ( S. 841) for the relief of Elizabeth Marsh Watkins. sideration, that the . title of the bill H. R. 211 should have The SPEAKER pro tempore. Is there objection? been amended, in view of one amendment that was adopted. Mr. CRAMTON. Mr. Speaker, reserving the right to object, Can I at this time, by unanimous consent, have that corrected as I understand the statement of facts in connection with this and amend the title to conform to the text? bill the injury to this girl occurred while she was a student in The SPEAKER pro tempore. The gentleman from Kentucky school? desiring to amend H. R 211 to conform to the text, with Mr. EDMONDS. Yes. out objection the proceeding upon reconsideration can be va Mr. CRAMTON. And it occurred because she volunteered to cated and the title be amended to conform to the text. Is do certain work which she was not directed or expected to do? there objection to vacating the proceedings on motion to recon :Mr. EDMONDS. Well, she was detailed to do it or was al sider that was laid on the table with reference to H. R. 211? lowed to do it anyhow, and received her injury while doing the (After a pause.] The Chair hears no objection. \1'ork. The gentleman from Kentucky [Mr. LANGLEY] asks unani l\Ir. CRAMTON. The report would indicate that she was not mous consent that the title to H. R. 211 be amended to conform detailed to do it, and that she was allowed to do it because there to the text. Is there objection? [After a pause.] The Chair wa no one there to forbid her doing it, and it was upon her hears none. own motion and initiative. On motion of l\fr. LANGLEY. a motion to reconsider the vote Mr. EDMONDS. I think that is true. bv which the bill H. R. 211 wa agreed to was laid on the l\fr. CRAMTON. And having received some injury because table. she was allowed to do something with a piece of machinery that PRIVATE CALENDAR. \Yas outside the scope of her employment, without any instruc The SPEAKER pro tempore. The Clerk will call the first tion to do it, it was some years thereafter before any claim was bill on the Private Calendar, beginning at the point where the pre ented. In the meantime she had acquired a husband who previous call terminated. was apparently interested in presenting the claim. Mr. EDMO~"TIS. That might be true. THOMAS B. SMITH. l\fr. CRAMTON. And the claim he presented was for $1,000, The first business on the Private Calendar was the bill (H. R. and the bill is for $2,500. · 8264) for the relief of Thomas B. Smith. Mr. EDMONDS. The committee has made the same allow The SPEAKER pro tempore. Is there objection to the pres ance for an injury of this kind as they have in other cases. It ent consideration of the bill? [After a pause.] The Chair was thought the woman was pretty severely injured. Here is hear · none. The Clerk will report the bill. a picture of her. We feel under the circumstances she was The Clerk read as follows : doing goYernmental work and is entitled to some consideration. A bill (H. lt. 8264) for the relief of Thomas B. Smith. Mr. CRAl\1TON. But the fact remains that it was not work B e it enacted, eto., Tbat tbe Secretary of t be Treasury· be, and b e is she \Yas directed to do or expected to do. hereby, authorized and directed to pay, out of any money in the Treas m·y not otherwise appropriated, to Thomas B. Smith, of Cheriton, Mr. EDMO~TDS. I think the facts are as stated by the Va., the sum of $185.66, to reimburse him for expenses incurred by gentleman. him from April 20 to June 6, 1917, for travel performed by him while l\Ir. CRAl\ITON. And no claim was made for five or six years. an en. ign with the United States Naval Reserve Force attached to the Seventh Squadron, United States Navy. And the committee bas suggested to more than double the The SPEAKER pro tempore. The question is on the engross amount. Mr. EDMONDS. It has passed the House several times, I ment and third reading of the bill. will say to the gentleman, but never has passed the Senate The bill was ordered to be engrossed and read a third time, afterwards. It has now passed the Senate &nd is up to the was read the third time, and passed. House. I reported it myself in 1915. On motion of Mr. EDMONDS, a motion to reconsider the vote Mr. STAFFORD. Will the gentleman yield? by which the bill was passed was laid on the table. l\fr. EDMONDS. Certainly. WILLIAM HOW.ARD MAY ET AL. l\Ir. STAFFORD. The gentleman says the claimant was per The next business on the Private Calendar was the bill (S. forming Government work. As I read the report she was per 2746) for the relief of William Howard May, ex-marshal of forming work for herself outside of the line of her employment the Canal Zone; William K. Jackson, ex-district attorney of completely. the Canal Zone; and John H. McLean, ex-paymaster of the l\Ir. EDMONDS. It was not her work. It was work the Panama Canal, now deceased. Government was supposed to perform. The SPEAKER pro tempore. Is there objection to the con Mr. STAFFORD. It would be a similar case if one of our .sideration of the bill? clerks domiciled in one of the Government dormito1ies down 8502 CONGRESSIONAL RECORD-HOUSE. JUNE 9, here were to go out and do something outside of her duties, JOSEPH ZITEK. using some electric iron or tbe like for ironing her we:;i.ring apparel, using machinery with which she was not acquamted Mr. McLAUGHLIN ' / 1922. CONGRESSIONAL RECORD-HOUSE. '8503 Mr. HUDSPETH. This bill passed this Honse in the last Mr. HUDSPETH. I do 'Dot see it in this report, but I know Congress, but failed of passage in the Senate, and I filed with it to be a fact that in a former report that#was filed the War the Claims Committee of the House an itemized statement, Department did approve this claim. ·which was approved by the War Department and approved by Mr. CR.AMTON. Let me read to the gentleman General the commanding general, showing that the damage was more Sharpe's summary, stating that- than the committee allowed. The committee .allowed $600 less The damage sustained to the property of Mrs. Tobin ls in the nature than the itemized statement showed to be the damage sustained, of t,orts, the depredations referred to being committed by individual soldiers 'Wlthout authority, and a claim for compensation for such dam which was approved by the War Department. a~es can not he favorably considered by the department, the indi Mr. CRAMTON. Unfortunately, the report does not carry viduals who committed the depredations alone being responsible for that itemized statement. the damages incurred. Mr. HUDSPETH. This report does not, but I filed it last 1\f r. HUDSPETH. That is true. year when the bill passed the House. Mr. CRAMTON. General Sharpe fUrther says: l\fr. EDMONDS. It was in last year's papers, and the state The 'War Department has no jurisdiction in the settlement of claims ment which the gentleman from Texas has made here is correct. for damages incurred to private property. Congress alone can grant relief in such cases. If "the claim is presented to Congress it should The SPEAKER pro tempore. Is there objection to returning be supported by an itemized statement of the damages incurred a nd to Calendar No. 203 for ·the purpose of considering the bill? definite information as to the cost of repair for each item claimed for. Mr. STAFFORD. Reserving the right to object, I notice that The papers in the case will be retained upon files of this office and -will the report shows that the claimant declined to follow the sug ~e;~~~~shed to Congress, or any committee thereof, upon due call gestion of the officer before all this damage was done. Mr. HUDSPETH. In what respect? Mr. HUDSPETH. That is a mere statement that i:he War Mr. STAFFORD. By declining to permit the commanding Department can not pay the claim, but the War Department officer to put a guard around this property, and that most of did approve the claim. this damage occurred after the refusal of the representative Mr. CRA.MTON. There is nothing to indicate that the War of the claimant to permit such guard to be so placed. What Department has approved this claim. The War Department equity has a claimant who declines to let the military authori -referred i.be claimant to Congress. ties place a guard about the premises to protect them? Mr. HUDSPETH. As I say, the War Department approved l\Ir. HUDSPETH. My recollection is that the owners of the the justice of this claim. property had a guard there that they were paying themselves, Mr. CRAMTON. We are entitled to see all of those papers. but notwithstanding the fact that this guard was there the Mr. HUDSPETH. H the gentleman had seen the papers that soldiers depredated and destroyed this property. I filed he would see that the War Department ·approved. it. .Mr. STAFFORD. 'Let .me read to the gentleman the report Mr. CRAMTON. The only papers that I have before me, or of the inspector, Major 'Xaggart, of the National Guard, Sev any Member of the House has, contains the general statement enth Division. that there was a thousand dollars claimed. At the time of the original damage and complaint General Clements Mr. HUDSPETH. I can only say that I filed the claim when did offer to have the parties found upon the premises make restora the bill was before the House, and at that time it showed that "tlon, but in the ·presence of the ·offenders the 1'epl'esentation was made the War Department .had approved the claim. on behalf of Mrs. Tobin that she did not care that the .boys should •do this, but was anxious that a guard should be established about the Mr. CRAMTON. My reading of the report gives me the premises for the protection thereof from further ·injury. feeling that the amount of a thousand dollars is far beyond the I beg the gentleman's ,pardon. I got the matter confused. actual damage. Mr. HUDSPETH. Yes; she asked for a guard. Mr. HUDSPETH. The original bill provided for $1,600 and Mr. STAFFORD. She asked for a guard, but Major Taggart the Senate cut it down to $1,000. • says in his report : Mr. STAFFOTID. Mr. ChaiTman, I do not think the claim~ General Clements is of the opinion that had •he been permitted to ant has such a great equity ·here-- handle this matter as he thought best, all future trouMe should h:rve Mr. HUDSPETH. I think if the .gentleman ""from Wisconsin ·been avoided and Mrf!. Tobin saved the damage to her property and the ,expense of maintaining a civilian guard. understood the matter he would not make obj-ection to the consideration of the bill. The soldiers took off this property to There -was the owner of the ·property, Mrs. Tobin, declining build buildings. to follow tbe suggestion of the commanding officer as to 1:he Mr. STAFFORD. We have the statement of the commanding proper method of guarding her .property. Then the dam after officer that if he had been allowed to have his way this damage age is done she comes here and asks for reparation. would not ha-ve occmred. :Mr. HUDSPETH. My friend is mistaken about that. She Mr. HUDSPETH. What was ·his way? Re wanted punish went to the general and asked for a guard. The general to wanted to bring the boys up and -prosecute them at the time. the soldiers, but Mrs. Tobin was very kindhearted .and did not Mr. STAIDFORD. Wby should not the general have been want them punished ; did not want them sent to prison. permitted to do that? Mr. STAFFORD. The greater damage was done afterwards. Mr. HUDSPETH. She did -not want the boys prosecuted. Mr. ORAMTON. At that time there was only damage to -the She asked that they be not prosecuted. amount of $75. Mr. STAFFORD. Yes; but the boys were under the com- Mr. STAFFORD. Mr. Chairman, I think this should go ove:r mand of the general. until we can find out what the Secretary of War says about it. Mr. HUDSPETH. That is true. The SPEAKER pro tempore. Objection is made. l\Ir. STAFFORD. 'lJhey were in the Army. ED THOMAS AND "PAULINE THOMAS. l\Ir. HUDSPETH. But she did -not want to have the young men prosecuted. She did ask the commanding officer to fur The next business on the Private Calenda.r was the bill nish a guard. (S. 2666) far the Telief of Ed Thomas and Pauline Thomas. :Mr. STAFFORD. If there is any ..obligation on the part of The Clerk read the title of the bill. the Government it is by reason of the failure of our estab The SPEAKER pro tempore. Is there objection to the pres lished officers to properly discipline their ,troops, but they were ent consideration of the bill? Dot disciplined because of the request of the claimant. Mr. STAFFORD. Reserving the right to object, the · onl~ Mr. HUDSPETH. That is true. The kind-hearted lady damage that this claimant received is that she can not ·turn asked that they be not put in prison, out she did ask the com her left hand. manding oificer repeatedly for a guard to be stationed around Mr. CRISP. Mr. Speaker, this is a bill introduced by Mr. her property to protect it. SMITHWICK, who is out of the city. If the gentleman will read Mr. STAFFORD. But the inspeetor says that- the Teport, he will notice that there was an airplane accident All future trouble should have been avoided and Mrs. Tobin saved at Pensacola through the fa.ult of a naval officer. It struck the damage to her property and the expense of maintaining a civllian in a crowd and killed several people. The da. ughter of these guard. claimants was severely injured and one of her hands perma And now she is charging up to the Government what she nently injured. The bill was introduced in the Senate carrying thought advisable, after not allowing the commanding general $5,000. The Navy Department said they thought the amount to have his way. was excessive and suggested that the bill be reduced to $2,000, Mr. HUDSPETH. The matter was- presented to the board and with $2,000 they ·would approve of the bill. The bill passed and approved. The War Department approved the claim the Senate carr~ing $2,000. Inasmuch as ibis claimant was which was also approved by the commanding .officer at the post'. injured without any fault on her part in the city of Pensacola Mr. STAFFORD. Where do we find any reference to the by an airplane belonging to the Government, it seems to me that War Department? it is an equitable claim, and I hope my friend will not feel Mr. CRAMTON. Where is there any statement that the con t raine l\Ir. STAFFORD. The reading of the report indicates to me The SPEAKER pro tempore. Is there objection to the pres that $2,000 is rather excessive for an injury to the left hand ent consideration of the bill? so that she has difficulty in turning it. Mr. STAF]fORD. Mr. Speaker, reserving the right to object, l\lr. CRISP. The gentleman is a lawyer and knows that I wish to inquire of the gentleman who reporte The committee amendment was agreed to. Mr. STAFFORD. Mr: Speaker, reserving the right to object, The SPEAKER p:ro tempore. The question is on the engross that bill has been before the House many, many sessions and ment and third reading of the bill. has been objected to by Members present and Members absent. The bill was ordered to be engrossed and read a third time, Mr. 1\'EWTON of Missouri And no one had an opportunity wa read the third time, and passed. to make a statement in regard to it. On motion of Mr. ROACH, a motion to reconsider the vote by Mr. LEHLBACH. Will the gentleman yield? which the bill was passed was laid on the table. Mr. NEWTON of Missouri. I will. • l.IESSAGE FROM THE SENATE, :Mr. LEHLBACH. It is my intention when this bill comes up for consideration again, whether now or at any other time, A message from the Senate, by Mr. Craven, its chief clerk, to make a point of order against it, which I think is valid, and announced that the Senate had passed joint resolution of the it might be well to dispose of the matter at the present time. following title, in which the concurrence of the House of Repre Mr. ST.AFFORD. I wish to say to the gentleman that there sentatives was requested: has been delay in the . consideration of the Private Calendar S. J. Res. 204. Joint resolution to authorize the loan by the to-day by reason of the consideration of a pension bill, and Secretary of War to the commander in chief of. the United Con there are- many Members who are desirous of having their bills federate Veterans of cots for the use of the members of the considered between now and the adjournment time of 5 o'clock, United Confederate Veterans during the sessions of the na and I do not think we should take up the time of the House on tional encampment of the United Confederate Veterans at Rich this bill. · mond, Va., from June 19 to 22, 1922. Mr. filTDERHILL. Mr. Speaker, under the circumstances LOAN OF COTS, ETC., TO CONFEDERATE VETERANS. I object. Mr. MONTAGUE. Mr. Speaker, I ask unanimous consent The SPEAKER pro tempore. The gentleman from Massa to take from the Speaker's table Senate Joint Resolution 204, chusetts objects. The Clerk will report the next bill. to authorize the loan by the Secretary of War to the com QUITCLAilil AND" RELEASE CERT.A.IN LA...""ID IN THE CITY Ol!' PENSA mander in chief of the United Confederate Veterans of cots for COLA, FLA. the use of the members of the vetei-ans. during the sessions The next business in order on the Private Calendar was the of the national encampment of the United Confederate Veter bill ( H. R. 9626) granting a. deed of quitclaim and release to ans at Richmond, Va., from June 19 to 22, 1922. To be avail the Traders' Brokerage Co., a corporati.on, of certain land in able, the resolution should be adopted speedily. It is in the the city of Pensacola. Fla. mmal form. The Clerk read the title O'f the bill. The SPEAKER pro tempore. The gentleman from Virginia The SPEAKER pro tempore. Is there objection to the pres asks unanimous consent that Senate Joint Resolution 204 be ent consideration of the bill? [After a pause.] The Chair laid before the House for present consideration. hea-rs- none. The Clerk will report the resolution. The Clerk will report the bill. The Clerk read as follows: The Clerk read: as follows : Resolvedr etc., That the Secretary of War is authorized to lend Be it miacted-, etc., That the Secretary of the Interior is bereb,. 1,000 cots to the commander in chief of the United Confederate Veter authorized and directed to execute, acknowledge, and deliver. in the ans at their national encampment to be held in Richmond, Va., from name of the United States of America, a deed of quitclaim and release June 19 to June 22, 1922, upon receiving a bond satisfactory to the to the Traders' Brokerage Co.~ a corporation organized under the Secretary of War to indemnify the United States of America from loss laws of the State of Delaware. its successors and assigns, of all the • or injm·y to such cots, or any of them, such indemnity bond to be right, title. and interest irr and to- lot RO, block 19, old city of Pensa drawn by and approved by the Secretary of War. cola, Fla., according to map of the city ot Pensacola, copyrighted by The SPEAKER pro tempore. Is there objection? Thomas C. Watson in 1906. Mr. STAFFORD. Reserving the right to object, is the reso The committee amendment was read, as follows : lution in the usual form providing for the bond to reimburse Page 2, line 1., after the· wottd "Pensacola," strike out "eopyri~hted by Thomas C. Watson in 1906 " and insert in lieu thereof "platted by the United States for any damages which may ,be done to the James W. Exum, deputy surveyor, in 1827. loan of this property? The committee amendment was agreed to. Mr. MONTAGUE. I have not compared the resolution with The bill as amended was ordered to be engrossed and read others that have passed the Congress but th-e Senator who the third time, was read the third time, and passed. it in It drafted informs me that it is the usual form. does pro On motion of Mr. EDMONDS, a motion to reconsider the vote by vide specifically that a bond shall be given to indemnify the which the bill was passed was laid on the table. United States and save the Government harmless. l\Ir. HULL.. Where are these cots? EDWARD A. PURDY. 1\1r. MONTAGUE. I do not know as to that.. They are under The next business in order on the Private. Calendar was the the control of the Army. bill (H. R. 10234) for the relief of Edward A. Purdy. Mr. HAWES. Should not we know? The Clerk read the title. of the. bill. Mr. l\10NTAGUE. It is the property of the Army, and I The SPEAKER pro tempore. Is there objection to the pres suppose the Army people have it in charge. ent consideration of the bill? [After a pause.] The Chair Mr. STAFFORD. Last year and in .prior years there was hears. none. a similar resolution passed for the loan of cots for the national The Clerk read as follows : encampment of the United Confederate Veterans? Be it enacted, etc., That the Postmaster General be, and he is hereby, authorized and directed to credit Edward A. Purdy, as postmaster f Mr. MONTAGUE. That is correct. These loans of cots have Minneapolis, Minn., in the sum of $1,948.48, said sum being the balance been made from time to time. Last year I think the number due the United States Government after a collection of $1,000 had 6een was 5,000, but I doubt this year if we will need 600, but 1,000 made on the bond and applied t<> the shortage of certain postage stamps and cash from the money-order funds embezzled or stolen by Christian is the maximum in the joint resolution. H. Mackeprang from one of the branch post offieoo of the said city l\1r. STAFFORD. I withdraw the reservation of the right of Minneapolis, to wit: That certain branch post office le>cated at No. to object. 1501 Washington A venue South, in the said city ; and that the said Edward A. Purdy be, and he is hereby, released from payment to the The SPEAKER pro tern.pore. Is there objection to the pres Treasury of the United Stai:es of the said sum of $1,948.48, and every ent consideration of this resolution? [After a pause.] The part thel"e(}f a'S such postmaster, and that hls account in connection Chair hears none. with the aforesaid station branch post office be credited with the said amount of $1,948.48 by reason of the aforesaid loss caused by the The Senate joint resolutiQn was ordered to be read the third said theft. time, was read the third time, and passed. The committee amendment was read, as follows : On motion of Mr. MoNTA.aUE, a motion to reconsider the vote Page 1, line 12, after th"e word "Minneapolis," strike out the comma by which the Senate joint resolution was passed was laid on and the remainder of the bill. the table. The amendment was agreed to. RELIEF OF DR. O. H. TITTMANN (H. R. 6245). The bill as amen-Oed· was ordered to be engrossed and read Mr. :NEWTON of Missouri. Mr. Speaker-- the third time, was. read the third time, and passed. The SPEAKER pro tempore. For what purpose does the On motion of Mr. NEWTON of Minn~sota, a motion to recon gentleman from Missouri rise? sider the vote by which the bill was passed was laid on the l\Ir. ~"'EWTON of Missouri. Mr. Speaker, I ask unanimous table. consent that the House return to No. 31 on the Private Cal J; W. HAilRELD. endar. The next business in order on the Private Calendar was the The SPEAKER pro tempore. The gentleman from Missouri bill (H. R. 8025) for the relief of J. W. HarrelcL ask" una.nim<>us consent to return to Private Calendar No. 31, The Clerk read th-e title of the bill. for the purpose of the consideration of the bill. Is there objec The SPEAKER pro tempore. Is there Qbjection? tion? Mr. HERRICK. Mr. Speaker, I object. 8506 CONGRESSIONAL RECORD-HOUSE. JUNE 9, Mr. STAFFORD. Mr. Speaker, will the gentleman from Additional homestead entry, Pierre, S. Dak., No. 014332 made by Oklahoma reserve the right to object? Orlo W. Horsley -0n November 20, 1916, under the act of February 19 Mr. HERRICK. No; I will not reserve the right to object; 1909 (35 Stat. L. p. 639), for the north half of the northeast quarter and north half of the northwest quarter of section 21, township 3 north I object. range 30 east, Black Hills meridian. · . ' Mr. STAFFORD. Has the gentleman any reason- Homestead entry, Bozeman, Mont., No. 09094, made by Glenn Conk Mr. HERRICK. Yes; I have reason, and I object. lin on June 3, 1914, under the act of June 11, 1906 {34 Stat. L. p. 233), for a trB,ct of land .described as homestead entry survey No. 884. The SPEAKER pro tempore. The gentleman from Oklahoma H<>mesteacl entry, Durango, Colo., No. 07166, made by .Alva John objects. Burch on September 10, 1917, for the east half of section 9 township Mr. STAFFORD. Objects to a claim of his own Senator. 35 north, range 14 west, New Mexico principal meridian. ' ' Desert-land entry, Evanston, Wyo., No. 06098, made by Enger K. ABRAHAM LEIBOVITZ. Chrisman on March 22, 1919, for lots 4 and 5 of section 29, lot 1 and the northwest quarter of the northeast quarter of section 32 and lots The next business in order on the Private Calendar was the 2, 3, and 4 and the south half of the northeast quarter and the south bill ( H. R. 6926) for the relief of Abraham Leib~vitz. east quarter of the northwest quarter of sedion 33, township 26 north The Clerk read the title of the bill. range 113 west, sixth principal meridian. ' SEC. 2. That the entry hereinafter named be, and the same is hereby The SPEAKER pro tempore. Is there objection to the pres validated, and the Secretary of the Interior authorized to issue patent ent consideration of the bill? [After a pause.] The Chair thereon upon submission of satisfactory proof of compliance with the bears none. law under which such entry was allowed: Desert-land entry, Phoenix, .Ariz., No. 031411, made by Isabelle S. The Clerk read as follows : Forest on January 10, 1920, for the southeast quarter of the northeast Be it enacted, etc., That the Secretary of the Treasury be, and he is quarter, section 23, township 14 north, range 4 east, Gila and Salt hereby, authorized and directed to pay and return to .Abraham Lei River meridian : Provided, That the payment of $1.25 per acre re bovitz the sum of $500 paid by said .Abraham Leibovitz to the United quired under the provisions of the desert-land law shall be in lieu of States on a judgment against him on the bail bond of Michael Taylor the like amount at which this land was appraised when open to entry. who was afterwards captured and returned to the United States officers SEC. 3. That the Secretary of the Interior be, and he is hereby by said Abraham Leibovitz. The sum of $500 is hereby a_ppropriated authorized to allow the following application to make entry: ' for said payment and return of said sum to said .Abraham ~ibovitz. Homestead application, Phoenix, Ariz., No. 039571, filed by Frank D. Thomas for the north half of the southeast quarter, section 9, town The committee amendment was read as follows: ship 1 south, range 2 east, Gila and Salt River meridian, subject to. the Strike out all after the enacting clause and insert the following: recl3;mation law, and to allow said entryman, in complying with the " That the Secretary of the Treasury be, and he is hereby authorized requirements of the homestead laws, credit for his residence upont im and directed to pay, out of uny money in the Treasury. not otherwise provement, and cultivation of said land prior to the date of this aci:. appropriated, the sum of $500 to Abraham Leibovitz, of Philadelphia, Pa., which sum was paid by him to the United States on a judgment The following committee amendments were read: against him on the bail bond of Michael Taylor, who was afterwards Page 4, after line 21, insert section 4, as follows: captured and returned to the United States officers by said Abraham· "SEC. 4. That the Secretary of the Interior be, and be is hereby, au Leibovitz." thorized to accept proof of residence of Mary E. Battles, formerly Mary El. · Burdett, upon the homestead entry of her husband, .Albert L. The amendment was agreed to. Battles, in lieu of residence upon her homestead entry, Portland, Oreg., The bill as amended was ordered to be engrossed and read a No. 054:73, made August 7, 1918, for the northwest quarter of section 11, third time, was read the third time, and passed. township 7 south, range 2 east, Willamette meridian, in· conformity with the election filed by her husband under the provisions of the act of On motion of Mr. EDMONDS, a motion to reconsider the vote April 6, 1914 (38 Sat. L. p. 312)." by which the bill was passed was laid on the table. The SPEAKER pro tempore. Without objection, the committee MRS. M. P. RODGERS . amendment is agreed to. The Clerk will report the next amend • The next business on the Private Calendar was the bill (H. R. ment. 4314) for the relief of Mrs. 1\.1. P. Rodgers.· The Clerk read as follows : l\ir. EDMONDS. Mr. Speaker, the gentleman from California Page 5, after line 13, insert section 6, as follows : [Mr. RAKER] not being present, I ask unanimous consent that " SEC. 5. That the Secretary of the Interior is authorized to issue a this bill be passed over. patent to Edwin Gantner upon homestead entry, Newcastle, 025304, embracing the west one-half section 26 and the north one-half section The SPEAKER pro tempore. Is there objection? [After a 27, township 52 north, range 74 west, sixth principal meridian, made pause.] The Chair hears none. by said Edwin Gantner, without requiring further residence." VALIDATING CERTAIN APPLICATIONS FOR AND ENTRIES OF PUBLIC The amendment was agreed to. LANDS. The Clerk reported the following committee amendment: TJ1e next business on the Private Calendar was the bill H. R. Page 5, after line 5, insert section 6, as follows : " SE'c. 6. That the Secretary of the Interior be, and he is hereby, 10419, validating certain applications for and entries of public authorized and directed to allow the additional homestead application lands.. of Otha Potter, Havre, Mont., No. 046297, as heir and legal repre The SPEAKER pro tempore. Is there objection? sentative of Rufus A. Potter, who was killed in action during the war with Germany, for the northwest quarter, the northwest quarter of the l\lr. CRAl\1TON. Mr. Speaker, reserving the right to object, southeast quarter, the northeast quarter of the southwest quarter of sec I would like to ask the gentleman from Indiana [l\fr. BENHAM] tion 26, the south half of the south half of section 23, and the east halt whether there are any of these cases that involve any fraud on of the northeast quarter of section 27, township 24 north, range 23 the part of the party now to be relieved? east, Montana principal meridian, subject to the act of Congress ap proved July 28, 1917 (40 Stat. L. p. 248)." Mr. BENHA.l\l. Mr. Speaker, we are assured by Assistant Secretary Finney, at whose request the bill was introduced, The amendment was agreed to. that in every instance the claimant bas a claim in equity, but, The bill as amended was ordered to be engrossed and read a owing to slight technicalities of law, the department is unable third time, was read the third time, and passed. to approve the claim without congressional action. Without objection, a motion to reconsider the vote by which the Mr. CRAMTON. All the items in the bill are recommended bill was passed was laid upon the table. by the department? The SPEAKER pro tempore. The Clerk will report the lUr. BENHAM. Not only recommended by the department, next bill. but have been gone over very carefully by the subcommittee, and NOLAN P. BENNER. in any case where there was any objection at all they have been The next business on the Private Calendar was the bill (H. R. eradicated. 3836) for the relief of Nolan P. Benner. Mr. CRA.MTON. Mr. Speaker, I withdraw the reservation. The SPEAKER pro tempore. Is there objection to the con The SPEAKER pro tempore. Is there objection? [After a sideration of the bill? [After a pause.] The Chair hears none. pause.] The Chair hears none. The Clerk will report the bill. The Clerk will report the bill. The Clerk read as follows: The Clerk read as follows: Be it enacted, etc., That the Secretary of the Treasury be, and be Be it enacted, etc., That the Secretary of the Interior be, and he is is hereby authe>rized and directed to pay to Second Lieut. Nolau P. hereby, authorized to issue patents upon the entries hereinafter named Benner, Quartermaster Corps, National Guard of Pennsylvania, for upon which proof of compliance with law has been filed, upon the pay services from August 1, 1917, to. December 19, 1917, performed under ment of all moneys due thereon: instructions of commanding general Seventh Division, who, under date Additional homestead enh·y, Blackfoot, Idnhol No. 018220, made by of J"uly 20, 1917, ordered said Second Lieut. Nolan P. Benner to re Ora R. Brower, for the heirs of Henry Brower, oeceased, on August 15, port to quartermaster, State Arsenal, Harrisburg, Pa., where he con 1914 under the act of June 17, 1910 ( 36 Stat. L. p. 531), for the tinued in service until notice of discharge, December 19, 1917. Amount east half of the northeast quarter and east half of the southeast quarter of pay for aforementioned services was disallowed by the Auditor for section 20, township 10 north, range 41 east, Boise meridian. ' the War Department because the records failed to show that he was Homestead entry, Miles City, Mont., No. 033305, made by Susanna held in service subsequent to July 31, 1917. McLain, on December 9, 1916, for tbe west balf of the west balf of sec tion 10, township 10 north, range 43 east, Montana principal meridian. The following committee amendments were read: Homestead entries, Roswell, N. Mex., Nos. 035320 and 037120, made Page 1, line 4, after the word "pay," insert "out of any money in by Alma E. Squire, for the south half of the northeast quarter, south the Treas.ury not otherwise appropriated." east quarter of the northwest quarter, east half of the southwest Line 7, after the word "Pennsylvania," insert "the sum of $656.40." quarter, north half of the southeast quarter, and southeast quarter of the southeast qua1·ter of section 7, the southwest quarter -0f section 8, The SPEAKER pro tempore. The question is on agreeing to an 1922. CONGRESSIONAL R~CORD-B;OUSE. 8507, The bill as amended was ordered to be engrossed and read a establish a medical school. That has been eliminated, and the third time, was read the third time, and passed. bill has been redrafted, so that there is no chance for anything On motion of Mr. GERNERD, a motion to reconsider the vote of that kind. by which the bill was passed was laid on the table. This society was incorporated in 1838 as the Medical Society J. W. HARRELD. of the District of Columbia, .and until 1896 it licensed doctors; l\Ir. GENSMA.N. Mr. Speaker-- but at that time the law was changed so that it could not issue The SPEAKER pro tempore. For what purpose does the licenses any more, and it became just a. medical society for gentleman rise? the purpose of keeping the ethics of the profession pure and l\fr. GENSMAN. To return to the bill numbered 223 on the clean. Calendar, H. R. 8025. Then there were two societies. They consolidated, and they The SPEAKER pro tempore. Is there objection? have constructed a building here in Washington. Under the l\1r. STAFFORD. Mr. Speaker, reserving the right to object, charter as it now stands they have been compelled to hold the the gentleman who objected to this bill is absent from the title to the building in trustees; and this amendment is only Chamber. I wish to inquire of the gentleman, although I for the purpose of perfecting their charter, so that this real estate, this property, can be held in the name of the society have no objection to the bill, if there was any reason in fact itself. - · for the position of the gentleman's colleague [Mr. HERRICK]. Unless that gentleman is present, or the gentleman has con Mr. STAFFORD. There is nothing in the rules of the House ferred with him and he has withdrawn his objection, I do not to prevent this bill being called up on District days or days think it is proper to return to the bill. given over to District business. Mr. GENSMAN.- I understand that thls is the Congress of Mr. MILLSP.A.UGH. .A.s the gentleman will understand, the the United States and people are supposed to be present. I District Calendar is very full indeed. I hope the gentleman am always here, and the gentleman from Wisconsin is always will not make any objection, because this society bas this here, and practically all the rest of the Members are always building practically completed at this time. here, and I ask to return to the bill. I recognize the fact, Mr. STAFFORD. On Monday this bill ca.n be brought up, if if the gentleman will permit me, that it is personal prejudice the gentleman and the members of the committee desire. against the Sena tor in this particular case. Mr. Speaker, I am constrained to object. Mr. STAFFORD. That may be true, but, nevertheless, un The SPEAKER pro tempore. The gentleman from Wisconsin der the circumstances I shall object. objects. The Clerk will report the next bill. DONATION OF GA.TES A.T HEAD OF WEST EXECUTIVE A.VENUE. EMMETT OTTO COONEY. The next business on the Private Calendar was the bill The next business on the Private Calendar was the bill ( H. R. 9746) for the relief of Equnett Otto Cooney. (S. 3046) to donate the gates at the head of West Executive The SPEAKER pro tempore. Is there objection to the con Avenue, in the city of Washington, D. C., to the Hayes Memo sideration of the bill? [After a pause.] The Chair hears rial Museum, Fremont, Ohio. none. The title of the bill was read. The Clerk will report the bill. The SPEAKER pro tempore. Is there objection to the pres The Clerk read as follows: ent consideration of this bill? Be it enacted eto., That the Secretary of the Interior be, and he is Mr. HILL. Mr. Speaker, reserving the right to object, if hereby, authorized1 and directed to issue patent to Emmett Otto these gates are taken down it would seem that the donation of Cooney for the southeast quarter of the southeast quarter section them to the Hayes Memorial Museum at Fremont, Ohio, would 34, east half of the east half, south half of the southwest' quarter and southwest quarter of the southeast quarter, section 35, township be perfectly proper; but I would like to know at first if it 4 south, range 21 east, Willamette meridian, being the land em has finally been decided that they should be taken down. It braced in his homestead entries 013424 and 015142, The Dalles, Oreg., seems to me these gates are a proper protection to Executive land di-strict, upon which he has submitted satisfactory proof of com pliance with the provisions of the homestead law. Avenue, on which the office of the President of the United States is located. I object to that being made an open-traffic The SPEAKER pro tempore. The question is on the en street, thus taking away the protection to the executive offices grossment and third reading of the bill.· that has been ai{orded by these gates for a generation. The bill was or ' ' .8508 CONGRESSIONAL RECORD-HOUSE. JUNE 9, have to be re.moved. When it wae determined that they must be Mr. 1:D:\IONDS. l\Ir. ,Speaker, I move that the House do removed an ell'ort was made to find some one who would pay some tliing to the Government for the privilege of taking the gates away, now adJourn. but it was found that no one would pay for the privilege, and, on the .The motion: was agreed to; ac~ordingly (at 4 o'clock and 55 contrwy, they expected us not only to give them the. gates but to pay mmutes p. m.) the House adjourned until Saturday, June 10, some one for taking them away. After these bids were received Colonel Hayes- came along with a 1922, at 12 o'clock noon. proposal to have them turned over to the Hayes Memorial Museum, and made such a request of the President. The President referred him to me, and I informed the President that I thought there would be no EL""'IBCUTIVE COMMUNICATIONS, ETC. objection to this procedure, in view of tne facts above outlined. I feel quite sure that these gates as they are at present are a menace to 633. Under clause 2 of Rule XXIV a letter from the Secretary the safety of the public, and I also feel quite confident that they are of War, transmitting draft of a bill or resolution transferring of no intrinsic value, and therefore think they should be given to the from the app~opriation "Arms, uniforms, equipment," etc.., to Hayes Memorial Museum and believe there could be no possible objec tion to unanimous agreement to turn. them over for this purpose. the appropnation "Arming, equipping, and training the National Very truly yours, Guard" for the fiscal year 1922 the amo'Q.llt o::li $175,000 (H. C. 0. SHERRILL, Doc. 337), was-taken. from. the Speaker's table, referred to the Lieutenant Colonel, Co1-ps of Engineers. Committee on Appropriations, and ordered to be printed. 1\fr. · MOORE of Virginia. If the gentleman will permit, I find that this is mandatoi:y upon the Chief of Engineers. It not only authorizes but directs the Chief of Engineers to give REPORTS OF COMl\HTTEES ON PUBLIC BILLS AND these gates away. RESOLUTIONS~ Mr. BEGG. Wait a moment Under clause 2 of Rule XIII, Jllr. HILL. May I say- that I wrote to Colonel Sherrill, and Mr. :McIUINZIE : Committee on· Military Affairs. H. R. I wrote to the Chief of Engineers- about it, because it seemed 11003. A bill to authorize and direct the Secretary of War to to me that these gates are a very proper protection to the sell to Henry Ford• nitrate- plant No. 1, at Sheffield, A.la.; ni executive privacy of the President. No attempt is made to take trate pl~nt No. 2, at Muscle Shoals, .Ala.; Waco Quarry, near down Temple Bar because ot changing traffic conditions. This Russellville, Ala. ; and to lease ta the corporation to be incoi· bill says that the Chief of Engineers is authorized and di porated by him Dam No. 2 and Dam No. 3 (as designuted1 in rected. If these gates are to be taken down, I have no objection H. Doc. 1262, 64th Cong., 1st sess.), including power stations to their being turned over as provided iIL this bill, and if the w~en- corrstructed as provided herein, and for other purposes; words " and. directed." are stricken from the bill I will not without amendment (Rept. No. 1084). Referred· to the Commit object to its considei·ation. tee of the Whole House on the state of the Union. 1\Ir. BEGG. I will accept that and ofl:er such an amendment. ~Ir. LANGLEY: Committee on Public Buildings and Grounds. The SPE.Alm.R pro tempore. Is there objection? S. 3163. An act to amend. an a.et approved l\Iarch 4· 1913 efu 1\Ir. MOORES of Indiana. I object. titled "An act to increase the limit of cost of certain.' buuilings, The SPEAKER pro tempore. The gentleman from Indiana to authoi::ize the enlargement, extension, remodeling, or im objects. The Clerk will call the next bill. provement of certain public buildings, to authorize the erection and completion of public buildings1 to authorize the purcha e of PUBLIC-SCHOOL Sl!E IN THE STATE OF WASHINGTON. sites for public buildings, and for other purposes"; without The next busine s on the Private Calendar was the bill amendment (Rept. No. 1085). Referred to the Committee of the (H. R. 10841) authorizing the transfer of 500 feet of Indian Whole House on the tate of the Union. land, in the State of Washington, for a public school to which Indian children, shall be admitted without payment of tuition. The Clerk read the title of the bill. PUBLIC BILLS, RESOWTIONS, AND MEMORIALS. The SPEAKER pro tempore. Is there objection? Under clause 3 of Rule XXII, bills, resolutions, and memorials Mr. CRAMTO,N. Mr. Speaker, reserving the right to object, were introduced and. severally referred as follows : I should like to have some information about this school propo By l\Ir. WHITE of Maine: A bill (H. R._11964) to amend an sition. If the author of the bill is not present, I will ask act to regulate radio communication, approved Au~t 13 1912, that it be passed over. • and for other purposes ; to the Committee on the Merchant The SPEAKER pro tempore. Without objection, the bill will Marine and Fisheries. be passed over and the Clerk, will report the next bilI. By l\Ir. KELbY of Pennsylvania.: A bill (H. R. 11965) to amend the provisions of ection.1101 ot the. revenue act of 1917, SENAII'E BILLS REFERRED. by striking out the provision which increased the rate on second Under clase 2 of Rule XXIV, Senate bills of the following class postage, July 1, 1920, and July 1, 1921, and by making titles were taken from the Speaker's table and referred to effective the rates provided in said bill for the period betw.een their appropriate committees, as indicated below : July 1, 1919, and July 1, 1920; to• the Committee on the Post S. 3458. An act to authorize the Niagara River Bridge Office· and Post Roads. Co. to reconstruct its present bridge across the Niagara River By Mr. RIDDICK: A bill (H. R. 11966) defining the crop between the State of New York and the Dominion of Canada, failure in the production of wheat, rye, barley, oats, and flax r to remove its present bridge and construct, maintain, and by those to whom the Government of the United States loaned operate a new bridge across the said river; to the Committee money, under the act of March 3, 1921, fol'· the purchase of on Interstate and Foreign Commerce. wheat, rye, barley, oats, or flax for seed, and for other S. 3620. An act to authorize the conRtruction of a bridge plli'po e ; to the Committee on Agriculture. across Pearl River at or near Tilton, Lawrence County, Miss.· By Mr. GOODYKOO.NTZ: A bill (H. R. 11967') to enlarge to the Committee on Interstate and Foreign Commerce. ' the powers of the juvenile court of the District of Columbia; S. 2168. An act for the relief of\ Jesse C. Dennis and William to the Committee on the Judiciary. · By Mr. FOCHT: A bill (H. R'. 11968) to amend an act of Rhett Eleazer ; to the Committee on Claims. Oongre s approved June 18, 1898, entitled "An act to regulate HORACE G. KNOWLES. plumbing and gas fitting in the District of Columbia " ; to the The next business on the Private Calendar was the bill (H. Committee on the District of· Columbia. R. 8656) for the relief of Horace G. Knowles. By Mr. MILLSPAUGH: A bill (H. R. 11969) to amend the The Clerk read the title of the bill. Code of Law for the District of Columbia and provide for the l\.1r. STAFFORD. 1\1r. Speaker, I make the point of order incorporation and regulation of banks in said District ; to the that there is no- quorum present. Committee on Banking and Currency. By l\lr. WALSH: A bill (H. R. 11970) to establish a bureau The SPEAKER pro tempore. Will the gentleman withhold for th~study of criminal, pauper, and defective classes; to the that a moment? Comnnttee on the .Judiciary. Mr. STAFFORD. I will withhold the point for a moment. By Mr. .ll\"'DREWS of Nebraska: A bill (H_ R. 11971) for ~AVE OF ABSENCE. publicity of contributions made for the purpose of influencing general or special elections at which Representatives in Con Ily unanimous consent, leave of absence was granted.to- gress and ~fembers of the United States Senate are elected; 1\Ir. CROWTHER, for two weeks, on account of important to the Committee on. Election of President, Vice Pl."esident, business. and Repre entatives in Congress. AD.TOURNJ\f:ENT. By Mr. 1\IADDE,,r: A joint resolution (I[ J. Res 345) creat The SPEAKER pro tempore. The gentleman. from Wis ing a. commission. to prepare plans. for and to e:rect a monument consin makes tlle point of order· tllat there is no quorum in the city of W asbington to the memory of Pietro Alonzo; and pre ent. for other purposes; to the Committee on. tli.e Libi:ary. 1922. CONGRESSIONA1' RECORD-SENATE. 8509 PRIVATE BILLS AND RESOLUTIONS. SENA.TE. Under clause 1 of Rule XX.II, private bills and resolutions were introduced and severally referred as follows: 8ATU1IDAY, June 10, 1922. By Mr. BLAND of Indiana: A bill (H. R. 11972) for the (Legislative day of Thursday, .April 20, 1922.) relief of the heirs, assigns, and legal representatives of Peter The Senate met at 11 o'clock a. m., on the expiration of the Lisman ; to the Committee on the Public Lands. recess. By Mr. FOCHT: ~I\. bill (H. R. 11973) granting an ;ncrease Mr. CURTIS. Mr. President, I suggest the absence of a of pension to Caroline Candus Criswell; to the Comrrnttee on quorum. Invali<'.I. Pensions. The VICE PRESIDENT. The Secretary will call the roll. By Mr. GOULD: A bill (H. R. 11974) granting a pension to The reading clerk called the roll, and the following Senators Emma A. Carl ; to th'e Committee on Invalid Pensions. . answered to their names: B:v Mr. McPHERSON: A bill (H. R. 11975) granting a Borah Hale McKinley Spencer pension to Mary L. Speer; to the Committee on Invalid Pen- Brandegee Harris McLean Sterling sions. . . Broussard Harrison McNary Sutherland Also, a bill (H. R. 11976) granting a pension to Cora Wilhite; Cameron Heflin Nelson Swanson Capper Johnson Newberry Townsend to the Committee on Invalid Pensions. Culberson Jones, N. Mex. Norris Underwood Also, a bill (H. R. 11977) granting a pension to Francis S. Curtis Jones, Wash. Oddie Walsh, Mass. Dial Kendrick Overman Walsh, Mont. Gooding ; to the Committee on Invalid Pensio!ls. . Dillingham Keyes Phipps Warren Also, a bill (H. R. 11978) granting a pension to Martha Kai- Elkins King Poindexter Watson, Ga. ley ; to the Committee on Invalid Pensions. . Ernst Ladd Rawson Watson, Ind. Fernald La Follette Sheppard Williams By Mr. MICHENER: A bill (H. R. 11979) grantmg a pen France Lenroot Shortridge Willis sion to Elsie V. Reinhart; to the Committee on Invalid Pen- Frelinghuysen McCormick Simmons sioo& • Gerry McCumber Smoot By Mr. MOORE of Illinois: A bill (H. R. 11980) grantmg a Mr. UNDERWOOD. I wish to state that the senior Senator pension to Mary A. Wylie; to the Committee on Invalid Pen from Florida [Mr. FLETCHER] is absent on account of illness. • sions. I ask that this announcement stand for the day. By Mr. MORGAN: A bill (H. R. 11981) granting a pen The VICE PRESIDENT. Fifty-eight Senators have an sion to Adelaide Thacker; to the Committee on Invalid Pen swered to their names. A quorum is present. sions. PROH:~JHTION ENFORCEMENT. By Mr. SPEAKS: A bill (H. R. 11982) granting an increase of pension to S. Harriet Morris; to the Committee on Invalid Mr. STERLING. Mr. President, quite recently the l\fanufac Pensions. turers' Record, one of the leading business journals of the coun try, made a survey of the country to ascertain the valu~ of pro hibition ~nd prohibition enforcement. The survey, I thmk, ~as PETITIONS, ETC. quite complete. I have here a digest of the survey. I thmk, Under clause 1 of Rule XXII, petitions and papers were laid because of the great public interest in the matter, it ought to on the Clerk's desk and referred as follows: be printed in the CONGRESSIONAL RECORD, and I therefore ask 5960. By the SPEAKER (by request) : Petition of R. W. unanimous consent that it be so printed. Kingsley, 43 East Thirty-eighth Street, New York City, urging The VICE PRESIDENT. Is there objection to the request that before the United States as a Nation may declare war on of the Senator from South Dakota? any other nation the issue must first be submitted to voters of Mr. UNDERWOOD. I have no objection to printing any the Republic for their affirmative approval or disapproval; to thing in the RECORD that is for the information of the public, the Committee on the Judiciary. · but in order that we may have an understanding of the weight 5961. Also (by request), resolution adopted by the Greater of the digest because in digesting an article it may be digested Chicago Federation, urging the third Sunday in June to be one way or ~nother I would like to ask who did the digesting? designated as Mothers' Day; to the Committee on the Judi Mr. STERLING. ' I am not able to say who did the digesting, ciary. but I think it is a fair digest because my attention was called to the original article in the Manufacturers' Record. I think 5962. Also (by request), resolution passed by the council of it is a fair digest because it gives exact quotations from the the city of Pittsburgh, urging Congress to take early action for article. complete canalization of the Ohio River; to the Committee on Rivers and Harbors. Mr. UNDERWOOD. I have no objection to the printing of it except that if we knew who digested the article we might 5963. By l\fr. CAREW : Resolution passed by the council of know at what angle the work was built upon. the city. of Pittsburgh, urging Congress to complete the canali Mr. STERLING. I am not able to tell the Senator. zation of the Ohio River; to the Committee on Rivers and There being no objection, the matter was ordered to be Harbors. printed in the RECORD, as follows : . 5964. By Mr. CRAGO : Resolution adopted by the city coun PROHIBITION DECLARED A SUCCESS BY THE LEADING BUSINESS MEN 011' cial of Pittsburgh, urging that early action be taken for com THE NA'.l.' ION. plete canalization of the Ohio River as planned by the Corps The Manufacturers' Record, one of the leading business journals of of Engineers of the United States Army; to the Committee on the Nation, recently made a survey of the c_ountry to ascerta.in t.he Rivers and Harbors. value of prohibition. Its effect on the economic, moral, and social llfe of the Nation is printed in May, 1922. 5965. By Mr. DAVIS of Tennessee: Resolution of the Ten What the New York Evening Post says of the verdict: nessee State Dental Society, indorsing Ford's offer for Muscle "It is a total fallacy, of course, to suppose that prohibition came Shoals ; to the Committee on Military Affairs. suddenly or was in any sense a product of the war. The prohibition movement became influential in the Middle West soon after 1880, 5966. By Mr. KISSEL: Petition of Biochemical Food Prod quickly invaded the South, and had made 32 States ' dry ' when the ucts Corporation, Chicago, 111., relative to freight rates; to the eighteenth amendment was ratified. Counting local option territory, Committee on Interstate and Foreign Commerce. by 1919 no less than nine-tenths the area and two-thirds the people of the United States were ' dry.' Nor was the movement against the 5967. Also, petition of Henry Ford, of Dearborn, Mich., rela saloon a mere 'moral-uplift' movement. On the contrary, the political tive to his offer for Muscle Shoals; to the Committee on Mili motive-dislike of liquor influences-was decided, and the economic tary Affairs. motive stronger yet. "It is this economic element that the letters to the Manufacturers' 5968. Also, petition of city clerk, Pittsburgh, Pa., transmit Record emphasize. 'Unmistakable advantages and relief,' writes a ting resolution adopted by the council of the city of Pitts Milwaukee farm-implement maker : ' drunkenness has lessened 100 per burgh, urging Congress to take early action for complete cent,' says a Tacoma steel manufacturer; ' the effect on labor and the saving of money have been wonderful,' t estifies a Denver banker; canalization of the Ohio River; to the Qommittee on Rivers ' trouble among employees from liquor has almost disappeared,' de and Harbors. clares a Pittsburgh oil man ; ' there is nothing which has so helped cotton mills,' says a Birmingham mill owner ; and so runs the verdict 5969. By Mr. MACGREGOR: Petition of Kate L. Weed and from a hundred cities." Edith Weed, of Buffalo, urging the United States to do all In a careful compilation of all replies received by the Manufacturers' that justice and mercy require in behalf of the affiicted nation Record on the prohibition question, the tabulation gives the follow of Armenia ; to the Committee on Foreign Affairs. ing remarkable results in percentages to the total: Per cent. 5970. Also, petition of John W. Wargin, deputy city clerk of For prohibition in some form ______9t gg Buffalo, transmitting a communication from the commissioner 85. 50 of public affairs re tariff on building material ; to the Com For~:~~~ic~ro:;~!?b~tlo~======beer and wine______7. 00 mittee on Ways and Means. .Against Volstead law or present regulations______1. 25