574 CO:NGRESSIONAL RECORD-SENATE. DECEMBER 19,
By Mr. GARNER: Paper to accompany bill for relief of for surviving generals of said Volunteer Army-to the Com Ambrose Burton-to the Committee on Pensions. mittee on Military Mairs. By Mr. GAINES of Tennessee: Paper to accompany bill for Also, letters from Charles Francis Adams and others, request relief of John S. Hart-to the Committee on War Claims. ing Congress to pass an act to create a volunteer retired list- - By Mr. GAINES of West Virginia: Paper to accompany bill to the Committee on Military Affairs. - for relief of John E. Hardway-to the Committee on War By Mr. NEVIN: Petition of Growers and Packers of Leaf Claims. Tobacco of the Miami Valley, against reduction of tariif on By Mr. GRAHAM: Petition of the American Bar Association Philippine tobacco-to the Committee on Ways and Means. and others, favoring permanency of bankrupt act-to the Com- By Mr. PADGETT : Paper to accompany bill for relief of mittee on the Judiciary. . Thomas Dunn-to the Committee on Invalid Pensions. Also, petition of Aspinwall Council, No. 238, Junior Order Also, paper to accompany bill for relief of Victoria Bishop United American Mechanics, favoring restriction of immigra to the Committee on Pensions. tion-to the Committee on Immigration and Naturalization. By Mr. P .A.TTERSON of Pennsylvania: Petitions of Niobrara Also, petition of Gordon Choctaw Game Preserve, for appro Tribe, No. 373, Improved Order of Red Men, of Tremont, Pa. ; priation. to create game preserve of 100,000 acres from lands of Reiner City Council, No. 370, Junior Order United American the Choctaw and Chickasaw tribes-to the Committee on Indian Mechanic-s; Washington Camp, No. 145, Patriotic Order Sons of Affairs. America, of Hegins, Pa. ; G. W. Osman and others, of Hegins, Also, petition of Eastern Oklahoma Miners' Association, Pa.; Washington Camp, No. 72, Patriotic Order Sons of against grant of mineral lands to Oklahoma-to the Committee America, of Delano, Pa., and Harry E. Shafer and others, of on Mines and Mining. Delano, Pa., favoring restriction of immigration-to the Com By Mr. GROSVENOR: Petition of National Grange of Pa mittee on Immigration and Naturalization. trons of Husbandry, at Atlantic City, November 20, 1905, for By Mr. RIXEY: Paper to accompany bill for relief of W. A. removal of tax on denaturized alcohol rendered unfit for a McDonald, Lignum, Va.-to the Committee on Invalid Pensions. beverage-to the Committee on Ways and Means. Also, paper to accompany bill for relief of E. P. Macon By Mr. HALE : Petitions of Council No. 28, of Oneida ; aughey-to the Committee on Invalid Pensions. Council No. 85, of Winfield; Council No. 26, of Knoxville; Coun By Mr. SHARTEL: Petition of citizens of Monette, Mo., fa cil No. 26, of Coal Creek; Council No. 54, of Louisville; Council voring restriction of immigration-to the Committee on Immi No. 106, of Sharps Chapel, and Council No. 81, of Wellsville, all gration and Naturalization. in Tennessee, Independent Order of United American Mechanics, By Mr. SHERMAN : Petition of the Seminole tribe, for inde favoring restriction of immigration-to the Committee on Im pendent statehood for Indian Territory-to the Committee on migration and Naturalization. the Territories. By Mr. HAY: Paper to accompany bill for relief of Daniel By Mr. SMITH of Arizona: Petition of the board of super Cullers-to the Committee on War Claims. visors of Yavapai County, Ariz., against jointure of statehood By Mr. HENRY of Texas: Paper to accompany bill for relief with New Mexico-to the Committee on the Territories. of Abraham Baggett-to .the Committee on Pensions. By Mr. SPERRY: Petition of the common council of Hart By Mr. HINSHAW: Petition of John Evans Lodge, No. 751, ford, Conn., for a government forest reserve in New Hamp of Diller, Nebr., favoring restriction of immigration-to the shire-to the Committee on Agriculture. Committee on Immigration and Naturalization. · Also, petition ·of the Municipal Art Society, of Hartford, Conn., Also, newspaper article, Cheyenne, Wyo., for use of steel cars for preservation of American forests-to the Committee on in postal railway service-to the Committee on the Post-Office Agriculture. and Post-Roads. Also, petition of the Municipal Art Society, of Hartford, Conn., By Mr. KAHN : Petition of the Presidio Heights Improve against commercial spoliation of Niagara Falls-to the Com ment Club, of San Francisco, for appropriation for improve mittee on Rivers and Harbors. ment of the Presidio-to the Committee on Agriculture. Also, petition of Putnam Council, No. 19, Independent Order Also, petition of the Association of Wholesale Grocers of Cali of United· American Mechanics, of Wallingford, Conn., favoring fornia, against a duty on tea and co1ree-to the Committee on restriction of immigration-to the Committee on Immigration Ways and Means. · and Naturalization. Also, petition of Sequoia Parlor, No. 160, of San Francisco, Also, petition of citizens of Wallingford, Conn., favoring re Cal., favoring restriction of immigration-to the Committee on striction of immigration-to the Committee on Immigration Immigration and Naturalization. and Naturalization. By Mr. KNAPP: Paper to accompany bill for relief of Louis By Mr. SULLIVAN of New York: Petition of the Chamber Orthleib-to the Committee on Pensions. of Commerce of Pittsburg, favoring tari1r revision and reci Also, paper to accompany bill for relief of Amanda Hoover procity with certain European governments-to the Committee to the Committee on Pensions. on Ways and Means. By Mr. KNO'WLAND: Paper to accompany bill for relief of Also, petition of the Trans-Mississippi Commercial Congress, A. M. Clay-to the Committee on Pensions. for liberal appropriations for improvement of harbors of Gulf Also, paper to accompany bill for relief of Herman A. Kim of Mexico and Pacific coast and for the Columbia River-to ball-to the Committee on Invalid Pensions. the Committee on Rivers and Harbors. By Mr. LACEY : Paper to accompany bill for relief of Wilson By Mr. SULZER: Petition of the United Confederate Vet- " B. George-to the Committee on Military A1rairs. erans, urging provision for caring for graves of Confederate Also, petition of the American Society of the Isle of Piues, soldiers-to the Committee on Military Affairs. against cession of said island to Cuba-to the Committee on Foreign Affairs. -Also, petition of Chamber of Commerce and Board of Trade SENATE. of Denver, Colo., favoring creating of the Mesa Verde National Park-to the Committee on the Public Lands. TuEsDAY, December 19, 1905. By Mr. LEVER : Papers to accompany bill (H. R. 8122) pro Prayer by the Chaplain, Rev. Enw ARD E. HALE. viding for the erection of a public building at Sumter, S. C.-to 'l'he Secretary proceeded to read the Journal of yesterday's the Committee on Public Buildings and Grounds. proceedings, when, on request of Mr. KEAN, and by unanimous By Mr. LINDSAY: Petition of the United Confederate Vet consent, the further reading was dispensed with. erans, for an appropriation to care for the graves of Confed erate soldiers-to the Committee on Military AO::airs. TRANSPORTATION OF COAL A D MINE S UPPLI ES . Also, petition of Joseph H. Gleisch and others, for repeal of Tile VICE-PRESIDENT laid before the Senate a communica the duty on hides-to the Committee on Ways and Means. tion from the chairman of the Interstate Commerce Commis ion, By Mr. MAHON: Petition of Orbisonia Lodge, Independent transmitting, in response to a resolution of the 16th instant, Order of Odd Fellows, favoring restriction of immigration-to the record, testimony, and opinion of the Commission in the the Committee on Immigration and Naturalization. matter of alleged unlawful rates and practices in the transporta Also, petition of Washington Camp, No. 604, of St. '£homas, tion of coal and mine supplies by the Atchison, Topeka and Pa., and Orbisonia Lodge,_ No. 640, Orbisonia, Pa., Patriotic Santa Fe Railway Company, and reque ting that the original Order -sons of America, favoring restriction of immigration papers be returned; whicl'~ with the accompanying papers, was to the Committee on Immigration and Naturalization. referred to the Committee ~n Inter tate Commerce, and ordered By Mr. MANN: Petition of John· -L. Beveridge and 95 other to be printed. generals of the Volunteer Army of the United States of the 'The VICE-PRESIDEN'l~. In accordance ·with the request civil war, requesting the creation of a volunteer retired list stated in the letter of transmittal the original papers will be 1905. CONGRESSIO·NAL RECORD-SENATE.. 575
preserved and returned to the Interstate Commerce Commission [Certificate of certified copy.] after having been printed. STATE OF ID..U~O,. Office of the Secretary of Stat:e: COLT. W. SYMONS. I, Will H. Gibson, secretary of the State of Idaho, do hereby certify that the annexed is a full, true, and complete transcript of house con The VICE-PRESIDENT laid before the Senate a communi current resolution No. 4, by Thomas, passed the house of representa cation from the Secretary of State, requesting, pursuant to law, tives January 20, 1005; passed the senate March 3, 1905 ~ filed in the office of the secretary of state March 4, 1905. that permission be granted by Congress to Col. T. W. Symons, In te timony whereof I have hereunto set my hand and affixed the United States Army, to enable him to accept the decoration of great seal of the State. Done at Boise City, the capital of Idaho., thls the Order of the Double Dragon conferred upon him by the 4th day of March, A. D. 1905. _ Chinese Government; which, with the accompn.nying paper, [sEAL.] WILL H. GIBSON, Secretary of State. was referred to the Committee on Foreign Relations, and ordered House concurrent resolution No. ~ (by Thomas). Whereas steps have been taken by tht! National Congress, now assem to be printed. bled in Washington, toward enlarging the powers of the Interstate COMMANDER WILLIAM G. CUTLER. Commerce Commission in accordance with the. ideas of. President Roose velt: Therefore, be it The VICE-PRESIDENT laid before the Senate a communica Resolved, That our Representatives in Congress from Idaho be re tion from the Secretary of State,. requesting, pursuant to law, quested to uphold the hands of our President in this movement ~ and that permission be granted by Congress to Commander William be it further Resolved, That a copy of this resolution be sent each of our Senators G. Cutler, United States Navy, to enable him to accept the in and Representatives in Congress. signia of the Legion of Honor conferred upon him by the Gov This house concurrent resolution passed the house of representatives. ernment of France; which, with the accompanying paper, was on ·the 20th day of January, 1905. J"AMES F. HUNS, referred to the Committee on Foreign Relations, and ordered to Speaker of the House of RepresentaUves. be printed. This house concurrent resolution passed the Senate on the 3d day of LIEUT. GEN. A. ~· CHAFFEE. March, 1905. The VICE-PRESIDENT laid before the Senate communica B: L. STEVES~ President of the Senate. • a I hereby certify that the within bouse concurrent resolution, No. 4. tion from the Secretary of State, requesting, pursuant to law, that originated in the bouse of representatives of the legislature of. the State permission be granted by Congress to Lieut. Gen. A.. R. Chaffee, of Idaho during the eighth session. United States Army, to enable him to accept the commission and . WILl. H. SHERlER, Ohief Olerk of the House of Representa.tives. insignia of the office of Grand Commander of the Legion of aonor conferred upon him by the French Republic in recogni Mr. HEYBURN presented a petition of the legislature of tion of his recent visit to France as the head of the special mis South Dakota, praying for the passage of the so-called " pure sion of American Army officers to witness the grand maneuvers food bill; , .. which was ordered to lie on the table, and to be. of the French army; which, with the accompanying paper, was printed in the RECORD, as follows: referred to the Committee on Foreign Relations, and ordered to [State of South Dakota, department of state.I UNITED STATES OF AMERICA, be printed. State of South Dakota-, Secretary's Office: PURCHASE OF SUPPLIES FOB INDIANS. I, D. D. Wipf, secretary of state of South Dakota and keeper of the The VICE-PRESIDENT laid before the Senate a communica great seal thereof, do hereby certify that the attached instrument of writing is a true and correct copy o1 house joint resolution No. 10 tion from the Secretary of the Interior, transmitting, a compli as passed by the legislature of 1905-, and of the whole thereof, and has ance with section 2 of the Indian appropriation act of .March 3, been CQ1D\)ared with the original now on file in this office. 1905, a letter from the Commissioner of Indian Affairs sub In testimony whereof I have hereunto set my hand and affixed the great seal of the State of South Dakota. Done at the city of Pierre mitting a statement showing the open-market purchases in ex this 1st day of March, 1905. cess of $500 on account of exigency ; which, with the accompany [SEAL.] D. D. WxPF, Secretary of State. ing paper, was referred to the Committee on Indian Affairs, and A joint resolution memorializing the Senate of the United States to speedily enact legislation prohibitrn .~ interstate commerce in adul ordered to be printed. terated, misbranded foods, drugs, medicines. PE-TITIONS AND MEMORIALS. Be it resolved by the house of representatives (the senate concur- •. . ring), That the legislature of the State of &>uth Dakota, having here- The VICE-PRESIDENT presented a memorial of th~ National tofore enacted laws for the protection of the people against adulter Firemen's Association, of Kan as City, Mo., remonstrating 1 at.ed, misbrande?. and deleterious !
of Pennsylvania, praying for the adoption of an amendment to tipsy at roll call in garrison in time of peace. This man was the Constitution to prohibit polygamy; which were referred to one of the most gallant soldiers who fought _in the civil war. the Committee on the Judiciary. He was twice promoted for gallantry, on the field. His com - He also presented a petition of the General Assembly of the mander recommends the pas_sage ot. the bill for his relief. It Presbyterian Church of the United States, in session at Pitts carries no money and no ·promotion, but it merely relieves the burg, Pa., praying for the enactment of legislation to prohibit family of the stairi and enables them to associate with the fam the sale of intoxicating liquors in the Indian Territory when ilies of the fellow-soldiers of the dead man. That is the whole admitted to statehood; which was referred to the Committee of the bill, and I ask that it \>e passed now. on Territories. The VICE-PRESIDENT. The Senator from Alabama asks He also presented a petitiOn or George Washington Council, unanimous consent for the present consideration of the bill No.~. Junior Order of United American .Mechanics, of Sharps reported by him. burg, Pa., praying for the enactment of legislation to r~trict Mr. FRYE. Let it be read for information. immigration; which was referred to the Committee on Immi The VICE-PRESIDENT. The Secretary will read the bill. gration. The Secretary read the bill, as follows : · He also presented a petition of sundry citizens of Oil City, Be it enactea, etc., That the President ls hereby authorized to reTiew Pa., prayin~ for the enactment of legislation to prohibit the sale and reToke the order ot eourt-mutial ot William H. Hugo, late a lieu of intoxicating liquors in Government buildin~;s, grounds, and tenant ot caTalry in the Army ot the United States, and the status o! the said William H. Hugo shall be as though he had never been sepa ships; which was referred to the Committee on Public Build- rated trom the service ot the United States: Provtded, That no pay, ings and Grounds. . . bounty, or other emoluments &hall accrue or become payable by virtue He also presented a petition of the Woman's Club of Wilkins ot the pusage ot this act. burg, Pa., and a petition of the congregation of the Presbyte 'l'he VICE-PRESIDENT. Is there objection to the present rian Church of LoysTille, Pa., praying for an invespga.tion of consideration of the bill? . . . . _ · tlie charges made and filed against Hon. REED SMoOT, a Senator There bein!l no objection, the ·bill was considered as in Com from the State of Utah; which were· referred to the Committee mittee of the Whole. on Privile~es and Elections. The bill was reported to the Senate without amendment, or He also presented memorials of Easton DiTision, No. 250, of dered to be engrosied for a third reading, read the third time, Easton ; of Hazleton DiTision, No. 316, ·of Ila~leton, and of Val and passed. ley Subdivision, No. 678, of Pennsylvania, all of the Brother ELIZA ..l.. LEMON. hood of LocomotiTe Engineers, in the State of Pennsylvania, Mr. K.EA.l~, from the Committee to Audit and Control the Con remqnstrating against the passage of the so-called " Esch-Town tingent Expenses of the Senate, to whom was referred the resolu send railroad-rate bill;" which were referred to the Committee tion submitted yesterday by Mr. ScOTT, reported it withont on Interstate Commerce. · . amendment; and it was considered by unanimous consent, and He also presented petitions· of the Civic Club, of Harrisburg; agreed to; as follows : of the Civic Improvement .A.iilsociation, of Hollidaysburg; of the Resolved, That the Secretary ot the Senate be, and he hereby is, au Reading Circle of Newcastle, and of sundry citizens of Phlla thorized and directed to pay to Eliza A. Lemon, widow of H. H. Lemon, delphia and Mercer, all in the State of Pennsylvania, praying late a member ot the Capitol police force, · a sum equal to six months' salary at the rate he was receiving by law at the time ot his demise, "for the enactment of legislation to prevent the impending de said sum to be considered as including funeral expenses and all-other struction of Niagara Falls on the American side ; which were allowances. referred to the Committee on :B..,orest Reservations and the BILLS INTRODUCED. Protection of Game. Mr. FRYE introduced the following bills; which were sev He also presented petitions of the Philadelphia Branch, Na erally read twice by their titles, and referred to the Committee tional Indian Association, of Philadelphia; of the Indian Asso on Pensions : ciation of Pittsburg and Allegheny ; of the Indian Association of A bill (S. -2213) granting a pension to Sarah 1\f. Howard (with Bethlehem, and of S. Newlin, of Philadelphia, .all in the State accompanying papers) ; and of Pennsylvania, praying that an appropriation be made for the A bill ( S. 2214) granting an increase of pension to Francis purchase of small land holdings for the landless Indians of F. Stevens (with an accompanying paper). northern California; which were referred to the Committee on Mr. CULLOM introduced a bill (S. 2215) for the relief of A. Indian Atrairs. W. Walburn; which was read twice by its title, and referred He also presented petitions of Exeter Grange, No. 668, of to the Committee on Finance. Exeter; of Iona Grange, No. 272, of Towanda; of Richland He also introduced a bill ( S. 2216) granting an increase of Grange, No. 1206, of Richland Center, and of Allegheny Grange, pension to David W. Magee; which was read twice by its title, No. 1208, of Kinzua, all Patrons of Husbandry, in the State of and, with the accompanying paper, referred to the Committee on Pennsylvania, praying ·for the enactment of legislation to Pensions. amend the present oleomargarine law by striking out the word Mr. DILLINGHAM introduced a bill (S. 2217) for the relief "knowingly; '' which were referred to the Committee on Agri of Bird L. Fletcher; which was read twice by its title, and re culture and Forestry. ferred to the Committee on Military Affairs. REPORTS OF COMMITTEES. Mr. ALGER introduced the following bills; which were sev Mr. W .A.RREN, from the Comtnittee on Military Affairs, to erally read twice by their titles, and referred to the Committee whom was referred the bill ( S. 1539) to increase the efficiency on Pensions : of the Medical Department of the United States Army, reported A bill ( S. 2218) granting an increase of pension to Hiram R. it without amendment, and submitted a report thereon. Ellis; Ile also, from the same committee, to whom was referred the A bill (S. 2219) granting an increase of pension to George W. bill ( S. 1540) to increase the efficiency of the Ordnance Depart Bannon; and ment of the United States Army, reported it without amend- .A. bill (S. 2220) granting an increase of pension to David 0. ment, and submitted a report thereon. . Ramsey. Mr. ELKINS, from the Committee on Commerce, to whom Mr. ELKINS inb·oduced the following bills; which were sev -was referred the bill (S. 979) to amend an act entitled ".A.n act erally read twice by their titles, and referred to the Committee authorizing the Winnipeg, Yankton and Gulf Railroad Company on Pensions : to construct a combined raili.-oad, wagon, and foot-passenger A bill (S. 2221) granting an increase of pension to John F. bridge across the Missouri River at or near the city of Yank Sacks; . · . ton, S. Dak.," reported it with an amendment, and submitted a .A. bill ( S. 2222) granting a pension to Isabell Reckner ; A bill ( S. 2223) granting an increase of pension to James C. ~eport thereon. Plybon; WILLIAM H. HUGO, DECEASED. A bill (S. 2224) granting a pension to Isaac W. ~len; 1\lr. PETTUS. Mr. President, from the Committee on Mili A bill (S. 2225) granting an increase of pension to Samuel tary Affairs I report back favorably, without amendment, the White; bill (S. 1370) for the relief of William H. Hugo, deceased. · A bill ( S. 2226) granting a pension to John T. Hudson (with . I ask for the present consideration of the J:?ill. A bill on the an accompanying paper) ; srune subject has passed the Senate, I believe, at every session A bill ( S. 2227) granting a pension to Daniel :M:. Yeager; since I have been here. It proposes to relieve Lieutenant Hugo, A bill ( S. 2228) granting a pension to Leonidas H. Cook: who, in 1881, was cashiered and dismissed from the service by A bill (S. 2229) granting an increase of pension to William a military court-martial in time of peace, in New Mexico. His I. Hilkey; and . . commander has recommended the passage of the bill in the . A bill (S. 2230) for the relief of Capt. Isaac .A.lt's coin11any most earnest words. The bill merely relieves this man, now (B) Forty-sixth Regiment West Virginia Volunteer · Militia. dead, of the stain of that court-martial. His offense was being (with accompanying papers). 1905. eONGRESSION:AL- RECORD- SENATE: -577
Mr. ELKINS introduced the following bills; which were sev Mr. GALLINGER introduced a bill (S. 2260) authorizing the era1ly read twice by their titles, and referred to the Committee extension of :Meridian place NW.; which was read twice by on Claims: its title, and referred to the Committee on the District of A bill (S. 2231) for the relief of the trustees of the Methodist Columbia. Episcopal Church at Keyser, formerly New Creek, W. Va.; Mr. DOLLIVER introduced a bill (S. 2261) to amend an act A bill ('S. 2232) for the relief of Jane C. Surber (with accom entitled "An act to regulate commerce," appro'ed February 4, panying paperttr) ; 1897, and all acts amendatory thereof; which was read twice A bill (S. 2233) for the relief.of the estate of Jacob J. Fore- by its title, and referred to the Committee on Interstate man, deceased ; Commerce. A bill (S. '2234) for the relief of Martina Nieto; Mr. HALE introduced a bill ( S. 2262) for the relief of Pay A bill ( S. 2235) for the relief of Kaenhappauch Thomas; Director E. B. Rogers, United States Navy; which was read A bill ( S. 2236) for the relief of Louis F. Brooks; twice by its title, and referred to the Committee on Naval A bill (S. 2237) for the relief of D. B. ·Barbour and A. P. Affairs. Gladden, copartners doing business under the firm name of He also introduced a bill ( S. 22G3) granting an increase of Brown, Barbour & Gladden ; pension to H a rrison C. Plumm er; which was read twice by its A bill (S. 2238) referring to the Court of Claims the claim of title. and r eferred to the Committee on Pensions. the legal heirs of John Harper, deceased, to certain lands in the Mr. DA1~IEL introduced a bill ( &- 2264) to provide for en State of Virginia ; larging the public building at Roanoke, Va., in order to accom A bill (S. 2239) for the ·relief of Harmon W. Hessen; and modate the United States courts; which was read twice by its A bill (S. 2240) for the relief of William Large. title, and referred to the Committee on Public Buildings and 1\fr. ELKINS introduced a bill ( S. 2241) granting an honora Grounds. ble discharge to Benjamin F. Helmick; which was read twice by He also introduced a bill ( S. 2265) to provide for enlarging its title, and referred to the Committee on Military Affairs. and improving the United States building at I~ynchburg ,- Va., Mr. ALLEE introduced the following bills; which were sev containing the United States court rooms, clerk's office, and erally read twice by their titles, and referred to the Committee 11ost-office; which was read twice by its title, and referred to on the District of Columbia: the Committee on Public Buildings and Grounds. A bill (S. 2242) for the widening of Mills avenue NE. from · He also introduced a bill ( S. 22G6) authorizing the Joint ·Com Rhode Island avenue to 'l'wenty-fourth street; and mittee on the Library to purchase a bust of President Zachary A bill ( S. 224~) to acquire certain ground for a Government Taylor; ·which was read twice by its title, and referred to the reservation. Committee on .the Library. • Mr. PENROSE introduced a bill (S. 2244) to authorize trans Mr. CLAY introduced a bill ( S. 2267) requiring estimates of fers of imported merchandise on deposit in bonded warehouses ; expenditures, and specifying in detail the items thereof; which which was read twice by its title, and referred to the Committee was read twice by its title, and referred to the Committee on on Finance. Appropriations. _ He also introduced a bill ( S. 2245) to promote the efficiency of He also introduced a bill (S. 2268) to prevent corporations the clerical service in the Navy of the United States, to organize engaged in interstate commerce from making contributions to a clerical corps of the Navy of the United States, to define its campaigns for Federal office; which was read twice by its title, duties, and to regulate its pay; which was read twice by its and referred to the Committee on Privileges and Elections. title, and referred to the Committee on Naval Affairs. Mr. MORGAN introduced a bill (S. 2269) to provide for the He also introduced the following bills; which were severally payment of certain claims against the District of Columbia, in read twice by their titles, and referred to the Committee on accordance with the acts of Congress approved January 26, Public Buildings and Grounds : 1897, and as amended July 19, 1897; which was read twice by A bill ( S. 2246) to provide for the purchase of a site and the its title, and, with the accompanying paper, referred to the erection of a public building thereon· at Gettysburg, in the State Committee on the District.of Columbia. of Pennsylvania; and · He also introduced a bill (S. 2270) for the relief of Nicola A bill (S. 2247) to provide for the purchase of a site and the Masino, of the District of Columbia; which was read twice by erection of a public building thereon at York, in the State of its title, and, with the accompanying paper, referred to the Pennsylvania. . Committee on the District of Columbia. . Mr. PENROSE introduced the following bills; which were sev Mr. PERKINS introduced a bill ( S. 2271) repealing an act erally read twice by their titles, and referred to the Committee entitled ".~ act to extend the time for presenting claims for on Pensions : additional bounties," and its amendments and extensions, so A bill (S. 2248) granting an increase of pension to James far as they limit the time for presenting claims -for additional Hassan; oounties granted to soldiers by the twelfth and thirteenth sec A bill ( S. 2249) granting an increase of pension to George W. tions of the act of July 28, 18G6; which was read twice by its Smith; title, and referred to the Committee on the Judiciary. A bill (S. 2250) granting an increase of pension to John Rauch He also introduced the following bills ; which were severally (with accompanying papers) ; · read twice by their titles, and referred to the Committee on A bill · ( S. 2251) granting a pension to Henry G. Clement; and Commerce: A bill ( S. 2252) granting an increase of pension to Orestes B. A bill (S. 2272) providing for the maintenance and operation Wright (with an accompanying paper). of snag boats on the Sacramento, Feather, and ·San Joaquin riv Mr. CLARK of Montana introduced a bill ( S. 2253) to defray ers, California ; traveling and other expenses of judges of United States district A bill ( S. 2273) h establish at Cape Mendocino, California, courts; which was read twice by its title, and referred to the quarters for the light keeper; Committee on the Judiciary. A bill ( S. 2274) to establish a fog signal on one of the jetties Mr. PROCTOR introduced a bill ( S. 2254) granting a pen at the entrance to the harbor at Humboldt Bay, California; sion to Oliver H. Moore; which was read twice by its title, A bill ( S. 2275) to provide for the erection of a keeper's and referred to the Committee on Pensions. double dwelling at Point Bonita, California; Mr. BURROWS introduced a bill ( S. 2255) granting an in A bill (S. 2276) to establish a light-house near Santa Bar crease of pension to James Thompson; which was read twice bara landing, California; by its title, and, with the accompanying papers, referred to A bill ( S. 2277) to establish a light-house and fog signal ~n the Committee on Pensions. Red Rock, upper part of San Francisco Bay, California; Mr. FORAKER introduced a bill (S. 2256) granting an in A bill ( S. 2278) to construct a tender for the engineer service crease of pension to Alexander F. McConnell; which was read of the twelfth light-bouse district; twice by its title, and referred to the Committee on Pensions. A bill (S. 2279) to establish a light and fog-signal station He also introduced a bill ( S. 2257) granting an increase of near Point Cabrillo, California ; pension to Mary J. Campbell; which was read twice by its A bill (S. 2280) making an appropriation and providing for title, and referred to the Committee on Pensions. the construction of a United States revenue cutter for service He also introduced a bill (S. 2258) to remove the charge of in the harbor of San Francisco, State of California ; desertion from the military record of Milton A. Romig; which A bill ( S. 2281) providing for the construction of a vessel of was read twice by its title, and, with the accompanying papers, the first class for the Revenue-Cutter Service, to be stationed referred to the Committee on Military Affairs. with headquarters at Honolulu, Hawaii; and Mr. ANKENY introduced a bill (S. 2259) granting an in A bill ( S. 2282) to provide for the establishment of a life crease of pension to Charles Duby; which yvas read twice by saving station at Half Moon '"Eay, south of Point Montara and its title, and referred to the Committee on Pensions. near Montara Reef, California. XL-37 578 80NGRESSIONAL RECORD_--BEN.ATE. --D ECE:rtlBER 19,
Mr. PERKINS introduced a bill ( S. 2283) making- an appro Mr. DANIEL introduced a bill (S. 2312) to pay to tlie heirs priation for the erection of a permanent rostrum in the national of J: H. McVeigh, deceased, the sum of $10,375; which was cemetery at the Presidio, San Francisco, Cal.; which was read read twice by its title, and referred to the Committee on Claim . twice by its title, and referred to the Committee on Military Mr. GORJ)fAN introduced a bill (S. 2313) granting an increa e Affairs. of pension to George W. Castle; which was read twice by its He also introduced a bill ( S. 2284') making an appropriation title, and referred to the Committee on Pension . for the improvement of the grounds within the Presidio Military He also introduced a bill ( S. 2314) for the reU_ef ·of the heirs Reservation, at San Francisco, Cal:; which was read twice by of George B. Simpson; which was read twice J.}ji ffS title, and 1 its title, and referred to the Committee on Military Affairs. referred to the Committee on Claims. - ' - ~1\Ir. NillLSON introduced a bill (S. 2285) granting an in 1\ir. FRYE 'introduced a bill (S. 2315) granting ~an increaBe crea e of pension to William W. Herrick; which was read twice of pension to William T. Graffam; which was read twice by its by its title, and referred to the Committee on Pensions. title, and, with the· accompanying paper, referred to the Com- 1\fr. FULTON introduced a bill (S. 2286) to conter jurisdic mittee on Pensiol1S. r_ : · · tion upon the circuit court of the United States for the ninth Mr. ALLEE introduced a bill (S. 2316) recognizing the mili circuit to determine in equity the rights of American citizens tary service of and giving pensionable status under all pension under the award of the Bering Sea arbitration of Paris, and to laws of the United States to per ons serving under United render judgment thereon; which was read twice by its titl·}, States officers as home guards, militia, or other provi ional and, with the accompanying paper, referred to the Committee on troops during the civil war; which was read twice by its title, the Judiciary. and referred to the Committee on l\11litary Affairs. He also inh·oduced the following bills-; which were severally He also introduced a bill (S. 2317) to fix the statu of the read twice by their titles, and referred to the Committee oa Fifth and Sixth Regiments of Delaware-Volunteer ; which was Pensions: - read twice by its title, and refeiTed to the Committee on Mili _ A bill (S. 2287) granting an increase of pension to James V. tary Affairs. Pope· · ' He also introduced a bill (S. 2318) for the relief of Thomas A bill ·( S. 2288) granting a pension to Sarah E. Thompson ; Kennedy, executor of the estate o{ Margaret Kennedy, decea ed; .;',A.' ~iii (S. 2289) granting an increase of pension to Joseph B. which was read twice by its title, and referred to the Committee Le~therman ; and on Claims. A bill (S. 2290) granting an increase of pension to Sarah J. Mr. PERKINS introduced a joint resolution ( S. R. 14) ac Duncan (with an a~fompanying paper). cepting the recession by the State of California of the Yosemite 1\fr. FULTON introduced a bill ( S. 2291) for the relief of Valley Grant and the Mariposa Big Tree Grpve, and including 3"esse L. Adams; which was read twice by its title, and referred the same, together with fractional sections 5 and 6, township 5 to the Committee on Claims. · · south, range 22 east, Mount· Diablo meridian, California, within He also introduced a bill ( S. 2292) for the relief of certain the metes and bounds- of the Yosemite National Park; which entrymen and seti;le~s 'YitbJn the limits of the Northern Pacific was read twice by its title, and referred to the Committee on Railway land grant; which was read twice by its title, and Forest Re ervations and the Protection of Game. referred to the Committee on Public Lands. . STATISTICS RELATING TO PUBLIC SCHOOLS. ·- 1\Ir. HEYBURN introduced the following billf:! ; which were Mr. GALLINGER. There has been presented, Mr. President, severally read twice by their titles, and referred to the Commit- in· this body a bill relating to the public schools of the District, fee on Pensions : - and likewise one in the other House. It i a matter which is A bill ( S. 2293) granting an increase of pension to William C. attracting a great deal of attention. I understand that other Hitchcock; and bills are to follow. · A bill ( S. 2294) granting a pension to ~fichael Reynolds (with I have had some statistics very carefully colle.cted relating accompanying ·papers). · to the schools in Washington, as well. as in certain other cities, 1\fr. 'VETMORE introduced a bill (S. 2295) to grant an hon which will be very helpful to the committee in considering that orable discharge to Nathan P. Rai:J.dall; which was read twice important matter, and I beg to ask unanimous consent to have by its title, and, with the accompanying papers, referred to the the paper printed as a Senate document and referred to the Com· Committee on Military Affairs. mittee on the District of Columbia. Mr. CLAPP introduc~d a bill (S. 2296) restoring to the public The VICE-PRESIDENT. Is there objection.? The Chair (lomain certain lands in the State o:t Minnesota; which was hears none, and. it is so ordered. read twice by its title, an:l referred to the Committee on Pub!ie Lands. FOREST RESERVES. 1\fr. MONEY introduced a bill (S. 2297) for the relief of the Mr~ HEYBURN. I submit a resolution and ask that" it may estate of Andrew B. Conley, deceased; which was read twice lie on the table, to be taken up for consideration at another time. by its title, and referred to the Committee on Claims. The resolution was read, and ordered to lie on the table, as Mr. FRAZIER introduced the following bills; which were follows: severally read twice by their titles, and referred to the Commit Re~olved: That the Secretary of Agriculture be, and he ls hereby, instructed to send to the Senate of the U"nited States a. statement of tee on Olaims : all moneys received and disbursed on account of the creation of forest A bill ( S. 2298) for the I.!elief of t:Qe . trustees of the Presby reserves, and in the management and control thereof, slnce .July 1, A. D. terian Church Of Franklin, Tenn.; 1903 ; also a statement of sections 16 and 36 of the public lands set aside for educational purposes which have beerr included within any A bill ( S. 2299) for the relief of the estate of J. El Bauman, forest reserves created and within any lands withdrawn from entry ~.~~a~d; . and settlement in anticipation of the creation of any forest reserve, A: bi11 (S. 2300) for the reiief of the estate of N. T. Power, giving such information separately as to each reserve and designating the State or- Territory in which such reserve and sections are situated ; 'deceased; also the amount of surveyed public land subject to be selected by the A blll (S: 2301) for the relief of the estate of H. B. Henegar, State or Territory in lieu of said sections 16 and 36 so included in said deceased; forest reser>es and the character of such land subject to such lieu A bill (S. 2302) for the relief of I. J. Humphreys; selection, giTing the location of such land. A bill (S. 2303) for the relief of the estate of Lemuel Cox, MESSENGER FOB COMMITTEE ON INDUSTRIAL EXPOSITIONS. deceased; ~fr. KEAN submitted the following resolution; which was A bill ( S. 2304) for the relief of the estates of Asa· Faulkner, referred to the ·committee to Audit and Control the Contingent dece·ased; ·Lewis· L. Faulkner, deceased, and S. B. Spurlock, de Elxpenses of the Senate: ceased; Resolved, That the Select Committee on Industrial Exposltiong be, A bill (S. 2305) for the relief or the estate of J. H. Frith, de and is h'erehy, authorized to employ a messenger, to be paid from the contingent fund of the Senater at the rate of $1,440 per annum, until -ceased; otherwise provided by law A bill (S. 2306) for the relief of the estate of William Grigsby, deceased; MESSENGER FOB COMMITTEE ON INTEROCEANIC. CANALS. A bill (S. 2307) for the relief of M. E. ITall and the estate of Mr. 1\IILLARD submittoo the following resolution; which was 'James B. Hall, deceased; · referred to the Committee to· Audit and Contt·oi the Contingent A bill (S. 2308) for the relief of James J. Crunk·; El::penseH" of the Senate : A bill (S. 2309) for the relief· of the estate· of Alvin Ba:rnes, Resolued, That the Committee on rnteroeeanic Canals be, and it is hereby, authorized to em1)loy a messenger at an, annual salary at the deceased; and · rate of $1,440 per annum, to be paid from the contingent fund of the A bill (S. 2310) for the relief of George W. Webster. Senate until otherwise provided for by law. ·Mr. BACON introduced a bill (S. 2311) granting an increase BEPOBT OF COMMISSIONER OF T:RJ( IN1'rorrOR Olf PORTO RICO. of pension to Mary E. Pettit; which was read twice-by its title, On motion of Mr. FoRAKER, it was and, with the accompanying papers,. referr.edl to the Committee Ordered, That the Secretary of the Senate ~ instructed to take from on Pensions. the files of the Senate the original manuscript of~ tlre ReJ.)Ort of the 1905. CONGRESSIONAL RECORD- SENATE. 579
Commissioner of the Interior of Porto Rico for the fiscal year ended The bill was read; and by unanimous consent the Senate, as .:June 30, 1905, printed as Senate Document No. 59, Fifty-ninth Congress, first session, and return the same to the Secretary of the Interior. in Committee of the Whole, proceeded to its consideration. 'I'he bill was- reported to the Senate without amendment, or BRIDGE AT NOME CITY, ALASKA. dered to be engrossed for a third reading, read the third time, Mr. NELSON. I ask unanimous consent for the present con and passed. sideration of the bill ( S. 955) authorizing the city of Nome, a WIDENING OF COLUMBIA ROAD. municipal corporation organized and existing under chapter 21, Title III, of a,n act of Congress approved June 6, 1900, entitled Mr. GALLINGER. Unless there is some other business to be ".An act JIWking further provision for a civil government for transacted, there is on the Calendru· the bill ( S. 68) for the Alaska, ana for other purposes," to construct a free bridge widening of a section of Columbia road east of Sixteenth street across the Snake River at Nome city, in the Territory of Alaska. which I should like to have considered. A similar bill passed The VICE-PRESIDENT. The Senator from Minnesota asks the Senate at the last session, and it is recommended by the unanimous consent for the present consideration of the bill. Commissioners. Mr. FRYE. Mr. President, let the bill be read for the infor There being no objection, the Senate, as in Committee of the mation of the Senate before any request is made that it may Whole, proceeded to consider the bill. now be considered. The bill had been reported from the Committee on the Dis The VICE-PRESIDENT. · The bill w.ill be read !or the infor trict of Columbia with an amendment, in section 7, page 6, line mation of the Senate. 5, after the word " appropriated," to strike out " one half from " The Secretary read the bill ; and there being no objection, the and insert "out of," and in line 6, after the word "ColUlllbia," Senate, as in Committee of the Whole, proceeded to its consid to strike out " and the other half out of any moneys in the eration. United States Treasury not otherwise appropriated; " so as to 'l'he bill was reported to the Senate without amendment, or make the section read : dered to be engrossed for a third reading, read the third time, SEc. 7. That when the verdict of said jury shall have been finally ratified and confirmed by the court, as herein provided, the amounts of and passed. money awarded and adjudged to be payable for lands taken under the MISSOURI RIVER BRIDGE AT YANKTON, S. DAK. provisions hereof shall be paid to the owners of said land by the dis bursing officer of the District of Columbia from moneys advanced to Mr. GAMBLE. I ask unanimous consent for the present con him by the Secretary of the Treasury upon requisitions of the Com sideration of the bill (S. 312) to extend the time for the comple missioners of said District, as provided by law ; and a sufficient sum to pay the amounts of said judgments and awards is hereby appro: tion· of a bridge across the Missouri River at Yankton, S. Dak. priated out of the revenues of the District of Columbia. Mr. FRYE. Let it be read for the information of the Senate. The Secretary read the bill ; and there being no objection, the The amendment was agreed to. Senate, as in Committee of the Whole, proceeded to its consid The bill was reported to the Senate as amended, and the eration. amendment was concurred in. The bill was reported from the Co~mittee on Commerce with The bill was ordered to be engrossed for a third reading, read an amendment, in line 7, after the words " South Dakota," to the third time, and passed. insert "as amended by the act approved January 27, 1905;" so LIFE-SAVING STATION AT GREENHILL, R. I. as to make the bill read : Mr. LODGE. I ask unanimous consent to call up from the Be U enacted, etc., That section 6 of the act approved March 9, 1904, Calendar for present consideration the bill (S. 280) to provjde authorizing the Yankto~. Norfolk and Southern Railway Company to construct a combined railroad, wagon, and foot-passenger bridge across a life-saving station at or near Greenhill, on the coast of South the Missouri River at or near the city of Yankton, S. Dak., as amended Kingston, in the State of Rhode Island. It is the first bill on by the act approved January 27, 1905, be, and is hereby, amended by the Calendar. extending the time for commencing the construction of said bridge to March 9, 1907, and by extending the time for completing said bridge There being no objection, the Senate, as in Committee of the to March 9, 1909. Whole, proceeded to consider the bill. The amendment was agreed to. Mr. MALLORY. Is there a report· accompanying tlle bill? The bill was reported to the Senate as amended, and the The VICE-PRESIDENT. There is; and the report will be amendment was concurred in. read for the information of the Senate. The bill was ordered to be engrossed for a third reading, read The Secretary read the report submitted by Mr. DEPEW on the third time, and passed. tlle 14th instant, as follows : MINING CLAIMS. 'The <;ommittee on Commerce, to whom was referred the bill (S. 280) t,o prov~de a life-;'!aving station at or near Greenhill, on the coast of' Mr. HEYBURN. I ask unanimous consent for the present South Kingston, m the State of Rhode Island having considered the consideration of the bill ( S. 93) to amend section 2326 of the same, report with a recommendation that it pass. Revised Statutes of the United States, relative to mining claims. . A Si!fiilar bill was favorably reported from this committee in the ~ifty-e~ghth Congress and passed the Senate, but failed to receive con The VICE-PRESIDE1\"'T. The bill will be read for the in stderatwn in the House. The report of the committee on that bill is formation of the Senate. as follows : , The Secretary read the bill ; and there being no objection, " 'The Committee on Commerce, to whom was referred the bill ( S. 7173) to prov~de a life-saving station at or near Greenhill. on the the Senate, as in Committee of the Whole, proceeded to its con C?ast of South Kmgston, !n the State of Rhode Island, having con sideration. It provides that all suits brought pursuant to the SI~7red. th;e s~e, report With a recommendation that it pass. A Similar bill was favorably reported from this committee in the provisions of section 2326 of the Revised Statutes of the United Fifty-fourth Congress, having the sanction of the Acting Secretary of States in support of an adverse claim filed in any United States the Treasury and the Superintendent of the Life-Saving Service as will land office against an application for patent for a mining claim appear by the following letters which were printed in the report on shall be deemed actions at law, to be tried as other actions at that bill: law are tried in the courts having jurisdiction of the subject "TREA.StffiY DEPARTMENT, OFFICE OF THE SECRETARY "Washington, D. C., January 25; 1897. matter of the suit. " SIR : I have the honor to acknowledge the .receipt of your refer The bill was reported to the Senate without amendment, or e!lce of the 21st insta~t of bill S. 3569, • To provide a life-saving sta dered to be engrossed for a third reading, read the third time, tion at or near Greenhill_, on the coast of South Kingston in the State of Rhode. Island!' and asking for suggestions touching its merits and and passed. the propriety of Its passage. EXECUTIVE SESSION. " In reply, I have to state that the matter was referred to the Gen eral Superintendent of the Life-Saving Service for report which has Mr. CULLOM. Mr. President, it will be an accommodation been received and is herewith transmitted, with my concur::ence. to me if the Senate will now proceed to the consideration of " Respectfully, yours, executive business. There are three or four nominations which " W. E. CURTIS, Acting Sec-retary. have been neglected in the Senate for some days, and I should "The CHA.IRMA..."I'f COMMITTEE ON COMMERCE, like to have them disposed of. I therefore move that the Senate "United States Senate. proceed to the consideration of executive business. The motion was agreed to; and the Senate proceeded to the "TREASURY DEPA.RTME!'fT, consideration of executive business. After twenty-five minutes " OFFICE OF THE GENERAL SUPERINTE!'fDENT " LIFE-SAVI!'fG SERVICE, spent in executive session, the doors were reopened. "Washington, D. C., January 25, 1897. WIDENING OF BLADENSBURG ROAD. " SIR: I have the honor to acknowledge your reference for report o1 the. letter of the Collliii;ittee
"I inclose a ·copy of this report and beg that it may be accepted as Mr. GALLINGER. Yes. my report upon the "Present bill. "Respectfully, yours, "S. I._ KIMBALL, Mr. President, at the last session ·We had ·a similar bill 'before "Genm·al Superintendent. the Committee on the District of Columbia, which was sub "The SECRETARY OF THE TREASURY.'' mitted to the Commissioners for their consideration, and they proposed several amendments whiCh were very important and "TREASURY DEPARTMENT, OFFICE OF which are incorporated in this bill. As I understand, the bill GENERAL SUPERfNTENDENT LIFE-SAVING SERVICE, simply provides for a court for juvenile offenp.ers, separating "Washington, D. 0., Feorua-ry 5, 1894. them from offenders of adult age; and the Senator from Georgia " SIR : I have the honor to acknowledge your reference, 'for report, of the letter of ·the Committee on Interstate and Foreign Commerce knows that in this city particularly the police colirt is not a of the House of Representatives., dated September 13, 1893, inclosing very good place in which to try children. The hi11 p1·ovides for bill (H . .R. 218) entitled 'A bill to provide a life-saving station at or a judge .at a salary of $3,000, and merely creates a separate near Greenhill, on the coast of South Kingston, in the State of Rhode Island,' for suggestions touching the merits of the bill and the ·pro court for juvenile offenders, givin,g considerab~e latitude to the priety o:f its passage. judge in .the matter of punishment. lt is following ·precisely "Desiring the views of the officers ·of .the district which embraces what bas occurred in the legislation of California, some of the the point referred to, I addressed letters to them askfng for tbe same. The inspecting officer replies: New England States, and I think in other parts of the country. ' 'In regard to the -establishment of a ·station at Greenhill I re 1\Ir. PERKINS. In Pennsylvania. spectfully state that in my judgment this part of the coast, from its expo ed situation, would be "better protected by the addition of another Mr. GALLINGER. In Pennsylvania. station at or near the place mentioned for the following reasons: The Mr. CULLOM. And .Illinois. distance between Quonochontaug and tbe Point Judith stations, fol .Mr. GALLINGER. And in Illinois and other States, and they lowing the shore, is about 14 miles. The patrols from these stations cover but a small part of this distance, leaving a long stretch un have been a great success. This bill bas been drawn along thos~ protected. lines guarded, I feel sure, with great care, and some of us be "' B:f.: the .addition of a station halfway between these ·IJoints, which lieve that if enacted into law, as I trust it will be, it wi11 have would lie in the ·immediate vicinity of Greenhill, the coast could be practically patrolled from the Pattaquamscott River to Noyes Point, a very beneficial effect upon the children of the District of leaving .about 3 miles from the first-mentioned point to Watch Hill Columbia. not covered by the patrols of the 'life-saving force. In view of the Mr. SPOONER. rt is one of those tribunals which depends large number of vessels of all classes constantly passing and repassing this part of the Rhode Island •coast 'to and from Long Island Sound, for its success almost entirely upon the person who is ·chosen through the "Race" and Fishers Island Sound, it is my unbiased for ·judge. opinion that the establishment of a station in the viainity of GreenhUl '1\fr. GALLINGER. Undoubtedly so. would increase the efficiency of the Service and justify the cost of erecting and maintaining it.' . Mr. SPOONER. He must be a man who cares more 'for chil "'l'he district superintendent reports: dren and their welfare than .for the strict enforcement of law. " 'The station contemplated at Greenhill, I think, would be o:f service, '1\Ir. GALLINGER. The suggestion of the Senator 'from Wis as it, in connection with the one already at Quonochontaug, would about cover ·the coast 'from Point .Judith to Watch Hill.' consin is certainly a wise one. The appointment of a judge ·to " The assistant superintendent of the district says : administer this bill, if it shall become a law, is really a ·matter "'In my judgment, stations at these points (Greenhill and Watsons of sm.·passing importance. Pier) woul
The VICE-PRESIDENT. The question is on the passage of very clearly that the House itself in its practice has not held the bill. bills of this nature to be revenue bills. In the very last ses The bill was passed. sion-and I suppose I am at liberty to speak of what occurred BECESS. in that House as shown by the public records-a bill was intro Mr. LODGE. I am informed that the committee of confer duced by a Member from Connecticut [Mr. HILL] containing ence on the disagreeing votes of the two Houses· on the Panama substantially the same provisions that are now incorporated in appropriation bill will be ready very shortly to report, and are this first section. That bill was referred by the action of the anxious to dispose of the matter to-day, if possible, so as to House to the Committee on Banking and Currency ; it was clear the way for the adjournment for the holidays. I therefore reported back by the Committee on Banking and Currency with move that the Senate take a recess for half an hour. additional provisions as to the taxation of national banks; it The motion was agreed to; and (at 1 o'clock and 50 minutes was taken up for consideration without a question being raised p. m.) the Senate took a recess until 2 o'clock and 20 minutes as to its character; taken up without any claim that it was en titled to the privileges of a revenue bill; and it was discussed for p. m., when it reassembled. weeks. No point was ever raised as to the jurisdiction of the PANAMA CANAL APPROPRIATION. Committee on Banking and Currency, nor was there any claim Mr. ALLISON. Mr. President, the conferees of the two or suggestion on the part of anybody that the bill was a revenue Houses on House bill 480 have met and agreed upon a report, bill. The claim is now made for the first time that the preroga which I present to the Senate, and ask for its immediate con tives of the House are invaded by legislation of this kind. sideration. There have, in my judgment, been very good reasons why The VICE-PRESIDENT. The report of the committee of con such bills have not been considered revenue bills. Taxation ference will be read. in this case is a mere incident of the general legislation for The Secretary read as follows : the management and control of national banks. The taxes im 'l'he committee of conference on the disagreeing votes o:! the two posed are not for purposes of revenue. Houses on the amendments of the Senate to the bill (H. It 480) sup If the question is to be raised, it can not properly be settled plemental to an act entitled "An act to provide for the construction of a canal connecting the waters of the Atlantic and Pacific oceans,·• ap by the action of one House alone ; and I hope and believe that proved June 28, 1902 and making appropriation for isthmian canal the action of the Senate in agreeing to the report of the con construction, and :tor other purposes, having met, after full and free ference committee will not be held, as it can not be held, as a conference have agreed to recommend and do recommend to their re waiver of any constitutional rights of this body. The Ipatter spective Houses as follows : 'l'bat the Senate recede !rom lts amendments numbered 2 and 3 and should be taken up and considered carefully between the two trom its amendment to the title o:t the bill. Houses as to what determination shall be reached upon th\1 'l'hat the House recede :from its disagreement to the amendments of question. the Senate numbered 4, 5, 6, 7, 8, 9 and 10; and agree to the same. 'l'hat the House recede from its disagreement1 to the amendment o:t the If the bill which came from the House of Representatives, Senate numbered 1, and agree to the same with an amendment, as fol and which is now before the Senate, is a revenue bill, if it is lows : In lieu of the matter stricken out by said amendment insert the subject to the· prohibition of section 7, Article I, of the Consti following: "'l'hat the 2 per cent bonds of the United States authorized by sec tution, it is certainly also subject to the provision in the same tion 8 o:t the act entitled 'An act to provide for the construction of a section which gives the Senate full power of amendment. Does canal connecting the waters of the Atlantic and Pacific oceans,' ap anybody in the Senate suppose that we could have properly proved June 28, 1902, shall have the rights and privileges accorded by law to other 2 per cent bonds of the United States, and every amended this canal appropriation bill by placing an entire national banking association having on deposit, as provided by law, taritr bill upon it, or that we could have amended it by taking such bonds issued under the provisions o:t said section 8 ot said act, duties off this article or that article, or by increasing or dimin approv~d June 28, 1902t to secure its circulating notes, shall pay to the Treasurer o:t the Uniteo States, in the months of January and July, a ishing internal-revenue taxes? No attempt has been made here, tax o:t one-fourth of 1 per cent each hal:t year upon the average amount within my knowledge, to amend bills of this character in that of such of its notes in circulation as are based upon the deposits of way; but if the contention of the House of Repre entatives is said 2 per cent bonds ; and such taxes shall be in lieu o:t existing taxes on its notes in circulation imposed by section 5214 o:t the Revised to stand, if we are to change the rules and practices between the Statutes.'' two Houses on questions of this kind, it must become apparent And the Senate agree to the same. to all that the powers of the Senate in regru:d to dealing with W. B. ALLISON, EUGENE HALE, taritf questions will be immeasurably enlarged, because if we H. M. TELLER, can take- any of these bills-and we have too many of them in Managers on the part of the Benat~. which the power of taxation is used not for general revenue W. P. HEPBUR::-., purposes, but for regulation, repression, or prohibition-and SERENO E. PAYNE, amend them as we please by tariff and internal-revenue amend L. F. LIVINGSTON, Managet·s on the part of t1'e House. ments, the Senate's powers over this class of legislation is prac Mr. ALDRICH. Mr. President, as I understand the report of tically unlimited. But whatever may be the effect of this action, the committee of conference, the first section of the bill is an invasion of this kind, or an attempted invasion of this kind, amended so as to make it identical with the bill ( S. 1475) which should be treated calmly and deliberately between the two recently _passed the Senate in relation to the taxation of bonds Houses, as I hope this question will be. Certainly I shall insist held by national banks as security for circulating notes. that the Senate relinquishes none of its rights and makes no ad Mr. ALLISON. Yes. mission that the contention of the House is correct by the Mr. ALDRICH. Mr. President, I suppose I need not remind adoption of this conference report. the Senate of the conditions and circumstances under which the Mr. SPOONER. Mr. President, I rise mainly for the purpose bill to which I refer was passed by the Senate. I was person of bringing to the attention of the Senate some authorities upon ally very greatly surprised when the bill came back from the the question which the Senator from Rhode Island [Mr. AL other House with a message that the Bouse held its adoption by DRICH 1 has been discussing. In order that in the RECORD the the Senate to be in contravention of section 7 of Article I of the real issue between the House and the Senate may be mnde Constitution. I believe it will be found that neither House of apparent, I ask the insertion, without reading, of the first section Congress has ever held that bills imposing or reducing taxes of House bill 480. upon national bank were revenue bills within the meaning of The VICE-PRESIDENT. In the absence of objection, it the Constitution. The section, as it came from the Bouse and as will be so ordered. it is proposed to be adopted in the conference report, is an The section referred to is as follows : amendment of section 13 of the refunding act of March, 1900, 'l'hat the bonds authorized by section 8 o:t the net entitled "An net to provide for the construction o:t a canal connecting the waters of which originated in the Senate and was sent to the other Bouse, the Atlantic and Pacific oceans," approved June 28, 1902 shall be where it was received and passed without the constitutional subject to the provisions of section 13 of the act entitled •1An act to question having been rai ed. All the provisions of the refund define and fix the standard o:t value, to maintain the parity of all :forms o:t money issued or coined by the United States, to refund the ing act were placed in the bill by the Senate, and to this there public debt, and for other purposes," approved March 14, 1900, the was no objection. Other important measures atrecting taxation same as though said bonds were issued under the provisions of said act of banks have ol'iginated in the Senate without protest. of March 14, 1900. Last year, when the isthmian canal bill, so called, was before Mr. SPOONER. It will be observed that this section refers the Senate, a similar provision to that now in controversy was solely to the bonds authorized by the " canal act" to be issued in erted in that bill at the suggestion of the Finance Committee. to provide funds for the construction of the isthmian canal. That bill went to the other House and no constitutional objection As there seemed to be reasonable doubt concerning the con was raised. By the rules of the House of Representatives all struction which might be placed upon the language of the sec revenue bills-all bills relating to or affecting revenue-are tion as it came from the House, it was thought wise, in order referred to the Committee on Ways and Means. All bills that national banks might not be deterred by any doubt from relating to the taxation of national banks have been uniformly utilizing the bonds as a basis of circulation, to employ different referred to the Committee on Banking and Currency" show~ phraseology. 582 OONGRESSION AL REOORD-SEN ATE. DECE1\IBER 19,
- As section 1 was not germane to the appropriation contained Assertion was made. in the House in advocacy of the resolution in section 2 of the bill, and not ordinarily within the jurisdic for the return of the bill that at the last session the Senate in tion of the Committee ·on Appropriations, a bill was introduced vaded the prerogative of the. House and upon its being resented by the Senator from Colorado [Mr. TELLER], reported from the bad receded. In my judgment, at the last session of Congress Committee on Finance, and passed by the Senate as an inde the Senate transcended its rights under the Constitution and pendent bill, although identical, except as to phraseology, with invaded the prerogative of the House. That was in the amend the section 1 which bad come from the House. I ask that the ment to the agricultural appropriation bill by which the Senate bill be inserted in my remarks without reading. enacted a construction of the tariff act in its relation to draw · The VICE-PRESIDENT. In the absence of objection, it will backs. The Secretary of the Treasury had constrped the draw be so ordered. back clause as including wheat and was admitting it free of The bill referred to is as follows : duty. That was a question of consh-uction. The Senate A bill supplemental to an act entitled "An act to provide for the con adopted an amendment to the appropriation bill declaring the struction of n. canal connecting the waters or the Atlantic and Pacific drawback provisions not to include wheat. oceans," approved .June 28, 1902, and making appropriation for isthmian canal construction, and for other purposes. It is not the function of legislatures to consh·ue the laws. B e it enacted, etc., That the bonds authorized by section 8 of the act That is a judicial function. It may be persuasive in the court, entitled "An act to provide for the construction or a canal connecting but it is not binding upon the court, and where such an act is the waters ot the Atlantic and Pacific oceans," approved .June 28, 1902, passed and the court is of opinion, as to past transactions, that shall be subject to the provisions ot section 13 or the act entitled "An act to define and fix the standard of Talue, to maintain the parity or the legislative construction is not the sound one, it stands by the all forms of money issued or coined by the United States, to retimd the judicial con.sttuction, but from the passage of the construing act public debt, and for other purposes," 11.pproved March 14, 1900, the same it works a change in the law. Therefore the House rightly ob as thou~h said bonds were issued under the provisions ot said act of March H , 1900. jected, in my opinion, to the amendment by the Senate to the · Mr. SPOONER. Thereupon,· Mr. President, the following tariff act, and the Senate did only its duty in receding from the resolution was adopted by the House and, with the bill S. 1475, proposition. But there is no similarity whatever between that messaged to this body : - amendment and the action here complained of. But, Mr. President, if the House of Representatives, 357 of Resolved, That the bill S. 1475, in the opinion or the House, contra- whose .Members voted for this resolution challenging the power venes the first clause or the seventh section ot the fit·st article ot the Constitution, is an infringement on the priTileges or this House, and of the Senate, rising to make it more solemn, is right, then the that the said bill be taken trom the Speaker's table and be respect- Senate is deprived of a legislative jurisdiction which from the fully returned to the Senate with a message communicating this foundation of the Government it has exercised, and it is weak resolution. ened in its legislative power to the detriment of the public The matter, of course, demands and must receive serious at- interest. Now a word as to the obvious purpose of the bill tention, as the public interest requires that it shall be brought which has been returned tmconsidered. I· apprehend that very speedily to a sound conclusion. The bill was returned uncon- few will be found to characterize it as a "tax bill." CertainJy sj.dered, with a challenge of the power of the Senate, under the from a constitutional standpoint it is not a "bill for raising Constitution, to originate it. If the House of Representatives revenue." is correct in its view that the bill is a bill "for raising revenue," What is its manifest object? within the meaning of section 7 of Article I of the Constitu- Under existing law the 2 per cent canal bonds heretofore tion, certainly the bill is properly returned and must rest here. authorized could, when issued, be used as a basis for national If the House of Representatives · is .wrong, the Senate has no bank circulation. Under existing law the tax upon that circula· right to yield its jurisdiction. No department of the Govern- tion would be 1 per cent. The law which is made by this bill ment bas any right to surrender any portion of the power or to apply to the canal bonds relates to 2 per cent bonds, and to responsibility with which the 'Constitution has clothed it. It encourage their use as a basis for bank circulation reduces the is vital, both as to the National Government and to the State tax from 1 per cent to one-half of 1 per cent. So the bill which governments, that the line of demarcation drawn by the framers was returned to us was simply a bill bringing these 2 per cent of the Constitution of the United States and of the various etween the three independent and coordinate branches canal bonds upon the same basis in respect of taxation with all States b 2 p'er cent bonds of the Government. of the Government shall be observed always with the utmost Is it possible, Mr. President, that it can with reason be said strictness, to the end that neither shall, in the slightest degree, that the object of this bill is to " raise revenue " for the support invade the other. . of the Government? And so it is inexpressibly important that each branch of the The question is this : Is the bill, which was introduced as a legislature, National or State, shall keep within the constitu- T b h S f tiona! limitations upon its power. separat~ propos1 wn y t e enator rom <::oior~d~ [Mr. TELL~], The only fear I have ever entertained, Mr. President, for the and W~Ich the Senate pass_ed, a revenue bt~l ~Ithm the meanmg future of our Government has arisen from apparent popular j of secti_on 7 of the first article of th~. Constl~bon? . toleration of or encouragement to invasions by one department sett~u~~!~ for raising reTenue shall onginate m the House of Repre· of the Government of the functions of another-in the ~ation This brings us to the question: What is a " revenue bill " or in the Sta~es. There _see;ns to be a pop~lar ~or;nplai~~I_l ce within the meaning of the Constitution? upon the subJect, or an mdifference of public _opmwn, "'mch The definition is well settled, thus : bodes no good throughout the country. I read m a newspapE>r Revenue laws: Laws made for the direct and avowed purpose ot this morning, and I can here refer to no State, that the governor creating and securing revenue or public funds tor the service of the of a State bas decided who shall be speaker of the bouse of Government. (Anderson's Law Dictionary, p. 899.) representatives of that State, and it seemed to be accepted as This embraces clearly all bills· passed in the exercise of the sound governmental conduct under _our system of government. taxing power, whether in the form of customs duties or internal It has occurred in other States. It is a tendency to be resisted, revenue taxation, for the purpose of raising money for the sup- not encouraged. · port of the Government. Mr. President, the men who founded this Government and This definition excludes, and the constitutional provision was framed our Constitution took lessons from history and experi- intended to exclude, bills passed in the exercise of constitu ence on the other side of the sea, and when they created the tiona! powers other than the taxing power, even if they oper tbree coordinate and independent branches of the Government, ated to raise revenue, or even if they imposed incidentally a tax assigning to each its jurisdiction, they created a government or taxes to secure the more efficient and successful exercise of which, in its divisions, was a perfect representative or democratic the power. government. And when the people of any State permit, under Such bills or laws have never been either in practice or ju- any pretext, those three branches of the Government to be re- d!cially deemed " revenue " bills or laws. duced to two, they tolerate treason to our constitutional system. Congress enacts laws from time to time which operate to The legis,ature of a State is not to be organized by the ju- raise revenue. The post-office laws operate to raise revenue. diciary nor is it to be organized by an executive, and if the Congress frequently changes the post-office laws so as to raise time shall ever com~and we have seen it in some States- more revenue. But it has not been contended for many years when by passive acquiescence the execution of the law is prac- it was onc~that those were revenqe bills within the meaning tically combined with the making of the law, the structure in of this clause of the Constitution. its completeness and as the fathers made it is destroyed and the The power to create national banks is a power which exists in distinction between it and a monarchy is largely obliterated. Congress. It is not the sole prerogative of either House. It is Mr. President, as important as I regard that-and as I said not the taxing power. It is legislation which Congress may before, it is fundamental, and our people should cling to it in enact under the money power; and the Supreme Court of the season and out of season as they cling to the flag-it is likewise United States has so decided. The taxation imposed from the profoundly important that neither House of the Legislature shall beginning upon the circulation of national banks is purely in transcend in its relation to the other constitutional limits. cidental to the exercise-by the Congress, in creating national 1905. CONGRESSIONAL RECORD-SENATR 583
banks, in supplying the people with ·the Circulation of national that clause of the 'Constitution· invoked by the- Holli:;e. I read ' b~ks, of a distinct power vested by the Constitution in either from the case of the United States on the relation of Oran C. IIouse. · 'Michels v. Thomas L. James, postmaster of the city of New Mr. MORGAN. Was not the oleomargarine bPI of the same York, 13 Blatchford's Circuit Court Reports, 207. After quot character? ing the clause "All bills for raising revenue shall originate in Mr. SPOONER. The oleomargarine bill was hardly of the the House of Representatives," the court says: same character, perhaps. It is a close question. The Senator. Certain legislative measures are unmistakablr. bills for raising revenue. These impose taxes upon the people, e1ther directly or in puts to m~ tb'e question now whether the Congress may use the directly, or lay duties, imposts, or excises for the usc of the Govern taxing p
I am told by my friend the Senator from Iowa [Mr. ALLI- of Representatives with instructions to that committee to report. SON] that that is the . very section involved here. fully to the Senate upon the subject. .l\Ir. ALLISON. The same section. Mr. ELKINS. Mr. President, I do not care to discuss the Mr. SPOONER. The same section. point raised by the Senator from Rhode Island [Mr. ALDRICH] Now, the court says: and so ably discussed by the Senator from Wisconsin [Mr._ The contention ln this case is that the section of the act of June 3, SPOONER]. I simply want to make the statement to the Senate 1864, providing a national currency secured by a pledge of -united that when Congress authorized the construction of the canal I States bonds, and for the circulation and redemption thereof, so far as it imposed a tax upon the average amount of the notes of a national thought then that this vast work should be intrusted. to the banking association on circulation, was a revenue bill within the engineers of the Army. I think so still. I hope at some propel" clause of the Constitution declaring that " all bills for raising revenue time the committee authorized to pass upon this question will- shall originate in the House of Representatives, but the Senate may propose or concur with amendments as on· other bills " (Article I, sec report a bill to that end. . tion 7) ; that it appeared from the official journals of the two Houses I think the best organized body of men in the world, certainly of Congress that while the act of 1864 originated in the House of Repre in the United States, to do this work is the Army engineers. sentatives, the provision imposing this tax was not in the bill as it passed that body, but originated in the Senate by amendment, and They have been intrusted with work of this kind for a hundred being accepted by the House became a part of the statute; that such years, and in all the hundred years of the history of the engi tax was, therefore, unconstitutional and void ; and that consequently neers of the United States Army there has been but -one case, the statute did not justify the action of the defendant. I believe, of defalcation. I think that the Army engineers have The question could not, I think, be more clearly presented to the ability to do this work more economically and better than the court than it is upon th-is statement of fact. '.fhe court say: any other body of m{m that could be organized for that purpose. The case is not one that requires either an extended examination of From their long experience they are not only fitted to do the, precedents or a full discussion as to the meaning or the words in the work, but they are the largest employers in ·the country of civil Constihttion " bills for raising revenue." What bills belong to that class is a question or such magnitude and importance that it is the part engineers. In a sense the War Department is organized to take of wisdom not to attempt, by any general statement, to cover every charge of all the sanitary arrangements in Panama. It has possible phase of the subject. It is sufficient ln the present case to say engineers to carry out that feature of this work, as well as the that an act of Congress :providing a national currency, secured by a pledge or bonds of the Umted States, and which, in the furtherance or building of the canaL that object, and also to meet the expenses attending the execution of - Mr. TELLER. Mr. President, I would not care to discuss the act, imposed a tax on the notes in circulation or the banking asso this question except for the statement made by the Senator ciations organized undet• the statute, is clearly not a revenue bill which the Constitution declares must originate in the House of Representa- froin Wisconsin [Mr. SPOONER] , as he was closing, that we had tives.. . . apparently yielded to the contention of the House that another Mr: Justice Story .has well said that the practical construction of the bill, in no wise connected with this measure, had been an evasion Constitution and the history of the origin of the constitutional pro vision in question proves that revenue bills are those that levy taxes in of their right to originate revenue bills. the strict sense of the word, and are not bills for other purposes which The House sent to us a bill containing some legislation which may incidentally ~reaterevenue. (1 Story on Constitution, sec. 880.) it was entirely proper for them to incorporate in the bill, if That ~as the language of Mr. Justice Story long ago, incor they saw fit. I understand that the House may pass an appro-. porated in this opinion and expressly affirmed, and also in the priation bill and send it here containing general legislation. Ninety-first United States, by unanimous decision of the Su We have a rule that a bill coming from the IIouse shall not be preme Court. The court continues : amended by any general legislation here. We also have a pro The main purpose that Congress had in view was to provide a na vision that certain amendments may be put on, if they are tional cunency based upon United States bonds. and to that end it was reported from a standing -committee. . 'Ve did what we had a · deemed wise to impose the tax in question. The tax was a means for right to do. We struck out the legislative portion of the bill as effectually accomplishing the great object of giving to the people a currency that would rest primarily upon the honor of the United States to bonds and some parts of the bill which might be considered and be available in every part of the country. There was no purpose by as legislative giving directions as to the expenditure of this the act or by any o! its provisions to raise revenue to be applied in money. meeting the expenses or obligations of the Government. · Mr. GORMAN. They were limitations. Now, Mr. President, I do not intend to take further time. Mr. TELLER. They were but limitations on the bill. Here is to be found, under the strongest possible sanction. n. Mr. President, so far as the members .of the conference com- definition of the word "revenue," as used in this constitutional . mittee on the part of the Senate expressed themselves, they were provision, made a great many years ago by Judge Story, prac entirely in accord with the position taken by the Senator from tically adopted by both bodies ever since, sustained by a num Wisconsin [l\fr. SPOONER] and the Senator from Rhode Island ber of decisions which I have not stopped to even note, and [Mr. ALDRICH]. I do not care myself to go into any general dis lastly sustained in language too plain for dispute by the Su cussion except to say that I do want to enter it upon the preme Court of the United States. Nothing can be plainer than records of the Senate that we in nowise gave way to that de that this bill and kindred bills do not fall within that definition. mand; that it was but an assertion of our right to amend the There seems to be no answer to the suggestion of the Senator bill, and to amend it as we thought it ought to be amended if from Rhode Island [Mr. ALDRICH] that if section 1 as sent to it was to pass with that clause in it. us by the House of Representatives is a revenue bill within the Mr. SPOONER. What I said was that it might seem, in meaning of section 7 of Article I of the Constitution we have view of the fact that the section was put back into the bill, as a, right under that clause to add to it a tariff bill or amend if we were yielding, and that I immediately denied. , I did not ments to the internal-revenue law. An attempt to treat the intend to impute that to the members· of the conference com bill as a revenue bill for such a purpose could not fail to excite mittee. derision. Mr. TELLER. I did not consent that the provision as it :Mr. President, I can not take· more time. I am conscious of came from the House should be put back, for the simple reason ·the very imperfect presentation of a very strong and sound that the Finance Committee when considering it had not con proposition. sidered the character of the first section as sufficient to accom The· Senate is about seemingly to recognize some force in plish what the House intended to accomplish and what the the contention of the House. Senate wanted tQ accompl~h. We left the question open as to Mr. TELLER. How? whether that was an invasion of the right of the House. Mr. SPOONER. By incorporating the- same provision in a I cqnfess, Mr. President, that I should not, under the circum little different language in the House bill. stances, have b«?~n willing to consent to any change of the Sen Mr. ALDRICH. It is the same language. ate rule on amendlnents-that is, in striking it out. I should Mr. SPOONER. The same language is used that is found in have insisted that if should remain out but for the fact that the Senate bill. But, Mr. President, that is to the credit of the the House members were insistent that it should go in, and we· Senate. It does not mean that the Senate yields in the slight are at the end of the session before adjournment for the holi- ' est upon the point. In my view, to do this would be infidelity da'ys, the executive departmen~ demanding of us the passage to the Constitution, and would be full of harm to the public of this bill, say~g they need the money, and I felt we could interest. It means simply this, that without any temper,. with, afford to yield something not in the way of the demand that I think, the unanimous opinion among the lawyers of this body they made, but on the amendinent that we had made. that the jurisdiction of the Senate tcf originate and pass re Mr. President, I listened to the legal argument made by the turned to us the bill has been hastily and without foundation Senator from Wisconsin, as I always do, with great pleasure. challenged by the House of Representatives, the Senate will I think it is perfectly unanswerable. There are one or two not delay for one moment the passage of this emergency phases of his address to the Senate that struck me with great bill for prolonged conferences between the two houses on this force. I must say that it was very refreshing and encour question. . . . aging to me to hear the . Senator from Wisconsin advising the . -1\fr. President, I intend to move at the proper time a reference Senate that we must stand by the old theory of government; to ·the Committee oii Finance of the message from the Honse that we had limitations upon the departments; that the legis- 1905. . CONGRESSIONAL RECORD-SENATE. 585 lative department was to legislate, the executive department The VICE-PRESIDENT laid before the Senate the follow· was to execute, the judicial department was to determine con ing resolution of the House of Representatives, which was read: troversies. I know there are a great many Senators here who IN THE HOUSE OF REPRESENTATIVES, believe that doctrine to be true and who are devoted to -it. December 15, 1905. Yet I know in the last few years there has been in every Resolved, That the bill (S. 1475) to provide that the 2 per cent bonds issued under: section 8 of the act entitled "An act to provide for department of the Government apparent1y a disposition to for the construction of a canal connecting the waters of the Atlantic and get that these are constitutional distinctions and are binding Pacific oceans, approved June 28, 1902, shall have the s.ame right and upon us all. There has grown up within a few years a disposi • privileges that are accorded by law to other 2 per cent bonds of the U1;1ited States," in the opinion of this House, as respects the first tion to say, When you want a thing done you must find a way clause of the seventh section of the first article of the Constitution, is to do it. I recall that within a very short time, in a message an infringement on the privileges of this House, and that the said bill from the Executive to Congress, it was suggested that certain be taken from the Speaker's table and be respectfully returned to the things ought to be done, and there was the advice to Congress Senate with a message communicating this resolution. . that Congress must find a way to do it · Mr. SPOONER. I move that the message·be referred·to the 1\fr. President, our power here is an unquestioned power. Committee on Finance, with instructions to report thereon._ There can not be much controversy as to what are our duties The motion was agreed to. and our rights here. The limitations between the legislative Mr. ALDRICH. I move that the Senate adjourn. and executive are marked in the Constitution, so that any man The motion was agreed to ; and (at 3 o'clock and 40 min fit to sit in this Chamber· ought to have pretty clear ideas of utes p. m.) the Senate adjourned until to-morrow, Wednesday, them. Sometimes we let the pressure that comes from certain December 20, 1905, at 12 o'clock meridian. · places, I think, compel us to surrender our own convictions to that of other people. So I repeat it is refreshing to hear a NOMINATIONS. Senator stand on this floor and urge us to stand by the old tra ditions of the bodies. Execz1,tive no11iinations ·received by the Senate Decembet·19, 1905~ 1\Ir. GORMAN. Mr. President, I should like to ask only one CHIEF JUSTICE OF THE COUitT O:JJ; CLAIMS. question of the distinguished chairman of the committee. The Stanton J. Peelle, of Indiana, to be chief justice of the Court bill, ·as it will stand if the conference report is agreed to, of Claims; vice Charles C. Nott, resigned. . _·· · .. : enables the Treasury Department, under the direction of the President, to dispose of $135,000,000 of bonds, and the object of JUDGE OF THE COURT OF CLAI.MS. ", ' .. the amendment, I understand, is to enable the sale of the bonds Samuel S. Barney, of Wisconsin, to be judge of the Court. of to be made at a fair rate. Claims, vice Stanton J. Peelle, nominated to be chief justice of I observe from the hearing before the Committee on Appro said court. · priations that the distinguished officer who has charge of the . ASSISTANT TREASURER. construction of the canal, the Secretary of War, frankly stated Joseph Bosler, of Pennsylvania, to be assistant treasurer of that if these bonds were disposed of the executive branch would the United States at Philadelphia, Pa., to succeed William S. have a right to contract for any amount of work to the extent Lieb, removed. of the whole proceeds of those bonds without any further appro MABSHA.L. priation by Congress. I should like to ask the Senator in William P. Warner, of Nebraska, to be United States marshal charge of the bill if that consh·uction of the Spooner Act has for the dish·ict of Nebraska, vice Trevanyon L. :Mathews, re been accepted by his committee? moved. Mr. ALLISON. l\Ir. President, I think the committee was of the opinion (although I speak only for myself, as the question COLLECTOR OF CUSTOMS. was not distinctly put to the committee as to their view of the Joseph B. Stewart, of Virginia, to be collector of customs for Secretary's statement) that the original Spooner Act provides the district of Richmond, in the State of Virginia. (Reappoint that the President may contract for the construction of the ment.) canal, with a limitation of one hundred and thirty-five million, Levi M. Willcuts, ot Minnesota, to be collector of customs so that it leaves in doubt, to say the least, the question whether, for the district of Duluth, in the State of Minnesota. (Re if the President desired to do so under the original Spooner Act, appointment.) he could enter into a contract for the construction of the David S. Clark, of Delaware, to be collector of customs for isthmian canal on the plan provided for in that act, if he could the district of Delaware, in the State of Delaware, to succeed find a responsible contractor who would agree to construct the Robert G. Houston, whose term of office expired by limitation canal for $135,000,000. December 13, 1905. But in order that there might be no future dispute on that Sterling A. Campbell, of California, to be collector of cus question and questions arising respecting it, this bill provides toms for the district of Humboldt, in the State of California. safeguards in regard to appropriations and contracts which (Reappointment.) pro tanto change whatever the original construction might prop POSTMASTER. erly be as respects the power to make contracts. So I think GEORGIA. whatever-- Susie M. Atkinson to be postmaster at Newnan, in the l\fr. BACON. If the Senator will pardon me, I desire to ask county of Coweta and State of Georgia, in place of Rober( F. him if he means by that that the amendment which was offered Milner. Incumbent's commission expires January 28, 1906. by the Senator from Rhode Island has been retained by the ~n ference committee? The Senator will remember that the amend WITHDRAWAL. ment offered by the Senator from Rhode Island prohibited any thing from being expended except that which was paid out in Executive no-mination withdr awn December 19, 1905. accordance with appropriations. Was that amendment re W. Y. Atkinson to be postmaster at Newnan, in the State of tained? The amendments are described only by numbers in Georgia. , the conference report, and consequently we were not able to understand them from the reading of the report at the desk. CONFIRMATIONS. 1\fr. ALLISON. Practically all the amendments of the Senate Exectttive no-minations confit·med by the Senate Decem.ber 19, are retained. The provision offered by the Senator from Rhode 1905. Island is retained in the bill -as agreed upbn· 'Dy the cominittee of conference. So I think whatever difficulties or· differences COMMISSIONER OF THE INTERIOR OF PORTO RICO. may have arisen respecting this important matter in the past, Laurance H. Grahame, of New York City, to be commissioner as to what the Spooner law did or did not authorize; it is made of the interior of Porto Rico. reasonably plain in the amendments made by the Senate and in TREASURER OF PORTO RICO. the House bill agreed to by the conference committee that in the William F. Willoughby, of the District of Columbia, to be future there must be appropriations before contracts can be treasurer of the island of Porto Rico. executed. The VICE-PRESIDENT. The question is on agreeing to the ATTORNEY-GENERAL OF PORTO JUCO. report of the committee of conference. Frank Feuille, of Porto Rico, to be attorney-general of Porto The report was agreed to~ Rico. ASSOOIA.TE JUSTICES OF THE SUPREME COURT. PANAMA CANAL BONDS. Frank W. Parker, of New Mexico, to be associate justice of Mr. SPOONER. I ask that the message from the House of the supreme court of the Territory of New Mexico. Representatives returning the Senate bill be laid before · the John R. MeFfe, of New Mexico, to be associate justice of the Senate. supreme court of the Territory of New Mexico. OONGRESSION AL ltE{)OJID--,SENA'TK . DECEMBER 19.,
ASSISTANT ArrTOBNEY-GENEJUL. Gad .Smitll, Charles Walker McClure, ·of Illinois, to be second lieutenant Cadet Edward Cornelius Hanford. from April 11, 1905. . Cadet Berkeley Thorne Merchant. Lewis Carleton Leftwich, of Texas, to be second lieutenant Cadet Hugh.Bunt Broadhurst. from April 11, 1905. Cadet Arthur William Holderness. Chester Henning Loop, of Tennessee, to be second lieutenant Cadet Louis Albert O'Donnell. from April 11, 1905. Infantry Arm-. William Perkins Currier, of Virginia, to be second lieutenant from April 11, 1905. Cadet Rolland Webster Case. Pickens Evans Woodson, of Texas, to be second lieutenant Cadet Charles Stuart Donavin. from April 11, 1905. Cadet Norman Foster Ramsey. Ambrose Robert Emery, of Indiana, to be second lieutenant Cadet De Witt Clinton Tucker Grubbs. from April 11, 1905. Cadet Thomas West Hammond. Albert Leas Hall, of Indiana, to be second lieutenant from Cadet Calvin Pearl Titus. April 11, 1905. Cadet William Charles Miller. Edmund Clivious Waddill, of Virginia, to be second lieutenant Cadet Frederick Willis Manley. from April 11, 1905. Cadet Arthur Willis Lane. · John Hanckel Ellerson, of Virginia, to be second lieutenant Cadet Bernard Lentz. from April 11, 1905. Cadet Frederic Coleman Test. SUBSISTENCE DEPARTMENT. Cadet Arthur Charles Tipton. Cadet Owen Stedman Albright. Col. Henry G. Sharpe, Assistant Commissary-General, to be Cadet Fr~d Hendrickson Baird. Commissary-General, with the rank of brigadier-general, for the Cadet Clifford Cabell Early. period of four years beginning October 12, 1905, with rank from Cadet George Frank Waugh. that date. Cadet Allan Rutherford. TO BE SECOND LIEUTENANTS. Cadet William Henry Hawes. Oorps of Enginee-rs. Cadet Oscar Arden Russell. · Cadet De Witt Clinton Jones. Cadet William Seward Weeks. Cadet Ernest Graves. Cadet A very Duane Cummings. Cadet Francis Bowditch Wilby. Cadet Charles Smith Caffery. Cadet Clarence Self Ridley. Cadet Allen Wyant Gullion. Cadet Alvin Barton Barber. Cadet Louis Albert Kunzig. Cadet William Fitzhugh Endress. Cadet John Pearson Bubb. Cadet Jarvis Johnson Bain. Cadet John George Hotz. Cadet Thomas Henry Emerson. Cadet Clarence Andrew 1\Iitchell. Cadet Robert Spencer Thomas. Cadet John Roy Starkey. Cadet Carlos John Stolbrand. Cadet Felix Waggoner Motlow. Cadet Roger Garfield Powell. Cadet Joseph Edward Barzynski. Cadet John Neal Hodges. Cadet Ralph Dwight Bates. Cadet Arthur Rudolph Ehrnbeck. Cadet William Eaton Merritt. Cadet Ben Waller Feild. Artillery Ocn·ps. Cadet Robert Morrisson, jr. Cadet .Douglas Imrie McKay. Cadet Bloxham Ward. Cadet ~homas Marshall Spaulding. Cadet Paul Hedrick Clark. Cadet Thomas Bartwell Doe. Cadet Thomas Hixon Lowe. Cadet Louis Herbert McKinlay. Cadet Herndon Sharp. Cadet Benjamin Henderson Lorne Williams. Cadet Torrey Borden Magbee. Cadet Thomas Dewey Osborne. Cadet William Whitehead West, jr. Cadet Otho Vaughan Kean. Cadet Halsey Dunwoody. TO DE ADDITIONAL SECOND LIEUTENANTS. Cadet David Curtis Seagrave. A1·tillery Oorps. Cadet William Henry Dodds, jr. Cadet Henry Tacitus Burgin. Cadet LeRoy Bartlett. Cadet Nathan Horowitz. Cadet John Lund. Cadet Clifford Lee Corbin. Cadet Robert Collins Eddy. Oavalry A1·m. Cadet Patrick Henry Winston. Cadet Joseph Ray Davis. · Cadet Julius Charles Peterson. Cadet Sherman Miles. Cadet John Stevens Hammond. Infantry Arm. Cadet Basi 1 Gordon Moon. Cadet George Washington Maddox. Cadet James Frederick Walker. Cadet Walter Eldridge Pridgen. Cadet Charles Roemer. Cadet James Wilson Hemphill Reisinger, jr. Cadet Ellery Willis Niles. Cadet Rupert Algernon Dunford. · Cadet Adelno Gibson. Cadet Charles Carr Bankhead. Cadet Charles Dudley Daly. Cadet Albert Terrell Bishop. GENERAL OFFICERS. Cadet Haldan Urling Tompkins. Brig. Gen. John P. Story (since retired from active service) Cadet James Saye Dusenbury. Chief of Artillery, to be major-general from June 17, 1905. ' Cadet Lloyd Burns Magruder. Brig. Gen. George 1\-f. Randall (since retired from active serv Cadet Robert Henry Lewis. ice) to be major-general from June 19, 1905. Cadet Francis Bowen Upham. Brig. Gen. John F. Weston, Commissary-General, to be major- Cadet Arthur Hazleton Carter. general from October 8, 1905. . _Cadet Sidney Bowland Guthrie. Col. Thomas C. Lebo (since retired from active service) Cadet Walter Evans Prosser. Fourteenth Cavalry, to be brigadier-general from June 22, 1905: Oaval1·y At·m. Col. Winfield S. Edgerly, Second Cavalry, to be brigadier general from June 23, 1905. Cadet John de Barth Walbach Gardiner. Cadet George Dillman. MILITARY SECRETARY'S DEPARTMENT. Cadet Philip John Radcliffe Kiehi. Capt. Benjamin Alvord, Twenty-tifth Infantry, to be Military Cadet Clarence Kumukoa Lyman. Secretary, with rank of major, :(rom June 10, 1905. · Cadet Charles Lewis Scott. Capt. Eugene F. Ladd, detailed quartermaster, to be Military Cadet William Adams Dallam. Secretary, with rank of major, from June 23, 1905. Cadet James Hoop Dickey. ARTILLERY CORPS. Cadet Ralph Talbot, jr. Col. Benjamin K. Roberts (since retired from active service), Cadet William Nicholas Hensley, jr. Artillery Corps, to be Chief of Artillery, with rank of brigadier Cadet Charles Exton Bamford. general, from June 19, 1905. Cadet Louis Piaget Schoonmaker. Col. Samuel M. Mills, Artillery Corps, to be Chief of ArtBlery Cadet Karl Daenzer Klemm. with rank of brigadier-general, from June 20, 1905. · ' 588 CONGRESSIONAL RECORD-SENATE .. DECEMBER 19, APPOINTMENT, BY TRANSFER, IN THE .AlU!Y. Capt. Harry M. Hallock, assistant surgeon, to be surgeon with ARTILLERY CORPS. the rank of major from July 1, 1905. Second Lieut. Mark L. Ireland, Eleventh Infantry, from the PAY DEPARTMENT. infantry arm to the Artillery Cor.J?s, Mar~h 30, 1905. Capt. Manly B. Curry, paymaster, to be paymaster with the IN.FANTRY ARM. rank of major from April 13, 1905. Second Lieut. Byrd Alston Page, Artillery Corps, from the Capt James W. Dawes, paymaster, to be paymaster with the rank ot major from August 12, 1905. Artillery Corps to the infantry arm, March 30, 1905. Capt. James Canby, paymaster, to be paymaster with the · PROMOTIONS IN THE ARMY. rank of major from October 4, 1905. QUARTERMASTER'S DEPARTMENT. CORPS OF ENGINEERS. Maj. Robert R. Stevens, quartermaster, to be deputy quarter Lieut. Col. Henry M. Adams, Corps of Engineers, to be colonel master-general with the rank of lieutenant-colonel from Decem from June 26, 1905. ber 15, 1905. Lieut. Col. Charles E. L. B. Davis, Corps of Engineers, to be Capt. Richmond MeA. Schofield, quartermaster, to be quarter colonel from October 15, 1905. master with the rank of major from December 15, 1905. Maj. William M. Black, Corps of Engineers, to be lieutenant INFANTRY ARM. colonel from June 26, 1905. First Lieut. George B. Pond, Third Infantry, to be captain Maj. Walter L. Fisk, Corps of Engineers, to be lieutenant-colo from October 6, 1905. nel from October 15, 1905. First Lieut. Dana T. Merrill, Twenty-third Infantry, to be Capt. Eugene W. Van C. Lucas, Corps of Engineers, to be captain from October 10, 1905. major from June 26, 1905. First Lieut. Alexander M. Wetherill, Thirteenth Infantry, to Capt Henry Jervey, Corps of Engineers, to be major from be captain from October 11, 1905. October 15, 1905. First Lieut. Charles N. Murphy, Twenty-fifth Infantry, to be First Lieut. Lewis H. Rand, Corps of Engineers, to be captain captain from October 29, 1905. from June 26, 1905. · First Lieut. Theodore A. Baldwin, jr., Twenty-fourth In First Lieut. Edward M. Markham, Corps of Engineers, to be fantry, to be captain from October 30, 1905. captain from October 15, 1905. First Lieut. George H. Shields, jr., Twelfth Infantry, to be Second Lieut. Lewis M. Adams, Corps of Engineers, to be first captain from November 2, 1905. lieutenant from June 26, 1905. First Lieut. Eleutheros H. Cooke, Tenth Infantry, to be cap Second Lieut. Charles R. Pettis, Corps of Engineers, to be tain from November 15, 1905. first lieutenant from October 15, 1905. CAVALRY ARM. SIGNAL CORPS. First Lieut. Grayson V. Heidt, Fourteenth Cavalry, to be cap Capt. Eugene 0. Fech~t. Signal Corps, to be major from tain from November 28, 1905. August 22, 1905. Second Lieut. Kerr T. Riggs, Fourteenth Cavalry, to be first First Lieut. Mack K. Cunningham, Signal Corps, to be captain lieutenant from November 18, 1905. from August 22, 1905. Second Lieut. Carl H. Muller, Tenth Cavalry, to be first lieu CAVALRY A.R:A£. tenant from November 28, 1905. Lieut. Col. William Stanton, Eleventh Cavalry, to be colonel ARTILLERY CORPS. from March 18, 1905. Lieut. Col. Edward A. Godwin, Ninth Cavalry, to be colonel Capt. Adelbert Cronkhite, detailed quartermaster, to be major from June 22, 1905. from November 24, 1905. Lieut. Col. Frederick K. Ward, detailed inspector-ge~ral, t~ THE MILITARY SECRETARY'S DEPARTMENT. be colonel from June 23, 1905. Lieut. Col. James T. Kerr, military secreta:r;y, to be military Maj. Edward J. McClernand, unassigned, to be lieutenant secretary with the rank of colonel from June 17, 1905. colonel from March 18, 19 5. l\Iaj. Alexander 0. Brodie, military secretary, to be military Maj. Levi P. Hunt, Thirteenth Cavalry, to be lieutenant secretary with the rank of lieutenant-colonel from June 10, colonel from April 7, 1905. 1905. Maj. Cunliffe H. Murray, Fourth Cavalry, to be lieutenant Maj. Benjamin Alvord, military secretary, to be military sec colonel from April 8, 1905. retary with the rank of lieutenant~colonel from June 17, 1905. Maj. Charles A. Varnum, Ninth Cavalry, to be lieutenant SUBSISTENCE DEPARTMENT. colonel from April 10, 1905. Maj. Herbert E. Tutherly, detai)ed inspector-general, to be Lieut. Col. Edward E. Dravo, deputy commissary-general. to lieutenant-colonel from June 22, 1905. be assistant commissary-general with the rank of colonel from Maj. Thaddeus W. Jones, Thirteenth Cavalry, to be lieutenant October 6, 1005. colonel from October 20, 1905. Lieut. Col. Abiel L. Smith, deputy commissary-general, to be Capt. Lloyd M. Brett, Seventh Cavalry, to be major from assistant commissary-general with the rank of colonel from March 30, 1905. October 13, 1905. Capt. Elon F. Willcox, Sixth Cavalry, to be major from April Maj. David L. Brainard, commissary, to be deputy commis 7, 1905. sary-general with the rank of lieutenant-colonel from August Capt. Henry J. Goldman, Fifth Cavalry, to be major from 28, 1905. April 8, 1905. Maj. George B. Davis, commissary, to be deputy commissary Capt. Augustus C. Macomb, Fifth Cavalry, to be major from general with the rank of lieutenant-colonel from October 6, April 10, 1905. ' 1905. Capt. Thomas J. Lewis, Second Cavalry, to be major from Maj. Barrington K. West, commissary, to be deputy com April 22, 1905. missary-general with the rank of lieutenant-colonel from Oc Capt. William A. Mercer, Seventh Cavalry, to be major from tober 13, 1005. June 26, 1905. Capt. George W. Ruthers, commissary, to be commissary with Capt. Charles H. Grierson, Tenth Cavalry, to be major from the rank of major from August 28, 1905. Augu_st 2, 1905. Capt. Harry ID. Wilkins, commissary, to be commissary with Capt. Harry C. Benson, Fourth Cavalry, to be major from the rank of major from October 6, 1905. October 20, 1905. Capt. William L. Geary, commi sary, to be commissary with Capt George H. Sands, Sixth Cavalry, to be major from Oc the rank of major from October 13, 1905. tober 20, 1905. MEDICAL DEPARTMENT. First Lieut. Robert R. Wallach, Third Cavalry, to be captain Lieut. Col. George W. Adair, deputy surgeon-general, to be from March 30, 1905. assistant surgeon-general with the rank of colonel from April 6, First Lieut. George Williams, Eighth Cavalry, to be captain 1905. from April 7, 1905. Maj. William W. Gray, surgeon, to be deputy surgeon-general First Lieut. Charles S. Haight, Fourth Cavalry, to be captain with the rank of lieutenant-colonel from April 6, 1905. from April 8, 1905. Maj. Louis Brechemin, surgeon, to be deputy surgeon-general First Lieut. William D. Forsyth, Fifteenth Cavalry, to be with the rank of lieutenant-colonel from July 1, 1905. captain from April 10, 1905. Capt. Frederick P. Reynolds, assistant surgeon, to be sur -First Lieut. John J. Boniface, Fourth Cavalry, to be captain geon with the rank of major from March 31, 1905. from April 22, 1905. Capt. Robert s. Woodson, assistant surgeon, to be surgeon First Lieut. Warren Dean,. Fifteenth Cavalry, to be captain with the rank of major from April 6, 1905. from May 2, 1905. , 1905. CONGRESSIONAL RECORD-SENATE. 589 First Lieut. Fitzhugh Lee, jr., Twelfth Cavalry, to be captain Maj. Jolui A. Lundeen, Artillery Corps, to be lieutenant from June 26, 1905. colonel from June 8, 1905. First Lieut. J.ames F. McKinley, Fourteenth Cavalry, to be Maj. Medorem CrawfoTd, Artillery Oorps, to be lieutenant captain from July 7, 1905. colonel from June 20, 1905. First Lieut. Patrick W. Guiney, Sixth Cavalry, to be captain 1\Iaj. Garland N. Whistler, Artillery Corps, to be lieutenant from July 17, 1905. colonel from June 30, 1905. Fir t. Lieut. Leon B. Kromer, Eleventh Cavalry, to be captain Maj. Hugh A. Reed, Artillery -corps, to be lieutenant-colonel from August 2, 1905. · from September 16, 1905. First Lieut. Charles A. Romeyn, Thirteenth Cavalry, to be Maj. Albert S. Cummins, Artillery Corps, to be lieutenant captain from August 8, 1905. . colonel from November 7, 1905. First Lieut. Evan H. Hump-hrey, Seventh Cavalry, to be cap Capt. Albert C. Blunt, Artill-ery Corps, to be major from April tain from August 16, 1905. 12, 1905. Fir t Lieut. George V. H. M-oseley, First Cavairy, to be cap Capt. William Second Lieut. Raymond S. Pratt, Artillery Corps, to be first Second Lieut. Leonard H. Cook, Fifteenth Infantry, to be lieutenant from September 16, 1905. first lieutenant from April 11, 1905. Second Lieut. Alfred A. Maybach, Artillery Corps, to be first Second Lieut. Horatio I. Lawrance, Twentieth Infantry, to be lieutenant from September 16, 1905. first lieutenant from April 11, 1905. Second Lieut. William B. Wallace, Twentieth Infantry, to be INFANTRY ABM. first lieutenant from April 29, 1905. Lieut. Col. Calvin D. Cowles, Fourth Infantry, to .be colonel Second Lieut. Wylie T. Conway, Twenty-eighth Infantry, to from April 11, 1905. be first lieutenant from May 1, 1905. Lieut. Col. George P. Borden, Fifth Infantry, to be colonel Second Lieut. Shepard L. Pike, Eighteenth Infantry, to be from April 14, 1905. first lieutenant from May 4, 1905. lJeut. Col. William B. Wheeler, Second Infantry, to be colonel Second Lieut. George A. Wieczorek, Second Infantry, to be from October 11, 1905. first lieutenant from May 4, 1905. Lieut. Col. Walter S. Scott, Eleventh Infantry, to be colonel -second Lieut. Henry G. Stahl, Sixth Infantry, to be first lieu from October 30, 1905. tenant from May 13, 1905. Maj. James A. Irons, Sixteenth Infantry, to be lieutenant Second Lieut. Roy C. Kirtland, Fourteenth Infantry, to be colonel from April 9, 1905. first lieutenant from May 18, 1905. Maj. Leonard A. Lovering, detailed inspector-general, to be Second Lieut. Alfred C. Arnold, Thirteenth Infantry, to be lieutenant-colonel from April 11, 1905. first lieutenant from May 20, 1905. Maj. Robert K. Evans, detailed military secretary, to be OFFICERS PLACED ON THE RETmED LIST OF THE Aru.fY. lleutenant-colonel f-rom April 14, 1905. Maj. George F. Cooke, Twenty-sixth Infantry, to be lieuten WITH THE RANK OF BRIGADIER-GENERAL. ant-colonel from July 28, 1905. Col. Butler D. Price, Sixteenth Infantry, with rank from the Maj. Charles St. J. Chubb, Fifteenth Infantry, to be lieuten date upon which he shall be retired from active service. ant-colonel from October ll, 1905. · Col. Henry H. Adams, retired, with rank from April 11, 1905. Maj. Palmer G. Wood, Twelfth Infantry, to be lieutenant Col William A. Jones, retired, with rank from June 26, 1905. colonel from October 30, 1905. Col Henry W. Hubbell, retired, with rank from May 20, 1905. Capt. William F. Blauvelt, detailed paymaster, to be major Col. Henry C. Ward, retired, with rank from October 30, 1905. from April 9, 1905. Col. William Ennis, retired, with rank from November 7, 1905. Capt. Henry C. Hodges, jr., detailed quartermaster, to be WITH THE RANK OF COLONEL. major from July 15, 1905. Lieut. Col. John Tweedale, retired, with" rank from June 10, Capt. Robert L. Hirst, Twelfth Infantry, to be major from 1905. July 20, 1905. WITH THE RANK OF LIEUTENANT-COLONEL. Capt. Harris L. Roberts, Second Infantry, to be major from Maj. Seymour Howell, retired, with rank from August 12,. July 28, 1905. 1905. Capt. Walter H. Chatfield, Fifth Infantry, to- be major from Chaplain (Maj.) George Robinson, retired, with rank from August 15, 1905. March 19, 1905. Capt. John F. Morrison, Twentieth Infantry, to be major Maj. Otto Becker, retired, with rank from October 4, 1905. from October G, 1905. Capt. Andrew S. Rowan, Nineteenth Infantry, to be major WITH THE RANK OF MAJOR. from October 11, 1905. Chaplain (Capt.) Orville J. Nave, retired, with rank from Capt. Frank B. Andrus, Eighth Infantry, to be major from April 30, 1905. October 30, 1905. · Chaplain (Capt.) Joseph A. Potter, retired, with rank from First Lieut. Benjamin H. Watkins, Twenty-fifth Infantry, to October 19, 1905. be captain from February 11, 1905. MEMBER OF CALIFORNIA DEBRIS COMMISSION. First Lieut. Robert M. Brambila, Fourteenth Infantry, to be Capt. Charles H. McKinstry, Corps of Engineers, United captain from February 18, 1905. States Army, for appointment as a member of the California First Lieut. Harry F. Dalton, Stxth Infantry, to be captain Debris Commission provided for by the act of Congress ap from April 11, 1905. proved March 1, 1893, entitled "An act to create the California First Lieut. John N. Straat, Twenty-fifth Infantry, to be cap Debrs Commission and regulate llydraulic mining in the State tain from April 29, 1905. of California," to which office he was appointed during the last First Lieut. George de G. Catlin, Second Infantry, to be cap recess ·of the Senate. tain · from May 13, 1905. POSTMASTERS. l!"'"lrst Lieut. Marshall Childs, Twelfth Infantry, to be captain ALAB.!.?IU. from June 17, 1905. William A. Heck to be postmaster at Cullman, in the county First Lieut. Henry S. Wagner, Fourteenth Infantry, to be of Cullman and State of Alabama. captain from June 30, 1905. John J. Stephens to be postmaster at Attalla, in the county of First Lieut. Frederick G. Knabenshue, Fifteenth Infantry, to Etowah and State of Alabama. be captain from July 20, 1905. CALIF ORNIA. First Lieut. George H. Knox, Seventh Infantry, to be captain Nor.q~an Ashcroft to be postmaster at Hollywood, in the county from July 28, 1905. of Los Angeles and State of California. First. Lieut. Thomas J. Powers, Twentieth Infantry, to be James G. Ferguson to be postmaster at Clovis, in the county captain from July 28, 1905. . of Fresno and State of California. First Lieut. James E. Bell, Seventeenth Infantry, to be cap George W. Humphreys to be postmaster at Dunsmuir, 'in the tain from July 28,-1905. county of Siskiyou and State of California. First Lieut. Martin L. Crimmins, Nineteenth Infantry, to be James T. Negley to be postmaster at Alturas, in the county of captain from August 8, 1905. Modoc and State of California. · . First Lieut. Marion M. Weeks, Twenty-first Infantry, to be captain from August 15, 1905. GEORGIA. First Lieut. James M. Love, jr., Twenty-first Infantry, to be Susie M. Atkinson to be postmaster at Newnan, in the county captain from August 21, 1905. of Coweta and State of Georgia. First Lieut. Paul H. McCook, Second Infantry, to be captain John M. Duff to be postmaster at Tifton, in the county of Tift from September 22, 1905. and State of Georgia. First Lieut. Frederick W. Coleman, Thirtee:sth Infantry, to ILLINOIS. be captain from October 4, 1905. John F. Donovan to be po·stmaster at Kinmundy, in the county Second Lieut. James L. Craig, Twenty-ninth Infantry, to be of :Marion and State of Illinoist first lieutenant from December 31, 1904. Augustus H. Heiple to be postmaster at Washington, in the Second Lieut. Edward K. Massee, Seventh Infantry, to be first county of Tazewell and State of Illinois. lieutenant from January 15, 1905. William W. Wagner to be postmaster at Hospital, ln the -second Lieut. Joseph A. Marmon, Fourth Infantry, to be first county of Kankakee and State of Illinois. lieutenant from February 3, 1905. INDIANA. Second Lieut. .Tames A. Higgins, Thirtieth Infantry, to be Fletcher W. Boyd to be postmaster at Covington, in the first lieutenant from February 11, 1905. county of Fountain and State of Indiana. Second Lieut. Rinaldo R. Wood, Fifth Infantry, to be first John J. Brown to be pof?tmaster at Rockport, in the ccunty of lieutenant from February 18, 1905. Spencer and State of II;ldiana. 1905. CONGRESSIONAL RECORD-HOUSE. 591 . Calvin F. Brown to be postmaster at Pendleton, in the county Lyman Brandt to be postmaster at Park River, in the county of Madison and State of Indiana. · · of Walsh and State of North Dakota. Weldon A. Finch to be postmaster at Elwood, in the county of Minnie L. Budge to be postmaster at Grand Forks, in the Madi on and State of Indiana. county of Grand Forks and State of North Dakota. Robert P. Grimes to be postmaster at Anderson, in the county Clarence M. Condit to be postmaster at Westhope, in the of Madison and State of Indiana. county of Bottineau and State of North Dakota. William W. Kennedy to be postmaster at Martinsville, in the Jeremiah H. Dooley to be postmaster at Leeds, in the county county of Morgan and State of Indiana. · of Benson and State of North Dakota. William Miller to be postmaster at Nappanee, in the county James E. Galehouse, jr., to be postmaster at Carrington, in of Elkhart and State of Indiana. the county of Foster and State of North Dakota. . Marvin W. Pershing to be postmaster at Tipton, in the county Ole Helseth to be postmaster at Balfour, in the county of of Tipton and State of Indiana. McHenry and State of North Dakota. Arthur P. Twineham to be postmaster· at Princeton, in the Nelson C. Lawrence to be postmaster at Dickinson, in the county of Gibson and State of Indiana. county of Stark and State of North Dakota. · MARYLAND. Henry T. Nelson to be postmaster at Courtenay, in the county Philip T. Harman to be postmaster at Ellicott City, in the of Stutsman and State of North Dakota. · county of Howard and State of Maryland. OHIO. William F. Lankford to be postmaster at Princess Anne, in W. P. Shepard to be postmaster at Nelsonviile, in the county the county of Somerset and State of Maryland. of Athens and State of Ohio. Alfred W. Thompson .to be postmaster at Ridgely, in the OKLAHOMA. county of Cai·oline and ·state of Maryland. · · Frank W. Hungate to be postmaster at Hydro, in 1;he count-y Gustavus B. Ti.manus to be ·postmaster. at Laurel, in the of Caddo a,nd •rerritory of Oklahoma. . . county of Prince George and State of Ma1;yland. John C. Morphis to be postmaster at Cleveland, in the county George Tise to be postmaster at Hyattsville, in the county of of Pawnee and Territory of Oklahoma. - Prince George and State of Maryland. OREGON. Emma E. Zimmerman to be postmaster at Emmitsburg, in the Arthur Wheelhouse to be p Included in that section of the sundry civil act approved M.arch 3, urally is printed as a document Now, I suggest to the gentle 1905, which provided for the preparation of the report on the mineral resources of the United States, and for his opinion as to whether or man if the Committee on Mines and Mining need this informa not this investigation should be continued. tion from the Secretary for their benefit they can get it by The SPE'AKER. This resolution was referred to the Com addressing a letter to the Secretary or Director of the Geolog mittee on Mines and ·Mining, and was reported to the· Bouse ical Survey. Every committee of the Bouse gets that informa~ and is upon the Calendar. Is there objection to its present tion upon request, and here is a proposition to duplicate print consideration? ing-- Mr. PAYNE. Mr. Speaker, reserving the right to object, I Mr. MONDELL. Well, Mr. Speaker, there is no proposition would like to inquire who reported this resolution? to duplicate printing at all. This communication bas not been Mr. BROWN. It was· reported from the Committee on Mines printed. I do not know that anyone has suggested that it be and Mining yesterday, but the report is not yet in the folding printed. It is the desire of the people living in many of tile room. . Western as well as some of the Easter·n States, who have min; Mr. P .A.YNE. Who reported it? eral lands which ·they desire to have .tested by the Government, Mr. BROWN. I, myself. · . . to have this information officially in the bands of the commit Mr. MANN. Mr. Speaker, reserving the right to object, I tees of the Bouse. This information will be embodied in a com: would like to hear an explanation of what this is. paratively brief letter, and this resolution will bring it before Mr. BROWN. Mr. Speaker, I :yvill yield such time as is nec the Bouse. essary in order to explain this matter thoroughly to the Bouse Mr. DALZELL. This resolution if passed will give the Bouse to the gentleman from Wyoming [Mr. MoNDELL]. information that is not to be had from any other source up to Mr. MONDELL. Mr. Speaker, this is simply a resolution of this time. · inquiry. It calls on the. Secretary of the Interior to furnish Mr. MONDELL. That is true, sir, so far as the Bouse is con- the House with information relative to certain experiments cerned. . which have . been made during the past summer at a plant Mr. MANN. Bas ' not this information been printed in the erected by the Government to treat the black sands of the country Senate? · with a view of determining their mineral constituents, and an Mr. MONDELL. I think it has not; I am confident it has economieal method of the separation of the same. An appro ~t . priation· was made in the last Congress of $25,000 for the pur Mr. :MANN. :My understanding is the response of the Director pose of carrying on these experiments. , ·The immediate neces of the Geological Survey bas been printed in the Senate. · sity of the experiments was due to the very rapid increase in Mr. MONDELL. Mr. Speaker, I have no knowledge of the tile price.of platinum by reason of the cutting off of the plati fact. num supply from eastern Asia during the Japanese-Russian Mr. MANN. . Then would it not be well to let this go over and war. . The experiments-were carried on at Portland, Oreg., and ascertain that fact? · continued until the fund was exhausted. There is a plant of· Mr. MONDELL. But even if it had been printed there is no consid~rable size there, _but it is impossible to further continue expense attached to asking the Secretary of the Interior to ad these experiments owing to exhaustion of the appropriation. dress a letter to the Speaker on the subject. . Mr. TAWNEY. Mr. Speaker, is it not a fact that the Geo Mr. PAYNE. May I ask the gentleman a question, and that logical Survey,. in a letter addressed to the Senate, bas made a is, if in response to this inquiry a letter would come from the complete report of the result of the investigation as far as the Secretary to the Speaker direct? investigation bas gone? Mr. MONDELL. It would. Mr. MONDEL.L. It is true tl;lat the Secretary of the Interior Mr. PAYNE. And by him of course under the rules it would bas sent such a letter to the Senate, but it is also true that that be referred to some committee and ordered to be printed, so by report is not officially before the Bouse, and this resolution is force of the rules if it coiQes here it will be printed as a docu introduced for the purpose of bringing a report before the Bouse ment of the Bouse. Now, is not that correct? officially. · Mr. MONDELL. I-do not think that necessarily follows. 1 Mr. DALZELL. Isn't there a communication addressed to Mr. PAYNE. That is the invariable course, as I understand, the House or the Senate by the Secretary of the Interior and and the same rule obtains in the Senate, so if it went to the published as a document on this subject? · Senate it must have been already printed. Mr. MONDELL. Not bringing out fully the information Mr. DALZELL. But the gentleman says this calls for infor- asked for in this resolution. The Secretary of the Interior bas mation which is not available in any other form. ' addres·sed the Senate on the subject, but there is nothing offi Mr. PAYNE. But I understood the gentleman also to say tl:li.s cially before the Bouse, and it is for the purpose of bringing would bring a letter that bas already gone to the Senate. before the· Bouse committees the information desired that this Mr. MONDELL. That is true; the Secretary bas addres::;ed resolution is asked for. the Senate on this subject, but that information is not officially Mr. DALZELL. Well, the information the gentleman de before the Bouse. sires by this resolution is not embodied in this Bouse document. Mr. PAYNE. But did not the gentleman state it? Mr. MONDELL. It is not embodied in any Bouse document l\Ir. 1\IONDELL. I stated that a similar resolution bad been I know of. introduced in the Senate, and in answer to that resolution the Mr. TAWNEY. It is embodied, however, in the Senate docu Secretary of the Interior bad written a lettel' to the President ment. of the Senate in due and proper form. Mr. MONDELL. It is embodied in a communication sent to Mr. PAYNE. And in answer to this inquiry the same letter the Senate in response to a resolution similar to this. · in duplicate would come to the House. Mr. TAW:l\TEY. Would it not be just as well to have the Mr. MONDELL. Well, I assume that some similar document Senate document printed for the information and use of the would come here, and I desired to have it here officially in order House? that it might be considered by the committee. Mr. 1\IONDELL. Well, the report is rather brief, and I will Mr. MANN. If the gentleman will allow me to make a sug say to the Members of the House that the resolution was intro gestion, I think .I can tell him how he can get that letter duced in the Bouse and Senate about the same time. 'l'be Sen officially-- ate resolution unfortunately did not ask that information be 1\Ir. MONDELL. What objection has the gentleman to having sent to the Congress, but to the Senate, and therefore the House the information before the Bouse? Why· this sudden spasm of bas not this information officially before it, and this resolution economy? will bring somewhat the same information, I presume, from tile Mr. MANN. If the gentleman from Wyoming will pardon me, S ('l'eL'l ry to the Speaker as the Senate resolution brougllt. I will say if this precedent be set the House will soon be The SPEAKER. Is there objection? deluged with resolutions of that sort, because ever:y Department Mr. MANN. Mr. Speaker, reserving the right to object, I of the Government with a hobby wants to get a report before would like to ask the gentleman a question. As I understand, the Bouse and have it printed as ·a document. Now, I would this information called for by this resolution bas been sent to suggest to the gentleman bow he can get it officially before his the Se1.1ate. committee and before the House without violating the prece-' Mr. MO DELL. Yes, sir. dents of the Bouse. Let him call upon the Secretary for the Mr. MANN. If it is not already printed as a document, it informativn and receive the letter and report it to the House. probably will be printed as a ·document, so that if it is printed if the House be entitled to it, and have· it printed as a part of by the House as a document it will be a duplication of printing. the report. That saves the precedent of the Hou e as to getting Mr. MONDELL. It is not proposed to have this printed as the information officially before the committee and the Bouse. a document, but simply proposed that the Secretary of the Inte· Mr. MONDELL. Well, Mr. Speaker, I thank the gentleman rior shall inform the House in a communication. for the kind suggestion, but desire to inform him that ·this vio Mr. MANN. I say to the gentleman if it comes here it nat- lates no precedent of the House whatever; information is often 1905. CONGRESSIONAL RECORD-HOUSE. 593 obtained by the House in this way; it is the usual way of of the very great good that ~as already been accomplished and obtaining it. Tbjs is a small document. It pertains t() a sub the further good that will be accomplished by the examination ject in which a vast number of people are interested. _ of the samples now piled up at the Government plant and such Mr. TAWNEY. Will the gentleman permit a question? as may be received. Mr. MONDEI.. L. I will. Mr. CLARK of Missouri. I would like to ask the gentleman Mr. TAWNEY. Have you not seen the Senate document? a question. Does not the gentleman think that this matter Mr. MONDELL. I have seen a copy of the Senate typewrit of authorizing the printing of documents ought to go to the ten communication. Joint Committee on Printing, of which the gentleman from Mr. TAWNEY. Doctor Day, of the Geological Survey, called Indiana [Mr. CHARLES B. LANDIS] is the leading member, be on me a few days ago with a printed report from the Survey on cause the President has recommended economy in the printing the result of the investigation and tests they have been making business, and the newspapers last winter said that committee at Portland under the appropriation of $25,000 made by tile was going to save a million dollars• in the printing bills"? It last Congress. Now, that report is full and in detail, covering looks like if they were going to make any saving they ought to the percentage of platinum in all of the different samples they be doing it have tested, and also covering a full description of the processes The SPEAKER. Is there objection? that have been employed by the Geological Survey in separating Mr. MANN. Mr. Speaker, for the present I will have to tile platinum from the gold. That communication was made to object. · the Senate and bas been printed in full and in detail, and inas 1\!r. MONDELL. A parliamentary inquiry. much as the resolution will obtain no further information than The SPEAKER. The gentleman will state it. that, it seems to me entirely unnec-essary to duplicate it. Mr. MONDELL. Is not this a privileged resolution? 1\fr. MONDELL. I will say to the gentleman that the com The SPEAKER. The Chair thinks the first part of the reso munication to which he refers, and two other communications lution privileged. The latter part is not privileged; and that which have been printed, do not contain all of the information destroys the privilege of the whole resolution. obtainable relative to this investigation. What we desire is Mr. PAYNE. I move that the House resolve itself into in a concise, compaCt form; a statement as to what bas been Committee of the Whole House on the state of the Union for accomplished, the general results of this investigation: and, in the further consideration of House resolution 42. the opinion of the Secretary, the necessity, in view of the fact 'l'he SPEAKER. Pending that, the gentleman from Pennsyl that there are 80 tons of material, ·consisting of some 600 vania wants to make a request. samples from 20 States, piled up at the plant awaiting treat Mr. ADAMS of Pennsylvania. Mr. Speaker, I ask unanimous ment, of further prosecuting the investigation. consent to print some remarks in the RECORD. 1\fr. STEPHENS of 'l'exas rose. There was no objection. 'l'he SPEAKER. Does the gentleman from Wyoming yield CHANGE OF REFERENCE. to the gentleman from Texas [Mr. STEPHENS]? , Mr. MONDELL. With pleasure. _ . Mr. MEYER. Mr. Speaker, I ask unanimous consent that Mr. STEPHENS of Texas. I desire to ask the gentleman if the reference of the bill (H. R. 377) to extend the limits of the Geological Survey bas not authority to print geological the port of entry ·of New Orelans, La., be changed from the bulletins, and does not the ·Director, Mr. Walcott, send them out Committee on Interstate and Foreign Commerce to the Com .over the United States all the while, and in view of that fact mittee on Ways and Means. could not this information be given to the public and the gentle The SPEAKER. Is there objection? [After a pause.] The man's committee through one of these geological bulletins? Chair hears none. 1\!r. 1\IONDELL. If the gentleman listened to the reading of The motion to go into Committee of the Whole House on the the resolution, be will -recall that the resolution asks ·the Secre- state of the Union was then agreed to. -tary for a statement-as to the results of these investigations DISTRIBUTION OF PRESIDENT's M;ESSAGE. and the advisability of continuing them. The House accordingly resolved itself into Committee of the Mr. STEPHENS of Texas. Has he not the right, without any · Whole House on the state of the Union, Mr. BUTLER of Pennsyl authority of Congress to further authorize him, to' print this vania in tile chair. as a bulletin, instead of coming to Congress, so that the general The CHAIRMAN. The House is in Committee of the Whole public can get the information? House on the stat~ of the Union for the further consideration of Mr. MONDELL. What objection has the gentleman to the House resolution 42. House having this information? Mr. RICHARDSON of Alabama. Mr. Chairman, I read a 1\:lr. STEPHENS of Texas. Nothing, except that it might I few days since a statement in the leading Republican organ of duplicate the printing. this city, the ·Evening Times, enumerating the number of. bills Mr. 1\!0NDELL. There will be nothing duplicated by this that had been introduced in this House since the 4th day of resolution, I think. December that ignored, or tendered to ignore, the well-established Mr. STEPHENS of Texas. I think it should be printed, espe- and distinctly reserved rights of the States by. invoking Fed dally the bulletin, to give to the House and the committee the eral control. I was glad, Mr. Chairman, if I recollect correctly, information desired. that that staunch eRpublican organ condemned the tendency l\Ir. MONDELL. The information asked for in this resolu- of the "present times" toward centralization. I accept such a tion has never been officially before the House and will not be declaration as a gratifying protest. Many of these bills that unless it is obtained in this form through a resolution of this were enumerated in that statement came from Democrats. I character. _ rejoice, Mr. Chairman, that this discussion bas presented an Mr. DALZELL. I want to say to the gentleman that my con- occasion for a revival of loyalty and allegiance on this side of stituents are very much interested in a continuance of this this House, as well as on the other side of the Chamber, to investigation, and I am, therefore, with him in his de~ire to get the great fundamental doctrines that lie at the foundation of all the information possible. I have here a document, No. G5, our complex and dual national system of government, both printed at this session of this Congress, which contains a letter State and Federal. Mr. Chairman, I especially rejoice that from the Secretary of the Interior, written in response to a such a discussion as we have witnessed here in the past two Senate resolution. The gentleman is undoubtedly familiar days precedes the discussion of a subject that surely will be with the document. Now, is the information that he is seeking brought to the attention of this Congress at a later day for something in addition to what is contained in this document? consideration and action; a question, Mr. Chairman, far more I think if the House were persuaded that what he asks is some- important than the matter of whether insurance is commerce thing that has not already been furnished the House the House or not; a question that involves not only millions of dollars, would be willing to pass his resolution. but a question that involves the protection of the life and the Mr. MONDELL. I will say, Mr. Speaker, that the informa- health of the people-the exclusive control of quarantine by tion we desire is in addition to the information contained in this the Federal Government. document, because the information in this document does not It is, Mr. Chairman, unwise and unsafe, in my opinion, for -enlighten the House fully and officially on the subject. If the the Congt·e~s to permit the inspirations of any unusual event, House will bear with me a moment, I will repeat there are a fact, or development that appeals to or arouses tile public mind vast number of samples piled up out there at Portland-some in a fervid manner to dictate or influence what is intended to 600 different samples from 20 different States. They can not be remedial legislation. be treated because the appropriation is exhausted. T_he plant Th~s - Congress, Mr. Chairman, assembled on the 4th day of is there ready to be -started at any time, and we desire to learn J?ecember under the shadows of two great recent developments officially from the Secretary as to this condition surrounding or conditions, one occurring in the northern section of our conn the investigation and the necessity of continuing it by reason try and the other occurring in the southern section, which have ~38 594 CONGRESSIONAL RECORD--HOUSE. DECEMBER 19; focused public opinion,. and they are to-day weighing and press- way now substantially as it was when the first decision of tho ing earnestly upon the public mind, demanding Federal control Supreme Court was made declaring that insurance is not com where the Federal Government has never before exercised su- merce? Are not solicitors sent out for patronage, and when preme control. The one, as I have just said, being in the North, reported back to the parent office policies are issued? It is and the other in the Soirth. The one is the startling, shame- still an individual contract. No more a matter of intertate le , aggressive, and grasping demoralization and dishonesty commerce than a promi sory note I might execute to a citizen uneartlled in the insurance investigation in the city of New of another State. I know that more people t:'lke policies of York; the other the strong and earnest clamor that come up in urance to-day than they did twenty years ago. Wby? Be ·from certain sections of tile South, following the dreaded and cau e there are a great many more people in this country than appalling visitation of the epidemic of yellow fever; both de- there were then. Are we not, 1\Ir. Chairman, establishing a manding or urging Federal control of the e two great questions precedent in this House by our legislation by saying that because of insurance and health. The highest court of our country has it goes from one State to another we should abandon the State solemnly declared that insutance is not ·commerce, but that it goy~rnment control of its fundamental rights, its home rule, and is a mere instrumentality of commercial ext::hange-:an individ- its home rights? It preeminently behooves Congre s to check ual contract. It is not denied by anyone in the hearing of my and stay such tendencies. Follow it to its logical. conclusion. voice that the protection of health i strictly a police regulation Follow these expre ions of the President of the United States belonging to the State, yet we have it a,.sserted by men· of di8- to their logical results, and no man can predict the end. tinction and ability that the Federal Government should take 1\fr. Chairman, it is proclaimed abroad throughout the land control of the e two great questions. Why, Mr. Chairman, the that we have become a great world power, that we are grow statement of the propo ~ ition itself is enough to cause this Hou.:.c ing and expanding. If that be true, and_it is true, then cen of Repre entatives to pause and think well before we enact tralization of the most intense character will oon follow. All, any legislation on that line. Mr. Chairman, I fear that that is too true. But the PresiUent · In the remarks that I intend to make I shall not undertake to goes further in his message with expressions of relief that I enter .into a discussion of the insurance question. That bas cordially indorse: been ably done, and been of great benefit to our country, and Of course the only complete remedy for this condition must be found done in a patriotic manner. · ' in :m aroused public conscience, a higher sense of ethical conduct in . th · din · f th' H · · · the community at large, and especially amQng business men and in the If we f o11 ow e or ary course o lS ouse, In my oprniOn great profession of the law, and in the growth of a spirit which con- that part of the Pre ident's message relating to insurance demns all dishonesty, whether in rich man or in poor man, whether it must necessarily go to the Committee on Inter tate and Foreign takes the shape of bribery or of blackmail. Commerce of this Hou e. The claim as erted by the distill- The fact is that the States have had no opportunity to show gui bed gentleman from New York [l\Ir. PAYNE], chairman of what they C:;'lll do. I do not think any State in the Union would the Committee on ·ways and Means, is an absolute confession be remiss or derelict in meting out punishment to men who dis that insurance is not commerce, because he 13ays that he is honestly and flagrantly, for political purposes and otherwise, reaching out for it for that gr~t committee in order to use the criminally use the funds committed to their hands for unlawful ta4ing power of the Government, a power that we know, i.f purpo es in utter disregard of their fiduciary obligations. I exercised to its full ext~nt, can mean and does mean destruc- think that the State courts would be just as efficient to discharge tion. What kind of a tax could be placed upon the business of these duties as a Federal court. insurance? Do we mean to drive it out of existence, as we in- ~ Again, is it possible that anyone could contend fairly that tended to drive another industry out of e~istence when we that quickened conscience that will impel the ternest action pa ed . the oleomargaripe bill and taxed that industry out of can not be found to exist among the citizens of a State? I exi tence to help another competitive industry? Nobody in- believe that all laws that are made that are not upheld by public tends or desires to do that. The taxing power of the Govern- sentiment are the mo. t likely to be laxly executed; that de ~:p.ent should o~y be used to create revenue. Aily other use of velopments that are made in New York in ·the investigation of it is an abu e. in urance has aroused the quickened public con cience of the And in this connection, suppose it is referred to the Judiciary people of the States, and that the State will administer just as Committee, What would be the re ult? Stare decisis governs effectually and thoroughly as the Federal Government would lawyers. They are confronted by the decisions of the highest administer a penal statute prohibiting such crimes. I say this court of this country that insurance is not commerce, that it is a without one single sentiment or" hostility to Federal control in contract made by individuals, that it is an instrumentality of · its legitimate sphere_ I believe in the old democratic doc commercial exchange. trine-! mean the democratic doctrine that is the life and spirit What can you expect from that committee? I know it has of our Republic-that the nearer you get to the great bodv of to be referred somewhere, ~cause it is not admissible and the mas es of the people the nearer you repre ent their true proper, in the Committee of the Whole, to a k that it be laid on sentiment, their loyalty and affection, their individual libcrtie , the table. I do not sub cribe to the doctrine that I have heard and carry out the true principles of our republican form of as erted frequently in this discussion, nor do I believe that we Government. [Applause.] <:an find justification or excuse that, because a matter belonging Why, then, should we calculate that the Supreme ourt, aftel· exclusively to State control has grown and enlarged and become having discharged its plain dutY under the Constitution and more important, and that the Federal Government, in the supe- declared insurance not to be commerce, etc.-why should we riority of it equipments and facilities, is better prepared to take declare that the Supreme Court will change its deci ion? I charge, thereby it becomes the subject of Federal control. know that the distinguished gentleman from Iowa [l\1r. R EP If it belongs to the jurisdiction of the States, as one of the local nURN] has said that sometimes supreme courts, both State and and domestic positive powers of the State, it matters not, fn my Federal, change their opinions. Where have they chang d it judgment, how large it grows, how it stretches from the area of on a great fundamental principle that lies at the very foundation one State to another. It still remains the subject of State ju- of our Republic in the matter of the undenied control <>f the risdiction. . States over all matters of personal contract? Let anyone point Why, suppose we follow this reasoning to its logical con- to an in tanee. There are cases where State supreme courts elusion. It would be but a short time, with the tendencies of and Federal Supreme Courts have changed their opinions. In these times, that Federal control would absorb the reseryecl that connection, following out his characteristic frankne s a..ll(l right of States to restrict and punish its criminals by its O'\Vn honesty, I see that Ron. Alton B. Parker has changed his opin local statutes. It would not only do that, but it would absorb ion about a matter wherein he gave his opinion in connection the right of the State to protect the peace and the morals of the with the ballots in New York. That was honest and fair. And people. Therefore I say that there is a part of the President's · that reminds me, when we look back and see the factors me sage which I look upon as being unsafe and dangerous. that led up to the development of these great wrongs, thi ag- I dissent from the views of the Chief Executive of our Repub- gre sive dishonesty that is de cribed so powerfully in the Presi lic, and do it with great respect and profound regard. I~ is an dent's message, who was it that first called public attention to argument or a plea for Federal control simply because the in- the enormities being perpetrated by corporations in the unluw surance busine has expanded and grown larger and more ful use of their funds? It was a charge made by Judge Parker powerful. lie says, " The great insurance companies afford during the Presidential campaign of last year. [Applause on sh·iking examples of corporations whose business has extended the Democratic side.] He charged that there was rottenne s, so far beyond the jurisqiction of the State which created them as that there were improper contributions being made from trust to preclude strict enforcement of supervision and regulation by funds of corporations for the purpose of carrying on a political the parent State." I propound this question to the members of campaign. Who says to-day that what he declared has not been this committee: overwhelmingly established as the truth? I" say, who says it? Wherein and bow has it changed in its methods and manners No one dru:e rise up and say that the charge that Judge Parker so as to invite Federal control? Is it not conducted in the same made has not been fully verified and established, and that he 1905. CONGRESSIQ~A_L - REC0RD-HOUSE. bas been vindicated, and th~t be stands proudly as one . of the tion; that the Federal Government controls quarantine so as to bold, brave, honest citizens of our Republic. prevent the importation of disease from foreign countries or Now, Mr. Chairman, the President still goes further: the spread of disease from one State to the other. By so doing In my last _annual message I recommended that the Co;ngress care the Government is but exercising its constitutional function. fully consider whether the power of the Bureau of Corporations can not 'l'hat, Mr. Chairman, the Government is doing to-day, and I constitutionally be extended to cover interstate transactions and insur ance. contend that under the present law the Government bas clothed l\Ir. Chairman, that reminds me of a very important matter the Public Health and Marine-Hospital Service with all the of legislation that occurred February 10, 1903. Many of you will authority and power that Congress is authorized under tlle remember in the creation of the Department of Commerce and Constitution to give. But the other proposition is, and the real Labor it was insisted, for the purpose of controlling trusts and question is, can a Federal quarantine law, giving Federal combinations, that a particular feature for publicity be ingrafted health authorities supreme control, be framed within constitu on that bill. It was my honor to serve on the conference com tional limits and not interfere with the positive reserve rights mittee with the distinguished gentleman from Iowa [Mr. HEP of-the States? That is the main question. When I remember BURN] and the distinguished gentleman from Illinois [Mr. that Federal jurisdiction of quarantine is exercised primarily MANN], with Senator Hanna, Senator NELSON, and Senator in the interest of commerce and that State jurisdiction is ex CLAY. That question came up about what was known as the ercised primarily for the protectiOn of life and health in dif "Nelson substitute." What was the Nelson substitute? And ferent communities and secondarily in the interest of commerce, in that connection I say that it was my pleasure to come here then I dissent from this proposition. Now, if any gentleman on the floor of this House and dissent to the report of that con will take the trouble to investigate Federal legislation on quar ference committee on that ""publicity" feature. In that con antine be will find that every act of Congress up to 1900 on the nection I used this language on the lOth day of Februarr, 1903: subject of quarantine was in aid of the enforcement of State laws. I do not contend that if the Government can lawfully Now, Mr. Speaker, I dissent most earnestly and sincerely from th!s Nelson substitute. I believe it to be an ultra dilution of a hypodermic and rightfully exercise a certain constitutional function the injection of so-called "antitrust legislation." . I believ~ it to be ~ trav mere failure to do that abnegates or causes the Government to esty upon what its friends represent and cla1m to be 1ts only VIrtue- abandon it. Let us look at the law. publicity. 'l'be first law we have on the subject is "An act to prevent It is well that we can look at things dispassionately. It was the introduction of contagious diseases from one State to an claimed that that was all of the antitrust legislation that was other, and for the punishment of certain offenses," approved on needed to regulate these great combines and trusts at that the 27th day of March, 1890. What more authority can the Gov time-vociferously claimed and earnestly argued.- True, I put ernment give to the Public Health and Marine-Hospital Service my humble protest in against it, but I desire to test the declara than to give the control of interstate quarantine? The next tions of the gentlemen who advocated it and so earnestly sup law, Mr. Chairman, on this subject is "An act granting addi ported that "Nelson substitute" as to the fruits and results of tional quarantine powers and imposing additional duties upon it nearly three years afterwards. What was that substitute? the Marine-Hospital Service," which is now known as the Pub The said Commissioner shall have power and authority to make, lic Health and 1\Iarine-Hospital Service. This act requires the under the direction and control of the Secretary of Commerce and Labor diligent investigation into the organization, conduct, and man Surgeon-General and even the President of the United States ageme'nt of the business of any corporation, joint stock company, or to maintain officers at foreign ports, medical or otherwise, or con corporate combine engaged in commerce among the several States and suls, and not to let any vessel leave that port until it comes with with foreign nations, excepting common carriers, and gather such in formation and data as will enable the President of the United States a ·" biii of health." That is control of foreign quarantine in its. to make recommendations to Congress for legislation for the regulation supremest manner. Why, some gentleman said to rue: "Tile of such commerce, and to report such data to the President from time Government has no right, it is extrajudicial to assert a power or to time as he shall require, and the information so obtained, or as much to make a law that is to operate in a foreign port." I admit thereof as the President may direct, shall be made public. that is true. The Secretary of the Treasury by this law is I pause and ask, What information on the subject of unlawful required to formulate rules and regulations for the inspection of and oppressive combines and trusts bas ever been conveyed to those vessels, and the answer that I make is that if those ves the President of the United States during the three past years sels do not allow that inspection to take place and to receive by the Commissioner of Corporations of the Department of Com that bill of health, why we certainly have control over this side merce and Labor? Has anyone beard of the use of his powers of the waters and we can prevent them from coming into our by the Commissioner under that publicity law? The power was ports and landing unless they comply with our requirements. given in that substitute, the Nelson substitute, for the Presi That is the answer to it. There is the legislation giving Federnl dent to call for facts and information and bold in his band just control, in which I agree and believe, and I say right here that such part of it as be saw fit, and give to the public the balance. if the Federal Government bad the control, with the consent of Have any facts furnished the President by the Commissioner the States, of the maritime stations that the States control been given .to the public'? that it would be better for us and better for all concerned. anu I put it to any Republican on the other side of this Chamber before I conclude I wish to point out what I conceive to be tlle or elsewhere, point me to a single instance where that investi way that can be done. · Now, that is the legislation of tlle past. gation or collection of facts has been made by the Commissioner Let us look now and see the legislation that took place in 1002, of Corporations in that· Department. The power was in his and it happened to be my pleasure to have charge of the bill hands. Tb,e mighty Standard Oil Company, the steel trust, and that came from the Senate to the floor of the Bouse, and tllat all other kindred combinations were there, and what bas he bill did this. The important section of it was section 7, which done? And yet the President in his message recommends that reads: we shall confer still greater power upon the Bureae. of Corpora That when in the opinion of the Surgeon-General of the Public tions, in charge now of the same Commissioner. Is there any Health and Marine-Hospital Service of the United States the interests thing to encourage me or you or anyone else to give further of the public health would be promoted by a contet·ence of said service with State or Territorial boards of health, quarantine authorities, or power to that Bureau for the investigation of tl"lJsts and com State health officers, the District of Columbia incl-uded, be may invite binations? None whatever. The Nelson substitute-the pub as many of said health Hnd quarantine authorities as he deems neces licity law-bas been a dead law, a failure, not because it bad sary ot· proper to send delegates. not more than one from each State or Territory and District of Columbia., to said conference: Provided_. That no field to operate in; the game was abundant. Permit me an annual conference of the health authorities of all the States and now, Mr. Cbain;nan, to present another subject occupying a Tenitories, and the District of Columbia. to be entitled to one delegate-: more delicate and sensitive relation to the reserved rights of Territories and the District of Columbia to be entitled to one delegate: And provided further, That it shall be the duty of the said Surgeon the States than insurance. I, of course, refer to quarantine. General to call a conference upon the application of not less tban five In the trail or wake of the appalling and dreadful epidemic State or •.rerritorial boards of health, quarantine authorities, or State of yellow fever in the South there is a great clamor made for health officers, each of said boards or quat·antine authorities joining in Federal control. No man could take his stand on the floor of such request to be represented by one delegate. this House who is more eager and anxious to forever banish Now, .Mr. Chairman, I will read the opinion from a distin that dreaded disease and plague from the shores of the South guished Republican, giving his views on the subject of that sec than am I; but rather than sacrifice one of the fundamental tion I have just read. The subject was carefully considered rights of my State, or its domestic and local control of one of for days and days trying to get at what was right, wbat the its reserved powers, I would be willing to fight the yellow fever jurisdiction of State and Federal quarantine was. Senator for ages to come. We are encouraged to believe that under the SPOONER, in the report which be made on this bill, says: advance of science it will not be long before we will be This section we regard as by all means the most important section in free from this scourge. Many public men express the opinion the bill. '.rhe dividing line between the Federal powe1· of quarantine, in its relation to forei~n commerce and interstate commerce, and the that we want Federal control. They do not stop to consider State power of quarantme and police regulation, in its relation to the the far-reaching effects of such a proposition. public health, is undoubtedly reaL 'l'he position that I take is that I concede that there is no Wby, some men think it is a fiction. If you can take charge violation of the reserved rights of the States in this proposi- by the Federal Government of quarantine and matters relating - . 596 CONGRESSIONAL RECORD-HOUSE. D ECEMBER 19, to health, why can you not take charge of diphtheria or measles, The office of the President of the United States was forgotten or anything in the way of diseases that are contagious or in in the appreciation and the esteem that they accorded the man. fectious? \Vhy does it not lead to that? He continues: But let us see for a mop1ent what Doctor Wyman says about But it is often very difficult of discernment, and therefore it has this matter. Listen to hirlt talking about the law of 1002: often happened that State authori1Jes have :felt their province invaded The confererrces called :for by this act are very valuable in preventing by Federal authorities, and Federal authorities have insisted that the the spread of epidemic diseases by insuring cooperation of State au national function was invaded by State authorities, and out of it all thorities with the Public Health and Marine-Hospital Service. Matters ha.s gt•own more or less of friction, necessarily detrimental to great of sanitary interest, ventilation, housing, dispo al of garbage, etc., and public interests. No statute, of course, can change the power of the matters relating to prevention of epidemic di eases arc considered by Federal authoritie as defined by the Constitution~ or take away the special committee appointed by the Surgeon-General fot• that purpo e. sovereign powet· of any State in respect of these matters. The State health authorities are thus brought into close relationship That is all I am contending for to-day." I know that our with the Public Health and Marine-Hospital Service. The municipal health officers, through their dealings with the State board of health, people are arou ed under the terrible visitation of yellow fever, form a: part of the system. The re ult is an interchange of views of. and by the memory of that which occurred in 1879, in whicll mutual understanding between all health authorities, and the closer 15,000 people lo t their lives, with a monetary loss of more than relations thus established will be of great benefit in the public-health a million dollars, which is calculated to leac;l us :from the work of the future. stanch mooring of what is right between the authorities of I think there ought to be an amendment to that law to tile the States and the Government. Why, Doctor Wyman-and I effect that every chairman of a board of health, or other desio- say in this connection that I will be glad to see the Bureau of nated State health officer, ought to be ex officio a member of the Public IIealth and Marine-Hospital Service made a separate Public Health and Marine-IIospital Service. Doctor Wyman, I department, but not with a secretary in the Cabinet; in my am certain, has recommended the same. Let them sit down at judgment it ought not to be controlled by the Treasury De· the same board and confer with each other, and in that confer partment, for there is no compatibility, but make it a separate ence agree upon rules of uniformity that will prevent many of department-Doctor Wyman administers the laws of the Gov the useless restrictions on travel and embargoes that were ernment with all delicacy, with great ability, with consummate placed upon commerce and avoid serious inconvenience to peo skill in all matters of possible frictton between the State and ple that occurred so frequently in the Southern States· during the Government, and has given full satisfaction by the manner the reign of tile epidemic. \Vhy, it went up as far north as in which he has administered them. Cairo, Ill. We suffered immensely in the derangement of our Senator SPooNER further said: bu iness matters, and consequently great loss of money. All we The committee has· been impressed with the conviction that in the need is for the State to consent that this board of health, its general public interest some recognition by Federal legislation of the pre ident of the board of health, or any health quarantine officer Stn.te health authorities, in the way of consultation upon subjects of be allowed to sit around the Federal board. vital consequence to the localities, and as to the rules to be put in oper ation by both State and Federal authorities in accomplishing the same I would be glad to see a National Federal Board of Health end, would of necessity bring about better understan~ing and a coopera with the Public Health and Marine-Ho pital Service at the bead tion which would inevitably promote a fuller accomplishmem of the of it, so that they would have conferences and would adopt great purpose desired by both the Federal and the State authorities. rules that would prevail at all port and in the States. As He further predicted that the best of results would follow the it is now, the Federal Government, while it exercises interstate law, because- quarantine, can start a train from New Orleans to Louisville, First. That when, in the opinion of the Surgeon-General, the inter going through two or three States, and not u man on that train, ests of the public health would be pt·omoted by a conference of that under the rules and regulations as administered by the State, service with the State or Territorial health officers he may invite as many of said health officers and quarantine authorities as he deems can get off in Alabama or Tennessee unless he complie with necessary to send delegates, not more than one from each State or Ter the regulations prescribed by the State. I would be glad to ritory and District of Columbia, to such a conference. see it so that when a man complied with the rules and require Second. That an annual conference of the health authorities of the States and Territories and District of Columbia shall be called by the ments, detentions, isolations, and so forth, that are nece ary to Surgeon-General, each State, Territory, and the District of Columbia pronolmce him frM from infectious disease and bears a certifi to be entitled to one delegate. cate that he should have the right to leave that train at any point Third. That it shall be the duty of the Surgeon-General to call a conference upon tbe application of not less than five State or 'l'erri in Alabama or Tennessee by presenting his certificate and go on torial boards of health, quarantine authorities, or State health offi cet·s, rejoicing. That is the rule I want. That can never be ac each of said boards or quarantine authorities joining in such request complished except by the consent of the State through tile to be represented by one delegate. action of its legislature. I take this occasion to read the well-established and ac 1\Ir. GARRETT. Does the gentleman think now that a Fed cepted judicial view. I know that the Supreme Court of the eral statute could bring that about? I am very much interested United States, in a decision rendered by Judge 1\liller, shadows, in what the gentleman has been saying. or indicated, some different doctrine than this, but Judge Grier Mr. RICHARDSON of Alabama. The present statute brings in a certain case aid : tllat about. It has been frequently decided by this court that the powers which Mr. GARRETT. Then it makes it possible to permit one to relate to the ·merely municipal regulations, or what may be more prop- ff . · . erly called "internal police," are not surrendered by the States or get o ID VIO 1ation of the local regulations? That is the point restrained by the Constitution of the United States, and that, conse- at which I am driving. quently, in relation to these the authority of a State is complete, un- l\1r. RICHARDSON of Alnbama. 'No; the present statute qualified, and conclusive. Without attempting to define what are the d t d · d · I peculiar subjects or limits of this power, it may safely be affirmed that oes no o It, an It cou d not be done except with the con erit every law for the restraint and punishment of crime, for the preserva- of Alabama and Tennessee. It is impossible for it to be done. tion of the public peace, health, and morals must come within this Mr. GARRET!'. And the Federal Go-vernment can not enact category. t tut ""'. h 1 · ? As subjects of legislation, they are from their very nature of. pri- a S a e WulC wou d permit it· mary importance. They lie at the foundation of social existence; they Mr. RICHARDSON of Alabama. No, sir; it could not enact are for the protection of life and liberty, and necessarily compel all a statute to permit that man, against the quarantine regulations laws on subjects of secondary importance, which relate only to prop&ty, of Alabama, to get off. He would pr·obably llf'Ve to ::ro to Can- convenience, or luxury, to recede when they come in conflict or col- ~ ... ~ lision. Salus populi suprema lex. ada if the State of Kentucky objected to the same thing, beca n e That is the fundamental doctrine. Mr. Chairman, I am re- that would be making, my dear sir the Federal Government peating a great deal of the well-established doctrine as declared supreme and exclusive on the question of quarantine in the by our Supreme Court. I am repeating it simply for the reason limits of a State. that I believe that there is a strong and intelligent view and Mr. GARRETT. I concur with the gentleman entirely. Just feeling prevailing in many sections of the South upon the one thought further, if the gentleman will permit me. advisability of supreme Federal control of quarantine. We Mr. RICHARDSON of Alabama. Certainly. have had it said over and over again to us by the northern Mr. GARRETr. Assuming, now, for a moment that that can people and by the Republican Representatives on this floor that be done, that the Federal Government can enact a statute which tlley are willing to abide by whatever law the southern Repre- would force upon a community the reception of an individual sentatives and the Southern States are of opinion will protect traveler through the State that de ired to stop at that particu them from a visitation of yellow fever again. We are grateful Iar station, despite the local quarantine regulation, and a urn for that generou sentiment. We appreciate it. As a soutllern ing that the Federal Go-vernment should pass an act undertaking man I do not invite them to give their sanction or their vote, to provide that be might do that, would not this also be true, and they would not do it if I did, to any proposition that ignored that after he had gotten off the train and had cea ed to be an a fundamental, domestic, local right of a State. Why, 1\Ir. interstate passenger he would immediately become subject to Clmirman, no people on earth could have been more grateful to the police regulations of tile State? the President of the United States for the absolute and unquali- Mr. RICHARDSON of .Alabnma. How could he get off the fled courage and profound and earnest sympathy that welled up Itrain if the State bas a guard there to meet every train? Now, in bis heart for our stricken people, that he manifested when he let me read to my worthy friend from Tennessee a short visited New Orleans. It was accepted with profound gratitude. paragraph. 1905. CONGRESSIONAL RECORD-HOUSE. 597 Mr. GARRETT. I was assuming that. in the preservation of State authority, and I am as inuch Mr. RICHARDSON of Alabama (reading)- against undue and unnecessary centralization of power in the Suppose a citizen or an alien, no matter whom, the President of the Federal Government as they possibly can be. Now, what would United State~ or the humblest indivtdual that ever entered the harbor, be the result if Congress should enact a law asserting control to approach our city, bringing infection, bearing dea~h to thousands-:- over the su-bject of insurance as int~rstate commerce and such an approach more dreadful than that of a~ lnvadmg army. s;e lS an act should be upheld by the Supreme Court? It is not life 0 re~le~~~~tl1sre:rell~~De~~e ~r~eat~~~~·~ f:o~:r~~~n~f? naJi:g:; insurance alone that is referred to. It is fire insurance, marine what clause of the Constitution? Under which of its powers? Under insurance, casualty insurance, fidelity insurance, and all kinds its commercial power? A traffic in contagion ! A tariff on disease ! of insurance contracts. Thls subJ. ect is already regulated in Under its war power? A war with the king of terrors! No; the State, and the State alone, has the power, and alone is charged with nearly every State, if not every State in the Union. In the the duty of repelling disease and of ~arding its confines from the en- State of 1\!innesota, for more than a generation, we have built trance of whatever might injure its cttizens. up u code of laws on the subject of insurance, whlch laws, we Ur. Chairman, I must confess that it is no surprise to me that think, are wise and beneficial. We make it a condition prece· conservative, patriotic citizens from all sections of the Union, dent to the entry of any foreign corporation into that State for who love with honesty and sincerity and de:,ire to preserve the the purpose of engaging in insurance that they must comply principles of our Government, are becoming anxious and uneasy with the regulations that we prescribe. They must pay a fee. when tlley hear that the Federal Governm~nt is solicited by They must pay a 2 per cent tax upon all premiums paid in. respectable, good, and intelligent citizens to take charge of con- The tax on fire-insurance premiums goes to the support and the tracts and health within the limits of the States. relief of sick, injured, or disabled firemen, and their widows .l\1r. Chairman, I re erve the balance of my time, and will and orphans. yield it to the gentleman from Virginia. I also ask unanimous The State of Minnesota in 1903 collected $242,350 from insur- ccnsent to extend my remarks in the RECORD. ance companies foreign to the State, in 1904 more than a quarter The CHAIRMAN. The gentleman from Virginia does not of a million, and this year approximately three hundred thou appear to be present. The gentleman from Alabama asks sand, and a large share of this is used for the support of dis unanimous consent to e:rtend his remarks in the RECORD. Is abled firemen in the various municipalities, being divided ac· tllere objection? [After a pause.] The Cbair hears nDne. cording to the amount of premiums paid by particular localities. Mr. NORRIS. I yield fifteen minutes to the g~ntleman from We do not want these laws destroyed or impaired. Minnesota [Mr. STEENERSON]. Now, if you should succeed in inducing the Supreme Court of Mr. STEENERSON. Mr. Chairman, that there is great diver- the United States to reverse itself on this question, and to say sity of opinion in this House in reference to thls subject of that Cong1·ess has the power under the commerce clause to regu insurance dealt with in the President's message is apparent. late insurance_of all ldnds, you would deprive the State of its The discussion so far has to my mind been very instructive and authority and destroy all of those statutes that we have on our beneficial. It is very important to take the right step at this books, and I venture to say that they are the result of long time with reference to thls portion of the message, because the experience and that they are wise laws. They have safely proper action at this time will have an influence upon the action guarded the rights of the policy holders of the State in the past. that is likely to follow. The gentleman from New York, the we are satisfied with them. We can amend them whenever our chairman of the Committee on Ways and Means, has contended people so desire. We desire to retain both the control of and that insurance, not being commerce, should not be referred to the revenue from insurance in the State. the Comittee on Interstate and Foreign Commerce; that the Who have asked for their destruction? Not the people of subject can be reached and regulated by means of the exercise Minnesota; not the policy holders of the State; not the brave of the taxing power. It seems to me that his position is tm- and heroic firemen who have been injured in the line of duty, answerable. On the other hand, the gentleman from Iowa, nor their widows and orphans. No; on the contrary, these have chairman of the Committee on Interstate and Foreign Com- protested and are protesting against such legislation. Neither merce, contends that notwithstanding the fact that the highest have I heard of the people of any other State asking for such court has decided that insurance is no commeree, yet that there a measure. The demand does not come from the people, but is a possibility that the court may reverse itself upon that ques- rather from the managers of insurance interests who feel im tion in view of the assertion on the part of Congress of authority patient under State regulation and control. Why, the first bill over the subject. This same view seems to be expressed by the introduced in the Fifty-eighth Congress placing insurance under Commissioner of Corporations in his report. He says : Federal autllority and control was introduced by the Senator Seemingly the most effective way to settle the question is fo~ Con- from New Jersey [1\lr. DRYDEN], who is and was the presi gress to so legislate upon the subject a.s to afford ~n opportunity to dent of the Prudential Life Insurance Company one of the present to the Supreme Court the question whether msurance as now . . . . . ' conducted is interstate commerce, and hence subject to Federal regu- ! largest m the country. The dishonesty rn life msurance man- lation. _ agement disclosed by the investigation in New York, however Tllere is a distinction between control under the commerce deep and disgraceful, has not shown that the solvency of any of clause of the Constitution and attempted regulatiol} by reason the companies concerned was affected. of the power of taxation, as suggested by the gentleman ft·om To the location of these companies with their enormous ac New York [Mr. PAYNE], or by reason of the regulation that cumulations of funds in the financial center of the country, would result from control of the mails, as suggested by th~ gen- where speculation and gambling on the exchanges is constantly tleman from 1\finnesota [1\!r. DAvis]. If the Supreme Court going on, is largely due the fall of these men. These causes are should be induced to reverse its decision and hold that insur- local to the city of New York. ance is commerce, under the commerce clause of the Constitu- It may be claimed and it is claimed that Federal conh·ol is tion, then the authority of Congress over that subject would be superior to State control. I myself went on the stump a 'few exclusive of all other authority and would ipso facto destroy all years ago and argued that if we created the Department of Com State regulation authority and control over the subject. On merce and Labor it would be a regular "trust buster;" that it the other band, if you exercise authority by means of the ta..'ting would do wonders in the land in regard to monopoly ; but it has power or any similar power, it would be simply supplemental to not reached our expectations. Federal control in itself has State authority and State control, and such regulation and con- never shown itself to be superior to State conh·ol in its proper trol would not be interfered with. It would be analogous to the field. [Applause.] Look at the banks. Is the supervision of matter of the traffic in intoxicating liquors, where the Federal the Federal Government over national banks superior to the authority simply supplements and aids the power of the State supervision of the State banks by the State authorities? Are and municipality. By means of the taxing power the Federal there not failures of national banks all over the land and de Government supplements and helps the government of the State positors swindled just as much as the State banks? Look, for and municipality with that subject. instance, at the supervision that ought to be exercised over I was very much impressed by the argument of the gentle- interstate transportation. Have not the railroad companies man from Alabama [1\ir. RICHARDSON] in regard to the quru.·an- ever since the interstate-commerce law was passed in 1887 been tine matter, in which it was argued that the authority of the violating the law every day? [Applause.] Have we not ere Federal Government can be made to work in conjunction with ated the machinery whereby the act should be enforced, and the State authorities, and so, instead of being in conflict, the yet do we not find them lmable to enforce it? And although the two would work together with more effectiveness than the one. Department of Justice claims to have been very busy, has not I beg to congratulate gentlemen of the minority upon :this floor that Department failed to land the rebaters and discriminators on their argument against undue cenh·alization of power in the in the penitentiary so far? Federal Government. I believe it is wise to retain as much How to make these laws of Congress more effective, how to power in the local and State governments as is consistent with make our regulation regulate is the problem constantly before the due and proper exercise of the authority of the General us. It is the question of the hour. We hope to make our laws in Go.vernment. I believe almost to the full extent that they do regulation of interstate commerce, as well as for the suppression • CONGR.ESSIONAL -RECORD-HOUSE. DECE~IBER 19, 598 . of monopolies and trusts, so that they will . at least,-as a rule, State are retained. In this matter of foreign insurance, the be obeyed; but we have not yet succeeded. Let us not invade several States are amply able to take care of themselves now, the jurisdiction of the States in such a manner s to destroy or and much better off than if foreign insurance companies could impair it. be forced upon them, as they could be were insurance adjudged Compare the State conh·ol of h·ansportation within the States to be commerce. I believe the people of the several States know with Federal control over interstate transportation. Which is what they are about, and the fact that no demand comes from the most complete and effective? I favor control by the Federal them, but rather from the insurance interests, is significant. Government of matters within its proper sphere, but I do not If it is desired to have action on the part of Congress on this want to ee it supersede State control where that is practicable. insurance matter, let us proceed on the theory that what the The Federal authorities just now seem to have a great desire to highest court in the land bas decided to be law is the law; let supervi e, but so far we have not had very efficient supervision us exercise the taxing power or our power over the postul in that field. Why, the very di~closures that have been made service with a view to such a control by Federal authority as in the State of New York are the result of an investigation set will supplement and aid, but not destroy, the authority of the on foot by the State machinery; as bas been well stated here; several States in the premises. and if that investigation were to be carried a little further I I hope, therefore, that the amendment of the gentleman from • believe we would find national banks, under Government super Nebraska [Mr. NoRRIS] will prevail, and the whole matter be Tision, using the public money unlawfully in the financial opera referred to the Judiciary Uommittee, with instructions. [Ap~ tions and speculations carried on to enrich the men in control. plause.] I do not believe that the Supreme Court will ever reverse its Mr. WATKINS. Mr. Chairman, it was with a great deal of decision tlmt insurance is not commerce, and I would be opposed interest, and profit as well, that I, among the new Members of to a king the court to reverse itself. I am glad it decided as it the House of Representatives, have listened to the variou did. If we leave well enough alone, then when Federal control arguments which have been presented by the Members before is de ired we can exercise it by virtue of the taxing power, and this Committee of the Whole on the question of referring the that kind of Federal control will be supplemental to State con various phases in the President's message to the different com h·ol and not destructive of it or exclusiye of it. I am therefore mittees to which it should properly go. On yesterday we hearu opposed to referring this ·matter to the Commerce Committee. oration, profound, inspiring, and prophetic, upon the injus I am willing to take, and I think this House ought to take, the tice, inhumanity, and barbarity perpetrated on the Jews in decisions of the Supreme Court as conclusive. Insurance is Ru sia. These atrocities perpetrated on the Jews appeal to not commerce, and this question should not be referred to the the refinement and the humanitarian sentiments of every Commerce Committee. Should it be referred to the ·ways and human being. No doubt the President of the United States l\leans Committee? That is another question. It seems to me would approve any action taken by the House of Representa that before we decide that question we ought to have the opinion tives toward authorizing him to express his sympathy with of the Committee on the Judiciary as to whether or not regula these mistreated human beings. He. bas already shown his tion by means of the taxing power is proper, or whether it is bumanitarian sentiments, his profound sympathy between the analogous from a legal point of view to the taxing of oleomar warring nations of Russia and Japan, and has well sl1own that garine, mixed fiour, and all these other subjects that have been he is entitled to the place which is ascribed to the peacemaker, reached in that way, or whether it would be practicable and of whom it is said: "Blessed is the peacemaker." lawful within the power of Congres to exercise control by We also listened on yesterd·ay afternoon to quite a disserta~ means of our control over post-offices and post-roads under the tion on the wrongs perpetrated in the Naval Academy at Annap~ Constitution or by means of any other authority that the Federal olis, in what is known as "hazing." Being from the State of Government may possess. Louisiana, from which State young Meriwether comes, I feel When we have learned the opinion of these eminent gentle that it is proper at this time for me to state, in the absence at men who compo· e that committee, I believe that we .wil1 be this moment of the other Members from Louisiana, that the Sec aided in a proper solution of this problem. I know it is claimed retary of the Navy has found, upon examination of the facts in that we are most of us lawyers and can investigate for our that case, that Meriwether was not guilty of hazing, because, selves, but we have not all the time to determine this question under the act of Congress, should he have been guilty of haz and give to it.such thought and attention as ought to be devoted ing he would have been expelled from the Naval Academy. to it. I believe that the Committee on Judiciary have the Neither do we find, upon that examination, as it has been time and that they will render us valuable service in the solu claimed by some Members on the floor, that be was guilty of tion of this question. As I have said, I am willing there should even assault and battery, much less manslaughter. But the be Federal conh·ol over insurance, provided it will not destroy Secretary bas found that be was guilty of violating· some of the State supervision and conh·ol. Federal control or regulation rules and regulations of the academy, and for that reason a pen~ under the commerce clause would be exclusive and would alty has been assessed, apparently light in its form. There are destroy all State authority over the subject, but Federal regu good reasons why no heavier penalty should have been assessed lation by means of the taxing power would not. The two could in that particular case. A man may repel force by force, u ing work in harmony and supplement each other. sufficient force to overcome the attack with which be is opposed, The CIIAIRl\IAN. The time of the gentleman from l\finne and Meriwether being forced into the encounter which resulted sota has expired. in the unfortunate death of young Branch, simply repelled that 1\Ir. NORRIS. 1\fr. Chairman, I yield to the gentleman from force which was thrust upon him and by which he was opposed. Minnesota three minutes more. · Unfortunate though it be, still it was one of those incidents 1\lr. S'l'EENERSON. Now, it is claimed in the message that which might happen in the life of anyone in defending hi"' the 'inability of tbe State to regulate effectively insurance com honor and in standing up for the rights which are given him by panies of other States doing business in such State is clear. nature-the right of self-defense. But, passing from that to I deny it. Experience bas proven the contrary. The power the immediate question which is now before the Committee of over foreign bas been just as effective as the power over do the Whole, as I understand it, it is whether or not that portion mestic corporation~. of the President's message which refers to an investigation and In the power to exclude a foreign corporation from doing supervision of the insurance companies shall be referred to the business within it limits a State possesses a most effective Committee on Ways and Means, to the Committee on Interstate means of regulation. If the corporation does not comply with and Foreign Commerce, or whether it should be referred to State requirements, it is excluded and can do no business therein. some other committee of the House. Now, it may be that being It would seem to me to be a refiection upon the people of the a new Member, and, as was denominated by the leader on. this different States to say that with such absolutely effective weapon side of the House on the :first day of the session, one of the in their hands they can not control these matters better than kids, it would be more appropriate that nothing should be said can be done for them by a bureau here in Washington. Any by one of them on this occasion, but we all know that it is tbo one familiar with the peculiar form of bureaucracy we have nature of a kid to butt in. [Laughter.] here will not be inspired by any great confidence in its supe Mr. Chairman, the leader of this side of the House gave an riority to regulate insurance. illustration only a few days ago to show why it is best on No corporation foreign to a State has any absolute or vested some occasions that the mouths .of Members should not .open. right to enter or do bu iness therein. But if we are to be consigned to the tomb or denominated like Its admission to the State is a matter of comity only. When nesses of corpses because we remain silent, I prefer, at least, ever a foreign insurance corporation does not now, in the to open my mouth upon this occasion. It is said that a few opinion of the State authorities, treat its customers or policy years ago, before the mariufacturing enterprises bad attained holders right, or there is a question as to the fairness of it~ the magnitude to which they have now come oin the State of methods or itl3 solvency, it is excluded. Its license is revoked, Alabama, where there was an abundance of coal and of iron a.!:'.d the funds deposited to secure existing contracts in the and of limestone with which to flux the metal and an abun~ • 1905. CONGRESSIONAL RECORD-HOUSE. 59!) dance of forests, on one occasion an enterprising man from the already perpetrated upon widows and orphans and upon those North attended a funeral. He was inquisitive to know from holding insurance policies for the benefit of themselves and their what section of the country the beautiful bor es came which creditors go to show that they can not be left alone to do their were drawing the hearse to the grave. lle was told the horses own will in their own way. If it should fall under the head came from Kentucky, that the harness came from Cincinnati, of bank-ruptcy, under which it could properly fall, it could easily that the hearse came from Chicago, that the coffin came from be held or a statute could be enacted by which it could be deter: ~ittsburg, and that the ca·se in which the metallic casket was mined that they should submit to the inspection of the proper contained came from Maine. He was struck with astonish committee and tribunal or a bureau whenever the facts justified ment that with all the facilities for making iron and steel and an investigation for the purpose of ascertaining whether or not leather and wooden material none of these materials- should their outstanding obligations exceeded their assets, and con come from the State of Alabama. Expressing his astonish struing the e twelve billions distributed among the several com ment be asked, What is it that the people of Alabama contribute panies, a billion or a billion and a quarter in any one company on this occasion? He was answered that they contributed. the of outstanding insurance, whether or not that was a liability corpse and the hole in the ground. l\Ir. Chairman, I am which could be counted against them in declaring them to be afraid that unless we on this side of the House succeed bettE-r insolvent in ca es where fraud is charged, and the prima facie ip agreeing upon the various propositions which have been dis showing is that fraud bas been perpetrated, either in contribut cussed we may also be called upon to contribute in the future ing to national campaign funds, in paying outrageous and un the corpse and the hole in the ground, or we may be in the reasonable salaries, a hundred thousand dollar and a hundred position that the young lady was placed in when she was not and fifty thousand dollars, to the presidents of their companies, prepared to see the young gentleman who was visiting her. and other acts which have been shown by the investigation car She sent down word by the green servant girl that at present ried on recently in the State of New York and other places. sbe could not come in ; that she was negligee. The servant did But it is contended that the supervision by the United States not correctly pronounce the expression which she had gotten of insurance companies would contravene the right inherent in from her mistress, and I am afraid that if we do not try to them and reserved to them by the Constitution of -the United agree upon the various propositions that have been presented, States. when we go back to give an account of our stewardship we will Why, Mr. Chairman, we see that the Constitution allows us to find ourselves as "naked as a jay." [Laughter and applause.] keep and bear arms; still the various States of the Union are The President says in his message, under the bead of in permitted, in the construction of that clause in the Constitution, surance: to regulate the manner in which arms shall be kept and shall be Recent events have emphasized the importance of an early and ex worn, and as to whether citizens shall be allowed to carry them haustive consideration of this subject to see whether it is not possible concealed or whether they shall be allowed to carry them of a to furnish better safeguard than the several States have been able to furnish against corruption of the flagrant kind which has been exposed. certain size, etc. We find also that the national Interstate Com I r·epeat my previous recommendation that the Congress should also merce Commission is vested with the power to discriminate and consider whether the Federal Government has any power or owes any determine certain things in reference to interstate traffic on the duty with respect to domestic transactions in insurance of an interstate character. That State supervision has proved inadequate is generaily railroads; and still nearly every, if not every, State of this conceded. Union bas a State commission on the same lines, and their in l\Ir. Chairman, in presenting that feature of the question terests, their desires, and their duties do not conflict. The ale before this committee I wish to say that the President has in of intoxicating liquors is regulated by the United States laws, his message shown that be possesses the convictions of a Bryan, and still we find in every State in the Union that the traffic in the firmness of an Andrew Jackson, the popularity which be intoxicating liquors is regulated by the State authorities. We will obtain through the medium of this instrument as great as find the same in reference to the irrigation of the arid lands in that of Witte among the Russian people, and be has shown by the West. We find the same in reference to levees, particu his position on the various measures which be has taken in larly on the l\Ii sissippi River, which are contributed to by the this message to have the patriotism of the Japanese. I say States as well as by the United States Government, and their this in pite of the fact that there are many questions upon supervision does not interfere one with the other. We have which we have widely differed from the President, and we be also been told this morning upon thls fioor that some Members lieve have bad just cause for finding serious fault, but the posi are opposed to national quarantine regulations. For one I be tion which be bas taken on these public questions now before lie\e that the strong arm of the National Government ought to the country draws him nearer and nearer to the Democratic come to the aid of the State government in the question of quar· heart, and we may well allow the dead past to bury its dead. antine. The point has been reached in the history of infectious There are variou way under the Constitution of the United and contagious diseases that all the States are not able to con States in which the question of regulating insurance companies trol satisfactorily to the other States the question of quarantine, mny be follo'\\ed. .Any one of them would be adequate, in my and while I take the position that each State should still have humble opinion. None of them violates either the letter or the the right in its own way to control its local matters, in the ques spirit of the Constitution of the United States. I say this with tion of quarantine and in all other questions of the kind as well, due deferenc-e and with all deference to the learned and able there should be a s·upervisory control, and to a certain extent leaders on this ide of the House, and by it I do not wish to be now there is a supervisory control on the part of the United understood a' taking tlJe position that the Federal authorities States Government, and there is no conflict so far as my atten should supenene or should take the place of the control which tion bas been called. The people of the South are recently the States now have of the various insurance companies. aroused on the question as to whether or not we shall obtain at As suggested, insurance may be regulated by the levying of this session of Congress anything in benefit of our public-road taxe". Under that article of the Constitution which provides for system. We are deeply interested in that question. That might establishing uniform laws on the subject of bankruptcy. It be ,eonstrued in the same way as interfering with States rights may be regulated under that provision which reserves to Con and trespassing upon our domain; but I understand that orne gress the right to make laws for the Di trict of Columbia, and bills have been pre ented and will, no doubt, be pressed by if it bad not been that the Supreme Court of the United States those who are favoring them. They will be reported, I hope, has repeatedly held that insurance is not commerce it might but the regulations are to be so arranged that they will not con have been regulated under that clause, but if it should, as travene the rights of the States. All of these questions might expressed by the gentleman who bas just preceded me, I as well be eliminated by the States, because of the fact that the ' would not be willing for it to be regulated through that channel, United States Government is to supervene in behalf of these because of the fact that it would in all probability supersede various matters, as that will depri\e them of the right to exer the supervision which the States now have over insurance. cise their local authority. There is no principle of democracy more thoroughly embedded I contend, Mr. Chairman, that it will not. The wrongs of the in my nature than that the rights of the various States should insurance company should be remedied. The frauds have been be reserved to them and that these rights should remain forever stupendous. The depredation and spoliation and injustice to in the States. Under the bead of levying taxes, without going the people can not longer be tolerated, and, if they are, it is only into detail, it is perfectly ~pparent that with twelve billions a question of a short time when the people will be so hampered, of insurance policies outstanding it would be proper that a vast so chained, so enslaved, that they <:an not longer be considered amount of that kind should be controlled by some power, that as freemen. We have had an experience of that kind in our it would be proper that some strong arm intervened between own State, wbere the great lottery company organized there the weak arm of the State and these strong insurance com for years and years not only interfered with questions of legis panies. The mind of man can not conceive of an amount so lation and hampered but actually controlled for the time being vast, so stupendous as $12,000,000,000, to be controlled in one the legislature of the State, until the strong arm of the National form and another by these· insurance companies, ·either with Government came in and regulated them to a certain extent-by or without supervision. The acts of wrong which they have saying that they could not transmit the lottery mattel" through 600 CONGRESSIONAL RECORD-HOUSE. DECEMBER 19, tlle United States mails. That was the regulation, and it. I am aware of the fact that a great many gentlemen believe stopped this evil practice. Where a fraudulent concern, be it that _congress has no .jurisdiction and power. That opinion is lottery company, insurance company, or any other kind of a founded entirely upon a few decisions rendered by the Supreme company, sought to perpetrate any wrong or frauds or injustice Court of the United States, the first being Paul against Vir on the people, they could be debarred from using the United ginia, rendered in 18G , or nearly forty years ago. I submit, States mails, and they could be investigated by proper nuthori- gentlemen, that at that time the insurance proposition was not ties in this connection. There is another thing which this side what it is to-day; that in the years that have elapsed since 18G8 of the House stands for, and I believe that there is not a 1\fem- to the present time insurance has come to be a vastly different ber on this slde, with perhaps a few exceptions, but who is in proposition from what it was when the opinion in the case of favor of the railroad rates being regulated by some authority, P..llul v. Virginia was rendered. We did not at that time have whether the Interstate Commerce Commission or some other. any Hydes, McCalls, and McCurdys, and others who e names 11: makes no difference whether it is to be regulated by tl1e have now become quite familiar to the American people. · The Interstate Commerce Commission and whether it be a question other day I read, and I .presume that other gentlemen have done of commerce or not, the principle is the same. Why do the so, that this young man of Equitable fame gave a dinner costiug Members on this side of the House favor the National Govern- twenty or thirty thousand dollars to Sarah Bernhardt. At tlle ment regulating tile question of railroad rates, and at the same same time perhaps some poor woman and babie may have been time object to the regulating of insurance companies? The dying of starvation in the same precinct where he was gi-ring question of the right of the State, the inherent right of each his dinner. Had lle used the money for the purpo e of b1Jying State to govern it own internal affairs, is the same in the one tllem some of the comforts and nece saries of life we might case as it is in the otller. I believe that the great law commit- applaud and not complain, but we have a right to c&mplain tee, the Judiciary, should handle this question. [Applause.] when lle blows in that much money to make a good fellow of Now, Mr. Chairman, I have taken the authority of . saying himself with Sarah Bernhardt, because it is our money tllat he something with reference to what a new Member has observed is using when he does it. • after a short stay in the capital. I do believe that the feeling, I was saying tllat insurance is a different proposition now the- inspiration, of patriotism is implanted in the hearts of from what it was some years ago. The Supreme Court of the every Member of this national body. 'Ve are here to make the United States has declared that what is an article of commerce law for the whole United States. We are here representing is determinable by the usage of the commercial world. That is the people of this entire Government. We have a great and held jn the case reported in 125 United tate , page 465. · As glorious country, one worthy of all love, all respect, of every stated by the gentleman from l\Ia sachusetts the other day, the emotion of patrioti m. The oppressed of all lands and climes case of raul v. Virginia wa · practically overruled in the case of find here a harbinger of peace and plenty. Italy's balmy Champion against Arne . The cotu-t held ·there that a lottery zephyrs kiss our southern skies and Russia's congealing vapors ticket, while of only nominal value, was a subject of commerce, envelop our northern homes in robes of purest white. The and where it has been sent from one State to another that it prow of ocean's monster directs her cour e from America's is tlle subject of inter tate commerce. An insurance policy may beach and gladdens the hearts of an amazing world with prod- not be a lottery ticket; but I assume as a matter of fact that a ucts of her native home. With our netw·ork of railroads, tele- policy 'iYritten by any of the solvent in urance companies of this graph and telephone lines, a home free to each of the adult country ought to be of equal value with a lottery ticket, ninety citizens of our country, with our coffers groaning under the nine out of every one hundred of wllich are absolutely worthle . , weight of our precious treasure, we defy the world to refute and only blanks. Then a policy of insurance i a thing of value. our claim that America is tile most propitious land upon which I submit that it is a coDlmodity, and I submit that it is com a benignant sun doth shine to-day. We are patriots. .We love merce. The effect of the ruling in Champion v. -Arne has prac our country. We have a country worthy of our love. From tically OV'erruled the principle involved in Paul against Vir the most remote antiquity man, whose soul ever stirred with ginia, upon which gentlemen claim that in urance is not com patriotic emotions, has gone forth at his country's call, and has merce. staked his life and his sacred honor in his devotion to her Again, it has been held by the -supreme Court of the United cause. The war ongs of eV'ery age and nation have awakened States that the sending of a telegram is commerce, and that the· the strongest passions and have stirred the deepest emotions_ sending of a telegram from one State into another State is in of her warriors. In the glorious achievements of those who ter tate commerce. That was held in the case of the Pensa have suffered in humanity's cause, the bard has awakened the I cola Telegraph Company against the Western Union Telegraph slumbering chord of his noble lyre and called forth the beatific I Company. Now, then, I desire to give what Ju tice Field, who, s-trains which still float upon the tide of time. The grandest I think wrote the opinion in the case of Paul '1.'. Virginia, has monument which can commemorate the deeds of men is that to ~ay concerning the effect of the decision in the case of the which the patriot erects in the affections of his countrymen. Pensacola Telegraph Company against the We tern Union Tele- [Applause.] graph Company. . Mr. McCARTHY. Mr. Chairman, this is undoubtedly one of ' By tbe decision now rendered Congressional legislation can take this the most important subjects that has come before Congress for control from the State and even thrust within its borders a ·corpora many years. That proposition is conceded on all sides. Why tion ft·om other States in no way responsible to it. is it important? It is important because the great life-insur The effect of the opinion in raul t. Virginia was that this ance companies of this country have been reaching forth their could not be done. In the latter case it has been held that it hands and filching from the pockets of our people all over the may be done, and one of the able judges who rendered the land. As the gentleman from New York [1\lr. CocKRAN] stated opinion in Paul v. Virginia recognizes the fact. the other day, it bas become the occupation of thieves and the 1\lr. NORRIS. Mr. Chairman, will my colleague permit a pastime of scoundrels. It is a question of so much importance question? that our President has seen fit to call the attention of Congress Mr. McCARTHY. Certainly. to it again and again. He called the attention of the Fifty 1\Ir. NORRIS. I should like to know what case it is from eighth Congress and called our attention to it in the Fifty-ninth which yon have read the extract? Congress, repeating only and emphasizing his advice to the 1\Ir. McCARTHY. That is from the case of the Pensacola Tele Fifty-eighth Congress. But it has been said that the President graph Company v. The Western Union Telegraph Com11any, is not a lawyer. 'l'hat may be true; but be is surrounded by law which arose in this way: The Pensacola Telegraph Company yers. He has a Department of Justice, and there there are able, was authorized by the Sta.te and given an exclusive franchise. thoroughgoing lawyers who have undoubtedly examined this The Western Union Telegraph Company entered that State, question and examined it carefully and have advised the Presi and the question arose as to whether the Western Union bad dent as to its legal status. After this advice bas been consid any authority to enter the State and transact business there ered, be sees fit to call the attention of Congress to the subject. when an exclusive franchise had been given to the other com . Now, I assume that it is the opinion of the President of the pany. United States and the opinion· of the Department of Justice, 1\Ir. NORRIS. The Western Union being a foreign corpora and that it has been their opinion for some time, that Congress tion. bas jurisdiction and power to deal with this subject; otherwise Mr. McCARTHY. Yes; and the Supreme Court of the United it were folly for the President to repeatedly call our attention States held that the Western Union might do so, and Justice to it. Field used the language which I have just quoted. - The gentleman from Pennsylvania the other day said that he · It may be true, as the gentleman from Alabama [1\Ir. RICHARD himself bad discussed the constitutionality of the question with SON] has just said, that-the mere statement of this proposition an Assistant Attorney-General of the United States and had is preposterous; .but I do not think so. What is the definition been assured that in the opinion of that gentleman there was no of commerce? It is defined as trade, traffic, and intercourse. question but what Congress had power to deal with the subject. Now, when a gentleman from New York goes into Nebraska and 1£)05. --- CONGRESSIONAL .RECORD-- HOUSE. 601 undertakes to.sell life insurance or any other kind of insurance, . The city of St. Louis is to-day recognized as the gi·eatest rail I submit that he is trading with our people. ·I submit that tile road center· in the world from the standpoint of mileage. There business lle is engaged in is trade and traffic with our people. is a greater railroad mileage centering at St. Louis than there is I submit that it is intercourse with our people, and if it is not at any other city in the world. More than twenty great rail I want to know what it is. roads pass through St. Louis. In fact, there is scarcely a . The Iowa court bas held that insurance is a commodity. You transcontinental line but touches St. Louis; and yet, notwith will find this in 102 Iowa, at page G02, and the Supreme Court standing that fact, St. Louis, in one sense the greatest railroad of tile United States has held that commerce is an exchange of center in the world,' is nevertheless not on the railroad map. commodities, and an exchange of commodities between citizens Some of the gentlemen present would probably not understand of different States is interstate commerce. The Supreme Court what I mean when I say that St. Louis is not on the railroad map. of tile United States has held that the power to determine what But when I tell you tllat if you will go to the depot here at articles may become subjects of commerce is in Congress-that Washington and h·y to ship a barrel of :tlonr to St. Louis you can is, that Congress bas the power to determine what subjects may not do it, but, on the contrary, you would be compelled to ship become articles of -commerce. . . it to East· St. Louis, Ill., and from East St. Louis reship it to Now, I would be as reluctant as any gentleman on the :tloor of St. Louis, and pay a charge for the second shipment at an ab this House to see the Federal Government usurp the functions normally high rate; you will understand partially what I mean. of a State or the powers of a State, or .venture upon the domain But to this I shall refer again later on. of States rights. I can not agree with the gentleman that the All of the railroads of which I speak must cross the Missis nearer the Government is to us the purer and more perfect that sippi River somewhere iri the vicinity of St. Louis. Some -years Government is. I believe that there are subjects that the Fed back there was constructed between the cities of East St. Louis, eral Government can deal with more effectively than State gov Ill., and St. ·Louis, Mo., across the Father of Waters, that mag ernments can deal with them, and I believe that this is one of nificent structure· known as Eads Bridge. The Eads Bridge was the subjects. At any rate it must be conceded, notwithstanding controlled by a holding company, and the rates were conside~ed what the gentleman from Minnesota [Mr. STEENERSON] has said to be arbitrary. To prevent this evil another · bridge was con concerning the wise and beneficent laws of his State, that structed, called the Merchants' Bridge. In the charter granting the State governments have made a most dismal failure in the privilege of constructing this second bridge across the Mis their attempt to regulate and control insurance corporations. sissippi River, Congress especially specified that there would be Why do I believe that? Because, notwithstanding _ the laws no combination between it and the first bridge or between the which we find on the different State statute books, some of Eads Bridge and the Merchants' Bridge ; and, further, espe which have been there for many years, all of the evils, all of cially provided that in the e>ent that there was any such com the wrongs, and all of the abuses that our people complain of bination-that the charter should be forfeited. Ilave de>eloped while those laws have been in existence. Some · Notwithstanding these wise provisions in the charter, not of the best, wisest, and strongest of the insurance commissioners many years rolled around before a holding company was formed, from those States where they have the best laws, have admitted and this holding company acquired the control of the Eads that State control has proved an· absolute failure, and they are Bridge ~ and also of the Merchants' Bridge; and, not satisfied the ones who have recommended that Federal legislation be with this, acquired also the control of the bridge at Alton, some enacted upon this subjcet. 30 miles up the river, and, still not satisfied, this holding com The Supreme Court has held that the courts can not hold pany secured also the control of all the interstate terminals on that any article which Congress recognizes as the subject of ·either bank of the river, and eventually acquired conh·ol of all interstate commeree is not such, and I have no doubt that the· ferries plying across the river for many miles along its should Congress enact a law declaring insuranoo to be com shores. To show you the extent to which this holding company merce, and-transactions between citizens of different States to went in order to acquire a complete monopoly of all accesses to b~ interstate commerce, the Supreme Court would sustain that St. Louis, I tell you that in purchasing the control of the law. . ferries across the river it paid -as high as from fifteen hundred . Now, perhaps nothing is pertinent at this time unless it is to sixteen hundred dollars per share for stock which had never confined strictly to the pending motion, ru;J.d I submit that this been v·alued at more than from two to three hundred dollars part of the President's message should be referred to a commit per share. - tee that is willing to act upon it and not to a committee that Thus it has developed that an immense combination of cor has already. prejudged the case, that has already decided that, porate interests,- known as a holding company, has the absolute notwithstanding the suggestions of the President, this body has control of all the bridges, of all the ferries, and of an the inter no jurisdiction and no power to act. state terminal facilities for miles up and down the Missis I submit that it is proper to refer this subject to the Inter sippi River, and in this way controls every avenue of trade state Colllmerce Committee. That is the committee that ought leading· into the city of St. Louis; and, worse than that, to consider the question, in my opinion. There is a . committee controls the avenues of trade leading from the East to the of fair-minded gentlemen, .of able gentlemen, many of whom are West. This combination of corporate interests is the master lawyers, and an opportunity_will undoubtedly be given. to every of a gateway at the center of the nation, and, in its absolute member of the Judiciary Committee, and to every lawyer who dictatorship of this · gateway at the crossing of the roads. of is a Member of this House, to appear before that committee and national commerce; restrains the interstate trade from the East submit any_statement of fact or legal conclusions desired. . And to the West, injuring at the same time the manufacturing indus there is _nQ question but what the subject .will be. carefully, tries of New York and New Haven and the shipper of wheat, thoroughly, and learnedly considered by that committee. I do corn, and cattle in the West and Southwest. not believe that a tax upon these insur:;rnce companies will · This immense corporation is not composed, as a general thing, afford adequate relief. In my opinion all that the companies will of St. Louis citizens, but is rather composed, controlled, and do is simply to pay the tax and add that much to the premiums dominated by men who live in New York and Philadelphia, in which they require their policy holders .to pay. It is the mnn England and in France. way down at the bottom who, in the last analysis, pays the · Fourteen great railroad corporations have combined to form taxes in. e.very instance. · this gigantic trust. Fourteen · great railroads have joined to I might cite instances where the Federal Government has form this holding company, and so complete is the monopoly de~lt more . thoroughly with problems than have the local that they have acquired· and so vast are the revenues that they governments. If it be true that the nearer the government to are enabled to exact from the commerce. of the nation that the the people the purer and wiser and better the government, how proceeds derived are almost sufficient to satisfy, even when is it that the rottenest specimens of government that we can divided by fourteen, these great railroads; is almost sufficient to find or ever heard tell of are found right at · home, in our own meet the demands of the multimillionaires living in New York. municipalities where we live? No other form of government is London, and Paris. to be compared with them for corruption. [Applause.] No greater conspiracy against trade and commerce can be dis Mr. Chairman, I desire to reserve the balance of my time. covered in the history of the past. Never before did a combi l\Ir. 'VOOD of Missouri. l\Ir; Chairman, the greatest question nation of corporate interests so completely obtain a controlling before the American public to-day is, in my opinion, ·that in refer .hold upon commerce and trade as has this holding company . ence to the regulation of interstate railroad and interstate ter obtained upon the commerce which crosses the center of our minal rates. The President of the . United _States very wisely nation. This holding company, conscienceless, remorseless, gave this subject a very prominent place in his message, and in merciless, hits .demanded its pound of :tlesh from the manufac that document, . while calling the attention of Congress to the turer, the merchant, and the tiller of the soil with like impunity. railroad-rate question, did not fail to call attention to the neces . Not satisfied with these so-called ".legitimate victims," and sity of Federal legislation in reference to interstate terminal forgetting the old_adage of "honor among thieves," this combi evils. [Applause.] nation of fourteen great railroads has, in years past, and is 602 CONGRESSIONAL RECORD-HOUSE. DECEMBER l9, to-day, squeezing and harassing all the other railroa-ds that co_rrect a wron~ to interstate commerce and trade, step in and have the audacity to attempt to compete with them in the trade with a controllmg band remedy the evil that has been done.. of. the Southwest. · A few years buck the Rock Island Railroad [Applau e.] Company, an independent line, a line not having a finger in the Do you ask why the busine s men of St. Louis and the South· terminal pie, a line not recognized as one of the· fourteen con west are complaining against this great injury? If you lived in spirators, attempted to purch'flse its own terminals, and to this St. L?uis _YOU would not need to be told the reason why. If end attempted to buy the Wiggins Ferry, with its terminals you hved rn St. Louis you _would find that it would be impossi· leading into St. Louis, so that it might have free access into the ble for you to leave the City toward the East without paying city and be relieved thereby of paying tribute to this terminal tribute. If you lived in St. Louis you would understand that company. But the great Rock Island Company-great and the growth of the city, the growth of the commerce of the powerful and controlled by wealthy and ingenious financiers as ~outhwe t, is being restrained by this combination of corporate it was-did not realize the task that it was undertaking. In mterests and that an unlawful tax was bein call the .atterrtion of the -committee to the divergent views that But, -as I said. Mr. Chairman, it was not for the purpose of ha\'"e been expres ed in r.egard to tlle regulation of insurance discussing the insurance question that I have claimed the priv~ companies. ileges of the floor at this time. The discu sion by this commit~ We heard th~ other day a very clear and logical discussion of tee has covered pretty nearJy every subject referred to in the the question by the gentleman from Kentucky [1\fr. SHERLEY], message <>f the President. I realize that the insurance question wbo argued in fa '\"Or .of a more strict regulation of the companies is a very important oae, and on-e which I trust will receive the by Sta.te authority, and whose .arguments finally developed into careful and state manlike consideration of this House. a complete di cu ion of the relative growth of the powers of "But, Mr. Chairman, there is one question referred to in the the national and of the State governments. We listened with Pre !dent's message which, to my mind, is far more important a .gJ.'eat deal of pleasure to the distinguished gentleman from than the insurance problem, It is the most important question, New York [1\fr. CocKRAN], and if at times he overlooked some I submit, Mr. Chairman, that could engage the attention of the establi bed fact , we readily forgave him, because we ail fully Congress. It is most important, sir, because it lies .(l.t the very realize that an orator can not at all times be hampered by such foundation of the proper solution of all other que tions. The commonplace things as facts, but must, like a poet, "be permitted tribunal to which all questions, under our form of government, on occasions to gi'Ve his imagination full swing. [Laughter and must in the end be submitted is the American electorate. Un applause.] The gentleman seriously urged upon the floor of le s that electorate, in the exercise of the elective franchise, this Hou e that Congress ought to consider whether it should shall be protected from fraud and corruption-the most insidi not exerci e the power gi'Ven to it by the Constitution to guar ous foes in all history to republican forms of government-we antee a republican form of go'Vernment to the different States, can not hope for a proper solution of any of the great problems and that in the exerci e of that power, because of the growth that agitate the American people. , of the e insurance companie , the Congress of the United States The President of the United States, in his message to the ought to go before the world to-day with an investigation to Fifty-ninth Congress, .as in his message to tlle la t ession of determine wllether or not the growth of these great business the Fifty-eighth Congress, referred to this question. lie makes institutions did not threaten the very life of the Republic, as a two ru stinct recommendations in his mes age to the present remedy for nil the evils and the abuses that we all deplore and Congress, <>ne in reference to the control of Federal eJections, · condemn and which ha\e been brought to the attention of the and the other regarding contributions by corporations to politi American people in a startling manner by the investigation now cal parties when Federal officers are to be yoted for. In the taking place in New York. He proposed that the insurance com mes age as it comes to us we find on page 20 the following panies should be limited in the·transaction of their business to recommendation: the States where they had been incorporated. We listened yes In my last annual message I said : terday to a most entertaining and in some respects very persua "The power of the Government to protect the integrity of the elec si\e argument by the gentleman from Indiana [Mr. FREDERICK tions of its own officials is inherent a11d bas been recognized and affirmed by repeated declarations uf the Supreme Court. There is no LA.NDIS] in fayor of a measure which he has introduced in this enemy of free government more dangerous and none so insidious as the Congress to gain n of the United States, wise statesmanshi-p to digest the information now being gath and which . we ba\e absolutely at tile per ent time, but have · failed to exercise. There n. I am largely influenced in the conclusion I have tegrity. By the Constitution of the United States, by ection 4, reached upon that question by the language of the message itself. Article I, of the Constitution, we are given this power in e~I)ress The President refers to the insurance problem in connection terms. with interstate commerce. It .is his me sage that we are now The times, 'Places, and mannel' of holding elections for Senators and discus ing, and trying to determine to wh1cl1 ,of the standing Representatives shall be prescribed in each State by the legislature committees of the House it should be l'efened. thereof; but the Congress may, at any time, by law make or alter such I certainly shall not vote in favor of referring that portion regulations except as to the places of choosing Senators. of the message to the ommittee on Ways and .l\1-eans. There It is not my pm'pose to enter into the details of such a law as is not a sugge tion in the message of the President concerning I think should be passed und-er this power. I introduced at the the raising of re\enue by taxing insurance companies, or any la t se sion, and have reintroduced at this se sion, a bill which sugge tion that we can control or regulate the business of the does sho'v wllat I belie\e should be the character of 1egislation insurance companies by exercising our undoubted power of tax enacted by Congress. I would not have the Federal Government ation. Neither do I think that this is the appropriate time to take any supervision or control over elections. I would, in refer that portion of the message to the Committee on the :ru hort, simply provide that bribeJ.'Y or any form of corruption at dicia.ry. It may be that before this Congress adjom'lls, if any the election of Repre entati>es or Pre idential electors llould of tile standing committees of the House should report a bill con titute a crime against the Federal Government, and tllat upon the in urance question, that this House may desire the these crimes should be prosecuted and punished through the opinion of the Judiciary Committee upon the constitutional· Federal courts and by the Federal officers. que tions inYol\ed. It will be then, and only then, it seems to It is no longer an open question as to whether we have the me, ~lr. Chairman, that it will be proper to refer this portion of right to pass and enact such laws, Tbe Supreme Court of the the message to the Judiciary Committee. United States bas spoken in no uncertain terms upon this propo- -1905. CONGRESSIONAL· RECORD-HOUSE. 605 sition. In the case known as Ex pa.rte Siebold (fOO U. S..,. 387}, p:ttot'-ect the act of votlng,- tlie place wne1'e It is done, ana the II!an who votes from personal violence' or i'ntim1dation' and the electiOn the Supreme Court u es the following fanguage: itself from corruption and· fraud? It is objected that Congress has no power to enforce State laws or. . ~ . . . . . to punish l:>tate officers, and especially has no power to punish them for It Is as essential to the successful working of this Government -t:hat violating the laws of theit· own State. As a general· proposition this the great organism of its- executive and legislative branches should be is undoubtedly true : but when, in the performance of their functions, the free choice o:t the people as that the original form of it should be State officers are cil1ed upon to fulfill duties which th~y owe to the so. In absolute governments, Where the monarch is tl1e source of all United States as well as to the State, has the former no means of com power, It i:s still held to be important that the exercise o! that power. pelling such fulfillment? Yet that is the cai>e here. It is the· duty shall be free from the influence of extraneous violence and internal of the States to elect Representatives to Congress. The due and fair corruption. . elections of these Representatives is of vital importance to the United In a republica.xt government like ours., where political: power tS re States. The Government of the United States is no less concerned in posed in representatives of the entice body· of the people chosen at the transaction than the State- government is. It certainly is not short Intervals by popular elections, the temptations to control these bound to stand by as a passive spectator when duties are violated and elections by violence and by corruption is a constant source of danger. outrageous frauds are committed. It is directly interested in the Such has been the· history of aU repu.blics, and, though ours· b~s faithful oerformance by the officers of election of their respective been comparativeLy free from both these evils in .the past, no lover of his duties. Those duties are owed as well to the United States as to the country can shut his eyes to the fear of future danger from both State. This necessarily follows from the mixed character of the trans sources. action-State and national. A violation of duty is an offense against If the recurrence of such s.cts as the-se prisoners stand convicted of the United States for which the offender is justly amenable to that are too common in one quarter of the country and. o-ive om_en of da.n~er Government. No cffi cial position can shelter him from this responsi from lawful violence, the free use of money m electiOns, ansmg bility. In view of the fact that Congress has plenary and paramount from the vast growth of recent wealth in other quarters, presents equal jurisdiction ovel· the whole subject, it seems almost absurd to say that cause for anxiety. an officer who recei'"es or has custody of the- ballots given for a Repre sentative owes no duty to the National Government which Congress The note of warning has been sounded not only by the execu~ can enforce, or that an officer who stuff's the ballot box can not be ti ve brn.nch of the Government, but also by the judicial depart~ made amenable to the nited States. If Congress has not, prior to the passage of the present laws, imposed any penalties to prevent and ment. The attention of Congress has- now twice in twelve punish frauds and violations of duty committed by officers of election, months been called to the condition by the Chief Magistrate of It bas been because the exigency has not been deemed. sufficient to the nation. I trust, Mr. Chairman, that the Fifty-ninth Con 1·equire it and not because Congress had not the requisite power. gress will not, as did the Fifty-eighth Congress, pass into his The court also S3.YS in this same case : tory without placing upon the statute book of the Federal The true doctrine, as we conceive, is this, that whilst the States Government legislation which. will be competent to prevent the are really sovereign as to all matters which have not been granted to repetition of these crimes at the election of its own officers. the jurisdiction and control of the United States, the Constitution and constitutional laws of the latter are, as we have already said, the Now, ~Ir. Chairman, if I have succeeded in any degree what supreme law of the land, and when they conflict with the laws of the ever, by what I have said upon this floor, in calling attention to State they are of paramount authority and obligation. This is the the importance of this question and to the power that is vested fundamental pl'inciple on which the authority of the Constitution is base-d, and unless it be conceded in practice as well as theory, the in us by the Constitution, I ha-ve accomplished all that induced fabric of our institutions, as it was contemplated by its founders, can me to claim the attention- of the House. [Applaus-e.] not stand. The questions involved have respect not more to the au Mr. JOHNSON. Mr. Chairman, altllough so much of the tonomy and existence of the States than to the continued existence of tile United States as a Government to which every American citizen President's message as refers to insurance has been discussed can look for security and protection in every part of the land . . until the subject is almost threadbare, and it is somewhat em We think that the cause of commitment in these cases was lawful, barrassing to speak: upon it at this stage of the proceedings, the nnd that the application for the writ of habeas corpus must be denied. discussion has not been in vain. It has served the purpose of That case, 1\Ir. Clmirman, went before the Supreme Court at a showing the contempt and the disgust that all honest men feel time when we did have some statutes upon the Federal statute toward the disclosures of high officials touching their manage books regulating what offenses at elections of Federal officei's ment of insurance companies. It shows that the American peo~ constituted a crime against the National Government. In the pie are still honest at heart and that the magnitude and the repeal of the force bill, apparently without proper consideration, enormity of the crimes have not blinded them to virtue. So not only were all the provisions of that bill which gave to the much of the message as refers to insurance, in my judgment, National Government power to supervise and control elections should gO' to the Committee on the Judiciary, with instructions repealed, but also those other provisions which did not p:u·take to report back whether or not Congress has constitutional war~ in the slightest degree of force were wiped out at the same rant to legislate upon this subject. In my own view we have time. So at the present time there are no statutes upon the no such authority. Personally, no matter what the committee national statute book regulating what constitutes crime against may report as to the constitutional power of the House, I the National Government in the election of its own officers. would not be willing to vote for any measm·e that would take It requires no argument, Mr. Chairman, to demonstrate the the right away from the States to control these corporations. necessity for legislation of this kind. At every session of Co:u. It is clear, 1\Ir. Chairman, that if you take the power from the gress we are called upon to pass upon half a dozen, and some States and lodge it in the Federal Government the people will times many more, election contests. These contests- frequently be in worse plight than they are now. This jm'isdiction can arouse very bitter partisan feeling; and yet, after we are not be concurrent. It will be exclusive in one government or through with the contest, after we have determined by the con in the other. As was so admirably suggested yesterday by the test that Mr. A. or Mr. B. is entitled to his seat in this body, gentleman from Indiana [Mr. FREDERICK LANDIS], it is proper the National Government, whose honor and whose integrity for Congress to legislate and to provide for the regulation of has been violated by the commission of the crime, has no power insurance in the District of Columbia, and I hope when we whatever to reach out its strong arm and bring those who baye have such legislation it will be so wise and so beneficent as to been guilty of that wrong and that crime against the National prove a model for every State legislature in the American Government to the courts of this Government for punishment. Union; but, sir, I believe there is sufficient wisdom, sufficient The necessity for legislation of this character is made apparent virtue and sufficient honesty in every State to protect the peo from the records of Congress. The power to legislate upon the ple against further spoliation. question is given to us -by the Constitution as it has been con The legislatures have absolute and supreme power over this sh·ued by the Supreme Court. I have referred to one case, and question. They can prescribe such conditions and such limita I shall refer only to one other, and shall read only a: paragraph tiDns as they see fit. I desire to call attention to a significant or two from that decision. In the case of Ex parte Yarbrough fact The agitation in favor of the Federal Government assum (110 U. S., 651) the Supreme Court again said: ing control of insurance companies was begun by the insurance That a government whose essential character is republican, whose ofticials themselves. In the testimony before the Armstrong executive head and legislative body are both elective, whose most numerous and powerful branch of the legislature is elected by the committee one of the high officials of the insurance companies, people directly, has no power by appropriate laws to secure their elec in testifying, touching the vast expenditures that h:a ve been tion from the influence of violence, of corruption, and of fraud, is a made at Albany and other State capitals, added to his testimony proposition so startling as to arrest attention and demand the gravest consideration. this significant remark: " When we get Federal regulation, this If this Government is anything more than a mere aggregation of difficulty will be obviated." The insurance officials who bar-e delegated agents of other States and governments, each of which is clamored for Federal control are the men who do not want any superior· to the General Government, it must ha-ve the power to pro tect the elections on which its existence depends from violence and conh·ol at all. They want to get out from the power and the corruption. jurisdiction of the forty-five legislatures of the forty-five sover If it has not this power it is left helpless before the two great eign States. They want a lax, easy, nominal control that wil1 natural and historical enemies of all republics, open violence and in~ sidlous corruption. not controt. Speaking of the enormous expenditures that were • * • • • made at Albany and elsewhere, as Mr. l\lcCall alleged, for the Will it be denied that it Is in the power of that body to provide purpose of preventing blackmail and vicious legislation, I be~ laws for the proper eon duet of those elections? To provide-, if nec lieve that that statement is as false as the man who uttered U essary, the officers wbo shall eonduct them and make return of the is corrupt result? And especially to provide, in an election h~ld under its own authority, for security of life and limb to the voter while in the exer I do not believe that blackmail and vicious legislation could cise of this function? Can it be doubted that Congress can by law pass the scrutiny of both houses of the New York assembly, no:r 606 CONGRESSIONAL RECORD-HOUSE. DEOEMBER 19, do I believe that such legislation could pass the legislature of panies, not one of the big three, because the millions with which any State in the American Union. Almost every member in they deal are beyond the comprehension of most men, tut one those legislatures is himself interested in insurance. The Amer of the companies since its organization has paid out in pre ican people are not opposed to insurance. They want the com miums and death losses $92,000,000 and in the same period of panies honestly and economically managed I think that the time bas paid $130,000,000 in expenses. Forty-one per cent plus kind of legislation the insurance officials were watching to pre had gone to beneficiaries and 58 per cent plus had gone to the vent was honest, wholesome legislation in the interests of the officers. I do not care, Mr. Chairman, if you limit the com policy holders that would stop their speculation and spoliation. panies to the borders of the State and provide that no company That is the kind of legislation they wanted to prevent. Now, should pay any commission for new business. Review the spec when the question arises in the various State legislatures, as it tacle now of these great companies going out after business is soon to do, because these disclosures have opened the eyes of actually at a loss, using funds that have been made and saved the American people to the enormity of the crimes of their and buying new business. The business they are now getting heretofore trusted trustees, the question will be discussed in all does not pay for itself. · of its phases. The States whose control is absolute, whose Mr. Chairman, one of the strongest and best of insurance com power is supreme, can fix conditions and limitations which all panies in Great Britain employs no agents at all. If a person companies must comply with to do business in those States. desires insurance in that company he writes to the borne office. It has been suggested in the course of this debate that differ He is furnished an application blank, which he fills out. ent States might provide conflicting conditions, and hence a When it reaches the home office, if his family history indicates company could not possibly comply with the conditions of both that he is probably a good risk, then one of their physicians States; that in complying with one it would necessarily violate examines him. On the coming in of that report, if be is found the conditions of the other. In reply to that suggestion, I to be sound, he is notified that be is accepted, that his premium know of no overpowering necessity that would compel an insur is a certain amount, and he sends it to the company by mail ance company to do business in every State of the American and they send him a policy. The only expens(' incurred in the Union. If it should come to pass that the State of Nebraska transaction is the physician's fee and a few pennies for postage. and the State of Mississippi should provide conflicting condi Now, Mr. Chairman, these are questions that the States can tions with which no company could comply, it would be the all deal with in their own way and in their own time. We have pleasure · of the insurance company to decide which State it ·not been so fortunate; we have not been so happy in our man would operate in, and let the other severely alone. The States agement of corporations as to encourage the hope that we would of this Union have the same right-the same legal right and the have better success with insurance companies. It has been sug same moral right-to prescribe upon what terms corporations gested here to-day that the States had signally failed Unfor or citizens can do business within their borders as any gentle tunately the States have hitherto legislated upon the assumption man upon this floor has to prescribe upon what conditions his that the management of the companies was honest and they fellow-man can enter his house. If the conditions fixed are too were guarding against insolvent companies. Hereafter they hard, if the limitations fixed are too narrow, and the companies will throw safeguards around the companies doing business in do not want to enter the domain, let them stay out. Suppose their borders; they will make the limitati-ons narrow and the they do stay out. In the speech of the gentleman from New conditions hard; and I believe that out of all this great discus York [Mr. CocKRAN], by which we were all charmed and elec sion there will come relief for the American people. But, sir, trified, the happiest suggestion, to my mind, was the proposi it will come through the sovereign legislatures of the sovereign tion to confine corporations of insurance to the States "that gave States. There is sufficient wisdom, there is sufficient virtue, them their charters. Can you conceive of any reason why the and there is sufficient honesty in every State in the American great State of Illinois should be dependent upon the State of Union to protect its own citizenship against spoliation and New York for her insurance companies any more thnn she fraud. [Applause.] should be dependent upon New York for her savings banks? MESSAGE FROM THE SENATE. You have men of ability equal, I know, to the ability of any man who has graced an insurance office, and God knows I hope The committee informally rose; and Mr. CoNNER having far superior in integrity, in every State and in every township taken the chair as Speaker pro tempore, a message from the of the American Union who could take charge of these insur Senate, by Mr. PARKINSON, its reading clerk, announced that ance companies, manage them economically and honestly for the the Senate had agreed to the report of the committee of con policy holders, invest their money at better rates of interest ference on the disagreeing votes of the two Houses on the and keep it within their own borders and build up their own amendments of the Senate to the bill (H. R. 480) entitled "An great industries and resources. The greatest source of the act supplemental to an act entitled 'An act to provide for the money poured into the great city of New York from all sources construction of a canal connecting the waters of the Atlantic that contribute to it is the life insurance premium. Even in and Pacific oceans,' approved June 28, 1902, and making appro times of panic it pours in with undiminished strength, in undi priations for isthmian canal construction, and for other pur minished volume, representing the toil and thrift and industry poses." of the American people. When it goes there instead of being DISTRIBUTION OF PRESIDENT'S MESSAGE. used for legitimate business purposes it has been used in ques The committee resumed its session. tionable ways and in vicious enterprises. But if it shall come 1\fr. SULZER rose. to pass that any State in this Union prescribes conditions that The CHAIRMAN. The gentleman from New York [1\Ir. the insurance people are not willing to comply with, that State Sui.zER] desires to have the floor again. When be spoke on a is to be congratulated It is not pertinent now and here to former occasion he reserved the balance of his time. discuss the question as to what conditions the various States Mr. SULZER. Mr. Chairman, a few days ago I introduced may prescribe. into this House the following resolution, which I now send to If I had the honor to be a . member of the legislature of any the Clerk's desk and ask to have read State in the Union I would endeavor to prescribe conditions The Clerk read as follows : that would revolutionize the business. I would provide that no Whereas it has been published in the newspaper press of the country, company could do business- within the borders of my State and is now generally believed, that the Secretary of the Navy bas which gave any man a salary, either directly or indirectly, in recommended and contemplates the breaking up and the absolute de struction of the last vestige of one of the most famous historical relics excess of $25,000 a year. Why, in these in~urance companie~. of the United States, namely, the frigate Constitution, lovingly, pa· one man-one of these insurance dignitaries-is considered triotically, and popularly known as Old Ironsides; and equal to all the Representatives of the great State of New York Whereas the patriotic people of the country regard such contem plated destruction of Old Ironsides with the most profound sorrow on this floor. Their sons, their sons-in-law, their nephews, and and regret, and as an irreparable loss, because Old Ironsides can never their cousins, who have never been beard of in the business be replaced nnd her like can never be looked upon again if once totally world, are drawing princely salaries, $50,000, $75,000, or a destroyed ; and they believe that if only one of her planks remains it should be sacredly saved and preserved as an historic relic : Therefore, hundred thousand dollars a year. The answer to that is the be it old maxim that the thing is worth what it will fetch. 'Veil, I Resolved, That the Secretary of the Navy be, and he is hereby, would like to know what these fellows would fetch if they were respectfully requested, if not incompatible with the public interests, to send to the House of Representatives as soon as possible all informa put on the market, There are thousands of dry-goods clerks in tion upon the stbject of the contemplated destruction of the frigate the city of New York who are the equal of these men in busi Constitution, popularly known as Old Ironsides, and in the meantime ness ability. They are there not by reason of great business to await such further action as the Congress may deem proper to take to prevent such destruction; and be it further reputation that they have made, but they are there by the favor Resolved, That the President of the United States is hereby respect itism of those who have charge. fully and earnestly requested to promptly . intervene and recommend such measures as shall secure the permanent preservation of all that I was reading in the report of the Armstrong committee the now remains of the frigate Constitution as one of the most sacred other day this remarkable statement that one of the great com- historical relics remaining to the people of the United States. 1905. OONGRESSION·AL RECORD--HOUSE. 6[)7 Mr. SULZER. 1\lr. Chairman, that is a patriotic resolution Her deck, once red with heroes• blood, ii:n Where knelt the vanquished foe, and it speaks for it elf. I am favor of it, and I believe it When winds were hurrying o'·er the flood should pass this House without delay. It was introduced by me And waves were white below, for the purpose of getting definite information aild finding out, No more shall feel the victor's tread Or know the conquered knee- through the Secretary of the Navy, as soon as possible, just The harpies of the shore shall pluck when, and how, and where, and why the Secretary of the Navy The eagle of the sea ! ·propo ed, intended, or contemplated the destruction of the Oh, better that her shattered hulk frigate Constitution, popularly known to the American people Should sink beneath the wave; as "Old Ironsides," and what authority, if any, he has in the Ker thunders shook the mighty deep, And there should be her gt•a ve ; premises to destr·oy this historical relic of the American Navy. Nail to the mast ber holy flag, Mr. DALZELL. Mr. Chairman-- Set ever~ threadbare sail, The CHAIRMAN. Does the gentleman from New York yield And give her to the god of storms, to the gentleman from Pennsylvania? The lightning and the gale ! Mr. SULZER. Certainly. [Applause.] Mr. DALZELL. Do I understand that it is offered as a reso That gem, sir, from the pen of dear old Doctor Holmes did lution to be passed on ·by the committee? much in the long ago to save the day and preserve intact " Old Mr. SULZER. Not at all. It has just been read by the Clerk Ironsides." As I sat here to-day thinking about the cGntem for the purpose of giving the House notice of what I am going plated action of our present Secretary my memory went back to talk about. to that other time. It seemed like history repeating itself, 1\lr. DALZELL. Oh, all right. and I wondered if our Naval Secretary-poor benighted man Mr. SULZER. I introduced the resolution for the purpose of bad ever read that patriotic poem by one of America's most getting information from the Secretary of the Navy about the gifted authors. But no matter; suffice it now for me to say frigate Constitution and her proposed destruction. It is priv that from that day in the distant past down to the present ileged uuder the rules and will come up ere long in the regular more practical time no sacrilegious band ba.s ever been raised way. We do not know just :bow the old Constitution is to be to strike a blow against "Old Ironsides." [Applause.] shot to death, but if it is going to happen, I think the House is 1\ir. Chairman, this may be a practical age, but Americn.n entitled to have this infotmation from the Secretary of the sentiment is not dead, and it is well that there is enough left Navy. to arouse the people in protest against destroying in a most un Mr. DALZELL. All right. patriotic way the gallant old ship Constitution. If only a 1\Ir. SULZER. l\1r. Chairman, the patriotic people of the sentimental value is left of all her greatness, it is enough to countr·y were very much surprised a short time ago when they sa'e her, .and it is a very beautiful sentiment, and one· alto· read in the public prints t hat the Secretary of the Navy pro getber ci·euitable to the hearts of the American people. Tbis posed to destroy "Old Iron ides," the :flagship of Hull and sentiment fights our battles, wins our victories, and preserves Preble, of Bainbridge, and of gallant Charles Stewart, the grand our liberties. Sentiment--deep-rooted, patriotic sentiment-is father of Charles Stewart Parnell. The Secretary said, if the the· progressive life of every people, and I trust the day will reports in the newspapers are co1·rect, and I doubt not they are, never come in our land when it will slumber so souudly that an that this old frigate, the Constitution, now lying at Charlestown unsympathetic ae:t of vandalism can not arouse it to protest Navy-Yard, in Boston Harbor, was of no earthly use. and the and action and indignation. The doom o! the Republic will he best thing that could be done with her was to tow her out to sea knelled when American sentiment dies. So, sir,-I say that for and make her a ta1·get for A.i:nerican naval gunners to shoot to sentimental .and pah·iotic reasons the frigate Constitution must pieces. Think of it! Imagine, if you can, this official vandal not be destr·oyed. No act of vandalism must ever profane "Old ism! It shocked public sentiment. It aroused Anierican pa Ironsides." Her glorious ensign must never be hauled down. triotism. I can hardl.r belie\e it to be true, but if it is true I She is the most valuable relic historically, and the most price trust the Secretary of t he Navy bas heard the indignant remon less possession to-day, in the American Navy. No wonder the strance and the patriotic protest whieb has rolled into Washing pah'iotic people of New England, and elsewhere, were grieved ton from every part of the country, and that be will do nothing and shocked when they learned that the Secretary of the Nary, further in the matter. His action bas aroused the spirit of the in the .most matter-of-fact way, intended to have this historic nation. The Amel'ican people will ne\er consent to the wanton old ship 9f war towed o~t to se[t 11;nd shot at for a target desh·uction of the frigate Constitution; and, in fact, sir, I doubt shot to death with American gunpowder and by the Navy she if the Secretary of the Nary bas any authority to order ller made possible and did so much to embellish. But it shall never demolition. She belongs to the people of the United States, and happen-perish the thought-because I believe I voice the pa they will never sell ller or give her up; and the Secretary has no triotic feelings of all tr·ue Americans everywhere when I say more right to de troy her than be has to order the destruction we shall never give up the sbi~we shall never destroy "Old of ·this Capitol. I think that the Congress bas something to say Ironsides." [Applause.] about what shall be done or not done with the people's property, l\1r. ChairmaiJ., I am a friend o~ the Secretary of the Navy. and I hope the Secretary will refrain from further action in the I have no disposition to harshly .criticise that distinguished offi premises uutil this Congress can act in the matter. Her fate is cial. I think in this matter that he bas been, to say the least, in our hands. She can not be shot and sunk without our con indiscreet, and bas mistaken the patriotic sentiments which ani sent. We must stop this sacrilege. The venerable old frigate mate the American people, especially when some object of their Constitution should not be destroyed. She is sacred to the Amer reverence is assailed. Hence i£ believe it is only nece sary for us ican people, and as long as one of her timbers remains she to suggest to him that we are opposed to the destruction of this should never be demolished. She was launched in the harbor good old ship in order to preserve her as a common heritage for of Boston in 1707. Her story on the sea is American history, future generations. And that is for us to do-our work and our and time can not dim her greatness nor sully her glory. She duty. Let us then meet the expec-tations of the people of our belongs to Boston, and there let her rest in peace with the Stars country, and put into the naval appropriation bill a provision and Stripes floating from her masthead until she shall crumble that will carry a small annual a,ppropriation for the care and and rot away and be no more. [Applause.] the maintenance of this venerable old ship Constitution, and Once before, 1\Ir. Chairman-a long time ago, away back in that will end the doubts as to her future most effectually for all 1830--a certain former Secretary of the Navy also proposed the time to come. destruction of " Old Ironsides." Is the present Secretary of the And now, sir, I want to read another poem anent this matter. Navy familiar with that incident? Does he remember what then After I had introduced the resolution just read by the Clerk, happened? Has he forgotten tbe storm of protests, the white my dear old friend, the good gray poet of Washington, a son of heat of popular indignation, that aroused the people and stirred old Kentucky, and as gallant, as warm-hearted, and as· lovable the very depths of American patriotism? The p·eople then saved a man as ever lived-col. John A. Joyce-inspired by the sub ~ the Constitution and the storm of outraged popular sentiment ject as 'his prototype, Oliver Wendell Holmes, was on a former subsided; but at its height there came a flash of poetic light and similar occasion, dashed off the following poem and sent it nine, the inspiration of Oliver Wendell Holmes, who wrote this to me to read when this matter came up for discussion. I take poem on "Old Ironsides : " great pleasure in reading it: .Ay, tear- her tattered -ensign down I Spare, oh, spare, the Oonstitution; Long bas it waved on high, Grand old battle ship of ours. And many an eye has danced to see Let it live in song and story, That banner in the -sky. Festooned with the fairest .fiowers. Beneath it rung the battle shout Leave it as an object lesson And burst the cannon's roar To the children of this land, The meteor of the ocean air Teaching loyalty and valor, Shall sweep the clouds no more. Lessons they must understand. f)0_8 CONGRESSIONAL RECORD-HOUSEw DECEMBER 19, Hull and .Prebel, Bainbridge, Stewart, Mr. WILLIAMS. Then it can coine up to-morrow. ··Fired 'thy guns in battle roar, Slaughtered Albion's bravest sailors Mr. PAYNE. The proposition now is to have it read, subject Sunk and drove them from our shore. to objection. , Congress true 'and patriotic . Mr. CLARK of Missouri. Does that carry with it the request Will not let thy glory die ; for present consideration? . But be "target" for all praising Like the stars in yonder sky. Mr. HEPBURN. Not until after it is read. Mr. ·PAYNE. The gentleman from Missouri [Mr. CLARK] and Once you fought on stormy ocean, " Target " for the tyrant foe ; myself misunderstood it. Must "Old Ironsides" be shattered, Mr. SULZER. It is to be read for information only. Friendless in its age and woe? · The SPEAKER. Is there objection to the reading of the No! L-et it. shine in Boston Harbor, report? · Down the ages, by the sea ; Veteran of our naval glory There was no obj'ection. Emblem of our liberty! The conference report was read. The conference report and [Loud applause.] statement are as follows: Mr. Chairman, all honor. to Colonel Joyce. He is now, an ~ng the use of the moneys received in the ordinary course· of In Une 6, before the word "expenses," insert the words "the funeral." business and from the operation of the Panama Railroad and In lines 6 and 7 strike out the words " his last illness and burial "· property and rights appertaining thereto in defraying the ex and insert the words "said Isa Black." · penses of such operation and maint_enance without being cov- The amendments were agreed to. ered into the Treasury of the United States. - The resolution as amended was _agreed to. The Senate recedes from its amendment to the title of the bill. DANIEL P. IDCKLING. . W. P. HEPBURN, Mr. CASSEL. .Mr. Speaker, I have another privileged report SERENO E. PAYNE, L. F. LIVINGSTON, of the same character from the Committee on Accounts. Managers on the part of the House. The Clerk read as follows : House resolution No. 87. Resolv ed., That the Clerk of the House is hereby directed to pay, mit The SPEAKER. The gentleman now asks unanimous con of the contingent fund of the House, to Sarah A. Hickling, widow of sent for the present consideration of the conference report? Daniel P. Hickling, late locksmith of the House of Representatives, a · Mr. HEPBURN. Yes. sum equal to six. months' salary as locksmith, and a further sum, not exceeding $250, to defray the expenses of the last Hlness and funeral l\Ir. WILLIAMS. l\Ir. Speaker, I suggest that the matter of said Daniel P. Hickling. · take the usual course. It will come up to-morrow morning, when the conference report is printed and in the hands of. The-following amendments recommended by the Committee on everybody. Accounts were read: Mr. HEPBURN. I would say that there is no material In line 5, after the word '' the " where It first occurs, insert the word "funeral." change in the bill from the form in wllich it passed the House. In lines 6 and 7 strike out the words "the last illness and funeral The substance of it is nearly the same. of." Mr. WILLIAMS. I have no idea that I shall make ~ny ob The amendments were agreed to. jection to its consideration to-morrow. The resolution as amended was agreed to. Mr. HEPBURN. There is a desire to get this matter fin ished, so that the funds can be moved down to the Isthmus as CLERK TO COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE. soon as possible. They are needed there. Mr. CASSEL. Mr. Speaker, I present the following resolu- Mr. WILLIAMS. I think the gentleman will agree that going tion from the Committee on Accounts: over until to-morrow will not hurt anything. The Clerk read as follows : · FRED M. CAMPBELL. House resolution No. 80. Resolv ed, That the chairman of the Committee on Interstate and Mr. CASSEL. Mr. Speaker, I desire to offer the following Foreign Commerce be, and he is hereby, authorized to appoint an addi tional clerk to said committee to serve during the sessions of the Fifty; privileged report from the Committee on Accounts. ninth Congress, at the per diem compensation which in the aggt·egate The Clerk read as follows : shall equal the sum paid session committee clerks whose employment is House resolution No. 41. provided for by law. . Resolv ed, That the Clerk of the House is hereby authorized :md di Mr. CASSEL. I will say, Mr. Speaker, that this is not an in rected to pay to the widow of Fred M. Campbell, late a messenger, Doorkeeper's. department of the Hous.e of Representatives, a sum equal crease in the force of this committee. As I understand it, it is to six months' pay at the rate of compensation received by him at the the same amount that they had last year. time of his death; and further sum, not exceeding $250, for funeral ex The SPEAKER. The gentleman asks unanimous consent for penses, said amount to be paid out of the contingent fund. its present consideration? The following amendments reconimended by the committee Mr. CASSEL. If it is not a privileged re_port. were read: 'l'he SPEAKER. It does not provide for payment from the In line 5, after the word "and," insert the article "a." contingent fund of the House. . In line 7, after the word "expenses," insert the words "of said Fred M. Campbell." Mr. WILLIAMS. Mr. Speaker, pending unanimous consent, In line 7 strike out the word " amount" and insert the word I would like to ask the gentleman if this is a unanimous report "amounts." of the committee? Mr. PAYNE. I would like to ask the gentleman if this is the l\Ir. CASSEL. It is, .and I think all the minority members usual amount paid to employees? were present this morning. · Mr. CASSEL. This is the usual amount and the usual form Mr. WILLIAMS. I have no objection. in which payment is made to the employees of the House who The following· amendment. recommended by the Committee on have died. Accounts was read, as follows : The amendments were agreed to. In line 5, after the word " compensation," insert the words " of six The resolution as amended was agreed to. ~dollars." The amendment was agreed to. HENRY ROBINSON. The resolution as ·amended was agreed to. l\Ir. CASSEL. Mr. Speaker, I also offer another privileged report of the same character from the Committee on Accounts. JANITOR TO COMMITTEE ON ENROLLED BILLS. The Clerk read as follows : Mr. CASSEL. Mr. Speaker, I present the following privi House resolution No. 59. leged resolution, which I send to the desk and ask to have. read. R esolv ed, That the Clerk of the House is hereby authorized and di The Clerk read as follows : rected to pay to the widow of Henry Robinson, late disbursing clerk o! Resolv ed That the chairman of the Committee on Enrolled Bills is the House of Rept·esentatives, a suni equal to six months' pay at the hereby authorized to appoint a janitor to said committee room and to rate of compensation received by him at the time o! his death, and a the engrossing room of the House, to be paid out of the contingent further sum, not exceeding $250, on account of expenses of .his last fund of the House, at the rate of $60 per month, during the present illness and his burial, said amounts to be paid out of the contingent Congress, until otherwise provided for by law. fund. The SPEAKER. The question is on agreeing to the resolu The following amendment recommended by the committee tion. was read: · - The question was taken, and the resolution was agreed to. In line 7 strike out the words " his la-st illness and burial " and insert the words " the funeral expenses of said Henry Robinson." LABORER IN LADIES' RECEPTION ROOM. The amendment was agreed to. Mr. CASSEL. l\lr. Speaker, I present the following privi The resolution as amended was agreed to. leged r~solution, which I send to the desk and ask to have read. The Clerk read as follows : ISA BLACK, Resolv ed, That the Doorkeeper of the House be, and he is hereby .Mr. CASSEL: .Mr. Speaker, I offer the following report from empowered to employ a laborer in the ladies' reception room at a the Committee on Accounts. salary of $75 per month, to be paid out of the contingent fund of the The Clerk read as follows : House, and for the session only. House resolution No. 106. The Clerk read the following committee amendments: R esolved., That the Clerk of the House is hereby authorized and dl· In line 3 strike out "seventy-five" and insert "sixty." rected to p·ay to the widow of Isa Black, late a doorkeeper of the House In line 4 strike out the word "and." of Representatives, a sum equal to six months' pay at the rate -of com In line 5 strike out the words " the session only " and insert the pensation received by hitn at the time of his death, and a further sum, words "sessions of the Fifty-ninth Congress;" so that it will read: not exceeding $250, on account of expenses of his last illness and his "At a salary of $60 per month, to be paid out of the contingent fund burial, said amounts to be paid out of the contingent fund. of the House for the sessions of the Fifty-ninth Congress." The following amendments recommended by the committee · Mr. WILLIAMS. - Is this the usual resolution? were read: Mr. CASSEL. This is. a. new appointment, to take charge In line 3 strike out the word "doorkeeper". and insert. the. word of the new room which has !>een established on the minority "messenger." side of the House. · · · XL-39 610 CONGRESSIONAL RECORD-HOU.SE. DECEMBER 19, · Mr. WILIJIAMS. Is this an additional Cler1t to the force OOTr1dors about -:this Capitol. This is :an entering wedg.e and carried 1ast year? 1: am astounded that any eight .men from one committee should Mr. CASSEL. No; it is a new j.a.nito:r to take charge of the be able to ·come :in ·he1·e with .a unanimous report in· favor of new room which has been established on the other ·side of tbe such an absurd pre!position. Why, 1\f.r. Speaker, 1 would mvite building as the ladi~ .reception r<>om. ~e Members of !he. House t? go out and see just where they, Mr. FITZGERALD. Is this janitor to take care of this hall Wish to place a Jamt-or. It 1s about ·20 ·feet from· the door of way out here in which there bave been some chairs put? I the Ho~se to the outside door of the Capitol. There are, as I think I shall object, Mr. Speaker. have srud, .perhaps .8. .half dozen chairs and a table there, and The SPEAKER. The Chair will state ·that it 1s a privileged to take ·care of that reception room it is proposed to put a resolution. The amount is payable from the contingent fund, janit-or on t:be rollB of this House at the rate 6f $60 a month. which renders the resolution privileged. I am not posing here as a rigid economist, yet I do not wish to Mr. WILLIAMS. I would like the gentleman to explain to be put in the position >Of ·being an "absnrdist," if 1 can co1n the House the necessity for the new rule, if it is a new rule, and that wo.rd, and !l hope that the House in the exercise of an intel the .additional force, if it is 'RD a~tional force. ligent discrimination will vote down this resolution. [Ap Mr. "CASSEL. Mr. Speaker, I understand that the room has plause.] · been ordered equipped .as a place where Members can receive Mr. ·CASSEL .and Mr. MANN :rose. ~isitors who 'Come here from time to time "to ·see them on busi .Mr. MANN. Will fhe gentleman 'Yield :J ness, and that it is especially a place where iadies can wait until Mr. CASSEL. Yes. a Member can see them. · Mr. MANN. Mr~ Speaker, ·I am very much surprised at the l\fr. WILLIAMS. Where is the room? · base ingmtitude of the wlnority side of the .House. The House Mr. CASSEL. It is directly beyond that door in the lobby. . sets apart a receiving room .for tbe benefit of the minority and Mr. WILLIAMS. Oh, is it this .hallway right here? the .membei"s .of the majm·ity are required to see their friends in Mr. CASSEL. Yes; the llallw.ay there which has been the hall, with no ·chairs and no table-- fitted up. . Mr. :CLARK ·of MissourL And no janitor. ~f.r. WILLIAMS. Ever since I have been here peo_ple ha\e .l\lr. MANN. But through "the magnanimity .of .the Honse aent in cards from there, ladies bave come there when thev controlled by the majority we set apa:rt a corridor tables and wanted to, and they have been received there. It seems to me ·chailrs, wil:Jl opportunity for ;people to sit down, and ·then these it is unnecessary to have a janitor in a hall where Members go people, when we wish to keep it clean, decline to :ha.'Ve the :place out to see people who send in their cards to them. kept clean. [Laughter.] The majority .aide of the House would Mr. CASSEL. Well, the room must be takoo c·are of, and be glad for .any .opportunity to receive their friends without it bas been recommended by the Doorkeeper of the House .as a standing up 'in the hails, ·but the minority, I regret to say, eem necessity, and was so presented to the Oommittee at its hear to be full of ingratitude at the magnanimity which we display. ings. [Laughter.] I have no doubt it is only the enterprising minor Mr. WILLIAMS. . What is there necessary "to ·be done there ity who believe in kee_ping this 'place in good order out here. in order to take care · of this hallwaY'? It has always been W.e give yo:u the best we !have got, and still you kick:. [Laugh- swept -up 1llld kept in :order since I ha-ve been here without any tel· ·and ·a;pPJause.] · additional janitor. 1\fr. FITZGERALD. Will the .gentleman yleld just a mo 1\f.r. DASSEL. Well, I am doubtful whether the room has ment! been kept in proper condition for the visiters "Of the House to Mr. CASSEL. 'Certainly. wait in ~rom time to time, and "it is nothing more than is cus Mr. FITZGERALD. :1\ir. ·Speaker, when I was a boy I · was tomary in every <>ther Toom in the House w'hich has been very familiar with a motto which hung on the wall <>f many equipped· for that purpose. homes. It was "Goa bless .our home."· Recalling that, I think Mr. WILLIAMS. Is it not a fact that .about the only change . we might properly say in Teply to the gentleman from Illinois, made is to place a table 'there and a few cbairs? · "God 1bless the magnanimity -of the majoo:tty of this Rouse." 1\f.r. CASSEL. I suppose it is; but there are more people [Laughter.] gathermg there at the present "time than there were former-ly, Mr. WILLLL"\fS. Mr. :Speaker, one IDore innocuous obser because they know it is a waiting place. vation, suggested by the gentlermm from Illinois. If this were Mr. WILLIAMS.. 1\f.r. Spealrer, I would ask the gentleman if a corridor ·p-rwrided fuT the use -:of the majority of the House this is the ummimous report of the committee? instead ·of the minority, then, judging by r.ecent political his Mr. CASSEL. It is the unanimous "Teport o! the committee. tory, we could understand just precisely why it was str·ictly Mr. WILLIAMS. Was the committee fully attended when it necessary to have somebody on the pay roll to keep it clean was reported? [laughter and applause]; ·but tliis is :a corridor for the minor Mr. CASSEL. Fully attended. I think there were eight ity, which can very well :take .care of itself without this spe members of the committee present at the meeting this morning, cial cl.eaning .service. As long as I bav.e been hei·e ladies and it was ·conSider-ed -very .carefully nnd ·reported upon favor have oome here, Members have gone out to see them, and there ably by all of the members of the committee. never was this special janitor 'before, and I 'ha\e never noticed It 1\Ic. FITZGERALD. Mr. Speaker-- anything out of order there. seems to me that this "is an The SPEAKER. Does the gentleman yield? unnecessary appropriation, but :at ·the same time, if the spirit Mr. ·CASSEL. Oerta.in.ly. , of the appropriation be as tlie ·gentleman from I.Jlinois has 1\Ir. FITZGERALD. Mr. Speaker, I ·think the House ought indicate~ I do ·not know but what it would be worth the am '"". 1905. CONGRESSIONAL RECORD-HOUSE. 61.1 The Clerk read as follows : The SPEAKER. The question is on agreeing on the resolu R esolved, That the Clerk is ordered to employ a stenographer to as tion. sist the Journal Clerk, at a compensation not exceeding $75 per month, · The resolution was agreed to. during the sessions of this Congress. With the following amendment: In line 2, after the word "Clerk," STENOGRAPHER TO COMMITTEE ON REVISION OF THE LAws. insert the words " out of the contingent fund o~ the House untll other wise provided tor by law." Mr. CASSEL. Mr. Speaker, I have another resolution. Mr. TAWNEY. Mr. Speaker, I desire to ask the gentleman The Clerk read as follows : from Pennsylvania, the chairman of the committee, if the pres Resolved, That the chairman· of the Committee on Revision of the ent law does not prevent the payment of any salary out of the Laws is hereby authorized to appoint a stenographer to said committee, to serve during the Fifty-ninth Congress, whose compensation shall be contingent fund of the House? $6 per diem. 1\Ir. CASSEL. Well, I would say that there is a difference of With an amendment, in line 5, after the word " the," to insert the opinion as to the meaning of that law, as to whether one Con words " sessions of the." gress can control a contingent of another Congress, and that Mr. CLARK of Missouri. I wish to ask the chairman of the will be up to the officials of the Treasury Department to decide. committee if this comm.ission to revise the laws is a perpetual Mr. TAWNEY. The appropriation for the contingent fund body or not? of the House for the present fiscal year expressly provides that Mr. CASSEL. It is a committee which has been appointed by no part of it shall be used for the payment of salaries. I do the House. not lmow anything about the necessity for the employment of Mr. CLARK of Missouri. Is it a House committee? this clerk, but I think that provision of the law is binding upon Mr. CASSEL. It is a House committee. this House. I know that no resolution of the House can either Mr. CLARK of Missouri. I thought it said the" commission." expressly or by implication repeal any existing law. Of course Mr. ·CASSEL. No, sir. the House has it in its power to provide the compensation for Mr. PAYNE. I would like to know what business that com any persop. ' whose employment it authorizes. But that is the mittee has before it this session. It is not usually overbur law, and it expressly provides that no part of that contingent dened with work. fund shall be used for the payment of salaries. Mr. CASSEL. I am told that they intend to take up and 1\Ir. PAYNE. If that is the law, why would not it take away codify all the laws. the privilege of these resolutions to pay salaries out of the con Mr. TAWNEY. As I understand it, that commission has not tingent fund of the House, and make it a rna tter of unanimous yet made its report. consent, at least? Mr. CLARK of Missouri. That is what I wanted to find out 1\Ir. CASSEL. 1\Ir. Speaker, as I said before this is a mat when it is going to make its report. ter which will have to be decided by· the Treasury Department Mr. TAWNEY. I am told that it is going to make its report as to the meaning of the law. There have been two or three dif some time during this Congress, but it has not yet been made. ferent decisions given from time to time. The majority would Mr. CASSEL. I will call on the gentleman from Pennsyl say that no Congress can control a succeeding Congress in the vania [Mr. MooN] to more fully answer concerning the matter. expenditure of their contingent fund. Mr. MOON of Pennsylvania. Mr. Speaker, with reference to Mr. DALZELL. I would like to ask whether or not this is a that, the statement of the gentleman from Minnesota is true, new officer? that the entire report has not yet been made by the commission. 1\Ir. CASSEL. The gentleman from Illinois [Mr. MANN] can We have held two sessions of the committee, one of them this answer that question. It is not a new position, as I understand morning, and members of that commission have been before the it, at all. committee at both sessions, and they told us that the completed The SPEAKER. Does the gentleman from Pennsylvania ask report, the substantive law or the civil code, will be ready some unanimous consent to consider this resolution? time during the early spring, but that two sections of the law, 1\Ir. CASSEL. Yes; if necessary I ask unanimous consent. to wit, the penal code and the judiciary code, are now ready to I do not believe it is necessary. report. There has been presented to our committee in the past The SPEAKER. Is there objection? these two codes, and bills have been presented here for consider There was no objection. ation, but no time has ever yet been allowed for that purpose. The SPEAKER. The question is on agreeing to the amend The important and responsible duty is imposed upon us at this ment. time to present these bills. The amendn1ent was agreed to. Now, we already have before us, practically in the form of a The SPEAKER. The question is on agreeing to the reso bill, the judiciary code and the penal code. These require ex lution as amended. amination and a large amount of work on the part of this com The resolution as amended was agreed to. mittee. It is not necessary for me now to occupy the time to tell you or to go into all the details, but the work is all of great SESSION CLERKS TO COMMITTEES. importance. 1\.fr. CASSEL. 1\Ir. Speaker, I also offer another report from It has been reported, and we must verify it all ; we must pass the Committee on Accounts. upon it, examine it, and probably draw new sections and amend The Clerk read as follows : it to a very important extent. This is the present work of the R esolved, That clerks to committees of the House during the session, Committee on the Revision of the Laws, and I think no commit provided tor by the legislative, executive, and judicial appropriation tee ()f the House can have a larger amount of work devolving bill tor the fiscal year ending June 30,' 1906, be, and they are hereby, allowed and assigned for the present Congress to the following com upon it at the present time than has this committee. mittees, namely : Mr. CLARK of Missouri. I want to ask the gentleman from To the Committee on Coinage, Weights, and Measures, a clerk. Pennsylvania a question. Now, this Comm'ission to revise the To the Committee on Education, a clerk. To the Committee on Enrolled Bills, a clerk. laws is nothing but a codification commission, is it? To the Committee on Immigration and Naturalization, a clerk. 1\Ir. MOON of Pennsylvania. Well, it is practically a codifi To the Committee on Irrigation of Arid Lands, a clerk. cation committee, and at the same time it is something very •ro the Committee on the Militia, a clerk. much more. To the Committee on Mines and Mining, a clerk. To the Committee on Patents, a clerk. Mr. CLARK of Missouri. It is not a legislative committee? To the Committee on Railways and Canals, a clerk. Mr. MOON .of Pennsylvania. Only in the sense ttat where To the Committee on Reform in the Civil Service, a clerk. the law has. been changed and where an amendment is neces To the Committee on Invalid Pensions, an assistant clerk. sary to the law in order to make a complete law the duties The SPEAKER. The question is on agreeing to the resolu of this Commission require it to make those amendments and to tion. report new enactments when necessary for that purpose. Mr. SMITH of Kentucky. Mr. Speaker-- Mr. CLARK of Missouri. Wait a minute now. The SPEAKER. Does the gentleman from Pennsylvania Mr. MOON of Pennsylvania. Permit me to answer. [l\fr. CASSEL] yield to the gentleman from Kentucky [Mr. Mr. CLARK of Missouri. An amendment necessary in your SMITH]? ' opinion? Mr. CASSEL. Certainly. Mr. MOON of Pennsylvania. Or in the opinion of the Com Mr. SMITH of Kentucky. I would like to know if any of mission. I can not go into details. But there are numerous these are new positions that are being created? cases where the laws have been abrogated or rescinded, and Mr. CASSEL. These are exactly the same appointments that . there does not exist a coherent scheme of law on that subject were made'a year ago by the House, and to the same committees. That omission has frequently been found, and the Commission These eleven clerks are provided for by law, and the Commit consider it their duty, where this condition exists, to supply all tee on Accounts have the awarding of them to the different com such omissions, and there were a great many of them, I can mittees. The committees have followed the precedent of the assure the gentleman, in the report thus far made. last year's committee~ Mr. CLARK of Missouri. Now, when your committee goes 612 CONGRESSIONAL RECORD-HOUSE. DECEMBER 19, to work on this report of the revisionists, if that is the proper absolute responsibility of this matter upon our shoulders, with term, then you revise their work, do you? the 'understanding that otherwise there would be a bill intro Mr. MOON of Pennsylvania. Well, we must examine it, pass duced to aboli-sh this revisory Commission. upon it, and revise it before we can bring it to the House for ' Mr. MANN. May I ask the gentleman a question? consideration. Mr. MOON of Pennsylvania. Yes. Mr. CLARK of Missouri. Then Congress bas got to go to Mr. MANN. The gentleman is aware, I suppose, that the work to reenact this whole busiriess, bas it? House provides a cm--ps of committee stenographers, some one of Mr. MOON of Pennsylvania. There is. no other method by whom will be at the service of the gentleman's committee at which this work can be done. almast any time. Mr. CLARK of Missouri. Then I would like to know what Mr. MOON of Pennsylvania. I am not aware of that. I will was the sense .of appointing this Commission at all. say in response to the gentleman that I have not had sufficient Mr. MOON of Pennsylvania. In reply to the gentleman from experience here to know that fact. Most of you know that this Mt souri, I would say that it does not seem to me that it would is my first experience as a committee chairman. be possible for a committee of this House to have ever pel"- Mr. MANN. I think every Member of the House is perfectly formed the voluminous labor that has devolved upon this Com- willing to give tbe gentleman's committee every opportunity to mission. There has been no revision of the laws since 187'1, make a report upon the revision of the laws. The gentleman or, to be more accurate, since 1878. In 1874 there was a revi- proposes to have a stenographer to the committee at the rate of sion, but that revision was so incomplete and so imperfect that $6 a day. it was suppressed. There were found to be hundreds of mis- Mr. MOON of Pennsylvania. Yes.. takes, and a commissioner, Mr. Boutwell of Massachusetts, was Mr. MANN. The House now pays its committee stenogra- appointed to revise the revision, and therefore .the revision of pbers at the rate of $5,000 a year, I believe, and they ought to 1878 practically took the place of the suppressed revision of be better stenog1.·aphers. 1874, because the work was not thoroughly done by the Com- Mr. MOON of Pennsylvaniaw I did not understand that they mission, not exhaustively examined by the committeer and not were available for this work. carefully scrutinized by this House. Mr. MANN. Th~re are four committee stenographers. Mr. SMITH of Kentucky. I s:qould like to ask the gentleman Mr. MOON of Pennsylvania. I submit to the gentleman's a question. superior knowledge. Mr. MOON of Pennsylvania. Certainly. · Mr. MANN. And these gentlemen are at the disposition of Mr. SMIT.d of Kentucky. This revisory commission submits the committees of the House. ·I dare say the gentleman would its report by chapters to your committee, does it not? have no difficulty at all in having one of these stenographers . Mr. MOON of Pennsylvania. The bill requires it to submit · at his service almost any time, both dul'ing the ses ions of the its report as a. whole, unfortunately. It never has submitted Hou e, if his committee has leave to sit, and before the ses ion chapters. If the gentleman will permit me to answer, it bas of the House commences any day. Now, of course, if the gentle submitted two titles, that upon the penal code and that upon the man's committee needs an extr~ clerk, that is another thing, judiciary code, but the bill really requires it to be presented but so far as the work of a stenographer is concerned, the gen as a whole. · tlemen of this committee can do what the other committees of 1\Ir. SMITH of Kentucky. The law creating the revisory the House do, send word downstairs that they want a commit- commission? tee stenographer, and tbey will get one. Mr. MOON of Pennsylvania. Yes. Mr. TAWNEY. Mr. ·speaker, the gentleman from Illinois 1\Ir. SMITH of Kentuch."Y. Now, they submit their report in knows full well that the committee stenographers are employed typewriting to your committee, do they not? by various committees having hearings before them, and they Mr. MOON of Pennsylvania. N-o; in print. are constantly engaged from the beginning to the close of the .1\fr. SMITH of Kentucky. In print. Then your committee :session, and if this committee, in the codification or making proposes to take that up chapter by chapter and go over it? up of the report they are required to make up, need a stenog- Mr. MOON of Pennsylvania. Yes. rapber, the committee stenographers being otherwise engaged, Mr. SMITH of Kentucky. And you will make your report, as they would have to bring in some one from the outside, and the I suppose, to the House by chapters. Is that the purpose? expense would be a. great deal more than to employ a regular Mr. MOON of Pennsylvania. No; by titles, really. We are stenographer. going to make it as a whole; but it would be impossible ever to Mr. :MANN. Oh, my distinguished friend, the cha.innan of the usk this House to sit continuously to consider 10,000 sections of Committee on Appropriations, assumes that the committee the law, which there will be in this complete report. Therefore, stenographers are busy all the time. That is a violent as~ump it is our purpose now to bring in first the title of the penal code, tion, and is not the case. which will cover something short of 500 sections; secondly, the . Mr. PAYNE. I think the Committee on Ways and Means title of the judiciary. That is the present plan; not by chap- about half the time has an outside stenographer, becau. e the ters, but by titles. committee stenographers claim to be busy when we send for Mr. SMITH of Kentucky. Now, I want to ask you this addi- them. tional question: Has your committee a clerk and a stenographer 1\Ir. 1\IANN. I have often defended these stenographers on the already? fioor of the House when the gentleman from Minnesota and the Mr. MOON of Pennsylvania. It has a clerk, but not a ste- gentleman from New Yo1·k were attacking them. We frequently nographer. have two of these stenographers in our committee at the same Mr. TAWNEY. A session clerk or an annual clerk? time, and if they are so busy it seems to me that we might get 1\Ir. MOON of Pennsylvania. An annual clerk; and the duties along with one i~stead of having two reporting the same thing of that clerk are serious. We propose to divide that committee at the same time. into subcommittees, as you can readily undet-stand we must do. 1\Ir. PAYNE. Well, that may account for it; there mny be The clerk that I have to that committee is a lawyer, and I hope two stenographers in the room of the Committee on Inter tate to get a great deal of aid and assistance from him in comparing and Foreign Commerce, and when we want one in the Committee the revision with the existing · Jaw. He will be expected to on Ways and Means we have to- take an outsider. I know that render service to these subcommittees whenever such ervice is the bills before our committee are simply enormous for outside required. It seems to me that in the progre s of this work the work. I think these bills would pay 6 a day for a long time committee needs the as istance of a stenographer. for a stenographer for this committee. As far as this com- 1\Ir~ Sl\IITH of Kentucky. I beg to- submit this additional mittee is concerned I think it is a question whether they need remark, that I have very considerable apprehension that the this additional clerk at the present time. It is not for what work of your committee will not be o- great as you now think they have now, but what they expect and hope to have in the it will be, because I apprehend that the revisory commission is future. I do not see why this thing should not go over until not going to dump very much down on you before this session they get that large number or chapters from the commi ion of Congress adjourns. for consideration before that committee, and then if they need Mr. MOON of Pennsylvania. Well, we had an assurance this the additional clerk the House will vote for it. morning from the Commission of an early report. We have had Mr. MANN. Will not the gentleman pardon me? Doe not them before us twice, and I want to say on behalf of the commit- the gentleman from New York think that the Committee on tee that we have been very imperative in demanding of them Ways and Means is likely to have more use for a tenographer speedy action. than the Committee on the Revision of the Laws? 1\.Ir. SMITH of Kentucky. We have been having it a good Mr. PAYNE. I think so. So far as the Committee on Ways while now. and Means is concerned, I think it would be cheaper for the 1\lr. MOON of Pennsylvania. We are not unmindful of the Hem to employ one at 6 a day than to pay the bills that fact that this Congress at its last sessioll practically placed the we have to pay. 1905. CONGRESS! ON AL RECORD-HOUSE. 613 . Mr. MOON of Pennsylvania. Mr. Speaker, I want to say to needs it; ·but if we are ever going to have a revision of those the gentleman from New York, respecting the work now before laws I want it in this Congress, and I want the revisers, if that the committee, while, strictly speaking, there is not any re is the proper title to give them, to be restricted to the simple port before the committee, but conscious of the important office of codificaion. They may be great lawyers, but they are amount that will come before it immediately after the holidays, not legislators. They were appointed to find out what the laws we are proceeding to examine the previous reports presented are and to get them together in a convenient form, so that peo by the Commission, particularly upon the subject of the penal ple can consult them conveniently and expeditiously, and if they statutes that was before the last committee. We have bad go on in the way they have been going they will succeed each the assurance of the Commission that very few changes have other in perpetuity and that committee on revision will last as been made in it, only supplying a few omissions and bringing long as the Congress of the United States la ts. Unless they it down by incorporating the laws passed at the last Congress, bring in that revision before. this session closes, I intend to and therefore we are at present at work-- move that they be discharged and their salaries be cut off. 1.\Ir. FITZGERALD. I would like to ask the gentleman a 1\Ir. WILLIAMS. Why, Mr. Speaker, I understand there was question. What is the..... stenographer going to do? · an agreement last Congress that that course would be taken if Mr. MOON of Pennsylvania. When four subcommittees are they did not report. at work going over the matter reported to the committee, 1\fr. 1\fOO.N of Pennsylvania. That is true. I may say that amendments will be suggested, and there may be considerable when we came in here at the last session of Congress-some dictation to that stenographer. There will be practically four one from our committee, I think the gentleman from Kentucky committees at work at the same time. [Mr. SHERLEY]-to ask that the Commission be permitted to Mr. FITZGERALD. The gentleman's committee is going to report the three portions of the law at the same time, viz, the receive a revised title from this Commission upon which the penal code, tbe judiciary title, and the civil code, this House members of the Commission have spent a number of yeai·s' work. then raised that question. All that the gentleman from Mis Does his committee then intend to hold bearings? souri [1\fr. CLARK] has so well said was said then. I have no Mr. MOON of Pennsylvania. Not hearings in the sense of argument to make against his reasonable demand. The agree bringing witnesses before it, but a careful examination of all ment was entered into, or the statement was made, that unless the work, and an examination of the p1·evious statutes, and an that Commission were prepared to report during this session examination of all the changes and amendments that are pro and, indeed, I think they said the earlier part of this session~ posed, and an examination of new law that is submitted will a bill would be introduced abolishing the Commission ; and I involve considerable labor and dictation. only want to say that the Committee upon the Revision of tlle Mr. FITZGERALD. It seems to me that what the committee Laws, mindful of this injunction of the House, have had that needs is a good lawyer and not a stenographer. Commission before them twice already and have stated in no Mr. MOON of Pennsylvania. Oh, we are vain enough to uncertain terms their intention to put into force that pledge think that we have one or two of them on the committee. that was made to the House. [Applause.] [Laughter.] The SPEAKER. The question is on agreeing to the amend 1\::lr. FITZGERALD. Mr. Speaker, I want to call attention to ment to the resolution. this fact I do not recall how long the Commission has been in The question was taken ; and the amendment was agreed to. existence, but last .July a well-known law-book concern issued The SPEAKER. The question now is on agreeing to the an invitation to Members of Congress to purchase a set of the resolution as amended. Federal Statutes, revised and annotated. Has the. gentleman The question was taken ; and the resolution was agreed to. from Pennsylvania any knowledge of how this law-publishing COUNCIL CITY AND SOLOMON RIVER RAILROAD COMPANY. concern was able to get this out so quickly while our Commis 1\Ir. BRICK. 1\fr. Speaker, I ask unanimous consent for the sion has been dragging al-ong for so many years? present consideration of the bill (H. R. 99) to aid the Council Mr. MOON of Pennsylvania. I do not think the gentleman City and Solomon River Railroad Company, which I send to the expects me to answer that question. Of course I have .no knowl desk and ask to have read. edge. and do not know to what revised edition the advertisement The Clerk read the bill in full. alludes. The SPEAKER. Is there objection? Mr. CASSEL. Mr. Speaker, I call for a vote on the proposi Mr. :McNARY. I object. tion. The SPEAKER. The gentleman from Massachusetts ob The SPEAKER. The question is on agreeing to the ·amend jeets. ment. ADJOURNMENT. Mr. CLARK of Missouri. Mr. Speaker-- Then, on motion of Mr. PAYNE (at 4 o'clock and 58 minutes The. SPEAKER. The gentleman from Pennsylvania [Mr. p.m.), the House adjourned until to-morrow, at 12 o'clock noon. CAssEL] has the floor. Mr. CLARK of Missouri. I know, but what is it he is trying to do? EXECUTIVE COMMUNICATIONS. The SPEAKER. To get a vote. Under clause 2 of Rule XXIV, the following executive com Mr. CLARK of Missouri. I would like to say a word about munications were tal\:en from the Speaker's table and referred this subject of the revision of the laws. as follows: The SPEAKER. Does the gentleman yield? A letter from the Secretary of the Treasury, transmitting a 1\Ir. CASSEL. I will yield .for a short time. I am in no copy of a communicatioli from the Secretary of War submitting burry myself, but there is other business before the House. an estimate of appropriation for batteries at Guantanamo Bay, Mr. CLARK of Missouri. I either want the time now or want Cuba-to the Committee on Appropriations, and ordered to be this thing to go over until morning. printed. Mr. CASSEL. How much time does the gentleman want? A letter from the Secretary of the Treasury, transmitting a Mr. CLARK of Missouri. I do not want over five minutes. copy of a communication from the Secretary of War submitting 1\fr. CASSEL. I will yield the gentleman five minutes. a supplemental estimate of appropTiation for the National Home Mr. CLARK of Missouri. 1\fr. Speaker, I do not believe that for Disabled Volunteer Soldiers-to the Committee on Appropri4 Congress eve.r intended that the men who were appointed to ations, and ordered to be printed.. revise the .laws-and I am not talking about this: committee of A letter from the Secretary of the Interior, submitting a draft the House-should ever resolve itself into a legislative body. of a legislative provision relating to the sale of down timber All that Congress ever intended that those three distinguished and bay in the Chippewa, of the former Indian reservation in gentlemen, drawing $5,000 a year each for nine years, should do Minnesota-to the Committee on Indian Affairs, and ordered to was to codify the laws of Congress, and at the rate they are go be printed. ing now we will die of old age before we ever get a codification A letter from the Secretary of the Interior. transmitting the of the laws. Another thing. If they come in here and report a report of the astronomical investigation of the Texas, New Mex lot of new laws, and then the committee of which my friend the ico, and Oklahoma boundary lines-to the Committee on tlle gentleman from Pennsylvania [Mr. MooN] is chairman is to go Public Lands, and ordered to be printed. through those laws and report them back to the House and we A letter from the Secretary of War, transmitting, with a let have then to consider every one of them, you could not read ter from the Chief of Engineers, report of examination of tlle those 10,000 sections in this House to save your life in two ses Sacramento and San Joaquin and Feather rivers, California sions of this Congress. So we are just exactly now where we t() the Committee on Rivers and Harbors. and ordered to be were in February, 1897, when Congress passed the law to ap printed. point these three rey-isers to draw $5,000 a year each for the A letter from the Secretary of War, transmitting, with a let purpose of codifying the laws. ter from the Chief of Engineers. report of the_Mississippi River I do not mind giving this committee this stenographer if it Commission and a board of engineers of a survey of a 14-foot 614 CONG~ESSIONAL RECORD-HOUSE. DECEMBER 19, watenvay Jy:om Locl{port, Ill., to St Louis, Mo.-to the Com erection of a public -building -at Indiana, Pa.-to the Committee mittee on Rivers and Harbors, and ordered to be printed, with on Public Buildings and Grounds. . iiiustrations. Also, a bill (H. R. 9314) for the erection of a public building at Clarion, Pa.-to the Committee on Public Buildings and REPORTS OF COMMITTEES ON PUBLIC BILLS AND Grounds. RE30L UTIONS. Also, a bilf (H. R. 9315) for the erection of a public building Under clause 2 of Rule XIII, bills and resolutions of the fol at Kittanning, Pa.-to the Committee on Public Buildings and lowing title5 were severally reported from committees, delivered Grounds. to the Clerk, and referred to the several Calendars therein Also, a bill (H. R. 9316) for the erection of a public building named, as follows : at Brookville, Pa.-to the Committee on Public Buildings and Mr. BABCOCK, from the Committee on the District of Co Grounds. lumbia, to which was referred the bill of the Senate ( S. 71) Also, a bill (H. R. 9317) for the erection of a public building requiring the Commissioners of the District of Columbia to at Punxsutawney, Pa.-to the Committee on Public Buildings prepare a report upon the improvement of the Anacostia River and Grounds. · Flats, reported the same without amendment, accompanied by Also, a bill (H. R. 9318) for the erection of a public building a report (No. 9) ; which said bill and report were referred to at Reynoldsville, Pa.-to the Committee on Public Buildings and the House Calendar. Grounds. ' . By Mr. SIBLEY: A bill (H. R. 9319) authorizing the Presi dent to increase maximum duties-to the Committee on Ways ADVERSE REPORTS. and Means. Under clause 2, Rule XIII, adverse reports were delivered to By Mr. BELL of Georgia: A bill (H. R. 9320) prohibiting the the Clerk, and laid on the table, as follows : issuing of special-tu: stamps to retail dealers in liquors in pro Mr. PAYNE, from the Committee on Ways and 'Means, to hibition districts-to the Committee on Ways and Means. which was referred the resolution (H. Res. 77) requesting the Also, a bill (H. R. 9321) to reestablish the United States mint Secretary of the Treasury to furnish information relative to at Dahlonega, Lumpkin County, Ga.-to the Committee on Coin deposits of public money, etc., reported the same adversely, ac age, Weights, and Measures. companied by a report (No. 8) ; which said resolution and re By .Mr. COLE: A bill (H. R. 9322) to provide for the erec port were ordered laid on the table. tion of a public building at Delaware, Ohio-to the Committee on Public; Buildings and Grounds. By :Mr. W ACIITER : A bill (H. R. 9323) for the erection of PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. an addition to the post-office in the city of Baltimore, Md.-to Under clause 3 of Rule XXII, bills, resolutions, and memo the Committee on Public Buildings and Grounds. rials of the following titles were introduced and severally re By Mr. COOPER of Pennsylvania: A bill (H. R. 9324) to ferred as follows : authorize the Fayette Bridge Company to construct a bridge By Mr. THOMAS of Ohio: A bill (H. R. 9299) providing for over the Monongahela River, Pennsylvania, from a point in the the promotion of warrant officers, and for other purposes-to borough of Brownsville, Fayette County, to a point in the the Committee on Naval Affairs. borough of West Brownsville, Washington County-to the Com By Mr. WALLACE: A bill (H. R. 9300) to annex the Choc mittee on Interstate and Foreign Commerce. taw and Cherokee nations of the Indian Territory to the State By Mr. ALLEN of Maine: A bill (H. R. 9325) to acquire of Arkansas-to the Committee on the Territories. ground for a Government reservation-to the Committee on the Also, a bill (H. R. 9301) to destroy Bayou Bartholomew as a District of Columbia. navigable stream in the State of Arkansas-to the Committee Also, a bill (H. R. 9326) for the widening of Mills avenue NE. on Interstate and Foreign Commerce. from Rhode Island avenue to Twenty-fourth street-to the Com Also, a bill (H. R. 9302) authorizing the State of Arkansas to mittee on the District of Columbia. fix its western boundary-to the Committee on the Judiciary. By Mr. KENN~DY of Ohio: A bill (H. R. 9327) providing for . Also, a bill (H. R. 9303) to regulate the practice, pleadings, procurement of site and erection of a public building at 1\lasil forms, and mode of proceeding in civil causes in equity in the lon, Ohio-to the Committee on Public Buildings and Grounds. circuit courts of the United States-to the Committee on the By Mr. GILBERT of Indiana: A bill (H. R. 9328) to regulate Judiciary. the granting of restraining orders in certain cases-to the Com By Mr. BABCOCK: A bill (H. R. 9304) to extend the public mittee on the Judiciary. alley in block 23, subdivision known as Columbia Heights, and By Mr. MORRELL: A bill (H. R. 9329) to amend an act for other purposes-to the Committee on the District of Co approved February 28, 1903, entitled "An act to provide for lumbia. a union station in the District of Columbia, and for other pur By Mr. SIMS: A bill (H. R. 9305) authorizing the extension poses "-to the Committee on the Dish·ict of Columbia. of Meridian place NW.-to the Committee on the District of By Mr. BUTLER of Pennsylvania: A bill (H. R. 9330) to Columbia. provide for filling in that portion of the naval station at Hono By Mr. BURKEl of South Dakota: A bill (H. R. 9306) to lulu, Hawaii, known as the Reef_:_to the Committee on Naval authorize the sale of a portion of the Lower Brule Indian Res Affairs. ervation, in South Dakota, and for other purposes-to the Com Also, a bill · (H. R. 9331) to provide for filling in the Unitea mittee on Indian Affairs. States quarantine station at Honolulu, Hawaii-to the Com By Mr. SHERMAN: A bill (H. R. 9307) to enable the In mittee on the Territories. dians on the La Pointe or Bad River Reservation to obtain Also, a bill (H. R. 9332) to amend section 3G46, Revised Stat title to the lots occupied by them in the village of Odanab, Wis., utes of the United States, as amended by act of February 16, and to have said village surveyed, and for other purposes-to 1885--to the Committee on the Judiciary. the Committee on Indian Affairs. By Mr. ALLEN of New Jersey: A bill (H. R. 9333) for a Also, a bill (H. R. 9308) to amend the act of Congress ap public building for a national museum of war at Washington, proved February 11, 1901, entitled "An act providing for allot D. C.-to the Committee on Public Buildings and Grounds. ments of lands in severalty to the Indians of the La Pointe. or By Mr. KAHN (by request): A bill (H. R. 9334) to provide Bad River Reservation, in the State of Wisconsin "-to the for the construction and operation of a deep waterway between Committee on Indian Affairs. the cities of Chicago, Ill., and St. Louis, Mo.-to the Committee By Mr. FLACK: A. bill (H. R. 9309) for the erection of a on Rivers and Harbors. public building at Rouses Point, N. Y.-to the Committee on By Mr. WILEY of New Jersey: A bill (H. R. 9335) author Public Buildings and Grounds. izing the extension of Second street NW. to Trumbull street, By Mr. FOSTER of Vermont: A bill (H. R. 9310) to increase and W street westward to Second street NW.-to the Commit the pay of letter carriers on rural free-delivery routes-to the tee on the District of Columbia. Committee on the Post-Office and Post-Roads. By Mr. MUDD: A bill (H. R. 9336) to authorize the Balti By 1\fr. STANLEY : A bill (H. R. 9311) to establish a fish more and Washington Transit Company, of 1\faryland, to extend hatching and fish~culture station in Christian County, in south its street railway in the District of Columbia-to the Commit western Kentucky-to the Committee on the :Merchant Marine tee on the District of Columbia. and Fisheries. By 1\fr. GRAHAM: A- bill (H. R. 9337) to amend sections 1 By :Mr. CURTIS: A bill (H. R. 9312) giving authority to the and 2 of the act of March 3, 1903, to regulate the immigration Secretary of the Treasury to consolidate and reorganize the of aliens into the .United States-to the Committee on Immi customs districts, and for other purposes--to the Committee on gration and Naturalization. \Vays and Means. · By 1\!r. RICHARDSON of Kentucky: A bill (H. R. 9338) By Mr. SMITH of Pennsylvania: A bill (H. R. 9313) for the providing for the purchase of a site and the erection of a public 1905. j CONGRESSIONAL RECORD-HOUSE. .615 building thereon .at Bowling Green, State of Kentucky-to the Also, a bill (H. R. 936.0) granting a pension to Catharirie Committee on Public Buildings and Grounds. . Flynn-to the Committee on Invalid Pensions. By Mr. WILLIAMS: A bill (H. R. 9339) to place upon the Also, a bill (H. R. 9361) granting a pension ta Frederick fr.ee list steel beams, plates, angle irons, rivets, shaftings, pro Smith-to the Committee on Invalid Pensions. peller • -castin,gs, and other material imported for the pm·pose Also, a bill (H. R. 9362) granting a pension to1 Annie Hines of being used and being actually nsed in construction of Ameri to the Committee on Pensions. can ships-to the Committee on Ways and Means. · .Also, a btll (H. R. 9363) granting a pension to George By .1\fr. POLLARD: A bill (H. R. 9340) to appropriate .$10,000 Ihnath-to the Committee on Pensions. to carry on demonstrations under the directions of the Secretary Also, a bill (H. R. 9364) for the relief of George F. Fuller of Agriculture that will suppress fungus and insect pests that to the Committee on Claims. . are ravaging our fruit interests-to the Committee on Agricul Also, a bill (H. R. 9365) for the relief of George C. Ellison-=- · ture. to the Committee on Claims. ·- By Mr. HOPKINS: A bill (H. R. 9341) to establish a fish Also, a bill {H. R~ 9366) to remove the charge of desertion cultural station in the State of Kentucky-to the Committee now existing on the records of the War Department against on the .Mei'Chant Marine and Fisheries. John .1..\!cKeon-to the Committee on Military Affairs. By Mr. FOSS: A bill (H. R. 9342) granting authority to the Also, a bill (H. R. 9367) to remove the charge of desertion Secl~etary <>f the Navy, in his discretion., to dismiss midshipmen now existing on the records of tbe War Department against from the United States Naval Ae..:'tdemy~to the .Committee o·n John McKeon-to the Committee on Military Affail·s. Nava1 Affairs. Also, a bill (H. R. 9368} to remove the charge of desertion By l\1r. BROOKS of Colorado: A bill (H. R. 9343) provi lected from · the estate of Jacob R. Moor~to the Committee on Also, a bill (H. R. 9434) granting an increase of pension to Claims. Herman W. Perkins-to the Committee on Invalid Pensions. Also, a bill (H. R. 9397) granting an increase of pension to ·Also, a bill (H. R. 9435) granting a pension to James Edward Mary A. King-to the Cominittee on Invalid Pensions. and Ida May Bryant-to the Committee on Invalid Pensions. Also, a bill (H. R. 9398) granting a pension to Margaret B. .Mr. DAVEY of Louisiana: A bill (H. R. 94?6) for the relief Houston-to the Committee on Invalid Pensions. of Mrs. Louisa Dornier-to the Committee on War Claims. By Mr. BROWNLOW: A bill (H. ·R. 9399) for the relief of By Mr. FOSTER of Vermont: A bill (H.- R. 9437) granting Emma H. Worley, widow, and the heirs at law of Nathaniel T. an increase of pension to Myron L. Fales-to the Committee on Worley, deceased-to the Committee on Claims. , Invalid Pensions. By Mr. BROOKS of Colorado: A bill (H. R. 9400) granting Also, a bill (H. R. 9438) for the relief of Ira Hall-to the an increase of pension to Henry P. Macloon-to the Committee Committee on War Claims. on Invalid Pensions. By Mr. GRAHAM: A bill (H. R. 9439) granting an increase Also, a· bill (H. R. 9401) granting an increase of pension to of pension to Elizabeth J. Coates-to the Committee on Invalid John w. Blum-to the Committee on Invalid Pensions. Pensions.· · Also, a bill (H. R. 9402) granting an increase of pension to By Mr. GREENE: A bill (H. R. 9440) for the relief of Jere Adam S. Van Vorst-to the Committee on Invalid Pensions. Miah Lombard-to the Committee on Naval Affairs. Also, a bill (H. R. 9403) granting a pension to Kate E. Also, a bill (H. R. 9441) granting a pension to Clara N. Scran Hanna-to the Committee on Invalid Pensions. ton-to the Committee on Invalid Pensions. By Mr. BURKE of Pennsylvania: A bill (H. R. 9404) grant Also, a bill (H. R. 9442) granting a pension to Dora C. ing an increase of pension to Henry C. Chaney-to the Commit Walter-to the Committee· on Invalid Pensions. · tee on Invalid Pensions. Also, a bill (H. R. 9443) granting a pension to Mary E. By Mr. CALDER: A bill (H. R. 9405) granting an increase Congdon-to the Committee on Invalid Pensions. of pension to John Burns-to the Committee on Invalid Pen Also, · a bill (H. R. 9444) granting a pension to Arthu!' "'\'V. sions. · Martin-to the Committee on Invalid Pensions. Also, a bill (H. R. 9406) granting an increase of pension. to Also, a bill (H. R. 9445) granting a pension to Ida E. G. Francis \V. Preston--to the Committee on Invalid Pensions. Pierce--to the Committee on Invalid Pensions. By Mr. COLE: A bill (H. R. 9407) for the relief of the estate By Mr. GILLETT of Massachusetts: A bill (H. R. 9446) of John H. Piatt, deceased-to the Committee on Claims. granting permission to Maj. Rogers Birnie, of the· United States Also,· a bill' (H. R. 9408) granting a pension to Martha Ton Army, to accept a decoration from the President of the French quet-to the Committee on Invalid Pensions. Republic-to the Committee on Foreign Affairs. Also, a bill (H.- R. 9409) granting. a pension to Richard M. By Mr. GILLESPIE: A bill (H. R. 9447) granting an in Johnson-to the Committee on Invalid Pensions. crease of pension to John L. Edmondson-to the Committee on Also, a bill · (H. R. 9410) granting a pension to Ida Arthur Invalid Pensions. to the Committee on Invalid Pensions. By Mr. GROSVENOR: A bill (H. R. 9448) granting an in · Also, a bill (H. R. 9411) granting a pension to Dock W. Rich crease of pension to F. B. Hockey-to the Committee on ardson-to the Committee on Invalid Pensions. Pensions. . Also, a bill (H. R. 9-112) granting an increase of pension to By Mr. GUDGER: A bill (H. R. 9449) for relief of F. M. Ella F. Stoddard-to the Committee on Invalid Pensions. Rhineheardt, H. R. Cook, and Joseph S. Ruland-to the Com Also, a bill (H. R. 9413) granting an increase of pension to mittee on Military Affairs. Alexander McCombs-to the Committee on Invalid Pensions. By Mr. HAMILTON: A bill (H. R. 9450) granting an increase Also, a bill (H. R. 9414) granting an increase of pension to of pension to Alexander Brown-to the Committee on Invalid Charles W. Mann-to the Committee on Invalid Pensions. Pensions. Also, a ·bill (H. R. 9415) granting an increase ·of pension to By Mr. HEDGE : A bill (H. R. 9451) granting an increase John E. Murphy-to the Committee on Invalid Pem;ions. of pension to Frederick N. Wood..... to the Committee on Invalid Also, a bill (H. R. 9416) granting an increase of pension to Pensions. Jacob M. Longsworth-to the Committee on Invalid Pensions. By Mr. HILL of Connecticut : A bill (H. R. 9452) granting a Also, a biU (H. R. 9417) granting an increase of pension to pension to Mary B. Palmer-to the Committee on Invalid Pen George A. Ravel-to the Committee on Invalid Pensions. sions. Also, a bill (H. R. 9418) granting an increase of pension to By Mr. HOPKINS: A bill (H. R. 9453) for the relief of J. C. Delano Morey-to the Committee on Invalid Pensions. -· · Creed-to the Committee on Claims. Mr. COOPER of Pennsylvania: A bill (H. R. 9419) granting Also, a bill (H. R. 9454) for the relief of Mrs. J. W. Yates an increase of pension to Nancy Rose--to the Committee on to the Committee on War Claims. Invalid Pensions. Also, a bill (H. R. 9455) for the relief of James M. Bullock Also, a bill (H. R. 9420) for the relief of Clara A. Carter, to the Committee on War Claims. widow of Martin J. Carter, late consul of the United States to Also, a bill (H. R. 9456) for the benefit of the estate of B. S. · Yarmouth, Nova Scotia-to the Committee .on Foreign Affairs. Hamilton-to the Committee on War Claims. By Mr. CURRIER : A bilJ (H. R. 9421) granting an increase Also, a bill (H. R. 9457) for the relief of the estate of Mary of pension to George Dent-to the Committee on Invalid Pen Philips-to the Committee on War Claims. · sions. Also, a bill (H. R. 9458) for the relief of Jake T. Patrick, of By 1\fr. CUSHMAN: A bill (H. R. 9422) for the relief of Salyersville, Ky.-to the Committee on Claims. Frank Freitas-to the Committee on Claims. Also, a bill (H. R. 9459) for the relief of A. J. Ward-to the By 1\fr. CURTIS: A bill (H. R. 9423) for the relief of Capt. Committee on War Claims. M. R. W. Grebe--to the Committee on Military Affairs. Also, a bill (H. R. 9460) for the relief of Dillard Martin-to By Mr. DARRAGH: A bill (H. R. 9424) granting an increase the Committee on Claims. of pension to John Shelt-to the Committee on Invalid Pen Also, a bill (H. R. 9461) for the relief of Dillard Martin-to sions. the Committee on Claims. Also, a bill (H. R. 9425) granting a pension to Lucinda Vin Also, a bill (H. R. 9462) granting a pension to Ollie Me cent-to the Committee on Pensions. Chain-to the Committee on Invalid Pensions. Also, a bill (H. R. 9426) granting a pension to Lydia A. Also, a bill (H. R. 9463) 'granting a pension to Hannah Cal Irwin-to the Committee on Invalid Pensions. boon-to the Committee on Invalid Pensions. - Also, a bill (H. R. 9427) granting a pension to Mary Ann -----.. Also, a bill (H. R. 9464) granting a pension to 4-bsolem Kelley-to the Committee on Invalid Pensions. · Hobbs-to tbe Committee on Invalid Pensions. Also, a bill (H. R. 9428) granting an increase of pension to Also, a bill (H. R. 9465) granting a pension to Ella Q. Par James A. Crocker-to the Committee on Invalid Pensions. ish-to the Committee on Invalid Pensions. ·Also, a bill (H. R. 9429) granting an increase of pension to Also, a bill (H. R. 9466) granting a pension to Catharine Harvey C. Button-to the Committee on Invalid Pensions. Smith-to tbe Committee on Invalid Pensions. Also, a bill (H. R. 9430) granting an ·increase of pension to Also, a bill (H. R. 9467) granting a pension to John A. Mil Albert D. Davey-to the Committee on Invalid Pensions. ler-to the Committee on Invalid Pensions. Also, a bill (H. R. 9431) granting an increase of pension to Also, a bill (H. R. 9468) granting a pension to Henry Law Charles Hubbs-to the Committee on Pensions. less-to the Committee on Pensions. Also, a bill (H. R. 9432) granting an increase of pension to Also, a bill (H. R. 9469) granting a pension to James Cau Peter A. Wiltse--to the Uommittee on Pensions. dill-to the Committee on Pensions. Also, a bill (H. R. 9433) granting an increase of pension to Also, a bill (H. R. 9470) granting a pension to Dania J. William A. De Hart-to the Committee on Invalid Pensions. Shoemaker-to the Corrimittee on Pensions. 1905. _CONGRESSIONAL RECORD-HOUSE. .617 Also, a bill (H. R. 9471) granting a pension to Lucreasy Cas- l Also, ~ bill (H. R. 9508) placing the name of ~· R. Mann, of sady-to the Committee on Invalid Pensions. Salyersville, Ky., on the muster rolls of the Uruted States-to -Also; a bill (H. R. 9472) granting a pension to Ellen Hol- the Commi~ee on _M:ilit~ry Att'!l~s. . . . brook-to the Committee on Invalid Pensions. Also, a btll (H. R. 9o09) gtvmg m1htary record to John F. Also a bill (H. R. 9473) granting a pension to William Rudd-to the Committee_on Military Affairs. Pack~to the Committee on Invalid Pensions~ Also, a bill (H. R. 9510) giving military record to William Also a bill (H. R. 9474) granting a pension to Lucinda R. Flannery-to the Committee on Milita,ry .Affairs. Stamp~r-to the Committee on Invalid Pensions. Also,· a bill (H. R. 9511) granting an increase of pension to Also a bill (H. R. 9475) granting a pension to Robert Sew- Philip Hamman-to the Committee on Invalid Pensions. ell-to' the Committee on Invalid Pensions. Also, a bill (H. R. 9512) granting an increase of pension to Also a bill (H. R. 9476) granting a pension to Frances Edward W. Cassity-to the Committee on Invalid Pensions. Turne~-to the Committee on Invalid Pensions. Also, a bill (H. R. 9513) granting an increase- of pension to Also a bill (H. R. 9477) granting a pension to Evaline Gertrude Steelman-to the Committee on Invalid Pensions. Elrod~to the Committee on Invalid Pensions. Also, a bill (H. R. 95H) granting an increase of pension to Also, a bill (H. R. 9478) granting a pension to James B. Kil- John W. Puckett-to the Committee on Invalid Pensions. gore--to the Committee on Invalid Pensions. Also, a bill (H. R. 9515) granting an increase of pension to Also a bill (H. R. 9479) granting a pension to Selie Dunn- Eliza Strong-to the Committee on Invalid Pensions. to the 'eommittee on Invalid Pensions. Also, a bill (H. R. 9516) · granting an increase of pension to Also, a bill (H. R. 9480) granting a pension to James H. Samuel F. May-to the Committee on Invalid Pensions. Rainey-to the Committee on Invalid Pensions. Also, a bill (H. R. 9517) granting an increase of pension to Also, a bill (H. R. 9481) granting a pension to Emma 'I'homas J. Dixon-to the Committee on Invalid Pensions. Sparks-to the Committee on Invalid Pension:,. Also, a bill (H. R. 9518) granting an increase of pension to Also, a bill (H. R. 9482) granting a pension to Woodford M. John D. Jameson-to the Committee on Invalid Pensions. Shoemaker-to the Committee on Invalid Pensions. Also, a bill (H. R. 9519) granting an increase of pension to Also, a bill (H. R. 9483) granting a pension to James Nancy E. Rowland-to the Committee on Invalid Pensions. Obrien-to the Committee on Invalid Pensions. Also, a bill (H. R. 9520) granting an increase of pension to Also, a bill (H. R. 9484) granting a pension to John Hale-to John P. Mead-to the Committee on Invalid Pensions. , the Committee on Invalid Pensions. Also, a bill (H. R. 9521) granting an increase of pension to Also, a bill (H. R: 9485) granting a pension to T. J. Tread- Nathaniel Collins-to the Committee on Invalid Pensions. way-to the Committee on Invalid Pensions. Also, a bill (H. R. 9522) granting an increase of pension to Also, a bill (H. R. 9486) granting a pension to Greenville R. Solomon May-to the Committee on Invalid Pensions. Hale-to the Committee on Invalid Pensions. Also, a bill (H. R. 9523) correcting the military record of Also, a bill (H. R. 9487) granting a pension to James S. Levi Carpenter aRd granting him a pension-to the Committee Walters-to the Committee on Invalid Pensions. on Military A1fairs. Also, a bill (H. R. 9488) granting a pension to Howard Col- Also, a bill (H. R. 9524) correeting the military record of Iins-to the Committee on Invalid Pensions. Henry Craig and granting him a pension-to the Committee on Also, bill (H. R. 9489) granting a pension to Jasper Wheeler- Military Affairs . . to the Committee on Invalid Pensions. Also, a bill (H. R. 9525) correcting the military record of Also, a bill (H. R. 9490) granting an increase of pension to G. ,V. Perkins-to the Committee on Military Affairs. , William W. Fergusen-to the Committee on Invalid Pensions. Also, a bill (H. R. 9526) to correct the military record of Also, a bill (H. R. 9491) granting an increase of pension to George Coburn-to the Committee on Military Affairs. R. L. Davis-to the Committee on Pensions. Also, a bill (H. R. 9527) correcting the military record of Also, a bill (H. R. 9492) granting an increase of pension to E. M. Walters-to the Committee on Military Afi'airs. James Webb-to the Committee on Invalid Pensions. By Mr. HOWELL of Utah: A bill (H. R. 9528) to reimburse Also, a bill (H. R. 9493) granting an increase of pension to Fred Dickson for loss of his tools through the fire which de- Mary H. Atkinson-to the Committee on Invalid Pensions. stroyed the engine house at Fort Duchesne, Utah, on September Also, a bill (H. R. 9494) granting an increase of pension to 19, 1902-to the Committee on Claims. John M. Johnson-to the Committee on Invalid Pensions. By Mr. HUBBARD: A bill (H. R. 9529) granting an increase Also, a bill (H. R. 9495) granting an increase of pension to of pension to William Gibson-to the Committee on Invalid James K. Nickell-to the Committee on Invalid Pensions. Pensions. Also, a bill (H. R. 9496) to correct the record of William By Mr. HUNT: A bill (H. R. 9530) granting a pension to Shepherd and grant him a pension-to the Committee on Mili- Catherine Casey-to the Committee on Invalid Pensions. tary Affairs. Also, a bill (H. R. 9531) granting an increase of pension to Also, a bill (H. R. 9497) correcting the record of Moses Eliza Rogers-to the Committee on Invalid Pensions. Adams-to the Committee on Military Affairs. By Mr. JONES of Virginia: A bill (H. R. 9532) for the relief Also, a bill (H. R. 9498) correcting the record of Jonathan of the estate of Richard G. Reece, deceased, late of Harborton, Chaney and granting him a pension-to the Committee on Mili- Va.-to the Committee on Claims. tary Affairs. . Also, a bill (H. R. 9533) for the r·elief of the heirs of Richard Also, a bill (H. R. 9499) correcting the record of James Mitch- S. Rew, deceased-to the Committee on War Claims. ell and granting to his widow a pension-to the Committee on Also, a bill (H. R. 9534) for the relief of Edward Nock-to Military Affairs. the Committee on Pensions. · Also, a bill (H. R. 9500) correcting the record of James Also, a bill (H. R. 9535) for the relief of the Potomac· Steam- Grooms and granting him a pension-to the Committee on Mili- boat Company-to the Committee on Claims. tary Affairs. Also, a bill (H. R. 9536) granting an increase of pension to Also, a bill (H. R. 9501) to correct the record of Isaac Ste- Emma E. S. Wright-to the Committee on Invalid Pensions. phens and grant him a pension-to the Committee on Military Also, a bill (H. R. 9537) granting a pension to Esther G. Affairs. . · Whorton-to the Committee on Pensions. Also, a bill (H. R. 9502) correcting the record of Allen Dan- By Mr. KAHN: A bill (H. R. 9538) for tbe relief of former leis and granting his widow a pension-to the Committee on occupants of the present military reservation at Point San Military Affairs. Jose, in the city of San Francisco, and t o repeal an act entitled Also, a bill (H. R. 9503) to correct the record of James Stone "An act to refer the claim of Jessie Benton Fremont to certain and grant him a pension-to the Committee on Military Affairs. lands and improvements thereon in San Francisco, Cal. to the Also, a bill (H. R. 9504) correcting the record of Harison Court of Claims," approved February 10, 1893-to the Commit Pack and granting him a pension-to the Committee on Military tee on Claims. Affairs. Also, a bill (H. R. 9539) for the relief of Maj. Ormond M. Also, a bill (H. R. 9505) correcting the record of D. B. Porter LiR!';ak-to the Committee on Claims. and granting him a pension-to the Committee on Military Also, a bill (H. R. 9540) for the relief of Walter L. Stowell, Affairs. of San Francisco, Cal.-to the Committee on the Post-Office and Also, a bill (H. R. 9506) correcting the record of J. H. Porter Post-Roads. and granting him a pension-to the Committee on Milltary Also, a bill (H. R. 9541) granting a pension to Frank Klein- Affairs. to the.Committee on Invalid Pensions. Also, a bill (H. R. 9507) to pay Elijah Patrick, of Salyersville, Also, a bill (H. R. 9542) granting a pension to Thomas Ky., for two years' service in late war as a captaip of a corn- O'Toole-to the Committee on Pensions. pany of volunteers, and granting him a pension-to the Com- Also, a bill (H. R. 9543) granting an increase of pension to mittee on Invalid Pensions. Amanda M. P. Brock-to the Committee on Invalid Pensions. :6]8 .OONGRESSIONAL- REOORD-HOUSE. PEOEMBER 19, Also, a :bill (H. 'R. 9544) granting an increase of pension to 'ing an increase of pension to Also, .a bill (H. R. 9614) granting a pension to Thomas ing -an honorable discharge to Jerome Salisbm·y-to the Com Leever-to the Committee on Invalid Pensions. mittee on Military Affairs. Also, a bill (H. R. 9615) granting a pension to John Huff Also, a bill (H. R. 9654) granting :m increase of pension to man-to the Committee on Invalid Pensions. William A. Stewart-to the Committee on Invalid Pensions. Also, a bill (H. R. 9616) granting a pension to Cornelia E. Also, a bill (H. R. 9655) granting an increase of pension to Newsom-to the Committee on Invalid Pensions. William Crooks-to the Committee on Invalid Pensions. Also, a bill (H. R. 9617) granting an increase of pension· to By Mr. SMITH of Iowa: A bill (H. R. 9656) granting a pen David A. Kirk-to the Committee on Invalid Pensions. sion to Elias Palmer-to the Committee on Invalid Pensions. Also, a bill (H. R. 9618) granting an increase of pension t0 Also, a bill (H. R. 9657) granting an increase of pension to Charles Abbott-to the Committee on Invalid Pensions. William E. Hilliker-to the Committee on Invalid Pensions. Also, a bill (II. R. 9619) granting an increase of pension to By Mr. SOUTHARD: A bill (H. R. 965~) granting an iJl Augusta Leellyett-to the Committee on Invalid Pensions. crease of pension to George Miller-to the Committee on In~ Also, a bill (H. R. 9620) granting an increase of pension to valid Pensions. John Hiett-to the Committee on Invalid -Pensim:ts. Also, a bill (H. R. 9659) granting an increase of pension to Also, a bill (H. R. 9621) granting an increase of pension to Abraham V. Smith-to the Committee on Invalid Pensions. John E. Hawthorn-to the Committee· on Invalid Pensions. Also, a bill (H. R. 9660) granting a pension to Henry C. Also, a bill (H. R. 9622) granting an increase of pension to Marsh-to the Committee on Invalid Pensions. Thomas L. Davis-to the Committee on Invalid Pensions. Also, a bill (H. R. 9661) granting a pension to Charles R. Also, a bill (H. R. 9623) granting an increase of pension to Hill-to the Committee on Pensions. William H. Feu-to the Committee on Invalid Pensions. Also, a bill (H. R. 9662) granting a pension to Hiram Hen Also, a bill (H. R. 9624) granting an increase -of pension to derson-to the Committee on Invalid Pensions. W. H. Iliff-to the Committee on Invalid Pensions. Also, a bill (H. R. 9663) granting a pension to John McLain Also, a bill (H. R. 9625) granting an increase of pension to to tlle Committee on Invalid Pensions. Daniel B. Jacks-to the Committee on Invalid Pensions. Also, a bill (H. R. 9664) granting a pension to E. C. Durfey Also, a bill (H. R. 9626) granting an increase of pension to to the Committee on Invalid Pensions. James W. Dakin-to the Committee on Invalid Pensions. Also, a bill (H. R. 9665) granting an increase of pension to Also, a bill (H. R. 9627) granting an increase of pension to H. K. Brooker-to the Committee on Invalid Pensions. Daniel Craig-to the Committee on Invalid Pensions. Also, a bill (H. R. 9666) granting an increase of pension to Also, a bill (H. R. 9628) ·granting an increase of pension to Allen S. Ferguson-to the Committee on Invalid Pensions. John M. Bromagem-to the Committee on Invalid Pensions. By Mr. STEPHENS of Texas: A bill (H. R. 9667) granting Also, a bill (H. R. 9629) granting an increase of pension to an increase of pension to Columbus C. Parish-to the Commit Edward J. Kavanagh-to the Committee on Invalid Pensions. tee on Invalid Pensions. _Also, a bill (H. R. 9630) granting an increase of pension to Also, a bill (H. R. 9668) granting an increase of pension to Elijah Cowen-to the Committee on Invalid Pensions. Samuel Shafer-to the Committee on Invalid Pensions. Also, a bill (H. R. 9631) granting an increase of pension t& By Mr. STERLING: A bill (H. R. 9669) granting an increase Phillip Willis-to the Committee on Invalid Pensions. of pension to Thomas B. Allen-to the Committee on Invalid Also, a bill (H. R. 9632) granting an increase of pension to Pensions. William A. Aultman-to the Committee on Invalid Pensions. By Mr. STEENERSON (by request): A bill (H. R. 9670) Also, a bill (H. R. 9633) granting an increase of pension to authorizing a patent to be issued to Stephen Teichner for cer Jafnes C. Rigdon-to the Committee on Invalid Pensions. tain lands therein described-to the Committee on the Public Also, a bill (H. R. 9634) granting an increase of pension to Lands. Samuel N. Weeks-to the Committee on Invalid Pensions. By Mr. TAYLOR of Ohio: A bill (H. R. 9671) granting an in Also, a bill (H. R. 9635) granting an increase of pension to crease of pension to Carrie M. Hickman-to the Committee on Silas Williams-to the Committee on Invalid Pensions. Pensions. Also, a bill (H. R. 9636) granting an increase of pension to Also, a bill (H. R. 9672) granting a pension to Margaret Jacob Supinger-to the Committee on Invalid Pensions. Lyndall Goddard-to the Committee on Invalid Pensions. Also, a bill (H. R. 9637) granting an increase of pension to Also, a bill (H. R. 9673) granting a pension to Oliver H. Grif John F. Searight-to the Committee on Invalid Pensions. fin-to the Committee on Pensions. Also, a bill (H. R. 9638) granting an increase of pension to Also, a bill (H. R. 9674) granting a pension to Willi~m E. George R. Arcl1er-to the Committee on Invalid Pensions. Fuller-to the Committee on Invalid Pensions. Also, a bill (H. R. 9639) to remove the charge of desertion Also, a bill (H. R. 9675) granting an increase of pension to from the record of Alexander D. Patton-to the Committee on Alonzo C. Fleming-to the Committee on Invalid Pensions. Military Affairs. Also, a bill (H. R. 9676) to correct the military record of Cor Also, a bill (H. R. 9640) to remove the charge of desertion nelius Hardin-to the Committee on Military Affairs. from the record of Bruno Noble-to the Committee on Military Also, a bill (H. R. 9677) to correct the military record of Wil Affairs. liam H. Feaster-to the Committee on Military Affairs. Also, a bill (H. R. 9641) to correct the military record of Also, a bill (H. R. 9678) granting an increase of pension to John C. Herron-to the Committee on Military Affairs. William R. Milot-to tlle Committee on Invalid Pensions. Also, a bill (H. R. 9642) to correct the military record of Also, a bill (H. R. 9679) granting an increase of pension to William F. Elliott-to the Committee on Military Affairs. Adam Kaufman-to the Committee on Invalid Pensions. Also, a bill (H. R. 9643) to correct the military record of Also, a bill (H. R. 9680) granting an increase of pension to Tllomas J. Sutton-to tlle Committee on Military Affairs. Florence N. Leathern-to the Committee on Invalid Pensions. Also, a bill (H. R. 9644) for the correction of the date and Also, a bill (H. R. 9681) granting an increase of pension to place of discharge of Edward McKenzie-to the Committee on Andrew F. Murray-to the Committee on Invalid Pensions. Military Affairs. · Also, a bill (H. R. 9682) granting an increase of pension to By Mr. SHARTEL: A bill (H. R. 9645) granting an increase Wasllington G. Marshall-to the Committee on Invalid Pensions. of pension to Thomas R. May-to the Committee on Invalid Pen- Also, a bill (H. R. 9683) granting a pension to Fred C. Lock sions. · hart-to the Committee on Pensions. Also, a bill (H. R. 9646) granting a pension to Henry P. Also, a bill (H. R. 9684) granting a pension to Leonard I-q_w Conn-to the Committee on Invalid Pensions. · rence-to the Committee on Invalid Pensions. Also, a bill (H. R. 9647) granting an increase of pension to Also, a bill (H. R. 9685) granting a pension to William· Mu. David G. Young-to tlle Committee on Invalid Pensions. roney-to the Committee on Invalid Pensions. Also, a bill (H. R. 9648) granting an increase of pension to Also; a bill (H. R. 9686) granting a pension to Elizabeth A. Daniel Wilhoit-to the Committee on Invalid Pensions. Miller-to the Committee on Invalid Pensions. Also, a bill (H. R. 9649) to remove the charge of desertion Also, a bill (H. R. 9687) to remove the charge of desertion from Ellis J. J. Counterman-to the Committee on Military against Andrew Luff, and granting his widow, Maria, a pension Affairs. of $24 per month-to the Committee on Military Affairs. By Mr. SLEMP : A bill (H. R. 9650) granting an increase of Also, a bill (H. R. 9688) to remove the charge of desertion pension to Joseph L. Bostwick-to the Committee on Invalid against Peter C. Lawyer-to the Committee on Military Affairs. Pensions. Also, a bill (H. R. 9689) to correct the military record of By 1\fr. SPIGHT: A bill (H. R. 9651) granting an increase of Charles H. Jessup-to tlle Committee on Military Affairs. pen ~ ion to C. S. Word-to the Committee on Pensions. Also, a bill (H. R. 9690) to correct the military record of Also, a bill (H. R. 9652) grunting an increase of pension to Josepll Joiner-to the Committee on Military Affairs. . Benjamin Proctor-to the Committee on Invalid Pensions. Also, a bill (H. R. 9691) granting a pension to George R. By 1\fr. SMITH of Pennsylvania: A bill (H. R. 9653) grant- Huntley-to the Committee on Invalid Pensions. 620 CONGRESSIONAL RECORD-HOUSE. DECEMBER 19, Also, a bill (H. R. 9692) granting a pension to Hiram Roe Also, petition of "60,000 American residents of Alaska, for to the Committee on Invalid Pensions. representation in Congress-to the Committee on the Territories. By Mr. WALLACE: A bill (H. R. 9693) for the relief of By 1\fr. BURKE of Pennsylvania: Petition of Hazlewood Asa Townsend-to the Committee on Claims. Lodge, No. 130, Knights of Pythias, of Pittsburg, and James C. Also, a bill (H. R. 9694) for the relief of Nathaniel S. Word, Gross and others, favoring restriction of immigration-to the deceased, late of Ouachita County, Ark.-to the Committee on Committee on Immigration and Naturalization. War Claims. · Also, petition of the Civic Club of Philadelphia, favoring the Also, a bill (H. R. 9695) for relief o:f estate of Joshua Hill President's recommendation relative to Niagara-to the Com to the Committee on War Claims. mittee on Rivers and Harbors. Also, .a bill (H. R. 9696) for the relief of S. N. Caughey-to By l\fr. BURKE of South Dakota: Petition of Mizpah Re the Committee on War Claims. bekah · Lodge, No. 15, of Britton, and Grace E. Hinkley and Also, a bill (H. R. 9697) for the relief of the heirs of William others, favoring· restriction of immigration-to the Committee T. Stone, deceased-to the Committee on War Claims. on Immigration and Naturalization. Also, a bill (H. R. 9698) for the relief of J". C. Karr-to the By Mr. BURLEIGH .: Petition of citizens of Maine, favoring Committee on War Claims. a parcels-post law-to the Committee on the Post-Office and Also, a bill (H. R. 9699) · for the relief of the heirs of John Post-Roads. C. Eckels-to the Committee on War Claims. By 1\lr. BURTON of Ohio: Petition of the American Society Also, a bill (H. R. 9700) for the relief of the heirs of· John of the Isle of Pines, against treaty ceding Isle of Pines to .W. Barton, deceased-to the Committee on War Claims. Cuba-to the Committee on Foreign Affairs. Also, a bill (H. R. 9701) for the relief of E. C. Young, 0. P. Also, petition of the National Grange, again;st tax on alcohol Young, and the estate of J". A. McGinnis, deceased-to the· Com used! in the arts-to the Committee on Ways and Means. mittee on Claims. Also, petition of the Greenville (Ohio) Board of Trade, for Also, a bill (H. R. 9702) for the relief of William Crow-to legislation on railway rates-to the Committee on Interstate and the Committee on War Claims. Foreign Commerce. Also, a bill (H. R. 9703) for the relief of Jacob P. Stroope-to By Mr. BUTLER of Pennsylvania: Petition of John Elliott the Committee on War Claims. and Sobercus Cromleigh, for immediate passage of the Pen Also, a bill (H. R. 9704) granting a. pension to Eraster Coyle rose-Dalzell bill relative to pensioning ex-prisoners of war-to to the Committee on Invalid Pensions. the Committee on Invalid Pensions. Also, a bill (H. R. 9705) granting a pension to George W. By Mr. COOPER of Pennsylvania: Petition of officials of Robinson-to the Committee on Invalid Pensions. various temperance organizations, against sale of liquor in Terri Also, a bill (H. R. 9706) granting an increase of pension to tories-to the Committee on Alcoholic Liquor Traffic. William Jackson Williams-to the Committee on Invalid Pen Also, petition of Layton Council, No. 343, Junior Order United sions. American Mecllanfcs, favoring resb·iction of immigration-to Also, a bill" (H. R. 9707) granting an increase of. pension to the Committee on Immigration and Naturalization. Gabriei Stephens'-to the eommittee on Invalid Pensions. By Mr. DIXON of Montana: Paper to accompany bill (H. . R. Also, a bill (H. R. · 9708) granting· an increase of pension to 8825) for relief of Thomas H. Kent-to the COmmittee on Claims. James W. Ferrell-to the Committee on Invalid Pensions. Also, petition of South Butte Camp, Modern Wood.b.len of Also, a bill (H. R. 9709) granting an increase of pension to A.n:lerica, favoring restriction of immigration-to the Committee Wiley H. Jackson-to the Committee on Dlvalid Pensions. on finmigration and Naturalization. By 1\fr-. WEBB: A bill (H. R. 97l0) to complete the milital'y By Mr. DUNWELL: Petition of the board of trustees of the record of Wiley Fender and for an honorable discharge-to the New York. St..'1te· Soldiers and Sailors' Home, for reestablishment Committee on l\filitary Affairs-. of the canteen at the Home-to the Committee on Military Also, ~a bill (H. R. 971!) to complete the military record of. .Affairs. Allen Fender and for an honorable discharge-to the Committee By Mr. FASSETT:. Paper to accompany bill for relief of on Military. Affairs. Stacy B. Warlord-to the Committee on Inv:alid Pensions. . By Mr: WEEKS: A bill (H. R. 971.2) for the relief· of Charles By. Mr. FITZGERALD: Petition of the Phoenix and Mari F. Wood-to the Committee on Claims. copa County Board of Trade, against joint statehood with New Also, a bill (H. R. 9713) for the relief of Hattie P. Spicer Mexico--to the Committee on the Territories. to the Committee on the Post-Office and Post-Roads. Also, petition of the Home Mission of Plymouth Church, Also, a bill (H. R. 9714) granting. an increase of pension to Brooklyn,. favoring purchase of small holdings for landless In George Wood-to the Committee on !nvalid Pensions. dians- of northern California-to· the Committee on Indian Affairs. PETITIONS, ETC. By Mr. GILLESPIE: Paper to accompany bill for relief of Under clause 1 of Rule XXII. the following petitions: andi John L. Edmunds-to the Committee on Invalid Pensions. papers were laid on the Clerk's desk and referred as follows : By Mr. GRAHAM:: ·Petition of the Civic Club of Philadelphia, By the SPElAKER: Petition of" the board of directors of the . favoring the President's recommendation relative to Niagara Denver Chamber of Commerce and Board of Trade, favoring to the Committee on Rivers and Harbors. Mesa Verde National Park-to the Committee on the Public By l\fr. GUDGER: Paper to accompany bill for :celief of F. M. Lands. Rehenheart-to the Committee on Military Affairs. Also, petition of the Phoenix. and Maricopa County Board of Also,. paper to accompany bill for relief of J. A. Reagan-to Trade, of Phoenix, Ariz., against joint statehood with New the Committee on War Claims. l\fexico-to the Committee on the Territories. Also, paper to accompany bill for relief of W. N. Redden-to Also, petition of the National Firemen's Association conven the Committee on Wal!. Claims. . tion at Kansas City, against the Dryden, bilf-to tfie cOmmittee By Mr. HILL of Connecticut: Petition of the Stamford Har on Ways and l\feans. bor Improvement Association, for a, new survey of Stamford B"y Mr. ACHESON: Petition of the General Assembly's Per Harbor-to the Committee on Rivers and Harbors. manent Committee on Temperance of the Presbyterian Church· Also, paper to accompany bill for relief of Mary B. Palmer in America, against sale of liquor in Indian territoctes~to the to the Committee on Invalid Pensions Committee on the Territories. . Also, petition of Gilmore Council, No. 56j Junior Order Also, petition of tfie Civic Club of Philadelphia, favoring United American Mechanics, of Torrington, Conn., favoring re President Roosevelt's recommendation that Niagara be kept as a striction of" immigration-to the Committee on. Immigration national park-to the Committee on Rivers· and Harbors. . , and Naturalization. Also, petition of Henry Veon and J. l\l. Hays, for immediate By 1\f.r .. HOWELL of Utah: Paper to accompany bill: for relief passage of the Penrose and Dalzell bills relative to ex-prisoners , of Fred Dickson-to the Committee on. Claims. of war-to the Committee on Invalid Pensions. By Ur. KLINE:. Petition of Washington Camp, No. 113, Pa Also, paper to accompany bill for reli"ef of Corwin ~I. Holt triotic Order Sons of Ametica, of Birnville, Pa., favoring re to the Committee on Military Affairs. striction. of immigration-to the Committee on Immigration· and By Mr. .ADAMS of.. Pennsylvania: Petition of the Civic Club Naturalization. of Philadelphia, favoring supportot the President's· recommenda-· Also, petition of Washington Camp, No. 99, Patriotic Order tion as to Niagara being kept a national park-to the· Com Sons of America, of Wernersville, Pa., favoring restriction of mittee on Rivers and Harbors. immigration-to the Committee on Immigration and Naturali By l\fr. BARCBFElLD: Petition of the Phoenix. and Mari-· zation. copa County Board of Trade, of Phoenix, Ariz., against joint· By l\fr~ KNOWLA1\1D-: Paper to accompany bill for relief. of statehood with New Mexico-to the Committee on the Terri- Johu Cathman-to the Committee on Claims. ~ri• . By· 1.\!r. · LAFEAN : Petition of M. Glatfelten and others, fa- 1905. ' '~I f ·,~ CONGREBSIONAL RECORD-SENATE. 621 voring restriction of immigratiO.n-to the Committee. on Imml- Also, petition of Local Union No. 658 · Brotherhood of Paint gration and Naturalization. . ers~ Decorators, and Paper Hangers of America~ o:f Bryn By 1\fr. LEE: Paper to accompany hill for relief of Aleia Mawr~ Pa., favoring restriction of immigration-to the Com- Adams-to the Committee on War Claims. mittee on. Immigration and Naturalization. By Mr. LII\~SAY: Petition of 60,000 American residents of 1 Also, petition of Local Union No. 658, Brotherhood of Paint Alaska, for representation in Congress-to the Committee on ers, Decorators, and Paper Hangers of America, of Bryn Mawr, the Territories. Pa., for free alcohol in the arts-to the Committee on Ways and Also, petition of the Modisco Irrigation Association, of San . Means. Francisco, against that city obtaining a reservoir site in : Also, petition of Montgomery Council, No. 18, Junior Order Yo emite Park-to the Committee on Irrigation of Arid Lands: United American Mechanics, of Lansdale, Pa., favoring restric- By Mr. MAHON: Petition of Orbisonia (Pa.) Camp, No. 374, tion of immigration-to the Committee on Immigration and Patriotic Order Sons of Ameriea, and George W. Hicks and Naturalization. others, favoring restriction of immigration-to the Committee Also-, petition of Wilfred 0. Stover and other citizens of Lans- on Immigration and Naturalization. daie, Pa..., favoring restriction of immigration-to the Committee By Mr. PADGETT~ Paper to accompany bill for relief of on Immigration and Naturalization. William ·Hughes-to the Committee on Invalid Pensions. Also, petition of G. H. Larimer and other ladies of the Cur- By Mr. PATTERSON of PennsyJvania: Petitions of Wash- rent Events Club of Wincote, Pa., for preservation of Niagam ington Camp, No. 145, of Hegins, Pa., and Washington Camp, Falls-to the Committee on the Judiciary. No. 72, of Delano, Pa., Patriotic Order Sons of America; Hnrry By Mr. WEBB: Paper to accompany bill for relief of George E. Shafer, of Delano, Pa. .; Niobrara Tribe, No. 373, Improved Ramsey-to the Committee on Invalid Pensions. Order of Red Men, of Tremont, Pa., and Reiner City Council, , By Mr. WEEMS : Petitions- of Summit Ceun c~ No. 222, of No. 370', Junior Order United American Mecftanics, favoring Lewisville; Steubenville Council, No. 144, of Steubenri lle; restriction of immigration-to the Committee on Immigration Barnesville Oouncil, No. 190, of Barnesville; White Prince and Naturalization. Lodge, No. 742, of Neffs; :Martins- Ferry Council, No. 39, of Mar- By Mr. RAINEY~ Resolution for relief of Wiiiiam R. Payne- , tins Ferry; Hannibal Council, No. 28, of Hannibal; Ohio Val- to the Committee on Pensions. ley Couneil, No. 21, of Bellaire; Toronto Council, No. 10. of By Mr. RIXEY : Paper to accompany bill for relief of W. A.. Toronto ; Enterprise Council, No. 331, of Bridgeport, and Hand- McDonald-to the Committee on Invalid Pensions. , in-Hand Council, No. 36, of Charington, all in Ohio, Junior AI o, paper to accompany bill for relief of E. P. Ma.con- · Order United American Mechanics, favoring reshiction of immi- aughey-to the Committee on Invalid Pensions. gration-to the Committee on Immigration and Naturalization. By .Mr. SAMUEL: Petition of Red Cross Commandery, A.lso, petition of George M. Glassier and others, favoring re- R. and L 0. IL of M .• No. 27, of Milton, Pa., favoring restriction . striction of im.migration-to the Committee on Immigration and of immigration-to the Committee on Immigration and Natu- Naturalization. ralization. . Also, petition of Maynard Council, No. 61, Junior Order By Mr. SHARTEL: Petition of citizens of Missouri, favoring United Am-erican Mechanics, of Maynard, Ohio, and T. E. Boyd. I'estriction of immigration-to the Committee on Immigration jr., and others, favoring restriction of immigration-to the Com- and Naturalization. . mittee on Immigration and Naturalization. · By Mr. SHERMAN~ Petition of Seminole tribe, favoring By .Mr. WEEKS: Petition of Local Union No. 3.62.,. Brother- independent statehood f