-

11466 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3,

' CONFIRMATIONS. The motion was agreed to. Executive nominations confirmed by the Senate FebPuat·v 3, The Speaker announced the appointment of 1\fr, JENKINS, :Mr. 1908. LITTLEFIELD, and :Mr. HENRY of Texas, as conferees on the part COLLECTORS OF CUSTOMS. of the House. James Bl'ady, of Massachusetts, to be collector of customs for ADDITIONAL STENOGRAPHER TO COMMITTEE ON INVALID PENSIONS. the district of Fall River, in the State of Massachusetts. Mr. HUGHES of West Virginia. 1\fr. Speaker, I submit the Luke B. Colbert, of Massachusetts, to be collector of customs following privileged report from the Committee on, Accounts. for the district of Marblehead, in the State of Massachusetts. The Clerk read as follows : David 1\f. Little, of Massachusetts, to be collector of customs Resolution in lieu of House resolution 197. for the district of Salem and Beverly, in the State of Massa­ ResoZvea, That there shall be paid, out of the contingent fund of the chusetts. House, for the services of an additional stenographer to the Committee Obed G. Smith, of :Massachusetts, to be collector of customs on Invalid Pensions, for the session of the Sixtieth Congress, compensa­ for the district of Nantucket, in the State of Massachusetts. tion at the rate of $100 per month. The SPEAKER. The question is on agreeing to the resolu­ PROMOTIONS IN THE .A.BM:Y. tion. Coast A?'tillery Corps. Mr. WILLIAMS. Is this a unanimous report? Lieut. Col. John R. Williams, Coast Artillery Corps, to be Mr. HUGHES of West Virginia. Yes, sir. colonel from January 20, 1908. The question was taken, and the resolution was agreed to. Maj. William C. Rafferty, Coast Artillery Corps, to be lieu­ MESSAGE FROM THE PRESIDENT OF THE UNITED STATES. tenant-colonel from January 20, 1908. A message, in writing, from the President of the United Capt. Henry D. Todd, jr., Coast Artillery Corps, to b~ major States was communicated to the House of Representatives by· - from January 20, 1008. l\Ir. LATTA., who also informed 'the House of Representatives Capt. Thomas W. 'Vinston, Coast Artillery Corps, to be major that the President had approved and signed bills and joint from January 21, 1008. resolution of the following titles: First Lieut. Richard C. :Marshall, jr., Coast Artillery Corps, to On January 31, 1908: be captain from January 20, 1908. H. J. Res. 88. Joint resolution to amend the act of March 4; First Lieut. John 0. Steger, Coast Artillery Corps, to be cap­ 1907, making appropriations for the Department of Agricul- tain from January 21, 19Q . ture .for the fiscal year ending June 30, 1908, so as to authorize Cavalrv ATm. the Secretary of Agriculture to use for rent an increased pro­ Second Lieut. Peter J. Hennessey, Fifth Cavalry, to be first portion of the appropriation made by said act for rent for the lieutenant from January 21, 1908. Bureau of Forestry. POSTMASTERS. On February -1, 1908: ARIZOXA. H. R. 7606. An act to amend an act entitled "An act permit­ ting the building of a dam acress the Mississippi River near Francis D. Crable to be postmaster at Tombstone, Cochise the village of Bemidji, in Beltrami County, Minn.," approved County, Ariz. CONNECTICUT. l\Iarch 3, 1905 ; H. R. 9121. An act to authorize a bridge across the Missouri Alfred E. Goddard to be postmaster at Essex, Middlesex River at or near Council Bluffs, Iowa; County, Conn. H. R.10368. An act to authorize Secretary of War to change­ William H. Kenyon to be postmas~er at Moosup, Windham name of Julius Flemming to his proper name of Jacob John County, Conn. "EW JERSEY. Locher; H. R. 11330. An act to authorize the Chicago, Indiana and James E. Jones to be postmaster at Florence, Burlington Southern Railroad Company to construct and maintain a bridge County, N. J. NEW YORK. across the Grand Calumet River in the town of Gary, Ind.; H. R.11331. An act to authorize the Baltimore and Ohio and E. A. Drew to be postmaster ·at Tupper Lake, Franklin Chicago Railroad Company to construct a bridge across the ·county, N. Y. )Ostmaster at Hammond, St. Law- Grand Calumet River at or near the town of Gary, Ind.; and Daniel D. Moyer to be I H. R.12412. An act to authorize the Missouri and North Ar- renee County, N. Y. kansas Railroad Company to construct a bridge across Cache ; River in Woodruff County, Ark. DEBT OF SANTO DOUINGO. The injunction of secrecy was removed February 3, 1908, MESSAGE FROM THE SENATE. from the report on the debt of Santo Domingo (Ex. Doc. No. 1, A .message from the Senate, by Mr. CROCKETT, its reading 59th Cong., 1st sess.) submitted to the President of the United clerk, announced that the Senate had passed bills and concur­ States by Jacob H. Hollander, special commissioner, on Octo­ rent re olution of the following titles, in which the concurrence ber 1, 1905. of the House of Representatives was requested: I ~ S. 4098. An act for the construction of a steam vessel for the, Revenue-Cutter Service for duty on the coast of Oregon; CODES OF INTERNATIONAL LAW. S. 4380. An act for the construction of a steam vessel for the The injunction of secrecy was removed February 3, 1908, Revenue-Cutter Service for anchorage duty at the port of New from a convention signed at Rio de Janeiro on August 23, 1906, York; · by the degelates of the Governments represented at the Third S. 533. An act for the relief of A. A. Noon; and International Conference of American States, looking to the Senate concurrent resolution 28. establishing of an international commission of jurists for the Resolved 7Jy the Senate (the House of Representatives concurring), purpose of preparing draft C'odes of private and public inter­ That there be printed 2,500 copies. of Senate Document No. 189, Fifty­ national law regulating the relations between the nations of eighth Congress, third session, being the report of the Public Lands Commission, with appendix, 1,500 copies for the use of the Public Lands America. Commission, 500 for the use of the Senate, and 500 for the use of the House of Representatives. HOUSE OF REPRESENTATIVES. INCREASE OF PENSIONS OF WIDOWS AND MINOR C~DREN. 1\fr. SULLOWAY. 1\Ir. Speaker, I move to take up the bill ~1oNDAY, February 3, 1908. H. R. 15653, suspend the rules, and pass the bill. The House met at 12 o'clock m. The bill was read, as follows : Prayer by the Chaplain, Rev. HENRY N. CoUDEN, D. D. A bill (H. R. 15653) to increase the pension of widows, minor children, The Journal of the proceedings of Friday last was read and and so forth, of deceased soldiers and sailors of the late civil war, approyed. the war with Mexico, the various Indian wars, and so forth, and to grant a pension to certain widows of the deceased soldiers and sailors NORTHERN JUDICIAL DISTRICT OF TEXAS. of the late civil war. Mr. JENKINS. Mr. Speaker, I can up from the Speaker's Be it onactea, eto., That from and after the passage of this act tho table the bill S. 485, with House amendments disagreed to by rate of pension for widows, minor children under the age of 16 year~, the Senate. and helpless minors, as defined by existing laws, now on the roll or hereafter to be placed on the pension roll and entitled to receive a less The Clerk read as follows: rate than hereinafter provided, shall be $12 per month; and nothing A bill (S. 485) to create, a new division of the northern judicial herein shall be construed to a.J:!ect the existing allowance of $2 per' district of Texas and to provide for terms of court at Amarillo, Tex., month for each child under the age of 16 years and for each helpless ' ·, and for a clerk for said district, and for other purposes. child; and ·a!l acts or parts of acts inconsistent with the provisions ot this act ar"e· hereby repealed : Provided, howcvet·~ That this act shall Mr. JENKINS. lUr. Speaker, I moye that the House insist not be so construed as to reduce any pension unum· any act. public or on the House amendments and agree to' the conference asked. · private.

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1908. CONGRESSIONAL RECORD- HOUSE. 1467

SEC. 2. That if any officer or enlisted man who served ninety days Mr. YOUNG. Will. the gentleman tell the House bow much or more in the Army or Navy of the United States during the late civil war and who has been honorably discharged therefrom has died money this bill will cost 1 or hall hereafter die, leaving. a widow, such widow shall, upon due Mr. SULLOWAY . It is estimated in the report of the com­ proof of her husband's death, without proving his death to be the result mittee that it will take some $12,000,000. of his army or navy service, be placed on the pension roll from the date of t he application therefor under this act at the rate of $12 per Mr. KEIFER. If the gentleman will allow me, I think the month during her widowhood, provided that said widow shall have estimate made by the Commissioner of Pensions is that this married said soldier or sailor prior to June 27, 1890; and the benefits bill, by increasing the pensions of widows who are now receiv­ of t his section shall include those widows whose husbands are given a pensionable -s tatus under the act of February 15, 1895, and the joint ing pensions, would only add tci the pension rolls a little over re olutions of July 1, Hl02, and June 28, 1906. $6,000,000. SEC. 3. That no claim agent or attorney shall be recognized in the Mr. SULLOWAY. This would be true if it only applied to adjudica tion of claims under the first section of this act, and that no agent, a ttorney, or ot her person engaged in preparing, presenting, or civil-war widows, but it takes in the widows of all wars, prosecuting any claim under the provisions of the second section of this which makes the additional increase. act shall, directly or indirectly, contract for demand, receive, o-r re­ 1\:Ir. BONYNGE. I desire to ask the chairman of the com­ tain for such services in preparing, presentrng,1 or prosecuting such claim a sum greater than :ji10, which sum shall be payable only upon mittee whether, if a soldier was discharged from the service on the order of the Commissioner of Pensions by the pension agent making account of injuries or disabilities incurred in the service prior payment of the pension allowed ; and any person who shall violate to the expiration of ninety days, his widow can obtain a pension any of the provisions of this section or who shall wrongfully withhold from the pensioner or claimant the whole or any part of a pension or under this bill without showing that the soldier died from the claim allowed or due such pensioner or claimant under this act shall effects of wounds or disabilities contracted in the service? be deemed guilty of a misdemeanor, and upon conviction thereof shall, Mr. SULLOWAY. This bill in no way changes existing law for each and every such offense, be fined not exceeding $500 or be im­ in that respect.' prisoned at hard labor not exceeding two years, or both, in the dis- cretion of the court. · Mr. BONYNGE. Is there any reason why the widow of a soldier who was discharged prior to the ninety days of service The SPEAKER. The gentleman from New Hampshire mo\es on account of wounds or injuries incurred in the service should to suspend the rules and pass the bill just read. Is a second not have a pensionable status? demanded? Mr. SULLOWAY. That is not the question before the House Mr. U1\TDERWOOD. Mr. Speaker, in order that we may at this time. ha\e an explanation of this important bill, I demand a second 1\Ir. KEIFER. She can get that. for that purpose, and ask the gentleman from New Hampshire 1\Ir. BONYNGE. Not without showing that the soldier died to explain the bill. from the effects of wounds or disabilities. ' Mr. SULLOWAY. Mr. Speaker, I ask unanimous consent 1\Ir. SCOTT. Will the gentleman.yield for a question? that a second may be considered as ordered. 1\:Ir. SULLOWAY. I will, although I would like to inquire There was no objection. whether our friend on the other side wants to occupy any time The SPEAKER. The gentleman from New Hampshire [Mr. or not? SULLOWAY] is entitled to twenty minutes and the gentleman Mr. SCOTT. I desire to inquire whether the committee has from Alabama [Mr. UNDERWOOD] is entitled to twenty minutes. considered the proposition of changing the provisions in the Mr. SULLOWAY. Mr. Speaker, this bill seeks to accom­ act of f890, by which the date of marriage might be extended plish two purposes-two results, and only two. to a later period? . The first section of the bill relates only to the ratings of the Mr.- SULLOWAY. We have made no change fi·om that law pensions of widows and minor children. It makes the minimum in this bill in this respect. pension if enacted into law $12 instead of $8 per month. It in .Mr. SCOTT. I s there likely to be any recommendation from no way changes existing law as far as the claims are concerned. the committee in regard to that? .It relates solely to the rating, and only the rating, and will Mr. SULLOWAY. I can not speak for the committee on make the rate of pension $12 instead of $8 per month. Your that. I think that this is about all we should do at this time. committee believe the time has arrived when every widow of a If this bill becomes a law, it will relieve a great many Mem­ soldier who served the requisite length of time to give her a bers who have bills pending increasing the pensions of widows pensionable status under existing law should not be compelled suffering with physical disabilities, dish·essed by poverty and or asked to li've on a pension of $8 per month. [Applause.] mental anguish. With this class of cases eliminated it will The second section does this one other thing, and these are the give your committee more time and attention for other meri- two things and the only two things which are done by the bill: torious claims. • In the act of 1890, we unwisely, I belieYe, and I thought so at The one great class of pensioners who will be benefited if the time, provided that if a widow had an income of $250 per this becomes a law appeals to me and my sense of justice most year she was not pensionable. The result of that bas been that strongly, and I believe that all fair-minded people will agree in all human probab,ility it has cost the Government more to with me when I state the fact that of the 184,000 widows who investigate, appraise, ascertain, guess, wonder, and query whether are drawing pensions of only $8 per month under the act of a woman by some sort of economy in life had acquired and June 27, 1890, more than 30 per cent, or 54,000, were the wives would possibly have received or should have recei\ed an income of the soldiers during the war, each one of whom shared with of $250 u year than it would have cost to give her the pension. her soldier husband in the hardships, caring for the home and This feature of the present law has worked a great injustice children, if children they had. Her anxiety never for one mo­ to many widows who, on account of the interpretation of the ment ceased. She never kissed the little ones to bed at night law by the Bureau, have been kept off the pension rolls. As to knowing whether the husband and father was living or dead, how this operated I will give you an instance of a case that came whether he was wounded and suffering on some bloody field of within my own knowledge. A soldier went through four years battle, or a prisoner hungry and starving, her children father­ of the war and left a widow and daughter: He died without less, and she a widow. To such this nation owes what it can leaving a will. Under the law in our State the daughter took never repay, and in the declining years of these widows we two-thirds of the property. The widow made an application for can grant them this increase of pension to $12 per month, and pension and the special examiner went there and reported that I believe for so doing it will be said, "Well done!" [Ap­ there was so much real estate, this much of this and .that mucb plause.] of that, and while it was mortgaged for all it was worth, and Without taking more time, I will print as a part of my re~ the daughter was entitled to two-thirds of it, the widow was marks the report of the committee accompanying the bill, which charged up with e~ery bit of the property, while in reality she contains a detailed statement of the result that will be accom­ had scarcely enough left in her equities to buy a barrel of flour. plished if the bill is enacted into law. The claim was rejected. Another claim was then filed, and the [House Report No. 531, Sixtieth Congress, first session.] whole proposition was gone over again, and finally the special 'l'he Committee on Invalid Pensions, to whom was referred the bill examiner said they had a clay bank which might be sold for (II. R. 15653) to increase the pension of widows, minor children and of deceased soldiers and sailors of the late civil war, the war 'with brickmaking, when in reality there was not a brick kiln within Mexico, the various Indian wars, etc., and· to grant a pension to cer­ 20 miles of · the place. The clay would not have been worth tain widows of the deceased soldiers and sailors of the late civil war drawing. Finally, after months and months of effort, her pen­ submit the following report: ' sion was allowed. I speak of this to show the way in which A year ago Congress passed an act granting pensions to certain soldiers of the late civil war and the war with Mexico, known as the this feature of the act of 1890 works. Your committee, believ­ McCumber Act, which provided a minimum rate of $12 per month t o lng that it was wise to strike that provision from the bill, have soldiers who had arrived at the age of 62 years and a maximum rate of $20 per month to those who had arrived at the age of 75 years. recommended this legislation; and that, with the rating in the No provision for an increased rate of pension was then made for the first section, is all there is in this bill. It has the unanimous widows of the soldiers who served in these wars, and, fully realizing support of the committee. that while it is not the policy of the Government to provide full support for widows of soldiers, your committee believe that an increased Mr. YOUNG. Will the gentleman yield t o a question 1 rate of pension for these widows should nevertheless be granted to Mr. SULLOWAY. Certainly. . prevent absolute want. 11468 CONGRESSIONAL REOORD-_HOUSE. FEBRUARY 3, ------,------~------~------Your committee now presents a bill granting to the widows of soldiers band thus stricken remained in helplessne s until the little of all wars who are now reeeiving, or may hereafter be entitled to receive, a pension of $8 per month, an increase o! $4 per month, so as property he had accumulated had all been dissipated, and to make their pension $12 per month. until the strength and health of his wife ha.d also been shat­ '!'his part of the bill goes into eJieet from the date of its passage, tered by days and nights of ceaseless vigil, so that when at and the increased rate is granted to those widows who are now draw­ ing pensions without the necessity of making application at the Pen­ last death relie-ved him of his suffering his widow was ·left sion Bureau, as the same mode of procedure can be applled to the penniless, hopeless, and helpless, forced in her old age to be­ execution of this act as has heretofore been done when the pension of come a public charge or to become the humiliated recipient of genet·al-law widows was increased from $8 to $12 per month under the act of March 19, 1886, and the minimum rate of pension of $6 per grudging private charity. Surely in such cases as these there month was established by the act of March 2, 1895, namely, through is a touching and powerful appeal, not only to our sympathies the several a"'encies for the payment of pensions. but to our sense of justice, and I regret exceedingly that the At the same time the bill provides in section 2 that, from and after the date of its passage, applications for widows' pensions under the measure before us does not lift the ban and confer its benefits act of June 27, 1890, as amended by the act of May 9, 1900, may be on all wid ws of soldiers, no matter when the marriage was made by and allowed to those widows who formerly were barred ' contracted. Unfortunately the bill comes before the Hou e thereunder by reason o:t the fact that they possessed resources from which an actUal net income in excess o:t $250 per annum was derived under a rue which makes amendment impossible, and I shall or derivable. therefore, not attempt to have it amended. I can not but These widows will be "'ranted the same rate of pension as those believe, however, that before very long this House will be gi-ven mentioned in section 1, and the same limitation as to date of marriage is made applicable to them as is contained in the original act of June an opportunity to do justice to a most deserving class of devoted 27, 18!)0. women. This section of the bill, it will be seen, is not retroactive ; hence application for its benefits must be made to the Pension Bureau after While addressing myself to this general subject, l\Ir. Speaker, the date of its passage. I beg to say a few words touching other change~ in our pension It has been found in the adjudication of this class of claims under laws, which I think are demanded by every consideration of existing law (act of May 9, 1900) that the Pension Bureau has been put to great expense to arrive at a just finding in these claims, many humanity and patriotism. Four years ago I ha.d the honor to of which had to be placed in the hands of special examiners to de­ introduce into this body a bill providing a pension of $30 a termine the question of dependence, and many of which were rejected month to all honorably discharged civil war soldiers who, by upon the sole ground that because the claimant owned property which was used as a home the potential income from the- same would exceed reason of injury or disease, whether incurred in the service $250 per annum. By eliminating this proof of dependence the Pension or out of it, were rendered so far helpless as to require the Bureau will save almost as much in expenses as the additional burden constant attendance of another person. One reason why I to the pension appropriation bill will entail. The cost of the bill if enacted into law will approximate $12,741,300 wished that bill passed was because it would practically elimi­ per year, divided as follows, this estimate being based on the number nate what has been so frequently referred to as the "special· o:t widows, minor children, and helpless minors on the pension roll on bill evil "--eliminate it by making it unnecessary. June 30, 1907 : CIVIL WAB. As it is now, the passage of a special act giving any soldier 183,071 widows, minors, and helpless minors, pensioned un­ a higher pension than he would be entitled to undel' any general der the act of June 27, 1890, at an increased rate of $48 law is necessal'ily unfair discrimination. One man is chosen per year ______$8,816,208 from among hundreds or perhaps thousands of his conu·ades, all 2,486 widows pensioned under the general law at $8 per just as deserving as he, and for his individual benefit the whole month (act of March 19, 1886), at an increase of $48 per year------~------119,328 legislative machinery of the nation is set to work. With the MEXICAN W .A.R. utmost possible diligence on the part of our Committee on In­ 6,880 widows, at an increase of $48 per year______:_____ 330, 240 valid Pensions and their clerks _it is physically impos ible, as INDIAN WA.RS. we all know, to reach more than a mere fraction of the cases 3,081 widows, at an increase of $48 per year______147, 888 that we know to be deserving. In my own district I have no is REGULAR EST.A.J3LISH~IENT. doubt there are at least 100 ex-soldiers, each of whom wholly 172 widows, at.. an increase of $48 per year______8, 256 without income except the pension he may now be receiving SPANISH WA.R. under some general law and each not only incapable of earning 153 widows, at an increase of $48 per year______7, 344 anything, but in a condition of practical physical helplessne s. No amount of importunity or diligence on my part could make Total------9,429,264 it possible for me to secure the passage of a bill for the relief It is estimated that about 18,000 widows may apply for pension under of more than five or six of these men when such relief can the second section of this bill (having had no prior title by reason of their non dependence under the act of May 9, 1900). The cost of these only be afforded through a special act, and yet they all de­ claims at $144 per year will amount to 2,592,000. serve relief as much as any one -of them does. We know that It is further estimated that there will be a yearly increase in the the pension of twelve, fifteen, or twenty dollars a month number of widow pensioners (over and above · the loss by death) of about 5,000, which would further increase the annual cost to the which these men are now receiving is not sufficient to pro­ amount of 720,000, so that the total cost of this bill if enacted into vide them and those who wait upon them with the barPst neces­ law will amount to .about 12,741,000. saries of life. The difference between what they now receive The first section of the bill, as above stated, applies to every widow pensioner now on the rolls at $8 per month and includes, therefore, and what theil' living actually costs must be made up to them not only the widows of soldiers who served in the civil war, but those by public charity or private beneficence; it must come from who erved in the war with Mexico, the various Indian wars, the war the contributions of their friends _or from the charity with Spain, the regular military and naval _peace establishment, ·ana one widow of the war of 1812 receiving a penswn of $8 only. funds of the town or the county in which they live. Would The committee unanimously recommend the passage of the bill, be­ it not be -vastly better if this difference between the pen­ lieving that the benefits therein granted are fully merited. sion that they now receive and what their living actually 1\fr. SCOTT. l\Ir. Speaker, I am very sorry to hear the gen­ costs should be made up by the Government, not grudgingly as tleman speak so positively and discouragingly as to the pros­ an act of cha.I·ity, but proudly as the payment of a debt of honor pect of early leo-islation along the line indicated by the ques­ and gratitude for the sacrifices these men endured and for the tions which I addressed to him. The act of June 27, 1890, very immeasurable servlce they rend~red? properly contained a provi ion limiting its benefits to those There is still another measure pending before our Pension women who had married their sold,ier husbands prior to the Committee, l\fr. Speaker, which I most earnestly hope will passage of the act. But it will now soon · be eighteen years receive early and favorable consideration. It is a bill inh·o­ since that act was passed. l\len who haYe now reached the age duced by my colleague, l\Ir. ANTHONY, to give a pensionable of 70 were_ then but 52 years old-in the very prime of their status to the men who served in the Kansas State Militia dur­ physical and mental strength. To hold that a woman who ing the civil war. It was in the very high tide of the rebellion, married a soldier any time within ten years after the passage when every man of the regular troops in the field was needed of that act with full knowledge that by the very terms of the at the storm centers of the conflict, that Gen. Sterling Price, of act he would be barred from a pension in the event of .his the Confederate army, with 20,000 men under him, started denth--to hold that under such circumstances a woman con­ on his raid through Missouri and Kansas. That this. raid tracted marriage with a soldier for the low and mercenary must be resisted, and that many thousand troops would ha\e motive of drawigg a pension after his death-seems to me pre­ had to be withdrawn from the main lines of battle where posterous. fIn point of fact there is not a man on this floor tl1ey were so sorely needed had it not been for the services who does not know, within tl;te range of his own acquaintance, of the Kansas Militia goes without argument. But with the scores of cases in which the soldier husband remained in courage and patriotism which so distinguished all our citizens . vigorous health, easily earning an ample livelihood for years throughout that period the few men who remained in Kansas-­ after a marriage which occul'red subsequent to the passage of for Kansas sent a greater p~;oportion of her citizens into the the act of 1800, but who finally succumbed to disease, often of Union armies than any other State in the Union-the boys and a lingering nature, which not only robbed him of his earning the old men responded to the governor's call and, uniting with capacity but made him a constant burden and expense upon his the few regular troops which were available under the com­ family. Personally I know of many cases, and I doubt not in mand of United States Q:fficers, drove the enemy from the the aggregate there are thousands of them, in which the hus- State, rendering in thirty days a service- which, in point of 1908. CONGRESSIONAL RECORD-HOUSE. 14·69

hardship endured and losses suffered and results achieved, fact that by the complex mathematical calculation of the Pen­ might compare favorably w~th many other campaigns of many sion Office their net incomes are in e~cess of $2GO per annum. times longer duration. It is true that these men were in the The Pension Office has been put to great expense to arrive ut service of Kansas only and were never enrolled in the armies a proper finding in these claims, many of which are investi­ of the United States; but it is also true that they did not gated by special examiners, and this bill will save almost as stop at the State line when pursuit of the enemy led them be­ much in expense as the additional pensions granted will entail. yond it, and it is true that the service they rendered was a It is also estimated that the yearly increase in the number of service to the nation, for it was against the enemies of the widows' pension is about 5,000, so that this measure will di­ nation and not against the enemies of Kansas only that they rectly benefit and help, in all, 219,443 widows. fought. In all justice and patriotism, therefore, the survivors The expenses of the Pension Office during the last year on of these militia regiments are entitled to the honor which their account of widows' pensions was $34,335,015.57, and the esti­ recognition upon equal footing with the regularly enlisted mated increase by this bill will make the total expense fo1· the soldiers of the Union would give them, and to the succor which coming year for the widows and minors $47,076,105.57. the modest pension would afford them now in the days of their The expense last year was divided as follows: weakness and poverty and age. Widows of the Indian war______$34, 775. 94 Widows of the Mexican war and dependents______747, 648. 73 In what I ha\e said I do not wish to convey a hint of unkind Widows and dependents of the war with Spain______842, 548. 10 criticism against the members of our Pension Committee nor Widows of the civil war, under act of June 27, 1890 ___ 18, 976, 704. 22 Widows of the civil war, under general law ______12, 505, 450. 21 to appear lacking in appreciation of the splendidly generous Widows, regular establishment______737, 058. 37 pension legislation which this committee has in years past in­ itiated and is at the present time bringing forward. Experience Total ______34,335,015.57 bas shown that the act of February 6, 1907, has increased by The increase carried by this bill will be divided as follows : $20,000,000 annually the amount our soldiers will receive. It Widows of the Indian wars------$147, 888 Widows of the war with Mexico______330, 240 is estimated that the act which will be passed here to-day, in­ Widows of the war with Spain______7, 344 creasing the pensions of all widows to $12 a month, will add Widows, minors, and helpless minors, act of June 2'1, 1890_ 8, 816, , 20~ not less than $12,000,000 annually to the widows' pension roll Widows under general law------119, 32o Surely a committee which in two successive years brings for­ Widows under regular establishment______8, 256 ward legislation which in the aggregate adds more than Total increase ______.:. ______9,420,264 $30,000,000 annually to a pension list already generous beyond Estimated: 18,000 widows, having no prior title ______2,502,000 all precedent, can not be charged with lack of sympathy or 5,000 widows, estimated increase next year ______patriotism or the sense of justice. 720,000 The pension legislation of the United States is a standing and Total cost of present bill ______12, 741, 264 unanswerable rebuke to the pessimist who declares that repub­ By the passage of this bill we not only honor the memory of lics are ungrateful. Never in all the tide of times has a nation the gallant soldier dead, whose widows we thus assist, but we treated with such lavish generosity the men who fought its impress upon the knightly soldiers living our gratitude for their battles, and the women, the wives and mothers who bore their valor and services in time ·of need, and give them the assurance full share of the heavy burden. The soldiers of the district I of the nation's watchfulness over their widows when they are have the honm.· to represent are not unmindful of this gener­ deprived of their husbands' comfort and support. [Applause.] osity or lacking in appreciation of it, and I should be but a poor The widows are entitled to this consideration and the benefits spokesman for them if I were to give any other impression of of this bill. Most of them are advanced in years and many their sentiment. have no other income than their small pensions. Their hus­ nut not only the soldiers of my district, Mr. Speaker, but all bands came to the support of this Government in its hour of the other people in it believe that in the directions I have indi­ need, and a great and prosperous nation should save their cated the generosity of this great nation might be still further widows from want and afford them the comforts of life. This extended without disadvantage to any of its interests, without is not a measure of charity, but an act of justice; not a matter appreciable burden to any of its citizens, and with infinite ad­ of sympathy, but a token of gratitude. Gratitude to the men vantage to itself. While I shall vote, therefore, for this measure who defeated the army of Mexico and added to our territory the as it is, I shall do so in the confident hope that it will be fol­ g:reat Southwest and to our wealth untold millions; to the men lowed by other measures of like character but more extended 'JhO preserved the nation and cemented the Union of States; to scope that shall still further attest the gratitude of our people the men who rescued Cuba from a tyranny that was both cruel to the men who alone made it possible for us to assemble here and exacting. The story of the patriotism, bravery, and heroism as the Congress of "The United States of America." of these men will be forever cherished in the recollection of a l\fr. UNDERWOOD. Mr. Speaker, I want to say that I am grateful people and the poet's lyre will forever sing their praise in favor of this bill because it carries out a principle of legis­ with its choicest notes. [Applause.] lation that I believe to be right. I believe the most unfair The people do not begrudge this money for the care and sup­ legislation that is passed by Congress on the pension question port arid the comfort of these widows. They remember the is to be found in the private pension bills that we pass; not hardships, sufferings, and deprivations endured by their hus­ that I am criticising the Pension Committee, because I believe bands. They recall the heroic patriotism of the soldiers who they have done their work well and thoroughly; but a private left their homes and loved ones and presented themselv-es to pension bill is a matter of favoritiSm; it is a matter of being their country to be uniformed for battle and robed for death. able to reach an individual Congressman. I believe all pen- " No pen will ever place on history's page the full measure of • sioners should be put on the same basis and that we should domestic tenderness and heroic patriotism of the volunteer sol­ pass general pension laws that would apply equitably to all dier who at the gate of his humble cottage, with weeping wife soldiers who are entitled to relief and not pass as many pri­ at his side and loving children at his feet, ga'f in solemn tones vate pension bills as we do, but m~ke a general pension law to to the muster officer his name for the army." • . fit the case as far as practicable. Far that reason I favor a Under the law now (act of Jtme 27, 1890) for the widow to general bill of this kind. receive $8 per month she must be without income or means of ' support other than her daily labor and an actual net income . Now, Mr. Speaker, I yield five minutes to the gentleman from not exceeding $250 per year. Under the rigid rules of the Pen­ Indiana [1\lr. DrxoN]. sion Office the rent of the home, if owned by the widow, is l'Ur. DIXON. Mr. Speaker, on the first day of this session counted as part of that income, and frequently this alone equals of Congress I introduced a bill to grant to every widow of a one-half the total sum allowed. soldier of the civil war who had been honorably discharged a This was not a liberal construction of that law, but no doubt pension of $12 per month. While the present bill is not quite was a correct technical interpretation thereof. Under existing as broad as"'that measure, I rejoice that I am a member of the law for a widow to receive $12 per month her marriage must committee that unanimously reported this bill, and which very have been prior to 1886 and her husband's death must have properly will be known as the Sulloway bill, in honor of the been due to Army service. committee's distinguished soldier chairman. The widow's need of a pension is not based upon the cause of This bill increases the pension of 196,443 widows from $8 her husband's death, and this amount of pension should not be per month to $12 per month. It includes the widows, minor measured thereby. " It is true the widows did not fight upon children, and helpless minors of deceased soldiers and sailors the field of battle, but in all wars there are battles fought and of the late civil war, the war with Mexico, the various Indian victories won far removed from the smoke of battle and the wars, and the war with Spain. noise of guns. In thethomes were wives fighting the battle for It is estimated that it will add 18,000 new names to the pen­ support of their families while husbands were :fighting the bat­ sion rolls who are now excluded therefrom by reason of the tles of their country. [Applause.] il470 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3,

" These noble women passed many days and nights in dread months ·of military duty in the field, exposed to the storms of and fear while waitin"' for the report of battles to scan the list winter, suffering untold hardships, and enduring many priva­ that contained the names of dead and wounded. They were as tion , would weaken the physical system and render it less able faithful and loyal as the soldier in battle." No monuments to re ist disease. Prisoners of war for months would naturally have been erected to their mem_ory and no statues commemorate be susceptible to disease, their systems weakened by confine­ their virtues, but a grateful nation should ever hold them in ment. Is it not time to recognize these facts and help tho e loving remembrance. [Applause.}_ . with a substantial pension who are not able to help themselyes? While this bill helps the Widows, and the soldiers of the Are they not entitled to $30 per mop.th? counti·y will rejoice at its passage, yet I would like to see this They. responded when the country called; they gave their Congress pass some liberal measure for those brave men who services when needed; they fought the country's battle; they fought the battles and endured the hardships and privations of won its victories; they saved the Union. Are they not entitled to Army service. The soldiers ha\e now arrived at an advanced fair ti·eatment? They did not enlist for pay; money was not age, their physical disabilities render manual labor imp9ssible, considered, ambition did not whisper in their ears, military and their pensions are inadequate for their support and com­ renown was not dreamed of; they went to support their coun­ fort. No mere money consideration can pay them for the ·pain try and to do a soldier's and a citizen's duty, and now, in their and suffering anu the har_dships and privations they endured, old age and helplessness, this nation can afford to be gener­ and a more liberal pension would be a recognition of their serv­ ous to these men. Such a law would allow large sums of money ices. now u ed in the administration of the Pension Office to be ap­ This country can well afford to furnish these soldiers with plied to the payment of pensions. such pensions as to assure them the comforts of life and a Last year the expenses of 'the Pension Bureau were as ·fol­ proper support. lows: When the conntry needed help they responded to the call. Medical examinations------·------$490, 573. 59 They came from the farms, the shops, the mills, and the profes­ Salaries at pension agencies______499, 845. 44 Rents and contingent expenses------31, 321. 70 sions, each man ,anxious to do a soldier's duty. These men, Examinations of agencies------47. 55 trained to the pursuits of peace, abandoned their avocations and Salaries, Pension Bureau ______1, 606, 006. 60 became soldiers. In battle, on the march, in camp, hospital, and Special examiners ------434, 318. 70 prison they displayed the loftiest elements of pati·ioti m. Their Total ______3,152, 113.68 work and its results are woven into the country's history and While the added expense would be great, yet when we consider have become the sacred .possession of our people. I have intro­ our resources and wealth and our lavish expenditures in all other duced a bill materially increasing ·the pensions of our soldiers, governmental departments, it does not appear so large. Eco­ and I hope to see them all receive not less than $30 per month, nomical expenditures in the Government service instead of ex­ or at least $24 per month; personally I prefer the larger amount. tra\agant expenses would sa\e more than these pensions would They would then know that their services had been appreciated amount to. The people would neyer protest or object to gen­ and the appreciation shown in a substantial manner. The bill erous treatment of the soldier. Four new battle ships will giving $30 per montb to soldiers who had served eighteen months cost about forty millions, and it is said they will be provided and over and $20 for those of shorter service would be gratefully for. appreciated. ~hope some measure of assistance will be passed The pension roll is now smaller than it has been since 1893. by this Congress, but as a rule we are told to wait; but while we It now contains 967,371 names, the total net loss last year being wait thousands of these brave men are dying yearly. 18,600. The survivors of the civil war on the pension roll now Their ranks are gradually getting thinner, and but a few number 644,338. The deaths last year of the e soldiers were years more and the last of these soldiers will be laid to rest 31,201. and their senices and histm;y will be but a treasured memory. The passage of this bill is in response to the uniYersal de­ The McCumber Act.of February 6, 1907, was a help to many mand for fair treatment of the soldiers' widows. I am glad deserving soldiers. . It is based on age alone, where the senice to support it and to haYe aided as a mert1ber of the Invalid was ninety days and the discharge honorable. To June 30, Pensions Committee in securing a favorable and unanimous re­ 1907, the end of the fiscal year, there had been added but 1,794 port recommending its passage. new names to the pension roll, although 120,355 claims had been I was glad to support and vote for the McCumber Act of allowed. The reissue of certificates to the Mexican soldiers February 6, 1907, and hope for an opportunity to still further numbered 2,195 and those of the civil war 116,366. These assist the soldiers by voting for a more liberal and generous figures plainly demonstrate that its chief beneficiaries are pension law. those whose mental or physical disabilities allowed them a pen­ Now, nearly forty-fiye years after the close of the war, our sion under former laws, but a smaller amount than given under nation, strong and prosperous, must not lono-er neglect tho e who this law. These represent but one-third the claims filed, but came to its rescue when in danger and preserved it when in the percentage of original pensions granted would, no doubt, peril. I can but reiterate a portion of what I aid February 4, be about the same, so that the total new names· will be be­ 1907, when the :McCumber bill was before the House for tween 5,000 and 6,000. consideration. Prior to 1 00 our pension laws were based solely upon phys­ The soldiers were modest in their demands upon the country for help ; ical or mental disability of the claimant, and these must have they appreciated the enormous indebtedness of the nation at the close beel). proven to have been of service origin. Physical disability, of the war, and ten years after its close but 5 per cent of the surviving soldiers had applied for pensions. This small per cent included all no ma-tter how great, would not answer; such disability must those who bad been wounded, those enfeebled in prison confinement, be clearly pro\en to be due to Army service. Proof satisfactory and those sufl'ering from diseases contracted in the service. And now, to the BuTeau was difficult to obtain; comrades were dead, forty-two years after the close of that war, in our strength and pros­ perity we should not neglect our defenders who supported us in om· hospital records frequently silent, · and thousands of worthy weakness and need. On every battlefield of the war they gave added and deserving cases were disallowed. Thousands of soldiers testimony to the high character and quality of American soldiery. who had given from one to four years' service to their country, They exhibited the same American spil'it that characterized the achieve­ ments of the Revolutionary war. Their bravery and devotion have who were suffering from diseases that rendered them unable immortalized the battlefields of the civil war, and their struggles for­ . to earn a living, were denied recognition or help from the ever settled the question of human slavery and peaceful separation. nation they had preserved. The protest became so loud, the The settlement was right, and all sections to-day ratify that" solution, and the character ·of the nation at home and abroad is higher by rea­ wrongs inflicted so great, that the act of June 29, 1890, was son of that war. They established beyond question the American doc­ pa ed, and this gave to the soldier with ninety days' service trine that the volunteeL· soldiery, taken from the ~ursuits of industrial and honorably discharged a pension of six to twelve dollars if life, can be depended upon to defend the country m time of war. The American citizen, h·ained to peace and the pursuits of industry, leaves he was disabled from the performance of manual labor, by his farm, quits his employment, and abandons h.is books and profe sion reason of physical or mental disability, rendering him unable when his country calls. How gladly and proudly he marches forth to in a greater or lesser degree to earn a living. battle for his country's cause ! From the independence of the farm and from the struggles of the city, of all political opinions and with all The disability of Army service entitling a soldier to $30 per r~ligious creeds, the soldiers come, all devoted to a common cau e. The month would secure but $12 under this act. There are many hardships of war cheerfully sufl'ered; the brunt of battle gladly borne; thousands of helpless soldiers to-day, many of them blind and defeat in battle but arouses him to more vigorous action ; anu victory is followed by magnanimity and kindness. His fame will be heard for para zed, who receive but $12 per month. centuries, and the poet's lyre will forever sing his praises with her Tl:ier'e are thousands more so weakened by disease as to ren­ choicest notes. The American soldier was the pride of the eighteenth der them wholly unfit for manual labor who depend almost en­ century, the marvef of the nineteenth, and the glory of the twentieth. tirely upon a pension of only $12 per month. Their condition [Applause.] can not be satisfactorily established t be due to their Army Mr. FULTON. 1\fr. Speaker, I desire to inquire first whether service. Many of them had from two to four years of hard and or not an amendment will be ent~rtained at this time to this exacting Army service. It is certainly true that years or even bill? 1908. CONGRESSIONAL RECORD-HOUSE. 11471'

The SPEAKER. Under the rules it is not in order. the same committee which reported the one now under discus­ Mr. FULTON. I do not desire anyone to think for a moment sion. This bill is H. R. 6100 and reads as follows : because of the question a-sked that I am opposed to the bill in A bill (H. R. 6100) to provide a pension for all surviving officers and its present fonn or that I would retard its passage. On the con­ enlisted men in the military and naval service ot the United States trary, I heartily indorse it. I take the position, however, that in the war of the rebellion. it does not go far enough. I go on the theory that when you Be it enacted, etc., That the Secretary of the Interior is directed to place on the pension roll the names of all surviving officers and enlisted desire to reward personslohllhould reward them in proportion and drafted men, including militia and volunteers of the military and to the service rendered. W e it is true that those who took naval. forces of the United States, who served not less than sixty days part in the memorable c flict of 1860 and 186& set a standard in the war of the rebellion and who were honorably discharged. SEC. 2. That pensions under the preceding section shall be at the for bra-rery and heroism that never has been, and I doubt ever uniform rate of $40 per month and shall be paid to the person entitled will be, equaled in the history of the world, yet we had bravery thereto for the t erm of his life from and after the 1st day of .July, and heroism of as high a type displayed by their wives at home. 1908: Provided, That said section shall not apply to any person who is receivin3 a pension at the rate of $40 or more per month, nor to any As my friend from Indiana [Mr. DrxoN] just remarked, we person who is receiving a pension less than $40 per month, except for had battles of various kinds in that war. The average soldier the difference between the pension now received and $40 per month. went through but a few battles in his years of service, but the mother and wife went through battles every day of the year and This bill expresses my views on the pension question. If we e-rery minute of the day. We had brave men on both sides in are going to reward our old soldiers for services rendered, let 1860-1865, but we had brave men simply and only because we us do it in a substantial way, and let us do it before they are all had bra-re women at home. I wish it were possible that our dead. If I had my way I would absolutely wipe out of ex­ @ Government might reward, as they should be rewarded, these istence the entire system of red tape which prevails in our women, no matter whether they lived in the northland or in the Pension Department and say to ever"y old soldier, "Show your southland, because they all suffered and endured like hardships discharge and take your pension." In fact, I would make it as and privations. easy for him to get a pension as it is to get a check cashed, and Now, not only were these women an inspiration to the soldiers that is just what my bill will do if it were a law. It is true it in the field, because women are always an inspiration, and the might result in depriving a few clerks of a job, or a few pension soldier on the firing line never could have accomplished the attorneys of a fee, but on the other hand it would bring a little deeds of gallantry that he did if it had not been for the ease and a little more comfort to thousands of veterans who mothers and wives and sisters who held up his hands and are rapidly nearing the end of the journey of life. cheered him on, but they contributed in many other ways. I wish it. were possible to get the expression of this House on 1\fany of them-in fact, the great majority of them-took up the my bill. If there is anything wrong with it I would like to additional burden of their husband's business and carried it on know it. It might be said that it will cost our Government too successfully during those four years. Thousands of brave much, but I have made a hurried calculation and am convinced and noble women, women of culture and refinement, worked that it would not increase our disbursements for pensions over as common farm laborers in order to support themselves and $150,000,000 a year, and while this is a large sum of money, yet their children. 1\!y own dear mother's experience-and I less than three months ago, at the beginning of our present trust I will be pardoned for relating it-was not dissimilar to panic, the Administration issued $150,000,000 in bonds simply to those thousands of women. When my father enlisted she was protect and assist a few of our great financiers, who, the left alone upon a farm in western Iowa, with fi>e small chances are a thousand to one, never did one<.anth, na,y, one­ children to support, the eldest but 10 years of age, and time hundredth as much for our country as one old soldier has done. ,and again I have heard her tell how she would L'lriat the two nut if $40 a month is too much, then cut it down to thirty; if youngest to the bedpost and, with the other three accompanying thirty is too much, cut it down to twenty-five, but do something. her, would go into the field, and with her own bands unas­ Those who comprise the majority ha >e always claimed to be the sisted planted and harvested the crops for four long years; and friend of the old soldiers; they now have an opportunity to if the thousands of women of the civil war were here to speak show it, as it rests with them whether or· not my bill ever comes to-day, every one of t;;r could tell of a similar experience of to a vote. hardship and privation. l\Ir. UNDJ~RWOOD. Mr. Speaker, I yield tlu·ee minutes to I ask, therefore, ge emen, if such service is not entitled to the gentleman from Missouri [Mr. HACKNEY]. due reward? We will have our mothers with us for only a few Mr. HA.CKNET. Mr. Speaker, I wish to say that this bill short years, and can we not make their last days a little more meets my hearty approval. I believe that the time has come pleasant, a little more easy, a little fuller of the comforts of when the property limitation on the widows' right to pension life? Of course my mother and the mothers of Members of this should be sh·icken out. I believe it is the experience of every House may not need this assistance, but somebody's mother Member, as referred to by the chairman of the committee, that does. In fact, the great majority of the widows of >eterans gross injustice has been done in every part of the country in need this assistance. Twel-re dollars a month is entinely inade­ excluding from the bounties of the Government those widows quate. I would like to ha-re offered an amendment payinP' them who for the tin1e being had only a small amount of property. $30 dollars a month in order that they may spend their last The law could be so construed as to make this property meet days in ease and comfort. I do not believe that in their old the limitation fixed by the statute; and thousands of destitute age they should be compelled to support themselves by labor, widows have been turned away as having a competency when nor should they be compelled to live upon the charity of they had not sufficient to keep them from want. I believe that friends. We have the richest country in the world to-day; we every widow of a soldier, who served the time fixed by this have millions of dollars locked in the Treasury ; we spend bill, ought to have at least $12 a month. I believe in raising hundreds of millions of dollars every year in public improve­ the widow's pension fTom the minimum of $8, because I think ments, and why can we not take a little of this money-it that the $8 per month is wholly inadequate to represent the would not burt our country any-and use it to bring a little bounty that this Government feels it ought to pay to that class sunshine and a little comfort and a little ease and a little of people. I say that no money is better distributed in pounty pleasure into the lives of those who have endured and suffered? from the Government than in giving pensions to soldiers and For that reason I wish it were in order that we might have this to the widows of soldiers and their helpless orphans. Into bill amended so as to carry $30 a month instead of only $12. ev-ery section of the country the soldier with his family has [Applause.] gone. They have taken the advance step in the civilization ~f Those having the bill in charge, however, have seen fit to the West and South,vest and the Northwest, and they are doing bring it before the House under the rule that no amendments their share toward upbuilding the land. Their widows, left in • can be offered, so all I can do is simply to voice my senti­ old age and helpless, ought to receive the recognition of this ments. I am firmly convinced that an amendment raising the bill and ought to be paid such a sum as would keep them from monthly payment to $30 would carry by an o-rerwhelming ma­ want. I only regret that we can not to-day say they should jority, and I believe we should have an opportunity to vote on receive more than $12 a month, but, of course, these things it. The bill, however, is a recognition-although a -rery small must come gradually, and that limitation has been fixed for one-of the services rendered by noble women, and for that the time being. But, Mr. Speaker, I would go with the com­ r~son, and knowing how much the great majority of them are mittee in saying that t)le minimum of $12 ought to b~·aised iri need of assistance, I shall vote for the bill with pleasure, to at least $20 a month. It would do away in a great Illcasure trusting that those who control legislation in the House will with private bills. Every Member of Congress has been be­ 1ater on report a bill more equitable and just. sieged by his constituents, I take it, to introduce private pension If it were permissible, I should also at this time offer an bills. We all know how the requests come ; we all know how amendment providing for a pension of $40 a month for every meritorious many of them are, and we all know how hard it honorably discharged soldier of the civil war. Early in the is to turn them down; but we must put a limitation somewhere. session I introduced such a bill, which is now pending before Mr. Speaker, I am glad to see that the House has taken this f}472 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3, -----·------.------adYanced step at this time in doing long-delayed justice to the this bill is not all that it should be, we concede. That it falls widows of our soldiers. [Applause.] far short of absolute ju tice between the different classes of Mr. U1\-nERWOOD. 1\Ir. Speaker, I yield three minutes to soldiers' widows is admitted by all, for under it the woman who the gentleman from Florida [1\Ir. CLARK] . married a soldier June 27, L 0, or prior thereto, is on the same 1\Ir. CLA. .H.K of Florida. 1\Ir. Speaker, I thoroughly indorse footing with the widow who married the soldier before or the bill now pending before the House. I indorse what the during the war, and who, of necessity, suffered more of the gentleman from 1\Iissouri [llr. HACKNEY] has just said. I had hard8hips incident to warfare than did the woman who married hoped, howeyer, that the bill would be broader in its scope the soldier June 27, 18!>0. We appreciated this fact, and it was and would have taken within its provisions the few remaining the judgment of every member of the committee, Democratic veterans of the Indian wars in Florida, who are as desernng and Republican alike, aye, it was the desire of eyery member of a class of yeterans as this Government ever has or eyer will the cm.mnittee that the woman who married the soldier during, pension. But, if I can not receive all for my people that I before, or immediately after the war, should be given $16 per think they are entitled to, in their name I will accept what the month, but we were not permitted so to do. I say not permit­ committee desires to give. I want to say also, 1\Ir. Speaker, ted advisedly . . Now, as a matter of course, no pension bill for that I shall never be found upon this floor delaying, obstruct­ widows can be made equitable. This for the reason that an ing, or opposing any. pension bill brought here for the veterans arbitrary date must be fixed as well as an arbitl'ary amount, of any war of this Republic. [Applause.] and any law the essentials of which are arbitrary must neces­ I desire to yield the remainder of my time, if I may, to my sarily work an injustice to some one. colleague, the gentleman from Florida [1\Ir. SPARKMAN] . I myself, Mr. Speaker, and the other Democratic members of 1\Ir. SPAJlK~IAN. Mr. Speaker, I do not rise for the pur­ the Committee on Invalid Pensions, were of the opinion that pose of opposing this measure. On the contrary, I am in favor January 1, 1!>0S, should have been the arbitraty date, and in of it, and will take great pleasure in yoting for it. But, like justice I must say that the Republican members of the cotmnit­ my colleague from Florida [1\Ir. CLARK], I regret very much tee al~ o were of the opinion that January 1, 1008, should be the that it is not broader in its scope and has not been so extended date fixed by this law; but because of the fact that there as to take in the surviving soldiers of the Florida and other mi.,..ht be a deficiency staring us in the face, and in view of the Indian wars, who are now being pensioned. These are a very fact that the date in this bill would carry an appropriation of deserving class of people, and ought to have their pensions $12,741,300, and this, coupled with other reasons, convinced us increa ed over the small sum of $8 per month, which they are we could not go any further, and so the minority joined with drawing now, to at least $12, as is provided in this bill for the the majority in making a un&..nimous report. I belieYed that at widows of those who are dead. I am very sorry that this some future time the arbitrary date of June 27, 1 90, should matter comes up here in such a way that we can not offer an be changed. I am here reminded of the fact that in the case of amendment to the bill here; but, as I understand it, that can the widow who had married a soldier since June 27, 1890, there not be done here, and now we will ha ye to take our chances would be no new charge put upon the Government, for in most before another committee, the Committee on Pensions, on some cases these widows would only receiYe a small proportion of other occasion, of introducing and passing a bill through this the pensions their soldier husbands had been receiving from the body that wlll give relief to this yery deserving class of people. Government. I am firmly of the opinion that this should be [Applau e.] done, and I believe that the temper of the membership of this House is such that this would be changed now but for the fact 1\Ir. UNDER WOOD. Mr. Speaker, I yield the balance of my that under the rule no amendment will be permitted to be time to the gentleman from Ohio [Mr. ANSBERRY]. offered to this bill. I want to be distine:tly understood that The SPEAKER. The gentleman is entitled to three minutes. the committee were in favor of January 1, 190S, as the arbi­ 1\lr. ANSBERRY. 1\Ir. Speaker, it has been the custom of the trary date, but were deterred from so constructing the bill for sons of men "from time beyond which the memory of man the reason that they feared by so doing that they might defeat runneth not to the contrary" to celebrate the anniversary of the whole bill. [Applause.] great battles, great soldiers. great statesmen, and great events In passing I desire to say a word in behalf of a bill I intro­ in their country's history by the erection of monuments of duced early in the session in the interest of the soldier. This bronze or stone and to inscribe thereon suitable words of com­ bill, known as " H. R. 9084," while it does not embody my mendation or facts of historical importance. But the Con­ ideas of a perfect pension bill, still I belieYe it goes at least gre s of the United States for the past forty years have, in a step in the right direction. Briefly, it amends the "Act of addition to the building of monuments, seen tit to provide, tmder February 6, 190.7," so that a soldier at the age of 62 gets the sanction of law, suitable pensions for the individual soldier $15 per month; at 70, $20 per month; at 75, $25 per month, and and after his death for the widow and minor and helpless at 80, $30 per month; and after a soldier bas once made his children. proof he is not compelled to furnish new proof when he arriyes This is a commendable thing and, in addition, is but an act at an age that entitles him to an increase of pension. I believe of simple justice. Hence it follows that in no sense of the that the ideal pension bill would giye $1 per day to ench and word can the action of the Government be considered as char­ eYery soldier, and my future efforts shaH be directed with that ity. The people of the United States realize that they owe a end in view ; and I propose to make an honest effort to get debt to the soldiers of the civil war that they can never repay, a pension for every soldier in my district at the rate of $1 and it follows, I think, that the pittance that in too many in­ per day through the medium of a special bill if I can not get stances is doled out to these men, their widows, and their minor a general law. We all indulge in flowery talk on occasions of and helpless children is not at all commensurate with the serv­ special interest to soldiers. We tell them that they were the ices rendered. Right here I desire to repeat the well-known bulwark of the country in time of danger; that they preserved and forceful words of the Master, " The laborer is worthy of the nation; that they made sacrifices without number; that his hire." In a Government like ours, that up until the ciyil they shattered their health and their fortunes; that they gaYe war depended for defense not on a standing army, but upon the of their time when men are laying the foundations of their assurance that if needed her citizen soldiery would be ample future prosperity; that, sad to say, many of them gaye up for her needs, it is but meet that we should give that soldiery their lives; many were wounded and horribly maimed and haYe a fraction of the amount that would be necessary to maintain ince crawled through life as best they could, living endences a standing army. of Sherman's truism that "War is bell;" that but for them I had no intention of participating in this debate. It would we would not now be liting in a reunited country, the greatest seem that words or arguments in support of this meritorious and best that God's sun has ever shone upon. The e things measure are unnecessary, particularly since the gentlemen and many others of similar import we tell them, and truthfully, from Florida [1\Ir. CLARK and 1\Ir. SPARKMAN], representing but, sad to say, when they knock at the door of Congre and Southern constituencies, have raised their voices in eloquent ask that they be given a portion, a small !Taction of their support of this just cause. But despite that fact I would deem due, they are put off with the same o1d story: "No funds. myself deficient in patriotism and wanting in a proper sense of Wait! Wait! Wait! " 1\fr. Speaker, these men have waited loyalty to a soldier father and his comrades in arms if wheu now until they are in the " sere and yellow leaf." 1\Iany of the opportunity presented itself I did not rise in my place and them, yes, hundred. of them, are daily answering the la. t call, add my mite in support of the interests of those women and and if more time is permitted to elapse, if adequate relief be men who gave so much that yonder flag should remain intact, not given, and that, too, soon, yon will have acted too late to symbolic of a united country. remove from many of " the old guard " the impression that Then, again, I ha Ye the honor to be a member of the commit­ there is truth in the saying that "Republics are ungrateful." tee that reported this bill, and in justice I must tell you, gen­ [Applause.] tlemen, that this committee labored unceasingly with the end in 1\Ir. UNDERWOOD. 1\Iay I ask the gentleman from New view of giying to these good women a liberal pension. That Hampshire if he will, as chairman of the committee, ask un;mi- 1908. CONGRESSIONAL RECORD-HOUSE. 1473

~ous consent that Members may have five days to print on this It is estimated that about 18,000 widows may apply for pension under the second section of this bill (having had no prior title by btl}, as there are many gentlemen who desire to be heard. reason of their nondependence under the act of May 9, 1900). The Mr. SULLOWAY. That is my purpose, I will say to the cost ~f these claims at $144 per year will amount to ;·2,592,000. . gentleman. I now yield to the gentleman from Illinois [Mr. It 1s further estimated that there will be a yea rly increase in the number of widow pensioners (over and above the loss by death) of FULLER.] about 5,000, which would further increase t he annual cost to the Mr: FULLER. Mr. Speaker, I hope this bill may pass by amount of $720,000, so that the total cost of this bill if enacted into unanrmous vote of the Members of this House. My only objec­ law will amount t o about $12,741,000. T~e first section of the bill, as above stated, applies to every widow ~ion to it is that it does not go far enough. The bill which I penswner now on the rolls at $8 per month. and includes, there.fore, rutroduced upon this subject proposed to grant a pension of not only the widows of soldiers who served in the civil war, but those $12 per month to all widows of soldiers of the civil war and who served in the war· with Mexico, the various Indian wars the war with Spain, the regular military and naval peace establishment, and of the war with Mexico who were married prior to the passage one widow of the war of 1812 receiving a pension of $8 only. and appro1al of this bill. It was thought by the committee that the expense entailed by this bill was all that Congress The sentiment of the House seems to be unanimously in favor would be justified in incurring at the present session. But of this deserv:iug but long--delayed act of justice. The commit­ pension legislation is a matter of growth, and the time will tee having charge of the bill have acted wisely and patriotically come when a grateful nation will pension all widows of the in unanimously reporting it to the Congress. I am heartily in soldiers of the Union regardless of the date upon which they favor of this measure, and congratulate the country upon its were married. This bill will add to the cost of the pension becoming a law. When the nation :torgets its heroes and its roll about $12,000,000 per year. It will benefit over- 200 000 heroines the beginning of the downfall of our American insti­ worthy widows of deceased soldiers of the civil and other tutions is at hand. wars. I only regret the amount could not be greater for each No people deserve the grateful thanks and the substantial one! and that the number benefited might be greater. This recognition of our citizens more than those who by their valor natwn can well afford to care not only for the nation's defend­ and patriotism saved. the nation. A deep debt of gratitude is ers, but for those dependent upon them when they have passed due them, and this is especially true of the devoted women from the scenes of earthly action. God bless all the nation's whose loved ones fought its battles and won its victories. All defenders, and let the nation care for those who were depend­ good, loyal citizens will rejoice at our action here to-day in ent upon them. What this great nation owes to its volunteer passing this just and reasonable measure. . soldiers of the civil and other wars is beyond computation in Mr. STERLING. Mr. Speaker, I am in favor of this bHl. dollars. It is a matter of simple justice that the nation should ca:e liberally for them and for their widows and helpless I shall vote for it very cheerfully; of course I will. It is doing children. The money thus expended does more real good than justice that has been deferred. It is certainly good as far as any other money voted by Congress for any- purpose what­ it goes. eyer. In the future, no doubt, the policy now inaugurated will I am of the opinion, however, that if I had the drafting be extended so that all deserving ones shall be provided for of this bill and the right to determine its scope and extent, I by act of a grateful Congress. could have improved it in at least three particulars. I say this Mr. BELL of Georgia. Mr. Speaker, I desire to register my with all due respect to all the members of this able and honor­ appr?val of the bill now before this House for consideration. I able committee from which the bill is reported. I have no had mtroduced a bill similar to. the bill now under considera­ doubt they have reported the very best bill on which they could agree, and different views must always be considered where it tion, ex~ept; that my bill goes a little ~urther and proposes to allow Widows of the Mexican and Indian wars $12 per month is sought to get substantial results. at the age of 62, $16 per month at the age of 70, and $20 per - First. I believe that the law ought to descriminate in favor month at the age of 80 years. I did not include widows of the of the widow who was the wife of the soldier at the time of civil war, but I am heartily in favor of this increase and be­ his service. Such a widow ought to have $20 per month. She lieve it to be right. Members of this House could not do a saw and felt the real hardships of the war; she suffered and more commendable act than to pass this measure unanimously sacrificed, where the woman who was not married to the soldier I have numerous bills before the House for increase of pen~ at tbe time of his service did not. sions of widows of soldiers of all the wars enumerated in this Second. This bill limits the pension to widows of soldiers bill, some of these having reached the ripe age of 85 years and who were married to the soldier prior to June 27, 1890. This . who have no other means of support, and it is gratifying that date is purely arbitrary and is not based on any particular the Committee on Invalid Pensions should take hold of this reason. The widow of a soldier who married the soldier after matter in the manner it has and ask an increase for these most that date is not entitled to any pension at all under the terms worthy widows of our great soldiers of the Mexican and Indian of this bill. Why not? I am sure many cases may arise and wars who have long since gone to meet their reward. Mr. will arise where the marriage occurred after that arbitrary Speaker, while I shall vote for this measure, I do sincerely re­ date, in which the facts show more merit than some of those other cases where the marriage occurred before that date. gret. that .it does J?-Ot provi~e for increases according to age as Perhaps the only reason that anyone can or would suggest out~ned m my bill for Widows of Mexican and Indian war soldiers, but I bow to the inevitable and will gladly register for this arbitrary date is that it will limit the amount of the ap- · my vote of approval of the passage of this measure. [Ap- propriation necessary to pay these additional pensions. If it is plause.] · not possible for the Government to pay all just pensions, then Mr. GOULDEN. Mr. Speaker, House bill No. 15653 now the hardship ought to be distributed and not fall on a few or a . under discussion, provides an increase of pension to the ,v'idows certain class. Many of these widows who married the soldier and minor children of deceased soldiers and sailors of all the after June 27, 1890, have the most meritorious claims for pen- · wurs, beginning with the Mexican and ending with the Spanish­ sion. 1\Iany of them have taken care of the old soldier in his old American. The bill provides that widows' pensions shall be age, when in ill health, after he had broken down an

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' 1474 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 3, ' ... t~at ,yere borne by the wife. EYen the widow who married these bills coming before the committee for its consideration and after the close of the war and contributed to the support, com­ action, yet we can not afford to allow any soldier who served fort, and care of the old Yeteran as he grew older is entitled his country faithfully to go " over the hill to the poorhouse." to a measure of consideration almost commensurate to that of [Applause.] th soldier himself. I hoped, when we passed the bill of last session for the sol­ We can readily see,· when all things are considered, that it diers, giving all soldiers of ninety days' service $12 per month was easier for the soldier to fight on the field of battle, sur­ at 62 years of age, $1.5 per month at 70 years of age, and $20 rounded by his comrades and urged on by the fires of patriotism per month at 75 years of age, that we might also provide $2-! and duty than it was for his wife to remain at home with no to $30 per month for all the totally disabled, so as to relieve protection and surrounded by the lonely scenes common in the committee of most of the cases which come before times of war. The soldier in those days could forget in the the committee seeking relief-and but for the pension commit­ excitement of battle and the companionship of his comrades tee of the Grand Army of the Republic it would ha\e been the local surroundings of his old home and the scenes of his attempted. That committee, howeyer, fen.ring that the bill I' home familiar before the war, even though the earth might might fail altogether, if amendments were made, askeu us at shake from the thunder of war and the very reflection of the this end of the Capitol to pass the bill as it came from the field of battle light up the heavens with a lurid glare ak,in. to Senate, which was done. • the fires that swept the hills of Gehenna, still they could1:fight; The next needful thing is the passage of a bill providing for ! the \ery force of the battle, the sound of the martial music, and the totally disabled soldiers, whether their disabilities are due the command of his officer prompted him on to greater deeds to their service in the Army or not, and I hope the opportune of heroism and of glory. The wife of the soldier was left back time for such a mea~ure will not be long delayed. Meantime, at home without any of the facilities for immediate knowledge we can not afford to allow any of the soldiers to go down in that we ha \e to-day; but few newspapers or letters reached want, and therefore, in order that we may provide for these them. They were lonely in a nation where brother was fight­ special cases, special bills are presented and recommended for ing against brother and section warring against section, and in passage by the committee. I hope the time will come, and I many localities subject not only to the ravages of each hope to stay in Congress long enough to see every soldier who contending army, but to the sa\agery of the bushwacker served his country in the hour of its peril have $1 a day. as an and guerrilla and all the human fiends who in that dark hour honor credit in his old age. [Applause.] This bill provides for were disposed to take advantage of the war for plunder and all of the widows and gives each one a pension of $12 a month. pillage. The committee did not see wherein there was a difference in In East Tennessee, southwest Virginia, and the mountain her chances of getting on in life between the widow whose hus­ territory lying along the border line dividing the North from band died of a disease contracted in the service and one whose the South, those ·women left at home were, in my judgment, husband died from some other disability. So we thought we the highest examples of heroism and true devotion to home and would equalize all of these, and we have done so. country to be found on the globe or to have lived in the history This bill has received the unanimous support of the com­ of the world. The heroism of no Spartan mother was greater. mittee, and it carries quite a sum of money-possibly $13,- than hers. 000,000-and yet not so much but that the Government pocket­ In East Tennessee, all the men left their homes and went to book is equal to it-every cent. [Applause.] one army or the other, and the wives of the soldiers were left Mr. Speaker, I ask unanimous consent to extend my remarks on the line of -the contending armies, yet with a devotion inde­ in the RECORD. scribable they stayed in their mountain homes with no other The SPEAKER. Is there objection? protection than their virtue, their children, and the God they There was no objection. worshipped. They fed all they had to the hungry soldier and the 1\Ir. WEISSE. In the gentleman's remarks he stated that departing refugee, and without a murmur submitted to the con­ we could not pass a general bill that would take care of a great ditions of war and came out of this fire with enlarged heroism many of these private pension bills. I belieye that we can pass and de\otion to country such as to inspire the admiration of a bill that would take care of many of them. the world. Her lot was more lonely and her hardships far ex­ Mr. CHANEY. Oh no; I say nothing of the sort. We cer­ ceeded those of the soldier himself. tainly will sooner or later. Being the son of a soldier who lived in the South and fought Under the act of June 27,1890, there are 183,671 civil-war wid­ three years to preserve this Union, and whose mother at that ows, minors, and helpless minors getting $8 per month who will time suffered all the sorrows, privations, and hardships possible get an increase under this bill of $48 per year each, or $8,816,208. to suffer under all these circumstances, I feel that the widows There are 2,486 widows pensioned under the general law, at deserve even more than this bill gives them. The $12,700 000 $8 per month also, who will get $4 per month more than they which this bill proposes to pay to the widows of our soldiers now get, or $-18 per year each, equal to $119,328 ; there are throughout our country will bring joy and gladness into thou­ 6,880 Mexican war widows drawing $8 per month who will now sands of homes and will make glad many a heart that has get 12, or $330,240; of the Indian wn.rs, there are 3,081 widows yearned through the years of seeming neglect when they reflect getting 8 per month who will now get each $48 per year more, on the scenes of forty years ago. Our nation ne"ler has before or $147,888; of the Regular Establishment of the Army there are and perhaps never will again, appropriate money in such ~ 172 widows who will, under this bill, get $48 per year more way as to bring as much happiness, comfort, and joy to the each, an aggregate sum of $8,256; there are 153 widows of the American people as this bill as proposed will bring. Spanish war who will also each get $48 more per year, or $7,344; It will not be long until the last soldier of the civil wn.r will or an aggregate of $0,42D,264. pass away, and in a short time the last widow of that war will Widows who have heretofore been denied pensions under the be called hence, but they have enriched our nation with loyalty act of 1890 because of an income of $250 per annum will all be to country and devotion to home, and from their heroism and pensioned under this bill, and each one will be entitled to $144 patriotism there has come a generation of men and women in per yeu.r. There are probably 18,000 of these, and these pen­ whom I belie e rests the highest ideas of popular government sions will amount to $2,502,000. The number of widows are and in whose hands the destiny of our country will be sa.fe. likely to increase something like 5,000, and this will swell the Mr. SULLOWAY. Mr. Speaker, I yield four minutes to the budget to $720,000 more, thus adding a grand aggregate to the ' gentleman from Indiaha [Mr. CHANEY]. pension appropriation of $12,741,000. ' Mr. CHA~TEY. Mr. Speaker, I am glad I belong to the one [l\Ir. LANGLEY addressed the IIou~e. See Appendix.] : Republic in the world that- is not ungrateful to its defenders. We go upon the theory in the United States of having a small Mr. SULLOWAY. Mr. Speaker, I yield three minutes to the standing Army and defending the country in time of need by gentleman from Ohio [Mrr KEIFER]. volunteer soldiers and then paying liberal pensions to them Mr. KEIFER. l\Ir. Speaker, I have no desire to delay the House in coming to a vote on this benign pension measure. I ,i after their services have been rendered to the country. I am \ glad to hear Members say that they like the principle involved rise mainly to correct an inaccuracy in a statement that I made a in this bill which is before the House for its consideration, yet few moments ago, and I correct it by reading a paragraph ' from a letter of the Commissioner of Pensions, written to my­ there is no general bill that can meet each and every case. It becomes necessary in the course of the business of the Com­ self, and dated January 13, :W03, in which he speaks of a widows' ~sion law: : mittee on Invalid Pensions that they shall undertake to provide special bills for those cases which can not be included in any In. accordance with your veraal requeSt, I ha.v the honor to advise i you that if the pensions of all widows who are receiving a less rate general law. There have been a great many private pension than $12 a month were increased to $12 per month, the increased ex­ IJ bills passed since I have been a Member of this House, bnt I penditure per annum would be appronmately $9,500,000". think there has not be !l a single one that has not been highly I may add that- in the last Congress, and early in the session meritorious; and while we regret the necessity for so many of of this Congress, I introduced a bill substantially like the pres-

I ' 1908. CONGRESSIONAL RECORD- HOUSE. 1475 ent one. I think, howe>er, that the distinguished chairman of and food and clothing and other expenses incidental to every the Committee on In>alid Pensions [Mr. SULLoWAY] and that well-regulated life. committee have improved somewhat upon the bill that I The widows of soldiers of the Mexican war, of our Indian offered, and I clo not care to add anything in advocacy of this wars, and, in a qualified sense, of the Spanish-A.meric::m war measure except my approval. I might say, 1\Ir. Speaker, of this and of the Regular Army, are made to share equally ·with the bill what was said by the great Horace Mann about sixty years wives of the veterans of the civil war in the bounty of the Gov­ ago on the floor of this House when speaking of a measure that ernment. was pending to endow institutions for the insane. He said that But, sir, there is another class to whose hearts the passage measure was so fraught with humanity and justice that a of this bill will bring a feeling of relief and gladness. That pirate in a storm would lay down his tiller to support it. [Ap­ class is composed of the veterans who still surviYe. Death fol­ plause.] lows upon their track with relentless and seemingly accelerated 1\Ir. GARDNER of Michigan. 1\fr. Speaker, in the limited force. The mortality roll increases month by month. Time is time aJlowed for debate upon the bill now before the House, I removing the defenders of the Union more rapidly than all the desire to say that in my judgment no more righteous measure marches and sieges, the battles and prisons, combined in the has beell presented for the comdderation of this body. De­ bloodiest year of the great war. That mighty host once num­ serving as the veterans of the civil war are of the pensions they bering over twenty-two hundred thousand men and constituting now receive, they are scarcely more so than the noble body of the very flower and strength of A.m·erican manhood is rapidly women who as wives and mothers have shared with them every vanishing from our sight. In the month of December alone privation in peace, and 1nany of them suffered even greater 2,920 were mustered out of the ranks of the heroic living into agonies during the war. If the provisions of this bill are en­ the ranks- of the immortal dead. Sir, that means that there acted into law, as I believe they will be, more than 186,000 were on the average ninety-seven died every day, four every widows of the Union Army veterans will receive $12 per month hour, and one every fifteen minutes of time. This bill crystal­ who now receiye but :S8. Under the law as it stands to-day lized into law will enable many a veteran soldier to gaze for the soldiers' widows are prevented from receiving the $12 because last time into the face of the wife of his youth and the mother of inability to prove that death resulted from wounds received of his children, comforted and sustained by the thought that the in battle or from disease contracted in the line of duty while in Government to which he gave the strength of his young man­ the service. The soldier may have long been a ware of their hood will care for his widow and his helpless orphans. existence, but in what battle, or campaign, or siege, or under Sir, before concluding my remarks, I · desire to emphasize, just what conditions of exposure the seeds of death were not the "inadequacy" of pensions, but rather the unparalleled planted in his system while in the service of his country he is liberality of the nation toward its defenders and their widows unable to ·tell. The physician who certifies to cause of death is and orphans. As a soldier, I am proud of my country for what often perplexed as to the origin of the fatal malady, and even she has done and is doing, not only for the soldiers, but for the though he may belieYe that the .Army service had much to do widows of soldiers. [Applause.] Since I have been a member with his premature taking off, hesitates, in the absence of more of this legislative body, I have seen the limit against widows certain knowledge, to certify that the soldier's death resulted raised from $96 to $250, and now I rejoice to see the limit about from such service. The material needs of the widow who re­ to be absolutely removed. Last year a bill passed the Congress ceives $8 are often as great, and may be even greater, than the which gave to the soldiers of the Union, in addition to what one who receives $12 per month, while the service rendered by they were then receiving, $20,000,000. It this bill becomes a her soldier husband may have been of vastly more >alue to his law, it means in round numbers $13,000,000 more to the widows country, and in all such cases a Yery great though unintentional of soldiers. In other words, the Congress llas in the last two injustice has been done a hero's widow. years, in addition to that which it was previously appropria­ When the law was enacted fixing the sum of $8 per montlt ting, given $4,000,000 more than the total whicb. France gives to as a widow's pension, that sum was the maximum received by her disabled soldiers and their widows, $0,000,000 more than the soldier. Now the minimum allowed the ·soldier at 62 years Germany gives for the same purpose, $20,000,000 more than of age is $12 a month, regardless of physical or financial condi­ Austria-Hungary, and $21,000,000 more than Great Britain. I tion. Is it any more than simple justice that the maximum call attention to this here and now that my comrades and my rate to the widow should be equal to the minimum rate to the countrymen may know and realize that among the great gov­ soldier! That is what this bill provides. ernments of the world the American Republic stands alone in There are now with reference to pensions two limitations the unprecedented liberality with which she treats the men placed upon widows of civil-war veterans. Under the present who fight her battles and those who are dependent upon them. law the widow of a soldier having a net income of $250 per [Loud applause.] year is barred from receiving a pension. .Mr. FINLEY. 1\fr. Speaker, will the gentleman yield to me The other limitation is where the marriage to the soldier was for a minute? contracted after June 27, 1890. The latter barrier still remains The SPE4-KER. The gentleman's time has expired. if the provisions in the present bill are enacted into law. This 1\fr. SULLOWAY . I can not yield and comply with the re­ limitation, put in the law of June 27, 1890, was designed to act quests for time. How much more time have I, Mr. Speaker? as a deterrent to youngerly women entering into matrimonial The SPEAKER. The gentleman has three minutes and a half relations with men of advanced years, induced thereto by the remaining. expectation of a pension in case of the soldier's death. In Mr. .SULLOWAY. I yield one minute to the gentleman from many instances this law is unjust and works a great hardship, Tennessee [Mr. GAINES]. and the day is not far distant when it will be repealed; but, as Mr. GAINES of Tennessee. Mr. Speaker, I am glad to see I understand, under the rules of the House governing during the this legislation, but I ·regret very much to learn that this bill consideration of the pending measure no amendment will be in does not pension the woman who was once the widow of a order. · de{;eased Mexican soldier, who afterwards died and she again The first of the two limitations named as now operative will, married and that husband, number two, is now deceased. I hold if this bill becomes a law, be removed, and the soldier having in my hand a letter received this morning about such a widow, an honorable service of ninety days or more will entitle his whom I well know, who was the widow of as brave a Mexican widow, whatever her income, to receive $12 a month. The re­ soldier as ever drew sword. He died. She was then pensioned, moval of this limitation puts the wife on an equal footing with and then after about eight or nine years married a second time her husband as a claimant under the law passed last year and and her pension stopped. I am informed from this letter, writ­ known as the " McCumber ltct." ten by one of the best men in Tennessee, that she is now in "re­ The number who will or may claim under this provision of duced circumstances." That widow, 1\Ir. Speaker, this bill does the bill constitutes the " unknown army " of widows. It is im­ not· aid. I can not see why. There is absolutely no just reason possible to estimate with any degree of exactness how many why Congress should not continue to take care of the widows there are, but the total number is believed to be comparatively of the heroes of this country who marry a second time .and small. This class of cases is said to be the most difficult, the again become widows. [Applause.] most delicate, and at the same time .the most expensive, to ad­ .Mr. SULLOW.A.Y . I yield one minute to the gentleman from judicate. While.there will be a small minority who may avail Ohio [Mr. CoLE] . themselves of the Government's liberality who could live in Mr. COLE. 1\!.r. Speaker, the gentleman from Michigan says ease and comfort and even in luxury without a pension, it still that no nation has been so generous to her defenders as the remainr.; that the widow, and there are many, who has only a United States. That is t r ue. No nation }las ever had greater net income of $250 per year, or $5 per week, or 69 cents per day, reasons for the exercise of such generosity. The pensions finds herself greatly troubled to pay taxes and insurance and which this Government grants to the soldiers of the civil war is betterments, if she has a home, and live on what is left, or if she not charity. It is t he fulfillment of a sacred obligation. It is a s has no home it is a meager sum with which to pay for shelter binding on the. nation 's integrity as any portion of the public

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1476 CONGRESSIONAL RECORD-HOUSE. FEBRUARY?,

debt. Since the close of the civil war the Government has that he died from that specific injury, which obviously would be paid oat in pensions the enormous sum of $3,551,626,000. The impossible. total expense of maintaining tllis Government from its founda­ Now I submit, 1\ir. Speaker, that there is no reason for this tion up to th pre ent time is about $20,000,000,000. l\Iore than distinction. A soldier who was discharged after sixty or one-sixth of that entire sum has been paid to the soldiers of thirty days or any number of days of service because of wotmds ' the civil war. It is e timated that for the fiscal year 1908 it or. disabilities incurred in the service is very properly given a will require $150,000,000 to provide for the pension roll. This pensionable status, and iJ\ my judgment his widow unquestion­ great increase over former years is due to the McCumber law, :tbly should be, equally with the widow of soldier who served which was approved on the Gth day of February, 1907. The ninety days. The ·discharge of the soldier prior to ninety operation of this law has indicated the judgment of its advo­ days of service on account of disabilities incurred therein li cates. The annual report of the Commissioner of Pensions for should give his widow the same rights as the widow of a I· the fiscal year ending Jnne 30, 1907, shows that 120,355 certifi­ soldier who served ninety days or more and was honorably cates were issued under the provisions of the McCumber Act. discharged, perhaps with no physical disability or injury. The :! li I have made special inquiry of the Department for the six wife of the soldier who was discharged because of disability, months from June to December, which shows that 161,368 cer­ even though Sllch discharge was prior to ninety days of service, tificates were issued during that period. The total number of has been throughout the life of her husband deprived of his soldiers who have been benefited by the provisions of that law earning power and upon his death she is equitably entitled to be will approximate at the present time 300,000. While these fig­ included within the provisions of the bill we are now consider­ ures are extremely gratifying, there is a growing sentiment in ing. I have a bill now pending before the committee to give Congress and throughout the country in favor of reducing the such widows a pensionable status and I hope it will be reported age limit for a fifteen, twenty, and twenty-five dollar pension. to this House. I regret that the bill now under consideration The people of the United States will approve of any plan that is not subject to amendment. It is an excellent measure as will provide the soldiers of the civil war with all the comforts far as it goes. I shall cheerfully support it and trust that in of life during their declining days. I trust the time is not far the respect I have mentioned it may later be amended. distant when the men who wore the blue during that mighty [Applause.] conflict shall each receive $1 a day, not as compensation for their Mr. SULLOWAY. 1\Ir. Speaker, I call for a vote. patriotic services, for there can be no adequate monetary con­ The question was taken, and, two-thirds voting in favor sideration, but as an expression of the gratitude of the Govern­ thereof, the rules were suspended and the bill passed. ment and the succeeding generations for their devotion to the LEAVE TO PRINT. cause of human liberty. 1\Ir. SULLOWAY. Mr. Speaker, I ask unanimous consent Mr. Speaker, I approve of every provision in the pending that Members have leave to print on this subject for seven days. measure. Lincoln left to us a sacred injunction, "Care for him I t The SPEAKER. The gentleman asks unanimous consent that who shall haYe borne the heat of the battle and for his widow Members may have leave to print upon this bill for seven legis­ 1: and his orphan." It is not only the duty of this Congress to latiYe days. Is there objection? I! provide for the comforts of the soldier, but those dependent There was no objection. upon him should receive the protection of the Goyernment when he is gone. At the present time there are 270,767 widows on BRIDGE ACROSS PEND D'OBEILLE RIVER, WASHINGTON. the pension rolls of the United Stutes. One hundred and eighty Mr. FRENCH. ~Ir. Speaker, I ask unanimous consent for thousand of these are, under the act of June 27, 1890, drawing the present consideration of the bill (S. 2929) to authorize the a pension of $8 per month. The provisions of this measure Idaho and Washington Northern Railroad to construct a bridge will increase that pension to $12 per month. I am informed across the Pend d'Oreille River, in the State of Washington. by the chairman of the committee that it will require an ex­ The bill was read, as follows: penditure of $7,000,000 or $8,000,000 to provide for that in­ Be it enacted, etc., That the Idaho and Wa-shington Northern Rail­ road, a corporation organized under the laws of the State of Idaho, its crease, but the bill is so eminently fair and just, so thoroughly successors and assigns, be, and they are hereby, authorized to construct. in accord with the generous policy of this Government in the maintain, and operate a railroad bridge and approaches thereto across matter of pensions, that there is not a dissenting opinion on the the Pend d'Orellle River, near Newport, in Stevens County, in the State of Washington, in accordance with the provisions of the act en­ floor of this House. It . meets with unanimous approval here titled "An act to regulate the construction of bridges over navigable and will'have the united support of the country at large. I waters," approved March 23, 1906. deeply regret, however, Mr. Speaker, that this measure does SEc. 2. That the right to alter, amend, or repeal this act is hereby not go further and eliminate the clause in the law of 1890 mak­ expressly reserved. 1: ing ineligible to pension widows who have married soldiers The SPEAKER. Is there objection? since that date. There are thousands of widows throughout Mr. WILLIAMS. 1\fr. Speaker, reserving the right to object, II the United States who have married soldiers since 1890. They is this the unanimous report of the committee? ha\e taken care of these old yeterans during their declining Mr. FRENCH. I understand that it is; yes. days and haYe made them as peaceful and happy as the passing Mr. WILLIAMS. The bridge is to be constructed under the of the sunlight from the hillside. They can not be charged provisions of the general law ? with other than the highest motives, as they married these sol­ Mr. FRENCH. It has the approval of the 'Var Department. diers in the face of the fact that they were not entitled to a There was no objection. pension under the law. Many of these noble women are in The bill was ordered to a third reading, and was accord­ needy circumstances and should receive the generous treatment ingly read the third time and passed. which bas always been characteristic of the American people. On motion of 1\Ir. FRENCH, a motion to reconsider the last I regret that this measure has been presented under such par­ vote was laid on the table. liamentary rule as will not admit of its amendment; but, be­ A.SSIGN'MENT OF COMMITTEE BOOMS. cause of the great good that will be accomplished as it now Mr. 1\f.ANN. 1\Ir. Speaker, I present a privileged report. stands, I heartily favor it, and will give it my earnest support. The Clerk read as follows: r [Applause.] I The special committee which was directed to report to the Honse Mr. SULLOWAY. I yield the balance of my time to the plans for the distribution of rooms in the House Office Building and gentleman from Colorado [1\Ir. BONYNGE]. the redistribution of rooms under the control of the House in the Capitol Building, beg leave to make a further partial report and to 1\Ir. BONYNGE. 1\Ir. Speaker, I propose to vote for the recommend the adoption of the following resolution, to wit: passage of this bill; and I have taken the floor simply to call " Rc.sol1;ed, That the following assignment of rooms be, and the same attention to another class of widows whom I regret are not ls hereby, made, to wit : "To the Committee on Pensions, aS" an additional room, the room provided for in this bill. I do so at this time in the hope that heretofore occupied by the Committee on Mileage. the Committee on Invalid Pensions will yet report a bill at "To the Committee on .Expenditures in the Department of Justice, this session that will provide for the class of widows I hnYe for temporary use, the room in the terrace heretofore occupied by the Committ~ on Election of President, Vice-President, and Representa­ in mind. Under the law as it now stands, and under the law tives in Congress. as it will stand if this bill is enacted, the widow of a soldier "To the Joint Commission on Revision of the Laws, as an additional room. the room formerly occupied by the Committee on Education. who was discharged prior to the expiration of ninety days' " To the Committee on Appropriations, as an additional room, the service on account of wounds, injuries, or disabilities incurred room with temporary number 468 in the House Office Building." in the service can not obtain a pension unless the widow is able All of which is respectfully submitted. to show that the soldier died as a result of such injuries, The SPEAKER. The question is on agreeing to the n~o­ wounds, or disabilities. Let me give you a concrete case a-s an lution. illustration: If a soldier having served sixty days was dis­ The resolution was agreed to. , charged on account of blindness incurred in the service, while l\Ir. MANN. Mr. Speaker, I desire to present another rep-Jrt he would be enabled to have a pension during his life, his from the same committee, to be printed in the RECORD. ' widow could not obtain any pension unless she was able to show The SPEAKER. The gentleman from Illinois presents an-

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1908. CONGRESSIONAL RECORD-HOUSE. 1477 other report, and asks that it be printed in the RECORD. Does pied that land, they and their fathers, for the past two thousand the gentleman desire to have it printed without reading? years. This is in contravention of the Congress of Vienna of Mr. 1\I.ANN. I do not object to its being read, but I do 1815, and in violation of the organic law.of Prussia, which pro­ not wish to call it up at this time. Perhaps it had better be hibits the Government from making distinction between the citi­ read. zens of the Kingdom. The Clerk read as follows : The effect of this will be to stamp out the Polish nation and The special committee which was directed to report to the House efface its name and history. This brave and heroic people have plans for the distribution of rooms in the House Office Building and always excited the admiration of mankind. the redistribution of rooms under the control of the House and Capitol building, beg leave to make a further partial report and to recom­ We recognize the loyalty and devotion of the Poles in America mend the following resolution, to wit : to us and to our institutions, and it runs back to our Re-volu­ "Reaolved, That the rooms in the House Office Building bearing the tionary war, when Kosciusko and other bra-ve men joined our following temporary numbers, according to ·the plats accompanying H. Res. No. 53, passed by the Ilouse December 19, 1907, to wit, 313, cause and won renown on American battlefields. This feeling 314, and 315, and the large room at ihe southwest corner of the House of gratitude and the common instincts of humanity have caused Office Building, be, and the same are hereby, assigned for the use of expressions of sympathy to be voiced by the American people. the Committee on Ways and Means, and to the same committee as an additional room for temporary use the room on the House floor of It is as though the men of a century ago, who faced death in the Capitol building now occupied by the Speaker, and that the rooms freedom's cause, and that freedom-American freedom-were now occupied by the Committee on Ways and Means are hereby as­ -inspiring the men of to-day to be moved by this cry of oppres­ signed for the use of the Speaker." All of which is respectfully submitted. sion. [Applause.] Mr. PAY:N'E. Mr. Speaker, I would like to inquire of the :Mr. HINSHAW. I now yield one hour to the gentleman from gentleman when he proposes to call up that resolution? Michigan [Mr. TOWNSEND]. l\Ir. TOWNSEI\TD. Mr. Chairman, I do not rise at this time Mr. 1\IAJ\~. Not this morning. The gentleman will have for the pUl'pose of defending the present Administration. It notice of it. I ask to have it printed in the RECORD. needs no defense with the American people. Its record will GOLDFIELD, NEV., LABOR TROUBLES. illume the pages of United States history and mark an epoch in The SPEAKER laid before the House the following message popular government. To it the student of the future will point from the President of the United States, which was read, and as the period when the people came into the possession of their with the accompanying documents, ordered to be printed and own by establishing as facts the theretofore theories of a Re­ referred to the Committee on Labor: public where by legislation and administration it was declared The Hotuu; of Representati1:es: that special interests must not prevail when in conflict with the I transmit herewith a report by the Secretary of State with copies common good, and that Federal law is enacted for no class or of papers called for by the resolution of the House of R<'presentatives on January 22. 1908, readin"' as follows : financial condition, but for the people. Not the rich people; not uResol!:ed, That the President be requested to transmit to the House the poor people; not the great; not the small; not the white; of Representatives, if not incompatible with the interests of the public not the black, but all- of the people, rich and poor, great and rvice, a copy of the report made to him by the special commission, eomposed of Lawrence 0. Murray, Herbert Knox Smith, and Charles P. small, white and black. Neill, sent by him to Goldfield, Nev., for the purpose of investigating Some of the steps taken have by a few been claimed as the labor troubles in that district and to make a report concerning the being on new and dangerous grounds, and from the beginning same; and also such other papers relating thereto as in his judgment are material and for the better information of the House." of the Fifty-eighth Congress until now these gentlemen and in­ THEODORE ROOSEVELT. terests have insisted that a departure from the principles THE WHITE HOUSE, February 8, 1908. of the Republic has been made and that industrial and com­ INDIAN APPROPRIATION BILL. mercial confusion and depression must be, and are, the results. The legislation of the last two Congresses has been charged Mr. HINSHAW. Mr. Speaker, I move that the House re­ wifh having produced the late financial disturbance, and es­ solve itself into Committee of the Whole House on the state pecially has the rate legislation, as consummated by the act of the Union for the further consideration of the Indian appro­ of June 29, 1906, been blamed for the conditions of November pria. tion bill. and December, 1907. The motion was agreed to; accordingly the House resolved it­ self into Committee of the Wb'ole House on the state of the There are other gentlemen, Democratic politicians, who, rec­ Union, with Mr. PERKINS in the chair. ognizing the fact that the people have pronounced the legisla­ 1\Ir. HINSHAW. Ur. Chairman, I now yield five minutes to tion good, desire to appropriate it to themselves as capital to the gentleman from Pennsylvania [Mr. BATES]. - be used as a political asset in future campaigns. It 1\fr. BATES. 1\Ir. Chairmnn, I have introduced in the House is my purpose; during the brief time that I shall ask the and had referred to the. Committee on Foreign Affairs the fol­ indulgence of the House, to call attention to some facts which lowing resolution, which I send to the Clerk's desk and ask to me seem conclusive of the various claims and charges to have read. made. so recklessly and so regardlessly of the elements of logic The Clerk read as follows: and truth. Resolved, That, recognizing the constant allegiance of the Polanders It is a conceded fact that the material prosperity of the coun­ in America to the Government of their adoption, we therefore extend try during the last ten years has been beyond the wildest dream our sympathy and good wishes toward the Poles in Prussia in their of the most optimistic; indeed it has been almost dangerous in its efforts to maintain their property rights in that Kingdom. magnitude. This very development brought into prominence cer­ Mr. BATES. I also ask to have the telegram read. tain grep.t evils, which had never been other than e'\"'il, but which The Clerk read as follows: had been tolerated theretofore. In dealing with these conditions Enm, P A., February 8, 1!108. ITon. ARTHUR L. BATES, no new law principle was invoked, but the old common law was House of Representati1:es, Washington, D. C. applied through effecti-ve instrumentalities. In spite of existing We are delighted with your attitude on the Polish question. law, gross favoritism was shown by the public carders to some EMORY A. W .ALLING. of the people. The means for enforcing just n.nd reasonable Mr. BATES. Mr. Chairman, the tel~o-ram which was just rates and provisions were inadequate, in fact, beyond the reach read was from Emory A. Walling, who is serving by unani­ of the injured citizen. He appealed to the Fifty-ninth Congress; mous election a second term of ten years as presiding judge it listened to his appeal and wrote a new statute reviving an old over the courts of Erie County, Pa. It is but expressiv-e of the law and clothing it with the power to do, as well as to advise. opinions which are being voiced and sounded in public meet­ No line of that law was written in the spirit of malice or re­ ings all over this land in prote_§t against what appears to be -venge; no sentence was inspired by a desire to deal unjustly with the oppressive attitude of Prussia againt the Poles in Prussia. .any interest to be afl'ected by it. On the contrary, it was publicly Public meetings are being held throughout this country pro­ stated on this floor by the advocates of the measure that it was testing against the acts of what, if newspaper accounts and in the interest of the honest railroad and would inure to its speeches of leading scholars and judges and ministers are true, benefit as well as to the benefit of the people at large. Honest is the oppressive attitude of the Prussian Government against railroading and general prosperity go hand in hand. It is not a the Poles who are endea-voring to live peaceably in their native worthy argument against a law to prove that the criminal of­ land. It comes to us that they have by edict prohibited the fender, he who hopes to practice. his nefarious schemes, will be use of the Polish language in their own schools; that they have panic-stricken before that law. [Applause.] The question is, by edict prohibited the use of their native tongue in any public How is legitimate enterprise affected by it? It is not my inten­ meetings, and that now they propose to pass in the Prussian tion to explain in detail my theory of how the so-called " panic " Parliament a resolution for the creation of a commission which was caused. It is my aim to sho.w that railroad legislation and is to be a commission of " compulsory dispossession," to take enforcement of the law did not deter any honest man from con­ up and condemn the homes of Polanders, paying for them the tl'ibuting to the prosperity of the country. ' price that this commission see fit to pay, and settle their own He who reads the law of 1906 will find no section of it im­ people in the homes of these distressed people, who have occu- posing a single provision upon common carriers which the very 1478 CONGRESSIONAL RECORD-HOUSE. FEBRUARY?, spirit of their charters did not contemplate. They never had mon decency; I do have faith in a government of law. Such a a r'ight to impose other than just and reasonable rates and ~overnment proclaims what by common consent is believed to regulations; they never had a right to discriminate. In fact, be just and prohibits what by the same authority is believed to they denied that their rates and regulations were unjust and be unwise. · unreasonable, and protested that no discrtminati.ons were prac­ Now, I am in favor of enforcing the penalty imposed by the ticed except such discriminations as strong and powerful ship­ law against every offender, and I would make the penalty fit pers forced upon them, and which they were anxious the Con­ the offense, where it does not already. In the end, Jaw enforce­ gre ·s should relieve them from. They admitted that the pass ment against offenders means wider liberty, grf'..ater security, e\il had become a burden to them, and relief was welcomed in anrl more enduring prosperity. If we baYe reached that point, that particular.. The record Of the old Interstate Commerce and I deny that we ha Ye, when the conscienceless powerful Commis ion showed no cause for fear, and the courts were eyer must be left alone in order to avert even a general panic, I open to hear and adjust any and all injustices which a future belie\e I speak the honest and thoughtful sentiment of a great commission might possibly inflict. The carriers did not think majority of the American people when I say, Let our pre ent that wrong or injury was to be inflicted upon them. This is busine ~s system fall, and on the ruins from our great natural proven l>y the fact that the passage of the so-called " Esch-Town­ resources and with our pah·iotic citizens of all cla"' •es, unham­ send bill" in February, 1905, did not affect railroad stocks or pered and unfettered by the powerful vicious, we will lay railroad enterprises. ·In spite of the fact that it was known deep and strong the foundaton of an industrial edifice which can that railroad legislation was sure to be enacted at the ne:s:t not be rocked by men who profit by the losses of others and session of Congress, the House and President being deter­ thrive on threats of desh·uction. But I believe our present in­ mined in the rna tter, still railroad extensions were unchecked dustrial and commercial condition is secure; its enemies have and investments in new railroad equipment were unparalleled. oYerestimated their strength. They will learn ere long-yea, The passage of the law of 1906 did not halt this mighty move­ they are learning already-that the way of the transgressor is ment; stocks, instead of going down, continued to rise. The hard, and he who tries to block the wheels of justice will be new Commission entered upon its work. No railroad manager ground beneath them. raised his voice against the action of the Commission. It con­ The agitation attending the passage of the interstate-com­ fiscated no earnings or profits. In the winter of 1906 and 1007 merce act of 1906 has passed. That act has been the law of the and in the spring and summer of 1907 political controYersies land for something over a year, not long enough to test its between the President and certain so-called great captains of eYel'Y provision or to perfect the machinery for its complete industry occurred. A general demand for the renomination of admini~tration, but under the circumstances, perhaps, it has President Roosevelt was being manifested. These captains been long enough to demonstrate whether it is an insh·ument got busy and prophets of disaster were abroad in the land. of justice, beneficial to the people, or a means of oppres ion '.rhey did not represent the sentiments of men afraid of their inimical to the common good and disastrous to general pros­ investments, for none were afraid. The widows and orphans perity, the handiwork of statesmen, or the blunder of dema­ for '\Thorn the hearts of stock gamblers bleed had not learned gogues and foolish men. Since before its enactment to tln! that there was anything to_ fear. 'l'he Commission had made present time it has been subjected to attack by trained and no general reductions of rates; every car of every railroad was skillful critics. It has had bitter and powerful enemies ear­ in commi:sion 365 days in the year. The earnings of the roads nestly and industriously intent on discrediting it. I say; there­ were never so great. Shippers who had been receiving · special fore, that under the circumstances it has been a law long rates were paying the 8ame as others. Those who bad been enough to demonstrate in a measure, at least, whether it has riding for nothing were paying the regular fare. There was been worth while. It will be well for us in considering this no cause for fear; there was no fear, and be who claims that question to bear in minu that up to the legislation of the rate legislation caused the panic or to any considerable extent Fifty-eighth and Fifty-ninth Congresses most of the attempts at legitimately contributed to it, but begs the question in his desire rn.ilroad legislation bad been to prevent discriminations be­ to justify his opposition to the measure and to discredit an tween shippers and between places. Certain it is that the act Administration hostile to special interests and favorable to of ] 8S7, under the construction of the Supreme Court, was government by law. directed to that end ; and yet disci' imina tions increased, and in For more than a year the law has been administered and dur­ 1906 they were generally recognized as stupendous evils. Some ing that time no one, ·save those whose wish was father to the of the old methods of granting rebates had ceased, but new thought, has claimed that the effects of that law have been det­ and more invidious, and therefore more dangerous, means rimental to honestly conducted railroading. Some criminals were employed. To-day it is the univerEal opinion of shippers were brought to justice and others were at least exposed to ar­ and others that rebates have practically ce.ased. There may rest, but railroad earnings grew no less.. In October and No­ be some cases yet in existence, but they are accompanied by as vember last the banks in· the city of New York, the cl~aring much danger to the giver and recciYer as are the crimes of banks for the counh·y, were raided. Millions of dollars were theft and burglary to the perpetrators of those offenses. This withdrawn from legitimate business and withheld from enter­ condition is due almost entirely, I believe, to the act of June 20, prise. These banks could not respond to the demand of their 1006. It increased the penalties somewhat for violations, depositors, the country banks, and these latter commenced to though not as much as I would have liked, for I would have hoard their deposits in self-protection against a "run" and imposed imprisonment more frequently; but, best of all, it made busine s depression was the result. If gentlemen mean that be­ detection easier. · cause some men who saw that the rate law itself could not dis­ It is true that we bad the Elkins law, a statute against re­ t urb business, but rather would make it more stable and there­ bates, but under it the offenses were not stopped . . The act of fore more desirable, were still intent on discrediting it and the 1906 did more than increase penalties and proYide means Adminish·ation which fathered it; if they mean that these men, for detecting offenders: It did what, may I be pardoned for a few of them, became worse than the vilest burglar who ever saying, I prophesied it would do when the bill was before this blew a safe or used a jimmy, worse than the highwayman who House, namely, serve notice upon the carriers that the time in the pistol's glare puts out life and steals the purse-became had come when they must respect and obey the Jaw. This worse than these, and tapped the arteries of the financial notice, I submit, did much to bring relief from the intolerable system and drew out sufficient of the circulating medium to rebate system. Respect for the law is more potent than the threaten commercial life with stagnation and death, then I can law itself. see some logic in their contention. But these logicians say that But, as I have stated, sentiment was not the sole Yirtue of these financiers would not ruin themselves to vent their spite. this legislation. The criminal' provisions were in effect practi­ Certainly not. Has anyone beard of the ruin of one of them? cally the same as under then existing law, but the Commis ion Their stocks haye gone down, but they bold them still, and with was empowered to fix a rate. It could with reason find in many the money they have withdrawn from circulation ·they can and cases that the. special rate was the reasonable one and declare· will profit by the necessities of the less fortunate. In the end it so; this of itself was a powerful reason against granting these men will be found smiling and serene in the structure rebates. The act provided that railroad accounts should be which they haye reared on the ruins of others. But let me say uniform and that the books of the companies should be subje ~t to those gentlemen that the country is not deceived, and if H to inspection by experts employed for that purpose. Under ever becomes a question as to whether we shall have gre1t this inspection it would be very difficult to pay rebates without prosperity by the grace ·of malefactors, or less prosperity under having the same detected. Entries would appear under some ·honest and impartial law, the people have already accepted name or designation ; several employees would have to be the latter and the struggle ·wm be over before it is fairly parties to the entries. Such employees would hesitate to com­ begun. [Applause.] mit a crime which would subject them to imprisonment, and I am no agitator, nor do I believe, as a general proposition, the more parties necessa1'y to the offense, the greater the danger in laws designed to make people good, but I do believe in com- of detection. The law was passed in 1906. Since then we have 1908. CONGRESSIONAL RECORD- HOUSE. 1}479 seldom heard of rebates. Is it illogical to claim that the act issued by the Commission on account of overcharges made by put an end to rebates? the railroads. In 60 cases the rates were reduced by the rail­ The one provision of the new law which received the most roads on account of correspondence conducted by the Commis­ bitter opposition was the section which gave the Commission sion, calling the attention of the railroads to the unreasonable­ power to fix a reasonable rate as the maximum in place of the ness of certain rates complained of. The remaining cases one found unreasonable. -Experience under the law fully jus­ resulted in the filing of formal complaints or were otherwise tifies the action of the Congress in inserting it in the statute. disposed of. It furnishes the only means for obtaining just and reasonable 'l'hus far only one final order of the Commission has been rates, and I hope to show before I sit down some of the great appealed from, viz, the Pt·eston & Davis case, which was benefits which ha\e actually been brought to the people thus· brought against the Delaware, Lackawanna and Western Rail­ far through the administration of this provision. It is true that road Company, in which the Commission ordered the defend­ some of the carriers ha\e seen fit, as usual, to evade the effects ants to reestablish its facilities for unloading petroleum from of this statute by indirection, but they can not go entirely be­ tank cars at Clymer street, at its Brooklyn terminal, so that yond its reach. For several years carriers have been raising the complainants could be served there as formerly. The de~ rates, insisting that they had a right to share in the general fendants appealed the case to the United States circuit court of prosperity of the country. This is an unfortunate statement of the southern district of New York, in which court the order their rights. Under existing law as construed by the courts the of the Commission was sustained. Up to the present time no common carrier is entitled to impose a freight charge which further appeal has been made by the defendants of this case. will yleld a reasonable return upon its in\estment after meeting I have caused to be examined the records of the 50 cases the necessary expenses of maintenance, operation, and exten­ which are discussed in the annual report of the Commission sion, but it is entitled to nothing more. It imposes and de­ now submitted to Congress and find that of this number 40 mands this when times are hard. Should it not be subject to attack the reasonableness of rates which were filed with this the same rule when times are good? Commission prior to the passage of the Hepburn bill, 5 attack I believe that the enforcement of the law against rebates the reasonableness of rates which were filed since the passage and other forms of favoritism has made it possible for the car­ of said bill, and in 3 of them some of the rates attacked were riers to make more money at the old rates than ever before, filed prior and some subsequent to the passage of the bill. In and certainly it is the common belief that net earnings since one of them the tariff complained of was not filed with the 1898 have been sufficient to demonstrate the fact that a rea­ Commission at all. There are now 305 cases pending before sonable return to railroads has been more than realized. the Commission, 198 of which are ready for trial. About 80 Representatives of the carriers insisted before the committees per cent of these cases deal with the reasonableness of the of Congress that anything like a general raise of rates was rate. Thus, it will be seen that .the law has demonstrated impossible. This statement was made in the face of the fact the wisdom of its advocates. Rates in 60 out of 78 complaints that rates were being raised at that time and have been raised were found unreasonable and reduced. In many more cases since and without any reason other than that the traffic would rates were reduced voluntarily by the carriers when com­ stand it. But how can it be said that the new law caused this plaints were threatened. Would this have ·been done had not rise in rates? .And if it did, can it be seriously urged that it the Commission been given power to administer justice in has been detrimental to the railroads and the cause of the these rna tters? panic? There is absolutely no provision of the law which en­ There is one defect in the law which, by proposed amendment, courages the raising of rates. On the contrary, it furnishes the I have sought to cure. The law provides that by giving a only relief against unjustly high rates, and if charges have been thirty days' notice the carrier may raise its rates. If at the increased with the knowledge that upon complaint and hearing end of the thirty days and after the new rate goes into effect they may be reduced and reparation to the shipper made, what it is found unreasonable, then complaint can · be made and the would have taken place under the old law? So far ns the rate may be reduced; but in the meanwhile business may have right to advance charges is concerned, no change was made by been injured, shipping contracts may have been disturbed, and the act of 1906 further than to require a thirty days' notice great wrong may have been in.fiicted. The amendment proposes of a change of rate. to give shippers the right to complain of the proposed rate at .And now may I call your attention to some of the things that the time notice of a raise is given. Then the question of reason­ have been actually done by the Commission since the act of 1906 ableness can be determined before irreparable injury has been went into effect? There were filed during the year from Decem­ effected, and that without any injustice to carrier or shipper. ber 1, 1900, to December 1, 1907, 415 formal complaints alleg­ [Applause.] With this amendment freight rates can be made ing various violations of the act to regulate commerce. There just and reasonable. Every protection against an unlawful ad­ were 82 similar complaints filed during the year 1906 and 350 vance in charges should be given by law. during the six years prior to the passage of the Hepburn bill. Since I have been in Congress I have seen demonstrated the Of the 415 complaints filed the Commission has heard and fact that patriotism and exalted statesmanship have no party investigated 27G, and of this number it has decided an~ made labels. [Applause.] I have seen the minority in this House at final reports on 126, all of which were contested and resulted times strain truth and propriety almost to the breaking in its in final orders. Fully 30 more are awaiting briefs, statistics, desperate attempts to acquire partisan advantage. I have no and various information asked for by the Commission, which doubt the Republicans did practically the same things when they is necessary before final orders can be made. Counsel for both were in the minority. It is really surprising what great and complainants and defendants have delayed in many instances good things a man or party out of power would do if in power. the issuance of final orders. After full hearing and investiga­ The surprise is only equaled by the paucity of things done when tion by the Commission, and upon arguments and briefs sub­ opportunity presents itself. [Laughter.] I said on this floor, mitted by the various parties to the actions, final orders were in discussing the rate bill at the time it was up for considera­ issued as follows: In 65 final orders were issued against various tion, that it was nonpartisan, and I ga\e credit for its passage defendant railroads, in 46 the complaints were dismissed, and to Democrats and Republicans alike. I was naturally glad that in 15 no final orders were issued, due to the fact that both its passage was brought about under a Republican Congress. In parties signified their intention to adjust their differences. fact, it is very gratifying to contemplate the fact that all posi­ In 14 complaints in which issues were joined by both com­ tive, progressive, beneficial legislation during the last forty-five plainants and defendants the petitions were dismissed at the years has been nnder a Republican Administration. Democrats request of the petitioners on the ground that the defendants have voted for these measures at times after they have talked had granted the relief asked for by the petitioners. Of the against them and exhausted the realm of criticism and opposi­ 12G reported decisions by the Commission 78 involved the rea­ tion. And criticism and opposition are not altogether useless. sonableness of the rates, 32 involved discriminations of various The minority has helped. I believe it has rendered real service kinds, 13 involved reparation claims, and 20 involved the estab­ to the country during the last four years. It has a nose for lishment of through rates. It will be seen that some of the carrion. It can scent corruption at very long range, but it has above-decided cases involved more than one issue; that is to no refined distinction as to the kind. It will rally its members say, a given case may have involved the reasonableness of a as gleefully to the carcass of a mouse as to that of an elephant, rate as well as a discrimination of some sort, etc. ·and I have sometimes thought its olfactories were so abnor­ In all there were 5,15G matters handled by the Commission. mally developed that they were dulled to all sweet things, and Of these 4,3S2 were informal in character, and of this number in breathing the miasma of death they failE!d to detect the odor 2,106 were returned to the complainants on account of the of life. [Laugher on the Republican side.] Commission not having jurisdiction over the matters com­ It does not require great ability to find fault with conditions, plaine-d of. There were 2,276 informal complaints handled, but it sometimes does require great ability to remedy those which resulted in the satisfactory adjustment of something over conditions; and yet fault-finding is necessary and is the largest 1,000 cases. In 660 cases refunds were permitted on orders part of the capital of a minority. I have little complaint to -· - - ,_. --

1480 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3,

make at much of the criticism of our minority brothers. It is merce on June 15, 1866. On January 7, 1868, Garrett Davis, true thc'lt a great ami:nmt of that criticism has been captious a Whig Senator from Kentucky, moved in the Senate that the and mu·easonable, but reason was not expected, and in the end, Committee on Commerce be instructed to inquire into the ex­ after the record for home consumption has been completed, the pediency of regulating interstate railroads in the matter of minority has \Oted right on most of all the great questions rates of fare, freight, etc., and on March 3, 1868, William before the Con!!ress. Loughridge, a Republican Congressman from Iowa, offered a E\ery little while I hear some Democrat say, or read of his resolution instructing the Committee on the Judiciary to inquire saying, that the rate bill, the antitrust law, and the enforce­ into the power of the Congress to regulate freight rates charged ment of them are of Democratic orig41; that Republicans have by railroads engaged in interstate commerce. On April 27, stolen Democratic thunder; that President Roo evelt, to use 1868, Godlove S. Orth, a Republican Congressman from Indiana, a. classical expression of :Mr. Bryan, has been wearing the lat­ moved that the Committee on Roads and Canals be instructed ter's clothes. Ordinarily I think it is wise not to notice these to inquire whether Congress bad power to regulate railroads things; but the statements have been made so long-and so loud extending through more than one State in such a manner as to that it is possible some of the you_nger generation may believe secure : (a) Safety of passengers; (b) uniform and equitable them, and the Democratic party may come to claim them by rates of fare; (c) uniform and equitable charges for freight or right of possession under the statute of limitations. I shall transportation of property; (d) proper connection with other make the claim hostile and shall dispute that either the rate roads as to the transportation of passengers and freight, and if, bill or the Sherman antitrust law is Democratic. in the opinion of the committee, Congre s possessed such power, .1\Ir. HEFLIN. Will the gentleman permit an interruption? to report a bill which would secure the objects mentioned. A 1\fr. TOWNSEND. Certainly. report on this re olution was made to the House on June 0, Mr. HEFLIN. Does the gentleman remember in the Fifty­ 1 68, and is remarkable for the strong ground it took in favor ninth Con.,.ress a. speech made by Mr. Sibley, of Pennsylvania, a of the widest interpretation of the powers of Congress to regu­ Republican, in which he said that the Democrats were responsi­ late commerce in all the particulars set forth in the resolution; ble for the rate regulation? but the committee did not pre ent a bill, for the reason, it said, Mr. TOWNSEND. 1\.ell, I believe Mr. Sibley was opposed ·that it did not have the information to enable it to proceed in­ to it, and he evidently wished to make it as obnoxious to the telligently. Petitions began to pour into Congress from every Hou e as possible; but neither Mr. .Sibley nor anybody else will direction praying for relief from various specified evils. In dispute the history of railroad legislation when I have presented December, 1869, William Williams, a Republican Congressman it to the House, for fortunately we have a record of all Con­ from Indiana, introduced a resolution in the House instructing gressional matters, and to it we can turn for facts when disputes the Committee on the Judiciary to inquire into the powers of are on. Congress to enact laws to protect the great agricultural and The history of American interstate and foreign commerce other interests of the West by securing lower railroad rates. would fill a volume. Indeed, it is the story of our growth and In 1872 U. S. Grant, a Republican President of the United development as a nation. State , for the first time in the history of the country called the The fathers who framed the fundamental law of our land attention of the Congress in a message to the fact that it would provided Congress with power •· To regulate commerce with be called upon at that session to consider certain means for the foreign nation , and among the several States, and with the cheaper and more certain transportation of products of the South Indian tribes." Upon that provision "hang all the law and and West to the Atlantic seaboard, and recommended that a the prophets " so far as Federal control o>er common car­ committee be appointed to obtain neces ary information !or the riers and corporations is concerned. When that provision enactment of suitable legislation to insure just and equitable was adopted interstate commerce was in its infancy. In com­ transportation. In compliance with this recommendation a Re­ parison with what exists to-day it was an almost negligible publican Senate appointed a committee with William Windom, quantity. Up until the middle of the nineteenth century the a Republican Senator, as chairman on December 16, 1872, and efforts of State and nation were devoted to devising ways and this committee was instructed to sit duribg the recess of the means for extending commerce; little attention was paid to Senate. The principal question before this committee was regulation of carriers. Indeed, as early as the sixties the Gov­ cheaper transportation rather than the abu e of railroad man­ ernment was donating lands and money for building railroads. agement. Yet the committee investigated all phases of the rail­ · The Government was exceedingly, may I say excessively, grate­ road problem; and its report was the first real comprehensive ful to the men who organized themselves into companies for plan for railroad control by the Federal Government. Upon the purpose, under sanction of general or special law, of per­ reading that report gentlemen will find that it is, · in many re­ forming for hire a function of government; and by such indul­ spects, a prophecy of the law of 1006. It is more radical in some gence it neglected to establish rules of conduct which might respects, and while it does not provide for a commission, it does easily have been enacted into law as a condition of engaging suggest a bureau of commerce, a forerunner of a rate-fll.'in.g in the common carriage of interstate commerce, but which were commission. strongly opposed and found extremely difficult of passage when The first bill inh·oduced into Congress seeking to regulate in­ proposed for the correction of established evils. Two classes terstate commerce by railroads and providing for a commission of railroad men came into being-those who builded railroads, was by George W. McCrary, a Republican Congressman from like the Vanderbilts, and those who wrecked them, like the Iowa. It was a drastic measure of fourteen sections and re­ Goulds and Harrimans. Railroads affected by the latter class quired the commission to fix schedules of reasonable maximum were handled on Wail street through the manipulations of rates on all interstate railroads. It passed a Republican House stock gamblers who had no more concern for the interests of in March, 1874, but failed in the Senate. At the same session of those people who bought stocks as an investment than they had Congress John Sherman, a Republican Senator from Ohio, intro­ duced a Senate bill prohibiting and declaring unlawful unjust for the people whom the roads, in theory, at least, were sup­ discriminations, providing for publishing all rates, and making posed to sene. Productive energy was extending mightily the departures therefrom illegal. In 1876 James H. Hopkins, of field of manufactures and general industry. Favoritism to Pennsylvania, introduced a bill similar to the one pre ented by special interests and places was shown and rates were fi.:I:ed Senator Sherman. Mr. Hopkins is the first Democrat- I find of without regard to justice or reason. record to take a positive step in the direction of railroad legis­ As the railroads of the country increased fu wealth and in­ lation, although, as we have seen, he had many distinguished fluence, less regard was paid to the rights and duties which they Hepublican examples to follow. owed the people. Discontent was being manifested throughout In 1878 Judge Reagan, a Democratic Congressman from the country and efforts to secure relief through the States Texas, introduced a bill in the House to regulate commerce were unavailing. Even before the close of the civil war there among the States and to prohibit unjust discriminations by com­ was a growing tendency to demand of the Federal Government mon carriers, but it contained no provisions for a commission. some relief from the manifest evils of transportation. His remedies for wrongs were suits in the courts for forfeit­ The first real movement to regulate commerce by railway on ures. In 1885 Mr. CULLO~£, a Republican Senator from Illinois, the part of the National Government was in 1865, when Charles introduced a bill in the Senate providing for regulation of com­ Sumner, a Republican Senator from .Massachusetts, introduced mon carriers through a commission and permitted pooling of in the Senate of the United States a bill to regulate commerce railroads under the commission's direction. At the same ses­ among the States, but the only recorded action on the bill was sion Con•ressman Reagan introduced a bill in the House simi­ its reference to the Committee on Commerce. lar to the one he had theretofore introduced. It prohibited li In December, 1 65, James A. Garfield, a Republican Con­ pooling and did not prov-ide for a comrnis ion. This bill passed gressman from Ohio, introduced in the House of Representatives the House, which was Democratic. The Cullom bill passed the a bill to facilitate commercial, postal, and military communica­ Republican Senate. These bills were in some respects similar. tions among the States. This bill became the first law assert­ The Reagan bill contained provisions intended to do away with ing the power of the Federal Government over interstate com- _discriminations between individuals and places, secure publicity, _, '------~------

1908. CONGRESSIONAL-RECORD-HOUSE. . 1481 etc., and then left the private shippers to fight it out with the which were copied from many other earlier bills on that subject corporations in the ordinary courts of law. The Cullom bill con­ preventing discrimination. tained similar provisions, but provided for the establishment of Mr.· GREGG. My question is, Did not his efforts in that a commission whose business it would be to supervise the exe­ direction culminate in the final adoption of the bill known as cution of the law, listen to complaints of shippers, investigate the Cullom bill? charges against offending railroads, and assist the shippers in Mr. TOWNSEND. Well, there was no doubt but what his obtaining relief. .After a long and thorough discussion a com­ efforts compromised the Cullom Act, if that is what _the gentle­ promise between the two' Houses was reac_hed, and what is man means; it undoubtedly compromised the Cullom Act, which known as the Cullom Act, or the law of 1887, was passed. enabled it to pass. Mr. CLARK of Missouri. Mr. Chairman, I would like to ask 1\fr. GREGG. Has not the gentleman got it backward? Did the gentleman a couple of questions. not the Cullom Act compromise the Reagan Act? M1·. TOWNSE~"T>. Very well. 1\Ir. TOWNS~. Oh, no, I think not. At least I have Mr. CLARK of Missouri. One of them is, Is not the Reagan stated the record, and gentlemen will have an opportunity to bill, which the gentleman has just referred to, the real founda­ review my remarks and see if I have quoted the history of tion of all legislation that has taken place since? the railroad rate legislation correctly. Mr. TOWNSE~""D . I would say that I have stated the facts­ Mr. GAINES of Tennessee. How many times did a railroad as they are, and if I haYe, the Reagan bill was not the regulating bill pass the Senate and come to the House before pioneer-- the Cullom Act passed? How many railroad regulating bills Mr. CLARK of Missouri. I didn't ask the gentleman whether passed the American Senate before the Cullom Act passed? it was the pioneer; I asked if it was not the foundation of all Mr. TOWNSEND. There was no railroad rate regulation the legislation enacted since. bill. There were several resolutions and bills inh·oduced. Mr. TOWNSE~"D. I do not think so; certainly not. .l\Ir. GAINES of Tennessee. When did the gentleman say the Mr. CLARK of Missouri. Now, the second question I want first bill was introduced-1860? to ask the gentleman is, Is not Senator CULLOM one of the .l\Ir. TOWNSE~"D. Eighteen hundred and sixty-five. statesmen who has been here a long time that has the trick of Mr. GAINES of Tennessee. From that time up to 1887 the getting his name fastened on somebody else's bill pretty fre­ Republican party had control of the Senate. Why is it that they quently? [Laughter.] were so long in getting the bill through the Senate? Mr. TOWNSEND. I am not prepared to state that. Mr. TOWNSEND. I will try and answer the gentleman's Mr. CLARK of Missouri. There have been four or five such question in a moment. Mr. Chairman, I now want to proceed gentlemen around here~ [Laughter.] to the conclusion-- Mr. GAINES of Tennessee rose. Mr. RICHARDSON. Mr. Chairman, will the gentleman yield Mr. TOWNSE~"D. I would like to complete my answer to for a question? the gentleman from Missouri. I would say that the Reagan Mr. TOWNSEND. How much more time have I? bill simply prohibited discrimination, and it left eYery man who The CHAIRMAN. Six minutes. was injured to his remedies under the law. He had to go into Mr. TOWNSEND. I can not J"ield unless I am granted more court. That is not the foundation of modern legislation. The time. · foundation principle of modern legislation is that which pro­ .l\Ir. RICHARDSON. I ask the gentleman but a moment. vides for a commission whose duty it shall be to care for the What does the gentleman consider, after the decision of the rights of those individuals, who are incapable of presenting maximum rate case by th~ Supreme Court of the United States, them themselves, and to secure justice in the courts. Mr. was the greatest obstacle m the enforcement of the law against Reagan was opposed to that feature, and it was under such railroads in the matter of collecting unreasonable rates? I opposition that it was forced into conference. Mr. Reagan op­ know that the gentleman must believe that it was the reckless posed the pooling proposition in the Cullom Act, and that went use of the power of temporary restraining orders and injunc­ out in the conference report. Now, I will yield to the gentle- tions by the courts. I quite concur with the gentleman in his man from Tennessee. · praise of the principles of the present rate law. I am not much Mr. GAINES of Tennessee. Is it not a fact that the Reagan disposed to amend that law unless it can be shown that the law bill passed a Democratic House, went to the Senate and was is working manifest injury. I want to call his attention to killed in the Sen.a te "? one part of that law. '£he gentleman has said that the rate law is a R~publican measure. I would like to ask the gen­ Mr. TOWNSE~D. No; the last time it did not. I know that in 1878 it was introduced, and in 1885 it did pass the tleman-- House and went oYer to the Senate, where it met the Cullom Mr. TOWNSEND. Oh, I will have to say to the gentleman bill, which had passed that body, and the two went into con­ that I can not allow him to make a speech in my time. Mr. RICHARDSON. But I am not going to make a speech. ference. Mr. TOWNSEND. But the gentleman has taken half of my Mr. GAINES of Tennessee. I think the gentleman will find time already. several Reagan bills passed several times the Democratic House Mr. RICHARDSON. I want to ask the gentleman this: Who and went to the Senate and were defeated, and then the House was responsible · for this part of the law : Reagan bill, the last one, came to the Senate and met the Cul­ Provided, That no injunction, interlocutory order, or decree suspend­ lom bill, and the two bills became the law of 1887. ing or restraining the enforcement of an order of the Commission shall Mr. 'l'OWNSEND. I wish to say that there is not a prin­ be granted, except on hearing after not less than five days' notice to ciple in the Reagan bill which is incorporated in modern legis­ the Commission. lation that was not seyeral times prior to his presenting it in­ Is it not a fact that every Republican on the Interstate Com­ troduced in this House by the gentlemen whose names I have merce Committee opposed that paragraph, and it is not of Demo­ mentioned here. [Applause on the Republican side.] cratic origin, put there by Democrats? Mr. GREGG. Will the gentleman yield to me? Mr. TOWNSEND. I can not say whether the resolution was Mr. TOWNSEXD. Certainly. presented seriously by any Democrat or not. I know I have Mr. GREGG. Is the gentleman informed as to when Judge never opposed the principle of notice of hearing. Reagan first introduced a bill embodying the principles of the Mr. RICHARDSON. I say that it is. bill that was finally passed ?• Mr. TOWNSEND. I say to yon that any man would be a fit .l\Ir. TOWNSEND. He never introduced such a bill. candidate for an insane asylum who would attempt to follow out Mr. GREGG. I do not mean the main features, but ·regulat­ all of the suggestions that have been made by gentlemen on that ing interstate commerce. side with reference to railroad legislation. [Applavse and Mr. TOWNSEND. He introduced a bill in 1878. It was laughter on the Republican side.] The trouble with the law preceded by the Garfield bill, the Davis resolution, the Lough­ of 1887 was that under the decision of the Supreme Court in ridge resolution, the Orth resolution, President Grant's message, the maximum-rate case it was devitalized of . all power. Now, the Windom report, the McCrary bill, and the Sherman bill. Mr. Chairman, I must finish my remarks. .Mr. Reagan had seen similar measures time and time again. Mr. RUCKER rose. Mr. Hopkins, a Democrat of Pennsylvania, was ahead of Mr. Mr. TOWNSEND. Oh, let me finish, and then I will stand neagan. here and answer all the questions the gentlemen may desire to 1\fr. GREGG. Doesn't the gentleman know that Mr. Reagan ~t , . first introduced a bill in 1878? Mr. RUCKER. But I desire to ask one question v/hich will lli. TOWNSEND. I haye said so. not take a minute. Mr. GREGG. Did he not work on it every session from then Mr. TOWNSEND. Well, let it go. on until it culminated in a compromise known as the Cullom Mr. RUCKER. As I understand the matter, the gentleman bill? has stated that for about thirty-five years prominent Republic­ 1\Ir. TOWNSEND. Certain features he had introduced, ans have been introducing and striving to enact a railroad-rate

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.1482 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3,

' act. I would like to ask the gentleman how it happens that have been under the present Administration four times as many with both Houses largely in the control of the Republican party bills in equity filed, nine times as many indictments found, and they ha>e ne>er been able to get such a measure enacted into seven times as many convictions had, with nine indictment law until its management was turned over to a Democrat in cases still pending. the Senate? . [Applause and laughter on the Democratic side.] The antitrust law is not of Democratic origin; its enforce­ Mr. TOWNSEl\'D. Mr. Chairman, I deny that the turning ment is not to Democratic credit. over of the bill to a Democrat in the Senate had anything to do But it is by some claimed that the Cleveland Administration with the passing of it, and I never heard that argument used was not to the liking of· the modern Bryan Democracy. How­ before. Such action was taken to defeat the passage of the e>er that may be, allow me to remind gentlemen that that bill. I am not saying that the railroad-rate legislation was Administration was more in harmony with the history and h·a­ ' enacted as early as it ought to have been enacted. I am simply ditions of the Democratic party than have been the principles I answering the argument that railroad-rate legislation is of and policies of that party since, and the Fifty-third Congress ; Democratic origin. When the Democrati.c party was in full was Democratic in both branches, and Cleveland was Presi­ power it did nothing in the matter. And in further answer to dent; ap.d, what is more, .Mr. Bryan was a Member of Congress

I the gentleman from Tennessee [Mr. GAINES], allow me to say and could at least ha>e called his party's attention to the need that the Republicans did not have the Senate ·from '65 to '87, of antitrust-law enforcement. He had a voice for speaking and the Democrats had a majority from '77 to '83. The Garfield bill a disposition to use it. The law was on the statute books and pas ed the Senate, as I have stated, in 18G6. The Senate ap­ the trust was abroad in the land. I have looked in vain for a pointed the Windom Commission in 1872, and its report, in 1873, recorded speech or for the record of a resolution delivered or gave the Congress and the country the most comprehensive introduced by him on the subject. I have heard he inh·oduced understanding of the railroad question in its relations to the a resolution and that it died from gross neglect, but I have been Government it had obtained up to that time. unable to find a record of it. I submit that the Commission and the country believed that the I have recounted this little history not for the purpose of act of 1887 gave the Commission power to fix a reasonable maxi­ claiming honor for the Republican party for what it has done mum rate; but after ten years the Supreme Court decided that so much as to dispute the unwarranted claims of our Demo­ the Commission did not have such power under the law. Agi­ cratic brethren. I repeat that they have helped pass· some good tation for further regulation was revived, and in 1902 Mr. laws, but they ha>e originated none of them. They sometimes ELKINS, a Republican Senator from West Virginia, introduced make good helpers, but thus far they have made sorry work of in the United States Senate a bill prohibiting rebates; thls initiating and directing. My experience and acquaintance with became a law February 19, 1003. In the Fifty-eighth Congress the Members of the minority in this House lead me sincerely to Mr. Tow ~sEND, a Republican Congressman from Michigan, in­ believe that the wisest of them at least are satisfied that their troduced in the House of Representatives a bill which was a party is not qualified to conduct the great business of go>ern­ combination of two bills, one introduced by himself and the ment. Many of them have been so engaged in talking bun­ other by Mr. EscH, a Republican Congressman from Wisconsin. comb to constituencies which evidently are easily fooled that ' This bill enlarged the powers of the Commission and provided they have got into a habit of insincere thought and action that for a commerce court to hear and determine questions arising would work ill to the country in the future as it has worked under the law. It passed the House in the last days of the disaster in the past. [Applause on the Republican side.] Congress and !ailed of consideration in the Senate. The pres­ .Mr. Chairman, I have spoken longer than I had intended, but ent law, named after Mr. HEPBURN, a Republican Congressman I submit that the provocation has been great. I am and have from I owa, was enacted in the Fifty-ninth Congress. Demo­ been a believer in and, I trust, a consistent wotker for just crats and Republicans voted for it, but it would ha>e had votes and equitable relations between the people and the great inter­ sufficient if every Democrat in both Houses had voted against it. state corporations chartered and sustained by law; not for the [Applause on the Republican side.] purpose of partisan advantage, but for the good-nay, for the If I have given the correct history of interstate-commerce safety-of the Go>ernment itself. I have never inquired nor legislation, does it lie with any man to claim that the rate law cared for the political origin of any measure before Congress. or the principles which it represents are of Democratic origin Right and justice are not copyrighted by any party. I have or conception? Has the President departed from Republican neyer knowingly worked nor voted for any measure that would policies when he has advocated it? injure any legitimate enterprise of the country, and it has seemed B.ut we are told that attempts at regulation of the trusts impossible to sit in silence under the charge that the enactment are certainly Democratic. Have not the Democrats always and enforcement of laws against great wrongs were subversive been against the trusts? Have they not in conventions con­ of the principles of good government and the cause of industrial demned them, and on the stump and in the press have they not and financial depression. Neither could I longer pos ess my fought them? No one will deny it. But what is the history soul in patience while gentlemen lost sight of the qualities of of antitrust legislation and of its enforcement? exalted American statesmanship and descended to the plane of In 1890 John Sherman, a Republican Senator from Ohio, in­ the politician to claim a credit they did not deserve. troduced in the Republican Senate a bill which bears his A new order of things is established in the land. The people name, and after it passed the Senate was sent to a Republican are aroused to their rights, and neither the schemes of the House, and after passing that body it became a law by the vicious nor the tricks of the demagogue will avail to deceive signature of a Republican President. [Applause on the Re­ them. .More than ever before they are demanding of their leg­ publican side.] islators-municipal, State, and national-honest, fearless, and The OHAIRMAN. The time of the gentleman from Michigan patriotic service. We must not and will not be deterred by the has expired. evil prophecies of lawbreakers. Mr. YOUNG. Mr. Chairman, I ask unanimous consent that No rogue e'er felt the halter draw my colleague may have time to complete his remarks. With good opinion of the law. The CHAIRMAN. The control of the time is in the hands The act of 1906 and the enforcement of law against public of the committee. malefactors haye not impaired and will not impair the general Mr. GAil'-.TES of Tennessee. .Mr. Chairman, I hope somebody prosperity, but will contribute to permanent justice and equal­ will yield time sufficient to the gentleman to finish his ity. The policies of the present Administration were conceived speech-- in patriotism and born of Republican parents. [Loud ap­ 1\Ir. HINSHAW. .Mr. Chairman, I yield ten minutes to the plause.] gentlelllil.n, the time he requests. Mr. STEPHENS of Texas. .Mr. Chairman, I yield twenty 1\Ir. GAINES of Tennessee. Now, if the gentleman will minutes to the gentleman from Ohio [Mr. SHERWOOD]. After­ ullow me, I want to correct him about the Sherman bill. I wards I will yield to the gentleman from Pennsylyania [Mr. know the gentleman does not want to state a thing that would BRODHEAD] five minutes, and then to the gentleman. from New not be correct. I know the gentleman does not want to do that. York [Mr. CoCKBAN] one hour. :Mr. TOWNSEl\'D. Let me finish this. The CHAIR!\f.AN. The gentleman from Ohio [1\Ir. SIIERWOOD] The Sherman Act became a law July 2, 1800. is recognized for twenty minutes. · During President Cleveland's 1\dminish·ation, the work under 1\ir. SHERWOOD. Mr. Chairman, it is now thirty-four years the Sherman law is represented by four bills in equity, two iu­ since I last addressed this great body of representative Ameri­ furmntions, and two indictments. Four of these cases pertained cans, and it touches me with deep sadness that of all my a so­ to the Debs matter. ciates in the Forty-third Congress only one-the Speaker of the Under President Roosevelt's Administl:ation, up to December House-remains. Of the Ohio delegation, all have passed to 1, 1!307, sL~teen bills in equity, one forfeiture proceedings, eight­ the great beyond. Of all the 1\Iembers then assembled here, een indictments, and two contempt proceedings. twelve only are still on earth. New men, new States, and new .As compared with President Cleveland•s Administration, there issues are before us. ------~- -

I

I 1908. CONGRESSIONAL RECORD-HOUSE. 1483

There were historical characters in that Congress, men called discuss the cause, or fix the blame, or punish the guilty, but let to deal with both ethical and fundamental questions growing us all unite as patriots and forget that we are partisans and out of the civil war, questions that stirred the bl9od and com­ agree on a measure of relief in the interest of business and of manded the most potent mental endeavor. Just across this labor, to whom idleness is either beggary or death. [Applause aisle sat two intellectual athletes-Gen. Benjamin F. Butler, of on the Democratic side.] As I read the President's message, he Massachusetts, and S. S. Cox, of Ohio and New York-who con­ offers no advice on a proper measure to relieve the distress of tinuously measured the strength and potency of their rasping his countrymen. He hinges his message on the Supreme Court scimiters at close range. In the seat where now sits our val­ decision declaring the employers' liability act unconstitutional. uable and worthy chairman of the Committee on Appropriations and he recommends new legislation. This is all proper and [Mr. MANN] sat my old Army comrade, James A. Garfield, then important, but is there any issue here? Is there any opposition chairman of that committee, and afterwards President of the to this proposed legislation? I have heard of none. The day United States. Right in front of the Speaker's desk, in his following the Supreme Court decision a Senator [KNox, of Penn­ wheeled chair, was Alexander H. Stephens, of Georgia, vice­ sylvania] prepared and introduced a bill to cure the legal president of the Confederate States, a man if intense and pow­ defects of the law declared unconstitutional. As to a new erful intellectuality, a h·ue type of that great array of intellec­ railroad-rate . bill, the President knows that the original rate ual giants that made both the House and the Senate great bill of the last Congress was amended and emasculated by the forums of debate during and after the war. President's own party out of all vitality and value. The Presi­ Ja-mes G. Blaine, the idol of his party, was Speaker of the dent also knows that the same Senators and Representatives House and the recognized leader. On the Republican side sat six that emasculated and made valueless the old rate bill are now representati"Ves of the negro race, just enfranchised, and on the absolutely dominating both branches of this Congress, and he Democratic side ten or twelve of the battle-scarred veterans of also knows that he used all the power of his great office to elect the Confederate army. I had the honor of a seat between Gen­ this same Congress. And now the question is under vigorous eral "Joe" Hawley, of Connecticut, and George Frisbie Hoar, discussion everywhere, especially in labor circles. [Applause on of Massachusetts, the former then famous as a. soldier, the latter Democratic side.] .. What has caused this sudden and unex­ as the exponent of the highest culture in the domain of civics. pected zeal of the President on behalf of the wageworkers? Is But lest I be classed as a reminiscence, I will not indulge in it a political play to exploit and stampede labor in the interest reminiscences further. I am not a pessimist. I believe in to­ of the candidacy of the Secretary of War? Or is it a spectac­ day, I believe in the future, I believe in the better day to come. ular and sensational play to diYert the attention of the country And if the debates I have listened to in this Congress seem tame from the all-pervading distress? [Applause on the Democratic and commonplace it is because no great vital questions to stir side.] The President, like the Secretary of War, has a labor men's blood have been under consideration, questions to waken record that needs extensive patching to make it at all present­ the full force of high intellectual effort. able. [Applause and laughter.] Let me refer to the recent It is great crises that make great orators and a great soldier troubles at Goldfield, Nev. Conh·ary to all precedent, contrary is only born of a great war. It is not great men who create to law, in order to aid the mine owners to crush out the miners' epochs· of human history; it is epochs that make great men. union, the President called out the United States troops. What Had there been no Trojan war there would have been no Homer. did the mine owners want? Had there been no conflict of the kings in the formative period First. A sweeping reduction of wages. of English literature there would have been no Shakespeare. Second. To desh·oy organized labor by refusing employment Had there been no civil strife there would have been no Abraham to every miner unless he should renounce his membership in the Lincoln. Should a great crisis confront this Congress, I sin­ Western Federation of Miners. This act is in direct violation cerely believe that there is material on this floor, on both sides of the State law of Nevada bearing upon this subject. of this historic Chamber, to equal in forensic power the record Third. To force the miners to accept scrip in lieu of cash, the of the past. Such a crisis may not be far off. mine owners refusing to guarantee it, a scrip issued in ·viola­ And now, Mr. Speaker, I desire to discuss, in the fewest pos­ tion of Federal law regulating the issuance of currency. sibfe words, the remarkable message of the President. The I have here a very voluminous report, bearing upon this last most remarkable in salient features of any ever read on this of the labor troubles in the Rocky Mountain regions. This re­ floor. I shall discuss it in sorrow, and surely without prejudice port was made by a commission appointed by the President to or party bias, as all the hot-whetted shafts, delivered with make a thorough examination and investigation into the causes such terrific force and venom are aimed at the men who control of the Goldfield sh·ike, and the necessity for sending the United and dominate the principles and policies of the President's own States Army to Goldfield to aid in wiping out the miners' union. party. No Member on this side of the Ho~se is hit or lacer­ I have t~e report in full in my possession, though it is not now ated by the President's double-edged and powerful cleaver. available. Why it was not printed I can not say. The demands [Appl{luse on the Democratic side.] for it are great: 'rhis report has great value not only to every What I feel impelled to say is not all my own inspiration, wageworker in the United States, but to every Representative but comes from the earnest prodding of the brave and patient on the floor of this Congress. This special in\estigating coin­ people whom I have the honor to represent. mission was appointed by the President December 11, 1907, and l\Iy people are in great distress. Our mercp.ants are com­ the report submitted December 30. · plaining of falling trade; our manufacturers are curtailing The President's order is as follows: You are hereby directed to proceed immediately to Goldfield, Nev.,· their output. Five thousand worthy workers in Toledo, Ohio, and make an investigation at that place into the conditions existing are out of work and eating the bitter bread of charity. The there at this time, and you will, on your return to Washington, sub­ same deplorable condition exists all over this unhappy country. mit a report to me personally. Labor is in despair and desperate from hunger in all our larger This commission was composed of Lawrence 0. Murray, cities. What, then, is the vital question of the hour? Should Assistant Secretary of Commerce; Charles P. Neill, Commis­ not the universal answer be for a movement of all representa­ sioner of Labor; Herbert Knox Smith, Commissioner of Cor- tives of both parties, without consideration of party or par­ porations. . . tisan gain, for legislation to calm the general discontent and Why this commission was ordered to report to the President aid in the restoration of confidence; to start again the wheels personally I do not know. The Constitution and laws recognize of. industry, to again employ labor, and in the sacred name of only one person in the White House, but now it seems we have humanity to make a united and heroic effort to relieve the two-Theodore Roosevelt, the President, and Gen. Theodore millions of men, women, and children in the pangs of despair Roosevelt, the person. and starvation. As to the report, I quote a paragraph on page 11: We are in the midst of a se\ere crisis. In Chicago, in New The strike grew out of a refusal on the part of the miners to accept Yor:ii, in all our great cities, a vast multitude are desperate and cashier's checks in payment for their wages, the miners insisting ripe for revolution, and this is no time for polftical philippics. upon some form of guaranty by the mine operators of whatever paper was accepted in lieu of cash. Various propositions were made, but no Thi is a time for calm judgment, for humane consideration of basis of agreement was reached. the best possible measures to relieve the universal distress. Concede all the President's message contains to be true, what This plan was prepared by the mine owners, according to the called it forth at this time? After the great battles of the President's commission, and they were afraid to attempt its civil war we used to gather at night by the lights of the bivouac execution without the aid of Federal troops. The mine owners fires and the lanterns of the ambulance corps and bury our therefore secretly arranged with Governor Sparks to call upon dead under flags of truce. On the one side the Blue, on the President Roosevelt for troops when they were ready to spring other the Gray. No hostile shots were e\er fired during this the programme and force its provisions upon the miners. The following is from page 12 of the report : saddest and most sacred of all the terrible duties of war. I The action of · the mine operators warrants the belief that they had To-day, in the midst of the dead and the wounded, the result of determined upon a reduction in wages and the refusal of employment the disastrous money panic of last October, let us not pause to to members of the Western Federation of Miners, but that they feared -- --

1484 CONGRESSIONAL RECORD-HOUSE. F EBRUARY 3,

I to take this course of action unless they had the protection of Federal trial for his life. It remained for the United States t o produce troops, and that they accordingly laid a plan to secure such troops and then put their programme into efi'ect. such an official in the person of President Roosevelt, violating the most sacred traditions of all Christian nations. The following is from page 16 of the President's commis­ I am not aiming to pose as the champion of organized labor sion: on this floor. I do not assume to represent organized labor In short, up to the time the troops arrived and for six months prior thereto there had been no unusual conditions of violence or disorder alone. I did not ha\e the indorsement of organized labor in or any such conditions as would in any way justify the presence of my campaign for Congress. But I stand for men. I stand for the Federal troops or their retention there. The conditions did not all the measures of reform borrowed by the President. I am support the general allegation in the governor's request for troops, nor were his specific statements established to any such extent as to for all the so-called " Roosevelt policies," except militari rn, im­ justify his use of these statements for the purpose of getting Federal perialism, and vampirism. The President stands for nothing troops. of any vitality that he did not borrow from the Democratic Now, I unhesitatingly declare that the sending of the troops platforms of 1896 and 1900. I was for all the e policies and to Goldfield was not only unnecessary, but in direct violation working side by side with the peerless leader from Nebraska of the Revised St..11.tutes of the United States, and this report, for a whole decade, while the self-appointed champion of these ' made by the President's speeially appointed commission, proves policies, now in the White House, was before the American it. The report of the President's special commission shows the people denouncing Bryan and his cause as dangerous and anar­ sending of United States h·oops to Goldfield was a criminal chistic. [Loud applause on Democratic side.] outrage. I quote from this report, page 13: · . And I an;t as ready and anxious to vote for these pr inciples Neither the county commissioners, the sherifl:', nor the district at­ m the comrng No...-ember as I was in 1 !)6. But not under a torney were consulted, nor had any of them even a suspicion of the newly con\erted leader devoted to militarism and imperialism action which had been taken. The first news that the city had that and the reckless waste of the people's hard-earned tnx money. it was in a. condition of lawlessness and disorder requiring the inter­ vention of the Federa.l Government was when dispatches appea.red in [Applause on the Democratic side.] I prefer a leader tried and the papers that the troops had been called for and were then on their true, prescient with h·uth, endowed with unwavering fidelity way to Goldfield. When the fa.ct wa.s ascertaine ~ positively that the to the cause of the people, and not a wabbler, looking daily troops were actually on their way to Goldfield a. formal protest was telegr phed to the governor by most of the county officials. for a new slogan to win unthinking applause. I see that.Jeader In this connection it is proper to refer to another feature of now. I see our champion still in the limelight, as in 18!36. In the case, which was fully reported in the western _papers, but mental endowment he is the superior of the " strenuous one " for obnous rea.sons was omitted from the report of the Prest· without his imperial swagger. [Laughter and applause.] H e dent's commission. According to the accounts of these papers, never appeals to those who exalt the cruel or the brutal. H e which have not been denied, Sn.roN GUGGENHEIM, of Colo­ would never, if President, hold Japanese wrestling matches on rado, and a few others of his class representing the mine own­ the White House carpets. [Laughter and applause on the Demo­ ers' interests of Nevada, met with the governor of Nevada, en­ cratic side.] He never staboed to death a cub mountain lion tertained him at a banquet in a convivial fashion, and it was amid the wild plaudits of the cow punchers and broncho busters. by this means the governor's consent was secured to call for fLaughter and applause on the Democratic side.] He never troops when the mine owners were ready for them. Indeed, drank the brutish milk of the she bear in Louisiana canebrakes II this account stated that the governor was in an irresponsible but in moral grandeur he towers above the dictator of the Whit~ state when this conspiracy to crush union labor was hatched. House as the Washington Monument above the marshes of the Whether this be true or not 'it has never been denied. Potomac. [Laughter and applause on the Democratic side.] Do you want more evidence that our heroic and much-idol­ Our champion is broader in culture, riper in that knowledge ized President, so suddenly full of new-born zeal for organized of affairs that comes from h·a...-el and contact with the best labor, has only a record of words on the labor question? Let minds of both continents. He is better poised and safer bal­ us examine briefly another cruel chapter of lurid history. anced. His name is William Jennings llryan. [Loud Demo~ On February 17, 1906, three officers of the Western Federation cratic applause.] And the shibboleth of oui· Democracy shall of Miners--Moyer, Haywood, and Pettibone--men without guile, be : guilty of no crime, were arrested between 9 and 11 o'clock Sat­ The flag of these shining stars of States shall never float urday night. They were arrested c:1 warrants sworn out by over a cotmh·y where the sword and the man on hor eback the county attorney of Canyon County, Vanduyn by name, and usurp the functions of justice, liberty, and constitutional law. this affidavit was false. The warrants were issued from Cald­ [Loud and long-continued applause on the Democratic side.] [I The following is the report to which I made reference in my l r well, Idaho, the home of Stunenberg, where he was killed. The warrants were placed in the hands of Idaho officers, who went speech: [r to Denver. Haywood was arrested while leaving t he Federa­ T HE GOLDFIELD STRIKE. tion offices between 9 and 10 o'clock. Pettibone was at home; . DECEMBER 30, 19.07. his wife being absent, on her return found him gone. Pinker· tio~~R: : On December 11, 1907, you issued to us the following instruc- ton detectives, under the direct charge of Adj utant-General " You are h~reby 9--ire~ted to proceed imJ?Cdiately to Goldfield, Nev., Wells, guarded the men rigorously until the special h'nin, and make ~n I}J-Veshgation at th.a.t place mto the conditions existing th.ere at th1s tune, and you will, on your return to Washington, sub­ li which had been previously arranged for, was ready. The men Irut a report to me personally. were not permitted to consult counsel nor was any information " All Pederal officia.ls, both civil and military, are hereby directed as to their whereabouts permitted to leak out until_ after they to render you . any ass_istunce that you may need, and to give you acce s to any informatiOn, papers, or documents that they may have were safely aboai·d the special train. This train made no stops bearing on the situation." I' at any station during the 1,000-mile journey, except a t watering In accordance therewith we left Washington on the afternoon of [: tanks and coaling stati-ons. December 11, arriving at Goldfield, Nev., in the evening of the 15th and proceeded a.t once to make the investigation directed. We gave An announcement was publicly made by the Pinkerton dc­ our entire time to this object, continuing hearings and interviews tecth·es who had directed the kidnaping that their fate was every day, and usually until midnight, with the help of one, and sealed and that they wonld never leave the State of Idaho later two, stenographers, until the morning of December 21, wllen we left Goldfield and returned to Washington. alive. When the facts of the arrest and the methods became Immediately upon our arrival in Goldfield we conferred with General known the whole body of organized labor was aroused and tre­ Funston, who had been investigating the situation the1·e for severa.l mendous excitement stirred the entire labor world. The su­ day previous to our arrival, and who remained for some days and preme court of Idaho refused to consider their application assisted us in every way in our work. We next discussed the situation fully with the governor of the State, who was at Goldfield and then for habeas corpus and this decision was confirmed by the met a committee from the miners' union and the executive com­ II supreme court of the United States, J ustice McKenna giving a mittee of the Goldfield Mine Operators' Association. We thus obtained dissenting opinion. No case of more vital interest to labor was ~i~!~e outset a comprehensive preliminary survey of the general situa- ever before tha.t august tribunal. Here was a chance for the Tbe Mine Operators' Association, through their counsel, then pre­ President of the United States to proclaim in thunder tones sented to us a general statement of their side of. the case and as for the great fundamental rights of man guaranteed by the · they were the persons primarily desiring the coming and the' retention of the troops, we informed them that we would i·egard this wl'itten Constitution. But he was as silent as the oysters of Oyster statement as analogous to the plaintifl:''s complaint in a court action, Day. Instead of this the President took occasion to denounce and that we would at once call upon them to mal'e out their case and lay before them the responsibility of producing as rapidly as possible the these three innocent officials who were, as it was clai.II!ed, about evidence therein, reser>ing to ourselves. of course. the right to hear to be railroaded to the gallows as " undesirable citizens." He thereafter evidence on the other side. They agreed to this procedure., also sent Sec1·etary Taft to the State of Idaho when an election which seemed to be the most practical wa.y of handling the matter, and for several days brought before us numerous witnesses, documents and was pending to plead the cause of the governor and in effect other evidence intended to substantiate the allegations of theii· so­ to aid the conspiracy that was seeking to hang the labor officials called complaint and demonstrate the need for Federal troops. Their and drive organized labor from the State. counsel was informed that our primary object was to secure informa­ [ 1. Neither England, nor }!"'ranee, nor Germany, nor Austria has tion bearing on the question. as to what justification existed for the call for Federa.l troops and for tbeir continuance at_ Goldfield, and, ever been cursed by a King or Queen or Emperor who has pub­ after severa.l days of bearings, on December 20, he assured us that he licly voiced his convictions, denouncing a suspected subject on had produced substantially the best evidence on his side of the case, - -- ~- -~

1908. CONGRESSIONAL RECORD-HOUSE. 1485 that anything more he might bring wouldo be simply cumulative, and, true that the call of the governor of Nevada of Decembe~ 5 was ap­ m substance, that he rested his case on what he had presented. parently based upon and followed lar$ely the wording of section 5299, Inasmuch as we were by this time satisfied that the mine operators probably under a misapprehension or the force ef that section. The had not in any particular established a case justifying either the bring­ attorney-general of the State informed us that he had been consulted ing or the retention of the troops, we did not deem,, it necessary to take in the preparation of the call and that it had been based upon section any extensive evidence on the other side, and the hearing was sub­ 5299. The ~overnor stated in that call, however, that certain facts stantially closed with a brief formal interview with the said committee existed, whicn facts, if sufficiently verified and if broad enough in their from the miners' union. scope and important enough in their bearings, might conceivably fur· nisb sufficient ground for Federal action under section 52!>7, Revised THE QUESTIOX BEFORE THE COMMISSION. Statutes" and although, as above set forth, it was obvio-u!J that the The Federal troops bad been sent to Goldfield on the request of the governor in framing the said request bad before him especially section governor of Nevada, dated December 5, 1907, and we made it therefore ~99, which was wholly inapplicable, nevertheless it was, of courser the primary object of our work to ascertain, first, whether the state necessary to look rather at the substance than at the form of the of facts existing in Goldfield prior to and at the arrival of the troops request and to ascertain whether the facts so stated formed a basis of corresponded with the allegations of said request of the governor of action under section 5297, Revised Statutes. The request of the Nevada and gave sufficient ground for the sending of the troops, and, governor was as follows : second, whether the conditions existing at Goldfield upon the arrival of the troops and up to and during the time of our stay there afforded "UNITED STATES OF AM~CA_, State of Ne1:ada, ss: a sufficient basis for their retention at that point; and, if so, for what aTo His Ea:cellenctJ Theodore Roosevelt, period they should be retained. "President of the United Bta.tes: Incidentally, we necessarily inform~d ourselves briefly as to the "At Goldfield. Esmeralda County, State of Nevada, the1·e does now merits of the industrial contro;ers:y there existing, but only so far as exist domestic violence and unlawful combination and conspiracies, the same had some bearing on the question of law and order and the which do now so obstruct, and continue to obstruct and binder, the presence of the Federal troops. AIJ.y complete or satisfactory examina­ execution of the laws of the State of Nevada, and now deprive and tion into the general merits of the industrial dispute would have continue to deprive, the people of said section of the State or the rights, covered many weeks and would have been impossible for us to make, privileges ~immunities, and protection named in the Constitution of the having as we did no power to administer oaths or compel the attend­ United Smtes,1 and of the State of Nevada, and which are secured by ance of witnesses or the production of evidence. the laws for the protection of such rights, privil~~es, and immunities; Inasmuch as the troops are still in Goldfield and the question of their and the constituted authorities of the State of .Nevada are now, and retention there is an important issue, we deem it proper to submit to continue to be, unable to protect the people in such rights, and the you herewith a report bearing on this question, and we therefore direct reas~n of such inability and the particulars thereof are the following, our findings in this report to a consideration of those facts which are to w1t: rele;ant to this question in view of the requirements of section 4 of "Unlawful dynamiting of property, commission of felonies, tbreats Article IV of the Constitution, sections 5297, 5298, and 5299 of the against the lives and property of law-abiding citizens, the unlawful Revised Statutes, and the act of June 18, 1878, and to a consideration possession of arms and ammunition and the .confiscation of dynamite, of the question as to what facts existed at Goldfield before and since with threats of the unlawful use of the same by preconcerted action. the arrival of the troops to constitute the grounds of action described "The lawfully constituted authorities of this State are unable to by the said article of the Constitution and the said statutory sections. apprehend and punish the perpetrators of "Sitid crimes, and to prevent the commission of other threatened crimes, and unless the relief here­ SECTION 5298, REVISED STATUTES.-Insurrection against the Govern- inafter requested is granted, tbis Stat~. and the lives and property of ment ot the United States. large numbers of its people, will be irreparably affected and damaged " ~enever, by reason of unlawful obstructions, combinations, or contrary to the peace and dignity of the United States and of the assemblages of persons, or rebellion against the authority of the Gov­ State of Nevada. ernment of the United States, it shall become impracticabLe, in the " Therefore, pursuant to Article IV, section 4, of the Constitution or judgment of the President, to enforce by the ordinary course of ju­ the United States and to sections 5297 and 5299 of the Revised dicial proceedings the laws of the United States within any State or Statutes thereof, l John Sparks, governor, do hereby respectfully Territory, it shall be lawful for the President to call forth the militia request that Your Excellency, Theodore Roosevelt, President, do im­ of any or all the States and to employ such parts of the land and mediately send to Goldfield, Esmeralda County, Nev., two companies naval forces of the United States as be may deem necessary to enforce of the troops of the Army of the United States, to suppress unlawful the faithful exe<:ution or the laws of the United States or to suppress disorder and violence, to protect life and property, to restore peace, such rebellion in whatever State or Territory thereof the laws of the and to insure protection of law to the people of the State of Nevada. United States may be forcibly opposed or the execution thereof forcibly urn witness . whereof, I have hereunto set my hand and caused the obstructed." great seal of the State to be affixed, at the capitol, Carson City, Nev., on this 5th day of December, A. D. 1907. SECTIO:S 5299, REVISED STATUTES.-P01~er to Sllppres" insurrection in violatio1'~> of civiZ rights. " fSEAL.l JOHN SPARKS, Got:ernor.'" " Whenever insurrection, domestic violence, unlawful combinations, While the first part contains a number of allegations, they are or conspiracies in any State so obstructs or hinders the execution of general and formal in nature. The specific statements of fact con- the laws thereof, and of the nited States, as to deprive any portion tained in the call appear in the second paragraph. or class of the people of such State of any of the rights, privileges, or FACTS AS TO SITUATION IN GOLDFil!lLD. immunities or protection named in the Constitution and secured by With these legal considerations in view, our findings are as follows: the laws for the protection of such rights, privileges, or immunities, There has existed at Goldfield, which is exclusively a mining town of and tbe constituted authorities of such State are unable to protect or an estimated population of between 15,000 and 20,00Q in southern Ne­ from any cause fail in or refuse protection of the people in such vada, for oyer a year past, and especially since the spring of 1907, a rights, such facts shall be deemed a denial by such State of the ~ual disturbed industrial situation, due to frequently recurring labor difficul­ protection of the laws to which they are entitled under the Constitu­ ties between the mine operators on the one hand and the miners on the tion of the United States; and in all such cases, or whenever any other. The two sides were represented almost completely by the Gold­ such insurrection, violence, unlawful combination, or conspiracy op­ field Mine Operators' Association, including almost all the owners, oper­ poses or obstructs the laws of tbe United States or the due execution ators, or lessees of mines on the one hand, and by the local union of thereof or impedes or obstructs the due course of justice under the the Western Federation of Miners on the other, a union comprising sub­ same, it shall be lawful for the President, and it shall be his duty, stantially_ all the miners in Goldfield. This union, known as Goldfield to take such measures, by the employment of the militia or the land Miners' Union, No. 220, is a branch of the general organization known and naval forces of the United States, or of either, or by other means, as the Western Federation of Miners. It bas carried on its rolls a as he may deem necessary, for the suppression of such insurrection, membership estimated at aboye 3,000 men, which number, however, in­ domestic violence, or combinations." cluded members of crafts in Goldfield· other than workers in and about Revised Statutes, section 5298, deals only with insurrections against mines. Figures furnished us by the mine operators showed that about the Government of the United States ; Revised Statutes, section 5299, 1,900 mine workers went on strike on November 27, 1907. Although deals only with violations of rights, privileges, immunities, or protection a number of strikes and minor difficulties had occurred during 1907, secured by the Constitution of the United States. These two sections the only acute situation arising prior to the call for troops existed in may be, therefore, dismissed from consideration with the simple state­ the spring of 1907. This controversy involved not only a dispute be­ ment that there is absolutely no evidence showing the existence of any tween the mine owners and the miners at Goldfield, but also between the insurrection against the Government of the United States or. the viola­ members of the miners' union and the members of other crafts in Gold­ tion of any Federal rights. field affiliated with the American Federation of Labor. The Goldfield Section 4, Article IV, of the Constitution provides as foiJ.ows : Miners' Union was also affiliated with the OI'ganization known as the "The United States shall guarantee to every State in this Union a Industrial Workers of the World, and :m eiiort was made to force mem­ republican form of government, shall protect each of them against bers of other crafts not affiliated with the organization to join its ranks. invasion; and on application of the legislature, or of the executive Not only the Mine Owners' Association and members of the miners' (when the legislature can not be con;ened) against domestic violeuce." union went armed. but members of crafts not affiliated with the Indus­ Section 5297, Revised Statutes, based on the above constitutional pro­ trial Workers of the World felt it necessary to carry arms to protect vision, is as follows: themselves while at work. The condition of Goldfield at thnt time was " In case of an insurrection in any State against the ~overnment that of an armed camp, and for a time a serious clash seemed imminent. thereof, it shall be lawful for the President, on application of the The contro;ersy resulted in a murder of a restaurant keeper and aroused legislature of such State, or of the executive, when the legislature can such opposition against the Industrial Workers of the World that a not be convened, to-call forth such number of the militia of any other ban was practically put upon them, and the organization under that State or States, which may be applied for, as he deems sufficient to name was forced to abandon Goldfield. This acute situation disap­ suppress such insun·ection ; or, on like application, to employ, for the peared before the end of the spring of 1907. same purposes, such part of the land or naval forces of the United A succession of miners' strikes, h<>wever, bad taken place through­ States as he deems necessary." out 1907, some of them with appa·rently little justificntion; and although Act June 18, 1878, chapter 262, s.ection 15 : the operators had yielded to nearly all the demands of. the union, it " From and after the passage of this act it shall not be lawful to seemed impossible to secure any settled industrial conditions. The mine employ any part of the Army of the United States, as n posse comitatus, operators insist that the socialistic doctrine adopted and preached by or otherwise, for the purpose of execut:ing the laws, except in such the Western Federation of Miners practically justified the stealing of. cases and under such circumstances as such employment of said force ore by the miner. Some of the mines at Goldfield are among the rich­ may be expressly authorized by the Constitution or by act of Con­ est in the world. They maintain, and of this there is little doubt, gress ; and no money appropriated by this act shall be used to pay any that this phenomenally rich ore is daily stolen to the amount of many of the expenses incurred in the employment of any troops in violation hundreds of dollars by some of the miners, and that the representatives of this section ; and any person willfully violating the provisions of this of the union have resisted and attempted to nullify reasonable attempts section shall be deemed <>'Uilty of a misdemeanor and on conviction on the part of the mine owners to protect themselves against these thereof shall be punished by a fine not exceeding $10,000 or imprison­ thefts by " change " rooms or otherwise. ment not exceeding two years or by both such fine and imprisonment." The industrial situation was furth~r aggravated by the fact that the The said constitutional section and the said statute based thereon, Goldfield Union woul.d not enter into any contract governing working together with said act of June 18, 1878, being clearly the only pro­ conditions for any specified length of time, and the mine operators, vlslon of law possibly applicable in the premises, we took them us a therefore, could have no assurance at any time that any settlement of guide "for our investigation into the facts existing at Goldfield. It is a dispute was more than a temporary makeshift, nor could they secure - . -...------~-- -

'1486 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3,

any assurance of stable industrial conditions for any fixed length of plan to drive out nonunion m~n. They represented the paying ofl' of old• time. scores due to former troubles in Cripple Creek and the Coeur d'Alenes. Moreover, the Goldfield Miners' Union embraces in one single union There was no evidence of the unlawful use of dynamite, with the

; not only the various crafts working in and about the mines, but also one exception that it was shown that one of the poles of the electric clerks, waiters, bartenders, and other miscellaneous crafts and avoca­ company's plant had been bored and dynamite cartridges inserted .i tions in Goldfield. and lighted (which, however, failed to explode), and that a large On November 27, 1907, a strike of the mine~s was inaugurated and number of other cartridges had been left at the base of the pole. No is still in effect. This strike grew out of a refusal on the part of the actual damage was done. This occurred shortly before the arrival miners to accept cashiers' checlu: in payment of their wages. The of the troops. It was alleged by the miners' union that this had been miners insisted upon some form of guaranty by the mine operators of done by the mine operators themselves in order to produce the ap­ whatever paper was accepted in lieu of cash. Various propositiona pearance of violence ; and while we express no opinion as to who placed were made, but no basis of agreement was reached. the dynamite there, it must be admitted in the circumstances in the The merits of this controversy are pot of importance here, as we case that the clumsy way in which the work was done at least raises are concerned solely with the question of whether or not conditions a reasonable doubt as to the genuineness of the attempt. We find warranted the calling for Federal troops. The mine operators insist that there were at the time of troops' arrival a considerable number of that the attitude of the miners in refusing to accept cashiers' checks rifles in the possession of each party ; tP.at a large number of men in in payment of wages in the then acute currency condition of the the town were carrying pistols, but probably not in much greater pro­ country was unjustifiable, and that this as a culmination to their past portion than is true of most minmg towns of this character. In experience exhausted their patience and definitely determined them to short, up to the time the troops arrived and for six ·months prior make a final break with the Western Federation of Miners and estab­ thereto there had been no unusual conditions of violence or disorder lish their permanent independence of that organization. The miners or any such conditions as would in any way justify the presence of contend that their demand for a guaranty of the scrip by the mine the Federal troops or their retention there. The conditions did not operators was entirely proper and just, and that the mine operators support the general allegations in the governor's request for troops, sought a strike as a means to secure Federal troops, and then rcuuce nor were his specific statements established to any such extent as to wages and destroy the union in Goldfield. justify his use of these statements for the purpose of getting Federal The action of the mine operators warrants the belief that they had troops. determined upon a reduction in wages and the refusal of employment The great bulk of the testimony submitted by the mine operators to members of the Western Federation of Miners, but that thay feared sets forth facts which tended to show not the existence of actual to take this course of action unless they had the protection of Federal serious disorder in the past or in the present, but the possibilities of troops, and that they accordingly laid a plan to secure such troops future disorders should the troops be withdrawn. It was this potential and then put their programme into effect. situation that was obviously in the minds of most of the men who A committee of the mine operators went to see the governor on De­ appeared before us on behalf of the retention of the troops. Many cember 2, and urged upon him the necessity of calling for the Federal men of almost all classes, whose assertions we believe to have been troops to preserve peace and order in Goldfield. An agreement seems perfectly sincere, stated earnestly that they believed that should the to have been reached that if conditions continued as they then were troops be withdrawn there would very shortly arise a condition of that the governor would issue such call, and the committee returned, serious disorder and violence, loss of life, and damage to property, after having agreed with the governor upon a code word whicll should taking the shape of a direct conflict between the miners' union and be sent by telegraph to indicate the necessity for troops still existed. the mine operators. Inasmuch as the situation, as above stated, had Some days later the agreed-upon word was telegraphed to the gov­ remained substantially unchanged for the six months prior to the com­ ernor, and he thereupon issued his call upon the President for troops. ing of the troops, during which time practically no one believed in During this time, when conditions at Goldfield were represented to be the probability of an insurrection or serious disorder, and inasmuch in such lawless state as to demand Federal troops there was appar·ently as on December 5 the so-called insurrection was unknown to the com­ no discussion of the subject whatever carried on outside of tbe Mine munity, and the coming of the troops a complete surprise, it was ob­ Operators' Association. No indication was permitted to becom~ public vious that some new factors must have entered the situation very as to the real purpose of the call of the committee on the governor. recently in order to produce these honest opinions as to future disorder. The papers published the fact of the presence of the committee from We find that such new factors did enter, but after the troops arrived, Goldfield at Reno and stated the purpose of its visit to be the selec­ and that they consisted of the announced determination aforesaid on tion of a site for a smelter. After the agreement with the governor the part of the mine operators, on December 7, to reduce wages and to and pending the sending of the telegraphic word agreed upon no public refuse employment to members of the Western Federation; that this intimation was !riven in Goldfield that troops had been asked for or programme, if carried out, meant a struggle for its existence on the part were expected. Neither the county commissioners, the sheriff, nor the of the union, and that these witnesses naturally felt that this struggle district attorney were consulted, nor had any one of them even a sus­ would, on the withdrawal of the troops, take the form of serious dis­ picion of the action which had been taken. '.rhe first news that the order. This explains to our minds the acuteness of the new situation city had that it was in a condition of lawlessness and disorder requir­ that arose, the fears of many of those who appeared before us, and the ing the intervention of the Federal Government was when dispatches desire expressed by so many that the troops should be retained. appeared in the papers that the troops had been called for and were Probably the most disturbing of the new factors was the refusal by then on their way to Goldfield. When the fact was ascertained posi­ the operators to employ members of the Western Federation. as above tively that the troops were actually on their way to Goldfield a formal set forth, and this particular requirement, in our own opinion, was on protest was telegraphed to the governor by most of the county officer·s. its face contrary to the statute of Nevada, as follows: The troops arrived in Goldfield on December 6. On December 7 the Goldfield Mine Operators' Association issued a public statement, in "CHAP. CXI.-An act making it unlawful for employers to enter into which, among .other things, they said: "We propose to adopt fair and agreements with their employees, or persons about to enter their em­ reasonable rules for the operation of our properties and employ men ployment, not to become or continue as members of labor organiza­ irrespective of whether they belong to unions." '.rhe rules and regu­ tions, and prescribing penalties for violations thereof. (Approved lations adopted in pursuance of this statement made a general reduc­ Mar. 17, 1903.) · tion in their wage scale amounting, in the case of miners, from five to {(The people of the State of Nevada, represented in senate ana assembly, four dollars per day, and also provided that the said association would do enact follows: not employ any man belongin~ to Goldfield Miners' Union, No. 220, of as the Western Federation of Mmers, or any other union in Goldfield or "SEc. 1. It shall be unlawful for any person, firm, or corporation to elsewhere that is connected or affiliated with the Western l!~ederation make or enter into any agreement, either oral or in writing, by the of Miners, and, in pursuance of this provision, stated that each em­ terms of which any employee of such person, firm, or corporation, or ployee, if a member of this association, shall, as a condition of em­ any person abont to enter the employ of such person, firm, or corpora­ ployment. be required to sign the following agreement : tion, as a condition for continuing or obtaining such employment, shall " ' In consideration of my being employed by the --- company for promise or agree not to become ot· continue a member of a labor organi­ such time as my services shall be satisfactory, and at wages heretofore zation, or shall promise or agree to become or continue a member of a fixed by said company, subject to the rules and regulations fixed by said labor organization. - company, and by the Goldfield Mine Operators' Association relating to "SEC. 2. Any person or persons, firm or firms, corporation or corpora­ the employment of men in and around mines of Goldfield mining district. tions violating the provisions of section 1 of this act shall be deemed I hereby covenant and agree with said company that I am not now and guilty o! a misdemeanor, and upon conviction thereof shall be tined in a will not be during the time I am working for said company a member of sum not less than $50 or more than $300, or be imprisoned in the Goldfield Miners' Union, No. 220, of the Western Federation of Miners, county jail for a period of not less than twenty-five days or more than or of any other union in Goldfield or elsewhere that is directly or indi­ five months, or by both such tine and imprisonment. rectly affiliated with or has any connection of any kind, nature, or de­ "SEc. 3. ~ll acts or parts of acts in conflict with the above are scription with said the Western Federation of Miners. hereby repealed." " ' Witness my hand and seal at Goldfield, Esmeralda County, Nev., The constitutionality of this statute, as well as its application, was this -- day of---, 190-.' " questioned by the mine operators, but, of course, until it has been de­ While this cut in wages and refusal to employ members of the Western clared unconstitutional by judical decision it must be regarded as the Federation of Miners was not announced until after the arrival of troops, law of that State. every indication confirms the belief that such action was in contempla­ Nevada has no State militia, its former force having been disbanded. tion before the arrival of troops, was part of the general plan of the The only force at the disposal of the governor consists of five State mine operators to establish their independence of the union, and that the detectives, substantially all of whom are acting now as mine guards i.n coming of the troops was expected and urged by them to make such Goldfield and in the pay of the mine operators, a force wholly inade­ plan feasible. quate to deal with any seriou~ disorder. The governor informed us in We find that from the spring of 1907 to the date of the arrival of the writing that he would not convene the legislature and that he would troops there were no conditions of especial violence or disorder in Gold­ not take any steps to organize a State militia under the State statutes; field or particular reasons why such disorder was likely to occur. Apart that in case the troops should be withdrawn he did not know what from the question of the personnel of the miners' union-a matter that he would do, but so far as he could then see he would do nothing. The will be discussed later-the situation was normal. The town had been exact form of this statement was as follows : for at least six months previous fully as free from disturbances as any mining town of similar situation and conditions. There had been no Ittterview ·with Governor John Sparks, of Nevada, at HoteZ Oasey, Gold­ organized opposition to law. The number of homicides during the two field, Nev., December 17, 1907. years prior to the coming of the troops, as stated by the county officials, Present: Messrs. Smith, Murray, and Neill. did not exceed half a dozen, and several of these had no relation to any Mr. SMITH. We want to get In permanent and definite shape your labor difficulty. There was evidence that in the past two years a num­ decisions on the questions we talked of this afternoon. First, whether ber of so-called ' ' deportations" had taken place-that is, men had been you will or will not convene the legislature ?-A. I do not think that I driven out by union sympathuers either by threats or by actual violence­ can consistently do it. but probably the total number so forced out of town did not exceed 25 Q. So you decline to do that ?-A. For the present; yes, sir. in two years. There were made before us, it is true, several statements * * • • * • • of very much larger number, going as high as 700, but when all the wit­ Mr. SMITH. As to another matter, Governor, there was suggested the nesses had been asked to give names and facts in specific cases the num­ appointment of a militia here?-A. Yes. ber of such cases brought to our attention did not exceed 20. Moreover, Q. What is your view on that ?-A. Well, it would take considerable numbers of these deportations were not in furtherance of any organized time to organize that. You mean a State militia? - ~· --= - ~- ---

' 1908 .. CONGRESSIONAL RECORD-HOUSE. 1487

Q. Yes, sir.-.A. Well, I should oppose that. I have opposed it all ment, and because of the many good recommendations con­ the way along. '£he very people I am trying to protect knew that the tained therein I am convinced that it was written either by l\Ir. soldiers were here and backed me up on that. I believe a State I militia at this time would be disgraceful to the State. Roosevelt or by Mr. Bryan. I ain quite sure it was not written Q. What I refer to especially is an emergency militia, which was either by the eminent and admired Speaker or by ~ distill­ 1 suggested this aftE:rnoon right in this town.-A. An emergency militia? guished and imposing leader of the majority. U we had the right kind of an emergency militia, it would operate all right, but I <.lon't believe we could get that kind. That is one of the The country will now watch with great interest to see circumstances. whether or not the Republican majority in Congress will carry Q. So just what would be your action in case the troops are with- out the measures recommended in the message. or whether they dro.wn ?-A. Well, Mr. Smith, I have got to con~ider your proposition. ,~I·ll contm· ue thel·r· poli"cy of delay and do nothing-PdJ'ournm· 1! I don't want to dod.,.e any question you ask me, but at the present " « ~ time I do not know what I would do. The chances are I would not do on Fridays to meet the following Monday. anything until these people here fought it out on common ground with B t I d"d t · t · th H · onl fi one another. It seems they are prepared to do it. I don't want them u I no rise 0 prmse e message. anng Y 'Ve to do it; I want to preserve peace, law, and order and protect the peo- minutes gives me but time to register a kick on behalf of the pie more than property. small stockholders of the big corporations, many of whom live Mr. MuRRAY. Governor, at the present time, you do not feel justi- · th T ty · th C · 1 n· tr · t f p 1 · I fied, then,. in having the legislature in extraordinary session, nor to In e wen -SIX ongresswna IS 'IC o ennsy van1a · organize n State militia? (God bless them). A. No, sir. I don't think lt would be wise to do it. A State militia We little stockholders agree with the President that a great

would* not reme~y the sit~ation in ~Y judgm;nt. • • deal of the corporate business of the country is corrupt, but we 1' December 18, 1007. maintain that such corruption is made possible in the first in- This is a correct copy and statement. stance by the unjust, stand-pat, high protective tariff, which ' (Signed) 1oH'!'f SPABKS, Governor. should be forthwith revised. In brief, the attitude of the State was simply passive: The 'governor We further believe that corporate profits have been diverted l bad in conference with him at the time his aid, Captain Cox, and the attorney-general, Mr. Stoddard, and after this int~erview, December 18, for the benefit of the few in control, and since the last Presi­ i be left Goldfield and did not return during our stay. dential election we have learned that a large portion of these We bad conferences with the sheriff of the county, two of the thre profits were diverted into the hands of a national campaign county commissioners, two of the assemblymen, and the district attor- ney, constituting all the representatives of the civil authorities of the treasurer, from whose hands no criminally contributed dollar connty whose presence we could secure. Goldfield is not an incor- ever returned. porated city. There is a constable, but it appears, so far as we could We further feel that the punishment by spectacular fines for ascertain, that since the removal of the county seat to Goldfield his the crimes committed in the operation of certain corporations powet·s have been largely superseded by those of the sheriff and that substantially the sheriff is the supreme and responsible peace officer of falls upon us, and not upon the wrongdoer. We small stock­ the county and the town. Our interview with these gentlemen was holders noticed with what ease the message swept us aside, rec­ unsatisfactory in the extreme, lasting: nearly ten hours continuously ognizing no innocence, but simply saying that he who volun­ and until 10 o'clock of the night of vecember 19. We endeavored to get from them a statement, and especially from the sheriff, as !o tarily purchases stock in a corporation whose methods and whether in their opinion the county officers could or could not maintam rn::magement he knows to be corrupt is not innocent. But we order in Goldfield should the troops be withdrawn. They each evaded this question to the utmost limit and in such a way that it was per- answer, What about him who does not know that the methods fectly obvious that they did not dare to answer it directly, until at the and. management are corrupt? Such a one is as innocent as end of our interview, when we finally secured from them all as the most is the President innocent of those Presidential campaign cor­ direct definite statement they would make in answer to our single rupt contributions, and should not be punished any more than question on this point the followtng negation : " Sberilf Ingalls, are you willin~ to say that i! the troops are he has been. removed from here you can not mamtain law and order in this town Again, take the indivjduul who has not voluntarily pur- an~ ~~~t~c~;~en~f~f;0ft{:p.'. 1 Are you willing to say that?" chased the stock, but has come into its possession by inherit- ' The same question was put to all the said county officers and the ance. I say that such a stockholder is innocent, and to mulct same answer was received. They all stated that they resented such a one, perhaps a minor, or a widow, with any part of a the call of troops by the governor ; that their coming was unneces- fine often spectacular in its magnitude is not a square deal. aary; but now that the troops were in Goldfield they wished that they might be kept there. They insisted that it was an insult to the To be sure, the message cites a few cases where the indi­ citlzens and officials of Goldfield to have brought in Federal troops vidual "wealthy criminal" have been convicted, like Gaynor to maintain order and that it conveyed an utterly false impression to and Green, but in these flagrant cases there was no intervening the outside public. In the case in question we find that, to put it tersely, the State corporation. of Nevada, with a population of about 70,000, and the city of Gold- The message alleges that a favorite method of attack on the field. with a population of protably 15,000, are thus far in the position Administration is to blame it for not procuring the imprison­ of deliberately and expressly abdicating their governmental powers in the face of not more than a few hundred dangerous and disorderly ment of the individual wrongdoers, instead of merely fining men and of calling upon the Federal Government to perform the work the corporation, and the President adds that the man making of keeping these men in order by the use of Federa trQops. We be- th" lt · · 'th · t la d"t h lieve that such a condition illustrates to the extreme the false J?rin- IS assau IS ei er a prommen wyer or an e 1 or w o ciples above condemned, and that it would be a precedent of infinitely takes his policies from the financiers and his arguments from evil possibilities should the Federal Government concur in any such their attorneys. position as the governm· of Nevada and the officials of Esmeralda On the same day that this messa!!e was given to ConliTess, County desire it to take. ~ ~ The above con iderations apply to the fundamental question as to Governor Hughes, in his New York speech, declared that to whether the troops should be indefinitely maintained in Goldfield, as is pre1ent oppression through the conduct of large enterprises desired by many citizens there, and we believe that these considerations and to secure the enforcement of the law a .,.ainst ille!!al at- ' answer that question emphatically in the negative. Since we left Gold- 0 ~ field, however, and on December 31. the governor of .Kevada has changed tempts to monopolize, and the various devices resorted to in un­ the decision he upres ed to us and has issued a call convening the legis- lawful restraint of trade, is the adequate punishment of the lature of that State for January 14, 1008. We believe it proper and , expedient, inasmuch as the troops are now in Goldfield at the request of guilty. "I am not, he said, "in favor of punishment in the the governor, that the troops should remain there until the assembling shape of fines upon corporations, except for minor offenses. of the legislature to preserve the status quo, so that the legislature may The burden of fines imposed upon such corporations is either ' deal with the situation as it now exists. But we also must firmly be- lieve that upon the as embling of the legislature. or within a few days transferred to the public, or is borne by stockholder·s, the thereafter, the troops should be removed, regardless of any request for innocent as well as the guilty." their retention that may be made by either the legislature or the gov- l\Ir. Chairman, Governor Hughes is a prominent lawyer. Is ernor of Nevada, it being essential that the State of Nevada shall un- derstand this situation completely, shall recognize the fact that there he one of those referred to by the President? will at that date be thrown upon it, and it alone, the primary respon- My high regard for the sincerity of the President is such that sibility of keeping order, and that, recognizing this responsibility, it I belt"eve he Wl"ll yet ~ee that 1·n all cases wher·e corpo1·ate cri·me may take such a ction as is the duty of the State and as will be sufficient - in the premises. is committed there are one or more individuals who are the Very respectfully, guilty ones and who alone should be punished.

Assistant Secref:z~;·~f~~m~~~n:,:J• Labo1-. If our present distinguished President and his reluctant CHAs. P. NEILL, party do not provide means to reach the real culprits a Demo- Oommissioner of Labor. cratic President and the Democratic party will. HERBERT KNox SMITH, These corporate crimes from which we little stockholders, as Oommissioner.of Oorporations. well as the whole country, are suffering are corporate in name The PRESIDENT, TVhite Honse. _ but individual in fact. 1\Ir. BRODIIElAD. 1\Ir. Chairman, while the House is in It was Judson Harmon who said, in the correspondence be­ Committee of the Whole on the state of the Union, I desire to tween himself and the Attorney-General, O\er two years ago, in submit a few obser1ations on the state of the Union from the the now almost forgotten Paul :Morton Atchison rebate case, . viewpoint of a small stockholder in a large corporation, known that "Guilt is always personal. So long as officials can hide as a trust, created and existing under the laws of our country. behind their corporations no remedy can be effective. When the At the last session of this House, on Friday, I heard read Government searches out the guilty man and makes corporate ' the President's message, and I applauded the exhibited sincerity wrongdoing mean personal p_unishment and dishonor the laws and honesty of purpose manifested in that remarkable d~~.O:~.; . ~ill be obeyed." ._, , J,, ,· •

I - -==- -_ = ------~

1.488 CONGRESSIONAL RECORD- HOUSE. FEBRU.AR:Y 3,

Mr. Chairman, had been known in the beginning of the amount. A.t the same time the rates given and charged other shippers it were the published tariff rates without any deduction. Christian era that crime, which is necessarily always personal, This plan, and the way it was carried out, plainly indicate an in­ could be committed through the instrumentality of a corpora­ tention to deceive the Government and the public, and to enable the tion, and, when detected, punished only by a spectacular fine fuel company to gain a monopoly of the coal supply at the points in­ volved by giving them a strong advantage over competitors in the imposed on the corporation, I have no doubt but that the unre­ actual c;_ost of transporation. The motive for thus favoring the fuel pentant thief could have successfully accomplished his end~ company does not appear in the evidence thus far taken, but the fact without individual liability, and there would have been one un­ is clear. Only one of the chief officers of the railway company in charge of occupied cross on Mount'Calvary. traffic has been called as a witness, and only one of such officers of the The President is always honest, but not always right. At fuel company. No immunity from prosecution can be claimed for any other officer of either company. No papers whatever were produced one time' he honestly thought that English words were not by -or on behalf of the fuel company, so that no immunity can be spelled correctly in the standard dictionaries of the day. claimed for it. And while certain papers of the railway company were As far as I know, the words in this last message are all produced, it is not entitled to immunity for that reason, because the spelled according to Webster's Unabridged. papers produced all related to charges for transportation and are by law made public. The immunity provided by the statutes applies only in So that, relying upon his honesty, sincerity, and manliness to case of private papers whose production could not be required but for chnnge when in the wrong, we little stockholders hope that this the immunity so given. .Assuming, therefore, that a corporation might claim immunity in a proper case by reason of the production of its Administration will go gunning after the real culprits guilty of papers, this is not such a case. the e corporate crimes, and thereby make the remedy effective You further direct us, in case we find that the law has been violated, without paralyzing the whole business community with fear. " to recommend· what character of proceedings the evidence justifies, and against whom the same should be taken to secure the vindication This is one of the omissions which should be supplied. If of the law." We therefore beg to make the following recommendations: this Administration does not the Democratic party will. On March 25, 1902, in the suit of the United States against the Mr. Chairman, I have tried to register the kick of the little .Atchison, Topeka and Santa Fe Railway Company, in the circuit court of the United States for the western district of fissouri, western divi­ stockholder; the next election will show that there . are many sion, an order of injunction was issued, forbidding said railway com­ millions of us. The burden of our song is "Guilt is always per­ pany, its officers, agents, and servants from acting under, enforcing, or sonal. The corporate evils which confront us are corporate in executin15 in any manner whatever any agreement to transport over its railroad, or any part thereof, any interstate traffic at other than the name, but individual in fact." established scheduled rates, and also from "thereafter agreeing with I notice in this morning's newspapers an interview with the any shipper or other person to transport such traffic at any other or present Attorney-General, Mr. Bonaparte, in which he says: different rate than such as may be provided for in its schedules as tiled and publishP.d according to law." There is one matter, however, about which I can speak with It has been sug~ested, in view of the recent decision in what is known knowledge. If great clusters of corporations, such as the Standard as the "beef-trust case," that this injunction is too general to be en­ Oil Company, the tobacco trust, the powder trust, and our well-known forcible. We think this suggestion is not well founded. The bill on railroad systems, are not to be punished by fines imposed on convicted which the injunction was issued, after setting forth the granting of corporations, this means that in ninety-nine cases out of a hundred lower than the published rates to favored shippers of grain and meats, they will not be punished at all. charged in a separate paragraph (VIII) that the railway company was It is often possible to obtain legal proof on which to convict the committing like offenses " on many other of the principal commodities corporation, when it would be altogether impossible to obtain evidence constituting the bulk of railroad traffic between the States, comprising to satisfy a jury against any one of its superior officers. This state­ the ordinary necessities of life." ment may seem a little strange to persons inexperienced in criminal The order of injunction must, of course, be read in connection with law, but a lawyer who has to enforce such statutes as the antitrust the bill; and the general clause of the order therefore applies only to law will soon learn its truth. granting preferential rates on principal commodities comprising the It will be seen that from the beginning of the Administration necessities of life. '.rhe order is, therefore, not a general one directed at all pos ible violations of law, whether like the one specifically set to the present time there is no intention or desire to pursue the forth or not, and in this respect differs from the general clause in the effecti>e remedy based upon the maxim that "Guilt is always order in the beef-trust case. personal." If the question of effectively remedying the so­ Besides, the order in the latter case was considered on an appeal which subjected it to direct review. Here there has been no appeal, called "corporate crimes" from which we are suffering is to but the railway company has taken issue on all the averments of the be one of the leading questions of the coming Presidential cam­ bill, including Paragraph VIII. paign, the name of Judson Harmon, of Ohio, should be upon the Because of the decision in United States v. Missouri Pacific Railway Company (189 U. S., 274) the Government lias taken the precaution to Democratic ticket. bring the present case within the provisions of the act of February 19, The necessity of individual punishment for corporate crime 1903, known as the "Elkins law." '.rhis was done by an order made May 8, 1903, continuing the injunction until further order of the is so well set forth by Judson Harmon in the correspondence in court. Again there was no appeal, but the case stands at issue on the the Paul Morton Atchison rebate case that I ask unanimous con­ general as well as the specific charges made by the bill. sent to insert it as an extension of my remarks. It is well settled that an order of injunction can not be reviewed indirectly by tho e charged with violating it. Jurisdiction of the sub­ In this correspondence, which was published at the time by ject and person granted, as it must be here, the only question that can the President, the reply of Judson Harmon to the Attorney­ be raised is that of disobedience. General's letter of March 21, 1905, was inadvertently omitted, We therefore recommend that the Atchison, Topeka and Santa Fe Railway Company and all its principal officers and agents who had, and I am unable to supply it at this time. It will be noticed during the period above named or any part thereof, power and authority that Mr. Harmon and Mr. Judson were not permitted to be over traffic agreements and freight rates, be arraigned for contempt of counsel of record, but that their authority was carefully court in making and carrying out the above agreement with the Colo­ rado Fuel and Iron Company shortly after the injunction was issued limited to merely appear before the examiner only, and gave and continuing to carry it out after the injunction was reentered. them no right to appear in court, an authority quite nugatory. It may be found that some subordinate officers or agents should also In the reply, which is not published, the Attorney-General's at­ be included. But this secret arrangement with the fuel company in· vol>ed the carriage of hundreds of cars per month. The concessions tention was called to this, but the request for authority to pro­ from the established rates must have amounted to about a million ceed was not granted. It will be further. remembered that in dollars for the two and one-half years during which they were granted; the end Mr. l\Iorton's word was taken as establishing individual and it is incredible that this scheme was devised and carried out by any authority but that of the chief officers of the railway company, innocence, although corporate crime was a:dmitted, instead of who were in control of its traffic department. And it was the duty of letting him go into court, the natural and proper way, and clear each and all of these officers to see that the injunction was obeyed. himself if he could of the responsibility for what was done The proceeding for contempt seems to us the most ready n.nd effective to be taken against the railroad company and its responsible by the department specially in his charge, because during the officers. The abolition of imprisonment by the Elkins law does not period of th~se enormous and continued rebates he was the apply to contempts. so that this penalty as well as a fine may be im­ head of the traffic department. posed if, in the judgment of the court, a case for such punishment be made out against any officer. At the same time the court has a much The correspondence was· as follows : broader discretion than it would have in a strictly criminal proceeding DEPARTMENT OF JUSTICE, to adapt its punishment to the degree of guilt in the case of each Washington, February 28, 1905. offender. The ATTORNEY-GENERAL. We think the object of Congress in providing a remedy by injunction in such cases, leaving the necessary penalties for disobedience to the SIR: We have the honor to inform you that, as directed in your let­ discretion of the court, was to avoid the niceties of procedure and ters of the 14th instant, we have carefully examined the report of the proof required in strictly criminal prose.cutl.ons and apply to rallroad Interstate Commerce Commission in the matter of alleged unlawful officials the remedy so often found effective m other cases. rates and practices in the transportation of coal and mine supplies by We have not bad as yet the time or means for making the investi­ the Atchison, Topeka. and ·Santa Fe Railway Cotnpany, and atso the gations required for further recommendations. We shall proceed with evidence on which the report was founded. We beg now to state the all possible dispatch to make such examinations, and shall have the results of our consideration of the questions arising thereon. honor hereafter to make a further report. The conclusions stated in the report concerning transportation of Awaiting your instructions, we have the honor to be, coal appear to be fully sustained by the evidence. From August, 1902, Your obedient servants, until December, 1904, the railway company continuously transported JUDSO~ HARMO~, coal for the Colorado Fuel and Iron Company at less than the pub­ FREDERICK N. JUDSON. lished rates then in force from various points in Colorado -and else· where to El Paso, Tex., Deming, N. Mex., and other ·places, to. which such transportation was interstate commerce. DEPAnTi\IEXT OF JUSTICE, This was done by secret arrangement between ·the two companies, Washington, March 8, 1..005. under which the coal was apparently billed at the published rate of Hon. JUDSON HARMON, Cincinnati, Ohio. freight, although in fact the price of the coal was included. The rail­ Srn : I have the honor to acknowledge the receipt of the letter of road company collected the amount shown by the billing, and paid over yourself and Mr. Judson, dated February 28, 190:>, reporting the results part of it to the fuel company as the price of .the coal, making the of your consideration, up to that date, of the questions arising out of real charge for transportation less tha_n the published rate by just 1ll;~t_ the report of the Interstate Commerce Commission in the matter of

1 1908. CONGRESSIONAL RECORD- ROUSE. 11489

alleged unlawful rates and practices in the transportation of coal and accuracy what acts have been committed which may be claimed to be mine &applies by the Atchison, Topeka and Santa F~ Railway _Comp~y. in contempt of the injunction, by whom those acts were comm1tted, I am very much gratified with the progress bemg made m the m­ and where the responsibility for them rests: . . . vestigation, and upon the receipt of a final report I shall desire to Before proceedings for contempt or cnm~al proceedmgs agamst arran.,.e for another confere1lce at Washington with yourself and Mr. either the railroad or the fuel company, or thmr officers or agents, are Judson for the purpose of considering the action to be taken upon begun, I desire that all the material facts should be before the Depa~t­ yout joint recommendations. ment and that the Department should have the benefit of your advice Respectfully, w. II. 1\lOODY, upon them. A ttonwy-General. Very truly, yours, W. H. MOODY, Attorney-General. ST. PAUL BUILDING, aincinnati, Ohio, Mat·ch 11, 1905. The ATTORNEY-GE::mRAL, Washi1tgton, D. a. ST. Louis, Mo., April 11, 1905. Sm: We beg to acknowledge the· receipt of your letter of t_he S~h The ATTORNEY-GEYERAL, Washington, D. a. instant. We both understood our report to recommend proceedmgs m Sm : In view of the subjects discussed in our conferences at Wash­ contempt in the suit of the United States agai_nst t~e Atchison1 :ropeka ington last week, we think it is proper that our positio_n with reference and Santa Fe Railroad Company at Kansas Ctty, without awaitmg the to our recommendations concerning the taking of testimony under the result of future investigations with reference to other action against it Commission at Kansas City should be formally stated. or the Colorado }j'uel and Iron Company, its officers and agents. If, We recommended in our letter of March 11 that we should be however, as we understand from your letter, you think it best not to authorized to proceed with the taking of testimony at Kansas City, take these proceedings in contempt until we shall have reported on the not so much with a view of procuring proof of the vio~ation of tJ?.e advisability of such further proceedings, we shall of course make our injunction as a basis of an attachment for contempt aga~st the r_ail­ investigations md report as early as we can. . road company and its officers, as with the view of procurmg detailed An examination of the record of the above case at Kansas City proof of unlawful shipments, so as to have a proper ba~is of proceed­ shows that on January 25 last Edgar P. Powell was appointed examiner ing under the criminal provisions of the Elkins Act agarnst the Colo­ to take testimony, leaving the time for so doing to be fixed by further rado Fuel and Iron Company and its officers. order. It seems to us that the quickest and most effectiye way of 'restimony taken before the master without filing contempt charges getting the testimony desired will be to have an o~·der directmg _the ex­ would necessarily be limited, under the established rules of p1·ocedure, aminer to proceed at an early date to take the testrmony. He Will have to proof of the facts alleged in the bill, and proof of alleged viola­ authority to enforce the attendance of witnesses and require the pro­ tions of the injunction order since the filing. of the bill would doubt­ duction of books, papers, etc. He can sit at convenient points, and the less be objected to and excluded as irrelevant to the issue. If, how­ consignees whose testimony we want can be bi·oug_ht before him _w:lth ever, a rule to show cause were issued against the railroad company less inconvenience to them and all parties, and with greater facility, and its officers, the IIUl.Ster could be empowered to take evidence as to than before a grand jury where there might be some question as to our the complicity of the several parties charged with contempt. ~n _the right to appea r. . absence of such a rule, however, the testimony would clearly be limited If you approve this course all that will be necessary; Will be for y~u to facts at and prior to the filing of the bill. to authorize t:s or either of us, to appear for the Government. "\\ e While proof of the detailed shipments is doubtless essential in any can then have a further order made fixing the time, and arrange to pl·o­ criminal prosecution under the act, such proof is not essential iu au ceed. I suggest that the authority be made alternative, becaus~ it may attachment for contempt for violation of the court's injunction. It not be necessary for us both to appear at all time;:;, and we. might n?t is enough to show that the injunction has been violated, and the de­ both be able to do so. We should, of course, be m constant touch ill i:.o'l.iled proof of the daily shipments constituting distinct offenses would the matter and should both appear when necessary. not be required. We are clearly of opinion that the report of the We have the honor to be, w1th .great respect, Commission, with the verified copy of the testimony before the Com­ Very truly, yours, J UDSON llAR!IIO::-<, mission, would be a sufficient basis for an attachment in contempt FREDERICK N. JUDSO::-<. ugainst the corporation and its managing officers. Proof of the extent • or the violation of the injunction would, however, be proper, in order DEPARTME::-

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1490 CONGRESSIONAL R.ECORD-HOUSE. FEBRUARY 3,

sion shows with sufficient clearness that that injunction has been vio­ We. therefore consider .that we have now discharged the duty which lated, and the railroad company has been guilty of contempt of court. you did us the honor to mtrust to us, and thanking you most sincerely But you go further and recommend proceedings against the managing for your constant courtesy and consideration, we remain, officers of _that company, including, presumably, the president, the vice­ Very respectfully, yoUI·s, president m charge of the traffic department, the general freight and ' J UDSO~ HARMON. traffic manager, and other officers whose duties r elate to t he transporta­ FUEDERICK N. JUDSON. tion of freight, saying : "We . are clearly of opinio~ that the report of the Commission, with DEPARTliEXT OF J USTICE,. the v:erified ~opy of the testimony . before the Commission, would be a Washington, June ltt, 1905. suf!icHmt basis for an attachment m contempt against the corporation and its managing officers." Ron. J UDSON HABMON and FnEDERICK N. JuosoN1 Esq., I have exal!li~ed this report and n transcr.ipt of the testimony taken Omcinaat£, Ohio. by the CommiSSIOn. ~ do no.t _find any testimony relating to the con­ GE~TLEliE~ : I have received and carefully considered your letter duct of any except mrnor officials, and Mr. Biddle who may claim to of the 5th instant. While the difference of o~inion which bas arisen have obtained immunity by testifying fully before t.Iie Commission. For betwE:'en us is upon what r;llight be termed an • interlocutory " part of ,[ in_stance. to be :;pecific, there is not a syllable of testimony that Mr. the case, nevertheless you have regarded it as so vital and fundamental R1pley, the president of the road1 or Mr. Morton, then one of its vice­ as t? prevent you from proceeding further in the investigation, consid­ presidents, had any connection whatever with the departure from the eratwn, and action concerning the rebates given by the .Atchison, published rates in favor of the Colorado Fuel and Iron Company or Topeka and Santa Fe llailway Company to the Colorado Fuel and Iron that they knew or suspected that transportation was furnished to tills Company. ccmpany in any manner different from that prescribed by the open and I regret your conclusion, but not doubting that you have arrived at published rate. it after. great consideration, inspired by a sense of your duty, I must 1\~ither of these officials was in the remotest way referred to in the accept It. _ testimony or in the report of the Commission. Surely it would not be contended that upon this state of facts these officials were subject to a I was impressed with the fact that the investigation of the subject penalty for contempt of court. Nor have I understood that it has been made by the Interstate Commerce Commis ion, while doubtless adequate I! J:OUr opinion. that upon such a state of facts any individuals would be for its purposes, was insufficient for the purposes of the Department of liable to pumshment for contempt. Your view, as I have understood it Justice. To what extent shipments of coal made under the rate not l r has been that as corporations must always act through their officers published were subject to the control of the Federal Government and and agents there is a presumption that those who are charged with the within the provisions of the interstate-commerce law was not made at mana9ement of their affairs are responsible for the conduct of a cor­ all clear by the report of the Commission. Moreover, having e~;peciul poratiOn which violates an injunction; that that presumption warrants reference to the restraining order of the circuit court of Ml.ssonri, that an accusation for contempt against its officers and agents where the report leaves it quite uncertain what, if any, of such transportation corporation has been guilty of contempt, and that upon investigation of was between the States, the restraining order bein~ by its terms the accusation testimony may be taken which will show whether or not directed against transportation " between the States.' Still further, the officers accused have themselves been guilty of any conduct which the report of the Commission and the testimony taken bc!ore it at·e has aided in bringing the corporation into contempt of court. I do not silent as to individual responsibility or culpauility, dealing, as you say1 understand, however, that without such evidence you ould be of opin­ with " the facts which show that the law had bE:'en violated, withom; ion that any officer or at;ent would be liable to the penalty for contempt. attempting to fix responsibilty on any particular officers of the railroad After great considera~ion, I am of the opinion that some evidence ought company." to precede the accusatiOn and that an accusation so grave iu its char­ I had hoped that you would find it practicable to elicit further and acter ought not to be made unless there appears before it is made some more specific information, at least in the respects above mentioned, evidence in support of it. I realize fully that I have the power to make before determining upon the character of the proceedin"'s to be taken the accusation and no one can question it. The possession of the power for the vindication of the law. I have believed that this information carlies with it, however, the responsibility for its scrupulous exercise. should precede action and that action should be based upon it rather In thl.s case, upon the facts which I have stated, I have reached the con­ than upon inferences to be drawn from the Commission's report l}r clusion that I ought not to make the application for an attachment for the presumed responsibllity of the officers of a corporation fer its acts. contempt against the officers of the railway companv. I fully appreciate the weight of the reasons which, though they have I have felt that it was due to you that you should receive an exact not convinced me. have led you to a contrary conclusion. In accept­ statcrr.cnt of the views which I entertain and the reasons which have ing your resignation permit me to assure you of my hlgh personal controlled my action. regard. I have submitted the foregoing to the President and he ::mthorizes me Very respectfully, W. H . MooDY, to say that he approves the conclusion which I have reached and A. ttof'ney-GCI~era Z. directs that proceedings for contempt of the injunction be begun against the railroad company only. DZPARTME."T OF JUSTICEJ Very respectfully, W. H . MOODY, Washington, May 31, 1905. A. ttorney-(}eneral. Sm : I have the honor to lay before you my views concerning the Ho!l. J UDSON HAnMON and FREDEniCK N. Junso~, Esq., lc proceedings for contempt which have been under consideration on ac­ Cincinnati., Ohio. count of the granting- of certain rebates by the .Atchison, Topeka and Santa Fe Railway Company to the Colorado Fuel and Iron Company. The Interstate Commerce Commission, in an opinion rendered Feb­ CINCINXATI, Omo, June 5, 19()5. ruary 1, 1905, decided that the railway company had continuously Tho ATTORNEY-GEXERAL, Washington, D. a. granted such rebate.s for five years and that this had been accom­ plished by deducting from the published rate for transportation the Sm : We have received and carefully considered your letter of 19th price of the coal shipped, paying that price to the mining company. ultimo, and regret that you do not approve our recommendation of How far this practice concerns itself with interstate commerce and February 28 last, which we repeated with further reasons in our letter is in violation of law need not now be considered. It is enough to of .April 11. We appreciate the very great weight to be given your con­ say that, according to the opinion of the Commission, some part of it clusion, but we are deeply impressed with the gravity of the matter and was in violation of law. It is suggested in the opinion of the Com­ its importance as a precedent. We feel therefore that we may, without mission that, since the granting of the restraining order hereinafter impropriety, refer to some things in your letter. referred to, the giving of these rebates was in contempt of that order. It is true that the report of the I nterstate Commerce Commission I therefore invite your attention to the suit in which the restraining merely stated the facts which show that the law had been violated, order was granted and to the terms of the order itself. without attempting to fix responsibility on any particular officers of the The United States, in March, 1902, exhibited its bill in equity against i . railroad company. The reason for this was that the Commission the Atchison, Topeka and Santa Fe Railway Company, in which it limited its inquiry to the mere fact of such violation, and so stated. was set forth that the defendant was a common carrier engaged in II (Sec testimony, p. 1341.) interstate transportation, had transported packing-house products, The violation by a corporation of an injunction directed against it dressed meats, and grain at less than the published established rates and its officers always calls for a rule against such of them as had on such commodities, paying to the shippers the difference in the form control of its conduct to show cause why they should not be held per­ of rebates, and that unlawful rebates, preferential rates, and facilities sonally responsible. They are prima facie guilty of disobedience. It were granted by the defendant " on many other of the principal com­ was their duty to see that the acts forbidden were not done. as well as modities constituting the bulk of railroad traffic between the States, not to do them. comprising the ordinary necessities of life." The necessity of t his rule is appllrent as well as its justice. The The bill prayed for an injunction against the transportation except facts are peculiarly within the knowledge of such officers and of sub­ at the published rates of packing-house products, d_ressed meats, grain, ordinates under their control. Except in cases so rare that they may be called accidental there are no means of discovering the facts except by and the products or ~ain, or " any traffic transported by said defend­ such a proceeding as we have advised. ant over its railroad, ' and against the giving of rebates in respect o1 This well-established rule, which is sufficient to justify the action such transportation. 1: proposed in any case, seemed and still seems to us peculiarly to tit the On March 25, 1902, the court issued a restraining order in substance case in hand. A rule against the controlling officers of the railroad as follows : l't comp:my to show caqse is simply the recognition by the court of the "The defendant, its officers, agents, and servants, and each and every responsibility incident to their official relation. It is a demand for an of them, be, and they and each of them are hereby, enjoined and re­ explanation and not, properly speaking, an ' accusation." The action strained from further acting under and enforcing, or executing in any of the corporation is necessarily presumptive evidence against its prin­ manner whatever, any agreement to transport over the defendant's cipal officers who had cbarge of the department in question. railroad or any part thereof, between the State , any packing-house We fully concur that no proceedin

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1908 .. CONGRESSIONAL RECORD- HOUSE. !1491

For present purposes it may be asumed that the transportation of anr. individual. If the grand jury now sitting in Chicago find in­ ' coal at less than the published rates is in contempt of this restraining dictments against any individuals connected with the packing cor­ order and that the corporation which has engaged in such transpor­ porations, it will be because in their judgment such legal evidence of tation is liable to the penalties of contempt. If this be so, any officer the violation of the injunction has been laid before them. If you of the corporaticn who brought about, or consented with k-nowledge at any time get legal evidence of any such wiilful and deliberate vio­ to this departure from the published rate, ought to be proceeded against lation by any officer of the Atchison, Topeka and Santa Fe or of any individually for contempt. other railroad running west of Chicago, of the injunction in the But I do not believe that proceedings ought to be begun against Colorado Fuel ca~m. or of the injunction in the International Harvester I officers of the corporation unt il some evidence is forthcoming that they Company case, you will of course proceed as you have already pro­ did, either by act ot· connivance, have some relation to the guilty con­ ceeded in the Chicago beef-packing cases. But at present not only duct. 1\lr. Ripley was the president of the railway company during has there been no such evidence produced, but there has been no all the time the transactions referred to occurred, and Mr. Morton, a attempt to produce such evidence ; and as regards Mr. Morton, there member of your cabinet, during a part of the time was one of its vice· is seemingly conclusive testimony to the contrary. You will not, how­ presidents, and among his duties was the management of the freight ever, take action against any official of the Atchison, Topeka and traffic of the system. I do not find a scintilla of evidence taken beforv Santa Fe Railroad which you do not take against the official o! any the Intet·state Commerce Commission which tends to show that either other railroad under precisely similar circumstances. of these officials had the slightest connection with the misconduct In both this Colorado Fnel case and in the International Harvester complained of or any knowledge whatever of its existence. When it case I direct that proceedings for contempt against the companies is considered that the graveman of the offense is the transportation of be taken by the Government. Whether, as the cases develop, pro­ coal without the publication of the rate at which it was transported, ceeding against' individual officers become necessary must depend in and further considered that the rate schedules of a great railway sys­ each instance upon whether testimony is obtained showing that such tem are very numerous, it seems to me unjust in the extreme that an individual officer has, either by act or connivance, been personally accusation of contempt of court should be made in the condition of the guilty in the matter. If there are any railroads guilty of the prac­ evidence w)lich I have described. tices which we have enjoined other railroads from following, but Very respectfully, W. H . MOODY, which have not themselves been enjoined, proceeding should be be- A ttm·ney-General. gun to put them under similar restraint. - The PRESIDE T, You have expressed your doubt as to whether the injunction granted The White House. is in sufficiently explicit tet·ms to cover either the case of the Atch­ ison, Topeka and Santa Fe or the similar case of the International THE WHITE HOUSE, Harvester Company. I agree, however, with your feeling that even ·Washington, June 12, 1905. though there is such doubt, an effort should be made to obtain the judgment of the court on the question. , Sm: I have received and carefully considered your letter of the 8incerely, yours, THEODORE ROOSEVELT. 31st ultimo. I entirely agree with your conclusions. In my opin­ ion you would be wholly without justification in proceeding indi­ Hon. WILLIAM H . MOODY, vidaully against the officers of the Atchison, Topeka and Santa AttonMy-GeneraZ. Fe Railway for contempt when neither the Interstate Commerce .Mr. STEPHENS of Texas. Mr. Chairman, I yield one hour Commission nor the special cotmsel you have employed have devel­ oped a single fact of any kind beyond the holding of their offices to the gentleman from New York [Mr. C-ocKRAN] . [Loud ap­ tending to implicate any one of these officers. One of the officers, plause on the Democratic side.]- Mr. Morton, is a member of my Cabinet. This fact is not to be 1\fr. COCKRAN. 1\fr. Chairman, I listened with much attention allowed to shield him, nor, on the other hand, is it to be allowed to cause him to be singled out, or the officers with whom he is aisociated and with interest, which was shared by everyone present, to the to be llingled out, for attack. speech of the gentleman from Michigan [Mr. ToWNSEND] . Its At about the same time that the injunction was obtained against the opening sentence, as I understood it, was of great significance. He Atchison, Topeka and Santa Fe an injunction was obtained against several other western railroads. 8ubsequently it was developed by said the present Administration marked the coming of the Ameri· the Interstate Commerce Commission that under the guise of a divi­ can people into their own. If this be a correct statement of his sion of rates, unlawful rebates were given by these railroads to the language, I venture to say he exaggerates slightly the actual I nternational Harvester Company, just as a rebate was given by the Atchison in the case of the Colorado Fuel Company. Upon attention conditions. The present Administration does not mark the com­ being called to the cases by the Interstate Commerce Commission, the ing of the people into their own; but I think the President's unlawful practice was abandoned in the Harvester case, as it was message shows how they can be brought into their own, and abandoned in this case of the Colorado Fuel Company. The two cases stand precisely on a par. No one has suggested, and as far as that explains the applause which greeted it on Friday [applause I am aware no one has thought of suggesting, that we should proceed on the Democratic side], and which, beginning on this side, be­ individually against the officers of the roads engaged in this Inter­ came so infectious that it finally extorted concurrence and sup­ national Harvester Company affair ; yet the case is exactly parallel to t his Atchison, Topeka and Santa ll'e case, and if such action as you port from that side [laughter], so that as the reading proceeded have refused to take was taken against the officers of the Atchison, this BonNe, judged by its manifestations, was tmanimous in Topeka and Santa Fe Railroad, it would also have to be taken in the praising the doctrine expounded in that remarkable document. case of the International Harvester Company against the officers of every railroad running west of· Chicago. There is, of course, no pos­ Mr. Chairman, I may be pardoned if I bestow a moment's sible excuse for discriminating one case from the other. notice on that part of the gentleman's speech which was its You advised me to direct the submission of the printed evidence main bur den. He said that all important measures which dur­ taken by the Interstate Commerce Commission (the only evidence before the special counsel) to Judge Phillips, who had issued the ing the last forty years have found their way into the statute injunction, to see whether on this published evidence, in which there books of the country were exclusiYely of Republican origin­ is not a syllable directly bearing on Mr. Morton or any one of his col­ that Democrats sometimes supported them, but ne-ver o-riginated leagues in the management of the road, action could be taken against any one of them personally. I did not take this advice for two any of them. Mr. Chairman, I dispute the accuracy of that reasons: First, if it ere not for Mr. Morton being in my Cabinet, statement, and I go further. I am sorry the gentleman from neither you nor I would dream of following such a course in this Michigan is not present, but I see in their seats on tb.e other instance ; and we could not follow it save on condition of also follow­ ing it in the case of the Harvester Company and all similar cases, side some excellent historians who are abundantly able to vin­ which, in my judgment, would put us in a wholly untenable position. dicate every plausible claim of the Republican party to credit Second, I have received from Mr. Morton a letter, of which I inclose for public senice of any kind, and in the presence of these you a copy, together with a copy of my reply. In it you will see that Mr. Morton not only states in the most unequivocal manner that he competent and vigilant critics I -venture the assertion that from had no knowledge whatever of the unlawful practice complained of, the -.ery- first establishment of this Government there never but also shows by the quotation of documents issued under his direc­ has been a policy permanently incorporated into our political tion, that all such unlawful practices were. specifically forbidden by him. and that the attention of his subordinates was repeatedly called system that was not of Democratic origin. [Loud applause on to the necessity of complying with the law in this respect. When the Democratic side.] The country has often rejected Demo­ there is thus not one shadow of testimony against him, and when cratic candidates, but it has never accepted a measure vitally whatever evidence has been submitted shows explicitly that he is not guilty, it seems to me that there is no warrant whatever for our pro­ affecting the structure or development of our Government that ceeding against him. was not either recommended by a Democratic President, en­ The course that you have followed in dealing with all these corpo­ acted by a Democratic Congress, or proposed by a Democratic ration matters has been coherent and resolute and has had my heart­ con-vention. Even the legislation of the last fifty years has iest approval. The aim of the Administration has been in the first place to stop the unlawful practices. We ha_ve not proceeded per­ been an enforcement of Democratic policies by Republican poli­ sonally against any of the officers unless there was legal evidence ticians. [Applause on the Democratic side.] showing that theh· conduct bad been willfully of such a nature as to The gentleman himself, in attempting to prove his proposition, render it our duty to try to punish them personally no less than to try to put an end to the objectionable practices. You pet·haps remember has cited se-.eral instances where individual members of his that when the Administration brought the Northern Securities suit party suggested -.aluable reforms, but each one, if it establish there was much criticism of us for not undertaking criminal proceed­ anything, shows that every Republican patriot who attempted ings against the principal directors in the Northern Securities Corpo­ ration. The view of the Administration at that time was that such a to embody pah·iotism in legislation_always ran up against op­ proceeding would be unjust to the men concerned and not to the position immovable as a stone wall when both Houses of Con­ advantage of the public. Events have, I think, shown this .view to gress were dominated by the Republican party. [Applause on be correct. In the same. way, when a year or two ago injunctions were obtained against the corporations known popularly as the Beef the Democratic side.] Whenever he cited a remedial measure Trust, no effort was made at the time to proceed pet·sonally against actually passed, it was one enacted either under a Democratic the individuals in those corporations. Since then testimony has been Administration or by a Democratic Congress, or e1se it had its offered us to show that the packing companies have violated this in­ junction and that the violation was deliberate and willful on the part source in a Democratic platform. [Applause.] of a number of individuals. Mr. Chairman, to justify this statement, we need but a brief On the weight and sufficiency of this evidence it is not for me to glance at the salient features of our history since the begin­ judge. With my approval the Department of Justice, with the assist­ ning of this Government with the inauguration of Washington. ance of the Department of Commerce and Labor, has for some months been endeavoring to find out whether or not they can obtain legal The first political division of the American people was be­ evidence of such willful and deliberate violation of the injunction -by tween those who accepted the t eachings of Jefferson on one i 492 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3· ' side and IIamilton on the other. 'l'he issue lJetween them was plause on the Democratic side.] And, sir, ne-rer has a policy decided by the people in 1800, when Jefferson was elected Presi­ been Yindicated so promptly and gloriously. The men who bad dent. From that hour the tendency of this nation has been sustained heroically in many battlefields the rigllt of a State to toward a democratic republic, as under the Administration of secede within ten years after their defeat rejoicetl with the yic­ Adams, had he been reelected, and the influence of Hamilton it tors over the triumph of the nion. And to-day there are no must have been toward what was styled a u strong," which more Yaliant upholders of the Union, no truer friends of the Con­ meant an oligarchical government. [Applause on the Demo­ ~titution, tha:J?- the d~scendants of the heroes who wore the gray cratic side.] The chief feature of Jefferson's Administration m that Titamc conilict. [Applause on the D rnocratic side.] was the Louisiana Purchase, constituting the Democratic policy I do not belie\e the gentleman from l\1ichigan will deny of expansion-an expansion in-volving the spread of our author­ that. final reconstruction of the Union wa accomplished ac­ ity o-rer lands where the American fiag will typify for all time cordmg to the Democratic policy of conciliati n or express re­ that the American Constitution is the possession of every inhab­ gret that the Republican policy of proscription was aban­ itant. [Loud applause.] doned before the indignant protest of American manhood This wise policy of Jefferson, by which valuable contiguous American justice, and American virtue voiced lJy the Dernocrati~ territory was secured through peaceful negotiations to avoid · party. [Applause.] And so, Mr. Chairman, coming down to '\Yar with France, has been perverted under a Republican Ad­ present times and actual conditions, while the "cntleman from ministration to the conquest by violence of worthless lands on Michigan may find some analogy between the lan!ma "'e of the the other side of the globe and the purchase of men for $~0,000,- President's message read here last Friday and a fe~ isolated 000 in the Philippine Islands. [Loud applause on the Demo­ expressions of some Republican leader , I do not thi.Iik he will cratic side.] pretend that anything of similar or kindred import can be found Here we see the painful results that follow when enforcement in any platform or official declaration of political principles of Democratic principles is intrusted to Republican officials. eYer adopted by any Republican convention. But, sir however The Democratic policy of expansion executed by Democrats can this may be, even conceding for the sake of argu~ent that be judged by the Louisiana purchase; the same policy intrusted there may be ground for dispute about the sources from which to Republican hands by the Philippine experiment--one result­ certain meritorious legislation proceeded, there can be no differ-' ing in a new territorial possession glorious in extent, in charac­ ences of opinion whatever concerning the sources of the abuses ter, and in results; the other in a wretched ad venture of which these measures were intended to rem~dy. Of this the speech you yoursehes are so heartily sick and ashamed that you are deli\ered by the gentleman from .Michigan to-day furnishes con­ ready to blame on Providence now the follies, or worse, of your clusive proof. I ask your attention once more to his opening own politicians. [Applause on the Democratic side.] sentence: "The President's Administration marks the coming Was the .Monroe Doch·ine of Republican origin? And yet it of the people into their own." is a principl-e more frequently inYoked by Republican states­ Whe:o- were they ousted from their own? [Applause on the men of late years-and I may add more extensi-rely misap­ Democratic side.] None will dispute that the e sinister condi­ plied-than any other with which I am familiar. tions amounting to an ouster of the American people from their But perhaps you will tell me that the Republican party is birthright are a growth of the last ten years, and that surely has at least entitled to credit for having first asserted the inde­ been a period of undivided Republican ascendency. Abuses structibility of our Federal compact and for baYing main­ which have grown up while Republican conh·ol has been undis­ tained the Union through the stress and difficulties of civil puted are abuses for which the party can not escape responsi· war. Even that claim I dispute. Where was the principle bility. [Applause on the Democratic side.] first formulated that this Federal Union of States is not a But, sir, I must not myself follow the example of the gentle­ compact from which any of them might withdraw at pleasure, man from :Michigan in occupying the time of the House with· but a GoYernrnent entitled to exercise every power necessary for discussions of historical rather than practical interest. We are the maintenance of its existence e\en to the extent of using not here to establish the truth of history, but to deal with liv­ force against a State that undertook to disrupt it by secession? ing questions. The people are not much concerned about the Was it in the speech of a Republican politician or in any plat­ source of a policy, but deeply concerned about its value. They form of a Republican convention? No, sir; that doctrine is do not care whence a valuable suggestion comes, but very much first expounded fully and completely in the proclamation issued whither it tends. It matters littl~ whether you gentlemen on by Andrew Jackson in 1 32 or 1833, and he never failed to em­ that side or we on this were reluctant in the past to support body Democratic principles in his every utterance. [Applause meritorious measures, but it is vitally important to know how on the Democratic ide.] To Jackson's statement of the grounds far you are willing to go with us now in redressing wrongs, the on which the Federal Union must be held indestructible nothing gravity of which the President's message makes clear, the exist­ has eyer been added. .All that the strongest Republican Admin­ ence of which nobody denies. ish·ation accomplished in this respect was to enforce by arms That message raises a question far more serious than the the principles first laid down by a Democratic President. And one discussed by the gentleman from Michigan, or by the elo­ the war to save the Union was not the policy of a party, but quent gentleman who has just preceded me [:Mr. SHERwoo;o]. a patriotic movement of the whole people. It is true that Re­ I do not now refer to the first part of it dealing with condi­ publican politicians controlled the Government during the years tions which are deplorable, but for which no adequate remedies of our civil conflict, but it is equally true that Democratic are suggested. For my part, I do not believe the head·of a State patriots manned the Union Army. [Applause on the D.emocratic is eyer very impressive while he is describing difficulties with­ side.] Republicans obtained the offices and secured the con­ out showing how they can be surmounted. To declare the tracts; Democrats filled the regiments, bore the fatigues of long existence of abuses while failing to recommend suitable means marches, the perils of desperate battles, the losses of property, of reform is to discredit the Government by confessing its in­ sharing all the sacrifices that were the price of maintaining the capacity to discharge one of its primary and essential functions. Union. [Applause on the Democratic side.] But, sir, after we pass that portion of the mes!'::age which deals But, sir, when the war was O\er, when the last battle to save the with .1\Ir. Ripley, of the Atchison road, and his peculinr per­ Union had been fought and won, when the last hostile soldier formances, we reach a statement of conditions and a declaration had laid down his arillS, when the smoke of conflict had cleared of purpose which everybody on this side joined in applauding from the southern field!': by what policy was reconstruction of so vigorously that finally you gentlemen on the other side the South accomplished? Was it according to tile policy of pun­ reached the point of applauding it yourselyes.. [Applause on ishment, penalties, proscription proposed by the Republican poli­ the Democratic side.] What was the purport of this declaration which evoked univel,'sal approval, spontaneous and enthusiastic ticians-the Thad. Stevenses, the Butlers-which, if it had b ~ en adopted, would have sown seeus of deep injury, inevitably ripen­ on this side, somewhat belated but ultimately not without vigor· ing into bitter crops of resentment, hate, and very probably re­ on that side? It is all summarized in one paragraph. Here newed resistance. No, sir; the reconstruction finally adopted it is: was based on the policy of pacification by plenary pardon, which I do not for a moment believe that the actions of this Administra­ tion have brought on busine s distress. So far as this is due to local Democrats advocated and which in the last analysis merely ern­ and not world-wide causes and to the actions of any particular indi­ bodied the terms of surrender prescribed by Grant to Lee. viduaJs, it is due to the speculative folly and flagrant dishonesty of Democrats insisted that the South was not to be treated ac.; a few men of great wealth. who seek to shield themselve from the effects of their own wrongdoing by ascribing its results to the actions conquered territory, to be pillaged, oppressed, garrisoned; her of those who have sought to put a stop to the wrongdoing. But if it patriots to be prosecuted; her leaders to be fined, exiled, im­ were true that to cut out rottenness from the body politic me~mt a prisoned, hanged, but that she. must be welcomed back as an momentary check to an unhealthy seeming prosperity, I would not for estranged sister to the sisterhood of States, without condition one moment hesitate to put the knife to the corruption. or disqualification, her hands not bound in shackles, but left [Applause.] free to repair the waste of war, while her head reposed se­ These words, sir, raise a question that goes not merely to the cm·ely on the generous bosom of a reunited country. [Ap- credit due any party or any man for having originated remedial ------~.

1908. CONGRESSIONAL RECORD-ROtJSE. 1493 measures, not merely to the prosperity of this people, not merely nitude will so disturb the course of commer ce that ruin will be to the security of this Republic, but to the very existence of precipitated on our industry, panic and desolation will be set civilized goyemment everywhere. In the last analysis this loose over the country. language amounts meTely to a declaration that the President Sir, when this Congress met last December I cherished strong will obey his oath of office and enforce the law of the land hopes that the President of the United States would have a<;!· under all circumstances, against all offenders, for the protec­ cepted on behalf of law, justice, order, and morality that in­ tion of all citizens. That declaration, which ordinarily would solent challenge of the forces that are really responsible for pass for a commonplace, assumes very grave significance in the ruin of our industl'ial prosperity. I hoped that he would view of the effect that it has pr-oduced on the country. What is say in unmistakable terms to the Congress, and through the the effect? Has it awakened on every side unstinted applause? Congress to the country : " The men who themselves ar·e really Can it be possible that there are any elements in this country t·esponsible to·r the panic having undertal.:en to dictate the tenns outside of the penitentiaries who would interpret such a declara­ on which they ~om s1rfjer prosperity to be t·estored, ana these tion of the Chief l\la!dstrate as a threat against their interests terms being not merely immunity from prosecution, but silence or against the securities of their property? Surely, Mr. Chair­ on the part of public officers concerning their offenses, I man, if we were told that somewhere on this globe there is a answer that I wm give . then~ neither. The people must country where men prominent in me1.·cantile affairs, in the judge bettoeen these tnen, wlw demand that the law be sus­ professions, in journalism, aye, in judicial life, administering pended in fa'!Jor of criminals 'When their cri1nes are stupcndmts, the chief enterprises, controlling the largest capital, employ­ and the magistrate, who, belieting his oath of office leaves him ing the greatest number of wageworkers, wielding the mightiest 1w discretion, wm enforce the law against all offenders ~c;ith influences, interpreted a solemn declaration by the head of absolute impartiality. If prosperity 1nust indeed be bttilclea their Government that law would be enforced universally and upon corruption among financiers, I will not suffer it to be justice done impartially as an assault upon credit and a blight 1naintained bJJ perjury, tor corruption can survive only through upon industry, would we not be prompt to declare such a com­ perjury of officers swon~ to do battle against it in the name of munity must be incurably corrupt, hopelessly rotten, a reproach law and the justice which l aw embodies." [Applause on the to humanity, and a peTil to civilization? And yet, sir, that is Democratic side.] precisely the attitude taken by many-practically all-of I confess, sir, that the President's message received here on the most prominent financiers in this country of om·s. Do I the opening of the session disappointed these hopes and filled exaggerate? Let me read from one of their leading newspaper me with the gravest apprehension. It did seem at the time organs, voicing presumably the sentiments of its subscribers, or, as if the champion of right had shrunk at the critical moment at least, of its advertisers. I hold in my hand a copy of the from encountering the forces of corruption, appalled by the New York Sun, dated February 2. Let me read the first article calamities which these agencies of evil had brought upon the on its editorial column : country. Sir, had the President indeed abandoned his attitude T he business of Ne'v York and of the United Stactes Is not all done of enfor c:ing the law at the behest of offenders against the law, in Wall street. The financial institutions, the custodians of accu­ mulated wealth, :rnd the traders in investments, t:be great railroad and the consequences must have been appalling. It would have been industrial corporations are not the only interests that have reason for equivalent to surrendering control of government to the very the most serious concern at this time. The merchants and manufac­ criminals government is organized to pursue, punish, extermi­ turers of the country, the smaller firms and partnerships, the indi­ viduals engaged in tho old-fashioned way in one or another of those nate. Such a calamity could have portended to the country myriad forms of productive or commercial activity which in the aggre­ nothing but disorders, discredit, and ever-recurring disasters. -gate constitute the major and most potent part of what is known as I feel justified now in taking the floor to congratulate the coun­ American "bu"iness "-what are they thinking to-day. of the document they read yesterday with amazement and profound apprehension? It try because all danger that corruption and violence might tri­ would be interesting to know. In former times of peril their initiative umph over law has been dispelled wholly and completely by the for self-protection and for patriotic purpose has been intelligent, message of Friday. [Applause.] prompt, and effective. What precautions are they taking or contem­ plating in the present situation? Is it really twelve years-ft seems If it were indeed true that a declaration by the President of but yesterday-since these merchants and business men, in all quarters a fixed purpose to obey his oath of office and enforce the law of the land, having been aroused by the menace of Bryanlsm, were or­ ganizing without regard to previous partisanship for the defense of the regardless of consequences had produced the panic, we would be interests of honest business against the assaults of the most dangerous face to face with a very grave question. We must decide be­ demagogue our politics had then produced? tween maintaining industrial prosperity by a sacrifice of justice Here we ha-re a declaration in unmistakable terms that the and maintaining the moral law at a sacrifice of material in­ President's message is an assault on property so outrageous terests. Were the people of the United States actually reduced that owners of property are open to criticism because they are to such a choice, I do not believe they would hesitate for a not organizing to protect themselves against the policy outlined moment to decide by o-rerwhelming majorities in favor of main­ in it. turning morality and justice, whatever the cost. But, sir, there To-day that same paper publishes another editorial of even is no such alternative. Obedience to the moral law and enjoy­ still more sinister import. Omitting the personal references to ment of material prosperity are not alternatives. They are one individuals, so as to avoid making the RECORD a vehicle for cir­ and the same condition. The widest industrial prosperity can culating libel , I will read that part which shows the editor's be reached only by the strictest obsermnce of law based on conception of the effect produced by the President's words. justice and right. [Applause on the Democratic side.] The article is headed, " Dansons la Carmagnole," signifying This panic has not been caused by exposure of wrong, but by " Let us dance the Carmagnole," and it says : _ perpetration of it. It has been caused, sir, not by anything The whole Pacific coast, including the San Francisco sand rots, throbs the President has said or done, but by the criminal practices of a nd palpitates with ecstasy. his detractors and critics, not by any doubt about our cunency The boycott looks np again. The " scab " betakes him to the tangled or about the policy of our Government, but by grave doubts bush. A livelier iris breaks upon the burnished walking delegate. * • • about the honesty with which the largest business enterpris~ From far and near the clans assemble. Down with capital ! Down are administered. And this widespread dish·ust was justified with property ! Let us join the Carmagnole ! by successive revelations of depravity in high places of the finan­ Now, conceiYe the full significance of this publication. Every­ cial world. It began with exposures of extensive corruption in body here, of cour e, remembers that the Carmagnole was the the management of insurance companies. Was the President measure of maddened fury danced by the Parisian mobs around responsible either for the perpetration of these crimes or the cir­ tumblils laden with men and women rolling slowly and pain­ cumstn.nces that uncovered them? Is it not true that these rot­ fully through the streets toward the guillotine, that misdirected ten conditions were of long standing and that they became pub­ altar of popular sovereignty on which victims of popular dis­ lic through quarrels of the plunderers over distribution of the trust were im!Ilolated in great numbers every day, drenching loot? The people, startled at the enormity of these crimes, the soil of France with some of her best blood, shed avowedly were still more deeply shocked to find that nobody has ever been as a sacrifice to the public safety, but really as a mad libation punished or even seriously pursued. Prosecuting officers have to anarchy and terror. And we are told now that this message appeared able to discover nothing but obstacles in the pathway proclaiming on the part of the President nothing but a determi­ of justice. Not one has unsheathed the sword or smitten a sin­ nation to enforce the law with strict impartiality against all gle offender. Instead of being called to answer for their crimes forms of dishonesty is an incitement to riot, tumult, and blood­ in the criminal courts, these miscreants are still occupying the shed; an invitation to mobs that they join in dissipating cap~tal, very places t hey have violated-controlling the very corpora­ ruining property, blighting prosperity, all to the mad whirl of tions whose treasur ies they have plundered. Revelations of the Carmagnole. rottenness in the management of insurance companies were Sir, that statement is highly portentous. It is virtually a followed by exposures of darker depravities in other great declaration that rottenness is a condition of prosperity, and :l corporations. Many concerns were investigated and every one notification to the American people that enforcement of the appeared to have been managed in utter contempt of common law by public authorities against crinles of the greatest mag- ·honesty.

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j l '1494 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3,

The spectacle of all these violators of the law enjoying im­ distrust. Was it not inevitable that in-vestors who had sold munity from prosecution and continuing to occupy the places securities, because they could not h·ust the honesty of men ad­ they have abused has worlced a sense of helplessness and hope­ ministering great corporations, would hesitate to trust the pro­ lessness among the people in the last degree depressing to ceeds of these sales to banks controlled by the Yery same men? t commerce. Withdrawals of deposits from banks and hoarding of moneys in When a great railway was found to have delivered prac­ secret places were inevitable re.sults of such conditions. But tically an entire monopoly of the coal traffic in New York hoarding always in>olves loss of interest and risk of greater Harbor to a single concern-stock of that concern being loss. No man hoards from choice. Withdrawing his money held by officers of the railway company to whom it had been from banks is virtually withdrawing from business, and this given for nothing-and the railroad president on his return no man is willing to do except through fear of greater loss. from Europe, where he had been taking a vacation, told Last year business men had good reason to fear that their funds a newspaper reporter he had come home "to do some house deposited in banks might be lost in wild speculation or stolen cleaning" that statement was accepted as a rather handsome ouhight. Driven to choose between loss of interest if they tribute to justice. So dulled had the public conscience itself withdrew their deposits and loss of both principal and interest become by the spectacle of unpunished crime in the administra­ by swindling if they left their moneys in bank, they accepted tion of the -rery largest enterprises that ne>er once did it seem the partial rather than risk the total loss of both principal and to dawn upon anyone--publicist or prosecutor, journalist or interest. politician-that, instead of being suffered to "do some house While deposits were thus being reduced one very large bank cleaning" in the corporation which he had pillaged, he. should closed its doors, and soon afterwards nine, ten, or eleven other ha>e been sent to do some cell cleaning in the penitentiary banking institutions suspended. which he had deserved. [Applause on the Democratic side.] Bear in mind, Mr. Chairman, not one of these banks failed Finally, toward the close of last year in the city of New through some error of judgment on the part of their officers. York, the local transportation companies, operating the most Every one of them was ruined by practices that amotmted to profitable franchise in the whole world, were investigated by a crime. It was notorious that the closed concerns had ex­ public utilities commission, and such a condition of rottenness tensive alliances, and as suspicion naturally extended to other was laid bare that they went into the hands of receivers on banks, long lines of depositors formed before the paying-teller's their own application. The only reason that could be given for windows urgently demanding their funds. As fears spread their collapse was that e>en the grE>..at revenues derived from that runs might become general, emergency measures were the enormously profitable francbise they enjoyed were not suffi­ hastily taken by all the banks, which oon culminated in panic. cient to satisfy the rapacity of the thieves who dominated the How was this condition met? Was it by publicity? Was companies, · much less yield a penny for dividends to stock­ full light turned at once on all banking conditions, the rotten­ holders. [Applause on the Democratic side.] ness of tmsound banks admitted, and the solv-ency of sound Kow, 1\Ir. Chairman, that statement has been repeated in ones made clear, conspicuous, and unquestionable? No, sir. the newspapers for a long time, and no one has questioned it. ' Popular distrust was met by univ-ersal suppression of e>ery Yet. while the h·nth of it is undeniable, nobody is prosecuted. fact by which the people could learn for themsel>es what the Kay, more, these enterprising financiers, when their rapacities conditions actually were. had ~""{hausted the treasuries of the transit companies and their The banks seemed to believe that confidence could be re­ credit, when there was nothing more left to steal, did not even stored only by wrapping their own operations in impenetrable withdraw from the management of the enterprises they had mystery. The newspapers lent themselves energetically to looted. They still control the bankrupt concerns brought to this general policy of mystification. They suppressed mention ruin by their crimes. And how has this been accomplished? of every fact lil{ely to shed any light on the actual condi­ By defying the courts, ·Or at least by deceiving the judges, yon tion of affairs. The word went round that the way to make will say. Not at aU. Neither by evading nor defying the courts, all things right was to shout that they were right and to but by openly making use of the courts to promote their .sinister abuse anyone who expressed a doubt or even ventured a ques­ purposes. These wrongdoers did not fly from justice, fearing its tion. ·They ceased to publish the credit and debit accounts of sword, but they actually enter a court of justice, not to suffer each bank at the clearing -house. Events that could not be punishment or to offer reparation.-but to obtain from the court a suppressed wholly were misrepresented radically. Some banks, further Jen.se of authority O\er the Yery corporations they had being unable to meet their debit balances at the clearing house, ruined by open and flagrant robberies. Let me state what thereupon all the banks suspended payment by agreement actually happened, from the record, then this House can judge amongst themselves. .And this was proclaimed in the press as a for itself the fairness of this description. mar-velous display of financial soundness. A friendly creditor-there is no denial of his friendship­ Mr. Dooley described the situation admirably when he said brought suit against the company operating the street railways in one of his inimitable articles that the restoration of con­ upop. a claim for debt, not in the State court-they did not like fidence. was being prosecuted heroically under the inspiring cry the atmosphere there--but in the United States court, which as­ of "Shut up." [Laughter and applause.] sumed jurisdiction on the ground that the plaintiff was a resi­ Into this atmosphere Qf doubt and mystification I had hoped dent of another State, and then this remarkable spectacle was the President would turn the wholesome light of publicity exhibited to investors and citizens generally. The debtor shows by ordering every bank to make a report of its liabilities and no apprehensions of the proceedings instituted against him. resources, stating the stocks, bonds, or other property against On the contrary he meets the pursuing creditor by appointment which loans had been made. Such a showdown would have before the judge, the debt is confessed, and together they walk dispelled at once all doubts and all uncertainties about the out of court with an order appointing two receivers of the actual financial situation. The people would then have been property so absolutely agreeable all around that every one able to decide for themselves which were sound and which were of the officials operating the transit system while ·the thieyes rotten. controlled it were at once reemployed, and they remain in con­ Whatever conditions might have been disclosed, the people trol of it at this hour with one single exception. The president would have faced them once they understood them. A few con­ of the concern, who was employed as general manager by the cerns that had managed to keep open might have been forced receiver, finding the climate of New York unpropitious to his to close their doors, a few more financiers might have come to health-subprenaes were thicker than microbes in the air at grief, but the people would at once have set about overcoming that time-left the State, and before crossing the border into the obstacles in their pathway, which would have ceased to be Connecticut he offered his resignation, and the receivers ac­ insurmountable the moment they had ceased to be mysterious. cepted it in a correspondence calculated to leave an impression WUhin thirty days the work of reparation would have been un- · that the parting was with high regard on both sides. der full headway. Prosperity as we ha.Ye known it has probably In the light of all these revelations-sinister, sordid, shock­ receded into the distance, but the march toward it would long ing-is it any wonder that distrust became widespread as to the since hav-e begun. But the financiers have been allowed to deal value of corporate stocks? No one doubted the capacity of in­ with the situation as they pleased. The policy of suppression dustrial enterprises in this country to earn large revenues, but and mystification and silence remains in full force. Open vio­ many men doubted, and with good reason, whether the earn­ lent nms on banks have indeed ceased, but distrust has not ing , however large, would be suffered to reach the stock­ been allayed, confidence has not been restored, the panic has not holders, or be stolen by dishonest officials. Under the influence been ended. The theater of its >iolent manifestations has of such doubts, stocks and bonds were forced on the market merely been shifted from a few concerns of doubtful solvency, in enormous volume. When it was found that the same men to the· body of the community where men engaged in legiti­ who had perpeh·ated these enormities against industrial and mate business will for a long time continue to be its victims. t ransportation companies were also in control of the largest Why was that policy pursued? What was its object? Simply t!nancial institutions, the banks became subjects of doubt and to prevent a few rotten concerns-not merely banks, but certain ------~------· --·-

1908. CONGRESSIONAL RECORD-HOUSE. 1495

stock-specula tlng houseB whose names were bandied freely society : I suppose because they had not blown up the buildings through the streets-from going into bankruptcy. The finan~ in addition to having pilfered the funds. [Applause on the ciers succeeded, but how? By diverting capital which should Democratic side.] haye been available for the legitimn.te operations of commerce I agree with the President that it is difficult in such a state to maintaining these worthless concerns in operation. Great of public opinion to secure convictions of corporate officers for indm;trial companies like \Vestinghouse could not secure dis­ abuses of their h·usts; but, sir, I do not believe that difficulty i counts necessary to their business at any bank. All the re­ in overtaking malefactors furnishes any justification for aba.n- ' sources of the banks having been employed to keep going these doning pursuit of them. worthless, unproductive, speculatiye enterpriSes, not a penny For my part I think the most pressing necessity of a society could be obtained for legitimate productive enterprises. And afflicted by disregard of law among its powerful members is this diversion of capital from its natural function . of stimulat­ a determination by the c~ef officers of ,State to enforce the law. ing wholesome production to shielding fraud and crime from I do not think the President has yet exhausted all the powers their natural consequences was justified and even m..'lde the of his great office in the direction of vigorously enforcing the subject of praise, because it was said that had these bucket law but I do say that the message shows he appreciates his shops been allowed to fail the stock exchange itself must haYe dutY to the people_in this respect. [Applause.] And appreci­ suspended. [Applause on the Democratic side.] ation of duty by a public officer is the first step toward the This is not my explanation. ·It is the statement by which performance of it. For this reason the President's message is the authors of this policy justified it; and so, sir, the service an inspiring proclamation that the gage of battle thrown down actually rendered by the financiers who claimed credit for ha v­ to the people by forces of corruption which, at the beginning ing ended the panic is that the great business houses of the of the session, it seemed might be left untouched on the ground counh·y have been embarrassed in order that gambling houses has finally been taken up by the man who has always had the might be restored to prosperity. A.nd whose money was it power and who now shows he has the disposition to do effective that these financiers employed to relieve the embarrassment battle for justice and law, whatever the consequence. [Loud of stock gamblers and the institutions that had financed them, applause on the Democratic side.] so that in a little time they will be launched on a new career .Mr. Speaker, it is a stupendous issue-this between the Presi­ of speculation and peculation? Not the money of the great dent and the mighty forces of corruption whose gage of bat­ financiers themselves, but of the large banks thP.y controlled­ tle he has accepted. The elements arrayed against him are the that is to say, the moneys of depositors-your money a.nd most formidable that ever did battle in a struggle for pri>ilege. mine. For over two months legitimate banking was sus­ The powers they can invoke are stronger in many respects than pended that the crimes of illegitimate banking might be con~ the powers exercised by government itself. I wonder if Members cealed and the perpetrators shielded from pursuit. Can any of this body realize the extent of the forces these embattled one doubt that immunity to these miscreants now means repro­ interests can put in motion. duction on even a larger scale of their practices qnd enor­ In a lecture delivered in my own State a few weeks ago, I mities when clearer :t:in"ancial skies shall once more create new undertook to say that our political system had undergone a opportunities for swindling by reviving the spirit of specula­ silent but radical revolution during the last few years, that tion? Can the recurrence of panic be avoided when the con­ the greatest powers in the community were no longer ex­ ditions of panic are perpetrated and even extended? ercised in legislative bodies, in the council chambers of cabi~ Sir, if the President be chargeable in any degree for this nets, or in the offices of a chief executiYe, but in the rooms panic, it is not on account of anything he has done, but of where a few men direct the administration of great corpora­ things he has left undone. If he be open to criticism, it is tions or plan new corporate enterprises. True, there has been uot for having exposed rottenness in corporate management, but no change in the outward structure of our institutions, but the for having delayed the exposures. Had he turned the light on most profound revolutions have been those that affect not the corporate management in 1901 instead of 1D05 perpetration of form but the substance of government. All the . forms of re~ many grave crimes would have been prevented. and the panic publican government survived in Rome long after the Republic caused by them would have been sensibly reduced in Yiolence, itself had been replaced by absolute despotism. The atrocities if not wholly averted. of Caligula and Nero and Domitian, perpetrated under the au­ 1\fr. Chairman, I do not believe that prosperity will ever thority of a republic, show that forms the most venerable may be restored so long as the power of Government to punish be perverted to perpetration of oppressions the most ab.·ocious. crime remains doubtful. To-day men are walking the streets And so, sir, the outward structure of our Government remains charged with the perpetration of enormous offenses, of which wholly unchanged. Not merely does our Constitution survive in the proof is clear and convincing as Holy Writ itself, who have form, but all our constitutional formulas are still acknowledged never denied their guilt, and yet not merely go unwhipped or universally and invoked extensively. even unchallenged of justice, but who still actually retain con­ Constitutionally each man has the right to go where he trol of the very corporations they have pillaged and betrayed. pleases, to work wp.en he pleases for whom he pleases and Confidence can not coexist with such a state of affairs as that. for what he pleases, but between him and the exercise of these [Applause.] privileges lie formidable powers which the Constitution never This spectacle of justice inert, paralyzed, helpless in the contemplated and which government does not control. Prac­ presence of stupendous crimes, is itself sufficient to plunge the tically no man can take one step from his own door to engage country into distrust of all investments. For who can say that in the ordinary competitions of life except on conditions and any corporation is sound while its officers may loot it with terms fixed by some corporation operating a transit system, impunity? [Applause on the Democratic side.] controlled by a few persons-generally by one-with whose se­ I The assertion that attempts of public officers to remedy these lection government has nothing to do, whose orders and regu­ I conditions and prevent their recurrence are incitements to dis~ lations, though binding on a whole community, government order is a gospel of despair in this Republic. It means that hru·uly pretends to regulate. What :nails it a citizen that government of the people and by the people can not be enforced legally, constitutionally, theoretically he can sell his labor for against some of the· people when they obtain control of vast what he pleases when the 1alue of the wages he may earn is financial institutions and abuse it. [Applause on the Demo- fixed absolutely by a few men in whose selection he has no cratic side.] _ voice, whose course he can not control or e>en influence? The Mr. Chairman, I do not belittle the difficulties obstructing cost of implements necessary to his calling, of the clothes the course of justice when enforcement of the law involves in­ that cover him, the food he eats, the fuel he burns, the jury to many persons who are not perpetrators but innocent materials used in constructing the house that shelters him, victims of criminal practices. Not merely is the loyalty of are all determined absolutely and even arbitrarily by some public officials in such cases tempted by suggestions that are half a dozen men, who are also believed to control the chief base, but often motives in themselves commendable are invoked highways of commerce throughout the country, and, there­ to check prosecution. During the recent panic the officers of fore, the immense capital necessary to their operation. With banks who were being pursued before g1:and juries for crimes tho vast banking deposits wl;lich the control of production and that had resulted in closing the doors were able to arrest the transportation places ~t their disposal these same men dominate p,roceedings. against them by undertaking more or less 1ocif~ the financial institutions of every great city. .And thus they erously to reopen the concerns. While these movements were go,·ern not merely ~e volume of production a11d the means of in progress there was a general disposition to suspend pro­ transportation by which commodities are exchanged, but also, ceedings, lest prosecutions might interfere with the prospects through . cpntrol of the banks, they regulate credit, which is . of resumption. In some instances the efforts were successful. the very lifeblood of commerce. Depositors were persuaded to waive immediate payment of their dividends and the concerns resumed operations. At once Compared with these enormous powers exercised in secret by the men who had wrecked them were lauded as saviors of men clothed with no official authority, subject to no public supervision, acknowledging no responsibility, how trivial are l

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: FEBRUARY i il.496 CONGRESSIONAL RECORD-HOUSE.: 3, I I the powers exercised by the nominal or constitutional govern­ would seem as if the man who incurs their resentment must I ment, whether State or Federal, or both combined. The Na­ be prepared to renounce hopes of the most profitable profes­ tional Government never comes in contact with me except when sional employment or of admission to the charmed circle of it delivers my letters or examines my baggage at the dock on high finance with its opportunities for enormous profit. He my return from a foreign trip. These men affect closely every must risk even his hopes of public approval. The storm which act of my life, every exercise of my muscular energy, every has raged round the ears of the President ever since he dared effort that I make for the improvement of my own condition, pick up the gauntlet thrown down by these great inte:rests every plan that I contemplate for the employment of my re­ shows strikingly the extent to which they can affect public source~ or my abilities. While I refrain from crime I have opinion by poisorring the sources of public information through no reason to be conscious that government, Federal or State, their ownership of many leading newspapers. The public man exists. But I can not take a step about my daily affairs with­ whom they pursue will find his words misquoted, or suppre ed, I out paying tribute to these forces, whose authority is undis­ if distortion' be impossible, his motives assailed, purposes at- putable, yet whom it is often impossible to locate, whose power tributed to him which are farthest from his own conception, .: is boundless, yet whose very identity is unknown. [Applause on a thousand difficulties created in his way when he returns to the Democratic side.] the constituents whom he tried to save from spoliation. The Sir, the powers wielded by these forces must be controlled corrupt need no incitement· to hostility against the honest. by law or they must themsel\·es become actually the government. But hitherto many of the well disposed were cajoled into It has been said that these powers are necessary and in­ serving these interests by appeals cunningly directed to their evitable products and features of a highly organized industrial fears and prejudices. system. The President's message does not discuss the extent of When we measure the enormous powers wielded by these these powers nor the justification of them. It merely insists interests, controlling, as they do, every avenue of success in the that whatever they be they must remain subordinate and sub­ professions, in politics, and in commerce, we must realize, that ject to the law of the land. When we consider the influences hitherto ~pposition to their unlawful privileges by a public man they exercise, their power to reward the public man who serves demanded qualities little short of heroic. Here, sir, is the capital them and to assail the one who obstructs their plans or assails value of the President's message, which all good men must ap­ their privilege, it would seem as if the outcome of a conflict be­ plaud, however they may have criticised or condemned former tween them and the constitutional government might be doubt­ acts of the Adminish·ation. It states in unmistakable terms ful. Certain it is that the rewards in their power to bestow are the exact nature of the contest before the country. VVhoever preferred by many men of great talent to the highest honors of reads it must see that the issue is between enforcing the law public life. against all men and suspending the law in favor of a few men. Twenty years ago a seat in the Senate was considered the On that issue, once state:l, it will be impossible to divide the supreme reward of political success, ample compensatiQn for American people, and therefore the demand for justice embodied I' a lifetime of arduous labor, fitting crown for the most splendid in this message neither party will undertake to ignore or deny in career. Have we not recently seen the toga surrendered by one its platform-the Republican party because it will not dare and of the most distinguished Senators to become the adviser of this party of ours because it will not want to evade it. [Ap­ financiers? And it is widely suspected that there are others plause on the :Oemocratic side.] It results, sir, that the cam­ ready, aye, eager, to follow his example if opportunity offer. paign now opening will not be a · contest between conflicting In New York-I speak here of that which is within my own principles, but a choice of 'the champion who will do most ef­ knowledge-there was a time, and that not long ago, when a fective battle for a cause which all will cherish, or at least seat on the bench was the prize toward which every lawyer profess to cherish. While no one will openly antagonize the aspired, the success for which he labored, the "fulfillment of his President's policy of justice, the prospect of its being loyally highest ambition. Within a few years we have seen one judge maintained ·will turn entirely on the character of ·the man after another quitting that exalted station to accept the retain­ chosen to enforce it during the next four years. ers of financiers, and it is quite generally believed that those Sir, it is no ordinary political contest, but a crusade to which who remain on the bench are straining their eyes for an oppor­ the President invites us. The man to make this fight succe. s­ tunity to exchange the serene atmosphere of the courts for the fully must be animated by the spirit, the courage, and the un­ profitable though less honorable service. of corporations. selfishness of a crusader. But, sir, the qualities of heroism are Sir this is a spectacle which may well cause thoughtful men not common. The stuff of which crusaders are .made is not to the g~ave t apprehension. The very life of the Republic is in­ be found on every side. These qualities were described vividly \olved in maintaining the vigor and independence of the courts. more than eight hundred years ago, when Pope Urban II We ha\e restricted the powers of legislatures and no injury has preached the first crusade to the great gathering at Clermont. followed to the body politic. We may redt!ce the scope of Ex­ You remember, sir, that -while urging his hearers to take up ecutive authority, and no serious harm may ensue. But there arms for the delivery of the Holy Land from impious domina­ mnst be in e\ery system of government some depository of ulti­ tion he told them they must not expect prizes of any earthly mate power, some department that can fix limits to the author­ value, but they must renounce all hopes of gain or fortune. ity of all others. In a republic that power must always remain They must turn their backs upon the homes they loved; in frail with the courts. It is a significant fact that whenever one of barks they must cross seas wide and stormy; they must walk these judges exchanged the judicial ermine that is honorable with bleeding feet over burning sands; they must face with for the livery of corporations that is profitable he invariably dauntless breasts the scimiter of the Saracen; they must even, became a mouthpiece and exponent of the apprehensions en­ if need be, with naked hands climb the walls surrounding tertained by his new employers-that the President is inclined the city of the Holy Sepulcher profaned by the infidel's ·pos­ to carry his lo\e of justice too far. session, and all these sacrifices must be made, all these fatigues Sir, not .even when these doubts proceed from the mouths of undergone, all these perils incurred without any hope of re­ ex-judges transformed into corporation attorneys can it be ward or return, except the consciousness of a high duty loyally admitted that love of justice, however strong, in any public done. And as that vast assemblage, moved by his words, -cried senant is incompatible with the welfare of the people. ' out with one mighty voice "It is God's will!" "It is God's Never, sir, will that be admitted by this House-at least will ! " the Pope added, "Be those words your motto : Id Deus by this side of the Chamber. Here we believe that jus­ vult-It is God's will! Go forward in His name!" tice is the true fountain of prosperity. [Applause.] So Mr. Chairman, that spirit of readiness to face all difficulties long as justice governs any enterprise it can have no fear for the sake of justice because it is God's will is the spirit of injury from enforcement of the _law. Law can never which must animate the man fit to lead ·this campaign. Who­ be the foe of industry, but always its companion and hand­ ever undertakes the burden .of this contest hoping for personal maiden. Through law it enjoys peace, which is the ·essen­ reward will very probably be disappointed. With all the avenues tial condition of its efficiency. By law its fruits a.l'e de­ to success-professional, financial, and political-guarded pa­ fended and its prosperity promoted. It is crime which fattens trolled, policed by sentries of the enemy, he must be ready on wrong, and its beneficiaries-the dishonest in commerce, to suffer, if need be, pectmiary embarrassment, misrepre­ the rotten in morals, the corrupt in politics-that can have sentations of his motives and conduct, seduction of his al­ I any reason to fear the light of publicity or the sword of jus­ lies, betrayal by men he trusts, defeat of his policies by tice, and against these may that light never be obscured, may treason even if he be successful at the polls. But, sir, though : that sword never be sheathed. [Applause.] . he be forced to taste all the bitterness of hopeless conflict, his Sir, if the rewards bestowed on their adherents, advocates, sacrifice will not be in vain, his defeat will not be finaL Sooner advisers, and apologists by these forces of intrenched privilege or later his cause Will triumph. Though both parti ,~s be com­ be so large that they are preferred to places of highest honor plaisant, though legislatures b·e corrupt, though courts be sub­ in the public service, so are the penalties formidable that they servient, though judges may prefer to win the favor of powerful ~an inflict on their opponents, critics, or prosecn.tors. It interests rather than do justice upon wealthy criminals, none

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1908 .. . CONGRESSION ~L RECORD- HOUSE. 1497 the less the cause of the people will prevail, because it embodies informed of the sources from which all political subscriptions that justice against which no organization of men has ever yet come, before the ballots are cast-if in addition to all these he been ab1~ to make a succes ful stand. [Applause.] demand also that special privileges against which the gentleman - But, sir, where is this champion to be found who, animated from Michigan [1\Ir. TowNSEND] has declaimed, be abolished in by the spirit of a crusader, will cheerfully face disappointment fact-that wherever a tariff enables a h·ust to exploit the people, or disaster rather than compromise a principle, resting his hope it shall be abolished altogether or, at least, reduced to the point of success not upon political finesse, but on devotiOn to an ideal: where foreign competition may give consumers deliverance from There is no crusader on the Republican side except one [ap­ exactions palpably unjust, he will then stand upon a platform in plause on the Democratic side], and he is disqualified from th(; support of which his party is absolutely unanimous, and the fray. His acc.eptance of a nomination by either party, or by· people of this country practically unanimous. [Applause on the both parties, would not be elevation, but abasement, almost dis­ Democratic side.] Not a man on the other side would venture honor. He has renounced the field of politics, and through that openly to assail these principles. Our opponents might continue renunciation he has been lifted to a nobler plane by the spon­ to talk about our former divisions, but they would be sur­ taneous judgment of civilization. [Applause on the Democratic prised at the genuineness of the present reunion. [Applause on side.] Nel'er before in the history of this country has· a Presi­ the Democratic side.]. dent, while still in office, succeeded in embodying so completely Such a platform would embody nothing except a demand that and voicing so emphatically the conscience of the people that equal and exact justice be done to all men, that society shall ­ a message of his will be embodied in the platforms of both pursue its greatest enemies el'en more rigorously than lesser political parties. And this domination of the whole political offenders against its laws, and that all citizens be placed on a field has been accomplished in the face of a rancor fiercer plane of absolutely equal opportunity in matters industrial as than eYer was evoked by any of his predecessors, not while he well as political, and these are the demands embodied in the enjoys even a prospect that his official term may be prolongeu, President's message. You gentlemen will be forced to nomi­ but after he has openly and finally renounced every cb.ance nate some man who will profess belief in its dochines; we of remaining in office. That sir, it surely is no exagger­ will nominate a man who will not need to make a profession ·of ation to say, is a position no President bas ever before faith, for al1 the people will know that his heart and soul and achieved, at least not till long after he had passed from every fiber of his being are instinct with ardor for them. All the scenes of contentious politics and the grasses had been parties will therefore at least profe s opposition to the ·ab­ growing for many seasons aboYe his breast. [.Applause.] horrent forces which the President has denounced. And this The position reached by this man no party success could insures their overthrow. Conceive, :Mr. Chairman, this most improve, but any partisan affiliation must lower. For him yaluable fruit which the message has already borne. Elements to become the nominee of a party, whatever the outcome, would which but yesterday thought themselves strong enough to domi­ be to put on a duller armor, to enlist in a baser cause, to fight nate both political parties, whose newspapers were openly en­ behind a meaner banner. [Applause on the Democratic side.] couraging opposition to the one man whose nomination they feared No friend would tempt him to such a descent~ no patriot would on this side, and at the same time seeking to intimidate the cham­ deem him capable of contemplating it. [Applause.] pion of justice who has risen most unexpectedly from your ranks, Sir, with the President eliminated, I. repeat there is no cru­ are already completely defeated, demoralized, routed. by the sader available among Republicans. I hardly think. anybody· popular response to the President's appeal. The harsh notes would even suspect our distinguished Speaker of possessing the of their organs still disturb the air, but as political forces they qualities of a crusader. Nor can I conceive the well-balanced are already beneath contempt. Instead of governing and dom­ Senator from Pennsylvania passing for a reincarnation or even inating both parties, when the two conventions shall have ad­ for a lineal descendant of Godfrey de Bouillion, while the dis­ journed there will not be an inch of political ground left for tinguished gentleman . who is generally supposed to represent them to occupy. Instead of being feared and cultivated and more directly the Administration is essentially a judge, and the served, they will become political outcasts whom no one will judges place is behind the crusader, following after him to regard, political lepers with whom association would be danger­ organize, regulate, make permanent the results won in strenu­ ous and contact fatal. Sir, here is success sufficiently brllliant ous battle. But there is a man available on the Democratic to make an Administration memorable; triumph ~uffi.ciently de­ side with every essential quality of the crusacler, a champion of cisive to insure a glorious place in history for any President. justice and morality, about whom there is only one doubt, and [Applause.] that is whether he be not too strenuous. [Applause on the Viewing it, Mr. Chairman, as I do, fixing as it does the issue Democratic side.] :Men may question his judgment, but no one of this campaign, and therefore indicating as it does the man can .doubt his loyalty. We may differ from his views on many best fitted to bear triumphantly this banner of justice, morality, subjects, but all men respect his virtues. I have opposed him in· and law, instrring as it does the triumph of principles for which the past. Under certain conditions I might oppose him in the the Democratic party has contended ever since the foundation future. But I believe this message has outlined conditions of this Government, I have no hesitation in recorcling my judg­ under which he becomes for this campaign the foreordained ment that the message read here last Friday is among the most champion of law, justice, and order. [Prolonged applause and yaluable conh·ibutions ever made to the safety, the progress, cheers on the Democratic side.] the prosperity of this Republic. I c.o1.re not what else the Presi­ 1\fr. Chairman, there are some features of the extensive po­ dent may have done, I care not what other features of his record litical creed he has professed which I reject. If they were may be open to criticism, I care not what inconsistencieR may issues now, or if they become issues, and he the candidate rep­ at other times have marked his public life, I say of him resenting them, I would be just as vehement in opposing him as now in the presence of this House and of the American peo­ I hope to be active in supporting him. But there are some ple what I said to him last Saturday, when for the first time questions on which I believe he embodies the conscience of the since this Congres assembled I stood in the White House. "As whole people, and if in the next campaign these be made the your first message (of thE> session was read I doubted you. But issues, r believe he will be invincible, because no one can ques­ your last message1 shows clearly that the courage which I had tion the sincerity with which he reaches his eonclusions or the questioned remains unshaken, while the occasion for displaying loyalty with which he maintains them. If he confine imself to it has been chosen with better judgment. Two months ago you demanding prosecution of all malefactors without distinction, might have been considered a candidate bidding for popularity. except that if rigorous enforcement of the law should result in Now not even a breath of suspicion can becloud the spotless congestion of the criminal courts, then that plunderers of mil­ armor of unselfish patriotism in which you stand forth the lions be given prececlence on the pathway to prison over pilferers champion of right." of pennies. . [Prolonged applause.] Mr. Ob._'lirman, if anybody shared my views of the first mes­ The CHAIRMAN. The time of the gentleman has expired. sage, I -hope he will join me now in acknowledging the merit of Mr. COCKRAN. Mr. Chairman, I will ask the gentleman to this last communication, and as its author disappears from the yield me five minutes further. field of contentious politics surely we may all hail him as a Several MEMBERS. Make it ten. shining ornament of popular government, a loyal exponent of Mr. STEPHENS of Texas. 1\Ir. Chairman, I yield ten min­ truth, an intrepid champion of justice-a great hero in the glori­ utes more to the gentleman from New York. ous galaxy of American heroism. [Prolonged applause and .1\!r. COCKRAN. 1\fr. Chairman, if in addition to that he .cheers.] demand that United States Senators be elected directly by the 1\fr. HEPBURN. Mr. Chairmrui, the debate this afte&:noon, people of the different States, so that the Chamber at the other so fur as it has been conducted by gentlemen on the other end of the Capitol wonld become as quickly responsh·e to public side of the Chamber, is certainly Yery instructiYe as to the opinion as this body has always proved itself, if he msist on versatility of the Democratic party. One gentleman denounced publicity of all campaign expenses, so that while everyone who in bitter, unmeasured terms, unseemly, it seemed to we, in wishes may contume to subscribe freely, the people shall be this Chamber, the President of the United States, our President, ------~ ------

1}498 CONGRESSIONAL RECORD-__ HOUSE. FEBRUARY 3,

the President of this whole country, and I say that advisedly, ness, not the floor trading of the brokers among themselves for no man who has ever sat in the Presidential chair so when they have nothing else to do. In a corresponding period fully fills the hearts of the American people as the man who of the next year those transactions advanced to about 12,000,000 sent to us the message so criticised. [Applause. on the Re­ shares, and in 1906 to upwards of 20,000,000 shares in the half publican side.] One gentleman, the gentleman from Ohio, year. Suppose it to be 40,000,000 shares during 1DO~and whose years of experience in parliamentary procedure, par­ this is the respectable part of this gambling-suppose it to be liamentary propriety, has covered more than a generation, it 40,000,000 shares; suppose that they represent simply face seemed to me, went far beyond the proprieties of debate in value, it means under their methods of business, the methods of the New York Stock Exchange, that· the banks of that city I denouncing the Chief Executive and the message that he had sent to us, while another gentleman, .who followed him, ·told must have furnished these traders approximately three billions us that this message was of such a character that he could and six hundred millions of money to carry on these transac­ scarce tell who should have originated it, whether it was tions. If that is true, if this great proportion of the banking Theodore Roosevelt or the object of his political adoration, capital of New York was thus absorbed in illegitimate business, William J. Bryan. The gentleman from New York, who has is it any wonder that later on when legitimate transactions just taken his seat, has told us it meets his hearty approval, were to be conducted, and men in ordinary business sought the and he has devoted an hour's time to showing how,_ in all of banks for usual accommodations, that the banks were unable the recommendations of the President, he has been right. to supply their customers and that ordinary legitimate business Does not that show the versatility of Democracy? And, mind languished? And yet these stock dealers are th'e men .that are you, the sentences of the gentleman from Ohio were applauded assailing the- President of the United States b-ecause of his when he was denouncing the Executive as vigorously as were recommendation that stock gambling should cease. the sentences of the other gentleman [applause on the Repub­ Mr. Chairman, in the things that the President has done the lican side] when they were extolling him. American people to-day stand behind him. [Applause on the l\Ir. Chairman, I was profoundly moved by the early sentences Republican side.] In every recommendation of his message the of the gentleman from Ohio, who so pathetically spoke of by­ American- people stand by him, ready to uphold his hands, gone days when he sat here in this House on a former occasion­ ready to demand that the legislation that he asks shall be years ago with men who were giants in their day, but _who given in order that those recommendations may be made ef­ have mingled with the dust almost half a century. It was fective through the courts. [Applause on the Republican side.] pathetic, pathetic indeed. But later I thought, as he rall_lbled There may be gentlemen who say there will be nothing done along among his captious and querulous comments, that If he by this Congress. I do not believe it. I assert that the Amer­ had seen fit he might have indulged in personal recollections ican people are earnest in the purpose of so clothing the Ex~ 1: of a House that had assembled in times much farther remote. ecutive with power that he may be able to accomplish the re­ l\Ir. Chairman, this message of the President has received in forms that are advocated in this message, and if men stand some sections of this counh·y very violent condemnation. But in the way, Mr. Chairman, they will be run o\er and may from whom? That is always a pertinent inquiry when you hear be disfigured badly in the contact. [Applause on the Repub­ either denunciation or praise. In order to value either you lican side.] must know the sources from which it comes. The denunciation Mr. Chairman, I was glad to hear these encomiums of this in this case that we read in the newspapers comes from the message. I am glad to hear them, because as I read history organs of the very men, and those only, whom the Pre-sident of they import a great departure-a great departure-fmm the the United States has seen :fit to denounce as the great male­ policies and purposes of the Democratic party. There is legis­ factors of the age. There is where the condemnation comes lation asked for here, legislation that men are doubting about from, and that is the only source from which it has come to my the power of-Congress to grant. I am glad to hear these gen- _ knowledge except from the gentleman from Ohio. [Laughter.] tlemen say that they approve of the legislation and saying l,i that they will join hands with us in trying to secure it. .A. 1\Ir. Chairman, why do they denounce the President. of the gentleman a little while ago said-the gentleman from New United States? They say because he disturbs business and York [Mr. CocKRAN]-among other things in his admirable because he produces a panic. Disturb business? What has the speech, that everything that had been accomplished by this President done to disturb business? He is not engaged in busi­ Government in the W!,l-Y of progress had come as a largess from ness himself; he is not a rival of those gentlemen; .he is neither the Democratic party. a bull nor a bear. What has he done? He has simply· called I confess that I thought that was a statement somewhat ,r, attention to the misdeeds of certain men and the manner in startling. I thought there were many persons here who scarcely which they have perpetrated crime and the manner in which believed that the gentleman could be ·sincere. And he gave as they have imposed valueless securities upon the public; the an illustration of the progressive movements of the Democratic manner in which they have seized upon great -railway corpora­ party the fact that the Louisiana purchase came from Jeffer­ tions and bankrupted them; the manner in which they have son's Administration. Ah! but Jefferson denied the power of added to the capital stock of railways such enormous .sums as the Federal Government to do the thing that he had done. to jeopardize the possibility of there being any value in those Jefferson said that there was no power in the Government of that were or those that they have falsely issued. That is all. the United States to purchase the Louisiana tract, and twice or That is all that he has done. He has simply exposed, simply three times came to the Congress of the United States asking brought to the light, simply turned the lime light upon the for an amendment to the Constitution whereby his act of usurpa­ transaction. Not of his action, but of others. Is it singular tion (as he regarded it) would be validated. Thomas J"effcrson that there will be doubt and x;nistrust on the part of investors denied the power of the Government of the United States to in the stocks and bonds of railway companies in the United assume the debts of the State. He said that there was no States? I ask that question in all sobriety and candor. The power; and although he did become a party to it, he said after­ value of a railroad stock depends upon the proportions between wards, in apology, that he was tricked into doing it by 1\fr. its volume and the possible or probable income of the road, and Hamilton. 1\Ir. Jefferson always insisted that the Go\ernment when three or four men can take hold of one of the most valu­ of the United States had no power of any kind whereby it able of all western railways and in a single night. add $92,000,- recognized as money anything but gold and silver. Oh, it is 000 to its indebtedness, is it to be wondered that men should be true the Democrats have progressed. I can remember only a reluctant to invest their money in the stock of such a road? few years ago they were urgent and insistent that they could When a single man can add $182,000,000 to the bonds and stock pay off with honor and integrity a bond, interest bearina-, of another· railway, is it strange that men should hesitate to with a green:tmCk which was another promise to pay and did put their money into the stocks and bonds of that railway? not bear interest. They are a progressive party, it is true. Those transactions ~nd similar transactions are what created [Laughter on the Republican side.] distrust, created suspicion, and with other offenses brought Why, l\fr. Chairman, corning all down the history of the about that want of confidence that has resulted in financial United States, ·the reader is surprised to find that every step in disaster in some localities. progress that it has ever made has _been over the protest of But that is not all. The stock· gamblers are all arrayed the Democratic party. [Applause on the Republican side.] It against the substance and essence__ of this message. Stock gam­ has always insisted that there was no power in the Federal blers, in my humble judgment, did more than any other class· of Government to accomplish these great results. But the limit of men, through their influence with the banks of the cities, _to audacity was reached by the gentleman from New York [Mr. bring about this financial disturbance. [Applause.] CoCKRAN] when he suggested to an audience-very many of Mr. Chairman, in the first half of the year 1004 the transac­ them more than 60 years old-the fact that it '\Vas to the Demo­ tions on the Stock Exchange of New York, according to a re­ cratic party we owed the doctrine that the Federal Government port which I have, which is official, I think, amounted to about had the powers to coerce a seceding State. [Laughter on the four and one-half millions of sh.:

1908. CONGRESSIONAL RECORD-· HOUSE. 1499

Cabinet announced a different doctrine the gentleman had not under all these circumstances, the presumption that he is inno­ then concluded to grace our citizenship with his presence and cent, with all the presumption involves, does not promote the his person. [Laughter.] 1\fr. Chairman, seriously speaking, administration .of justice. Such presumption is one of the was it any act or through the influence of the Democratic party anomalies of the common law for which no necessity now that this Union was restored, or was it of another party? Was exists. Courts set aside verdicts because of mere technicalities. it the Democratic party that demanded, after the victories of I believe that it would be wise policy if we were to declare that Gettysburg and of Vicksburg, when the Army of the Potomac in the Federal courts that presumption of common law that I was surrounding the beleaguered capital of the Confederacy,­ have referred to should not be regarded, but that all criminal when the Confederacy was tottering to its fall, that declared in statutes should be liberally construed in order to a void evasion a national conyention that after four years of failure to re­ and to secure a due and proper administration of justice. store the Union by the processes of war, we must now quit the If that were so, then there would not be so many infractions nearly won fight and go into negotiations, negotiations that had _of our law. If that were so, it would be possible to compel b~en tried and found a failure four years earlier? I did not obedience to statutes of the United States that now every man k1!_0W that there was a living man, not even the gentleman from who has a hundred thousand dollars to spare laughs to scorn. Kentucky, who would haye the audacity to make the statement Gentlemen say that Theodore Roosevelt produced this panic. that was made by the gentleman from New York with regard ETery sensible man knows that as long as human nature con­ to that bit of our history. tinues as it is, and as long as we do business as we do, panics If the Democratic party had had the power, to-day we would will be inevitable. All of the great business of the United States have unlimited quantities of greenbacks or else we would have is done with 5 per cent of actual money, 95 per cent with some been in complete bankruptcy. If they had the power, we would form of credit ~apital, capital that has value only because it have had unlimited coinage of silver, without the intervention may have confidence, personal or public, behind it. Remove that of an international agreement, at the ratio of 16 to 1 of gold. confidence in any way and that 95 per cent of capital withers If they had been in power, there would have been no gold­ as though but paper thrust into a furnace. There will be standard enactment, and we would not be on a pai· with the panics in every country having a business system such as ours, other nations. If they had been in power, there would have where you can not have the actual money to do all the business. been no Dingley tariff, with the prosperity of the last decade. You have got to use this large proportion of credit that is based I do not doubt but that that portion of the genH~illan's ad­ upon confidence or faith, anrt that shrivels into nothing when­ dress struck as very ridiculous some of his listeners who are e•er that confidence or faitil is disturbed. 1\Ien will expand now so anxious to recant all that they have ever said in ex­ their business. I gave yon an illustration of it just now in tolling the greenback and sounding preans on free silver. I business, so called, where the stock gambling increased in thr·ee do not believe that there is a Democrat within the sound of years' time from four and a half million in one period of six my v.oice who to-day would dare to say that he favored any months in 1904 to twent-y million shares in another six months financial platform of theirs enacted between 1860 and 1904. later. All the money that these gamblers could get hold of Not one. Every one of them is a repudiationist on that sub­ they invested in their so-called business. The more money ject, although I believe that none of them belieye in the re­ there was that they could reach, the more expansive became. pudiation of Mississippi some fifty-eight years ago. their business. For, mind you, tl}.eir business is carried on 1\Ir. Chairman, the gentleman from Ohio [1\fr. SHERWOOD] without regard to the quantity or amount of a thing which is had much to say about the extreme poverty, the extreme dis­ produced. In a single day more shares of Union Pacific stock tress, from which the people of the United States are to-day have been sold in the Stock Exchange of New York than were suffering. I assert that that is a matter of imagination with ever issued. · him ; that there is no such suffering as he depicted in any part of On the board of trade in Chicago in a single year I am told the United States; that there has been no marked injury to by a gentleman who I think knows that 90,000,000,000 bushels the country banks whatever. On the contrary, outside of of grain were bought and sold, eighteen times the entire thr~ or four cities, the business of the country is sound and production of the United States in its most prolific year. -the people solvent. There never was a time where there was The subject of that kind of business is unlimited, except as it more money in the banks than now, or when there was a is limited by the banks. As long as the banks will loan, these greater freedom from apprehension of panic, except in the gentlemen will borrow; and the banks prefer to loan to them,­ city · of New York, and there they have to account for their for· they are the men who pay the extraordinary rates of in­ own sins when they look over the situation. terest. Whenever you see that rates are 1, 2, 3 per cent a day, Some gentlemen have complained that the President of the as they sometimes are, you may know that the stock gamblers United States does not get a larger number of men into the are busy. They are then conducting their business with alac­ penitentiary. I know a good many concerning whom I would rity. It is not the men engaged in the ordinary pursuits of give God-speed to him if his efforts were to be redoubled and commerce that can pay such rates of interest as that. Six, or his capacities in that direction multiplied a score of times. at most, 8 per cent a year is the limit that their financial pos­ [Laughter.] But we must remember, 1\fr. Chairman, that there sibilities will reach. It is the stock gambler who is the favored are difficulties in the way. How difficult it is to convict any customer, and these large rates of interest make them the most man of crime, I do not care who he is, if he reenforces his de­ attractive of borrowers, and the banks favor them to the ex­ fense with an abundant exchequer. It is almost impossible. clusion of legitimate ·business. Then when the real business You must remember, gentlemen, how many fictions we have must be done come the strenuous times. thrown around the criminal, how many technicalities we have 1\fr. Chairman, again I warit to express my gratification at environed him with. What a large, unlimited play there is for the manner in which this message of the President has been him to move upon the sympathies of jurors. How difficult it is received, at the manner in which it has been generally and to keep an improper man from the jury list and then from the generously extolled by gentlemen of that side; and I want jury box. Look at the trials that we have had that have at­ .further to say that there are but few members on that side n·acted the attention of the people of the United States during who will have the temerity to say anything else than honeyed the last six months or twelve months; how many there are that phrases in speaking of it. They know that it meets the re­ the great mass of the people regard as mistrials and miscar­ quirements, the demands, the expectations, the hopes of the riages of justice, where the miscreant has been unwhipped of American people, evinced by their efforts to appropriate all justice because of our methods and because of the opportunities of its provisions. [Applause on the Republican side.] that are given to a man charged with crime to escape. All of , Mr. Chairman, as an appendix to these remarks I desire to these technicalities come down to us as a portion of the common print the following article: law that first had their origin rightful in that time when [From the Morning World, January .7, 1908.] there were sixty to seventy capital offenses, when under the WALL STREET-WORST OF GAMBLING PLACES. Jaw in Engalnd the criminal was not permitted counsel, when Governor Hughes in his messa~e recommends the abolition of race­ track gambling'. He asks the legislature to make lJookmaking at race · they were not permitted challenges of the jury, where in a tracks a prison offense, like pool selling. His authority for this rec­ great majority of instances they were ignorant men oppressed ommendation is section 9 of article 1 of the constitution of the State and abashed by the presence they were in, intimidated and of New York, which requires that "the legislature shall pass appropriate laws to prevent" any form of gambling within this State. fearful because of the presence of the court and the dignitaries This section of the constitution should be enforced everywhere with they were before, condemned by ignorance, by fear, by self­ equal justice. recognized inferiority to silence- then it was right and proper Nowhere is its enforcement more needed than in the New York Stock Exchange, the Consolidated Stock Exchange, the Cotton Exchange, and to presume the innocence of a prisoner. But I sul)mit to you on the Broad street curb. Race-i:rack gambling at its worst is an evil that the legal presumption of the common law obtaining in our of petty consequences in comparison with Wall street gambling. Race­ courts to-day that after a man has gone through with the pre­ tract{ gambling injures only those who bet on horses. Wall street gambling may menace the .legitimate business of the entire nation. liminaries of arrest, after his case has been heard by a dis­ What other public service could Governor Hughes render comparable passionate ~and jury, after he has been solemnly charged, with the elimination, segregation, or even restriction of this· great evU ?

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I I 1}500 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3,

BANKS AS GAMBLI!\G TOOLS. of the country to Wall street was facilitated by tbe three great insur­ In no other country than the United States are incorporated banks ance companies-the Equitable, 1\!utual, and "New York !Me-which pat·t of the machinery of stock gambling. In no other country are the collected annually $200,000,000 from their policyholders. This money methods of stock gamblers such as to require the constant use for that they invested in Wall street securities or depQsited in Wall sti·eet banks, sole purpose of hundreds of millions of dollars of other people's money. ~~~ng their disbursements by New York drafts and keeping the cash In no other country is t he National Treasury called upon to turn over the pub)lc revennes for the use of members of a stock exchange. In Wull street thus became a great funnel into which the savings of the London, Paris, Berlin, Frankfort, and Amsterdam gamblers in stock people, instead of being available to the local manufacturer or the local must u e their own money and their own credit as if they were playing storekeeper, were driven by higher rates of interest to the Stock ~"'x­ at )Jonte Carlo instead of on a stock exchange. change. 'l'h1s difference in stock gambling accounts for the great fluctuations The system of reserves directly invited this. If a national bank in 1n the rates of interest in New York as compared with the stability Altoo:J:!.a or Columbus or Topeka deposited its money in a Wall street of European financial centers. In Kew York call money may be 3 per bank It not only received interest, but it was allowed to credit what cent one day and 50 per cent the next day, something unknown in the New York bank owed it to its legal reserve like real cash. But Europe. the debt of any country bank to a New York bank could not ·be cred­ 'l'he banking laws and the banking system of the United States con­ ited to its legal reserve. A New York credit was legally cash and a centrate the fluid capital of the country in Wall street. By bidding up country credit was not. the rate of interest higher than legitimate business can pay, stock DEPOSITS AND LOANS. gamblers are able to draw from productive industry its means for sup­ plyina pay rolls, for carrying on manufacturing, for distributing goods When the recent panic became acute in November the dearing-house and for moving the crops. banks reported deposits of over $1,000,000,000. Of these deposits one­ To-day for in tance, the World's Wall street article bears the head half were due to other banks. Of the loans, which sli,.btly exceeded "Flood of Cash Buoys Stoek List." The money came from every part the deposits, over half were on stock exchange collateral. That is, of the country-from many places where the business need of it is the money collected from millions of depositors throughout the country sore. by their local banks was used as the basis of Wall street credit and In Great Britain an increase of 1 per cent in the discount rate of was the real money in the stock exchange game. the Bank of England is regarded as a serious fluctuation. For the There are two general cla ses of loans. One is commercial paper­ Bank of France to alter its rate one-half of 1 per cent is a matter of that is, discounts on bills of lading, on cotton, wheat, warehouse re­ international finance. For the Bank of Germany to charge a third of ceipts, goods in manufacture, and the notes which retailers give their last week's hi~hest rate in Wall street is done only after serious wholesalers and wholesalers give to their manufacturer . 'l'be other consultation with the Government, with great capitalists, and with busi­ kind of loan is what Europe calls a finance bill and Wall street calls ness interests. a collateral loan. It is a loan not on separable \)roperty, but on a piece of paper which represents an interest in indivisible property. THE WORLD'S J:IGGEST GAM13L~G HOUSE. A share of railroad stock differs from a warehouse receipt for eggs, Nowhere on the earth docs another such gambling institution exist butter, cotton, or wheat in that no holder of it can demand so many as finds shelter in the New York Stock Exchange--an unincorporated, rails and ties or locomotives and cars. No holder of United States irre. ponsible institution. According to the statistics carefully compiled Steel stock can demand so many tons of steel rails or iron pigs ; no by James Creelman, in Pearson's Magazine, there were sold in 1906 on holder of Standard Oil stock can demand so many barrels of kerosene. the ~t cck Exchange 2 6,41 601 shares of stock of the par value of Neither can the holder of any corporate bond demand anything except 25.000,000,000, beside 663,000 thousand-dollar bonds; on the Con­ payment of principal and interest when due, and bonds run for such long solidated l!;xcbange, 136,000,760 shares of stock, besides 21,569,178 periods that their payment Is an asset too slow to be realized on in an shares of mining stock and 193,884,000 bushels of wheat. This does emergency. not include curb sales. • This distinction is recognized in every other country. The Bank of These gambling transactions amount to over 30,000,000,000-four France last November declined to make any advances on American times the value of the products of all the farms of the United States, finance bills, while expressing its willingness to loan all the money half the value of all the land and buildings, one-third the census that their value would warrant on cotton. wheat, corn, and other tangi­ valuation of all the wealth of ever kind in the country. ble goods in shipment. The Bank of England months ago not oiily L:~ st year there were sold on the stock exchange 43,399,710 ~hares refused to discount American finance bills itself, but notified its cus- of n eading, fifteen times the total amount of Reading stock m ex­ tomers that they must not do so. The Bank of Germany was forced Istence. Of the Union Pacific, Harriman's road, there were sold several years ugo to adopt the same policy. 36,751,600 shm·es, twenty times as much as existed. In these countries the discounting of finance bills is left to private Ninety-nine and one-half per cent of these transactions, according to bankers, who use their own private resources, without involving gen­ Thomas W. Lawson, are nothin.~ except bets that the price goes up or down. They are as much gambling as betting on a horse race or on 1 eral banking facilities, which are restricted to the use of commerce, the card that comes out of the faro box or on the odd-or-even fall of manufacture, and other business. the dice. · CO.YMERCIAL OR FINANCE. THE BUCKET-SHOP LAW. Instead of the New York national banks following this wise policy Under section 343 of the penal code it Is a crime for- of the great European banks by looking after their commercia cus­ " any building • • • to be used for • • * making any tomers, rather than seeking for the higher rates of interest which wagers or bets made to depend upon the future price of stocks, bonds, stock gamblers pay, they have adopted the contrary policy. In ten secmities, commoditie , or property of any description whatever." years, from 1896 to 1906, the New York bank loans on stock exchange This law was pa sed to enable the stock exchange to close bucket collateral increased from $162,361,654 to $442,210,763. The ~ain in shops and . thus monopolize gambling in stocks. For this purpose the commercial loans was only two-fifths as much, $151, 795,u29 to law is et'l:'ective, because the bucket shop makes no pretense to actual $259,340,272. delivery of the stocks in which it gambles, while the stock exchange During the panic -weeks bank loans on collateral were actually in­ does. The system of the stock exchange to evade the gambling law­ creased. Banks had the alternative of carrying their stock-gambling and to utilize for its own purposes the fluid capital of the United customers or of such a stock exchange crash as would imperil their States is complicated. Were it simple and known to everybody it own solvency. Therefore s'ome of the banks stopped commercial dis­ would Ion~ since have been abolished. counts and cut down the credit of solvent merchants in order to use aLl their resources to protect their brokers' collateral. It will be THRED BILLIO~S OF MONEY. recalled that interest rates ran up to 200 per cent one afternoon, Without banking facilities and credit, productive industry would be and that only the $25,000,000 cash which Ur. Morgan secured from limited to the use of real money as the method of exchange. Business the United States Treasury and dumped at once into the stock ex­ would become largely barter, because 95 per cent of the business of change prevented the immediate failure of gamblers who had bet that the country is done with checks. All the gold and silver of the world stocks would go up. would not suffice to sustain a cash basis. The total amount of money In the first three weeks of the panic the New York clearing-house in the United State , including ~old, silver, legal-tender greenbacks, banks increased their total loans over $100,000,000, yet at the same and national-bank notes, is only $ii,OOO,OOO,OOO, while the exchanges of time they actually reduced their commercial loans. the New York Clearing House alone amounted in 1906 to $103,754,­ THE AIACH~RY OF GA::IJBLIXG. §~~t~~-1, or thirty times the amount of all the money in the United The system of stock gambling in Wall street is di.trerent from that Of this money the United States Treasury holds a little over a in any European country. Here every day the broker goes through third to cover its gold and silver certificates, as u reserve against its the farce of legitimate purchase and sale. After one broker has bought legal-tender notes, for the redemption account of national-bank notes and another sold, each makes a memorandum, and the transaction is and as a cash balance. Another third is held by the banks and trust sent out through the ticker everywhere. Then each broker tabulates companies as a reserve on their deposits. That leaves less than his transactions and sends to the stock exchange clearing house a $1,000,000,000 for circulation. copy, with a check for the difference between his price and the clos­ ing price. The clea!."ing house sends out notices to the brokers, telling THIRTEE~ BILLIO~ DEPOSITS. them who is to deliver what shares of stock and to whom. The deposits of banks and trust companies other than private and The next morning every broker who is to receive stocks sends to his national banks amount to 8,000,000,000. The deposits of the 6,625 bank and gets certified checks for the sums he i to pay. Part of the national banks of the United States, as reported on December 3, amount money he had already arranged for through the system of time and in round figures to $5,000,000,000. All the money in the United call loans on stock exchange collateral. For the rest his bank allows States would not pay one-quarter o:f these deposits on demand. him to overdraw his balance, commonly o>ercertifying therefor. Then THE RESERVE SYSTEM. before 2.15 p. m. every broker who is to deliver stocks sends around the To protect the depositors and to prevent the undue inflation of credit, certificates and receives these certified checks. After 2.15 p. m., and the national banking law, of which the State banking law is substan­ before the banks close, every broker in turn deposits the certified tially a copy, provides that banks "must retain a reserve of lawful checks and the stocks which be has received in his bank to make good money." Three cities---New York, Chicago, and St. Louis-are made the overdraft the bank certified for him in the morning. central reserve cities, where banks must keep on hand in cash 25 per HOW IT IS DONE ABROAD. cent of their deposits. Banks in twenty-eight other reserve cities must Without the banks' assistance this whole system would be destroyed also keep 25 per cent reserve, but only one-half o:f this need be in and the stock gamblers in New York would have to gamble as do the cash in their vaults, the other half being allowed to be deposited in stock gamblers in London, Paris, and Frankfort, where this form of New York, Chicago, or St. Louis banks. In all other cities and towns actual delivery in speculative transactions is not gone through with. the banks must maintain a reserve of 15 per cent, of which they need Instead, there are fortnightly settlements, where the losers pay and keep on hand only two-fifths, being allowed to deposit the other three­ the winners collect their winnings. Such a thing as a London stock­ fifths in reserve banks. broker having the Bank of England or a Paris broker the Bank of 'l'his system drains the reserve money of the United States to Wall France certify his check in advance and thus furnish the funds for him street. A commercial bank, charging merchants and manufacturers to gamble with is unheard of. The European stockbrokers gamble as 6 pet· cent interest, can not afford to pay interest on deposits in com­ do the I.JOndon race-track bookmakers, who have their regular settlement petition with the Wall street banks, which can frequently get 20 to 50 day at Tattersalls. per cent on the Stock Exchange for the use of their deposits. Thus On the London Stock Exchange settlements are made twice a month. these reserve moneys gravitate to the banks which can afford to pay On the Paris Bourse settlements are made one~ or twice a month. On high interest on them. This process of drawing the surplus savings the F'rankfort Bourse there are semimonthly settlements. On t.be Berlin 1908. CONGRESS! ON AL RECORD-HOUSE. 1501

Bourse there are settlements at times fixed by the Government reguiu.-1 and the legitimate transfer of real estate is in no way interfered with tion. Jf the parties desire to continue the gamble, a charge is made for thereby. It would be exactly the same per cent as the real estate an extension, but either party can quit the game and cash in at ny mortgage tax, which has facilitated loaning upon real estate and added time, ju t as in any other gambling house. to the marketability of real estate mortgages. On the Continent these n;tatters are regulated by the Government so How much more important is it that Governor Hughes should rid that general industry will no more be interfered with by stock gambling legitimate business of the dominating evil of Wall street gam!Jling than by gambling at cards or dice. The Prussian Government forbids than that mere race-track betting be suppressed. the short selling of industrial stocks on the Berlin Bourse. Transac-. tions on margins are forbidden, except in certain cases between reg­ 1\Ir. HINSHAW. 1\Ir. Chairman, I move that the committee istered parties. Unless a man registers his name as a stock gambler do now rise. he can refuse to pay his losses. Transactions in futures on agricultural products are prohibited. In Paris, bourse agents are not allowed to The motion was agreed to. opemte on their own account. There is a tax on every order to buy The committee accordingly rose; and the Speaker having re­ or sell and on every completed transaction. The l!...,rench system is sumed the chair, .l\Ir. PERKINS, chairman of the COmmittee of analogous to the taxin~ licensing, and regulation of ordinary gambling houses by the French uovernme:nt. the Whole House on the state of the Union, reported that that ':('he forms which the New York Stock Exchange go through to evade committee had had under consideration the bill (H. R. 15219) the New York gambling law are in vogue nowhere else. making appropriations for the current and conting~nt expenses GOVER"":llE~T REGULATIO"'. of the Indian Departp:lent, for fulfilling treaty stipulations with The French and German Governments treat stock gambling some­ various Indian tribes, and for other purposes, for the fiscal year what as race-track gambling is now treated in New York State, where it is permitted in race-track inclosures and forbidden elsewhere. But ending June 30, 1909, and had come to no resolution thereon. these continental governments go further: They even decide in what SENATE BILLS AND RESOLUTIONS REFERRED. stocks and bonds they will allow gamblin~ . During the Japanese-Russian wa1· the b"'rench Government instructed Under clause 2, Rule XXIV, Senate bills and resolution of the the Parisian brokers that no one might sell or offer for sale Russian following titles were taken from the Speaker's table and re­ bonds without giving their serial number. This prevented short selling. In Germany similar measures have been taken. ferred to their appropriate committees, as indicated below: On both the Paris and London exchanges the brokers who do the S. 4380. An act for the construction of a steam -vessel for the buying and selling on the floor are distinct from the brokers who do Revenue-Cutter Service for anchorage duty at the port of New business with the customers. The fioor brokers do business only fl)r other brokers, just as an English barrister-that is, the lawyer who York-to the Committee on Interstate and Foreign Commerce. tries the case in court-is not retained by the client, who deals with an S. 40D8. An act for the construction of a steam -vessel for the office lawyer called the solicitor. Revenue-Cutter Service for duty on the coast of Oregon-to the As a result of this separation of stock gambling from the banking tusiness· of the country the great dl·op in Russian bonds, hundreds of Committee on Interstate and Foreign Commerce. millions of dollars of which are owned in France, caused hardly a rip­ S. 533. An act for the relief of A. A. Noon-to the Committee ple on the surface of French trade and mariufactnre. The great fn!l on Claims. ln the market prices of South African gold and diamond mine -studrs at tne time or tne J:Soer war dtd not shut otr discounts and banking facUl­ Senate concurrent resolution 28. ties to English manufacturers, forwarders, and merchants. Resolved by the Senate (the House of Representatives concurring), What other countries have done in segregating: and restricting stock That there be printed 2,500 copies of Senate Document No. 189, Fifty­ gambling the United States also must do, remembering always that eighth Congress, third session, being the report of the Public Lands Wall street also performs a legitimate function in providing capital Commission, with appendix ; 1,500 copies for the use of the Public Lands for great enterpriSes and in affording a market for the actual sale of Commission, 500 for the use of the Senate, and 500 copies for the use securities. of the House of Representatives- OVEllCERTIFICATIO"'. to the Committee on Printing. The overcertification of checks is already a crime under the national banking law. Section 176 specifically prohibits the certification of any SA.J.""i CLEMENTE ISLAND, Olfi.IFORNIA. check "unless the person or company drawing the check has on deposit By unanimous consent, the Committee on the Public Lands !~J~t t:r~i~~~h~h8~~h i~h~~~~~!ied the amount of money equal to the was discharged from the further consideration of the bill (H. R. This, of course, prohibits certifying a check before 2.15 p. m. on the 13009) authodzing the Secretary of Commerce and Labor to etr.mgth of deposits after 2.15 p. m. Its violation, however, is difficult lo prove, and its evasion is easy by a broker putting in dummy notes at lease San Clemente Island, California, and for other purposes, the time of certification. and the same was referred to the Committee on Interstate and STOCK-TRANSFER TAX. Foreign Commerce. One way to diminish stock-gambling is to increase the tax upon it. LORON W. JfORBEST. Last year one-quarter of the revenue of this State was derived from the lli. KIPP, $2 tax on every transfer of 100 shares of stock. The enormous amount By unanimous consent, at the request of leave was of these stock-gambling transactions is shown by the fact that, in spite obtained to withdraw from the files of the House, without leav­ of *ross evasions of payment, over $6.000,000 was collected, equivalent ing copies, the papers in the case of Loron W. Forrest, Fifty­ to 1;.,000,000 sales of 100-share lots. The ordinary broker's commission is one-eighth of 1 per cent on the par value, or $12.50 on 100 $100 ninth Congress, no adverse report having been made thereon. shares. A tax of one-sixth of the broker's fee has had no appreciable ADJOURNMENT. effect to diminish the amount of stock gambling. Through the clearing­ house system the floor traders escape this tax on many of their gambles 1\Ir. HINSHAW. Mr. Speaker, I move that the House do by clearing stock and not delivering it. n0w adjourn. This tax could be greatly increased. A tax of one-half of 1 per cent on all gambling transactions in stocks, grain, and cotton would pay all The motion was agreed to. the State taxes, all the taxes of New York City, and all the taxes of Accordingly (at 4 o'clock and 55 minutes p. m.) the House every county, city, and town in the State. adjourned. ABOLISH STOCK GA.J.\IBLING. To segregate stock gambling as is done in Europe and to make both unprofitable and illegal the use of other people's money by Wall street EXECUTIVE COUMUNICATIONS, ETC. gamblers without the consent of the real owner, three short, simple changes in the State and national banking laws would suffice. Under clause 2 of Rule XXIV, the following executive com­ b"'irst-Require every bank to keep its legal reserve in the form of munications were taken from the Speaker's table and referred legal-tender money in its own vaults, instead of as bank credits in Wall street. This would retain in the banks of the manufacturing and as follows: agricultural sections of the country the real money necessary for A letter fTom the president of the East Washington Heights wa~es and for moving the crops. Traction Railroad Company, transmitting the report of the Second-Prohibit the payment of interest on demand deposits. A demand deposit is the correlative to a call loan, which is a Wall street company for the year ended December 31, 1907-to the Commit­ gambling device. Commercial banks can not afford to pay interest on tee on the District of Columbia and ordered to be printed. demand deposits. The stock-exchange banks can and do. By pro­ A letter from the Secretary of the Treasury, recommending hibiting any bank from paying interest except on time deposits the Wall street banks will be made unable to divert accounts which properly legislation relating to the administration of the revenue law belong to commercial banks. applying to dealers in oleomargarine-to the Committee on 'l'hird-Diviue all check-account banks into two classes-commercial Ways and :Means and ordered to be printed. and finance; that is, banks of discount and deposit. which make loans ouly for the facilitation of ·trade, commerce, and manufacture, and A letter from the Secretary of the Treasury, transmitting a finance banks, which loan for speculative purposes on promotions, copy of a letter from the Secretary of War submitting an esti­ syndicate allotments, stock-exchange collateral and the like. Then re­ strict every bank so that it may not do both kinds of business, and mate of appropriation for medical equipment-to the Committee compel trust companies to be trust companies and not banks. This on Military Affairs and ordered to be printed. distinction bas been long recognized in England, France, and Germany. A letter from the Secretary of the Interior, transmitting draft This remedy is national. These amendments to the banking laws would cut orr the main source of supply by which the Wall street of proposed legislation for the abolition of the 1and office at gamblers are enabled to risk other people's money. Des Moines, Iowa-to the Committee on the Public Lands and But it is imperative to consider whether this gambling can not be ordered to be printed. entirely stopped. Certainly the State of New York can 11reatly restrict it by its power of taxation, which is the power to prohib1t. The stock­ A letter from the Commissioner of Patents, transmitting the transfer tax should be greatly increased. Like the excise tax, the report of his office for the calendar year 1907-to the Committee receipts should be divided between the city and the State. on Patents and ordered to be printed. A tax of one-half of 1 per cent on all the transactions appearing on. the clearing house sheets of the respective exchanges would be a A letter from the president of the Washington Gas Light Com­ trifling imposition on legitimate purchases and sales, and yet would pany, transmitting a detailed statement of the business of the raise on the basis of last year's transactions an amount more than company and list of its stockholders f01~ the year ended De­ sufficient to pay all the expenses of the city of New York and of the State government and of rebuilding the Erie CanaL cember 31, 1907-to the Committee on the District of Columbia Such a tax would be less than the real estate broker's ordinary fee, and ordered to be printed. 1502 'OO~GRESSION AL RECORD- HOUSE. . FEBRUARY 3,

A letter from the secretary and general manager of the with amendments, accompanied by a report (No. 555), which Georgetown Gaslight Company, transmitting a detailed state­ said bill and report were referred to the Private Calendar. ment of the business, with a list of the stockholders of the com­ Mr. BOYD, from the Committee on Invalid Pensions, to which pany, for the year ended December 31, 1907-to the Committee was referred the bill of the House (H. R. 10G2) granting an in­ on the District of Columbia and ordered to be printed. crease of pension to Charles C. Weaver, reported the same with­ out amendment, accompanied by a report (No. 556), which said bill and report were referred to the Private Calendar. REPORTS OF COMMITTEES ON PUBLIC BILLS .AND Mr. FULLER, from the Committee on Invalid Pensions, to RESOLTJTIONS. which was referred the bill of the House (II. R. 14314) granting 1Jnder cln.use 2 of Rnle XIII, an increase of pension to Randolph Snell, reported the same Mr. TOWNSEND, from the Committee on Interstate and with amendment, accompanied by a report (No. 557), which Foreign Commerce, to which was referred the bill of the House said bill and report were referred to the Private Calendar. (H. R. 15447) to provide for the investigation of controversies Mr. CHAPMAN, from the Committee on Invalid Pensions, to affecting interstate commerce, and for other purposes, reported which was referred the bill of the House (H. R. 14427) grant­ the same without amendment, accompanied by a · report (No. ing an increase of pension to Calvin Morehead, reported the 621), which said bill and report were referred to the Com­ same with 'amendments, accompanied by a report (No. 51J8), mittee of the Whole House on the state of the Union. which said bill and report were referred to the Private Calen­ dar. Mr. DIXON, from the Committee on Invalid Pensions, to REPORTS OF COlll\IITTEES ON PRIV.ATE BILLS AND which was referred the bill of the House (H. R. 13!)51) granting RESOLUTIONS. an increase of pension to William Herbert, reported the same Under clause 2 of Rule XIII, private bills and resolutions with amendments, accompanied by a report (No. 559), which of the fsllowing titles were severally reported from comrriit­ said bill and report were referred to the Private Calendar. tees, delivered to the Clerk, and referred to the Committee of He also, from the same committee, to which wa referred the the Whole House, as follows : bill of the House (H. R. 13355) granting an increase of pension 1Ur, FULLER, from the Committee on Invalid Pensions, to to Samuel .A. Slemmons, reported the same with amendments, which was referred the bill of the House (H. R. 10442) granting accompanied by a report (No. 560), which said bill and report an increase of pension to John SuUivan, reported the same with were referred to the Private Calendar. amendment, accompanied by a report (No. 544), which said Mr. .ANSBERRY, from the Committee on Invalid Pensions, fo bill and report were referred to the Private Calendar. which was referred the bill of the House (H. R. 13137) granting l\Ir. BOYD, from the Committee on Invalid Pensions, to which an increase of pension to Thomas J. Shaffner, reported the was referred the bill of the House (H. R. 9811) granting an same with amendments, accompanied by a report (No. 561), increase of pension to Daniel H . Sumner, reported the. same which said bill and report were referred to the Private Cal­ with amendment, accompanied by a report (No. 545), which endar. said bill and report were referred to the Private Calendar. Mr. EDW.ARDS of Kentucky, from the Committee on Invalid :Mr. SULL01VAY, from the Committee on Invalid Pensions, Pensions, to which was referred the bill of the Hou e (H. R. to which was referred the bill of the House (H. R. 3350) grant­ 13065) granting an increase of pension to John E. Lapeley, re­ ing an increase of pension to Edward l\1. Lee, reported the same ported the same with amendments, accompanied by a report (No. with amendments, accompanied by a report (No. 546), which 562), which said bill and report were referred to the Private said bill and report were referred to the Private Calendar. Calendar. . 1\Ir. EDW.ARDS of Kentucky, from the Committee on Invalid l\Ir. BRADLEY, from the Committee on Invalid Pensions, to Pensions, to which was referred the bill of the House (H. R. which was referred the bill of the House (H. R. 12811) grant­ 8745) granting an increase of pension to Cornelius W. Smith, ing an increase of pension to John Riley, reported the same reported the same with amendments, accompanied by a report with amendment, accompanied by a report (No. 5G3), which (No. 547), which said bill and report were referred to the Pri: said bi1l and report were referred to the Private Calendar. vate Calendar. l\Ir. WEISSE, from the Committee on Invalid Pensions, to l\Ir. FULLER, from the Committee on Invalid Pension, to which was referred the bill of the House (H. R. 11937) grant­ which was referred the bill of the House (H. R. 8053) grant­ ing an increase of pension to William .A. Couch, reported the ing an increase of pension to Samuel Cozine, reported the same same with amendment, accompanied by a report (No. 5G4), without amendment, accompanied by a report (No. 548), which which said bill and report were referred to the Private Cal­ said bill and report were referred to the Private Calendar. endar. l\Ir. SULLOW.AY, from the Committee on Invalid Pensions, He also, from the same committee, to which was referred the to which was referred the bill of the House (H. R. 7879) grant­ bill of the House (H. R. 11911) granting an increase of pension ing an increase of pension to Hiram Still, reported the same to Samuel Beckley, reported the same without amendment, ac­ mthout amendment, accompanied by a report (No. 549), which companied by a report (No. 565), which said bill and report said bill and report were referred to the Private Calendar. were referred to the Private Calendar. l\Ir. BRADLEY, from the Committee on Invalid Pensions, to Mr. A.i,SBERRY, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 7223) grant­ which was referred the bill of the House (II. R. 112 G) granting ing an increase of pension tp Jeremia~ Keefe, reported the same a pension to John H. Stephens, reported the same with amend­ without amendment, accompanied by a report (No. 550), which ments, accompanied by a report (No. 566), which said bill and said bill and report were referred to the Private Calendar. report were referred to the PriYate Calendar. 1\Ir. DIXON, from the Committee on Invalid Pensions, to Mr. DIXON, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 6736), grant­ which was referred the bill of the House (H. R. 11120) grunt­ ing an increase of pension to Rosenia Writer, reported the ing an increase of pension to John T. Hogg, reported the same same without amendment, accompanied by a report (No. 551), with amendments, accompanied by a report (N_o. 567), which which said bill and report were referred to the Private Cal­ said bill and report were referred to the Private Calendar. endar. l\Ir. CII.ANEY, from the Committee on Inntlid Pensions, to . l\Ir. .ANSBERRY, from the Committee on Invalid Pensions, which was referred the bill of the House (H. n.. 11055) grant­ ·to which was referred the bill of the House (H. R. 5636), grant­ ing an increase of pension to Joseph Price, reported the ~arne ing an increase of pension to Davis E. James, reported the same with amendment, accomp::mied by a report (No. 568), ,.,-hich without amendment, accompanied by a report (No. 552), which said bill and report were referred to the Private Calendar. said bill and report were referred to the Private Calendar. 1\Ir. SULLOW.AY, from the Committee on Invalid Pen ions, IIe also, from the same committee, to which was referred the to which was referred the bill of the House (H. R. 10!)4!)) bill of the House (H. R. 2354), granting an increase of pension grunting an increase of pension to Leonard C. Hill, reported the same with 1\Ir. BOYD, from the Committee on Invalid Pensions, to which amendments, accompanied by a report (No. 572), which said was referred the bill of the House (H. R. 12936) granting an in­ bill and report -were referred to the Pri"rate Calendar. crease of pension to Cynthia Benson, reported the same with :Mr. CHANEY, from the Committee on Invalid Pensions, to amendments, accompanied by a report (No. 588), which said which was referred the bill of the House (H. U. 3339) granting bill and report were referred to the Private Calendar. an increase of pension to James M. Neal, reported the same with 1\Ir. ANSBERRY, from the Committee on Invalid Pensions, amendment, accompanied by a report (No. 573), which said bill to whfch was referred the bill of the House (H. R. 15305) and report were referred to the Pri-rate Calendar. granting an increase of pension to Edward B. Wright, reported Mr. DL~ON, from the Committee on In-ralid Pensions, to the same with amendments, accompanied by a report (No. 589), which was referred the bill of the House (H. R. 2846) granting which said bill and report were referred to the Private Calen­ an increase of pension to Linsay C. Jones, reported the same dar. with amendment, accompanied by a report (No. 574), which Mr. BRADLEY, from the Committee on Invalid Pensions, to said bill and report were referred to the Private Calendar. which was referred the bill of the House (H. R. 14621) granting Mr. ANSBERRY, from the Committee on Invalid Pensions, to an increase of pension to Thomas A. Sorrell, reported the same which was referred the bill of the House (H. R. 563!)) granting with amendments, accompanied by a report (No. 590), which an increase of pension to George S. Bennett, reported the same said bill and report were referred to the Private Calendar. with amendment, accompanied by a report (No. 575), which said 1\Ir. FULLER, from the Committee on Invalid Pensions, to bill and report were referred to the Private Calendar. which was referred the bill of the House (H. R. 15380) grant­ 1\Ir. SULLOWAY, from the Committee on Invalid Pensions, to ing an increase of pension to Cleanthus Burnett, reported the which was referred the bill of the House (H. R. 4539) granting same with amendment, accompanied by a report (No. 591), an increase of pension to John W. Pressley, reported the same which said bill and repor't were referred to the Private Cal­ with amendment, accompanied by a report (No. 576), which endar. said bill and report were referred to the Private Calendar. 1\Ir. BOYD, from the Committee on Invalid Pensions, to ·which He also, from the same committee, to which was referred the was referred the bill of the House (H. R. 4265) granting a pen­ bill of the House (H. R. 4538) granting an increase of pension sion to John W. Hudson, reported the same without amendment, to Charles F. Read, reported the same with amendment, accom­ accompanied by a report (No. 592), which said bill and report panied by a report (No. 577), which said bill and report were re­ were referred to the Private Calendar. ferred to the Private Calendar. 1\Ir. WEISSE, from the Committee on Invalid Pensions, to Mr. EDWARDS of Kentucky, f--rom the Committee on In­ which was referred the bill of the House (H. R. 4355) granting valid Pensions, to which was referred the bill of the House a pension to John M. Hoisington, reported the same with H. R. 4094) granting a pension to John B. Southworth, reported amendments, accompanied by a report (No. 593.), which said the same with amendments, accompanied by a report (No. 578), bill and report were referred to the Private Calendar. which said bill and report were referred to the Private Cal­ 1\Ir. EDWARDS of Kentucky, fi·om the Committee on In-ralid Pensions, to which was referred the bill of the House (H. R. endar. He also, from the same committee, to which was referred _the 4934) granting an increase of pension to Hiram Woods, reported bill of the House (H. R. 14632) granting an increase of pen­ the same with amendments, accompanied by a report (No. 594), sion to Mary Ten Eick, reported the same with amendments, which said bill and report were referred to the Private Calen­ accompanied by a report (No. 579), which said bill and report dar. were referred to the Private Calendar. .Mr. HACKETT, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 10692) grant­ Mr. HACKETT, from the Committee on Invalid Pensions, to ing an increase of pension to David H. House, reported the same which was referred the bill of the House (H. R. 14570) grant­ with amendments, accompanied by a report (No. 595), which ing a pension to George W. Eggleston, reported the same with said bill and report were referred to the Private Calendar. amendments, accompanied by a report (No. 580), which said Mr. CHA.l\TEY, from the Committee on Invalid Pensions, to bill and report were referred to the Private Calendar. which was referred the bill of the House (H. R. 13152) grant­ · Mr. CHANEY, from the Committee on Invalid Pensions, to ing an increase of pension to John H. Sain, reported the same which was referred the bill of the House (H. R. 14477) grant­ with amendments, accompanied by a report (No. 596), which ing an increase of pension to 'Edward Carr, reported the same said bill and report were referred to the Private Calendar. with amendments, accompanied by a report (No. 581), which Mr. EDWARDS of Kentucky, from the Committee on Invalid mid bill and report were referred to the Priv'ate Calendar. Pensions, to which was referred the bill of the House (H. R. 1\fr. DIXON, from the Committee on Inv:ilid Pensions, to 13~62), granting an increase of pension to John D. Wells, re­ which was referred the bill of the House (H. R. 14453) grant­ ported the same with amendment, accompanied by a report (No. ing an increase of pension to Henry H. Taylor, reported the 597), which said bill and report were referred to the Private same with amendment, accompanied by a report (No. 582), Calendar. which said bill and report were referred to the Private Calen­ 1\fr. CHA.l\TEY, from the Committee on Invalid Pensions, to dar. which was referred the bill of the House (H. R. 14716) grant­ He also, from the same committee, to which was referred the ing an increase of pension to Henry M. Waters, reported the bill of the House (H. R. 14807) granting an increase of pen­ same with amendments, accompanied by a report (No. 598), sion to Cornelius D . .McCombs, reported the same with amend­ which said bill and report were referred to the Pri--o;-ate Calen­ ments, accompanied by a report (No. 583), which said bill and dar. reiJort were referred to the Private Calendar. 1\Ir. FULLER, from the Committee on Invalid Pensions, to Mr. CHAPl\IAN, from the Committee on Im·-alid Pensions, to which was referred the bill of the House (H. R. 2175) granting which was referred the bill of the House (H. R. 1482D) grant­ an increase of pension to l\littie l\litchell Choate, reported the ing an increase of pension to ~drew J. Black, reported the same with amendments, accompanied by a report (No. 599), same with amendment, accompanied by a report (No. 584), which said bill and report were referred to the Private which said bill and report were referred to the Private Calen­ Calendar. dar. He also, from the same committee, to which was referred the 1\Ir. BRADLEY, from the Committee on Invalid Pensions, to bill of the House (H. . R. 5868) granting a pension to Jane which was referred the bill of the House (H. R. 14869) grant­ Dorsey, reported the same with amendment, accompanied by a ing an increase of pension to Carlos L. Buzzell, reported the report (No. 600), which said bill and report were referred to same without amendment, accompanied by a report (No. 585), the Private Calendar. which said bill and report were referred to the Private Calen­ Mr. WEISSE, from the Committee on Invalid Pensions, to dar. which was rHerred the l:filrof the House (H. R. 7288) granting 1\Ir. EDWARDS of Kentucky, from the Committee on Invalid an increase of pension to John J. Banks, reported the same with Pensions, to which was referred the bill of the House (H. R. amendment, accompanied by a report (No. 601), which said bill 14916) granting an increase of pension to James Tenbrook, re­ and report were referred to the Private Calendar. ported the same without amendment, accompanied by a report Mr. BRADLEY, from the Committee on Invalid Pensions, to (No. 586), which said bill and report were referred to the which was referred the bill of the House. (H. R. 7325) granting Private Calendar. · an increase of pension to Joseph Chisam, reported the same rl504 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3,

with amendment, accompanied by a report (No. 602), which CHANGE .OF REFERENCE. sahl bill and report were referred to the Prtmte Calendar. Under clause 2. of Rule XXII, committees were discharged Mr. OHA1TEY, from the Committee on Invalid Pensions, to from the consideration of bills of the following titles, which which was referred the bill of the House (H. R. 7431) granting were thereupon referred as follows: a p n ion to Florence K. Patterson, reported the same with A bill (H. R . 1815) for the relief of the estate of D. S. amendments, accompanied by a report (No. 603), which said bill Phelan-Committee. on War Claims discharged, and referred and report were referred to the Private Calendar. to the Committee on Claim . ~Ir. EDWAllDS of Kentucky, from the Committee on Invalid A bill (II. R. 1374.6)" granting a pension to :Martin Bolster­ Pen ·ions, to which was referred the bill of the House (H. R. Committee on Invalid Pensions discharged, and referr d to the 7432) granting a pension to Worthington Fringer, reported the Committee on Pensions. same with amendments, accompanied by a report (No. 604), which said bill and report were referred to the Private Calendar. Mr. WEISSE, from the Committee on Im·alid Pensions, to PUBLIC BILLS, RESOLUTIONS. AND !\fEi\IOitiALS. which was referred the bill of the House (H. R. 743D) granting Under clause 3 of Rule XXII, bills, resolutions, and memori­ an increase of pension to Joshua Gill, reported the same with als of the following titles were introduced and severally referred amendment, accompanied by a report (No. 605), which said bill as follows : and report were referred to the Private Calendar. By Mr. JEh~KINS: 'A bill (H. R. 16050) to authorize the Mr. DIXON, from the Committee on Invalid Pensions, to Interstate Transfer Railway Company to construct a bridge which was referred the bill of the House (H. R. 7790) granting aero s the St. Louis River between the States of Wisconsin and. an increase of pension to Milo L. Pierce, reported the same with Minnesota-to the Committee on Interstate and Foreign Com­ amendment, accompanied by a report (No. 606), which said bill merce. and report were referred to the Private Calendar. By Mr. UNDERWOOD: A bill (H. R. 1G051) to authorize the He also, from the same committee, to which ·was referred the Centerville Power Company, a corporation organized under the bill of the House (H. R. 7702) granting a pension to Susan A. law of the State of Alabama, to construct a dam across the Jackson, reported the same with amendments, accompanied by a Cahaba River in said State at or near Centerville, Ala.-to the report (No. 607), which said bill and report were referred to Committee on Interstate and Foreign Commerce. the Private Calendar. By Mr. LILLEY: A bill (H. R. 16052) to amend an act 1\Ir. FULLER, from the Committee on Invalid Pensions, to granting pensions to soldiers and sa'ilors who are incapacitated which was referred the bill of the House (H. R. 7893) granting for the performance of manual labor, and providing for pensions an increase of pension to Sarah J. Toncray, reported the same to widows, minor children, and dependent parents-to the Com­ with amendments, accompanied by a report (No. 603), which mittee on Pensions. said bill and report were referred to the Private Calendar. . By Mr. HINSHAW (by request) : A bill (H. U. 16053) grant­ Mr. EDWARDS of Kentucky, from the Committee on Invalid ing certain pensions to blind children of civil-war soldiers-to Pensions, to which was referred the bill of the House (H. R. the Committee on In·mlid Pensions. 84 9) granting a pension to Adelaide Holland, reported the same By 1\Ir. RUSSELL of Missouri: A bill (H. R. 16054) appro­ with amendments, accompanied by a report (No. 609), which priating the receipts from the sale and dispo al of public lands said bill and report were referred to the Private Calendar. in certain States to the construction of works for the drainage Mr. BRADLEY, from the Committee on Invalid Pensions, to or reclamation of swamp and overflowed lands belonging to which was referred the bill of the House (H. R. 8640) granting the United States, and for other purposes-to the Committee an increase of pension to Barbara. Haase, reported the ~arne on the Public Lands. with amendment, accompanied by a report (No. 610), which By ..,Ir. Si\IiTH of Michigan: A bill (H. R. 16055) regulating said bill and report were referred to the Private Calendar. certain licenses in the District of Columbia, and for other pur­ Mr. EDW.A.RDS of Kentucky, from the Committee on Invalid poses-to the Committee on the District of Columbia. Pen ions. to which was referred the bill of the House (II. R. AI o, a bill (II. R. 16056) to amend section 10 of an act ap­ •13 7) gr:a.Iiting an increase of pension to Margaret Orst, re­ proved August 14, 18!)4, entitled "An act to pro~dde an immedi­ ported the same with amendments, accompanied by a. report ate revision and equalization of real-estate values in the Dis­ ( ~o. 611), which said bill and report were referred to the trict of Columbia; also to proYide an assessment of ren1 estate Private Calendar. in said Dish·ict in the year 1896 and every third year thereafter, 1\Ir. ANSBERRY, from the Committee on Invalid Pensions, and for other purposes "-to the Committee on the District of to which was referred the bill of the House (H. R. 4072) grant­ Columbia. ing a pension to Henry B. Keffer, reported the same with By ~Ir. STEENERSON: A bill (H. R. 16057) appropriating amendments, accompanied by a report (No. 612), which said the rec ipts from the sale and di posal of public lands in cer­ bill and report were referred to the Private Calendar. tain States to the construction of works for the drainage or Mr. BRADLEY, from the Committee on Invalid Pensions, to reclamation of swamp and overflowed lands belonging to the which was referred the bill of the House (H. R. 8644) granting United States, and for other purposes-to the Committee on an increase of pension to Ida W. Maples, reported the same the Public Land . with amendment, accompanied by a report (No. 613), which By Mr. STEPHENS of Texas: A bill (H. n. 1G058) to au­ said bill and report were referred to the Private Calendar. thorize the President to appoint a commissioner to settle the 1\Ir. 'VEISSE, from the Committee on Invalid Pensions, to boundary lines between the Territory of New 1\Ie:x:ico and the State of Oklahoma and the State of Texas in conjunction with which was referred the bill of the House (H. R. 8 29) granting a commissioner appointed by the State of Texas, and for other an increase of pension to 1\Iilton Frame, reported the same with purposes-to the Committee on the Judiciary. 614), amendment, accompanied by a report (No. which said Also, a bill (H. R. 16059) to provide for the sale of the rem­ bill and report were referred to the Private Calendar. nant of certain Indian pasture and wood reserve lands in Okla­ Mr. BOYD, from the Committee on Invalid Pensions, to homa and to extend the time of payment on certain homestead which was referred the bill of the House (H. R. 9768) granting entries upon said land heretofore sold, and for other purposes­ an increase of pension to Martha A. Atkinson, reported the to the Committee on Indian A1Iairs. same with amendment, accompanied by a report- (No. 615), By 1\Ir. THOMAS of North Carolina : A bill (H. R. 10000) which said bill and report were referred to the Private Cal- appropriating the receipts from the sale and disposal of public endar. · lands in certain States to the coush·uction of works for the Mr. FULT1ER, from the Committee on Invalid Pensions, to drainage or .reclamation of swamp and overflowed lands be­ which wnA referred the bill of the House (H. R. 9813) granting longing to the United States, and for other purposes-to the an increase of pension to Henry L. Williams, reported the same Committee on the Public Lands. with amendment, accompanied by a report (No. 616), which By Mr. SA.BATH : A bill (H. R. 10061) to provide compensa­ said bill and report were referred to the Private Calendar. tion for employees solely engaged in interstate commerce to He also, from .the same committee, to which was referred the which the regulative power of Congress extends under the Con­ bill of the Hou e (H. R. 10040) granting an increase of pension stitution of the United States, and to create a commission of to Milton Williams, reported the sa;ne with amendment, ac­ injury awards, and granting powers to said commission-to the companied by a report (No. 617), which said bill and .report Committee ou the Judiciary. were referred to the Private Calendar. By Mr. SMITH of M:ichigan: A bill (H. R . 16062) to amend 1\fr. SDIS, from the Committee on War Claims, to which was an act entitled "An act to establish a Code of Law for the · referred the _bill of the House (H. R. 12484) for the relief of District of Columbia," approved March 3, 1901, and certai the Citizens' Bank of Louisiana, reported the same without .other laws and regulations in so far as they relate to the regis­ amendment, accompanied by a report (No. 620), which said bill h·ation of deaths and the disposal of dead bodies, and for and report were referred to the Private Calendar. other purposes-to the Committee on the District of Columbia. - ----~

1908. CONGRESSIONAL RECORD-HOUSE. 1}505'

Also, a bill (H. R. 16063) to regulate the employment of child tax law of August 28, 1894-to the Committee on Ways and labor in the District of Columbia-to the Committee on the Dis­ Means. trict of Columbia. By Mr. TAWNEY: A bill (H. R. 16085) to levy a tax upon Also, a bill (H. R. 16064) to amend an act approved July 1, the issuance of coupons, prize tickets, and other devices, and on 1902, entitled "An act to amend an act entitled 'An act in rela­ the redemption, payment, purchase, or exchange of coupons, tion to taxes and tax sales in the District of Columbia,' ap­ prize tickets, tags, bands, or other articles, things, or parts of proved February 28, 1898 "-to the Committee on the DiStrict of articles or things that shall have been attached tq, packed in or Columbia. with or formed a part of or encircling or given with any manu­ Also, a bill (H. R. 16065) to am.end an act entitled "An act factured tobacc<;>, c~gar or cigars, cigarette or cigarettes, or making appropriations to provide for the expenses of the gov­ snuff, or any stamped package or receptacle thereof-to the ernment of the District of Columbia for the fiscal year ending Committee on Ways and Means. June 30, 1903, and for other purposes," approved July 1, 1902- By Mr. ALEXANDER of New York: A bill (H. R. 16086)" to the Committee on the District of Columbia. amending an act entitled "An act for the control and regulation Also, a bill (H. R. 16066) providing for the payment of an of the waters of Niagara River for the preservation of Niagara annual license tax by dealers in an forms of manufactured to­ Falls, and for other purposes," approved June 29, 1906-to the bacco in the District of Columbia-to the Committee on the Dis­ Committee on Rivers and Harbors. trict of Columbia. By Mr. STURGISS: A bill (H. R. 16087) authorizing certain Also, a bill (H. R. 16067) to amend section 491n of the Code extensions to be made in the lines of the Capital Railway Com­ of Law for the District of Columbia-to the Committee on the pany in the District of Columbia, and for other purposes-to District of Columbia. the Committee on the District of Columbia. Also, a bill (H. R. 16068) to regulate the production and sale By Mr. SULLO\VAY: A bill (H. R. 16088) to increase the of milk, cream, ice cream, and butter, and of cottage cheese, and salaries of certain officials and employees in the Pension Bu­ similar milk products in and for the District of Columbia-to reau, Department of the Interior-to the Committee on Appro- the Committee on the District of Columbia. priations. ! By Mr. PAY1\TE: A bill (H. R. 16069) to amend an act en­ By Mr. MACON: A bill (H. R. 16089) appropriating the re­ titled "An act to simplify the laws in relation to the collection ceipts from the sale and disposal of public lands in certain of the revenues," approved June 10, 1890, as amended by the States to the construction of works for the drainage or reclama­ · act entitled "An act to provide revenue for the Government and tion of swamp and overflowed lands belonging to the United to encourage the industries of the United States," approved States, and for other purposes-to the Committee on the Public July 24, 1897-to the Committee on ·Ways and Means. Lands. By Mr. S:~HTH of Missouri: A bill (H. R. 16070) relating By Mr. KINKAID: A bill (H. R. 16090) relating to jurisdic­ to conspiracies in cases that now or hereafter may arise within tion on appeals in the· court of appeals of the District of Colum~ the jurisdiction of the laws of the courts of the United States­ bia in cases relating to public and Indian lands, and for other to the Committee on the Judiciary. purposes-to the Committee on the Public Lands. By Mr. WILLIAMS: A bill (H. R. 16071) to distribute the By Mr. HASKINS (by request) : A bill (H. R. 16091) to reg­ surplus in the 'l'reasury of the United States to the several ulate the appointment of pharmacists in the Public Health and States, Territories, and the District of Columbia for the sole Marine-Hospital Service of the· United States, and to fix their purpose of improving the roads therein-to the Committee on pay and allowances-to the Committee on Expenditures in the Ways and Means. Treasury Department. Also, a bill (H. R. 16072) to place crude petroleum and the By Mr. LANGLEY: A bill (H. R. 16092) to repeal the pro­ products of crude petroleum, whencesoever imported, on the visions of the act of July 7, 1884, limiting the compensation of free list-to the Committee on Ways and Means. storekeepers and gaugers in certain cases to $2 a day, and for By Mr. LITTLEFIELD: A bill (H. R. 16073) to authorize other purposes-to the Committee on Expenditures in the Treas· the town of Edgecomb, Lincoln County, Me., to maintain a ury Department. free bridge across tide waters-to the Committee on Interstate Also, a bill (H. R. 16093) to amend section 4716 of the Re­ and Foreign Commerce. vised Statutes and the joint resolution approved July 1, 1002- By Mr. HARDWICK: A bill (H. R . 16074) to confer addi­ to the Committee on Invalid Pensions. tional powers on the Interstate Commerce Commission-to the Also, a bill (H. R. 16094) for the benefit of Federal soldiers Committee on Interstate and Foreign Commerce. and State militiamen who were confined in Confederate .mili­ ·By l\Ir. CRAIG: A bill (H. R. 16075) to amend an act au­ tal'Y prisons during the war of the reb-ellion-to the Committee · thorizing the construction of dams and power stations on the on War Claims. Coosa River, at Lock Two, Ala.-to the Committee on Inter­ Also, a bill (H. R. 16095) to extend the provisions of the state and Foreign Commerce. pension laws to officers and enlisted men of State military By Mr. ANSBERRY: A bill (H. R. 16076) providing for the organizations who rendered military service to the Union dur­ purchase of a site and the erection thereon of a public building ing the war of the rebellion and to their widows, minor chil­ at Defiance, in the State· of Ohio-to the Committee on Public dren, and dependent parents-to the Committee on Invalid Pen­ Buildings and Grounds. sions. Also, a bill (H. R. 16077) ·to amend sections 1791 and' 1792 of By Mr. DRAPER: A bill (H. R. 16096) to provide for a the Revised Statutes of the United States-to the Committee on census of the standing timber in the United States-to the the Judiciary." Committee on the Census. By Mr. BONYNGE: A bill (H. R. 16078) providing for sec­ By Mr. STEENERSON: A bill (H. R. 16097) for the relief ond desert-land entries-to the Committee on the Public Lands. of homestead entrymen-to the Committee on the Public Lands. By Mr. McKINNEY: A bill (H. R. 16079) providing for the By Mr. LOUD: A bill (H. R. 16098) for the construction of restoration of the motto "In God we trust" on certain denomi­ nations of the gold and silver coins of the United States-to the a dredge for use on the western shore of Lake Huron, State of Committee on Coinage, Weights, and Measures. Michigan-to the Committee on Rivers and Harbors. By Mr. LASSITER: A bill (H. R. 16080) to increase the limit By 1\Ir. LA.l~IS: A bill (H. R. 16099) permitting the build­ of cost for the extension, remodeling, or improvement of the ing of a . dam across the White River, near the village of United States post-office and custom-house at Petersburg, Va.­ Decker, in Knox County, in the State of Indiana-to the Com­ to the Committee on Public Buildings and Grounds. mittee on Interstate and Foreign Commerce. By Mr. DAVENPORT: A bill (H. R. 16081) granting pen­ By Mr. UNDERWOOD: Joint resolution (H. J. Res. 125) to sions to the widows and minor children of United States provide for an examination of Cahaba ·River, Alabama-to the marshals and deputy marshals whose husbands and fathers Committee on Rivers and Harbors. were killed while in the discharge of their official duties-to the By Mr. CARY: Joint resolution (H. J. Res. 126) providing for Committee on Reform in the Civil Service. an investigation into alleged illegal practices and breaches of By Mr. DOUGLAS: A bill (H. R. 16082.) to create in the trust on the part of the Western Union Telegraph Company Department of Commerce and Labor a Bureau of 1\Iines-to and the Postal Telegraph a"nd Cable Company-to the Commit­ the Committee on Mines and Mining. tee on the Judiciary. By Mr. McLAUGHLIN of Michigan: A bill (H. R. 16083) to By 1\Ir. KUSTERMANN: Joint resolution (H. J. Res. 127) authorize the establishment of a light and fog-signal ship on or to make immediately available the sum of $2,500 of the appro­ near the southeast shoal off North Manitou Island, Lake ~Iichi ­ priation in rivers and harbors act of March 3, 1899, for improv ~ gan-to the Committee on Interstate and Foreign Commerce. ing Fox River, Wisconsin-to the Committee on Rivers and By Mr. HULL of Tennessee: A bill (H. R. 16084) requiring Harbors. · the assessment and collection of taxes imposed by the income- By Mr. ACHESON : Joint resolution (H. J. Res. 128/ ap- XLII-95 - - - -~ -- - -

I

' li l r II CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3,

pbinting a commission to im-estigate the recent mining disas­ ing an increase of pension to Adele Jeanette Hughes-to the ters in certain States--to the Committee on Labor. Committee on Pensions. By :\fr. BATES: Resolution (H. Res. 214) expressing sym­ By Mr. CALDWELL: A bill (H. R. 16127) to place the name of pathy with the Polanders in Prussia in their efforts to main­ Emma A. Trott upon the roll of intermarried citizens of the tain their property rights--to the Committee on Foreign Affairs. lr Cherokee tribe of Indians-to the Committee on Indian Affairs. By Mr. LEGARE: Resolution (H. Res. 215) for the increase By Mr. CAMPBELL: A bill (H. R. 16128) granting an in­ of salaries of House employees-to the Committee on Accounts. crease of pension to William II. Webb-to the Committee on lr By Mr. DllAPER: Resolution (H. Res~ 216) for additional Invalid Pensions. pay to one of the assistant clerks in the House document Also, a bill (H. R. 16~29) granting an increase of pension to I' room-to the Committee on Accounts. Ormas R. Doolittle-to the Committee on Invalid Pensions. II By Mr. DAVE)iPORT: Memorial of the legislature of Okla­ By Mr. CARLIN: A bill (H. R. 16130) granting a pension to homa concerning legislation to restore the rivers tributary to J. P. Rodier-to the Committee on Pensions. the Mississippi and the Arkansas rivers to navigable streams­ Also, a bill (H. R. 16131) granting a pension to Virginia E. li to the Committee on Rivers and Harbors. Berry-to the Committee on Invalid Pensions. Also, a bill (H. R. 16132) granting an increase of pension to PRIVATE BILLS AND RESOLUTIONS. George R. Brandon-to the Committee on Pensions. Also, a bill (H. R. 16133) granting an increase of pension to Under clause 1 of Rule XXII, private bills and resolutions Sophia C. IDllcry-to the Committee on Invalid Pensions. of the following titles were introduced and severally referred Also, a bill (H. R. 16134) for the relief of Burke & Mar­ as follows: shall-to the Committee on Claims. By Mr. ACHESON: A bill (H. R. 16100) granting an in­ Also, a bill (H. R. 16135) for the relief of Eliza Mountjoy­ crease of pension . to Charles Wright-to the Committee on to the Committee on Claims. li Invalid Pensions. Also, a bill (H. n. ~6~36) for the relief of George-Umbaugh- Also, a bill (H. R. 16101) granting an int:rease of pension to to the Committee on Claims. · Harrison Deems--to the Committee on Invalid Pensions. Also, a bill (H. R. 16137) for the relief of James S. Garri­ Also, a bill (H. R. 16102) granting an increase of pension to son-to the Committee on Claims. James A. Morgan-to the Committee on Invalid Pensions. Also, a bill (H. R. 16138) for the relief of Robert D. Embry­ Also, a bill (H. R. 16103) granting an increase of pension to to the Committee on Claims. Thomas T. illll-to the Committee on Invalid Pensions. By Mr. CHANEY: A bill (H. R. 1613!)) granting a pension Also, a bill (H. R. 16104) granting a pension to Rachel R. to 'Yilliam McOrocklin-to the Committee on Pensions. Shulcl'-to the ommittee on Invalid Pensions. Also, a bill (H. R. 16140) granting an increase of pension to By lr. ADAIR: A bill (H. R. 16105) granting an increase Samuel Dillon-to the Committee on Invalid Pensions. of pension to Jacob Swatzentrub-to the Committee on Invalid Also, a bill (H. R. 16141) granting an increase of pension ' to Pensions. Robert C. Thorlton-to tbe Committee on Invalid Pensions. Also, a bill (H. R. 16106) grunting an increase of pension to Also, a bill (H. R. 16142) granting an increase of pension to Levi Wells--to the Committee on Invalid Pensions. Jacob Adams-to the Committee on Invalid Pensions. By Mr. ALEXANDER of Missouri: A bill (H. R. 16107) By Mr. COOPER of 'Visconsin: A bill (H. R. 16143) to pro­ granting a pension to Ambrose Giseburt-to the Committee on vide for payment of the claims of the Roman Catholic Church InvitEd Pensions. in the Philippine Islands-to the Committee on Insular Affairs. Also, il bill (H. R. 16108) granting an increase of pension to By 1\Ir. CRAVENS: A bill (H. R. 16144) granting an increase Francis M. Burnett-to the Committee on Invalid Pensions. of pension to Louis Knoll-to the Committee on Invalid Pen­ By Mr. ANDREWS: A bill (H. R. 16100) granting an in­ sions. crease of pension to Philip L. Humphrey-to the Committee on By Mr. DAVENPORT: A bill (H. R. 16145) granting an in­ Invalid Pensions. crea e of pension to John Bowzer-to the Committee on In~ Also, a bill (H. R. 16110) granting an increase of pension to valid Pensions. Pascualita J. G. De Anaya-to the Committee on Invalid Pen­ Also, a bill (H. R. 16146) granting an increase of pension to sions. Nathan G. Mills-to the Committee on Invalid Pensions. Also, a bill (H. R. 16111) granting an increase of pension to Also, a bill (H. R. 16~47) granting an increase of pension to James T. Stevens-to the Committee on Invalid Pensions. G. S. White-to the Committee on Invalid Pensions. Also, a bill (H. n. 16112) granting an increase of pension ~o Also, a bill (H. n. 16148) granting an increase of pension to W. F. Blanchard-to the Committee on Invalid Pensions. William R. Hendricks--to the Committee on Invalid Pensions. By :Mr. BATES: A bill (H. R 16113) granting a pension to Also, a bill (II. R. 1614D) granting a pension to John W. Rich­ James ·Kightlinger-to the Committee on Invalid Pensions. ardson-to the Committee on Pensions. By 1\Ir. BEALE of Pennsylvania: A bill (H. R. 16114) grant­ Also, a bill (H. R. 1G150) granting a pension to J. C. Farrell­ ing a pension to Irad McElhoes-to the Committee on Invalid to the Committee on Invalid Pensions. Pensions. Also, a bill (H. ll. 16151) granting a pension to Willis J. By Mr. BENNE'T of New York: A bill (H. R. 16115) granting Gambel-to the Committee on Invalid Pensions. an increase of pension to John Cooper-to the Committee on By 1\Ir. DAWES: A bill (H. R. 16152) granting a pension to Invalid Pensions. Albert S. Lowe-to the Committee on Pensions. By Mr. BINGHAM (by request) : A bill (H. R. 16116) for By Mr. DENVER: A bill (H. R. 16153) to amend the military the relief of Parsey 0. Burrough, who survh-ed Henry S. Han­ record of Capt. Thomas 1\I. Elliott-to the Committee on 1\llli­ nis, late copartners, trading as Henry S. Hannis & Co.-to the tary Affairs. Committee on Claims. By Mr. DIXON: A bill (H. R. 16154) granting a pension to Also, a bill (H. R. 16117) granting a pension to Annie Valerie Edwin A. Cobb-to the Committee on Pensions. Stockton-to the Committee on Invalid Pensions. Also, a bill (H. R. 16155) granting an increase of pension to I: By :Mr. BONYNGE: A bill (II. R. 16118) granting an in­ James G. W. Hardy-to the Committee on Invalid Pensions. crease of pension to H. C. Doll-to the Committee on Invalid Also, a bill (H. R. 16156) granting an increase of pension to Pensions. George W. Hayes-to the Committee on Im·alid Pensions. By Mr. BRODHEAD: A bill (H. R. 16119) for the relief of Also, a bill (H. R. 16157) granting an increase of pension to Isaac Sutton-to the Committee on Military Affairs. Thomas Godfrey-to the Committee on Invalid Pensions. By Mr. BROWNLOW: A bill (H. R. 16120) granting an in­ Also, a bill (H. R . 16158) granting an increase of pension to I crease of pension to John West-to the Committee on Pensions. Isaac M. Gray-to the Committee on Invalid Pensions. Also, a bill (H. R. 16121) granting an increase of pension to Also, a bill (H. n. 16159) granting an increase of pension to Oliver T. French-to the Committee on Invalid Pensions. Charles W. Burkhart-to the Committee on InYalid Pen ions. Also a bill (H. R . 16122) granting an increase of pension to Also, a bill (H. R. 16160) granting an increase of pension to E. B. Koenig-to the Committee on Invalid Pensions. Henry Strassner-to the Committee on Invalid Pensions. · Also, a bill (H. R. 16123) to correct the military record of .Also, a bill (H. R. 16161) granting an increase of pension to James Miner-to the Committee on Invalid Pensions. William H. Lamson-to the Committee on Invulid Pensions. By 1\lr. BYRD: A bill (H. R. 16.124) for the relief of the Also, a bill (H. n. 161G2) granting an increase of pension to estate of James S. Wilson, of Neshoba County, 1\Iiss.-to the Rebecca J. Forry-to the Committee on Invalid Pensions. Committee on Wnr Claims. Also, a bill (H. R. 16~63) granting an increase of pension to R. 16125) in­ By 1\fr. BURKE: A bill (H. granting an James 1\larlett-to the Committee on Invalid Pensions. ' crease of pension to Francis Gault-to the Committee on In­ By Mr. DRISCOLL: A bill (H. R. 16164) granting an in· vallu Pensions. crease of pension to Rolando S. Fuller-to the Committee on By Mr. BURTON of Delaware: A bill (H. R. 16126) grant- Invalid Pensions. 1908. , CONGRESSIONAL RECORD- HOUSE. 1507

By Mr. ELLIS of Missouri: A bill (H. R. 16165) for the re- granting a pension to B. A. Moreland-to the Committee on lief of the Barse Live Stock Commission Company-to the Com- Pensions. mittee on Claims. Also, a bill (H. R. 16196) granting an increase of pension to By Mr. FLOYD: A bill (H. R. 16166) granting an increase Mary Fowler-to the Committee on Pensions. of pension to Wilbur F. Kellogg-to the Committee on Invalid Also, a bill (H. R. 16197) for the relief of the heirs of Sam- Pensions. uel A. Nelson-to the Committee on War Claims. Also, a bill (H. R. 16167) granting a pension to John. A. By Mr. JOHNSON of Kentucky: A bill (H. R 16198) grant- Cockrum-to the Committee on Invalid Pensions. ing an increase of pension to R. H. Dedrick-to the Committee By Mr. FOCHT: A bill (H. R. 16168) authorizing the Sec- on Invalid Pensions. retary of War to bestow a medal of honor upon Maj. J. 0. Also, a bill (H. R. 16199) to correct the military record of Skinner, surgeon United States Army, retired-to the Committee Fred Hamilton-to the Committee on Military Affairs. on Military Affairs. Also, a bill (H. R. 16200) for the relief of the trustees of By Mr. FORDNEY: A bill (H. R. 16169) granting an in- the Union Church, at Woodsonville, Ky.-to the Committee on crease of pension to Donald Swanson-to the Committee on War Claims. Invalid Pensions. Also, a bill (H. R. 16201) for the r~lief of Abner Goodman- Also, a bill (H. R. 16170) granting an increase of pension to to the Committee on War Claims. Robert Anderson-to the Committee on Invalid Pensions. Also, a bill (H. R. 16202) for the relief of Gardner Hawkins- By Mr. FORNES: A bill (H. R. 16171) for the relief of John to the Committee on War Claims. Ware--to the Committee on Military Affairs. Also, a bill (H. R. 16203) for the benefit of Harriet Mosley- By Mr. GARDNER of Michigan: A bill (H. R. 16172) grant- to the Committee on Invalid Pensions. ing a pension to Flora R. Turner-to the Committee on Invalid By Mr. KAHN: A bill (H. R. 16204) for the relief of Her- Pensions. · nard Campbell-to the Committee on Claims. Also, a bill (H. R. 16173) granting a pension to Maria Lucas- By Mr. KEIFER: A bill (H. R. 16205) granting an increase to the Committee on Invalid Pensions. of pension to John Detrick-to the Committee on In-valid Pen- Also, a bill (H. R. 16174) granting a pension to Ann T. Hoi- sions. brook-to the Committee on Invalid Pensions. By Mr. LAMAR of Florida: A bill (H. R. 16206) to relin- By Mr. GARNER: A bill (H. R. 16175) for the relief of A. quish title in certain land to Leslie E. Brooks-to the Coru- M. Gildea-to the Committee on Claims. mittee on the Public Lands. Also, a bill (H. R. 16176) for the relief of A. M. Gildea and By Mr. LANGLEY: A bill (H. R. 16207) granting an increase Mary A. Gildea, widow of James E. Gildea-to the Committee of pension to John F. Sebastian-to the Committee on Invalid on Claims. Pensions. By Mr. GILLESPIE: A bill (H. R. 16177) granting an in- Also, a bill (H. R. 16208) granting a pension to George crease of pension to Andrew J. Peters-to the Committee on Ainerine--to the Committee on Pensions. Invalid Pensions. Also, a bill (H. R. 16209) to correct the military record of By Mr. HAGGOTT: A bill (H. R. 16178) for the relief of James Webb-to the Committee on Military Affairs. Felipe de Jesus Cantee-to the Committee on War Claims. By Mr. LILLEY: A bill (H. R. 16210) granting a pension By Mr. HALE: A bill (H. R. 16179) for the relief of Wilson to Mary Spillane-:-to the Committee on Invalid Pensions. IJ. Lowery-to the Committee on Pensions. By Mr. LLOYD : A bill (H. R. 16211) granting a pension to Also, a bill (H. R. 16180) for the relief of the estate of Wil- Louis F. Koch-to the Committee on Invalid Pensions. liam F. Sharp-to the Committee on In-yalid Pensions.. By Mr. McCREARY: A bill (H. R. 16212) authorizing the Also, a bill (H. R. 16181) granting an increase of pension to appointment of Col. A. L. Varney, United States Army, re- Batzilla T. Monday-to the Committee on Invalid Pensions. tired, to the rank and grade of brigadier-general on the retired Also, a bill (H. R. 16182) to remove the charge of desertion list of the Army-to the Committee on Military Affairs. now standing against Thomas Martin-to the Committee on In- Also, a bill (H. R. 16213) authorizing the appointment of valid Pensions. Lieut. Col. 0 . W. Pollock, United States Army, retired, to the By J\1r. HAMLIN: A bill (H. R. 16183) granting an increase rank and grade of brigadier-general on the retired list of the of pension to Mahlon N. Boardman-to the Committee on In- Army-to the Committee on Military Affairs. valid Pensions. Also, a bill (H. R. 16214) authorizing the appointment of By Mr. HARDY: A bill (H. R. 16184) granting an increase Maj. Mason Carter, United States Army, retired, to the rank of pension to James Cochran Key-to the Committee on Pen- and grade of brigadier-general on the retired list of the Army- sions. to the Committee on Military Affairs. · By Mr. IDGGINS: A bill (H. R. 16185) granting an increase By l\1r. McGUIRE: A bill (H. R. 16215) granting an ~crease of pension to Eva F. Holdridge--to the Committee on Invalid of pension to Isaac s. Wyant-to the Committee on Invalid Pensions. Pensions. By Mr. HINSHAW: A bill (H. R. 16186) providing for a Also, a bill (H. R. 16216) granting an increase of pension to certain construction of the pension laws of the United States Joshua R. Winn-to the Committee on Invalid Pensions. in relation to Captain Stufft's independent company Indian Also, a bill (H. R. 16217) granting an increase of pension to Scouts, Nebraska Volunteer Cavalry-to the Committee on In- Samantha E . Merrick-to the Committee on Invalid Pensions- valid Pensions. Also, a. bill (H. R. 16218) granting an increase of pension to By l\1r. HOLLIDAY: A bill (H. R. 16187) granting an in- Mrs. Robert B. Huston-to the Committee on Invalid Pensions. crease of pension to Rufus H. Washburn-to the Committee Also, a bili (H. R. 16219) granting an increase of pension to on Invalid Pensions. · John M. Milhollen-to the Committee on Invalid Pensions. By Mr. HOWELL of New Jersey: A bill (H. R. 16188) Also, a bill (H. R. 16220) granting an increase of pension to granting an increase of pension to James H. Sickles-to the Gottlieb Schaubel-to the Committee on Invalid Pensions. Committee on Invalid Pensions. Also, a bill (H. R. 16221) granting an increase of pension to . By Mr. HOWELL of Utah: A bill (H. R. 16189) granting a Joseph Southard-to the Committee on Invalid Pensions. pension to Henry W. Elbridge--to the Committee on In-valid Also, a bill (H. R. 16222) granting an increase of pension :to Pensions. Job Ingram-to the Committee on Invalid Pensions. By Mr. HUBBARD of West Virginia: A bill (H. R. 16190) Also, a bill (H. R. 16223) granting an increase of pension to granting an increase of pension to George W. Fitzgerald-to the Daniel D. Slocum-to the Committee on Invalid Pensions. Committee on Invalid Pensions. Also, a bill (H. R. 16224) granting an increase of pension to Ry Mr. HUGHES of New Jersey: A bill (H. R. 16191) to re- Rebecca J. Rains-to the Committee on Invalid Pensions. fund certain moneys paid into the Treasury of the Unit~d Also, a bill (H. R. 16225) granting an increase of pension to States through mistake by Augustus Bannigan-to the Commit- Daniel W. Lynch-to the Committee on Invalid· Pensions. tee on Claims. Also, a bill (H. R. 16226) granting an increase of pension to By Mr. HUGHES of ·west Virginia: .A. bill (H. R. 16192) John Lanier-to the Committee on Invalid Pensions. granting an increase of pension to Eva Seeley-to the Commit- Also, a bill (H. R. 16227) granting an increase of pension tO tee on Pensions. HenryS. Cowger-to the ·committee on Invalid Pensions. By 1\Ir. OLLIE M. JAMES: A bill (H. R. 16193) granting a Also, a bill (H. R. 16228) granting an increase of pension to P.ension to Charles J. Burget-to the Com~ittee on Invalid Pen- James E. Hale--to the Oommittee on Invalid Pensions. s1ons. Also, a bill (H. R. 16229) granj:ing an increase of ~nsion to Also, a bill (H. R. 16194) granting a pension to William F. Daniel Debaun-to the Coinmittee on Invalid Pensions. Paris-to the Committee on Invalid Pensions. Also, a bill (H. R. 16230) granting an increase of pension to By Mr. JOHNSON of South Carolina: A bill (H. R. 16195) 1 Aylett R. Burnett-to the Committee on Invalid Fensions. 1:

''1508 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3,

I Also, a bill (H. R. 16231) granting an increase of pension to Also, a bill (H. R. 16266) granting an increase of pension to \ Jacob Haylett-to the Committee on Invalid Pensions. William Lamon-to the Committee on Invalid Pensions. I' Also, a bill (H. R. 16232) granting a pension to Mickel Also, a bill (H. n. 16267) granting a pension to Lydia Ann 1: Zwicky-to the Committee on Invalid Pensions. Gregory~to the Committee on Invalid Pensions. By Mr. MALEY: A bill (H. R. 16233) granting an increase of pension to Harriett Winnie-to the Committee on Invalid Pensions. PETITIONS. ETC. By l\Ir. MORSE: A bi11 (H. R. 16234) providing for the de­ Under clause 1 of Ru.le XXII, the following petitions and termination and payment of claims of certain Indian traders papers were laid on the Clerk's desk and referred as follows : and others against the Menominee tribe of Indians in Wis­ The SPEAKER: Petition of Los Angeles (Cal.) Chamber of consin and against individual members of said tribe--to the Mines, requesting the establishment of a Bureau of Mines-to Committee on Indian Affairs. the Committee on Mines and Mining. By Mr. OVERSTREET: A· bill (H. R. 16235) appropriating Also, petition of Rhineland Post, Grand .Army of the Re· money to pay the claim of Mattie E. Wheat, widow of James public, of Missouri, for placing the enrolled militia on the pen- C. Wheat, deceased, for expenses incurred as adjutant of the sion roll-to the Committee on Invalid Pensions. · Forty-ninth Indiana Volunteers, war of the rebellion-to the Also, petition of Robert D. Kinney, of Philadelphia, Pa., ask­ li Committee on 'Var. Claims. ing for an inquiry into the ·course pursued by Hon. R. w. By Mr. PARKER of New Jersey: A bill (H. R. 16236) grant­ .Archebold, United States judge, in case of Robert D. Kinney ing an increase of pension to Thomas Sheppard-to the Com­ against Commonwealth of Pennsylvania-to the Committee on mittee on Invalid Pensions. the Judiciary. li Also, a bill (H. R. 16237) granting an increase o~ pension to Als<>, petition of Civil Service Reform Association of Chi­ Amanda Bonnell-to the Committee on Invalid Pensions. cago, in fayor of civil-service law for next census-to the Com­ Also, a bill (H. R. 16238) granting an increase of pension to mittee on the Census. Sarah B. Goehler-to the Committee on Invalid Pensions. Also, petition of wholesale and retail hardware joint com­ Also, a bill (H. R. 16239) granting an increase of pension to mittee, of Fort Smith, Ark., protesting against establishment Mary A. Taylor-to the Committee on Invalid Pensions. of parcels-post-to the Committee on the Post-Office and Post­ By Mr. POU: A bill (H. R. 16240) for the relief of P. R. Roads. Hatch-to the Committee on Claims. By Mr. ACHESON: Paper to accompany bill for relief of A.lso, a bill (H. R. 16241) granting an increase of pension to James A. Morgan-to the Committee on lnYalid Pensions. Sarah W. Passmore--to the Committee on Pensions. Also, paper to accompany bill for relief of Mrs. Mary Mc­ I' By Mr. REEDER: A bill (H. R. 16242) granting a pension to Nally-to the Committee on Invalid PensionS'. Bertha I. Whitney-to the Committee on Pensions. Also, paper to accompany bill for relief of John B. Shellen­ By Mr. RHINOCK: A bill (H. R. 16243) granting a pension berger-to the Committee on Invalid Pensions. to· William H. Liter-to the Committee on Invalid Pensions. Also, paper to accompany bill for relief of Thomas S. Vail­ A1so, a bill (H. R. 16244) granting a pension to Nettie to the Committee on Military Affairs. Eckler-to the Committee on Invalid Pensions. By 1\Ir. ADAIR: Paper to accompany bill for relief of Wil­ Also, a bill (H. R. 16245) granting a. pension to Mary Gra­ liam W. Angel-to the Committee on Invalid Pensions.

' ham-to the Committee on Invalid Pensions. By Mr. ALE~TDER of Missouri: Papers to accompany Also, a bill (H. R. 16246) granting an increase of pension to bills for relief of Maria H. Motsinger and Francis M. Bur­ Mary Kearns-to the Committee on Invalid Pensions. nett-to the Committee on Invalid Pensions. By .Mr. ROBINSON: A bill (H. R. 16247) for the relief of the By Mr. ANTHONY: Petition of Peter Carroll and others, heirs of the late Hugh Rowen-to the Committee on War voters of the First Congressional District of Kansas, in favor of Claims. H. R. 7691, for adjustment and payment of accounts of laborers Also, a bill (H. R. 16248) for the relief of the heirs of George arising under the eight-hour law (June 24, ~868)-to the Com- Sink-to the Committee on War Claims. mittee on Claims. . ., Also, a bill (H. R. 16249) granting an increase of pension to By Mr. BARTLETT of Georgia: Petition of Upson County Stephen P. Moore--to the Committee on !nyalid Pensions. (Ga.) It"'armers' Educational Cooperative Union, favoring the By Mr. RUSSELL of Missouri: A bill (H. R. 16250) granting passage of a parcels-post law-to the Committee on the Post­ a pension to James Brooks-to the Committee on Invalid Pen­ Office and Post-Roads. sions. By Mr. BENNET of New York: Paper to accompany bill for Also, a bill (H. R. 16251) granting an increase of pension to relief of John Cooper-to the Committee on Invalid Pensions. John 'Velker..:._to the Committee on Inyalid Pensions. By Mr. BROWNLOW : Petition of T. S. Hughes and 18 other By Mr. SHERWOOD: A bill (H. R. 16252) granting a pen­ citizens of Tennessee, for a volunteer officers' retired list-to sion to Julia E. Wells-to the Committee on Invalid Pensions. the Committee on Military Affairs. By Mr. SMITH of Missouri: A bill (H. R. 16253) for there­ Also, paper to accompany bill for relief of John Hogan (pre­ lief of David F. Ragsdale--to the Committee on War Claims. viously referred to the Committee on Invalid Pensions)-to the By Mr. SMITH of Texas: A bill (H. R. 16254) granting a Committee on Pensions. pension to B. C. Dragoo--to the Committee on Pensions. By Mr. BURTON of Ohio: Petition of Clevel nd Printing .Also, a bill (H. R. 16255) granting a pension to Jack W. Pressmen's Union, asking repeal of duty on white paper-to the Long-to the Committee on Pensions. Committee on \Vays and Means. I ~ Also, a bill (H. R. 16256) granting a pension to J. M. Dra­ Also, petition of Local Union No. 22 of International EJ~c­ goo-to the Committee on Pensions. trotypers, asking repeal of duty on white pnper-to the Com· By Mr. SPARKMAN: A bill (H. R. 16257) granting an in­ mittee on Ways and .Means. crease of pension to John Hatcher-to the Committee on Pen­ Also, petition of National German-American Alliance, asking sions. repeal of act of February 2, 1901-to the Committee on lllilitary Also, a bill (H. R. 16258) granting a pension to James A. Affairs. Thomas-to the Committee on Invalid 'Pensions. By Mr. BUTLER: Petition of Local Union No. 4G5, United By Mr. STERLING: A bill (H. R. 16259) to increase the pen­ Brotherhood of Carpenters and Joiners, for Government-built sion of Absolom Wood-to the Committee on Invalid Pensions. ships to be constructed at the League Island Navy-Y rd-to the By Mr. STURGISS: A bill (H. R. 16260) granting a pension Committee on Naval Affairs. to George W. Webb-to the Committee on Invalid Pensions. By 1\fr. CALDER: Petition of Alfred Winder,· for H. R. 175, By Mr. TALBOTT: A bill (H. R. 16261) authorizing the for pensioning military telegraphers-to the Committee on In- President to nominate and appoint William Lay Patterson a valid Pensions. · captain and quartermaster, United States .Army-to the Com­ ·Also, petition of North· Side Board of Trade, of New York, mittee on Military Affairs. for annual appropriation bill for rivers and harbors-to the By Mr. WATSON: A bill (H. R. 16262) granting an increase Committee on Rivers and Harbors. II of pension to Thomas J. De Bolt-to the Committee on Invalid Also, petition of mass meeting of the Poles in New York Pensions. against the Polish expropriation bill and the public meetings Also, a bill (H. R. 16263) granting an increase of pension to bill now pending in legislatures of Prussia and Germany-to David 1\fonticue--to the Committee on Invalid Pensions. the Committee on Foreign Affairs. By 1\fr. WEBB: A bill (H. R. 16264) granting an increase of Also, petition of National German-American Alliance, for re­ pension to Anna J. Franklin-to the Committee on Pensions. peal of the canteen law-to the Committee on Military Affairs. By Mr. WHEELER: A bill (H. R. 16265) granting an in­ Also, petition of Flint Wagon Works, of Flint, Mich., for bill crease of pension to Charles Brown-to the Committee on In­ providing for census of stumpage--to the Committee on Agricul­ valid Pensions. ture. -. -~ -· .. . - -_ .c-eo -= -- ---. '

1908. CONGRESSIONAL RECORD- HOUSE. 1509

Also, paper to accompany bill for relief of Gottfried Ross- Also, petition qf Commercial Travelers' Congress, San Fran­ berg-to the Committee on Invalid Pensions. · cisco, Cal., against a parcels-post law-to the Committee on the Also, paper to accompany bill for relief of'Sidney Raphael­ Post-Office and Post-Roads. to the Committee on Pensions. Also, petition of American Institute of Electrical Engineers, By Mr. CHANEY: Paper to accompany bill for relief of Sam­ for legislation to preserve and perpetuate national forests-to uel Dillon-to the Committee on Invalid Pensions. the Committee on Agriculture. Also, paper to accompany bill for relief of William Mc- Also, petition of Kingman Plow Company, of Illinois, for cur­ Cracklin-to the Committee on Invalid Pensions. · rency legislation-to the Committee on Banking and Currency. By Mr. CARY: Petition of National German-American Al­ By Mr. FULTON: Paper to accompany bill for relief of liance of Missouri and Southern Illinois, for repeal of canteen James Houston-to the Committee on War Claims. law-to the Committee on Military Affairs. Also, paper to accompany bill for relief of Jacob Mull-to the By Mr. CHANEY : Paper to accompany bill for relief of Committee on Military Affairs. Robert C. Thorlton-to the Committee on Invalid Pensions. By Mr. GARNER: Petition of Del Rio Business Men's Club By Mr. COUDREY: Papers to accompany bills for relief of and others, of Del Rio, Tex., for appropriation of $100,000 for Freda Burow, Morris Lavin, and Jesse H. Wade-to the Com­ public building at Del Rio (H. R. 3890)-to the Committee on mittee on Pensions. Public Buildings and Grounds. Also, petition of International Brotherhood of Bookbinders, Also, paper to accompanY. bill for relief of A. M. Gildea-to for removal of duty on white paper, wood pulp, etc., and all the Committee on Claims. material of their manufacture-to the Committee on Ways and By Mr. GOEBEL: Petition of Local Union No. 2, German­ Means. American Printers' Union, for repeal of duty on white paper­ Also, paper to accompany bill for relief of Margaret C. Storts to the Committee on Ways and 1\feans. and Robert C. Pate-to the Committee on Invalid Pensions. By Mr. GOULDEN: Petition of Marine Trades Councils of Also, petition of B. H. 1\Iann. for H. R. 10457, for acquiring New York City, for building battle ships at the Brooklyn Navy­ national forests ill southern .Appalachian and White moun­ Yard-to the Committee on Naval Affairs. tains-to the Committee on Agriculture. By Mr. GRAHAl\1: Petition of D. R. Reynolds for Kittredge By Mr. ORAVENS: Paper to accompany bill for relief of copyright bill (S. 2900)-to the Committee on Patents. llebeckah Williams (pre•iously referred to Committee on In­ Also, petition of Bradhurst Schieffelin. secretary of Citizen~· \alid Pensions)-to the Committee on Pensions. Alliance, for legislation to effect limitation of inheritance tax­ By Mr. DARRAGH: Petition of Birton I. Gee and 197 other to the Committee on the Judiciary. citizens of Michigan, against the reduction of existing tariff By Mr. GRONNA : Petition of storekeepers and gaugers, of rates on sugar importations from our insular possessions or Pittsburg, Tenn., for increase of salary of storekeepers and other countries-to the Committee on Ways and Means. gaugers to $3 per day and twenty-six days' vacation with pay­ By .Mr. DRISCOLL: Petition of citizens orSyracuse against to the Committee on Ways and Means. a parcels-post ·law-to the Committee on the Post-Office and Also, petition of San Diego (Cal.) Chamber of Commerce Post-Roads. for appropriation to improve Pearl Harbor-to the Committee By Mr. DUNWELL: Petition of Flint Wagon Works, of Flint, on Rivers and Harbors. 1\fich., favoring bill to obtain census of stumpage of timber in Also, petition of Commercial Tra:velers' Congress of San United States-to the Committee on Agriculture. Francisco, against a parcels-post law-to the Committee on the Also, petition of mass meeting of Poles in New York City, Post-Office and Post-Roads. against Polish expropriation bill now pending in the legislatures By Mr. HAGGOTT: Petition of C. D. Neff and 156 other citi­ of Prussia and Germany-to the Committee on Foreign Affairs. zens of Fort Collins, Colo.; W . H. Farr and 107 other citizens Also, petition of South Bend (Ind.) National Bank, for cur­ of Colorado, and William F. Slocum and 135 other citizens of rency legislation-to the Committee on Banking and Currency. Colorado, in favor of a volunteer officers' retired list law-to .Also, petition of National German-American Alliance, against the Committee on Military Affairs. an interstate liquor law-to the Committee on the Judiciary. By 1\Ir. HALE: Petition of R . N. Hood Post, Grand Army of Also, petition of N. Johannsen, for currency legislation-to the Republic, Department of Tennessee, for passage of two bills the Committee on Ban1.."ing and Currency. by the Hon. N. W. HALE for pel'lsion of $30 per month for ol­ Also, petition of North Side Board of '.rrade of New York diers and $12 per month for their widows-to the Committee City, for annual appropriation .for rivers and harbors-to the on Inv-alid Pensions. Committee on Rivers and Harbors. By Mr. HAMLIN: Papers to accompany H . R. 15575, for By Mr. ELLIS of Oregon: Petition of citizens of Clatskanie, the relief of Rhoda A. Jones-to the Committee on In·mlid Oreg., for $25,000 for improvement of the Clatskanie River-to Pensions. the Committee on Rivers and Harbo~. By Mr. HAMMOND: Petition of Zach Taylor Post, No. 42, Also, petition of Veteran Volunteer (J'fficers of Union Army, Grand Army of the Republic, for the Sherwood bill- to the for a volunteer officers' retired list-to the Committee on Mili­ Committee on Invalid Pensions. tary Affairs. By 1\fr. HEPBURN: Petition of churches of Chariton, Iowa, for passage of original-package liquor bill-to the Committee Also, petition of Local Union No. 210, International Typo­ graphical Union, of Oregon, for repeal of duty on white paper­ on the Judiciary. to the Committee on Ways and 1\feans. Also, petition of College Springs (Iowa) Presbytery, for leg­ Also, petition of C. L. Daggett and F . G. Forbes, of Marine islation prohibiting traffic in opium-to the Committee on the Engineers' Brotherhood of America, :Ko. 41, of Portland, Oreg., Judiciary. for increasing efficiency of the American merchant marine­ By Mr. HIGGINS: Petition of Company C, of Rockville, to the Committee on the M-erchant Marine and Fisheries. Conn., and Company A, First Infantry, Connecticut National Also, petitions of Methodist Church South and Baptist and Guard, for bill promoting efficiency of the militia-to the Com- Christian churches, of Heppner, Oreg., for Littlefield bill-to mittee on Militia. • the Committee _on the Judiciary. By Mr. HINSHAW: Petition of third-class postmasters of By 1\fr. ESCH: Petition of citizens of Milwaukee, Wis., for the Fourth Congressional District, for increase of salaries of amendment of Crumpacker bill (H. R. 7597) so that the clerical clerks in third-class offices-to the Committee on the Post­ force for taking census may qualify by competitive examina­ Office and Post-Roads. tion-to the Committee on Reform in the Cinl Service. Also, petition of Nebraska Park and Forestry Association, By 1\fr. FITZGERALD: Petition of North Side Board of for forest preservation-to the Committee on Agriculture. Trade, of New York City, for an annual appropriation for Also, paper to accompany bill for relief of L. J. Blowers--to rivers and lrurbors-to the Committee on Rivers and Harbors. the Committee on Invalid Pensions. Also, petition of Government Town Site Protective Associa­ Also, paper to accompany bill for relief of John Hann-to tion, for investigation of the Segregated Coal Land Settlers' the Committee on Inv-alid Pensions. Association-to the Committee on the Public Lands. Also, petition of Prof. W. E. Jenson, opposing certain pro­ Also, pe7i tion of National German-American Alliance, against l'isions of H. R. 11794-to the Committee on Patents. interstate liquor legislation-to the Committee on the Judiciary. Also, petition of Lincoln Commercial Club, for legislation Also, petition of National German-American Alliance of Mis­ making all interstate rates apply as maxima at directly inter­ souri and Southern Tilinois, for repeal of canteen law-to the mediate points, and that tariffs shall so state-to the Committee Committee on Military Affair . on Interstate and Foreign Commerce. By 1\fr. FULLER: Paper to accompany bill for relief of By l\Ir. HOWELL of Utah : Petition of citizens of Utab, Matilda B . Aldrich (previously referred to Committee on In­ against II. R . 243, in that portion inimical to rights of musical valid Pensions)-to the Committee on Pensions. composers-to the Committee on Patents.

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II !• 1510 ·CONGRESSIONAL RECORD-HOUSE. FEBRU~<\.RY 3,

' ~ Also, petition of George T. Odell, for a uniform classification Also, paper to accompany bill for relief of John Larrier-to ' . of freight rates-to the Committee on Interstate and Foreign the Committee on Invalid Pensions. I' Commerce. By Mr. MALBY : Paper to acc.om})any bill for relief of Bar- Also, petition of Commercial Club of Salt Lake City, Utah, riett Winnie-to the Committee on Invalid Pensions. for financial legislation-to the Committee on Banking and By Mr. MOORE of Pennsylvania: Petition of Local Union Currency. - No. 72, International Stereotypers and Electrotypers, for re- By l\Ir. HULL of Iowa: Petition of O'Donnell Printing Com- peal of duty on wood pulp, white pa~er, etc.-to the Commit­ pany and others, of Iowa, for repeal of duty on wood pulp, tee on Ways and Means. white paper, etc.-to the Committee on Ways and Means. By Mr. NEEDH.Al\I: Petition of Canners' League of Cali- By Mr. OLLIE M. JAMES: Petition of hundreds of citizens fornia, for a hearing before the Interstate Commerce Commis­ of Oklahoma, asking that the inscription "In God we trust" sion before change in any interstate rate can become effective­ be restored to our coins-to the Committee on Coinage, Weights, to the Committee on Interstate and Foreign Commerce. and Measures. Also, petition of Woman's Interdenominational Missionary Also, petition of C. F . Long and other citizens of Grayes Union of the District of Columbia, for a Sunday-rest law-to Cotmty, Ky., in favor of nine-hour bill for telegraphers-to the the Committee on the District of Columbia. Committee on Interstate and Foreign Commerce. By Mr. OVERSTREET: Paper to accompany bill for relief By Mr. JOHNSON of Kentucky: Paper to accompany bill for of Mattie E. Wheat-to the Committee on \Var Claim . relief of Ernest Woodward (previously referred to Commit- Also, petition of Charles 1\f. Fosdick, for H. R. 10457, for tee on Invalid Pensions)-to the Committee on War Claims. acquiring ·national forests in southern Appalachian and White By Mr. JOHNSON of South Carolina : Paper to accompany mountains-to the Committee on Agriculture. bill for relief of Nannie E. Lenderman-to the Committee on Aiso, petition of Southern Indiana Teamsters' Association, Pensions. favoring H. R. 12243, of the Fifty-ninth Congres , and H. R. Also, paper to accompany bill for relief of Mary Fowler-to 8487, securing teamsters in the Army of the civil war recogni- the Committee on Pensions. tion on the pension list-to the Committee on Im·alid Pen· Al~o. paper to accompany bill for relief of Samuel .A.. Nelson- sions. to the Committee on war Claims. Also, petition of Encampment No. 20, Union Veteran Legion, Also, paper to accompany bill for relief of Thomas H. of Indianapolis, for H. R. 3896 (the Adair pension bill)-to Emory-to the Committee on Pensions. the Committee on In·valid Pensions. Also, paper to ·accompany bill for relief of Harrot Mosley~-to Also, petition of Local Union No. 38, International Stereo- the Committee on InYalid Pensions. typers and Electrotypers' Union, for removal of duty on white By Mr. KAliN: Petition of shipbuilders on the Pacific coast, paper and wood pulp-to the Committee on Ways and Means. recommending passage of a bill to register the barkentine An- Also, petition ot Woman's Home Missionary Society of dromecla-to the Committee on the Merchant Marine and Fish- Central Avenue Methodist Episcopal Church, of Indianapolis, eries. Ind., for the Littlefield original-package bill-to the Committee Also, petition of Shipowners' Association of the Pacific, for on the J~diciary; . . . ocean mail subsidy-to the Committee on the Merchant Marine ~Y Mr. PADGETT· Paper to accoill:pany bill for re.llef of and Fisheries. 1 heu·s of Green A. Pylant-to t~e Comm1~ee on 'Ya~ Cla1ms. Also, petition of Stodebaker Brothers, of California, against a . Also, p~per to acco~~nny bill for relief of l\f1~S10uary Bap: parcels-post law-to the Committee on the Post-Office and Post- hst. Church of Franklrn, Tenn.-to the Committee on War Roads. Claims. 1 • • • -· Also, petition of Canners' League of California, for amending .BY. Mr. REE~ER. Pet~twn of T. J. Ves_h, asJpng .for the interstate-commerce law preventing change in rates without cr~a.twn of a Bureau of 1\frnes-to the Committee on l\Irnes and supervision of Interstate Commerce Commission-to the Com- M~lll~f RIORDAJ.~. p t'ti f N th S'd1 B d f Tr d mittee on Interstate and Foreign Commerce. ~ r. · ~ I on ° or e oar o a e Also, petition of German-American Alliance, for repeal' of can- 0 ~.CI~ of_ New York, urg~g Congre~s, t? pass an ~~ual appro- teen law-to the Committee on Military Affairs. puatwn b1ll to the Com~~ttee on Rn . e~s and Harbors. · Also, petition of John J. Field, H. H. Oellig, Charles J. .~Y Mr. ~~.A.TH: PetitiOn of F?x ~:ver Val!~Y ~anufactur- Parker, George 1\f. Fisk, and others, of San Francisco, Cal., for ers A~socmtwn, of ~urora, Ill., for currency Ie~Islahon to the exclusion of all .Asiatics-to the Committee on Foreia-n Affairs. Committee on Banklllg7 and Currency. . . • • • • • . • o By l\Ir. SLAYDEN: Paper to accompany bill for relief of By M:. KELIHE:r: · Petit~on of ~oa~d ~! ~H~ctors 0.f .Bosto~ Sarah Bridgman-to the Committee on War Claims. Chamber ~~ Co~erce,. agalllst Cr~mpacl~e~ bill ~roviding. for By Mr. SLEMP: Paper to accompany bill for relief of John c~nsus clencal for~e Without rega~d to ely~ servi~e examllla- w. Hyatt (previously referred to the Committee on Invalid Pen- tion-to the CoiD.llllttee on Reform m the ~lvil Ser~Ice. sions)-to the Commi~ on Military Affairs. I B~ Mr. KNAPP: paper t~ accompany b~ll for n;hef of George By l\Ir. SPERRY: Petition of Company A, First Infantry, P. l\.1.atteson~to the Comnntte~ _on Invalid Penswns. ·. Connecticut National Guards, of Hartford, for the militia By l\Ir. KUSTERl\fA.NN: petitiOn of Samuel D. Hastrngs and bill-to the Committee on l\Iilitia 3.9 other citizens, favo~·ing an en~~tment of .a volunteer retired Also, petition of Eagle Tent, N~. 2, Independent Order Recha- hst law-t~ ~he Commi_ttee on M1litary Affa~rs. . .L. bites, for prohibition bills in Sixtieth Congress-to the Com- Also, petition of res~dent of De Pere, Wis., agarns ... parcels- mittee on Alcoholic Liquor Traffic. post law-t.o_thc Comn~1ttee on thT~ Post-Office a!ld Post~Ro:;tds. By Mr. SULZER: Petition of North Side Board of Trade of -:uso, ~eti!1on of ~·es1dent.s of Nlllth CongressiOnal D1~tr1Ct of New York City, for a rivers and harbors bill-to the Commit­ Wisconslll, ill favor of parcels-po~t law-to the Committee on tee on Rivers and Harbors. the Post-Office and Post-~?ads. . By Mr. TAYLOR of Ohio: Petition of David Todd Gilliam By Mr. LAFEAN: PehtiCil of G~neral John Sedgwick Post, and 36 other citizens of Ohio; Encampment No. 88, Union Vet­ ~o. 37, Grand A'rmy o~ the.. Republic, of Yor~: Pa., for restor.a- eran Legion, of Columbus, Ohio, and Wells Post, No. 451, Grand twn of th~ motto to. COlDS, In God we trust -to the Commit- Army of the Republic, of Columbus, Ohio, for a volunteer offi- tee on Collage, Weights, and 1\Ieasures. cers' retired list-to the Committee on l\filitnry Affair . By 1\Ir. LEVER: Pe~it~on of ColuJ:?bia. (~. C.). C~amb~r of By Mr. TO,VNSEND :· Petition of Detroit Lubricator Com- Commerce, for appropnatwn for public bmldlllgs ill City of Co- pany in favor of H. R. 10457-to the Committee on. Agricul- lumbia-to the Committee on Public Buildings and Grounds. ture.' II Also, petitio~ of .Columbia (~. C.) Cbam_ber of Co~merce, for Also, petition of Michigan Agricultural College, in support forest reservation ill Appalachian and White mouutaills-to the of H. R. 10457-to the Committee on Agriculture. , i' Committee on .Agriculture. By Mr. THOMAS of Ohio: Petition of C. Branard Post, No. Also, petition of Columbia (S. C.) Chamber of Commerce, for 503, Trumbull, Ohio, for the Sherwood pension bill-to the a parcels-post law-to the Colllilllttee on the Post-Office and Committee on Invalid Pensions. Post-Roads. By Mr. WEISSE: Petition of National German-American Al- li By Mr. LITTLEFIELD: Petitio~ of George S. Cobb Post, liance, against any interstate liquor legislation-to the Com­ No. 63, Grand Army of the Republic, of Camden, Me., for the mittee on the Judiciary. li Sherwood pension bill-to the Committee on Invalid Pensions. By Mr. WOOD: Petition of J. A. P. Crisfuld and Jerome w. I' By l\Ir. LORIMER: Petition of H. B. Kelgaud ·and 57 others, Leverich, for H. R. 11562, for repayment of collateral inher­ of Chicago, in- favor of volunteer retired list law-to the Com- itance tax to the Stevens Institute of Technology-to the Com- 1: mittee on Military Affairs: mittee on Claims. . I By Mr. McGUIRE: Paper to accompany bilf for relief of Also, paper to accompany bill for relief of Charles 1\f. Good- James E. Hale-to the C:ommittee on Invalid Pensions. fellow-to the Committee on Invalid Pensions.

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1908. CONGRESSIONAL RECORD-SENATE. 1}5lll

SENATE. Departments for surT"iving officers of the civil war, which was referred to the Committee on Military Affairs. TuESDAY, February 4, 1908. 1\lr. BROWN presented a petition of the Commercial Club of Prayer by the Chaplain, Rev. EDWARD E. HALE. Lincoln, Nebr., praying for the enactment of legislation to The Secretary proceeded to read the Journal of yesterday's prohibit railroad companies from charging a greater freight proceedings, when, on request of Mr. HALE, and by unanimous rate for transportation for short distances than for longer dis­ consent, the further reading was dispensed with. tances covering the same and additional b·ack mileage for the The VICE-PRESIDENT. The Journal stands approved. same commodities, which was referred to the Committee on Interstate Commerce. CIRCULATING NOTES FOR PANAMA BONDS. He also presented a petition of the Farmers' Institute .Associa­ The VICE-PRESIDENT laid before the Senate a communica­ tion and the Nebraska Park and Forestry Association of Lin­ tion from the Secretary of the Treasury, transmitting, in re­ coln, Nebr., praying for the enactment of legislation to estab­ sponse to a resolution of the 15th ultimo; a statement giving the lish a national forest reserve in the southern Appalachian and name of each national bank to which was awarded Panama White mountains, which was referred to the Committee on Canal bonds, the amount awarded, the price pafd," etc., which, Forest Reservations and the Protection of Game. with the accompanying paper, was referred to the Committee on He also presented a petition of George G. :Meade Post, No. 19, Y'inance and ordered to be printed. Department of Nebraska, Grand Army of the Republic, of Sut­ MESSAGE FROM THE HOUSE. ton, Nebr., praying for the enactment of legislation to remove A message from the House of Representatives, by Mr. W . .T. limitations in the payment of arrearages of pension, which was BROWNING, its Chief Clerk, announced that the House had referred to the Committee on Pensions. passed the bill (S. 2929) to authorize the Idaho and Washington He also presented a petition of sundry third-class postmasters Northern Railroad to construct a bridge across the Pend of the Fourth Congressional District of Nebraska, praying for d'Oreille River, in the State of Washington. the enactment of legislation placing third-class postmasters on The message also announced that the House had passed a the same basis as second-class postmasters as to allowances bill (H. R. 15653) to increase the pension ·of widows, minor for clerk hire and equipment for post-offices, which was referred children, etc., of deceased soldiers and sailors of the late civil to the Committee on Post-Offices and Post-Roads. war, the war with 1\Iexico, the various Indian wars, etc., and He-also presented an affidavit to accompany the bill (S. 2703) to grant a pension to certain widows of deceased soldiers and granting an increase of pension to Charles Adams, which was 8ailors of the late civil war, in which it requested the concur­ referred to the Committee on Pensions. 1\fr. WARNER presented a petition of sundry citizens c~ rence of the Serrate. Kirksville and Ethel, in the State of Missouri, praying for the PETITIONS AND MEMORIALS. enactment of legislation t9 remove the charge of desertion from Mr. GALLINGER presented a petition of the Board of Trade the military record of Joseph Lovern, deceased, which was re­ of Manchester, N. H., praying for the enactment of legislation ferred to the Committee on Military Affairs. to establish a national forest reserve in the southern Appa­ Mr. WETMORE presented a petition of Local Union No. 53, lachian and White mountains, which was referred to the Com­ Stereotypers Union, of Providence, R. I., praying for the repear mittee on Forest Reservations and the Protection of Game. of the duty on white paper, wood pulp, and the materials used He also presented a petition of the Board of Trade of Man­ in the manufacture thereof, 'which was referred to the Com- chester, N. H., praying that an appropriation be made for mittee on Finance. . instruction in the mechanical arts in the high schools, and 1\fr. LONG presented a memorial of Local Council No. 96, -also for courses to be given in home economics, which was re­ United Commercial Travelers, of Parsons, Kans., remonsb·ating ferred to the Committee on Education and Labor. against the passage of the so-called "parcels post bill," which He also presented the memorial of George R. Beyerle, a citi­ was referred to the Committee on Post-Offices and Post-Roads. zen of the United States, remonstrating against the adoption of He also presented a petition of the National German-Ameri­ certain amendments to the present copyright law relating to can Alliance, Missouri and Southern illinois Division, of St. musical compositions, which was referred to the Committee on Louis, 1\fo., praying for the repeal of the present anticanteen Patents. law, which was referred to the Committee on Military Affairs. · He also presented the petition of H. N. Potter, of Darlington, He also presented petitions of Zed· S. Hoslings and 46 Pa., and a petition of the Woman's Christian Temperance Union other citizens of Effingham, and of the 'Voman's Christian Tem­ of Apollo, Pa., praying for the enactment of legislation to pro­ perance Unions of Winchester, Argonia, Phillipsburg, Lyons, hibit the manufacture and sale of intoxicating liquors in the Lewis, and Kansas City, all in the State of Kansas, praying District of Columbia, which were referred to the Committee on for the enactment of legislation to prohibit the manufacture the District of Columbia. and sale of intoxicating li'l.nors in the District of Columbia, .Mr. PLATT presented a petition of the Musicians' Protecti\e which were referred to the Committee on the District of Association of Syracuse, N. Y., praying for the enactment of Columbia. legislation to prohibit Army and Navy musicians from entering He also presented an affidavit to accompany the bill (S. 4221) into competition with civilian musicians, which was referred to for the relief of Fmnklin Cowan, which wns referred to the the Committee on Military Affairs. C.ommittee on Military Affairs. ' He also presented a memorial of Local Council No. 236, Mr. CULLOM presented petitions of sundry volunteer officers United Commercial Travelers, of Elmira, N. Y., remonstrating of the civil war, of Greenville and Fairfield, in the State of , against the passage of the so-called " parcels-post bill," which Illinois, praying for the enactment of legislation to create a was referred to the Committee on Post-Offices and Post-Roads. volunteer retired list in the War and Navy Departments for Mr. S.MOOT presented a petition of the Commercial Club of surviving officers of the civil war, which were referred to the Spanish Fork, Utah, praying for the adoption of an amendment Committee on Military Affairs. to section 4 of the act to regulate commerce, which was referred 1\Ir. STEPHENSON presented a petition of Local Union No. to the Committee on Interstate Commerce. 90, Stereotypers' Union, of Milwaukee, Wis., praying for the Mr. SMITH presented petitions of .Tames R. Wylie and 106 repeal of the duty on white paper, wood pulp, and the materials other citizens, of Thomas 1\f. Peck and 106 other citizens, of used in the manufacture thereof, which was referred to the Charles T. Sanger and 20 other citizens, of Charles 1'. Sawyer Committee on Finance. and 20 other citizens, of J. W. Stone and 79 other citizens, of He also presented petitions of sundry T"Olunteer officers of the l\Iason W. Burt and 59 other citizens, of Thomas Sparks and civil war, of Green Bay and Marinette, in the State of Wiscon­ 19 other citizens, of George Weimer and 12 other citizens, sin, praying for the enactment of legislation to create a volun· and of Z. S. Trowbridge and 263 other citizens, all in the State teer retired list in the Wa:L and Navy Departments for surviv­ of Michigan, pr:aying for the enactment of legislation to create ing officers of the civil war, which were referred to the Commit­ a volliDteer retired list in the War and Navy Departments for tee on l\Iilitary Affairs. the surviving officers of the civil war, which were referred to Mr. BURKE'l'T presented a petition of sundry third-class the Committee on .1\lilitary Affairs. postmasters of the Fourth Congressional Disb·ict of Nebraska, l\fr. FLINT presented a petition of the Chamber of Commerce praying that an appropriation of $2,000,000 be made for addi­ of San Diego, Cal., praying that an appropriation be made for tional clerkhire for third-class postmasters, which was referted the improvement ·of the fortifications at Fort Rosecrans for to the Committee on Post-Offices and Post-Roads. . the better protecton of southern California, which was referred hlr. CURTIS presented a memorial of ·Local Council No. 96, to the Committee on Military Affairs. United Commercial Travelers of America, of Parsons, Kans., re­ He also presented a petition of sundry volunteer officers of monstrating against the enactment of legislation to secure the the civil war in California, praying for the enactment of legis- use of United States rural mail equipment and to place the 1ation to create a volunteer retired list in the War and Navy rural service on a paying basis, and also against the consolida-