.. .
3108 CONGRESSIONAL RECORD- SENATE. MARCH 21,
San Francisco, Cal., for an appropriation for the purpose of di praying for the enactment of legislation to prohibit polygamy; verting the waters of the Mormon Channel into Calaveras River which was referred to the Committee on the Judiciary. to the Committee on Rivers and Harbors. He also presented a petition of Bricklayers, Masons, and Plas Also, resolutions of the California Miners' Association, San terers' Local Union No. 13, American Federation of Labor, of Francisco, Cal., favoring the creation of a Cabinet department of Taunton, Mass., and a petition of the Granite Cutters' Local mines and mining, and for the enactment of the so-called mineral Union, American Federation of Labor, of New Bedford, ]\{ass., lands bill-to the Committee on Mines and Mining. praying for the reenactment of the Chinese exclusion law; which By Mr. WRIGHT: Resolutions of Machinists' Union No. 305, were ordered to lie on the table. of Susquehanna, Pa., favoring reenactment of the Chinese-exclu Mr. MITCHELL presented a petition of Carpente1·s' Local sion law-to the Committee on Foreign Affairs. Union No. 536, American Federation of Labor, of Baker City, Also, resolutions of Machinists' Union No. 305, of Susquehanna, Oreg., praying for the enactment of legislation providing an edu Pa., favoring the construction of war vessels in the United States cational test for immigrants to this country; which was ordered - navy-yards-to the Committee on Naval Affairs. to lie on the table. By Mr. YOUNG: PetitionoftheAtlantic Coast Seamen's Union, He also presented petitions of Mount Hood Division, No. 91, port of Philadelphia, in favor of the eight-hour law-to the Com Order of Railway Conductors, of Portland; of Leather Workers mittee on Labor. and Horse Goods Local Union No. 56, of Portland; or Cigar Also, resolution of the New Century Club, of Philadelphia, :rt!.akers' Local Union No. 202, of Portland, and of Local Union Pa., for a national forest reserve-to the Committee on the Pub No. 91, of Cornucopia, all of the American Federation of Labor, lic Lands. in the State of Oregon, praying for the reenactment of the Also, t·esolution of Brotherhood of Locomotive Firemen, Lodge Chinese-exclusion law; which were ordered to lie on the table. No. 319, Philadelphia, Pa., favoring bill to limit the power of He also presented petitions of sundry citizens of Liberal PelTY Federal courts in granting injunctions in trade disputes-to the dale, Eugene, Dilley, and Scappoose, all in the State of Oregon, Committee on the Judiciary. praying for the passage of the so-called Grout bill, to regulate the manufacture and sale of oleomargarine; which were ordered to lie on the table. SENATE. He also presented a petition of sundry citizens of Mosier, Oreg., praying for the enactment of legislation providing for the election FRIDAY, March 21, 1902. of United States Senators by a direct vote of the people; which Prayer by Rev. F. J. PRETTYMAN, D. D., of the city of Wash was referred to the Committee on Privileges and Elections. ington. He also presented a petition of the Chamber of Commerce of The Secretary proceeded to read the Journal of yesterday's pro Stockton, Cal., praying that an appropriation be made for the con ceedings, when, on request of Mr. GALLINGER, and by unanimous struction of a diverting canal to carry the :flood waters of Mormon consent, the further reading was dispensed with. Channel into the Calaveras River, in that State; which was re The PRESIDENT pro tempore. Without objection, the Jour ferred to the Committee on Commerce. nal will stand approved. It is approved. Mr. SCOTT presented a petition of Iona Grange, No. 299, Pa trons of Husbandry, of Hoodsville, W.Va., praying for the adop Ei\"ROLLED BILLS SIGNED. tion of an amendment to the Constitution providing for the elec A message ft·om the House of Representatives, by Mr. W. J. tion of United States Senators by a direct vote of the people; which BBOWNING, its Chief Clerk, announced that the Speaker of the was referred to the Committee on Privileges and Elections. House had signed the following enrolled bills; and they were He also presented a petition of Bricklayers' Local Union No.1, thereupon signed by the President pro tempore: of Wheeling, W.Va., praying for the reenactment of the Chinese A bill (H. R. 1325) granting an increase of pension to William exclusion law; which was ordered to lie on the table. J. Wallace; He also presented memorials of Neff Bros. & Co., of Sistersville; A bill (H. R. 2123) granting a pension to Elizqbeth M. Folds; the C. L. Ritter Lumber Company, of Charles Town; of J. W. A bill (H. R. 2547) granting an increase of pension to William Penn, of Bluefield; of J. L. Pentz, of Charles Town; of the Bolin & M.Guy; Bruce Company, of Bluefield; of F. Howald, of Rush Run, and A bill (H. R. 2669) granting a pension to Isabella Compton; of L. V. Rogers, of Grafton, all in the State of West Virginia, re A bill (H. R. 2786) granting an increase of pension to William monstrating against the passage of the so-called Grout bill, to K. Hoffman; regulate the manufacture and sale of oleomargarine; which were A bill (H. R. 3769) granting a pension to Susan Tel'l'y; ordered to lie on the table. A bill (H. R. 3873) granting a pension to William C. Flowers; Mr. PERKINS presented a petition of the Chamber of Com: A bill (H. R. 4468) granting an increase of pension to John B. merce of Stockton, Cal., praying that an appropriation be made Kurth; for the construction of a diverting canal to carry the :flood waters A bill (H. R. 5073) gt·anting a pension to Christina Daniels; of Mormon Channel into the Calaveras River, in that State; which A bill (H. R. 5109) granting an increase of pension to Frederick was referred to the Committee on Commerce. M. Hahn; . He also presented a petition of Local Division No. 115, Order A bill (H. R. 6487) granting a pension to Kaize Washburn; of Railway Conductors, of San Francisco, Cal., praying for the A bill (H. R. 6864) granting an increase of pension to MiltonA. reenactment of the Chinese-exclusion law; which was ordered to Embick; lie on the table, A bill (H. R. 7320) granting an increase of pension to Jame,s He also presented a petition of sundry officers of the National Mantach; Guard of the State of California, praying for the enactment of A bill (H. R. 7424) granting an-increase of pension to John legislation to increase the efficiency of the militia; which was re Craig; ferred to the Committee on Military Affairs. A bill (H. R. 7771) granting an mcrease of pen,sion to Frank He also presented petitions of sundry citizens of San Francisco; Seaman; of Local Union No. 376, of Vallejo; of the Amalgamated Society A bill (H. R. 7846) granting a pension to Michael Tynan; of Engineers, of Sacramento, and of Painters, Paper Hangers, and A bill (H. R. 7968) granting a pension to Morris L. Lungren; Decorators' Local Union No. 267, of Los Angeles, all of theAmeri A bill (H. R. 8292) granting a pension to Hester Thomas; can Federation of Labor, in the State of California, praying for A bill (H. R. 9296) gt·anting a pension to Mary E. Chapman; the enactment of legislation providing an educational test for im A bill (H. R. 9991) fo1· the relief of F. E. Coyne; migrants to this country; which were ordered to lie on the table. A bill (H. R. 10132) gt·anting an increase of pension to John He also presented petitions of sundry citizens of Scotts Valley, Garult; and Hollister, Petaluma, Areata, Pescadero, San Luis Obispo, Cayu A bill (H. R. 10956) granting an increase of pen,sion to Frances cos Tomales, and Alton, all in the State of California, praying K. Morrison. · for'the passage of the so-called Grout bill, to regulate the manu PETITIONS AND MEMORIALS. facture and sale of oleomargarine; which were ordered to lie on Mr. HOAR presented a petition of sundry citizens of. Massachu the table. setts, praying for the passage of the so-called ~rout bifl, to regu Mr. DILLINGHAM presented a petition of sundry citizens of late the manufacture and sale of oleomargarme; whtch was or MotTisville, Vt., praying for the passage of the so-called Grout dered to lie on the table. bill to regulate the manufactm·e and sale of oleomargarine; He also presented a petition of Painters' Local Union No.4.~, whlch was ordered to lie on the table. .American Federation of Labor, of Worcester, Mass., and a peti He also presented.a petition of Local Divisi~n No. 24, Order of tion of the Loom Fixers' Association, American Federation of La Railway Conductors, of St. Albans, Vt. pTaymg for the enact bor, of Fall River ,..Mass., praying fo! the. enactment of. legislation ment of legislation to exclude Qhinese l~borers from the UJ?ited providing an education~! test for rmnngrants to this country; States and their insular possesswns; wh1ch was ordered to he on which were ordered to lie on the table.. the table. . . He also presented a petition of sundry citizens of Lowell, Mass., Mr. GALLINGER presented a petition of Concord DiVIslOn, • 1902.. CONGRESSIONAL RECORD-SENATE. 3109
No. 335, Order of Hallway Conductors, of Concord, N. H:, pray City; of the Musicians' P:rotecttve Association, Local Union No. ing fOl' the reenactment of the Chinese-exclusion law; which was 108, of Dunkirk, all in the State of New York; of the Trades and ordered to lie on the table. Labor Council of Vallejo, Cal.,. and of Journeymen Bakers and He also presented a petition of the Trades League, of Phila Confectioners' Local Union No. 10, of Washington, D. C., all of delphia, Pa., praying for the adoption of an amendment to the the American Federation of Labor, praying for the enactment of river and harbor bill authorizing communities, corporations, com legislation authorizing the construction of war vessels in the panies, or individuals to improve commercial channels at their navy-yards of the countTy; which were referred to the Committee own expense, etc.; which was referred .to the Committee on Com on Naval Affairs. merce. He also presented petitions of General D. S. Stanley Garrison, Mr. WETMORE presented petitions of Local Union No. 616, No. 36, of Buffalo, and of Admiral Farragut Gan'ison, No. 135, of Amalgamated Society of Engineers, of Providence; of Cigar Albany, of the Army and Navy Union, in the State of New York, Makers' Local Union No. 10, of Providence; of Cigar Makers' praying for the enactment of legislation to promote the efficiency Local Union No. M, of Pawtucket; of Typographical Union No. of the clerical service in the United States Navy;. which were 225, of Newport, and of the Allied Printing Trades Council, of referred to the Committee on Naval Affairs. Providence, all of theAmericanFederation of Labor, in the State He also p1·esented petitions of Cigar Makers' Local Union No. of Rhode Islan-d, praying for the enactment of legislation provid 311, of Auburn; of the Lake City Trades and Labor Council, of ing an educational test for immigrants to this country; which Oswego; of Cigar Makers' Local Union No. 68, of Albany; of were ordered to lie on the table. Painters,. Decorators,
perish or b3 deatroyed, and to tender the good offices of this Government to meaning of the word '' conspiracy '' and the use of '' restraining secure this desired result· and be it further Resol'red, That a copy of these resolutions, duly signed by the governor and orders and injtmctions" in certain cases; wlrich was ordered to attested by the secretary of state, be forwarded to the President of the lie on the table. United States and to the Senators and Representatives in Congress from this He also presented a memorial of Typographical Union No. 97, State. D. 0. COATES, of Peru, Ind., remonstrating against the adoption of certain amend President of the Senate. ments to the copyright law; which was referred to the Commit- JAMES B. ORMAN, tee on Patents. . Gover-n01· of the State of Golomdo. Attest: He also presented petitions of Cop pes Brothers & Zook, of Nappa (SE.A.L.] DAVID A. MILLS, nee; of the Manitou Flouring Mills, of Rochester, and of the Winter Secretar·y of state. Wheat Millers' League, of Indianapolis, all in the State of Indi Mr. CLARK of Montana presented a memorial of the Montana ana, praying for the adoption of certain amendments to the Agricultural Association, remonstrating against the enactment of interstate-commerce law; which were referred to the Committee legislation providing for the leasing of the public domain, and on- Interstate Commerce. praying for the passage_of the so-called Grout bill, to regulate the He also presented memorials of the Cha1·les Hegewald Company, manufacture and, sale of oleomargarine; which was referred to of New Albany, and of the I. H. Force Handle Company, of New the Committee on Public La.nds. Albany, in the State of Indiana, remonstrating against the pas He also presented a petition of Miners' Local Union No. 57, sage of the so-called eight-hour bill; which were referred to the Western Federation of Miners, of Alill:iclge, 1\font., and a petition Committee on Education and Labor. of Miners' Local Union, Western Federation of Miners, of Wins He also presented petitions of Frank Kordell and sundry other . ton, Mont., praying for the enactment of legislation providing an citizens of Centerville, of J. F. Stillwell and sundry other citizens educational test for immigrants to this country; which were or of Syracuse, and of St. Joseph Valley Grange, No. 584, Patrons dered to lie on the table. of Husbandry, of South Bend, all in the State of Indiana, pray Mr. COCKRELL presented a petition of Car Coach Painters' ing for the adoption of an amendment to the Constitution provid Local Union No. 204, American Federation of Labor, of St. Louis, ing for the election of United States Senators by direct vote of MQ., and a petition of Local Union No. 4, American Federation the people; which were referred to the Committee on Privileges of Labor, of Kansas City, Mo., praying for the enactment of leg and Elections. islation to prohibit the immigration of persons other than wives He also presented petitions of Cory Post, No. 477, of Cory; of Post and children who can not read; which were referred to the Com No. 97, of San Pierre; of Rose Lawn Post No. 253, of RoseLawn; mittee on Immigration. of Huckleberry Post, No. 391, of Butlerville,andofGeneralLyon He also presented petitions of Local Division No. 100, Order of Post, No. 34, of Otwell, all of the Department of Indiana, Grand Railroad Telegraphers! of Kansas City; of Local Division No.3, Army of the Republic, in the State of Indiana, praying for the Order of Railway Conductors, of St. Louis; of Musicians' Pro- enactment of legislation authorizing the construction of war ves . tective Union No. 34, of Kansas City; of Bricklayers and Masons' sels in the navy-yards of the country; which were referred to the Union No. 7, of Jefferson; of Feed, Fuel, and Ice Teamsters' Committee on Naval Affairs. Union No. 128, of St. Joseph, and of Typographical Union No. Mr. HANNA presented a memorial of the Lake Seamen's 88, of Hannibal, all of the American Federation of Labor, in the Union, International Seamen's Union, of Cleveland, Ohio, re State of Missouri, praying for the reenactment of the Chinese monstrating against the enactment of legislation to change the exclusion law; which were referred to the Committee on Immi name of the United States Marine-Hospital Service to that of the gration. United States Health Service; which was referred to the Com Mr. PENROSE presented a petition of 40 citizens of Philadel mittee on Commerce. phia, Pa., praying for the adoption of an amendment to the Con He also presented a petition of the Manufacturers' Club of Cin stitution to prohibit polygamy; which was referred to the Com cinnati, Ohio, praying for the enactment of legislation authorizing mittee on the Judiciary. the appointment of a commission to study and make a full report He also presented a petition of the Brotherhood of Painters, upon the commercial and industrial conditions of China and Japan; Decorators, and Paperhangers of America, of Hazleton, Pa., which was referred to the Committee on Commerce. praying for the enactment of legislation providing an educational He also presented a petition of the congregation of St. JDhn's test for immigrants to this country; which was ordered to lie on African Methodist Episcopal Church, of Cleveland, Ohio, praying the table. for the enactment of legislation to make effective the provisions He also presented petitions of the United Labor League of west of the Constitution cutting down the Congressional representation ern Pennsylvania, of Pittsburg, and of Machinists' Local Union of States disfranchising its citizens; which was referred to the No. 305, American Federation of Labor, of Susquehanna, in the Committee on the Judiciary. State of Pennsylvania, praying for the enactment of legislation au He also presented a petition of sundry citizens of New Concord, thorizing the construction of war vessels in the navy-yards of the Norwich, Rix Mills, and Chandlersville, all in the State of Ohio, country; which were refelTed to the Committee on Naval Affairs. praying for the adoption of certain amendments to the Chinese He also presented a memorial of 28 citizens of Pittsburg, Pa., exclusion law; which was ordered to lie on the table. remonstrating against the passage of· the so-called Grout .bill, to He also presented a memorial of the Lake Seamen's Union, In regulate the manufacture and sale of oleomargarine; which was ternational Seamen's Union, of Cleveland, Ohio, and a memorial ordered to lie on the table. of the Lake Seamen's Union, International Seamen's Union, of He also presented petitions of 42 citizens of Lancaster, 92 citi Toledo, Ohio, remonstrating against the enactment of legislation zens of Quarryville, 29 citizens of Sole burg, 32 citizens of Lyckens to amend chapter 7 of the Revised Statutes, relating to the em town, 39 citizens of Yostville, 36 citizens of Bradford, 47 citizens ployment of seamen in the merchant marine of the countl·y; which of Keown, 30 citizens of Lyndell, 46 citizens of Troy, 12 citizens were referred to the Committee on Commerce. of Amasa, 20 citizens of Fleetville, and of Susquehanna Grange, He also presented a memorial of Subordinate Association No. No. 74, Patrons of Husbandry, of South Montrose, all in the 19, Lithographers' International Protective and Beneficial Asso State of Pennsylvania, praying for the enactment of the so-called ciation of the United States and Canada, of Coshocton, Ohio, re Grout bill, to regulate the manufacture and sale of oleomargarine; monstrating against the enactment of legislation to amend the which was ordered to lie on the table. · law relating to copyright; which was referred to the Committee He also presented petitions of Journeymen Tailors' Local Union on Patents. No. 56, of Philadelphia; of Typographical Union No. 14, of Har He also presented a memorial of Cleveland Chapter, American lisburg; of Local Division No. 95, Order of Railway Telegraphers, Institute of Architects, of Cleveland, Ohio, remonstrating against of Wellsboro; of sundry citizens of South Bethlehem, West Beth the enactment of legislation to change the title of Architect of the lehem, and Bethlehem; of Railway Conductors' Local Division No. United States Capitol; which was ordered to lie on the table. 144, of Derry; of Hodcarriers' Local Union No. 7351, of Reading; He also presented petitions of Ship Carpenters' Local Union No. of Just in Time Lodge, No. 346, Brotherhood of Railroad Teleg 6976, American Federation of Labor, of Toledo; of Mutual Lodge, raphers, of Bethlehem; of Stone Masons' Local Union No. 35, of No. 225, International Association of Machinists, of Dayton; of Philadelphia; of Southwest Union, No. 63, Brotherhood of Rail the Watch Case Engravers' International Association of America, road Telegraphers, of Scottdale; of Bricklayers' Local Union No. American Federation of Labor, of Canton; of Local Union No. 18, of Scranton; of 48 citizens of New Alexandria; of 59 citizens of 705, Brotherhood of Carpenters and Joiners of America, of Lorain; Pittsburg; of Tobacco Workers' Local Union No. 59, of Wilkes of the Central Labor Council, American Federation of Labor, of barre; of 98 citizens of Brownville, all in the State of Pennsylvania, Cincinnati; of Local Union No. 245, Carpenters and Joiners' Inter and of Bricklayers and Masons' Local Union No.2, of Lincoln, national Union, of Cambridge; and of Lodge No. 341, Interna Nebr., praying for the reenactment of the Chinese-exclusion law; tional Association of Machinists, of Hamilton, all in the State of which wm·e ordered to lie on the table. Ohio, praying for the repeal of the so-called desert-land law and Mr. FAIRBANKS presented a petition of Britton Division, No. the commutation clause of the homestead act; which were re 138, Order of Railway Conductors, of Garrett, Ind., praying for ferred to the Committee on Public Lands. the passage of the so-called Hoar anti-injunction bill, to limit the He also presented a petition of the Retail Grocers' Association 1902. CONGRESSIONAL RECORD-SENATE. 3111
of Dayton, Ohio, and a petition of the Retail Grocers' Associa of Toledo; of Garment Workers' Local Union No. 42, of Cleve tion of Cincinnati, Ohio, praying for the passage of the so-called land; of Leather Workers on Horse Goods, Local Union No. 49, pure-food bill; which were referred to the Committee on :Manu of Cincinnati, and of Dray and Express Men's Local Union No. factures. 193, of Toledo, all of the .American Federation of Labor, in the He also presented a petition of Egbert Command, No.101, Corps State of Ohio, praying for the enactment of legislation providing of Ohio, Spanish War Veterans, of Toledo, Ohio. praying for the an educational test for immigrants to this country; which were adoption of a resolution tendering the thanks of Congress to Miss ordered to lie on the table. Clara Barton and providing for the presentation to her of a gold Mr. ELKINS presented a petition of Local Union No. 1944, medal; which was referred to the Committee on the Library. · United Mine Workers of .America, of Shinnston, W.Va.~ praying He also presented petitions of the Woman's Christian Temper for the enactment of legislation authorizing the construction of ance Union of Norwalk, of the congregation of the Congrega war vessels in the navy-yards of the country; which was referred tional Chm·ch of Norwalk, and of sundry citizens of Ohio, all in the to the Committee on Naval .Affairs. State of Ohio, praying for the enactment of legislation to pro He also presented petitions of sundry citizens of Marion County; hibit the regulation and control of vice by the board of health of of Bricklayers' Local Union No.1, .American Federation of Labor, Manila, P. I.; which were referred to the Committee on the of Wheeling, and of Local Division No. 369, Order of Railway Philippines. Conductors, of Parkersburg, all in the State of West Virginia, He also presented a memorial of the League of German praying for the reenactment of the Chinese-exclusion law; which American Societies of Dayton, Ohio, remonstrating against the were ordered to lie on the table. enactment of leigslation to restrict immigration; which was LIMITATION OF '' CONSPffi.A.CY. '' ordered to lie on the table. Mr. FRYE presented a memorial of the Mercantile Club of The PRESIDENT pro tempore. The Presiding Officer has re Kansas City, Kans., remonstrating against the passage of the so ceived a memorial from Mr. Samuel Gompers, president of the called Grout bill, to regulate the manufacture and sale of oleo American Federation of Labor, protesting against the last bill, margarine; which was ordered to lie on the table. the Chair supposes it is called the conspiracy bill or the injunc He also presented petitions of sundry citizens of New Monmouth, tion bill_, presented by the Senator from Massachusetts [:Mr. of Bricklayers and Plasterers' Local Union No.1, .American Fed HoAR], and as that measure has been reported to the Senate, he eration of Labor, of Lewiston in the State of Maine; of Local asks that the memorial and the letter of the attorney of the Fed Division No. 183, Order of Railway Conductors, of Cumberland, eration may be printed in the RECORD. Is there objection? Md., and of Local Division No. 58, Order of Railway Conductors, Mr. HOAR. I think that would introduce a very awkward of Cedar Rapids, Iowa, praying for the reenactment of the Chinese practice. We very frequently deny like requests to print memo exclusion law; which were ordered to lie on the table. rials and especially to print arguments in the RECORD. Mr. BARD presented a petition of 12 officers of the National The PRESIDENT pro tempore. Then he asks that it may be Guard of California. praying for the enactment of legislation to printed as a document. increase the efficiency of the militia; which was 1·efened to the Mr. HOAR. I would suggest that it be referred to the Judi Committee on :Military .Affairs. . ciary Committee. The memorialists may be quite sure that the Mr. FORAKER presented petitions of Cigar Makers' Local Judiciary Committee will consider with the highest respect the Union No. 87, of Salem; of Tobacco Workers' Local Union No. 25, desire of a gentleman representing so important an association in of Cincinnati; ofinternationalBroomMakers'Local UnionNo. 79, this country and that undoubtedly they will find some way to do of Circleville; of .Amalgamated Glass Workers' International in substance what he desires, which is to give the Senate an op Union No.9, of Cincinnati; and of International Team Drivers' portunity to see it. Local Union No. 101, of Piqua, all of the .American Federation of Mr. MITCHELL. Is there any objection to printing it as a Labor, in the State of Ohio, praying for the reenactment of the document? -Chinese-exclusion law; which were ordered to lie on the table. 1\Ir. HOAR. I do not know. He also presented petitions of Kilnmen's Local Union No.9, of Mr. MITCHELL. I should really like to see it printed as a East Liverpool; of Kilndrawers' Local Unio:a No. 17, of East document. Liverpool; of Operative Potters' Local Union No. 20, of Steuben Mr. HOAR. I have no doubt that will be the report; but it ville ;of Dishmakers' Local Union No. 29, of East Liverpool; of seems to me that if we permit any citizen, however highly re Operative Potters' Local Union No. 31, of East Palestine; of Ware spected, to have communications printed, either as a document or housemen's Local Union No. 48, of East Liverpool; of Operative in the RECORD, we can not deny it to every other citizen. There Potters' Local Union No. 24, of Wellsville; of Operative Potters' fore there should be in all such cases a request from a Senator. Local Union No. 55, of Wellsville; of Operative Potters' Local Now, my suggestion was that the memorial be referred to the Union No. 57, of Niles; of Barbers' Local Union No. 53, of Lan Judiciary Committee, and I made the statement that it would caster; of Journeymen Barbers' Local Union No. 105, of .Akron; undoubtedly be treated with the greatest respect. I suppose the of Ashtabula Division, No. 36, Order of Railway Telegraphers, of committee would report in favor of granting the request, but if Andover; of Railroad Telegraphers' Division No. 48, of Jackson; the Senator from Oregon knows enough of the general matter to of Glass Workers' Local Union No. 16, of Columbus; of Glass make the request that it be printed as a document, I think that Workers' Local Union No. 96, of Steubenville; of Flint Glass entirely comes within a reasonable rule of proceeding. Workers' Local Union No. 81, of Toledo; of Flint Glass Workers' Mr. MITCHELL. I quite agree with the Senator from Massa Local Union No. 39, of Ryesville; of Wood Workers' Local Union chusetts that the request should come from a different source in No. 158, of Cincinnati; of Wood Workers' Local Union No. 89, of order to have it printed either as a document or in the RECORD. Cincinnati; of Wood Workers' Local Union No. 162, of Youngs In this case the request is that it be printed in the RECORD. I ask town; of Wood Workers' Local Union No. 179, of Mansfield; of that it be printed as a document. Typographical Union No. 364, of Coshocton; of Typographical Mr. HOAR. That is all ri~ht. - Union No. 238, of Steubenville; of Typographical Union No. 199, The PRESIDENT pro tempore. The Senator from Oregon asks of Zanesville; of Journeymen Bakers' Local Union No. 128, of unanimous consent that the memorial and the accompanying let Lorain; of Bakers and Confectioners' Local Union No. 174, of ter be printed as a document. Is thE;re objection? The Chair Canton; of Tile Layers and Helpers' Local Union No. 21, of Day hears none, and it is so ordered. ton; of Tile Layers' Local Union of Cleveland; of Stone Cutters' Mr. HOAR. I wish to say that I interposed, not with the least Local Union of Steubenville; of the Marine Engineers' Beneficial purpose of disrespect to Mr. Gompers, but to preserve an orderly Association of Ashtabula; of the Marine Engineers' Beneficial .As and regular proceeding in the Senate. sociation of Toledo; of Iron Molders' Local Union No. 218; of Iron Mr. MITCHELL. Certainly. Molders' Local Union of :Mount Vernon; of Iron Molders' Local REPORTS OF COMMITTEES. Union No. 385, of Hillsboro; of Iron Molders' Local Union No. Mr. HARRIS, from the Committee on Indian .Affairs, to whom 352, of Bucyrus; of Iron Molders' Local Union of Ironton; of was referred the bill (S. 4264) providing that the statutes of lim Iron Molders' Local Union No. 45, of Dayton; of Iron Molders' itations of the several States shall apply as a defense to actions Local Union No. 283, of Hamilton; of Iron Molders' Local Union brought in any courts for_ the recovery of lands patented under No. 307, of Alliance; of Iron Molders' Local Union No. 151, of the treaty of May 10, 1854, between the United States of .America Bellaire; of Iron Molders' Local Union No. 172, of Toledo; of and the Shawnee tribe of Indians, reported it without amendment, Iron Molders' Local Union No. 379, of Steubenville; of Flint and submitted a report thereon. Glass Workers' Local Union No. 124, of Toledo; of Iron Molders' :Mr. DEPEW, from the Committee on Commerce, to whom was Local Union No. 60, of Hamilton; of Iron Molders' Local Union referred the bill (H. R. 3148) for a marine hospital at Buffalo, No. 98, of Columbus; of il·on Molders' Local Union No. 132, of N.Y., reported it without amendment, and submitted a report Zanesville; of Iron Molders' Local Union No. 250, of Massillon; thereon. of Iron Molders' Local Union No. 328, of Crestline; of Iron Mr. GALLINGER. I am directed by the Committee en Pen Molders' Local Union No. 61, of Salem; of Blacksmiths' Local sions, to whom was referred the bill (H. R. 9171) granting an in Union No. 98, of Toledo; of Core 1\!akers' Local Union No. 70, crease of pension to William R. Howsley, to submit an adverse ' 3112 CONGRESSIONAL RECORD-SENATE. MARCH 21,
report thereon. This soldier has died since the date the bill passed He also introduced a bill (S. 4647) to amend section 4929 of the the House of Representatives, and I ask for its indefinite post Revised Statutes, relating to design patents; which was read twice ponement. by its title, and referred to the Committee on Patents. The PRESIDENT pro tempore. The bill will be indefinirely He also introduced the following bills; which were severally postponed. read twice by their titles, and, with the accompanying papers, .Mr. GALLINGER, from the Committee on Pensions, to whom referred ro the Committee on Pensions: were referred the following bills, reported them severally without A bill (S. 4648) granting an increase of pension to Nehemiah P. amendment, and submitted reports thereon: Oakes; · A bill (H. R. 11011) granting an increase of pension to Emily J. A bill (S. 464.9) granting a pension to Ola A. House; Tallman; A bill (S. 4650) granting an increase of pension to Delania Fer- A bill (H. R. 10906) granting a pension to John W. Meade; guson; A bill (H. R. 9178) granting an increase of pension to John M. A bill (S. 4651) granting a pension to John Gallaps; Howe; A bill (S. 4652) granting a pension to Margaret Lipps; A bill (H. R. 1694) granting an increase of pension to Henry A bill (S. 4653) granting a pension to Alice Smith; and Ball· A bill (S. 4654) granting a pension to Isaac F. Moore. A bill (H. R. 2781) granting an increase of pension to Patrick Mr. DILLINGHAM introduced a bill (S. 4655) granting an in Lee; crease of pension to Oliyer K. Wyman; which was read twice by A bill (H. R. 5862) granting an increase of pension to Rollin its title, and referred to the Committee on Pensions. Tyler; and He also introduced a bill (S. 4656) granting an increase of pen~ A bill (H. R. 1696) granting an increase of pension to Frederick sion to Orlando S. Osborn; which was read twice by its title, and, A. Condon. with the accompanying papers, refen·ed to the Committee on Pen Mr. GALLINGER, from the Committee on Pensions, to whom sions. was referred the bill (H. R. 10044) granting an increase of pen Mr. PERKINS introduced a bill (S. 4657) for the erection of a sion to William Larzalere, reported it with an amendment, and statue of Commodore John D. Sloat in the city of 1\ron.terey,CaL; submitted a report thereon. which was read twice by its title, and referred to the Committee Mr. McCUMBER, from the Committee on Pensions, to whom on the Library. was referred the bill (H. R. 10924) granting an increase of pen Mr. GALLINGER introduced a bill (S. 4658) granting an in sion to Elias M. Haight, reported it without amendment, and crease of pension to Charles F. Rand; which was read twice by submitted a report thereon. its title, and referred to the Committee on Pensions. 1\fr. SCOTT, from the Committee on Public Buildings and Mr. HAWLEY introduced a bill (S. 4659) granting an increase Grounds, to whom was referred the bill (S. 637) for the erection of pension to Henry V. Sims; which was 1·ead twice by its title, of a public building at Georgetown, S. C., reported it with an and, with the accompanying paper, referred to the Committee on amendment to the title, and submitted a report thereon. Pensions. JOHN Y. COREY. Mr. CARMACK introduced a bill (S. 4660) for the t·elief of the estate of Zeno T. Harris, deceased; which was read twice by its Mr. GALLINGER. Mr. President, a few days ago the Senate title. and referred to the Committee on Claims. passed a bill (S. 4366) granting a pension to John Y. Corey. It Mr. PENROSE introduced a bill (S. 4661) to correct the mili went to the House of Representatives, but that body passed a tary record of William H. Everson; which was read twice by its separate bill granting a pension to the same soldier, but at a dif title, and referred to the Committee on Military Affairs. ferent rate. I now report back the bill (H. R. 10404) granting a :Mr. PETTUS introduced a bill (S. 4662) for the relief of David pension to John Y. Corey, with an amendment, and ask for its K. 1\--fa:xwell; which was read twice by its title, and referred to present consideration. the Committee on Claims. The PRESIDENT pro tempore. It will be read to the Senate. - Mr. FOSTER of Louisiana introduced a bill -(S. 4663) to au The Secretary read the bill; and by unanimous consent, the thorize the Shreveport Bridge and Terminal Company to con~ Senate, as in Committee of the Whole, proceeded to its considera struct and maintain a bridge across Red River, in the State of tion. Louisiana, at or near Shreveport; which was read twice by its The amendment of the Committee on Pensions was, in line 8, title, and referred to the Committee on Commerce. before the word "dollars," to strike out "twelve" and insert Mr. FORAKER introduced the following bills; which were -"twenty-five;" so as to make the bil11·ead: seyerally read twice by their titles, and, with the accompanying Be i t enacted, etc., ThPvt the Secretary of the Interior be, anu he is hereby, papers, refe1-red to the Committee on Pensions: aut.horized and directed to place on the pension roll. subject to the provisions and limitations of th~ peilSlOn laws, the name of John Y. Corey, late of Com A bill (S. 4664) granting a pension to Maurice W. Canaan; p?.ny B, Eighth R~gim ent United States Infantry, and pay him a pension at A bill (S. 41>65) granting a pension to Sarah J. Fisher; the rate of $25 per month. A bill (S. 4666) granting a pension to Ed. M. Duff; The amendment was agreed to. A bill (S. 4667) granting a pension to Charles J. Terwilliger; The bill was reported to the Senate as amended, and the amend- A bill (S. 41>68) granting a pension to John I. Throckmorton; ment was concurred in. · A bill (S. 4669) granting an increase of pension to John Irvin; The amendment was ordered to be engrossed and the bill to be A bill (S. 4670) granting an increase of pension to Franklin read a third time. Wise; - The bill was read the third time, and passed. A bill (S. 4671) granting an increase of pension to William A. Mr. GALLINGER. I move that the Secretary be directed ro Aultman: request the House of Re;presentatives to return to the Senate the A bill (S. 4672) granting an increase of pension to Cyrus Spriggs; bill (S. 4366) granting a pension to John Y. Corey. A bill (8. 4673) granting a pension to GeorgeS. Foreman; The motion wa.s agreed to. A bill (S. 4674) granting an increase of pension to John G. Reece; BILLS INTRODUCED. A bill (S. 4675) granting an increase of pension to Lillian T. Wood; Mr. DEBOE introduced a bill (S. 4641) for the relief of Benja A bill (S. 4676) granting a pension to Isaac Neer; min Franklin Handforth; which was read twice by its title, and A bill (S. 4677) for the relief of John E. Welch; and referred to the Committee on Claims. A bill (S. 4678) granting an increase of pension to Granville M. He also introduced a bill (S. 4642) granting an increase of pen Hemphill. sion to Annie Dowery; which was read twice by its title, and, with the accompanying papers, referred. to the Committee on .A.ME..'liffillE~ TO APPROPRIATION BILLS. Pensions. Mr. HARRIS submitted an amendment providing that all en~ Mr. NELSON introduced a bill (S. 4643) granting an increase listed men who served as commissioned officers of United States of pension to Phcebe L. Peyton; which was read twice by its title, Volunteers organized in 1898and 1899, or who have served or may and referred to the Committee on Pensions. be serving in the Porto Rico Provisional Regiment or in the Phil 1\fr. PRITCHARD introduced a bill (S. 4644) for the relief of ippine Scouts, may have such period of service counted as if it had Richard Berry; which was read twice by its title, and referred to been rendered as enlisted men and they be entitled to all contin the Committee on Claims; uous-service pay, and to count such service in computing the He also introduced a bill (S. 4645) for the relief of Mrs. M. time necessary to enable them to t·etire, intended to be proposed Elizabeth Hartgmve and others; which was read twice by its by him to the Army appropriation bill; which was referred to the • title, and referred to the Committee on Claims. Committee on Military Affairs, and ordered to be printed. He also introduced a bill (S. 4646) to provide for the erection of Mr. PERKINS submitted an amendment proposing to appropri a monument to Gen. Nathaniel G1·eene on the battlefield of Guil ate $100,000 for improving Oakland Harbor, California, intended ford Court-House; which was read twice by its title- and, with to be proposed by him to the river and harbor appropriation bill; the accompanying paper, referred to the Committee on the Li which was referred to the Commitree on Commerce, and ordered b!ary. to be printed. 1902. .CONGRESSIONAL RECORD-SENATE. 3113
SELDE...~ E.. WIDTCHE.R. The PRESIDE.NT pro tempore. The bill will be temporarily Mr. McCUMBER submitted the following report: la.id aside and the revenue-repeal bill taken up by the Senate. The committee of conference on the disagreeing votes of the two Houses REPEAL OF WAR-REVENUE TAXATION. on the amendment of the Senate to the bill (H. R. 4f88} granting an increase The Senate, as in Committee of the Whole, proceeded to con of pension to Selden E. Whitcher, having met,_ after full and free conference have agreed to recommend and do recommena to their respective Houses as sider the bill (H. R. 10530) to repeal war-revenue taxation, and follows: for other purposes, which had been reported from the Committee That the House recede from its disagreement to the amendment of the on Finance with amendments. Senate and agree to the same with an amendment as follows: In lieu of the sum proposed insert "sixteen;" and the Senate agree to the same. Jrfr. ALDRICH. I ask that the committee amendments be con P. J. McCUMBER, sidered and acted upon as the reading proceeds. N.B.SCOTT, The PRESIDENT pro tempore. The Senator from Rhode Is E. W. CARMACK. land asks unanimous consent that the formal reading of the bill Manage:rs on the pa1·t of the Senate. be dispensed with, that it be read for amendment, and that the W. A. CALDERHEAD, J. N. W. RUMPLE, amendments of the committee shall first receive the consideration J.A. NORTON, of the Senate. Is there objection? The Chair hears none, and it Ma:nagers on the pm·t of the House. is so ordered. The bill will be read. The report was agreed to. The Secretary proceeded to read the bill. The first amendment MESSAGE FRO::tl: THE HOUSE. of the Committee on Finance was, in section 1, page 2, line 2, after the word" tax/' to strike out the words" of one dollar and sixty A message from the Honse of Representativegr by Mr. W. J. cents;~' in line 3, after" imposed," to strike out "thereon" 3J1d BROWNING, its Chief Clerk, announced that the House had agreed insert "by law," and in line 6, after the word " barrel," to insert to the amendments of the Senate to the following bills: ~' th · d d d fin d b t• 3339 f th n · d sta.~- A bill (H. R. 1529) !!'ranting an increase of pension to John G~ as au onze an e e Y sec Ion e ..,."eVIse vc '-' utes of the United States;" so as to read: ° Brower; A bill (H. R. 2673) 2:ranting an increase of pension to John That there shall be paid on all beer, lager beer, ale, porter, and other simi· '-' lar fermented liquor, brewed o:r manufactured and sold, or stored in ware· Vale; house,. or removed for consumption or sale within the United Stu;'-...es, by A bill (H R 3272) granting an increase of p"'nsion to Isra"'l p whatever name such. liquors may be ealled, in lieu of the tax now-imposed · · "" · · "' "" • by law, a tax of $1 for every barrel containing not more than 31 gallons; and Covey; at a like rate for any other quantity or for any fractional part of a barrel, as A bill (H~ R. 4260) t.o correct the military record of James A. authorized and defined by section 3m of the Revised Statutes of the United S;>merville; States. A bill (H. R. 4456) granting a pension to Ruth B. Osborne; The amendment was agreed to. A bill (H. R. 5289) granting a pension to Malvina C. Stith; The next amendment was, in section 3, page 2, line 22, after th() A bill (H. R. 5543) granting an increase of pension to Samuel word "law,'' to strikeout "of 12centsperpound; '' so.as to read: W. Skinner; That upon tobacco and snuff manufactured and sold, or removed for con· A bill (H. R. 6018) granting a pension to Sue Emma McJunkin; sumption or use, there shall be levied and collected, in lieu of the tax now A bill (H. R. 7074) granting a pension to Benjamin F. Draper; im~sed bylaw, the following tans. A bill (H. R. 7823) granting an increase of pension to Jacob D. The amendment was agreed to. Caldwell; The next amendment was, in section 3, page 4, line 3, after the A bill (H. R. 8293) granting a pension to Amanda Jacko; and word" tobacco," to insert" and snuff;" so as to read; A bill (H R 9397) granting a pension to John S Lewis That in addition to the packages of smoking tobacco and snn:ff now · · · • authorized by law there shall be packa~s of 1! ounces, 2 ounces, 2t ounces, 3 The message also announced that the House had agreed to the ounc.es, 31 ounces, and t ounces; and tnere may be a pac(ft.ge containing 1 report of the committee of conference on the disagreeing votes of ounce of smoking tobacco. the two Houses on the amendment of the Senate to the bill (H. R. The amendment was agreed to. 9227) granting an increase of pension to Frederick Shafer. The next amendment was, in section 3, page 4, to strike out all PROTECTION OF THE PRESIDENT.. after line 7 to the end of the section in the following WOl'ds: A1uZ ;p_roviiled further, That on all orig:inal and unbroken factory pa..ckages Mr. HO.AR. I move that the Senate proceed to the consider- of smoking and manufactured tobacco and snuff held by manufacturers or ation of the bill (S. 3653) for the protection of the President of dealers at the time such. reduction of tax shall go into effect, upon which the 'ted S t d f th tax has been paid, ther~ shall be allowed a drawback or rebate of the full the U m ta es, an or o er purposes. amormt of such. reduction of tax., but the same shall not apply in any case The motion was agreed to; and the Senate, as in·Committe.e of where thecla.im has not been presented within sixty days following the date the Whole, resumed the consideration of the bill of the reduction.; and no claim shall be allowed or drawback paid for a less · dm t amount than$10. It shall be the duty of the Ooiillllissioner of Inte:roal Rev- T h e PRESIDENT pro tempore. There IS no amen en pend- enue, with the approval of the Secreta.ryoftheTreas.ury,to adopt mch rules ing now. and regul.ations and to prescribe and furnish Sll.Ch blanks and forms as may Mr. ALDRICH. If there is no Senator ready to speak upon be necessary to carry this section int<> effect. And the Commissioner of Internal Revenue is authorized to emplor. ten the pendin g bill I sh Ould be g lad to call up the war-revenue re- agents, to be known and designated as internal-revenue agents, in addition peal bill and have it read. If we dispose of both measures to-day to the number now authorized in section 3152 of the Revised Statutes as the Senate could readily adjourn over until Monday. However, amended, and the existing provisions of law in all other respects shall apply I do not want to interfere with the discussion of this. hill. to the duties, compe.nsation, and ~nses of such agents. Mr. HO.AR. I have no objection at allr if no one is ready to An.d in lieu thereof to insert: speak, to laying· the bill aside temporarily for a while in order SEc.!. Thatonalloriginaland unbrokenfactorypacka.gesofsmokingand i- th Q to f Rh d Isla d all th b'll h' h manufactured t<>baccoandsnuff held by manufacturers or dealers on July thau e ~0ena r rom O e n may c up · e 1 w IC 1, 1902, upon which there has been paid a higher tax than that provided for he has in charge. Of course, if any Senator is ready to speak on in the preceding section of this act, there shall be allowed a drawback o1· re the bill before the Senate, I shall want to have it proceeded with. bate equal to the full amount of the difference between such. higher tn.x and "t willin' t h •t d tood h the t&x imposed by this r~ct, after making the proper allowance for discounts Mr. ALDRICH . I amqm e g 0 avel un ers tat andrebatesher~toforeauthorized,butthesameshallnotapplyinanyca.se as soon as anyone desires to proceed with the discussion of the where the claim has not been presented within sixty days after July 1,1902; bill for the protection of the President it shall be taken up. and no claim shall be allowed or drawback paid for a less amount than $10. _.,1 th di f th It shall be the duty of the Commissioner of Internal Revenue, with the ap- M r. PATTERSON . H ow 1ong ''" u e rea 1ng o e revenue proval of the Secretary of the Treasury, to adopt such rules and regulations repeal bill occupy?- and toprecribe and furnish such. blanks and forms as may be necessary to Mr. ALDRICH. Very few minuteS'. carrythissec.tionintoeffeet. The PRESIDENT pro. tempore. The· Senator from Rhode The amendment was agreed to. Island asks that the Senate proceed to the consideration of the The next amendment was, in section 6 (7), page 6, line 14., after bill (H. R. 10530) to repeal war-revenue taxation, and for other "That/~ to insert "section 4 of said act of March 2, 1901, and," purposes. If there be no objection- and in line 21, after the word "repealed,'~ to insert" exceptpara- Mr. HO.AR. The pending bill is laid aside informally, not dis- graph 3. of Schedule .A of said act of March 2,1901;" so as to placed? make the the section read: Mr. ALDRICH. Informally. SEc. 6 (7). That section 4of said act of March 2,1901, and sections 6, 12, 18l The PRESIDENT pro tempo:re. The Chair understands: that 20, 21, 22, 23', 2i, 25, Schedule A, Schedule B, section ftl, 28, and 29 of the act or 1u· h tt t +~ ,_ •t u Jrme 1141898, and all amendments of said sections and schedules be, and the Se nat or f rom 1.u.assac use s can move o lK:ll.li.S 1 up av any the same are hereby, repealed, except paragraph 3 of Schedule A of said moment he pleases in the morning hour, and it would come up act of March 2,1901. as unfinished business afterwards. The amendment was agreed to. Mr. HOAR. I understand that the bill has been taken up. The next amencb:p.ent was to strike out section 7, in the fol- The PRESIDENT p:ro tempore. It has been. · lowing words: :Mr. HOAR. So it will not require a new vote. The Senator SEc. 7. Thatsection30ofsaidaetof June13,1898,andamendmentsthereof, from Rhode Island asked that it might be laid aside informally be amended to read as follows: with the statement that at any time if any Senator desired to pro- "SEc. 00. That the tax or duty imposed by section 29 of the a.ct of Jnne-13, · +- ta d · th t · .e 1898, above referred to, shall be due a.nd payable in one year after the death cee d h e wo uld consent · I wan:t to h ave lb s n m a way' h 0f the testator and shall be alien and charge upon the property of every per- the Chair has no objection. son who may die before this act shall take. effect for twenty years or until the 3114 CONGRESSIONAL RECORD-SENATE. ~iARCH 21, .
same shall within that period be fully paid to and discharged by the United "Such receipt or receiJts, duly signed and delivered b such colle-; tor or States; and every executor, administrator, or trustee having m charge or deputy collector, shall be sufficient evidence to entitle such executor, admin trust !.my legacy or distributive share, as aforesaid, shall give notice thereof istrator, or trustee to be credited and allowed such payment by every tri in writing to the collector or "deputy collector of the district where the de bunal which, by the laws of any State or Territory, is, or may be, empcwered ceased grantor or bargainer last resided within thirty days after he shall have to decide upon and settle the accounts of exet;;:utors and administrators. And taken charge of such trust., and every executor, administrator, or trustee, in case such executor, administrator, or trustee shall refuse or neglect to before _Payment and ~atribution to the legatees, or any parties entitled to pay the aforesaid duty or tax to the collector or deputy collector as afore beneficial mterest therem, shall pay to the collector or deputy collector of the said, within the time hereinbefore provided, or shal neglect or r efuse to de district of which the deceased person was a resident, or in which the property liver to said collect.or or deputy collector the duplicate of the schedule, list, was located in case of nonresidents, the amount of the duty or tax assessed or statement of such legacies, property, or personal estate, under oath, as upon such legacy or distributive share, and shall also make and r ender to the aforesaid, or shall neglect or refuse to deliver the schedule, list, or statement said collector or deputy collector a schedule, list, or statement, in duplicate, of such legacies, ~roperty, or personal estate, under oath, as aforesaid, or of the amount of such legacy or distributive share, together with the amount shall deliver to sa1d collector or deputy collector a false schedule or state of duty which has a.ccrued, verified by his oath or affirmation, to be adminis ment of such leo-acies, property, or personal estate, or give the name and tered and certified thereon by some magistrate or officer having lawful power relationship of the persons entitled to beneficial interests therein untruly, or to administer such oaths, in such form and manner as may be prescribed by shall not truly and correctly set forth and state therein the clear value of the Commissioner of Internal Revenue, which schedule, list, or statement such beneficial interest, or where no administration upon such property or shall contain the names of each and every per Eon entitled to any beneficial personal estate shall have been granted or allowed under existing laws, the interest therein, together with the clear value of such interest, the duplicate collector or deputy collector shall make out such lists and valuation as in of which schedule, list, or statement shall be by him immediately delivered, other cases of neglect or refusal, and shall assess the duty thereon; and the and the tax thereon paid to such collector; and upon such payment and de collector shall commence appropriate proceedings before any 1!-.)urt of the livery of such schedule, list. or statement said collector or deputy collector United States, in the name of the United States, against such person or per shall grant to such person paying such duty or tax a receipt or receipts for sons as may have the actual or constructive custody or possession of such the same in duplicate, which shall be prepared as hereinafter provided. property or personal estate, or any :part thereof, and shall subject such :prop "Such receipt or receipts, duly signed and delivered by such collector or erty or personal estate, or any portion of the same, to be sold upon the JUdg deputy collector, shall be sufficient evidence to entitle such executor, admin ment or decree of such court, and from the proceeds of such sale the amount istrator, or trustee to be credited and allowed such payment by every tribu of such tax or duty, together with all costs and expenses of every descrip nal which, by the laws of any State or Territory, is, or ma;v be, empowered tion to be allowed by such court, shall be first paid, and the balance, if any, to decide upon and settle the accounts of executors and administrators. And deposited according to the order of such court, to be paid under its direction in case such executor, administrator, or trustee shall refuse or neglect to pay to such person or persons as shall establish title to the same. the aforesaid duty or tax to the collector or deputy collector, as aforesaid, " The deed or deeds, or any proper conveyance of such property or per within the time hereinbefore provided, or shall neglect or refuse to deliver to sonal estate, or any portion thereof, so sold under such judgment or decree, said collector or deputy collector the duplicate of the schedule, list, or state executed by the officer lawfully charged with carrying the same into eflect, ment of such legacies, property~_or personal estat.e.,~der oath, as aforesaid, shall vest in the purchaser thereof all the title of the delinquent to the prop or shall neglect or refuse to de.river the schedule, list, or statement of such erty or personal estate sold under and by virtue of such judgment or decree, legacies, property, or p ersonal estate, under oath, as aforesaid, or shall and shall release every other portion of such property or personal estate deliver to said collector or deputv collector a false schedule or statement of from the lien or charge thereon created by this act. And every per.son or such legacies, property, or personal estate, or give the names or relationship of persons who shall have in his possession, charge, or custody any record, file, the persons entitled to beneficial interests therein untruly, or shall not truly or paper containing, or supposed to contain, an¥ information concerning such and correctly set forth and state therein the clear value of such beneficial in property or personal estate, as aforesaid passmg from any person who may te:r:ests, or where no administration upon such property or. personal estate die, as aforesaid, shall exhibit the same at the request of the collector or dep shall have been granted or allowed under existing laws, the collector or deputy uty collector of the district, and to any law officer of the United States, in collector shall make out such lists and valuation as in other cases of neglect the performance of his duty under this act, his deputy or agent, who may or refusal, and shall assess the duty thereon; and the collector shall commence desire to examine the same. And if any such person, having in his posses appropriate proceedings before any court of the United States, in the name sion, charge or custody any such records files, or papers, shall refuse or of the United States, a"'ainst such person or persons as may have the actual neglect to exhlbit the same on request, as aforesaid, he shall forfeit and pay or constructive custody or possession of such property or personal estate, the sum of $500: Provided, That in all legal controversies where such deed or or any part thereof, and shall subject such property or personal estat.e, or title shall be the subject of judicial investigation, the recital in said deed any portion of the same, to be sold upon the judgment or decree of such shall be prima facie evidence of its truth, and that the requirements of the court and from the proceeds of such sale the amount of such tax or duty, law had bean complied with by the officers of the Government: .Andf?·o together with all costs and expenses of every description to be allowed by videdju?·fher, That in case of willful neglect, refusal, or false statemen by such court, shall be first paid, and the ba1n.nce1 if any, deposited according to such executor, administrator, or trustee, as aforesaid, he shall be liable to a the order of SlJ&h court, to be paid under its direction to such person or per penalty of not excee~g $1,COO, to ~e r ecovered with costs of suit. Any tax sons as shall es!n.blish title to the same. paid under the proVIslons of sectiOns 29 and 30 shall be deducted from the "The deed or deeds, or any proper conveyance of such property or personal particular legacy or distributive share on account of which the same is estate, or any portion thereof, so sold-under such judgment or decree, exe charged." cuted by the officer lawfully charged with carrying the same into effect, shall vest in the pllrchaser thereof all the title of the delinquent to the prop The amendment was agreed to. erty or personal estate sold under and by virtue of such judgment or decree, The next amendment was, in section 10 (11), page 16, line 19, and shall release every other portion of such property or personal estate a.fter the words '' provided for,'' to insert '' in the preceding sec from the lien or charge thereon created by this act. And every person or persons who shall have in his possession, charge, or custody any record, file, tion;" so as to make the section read: or paper containing, or supposed to contain, any mformation concerning such SEC. 10 (ll). That this act, excep_t as otherwise specially provided for in property or personal estate, as aforesaid, passmg from any person who may the preceding ~:>ection., shall take effect July 1,1902. die, as aforesaid, shall exhibit the same at the request of the collector or deputy collector of the district, and to any law officer of the United States The amendment was agreed to. in the performance of his duty under this act, his deputy or agent, who may The next amendment was to add the following as an additional desire to examine the same. And if any such person, having in his posses sion, charge, or· custody any such records, files, or papers, shall refuse or section to the bill: neglect to exhibit the same on request, as aforesaid, he shall forfeit and pay SEC. 12. That the repeal of existing laws or modifications thereof embraced the sum of $500: Provided, That in all legal controversies where such deed or in this act shall not affect any act done, or any right accruing or accrued, or title shall be the subject of judicial investigation the recital in such deed shall any suit or proceeding had or commenced in any civil cause before the S':l.id be ]Jrima facie evidence of its truth, and that the requirements of the law repeal or modifications; but all rights and liabilities under said laws shall had been comJ;>lied mth by the officers of the Government: And provided continue and may be enforced in the same manner as if said r epeal or modi further, That m case of willful neglect, refusal, or false statement by such fications had not been made. .Any offenses committed and all penalties or executor, administrator, or trustee, as aforesaid, he shall be liable to a pen forfeitures or liabilities incurred prior to the passage of this act under any alty of not exceeding 1,
been paid by persons who had been diligent and prompt in obey With the main objects of the bill I am in entire accord. I want ing the law as it then stood by paying devises or legacies to insti to see a law upon the statute books that will providethatone who tutions of learning and put a reward upon a delay. I was en kills the President or the Vice-President of the United States shall tirely in favor of that provision; it was absolutely right as far as be indicted and tried in the Federal courts-not that I have-fear it went; but it seemed to me then and seems to me now that we of any miscarriage of justice in the State courts and under State ought to refund to the institutions concerned-of-course it all goes laws, but for the sole reason that in quite a number of the States to public objects-the taxes that have been so promptly paid. the death penalty is not imposed for murder, and I think it would I de ire to ask the Senator from Rhode Island if in his opinion be a calamity to have such a man as the murderer of the late such an amendment woulq find an appropriate place in this bill. President sentenced simply to imprisonment for life. He would Of course I do not undertake to commit the chairman or his com always be in the public eye; he would always prove an incentive mittee in regard to the policy one way or phe other, but I simply to those who are in sympathy with him to extol him as a marlyl·; wish to learn whether it would be in accordance with his desire the press would seek him and would be filled from time to time to have that amendment proposed now. I shall not propose it if with descriptions of the man, his doings, his habits, and his words. the committee think it out of place here. Such a result as that would, in my opinion, tend very greatly Mr. ALDRICH; Mr. President, without entering upon a dis to incite weak-minded and vain men to crimes of a similar char cussion of the question as to what should be done in the case the aeter. When the bill accomplishes that end, when it provides Senator from Massachusetts has cited, it seems to me that it must for the trial of one who murders the President or the Vice be apparent to all the Senate that such an amendment would be President in the Federal courts, then I think the true purpose manifestly out of place upon this bill. This is simply a bill for of legislation of this kind will have been accomplished. the repeal of war:..revenue taxation, and it contains no other pro I do not desire to dwell upon mere generalizations. I desire to visions of any kind. So I feel bound by the unanimous expres recur to the features of the bill which I can not support and sion of the committee to resist all amendments of every nature. which I know a number of other Senators can not support. In Mr. HOAR. Under those circumstances, Mr. President, of the first section the language is: course I shall not propose the amendment now. Shall * * * willfully and maliciously kill or cause the death of the Presi Mr. PATTERSON. Mr. President, I should like to be heard dent. upon the bill providing for the protection of the President, unless There has been much controversy between Senators as to the it is the intention to pass the pending bill now. I have no desire effect of language of that kind-" maliciously kill or cause the to interfere with the Senator from Rhode Island, if such is the death "-some Senators contending that that is a description of intention. murder at common law; others that it is not a description of mur Mr. ALDRICH. I ask the Senator from Colorado to allow thig der at common law, and therefore confusion would be trans bill to proceed to the stage of final passage, and· then I promised mitted to the courts through such a law when a person charged the Senator from South Carolina [Mr. TILLMAN], who wants to with the offense should come to trial. · be heard upon a certain feature of the bill, that he should have It seems to me that if there is language about which there is no the opportunity to do so. controversy, and which-has been used time and again by Con -Mr. CLAY. I wish to ask the Senator from Rhode Island a gress in denouncing the unlawful and felonious killing of indi question. As I tmderstand it, this bill repeals all war-revenue viduals within territory that .is under the jurisdiction of the taxes imposed by the law passed in 1898. United States, that language should be employed, and thus re- Mr. ALDRICH. All of them. move all controversy over the meaning of words. . Mr. CLAY. Except as to bucket shops? Mr. HOAR. Mr. President, may I interrupt the Senator for a Mr. ALDRICH. That tax was imposed in 1901. moment? Perhaps it may save him some little debate. Mr. CLAY. I think the Senator from Rhode Island is correct Mr. PATTERSON. I yield to the Senator. as to that. 1\Ir. HOAR. I am perfectly willing, speaking for one-and I Mr. ALDRICH. It repeals absolutely all the war-revenue taxes think there will be no objection anywhere-if it will remove such imposed in 1898. It retains only the tax upon bucket shops, which doubt as the Senator suggests, to have the word ''murder'' used was imposed in 1901. in this bill, and then to add to it something which has been fur The bill was reported to the Senate as amended; and the amend nished me, which I believe is in the handwriting of the Senator ments made as in Committee of the Whole were concurred in. himself and drawn by him. Mr. BACON~ I desire to make an inquiry of the Senator from Mr. PATTERSON. Yes; most of it. Rhode Island. I have not had time to read the bill; it is quite a Mr. HOAR. I have added a sentence or two, to which I think long one; and I wish to ask whether there is any particular pro the Senator will not object. The purpose of the amendment is to vision in the bill as to the time the repeal of these taxes is to take add these words: effect? And any person indicted under the provisions of this section may be con Mr. ALDRICH. The act is to take effect upon the 1st of July, victed of manslaughter, or of assault with intent to kill, if the facts, in the opinion of the jury, do not warrant such conviction and do not warrant a 1902, as to everything except the repeal of the duty on tea. The conviction for murder. And any person found guilty of manslaughter or repeal as to that takes effect on the 1st of January, 1903. such assault hereunder shall be imprisoned not more than twenty years. Mr. BACON. That is the only exception? Mr. ALDRICH. That is the only exception. As to the repeal That is the Senator's precise language, except that I have added of all the other taxes, the act takes effect on the 1st of July next. " or of assault with intent to kill," to cover the case of man The PRESIDENT pro tempore. Shall the amendments be en- slaughter, which is, I believe, in all the State laws, so far as I grossed and the bill read a third time? · know. In all the States an indictment for murder will warrant The amendments were ordered to be engrossed and the bill to a conviction of manslaughter or of assault with intent to kill. be read a third time. I beg the Senator's pardon for the interruption. If the inser The bill was read the third time. tion of that amendment will remove the Senator's objection, I The PRESIDENT pro tempore. The question now is, Shall the shall be glad to agree to it. bill pass? · :Mr. PATTERSON. Mr. President, that language removes my Mr. ELKINS. I ask the Senator from Rhode Island if this bill objection to that part of section 1. The use of the term '' murder'' has been unanimously reported from the Committee on Finance? instead of " maliciously kill or cause the death of " makes it per 1\fr. ALDRICH. It is a unanimous report of that committee. fectly clear, and on the trial of a person accused of this offense I ask now that the vote upon the final passage of the bill be de the courts would have the volumes of judicial decisions with which ferred until after the vote upon the anarchy bill, so called, so as to safely guide the jury in determining the guilt or innocence of to enable the Senator from South Carolina [Mr. TILLMAN] to make the accused. some remarks on the bill. As to the number of persons included in section 1, I agree with The PRESIDENT pro tempore. The Chair hears no objectio the Senator from North Dakota [Mr. McCUMBER] and with sev and it is so ordered. eral Senators upon this side that it is wholly unnecessary to in clude within the purpose of this measure others than the Presi PROTECTION OF THE PRESIDENT. dent and he who is next in succession to him as President of the The Senate, as in Committee of the Whole, resumed the consid United States. eration of the bill (S. 3653) for the protection of the President of The provisions of the bill that I am particularly opnosed to are the United States, and for other purposes. those which declare that advising or counseling or threatening Mr. PATTERSON. Mr. President, owing to the peculiar na the death of the President or Vice-President is a crime to be pun ture of the bill under consideration and the interest the people ished by imprisonment for a long term of years. My objection generally take in it, I think that if the bill as it shall finally be to those provisions are fundamental. I say, without fea,r of suc put to a vote does not meet the views of Senators so that they cessful contradiction, that the Congress of the United States has may vote for it, every Senator so circumstanced should state as never declared that the mere advising or counseling of any crime clearly a.s he can the objections he has to it, which prevent him is a crime, and no State legislature has ever declared that the from giving the bill his support. counseling or advising or any unlawful act is a crime. 3116 CONGRESSIONAL RECORD-SENATE. ~lARCH 21,
That I may not labor under a nllsaifprehension I wouldaskthe My suggestion to him would no more have effect upon his mind Senator from Massachusetts whether or not the following is the than would thB falling of the dew upon the back of an elephant; pm1>0se of the provisions to which I refer, namely, that if one yet if I say to him, Smith or Jones,'' 1 think you should kill the shall advise .or oounsel the mu:rder
'· 1902. CONGRESSIONAL· RECORD-SENATE. 3117
There is not nearly so much probability of convicting an inno The first section of the measure I have prepared is as follows: cent person of a conspiracy where something more than proof of That any person who shall, within the limits of the United States, or auy mere statements or declarations is required. If, in addition, there place subject to the jurisdiction thereof, murder the President or Vice-Pres1· dent of the United States, or the official next in succession to the President must be an act done, then there is a combination of difficulties in under the Constitution and laws of the United States, shall be punished with the way of one who seeks to convict one of such a crime. But death; and an accessory before or after any such offense shall be deemed a where one may be indicted and tried for an offense that consists principal and be punished with death; and any such accessory may be in dicted, tried, and punished, although the other party or parties to such offense wholly of words spoken, yon have·opened the door to persecutions has not or have not been indicted or convicted. that will come nearer creating anarchy than any body of anarch ists can create. Then upon the subject of manslaughter section 2 provides: That any person who sha~ within the limits of the United States, or any We can not expect to overcome every evil that exists- in the place subject to the jurisdictiOn thereof, kill any of the official persons men eountTy. We can not bridle men's tongues so that the words tioned in section 1 under such circu:.mstances as to constitute the killing they utter will be measured by our ideas of propriety. We can manslaughter, he shall be imprisoned not more than twenty years. not erect a standard of moral conduct and force every other citi Upon the subject of assault or attempts to kill section 3 zen to reach that standard or suffer some legal penalty. We must provides: submit to evil. We must realize that we are in the midst of evils, That any person who shall, within the limits of the United State~, or any but to evade them we must not fly to evils that are of far greater place subject to its jurisdiction, assault any of the officialJ?~rsons mentioned moment. It is far better that some ill-bridled tongue in some in section 1 with intent to murder the person so assaulted.., he shall ba I>U»· ished with death, or, in the discretion of thB court, with imprisonment dur village community or in some populous city be permitted to say ing his natu:ralllie, or for a period not less than ten years. that in his judgment the President of the United States should die} or to advise some friend of his to kill him, than to open the It is accepted throughout Christendom that where a homicide door to a pando1·a box of evils which, in my judgment, will force by reason of the attendant circumstances does not amount to the American people before a law of this kind is long upon the murder, but is only manslaughter, a less penalty than death statute books to demand its repeal. should be inflicted within the discretion of the trial judge, and I have an idea that it may be a century before another Presi that is what is intended by the section I have read. dent will be assassinated. · It may be years and years. and years The next section relates to conspiracy. It reads: before anybody will conspire to make away with another Presi SEC. 4. That any-person who shall within the limits of the United States, or any place subJect to the jurisdiction thereof, conspire to murder either dent of the United States. But it is likely to be next year or the of the official persons mentioned in section 1 shall be punished by impri~ committed a crime. Another definition: "Give suggestions or and rme1Ti:ng and certain1 if it is provided beyond escape that advice to concerning a course or act." such an offender shall be properly tried in a Federal court, and All that one has to do is to reflect, not alone upon the possibili whereve1i the offense is proven that the penalty of death shall ties of the abuse of such a statute, but the probabilities of its follow, and if we provide for the. trial in a Fedel'al court, with atbuse. These sections are denounced by every law writer. They full and ample punis-hments, of conspiracies to effect such re are provisions that the sound judgment of every great jndge has sults, and all assaults. with intent to commit such offenses, we pronounced against, and that must convince eve1·y reflecting law have done all that the American Congress) representing the yer are liable to result in persecutions as groundless as they may American people) are called upon to do, and that is all I am will-- be malevolent. ing to do. . In the amendment I have prepared I have attempted to over That the bill provides for the punishment by death of those come these difficulties. I believe that he who murders the Presi who murder some othe1~ officials than the President or Vice-Presi dent or Vice-President should be hanged; thathe.wh.ocommits an dent does not present insuperable objections to me. The objec assault with intent t<> murder the President or Vice-President tions I can not surmount are those to wbich I have at length should be punished commensurately with his crime; that he who called attention. When we invent new offenses and punish men enters into a conspiracy to murder the President or Vice-Pl·esident merely for words spoken-it may be in the privacy of their own should pay the just penalty, and that accessories before or after the homes, o:r in the field standing at the plow, or when holding the fact should be treated as principals, and tried and convicted implements of their trade-we are striking a blow at good order, whether the principals have been tried or convicted or notr and we a1·e making sad inroads upon the right of free speech. also that those who are engaged in a conspiracy, each and all of No man execrates more than I do he who even in the heat of them, should be tried and convicted, even though other members temper advises the killing of any person, especially the President of the conspiracy may have escaped. of the United States; hut simply to prevent a thing of that kind It seems to me that when provisions effectuating such results I do not think it is at all necessary to place it in the power of the are placed upon the statute books, Congress has done all that it evil-minded to create hundreds of criminals where none would legitimately may do in a country where freedom of speech and the exist without. the law. freedom. of the press are among the most cherished rights secured These provisions will not reach the anarchists~ they will not to .A.merican citizen& prevent their assembling, nor insure their punishment. They will 3118 CONGRESSIONAL RECORD- SENATE. M.A.R.CH 21, not prevent the devices of those who seek to overthrow all gov My question is whether, in his judgment, the Senator is quite ernment. warranted, with this lying on our tables, in saying that we have Mr. RAWLINS. Before the Senator concludes I wish to ask gone back to the dark ages with this legislation, and next, what him a question. I am in harmony with the provisions of the I said before, if it be reasonable aiJ.d proper to say that a person amendment proposed by the Senator. I wish to call attention to who instigates another man to fight, and by any words or acts this -point. Suppose there is an indictment under this bill encourages him to it, shall be punished, is it so absolutely horrible against an individual for assault with intent to murder the Presi to punish a man who in that way tries to promote the murder dent, and the evidence tends to disclose a case of assault with in of the President of the United States? tent not to murder but to inflict bodily harm. The p ~ rson could Mr. PATTERSON. Mr. Presid~nt, the offenses. that are re not be convicted or punished. The same suggestion would apply ferred to in the statute (and if I had the book I would perhaps to assault and assault and battery on the President. It might be answer it more intelligently) fall practically on the margin line embraced in the higher charge, but there are no provisions for between what are denominated substantive offenses and offenses punishment either in the bill or in the proposed amendment. that it may be attempted to create simply by advice-or counsel. Mr. PATTERSON. It seems to me that where the circum It is-recognized by the books that the sending of a challenge is a stances attending an assault are such as to indicate that the as breach of the peace. If A sends a challenge to B, orB accepts sault was not made with the purpose to take life, but simply to the challenge, then there is a breach of the peace so imminent inflict a personal injury, then we may well leave the prosecution that the law denounces it in many of the States; and that is rec of any such offense to the local tribunals. I can well understand ognized by the author from which I read as one of the substan that a President or Vice-President may provoke an assault. He tive offenses which does not come within his denunciation. may give such provocation as that in anger one might strike at Mr. HOAR. Mr. President, I ask for my information. I am the President with a weapon that was not deadly in its nature and sure there must be some answer to my question, which I do not was not calculated to produce death, and from the very nature of at this moment, however, see. Does not the Senator consider the the weapon used it would be perfectly clear that the assailant did murder of the President to be a breach of the peace? not attempt death. Under such circumstances the laws of the dif Mr. PATTERSON. Oh, certainly. The Senator from Massa ferent States are practically as one. Whether the offense would chusetts hardly felt that he was under a necessity to ask that occur in the District of Columbia or in an adjoining State or in question to get the answer. any State the law that punishes an assault and battery with intent Mr. HOAR. I did. I put it, if the Senator will pardon me, in to commit a great bodily injury would amply meet the occasion. all seriousness. Mr. RAWLINS. The Senator has had much experience in the Mr. PATTERSON. Let me ask the Senator if to commit a administration of criminal law. It has occurred to me that it robbery is a breach of the peace? would tend to the humane administration of the law to obviate Mr. HOAR. Yes. the difficulty I suggest, because if a person should be indicted for Mr. PATTERSON. Will any statute be found that makes it a an assault on the President with intent to commit murder and crime to advise or suggest to somebody to go and commit a rob the evidence would only warrant a conviction of assault with in bery? tent to do bodily harm, and the jury were told they could not con Mr. HOAR. I should think very likely there would be. There vict under that evidence for a lesser offense, the jury would be ought to be. more inclined, rather than set the defendant free, to render aver Mr. PATTERSON. None can be found. There is a class of dict for the higher offense, while if they were permitted to con offenses, such as challenging to duel and prize-fight combats, sider the different degrees all the way down we would be more where to bring the parties together would necessarily result in a likely to obtain exact justice. breach of the peace. That legislatures have denounced and made There is another suggestion in that regard, that as the· Federal criminal; but that is not in line with what is attempted in this courts take jurisdiction of the protection of the person of the bill. Here is an offense probably by but one individual. A says to President, it might for the time being, if not wholly, exclude the B, "I advise you to go and commit that particular offense." It interference of the State or local authorities. For that reason it does not require anybody to cooperate with him to commit the act. occurred to me that it might be wise to cover the whole category, In other words, if it is robbery, if it is larceny, if it is murder, if fi·om the lowest to the highest degree. it is any cognate offense simply to advise or counsel its commis Ml.·. PATTERSON. I have not the slightest objection to giv sion, if it is never committed or attempted it is not to be treated ing the Federal courts jurisdiction of attempts at personal injury as a crime; and so says Mr. Wharton. to the President or the Vice-President, which would in their at Mr. HOAR. Now, Mr. President-- tendant circumstances fall below the crime of manslaughter. The PRESIDENT pro tempore. Does the Senator from Colo The principle is precisely the same. Where you say that a Fed rado yield? eral court, in the case of an injury to the President, may indict Mr. PATTERSON. Certainly. the offender for manslaughter, there is no reason why, if the of Mr. HOAR. I want to explain my difficulty, if the Senator fense does not amount to manslaughter, he should not be con will allow me. victed of the intent to commit great personal injury. Mr. PATTERSON. Certainly. So far as these matters are concerned, there is nothing vital in Mr. HOAR. I asked the Senator, who thought we had gone any of them. The vital objections to this bill are that it creates· back to the Dark Ages for this proposal, why it was that it was so offenses simply out of words spoken without any result following, objectionable to provide that a man who should instigate or coun words which of themselves do not disturb the peace and words sel another to murder the President should be punished, while at which of themselves do not constitute substantive crimes, such the same time we punish the man who instigates or counsels a as the subornation of perjury, the interference by advice with the person to send a challenge or accept one, or the person who in performance of the duties of a judicial officer. stigates or counsels another to engage in a prize fight, without Those are substantive offenses, because in every case there is regard to the fact whether the advice is taken or the 'counsel is something more than mere counsel or wo1·ds; but the evil in·this acted upon. To that the Senator answered that a prize fight is a measm·e is that a Senator or a Representative or a citizen, how breach of the peace, and that seemed to be his distinction, as far ever high or low, may be accused of having in the privacy of his as I understood it. That is what puzzles me, because, in the first own home counseled or advised the taking off of a PTesident, place, I do not understand why it is not a breach of the peace to and he may be punished by long imprisonment, although it was murder the President, and, in the next place, I do not under never possible that the person advised would do the act and that stand how, if both be a breach of the peace, it makes a difference no attempt had been or would be made to commit it. in the principle. Mr. HOAR. Mr. President, may I ask the Senator a question? Mr. PATTERSON. Let me call the attention of the Senator Mr. PATTERSON. . Certainly, with pleasure. to Wharton on Criminal Law. I ask his attention to the cases by Mr. HOAR. I ask him whether he does distinguish in princi which the statements of the author are supported, and perhaps ple, and if so, how in principle, between the provisions of this that will enable Senators to discriminate between offenses of that bill and the United States statute reported in the penal code by character, the fighting of duels, of :fistic combats, where two or the three commissioners, now on our table, and adopted from more are brought together for the purpose of engaging ,in a fight. the New York penal code. I will read the sections: Section 179 commences as follows: SEC. 3-!6. A J.lerson who instigates.,. aids, encourages, or does any act to fur Are solicitations to commit crime independently indictable? ther a pug"ilistiC encounter within tne meaning of the section last preceding, or sends or publishes a challenge or acceptance of a challenge for such an The Senator will agree that that question is directly pertinent encounter, or carries or delivers such a challenge or acceptance, or trains or assists any person in training or preparing for such an encounter. is punish to the investigation we are now making. able by a fine not to exceed $500 or by imprisonment not to exceed one year, Are solicitations to commit crime independently indictable? or both. SEC. 347. Any words spoken or written or any signs directed or made to any But let me also suggest to the Senator that you may make this person, ex.P.ressing or implying, or intended to express or imply, a desire, re a crime. If this law is enacted you have made that which was quest, inVItation, or demand to engage in any fight, such as is mentioned in the two sections last preceding, shall be deemed a challenge within the mean never a crime before a crime. If some State legislatures have ing of the section last preceding. gone beyond the confines that have been marked out by courts 1902. CONGRESSIONAL RECORD-SENATE. 3119 and legislatures in the past they do not necessarily stand as prece some Senators at least. Where one advises another to commit dents for the present. But I want to meet the Senator upon the an offense and the offense is committed, or counsels it and the ground he himself has laid down. offense is committed, or the attempt is made by virtue of the Mr. HOAR. Perhaps before the Senator proceeds he will allow counsel to commit the offense, he may be an accessory before the me to read one more provision from this penal code, which is fact, but the fact itself is the crime, and if there is no crime there copied from the statute of my own State. can be no accessory to that crime. Mr. PATTERSON. Certainly, The point that I am making against the measure is that if the Mr. HOAR. It is as follows: Senator from Oregon should lose the placidity that is always with SRc. 262. Whoever willfully, in any manner, advises, encourages, abets, or him, if perchance he should be so incensed at some President, assists another in takin& the latter's life, is guilty of aiding suicide, and shall whether of his own party or another, as to in the privacy of his be imprisoned not less than seven years. own house suggest that he should be killed, he would be indict Mr. PATTERSON. I take it that wherever that law has been able, although he had no idea of committing the offense and al made applicable you will find that it has been made applicable to though the person to whom he might make the suggestion never an accomplished offense; that is! where a prize fight has been had any thought of committing it. fought, where one has committed suicide, and then by reason of Mr. VEST. Mr. President, may I ask the Senator from Colo aiding, abetting, or counseling, or advising one has become an rado a-question for information? accessory to it, he has been prosecuted and punished. Mr. PATTERSON. Certainly. Now, let me, reading this author, show how the discriminations 1\fr. VEST. I have listened with very great interest to the are made. The question is, I quote, "Are solicitations to com Senator's argument and I am anxious to understand it fully. mit crime independently indictable?" The Senator admits that Suppose that one of the authors of this new cult of anarchy should, all that this section denounces is a solicitation to commit crime. as the woman did whose name I forget- I continue to read: Mr. HOAR and others. Miss Goldman. They certainly are, as has been seen, when they in themselves involve a Mr. VEST. Suppose Miss Goldman should advocate the killing breach of the public peace, as is the case with challenges to fight and seditious of the President or any of the heads of the Government, and do addresses. They are also indictable when their object is interference with public justice, as where a resistance to the execution of. a judicial writ is it in a public address, and no one should act upon that advice, could counseled. Miss Goldman be punished under his argument? I found the case referred to to support that proposition. It . Mr. PATTERSON. I think so. was one in which an officer was about to execute .the writ. and Mr. VEST. What for? in the presence of the officer the person who was accused adVised Mr. PATTERSON. For the use of language calculated to dis resistance, and resistance followed. I continue: turb the peace. - That would be a seditious utterance in public. Or perjury is advised. Mr. VEST. · That is exactly the point. · Mr. PATTERSON. And the probable or the possible outcome In that case the perjury had been committed. It is distinctly is to incite the hearers of the individual to the commission of stated in the opinion which is the basis of this language, by the violence. author, that conviction could not have followed, although he was Mr. VEST. That is the very point to which I am coming. indicted for subornation of perjury, unless the crime itself, the Then, if I understand the Senator from Colorado, if the bill were substantive crime of perjury, had been established. amended so as to use before the words "counsel and advise" the Now, again: words " in any public address or publication," would it meet his Or the escape of a prisoner is encouraged. objection? That is w:P.ere a prisoner was induced to escape from the cus Mr. PATTERSON. Theni could not, from the standpoint of tody of an officer and he actually made his escape, but was sub usual and ordinary legislation for the preservation of the public sequently recaptured. peace, make any objection to it. The objections that I am now Or the corruption of a public officer. making would not go to an occasion of that kind. No injustice This is where a person was indicted for bribing a public officer. could then be done, Mr. President, for if A orB or C from the He had induced him to violate his duty, and to do so had tendered public rostrum advises a crowd to commit a crime, whether it is him a bribe. the assassination of a President or robbery or any felony, he is I continue to quote: doing that which is calculated to disturb the public peace, and They are indictable, also, when the¥ are in themselves offenses against thereby he has committed a substantive offense that is indictable public decency, as is the case with solicitations to commit sodomy, and they at the common law. are indictable, also, when they constitute accessoryship before the fact. But what I object to is that under the provisions of this bill a Now, I call the attention of the Senator from Massachusetts to man may in his own parlor, talking to a single individual, be this language. After naming the very class Of offenses to which guilty of this offense, although he never contemplated doing the the Senator from Massachusetts called my attention-- act and it was impossible for the person he addressed to commit MI'. MITCHELL. May I ask the Senator from Colorado a the act. If the results would be confined to actual cases of de question right at that point? liberate advice, although it would be in violation of well-settled Mr. PATTERSON. Certainly. principles of jurispn1dence, having in mind our political institu Mr. MITCHEI:JL. The statement which is made is that it was tions, there would not be so great an objection, because it might by indictable as to the accessories before the fact. some show of possibility be said that a man who advised the as Mr. PATTERSON. Yes, sir. sassination of the President even in private should be punished Mr. MITCHELL. Now, suppose a man advises another and for it. · that other man so advised kills the President. But, Mr. President, I refer to the possibility of the evils that Mr. PATTERSON. Then he is a principal. may flow from such a measure. A may appear before a district :Mr. MITCHELL. But is not this authority to the effect that attorney and swear that B advised him to assassinate the Presi in a case of that kind it can be made a substantive offense? dent, and B may be indicted upon that single testimony, and he Mr. PATTERSON. As a matter of course. There is no ques- may be put upon his trial, and the only witness appearing against tion in the world about that. him be the person who made the charge. The charge may be as Mr. MORGAN. May I interrupt the Senator? false as hell, and yet the person be convicted. It is against the Mr. PATTERSON. Certainly. possible and probable evils that bristle all over and all around this Mr. MORGAN. I want to offer an amendment, to come in at provision that I am raising my voice. the close of any bill that may be prepared by a Senator on this I want to reread for the benefit of the Senator from Massa side, which, I think, covers the ground which the two Senators now chusetts, who was not here, I think, when I first read it, this addressing each other have in mind. If the Senato1· will indulge paragraph from Wharton on Criminal Law, for the purpose of me, I will read it. showing how well supported I am in the position I take: Mr. PATTERSON. Certainly. . But is a solicitat~on in~ctable wp.en it is not either (1) a substantive in Mr. MORGAN. It is as follows: dictable offense, as m the instances JUSt named, or (2) a stage toward an inde pendentconsummated offense? And the better opinion is that where the solici The advocacy or encouragement of the assassination of an officer of the tation is not in itself a substantive offense, or where there has been no United States, or the executive head of a foreign government, that is evi progress made toward the consummation of the indeP,endent offense at denced by any act or declaration that is so intended is a crime against the tempted, (3) the question whether the solicitation is by Itself the subject of United St.ates, and i Undoubtedly, when such solicitations are so publicly and indecently made Mr. PATTERSON. Yes, sir. as to produce public scandal, they are indictable as nuisances or as libels. But to make bare solicitations or allurements indictable as attempts, not only Mr. SPOONER. Suppose a man hires another to kill a partic unduly and perilously extends the scope of penal adjudication, but for~ on ular man and pays him for doing it, ought not that to be an of the courts psychological qu~tions which they are incompetent to. demde, fense, though the man was not killed? and a branch of business which would make them despots of every mtellect in the land. Mr. P .A TTERSON. If one hires another, there is an overt act. What human judge can determine that there is such a necessary connec Mr. HOAR. So is this. tion between one man's advice and another man's actions as to make the Mr. SPOONER. Is not advising another to kill an overt ad? former the cause of the latter? An attempt, as has been stated, is such an intentional preliminary g:UUty aetas will apparently res'!llt, in the ust;m~ course Mr. PATTERSON. I will make this statement in reply, that ofnaturalevents, ifnot~dered by extraneous causes.,. I~ the.co:mnusswnof a there has been no provision made in any State against an act of deliberate crime. But this can not be affirmed of aaviCe given to another, that kind; there is no prohibition; but if the attempt is made, if which advice such other person is at full liberty to accept or reject. the killing follows, then the one who hires him to do the act is an . I want to call the attention of the Senator from Massachusetts accessory before the fact. And again, if one hires another to to the fact that the books recognize the distinction between the commit the ad, the employer and employee are guilty of -a fighting of duels and the fighting of fistic combats and mere ad conspiracy, for the two minds have met upon the agreement to vice or counsel to commit a felony, such as murder or robbery. murder. In every case whether the logic may be good or whether the line Mr. SPOONER. Of course, but suppose one advises another of demarcation may be clear it iB not for me to say, but that the to shoot the President, ought that not to be an offense? line has always existed is beyond a doubt. I again challenge a Mr. PATTERSON. Mr. President, I thought I had' made my Senator to find a statute where punishment is prescribed for mere self clear. I say no, not because the advice is not morally wrong, advice or counsel to commit robbery, or advice or counsel to com not because it iB not highly culpable in the field of morals, but mit larceny, or advice or counsel to kill somebody, and where the because, if you make the simple counseling or advising to do a counsel or advice was not given in public. criminal act a crime, then the wrongs that may be perpetrated I say that no such law can be found, and if it does exist it tran under' such a law are of far greater magnitude than to allow scends the clear injunctions that are laid upon all legislative bodies counsel of that kind to go unpunished. It is the abuse that such by the ablest writers upon criminal law that have lived in this a law iB sure to encourage that causes me to hesitate and decline country or in Great Britain. to vote to put it upon the statute book. Mr. HOAR. If the Senator from Colorado will pardon me, I Mr. MITCHELL. May I ask the Senator a question? have exactly the answer to that last suggestion of his which he The PRESIDENT pro tempore. Does the Senator from Colorado challenged me to find. It if3 not robbery or murder, but it is the yield to the' Senator from Oregon? same thing-where the thing is never acted upon, ·the thing is Mr. PATTERSON. Yes, sir. done by one man in secret. This is the United States law-the Mr. MITCHELL. Would the Senator be satisfied with section old law: 3 provided the words " advise or counsel " were stricken out and Whoever entices _ XXXV~ --196 3122 CONGRESSIONAL RECORD-SENATE. 1\lARCH 21, attack the occupant of the Presidential office there can be no pos alone, we should have stopped there in enacting this security, but sible doubt. as with the almost universal acceptance of the people we have One of the distinguished Senators in opposition said yesterday concluded that there should be seven high officials besides upon that the bill suggested imperialism. How frequently we have whom that office might devolve, we have included them, so that heard that word in the last few years! In season and out of season if there should be another and successful conspiracy like that it has been invoked. It never occurred to me, Mr. P.resident, that against Lincoln, or another and a successful conspiracy like the inthecontemplationofthispenalmeasuretheword''imperialism'' Thistlewood case, where they expected to destroy the whole Cab could possibly enter into the debate. But here it is. In what inet, there should be a punishment for it, if it were aimed against does the imperialism consist, and where in this measure, drafted all the persons whom we had provided might succeed, or if with by the able and distinguished Senator from Massachusetts [Mr. out conspiracy there were an attempt at the same time to destroy Ho..rn], is there lurking any suggestion of imperialism? It is in each one of these officials. the seventh section, and what is that? Is this section a strange, Now, suppose Lincoln had been slain and Johnson had been unnatm·al, and unreasonable provision? Let us see. I find noth slain, as that most dangerous conspiracy purposed and Stanton - ing occult about it; I find nothing strange about it. In the lan had been slain. One of the conspirators werit to Stanton's house. guage of that section- It was intended to strike down the Cabinet. Finding Grant with The Secretary of War is authorized and directed to select and detail from him, who had gone in just before to the room where Stanton was the Regular Army a sufficient number of officers and men to guard and pro alone, the ruffian retreated without accomplishing his purpose. tect the person of the President of the United States. That is not unlikely in times of great ex:jtement and turmoil. So Would there have been the same criticism about it if there it seems to me that whenever we say there shall be an officer 'should have been a detail of detectives from the Secret Service? ready to take the E~ecutive office in case those coming before him Would there have been any suggestion of imperialism had the dis fall, we ought also when we come to say that the crime against tinguished Senator from Massachusetts so drafted the bill as to the Executive office shall be treated as a crime against the Gov authorize the Secretary of War or any other Cabinet officer to ernment of the United States, the same limitations should apply; designate private citizens for the protection of the person of the and that is the theory on which the committee went. Pre ident? No. The mere fact that the detail is to be made from Mr. ::M:cCillffiER. :Mr. President, replying most briefly to the the Army of the United States is made the basis of the charge of statement of the Senator from Massachusetts in 1·eference to the imperialism. theory upon which section 1 was made a part of this bill, I only Mr. President, I have not that fear of the Army of our country wish to observe that while the theo1·y as expressed by him is cer which seems to possess our friends in opposition. During the few tain1y most commendable, we must judge all acts from the stand years of my presence here I have heard the Army arraigned and point of their natural operation, and when I see such a wide di held up to the condemnation of the world as being a grave menace vergence between the theory and the operation of this bill, I can to the liberties of the people of the United States. When the hardly allow the theoretical conclusion of the committee to bind Secretary of War, under the authority granted by the section of me in supporting the bill if the operation is entirely antagonistic the bill just read, shall detail officers and men from the Army he to it. . will detail men of capacity, not tyrants, not our arch enemies, but Mr. President, in all sincerity I asked the Senator from Indiana men sworn to obey the law, men who, out of their love for the [}rir. F .AIRB.A.NKS] the simple question whether or not he consid Government, are willing and ready always to lay down their lives ered a mere assault with intent to kill, without even endangering that it may not perish or suffer dishonor. or taking the life of the Attorney-General, an assault against the One of the opposing Senators-I believe it was the Senator from Government itself, as against our sovereignty. His answer was Tennessee [Mr. CARM.A.CK]-said yesterday that this section was predicated upon the theory that the Attorney-General and all of 1·epugnant to our democratic theories of government; contrary to those who would take precedence in falling into this official posi the genius of our institutions; that the President would be sur tion in case of the death of the President would all be wiped off rounded by bayonets, and that there would be on all occasions the the face of the earth substantially at one time. The question I manifestation of military power and military display. No, Mr. presented, however, was the simple one whether or not an as President; that is unnecessary under the carefully guarded and sault upon the Attorney-General, such as is provided in section 2 wise provisions of this section. of the bill, which is punishable by death, while all of the other The author of this bill, in order to guard against that very officers were still in existence, would be either a blow against the charge and that very possibility has written here the significant sovereignty or could be construed as in any way endangering the words '' without any unnecessary display.'' And furthermore- line of succession. The Secretary of Waris authorized and directed to make special rules and regulations as to dress, arms. and equipment. and duties of said guard, and There can be but one answer to that question, and that is a shall publish only such parts of said rules ana regulations as he may deem negative answer. An assault to-day upon the AttOl'ney-General proper. or the Secretary of the Interior, simply with intent to kill him, The detail may be appareled in civilian dress; they may attend whe1·e that attempt is not carried into effect, would not in any the President or they may not, in the wise discretion of the Sec way affect the matter upon whom the office would dev-olve, be retary of War. When there is need for protection it will be fur- cause the President would still hold it. I speak of this, certainly, . nished as it is furnished now by another Department of the not from a partisan standpoint. I am sorry I can not agree with Government, and if there be at any time great peril-and we can the majority upon this side of the Chamber, but my objection is see but a little way into the future-here upon the statute books not to the constitutionality but the advisability of section 2 of the is the authority placed in the hands of the Secretary of War to bill. I have noticed that nearly all those persons who have spoken make such adequate provision as in his judgment is nece sary to on the subject confined themselves to the President. I agree with save the people from the loss of the President of the United States. them there. I agree with this bill so far as it seeks to protect the :Mr. President, the measure is a brief one, and it seems to me life of the President, but it does seem to me to be unjust, it does an eminently judicious and wise one. There are no harsh pro seem to me more or less inhumane when a mere assault with in visions in it. There is no suggestion of c111elty in it, as was in tent to kill one person, seventh in the line of succession, not car dicated by the honable Senator from Colorado. It deals with as ried into effect in the slightest degree, results in the gallows for grave and serious a subject as can engage our attention. There that individual. But I object to it more particularly because it is no precedent for it. Now is the time to make a precedent. raises one class of citizens above another in the operation of all The supreme power is in the Congress of the United States. The of the laws of the United States, and on that ground alone, and bill will not accomplish all. It will not be an absolute insurance so far as it pertains to section 2 alone, I find the bill objectionable. against assault upon the President and others in the line of suc Mr. HOAR. The Attorney-General may not be seventh in the cession; but we may indulge the hope that it will in some meas line of succession. He may be first after the Vice-President. ure better safeguard the President who, by the suffrage of his The person who may succeed is only the Cabinet officer who has countrymen, has become the embodiment of the majesty and been appointed, by the advice and consent of the Senate, and has power of the great Republic. taken the oath. This condition is likely to happen in time of dis 1\Ir. HOAR. Mr. President, nobody seems inclined to take the turbance, at the coming in of a new President. For instance, floor just now, and I should like to put on record by itself what take the case of PI·esident Hayes. Suppose the Attorney-General I think I have said before with respect to the theory on which the is the only member of the Cabinet who has taken the oath-- committee went in including the Cabinet officers. We consid J'l.fi·. McCillffiER. I can answer that. ered that when the law settled what was the necessary precau Mr. HOAR. And the Vice-President ha.s not taken the oath; tion in having at hand to succeed to the Presidential office other that he is sick. The Attorney-General might be second. officials in case the Presidency and Vice-Presidency were both Mr. McCUMBER. If all of the lives of the others have been vacant, it settled what officer should be surrounded with such se destroyed-- curities, whatever they were, as we thought fit to give to the ex Mr. HOAR. They have gone out. ecutive puwer of the Government. Mr. McCUMBER. Whether they have gone out or otherwise, If the matter had rested a the Constitution left it before Con by a violent death by reason of the act of any person, he may be gress had passed any law, with the President and Vice-President punished by death. If, on the other hand, he goes further than 1902. CONGRESSIONAL RECORD-SENATE. 3123 that, and if all the t·est have gone out, if you can possibly con into a class, but the great office, which is what weare protecting, ceive of a condition of that character, then if a man kills the the Constitution and laws have made something different from Attorney-General he will be punished by death under the first the position of a private citizen. subdivision, and if he simply makes an a-ssault it does not destroy Neither the Senator from North Dakota nor I claim any dis the line of succession, and therefore we need not impose such a tinction lrom our neighbors and friends when we go home. But heavy penalty as the death penalty for a mere a-ssault, say, with nobody can an-est either of us here or when we go or come for a intent to kill. debt, and no court can seize upon us for trial or punishment for Mr. HOAR. The object of this bill is to suppress the crime anything but trea-son or felony or breach of the peace. Does the against the Government by making a serious impairment or en Senator from North Dakota think he is in a class or that I am in I dangering of its operations, and if it be proper to punish the crime a class or that the republican framers of the Constitution meant of attempting to kill the President, then the question is whether to create a class when they said that when the Senate is in session you should go beyond that, and if so, how far? Now it seems to or I am going or coming to or from attendance here my creditor me that you should go beyond it to include all tlle persons whom should not take me for debt, and that no court should call upon the law includes as entitled to the succession in any contingency, me as a witness or should punish me for contempt or should im making seven persons besides the President and Vice-President. prison me for any offense. even perjury or assault, however he..i The case of President Hayes's succession excited great public feel nous, unless it were a felonious assault, because I was in a class? ing. There was at the time a threat by a very worthy and enthu It is because the office of Senator of the United States is necessary siastic gentleman to bring a hundred thousand Kentuckians here for the welfare of the American people and the functions of that to stop that performance. office shall not he interrupted by anybody. That is what the Con Now, suppose after the old Cabinet had gone out and President stitution did. Grant had gone on.t, too, and the Vice-President, those attempts Now, the proposed law says that there shall be no interruption had been made. There might very naturally have been a time in the Executive function, or as little interruption as the law of when President Hayes's Cabinet had not got hm·e from their humanity will admit, for the protection of the American people. various places of residence and that nobody but the Attorney If a man is sentenced to be hung to-morrow in Providence, R. I. , General would be here. Some unexpected tlling always happens and some evidence come which shows he wa.s an innocent man, so in such cases. Instead of speculating on what is probable or what that there should be a respite or a pardon within an hour to save may happen, it seems to me the statesmanlike and tlle business the man's life, the law says that man shall not go to his death like way is to say we will have so many persons ready to take it because we can not have a President of the United States for a up, and then we will protect them alike by what we deem suffi week. If news come by telegraph that our legation in China is cient legal securities. in deadly peril and that men, women, and children are in danger I think one of the most comforting things that wa.s said to the p~ of having their throats cut by a barbarous mob, this law say ple in my part of the country when President McKinley died, and there shall be somebody in Washington who in fifteen minutes there was a terrible feeling of insecurity and danger to the Repub can order our troops from the Philippine Islands to go to the res lic, nobody knowing how far the anarchists' schemes might spread, cue, and we shall not wait a week. that '' you can not endanger this Republic. There are nine strong How many men are we to have ready to succeed, one after an men, of whom you have destroyed but one. Eight in succession other, that that great power and function may not fail? The Con are ready to take up the burden and cany out the policy which gress of the United States, lately on the fullest consideration, said the American people have indorsed in their recent election., there ought to be nine. If there ought to be nine men ready, count Now, that was a comforting thought. I think the fact that our ing the existing President, thm·e ought to be nine men whose lives strand did not consist of one or two or three threads only, but shall be safe against criminals who try to strike at the security of that th-ere were nine, was a comforting thought. the Government, and those nine should be protected by law as far That being ti·ue, is it not also true, if that is a Teasonable ar as possible. If the law be reasonable, it is reasonable in its appli rangement, that whatever security is proper and constitutional cation to everyone. If the law be unreasonable, it is unreasonable and reasonable and republican for one of these, shonld be pro in its application to anyone. vided for them all? It is very likely that at a time when these BUt I can not see, as I said before, any foundation for the sug offenses are most likely to happen one of the latest on the list in gestion that there is a class. Did Gro\rer Cleveland and Ben the succession statute may be the only man who stands between jamin Harrison, when they passed out of that portal, constitute the Presidency and the interruption of the executive power. a class? They went back as equals to the equal citizenship from Ml·. McCUMBER. But, Mr. President, according to the terms whence they came. But when they are in that building, clothed of this bill it does not stop in its operation at the mere matter of with the Presidential office, it is the dignity and the majesty of the Attorney-General or any of these other officers being killed the American people which is theirs, and which we are bound in because they would be next in succession, and it seems to me if their persons to protect. that is the intention of the framers of this bill it should be limited We protect the :flag from outrage. Is one bit of bunting or one to the cases where such killing would operate to break the line of bit of silk any better than another? Not at all. But when you succession. A mere assault upon the Secreta1·y of the Treasury put the Stars and Stripes on it and it floats at the head of a regi or the Secretary of the Interior to-day would neither endanger nor ment of American soldim·s it is the dignity and authority of the would it operate to break the line of succession in any way what American people of which it is the symbol. Then if a man aim a ever,and hence if that is the object, why not word the bill so that blow or a shot at it, if he would tear it or rend it or soil it or hauJ it will correspond with the object as expressed by the Senator from it down where it is t·ightfully representing freedom and justice Massachusetts? and the doctrine of the United States Constitution, he is commit But he goes ftuiher and makes the mere assault upon any of ting the one intolerable and inexpressible outrage which it is pos these other persons, independent of whether or not it affects the sible for any man to commit. Is it any less an intolerable and succession, a crime punishable by death, and to that extent places inexpressible outrage when a man strikes at the dignity and au them entirely upon a different standing from other American citi thority of the American people as it is clothed and embodied and zens without the virtne of a necessity in order to protect the suc represented in the person of the living citizen whom the American ces ion. That is the effect. people themselves have selected and chosen as their honored and Mr. HOAR. If it were not for my-profound respect for the Sena lawful representative? tors who are convinced by the argument, I do not think I should The PRESIDING OFFICER (:!lu·. MITCHELL in the chair). The let the notion that we ought to put into this bill that a crime is bill is in Committee of the Whole and open to amendment. If committed" because of the official chat·acter of the person" im there are no further amendments the bill will be reported to the pressmeveryseriously. Suppose somebody burns a United States Senate. The Chair undel'Stands that the unanimous agreement court-house or post-office or puts a bomb in it. He means to de was that no vote should be taken before 4 o'clock. What is the stroy the thing, and he knows that the destruction of the thing pleasure of the Senate? will give injury to the property of the United States. Did any Mr. ALDRJCH. If there is no on~ to speak further upon the. body ever hear that you should put into the criminal law that if pending bill, I ask that it be informally laid aside and that we may he did it because it was a court-house of the United States or be proceed with the further consideration of the revenue repeal bill. cause it was a post-office of the United States he was to be tried The PRESIDING OFFICER. Is there objection to the propo· in a Federal court, and if he did not, he should be tried in a sition of the .&mator from Rhode Island? The Chan· hears none. State court? The man knowingly and maliciously does or tries do what is an offense against the Government. REPEAL OF W.A.R-REVE~E TAXATION. In the case of the Secretary of the Interior or the Attorney-Gen The Senate resumed the consideration of the bill (H, R. 10530) eral, he tries to destroy, and knows he is trying to destroy, one to repeal war-revenue taxation. and for other purposes. of the legal safeguards which Congress in its wisdom deems nec The PRESIDING OFFICER. The question is on the final essary to the Presidential office. We say that anybody who strikes passage of the bill. at any one of them hall be punished for an offense against the Mr. TILLMAN. Mr. President. this bill comes to the Senate _people of the United States. The man, 1\:fr. Kn<>x, is not taken with the unanimous report of the Committee on Finance. It r ( ' 3124 CONGRESSIONAL RECORD- SENATE. MARCH 21, · ~volves wiping off the statute books the special taxes levied or pro Mr. George Hewlett, chairma~ of the board of ~experts, I have the honor Vlded for the war with Spain. There is one item in it differing to say that I have consulteq WI~h th~ ~a exammer relative to the subject ~atter, and to report that ill hiS oprmon the tea imported since the imposi from all others, inasmuch as it is a tariff item. If it were not tion of the 10 cc=:nts per POUJ?-d duty has been of higher grade, on the aver th~t anr s~enuo~ effort which I might have made in regard to age, than that unporte~ priOr ~hereto. It has also eliminated, to a great extent, t"!J-e attempted I~portations of teas of very low grade which was this tariff 1tem nnght have provoked a tariff debate and in some common ill 1897 and preV1ous years. ' measure jeopardized the repeal of these war taxes I would not have. consented to let the bill reach its present stage without There are two other simila1· statements from the Government offenng an amendment. I do not propose to offer an amendment collectors which I will ask to have inserted as bearing upon this but .I desire to present brie.fly ~o the Senate some reasons why subject. section 50 of the old law, which 1s repealed, ought to remain upon The PRESIDENT pro tempore. The Chair hears no objection. the statute books. The matter referred to is as follows: From Mr. I. McGay, United States examiner of teas, port of New York I will say in this connection that, while I doubt whether even N.Y., dated December 19, 1901: ' at the next session of Congress there will be any tariff legislation "In • - • 1902. CON.GRESSIONAL RECORD-SENATE. 3125 Shepard. He has devoted his time and money and attention to planters in the British colonies, as they .begin to realize the hopelessness of bringing American tea drinkers to use the black tea instead of the green. this suoject. Being a kind of retired business man, having quit The manufacture of .green tea in the United States can be made successful his profession actively, and having plenty of this world's goods, only by the invention of machinery which shall take the place of expensive he took up the culture of tea as a fad. hand labor and prevent the waste which accompanies the latter. These ques After the expiration of Mr. Le Due's term, and the indifference tions are all being investigated by the Department, etc. with which two or three of his successors had treated the experi Mr. President, the point to which I desire to attract the atten ment, he pursued it with great ardor, and four or five years ago tion of Senators is that we have in South Carolina and necessarily he had so far succeeded that the Senate, at my suggestion, ap in the whole Southern belt a very large negro population. In propriated a certain amount of money in the Agricultural appro this especial neighborhood, where Dr. Shepard's tea plantation priation bill to lend Government aid to his experiments with ma lies, the relative proportion of whites and blacks is about seven chinery and the methods of manipulation, so as to demonstrate, if to one-seven negToes to one white person. Along the entire coast possible, the practicability of the land' in our section of the country belt in my State, where this tea will be grown, if ever, that is being made profitable by tea culture and the use of negro children about the proportion of negro people to white people. as laborers in picking the leaves. Merely alluding in passing to the possibilities of the utilization I submit the following letter from Dr. Shepard on this subject: of this labor, which is now running to waste and largely in a very OFFICE OF SPECIAL AGENT TEA CULTURE, pauperized and mi.serable condition, I will pass on to the other UNITED STATES DEPARTMENT AGRICULTURE, phase, to which I ask the especial attention of the Republicans in Pinehurst, Summerville, S.C., February 20, 190B. this Chamber. That party has stood almost since its organiza MY DEAR Sm: I would most respectfully ask your assistance in defeating the repeal of the war tax on foreign teas so wisely and welcomely established tion for protection to American industries, for the assistance of by yourself. Under its kind asSlstance, and that of Congress ill providing all the infant industries that are promising, that would enable funds for experimentation in tea culture, the hope of successfully launching a. Americans to produce what Americans co:t;tsume. If there is any new industry in the Southern States has favorably progressed. In this im mediate neighborhood a tea estate of 1 000 acres is being .gradually established, one subject upon which Republicans all are dyed in the wool, it and foreign capitalists are seeking to illvest1 $200,000 in another. is probably the protective idea. In addition to numerous smaller undertakings, correspondence with the You have carried that theory to such an extent that, notwith officers of some of the leading trunk lines of the South and Southwest leads me to believe that they will locate large experimental tea estates along their standing it is contended-and I think with great truth and force railroads. that protection has gone mad, and that we are now not satisfied But the repeal of the tax on foreign teas will deprive American growers with giving the infants the bottle, but that after the infants are of assistance equivalent to the difference in the cost per pound of tea between the local and oriental price of labor, and not only discourage those who have grown and have become giants any effort to take the bottle away embarked in this industry which -promised so well for them, as it also did for or to take away the beef or whatever other food they feed upon idle hands and waste places in the Southern States, but prevent others who and grow so fat raises a howl; and when, by reason of the fact are now favorably considering the project from attempting to follow them. Yours, very respectfully, that they are protected against foreign competition, they have CHARLES U. SHEPARD, come together in combinations, oTganizing trusts to monopolize Special .Agent for Tea Culture. the American market and force the consumers to pay the combi Ron. BENJAMIN R. TILLMAN, nation or monopoly any price they see fit to ·charge, which shall United States Senate, Washington, D. C. not exceed the cost price plns the tariff and plus the transporta I have here the last report of our present able and most prac tion charges, nothing seems to be farther from the thought of the tical Secretary of Agriculture, a man whose common sense Republicans in this Chamber than any reform of the tariff which appeals to the respect of everyone who comes in contact with shall give the consumers of the United States relief from these him, and this is his official statement as to the present status: overgrown tariff infants that have become such gluttons. In my last report attention was called to the efforts being made by ilie But here is a poor, little, measly Southern tariff baby, with only Department in the :production of tea. For several years Dr. Charles U. one protected citizen, so far, one South Carolinian, who is getting Shepard, a public-spirited citizen of Summerville, S. C., has been experi menting with a view of obtaining information as to the practicability of 10 cents a pound protection. but whose efforts in-a scientific producing American tea, and his efforts promised so much of value that it way have so far demonstrated the practicability and successful seemed proper for the Department to render assistance in certain directions. inauguration of a new industry there, and it is proposed to strike To this end arrangements were made with Dr. Shepard whereby certain machinery, etc., were to be furnished in order to settle some questions per that from the statute books and leave on those books all of these taining to the commercial production of tea. other trust-protected industries or schedules. Throughout the work the que~on of labor has been an important one; Having called your attention to the fact that we have a little but through Dr. Shepard's efforts there has been adopted a method for util izing the labor of colored children. What Dr. Shepard has accomplished in baby in South Carolina that might, with your assistance and this matter in his region could undoubtedly be brought about in other sec benevolence, yield some aid and comfort to those little colored tions of the South< where much idle labor is awaiting proper utilization. Dr. children in the way of calico frocks, handkerchiefs, ribbons, and Shei,>ard has estaolished schools on his place, and ill these the children are received and educated, and at the same time are taught to pluck tea and a little better food, and in time enable capital to go into those perform other work in connection with the production of the crop. For land-s, which are now selling for from only one to five dollars an such work fair wages are.paid, and in this way interest is maintained. acre, and by training the negroes in planting tea, have that re The ex~riments so far conducted have shown that tea may be produced in the Uruted States in two ways: (1) By families in their gardens, as was gion blossom like the rose; and notifying you that, whenever an demonstrated years ago to be entirely feasible, and (2) on a commercial opportunity offers, if I am in this Chamber, I propose to press scale, after the manner followed by the British East Indian tea establish for a tariff both on tea and on coffee-althongh we have not any ments and the beet-sugar industry. The work at Summerville was started with a view of ascertaining whether coffee plantations down there, yet we have got some in Porto under favorable conditions tea ylantations could be made to yield as much Rico, we are going to have some in the Philippines, and we have as the average oriental production, and whether the crop could be marketed got some in Hawaii-but as a Democrat, desirous of having a at a fair profiit. The results obtained have been affirmative, the crop of 1000, although not so large as expected early in the season, exceeding that of revenue tariff mainly, with incidental protection, I will let this any previous year by at least 12 per cent, and the entire ~roduct being sold bill come to a vote and subside for the prese:p.t. before it was all .gathered to a prominent Northern distributing house at a The PRESIDENT pro tempore. The question is, Shall the bill price that gave a fair profit. As further evidence that tea can be profitably grown in the United States, pass? capitalists are already making preparations to begin the work in certain The bill was passed. parts of the South on a more or less extensive scale. A company with a capi tal of $50,000 is being organized, and will endeavor to secure a location having MARINE HOSPITAL .A.T BUFFALO, N. Y. soil and climatic conditions adapted to the growth of tea, and where labor, such as Dr. Shepard utilizes, can be secured. · Mr. DEPEW. I ask unanimous consent for the immediate From what has already been accomplished it has been shown that a good consideration of the bill (H. R. 3148) for a marine hospital at grade of tea can be grownandputon the market in bulk at a cost not exceed Buffalo, N.Y., which was favorably reported this morning by mg 15 cents per pound. Under average conditions an acre will yield 400 pounds of marketable tea,.and this, at 15 cents per pound, would make the the Committee on Commerce. expeme of growing it $60 per acre. The tea should sell in bulk for at least 30 There being no objection, the Senate, as in Committee of the cents per found, and the profit on this basis would be 100 per cent. Besides Whole, proceeded to consider the bill. the cost o marketing, however, there are other expenses to be considered, namely, the salary of a suJlerintendent and the interest of the money invested Mr. PETTUS. I want to suggest to the SenatoT from New in the plant, which would, of course, cut down the profits. York that I think he has got a few words in the bill which are The Secretary does not mention anything about the interest on too broad. The bill provides that the State of New York shall the money invested in the land itself. He continues: cede jurisdiction over the proposed site to the United States "for all purposes." That is never done in these cases. The jurisdic · From the foregoing it seems that the commercial possibilities of tea pro duction in this country can no longer be questioned, but there are still many tion is ceded to the United States, but not for all purposes. I · points to be settled, especially as regards the improvement of the product. merely suggest to the Senator from New York that he leave out During the past year experiments have been undertaken for the purpose of of the bill the words ''for all purposes. determining the effect of jrrigation on tea and of shading the plants from the direct rays of the sun. W8rl!: has also been inaugu.ratea with a view of re Mr. DEPEW. This is a House bill. and if amended it will ducing the cost of the preparation of tea, especially the green tea. The ex have to be returned to that body. · periments in irrigating and shading, which will be continued, have given Mr. PETTUS. Such words are never inserted in bills of this promising results, the shaded plants giving nearly double the yield of the unshaded, and a much finer grade of leaf. chara-cter. The States always maintain the right to execute In the future special attention will be given to the manufacture of pure process and things of that sort. It is sufficient if jurisdiction ia green tea. This subject is now claiming the attention of both inventors and ceded to the United States, bu~ if ~ded " ~o~ all purposes" it • 3126 CONGRESSIONAL RECORD- SENATE. MARCH 21, would not be possible for the State to exercise any jurisdiction grasp. the scope of that amendment. I desire to aslr the distin whatever. guished author of it whether the purpose of that amendment and Mr. DEPEW. The State of New York is perfectly willing and the effect of it., if adopted, would be to make ita crime to advocate anxious to have the United States have this land for all purposes. the assassination of any officer of the United States of any one of Mr. HOAR. Mr. President, if you have a United States build the departments? ing in which the United States has exclusive jurisdiction" for Mr. MORGAN. That is right. all pm·poses," then anybody may go there to escape a constable Mr. BACON. · In other words, to make it a crime to advocate or to commit any small offense day or night. You will have a the assassination of any officer either of the legislative, executive, little Alsatia in a populous city, because you have nothing but or judicial departments of the Government. United State law and United States authority there. Mr. MORGAN. Yes, sir; that is the intention of it. Mr. DEPEW. Then, Mr. President, I will move to strike from Mr. TELLER. Mr. President,·! do not know what the effect the bill, on page 2, line 1, the words "for all purposes." of that amendment will be, but apparently it is to enlarge this The PRESIDENT pro tempore. The amendment will be stated. bill very much beyond the scope of what anybody during this The SECRETARY. On page 2, line 1, after the word" same," it debate has thought good policy even though we might have the is proposed to strike out ' for all purposes;" so as to make the power to enact it. I think I shall vote '' nay " on it. bill read: Mr. HOAR. Mr. President, when I first heard that amend Be i t enacted, etc., That the Secretary of the Treasury be, and he is hereby ment read I thought it provided a penalty of fifteen yea1·s and not autho!·ized and directed to purchase or otherwise procure a suitable site, and fifty years, and it struck me that there was no great objedion to cau e to be erected thereon, at the city of Buffalo, N. Y., a suitable and com modlous building for a marine hospital (the plans and estimates for said it; but the more I think of it the more it seems to me that it is building to be prepared, examined, and approved in accordance with the law not wise to go beyond this bill for the protection of the Executive in such cases made and provided), at a. total cost which shall not exceed the offi~e and go into the general question of protecting all the offi sum of l25,(XX) when :fina.lly completed: Provided, That no money appropri ated for said building shall be used until a valid title to the sito selected shall cers of this Government and foreign countries. We want to be vested in the United States, nor until the State of New Yol'k shall have have such a provision in a separate measure, well considered, ceded jurisdiction over the same dm·ing the time the United States shall be and containing, very likely, a good deal more than this provision. and remain the owner thereof. I think the putting into any penal legislation a provi ion that The amendment was agreed to. the maximum penalty shall be fifty years imprisonment will The bill was reported to the Senate as amended, and the amend strike the public rather unpleasantly. So I shall Y"ote against it. ment was concurred in. Ml·. FAIRBANKS. I will ask the Senator from Ma sachusetts The amendment was ordered to be engro sed and the bill to be if there is not pending before the Judiciary Committee a bill read a third time. dealing with this general subject which will receive consideration? The bill was reacl the third time, and passed. :Mr. HOAR. There is pending a bill for that purpose, covering MARY F. KEY. the whole matte1· of anarchy and the overthrow of all public 1,11·. GALLINGER. I ask unanimous consent for the present authority. consideration of the bill (H. R. 11145) granting an increase of nen- Mr. MORGAN. Mr. President, I feel very much more con sion to Ma1·y F . Key. - cerned in repressing anarchy and assassination than I do in pun ere being no objection, the Senate, as in Committee of the i bing somebody who has committed the act itself. We are much hole, proceeded to consider the bill. It proposes to place on the more concerned in that. This country has got to be a sort of ension roll the name of Mary F. Key widow of Richard S. Key, place of refuge for men who come here and concoct anarchy and ate of Company D, Palmetto Regiment> South Carolina Volun assassination and proclaim it from the house tops; they organize eer Infantry, war with Mexico, and to pay her a pension of $16 societies, and, under the exiting law, unless you can trace up a per month in lieu of that she is now receiving. conspiracy to commit a special murder upon a special person they The bill was reported to the Senate without amendment, ordered entirely escape all punishment and all recognition as criminals. to a third reading, read the third time, and pa ed. Now there are some anarchists in this country to-day, avowed and open-mouthed anarchists, who ought to be locked up for life. PROTECTION OF THE PRESIDENT. Yet if the Senator from Massachusetts objects to locking a man The Senate, as in Committee of the Whole-, I'esumed the con- up for life and wants to lock him up for fifteen years only, I will sideration of the bill (S. 3653) for the protection of the President . amend this amendment, with his permission and the consent of of the United States, and foT other purposes. the Senate, so as to reduce the extreme penalty to fifteen years. Mr. HOAR. Mr. President, in section 3, page 2, line 11 of the But this amendment, Mr. Pre ident, if we will put it into this bill the word "instigate'' should be stricken out and the words bill, will show a purpose on the part of the Congress of the United "aid abet" substituted. That change was ordered by the Sen- States to stop this business of cultivating anarchy in secret meet ate wherever the word" instigate" occurs, but it seems to have ings and in public meetings also, which is now pervading the escaped the notice of the clerks. I ask unanimous consent that whole of large neighborhoods in t.hia country, doing enormous that modification be now made. mischief and bringing us into a state of suspicion with foreign The PRESIDENT pro tempore. The Senator from Massachu- governments. · sett proposes an amendment, which will be stated. The assassination of the late King of Italy seemed to be directly The SECRETARY. On page 2, section 3., line 11, after the word attributable to a combination that was formed in New Jersey. " shall " it is proposed to strike out" instigate" and insert "aid That is the opinion of the world, and I share in it; I believe in it. abet."' ' We ought, therefore, to protect foreign executive officers, the The amendment was agreed to. heads of governments, against the machinations of the people who Mr. MORGAN. Mr. President, I submit the amendment which find shelter in this free liberal Republic of ours. Republican in- I send to the desk. stitutions are terribly disgraced when they become a resort and The PRESIDENT pro tempore. The amendment submitted by place of re!ng~ f simple a matter that I can scarcely consider that any lawye-r in who. has a1s.o been. unexpectedly called from the Chamber, I desire this body or· any person else, even though he be nonprofessional, to submit an amendment in the nature of a substitute. would want to know anything more about in than merelya.state- The PRESIDENT pro tempore. The Senator from Texas sub- ment of the proposition. I have no particular desire to advocate mits, on behalf of his colleague, an amendment. It will l:le stated. it, but at the same time I think it is right. The SECRETARY~ It is proposed to strike out all after the enact- The PRESIDENT pro tempoTe. The Senator from Alaba.ma ing clause and insert: asks unanimous consent to modify his amendment. SE.c:ri-GN l .. Tha.t :my peTson who sha.lh within the limits of the United Mr. MORGAN. Yes, by inserting "fifteen years," if the Sen- Stat.es or any place subJect to the jurisdiCtion thereof. w.illfully and mali- . f ,..,. h tt · · ts •t ciously kiTI the President of th0 United States or the official next in succes- ator rom .~.ua S &'lC use s l.IlSlS upon 1 · · sion to the Presidency under the Constitution and laws of the United State The PRESIDENT pro tempore. Is there objection? The-Chah: or who shall willfully and. maliciously kill the sovereign or chief magistrate hears none, and the amendment is modified by changing the·term · of any foreign country, sluill be 11mrished with death. SE:c. ». That any person who shall, witirin the limits of" the United State 0 f fiftY years t 0 fift een. 011 any };llaca subject to tlw juriscliction thereof, attempt to c In lines 8 am.d 9 on page 1, strike-out the wolrds '' cause the death to the amendment proposed by the Senator from Texas ~M:r. ' of·'·' and insert in lieu thereof the- f0llowing, to wit:. "felDniously C'u:LBERSONJ. · and of malice aforethought kill and mm·d.er~'' The amendment was. J:ej'ected. Between the w€>rds "the H a.nd "killing," in line 3 on page 2., Mr. BACON. I now ask that the amendment offe1."ed by me insert the word'' felonious;'' and in line 8 on same page~ between may be placed before the SenateL the- words ',.the'' and '' killing '' insert the word "·felonious.',. The PRESIDENT pro tempo-re. The Senator from Georgia In line 18, pag& 2, strike out the words "threat~n to kill or." offers an. amendment, which will be stated. In line 19, page 2, between the words" to" and'-' kill," inse:tt The SE.C.&ETAB.Y. It is pr0posed to strike out. all after the en- the- word " fel~miously." acting- clause, and insert~ Mr. HOAR. ~fr. President. I ho'r.\A the amendments will not be That any person who shall\ within the limits of th~ United: States or any , ¥~ place subject to the jurisdiction thereof, willfully kill or callSe the death of adopted. The tendency of legislation in many of the States is, ro the President or Vice-President of the United States, because of his offieial get rid of the word u feloni-ous.'' They have made in various position or with the intention to destroy the Government, or any depart States new definitiDns, mah,;..,..,... the fact woother or not it is a fel- ment thereof, or o.f impa~ the execution of its constitutional powel'S,. .01.: J>..J..LJ.O who shall willfully and maliCiously cause the d~th of the sovereign or cni.er ony depend upon the punishment. We abandoned it in Massa- magistrate of any foreign eonn.trv, shall be punished with death.. ch.usetts in the. year 1852,. oow fifty years ago I was myself a SEe. 2: That any person who shal4 withiD. the limits of the- United States membe:r ef the legislature·, and introduced and earried th?ough or any place subject to the jurisdiction thereof. attempt to commit either of th& offenses mentioned in the foregoing section shallr be punished with death. the measure striking out the word ''felonious '-'- in eriminal plead>- Sxc. 3. That any person. who shall, with the intent aforesai~ within the ing. The objection is- that where yolll. use the, word" felonious" limits of the United States or any place Sllbject to the jurisdiction thereof, ou can not J. oin in the same indictment any other form of offense aid or abet the killing of the President or Vice-President of the United States, Y or shall conspire with any other person to accomplish the same, or who shall which is not felonious. Ther& are in many jurisdictions provi- aid or a.bet the killing of the sovereign. or chief magistrate of any foreign sion& about felony; for instance,. that the prison.er who is under country, or shall conspire with any other person to accomplish the sa.me, . 1 d 1-.~ b t hims If d shall be punished by imJ>riSonment not exceeding,twenty yea1-s. b a il may appear b Y h 1B counse an uu a sen e ' an may S1l:c. 4:. That any person who has conspired as a.foresa.id may: be indicted plead by counsel unless the matter be a felony. The word does and convicted separately, although the other party or parties to the conspip not add anything or subtract anything from th& substance of the acy are not indicted or conyicted. u. 1 b · · t · t , .~ SEc. 5. 'l'ha;[!!an personwhoshailwillfullyandkn.owinglya.idin the escape 0 ff ense, but J.Lr on Y nngs m a grea many anCien common-lii!W o~ any person · ty of either of ~he offenses mentioned in the preceding sec- refinements in modes of procedure which have been found exceed- tions shall be eemed an accomplice after-the fact. and shall be punished as ingly embarrassing. if e. principal, altho~h the other party or parties to said offense shall not be 0 I am not prepared to debate the question without refreshing my in~i~~- TJ:t~"!t cases 8il'ising under this act the presumption of law shall memo:ry by looking at the authorities; but I am quite sure that be that the killing or ca.llSing the dea.th of the President or Vice-President of nothing good will be accomplished by it and that a great deal, if the United States, or the attempting to kill or canse the death of either of · h. f tl t f · · will :tl.t saidofficers,wasbecauseofhisoffi.cia.lposition,andwiththeintenttodestroy no t o f nnsc re , a eas O m~onvemence, rest · the Government, or a department thereof, and to impair the execution of its The PRESIDENT pro tempore. The question is on agreeing to. constitutional powers. the amendme-nts proposed by the Senator from Mississippi~ The PRESIDENT pro tempore. The question is on agreeing to The amendments were rejected. the amendment offered by the Senator from Goorgia. The PRESIDENT pro tempore. Are there any further amend- Mr. BACON Let us have the yeas and nays. ments? The yeas and nays were ordered; and the Secretary proceeded MI·. BAILEY. On behalf of my colleague [Mr. CULBERS.ONI, to call the- roll. 3128 CONGRESSIONAL RECORD-SENATE. MARCH 21, Mr. BERRY (when his name was called). I am paired with Lodge, Perkins, Scott, Wellington, McCumber, Pettus Spooner, Wetmore. the Senator from Maryland [Mr. McCoMAS]. If he were present, McMillan, Platt, Conn. Stewart , I should vote '' yea.'' · Mitchell, Proctor, Teller, Mr. BA~EY (~hen Mr. C~LBERSON'S name was called). My Nelson, Quarles, Warren, colleague Is unavoidably detamed from the Chamber. His regu NOT VOTING-25. lar pair is with the Senator from Wisconsin [Mr. QUARLES] but by Berry, Jones, Ark. Mason, - Q:uay, Clapp, Jones, Nev. Millard, S"liD.Illons an arrangement it has been transferred to the Senator fro~ Penn Clark, Mont. Kean, Money, Simon, sylvania [Mr. PENROSE]. If my colleague were present, he would Culberson, McComas, Morgan, Turner. vote'' yea.'' Daniel, McEnery, Penrose, Mr. DEPEW (when his name was called). I have a general Dietrich, McLaurm, Miss. Platt N.Y. pair with the Senator from Louisiana [Mr. McENERY], and the Dolliver, McLaurin, S.C. Pritchi.rd, So Senator from Idaho [Mr. HEITFELD] has a general pair with my Mr. BACON'S amendment was rejected. colleague (1\Ir. PLATT of New York]. We have exchanged pairs Mr. PATTERSON. I submit an amendment in the nature of and the Senator from Idaho and I will vote. I vote" nay." ' a substitute, and ask to have it read. Mr. FOSTER of Washington (when his name was called). I The PRESIDENT pro tempore. The Senator from Colorado am paired with the Senator from Mississippi [Mr. McLAURIN]. I offers an amendment. which will be stated. transfer the pair to the Senator from Oregon [Mr. SIMON] and The SECRETARY. It is proposed to strike out all after the will vote. I vote "nay." · enacting clause and insert: Mr. HANSBROUGH (when his name was called). I have a That an.Y person wbp ~a~ , 'Yithin the limits of the United States, or any plac~ subJect to ~e Jlll'lSdlCtion thereof murder the President or Vice pair with the senior Senator from Virginia [Mr. DANIEL]. I do not President of the Uruted States, or the offictal1 next in succession to the Presi know how he would vote, and I will take the liberty of transfer d~nt under the Constitution and laws of the United States, shall be punished ring the pair to the junior Senator from Illinois [Mr. MASON] Wl~ d~th; and an ac~ssory b.efore or after any such offense shall be deemed a _Pnnctp~l and be p~rushed With death; and any such accessory may be in and will vote. I vote "nay." ' dicted, tried, and purushed, although the other p!I.rty or parties to such offense Mr. DRYDEN (when Mr. KEAN 's name was called). My col has not or have not been indicted or convicted. SEc. 2. That any person who shall, within the limits of the United States league is necessarily absent. He is paired with the senior Sena or anyplac~ subj~t to the jurisdicti_on thereof, kill any of the official personS tor from Washington [Mr. TuRNER]. mentiOned m section 1 under such crrcumstances as to constitute the killing Mr. BAILEY (when the name of Mr. McLAURIN of Mississippi manslaughter, he shall be imprisoned not more than twenty years. SEc. 3. Thati a_ny per!lO~ w~o ~11, within the limits of the United States, was called). The Senator from Mississippi [Mr. McLAURIN] has or any place subJect to Its JuriSdiction, assault any of the official persons men been called from the Chamber, and he requested me to state that tion~d m se9tion 1 with in.tent to ~urde:r the person so assaulted, he shall be he is paired regularly with the Senator from Washington [Mr. purushed With deat~,~ or, m the discretiOn of the court, with imprisonment during his natural riie, or for a period not less than ten years. FOSTER] and that the pair, by agreement and for convenience, SEC. 4. That any person who shall, within the limits of the United States had been transferre~ t? ~he. Senator from Oregon [Mr. SIMON]. or any P!ace subject to th~ juris~ctio~ thereof, conspire to murder either of The Senator from Mississippi requested me to iitate that if pres the officml persons mentioned m section 1, shall be punished by imprison ent he would vote for any bill or amendment which sought to ment not more than twenty years; and any person who has conspired as aforesa~d may be indict-ed and convicted seP.arately, although the other party punish any offender who killed the President or any of the officers or parties to the conspll'8.cy have not been mdicted or convicted. intended to be protected by this bill, by reason of their official SEC. 5. That the Secretary of War is authorized and directed to select and position, and that he would vote against any proposition which detail from the Regular Army a sufficient number of officers and men to guard and protect the person of the President of the United Stat~s without did not recognize that distinction. In accordance with that state any unnecessary display. ment, if he were present he would vote "yea" on this amendment. And the f?ecretary of War is authorized and directed to make special rules and regulatio~ as to dress, arms, and eguipment and duties of said guard, Mr. MORGAN (when his name was called). I am paired with and shall publish only such parts of said rules and regulations as he may the Senator from Pennsylvania [Mr. QUAY]. If he were present, deem proper. I should vote ''yea.'' . That the additional expenses of such guard so detailed -shall be paid ont of - the Treasury, on accounts to be certified by the Secretary of War to the Sec- Mr. PRITCHARD (when his name was called). I have a _gen retary of the Treasury. . eral pair with the junior Senator from South Carolina LMr. McLAURIN]. If he were present, I should vote "nay." The PRESIDENT pro tempore. The question is on ag1·eeing to Mr. QUARLES (when his name was called). I have a general the amendment proposed by the Senator from Colorado. pair with the senior Senator from Texas [Mr. CuLBERSON]. I Mr. TELLER. Let us have the yeas and nays. . transfer the pair to the senior Senator from Pennsylvania [Mr. The yeas and nays were ordered; and the Secretary proceeded PENROSE], and will vote. I vote "nay." to call the roll. . Mr. SIMMONS (when his name was called). I have a pair with Mr. FOSTER of Washington (when his name was called). I the junior Senator from Minnesota [Mr. CLAPP]. If he were have a general pair with the junior Senator from Mississippi [Mr. present, I should vote " yea." McLAURIN]. If he were present, he would vote "yea." I transfer Mr. WARREN (when his name was called). I have a regular my pair to the Senator from Oregon [Mr. SIMON], and will vote. pair with the senior Senator from Washington [Mr. TURNER]. I vote "nay." I understand a mutual agreement has been made whereby the Sen Mr. DRYDEN (when Mr. KEAN's name was called). My col ator from Washington stands paired with the senior Senator from league is absent. He' is paired with the senior Senator from Wash New Jersey [Mr. KEAN]. The pairwillremainduringthevoting. ington [Mr. Tu~~R]. So I shall vote. I vote "nay." Mr. MORGAN (when his name was called). I am paired with The roll call was concluded. the Senator from Pennsylvania [Mr. QUAY]. If he were present, Mr. BEVERIDGE. I have a standing pair with the senior Sen I should vote '' yea.'' . ator from Montana [Mr. CLARK 1. I voted. and I now observe that Mr. PRITCHARD (when his name was called). I again an he is absent. I therefore transfer my pair to the senior Senator nounce my pair with the junior Senator from South Carolina from Nebraska [Mr. DIETRICH] and will let my vote stand and [Mr. McLAURIN]. If he were present, I should vote "nay." I will vote on subsequent roll calls. ' Mr. QUARLES (when his namewascalled). I desir.etorenew Mr. ALLISON. My colleague [Mr. DoLLIVER] is necessarily the statement regarding my pair and its transfer made upon the absent, and is paired on all questions regarding the bill with the last vote. I will vote. I vote "nay." senior Senator from Mississippi [Mr. MONEY]. If my colleague Mr. SIMMONS (when his name was called). I desire to state were present, he would vote "nay." I do not know how the Sen- again that I am paired with the Senator from Minnesota [Mr. ator from Mississippi would vote. . CLAPP]. If he were present, I should vote '' yea.'' Mr. BAILEY. In 'tiew of the statement of the Senator from The roll call having been concluded, the result was announced Iowa, I desire to state that if the Senator from Mississippi [Mr. yeas 18, nays 45; as follows: MoNEY] were present, he would vote "yea." YEA8-18. Bacon, Carmack, Mallory, Teller, The result was announced-yeas 14, nays 49; as follows: Bailey, Clay, Martin, Tillman, Bate, Dubois, Patterwn, Vest. YEA8-H. BerryJ Harris, Rawlins, Bacon, Carmack, Martin, Tillman, Blackourn, Heitfeld, Taliaferro, Bailey, Clare Patterson, Vest. NAYS-45. Bate, Fos r,La. Rawlins, Aldrich, Dryden, Hansbrough, Platt, Conn. Blackburn, Mallory, Taliaferro, Allison, Elkins Hawley, Proctor, Bard, • Fairba'nks, Hoar, Quarles, NAYB-49. Beveridge, Foraker, Kearns, Scott, Aldrich, Cockrell, Fairbanks, . Hanna, Burnham, Foster, La. Kittredge, Spooner, Allison, Cullom, Foraker, Hansprough, Burrows Foster, Wash. Lodge, Stewart, Bard, Deboe, Foster, Wash. HarriS, Clark, Wyo. Frye, McComas, Warre~ Beveridge, DiWfnw Ha.wlefd, Cockrell, Galllilger, McMillan, Wellingwu, Burnham, D' · gham, GaFrllin · feer, Heitfe Cullom, Gamble, Mitchell, Wetmore. Burrows, Dr~ en, Gamb e, Hoar, Deboe, Gibson, Nelson, Burton, Du is, Gibson, Kearns, Depew, Hale, Perkins, C~rk, Wyo. Elkins, Hale, Kittredge, Dillingham, Hanna, Pettus, . (l r 1302. CONGRESSIO~AL RECORD-SENATE. 3129 NOT VOTING-25. The bill was ordered to be engrossed fora third reading; and it Burton, Jones, .A:r k. Mason Quay, was read the third time. · Clapp, Jones, Nev. Millard, Simmons, Clark, Mont. Kean, Money, Simon, The PRESIDENT pro tempore. Shall the bill pass? Culberson, McCumber, Morgan, Turner. Mi. HOAR. On the passage of the bill I ask for the yeas and Daniel, McEnery, Penrose, nays. Dietrich, McLaurin, Miss. Platt, N. Y. Dolliver, McLaurin, S.C. Pritchard, The yeas and nays were ordered; and the Secretary proceeded to call the roll. . So Mr. PATTERSON'S amendment was rejected. Mr. BAILEY (when Mr. CuLBERSON's name was called). My The PRESIDENT pro tempore. Are there further amend- colleague [Mr. CULBERSON] is unavoidably detained from the ments? . Senate and is paired with the Senator from PennRylvania [Mr. Mr. MALLORY. Mr. President, I offer the amendment which PENROSE]. If my colleague were present, he would vote "nay." I send to the desk. · Mr. ALLISON (when Mr. DOLLIVER's name was called). My The PRESIDENT pro tempore. The amendment will be read. colleague [Mr. DoLLrv~ is necessarily absent from the Cham The SECRETARY. Strike out all of section 7 and insert: ber. If he were present, he would vote "yea." He is paired with SEc. 7. That the Secretary of the Treasury is authorized and directed to employ such number of competent, experienced, and discreet men in the the senior Senator from Mississippi [Mr. MONEY]. secret-service division of his Department as he ma¥ deem necessary to guard Mr. FOSTER of Washington (when his name was called). I and protect the person of the President of the Uruted States and to prevent have a general pair with the Senator from Mississippi [Mr. the consummation of designs and conspiracies against his personal security, and to cause them to be so disposed as at all times to assure as effectually as McLAURIN]. I transfer that pair to the Senator from Oregon possible the security of the person of the President. [Mr. SIMON] and I vote "yea." The PRESIDENT pro tempore. The question is on the amend Mr. HALE (when his name was called). I am paired with the ment o~ the Senator from Florida [Mr. MALLORY]. Senator from Arkansas [Mr. JONES]. Otherwise I should vote The Amendment was rejected. "yea." Mr. TELLER. I have an amendment that I desire to offer as Mr. DRYDEN (when Mr. KEAN's name was called). My col a substitute for section 7. league [Mr. KEAN] is absent and is paired with the senior Sena The PRESIDENT pro tempore. The Senator from Colorado tor from Washington [Mr. TURNER]. offers an amendment, which will be read. Mr. PETTUS (when Mr. MoRGAN 'S name was called). The The SECRETARY. Strike out section 7 and insert the following: senior Senator from Alabama [Mr. MoRGAN] is absent. He is . SEc. 7. That· the Secretary of War is hereby directed to employ a suffi paired with the Senator from Pennsylvania [Mr. QUAY] . Cient number of persons to guard and prot~ct the person of the President of Mr. PRITCHARD (when his name was called). I again an the United States; and he shall make all necessary rules and regulations as nounce my pair with the junior Senator from South Carolina he may consider necessary as to equipment and duties of said guard, and shall publish only such parts of said rules and regulations as he may deem [Mr. McLAURIN]. I transfer that pair to the junior Senator proper. from Nebraska [Mr. MILLARD], and vote "yea." Mr. TELLER. Mr. President, I believe that amendment will Mr. QUARLES (when his name was called). I desire tore accomplish all that is sought or desired by the seventh section. peat the announcement of my pair and its transfer. I vote It will not be objectionable, as the seventh section is, because of "yea." . the use of the Army to perform a purely civil function. It is Mr. SIMMONS (when his name was called). lam paired with contrary to American doctrine that the Army should be used ex the junior Senator from Minnesota [Mr. CLAPP]. I am in cept in case of war or in case of extreme violence by large forces. formed that if the junior Senator from Minnesota were present he I believe this is better adapted to accomplish what the friends of would vote " yea." I will therefore vote. I vote " yea." the bill see fit than the section as it stands in the bill. The roll call having been concluded, the result was announced I wish to say, however, that, as much as the seventh section is yeas 52, nays 15; as follows: objectionable to me, I propose to vote for the bill, even if this YEAS-52.• amendment is voted down. I have voted for several amendments Aldrich, Dillingham, • Hansbrough, Perkins, Allison, Dryden, Harris, Platt, Conn. to-day that I believed would have greatly improved the bill, but Bard, Dubois, Hawley, Pritchard, the majority do not seem to be in accord with my views on that Beveridge, Elkins Heitfeld, Proctor, subject. I am anxious that some bill shall be passed covering this Burnham, Fair~nks, Hoar, Quarles, Burrows, Foraker Kearns. Scott, question. Although I am not satisfied with some features of the Bm·ton, Foster, La. Kittredge, Simmons, bill, I expect to vote for it on its final passage. Clark, Mont. Foster, Wash. Lodge, Spooner, The PRESIDENT pro tempore. The question is on agreeing Clark, Wyo. Frye, McComas, Stewart, Cockrell, Gallinger, McMillan, Teller, to the amendment proposed by the Senator from Colorado [Mr. Cullom, Gamble, Martin, Vest, TELLER]. Deboe, Gibson, Mitchell, Warren, The amendment was rejected. Depew, Hanna, Nelson, Wetmore. Mr. McCUMBER. Mr. President, I offer the amendment NAYS-15. which I send to the desk. . Bacon, Blackburn, Mallory, Taliaferro, Bailey, Carmack, Patterson, Tillman The PRESIDENT pro tempore. The amendment will be read. Bate, Clay, Pettus, Wellington. The SECRETARY. Amend section 2 by striking out all of said Berry, McCumber, Rawlins, section after the word " commit," in line 2 on page 2, and insert NOT VOTING-21. ing in lieu thereof the words: Clapp, Jones, .A:rk. Mason~, Quay, Such offense against the President of the United States shall be punished Culberson, Jones, Nev. Millara, S'imon, with death. Daniel, Kean, Money, Turner. Dietrich, McEnerr, Morgan, The PRESIDENT pro tempore. The question is on agreeing Dolliver, McLaunn,Miss. Penrose to the amendment.. . Hale, McLaurin, S.C. Platt,N. Y. Mr. BACON. Let us see what is the connection. We do not So the bill was passed. know what is the full purport of the amendment. Mr. HOAR. I should like to have the clause read as it would IMITATION DAIRY PRODUCTS. read if ame~de9. as proposed. Mr. PROCTOR. I move that the Senate proceed to the consid· The PRESIDENT pro tempore. The section will be read as it eration of House bill9206, known as the oleomargarine bill. would stand if amended. Mr. BAILEY. Mr. President, I rise to a parliamentary inquiry, The SECRETARY. On page 2, line 2, after the word" commit," Is that the regular order of business without a motion? · insert: • The PRESIDENT pro tempore. It is not. Such offense against the President of the United States shall be punished Mr. BERRY~ The Senator from Vermont makes the motion with death. • now. So that if amended section 2 would read: ~{r. BAILEY. Without a motion, I desire to inquire what That any person who shall, within the limits of the United States or any would be the regular order. place subject.to the jurisdiction thereof, attempt to commit such offense The PRESIDENT pro tempore. The Senator from Vermont against the P_resident of the United States shall be punished with death. moves that the Senate proceed to the consideration of the bill in- Mr. HOAR. The amendment proposes to leave out everyone dicated by him. · except-- Mr. PROCTOR. It is the first bill on the Calendar at the :Mr. McCUMBER. It simply leaves out everyone except the point reached when the Calendar was last under consider~tion. President. Mr. BAILEY. Then it would be the regular order whenever The PRESIDENT pro tempore. The question is on agreeing the Senate proceeded to consider the Calendar? to the amendment proposed by the Senator from North Dakota Mr. PROCTOR. Itwould be. (Mr. McCUMBER]. Mr. BAILEY. It would be the regular order of business? The amendment was rejected. Mr. GALLINGER. Under Rule VITI. The bill was reported to the Senate as amended, and the amend Mr. HOAR. Would it not be under the restricted rule as to D :)nts werlll ~oncurred in. five minutes' debate, or under Rule VITI? ,. 3130 CONGRESSIONAL RECOJtD-SENATE~ MAROH 21, Mlr. BAILEY~ I am seeking for information. CONFIRMATIONS. Mr. HOAR. I ask the Chair if this motion were not made and Executive nomination confi7~med by the Serwte Mm·ch 5, 1902. the bill came up as the· first on the Calendar, whether it would - not be under the restriction of Rule Vill. So this motion brings POSTI\IASTER. • it under the general rule of debate. Jennie MeA. Park, to. be postmaster at Libonia, in the county MJ;. CULLOM~ It takes it up for consideration without any of Franklin and State of Pennsylvania. limitation. Executive nom,"bnation confirmed by-the Se-na:te· March 14, 190,1J , The PRESIDENT p~o. tempore. What was the inquir-y of the Senator from Texas? POSTMASTER. Mr, BAILEY. I desire-to inquire of the Chair whether;.in the Jessie Ranton, to be postmaster at Sheldon, in the county of ab ence of the motion submitted by the Senator fmm Vennont, Iroquois and State of illinois. . tllls bill would be the regular order? The PRESIDENT pro. tempore. It would: not. ·Exec1.Ctive nominations confirmed by- the Sen.ate Ma1·ch 21, rD03. Mr. BAILEY. Then, I desire to· inquire of the Chair, if this COLLECTOR OF CUSTOMS. motion should be voted down what would be· the :regUlar order of ·Mar hall L. King, of Virginia, to oo collector of cnstollli! for busine s? the, district of Alexandria, in the State· of Vn·ginia. The PRESIDENT pro tempore. The Chrur is inclined to think it would be No.1 on the Calendar. There is no Calendar under APPOINTMENTS ~ THE ARMY. Rule IX now; it is all Calendar under Rnle VIII;- and the first InfantnJ Arm. bill under Calendar Rule Vill passed over-without preJudice, is Robert Lindsay Weeks, of New York, to be seconcl lieutenants the bill to amend an act entitled "An act to establish. a code of 1\iarch 7, 1902. · law fo1· the District of Columbia." The Senator from Vermont Albert G. Goodwyn, of Alabama, to be second li-eutenant, move that the Senate proceed to the consideration of a bill which March 15, 1902. will be read by title. John M. Kelso, jr., of Arkansas, to be first lie-u~nant, Fortieth Mr. TELLER. Mr. President, I wish to make an inquiry. Infantry, United States Volunteers (now first lieutenant in the The PRESIDENT pro t&mpore. Tile Senator from Colorado will state it. - Philippine Scouts), to be second lieutenant, February 2, 1901. Mr. TELLER I. understood somebody to state-I have not To be chaplains. had a. chance to look at the RECORD-that this bill is No~ 1 on the Rev. Paul Traugott Brockmann., ol Wisconsin,. March.13,1902:. Calendar and would come up, at 2 o.'clock. Rev. Francis B1·ooks Doherty, of California, March 13, 1902. The PRESIDENT pro tempore. No-; it is the- first bill at the Rav L James Osse.waarde, of Michigan, March 13., 1902~ point which has been reached in the morning hour. under Rule Rev. Patrick Perfecto Carey, of New York, March 13, 190-.2. VIII. The- question_ is on the motion of the Senator from. Ver Rev. George-Herbert Jones, of Washington, March 13, 1902. ID'()nt~ Rev.. Julian Emmet Yates, of Kansas, March 13,.1902., Mr. BATE. · I should like to ask the Senator from Vermont a MEDICAL OFFICERS OF VOLUNTEERS. question about the bill. Dues he propose ro. go on and consider the bill at once?. · William A. McVean, of Ohio, contract surgeon, United States Ml·~ PROCTOR.. The motion is to. take it up for consideration Army, to be assfstant-surgeon, United StatesVolmrlieers, with the and to make- it the unfinished business of·the Senate. rankof-captain, March 14, 1902. Mr. BATE.. Not: with a view of proceeding witli it now? Thomas S. Lowe, of Maryland, contract surgeon, United States Mr. PROCTOR. No. Army, to be assistant surgeon, United States Volunteers, with the The PRESIDENT pro tempore. The bill will be read by rankofcaptafu, March 11, 1902". title. PROMOTIONS IN THE ARMY, The SECRETARY. A bill (H. It. 9206) to make oleomargarine Infantry Arm. and other imitation dairy products subject to the lawa of any State or Territory or the District of Columbia into which they are Maj. Philip Reade, Fourth Infantry, to-be. Iieutenant-col"Onel, transported, and to change the tax on oleomargarine, and to March 12, 1902'. amend an act entitled' An_ act defining butter; also imposing a Capt. J"ohn C~ F. Till on, Fourteenth Infantry-, to be major, tax upon and regulating the. manufacture, sale, importation, and March 12, 1902. exportation of oleomargarine," approved August 2, 1886. First· Lieut. John K. Moore, Fifteenth Infantry, to be captain, The PRESIDENT pro tempore. The question is on agreeing March s. 1902'. to the motion of the Senator from Vermont ·First Lieut. Claude H. Miller,. Twenty-sixth Infantry, to be The motion was agreed to.. - captain, March 10, 1902~ Mr. CULLOM. I move that the Senate proceed to the consid Fust Lieut. Harold B. Fiske, Eighteenth Infantry, to be cap eration of executive business. tain, March 12, 1902. Mr. ALDRICH. Pending that, I hope the Senator from illinois First Lieut. J"ohn H. Hnghes, Fourth Infantry, to be captain, will permit me to make a. motion_ which rthink will have general March 12, 1902. acquiescence. I move that when the Senate adjourns to-day it ad-. POSTMASTERS. journ to meet on J\Ionday next. Alexander McLean, to be postmaster at Lompoc, in the county The PRESIDENT pro tempore. Does the Senator from lllin.ois of- Santa Barbara and State of California. withdraw his motion for that purpose? William W~Millilrin to be postmasterat Dothan., in the county Mr. CULLOM. Yes, sir. of Henry and State of Alabama. The PRESIDENT pro tempore. The Senator. from Rhode Is Charles H. McOmber to be postmaster at West Troy, in the land moves that when the Senate adjourns to-day it adjourn to county of Albany and State of New York. meet on Monday next. Georga M. Mayer 1 to b& postmaster ot Olean, in the county of Th&motio:n was agreed to. Cattaraugus and State of New York~ Mr. CULLOM~ I renew my motion. Frank E. Holmes to-be postmaster. at New Berlin,. in the county The PRESIDENT pro tempore. The; Senator from illinois of Chenango and State of New York. moves that the Senate proceed to the consideration of executive Sanford B. Strout, to be postmaster at Evergreen7 in. the county business. · t>f Conecuh and State of Alabama. The motion. was agreed to; and the Senate proceeded to the con Abner Allison, to be postmaster at Mount Gilea~ in the county sideration of executive business. After seven minutes spent in of MoiTow and State of Ohio. executive session the doors were reopened, and (at 5 o'clock and 7 Herbert Newhard, to be-postmaster at Carey, in the county of minutes p.m.) the Senate adjourned until Monday, March 24, Wyandot and State of Ohio. 190'\ at 12 o'clock meridian. John P·. Moran, to be postmaster at White Plains, in the county of Westchester and State of New York. Rode1ick Lr Leland, to be postmaster- at Clifton Springs, in the NOMINATIONS. county of Ontario and State of New York. George C. Silsbee, to be postmaster-at Avoca, in the county of Executive nominations rece~ved by the Senate Ma1·ch 21, 1902. Steuben and State of New York. APPOIN~""T !1\f THE ARMY. John J. Hodnett-, to be po tmaster at Tempe, in the cormty of Mmieopru and Terdtory of Arizona. A1·tillery Corps. George W. Brown, to be postmaster at Wayne, in the COlmty William W. Chance, of the Di trict of Columbia, la.te ea-ptain of Delaware and State of Pennsylvania. and signab officet United States Volunteers to be first lieutenant, H. S. Mooney, to. be postmaster at Cardington, in the county of September 23, 1901, to fill an original vacancy. Morrow and State of Ohio. 1902. CONGRESSIONAL RECORD-HOUSE, 3131 George Gh Radcliff to bo postmaster at Watsonville, in. tlle The confe:r.~nce repol't is as. follows: county of Santa Cruz and State of California. . The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill H. R. 92'27, "An act granting an David W. Morris, to be postmaster at Modesto, in the county of increase of pension to Frederick Shafer," having met, after full and free Stanislaus and State of California. conference have agreed to recommend and do recommend to their respective Russell H. Chandler to be postmaster at Yuma, in the county Houses as follows: 1 That the Senate recede from its :J.mendment. of Yuma and Territory of Arizon3J. W. A. CALDERHEAD, Charles. Earwicker, to be posnnaster at New Rochelle-tin the J. N. W. RUMPLE, county of Westchester and State of New York. J. A. NORTON, John J. Roehrig, to be po tmaster- at Rosebank, in the county Managers on the part of the House. J . H. GALLINGER, of! Richmond and State of New York. J. R. BURTON, Egbert L. Hodskin, to be postmaster at Fairport, in the county T. M. PATTERSON, of Monroe and State of New York. 1Jfanage1·s on the pa1·t of the Senate. S.C. Daugherty, to be postmaster at Jeannette, in the county The statement of the House conferees was read, as follows: of WE>stmorelan.d and State of Penn ylvania. Statemellt in the case of H. R. 9227, granting an increase of pend01~ to Fred~·rick George B. Hayden to be postmaster at Upland, late North On Shafer. tario, in the county of San Bernardino and State of California. The result of the conference is that the bill granting an increase of pension to Frederick Shafer is recommended to pass at $4{) pe1· month, the same a;, it W. S. Hoge, to be postmaster at Athens, in the county of Mc originally passed the ~ouse. Minn and State of Tennessee. W. A. CALDERHEAD, J". N. W. RUMPLE, J. A. NORTON, Conje1·ees. HOUSE OF REPRESENTATIVES .. The SPEAKER. The questien is on agreeing to the conference report. FRIDAY, JJJcrrch 21, 1902~ The conference t·eport was agreed to. The House met at 12 o'clock m. PI·ayeJ.: by the Chaplain, Rev. SELDEN E. WITCHER. lilE..~RY N. Comm... , D. D. Mr. CALDERHEAD. ::M:r. Speaker, l call up the conference The Journal o-f yesterday's proceedings was read and approved. report on the bill ~H. R. 4488) granting an increase o.f pension to Selden E. Witcher. • WAR CLAIMS. The conference report is as follows:.. Mr. MAHON. l\Ir. Speaker, I ask unanimous consent that the The committee of conference on_ th&~eeing votes of the two Houses House nonconcur in the Senate amendment to bill H. R. 8587 on the amendment of the Sent~ote to the biliH. R 4488, "An act granting an increase of pe:n.sion to Selden E. Witcher,,. ha. ving met, after full and free and ask :for a conference. conference hav~ agreed to recommEm.d and do.-recommend to their res-pective The SPEAKER. The gentleman from Pennsylvania, from the Houses a.s follows: Committee on. War Claims. asks to discharge- the Committee of That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: the- Whole Hou£& uom the further consideration of the bill H. R. In lieu. of the sum Jll'Oposed insert "sixteen;." and the Senate agree to the 8587. that- the House nonconcur in the amendment of the Senate, same. and k for a conference~ I there objeetion? W. A. CALDERHEAD, a J: N ~ W. RUMPLE, Mr. PAYNE. Reserying th-e right to- object, I would like to J. A. NORTON, know if this is the S3,000,000amendment that the Senate put onto Manage1·s on the part of the House. a h"'ttle bill of the House involving a few hundred thousand dol P. J. M-cCUMBER, lars that went over there. N. B. SCOTT, E. W. CARMACK', Mr. MAHON. I will say to the gentleman that this is the om Managel's on tlte pa1·t of the Senate. m"bns bill which was refened to the Committee on. War Claims, who made a unanimous recommendation that_the House noncon The statement of the Ho_usa conferees was read, as fullows: Statement t'n tile case of·H. R. IJJ38, granting an increase of pension to Selden cur in all Senate amendments and ask for a eonfm·en.ce. E. Whitche1·. Mr. PAYNE. Then, Mr. Speak-er-, I believe-that that bill ought The result of the conference on the bill granting a.n increa...c::e- o:£ pension to to be thoroughly discussed in the Committee of the Whole Rouse, Selden E. Whitcher is that it be recommended to pass at 16 per -month, the and every one-of these large claims thoroug)J;ly understood by House receding from the inm,'OOSe to $20 per month, and the Senate agreeing to, an inC1'1:las6'-fi"6m $6. to Slfi per-month. the House before the bill goes to a t'Qnferenee. If th& bill goes: to W~ A. CALDERHEAD, a conference, it comes here on a conference :report, subject to the J. N: W. RUMPLE,. J. A. NORTON, previous question, with littl-e time for debat.e and little time for Conferees. the House to understand these claims, and therefore I feel com The- SPEA.KE.R The. q_uesti0n is 0n agreeing·to the conference pelled to object to the request~ The SPEAKER. Objection is made. report. The conference report was agreed to .. Mr. CALDERHE.A.D rose. Mr. MAHON. Mr. Speaker. On motion of Mr. CALDERHEAD, a motion to reconsider the The SPEAKER. Does the gentleman from Kansas yield to the last two votes was laid on. the table. gentleman from Pennsylvania? LEG1SLATITE, EXECUTIVE, AND JUDICIAL AP£ROPRIATION BILL. Mr. CALDERHEAD. Yes. Mr. BINGHAM. Mr. Speaker, I am directed by the Commit Mr. MAHON. I would like to make another request. tee on Appropriations to report back the legislative·, executive, The SPEAKER. The gentleman will submit it. and judicial apJ>ropriation. bill ~d ask. unanimous consent that Mr. MAHON. This is the day that belongs to war claims. the House nonconcur to all of the amendments of the Senate and That committee has but one day in a month. I do not want to. ask for a conference. get in the way of the river and harbor bill, but. I think we are The SPEAKER. The gentleman from Pennsylvania, by order entitled to some consideration, and I ask unanimous consent that of the Committee on Appropriations, presents the legislative ap Mxt Wednesday be given to the War Claims Committe_e in place propriation bill, with Senate- amendments, and asks- a general dis of to-day, at which time we can consider this bilL agreement to an the- amendments of the Senate and that a con The SPEAKER. The gentle-man from Pennsylvania asks ference be asked. Is there objection? tmanimous consent that next Wednesday be assigned to the War Mr. MAHON. I object. Claims Committee in place of this day. The SPEAKER. Objection is made. Mr. PAYNE. Well, not to interfere with revenue Of" appro HERBERT .A.. BOOMHOWER. :pii.ation bills. Mr. MAHON. If the gentleman wants to consider this bill in The SPEAKER laid before the House the bill (H. R. 4821) the Committee of the Whole, I will give him a chance. gmnting an increase of pension to Herbert A. Boomhower, with Mr. PAYNE. Well, not to interfere with revenue or appro a Senate amendm-ent thereto-. priation bills? The Senate- amen{lment was read. Mr. MAHON. No; I am now cutting out a dayfo:r an appro· Mr. SULLOWAY . I move that the House nonconclill' in the priation bilL Senate amendment and ask for a conference .. :Mr. CANNON. Mr. Speaker, let Wednesday take care of itself The motion was agreed to; and the Speaker appointed as-con when we reach it. ferees on the part of the House Mr. SAMUEL W. SMTIH, Mr. DAR· The SPEAKER. Objection is ma:de. R.A.GH, and Mr. KLEBERG. J.AMES .A.. SOMERVILl1E. FREDERICK SHAFER. Th-e SPEAKER also laid before·the:House the bill ( H ~ R. 4260) to Mr. C.ALDERHEAD. Mr. Speaker,. I call up the conference conect th~ militarY. record of James-A. Somerville, with a. Senate report to the bill (H. R. 9227) granting an increase of pension to amendment thereto. Frederick Shafer. The Senate amendment was read.