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11718 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7,
1isted musicians of Atmy and Navy competing against civilian Also, petition of · Harry H. Williams, of the Words and musicians-to the Committee on Labor. Music Club of America, for amendment of copyright law-to By 1\lr. KAHN: Petition of California Harbor, No. 15, Amer the Committee on Patents. ican Association of Masters, Mates, and Pilots, of San Fran By Mr. W ALL.A.CE : Paper to accompany bill for relief of cisco, Cal., against the Littlefield pilotage bill, to amend section l\frs. Octava Nutt-to the Committee on Invalid Pensions. 443 of the Revised Statutes-to the Committee on the 1\Ier By Mr. WANGER: Petition of William T . Powell, Depart ·chant Marine and Fisheries. ment commander of Pennsylvania, Grand Army of the Republic, By l\Ir. KELIHER: Petition of Springfield Board of Trade, in behalf of 100,000 pensioners of Pennsyl...-ania, against aboli for a parcels-post law if country merchants are fully pro tion of the several pension agencies thToughout the United tected-to the Committee on the Post-Office and Post-Roads. States-to the Committee on Appropriations. Also, petition of Massachusetts Board of Trade, for a perma By 1\lr. WASHBURN : Papers to accompany bills for relief nent nonpartisan tariff commission-to the Committee on Ways of John Feaghey and ~renzo A. Dodge-to the Committee on and 1\Ieans. Invalid Pensions. . Also, petition of Rabbi Isaac Elchano Lodge, against immi Also, paper to accompany bill for relief of Isaac H. Daggett gTation legislation increasing head tax and providing an educa to the Committee on Invalid Pensions. tional test-to the Committee on Immigration and Naturaliza tion. t Also, petition of National Paint and Varnish Association, for HOUSE OF REPRESENTATIVES. a nonpartisan tariff commission-to the Committee on Ways and Means. FRIDAY, February 7, 1908. Also, petition of Massachusetts Association of Sealers of The House met at 12 o'clock m. Weights and Measures, indorsing a bill creating a commission Prayer by the Chaplain, Rev. HENRY N. CoUDEN, D. D. to in\estigate weights and measures-to the Comruittee on The Journal of yesterday's proceedings was read and ap· Coinage, Weights, and Measures. pro\ed. By Mr. McKINNEY: Petition of Russell Post, No. 86, Grand NORTHERN JUDICIAL DISTRICT OF TEXAS. Army of the H.epublic, of Hamilton, Ill., for the Sherwood pen Mr. JENKINS. Mr. Speaker, I desire to call up the confer sion bill-to· the Committee on Invalid Pensions. ence report on the bill ( S. 4 5), to create a new division for the By Mr. McLAUGHLIN of Michigan: Papers to accompany northern judicial district of Texas and to provide for terms of bills for relief of Omstead Larue and John W. Carr-to the Com- court at Amarillo, Tex., and for a clerk for said court, and for mittee on In\alid Pensions. . other purposes. . By 1\lr. NEEDHAM: Petition of the Elbell of Los Angeles, The SPEAKER. Does the gentleman desire the statement Cal., for the establishment of laboratories under State, Federal, read? and city governments for scientific study of criminals-to the Mr. JE:I\"'KINS. I ask unanimous consent that the statement Committee on Appropriations. be read in lieu of the report. By 1\fr. NORRIS: Petitions of citizens of Guide Rock, Rus Mr. CLARK of 1\Iis ouri. Mr. Speaker, is there not a rule that kin, and Wilsonville, all in the State of Nebraska, against a these conference reports have w be printed in the RECORD? parcels-post law-to the Committee on the Post-Office and Post Mr. JENKINS. I will say to the gentleman that the rule Roads. was followed, and the conference report printed in the RECORD. By Mr. OVERSTREET: Petition of National German-Amer Mr. CLARK of Iissouri. All right. ican Alliance, for forest reservations in White Mountains and The conference report is as follows : Appalachian l\lountains-to the Committee on Agriculture. Also, petition of Indiana State Federation of Clubs, for forest CONFERENCE RErORT. reser...-ations in White Mountains and .Appalachian Mountains The committee of conference on the disagreeing votes of the 1: to the Committee on Agriculture. two Houses on the amendments of the Hou e to the bill ( S. 4 5) By 1\lr. PAYNE: paper to accompany bill for relief of Asapll to create a new division for the northern judicial district of Whiting (H. R. 16474)-to the Committee on Invalid Pensions. Texas and to pro\ide for terms of court at Amarillo, Tex:., and By 1\Ir. PRAY: Paper to accompany bill for relief of Phoebe for a clerk for said court, and for other purposes, having met, Clark-to the Committee on Claims. after full and free conference ha Ye agreed to recommend and do By 1\Ir. RAINEY : Petitions of R. H. Grann and 51 others, of recommend to their respective Houses as follows: Beardstown; W . S. Camp and G5 others, of Jacksonville; H. F. That the Senate recede from its disagreement to the amend Iteason and 18 others, of Mason; J. R. Singleton and 29 others, ment of the House numbered 2, and agree to the same. of White Hall; Robert H. McFadden and 17 others, of Mattoon; Amendment numbered 1: That the Senate recede from its dis John R. Kirkman and 17 others, of Jacksonville, and T. A. agreement to the amendment of the Ron e numbered 1, and Smith and 6 others, of White Hall, all in the State of Illinois agree to the same with an amendment, as follows : to the Com)Dittee on Military Affairs. "After the word ' Texas,' in line 2, page 2, insert: ' shall be AI~o, petition of Givens Brothers and 101 other merchants held twice each year at the city of Amarillo, in Potter County, li and business men, of Mount Sterling, Ill., against a parcels-post Tex., beginning on the third Monday of April and the fourth law-to the Committee on the Post-Office and Post-Roads. Monday of September in each year; ' " and the House agree to Also, petition of Public Policy Legion of Illinois, favoring non I· the same• . interest-bearing notes for public improvements-to the Com JOHN J. JENKI S, mittee on Banking and Currency. C. E. LITTLEFIELD, Bv 1\Ir. RA..l'I"SDELL of Louisiana: Paper to accompany bill R . L. HENRY, for relief of William Nelson-to the Committee on Invalid Pen- Managers on the pa.rt of the House. 8ions. C. D . CLARK, By Mr. RIORDAN: Petition of officers, directors, and trus KNUTE NELSON, tees of art museums in the United States, for importation of c. A. CULBERSON, art works duty free-to the Committee on Ways and Means. Mana.gers on the pa1·t of the Senate. Also, petition of National German-American Alliance, for forest reservation in White 1\fountains and outhern Appa The statement was read, as follows: lachian Mountains-to the Committee on Agriculture. STATEMENT. By l\lr. SLEMP: Paper to accompany bill for relief of Isaac It was the intention of the House to change section 2 of the Q. Barstow-to the Committee on Invalid Pensions. Senate act so as to provide in the law the time when the By Mr. S"~HTH of Arizona : Paper to accompany bill for relief court was to be held. The . act provided tha t the judges of of 1\Ir . Cornelia H. Keyes (H. R. 4651)-to the Committee the courts should fix the times at which the courts were to be on Invalid Pensions. · held. The House amendment intended to provide for the By Mr. S LZE R: Petition of Utica (N. Y.) Public Library, change by striking out all of lines 3, 4, 5, 6, and 7 of section again t S. 21)00 and H. R. 11794, denying librarians the priv 2 of the Senate act, inserting in lieu thereof: ilege of importing copies of any book duty free-to the Com " Beginning on the third Uonday of April and the fourth mittee on Ways and Means. Monday of September in each year." Also, petition of Musical Mutual Protective Union, of New It is agreed that the amendment striking out line 3 was a York, favoring H. R. 103, against competition of Government mistake. In order to correct the mistake and ha \e the act musicians from Army and Navy with civilian musicians-to provide the times when the couTt should be held, it was agreed the Committee on Labor. to by the conferees that the Senate recede from its disagree- 1908. CONGRESSIONAL RECORD-HOUSE~ 1·719
ment to the· amendment of the House numbered 1, and agree to FORT RILEY MILITARY RESERVATION, the came with amendment, as follows: Mr. ANTHONY. l\Ir. Speaker, I ask unanimous consent to After the word " Texas " in line 2, section 2, page 2, insert: discharge the Committee of the Whole House on the state of the "shall be held twice each year at the city of Amarillo, in Union from the further consideration of the bill H. R. 12398, to Potter County, Tex., beginni:bg on the third Monday of April authorize the War Department to transfer to the State of Kan~ and the fourth Monday of September in each year." sas certain lands now a part of the Fort Riley l\Iilitary Reserva~ And that the Senate recede from its disagreement to the tion, and that the same be considered in the House. amendment of the House numbered 2, and agree to the same. The SPEAKER. The gentleman from Kansas asks unani JOHN J. JENKINS, mous consent to discharge the Committee of the Whole House C. E. LITTLEFIELD, on the state of the Union from the further consideration of the R. L. HENRY, bill H. R. 12398 and consider the same in the House. Managers on the part ot·the House. The Clerk read the bill, as follows: Be it enacted, etc., That the War Department be, and the same is The question was taken, and the conference report was agreed hereby, authorized to transfer, not to exceed 1 acre of ground, to the to. State of Kansas whereon is located the ruins of the old station building which was the first Kansas Territorial capitol at Pawnee, situated on • On motion of 1\Ir. JENKINS, a motion to reconsider the vote the United States military reservation at Fort Riley, Kans., the metes by which the conference report was agreed to was laid on the and bounds to be determined by the War Department. table. With the following committee amendment: ADJOURNMENT OVER, Strike out all after the enacting clause and insert the following: "That the Secretary of War be, and ·he is hereby, authorized and di Mr. PAYNE. Mr. Speaker, I move that when the House ad rected to grant to the State of Kansas the right, title, and interest journ to-day it be to meet on ~fonday next. of the United States in and to a tract of land, not to exceed 1 acre of The question was taken, and the motion was ag~~eed to. ground, whereon is located the ruins of the old station building which was the first Kansas Territorial capitol at Pawnee, now i_ncluded ~n PAY OF COMMISSIONERS FROM THE PHILIPPINE ISLANDS, military reservation of Fort Riley, Kans., for the preservation of said ruins as a historical relic, the metes and bounds of said tract to be Mr. T.A. WNEY. 1\fr. Speaker, I offer the following joint reso determined by the Secretary of War." lution, by direction of the Committee on Appropriations, and Mr. CLARK of Missouri. 1\fr. Speaker, reserving the right ask for its· immediate consideration. to object, I would like to ask the gentleman how much is this The Clerk read as follows : acre of land worth? Joint resolution [H. Res. 130] providi.ng for salaries of the Resident Mr. A....~THONY. I should imagine its intrinsic \alue would Commissioners from the Philippine Islands. be about $25. Resolved, etc., That the Sergea.nt-at-.Arins of the House of Represent Mr. CLARK of Missouri. Is it so located that it would atives is authorized to pay to each of the two Resident Commissioners from the Phillppine Islands, out of the appropriation made for the interfere in any way with the Government use of this reserva current fiscal year for compensation of the Members of the House of tion? Representatives, the same rate of compensation as is authorized and l\Ir. ANTHONY. It is not; it will interfere with the use of being paid to the Resident Commissioner from Porto Rico, together with $2,000 each, as authorized by law, in lieu of mileage. - the r~servation in no way. The bill was unanimously reported by the Committee on l\Iilitary Affairs and has the indorsement The SPEA..KER. The gentleman asks unanimous consent for of the War Department. the present consideration of the joint resolution. Is there ob l\Ir. CLARK of Missouri. It is purely for historical purposes? jection? 1\fr. ANTHONY. Purely for historical purposes, the preser 1\Ir. MANN. 1\fr. Speaker, reserving the right to object, I vation of the first capitol of the State. would like to ask what this does. Is the pay of the Resident The SPEAKER. Is there objection to the request? [.After Commissioners now provided by law, and how does this a pause.] The Chair hears none. change it? The amendment was agreed to. Mr. TAWNEY. The pay of the Resident Commissioner from The bill as amended was ordered to be engrossed and read a Porto Rico is $7,500 per annum, the same as the salary of a third time, was engrossed and read the third time, and pas ed. Member or Senator, und in lieu of mileage tile Resident Com On motion of Mr. ANTHONY, a motion to reconsider the last missioner receives a fixed sum, the exact ·amount of which I do vote was laid on the table. not now recall; but that is not material in this case, for the reason that the act of July 1, 1902, creating a civil government BRIDGE ACROSS ST. LOUIS RIVER BETWEEN WISCONSIN AND MIN· for the Philippine Islands authorized the election of two Com NESOTA. missioners and expressly provided for compensation in lieu of l\Ir. BEDEJ. 1\fr. Speaker, I ask unanimous consent for the mileage and tra\el from Manila to Washington, $2,000. That present consideration of the bill (H. R. 16050) to authorize the is the amount that is carried in this resolution. Interstate Transfer Railway Company to construct a bridge l\lr. l\DU~. Does not the act provide for salaries for these across the St. Louis River between the States of Wisconsin and Commissioners? l\Iinnesota. · Mr. TAW1\TEY. It provides for a salary of the Commission The Clerk read the bill, as follows : Be it enactecZ, etc., That the Interstate Transfer Railway Company, ers which was the salary at that time of a Member of Con a corporation organized under the laws of the State of Wisconsin, its gress. Since that time the salaries of Members of Congress successors and assigns, be, and they are hereby, authorized to construct, have \)een increased to $7,500. The salary of the Commissioner maintain, and operate a railroad bridge and approaches thereto across for Porto Rico has been increased to $7,500. Now, it was not the St. J,ouis River between the States of Wisconsin and Minnesota at the most feasible point in section 12, in township 48 north, range 15 thought wise on the part of the committee to report a resolution west, in the State of Wisconsin, to a point opposite in section 11, in making any distinction between the compensation paid to the township 48 north, range 15 west, in the State of Minnesota, in ac Commissioners from the Philippine Islands and the compensa cordance with the provisions of the act entitled "An act to regulate the construction of bridges across navigable waters," approved March tion paid the Commissioner from Porto Rico, so their salary, by 23, 1906: Provided, That the actual construction of sa1d bridge shall the resolution, is made the same as the salary of the Resident be commenced within two years and be completed within four years .Commissioner from Porto Rico. from the date of the passage of this act. SEC. 2. That the right to alter, amend, or repeal this act is hereby 1\Ir. MANN. Out of what fund is the money paid? expressly reserved. Mr. TA. WNEY. Out of the appropriation for salaries of Sen With the following committee amendment: ators and Members of the House. Strike out the proviso in lines 4, 5, 6, and 7, page 2. Mr. :MANN. Is that provision under the original act? Mr. TAWNEY. Yes; it is paid out of the appropriation for ·The SPEAKER. Is there objection? salaries of Members and Senators. There was no objection. l\fr. DALZELL. The same as Delegates from the Territories? The amendment was agreed to. 1\fr. TA,VNEY. Yes. The bill as amended was ordered to be engrossed and read The SPEAKER. The request of the gentleman from Minne the third time, was read the third time, and passed. sota is to discharge the Committee on Appropriations from the On motion of 1\!r. BEDE, a motion to reconsider the lust \ote further consideration of the resolution and consider the same aB was laid on the table. in the House. Is there objection? DILLS ON PRIVATE CALENDAR. I There was no objection. 1\Ir. HASKINS. l\Ir. Speaker, I move that the House resolye I The joint resolution was ordered to be engrossed and read a itself into Committee of the Whole House on the state of tbe third time, was read the third time, and passed. Union for the consideration of bills on the Private Calendax. , On motion of Mr. TAWNEY, a motion to reconsider the last The motion was agreed to. vote was laid on the table, Accordingly the House resolved itself into Committee of the • --
1720 CONGRESSIONAL RECORD-HOUSE. FEBRUARY '7,
Whole House on the state of the Union, with Mr. FosTER of In the matter of stores and supplies in :fL"'\:ing the valuation Vermont in the chair. of property taken, the court adopted tills rule which certainly Mr. HASIG ·s. Mr. Chairman, I move to take up for consid- was jnst to the Government, and that was to ascertain what eration the bill H. R. 15372, and I ask that the first reading of the Go'lernment was paying at that- time for similar stores the bill be dLilensed with except by title. · through the Quartermaster's and the Commissary Departments 'l'he CHA.IRllAN. The gentleman from Vermont moyes to of the Government. I say this is certainly fair to the Govern- take up the bill which the Clerk will report by title. ment, if not fai.r to the claimants, who have been without their The Clerk read as follows: interest these many year . The court in the first place, when For the allowance of certain ciaims reported by the Court of Claims a bill is certified by the Hou e to that tribunal, a certains and under the pro,isions of the acts approved March 3, 1883, and :March 3, reports upon the loyalty of the claimant during the civil war, 1887, and commonly known as the Bowman and the Tucker acts. or the loyalty of the deceased who ow-ned the property at the The CHAIIDIA.l~. The gentleman from Vermont asks unani- time it was taken, and your committee, in singling out these mous consent that the first reading of the bill be omitted. findings, have cast aside all findings unless it was held affirma- :Mr. M.A.X.~. . Mr. Chairman, I think the bill ought to be read. tively by the court that the parties were loyal to the Gar-ern The CHAIR~fAN . Objection is heard, and the Clerk will read. ment during the suppression of the rebellion. In the second 'The Clerk began the reading of the bill. place, we have been particular to understand what the coui-t During the reading of the bill, has decided, what they have found was the fact as to the i\fr. DALZELL. Mr. Chairman, a parliamentary inquiry. property concerned, and where it went to. If there was any How does this bill come up before the committee at this time? doubts in those findings as to whether the General Government Of course I understand it is on the Private Calendar, but it is or the Federal Army had the use of it, we have laid that finding not the first on the Private Calendar. aside and har-e not included it in this bill. 1\Ir. HASKINS. This is a bill on the Private Calendar. Or in some instances the property taken may have been sold, Mr. DALZELL. Bills under the Private Calendar, unless and we find further the court's affirmati-re finding as a matter otherwise ordered, come up in their order. of fact as to whether that property, or the ayails of that prop- The CHAIRHA...,. The Chair will say in response to the in- erty, had been covered into the 'l.'reasury of the United States. quiry thnt the gentleman from Vermont [Mr. HASKINS] moves So in er-ery case that we have reported here where there has that the committee take up this bill. been a taking of property we have reported none except where l\Ir. DALZELL. But the motion has not been passed on. it has been affirmatively ·determined by the Court of Claims, Mr. HASKINS. Oh, yes, it has; there certainly was no ob- the h·ibunal created by this very body for the adjudication of jection. facts in relation to these matters, that tlley have affirmative1y The CHAIRMAN. The bill is being read pending the motion. fotmd that the General Government or the Federal Army had Mr. HASKINS. I asked unanimous consent, and there was the use of this property that was taken. There is another no objection. class of cases which we have reported favorably upon, and The CHAIRMAN. If there be no objection, the Clerk will that is the pay of officers of the Federal Army during the I! continue the reading of the bill. suppression of the rebellion. Here, for instance, is the case The Clerk concluded the reading of the bill. of a first sergeant of a company. The econd lieutenancy The CHAIRl\IAN. The question now is on the motion of was yacant, and the gover11or of his State commissioned him the gentleman from Vermont to take up the bill for considera- as second lieutenant, or the first lieutenancy may have been tion. vacant, through death or resignation, and the governor of the The question was taken, and the motion was agreed to. State to which he belonged commissioned him as first lieutenant l\fr. HASKINS. 1\Ir. Chairman, I want to say for the in- or even as lieutenant-colonel or major, or colonel in command formation of the House that this bill embraces the findings of of the regiment, and in cases where they were a signed to the Court of Claims in 321 cases represented by an equal duty according to the increased rank to which they had been number of bills, which were introduced chiefly in the Fifty- promoted, and were discharging the duties and assuming the eighth and Fifty-ninth Congresses and were referred by the responsibilities of the office to which they had been commis action of this House to the Court of Claims to find the facts sioned, but failed of muster for various ca u es, then we report and report them back to this House. A few of those bills that in favor of the payment of those claims the difference between
: went to the Court of Claims by reference from the House were the amount they received when they were mustered out under in prior Congresses, .but very few of them, and were not acterl the inferior rank and the ammmt they should have received if upon and certified back to the House until recently. This bill they had been mustered out in the grade to which they had 1.' has three clas es of claims : First, for stores and supplies taken been commissioned by the governor of their State and wherein by the Federal Army from loyal citizens of the States that 'vere they were performing the duties of the office to which they in insurrection, amounting according to the findings of the had been commissioned. court to 255,436.42; the second class is for officers' pay, .Mr. KEIFER. Will the gentleman allow me? amounting to $36,910.53, and the third is by churches, colleges, l\Ir. HASKINS. Certainly. and lodges that were occupied by Federal troops during the l\Ir. KEIFER. I think it was the law in the beginning of war, amounting to $21,19 .2 . This makes a total amount of the late Spanish war that all commissioned officers, regardless $313,545.28. l\Ir. Chairman, this is a reasonable bill, when we of the rank to which they were commissioned and mustered, take into consideration the fact that the omnibus war claims were entitled to the pay of the rank they exercised. bill of the Fifty-ninth Congress failed of passage. Therefore it l\Ir. IIASKINS. I am coming to that in a moment. I have includes what should have been in two bills instead of one. In said there were various causes which led to these officers pro making up this bill the committee has been guided entirely by rooted not being mustered at the time. Some of them before the findings of the Court of Claims. In selecting these findings an opportunity to muster were killed in battle, others were seyeral of them have been laid aside and reported upon ad- taken prisoners and from various other causes beyond their yersely and others not included here will probably receir-e an control, becam~e it was a ru1e at that time of the War Depart adverse report before this Congress adjourns. It includes ment that a company or a regiment that had fallen below the nothing but the findings of the court on bills referred to it by minimum number was not entitled to muster; therefore the the Honse. Unlike the bill that was reported here. during the War Department refused to muster them in such cases. I want last session of Congress, we have included no Senate bills and to say, soon after the war these officers who had been refu ed no House bills of a miscellaneous character, but have simply muster presented their claims to the War Department for pay confined it to the findings of the court. In the preparation of ment for the difference from what they did receive and what this bill it required a great deal of labor. The chairman of they should have received if they had been actually must red this committee has worked faithfully more than three weeks out in· the superior grade, but they were disallowed for the upon it. He has carried the papers to his house, the findings reason · in many cases that their regiment or companies had of the court, and has investigated and read them, endear-oring fallen below the minimum. It was the rule. In 1 6G a joint reso · to understand what the court has found and what the court lution was 11assed by the Congre s endeavoring to relieve them means by its findings, and has done this tmtil the wee small and did relieve them to a certain extent, but not these particular hours of the morning. I believe we have a bill here which cases; but in 1807, on the 24th of February, 1807, a law was should be pa sed. If the Government is desirous of paying passed by Congress entitled "An act to provide for the relief of honest indebtedness, as every individual ought to pay his, and certain officers and enlisted men of the volunteer force ," 20 Stat rest under the same obligation to pay it as I do to pay the utes at Large, page 03, and under the provisions of this act of rent of my apartment, there can· be no question about the February 24, 1 07, these officers that the accounting officers of the passage o.f this bill which we have reported to this Honse. [Ap-,1 ·war Department refu ed to allow their claims are now en plause.] . titled to be paid, but on presenting their claims to the War • 1908. CONGRESSIONAL RECORD-HOUSE. 1721
DepartmE>nt for the second time they were refused considera l\Ir. KEIFER. Now, one other question. Are there any tion upon the technical ground that where the Department has claims included here for mere devastation of property? once made a ruling upon particular cases they will not reverse Mr. HASKINS. There are none. There are claims made, that, but so far as the Department is concerned everything but the court refused to assess any damages for them. stands res adjudicata there. Therefore the only remedy that l\Ir. KEIFER. Are there any claims of that kind included in these brave officers and the widows and orphan children of this bill? tho e who died in the service have is to come to Congress for l\Ir. HASKINS. Vandalism is not included; destruction of relief, and· these are claims from Maine to California, and not property by act of war or necessity of war-not one. a large amount, $30,910.23, I think, as I gave it, which cleans Mr. KEIFER. Property destroyed in battle or in the move up all these old cases where they are entitled to receive their ment of an army through the country; but property taken for pay under existing st.'ltutes, but can not, by reason of the iron the purpose of providing for the Army, all have been rejected? clad rules and regulations of the War Department. Then l\Ir. HASKINS. All rejected, unless the court finds that the another class of cases is where the Federal Army during the pror>erty was taken for the use of the Federal Army and by civil war occupied churches, and in some instances a college, order of some superior officer. and in one instance, I think, a Masonic lodge room, for bar l\lr. KEIFER. \Veil, I am satisfied. racks and for ho pital purposes, property that from the very Mr. M.ANN . Will the gentleman yield for a further question? beginning has been held sacred under the law of nations, used The CHAIRMAN. Does the gentleman from Vermont [Mr. and desecrated; injured, and now they come here to Con HASKINs] yield to the gentleman from Illinois? gress for relief, and the Court of Claims, in measuring the Mr. HASKINS. With pleasure. amount which these eleemosynary institutions and churches l\ir. MANN. I understood the gentlemap to say that there are entitled to receiYe, finds simply the fair rental value of were no claims in the bill except those that had been referred the building during its occupancy by the Federal Army, and by this body to the Court of Claims. Just what does the gentle in addition thereto such expenses as they have been put to to man mean by that? put the building in a reasonable state of repair, the ordinary l\lr. H.A.SKL ... S. I mean that this body referred to the Court wear and tear excepted, which is a fair basis upon which to of Claims bills that were introduced here under the Tucker Act. fix the valuation or the rental value of this property. Bills that were introduced, that come within the jurisdiction of Now, I want to say right here, in conclusion, to the Members the Bowman Act, are sent direct from the committee to the of this House that I assumed for the committee the responsibil Court of Claims. ity and the duty of examining all these several findings, and I :\Ir. 1\f.ANN. How many claims are there in this bill that were did it with a fair and impartial eye, having in mind not only referred to the Court of Claims by the House of Representa ju tice to the claimants who have been so long deprived of their ti>es? just rights, but at the same time of being actually and abso l\Ir. HASKINS. None except such as were referred by the lutely fair to the General Go>ernment, and wherever there is House. any doubt in relation to those matters I have resolved the doubt l\fr. l\IANN. How many are there-can the gentleman tell? in making up this bill against the claimant and in favor of the Mr. HASKINS. There are on~y about 330 in all. General Government. I believe that there never was a cleaner Mr. MANN. Referred by the House? " bill ever presented to this body than the one which you have .Mr. HASKINS. There are 321 claims included in this bill. now before you. [Applause.] 1\fr. Chairman, I reserve the bal l\Ir. 1\!Al\TN. I know the gentleman did not intend to mislead ance of my time. the House, but certainly the gentleman's statement would lead Mr. KEili'ER. I would like to ask the gentleman one or two the House to believe that these claims had been referred to the questions. Court of Claims by the House. Now, the facts are that these The CHAIR~IAN . Does the gentleman yield to the gentleman claims haye never been before the House at all, exeept the bills; from Ohio? they have been referred to the Court of Claims by the com Mr. HASKINS. Certainly. . mittee. 1\Ir. KEIFER. In the large number of claims in the bill are 1\fr. HASKINS. All claims arising under the Tucker Act-- there any included that have not been referred to the Court of 1\Ir. 1\llU\TN. How many are there in this bill? Claims? 1\fr. HASKINS. I can not tell. 1\Ir. HASKINS. Not one, and not one except such as has Mr. 1\fANN. Then I can say that I do not think there are a been referred to the Court of Claims by this very body. We dozen all 'told. ha>e included no Senate claims. 1\Ir. SULZER. This bill carries the judgment of the Court Mr. HASKINS. Now, so far as the bills introduced under of Claims? the Bowman Act are concerned, the very act itself, wliich is an l\1r. HASKINS. It is not a judgment; it is a finding of fact. act of Congress, authorizes the Committee on Claims to refer 1\fr. KEIFER. Under the Bowman Act? · them direct. .Mr. HASKINS. Yes. 1\fr. 1\IANN. I . understand, and I know the gentleman did Mr. KEIFER. I want to ask, ln looking over the findings of not mtend to mislead the committee, and his statement would fact in these cases, or in some of them, if the committee re have been stronger if he had stated that these claims were re jected any claims that were reported from the Court of Claims'? ferred under the Bowman Act by the committee itself, because 1\Ir. HASKINS. We have, and reported adversely upon them the gentleman probably knows, what is certainly the fact, that already; and there are several we have laid aside and withheld it is more to the interest of the claimants to have the claims re making any report out of deference to the Uembers who have ferred under the Tucker Act than it is under the Bowman Act, them in charge. because under the Bowman Act the Court of Claims can not Mr. KEIFER. And I would like to ask the gentleman report upon a claim which is contrary to any existing provision whether or not the Court of Claims, in considering these claims of law, which means has been barred by any limitation, while that were referred by this Congress to that court, took up the under the Tucker Act there is no such limitation on the Court question of loyalty in every case. of Claims. Now, as I understand this bill-and that is the Mr. HASKINS. In every instance; and I want to add right reason that I wanted to attract the gentleman's attention here, in every single, solitary case the General Government was it endeavors to cover only those cases which have been referred represented before the Court of Claims by counsel from the by the Committee on War Claims under the Bowman Act, sub Department of Justice. · jeCt to all limitations that Congress has heretofore placed upon Mr. KEIFER. I understand that the Court of Claims, in claims, and does not include the claims under the Tucker A.ct, their findings in regard to colleges, universities, churches, and because they go to the other end of the Capitbl, when they :Masonic lodges, found that the owners were loyal and the claim have been referred by resolution of either the House or Senate- ants were loyal. claims under that act have no limitation at an, and most of Mr. HASKINS. The owners were loyal; and let me say which have no merit in them. right here that the Southern Claims Commission refused any 1\fr. HASKINS. lost of the claims under the Tucker Act consideration of that character of claims, because they claimed are referred by the Senate. and reported that they were not citizens; that a corporation Mr. .MA.l~N . That is what I know, but I did not mention . was not a citizen of the United States, and, therefore, loyalty the body . c;ould not be brought into question. · l\fr. HASKINS. I do not want to be misunderstood. I want Mr. KEIFER. But the Supreme Court of the United States to be perfectly honest. has decided that the rule of loyalty applies as well to a cor Mr. 1\IAl~N. We all know that that is the gentleman's desire poration as to an individual. and intention. Mr. HASKINS. Exactly so. l\Ir. HASKINS. Now, we have an item on page 35, com Mr. GARRETT. But not of a church. mencing at line 1: "To Warwick Hutton, administrator of the 1722 CONGRESSIONAL. RECORD-HOUSE·. FEBRUARY 7,
estate of Samuel Morrison, deceased, late of Randolph County, ter, the reason I ask the gentleman's attention to it is this : $1,340." It has been the practice to refer certain claim under the Bow .L Tow, a gentleman, a Member of this House, came down · to man Act, and when a claim could not pas muster under the the committee room with that finding of the Court of Claims Bowman Act, then it has been the practice to obtain its refer and asked to haYe it inserted in the bill. It was inserted in ence under the so-called " Tucker Act.'' The Bowman Act con the bill. I ha-ve been o-ver this bill and examined it two or tains this provision : three different times, and upon one of my reviews I found that 'or hall the said court have jurisdiction of any claim again t the nited States which is now barred by virtue of the provi ions of any it was a claim that went to the Court of Claims in 1902. Well, law of the United States. - that led me to an in-restigation to know why that claim had not been paid, and upon investigation-and I will say right That provision i not in the Tucker Act When the com mittee sends a claim to the Court of Claims it is controlled by here that we haye documents in our committee room; that no that provision of law; but when the House, under the Tucker other Department of the Government has to furnish informa Act, or the Senate, under the- Tucker Act, refers a claim to the tion-! found that that claim was allowed and passed by the Court of Claims there is no Sltch provision in the law, and mo t Fifty-eighth Congress and had been paid by the Treasury De of the claims that come under the 'l'ucker Act come that way, partment. We haye been in constant communication with the because they haye not merit enough to pass under the Bowman War Department and the Treasury Department in relation to Act. I am glad that thi bill is compo ed mostly of claims umler all the e matters, and I propose on the second reading of the the Bowman Act. It is the sh·ongest argument in favor of it bill when it is reached to have that item sh·uck out. We do that I ha-ve heard about any omnibus claim bills since I have not want anything in this bill that is not right. been in the House. Mr. DALZELL. I want to ask the gentleman a q_uestion. 1\Ir. HASKINS. The gentleman from Illinois concedes that Do I understand that the claims embodied in this bill were under the Bowman Act a committee of the House, or Congres , sent directly from the committee to the Court of Claims? has a right to refer these claims to the Court of Claims? Mr. HASKINS. Certainly; under the provisions of the Bow 1\Ir. MA~TN. Under the Bowman Act any committee can re man Act; and nearly all are of that character. fer any question of fact, except pensions, to the Court of Claims. Mr. DALZELL. Under the rules of the House claims can 1\fr: HASKINS. Now, there are but very few claims in this not be sent to the Court of Claims without the action of the present bill that were referred under a House resolution under House. the Tuckei· Act. Mr. HASKINS. Certainly; and by a law of this Congress 1\!r. 1\IANN. That brings up a very interesting question. Of which stands upon our statute books. course this bill carries only matters which have come throu 1908. CONGRESSIONAL RECORD-HOUSE. 1723 knowledge, and I think to the knowledge of every-other Member he has manifested in looking into the decisions of the court and, of the House, there have been carried in some of the reports so far as he was able, into the justice and honesty of tile claims of conference committees on omnibus bills in. the past, where which he has presented in this bill. the l>ill originated in the War Claims Committee, and came I was a little surprised when he singled out a claim under back from the Senate with claims that in the House would this bill and said that after further examination he bad found come before the Committee on Claims, and were agreed to in .that the claim had been paid and settled not a very long time conference, the conferees on the part of the House ha.ving abso ago. It shows the reason and necessity for the exercise of the lutely no knowledge in reference to the claims, and the com most extreme vigilance in looldng into these claims. I confess, mittee which had jurisdiction of those claims saw put into the l\fr. Chairman, I do not like to see an omnibus bill go through law, in their faces, and in spite of their efforts, claims which the House, because I know what that means later when the they had rejected in the House, claims agreed to by conferees bill comes up for consideration of the amendments that have who had no kllowledge of the subject at all. Of course I do been placed upon it. Generally these claims bills come back not say this for the purpose of even hurting the feelings of my so padded with amendments that the author of the bill in the distinguished friend, the chairman of the Committee on War House is unable to recognize it, and generally they come back Claims, but I want to give him notice that if this bill comes so late, not in the seEsion but in the Congressional term, that back from the Senate loaded down with all kinds of claims, the conferees on the part of the House and the Committee on which had no place in the bill in the first place, and the bill War Claims on the part of the House do not have time to make comes before the House again, as far as I am concerned, I that thorough and careful investigation that they would like to shall resist just as far as I can, and make use of every possible make. As the gentleman from Illinois has stated, they come parliamentary method to prevent the passage of the bill in that back loaded with amendments of simple claims against the Gov form. ernment, arising in various ways, of which the Commitete on ' 1\lr. HASKINS. 1\fr. Chairman, whatever the gentleman may War Claims have no knowledge, because the Committee on anticipate, or anyone may anticipate, that the Senate may do Claims alone has jurisdiction. To get a knowledge of these new· \Yith this bill ought certainly not to prejudice the House against claims they must go into original study in order to find out the bill which we now have under consideration, but the House whether the claims ought to be allowed. Claims under the should be prepared to act upon it fairly, without any regard Tucker Act-claims, as the gentleman bas well said, of such ·a whatever to what the Senate may do hereafter. character that they could not have got in under the Bowman But, as suggested by the gentleman at my side [Mr. SULZER], Act--come back, or at least appear on the bill, after it has been '"Sufficient unto the day is the evil thereof." away from the House a sufficient length of time. Mr. 1\IA..J.""''~. That is a very good Democratic doctrine. l\fr. GAINES of Tennessee. Does the gentleman ask that 1\fr. HASKINS. Well, we will adopt it, for it is good Biblical we should defeat this bill because the conferees may do docti·ine. wrong. Mr. GAI1\'ES of 'l'ennessee. It is mighty good people's doc l\fr. PAYNE. If the gentleman will possess his soul in pa trine, too. [Laughter.] tience I will try. to make my position understood during the .Mr. SULZER. The gentleman from Illinois evidently is not small portion of the hour I am entitled to that I shall use . as familiar with the Bible as he is with the policies of the l\Ir. GAINES of Tennessee. Very well; I hope the gentleman Democratic party. [Laughter.] makes it clear. 1\'Ir. l\1ANN. I have not had as much occasion to become fa l\fr. PAYNE. l\Ir. Chairman, I have been sometimes a sort miliar with it. of auxiliary member of the committee on conference when a Mr. SULZER. It would do the gentleman a great deal of claims bill has been before that committee, and I remember good to read the Bible. [Laughter.] one Congress that I spent most of my time night and day for l\Ir. 1\f.Al\"N. It has never done the gentleman from New York two or three weeks trying to get a knowledge of claims that any good. [Laughter.] appeared for the first time in the bill, finding that the former l\Ir. S LZER. I don't think the gentleman from Illinois is chairman of the committee· had little knowledge of them. a competent judge of that. Afte·r a long struggle, in which compliments were showered Mr. HASKINS. l\Ir. Chairman, I want to say that I have upon me not so much by the membership of this House as by labored in the committee room, and the committee has agreed some other gentlemen, we succeeded in taking out a good many with me, to keep everything out of this bill that we have re of the claims that ought never to be in any bill and certainly ported to the House except the finding of the Court of Clailns, not in any law ever recognized by the Government of the and if the bill should come back to this House loaded down United States. with spurious and miscellaneous measures that ought not to I remember the last time we had such a bill before the have a place in the bill at all I will second the efforts of the conference committee that there was one particular claim on gentleman from Illinois to prevent action, for I would rather that bill which· was opposed by the former chairman of this see the bill fail unless it is a fair bill. committee ; he said he could not allow it any way. I looked l\Ir. PRINCE. l\Ir. Chairman, I want to suggest to the gen into it and I found that the Court of Claims had found that tleman from Vermont, chairman of the Committee on War the party was disloyal, and for that reason the Committee on Claims, that the idea of the gentleman from Illinois that the War Claims in the House had refused to agree to it. I found bill may be loaded down with amendments will apply to any bill that the Committee on War Claims bad reported that claim that this House passes that goes to the other branch, and it by a separate bill, which was upon the Calendar. Of course it would apply to a bill passed by any committee in the House, as is but just to say for them that notwithstanding the Court well as any passed by the Committee on 'Var Claims. of Claims reported against the loyalty of the claimant, a former l\Ir. PAYNE. Mr. Chairman, I congratulate the present Attorney-General of the United States had written a letter or House that progress is being made. I can remember, not a an opinion, in which he seemed to take ground against the great many years ago, when I seemed to be very much alone in Court of Claims, and, I think, contrary to a decision of the looking into claims that were presented to the House. I should Supreme Court, which the gentleman from Vermont [Mr. HA.s haye been glad in the earlier years to have bad the assistance KINS] has included in his report on this bill. I only speak and the leadership of the gentleman from Illinois-- of this to show the gentleman what he has to face. I have Mr. l\IANN. I always follow the lead of the gentleman from no doubt that he will bring the same integrity and ability to New York. the consideration of those amendments when they come here l\Ir. PAYNE (continuing). In looking into the claims that as he has so far given to this bill and to the matters before come before the House. Other gentlemen have acquired the his committee and as he has ever manifested during the years same habit, not to speak of individual 1\Iembers of Congress. it has been my pleasure to serve with him as a l\Iember of the The House is getting to that point where it seems to be the House. desire of the House to look carefully into these claims and l\Ir. HASKINS. 1\fr. Chairman, I simply want to say to where there is less disposition than there used to be in the the gentleman that I do not think he need borrow any trouble years that· are past to manifest a sort of general feeling that about the bill to which he has just referred ever being brought "I have got a claim, and therefore I won't look too closely into up in the House. other claims in order that they can all go through." l\fr. PAYNE. I am glad to hear that from the gentleman, I am glad to see that t11e new chairman of the Committee on and that is another assurance which is very grateful to me. War Claims-although he is an old Member of the House, but I would like to see the honest bills against the United States new to this particular business-bas made !'tt1ch a thorough ex Government paid. I have been beseeching the Committee on amination of claims in this bill. I have looked into his report, Claims for the last six or eight years to select the claims that as far as I have been able owing to the time required for the were honest and just and which in their opinion ought to be study of other matters, and I congratulate him on the ability pa!d, and to bring them in here and put them on the Calendar 1724 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7, early in the e" ion, that they might receive the con ideration ~rhether this or that pension was right, exactly, whether or of the Hou e, and not l t some one put in a bill here that ought not the applicant was entitled to a pen ion, but, sir , that not to be pa:id at the end of the Calendar and block the Cal time has· pa sed, and I am glad of it. I am glad to know that en 1908. CONGRESSIONAL RECORD-HOUSE .. 1725' stationed there at the time, and the officer in charge, as stated The question was taken, and the amendment was agreed to. in the finding of fact, claiming that some of the whisky had The Clerk read as follows : been sold to men belonging to his command, in violation of his To John Wood, of McCracken County, $880. orders, had the entire stock confiscated and taken away. It Mr. HASKINS. 1\Ir. Chairman, I mo\e to amend on page 20, was taken away in military wagons, ·and the general under line 1, by striking out the word " McCracken " and inserting in standing there at the time was, as the proof shows, that it was lieu thereof " Tishomingo." finally taken to a military hospital located at Mount Sterling The Olerk read as follows: for the use of patients in that hospital. The court says in its lri line 1, page 20. strike out "McCracken " and insert "Tishomin- finding that the evidence does not show to the satisfaction of go," so as to read "Tishomingo County." the court what use was made of the liquors. Now, it is true The question was taken, and the amepdment was agreed to. that there is no specific testimony in the record showing just The Clerk read as follows : how the whisky and other liquors thus taken were disposed of. To Susan E. Joyner, Mary E. Roberson, Martha F. Luster, and Jane I ha-ve taken the trouble to get an abst ract of the testimony in F. Crump, sole heirs of Joseph Anthony, deceased, late of Sumner the case and I ha-ve it here. Major Wood, a distinguished County, $4,520. Union officer who is now the United States pension agent at 1\Ir. HASKINS. Mr. Chairman, I move to amend on page 26, Louisville, Ky., testified that he was there at the time and that line 10, by striking out the word "Joseph" and inserting in the liquors were hauled away by order of Major Benjamin, lieu thereof the word "Josiah," so that it will read "heirs of commanding the Union forces there, and taken toward the Josjah .Anthony." quartermaster's department, and that the general understand The Clerk read as follows : ing was tllat it was used by the military authorities. The Page 26, line 10, strike out "Joseph" and insert "Josiah." claimant himself testified that the liquors were appropriated The question was taken, and the amendment was agreed to. and used by the military authorities for hospital patients. Mr. The Clerk read as follows : Burroughs, who was the partner of Mr. Hall, also gave sub -To Charles W. Hewglez, of Wilson County, $580. stantially the same testimony. I submit to the House that in those days when whisky got into the possession of the officers Mr. HASKINS. 1\Ir. Chairman, that name should be and men as this did, whether in Kentucky or elsewhere, the amended, so as to read "Charles W. Hewgley" mstead of presumption that it was not destroyed, but used by them, is so "Hewglez." strong that there is no need of offering testimony in support of The Clerk read as follows : Line 13, page 29, change the spelling of the name to " Hewgley " the proposition. In fact, the presumption I think may be re instead of "Hewglez." garded as conclusive. [Laughter.] This hlr. Hall is now an old man. Every dollar of his savings was invested in that The question was taken, and the amendment was agreed to. business, and this confiscation of his property left him penni The Clerk read as follows: To Robert E. Williams, John T. Williams, Mary E. Williams, George less. He was intensely loyal to the Union throughout the re 1\f. Williams, and Ida Williams-Eddy, heirs of estate of Robert M . Wil bellion. He has never received a dollar of compensation for liams, deceased, of the city of Dallas, $1,140. this loss. If I had the slightest doubt that his claim was less 1\Ir. HASKINS. Mr. Chairman, I have an amendment to just than others embodied in this bill I should not offer this offer. amendment. But I feel that this amount, and more, for that The Clerk read as follows : matter, is justly due him from the Government, and I believe Page 32, between lines 15 and 16, insert the following : that the House will so decide. I am sure it would if it knew "VER:!IIO~T. the facts as I know them. [Applause.] "To Henrietta V. Dale, widow of John J . Dale, deceased, of Win l\fr. HASKINS. l\fr. Chairman, I desire to state for the in dom County, $124.06." formation of the House the reason why this claim was not in Mr. HASKINS. This is a finding which has come in since cluded in the bill. It is for nine barrels of pure copper whisky, the bill was printed. four barrels of pure apple brandy, one barrel of Holland gin, The question was taken, and the amendment was agreed to. one barrel of ginger wine, and six barrels of spirits, amounting The Clerk read as follows: to $3,027. This, it seems, was owned by 1\fr. Hall, the present To the trusteea of the Methodist Episcopal Church of Lamberts claimant, and 1\Ir. Burroughs. The court found as a matter of Point, $780. fact that they were selling liquor to the soldiers that were st.. Now, this bill contains nothing but pure and simple findings under such an omnibus resolution that these claims were re upon House bills, and I object for the want of jurisdiction of ferred. The rules of this House do not permit of the reference these claim . of war claims to the Court of Claims when the Speaker is op . l\lr. STAFFORD. Do I understand the gentleman to make posed to even the consideration of such claims, and therefore the point of order on these amendments? it is that Members must get them referred in the Senate or not :Mr. HASKINS. I make the point of order against them. get them referred at all. This in no way affects or detracts :Mr. JONES of Virginia. I do not suppose it is necessary for from the merits of the e claims, and does not, in my opinion, me to discuss the point of order. constitute any good reason for opposing their being placed in 1\Ir. HASKINS. That they are findings that have been had this bill. They have recei\ed the same examination by the on bills sent to the Court of Claims by the Senate and not by Court of Claims that has been given to the claims embraced the House, and. beyond our jurisdiction. therein. Tot only that, they ought not to be forced into this bill with On the contrary, it does seem that bills referred by re olu out the committee, or some member of the committee, inspecting tion of the Senate have really had more consideration than bills these items and examining them. referred merely by the Committee on War Claims without any Mr. JONES of Virginia. The chairman of the committee intervention on the part of the House. These claims are as bas stated two distinct propositions. He has raised a point of meritor iOl}S as any contained in this bill, and they ha>e re order against my amendment on the ground that the claims ceived the same considerat,ion at the hands of the Court of which it embraces were referred to the Court of Claims by Claims, the Government having been represented in every in the Senate and not by the House. 'l'hat is one proposition. The stance by a representati>e of the Department of J ustice. 'l'he other contention of the gentleman is that they ought not to Court of Claims has carefully considered eyery . one of them be included in this omnibus bill in any event. and fixed the amount due by the Government. .As to the point of order, I do not believe it is necessary for 1\fr. DRISCOLL. Will the gentleman allow a question? me to discuss that. 'l'he items in this bill, as well as those in 1\lr. JONES of Virginia. Certainly. my amendment, are all findings of the Court of Claims, and Mr. DRI SCOLL. Were there many other claims of the same whether they were referred to the Court of Claims by this character referred by the Senate to the Court of ClaimS! H ouse or by the Senate, or, in cases referred under the Bowman l\lr. JONES of Virginia. There were a great many others. Act, by the Committee on War Claims of this House, is wholly Mr. DRISCOLL. What became of the other claims? · immaterial. The claims are all of the same character, and all l\fr. JONES of Virginia. I can not answer as to that. I am havibg been pas ed upon by the Court of Claims, it is of no not familiar with the history of the war claims repre ented by importance as to how they got before that tribunal so they got my colleagues. They were all doubtle s passed upon by the there properly. It seems to me that ·a mere statement of that court. It may be that in a number of cases the Court of fact disposes of the question of order. I should like to ha\e Claims found that the claims were not well founded. 'l'he the Chair rule upon that point before I undertake to reply to claims embraced in my amendment have been favorably re the objections urged to the adoption of my amendment. ported on by the Court of Claims and have been referred back The CHAIRMAN. Will the gentleman from Vermont, chair to Congress for payment. man of the committee, state whether this bill contains :my Mr. DRISCOLL. Is it expected that the· claims referred by other than war claims? the Senate to the Court of Claims and passed upon by the l\1r. HASKI TS . No; this bill contains nothing but claims Court of Claims will be sent back to the Senate to be pas ed growing out of the war-no miscellaneous claims. upon by the Senate? Mr. J ONES of Virginia. The claims that I ask to have put l\Ir. J ONES of Virginia. They may be sent back to the Sen on the bill all grew out of the war, are all war claims ; and ate for payment, but it is entirely immaterial, in my judgment, I further state, in connection with what the chairman of the which body first considers them. The fact that claims are re- committee has said, that bills covering these claims were in . ferred in one body does not preclude, I take it, the other body tr oduced in the House, and referred by the House to the Com from first considering the question of their payment. It was mittee on War Claims, whether that committee ever examined perfectly competent, of course, for this House to have pa sed them or not. the reference resolution; but the gentleman from New York The CHAIRMAN. Will the gentleman from Vermont state knows how difficult it is always to secure the passage of a re o whether there is anything to differentiate these claims from lution of that sort here. the other claims inclmled in the bill, except the fact that they Ir. DRISCOLL. Why can not the gentleman get the claims were referred to the Court of Claims by the Senate? inserted in the bill after it goes to the Senate, where the com Mr. HASKINS. I know of none, because I have not seen mittee of that body has had a chance to pa s upon them? t hem, and I thiiik it is wrong and highly preposterous on the l\Ir. JONES of Virginia. I think that the gentleman from part of the gentleman to undertake to force into this bill Illinois [Mr. MANN] was right when he said the probability is claims which the committee never ha\e passed upon and never that this bill, if it gets to the Senate, will haye these claims put ha\e seen, and which no other .Member of this House probably, on it there; but the gentleman from Illinoi has also said to except himself, ever has seen. the House that if the Senate amends this bill by adding to it The CHAill~f.AN. The reports on the bills indicate that they any considerable number of claims, it will encounter great oppo are of the arne nature as the claims included in the bill under sition when it gets back here. The only rea on which ha been consideration, and that they were referred to the Court of offered for not including such claims a I represent in this bill Claims under the acts known as the Bowman Act and the was that to have done so would ha\e made the bill too large Tucker Act by the Senate. That being so, the Chair holds and thus endanger its passage. The same result must follow, that the amendment is germane, and overrules the point of no matter where the claims are put on. · - order. l\fr. DRISCOLL. Let me ask the gentleman, Are the find JUr. HASKINS. Then, 1\fr. Chairman-- ings of the Court of Claims, when sent to them from the Senate, The CHAIRl\IAN. The gentleman from Virginia [Mr. JoNEs] sent back to the Senate, and those sent to the Court of Claims withheld his discussion on the merits until this decision, so by the House referr d back to the Hou e? · . the gentleman from Virginia till has the floor. l\Ir. JO~'"ES of Virginia. I am not sure as to this. I think Mr. JO~'"ES of Virginia. Now, JUr. Chairman, I understand Senate bills 'are sent back to the Senate and House bills to that one of the objections urged by the chairman of this com this body. mittee to the payment of the claims embraced in my amendment, l\Ir. DRISCOLL. Those referred by the Senate to the Court or at least to their being incorporated in this so-called "omni of Claims are reported back by the Court of Claims to the bus bill," is that they have·never been considered by the com Senate, are they not? mittee of which he is the honored chairman. 1\Ir. Chairman, Mr. JONES of Virginia. I am not entirely familiar with the a a matter of fact, separate bills were introduced in this House cour e which is pur ued, but I can say to the gentleman that in the Fifty-ninth Congress, bills which had been introduced the omnibus bills which have been reported by the Committee in a number of Congresses previous thereto, for the payment on War Claims heretofore, and which have been pa ed in this of each one of these claims, and each of those bills was referred House, have included a great many bills referred to the Cour't to the Committee on War Claims, and the gentleman knows, of Claims by the Senate. I think the large majority of the what every other 1\fember does-what the difficulty has always claims heretofore embraced in omnibus bills originating in the been of getting this House to refer these just claims to the House were referred to the Court of Claims by the Senate. Court of Claim . For this reason the almost universal custom 1\fy understanding is that after the Court of Claims examines , has been for Members having them in charge to secure their and pa ses on the bills the committees of the two Houses do ·introduction in the Senate also. The Senate has more than not look >ery carefully into the. questions passed upon by the once by a single resolution referred all the claims of this court. character pending before it to the Court of Claims. It was The point I make is that these claims are of exactly the ·------· - 1908. CONGRESSIONAL RECORD- HOUSE. s..'lme character as a number of the clnims embraced in this of Claims." We would look it up and find that it was a Senate bill, and the mere fact that the claims embraceU. in this bill bill that had l;>een reported back to the Senate, and I would wE're referred by the House or by the Committee on War Claims my to the .M mber that all he hud to do was to go over to the . to the Court of ClaimN does not, or at least onght not to, Senate and see Senators or members of the Committee on Claims gi\e them any better standing in this body than claims re in the Senate, and when this bill gets o•er there it will be f rred by a resolution of the Senate. For this reason I think amended by placing in the bill those findings. Anofuer objec it Yery unjust to exclnde them from this bill. It is beeause I tion that I haye to embracing in this bill the findings the gen know the claims embraced in my amendment to be in al) re tleman from Yirginia (.Mr. JoNEs] h.: s inh·odnced here is this, Etpects as just and meritorious as any .included in the pending that I have _not seen them. 'l'here is not a single :finding there bill tbnt I h!l.\e offered my amendment. They are of precisely in this bill as reported but TI"hat I have examined once or i'.vice the same character as the church claims in this bill, and they or three times over, so that I know what is in them, and I can should, in fairness and justice, receh·e the same treatment. stand here in the face of this Honse and affirm that I knew '.fbe objection urged against them is purely technical, and it is what they contained, and I di~like very much to have these not, in my jud!!lllent, a valid one. All daims of like character claims that ha•e not been inYestigated by any member of the and merit should receive the same treatment. It is not just to Committee on War Claims inserted here, and I ask that the single out a few church bills and give them this advantage over committee vote down this amendment. hundreds of others of equal merit. 1\Ir. Sil\IS. 1\Ir. Chairman, I hope the amendment of my Mr. HASK~S . ::'IIJ;. Chairman, I thank the gentleman from friend from Virginia will not be adopted, not out of :my hos Virginia [1\lr. JoNES] for the compliment which he has paid the tility to the merits of the claims, because I do not know what Committee on War Claims when he informs the House that he they are. under tands that the committee gave but very little attention The Committee on 'Var Claims agreed to make up the omni and examination to these findings of the Court .of Claims. I bus bill containing only findings of the Court of Claims on ref do not know how it has been heretofore, bl'tt during this ses ion erences made by the House. Numbers of Members of the of Congress the Committee on War Claims has not taken as Honse, especially on this side, have besought us to embrace in conclusive the findings of the Court of Claims, except upon the that bill findings of the Comt of Claims on Senate references, subject of loyalty and the amount found due; but they ha >e and we have refused every one of them. although some I know giyen thorough and careful investigation to every finding that were from my own State. We did not go into the merits of has been reported to the House by the court. Let me say for any of them. They were referred by the Senate, and the pre the information of the gentleman-and he ought to ha\e known liminary in•estigation of those findings should first be by the it because he has ser-.ed in this Honse much longer than I body which referred them, because, possibly, as liberal as that have--that bills emanating in the Senate that are sent down to body is, they may turn some of them down, and we may never the Court of Claims are certified back by the Omrt of Claims to haye to consider them, but it would be very unjust to those the Vice-President or the presiding officer of the Senate. Bills l\1embers of the Honse who have claims exactly in the shape of that originate in the House, after they have been passed upon those of the gentleman from Virginia should we adopt his by the Court of Claims, are certified back to the Speaker of the amendment and not amend the bill immediately so as to bring House. That is the way the Committee on War Claims in the all of them in, and we could not possibly do it here on the floor House gets possession of these :findings of the court I think it of the H(m e ; if we do, we take the Court of Claims' findings on would be discourteous, to ~ay the least, to the Senate of the faith without any examination. I want to say, 1\Ir. Chairman, United States for this Committee on War Claims of the House as far as I am concerned, that any finding from the Court of to undertake to assume. jurisdiction of claims, bills that origi Claims ·on claims sent there by a Tucker Act resolution I do not nate in that body and were. sent by that body to the Court o.f think should be binding on this Honse, especially as to whether Claims for the finding of facts. or not there ought to be an appropriation to pay them, because .Mr. DRISCOLL. Will the gentleman yield 'l the court has not expressed any opinion on that matter, has not 1\fr. HASKINS. Yes. rendered any judgment, nor ha-ve they been asked to do so. I Mr. DRISCOLL. The gentleman stated that this committee have seen claims passed by resolutions sent by this House under did not recognize as conclusive the reports or certificates of the the Tucker Act limiting the court to finding such facts as the Comt of Claims in all cases. I would like to ask him whether · author of the bill wanted certified and leaving the court abso in any ca es this committee has rejected the findings or conclu- lutely without expression on anything else~ I think they ought sions of the Court of Claims in any of these cases? · to be examined, each and eyery one of them, and I want to say ~Ir. HASKINS. I have already stated heretofore in the to my friend from Virginia we do examine these court findings House that we have turned down several of them because the when they come back, especially when referred under a Tucker Court of Claims was· unable to affirmatively find that the prop Act resolution, and if we do not we fail to do our duty, and this erty that was claimed to have been taken went to the use of the House ought to do it. I also want to say that I have not any Government. doubt his claims are correct, in view of his statement of tlle Mr. .MA.~. Is it not a fact that under this law the Court fact~ and in the Senate where they were referred they will be of Claims makes no recommendation as to whether the claim added to this bill and will meet no opposition in this body by ought to be paid? the conferees of the House if they are the character of claims Mr. HASKLTS. Yes; they simply make a finding. that are in this bill, and I take his word that they are. How 1\Ir-. 1\1A1'-.TN. All they do is to find the facts, and sometimes ever, he can see where we will be. If we take care of his, we a case comes before the committee where the court intimates will ha ye to take others in on the statement of the Senate find clearly that the clain1 ought not to be paid, although the find ings, which we haye invariably excluded from this bill. For ing of facts is there. that reason, and for that only, I hope the gentleman's amend Mr. HASKINS. The gentleman is correct about that, and ment will be voted down. these bills which originate in the Senate and which were certi ~Ir. ·wALDO. lli. Chairman, I do not think the amendment fied back to the Vice-President of the Senate ought not to be of the gentleman from Virginia should pass--- embraced in this bill at all. A year ago the omnibus bill re hlr. JO.dES of VirginiaL l\1r. Chairman, I will withdraw the ported by the Committee on War Claims failed, and one rea amendment, if the gentleman will yield to me. lir. Chairman, son was that it included in its findings of the Court of Claims I was going to say, in view of t.he statements made by the mem those that were reported to the Senate instead of the House, bers of the committee, that these claims and claims of a similar: as well as miscellaneous bills also. I would like to in>estigate character will be put on in the Senate and that there will be and examine those claims. no opposition to just claims of that character on the part of the .1\Ir. JO.~.TES of Virginia. Do I understand the gentleman to House when they come back here, I withdraw my amendment• say that one reason that that bill failed was because claims The CHAIRl\.IA.l~. The gentleman from Virginia asks unan of precisely the same character as those put on in the Honse imous consent to withdraw his amendment. Is there objection? "·ere put on in the Senate? [After a pause.] The Chair hears none. 1\Ir. HASKINS. I say it did fail, and it carried such bills. The Clerk read as follows : Mr. JONES of Virginia. I understood tile gentleman to say To Warwick Hutton, administrator of the estate of Samuel Morrison, that that is one of the reasons. · deceased, late of Randolph County, $1,340. l\Ir. HA.SKL.~S. It did not pass. Mr. HASKINS. Mr. Chairman, I move to amend the bill by 1\Ir. JONES of Virginia. I know that, but I do not think the striking out lines 1, 2, and 3, on page 35. gentleman will assert that as one of the reasons for its failure. The CHAIRMAN. The Clerk will report the amendment. It did not pass because it was. so large. 1 The Clerk read as follows: l\Ir. HASIHNS. Since this bill was made up I have been be On pa.,!,e 35, lines 1, 2, and 3, strike out the paragraph. sieged by Members of the House who would say, "Why is not The question was taken, and the amendment was agreed to. such a claim in your bill? There is such a finding of the Court The Clerk resumed and concluded the reading of the bill. - - - - I• I 1728 OONGRESSIONAL RECORD- HOUSE. FI~BRU.AEY 7, 1\Ir. HASKINS. Mr. Chairman, I move that the bill be laid _Mr. United States Army and commanding a post at Columbus, Tex., during the month of August, A. D. 1865. bill the old, original letter of Lieutenjlnt-Colonel Wilkinson Mr. HASKINS. Mr. Chairman, the gentleman from Texn.s was presented? 1\Ir. COOPER of Texas. It is true that the original letter [1\Ir. CooPER], who is a member of the Committee on War was presented, and is now on file with the Committee on War · Claims, has charge of the bill. Claims. · Mr. COOPER of 'l'exas. Mr. Chairman, I ask that the re 1\lr. BURGESS. Mr. Chairman, I would like to say briefly, port be read, as it gives all the information necessary about not only for the benefit of my friend from Illinois [Mr. l\fA N] this bill. but others of my colleagues, that this bill has been considered The CHAIRMAN. The Clerk will read the report. on the facts by two committees in this House. At a previous The Clerk read as follows : session the bill was referred to the Committee on Claim of The Committee on War Claims, to whom was referred House bill 14446, beg leave to report favorably and recommend that said bill do which my friend from Kansas [Mr. MILLER] was and is 'the pass. distinguished chairman. He 'vas of opinion, and so wa I, The facts in this claim, briefly stated, are these: During the year· and I am yet, that that was the proper committee to- consider 1863, 108 bales of cotton were seized in Gonzales County, Tex., by the Federal troops and were left temporarily in the possession o! A. .T. this bill. They considered it, made a unanimous report upon Dodges. tbe facts, almost identical with this report from this commit In the month of August, 1865, Col. W. T. Wilkinson, commander tee--identical in substance and fact-favorably recommending of a post at Columbus, Tex., wrote a letter to A . .T. Hodges, as follows: the bill, and it went on the Private Calendar. When the bill HEADQUARTERS POST, OoZumbtM, Tew., August 12, 1865. came up for consideration under the rule, my friend from Sm: I have been informed by Lieutenant Kook that the cotton in Illinois [1\Ir. 1\I.A.NN] objected then that it ought to go to the your possession is not in a fit condition to be moved. Upon receipt of Committee on War Claims, and the Chairman of the Committee this order you will please have the cotton rebaled. If you have teams, of the Whole who then occupied the chair sustained the point send the cotton to this place as soon as practicable, for which you will be paid. of order and sent it to that committee. Now, that committee I' Yours, respectfully, W. T. WILKINSON, has considered the facts, and they have unanimously made • Lieutenant-OoZoneJ, Commanding Post. a favorable report upon this bill, and I do submit that in view . Mr. A . .T. HODGES. The original of this letter, with the envelope, is filed with the com of such a consideration by two committees, both unanimously mittee. At 'this time there was no railroad, and the cotton bad to be and favorably reporting the bill, it would be useless and hauled in wagons to Columbus, a distance of about 100 miles. A . .T. unfair to protract further settlement of this matter. The IIodges, aided by his two brothers, C. C. and T. W. Hodges, had the cotton repicked and rebaled, purchasing bagging and rope for the facts are brief, and in my judgment will convince a majority purpose, and with teams hauled the 108 bales of· cotton to Columbus of this House that the point of order ought never to have from the home of A. .T. Hodges, in Gonzales County. When they been sustained, in fact, for ·the reason that it is a payment got there with the cotton Colonel Wilkinson was away and they were not paid. The cotton was delivered to Lieutenant Kook. After by the Government for work done after the close of the war. waiting two or three days for the return of Colonel Wilkinson they 'l'he only fact upon which the point of order could hinge wn.s returned home without having seen him. Several weeks later A . .T. the one that undoubtedly the cotton upon which the work was Hodges went to Columbus again to collect his pay. Colonel Wilkin son was still absent, and soon after the camp was broken up, and they done after the war had been taken by the Government during never received pay for the work. the war. The itemized account is as follows : Cotton in Gonzales County was seized, as it was in a good Labor ~ repicking and rebating 108 bales of cotton ______· .:._____ $540 many other places. This was left in charge of this man A. J . Bagging for same------243 Rope for same------90 Hodges. After the war closed, as the letter shows date of Hauling said cotton to Columbus______302 August 12, 1865, this lieutenant-colonel, then in command of a temporary post at Columbus, about 100 miles by dirt road-and Total------1,175 pretty bad ones in those days-wrote this letter asking this The committee is of opinion the work was done and services ren dered, and that these men have never received any pay ; that the bill man to repick this cotton, rebale it, and haul it to the post at Co is a reasonable one, for which the Government ought to pay. lumbus. In those days we did not have cotton baling down as 1\Ir. 1\IANN. Will the gentleman yield for a question? fine as we have it now. It did not then take \ery long for a 1\fr. COOPER of Texas. Yes, sir. bale of cotton to get in very bad shape, especially if it was ex 1\fr. MAl'fN. We have just passed a bill having something posed, and there were 108 of these bales. This was done by over three hundred claims in it which were referred to the this man, A. J., Hodges, with those that are joined with bim Court of Claims for a finding of facts. What is the objection in this claim. They repicked the cotton, bought tbe material, to having the Court of Claims pass upon this bill if it has and rebaled it, and tied it and hauled it this 100 miles down to merit? Columbus, and delivered it at the post. Now, this is establisheU. Mr. COOPER of Texas. Except that the facts are already by sworn affidavits, which were before both these committees. found and proven. The testimony has been submitted to the I have known these three men myself for twenty-fi\e years, and committee, and the committee have acted and reported that the they are as honest and upright citizens as there are in Texas. claim be paid. They performed the work that they were ordered to do by the 1\fr. MANN. The only testimony that is stated in the report Government; there is no question about that; the Government is what is said to be a copy of an order. got the cotton, and there is no doubt the Government ou , ht to Mr. COOPER of Texas. From a lieutenant-colonel in com pay what this colonel ordered to be done, and so from my point mand. of view the claim should never have been referred to the Com l\lr. l'dA.NN. Which I suppose was not obtained from the mittee on War Claims and has no place before the Soutlleru War Department. There was a letter written by somebody, Claiins Commission at all. but no finding of facts in reference to the matter at all. The 1\Ir. PAYNE. You do not raise any point of order upon that? committee will not pretend to say that it has given careful con 1\fr. BURGESS. l am arguing against any point of order. sideration to the facts in the case. Mr. PAYNE. You are not making the point of order? 1\Ir. COOPER of Texas. 1\Ir. Chairman, the gentleman from Mr. BURGESS. Yes. Illinois [Mr. MANN] makes tbe statement that the committee 1\Ir. PAYNE. You do? [Laughter.] certainly ha ye not carefully considered this bill. Mr. BURGESS. Mr. Chairman, I am not making the point of 1\lr. 1\fA::t\"N. I beg the gentleman's pardon. I said they have order. I will try to make the gentleman fi·om New York had no opportunity to carefully consider the facts in the case. understand • . . l 1908. CONGRESSIONAL RECORD-HOUSE. 1\fr. PAYNE. I think I understand you. States Treasury. I say that is, as a general proposition, far · 1\fr. BURGESS. The gentleman from Illinois suggests that from the case. Officers of the Army who did take possession of this claim ought to go with these other claims to the Court of property always had to have special authority from the Secre Claims. I say there is no reason for it to be referred., It only tary of the Treasury in those times; and although they might means another delay. These facts are simple and have been have been commanders of armies, they did not have authority established in affidavits before two committees, and I do not to deal with property unless it was by special direction and know what more we will know if the claim were sent to the through an agency extended by the Secretary of the Treasury. Court of Claims arid came back. Mr. BURGESS. I think technically the gentleman from Ohio 1\fr. KEIFER. I am not opposing your bill. You said this is right on the last ground, but he changes his ground rapidly. cotton had been seized by the Government dnring the war. Was His first position. was to inquire into the character of the tak the seizure made under what is called the " captured and aban ing of the property as determining liability, and upon that doned property act? " issue I said that there was nothing in it. Now · you make a 1\fr. BURGESS. Really, I do not know about that. point of the authority of the officer in the case. I do not think 1\fr. KEIFER. What was the form of the seizure that you the gentleman is making any captious contest about this little refer to? bill of mine. I know he is raot, because he says he is not; but 1\Ir. BURGESS. I do not know about that. I just really as that would be purely technical. It would be bad faith on the sume that it must have been seized in some way. I never in part of the Government to compel people who do work to de quired into it, because in my view that is utterly immaterial. termine technical questions of ..authority on the part of a lieu 1\fr. KEIFER. What I am trying to get at is the form in tenant-colonel. which title was acquired by the Government and what that title 1\fr. KEIFER. That is the way it is always, in n ny tr-ansac was at the time of the employment of these three men. tion. You have to find a competent agent to make a conh·act 1\fr. BURGESS. Well, really I do not know, and really, in for an individual, a corporation, or the GovernrneJt, and he my view of it, I submit to the gentleman from Ohio that would must act within the scope uf his agency. But if I were satis be immaterial in a question relating to the payment of this fi ed that the committee were right in reaching the conclusio:1 claim. _ that the Government of the United States got the proceeds of 1\fr. KEIFER. It might be quite different if it turned out the sale of this cotton, I would not make any point about wllether the Government had no title at all and this employment was the agent was authorized to take it or not-- for moving cotton that the Government had no interest in and 1\fr. BURGESS. There is no doubt about that. probably never got any benefit from. It might affect this ques 1\fr. KEIFER. Because in that case it would be }leld that tion. I do not concede that a lieutenant-colonel or a colonel or the Government had ratified the action of the party who as general in charge of a military post, unless he had special au sumed to be its authorized agent, and no proof of original thority from the Treasury Department to deal in such matters, authority to act would be required. had any right to rriake such a contract. I am not trying to Mr. BURGESS. Two committees have decided that the Gov overthrow your bill. but I want to see what foundation there ernment did get the money. was for it. 1\fr. KEIFER. I have not understood from any person tha~ Mr. BURGESS. I really do not know what the particular there was any testimony tenaing to show that this cotton was facts of the seizure were. I suppose it was done as that was subsequently sold and that .the money went into the 'l'reasury. usually done. 1\lr. BURGESS. We have the testimony of fiye credible per 1\Ir. COOPER of Texas. I will state to the gentleman from sons who swear th-at the cotton was delivered to Lieutenant Ohio that the Government received the cotton. The Govern Colonel Cook, acting at that post. Now, what the officer did ment ordered this done, and the Government received the cot with the cotton we do not know, and, in God's name, how could ton, and these men performed the service for the Government these citizens know that? I do not kno\v whether the officers under this contract which is shown by this letter. embezzled it, or sold it, or whether they turned it over to other 1\fr. KEIFER. Have you a letter, pr where is the evidence officers; but they got the cotton, and I think that is sufficient. to show that the Government received the cotton and got the Both committees say so. benefit of it? Mr. KEIFER. I think that throws the only serious suspicion Mr. COOPER of Texas. I know they got it. Here is the that there is against the claim-that last statement of the gen order and the affidavits on file before the committee. tleman, [Laughter.] Mr. KEIFER. What is the character of the testimony to l\fr. 1\fANN. Mr. Chairman, the gentleman from Texas, who show that the Government received it? I will concede that introduced the bill, . and the gentleman from Texas, who re somebody received it. ported the bill, both indicate to the House that this bill has 1\fr. COOPER of Texas. It was shown that it was received received careful consideration from the Committee on War by the officer. Claims; that the evidence relating to the matter has been 1\fr. BURGESS. It is shown by the affidavits of· five different presented to that great committee, and that hence the House citizens. ought to take the judgment of the Committee on War Claims, Mr. KEIFER. What was the character of the officer? based upon the evidence presented to that committee. It is Mr. COOPER of Texas. Lieutenant-colonel. unfortunate perhaps that the record of the bill itself shows Mr. KEIFER. That is not by any means conclusive, but that it was introduced in the Honse on the 2 th of January suspicious in the sense that very few officers represented the and reported the next day. Everybody in the House knows Secretary of the Treasury in seizing cotton during or at the that it is absolutely out of the question for the committee to end of the civil war or could take possession and dispose of have had an opportunity to give carefril consideration to the captured and abandoned property such as cotton and thino-s evidence in the case and report it into the House the day after of that kind. I do not think the Secretary of War could ha~e it was introduced. given that authority to have done what was done in this case. Mr. BURGESS. Will the gentleman be fair? Will the gen l\lr. W .A.LDO. Will the gentleman yield for a question? tleman kindly yield? Mr. KEIFER. Certainly. I am not in control of the time 1\fr. 1\IANN. I always am wi-lling to yield to the gentleman, and have no time of my own, but I will yield. [Laughter.] if he will possess his soul in patience until I have finished a Mr. WALDO. The gentleman does not mean to intimate that sentence. I yield to him with pleasure. he believes the lieutenant-colonel got the money himself? 1\fr. BURGESS. I will be patient, and I will present an ex l\Ir. KEIFER. I do not mean to say that; but it may be that planation that wi-ll be perfectly satisfactory, even to the gen nobody got it in the name of the Government. . tleman from Illinois, and that is putting it strongly. , · Mr. BURGESS. I think the gentleman from Ohio, who as l\fr. 1\IA!\TN. Well, I did not yield for the gentleman to throw I understand, is a good lawyer, would not say for a mi~ute slurs on me. The gentleman should ask his question, if he that we ought to refuse to pay these people because there wishes to. might have been a failure of title in the Government in the l\fr. BURGESS. There was no idea of a slur in it. property on which they had worked under the direction of an 1\fr. MANN. That was -the only idea, of course, I am per- officer of the Government. fectly willing to say. The gentleman and I are good friends. Mr. KEIFER. The officer of the Government must be one 1\fr. BURGES.S. Let me make my statement. authorized to act in such a matter. It seems to be assumed Mr. 1\fANN. I will let you make a speech in my time. by the gentleman from Texas, and probably by the committee, l\fr. BURGESS. I do not want to make a speech. The facts t~at a lieutenant-colonel in command of a temporary post has are these : The bill was introduced early in the session. The authority to act for the Government in the way of taking pos original documents, which were in the room of the file clerk, session of property and handling it and, in the name of the and which had been before the Committee on Claims, were Government, selling it and returning the money to the United gotten out and filed with that bill. XLli--109 - -, il730 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7, The chairman of the committee-who is present on the floor, ther, That the said William Wilmot White shall not by the passage of this act be entitled to back pay of any kind : And provided ftu·ther, and will verify the facts as I state them-upon examination of That the said William Wilmot White shall pass a physical examination the bill concluded that the phraseology of the bill I had intro . before said transfer, showing his fitness to enter the active service of duced was deficient and it was really necessary to change the Navy. it so that under the ruling of the Treasury officials the money The bill was laid aside to be reported to the House with a would be paid, and be kindly sent for me and ga>e me a copy fa Yorable recommendation. which be had drawn with the correct phraseology and which I introduced, as the gentleman from Illinois has stated, and L. K. SCOTT. which was reported the next day, the committee having previ Mr. MILLER. Mr. Chairman, I ask unanimous consent to ously passed upon the substance of the facts of my bill and the take from the Priv-ate Calendar the bill (H. R. 2756) for the proof which accompanied it. relief of L. K. Scott and consider the same at this time. Mr. MANN. I should say that the gentleman's explanation The CHAJR.l\f.AN. The gentleman asks unanimous consent was proof satisfactory and fully exonerates the committee. for the present consideration of the bill, the titl~ of which the Now, that does not go to the main objection of the proposi Clerk will report. tion in this bill. We have just passed an omnibus bill con The Clerk read the title· of the bill. taining war claims with over 300 items in it, which · has been The -CHAIRMAN. Is there objection? [After a pause.] considered by the Court of Claims, where the Government was The Chair hears none. The Clerk will read the bill. represented by counsel, where full opportunity was gh·en for The Clerk read as follows. Be it enacted, etc., That the Secretary of the Treasury be, and he is the Gov-ernment to put in its side of the case, where the facts hereby, authorized and directed to pay to L. K. Scott the sum of are ascertained and reported to Congress, and everyone here $7,500 for royalty upon telescopic s1ghts ; and said sum shall be in knows that it is not within the power of the Committee on full satisfaction of all claims in behalf of said Scott. 6r his estate, against the United States arising from the use of s:lld telescopic War Claims in the House, or any other committee, to give con sights; and there is hereby appropriated, out of any money in the sideration to the facts in regard to all the bills before the Treasury not otherWise appropriated, $7,500 fot· the purposes specified committee. in this act.. _ Now, why is it sought to take this kind of a claim out of the Mr. MANN. Mr. Chairman, I desire to make a parliamen general rule and send it to the Committee on Claims? My tary inquiry. For what purpose has this bill been read? obsenation in the past has been that when a man had a good The CHAIRMAN. The gentleman from Kansas asked unani claim he asked to have it referred under the Bowman Act; if mous consent for its present consideration, and that consent he had a doubtful claim he asked to hav-e it referred under the was granted. Tucker Act; and if he had a thoroughly bad claim he asked Mr. MANN. Before the bill was read_? to refer it to the committee without any reference to the The CHAIR.l\IAN. Yes. Court of Claims. That is the suspicious fact about this bill. Mr. MANN. That is a v-ery unusual proceeding. If it is a good claim it can be reported on after it is passed The CHAIRMAN. After the title was read the gentleman upon by the Court of Claims. obtained unanimous consent for its present consideration. Mr. COOPER of Texas. Does the gentleman from Illinois Mr. .MA1\TN. It is a very unusual proceeding to ask that the II insist that this claim could be referred under the Bowman or title of a bill be read. t: Tucker Act? Is it that character of claim which could have Mr. W AI,DO. Mr. Chairman, I do not understand that that · I~ been referred under those acts? is a parliamentary situation at all. Under the rule, if the Mr. MANN. Why, certainly; this bill can be referred under Committee on War Claims or anyone interested in war claims the Bowman Act. waives the right to proceed, the Committee on Claims has pre Mr. COOPER of Texas. By Congress. cedence, and there is no such parliamentary situation us stated. Mr. MANN. It can be referred by the committee under the .Mr. MILLER. Mr. Chairman, the Chair having decided, I Bowman Act. think I shall proceed. There will be no objection on the part Mr. COOPER of Texas. Well, for the purpose-of concluding of this committee, or especially on the part of the chairman, to the argument, I will admit the fact. [Laughter.] any Member of this House objecting to any bills that we Mr. MANN. The gentleman from Texas is on the Commit present. There is no such pride on the part o! the committee tee on War Claims; he is a distinguished member of that com that would cause our feelings to be wounded for a single mo mittee, and a very distinguished Member of the House. I am ment if any Member of this House desires to offer any objection very glad, by the way, to see him back in the House, because to any report that we present. We present only such reports I think he is an ornament to this body. The Bowman Act as in our judgment we feel justified in presenting to the Com provides that whenever a claim or matter is pending before any mittee of the 'Vhole. House. committee in the Senate or House, or before either House, In brief, I desire to say, in reference to this bill, that it is which iilvolves the investigation and determination of facts, a bill for the relief of L. K. Scott. L. K. Scott, in 1800, entered etc.-it may be referred to the Court of Claims. Nine-tenths into an agreement or contract with the War Department to of the claims in the omnibus bill just passed were referred to furnish that Deparbnent some telescopic sights. At the time the Court of Claims under that provision of the law. Why he did not want to sell one or two of these sights without • does the gentleman seek to take his claim out and give it a having some assurance that he might sell to the Government more preferential standing, instead of being willing to pass it a large number of sights, so that he might make a large profit through the scrutiny of the Court of Claims? out of his invention, and the War Department agreed with him. Mr. COOPER of Texas. Mr. Chairman, I move that the bill He went then to the Patent Office and filed an application for be laid--aside to be reported to the House with a favorable rec a patent, and took out a patent upon his sights, and then he ommendation. sold to the Wa:t: Department these sights. It was understood Mr. DRISCOLL. Mr. Chairman, may I ask the gentleman at the time that a certain number of sights were to be pur from Vermont, chairman of the committee, a question? chased by the Government, but afterwards while a large number The CHAIRMAN. The gentleman from Texas has the floor. of sights had been purchased, not nearly the number that had Mr. DRISCOLL. I wanted to ask the chairman of the com been agreed upon or talked about were purchased, and the mittee if he recommends the passage of this bill? Government finally decided that they could not pay his claim The CHAIR.l\f.AN. The question is on the motion of the gen and offered the following as a reason : tleman from Texas to lay the bill aside with a favorable report. The War Department has endeavored to secure payment to Colonel The question was taken, and the motion was agreed to. Scott of the sum of $7,500 as royalty of $50 for each of the 150 sights first manufactured in the United States, and such payment has WILLIAM WILMOT WHITE. been recommended by the Ordnance Department, the Secretary of War, and the Secretary of State ; but as Colonel Scott's claim was not Mr. BUTLER of Pennsylvania. 1\Ir. Chairman, I move to founded u.pon a ·legal contract, payment from existing appropriations take up the bill H. R. 4763, transferring Commander William has been d1sapproved by the Comptroller of the Treasury. Wilmot White from the retired to the active list of the Navy. Colonel Scott was not a citizen of the United States, but The CHAIRMAN. The gentleman from Pennsylvania moves was a foreigner, and he entered into a contract with a Depart to take up the bill H. R. 4763. ment in this country, a Department of our Government, and we The question was taken, and the motion was agreed to. feel, as did the Secretary of State, and the Secretary of War, The Clerk read the bill, as follows: · and other officers of the Go-vernment, that we ought to keep Be it enacted, etc., That the President of the United States be, and good faith, especially with citizens of other countries if we he hereby is, authorized to appoint, by and with the consent of the Senate, William Wilmot White, now a commander on the retired list of do not with our own people. They have recommended this the Navy, a commander on the active list of the United States Navy, to payment, and I move that this bill be laid aside with a favorable take rank next above Commander Emil Th.ei.ss, Uni.ted States Navy: recommendation. Provided, That the said William Wilmot White shall be carried as additional to the number of the grade to which he may be appointed Mr. .MANN. Mr. Chairman, this bill is an old familiar under this act or at any time thereafter promoted~ Ana provided fUt·· friend. I suppose it might get through this time. It has failed 1908. CONGRESSIONAL RECORD-HOUSE.- .. 1731 The equitable right of Lieutenant-Colonel Scott to payment for the se--reral tilnes before. The facts are-! have not the report before use of his invention is stated in a report made by the Chief of Ord rue, for I did not expect this bill to be called up, but I remember nance of the United States Army to the Seci·etary of War on May 11, them well enough to state them-the facts are that a gentle 1903, a copy of which I also submit herewith. I do not hesitate, therefore, to recommend that Congress be asked man liYing, I belie"Ve, in England, having a patent on certain to provide for the payment of the claim in the amount stated by the kinds of gun sights, sold certain of his sights to this country. Chief of Ordnance. lle thought he was going to sell a large number,· and it is very Respectfully submitted. JOHN HAY; likely that the War Department thought they would purchase a Then, later, 1\fr. Taft, speaking of the same case in a letter of large number of sights. He sold two or three to begin with, took January 17, 1V05, said: · out a patent to protect himself in this country, and afterwards WAR DEPARTMENT, the War Department purchased a large number of additional Washington, January 17, 1905. sights from him, but not as many as he thought they ought to SIR: I recommend the passage of the bill appropriating $7,500 to Col. pur~hase. Afterwards his patent ran out, and the Government L. K. Scott. · It appears to be the general custom in European countries for those purchased a number of sights from a firm in Cleveland, Ohio, who have invented devices in arms for which generally governments are which sights it was claimed were an infringement, or would have the only customers not to furnish samples of their new devices, though patented, to any government except upon an agreement that been an infringement, of Scott's patent if that patent had still the government will take a la rge amount o! the arms. been in force. 'J:hat is all there is to the claim. There was no Colonel Scott was induced to depart from this custom by the under promise on the part of the Government to purchase any number standing that the Government, if the sample sights proved to be satis factory, would take a large number within a short time. The Gov.: of sights. They never purchased additional sights from him. ernment did take 100 sights, which made a profit to Colonel Scott of There is no certainty that the sights furnished by the Cleve about $;),000, but Secretary Root thought that he was entitled to antici land company were e"Ven an infringement upon the patent if pate a much larger sale than this. As a matter of fact, the 'patent which he took out to protect him expired before the Government used it had been in force, but here is a proposition to present a the sights. . gratuity to a man simply because he is not a citizen. of the Thereafter the Government did use a large number of the sights, United States. some 250. Secretary Root thought it equitable to allow Colonel Scott $7,500 in addition to that which he had already received, and I concur Mr. lliNSIIAW. Is the gentleman ce.rtain that the patent in that recommendation. There is no legal obligation on the part of had ceased to exist or had run out at the time of the purchase the Government; the moral obligation grows out of the· fact that of the Cleveland firm? Colonel Scott was induced to part with two sample sights wittll the ex pectation. which then Lieutenant Crozier and Colonel Scott both had, Ur. MANN. Well, I am not certain about that. I have that if the sights proved to be satisfactory the Government would at stated my recollection. in regard to it, and the gentleman may once purchase enough to equip all the guns in the artillery with them. correct me about it. I have not -read the report in recent The truth is that this is what ought to have been done, but through an months, but my recollection is that that is the case, and if the unjustifiable delay of the officer charged with the duty. the sights were not then purchased. When the Spanish war came on it was necessary patent had not run out there would have been no question of to manufacture them, and we were . enabled to manufacture them the payment of the claim by the Government or by the company quickly and promptly by reason of having obtained the sights from that sold the sights to the Government. If the patent had not Colonel Scott, when if we had not obtained them we should have had to secure .them, if at all, in some surreptitious way. run out, Warren & Co., or whatever the name was-Warren Very respectfully, was a member, I think, of Cleveland-that furnished these WM. H. TAFT, Secretary of Wat·. sights were perfectly responsible and good for the infringe- The CHAIRMAN COl\IMITTEFJ ON CLAIMS, - ment of the man's patent, i-f there was an infringement of it. United States Senate. Now, what excuse is offered? None has been offered to us for the payment of this gratuity. There is no claim against the I simply ask tlie committee to adopt the recommendations of Government, there is no promise on the part of the Govern Secretary of War Taft, of former Secretary of State, 1\lr. Hay, ment to purchase the sights. .All the sights the Government and of Elihu Root, Secretary of State at the present time, and ever pu_rchased from this man they paid him for, and they paid the President's indorsement and request. - him for some and they paid him his royalty, but because the 1\lr. PAYNE. Does the gentleman yield? Government did not purchase as many as he thought the Gov Mr. UILLER. Certaiiily. ernment ought to purchase from him, therefore we ought to pay Mr. PAYNE. I have been looking at the report, 1\lr. Chair the royalty he would have received if we had purchased a much man, and the report in this case refers to the report in the larger number. What justice is there in such a claim? And Fifty-ninth Congress, which seems to state the facts as they yet that is the claim before the House. were understood by the committee at that time. I will read: Mr. MILLER. ·Mr. Chairman, I want-the committee to dis In 1889 the War Department ordered from Lieutenant-Colonel Scott, of the Royal Engineers, through Lieutenant Crozier, the representative tinctly understand what there is in this case. This is what the of the Ordnance Department in London, two Scott t elescopic sights for officers say in reference to it: _ trial. Colonel Scott was unwilling to sell a single sight to the Depart OFFICE OF THE CHIEF OF ORDNANCE, UNITED STATES ARMY ment without an assurance that in the event of its proving satisfac Washington, Ma'rch 16; 1900. tory the right of manufacture should be purchased or a further supply Sm: I have the honor to transmit herewith an estimate, amounting of sights be ordered to the value of about $100,000. Knowing the diffi to $7,500, for compensation to L. K. Scott for his telescopic sights pro culties in the way of making any such arrangement, Lieutenant Crozier cured by this Department. Accompanying the estimate are the papers advised Colonel Scott to seek the protection of the United States patent on which the estimate is based, the action of the War Department laws, in order that he might sell a single sight without fear that it thereon, and the decision of the Comptroller of the Treasury (to whom would be used as a pattern without proper compensation to him. This the matter was referred for authority to pay the claim from an exist course was adopted, and having patented his system May 27, 1890, ing appropriation), to the effect that if the proposed payment were Colonel Scott furnished the Department with two sample sights, for predicated upon a legal contract, expressed or implied, he would be which he received £79. disposed to give it his approval, but in view of the faCts he finds that resort in this case must be had to the legislative department of Instead of making a contract, he told him to seek the pro the Government. The whole correspondence tends to show that the tection of the patent laws. inventor had reason to believe that he would eventually receive from this Government an order for a further supply of sights or a royalty Subsequently, in 1894, a -third sight, slightly modified, was pro for sights made in this country. . cured. This was subjected to a careful test, as the two. previous sights Very respectfully, A. R. BUFFINGTON, had been, and was found satisfactory. The War Department there Brigadier-Geneml, Ohief of Ordnance. after purchased 100 sights, for which Colonel Scott was paid £2,500, The SECRET AnY OF WAR. this price including the royalty of £10 per sight. Pending the delivery of these sights in the spring of 1898 the Spanish-American war broke Then, again, we have the following : out and it was not practicable to obtain others abroad. WAn DEPARTMENT, More sights, however, were urgently needed for the guns in place in Washington, Mq.rch 2B, 1900. the fortifications, and it was found necessary to manufacture them· in the United States: On March 22, 1898, an order was placed with SIB: I have the honor to forward herewith, for the consideration of Warner & Swasey, of Cleveland, Ohio, for 125 Scott sights, this num Congress, an estimate ($7,500) of appropriation required to pay L. K. ber being subsequently increased to 150. These 150 sights clearly em Scott a royalty for telescopic sights furnished the War Department, and bodied Colonel Scott's patent, though they differed slightly from sights to request that the item may be included in the general deficiency bill. previously furnished by him. Very respectfully, Colonel Scott's English patent expired November 18, 1895, having ELIHU ROOT, run the full term of fourteen years, and his American patent expired Secretary of War. contemporaneously with it. No sights, therefore, were manufactured The SECRETARY OF THE TREASURY. in the United States until after the expiration of the patent, and the Then the matter was referred to the Secretary of the Treas War Department, in view of the urgent need for the sights, was justi fied in placing the order with Warner & Swasey, inasmuch as none of ury, and h~ referred it to Congress, asking for an appropriation, Colonel Scott's legal rights were thereby infringed. and then afterwards 1\lr. Hay wrote the following: DEPARTMENT OF STATE, The War Department might have ordered the 150 sights Washington, December 11, 1903. which they ordered at the breaking out of the Spanish war, The PRESIDENT : without paying Colonel Scott anything, because his patent then In connection with House Document No. 533, Fifty-sixth Congress, first session, I have the honor to lay before the President a copy of a had already expired. · communication from the British ambassador with reference to a claim It thus appears that the United States has adopted and made use of of Lieut. Col. L. K. Scott, C. B., late of the Royal Engineers, on ac 250 Scott sights, embodying the Englisll patent, and of 185 others mod count of the adoption by the United· States Ordnance Department of a eled somewhat after the same patent-in all, 435 sights. Colonel lystem of sighting of which he is the inventor. Scott received royalties only upon the 100 sights made in England. ~' '1732 CONGRESS! ON AL RECORD--HOUSE. FEBRUARY 7, Now, it seems to be simply a ease that after a patent has man from New York, that I have asked unanimous C(}nsent to expired and the United States has paid royalty upon 150 of take up this, and the House has granted its consent. these patented articles, and then, because they could not get Mr. PAYNE. Oh, no. them of him and did not continue to pay it, went to somebody 1\fr. MILLER. I desire to say in reply to the gentleman else and got them to manufacture them, therefore here is a from New York, that the chairman of the Committee on War claim for a royalty of £10 a sight on these sights that were Claims has made his report, and there ar·e a number of other manufactured in the United States. Certainly the man has not wm· claims bills on the Calendar, and no member of this com the slightest legal or equitable standing. He knew when the mittee has asked to take those claims up, and when neither the patent expired. He knew it expired in November, 1905. He Committee on War Claims nor the members of this committee had the benefit of his fourtew years' patent in Great Britain have ask~d for their consideration, I J::ave the right to call up • and for the time it was patented here in this country. these clarms, and they have as much l'lght for consideration as Mr~ HACKNEY. Would not this also be extending this any others. patent law if we were to pass this kind of a claim by putting a Mr. 1\IADDEN. ~Ir. Chairman~ I want to say that the point further time on his patent than what was fixed by the general of order of the gentleman from New York is not well taken law? for the reason that the motion made by the gentleman fro~ 1\fr. PAYNE. That would amount to an extension of the Vermont in the House this morning was to the effect that the I patent law. Of course the House knows it has been the settled House resolve itself into Committee of the Whole House for purpose of the House not to extend any patent law for our own for purpose of considering bills on the Private Calendar, and citizens or citizens abroad. The time was when we used to do there was nothing whatever in the motion as to the considera that sort of thing by special act, but that bad practice has been tion of bills of the War Claims Committee on the Calendar. broken up and we have not had a single patent extended in Mr. MANN. But the rules provide in regard to that. Now this country, no matter how meritorious the device, no matter this is the situation, it seems to me. I do not think it make~ how late the patentee was in getting it upon the American mar much difference whether these bills are considered to-oday or ket, no matter how. little money he might have received for the not. Under the rules, the Clerk will proceed to report the bills work of his braina. They have established the fact that they from the Committee on War Claims on this day in the order in will not extend a patent. Then, why come in here and extend which they appear on the Calendar. The gentleman from this patent? Kansas asks unanimous consent to take up one bill. He could I Mr. MILLER. Mr. Chairman, I yield to the gentleman from ask unanimous co~nt to take up another bill, otherwise, as New York [Mr. WALDo]. I take it, this committee would have to proceed with the bills Mr. W.ALDO. I must beg leave to differ with the gentleman on the Calendar in the way in which they appear. from New York [Mr. PAYNE] who has just spoken, when he 1\Ir. MILLER. Will the gentleman allow me a question? says that there are no equitable rights in this case. I am Mr. MANN. Certainly. happy to say that our Secretary of State and a former Secre 1\Ir. 1\IILLER. Is there any person asking permission to call tary of the •.rreasury and the President of the United States up an.y bill on the Calendar from the War Claims Committee? . I agree with me that this is an equitable claim that the United Mr. MANN. The gentleman misstates what I say. It is not States ought to pay. The question is not a question of patent necessary to ask permission to call up a bill on that Calendar at all. This inventor had this invention that eventuallv we from that committee. When the House goes into Committee of were obliged· to use by reason of the Spanish-American war by the Whole House on the Private Calendar it is not necessary means of an agreement made by our War Department with nor customary for some one to ask unanimous consent to take Colonel Scott, that got that invention for use in this country for up or to move to take up a bill. The bill takes up itself in the War Department on the agreement that we would pay for regular order unless otherwise ordered. whatever we used of them. And General Crozier got him to go l\Ir. FINLEY. I would like to state to the gentleman from 1: and take out a patent. That had nothing to do with the case. Illinois that I understand unanimous consent is ·required to We agreed to pay for that invention. The only thing in it is consider this bill. I believe in my nine years' experience in the that General Crozier thought we would try to beat him out of it House I have had but two claim bills of this character, and I if he did not get a patent. That is what these gentlemen want know this one is meritorious. The g~tleman who is named in us to do. This patent has nothing to do with it. We had his this case is now on his deathbed, and I hope there will be no ob invention. 'Ve could not have got it without the representations jection to its consideration. that General Crozier and our officers made to him. We got it 1\fr. l\1ANN. I can assure the gentleman, so far as I am con and we used it, and all the officers of the War Department, th~ cerned, I am perfectly willing that all these bills from the com Secretary of State, and the President say that we ought to mittee may be considered in that way. pay him as we agreed to, and that is what I believe, and that Mr. FINLEY. I . have had only two bills before the Com is what our committee unanimously believe, and that is why mittee on Claims, and I hope this one will be considered, as I we report that bill here. And that is the reason I think this have information that the claimant is on his deathbed. House ought to vote to pay him. Mr. PAYNE. So far as the point of order is concerned, it is Mr. MILLER. I move that the bill be laid aside with a perfectly clear what the order is to-day. It is to take up and favorable recommendation. give preference to bills from the Committee on War 1Claims on The question was ta.ken, and the chairman announced that the Calendar in the order in which they appear. Now, that the ayes appeared to have it. works automatically, and the only way that can be changed is Mr. .MANN. Division ! for some gentleman to ask to take up a particular bill. If the The committee divided, and there were-ayes 56, noes 16. gentleman wants to take up this bill on the Calendar,· I have So the bill was ordered to be laid aside with a favorable no objection to his asking it; but I want to see the committee recommendation. · proceed in order and not get into a disorderly way, trying to Mr. HASKINS. I move that the committee rise and report take up these bills out of their order on the Calendar. to the House such bills from the War Claims Committee as 1\lr. MILLER. I move that the committee proceed to the li have been. laid aside with a· favorable recommendation, includ consideration of the bill for the relief of John P. Hunter. ing the bill of the Naval Committee. The CHAIRl\fA.N. The Chair is of the opinion that the point 'The CHA.IRl\fA.l~. The motion to rise and report under these of order made by the gentleman from New York [Mr. PAYNE] circumstances has precedence. is well taken. The Chair is also of the opinion, however, under The question was taken, and the Chairman announced that the order adopted by the House on March 14, 1000, and re the noes appeared to have it. peated in every Congress since, that to-day we can not take 1\!r. PAYNE. Division r up the bills reported from the Committee on Claims, except by The committee divided, and there were-ayes 33, noes 64. unanimous consent, so long as there are any war claims on the So the motion was lost. Calendar. Mr. MILLER. I ask unanimous consent to take up the next JOHN P. HUNTER. bill on the Calendar. Mr. 1\IILLER. I now call up the bill (H. R. 2915) for the Mr. PAYNE. Will the gentleman let the bill be read, to see relief of John P. Hunter. what it is, before consent is given? The bill was read. Mr. MILLER. Certainly. Mr. PAYNE. I make a point of order against that bill. It The CH.A.IRMA.N. The gentleman asks unanimous consent is not in order at this time. This day has been set apart for to the following bill, which the Clerk will report. consideration of bills on the Private Calendar, giving the War The Clerk read as follows : Claims Committee preference. There are other war claims bills For the relief of John P. Hunter. on the Calendar. Be it enacted~ ~to.~ That t!J.e Secretu.1·y of the Treasury be, and he is hereby, authonzea and directed tc> pay to John P. Hunter, late Mr. MILLER. I only desire to say, in reply to the gentle- Unite_d States marshal for the district o! South Carolina, oat of a~y ... ------•--~- 1908~ CONGRESSIONAL RECORD-HOUSE. J733 money in the .Treasury not -otherwise appropriated, the sum ofJ308.13, Ur. HASKINS. 1\fr. Chairman~ I move that the committee which sum shall be taken and accepted and receipted for in f 1 s.atis faction of his claim for services performed by his deputy, H. J. Hickson, do now ~ise . in the case of the United States against J'. T. Tillman. The CH.A.IRl\f.A.N. The gentleman fr-om New York moves The CHA.IRl\fAN. Is there objection? that the committee do now rise and report the bills to the House There was no objection. with a fa \orable recommendation. l\fr. MILLER. I call on the gentleman from South Carolina The question was taken, and on a di-vision (demanded by Mr. [l\fr. PATTERSON] to make a statement in reference to this bill. HAsKINs] there were--ayes 4, noes 62. Mr. P .A.T'"_rERSON. 1\Ir. Chairman, this is a claim on the So the motion was lost. part of the United States marshal for the district of South L. B. WYAT!'. Carolina, who executed a bench warrant issued by the circuit judge of that circuit upon one J. T. Tillman. in the State of The CHAIRMAN. Th-e gentleman from Kansas asks unani Texas. He arrested Tilln:tan and brought him to Charleston, mous consent for the consideration of the following bill, which and when he made out his account for his fees for that service the Clerk will report. I it was rejected upon the g-:ounds that he was not the proper The Clerk read as follows : official to· perform that duty, that the United States marshal A bill (H. R. 3388) for the relief of L. B. Wyatt. of the district in Texas where this defendant was found was Be it enacted, etc., That the Secretary of the Treasury be, and he is the proper person. He did, howeTer, perform the service as hereby, authorized and directed to pa:v, out of .any money in the Treas required an .CONGRESSIONAL RECORD-· HOUSE'. 1735 Air. STAFFORD. 1\f~. Chairman, this bill is to reimburse .Mr. MANN. Do r understand the cliairman of the Committee the contractor for an amount which was deducted because the on Claims- to• say that the differ: nt Departments- o-f the Gov work was not completed within the stipulateu •time. The· con,. ernment now pr.ovide, where liquidated damages are put in a tract rn:ovided-for: the establishment of an electric lighting plant contract, that on failure to perform the contract on tii:ne in any at the Green. Bay Indian Reserv.ation and was to ha-re been case the head. of the Department> can waive these provisions? completed on. 1\IaiTh 1 last, but was n.ot completed until April Is that the practice? 2 • Forty-eight days ex.pirecl and. a· p-enalty of $10 a day 1\lr. MILL:mR. That is the very- reason these people are was exacted as provided in the contract for failure to finish here-because the Department could not give them relief. th.e work on the stated. dav. The Comptroller held, the Indian 1\fr:... ~!ANN. I understand· the- gentleman. from Indiana [l\fr. Commi sioner had no discretion whatsoever to relieve the con CRUMPACKER] suggests that he has information, acquired on. the tractor of this penalty, even. though. the Govei.:Iliilent had suf ff.oor here,. that the old )2ractice has- changed and now the fered no damage through the delay. Under the contracts that practice is that any Department can re.Ueve-- are now being executed discretion _is Yested. in the Secretary Mr. MILLER. No Department of the Government has any of the· Interior- to relie>e the contractors of the l)enalty when such.. authority. no injury ls suffered by the Department. Ih the present con To show the great injustice in claims of this kind, I call tract no such discretion was lodged with the Department. attention now to the ·last bill. The amount. of the contract was In. this instance no injury was- suffered by the- Govern $~,800, but the amount assessed as penalty was $1,480. There ment at all. The letter from the Secretary of the Tntetior as is no question in the world but that the man did everything in printed in the report shows that no damage was suffered what his power to fulfill his contract in. acc_ardance with the terms soever- and this bill seeks to reimbm·~ the contra.ctcrr $430, the thereof, but it was an utter impossibllty for him to CONGRESSI()N AL RECORD-HOUSE. REPORTS OF COMMITTEES ON PRIVATE RILLS AJ\TD By l\Ir. RIORDAN: A bill (H. R. 16628) to amend an act RESOLUTIONS. entitled "An act to e..~tend the free-delivery system of the Post Under clause 2 of Rule XIII, private bills were severally re Office Department, and for other purposes,'~ approved .January ported from committees, delivered to the Clerk, and referred 3, 1887-to the Committee on the Post-Office and Post-Roads. to the Committee of the Whole House, as follows: . By 1\Ir. HUFF: A bill (H. R. 16629) to provide for the erec Mr. 1\IOUsmn, from the Committee on Claims, to which was tion of a public building at Greensburg, Pa.-to the Committee referred the bill of the House (H. R. 1081) to pay Thomas P. on Public Buildings and Grounds. Morgan, jr., amount found uue him by Court of Claims, re Also, a bill (H. R. 16630) to provide for the erection of a pub ported the same with amendment, accompanied by a report lic building at Butler, Pa.-to the Committee on Public Bl.tild (No. 687), which said bill and report were referred to the ings and Grourids. Private Calendar. By Mr. DUNWELL: A bill (H. R. 16631) to increase the 1\fr. BUTLER, from the Committee on Naval Affairs, to salaries of the assistant appraisers of merc_handise at the port which was referred the bill of the House (H. R. 1199) for the of New York-to the Committee on Ways and Means. relief of William Parker Sedgwick, reported the same without Also, a bill (H. R. _16632) fixing the compensation of the amendment, accompanied b;y a report (No. 688), which said assistant weighers at the port of New- York-to the Committee bill and report was referred to the Private Calendar. on Ways and Means.· 1\fr. GREGG, from the Committee on Naval Affairs, to which Also, a bill (H. R. 16633) to authorize the Secretary of the was referred the bill of the House (H. .R. 12476) to place the Treasury to fix the compensation of day and night inspectors_of name of William _s. Shacklette on the retired list of the Navy customs-to the Committee on ·ways and Means. as pharmacist, r eported the same without amendment, accom Also, a bill (H. R. 16634) to equalize the salaries of ·the panied by a report (No. 691), which said bill and report were deputy collectors, deputy surveyors, and the deputy naval referred to the Private Calendar. officer at the port of New York-to the ·eommittee on Ways and 1\Ir. DAWSON, from the Committee on Naval Affairs, to Means. which was referred the bill of the House (H. R. 3822) for the Also, a bill (H. R. 16635) fixing the compensation of the relief of James Behan, reported the same without amendment. assistant gaugers in the customs service at the port of New accompanied by a report (No. 692), which said bill and report York-to the Committee. on Ways and Means. were referred to the Private Calendar. Also, a bill (H. R. 16636) fixing the compensation of the night inspectors of customs at the port of New York-to the Committee on Ways and Means. CHANGE OF REFERENCE. By Mr. · GRONNA: A bill (H. R. 16637) to amend section Under clause 2 of Rule XXII, committees were discharged 5192 and repeal section 5195 of the Revised Statutes· of the from the consideration of bills of the following titles; which United States-to the Committee on Banking and Currency. were thereupon referred as follows: By Mr. RYAN: A bill (H. R. 16638) to authorize the estab A bill (H. R. 1914) for the relief of Richard T. Gott, ad lishment of a light and fog-signal ship in Lake Erie, south of ministrator of Thomas N. Gott, deceased-Committee on Claims Point Abino, Ontario, Canada, in United States waters-to the discharged, and referred to the Committee on War Claims. Committee on Interstate and Foreign Commerce. A bill (H. R. 1916) for the relief of the council of Zion By Mr. NICHOLLS: A bill (H. ll. 16639) to amend .an act Evangelical Lutheran Church, of Williamsport, Md.-Com entitled "An act to protect trade and commerce against unlaw mittee on Claims discharged, and referred to the Committee on ful restraints and monopolies," approved July 2, 1890-to the War Claims. Committee on the Judiciary. · A bill (H. R. 7738) granting a pension to John L. Taggart By Mr. HENRY of ·Connecticut (by request): A bill (H. R. Committee on Invalid Pensions discharged, and referred to the 1G6-!0) for the establishment of a 1-cent 2-ounce letter post, Committee on Pensions. and for the simplification of the postal service-to the Com A bill (H. R. 7739) granting a pension to Ellis R. Brock mittee on the Post-Office and Post-Roads. Committee on Invalid Pensions discharged, and referred to the .A.lso (by request) a bill (H. R. 16641) for the improvement Committee on Pensions. of the free rural service-to the Committee on the Post-Office A bill (H. R. 7835) granting an increase of pension to Har and Post-Roads. riet V. Gridley-Committee on Invalid Pensions discharged, By l\Ir. BINGHAM: A bill (H. R. 16642) granting pensions and referred to the Committee on Pensions. to soldiers and sailors confined in so-called Confederate pris ons-to the Committee on Invalid Pensions. By Mr. KALANIANAOLE: A bill (H. R. 16643) to ratify PUBLIC BILLS, RESOLUTIONS, AND 1\IFThiORIALS. an act of the legislature of the Territory of Hawaii authoriz Under clause 3 of Rule XXII, bills, resolutions, and memo ing the manufacture, distribution, and supply ot electric light rials of the following titles were introduced and severally re and power in the district of Lahaina, county of Maui, Terri ferred as follows: tory of Hawaii-to the Committee on the Territories. - By 1\lr. GARRETT: A bill (H. R. 16622) to provide for the Also, a bill (H. R. 16644) to ratify and confirm an act of the issuance of process from courts of the United States in certain legislature of the Territory of Hawaii authorizing the manu cases-to the Committee on the Judiciary. facture and distribution of electric light and power in the dis By l\Ir. REEDER A bill (H. R. 16623) granting pensions to trict of Wailuku, on the island of Maui, Territory of Hawaii certain enlisted men, soldiers, and officers who served in the to the Committee on the Territories. civil war and the war with Mexico-to the Committee on In By Mr. BRADLEY: A bill (H. R. 16645) to create in the War valid Pensions. Department a roll to be known as the Volunteer retired list, By Mr. BONYNGE A bill (H. R. ;16624) to extend the pro to authorize placing thereon with retired pay certain surviving visions of section four of the act entitled " An act making appro officers and en~sted men of the United States Volunteer Army, priations for sundry civil expenses of the Government for the Navy, and marines of the civil war, and for other purposes-· fiscal year ending June 30, 1895, and for other purposes," ap to the Committee on Military Affairs. proved August 18, 1894, authorizing the Secretary of the In By Mr. ACHESON: A bilf (H. R. 16646) authorizing the terior, with the approval of the President, to contract and President of the United States to classify the postmasters. agree to patent to the States of Washington, Oregon, Cali clerks, and employees in the various post-offices of the United fornia, Nevada, Idaho, Montana, Wyoming; Colorado, North States-to the Committee on the Post-Office and Post-Roads. Dakota, South Dakota, and Utah, to the Territories of Arizona By .Mr. :McCALL: A bill (H. R. 16647) for the erection of and New Mexico-to the· Committee on the Public Lands. a replica of John Quincy Adams Ward's statute of Washing By Mr. FLOOD: A bill (H. R. 16625) to constitute a commis ton-to the Committee on the Library. sion to investigate the purchase of American-grown tobacco by By Mr. DENBY: A bill (H. R. 16648) to provide for the the governments of foreign countries-to the Committee on In appointment of an additional judge of the district court of the terstate and Foreign Commerce. United States ~or the eastern district of Michigan-to the Com By l\Ir. HOLLIDAY: A bill (H. R. 16626) authorizing and mittee on the Judiciary. empowering rural mail carriers to certify pension vouchers for By Mr. HARRISON: A bill (H. R. 16649) constituting a pensioners who reside upon the routes of said carriers, respec commission to investigate consular affairs-to the Committee tive1y, ·and for other purposes-to the Committee on Invalid on Foreign Affairs. Pensions. Also, a bill (H. R. 16650) to amend the law of patent tfte By Mr. SULZER: A bill (H. R. 16627) to promote the con signs-to the Committee on Patents. ttruction of good roads and the efficiency of the postal service By Mr. GAINES of Tennessee: A bill (H. R.16651) to aid the in the States and Territories of the United States-to the Com Ladies'. Hermitage Association to care for the "Hermitage," Jilittee · on Agriculture. the home of Gen. Andrew Jackson, formerly President of the -_ - r ~ - - --~ - --- -~ - - ·- 1738 CONGRESSIONAL RECORD-HOUSE. F EBRUARY 7, United States, and collect and purchase the remainder of the By 1\fr. DRAPER : A bill (H. R. 16672) referring to the Court I Andrew Jackson relics-to the-committee on Appropriations. of Claims for adjudication and determination the claims of ,: By Mr. HAYES: A bill (H. R. 16652l to amend section 11 the widow and family of Marcus P . Norton, and the heirs at law li of an act entitled "An act to establish a Bureau of I mmigration of others-to the Committee on Claims. and Katuralization, and to provide for a uniform rnle for the By Mr. FLOOD: A bill (H. R. 16673) for the r elief of Bland naturalization of aliens throughout the United States "- to the 1\Iassie-to the Committee on War Claims. Committee on Immigration and Naturalization. By l\fr. FORDNEY: A bill (H. n.. 16674) granting an increase By l\Ir. STEVENS of Minnesota: A bill (H. R. 16653) to pro of pension to Amos Sawyer-to the Committee on Invalid I vide for the distribution of the reports of the United States Pensions. circuit courts of appeals and of the United. States circuit and By Mr. FOWLER : A bill (H. n. 16675) for the relief of district courts to certain officers of the United States, and for Commander William S. Hogg, Paymaster Frederick G. Payne, lr other purposes-to the Committee on the Judiciary. and Civil Engineer Adolfo J. Menocal, of the United States By Mr. LA..t""\TDIS : A bill (H. R. 16654) permitting the build Navy-to the Committee on Claims. ing of a dam across Whi-te River near the village of Decker, in Also, a bill (H. R. 16676) for the relief of the Merchants' Knox County, Ind.-to the Committee on Interstate and For- Exchange~ ~ational Bank, of the city of New York-to the Com eign Commerce. · mittee on Claims. By Mr. WILLIAMS: A bill (H. R. 16730) to further protect By Mr. HACKNEY: A bill (H. R. 16677) to correct the depositors in banks, to secure a safe and elastic emergency cur muster roll of Company 0, Oj:lage Regiment Missouri Home rency, and to amend the national-bank act and previous amend Guard Volunteers, by adding the name of Hugh P. Conn-to ments thereto-to the Committee on Banking and Currency. the Committee on l\Iilitarv Affairs. I' By 1\!r. LAW : J oint resolution (H. J. Res. 133) authorizing Also, a bill (II. R. 16678) granting an increase of pension t o the appointment of William L. Waterman as acting third Henry Dorman-to the Committee on In;alid Pensions. assistant engineer on the retired list of the Navy-to the Com By Mr. BAGGOTT: A bill (H. R. 1G679) granting an increase mittee on Nan1l .Affairs. ,l,i of pension to C. H . Edgecomb-to the Committee on Invalid By Mr. BUR'.rON of Delaware : Concurrent resolution (H. C. ~~~ ' 1: Res. 24) directing the Secretary of War to cause a snney to be By Mr. HALlTI : A bill (H. R. 1G680) granting a pe!ls:.on to made, etc., of Laurel River, Delaware-to the Committee on William Cooper-to the Committee on Invalid Pensions. . Rivers and Harbors. By 1\fr. HELl\l: A bill (H. ll. 16681) granting a peasion to Also, concunent r esolution (H. C. Res. 25) directing the Sec Jennie 1\f. Wortham-to the Committee on Invalid Pensions. retary of War to cause a survey to be made, etc., of Christiana By 1\!r. HIGGINS: A bill (H. R. 16682) granting an incr<*l.se River, Delaware-to the Committee on Rivers and Harbors. of pension to Betsey l\1. Potter-to the Committee oa Invalid Also, concurrent resolution (H. C. Res. 26) directing tb.e Sec Pensions. · retary of Wu.r to cause a suney to be made, etc., of Nanticoke Also, a bill (H. R. 1G683) granting an increase of pension to River, Delaware-to the Committee on Rivers and Harbors. Adoniram J . ·Bowen-to the Committee on Invalid Pensions. Also, concurrent resolution (H. C. Res. 27) directing the Sec By fr. HOBSON: A bill (H. R. 1G684) to appoint Holmes retary of War to cause a survey to be made, etc., of Pocomoke E. Offiey upon the retired list of the Navy, with the rank of River, Delaware-to the Committee on Rivers and Harbors. lieutenant-to the Committee on Naval Affairs. By Mr. BENNFYI' of New York: Concurrent resolution (H. C. By 1\fr. HU:t\IrliRP~ of Washington: A bill (TI. R. 16685) Res. 28) deploring certain alleged atrocities in Russia-to the granting an increase of pension to John W. Peel-to the Com II Committee on Foreign Affairs. l r mittee on Iu-mlid Pensions. Also, a bill (H. R. 16686) granting an increase of pension to II PRIVATE BILLS AND RESOI..UTIONS. Griffith Hunter-to the Committee on Invalid Pensions. Under clause 1 of Rule XXII, priyate bills and resolutions of By Mr. HUMPHREYS of Mississippi: A bill (H. R. 1G687 ) the following titles were introduced and severally referred as for the relief of the heirs of W. N . Hood-to the Committee on follows: War Claims. By 1\fr. ALElc.~DER of .Missouri : A bill (H. R. 16655)" Also, a bill (H. R. 16688) for the relief of the heirs of A. U . granting an increase of pension to Thomas J. Roberts-to the Barton-to the Committee on War Claims. Committee on In;nlid Pensions. Also, a bill (H. R. 1G6S9) for the relief of the Presbyterian By 1\fr. ASHBROOK: A bill (H. R. 16656) granting an in Church at Greenville, l\1iss.-to the Committee on War Claims. crease of pension to Thomas B. Bukey-to the Committee on By l\Ir. HUBBARD of 'Vest Virginia: A bill (H. R. 16690) Invalid Pensions. granting an increase of pension to Henry C. Shepherd-to the I' By Ur. BEDE: A bill (H. R. 16657) granting an increase of Committee on Invalid Pensions. 1·, pension to Jerome A. Schutt-to the Committee on Im·alid Pen Also, a bill (H. R. 16601) granting an increase of pension to sions. Adeline Summerville-to the Committee on Invalid Pensions. l r Also, a bill (H. R. 16658) granting nn increase of pension to By Mr. JOHNSON of Kentucky: A bill (H. R. 16692) grant 1: Josiah P . Davis-to the Committee on Invalid Pensjons. in~ an increase o ' pension to 'Villiam I. Curby-to t.he Com I! Also, a bill (H. R. 16659) granting an increase of pension to mittee on Invalid Pensions. Samuel P. Marlette-to the Committee on Invalid Pensions. By 1\fr. JONES of Virginia: A bill .. (H. R. 1G693) to carry Also, a bill (H. R. 16G60) granting a pension to Amy G. into effect the findings of the Court of Claims in the matter of Marvin-to the Committee on Invalid Pensions. the claim of the trustees of St. George's Episcopal Church, By Mr. BOOHER: A bill (H. R. 16661) granting an increase Fredericksburg, Va.-to the Committee on War Claims. of pension to John King-to the Committee on Invalid Pensions. By 1\Ir. KENNEDY of Iowa: A bill (H. R. 16694) granting By Mr. BOWERS: A bill (H. R. 16662) for the relief of Louis a pension to Philip Urich-to the Committee on Pensions. T. Barnes-to the Committee on War Claims. -Also, a bill (H. R. 1GG95) granting an jncrease of pension to Also, a bill (H. R. 16663) for the relief of the heirs of John John W. Iler-to the Committee on Invalid Pensions. Fornea-to the Committee on War Claims. By Mr. LASSITER: A bill (H. R . 16600) for the relief of Also, a bill (H. R . 16664) for the relief of the estate of Nevin the estate of Peter McEnery, deceased-to the Committee on Phares-to the Committee on War Claims. War Claims. r: By Mr. BRICK: A bill (H. R. 16665) granting a pension to By :Mr. LAW : A bill (H. R. 1G697) granting a pension to Andrew J. Bierce--to the Committee on Invalid Pensions. George F. Flinn-to the Committee on Pensions. By Mr. BURTON of Ohio: A bill (H. R. 16666) granting an Also, a bill (H. R. 16698) granting a pension to Adolph increase of penfiion to Charles F . Keyerleber- to the Committee \Veil-to the Committee on Invalid Pensions. on Invalid Pensions. Also, a bill (H. R. 16699) to remove the charge of desertion By l\fr. CHAPMAN : A. bill (H. R. 16667) granting an increase from the military record of Simon Nager-to the Committee on of pension to William Inman-to the Committee on Invalid Pen Military Affairs. sions. Also, a l>ill (II. R . 16700) to remove the charge of desertion By Mr. COOK of Colorado: A bill (H. R. 16668) for the re from the military record of Franz Gochum {also borne as lief of John V. Vikers-to the Committee on the Public Lands. Jochum and Yochum), alias Frans l\Iollna, alias Franz Molina Also, a bill (TI. R. 16669) for the relief of William E . Moses to the Committee on 1\lilita.ry Affairs. to the Committee on the Public Lands. By Mr. LEVER: A bill (H. R. 16'101)· granting an increase of , By Mr. DENBY: A bill (II. R. 16670) granting a pension to pension to Charlotte Nelson-to the Committee on Invalid Pen John Devlin-to the Committee on Invalid Pensions. sions. By Mr. DIXON: A bill (H. R. 16671) for the relief of the By Mr. LILLEY : A bill (H. R. 16702) granting an increase heirs of Wilson Parker, deceased-to the Committee on War of pension to Nellie hl. Gaunt- to the Committee on Invalid Claims. Pensions. ~------'------· --~ , 1908. CONGRESSIONAL RECORD-HOUSE: 1739 By Mr. LOWDEN: A bill (H. R. 16703) granting an increase By Mr. BOWERS: Papers to accompany bills for relief of of pension to William H. 1\Iead-to the Committee on Invalid Nevin Phares and John A. Fornea-to the Committee on ·War Pensions. Claims. By 1\Ir. 1\IcKINL..<\..Y of California: A bill (II. R. 16704) grant By Mr. BURLEIGH: Petition of Portland (Me.) Board of ing an increase of pension to John Miller-to the Committee on Trade, for legislation to rev~ve the shipbuilding interest-to In-valid Pensions. the Committee on the Merchant Marine and Fisheries. Al so, a bi1l (H. R. 16705) granting an increase of pension to By M:r. BUTLER: Petition of citizens of· Pennsylvania, for Andrew J. Dill-to the Committee on Invalid Pensions. S. 3152, for additional protection to the dairy interests-to the Also, a bill (H. R. 16706) granting an increase of pension to Committee on Agr-iculture. Forrester W. Dexter-to the Committee on Invalid Pensions. By Mr. BURKE: Petition of James M. 1\fartin, of New Castle, Also, a bill (H. R. 16707) granting an increase of pension to Pa., for legislation to protect ·musical composers, as embodied· W. H. Pierce-to the -committee on Invalid Pensions. in the ~rchfeld bill-to the Committee on Patents. By Mr. l\IACON : A bill (H. R. 16708) granting ·an increase Also, petition of Brown Shoe Company, against H. R. 13447, of pension to James H. Powell-to the Committee on In-valid rela tive to postmasters furnishing lists of names from their Pensions. offices-to the Committee on the Post-Office and Post-Itoads. By Mr. MALBY: A bill (H.- R. 16709) granting an increase By Mr. CALDER: Petition of National German-American of pension to Newton Martin Curtis-to the Committee on In Alliance, for forest reser-vations in White Mountains and south valid Pensions. ern Appalachian Mountains-to the Committee on Agriculture. By 1\Ir. 11IA~TN: A bill (H. R. 16710) granting an increase of Also, petition of Brown Shoe Company, against a parcels pension to Julia E. Hall-to the Committee on Invalid Pensions. post law-to the Committee on the Post-Office and Post-Roads. Also, a bill (H. It. 16711) granting an increase of pension to By Mr. COUSINS : Petition of citizens of Tama County, Iowa, Sarah J. Curtis-to the Committee on Invalid Pensions. for legislation prohibiting opium traffic in United States terri Also, a bill (H. R. 16712) granting a pension to Andrew J. tory-to the Committee on the Judiciary. Clark-to the Oommittee on Invalid Pensions. Also, petition of citizens of Tama County, Iowa, for an anti By 1\Ir. l\IOON of Pennsylvania: A bill (H. R. 16713) to cor polygamy amendment to the Constitution-to the Committee on rect the war record of Edward J. Gallagher, late first lieuten the Judiciary. ant Company G, Thirty-third- Pennsylvania Volunteer Infan Also, petition of citizens of Tama County, Io~a, for legislation try-to the Committee on Military Affairs. against shipment of intoxicants in original packages into pro By l\fr. l\IURPHY: A bill (H. R. 16714) granting an increase hibition territory-to the Committee on the Judiciary. of pension to Orson Wright-to the Committee on Invalid Pen By Mr. COOK of Colorado: Papers to accompany bills for . sions. relief of W. E. Moses and John V. Vickers-to the Committee Also, a bill (H. R. 16715) granting an increase of pension to on the Public Lands. Robert H. Graham-to the Committee on Invalid Pensions. By Mr. DARRAGH: Petition of H. Oscar Kelley and other Also, a bill (H. R. 16716) granting an iJicrease of pension to members of Bethany Grange, No. 508, of Gratiot County, Mich., 'John F. Whitford-to the Committee on Invalid Pensions. against the reduction of tariff schedules as to imports from By Mr. PEAU.RE: A bill (H. R. 16717) for the relief of Philippine Islands-to the Committee on Ways and Means. Adam Koogle-to the Committee on War Claims. By 1\fr. DRAPER: Petition of executive committee of nautical By Mr. REEDER: A bill (H. R. 16718) to pension the sur schools, for Federal Government to share part of expense of vivors of the company of Indian scouts known as the Forsythe nautical schools-to the Committee on Naval Affairs. Scouts-to the Committee on Pensions. By Mr. DUNWELL : Petition of A. Emerson Palmer, of By Mr. RHINOCK: A bill (H. R. 16719) granting a pension board of education of New York City, for Federal Government to Clara A. Ritter-to the Committee on Pensions. to bear part of expenses of nautical schools-to the Committee By Mr. SCOTT: A _bill (H. R. 16720) granting an increase on the Merchant Marine and Fisheries. of pension to Franklin H. Huffman-to the Committee on In Also, petition of National German-American Alliance, for valid Pensions. forest reservations in White Mountains and southern Appa By Mr. SMITH of Missouri: A bill (H. R. 16721) granting lachian Mountains-to the Committee OI;l Agriculture. an increase of pension to Carroll J. Harrelson-to the Com By Mr. ESCH: Paper to accompany bill for relief of Charles mittee on Invalid Pensions. Mulvaney-to the Committee on_ Invalid Pensions. · Also, a bill (H. R. 16722) for the relief of the heirs of Erd By Mr. FASSETT: Petition of soldiers of tlie civil war in man Bodenschatz, deceased-to the Committee on War Claims. Thirty-third Congressional District of New York, for a volun By 1\fr. SULZER: A bill (H. R. 16723) making an appropria teer officers' retired list-to the Committee on Military Affairs. tion for the relief of the victims of the General Slocum disas- By Mr. FLOOD: Petition of citi ing lists of names from their offices-to the Committee on the 40 other merchants of the Twentieth Congressional District of Post-Office and Post-Roads. Illinois against a parcels-post law-to the Committee on the By 1\Ir. HACKETT: Petition of citizens of Watauga County, Post-Office and Post-Roads. N. C., relative to forest reser-vations disturbing land titles in By l\Ir. REEDER: Petition of National Association of Retail any part of said county-to tbe Committee on Agriculture. Druggists, against a parcels-post law-to the Committee on the By 1\Ir. HIGGINS: Petition of James Geddes, of Waterbury, Post-Office and Post-Roads. Conn., for H. R. 14783, promoting efficiency of the militia-to By Mr. RIDNOCK: Paper to accompany bill for relief of the Committee on Mill tary Affairs. William H. Mullins-to the Committee on Invalid Pensions. Also, petition of Audubon Society of Connecticut, for forest Also, paper to accompany !Jill for relief of W. B. May-to the . reservations in White .Mountains and southern Appalachian Committee on Pensions. ·· :Mount.ains-to the Committee on Agriculture. By Mr. SABATH: Communication from James A. Rose, sec Also, petition of Musicians' Protective Union of Wi~antic, retary of state of Illinois, transmitting house resolution No. Cmm., for House joint resolution 103 (relati-ve to employment 88, of the State of Illinois, for passage of the Hamilton bill of enlisted musicians in competition with loc.al musicians)-to giving ex-prisoners of the civil war $50 per month-to the Com· the Committee on Labor. mittee on InYalid Pensions. Also, petition of Oentra1 Labor Union of Connecticut, for con Also, petition of officers, directors, and trustees of art muse struction of war vessels in navy-yards-to the Committee on ums in the United States, tor free art legislation in accordance Na-val Affairs. with H. R. 15268-to the Committee on Ways and Means. Also, petitions of Company G, First Infantry, of South Man Also, petition of National Funeral Directors' Association, chester; Company M, Second Infantry, of Torrington; Com against the practice of burial at sea-to the Committee on the pany C, Second Infantry, Company A, Second Infantry, of Merchant Marine and Fisheries. Waterbm·y; and Company G, Second Infantry, of Waterbury, Also, petition of Chicago Historical Society, for Bureau of Connecticut National Guard, favoring H. R. 14783, for pro Ethnology to collect and publish information relative to lan moting efficiency of the militia-to the Committee on Militia. guage of the old Indian tribes-to the Com!IHttee on Indian By l\fr. HINSHAW: Petitions _of legal voters of Blauer Affairs. Crossing, Hubbell, Harbine, and Utica, Fourth Congressional By 1\Ir. SIMS : Petition of citizens of Huntingdon, Carroll District of Nebraska, against a parcels-post law-to the Com County, Tenn., for a postal- savings bank' law-to the Committee mittee on the Post-Office and Post-Roads. on the Post-Office and Post-Roads. Also, petition of Nebraska State Horticultural Society, for By Mr. SMITH of Michigan: Petition of Gideon S. Smith forest reservations in White Mountains and southern Appala and 42 other veterans of the civil war, and Phil Kearny Post, chian Mountains-to the Committee on Agriculture. No. 53, Grand Army of the Republic, for the enactment of the Also, paper_ to accompany bill for relief of Simon Chapman Sherwood pension bill-to the Committee on Invalid Pensions. to the Committee on lnYalid Pensions. Also, petition of Hinton Miller, for repeal of section 3 of By 1\Ir. HOBSON: Paper to accompany bill for relief of service pension act of February 6, 1907, relative to employment Holmes E. O.ffiey-to the Committee on Naval Affairs. of attorneys-to the Committee on Invalid Pensions. By Mr. HULL of Iowa: Petition of 17 old soldiers of Ot By .Mr. SPERRY: Petitions of Company A, of New Haven; tumwa, Iowa, for change in pension law so that maximum age Company G, of Waterbury; and Company 1\I, of Torrington, pension may be received at 65 instead of 75 years of age-to Second Infantry; and Company G, of South Manchester, First the Committee on Invalid Pensions. Infantry Connecticut National Gll.ard, favoring enactme:1t of By 1\fr. JOHNSON of Kentucky: Paper to accompany bill for Senate bill 4316 (militia bill)-to the Committee on Militja. relief of William I. Cm·bey-to the Committee on Invalid Also, petition of members of the Maennerchor of Ansonia, Pensions. Conn., against any pending prohibition of interstate commerce By Mr. KALANIANAOLE: Memorials to accompany H. R. liquor measure-to the Committee on Alcoholic Liquor Traffic. 6146, for a naval station at Pearl Harbor-to the Committee on Also, petition of the Audubon Society of Connecticut, for Naval Affairs. forest reservations in White Mountains and southern Appala By Mr. WILLIAM W. KITCHIN: Petition of Pamela Caro chian Mountains-to the Committee on Agricultm·e. lina Reade of Person County, N. C., for an appropriation of Also, petition of W. C. Sharpe, of Seymour, Conn., a gainst $500 to perfect a new water system-to the Committee on Rivers order of the Postmaster-General relative to mailing news· and Harbors. . papers-to the Committee on the Post-Office and Post-Roads. By Mr. LAFEAN: Petition of Manufacturers' Association of By Mr. SPIGHT : Paper to accompany bill for relief of heirs York, Pa., for H. R. 10504, for a special parcels-post law-to the of Jacob Kuykendall-to the Committee on War Claims. Committee on the Post-Office and Post-Roads. By Mr. SULZER : Petition of National Oerman-Americnn Al Ry Mr. LAW: Petition of mass meeting of the Poles in New liance, for forest reservations in White Mountains and southern York City, January 23, 1908, against Polish expropriation bill Appnlachian Mountains-to the Committee on Agriculture. to the Committee on Foreign Affairs. Also, petition of executive committee on nautical schools, for Also, petition of North .Side Board of Trade, for an. annual Federal GoYernment to bear part of expense of nautical appropriation for ri-vers and harbors-to the Comnuttee on schools-to the Committee on Naval Affairs. Rivers and Harbors. By Mr. WEISSE: Petition of officers, directors, and trustees Also, petition of National Corps, Army and Navy Union. for of art museums in United States, for free-art legislation in ac equalization of pay and increase of pay for Army and Navy cordance with H. R. 15268--to the Committee on Ways and officers and men-to the Committee on 1\Iilitary Affairs. Means. Also, petition of National German-American Alliance, · for Also, petition of National German-American Alliance, for for forest reservations in White :Mountains and southern Appa est resenations in White Mountains and southern Appalachian lachian Mountains-to the Committee on Agriculture. Mountains-to the Committee on Agriculture. Also petition of Peter Carroll and others, for the Anthony bill (Ii. R. 7691)-to the Committee on Claims. By l\1r. MANN: PapeTs to accompany bills for relief of SENATE. Andrew J. Clark and Julia E. Hall-to the Committee on Invalid Pensions. J\.foNDAY, February 10, 1908. By l\1r. MURPHY: Papers to accompany bills for relief of Prayer by the Chaplain, ReY. EDWARD E. HALE. Orson Wright, John F. Whitford, and Robert H. Graham-to The Secretary proceeded to read the Journal of the proceed the Committee on Invalid Pensions. ings of Thursday last, when, on request of 1\Ir. CLAPP, and by By 1\fr. POLLARD: Petition of sundry citizens of the First unanimous consent, the further reading was dispensed with. Congressional District of Nebraska, for prohibition of intoxi r.rhe VICE-PRESIDENT. 'l'he Journal stands approved. cating liquors in the District of Columbia-to the Committ'ee on the District of Columbia. OFFICERS OF THE NAVY ON DUTY IN WASHINGTON. Also, petition of Nebraska State Horticultural Society, for The VICE-PRESIDENT laid before the Senate a communi forest reservations in White Mountains and southern Appa cation from the Secretary of . the Navy, transmitting, in re lachian Mountains-to the Committee on Agriculture. sponse to a resolution of the 21st ultimo, a list of all line and By 1\Ir. RAil\TEY: Petition of Jacksonville (Ill.) Business staff officers of the Navy on duty in Washington, D. C., on . :Men's Association, favor-ing currency legislation-to the Com JuJy 1, L905, etc., and also a list of all line and staff officers mittee on Banking and Currency. of the Navy on duty in Washington, D. C., and in any navy Also, petition of Thomas Montgomery and 23 other citizens yard or naval station in the United States on January 1, of the Twentieth Congressional District of Illinois; J. B. Wat 190B etc., which, with the accompanying papers, was referred -son and 30 other citizens of Barry, IlL; and E. S. Marsh and to the Cornmitte'e on Naval Affairs and ordered to be printed.