1912. CONGRESSIONAL RECORD-SENATE.

Also, resolution by Rhode Island State Grange, advocating SENATE. the passage of the parcel-post bill (H. R. 14); to the Committee on the Post Office and Post Roads. THUESDAY, January 11, 191g. Also, resolution by the Rhode Island State Grange, advocat­ The Senate met at 2 o'clock p. m. ing the passage of House bill 12311, providing for the inspec­ Prayer by the Chaplain, Rev. IDysses G. B. Pierce, D. D. tion of nursery stock imported from foreign countries; to the The Journal of the proceedings of Tuesday last was read and Committee on Agriculture. · approved. By Mr. PARRAN: Papers to accompany House bill 15753, DISPOSITION OF USELESS PA.PERS. granting an increase of pension to John T. Stansbury; to the Committee on Invalid Pensions. The VICE PRESIDENT. The Cha.ir lays before the Senate a Also, papers to accompany bill for the relief of James Lyons communication from the Secretary of the Treasury, transmit­ (H. R. 14421); to the Committee on :Military Affairs. ting, pursuant to law, schedules of papers, documents, and so Also, papers to accompany bill for the relief of Frederick forth, on the files of the Treasury Department and in various A. Holden (H. R. 17412); to the Committee on War Claims. customs ports, which are not needed in the transaction of public business and have no permanent value or historical interest. Also, papers to accompany bill for the relief of Joseph B. The communication and accompanying papers will be referred Girault (H. n. 14422) ; to the Committee on Naval Affairs. to the Joint Select Committee on the Disposition of Useless .Also, papers in support of House bill 17415, to appoint Wil­ Papers in the Executive Departments. The Chair appoints as bur F. Cogswell an assistant engineer in the Navy and place the committee on the part of the Senate the Senator -from him on the retired list; to the Committee on Naval Affairs. Arkansas [Mr. CLARKE] and the Senator from New Hampshire By l\fr. PICKETT: Petition of S. W. Klaus, of Earlville, [Mr. BURNHAM]. and C. E. Thompson, of Whitten, Iowa, protesting against parcel The Secretary will notify the House of Representatives of tl1e post; to the Committee on the Post Office and Post Roads. appointment of the committee on the part of the Senate. Also, petition of Douglas Smith and 82 other citizens, of Cedar Falls, Iowa, in support of House bill 13114, old-age FINDINGS OF THE COURT OF CLAIMS. pension bill; to the Committee on Pensions. The VICE PRESIDENT laid before the Senate the following By Mr. RAKER: Petition of citizens of California, favoring communications from the assistant clerk of the Court of Claims, Representative BERGER'S old-age pension bill; to the Committee transmitting ~ertified copies of the findings of fact and conclu­ on Pensions. sions of law filed by the court in the following causes: Also, resolutions adopted at mass :r;neeting of citizens held at W. H. Gilbert, administrator of estate of Samuel L. Gilbert, San Jose, Cal., indorsing the work of the National League for deceased, v. The United States (S. Doc. No. 248) ; Medical Freedom ; to the Committee on Interstate and Foreign Julia S. Weeks, administratrix of the estate of Capt. Harri­ Commerce. .son S. Weeks, deceased, v. The United States (S. Doc. No. 247); Also, petition of San Francisco Labor Council, protesting B. H. Chesher, administrator of the estate of W. G. Chesher, against Smoot printing bill (S. 2564); to the Committee on deceased, v. The United States (S. Doc. No. 24G); and Printing. John Fisher, administrator of Henry Bauman, deceased, v. Also, papers to accompany House bill 5767, for the relief of The United States (S. Doc. No. 245) . Lieut. Col. Ormand l\f. Lissak; to the Committee on Claims. The foregoing findings were, with the accompanying papers, Also, petition of A. Sbarbara, a citizen of California, favoring referred to the Committee on Claims and ordered to be printed. restoration of the Army canteen; to the Committee on Military PETITIONS AND MEMORIALS . .Affairs. The VICE PRESIDENT presented a memorial of the United By Mr. REILLY: Ilesolutions of the Portsmouth (N. H.) Brotherhood of Carpenters of Hoquiam, Wash., and a memorial City Council, against the abolishment of Portsmouth-Kittery of Local Union No. 148, International Brotherhood of Book­ Navy Yard; to the Committee on Naval Affairs. binders, of Grand Forks, N. Dak., remonstrating against the By: Mr. STONE: Petition of citizens of Illinois, protesting proposed abolishment of the hand-roller process of manufac­ against the passage of House bill 8887; to the Committee on turing paper currency, which were referred to the Committee :Ways and Means. on Printing. Also, petitions of citizens of Illinois, urging that the duties on He ali:io presented a petition of sundry citizens of Aurora, Ill., raw and refined sugars be reduced; to the Committee on Ways praying for the enactment of legislation granting service pen­ and Means. sions to certain defined veterans of the Cil"il War and the War Also, petition of citizens of Illinois, in favor of old-age pen­ with Mexico, which was referred to the Committee on Pensions. sions; to the Committee on Pensions. He also presented memorials of sundry Seventh-day .Ad"\'ent­ Also, memorial of Princeton (Ill.) Seventh-day Adventist ist Churches of Quincy, l\fass., and Decatur, Nebr., remonstrat­ Church, against the passage of House bill 9433; to the Commit­ ing against the enactment of legislation compelling the observ­ tee on the Post Office and Post Roads. ance of Sunday as a day of rest in the District of Columbia, By l\Ir. STEDMAN: Memorial of mass meeting at Centenary which were ordered to lie on the table. Methodist Episcopal Church South, of Greensboro, N. C., for the He also presented memorials of sundry citizens of Kellerman, passage of the Kenyon-Sheppard interstate liquor bill; to the Ala.; Bennington, Okla.; and Seattle, Wash., remonst rating Committee on the· Judiciary. . against the extension of the parcel-post system beyond its By Mr. SULLOWAY: Resolutions of the City Council of present limitations, which were referred to the Committee on Portsmouth, N. H., protesting against the proposed abandon­ Post Offices and Post Roads. ment of the Portsmouth Navy Yard; to the Committee on Mr. CULLOM presented petitions of sundry citizens of Illinois, Naval Affairs. Minnesota, Pennsylvania, New York, Ohio, Indiana, and Massa­ By Mr. SULZER: Memorial of United Master Butchers of chusetts, praying for the ratification of the proposed treaties America, for the passage of House bill 14112; to the Committee of arbitration between the United States, Great Britain, and on Agriculture. France, which were ordered to lie on the table. Also, petition of Neptune Association of New York, N. Y., for He also presented a petition of E. D. Kittoe Post, No. u02, the passage of House bill 14102, etc. ; to the Committee on Department of Illinois, Grand Army of the Republic, of Galena, Ways and l\Icans. Ill., praying for the passage of the so-called dollar-a-day pension Also, petitions of the Thread Agency and A. Jaeckel & Co., of bill. which was referred to the Committee on Pensions. New York, urging that the corporation excise-tax law be He also presented a memorial of the congregation of the amended; to the Committee on Ways and l\feans. Seventh-day Adventist Church, of Princeton, Ill., remonstrat­ Also, memorial of a German society of Chicago, Ill., in favor ing against the enactment of legislation compelling the observ­ of House resolution 166; to the Committee on Immigration ance of Sunday as a day of rest in the Dish·ict of Columbia, and Naturalization. which was ordered to lie on the table. By Mr. WILLIS : Papers to accompany House bill 3000, l\fr. GALLINGER presented petitions of sundry citizens of granting an increase of pension to Samuel A. Moore; to the Milford, of the Woman's Christian Temperance Union of Dover, Committee on Invalid Pensions. of sundry citizens of Nashua, and of members of the Fort­ Also, petition of Carl Swartz and five other citizens of Ken­ nightly Club of Keene, all in the State of New Hampshire, ton, Ohio, against the enactment of any legislation for the praying for the ratification of the proposed treaties of arbitra­ extension of the parcel-post service; to the Committee on the tion between the United States, Great Britain, and France, I>ost Office and Post Roads. which were ordered to lie on the table. By Mr. WILSON of New York: Resolutions of Unity Repub­ He also p1·esented a memorial of the Rhode Island A \enue lican Club, of Brooklyn, N. Y., protesting against the removal Suburban Citizens' Association, of the District of Columbia, of the navy yard from Brooklyn; to the Committee on Naval . remonstrating against the enactment of legislation providing Affairs. that all the expenses of the public ut~lities commission shall 836 CONGRESSIONAL RECORD-SEN ATE. JANUARY 11,

be paid out of the revenues of the District of Columbia, which 0®.gregational Chm•ch,

the United States, Great Britain, and France, which was Church, of Portland; the Oongregational Church of Bafh ·1 the ordered to lie on the table. Twentieth Century Club of Bangor; of sundry churches of 0ak­ l\Ir. BRISTOW presented a petition of sundry citizens of land; and of the Maine Peace Society, all in the State of Beloit, Kans., praying for the enactment of an interstate liquor Maine, praying for the ratification of the proposed treaties of law to prevent the nullification of State liquor laws by outside arbitration between the United States, Great Britain and dealers, which was referred to the Committee on the Jufilciary. France, which were ordered to lie on the table. ' He also 'Presented a petition of sundry citizens of Kansas, 1'!r. JOHNSON of Maine presented petitions of the congr~ p1·aying for the establishment of a parcel-post system, which gation~ of the Grace Universalist Ohurch, of Kingfield; the Cou­ was referred to the Committee on Post Offices and Post Roads. grega t10nal Church of Famington Falls; the Congregational and He also presented a petition of James R. Fulton Post, No. Methodist Ohnr-ches of Machias; and the Men's Club of Farming­ 257, Department of Kansas, Grand Army of the Republic, of ton, all in the State of Maine, praying for the enactment of an Garden City, Kans., praying for the passage of the so-called interstate liquor law to prevent the nullification of State liquor dollar-a-day pension bill, which was referred to the Committee laws by outside liquor dealers which were referred to the Com- on Pensions. mittee on the Judiciary. · "Mr. BURNHAM presented a petition of the Boot and Shoe Mr. MARTINE of New Jersey presented a petition of sun­ Workers' Union of Manchester, N. H., praying for a reduction dry veterans of the Civil War, residents of Beverly, N. J., of the duty on shoes and finished leather, which was referred praying tha.t an appropriation be made for the impro,-ement of to the Committee on Finance. the highway leading from Beverly to the national cemetery He also presented a memorial of the City Council of Ports­ near that city, which was referred to the Committee on Ap­ ~ mouth, N. H., remonstrating against the proposed abolishment propriations. of the Portsmouth-Kittery Navy Yard in that State, which was He also presented a petition of members of the Woman's Club referred to the 'Committee on _Javal Affairs. • of Glen Ridge, N. J., praying for the establi hment of a He also presented a petition of sundry citizens of Aurora, parcel-post system, which was referred to the Committee on Ill., praying for the passage of the so-called dollar-a-day pension Post Offices and Post Roads. bill, which was referred to the Committee on Pensions. Mr. LIPPITT presented a memorial of Loca1 Union No. 139., He also presented a petition of members of the Woman's. Wood, Wire and Metal Lathers' International Union, of Paw­ Study Ohlb, of Whitefield, N. H., praying for the repeal of the tucket, R. I., remonstrating against the proposed abolishment oleomargarine law, wliich was referred to the Committee on of .tb.e hand-roller process of manufacturing paper currency, Agriculture and Forestry. which was referred to the Committee on Printing. He also 'Presented a petition of the Ohamber of Commerce Mr. McLEAN presented a petition of the Woman's Christian and M:anufachu·ers' Club of Buffalo, N. Y., and a petition of Temperance Union of Thomaston, Conn., praying for the enact­ sundry citizens of 1\Iilford, N. H., and the Woman's Christian ment of an interstate liquor 1aw to prevent the nullification of Temperance Union of Stra1Iord County, N. H., praying for State liquor laws by outside dea1ers, whiCh was referred to the ratification of the proposed treaties of arbitration between the Oommittee on the Judiciary. the United States, Great Britain, and France, which were He also presented a petition of the Chamber of Commerce ordered to lie on the table. and Manufacturers' Club of Buffalo, N. Y., praying for the 1\lr. :NEI.iSON presented memorials of the Christian Endeavor ratification of the proposed treaties of arbitration between the Society of the Knox Presbyterian Church, of St. Paul, l\Iinn. United States, Great Britain, and France, which was ordered remonstrating against the interstate transportation of intoxi~ · to lie on the table. · eating liquors into p-rohibition districts, which were referred to He also :pre ented a memorial of the City Oouncil of Ports­ the Commitee on the Judiciary. mouth, N. H., remonstrating against the abolishment of the He also presented a petition of the Local Bottling Co., of Portsmouth-Kittery Navy Yard in that State, which was re­ Ortonville, l\Iinn., praying for the removal of the duty on raw .forred to the Committee on Na Yal Aifairs. and refined sugars, which was referred to the -Committee on He aJso presented a memorial of the Central Labor Union of Finance. Danbury, Conn., remonstrating against the proposed abolish­ .He also presented a petition of the congregation of the Knox ment of file hand-roller process of manufactnrin"' paper cur­ Presbyterian Church, -of St. Paul, Minn., praying for the ratifi­ rency, which was referred to the Committee on Printing. cation of the proposed treaties of .arbitration between the United Mr. O'GORl\IAN presented a petition of the Chamber of Com­ States, Great Britain, and France, which was ordered to lie merce and iianufacturers' Club of Buffalo, N. Y., and a petition on the table. of the North Side Board of Trade, of New York Oity, N. Y., .l\1r. GRONN.A. presented memorials of sundry citizens of Kief praying for the mtification of the propooed treaties -0f arbitra­ and l\IcHenry County, in the State of North Dakota, remon­ tion between the ·united States, Great Britain, and Frllilce strating against the enactment of legislation compelling the which were ordered to lie on the table. ' observance of Sunday a.s a day of rest in the District of He also presented a petition of the Chamber of Commerce of Columbia, which were ordered to lie on the table. New York and a petition of the Board of Trade and Transporta­ He also pl'esented a petition of members of Company I, First tion of • New York City, praying for the ratification of the Infantry~ North Dakota Natio~al Guard, of Wahpeton, N. Dal{., proposed treaties between Honduras and Nicaragua, which praying for the enactment of legislation providing for the pay were referred to the Committee on Foreign Relations. of members of the National Guard, which was referred to the He also presented a petition of the United Trade. and Labor Committee on Military Affairs. Council of Erie County, N. Y., praying for the enactment of l\ir. JOHNSTON of Alabama presented memorials of tiundry legislation to better the condition of American seamen, which citiz.ens of Elba, Hartsells, 'J'russville, Fort Payne, and Alice­ was referred to the Committee on Commerce. ville, all in the State of Alabama, remonstrating against the Re also presented a memorial of Local Union No. 53, United extension <>f the so-called parcel-post system beyond its present Brotherhood of Carpenters and Joiners of America, of White limitations, which were referred to the Committee on ·Post Plains, N. Y., remonstrating against the proposed abolishment Offices and Post Roads. of the hand-rnller process of manufacturing paper currency, which was referred to the Committee on Printing. · l\Ir. SHIVELY presented a petition of members of the Ees­ perian Olub, of Greenfield, Ind., praying that an investigation He .also presented a petition of the State Grange, Patrons of be made into the condition of 11.airy products for .the prevention Husbandry, of Pennsylvania, praying that an appropriation be and spread of tuberculosis, which was referred to the Committee made for the eradication of the chestnut-tree blight, which was on Agriculture and Forestry. referred to the

Mr. PENROSE presented petitions of Local Grange No. 1239, ·ne also presented a petition of the Chamber of Commerce of of Hydetown; of Local Grange No. 1438, of Dunkard; of "Luke Aberdeen, Wa.sh., })raying that Pacific coast coal be used on Grange, No. 1346, of Clarks Mills; of Highland Grange, No. 879, all vessels of the Pacific Fleet, which was referred to the Com­ of Somerset; of Keystone Grange, No. 2, of Royersford; of mittee on Naval .Affairs. Eureka Grange, No. 244, of Butler, all of the Patrons of Hus­ He also presented a petition of the Chamber.of Commerce of bandry, of the State of Pennsylvania, praying for the ad.option Aberdeen, Wa.Sh., rn:aying for the enactm~mt of legislation au­ of certain amendments to the oleomargarine law, which were thori.zing the issuance of certificates .3.gainst .gold bullion in the referred to the Committee on Agriculture and Farestry. New Yo1·k assay offi.ce so as to lnclude that at Seattle, Wash., He also presented petitions of local granges of Mahaffey, which was :referred to the Committee on Finance. Center City, Olanta, Ogdensburg, Canton, Towanda, Middle- He also presented a petition -Of the Chamber of Commerce of .bury Center, Washington, Millville, Wysox, Maplewooa, Cen­ Aberdeen, Wash., praying for the free passage of American terville, Liberty, and Ebensburg, all of the Patro~s of Hus­ ships through the Panama.. Canal when engaged in domestic bandry, of the State of Pennsylvania, praying for the repeal of commerce, which was referred to the Committee on Interoceanic the oleomargarine law, which were referred to the Committee Canals. on Agriculture and Forestry. He also presented a petition of the Chamber of Commerce of He also presented a petition of the congregation of the Meth­ Aberdeen, Wash., })raying far the adoption of certain amend­ odist Episcopal Church of Pennsylvania, praying for the rati­ ments to the immigration laws, which was referred ot the Com­ fication of the proposed treaties of arbitration between the mittee on Immigration. United States, Great Eritain, and France, which was ordered He also presented n. petition of the Chamber of Commerce of to lie on the table. Aberdeen, Wash., praying that an appropriation be made for He also presented a memorial of Local Branch No. 102, Glass the construction of a third dry dock at Puget Sound Navy YaTd Bottle Blowers' Association, of Parkers Landing, Pa., remon­ for the accommodation of the Pacific Fleet, which was referred strating against the proposed abolishment of the hand-roller to the Committee on Naval Affairs. process of manufacturing paper currency, which was referred to He also presented a petition of the Humane Society and A so­ tlle Committee on Printing. ciated Charities, of La Crosse, Wis., praying for the establish­ He also presented a petition of the Borough Council of New ment of a children's bureau, which was ordered to lie on the Kensington, Pa., praying that an appropriation be made for the table. relief of the sufferers from tile flood at Austin and Costello, Ile also presented petitions of the Study Class of l\ferrill; of Pa., which was referred to the Committee on Appropriations. the Athena Club, of Berlin; of the Friends in Council Club of He also presented a petition of the Board of Trade of Phila­ Berlin, all in the State of Wisconsin, and of Local Grange No. delphia, Pa., praying that an appropriation be made fo.r the 1386, Patrons of Husbandry, of HoneEdale, Pa., praying for the erection of a new customhouse at the port of Philadelphia, repeal of the oleomargarine law~ which were referred to the which was referred to the Committee on Appropriations. Committee on Agriculture and Forestry. Mr. BROWN presented a petition of the Platte Valley Quar­ He also presented a petition of J. E. Perkins Post, No. 98, terly .l\Ieeting of Friends, of North Loup, Nebr., praying for the Department of Wisconsin, Grand Army of the Republic, of ratification of the proposed treaties of .arbitration between the Augusta, Wis., praying for the passage of the so-called dollar-a­ United States, Great Britain, and France, which was ordered day pension bill, which was referred to the Committee on to lie on the table. Pensions. l\Ir. CLAPP presented a petition of the Christian Endea\or He also presented memorjals of the congregations of the Society of the Knox Presbyterian Church, of St Paul, Minn., Seventh-day Adventist Churches of Oshkosh, Victory, Bethel, praying for the ratification of the proposed treaties of arbitra­ Ladysmith, Stanley, Debello, Elroy, and Stevens Point, all in tion between the United States, Great Britain, and France, the State of Wisconsin, remonstrating against the enactment of which was ordered to lie on the table. legislation compelling the observance of Sunday as a day of Mr. OVER.MAN presented petitions of the congregation of the rest in the District of Columbia, which were ordered to lie on Century Methodist Episcopal Church South, and of sundry the table. citizens of Greensboro, N. C., praying for the enactment of REPORTS OF COMMI'ITEES. legislation to regulate the interstate transportation of intoxi­ l\fr. NELSON, from the Committee on Commerce, to which cating liquors, which were referred to the Committee on the was referred the bill (S. 226) to permit citizens of the United Judiciary. States to be admitted to Government tuberculosis hospitals, Mr. PERKINS presented a resolution adopted by the asked to be discharged from its further consideration and that Chamber of Commerce of San Luis Obispo, Cal., favoring tlle it be referred to the Committee on Military .Affairs, which was adoption of the recommendations proposed in the report of the agreed to. California Debris Commission, which was referred1to the Cam­ He also, from the same committee, to which was referred the mi ttee on Commerce. bill (S. 3856) relative to the establishment of post-lantern He also presented a petition of Local Union No. 158, Switch­ lights on the St. Croix River, including Lake St. Croix, Wis­ men's Union of North America, of Oakland, Cal., praying for consin and Minnesota, reported it without amendment ana. sub­ the repeal of the oleomargarine Jaw, which was referred to the mitted a report (No. 165) thereon. Committee on Agriculture and Forestry. l\fr. BURTON, from the Committee on Commerce, to which He a1so presented a memorial of the board of supervisors was referred the bill (S. 2228) to establish Ashtabula, Ohio, a of Fresno County, Cal.. remonstrating against tile proposed in­ subpart of entry in the customs collection district of Cuyahoga, crease in the area of Sequoia _F::u:k, Cal., which was .referred to Ohio, and for other purposes, reported it without amendment tlle Committee on Public Lands. and submitted a report (No. 169) thereon. He also _presented a petition of the Merchants' Exchange of .Mr. BOURNE, from the Committee on Commerce, to which Oakland, Cal., praying ior the ratification of the proposed was referred the bill ( S. 296) to direct the construction of a treaties of arbitration between the United States, Great Britain, lightship and its maintenance near Orford Reef, off Cape and France, which was referred to the Committee on Fimmce. Blanco, Oreg., reported it without amendment and submitted a Ur. PAGE presented a memorial of Local Union No. 1.331, report (No. 170) thereon. United Brotherhood of Carpenters and Joiners, of Brattleboro, .Mr. BURNHAM (for :Mr. CRANE), from the Committee on Vt., remonstra.ting against the enactment of legislation pro­ Commerce, to which was referred the bill ( S. 3160) to esta:b1ish posing to abolish the hand-roller _process of manufacturing paper . at Roleb, Me., a subpart of entry in the customs collection dis­ currency, which was referred to the Committee on Printing. trict of Bangor, Me., and for other purposes, reported it with .Mr. LA FOLLETTE presented a petition of members of the an amendment and submitted a report (No. 171) thereon. Pima '.rribe of Indians, of Sacaton, Ariz., ·praying that they be Mr. PERKINS, from the Committee on Commerce, to which protected in the possession of their lands, which was referred was referred the bill ( S. 1653) to provide American register to the Committee on Indian Affairs. for the steam yacht Diana, reported it without amendment and .He also presented memorials of the congr.egations of the submitted a report (No. 172) thereon . Seventh-day Ad,entist Ch-grebes of Oshkosh and Victory, Wis., Ur. MARTIN of Virginia, from the Committee on Commerce, remonstrating against the enactment of legislation compernng to which was referred the bill (S. 3776) permitting the Board the observance of Sunday as a day of rest in post offices, which of County Commissioners of Lincoln County, State of Montana, were referred to the Committee on Post 'Offices and 'Post Roads. to construct, maintain, and operate three bridges across the Re also presented a petition of the Wisconsin Sunday School Kootenai River, in the State of Montana, reported it with Association of Fond du Lac, Wis., praying for the ratification amendment and submitted a report (No. 173) thereon. of the proposed treaties of arbitration between the United Mr. STONE, from the Committee on Foreign Relations, to States, Great Britain, and France, which was ordered to lie on which was referred the bill ( S. 462) for the relief of Slavo the table. Ramadanovitch, of Cettigne, a Montenegrin subject, heir and ,

838 CONGRESSIONAL RECORD-SENATEI\ JANUARY 11,

administrator of Marcus Ramadanovitch, alias Radich, de­ S. 2120. Elizabeth W. Everett. ceased, reported it without amendment and submitted a report S. 2176. Amos E. Morgan. (Ko. 174) thereon. . S. 2203. Jonathan Huntley. l\fr . .l\fcCU.l\IBER, from the Committee on Pensions, submitted S. 2237. Edward L. Allen. a report (No. lM), accompanied by a bill (S. 4314) granting S. 2241. Honora A. Williams. pensions and increase of pensions to certain soldiers and sailors S. 2252. Alonzo Moe. of the Civil War and certain widows and dependent relatives S. 2254. Simon V. Seeley. of such soldiers and sailors, which was read twice by its title. S. 2255. Heber Angel. The bill is a substitute for the following Senate bills hereto- S. 2263. Lest~r A. Corp. fore referred to that committee: S. 2265. Mary A. Bacon. S. 34. Truman Hall. S. 2301. l\fandred 0. Sarnge. S. 112. David Williams. S. 2314. John Feeney. S. 113. Phillip Lucas. S. 2318. Walter El Truax. S. 114. Frank A. Fassett S. 2430. Robert Smith. S.126. Frank P. Sargent. S. 2491. Henry H. Warner. S.146. Abram Trexler (alias Abram Hacker). S. 2496. David H. Robinson. S. 147. Sartin .l\fcComas. S. 2499. W. H. T. Wakefield. S. 150. Henry S. Back. S. 2543. Joseph Annis. S. 175. Ebenezer B. Sims. S. 2579. John W. Ayer (alias Charles ·W. Dennison), S.188. Darius Young. '. S. 2602. Barnet W. Sawyer. S. 332. Isaac Underwood. S. 2603. Georgianna L. Green. S. 344. Philip Riley. S. 2615. Sarah A. Stephenson. S. 351. John Bossinger. S. 2664. William A. Coddington. S. 3'53. William D. Kelley. S. 2668. Isaac r_r. Atterberry. S. 377. James L. Anderson. S. 2738. Thomas Penwarden. S. 397. Albert L. Rivers. S. 2773. Elijah P. Creech. S. 399. Augustus Knowles. S. 2824. Edward l\f. Crabbs. S. 431. Budge T. Underwood. S. 2920. Thomas R. H. SinlDlons. S. 467. Charles B. Stuart. S. 2963. John A. White. S. 469. August Scholz. S. 2966. Lucy E. Culp. S. 491. John C. Mercer. S. 3017. Fayette W. Barlow S. 493. Jacob Taylor. S. 3065. Robert l\fclntosh. S. 519. James Killmartin. S. 3100. John W. Forester. S. 539. Richard F. Cain. S. 3154. Edward R. Hutchins. S. 555. William Weaver. S. 3173. Helen Louise Scott. S. 556. Thomas .l\1ullen (alias l\faloney). S. 3177. Felix Deflin. S. 571. Hannah J. Matter. S. 3199. Edward P. Thorn. S. 598. Charles A. Underwood. S. 3280. John Stone. S. 734. Sadie .l\f. W. Likens. S. 3310. James T. Berry. S. 785. Elias Cleveland. S. 3326. Fannie F. De Witt. S. 78G. Joel Goodrick. S. 3335. Frank A. Wardwell. S. 790. William B. Taylor. S. 3336. William H. Blake. S. 873. Sarah A. Coons. S. 3401. George B. Hazen. S. 884. Harvey L. nose. S. 3402. Nicholas Fifer. S. 907. John 1\fehan. S. 3403. Henry C. Lamphier. S. !)26. Ransford P. Williams. S. 3422. Edna Stevens. S. 949. Michael Dolan. S. 3437. Charles H. Grant. S. 982. William H. Dillingham. S. 3438. John ·B. Catlin. S. 992. Francelia King. S. 3588. William H. Brooks. S.1006. Denis .l\IcCloskey (alias William Thompson). S. 3590. David Johnson. S.1008. John F. Walker. S. 3696. John Tredo. S. 1019. John Hodge. S. 3714. Taranndocty Owens. S.1020. Mary White. S. 3722. Jacob S. Young. S. 1021. Ke-way-gah-bow-e-quay. S. 3838. John F. Arnold. S.1058. Hamilton Lutes. S. 3839. William H. Coleman. S.1143. John S. Armstrong. S. 1144. Samuel Conrad. ARMY ENLISTMENTS, ETC. S.1145. John Tumer. l\Ir. DU PONT. From the Committee on Military Affairs I S. 1184. George Bond. report back favorably with an amendment Senate resolution S. 1197. William A. Cutler. 177, submitted ·by me on the 8th instant, and I ask for its pres­ S.1201. John H . .l\fcEathron. ent consideration. S.1203. Joseph Laduke. The Senate, by unanimous consent, proceeded to consider the S.1347. Marion Campbell. resolution. S. 1492. Ashel EJ. Dickinson. The amendment was, in line 2, after the word " statement," S.1496. George Richards. to strike out the words " by The Adjutant General of the Army," S. 1407. James Deselms. so as to make the resolution read : S.1558. Hattie Pearson. Rcsoli;ed, That the Secretary of War be, and be is hereby, directed S.1'581. Leroy T. Hills. to furnish to the Senate a statement showing, for the 10 years ending S. 1588. William II. Torrey. on the 30th day of June, 1911, the average annual number of original S.1620. John E. Dolloff. enlistments, of reenlistments, of discharges from ervice by reason of expiration of terms of enlistment, and of separation from service for S.1636. Thomas Adams. all other causes, each cause of separation, with the figures therefor, to S. 1GG7. Jesse Gilbert. be stated separately. S. 16G9. Seth Goldthwait. S. 1671. Emerette A. Walter. The amendment was agreed to. S. 1696. Lizzie I. Russ. The resolution as amended was agreed to. S. 1702. William Bes inger. STEAMER "W.R. WOODFORD." S.1775. Soll P. Merrill. S.1 22 .. Albert L. T. Bush. Mr. BURTON. From the Committee on Commerce I report S. 1877. James O'Neill. back favorably without amendment the bill (S. 3860) to grant S. 1 88. Richard Simpson. authority to the Inland Steamship Co., of Indiana Harbor, Ind., S. 1 9. William H. McKay. to change the name of the steamer W. R. Woodford to N. L. S. 1D30. Jacob Waymire. LcC>pold, and I submit a report (No. 166) thereon. I ask for S. 1953. James N. Bascue. the present consideration of the bill. S. 1965. John 1\1. Herman. The Secretary read the bill, and there beillg no objection, S. 2009. Francis L. Prouty. the Senate, as in Committee of the Whole, proceeded to its con­ S. 2119. Horace P. Lester. sideration. 1912. .CONGRESSIONAL RECORD-SENATE. 839

The bill was reported to the Senate without amendment, By l\lr. LEA: ordered to be engrossed for a third reading, read the third time-, A bi!l ( S. 4332) for the relief of heirs or- estate of Stephen and passed. Smith, deceased; STEAMER "HENRY A. HAWGOOD." A bill ( S. 4333) for relief of the heirs or estate of Willfam H. Turley, deceased; Mr. BURTON. From the Committee on Commerce, I report A bill (S. 4334) for the relief of heirs or estate of Edwin back favorably without amendment the bill (S. 3580) to Moore, deceased ; nutllorize a change of name of the steamer Henry A.. Hawgooa. A bill ( S. 4335) for the relief of heirs or estate of William and I submit a report (No. 167) thereon. I ask unanimous Kennedy, deceased; consent for the present consideration of the bill. A bill (S. 4..336) for the relief of heirs or estate of W. H. The Secretary read the bill; and there being no objection, the Neel, deceased ; Senate, as in Committee of the Whole, proceeded to its con­ A bill ( S. 4337) for the relief of heirs or estate of George P. sideration. Shelton, deceased ; and The bill was reported to the Senate without amendment, or­ A bill (S. 4338) for the relief of F. A. R. Scott; to the Com­ dered to be engrossed for a third reading, read the third time, mittee on Claims-. and passed. A bill (S. 4339) to authorize the Lewisburg & Northern Rail­ STEAMER u ARTHUR H. HAWGOOD." road Co. to construct, maintain, ancl operate a railroad bridge Mr. BUR'.rON. From the Committee on Commerce, I report across the Cumberland River, in the State of Tennessee; to the back favorably without amendment the bill (S. 3870) to gra!lt Committee on Commerce. By l\Ir. REED: authority to the Inland Steamship Co., of Indiana Ha~bor, Ind., to change the name of the steamer Arthur H. Hawgooa lo A bill ( S. 4340) to remove the charge of desertion from the military record of Frank r.... eonard (with accompanying paper) ; Joseph Blool~, and I submit a report (No. 168) thereon. I ask and · for the present consideration of the bill. The Secretary read the bill; and there being no objection, the A bill ( S. 4341) removing the charge of desertion from the Senate, as in Committee of the Whole, proceeded to its con­ military record of Nathan l\:1cDaneld and extending to him pen­ sideration. sionable rights; to the Committee on l\Iilitary Affairs. The bill was reported to the Senate without amendment, or­ A bill ( S. 4342) granting an increase of pension to Caleb S. dered to be engrossed for a third reading, read the third time, Bigham (with accomflanying paper); A bill ( S. 4343) granting an increase of pension to William ancl passed. Hodge (with accompanying papers); BILI;S INTRODUCED. A bill ( S. 4344) granting an increase of pension to_ Julius Bills were introduced, read the first time, and, by unanimous Cohn (with accompanying papers); · consent, the second time, and referred as follows: A bill ( S. 4345) granting an increase of pension to Louisa By Mr. GALLINGER: Ibms (with acco!I}panying papers) ; A bill ( S. 4315) to authorize the Commissioners of· the Dis­ A bill ( S. 4346) granting an increase of pension to Malinda A. trict of Columbia to accept donations of money and-land for Greenstreet (with accompanying papers) ; the establishment of a branch library in the District of Co­ A bill (S. 4347) granting an increase of pension to John Mc­ lumbia, to establish a commission to supervise the erection of Laughlin (with accompanying papers) ; and a branch library building in said District, and to provide for A bill ( S. 4348) granting an increase of pension to l\Iiles J. the suitable maintenance of said branch ; to the Committee on Williams (with accompanying papers); to the Committee on the District of Columbia. Pensions. A bill (S. 4316) granting an increase of pension to Julia R. By Mr. CHAMBERLAIN: Wood (with accompanying papers) ; and A bill (S. 4349) to amend section 3 of an act entitled "An act A bill (S. 4317) granting an increase of pension to Emilie M. to withdraw certain public lands from private entry, and for Boyle (with accompanying papers) ; to the Committee on other purposes," approved l\Iarch 2. 18 9; to the Committee on Pensions. Public Lands. By .Mr. WARREN: By 1\-lr. JOHNSTON of Alabama: A bi11 ( S. 4318) to establish a mining experiment station A bill ( S. 4350) to promote the safety of travelers and em­ at Lander, Fremont County, Wyo., to aid in the de-velopment ployees upon railroads engaged in• interstate or foreign com­ of the mineral resources of the United States, and for other merce; to the Committee on Interstate Commerce. purposes; to the Committee on .Mines and Mining. By l\fr. MYERS : A bill (S. 4319) for the relief of John Schnoor (with accom­ A bill (S. 4351) to authorize and direct the Secretary of the panying papers) ; to the Committee on Claims. Interior and the Secretary of the Treasury to deliver to the By Mr. McCUMBER: go-vernor of the proposed State of Arizona, for the use of the A bill (S. 4320) to amend an act entitled "An act granting State, ce.rta.fu furniture and furnishings; to the Committee on pensions to certain enlisted men, soldiers and officers, who Territories. served in the Civil War and the War with Mexico," approved A bill ( S. 4352.) to authorize the Secretary of the Treasury February 6, 1907 ; to pay to the governor of Arizona, for the use of the State of A bil1 (S. 4321) granting an increase of pension to William Arizona in the furnishing of its capitol building, the unused R. Evans; balance of the sum appropriated for the purpose of defraying A bill ( S. 4322) granting an increase of pension to William the expenses of the constitional convention of said State and Orcutt (with accompanying papers) ; certain elections; to the Committee on Appropriations. A bill (S. 4323) granting an increase of pension to George F. By Mr. WILLIAMS : Da-vlin (with accompanying papers) ; and A bill (S. 4354) to create a. commission to investigate and re­ A bill (S. 4324) granting an increase of pension to Stelln May port the question of the liability of the United States Govern­ J)ixon; to the Committee on Pensions. ment for riparian damages on the east bank of the Mississippi By Mr. :.rOWNSEND (for .Mr. SMITH of Michigan): River between Vicksburg, Miss., and Bayou Sara, La.; to the .A bill ( S. 4325) for the relief of Sophie l\f. Guard; an.d Committee on Commerce. A bill (S. 4326) to discontinue suit in United States court By Mr LODGE: ngainst James C. Eslow, surety; to the Committee on Claims. A bill (S. 4355) incorporating the National Institute of Arts By Mr. BROWN: and Letters; and A bill (S. 4327) to provide for the purchase of a site and the A bilJ.. (S. 4356) incoi:porating the National Academy of Arts erection of a public building thereon in the city of David City,.. and Letters~ to the Committee on the Judiciary. Nebr.; to the Committee on Public Buildings- and Grounds. By l\fr. WORKS : A bill (S-. 4328) authorizing the Winnebago Tribe of Indians A bill (S. 4357) granting an increase of pension to Mattie M. to submit claims to the Court of Claims; to the· Committee on Converse (with accompanying papers); to the Committee on Indian A.ffairs. Pensions. A. bill ( S. 4:329) granting a pension to Uary F. Grady; to the By Mr. NELSON: Committee- on Pensions. A. bill (S. 4358) to provide a dwelling for the keepers of the A bill ( S. 4330) to remove the charge of detiertion from th.e lights and for improving the lighting in Guantanamo Bay, military record of Samuel Goozee (with accompanying paper) ; Cuba.; to the Committee on Military Affairs.. A bil1 ( S. 4359) to provide for improvin~ the light station at By Mr. O'GOR::\1AN:. Kauhola Point, Hawaii; A. bill ( S. 4331) for th.e relief of William. E Farrell; to the A bflI (S. 43GO) to provide for the establishment of aids to Committee on Naval Affairs. navigation in Pearl .Harbor, Hawaii;

' 840 CONGRESSIONAL RECORD-SENATE. JANUARY 11,

A bill ( S. 4361) to provide for the construction of lighthouse A bill ( S. 4405) for the relief of heiFs or estate of R. J. tender for general service; Packer, deceased, and Mrs. R. V. Packer; A bill (S. 4362) to provide for the construction and equipment A bill ( S. 4406) for the relief of heirs or estate of Mrs. E. J. of additional light "Vessels for general service; Penny, deceased; · A bill ( S. 4363) to provide for the establishment of a light A bill ( S. 4407) to restore tbe endowment of the Judah and fog signal at or near Cape St. Elias, Alaska; and Touro Almshouse, of New Orleans, La. ; A bill ( S. 4364) to provide for the use as a lighthouse depot A bill ( S. 4408) for the relief of heirs or estate of Jean of such part of the naval reservation at San Juan, P. R., as may Vigneaux, deceased (with accompanying paper) ; be useful for such purpose; to the Committee on Commerce. A bill ( S. 4409) for the relief of heirs or estate of Joseph (By request.) A bill (S. 4365) to amend the act entitled "An Jean Savoie, deceased (with accompanying paper) ; act to codify, revise, and amend the laws relating to the ju- A bill ( S. 4410) for the relief of heirs or estate of George diciary," approved l\Iarch 3, 1911; ancl - _ Farris, deceased (with accompanying paper) ; (By request.) A bill ( S. 4366) to amend the act entitled ".An A bill ( S. 4411) for the relief of heirs or estate of Achille act to codify, revise, and amend the laws relating to the ju­ Savoie, deceased (with accompanying paper) ; diciary," appro-red l\!a;.-ch 3, 1911; to the Committee on the A bill ( S. 4412) for the relief of heirs or estate of Wilford C. Judiciary. Jackson, deceased (with accompanying paper) ; By l\Ir. THORNTON: A bill ( S. 4413) for the relief of heirs or estate of Joseph C. A bill _(S. 4367) to provide for the establishment of aids to Miller, deceased; and . navigation at Atchafalaya Entrance Channel, La.; to the Com­ A bill (S. 4414) for the relief of Raymond Jeann Piere (with mittee on Commerce. accompanying paper) ; to the Committee on Claims. A bill (S. 4368) for the relief of Jules J. Dubernard; By Mr. PERKINS: A bill ( S. 4369) for the relief of hei~·s or estate of Owen A bill ( S. 4415) to provide for making neces ary improve­ Conlan, deceased ; ments at Point Pinos Light Station, Cal. ; to the Committee on A bill ( S. 4370) for the relief of heirs or estate of Pierre Commerce. An·illien Brousmrd, deceased; By Mr. CHILTON : A bill ( S. 4371) for the relief of heirs or estate of Louis A bill ( S. 4416) granting a pension to Cornelius Gandy; Broussard, deceased; A bill ( S. 4417) granting a pension to-Ida P. Duffy; A bill ( S. 4372) for the relief of heirs or estate of Joseph A bill (S. 4418) granting a pension to l\Iary A. Johnson; Ursin Broussard, deceased; A bill ( S. 4419) granting a pension to l\1alinda Jones; A bill ( S. 4373) for the relief of heirs or estate of Duplessin A bill ( S. 4420) granting a pension to Florence Harmon; Brom;sard, deceased; A bill (S. 4421) granting a pension to l\Iyrtle Jackson; A. bill ( S. 437 4) for the relief of heirs or estate of N. Her­ A bill ( S. 4422) granting a pension to Adda B. Holmes; mogene Breaux, deceased; A bill ( S. 4423) granting a pension to B. F. l\Iorrow ; A bill ( S. 4375) for the relief of heirs or estate of Sevenne A bill ( S. 4424) granting an increase of pension to James Boudreaux, deceased; l\IcConnell ; ~ A bill (S. 437G) for the relief· of heirs or estate of Natalie A bill (S. 4425) granting an increase of pension to Thomas Boudreau and Severin Landry, deceased; Copley; A bill ( S. 4377) for the relief of heirs or estate of Carmelite A bill ( S. 4426) granting a pension to Isaac Cutright; Boudreau, deceased; A bill (S. 4427) granting a pension to Marshall Dillon; A bill ( S. 4378) for the relief of heirs or estate of Ursin A bill ( S. 4428) granting a pension to Harvey Burns; Bernard; deceased; A bill ( S. 4420} granting a pension to Louis H. Ewart ; and A bill (S. 4379) for the relief of Joseph Bernard, jr.; A bill ( S. 4430) granting a pension to Elijah Hemings; to A bill (S. 43 0) for the relief of heirs or estate of P. Emile the Committee on Pensions. Arcenen:ux, deceased; l\fr. BURTON. I desire to introduce a bill reported by the A bill (S. 43 1) for ·the relief of Emerante Arseneaux and National Monetary Commission, entitled "A bill to incorporate estate of Avignac Arseneaux; the National Reserve Association of the United States, and for A bill ( S. 4382) for the relief of heirs or estate of Francis other purposes," which I ask may be referred to the Committee Alleman, deceased ; on Finance. A bill ( S. 4383) for the relief of 1\Iarie Alexandre; The bill (S. 4431) to incorporate the National Reserve Asso­ A bill ( S. 4384) for the relief of Auguste Albarado; ciation of the United States, and for other purposes, was read A bill ( S. 43 5) for the relief of heirs or estate of Joseph twice by its title and referred to the Committee on Finance. l\Ielancon, deceased ; By l\Ir. BURTON: A bill (.S. 4386) for the relief of heirs or estate of Patrick A bill ( S. 4432) to provide for the construction of a light l\IcCormack, deceased ; and fog-signal station and for improving the aids to navigation A bill (S. 4387) for the relief of heirs or estate of Desire at Lorain Harbor, Ohio; - Landry, deceased; A bill ( S. 4433) to provide for rearranging, rebuilding, nnd A bill ( s. 4388) for the relief of heirs or estate of Marie C. improving the aids to navigation at A htalrnla Harbor, Ohio; Labas deceased ; 1 and A bill (S. 4389) for the relief of l\Iartha B. King; A bill ( S. 4434) to provide for removing, reconstructing, and A bill ( S. 4390) for the relief of Francis Jean ; improving the fog-signal station at Cleveland, Ohio; to the - A bill ( S. 4391) for the relief of Florimand Izard ; A bill ( S. 4392) for the relief of heirs or estate of Henry J. Committee on Commerce. Heard, deceased ; · By l\Ir. TAYLOR: A bill (S. 4393) for the relief of James Goodwin; A bill ( S. 4435) granting a pension to Joe C. Johnson (with _ A bill ( s. 4394) for the relief of heirs or estate of Francis accompanying papers) ; A bill ( S. 4436) granting an increase of pension to I. N. l\I. Fisk, deceased; A bill ( s. 4395) for the relief of heirs or estate of Adolph Wakefield (with accompanying papers) ; and Dupuy, deceased; · A bill ( S. 4437) granting an increase of pension to Thomas A bill ( S. 4396) for the relief of Mrs. Joseph Duhon ; P. P. Wilson (with accompanying papers) ; to the Committee A bill ( s. 4397) for the relief of heirs or estate of Archilles on Pensions. Prudhomme, deceased ; . By l\Ir. PENROSE: A bill ( S. 439 ) for the relief of Eleanore Nevin Rochon; A bill ( S. 4438) for the erection of a public building in the A bill ( S. 4399) for the relief of heirs or estate of George borough of Pottstown, State of Pennsylvania; to the Committee Sa llinger, deceased; · on Public Buildings and Grounds. A bill ( S. 4400) for the relief of heirs or estate of Edward A bill (S. 4439) granting a pension to Philip B. Depp (with Sigur, deceased ; accompanying papers); A bill ( s. 4401) for the relief .of heirs or estate of Silas A bill (S. 4440) granting a pension to Annie B. Godwi~; Talbert, deceased; (By request.) A bill (S. 4441) to amend the act of Congress A bill ( S. 4402) for the relief of heirs or estate of Onezime approved February 6, 1907, entitled "An act granting pensions Melancon, deceased; - . to certain enlisted men, soldiers and officers, who served in the A bill ( S. 4403.) for the relief of heirs or estate of Mary A. Civil War and the War with Mexico"; and Meredith, deceased; . (By request.) A bill (S. 4442) providing pensions for com­ A bill ( s_ 4404) for the relief of heirs or estate of Aymar missioned officers, noncommissioned officers, and enlisted men Mouton, deceased; of the United States Army who served on the western frontier

'

, 1912. CONGRESSIONAL RECORD-SEN.ATE~ 841

above mentioned and thus relieved the lands of the eastern riparian during the Indian wars and· campaigns from 1865 to 1890 ; to banks. the Committee on Pensions. '!'here are seven basins on the east bank in the territory mentioned, (By request.) A bill (S. 4443) providing for the retirement and they contain : of noncommissioned officers, petty officers, and enlisted men of Area of seven basins ______acres__ 492, 000 Area in cultivation prior to 1890 ______do____ 100, 000 the United States Army, Navy, and l\:Iarine Corps, and for the Annual production of cotton prior to 1890 ______bales__ 50, 000 efficiency of the enlisted personnel; to the Committee on Mili­ Value of annual export productions prior to 1890 ______$2, 000, 000 tary Affairs. Population prior to 1890______21, OOG (By request.) A bill (S. 4444) to improve the standing of (Report 1894-95. See report Mississippi River Commission, Vicks­ honorably discharged soldiers, sailors, and marines, Regulars burg levee district.) A comparison of two 20-year periods will tell the story of the in- or Volunteers, in obtaining civil-service positions; to the Com­ crease of overflows, to wit :1 mittee on Civil Service and Retrenchment. From 1867 to 1890 there were 3 overflows. A bill (S. 4445) to direct the Commissioner of ~avigation to From 1890 to 1910 there were 12 overflows. While there is no record anterior to 1870, nor memory of any over­ list as rebuilt unrigged vessels, and to prescribe what shall be flows, affecting in any wise the production of crops in this territory. considered a rebuilt unrigged vessel; to the Committee on Com­ In 1907 there were 3 overflows in the Rodney district. merce. CHAPTER II. By l\1r. OVERMAN : LOSSES AND DAl\L\.GES SUSTAINED BY THE ELEVATIO)f OF TIIE FLOOD LI:-;E. A bill ( S. 4446) to provide for completing the lighting and In the years of 1890, 1891, 1892, 1893, 1897, 1898, 1899, 1903, 190-1, marking with aids to navigation of Cape Fear River, N. C.; 1906, 1907, 1908, and 1909 the flood waters flowed these lands, and the cro:ps thereon have been destroyed, and the live stock drowned, and to the Committee on Commerce. the buildings and fences and other improvements undermined and By Mr. LA FOLLETTE: washed away, and the drains and ditches filled up, a.nd the soil washed A bill (S. 4447) granting an increase of pension to James off, and the lands covered with superinduced additions of water, earth, sand, and gravel, so as to render them unfit for cultivation, and to McNeil (with accompanying papers) ; practically destroy their value, causing not only millions of loss to the A bill (S. 4448) granting an increase of pension to Sallie owners but to the commerce of all riparian towns on the east bank Ann Bradley (with accompanying papers) ; and from Vicksburg to Bayou Sara. We earnestly invoke your attention to the fact that these losses and A bill ( S. 4449) granting an increase of pension to Michael damages a.re not only individual but public, crippling the commerce of O'Brien (with accompanying papers) ; to the Committee on this territory to a menacing degree. Pensions. CHAPTER III. By l\lr. OWEN: OSTRACISM BY THE MISSISSIPPI RIYER COMMISSIO~ FROM LEVEE PRO­ A bill ( S. 4450) to enable the Secretary of the Interior to TECTION AND THE STATISTICS OF THIS TERRITORY. Some of our friends, both in and out of Congress, who have been carry out th€ provisions of Article VI of the treaty between enjoying the benefit of the levee system for 25 years have censured the the United States and the Navajo Nation or Tribe of Indians, people on the east bank from Vicksburg to Ilaton Rouge for not having proclaimed August 12, 1 68, and for other purposes; to the inaugurated levee building on the east bank at the time the great activity in levee building commenced. The reasons they did not so Committee on Indian Affairs. build are not far to e,eek, and their justification lies in the archives of By Mr. BOURNE: the Mississippi River Commission. A few extracts from which are as A bill (S. 4451) to authorize the construction of a road in follows: The river commission announced in the very beginning that to levee Crater Lake National Park, Oreg., and to appropriate $100,000 the east bank from Vicksburg down to Baton Rouge would not in for the commencement thereof; to the Committee on Appropria­ the judgment of the commission contribute toward the "improvement tions. of navigation." On page 213, Hearings before Senate Committee on Commerce, May 12, 1890, the famous engineer, Capt. Smith S. Leach, LEVEE PROTECTION OF THE MISSIS~IPPI RIVER. testifying before the committee as to the plans, policy, and scope of the Mississippi River Commission said : • Mr. WILLIA.l\lS introduced a bill ( S. 4353) to aid in con­ "The Government has never consented to contribute, the commis­ struction of levees and embankments on the east side of the sion has never allowed itselt to contribute, one cent town.rd the build­ Mississippi River in Warren, Jefferson, Adams, and Wilkinson ing of a levee that did not materially restrict the flood escape. Counties, in Mississippi, which was read twice by its title and " 'rhere a.re certain small basins · footings as they may be called. of overflowed country near the Hi~h Bluffs that contain a very small referred to tlle Committee on Commerce. area, and we can afford to let eacn flood fill them once. The damage l\lr. WILLIAMS. In connection with the bill ·I present a caused by allowing each flood to fill the basin once is less than the cost of leveeing it." memorial of the Legislature of the State of Mississippi and a Page 69, same hearings, l\faj. Harrod, a member of the Mississippi memorial of citizens of Mississippi, which I ask may be printed. River Commission, testifying as to the plans, policy, and scope of the in the IlECORD and referred with the bill to the Committee on commission, testifies : " Senator WASHBURN. Is the river leveed on both sides of the river? Commerce. Maj. HARROD. It is leveed on one side, the right bank, the entire There being no objection, the memorials were referred to the way. It is leveed on the other bank from Baton ftouge down. The Committee on Commerce and ordered to be printed in the· levees do not extend above this point, because the hills are in sueh close proximity as to serve as levees. RECORD, as follows: These two authorities !!.how that, in the interest of "navigation," the History of the east bank of tlle Mississippi River from Vioksbm·g to Government deliberately doomed the lands on the east bank to be Bayou Sara, t0ith 1'ef ere nee to levee protection, etc., and niemorial placed ln the channel of the river in times of high water. Although and petition to the President and Oong1·ess of tlce United States. the aggregate area of the seven basins was 492,000 acres, of which in cultivation prior to 1890, 100,000 acres, and annual production of cot­ CONTENTS. ton thereon, 50,000 bales, and a value of export ·products prior to I. A r~sume of the condition of the east bank from Vicksburg to 1890 amount to $2,000,000, and a population of 21,000 souls. (See Bayou Sara before the advent of the elevation of the flood line of the Report Mississippi River Commission, Memorial Vicksburg Levee Dis­ Mississippi River in 1890. trict, Report 1894-95.) II. Losses and damages sustained by the elevation of the flood line. The people on the east bank, having full knowledge of· these decisions III. Ostracism by the Mississippi River Commission from levee pro­ of the commission, would not tax themselves to build an extensive line tection and tbe statistics of this territory. of levees, because without Government control and assistance they IV. '.rhe efforts of tbe people and the appeal made to Congress, thence could not secure cooperatlc..n between individual owners as to strength referred to the Mississippi River Commission, and their denial by that and grade of levees ; but the extraotdinary height of the flood line in body for lack of authority in Jaw. 1890, 1891, 1892, and 1893 stun~ the people to appeal to Congress for V. '.rhe memorial of the Mississippi State Legislature to Congress. relief. A great convention wa.s held, which issued a memorial to Con­ VJ. The answer and report of the i\fississippi River Commission to gress. Delegates were appointed, hearings before all the committees in the memorial of the Mississippi State Legislature. . Congress having to do with river matters were had, and these congres­ VII. The appeal of the association to the President and Congress of sional committees, ove1· the individual signatures of their members, the United States. recommended to the Mississippi River Commission to allot all the money CHAPTER I. they could to the afilicted territcry. (See Mississippi River Commission Report 1894-95.) A Rli:SUMB OF THE CO~DITIONS OF THE EAST BA~K FROll VICKSBURG TO This memorial, backed by the indorsement of the several congres­ BAYOU SARA. BEFORE THE A.DVE~T OF THE ELEVATION OF THE FLOOD sional committees, was duly presented, and on June 24, 1894, the com­ LI~E OF THE MISSISSIPPI RIVER IN 1890. mission thus responded : Before the inauguration of the Mississippi River levee system, datirig "But the commission is convinced after mature consideration that its real active beginning in 1883, the 21,000 inhabitants dwelling in it is not within its ju!.i.sdiction, under the powers vested in it by law, this territory for a distance of 200 miles from Brunswick, Miss., just to make direct compensation for such consequential injuries out of the above Vicksburg, to Bayou Sara, La., enjoyed an immunity from over­ funds appropriated by Congress for the improvement of the river or flows of the Mississippi River for a long period of years. the construction of levees. It is within its jurisdiction to r·ccommend To quote ·the language of the Mississippi River Commission : " The allotments of money for the construction of levees wherever thefr use­ elevation of the general flood levels which bas resulted from the ex­ fulness in the preyention of overflow will justify the cost, and not tension of the levee system in recent years subjects those lands to elsewhere. (See Report Mississippi River Commission 1894-95, p. 2713:) deeper overflow than they were subject to formerly or would be subject And although petition after petition since that date has been pre­ to now i.f the levee system were not in existence." (See Mississippi sented to them, in. which it was shown that the riparian owners iu River Commission Report, .Tune 30, 1910, p. 2937.) - districts petitioning had already taxed themselves to build levees, the And the reaS'on of this was because not only was the natural eleva­ commission has steadfastly refused to contribute $1 to the protection tion of these eastern banks higher than those of the western side of of the east bank: and in their very last utterance, of July 30, 1910, the river, but the flood waters of the Mississippi River had escaped into they adhered to the position tuken way back in 1882, and announced the White River nnd Upper Tensas Basin, and passed in part through that they must have specl1l.c authorization before they could, under the the Boeuf cut-oil' into the Ouachita Basin, and in. part down the law. build levees on the east bank. (See Report of Mississippi River Bayous Macon and Tensas, and on by the Atchafalaya River to the Commission, 1910, pp. 2937, 2938.) Gulf o1 Mexico, and if they ever reached the lands of eastern riparian Thus is shown the continued and complete ostracism inflicted upon banks In volume to overflow them they were speedily reduced by cre­ this territory by the commission, as far as assistance to build levees vasses on the weilt bank, which allowed them to escape into the basins was concerned. 842 CONGRESSIONAL RECORD-SENATE. JANUARY 11,

But you may say, Why did we not build a system of levees ourselves north and west by the Government for the improvement o! "navigation and without the aid of th~ Government? · and the promotion of the interest of commerce,'' that this territory has­ First. Because the experience of all the other- Levee districts on the suffered. to. any material degree from the etieets of floods. Thus since river, both north and south, before the Government took over the con­ the begmrung of 1882 we· have suffered seven overflows in the last 12 trol of the disconnected levees and levee boards and organized them into years. We respectfully submit that it is the consensus of opinion and one grand system, directed by the skill of its ablest engineers and experience of the alluvial inhabitants of this district that since 18 2 backed by its millions of finance and clothed with the authority o! the flood line has been raised from 2 to 3 feet over its area higher than law, showed that the attempt to control overflows by local independent 1n former years. le-vee boards and planters, some rich and some poor, some engineers Such was the ccmfidence of the inhabitants in the immunity from intelligent and others incompetent, was wholly futile, unless directed overflowing enjoyed by this district that even up to 1890 they did not by a centralized authority. In evidence of this, we call your kind consider that the river problem affected them, and when in the follow­ attention to the following tables, showing conditions prevailing just ii;ig years they were forced to understand that the conditions of the prior to the active control of the United States Government and while river were revolutionized along this reach their ability to protect them­ under the levee boards then existing : selves by building levees had been paralyzed by the repeated disa ter The crevasse of 1882, numbering ______284 from overflow. Those of 1883, numbering ______224 The evidence of' increased elevation of the flood line is supported by Those of 1884, numbering------204 the reports o:I the engineers under your honorable body and by the report of your honorable body itself. We resi;.ectfully refer to report But after seven years of Government supervision and airectlon, from of 1892, page 3187, and report of 1893, page 3u60. 1883 to 1890 (in which period there were no high waters), the number The loss to the inhabitants of this territory by the last four over­ of crevasses in the levees during the great flood of 1890 were reduced to flows, especially the last two, caused by this increased flood line has 23. (See hearings before Senate Committee on Commerce, p. 46.) impoverished them. Im.mediate relief is the pre sing need. Second. The effect of the Government control and perfection of the In the last two years alone they have suffered a complete de truction levee system as a whole in those seven years raised the flood line to -Of crops. From estimates of inhabitants of the variou countie ~ tbe such an unexpected height (instead of the promised lowering) that the totn.l amount of loss is $400,000, at least, in the period mentioned task of building le•ees then was beyond the financial resources of the from the causes mentioned. people on the east bank, without the aid of Government, which aid wail We submit that every levee district on the river between Memphis sought and persistently refused. • and the Gulf. on both banks, has received aid and assista.nce but this In support of these statements they herewith present the memorial one, and, while . resulting in benefit to the districts protected has been of the Vicksburg levee district, presented to the National Congress clearly at the ruinous expense of this di trict ' l\farcJ1 8, 1894, and now on file in the office of the Seeretary of War. " Your honorable body has repo~ted, in report of 18!l3, page 3500, that (See Report of Mississippi River Commission, 1894-05.) undoubtedly greater heights will occur when a still 1arg-er propor ion CHAI":I'E~ IV. of high-water di charge is controlled between levee ." That thi con­ trol of the high-water discharge has been rapidly increased, that the CALL OX WAR DEPARTl\IENT IN CASE OF W. S. HAr'KlNSO~, NO. 18619. sum of 1,500,000 is being spent in this pre ent year to effect this The claimant moves for a call upon the above-named department for object, and that still further sums are allotted for this object for the the following information and papers, deemed necessary for the due succeeding years in every district but this di trict compels the loaical presentation ot this cause: sequence that the lands in this territory on the ea t bank will re;eivo A copy of the memorial of the Vicksburg Levee District to the Mis­ greater damage and its inhabitants be plunged into deeper distress than sissippi River Commi sion, together with the request for a considera­ ever, unless your honorable body ill grant om· petition and allot th.e tion thereof by the House Committee on Rivers and Harbors, :md the sum asked for to protect this district. House Committee on Levees and Improvements on the Mississippi River The claim that we prefer rests upon the strong ground of justice and and its Tributa1·ies, dated March 10, 1894. and the indorsement of the equity. The people are not able to protect themselves by con tructjng enate Committee on Improvements of the Mississippi River and its new levees or repairing the old ones, and the eonditions impose upon Tributaries, dated March 13, 1894.1. and that of the Senate Committee the United States the highest obligation recognized by sovereigntles­ on Commerce, dated March 17, 11:194, together with the reply of the the moral duty to protect this territory from further disaster from commission written at New Orleans, Jnne 29, 1894. floods of the Mis is ippi River. While the Government, National and State, may absolutely appropriate or impo e a ervitude on private CHAS. & WM. B. KING, property, the Constitution imposes upon the right of eminent domain Attorneys for Claimants. the condition that individual proyerty shall not be taken nor mate­ Allowed October 8, 1897. rially injured without making ful compensation. That principle ha.s S. J.P. been interpreted by the Supreme Court of th United States to apply THE MEMORIAL OF Tlil4 VICKSBURG LEVEE DISTRICT TO THE MISSISSI.Pl'I to the deterioration of the value of use by the flow of water or the RIVER COMl\USSIO •. deposition of sand or other material cau~ed by the erection of poolic 0 GENTLEMEN OF THE MISSISSil'Pl RIVER COMMISSION : The Vicksburg works. Leyee District, created by an act of incorporation on the 7th day of W~ insist that the pr.inciple thus liberally interpreted hy the Federal February, 18D4, by the Legislature of the State of Mississippi, em­ judiciary shall be applled for the benefit of this territory. We have braces, for the location of levees: not asked for a moneyed compensation for the damage done our dis­ First. A territory in Warren County beginning at Brunswick, 18 trict, but we do petition your J.JonorabJe body, as the agents and miles above Vicksburg, and extending southward to Yazoo River. officers of the United States, to place our district in statu quo with Second. A territory in Warren County beginning a.bout 15 miles other districts. and for that purpose that you allot to our district the below Vicksburg and extending southward about 12 miles to Hayse­ sum of 350,0QO, and that work thereon be ordered to begin the err­ ville, on Old River. suing summer to the end tllat the inhabitants of this district recei've a Third. A territory in Jefferson County beginning at Rodney and ex­ character of compensation which contributes a degree of benefit to the tending southward to Coles Creek, about 9 miles. improvement of navigation and the promotion of the interests of Foul'th. A territory in Adams County beginning about 3 miles below commerce, as well as to the inhabitants of the district. Natchez, at the St. Catherines Creek, and extending to the Gregory We append the statement of steamboat owrrer of the lower river plantation, about 8 miles. and a letter from the president of the Anchor Linc showing the ad­ F'lfth. A territory in Adams County, beginning at Ellie Cliffs and vantage to commerce of this beneficent work. (Exhibit C.) extending southward to the Briers plantation, about 4 miles. We append maps of all of said districts, except the map from Bruns~ Sixth. A territory in Adams County, beginning a.t Winnview and wick to Vicksbur~. which is now in tbe band!'! of your engineers. extending southward to the Alloway plantation, a distance of 6 miles. B. We a.sk a distribution of the snm, as follows : Seventb. A territory in Wilkinson County, beginning near mouth of For north Warren County ______$125, 000. 00 the Homochitto River and extending 2 miles southward. For south Warren County______83,000.00 Eighth. A terrltory in Wilkinson County, beginning at the hills on For Jefferson County______27, G66. 67 the northern boundary of the Langside plantation and extending south­ For Adams County ______:______81, 000. 00 ward to the site of the former residence on Tarbert plantation, a clls­ For north Wilkinson County______7, 500. 00 tance of U mlles ; all of which is more particularly described in the For south Wilkinson County (Lang_side crevasse)______27, 000. 00 accompanying maps herewith filed. This territory, beginning at Brunswick and extending southward about 185 m11es to the southern boundary of the State of Mississippi, Totai_------~------351, 166. 67 on the thirty-first parallel of latitude, lies between the hills and river and And we ever pray. contalns seven separate an-0 distinct valleys or basins united in one Respeetfully submitted. levee district, to be controlled and governed by com.missioners selected II. F. Sill1RALL, from ea.ch county. JOH.. F. J"fJNKUi'S, The total length of levee line to be built or enlarged Is 60 miles, and Delegates from the Vicksburg Levee District, Ma~·oh 8, 1B!i4. the total number of cubic yards required to build said levees will be about 1,950,000, and we estimate the cost of the snme to be $350li000. We most respectfully present to your honorable body the fo owing memorial: WASHI:NGTON, D. C., March 10, 1894. The area of thL~ alluvial territory is about 492,000 ac1·es of land, of We respectfully request that the Mi sissippi River Commission take which about 100,000 acres is arable land. Prior to 1882 the produc­ the a.ccompanying memorial into careful consideration a.nd render such tion of these lands amounted to 50,000 bales of cott-0n per annum, not aid to the district interested as they can. to speak of its grain, hay, and potato crops. If protected by the pro­ The equities presented seem to us strong enough to ju tify the com­ posed levees, the above productions would be largely e~eeded. mis ion in allotting a portion of the funds under their control to the The a es ed value of these lands prior to 1890 amounted to from protection of the district, and we hope that they will do so. The mat­ $16 to 20 pei· .aere for the arable land and 5 to 6 per acre for the ter being for the present beyond congre siona.l treatment, we can only woods land. Since 1 no the assessments have been reduced to $5 and recommend that the commission take the matter in hand, which we $6 for the arable 18.lld anQ 1 per a.ere for the woods land from the most respectfully do. causes hereinafter mentioned. The market value of these lands pro­ N. C. BLANCHARD, A. CAMj\fINF.TTI, tected by levees would be 2,500,000 at the 12resent prices prevailing 071.airman, LYML~ Et BA.ll.NES, for tbeir products. Tbe average annual J;Jroducts 1 produced prb>r to T. C. CATCHINGS, JOHN E . REYBURN, 1890 amounted.,to $2,000,000. The population is about 21,000 souls. R. H. CLARKE, BI~GER ll.ERlIAN, Prior to 1882, for s. long period of years, the reach of territory on CHAS. H. p A.GE, w. A. JONES, the east bank enjoyed exceptional immunity from the effects o:! the hood P . D. MCCOLLOCH, J"r., C. II. GROSVENOR, of the M.issi ippi River. We append the sworn statement of citizens of THOS. J. HESDEll.SO::><, S. M. TEVE~SO , Wilkinson County, in the levee district, touching the history of the Committee on Rivers and Harbo1·s of flood referred to, as aff'ecting alluvial lands in said district. (Ex.­ the House of Rep1·esentatives. hibit .) And it has only been since the great activity in levee building and the confinin13" of 40 per cent more water at flood stages to the channel The undersigned members or the Committee on Le-vees and Improve­ than formerly, and more particularly the very large additions to levees ments of the Mississippi River respectfully request the favorable action to the north and west of this territory superimposed upon the State of the Mississippi River Commission on the foregoing memorial of the and local levee, and the general perfecting of the whole line to the Vicksburg levee district. We think that they present a strong case for 1912. CONGRESSIONAL RECORD- SENATE. 843 the favorable consideration of the commission, and hope that they may levees, and that such a case presents all the elements of an equitalJle be able to undertake the work for that district out of moneys at their claim for compensation by the Government by or under whose authority disposal. the work was constructed." Respectfully, JOHN :M. ALLEN, Ohait·man, The correctness of which conclusion hai been fully demonstrated by CHARLES 'fRA.CEY, the occIDTence since the date of said report, in that said lands are now T. R. STOCKD.\.LE, inundated so often, and to such an extent as to be practically valueless J. FRED TALBOT, to the owners for agricultural or pasture purposes, and their tax value F. A . WOOD.A.IlD, consequently so decreased as to yield but scant revenue to the State Lours SPERRY, or the counties. Which said condition must Inevitably continue to J. C. MCDERMOTT, grow worse air the levee system upon the Mississippi River is perfected Committee on Le1Jees and Improvements and made more adequate; :md of the House of Repreaentatives. Whereas under the law as it now exists said riparian owners are without legal redress against the Government of the United States; and ·Whereas it is but right and just that they should receive adequate UNITED STATES SENATE, compensation for the damage inflicted upon them : Therefore be it COMMITTEI~ ON IMPROVEMENTS OF THE Resolved by the Legislature of the State of .Mississippi, That the Con­ MISSISSIPPI RIVER AND ITS TRIBUTARIES, gress of the United States is memorialized and requested to enact such Washington, D. 0., March 13, 1894. law or laws as will grant to tbe owners of riparian lands in said Having had the foregoing memorial submitted to us as Senate ClO. COMMITTEE ON COMMERCE, II. 1\1. STREET, Washington, D. a., March 17, 1894. Speaker House of Rep1·esen'tatives. We, the undersigned, members of the Committee on Commerce, re­ Approved by the governor February 15, 1910. spectfully recommend the memorial of" the Vicksburg levee district E. F. NOEL, Go-i;er;ior. to the favorable considerntion of the Mississippi River Commission. OFFICE OF SECRETA.IlY OF STATE, The appropriation for such work having been already made, we Jacl:sori, Miss., J;'eb.n.ta1·y 15, 1910. think the equities of the case demand the most serious c~nsideration of your commission, and we respectfully and earnestly request the I, Joseph W. rower, secretary of state of the State of Mississippi, do commission to give these memorialists such relief as will be compatible certify that the foregoing senate joint resolution No. 14 is a true and with the equities of their case and the existing law. correct copy of the original resolution now on file in the office o.f secretary of state. M. W. IlANSOM, Chairman. Given under my hand and the great seal of the State of Mississippi EDWARD MURPHY, Jr. this the 15th d~ of February, A. D. 1910. RICHARD COKE. [SEAL.] JOSEPH W. POWER, Secrcta1·y of State. It is within its jurisdiction to recommend allotments of money for CIIAPTER VI. the construction of levees wherever their usefulness in the prevention THE AXSWER A.ND REPORT OF THE MISSISSIPPI RIVER CO:\DfISSIOX TO THE of overflow wiH justify the coi;,t of their eonstruction, and not else­ ME:\IORIAL OF THE MISSISSIPPI ST.iTE LEGISLATURE. · ~~a - There are numerous areas in the valley not yet protected by levees, NATCHEZ, MISS., Feb1'uary 18, 1911. the protection of which is contemplated by the commission if appro­ Last fall there was a meeting held in this city on the !)th day of priations shall be continued, but in which work has so far been de­ October, 1910, by the riparian owners on the east bank of the Missis­ ferred in favor of other localities considered to be of larger impor­ sippi River, between Vicksburg and Baton Rouge, for the purpose of tance. Not being able to do all at once, the commission has been com· trying to obtain relief from the Government of the United States fot• pelled to do first that which seemed most important. . the continued inundation of their lands caused by the elevation of the In respect to the area comprised within your district, that at the flood line in the Mississippi River to an extent hitherto unknown. foot of the Yazoo Basin may be said cet·tainly to !all within the class A tax of 3 cents per acre was levied on each landowner. and a com­ of cases mentioned. Whether any, and if any, how many, of the at·eas mittee was appointed with powet·s to confer with Members on Congress below Vicksbur .~ belong to that class is a question upon which the and the Mississippi River Commission to see what relief measure could commission desires and will seek for further information before reach­ be obtained. Members of Congress replied to their lette1·s by referring ing a final decision them to the Mississippi River Commission, and, accordingly, last June In the meantime the commission will present the subject to the at­ Judge Jeff Truly and John F . Jenkins appeared before the commission at tention of Congress with a full statement of the essential facts in its St. Louis and presented their petition for relief to that body. report for the fiscal year just closing. The answer to their petition is to be-found below in the report of the Very respectfully, your obedient servant. Mississippi River Commission of date the 30th of June, 1910. C. B. Co~ISTOCK, The report of the Mississippi River Commission on this question is a Oolonei of Engineers, Brevet B1··igadier General, distinct and unequivocal avowal on the pa1·t of the l'epresentatives of President .Mississippi River Commissioti. the Government, embracing the most distinguished engineers of the United States Army, that the Government of the United States bas CII.A.PTER v. contributed its portion of damage to riparian owners of the east bank, THE MEMORIAL OF THE MISSISSIPPI STATE LEGISLATURE TO CO~GRESS. and. after 16 years of study, reflection, observation, and experiment, admit there is no longer any doubt that the "general confinement of Senate joint resolution 14. the discharge has increased the ele>ation of flood heights," and that "it A joint resolutioD memorializing the Congress of the United States to is intolerable to any men's sense of justice" that these things should pass necessary laws to e,nable riparian landowners along the Mlssis· continue longer without redress. sippi River in the counties of Warren, Claiborne, Jefferson, Adams, The law is that Congress can not' make appr~priations of money and Wilkinson, in the State of Mississippi, to secure compensation for public improvements without the recommendation of the United for the annual inundation and destruction for agriculturai purposes States engineers. Here, then, embodied in tbis pronouncement, is the of their lands, owing to the construction of Government work and strongest recommendation ever uttered by a United States engineer. levees on the west bank of said river, and to provide adequate levee Armed, then, with this recommendation, the riparian owners should protection for said lands not let the grass grow under theit· feet, but take heart of courage Whereas there are in the county of Warren 21,000 acres of arable from this report and appeal to Congress for aid. • land capable of producing 15,006 bales of cotton annually, and in the EXTRACT FRO~! THE REPORT OF THE MISSISSIPPI RI\Ell CO~I:\IISSION . county of Claiborne 10,000 acres of arable land capable of producing OFFICE MISSISSIPPI RIVER CO~HIISSIO;o<, 7,500 bales of cotton annually, and in the county of Jefferson 18,000 St. Louis, Mo., Jtme SO, 1910. acres of arable land capable of producing 13,000 bales of cotton an­ nually, and in tbe .county of Adams 12,000 acres of arable land capable (Page 2937.) of producing 9,000 bal('S of cotton annually, and in the county of Wil· The attention of Congress bas been called in former years, beginnini:; kinson 9,000 acres of arable land capable of producing 7,000 bales of as far back as 1894, to the situation of the narrow a:::id irregular strip cotton annually ; and of land lying between the :llississippi River and the bio-hJands east Whereas these lands front upon the Mississippi River and are unpro­ of it between Vicksburg and Baton Rouge, a distance of ~34 miles by tected by le>ees : and the river. Within these boundaries the alluvial lands are cut across Whereas until 1·ecent years said lands were capable of being thor­ by a number of small streams coming in from the bills, so as to form, oughly cultivated and utilized for agricultural purposes, and were of in connection with the devious course of the river, detached areas con iderable >alue to their respective owners, and yielded large returns difficult of protection OY levees. The elevation of tbe general flood to the counties in whicll they were located and to the State of Missis· levels, which has resulted from the extension of the levee system· in slppi by reason of their assessed valuation upon the tax rolls of said recent years, subjects those lands to deeper oYerflow than they were counties and State; and subject to formerly or would be subject to now if the levee systel!l \\hereas in recent years said lands have been repeatedly inundated were not in existence. The people living in the larger of these over­ and their crop~ destroyed at least once annually by the inundation of flowed areas have been clamoring for aid in the building of levees the Iisslssippi River: and to protect their lands for 16 years past; but the commission bas been Whereas this result is entirely due to the construction of levees unable to see its way to the recommendation of allotments for that and Government works upon the western bank of the Mississippi River purpose out of the appropriations, for ttie four reasons that the con· in the States of Louisiana and Arkansas, which said fact was admitted struction of levees along these fronts did not appear to have an impor· River Commission, dated June 29, 1894, tant value here as elsewhere lo improvement of the channel ; and the ~~ :~i~~Pi~r~so~t~~~llississippi expense of them was out of proportion to the value of the lands to "The fact is recognized by the commission that it is the inevitable be protected; and the inhabitants were unable to bear the share of result of the progressive advance of the Mississippi River levee system the expense which the commission requil'ed as a condition of Govern­ to cast an addtional burden upon riparian lands in lQ.wer portions of ment aid elsewhere; and the funds appropriated from year to year the valley subject to O\erflow not included within t he protection of the were all necessary for other works of lat·ger importance. 844 CONGRESSIONAL RECORD-SENATE. JANUARY 11',

Some of the landowners in these areas have brougnt suit for damages These vicarious sufferers from the east bank appeal to you to give in the Court of Claims, which, though pending for many yea.rs, have dne consideration to this opinion and to weigh well tne authority as yet been unav:l.iling. While it is not within the province of the that proclaims it. All in vain have they appealed to the commission, commission to express uny opinion as to the legal merits of these suits, and all in vain have they appealed to the Court of Claims. Almost a It is npparent to anyone that there must oe great difficulty in the way generation of human life hns been consumed in the effort to induce -0f adequate relief in that manner. the Court of Claims to award compensation for the e damages ; nnd The immediate cause of the injuries complained of is the increased what has been the award from that long period of effort1 Fnr from elcvntiOllil of the :flood heights. That is the result of the general con­ granting relief, its action has been one prolonged delnv. And this finement of flood discharge by the levee system as a. whole. That sys­ period of delay, extending over 15 years, has been marked by the loss tem has been constJ.·ucted in part by the United States, but in larger of inheritances, the wrecl' of fortunes, the privations of i;ioverty, by part by the various le>ee organizations along the river created by the death and the sherifl''s hammer. laws of the States bordering it. The case is manifestly one for legis­ And these same tragedies will continue to be the allotted portion of lative rather than judicial treatment. Relief in some form ought in th~se people unless Congress wlll itself use its powers to remedy their ju tice to come from Congress and the State legislature in cooperation. grievances. Ilut such coopcratio.!l would be so difficult to attn.in that it is hardly Such is the opinlon of the engineers clothed by this Congress with worth the thought. :Meanwhile the litigation drags its slow length the power and opportunity to study these questions and to report back along, the lives of the landowners are passing away, and hope deferred their findings in the premises viz: That this is not a case for the is making their· he:irt sick. courts, because, as they say, "it is apparent to anyone that there must The situation is pathellc and distressing in the highest degree. be great difficulty in the way of adequate relief in that manner," and That these people should be condemned to perpetual inundation without that "the case is manifestly one for legislative rather than judicial pos ihllity of relief or redress for the sake of an impro>ement for treatment." which their fellow citizens are enjoying great benefits is intolerable to In the case of W. L. Jackson v. The United States, pending for the any ma:i's sense of justice. last 16 ye:irs in the Court of Claims, for damages from overflow, the It appears to the commission tha.t there are three possible ways of said court, in passing npon the demurrer filed in 1910 by the Attorney dealin~ with the problem. One is to assist the owners of the inun- General, denied any jurisdiction over crop damage or personal property . dated lands by helping tt.em to build levees where that method of pro­ destroyed by floods, in the following language : tection is economically possible. Another is to compensate them in " But as to the alleged annual destruction of crops and personal damages for i.he injuries which they have sustained. A third would be property on said lands so taken by overflow the demurrer is sustained." to bny tbe lands and devote them to foresti:y. There is more to be said Which decision by the Court of Claims ls a full and complete an­ in favor of the last of these suggestions than might appear at first swer to any suggestion that these petitioners should seel{ redress before hlnsll. The Ian.els nre capable of growing many kinds of valuable that tribunal rather than before Congress ; and the very first amend­ timber. They conld be made to produce such material for revetment ment to the Constitution confers upon these petitioners tbe rig-ht to and other works of improvemt>nt in the river. If the fields were aban­ have their said grievances heard and considered"before the Congress of doned to natural growth the Jund would be srradually built up by de­ the United States. posit and · they might become hi!~hly valuable for cultivation. Therefore they appeal to you to appropriate a sum not less than Upon tha whole, the commission recommends that a special commis­ $500,000 for the year 1912, to be devoted to the building of levees iu sion be appointed to investigate the subject, with such directions as this terr·itory, under the direction and authority of the hlissis ippi Congress shall {lcem suitable to the case. River Commission; and they also pray for the appointment of a special Signed by William H. Ilixby. president; Robert S. Taylor; J. A. commission to investigate the facts, and after deliberating thereon to Ock~man; Homer P. llitter; William •r. Rossell; J. G. Warren; 0. II. say to Congress what recompense and relief is in justice a.nd equity West. due them. CHAPTER VII. Upon the unanimous asseveration and strenuous recommendation of all the members of the Mississippi River Commission, the most dis­ THE APPEAL OF THD ASSOCIATION TO 'IHE PRESIDENT Al\D CONGRESS OF tinguished engineers in the wor1d, they rest their case. TFill UNITED STA.TES. And they submit to the dispassionate and intelligent judgment of Congress the encomium passed upon the members of the commission Upon receipt of tbe foregoing report of the Missis:ti.ppi River Com­ by that famous river enginee1·, Smith S. Leach : mission the A.ssociation for Relief to Riparian Owners of Eastern Bank " If anybody in the world has information about this thinj?. these of Missi slppi River called a convention, which promptly assembled on men have; and if any statement could be relied upon, these gentlemen's the 2Lith day of March, 1911, and, after a careful deliberation upon statements certainly can." (See p. 46, hearings before Senate Com­ the report, adopted the following resolution : mittee on Commerce, 1890.) Be it .t·esoh:ed, Tbat this association urges upon and requests the Sena.tors and Congre. smen from Mississippi to introduce and advocate WITHDRAWAL OF PAPERS-REGINA EBERT. the passage of such bill or bills as shall secure relief for the riparian o ners on the east bank of the Mississippi River who -have suffered On motion of Mr. BnowN (for Mr. CLAPP), it was damage by overflow by rea on of the increased elevation of the flood Ordered, That leave be granted to withdraw from the files of the line in the Missi ippi River in the time of high water, such action Senate the papers in the case of Regina Ebert, which are filed with ti) be at the eal'licst day consistent with the rules and regulations gov­ bill S. 6u9, Sixty-first Congress, there having been no adverse report erning congressional actions. thereon. Copies of the ahove were forwarded to the congressional Representa­ tirns of this district, requesting them to draft and intro.duce suitable HEARINGS BEFORE THE COMMITTEE ON INl'EROCEA.NIO CANALS. bills in accordance with the foregoing resolution. Whereupon the fol­ Mr. BilANDEGEE submitted the following resolution (S. Res. lowing petition was adopted : 179), which was read and referred to the Committee to Audit To his Eircellency the Presiden.t ana .Members of Congress of the Uttite

' 846 CONGRESSIONAL RECORD- SEN ATE. JANUARY 11,.

order that the Chair has heretofore had entered. But the bill that. The initiation fee is $10,000, and the new members are elected by the old No man can deai directly ucless he is a member. The cor­ itself is here. poration has absolute power over the dealings. All disputes or contro­ The YICE PRESIDENT. Yery well versies are settled by a court established by the corporation itself, in ARBITRATION TREATY WITH GREAT BRITAIN. what is called arbitration proceedings. Neither party is allowed to call in a Federal or State court. It fixes the grade of all cotton, desig­ Mr. RAYNER. ·I desire to gile notice to the Senate that, at nates the warehouses in which it shall be stored, fixes the fee, and its c01rrnnience, I will address the Senate on the subject of the charges for storage, weighing, and all other work done in relation to cotton. It fixes the quotations of orices which are to be published to arbitration treaty between the United States and Great Britain. the world, and these quotations are thus fixed under its rules fo r ADJOURNMENT TO MONDAY. months for which there are no actual sales. It and its members have such wealth that it is claimed, in a pub­ Mr. GALLINGER. I move that when the Senate adjourns lished letter of one of the principal members made in response to argu­ to-day it adjourn to meet on Monday next. ment on the floor of this body, that the exchange can absolutely domi­ nate and fix prices, as against all others, by flooding the market with The motion was agreed to. offers of an unlimited supply of futures when at other places prices DESIG:N ATION OF PRESIDENT PRO TEMPORE. arc, in its opinion, too high, and thus break the market, and, on the other hand, when it deems prices too low at other places may immedi­ Mr. CULLOM. Mr. President, I ask unanimous consent that ately buy all that can be offered. in the al>sence of the Vice President, during the first three days The New Orleans Cotton Exchange, though located in the largest of next week, the Senator from Georgia [Mr. BACON] be au­ cotton market this side of the Atlantic, is a mere annex to and a subordinate of the New York Cotton Exchang~ and so need not be thorized to preside oYer the Senate as President pro tempore. described further than by saying if it had the will to do good it has The VICE PRESIDENT. The Senator from Illinois asks not the power. Such are the agencies and localities of these dealings, :rnd they are unanimous consent that during the first three days of next week the sole agencies and places for transacting this Business. the senior Senator from Georgia [.i\Ir. BACON] be designated as President pro tempore. Is there objection? If we needed further proof that the New York Cotton Ex­ Mr. GALLINGER. Mr. President, I do not rise to object to change is a gambling transaction, we have but to quote a the request, but I wish to suggest to the Senate that on Tues­ decision of the Supreme Court of the United States in the case day next I shall ask that a vote be taken on the matter of elect­ of Irwin v. Miller (110 U. S., 490, 507, 508), where that court ing a President pro tempore in proper form. of last re ort-the Supreme Court of the United St!ltes­ The VICE PRESIDENT. Is there objection to the request sanctioned the charge of the trial judge to the jury, which was of the Senator from Illinois [Mr. CULLOM]? The Chair bears ns follows: · none, and. the order requested is entered. If, however, at the time of entering into a contract for a sale of personal property for future dtlivery it be contemplated by both parties SPECULATIONS IN PRODUCTS OF THE SOIL. that at the time fixed for delivery the purchaser shall merely receive Mr. DAYIS. Mr. President, I ask that Senate bill 4104 be or pay the difference b.etween the contract and the market price the transaction is a wager and nothing more. It makes no difference that laid before the Senate. a. bet or wager is made to assume the form of a contract. Gambling The VICE PRESIDENT. The Ohair lays before the Senate is none the less such because it is carried on in the form or guise of temporarily a bill, the title of which will be read. legitimate trade. The SECRETARY. A bill (S. 4104) to prohibit any person or Mr. President, it seems that a decision of the Supreme Court corporation, for themselves or for or in the interest of any other of the United States on this question should be sufficient to person or corporation, directly or indirectly, from delivering, re­ show that the.New York Cotton Exchange is a gambling trans­ cehing, or transmitting, und from being interested in, or aiding action, and I want to see them driven out of the Goyernment in any manner, the receiving, delivering, or transmitting by mail, just as Arkansas drorn them out of our State. telegraph, telephone, or other means whatever, in any State, Mr. Scott, of Kansas, chairman of the Agricultural Commit­ di trict, country, Territory, or place oyer which the sovereignty tee of the House, introduced in the House practically the bill of the United States of America now exists, any message, jn­ now under consideration, which passed a Republican Congress formation, intelligence, letter, writing, card, device, sign, sym­ and came to the Senate and died here. bol, cipher, or other thing whatsoeYer, the subject of the senses, I hope, l\Ir. President, to see this bill or the Scott bill pass or any of them, whereby intelligence 9r information may be at this session of Congress. I do not care who gets the credit conveyed or understood, relating to or in any manner or form for this legislation, so the people may get the relief. I am concerning any transaction or proposed or suggested transac­ only interested that the farmers of the South and West may tion, scheme, or plan to speculate or gamble, or gain or lose get relief from these gamblers who control the price of their sums of money called margins, which gains or losses, respec­ products. I want to see the gamblers of New York driven out tively, are made to depend upon the future increase or decrease of the stock exchange with the "cat-o-nine-tails "-the law­ of the market price of any product of the soil, provided that at just as Christ droye the money changers out of the temple. the time of such transaction, proposed transaction, scheme, or This crowd of gamblers is an absolute oligarchy of wealth, plan for so speculating or gambling any such prodqct .of the as shown by the report of the committee of the Senate, of which soil be the subject of interstate commerce or the subJect of Sena tor George was chaii:man : commerce from or by and between the pepple of the United They are, in fact, an oligarchy of wealth, self-created and self­ States of Amerfoa and the people of any foreign country. perpetuated, which hold in subjection to their will the interests of the 1\Ir. DAVIS. .Mr. President, it is with some diffidence that people of at least 10 States in the Union. In all these they assume and exercise a power ot regulating inter­ I ask the attention of the Senate for a few brief moments to state and foreign commerce in cotton which is vested by the Constitu­ discuss the merits of this bill, but its importance, sir, shall be tion in Congress alone. my excuse. It is lernled against one of the greatest evils in This is strong language, :Mr. President, deliberately expressed the Go-\ernment, namely, _the gambling in cotton. wheat, and after careful study and investigation, based upon the testimony corn, the products of the soil. that these gamblers form an oligarchy of wealth, self-created i\lr. President, I haye kept this bill constantly before Con­ and self-perpetuated, which holds in subjection to their will gress since I ha 1,e had the honor to be a l\Iember of this !Jody. the interests of the people of at least 10 States of this Union. The New York Cotton Exchange is a gambling institution pure I say to you, sir, a fact which is well known in every cotton ancl simple. Ninety per cent of its dealings are gambling trans­ State in this Union-in every village, in eyery hamlet, in every actions. They sold last season 121,000,000 bales of cotton town-that cotton, corn, and wheat-these great staples, these against a 13,000,000-bale crop raised in the South. It was great commodities-can not be moved, can not be sold, except ne\'er intended or thought by tllese gamblers and speculators at the will and bidding of this oligarchy of wealth built up by that a l>ale of cotton, bought or sold, should be delivered. these gamblers-wealth wrung from the very heart s blood of They never grew a stalk of cotton, neYer gathered a boll of the people of the South and West. The smallest farmer, when cotton· they don't really know what cotton is. This 121,000.000 he carries his cotton to town-three or four bales, perhap , the bales ~nly existed in their fevered and gambling imaginations, fruits of the toil of himself and wife and children-is met by but they are to-day controlling the cotton and grain markets the cotton buyer, who says to him : • of the world, just a little crowd of gamblers, and I ask that I can not make you a price upon this, the product of your labor, thls bill be passed tn suppress them. upon this great commodity which you are pt·oducing, until 1 consult .Mr. President, it ls useless to quote precedent or authority the exchange--until I receive a wire telling me the price fixed upon for the GoYernment's rigllt to control these gambling transac­ your labor. tions. If it were necessary to quote authority, I have but to Fixed by this great oligarchy of wealth, by this great gam­ cite the report of the committee selected by the Senate to eK­ bling institution, which is fast sapping the lifeblood of our arnine into this question, of which Senator George, of Missis­ people. sippi, lhat able jurist~ was chairman. Mr. President, the great law of supply and demand that In the first place, let it be noted that only in ancl through and under should regulate the price of all commodities has been wiped tbe regulations of the two cotton exchanges in New York and New out, has been destroyed by this great combination of gamblers, Orleans can this business be transacted. The cotton exchange in New York is a corporation under the laws of that State. It is composed of this oligarchy of wealth that holds in subjection to their will less than 500 members, and the number can not be increased beyond the people of 10 so1ereign States of this Republic. 1912. OONGRESSION AL RECORD-SEN ATE. 847

Now, M:r. President, if these future dealings are gambling, Not only are the farmers and laborers of the Government, Mr. and if they in fact fix the price of the commodity, not by any President, robbed by the cotton speculators and gamblers, but ln.w of supply and demand, but by the ln.w of the manipulator, they are robbed by the taxgatherer, both National and State shall it be contended that this system shall longer continue? as-well. Taxes have grown so high and become so burdensome If we can not reach it by a direct law making it a crime to that to-day one of the most serious questions that confronts our

sell cotton and other futures1 then I ask you, sir, let us reach people is their payment. In my own State, sir, with my people it bv this indirect method, by cutting off communication be­ already taxed beyond their endurance and ability to pay, an tween the buyer and seller, as this bill provides, by rendering e:ff ort is being made by special legislation to double this burden; the gambler helpless and impotent, by allowing his wicked and but of this I do not care to speak and shall content myself with unlawful business to die aborning. dealing with that form of indirect taxation which is more in­ The faTmer. l\fr. President, whether he grows corn or cottonr sidious and injurious, because it is laid upon every necessity of is the great wealth-producing class of this Government; is that life, upon everything that we eat and wear, upon every article class upon which the Government itself depends for suste­ of daily necessity-a tax which, though not paid directly as are n..wce. They have pleaded in vain heretofore with the Congress ou1· State and county taxes, is paid just as surely, just a.s cer­ of the United States to protect their rights, to destroy this great tainly, and in most instances with an object and purpose more evtt, to allow the great law of supply and demand to regulate unworthy and with far less justification and excuse. tile price of their produds, and take it out of the hands of tile It is not my purpose in this brief address to discuss at any manipulators and speculators. Can it be said that this demand length the taxing, power of the Government. Everyone knows is unreasonable? Can it be said that the interests of our agri­ what the tariff means; that it is a tax, and the higher the tariff cultural people .QlUSt longer be neglected, that their rights the higher the tax. Everyone knows that the idea of the must be controlled by a crowd of money sharks and money fathers was to support the Government by means of indirect grabbers, who have grown immensely, rich at the expense of taxation laid upon foreign articles brought to this country for labor? Shall we, the servan,ts of the people, chosen to Jo sale; . that their idea was to make this indirect tax low, so their bidding, chosen to do their will, longer neglect their in­ that large importations might be had and that the Government terests longer refuse to heed their just demands? by this means might to a great extent be supported; but the Coming as I do from the cotton section, representing a con­ money grabbers of the East, this same crowd of vampires and stituenc-y as brave, as truer and as loyal as live- in the Govern­ Shylocks, taking advantage of this system of indirect taxation, ment to-day, I am commissioned by them to plead with this hon­ seeing an opportunity to rob our people by subordinating the orable body and with the Congress to lift from them this iron idea of the fathers to their wicked and selfish purposes} ha"Ye band of oppression, to give to them the right to sell their prevailed upon the Congress to raise the taxes so high upon products, the fruit of their labor and toil, in the open markets imported articles as to almost exclude them from our market of the world, free from the blighting, withering effect of the and give to them, the tariff barons of the East, the right to raise gamblers and speculators. Shall the people lose respect for the price of the commodities which they produce to the extent the Go\ernment? Shall they lose confinence in their public of the added tax beyond that which is reasonable and just. officials? Shall they longer be led to believe that this Govern­ It is no longer contended that this system of bigh tax is for ment is not for the protection of the weak and the humble, but revenue only, but it is openly and boldly asserted by the leaders to further enrich the favored few, who are admittedly engaged of the Republican Party to-day that this system of high taxa­ in an unlawful transaction, in an unlawful business, by means oi tion is for the protection of the already fabulously rich, that which the formers of the South and West are being constantly their coffers may be filled to fUI'ther overflowing. and systematically robbed. There is to-day a growing senti­ It is understood by all of us, Mr. President, that the Govern­ ment among the people of this land that this Government has ment derives no revenue by this system of taxation from arti­ ceased to be democratic in its form, has ceased to carry out cles manufactured in this country; its revenue only comes the idea of the fathers in its establishment, but has become from the importation of foreign articles to be sold here; that a tool of the oppressor, the willing agent of the money kings when the tax is made so high as to shut out foreign competi­ and money grabbers. And if we should disabuse their minds of tion it gives a monopoly to the money kings of the East and this belief and restore peace and harmony in their ranks, then perpetrates a great wrong on the .American consumer, the thi~ legislation, driving out this great evil, must receive at the American laborer, and the American wage earner. hands of Congress favorable consideration. By means of this system, sir, the cost of living has gone so l\lr. President, it is no fulsome flattery for me to say that the high that to-day gaunt hunger and poverty stalk hand in hand agriculturist, that the farmer, is the most important factor in in the very shadow of the Capitol itse-lf, the bread line almost this great Government of ours; that he is the great basic rock reaching the door of the Senate Chamber, and the cries of the upon which this great superstructure rests; that upon his shoul­ weak and oppressed are heard throughout the land. But what ders rest the burdens of the Government. Ah, Mr. President, care these tariff barons; what care these money grabbers? we can do without the merchant; we can li\e without the They are growing more rich as well as more desperate, and they doctor; we can li"rn without the banker ; we can live without fiddle and frolic while Rome burns. the railroad magnate; we can live without the bondholder, who In the platform of the Republican Party adopted in Chicago :cJips at stated periods his coupons; we can get along without in 1908 the American people were promised a revision of the the Senate of the United States or the President of the United tariff. By that we all understood that by revision they meant States; but, sir, this Government can not last for the twinkling to lower the tax; but lo and behold, when the time came for ac­ of an eye without the mnn who toils, who labors, and who tion, when the fight was had upon the floor of the House and the sweats. This Government can not exist for one minute without Senate on the Payne-Aldrich bill, we were met with the amazing tile man who feeds and clothes the toiling millions of the earth; spectacle of Senators upon this floor saying that revision did not it can not exist, Mr. President, without the farmer. Upon his mean to lower, but rather to raise, the taxes; and on foodstuffs, efforts, upon his exertions, upon his daily toil, we all depend, cheap clothing, blankets, and articles of e-veryday necessity the not only for the sustenance of life, for the very clothes we wear, tax was made so high as to give to this little crowd of money for the food we eat, but the luxuries that surround us to-day, sharks an absolute control of the market, so they might fix because from his labors and from his alone spring all the bless­ the price not only of the clothes worn by the laboring man, but ings of life. Shall it be said, sir, that the Congress of the the price of the s_cant food that went upon his table. Sir, a United States, the servants of the people, shall sit here in stolid tax of $5 a hundred was placed upon cured meats, hams, and silence and close their eyes to this great evil, refusing to enact bacon. A tax of $6 a hundred was placed on lard. With what a law that will give to tilis great wealth-producing class their purpose? Ah, .l\Ir. President it was thought by this sop thrown just r:ights under this Government, that will tear down this out to the American- people that the farmer, the laboring man, oligarchy of wealth built up by these gamblers and restore to might be deceived, might be lead to believe that thi. tax was the people the great law of supply and demand to regulate the placed thus high td enable him to reap some of the benefits of sale of their products. the fruits of protection; but, sir, when this item is carefully I urge Congress to~day to enact this law that will take the analyzed and considered it will be seen that the efforts of the white women and white children of the South out of the cotton Republican Party, who framed and passed this bill, was not to fields, that will give to the producers of this great commodity protect the laboring man and the farmer, but to further protect a fair return for their husbandry and their toil, that will build the already rich ; to wring more Mood from the hearts of the ) up schoolhouses and churches in the waste places of our land, American toiler. :r\inety per cent of the American people to-day that will make better citizenship, that will give better oppor­ do not produce the articles upon which this tax was laid; they tunities for education and de"velopment, that will make the consume them. .And I charge it was placed in the Payne-Aldrich Southland, the fairest spot on God's green footstool, bloom and bill for the sole pmpose of giving to Cudahy, Swift, Armour, and blossom like the rose, and will re-turn to honest husbandmen a the great meat packers of the country an absolute corner, an fair compensation for their industry. and toil. absolute monopoly, upon the foodstuffs of the land, and enable 848 CONGRESSION_A_L RECORD-SENATE. JANUARY 11,

them to place a price upon the breakfast of the American l::tborer. It will thus be seen that 51 persons in the United States, with a population of nearly 90,000,000 people, own approximately one thit"ty­ They have sent their emissaries throughout the country and fifth of the entire wealth of the United States. Tho Statistical Ab­ bought up largely all the meat stuffs, whether ready for the stract of the United States, twenty-ninth number, 1906, prepared oncler ·market or not, and have it to-day in their fattening pens, the direction of the Secretary of Commerce and Labor of the United States, gives the estimated true value of all property in the United slaughter pens, and pucking houses, and with this tax of five States for that year at $107,104,211,917. and six dollars a hundred laid against the Canadian and Mexi­ Each of the favored 51 owns a wealth of somewhat more than can farmer who might sell us cheaper foodstuffs they are per­ $64,600,000, while each of the i·emaining 89,999,950 people get $1,100. No one of these 51 owns less than $20,000,000, and no one on the mitted to sit back in ease and luxury and say to the American average owns less than $64,600,000. Men owning from $1,000 000 to consumer: " Pay 35 cents a pound for breakfast bacon or go $20,000,000 are no longer called rich men. There are approximately1 25 4,000 millionaires in the United States, but the aggregate of tlleir hold­ hungry; pay cents a pound for inferior beef or let your ings is difficult to obtain. If all their holdings be deducted from the childsen starre. Pay our prices. We are the kings and total true value of all the property in the United States, the average monarchs of this situation." share of each of the other 89,995,000 people would lJe less than $500. Sir, when a Government by means of its strong arm, tlle This table also shows that there are 4,000 other millionaires, taxing power, makes it impossible for a man to _support himself whose holdings added to the amouut owned by the 51 men and family by gh'ing to the already rich the power to fix the shows the alarming condition of the Government to-day and price of what we eat and wear, then that Government, sir, is that is that 4,051 men own 87-! per cent of the entire wealth in u:rnger indeed. For, I say to you, Mr. President, that a of the Nation, and that the average American citizen of the hungry man with a hungry family is a dangerous piece of ma­ 89,000,000 owns less than $500 of property \aluation. If this chinery, and unless the Congress of the United States gives table furnished by the Government statistics be true, and these heed to tlle present alarming conditions that exist· among the conditions really pre\ail, I ask the Congress of the United poor people of this country, there is that danger ahead which States and the country if the crisis foreseen by .Mr. Lincoln is Mr. Lincoln foresaw when, in the agony of his soul, with the no.t upon us? eye of prophecy, he exclaimed: Can it be contended, M:r. President, that John D. Rockefeller, I sec a crisis approaching that unnerves me. I see the day coming when the entire wealth of the Nation shall be concentrated in the who heads this list of 51 men, has made his $600,000,000 hon­ hands of the very few, and when that day shall come I tremble for estly? Can it be contended that either of the other 51 men the Republic itself. with their vast fortunes have made their money honestly? I These, sir, may not be the exact words of Mr. Lincoln, but say no. They have made it because of advantage given them thev are their h·ue purport and meaning. And how true is this by law and law alone. They have made it by means of tariff prophecy? That day has already arri\ed. That crisis is robbery, by means of cotton gambling, sanctioned by law. already upon us. By means of the cotton gambler and specu­ They have made it by a thousand and one other legal advan­ lator robbing the farmers of the South and West, and the tariff tages that they ba-ve enjoyed as against the poor man, as barons robbing the entire country, and permitted to do so by against the real wealth producers of the Nation. They hrrrn law, ~ and law alone, the entire wen.1th of the Nation has been been the favored pets of the Government. They have enjoyed concentrated into the hands of the very few, and Mr. Lincoln's the fruits of legislation, while the toilers of the earth have prophecy has been terribly and woefully fulfilled. produced the grist that has kept the public mill going. That I present the following table, Mr. President, taken from offi­ this condition can longer exist and the Republic stand seems to cial sources, showing the total wealth of the United States to me to be impossible. The people are waking up all over the be, in round numbers, $107,000.000,000, and that 51 men of the land. They are awakening to the fact that they are- being Government own one thirty-fifth of this entire wealth. This robbed of the fruits of their toil and labor by these tariff table gives their names and the amount of their holdings, which barons and money kings who have grown fat at the public I ask to be printed as a part of my remarks. coffers. List frnm .Munsey's Scrap Bool; of June, 1906, presenting the property Take a man, if you please, who works upon the railroad as owned by 51 of the very richest persons of the United States. a section hand at a dollar ancl a quarter a day; a motorman Rank. Nnme. How made. Total fortune. upon the street cars of this city, who gets, perhaps, two dollars and a half per day, with a family to support, doctor bills to 1 John D. Rockefeller ______OiL------$000,000,000 pay, house rent, clothes to buy, and other actual necessities, 2 Andrew Carnegie ______SteeL------3 W.W. Astor ______Real estate______~~:~~:~g with the cost of living gone sky-high; I can not imagine how 4 J. Pierpont Morgan ______Finance______1uo,ooo,ooo he makes tongue nn.d buckle meet, and yet be is asked to lo\e 5 William Hockcfeller ______OiL------1 6 H. II. Rogers------_____ do ______00.000,000 the GoYernment and support it in times of war and times of 7 W. K. Vanderbilt.. ______Raih'oads.------· i~:l::l: peace. Take the farmer, who is robbed of the fruits of his 8 Senator Olark.______Copper______100,000,000 labor by this crowd of contemptible gamblers in Wall Street, 9 John Jacob Astor ______Real estate______100,000,000 New York, and prices fixed upon it by that oligarchy of wealth ~ ii~a~~~~==::::::::=::::::::::: ~~D~~-cokL:::::: ~::::: described by Senator George, with prices fluctuating at the 12 D. 0.1ilills ....•...•.... ------Banker______75,ooo,ooo base will of these gamblers and speculators, and to-day going 13 Marshall Field, jr______Inherited______5 14 Henry M. Flagler ______QiL ______1 ,000,000 down at each turn of the wheel of fortune, and the price of Ui J. J. Hill------·------Railroads ______~:::~~ what he buys to support himself and children taxed by thP. rn John D. Archbold ______Oil.. ______50,ooo,ooo tariff barons of the East going up, I can scarcely see how he 17 Oliver Payne_. ______-----Clo------50,000,000 can meet tlle ordinary expenses of living. 50,000,000 50,ooo,ooo These terrible conditions, l\fr. President, are becoming more ~g20 ii~~:~~1~~-=::::::::::::::::::::James Henry Smitb ______. ______~~~ritecC::::::::::: do ______40,ooo,ooo known and felt each day by the great toiling masses of this 21 Henry PWPPS------SteeL------4 22 Alfred G. VanderbilL------Railroads______40,000,000o,ooo,ooo Kation, and how long they will stand it the future alone must 23 H. 0. Havemeyer______Sugar______40,000.ooo answer. I realize that there is a crowd of smalJ-bored poli- 24 Mrs. Hetty Green______Finance______40,000,000 ticians and timeservers throughout the land-they live in each ~g ~~0.mJ ~a~!;;~:::::::::::::::: -i;b~~t~a=::::::::::: ~~:::: State of the Union; some li\e in my State-that contend tllnt 27 George Gould------Railroads.. ______35,000,000 these public evils. that these flrrnritisms slJoT'i'll to one class of 30,000,000 onr people us against the oth€r by the Go\ernment, should not ~g ~.. ~·~~r;;,~~~~~::::::::::::::::: rnt~~itea.::::::::::::: 30 000 000 30 Robert W. Goelet------·---- Real estate______30 •,000,000• be disclosed, should not be la.id bare, and condemn the mau 30,000,000 who does it, saying he is a demagogue, that be is a socialist ~~ ~·l~;s FJ~~~f,e1s.:::::::::::::::::: ~:gaa~~-==:::::::::::: so,000,000 and an an::tl'cllist. This little crowd of timeser\ers, looking to 33 w. F. H::iveme:rer ______ao ______3 34 Jacob H. Schiff ______Ilanker______25,000,000o,ooo,ooo their own selfish promotion and selfish ends, advocate large 35 P.A. B . Widem:r______Street cars ______25,ooo,ooo appropriations by the Government, extravagant cxpenditnres 36 George F. Baker______Banker ______25,000,ooo for what they nre Jlleased to term great public improvements. w.ooJ.ooo seeming not to stop and think that the Government bas no ~~:::: source of revenue saYe by taxation, su ve as it gets its money 3940~ Jobn~~~tNorman W ~~:~~======. B.G:iteS-----·----'- Ream ______====~===·------______il~~:~~~------~----Finance------__ ao ______20,000,000 from the hard earnings of its people. Little do they seem to 41 Joseph Pulitzer ______JoumalisIIL-----·---- 2 42 .Tames G. Bennett______.d0------20,000,000o.ooo.ooo" care that tlle people are already taxed to death, that the people 43 .Tohn G Moore ______Finance______20,000,000 are already groaning under the burdens of government, but 44 D. 20.000.000 45 FrederickG. Reid------Pabst ______·------DrewerSteeL-~------______tlley would measure the usefulne s of n. public serrnnt to his 4G William D. Sloane-----·------Inherited______~8:~:ggg corn:n:itueucy by the number of post offices that may be built 47 William D. Leed~------·------Railroads ______20,000.000 by public appropriations in his State and di trict. by amounts 48 J amcs P. Duke____ .. ------'l'obacco ______20.000,000 of public money that he may bring back-a bit of the" swa~ "­ 49 Anthony N. 13rndY------Finance ______50 Ge:>rge W. Vanderbilt ______Railroads------~·:·~ and throw it as a sop to his constituents to quiet them into 61 Fred W. Vanderbilt-______·----do ______20:000:000 further submiss. ion to the wreck and ruin that is being wrought. I take it, Mr. President, that when a 'public serrnnt's useful- TotaL ______---- _____ ·--· ------3.295.ooo.ooo • ness to his constituents is to be measured by this low, grovel- ~~~-~~~~~~~~~~---''--~~~~~~~~~~~~ 1912. OONGRESSION AL RECORD-SEN ATE. 849' ing standard the public service has indeed become degraded, ment represents the spirit of the kings to-day, believing that and the public servant who thus thinks is the tool of the tar.iff one crowd is born to rule, is born to ride the other crowd, barons of the East, who believe in an extravagant government, booted and spurred, is born to be their masters, and would who belie·rn in large appropriations, who believe in high taxa­ to-day welcome a monarchy and destroy the Republic? This is tion, that they may be permitted by this insidious method of the the crowd that believes in large appropriations. This is the tariff to further rob the taxpayers of the land. crowd that believes in extravagant expenditures. This is the Sir, before I will bow down to these tariff barons, to these crowd that pats the public servant on tbe back and says, "Well money kings, and ask them for a small pittance of the extrava­ done, thou good and faithful servant," when he brings back to his gance that is being daily perpetrated by our National Congress State a part of the "swag" and a part of the "loot," and fur­ to carry back to my people as an evidence of my efficiency to ther authorizes the continuation of the present form of extrava­ them I will resign my seat in the Senate, bow my head in gance that exists in the administration of our public affairs. shame, go back to my little law practice, and try to live an Mr. President, before I will do it, before I will yield my will­ 110nest and upright life and fight out in the ranks of the ing assent to a further continuation of the high taxation already democracy of the Nation the great battle that has been pitchell imposed upon our people, I will surrender my commission back against plutocracy and extravagance in high places. to my State as unsullied and untarnished as when it was given I think, sir, that the measure of usefulness of a public serv­ me by the bravest, truest, and most loyal constituency that lives ant to his people should be measured upon a higher and upon earth to-day. The public servant that will fawn at the broader pla n e, ~ by the things he stands for, by the votes he feet of plutocracy, that will sit at the feet of the tariff barons cast , by his honesty and fidelity to his constituents, rather than of the land and accept the few crumbs that may fall from their by the amount of money that he may be able to carry. back to polluted hands, is by them counted the best public servant, be­ them from the extravagant appropriations annually made by cause they place money above man; they place gold above God; the Government. they place their own selfish ends and purposes above the life . I believe, sir, that the best government is that government of the Republic itself. Mr. President, if my usefulness as a pub­ which is honest and simple in all of its details, that is economi­ lic servant is to be measured by this low estimate, this false cal in all of its expenditures, that is democratic in all of its standard, then my service has b2en a failure indeed. dealings, that is strictly a government of the people, for the It is worth much, l\fr. President, in this day of money get­ people, and by tlle people-a government such as our fathers ting and money grabbing to have a public servant who always intem1ed this should be, where every man, whether high or low, votes right. and by tllis standard I would prefer that my useful­ rich or poor, should have an equal chance, an equal opportu­ ness to my people be measured, and am willing that each vote nity in the great race of life, and should stand equally before that I have cast since I haye been a l\fember of this honorable t.lle Jaw, and be permitted without let or hindrance to fight body sha11 be measured by the Democrati~ straightedge, shall with his own brain and brawn and muscle the great problems of be squared by the Democratic square and compass-the Denyer life and accomplish as best he may their ultimate achievement. platform-and if I have cast one Yote against that written dec­ That government, sir, is the best government which takes no laration of Democratic principles, if I have cast one vote against more money from the people by taxation than is absolutely the interests of my people, I am willing to surrender my seat necessary for its honest, economical, and faithful management; and retire from public service. that cuts off all of this tinsel and glitter and halo of grandeur; I say this, Mr. President, in no spirit of vain boasting, but as and that leaves the money of the people where it justly be­ an answer to the prevailing sentiment to-day, tbat the best serv­ lcngs-in the pockets of the people, the safest, most secure bank ant is he who gets most money for bis constituents in the way on earth. Instead of large appropriations, I believe in small, of public appropriations, in the way of extravagant expendi­ economical appropriations. Instead of large and c:xt:·::rrngant tures. expenditures of public money, I belieye in expending only such During the Payne-Aldrich tariff debate I had the honor to sums as are necessary to administer the GoYernment in its deliyer a speech on June 26, 1909, in which I presented to the plainest and simplest forms. Senate a table prepared by a committee of experts, showing the Why, sir, do you know that when we drove the British from amount of tax paid upon the necessities of life under the Ding­ our shores the spirit of the kings still remained; that crowd ley bill, also under the Payne-Aldrich bill as proposed, and I which dominates the Old World to-day, that bows down and desire to submit this table as a part of my remarks upon this fawns at the feet of royq.lty and wealth? Do you know that occasion, .that I may emphasize the point that the poor man of this crowd of money grabbers and money sharks that has the Government on what he eats and wears is being taxed and grown fat and rich at the expense of the people of tllis Govern- doubly taxed beyond endurance. Farr.urs' supplie3-A woximate tariff duties on $1,5£5 worth of articles under the present law a-nd the amount of du.ties u;ruler the proposed law.

Amount Amount Amount Retail of duty of duty Description of article and price. pur­ price. Rate of duty under present'law. under Rate of duty under proposed law, under chased. present proposed law. law.

Meat: 500 pounds bacon, at IO cents per pound ...... -. } $lOO { $50.00 5 cents P".i pound...... $25.00 5 cents per pound ...... _...... $25. 00 357 pounds ham, at 14 cents per pound...... · 00 50.00 ..... do...... 18. 75 .. _.. do...... 18. 75 Flour, 10 barrels, at $5 per barrel...... 50. 00 50.00 25 per cent...... 12. 50 25 per cent...... 12.50 Coffee, 250 pounds, at 10 cents per pound...... 25.00 25.00 Free..•...... ~ .... . 5 cents per pound... _...... _. . . . . 1 12. 50 Tea, 25 pounds, at 20 cents per pound...... 5. 00 5.00 ..... do...... 10 cents per pound...... 12.so Corn meal, 1,f;66 pounds, at 1; cents per pound..... 25.00 25.00 20 cents per bushel ( 4B pounds)...... 6. 94 40 cents per 100 pounds...... Eoda, 100 pounds saleratus, at 5 cents per pound.... 5. 00 5.00 i cent per pound ...... _. . 75 i cent per pound...... 62 Salt, 10 barrels, at $1 per barrel ... _...... 10. 00 10.00 12 cents per 100 pounds...... 3. 40 12 cents per 100 pounds...... __. . . . 3. 40 Lard, 416.8 pounds, at 12 cents per pound •...... _ 50. 00 50.00 2 cents per pound...... 8. 34 2 cents per pound...... 8. 34 Sugar, 1,000 pounds, at 5 cents per pound...... 50. 00 50.00 1.95 cents per pound...... 19.50 1. 9 cents per nound...... 19. oo Molasses, 25 gallons, at 40 cent-s per gallon...... 10. 00 10.00 6 cents per gallon...... 1.50 6 cents per gallon... _...... 1. 50 Cotton goods of all kinds for clothing: 3li yards fine unbleached cloth, at 40 cents per 12. 50 1~ cents plus 2 cents per yard...... 1.10 8 cents plus 2 cents per yard...... _ 3.14 yard. 200 yards sheeting, unbleached, at 22 cents per 44. 00 25 per cent ...... 8. 00 4~ cents per square yard ...... 12.12 yard, 2t yards witle. 100 yards cloth, bleached, at 10 cents per yard.. 1 . 10.00 2i cents per square yard._ ...... 2.50 3 cents per square yard.~ ...... 3.00 100 yards calico, dyed, at 13 cents per yard...... 00. OO 13.00 30 per cent ...... _ 3.90 8 cents per square yard ...... 8.00 50 yards cloth, gingham, at 15 cents per yard .. . 7.50 40 per cent ...... 3.00 ..... do ...... 4.00 W yards cloth, checks, r t 13 cents per yard ...... 6.50 30 per cent •...... 1.95 ..... do ...... 4.00 2 dozen pairs stockings, at SL 75 per dozen ...... 3.50 70 cents per dozen and 15 per cent .. . 1.93 70 cents per dozen and 15 per cent .. . 1.93 2 dozen pairs stockings, at $1.50 per dozen ...... 3.00 60 cents per dozen and 15 per cent .. . 1. 65 60 cents per dozen and 15 per cent .. . 1. 65 W col clothing: · 2 suits men's clothes, at $15 per suit..•...... l 30.00 44 cents per pound and 60 per cent •.. 13.60 44 cents per pound and 60 per cent .. . 13.6() Ci suits boys' clothes, at $6 per suit. -...... 200. 00 36.00 .....do ...... 16.00 .....do ...... 16.00 50 yards worsted, at 40 cents per yard ...... 20.00 11 cent8 per square yard and 55 per 12.10 11 cents per square yard und 55 per 12.10 cent. cent. 50 yards flannel, at 35 cents per yard .•...... 17.50 11 cents per square yard and 50 per 10.50 11 cents per square yard and 50 per 10.50 cent. cent. 100 yards dress goods, part wool, at 30 cent<3 per 30. 00 8 cent.s per yard and 50 per cent •.... 15.50 8 cenm per ya.rd and 50 per cent. .... 15.53 yard. l I 1 man's overcoat...... 200 00 16. 00 '} 3 boys' o yercoa~. ·· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 18. OO 44 cents per pound and 60 per cent. __ 32.00 44 cents per pound ar:.d GO per cent •.. 32.00 1 woman s cloak...... 16.50 _ 4 girls' jackets••••••••• _• __ • • • • • • • • • • • • • • • • . . • • . . 16. 00 J Taxed in section 2 under the maximum rates to go into effect after March 31, 1910. XLVIII--54 850 CONGRESSIONAL RECORD-SENATE. JANUARY 11,

Farmers' suppli~Approzimatetariff duti.es on $1,625 worth of. articles under the- present law and the amount of duties uni!er the pr~~ law-Continued.

Amonnt Amount Amount Retail of duty of duty D~scription of article and price. pur­ price. Rate of duty under present law. under Rate of duty under proposed law. under chased. present proposed law. law.

Hats and caps, men's and boys' hats, ladies' and girls': 2 men's wool hats ••••••...•••••.•••••.•••...••. } 3 boys' wool ha.ts ••...•...... •..•...... •...... $3.003. 00 l44 cents per pound and 60 per cent.. $4. 76 o cents per pound and GO per rent .. Sl. 76 3b~:ft wool caps •..•..•...... ~ ...... 2 la ies' hats, trimmed ...... •...... •...... 8 girls' hats, trimmed...... •...... 1l ~ 50 per cent .•... ~ ...... 4. 37 50 per cent ...... •...... 4.37 Blankets and bed linen: 1 pair wool blankets, extra length •.. : ••..••.... } 4. 00 33 cents per pound and 50 per cent .. 2. 47 33 cents per poand and 50 per cent .. 2.47 3 pairs wool blanket .....•...... •.... 6. 00 22 cents per pound and 30 per cent .. 2. 68 22 cents per pound and 30 per cent •• 2.68 1 pair single blankets ...... 1.50 ..... do ...... fS'l •• ••• do ...••...... •...... 67 rn J!U'ds unbleached sheeting, at 17 cents per 8.50 2! cents per square yard ...... 2. 50 3 cents per square yard ...... •...... 3.00 y d. :Mattresses, cotton ticking, filled with vegetable substances: 4 doubl ID!lttrooses •.••.•.....•.•....••....•.... } 2.1.00 { 20.00 45 percent ...... · ...... 6.30 . 1 sin~le mattress.... _ ...... -- ...... •...... 3.00 ....• do ...... •.....•...... •. ..•.... 6: ~ .~~.IA~~~~::::::::::::: . ::::::::::::: .90 China, dishes, etc.: 15..00 60percent'" ...... _.. . 6. 00 60 per cent .•...... ·-...... 6.00 ~~~~~~'. ~~~-~~1-~z:e:c: ~-~~~::: :: :: ::~:::} 25.00 6.00 55percent ...... 2. 20 55 per cent .•...... 2.20 Earthenware, yellow and brown•.....••...... { 4. 00 25 per cent .•..••...••• ·- •.• .'...... 50 25perccnt ...... •...... •.. .50 Furniture ...... •.•...... 100. 00 100. 00 35 per cent...... 21. 00 35 per cent ...... •.... 21.00 Stoves and cutlery: 1 kitchen stove ...... ) 9.00 1 beating stove .. _.•. •...•...... Knives and forks, spoons-Carving knife, 60.00 { ~: ~ • ~ -~~o ~~~ :: : : : : :: : : : : : : : : : : : : : : : : : : ii :~ .~~ -~d~~~::::: :~::::::::::::::::::: 5.40 butcher knives, etp. 5.00 .. - .do .••.••...... •...... 1.35 ....• do ...... 1.35 Carpet, 30 yards, 2-ply ingrain ...... •...•.•...... 15.00 15. 00 18 cents per square yard and 40 per 7. 20 18 cents per square yard and 40 per 7.20 cent. cent. Picture frames, etc.: Wooden picture frames ...•...... •...... •. ... } 1. 40 35 per rent ...... 1. 40 Glass_for same ....•...... 10.00 { ~:~ ~~~~~t::::::::::::: .... :::::::: . 15 75 per cent ...... • 75 Looking-glass ••••• .•...... -· ..•.....•...•..... 2. 00 10 cents per square foot and 5() P£l . 55 12.1 cents per square foot and 50 per l, 76 cent. cent. Musical instruments: l 8. 00 45 per cent ....•...• '" ...•...... •. 18.00 ~r!file·.-.-.-.-.-.-::::::::::::::::::::::::::::::::::: t 75.00 { ra:~ -~~~~::::::::::::::::::::::::::: 4.50 ..... do ....••.....••...... ••••..•••. 4.50 Family Bible ...... "'..... 5.00 5.00 25percent •..•..•.....•...... 75 25 per cent ...... •...... 75 Boots and shoes for family. • • • ...... • . . . . • ...... 50. 00 50. 00 ..... do ...... 8. 75 15 per cent ...... 5.25 Farm machinery: 1 harrow ...... 2fi. 00 1 self-binder ...... •...... •.....•.. 130.00 1 cultivator...... 20.00 1 mower ...... •...... · · · · 310. oo 40.00 20percent •...... GO.SO ....• do .... ········••v.-••·········· 45.60 1 stubble plow...•...... 14.00 1 horserake ...... 30.00 1 drill ...... ••..... 50.00 Farm and garden tools •••..•..••.•••••..•.....• 6.00 45percent ...... 1. 80 45 per cent ...... 1.80 Vehicles.: 1b':ifk~:i-SeataC!·.": ::::::::::: :::: :::::::::::::::} 135.oo { ~g'.gg }as penent ...... 41.25 35porcent .•...... 41. 25 Ilarn3Ss: 1 wagonharness ...... } { 17.00 l ~- t 1 light harness...... 42 . 00 25. 00 r"> par cen ...... 18. 00 ..... do.. ••• ·••·••••· ....••..•.•.•..•. 14. 70 Total...... •••.. 1,525.001== ...... 455. 76 ...... · ········· ...•..•...•. 450.67

i Taxed on glass, that being component of most value.

NoTE.-The value of the cotton and woolen ~oods if appraised for duty is estimated . . In the above table the amount of duty ar tariff tax is appraised upon the value of the articles, if imported. The average import prices are about 60 per cent of retail pnc~he rates of duty, etc., in the above table arc given in the Estimated Revenues, and comparison of the present and proposed laws published by the Committee on Finance, United States Senate, April 12, 1909. This table, l\fr. President, was prepared by· Government Then, l\!r. President, I say, without fear of successful con- officials, by Government employees, and must be accepted to be ·tradiction, that the taxing power of the Goyernment is one of accurate and correct. It shows that on the necessities of the greatest questions before tile American people to-day. and life, when $1,525 worth are purchased, that the consumer pays upon this issue, in my judgment, will be fought the great battle a tax of $450.67, and that these articles thus purchased are not of 1912. The two old parties are to-day marshaling their foreign articles, but are manufactured in America; then the tax forces; they are prepar:ing their munitions of war; the leaders does not go to the Government, but to the favored few, th~ are gathering in the various council chambers to take coun el tariff barons and the money kings of the East. The poor mau before this great battle shall begin. It is my deliberate judg­ to-day never buys a foreign-made article; only the extremely rich ment that this great fight will be won or lost upon this great are able to do so. Therefore, under this system of taxation, question-the taxing power of the Government The Repnb· when a domestic article is bought, such as shown in this table, Hean Party of this Nation have been in charge of the GoYern­ the poor man pays the tax to the crowd of money kings of the ment practically since the Civil War and are entirely responsi­ East, who have become plutocrats under this nefarious system ble for the unjust discriminations that exist to-day between of taxation. labor and capital, are responsible to-day for the burdens that This system of taxation by means of the tariff, Mr. Presi­ weigh down upon the shoulders of the·American toiler nnd pro­ dent, has not only robbed the American consumer upon each ducerl are responsible for the high taxes that are being paid by article of consumption that he may buy, but it has enabled the the Amer-icc'ln consumer; and, sir, I warn you to-day that this other fellows to become so immensely rich that it bas made party can not longer fool the American people. They Im ve possible the organization of trusts, combinations, and monopo­ broken every promise that they have made; they have been false lies that are squeezing out their smaller competitors, that are to every trust; they have been untrue to every pledge; and if the enabling these great combines to control the commerce of the great voting masses of this Government are afforded the oppor­ Go\ernment, that is fast concentrating the business of the tunity of a fair and free expression at the ballot box the places country into the hands of the favored few in all the great that know you now will know you no more forever. Democracy lines of trad'e. That the taritr and its vices are responsible triumphant and victorious will again assume the reins of Gov- for these combinations of wealtll, these destroyers of trade and ernment and give to the American people that honest, economi­ commerce, no one who cares to be frank with the country can cal, and just administration of public affairs for which they for a moment deny. have so long waited and to which they are so ju tly entitled. 1912. CONGRESS,ION AL RECORD-SEN ATE. 85f

This, l\fr. President, in my judgment, is to be a year of Demo­ any period not less than 5 nor more than 15 years for each separate offense. cratic success, of Democratic victory. It makes no particular SEC. 6. That any corporation violating any of the provisions ot difference who my party may nominate as its standard bearer section 1 of this act shall, for each unlawful act, forfeit and pay to so long as he is an honest, true, and upright man; the toiling the United States of America not less than $10,000 nor more than $100,000, to be recovered at the suit of the said United States, one-half masses of this Nation will rally to his standard. The con­ of which shall be adjudged to and allowed to any person who may serrntive Republicans will lend him aid and support to sweep give information which may lead to judgment against the offending from power the high priests of plutocracy, the old standpat corporation. And in the event any person may give in writing such information to the Attorney General, supported by affidavit, accom­ high protectionists that to-day control the destinies of this panied by the certificate of any clerk of a court of record of any Nation. State, district, or Territory of the said United States, or of any clerk of any United States court, that such affiant ls personally known to .Mr. President, I long to see that day arrive. I long to sec such clerk to be a person of probity and veracity, and thereafter if the day, sir, when the people of this Government shall come the said Attorney General shaIJ, for 90 days, fail, neglect, or refuse into their O'\"\""n, when the Senate of the United States shall heed to cause proper suit to be instituted against the corporation so alleged to have offended against the provision of this act, such informant or tbe 1"0icc of the people, honestly, soberly, and deliberately ex­ affiant may petition the President of the United States, stating the pressed, when the people of this Gov.ernment may have some fact under oath, and thereupon the President, if deemed necessary, voice in its management and control, when the people of this may appoint a special attorney whose duty it shall be at once to institute such action and prosecute it with all reasonable diligence to Government may ha-ve restored to them that form of govern­ final judgment. ment intended to be "Vouchsafed to them by the fathers, a plain, SEc. 7. '.fhat all laws and parts of laws in conflict with this act be, Simple, honest Government, run in the interest, not of one class and the same are hereby, repealed and that this act take effect from of our citizenship alone, but in the interest of the great ma­ and after its passage. jority, having for its motto, "The greatest good to the greatest INSURANCE LAWS OF THE DISTRICT OF COLUMBL

The PRESIDING OFFICER. Is there objection? The Chair amended the resolution, leaving the control in the hands of Co11gress. This question bas been debated by the conferees since the extra sessfon, hears none, and the order will be entered. The Senator from and after many meetings representatives on each side have been unable Massachusetts moves--- to o.ffer can.cessions which would be acceptable. Mr. HEYBURN. One moment, Mr. President. I should like Mr. President, in view of the fact that the Senator from to inquire- Massachusetts has the floor, I am not going to discuss this The PRESIDING OFFICER. Does the Senator from Massa­ question, but in order that those who are anxious to attend thi.s chusetts withhold his motion? funeral may not prep-are with indelicate haste, I want to sug­ Mr. LODGE. Certainly. l?est fhat the joint resolution i.s not dead, nor is it about to die. Mr. HEYBURN. I rise to a question that would be privi­ We will, I venture to prophesy, before this session of Congress leged. I rise to inquire under what rule the speech of some closes, pass this resolution in some form, so that the people private citizen, delivered on some private occasion, can be will have an opportunity to pass on it in their next legislatures. printed in the CONGRESSIONAL RECORD unless it is read as a There will be quite sufficient of life in it to satisfy the most pE.rt of the discussion or by some Senator"? I Imow of no such earnest before a great while. rule, and I should like to have the Chair direct me to it. The PRESIDING OFFICER. The Chair does not think there HOUSE BILLS REFER:RED. is any such rule, but it was done by unanimous eonsent The following bills were severally read twice by their titles l\Ir. LODGE. Such speeches are usually printed a·s docu- and .referred to the Committee on Commerce : ments, I think. H. R. 13112. An act authorizing the construction of a bridge Mr. CH.Al\IBERLAIN. I do not care to ask to .have that ·done. and approaches thereto across the Tug Fork of Big Sandy Mr. HEYBURN. That would be much more appropriate. River; Mr. LODGE. I think that is the better way. H. R. 14108. An act to authorize the city of Minneapolis, in Mr. HEYBURN. It is much more appropriate to print such the State of Minnesota, to construct a bridge across the 1\Iis.sis­ speeches as documents than it is to print them as 1:1. part of sippi River in said city; the proceedings of this body, because they are not a part of H. R. 14100. An act to authorize the city of Minneapolis, in the proceedings of this body, either directly or indirectly. the State of Minnesota, to construct a bridge across the Mi sis­ 1\Ir. CHAMBERLAIN. l\Ir. President, if the Senator desires sippi River in said city; to have me read it, I will do so and insert it in the RECORD. H. R. 14ll-O. An act to extend the time for building a bri.dge I have that privilege; but I simply desired to save the time of across the Mississippi R1ver at Minneapolis, .Minn.; the Senate by asking that it be pril'lted H. R. 14111. An act to extend the time for constructing a Mr. HIITYBURN. Well, Mr. President, it is a saving of time bridge a.cross -the Mississippi River at Minneapolis, Minn.; at quite an expense. Would it not be quite sufficient to print H. R.14125. An act to authorize the construction, mainte­ the peech as a public document? nance, · and. operation of a bridge across the Little River at or .hlr. CHAMBERLAIN. I have no objection at this time, ·then, ne~ Lepanto, .Ark. ; to having it printed as a public document. H. R. 14:944. .An act authorizing tlIB construction of a brjdge The PRESIDING OFFICER. And not in the RECORD? across the Qonnecticut Rtver, in the State of Coll11ecticut, .l\lr. HEYBUilR I think I shall object, when present, here­ between the towns of East Had.dam and Haddam ; r.fter to the printing as a part of the daily RECORD of any man's H. R 15781. An a.ct to .authorize the Aransas Harb01· Ter­ remarks, howe'\""er eminent he may be, that are not delivered in minal Railwny to construct a bridge across Norris and Cum­ this body. mings Channel_; and l\lr. CHAMBERLAIN. Mr. President, I believe I shall insist. H. R. 15920. An act to a;uthorize the board of county com­ that it be printed in the RECORD. That course has often been missioners for Beltrami County, Minn., to construct a bridge followed. across the Mississippi River. Mr. HEYBURN. I object, then. '.MISSOURI RIVER BRIDGE A.T SIBLEY, MO. Mr. €IBA..MBERLAIN. Then, I will ask permission to read it, l\lr. President. The VICE PRESIDENT laid before the Senate the amen(l­ th-e )[r. HEYBURN. I .have no objection to that, and I will ment of the Ho-use of Re-presentatives to bill (S. 4006) to listen to it with pleasure. amend an act entitled "An act to authorize the construction of The PRESIDING OFFICER. The Senator from Massachu­ a bridge over the Missouri River at or near Sibley, in the State setts has the floor and bas yielded tem_porarfly. of Missouri," approved J'U.ly 3, 1884, which was. on page 2, i\lr. LODGE. I yielded to the Senator from Oregon to make line 4, after the word " constructed," to insert " maintained and a request, but I did not yield foT a speech. operated." The PRESIDING OFFICER. The Senator withheld his .Mr. Sl.'ONE. I move that the Senate concur in the .amend­ motion for a moment The question is upon the motion of the ment of the House of Representatives. Seun tor from Massachusetts. The motion was agreed to. Mr. CHA 1\fBERLAIN. I thought the Senator had yielded EXECUTIVE SESSION. to rue. Mr. LODGE. I renew my motion that the Senate proceed to 1\lr. LODGE. I did, to make a request. I did not suppose it the consideration of executive business. was to be a speech. · The motion wa.s agreed to, and the Senate proceeded to the Mr. CHAMBERLAIN. I do not care to make a speech, Mr. consideration of executive business. After 20 minutes spent in President. executtve session the doors were reopened, and (at 3 o'clock The PRESIDING OFFICER. The -Ohair understood that the and 55 minutes ,p. m.) 1:he Senate adjourned until l\Ionday, Senator from Oregon proposed to read the address now. January 15, 1-912, at 2 o'clock p. m. Mr. CHAM::BERLAil~. Then, J\Ir. President, I Tequest, as the Senator from Idaho does not object to that, that the address be published as a Senate document. GENERAL ARB1TRATION TREATIES. Tbe PRESIDING OFFICER. Is there objection to that re­ During the consideration of executive business, .on motion of quest? The Chair hears none, and it is so ordered. Mr. LonGE, the injunction of secrecy was removed from the ELEOTION OF SENATORS BY Dl:BECT VOTE. proposed resolution of ratification of the general arbitration treaties with Great Britain and France, signed on August 3, 1911, l\fr. BORAH. Mr. President-- which was ordered to be printed as a document. ( S. Doc. 98, The PRESIDING OFFICER.. Does the Senator from Massa- pt. 3.) chusetts yield to the Senator from Idaho? Mr. BORAH. Just for a moment. Mr. LODGE. Yes. NOMINATIONS. Mr. BORAH. l\fr. President, it is one of the maxims of news FlaJecutive nominations receive.a by the Senate Januar·v 11, 1912. gathering that you must go away frum home to find out what hns ba-ppened. I read a.dispatch in a far western pa.pex to this PROMOTION IN THE ARMY. effect: CO.BPS OF ENGINEERS. ELECTION BILL FAILS. Second Lieut Robert S. A. Dougherty, Co.rps of Engineers, to wASHINGTON, January 4, All hope of agreement between conferees of the two Houses of Con­ be first lieutenant from October 4, 1911, vice First Lieut. Charles gresR on the resolutipn providing tor elaction of United State_s Senators R. Pettis, promoted. by direct vote of the people has vanished. The conferees have reached PENSION AGENT. the conclusion that an agreement would be impossible, :md a report to that effect is dpected next week. The difference between the House Jesse B. 'Fuller, of California, to be pension agent at San and Senate conferees is based on a question of congressional supel'­ vision. A.s passed by the House the resolution placed the control of Francisco~ his term expiring .January 14, 1912. (Reappoint­ senat1)rial elections in the hands of the State legislatures. The Senate ment) 1912. CONGRESSIONAL RECORD- SEN ATE .. 853

RECEIVERS OF PuBLIC MONEYS. MAINE. John P. Dickinson, of Colorado, to be receiver of public Edward G. Varney, Hartland. moneys at Hugo, Colo., his term expiring January 13, 1912. MASSACHUSETTS. (Reappointment.) , Festus G. Amsden, Athol Fred P. Cronemiller, of Oregon, to be receiver of public Thomas F. Lyons, Billerica. moneys at Lakeview, Oreg., his term expiring January 13, 1912. Frank M. Tripp, Marion. (Ileappointment.) MICIDGAN. REGISTERS OF TIIE LA.ND OFFICE. Thomas B. Wynn, "Eau Claire. William Balderston, of Ida.ho, to be register of the land office at Boise, Idaho, his term having expired January 7, 1912, (Re­ MINNESOTA. appointment.) Gunnar B. Bjornson, Minneota. William F. Britta.in, of Wyoming, to be register of the land Carl S. Dahlquist, Baudette. office at Buffalo, Wyo., his term having expired December 10, Patrick A. Gaffney, Belleplaine. 1911. (Reappointment.) John W. Gish, Waterville. · J. P. Graff, Sleepy Eye. POSTMASTERS. Henry E. Hanson, Windom. IND1ANA. Eilert Koefod, Glenwood. Robert L. Williamson to be postmaster at Muncie, Ind., in MONTANA. place of Robe Carl White. Incumbent's commission expired · Addison McL. Sterling, Ronan. December 11, 1911. MICIDGAN. -NEW HAMPSHIRE. Silas B. Frankha.user to be postmaster at Hillsdale, Mich., Elmer E. Adams, New London. in place of Frederick A. Roethlisberger. Incumbent's commis- Nathan P. Baker, Sunapee. sion expired December 9t 1911. · Ernest G. Cole, Hampton. Edwin A. Himes, Sanbornville. NEBRASKA... George A . .Mcintire, Milford. Albert H. Gould to be postmaster at Alma, Nebr., in place of Henry E . Merrick, Henniker. John C. Mitchell. Incumbent's commission expired March 28, Forrest E. Page, Raymond. 1910. Ernest R. Roberts, Salmon Falls. NORTH CAR-OLINA. Natt F. Roberts, Farmington. Samuel E. 1\Iarshall to be postmaster at Mount Airy,. N. C., NEW JERSEY. in place of Robert T. Joyce, removed. William A. Birkhead, Beverly. VIRGINIA. George C. Kessler, Millburn. Edgar B. Beaton to be postmaster at Boykins, Va. Office Lewis S. Sculthorp, Atlantic Highlands. became presidential Janmll'~' 1, 1912. James E. Taylor, Cape May. WISCONSIN. Alexander A. Yard, Farmingdale. Louis E. Homsted to be postmaste1· at Dorchester, Wis. NEW MEXICO, Office became presidential January 1, 1912. Bonifacio Lucero, Santa Rosa. J . Frank Newkirk, Artesia. CONFIRMATIONS. Thomas B. Platt, Hagerman. l!lfliecutive nominations confimi-ed by the SenateJanuary11,1912. NEW YORK. SURGEON GENER.AL OF THE PuBLIC HEALTH AND :MARINE-HOSPITAL Henry G. Ahles, Redwood. SERVICE. Asher B. Allen, Brushton. Rupert Blue to be Surgeon General of the Public Health and Burton H. Avery, Brockport. Marine-Hospital Service. Orson Allis Chaplin, Ga.sport COLLECTOR OF CUSTOMS. Minnie A. Daily, Hilton.­ Fred A. Edwards, Holley. Albert n. Day to be collector of customs for the district of Allerton C. Farr, De Ka.lb Junction. Bangor, Me. Charles Fewster, Ontario. REGISTER OF LA.ND OFFICE. Frank E. Gaylord, North Collins. William Balderson to be register of land office at Boise, Idaho. James E. Johnson, Canton. POSTMASTERS. Frank M. Potter, Chautauqua. CALIFORNIA. Thomas G. Ross, Wate1-vliet. William C. Campbell, Los Gatos. Norman C. Templeton, Irvington. Charles H. Dobbel, Palto Alto. Garritt H. Tymeson, Otisville. Walter Douglas Neilson, Del Monte. John S. vau· Orden, Spring Valley. William B. Farrow, Chula Vista. . NORTH DAKOTA. Albert R. Grisingher~ Guadeloupe. Elmer H. Myhra, Wahpeton. Elbert S. Lamberson, Visalia. Cecil H . Taylor, Garrison. Samuel w. Metcalf, Sisson. OREGO"N. James S. Moulton, Ripon. ' Charles Hines, Forest Gro\e. Adolphus Henry Salau, Los Vanos. Nels A. Thompson, Newman. PENNSYLVANIA. Daniel R. Trout, Boulder Creek. William H. Clewell, Summithill. COLOP.ADO. Chester A. Davidson, New Salem. James M. Dreher, Weatherly. Joseph C. Shattuck, University Park. Sa.muel S. Graffin, Catasauqua. John C. ShuU, Berthoud. James M. Hamilton, Chester. CONNECTICUT, David S. Kern, Pennsburg. John A. Ayer, Saybrook. Clayton F. MiJier, North Girard. Frank A. Heffion, Deep River. Samuel J. Myers, iloltwood. Annie E. Vinton, Eagleville. G. William Riegel, Bethlehem. DELAWARE. Joseph G. Sechler, Cherry fiee. Samuel S. Wilson, Bridgeport. Oswald B. Wingate, Edgemoor. Norris S. Woodruff, North East. ILLINOIS, • PORTO RICO. Albert Bothfuhr, Grant Park. Carlos F. Torregrosa, Aguadilla. Tracy W. Buckingham, Potomac. Charles A. Duntley, Bushnell. SOUTH CAROLINA. Charles A. Gregory, Lovington. George H. Huggins, Columbia. John F. Newlin, Chrisman. Cecil S. Rice, Denmark. William T. Robinson, Kenilworth. James E. Stuckey, Bishop-ville. Anna. M. Spo-0ner, Blue l\lound. VERMONT. Ross l\f. Taylor, Libertyville. Albert H. Cheney, Stowe. 854 CONGRESSIONAL RECORD~HOUSE. JANUARY 11,

HOUSE OF REPRESENTATIVES. Mr. BARTLETT. Oh, no; of all who may come. Mr. KENDALL. Because I know of two or three Union THURSDAY, January 11, 19n. veterans who have accepted invitations to be present. The House met at 12. o'clock noon. l\Ir. BARTLE'l'T. Yes, Mr. Speal\:er; tbnnk God, the ani­ The Chaplain, Rev. Henry N. Couden, D. D., offered the fol­ mosity and bitterness which was engendered in that most lowiug prayer : gigantic and internecine struggle, the-mo'st gigantic war ernr · Once more, O God our heavenly Father, we would draw near waged in the history of the world, the most bitter war ever to Thee in the sacred attitude of prayer, that by the contact known in the tide of time, has passed away, and these old we may receiYe wisdom, strength, courage; fortitude sufficient men on both sides, dying at the rate of lGO a day, soou to pa~s for the new duties of the new day, that at its close we may feel away and to be known only for their gallantry, their patriotism, the thrill and satisfaction of duty well done. In the spirit of by their devotion tO duty, which was shown on both sides, are the Lord Jesus Christ. Amen. to meet in the city of l\!acon, not for the purpose of engender­ The Journal of the proceedings of yesterday was read and ing or keeping alive any animosity, but, although at one time approYed. enemies at war, they are now friends in peace, and will march side by side and celebrate the glories not only of the Con­ CALL OF COMMITTEES. federacy, but the glory of the United States. [.Applause.] The SPEAKER. The Clerk will call the committees. We ham undertaken this matter of entertaining the Con­ The Committee on l\filitary Affairs was called. federate \eterans and the visitors who will come :is our guests, . TENTS FOR CONFEDERATE YETERANS' REUNION, MACON, GA. and we will be glad to open our homes to entertain not only l\lr. 'l'ILSON. Mr. Speaker, I am directed by the Committee the Confederate veterans, but any citizen of our common on Military Affairs to call up House joint resolution 184, au­ country and to extend the hospitality of our homes to those with 'vhom, 50 years ago, we were at war; and we invite you thorizing the Secretary of War to loan certain tents for the use all to come. [Applause. J of the Confederate Veterans' Reunion, to be held at Macon, Ga., in .May, 1912. Mr. Speaker, I do not desire to detain the House; I do not The SPEAKER. The Clerk will report the joint resolution. think it necessary; but it gives me great pleasure to know and to feel that in this day and in this hour there does not exist The Clerk read as follows: any opposition to this resolution, and that the country at large House joint resolution 184. everywhere, men who think right, men who have admiration Resolved, etc., That the Secretary of War be, and he is. hereby, au­ thorized to loan, at his discretion, to the executive com~ittee of the for courage, pah·iotisrn, and devotion to duty, think the same Confederate Veterans' Reunion, to be held at M~con, Ga., 10. the month way-that we are one common country, and that both sides, the of May, 1912, such tents, with necessary poles, ridges, and pms, as may blue and the gray, can haYe their separate reunions, and cau be required at said reunion: Pro'l:i-ded, That no expense shall b~ caused the United States Government by the delivery and return of said prop­ have their joint reunions, and renew the recollection of the erty the same to be delivered to said committee designated at such heroism and ·rnlor of ihe American soldier, both of the Confed­ time' prior to the holding of said raun_ion as may be. ~greed upo!l by the eracy and the United States and remember them as the glories Secretary of War nod Walter A. Harris, general chauman of said execu­ tiYc committee: A.nd_p1·01:ided further, That the .secretary of War s~all, of om common country. [Applause.] before delivering such property, take from said Walter A. H.arris a l\fr. TILSON. l\!r. Speaker, it gives me great pleasure as a good and sufficient bond for the safe return of said property m g_ood Representatiye of the New England constituency to be the ordei" and condition, and the whole without expense to the Umted States. member of this committee to report th.is resolution to the House and ask for its pa~sage. Mr. TILSON. Mr. Speaker, this joint resolution provides for · ~fr. MANN. Will the gentleman yield for a question? the loaning of certain tents for the use of the Confederate vet­ l\fr. TILSON. Certainly. erans at their reunion to be held in Macon, Ga., in May of the Mr. MANN. The Committee on Military Affairs bas also present year. It is in the form of resolutions heretofore reported a Senate joint resolution, which is on the calendar this adopted and the interests of the Government are all properly morning, for the purpose of turning over to the quartermaster e:afeguai.·ded.. The report of the committee is unanimously_ in general of the Grand Army of the Republic two condemned faror of the passage of the joint resolution; but before. askmg brass cannon to be used for badges in the Grand Army of the for a vote upon it I yield to the gentleman from Geo~gia [Mr. Republic. It seems to me that it would show quite a touch of BARTLETT] for a statement as to the purpose for wh1ch these sentiment if we should pass both resolutions, one following the tents are to be used. other. I do not know as any gentleman is authorized to call The SPEAKER. How much time does the gentleman yield? up the Senate resolution, but I hope some member of the Com­ 1\Ir. TILSON. Ten minutes. mittee on Military Affairs will do so. Mr. BARTLETT. Mr. Speaker, I did not anticipate that this l\lr. BARTLETT. I will be very glad to vote for it. resolution would come up for consideration at this moment. I Mr. MANN. I think everybody will be glad to \Ote for it. will, however, gladly state the purpose of it. . The SPEAKER. Tlle question is on the engrossment and During the month of May of this year there is to be held at third reading of the Houj;e joint resolution. l\Iacon 1 Ga. the city of my residence and home, the annual re­ The question was taken, and the House joint resolution was u;ion of the United Confederate Veterans' Association. This ordered to be engrossed and read a third time, was read the association has grown in the last 20 years, accor~ing to my re~­ third time, and passed. ollection, from 17 camps to 1,758 camps. The city of. Macon is On motion of l\lr. TILSON, a motion to reconsider the vote by n:akinO' preparations to entertain the Confederate veterans anu which the joint resolution was passed was laid on the table. the people who attend on that occasion. ~his i~ not a. m~re State or local affair. The "Veterans composing this association COl!MITTEE R.ESIGNATIONS AND ELECTIONS. are the survivors of the armies of the late Confederacy. 1\lr. UNDERWOOD. l\lr. Speaker, I will ask the gentleman It is anticipated that probably 20,000 or 25,000 veterans will from Connecticut to yield to me for a moment. be in attendance. It has been customary on such occasions, and Mr. TILSON. Certainly; I yield to the gentleman from Ala­ it will be necessary, as has been done in other cities, to provide bama. many of them with tents. In the city of 1\lacon we have a The SPEAKER. Before the gentleman !Tom Alabama pro­ magnificent park, comprising a large number of acres, iu which ceeds, the Chair will lay before the House the following com­ we propose to erect these tents for the shelter of these men. munications, which the Clerk will report. The city of Maeon has undertaken this great duty and obliga­ The -cierk read as follows: tion of caring for these \eterans when they meet there. There WASHINGTON, D. C., December 1, 1911. js probably not sufficient room, even though the citizens should Hon. Ca.u11P CLARK, Speali,er. throw open their houses, as they will do, with all the hotels, to Srn: I hereby tender my resignation as a member of the Committee on Banking nnd urrency of the House of Representatives, and respect­ properly shelter and cure for these old veterans. In fact, they fully ask that it may be accepted. had rather be sheltered and cared for in the way we propose to P.- P. C.A.AIPBELL. take care of them-in tents-than to be housed in houses. The The. SPEAKER. Without objection, the resignation will be Government has generously, on other occasions when these old accepted. men have met in other cities, loaned these tents to the commit­ There was no objection. tees engaged in making these arrangements, and we simply ask The Clerk read as follows: that the Government shall do what it has done on other occa­ WASHINOTOX, D. c., January 5, 191~. sions. Hon. CHAMP CLARK, l\ir. KENDA.LL. Will the gentleman yield? Speaker Rous,,; of Representatives. l\fr. BAil!.rLETT. Certainly. DE.rn. Srn: I respectfully tender my resignation as n member of the Committee on Coinage, Weights, and Measures, and beg to ask that it l\lr. KENDALL. It is not designed entirely as an entertain­ be accepted. ment of the Confederate veterans? Wu. II. HEALD. ' I 1912 . .. , ...... ! CONGRESSIONAL RECORD- HOUSE.'

The SPEAKER. Without objection, the resignation ·wn1 be right or that the State was -entitled fo tile place as a matter of aceepted. right. There was no objection. Mr. B.ARTLE'IT. l\Iay I ask the gentleman a question? Mr. UNDERWOOD. Mr. Speaker, at the request of the gen­ The SPEAKER. Does the gentleman from Illinoil) yield to tleman from Illinois [Mr. l\IANN], I move the election of the the gentleman from Georgia? following gentlemen to fill the vacancies named in the list Mr. MANN. Certainly. which I send to the desk and ask to have read, which vacancies Ur. BARTLETT. This nomination of Mr. CAMPBELL is made belong to the Republican side of the House. in the way that the minority ha.s made recommendation for The SPEAKER. The Clerk will report the nominations. nominations for the other committees to fill vacancies and to The Clerk read as follows: fill the committee originally. I understand it is made in the For election to minority places the' following : same may. Committee on Rules, PHILIP P. CAMPBELL, of Kansas. l\Ir; l\1ANN. In identically the same way. Committee on Banking and Currency, WILLIAM H. HEALD, of Dela- l\fr. UNDERWOOD. Mr. Speaker, I would like to say one ware. word in explanation-- Committee on Claims, w. D. B. AINEY, of Pennsylvania. Committee on the Census, W. D. B. AINEY, of Pennsylvania. The SPEAKER. The gentleman from Alabama asks unani­ Committee on Naval Affairs1 WILLIAM J. BROWNING, of New Jersey. mous consent to address the House for five minutes. Is there Committee on Coinage, Weights, and Measures, GEORGE CURRY, of New MeXico. • objection? [After a pause.] The Chair hears none. l\Ir. UNDERWOOD. l\Ir. Speaker, I want to explain our The SPEAKER. Are there any other nominations? attitude in reference to this matter. For a number of years .Mr. NORRIS. .Mr. Speaker, a parliamentary inquiry? the Democratic Party has demanded in this House when the The SPEAKER. The gentleman will state it. · Republicans were in control of it that we should have the right Mr. NORRIS. Are those names before the House as nomina­ to select and name our own committee places. Wben this tions for the various places named? House was organized we conceded to the Republican side of the The SPEAKER. They are. House the right to name the committee places, subject to a .Mr. NORRIS. And other nominations are now in order to general revision, so that we might balance the committee. At any of those places? the direction of the Democratic caucus I notified the gentleman The SPEAKER. That is correct. from Illinois that his side of the House could fill the committee Mr. NORRIS. Then, Mr. Speaker, for the vacancy on the places, either by their caucus or in the manner they saw fit. Committee on Rules I place in nomination the name of Hon. The Republican caucus, in~tead of selecting their- committee ,'VICTOR :MURDOCK, of Kansas. places by a committee on committees and ratifying them in the The SPEAKER. The gentleman from Nebraska [Mr. NoR- ­ caucus, as we do, determined that they desired to have their nrs] nominates the Hon. VICTOR MuBDOCK for the vacancy on selections made by their own leader as representing the Re­ the Committee on Rules in place of the Hon. P. P. CAMPBELL. publican Party. The vote will first be taken on those where there is no oppo­ Now, I say as long as they present men who are honest, who sition. The question is on the motion of the gentleman from are capable of filling the positions on their side of the House, Alabama to elect the gentlemen named to the several vacancies the responsible head of the Republican Party, responsible be­ named, excepting the vacancy on the Committee on Rules, cause he is ordered to do so by his caucus and with the where there is opposition. authority of his party, is entitled to name the vacancies on The question was taken, and the motion was agreed to. the Republican side [applause] just as if we were in the The SPEAKER. Unless the House orders otherwise, under minority and I was the minority leader I would demand the parliamentary rules the vote would now be taken on the elec­ unequivocable right of my party to name the places if I were tion of Mr. MURDOCK. acting by authority of the party, so that I do not enter .into Mr. UNDERWOOD. Mr. Speaker, it would make it much any personal issue between those gentlemen. The gentleman simpler if the gentleman from Nebraska [l\fr. NORRIS] will from Kansas is my personal friend and has been for many move to substitute l\Ir. MURDOCK'S name for the name of l\Ir. years, but I believe right now the correct position for ever1- CAMPBELL. We can then have a vote upon the substitute, and Democrat on the floor of this House is to recognize in the if that is voted down, then vote on the original motion. leadership of the gentleman from Illinois what we have always Mr. NORRIS. Mr. Speaker, I supposed, from what the gen­ demanded as our right on this side of the House, and thut is tleman from Alabama had said in making his motion, that that the recognized authority of the Democratic Party should that would be necessary, but upon inquiry from the Chair I ham the right to name the men to fill the minority places. I was informed that they were nominations. I ha-ve no objec- think it is our duty to say that the recognized head of the tion to that course, however. • Republican Party. has the right to fill the places. Now, we The SPEAKER. The nomination which the gentleman from prefer and think it is more in accord with Democratic doctrine, Nebraska makes is in the nature of a substitute for the nomi­ more in accord with our views of the situation, for our caucus nation made by the gentleman from Alabama at the request of to select the men. The Republican Party thinks it is more the gentleman from Illinois [Mr. l\IANN], the minority leader. in accord with their doctrine that their leader should select Therefore the proposition of the gentleman. from Nebraska will the men. That is a question not for us to determine, but for be voted on first as in the nature of a substitute. them to determine. We are responsible to the country for the Mr. NORRIS. I have no object.ion to that, l\Ir, Speaker. _position we take in selecting our committees. They are re­ Mr. LLOYD. Mr. Speaker, I would like to inquire from sponsible to the country for the position they take in naming the minority leader, the gentleman from Illinois [Mr. 1\1.A.NN], their committeemen in the Honse, and the only right that we how it hapvens that the name of Mr. CAMPBELL is suggested? claim for the Democratic Party to supervise their selection is Mr. MANN. Mr. Speaker, 1\11.'". CAMPBELL'S name was sug­ th.At they shall name honest and capable men to fill the positions gested by me to fill the ·n1cancy caused by the den.th of .Mr. on the committees. Now, there can be no question of that Madison, of Kansas. The House bas already accepted the kind between the two men put in nomination. Therefore I resignation of Mr. CAMPBELL from the Committee on Banking think it is our duty to support the nomination made by the nnd Currency, which resignation was made at my request in gentlema..i."l from Illinois. order to furnish a vacancy for other appointments. .Mr. GARNER. .Mr. Speaker, will the gentleman permit me Mr. LLOYD. l\!r. Speaker, I will ask the gentleman if it ls to interrupt him now? . nnderstood on his side of the House that he has the power, I\1r. UNDERWOOD. Certainly. representing the minority, to make these recommendations? Afr. GARNER. Since we have adopted the policy of electing Mr. l\I.ANN. That was the action of the Republican caucus. the men on these committees and our rules provide for their Mr. GARNER. Mr. Speaker, may I interrupt the gentleman? election, and since the Republican organization through its The SPEAKER. Does the gentleman from Illinois yield to caucus has determined that the minority leader shall select the gentleman from '11exas? the committees on that side of the House, would it not be more Mr. l\IANN. Certainly. consistent with every reason that the Democrats should refrain Mr. GARNER. l\Iay I inquire whether or not the member­ from voting by answering "present" on the roll call and permit ship of the Republicans from Kansas have recommended a the Republicans to elect their own men? canilld::i.te for the place? It seems that that State has been Mr. UNDERWOOD. No; I ·do not think so. If the gentle­ recognized on this committee by one Member taking the place man from Illinois has not a majority of his party behind him, of another, who has left the committee by virtue of death. the majority of his :party have their own way to remedy the Now, I desire to know whether or not the Kansas delegation matter in their own caucus. It is their family affair. I think llils made any expression to the minority leader on the subject? we should recognize in a matter of this kind the constituted Mr. MANN. They have not. I have not considered that the head of the Republican Party and accept his suggestions within Kansas delegation were entitled to the place as a matter of the line m whi.ch he is entitled to speak for his party.

' 856· CONGRESSIONAL RECORD-. HOUSE. JANUARY 11;

l\fr. GARNER. l\Ir. Speaker, I agree that we ought, in order that I desire to have manifested, and I am surprised that there to conclusively determine the strength of the minority leader, should be an indication such as has already been manifested 'Of . to refrain from yo ting on the Democratic side one way or the partisanship here, which I do not intend and do not desire to other, and let the Republicans settle it for themselves. bring up. I simply want to perform what I belie-re to be my Ur. UNDERWOOD. I do not believe that brings about good conscientious duty, and let the result be what it may. go-rerrunent in this House. I believe those people are entitled Mr. GAR~~R. May I ask: the gentleman a question before to settle their own differences. If the gentleman from Nebraska he sits do-wn? [Mr. NORRIS] or the gentleman from Kansas [l\Ir. l\IuRDocK] Mr. NORRIS. Yes. will kindly come to this side of the House, where we have in­ The SPEAKER. The time of the gentleman from Nebraska vited them to come many times before, we will see that they are has expired. properly represented on the committees of this House. [Ap­ Mr. HENRY of Texas. Mr. Speaker, I ask unanimous con­ plause on the Democratic side.] sent that I may address the House for fi-re minutes. l\fr. NORRIS rose. The SPEAKER. The gentleman from Texas [l\fr. HENRY] The SPEAKER. For what purpose does the gentleman from asks unanimous consent to address the House for five minutes. Nebraska rise? Is there objection? Mr. NORRIS. I desire to make some remarks. T·here was no objection. The SPEAKER. The gentleman from Nebraska asks unani­ Mr. GARNER. .l\fr. Speaker, I would like to ask the gentle­ mous consent to address the House for five minutes. Is there man from Nebraska one question. objection? [After a pause.] The Chair hears none. Mr. HENRY of Texas. I have no objection to that, if the .:Mr. NORRIS. l\fr. Speaker, of course, it goes without saying gentleman does not take it off of my five minutes. to begin with that I have no personal objection to either one l\fr. GARNER. The question I desire to u k the gentleman of these gentlemen from Kansas, whose names haye been sug- from Nebraska is whether or not he can tell how the Kansas - gested for the vacancy on this committee. There are some of delegation stands on this question? us, however, who do not believe in permitting the leader of a l\Ir. NORRIS. I can not. I have not consulted them. party to name the committee appointments; neither do we be­ l\!r. HE~TRY of 'rexas. l\Ir. Speaker, one of the greatest re­ lieve that the committee appointments ought to be settled by a forms ever made in this country was achieyed when the House ex­ caucus. The rules of the House provide that they shall be ercised the right to elect the members of the respective committees elected by the House. I am not finding fault with the gentle­ of the House, and no man in America did more to bring about men on that side if they want to pursue the course they have the reform than the distinguished gentleman from Kansas, mapped out or with the gentlemen on this side in following the VICTOR 1\IURDOOK. [Applause on the Democratic side.] course they have mapped out, but I reserve unto myself the Mr. Speaker, this Congress approved the action of the Com­ right to follow the course that I believe to be right, and I have mittee on Hules in writing this proposition in Rule X: exercised the privilege and the right that these rules girn in There shall be elected by the House, at the commencement of each making a motion here to substitute another name for the one Congress, the following standing committees. . that has been proposed by the leader of the minority party. I do not feel that I am bound nor that any other man is bound to This House has undertaken to exercise the right of electing accept this motion coming from him and say that it can not be its standing committees and filling vacancies in the same way, changed or amended any more than any other motion made by and in my judgment it ,vm be many years before that rule is him or any other Member of this House. I believe that in the amended in that regard. But, l\fr. Speaker, Democrats ham selection of the committees, made by the gentleman from Illi­ contended for muny years that each party should have the right nois [l\ir. MANN] at the beginning of the present Congress, he to fix its representation on the respecti-re committees, in caucus was· fair. I think it was conceded that he did a good job and or in whatever manner thought proper by them. It has been performed the difficult task in a very commendable way. At stated that the Democrats have always been accorded the right the same time, I have never agreed, and there are others who to fix their representation. I deny it; and for the sake of nave never agreed, that that was the proper way of selecting truthful history assert that on many occasions the gentleman committees. who preceded the present occupant of the chair denied us that In a minorfty though we are, we claim the right to vote our privilege and appointed whomsoever he chose. But we are will­ sentiments, even though we may know that the caucus on the ing this morning to accord to th~ gentlemen on the other side one side and the caucus on the other side may overpower us. the right to choose for themselves whom they wish to place We only ask for the right and privilege, which I have assumed upon this responsible committee. This House is to elect this to take under these rules here this morning, of moving a sub­ member, and because I believe that each party ought to have stitute. It seems to me in the distribution of committee ap­ the right to fix ·its own repre entation on committees, I am pointments on the minority side made by the minority leader willing to yield to them in their choice as to who shall go on at the beginning of this Congress that he gaye to the one fac­ this committee, although unwilling to let this occasion pass tion, if you call it so, in the Republican Party the proper rep­ without giving credit to the man who has done so much toward resentation that they were entitled to and tried to compensate reforming the rules of the House of Representatives. [Applause them for the loss they had suffered by reason of the punish­ on the Democratic side.] ment that had been inflicted upon them before in the appoint­ Mr. CULLOP. Mr. Speaker, I would like to ask the gentle­ ment of committees. And in carrying out that plan the gentle­ man from Texas a question. man from Illinois [Mr. M NN] gave to the late Judge Madison, Mr. HENRY of Texas. I yield to the gentleman, Mr. Speaker. of Kansas, this place on the Committee on Rules. It seems now l\fr. CULLOP. In the last Congress did not the Democratic it would be no more than fair, if that appointment were just, caucus nominate two men for the Ballinger-Pinchot investiga­ and I ham heard no one dispute it, that some one representing tion committee, and the Republicans, then in the majority, re­ the same faction of the Republican Party should be selected to fused to approve one of the 'Democrats so selected? fill the place made vacant by the death of Judge Madison. And, l\Ir. HE1'1RY of Texas. They did; and no man can make an therefore, believing it was fair, I have mad.e this mot.km. I address on the floor of this House without recalling some out­ realize from the position taken by the leader of the mr jority rage perpetrated by the Republican majority when they held side and the position taken by the leader on the minorit J side power over its proceedings. [Applause on the Democratic side.] that it may be, and the pro1:labilities are, that there will not But, l\fr. Speaker, we contended, then, that we had the right be many men who will follow me in this proposition. Never­ to choose our own members, and still contend for that right. theless, belie"Ving it was a fair proposition and that I had the .And while we may allow the other side to select l\fr. CAMPBELL right under the rules to take this position and make this mo­ for this vacancy on the Committee on Rules; while we permit tion, and believing the motion was fair and just, I have made them that privilege, yet we have a majority on the Committee it, and I would like to ha·rn upon the question, Mr. Speaker, a on Rules who are pledged to maintain the reforms thnt have record Tote, so that eTery man may express his sentiments. been inaugurated, and we propose to stand by the integrity of l\Ir. Spen.ker, I want to say further that in answer to the Rule X as it has been written in our code. [Applause on the suggestion that the gentleman from Kansas [l\fr. CAMPBELL] Democratic side.] hns resigned from the Committee on Banking and Currency, and l\fr. NORRIS. Ur. Speaker, will the gentleman yield for a that therefore he ought to be elected to this place, there would question? be no reason if he were not elected to the place on the Com­ The SPEAKER. Does the gentleman from Tex.us yield to mittee on Rules, why he should not be reelected to the Com­ the gentleman from Nebraska.? mittee on Banking and Currency. . I want to say I have abso­ l\fr. HENRY of Texas. I yield. lutely no feeling against the gentleman from Kansas [Mr. Mr. NORIHS. ~'he gentleman says he proposes to stand by CAMPBELL]. I have always regarded him, and still expect to Rule X? regard him, as my personal friend. There is not any feeling Mr. HENRY of Texas. Yes. . 1912. CONGRESSIONAL -RECORD-HOUSE . 857

Mr. NORRIS. Rule X does not proYide for the selection of standing the carpings and mispresentations of now and then a committee members by the caucus or by the minority leader, factious and disappointed Member, who might think higher of does it? his qualifications than I, being responsible, believed, I am content Mr. HENRY of Texas. No. It provides for the election of now and shall be in the future as I have been in the past. Tba t members of committees. is all I desire to say. In my judgment, the time will come when l\Ir. NORRIS. .As a matter of fact, could you not best stand­ we will return to the former practice, substantially unbroken by Rule X by following my suggestion as to filling the present from the time of the adoption of the Constitution, of vesting minority vacancy on the Committee on Rules? in the presiding officer of the House the power to organize l\Ir. HENRY of Texas. We take the position that you are the House, sut>ject, of course, to the power of a majority to free to fight your own contests among yourselves, and the approye in whole or in part to make a different organization: House will elect committee members under the operation of How was this House organized by the Democratic majority? this rule. The Democratic caucus authorized the Ways and By a number of very respectable gentlemen assuming to them­ l\Ieans Committee to take the action suggested in this resolu­ selves that they .would be members of the Ways and l\Ieans tiQn offered by the gentleman from .Alabama. Committee. They were not yet members. They caucused. l\Ir. CANNON rose. l\Ir. LLOYD. l\fr. Speaker-- The SPEAKER. The gentleman from Illinois [Mr. CANNON] The SPEAKER. Does the gentleman from Illinois yield to desires ullil.nimous consent to address the House for five the gentleman from Missouri? minutes. l\1r. CANNON. I do. l\Ir. CANNON. I would like, perhaps, to haye more than Mr. LLOYD. Did not the gentleman from Illinois, while he fiye minutes, Mr. Speaker. was Speaker of the House, reserrn to himself the right to refuse The SPEAKER. The gentleman from Illinois desires unani­ to accept any recommendation that was made by this side of mous consent to address the House for 10 minutes. Is there the House, or the recognized authority on this side of the objection? House, whenever he felt like doing so? There was no objection. Mr. CANNON. I have just stated the limitation that I Ur. CANNON. Mr. Speaker, I have been absent from the placed upon the minority leader of the House, and he had a meeting of the House this morning by reason of my attendance full and free hand except as I have indicated, and I did organize at the meeting of the Committee on Appropriations. I came the minority, as I recollect, in three Congresses as he recom­ into the Chamber just as the gentleman from Nebraska [Mr. mended, save alone in four cases. NOBRIS] was concluding his remarks. Mr. LLOYD. Mr. Speaker, in the selection of a person to fill As I understand this situation, it is that there is a yacancy a vacancy on the Judiciary Committee when Mr. WILLIAMS, the in the Committee on Rules, and that the minority leader [Mr. minority leader, recommended the gentleman from North Caro­ l\IANN] has recommended the appointment of one man, and that lina [l\Ir. WEBn], was he not turned down by the Speaker, t11e gentleman from Nebraska [Mr. NORRIS] has offered a motion Mr. CANNON. My recollection is that he was. to elect another man, and as we are electing our committees it l\fr. LLOYD. The Speaker resened to himself the right to is up to the House to determine the question. turn down the recommendation made by the minority leader I am quite content, for practical purposes, to let the past whenever he saw fit. On the same principle has not this side take care of itself and let the present be responsible for the of the House the right now to turn down any recommendation action of the House to-day. You on the other side of the aisle that may come to it? ha Ye a majority of 65 Members. I should not h:rrn .said any­ Mr. CANNON. Absolutely it has the right and the power to thing at this time had it not been that the gentleman from do it. Nebraska [l\Ir. NORRIS] dropped a remark that Members in the Mr. LLOYD. And if it exercises that power it will only ex­ middle, like :Mahomet's coffin, suspended between the heu-rens ercise a power which the gentleman from Illinois, as Speaker, and the earth, were punished by the former organization of this exercised in the Congress of the United States while he was House. Speaker. During my service in the House I have always believed that l\Ir. CANNON. In four cases, yes. And, wltllout going into the best organization would come by giving responsibility to personalities, I have no apologies for rejecting the recommen­ whoever might be Speaker to organize the House, with full dation of former Representative WILLIAMS in the four cases in power, subject always to the action of the House; and under the sL~ years. I was responsible, standing for and cooperating former rules nlways heretofore, under all parties, the House with the Republican majority, and, looking in the gentleman's liad the whip hand and could change the organization made by eye, I s'u-y that you have the right now and the power to dis­ the Speaker of the House and elect the committees. I measure regard the recommendations of the minority leader. When you my words when I so state, and in my judgment the organiza­ do so you are responsible. tion of this House in former times, under Democratic majorities Mr. LLOYD. In the Sixty-first Congress did the gentleman and Republican majorities, will not suffer when compared with from Illinois, as Speaker, consult the minority about the as­ the present organization. So now we could, by a majority vote, signment of its Members? as always heretofore, break up every committee and proceed to Mr. CANNON. Oh, in the Sixty-first Congress, that was the organize anew. All that is required is a majority. That has last, was it not? [Laughter.] The eentleman from Missouri always been so heretofore and is so now. [Mr. CLABK], the leader then of the minority, notified me, if I I have no apologies touching the action of a ·tormer Speaker recollect right, that he would not organize that minority unless of this House. Never before in the history of the GoYernment his recommendations were accepted without the dotting of an did the minority have the same power that the minority had for " i " or the crossing of a " t." [Applause on the Republican three Congresses, under the leadership of the now Senator side.] I declined to agree to that proposition because it con­ ~ILLIAMS and former minority leader of this House, in placing flicted with the policy that had been adopted by myself and by. the minority membership on committees. It was well under­ the House for the three former Congresses. stood between Representative WILLIAMS and the then Speaker Mr. LLOYD. Is it not true at this time, carrying out the of the House that he should have his way about minority ap­ policy :which the gentleman adopted, that we have the right to pointments, and as I recollect now there were not to exceed its exercise, a just right, with reference to accepting the recom­ four cases where the minority leader did not have his way, and mendations of the minority leader"? in those cases the limitation pJaced upon him was where tl1e l\fr. CANNON. Three times-as the baseball men say, three organization of the minority interfered with the organization times and out-three times has the gentleman asked that ques­ of the majority for geographic reasons or as a matter of policy. tion and three times have I answered yes; the right and the and geographic reasons sub.stantially made the exceptions. · power to exercise it if you choose. I believe in a government through majorities, through party Mr. LLOYD. If we exercise it, would we not be doing ex­ organization, with full power and full responsibility; and if I actly as you have done and following the example you have set? had again the power to organize this House as its Speaker I Mr. CANNON. Does the gentleman from l\fissouri think would conscientiously and fearlessly organize it according to my that asking a question three times, and now four, makes it any best judgment, after the fullest consultation with members of stronger? · the majority, giving tile minority substantially a free hand. Mr. LLOYD. As I understand the situation, the gentleman I am not aware of baving punished any Member of the House. says that when 1\fr. WILLIAMS was minority leader ·the Speaker Much loose talk has abounded in magazine articles, and there reserved to himself the right to accept the recommendations have been many headlines in the newspapers, but in my own :Mr. WILLIAMS made; that in the Sixty-first Congress, when the mind I stand ready, from the standpoint of the public service gentleman from Missouri [Mr. CLARK] was the minority leader, for all the people, to justify the organization of the House he did not consult him at all, because the gentleman from Mis- wllen as Speaker I had the power to ·organize it, subject always souri said that if he named the minority committees, he was to the House in fact. I haye my own approval, and notwith- going to name them ; and the gentleman from Illinois would 858 CONGRESSIONAL .RECORD- HOUSE .. J ANUARY tl, not permit him t-0 name them, because he reserved to himself undertaldng. · It took the Socialists about 27 years to get repre· the right to say ' whether these individuals were suitable per- senta.tion in this House at all, but now we have about 2,000,000 s·ons to fill the particular places or·not. · · · " Totes. I have a strong suspicion that we are much stronger Mr. CANNON. I was clothed with the responsibility pri­ than insurgents and the progressives combined. [Laughter.] It marily of appointing the committees-- was hard work, but we did it. If the insurgents stand for Ur. LLOYD. Well, now-- anything at all, if they are either fish or flesh or good red Mr. CANNON: Hold on a minute and let me have a part of herring, they ought to come out into the open and say so. If my time. [Laughter.] ·In the tender to the minority of the they really stand tor something d.Uierent than the other Repub­ organization of the committees, being responsible, having full licans, or for somethfng different than the Democrats, they power unless reversed by the Honse, I reserved to myself, for ought to have the independence, the courage, the strength of the reasons I have indicated, the right to say "no~" I did say character, to go out and build up a patty organization of their "no," in six years, four times. own to fight for their principles. Then they would have the re­ The SPEAKER. The time of the gentleman from Illinois has spect of everybody. Under the present circum tnnces, however, expired. they are simply part and parcel of the Ilepublicnn organization. l\lr. LLOYD. Mr. Speaker, l ask unanimous consent that the They are bound by the Republican platform, the Ilepublican time of the gentleman from Illinois be extended firn minutes. principles, and the Republican leadership. I can not see it in The SPEAKER. The gentleman from :Missouri asks unani­ any other way. [Applause and laughter.] mous consent that the time of the gentleman from Illinois be l\ir. SHACKLEE'ORD. Mr. Speaker, I ask unanimous con- extended five minutes. Is there objection? sent to address the House for five minutes. There was no objection. 'l'he SPEAKER. Is there objection? Mr. CA.N1WN. l\lr. Speaker, I think I haTe said all that I There was no objection. desire to say, with the exception that I will state again that Mr. SHACKLEFORD. M:r. Speaker, we are now dealing with whether the Speaker organizes the House or whether the ma­ an important question. Speaking for myself, I need more in­ jority organizes the House, the majority is responsible for the formn.tion before I can cast a rnte intelligently as between Speaker's organization, because they can turn it down, and thE>se two men. In the first place, I do not know whether the always could if they desired to do so. Now that the majority gentleman from Kansas [Mr. CAMPBELL] is tbe choice of the is organizing the House through a caucus, you haTe the full llepublicans in this House. I should like to know that. In power and full responsibility in the organization of the House, days gone by the Speaker has said that certain men were the both of the majority and minority, and for one I bid you God choice of his party. I made a fight against that system as speed in living up to your power, and we will see that you are long as it prevailed here. I am not willing to right-about-face responsiole for its exerci e. now. Is Ur. CA!IPBELL the choice of the Republicans in this 1\Ir. LLOYD. l\Ir. Speaker, will the gentleman yield? House? I do not know, and there is nothing in this record by l\lr. CANNON. Ob, I yield to the gentleman from Missouri. which we can inform ourselves. I belie"Ve this question ought ·.Mr. LLOYD. Mr. Speaker, the difference between the situa­ to be sent back to the Republican Members of the House, to a tion in the Sixty-first Congress and the situation in the Sixty- Republican caucus, to say whether or not a majority of them econd Congress, as I understand it, is this: That in the SLrty­ will put an 0. K. upon what their leader bas here proposed. I first Congress the gentleman from Illinois [Mr. CANNON], as ha1e on numerous occasions declared myself unwilling to let a Speaker, controlled the situation, while in the Sixty-second Con­ man in this House proclaim himself leader of his party and gress the body of the Democracy, which is in charge, controls the bind the rank and file of the Representatives simply by his ipse situation; and we here to-day have the power in our hands to say dixit. What I would not be willing to grant to the leader of yes or no as a body, while if it had been in the Sixty-first Con­ my own party I am not willing to grant to the leader of the gress, the Speaker himself would have passed upon it. Republican Party. Neither am I informed as to the status of lUr. 0Al\1NON. Mr. Speaker, I will say again what I haye the gentlemen who present the nrune of Ur. MURDOOK.. Do they said before. In the Sixty-first Congress, and in all Congresses stand like the insurgent or progressive .Republicans of the from the organization of the G<>vernment, the majority of the Senate? Are they acting as a separate entity demanding u House has had full power to organize the House under the for­ committee place? If so, then I, for one, believe that their re­ mer rule~ and it now has the power under the present rules. quest ought to be complied with. If those \Yho call themselves I want to say just one thing in conclusion. The difference, progressive Republicans in this House have the courage, as I practically, between the organization of this House and the know they have the conviction, to stand as and for themselYes organization of the House in the Sixty-first Congress and and get together and make a recommendation for the appoint­ former Congresses lies here, that the Speaker heretofore or­ ments upon the committees they should be recognized. ganized the House, while in this Congress, looking in the eye If they ha Ye effected a separate organization; if they have of a gentleman with whom I have served a long time, a man gone away from the house of those with whom they can not of great ability and who, I think, has had more growth in agree; if they have the courage to stand before the country as public sentimeut than any man in the United States, the an independent body, as has been done in the Senate; if they House has been organized, and I dare say will continue to be will meet together, no matter how small the number, and aslc organized by the distinguished gentleman from Alabama [l\ir. representation I um willing that they shall haye it. But, Ur. UNDERWOOD]. [Applause.] Speaker, without a backward step we cm+ not take the state~ l\Ir. BERGER. Mr. Speaker, I ask unanimous consent to ment of a leader as to what the majority of bis party wants address the House for five minutes. unless that shall have been 0. K'd. by a majority of tlle party The SPE...t\KER. Is there objection? in some sort of a conference where there was a free vote. I There was no objection. have always fought and always shall fight against a one-mun Mr. BERGER. Mr. Speaker, parliamentarianis:m eyerywhere rule in this House. When you clothe a man with the authority means a government by parties. I, therefore, disagree with the of what you choose to call leadership and put in his power the distinguished gentleman from Illinois [Mr. CANNON] that the selection of all the members of a committee, eYen for the mi· Speaker should have the right to reject the committee nomina­ nority, it is tyranny. It is a small degree of the same policy tion by any party. That might mean what it meant in the that prevailed. when the Speaker of this House named all the past in this House. It might mean tyranny. Each party ought committees, when he w:as able, I will not discuss now whether to have the right, must have the right, to select its own he did, but when he was able to dominate all of the committees representatives on eTery committee. and when he could stand defiantly in the face of the Ame1ican The Republican Party in this House acknowledges the leader­ Republic and say, " During my entire career as Speaker no bill ship of the gentleman from Illinois [Mr. 1\IANN]. This House ever passed this House which I did not favor. No bill e\er is organized according to parties. l\Ir. MANN represents the came to a vote in this House unless I was willing to barn it Republican organization in this House-he is the mouthpiece voted upon." I um not willing to have that sort of a rule in of the Republican organization in this House. We know of no the Democratic Party, nor am I willing to cast my vote in other mouthpiece for the Republican organization. Unless favor of it in the Republican minority. Mr. .MANN is reversed by the Republican caucus or by the l\Ir. CANNON. Will the gentleman yield? membership of the Republican Party on the floor of this House, l\fr. SHACKLEFORD. I do. I. if a vote should come, will vote for the nomination on the Mr. CANNON. I do not know of any Speaker of this House committee proposed by l\Ir. MANN. who ever made any such statement or could ba-ve truthfully If the gentleman from Nebraska [Mr. NoRnrs] and the gentle­ made it, and if the gentleman refers to me, I will say that he man from Kansas [Mr. MuRD-OCK} are not satisfied with the is mistaken in the statement. Republican Party as it is made up to-day-if they represent Mr. SHACKLEFORD. Mr. Speaker, my memory is not very other ideas and different principles-then, they should do as retentive, but I can not recall that prior to. the Sixty-first Con­ the Socialists have done-start a. party of their own. [Laugh­ gress and during the reign, and I say reign advisedly, of the ter.] l\Ir. Speaker, of course~ I know that is a ·pretty great gentleman from Illinois [Mr. CANNON ] a single bill that ever

/ 1912. OONGRESSION AL RECORD-HOUSE. 859 passed this House that he did not favor, nor am I able to recall Speaker named for us the men who filled the· places on our that prior to the Sixty-first Congress any bill ever came to a committees. I will not call names, but I have seen the strongest vote in this H.ouse unless the Speaker favored if:. I do recall Republicans in this House put upon committees, and then I that Hon. David .Mercer went to him with a petition signed by haye seen the ruiuority of it packed-I use the word advisedly­ more than 300 Members of this ~ouse, 312, I believe, out of a " packed" with men, good men though they were, that were membership of 387, went into his room out here and asked him known by the Speaker not to represent the Democracy, to write to allow a certain bill to come to a vote which more than 300 the tariff and other bills in this House. The gentleman from Members had said over their signatures that they favored. The Illinois [.Mr. CANNON] has been discussing this question. I Speaker said : would like to have him explain to this House how he can As long as I am Speaker of this House a vote shall never be had upon justify such action. that mensure. Mr. GARNER. Mr. Speaker, I RSk unanimous consent to ad­ The SPEAKER. The time of the gentleman from Missouri dress the Democratic side of the House for five minutes. has expired. The SPEAKER. The gentleman from Texas asks unanimous l\lr. SHACKLEFORD. I ask for five minutes more. consent to address the House for five minutes. ls there ob­ l\lr. CANNON. Mr. Speaker, I ask that the gentleman may jection? [After a pause.] The Chair hears none. have fh·e minutes, and I will ask the gentleman to yield to me Mr. MONDELL. Will the gentleman yield to me for a ques­ for a question. tion? Mr. SHACKLEFORD. I do for a question. Mr. GARNER. Yes; for a question. The SPEAKER. Is there objection to the request of the Mr. .MO:NDELL. The gentleman said he desired to address gentleman from. Illinois. [After a pause.] The Chair hears the Democrats. Does the gentleman desire the balance of us none. to withdraw? l\lr. CANNON. Mr. Speaker, the gentleman has made a state­ l\fr. GARNER. The gentleman is at perfect liberty to with­ ment touching a petition covering an omnibus public-buildings draw if he desires. [Laughter and applause.] bill, signed by :Members of the House, asking, as I recall it, for l\lr. MOXDELL. I want to know if the gentleman insists a recognition on a motion to suspend the rules and pass the upon our retiring? bill; and my reply was that the House had the power any day Mr. GARNER. I made no request for the gentleman to re­ to consider that bill under the rules of the House and that I tire, but he can do so if he desires. That is my proposition. would not recognize the motion to suspend the rules. [Laughter.] · Mr. SHACKLEFORD. l\lr. Speaker, the best information I Now, l\fr. Speaker, since I have been a l\Iember of this House ha-.e as to the history of that bill was written by Mr. Busbey, this side of the House has been clamoring for a change of tlle who was at that time pri-.ate secretary to the Speaker. I have rules that gives us an opportunity to control the membership kaown him a long time, and I have always credited him with of committees. At the beginning of this session we declared being a truthful man. He said that 1\lr. Mercer said: Mr. Speaker, if you do not nllow us to have a vote upon this when that we would take the power from the Speaker in the ap­ a majority favors it, we are obstructed by a one-man rule, and that pointment of committees and lodge it in the House of Ilepre­ the man that we elected Speaker. sentatives itself. We also declared to tile country and through That in reply the Speaker said: our caucus, but not in the rules, the mode by which we would No; you are not. You have your remedy. A majority of the House select the membership of the committees on this-Democrati~­ elected me Speaker, and the same majority can remove me and elect side of the House, and· we also had a division, as some of you another in my place; but as long as I am Speaker of this House that bill shall not come to a vote. will remember, as to the manner in which we would select. I do not know whether Mr. Busbey's article is true or not, members to act upon committees from that-Republican-side but it was published in a magazine over the signature of Mr. of the House; and it was finally determined, over the protest Busbey, who was private secretary to the gentleman from of some of the Democrats, that we would permit the Republi­ Illinois rl\-lr. CANNO"], and up to this date I had supposed it cans to select the minority members of the committeecs as might to be true. seem to them best. Mr. CANNON. I have given, if the gentleman will excuse Mr. MANN. Mr. Speaker, will the gentleman yield? me, the exact facts. I do not recollect the article that the The SPEAKER. Does the gentleman from Texas yield to gentleman says :Mr. Busbey wrote, and if he stated anything the gentleman from Illinois? different from what I stated he was mistaken. Mr. GARNER. Certainly, although I have got only firn :Mr. SHACKLEFORD. Be that as it may, Mr. Spenker, I did minutes. not rise to indulge in personalities. I am discussing an issue. Mr. :1\IANN. The gentleman has not got anything except by It is up to tJ1is American Congress to stand up in behalf of the unanimous consent. American people and see that the naming of the l\Iembers on .Mr. GARNER. I have that much time at least by unanimous that side to fill Republican places on the committees shall be consent. in accord with the wishes of a majority as expressed in a free Mr. MANN. I -understand that the action of the Democratic conference of Republicans. When they say whom they favor caucus was that the minority side would have the right, so far I am for that man. as the Democratic side is concerned, to select the members to In addition, I want to say to my good friend from Nebraska fill minority places. [:Mr. NORRIS], whose principles usually sound good to me, "Gird l\Ir. UNDERWOOD. There was a resolution pas ed in the up your loins, stand out in the open; get those together who Democratic caucus authorizing the minority to select its own believe as you do; get those together who do not believe as committees, subject to -the approval of the Committee on Ways these standpatters do. If there are 10 of you or 8 of you, and Means. call a conference and select for yourselves a man and I will l\lr. MANN. Yes. That is quite a different thing. furnish one vote to help elect him, and I believe that this stal­ Mr. UNDERWOOD. The roposition of the gentleman from wart Democracy here, seeking to carry out the principle which Illinois in the present case was yesterday submitted to the Com­ we represent, will give enough votes to elect him. If you want mittee on Ways and Means and appro\ed by them as a. com­ the gentleman from Kansas [Mr. MURDOCK], in my opinion it mittee. is in your power to get him. Step out and recommend him, Mr. MANN. That is what I understood all the time, but I did bring in a report to that effect, and we will giYe you votes not understand that any such action was taken as was statecl enough to put him through. just now by the gentleman from Texas, which is quite u dif­ l\Ir. NORRIS. Will the gentleman yield? ferent proposition. Mr. SHACKLEFORD. I will. l\lr. GARNER. l\:Ir. Speaker, I submit that the proposition 1\Ir. NORRIS. Rule X provides that tl}ese men shall be is in its simplicity the right of the illinority to select their own elected by the House. The matter is before the House now. memb~rs of committees. That is the principle. Let us put it Exercising the right of a Member, I move to elect the gentle­ in practice. Has there been an occasion thus far wbeu the man from Kansas [Mr. MunnocK]. Committee on Ways and Means has refused to accept a nomina­ Mr. SHACKLEFORD. Which is perfectly proper. tion mnde by the gentleman from Illinois? Mr. NORIUS. That is a privilege I have as a Member. l\Ir. MA.l~N. Mr. Speaker, will the gentleman yield? l\fr. SHACKLEFORD. That is undoubtedly so. Mr. GARNER. Certainly. l\1r. NORRIS. I will not require that a man go to a caucus, Mr. l\IANN. There has been no such refusnl. but. on the or to a leader, whether or not he is appointed by a caucus, or other hand, all suggestions which have been made with refer­ self-appointed, or whatever he may be, by exercising my priv· ence to the appointment of minority members of committees liege ns a l\Iember. I was elected as a l\Iember of the House have by me, as representing the minority, been mnde to the of Representatives, not as a member of some party caucus. ehairman of the Committee on Ways and Means, representiug Mr. SHACKLEFORD. That is absolutely correct. But we the majority of the House. I adopted that practice hecam:;e I · over here complained in the days gone by that a Republican understood that w:as the practice required by the Democratic 860 CONGRESSIONAL RECORD-ROUSE. JANUARY llf

caucus,. and it seemed to me to be a reasonable requirement. I comes up, toi vote "present," and in that way present to the miglrt have made no motion to elect, but t ha.ve the same rlgbt · country in h·uth and substance the fact that this being solely to ma.ke a motion of that kind as the gentleman from Alabama a Republican matter, Republicans may decide it by their votes has. I ne\er offered: to elect minority men; I have made no and that there is. no obligation on our part. such motion at any time, but, on the contrary, have followed Mr. GUDGER. Will the gentleman yield? what seemed to me to be an orderly and proper requirement of Mr. GARNER. I will yield. the Democratic caucus. The minority side did not have the .Mr .. GUDGER. When the Democratic caucus agreed that the right to select its own members, but to recommend them~ mmor1ty should select their members of this committee and that l\fr. GAR!\-"'ER. Yes; and those recommendations have been action was approved by the Ways and Means Committee of tile universally accepted by the chairman of the Committee on Ways Democratic Party, then when the minority leader has selected ~~go~.eans, and those recommendations have peen put into exe- these committeemen and the Ways and Means Committee of the Democratic Party have agreed to that selection would it not l\Ir. l\IANN. The gentleman means by the Democratic mem- be a sitting down on the Democratic Ways and ireans Commit- bers of the Committee on Ways and Means? tee by its own party if we should refuse to T'Ote on such ocea- l\1r. GARNER. Yes; by the Democratic members of the Com- sions as this? In other words, are we not estopped from deny­ mittee on Ways and l\leans and the Democratic Members of · this House. But, Mr. Speaker and Members on this side of the mg tllat these committeemen have been selected by the propc1· House, we have a different proposition before us to-day. method, because the Ways and Means Committee- have agreed that they have been properly selected? Mr. NORRIS. lUrL Speaker, will the gentleman yield there l\lr. SHACKLEFORD. Will the baentlcman let me h!>Ve n for a question? word right there? Ll ... Mr. GARNER. In just a moment. We have a proposrnon before this House now where the views of the min-0rity ure Mr. GARNER. I yield to the gentleman from Missouri disputed, where there is a question as to- wh€ther they repre- Mr. SHACKLEFORD. I want to inform the gentleman from sent the views of that side. That relieves us of a responsibility North Carolina that the Democratic: caucus, at the request of in this: That if we as a unit vote here for the nominees of the members of the Ways and lUeans Committee, adopted a that side of the House-- resolution declaring all we could do was to nominate. We The SPEAKER. The time of the gentleman from Texas has have no power to name anybody upon a committee. A resol11- expired. tioii was adopted at our own request declaring that all we • Mr. MANN. Mr. Speaker, I ask unanimous consent that the could do was to recommend to the caucus. gentleman's time be extended five minutes. Mr. GUDGER. Then, I want to ask the gentleman from The SPEAKER. The gentleman from Illinois asks unani- Missouri this · question: Did not the Ways and l\leans Com­ mons consent that the time of the gentleman from Texas [Mr. mittee of the Democratic Party exceed their power when they GARNER-] be extended fiye minutes. Is there objection? confirmed the appointments made by the leader of the Ilepub- There wa.s no objection. Hean Party? Mr. GARNER. I am obliged to the gentleman from Illinois. M~. NORRIS. Did not the Ways and Means Committee abso~ Now, if the majority accepts the recommendations of the lutely nullify the rule when they did that? minority leader and supports l\Ir. CAMPBELL~ how do we know,. The SPEAKER. The time of the gentleman from Texas and how is any Member of this House t~ know, that Mr. CAMP- [Ml'. GARNER] has expiredr BELL represents a majority over there on that side and that he Mr. POU. Mr. Speaker, I ask unanimous consent that the 'is their choice for this committeeshir>? If we refrain from gentleman from Texas have five minutes more. T'oting and answer present,. we thereby permit the minority The SPE.\KER The gentleman from North Carolina asks by a majority vote to select a member of the Committee on unanimous consent that the gentleman from Texas [Mr. Rules,. and in this way put into actual practice what we- GARNER] have five minutes mor~ Is there objection? Democrats-have been advocating these- many years and what There was no objection. we in caucus at the beginning of this session said ought to be Mr. GARNER. Mr. Speaker, I should like to bave order. the policy. I belleve that is what the Democrats ought to do. The SPEAKER. The House will be in order. Members They ought to say to you, '-'Fight it out over there," and let will take their seats. The Sergeant at Arms will clear the you elect whomsoever you please by a majority on that side, aisles. the Members on this side answering " present" and acquiescing l\lr. GARNER. Mr. Speaker, I submit to every Democrat in in your action, so that whoever you elect may serve as n mem- this House that this is no fight of ours. [Applause.] ber of that committee. I submit to· every Democrat in this House that if it is the cor- 1\Irr NORRIS. l\lr. Speaker-- rect policy~ if it is the judgment of this side of the House that Mr. (}ARNER. I yield to the gentleman from Nebraska for the minority should have the right and that it ought to have the a moment. . right-and I want to say for one member of the majority that l\Ir. NORRIS. I want to ask the gentlemtln this question: the· minority ought to ha.ve the absolute right to select its mem­ Would not the program that seems to haT'e been carried out, bership the same as we select ours-if we believe in that, if we which I · did not understand until it was announced, between are conscientious when we say that the minority should have the gentleman from Illinois [Mr. MANN] and the gentleman the right in its own way to select its members, then. in an :i:n­ from Alabama [Mr. UNDERWOOD] as to the method of selecting stance like this~ when two men are nominated from that side these committees absolutely nullify the rule which provides of the House, hmv can we better carry out the principle than that these committees shall be elected' by the-House itself? If to refrain from voting and let the Republicans settle it among that program is carried out, does it not follow that while the themselves? - rule is there in black and white yet no man has the right to Mr. PA.LUER. Will the gentleman yield? make a motion to elect anybody under that rule unles,s his l\lr. GAR1'...:ER. Certainly. proposition go'es through the formality that seems to hat"e been Mr. PAL11Elt. Would not the logic of that proposition lead adopted by some caucus or conference? you to this, tha.t the- Revublican minority having decided th!tt l\lr. GAR}..1ER. Mr. Speaker, this would still be complying its leader shall name the members of tbe committee for the with the rule and electing a member of a committee by· the minority party, we are bound by the expression of the will of House, but it would be virtually depriving a minority of the the minority to accede to the leaderts nomination 1 minority on that side of the House of the opportunity of con- Mr. GARNER. I do not think so, for thrs reason: How are testing with the majority as to the qualifications of two Mem- we to know that tbe majority of the Republicans are in favor bers on that side of the House. If the entjre membei·ship of of the nomination made by the minority leader? I do not know this House is to follow tile recommendations of the minority myself, und I therefore shall refrain from casting my vote. I leader without the Republicans first having had a caucus to· believe it ought to l:>e the right of that side of the House to determine what the majority of tho e on that side may wish, select its own member , and I will not interfere with the it virtually prev-ents a minority of the Republicans from con- responsibility of the minority in selecting the membei·s of the testing with the majority as to wilo shall go on these respective committee. committees. Now, let me illustrate it j:ust for a moment: Let Mr. BARTHOLDT. Will the gentleman yield? us suppose, for the sake of argument, that the gentleman from l\Ir. GARNER. I will. Kansas [Mr. MURDOCK] is the choice of a majority ot that side Mr. BARTIIOLDT. The question as to whether the gentle- of the House, but if we over here as a unit favor Mr.. CAMPBELL man from Kansas, Mr. CAMJmELL, or the other gentleman from and vote for him, that ele fol­ po ition that it is not his trouble, but his impartial duty to lowing a communication from the Democratic caucus, the ques­ vote "present" until they agree among themselves. [Applause tion was pre ented, .and it was agreed by caucus action that the on the Democratic side.] Republican candidate for Speaker-the minority leader-should Ur. GRAY. l\Ir. Speaker, I ask unanimous consent to ad- make the recommendations f01· minority appointments upon dress the House for two minutes onlv. · committees. J understood in communications ..with the gentle­ Th e SPEARER. Is there-objection? man from Alabama [Mr. UNDERWOOD] tha.t the Democratic cau­ 'l'b re was no objection. cus had taken the -position that the Republican side of the House Mr. GRAY. .Mr. Speaker, the most despicable treachery might select the minority members of the committees unofficially, known to human warfare is deserting an ally and surrendering subject to the approval of the Democratic members of the Com­ him o-rer to his enemies. The insurgent Republicans have been mittee on Ways and .l\Ieans. our allies. They left their party at the hazard of their po­ Of course, we all andersta.nd the rule that there shall be an litical fortunes and lives to aid us in carrying out reforms election by the House, and the motion by way of amendment which we claimed were vital to the welfare of the people. I now offered by the gentleman from 8ebraska f Ml'. NORRIS] is condemn this bipartisan movement, and I characterize this entirely in order and is conformable to the rules of the House. 862 CONGRESSIONAL RECORD-HOUSE.- J .ANU.ARY 11,

I so far ha·ve made recommendations to the gentleman from individual ability and his standing on this side of the House Alabama [l\Ir. UNDERWOOD] as the chairman of the Committee and in order to ease up the situation as 0 to other committeo on Ways and Means, and on the original recommendations for appointments. minority vlaces went before the Democratic members of the Let me say to the gentlemen on the other side of the aisle, Committee on Ways and Means with a Ust which I had sub­ and particularly to my friend from Missouri [l\1r. LLOYD], who mitted for explan~tion, if explanation '\\US desired. It is no a while ago apparently seemed to indicate that the present situa­ easy matter to select the committee positions in a great body tion was very different from what it was before, under a. like this. The gentleman from Nebraska [Mr. NORRIS] a few former Speaker, when the minority was not permitted, as he moments ago made an erroneous statement in saying that in says, to absolutely fill the places, I recognized the right, and making my selections I had endeavored to compensate certain believed it ought to be exercised, of the majority side of the Members of this House for Jack of committee assignments in a House being responsible, because they were in control, and of previous Congress. the right on either side, either through the Ways and l\f eans When I was selected as minority leader of the House it was Committee or on the floor, to change designations made either with the statement made at the caucus after the selection was by the minority leader, or the minority through caucus or made of myself that I did not desire to be the leader of a otherwise. factional party or of a faction of a party, and that in waking The SPEAKER. The time of the gentleman bas expired. selections of minority Members of the House for committee Ur. BARTLETT. l\ir. Speaker. I ask unanimous consent places I had no one to punish, that I should have in mind only that the gentleman may have five minutes more. the best interest of the country and of the minority party. The SPEAKER. The gentleman from Georgia asks that the [Applause.] In making those selections it was necessary for gentleman from Illinois [l\1r. i\IANN] may have five minutes me to take many l\Iembers of former Houses off of committees more. Is there .objection? [After a. pause.] The Chair Ilea.rs which they had formerly occupied. The' CommiEtee on Rules none. was a problem, and I am somewhat surprised that the gentle­ Ur. l\IANN. When the matter first came up, and we were man from Missouri should now be under the impression that notified on our side of tlie Honse that the list of recommenda­ the so-called Republican insurgents had no l\fember on the tions of the minority should be submitted to the Democratic Committee on Rule , because the yery able and distinguished members of the Ways and Me~ms Committee, thereby continuing gentleman from Wisconsin [l\Ir. LENROOT] is a member of the their right under the rules to select our candidates for minority Committee on Rules, and wherever placed is an able representa­ places, there was some qnestion in my mind and in the minds tive of any faction or any party. [Applause.] In the selection of other Members on this side of the House whether we should of the minority places I recommended the appointment or elec­ not do as the former minority had done, namely, reject the tion of l\Ir. l\Iadison and the gentleman from Wisconsin [Mr. proposition :rnd leuye the majority to select the minority mem­ LENROOT] on the Committee on Rules. Both were so-called bers of the committee. I am frank to say that I think the Republican insurgents. That was a proportion of the mem­ better sense premiled, and we accepted the proposition that bership far in excess of the proportion of the membership on we should recommend to the Democratic members of the Com­ the floor of the House, but I did not regard proportions. I mittee on Ways arid l\Ieans the minority places, and that tho was not considering that when I made the recommendation Democratic members of the Committee on Ways and Means for the appointment of the so-called insurgents that I had to should practically be the ones who should make recommenda­ even it up by the appointment of a so-called regular or in tions to the House for the election of members. making the recommendation for the election of a so-called When the first election of committees came up I could have regular that I had to even up by the selection of a so-called offered a motion, having the same right to the floor as the insurgent. I would not undertake such a task as that [Ap­ gentleman from Alabama, fixing · the list of the minority com­ plause.] I desired to treat all fairly and I endeavored to do so mitteeships. I did not offer such a motion, took no exception to the best of my ability. The gentleman from Kansas [l\Ir. to the position of the Democratic caucus or the Democratic CAMPBELL] in a previous Congress was on three committees, Ways and Means Committee, and hav-e receiYed so far every the Committee on the District of Columbia, the Committee on consideration both from the chairman of the Ways and Means Indian Affairs, and the Committee on Banking and Currency. Committee and the Democratic members of that committee. On the Committee on Banking and Currency was also the Now, l\Ir. Streaker, a word more. I do not ask the election gentleman from Delaware [Mr. HEALD], who was the eighth to any committee place of any Member recommended by me llepublican upon that committee, and, as we could only place by the Democratic side of the House. If the majority of the seven Republicans on the committee, l\Ir. HEALD's name was Republicans in this House do not stand by my recommendation dropped from the list, much to his disappointment. I took .Mr. I do not want my recommendation to go through [applause]: CAMPBELL off the Committee on the District of Columbia, because if ! do not, as the leader of the Republican side of where he would have been the ranking member, and left him the House, have the confidence of the Republican side of the upon the Committee on Banking and Currency and the Com­ House, I prefer to know it. [Applause on the Republican side.] mittee on Indian Affairs. When .Mr. Madison passed away And I hope that when the roll is called the gentlemen on the it was a question in my mind as to the selection of a Republican Democratic side of the House will either vote "Present" or l\Iember to take his place. I canvassed the situation in my not vote at all upon the first roll call and let it be known that mind, talked with some of the Members of the House with in the election of a Republican Member to a committee a ma­ regard to it, and have been free to talk with any Member jority of the Republicans shall determine the matter. I am since the beginning of this session of Congress in regard to it. quite content to leave my leader..,hip to the judgment of the The gentleman from Kansas [Mr. MURDOCK] is a valuable Republican side of the House. [Applause on the Republican member of the Committee on the Post Office and Post Roads. side.] He would not wish to leave that committee. I finally suid to l\Ir. UNDERWOOD. Mr. Speaker, unless some gent1ernan l\Ir. CAMPBELL, of Kansas, that I had him, as far as I was desires to debate further, I- would like to close it. concerned, under consideration, and asked him whether he l\Ir. NORRIS. I ask unanimous consent for five minutes. would be willing to lea\e the Committee on Banking and The SPEAKER. The gentleman from Nebraska [l\Ir. NORRIS] Currency in order to go on the Committee on Rules, and if asks unanimous consent for five minutes. Is there objeclion? that was done I could take care of the gentleman from Dela­ There was no objection. ware [Mr. HEALD] on the Committee on Banking and Currency. Mr. NORRIS. l\Ir. Speaker, it seems to me that we can The gentleman from Delaware was also desirous of going well consider at this point whether Rule X of the rules as on the Committee on Naval Affairs. The newly elected l\fember now existing means what it says. Under this rule of the from New Jersey [Mr. BROWNING] was also desirous of going House committees are to be selected by the House. I am not to the Committee on Narnl Affairs. censuring the man who does not belie>e in that or believes they I desired to accommodate as many Members of the House ought to be selected by a caucus or n. leader. I concede your as possible, and in the end I made the recommendation by pre­ honest right to that opinion, but while I give that to you I senting the resignation of Mr. HEALD from the Committee on claim the privilege myself to hold a different view. I do not Coinage, Weights, aDd Measures, in which place the new Mem­ believe they ought to be selected by a cu ucus. I do not believe ber from New l\fexico has already been elected. The resigna­ they ought to be selected by a minority leader. I am not tion of Mr. CAMPBELL, of Kansas, from the Committee on Bank­ finding fault, either, with the men \Yho believe in a caucus as ing and Currency was presented and Mr. HEALD was placed in it exists or in the minority lea.cler, but I want to exercise my that position and he has now been elected by the House a mem­ right as I believe it to exist under the rules and my member­ ber of the Committee on Banking and Currency. I believed ship here, to make a motion on the floor of the House to do then, as I still believe, that, taking everything into consideration, what the rules say we can do. It seems tbat the e com­ the appointment of the gentleman from Kansas on the Com­ mittees hav-e been selected by the minority Jeader, s ~Jbmitting mittee on Rules was a wise appointment, both on account of his them private1y to the chairman of the Ways and l\Iea.ns Com- 1912. CONG-RESSIONAL_RECORD-ROUSE. 863 mittee and tben the Ways and Means Committee passing on on this side of, .the: House before I made the statement-that it them. The rules do not provide for that. The rules say that they stood out as a separate organization. tbey should name they shall select them in the House. If that is right, if the their proportionate share of places for committee appointment. rule is right, then every man who has so far shown a bi~er­ There is no man. in this House who can deny that statement. ness against me for making this motion ought to apologize, I further told them that if they went into the Republican or­ because if that rule means what it says, I am e:x:et>cising my ganization we would recognize that organization, and they must constitutional privilege under that rule. come to us, in that case, through the mouthpiece of the organi­ Mr. SHAGK.LEFORD.. May I ask a short queBtion? zation to which they held allegiance. [Applause on the Demo­ Mr. NORRIS, Yes. cratic side.] Mr. SHACKLEFORD. Did the Republican caucus confer Now, that was. right; that was fair; that was just. We upon the minority leader the authority? would gladly-- Mr. NORRIS. I as~mme it did. I was not in any caucus 1\Ir. ~ORRIS. Mr. Speaker, will the gentleman yield for a where it did. And I do not believe· in that kind of party gov­ suggestion?- ernment. 1 do not believe in caucus rule, and it is just as bad Mr. UNDERWOOD. Yes. whether it is exercised by the caucus itself or exercised by the Mr. NORRIS. Nobody is coming to you now as un organi­ caucus conferring the power on somebody else. And believing zation asking anything. that way,. I claim the right to exercise these privileges which l\lr. UNDERWOOD. Wait a moment. I am coming right to the nule gives me-. that proposition. If we treated them fairly an

Democratic leader, but would leave it entirely to the Repub­ do what is fair, what is just, and what is right, and it always licans to sny whether they wanted it will so far as I can help to carry it out. [Applause.] Mr. UNDERWOOD. I am coming to that. I do not regard Now, I want to s:ay that it is true that this House has the that as a reflection, but there is a more important thing. right to elect its committees, but we have recognized in our own ~r. JACKSON. Now, will. the gentleman yield? · caucus that it should be done along party lines. It is trne that The SPEAKER. Does the gentleman from .Alabama yielcl to if one party, or one set of men, were so dictatorial, so unfair, the gentleman from Kansns? and so unjust that they were not doing the fair and proper · Mr. UNDERWOOD. I will yield for one question. thing, or were putting bad men on committees, the mnjority of l\fr. JACKSON. Is it not h'ue that Speake1· CANNON repre­ the House could break down party lines and elect their men, sented tile majority of his party when he named the committees but that is not the case here. It is merely a question of whether on tilis side? we recognize the organization of the Republican Party acting 1\Ir. UNDERWOOD. Certainly; and he had a right to name as an organization. They are responsible for it; if tlley are your members of the committees, because you ga-rn him the au­ putting up the wrong men, upon them rests the responsibility. thority; but we never recognized that he had the right to name Now, there is one thing more I want to say in reference to our places and put on the committees men who did not meet Democrats not i;-oting. When you met in the Democratic caucus with our approval .. of the House you did not tell me to go to the gentleman from Mr. BURLESON. Men who misrepresented us. Illinois [Mr. 1\1.ANN] and tell him to elect his own committee­ Mr. ID\"DERWOOD. And we are standing for that same men. No; you told me by your resolution to inform the leader principle right now. of the Ilepublican Party that he could make, or his party Mr. JACKSO... . i Tow, if, by your vote or silenc~ could select in such way as they saw proper, nominations to the Mr. UNDERWOOD. Please ask your question, and do not Ways and Means Committee, for their approval first, of the argue it. membership of tile committees on that side of the House; and l\fr. JACKSON. I will ask my question if you will permit that was very proper, because somebody has got to determine me to do so. how these members of the committees can be selected. We, as 111r. UNDERWOOD. Then I will not yield. the majority party, are responsible for the legislation of this The SPEAKER. The gentleman declines to yield. House. We must see that these committees are made up in Mr. UNDERWOOD. 'rhe principle we are standing for is 'vorkable form, that three or four or five men are not put on it your right 1.o_ be represented as a minority, as you want to be, from one State, that manifestly objectionable men are not put on the comm1 ttecs. on it; we have to retain that check. Now, you sit in your seats l\Ir. JACKSON. I wish the gentleman wouid yield. to-day and accept the proposition that the leader of the minority Mr. UNDERWOOD. I \Till yield if you will ask your ques­ offers to you; you sit silent and let his side of the Honse deter­ tion, but not argue it. mine who shall be elected on these committees without your . ' Mr. JACKSON. I wns asking it as fust ns I could. If yon votes, and you surrender absolutely in this precedent tho right insist on your organization Yoting as an organization to ap­ to control the minority representation on the floor of this pro-rn the selection of tbe party leader on this side, merely be­ House or having any future say so about it. cause lle is the party 1eader, do you not in effect appro-:e the l\Ir. GARNER. Will the gentleman yield right there? rule which you say you refused to approve when Speaker CAN­ Mr. UNDERWOOD. Certainly. NON named the committees? Mr. GA.TINER. Then, according to the gent1eman's logic, our .Mr. UNDERWOOD. No; I c1o not. The responsibility as to agreement in caucus to select the men the Ways and Means bow you shall act, wbetber you allow 1 man to select your Committee appwred, nominated by the minority leader, pro­ committees or whether you allow 14 men. to select your com­ hibits us from Yo ting for anybody except l\fr. CAMPBELL? mittees, as this side of the Hoose does, is a question for your Mr. UNDERWOOD. I do not say that. If there is any caucus; and we agreed to accept the findings or the result Member on the floor of this House who thinks that the recom­ coming from your caucus. mendation made by the gentleman from Illinois, the recom­ Now, here is the reason why I say that the gentleman from mendation appro-ved by the Ways and Means Committee, is one Nebraska has no standing on this floor in his motion. It does unworthy of this House, then he has the right to vote as be not appe!lr that he has ever gone to the gentleman from Illi. pleases, but I say the responsibility rests wi th you, and it is nois, the leader of the minority, and been turned down by him not our place to surrender it to the minority. [Applause.] and appenled to a caucus of his side of the House. - [Cries of "Vote!" "Vote!"] Mr. .NORRIS. Wiil the gentleman yield? l\Ir. NELSON. Mr. Speaker, I ask unanimous consent that Mr. UNDERWOOD. Yes. the gentleman from Alabama ha-re one minute more, and that l\Ir. NORRIS. Does tlle rule under which we are operatin" he yield to me for a question. proYide iliat I shnll go to tlle minority leader and then appeal Mr. SHERLEY. Mr. Speaker, I object. to a caucus? The SPE.A.KEil. The gentleman from Kentucky objects. l\Ir. UNDERWOOD. I am coming to that. If you gentlemen The vote will be taken on the substitute of the gentleman want to organize a separate party, we will recognize your from Nebraska [Mr. NoR.Ris], substituting the name of Mr. party and gi"rn you as full recognition as it is possible for us 1\luRDocK, of Kansas, for the name of Mr. CAMPBELL, of Kansas, to do. Bnt, as I say, the gentleman from Nebraska has not as a member of the Committee on Rules. gone to a Republican caucus in an appeal from the decision of Mr. MANN. Mr. Speaker, upon that I demand the yeas and tile leader of the minority. nays. Tbe SPEAh.~R. The time of the gentleman from .Alabama Mr. NORRIS. Mr. Speaker, I demand the yeas and nays. has expired. Tlle yeas and nays were ordered. l\Ir. UNDERWOOD. l\fr. Speaker, I would like five minutes The SPEAKER. Those in favor of electing Mr. MURDOCK more. will, as their names are called, answer aye, and those opposed The SPEAKER. The gentleman from Alabama asks unani­ will answer no. The Clerk will call the roll. mous consent that his time be extended five minutes. Is there The question was taken; and there were-yeas lOG, nays 167, objection? answered " present" 33, not Yoting 85: · There was no objection. YEAS-lOG. Mr. UNDERWOOD. Re has not gone to the Republican cau­ AWn, N. Y. Cox. Ohio Gregg-, Pa. Maguire. Nehr. cus and made an appeal, where he had the right to appeal. The Allen Cullop Hamlin Martin. Colo. Anderson, Minn. Daugherty IT!lo~en Morse, Wis. gentlem:rn from Nebraska knows how this House is organized; Ans berry Davis, Mi nn. Helgesen Moss, Ind. lle knows that the gentleman from Illinois submits. under your Ashbrook Dickinson Helm Murray rule, his nominations to the Democratic members of the Ways Bathrick Difcnderfer Hensley Nelson Beall, Tex. Donohoe Houston Norris and l\ieans Committee. The gentleman from Nebraska has Bell, Ga. Doremus Howard Oldfield ne,er appeared before the ·ways nnd l\Ieans Committee-your Roober Edwards Hubbard o· hauncssy representatives-and made any protest, but he makes his pro- Borland E sch HughPs. Ga. Pepper Brown Eva!ls .Jackson Post test for the first time on the floor of tllis House. Buchanan Faison · Kon op Prouty Mr. NORRIS. Will the gentleman ~ield? Burke, Wis. Ferris Latl'Prty naker Mr. UNDERWOOD. Yes. Burnett l!"'owler La Follette fippg Candler French Lee. Pa. Reilly Mr. NORRIS. Under the rule. is not that the place to rr:ake Carter George Lenroot Roddenbery it? The rule does not say anything about an appeal to the Com­ Cary Glass Lewi5 Ronse mittee on Ways and Means or the caucus. Claypool Godwin, N. C. Lindbergh Ru bey Collier Goodwin, Ark. Linthicum Rucker, Colo. Mr. UNDEUWOOD. The responsibility for the organization Cooper Gray Lobecl;: Rucker, Mo. of this House rests with the majority. The majority should Cox, Ind. Green, Iowa McHenry Saba th 1912. - CONGRESSIONAL -RECORD-HOUSE. 865

Sherwood · Stone Underhill Witherspoon Commencing December 13 : Sisson Sweet Warburton Woods, Iowa 1\Ir. TALBOTT of Maryland with Mr. PARRAN. Smith, N. :r. Thayer Webb Young, Kans. Smith. Tex. Thomas WWtacre· Young, Tex. The result of the vote was announced as above recorded. Stedman Tribble White The SPEAKER. The question is on adopting the resolution Stephens, Cal. '.l'urnbull Wilson, ra. offered by the gentleman from Alabama. N.AYS-=--167. The question was taken, and the resolution was adopted. Adair Draper Konig Plumley On motion of Mr. UNDERWOOD, a motion to reconsider the T"Otc Adamson Driscoll, M. E. Korbly Powers by which the resolution was passed was laid 9n the table. Ainey Dyer Lafean Pray Ames Farr Lamb Prince DISTRICT OF COLUMBIA ~PROPRIATION BILL. Anthony Fergusson Langham Redfield Austin Fitzgerald Lawrence Richardson 1\Ir. BURLESON, from the Committee on Appropriations, re­ Ayt' P-S l!'lood, Va. Legare Roberts, Mass. Barchfeld Floyd, Ark.. Levy Rodenberg ported the bill (H. R. 17681) making appropriations to provide Bartholdt Fordney Lloyd Rothermel for the expenses of the government of the District of Columbia Bartlett - Fornes Loud Scully for the fiscal year ending June 30, 1913 and for other purposes Berger Foss McCall Sells 1 Bingham Gallagher McCoy Simmons (H. Rept. 227), which, with the accompanying papers, was Blackmon Gardner, Mass. :McCreary Slayden referred to the Committee of the Whole House on the state of Bowman Gardner, N. J. McDermott Slemp the Union and ordered to be printed. Braflley Gillett McGuire, Okla. Sloan Brantley Good McKellar Smith, J.M. C. • Mr. BURLESON. Mr. Speaker, I ask that it be printed Browning Greene, Mass. McKenzie Smith, Sarni. W. under the rule, ·and I desire to give notice that immediately Bulkley Griest McKinley Speer after the reading of the Journal to-morrow I shall take the bill Burke, Pa. Guernsey McKinney Stephens, Miss. Burke, S. Dak. Hamill McLaughlin Sterling up for consideration.· Burleson Hamilton. Mich. Macon Stevens, Minn. Mr. MANN. Mr. Speaker, I reserve all points of ot·der on Butler Ilammond Madden Sulloway the bill. Calder Hanna Malby Switzer . Cannon Harris Mann Taylor, Ohio The SPEAKER. The gentleman from Illinois reseryes all Catlin Harrison, N. Y. Martin, S. Dak. Thistlewood points of order on the bill. Clark, Fla. Ilartman Matthews - Tilson Clayton Hay Mays 'Iowner ELECTION OF A MEMBER TO A COMMITTEE. Connell · Heald Mondell 'l'ownsend Conry Henry, Conn. Moon, Pa. Tuttle Mr. NORRIS. 1\Ir. Speaker, I offer the following privileged Copley Henry, Tex. Moore, Pa. Underwood resolution. Crago Higgins Moore, Tex. Utter The SPEAKER. The gentleman will send· it to the Clerk's Cravens Hill Morgan Vreeland Crumpacker Holland Morrison Watkins desk, and the Clerk will report it. Curley Howell Mott Wedemeyer The Clerk read as follows: Dalzell Howland Needham Weeks Resolved, That the Hon. STANTO~ WA.RilURTO~, of Washinl!ton. be, Danforth Hughes, N. J. Padgett Wlldet· and is hereby, e:ected a member of the special committee on the inves­ Dent Humphrey, Wash. Palmer Willis ti~ation of the Sugar Trust. as provided for by House resolution No. Denver Kahn Parran Wilson, Ill. 157, to fill a vacancy on said committee caused by the death of Hon. Dies Kendall Patton, Pa. Wilson, N. Y. El. H. Madison, of Kansas. Dixon. Ind. Kennedy Payne Wood, N. J. Dodd Kinkaid, Nebr. Peters Young, Mich. Mr. U::t\"'DERWOOD. Mr. Speaker, I mo1e to lay the resolu­ Doughton Know land Pickett tion on the table. .A.."N'SWERED " PRESENT "-33. The question was taken, and the Chair announced the ayes Alc1'ander Hardwick Page Sims seemed to have it. Barnl.rnrt Hardy Pou Stanley On a div"ision (demanded by l\Ir. NoRrus) there were-ayes Bates Harrison, Miss. Rainey Stephens, Tex. Burge&s Jones Rauch Sulzer 167, noes 21. Byrnes. S. C. Kitchin Riordan Taggart l\fr. NORRIS. 1\lr. Speaker, I ask for the yeas and nays. Davidson Kop[) Russell Wickliffe The SPEAKER. The Chair thinks the request of the gentle­ Oarner Lee, Ga. Saunders Garrett Le vet• Snackleford man comes too late. Gudger Moon, Tenn. Sherley Mr. NORRIS. I made the demand as soon as the Speaker NOT VOTING-85. announced the result. Aiken, S. C. Estopinal Humphreys, Miss. Pujo The SPEAKER. Fourteen gentlemen have arisen to demand Anderson, Ohio Fairchild Jacoway Randell, Tex. the yeas and nays, not a sufficient number. Andrus 11'ields James Ransdell, La. Boehne l!'inlcy Johnson, Ky. Reyburn So the resolution was laid on the table. B:·oussard Focht Johnson, S. C. Roberts, Nev. Byrns, Tenn. li'oster, Ill Kent Robinson _ORDER OF BUSINESS. Callaway Foster, Vt. Kindred Sharp Campbell Francis Kinkead, N. J. Sheppard M:r. STEPHENS of Texas. Mr. Speaker, by direction of the Can trill Fuller Langley Small Committee on Indian Affairs, I wish to call up the hill H. R. Carlin Goeke Lindsay Smith, Cal. 1405.5, and in that connection ask that it be considered in the Cline Goldfogle Littlepage Sparkman in Covington Gould Littleton Stack House as Committee of the Whole. Currier Graham Longworth Steenerson The SPEAKER. The Clerk will report the bill. Curry Gregg, Tex. McGillicuddy Stephens, Nebr. The Clerk read as follows: Davenport Hamilton, ,V. Va. Mchlorran Talbott, Md. Davis, W. Va. Hawley Maher 'ralcott, N. Y. .A bill (H. R. 14055)-- De Forest Hayes Miller Taylor, Ala. Mr. 1\IANN. A parliamentary inquiry, 1\fr. Speaker. Dick&on, l\Iiss. Heflin Murdock Taylor, Colo. The SPEAKER. The gentleman will state it. Dl'iscoll, D. A. Hinds Nye Volstead Dupre _ Bobson Olmsted Mr. MANN. How does tbis bill come before the House now? Dwight Hughes, W. Va. Patten, N. Y. The SPEAKER. The bill would come up by unanimous con- Ellerbe Hull Porter sent unless the gentleman from Texas moved to go into the So the substitute nomination was rejected. . Committee of the Whole House on the state of the Union. The Clerk announced the following pairs: Mr. FITZGERALD. How does the gentleman call up the For the session : bill at all, Mr. Speaker? l\1r. RIORDAN with Mr. ANDRUS. Mr. STEPHENS_of Texas. If there is any objection to it Mr. FINLEY with Mr. CURRIER. I will ask that. Until further notice: Mr. .MANN. A parliamentary inquiry? l\!r. FOSTER of Illinois with Mr. KOPP. Tbe SPEAKER. The gentleman will state it. Mr. DUPRE with l\lr. REYBURN. Mr. MANN. Is it in order now to move to go into the Com­ Mr. CANTRILL with Mr. DE FOREST. mittee of the Whole House on the state of the Union ; the Mr. HOBSON with Mr. FAIRCHILD. House has not been on call of committees for one hour. l\Ir. JACOWAY with Mr. . FOCHT. The SPEAKER. Tbe point of the gentleman from Illinois On this vote : is well taken. It lacks about 25 minutes of being'an hour. The Mr. DAVIDSON with Mr. HINDS. Clerk will proceed with the call of committees. l\Ir. GARRETT· with l\1r. HAYES. l\Ir. STEPHENS of Nebraska with Mr. l\IcMoRMN. DELIVER~ OF CONDEMNED CANNON TO GRAND ARMY OF THE REPUBLIC. For two days (commencing .January f>): Mr. ANTHONY (when the Committ~ on Military Affairs Mr. SMALL with Mr. l\IooRE of Pennsylvania. was called). Mr. Speaker, I am authorized by the Committee From January 3 to January 21: on Military Affairs to call up Senate joint resolution No. 11 Mr. .JAMES with Mr. LoNGWORTH. on the House Calendar. From January n to balance of week: The SPEAKER. The gentleman from Kansas calls up the Mr. SHEPPARD with Mr. BATES. joint resolution, which the Clerk will report. XLVIII--55 -.

866 CONGRESSIONAL . REOORD-HOUSE. JANUARY lf,

The Clerk read as follows: fer upon the· clerks of district courts the authority to issue writs Joint resolution (S. J. Res. 11) authorizing the Secretary of War to of er~or and to remove all doubts upon that subject. deliver two condemned cannon to the Grand Army of the Republic. l\fr. . ILU!MOND. Will the gentleman yield for a question? Resolved, etc., That the Secretary of War is hereby authorized to de­ l\fr. CLAYTON. I will. liver to the order of Cola D. It. Stowits, quartermaster general of the Grand Army of the Republic, two dismounted, condemned bronze cannon Mr. HAMMOND. The issuan.ce of a writ of error is purely used in the Civil War, to be used by the Grnnd Army of the Republic ministerial, is it not? for the purpo e of furnishing official badges of the order: Provided, l\fr. CLAYTON. Yes. That no expense shall be caused to the United States through the de­ livery of said condemned cannon. Mr. HAMMOND. Under· the new code and under the prior practice, a writ of error must first be allowed by the new di~ ­ 1\fr. Al~THONY. .Mr. Speaker, this is a Senate joint resolu­ tion which calls for an appropriation of two bronze cannon to trict judge, otherwise in the circuit court?- the Grand Army of the Republic. These cannon are to be 1\fr. CLAYTON. Yes. used by that patriotic order for the manufacture of the bronze Mr. HA'!\lliOND. Can there be any question, then, but that button which is the insignia of that orde1·, and I ask that the the clerk of the court allowing the writ may perform the purely bill be passed. ministerial act of writing it out? The joint resolution was ordered to be read a third time, was l\Ir. CLAYTON. Well, Mr. Speaker, I a.m rather inclined to r ead the third time, and passed. · agree with the gentleman in the opinion, but I may say the The SPEAKER. The Clerk will proceed with the call doubt about the authority of the clerk of a district to issue Mr. STEPHENS of Texas (when the Committee on Indian, this writ has come from some of the judges themselves, and Affairs was called). Mr. Speaker, by direction of the Com­ they have expressed the opinion that it would be better to mittee on Indian Affairs, I inove to go into the Committee of clarify the subject by the passage of this bill. If the gentle­ the Whole House on the state of the Union-- man will look at ection 289 of ~e code, he will find that it The SPEAKER. rrhe Chair will state to the gentleman from seems to gi1e this authority to the district clerk, but notwith­ Texas that under this call he can not call up a bill on the standing the provision in the latter part of that section, some of Union Calendar; it has to be on the House Calendar. When the judges of the district courts have raised this question of the Hou e has been engaged an hour on tlle call of committees doubt If tlle gentleman will read cases on the subject, notablY' nt the end of the 60 minutes the gentleman can make his motion this one that I have referred to, of Long v. Farmers State Bank, to go into the Committee of the Whole. he will find that some of the courts are technical. In order to Mr. STEPHENS of Texas. The time has not expired? give the district clerks undoubted authority to issue this WTit, 'rhe SPEAKER. It lacks about 20 minutes of having ex­ to remove all question of authority so to do, this bill passed the Senate and is now before the House, and I think it is in pired. The Clerk will proceed with the call. the interest of good legislation and will prevent controversy AMENDMENT TO SECTION 1004 OF THE REVISED STATUTES. in the courts. Section 289, to which I have referred, is in the Mr. CLAYTON (when the Committee on the Judiciary was following language: called). Mr. Speaker, I desire to can up the bill S. 2509. SEC. 289. 'rhe circuit courts of the lJnited States, upon the taking The SPEAKER. The gentleman from Alabama calls up the effect of this act, shall be, and hereby :ue, abolished ; and thereupon, bill S. 25-09, which the Clerk will report. on said date, the clerks of said courts shall deliver to the clerks of 1.he district courts of the United States for their respective distl"iets The Clerk read as follows : all the journals, dockets, books, files, records, and other books and An act (S. 2509) to amend section 1004 of the Revised Statutes of papers of or belonging to or in any manner connected with said circuit the United States. courts ; and shall also on said date deliver to the clet·ks of said dis- • Be it enacted, etc., That section 1004 of the Revised Statutes of the trict courts all moneys, from whatever source received., then remaining United States be, and is hereby, amended so as to read as follows, to in their hands or under their control as clerks of aid cit·cuit courts, or wit: received by them by virtue of their said offices. '.l'he journals, dockets, " SEC. 1004. Writs of error returnable to the Supreme Court or a cir- books, files, records, and other books and papers so delivered to the cuit court of appeals may 'be issued as well by the clerks of the district clerks of the evera.l distl'ict coul'ts shall be and remain a. part of the courts, under the seal thereof, as by the clerk of the Supreme Court or official records of said district courts, and copies thereof, when cer­ of a circuit court of appeals. When so issued they shall be as nearly as tffied under the hand and eal of the clerk of the distl'lct court, shall each case may admit agreeable to ·the form of a writ of error issued by l>e received as evidenc~ _e9ually with the originals thereof; an? the the clerk of the Supreme Coart or the clerk of a circuit court of clerk~ of the several dtstnct courts shall have the Sll;IDe authority to appeals." exercise all the powers and to perform all the duties with respect SEC. 2. That this act shall take effect and be in force on and after· thereto as the clerks of the several circuit courts had prior to the January 1, 1012. . taking effect of this act. (Judicial Code, effective Jan. 1, 1912.) The following committee amendment was also read: I beg .to read again the la.tier part of this section: Page 2, strike out lines 3 and 4, which ~omprise all of section . And the clerks of the several district courts shall have the same 2 authority to exercise all the powers and to perform all the duties with The SPEAKER. The question is on agreeing to the commit- respect thereto as the clerks of the several circuit courts had prior to tee amendment. the taking effect of this act. The question was taken, and the nmendment was agreed to. Mr. HAMMOND. It seems to me the power to allow a writ Mr. l\IANN. Will the gentleman from Alabama [Mr. QLAY- must carry with it, without the provision the gentleman refers TON] yield for a question? to in the new code, the right of tlle clerk to perform the minis- 1\Ir. CLAYTON. Yes. terial act in administering it. There hardly seems what there l\Ir. MANN. As I understand this bill it is simply to conform can be called a doubt. There may ,be the shadow of a doubt, to the changing of the circuit-court work in lhe different courts and therefore I yield to the chairman of the Judiciary Com- to the district courts? mittee. Mr. CLAYTON. Undoubtedly the gentleman is correct. Mr. CLAYTON. I thank the gentleman for so yielding, and Mr. l\IANN. And confer the same powers upon the district I may say to the gentleman that the suggestion of a doubt on clerks that heretofore the circuit clerks had? this question came from district judges themselyes. The doubt lli. CLAYTON. Yes. I can make you a brief statement seemed to be of such a serious nature as to be worthy of this of it: consideration which was given to it by the Senate Committee Section 1004 of the Revised Statutes authorizes the clerks of· on the Judiciary, and when the question was brought before the the Supre.!lle Court and the c1erks of the circuit courts to issue Judiciary Committee of the House they entertained the same writs of error and does not authorize clerks of district courts to opinion, that it was a doubtful question, and that it was wise do so. In Long v. Farmers' State Bank (147 Fed., .360) it was to remove all doubt about it by the passage of this bill. Mr. held that a writ of error issued by a district clerk was void . . Speaker, I ask for a vote. The new Judicial Code abolished circuit courts and the clerks The SPEAKER. The question is on the third rending of the of circuit courts, but no provision for the clerks of the district amended Senate bill. courts to i~sue writs of error was made, unless the last provi- The question was taken, and the Senate bill as amended was sion of section 289 of the new code covers it About that there ordered to a third reading, and was read a third time. is some doubt, and as some of the courts are very technical they The SPEAKER. The question is· on the passage of the may hold thai. this section does not authorize the district clerks amended Senate bill. to issue writs of error. This bill will remove a.11 doubt on the The question was taken, and the -Senate bill as amended was fmbject and confer the specific authority upon the district clerks. passed. It would be very inconvenient to apply to the clerks of the TRANSFER OF JUDICIAL CAUSES IN ALABAMA. appellate court for the writs in every case. So :for the sake of certainty and convenience this bill ought to pass. The SPEAKER. The Chair lays before the House the fol­ lowing Honse bill with Senate amendments. The Clerk will And the committee has recommended that the second section of the bill, which provided that the bill -should be operative on read the bill by title. the 1st of January, 1912, the bill having passed the Senate last ' The Clerk r ead as follows : An act (H. R. 13196) to amend section 70 of the act entitled "An act summer, and the second section of the bill now being unneces­ to codify, revise, and amend the laws relating to the judiciary, ap- sary, should be stricken out._ And so the bill slmplY. is to con- ptoved March 3, 1911." · 1912. CONGRESSIONAL E.ECORD-HOUSE. 867

The SPEAKER. The Clerk will report the Senate amend­ should be sold together, but I am now and always have been op­ ments. posed to selling the land without reserving the coal and aspha It. The Senate amendments were read. While our committee were investigating Indian affairs in Okla~ The SPEAKER. Is a separate vote demanded on either of homa last year, many Indians came before us and stated that these amendments? they were anxious for the disposition of these lands, but that l\Ir. CLAYTON. l\Ir. Speaker, I move to concur in the Senate they wanted the surface and the coal sold together. Meetings amendments. have been recently held in which they have agreed to have the The SPEAKER. The gentleman from Alabama [Mr. CLAY­ SUl'face sold for agricultural purposes, and the minerals reserved TON] moves to concur in the Senate amendments. The question for leasing under existing law. is on agreeing to that motion. The necessity for opening this land to settlement by selling The question was taken, and the Senate amendments were the surface, as proposed by this bill, is apparent to ernry one concurred in. familiar with existing conditions in Oklahoma. The State of The title of the bill was amended so as to read: "An act to Oklahoma has been organized since this land was segregated. provide for the transfer of certain ca uses and proceedings to There are city and county organizations there to be main· the southern division of the middle district of Alabama." tained by taxation, and the deyelopment of the country and On motion of Mr. CLAYTON, s. motion to reconsider the last towns is held back because of the great amount of Indian lands vote was laid on the tnb1e. reserved from taxation. It is mostly fine agricultural land; and COl-.!. AND ASPHALT LANDS OF THE CHOCTAW AND CHICKASAW if it is thrown open for settlement by selling the surface of NATIONS. the land, as provided in this bill, the Indians will have the bene­ fit of the purchase money and the country will be vastly bene­ l\Ir. STEPHENS of Texas. l\fr. Speaker, by the direction of fited by the settling of these lands to farmers. The sale of these the Comru1ttce on Indian Affairs, I desire to call up House bill lands as provided in this bill iJi 160-acye blocks will, in addition, 14055, and move that the House resolve itself into the Com­ make these lands taxable and the counties and towns wi 11 be mittee of the Whole House on the state o~ the Union for its greatly benefited thereby, because they now get no taxes. at all consideration. from these segregated lands. The white men in these towns The SPEAKER. The Clerk will report the title of the bill. and counties now have to pay all the taxes for running the The Clerk read as follows: schools and for municipal and State purposes, and this taxation A bill (H. R. 14055) to provide for the sale of the surface of the segregated coal and asphalt lands of the Choctaw and Chickasaw Na­ is a great burden on them. Therefore it is of the utmost im­ tions, and for other purposes. portance to the whole State and to the counties that this land .Mr. STEPHENS of Texas. Mr. Speaker, I move that the is situated in that the surface of the land shall be sold and this House resolve itself into Committee of the Whole House on the country developed. It is along these lines and for these purposes state of the Union for the consideration of the bill H. R. 140f:i5. that our committee offers this bill, and we earnestly hope for Tlle SPEAKER. The gentleman from Texas [Mr. STEPHENS] its passage. The terms of the bill are just and fair, and I hope moves that the House resolve itself into Committee of the that the bill may become a law. Whole House on the state of the Union for the consideration l\Ir. CAMPBELL. Does the gentleman contemplate any ad­ of the bill H. R. 14055. The question is on agreeing to that ditional general debate on the bill? motion. Mr. STEPHENS of Texas. Not unless it is desired. I will The motion was agreed to. yield to the gentleman from Oklahoma [l\Ir. CARTER], the author Accordingly the House resolved itself into the Committee of of the bill, 10 minutes. the Whole House on the state of the Union, with Mr. HousTON Mr. CAMPBELL. I serve notice now that I am opposed to in the chair. _ the passage of this bill, and I will ask some time in general de- The CHAIRMAN. The Clerk will report the bill. bate in opposition to it. · • The Clerk rend the title of the bill. 1i!r. STEPHENS of Texas. What time does the gentleman Mr. STEPHENS of Texas. Mr. Chairman, I ask unanimous think he will require? con ent to dispense with the first reading of the bill. Mr. CAMPBELL. I will ask for time in my own right. The CHAIRMAN. If there be no objection, it will be so Mr. STEPHENS of Texas. Then I yield 10 minutes to tlle ordered. gentleman from Oklahoma [l\Ir. CARTER]. .l\Ir. MAl"'lli". What is the request? Mr. CARTER. Mr. Chairman, I desire at this time to make The- CHAIRl\IAN. It is to dispense with the first reading of only a short statement. The gentleman from Kansas [Mr. the bill. CAMPBELL] has indicated that he ~as objections to this bill. I\Ir. STEPHENS of Texas. There is no necessity for the first When he has stated those objections I may want to be heard in reading of it. It will save time. reply, and if I do I may need more time then. Mr. MANN. There is no objection to that The bill under consideration is one link in the chain of legis­ The CHAIRMAN. The Chair hears no objection, and it is lation necessary to redeem the delinquent pledge of this great SOO~ff~ • Gm·ernment to a helpless and confiding ward. l\Ir. STEPHENS of Texas. Mr. Chairman, this bill provides The very irony of fate seems to have relentlessly pursued ·for the sale of the surface of 445,000 acres of land in Oklahoma the Choctaws and Chickasaws in-the winding up of their affairs belonging to the Choctaw and Chickasaw Indians in the dis­ by the Federal Government trict of the gentleman from Oklahoma [Mr. CARTER]. Some The Dawes Commission came to Indian Territory in 18D3, of the Chickasaws reside in the district of the gentleman from with the avowed purpose of inducing the members of the Fh·e Oklahoma [Mr. FERRIS]. Civilized Tribes, by treaty or agreement, to allot their lands in There is no objection from any source that I know of to this severalty, abandon their tribal government, and have an equi­ bill in so far as the selling of the land is concerned. The mat­ table per capita division of all other tribal property or the pro­ ter has been before our committee directly and indirectly for ceeds thereof. many years. · I introduced a bill for this purpose several years Well do I remember the animosity that existed among our a~o. My bill also provided for the sale of the surface of these people to any change in conditions and the prejudice they bore mineral lands, reserving the coal · and asphalt deposits in the toward the so-called Dawes Commission for attempting to force land. Coal and asphalt are all the minerals mentioned in the such change upon them. To· such an extent did this prejudice resen·ation and the sale of the surface, as provided in this bill, and animosity exist that this Dawes Commission was utterly carries all minerals except coal and asphalt. This leaves the unable to make any progress in its work whatever until the coal and asphalt for lease as is now being done under existing year 1898. laws. Meeting after meeting was held with the Indians, but to no This is the only kind of a bill that can be gotten through Con­ avail and purpose, and notwithstanding the strenuous efforts gress that will open that country for settlement. By the sale of of the members of this commission it really looked as if their the surface of the land for agricultural purposes, as provided for mission would be in vain. Finally, however, two of these tribes in this bil1, the State of Oklahoma will be vastly benefited. broke ground; and after these two had taken water, so to Several years ago this 445,000 acres of coal and asphalt land speak, the line was broken and agreements were made possjble was segregated from the rest of these Indian lands belonging with all others. Curiously enough, the Choc.tnws and Chicka­ to the Choctaw and Chickasaw Indians because of the coal de­ saws, the very people whose affairs have been so woefully posits known to exist under it. Bills for this purpose have been neglected and now seem furthest from a final settlement, were before both the Senate and the House, and we have a report the Yery first ones to treat with the Dawes Commission. from the Intel'ior Department favoring this bill, dated on August In an Indian meeting which I attended along about that time 16, 1911, b which the language used in this bill is approved. a Cherokee was taunting a Chick!!-saw with the accusation that As far as I know, the only objection that has been made or thut the Choctaws and Chickasaws had deserted the other tribes could be made, to this proposition is that the coal and the surface and gone into agreement with the Dawes Commission. "Yes,'' 868 CONGRESSIONAL RECORD-HOUSE. J.A.NU.ARY 1 f,

repfied the young Chickasaw, "our people were the 1irst to sage of the bill, I will not make further comment at this time, take water." An old Seminole chief arose and said, "My young except to say that if any suggestions are made which I think Qhickasa w friend is mistaken in his language when he says might justify gentlemen in voting against this bill I shall eYer­ his people were the first to take water. He should have said cise the privilege of replying, because this·is a matter of most that they were the first to take their medicine." [Laughter. l vital consequence to all classes of people in my district. My purpose ln mentioning this colloquy is to show that the Mr. CAMPBELL. Mr. Chairman, the gentleman from Okla­ Indians themselves were not seeking these treaties nor were homa [Mr. 0.ARTEB] has stated that we are under treaty agree­ they seekin; a change in conditions, but such treaties were ment with the Choctaws and the Chickasaws to close up this made upon the initiative and urgent demand of the representa­ estate. Thut is true, and that is one of the reasons I am op. tives of the Federal Government themselves. And now, uft2r posed to this bill. This bill will defer the day of closing up the waiting 14 years, it remains for this Congress, if it will, to affairs of the Choctaws and the Chickasaws, rather than bring take the last steps necessary for a fulfi1lment of the plighted abont an early settlement of that estate. The bill now under faith of the Federal Government, now 6 years past due. consideration proposes to sen the surface of the coal and asptalt The act of June 28, 1898 (the treaty with the Choctaws and lands in the Choctaw and Chickasaw Nations, amounting to l>e­ ChickaRaws), did not provide for the sale of these lands. It tween four and five hundred thousand acres of land. An effort -set up a system of leasing for a period of years on a royalty to sell the surface of coal land always meets with more or less basis, the royalties accruing to be l!ISed for educational purposes. opposition. An effort to sell the surface of this coal land at this It further provided for .allotment of the surface of all lands in time is going to result in the sale -0f that surface at a less severalty; a sale of all tribal property, except the segregated price than the land is worth. That is one of the objections mineral land; the abolition of the tribal government and a divi­ I have to this bill. Every man who buys a home wants the title sion of funds, all to be completed not later than March 4, 1006. to carry everything with it, as that man said down tllere in The allotment of the surface only of mineral land was per­ Oklahoma, from as far up as you can go to as far down as you mitted, the title to the mineral remaining, as community prop­ can go, and no mnn is seeking a title that ca1·ries with it but erty, in the entire membership of the two tribes. the mere surface of the land. For that reason again, the surface After the work had progressed for a few years, the Dawes will sell for less than it is worth. Commission feared that this plan of surface allotment might Ilut this bill by its provisions makes the surface purchaser result in much confusion for this reason: The Choctaw and agree that other men may go upon the surface of this !antl Chickasaw Nations contained over 11,000,000 acres of land, yet with a new of sinking prospect holes to find out what is under­ there were less than 500,000 acres known to be mineral bearing. nPath the sudace. and if there is coal or a~plrnlt there in pay­ ~o segregation of the mineral land had been made at tl.tat ing quantities, and the man decides to buy the mineral right, he time, and the mineral-bearing land could not be distinguished then will haye the right to lay such tracks, to erect such shafts, • from any other, so that on July 1, 1902, another agreement and to dig such holes, and to have such use of the surface as was consummated, known as the supplemental agreement. By will enable him to mine and take away whatever mineral it the terms of this act the land embraced within this bill, amount­ contains. Anyone acquainted with the operation of coal lands, ing to ab-Ont 440,000 acres, was set aside and reserved from with mining coal lands, knows that the surface is depreciated allotment, while all other lands were subjected to allotment in value just as soon as you go upon it with tracks and mines and title authorized to be given to both surface and mineral. and all snch other equipment as is necessary to run a coal The Secretary of the Interior was authorized to sell the mine. 'l'he Indian is not pressing this bill. This bill is not in­ segregated mineral land to the highest bidder. In pursuance of troduced in the interest of the Choctaw or Chickasaw Indians. this and other acts the Secretary of the Interior offered for Mr. CARTER. Oh, Ur. Chairman, the gentleman does not sale, in the year 1904, both the mineral and surface of these mean to say that. lands to one and the same purchaser, but the Secretary did not Mr. CAMPBELL. .Mr. Chairmnn, I will ask the gentleman feel justified in disposing of the lands at the prices offered. So to wait one moment. He reserved the right to reply. I make these lands were withdrawn from sale by the act of ..April 26, that suggestion. I have talked with the Indians within 15 1{)06. months, in the Choctaw and Chickasaw Nations. This bill provides for the sale of the surface only, and per­ Mr. CARTER. l\Iay I ask the gentleman if he has talked mits the operation of the mines under the present lease sys­ with any within the In.st three months? tem, which requires the payment into the tribal funds of 8 Mr. CAMPBELL. I bave talked with the governor of the cents per ton royalty, which would aggregate about $320 per Choctaws and I have talked with the governor of tbe Ohicka­ acre on the average 4-f oot. vein of coal. saws and I have talked with the general attorneys for the This 440,000 acres of land, with the exception of about 1,560 Chickasaws. acres, is distributed among six counties, as follows : l\Ir. CARTER. Is it the gentleman's contention that they are Acres. representative of their people? Atoka------25,411.70 l\Ir. CAMPBELL. They say they are, and that they come Coal ------53,939.57 with authority to represent them. Haskell ------45, 480. 54 Latimer ------54, 997. 52 Mr. CAR'l'"ER. The gentleman well 'knows how they come by Le Flore ------144, 465. 52 their appointments and offices, does he not? Pittsburg ------113, 275. 79 Mr. CAMPBELL. Ob, yes. Ko title can be made to any portion of this land, and none Mr. CARTER. Has any Indian anything to do with their of it is taxable under present conditions. elevation to the offices which they hold? Numerous towns and cities have sprung up along this segre­ l\Ir. CAMPBELL. Oh, yes. Each of these go1ernors of the gated mineral-land belt-some of them crude coal-mining camps, Choctaw and the Chickasaws is an Indian. I talked with the some of them manufacturing cities, and others supported from Indians down there a year ago last August; and out of the 'n,rious an cl sundry industries and walks of life. There are in hundreds of Indians I saw and talked to, not one of them said an, I belieYe, O\er 30 towns, varying in size from :McAlester, a that he was in favor of sel1ing th~ surface, but· n.11 protested city of about 14,000 people, to smaller villages and hamlets. against the sale of the surface. Since this land under pre ent conditions is nontaxable and Mr. OARTER. l\fy question was: Has the gentleman talked nontransferable, I think this committee can easily imagine bow with anyone within the last three months? completely " sewed up " the growth of this section and towns Mr. C.AMPBELL. I know of no reason why they should Jying therein has come to be. change their minds within the last year. The same practiee I have described personally to nearly every Member pre ent that would 'have depreciated the value of their estate 15 months the deplorable conditions existing along this segregated mineral­ ago wm depreciate the value of their estate to-day, namely, land belt, and I do not think that further argument is necessary the sale of the surface separate from the mineral or the sale to convince this committee of the urgent necessity and impor· of the mineral separate from· the surface. tance of this bill to white lllil.n and Indian alike. The white l\Ir. CARTER. Did not the gentleman talk to the Inilians man and Indian both desire to have this bill passed, for the rea· while the Burke investigation committee was out there and son that it permits the country to take on its natUT:1.1 develop­ not since. ment, and the property of both will be thereby inC\_l'eased in Mr. ·CAMPBELL. That is true; I have stated that; but I Yalue. But the Indian will receive a more direct benefit even ha-ve talked to the officers of these two tribes. than this, for the proceeds of these sales will crystallize into Afr. CARTER. I understand that; but they do n-0t represent per capita payments, which, with the other tribal funds, ought the tribes. to net to each member of the tribe, man. woman, and child, Mr. C..UIPBELL. I say this, that I have been urged for six: fl om $500 to $1,000. years and more by white men from Oklahoma to support just And now, l\Ir. Chairman, as I have given as briefly as I could, such a bill as this, and during all that time the Indians bave a history of this question and the urgent necessity for the pas· been protesting against it. 1912. CONGRESSIONAL RECORD-HOUSE. 869

Mr. CARTER. Did not the gentleman support such a bill as Mr. CAMPBELL. The' purchaser got everything in connec­ this two years ago? tfon with the title; in this case the purchaser only gets the l\lr. CAMPBELL. Oh, no; we had it up for consideration, but surface. If I wanted to depreciate the value of that estate, I I did not support it. would urge the passage of this bill. hlr. CARTER. Did not the gentleman support the l\fcGuire M.r. MANN. Will the gentleman yield for a question? amendment in this House? Mr. CAMPBELL. I will. l\Ir. CAMPBELL. No; I did not. Mr. ~1ANN. Does the gentleman recall in the last Congress hlr. CARTER. Did he vote against it? that. we passed a law providing for the sale of the surface_ of l\1r. CA.MPBELL. I think I did; I bave forgotten whether land where the Government retained the owneTship of the there was a record vote. mineral? l\.lr. CARTER. There was not a record vote. Mr-. G.AlVIPBELL. Yes; that was a small bill, I think, where l\Ir. GilfPBELL. I am, and always bave been, opposed to we provided for the sale of some surface to the counties. the sale of the surface indepe~dent of tbe mineral. Mr. MANN. No; it was a la-rge bill, which covered any tand l\lr. CARTER. That is what this bill provides. anywhere that the United States Government owned. Mr. CAl\fPBELL. The gentleman from Oklahoma has made Mr. CAMPBELL. But not Indian land? one speech and has served notice on the House he is. going to Mr. MANN. Oh, no. make another, and if he will jrrst possess his soul in patience, l'ifr. CAMPBELL. I recall the passage of that bill. I thought :;: will not take up a great deal. of· time. I know thn:t this bill the gentleman from lliinois referred to a bill coming out of the. is in the interest of the white men and not ID. the interest of Indian Committee, and I cUd not recall any such. the Indians. I know that it. will defer the final closing up of Mr. :MANN. Does the gentleman know whetheT practice. this estate indefinitely. nnd:er that bill has progressed far enough so that any opinion Mr. STEPHENS of Tex.as .. Will the gentleman yield on that can be formed as to the advisability of sucfl a law being point? retained? Mr. CilfPBELL. Yes. Mr. CAMPBELL. I do not. I have heard nothing from the Mr. S'l'EPHENS of Texas. Does- the gentleman know this General Land Office as to the sale of thDse lands. I ha\e hnd bill provides that the money shall be covered into the TreasITTy objections from constitu.ents to buying anything e:xcept tbe for the benefit of these two tribes of Indians? whole of the estate. They would not go on and buy the surface Mr. CAMPBELL. Yes. alone. Mr. STEPHENS of Texas. Then how could it affect the Mr. MANN. I would say to the gentleman frankly, if he closing up of the affairs of the Indians? will yield for that pmpose, that it seemed at th.e time a preper l\Ir. CAMPBELL. It will leave the question of the coal measuTe for us, and I think there was no strenuous objectiou indefinite-- to it from any source. It seemed to fix the policy of the Gov­ Mr. STEPHENS of Texas. It is already indefinite. If the ernment as. to Government lands, as where· it proposed to retain gentleman has read the bill relative to the leasing of this coal, control of the minerals under the surface it might properly dis­ it runs until Congress repeals. it. pose of the surface, which can be used for agri-eultural pnr­ l\Ir. CAMPBELL. It is my proposition that tM whole estate poses without disposing of tlle mineral. And if that was should be disposed of at once to close it up· but while the good for the Government land it might equally be good for mineral remains as a part of the estate of the Indians the Indian land. · estate is not closed and the Government ha.s n{)t fulfilled its Mr. CAMPBELL. I would rather dispose of my own prop­ treaty agreement with the Indians. erty in such a way as to hazard and d.epreeiate its value than Mr. STEPHENS of Texas. Now, let me ask this question: that ol a ward for whom I am trustee, and in this case we: are­ Is it not a fact th:lt the coal would not sell for but very little not dealing with Government land; we are dealing with la:nd at the present because there is an f.m.m€nse amount of gas and that belongs to the Choctaw and Chickasaw Ind.funs. oil found in this countryt and it would be impossible to realize Mr. l\1A.NN. But, as far as our position is C6ilcerned, it is in anything-- no wise different in dealing with tbe Government land thrm lUr. CAMPBELL. That is true. with th~ Indian l~d, because- in individually voting we are Mr. STEPHENS of Texas (continuing}. Like the true value acting as trustees for bot:h. of that? l\J.r. CAMPBELL. Yes; that is true. I do- not tliink that :\lr. CA.l\IPBELL. It is true that this is not a good time to either Government land or Indian la.nil or any other landt sell, and as trustee of that estate we are showing very bad whether mineral bearing or not, or even if it has a reputation judgment in trying to sell it at a time when. it will net bring of being mineral bearing, will bring as good' a. price if you sell the best price. No trustee who has the interest of his trust at the SU.l'face independent of the mineral. heart and who is trying to guard that interest well will offer Mr. MANN. Will: the gentleman yield further? fo1· sale at a time when the market is at its very lowest ebb. Mr. CAl\1PBELL. Yes. i'ifr. STEPHENS of Texas. Will the gentleman yield for- an­ Mr. l\fANN. Is it not true, as a matter of fact, that there· iS' other question? a ye1·y strong sentiment in this country, wnieh is the prevailing l\Ir. CAMVBELL. Certainly. sentiment, that it is the duty of the Government to conserve, to. :\Ir. STEPHENS of Texas. Is it not a fact we have recently use a very popular word, its natural resources, and especially, sold in that country, by the same mea:ns we propose in this bill, among other things, the mineral under the ground? through the Secretary of the Interior, a million or two acres Mr. CAMPBELL. That is true, and I am in favor of that of land, an immense amount of land, and has not that brought policy. a good price for agricultural and grazing purposes? :Mr. MANN. And everyone recognizes that it is not prac­ Mr. CAMPBELL. I do not know just to what la:nd the gentle­ ticable ta dispose of all the mineral land ad'7antageously at man refers. once, nor is it practicable that the Government should keep. Mr. STEPHENS of Texas. The unallotted Iana; there wns the surface from being cultivated for the purpose of reserving qufte a lot there. the mineral under the ground. Mr. CAMPBELL. That was not coal and asphalt land. Mr. CAMPBELL. I am in favor of practicing that kind of 1\lr. STEPHENS of Texas. But it was similar land to this. conservation on land that belongs to us. But I .have beeu un­ 1\Ir. CAMPBELL. Oh, ne; it is an entirely difi'ereut principle able to bring myself to the Position of practicing a policy with from this. The people who bought that land got the whole the property of other people, with whom we have a treaty property, got the whole estate. agreement to close up their estate and secure for that estate l\Ir. STEPHENS of Texas. But only for agricultural pur­ the \ery best price possible. And I contend that we can not poses, and t11at is what we propose to sell this land for-agri­ get that price by selling the surface and the mineral separate. cultural purposes-lnnd in the same neighborhood,. same coun­ Mr. MANN. Will the gentleman yield further? I suppose­ ties, same conditions, and· it would bring a good price. he· has plenty of timer JUr. OAl\IPBELL. Oh, a vei·y different condition exists. Mr. CAMPBELL. .I have an hour and will be glad to yield Mr. FOSTER of Illinois. Wi11 the gentrem:m permit a ques­ to- the gentleman. tion? :Ur. 1\fAJ\TN. Is it not the fact that coal fands in this Terri­ ~Ir. CAMPBELL. Certainly. tory, Oklahoma, are somewhat depreci)lted fn value at present. l\fr. FOSTER of Illinois. Were the mineral rights reserved to· by competition with gas and oil for fuel? the Government in the Inn~ w·hich was sold before; I refer to Mr. CAMPBELL. 'l'hat is true. . this large body of land. Mr. MANN. And that this is not apparently the most ad­ Hr. CAMPBELL. There ''ere no mineral rights rese1'\ed; it vantageous time for the G<>\el'Ilment te sell both the surface is not contended it was minernl land. and the mineral? . .Mr. STEPHENS of Texas. It had nothing to d-0 with the Mr. CAMPBELL. Yes; and r contend, further than that, mineral deposits. that it is not a good time t0> seU the sur:face, and that th-eyr 870 OONGRESSION.A.L RECORD-HOUSE.- JANUARY 11, ought not to be sold separately. I think if we shoulU wait, Mr. STEPHENS of Texas. Is it not a· fact that ·we a.re selling say a year, we might be able to sell this property in such a way it in that way every day for them, and that they arn deriving as to get its value for those who own it a large revenue from it? Mr. MANN. That may be, but admitting, as the gentleman Mr. CAMPBELL. Yes, we are; and we are getting $180,000 does, that it is not a very good time to sell the mineral nnder a year in royalties for the Indians. the surface, does· not the gentleman believe that it is about the Mr. STEPHENS of Texas. Why not continue that policy, best time the world bas ever known in which to sell land for then? agricultural purposes? Mr. CAMPBELL. That is nll right, but you are not proposing lllr. CAl\lPBELL. Ob, it is a good time to sell land for irgri­ to continue that policy under this bill. cultural purposes; yes. Mr. STEPHENS of Texas. We do not repeal the laws now in Mr. MANN. And when the surface of this land can only be existence by this bill used for agricultural purposes? Mr. CAMPBELL. No. There are lands down there that are lllr. CAMPBELL. Oh, it is not first-class agricultural land. already leased. You are not leasing any more now. .Much of it will be grazing land. It is used now as a common Mr. STEPHENS of Texas. But they could lease other lands and as gra~ing land. if they wanted to. There is no demand for it That is my Mr. lUA..1\\N. I dare say that a few years ago it ·would ha\e objection to this. brought no price at all, and that a few years hence it would lllr. CAMPBELL. There is no such demand for this property bring a very low price. now as would justify us in throwing it upon the market. Any Mr. CAMPBELL. A few years ago this land would have sold man guarding well his interests will watch the market before for far more than it can be sold for now. If it had been soJd he offers for sale what he has to sell. in lVOB, I think a bigger price would have been gotten for it l\lr. FERRIS. Does the gentleman think he ought to set up than can be had for it now. his own judgment on that proposition against that of the entire 1\lr. CA.IlTER. I would like to ask if the gentleman WHS a Oklahoma delegation and the Secretary of the Interior? That Member of Congress in 1906? inquiry is directed to the gentleman's sense of fairness. Mr. CAMPBELL. Yes. Mr. CAMPBELL. I am not responsible to tlle Secretary of Mr. CARTER. Then, did the gentleman vote for taking that the Interior or to the delegation from Oklahoma, but I am land off the market? responsible to my own conscience as to what I shall favor . .Mr. CAMPBELL. No; I do not thlnk I did. 1\Ir. FERRIS. Precisely. l\Ir. GARTER. How, then, did the gentleman 'ote on that in 1908, when the land was more valuable? Mr. CAMPBELL. And in goocl conscience I can not support Mr. CAMPBELL. I do not know what my vote was on that a bill that is in the interest of the white men in Oklaboma point. rather than in the interest of the Indians. :Mr. STEPHENS of Texas. Sba.11 the Secretary of the Inte­ l\lr. FERRIS. Precisely; and I have no disposition, and I rior appoint commissioners to appraise the value of this land? am sure our delegation has no disposition, to criticize the gen­ .Mr. CAl\lPBELL. Yes. tleman for pursuing the dictates of his own conscience. That Mr. STEPHENS of 'l'exas. Then, if that is true and if hon­ is the right of every individual Member, and always ougbt to est commissioners arc• appointed, how c;m the Indians be injured be; but the gentleman stat~s conditions in the State which are by this? . at variance with the belief of all the members of the Okla­ Mr. CAMPBELL. My contention is that the s:ilc of the sur­ homa delegation, Ilepublicans and Democrats, and are also in face. independent of the mineral beneath, depreciates the \'alue opposition to the views of the Secretary of the Interior, who of both when they nre placed on the mrrrket. I lh"e in a conl has favorably reported upon this bill. country, and when men go there and buy coal land they buy the 1\Ir. CAMPBELL. I am opposed to the policy of this bill. whole land, coal a.nd all. After the lan!'t figure that it will sell for. people of Oklahoma have been demanding the sale of this Innd It will not be au attractive proposition, such as the sale of mo ever since I have been in Congress, but the Indians have been acres of land with the coal and all under it, and I see no reason opposing it ever since I have been here, and are opposing it why we shall not be practicing tile policy of conservation to its to-day. very fullest extent by selling this land in plots of 160 acres Mr. BURKE of South Dakota. Is it not a fact that the In­ to the farmers and stock raisers who go upan the land and make dians in Oklahoma have been a unit in favor of the sale of homesteads upon it and de-relop it, and who, in the course of a these 500,000 acres of land by the Go"\ernment and the carry­ few rears, when the land becomes valuable as mineral land, ing out of the solemn treaty obligation made by the several shall have an opportunity of selling it; and they will pay far tribes with the Government of the United States, and that this more for it under those circumstances than the Indians will bill is simply brought in here now to sell the surface. because, get for it if the two properties were sold separately.· for reasons that ha-ve been suggested here by the gentleman Mr. STEPHENS of Texas. .The gentleman stated the specu- from Illinois and others, it is not practicable at the present 1ath"C~ rnlue of selling the coal and the surface together would time to get legislation that. would authorize the sale of the sur­ cause men to hesitate? face and the mineral? Mr. C.d..MPBELL. Yes; and the Indians will get the benefit M:r. CAMPBELL. That is true. The Indians have been de­ of th!lt higher price. m:mding the closing up of this estate ever since the Atoka l\Ir. STEPHE:XS of Texas. Then suppose 100 men should go ngreement. They are demaD:ding it now; but my contention is in and get 25 sections of land in a body, adjacent to well-known that we are not taking n step toward closing this estate when coal fields that are developed now. Would there be anything to we offer this surface for sale, but that we are taking a step pre"fent them from selling that land to a coal company or a cor­ that will defer indefinitely the closing of the estate. poration already organized and form a combination that would l\fr. BURKE of South Dakota. That is the only question in­ be invincible there, and form a trust by which the people of volved, and I asked the question because I took it from the gen­ the gentleman's own State and of mine and the State of Okla­ tleman's remarks that he intended at least to give the impres­ homa would be held by the throat forever, whereas it would be sion to the House that the white people in Oklahoma were ia impossible to do so if it were held open now? favor of the sale of this land and that the Indians were opposed Mr. CAMPBELL. We are simply saying to the Indians, to the sale of it. "You can not sell this coal, because if you do sell it the man Mr. CA.l\IPBELL. I meant, of course, the surface. you sell it to will sell it to somebody else." Mr. BURKE of South Dakota. The separation. 1912. OONGRESSION AL RECORD-HOUSE. 871

Mr. CAMPBELL. The separation of the two. I thought I Mr. CAMPBELL. I did. I will say this for the benefit of made it clear that the Indians ba ve been demanding and have the 1\lembers of tbe House, that many people whom we found a rig-ht to demand that this estate be closed, and I 'belie\e the down there as Choctaw and Chickasaw Indians are just as gentleman from South Dakota will agree with me that this will white. just as intelligent, jost as n-ell educated as the a\erage not expedite the closing up of this estate. It will simply dis­ citizen that you will find anywhere in this country. We found pose of a part of it in such a way as in a large degree to hamper men down tbere who were registered as Choctaws and Chicka­ and hinder· tbe closing up of the other part of it. I would saws who were presidents of national banks-not one, but more rather sell 100,000 acres of this land and sell it under such con­ than one; heads of great establishments, men who were in the ditions in the title as would make it absolutely impossible for forefront of the clevelopment of the State of Oklahoma; but the purchaser to onvey to any concern that was operating as a these men were then oppo ed to the sale of the surface of these monopoly in restraint of trade. I would make that a condition lands independent of the mineral. because they were shrewd in the title; and if the gentleman from Texas [Mr. STEPHENS] business men and knew that the sale of the surfuce \vouhl please, I would only offer so much of this land for sale as could depreciate the value of the surface and also the value of the be taken up by the demand of the market at the present time. mineral, and that when the estate was ultimately closed the If it were our own property, if this were Government land, and Indians would get less for it than it was really worth. if the whole of the United States were the people for whom we I know, l\Ir. Chairman, that this is a great problem-to dis­ were legislating, I would undoubtedly say, Let us di ·pose of it pose of 400,000 or 500,000 acres of coal and asphalt lands at in this way, just as we authorized the sale of Government lands this time. The public is opposed to the sale of that land in a year or more ago. such a way as to permit any quantity of it to get into the But we are dealing with the property of other people, not hands of any great concern that can develop it. I am in ac- the property of the Urnted States. This is not Government cord with that public opinion. ' land; it is the land belonging to the Choctaw and Chickasaw But, realizing that difficulty, I would not plunge headlong Indians. We have no right to practice a policy with other into a policy that is worse for the Indians than simply conserv­ peoplP's lnnds that will in any way depreciate the value of ing not only the mineral of the estate but the surface as well. their estate. l\Ir. TALCOTT of New York. l\Ir. Chairman, can the gentle­ . .Mr. SAUNDERS. May I ask the gentleman a question? man give any informntion in regard to the proportion of min· Mr. CAl\fPBELL. I wiU yield to the gentleman. eral lands in this area? ~Jr . SAUNDERS. The gentleman and I went over this l\!r. CAMPBELL. There are about 450,000 acres of this question very largely together. land, said to be coal and asphalt land. Mr. CAl\fPBELL. Yes. l\Ir. TALCOTT of New York. All of it? Mr. SAUJ\"'DERS. If the course recommended by this bil ! L Mr. CAMPBELL. .All of it; yes. Much of it, no doubt, will not taken, what alternative proposition shall we take up'! turn out to be good coal land and good asphalt land. Some of The practical situation which we found in Oklahoma was that it may not be of the greatest value. here was a great e.state which admittedly belonged to the In­ Mr. TALCOTT of New York. Has it all been mapped? dhrn people. AlJ of the Indian people which we examined as .Mr. CAMPBELL. Yes; it has all been mapped, but not all wHnesse complained of the United States that it had not prospected; that is, there bas been a wide-range prospect, so wound up this property. that it is supposed to be within that coal belt. I think my friend from Oklahoma will be able to give some information l\fr. CAMPBELL. That is true. on that Mr. SA U:~"'DERS. Without undertaking to say what is the best course to be pursued tn the interest of these people-and l\Ir. CARTER. It has all been prospected. I Bdruit that I ha,·e been unable to ascertnin what is the best Mr. CA.l\IPBELL. Closely prospected? coor e-does not it suggest itself to my friend from Kansas Mr. CARTER. Mr. Chairman, about $50,000 was spent in that, with the desire of these people to close the estate, ought drill boles in prospecting the 440,000 acres. Prior to that time \Ve not to go forward and do something; and if not this, what about 100,000 acres of la.nd had already been opened up in mines, and it was discovered by these prospect holes that only shall we do? l\fr. CAMPBELL. I ba\e not been of the opinion that when about something o-rer 100,000 acres, beside the 106,000 that was a man felt that something ought to be done he should do that leased, had any practical mineral value at the present time. which waEi unwise just for the sake of saying that he had Mr. CAMPBELL. But a close prospect was not made; that · done something. I do not think that the gentleman from Vir­ is; every quarter section was not prospected. gini:.i believes that. Mr. CARTER. Oh. no; not every quarter section. Mr. CAMPBELL. It is within the mineral belt, and a close Mr. SAUNDERS. I do not. prospect may show a far larger area of coal than the prospect­ l\lr. CAMPBELL. Tbe gentleman from Virginia will agree ing that has already been made. witb me th:1t the Indians were unanimous in opposing the sale 1 have no objection, Mr. Chairman, to the other provisions of as is propoi::ecl under the provisions of this bill. this bill. I simply object to the general policy. I agree with , Ir. ~ Ar. 'DEilS. I undE'rstand that some wh0 were most vehement in their opposition ha\e changed their opinion and the committee on the amendments that were made to the bill, and if such a bill is to be passed, this is as good a bill of tbe came to 'Vnshiugton and bu\e testified contrarywise. kind as could be voted for by the House. I simply deplore Mr. CAMPBELL. Not rn:i.1iy Indian . Tbe representatives of the Indinns have been bere. contending that the Indians are the conditions that make it necessary to throw so muP.h of the standing for tlle sale of both the surface and the mineral right ._ estate of these Indians upon the market at this time in such a Mr. SAUNDERS. One particular Indian who wa exarnine1l way as to make the rest of their estate bring a less price than at some length has come to Washington and expressed himself it is really worth. Mr. SAUNDERS. Mr. Chairman, I will ask the gentleman as favoring this bill. this question: Was there before the committee any evidence to Mr. CAMPBELL. Yes; and I understand also that he has show that the actual Indian people of the Chickasaw and Choc­ changed Ws mind, because the taxes are not sufficient and the taw Nations-not thP people the gentleman was talking about country has not developed fa t enough, all of which goes to a moment ago-are opposed to this bill? show that the sale of this estate at this time is demanded by Mr. C.Al\IPBELL. Oh, I talked with a great many Indians the white mnn's interest rather than the Indian's interest. I during the time and found that they were ; yes. doubt if the United States has ever dealt absolutely fair and Mr. SAU:l\'DERS. During the pending session of Congress? square with the Indians, and in Oklahoma if we discornred Mr. CAMPBELL. No; but when we were down tbere. one thing that stood out more prominently than anything el~e. l\Ir. SAUNDERS. I do not mean then; but I say in the it was the idea that the white man has a right to gouge the progress of this bill and in the hearings on it was there any Indian wbere,er he can find him and as deep as be can make evidence brought to tbe attention of the committee that the the probe; thnt he can rob the Indian children, the Indian aged actual Indian people of these two tribes are opposed to the bill? people, or anybody else; that the Indian is his natural prey. Mr. CA~!PBELL. Oh, yes; it was contended by the governor Mr. STEPHENS of Texas. Will the gentleman yield? of the Choctaws and by their attorney that they were opposed Mr. CAMPBELL. Certainly. to it, and they said they had just come from a council-- Mr. STEPHENS of Texas. Is it not a fact that nearly all Mr. SAUNDERS. A council of the two nations opposing this the Indians :ire citizens and voters and one of them a Member bill? of this House? Mr. CAMPBELL. Of the one nation. I am not sure that Mr. CAMPBELL. Not all of them. Many of the people do both nations were represented. I will say in addition, that both not vote. of the governors did appear in opposition to the bill. Mr. STEPHENS of r.rexas. Did not the gentleman find in Mr. STEPHENS of Texas. Mr. Chairman, I call for the read­ that country men of equal capacity of the members of the ing of the bill under the five-minute rule. committee? The CHAIBMAN. The Clerk will read. 872 CONGRESSIONAL RECORD-HOUSE. JANUARY 11,

The Clerk read as follows: Mr. FERRIS. The words "surface of the" should be put in. Be it enacted, etc., That the Secretary of the Interior ls hereby an· l\fr. MANN. I do not care how that is, but above you sny thori2ed to sell the surface, leased and unleased, of the lands of the " before offering such surface for sale," and so forth. Choctaw and Chlckasa\v Nations se.gregated and reserved by order of the Secretary of the Interior dated March 24,1. 1003. under paragraph Mr. KENDALL. The whole section relates to the surface. 58 of the act of Congress, approved July 1, 19u2. (Vol. 32, U. S. Stat. Mr. MANN. The gentleman will notice in lines 1 and 2, page L., pp. G41, 654.) Befor·e offering such surface for sale the Secretary 2, it says, "before offering such surface for sale the Secretary of the Interior under such regulations as he may prescribe, shall cause the same to te appraised at its fair cash value by three apprals~rs, of the Interior," and so forth, "shall cause the same to be to be appointed by the President, at a compensation to be fix~d by him. classified and appraised." I do not care whether it says snrfnce 'l'he appmisement of the surface shall be by tracts, accordmg to the I Government survey of said lands. except that lands which are especially of the land, although think the word " surface" is sufficient. valuable by reason of prnxirnity to towns or cities may, in the discre­ Mr. CARTER. The word "surface" would be sufficient. tion of the Recretnry of the Interior, be subdivided into lots or tracts Mr. l\f.A~TN. I move to amend the amendment, line lG; by contaiiling not less than 1 acre. !n appraisin[ said land the ".'alue of nny improvements thereon bclongmg to the choctaw and Chickasaw striking out the word "lands" and inserting in lien thereof the Nations, except such improvements as have been placed on. coal or word "surface." nsphalt leases, for mining purposes, shall be taken into consideration. l\fr. CARTER. While the gentleman is making that amend­ Tbe coal or asphalt deposits in each lease shall be appraised separately from the surface. Tbe unleased coal and asphalt deposits shall be ment it might also be well to add, between the word "apprais­ appraised ser,arately from the surface according to the tracts used by ing" and the word " said," in line 12-- the Uniled States Geological Survey and as found in Senate Document 1\fr. MANN. That is not a committee amendment; we will No. 390, Sixty-first Congress, second session. The apl?raisement pro­ vided fer berf'in shall be completed as early as practicable, shall be come to that later. · sworn to by the appraisers. and shall become effective when approved The CHAIRMAN. The Clerk will report the amendment. by the Secretary of the Interior. · The Clerk read as follows : With the following amendments: Strike out the word "1ands," in line 16 in the committee amendment, Page 1 line 4 nfter the word "sell," insert the words "at not less and insert the word " surface." than the 'apprais'ed price provided herein." The question was taken, and the amendment was.agret->d to. 'l'be CHA IRl\fAN. The question is on agreeing to the com­ l\fr. MANN. · In the same connection, then, if I may break mittee amendment. into the amendments, I move, i1f line 12, strike out the word l\!r. BURKE of South Dakota. Mr. Chairman, to that com· " land " and insert the word " surface." rnittee amendment I offer the following substitute amendment, Mr. STEPHENS of Texas. I have no objection. wllich I send to the desk and ask to have read. 'l'he CHAIRMAN. The Clerk will report the amendment. The Clerk read as follows: The Clerk read as follows: Substitute for tbe committee amendment the following: In line 12, strike out the word "lands" and insert the word "sur­ "At not less than the appraised price to be fixed as hereinafter pro· face." vided." Mr. CARTER. Would it not be better to insert between Mr. STEPHENS of Texas. Mr. Chairman, I will accept the the word "appraising" and the word '' said" the words " the amendment. surface of " ? The CHAIRMAN. The question is on agreeing to the sub· Ur. MANN. Well, if they simply refer to it as surface they stitute amendment to the amendment. ought to have it all through in the same language. There is no The question was taken, and the amendment to the amend­ doubt as to wllat it means. ment was agreed to. l\fr. CARTER. I think it is immaterial, and I do not insist The CHAIRMAN. 'The question now is on agreeing to the on it. amendment as amended. Mr. BURKE of South Dakota. Mr. Chairman, if you will The question was taken, and the amendment was agreed to. look upon line 8, where it says "except that lands which are The Clerk read as follows: ·especially valuable by reason of proximity to towns. etc.," I Amend line 6 by inserting after the word "Nations" the words "in assume that if you change it in one place you will want to Oklahoma.' change it there, so that it will read, "except that surfaces." The question was taken, and the amendment was agreed to. . Mr. STEPHENS of Texas. In appraising lands they must The Clerk read as follows: appraise the surface of the land, and I do not see it is impor· In line 8 strike out the words "under paragraph 58 of the act of taut whether the word " surface" should come in there. Congress" and insert the words "authorized by the act." Mr. BURKE of South Dakota. It seems to me it is rather ... The question was taken, and the amendment was agreed to. important. One of the committee amendments provides for The Clerk read as follows: the appraisal of both the surface and mineral lands. Now, the Amend line 10 by striking out after the word "two" the words committee amendment to this bill, which has not yet been acted u volume 32, United States Statutes at Large, pages 641 and 654." upon, is to strike out the appraisal of the minerals and simply The question was taken, and the amendment was agreed to. leayes the appraisal of the surface, and that follows the Jan· The Clerk read as follows: "Uage providing for tlle appraisal. Pnge 2, line 4, aftf'r tbe word " the," amend by inserting the words b Mr. BURKE of Pennsylvania. Are not the words "surface '' classified and." lands" the words usually applied in all those cases? The question was taken, and the amendment was agreed to. Mr. MANN. It is immaterial. There is no question as to The Clerk read as follows: what it means if you use the same term all the way through. In the Rame line, after the word " appraised," strike out the words "at its fair cnsh value." Mr. KENDALL. In the third, fourth, and fifth sections of the bill the term is "the surface of these lands." The sugges­ The question was taken, and the amendment was agreed to. tion of the gentleman from Illinois makes the section harmoni· The Clerk read as follows: ous and euphemistic. AmEmd line G, page 2, after the word " the," by inserting the word~ If "classification and." l\Ir. BURKE of Pennsylrnnia. you correct it at all, why not correct it in terms always applied? The question was taken, and the amendment was agreed to. Mr. MANN. I think the word "surface" is absolutely com· The Clerk read as follows: plete here 'with the language of the first part of the section. In line 15 after the word "asphalt," stt·ike out the word "leases" and insert the words " la.nds, leased.". The CHAIRl\IA....~. The question is on agreeing to the amend­ ment. The question was taken, and the amendment was agreed to. . The question was taken, and the amendment was agreed to. The Clerk read as follows : The CHAIBl\fAN. The Clerk will report the next committee Line lG after the word "consideration," insert the words "the lands shall be ciassified agricultural, grazing, or as suitable for town lots." amendment. The Clerk read as follows: BURKE of South Dakota. Mr. Chairman, there is a ·~fr. Page 2, strike out all of lines 18, 1!), 20, 21, 22, and 23. word left oat of the amendment, the word " as." It should read that the lands shall be classified "as agricultural, grazing," Mr. BURKE of South Dakota. Was the amendment as to lines 16 and 17 agreed to? The amendment has not been and so forth. I ask unanimous consent that the word "as" adopted, as I recall. shall be inserted after the word "agricultural." The CHAIRl\IAN. The questfon is on the adoption of the The CHAIR~1AN. Is there objection to the request of the gentleman from South Dakota? [After a pause.] The Chair committee amendment as amended. hears none. The question was taken, and the amendment was agreed to. Mr. MANN. Ur. Chairmun, I notice this amendment says the The CHAIRMAN. The Clerk will report the next amendment. land shall be classified as agricultural, grazing, and so forth. The Clerk read as follows: '.fhe provision above is tlrnt the surface shall be classified and Page 2, strike out all of lines 18, 19, 20, 21, 22, and 23. appraised. It seems to we that the word "lands" ought to be The CHAIRl\IAN. The question is on agreeing to the nmend· stricken out and tile word " surface" inserted in its place, so ment. that there shall be no question. The question was· taken, and tile amendment was agreed to. 1912. OONGRESSION AL RECORD-HOUSE. 873

Mr. COOPER. I would like to ask some member of the l\fr. S'l'EPHENS of Texas. l\Ir. airman, I move the adop- committee a question right there. Why was that provision in tion of the amendment. line 25, requiring the appraisement to be sworn to by the ap- . 'l'he CHAIR.MAN. The question is on the adoption of tlle prniser, stricken out? amendment just read. l\lr. CART:IDR. That was the amendment of my friend from The question was taken, and the amendment was agreed to. South Dakota [l\Ir. BURKE]. .!Ur. C.AHTER. Mr. Chairman, at the request of the Solicitor :Mr. BURKE of South Dakota. It is stricken out simply be­ for the Interior Department, or at his suggestion, I should say, cause it was sarplui-nge and not necessary in directing tbat I want to offer an amendment. After the word "discretion," in land shall be appraised. It means, of course, they shall be ap­ line 23 of page 3, insert the words "with the consent of the praised under this bill and the penalty to be provided by the lessee." Secretary of the Interior. The CHAIRMAN. The Clerk will report the amendment of­ Mr. COOPER. There ought to be penalties provided against fered by the gentleman from Oklahoma [Mr. CARTER]. the m,qn if be fail& to do it. 'l'he Clerk read as follows: l\fr. BURKE of Snuth Dakota. The Secretary of the Interior Amend, page 3, line 23, by inserting, after the word " discretion," the wonld probably do it. words "with the consent of the lessee." Mr. COOPER. It ought to be the same as with an appraiser .1\fr. CARTER. And, Mr. Chairman, lit it be properly punctu­ of lands in u St!lte. No appraiser should come in after apprais­ ated. The reason for offering this amendment, briefly, is this: ing Janel in a Slate and put in an unverified statement that he The third proviso in this section gives the Secretary the right has done his duty. to set aside this land for the Jessee, providing the lessee fails Mr. l\IANN. That.amendment has not yet been reached. to choose same within the time given him by law. The object The CHAIRl\lAl~. The Clerk will report the next committee of this proviso is to take care of any mistakes of omission of amendment. the coa 1 lessees. E'or instance, if a lessee fails to make hi::~ The Clerk read as follows: choice within the time given him by law, the Secretary of the Amend, paC" e 2. line 24, by inserting after the word "the" the Interior might, under this provision, set aside such land e\·en words "classification and." after the time had expired in which the lessee could make his :\lr. STEPHENS of Texas. Mr. Chairman, I move the adop­ choice. t!on of the nmendment. Now, under the terms of the leases by which this coal is The question was taken, and the amendment was agreed to. operated, the les:::;ees are allowed a certain amount of the sur­ The CHAIRl\lAN. The Clerk will report the next committee face for operating purposes, subject, of course, to the discretion nmendment. of the Secretary of the Interior. I feel sure it would be per­ The Cletk read as follows: fectly competent for this land to be set aside without the con­ Page 2, line '25, amend by striking out the words "ns eal'ly ai; prac­ sent of the lessee, for you will notice that this pro'dso does ticable, shall be sworn to by thP. appraisers, and shall become effective not force upon the lessee the contingency of buying the land, when approved by the Secretary of the Interior," and insert the words as is provided earlier in the section. The assistant solicitor, " within six months from the date of the passage of this act." who has charge of these affairs in the Interior Department, l\fr. ~IANN . Mr. Chairman, I offer a substitute for the in private conversation with me suggested th~t this amendment amendment. go in, out of abundant precaution for the protection of th~ coal The CHAIRMAN. The gentleman from Illinois offers a sub­ underneath the surface and the coal owner's or lessee's rights, sti t11te in the nature of an amendment, which the Clerk will though he did not take the position that this could not be done report. without the consent of the lessee. The Clerk re~d as fo11ows: Mr. MXNN. Will the gentleman yield to me for a question? Page 2, line 25, after the word " completed," strike out the remainder l\Ir. CARTER. Yes. of the section and insert In lieu thereof the following: Mr. MANN. This covers the matter about which the gentle­ "Within four months from the date of the passage of this act shall be sworn to by the appraisers, and shall become effective when ap­ man and I had a conversation. proved by the Secretary of the Interior." Mr. CARTER. Yes. Mr. MANN. Whether we ought to interfere with the provi- hlr. STEPHENS of Texas. l\fr. Chairman, I accept the amendment. I think it is better language. sions of existing leases? Mr. CARTER. Yes. The CHAIRMAN. The question is on agreeing to the sub­ Mr. .l\1A1\"'N. This is intended to cover that, is it? stitute to the mnendment offered by the committee. l\fr. CARTER. Yes; in the opinion of the solicitor, this The question was taken, and the substitute was agreed to. amendment settles that question. hlr. l\lANN. · l\lr. Chairman, in order to get the matter before . Mr. COOPER. Ir. Chairman, I notice in line 19 there is a the committee I offer another amendment misspelling of a word. The CHAIRl\1.AN. The Clerk "'ill report the amendment The CHAIRMAN. The question recurs first on the adoption offered by the gentleman from Illinois. of the amendment offered by the gentleman from Oklahoma [Mr. The Clerk read as follows: CARTER]. Page 2, line G, aftet· the word " him," insert the words: The question was taken, and the amendment was agreed to. " Not to exceed for each appraiser the sum of $10 per day for the time actually engaged in making such classification and appraisement." The CHAIRMAN. The gentleman from Wisconsin is now recognized . . 1\lr. STEPHENS of Texas. Mr. Chairman, I accept the l\Ir. COOPER. Mr. Chairman, after the word "of," on line amendment. 19, page 3, I mo-re to strike out the word " prospsecting" and The Cl'-IAIIll\fAN. The question is on the amendment offered insert the word " prospecting." by the gentleman from Illinois. The CHAIR1\Li\.N. The Clerk will report the amendment of­ The question was taken, and the amendment was agreed to. fered by the gentleman from Wisconsin [Mr. CooPER]. ~'he CHAIIl:\IAN. The Clerk will read. The Clerk read as follows : Tbe Clerk read as follows: On line 19, page 3, strike out the second " s " in the word " pros­ Sl'::c. 2. 'fhat after such appraisement has been made each holder of a psecting." coal or asphalt lease shall have a right, for 60 days after notice in writing, to purchase, at the appraised value and upon the terms and The CHAIRMAN. The question is on agreeing to the amend- conditions be1·einafter prescribed, a sufficient amount of tbe surface of ment. tile la.nd covered by his lease to embrace improvements actually used in present mining operations or necessary for future operations up to 5 The question was taken, and the amend.QJent was agreed to. per cent of such surface, the number, location, and extent of the tracts The Clerk read as follows : to be thus purchased to be approved by the Secretary of the lnt~rlor: SEC. 3. That sales of the surface under this act shall be upon the Provided, That the Secretary of the Interior may, in his discretion, condition that the Choctaw and Chickasaw Nations, their lessees, as­ enlat·ge the amount of land to be purchased by any such lessee to not signs, or successors, shall have the right at all times to enter upon said more than 10 per cent of such surface: Provided further, That such lands for the purpose of prospecting for coal or asphalt thereon, and purchase shall be taKen anu held as a waiver by the purchaser of any the right of underground ingress and egres , and to haul through from und all rights to appropriate to his use any other pat·t of the surface other lands without compensation to the surface owner, and upon the of such land, except for the purpose of prospecting and for ingress and further condition that said nations, t heir lessees, assigns, ·or successors, egress, as hereinafter reserved : Provided fu1·t11er, That if any lessee shall have the right to acquire such portions of the surface of any shall fail to apply to put·chase under the provisions of this section h·act, or tracts as may be reasonably necessary for the conduct of min­ within the time specified the Secretary of the Interior may, in bis dis­ ing operations or removal of deposits of coal and a phalt upon enter­ cretion, designate and reserve from sale such tract or tracts as be may ing into an obligation to make payment for the surface thus taken or deem proper and necessa1·y to embrace improvements actually used In used, at a fair valuation for tbc portion of tbe surface so acquired. If present mining oper>ltio:1s, or necessary for future operations, under the owner of the surface and fhe t hen owner or lessee of such mineral existing lease, and dispose of the remaining portion of the surface deposits shall be unable to agree upon a fair valuntion for the surface within such lease free and clear of any <'laim by the lessee, except for so acquired, such valuation shall be determined by three arbitrators. one tbe purpose of prospecting and for ingress and egress. as hereinafter to be appointed, in writing, a copy to be servf'd on the other party, by reserved. the owner of tbe surface, one in like manner by the owner or lessee of On page 3, line 3, insert, after the word " such," the words " classlfi· the mineral deposits, and the third to be chosen by the two so ap­ cation and." pointed; and' in case the two arbitrators so appointed should be unable 874 OONGRESSIONAL RECORD- HOUSE. JANUARY 11,

to agr~e upon a third arbitratofwitbin 30 days, then aDQ in that event, The question was taken, and_ the amendment was agr~ed to. upon the application of either interested party, the Uruted States ~­ trict judge within whose jurisdiction said Ian.a· .is located shall appomt The Clerk, proceeding with the reading of the bill, read as the third arbitrator : Provicled, That the owner of such mineral de­ follows: posits or lessee thereof shall have the right of entry upon the surface so to be acquired for mining purposes immediately after the failure of SEc'. 4. That if any tract or tracts of said land shall not be sold at the parties to agree upon a fair valuation and the appointment, as the first offering, or shall be forfeited by reason of nonpayment of the above provided, of an arbitrator by the said owner or lessee. purchase price or any installment thereof, the same shall immediately be again offered for sale in such areas and upon such terms and condi­ The Clerk read the following committee amendment: tions as the Secretary of the Interior may prescribe. Amend page 4, line 11, by strikin"' out, after the word "egress" the words " and to haul through from other lands without compensation to The Olerk read the following committee amendment : the surface ownH." Strike out all cif section 4 and insert in lieu ther~of the following: The amendment was agreed to. " SEC. 4. That upon the expiration of one year after the lands have The Clerk read the frill owing COIIllI\ittee amendment: been offered for sale, the Secretary of the Interior, under rules and regulations to be prescribed by him, shall cause to be sold to the highest On page 4, line 15, after the word "tract," strike ont the word "or." bidder for cash the surface of any lands remaining unsold and of any lands The amendment was agreed to. - forfeited by reason of nonpayment of any pa.rt of the purchase price, without regard to the appraised value thereof: P1·ovided, That the The Clerk read the following committee amendment: Secretary of the Interior is authorized to sell at not le than the Page 4, line 15, after th word " tracts," insert the words " m· rights appraised value to the McAlester Country Club, of McAlester, Okla., thereto." tho surface of not to exceed 160 acres in sec. 17, T. 5 N., R. 15 E.: . Proi·idca further, Thllt the mineral underlying the surface of the lands The amendment was agreed to. 'Condemned for the State penitentiary at McAlester, Okla., under the The Clerk read the following committee amendment: Indian appropriation act approved March 3, 1900, shall be subject to Page 14, line 18, after the word "for," insert the words " actual condemnation, under the laws of the State of Oklahoma for State damage sustained by the surface owner by reason of such entrance upon penitentiary purposes." or pro pecting, and also for." lllr. BOWMA.l~ . l\fr. Chairman, in line 2, page 6, I move to The amendment was agreed to. amend the committee amendment by inserting, after the word The Clerk read the following committee amendment: '·any," the word "surface," so that it will read "and of any Page 4, at the end of line 20, after the_ word "surface," strike out surface land forfeited,'' and so forth. . the word " thus." The CHAIRMAN'. The question is on agreeing to the amend­ The amendment was agreed to~ ment to the amendment offered by the gentleman from Penn­ The Clerk read the following committee amendment: sy 1-vania. ·AI:Uend page 5, line 7, by striking out, after the word "party," the 'l'he question was taken, and the amendment to the amend­ words "the nited States district judge within whose jurisdiction said land is located " and insert in lieu thereof the words " the judge of ment was agreed to. United States district court in the district within wb:ich said land is l\Ir. l\1Al\TN. Mr. Chairman, I move to strike out the last located." word for the purpose of inquiring what special reason there is Mr. MANN. I do not know whether the committee in this for authorizing the sale to a golf club of 160 acres of land as amendment intended to change the legal situation or authority? a special favor. l\Ir. C..IUIPBJTILL. They did not. l\1r. CARTER. Mr. Chairman, I see that the gentleman from Mr. MANN. The proper term is not "judge of the United Illinois knows something about country clubs, because he refers States d.istrid court," but it is, "United States district judge." to it as a golf club. ·He probably gets great deal of pleasure The language of the act with reference to the courts provides and satisfu.ction out of his club down in Chicago. fo.r a district judg~ not a judge of the district court I think Mr. MAl\TN. Yes; but I play with a hoe instead of a golf there might be some question whether we have power to confer stick. [Laughter.] upon a com't the appointment of the arbitrators, as distinguished Mr. CARTER. The fact is, l\Ir. Chairma~ that there have from conferring the power upon the individual who happens to been. built some- iruprm-ements on the tract in question, without be the- judge. I suggest that it be made to read " the United authority of law it is true-, ::ind the people desh~e to have these States district judge in the district within which said land is particul::u· lands included in their country club. It seems to me located." that a country club is a kind of public institution. for the Mr. FERRIS. I am sure that there is no disposition on the benefit of the public, at least to the extent of its membership part of the committee to do anything except improve the lan­ and their friends, and for that reason we thought it was guage, and if there is any question about it, the committee will nothing but right that they should be permitted to buy the be glad tO" accept the amendment. land at a price to be fixed by the Secretary of the Interior, Mr. J!i.IA.NN. The legal term is "district judge," not "judge not to be less than the appraised price. of the district court." 1\Ir. BUTLER. Will the gentleman yield? Mr. FERRIS. I shall be glad to have the amendment offered. Mr. CARTER. Certainly. Mr. CARTER. The gentleman will notice that originally the Mr. BUTLER. This is not a club for the Indians? blll contained very nearly the language suggested by him. Mr. CARTER. No; there are some Indians belonging. Mr. MANN. It would be easy to make the change so that it to it, but it is not exclusively for Indians or for Quakers. will read "the United States district judge in the district 1 [Laughter.] within which said land is located! l\Ir. BUTLER. I want to know whether it is propo ed to The CHAIRMAN. Does the gentleman from Illinois offer take this land from the Indians and sell it for less than it an amendment to the amendment? would otherwise. bring, transferring it to the use of a country Mr. MA.."T\'N. I do: club for their pleasure? The CHAIRl\IAN. The Clerk will report the amendment to Mr. CARTER. It is proposed to sell this land at a price the amendment as offered. to be fixed by the Secretary of the. Interior at not less than The Clerk read as follows : twice the appraised value. Strike out after tbe word "judge," in line 8, the words " within Mr. BUTLER. But why not have it put up at public sale, so whose jurisdiction said land is located," and insert the words "in the district within which said land is located." that the Indians may get the benefit of it? Mr. CARTER. If that were done some one might buy 10 Mr. ~1Al\"'N. The amendment that I offer in place of the com­ mittee amendment is to strike out, in line 8, all after the word acres or so, and it would destroy the value of the whole of it " judge " to the end of the line and insert in lieu thereof the for a country club. words "in the district within which said land is located." Mr. BURKE of South Dakota.. The gentleman from Okla­ The CHAIRMAN. The Chair suggests to the gentleman. from homa inadvertently said twice the appraised value. Illinois that it would be well to reduce his amendment to Mr. CARTER. That was a slip of the tongue. I meant at writing. not less than the appraised value. That " not less than twice l\lr. MANN. It is in writing on the bill. I do not suggest the appraised value " phrase has become almost a habit with any new l.:mguage. some of us. The CHAIRMAN. The Clerk will read the amendment. Mr. BUTLER. The people who place these improvements on I The Clerk. read as follows: these lands put them the:re at tbeir own risk. In line 8, strike out after the word "judge" the words "within Mr. CARTER. Certainly they did. whose jurisdiction said land is located " and insert the words "in the Mr. BUTLER. .And they knew that they might be compelled district within which said lnnd is located." to remove them. 1\11·. BURKE of South Dakota. Mr. Chairman, it seems to Mr. CARTER. Yes. me that it is a simple matter to offer as a substitute :for the Mr. BUTLER. Now, the purpose is to sell them at the ex­ committee amendment the words ... the United States district pense- of the Indians. judge in the district within which said land is located." .Mr. CARTER. To sell them at a price to be fixed by the The CHAIRMAN. The question is on the amendment offered Secretary of the Interior, not less than the appraised value, and by the gentleman from Illinois. • that is ample protection.

' . 1912. CONGRESSIONAL RECORD-HOUSE. 875

l\fr. BUTLER. The price of a thing to white men is what it ment to do. There is no reason why in making sales of land will bring at a tmblic sn.le. upon terms of interest there should not be some leniency ad­ l\Ir. CARTER If this particular tract were put up at public vanced to the purchaser, instead of coming in with bills which snle I am afraid it would destroy the value of the property you press upon the consideratie>n of Congress later to give and reduce the price which the Indians may be able to get, be­ leniency in ;favored cases. cause if some one came in and bought 10 or 20 acres, then Mr. BURKE of South Dakota. Mr. Chairman, does the gen­ probably the residue could not be sold for as high a price as tleman from Illinois think it helps this very much to give them these people will be willing to pay for it. 30 days' notice r l\1r. BUTLER. What is this land worth per acre, ordinarily! .Mr. MANN. No; I do not think so. l\fr. CARTER. I would not want to pass upon that ab­ Mr. BURKE of South Dakota. Furthermore, there never has sh'actly. I would estimate this tract-- been an instance where we have enacted this kind of legislation 1\Ir. BUTLER That is without any buildings or improve­ when Congress has not granted an extension if the conditions ments. were such as to warrant it. Mr. CARTER. I understand. I .would say that this par­ Ur. MA.i~N. I know, but this· is the most stringent proyision ticular land might not be worth on an average exceeding two that has ever been in any bill of this sort, I think. or three dollars per acre, for agricultural or grazing purposes; Here is a provision that directs the Secretary of the Interior but if it is sold in one tract to this country club it may bring to take possession of the land and another one which directs between ten and twenty dollars per acre. It is rough land, as him at once to offer it for sale again. is usual with country clubs. I have only been over the land Ur. FERRIS. If the gentleman will yield to me right there. hurriedly, and I saw only one small tract o.f-well, I would say, I ha-re not any objection; in fact, I am rather soothed by the not to exceed 10 or 15 acres which was sufficiently level for gentleman's statement, and I hope leniency will be given to agricultural purvoses. these people if they have to come and ask for an extension, as l\fr. BUTLER. If the gentleman is satisfied that this is all these people may if we have droughts like we have had. But I right, I do not see why I should take any exceptions to it or want to make this observation : They will wait until the last a sk any questions a.bout it, while. it would seem to me that the minute of the 30 days, if you give them 30 days, and they will Indian ought to hm·e out of it all that the Indian is entitled wait until the last minute of the 90 days, if you give them 90 to have, because the white man is on his back all the time, and days, and then they will come and ask the same thing ; so I am always bas been. not sure we will accomplish a great amount by providing any ~Ir. CARTER. I think he will get more under this plan than specific notice. They will not pay until the last minute, any­ otherwise. how. The CHAIR:UAN. The question js on agreeing to the Mr. M.A..i~. It is perfectly patent if n. man dies he can not a mendment as amended. borrow money to make the final payment and can not consum­ The question was taken, and the amendment was a.greed to. mate the payment, and if the Secretary follow·s this law he The .Clerk read as follows: will put up the land for sale. Somebody will lose. SEC. 5. 'That the sales herein provided for shall be at public auction, Mr. JA.CKSON. Does not the gentleman think we are a.pt to under rules and regulations and upon terms to be prescribed by the involre . ourselves in a technical way that might endanger the Secretary of the Interior, except that no payment shall be deferred longer than two years after the sale is made. All agricultural lands title to all of this land by adopting any other rule than this r shall be sold in tracts not to exceed lGO acres, grazing lands in tracts For instance, if the gentleman will permit further, it is pro­ not to exceed G40 acres. and lands especially valuable by reason of posed to give, say, a 30-days' notice. What kind of a notice, proximity to tmvns or cities may, in the discretion of the Secretary of the Interior, be E:old in rots or h·acts containing not less than 1 acre upon whom is it to be served, and when? The courts univer­ each. Ali deferred payr::J.ents shall bear interest at 5 per cent per sn.11y hold that directions of this sort must be strictly folJowed, :innum, and if default be made in any payment when due all the rights and you will have a lot of men impeaching these contracts of of the purchaser thereunder· shall cease &nd the lands shall be taken po sesion of by the Secretary of the Interior for the benefit of the two sn1e for the next 25 years unless you provide specifically the nations, and the money paid as the p~rchase price of such lands shall title shall be forfeited upon nonpayment. be forfeited to the Choctaw and Chickasaw Tribes of Indians. l\Ir. MANN. It is easy enough to insert a provision in all of With the following amendment: these bills giving to the Secretary of the Interior some discre­ rage G, line 17, after the word "regulations," insert the words " and tion for good cause shown to extend the time of payment. I do upon terms." not think it will cause any trouble at all to do that. • Mr . .MANN. Mr. Chairman, I discussed this section with the Ur. BURKE of South Dakota. Will the gentleman yield for gentleman from Oklahoma [.Mr. CARTER], who introduced the another question? bill. I do not know whether I made any impression upon his :Mr. MANN. Certainly. mind, but I apprehend not, unless he has an amendment to Mr. BURKE of South Dakota. Or a statement. I would say offer. 1\fay I ask the gentleman whether he· intends to offer that in many of the earlier bills providing for the sale of Indian nu amendment? lands, those of us from the West always put in a proYision l\Ir. CARTER. Ur. Chairman, after discussing this section such as the gentleman suggested, and always have to consent with the gentleman from Illinois [1\Ir. 1\IA.NN], at his sugges­ that it be stricken out by the House. · tion I took this matter up with the solicitor in the Interior Mr. 1\fA.1-.TN. I have been in the House longer than my friend Department, and in a conversation that gentleman suggested from South Dakota nnd kept fairly good track of the proceed­ that after the word "do," in line 3, page 7, we insert the words ings in the House, and I think the gentleman is mistaken, al­ " after 30 days' notice in writing," and that that would cure the though he may be correct. objection, he thought, of the gentleman from Illinois, whlch l\1r. BURKE of South Dakota. i\Ir. Chairman, I would not was to the effect that this was too stringent a forfeiture clanse. be surprised if I could find somewhere in the discussion, when l\Ir. l\IANN. Mr. Chairman, I ha.ve no amendment prepnrccl some of these bills were up for consideration, that the gentle­ to offer to this section, but I wish to enter my protest against man himself was insisting upon striking from the bill a pro­ provisions of this kind in a bill providing for the sale of lands. vision that gave any latitude whatever, and insisting upon this Here is a proposition to sell the surface land, with a provi­ drastic language. sion that no payments shall be deferred longer than two years :!"!fr. ~'N. I would be very much surprised, because this is after the sale is made, which, to begin with, is an onerous con­ not the first time I ha-ve called to the attention of the gentle­ dition in the sale of land, and with another provision, that man's committee the desirability of placing everybody upon if default be made in any payment when due all the rights of the same basis in advance instead of perennially coming in here the purchaser shall cease, with another provision in the bill after some one gets the land with a request to extend the tirne. that thereupon the Secretary shall offer that land for sale. 1\fr. BURKE of South Dakota. In other words, the gentle­ Since I ham been a Member of this House gentlemen on the man's objection to this language is that be does not wish in the floor here representing the newer portions of the country have future to grant a.ny extensions of time unde0r any circumstances. come in repeatedly with bills to extend the time of payment. .Mr. l\IANN. I do no't wish the occasion to arise where it is We are just as much interested in our part of the country in necessary for Congress to act ·as a matter of fa·rnritism to having known what the terms of the payment are going to be, somebody who has been lucky or unlucky, either one, to get the so that anyone who wishes to acquire this land may acquire it land. on even terms with the people in Oklahoma or elsewhere) and l\Ir. BUTLER. Mr. Chairman, will the gentleman from Okla­ everyone in this Ilouse knows now that all of these purchasers homa [i\Ir. CARTER] answer me a question or two? I am curious will not be able within the two years to make their entire pay­ to know what kind of people a.re likely to buy this land. ment. The man who buys the land may die. It becomes im­ Mr. CARTER. All of this land? possible for his estate to borrow money upon the land with Mr. BUTLER. Or any pa.rt of it, people who are responsible, which to make the :final payment, and, under the terms of this :financially responsible people? bill, bis estate forfeits all that he has paid upon the land, as Mr. CARTER. There will be to a large extent small farmers well as the land itself, and it is not a fair thing for the Govern- living around the towns. · Then the agricultural lands will be 876 OONGRESSION AL RECORD-HOUSE. JANUARY 11, sold to othe1· farmers of more or less responsibility, and the Mr. COOPER. I will ask if that will not impose a tremen­ land not suitable for agricultural purposes will be sold most dous burden upon the Secretary of the Interior? People are likely to ranchers. dispo·sed to be lax or delinquent, and some will immediately get .Mr. BUTLER. This seems to me about as nasty a bargain wise to that, and attorneys and everybody they can hire will be as I have eYer seen. You could not sell any land in our country here to see the Secretary of the Interior. Not only that, but upon such terms, where the purchaser, if he becomes unfortu­ they will make fill endless burden to the representatives of the nate at the end of a year or two, will be deprived of all im­ Government in that section. provements and all the fruits of his labor. I think you are i\Ir. STEPHENS of Texas. Will n{)t he take the view of it placing an obstacle on the sale of the land and it would not that Congress does whenever there has been a great drougth or bring anything. Now, is not that a disadvantage to the sale of something of that kind-some act of God-and would he not this land? relieve the settlers from failing to pay this money? Mr. CARTER. I want to say to the gentleman from Penn­ Mr. COOPER. If it is an act of God, there will be no trouble sylv:.uiia that many million dollars' worth of land has been in getting a bill through Congress to remedy it. There has sold in Oklahoma under just such a provision as that, and, in never been any trouble before in such cases. fact, that has been, in effect, the provision under which the Mr. STEPHENS of Texas. This would relieve Congress from Indi:m lands in the east side of Oklahoma:, whieh embraces the that bm·den. territory of the Ftve Civilized Tribes, have been sold. If the Mr. COOPER. But it would put an additional burden on the gentleman will permit me, I will read from the act allotting Secretary of the Interior. It seems to me that to put all that the Cherokee Jands-- bmifon on him and to compel him to listen to the complaints :Mr. BUTLER. Before the gentleman answers that, I would and to the excnses for the nonpayment of the money down in like to ask him if the land would not bring more m{)ney if he Oklahoma " ould be too much. would make an easier contract. Ur. STEPHENS of Texas. What suggestion would the gen­ l\fr. CARTER. I doubt if these lands would. .l\ioreover, we tleman make for the relief of these people from forfeitures? are under obligations to settle with the Indians, and that M:r. COOPER. .My belief is that the bill ought to stand as it obligation, as heretofore stated, iH already 6 years past due. is now. The terms are perfectly plain, and the people need Now, if yon put these payments off 5 or 10 years, the tribes not buy that land if they do not want to. If they can not will disintegrate and go to pieces before a fin-al settlement is pay, they ought not to purcbn.se. If there is any act of God had, and some of us would like to get our hands on some of that makes the payment impossible, they can come to Congress our money before that occurs. and have the time extended. · l\Ir. BUTLER. The subject is interesting to me. You do not The CHAIRMAN. The Chair would state that the pending suppose this race of Indians will not eix.st at the end of 10 amendment is the amendment to line 17, page G. As the Chair yen rs? understands it, the amendment now offered is in n-o way a sub­ Mr. CARTER. As an organized tribe, yes. The, legal tribal stitute for that. We have not yet reach-ed the matter involved existence of these people will doubtless be discontinued at an in the substitute offered by the gentleman from Texas [Mr. e:arly day. A very few years, at th~ most, should see the end STEPHENS). of tribal conditions. Mr. COOPER I want to say one werd, Mr. Chairman, if ~fr. BUTLER. Could not there be· some provision made, I may, in reply to the suggestion of the gentleman from Texas however, by which they would receive money payable part in [Mr. STEPHENS], and that is that th.e uct of ConO'ress, a portion one year and two years, and so on. of which was just read by the gentleman from Oklahoma [.Mr. :\Ir. CARTER. To begin with, the Indians would be against CARTER], contains a provision similar to this. The gentleman any such payments as that. Then again, there may arise some from Oklahoma says that there is nothing unusual about this very serious legal complicati-0ns if these tribes go out of legal IJrovision in the bill and that the law was equally stringent, so existence before these lands- are sold and paid for. fa.r as the disposttion nf other lands in Oklahoma is concerned, The treaty of 1 56 contains a provision which, under certain and th.at,J.t has wol'ked no hardship to anybody. The gentle­ conditions, grants to the Missouri, Kansas & Texas Railroad man from Oklahoma, who knows, says that it has not resulted every alternate section within 6 miles of the railroad through in the forfeiture of any land whatever, except in cases where the entire land of the two tribes. That road passes right the purchasers found they did not want to keep the land and through tbis segregated mineral land. It is the contention of voluntarily relinquished all claims upon it. the Missouri, Kansas & Texas Railroad's attorneys, and of many The OHA.IRMAN. The question now before the committee is other good lawyers for that matter, that when the tribal ex­ the amendment reported by the Clerk on line 17 of page 6. istence is abolished the title to these lands, which is in the The question was taken, and the amendment was agreed to. tribes, vests in the Federa~ Government, and that the moment The Clerk read as follows: that title vests in the Federal Government the "Katy" land grant On page 6, line 18, after the word " Interior," insert the words is made automati~ally effective. By this statement I do not "except that no nayment shall be deferred longer than two years after mean to commit myself to the contention of this railroad com­ the sale is made. pany. In fact, I believe their contention is not good. But to The CHAIRMAN. The question is on agreeing to the amend- say the least of it, a long--Orawn-out suit will be the result, and ment just read. in order to avoid such litigation it would ·b.e much better to The question was taken, and the amendment was agreed to. have these title matters all settled at the earliest possible day. The Clerk read as follows: Mr. BUTLER. The condition which was imposed struck me On line 23 page 6, after the word " acres," insert the words " and lands especia.ily valuable by reason of proximity to towns or cities may, as being a very heavy one, and that is the reason I asked the in the discretf.on of the Secretary of the Interior, be sold in lots or gentleman the question. . tracts containing not less than 1 acre each." :Ur. CARTER. Let me read the provision in the Cherokee The CHAIRl\.IAN. The question is on agreeing to the amend­ agreement, under which their land was sold as town sites, ment. and so forth : The question was taken, and the amendment was agreed to. Sze. 45. When the appraisement of any town lot is made and approved the town-site commission shall notify the claimant thereof of Mr-. RUSSELL. Mr. Chairman, in one amendment, according the amount of appraisement, and he shall. within 60 days thereafter, to the copy I have, the word "in" is stricken out. Thilt is the make payment of 10 per cent of the amount due for the lot, and four proposed amendment in line 21. That seems to have been over­ months thereafter he shall pay 15 per cent additional, and the remainder of the purchase money he shall pay in three equal annual looked. installments, without interest; but if the claimant of any such lot The CHAIRMAN. The Clerk will report the amendment fail to purchase same or make the first and second payments aforesaid · referred to. or make any other payment within the time specified, the lot and im­ provements shall be sold at public auction to the highest bidder, under The Clerk read a.s follows : the direction of the Secretary of the Interior, at a price not less than In line 21, page 6, after the word "acres," strike out the word its appraised value. · "and." Now, I want to say to my good friend from Pennsylvania The CHAIRMAN. The qaestion is on agreeing to the amend­ that while I have not examined the records I have heard no ment. complaint about th-e enforcement of this much-feared clause, The question was taken, and the amendment was agreed to. and I am sure none of these la.tids have been forfeited unless, Mr. KENDALL. Mr. Chairman, I wanted to lllil.ke an inquiry perchance, the purchaser found he had made a bad barvain, and of the chairman (ff the Committee on Indian Affairs. Is the let the forfeiture take place for his own gain and benefit. chairman of the committee about to offer an amendment to Mr. BUTLER. I think it is all right, because my friend says obviate the objection made by the gentleman from Wisconsin so, but it would not be acceptable to our people. [Mr. 0ooPER)? l\fr. STEPHENS of Tex.as. Let me suggest the following Mr. STEPHENS of Texas. Since I ha.ve had the opportunity amendment: to examine into it I do not think that would be necessary. It After the word " shall " in line 4, page 7, add the words " under the discretion of the Sec1·etary of the Interior," and in line 5 strike out the says, " No payment shall be deferred longer than two years words .. the Secretary of the Interior " and insert the word " him." after the sale is made." That ls part ot the same section~ 1912 .. CONGRESSIONAL RECORD-HOUSE.

Would not that d.efer these payments for two years? That was Mr. I' KE~TDALL. The g-entleman from Oklahoma would the construction I placed -0n tM whole section on reading it, scarce1y find any white men who were willing to loan money at and I do not think they could )}e declared forfeited until .after 5 per .cent jn that State. the expiration of two years. Mr. CARTER I have not found filly yet, and, like most Mr. BUTLER That is long enough. .l\.fembers of this distinguished presence, my quest of cheap Mr. KEl\'DALL. Is that the interpretation which the chair­ money might be described in theatrical parlance as a "continu­ man of the committee puts upon the section? ous performance." [Laughter.] .Mr. STEPHENS of Texas. Yes; upon the wnole section. I Mr. MORGAN. Mr. Chairman, I wish to explain the inter.est do not think that last clause is nece"SSa.ry, because this other question from my viewpoint. The State of Oklahoma has Sold provision says, " Payment shall not be deferred longer than a large amount of chool land and has many milli-0n dol1a:rs in two years after the sale is made." That does not apply to the her school fund, and -an of her public fuitds are loaned at 5 forfeiture, though. ' per cent. The committee believ-e.d that tile buyeTs of this lnnd Mr. KENDALL. What has that g.ot to do with it! Suppose ought not to pay any higher interest than the men who buy her they drew only 2 .per cent. I want to ask the gentleman of school lunds or borrow her school funds. Then on :all sales o'f tlrn committee are these deferred payments to draw fi _per cent land that I have known Qf for years tile buyers ha-ve never interest? paid more than 5 per cent. Mr. STEPHErs of Texas. I understand this does not apply. I desi1·e to say, further, upon this bill the land is not 1\lr. KTu~D.ALL. Does not .apply to what? within my congressional district. I therefore f.eel like follow­ Mr. STEPHENS of Texas. No payments shall be deferred. ing the lead of my colleague whose -people are more directly I understand the Secretary of the Interim· has put a wrong interested. construction on it. He can not defer these payments more I believe it is the duty of the United States Government to than two yea.rs. When he makes his rules and regulations .the purchnse the minerals in these lands and dispose of the sa.me land must be paid for within two years. • as it does other minerals belonging to the Government. The 1\1r. KENDALL. That is what I thought the gentleman was United States should either let the Indians dispose of these objecting to, that the requh·em€nts of this bill were too .rigid lands-minerals and all-to the best purchaser they can find, against purchasers of the land. or the Government itself should buy these minerals and pro­ .Mr. STEP.HENS of Texas. I :think, Mr. Chairman, that the vide for the immooiate sale of the surface for agricultural pm.·­ amendment I have suggested ought to be adopted. After the poses. This is u vast estate, belonging to the lndians, and the word " snall," on page 7, line 4, strike out the words " the Sec­ United States, under its treaties, should see that it is disposed retary of the Interior" filld insert the word " him." of promptly, in o-rder that the individual Indian may enjoy l\Ir. KENDALL. If that amenCiment were ad-0pted, it would the use and benefit af it, and, further, to the end that the tribal be discretionary? affairs of these Indian Il!l.tions may be finally closed. I think l\lr. PROUTY. Mr. Chairman-- there is much weight in the claim by the Indians that Congress, 1\Ir. KENDALL. The gentleman from T.exa.s ha.s offered an by its failUI"e to act, is doing an injustice to the Indians. .amendment. However, I nnderstund that this matter has been fully pre­ 1\Ir. PROUTY. I did not so understand it. sented to the Committee on Indian Affairs, and that there is no Mr. STEPHENS of Texas. I suggest that it be amendetl so prospect of legislation this session of Congress that will pro­ as to read " shall, .at the discretion of the Secretary of the Tide for the S!lle of the minerals under these lands. The com­ Interior, ce.ase, and the land shall be taken possession -0f b.Y mittee has therefore -reported favorably this bill, which provides him." Strili:e out the words "the Secretary of the Interior" for the sale of the surface only. just before the words "for the b€llefit or the two nations." I therefoTe feel it my dnty to support this measure. These The CHAIRMAN~ The Clerk will report the amendment of 1ands, comprising 450,000 acres, are to-day blocking the prog­ the gentleman from Texas 11\Ir. STEPHENS]. · rf'ss of a 1arge section of our State. They are unoccupied, un­ The Clerk reacl as follows : cultivated, and unpopulated. They axe untaxable. 'They con­ On pnge 7, line 4, after tlle wor.d " -sball" where it occurs the first tribute nothing to the support of the local or State government. time in the line, insert the words " at the discretion of the -Secretary of tb.e Interior," aDd at the en.d of line 4 a.nd on line 5 strike out As they now stand tlley are an actual burden upon the tax­ the words " the Secretary of the Interior " nnd insert the word " him," .payers of the State. This .should not be allowed to continue. so that it will read, beginning witb line "3, page 7, "payment when due There are nearly 3,000 quarter sections of land in this tract. all the rights of the purchaser thereunder sbaU, at the diseretion of the Secretary of the Interior, cease and the lands shall be ta.ken poBsession lt will pro-vi.de hames for 15,000 or 2-0,000 people. I think it of by him for the benefit of the two nations," and so forth. is -poor policy to allow Tast tracts of land to lie idle when ~fr. KEl\'DALL. Before that committee amendment is adopt­ many are w:mting homes. The Indians consented to the allot· ed, I want to ask what was the purpose of the committee ment of their lands, to the abandonment of their triba1 gov• in fixing the rnte of interest on deferred payments at 5 per ernments, and to statehood. Having gone this far, they can cent? Is that the rate that is m effect in the State of Okla­ not now say that we are unjust if in the disposition of their homa now? Iands we give some consideration to the rights of others who, l\1r. STEPHENS of Texas. I think 6 per cent is -the legal by reason of the changes to wllich they have consented, llave rate. become their neighbors and fellow citizens in the State of Mr. CARTER. Six per I!ent without eon.tract, and 10 per Oklahoma.. These lands should, therefore, be sold at the earliest cent under contract. date :possible, to the end that tlley may cea.se to be a hindranc.e Ur. KENDALL. Six per cent where there is no intere t to the progress, the growth, and the d-e-velo:pment of the coun·1 .expressed in the contract. In other words, that is the legal try and become a region for .homes, for industry, for Behools, rate. and churches, bearing its share of the bmdens and enjoying its Mr. GARTER. Yes. ·share of the blessings of, State and local governmenm. 1i1r. KENDALL. What is the ·object in reducing it? Tu. STEPHK ~S of Texas. · 1 ask for a -vote on the amend- Mr. STEPHENS of Texas. We offer -an iinducement to buyers ment. b.Y reducing the interest rate 1 -per cent below the legal rate. The amendment was agreed to. Mr. KENDALL. Is there any doubt that the surface of the '.rhe Cl-erk l'ead as follows : land, yaluuble as it is, will be bought immediately under the SEC. 7. That there is hereby appropriated, "from an_y funds in the terms United ·States Treasury not otherwise ap:propriated, tlle ·snm of $50,000 of this bill? to pay the expenses of the app:r.aisement ;and Bales herein pi-ovidea .for, Mr. .CARTER. That concession was given in consideration the United States to be reimbucsed from the -proceeds of the saJe of of some of the stringent condilions .im,posed. said property. Tbe net proceeds of said sales shall be placed to the credit of said -choctaw and Chickasaw Natlons and distributea "to the .Mr. KE...~D.ALL. But the gen±leman from -Oklahoma has members thereof, freedmen e:x0epted, :as other !nn.ds of said nation are con'"°inced the committee that the conditions are not Btringent. to be m.s:tributed . .l\Ir. CARTER. They ar.e not ..stringent taken in considera­ 'The following eamm.iitee amendment wa-s read: tion of an interest rate of!> per cent. If the interest rate was Strike out all of section 7 and insert in Hen thereof tbe following : 10 _per cent they wonld he stringent. " SEC. 7. That there is be:re appropriated, out of any mon.eys in the MT. KENDALL. I think the inte.r~t ought to be what any­ Treasury not otherwise appropriated, belonging to the Chof!taw and Chickasaw Tribes of Indians, tbe sum of $50,000 to pay expenses of body ·else would ha¥e fo pay who .borrowed mon~y -0n real the classification, appraisement, and sales herein provided 1or, and the estate. proceeds received from the sales of J.a:nds hereunder shall be paid into Ml:. CARTER. I think it will rceally be a benefit to the own· the Treasury _of the United States to the credit of the Choctaws and Chickasaws and disposed of in _accordance with section 17 nf n.n act ers of the land to make the interest as low a.s 5 per cent 1 entitled 'An act to provide for the frna.l disposition of the affairs of think there will really be a better priee paid for th~ land. We the Five Civilized Tribes in Indian Territory, .a:nd for other purposes,' .haTe never had any 5 per cent money in rOklnhoma, and the approved April 26, 1906: Provided1 That the Secretary of the Interior oppnrtunity to get 1a.nd on deferred .Payments at that low :rate be, and he is Jlereby, authorized :co j)rescribe such rules, regulations, and conditions as he may deem nec.essary to carry out the jlrovision.s should be .an i.uducement to buyers te pay .a -very good .Ilric.e. of this act." 878 CONGRESSIONAL RECORD-HOUSE. JANUARY 11,

Mr. .MANN. Are you going to leave that proviso in the Mr. STEPHENS of Texas. Has the gentleman read the bill amendment? carefully, and does he know that it applies only to coal and Mr. C.ARTEU. Mr. Chairman, I want to take out the pro­ asphalt? viso by striking out all after the word " six," in line 22, and also l\fr. MONDELL. I have simply glanced over the bill, and lines 23, 24, and 25. while it only applies to coal and asphalt,.it only authorizes the The CHAIRMAN. The Clerk will report the amendment. sale of the surface, and there is no definition of what constitutes The Clerk read as follows : the surface. Strike out all after the word "six," in Une 22, and all of lines 23, l\1r. STEPHENS o.f Texas. The only thing reserved is the 24, and 25. coal and asphalt, and everything else goes. Mr. BUTLER. Why is it proposed to do that? l\fr. MONDELL. Oh, no; on the contrary, nothing goes but Mr. CARTER. It is contained in a new section, section 8. the surface. Had you stated, as we did in the bill providing The amendment to the amendment was agreed to. for the agricultural entry of the surface of coal lands-rather a The CHAIRMAN. The question now is on the adoption of misleading title-that the patent issued by the Government the committee amendment as amended. should be a fee with a reservation, then the owner of the sur­ Mr. COOPER. What is the amendment before the House? face would own e\erything except the reserved minera.l, with The CHAIRMAN. To strike out section 7, as originally which goes the right to extract it. printed in the bill, and insert the amendment offered by the - There may be laws in Oklahoma which would provide for - committee as amended. operations under a bill of this character, but in the absence of The committee amendment as amended was agreed to. State legislation clearly defining what constitutes surface, it The Clerk read as follows: seems to me you are opening the way for interminable trouble, SEC. 8. That the Secretary of the Interior be, and he is hereby, innumerable lawsuits, difficulties of all kinds and character, authorized to prescribe such rules, regulations, terms, and conditions as he may deem necessary to carry out the provisions of this act. injunctions against the farmer if he attempts to sink a well or drill fo1· water, or quarry rock which is below the surface, or Mr. l\IONDELL. Mr. Chairman, I move to strike out the dig a little clay, or do any one of the many things that the last word. I shall not offer an amendment except the pro owner of the surface is certain some time or other in his forma amendment, but I desire to call the attention of the occupancy to want to do. gentlemen from Oklahoma, who are very much interested in this legislation, as we all are in a way, to the fact that there l\Ir. RUSSELL. l\fr. Chairman, does the gentleman not think is no definition in the bill as to what constitutes the surface of this would be construed to carry with it the use of such things this land. This is a new class of legislation. So far as I as usually go with the enjoyment of the surface, such as the recall we have not heretofore provided for the disposition of digging of wells and the digging of cellars? the surface of any lands. We have legislation under which we Mr. MONDELL. I thihk you could, finally, under a State law, issue a limited patent, but that limited patent is really a fee work out some sort of an interpretation of what Congress with limitations. In those cases the owner of the limited meant, or possibly the questions that would arise would be patent has complete control of the property, and all that is questions that could be taken into the Federal courts, but it is reserved is the body of certain designated minerals. so easy to make a clear definition that there is no excuse for Now, with that kind of separation there is little opportunity leaving the matter in the air. All that ought ever to be re­ for questions to arise as between the two owners-the owner served in the separation of such an estate is to resene the of the mineral and the owner of the balance of the estate-as to mineral and the right to extract it, the balance of the estat~ their respective rights. But it seems to me that you are piling ought to belong to the man who lives on the ground, -the man up opportunities for contests and lawsuits of all sorts when you who tills it and utilizes it. Any other separation is unfair, pro-vide for the sale of the surface of a piece of ground. What unjust, makes the surface title of but little \alue, leads to constitutes the surface? How far can a farmer dig on these interminable trouble and Ian-suits, and is no more satisfactory grounds for a well? Can be dig a cellar? Can he quarry stone to the mineral claimant than the separation which was made on the ground if it happens to be a few feet below the surface? in the legislation of two years ago, under which, it seems to me, What recourse has he if the miner in mining recklessly and no question can ernr rise as between the two proprietors. wantonly destroys or injures the surface? l\Ir. CARTER. Mr. Chairman, we are all accustomed to plac~ It seems to me that you are creating a sort of a fee here that great reliance in the opinion of the gentleman from Wyoming re­ .will be exceedingly unsatisfactory and will lead to all sorts and garding land titles. In this case, however, I simply desire to kinds of difficulties. It seems to me that at the yery outset repeat that millions of dollars' worth of property haYe been sold wherever the land is being mined you will ha-ve difficulty. on these coal lands for town sites, somewhat similar provisions, Now, I admit that it is rather late in the discussion of the and not a single one of the obstacles the gentleman has men­ matter for me to make these remarks, but I did not know. that tioned bas ever been brought to the surface. No such suit has the bill was to be considered to-day and have been out of the eyer been brought and no such contention has arisen. Chamber. I suggest, however, to the gentlemen from Oklahoma Mr. MOl\-rnELL. Do I understand the gentleman to say that that if might be well for them to consider these very important the surface of the lands has been sold? features of this legislation. It would have been \ery easy to Mr. CARTER. For town-site purposes. have made a provision in regard to the sale of this land similar Mr. UO:NDELL. The surface? to that which was made in the separation of the coal from the Mr. CARTER. Yes; and n-ells have been dug on them, and remainder of the estate in the bill passed by the House two other impro'rnments made. years ago, in which we provided for the disposition of certain Mr. 1\101\TDELL. Under what law? public coal lands, reserving the body of the coal, and provided l\fr. CARTER. Under the law of May 29, 1908, while the gen­ the conditions under which the owner of the main portion of the tleman from Wyoming was himself a member of this House. ·estate might recover for damages caused by the mining of the Mr. 1\f ONDELL.' Under which you sell only the surface? coal. Under that legislation there can be no question as to the Mr. C.A..RTER. Yes; and, I think, under the act of June 28, right of the owner of the surface to dig a well, to sink for 1898, also, though I would not be sure as to the last reference. artesian water, to quarry such rock as be might need for his Mr. l\IONDEJLL. I can imagine that you might have legis­ own use, or to quarry rock for commercial purposes if he de­ lation affecting li.inited areas under which, up to this time, you sired so to do, so long as he does not interfere in the use of the might ha"\"e no difficulty, but when you apply the principle to a property by the mineral claimant or owner. \ery great area of territory, on which eventually you will have Such legislation clearly defines the limits between the two a large population, it seems to me it is \ery important that you estates. This leaves the whole matter in the air. Is the limit should clearly define what is meant. of the surface an inch down, or 2 inches down, or 2 feet, or 20? Mr. CARTER. There is quite a large population there now. And what are the respective rights of the two claimants? Mr. MONDELL. My view of this legislation is this, if the What are the rights of the surface owner ·as to clay, as to sand, gentleman will allow me, that you propose to sell something as to stone, anything and everything that may be in the land called the surface to one man. You then propose to sell a except the minerals named in the bill? certain mineral to another man, and if another mineral should The CHAIRl\IAN. The time of the gentleman from Wyoming be discovered the question would immediately arise, Who is ha.s expired. · the owner of that minerul? In my opinion, under this legis­ Mr. MONDELL. l\fr. Chairman, I ask for five minutes more. lation the tribe would be the owner of the other mineral, The CHAIR.l\fAN. The gentleman asks that his time be ex­ and eventually you might have four or five proprietors on the tended five minutes. Is there objection? same piece of land. T·here was no objection. :Mr. BURKE of South Dakota. 1\Iy understanding is that Mr. MONDELL. In-ant to say to my friends from Oklahoma the conveyance of this land would be by the tribe, and I that I feel like apologizing for coming into the discussion at so think the law provides for that now; and if the tribe made a late an hour. conveyance of the fee, simply reserving the right to the coal 1912. CONGRESSIONAL . RECORD-HOUSE. 879 and asphalt, does the gentleman not think there would pasS a "Mr. STEPHENS of Texas. Mr. Speaker, I moTe the previ­ title that would be above the controversy .he suggests? ous question on the bill and amendments to its final passage. l\1r. l\IONDELL. If this legislation is necessary in order to The motion was agreed to. authorize the tribes to so ·dispose of their lands, then the clis­ The SPEAKER. Is a separate Yote demanded on any_ position t?ould only be in accordance with the legislation, and, amendment? If not, they will be taken in gross. assuming that this authority is necessary-and I assume it is, The question was taken, and the amendments were agreed to. or the legislation would not be here-the tribe could only part The bill as amended was ordered to be engrossed and read with title in accordance with the legislation. a third time, was read the third time, and passed. Mr. BURKE of outh Dakota. I want to call the gentle­ On motion of l\Ir. CARTER, a motion to reconsider the vote by man's attention further to the fact there is a provision in this which the bill was passed was laid on the table. bill which is very broad, whi<'h gives the Secretary of the In­ LEAVE OF ABSENCE. terior power to make certain rules and regulations. Now, if there is a conveyance made, such as the gentleman suggested, By unanimous consent, Mr. JACOWAY was granted leave of I am inclined to think the tribes would be estopped from rais­ absence for two days, on account of illness. ing 'the question if there was other mineral discovery. WITHDRAWAL OF PA.PERS. l\1r. MONDELL. That might be true, but that does not re­ By unanimous consent, l\fr. HARDWICK was granted leave to move the main difficulty, and that is the question of the con­ withdraw from the files of the House, without leaving copies, troversies that are certain to arise. Titles can not be fixed by th~ papers in the case of O'Connor & Schweers, Sixty-first Con­ rules and regulations." It seems to me that in legislation of gress, first session, no adverse report having been made this character the line should be made clear as between the thereon. owner of the so-called surface, whatever that may be, and the Mr. BATES, by unanimous consent, was granted leave to with­ o'\Vller of the mineral; and where will you separate the estate? draw from the files of the House, without leaving receipt there­ Will you separate it an inch below the surface or 10 feet below for, the papers accompanying House bill 21848, Sixty-first Con­ the surface or a thousand feet below? Furthermore, I am in­ gress, second session, no adverse report having been made clined to the opinion that instead of providing for two estates of tpereon. uncertain character you leave room for a third claim or estate of ADJOURNMENT. any other mineral than coal or asphalt. The situation would be Mr. U:t\"'DERWOOD. Mr. Speaker, I move that the House do intolerable. now adjourn. Now, just one other suggestion. I assume that the laws of The motion was agreed to; accordingly (at 5 o'clock and 51 Oklahoma do not provide for the condemnation of land or ·sur­ minutes) the House adjourned to meet to-morrow, Friday, face for the purpose of the opening of a coal mine, and I see no January 12, 1912, at 12 o'clock noon. such provision here. What is to occur if some one secures a considerable area of surface under this bill, perhaps at a nomi­ EXECUTIVE COMMUNIOATIONS. nal figure, and la.ter the Indians desire to sell the coal and Under clause 2 of Rule XXIY, executive communications were the purchaser desires to mine it? Are you not providing a taken from the Speaker's table and referred as follows: method whereby at small cost by purchase of the surface the 1. A letter from the Secretary of the Treasury, transmitting coal and asphalt may be controlled? There should be some pro­ copy of a communication from the Postmaster General reduc­ vision for condemnation or the exercise of the right of reentry. ing his estimate for appropriation for railway post-office cars The OHAIRMAN. The question is upon agreeing to the for the fiscal year 1913 (H. Doc. No. 4..34); to the Committee on amendment to strike out section 8. the Post Office and Post Roads and ordered to be printed. Mr. STEPHENS of Texas. Mr. Chairman, I ask that that be 2 A letter from the Secretary of the Treasury, transmitting voted down, so that that will be restored. copy of a communication from the Postmaster General reducing The question was taken, and the amendment was rejected. his estimate for an appropriation for inland transportation by Mr. STEPHENS of Texas. Mr. Chairman, I move that the railroad routes for the fiscal year 1913 (H. Doc. No. 435) ; to committee do now rise and report the bill and amendments the Committee on the Post Office and Post Roads and ordered favorably to the Honse. to be printed. Mr. COOPER. l\fr. Chairwan, one moment. I ask unani­ 3. A letter from the Secretary of Commerce and Labor, call­ mous consent to recur to section 8 for a moment, because I ing attention to estimates of appropriations submitted on think that section ought to be amended before it is passed. account of Lighthouse Service and requesting favorable con­ .Mr. STEPHENS of Texas. What suggestion does the gentle- sideration (H. Doc. No. 433); to the Committee on Appropria­ man desire to make? . tions and ordeTed to be p1inted. l\Ir. COOPER. The Secretary of the Interior ought to be 4. A. letter from the Secretary of the Treasury, submitting authorized to prescribe such rules .and regulations and condi­ schedule of useless papers on file in the Treasury Department tions, not inconsistent with this act, which he may deem neces­ (H. Doc. No. 437) ; to the Committee on Disposition of Useless sary to carry out its provisions. Executive Papers and order€d to be printed. l\Ir. STEPHENS of Texas. I will accept the amendment. 5. A letter from the clerk of the Court of Claims, transmitting Mr. COOPER. I move that as a substitute.for section 8. a copy of the findings filed by the court in the case of Douglass Tb.e CHAIRMAN. The gentleman from Wisconsin offers an Taylor, administrator of estate of David Crow, deceased amendment, which the Clerk will report. (H. Doc. No. 436); to the Committee on War Claims and or­ The Clerk read as follows: · dered to be printed. Substitute for the amendment the following : 6 . .A. letter from the ·secretary of War, transmitting, with a " SEC. 8. That the Secretary of the Interior be, and he is hereby, letter from the Chief of Engineers, report of examination and authorized to prescribe such rules, regulations, terms, and conditions, not inconsistent with this act, as he may deem necessary to carry out survey· of Willamette Ri-rer between Portland and Oregon City. its provisions." Oreg. (H. Doc. No. 438) ; to the Committee on Rivers and Harbors and ordered to be printed, with illustrations. The question was taken, and the amendment was agreed to. Mr. BURKE ·of South Dakota. Mr. Chairman, I ask unani­ mofl.s consent to extend my remarks in the REcoJID on the sub- REPORTS OF COMMITTEES ON PUBLIC BILLS AND ject of this bill. - RESOLUTIONS. The CHAIRMAN. Is there objection? [After a pause.] The Under clause 2 of Rule XIII, bills and resolutions were sev­ Ohnir hears none. erally reported from committees, delivered to the Clerk, and Mr. .MORGAN. 1\Ir. Chairman, I ask unanimous consent to referred to the several calendars therein named, as follows : extend my remarks in the RECORD. · Mr. CLAYTON, from tbe Committee on the Judiciary, to The CHAIRMAN. Is there objection r [After a pause.] 'The which was referl'ed the bill (S. 2750) to amend sections 00, 99, Chair hears none. 105, and 186 of an act entitled "An act to codify, revise, and Mr. STEPHENS of Texas. l\fr. Chairman, I now renew my amend the laws relating to the judiciary," approved March 3, motion that the committee do now rise and report the bill and 1911, reported the same without amendment, accompanied by a amendments fa.Torably to the Bouse and _ask its passage. report (No. 226), which said bill and report were referred -to The motion was agreed to. the House Calendar. Accordingly the committee Tose; and the Speaker having re­ -Mr. WEBB, from the Committee on the Judiciary, to which strmed the chair, 1\fr. BousToN, Chairman of the Committee of was referred the bill (H. R. 2973) to amend an act entitled the Whole House on the state of the Union, reported that that "An act to codify, revise, and amend the laws relating to the committee hnd had ander consideration the bill H. R. 14-055, judiciary," approved March 3, 1911, reported the same without bad adopted various amendments, and recommended that 'the amendment, accompanied by a report (No. 228), which said bill bill as amended do pass. r.nd report were referred to the House Calendar. 880 CONGRESSIONAL RECORD-HOUSE. J .A.NU .A.RY 11,

REPORTS OF CO:\IUITTEES ON PRIVATE BILLS AND By l\fr. HILL: A bill (H. R. 17677) to provide for the erection RESOLUTIONS.., of a public building at Greenwich, Conn.; to the Committee on Uuder Clause 2 of Rule XIII, Public Buildings and Grounds. lr. DICKSON of l\Iississippi, from the Committee on Pen­ By Mr. HARRISON of New York: A bill (H. R. 17678) to sions, to which was referred sundry bills of the House, reported amend section 25 of paragraph 718 of the tariff act approrncJ in lieu thereof the bill (H. R. 17671) granting pensions and August 5, 1009; to the Committee on Ways and Means. increase of pensions to certain soldiers and sailors of the Reg­ By l\Ir. LOUD: A bill (H. R. 1767!)) to make Bay City, Mich ., uln r Army and Navy, and certain soldiers and sailors of wars a subport of entry; to the Committee on W~s and Means. other than the Civil War, and to widows and dependent rela­ "By Mr. WARBURTON: A bill (H. R. 17680) to provide a ti"res of snch soldiers and sailors, accompanied by a report (No. site and erect a public building at Vancouver, Wash.; to the 22G), which mid bill and report were referred to the Private Committee on Pnblic Buildings and Grounds. Calendar. By l\Ir. BURLESON: A bill (H. R 176Sl) making appropria­ tions to provide for the expenses of the go\ernment of the Dis­ trict of Columbia for the fiscal year ending June 30, 1D13. o::ta'1 CHANGE OF REFERENCE. for other purposes; to the Committee of the Whole House on Under clause 2 of Rule XXII, committees were discharged the state of the Union. from the consideration of the following bills, which were re­ ~y l\Ir. BRANTLEY: A bill (H. Il. 17682) providing for the ferred as follows: purchase of a site and the erection thereon of a public building A bill (H. ·n. 14429) granting_ a pension to Irene J. Reed; at Douglas, in the State of Georgia; to the Committee on Public Committee on InrnJid Pensions discharged, and referred to the Buildings and Grounds. . Committee on . Pensions. Also, a bill (H. R. 17683) to increase the limit of cost for the A bill (H. R. 15903) granting a pension to George V. Cleve­ post-office building heretofore authorized at Dublin, Ga.; to the Jand; Committee on Imnlid Pensions discharged, and referred Committee on Public Bui1dings"and Grounds. to the Committee on Pensions. By l\fr. O'SH.A.UNESSY: .A. bill (II. R. 17731) to amend an A bill (H. R. 878) granting a pension to Sue C. Ba1;ton; Com­ act to amend the laws relating to navigation, and for other mittee on Invalid Pensions discharged, and referred to the Com­ purposes; to the Committee on the Merchant Marine and mittee on Pensions. Fisheries. A bill (H. R. 874) granting a pension to Edward Goings; By Mr. l\IANN: Concurrent resolution (H. Con. Res. 32) pro­ Committee on Invalid Pensions discharged, and referred to the Yiding for tbe printing of House Document No. 342; to the Com­ Committee on Pensions. mittee on Printing. · A bill (H. R. 16602) granting a pension to John F. Trout­ man; Committee on Invalid Pensions discharged, and refened to the Comruittee on Pensions. PRnrATE BILLS AND nEsOLUTI01Ts. A bill (H. R. 16278) granting a pension to Charles Boppe; Under clause 1 of Rule XXII, prirnte bills and resolutions Committee on Invalid Pensions discharged, and referred to the were introduced and severally referred as follows: Committee on Pensions. By Mr. DICKSON of Uis issippi: A bill (H. n. 17671) gr~nt­ A bill (H. R. 17445) granting a pension to Cordelia :Mulford; ing pensions and increase of pensions to certain soldiers and Committee on In-rnlid Pensions discharged, and referred to the sailors of the Regular Army and Navy and certain soldiers nnd Committee on Pensions. sailors of wars otber than the Civil War, and to widows and A bill (H. R. 17157) granting an increase of pensions to dPpendent relati\es of such soldiers and sailors; to the Corn: Dudley R. Sloan; Committee on Invalid Pensions discharged, mittee on Pensions. and referred to the Committee on Pensions. By l\Ir. AINEY: A bill (H. R. 17684) granting a pension t~ A bill (H. R. 8416) granting an increase of pension to Jacob l\fahlon Bost"°ick; to the Committee on Invalid Pensions. · Heffler; Committee on Inrnlid Pensions discharged, and re­ Also, a bill (H. R. 17li85) granUng an increase of pension to fe1Tetl to the Committee on Pensions. Jackson Tnlladay; to the Committee on Invalid Pensions. . A bill (H. R. 16768) granting an increase of pension to By Mr. AMES: A bill (H. R. 17686) granting a pensiou to Cbnrles B. D:miel; Committee on Invalid Pensions discharged, :Mary A. Hapgood; to the Comm"ttee on Invalid Pensions. ancl referred to the Committee on Pensions. By Mr. ANDERSON of Ohio: A bill (H. R. 17687) granting A bill (H. R. 16637) granting an increase of pension to au increase of pension to Thomas Bliss; to the Committee on Thomas Joyce; Committee on Invalid Pensions discharged, and Invalid Pensions. referred to the Committee on Pensions. Also, a bil1 (H. R. 17688) granting an increase of pension to A bill (H. R. 17117) to correct the military record of David C. Bruno Grummel; to the Committee on Invalid Pensions. Bay. ; Committee on Invalid Pensions discharged, and referred .Also, a bill (H. R. 17689) granting an increase of pension to to tbe Committee on Military Affairs. John Graham; to tile Committee on In\alid Pensions. A bill (H. R. 17065) to remove the charge of desertion from Also, a bill (H. "R. 17690) granting a pension to Catharine the military record of John Travelstead; Committee on Invalid Rieser; to the Committee on Invalid Pensions. Pensions discharged, and referred to the Committee on Military By l\Ir. BATES: A bill (H. R. 17691) granting an increase Affairs. of pension to Plummer Curry; to the Committee on Im·alid p~~OO& . • PUBLIC BILLS, RESOLUTIONS, AND l\IEl\IORIALS. By l\Ir. BRADLEY: A bill (H. R. 17602) for the relief of Quincy O'l\I. Gillmore; to the Committee on War Claims. Under clanse 3 of Rule XXII, bills, resolutions, and memo­ By Mr. BYRNS of Tennessee: A bill (H. R. 17693) granting rials were introdnced and se\erally referred as follows: an increase of pension to Thomas E. Enloe; to the Committee By i\1r. LA FOLLETTE: A bill (H. R. 17672) for reduction on Invalid Pensions. . of postage rates on first-class mail matter; to the Committee By l\Ir. CRAVENS: A bill (H. R. 17GD4) granting a pension on the Post Office and Po t Roads. to Anna Sorrels; to the Committee on Pensions. By ~Jr . OLDFIELD: A bill (H. R. 17673) regulating the is­ By ~Ir. CULLOP: A bill (H. _R. 17695) granting a pension to suauce of Federal license for sale of intoxicating liquors in William D. Daniels; to the Committee on Pensions. • cowmtmities where Stnte or local Jaws prohibit the sale thereof; Also, a bill (H. R : 17696) granting an increase of pension to to the Committee on Ways and Means. John R. Lane; to the Committee on Invalid.Pensions. By Mr. RUCKER of Colorado: A bill (H. R. 17674) to amend Also, a bill (H. R. 17697) granting an increase of pensfon to section 73 of chapter 5 of the act entitled "An act to codify, re­ John .L. Phillips; to the Committee on Invalid Pensions. vise. and amend the laws relating to the judiciary," approved By Mr. DONOHOE: A bill (H. R. 17698) granting an increase l\1r11.-ch 3, 1911; to the Committee on the Judicinry. of pension to Israel Loatman; to tile Committee on Invalid. lly Mr. BA.TES: A bill (H. R. 17675) providing for retire­ Pensions. ment of noncommissioned officers, petty officers, and enlisted Also, a bill (H. R. 17699) to correct the military record of men of the United States Army, Navy, and Marine Corps, and Thomas Logue; to the Committee on 1\Iilitary Affairs. for the efficiency of the enlisted personnel; to the Committee on By l\fr. DWIGHT: A bill (H. R. 17700) granting a pension to Military Affairs. Alice Wiles; to the Committee on Invalid Pensions. By l\Ir. ANTHONY: A bill (H. R. 17676) to authorize the By l\fr. FOCHT: A bill (H. R. 17701) granting an increase construction and maintenance of a dam or dams across the of pension to John K. Hughes; to the Committee on Invalid Kansas River, in western Shawnee County or in Wabaunsee Pensions. . . . County, in the State of Kansas; to the Committee on Interstate By Mr. FORDNEY: A bill (H. R. 17702) granting a pension and Foreign Colllllierce. to Laura J. Templeton; to the Committee on Invalid Pensions. 1912. CONGRESSIONAL RECORD-HOUSE. 881

Also, a bil1 (H. R. 17703) granting an increase of. pension to Also, resolution of the Woman's Literary Club of l\Ieadville, Francis 0. Field; to the Committee on Inrnlid Pensions. Pa., requesting that Congress repeal the ta:x on oleomargarine; Also. a bill (H. R. 17704) granting an increase of pension to to the Committee on Agriculture. Al'chibald Clark; to the Committee on Invalid Pensions. Also, petition of Cloverdale Grange, No. 1111, Patrons of Hus· By .i\Ir. FORNES: A bill (H. R. 17705) granting a pension to bandry (Mr. Damon Pinney, secretary, Cambridge Springs, Mrs. H. E. Armstrong; to the Committee on Invalid Pensions. Pa.), praying that special tax of 10 cents per pound on oleo· By Mr. GOULD: A bill (H. R. 17706) granting an increase of margarine colored in imitation of butter be permitted to re­ pension to John W. Small; to the Committee on Invalid Pen­ main; to the Committee on Agriculture. sions. Also, petition of H. L. Varnum, ensign (retired), United · Al ·o, a bill (H. n. 17707) granting an increase of pension to States Navy, of Erie, Pa., favoring bill for the relief of retired Alden Powers; to the Committee on Invalid Pensions. officers who have performed actiYe duty since retirement; to Also. a bill (H. R. 17708) granting an increase of pension to the Committee on Na ml Affairs. George A. Wheeler; to the Committee on Invalid Pensions. Also, petition of Theodore Eichhorn, secretary Erie (Pa.) Bv .Mr. GUERNSEY: A bill .(H. R. 1770D) for the relief of Central Labor Union, favoring · passage of Esch phosphorus John U. Oak; to the Committee on Claims. bill; to the Committee on Ways and l\Ieans. By 1\lr. HOBSON: A bill (H. R. 17710) granting a pension to Also, petition of Thomas H. Cole, of Erie, Pa., favoring House Elias Brown ; to the Committee on Pensions. bill 2938, to select a site and secure plans and designs for the By l\lr. KAHN: A bill (H. R. 17711) granting an increase of statue of Maj. Gen. George Gordon Meade, etc.; to the Com· pension to James Mitchell; to the Committee on Invalid Pen­ mittee on the Library. sions. Also, petition of Prof. A. l\I. Cassel, of Erie, Pa., favCanova, S. Dak., in favor of reduction or By Mr. PATTON of Pennsylvania: A bill (H. R. 17720) duty on raw and refined sugars; to the Committee on Ways and granting an increase of pension to William E. Tate; to the Com­ Means. mittee on Inrnlid Pensions. By Mr. BYRNS of Tennessee: Papers to accompany bill By l\lr. POST: A bill (H. R. 17721) granting a pension to granting an increase of pension to Thomas E. Enloe; to· the Charles W. Kester; to tbe Committee on Invalid Pensions. Committee on Invalid Pensions. Also. a bill ( H. R. 17722) to remoye the chnrbe of desertion By Mr. CALDER: Resolutions of the board of directors. of from the record of Frank Chroneberry and grant him an hon­ the Maritime Association of the port of New York, requestmg orable discharge; to the Committee on .Military Affairs. ConO'ress to proYide for a landing plac~ at the harbor of refuge By l\lr. REDFIELD: A bill (H. R. 17723) granting an in­ at Point Judith, R. I.; to the Committee on Interstate and crease of pension to Anne Flannigan; to the Committee on Foreign Commerce. Inrnlid Pensions. By l\f r. CATLIN: Petitions of the Holy Ghost Benevolent By Mr. RIORDAN: A bill (H. R. 17724) granting an in~rease Society, the Holy Trinity Benevolent Society, and . others, of of pension to Charles E. Curtis; to the Committee on Invalid St. Louis, Mo., in favor of the Esch phosphorus bill; to the Pensions. . Committee on Ways and Means. By l\Ir. TAGGART: A bill (H. R. 17725) granting a pension Also petitions of citizens of l\1issouri, urging that the to Clark W. Hines; to the Committee on Pensions. duties 'on raw and refined sugars be -reduced; to the Committee Also, a bill (H. R. 17726) granting a pension to O. E. Jones; on Ways and l\leans. to the Committee on Inrnlid Pensions. By l\fr. CRAGO: Petition of members of the Order of Patrons Also, a bill (H. R. 17727) for the relief of Albert H. Camp­ of Husbandry, against the removal of the special tax of 1? bell; to the Committee on Military· Affairs. cents per pound on oleomargarine; to the Committee on Agn­ By 1\lr. TOWNER: A l>ill (II. R. 17728) granting a pension culh1re. to John W. l\lcGnire; to tl~ Committee on Pensions. By l\lr. ORA YENS : Papers to.- accompany bill granting a By Mr. WARBURTON: A bill (H. R. 17729) granting an in­ crease of pension to Cimon A. Wellman; to the Committee on pension to Anna Sorrels; to the Committee on Pensions. • Invalid Pensions. By Mr. DALZELL: Petition of several hundred women of Wilkinsburg, Pa., in favor of the passage of the Esch phos­ Also, a bill (H. R. 17730) granting an increase of pension to phorus bill; to the Committee on Ways and Means. .i\1. Martha Hildreth; to the Committee on Imalid Pensions. By Mr. DRAPER: Memorial of German Catholic Society of Troy, N. Y., urging passage of House bill 2896; to the Com­ PETITIONS, ETC. mittee on Ways and Means. Under clause 1 of Rule XXII, petitions and papers were laid By l\fr. DYER: Memorial of Washington Fertilizer Co., of ·on the Clerk's desk and referred as follows: Washington, D. 0., relative to municipal garbage plant; to the By i'\fr. A XSBEilRY: .Petitions of citizens of Ohio, urging Committee on the District of Columbia. that the duties on raw and refined sugars be reduced; to the Also, petitions of S. C. A. Robey, Clinton; F. P. Cronkite, Committee on Ways and Means. St. Joseph; and S. T. McMillan, Burton Lee Thorpe, and T. E. By l\lr. BATES: Petition of Hydetown (Pa.) Grange, No. Turner, St. Louis, Mo., in favor of House bill 15466; to the 1239, Patrons of Husbandry, praying that special tax of 10 Committee on the District of Columbia. cents per pound on oleomargarine colored in imitation-of yellow Also, petition of J. Walter -Mitchell, Washington, D . .O., in butter be permitted to remain; to the Committee on Agri­ fa >Or of House bill 1618; to the Committee on the District of culture. Columbia. Al~o, petition of H. N. Canfield and others, of Cambridge Also, papers to accompany House bill 15000; to the Committee Springs, Pu., protesting against legislation for extension of on Pensions. parcels-post serdce beyond present limitations; to the Com­ By 1\1r. FOCHT: Papers to accompany House bill 17307, for mittee on the Post Office and Post Roads. the relief of Harry F. Keefer; to the Com~ittee on Pensions. XLVIII--56 882 CONGRESSIONAL -RECORD-HOUSE. JANUARY ll;

· A1s0; papers to accompany House bill 17305, for the relief By 1\fr. KINDRED: Petition of Architectural Leagne of New of Jacob Harmon; to the Committee on Invalid Pensions. York, for Lincoln memorial on the Mall; to the Committee on1 Also, petition of OJh·er Grunge, No. 1069, Patrons of H11s­ th'e Library. · baildry, of Newpoii:, Pa., praying that special tax of 10 cents per By Afr. KThTKEA.D of New Jer ey: Petition of Women's Club pound on oleomargarine, colored in imitation of yellow butter, of Arlington, N. J., urging inyestigation of diseases caused by be permitted to remain; to the Committee on Agriculture. dairy products; to the Committee on .Agriculture. By 1\Ir. FORNES: Memorial of the American News Co .• ot By Mr. LANGILl.. M: Memorial of Grange No. 625, Patrons of New York, N. Y., relaU-ve to certain changes in the postal laws; Husbandry, opposing repeal of tax on oleomargarine; to the fo the Committee on the Post Office and Post Roads. Committee on .Agriculture. Also; petition· of D!amond Expansion Bolt Co., of New York, Also, memorial of Philadelphia (Pa.) .Association of Union N. Y., for 1-cent letter postage; to the Committee on the Post ex-Prisoners of War, urging passage of House bill 1340; to the Office and Post Roads. Committee on Imalid Pensions. Also, petition of tile Thread Agency o New York, for amend­ By :Mr. LEVY: Resolutions of the American Board of Com·­ ment to corporation excise-tax law; to the Committee on Ways missioners for Foreign Missions, held at Milwaukee, Wis., urging and Means. passage of House bill 2461, providing for the repayment of the By Mr. FOSS : Petition of citizens of Illinois, against pro­ ransom of ~IiEs Ellen M. Stone; to the Committee on Claims. posed extension of parcel-post system; to the Committee on the Also, petition of the New York Water Color Club, favoring Post Office and Post Iloads. placing of the Lincoln memorial on the site recommended by Also, petitions of citizens of Illinois, urging that the duties tbe Washington Park Commission; to tile Committee on the on raw and refined sugars be reduced; to the Committee on Library. Ways and leans. Also, resolutions of the .Merchants' Association of New York, By .Mr. FOSTER of Illinois: Petition of United Mine Work­ requesting that the first arnrnal appropriation for embassy, er~ of America, Local No. 765, of Breese, Ill., against tbe legation. and consular buildings abroad be expended at the cities Smoot printing bill ( S. 2564) ; to the Committee on Printing. of :Mexico, Rio de Janeiro, and Tokyo; to the Committee on Also, me~oriaJ of the Mining and Metallurgical Society of Foreign Affairs. America, in reference to the leasing of coal lands in Alasku ; to AJso, resolutions of the board of directors of the 1\Iaritirne the Committee on the Tenitories. . Association of the Port of New York, requesting Congress to By Mr. FULLER: Petition of Peoria Association of Com­ provide for a landing place at the harbor of refuge at Point merce, of Peoria, IIL, in favor of 1-cent letter postage; to the Judith, R. I.; to the Committee on Interstate and Foreign Com­ Committee on the Post Office and Post Roads. merce. Also, petition of Siegel-Myers School of Music, of Chica.go, Also, resolutions of the city of Portsmouth, N. H., opriosing Ill., in favor of the reduction in rates on first-class letter post­ any plan to abolish, cuI""tail, or cripple the Portsmouth-Kittery age; to the Committee on the Post Office and Post Roads. Navy Yard; to the Committee on Narnl Affairs. Also, petition of Hon. Richard S. Tuthill, of Chicago, Ill., Al o, memorial of the Conservation Commission of the State favoring tbe passage of the bill advancing to the grade of of New York, fayoring House bill 14120; to the Committee on major general certain officers in the Army now on the active Agriculture. list; to the Committee on Military Affairs. Also, petition of Diamond Expansion Bolt Co., of New York, Also, petition of the Pennsylrnnia State Grange, in favor of f:noring legislation reducing letter postage from 2 to 1 cent; bill appropriating $80,000 for the purpose of eradicating to the Committee on the Post Office and Post Roads. fungous diseases, etc.; to the Committee on .Agriculture. Also, petition of the Long Island Union of Army and Navy Also, petition of Heath & Milligan Manufacturing Co.,, of Volunteer Officers, favoring a volunteer officers' retired list Chicago, Ill., in favor of proposed amendment to corporat10n­ upon retired pay ; to the Committee on l\Iilitary Affairs. tax law concerning time for making annual reports; to the Also, petitions of A.. Jaeckel & Co., the Thread Agency. and Committee on Ways and l\Ieans. the Yarn Agency, of New York City, favoring House bill 14480; By Mr. HAJ\TNA: Petition of Ole J. Skjermo anti 9 otbcr to the Committee on Ways and Means. citizens of the Williston land district, North Dakota., praying .Also, petition of George Cabot Ward, of New York City, urg­ relief from the public-12.Ild law, known as the act of June 22, inu pas<::age of Esch phosphorus bill; to the Committee on Ways 1910, etc.; to the Committee on the Public Lands. and Means. Also, petition of C. J. Sorhin, of Bergen~ N. Dak., favoring Also, resolutions of the Woman's Republican Club, of New the reduction on raw and refined sugars; to the Committee on York City, urging passage of bill creating a children's bureau in · Ways and Means. the Department of Commerce and Labor; to the Committee on Also, petition of citizens of Devils. Lake, N. D~k., favoring Interstate and Foreign Commerce. the old-age pension bill; to the Committee on Pensions. By Mr. LINDSAY: Memorial of German Catholic Society of Also, petition of Chester ~aingen, of Forbes, N. Dak., against Br.ooklyn, N. Y., in favor of the passage of House bill 2800; to parcel post; to the Committee on the Post Office and Post the Committee on Ways and Means . . Roads. Also, petition of Central and Smith Street B-0ard of Trade, By l\Ir. IDLL: Petition of Thomaston (Coun.) Women's Brooklyn. N. Y., opposing mo,ement to abolish the Brooklyn Christian Temperance Union, for an effectirn interstate-liquor Navy Yard; to the Committee on Naval Affairs. law; to the Committee on the Judiciary. Al o, memorial of Engineers' Club of St. Louis, Mo., concern­ By l\l:r. HOWELL: Petitions of citizens of Utah. ur~ing that ing the necessity for remeillal patent legislation; to the Com­ the duties on rnw und refined sugars be reduced; to the Com­ mittee on Patents. mittee on Ways and Means. By Mr. :1\IcHENRY: Petition of Columbia Grnnge, No. 4.6, By .Mr. HUGHES of New Jersey: Petition of Bonrd of Edu· Patrons of Husbandry, of Bendertown, Pa., asking that the • cation of Jer. ey City, N. J., relath·e to certain flags now stored oleomargarine Jaw be so amended as to contain certain provi­ at the United States Naval Academy; to the Committee on sions as set forth in said petition; to the Committee on Agri­ Naval Affairs. culture. By Ur. KAHN: Papers to accompany bill for the relief of By .Mr. McKINNEY: Memorial of Woman's .Christian Tem­ James Mitchell; to the Committee on Invalid Pensions_ perance Union of Bowen, IJI., for an effective interstate liquor Also, memorial of San Francisco (Cal.) Chamber of Com­ law; to the Committee on the Judiciary. merce, for reduction of duty on sugar only after 'l"arifr Commis­ By Ur. MAHER: Memorial of Woman's Republican Club, in sion cun show reduction will not interfere with extensive beet.; favol' of children's b~eau; to the Committee on_ Interstate and sugar cultirntion in this country; to the Cpmmittee on Ways Foreign Commerce. and l\leans. Also petitions of Central and Smith Street Board of Trude Also, petition of Charles G. Johnson, sealer of weights and and ~enty-eighth ward taxpayers, of Brooklyn, N. Y., opposed measures, San Francisco, Cal., for honest net weights nnd to moYement to abolish Brooklyn Navy Yard; to the Committee measures; to the Committee on Coinage, Weights, and Measures. on Naval Affairs. Also, petition of K. Wertheimer, of Snn Irrancisco, Cal., favor­ By Mr. MARTIN of South Dakota: Memorial of members of ing warrant grade in Army; to the Committee on Military the·Sioux Falls and Vermilion confe1·ences, Norwegian and Ger­ Affairs. man Lntherah Churches, protesting against Senate bill 255; to Also, petition of commissioner of horticu1tnre, of Sacramento, the Committee on Indian Affairs. Cal., favoring appropriation to fight Mediterr~ean fly; to the By Mr. MATTHEWS: Petition of citizens of New Castle Pa., Committee on Agriculture. favoring the passage of the Kenyon-Sheppard interstate liquor By 1\Ir. KENDALL: Petitions · of citizens of Colfax and bill; to the Committee on the Judjciary. S~vers, Iowa, for old-age pensions; to the Committee on Pen- . By Mr. MAYS: Pe..titfons of Hunter Brown and vurious citi­ sions. · zens of the State of Florida, asking the reduction of the. duty 1912. CONGRESSIONAL RECORD-HOUSE. 883 on raw and refined sugars; to the Committee on . Ways and By Mr. SULZER: Petitions of James D. Smith and Arthur Means. P. Lucebesi, of the Panama Canal Zone; to the Committee on By Mr. MOORE of Pennsylvania: 1\Iemorial of Emerson Club, Interstate and Foreign Commerce. of Philadelphia, asking for investigation and inspection of all Also, resolution of the Harlem l\faennerchor, of Forest Park, dairy products; to the Committee on Agriculture. Ill., urging investigation of the administration of the immi­ By Mr. MORGAN: Petition of Lodge_No. 216, Switchmen's gration office at Ellis Island; to the Committee on Immigration Union of North America, located at Oklahoma City, Okla., ask­ and Naturalization. ing that the o1eoruargarine law be amended so that a tax not By Mr. UNDERHILL: l\Iemorial of Commission for the In­ exceeding 2 cents per pound be placed upon the product, etc.; vestigation and Control of the Chestnut-Tree Blight Disease in to the Committee on Agriculture. Pennsylvania, for eradication of the fungous disease known as Also, petition of Lodge No. 216, Switchmen's Union of North the chestnut-tree blight; to the Committee on Agriculture. America, favoring the passage of House bill 5601; to the Com­ Also, petition of German Catholic Society, of Elmira, N. Y., mittee on Interstate and If'oreign Commerce. urging the passage of House bill 2896; to the Committee on Also. petitions of citizens of Oklahoma, .in favor of old-age Ways and Mean§, · pensions; to the Committee on Pensions. Also, memorial of city council of Portsmouth, N. H., against Also, petiti.ons of citizens of Oklahoma, urging that the duties abolishing the Portsmouth-Kittery Navy Yard; to the Commit­ on raw and refined sugars be reduced; to the Committee on tee on Na val Affairs. Ways and Means. By Mr. WILSON of New York: Memorial of Woman's Ile­ Also, petitions of citizens of Oklahoma, against the parcel publican Club of New York City, for establishment of a chi 1- po3t; to the Committee on the Post Office and Post Roads. dren's bureau; to the Committee on Interstate and Foreign By Mr. MOTT: Memorial of Maritime Association of New Commerce. York, for improvements of the national harbor of refuge at Point Judith, R. I.; to the Committee on Interstate and Foreign HOUSE OF REPRESENTATIVES. Commerce. Also, memorial of Northern New York Development League, FRIDAY, January 12, 1912. for the development of the Long Sault Canal; to the Committee on Interstate and Foreign Commerce. The House met at 12 o'clock m. Also, uetition of Ira C. Hinsdale and others, of Antwerp, The Chaplain, Rev. Henry N. Couden, D. D., delivered the N. Y., protesting against the extension of the parcel-post serv­ following prayer : ice ; to the Committee on the Post Office and Post Roads. Our Father in heaven, realizing our dependence upon Thee Also, petitions of S. A. Moone and others, of East Rodman, for all things, we seek Thy Spirit that it may possess our N. Y., urging that the duties on raw and refined sugars be re­ minds and hearts and guide us to a happy solution of all the duceMoody The SPEAKER. The gentleman from Alabama [Mr. RICHARD­ and other citizens of CoryYille, Pa., in favor of reduction of SON] moves that the House resolve itself into Committee of duty on raw and refined sugars; to the Committee ·on Ways the Whole House on the state of the Union for the consideration and Means. of bills on the Private Calendar. Ily Mr. POWERS: Papers to accompany bill for the relief The motion was agreed to. of Dudley R. Sloan; to the Committee on Pensions. Accordingly the House resolved itself into Committee of the By Mr. IlOUSE: Papers. to accompany bill for the relief of Whole House on the state of the Union, with Mr. HENRY of Irene J. Reed (H. R. 14429); to the Committee on Pensions. Texas in the chair. By Mr. TILSON: Petition of American Thread Co., of Willi­ Mr. RICHARDSON. Mr. Chairman, I desire to call up the mantic, Conn., for amendment to corporation excise-tax law; bill H. R. 14918. to the Committee on Wa~~s and Means. The CHAIR!\fAN. The gentleman from Alabama calls up By Mr. SLOAN: Petitions of Murk Castle and 4 others, the bill H. R. 14918, which the Clerk will report. · of Hordville, Nebr., and Thomas Lahners and 129 others, of The Clerk read as follows: Belvidere, Nebr., in favor of parcel post; to the Committee on A. bill (H. R. 14918) granting pensions and increase of pensions to the Post Office and Post Roads. ce!tain s<_>ldiers and _sailors of the Regular .Army and Navy, and cer­ Also, petitions of L. H. Bertz and 8 others, of Cortland; H. E. tam soldiers and sailors of wars other than the Civil War and to Foster and 7 others, of Ellis; G. 1\I. Lydick and 7 others, of . widows of such soldiers and sailors. ' . Be it enaote.d, etc., 'l'h!J.t the Secreta.ry of the Interior be, and he is Clatonia; Cady Hardware Co. and 9 others, of Barnston; J. E. hereby, authorized and dll'ected to place on the pension roll subject to Murphy & Co. and 11 others, of Odell; C. D. Buhrmann and 7 the provisions and limitations of the pension laws- ' others, of Pickrell; Smith, Hultin, Andersons Co. and 15 others, The name of William Russell, late of Capt. Samuel Gordon's Com­ pany li, Second Regiment Oregon Volunteers, also of Capt. Edward of Wahoo; William Holm and 6 others, of Virginia; Hansen Sheffield's Company A, of said regiment, and pay him a pension at the Bros. and 7 others, of Hampton ; Heaston Bros. and 5 others, of rate of $16 per month in lieu of that he is now receiving. Holmesville; F. L. l\Iitchell and 7 others, of Hordville; James The name of Andrew J. Haydon. late of Capt. John Kelsey's Com­ pany B, Second Regiment Oregon l'l!ountecl Volunteer Infantry, Indian Kacirek and 3 others, of Touhy; W. P. Allen Co. and 6 others, wars, and pay him a pens10n at the rate of $16 per moRth in lieu of of Valparaiso; Jacob Klein and 38 others, of Beatrice; F. El tbat he is now receiving. Rice Co. and 4 others, of Blue Springs; Boggs & Killen and The name of James C. Wildes, late of Capt. Knight's company, Florida Volunteers, Florida Seminole Indian war, and pay him a pen­ 3 others, of Filley; M. D. Jimerson and 8 others, of Liberty; sion at the rate of $16 per month in lieu of that he is now receiving. Deshler Lumber Co. and 7 others, of Deshler; A. 0. Boggs and The name of '.rhompson McL. Chambers, late second lieutenant of 11 others, of Gilead; Peterson Bros. & Co. and 9 others, of Capt. J . .A. White's company, Washington Territory Mounted Volun­ teers, Indian war of 1855 and 1856, and pay him a pension at the rate Aurora; E. F. Wilson and 11 others, of Giltner; C. E. Beinert of $16 per month in lieu of that he is now receiving. & Co. and 4 others, of Wymore; Cramer Bros. and 8 others, of The name of Elzey Bird, late of Company E (Capts. Williams and Chester; Theo. Philippi and 10 others, of Bruning; J. H. O'Neill). Second Regiment Oregon Mounted Volunteers, and pay him a pension at the rate of $16 per month in lieu of·that he is now receiving. Eberman and 11 others, of Davenport; A. E. Small, of Crete; The name of Je