1900. CONGRESSIONAL RECORD- SENA'r.E. 5259
SENATE,. A bill (B. R. 4.276) granting an increase of pension to· John R. Eggeman; TUESDAY, May 8, 1900. A bill (H. R. 4368) granting a pension to Flora B. Binds; A bill (H. R. 6784) granting an increase of pension to Harry H. Prayer by the Chaplain, Rev. W.R. MILBURN. D. D. ' Neff; The Secretary proceeded to read tlie Journal of yestru.'days pro A bill (H. R. 7022.} granting a pension to Rhoda A. Patman; ceedings, wh.en1 on request of 1\Ir. PRITCHARD, and by unanimous A bill (H. R. 80/'-9) granting a pension to BerlhaM.Jordan; and coment, the. further reading was dispensed with. A bill (H. R. 84.05) granting a,. pension fo Sophrooia Seely. The PRESIDENT pro tern.pore. The Journal, without objec The message further announced that the.House had agreed to tion, stands approved. the concun-ent re.solution of the Senate requesting the President to return to the Senate the4hl11 (S. 2332) granting an increase of IlECLAMA TION OF ARID LA~DS. pension to Margaret H. Kent. . The PRESIDENT pro tempore Ia.id before the Senate- a com- The message also announced' that the House had ag1·eed to the mnnication from the Secretary of the Interior, transmitting, in reportsof the committees of conference on the disa .~reeing votes· response to a,. r esolution of the 30th ultimo, a letter from the of the two Houses on the amendments of the House to the follow Direetor of the Geological S.ur.vey inclosing a statement of the ing bills: operations of the United States Geological Survey relative to A bill (S. 1905) granting an increase of pension to Lillian the in\estiga.tions beinO' ma.de of the water resources of the United Capron; and States, particularly of the arid regions etc.; which, on motion of A bill (S. 1906) granting an increase of pension to Agnes K. Mr. CARTER, was, with the accompanying papers, refeTred to the Capron. . . . . Committee on Irrigation and Reclamation of Arid Lands, and 'l'he message further ani;toun?ed that the House. insists upon its ordered to be printed. ~amendments to the followm~ bills, agrees to the conferenc.es asked for by the Senate on th~ disagreeing votes of the two Houses ARKANSAS RIVER RESERVOIR. SITES. thereon, and had appointed Mr. LOUDENSLAGER,-Ml· BROMWELL, 1 • - ! arul Mr.. STANLEY w. DA VEl\"'J>ORT mauagers at the Tespecfue Th~ P~ESIDENT pro tempore- l~ud befor~ tne Sena~e ~-co~- conferences on the part of the Honse: mnmcation from the ~ecretary of tih~ Intenor, transmitting, m A bill (S. 207) granting an incrnase of pension to Margaret E. respon e to a resolution of the 1st mst.ant, a letter from the Van Horn. Director ?f the Ge
EXPRESS CHARGES ON MEDICAL M~D HOSPITAL PROPEP..1'-Y, : Pi·esident pro tempore. T.be PRESIDENT pro temp.ore laid before the Sena-ts a commu PETITIO.·g A....'fD MIDIORIALS. nication from the Secretary of War, transmitting a fetter from the Surgeon-General of the Army, together with signed memoran Mr. KYLE presented the petition of Charles W. Peas~ee and dum, concerning the transportation of medical and hospital prop sundry other druggists, of Redfield, S.-Dak.,·J>raying for the re erty by express, etc.; which, with the accompanying papers, was peal of the stamp tax upon proprietary medicines, perfumeries, referred to the Committee on Military Affairs, and' ordered to be 'and cosmetics;· which. was referred to the Committee on ]finance. Mr. TURL:g.Y presented a petition of Lagrange Lodge, No. 81, printed. J Ancient Free and Accepted Masons, of Fayette County, Tenn., CIVIIrSERVICE EXAMINATIO:N PAPERS. 1p1·aying for the- enactment of legislati-On for the relief -0f La- Mr. KYLE. A short time since I introduced a resolution ca11- grange SynodfoaJ. qollege, of ~a.grange, Tenn.; which was re- ing upon the Civil Service Commission for .certain information. ferr~d to tbe Committee on Cla,.1~. • yesterday the,response came, and I believe it was inad verten:tly M1. BARD presented a memoz:1al of t?e board of supervisors of 1 referred to the Committee on Civil Servie&and Retrenchment. I ?Iac~r County, C~l, remonstrating agam~t the enactmen~ of leg ask that that order be res cinded ~ arul that the papers be referred 1sla.t1on to estabhsh t?e Lake Tah9e National Park; which was to- the Committee on .Education and Labor. referred to the C0mnutte~ ~n Public Lands.
The PRESIDENT pro tempore. Is there objection to rescind- He also pre~n!£d a petition of the. Presbytery of. L?s Angel.ea 1 ing the order by which the reply from the Civil Service Commis- Cal., and a petition of ~he congregation of the C~ISt1~11 Church
sion was referred to the Committee on Civil Service and Retrench- , o~ ~edlands, C~..., pr~ym.g fo~ the e~actment of legislatiorrto-p;i-o 1 men t and referring the papers to. the Committee on Education and k h1bit the sale of mtox1catmg_ liquors m. ~my can~ens, etc.; which Labor? The Chair ~ars none and that ordei· is m.ade. were refeLTed to the Com.~1ttee on MilitarJ Affa1Ps. . ' He also-presented a petition of Los Gatos Grange, No. 314, Pa- MESS.A.GE FROM THE HOUSE. trons of Husbandry, of Ca1iforni&, praying for the adoption of certain amendments to the.in:terstate·commerce law; which was A message from the House of Representative , by Mr. W. J. ordered to lie on the table. 13ROW ~1~G, its Chief Clerk, announced that th0' House had ·paEsed _ He also presented a. petition of Los Gatos Grange, No. 314, Pa thfr following bills: trons of Husbandry, of California, praying for the enactment of A bill (S. 2-366 ) to authorize- ~he-establishment, at some point in legislation to secure the advantages of State contrnl of imitation North Carolina, of a station.for the investigation of problems con dairy products; which was referred to the Committee on Agri nected with marine fishery interests of the Middle and South A~ culture and Forestry. lantic coast; Mr. PRITCHARD presented the petition of the Ex-Slave Mutual A bill (8~ : 2499} to authorue needed repairs of the graveled or Relief, 13ounty, and Pension Association, .of Washington, N. 0.. macadamized road from the city of Newbern, N. C., to the na praying that all ex-Slaves be granted a pension; which was ordered tional cemetery near &aicicity~ and to lie on the table. · A bill (S. 3559) authorizing the Commissioner of Internal Rev Mr. ELKINS presented a petition of sundry citizens of Green enue to redeem or make allowance for internal-revenue.stamps. brier County, W. Va., praying for the enactment of legislati-on to The message also announced that the House had agreed to the secure the advantages of State control of imitation da1ry prod amendments of the Senate to the following bills: ucts; which was _referred to the Committee on Agriculture and A bill (H R. 1381) granting an increase of pension to J, J. FoI"estry • .Angel; .Mr. PENROSE _presented a petition of the State Legislative · A bill (H. R. 1737) granting a pension to Cora I. Cromwell; B-Oard of Railioad Employees of Pennsylvania, praying for the A bill (H. R. 4030) granting an increase of pension to Margarett enactment of1egislation requiring common carriers to report to L. Coleman; . · the Interstate Coln!118rce Commission, under oath, the details of 5260 CONGRESSIONAL RECORD-SENATE. MAY 8, - all injuries to employees; which was referred to the Committee of sundry pro-Boer c~tizens of Eau Claire, Wis., expressing sympa on Interstate Commerce. thy for the people of South Africa in their struggle for freedom; He also presented a petition of the State Legislative Board of which were referred to the Committee on Foreign Relations. Railroad Employees of Pennsylvania, praying for the enactment He also presented a petition of the Cumberland Presbyterian oflegislation to prevent the issuance of injunctions upon employees Young People's Society of Christian Endeavor, of Mount Vernon, restraining them from doing things that are not unlawtul and Ill., and a petition of the Woman's Christian Temperance Union giving them the right of trial by jury in cases of contempt; which of Potomac, 111., praying for the enactment of legislation to pro was referred to the Committee on the Judiciary. hibit the sale of intoxicating liquors in Army canteens and in the He also presented a petition of the Trade Commercial and Mari insular posseEsions of the United States; which were referred to time Associations of Philadelphia, Pa., praying for the continuance the Committee on Military Affairs. of the pneumatic-tube service in connection with the post-office He also presented a petition of Chapter No. 1111, Epworth department of that city; which was ordered to lie on the table. League, of the Richards Street Methodist Church, of Joliet, lll., He also presented a petition of Banner Grange, No. 1115, Pa praying for the enactment of, legislation to prohibit the sale of in trons of Husbandry, of Bradley Junction, Pa., praying for the toxicating liquors in Army and Navy canteens, Soldiers' Homes, adoption of an amendment to the Constitution providing for the etc.; which was referred to the Committee on Military Affairs. election of United States Senators by a popular vote, for the adop He also presented a petition of the National Confectioners' As tion of certain amendments to the interstate-commerce law, for sociation of the United States, praying for the enactment of legis the establishment of postal savings banks, and remonstrating lation 'to secure protection in the use of adulterated food products; against the passage of the so-called ship-subsidy bill; which was which Wt'l.S referred to the Committee on Agriculture and Forestry. referred to the Committee on Privileges and Elections. He also presented a petition of the Union Veterans' Union of He also presented a petition of sundry retail druggists of Leb Peoria, Ill., praying for the enactment of legislation providing for anon, Pa., praying for the repeal of the stamp tax upon proprie the advancement of Brig. Gen. Lloyd Wheaton to the full rank tary medicines, perfumeries, and cosmetics; which was referred to of brigadier-general in the Regular Army; which was referred the Committee on Finance. to the Committee on l\fiiitary Affairs. Mr. DA VIS presented a memorial of sundry cooper employers Be also presented a petition of sundry citizens of Peoria, Ill., of St. Paul and Minneapolis, in the State of Minnesota, remon praying for the repeal of the stamp tax upon proprietary medi strating against the enactment of legislation to abolish one-sixth cines, perfumeries, and cosmetics; which was referred to the Com and one-eighth beer-barrel stamps; which was referred to the mittee on Finance. Committee on Finance. He also presented petitions of the Patte Plow Company, of Mon · 1\Ir. PLATT of Connecticut presented a petition of the Connec mouth; the Plano Manufacturing Company, of Chicago; the Tem ticut Pomological Society, praying for the passage of the so-called ple Pump Company, of Chicago; the King and Hamil ton Company, pure-food bill; which was referred to tb,e Committee on Agricul of Ottawa; the Acme Harvester Company, of Pekin; the David ture and Forestry. Bradley Manufacturing Company, of Bradley, and of the Sterling He also presented a 'Petition of sundry druggists of Litchfield, Manufacturing Company, of Sterling, all in the State of Illinois, Conn., praying for the repeal of the stamp tax upon proprietary praying for the enactment of legislation providing for the con medicines, perfumeries, and cosmetics; which was referred to the struction of a new fireproof Patent Office building; which were Committee on Finance. referred to the Committee on Public Buildings and Grounds. Mr. HOAR presented a petition of the Woman's Christian Tem Mr. FRYE presented the petition of E. H. McAlliste1· & Sons, of perance Union of Falmouth, Mass., praying for the enactment of Calais, Me., praying for the repeal of the stamp tax upon pro legislation to prohibit the sale of intoxicating liquors in any post prietary medicines, perfumeries, and cosmetics; which was re exchange, or canteen, or transport, or upon any premises used for ferred to the Committee on Finance. military purposes bythe United_States; which was referred to the Committee on Military Affairs. He also presented a petition of the Woman's Christian Temper Mr. PERKINS presented a memorial of sundry citizens of ance Union of Stanton, l\Iinn;, praying for the enactment of legis Placer County, Cal., and a memorial of the board of supervisors lation to prohibit the sale of intoxicating liquors in Alaska, Ha Qf Placer County, Cal., remonstrating agi,tinst the enactment of waii, Porto Rico, the Philippines, and Cuba; which was ordered legislation to establish the Lake Tahoe National Park; which to lie on the table. were refen-ed to the Committee on Public Lands. He also presented the petition of James Seldon Cowdon, of He also presented petitions of Napa Grange, No. 307, Patrons of Washington, D. C., praying that a committee be appointed to in Husbandry, of California, praying for the adoption of certain vestigate the work of the Mississippi River Commission; which amendments to the interstate-commerce law, to secure protection was referred to the Committee on Commerce. in the use of shoddy in manufactured goods, to secure to the peo ple of the country the advantages of State control of imitation GATHMANN TORPEDO SHELL AND GUN, dairy products, for the construction of the Nicaragua Canal, for Mr. HALE. I present a communication from the Secretary of the establishment of postal savings banks, and for the extension the Navy, transmitting a letter from the Chief of the Bureau of of free rural man delivery; which were referred to the Commit Ordnance relative to the purchase of the Gathmann Torpedo Gun tee on Interstate Commerce. Company's gun equipment for one or more of the harbor-defense He also presented a petition of the Chamber of Commerce of monitors authorized by the act of May 4, 1898. I move that the San Diego, Cal., praying for the enactment of legislation provid communication and accompanying paper be printed as a docu ing for the construction of an isthmian canal; which was referred ment and referred to the Committee on Naval Affairs. to the Committee on Interoceanic Canals. · The motion was agreed to. l\fr. FAIRBANKS presented the petition of James M. Johnson and 217 other citizens of Indiana, praying for the enactment of REPORTS OF COMMITTEES, legislation granting to honorably discharged soldiers and sailors a per diem pension; which was referred to the Committee on Mr. PLATT of New York, from the ommittea on Naval Pensions. Affairs, to whom was referred the bill (H. R. 3206) to correct the Mr. DANIEL presented a memol'ial of the city council of Man naval record of Thomas Dunn, reported it without amendment, · chester, Va., remonstrating against the enactment of legislation and submitted a report thereon. to amend Title LXV of the Revised Statutes of the United States, Mr. PRITCHARD, from the Committee on Pensions, to whom relating to telegraph companies; which was referred to the Com- were referred the following bills, reported them severally with mittee on Post-Offices and Post-Roads. · amendments, and submitted reports thereon: · He also presented a petition of the Woman's Christian Temper A bill (S. 1052) granting an increase of pension to Rachel Fris· ance Union of Chesterfield County, Va. , praying for the enactment bie; of legislation to prohibit the sale of intoxicating liquors in Army A bill (S. 344.0) granting a pension to George W. Harrison; and canteens, etc.; which was referred to the Committee on Military A bill (S. 3729) granting an increase of pension to Prntlence Affairs. Tinney. He also presented a memorial of the Chamber of Commerce of He Ulso, from the same committee, to whom was referred the Richmond, .va., remonstrating against the enactment of legisla bill (H. R. 7!J75) granting an increase of pension to William F. tion relating to the use of alum in baking powder; which was Riley, reported it without amendment, and submitted a report referred to the Committee on Agriculture and Forestry. thereon. He also presented a memorial of sundry wholesale grocers of l\lr. BARD. from the Committee on Public Lands, to whom was Richmond, Va., remonstrating against.the enactment of legisla referred the bill (H. R. 2757) to authorize the purchase of certain tion to confer upon the Secretary of .Agriculture the power to fix lands in the District of Alaska, reported it with an amendment, the standard of food products; which was referred to the Com and submitted a report thereon. mittee on Agriculture and Forestry. · Mr. VEST·, from the Committee on Commerce~ to whom was Mr. MASON presented resolutions adopted at a public meeting referred the bill (S. 4494) to authorize the Mobile and West 1900. CONGRESSIONAL RECORD-SENATE. 5261
Alabama Railroad Company to construct and maintain a bridge Mr. KYLE, from the Committee on Pensions, to whom were across the Warrior River between the counties of Walker and J ef- referred the following bills, reported them severally with am~nid :fferson, in section 35, township 17, range 7 west: Alabama, reported ments, and submitted reports thereon: it with amendments. A bill (S. 952) granting a pension to Francis M. Porter; and He also, from the same committee, to whom was referred the A bill (S. 3512) granting an increase of pension to Samuel bHl (S. 4495 ) to authorize the .Mobile and West Alabama Railroad Schultz. • Company to construct and maintain a bridge across the Alabama Mr. KYLE, from the Committee on Pensions, to whom was re River between Marengo and Choctaw counties, below Demopolis, ferred the bill (S. 1240) granting a pension to Samuel Nichols, Ala., reported it with amendments. reported it with an amendment, and submitted a report thereon . .Mr. TURNER,·from the Committee on Pensions, to whom was Mr. KYLE. I am directed by the Committee on Pensions to referred the bill (S. 3223) granting an increase of pension to W.R. submit adverse reports on th~ bills which I send to the Chair. I Mc:Master, reported it with amendments, and submitted a report will state in this connection that they are mostly bills proposing thereon. to grant pensions in violation of the rules of the Senate committee. Mr. KENNEY, from the Committee on Pensions, to whom were •The bills were postponed indefinitely, as follows: referr€d the following bills, reported them with amendments, A bill (S. 1820) granting a pension to F. M. Wallis; and submittE:d reports thereon: A bill (S. 2003) granting a pension to Andrew J. West; A bill (S. 2305) granting a pension to Eliza D. Pennypacker; and A bill (S. 1908) granting a pension to James M. Miller; A bill (S. 3624) granting a pension to Henry K. Davis. A bill (S. 3331) granting a pemdon to James Anderson; Mr. KENNEY, from the Committee on Pensions, to whom A bill (S. 2474) granting an increase of pension to Henry R. were referred the following bills, reported them without amend- Fields; and · ment, and submitted reports thereon: A bill (S. 2253) granting an increase of pension to WilUam Dunn. A bill (H. R. 8801) granting an increase of pension to William Mr. LINDSAY, from the Committee on Pensions, to whom was E. H. Macdonald; referred the bill (S. 3954) granting an increase of pension to Caro- A bill (H. R. 4440) granting an increase of pension to Harriet line D. Repetti, reported it with amendments, and submitted a L. Hughes; and report thereon. A bill (H. R. 2621) granting a pension to Ida Wiederhold. Mr. BAKER, fr()m the Committee on Pensions, to whom were Mr. GALLINGER, from the Committee on Pensions, to whom referred the following bills, reported them severallfwith amend were referred the following bills, reported them each with an ments, and submitted reports thAreon: amendment, and submitted reports thereon: A bill (S. 2286) granting an increase of pension to John W. Ab.ill (S. 1936) granting a pension to Mamie Craig Lawton; Craig; A bill (S. 3056) granting an increase of pension to Giles w. A bill (S. 4212) granting a p·ension to James M. Muck, and Tayler; and A bill (S. 3574) granting a pension to Julia Van Wicklen. A bill (Ii. R. 9163) granting a pension to Fergtison M. Burton. Mr. BAKER, from the Committee on Pensions, to whom was • Mr. GALLINGER, from the Committee on Pensions, to whom referred the bill (S. 2755) granting a pension to Isaac N. Cissna, were referred the following bills, reported them severally without reported it with an amendment to the title, and submitted a re- amendment, and submitted reports thereon: port thereon. A bill (H. R. 548) granting a pension to Edward Harris; and He also, from the same committee, to whom were referred the A bill (H. R. 8790) granting an increase of pension to William following bills, reported them each with an amendment, and sub- Feek. mitted reports thereon: Mr. SHOUP, from the Committee on Pensions, to whom was A bill (S. 1775) granting an increase of pension to Andrew J. referred the bill (S. 4261) granting a pension to Frances M. Cellar, Arnett; reported it without amendment, and submitted a report thereon. A bill (S. 2886) granting an increase of pension to Thomas T. He also, from the same committee, to whom was referred the Phillips; and · bill (S. 4557) granting an increase of pension to Lucy E. Danielson, A bill (S. 2819) granting an increase of pension to Hemy Van reported it with amendments, and submitted a report thereon. Gelder. He also, from the Committee on Territories, to whom was re- Mr. BAKER, from the Committee on Pensions, to whom was ferred the bill (H. R. 4468) to authorize the city of Tucson, Ariz., referred the bill (H. R. 8389) granting an increase of pension to to issue bonds for waterworks, and for other purposes, reported Martin D. Miller, reported it without amendment, and submitted it without amendment, and submitted a report thereon. a report thereon. Mr. DEBOE, from the Committee on Pensions, to whom were Mr. CARTER, from the Committee on Territories, reported an referred the following bills, reported them severally with amend- amendment proposing to appropriate $15,000 to enable the ments, and submitted reports thereon: Attorney-General to purchase ground and repair suitable build- A bill (S. 2834) granting a pension to Anne M. Cluke; and ings at Juneau, Alaska, for the accommodation of the Govern- A bill (S. 4105) granting an increase of pension to John Coombs. ment offices at that place, intended to be proposed to the sundry Mr. DEBOE, from the Committee on Pensions, to whom was civil appropriation bill, and moved that it be referred to the Com- referred the bill (S. 4241) granting an increase of pension to Wil- mittee on Appropriations and printed; which was agreed to. liam T. Gratton, 1·eporteditwithanamendment, and submitted a Mr. QUARLES. from the Committee on Pensions, to whom report thereon. were refe1Ted the follo'Ying bills, reported them severally without He also, from the same committe~, to whom was referred the amen~ment, and subm1tte~ report_s thereon: . bill (H. R. 9751) granting un increase of pension to David H. A .bill (H. R. 3778) grantmg an mcrease of pens10n to Ellsey A. Drake, reported it witliout amendment, and submitted a report · SlAoanb~l;l H R ti . . .. thereon. i . ( • • 4429 2) gran ng an mcrease of pens10n to Wilham Mr. PERKINS, from the Committee on Naval Affairs, to whom H. Br~okins; and . . was referred the bill (H. R. 2322) for the relief of Joshua Bishop, A bill (H. R. 8107) grantmg a pension to Nancy W. Hadley. reported it without amendment, and submitted a report thereon. I THE LOUISIANA PURCHASE, Mr. NELSON, from the Committee on Public Lands, to whom wa~ referred the bill (8. ~06) for the relief of s~ttl.ers anq other . Mr. PLATT of New York. I ask the Chair to lay before the . c~a1m~n~s under the public-land laws to lands.within. the mdem- Senate the amendments of the House of Representatives to con mty linuts of the grant to the Northern Pacific Railroad Com- current resolution No. 36. pany, reported it with amendments, and submitted a report The PRESIDENT pro tempore laid before the Senate the amend- thereon. . ments of the House of Representatives; which were, in line 2 to He also, from the same committee, to whom was referred the strike out "four" and insert "nine·" in line 3 to strike out" five bill (8. 241 4) for the relief of settlers upon the lands within the hundred;" in line 6 to strike out,: one thou;and five hundred" grant of the Northern Pacific Railroad Company, reported ad- and insert" three thousand·" and in line 7 to strike out" three" versely thereon, and the bill was postponed indefinitely. and insart "six·" so as to m~ke the concm·{·ent resolution read: Mr. KYLE, from the Committee on Pensions, to whom were ' referred the following bills, reported them severally wi'thout Resovled by the Senate (the House of Representatives concurrina), That there be printed 9,000 copies of the work entitled The Louisiana Purchase, by the amendment, and submitted reports thereon: honorable Commissioner of the General Land Office of the United States; A bill (S. 4552) granting an increase of pension to Joseph Smith; 3,000 copies for the use of the Senate and 6,000 copies for the use of the House A bill (H. R. a490) granting an increase of pension to Freeman of Represent&tirns. H. Farr; Mr. PLATT of New York. On behalf of the Committee on A bill (H. R. 527) granting a pension to Lucy D. Young; and Printing I move that the Senate concur in the amendments of the A bill (H. R. 4.760) granting an increase of pension Samuel G. House of Representatives. Trine. · The motion was agreed to. 5262 CONGRESSIONAL RECORD-SENATE. MAY 8;
REPORT ON HAND AND M.A.CHrnE LABOR. The bill was reported to the Senat.e a,s amended, and the amend Mr. PLATT of New York. I am directed by the Committee on ment was concurred in. Printing, to whom was referred concul'rent resolution No. 52, sub The bill was ordered to be engrossed for a third reading, read mitted by the Senator fr-Om South Dakota [Mr. KYLE] on the 3d the third time, and pas ed. instant, to report it favorably with amendments. I ask for its The title was amended so as to read: "A bill to reimburse sun present consideration. dry collectors of internal revenue for internal-re'Venue stamps paid The Senate, by unanimous consent, proceeded to consider the for and charged in their accounts and not received by them." concuri·ent resolution; which was read, as follows~ COMMITTEE ON PUBLIC HEALTH AND NATIONAL QUARANTINE. Concurrent resolution providing for the printing of ex:tra copies of the report l\Ir. JONES of Nevada, from the Committee to Audit and Con· of the Commissioner of Labor on hand and machine labor. trol the Oontingent Expenses of the Senate to whom was referred Reso"We d by the Senate (t he House of ~presen:t atives co1ictm'iflg), That there be printed and bound in cloth 5,000 extra mpies of the report of the Commis the resolution submitted by Mr. VEST on the 7th instant, reported sioner of Labor on hand and machine labor, known as his • Thirteenth An it without amendment; and it was considered by unanimous con· nual Report,'' for the u e of the Department <>f Labor. sent, and agreed to, as follows: R esolved 1 That the Committee on Public Health n.nd National Quarantine The amendments of the Committee on Printing were, in line 2 have permis ion to sit during se ions of the Senate, to send for persons and to strike out 'five" and insert "elght; " and in line 5 to strike papers, and to employ a tenographer, the expense to be pa.id out of the con out all after the word "Report" and insert 1 of which 5,000 tingent fund of the Senate. copies shall be for the use of the Department of Labor, 1,000 . BILLS INTRODUCED. copies for the use of the Senate, and 2,000 copies for the use of the Mr. HOAR introduced a bill (8. 4587) granting an increase of Honse of Representatives;" so as to make the concurrent resolu pension to Cora Van D. Chenoweth; which was read twice by its tion read: ' title, and referred to the Committee on Pensions. Resvlved by tlie Senute (the H()'l!,se of Repr-esen tatices cont-ttn·ing), That there Mr. FAIRBANKS intrnduced the following bills· which were be printed and bound in cloth .000 extra copies of tile 1·eport of the Com missioner of Laboron hand and machinelabor,lmown as his"ThirteenthAn severally tea.d twice by their titles, and referred to the Committee nual ReJ;?Ort," of which 5,000 shall be for the use of the Department of Labor, on Pensions: l ,OOl copies for the use of the Senate, a.nd 2,000 copies for the use of the House A bill (S. 4588) granting a pen ion to Mary F. Zollinger; . of Representatives. A bill (S. 4589) granting a pension to Gethro G. Wood~ and The amendments were agreed to. • A bill (S. 4590) granting a pension to Randolph F. Williamson. The concurrent .resolution as amended was agreed to. Mr. PLATT of Connecticut introduced a bill (S. 4591) permit- STATUE OF OLIVER P. MORTON'. ting the building of a
of accounts between the United States and the State of South $52,000 for two additional barracks at th; Pacific Branch at Santa Carolina; whfoh was read twice by its title, and referred to the Monica, Cal., intended to be proposed by him to the sundry civil Committee on Claims. appropriation bill; which was referred to the Committee on Ap Mr. BERRY introduced a bill (S.4608) for the relief of William propriations, and ordered to be printed. H. Roach; which was read twice by its title, and referred to the Mr. KEAN submitted an amendment directing the Secretary Committee on Claims. of the Treasury to pay $5!000 to Emile M. Blum for services as Mr. MORGAN introduced a bill (8. 460il) for the relief of Chris commissioner-general to the International Exposition at Barce topher McDonald, executor of the estate of Michael Callaghan, lona, Spain, and 82,500 to James M. Seymour, jr., for services as dece: sed; which was read twice by its title, and, with the accom assistant commissioner, intended to be proposed by him to the panying papers. referred to the Committee on Claims. sundry civil appropriation bill; which was referred to the Com- He also introduced a bill (8. 4()10) for the relief of Lewis King; mittee on Appropriations, and ordered to be printed. • which was read twice by its title, and referred to the Committee l\fr. MARTIN submitted an amendment proposing to appropri on Claims. ate $10,000 fo:r triangulating and permanently establishing the Mr. .MALLORY int:t'bduced a bill (S. 4611) for the relief of Sarah boundary line of the States of Virginia and Tennessee, intended E. Callahan; which was read twice by its title, and referred to the to be proposed by him to the sundry civil app;ropriation bill; which Committee on Claims. was referred to the Committee on Appropriations, and ordered to Mr. BATE introduced a bill (S. 4612) for the relief of parties be printed. for property taken from them hy military forces of the United Mr. SHOUP submitted an amendment directing the Secretary States; whfoh was read twice pyits title, and referred to the Com· of the Interior not to dispose of the establishment of a Branch of mi ttee on Military Affairs. the National Home for Disabled Volunteer Soldiers on the Fort .Mr. HANNA introduced a bill (S. 4613) making the salary of Sherman Military Reservation, in Idaho, prior to theadjonrninent the collector of customs for the Sandusky (Ohio) district <>,500 in of the Fifty-sixth Congress, March 3, 1901. intended to be proposed lieu of all fees, commissions, and other emoluments heretofore by him to the sundry civil appropriation bill; which was referred allowed; which was read twice by its title, and referred to the to the Committee on Military Affairs, and ordered to be printed. Committee on Finance. He also Bllbmitted an amendment directing the Secretary of He also inb:oduced a bill (S. 4614) to make Lieut. Commander War to transfer to the Board of Managers of the National Home Arthur P. Osborn a commander on the retired lit; which was for Disab!ed Volunteer Soldiers the Fort Sherman Military Reser read twice by its title, and referred to the Committe on Naval vation, intended to be proposed by him to the sundry civil appro Affairs. priation bill; which was referred to the Committee on Military Mr. FRYE introduced a bill (S. 4615) to facilitate the entry of Affairs, and ordered to be printed. • steamships engaged in the coasting trade between Porto Rico and Mr. DANIEL submitted an amendment! instructing the Secre the United States; which waa read twice by its title, and referred tary of the Treasury to examine and settle the account between to the Committee on Commerce. the United States and the State of Virginia growing out of the • Mr. DANIEL introduced a bill (S. 4616) for the relief of G. T . money expended by that State for military purposes in the war of Cralle· which was read twice by its title, and, with the accompa 1812 to 1815 with Great Britain, intended to be proposed by him nying paper, referred to the Committee on Claims. to the sundry civil appropriation bHl; which was referred to the Mr. MASON introduced a bill (8. 4617) granting a pension to Committee on Appropriations, and ordered to be printed. Sarah J. Rhodes; which was read twice by its. title, and, with the ~e also submitted an amendment proposing to appropriate $200,- accompanying papers, referred to the Committee on Pensions. 000 to enable the Secretary of War to commence the construction :Mr. HOAR introduced a bill (S. 4618) relating to the exclusive of a memorial bridge from the most convenient point of the Naval jurisdiction of courts of the United States; which was read twice Observatory grounds across the Potomac River to the most con by its title, and refe1Ted to the Committee on the Judiciary. venient point of the Arlington estate property, intended to be pro posed by him to the sundry civil appropriation bill; which was .AMENDME~TS TO SUNDRY CIVIL APPROPRIATION BILL. referred to the Committee on the District on Columbia, and or- Mr. ELKINS submitted an amendment proposing to increase dered to l:e printed. · the appropriation for improving the Big Sandy River, West Vir Mr. SEWELL submitted an amendment proposing to appropri ginia and Kentucky, from 82 '0,000 to $320,000, intended to be ate $175,000for the construction of new buildings for storage pur proposed by him to the sundry civil appropriation bill; which poses at the Schuylkill Arsenal, Philadelphia Pa., intended to be was referred to the Commjttee on Commerce, and ordered to be proposed by him to the sundry civil appropriation bill; which was printed. referred to the Committee on Appropriations, and ordered to be :Mr. THURSTON submitted an amendment proposing to appro· printed. priate $300,000, to be expended under the direction of the Secre READJUSTED SALARIES OF POSTMASTERS IN WEST VIRGINIA. tary of War in the systematic improvement of the Missouri River according to the plans and specifications of the Missouri River Mr. ELKINS submitted the following resolution; which was Commission, etc., intended to be proposed by him to the sundry referred to the Committee on Post-Offices and Post-Roads. civil appropriation bill; which was refetred to the Committee on Resolved, That the Postmaster-General be, and he hereby is, directed to report upon a schedule to the Senate the readjusted salaries of all postmas Commerce, and ordered to be printed. ters who served in thf) State of West Virginia. between July 1, 1864:, and July Mr. FOSTER submitted an amendment proposing to appropri l, 181!, whose names'as claimants appear in the Court of Claims in the case ate 812,500 to establish a light-house and fog signal at Slip Point, entitled J. G. Cox and others vs. The United States, N o.18144, each such stated account to conform in all respects to the order of the Postmaster-General Clallam Bay, Washington, in tended to be proposed by him to the published by circular under date of June 9, 1883, and to the requirement of sundry civil appropriation bill; which was referred to the Com the act of March3, 1883, as said requirement was published by the Postmaster mittee on Appropriations, and ordered to be printed. General in the newspapers of the country under date of February 17, 1884, and with such report transmit to the Senate a full copy of the text of the Mr. HAWLEY submitted an amendment proposing to appro· construction by the Postmaster-General of the act of March 3, 1883, embodied priate $75,000 to enable the Secretary of War to purchase addi in the said circular and publication in the newspapers, and in circular form tional land for the Gettysburg National Park, intended to be pro No.1223, the text of each of which, und(\rdate of November8i1897, was trans posed by him to the sundry civil appropriation bill; which was mitted by the Postmaster·General to the Attorney-Genera for use in the case of Jane Yan·ington and others vs. The United States, No.16345. referred to the Committee on Military Affairs, and ordered to be printed. COLOR.A.DO RIVER IMPROVEMENT IN NEV.AD.A. Mr. VEST submitted an amendment proposing to appropriate Mr. STEWART submitted the following concurrent resolution; • $35,000 to pay the claim of W.R. Austin & Co. for materials fur which was considered by unaniJ;n.ous consent, ~nd agreed to: nished to the Interior Department for use in the Eleventh Census, Resolved by the Senate (the House of Representatives concurring), That the intended to be proposed by him to the sundry civil appropriation Secretary of War be directed to cause a survey to be made and an estimate bill; which was referred to the Committee on Claims, and ordered submitted of the cost of dredging and otherwise imnroving the Colorado River between El Dorado Canyon and Rioville, Nev., With a view to the ex· to be printed. tension of navigation on said river to Rioville. Mr. MONEY (for Mr. W .ARREN) submitted an amendment pro posing to appropriate $332,500 for the purchase of the property SANTEE SIOUX lliDl.AJ.'S OF NEBRASKA. known as the Corcoran Art Gallery, intended to be proposed by Mr. THURSTON. I snbmit a resolution for which I ask present him to the sundry civil appropriation bill; which was referred to consideration. the Committee on Public Buildings and Grounds, and ordered to The resolution was read, as follows: be printed. Resolved, That the Secretary of the Interior be, and he is hereby, requested Mr. BARD submitted an amendment extending the provisions to inform the Senate what amount would be due the Santee Sioux Indians of an act of Congress approved June 4, 1897, so as to cover the of Nebraska nnder the fifth article of the treaty of 1876, known as the •'Black Hills treaty;" how much of the million dollars therein provided to be ap Yosemite, Sequoia, and General Grant national parks, intended propriated annually would be the just.share belonging to the Santee Sioux to be proposed by him to the sundry civil appropriation bill; of Nebraska if rations had been granted them; how mnch of said amount has which was referred to the Committee on Appropriations, and been expended each year since the approval of said treaty for the above ordered to be printed. named tribe, and what are the ground~ for the discontinuance of said provi sion to the said tribe, and if any of the above-named amounts have been He also submitted an amendment proposing to appropriate expended for their sole use and benefit. 5264 CONGRESSIONAL RECORD-SENATE. MAYS,
The Senate, by unanimous consent, proceeded to consider the The SECRETARY. It is proposed to amend the amendment of resolution. the committee on '[)age 54, line 23, after the word "yea1·~," by Mr. GALLINGER. I suggest that the word "directed:' should striking out "an additional" and inserting "the succeeding." be substituted for the word "requested." It is the us.ual form. The amendment to the amendment was agreed to. The PRESIDENT pro tempore. That modification, without Mr. FORAKER. Mr. President, I object to the amendment, objection, will be made. and I want to be heard upon it; but I first desire to see if I ~nder- The resolution as modified was agreed to. stand the amendment correctly. • HOUSE BILL REFERRED, The PRESIDENT pro tempore. The amendment the Senator The bill (H. R. 2916) to grant rights of way over Government from Maine has just offered, or the entire committee amendment? Mr. FORAKER. I object to the committee amendment being lands for a pipe line for the conveyance of water to Flagstaff, adopted. I have no objection to the Senator from Maine perfect- Ariz., was read twice by its title, and referred to the Committee ing the amendment. . - on Public Lands. Mr. HALE. That is all the amendment I have offered does. It SOUTH AFRICAN REPUBLICS. is simply changing the phraseology. The PRESIDENT pro tempore. The Chair lays before the Mr. FORAKER. I should like to hear the amendment read as Senate a resolution, coming over by unanimous consent; which it has been amended. will be read. The s·ECRETARY. As amended the committee amendment reads: The Secretary read the resolution snbmitted by Mr. TELLER on Whenever any naval cadet shall have finished four years of his undergrad the 2d instant, as follows: uate course of six years the succeeding appointment may be made from his Whereas from the hour of achieving our independence as a people the peo Congressional district or at large in accordance with existing law. ple of the United States have regarded with sympathy the struggles of other people to free themselves from European domination: Therefore, The PRESIDENT pro tempore. The question now is on the Resolved, That we watch with deep and abiding interest the war between amendment reported by the committee, sbiking out from line 10 Great Britain and the South African Republics, and, with full determination to line 21, inclusive, on page 54, and inserting what has just been to maintain a proi;er neutrality between the contending forces, we can not withhold our sympathy from the struggling peQple of the Repuulics, and it is read. Is the Senate ready for the question? our earnest desire that the Government of the United States, by its friendly Mr. FORAKER. Mr. President: I want to be heard briefly in offices offered to both powers, may assist in bringing the war to a speedy con opposition to the amendment recommended by the committee. I clusion in a manner honorable to both Great Britain and the African Repub am of the opinion that when a cadet at Annapolis has taken a lics. four years' course, he ought to be given a commission and given Mr. HALE. I ask that that resolution may remain on the table, rank in the Navy, just as a cadet at West Point is commissioned subject to the call of the Senator from Colorado [Mr. TELLER], as on the completion of his course. I understand that was the rule • I am desirous of going on with the naval appropriation bill. until some years ago, when the present ru!e was adopted by legis The PRESIDENT pro tempore. The Senator from Maine asks lative enactment, providing that, instead of commissioning these unanimous consent that the resolution lie on the table, subject to cadets at the close of the four years' courEe, they should be re the call of the senior Senator from Colorado [Mr. TELLER]. Is quired to go upon a cruise of two years at sea and then return to • there objection? The Chair hears none, and it is so ordered. the Naval Academy for final examination before they could be RESOLUTIONS FOR SEATING OR UNSEATING A SENATOR. commissioned. The PRESIDENT pro tempore. The Chair lays before the Sen In pursuance of that, under th'e law that has since been in ate a resolution coming over from a previous day, which will be force, we now have in the service members of the classes of 1898 read. and 1899 who have not yet been commissioned, but who will have The Sec:i;etary read the resolution submitted by Mr. CHANDLER to return at the approaching commencement and at the com on the 7th instant, as follows: mencement next year for their final examination and to receive Resolved. That a resolution for seating or unseating a Senator when once their commissions. During this two years' period they ha,~e no before the Senate is always in order as a question of privilege under Rule VI, rank as officers, and yet they are in charge of men, doing the except as provided in said rule, and has preference over all other business; duty of officers and assuming the responsibility of officers. Bat but is subject to the motions provided for in Rule XXll. there is another objection to the amendment, Mr. CHANDLER. I ask unanimous consent that that resolu Mr. TILLMAN. Mr. President- tion may go over until Friday morning, without losing such Mr. FORAKER. If the Senator will a11ow me a moment, the preference as it has, and then I shall desire to submit some re other objection I want to present is this: Of these cadets of the marks thereon. classes of 1898 and 1899 who have beeu in the service, a number The PRESIDENT pro tempore. The SenatorfromNewHamp have been killed and wounded and have suffered from disease, so shire asks that the resolution lie on the table until Friday next that they are unfitted to stand the final examination, as I am in without prejudice. Is there objection? The Chair hears none, formed, and receive their commissions, although some of them and it is so ordered. may be still living and able to return to the Academy. They will NAVAL APPROPRIATION BILL. be rejected on account of the physical disabilities which have been Mr. HALE. I now ask that the naval appropriation bill may brought upon them by their services. be 1aid before the Senate. There is no law that recognizes the right of a cadet engaged in There being no objection, the Senate, as in Committee of the such service, although he may lose his life in it-as some of them Whole, resumed the consideration of the bill (H: R. 10450) making have lost their lives-although he may have been wounded, and appropriations for the naval service for the fiscal year ending although he may be disabled and incapacitated for life by disease, June 30, 1901, and for other purposes. to be pensioned or otherwise cared for by the Government unless Mr. HALE. I ask, with the leave of the Senate, to go back to there be special legislation. It has seemed to me also that there the amendment on page 54 of the bill, which on yesterday the was an element of injustice about this-not intended, of course Senator from Louisiana [Mr. CAFFERY] desired might be passed that now under existing conditions might well be provided against. over. At the time when the change was made in the law in this re The PRESIDENT pro tempore. The fust amendment passed spect, as I understand it, there were not as many places as there over is on page 10. were officers being graduated to fill. The law made a. !)ro-vision. Mr. HALE. I do not pronose to take that up now. that took care of that difficulty; but now there is a greater de The PRESIDENT pro tenipore. The amendment referred to by mand than there are officers, even although these cadets were reg the Senator from Maine [Mr. HALE] on page 54will be stated. ularly commissioned at the conclusion of their four years' course. The SECRETARY, The Committee on Naval Affairs reported an Mr. TILLMAN. I was just going to call the Senator's atten- • amendment on page 54, after line 9, to strike out the following: tion to the fact that the amendment which he is discussing does The students at the Naval Academy shall hereafter have the title of mid not deal with that subject at all. The provision above that, which shipman, a.nd on successfully completing the course at that. i.n.8titntion each has been stricken out absolutely, deals with that subject, and the shall be commissioned in the lowest grade of the line or Marine Corps, the two years' course at sea. being hereby abolished. amendment to which the Senator is addressing himself provides 'l'he naval cadets who have completed the four yea.rs' course at the Naval for additional cadets or an increase of the corps. Academy ~nd are performing dnty at sea shall be commissioned in the low Mr. FORAKER. The Senator is under a misapprehension or I est grade of the line or Marine Corps, and the members of each class shall take rank among themselves according to their graduating multiples as was am-one or the other. I understood that the chairman of the determined at the end of the four years' course at the Naval Academy. committee asked leave to perfect the committee amendment-that And in lieu thereof to insert: which is to be inserted-and, that having been done, he then Whenever any naval cadet shall have finished four years of his under offered the amendment of the committee to strike out; and I was graduate course of six years an additional appointment may be made from speaking in opposition to the recommendation of the committee liis Congressional district or at large in accordance with existing law. that lines 10 to 21, inclusive, on page 54, should be stricken out, Mr. HALE. In line 23 the committee amendment should be as I understood it. I am therefore speaking exactly to what the further perfected by striking out the words "an additional" and Senator from South Carolina points out as the provision that substituting therefor the words" the succeeding." ought to be retained in the bill if the view I am now advocating The PRESIDENT pro tempore. The amendment to the amend hould prevail. ment will be stated. Mr. TILLMAN. The striking out of the provision from line • 1900. CONGRESSIONAL RECORD-SENATE. 5265
10 to line 21, inclusive, on page 54, is absolntely on its own merits. Mr. HALE.- Mr. President-- We have been confronted by the fact that they are not able to Mr. FORAKER. I have not yet yielded the floor. graduate enough cadets at Annapolis to fill the demand for offi Mr. HALE. Let me finish my sentence. cers of the Navy; and this provision at the bottom of page 54, Since then we have provided that all of these young fellows, at inserting the clause from line 22 to line 25, inclusive, is a scheme, the tender age they are, shall not only pass in all the previous which I confess I do not like, for increasing the number of cadets; studies of the line, but we have added the studies of the Engineer and the provision from line 15 to line 21, which is stricken out, Corps. which are immense and which are very difficult; and now, is the one which the Senator is discussing. after having done that, to cut the course down from six years to Mr.FORAKER. Thathasnotbeenstrickenout, butthemotion four years is a patent absurdity. of the chairman of the committee having the bill in charge is to Mr. FORAKER. It does not seem to me that it is a correct strike it out. statement to say that this is a proposition to cut down the course. Mr. TILLMAN. I did not hear him say anything about strik It is not cutting down the course. The duties that these men ing out; but of course it all deals with the Naval Academy, and perform after they leave the Academy dming these two years are we might as well discuss it at one place as another. precisely the same duties they.would have to perform if they had Mr. FORAKER. I presume the amendment is to strike out passed their final examination, received their commission, and and insert after the amendment has been perfected by putting in had taken their rank and responsibility in the regular way in due the words the chairman wants inserted. course of procedure. Mr. TILLMAN. Striking out the words "an additional," in As to the fact that we considered and debated this question last line 23, on page 54, and inserting the words "the succeeding," year, it is true that this question was before the Senate, and I, like which is merely a change of the phraseology of the amendment a number of other Senators~ followed the suggestion of the Sen which provides for the increase of the corps. There is no amend ators having this matter in charge, and did not give to it the at~ ment proposed to the preceding paragraph. tention and investigation which some of us at least have bestowed Mr. FORAKER. It simply does away with the House provision upon it since, and I am surprised at myself that I did not compre of four years' instead of the six ye·ars' course. hend more clearly, as it seems to me I now do, all· that was in Mr. TILLMAN. It is immaterial so far as this discussion is volved in this proposition when we considered it last year. I concerned, for the .Senator's remarks are germane to the whole I should have voted against it had I then understood it as I now subject. do; but I then voted with the committee, being cont-ent to follow Mr. FORAKE.R. I have said all I wa.ntecl to say; but I want what they recommended. to enter my protest against the provision being stricken out as it On~ other word. The Senator says that by a proper distribution came to us from the House of Representatives. I may have no of the naval officers with reference to shore duties the deficiency objection to the other amendment being inserted. I have not of ships at sea might be supplied. I take it that there is no officer considered it in the light in which the Senator from South Caro in the Navy on shore duty who is not there lawfully, according to lina has now presented it. the provision of law, to perform some duty. I take it that he is Mr. TILLMAN. I suppose we had better discuss the provision there because there is need for him. But, however that may be, proposed to be stricken out and deal with that, and then take up we ought not to attempt to remedy that difficulty, if there is such the question of increasing the corps of cadets on im own merits. a one, at the expense of these young men. I think when a man Mr. FORAKER. I have no objection to doing that. comes out of that four years' course he ought to have his commis Mr. LINDSAY. I ask the Senator from Ohio whether we have sion then just the same as the cadets at West Point. a surplus of officers at present in the Navy, or whether there are I know it has been said that an officer in the Navy should not offices unfilled? · be allowed to take upon himself the responsibilities that a cadet Mr. FORAKER. My information is-but I defer, of coilrse, to takes upon himself at West Point when he takes a second lieuten the Senator having this bill in charge, who has much better in ant's commission; that the command is different and· the respon formation than I-my information is that there is a deficiency in sibilities Jess. But, Mr. President, the officers who are sent out officers, and not a surplus. from the Naval Academy are on shipboard, and I do not see how Mr. HALE. That is a question which has been already brought they have any different responsibilities, except only if there be out in debate; but it is an undoubted fact that too many naval any difference it is compensated by the fact that they have senior officers are now on shore duty. The Senator from New Hamp and other officers on the same ship with them; but tliere is no diffi- . shire [Mr. CHANDLER] has called attention to that feature of the cul ty that can not be adequately met. . naval service, and he is thoroughly convinced that the wants of Mr. LODGE. The Senator from Ohio has laid a great deal of the Navy to officer ships would all be met if officers now doing stress upon the objection of sending these young men· two years duty on shore were sent to sea; that the service would not suffer to sea and then bringing them back and examining them for a on shore by their being sent to sea. commission. Why, Mr. President, before the foundation of the Whether or not the Senator from New Hampshire is correct in Naval Academy every boy who went into the Navy as a midship that to the full extent of his belief, I have no doubt that with the man passed many years at sea, and was brought back and exam proper disposition of the officers on shore and with the relief that ined for his commission after he had served many years on ship is afforded by the committee amendment in lines 22, 23, 24, and board, and had had all the risks of disability or disease or wounds 25, all the needs of the service in the future will be fully met, and or anything else. Under. that old system we produced men like will be met, as they ought to be met, gradually, and not by dump Decatur and Bainbridge; men like Farragut and Foote and Du ing down, as the House provision propo8es to do, two or three pont, and the men of the civil war. That system certainly turned classes all at once into the Navy, thus bringing about what was out a very fine class of officers. The midshipman went to sea. He the old trouble when we passed the personnel bill of another, had an instructor on board ship to give him his book instructio~ what was called, hump. and then he was brought back to take his examination. The method which is taken by the committee here seems to me This project of abolishing the two years' sea course is all in a wise method. We fought this qu6stion all over last year on the keeping with what I regard as a very unfortunate tendency in the personnel bill, and the Senate, by a very decisive vote, decided that naval service, and that is not to make it of primary importance the course at the Naval Academy should not be cut down to four that the officers of the Navy shall be primarily and before every years. Now the committee has acted on that in striking out the thing else seafaring men; that they shall hav~ had two years' House provision cutting down the com·se, and has provided a experience at sea before they receive their commissions; and that remedy for any lack there may be in numbers in the amendment it shall not be enough for them to go from the Academy with no covered by the four lines to which I have referred. experience of the sea, except the summer cruises, before they are Mr. FORAKER. What the Senator from Maine says does not made commissioned officers in the Navy. fully meet the objection I have to this provision. I do not think The proposition of the House of Representatives to abolish the there is any necessity for requiring a young man, after he has two years at sea, it appears to me, is a very injurious thing to the completed his four years' course at Annapolis, to go then two education of naval officers. I think those two years of practical years longer before he can have his final examination and receive experience are worth quite as much as the four years that precede. bis commission. The evidence is that the classes of 1898 and 1899 I think the Senate committee has shown great wisdom in adher have been at sea and in active service at the front, and that serv ing to the project of the personnel bill, which was agreed upon ice has been of the most creditable character. after great discussion. They have displayed their devotion to their country and their Moreover, Mr. President, we have these deficiencies in the Navy competency to serve it at the expense of their lives so far as some now already pointed out. We need more officers. If we adopt of them are concerned, and a number of them have been wounded. the House proposition, it results in dumping into the service en It seems to me they have shown that they are capable of going at masse two classes, and creating, as the chairman of the committee once to sea and taking the rank and responsibilities of officers, has already pointed out, what in the course of a few years will be and discharging those responsibilities with credit to the country, a hump, as the old obstacle was callea: which blocked all promo to the Academy, and to the Navy. tion, which made great trouble with the Navy for man~ years Mr. HALK We went all over that last year. · . and led to the passage of the personnel bill. Mr. FORAKER. I know that we went all over it last year. I think the abolition of the two years at sea would be a very
XXXIII~330 • 5266 CONGRESSIONAL RECORD-SENATE. MAY 8,
great injury to the cause of naval education and I think it would more officers turned out than there were ships for them to com also be very unfortunate to fill up the vacancies in the Navy ii: mand. That change was made in 1872. thi8 wholesale manner; whereas under the amendment we woula Mr. HALE. That was an additional reason, undoubtedly. be filling them gradually, adding a third each year, and providing Mr. CAFFERY. There are 697 officers short now, and the for a continuous increase that will go on from year to year and amendment of the committee does not begin to fill np this vacuum. tend to give a steady and a permanent enlargement to the officers The charge that was made by the Senator from New Hampshire of the Navy, which, in my opinion, is very much needed. yesterday-- Mr. CAFFERY. Mr. President- Mr. HALE. What does the Senator mean by saying there are Mr. FORAKER. Just a word or two, if the Senator from Lou 697 officers short? isiana will allow me. Mr. CAFFERY. I mean to say precisely what is stated in the Mr. CAFFERY. Certainly. report, that to fill up the ships- Mr. FORAKER. Nobody proposes that these young men should Mr. TILLMAN. What report? be without experience at sea. We want them to have two years' Mr. CAFFERY. Do not ask me too many questions at once. experieD£e, and many more years of experience. The only ques I do not hear very well anyhow. To fill up the ships that are tion is whether they shall serve at sea with or without commis already in commission and the ships that can be commissioned in sions. Take the class of 1899. It will illustrate. The class of three months will require an addition of 697 naval officers. I 1899 is already at the front, and Naval Cadet Wood, a member of have that here before me in a letter of the Secretary of the Navy that cl.ass, served in the Philippines, and was there fighting his to the chairman of the Naval Affairs Committee, Mr. HALE. ship, and fighting it gallantly, at the sacrifice of his life; and yet The full number of officers required for the ships already in be was denied a commission, although in charge of men in battle, commission and that can be commissioned in three inontbs is and he must go back, if he had lived, to the Academy after two 1,484, and there. are some 90! officers now in service. There are years, and could not, if.he had lived, have had his commission 1,484 required under this letter of the Secretary of the Navy and rank until he had returned to the Naval Academy for final dated February 12, 1900. examination. Mr. CHANDLER. Does the Senator speak of line officers or It seems to me, Mr. President, it is not necessary, if we are going all the officers? to send these men to the front, to give them command of men and Mr. CAFFERY. All officers. give them the responsibility which devolves upon a naval officer, Mr. CHANDLER. The Senator is mistaken about that. I to deny to them the rank that ought to go hand in hand with the think he wants to know. The Senator from Sout.h Carolina has responsibility imposed upon them. the :figures. Mr. LODGE. That is precisely what we always used to do. . Mr. TILLMAN. Mr. President- The midshipmen used to go to sea. without any commissions. The PRESIDING OFFICER (Mr. GALLINGER in the chair). They fought in the war of 1812 without commissions; they com Does the Senator from Louisiana. yield to the Senator from South manded men and led boat attacks without commissions; and when Carolina? they came home they were examined and got their commissions. Mr. CAFFERY. Not at present. This proposition that they must have commissions before they The PRESIDING OFFICER. The Senator from Louisiana de can perform duty in the Navy is a complete reversal of all the clines to yield. traditions of the Navy, not only of our own Navy, but of the Eng lish navy and all the other navies of the world. The old practice Mr. CAFFERY. I will 1·ead from the report of the chairman was to keep them at sea until they had the necessary experi of the Na.val Affairs Committee of the House: ence. The same provision providlng for the restoration of the title of midship Mr. FORAKER. They took a cruise every summer at sea dur man and the abolishment of the two years' course at sea., as contained in the personnel bill of last year, is herein inserted in this bill. Tbis provision ing the four years' course, under the law before the time it was passed the House, but failed to become a law. It restores the time-honored amended, as I stated awhileago,and nowtakesnchacruiseevery title of midshi"pman_ which was abolished by act af March 5, 1882. Midship summer while in the Academy. man was a term used to designate the young men who were beingtra.inedfor naval officers, and is deemed more appropriate than the present appellation. Mr. LODGE. The six years' course has existed for a good many The discontinuance of the two years' course at sea is something that has yea.rs. been felt by na.val officers for many years to be desirable. It gives the cadets Mr. FORAKER. It has been in force for only a. veryfewyears. their commissions at the end of four years, the a.me as at West Point, in stead of at the end of six years, as now allowed by law, but the abolition of Mr. CAFFERY. Mr. President, it occurs to me that the Sen the two years' sea. course becomes all the more necessary at this time by rea ate committee amendment to the Honse bill is as unjust to the son of the fact that we have to-day a scarcity of officers. In 18'i2 we added cadets as it is injurious to the service. on this two years' sea course for the reason that owing to the decadence of our Navy we did not need officers; but now things have changed. In Senate The Senator from Massachnsett.s [Mr. LODGE] taUrs about the Docmnent No.168 in this Congre , the Secreta_ry of the Navy shows in a term of the midshipmen who had to serve prior to the adoption tabulated statement prepared by the Bureau of Navigation that we need an of the law requiring two years' sea service for a cadet. I am not increase of 697 officers in addition to those we ha.ve ab-eady on the active lL'lt to give a. full complement to all ships now in commission and those which aware of any law that required more than four yea.rs' service at could be placed in commission within thirty days in case of urgent necessity. the Naval Academy. This provision will give a most substantial increase, a.nd in the report of the Mr. LODGE. The Senator misunderstood me. I said prior to Chief of the Bu:rean of Navigation is strongly recommended in these words: "One of the most important features of the biU (personnel bill) was stricken the days of the Naval Academy. I did not say "prior to the out, however, before it became a. law, and by the omission of this feature adoption of this law." the change from the six-year to the four-year course at the Na.val Academy the numller of commissioned officers intended to be provided was so largely Mr. CAFFERY. PriortotheestablishmentoftheNavalAcad reduced that it becomes necessa.ry to ask that some relief be immediately emy. The Naval Academy was established in 1845, and from 1845 furnished. The Bureau recommends that this serious omission be corrected down to 1872 all that was required was four years' service. Under and that the largely increased demands for officers for imporhnt service be that regimen of· four years' Eervice the best admirals that the met by increasing the number of officers in each grade by 10 per cent and by - United 8tates ever possessed have grown up. Admiral Dewey did providing fo1• the four years course at the Naval Academy." not have two years' service at rea before he was graduated. Mr. President, this tabulated statement shows the truth of the Mr. HALE. If the Sanator will allow me, the change was made report of the Committee on Naval Affairs of the House. because it was recommended upon the ground that for the needs I rise to add my protest to that of the Senator from Ohio [Mr. of the service tire cadets should have two more years before get FORAKER] against requiring two years' sea service of men who ting commissions, and should hn.ve actual sea service. That is get one year's sea service in the course of the four years' under the reason the cbamre was made. graduation. There is a three months' cruise nearly every year for I think the attempt that is now made to restore the four years' the fom·. ·In that cruise they become fully competent to control cour e is simply taking backwater upon a measure that was men and govern ships, and they acquire all necessary information adopted after the completest consideration, for the good of all the in regard to the navigation of ships. What more is required? classes and the good of the Navy. It is now assiduously lobbied Have we not the evidence before us in the present living officers by every cadet who is at the Academy for foUI' years who can get of the United States Navy, who aro men more tllan equal to any anybody under the sun to come here and say that he shall get his admirals in the world, that the two years' sea service is useless? commission before he has served his six years, which every one of Admiral Dewey did not go through it. Admiral Sampson did not these officers for twenty years bas done. It is a pure example of go through it. Admiral Watson did not go through it. importunity. Who advise that we do not need the two years' sea service? Mr. CAFFERY. It is an importunity, then, that is well justi Tlle superintendent of the Naval Academy advises it. It is ad fied. I believe that the cadets are entitled to their commissions vised by high officers of the Navy. The Secretary of the Navy after four years' service and graduation. himself advises in his report not more than one year's sea service, Mr. President, I do not know that the Senator from :Maine is and the House, in my opinion, acted wisely in cutting off this two entirely correct when he !Jtates that the change was made after years' sea service. The young men have no commis ions. They due coo.sideration on account of the too short time the cadets have are charged with responsibility. If they die or get killed there is to serve. I understand the change was made because there were no provision for them whatever. I should like to know what 1900 . . CONGRESSIONAL RECORD-SENATE. 5267
more responsibility there is upon the cadet who graduates at An [Navy Department, Bureau of Construction and Repair, January 1,1900.] napolis than upon the cadet who graduates at West Point. I Vessels authorized and under construction, United States Kavy. · should like to know further whether after the four years they can not acquire all the information that is necessary as officers, Will be com subordinate officers, without this hanging between heaven· and Nol Name. Builder, etc. pleted, ready for earth, neither officers nor seamen. commission- Thi5 thing may have been debated last year. It was. I was Battle ships (8). not here, and I did not hear the debate. The more I look at it, Knot.s. the more I think it is unjust to the cadets. It is unjust to the 5 Kearsarge·--···-- 17 Newpor News_ ....• -·-·-· May, 1900. Government. How will thls gap of 697 officers be filled? There 6 Kentucky______17 -----do ______·--·-·------June, 1900. 7 lliinois ----·-·---- 17 _____ do ___ ·-·----·-·--·------March. 190L are not more than an average of 4.3 men graduating every ye.ar at 8 AI!!-bam~------·-- 17 Cramp & Sons----·-·---··- July, 1900. Annapolis. I think the last year's class was39. This year's class, 9 WISCOllSID------17 Union Jron Works·------· September, 1900. perhaps, will be something near 50; but it will average 43 or 44 10 Maine------18 Cramp & Sons---····-····- November, 1901. 11 Missouri------18 NewportNews------·-··-- June, 1902. men. That is the average of the graduating class at the end of 12 Ohio______18 Union Iron Works .•••••.. Do. every four years. Surely that is not going to dump this large number of officers upon the service. Before I sit down, I desire Sheathed battle to say another thing. sh.ips (S). 1 In the letter of the Secretary of the Navy he has something to Penns/elvania ____ 19 say about the land service of naval officers. I will read it: New ersey ------19 Georgia------19 :~~1r~:~:~~:l~~~~~:::: {l~~~;. It has come to the attention of the Department that there is an impression thatthescarcityofofficersforseadutyisduetotheirunnecessaryem;ployment 8Jieathed at·mored on shore. Such, however, is not the case. One source of the high efficiency cruise1·s (S). of the American Navy for years past has been the intimate acquaintance of West Virginia ___ its personnel with the admi.nistration, design, and construction of the fleet, 22 Designs in preparation --• {O~~b~~~l9f:ex~~ its ships, and all its parts. Our guns, our engines, our hulls are designed Nebraska_-----· __ ~ _____ do·--·-·------·------·-- cuted by July, and supervised in their manufacture by naval officers. We have not followed California.----- __ - _____ do--·---·--···--·------1900. the system of forei~ services, which gives the benefit of this e~erience and Sheathed protected instruction to civilians and robs the Offi.Cflrs and the services of it. cruisers (7). That accounts sufficiently why a large part of the efficient naval Albany--·------20 Armstrong's, England ___ _ March. 1900. force is employed on shore. They are engaged in the designing 14 Denver·------17 Neafie & Levy_··------ July, 1902. 15 Des Moines----··· 11 Fore River Engine Co--- Do. of ships, in the construction of machinery, in matters whereof 16 Chattanooga _____ 17 Lowis Nixon·---·----·-·-- Do. _they ought to know, and matters knowing which has made our 17 Galveston------17 Wm. R. Trigg Co ______Do. officers the most practical seamen on ea:rth. They know all about 18 Tacoma---·------17 Union Iron Works-·-··-- Do. a ship. They learn that on shore. They direct the construction 19 Clevel::md ---··- __ 17 Bath Iron Works.·-·------Do. of ships, of guns, of machinery, and that part of their service on Monitors (4). shore is equally as valuable as their service at sea. 7 Arkan...c::as. ------12 Newport News--·------January, 1902. I should like the Senator from New Hampshire to point out a 8 Connecticut ______12 Bath Iron Works ______July, 190L single officer belonging to the Navy who is on shore to the detri 9 Florida ____ ----··_ 12 Lewis Nixon----··----··-· Do. ment of the service, who is not on shore to the benefit of the serv 10 Wyoming·-----·- 12 Union Iron Works---·-·-- Do. ice, engaged in work belonging to the service which is as necessal'y Gunboat. to its perfection as sea service itself. For Great Lakes. Mr. President, I never could see why this invidious distinction Authorized by was made between the cadets at West Point and the cadets at act of May 4, Annapolis. So far as responsibility is concerned, the honors are 1898. Action quite easy. When a cadet graduates, as a matter. of course, he suspended. holds a subordinate position. He is there to learn; he is there to Training vessel be instructed; and he ought to be placed in command o-ver a cer for Naval.A.cad· tain number of men. Now they feel their littleness; they feel emy. their helplessness: and, as was well said by the Senator from I Chesapeake (sail- Navy-yard, Boston ______Practically com- Ohio, when wounded in battle, when killed in the service of their ing vessel). pleted. country, without special legislation there is no general law pro· Torpedo-boat de- viding for them in the way of fair pay, as is the case with a regu- stroyers (16). larly appointed and commissioned officer. · Bainbridge ______I should like to be enlightened on this matter. I have not heard 1 29 Neafie&LeVY----·--····-·} / anything from the Committee on 'Naval Affairs that at all, in my 2 Barry ----·------29 . ____ do------••.... ___ . April, 1901. 3 DaleChauncey---- ______; ______29 _____ do------·-----··--- opinion, leads to the conclusion that their amendment is proper. 4 28 I want to insert in the RECORD the letter of the Secretary of the 5 Decatur------28 -~,:_·_~~~~~-~~::::::::::}May, 1901. 6 Hopkins------29 Navy to the chairman of the Naval Affairs Committee of the Sen 7 Hull-----·------·- 29 -~~j~~~-~~~~~~~~:~:: }Aprn,1901. ate, dated February 12, 1900: 8 Lawrence------30 9 Macdonougb _____ 30 -~~~~~-i~~=-~~~~-~~:::::} Do. [Senate Document No.168, Fifty-sixth Congress, first session.] 10 Paul Jones------29 11 Perri------29 12 Preb e----·------29 :~~!H ~~~:~~;~~~~::: :~:: } Do. VESSELS AUTHORIZED AND m"'DER CONSTRUCTION FOR UNUED STATES 13 Stewart---··----- 29 Gas Engine and Power Co. Do. NAVY, ETC. H Truxton _____ ----- 30 NAVY DEPARTMID."T, Washington, February n, 1900. 15 Whipple ____ ·----- 30 -~~:J~~~~:~~~~:::::::::} Do. 16 30 _____ do _____ . ______---·- Srn: Replying to the resolution of the Senate dated the 15th ultimo, re Worden·------questing the Secretary of the Navy to inform the Senate" how manv vessels Torpedo boats (17). are now under construction of all types and classes; second, how many offi cers of each grade or rank would be required to officer vessels now in com 19 Stringham---·--- 30 Harlan & E;ollingsworth __ }Practically com mission or that could be put in commission in thirty days; third, when the 20 Goldsborough ___ _ 30 Wo1ff& Zwicker______pleted. vessels now under construction will be completed, ready for com.mission; 21 Bailey--···------JO Gas Engine a.nd Power Co. September, 1900. fourth, the number of officers and men on each of the vessels of the Navy 2-! Bagley ______------28 Bath Iron Works·---··---- of the United States," I have the honor to inclose herewith a tabulated state 25 Barney_------___ _ 28 ment, prepared by the Chief Constructor of the Navy, showing the vessels 26 Biddle------_----- 28 :::::~~:::::~:::::::::::::::: December, l!XXl. authorized and under construction for tho United States Navy, corrected to 27 Blakely ______26 Geo.Lawley & Sons ______date, on the margin of which has been added the estimated date when the 28 De Long·------·-· 26 _____ do ____ ------·------Do. vessels "will be completed and ready for commission;" also lists prepared 29 Nicholson------ 26 in the Bureau of Navigation showing, respectively, the number of officers 30 O'Brien ------26 -~~~';{; ~~-~~- ::::::::::::::} Do. on each of the vessels of the United States Navy and the total number of 31 Shubrick. ______26 said officers; also the number of officers required to give complete comple ~ Stockton------ 26 -~~~·-~~~-~-~:::::::} Do. ment for each vessel of the lJnited States Navy now in com.mission, or that 33 Thornton ------ 26 _____ do------______could he put in commission within thirty days, and the grand total of said 34: TinglY---··- --··- 26 Columbian Iron Works___ Do. officers; the complement of officers that would be needed for ships of the . 85 26.5 Gas Engine and Power Co_ Do. United States Navy under construction and under rei>air; the number of Wilkes------·-- enlisted men required for vessels of the United States Navy in commission; Submarine torpedo the number of enlisted men required for vessels of the United States Navy boat. not in commission, if commissioned; the number of enlisted men required for vessels of the United States Navy under construction, and also for a certain 8 Columbian Iron Works ___ January, 190L number of colliers; and the number of men required for the vessels of the 1 Plunger------··-- Coast and Geodetic Survey, officers for which can not be supplied until the number in the service is increased. Total, 61. I have the honor to be, sir, very respectfully, PHILIP HICHBORN. U. S. N., JOHN D. ~ONG, Secretary. Chief Constrncfor, Chief of Bureau, BUREAU OF CONSTRUCTION AND REPAIR, The PRESIDENT PRO i'EMPORE OF THE UNITED ST.AXES SENATE. Janua1y 18, 1900. 5268 CONGRESSIONAL RECORD-SENATE. l[Ay 8,
1. Officers on each of the t:essels of the United States Navy. Could be put in commission ti:ithin thirty days, as reported by the Bureau of Non:.-Vessels indicated thus(*) are used for either recruiting rendez- Construction and Repair. vous or in the training service, and are mostly of the type of the old sailing Albany 24 Nina 3 vessels, or are used for the Naval Militia of the States or the Naval Reserve Alice __ :::::::~:::::.:::::::::::::: 4 Pawtucket::::::::~:::::::::::::: 4 force. tThesevessels belong to the United States Coast and Geodetic Sur- Alrnrado ------4 Penacook...... 4 vey Service, and have not been officered by the Navy Department since the Atlanta------·------19 Piscataqua ______·--··- 5 beginning of the Spanish-American war, no officers being available. Bancroft ...... ------10 Pontiac ______·------...• _. 4 Abarenda·--·-----··------···· 10 l\Tariveles .. ------2 Buffalo______29 Powhatan______3 Active (tug)...... 1 Massacb_usetts (inreserve)...... 18 Cheyenne·------·- 3 Sandoval.______3 Accomac (tug) ...... •.... ------1 Massasoit .... -----·------1 Chickasaw------·- 3 8eminolo ______---·------3 Adams------·-----·------Mindoro ...... ----- ...... ------2 Dahlgren •...... ------3 Standish ...... -----·------4 !i~:t=~-~:::::::::::::::::::::::: ~ ~~~~~~~ck::·.::::::::::::::::::: ~ g;v~~~t:::: :::::: :::: :::::: :::::: ~ 'fr~!~fn~i ::::: :::::::::: :::: :::::: ~ Alexander------1 Modoc (tug)-----·------l FFo1x·tu__ n_e_. __ -_-_--_-_-_- __-_--_·_-_-_-_-_·_-_-_-_-_-_-_-_-_-_ 4 VWiackbsabnu_r_g__ -_-_-_·_-_·-_·_-_-__-_--_-_-_-_-_-_ ._._-_·_·_·_ 11 Alliance ...... •..... -----·------13 Monongahela ...... --·-·- l!} 0 3 1 :::::: :::::: :::::::::: Gloucester ...... ------9 Wahneta ...... ---·- ...... 3 t:~~-~-i-~~ 1~ ~~~~:~~ery·:::::: :: :::::: :::::: r~ 3 Baltimore ...... • -·-·---- 30 Nashville ...... 13 g:;~Uies: :::::::::::::: :::::::::: - ~ Wompatuck ----··- ···-···· · ----- rc~~soakr·1_:n_t_o __~_-_::_:_:_·_: ___ ::_:_:_:_: __ :: ___ - -_·_::__ : __-_: __- ~ ~N-~e~,:aoi-~l:e:~ns::_· __·:_·_- -_--_- ._-_: __·:_:_:_: ___ - __·:_:_:_:_:_:_ ~ . Mg~l~~a_c~ :::: :·.:::::::::::: :::::: ~ Total... .. ------····· ~ '"" "' ·• 251 Narkeeta -----·------3 Grand total...... 1,48.J: Calamianes ---·-·---·--····--·--· 2 New York...... 34 Newport...... 11 1 8~~~0-:::::::::::::::::::::::::: J ~~~~~~::::: :::: :::::::::::::::::: 3g o.u:ce17 of ~heh gra1~ requinfd to ~ivj th~fiand tral o~ y.s4,fffecg_s ;ecessal'y Celtic------____ 9 Pampanga ..... ----·------· ~ l~t. ttrnis comp e e comp emen s or e vesse s men wne in e oregoi11g
8C~oa~ltaBga~r-g(et\{go) _::l::_:_._-_::_:_._-_::_:_._-_: __· -_·:_:_ 2~1 P~e:~t1~eguJc_~_Ia_-__:_:·_-_: __--_-_::_-_--_·: __ :· __- _ _-__ :__ :._·:_:_:_:_:_:_ 16 Rear-admirals i_ ------•••••• - ••••• ------·· ------·------·-·· 4 N, 14 Captains ...... ------...... ------...... 26 Coal Barge No. 2 ·-···---···· •••• 1 Philadelphia ...... ·-----·- 30 Commanders··------...... 51 concord ...... • ------·- 13 Porter .... ------··· -----· ---·-· ~ y~~~~;ni:;.-~ffi~~~g0eii"i8missfo~e(C:::::· :::::: ::::::::::::::::::::.:::.· :::: ™ g~eltgr~o:1.t~a-- -~-~o-· __n __ * ___: ._- -_-:__ : ·_-_: _: :_ :_ :__ :_: :_ :_ :_ :__ :_: 26182 ~Pr~1U1~n'?rcelfeato~-n: -_- -__-__ -_-_:_: _: ·_-_:_:_:_: ·_:_:_. _:_:_: _:-_:_:_._:_: 14 Cade ts ...... --. -... --... -. --. ----.. --.. --. --...... -. --- . ------. -.. - .... -. 70 D 12 Medical officers ...... _..... ---·--...... __ .... ____ ...... !l5 Dixie ..... -·-----· .... ------_-··-- 24 Ranger ..... ------•..... ____ ••...• 10 Pay officers ...... ---- .... ------..... _____ ...... ------...... 70 Dolphin ...... ------...... 10 Richmond* ...... ------11 Chaplains ...... ·-···-Q··· ·-...... ---··- ...... --··-- ...... 20 Don Juan de Austria .... ------2 8t. Marys*-----· ...... : ..... ____ 4 Warrant officers ...... ___ ...... ------...... ------__ ...... 428 !~:::~~~~~= :::::::::::::::::::::: l; !:~~~;~::::::.:::::·:::: :::::::::: ~ Total .... ----...... ----•..... ___ ..... __ ...... 1, {8.J: 1 1 8 t~~k~t*:::::::::::::::::::::::: 1~ ~~~~l~n::::::::::::::::::::::::: ~ Total number of :::~:i~=:n~ ;:r~a:~a~::;.~ of all grades, l,COl GGal.,rcdi_eorq_u_i_._-_-_-__-_--_-_._-_-_- __-_··_- __-_--_-_-_-_-_-_ 2 ~~ti~e~~~~)_:::::::::_-_·-.::.··.------.· 1... (including cadets at sea). .. 11 1 CNOTE.-Eight captains for engineer duty only, not available for ea. Hartford...... 22 Sylph------·------1 service.) Helena .... ------···--·- ll Sebago (tug) ______----·--·--·--- 2 (Fifteen commanders for engineer duty only, not available for sea service.) Ind~pendence * .... ------·····--- 14 Talbot ------·-· ••...• 1 Indiana (in reserve)·-··------13 Tecumseh------·--- 1 3. List of vessels prepared by the Bureau of Navigation, not now in commis Iowa------··------26 Texas--··--·--·------·------24 sion, but u:hich, in it& 011inion, could be placed in commission u·ithin thil"ty Iris ...... _....•.....• ------4 Uncas ...... ---·--...... • ---- 4 days in case of ul'gent necessity, and number of officers required. 0 1 ~faqd~iiiba·: ::::::::: ::::: .-~ · :::: ~ ~r:: ~~~~::::::::::::::::::::::: g Aileen ...... ------.... ------8 :Mohican------·------·-······ 14 Isla de Luzon ...... •...... ------5 Wabash* .....•.....•.. -----·---- 13 Annapolis ...... 12 Montauk ...... 8 Lancaster...... 20 Wheeling------·-·-·· 9 Apache ...... ------··-- 3 Nahant------·------· 8 1 Arayat ...... ······------8 Nansban ...... __ .... __ ...... 6 t7ci~~:::::: :::::::::::::: :::::: 1i "K~k~~~~~-:::::::::::::~::::::: ~ Arethusa ...... ---- 5 Nantucket ...... • 8 Manila...... 9 York--town ---·--·--·---·------· 12 Barcelo ...... ------·. 3 Nezinscot ...... ------.... ~--- a M:mileno ------...... --··----··· 2 Yosemite .... ·---·--· ------23 Belusan ...... -----·---·---- 8 Olympia--···--·····------30 l\iarcellus ..... _____ .... ---~ _....• 5 Brutus ...... 6 Oneida·------·-········-···· 8 Marblehead ...... ------···· ll Total ...... ••... 1,002 Canonicus ...... 10 Osceola ...... ___ _ 3 Marietta.------...... _..... ll Catskill ...... 8 Panther ...... 12 :2. Officers i·equfred to give complete complement for each vessel of the United Chesapeake ...... ------...... 12 Pawnee---·------:J States Navy now in commission. T. A . :M. Craven ....•..... ____ ---- 5 Peoria ...... -----· ...... 8 Cu hing ...... ---·------3 Pinta ...... ---·-·------· -----· ... . 8 Abarenda ...... ------·----- 9 Mariveles ------·------·----- 3 Dorothea ...... ------8 Pompey ...... • 6 Active (tug)...... 3 Massachusetts-·------·-··-··· 32 El Cano------·-·····-····------8 Puritan ...... 18 Accomac(tug) ______.... ----·· 3 M'.18-
1900. CONGRESSIONAL RECORD-SENATE. 5269
Ii. Officers needed on additionaJ, ships of the United States NamJ (not mentioned Co11tplemcnt of enlisted men of vessels of the United States Na-vy in commis in the preceding lists), under construction and under repair, and vessels of sion-Continued. the Coast and Geodetic Burr;e'/I. Alabama ______----·----- ...• 30 l\IcArt.hurt---····-·- ·-·-·· ------4 Number Number Alert . ----- ______-----. ---· __ __ 12 Minnesota.*------10 Name of vessel. of enlist Name of vessel. of enlist Arkansas------18 Missouri.------·-- 30 ed men. ed men. A.D. Ba-che f ______------· . 5 Nebraska ______30 12 New Hampshire*------· 10 220 TORPEDO BO.ATS-contin- 3 New Jersey------611 3 Nicholson-·------3
Complement of enlisted men of vessels of the United States ~~ai:y in commis and 45 on boa1·d the Mai·s. Comparing the number of officers for line and sion-Continued. engineer nuty. the Kearsarge bas 13 against !O on board the lajestic and 31 on board the .1fo1·s. The comparison with similar vessels of other navies is Number Nmnber carried fur the_ in the following table: • Nrune of vessel. of enlist Name of vessel. of enlist Line and engineer officers. ed men. ed men. I ~:~(~~:~~~tli~~j)~:::::::::::::::::::::::::::::::_-::::~::::::~:::: ~t Would be 1·equired fo1· ves Unde1· construction-Con Charles Martel (France), ftagshlp ------·------·-··-- 31 sels of tlte United States tinued. Kurfiirst Friedrich Wilhelm (Germany), flagshiJ>------·-----··------~ NamJ not in commission Weissenburg(Gel'IIlany), not flagship ______---·--·----·------~ if cominissioned-C on - TORPEDO-BO.AT DESTROY- Rurik (Russia), not flagship_------·-- ____ ·--··-·--· ______----·- ____ --·---- 2U tinned. ERS-Continued. With the present complement of the Keai·sarge it is possible to detail only one officer for the command of the four guns (two 13-inch and two 8-inch) Terror•------··-·-··---·-- 173 G9 contained in one of her double turrets. Topeka------·-----·-----·- 162 g~f~~~~-~:::::::~: ·:::::::::: 69 It ha come to the attention of the Department that there is an impression Vesuvius --··--- ·------· __ 72 Decatur ______·------69 that the scarcity of officers for sea duty is due to their unnecessary employ- Vicksburg--··------63 Hopkins _____ ------·----· 69 ment on hore. Such, however, i not the case. One source of the high effi- 63 HulL ______------_·------69 ciency of the American Navy foryearspast has been the intimate aequaint- :i.83 ~~fee-::::::::::::::::::::: MacDononghLawrence----· _____ ·--· ____----. _____ ------_ 00 ance of its personnel with the administration, design, and construction of the 69 fleet, its ships, and all its parts. Onr guns. our engines, oor hulls are de· Total ______----··-··--· 7,185 Paul Jones ______------·--- G9 signed and supervised in their manufacture by naval officers. We have net Perry------·------·---- 69 followed the system cffo1·eign services, which gives the benefit of thisexpe- Under eonstrttdfon. Preble ------·-- 69 rience and instruction to civilians and robs the officers and the services of it. Stewart_------··--_----- ___ _ 69 The officers of our Navy who are being kept on shore to-day ai·e ftlw in / BATTLE SHIPS. Truxton·------G9 number and are devoted almost e::rnlnsirnly to duties which add directly to Whipple------·------69 the efficiency of the fleet through the excellence of the product which they 453 Worden .. ______·------· sg give us and the benefit. of the training which the officers get them.selve . 454 The evil effect of detaching an officer from duty a.s inspect.or of a. to1·pedo ~~Y:~~E=:::::::::::::::: 457 TORPEDO BOAT . boat under construction would be felt just as certainly and severely as the Alabama.i ______----·- 4f>8 evil effect of detaching a watch officer from the Kearsarge. 457 Wi. consin ------·--. -·--·- The Department has plead for officers for sea. duty1 but it needs them just 451 Dahlgren·-----···--·--·---- ...,,26 as urgently for duty on shore. The only difference 1s that a place left un 1 T. A. M. Craven ______.~;~:urf ::·_: :::: :::: :::: :::: 4.51 MJ filled on a battle ship in commission is au immediate necessity, o! which the Ohio_--·_ ---·-· ------. ___ ---- 451 Stringham __ ·----- __ ------ 56• evil effect is felt at the time, while • pla.~ left unfilled on inspection duty Goldsborough------53 carrie it~ effect further into the future, when the imperfect ve sel, which SHEATHED BA.TILE SHIPS. 60 has been left uninspected and un.
to ask Senators, because his son is in the Naval Academy or his any recommendation in regard to this matter? Does he not recom friend's son, to vote here to put this Government property in mend that this two years at sea shall be discontinued as a part of jeopardy in any such manner as that. the course? l\1r. FORAKER. Will the Senator from South Carolina allow Mr. TILLMAN. Has not the Senator realized long since that me to interrupt him? the social functions of this capital and the influence of the Navy Mr. TILLMAN. The Senator from Ohio would not allow me, over Senators and others and the influence of naval officers over but I take pleasure in allowing him. t;a.Ch other are paramount, and the men who will do tbefr duty as Mr. FORAKER. I am not aware that I disallowed the Senator officers are as scarce as hens' teeth? to interrupt me. I asked him to wait a moment- Mr. FORAKER. The Senator did not allow me to conclude Mr. TILLMAN. I am perfectly willing for the Senator to in my inquiry. terrupt me and to throw light on anything I am discussing. -Mr. TILLMAN. I shall be glad to let the Senator finish. Mr. FORAKE.R. I asked him to wait a moment until I bad Mr. FORAKER. My inquiry was if the Admiral of the Bureau completed a sentence I was then uttering. I thought it was en of Navigation does not recommend-I am not speaking of why he tirely agreeable to the Senator. I supposed it was. He1·eafter I should recommend-that the two years shall be discontinued. will yield to the Senator at any time, but I rise now to say, in the Mr. TlLLMA.i.'r. I have not taken the trouble to see what the first place, that I have no son in the Navy. · Admiral recommends. Mr. TILLMAN. I am not making any personal allusions here Mr. FORAKER. I will ask also if the Board of Visitors did other than that I have been importuned by my friends sons who not recommend that it should be discontinued after they had thor are at Annapolis and by some of my friends on this floor and by oughly inveMti~ated it? some of my friends in the other Chamber to vote for this fonr Mr. TILLMAN. They recommended everything. I am going years' course in order to let their boys get thefr commissions. I down there in June, an~ if they give me enough punch I suppose would have been glad to accommodate them if I could have done I will recommend that the cadets go to sea as captains, without • so and discharged my duty as I saw it. any preliminary training: Mr. FORAKER. Mr. President- :Mr. FORAKER. I was not quite through with it. There is The PRESIDING OFFICER. Does the Senator from South another question. I will ask the Senator if be is not aware of the Carolina yield to the Senator from Ohio? fact, and if the Committee on Naval Affairs is not aware of the Mr. FORAKER. The Senator will not accommoclate me much fact, that the Superintendent of the Naval Academy has recom when he yields unless he yields. mended that it be discontinued, and if the commandant of the Mr. TILLMAN. I will sit down and give the Senator the floor. cadets has not recommended'it, and if every other naval officer Mr. FORAKER. I only want an opportunity to speak for a charged with authority and with tbe duty of making a report who moment. I would rather the Senator would stand, for I want to has spoken on the subject has not recommended that it be discon say only a word. tinued? Is not e\ery member of the Naval Affairs Committee Mr. TILLMAN. I will stand if it will accommodate my friend. aware of the fact that the Navy Department throughout, from l\Ir. FORAKER. The Senator has made that statement a num top to bottom, every man who has spoken in regard to it, has ber of times. I have no interest m this. I have no friend, no pro recommended a discontinuance of this as unjust to the cadets and tege, there. I have no interest of that kind whatsoever. I ha·rn as not necessary to promote the service? no one there in whom I am interested, and I never did ha\e. Mr. TILLMAN. I was not aware of the fact, and I would not Another word. I want to inteuupt the Senator about some care if I had been. I am not here to receive orders or suggestions thing more important than that, because I did not imagine he had from the Navy Department as to my duty. I investigate matters reference to me, but I wanted tbe RECORD to show that he did for myself, and I generally have manhood and intelligence enough, not. The Senator speaks about these graduates, after they leave I think, to make up my mind and defend my position, and I do the Academy, if they were commissioned, having to assume these not ask any admiral or anybody else to tell me how I shall vote great respons~bHities. My information is, and it comes from the h~~ ~ Navy Department, that they are now, without commission, put Mr. DANIEL. Will the Senator allow me to ask him a ques- in precisely the same official relation to the discharge of duty that tion? they would be if they bad the commission. They take the place l\Ir. TILLMAN. With pleasure. . largely and discharge the duties of junior commissioned ofticers Mr. DANIEL. What do these 600 naval officers do? now, and the sole question about this whole matter is whether Mr. TILLMAN. If you will tell me, I will take a great deal of they shall go and discharge these duties with or without a com pleasare in telling you. mission, with or without rank. Mr. DANIEL. The Senator said he investigated the matter, Mr. TILLMAN. If I could agree with the Senator in that be and I supposed he had found out. lief- Mr. TILL~fAN. I have not been able to find out. I do not Mr. FORAKER. That is the information I have. It comes think anybody e1se can find out where they are profitably employed from the Navy Department. or reasonably employed. If the Senator will offer a resolution of Mr. TILLMAN. The trouble about it is we get so many re inquiry calling on the Secretary of the Navy to designate what ports from the various branches of the naval service that we are these men are doing, I tliink h.e will find that half of them are not sometimes brought face to faCB with contradictions. I hold in my doing anything except drawing salaries and sitting around some hand here a table which will throw a great deal of light on the navy-yard. They are doing nothing, absolutely nothing. That present situa ·on in the Navy. It iBfrom the Chief of the Bureau is what they are doing. of Navigation, Admiral Crowninshield, under date of April 23, Mr. DANIEL. The Senator did not know at first, and now he 'and it discloses this condition of affairs: says they &re doing nothing. . The total number of all officers in the Navy is 1,263. Of these, Mr. TILLMAN. I am just arguing as to what they are doing. 603 are at sea; 585 are on shore; 39 are on waiting orders, making I think I can see into a mill rock as far as the Senator, but this 624 who are on shore. Now, that reminds one very much of the one I can not penetrate. Half of the officers could not be on shore Gilbert and Sullivan opera, where the queen's navy was ridiculed unless there is some favoritism at the bottom of it, especially and criticised becau e it was all on land. I remember the first when they are asking for more men. That is the condition. time I ever saw Pinafore, when the old admiral comes out with I will go back to the proposition as to these cadets receiving his landlubbers, who had never been on the sea at all, and, speak their commissions. I have already pointed out the danger that ing about it, says: would occur in the event of a green, raw boy, who has simply gone I ooardetl so often and boarded so free through a school course, manipulating and handling a mnsket That they made me admiral of tho queen·s navy. and studying mathematics and getting some idea of navigation We have a whole lot of landlubbers loafing around here doing and other things, being put in charge of one of these complicated nothing but drawing large salaries in our service, when they could machines, the fighting machine, the most complicated in the go to sea and we would have no lack of officers, if we had any world. I think any man can see the difference between turning body to look into this matt€r and push it. There is too much over such a machine to a cadet, involving loss of all on board, favoritism in this business, and when we sav we have 624 officers and turning over a few pieces of artillery or a few muskets to a who are doing inspection duty or who are doing bureau duty, we cadet from West Point. · know it is impossible that you can have that many men reasona Mr. FORA.KER. I do not like to interrupt the Senator again, bly employed or decently employed on shore. but he always yields with so much pleasure that I think he en Mr. FORAKER. ·Will the Senator allow me to ask him a ques- joys it. So I shall take the libe1'ty of requesting the privilege of tion? - asking him a question. Does the Senator think it would be any Mr. TILLMAN. I yield with pleasure. more injudicious to turn over those duties to a young man who l\Ir. FORAKER. I understoo which he is to engage thereafter for a long time, and become a .Assignment of commissioned ojfice1·s of the United States Navy DecenibC?· 81 part of it, a kind of amphibious animal. !Snppo.se yon should 1899. • • find out that he was not fit for a sailor. He would have his com On I mission and would have got in on the Government under some Total leave On Nau- false pretense as an officer, to be carried on the pay rolls the bal Grade. num- At On or sick tical Spe- ance of his life, receiving commissions by gradation up, up, up, ber in sea. shore. wait- leave. school- cial. grade. · ing ships. whether he is any account or not. . orders. Mr. FORAKER. If the Senator will allow me, he is certainly ------!---·------· ---- aware of the fact that the cadet can not take any step up, up, up, Admiral 1 1 .... -...... --- Rear-adniliaiB:: ::::::::: """"{" --·- ---- until he has been examined, examined, examined! 18 14: ---·-·7· ...... --··---- ...... ·--· Mr. TILLMAN. The trouble about it is that there is a fellow Captains.---·-...... ---- 70 18 45 ...... ------Commanders------·- 112 33 71 4 ------3· 11 ship among them, a sort of freemasonry, by which they examine Lieutenant - command· and pass some men and will not pass others. ers 170 86 74 6 2 22 Lieateiiaiits·---··------300 156 120 11 Mr. FORAKER. Has the Senator- Lieutenants --(jliiiio_r_ G 7 Mr. TILL.MAN. They are human like the rest of us, and they 105 62 39 1 2 1 --- ... ---- have feelings of favoritism and kindness and friendship and other ~~eJ_::::~~::::::::::: 100 100 1 --··--i- 4 1 ------influences which ought not to govern. I yield to the Senator Medical directors ...... 15 H: ...... _ ...... Medical inspectors _•.... from Ohio, if he wants to say anything. 15 4 11 ...... Surgeons ...... 50 21 21 -·--··2· ...... ' , Mr. FORAKER. I was only going to ask the Senator if he has Passed assistant s u r - no confidence in any class of humanity. geons ...... ------49 19 26 2 2 ...... ·-- ...... Mr. TILLMAN. I have as much in :r.i.aval officers as in any- Assistant surgeons ...... 3fi 28 5 2 ...... Pay directors ...... ----·· 13 13 ----··2· ·--- --·- ...... ---- • body else, but I will say 1 am not criticising unduly here. I have Pay inspectors----·----- 13 3 8 ------· a great deal more confidence in the nava'.'l officers than I have in Paymast;('rs ...... 40 13 24 1 2 ...... ------Senators. Passedmasters assistant ______pay- 29 22 6 1 ---- ...... -·--·--- ...... ---- But here comes another phase of this subject which the Senator A.s3istant paymasters ... 00 22 8 ...... ---- ...... who is in charge of the bill pointed out. The.personnel bill pro· Chaplains ...... 24 12 11 ······i- ...... / vided for merging the line and the engineers, and for the perform· Professor of mathemat- ics . ---·------·-·· 11 11 ...... ------...... ance of the duties of both by both after a certain lapse of time. Naval constructors. __ ... 20 20 ...... ------...... It has been well understood by those who have examined the rec Assistant naval COD· structors 18 18 ~ ord of our Navy in the past that the Engineer Corps was by long ---- ·s-i" ---·-·2· .. --... -.. - --- ... ---- odds (at least it was so considered) the highest corps in the Navy, Civil engineei:s :::::~:::: 21 18 ...... and that the star graduates went into the Engineer Corps because 'fotaL______1,265 603 585 39 23 · 12 of their superior ability as shown in their school course. Therefore, when we requfred that line officers who had pursued i Governor Sailors' Snua Harbor. an entirely different line of study should embrace in their prepa 2 Supervisor New York Harbor, and Isthmian Canal Commi sion. ration for becoming officers this additional line of study with s Under suspension. . which they were not familiar, and provided that the engineers Of the officers enumerated above, 8 in the grade of captain and 15 in the grade of commander are former engineer officers transferred to the line should take up in addition to their special studies which they had under the provisions of the act of March3, 1899,known as the "Navy person pursued hitherto the additional duties required of line officers, can nel act." In accordance with its terms the assignment of these officers to sea any man here pretend to saytbat what has hitherto required four is prohibited, and they are available fo1· shore duty only. . In addition t.o the officers shown in the foregoing statement, there were, years of special study can be mastered in both branches by the on December 31, 1899, 10 assistant surgeons appointed for temporary service, same boy? I do not believe it. It is very evident that in merging of whom 8 were on sea duty, 7 on shore duty. · the two and in putting upon both the duties of both it requires an Nineteen chief boatswains, 12 chief ~nnners, 19 chief carpenters, and 11 chief sailmakers were on tho date mentioned distributed as follows: additional length of preparatio:i and probationship. Chief boatswaina: At sea, 4; on shore duty, H; sick leave, 1. Mr. President, I have in view only the best interests of the Navy, Chief gunners: On shore duty, 12 . .desiring to keep.it to its high standard, desiring to prevent green Chief carpenters: At sea, 3; on shore duty, 14; sick leave, 1, and waiting orders, 1. horns from getting hold of our ships, and I saw in the papers the Chief sailmakers: At sea, 4; on shore duty, 7. other day that six of our vessels were disabled in the last month A. S. CROWNINSHIELD, by rea~;on of incompentence in the engine room. Whose fault was Chief of Bureau. that? Mr. CAFFERY. I am glad to find such a distinguished naval Mr. FORAKER. It was not the fault of any cadet, I will as authority as the Senat.or from South Carolina. He knows more sure you, who was on a two years' cruise. about ships than most of us or most of the Navy have ever known: Mr. TILLMAN. But some officer who had been put there was Now, Mr. President, I have a. son at the Naval Academy. I simply drawing the pay, and when a man working without the hope that I have manhood enough and that I have impartiality pay and performing the duty which by right belonged to another enough to discuss this question outside of any bearing that it may officer, who knew nothing, or very little, about the engine, the have on him or his fortunes. These insinuations of the Senator mishap occurred. But whether it was such a case or not, it seems from South Carolina are, it appears to me, in bad taste. we are treading on dangerous ground in undertaking to change Mr. TILLMAN. Unless the Senator should go further than he this personnel feature that we enacted here last year; and we might need to go, I beg to say that I had no intention of accusing should go along a little further and see "where we are at," to use him of being so small as to let that influence him. ire is only one a slang phrase, before we undertake to revolutionize it. of possibly twenty who have importuned me. I wish to say tQ The Senator from Ohio stood on the personnel bill with the Ma· the Senator further that, whatever differences he and 1·may have, rine Corps yesterday. Why does he turn around and want to I give him credit for being as staunch and as truly a high char revolutionize the cadet corps? There is no morereasonforchang· acter as there is in this body, one who will fight for his principles ing the one than there is for changing the other. You want to and what he believes to be right without regard to consequences, hold on to what you have got. Why not leave this provision a and that he has proven. law and let the Navy go along without meddling with it so much Mr. CAFFERY. I am much obliged to the Senator for his and experimenting and legislating every twelve months because statement. I thought I would let him know exactly how I stand of importunities on the part of officers and their friends? in this matter. I wanted to discuss this thing without any refer Mr. CAFFERY. Mr. President- ence whatever to the effect it may have on the fortunes of anv Mr. TILLMAN. I will ask to have this table printed. It gives cadet or any single individual. If I know myself, I have done so. the present number of naval officers, with the character of duty. We are all of us sometimes a. little inclined to favor things that The PRESIDING OFFICER. Without objection, that order may favor us, and, in our own despite, our impartiality may some· will be made. times be a delusion. But, Mr. President-- '" The table refe1Ted to is as follows: Mr. TILLMAN. If the Senator will permit me, I do not want NUMBER OF COMMISSIONED NAVAL OFFICERS. . to pursue an unpleasant subject any further; but if he were not NAVY DEPARTMENT, Washington, ApriltS, 1900. influenced by love for his son and to try to advance and help Sm: Replyini;t to the resolution of the Senate, dated the 18th instant, re him, if he thought he could do it decently, he would not be the que ting to be informed- " First, what was the total number or commissioned naval officers on the 31st father he ought to be. day of December, 1899; second, the number on shore duty; and, third, the Mr. CAFFERY. Well, Mr. President- . number on leave of absence or on furlough or under orders other than to sea or Mr. TILLMAN. I know what is due in such cases, because I shore duty; and also giving the above information as to each grade and class of officers in the Na.vy"- have a son myself, and I know what I might do under similar cir I have the honor to transmit herewith a statement prepared in the Bureau cumstances. of Navigation of this Department, containing the information requested in Mr. CAFFERY. I will take the admonition as to filial love the above-mentioned resolution. from this high authority upon naval affairs wit.h the grace it I have the honor to be, sir, very respectfull!.i JO.tiN D. LONG, SeC'l·etary. ~~ . , The PRESIDEXT PRO TEMPORE OF THE UNITED STATES SENATE• Mr. President, as to the statement made by the Senator from • 1900. CONGRESSIONAL RECORD-SEN.ATE. 5273 South Carolina, that it would be an abnormal thing and a wrong I Mr. HALE. Does the 8enator say that that is so under the and an unusual and a dangerous thing to commission a naval present construction of ships, with the complicated machinery, the cadet and place him in charge of a ship, that it would be detri- absolutely new structure compared with thirty years ago? Does mental to the public service, I agree with him. But will that be the Senator say that proves that four years is enough, when the' the case? Did anybody ever hear of a subordinate officer holding service was then upon nothing but the old sailing vessel? Never the rank of an ensign or second lieutenant being placed in com- since the introduction and the combination of steam engineering mand of a ship except under most extraordinary cil'cumstances? with the duty of the line officers has there been a course less than There are gradations in the naval service as well as in the land six years. The Senator is all wrong about that. We had nothing service. When a cadet graduates from West Point he is not put but sailing vessels under the old arrangement. in command of a regiment or a battalion or a brigade; he is put Mr. FORAKER. Will the Senator allow me? in command, perhaps, of a subdivision of a company. So it is in Mr. CAFFERY. Yes, sir. the naval service. I contend that these cadets can learn more, The PRESIDENT pro tempore. The Senator will suspend and be of more service to their country, and enjoy more of their while the Chair lays before the Senate the unfinished business. It own self-respect, and command the obedience of the men under will be stated. them better when commissioned than when not commissioned. The SECRETARY. A bill (S. 2355) in relation to the suppressio-q Now, the argument advanced by the Senator from Ohio occurs of insurrection in, and to the government of, the Philippine Is to me to be potent in its strength, that these cadets are assigned lands, ceded by Spain to the United States by the treaty concluded to duty in case of emergency, and what is the difference between at Paris on the 10th day of December, 1898. assigning a man to duty without a commission and with a com- Mr. HALE. I ask that the unfinished business be informally mission except in favor of the latter hypothesis or contingency? laid aside. Undoubtedly, Mr. President, there have been importunities by · The PRESIDENT pro tempore. The Senator from Maine asks the naval cadets who feel the sting of their situation, who feel that the unfinished business be informally laid aside arid that the their nondescript character after .graduation. They have no Senate proceed with the consideration of the naval appropriation office; they hold no commission; they are subject to all the respon- bill. The Chair hears no objection. · The Senator from Louisiana. sibilities of an office without enjoying any of its perquisites. [Mr. CAFFERY] is entitled to the floor. They have tuition enough in their three months' yearly cruise to Mr. FORAKER. Will the Senator allow me to ask the Senator learn all about ships and navigation. What more is required? from Maine a question in answer to the suggestion he bas just Mr. HALE. Will the Senator permit me to ask him a question? made? Mr. CAFFERY. Certainly. Mr. CAFFERY. Certainly. Mr. HALE. He speaks of the condition of the cadet in the last Mr. FORAKER. Would he not get that same benefit of in- two years of his six years' course as being irksome, as something struction and get it in the way of experience if he carried his almost intolerable. Has any cadet in the last fifteen years entered commission that he gets without his commission? the Naval Academy without knowing when he applied, when he Mr. HALE. No; that is precisely what is intended to be pre took his examination and entered, that the law gave him a course vented; that he shall not be fastened upon the United States as of six years? an officer who can not be removed except by extreme measures Mr. CAFFERY. Why, clearly not until he has passed a course that fits him to command men upon Mr. HAtE. Then, if Congress has determined that two years modern ships. The moment that you get an officer with a com of that service shall be upon the element where he is to have serv- mission in his pocket the period of his tutelage ceases, the incite ice and distinguish himself hereafter, why should he be burdened, ment that he has to excellence and to preferment has all passed. why should it be irksome to him, to have two years of this course Mr. FORAKER. I will ask the Senator if the cadets who are upon the sea when he entered the Academy with that deliberate now at sea under this two-year cruise arrangement are not most compact with the Government that he will give those two years? of them discharging the duties of junior officers? I have heard the Senator's son referred to, and the Senator has Mr. HALE. By no means. just spoken of him. He entered the Academ·y on a six years' :Mr. FORAKER. I am so informed. course, two years of which were to be upon the element on which Mr. HALE. By no means. They are temporarily assi~ed to he was to have service )lereafter, not as a land sailor, but as a sea certain places. I am glad the Senator has asked that question. I sailor. What right has he to complain that now he finds himself was intending to refer to it. Still I will not now interfere with obliged to submit to a two years' course upon the sea and to say the Senator who is on the floor. I will bring out that hereafter. that he finds himself nowhere when he finds himself where the I want to comment upon what these cadets do in the last two naval officer and naval cadet ought to find himself-upon the years. - water? Mr. FORAKER. Will the Senator from Louisiana allow me Mr. CAFFERY. Mr. President, the analogy is not good. He one moment further? has just as much right to complain as any citizen who contracts The PRE,SIDENT pro tempore. Does the Senator from Louisi- with reference to a law and afterwards seeks to have that law ana yield to the Senator from Ohio? - modified. Has not a citizen a perfect right to say, if the law re- Mr. CAFFERY. C.ertainly. . quires ten years' prescription upon a promissory note, that that Mr. FORAKER. If the Senator will yield to me just a moment, is a hardship for him and that the term ought to be reduced to I will read from the report of the Chief of the Bureau of Naviga five? The cadet enters into no compact when he enters the Nitval tion, Navy Department, Bureau of Navigation, September 30, Academy not to attempt to modify or repeal laws which work 1899, as follows: against bis welfare and do no good to the country. The gunboat Urdaneta, Naval Cadet w. c. Wood in command, was de- If it were a-'urely a matter of personal convenience, Mr. Presi- stroyed at Orani, Orani River, Manila Bay, at wme time between the 1st and h b t •t t th t 't · f 2'2d of September. The insurgents have reported her commanding officer d en t , I won1 not open my mout • u 1 occurs 0 me a 1 IS o killed. Most of her crew, whose names are as follows, are probably prison- no use whatever to the public service to require these two years' ers, though some may have been killed- sea service. It occurs tome that it sends thesecadetsabroadover the earth in idleness and perhaps offers temptations to contract Giving a long list of them. I might read further from reports to show a number of the cadets of the same class wounded in bat habits of dissipation. Why not put them in harness at once after tle, and how the cadets who were thus wounded were commended they have passed the very severe and exact curriculum required in general orders by their superior officers for bravery and cool. at the Naval Academy? · Mr. TILLMAN. Do I understand the Senator to contend that ness and the discretion they showed. the cadets are not unde1· orders and are not subject to discipline Mr. HALE. Undoubtedly. In time of war there will be iso- of the very severest kind? lated cases of that kind, but in long terms of peace, which I hope Mr. CAFFERY. I do not mean to say any such thing. we shall have some day, the two years' eiervice of the cadets are Mr. TILLMAN. Would there be any greater safety to their spent in receiving additional instruction and e~perience in sea 1 · h th · · · · th · k th · h service, not as commanding officers. mora s Wlt eir commISsions m eir poc ets an wit out those Mr. TILLMAN. Mr. President, with the permission of the Sen- commissions? Mr. CAFFERY. If the cadets had a commission it. would ator from Louisiana, I will illustrate the condition exactly. While charge them with the responsibility that the commission implies. the cadet is at Annapolis he illustrates that old piece of doggerel: It would charge them with more loyalty, more fidelity to their "Mother, may I go out to swim?" rank as officers. It would give them employment of a certain ;~eg~::ydo~~~ 1~:e~g~~~ickory limb, kind, and now they have none that I know of. . And don't go near the water." . Mr. HALE. Why not give them a commission, then, at the fLaugbter.] . end of two years? Now, I want to put him in salt water-or on it-for two years Mr. CAFFERY. Because that is not the requisite time; and and see that h~ can swim before we turn him loose as an officer again I recur to the question. Four years bas been discovered by with a commission, with the duty and authority to command one experience to be enough. Under the four years' term the United of these vessels. · States has turned.out the best naval commanders the world has M~. CAFFERY. Mi:. P~·esident, I think the cadets have plenty ever seen. What is the objection to the four years' term? of time to learn to SWlm m the three months' cruise they make 5274 ·CONGRESSIONAL RECORD-SENATE. MAY 8, annually in the four years. If they can not learn to swim in a year is a Senator here who bas been approached in thewayof personal they never will. I suppose some of the constituents of the Sena importunity in this matter. tor from South Carolina on the high hills of Santee ntight learn But, Mr. President, while I am no apologist for the Navy, I do how to swim in a horse trough, but the ordinary midshipman, or resent the statement that the naval officers of the United States ensign or whatever they call them-I do not know-I think ought are loafing around the city of Washington doing nothing. I have to be able to learn how to swim in twelve months anyhow. challenged the proof of the assignment of one single naval officer But, .Mr. President, to revert-- on land to any one single duty that was not imperatively neces Mr. TILLMAN. I did not think that the Senator would take sary. my illustration seriously as applied to the mere matter of swim I say, Mr. President, that I believe it is a just and a wise regime ming hy individuals. I was alluding to the occupation the man for the Navy to pursue to have these men on shore investigating was to follow hereafter as an amphibious animal, or one who was the matter of the very ships of which we have heard so much, capable of doing duty on shore or on shipboard. The Senator is learning the constrnction and the running of the machinery which usually .so quick and alert, I did not suppose for a minute I should is so important a part of the ships, and in attending to all the have to explain my allusion. . matters that require presence on shore. It is of as much impor Mr. CAFFERY. I beg the Senator's pardon; I know he is n.1- tance as if they were sailing the ship itself. I can find no naval ways metaphorical, and as full of similes as the sea is of salt. officer in this city who is a. loafer or who is doing nothing. I find Now Mr. President, to revert to the statement of the Senator them up to their ears in business whenever I come in contact with from Maine. He says that the commission of a cadet deprives them, and business absolutely necessary to the Department to him of the ambition to get advancement which the absence of a which they belong. commission gives him. Well, that is a piece of logic that I can I say that there is a deficiency of officera, as shown by the re not see through. I do not see how it is that the commission of a port ot the Secretary of the Navy, and that the committee amend cadet as a subordinate naval officer does- not add a stimulus to ment itself in this regard does not fill this vacuum. There is a. his ambition, and I do not see why in the subordinate capacity of present need for these officers, and at the rate of graduation an under officer on board a ship he can not learn as much, if not about 40 or 43 a year-it will take over twelve years to fill up the more, than a noncommissioned officer, with no capacity whatever void, and it will be filled gradually, not in a. lump, as the Senator as an official, sailing around for two years. from Maine says. Forty-three or forty-fom will come in every Mr. HALE. Of course, it is'rather speculative; but I do not year to fill up this void of 697 officers. suppose there is any ambition so eager as the ambition of the stu I hope, Mr. President, that the Senate will vote down the Senate dent, the ambition of the undergraduate who is at all ambition . committee amendment. I do not mean the drones and the shirks, but the bright, active The PRESIDENT pro tempore. Is the Senate ready for the bovs. While after life is full of the ambition that attendq any question on agreeing to the amendment of the committee? course or any profession that a man enters into, the ambition of Mr. CAFFERY. On that I ask for the yeas and nays. the student, of the undergraduate in college or university, or at The yeas and nays were ordered. West Point or Annapolis, is what is needed to make him suitable M~. CHANDLER. Mr. Pr~sident, I prefer not to trouble the to be accepted as an officer in the Navy. If you precipitate that waters any more than is necessary upon this question. I am not . commission, if you give it to him too early, you shut out from a without a certain sympathy for the naval cadets who went upon certain portion of his tender years of studentship what he ought the ships of the Navy .during the war with Spain. I · presume I to have, and you do not get so good an officer in the end. shall be as willing as the Senator from Ohio to pay tribute to Naval Mr. CAFFERY. I do not agree with the Senator on that point. Cadet Wood for his services; and if any special legislation were Thee young men will average about 23 years of age, as you will necessary for those young men who went out from the Academy see if you look at the list, and at that time if they are commis and fought in the Spanish war, I should not be unwilling to con sioned they are in the very height of their ambitious fervor. sider it favorably. Now, Mr. President, the Senator from Maine has stated that But, Mr. President, that is not the present question. Two years there is no comparison between the four years service required have gone by. All of these young men substantially have obtained when we had wooden ships and the six years' service required their commissions, or all of them will obtain their commissions now when we have iron ships. I should like to know whether on the 30th day of June of this year, and there is no need of our there has not been as much improvement in land armament, in legislating for all time to come with reference to the special needs guns, and all equipment for the Army as there has been in the of any of.J.hose cadets, nor do I think that we should be influenced Navy? With the bare exception of the steamship itself, I believe in our action upon this question by a consideration of the desires that I do not hazard anything rash when I say that the improve of the present cadets. There are a great number of them; there are ments in guns and in military equipment are fully equal to the probably, going on with the six years' course, three or four hun improvements in naval armament and equipment. dred young men. If the House provision becomes a law, they Mr. CHANDLER. Mr. President, will the Senator from Louisi will all get their commissions, and those who are now at sea will ana allow me a moment? get their commissions before they would otherwise receive them. Mr. CAFFERY. And a four years' term being required at West They will get their commissions by act of CongreEs instead of Point, there is no reason why more than a four years' term should coming home to be reexamined. be required at Annapolis. Mr. FORAKER. If the Senator will allow me-- The PRESIDENT pro tempore. Does the Senator from Louisi M . CHANDLER. In a moment. ana yield to the Senator from New Hampshire? Those who a.re pUl'suingthe nndcrgraduatecour e know, if this .Mr. CAFFERY. Yes, sir. House provision becomes a law, that by the passage of the bill Mr. CHANDLER. I only wish to answer the Senator's question they are to have their course shortened two years. by saying no. There has been improvement, of course, in war Does the Senator from Ohio want to ask me a question? equipment applicable to both services, like ordnance and gunnery, Mr. FORAKER. I do. I want to ask the Senator for my own but the cadet at West Point has to learn nothing about the hulls of information, a question. He speaks of there being three or four the ship or the machinery of the ship. The battle ship of the hundred students at the Naval Academy. I presume that is true, Navy is a new creation. The cadet at West Point has to learn but the average class is from 40 to 50, is it not? And are not the nothing about ships. The cadet at Annapolis has to substantially classes of 1898 and 1899 in the service? learn-- Mr. CAFFERY. I want to read these figures to the Senator. Mr. CAFFERY. I do not say that he has to learn anything Mr. CHANDLER~ If the Senator will wait a moment, I will about ships. yield to him. I want first to answer something the Senator from Mr. CHANDLER. One word. The cadet at Annapolis ha~ to Ohio has said, and then I will cheerfnlly yield to the Senator from learn everything that the cadet at West Point has to learn and Louisiana. all about ships and modern machinery besides. Mr. CAFFERY. Very well. Mr. HALE. And the sea. Mr. CHANDLER. According to the law, pursuing the six Mr. CAFFERY. Well, a knowledge of ships is best learned, in years' course, there can be 866 cadets. my opinion, by an officeron board in a subordinate capacity, with Mr. FORA.KER. In the Academy at one time? superior officers over him. That is my opinion about it. I do not Mr. CHANDLER. Pursuing the six years' course there can be give that opinion as an expert. l do not pretend to know anything 366 cadets, but the casualties that happen from time to time are about naval armaments. I do not pretend to have that sort of so many that I presume there are not often more than 300 cadets knowledge which is superior to that of the Superintendent of the pursuing that course. Naval Academy. Now I will yield to the Senator from Louisiana to state the I do not believe that the importunities which I hear of have had exact numbers. the slightest effect upon the minds of Senators. There is more Mr. FORAKER. I wanted to know how many cadets there importunity to get a"Private bill through this body than there has were in the class of 1898 and how many in the class of 1899. They been in order to sustain the House bill in regard to these naval are the only two classes who are yet without commissions, I sup cadets. Nobody has importuned me, and I do not suppose there pose. 1900. CONGRESSIONAL RECORD-SENATE. 5275 Mr. r AFFERY. In 1898, 39 passed, and in 1899, 53 passed. table showing the complement fort.he ships, and perhaps the Sen Mr JORAKER. And quite a number of those were killed and ator has a copy of it now. wou ,Jed. ~fr. PERKINS. I will state to the Senator that Senate Docu Mr. CAFFERY. In 1897, 47 were graduated. ment No. 168 gives all this information-the number of officers, · Mr. TILL~!AN. With the permission of the Senator from New their different grades, and how they are apportioned t-0 the dif Hampshire, I will say that it has leaked to my ears by some ferent ships. means-I do not know where I got it, except; perhaps, by contact- Mr. FORAKER. Can the Senator tell me how many there Mr. CHANDLER. By contact. should be to a first-class battle ship? Mr. TILLMAN. That the examinations hitherto looked to al Mr. PERKINS. Of officers? lowing so many to get through as there were places for. In other Mr. FORAKER. Yes, of commissioned officers who will be words, the examining boards examined these boys with the view superior in rank to the naval cadets. to only permitting as many to pass as would meet the necessities Mr. ·CHANDLER-. I guess twenty or thirty. of the service. Mr. FORAKER. Who will be superior in rank to these cadets? ~fr. FOR.A.KER. I understand there are about600 places now. Mr. CHANDLER. Twenty or thirty. Mr. TILLMAN. Only 53 were passed in 1890, and 89 in 1898. Mr. PERKINS. Including the Engineer Corps, the number The PRESIDENT pro tempore. The Senator from New Hamp- would be about sixty or seventy. shire [Mr. CHANDLER] has the floor. Mr. CHANDLER. There would not be any commissioned Mr. HALE. · Mr. President- officer inferior to the cadet. Mr. CHANDLER. I will now yield to the Senator from Maine. .Mr. FORAKER. He is the lowest officer in rank necessarily. Mr., HALE. I was going to say, to settle the question, that I Mr. CHANDLER. Certainly; there are twenty or thirty su have the last Naval Register, which shows that the two cfasses perior to him in rank. which have b~en referred to, who would by the House bill be put .Mr. President. now I should like to get on, because otherwise at once in the service, number 91. I will be forgetting the statement I was going to make. Mr. FORAKER. Yes; but the first of those will be commis· If the Senator from Ohio will honor me with hls attention, I sioned anyhow in June, I suppose. They will be entitled to com· will say that as to the classes at the Naval Academy, of course the missions if they graduated in 1 98. So there is not any Tery great number of those who are performing service at sea is smaller than addition. There is nothing like the three or four hundred which those at the Academy; that as vacancies take place they are filled; have been named. and when there are many casualties in a class, the first class will Mr. HALE. Not all at once. sometimes be very large and sometimes have as many as a hun Mr. FORAKER. No; nothing like so many as the remarks of dred members. I have known a first cla~ to have more than 100, the Senator from New Hampshire would lead us to believe. a.s them are sometimes more than ,100 at West Point, but the Mr. CHANDLER. I said there were probably 300 or 400 going classes gradually diminish. on with the six: years' course. . The simple statement that I tried to make some fifteen minutes Mr. FORAKER. I should. be very glad if the -Senator would ago was that here are about 300 cadets at the Naval Academy-I giYe the exact numbers. will put it at 300; the Senator from Ohio may find out exactly Mr. CHANDLER. Three or four hundred in all how many from the Senator from Louisiana lMr. UA.FFERY]; it is Mr. FORAKER. In the Academy. What I wanted to call immaterial to my argument-but here are about 300cadets nowat attention to was that this would not do anything more than to the Academy engaged in thefr six years' course, every one of whom commission~ two years in advance, less than 100 cadets. is to have his term cut short if this bill passP.s. Mr. CHANDLER. l\fy reply to that·fa twofold. It will not Moreover, Mr. President, when this bill passes, and these com only commission somewhat in advance the two classes, but it will missions are suddenly given to so many of these cadets, there will shorten the term of every one of the cadets who is fulfilling his be yacancies from the Congressional disti·icts two years sooner four years' course. than would otherwise be the case. -So for every one of these cadets, now anxious to get prematurely into the Navy by reason of this Mr. TURLEY. Will the Senator from New Hampshire yield alteration in the law requiring a six years' course, there isa mem to me for a question? ber of the Honse of Representatives waiting to appoint a suc ~ Mr. CHANDLER. Certainly. cessor and probably being importuned to appoint a succ~sor. Mr. TURLEY. I see that in 1893, according to the figures the Mr. LINDSAY. I will ask the Senator, with his permission, if Senator from Louisiana [Mr. CAFFERYl presented. there were 39 the amendment does not propose to do that identical thing? who passed the examination at the end of four years. Then, I Mr. CAFFE.RY. The same thing. understand, those 39 go on sea service for two years, and are ex Mt. LINDSAY. The identical thing which the Senator says amined at the erid of it, before there is any commiEsion given them? will come about if the amendment be not adopted? . Mr. CHANDLER. Yes, sir: and they might drop down to 35. Mr. CHANDLER. Yes; as to the Representatives in Congress. Mr. TURLEY. I want to ask what proportion of tho e students I will speak in a moment of the concession which the Senate com who passed the four years' examination failed to pass the second mittee have made jn their amendment, which, however, is not examination after the end of the two years' additional sea service? made, I will say to the Senator from Kentucky, as a concession to Mr. CHANDLER. Almost none. There may be casualties by the members of the other Home or as a concession to anyone death, or they may conclude that they do not want to remain 'in who desires to get into the Academy, but is made as a concession the Navy, but almost never does a cadet who passes the examina to the supposed needs of the naval service. tion at the end of four years fail to pass at the end of six years. That is the reason we make that concession. But, Mr. Presi Mr. TURLEY. I want to ask, then, Why is there any objection dent, the fact remains that, as to the legislation, as it came from to giving them their commissions at the end of four years? The the House of Representatives, we have 300 cadets pressing their argument is that it might fasten on the Government inefficient Senators and their Representatives to secure this legislation in officers; but if all who pass the examination at the end of four order that they may get final graduation at the Naval.Academy years, as the experience of the school mows, will also pass at the in advance of the time when they would graduate according to end of the additional two years, why, then, is there any objection existing law. I do not think we ought to be hurried by these im to granting them their commissions at the end of four years? portunities. I cast no imputation upon Senators or members of Mr. CHANDLER. That is a fair question, and I will stop the Hou~e of Representatives; but I do call attention to the fact what I was about to say and auswer it. How long you want the that t~t is the pressure that is behind this bill, a.nd there is some period for the probation of naval cadets is an important question. danger that both Representatives and Senators will be influenced It is a question of how long you want them under the stimulus by the desires of these men rather than by their convictions of which comes to the student who is uncertain whether he is going duty as to the real question at issue. to get his place in the Navy, or how soon you want to girn him Now, Mr. President, coming to that real question at issue, it is his commission which makes him a naval officer for life. The not a question of to-day or to-morrow, it is not a question as to theory which I adrncate, and the present theory of the statute, is any cadets who served in the Spanish war, but it jg a question that these cadets should be students; that they should be under whether we ought to have a four or a six years' probationary graduates; that they should be naval cadets,.seeking to get their course before these cadets enter the naval service. commfasions in the Navy after six years, instead of four years. The naval service js a high and honorable career; it is also a , If that is a sound theory, we are right; and if it is an unsound well-paid career; and when these cadets get their commissions as theory, we are "\\'.rong. · naval officers, as ensigns in the Navy, they are taken into the Now, I want to get back to the inquil'y made by the Senator service of this Government for life, and they can not be got rid of from Ohio. except by a court-martial. Does the Senator from Louisiana M.r. FORAKER. Inasmuch as the Senatorhasalreadybeenin know the pay of a retired rear-admiral in the Navy? 1\fr. Presi terrupted, I ask if he can tell ua bow many commissioned officers dent. it is $5,f>OO. These naval officers begin upon liberal pay there are on a first-~ass battle ship when its complement is full? the highest pay that is given by any government on earth. Mr. CHANDLER. I dv not know. The Senator can find a They go on by degrees upon a liberal pay table. When they 5276 CONGRESSIONAL RECORD-SENATE. MAY 8, ~- become 62 years of age they are retired; and if they are of the rank Mr. CAFFERY. Will the Senator from South Carolina permit of rear-admiral they receive $5,500 a year during their whole lives. me to ask him a question? . . . • _ Mr. FORAKER. Mr. President-- Mr. TILLMAN. I will answer with pleasure, if the Senator· Mr. CHANDLER. If the Senator wants to ask me a question I from New Hampshire, who bas the floor, will permit me. will listen to it; but if he wants to make an argument I shall have Mr. CAFFERY. Will the Senator from New Hampshire per· to decline to be interrupted at this point. mit me to ask the Senator from South Carolina a question? Mr. FORAKER. I want to ask a question of the Senator. I Mr. CHANDLER. I do not like to do so; but I will. want to ask the Senator if it is not true when they start on this Mr. CAFFERY. I want to know whether before a cadet can upward grade from one rank to another until they become admirals, gain entrance into the Naval Academy he is not required to be as most of them expect to become, they are not required to pass well up in all the rudimentary elements of education and to be examinations as thev go from rank to rank? pretty well versed in all practical matters? · Mr. CHANDLER: From step to step, Mr. President. There Mr. TILLMAN. I understand that the examination for en is the point. They have received their commissions; and the trance to the Academy at Annapolis is. pretty severe; but it does tendency of the boards that make the examinations is, of course, not follow because of the weeding-out process before the boy gets to grant promotions. An officer of the Navy must be very delin in that it is necessary or desirable that the continuation of his quent in some respects, or he will go on step by step until he training shall not go on to that point which will insure an abso reaches ihe .highest grade. Very few officers are examined out lutely competent naval officer. when they are examined for promotion. Mr. CHANDLER. Now, Mr. President, I will start again. I Mr. LINDSAY. I will ask the Senator, if he will permit me, say'that the proposition now is made by Senators that just at a whether if the Honse bill be adhered to we will retire any more time when we have united the Engineer Corps with the line, when i·ear-admirals than we will retire if the Senate amendment be we have abolished the·distinction between the two classes of offi-· adopted? _ cers, and required every cadet at the Naval Academy to study Mr. CHANDLER. I do not see the pertinency of that inquiry, steam engineering, so as to come out of the Academy and go into but I will say I suppose not. I was only showing the high privi· the service as a competent engineer officer in the Navy, capable' lege, the great honor, and the great emoluments that may come not only of running ships, but of designing ships as well-just at to these young boys when they get their commissions in the Navy; the time, \vithin a year, when we have done that thing it is prcr and the question for Senators is this: What shall be the proba posed to shorten the term of probation by two years. tionery term? How long shall these young men be students; and It seems to me, with all due deference to the views of Senators, when shall they cease to be students and become officers in the that it would be the height of folly to do that thing. I wonder ~~ - that the Senator from Ohio [Mr. FORAKER] does not get up a.gain Mr. President, the experience of the last twenty-five years has and ask me the question whether they could not do all these shown that the course should be six years. Undoubtedly in their things just as well if they were commissioned at the end of a four haste to fill up the Navy with new officers to officer the new ships years' term as they do now under the six years' co'Ql'se. Possibly_ that are being constructed, the Secretary of the Navy, the Assist they qould, and possibly they could not. The question jg one of ant Secretary of the Navy, and the naval officers will ask for instruction; the question is one of probation; the question is more cadets. You may expect, Mr. President, that the advice what we shall make these young men study and learn to do be from the Department and from the naval officers will be iri the fore they join the life aristocracy of the Navy. That is the ques direction of aggrandizement, in the direction of increase, of in tion. creased ships, increased armament, increased men, and increased Mr. President, having gone on for thirty years, when there expenses. They are glad to do these things; and they are on that were_two branches of study, when the cadets were divided and side; but the question of what shall be done in the interest of the we had for a time cadet engineers, and when we have rolled these nation is here with us to-day. two branches into one, it is now proposed to shorten the proba~ I now call attention to the fact which has been alluded to in tionary term and give these young men their commissions at the the debate as a matter which I think Senators ought to consider, end of four years, requiring them to pass their examinations at that while we have had a six years' course during the last thirty the end of foU!' years for final examinations for admission into years, and have been obliged-- · the Navy. I say that it would be a great public mistake and in· Mr. CAFFERY. Will theSenatorallowmeto ask him whether jury. It would be an injury to the Naval Academy and an injury the six years' course was not adopted because there were more to the Navy. If there is any one conviction I have about the officers than there were ships, and not because it wa-s thought to Navy-and I do not th.ink I am dogmatic or too insistent about· be absolutely necessary to the-service? any notion of mine in connection with the Navy-if there is any one idea I have as to the peril to the Navy, it is in connection Mr. CHANDLER. I think the six years' course was adopted with this proposition to shorten the course from six years to four· it is an impression merely-for the reason I am now stating to years, ·and allow these boys to realize that if they can manage to the Senate, because it was found that the six ·years' course was as get through their four years' course of studies at the Academy necessary to make a good naval officer as a four years' course was they can have their life commissions in the Navy. · necessarv to make a good Army officer. That is the reason why, They do not go to sea very much. The Senat-0r from Louisiana 1 think, ·the change was made; and we have been going on for [Mr. CAFFERY] says that they get Ma. service enough while they thirty years with a six years' course. are at the Academy. They do not. If they get all that they Mr. CAFFERY. Will the Senator permit me to ask him ought to get by going in May instead of in September, ·they get whether the four years' course has turned out inefficient naval three cruises, I think not of three months each, but perhaps of officers? six weeks each. They get three cruises, formerly in a sailing Mr.CHANDLER. Howcanianswerthat? Howcanisay!and ship, but now. I think, there is a steam vessel in which they go how can the Senator say, but what if there had been a six years' ont and take these cruises. But that is all the connection they course for forty years before that time we would not have had a have with the element upon which they are to perform their life better naval service because we had a six years' term of probation service for the Government. . than we had with a four years' term of probation? It can not be Again, Mr. President, Senators overlook the fact that the cadets stated with any absolute certainty that if we were to have a two go to Annapolis on an average two years younger than cadets go years' course and commission these boys at the end of two years to West Point. The.age for goingto WestPoint is from 17 to 22, we wonln not have as good naval officers as we have with a six and the age for admission to Annapolis is from 15 to 21. The years' course. In all human probability we would not have, but naval cadets are younger. Look at them when they are drawn it can not be stated with any certainty. I am not going to cast up in line and you can see the difference in age between the West asperations upon naval officers by suggesting that they are not as Point cadets and the naval cadets. - good as they might have been. Mr. HALE. They are admitted to the Naval Academy be· Mr. TILLMAN. Will the Senator allow me to make a sug tween 15 and 20. gestion? Mr. CHANDLER. Then the figures have been changed, be· Mr. CHANDLER. Certainly. ca.use we formerly allowed them to enter as old as 21. But the Mr. TILLMKN. It has been found, I believe, that it takes four difference between 15 to 20 and 17 to 22 is intended to recognize years to' educate a man simply to train hjs mind; and then, if he just this very difference that I speak of as to the subjects that are wants to enter a profession, he has to study for two or three years to be mastered by these cadets before they get their final admis· , in addition somewhere to make him a lawyer, or to make him a sion to the Navy. They are a younger set: and they are expected, physician, or to make hil!l anything that would amount to much and have been from time immemorial," to- un~ergo while in the in the world; and here is a profession which requires the very condition of pnpilage a longer and more varied experience than highest possible talent, and you want to put men into it and the cadets at West Point. start them out with such a lack of preparation as would endanger As has been said here in this debate by the junior Senator from the public property and the lives of the men who are on the ships. .Massachusetts f:Mr. LODGE], the old midshipman studied a long I really can not see any reason for it. - time upon his ship before he received ·his commission. In those ·. 1900. CO~GRESSIONAL RECORD-SENATE. 5277 days boys were put upon tbe ocean at 6 and 7 years of age, I Commissioned officers on duty at ea.ch navy-yard and naval station in the United think the greatest of our old admirals all went on shipboard un States during the month of March, etc. der 10 years of age. I know Admiral Porter did, and I presume I ;::l.i:l l'(j • • d~ J.<0 dal Farragut did. They all went at a very early age upon the ocean, o~ ~~~f ...... ;.., ..µM po! ;..,Cl>. .,rorc;j .B~ w·~ and there they learned about all they had to learn, and that was mo O' • c3 J. bills carry with them ~rovisions for the construction of 8 battle the new Navy and to command it after it was built, which any ships, of 6 first-class crmsers, of 6 second-class cruisers, of 4 coast young man if he goes on boru:d this complicated machine can not defense monitors, and if those ships are built, as we hope they get and will not; and it would be dangerous for us to risk it. will be within the next five or six years, we certainly ought to be Mr. LINDSAY. These distinguished officers- preparing in the meantime for officers to man them when we get Mr. CHANDLER. I wish to say a word to the Senator right them. . here. Every one of thorn distinguished officers, if the Senator Mr. LINDSAY. I agree to that. That is justexactlywhatthe will converse with him, will admit that he did not know as much House bill provides for, and the House bill is attacked because it about steam machinery as he would like to have known, and does do it, and an amendment is offered that does identically the ought to have known, if the conditions under which he obtained same thing. So that is not a legitimate argument. his naval education would have permitted it. Within the last Mr. TILLMAN. The Senator wants to get the officers before year we require every naval cadet to know vastly more about we get the ships. We want to get the ships and not the officers steam machinery than those distinguished officers did who com before we provide for them. Therefore we increase the number manded these ships so successfully. Why shorten the term of of cadets, so as to have the increase of the officers keep pace with probation under those circumstances? the increase of vessels. Mr. LINDSAY. If we keep them six years they will not know Mr. LINDSAY. We will not get officers before we get the so much about gunnery; they will not know so much about navi ships. We are short now five or six hundred officers on the ships gation as they ought to know. But the great thing with our we have, and if the House bill be passed the two clagses of 1898 naval officers is that they have grown with the necessities for and 1899 will be commissioned at once, and the two together will their growth. They have shown themselves equal to the mastery not make a hundred officers, or one-sixth of the number we neBd of science as science developed itself. Now, why will not the for actual service now. young fellows who are leaving Annapolis pursue the same course Now, one of those classes will be commissioned this year any and achieve the same greatness and accomplish the same ends that way, so that the only change that will be made will be that the these men who left Annapolis thirty years or forty years agd accom graduating class for this year will be commissioned as officers in plished'! Of course, to take a cadet and commission him as a mid stead of being required to serve out the two years. So all these shipman and put him in command of the Oregon would be a. piece arguments cut their own throats. There is not one of them that of preposterous folly, but he will not be given the command of is legitimate. There is not one of them that touches the real the Oregon or the Kearsarge or any other of our great battle ships. question at issue. He will be a.ssigned to the command of a gun. He will be put in The Senator from New Hampshire stated the realquestion,and charge of a boat. He will commence at the bottom, and he will that is whether or not the good of the service requires a six years' be under the tutelage of twenty or thirty superior officers, all of course instead of a four years' course. If I believed that the good whom have the advantage of education and experience. of the service required a six years' course, I would agree with the ~fr. FORAKER. If the Senator will allow me there, I will say Senator from New Hampshire; but experience does not teach that that the statistics I have show that the number of officers who a six years' course is at all essential to the qualification of the offi would be over him on the Oregon is 32. cers turned out from the Naval Academy. It is true that when Mr. LINDSAY. Thirty-two superior officers to the midship the .4.cademy was first established they had wooden ships. man, and he will perform identically the same duty he would per It is true that some years after the close of the civil war, which form if you called him a cadet. was practically fought out with wooden ships, we adopted the six The Senator from New Hampshire says that if this proposition years' instead of the four years' course. The steel ships, the mod applied only to thE\ young men who served in the Spanish war he ern gunnery, the electrical appliances, all of which a.re now in would not object to it. Last year the Senate amended the bill so use, have rendered the service far more complicated than it once that it did apply to the young men who actually served in the• was. But who took command of our ships when these improve Spanish war, and when the Naval Committee got the bill into ments were perfected as far as they have been perfected? Who conference it struck it out. commanded them in the Pacific or in the Gulf of Mexico? Who Mr ..CHANDLER. Will the Senator allow me a word here? demonstrated the fact that a steel ship with modern gunnery is a Mr. LTNDSA Y. Certainly. practical engine in naval warfare? Every one of the command Mr. CHANDLER. I didnot saythatlwould not object to this mg officers was a man who gradnated at the end of four years at proposition if it affected only the officers of the war. I said I the Naval Academy. Not one of them took the two years that is had sympathy for those officers, and I had a year ago. I was not now regarded as indisnensable to the education of a naval officer. willing and am not now willing to reduce the course from six Mr. FORAKER. They never knew anything but wooden years to four years through all time merely to help a few naval ships. cadets. Mr. LINDSAY. Many of them have never known anything Mr. LINDSAY. I understood that, but I did understand the but wooden ships. The idea that an officer's career as a student Senator to say, fm·ther, that if it included none other he would ceases when he leaves the Academy is a mistake. The naval not object to it. officer is a student every day of his life, so long as he is in the Mr. CHANDLER~ No; I said a special provision for some of service, and when the young man leaves the Academy and goes these young men I would not object to. aboard the ship, whether he carries with him a commission or not, Mr. LINDSAY. But you did object last year to that identical whether we call him a midshipman or a cadet, he is still a student, special provision, and it was taken out of the bill in conference and he remains a student so long as he remains in the service. after the Senate had put it in on the floor. - Would Nelson have made 11 greater admiral if when he became So experience teaches, if success is the test of merit of any a midshipman at 13 he had gone aboard the ship as a cadet and com·se, that four years is enough, and if the young men will re served two or three or five yeal's before he got his commission? main students they will be taught as much and will become as The question is what would Nelson do when he went aboard ship? efficient if they are commissioned at the end of four years as if He went aboard a student, and he was as much a student as a commissioned at the end of six. commissioned officer as if he had been a cadet as we call it. · We are struck with rather an anomalous presentation of the The Senator says he can not undertake to say that our officers influence that ought not to be exerted on the Senate of the United who have made our Navy famous would have been better officers States by the Department of Naval Affairs. We are told it does if they had served six years; that he can not undertake to say that not make any difference what the Secretal.'y of the Navy or the thm:e who have made our Navy famous are worse officers than Assistant Secretary or Admiral Crowninshield or any other officer they would have been if they had served the six years instead of connected with the Navy Department may recomI11end, we ought having been commissioned as midshipmen at the end of four. So. to reject it. Of course, Congress ought not to be controlled in its this is a question that can not be settled except by one test, and action by the dictates of any Department of the Government; but that is the test of experience. Now let us see who commanded we are not all seamen here, as is the Naval Committee. We have during the last war. Who demonstrated the fact that steel ships not all served our six years at the Naval Academy or somewhere could be used in naval warfare? Dewey and Watson and Sampson else that makes us superior in our knowledge of naval affairs to and Schley and Gridley and Clark, in fact, every man who was old those graduated at the Naval Academy. So when we come to enough to act as captain of one of our men-of-war bad graduated take advice, when we come to hear reasons, when we want to get at the end of four years and went to sea with his commission in the facts, we naturally turn our attention to the naval officers, we his pocket. naturally turn our attention to the. Navy Department, we natu Mr. TILLMAN. Will the Senator allow me to make a state- rally listen to the advice of .such a man as Admiral Crowninshield ment there? and those charged with the duty of administering the affail's of Mr. LINDSAY. Certainly. the Navy in order for the enlightenment of our own judgment. Mr. TlLLl'tIAN. Those men, when they graduated and went The House is convinced, the Navy Department is convinced, to sea, went on simple ships as compared with the present ships, every superior officer of the Navy from whom we have heard is and if they continued at school, as I dare' say they did, they had convinced that this last two years ought not to be added to the the opportunity to study and evolve out of their studies a knowl-. term of probation. Yet the Naval Committee insist that we shall edge as well as an experience which enabled them to construct reject everybody's opinion, we shall turn our back on everybody's 1900. CONGRESSIONAL RECORD~ENATE: 5279 advice, we shall close our eyes to the lessons of experience, and ''course for cadet midshipmen shall be four years." I hav-e here that we shall accept iheir views as superior to the views of all the Naval Register-, which nnder this classification says: other people combined. N~va.l cadets who· have passed the requisite ac.ademio comse or a.re now Mr. STEWART. Mr. President, I have not been convinced by performing two yea.rs' service at sea or pursuing special studies prior to final this de bate that we ought to cliange the system that has produced graduation. such remarkably good results in the Navy as shown during the That iB in the charge and control of the faculty. Any student last two or three vears. Nor am I convinced that the ardor of who can not quite graduate at the end of four years and get his the young man would be dampened or th.at he would be discour commission through any of these two yeal'S may be put upon spe aged after he had been successful at Annapolis if he should get cial instruction, so that at the end of six years he may be able to his racognition in the regular way, as they have been in the habit graduate. It is all for t:!ie purpose not only of giving additional • of getting it before. time for sea service but for anything else in which the cadet is There can be no possible doubt but that he will be astudentfor deficient. many years, if he ever expects to be successful. His success de Now, as showing the impo1·tance of sea sei:vice, in the same stat pends upon the proper administration of the service, and I believe ute which provided, as I have read, for the academiccotm1e of the we have a pretty good administration in the Navy Department, be line officers there is this prov:iBion as to engineers, at that time a cause results are the best proof. He can not be advanced except minor corps with smaller studieB needed: on examination-each time slowly. He can not reach the top of The course for cadet engineers shall be four years, in.cludingtwoyears of the ladder unless he continues to be an effective, honest stu service on naval steamfil's. dent. That is the rule. I have no doubt that the olderofficersin Wben that was. enacted thirty years ago for the engineers- the administration can take care of the boys until they get them Mr. FORAKER.. Will the Senator from Maine give me the educated up so that we can give them anotheT advance. They date of that act? have been doing it and have been remarkably successful, and I Mr. HALE. Th&tis intheRevisedStatutes, section 1524. The am one of those who are willing to let well enough alone when I engineers being a minor grader having nothing to command what see it progressing in that way. eveT, having nothing to do with responsibility attached, it was Bes~des, I think it would be well in these matters to have the declared that even they should not receive any commission until reorganization of both the Army and the Navy in separate bills, so they had given two years of sea service. that they can be discussed and considered, and while we do not Mr. President, an examination of all the statutes and of e\'"ery pay absolute attention to the advice of the Department, I always thlng goes to show the importance of the length of this course. like to have their views upon a question immediately within their There is another thing that has been referred to by the Senator juTisdiction and which they are administering daily. I like to from New Hampshire [Mr. CHANDLER} which is important, be-' have experience and views. I think in reorganizing and making cause Senators have been wont to ask in thi.s debate, "Why should radical changes in theArm.yor the Navy it ought to be done upon there not be four years for the Navy as well as the Army?" The separate bills, and we ought tohavereportsfrom the Departments Senator from New Hampshire has explained that well. TheSel'v upon the proposed changes. ice is not the same. There is no particular element that a cadet . I have not heard it suggested that bad results have heretofore at West Point has got to study and practice in and indurate him occurred. We are handling this new machinery now. Our officers self upon. There is no particular strncture that he is called upon have not found any difficulty. I believe we have the best naval to know, root and branch. A naval graduate· is called upon to officers in the world. Their education at Annapolis qualifies them know every ship from a battle, ship to a cruiser, protected 01· for the new duties that are devolving upon them, and they are the armored, down to the 19wer class of ships. A West Point cadet best equipped in the world, I have no doubt. That being the caBe, comes out of the course on land. He goes to land service. He and there- being no recommendation from the Department. I shall goes to just the service that he has been trained in. If it was a vote against the change. special servicer be would be obliged to have an additional two Mr. HALE. Mr. President, I am very desirous of seeing the years~ bill finished to-night, if possible, and so I shall take very little Be.sides, Mr. President, when the naval cadet graduates at the time in discussing this proposition. end of his six years he is only just as old as the West Point cadet The committee could have had nothing whatever in view ex is when he graduates from that institution. They enter at ten cept the good of the Navy. The committee has no object as a der years. That is one of the things that has been granted to the committee. Its business, as an organ of the Senate, is ta propose Naval Academy. They are boys 15 years old when they enter, legislation that is beneficent for the service. This committee is and from that to 20 01· 21~ They are not like West Point cadets, importuned as othe:rs are importuned. I have been urged in this who start at 17. Everybody knows how it is. The tender, un case, and every other Senator has, by bright young fellows and practiced youth at 15 becomes hardened by 17,·and you have got their friends, who say they want commissions at the end of four a man when he graduates from West Point, just as you have a years, and that it is hard that they should not have them. man at the end of six years when the cadet graduates from An I do not blame them. I do not blame them for wanting that napolis. Senators ma.st bear this in mindr important documentary paper from the Government which estab Now, Mr. President the committee, in considering this amend lishes them for life as officers of the Navy. I would have been ment, connected it by its very terms with another important mat inclined, in the spirit of kindliness and of yielding to friends, ter. .It found that under this provision two whole classes, num which is always pleasant to do, to give them this, and the com bering 91, were to be dumped at once into the service of the mittee would have been so inclined, because it is not outside of United States, and other legislation that is proposed would fill up what is called the sphere of influence by any means. The com- in making it 150 o-r 200. But here al'e 91 all at once to be dumped . mittee would have been inclined to have given t.hese cadets that; into the se.r-vice. but looking over the record of the past and at the present condi We had a little education on that point. Every one of us who tion and the prospect for the future, the committee was unani considered the personnel bill found that the leading argument in mous against this proposition. favor of it was that by the dumping of one hundred and odd Mr. GALLINGER. Will theSenatorpermitmeaqnestion? I officers into the Navy after the civil war there had always lain am not versed in naval matters at all~ and I am one of the Sena right athwart the mark of promotion of every officer in the tors who has not been importuned. No boyin the Naval Academy Navy what they called a hump.. It kept everybody back. Instead and no one outside has asked me to vote for or against this propo of its being an impetus, BB everything ought to be in the service, it sition. I wish to ask the Senator if this proposition is a departure was a deterrent; it kept men down; it kept them f.rom advan from the former rule? In other words, were these boys at some cing. A great part of the purpose of the naval personnel bill was former time commissioned at the end of the four years' term? to provide for retiring officers above that hump, so that what bad Mr. HALE. Undoubtedly; and when the new scheme for com been stationary should begin to fl.ow and advance and give an plicated ships crone in-- opportunity for promotion below. That was the great purpose Mr. TILL.MAN. It was thirty years ago that the change took urged more than anything else; and now, in one year, at the im place. portunities of cadets and their friends, the Senate is asked to l\lr. HALE. And when the studies were made complex. more make another hump. advanced, and the duties much more important, then it was I do not forget. I have been through the mill. I learned what deemed proper and wise to establish a six years' course. the hump was. I tell you, Mr. PreEiident, that the Senators who Now, Mr. President, a great deal has been said to the effect that are seeking to carry this amendment are seeking to put again the additional two years is nothing but a sea course. It is ma.inly another hump into the Navy, and in two years' time, or three a sen: course. years, or five years, we will be called upon to legislate to cure it. M.r. GALLINGER.. They had a four years' course before. Now, what has the committee done? It realized that there is Mr. HALE. They had a four years' course, but then it was de some need of officers. I do not deny it; but it is no such need as cided to have a six years' course, owing to the more complex duties has been claimed. There is no need for. half the officers of the and studies~ Navy to be on shore. Somebody has asked-I think the Senator There is no provision in the law that these last two yeara shall from Kentucky [Mr. LTh.'"DSAYl-if we can not do by legislation be nothing but a sea course. The language is that the academic anything to hinder that, if it :6.as got to go on as it has. It has 5280 CONGRESSIONAL RECORD-SENATE. MAYS, not, sir. No Department will fail to take monition from a discus but give them a commission, trusting to them afterwards that sion in Congress about the grievance that exists in the Depart- they will get the knowledge after they have got their commission ment. · that we say they should get before they have their commission." If we were simply dumb and still, and could not influence the I leave it, Mr. President, to the .Senate. The Senate ought to Departments on purely administrative matters by discussion and see that this is a most important question. This life of the corps pointing out errors and faults, half of our usefulness would cease. of cadets, the instruction that they should have, the Government It is the business of the Senate to call the attention of the Depart bestows upon them, paying their bills all the time, giving them a. ments-and it is calling theattention of the Navy Department to salary, asking nothing from them; and nowsomeof them revolt- day to the grievance of too many men being on shore-although I am glad to say that most of them do not-and ask that we shall we do not legislate, because that is administration. We can not give them only four years. I am willing to leave it to Senators. say where an officer shall be placed, how many shall go to one Mr. FORAKER obtained the floor. place and how many to another, but we can serve notice on the MESSA.GE FROM THE HOUSE. Department, as we are doing, that they must conform to good sense and good administration or they will lose the confidence of A message from the House of Representatives, by Mr. W. J. the Senate. There, I tell the Senator from Kentucky, is a mis BROWNING, its Chier Clerk, announced that the House had passed, sion of the Senate, which he seems to have disregarded, for he has with amendments, the bill (S. 1477) in amendment of Eections 2 limited our usefulness entirely to legislation. and 3 of an act entitled "An act granting pensions to soldiers and Mr. LINDSAY. Mr. President, the point I make is that we are sailors who are incapacitated for the performance of manual labor, not serving notice on them. Speeches made on the floor of the and providing for pensions to widows, minor children, and de Senate are not an action by the Senate which serves notice on pendent parents," approved June 27, 1890; in which it requested anybody. the concurrence of the Senate. Mr. HALE. In certain things, I repeat, we can not interfere The message also announced that the House had passed the fol with administration; we can not say where the officers shall go, lowing bills; in which it requested the concurrence of the Senate: but if we find too many of them in one place, we can make it so A bill (H. R. 4718) to regulate the collection and disbursement hot that in a little time we will not find them in that place. That of moneys arising from leases made by the Seneca Nation of New is our business to-day. York Indians. and for other purposes; Now, what has the Senate committee done? Finding that there A bill (H. R. 9083) to authorize the Commissioner of the Gen was some need of an increase of officers, and yet desiring to avoid eral Land Office to dispose of Choctaw orphan Indian lands in this barrier, this hump, we have not provided that the course Mississippi and to make appropriation for executing act of Con · shall be shortened, because upon that we stick and adhere. gress approved June 28, 181.18; Therein, if we know anything, we know we are right. · "\Ve pro A bill (H. R. 9510) to amend section 1 of the act of Congress vide that at the end of the four years' academic course another approved February 12, 1887, entitled "An act to amend section cadet may be appointed from the district, and that he shall go on 1661 of the Revised Statutes, making an annual appropriation to with his six years' coUl'se, the result being that gradually a third provide arms and equipments for the militia; is added to the cadet corps; in other words, that every district in A bill (H. R. 9635) to establish light-house and fog signal in twelve years gets three cadets instead of two. It all works in State of Washington; perfect harmony; graduates come in in regular course; only, as A bill (H. R. 10780) to proYide for sittings of the circuit and one Senator said to me, you have got everything filled up at the district courts of the southern district of Florida in the city of Academy, while the two years' course i's going on at sea. Ocala, in said district; and A bill (H. R. 10066) permitting the building of a dam across I was not the author of this provision, Mr. President. If I had the St. Joseph River, near the village of Berrien Springs, BeITien been I could not speak of it in the terms that I do as being as fine County, Mich. a piece of legislation, as fine a device (if you can call it a device in the best sense of the word) for recovering and avoiding the - ENROLLED BILLS SIGNED, effect of whatever lack there may be in the Navy of officers. It is The message further announced that the Speaker of the House the best piece of legislation that I have seen in many a year. had signed the following enrolled bills; and they were thereupon Mr. LINDSAY. I will ask the Senator if it will not bring about signed by the President pro tempore: the identical hump A bill (H. R. 10279) to provide for sittings of the circuit and dis· Mr. HALE. No, indeed. trict courts of South Carolina in the city of Florence, S. C.; and Mr. LINDSAY. Postponing it only a couple of years? A bill (H. R. 10696) relating to the Twelfth and subsequent Mr. HALE. It not only postpones it a couple of years, but there censuses and giving the Director thereof additional power and is not a single man under this provision who can graduate under authority in certain cases, and for other purposes. six years. But it goes on after that, and, as I have said, every dis trict in twelve years will have three cadets instead of two cadets; AME....~D:MENT OF DEPENDENT PENSION ACT, and without any obstructfon in the stream, without anything that Mr. GALLINGER. Will the Senator from Ohio [Mr. FORA disturbs the current, we have got just what is desirable, and that KER] kindly allow me to ask that a bill from the House with cer· is the increase gradual and sure that keeps the Navy full. tain amendments be laid before the Senate? If there is any debate Now Senators, it may be, will not see that, Mr. President. We on it, I will not ask that it be considered. I think there will be saw it and welcomed the suggestion. Of course nothing more no debate whatever. can be done by the committee. You may undertake in the com Mr. FORAKER. I yield to the Senator from New Hampshire mittee to do anything that runs across individuals, and you have for that purpose. a contest on hand. Yon undertake to do anything that is opposed The PRESIDENT pro tempore laid before the Senate the amend to the men who meet you on the street and call on you at your ment of the House of Representatives to the bill (S. 1477) entitled house and come to your committee room, and you tell them they "An act in amendment of sections 2 and 3 of an act entitled 'An are wrong and the committee is right, they do not believe it; they act granting pensions to soldiers and sailors who are incapacitated follow it up. for the performance of manual labor, and providing for pensions There has been for years, especially in the last few months, and to widows, minor children, and dependent parents,' approved June is now, an agitation for every form of a land navy. Cadets, 27. 1890." marines, apprentices must be taken from the sea and put on shore The amendments were, on page 3, line 10, to strike out "having and have buildings and schoolhouses and chapels and barracks resources from which;=> on page 3, line 10, after "an," to insert erected for them; we must have a land navy; and now at last it " actual net;" and on page 3, line 11, to strike out "is derived or has come to what is at the bottom of our naval service, the bright derivable." . corps of young cadets who are being educated at Annapolis, and Mr. GALLINGER. Mr. President, this is the so-called Grand th~re we are told that we must have a land lot of cadets, a grad Army bill. I took occasion when it was under discussion to uated corps, whose service has been only on land. make some verbal changes which I thought bettered the bill, Why, Mr. President, the summer cruise is nothing but recrea but the House of Representatives in its wisdom has differed from tion. That is not looked upon as sea service. It is right along the Senate in that regard, and has restored the exact language the coast. They stop at Bar Harbor and at Newport and one or that was in the bill when it was first considered. I now desire to two other watering places; but it is only recreation. There is move that the Senate agree to the amendments made by the House nothing of hardihood and responsibility and the old-fashioned of Representatives. animation that ought to characterize a naval officer that is given Mr. COCKRELL. What is the effect of the amendments? to him by this cruise of two or three months. Before he is fit to Mr. GALLINGER. Simply the phraseology that I employed be a naval officer with the knowledge of a ship, with the knowl was that the income of the widow, which is $250 under this bill, edge of all its components and intricate parts, he has got to have should consist of property that produced an income or that might the two years service as a student prior to the time when he gets produce an income; that it was derived or derivable; that is to his commission. say, that she might have unimproved property or property that But Senators say, "No; let us have a land navy; let us have a did not produce an income, such as timber land or something of land lot of ca whether an income to that extent might not be derived, if it were necessities of our Navy for officers were not such aa to utilize all sold, for instance. But the amendments made by the House per the cadets as rapidly as they were being educated at the Acad mit a mdow to have a net income of 8250 and yet be pensionable emy. We had at that time a surplus of officers. But now it is under the act of June 27, 1890. That is substantially the only just the reverse. We have more ships now than we have officers. change. I only want, in a word, to indicate the points that I wish to make Mr. COCKRELL. A net income? answer to, and I will not stop to elaborate them. Mr. GALLINGER. A net income. Now, the Senator from South Carolina [Mr. TILLMAN] made Mr. NELSON. Will the Senator from New Hampshire allow an argument that I confess had very great force with me until I me a question? came to analyze it; and that was that these young men were not Mr. GALLINGER. Certainly. capable of being put in charge of the very expensive battle ships Mr. NELSON. Does this affect past cases that have been al- at the time of their graduation, and it was necessary that they lowed and rejeded? should have a two years' cruise at sea in order to familiarize them Mr. GALLINGER. They will have to apply for pension. with their duties before they assumed such responsibilities. The Mr. NELSON. But they can come in for a pension. first answer to that is that they do have a whole year at sea dur Mr. GALLINGER. Yes; all of them. ing their course of instruction. They have not a cruise of six The PRESIDENT pro tempore. Will _the Senate agree to the weeks, as the Senator from New Hampshire said, but a cruise of amendment3 of the Rouse? three months in each year on practice ships, where the discipline Mr. COCKRELL. One minute. Does the word "net" that is is rigid and the instruction is continued, so that in some measure used there mean after meeting all family expenses and everything qualifies them. of the kind? But the answer I give to the Senator from South Carolina is that Mr. GALLINGER. Net. no cadet tieing thus sent out from the Academy with a commis· Mr. COCKRELL. Two hundred and fifty dollars income? sion in his pocket would be likely to be put in charge of any Mr. GALLINGER. Net out of the estate. battle ehip. He told us how he would come in command of a Mr. ALLISON. After paying taxes~ ~,000,000 battle ship with its complicated machinery and its Mr. GALLINGER. Afterpayingallnecessaryexpenses, taxes, electrical appliances and all that sort of thing. and repairs. Mr. TILLMAN. Mr. President, will the Senator permit me M.r. COCKRELL. Taxes on the property? right there? Mr. GALLINGER. Unquestionably so. Mr. FORAKER. Certainly. Mr. COCKRELL. Not including any of the expenses of the Mr. TILLMAN. I would suggest before he leaves the point family? of this three months' cruise-- Mr. SPOONER. It means the net income upon which to live? Mr. FORAKER. I am not going to leave it. Mr. GALLINGER. Yes. Mr. TILLMAN. I suggest that the Senator should not omit The PRESIDENT pro tempore. The question is on the motion from the duties of these officers the va1ious dances at which they of the Senator from New Hampshire that the Senate agree to the exercise themselves to the delight of the young ladies along the amendments of the House of Representatives. coast at the different cities at which they stop. Further, when I The motion was agreed to. spoke about the cadets being given commissions and put on battle ships and thereby risking the ship, I knew they would never be NA.VAL APPROPRIATION BILL. put in command of a ship, but I knew that if the commissions The Senate, as in Committee of the Whole, resumed the consid· were given and these boys were required to perform their tour of eration of the bill (H. R. 10450) making appropriations for the duty there would ba times when the other officers would be asleep naval service for the fiscal year ending June 30, 1901, and for and one of these fellows would be on the deck, or would be given other purposes. some rnsponsible position where he would be ignorant of what he Mr. FORAKER. Mr. President, I do not like to detain the ought to do, and if an emergency arose the thing might go to Senate, and will do so but a very few minutes. However, I wish Davy Jones's locker before he could get some man to get up and to make some remarks before this vote is taken in answer to that tell him what ought to be done. which has been said in favor of the pending amendment. Mr. FORAKER. All the Senator from South Carolina savs is I wish to speak, in the first place, of that concerning which so puraly imaginary, because so far as conditions are concei·ned much has been said on the other side, namely, that this whole under which such an officer would come iu charge of the ship it objection is due to the importunities of somebody or because of seems to me highly improbable that any such thing could occur. personal interest in some cadet or personal regard for somebody. I think every Senator here will agree with me when I call atten Mr. President, nothing of that kind is the case with me. I am not tion to the number of officers who would be on the same ship, interested in anybody at the Naval Academy. I never have been. and every one of them superior to him in rank. Take the Brook I do not know that I ever will be. Nobody bas importuned me. lyn, for instance. The number of officers on the Brooklyn who It is a matter to which my attention has been called, as the atten· would be superior to him in rank is 46 commissioned officers. tion of others perhaps has been called, in order that we might What probability is there that the one man just out of the discharge a duty with respect to it according to our judgment. Academy at Annapolis, because he happened to have a commis· Having had my attention called to it first in the debate that oc sion in his pocket, would come in command of that ship and put curred in this Chamber last year when we enacted the personnel all that valuable property in jeopardy? bill~ I have followed it up, and I speak here to-day against this Mr. TILLMAN. Will the Senator from Ohio permit me? The amendment from a sense of duty. It is not a sense of duty to any Senator can not refuse that request. individual, but a sense of public duty. I believe, Mr. President, Mr. FORAKER. Certainly not. that it is only an act of justice to these young men to give them Mr. TILLMAN. The modern battle ship is so large and so com their commissions at the end of their four years' course in the plicated and has so much machinery about it that it may be irrep Academy, but I believe also that the result will be the betterment arably damaged in -various parts of it by an officer at one end, of the American Navy if that be done. while the commanding officer might be at the other end. There Now, having said that much as to why I take this interest, I are over 150 engines on one of these big ships, to say nothing want to answer some objections that have been made on the other about the electrical apparatus and the various complicated ma side to the House proposition. In the first place, we were told by chines they have for handling the guns, for bringing up the shot the Senator from Massachusetts [Mr. LODGE] this morning that from below, and everything else which goes to make them the the old days of the Navy could be pointed to to show that it was most complicated machines in the world. the custom then to send young men to sea mthout any commjs Mr. FORAKER. I appreciate all the Senator from South Caro sions, merely as midshipmen. Mr. President, the Senator from lina says; but, notwithstanding that, I want to put these figures :Massachusetts omitted to tell us that at that time there was no in the RECORD: Qn the Chicago there are 33 officers; on a small Academy and no course of instruction such as these young men cruiser like the Gonc01·d there are 13 officers; on the Detroit there are subjected to and given the advantage and privilege of. They are 20 officers; on the Monadnock there are 26 officers; on the Iowa could not get training and instruction except at sea. there are 36 officers; on the Indiana there are 32 officers; on the Now, Mr. President, we have been told that the change in the Marblehead there are 20 officers; on the Te,xas there are 30 officers; Jaw providing a six years' instead -of a four years' course was due on the Oregon there a.re 32 officers; on the New York there are 40 to the requirements of our modem ships. A glance at the statute officers, and so it goes, On every important ship there would be shows that the change in the law was made in 1873, and that was this large number of officers supelior in rank from whom the before the modern ship had made any change necessary in the naval cadet would have to take his orders, and under whose super course of instruction at the Ac~emy. vision he would constantly be. It needs no argument, only a mere suggestion, to point that out, But, Mr. President, aside from that fact, it is stated he1'0, and to show that the statement made this morning is co1Tect, which not denied-and nobody can deny it-that the officers now on I understand has always been accepted here as the true one, that these ships as cadets without any commission are assuming the the change was made in the law in 1873 because at that time the positions and discharging the duties and responsibilities of junior XXXIII-331 5282 CONGRESSIONAL RECORD-_ SENATE. MAYS, comwjss'.oned officers, simply because the number of. officers on Academy and enters the Navy goes with an ambition to be a good our ehips js so deficient that it is necessary that they should fill officer; and if he has that ambition, he will do all in his power by these positions. study and by application to make himself competent in the dis- Mr. TILLMAN. And yet there are some 600 officers here at charge of the duties that rest upon him. . home. Why not send them out? I believe that this amendment ought to be defeated. I be1ievo Mr. FORAKER. If that be so, then why have not the Com that a four years' course is enough, and I join with the Senator mittee on Naval Affairs brought in a bill requiring those officers from l\faine in saying that I will submit the matter to the Senate. to go to sea? • Mr. CHANDLER. The point upon which the Senate is about Mr. TILLMAN. Why does not the Senator offer an amendment to vote in connection wit.h the enlargement of the Navy is a very here for that purpose, instead of criticising us? Why does he not simple one. Thirty years ago, influenced by precisely such elo suggest some place in this bill wher~ it wo~ld be appropriate to quence as that which the Senator from Ohio [Mr. FORAKER] has say to the Secretary of the Na"'\'.y, ""'You are mcompetent; you are just indulged in, Congress provided for taking into the naval not discharging your duties, and therefore we will take you by :service large numbers of officers who had served in the volunteer the throat and order you to send these m~n to sea7" navy, and took in perhaps 150 or 200 officers all at one time. In Mr. FORAKER. The reason I do not offer such an amend a few years the hump began to develop; promotions were slow. ment is that I do not believe in any such thing. It is the Sena As the years went on men grew gray and were retired at 62 years tor from South Carolina who makes that statement. I do not of age as lieutenants, because they could get no higher on account know what the facts are, but I am satisfied in my own mind that of the hump that had been created by taking in volunteer officers no officer of the Navy is on duty on sh<;>re who ~s not there leg~ly at the c1ose of the civil war. and properly by due assignment and m. the discharge of duties Last year, for the first time, Congress dealt with that hump, and which it is necessary for such officer to discha~ge. I do not make we provided for promotions here and promotions there and re any criticism of the officers of the Navy. I thmk they are among tirements here and retirements there, until we destroyed the effect the most capable and most faithful of all the representatives of of that hump, and at last created vacancies in the lowest grades our Government. They have certainly demonstrated that fact, if of the Navy, amounting to about 150 or 200. By getting rid of anything has been demomtrated, by the s~ill and the splendid the old hump these vacanc]e3 now exist; and we are sq_ught to be success with which they served the country m the recent war. persuaded by the eloquence of Senators upon the other side in con Mr. TILLMAN. I hope the Senator will not undertake to put nection with the Spanish war to immediately create another hump. me in the attitude of criticising the naval officers, b~cause I bear If this bill becomes a law as the House of Representatives have willing testimony to their efficiency and to their bemg the most sent it to us, it will make commissioned officei;s within six months reliable people I llave met in Washine:ton. of from 150 to 200 young men newly graduated. They will get Mr. FORAKER. I suppose the Senator did not intend to criti commissions from nearly the same "date and it will take two classes cise the Secretary of the NaVJ\ ~it.her. amounting to 90, the number which the Senator from Maine [Mr. Mr. TILLMAN. When I criticise the Navy Department I have HALE] has given; it will take another class probably of 50 or 60; the right to do so, because that is a civil bureau governed by and we shall have created another hump to vex our successors civilians. . here ten or fifteen or twenty years from now. Mr. FORAKER. I do not share in the Senator's criticism of SeeinO' this condition of affairs, the Naval Committee have the Navy Department either. I believe the Secretary of the Navy adopted a pfan for gradually filling up these vacancies. as every is one of the most capable and most faithful men who bas.ever held change in the number of officers, either in the Army or the Navy, that office. I have no question-:-! have never ha.a occasion toe~ ought to be made-it ought to be made by degrees-and then amine it-but I have no question but what his Department is there will be no hump. The committee has adopted this amend splendidly organized and splendidly. conducted through~t;It: If I ment unanimously, and it has done it in the interest of the Navy were a member of the Naval Committee I would_not cnt1cise the and of the public service. I think the committee under those cir Department without being able to specify an~ to. d~rect i;nY c~iti cumstances is entitled to be sustained by the vote of the Senate. cism to some individual, and if I bad not an mdiv1dual m mrnd, Mr. LODGE. Before the Senator from New Hampshire sits and if I could not do that, I would not say anything in the way down I should like to ask him as to one point. I ask if it is not of criticism at all. true that Congress at_the close of the civil war, in addition to put Mr. TILLMAN. Will the Senator allow me to say that I will ting the vo:unte~r officers into the Navy •. did. not also shorten the second bis motion, or rather, I will add to his commendation my course in. certamly, one class, and I thmk m two, from four to own commendation of John D. Long as b~ing a thoroughly con three years, so as to let the two classes suddenly through, a:nd it scientious and reliable man,. who tries to do his duty; but he is is just at the point where those classes came that the hump arose? tied up by his bureau chiefs b.elow him. There is m Mr. FORAKER. Mr. President- sight of the fact that quite a number of them have been killed, Mr. CHANDLER. The Senator will allow me a wordfurther? wounded, and put out of the service by that which has happened ~fr. FORAKER. Certainly. to them while in the service. Mr. CHANDLER. 'l'he Senator has no right to draw any such They will not be heJ.·e to return to take their final examinations inference. Nobody respects the sovereignty of the individual and accept their commissions; but if the whole number were here more than I do; and I welcome the Senator into this field of de they would be commissioned any how in June. You can not conn t bate. Far be it from me to criticise a Senator for opposing a com that as anything very serious. Then take the class of 1899. They mittee· but when the Senator from Ohio brought all his eloquence will be entitled to commissions in June of next year, in 1901. to bea~ in favor of this new hump, I thought it my duty to warn They have already had a full year of service at sea and in contend the Senate against it, and to app~al to t~e Senat.e to stand by the ing against the enemy. committee; but I have not t~e slightest imputation to make upon Anumber of that class have been kiliedandwoundedorhavesnf the Senator for making his argument just as forcibly as he can. I fered hardships which will stand iµ thewayof theirreturn to take only say that he ought not to say that I made an appeal to the their final examinations. So that if this amendment should be Senate to stand by the committee whether the.committee i~ right rejected and the proposition of the House should stand, yon would or wrong, because I did not say any such thing, and I did not not be commissioning them all in a lump so as to make a hump mean any such thing. out of some 200 additional new officers without experience, but Mr. FORAKER. Perhaps the Senator did not mean any such you would be commissioning 47 or 48 of the class of 18!l8, who are thing; but, as I said a moment ago, if he did not ~ay any such already veterans in the service, and about 50 of the class of 1899, thinoo in express language, he did say what I stated m effect, for who have been out a year at sea, and who would be commiEtsioned it ca~ not mean anything else, when the Senator appeals to the Sen in a year anyhow. ate to stand by thA committee because it is the action of the com Then you would commission this year about 50 other graduates mittee, than that we are to ac~ept the judgment of the committee who will be at the end of the four years' course at the Academy. instead of following our own Judgment. So that all you would be doing is to give to the Navy now, to fill I understand the Senator does believe in individual sovereignty; 140 or 150 vacancies, forty-odd men, who would get their commis and no other Senator has stood for it more consistently than has sions in June next anyhow, and about 50 who would get their the Senator from New Hampshire, nor more ably, and I respect commissions anyhow in a year from now, and about 50 in June him for it. I had no idea that he was criticising me for exercis who will just have completed their four years' course. ing my own opinion and following my own judgment, bn.t I ~d .Mr. HALE. If all of these were filled up now, what does the think he was appealing to Senators to stand by th~ committee m Senator think would become of the graduating class of next year? their action because it was the action of the committee, and that Mr. FORAKER. I did not understand the Senator. we were bound to accept it because the committee had passed Mr. HALE. If you fill up all these places now, what does the their judgment upon it. . . . Senator think would become of the graduating class of 50 or 60 I dissent from that propos1hon. I am always loath to differ next year? from a committee, especially so able a committee as that having Mr. FORAKER. We are building battle ships, and our Navy charge of this bill, but when it is a question of great importance, is constantly increasing. I understand it to be the opinion of the one about which Senators who are on the committee have stated naval authorities that the Annapolis Academy, without an increase that it is of far-reaching consequence, and I have an opinion that of cadets, will not turn out officers fast enough to man these ships. is not in accord with the opinion of the committee, I propose to Mr. HALE. It will not for some years; if you let it remain as it stand for my own opinion and without any apologies to anybody is; but if you fill up the number now, without ta~ing into account about it. the weeding-out process, the only vacancies you will have will be As to this hump, what has it to do with the matter in contro on account of the casualties occurring in time of war. And there versy, whether there is a hump or no bump? That is a matter is to be considered not only the coming graduating class, but you which relates to the order in which promotion shall come. What will have next year another class and will then be asked to further we are charged with the duty of doing here is to provide officers increase the officers in the Navy. for the Navy of the United States, and, in doing it, to do justice to the young men who have passed through this rigid course of Mr. FORAKER. I understand that there is scarcely a battle instruction at the Annapolis Academy. ship in the service-and I think I am justified by ~hat has been _Now, let us see how much of a hump it is. If our action should told me in making this statement-that there is not a single one delay the promotion of somebody, it is no fault of ours. But how in the service that has anything like the full complement of officers can there be any unreasonable delay? It is conceded that thE:re it ought to have-not one. are some five or six hundred vacancies in the Navy to be filled by Mr. CHANDLER. Does the Senator say that those 50, 30, and officers coming from some place, and that the young men going 45 are not enou!5h? out of the Academy without commissions are filling these posi l\lr. FORAKER. I did not say 50. I say 32 is the full comple meu t of officers for a ship like the Iowa to have, as shown by tions and discharging these responsible du~ies. All ~e say is we Senate Document 168, and I might run through the list jf I were will give them the rank to correspond with the duties they are to take the time to do so. There is no danger of having too many discharging and the duties and responsibilities they have assumed. officers; but the trouble is that we will not have enough officers. Now, as to the size of the hump-- But that i3 neither here nor there. What I contend for is that :Mr. CHANDLER. Nobody suggests that there are five or six these men are going to sea anyhow, and it is simply a question as hundred vacancies in the Navy. to whether, after a four years' course, yon will send these IJ?.en to Mr. FORAKER. Everybody concedes there are five or six sea without commissions and without the proper authority to hundred offices on shipboard that have not been supplied. command rnen. that men will respect, or whether you will give ::Mr. CHANDLER. The Senator is a good lawyer, and he should them commissions and put them in places of authority and put nse language more accurately. There. are perhaps 150 vacancies upon them the responsibility that belongs to the duties they are in all in the Navy as now legally constituted. When the Senator to discharge. says there are five or six hundred vacancies, he refers to.his desire The PRESIDENT pro tempore. The question is on the amend and the desire of others to enlarge the Navy; but there is no such ment of the committee, on which the yeas and nays have been number of vacancies as the Sen~tor proposes to fill. There are ordered. perhaps 150 which the committee proposes to fill gradually, and Mr. HALE. The amendment strikes out the House provision the Senator proposes to fill the~ all at once; but there are no five and leaves the term six years. or six hundred. The PRESIDENT pro tempore. Yes; and is to insert a clause Mr. FORAKER. If I am in error as to the number, I stand which the committee have proposed. corrected. But I understand it has been stated over and over Mr. FORAKER. Let me understand what we are voting upon again in this debate to-day that because of the fact that six or seven now. Is it on the motion to strike out? hundred officers are needed for duty on shore there are vacancies The PRESIDENT pro tempore. On the motion to strike out to that extent upon the ships that are at sea. and insert. Mr. HALE. I have the Naval Register here, and I find the va l\lr. FORAKER. On both? cancies are only about between 140 and 150. Everything else is The PRESIDENT pro tempore. On both. filled up. Mr. DEPEW. I understand this is to reduce the stand:u-d from Mr. i<"'ORAKER. Then what is proposed by this bill would six to four years, the six years' standard having been in force for practically fill those vacancies? nearly thirty years. Mr. CHANDLER. All at once. The PRESIDENT pro tempore. The amendment will be stated. Mr. FORAKER. Let it be a.II at once. Why should they not The SECRETARY. On page 54 the Committee on Naval Affairs be filled all at once? Take the class of 1898. They would be gradu report to strike out from line 10 to line 21, inclusive, in the fol ated and commissioned anyhow n. fter their final examination in - lowing words: June next. Tllev have been illis \Vholc two years not only cruising at sea, but they ~have been at the front fighting the battles of the The students at the Naval Academy shall hereaftP.r have the title of mid nation. We talk about the num oer of the c:ass of 1 DS, and speak shipman, and on successfully completing the course at that institution each shall be commissioned in the lowest grade of the line or Marine Gorps, the as though every one of them was here to get a commission, losing two years' course at sea being hereby abolished. 5284 CONGRESSIONAL RECORD-SENATE. MA.Y 8, Tho na>al cadets who have completed the four years oourse at the Naval The reading of the bill was resumed. beginning with line 1, Academy and are performing duty at sea shall be commissioned in the lowest grade of tbe line or Marine Uorp~ and the members of each class shall take page 63, and was continued to the end of line 24:, on page 6:!. rank amon~ themselves according to their graduating multiples as was de Mr. HALE. The next clauses involve perhaps the greatest termined at tho end of the four years' course at the Na.val Academy. contest. They may as well be read, and then they will not have And in lieu thereof to insert: to be read again to-morrow morning. Then I will let the bill go over until to-morrow mo1·ning. Whenever any naYal cadet shall have finished four years of his under The next amendment of the Committee on Naval Affairs was, graduate cou.rse of .ix ~ears, the su~ding a.ppoin~ent ID;RY, be made from his CongresSJonal district or at large m accordance with ex.istmg law. on page 64, after line 24, to strike out: The Secretary proceeded to call the roll. Armor and armament: Toward the armament and armor of domestic man ufacture for the vessels authorized by the act of March 2, 1 95; for those Mr. BACON (when his name was called). I am paired withthe authorized by the act of June 10, 1890; for those authorized by the act of junior Senator from Rhode Island [M.r. WETMORE]. In his ab :March 3, 1897; for those authorized by tha'act of May 4, 1898; for those au sence, I withhold my vote. thorized by the act of March 3, 1899, and for those authorized by this a-0t, $!, better that the explanation as to whr I sh!lll ask that shoul~ be f ~~~h~n: ~foTiihy~!~~~ minor children of said Allyn Capron until they made this afternoon rather than towa1t until to-morrow:mornm~. And the fiouse agree to the same. It will not take long to explain why we shall have to discuss thIS J. H. GALLINGER, in GEO. L. SHOUP, question secret session. Managers on the part of the Senate. Mr. COCKRELL. The Senator had better make the explana H. C. LOUDENSLAGER, tion when we are going to act upon it. JACOB H. BROMWELL, Mr. HALE. As the Senator from New Hampshire says to.m_e, S. W. DAVENPORT, that will give the newspapers an additional reason to state it m Managers on the part of the House. the morning. The report was agreed to. Mr. TILLMAN. I hope the newspapers will not get hold of the points that I consider of such importance that I do not want to LILLIAN CAPRON, bring them out in public. Mr. GALLINGER submitted the following report: The PRESIDENT pro tempore. All that the Senator from The committee of conference on the disagreeing votes of the t~o Hou~es South Carolina has to do is to move that the doors be closed. on the amendment of the House to the bill 8. 1905, "An act grantmg an rn crease of pension to Lillian Capron," having met, after full an~ free conf~r· Mr. TILLMAN. Now? . ence have agreed to recommend and do recommend to their respective The PRESIDENT pro tempore. At any time; and if there is a Honses as follows: second the doors will be closed. 'rhat the Senate recede from its disagreement to the amendment of the House and agree to an am.endment as follows: · Mr. CHANDLER. I gave notice that I should second the mo- In lieu of the sum proposed insert "thirty-five." tioo. - And the House agree to the same. J. H. GALLINGER, Mr. HALE. I have no feeling about it. GEO. L. SHOUP, Mr. TILLMAN. It is a question of time and not o~ procedure. Managers on the part of the Senate. I desire more especially to let Senators themsel"!es decide the qu~ H. C. LOUDENSLAGER, tion whether they wish to have the information as ~ wh:y thIS JACOB R BROMWELL, matter should be discussed in secret now or to wait nntil to- S. W. DAVENPORT, morrow. . Ma11age1·s on the pm·t of the H Henry F. Whittenhall, to be postmaster at Greene, in the county Mr. DALZELL. l think, so far as the question of parlia of Chenango and State of New York, in the place of F. H. Cowles, mentary law is concerned, t.here would have to be two motions. whose commission expired December 12, 1898. If the point of order is made, each resolution would have to be disposed of by a separate vote. There is no objection to that, al CONFIRMATIONS. though I still contend that so far as the resolutions are concerned they are identical in terms.. It is impossible to make any material Executive n01ninations confirmed by the Senate May B, 1900. discrimination between them. . JUDGE-ADVOCATE-G&'\'ERAL. The SPEAKER. The resolutions will be voted upon separately, Lieut. Commander Samuel C. Lemly, of the United States Navy, This is not debatable, as gentlemen will understand. The ques a citizen of the State of North Carolina, to be Judge-Advocate tion is on agreeing to the report of the committee to lay on the General of the Navy, with the rank of captain in the Navy, for table the first resolution reported. the term of four years, from the 4th day of June, 1900. The question was taken, and the motion was agreed to. PROMOTIONS IN THE REVENUE-CUTTER SERVICE. The S.J;>EAKER. The question now is on the recommendation that the second resolution lie on the table. Second Lieut. Andrew J. Henderson, of the District of Colum Mr. TAWNEY. Mr. Speaker, before that motion is put, I de bia, to be a first lieutenant in the Revenue-Cutter Service of the sire to make a parliamentary inquiry. When the special order United States. fixing to-day for the consideration of these resolutions was made, Third Lieut. Charles W. Cairnes, of Maryland, to be a second by unanimous consent, given at that time, the views of the ma lieutenant in t:µe Revenue-Cutter Service of the United States. jority and the views of the minority were to be submitted to the CONSULS. House. I ask if that unanimous consent does not hold good up Richard M. Bartleman, of Massachusetts, now consul of the to the present time? It was agreed by unanimous consent last United States at Malaga, Spain, to be c.onsul of the United States week that the views of tbe majority and the views of the minority at Geneva, Switzerland. should be submitted to the House. Benjamin H. Ridgely, of Kentucky, now consul of the United The SPEAKER. Were they read at that time? States at Geneva, Switzerland, to be consul of the United States Mr. TAWNEY. They were not. The gentleman from Wis at Malaga, Spain. consin [Mr. BABCOCK] asked unanimous consent that the whole matter go over until to-day. The views were not submitted to the House at that time, although unanimous consent was given. HOUSE OF REPRESENTATIVES. Mr. DALZELL. They were printed in the RECORD. The SPEAKER. The Chair thinks upon that statement that TUESDAY, May 8, 1900. the report should be read te the ·House. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. The Clerk read as follows: HENRY N. COUDEN, D. D. The Committee on Ways and Means, to whom were referred House reso The Journal of yesterday's proceedings was read and approved. lutions- Mr. DALZELL (interrupting the reading). One moment. I OPERATIONS IN THE MANUFACTURE OF OLEOMARGARINE. have no objection to the reading at all, but it strikes me that if Mr. DALZELL. Mr. Speaker, by order of the House, this morn the views of the ni.inority are to be read, which is in the nature of ing was fixed for the consideration of the report from the.Com debate, there ought to be an equivalent time given to the other mittee on Ways and Means upon two certain resolutions of inquiry side. directed to the Se.cretary of the Treasury. I ask ~hat they now be Mr. TAWNEY. Consent was given that the views of both taken up. sides be read. The SPEAKER. The Clerk will report the resolutions. The SPEAKER. Both reports are to be read. The Clerk read as follows: Mr. RICHARDSON. We do not exactly understand what the House resolution No.~. agreement is. Resolved, That the Secretary of the Treasllr¥ be, and he is hereby, author The SPEAKER. No agreement at all bas been made. ized and directed to furnish the House, for its information, the monthly duplicates of pages 1and2 of Form 216 of the Internal Revenue Department Mr. RICHARDSON. The motion that the resolutions lie on for the fiscal year ending June 30, 1899; also for the month of December, 1899, the table is not debatable. as r eturned by the various manufacturers of oleomargarine throughout the The SPEAKER. Not at all. United States for the above periods. Mr. RICHARDSON. And the reading of the views of the mi . House resolution No. 229. nority is debate. Resolved, That the Secretary of the Treasury be, and he is hereby, re· quested to furnish the House of Representatives information concerning the The SPEAKER. It is done by unanimous consent, as the Chair amount and character of the material used in the manufactm·e of oleomar· understands. garine by the several manufacturers, as shown by the monthly duplicates of pages 1and2 of Form 216 for the fiscal year ending June 30, 1890; also for the Mr. RICHARDSON. The object of my inquiry was what the month of December of the same year, as returned by the various manufac unanimous consent covered. turers of oleomargarine throughout the United States for the above perbds. The SPEAKER. The consent was given some days ago. Mr. DALZELL. Mr. Speaker, my attention was diverted for • Mr. RICHARDSON. Will the Chair please state what it was? a moment. Did the Clerk read two resolutions? The SPEAKER. That the ·report of the majority of the com The SPEAKER. Both resolutions were read. mittee and the views of the minority should be submitted to the Mr. TAWNEY. Mr. Speaker, the views of the minority relate House; and the Chair thinks that under that consent both had only to resolution 229. There are no dissenting views on the part better be read. of the minority with respect to the majority report on resolution M.r. RICHARDSON . . Then the object now, as I understand, is 226. The minority opposed the report of the majority as to reso to have read from the Clerk's desk the report of the majority and lution 229. the views of the minority. Mr. BABCOCK. You can ask for a separate vote. The SPEAKER. That is all. The SPEAKER. The Committee report recommends that these Mr. RICHARDSON. That is as far as the request has gone? resolutions be laid on the table, so that the question will be on the The SPEAKER. Unless something else.is agreed to. . report of the committee. Mr. DALZELL. The consent given was simply that the views Mr. TAWNEY. I was going to ask if it would not be compe of the minority might be filed. tent by unanimous consent to adopt the report of the committee Mr. TAWNEY. The request was made by myself, and it was as to resolution 22G. There' are no dissenting views as to the for the purpose of having the views of both sides submitted to the report of the committee iri respect to that resolution. It is in House. respect to resolution 229 that the minority have filed their views. . The SPEAKER. The Chair was basing his ruling on the state So that'we need consider only that.resolution. ment of the gentleman from Minnesota, acquiesced in, as the Mr. DALZELL. Mr. Speaker, the report of the Committee on Chair understood, by the gentleman from Pennsylvania. The Ways and Means treats the two resolutions as identical in sub Chair will have the Clerk read from the RECORD what took place stance, although differing slightly in the verbiage. The substance at the time the consent was given. of the two resolutions is identical, and whatever reasons apply to The Clerk read as follows: . the report of one apply to the 1·eport of the other. Mr. T.A.WNEY. I ask unanimous consent, M.r. Speaker, that the views of The SPEAKER. The Chair thinks that if the demand was the minority, together with the report of the committee, be read to the made for a separate consideration of the resolutions would House. I desire to ask, first, as a matter of information, if there is not alc;o it another resolution accompanying the renort of the majority; I refer to have to be complied with, but the Chair does not understand the House resolution 229? - demand for a division has yet been made. · Mr. DALZELL. '.rhat is co.r.rect. :Mr. TAWNEY. The two resolutions, it is true, relate to the The SPEAKER. The Chair will submit the request of the gentleman. The gentleman from Minnesota asks unanimous consent that the views of the same subject-matter, but they are entirely different in form. One committee-the majority and minority-may be read for the information of calls upon the Secretary of the Treasury to furnish copies of cer the Honse. tain documents in his po:!session. The other calls for certain in Mr. BABCOCK. Mr. Speaker- The SPEAKER. For what purpose does the gentleman rise? formation; and for that reason I ask a separate consideration of Mr. BABCOCK. To submit a request. the two resolutions. The SPEAKER. The gentleman will state it. 1900. CONGRESSIONAL RECORD-HOUSE. 5287 .Mr. BABCOCK. I wish to ask unanimous consent that the consideration of stand the proposition upon which we are called to vote. If the this resolution may be permitted to go over until Tuesday of next week. report of the majority is adopted and this resolution is laid on the J\lr. lJANNON. And I wish to a.skin the satheconnection, Mr. Speaker, if the majority report and the views of the minority have been printed? table, then this House will have declared that under existing law Mr. DALZELL. Not yet. the people of this country have no right to know what material l\lr. BABCOCK. This is quite an important matter, and I hope that the re is being used fa the manufacture of a food product intended for quest that it may go over will be agreed to. Mr. TAWNEY. The resolution calls only for information from the Internal their consumption, although that product is manufactured under Rernnue Department as to the character and quantity of materials used in the supervision of our Government. That is the plain proposi the manufacture of oleomargarine. The report of the majority favors laying tion you are called upon to uphold by supporting the report of the re'}uest for information on the table, while the minority favors the pas sage oi. the resolution. I do not know that there is any reason for delay in the majority. considering the matter. Mr. Speaker, before asking this House to make a declaration of The SPEAKER. 'fhe Chair will submit the request of the gentleman from thatkind- Wisconsin. The gentleman from Wisconsin asks unanimous consent for the considera :Mr. LIVINGSTON. Mr. Speaker- tion of these resolutions to go over until one week from to-morrow. Is there Mr. TAWNEY. I can not yield. I have not the time. ob,iection? The SPEAKER. The gentleman declines to yield. There was no objection, and it was so ordered. Mr. LIVINGSTON. I want to ask one question only. :Mr. TAWNEY. In the meantime the report of the majority and minority may be printed? Mr. TAWNEY. I will answer if it is only a question. 'fhe SPEAKER. Without objection, the report of the majority and minority Mr. LIVINGSTON. Hasnotoleomargarinefrequentlyandoften of the committee will be printed in the RECORD for the information of the been analyzed, an·d has not that analysis been published to the House. Is ther~ objection? There was no objection. world? The SPEAKER. Upon that exhibition of the facts, the Chair Mr. TAWNEY. Yes, it bas; and it is the duty of the Commis· is of opinion that there is no authority for reading either the re sioner of Internal Revenue to analyze it, and the ingredients of port of the majority or the views of the minority. which it is made, for the purpose of determining whether it con Mr. TAWNEY. I ask unanimous consent that the report of tains anything deleterious to health. If any party is aggrieved tl).e committee and the views of the minority may be submitted by bis decision, or thinks that he has not decided properly, they to the House and read at the Clerk's desk. . have the right to appeal to a boa.rd created by the act of 1886, The SPEAKER. The gentleman from Minnesota [Mr. TAW known as the oleomargarine law, when a public hearing is had, NEY] asks unanimous consent that the report of the majority and and at that hearing all of the proceedings and all the evidence with the views of the minority may be read to the House. Is there ob respect to the character of the ingredients used in the manufac jection? ture o~ this product are made public. Yet the majority of the Mr. WILLIAMS of Mississippi. I ask for the regular order. Committee on Ways and Means say that the law prohibits the The SPEAKER. Objection is made by the geutleman from Secretary of the Treasury from divulging this information, which Mississippi. the law expressly provides may be made public and necessarily Mr. TAWNEY. One more request. I desire to have an under must be made public before a board created by law for the pur standing with the gentleman from Pennsylvania [Mr. DALZELL], pose of finally determining whether or.not the material used in the who presents the majority report, that by unanimous consent, if manufacture of oleomargarine or any part of it is deleterious to the House will give it, we discuss the report of the committee for health. half an hour-fifteen minutes on each side. Mr. Speaker, before asking the House to make a declaration The SPEAKER. The gentleman from Minnesota asks unani that to the ordinary mind would be inconsistent with common mous consent that thirty minutes be allowed for discussion on the sense, the majority of the committee should furnish the plaitlest report of the majority-fifteen minutes to be given to those in and most express provisions of law to justify us in saying to the favor of the report and .an equal time to those against. Is there people tha.t legally they have no right to know what material is opjection? The Chair hears none, and it is so ordered. The gen used in this artificial combination of grease by-products. tleman from Pennsylvania [Mr. DALZELL] is recognized in favor To do this, Mr. Speaker, the friends of oleo-buli and hog butter of the re.Port. must give us something more convincing than section 3167 of the Mr. DALZELL. Mr. Speaker, I will make a brief statement of Revised Statutes, a law that has no relation whatever to the Sec the situation. There was introduced into the House and sent to retary of the Treasury or tq the information which this resolution the Committee on Ways and Means a resolution directed to the calls for, in order to make the people believe that this House has Secretary of the Treasury, asking him to furnish certain informa no right to know what the manufacturers of spurious butter are tion contained in schedules on file with the Commissioner of In using in the manufacture of a product intended for human con ternal Revenue. These schedules are provided for by a section sumption. I want to call your attention to the language of that of the oleomargarine law. They consist of information given by section, and I submit to every lawyer in this House whether or the manufacturers of oleomargarine, showing the constituents that not there is anything in this section that relates to the informa enter into its manufacture, the amountof each, and generally the tion called for by this Honse resolution. operations in the manufacture of that commodity. The Com If any collector or deputy collector, or any inspector, or other officer act mittee on Ways and Means were of the opinion that section 3167 ing under the authority of ~Y r evenue law of the United States, divulges to any party, or makes known m any other manner than may be provided by of the Revised Statutes made it unlawful for the Secretary of the law- Treasury to furnish this information. The information is given under compulsion of law for purposes of taxation; and it is there What? fore contrary to public policy that the secrets of these manufac- the operations, style of work, or apparatus of any manufacturer or pro turers, obtained in that way, should be given tothepublic-should ducer be given, for instance, to those engaged in the same line of man Obtained how? ufacture. So far. as the rights of the public are concerned, they are amply visited by him in the discharge of his official duties. protected by a section of the oleomargarine law which makes it In the first place, the information must relate to the operations the duty of the Commissioner of Internal Revenue to pass judg- style of work, or apparatus of any manufacturer or producer. ' men't upon the wholesome or unwholesome character of the In the second place, that information must be obtained upon a elements that enter into this manufacture; and from his judg- perso~a~ visita~ion by the officer to the factory nf the producer. ment in any particular cai::e there is an appeal to the Surgeon- And ~t is o?-lY m thos~ tw<;> cases '!here th~ officer is prohibited General of the Army, the Surgeon-General of the Navy, and the hy thIS section from divulgmg the mformation which he obtains Secretary of Agriculture, So that, in the view of the committee, Now, this information does not come to the Secretary of th~ the rights of the public upon the one hand and the rights of the Trnasury nor the Commissioner of Internal Revenue by reason of manufacturers upon the other are amply protected by legislation. the personal visit of e~ther of these officers to the factory of the The committee therefore reported that, in view of the prohibi- producere Under section 5of the act known as the oleomargarine t~on resting upon t~e Secretary of ~he Treas.ury by virtue. of sec- law these ma?-ufacturers are required to furnish monthly returns t1on 3167 of the Revised Statut6s, th:1sresolntion_ought to lie upon to the Commissioner of Internal Revenue, showing the character the table. ~t seemed to the committee that this was an attempt · and quantity of the ingredients used in the manufacture of this by a resolution of the ~ous~to repeal an act of Congress, and that alleged food product. And why did Congress require them to was the ~·eason f.or t~eir actiO:f!· . . make these monthly returns? Was it for the purpose of keeping Th~re IS nothmg mvolv~d m thIS controve:-sy except. a simple that inform~tion .sec:et and away from the public? No; there quest10n of law; no question as to the propnety or policy or de- were two ob1ects m view· the one was to enable the Commissioner s~ability of ~leomargarine legislat.ion is inv?lved, nothing but the of Internal Revenue to k'now whether or not the tax was being simple question whether or n~t th1s i·esoh~tion ou~ht to go to the properly assessed and collected, the otherobjectwastoprotectthe S~cretaryof~heTre~s~ry, and if ~hecommitte~ be right, the House public health. And yet the majority of the WaysandMeansCom will be put m t~e ~·1d1culous at?tude of asking an officer of the mittee come in here and say that they propose to protect the pub-- Government at its mstance to yiolate the law. lie health by throwing around this information the seal of secl'ecy I reserve the balance of my tune, Mr. Speaker. . and not allowing that information to be divulged to anyone: Mr-TAWNEY. Mr. Speaker, I trust that the House will u~der- They may use poison in any quantity, or any substance absolutely 5288 CONGRESSIONAL RECORD-HOUSE. MAY 8, I • 1 delete1·ious to the public health, yet the committee say that is a to.render to the Commissioner of Internal Revenue an account of . trade secret which must be kept inviolate. the quantity and kind of materials used in producing oleomarga: The section of the Revised Statutes upon which they rely, ex- rine and the quantity each month. The Commissioner is author clusively, has no reference whatever to information filed with the ized to decide whether any substance used in the manufacture Commissioner of Internal Revenue in accordance with the express contains ingredients deleterious to the public health, and his de provisions of law, and for that reason I maintain and hope that cision is subject to review by a board composed of the Secretary the majority report will be voted down, and that then this reso- of Agriculture, the Surgeon-General of the Army, and the Sur lution will be passed, that we may know and that the people may geon-General of the Navy. If gentlemen are not satisfied with know what ingredients the 17 manufacturers of oleomargarine this! why not pass a resolution requiring the Commissioner to ap are using in the manufacture of a so-called food product. point a number of expert chemists to decide whether or not there The gentleman says it is a trade secret, and therefore against is any ingredient in oleomargarine hurtful to the public hea1th? public policy to require this information to be disclosed.. Every This would be the sensible thing to do, if that were the real object known process for the manufacture of oleomargarine is patented. aimed at, and would not re:iuire manufacture1·s of oleomargarine I hold 75 of those patents in my hand. The idea of claiming that to give to the public their formula, now protected by existing law. that which is patented shall be further protected by this House as 'l'he best authorities expose the claim that oleomargarine is not a trade secret is simply preposwrous. Some may say," Well, if healthful. Professor Atwater, director of the United States agri these formulro are patented, why do yon want the information?" cultural expAriment station in this city, pronounces it "perfectly They state in those patents what they intend to use. They there wholesome and healthy and of high nutritious value." Professor tell the public what they claim will be used, but the Commissioner Wiley, Chief Chemist of the Department of Agriculture, declares it of Internal Revenue has the exact information of what they are to be "clean, wholesome, and digestible, and when it is to be kept in fact using, and it is to obtain that information for the benefit a long time preferable to butter, because ithas butlittle tendency of the public that this resolution was offered. to become rancid." Other great chemists concur in this opinion, I have gone through most of these patents, and I have not found and I challenge the gentleman, in spite of the little wedge of in a single one of them where any of the owners of these patents stearin held up to the House for their observation as being one claim to use stearin, a chunk of which I hold in my hand, a sub- of the objectionable ingredients in oleomaraarine, to cite a single stance that will not melt below 154° F. Yet the returns filed with chemist _of any respectability anywhere who declares that but the Commissioner of Internal Revenue show that there are large terine or oleomargarine menaces the public health, or that it is quantities of that substance being used in the manufacture of not better than the cheaper.class of butter with which it competes. oleomargarine, although there is not a single patented formula, as The makers of the best grades of butter in this country are far as I have been able to ascertain, that authorizes it or in which not behind this movement and do not insist upon its passage. they say they intend to use substances of that kind. Mr. BABCOCK. Will the gentleman allow me a question? I want to say further that this subject is being investigated by Mr. BALL. I have only five minutes. certain committees of this Honse. When the manufacturers of The SPEAKER. The gentleman declines to yield. oleomargarine were before the Committee on Agriculture, they Mr. BALL. The great labor organizations of this conntry, were asked to give this information and they very politely re- always in favor of fair play, with one voice and as one man are fused, and now this Honse is asked to fortify that refusal by lay- opposed to this pernicious, infamous, iniquitous legislation. ing on the table a resolution which calls upon the Commissioner Hundreds of petitions from all over this Union, signed by labor of Internal Revenue for the information which tQ.ese men refused organizations and by individual la.boring men of influence and to ghre to a committee of this House-information which is fur- prominence: tell us that the object aimed at is to raise the price nished him for the benefit of the public and in accordance with of that which is wholesome, cheap, and pure, and which they de the express provisions of law enacted primarily to protect the sire to use, in order to promote the sale of a class of butter which public health. [Applause.] is put on the market that is far inferior to that substitute which is I reserve the balance of my time, Mr. Speaker. sought to be legislated against. They also lay down the proposi- The SPEAKER. The gentleman from Pennsylvania. tion that it is Wl'Ong to injure one American industry to help Mr. DALZELL. How much time bas the gentleman from another. Minnesota remaining? Now, Mr. Speaker I ask this Honse, in the name of the great The SPEAKER. Five minutes. cotton and cattle industries of this country, that are vitally con- Mr. DALZELL. And I have eleven minutes? cerned; I ask members who represent a people that furnish to The SPEAKER. The gentleman from Pennsylvani& has eleven the farmers and cattlemen of the South and West your own prod- minutes. ucts, to consider the interests of that section, which not only buys Mr. DALZELL. I yield five minutes to the gentleman from of you but contributes the greater part of the exports which gives Texas fMr. BALL]. the great balance of trade to the United States, and thereby be- Mr. :BALL. Mr. Speaker, it will be no impeachment of the comes the chi€f factor in bringing prosperity to our country; not sincerity of the gentleman from Minnesota [Mr. TA Wl\"EY] when to carry this doctrine of protection to the extent of injuring or I say to this Honse that the inquisitorial investigation proposed destroying an industry of this countrywhfoh is vital to the people by this resolution is not inspired or prompted by a desire to pro- of a section which contributes so much to the sustenance and pros tect the public health, but is in answer to the persistent attempt perity of all our people. of the sellers of cheap, unwholesome butter that the people find Mr. KLUTTZ. Will thegentlemanallowmetoaskhimaques- unfit for use, to secure Congressional aid to enable them to sell tion? their inferior butter at a greater price than they now receive. Mr. BALL. Yes. This resolution is intended to be the opening wedge for a cam- Mr. KLUTTZ. What is the objection to giving publicity of paign to further tax oleomargarine, which is rapidly growing in the formula by which this product is made if it is a legitimate popular favor as being cheaper, bett€r,- and purer than ordinary product? . butter. Mr. BALL. Why do yon not inquire into the ingredients of The resolution proposes to require the Secretary of the Treasury, poor butter, "bust-head'' whisky, patent medicines, proprietary as shown by the able report of the majority of the Committee on articles, and everything else in this country in regard to which in Ways and Means, to reveal the secrets of trade and the formula terested persons would like to know? This action now proposed used by the manufacturers of oleomargarine, in violation of law by Congress is an objectionable enlargement of the functions of and against sound public policy. If we are going into this char- the National Government. acter of investigation, why not compel every line of business and It is not in the interest of the public health; it is sum.ptuary every owner of a proprietary article to make public that which legislation; it is an unwarranted, inquisitorial inquiry into the would impair and perhaps destroytheir business? Why refuse to private affairs of the manufacturers of oleomargarine, to satisfy apply this to all other articles sold which are made by a secret rival interests; it gives to the public the knowledge of their for formufa, and not seek alone to strike at thegreat cotton and cattle mula in vioJation of law and public policy, and impairs the value interests of this conn try, which are largely interested in the manu- of their business without benefit to the public. · facture of oleomargarine, in order to help build up a butter trust? No just government should require them to submit the secrets Is it because the latter interest is the more powerful in the section of their trade for the inspection of the officials charged with the represented by gentlemen pushing this measure? execution of the internal-revenue laws, and then when in posses- Mr. Speaker, the high priest of protection never went fur- sion thereof publish them to the world. ther than to claim that it was proper to discriminate in favor of Mr. DALZELL. I yield one minute to the gentleman from American industry, p1·odncts, and labor against foreign competi- Tennessee. tion. Now, the whole object of the resolution now pending and Mr. RICHARDSON. In one minute I can only say that the the, bills being urged in this House on the subject is to use the Committee on Ways and Means ha.ve very carefully considered powerful agency of the National Government to discriminate in this resolution. They were almost unanimously of the opinion favor of one American industry against another. I charge that that the matter involved was purely a legal question. The sec· it is not regard for the pl;lblic health that prompts this character tion of the Revised Statutes quoted by the gentleman from Penn of legislation. sylvania forbids the Commissioner of Intema.l Revenue and the The manufacturers of oleomargarine are now required by law o~ers of the Treasury Department from giving to Congress the 1900. CONGRESSIONAL RECORD-HOUSE. 5289 information which is sought in this resolution. Every lawyer on There is no trouble about that, but the proposition of this resolu the Committee on Ways and Means, with two exceptions, were of tion is to spread on the public record the trade secrets of the sev the opinion that this resolution, which is simply a House resolu enteen manufactories of oleomagarine who do business in this tion, can not repeal a law. The simple House resolution which country. There is no trouble about getting the elements, the we h::i.ve before us can not repeal the statute which the gentleman varfous ingredients that enter into the composition of oleomarga has read. Now, then, in conclusion all the members of the com rine, by drawing a proper resolution; but this resolution calls for mittee except the gentleman from Minnesota and the gentleman more than that. It calls for the disclosure by the manufacturers · from Iowa-every other member of the majority and every mem of oleomargarine, each to his neighbor, of his methods of. manu ber of the minority, without exception-thought that this resolu facture and his trade secret, all that which he has been compelled tion ought to be laid on the table. · to place upon record by law simply for the purpose of Federal Mr. TA. WNEY. I yield two minutes to the gentleman from taxation. Virginia Ll\fr. LAMB]. Mr. TAWNEY. Will the gentleman yield? .Mr. LAMB. l\Ir. Speaker, ifthechemfots of this country testify Mr. DALZELL. I must decline to yield. I shall not stop to that the ingredients composing oleomargarine are perfectly harm consider whether section 3167 covers the Secretary of the Treasury less, we cite the fact that was brought out before the Agricultural and covers this matter, but I shall ask the members of this House Committee, that the best chemists in France and the best in the to send over to the Clerk's office of the Supreme Court of the world have declared against the use of oleomargarine in the hospi United States and get the opinion of the court in the case of Boske tals because it does contain ingredients that are injurious to against Comingore, a collector of internal revenue of a district health. in Kentucky, who was relieved on habeas corpus from an im Now, Mr. Chairman, I do not propose to wage a.ny war on the prisonment imposed by a Kentucky court because he would not, cattle interests or the cotton-seed interests of these Southern in violation of the law, disclose the secrets that came to him as gentlemen, but, in behalf of pure food and in the interest of the collector. In that case he pleaded in bar section 3167 of the Re butter raisers of this country, we demand that this resolution vised Statutes of the United States and Treasury regulations shall pass and that the Secretary of the Treasury shall be re which the Supreme Court of the United States held it was within quested to report to this House, in accordance with the resolution, the power of the Treasurer to make. But let us put that aside the ingredients that compose this article. In reply to my friend altogether. Suppose we put aside the statute?. Suppose we put from Texas, for one I want to know how much of the cotton aside this decision. I say, as a matte1· of public policy, the man seed oil enters into the manufacture of oleomargarine. The who delivers to the Government for the purpose of taxation the hearings before the Agricultural Committee show that there is secrets of his manufacture is protected by the great principle of less of cotton-seed oil used than many of you suppose in the public policy, and that to make any other disposition than we pro manufacture of oleomargarine. pose of this resolution would do no good to the friends of oleomarga rHere the hammer fell.] rine and would place the House in a position and an attitude that lli. TAWNEY. I yield to the gentleman from Wisconsin [Mr. would make it ridiculous. BABCOCK] one minute. I trust that when we come to vote on this resolution we shall Mr. BABCOCK. Mr. Speaker, I regret very much that I have vote upon the resolution as it is, not upon the merits of the Grout to antagonize the great Committee on Ways and .Means. I have bill or the Tawney bill or any other bill. That we can properly a very high opinion of them, but I do not believe the cattle inter est nor the cotton-seed oil interest, nor anyother interest wants to dispose ofi under its own special head, when the time comes. stifle this information. If oleomargarine is a good food product, The SPEAKER. The question is on laying upon the table if it is healthy, if it is not poisonous, why do they want to shut House resolution 229. off the information from the people? Give them the facts; that Mr. TAWNEY. Irisetoaparliamentryinquiry. Intheevent is all they want to know. [Applause.] that the report of the committee is not adopted, will the resolu Now, Mr. Speaker, I represent a great district in the State of tion then be before the House for consideration and action? Wisconsin; I can speak for the manufacturing interests that are The SPEAKER. Undoubtedly. The Honse will then have an using oleomargarine in great quantities, as well as the great dairy opportunity to adopt the resolution, if it so desires. interests or my State; but that is no reason why I should not rep Mr. SHA.FROTH. Can we not have the resolution read? resent all the people who want to know what this product, oleo The SPEAKER. Without objection, the resolution will be again margarine, contains. reported. [Here the hammer fell.] The Clerk again read the resolution. Mr. TAWNEY. How much time have I, Mr. Speaker? The question being taken on laying the resolution on the table, The SPEAKER. The gentleman has two minutes. · The SPEAKER said: The noes appear to have it. Mr. TAWNEY. Just one word in reply to the gentleman from Mr. DALZELL. I call for a. division. Tennessee [Mr. RICHARDSON]. I trust that the lawyers in this Mr. BABCOCK. I ask for the yeas and nays. House who are at all familiar with penal statutes and their con The yeas and nays were ordered. struction will not allow themselves to be deceived by the legal The question was taken; and there were-yeas 81, nays 137, technicality urged by the gentleman from Pennaylvania [Mr. answering ''present" 13, not voting 121; as follows: DALZELL] and the gentleman from Tennessee (Mr. RICHARDSON]. By the construction which they place upon this statute, viz, that YEAS-81- it applies to information filed with the Secretery of the Treasury, Adams, Clayton, N. Y. Kleberg, Shattnc, instead of applying exclusively to information concerning the op Adamson, Cowherd. Lanham. Sheppard, Aldrich, Crumpacker, Lassiter, Slayden, erations, style of work, or apparatus, obtained concerning a man Allen, Ky. Daly, N. J. Lester, Small, ufacturer upon a personal visit, in the discharge of his official Atwater, Dalzell, Linney, Spight, duties. Bailey, Kans. Davis, Livingston, Steele, Ball De Gra.ffenreid, Long, Stephens, Tex. No lawyer in this House would even attempt to dl'aw an indict Bankhead, Driggs, Loud, Stokes, ment against the Secretary of the Treasury for obeying this reso Barham, Elliott, McCulloch, Talbert, lution, because he could not allege that the information divulged Bartlett, Finley, McLain, Terry, Bingham, Fitzgerald, N. Y. Maddox. Thomas, N. C. by the Secretary came to him by personally visiting the factory, Boutell, ill. Foster, Nor ton, S. 0. Turner, or that the information related either to the operation, style of Brantley, Fowler, Overstreet. Underhill, work, or to the apparatus of the manufacturer. ·That is not the Brenner, Gayle, Payne, Underwood, information that this resolution calls for. In conclusion, Mr. Brewer. Griggs, Ransdell, Wadsworth, Brundidge, Grosvenor, Rhea, Ky. White. Speaker, I hope that every friend of the dairy interests of the Burleson, Hawley, Rhea, Va. Williams, M.!ss. United States who believes in honest competition in trade, who Burton, Hedge, Richardson, Wright. Cannon, Henry, Miss. Riordan, wants pure food, who believes in letting the people know, even Capron, Kahn, Rupper t, those who want to buy and consume oleomargarine, what it con Chanler, King, Ryan., N. Y. tains, then let them vote ''no " on the proposition to adopt this report of the majority of the committee. [Applause.] NAYS--137. fHere the hammer fell.] . Alexander, Burkett, Cushman Gardner, N. J. l\fr. DALZELL. Mr. Speaker, I shall not consent that this Allen, Me. Burleigh, Dahle, WIS.1 Gilbert, House shall be led away from the question at issue by representa Babcock, Butler Davenport, S. A. Gill, Barber, Calderhead, De Armond, Gillet, N. Y. tions made by the gentleman from Minnesota [Mr. TAWNEY]. Barney, Caldwell, De Vries, Glynn, This is not a question involving the merits of the oleomargarine Bell, Clark, Mo. Denny, Graff, bill. If that question shall come before the House in due course, Bella my, Olarke, N. H. Dick, Green, Pa. I Bishop, Connell, Dinsmore, Greene, Mass. as it may, shall have no hesitation then in expressing a very Breazeale, Cooney, Dougherty, Griffith, earnest and sincere conviction which I have in respect to that Brick, Corliss, Eddy, Grout, character of legislation. That is not the question here now. The Brosius, Crawford, Emerson, Grow, Brown, Crruner, Esch. Hall. question is not the question submitted by the gentleman from Bull, Crump, Gamble, Hamilton, Minnesota-information as to what constitutes oleomagarine. Burke, S. Dak:. Curtis, Gardner, Mich. Haugen, 5290 CONGRESSION'AL REGORD-· HOUSE. MAY 8, Hay, Lybrand, Ray, N. Y. Tawney, · Mr. MILLER with 'Mr: RIDGELY. Heatwole, McCleary, Reeder, Tayler, Ohio Hemenway, McPherson, Roberts, Thayer, Mr. BROWNLOW with Mr. CARMA.CK. Henry, Conn. Marsh, Robinson, Ind. Thropp, For this day: Hitt. Meekison. Robinson, Nebr. Tongue, Mr. HOFFECKER with Mr. LEWIS. Howard, Miers, Ind. ·Rucker, Vandiver. Mr. Joy with Mr. SHACKLEFORD. Howell, Miller, Ryan, Pa. Van Voorhis, Hull, Minor. Salmon, Vreeland, Mr. MORGAN with Mr. CROWLEY. Jack, Mondell, Scudder, Wanger, Mr. SMITH of Illinois with Mr. GORDON, Johnston, Moody, Mass. Shafroth, Waters, Mr. SHOW ALTER with Mr. TATE. Jones, Va. Moody, Oreg. Shelden, Watson, Jones, Wash. Moon, Sherman, Weaver, - Mr. Foss with Mr. NAf'HEN. Ketcham, Morris, Sibley. Williams, J. R. Mr. O'GRADY with Mr. FLEMING, Kluttz, Neville, Smith:H. C. Williams, W. E. Mr. D..A. VIDSON with Mr. MULLER. Lamb, Norton, Ohio Southard, Wilson, Idaho Landis, Olmsted, Sperr.y, Wise, Mr. PEARRE with Mr. BERRY. Lawrence, Parker, N. J. Stark, . Zenor, Mr. FORDNEY with Mr. CUMMINGS. Littauer, Pearce, Mo. Stewart, N. J. Ziegler. Mr. BOUTELLE of Maine with Mr. NOONAN. Littlefield, Polk, · Stewart, N. Y. Lloyd, Powers. Stewart, Wis. Mr. KERR with Mr. STALLINGS. Loudenslager, Quarks, Swanson, On this vote: Mr. FREER with Mr. LASSITER. ANSWERED "PRESENT 11 -13. Mr. WACHTER with Mr. MAY. Allen, Miss. Gibson, Needham, Wheeler, Ky. · Mr. SPALDING with Mr. WILSON of New York. Benton. Jett, Otey, Brownlow, Little, Otjen, Mr. WEEKS witb Mr. COOPER of Texas. Cox, McClellan, Pugh, Mr. LOVERING with Mr. FITZGERALD of Massachusetts. Mr. MUDD with Mr. LENTZ. NOT VOTING-121 Mr. ACHESON with Mr. KITCHIN. Acheson. Driscoll, Lorimer. Rnssell, Mr. BABCOCK. I desire to change my vote from "aye" to Bailey, Tex. Faris, Lovering, Shackleford, I voted under a misapprehension, supposing was the Baker, Fitzgerald, Mass. McAleer, Showalter, "1:10·". it Bartholdt, Fitzpati'ick, McCall, Sims, mmor1ty report. • Berry, Fleming, McDowell, Smit.h, ill. The Clerk called Mr. BABCOCK'S name, and he voted "no." Boreing, Fletcher, McRae, Smith, Ky. Mr. ~cCLELLAN. I am paired with the gentleman from. Boutelle, Me. Fordney, Mahon, Smith, Samuel W. Bowersock, Foss, Mann, Smith, Wm. Alden, Connecticut, Mr. RussELL. I therefore desire to change my vote Bradley, . Fox. May, Snodgrass, from "aye " to " present." Bromwell, Freer, Mercer, Spalding, Mr. ELLIOTT. I desire to change my vote from ''no"to ''aye." Broussard, Gaines, Mesick. Sparkman, Burke, Tex. Gaston, Metcalf, Spra~e, Mr. JETT. I voted "no." I see that I am paired with my Burnett, Gillett, Mass. Meyer, Ls. Stallings. colleague, Mr. MANN, and desire to- withdraw my vote and be Campbell, Gordon, Morgan, Stevens, Minn. recorded as ''present." Carmack, Graham, Mudd, Sulloway, Catchings, Henry, Ter. Muller, Sulzer, Mr. BENTON. lam paired with the gentlemanfromPennsyl~ Clayton. Ala. filE~urn, Navhen, Sutherland, vania, Mr. YOUNG, and desire to be recorded as "present.') Cochran. Mo. Newlands, Tate, Mr. ALLEN of l\fiss~sippi. lifr: Spea1rnr, I am paired with the Cochrane, N. Y. Hoffecker, Noonan, Taylor, Ala. Cooper, Tex. Hopkins, O'Grady, . Thomas, Iowa gentleman from Iowa, Mr. Cousms, and not knowing how he Cooper, Wis. Jenkins, Packer, Pa. Tompkins, would vote on this question, I withdraw my vote and ask to be Cousins, Joy, Pierce, Tonn. Wachter, recorded as ''present." Crowley, Kerr, Pearre, Warner, I Cummings, Kitchin, Phillips, Weeks, Mr. MILLER. am paired with the gentleman from Kansas Cusack, Knox, Prince, Weymouth, Mr. RIDGELY, but I am satisfied that if he were present, h~ Davenport, S. W. Lacey, Reeves, Wilson, N. Y. would vote "no," and for that reason I have taken the liberty to Davey, Lane, Ridgely, Wilson, S. C. vote. ~ · Davidson, Latjmer, Rixey, Young. Dayton, Lentz, Robb, The SPEAKER. That statement is out of order, and should Dolliver, Levy, Robertson. La. not be made. It takes up the time of the House unnecessarily. Doven er. Lewis, Rodenberg, The result of the vote was announced as above recorded. So the motion to lay the resolution on the table was rejected. Mr, TAWNEY. I now move the passage of the resolution, and The following pairs were announced: on that I ask the previous question. Until further notice: Mr. McCULLOCH. Mr. Speaker- Mr. LORIMER with .Mr. CUSACK, The SPEAKER. For what purpose does the gentleman rise? Mr. MERCER with Mr. CLAYTON of Alabama. Mr. McCULLOCH. I should like to offer an amendment to the Mr. PACKER of Pennsylvania with Mr. SULZER, resolution. Mr. YouNG with Mr. BENTON, The SPEAKER. The question is on agreeing to the motion of Mr. HILL with Mr. Fox. t~e gentle~an from Minnesota [Mr. TAWNEY] ordering the pre. Mr. MA.NN with Mr. JETT. v1ous question. Mr. REEVES with Mr. SPARKMAN. The previous question was ordered. Mr. BROMWELL with Mr. McDOWELL. i . The SPEAKER. The question is on the adoption of the resolu- Mr. MAHON with Mr. OTEY. · tion. Mr. JENKINS with Mr. SMITH of Kentucky. Mr. McCULLOCH. Mr. Speaker- :Mr. K.Nox with Mr. HENRY of Texas. The SPEAKER. For what purpose does the gentleman rise? Mr. :McCALL with M.r; GAINES. I Mr. McCULLOCH. I ask to have my amendment read. . Mr. BISHOP with "Mr. CAMPBELL. The SPEAKER. Amendments can not be offered now or read. Mr. DOLLIVER with Mr. ROBB . . I The previous question bas been ordered. Mr. WEYMOUTH with Mr. BROUSSARD. I Mr. McCULLOCH. I ask unanimous consent that at least the Mr. BOREING with Mr. FITZPATRICK. 1 amendment be read. 1\1r. DOVENER with Mr. CATCHINGS. j Mr. PAYNE. Regular order! Mr. GIBSON with Mr. Srns. · The SPEAKER. The regular order is demanded. The ques :Mr. THOMAS of Iowa with Mr. CO CHRAN of Missouri. tion is on agreeing to the resolution. Mr. COCHRANE of New York with Mr. McRAE. l The question being ta.ken, the Speaker announced that the ayes Mr. PRINCE with Mr. GRIFFITH. appeared to have it. Mr. FLETCHER with Mr. DA VEY. Mr. ADAMSON (from his seat) demanded a division. Mr. PUGH with Mr. TAYLOR of Alabama. The SPEAKER. The Chair understands a division to be de Mr. HEPBURN with Mr. STANLEY w. DAVENPORT. manded. The gentleman demanding a division will please rise in Mr. DAYTON with Mr. MEYER of Louisiana. bis place, so that there may be no doubt about the matter. Mr. RussELL with Mr. McCLELLAN. Mr. ADAMSON. I withdraw the demand. Mr. MESICK with Mr. BURKE of Texas. The SPEAKER. The gentleman withdraws his demand. The Mr. WM. 'ALDEN S:mTH with Mr. WILSo~ of South Carolina, ayes have it, and the resolution is agreed to. :Mr. METCALF with Mr. WHEELER of Kentucky. . ORDER OF BUSINESS. Mr. BARTHOLDT with Mr. ROBERTSON of Louisiana. The S~EAKER. Under the special order made a few days ago Mr. GRAHAM with Mr. GASTON. this day 18 devoted to the Committee on Claims. The gentleman Mr. SAMUEL w. SMITH with Mr. SUTHERLAND. from Illinois (Mr. GR.A.FF] is recognized. Mr. RoDEN13ERG with Mr. PIERCE of Tennessee. Mr. GRAFF. I move that the House ,:esolve itself into Com Mr. NEEDHAM with Mr. SNODGRASS. mittee of the Whole for the purpose of considering bills on the M.r. COUSINS with Mr. ALLEN of Mississippi. Pri-yate Calendar jD: accordance with th~ special order made by Mr. HOPKINS with Mr. B.A.ILEY of Texas. the House, by, unammous consent, on Friday last. - Mr. LACEY with .Mr. LITTLE, The SPEAKER. The gentleman from Illinois moves that the 1900. CONGRESSIONAL RECORD-HOUSE. 5291 House resolve itself into Committee of the Whole House for t~e the harbor of Ashtabula, Ohio, performed by them under the direction of further consideration of private bills reported from the Commit Maj. G. L. Gillespie, an officer of thb Corps of Engineers, United States Army, and the amount aforesaid is hereby appropria~d for the_ pur.pose aforesaid tee on Claims in pursuance of the special order heretofore made. out of any money in the Treasury not otherwise appropriated. The motion was agreed to. Mr. GRAFF. I 'Yield to the gentleman from New York [Mr. Accordingly the House resolved itself into Com~ittee of t!ie ALEXA.NDER]. who introduced this bill. • Whole on the Private Calendar, with Mr. HEMENW.A.Ym the chall'. Mr. ALEXANDER. Mr. Chairman, in August, 1872, the Chief The CHAIRMAN. The House is in Committee of the Whole of the United States Engineers made a contract with Meesrs. Lee for the purpose of considering bills on the Private Calendar re & Dunbar, contractors, residents of Buffalo, N. Y., to blast o.ut ported by the Committee on <....1.aims. The Clerk will report the certain rock in the channel of the harbor of Ashtabula, Oh10. first bill on the Calendar. The contract was duly made and approved, and at the request of RELIEF OF CERT.A.IN INTERNAL-REVENUE COLLECTORS. the United States engineer in charge the workwascontinueddur Mr. GRAFF. I ask unanimous consent of the committee to ing the winter. They began in December, and on the 26th of the take up ten bills which were introduced by different members of following Februarv, in 1873, it was discovered that more stone the House for the purpose of relieving ten internal-revenue col had been blasted than the contract allowed. The work had all lectors of' amounts charged against them unjustly, for stamps been done u!lder the inspection of a United States officer. It was necessary. It had been contracted for with a United Stat~s. en which they never received, and which were mistakenly charged gineer, who informed the contractors that there was sufficient against them. money at his disposal to pay for the same. At the time of the passage of the war-tax bill, by_ r~ason of the When it was discovered, however, on the 26th day of February . immediate goin" into effect of that law, the Commissioner of In that more rock had been blasted than was covered by the con ternal Revenue ~as compelled, for instance, to use postage stamps tract, the United States engineer ordered the work .stopped, paid in the place of internal-revenue st~mps, and he was compelled t<;> the contractors the fnll amount of the contract, and measured work his employees in the office mght and day. The result_ was the balance of the rock blasted, asking that they be compensated that mistakes arose regarding the amount of stamps transmitted by the United States. The contractors put in their bill. It was to these ten different internal-revenue collectors. When the referred to the Court of ·Claims under the Bowman Act. The amount was ascertained that was charged against each, the Com Court of Claims found all the facts; that the work was necessary; missioner of Internal Revenue insisted that each collector should that it had been done under the supervision of United States en pay the amount charged against him by the Commissioner, a~d then that the Commissioner should recommend to Congress rehef gineers; that it had been done I>roperly~ and that it measured to that amount. . 5 100 cubic feet· that under the contract the·contractors were to but the Court of Claims_ reduced the con So at the beginning of this session the Commission_er of Inte~nal r~ceive82.50 ac~bicfoot, tract price from $9.50 to $2. The extra blasting amounted to Revenue transmitted to Congi:ess a document wherem were gwen 5100 cubic feet, or $10,200; the amount ofihis claim. the amounts erroneously charged against. each of these collectors, 'Now Mr. Chairman, this claim was presented to Congress about ten in number, the aggregate being only a:1:>0ut the sum of s~,000. Mr. GROSVENOR. I would like to ask the gentleman, if he twenty~six years ago, a!ter the 9onrt of Claims had p~ssed upon it favorably, and here it has lam _from that d.ay t Might n_ot the conditions have b~en these: To be sure of get The Clerk read the bill, as follows: ting the holes deep enough to blow out the amount of the con Be it enacted, etc., That the Secretary of the Navy is hereby authorized, as tract, that they did, by extending them lower, blow out some recommended by his Department, to r emit to the Union Iron Works, of Ran more rock than the contract called for, and the work being done Francisco, Cal., the horsepower penalty imposed under the contract for the by the subcontractor, it is a material fact to know whether the armored coast-defense vessel Monterey; and the sum of $32,823 is hereby appro subcontractor was paid for the additional amount of rock so blown priated for that purpose. out? Mr. GRAFF. I yield to the gentleman from California (Mr. Mr. ALEXANDER. The subcontractors have been paid noth- KARN), who, I believe, introduced this bill. ing by the Gove1-nment. Everything that was paid was paid to Mr. KAHN. Mr. Chairman, this bill carries with it no appro Messrs. Dunbar & Lee, and they settled with the subcontractors. priation. It simply authorizes the Secretary of the Navy to remit No question is raised under the original contract; that has all been to the builders of the ]fonterey the sum of $32,823, which was de- paid, fair and square. ducted from the contract price of the vessel because of the tech- ::Mr. LOUD. I do not think the gentleman understands me. nical failure of the vessel on the trial trip to come up tothe horse- :Mr. ALEXANDER. Yes, I do. power requirement under forced draft. TheMonte1·ey has been Mr. LOUD. The question is whether the subcontractor has accepted by the Government. She has been found eminentlysea- ever been paid for the additional work that the contractor wants worthy. She is the first monitor that ever crossed an ocean, and to get paid for, or whether he was simply paid for his contract by Admiral Dewey, in speaking to the California delegation recently, the contractor, which was to blow out 5,000 cubic feet of rock. said that she was of material benefit to him in the battle of Ma- Mr. ALEXANDER. The Government has paid nothing except nila, August 12, 1898. · what was covered by the original contract. This.bill is recommended by the Secretary of the Navy and has Mr. LOUD. I understand that. been unanimously reported by the Committee on Claims. There Mr. ALEXANDER. Nobody has received anything more. The i.s precedent for action of this kind. This is the first time that the subcontractor makes no claim. Union Iron Works, of San Francisco, has come to Congress to get Mr. LOUD. The subcontractor could not put in any claim, for relief of this sort, but on other occasions Congress has granted re be is not a factor with the Government. Let me suppose a case, lief of a similar natme. In the case of the Pefrel, built by the unless the gentleman is satisfied that the facts are to the contrary. Columbus Iron Works, at Baltimore, Md., similar relief was "Mr. ALEXANDER. I am satisfied. granted. Mr. LOOD. Suppose Dunbar & Lee entered into a contract Mr. BARTLETT, May I ask the gentleman a question? with the subcontractor, who does not apJ>ear here, to blast out Mr. KAHN. Certainly. 5,000 cubic yards of rock for a stipulated sum, say ten or twelve Mr. BARTLETT. 1 understand from the gentleman's state- tbousand dollars; probably they did not pay the subcontractor ment and from the report in this case that the bill does not add any more than the contract called for. Now, the subcontractor to the agreed price of this monitor at all, but simply requires the in the performance of his work-the contractor had nothing to Government to pay the full price that it agreed to pay. do with it-sinks his holes so low that he blows out a lot more Mr. KAHN. Exactly, rock than the contract calls for. I would like to know, first, Mr. BARTLETT. In otber words, the bill does not take any- whether the contractors themselves did pay this subcontractor so thing out of the Treasury except what the Government originally much per cubic yard for additional amount of rock blown out. promised to pay. Mr. ALEXA.NDER, I can only say to the gentleman from Mr. KAHN. That is it exactly. California what Dunbar & Lee have said to me, personally, In the case of the Vesuvius, built by William Cramp & Sons, of over and over again, that they have been compelled to pay for Philadelphia, Congress remitted the penalty. In the case of the every penny of work done for this extra work, amounting to fifty- Pansy, built for the Light-House Service by Bayard, Houston & one hundred cubic yards. 1 did not ask them to whom they paid Co.; in the cases also of the Yorktown, the Baltimore, the Phila it, but they said," We have paid $10,200 and been out of that delphia, and the Newark, Congress remitted the penalty. In the amount for twenty-seven years. We would not allow anyone to cases also of the Conco1'd and the Bennington, built by N. F. lose anything because we had to lose through the Government's Palmer & Co., Uongress remitted the penalty. delay in paying us." Mr. FITZGERALD of New York. Mr. Chairman, I regret that Now. I would be willing, knowing these men as I have for so I can not agree with my friend from California [Mr. KAHN] as to many years, to give a bond that that is absolutely.true; that they the propriety of passing this bill. This is a bill to remit a penalty have paid for every dollar of this work. incurred under a contract. The contract provided that in case Mr. LOUD. It seems to me that this is an important factor in the horsepower indicated in the contract should not be devel the case, and yet it is not mentioned in the report. Now, if it oped upon the trial trip a certain portion of the contract price should appear-which I say from what I know of the method of should be forfeited for each horsepower stipulated for and not doinO'0 business-if it should appear that the subcontractor has attained. As 1 understand, the contract also provided that in on1y got what his contract called for, notwithstanding he blew case horsepower in excess of that required by the contract should out a great deal of additional rock, it would be hardly proper to be developed a bonus would be paid to the company. pay the contractor because, perchance, there was more ro~k blown These tTial trips are under the control of the company building out than the contract called for: That ~ould be a material.factor the ship; but the Department has always reimbursed the company in the case, and there is nothing m the. evi~en~e to sh.ow how it was. · for the expense of such a trip. This trial trip was held in con- Mr. ALEX~DER. I do not b~heve 1t i.s possible that there formity with the provisions of the contract. The vessel did not has been anythmg done. of that kind. This ~as gone through deye1op the horsepower re~ uired by the contract, and under the three Committees on Claims of the Honse, and it has gone through provisions of the contract the Secretary of the Navy was com- tbe Coll't of Claims. . . . pelled to withhold a certain sum. Mr. LOUD. It is evident thatthecommitteen~vermvestigated . The opinions of a number of bureau officials exist to the effect this question, or they would have reported upon it. . that the horsepower required by the contract could have been de- Mr. ALEXA NDER. Possibly i;iot; b~t t)ie Court of. Claims veloped under certain conditions which did not here exist. It was gave the matter the most careful mvestigation, and their report within the power of this company to secure satisfactory or com· is set out in extenso on pages 2 an?- 3 of the report. petent firemen and to make whatever other provision might have Mr. LOUD. The Court of Claims only found so much rock been necessary to make this trial trip a success. The expense blown out-they make no recommendation. T.he ?ndings of ~he would have been borne by the Government. Court of Claims do not amount to much. It is s1~ply a recital It does not appear to me proper that, after providing in the con· of a condition existent. If that be true, ~hat by accident the su~- tract for the trial trip, and the company not fulfilling the require contractor had blown out more than his contract _called for, it ments of the contract upon that trip, the Government should re would hardly seem probable that the contractor. himself would mit the penalty for the failll'e to comply with the contract. have paid the subcontractor; but if he did, there IS ~o doubt b~t I have not investigated the cases which are cited in the report what there is a just claim, because the Government, It seems, did of the committee. If the penalties in these cases were remitted derive some advantage from the work. But if the subcontractor under circumstances similar to tbis, I can not agree that it was ]?.as not been paid, then thecontra?tor sh~uld not be paid. I think the proper thing to do. If the circumstances were . not sjmilar, the gentle~an from New York will admit that. the cases do not stand here as precedents. But it seems to me Mr. ALEXANDER. Iwill~aytothegentlem~n that before the foolish on the part-of thisGovernment to enter into contracts im· matter reaches th.e Senate I will have an affid~v1t ?-rawn by Dun- posing penalties for the nonf~me nt of .such contract and t~en bar & Lee covenng that matter, and have It prmted with the to have Congress vote to remit the penalties upon the mere opm~ papers. ion of some official that under certain conditions the contract The bill was lai~ aside to be reported to the House with a favor- requirements might have been met. . . able recommendation. Mr. GRAFF. I yield to the gentleman from Callforrua [Mr. U~ION ffiON WORKS, OF SAN FRANCISCO. NEEDHAMl who reported this bill. The next business on the Pl'ivate Calendar was the bill (H. R. Mr. NEEDHAM. Mr. Chairman, I sincerely hope that this bill 460) for the relief of the Union Iron Works, of San Francisco, Cal. will pass. It has been unanimously reported by the - ~ommittee, 1900. CONGRESSIONAL- RECORD-HOUSE. 5293 although the gentleman from. New York [Mr. FITZGERALDj was The following amendment, recommended by the Committee on not present, I beli:ive, at the time the bill was considered. Claims, was read: The bill simply provides for the remission of a penalty which After "indemnity," in line 4., page 3, insert "in double the face value of was technically assessed against tbis company. The facts devel the coupons." oped were that under the contract the ve~ sel was req_uired to main Mr. SOUTHARD. Mr. Chairman, Senate bill 392 is identical tain a certain horsepower for four hours. It was developed upon in form with this bill. I movetbattbatbill besubstitutedforthe the trial that the ship did maintain the required horsepower for House bill and that the House bill lie upon the table. nearly two hours and the failure to develop it for four hours was The CHAIRMAN. The gentleman from Ohio asks unanimous caused by the fact that there could not be found upon the Pacific consent that Senate bill 392 be substituted for the House bill. rs· coast efficient firemen who understood properly the art of firing. there objection? The board that had in charge the vessel at the time of the-trial There was no objection. trip recommended that the Secretary of the Navy should pay the Mr. SOUTHARD. Mr. Chairman, this is a bill to pay the Gen full contract price, nothwithstanding this technical failure of the eral Marine Insurance Company, of Dresden, the sum of $1,434.12 ship; but the Secretary of the Navy, after a full investigation, came for certain coupons detached from United States bonds, which to the conclusion that he had not that power under the contract. coupons were lost at sea by the sinking of the steamer 01·egon, of And the board further found that the vessel subsequently did the Cunard Steamship Company. My recollection is that this oc maintain this horsepower for more than the required length of curred March 14, 1886. The proofs are all complete. We have time. here the receipt of Anna Schapp, properly acknowledged, indicat Mr. FITZGERALD of New York. I wish to say that that has ing that this insurance company have paid the amount of the not appeared-- coupons to the insured. We also havetheaffidavitof Anna Schapp Mr. NEEDHAM. That did appear in the testimony submitted that on the 5th day of March, 1836, she deposited these coupons by the board having in charge the vessel at the time of the trial at the post-office at the city of Amsterdam, in package No. 981, trip, and that board recommended that the Secretary of the Navy addressed to J. A. Horsey, post-office box 2079, New York City, should pay the full contract price, notwithstanding that there was U.S. A., and that said coupons were mailed as aforesaid for col a technical failure to meet all the requirements of this very rigid lection. contract. This vessel was accepted and has given eminent satis There is no question about the sinking of the steamship, no faction. This is the first time that this company has ever come question but that these coupons were mailed for collection, no to Congress with a case of this kind, and we all know, Mr. Chair doubt that they were lost, and, as I said, the proofs are all com man, that these trials are of the severest character, and that fre· plete. A bill similar to this passed Congress in 1898 in favor of quently a vessel may technically meet the requirements at a trial another claimant who sustained a loss of coupons by reason of at the cost of a weakening of the machinery of the vessel, and the this same disaster, the sinking of this same ship Oregon. We have contractors thus obtain from the Government the full contract a letter from the Secretary of the Treasury indicating that these price. But this board found that the machinery of this vessel wa.s coupons remain unpaid. The bill provides for the protection of in every particular more than ordinary; that it was excellent in the Government in case of their payment, and we can see no reason every respect. It seems to me, Mr. Chairman, in view of the pre· why this bill should not pass or how any objection can be offered cedents which Congress has established, that it would be only to it. fair and right that we should remit this penalty in this case. Mr. BUTLER. I ask unanimous consent that the House bill Mr. GRAFF. I move that the bill be laid aside to be reported (H. R. 6038) be reported back with the recommendation that it to the House ·with a favorable recommendation. lie upon the table. The CHAIRMAN. The Chair will call "the attention of the The CHAIRMAN. The gentleman from Pennsylvania asks gentleman from Illinois to the fact "that there is a. commit'ooe unanimous consent that the Honse bill be reported with the rec amendment. ommendation that it lie upon the table. Is there objection? Mr. GRAFF. I ask for avoteon the committee amendment. There was no objection. The committee amendment was agreed to. The bill S. 392 was ordered to be laid aside to be reported to The bill as amended was ordered to be laid aside to be reported the Honse with the recommendation that it do pass. to the House with a favorable recommendation. CHARLES M, KENNERLY. JOSEPH H. PENNY AND OTHERS. Mr. GRAFF. The next bill on the Private Calendar, No. 110 (H. R. 5220), for the relief of Charles M. Kennerly. It was intro The next business on the Private Calendar was the bill (H. R. duced by the gentleman from Tennessee [Mr. Srns] and reported 6038) for the relief of Joseph H. Penny, John W. Penny, Thomas by the gentleman from Missouri [Mr. ROBB], a member of the Penny, and Harvey Penny, surviving partners of Penny & Sons. Committee on Claims. I see neither of these two gentlemen on Mr. GRAFF. Mr. Chairman,. I desire to say that thi3 bill is the floor, and I therefore ask that the bill may be passed without reported by the gentleman from Iowa [Mr. THOMAS] and intro prejudice. duced by him. I myself do not feel familfar with the claim, and unless some other member of the committee does I will ask that The CHAIRMAN. The gentleman from lliinois asks that the it may be passed without prejudice. bill H. R. 5220 be passed without prejudice. Is there objection? The CHAIRMAN. The gentleman from Illinois asks unani Mr. RICHARDSON. I should like to have the title reported. mous consent that the bill H. R. 6038 be passed without preju The Clerk read as follows: dice. Is there objection? A bill (H. R 5220) for the relief of Charles M. Kennerly. There was no objection. Mr. GRAFF. I will state to the gentleman from Tennessee that I voted against the recommendation of the committee, and GENERAL MARINE INSURANCE COMPANY, OF DRESDEN, yet I do not feel like opposing the measure when Mr. ROBB, a member of my own committee, is not here, and when the gentle The next business on the Private Calendar was the bill (H. R. man from Tennessee [Mr. Srns) is not here. So I thought the 213) to pay the General Mari~e Insurance Company, of Dresden, f~il'est way to do was to ask that t_he bill be passed without preju the sum of 81,434.12 for certain coupons detached from United d10e. States bonds, which said coupons were lost on the Cunard steam Mr. LITTLE. What is the Calendar number of the bill? ship Oregon, sunk at sea March 14, 1886. The CHAIRMAN.• No. 110. The bill was read, as follows: Mr. LITTLE. How have we reached Calendar No. 110? Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, The CHAIRMAN. It has been reached in the regular order. authorized and directed to pay to the General Marine Insurance Company Mr. GRAFF. It has been reached in the regular order, I will of Dresden, the sum of $1,43!.12, in full payment for the following-described coupons detached from United States bonds, which said coupons were lost say to the gentleman from Arkansas, and I thought the fairest on the Cunard steamship Oregon, sunk at sea March 14, 1886, to wit: thing to the people who are interested in the bill, as long as they United States 4t par cent loan of 1891, coupons $5.62 each, due March 1. are not here, is to have it passed without prejudice. 1886 numbered: lili, 1()(9, 1219 to 1222 inclusive, 1225, ~. 1499 3102 to 3108 inclusive, 3706 to Mr. LITTLE. I will ask how Calendar No. 79 was passed? It 3708 inclusive, 3783, 4007, 4558, 5148 to 5167 incluSlve,1 8616 to 8619 inclusive, 8675, has not been considered by the committee. 8927, 8928, 9510, ll362. Mr. GRAFF. I advise the gentleman to look at the date of his United States 4t per cent loan of 1891, coupons $11.25 each, due March 1, 1886, numbered: Calendar. 152.5, '7229, 7487, 8!51, 8852, 12689, 14733, 21381, 29071, 315!5, 32388 to 32391 inclusive, Mr. LITTLE. My Calendar is dated May 7. 32392 to 32400 inclusive, 33313, :mu, 33350 to 31353 inclusive, 35154. 3.5155, ~ Mr. GRAFF. I think the gentleman is not looking at the Pri 35915 to 35924 inclusive, 38144, 38145, 89157, 43837, 44599, 44600, 44965, 44966, 44968 to vate Calendar. 44972 inclusive, 4-5004-, 45238, 46175, 46176, 474.-02. 474ml 47594, 51109, 52147, 52148, 52209, 52511, 52515, 52516, 52528, 52587, 52827 to 52831 inc usive, 54508, 54509, 54513, Mr. LITTLE. That is correct. 54520 t-0 54524: inclusive, ~. 5.5898, 55899, 55986, 56076, 56129, 58317, 584.fil, 68376, The CHAIRMAN. Is there objection to the request of the gen 68390, 7684.0, 76841, 80t26. SG>IB, 80030 t-0 80632 inclusive, l~J.83. tleman from Illinois? Provided, That before the redemption of sa.id coupons the said General Marine Insurance Company, of Dresden, shall execute, or cause to be ex There was no objection. ecuted, and depositwitb the Secretary of the Treasury, a bond of indemnity, EDWIN L. FIELD, with good and sufficient security, subject to the approval of said Secretary, to securo the United States against loss or damage in consequence of the The next bn.siness on the Private Calendar was the bill (H. R.150) redemption of said coupons. for the relief of Edwin L. Field, of Gray, Cumberland County, Me, 5294 CONGRESSIONAL ·RECORD-HOUSE. MAY 8,. The bill was read, as follows: finding of fact, to wit, the sum of $60,100, the same shall be paid, out of any money in the Treasury- of the. United States nllt otherwise appropriated, to Be it enacted, etc., That the Secretary of the Treasury be, and is hereby, the legal representatives of the said Aaron Van Camp, deceased, and the authorized and directed to pay to Edwin L. Field, of Gray, Me., $3,700, out of said Virginius P . Chapin, deceased, as their respective interests may appear, any money in the Treasury not otherwise appropriated. being the amount and the new action to be brought under the provisions of this act shall be in ofa judgment against him recovered by James R. Atkins, forpersonalinjuries the name of said legal representatives. sustained by the parting of a. guy to a derrick owned by the United States, while beim~ used by the War Department in the construction of the two-gun The amendment recommended by the committee was read, as battery at Portland Head, in the town of Cape Elizabeth, Me., provided said Field produces evidence satisfactory to said Secretary that he has paid said follows: .judgment. Strike out all after the word "claim," in line 11, page 2, down to and in· Mr. GRAFF. Mr. Chairman, I yield to the gentleman from eluding the word "claim," in line 21, on same page. Virginia fl\Ir. OTEY]. a member of the committee. Mr. GRAFF. I yield to the gentleman from California, a Mr. OTEY. Mr. Chairman, this is a bill for the relief of Edwin member of the committee, who reported this bill to the House. M. Field, who was for five years in the employ of the United Mr. NEEDHAM. Mr. Chairman, as I remember this case, it States Government as master workman. A derrick fell on J. R. was submitted to the Court of Claims once, but the court failed Atkins, and he was jnjured seriously and permanently, and to find upon the question of liability of the United States; and Field had to pay the damages for the injury. It was Govern this simply provides that the case shall be resubmitted, in accord· ment work. The matter has been referred to all the officers of auce with the former action of Congress, for the purpose of find· the Department, the Secretary of War, the proper legal officer, ing upon this one question that the finding of the Court of Claims and is fully covered in the report. Unless it is desfred to go over was silent upon. As I remember the case, it i~ just simply to the whole report, I move the bill be favorably reported. I can supply that deficiency upon which the Court of Claims failed to only say that tbe committee were unanimous in their recom find in the former submission. I move that the bill be laid aside mendation that the bill nass. · with a favorable recommendation. The bill was ordered to be laid aside to be reported to the House Mr. PAYNE. Mr. Chairman, I did not understand what the with a favorable recommenuation. gentleman said, If the report is not too long, I would like to hear JOHN M. MARTIN. it read. The next business on the Private Calendar was the bill (H. R. The Clerk proceeded to read the report. 3044) for the relief of John M. Martin, of Ocala, Fla. Mr. GRAFF. Mr. Chairman, I ask unanimous consent that The bill was read, as fo1lows: this bill may be passed without prejudice; the report is so long, Be it enacted, etc., That the Treasurer of the United States do pay to John and I am not familiar enough with the case to make a statement. M. Martin. of Ocala, Fla., out of any funds not otherwise appropriated, the The CHAIRMAN. The gentleman from Illinois asks tha.t the sum of ~12.53, which was deposited by said John M. Mai·tin as postmaster at bill be passed without prejudice. Is there objection? [After a Ocala, F'.a .. in the Merchants' National Bank of Ocala, the same being post· office funds and lost by the failure of said bank. the money having been paid pause.] The Chair hears none. • and made go:id to the Government by said Martin: Provided, '.rhat there w H L PEPPERELL shall be deducted from the above sum any dividend which said Martin may • • • ' ha.ve rece~Ycd f~om t_he recaiver of said bank: An~ provided fu1·ther, ~hat The next business on the Private Calendar was the bill (S. 1284) sa!d Ma1·tm sh::ill a.ssig.n t~ the G~vernment all clauns he may have agamst I for the relief of w. H. L. Pepperell, of Concordia, Kans. . said bank on account of ~1d deposit. . The bili was read as follows: Mr. GRAFF. I yield to the gentleman from Florida [Mr. Be it enacted, etc., T~at the Postmaster-General be, and he is hereby, au- DAVISl, who introduced the bill. thorized and directed to cause the accounts of W. H. L. Pepperell, late post- Mr. DAVIS. Mr. Chairman, the bill just read has been reported master at Concordia, State of Kansas, to be credited with the sum of $1,545, · } " bl b th Ccmmittee on nlaims Mr Martin and that he cause said credit to be certified to the Auditor of the Treasury unammous y, iavora y, Y e " · · for the Post-Office Department,"being on account of the loss of $1,34:5 in post had deposited some post-office money in the national bank iii the age stamps and S:..'00 in postal funds stolen from said post-office on August 21, town in which be resides. It was the only depositary available 1887, it appearing that said loss was without fault or negligence on the part to him and the only means he had of taking care of the post-office of said late p0stmaster; and the mid sum of $1,545 is hereby appropriated., money of the Gm·ernment. The bank failed. The amount of out of any moneys in the Treasnry not otherwise appropriated, to pay saia claim. . money named in this bill had been deposited by Mr. Martin as Mr. CALDERHEAD. Mr. Chairman, I did not introduce the postmaster. He was required, as a matter of course, to make bill. It is a Senate bill, introduced by Senator BAKER, of Kansas; good tho money to the Government. He had been a faithful post- but, as the bill states, it is a claim for a loss by the postmaster. m~~:r~atter was presented to the p t-Office Department, and The loss occurred in 1887, bya burglary. Immediately afterwards 03 he reimbursed the Department for the loss. A similar bill passed they determined that, while the claim was meritorious, there was the Senate in the Fifty-second Congress; a similar bill passed the no means by which it could be paid except by legislation. The House in the Fifty-third Congress; the same kind of a bill passed matter was considered by the Committee on Claims, and they have th s t · th Fifty f th c d Ith· k · h F' ft een fit to give it a favorable recommendation. The Postmaster- e ena em · e - our · ongress, an m mt e 1 Y· S fifth Congress. It has been favorably reported by every commit· General himself says in his letter that.if claims of this character tee that has ever considered it. It bas twice or three times nassed are to be recognized at all, he knows of no claim more meritorious the Senate and once the House, without either occurring 1n the than this one. I ask, therefore, that it may receive favorable ac- same Congress. tion here~ There is a letter from the Auditor of the Department stating Mr. GRAFF. I move that the bill be laid aside with a favor- that under the construction given to the statute now if this claim able recommendation. - was before him de novo he would allow it; but following the rule The motion was agreed to. on the subject, they refused to reverse the ruling of their prede· AARON v AN CAMP AND VIRGINIUS P, CHAPIN, cessors. I think there is no question but what the claim is entirely The next business on the Private Calendar was the bill (H. R. just, and I will state that I am personally acquainted with the 4303) for the relief of the heirs of Aaron Van Camp and Virginius claimant. · P. Chapin. The bill was ordered to be laid aside with a favorable recom· The bill was read, as follows: mendation. Be it enacted, etc., That the claim of Aaron Van Camp and Virginins P. JOHN C, BATES AND JONATHAN A, YECKLEY, Chapin against the United States (CongressionalQa.se No.104.9), the fi_ndings of fact in which were transmitted to the House of'R-epresentatives by House The next business on the Private Calendar was the bill (H. R. Miscellaneous Document No. 81, Fifty-first Congress, second session, is hereby 2824) to pay certain judgments against John O. Bates and Jona- referred to the Oonrt of Claims, to hear and determine the question of the th A y kl t · d fi t }' t t · th U 't d St t liabilityoftheUnitedStatesforthelossesfound bysaidcourtinitssaidsixth an · ec ey, cap am an rs ieu enan m e Ille a es finding of fact, with jurisdiction to hear and determine the same upon the Army, for acts done by them under orders of their superior offi· principles of law and equity and in compliance with the rules and regulations cers. of r~~ ~~~h; event the said court shall be of the opinion that the United The bill was read, as follows: States is justly liable, under all the circumstances of the said case, for the B'e it enacted, etc., That the Secretary of the Treasury be, and he hereby losses and damages sustained by the said decedents by reason of the acts of is, direct.ed to pay, out of any moneys in the Treasury not otherwise appro their officers in the premises, the said court shall render judgment in favor priated, a certain jndgment against Capt. John C. Bates and Lient. Jonathan of the claimants for the amount found to be due by its sixth finding of fact A. Yeckley, United States Army, as defendants in an action brought against in the said Congressional case No. 10!9, as set forth in the report of the said them by W:N. Belmont Clark and W. Ward Bill, rui plaintiffs, for acts done court to the Speaker of the Honse of Representatives on January 8, 1891: by said defendants in compliance with orders of their superior officers; said Provided, 'rhat no statute of limitations shall be pleaded in bar of the recov· judgment having been rendered in the Third judicial di:strict court of Dakota. ery of said claim: And promdedfurther, That in determining the question of Territory and affirmed upon writ of error to the Supreme Court of the the liability of the United States the said court shall consider the testimony United States, amounting to $2,416.66. and costs in the coru·t oolow to Sl6.58, submitted to it in the investigation of said Congressional case No. lQ.!9, to- a.snli4kceowis~sseindtu.~eecSt'euprtoempeayCotth1retttwo $2 6e.6v2e. raAnlJ.dutdhgemS e ct1s·e.tna1·!voofrth ~ 'wl'r.ewasuarry gether with all affidavits, documents, and reports of Congressional commit- 1 d 0 8 0 0 1 1 ~ 0J. d tees touching the question of liability of the United States and heretofore Bill and W. N. Belmont Clark, respectively, against the afore aid defendant, filed in any of the Departments of the Government;· also the reports of offi· Capt. John C. Bates, United States Army, arising out of the same transaction, cers of the State and Treasury Departments of the United States in the set- for the sum of $9TI.83, and $16.58 costs in each case; said judgment having tlements of accounts of the officers of the United States in connection with been rendered by the Third judicial district court of Dakota Territory, at the the said claim. . same time and place as the aforeEaid jud£]Ilent affirmed by the Supreme And furthermore, that if the judgment shall be rendered against the Court of the United States, no writ of error having been filed in said judg Unlted States for the amount found and fixed by said court in said sixth ments, the same questions being involved as in the aforesaid judgment 1900. CONGRESSIONAL RECORD-HOUSE. 5295 appealed to the Supreme Court of the United States, with interest upon all [Honse Report No. 2038, Fifty-fifth Congress, third session.] of said judgments according to law. The Committee on Claims, to whom was referred the bill (S, 31 \9) for the relief of Mary A. Swift, submit the following report: . l\fr. SOUTHARD. Mr. Chairman, the facts in this case are, as This bill is the same as H. R. 8765, now pending in the House-and previ far as I can recollect, beyond dispute. This bill is to provide for ously reported by this committee with a favorable recommendation. the payment of cert.a.in judgments against John C. Bates and Jona Your committee therefore recommend that this bill be substituted for said than A. Yeckley, that came first to the Tenitorial court and were House bill and that said Honse bill lie on the table. affirmed in the United States court3, for the destruction of certain property. The destruction of property was, of course, by order [Senate Report No. lill, Fifty.fifth Congr~ss, second.session.] The Committee on Foreign Relations, to whom was referred the till (S. 3U9) and direction of the officers of the Army. John C. Bates was a . for the relief of Mary A. Swift, having bad the same under consideration, beg captain and Jonathan A. Yeckley was a first lieutenant in the leave to submit the following report: . Army.. They were jn charge of a station o;.1t there, and they were This bill is now before the committee for the fourth time, and the views of directed to enforce the provisions of a cer~ain statute which for the committee upon the subject are em.braced in the reP.ort made from this committee by Mr. Cameron in the first session of the Fifty-fourth Congress, bade the sale of liquor to Indians in the In6ian country out there. which was as follows: They seized the store of W. N. B. Clark and W.W. Bill, who, as Upon an examination of the Journals of both Houses of Congress your I understand, were :partners conducting a sort of general store committee find that in the first session Fifty-second Congress a bill was favor ably rel'orted from the Committee on Foreign Affairs of the House for the out there. relief ot Mrs. Mary A. Swift (Honse Report No. lOb~), but failed to receive the Among other things they sold liquor. The testimony, however. action of that body during that Congress. . indicates that liquor formed a very .small part of their stock in In the same session and Congress a bill for the relief of the same claimant was favorably reported by Mr. D.A VIS, of Minnesota, from the Senate Com· trade; but they had some liquor, which they were selling, doubt mittee on Foreign Relations (Senate Report No. 810). less, to the Indians. It was determined, however, in the Terri The bill also failed of action in the Senate during that Congress. torial court-and afterwards the same question was redetermined Again, in the se~nd session, Fifif-third Congress, a. similar bill was favor ably reported by Mr. DANIEL, of Virginia, from the Committee on Foreign irl the United States court, and afterwards it went to the Supreme Relations (Senate Report No. 319). It again failed to receive action in the Court-that the territory in which they were selling liquor was Senate during that Congress. _ not the Indian countrv. It was outside of the border land. It Your committee. upon a further consideration of the subject (which comes before it for the third time), affirms its previous action, recommends the was where, in other words, they bad the right to sell liquor. . The passage of the bill, and adopts the former report as the basis of its present place where they were selling the liquor did not make .it in con action. travention of law. They obtained judgment in the Territorial The report heretofore made by the committee in two previous Congresses court; that was taken to the United States court, and judgment is as follows: · · "The bill under consideration is for the relief of Mary A. Swift, widow of was rendered in one or two cases against these officers of the the late Hon. John F. Swift, who was appointed envoy extraordinary and Army. The orders directing these officers to enforce this law minister plenipotentiary of the United States to Japan March 16, 1889, and were before the committee, and all the correspondence, etc., mak died in that country during the second year of his incumbency of that office, March 10. 1891. The bill appropriates $12,000 to the beneficiary, being the ing this very clear. amount of one year's salary. The other cases being precisely similar in character, the affirma "There have been many precedents in our diplomatic history where action tion of judgment in the United States court went off on the same bas been taken by Congress corresponding to that provided for in this bill. Those most readily occurring to the committee include-the widows of Gen line, evidently as a matter of course. These judgments are still eral Hurlbut and Seth Ledyard Phelps, ministers to Peru in different years; unpaid. So far as we can ascertain, they are in full force as General Kilpatrick, minister to Chile, and Rev. Henry Highland Garnett, against these officers, Yeckley and Bates. They have not been able minister to Liberia, to each of whom payments were made or a full year's salary, together with many other instances in which smaller payments were to collect them, however, and the purpose of this bill is to satisfy authorized, to correspond with circumstances of lesser exigencv. But the these judgments. Doubtless if these officers were good, they would committee has not been able to find any case in which the conditlons call for be obliged to satisfy the judgment. Whether they are or not I do more liberal treatment than that under consideration. not know, but, in any event, they did it under the express orders "At the time of the appointment of Mr. Swift, Japan, under the guidance of enlightened ruler!!, wa.c; in·o~ing through the darkness of centuries of of their superior officers, and they ought not to be made to stand Eastern absolutism toward the hgbt and blessings of representative govern the burdens which will come to them in that way. The committee, ment. This fact, and the fact that this wonderful people looked to ours for so far as I recollect, were unanimous in making this report. I ask inspiration and example, Jed to the selection as minister of Mr. Swi~. of Cali fornia, not merely as a gentleman of high and peculiar qualifications for the that the bill be laid aside with a favorable recommendation. mission, but as a resident of the American State most closely allied to that The question was taken; and the bill was ordered to be laid aside country in nearness and commercial relations. to be reported to the House with a favorable recommendation, "lt will be remembered that, while a more liberal policy bas recently ob· tained, the sections of their cities within which foreigners were permitted to MA.RY A.. SWIFT, reside were limited to small areas, called 'concessions.' The house of the American le~ation was held by lease in the 'concession' at Tokyo, an un healthy locality, where malaria had developed typhoid fever, cau ing death The next business on the Private Calendar was the bill (H. R. at the legation. When Mr. Swift arrived this house was uninhabitable from 6749) for the relief of Mary A. Swift. defective drainage and other sanitary imperfections, necessitating a large expenditure to make it fit for occupancy. The Clerk read the bill, as follows: "After Mr. Swift had occupied it only three months the property was sold, a renewal of the lease was denied, and the new owners demanded and were al Be it enacted, etc., That the sum of $12,000 be, and is hereby, appropriated, lowed immediate possession. It thus became necessary to seek new quarters, out of the money in the Treasury not otherwise appropriated, for the relief and a site was chosen near the legations of the other great powere, and Mr. of 1\Iary A. Swift, widow of the late John F. Swift, envoy extraordinary and Swift contracted with a wealthy Japanese for the building of the new legation. minister plenipotentiary to Japan, said amount being the salary allowed by After the building was a.bout two-thirds completed the Japanese Govern law to the above-named office for one year. ment bought the entire place without consulting the American minister and made a tender of it to the United States Government, with the condition that Mr. GRAFF. Mr. Chairman, I yield to the gentleman from the United States would purchase the house at a cost of $30,000. New York rMr. SULZER], who introduced the bill. "The work on the house was discontinued, the foreign office of Japan Mr. SULZER. Mr. Chairman, the bill explains itself. There claiming that it was the business of the contractor to finish it, while the con tractor claimed that, as the property had been bou~ht by the Japanese Gov· is nothing of especial importance to be said in regard to it. It ernment, it was their business to complete it. Having been turned out of the is a very just measure, and in accordance with the precedents of old legation and not being able to live in au unfinished house, it became nec the G "Widow of William E. Venable, who died while minister to Guatemala in eminent diplomatic officer, his widow received the balance of one 1857. 5.636.87, the balance of one yea.r's salary. (Act of December 23, 1884.) year·s salary, the exact amount not beinb"' stated. "Widow of E. Rumsey Wing, who died while minister to Ecuador, six months salary. everv two weeks. When the time came that the Government de- The cases of those 18 who immediately died were taken up and sired to close the establishment, it did so, when about nine days' $5,000 for each death was paid to the legal representatives of the wages were due to these employees.. . deceased. Subsequently all of the 7 remaining deaths which oc- lf the employees had known what tlie Government knew, they curred afterwards were taken up but one. . The legal representa wonld have saved their money; but they were not aware of the tives of 6 of them were recompensed in the sum of $5,000. The fact that the Government was continuing the manufacture of only claim remaining unpaid for death is that of William F. cigars, with the full knowledge of the frauds that were being per- Ragan; and he appearedi not immediately afterwards, when the ·petrated. I do not criticise the Government for that, b~cause it inquiry was taking place by this commission, and attempted to was probably necessary in order to make further discoveries; but give testimony, but there were others who had prior right in their when they closed, and tlm entire establishment was forfeited tr. 'order, and hence he could not be heard at that time. the Government, these poor paople had a claim for nine dayt/ I He was suffering then, especially in his lungs, from the pnlver wages. Under the law of Pennsylvania these wages would have I ized plastering dust which resulted from the collapse of the build been paid; they would be a lien upon the proceeds of the goods ing. The fact that he did appear is shown by Mr. Brookshire, that were sold. The Government sold all the cigars and tobacco then a member of the House, and also a member of this commis in the establishment and realized from them a total of $37,387. sion which was taking the testimony. He came some two or These employees lost their wages for that length of time. This three times for this purpose, with his witnesses, but was post bill authorizes the Government of the United States to make them poned to a lat.er day. In the meantime, on account of his he.alth, whole bv paying that small amount of money otit of the proceeds which was growing worse with each week on account of this of the cigars which their labor made for the Government of the disaster and the injuries which he received, he was compelled to United States. It is a small amount. go away for hifi health, and for two years he traveled in the South I would like the attention of the chairman of the committee for at the expense of his father, who was a poor man, and finally died, a moment. I should like to make one or two formal amendments at the end of about two years after the disaster. to the bill, by striking out the words, in the third line, "the Com- The fact that his death occurred from the injuries was shown missioner of Internal Revenue" and inserting the _words "the by evidence, a synopsis of which appears in the report. I saw Secretary of the Treasury." That is a formal amendment. And myself a picture of this young man taken just prior to the disas also, in the twelfth line, strike out the words" Commissioner of In- ter. He was 27 years of age, 5 feet 7 inches in height-a splendid ternal Revenue" and insert the words '.'Secretary of the Treas- looking young man. His old father was compelled to pay out a ury;" and at the end of the bill, with the consent of the ch.airman large amount of money during the period of travel for his health of the committee, I would like to add the words "and a sufficient and medical aid, which he needed in the interim, and he was com sum is hereby appropriated out of any money in the Treasury not pelled, as I was advised by the gentleman from Tennessee [Mr. 'otherwise appropriated." BROWNLOW], who sits near me, to sell his home for the purpose Mr. GRAFF. I have no objection to that. of trying to coax back his sick boy to health. The amount an.owed Mr. BROSIUS. I ask that those amendments be adopted. is $5,000, and we are assured that this is the last of the sufferers The Clerk read as follows: from the Ford's Theater disaster. On page l,line3,aftertheword "the,"strikeoutthewords"Commissioner Mr. lt1ADDOX. What is the evidence you have as to the right of Internal Revenue" and insert the words "Secretary of the Treasury;" of this gentleman to recover? · in lines 12and13 strike out the words "Commissioner of Internal Revenue" Mr. GRAFF. The right to recover was established by the ac- :i.nd insert the words "Secretary of the Treasury;" page 2, line 4, insert: "and a sufficient sum is hereby appropriated out of any money in the Treas- tion of the commission. ury not otherwise appropriated." Mr. MADDOX. I want to say to the gentleman that I was a The CHAIRMAN. Without objection, the amendments will member of that commission myself. be considered as agreed to. Mr. GRAFF. Of course there was no legal right to recover. There was no objection. Mr. MADDOX. What e-\"idencehave you that he has any right The bill as a.mended wa& ordereJ to be laid aside with a favora- to recover at all? I want to say to the gentleman that this com- ble recommendation. mission was all of four years hearing this evidence. ROBERT A. RAG.AN.. Mr. SOUTHARD. There was evidence before the committee The next business on the Private Calendar was the bill (H. R. that the boy was perfectly well before this accident occurred; 1409) for the relief of Robert A. Ragan. that immediately after the accident, on the same day, I think, he The bill was read, as follows: was seen and found to be suffering, and found to be spitting blood. · Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, Mr. MADDOX. What was the evid~nce before the committee? authorized and directed, out of any money in the T:easury not ot~erwi~e ap- Mr. GRAFF. I will read a portion of the abstract of the testi- propriated, to pay to Robert A. Ragan, of Washington. D. C., hlS heirs or h. h · th t legal representatives, th~ sum of $5,UOO, in full and final .settlemeJ?.tpf his mony W IC appears m e repor : claim for damages sustamed by reason of the death of his son, Wilham F. Ragan, from injuries received in the Ford's Theater disaster, June 9, 1893. Hon. E. V. Brookshire, who was air.ember of the Ford Theater Commis sion; William .ii~. Ragan, deceased, son of claimant, fiJed claim for injuries re Mr. GRAFF. Mr. Chairman, I reported this bill in behalf of ceived at the Ford Theater disaster with tho Ford Theater Commission. the committee. The facts are these: Mr. William F. Ragan was Came to the commission twice with witnesses to be heard. Was unable to do so because of other matters before it. Was too ill to appear again and had a young man in the employ of the United States Government in left the city for his health. Did not return unti1 commission expired. Sev the Ford's Theater in this city in 1893, when the well-known dis eral deaths resulted from injuries similar to those stated in this case. aster occurred by the collapse of the building. Hon. WALTER P. BROWNLOW, Tennessee: Knew William F. Ragan from childhood; saw him frequently; was from my Congressional district. Before At that time an act was passed, in the Fifty-third Congress, the Ford Theater disaster was strong and healthy. Saw him that day after authorizing the appointment of a commission, composed of five accident on his way home, bareheaded, without coat, and bloeding at the Senators and five Members of the House, to inquil'e into that dis mouth. Said he was badly bruised; did not know how badly injured. Saw aster, to summon witnesses and to hear testimony, for the purpose him often thereafter until his deatn. Began very soon to decline in health, and continued to do so until his death. Learned from him that injury caused of determining, first, the liability of the Government for injuries extreme nervousness and a severe cough. The claimant, Robert A. Ragan, which bad been produced by reason of the disaster; and if the was at great expense trying to restore his son's health. Sent him, with his commission determined that the Government should equitably be brother to care for him, to Texas, Colorado, North ·carolina, and Tennessee, covering a period of two years; sacrificed his home doing so. No doubt death liable for the injuries, then they were to .bave before them the was due to accident. different claims, to hear the matter, and to report to Congress Dr. W. P. C. Hazen, 511 East Capitol street: Was called to see William F. the amount of money, in their judgment, which should be paid for Ragan after the accident at Ford Theater. Found him suffering from severe nervous shock, his breathing difficult on account of great amount of deaths and for less injuries. dust inhaled while incarcerated in the building. He developed immediately, Mr. STEELE. Is not the gentleman mistaken in saying that as a result of said accident, a bronchial catarrh, caused by inhaling the dust, composed of lime and other foul material, so affecting his general health was the Forty-sixth Congress? that it was an absolute necessity for him to leave the city. The greater Mr. GRAFF. The Forty-third Congress. part of two years was spent in travel trying to regain his health, but of no Mr. PAYNE. You mean the Fifty-third Congress. avail. He c1ied from said bronchial catarrh September, 1897. Deceased pre Mr. GRAFF. That is so. As I understand, the building was vious to accident was a sound, healthy young man, who took the best of care of him.self. in process of repair, and there was an attempt made to sustain the Robert A. Ragan, claimant, father of William F. Ragan, deceased: Son building by timbers and scaffolding whUe it was in the process of lived with me and contributed to my support. Was 27 years old at time of repair, and the employees of the Government remained in the death, September 26, 1897. Height, 5 feet 7 inchesb·weight, 160 pounds before disaster. JI; caused him nervous prostration. ust and ~as irritated his building at the time that the repairs were going on. It was de throat and lungs, resulting in death. Deceased filed claim witb Ford Theater termined by the commission that it was negligence on the part of Commission for his in.juries. Before his case could be heard his health re the contractors or the party in charge of the building to allow quired him to leave Washington for 'rexas, Colorado, and Tennessee. Did not return until commi.Esion expired. Deceased was unmarried and without the repairs to go on in that way, and that the collapse was the re property. Medical treatment and expense of travel, accompanied by his sult of that negligence; and the commission recognized the equita brother to care for him, amounting to more than $1,000, was paid by claimant. ble liability of the Government to pay for the damages sustained Charles A. Ragan, brother of deceased: Arrived at scene of disaster fifteen minutes after it occurred. Brother just escaping. Was informed by him by the employees when they were incurred at the time the disas that he had fallen down and been trampled upon; covered with dirt and ter occurred. There were 18 immediate deaths and 7 deaths which bleeding. Accompanied deceased through South and elsewhere in search of i·esulted shortly thereafter from injuries thus sustained. health. Expenses paid by my father. Deceased had no property. 1900. ·OONGRESSIONAL REGORD-HOUSE. 5299 Mr. MADDOX. What is the date of the evidence you are read- $1,000 of his own money-after he had ruined himself financially ing- from? · in taking care of his son-it was equitable that this amount should Mr. GRAFF. This is the evidence that was taken and filed go to him. I am informeq _by a gentleman here who was a mem 1befure the committee. ber of the commission that this is exactly the manner in which -·Mr. MADDOX. Have you a report of the medical commission? they made the awards payable. Mr. GRAFF. No; he was not examined by the medical com- Mr. CRUMPACKER. I understand, from the statement of the miss:on: he was absent. - case made by the chairman of the committee, that the son during Mr. SOUTHARD. He appeared twice before the commission. his lifetime contributed to the support of the father. Mr. GR.A.FF. He was absent from home for some time. Mr. GRAFF. Exactiy. · . Mr. MADDOX. He was here some time after the accident. Mr. CRUMPACKER. So that the father had a pecuniary in Mr. GRAFF. Not very long. He went to the commission on terest in the life of the son. two or three occasions, but all this time his health was in bad Mr. GRAFF. He had. condition. He was not employed in any pursuit; he stepped out Mr. CRUMPACKER. I think that answers the requirement from this act of employment and ceased to do anything, apparently of every statute in the country on this subject. in need of money and yet doing nothing. . Mr. STEELE. I do not see how it was necessary for the son to Now, the man who sat next to him in the theater said: contribute to his father's support, if the father was able to send both his sons off on a tour for their health. lieinhold Springsguth: William F. Ragan, deceased, sat in seat adjoining Mr. GRAFF. He sold his home in order to do it. affiant at the time of the Ford Theater di11aster. Was from ten to fifteen minutes· before they could (scape from building, which imlll.edfately filled to Mr. MADDOX. I would like to occupy a few minutes. P~r suff()(',ation with brick and mortar dust and escaping gas, rendering breath mit me to my that this commission was established during the ing almost impossible. Affiant still suffers from effects of same. Before dis Fifty-third Congress, and I was appointed as one member of it. aster Ragan was a strong, able-bodied young man. Failed very rapidly after wards. Had a cough nnd nervous trouble. Stated was due to accident. We examined t.hese cases. In fact, we held court practically for ' .:..shby E. Bain: Was in Ford Theater building day of disaster. William four years during the sessions of Congress, and on one or two F. Rag-an rnt next to him when it occurred. The room filled at once with occasions during the recess. We tried every case upon its merits. dust from brick and mortar and escaping gas. Before that time Ragan was a strong and healthy young man. He failed very rapidly thereafter. Was We invited everybody interested to be present. 1 have some re.col affected with nervousness and cough. . lection of this case. , This gentleman was invited to be present. E. B. Hughes, Winfield S. Clark, and Loyd Weaver: Each state that Wil Nobody was ever turned away, so far as I have heard. liam F. R~an's health was good before disaster; failed rapidly thereafter. Knew him mtimately and saw him often. Whether this claim be a just one or not, it is more creditable, William F. Ragan, deceased, in claim filed before Ford Theater Commis to say the least, than some things which happened in connection sion: The shock to my nervous system was such that it brought on insomnia with the history of this Ford Theater matter. '!'his disaster was in most extreme form. This was the beginning of the decline of my health, together with a cough from dust which I inhaled in building at the time of brought about, as the evidence before the commission disclosed, this accident, resulting in hemorrhages. I now have difficulty in sleeping in this way: The present Chief of the Record and Pension Office and in breathing. My condition is such that I am unable to work. undertook to put an electric-light plant under that building, and. according to the evidence, he went to work upon the advice of Mr. MOODY of Massachusetts. Is there anything to indicate an ordinary stationary engineer and undermined that building so whether the commission passed upon this claim? that it fell in upon those clerks. Mr. GRAFF. They did not pass upon it. This claim has been That was the evidence before the commission. Instead of call thoroughly investigated, I will say to the gentleman, with a great ing upon rnme engineer of the Department-somebody that knew deal of prejudice on my part, because ordinarily I should want somethi!!g about this business-he deliberately went ahead with to have a court examine into the matter. The commission diC. out the advice of any expert and undermined that building so establish as a general proposition that they would recompense that it fell in upon those people. You will find· by examining the those who were injnred in that disaster. This young man is now evidence that a number of the clerks who were there when this dead, and did seek to get the benefit of the inquiry by the com work was being done became alarmed at the condition of things mission in his lifetime, but was compelled to go South with his and took their leave. Some of them went fishing, some went brother because he was in a declining condition. It seems to me elsewhere, simply because they knew what was going to trans· there ought to be no question, after the establishment of the con pire. And the attention of the officer who directed this excavat nection by medical authority between his death and the disaster, ing was called to the dangerous character of the work. The in giving him the same amount that others had. result was that the building fell in, and a number of people Mr. BARTLETT. As I understand, the Ford Theater Investi were badly injured; some killed. An investigation was held in gating Commission was for the purpose of compensating .those this city by the coroner, and the officer to whom I have referred who were injured for the injuries they received, and to compen was held for murder, or something of that kind-I do not know sate those who would be entitled to recover for the injuries they what. received by the death of the employee. Mr. GROSVENOR. He was indicted and tried . . Mr. GRAFF. That is true. Mr. MADDOX. I do not think he was ever tried before any Mr. BARTLETT. Under what principle of law would the jury. The facts are these: That notwithstanding the evidence father crf an adult son be entitled to recover damages for the death went conclusively to show that it was through his neglect that of a son? Before the gentleman answers that, I know full well the building collapsed, this House turned round and absolutely that at comm.on law you could not recover for the homicide or paid him for all the expense and trouble he had incurred in the death of the party at all; it is altogether governed by statute. conrse of the investigation of his own wrong. The most the States have done, according to my recollection, is to Mr. GROSVENOR. Anq the expenses of his trial also. say where the father-or if the father is not living, the mother Mr. MADDOX. And of the trial also. Now, as to this partic was dependent for support upon the person who was killed, this ular case, I do say this for the commission, that we held the door parent shall have the right to bring a suit against those who were open for four years. We gave careful and close investigation to liable for the homicide. the matter. In other words, we tried every case upon its merits, Mr. FITZGERALD of New York. I will say to the gentleman and the number of them was about 150, as I recollect. We invited that the statutes of New York are much broader than that. them all to come in. I think this gentleman whom you speak of Mr. BARTLETT: I did not mention any particular State. now was in Denver, Colo., at one time, when his case was called. Mr. SOUTHARD. The statutes of most of the States are Now, I am unable to say what the evidence was as to him; but broader than that. there was a medical commission appointed, consisting of one mem Mr. BARTLETT. I investigated thematter thoroughly at one ber from the Navy, one from the Army, and one frmn. civil life, time, and I do not think the statutes of most of the States are as I recollect, to examine all of these men who were hurt as to broader. their injuries and the extent of them, and that is the reason I Mr. GRAFF. Right here in the District of Columbia there is asked the gentleman the question as to whether this claimant had a statute with reference to personal injuries. been examined by that commission or not. Mr. MADDOX. The commission, I think, adopted a different Mr. GRAFF. That is all right. I invite investigation of every rule from that contended for by my colleague. . case which we present. Mr. GRAFF. In other words, this would be in harmony with Mr. MADDOX. But I do say that we gave opportunity to every the action of the commission in that regard? body who had any claim. It is true we rejected some of them, Mr. MADDOX. !think it would . because they had no case, but as to this particular case I can not . Mr. GRAFF. Butlwish to say in addition that in this District say. there is a statute providing that in case of the wrongful death of Mr. GRAFF. It is true, however-- a person by the act of another, the personal representatives of the Mr. MADDOX. · The court was open for four years to give deceased-for instance, the administrator-may sue for and re them a chance to establish their claims. cover damages, the amount being limited to $10,000; and the Mr. GRAFF. It is true that Mr. E. V. Brookshire, a member amount recovered is distributed as though it were the estate of an of the House, was a member of your commission. intesbte, and goes to the heirs at law. But in this case it seemed Mr. MADDOX. Yes; and Judge Daniels, of New York, was a to me that when the father had already paid out something like member of it also. Senator Harris was chairman. 5300 CONGRESSIONAL RECORD-HOUSE. MAY8, Mr. GRAFF. Mr. Brookshire states that this claimant was The testimony of a large number of witnesses, filed with the there several times when yon were trying other cases, and then committee, shows that this accident was apparently due to the he subsequently was sent away because his health was so bad neglect or fault of the Government, and this bill simply refers that he could not 1·emain in the city longer. the claims of the representatives of these two men to the Court of Mr. MADDOX. We arranged it in this way: We would have Claims, v.ith jurisdiction for them to ascertain, decide, and ren their cases set for them and notify them when they could appear. der judgment upon the matter. Mr. GRAFF. I am informed by the gentleman from Tennessee l\Ir. CANNON. It seems to me this report ought to be read. [Mr. BROWNLOW] that this man could not get back in time to Mr. LOUDENSLAGER. Wouldnotprintingitdo justas·well? have the benefit of the inquiry before the commission. The bill simply refers the case to the Court of c :aims. Mr. .MADDOX. Of course, I can not say about that. That is Mr. CANNON. This bill is too broad in any event, as I under a question for the House to consider. stand it. It refers the case to the Court of Claims- On motion of l\Ir. GRAFF, the bill was ordered to be laid aside With jurisdiction to ascertain and determine whether the death of said to be reported to the House with a favorable recommendation. decedents was caused by the act, neglect, or default of the United States or its agents, and if it shall so appear the said court shall render judgment MESS.A.GE FROM THE SENA.TE. against the United States in favor of said widows and children for any damages that may have been sustained through the death of said deced· The committee informally rose, ap.d Mr. PAYNE having taken ents: Provided, That no snit shall be brought under the provisions of this the chair as Speaker pro tempore, a message from the Senate, by act after six months from the passage hereof. Mr. PL~ TT, one of its clerks, announced that the Senate had In the first place, there is no limit to the damages which may passed the bill (S. 2657) to reimburse.sundry collectors of internal be awarded. It may be a hundred thousand dollars. In none of rerenue for internal-revenue stamps paid for and charged in their the States, so far as I know, can there be a recovery of over $5,000 a~connts and not received by them; in which the concurrence of in a case of this kind. the House was req nested. Mr. GROSVENOR. Yes; in some of the States a greater sum HEIRS OF WILLIAM RYAN .A.ND JOHNS. TAYLOR, is allowed. The limit in Ohio is $10,000. Mr. CANNON. Again, as I understand the rule, these people The committee resumed its session. were fellow-servants, and the United States is not responsible The next business on the Private Calendar was the bill (H. R. under such conditions. 8819) for the relief of the widows and children of William Ryan Mr. LOUDENSLAGER. The bill refers the matter to the and John S. Taylor, deceased. Court of Claims, to determine whether the accident was caused The bill was read, as follows: by the fault of the Government or not. Be it enacted, etc., That the claims of the widows and children of William Mr. CANNON. There may have been contributory negligence. Ryan and John S. Taylor. deceased, for compensation for the death of said de· Mr. GROSVENOR. The language of the bill lays down too cedents, which occurred on or about the 1st day of September, 1898, while they were employed by the United States in connection with the construc broad a rule, because it might be by the wi·oDgful act, fault, or tion of a battery at Finns Point, N. J., be, and the sa.me are hereby, referred neglect of the Government, and yet the Government might not to the Court of Claims, with jurisdiction to ascertain and determine whether be liable at all, by reason of the law of fellow-servants or by rea· the death of said decedents was caused by the act, neglect, or default of the by United States or its agents. and if it shall so appear tbe said court shall ren son of contributory negligence. Certainly the examination der judgment against the United Stat-es in favor of said widows and children the court ought to be limited in that direction. for any damages that may have been sustained through the death of said de Mr. CRUMPACKER. Was the Government urosecuting this cedents: Provided, That no suit shall be brought under the provisions of this work on its own account or through c ontractors?~ act after six months from the passage hereof. Mr. LOUDENSLAGER. On itsownaccount; underthedirec Mr. GRAFF. The gentleman from New Jersey [Mr. LOUDEN- tion of the War Department. SLAGER] introduced this bill, and I will yield to him. Mr. DALZELL. And the alleged negligence was the negli· Mr. LOUDENSLAGER. Mr. Chairman, the facts of the case gence of the Government. are these: That Wi11iam Ryan and John S. Taylor were employed Mr. LOUDENSLAGER. The superintendent was an appointee by the Government in the erection of a fortification at Finns .of the War Department and had control of all that matter. Point, in Salem County, N. J. As is very well stated in the re· Mr. CANNON. It is a long time since I have practiced law; port, a tunnel had bBen excavated in which the United States was but suppose these were all fellow-servants, and that these parties causing to be dug sand and gravel intended to be used in making I who received the injuries knew of the defect which led up to the concrnte which was to be put in place in the fortification. The accident? tunnel was about 12 feet in diameter. Through it there had been Mr. . GROSVENOR. That would be contributory negligence,· laid a tramway on which were two tracks. These led from the Mr. CANNON. Well, now, there is no provision for that here. month of the tunnel up a steep grade to a concrete mixer on or Mr. GROSVENOR. That is what I say; there ought to be. near the parapet of the fortification. Mr. CANN ON. It seems to me it ought to be pnt in shape, if it On the morning of September 1, 1896, in compliance with the pass at all. Then, I do not understand that the Government has orders of the superintendent of the work, Ryan and Taylor had ever, except in extreme cases where the injury was so great, the repaired to the tunnel and resumed their work of loading the cars 3:_ccident so s~artling, like th~ Ford's Theater, has ever held itself with sand and g-ravel. One car had been loaded .and drawn up hable for accidents. There 1s no general Jaw on that pofnt, and the incline and dumped and was about to ba run down for another if we once open the door yon bankrupt the Treasury, I dare say. load. The other car, which had also been loaded, had just been Mr. BOUTELL of Illinois. Mr. Chairman, I think when the drawn to the top of the incline, where it struck the bumper at nature of the employment of these men is understood and the the end of the track with considerable force. At or about this manner in which this accident occurred, the only feeling we will moment both cable eyes slipped off the hook.s of the cars, which have in this committee is that we ought to provide here in this descended into the tunnel, running over and killing both Ryan measure some compensation for the widows of these two men. and Taylor. From their position in the tunnel, Ryan and Taylor These men were common laborers-men working with pick and could not see the descending cars, and had no warning of their spade. No question of contributory negligence or negligence of a danger; buteveniftheyhadhadsnch warningnocareorforesight coemployee arises in this case. Our courts have held that coem· on their part would have enabled them to escape. With two cars ployees are those engaged in the same line of work, with the same standing in the tunnel, side by side, the clearances between them general class of responsibility. and the sides of the tunnel were less than 1 foot, or space insuffi- These two men were working with pick and shovel in a steep cient for a man to stand in and permit the cars to pass. and na1Tow tunnel, in whi.ch there were two tracks, on which the After the accident the apparatus and the tunnel were examined dump cars were hauled np and down. The method of hauling up by the superintendent in charge of the work, in company with the these cars was by a loop at the end of the car, to which a book local coroner and his jury. While these men were in the tunnel coupling was placed. These cars had broken :.tway frequently one car again broke away from its coupling and they barely es- before this accident, and the engineer in charge had attempted to caped with their lives. Had two cars broken away simultaneously remedy the defect by placing a pin in order to keep the hoolr from they would have met the rnme fate as Ryan and Taylor. There- slipping, and these two men had reason to suppose that in making after the superintendent caused the hooks upon the cars to be this change he made the cars perfectly safe. provided with bolts, which, when in place, completely closed the But notwithstanding that change, on the morning this accident opening of the hook and prevented the eyes of the cables from happened, these two cars coming up to the head of the incline slipping off. This simple alteration made the apparatus safe, and with a sudden jar, were both loosened, and both shot down ahreast thereafter no cars broke from their couplings and ran down the through this narrow tunnel at a terrific rate of speed, coming incline. upon these two men without warning and without any opportu- While Ryan and Taylor hadanopportunityto see the device by nity whatever for escape, and killed them instantly. Under these which the cable was attached to the car, neither of them had any- circumstances, as I say, it seems to me that the only hesitation thing to do with the equipment or operation of the tramway, that we have in respect to these cases is, that instead of sending which things were within the control of the superintendent in them to the Court of Claims, we possibly might afford them here, charge of the work and the engineer who had charge of the en- and at this time, the relief to which they are entitled. ginewhich operated the cable. Besides, neither Ryan nor Taylor Mr. CRUMPACKER. Will the gentleman allow me to ask had reason to know that the apparatus was unsuitable or unsafe. him a question? 1900. CONGRESSIONAL RECORD-HOUSE. 5301 Mr. BOUTELL of Illinois. Yes. Mr. GROSVENOR. It must be negligence or nothing. Who Mr. CRUMPACKER. Who is responsible for this accident? w~ _negligen~; t~e man who let off the steam or the man who . Mr. BOUTELL of Illinois. T~ework was being done on account allowed bis horse to stand there and run away? It is the most of a fort in New Jersey, under the direction and supervisipn of an preposterous claim that I ever heard of in my life. There is no officer of the War Department, and the person directly responsible allegation that anybody was to blame. Is it possible that we have for this accident was the engineer in charge of this engine, who ·come to this, that if steam is blown <_>ff from an engine all the was at the· mouth of the tunnel through which these cars were consequences must be charged up to the Government, whether hauled up. the engineer knew there was anybody within a mile of the engi.ce Mr. CRUMPACKER. Then he would be legally liable, and is or not? legally liable, to the representatives of the deceased in each case, Mr. ROBINSON of Indiana. How much does this bill carry? is he not? Mr. BOUTELL of Illinois. Fifty dollars. Mr. BOUTELL of Illinois. Possibly. Mr. ROBINSON of Indiana. 1 believe it was estimated the Mr. CRUMPACKER. In an accident of that kind all these other day by the gentleman from Pennsylvania [Mr. SIBLEY] that questions of contributory negligence can be intelligently deter- it cost $3,700 a day to carry on a debate. If this claim is only·S50, minea - we are very extravagant, notwithstanding the question of con Mr. LOUDENSLAGER. Mr. Chairman, I offer two amend tributory negligence is not settled. ments. On page 1, line 12, after the word "agents," insert" with .Mr GROSVENOR. In answerto that wise remark of the gen out any contributory negligence upon the part of said deceased." tleman from Indiana, I will say that if we shut off this fifty-dollar The Clerk read as follows: steam there may not be occasion to use $3,700 again to-morrow. Pa~e 1, line 12, after the word "agents," insert the words "without any This claim has no legal standing whatever. contributory negligence upon the part of said deceased." Mr. BOUTELL of Illinois~ ln reply to the statement of the gen Mr. GRAFF. I would like to ask the gentleman from Illinois tlemah from Ohio, I wish to say that if this report was read it [Mr. BoUTELLlif he approves that amendment? would show the facts as I have stated them. I believe the state Mr. BOUTE L of Illinois. I think this amendment would be ment in the report would be sufficient. The affidavit of Mr. Ralph, a. wise addition to the bill. who was present, shows the circumstances under which it oc The question was taken; and the amendment was agreed to. curred; and there was carelessness on the part of the officer of the Mr. LOUDENSLAGER. And on page 2, line 1, after the word Government. "damages," insert "not exceeding $5,000 to the widow and children Mr. GROSVENOR. In what respect? of each." Mr. BOUTELL of Illinois. In beckoning him to go under the The Clerk read as follows: rope, which tliey lifted up, and just as the horse started they let On page 2, Jine l , after the word "damages," insert the words "not exceed· off the steam. fng the sum of $5,000 to the widow and children of each." Mr. GROSVENOR. Who let off the steam? It does not appear The question was taken; and the amendment was agreed to. that anybody let it off. It might have been an automatic valve. The bill as amended was ordered to be laid aside with a favor The CHAIRMAN. The question is on the amendment. able recommendation. The question was taken; and. the amendment was agreed to. GUS A. NOWAK. The CHAIRMAN. The question is on laying the bill aside to The next business was the bill (H. R. 5739) for the relief of be reported to the Honse with a favorable recommendation. Gus A. Nowak. The questioi;i was taken; and on a division (demanded by Mr. The bill was read, as follows: BouTELL of Illinois) there were-ayes 20, noes 19. Be it enacted, etc., That the sum of $100 be, and the same is hereby, appro· So the bill as amended was laid aside to be reported to the House priated, out of any moneys in the Treasury not otherwise appropriated, to with a favorable recommendation. be paid to Gus A. Nowak, in full satisfaction of bis claim agamst the United Mr.GRAFF. Mr. Chairman, I ask unanimous consent thatthe States for damages to wagon and harness caused by horse taking fright at dummy engine on grounds at Fort Schuyler, Tuesday, September 24, 1899, Senate bill which just came over to the House, as I am advised, the said sum of money to be paid under dirPction of the Secretary of War, who number of which I do not have, but which is to reimburse certain shall take proper receipt from said Gus A. Nowak. collectors of internal revenue, be taken up by unanimous consent. The amendment recommended by the committee was read, as Mr. PAYNE. The bill is not in the Honse, and the committee follows: will have to rise. In line 3 strike out the words "one hundred" and insert in lieu thereof The CHAIRMAN. The bill is not before the Committee of the the word u fifty." Whole. It would have to be referred to the Committee of the Mr. GRAFF. Mr. Chairman, I yield to the gentleman ·from Whole by action of the House. Illinois fMr. BoUTELL], who reported the bill. · Mr. GRAFF. Mr. Chairman, I ask that the committee do now Mr. BOUTELL of Illinois. Mr. Chairman, this is a subject of rise for that pnrpoEe. such magnitude that I hesitate to attempt to explain it in the The CHAIRMAN. The gentleman from Illinois moves that absence of the author of the bill. It involves the payment of 50 the committee do now rise. to Gus A. Nowak, of New York. The accident was caused at The motion was agreed to. Fort Schuyler, N. Y. The beneficiary of this bill was the owner Accordingly the committee rose; and the Speaker having re of a horse and wagon. He was driving some contractors upon a sumed the chair, Mr. HEMENWAY, Chairman of the Committee of Government reservation to do some work ordered by the officer the Whole House on the state of the Union, reported that that in charge. As his wagon stopped to allow these men to alight, committee had had under consideration the bills H. R. 3376, H. R. steam intentionally or accidentally was let off right in front of 460, H. R. 6038, S. 392, H. R. 150, H. R. 3044, H. R. 4303, S. 1284, the horse's head. The horse took fright and ran away, and caused H. R. 2824, H. R. 6749, H. R. 5324,..H. R. 1409, H. R. 3819, and son;ie damage to the harness, the wagon, and the horse. The H. R. 5739, some with amendments and some :without amend claimant put in a bill for $100. ments, and that the committee had directed him to report the The subcommittee having this matter in charge, having some same back with the recommendation that those without amend knowledge of horses, wagons, and harness, concluded that a run ment do pass and that those with amendment as amended do away of that nature can not involve an expenditure of more than pass. Also, that the committee had had under consideration the $50, and recommend that the bill pass with an am~ndment insert bill H. R. 213 and had directed him to report t4e same back with ing $50 instead of 8100; and I move the adoption of the amend the recommendation that it lie on the table. ment offered by the committee. The SPEAKER. The Clerk will report the first bill. .Mr. GROSVENOR. Mr. Chairman, it seems that we have FRANKLIN LEE AND 1JHARLES F. DUNBAR. reached the reductio ad absurdum of claims against the United The first business was the bill (H. R. 3376) for the relief of States Government. Recently a decision was made by a judge in Franklin Lee and Charles F. Dunbar, which was ordered to be ·en the State of New York that throws some light upon the principles involved here. A horse and wagon, about the size of this one, grossed and read a third time; and it was accordingly read the passing along a street met an automobile, and the horse concluded third time, and passed. that he would run away. He did, and smashed up the wagon to UNION moN WORKS, SAN FRANCISCO, C.AL. the extent of about a hundred dollars. The judge delivered a very The next business was the bill (H. R. 460) for the relief of the sew3ible decision, in which he said that horses must get accus Union Iron Works, of San Francisco, Cal. _ tomed to civilization and progress and the instrumentalities of The SPEAKER. The first question is on the amendment re civilization of the day in which we live; that horses in this country ported from the Committee of _the Whole House. protested against the bicycle when it first came around, especially Mr. GRAFF. I ask unanimous consent that the Senate bill when a man or a woman was on it; but they had got quieted which is now on the table, S. 1894, may be substituted for the down finally so that they tolerated bicycles and street cars, and House bill . . now they must get used to automobiles. Mr. DRIGGS. I do not want to object, but I have a bill which Now, the gist of this action, if there is any action at all, is that issimilartothis one, and I would like to offer it as an amendment. somebody is negligent. Who was it; the man that let off the Mr. GRAFF. This is not the bill which the gentleman sup steam or the man that let his horse stand there? posed it to be. Mr. KING. There is no evidence that anyone was negligent, Mr. DRIGGS. Very well; I withdraw my suggestion. 5302 · CONGRESSIONAL RECORD-HOUSEo MAYS, The SPEAKER. The gentleman from Illinois [Mr. GRAFF] A bill (H. R. 819) for the relief of the widows and children of seems to be in error about there being on the table a Senate bill William Ryan and John S. Taylor, deceased; and similar to Hons~ bill 460. A bill (H. R. 5324) for the relief of the employees of William M. ' ·Mr. GRAFF. I find that the Senate bill is on the Private Cal Jacobs .. endar. On motion of Mr. GRAFF, a motion to reconsider the several · The SPEAKER. Then it will be necessary for the gentleman votes by which the various bills were passed was laid on the table. to ask to discharge the Committee of the Whole House from the consideration of that bill, that it may be considered~ and passed in RELIEF OF CERTAIN INTERNAlrREVENUE COLLECTORS. the House. That will require unanimous cpnsent. Mr. GRAFF. Mr. Speaker, I ask unanimous com:ent that Sen- Mr. GRAFF. Then I ask unanimous consent that the Com- ate bill 2657, which passed the Senate to-day and has come over mittee of the Whole House be discharged from the further con- to the House, be considered by the House as in Committee of the 'sideration of Senate bill 1894 and that the Hoose now proceed to Whole. · its consideration. The SPEAKER. The gentleman from Illinois asks unanimo:is There was no objection. consent that Senate bill 2657 be taken from the Speaker's table and The bill S. 1894 was ordered to a third reading, read the third considered in the House as in Committee of the Whole. Is there time, and -passed. objection? The SPEAKER. Without objection, House bill 460, the pro- Mr. UNDERWOOD. Mr. Speaker, reserving the right to ob- visions of which are identical with the Senate bill just passed, will ject, I ask the gentleman what is the bill? lie upon the table. Mr. GRAFF. The bill.does not include the gentleman's bill, There was no objection. as I understand. His bill was introduced separately, and, as I GENERAL MARINE INSURANCE COMPANY OF DRESDEN. remember, is not included in House Document 303. The next business was the bill (S. 392) to pay the General Ma- Mr. UNDERWOOD. What bill does the gentleman refer to? rine Insurance Company of Dresden the sum of $1,434.12 forcer- Mr. GRAFF. I am asking for the consideration of a Senate tain coupons detached from United States bonds, which said bill which proposes to reimburse all those internal-re-rnnue col coupons were lost on the Cunard steamship 01·egon, sunk at sea lectors who are mentioned in Document 303 of the House, which March 14, 1886. document contained a recommendation of the Commissioner of · The bill was ordered to a third reading, read the third time, Internal Revenue and also of the Secretary of the Treasury. and passed. Mr. UNDERWOOD. I will ask the gentleman if he will con- The SPEAKER. Without objection, House bill No. 213, corre- sent to the offering of an amendment to the bill to include the sponding in its provisions with Senate bill 392;just passed, will collector for Alabama? lie 011 the table. Mr. GRAFF. The gentleman's bill is H. R. 11133, reported There was no objection. this morning by the Committee on Claims, but it was not reached in Committee of the Whole this afternoon. EDWIN L. FIELD. Mr. ·PAYNE. And that is not included in the Senate bill? The next business was the bill (H. R. 150) for the relief of Edwin Mr. GRAFF. I understand it is not included in the Senate bill. L. Field, of Gray, Cumberland County, Me. Mr. UNDERWOOD. My question is, if unanimous consent is Mr. U.K.A~'F. Is there not a Senate bill corresponding with this given to consider the Senate bill now~ whether the gentleman will on the table? . . . consent to an amendment being offered to include in the Senate :r'he SPE~~R. There is such a bill m the hands of the Com- bill an amendment to reimburse the Alabama collector? - nutt~e on Claims. . . Mr. GRAFF. Certainly; I will have no objection to that. M1. G RA~F. Then I ask that th~ SeJ?-ate bill be substituted for Mr. DRIGGS. I ask the gentleman from Illinois if he will ob- the House bill and that the House bill he on.th~ table. . ject to the bill that I have spoken to him about, which refers to The SPEAKER. The .gentleman ~rom Illu~01s asks nn~mmous the same subject? consent that. the qomm~ttee on Cl.aims be dIScharged from the I Mr. GRAFF. That is all right. That is reported by the com furtJ;ier considerat10n of .se~ate bill 1356 and t?at. the same be mittee, too. considered .by the House m heu of the House bill I~po~te~ from Mr. PAYNE. Are these included in the recommendation of the .committee of the Whole House. ~ there obJection. The the Commissioner of Internal Revenue? Charr hears none. . . . _ . Mr. GRAFF. Theyarenotincluded in that d0<;mment, but the ~he House proceeded to ~he cons~deration of Sen~te ~111 13 t> 6, same recommendations are made by the Commissioner of Internal wb.1ch was ordered to a third readmg, read the third time, and Revenue. paEsed. . . . : _ . . · Mr. PAYNE. I do not like to see this thing multiply all over . ~he SP~1\KER. WithoutobJec~on, House b~l No. lo~, simi1 ar the United States without due consideration and evidence as to m its provisions to the Senate bill JUSt passed, will be laid on the Ithe claims that these men have. table. . . Mr. DRIGGS. My amendment will simply include the reim- The!e was no obJection. bursing of three men in the Brooklyn office, whose claims amount JOHN M. MARTIN. to about a thousand dollars, and are indorsed by the collector The next business was the bill (H. H.. 3044) for the relief of of internal revenue. John M. Martin. of Ocala, Fla., which was ordered to be engrossed Mr. GRAFF. They are clai,ms of the same kind. They all and read a third time; and it was accordingly read the third time, rest upon the same ground, and are absolutely recommended by and passed. the Commissioner of Internal Revenue. These claims arose out of • W. H. L. PEPPERELL. the confusion which existed in the office of the Commissioner of The next business was the bill (S. 1284) for the relief of W. H. Internal Revenue, right after the passage of the war-tax .bill. L. Pepperell. of Con.cord~a, Kans.; w.hich was order.eel to a third The reason for asking unanimous consent for the consideration reading, read the third time, and passed. of the Senate bill is because individual bills were introduced into the House and referred to our committee-10 in number JOHN C. BA.TES AND JONA.THAN .A.. YECKLEY. all resting upon this single Senate document. We thought it The next business was the bill (H. R. 2824) to pay certain judg would be easier to consider the one Senate bill which embraces all ments against John C. Bates and Jonathan A. Yeckley, captain the claims. and first lieutenant in the United Stat.es Army, for acts done by The SPEAKER. Is there objection to the request of the gentle them under orders of their super~or officers, which was ordere of New York, at New York City, for stamps issued to him in June and July, and I would ask the Clerk to notice the Sen&te bill and see whether 18~'oS1J.S:~s C. Entrekin, collector of jnternal revenue at Chillicothe, Ohio, the amounts and the names are the same: for stamps issued to him on June 27, 1893, $1,408; D. W. Henry, Seventh district, Indiana ______------~. 78 To Frank McCord, collector of internal revenue at Cleveland, Ohio, for. J.M. Kemble, Fourth district, Iowa ______------·---·····-·--·- 2,IXXl.00 stamps issued to him in June and July, 1898, $950; J . D. Gill, Third district, MasM.chusetts ______--·· ·-·------· ------1, 053. 00 · •.ro James S. Fruit, collector of internal revenue at Pittsburg, Pa., for F. von Baumbach, district of Minnesota------·------350.00 stamps issued to him in June and July,1898, $970.71; Charles H. Treat, Second district, New York. _____ ·-····------··-··--- 1,256.50 To J. H. Bingham, collector of internal revenue at Birmingham, Ala., for Ferd. Eidman, Third district, New York...... 188.84 stamps issued to him on June29, 1898, $100; J. 0. Entrekin, Eleventh district, Ohio .••.... --···· ...... 1,408.00 And there is hereby appropriated for sajd purpose, out of any moneys in F. McCord, Eighteenth district, Ohio...... 950.00 the Treasury not otherwise appropriated, the sum of $8,573.83. J . S. Fruit, Twenty-third district, .l:'ennsylvania ...... •. •...... • 970. 71 ' Mr. GRAFF. Mr. Speaker, I desire to say to the gentleman Then there is an amount to J. H. Bingham, which is not men· from Alabama rMr. UNDERWOODJ-- tioned in this document, at $100, which is' provided in a separate . Mr. UNDERWOOD. !find thattheclaimispokeofisincluded bill, introduced by the gentleman from Alabama [Mr. UNDER- in the bill. WOOD], and it was reported favorably to our committee. It is , The SPEAKER. The jirst thing in order, unless general debate inserted in the Senate bill. The Commissioner of Internal Reve- is desired, is the reading of the bill by sections. nue in this same document makes the following explanation of Mr. GRAFF. I ask that that be omitted, by unanimous con- the causes of these shortages: sent. TREASURY DEPARTMENT, OFFICE COMMISSIONER INTERNAL REVENUE, 'rhe SPEAKER. The House by unanimous consent can allow Washington,oF D. C., January 1g, 1900. the offering of amendments to any part of the bill. Sm: I have the honor to transmit herewith claims of nine collectors of Mr. GRAFF. The gentleman from New York [Mr. DRIGGS] internalrevenue, withastatementineachcase,fortherefundingofmoneys has one amendment that he desires, and I believe that is all that deposited liy them to make good their accounts with this office of adhesive is desired to be offered to the bill. stamps which the records of this office show to have been sent to thell'.l, but which in each case appeal' never to have been received. · The SPEAKER. If there is no objection, members Will be per- I have given a careful examination to each of these cases and believe the mitted to offer amendments to any part of the bill, and the read- facts as presented to be true. · f d t ill b d' d "th I th b' t" t In the confusion attendant upon the transmission and issue of adhesive mg or amen men W e 1spense Wl • s · ere O JeC ion O stamps by this office to collectors, for a short time after the passage of t-he this mode of procedure? act of June 13, 1898, when the force of this office in charge of Raid work re- . There was no objection. mained on duty night and day for several days and worked extra hours for Mr. DRIGGS. Mr. Speaker, I offer the amendment which I several weeks, and while the force in the several collectors' offices through- 's desk. out the country were compelled to resort to like methods in order to get the sencl to the Clerk work done, blunders and errors were no doubt made, and it was out of this · The amendment was read, as follows: confusion that the discrepancies in the accounts evidenced by these bills oc- lnsert after line 18. on page 3, the following: curred. I am satisfied that there was no dishonest transaction of any kind " 'rhat the Secretarl oft-he Treasury be, and he is hereby, authorized and conr..ected with any of them, and that no one in the collectors• offices benefited directed to pay. out 0 . any mo~ey in the Treasury not otherwise _appropri- t~ir:tli:efore request that the claims be referred to the sroper committee ated, to James A. B. Miles, $200, to E . D. Kelly, $328.02, and to Rawlings Web- · f C 'th th d t' th t th li f k f b t d ster, $440.79, as a reimbursement to the aforesaid Miles, Kelly, and Webster o onJ1ress w1 e recommen a ion a ere e as e or e gran e . for moneys J>aid by them to the United States internal-revenue collector at espectfully, . . Brooklyn, N; Y., to cover shortage in the adhesive-stamp account in the in- G. W. WILSON, Commissioner. ternal-revenue department in Brooklyn, N. Y., said shortage not having The SECRET.ARY OF THE TREASURY. be.en caui:>ed by any malfeasance or dis~onesty. ol! the part of _the aforesaid Then follows a suggested form in which a bill 8hould be pre- ~e s, Ke~y. or Webs_ter. The above appropr1at1on shall be m full for all sented and in several cases that was followed by members of the clalIDS agamst the Umted States Government.'' . I t h dm · IHouse. ' These several" bills·. came before our committee,. were Mr. DRIGGs · M r. Spea k er, s~n0 t at ~men ent up m th~t favorably reported, and it was suggested that they bad better go form because I knew the House was an.nous to have the bi11 upon the Senate bill because it disposes of the whole matter in passed,_and I ~ould sugg~st .th.at on.ly t~e names and a:mounts be one bill. ' pla?ed m the blll. The bill U? 1denbc~l m character with the one The bill was ordered to a third reading; and it was accordingly which has been i·e:ported from the Senate, and I ask that the read the third time and passed amendment be put m proper form. ' ' The SPEAKER. The Clerk will endeavor to arrange this so as E..~ROLLED BILLS SIGNED. to meet the suggestion of the &en'.tleman from New York. The SPEAKER announced his signature to an enrolled bill of · Mr. DitIGGS. I will merely state, inasmuch as some-mem- the following.title: _ bers have asked me in relation to this, that these shortages were S. 1127. An act granting an increase of pension to Hannah G. caused entirely by the confusion just afterthepassage of the war- Strong. . . revenue measure, in Jtine, 1898. It seems that the Internal-Rev- Mr. BAKER, from the Committee on Enrolled Bills, reported enue Department sent out the stamps as best they couJd, and the that they had examined and found truly enrolled bills of the fol invoices of the stamps did not arrive at the internal-revenue col- lowing titles; when the Speaker signed the same: lectors' offices throughout the United States, in some cases, for H. R. 4368. A.. n act granting a. pension to Flora 13. Hinds; two weeks afterwards. The stamps were sent to them in broken H. R. 8405. An act granting a pension to Sophronia Seely; packages, and I know that at the Brooklyn office the invoices A bill (H. R. 10279) to provide for sittings in the circuit and were not correct. They could not agree on the amount, and the district courts of South Carolina in the city of Florence, S. C.; consequence was that these young men in this office we.re ordered and l:>y the collector of internal revenue to pay the shortage. That A bill (H. R. 10696) relating to the Twelfth and subsequent was done, and he now i·ecommends, as also does the Commissioner censuses and giving the Director thereof additional power and of Internal Revenue, that the. bill be adopted. authority in ·certain cases, and for other purposes. · Mr. LITTLEFIELD. It was an error in account? CHANGE OF REFERENCE. Mr. DRIGGS. It was an ~rror in account; Mr. SOUTHARD. What became of the stamps? By unanimous consent the bill (S.1781) granting an increase of Mr. LITTLEFIELD. It was an error in account. pension to Julia MacN. Henry, which had been referred to the Mr. DRIGGS. ·As I st~ted to the gentleman, I can not account Committee on Invalid Pensions, was referred to the Committee on for that. They were probably lost in transit, the majority of Pensions. ·them were lost in transit, and possibly lost in making the state LEA.VE TO PRINT. ment out. · By unanimous consent, Mr. RYAN of New York obtained leave Mr. GROSVENOR. As I understand, it is on all fours with the to print some remarks in the R~CORD on the bill (H. R. 4718), the others? same having passed the House May 7, 1900. _ . Mr. DRIGGS. It is exactly the same kind of claim. Mr. 'BALL obtained leave to extend his remarks in the RECORD · The SPEAKER. The Clerk will now report the amendment, on House resolutions 236 and 229. and the attention of the gentleman from New York is invited to Mr. PAYNE. I move that the House do now adjourn. it as it will be read by the Clerk. The motion was agreed-to. · The Clerk read as follows: And accordingly (at 4 o'clock and 23 minutes p. m.) the House t.nsert.after_line H. P.age 3. the following: · . adjourned. 1 To James A. B. Miles, $200; to E. D. Kelly, $328.02; to Rawlings Webster, 1440.79, to cover shortage in adhesive-stamp account in the internal-revenue EXECUTIVE COMM.UNICATIONS ETC department of Brooklyn, N. Y." . ' • Mr. DRIGGS. I thank the Speaker. - 1 Under clause 2 of Rule XXIV, the following executive com- The SPEAKER. Thequestionisonagreeingtotheamendment. munications were taken from the Speaker's table and referred as . The question wa-.s taken; and the amendment was agreed to. follows: The SPEAKER. Without objection, the Clerk will arrange the 1 A letter from the Secretary of War, transmitting a copy of a totals so as to agree with the amendment. . letter from the Surgeon-General of the Army proposing an amend- - There was no objection. ment to the Army bill relating to the transportation of medical ~ Mr. GRAFF. I think it due the House to explain that in Honse and hospital property-to the Committee on Military Affairs, and Document No. 303 the following recommendations are made by ·ordered to be printed. the Secretary of the Treasury, and the amounts are given here, A letter from the Secretary of the Treasury, transmitting a copy . 5304 CONGRESSIONAL RECORD-HOUSE. MAY 8, of a communication from the Secretary of the Interior submit- bill of the House {H. R. 11010) granting an increas.e of pension ting an estimate of appropriation for- the public-land service-to to James H. Eastman, reported the same without amendment the Committee on Appropriations~ and ordered to be printed. accompanied by a rep:ort"(No. 1248}; which said bill and report A letter from the Secretary of the Treasury, transmitting a. copy . were referred to the Private. Calendar. of a communication from the Supervising Surgeon-General of the · Mr. GRAFF rfrom the C<>mmitteeon Invalid Pensions to which Marine-Hospital Service submitting an estimate of appropriation was referred the bill of the Senate (S. 2020) granting~ pension for quarantine service in Hawaii-to the Committee on Appro- to Sarah E. Fortier, reported the same withont amendment ac· priations, and ordered to be printed. companied by a report (No. 1249}; which said bill and report A letter from the Attorney-General, transmitting a. list of were referred to the Private Calendar. judgments against the Government under the act of March 3 Mr. SULLOWAY, from the Committee on Invalid Pensions to 18t..: 7-to the Committee on Appropriations, and ordered to b~ ~hich was refe!l'ed the bill of the Senate (S. 4040) granting 'an printed~ . mcrease of pension to Mary C. Gage, reported the same without amendment, accompanied by a report (No. 1250); which said bill REPORTS OF COMMITTEES ON PUBLIC BILLS AND and report were referred to the Private Calendar. RESOLUTIONS. · Mr. GRAFF, from the Committee on Invalid Pensions to whic_h was referred the bill of" the House (H. R. 2362) granti~g a Under clause 2 of Rule XIII, bills and resolutions. of the follow pension to B. H. Brasted, reoorted the same.with amendment a.c· ing titles were severally reported from committees, delivered to companied by a report (No. 1251); whlch said bill and report the Clerk,. and referred to the several Calendars therein named, were referred to the Private Calendar, as follows; Mr. HEDGE, from theCommitteeoninvalidPensions, which Mr. JENKINS from the Committee on the Judiciary, to which to 1 was ref'.erred the bill of the Senate (S. 3337) granting an increase was referred the bill of the Senate (S. 4450) to provide for the of pension toBnrenR. Sherman, reportedthesamewithontamend holding of a term of the circuit and district courls of the United ment, accompanied by a report (No. 1252); which said bill and States at Superior, Wis., reported the same with amendment, ac report were referred to the Private Calendar. companied bya report (No.1271 ); which said bill and report were Mr. SULLOWAY, from the Committee on Invalid Pensions to referred to the Committee of the Whole House on the state of the :vhlch was refol'!ed the· bill of the Senate (S. 3879) granting' an Union. · mcrease of pension to Isaac Gause, reported the same without · Mr. GARDNER of New Jerseyt from the Committe.e 0-n Labor, amendment, accompanied by a re~ort (No. 1253); which said bill to which was referred the biH of the House (H. R. 6882) limiting and report were referred to the Private Calendar. the hours of daily services of laborers and mechanics employed Mr. CALDERHEAD, from the Committee on Invalid Pensions upon work done for the- United States or any Territory or the to ':Vhich was the of House (H. R. 9783) granting District of Columbia, thereby securing better p-.roductsy and for refer~ed bi~ ~he a~ mcrease of pens10n to Ben:tamm F. Dennis, reported the same other purposes, reported the same with amendment, accompanied ~ith amendment, accompanied by areport (No.1254}; which said by a report (No. 1272) ; which said bill and report were. referred bill and report were referred to the Private Calendar. to the House Calendar. . · Mr. DRIGGS, from the Committee on Invalid Pensions, tow hich Mr. LANHAM,. from the Committee on the Judiciary, to which was r~erred the bill of th~ Senate (S. 1918) granting an increase was referred the bill of the Senate (S. 2582) to pro.vide. for the es of pension to John E. Higgins, :repo:rted the same without amend· tablishment of the intersection of the trueonehuuch·edth meridian ment, accompanied by a report (No. 125-5); which said bill and with Red River, to ascertain the amount of taxes collected by the report were referred to the Private Calendar. State of Texas in what was formerly kiiown as Greer County and Mr. GIBSON ,.from the Committee on Invalid Pensions, to which the expenditures made on account of said county by said State, '!as referre~ the bill of the House (H. R. 10758) granting a pen· and for other pnrposesT reported the same with amendment7 ac Slon to Sallie B. Wilson, of Macon, Ga., reported the same with companied by a report (No. 1283); which said bill and report were amendment, accompanied by a report (No. 1256); which said bill referred to the House Calendar. and report were referred to the Private Calendar. Mr. STEWART of Wisconsin, from the Committee on Indian Mr. SULLOWAY, from the Committee on Invalid Pensions, to Affairs, to which was referred the bill of the House (H. R. 6446} ~hich was refer!ed. the bill of the House (H. R. 9} granting an to authorize the Secretary of the Interior to fulfill certain treaty mcrease of pension to Isaac B. Hoyt, reported the same without stipulations with the Chippewa Indians of Lake Superior and the amendment, accompanied by a report (No. 1257); which said bill Mississippi, and making appropriation therefor, reported thesame and report were referred to the Private Calendar. wit.h amendment, accompanied by a report (Nor 1285); which .He also, from the same committee~ to which was referred the said bill and report were referred to the Committee. of the Whole. bill of the Senate (S. 3047) granting an increase of pension to House-on the state· of tbe Union_ Wll!iam Mnllevy, reported the samewithont amendment, accom· Mr. DOUGHERTYt from the Committee on Indian Affsil's, to pamed by a report (No. 1258); which said bill and report were which was ref~rred the bill of the. House (li. R 9389) to author referred to the Private Calendar. to. ize the Seneca Telephone Company construct and maintain l\lr. HEDGE, fr~m the Committee on Invalid Pensions, to which lines i11 the Indian Territory, reported the same with amendment, was referred the bill of the House. (H. R. 8540") granting a pension accompanied by a report {No. 1286); which said bill and report to Lydia J. De Silva, reported the same with amendment, accom· we1·e ref erred to the Committee. of the Whole Ho.use on. the state panied by a report (No. 1259); which said bill and report were of the Union. refeued to the Private Calendar. l\Ir. GIBSON,from the Committee on Invalid Pensions, to which REPORTS OF COMMITTEES ON PRIVA.TE BILLS AND was referred the bill of the House (II. R. 9378) granting a pension RESOLUTIONS. to Irving Johnson, reported the same with amendmentt accompa· Under clause 2 of Rule XIII, private bills and resolutions of the nied by a report (No. 1260}· which said bill and report were re· following titles were severally reported from committees, deliv ferred to the Private Calendar. • ered to the Clerk, and referred to the Committee of the Whole Mr. _CALDERHEAD~from the Committee on Invalid Pensions, Honse, as follows: to wb1ch was referred the bill of the Senate (S. 1776) granting a Mr. SULLOWAY, from the Committee on Invalid Pensions, pension to John Carrt reported the same without amendment. ac to which was referred the bill of the House (H. R. 2020) granting companied by a report (No. 126!) ; which said bill and report . a pen ion to Clarissa Carrnth, reported the same with amendment, were referred to the Private Calendar. aee(1mpanied by areport (No. 12-1;!) ; which said bill and report Mr. DRIGGS,, from the Committee on Invalid Pensions, to were referred to the Private Calendar. which was referred the bill of the Senate (S. 3314) granting a Mr. DRIGGS, from the Committee on Invalid Pensions, to which pension to 1\Iary I. Bradbury, reported the same without amend· was referred the bill of the Senate (S. 4215) granting a pension to ment~ accompanied by a report (No. 1262) ; which said bill and elle Bean, reported the same without amendment , accompanied report. were referred to the Private Calendar. by a report (No. 1245); which said bill and report were referred .Mr•. MIERS of Indiana, from the Committee on Invalid Pen· to the Private Calendar. sions, to which was referred the bill of the House (H. R. 904:3) Mr. HEDGE, from the Committee on Invalid Pensions, to which to increase the pension of David S. Snyder, reported the same was referred the bill of the House (H. R. 9839) granting an in with amendment,, accompanied by a report (No. 1263); which crease of pension to Emily Hr Wood, reported the. same with said bill and report were referred to the Private Calendar. amendment, accompanied by a report (No. 1246); which said bill Mr. DRIGGS, from the Committee on Invalid Pensions, to and report were referred to the Private Calendar. which was referred the bill of the Honse (H. R. 6776) granting a 1\.fr. SULLOWAY, from the Committee on Invalid Pensions. to pension to Annie ChambeTla~ reported the same with amend· which was referred the bill of the Senate (8. 4. 037) gl.'anting.an ment1 accompanied by a report (No. 1264); which said bill and increase of pension to Ellen M. Mansnr,. reported the same with report were :referred! to the Private Calendar. out amendment, acompanied by a report (No. 1247); which said Mr. CALDERHEAD, from the Committee on Invalid Pensions, bill and report were referred to the Private Calendar. to which was ref.arred the bill of the Sell8te (S. 1552) granting an He· also, from the same committee, to which was referred the, increase of pension to Helen L. Dent, reported the sam& without 1900. CONGRESSIONAL RECORD-HOUSE. 5305 amendment, accompanied by a report {No. 1265); which said bill PUBLIC BILLS, RESOLUTIONS, AND :MEMORIALS and report were referred to the Private Calendar. INTRODUCED. He also, from the same committee, to which was referred the 3 of XXII, bill of the Senate (S. 2296) granting an increase of pension to Under cla11se Rule bills, resolutions, and memorials John J. Sears, reported the same without amendment, accompa of the following titles were introduced and severally referred as nied by a report (No. 1266); which said bill and report were re follows: ferred to the Private Calendar. By Mr. MAHON: A bill (H. R. 11378) to carry into effect the Mr. SULLOWAY, from the Committee on Invalid Pensions, to stipulations of Article VII of the treaty between the United States which was referred the bill of the Senate (S. 3277) granting an and Spain concluded on the 10th day of December, 1898-to the increase of pension to Solon Cooper, reported the same without Committee on War Claims. · amendment, accompanied by a report (No. 1267) ; which said bill By Mr. DALY of N eV? Jersey: A bill (H. R. 11379) for the classi and report were referred to the Private Calendar. fication of clerks in th& first and second class post-offices-to the Committ~e on the Post-Office and Post-Roads. Mr. HEDGE, from the Committee on Invalid Pensionsr to which By Mr. HENRY C. SMITH: A bill (H. R. 11380) for the esta~ was referred the bill of the Senate (S. 2101) granting an increase lishment of a life-saving station at Presque Isle, Lake Huron, of pension to George E. Scott, reported the same without amend Michigan-to the Committee on Interstate and Foreign Commerce. ment, accompanied by a report (No. 1268); which said bill and Also, a bill (H. R. 11381) to provide for a light-honse keeper's report were referred to the Private Calendar. dwelling on Grosse Isle, South Channel Ranges, Detroit River, in Mr. GIBSON, from the Committee on Invalid Pensions, to which the State of Michigan-to the Committee on Interstate and Foreign was referred the bill of the Senate (S. 3900) granting a pension to Commerce. Sarah Clark; reported the same without amendment, accompanied By Mr. BROSIUS: A bill (H. R. 11382) to amend section 5200 by a report (No. 1269); which said bill and report were referred of the Revised Statutes of the United States, extending the limits to the Private Calendar. of loans by national banks-to the Committee on Banking and Mr. HEDGE, from the Committee on In"talid Pensionsr to which Currency. was referred the bill of tha Housa(H. R. 5894)to increase the pen By Mr. SHERMAN: A bill (H. R. 11383) permitting the build sion of Nathaniel Townsend. reported the same with amendment, ing of a dam across the St. Joseph River near the village of Ber· accompanied by a report (No. 1270); which said bill and report rien Springs, Berrien County, Mich.-to the Committee on Inter were referred to the Private Calendar. state and Foreign Commerce. Mr. SOUTHARD, from the Committee on Claims, to which was By Mr. VAN VOORHIS: A bill (H. R. 11402) granting thirty referred the bill of the House (H. R. 11138) to reimburse James CT. days' leave of absence with pay to the employees of the Govern· Entrekin, collector of internal revenue at Chillicothe, Ohio, re ment Printing Office and the Bureau of Engraving and Printing ported the same withont amendment, accompanied by a report to the Committee on Printing. (No. 1273); which said bill and report were referred to the Private By Mr. GROSVENOR (by request): A bill (H. R. 11403) to Calendar. facilitate the entry of. steamships engaged in the coasting trad,e Mr. GRAFF, from the Committee on Claims, to which was re- between Porto Rico and the United States-to the Committee on . ferred the bill of the House (H.R. 9619) toreimburseJ. M.Kemble, the Merchant Marine and FisherieE!. reported the same without amendment, accompanied by a report By Mr. THROPP: A joint resolution (H.J. Res. 250) authorizing (No. 1274); which said bill and report were refe1Ted to the Private and directing the Secretary of the Treasury to adjust and pay Calendar. certain claims of the State of Pennsylvania-to the Committee on He also, from the same committee, to which was re'6rred the War Claims. bill of the House (H. R. 11134) for the relief of Frederick Von By Mr. SULZER: A resolution (H. Res. 249) sympathizing with Baumbach, collector of internal revenue at St. Paul, Minn., the Boers-to the Committee on Foreign Afl:airs. reported the same withont amendment, accompanied by a report By Mr. KING: A resolution {H. Res. 250) providing for the (No. 1275); which said bill and report were refen·ed to the Pri payment of $2,000 to Brigham H. Roberts-to the Select Commit vate Calendar. He also, from the same committee, to which was referred the tee on the Roberts Case. bill of the Honse (H. R.10288) for the relief of James D. Gill, col By Mr. SWANSON: A resolution (H. Res. 251) directing the lector of internal revenne of Boston, Mass., reported the same Clerk of the House to pay to R. C. Kilmartin $.266.67 as salary as without amendment, accompanied by a report (No. 12;6) ; which clerk to the late Representative Sydney P. Epes-to the Commi~ said bill and report were referred to the Private Calendar. tee on Accounts. He also, from the same committee, to which was refen·ed the bill of the House (H. R. 10671) to reimburse D. W. Henry, re PRIVATE BILLS AND RESOLUTIONS INTRODUCED. ported the same without amendment, accompanied by a report Under clause 1 of Rule XXII, private bills and resolutions of (No. 1277); which said bill and report were referred to the Private the following titles were introd need and severally referred as Calendar. follows: He also, from the same committee, to which was referred the By Mr. BOREING: A bill (H. R. 11384) granting an increase bill of the House (H. R. 11137) to reimburse Frank McCord, re of pension to A. W. Pickering, late a scout in the Union Arm.y ported the same without amendment, accompanjed by a report to the Committee on Invalid Pensions. (No. 1278); which said bill and report were referred to the Private By Mr. GLYNN: A bill (H. R. 11385) for the relief of Thomas Calendar. · C. Ellison-to the Committee on Claims. He also, from the same committee, to which was referred the Also, a bill (H. R. 11386) to remove charge of desertion from bill of the Honse (H. R. 11135) for the relief of Ferdinand Eid record of James Farley, late of Company D, Second United States man, collector of internal revenue for the Third district-of New Artillery-to the Committee on Military Affairs. York, at New York City, reported the same without amendment, By Mr. LENTZ: A bill (H. R. 11387) to correct the military"rec accompanied by a report (No. 1279); which sa.ld bill and report ord of Isaac I. Kennard-to the Committee on Military Affairs. were referred to the Private Calendar. Also, a bill (H. R. 11388) granting an increase of penSlon to He also, from the same committee, to which was referred the Warner Hall-to the Committee on Invalid Pensions. bill of the House (H. R. 10955) for the relief of J. H. Bingham, Also, a bill (H. R. 11389) granting an honorable discharge to reported the same withont amendment, accompanied by a report James A. Smith, deceased-to the Committee on Military Affairs. (No. 1280) ; which said bill and report were refened to the Pii By Mr. LONG: A bill (H. R. 11390) for the relief of Abraham vate Calendar. La.rue-to the-Committee on Claims. He also, from the same committee, to which was referred the By Mr. MEYER of Louisiana: A bill (H. R. 11391) to authorize bill of the House (H. R. 10604) for the relief of James S. Fruit, Charles E. Fenner, executor of George E. Payne, deceased, to colJector of internal revenue at Pittsburg, Pa., reported the same prosecute his claim before the Court of ,Claims-to the Committee without amendment, accompanied by a report (No. 1281); which on War Claims. · . said bill and report were i·eferred to the Private Calendar. By Mr. MILLER: A bill (H. R. 11392) granting a. pension to He also, from the same committee> to which was referred the Emily Hayes-to the Committee on Pensions. bill of the House (H. R. 11133) for the relief of Charles H. Treat, By Mr. QUARLES: A bill (H. R. 11393) granting an increase collector of internal revennefor the Second district of New York, of pension to Mrs. R. A. Bradshaw-to the Committee on Pensions. of New York City, reported the same without amendment, ac By_Mr. SHERMAN: A bill (H. R. 113J4) for the relief of Wil· companied . by a report (No. 1282); which said bill and report liam G. Mayer-to the Committee on Naval Affairs. . were referred to the Private Calendar. By Mr. SULLOWAY: A bill (H. R. 11395) granting a. pension l\1r. BREAZEALE, from the Committee on Pabents, to which to Sarah J. Binnix-to the Committee on Invalid Pensions. was referred the bill of the House (H. R. 5711) extending the term By Mr. TAYLER of Ohio: A bill (H. R. 11393) granting a pen of patent No. 287230, reported the same without amendment, ac sion to Hugh H. Poe-to the Committee on Invalid Pensions. companied by a report (No. 1284); which said bill and report were Also, a bill (H. R.11397) granting a pension to James Ormsby- · referred to the Private Calendar. to the Committee on Invalid Pensions. , I 5306 ·· CONGRESSION'AL RECORD-HOUSE. MAYS, Also, a bill (H. R. 11398) granting a pension to Catherine G. the postage on cer.tain publications and favoring 1-cent local let Smith-to the Committee on Invalid Pensions. ter postage-to the Committee on the Post-Office and Post-Roads. Also, a bill (H. R. 11399) granting a pension to Joseph P. - Also, resolution of the Chamber of Commerce of Wilmington, Boals-to the Committee on Invalid Pensions. · N. C., in favor of Senate bill No. 1439, relating to an act to regulate By Mr. ZIEGLER: A bill (H. R. 11400) granting a pension to commerce-to the Committee on Interstate and Foreign Com- E. E. Loucks, widow of Isaac Loucks, Company I, Twenty-sixth merce. · Pennsylvania Infantry-to the Committee on Invalid Pensions. By Mr. BO REING: Petition of Boling Post, No. 135, of Bush Also, a bil.l (H. R. 11401) granting a pension to Jacob A. Gra Branch, Ky., Grand Army of the Republic, in favor of House bill ham, captain of Company F, Thirteenth Pennsylvania Cavalry- No. 7094, to establish a. Branch Soldiers' Home at Johnson City, to the Committee on Invalid Pensions. · Tenn.-to the Committee on Military Affairs. By ~fr. UNDERWOOD (by request): A bill {H. R. 11404) for By Mr. CONNELL: ·Petition of T. J. Thomas, of Scranton, Pa., the relief of William Cunningham, of Courtland, Ala.-to the for the repeal of the tax on medicines, perfumery, and cosmetics Committee on War Claims. to the Committee.on Ways and Means. Also (by requestL a bill (H. R. 11405) for the relief of the es By Mr. CRUMPACKER: Papers to accompany House bill No. tate of James Campbell, deceased, late of Jackson County, Ala. 10599, granting a pension to George Lambert--to the Committee to the Committee on War Claims . . on Invalid Pensions. . Also (by request), a bill (H. R. 11408) for the relief of Alfred · Also, petitions of Charles Crawford and other druggists, of Om 0. Williamson, Gurley, Madison County, Ala.-to the Committee bria, Ind., for the repeal of the tax on medicines, perfumery, and on War Claims. cosmetics-to the Committee on Ways and Means. Also (by request), a bill (H. R. 11407) for the relief of Cornila By Mr. CUMMINGS: Protest of Charles L. Spencer and 38 wage Till, of Lauderdale County, Ala.-to the Committee on War workers, of New York City, against the passage of House bill No. Claims. 10275, amending the postal law relating to second-class mail mat · Also (by request), a bill (H. R. 11408) for the relief of estate of ter-to the Committee on the Post-Office and Post-Roads. Jesse Vann, deceased, late of Madison County, Ala.-to the Com Also, petitions of Veteran Post, No. 436, and E. A. Kimball mittee on War Claims. Post, No. 100, Department of New York, Grand Army of the Re Also (by request), a bill (H. R. 11409) to remove charge of de public, in favor of House bill No. 7094, to establish a Branch Sol sertion from Eli Tippett-to the Committee on Military Affairs. diers' Home at Johnson City, Tenn.-to the Committee on Mili- Also (by request), a bill (H. R. 11410) to remove charge of deser tary Affairs. · tion from John J. Tittle-to the Committee on Military Affairs. By Mr. DENNY: Petition of Buschman Brothers, of Baltimore, Also (by request), a bill (H. R. 11411) for the relief of Josiah Md., for the repeal of the tax on medicines, perfumery, and cos Jackson, of LauderLlale County, A_la.-to the Committee on War metics-to the Committee on Ways and Means. Claims. By Mr. GAMBLE: Petitions of retail druggists and citizens of . Also (by request), a bill (H. R. 11412) for the relief of William Eureka. Castlewood, Chamberlain, Pierpont, Hurley, and Frey, J. Wilcoxson, of Lauderdale County, Ala.-to the Committee on S. Dak., re~ating to the stamp tax on medicines, perfumery, and . War Claims. cosmetics-to tho Committee on Ways and Means. Also (by request), a bill (H. R. 1~413) for the relief of Alfred By Mr. GRIFFITH: Petition of Paget Post, 180, of Bennington, 0. Williamson, Gurley, Madison County, Ala.-to the Committee Ind., Gra.nd Army of the Republic, favoring the passage of Sen on War Claims. . ate bill No. 1477, relating to pensions-to the Committee on Inva- Also (by request), a bill (H. R.11414) for the relief of the estate lid Pensi.,ns. · · of Elisha B. Clapp, deceased, late of .Madison County, Ala.-tothe I3y Mr. JETT: Petition of E. B. Joesting. a.nd other druggists Committee on War Claims. of Alton, Ill., for the repeal of the stamp tax: on proprietary medi Also {by request), a bill (H. R. 11415) for _the relief o' Mary N. cines-to the Committee on Ways and Means. Westmoreland, of Obion County, Tenn., formerly of Lauderdale By Mr. KARN: Petition of the board of supervjsors of Placer County,.Ala.-to the Committee on War Claims. County, Cal., protesting against the passage of Senate. bill 2320, . Aleo (by request), a bill (H. R.11416) for the relief of Nancy J. establishing the Lake Tahoe National Park-to the Committee on Watkins-to the Committee on War Claims. the Public Lands. - - . Also (by request). a bill (H. R. 11417) for the relief of Wil By Mr. KETCHAM: Petition of Wood & I}olton, of Pough liam M. Fussell, of Lauderdale County, Ala., formerly of Tisho keepsie, N. Y., for the repeal of the stamp tax on proprietary medi· mingo County, Miss.-to the Committee on War Claims. cines'-to the Committee on Ways and Means. · Also (by request), a bill (H. R. 11418) for the relief of Hamp By Mr. LOUDENSLAGER: Petition of Williams Donnally, ton W. -Kelley, of Madison County, Ala.-to the Committee on secretary National Dental Association, in favor of the Army dental War Claims. bill-to the Committee on Military Affairs. Also (by request}, a bill (H. R.11419) forthe relief of the trus- Also, petition of citizens of Williamstown and Bridgeton, N. J., tees of the Primitive Baptist Church, of Huntsville, Madison in favor of the Grout bill taxing oleomargarine-to the Commit- ·county, Ala.-to the Committee on War Claims. tee on Agriculture. · - Also (by request), a bill (H. R. 11420) foF the relief of ~eff. By Mr. LYBRAND: Petition of John Young and other drug Eason, Madison County, Ala.-:--to the Committee o_n War Chums. gists of Ada, Ohio, for the repeal of the stamp tax on proprietary Also (by request), a bill (H. R. 11421) for the relief of the estate medicines, perfumery, etc,_;,to j;he Committee on Ways· and of Alexander F .. Perryman, deceased, late of Lauderdale County, Means. Ala.-to the Committee on War Claimei. · By Mr. MEYER of Louisiana: Petition of J. W. Fairfax and Also (by request), a bill (H. R. 11422) .for the relief of Calvin other stock and bond brokers of New Orleans, La., for the repeal of S. Hill, of Lauderdale County, Ala.-to the Committee on War the revenue tax of $50 imposed upon their business as a license Claims. · · to the Committee on Ways and Means: ·· . Also (by request). a bill (H. R. 11423) for the relief of William - By Mr. NEVILLE: Petition of the Wom~n's Christian Tem •P. James, of Jackson County, Ala.-to the Committee on War perance Union of Cody, Nebr., urging the enactment of the anti Claims. · .canteen bill-to the Committee on Military Affairs. ' By Mr. LORIMER: A bill (H. R. 11424) granti?g an increa~e Also, evidence to accompany House bill, No. 11175, granting a of pension to Frances P. Trumbull-to the Committee on Invalid pension to Seth Raymond-to the Committee on Invalid Pensions. Pensions. · By Mr. POWERS: Resolutions of the American Association of By Mr. JAMES R. WILLIAMS: A bill (H. R.1~425) to increa~e China, favoring the passage of a bill for the improvement of the the pension of James R. Brockett-:to the Committee on Invalid consular service-to the Committee on Foreign Affairs. Pensions. · Also, resolution of the New England Shoe and Leather Asso ciation, in favor of Senate bill No. 1439, relating to an act to reg . PETITIONS, ETC .. ulate ·commerce-to the Committee on Interstate and Foreign Under clause 1 of RuleXXII, the following petitions and papers Commerce. were laid on the Clerks desk and referred as follows: By Mr. RICHARDSON: Petition of McKinney Brothers and By Mr.ADAMS: Petition of Local Union No. 77,of Philadelphia, other druggists of Fayetteville, Tenn., for the repeal o_f the stamp Pa., American Federation of Musicians, protes?ngagainst the em tax on proprietary medicines-to the Committee on Ways and ployment of the United States ~rine Band m _snc.h a way as to Means. · take from civilian musicians their means of hvehhood-to the · By Mr. ROBERTS: Petition of Barrett Woman's Christian Committee on Labor. · Temperance Union, of Lynn, ~ass., in favor ~f t~e Bowersock By Mr. BALL: Petition of J. G. Booth and ~thers, of 3: commit anti-canteen bill-to the Comnnttee on Alcohohc Liquor Traffic. tee of surviving soldiers of Texas ~ho served m the India~ wars, By Mr. RUCKER: ResolutionsofJohnD.MullinsPost,No.188, for the enactment of a law in thell' behalf-to the Committee on and Pinhart Post, No. 68, Grand Army of the Republic, Depart Pensions. · ment of Missouri, favoring the establishment of a Branch Soldiers' By Mr. BELLAMY: Resolutions of the Chamber of 9omme:ce Home at Johnson City, Tenn.-to the·Committee on ·Military of Wilmington, N. C., indorsing House bill No. 10374, mcreasmg Affairs. 1900. CONGRESSIONAL. RECORD-SENATE. 5307 By Mr. HENRY C. SMITH: Petition of Edward M. McMillin tax on grain or cotton tickets and bills of-lading-to-the Commit and members of the First Presbyterian Church of Adrian, Mich., tee on Ways and Means. to prevent the dealing in intoxicating drinks upon premises used Also, resolution of the Chamber of Commerce of the .State of for military purposes-to the Committee on Military Affairs. New York, favoring the passage of House bill No. 10374, modify By Mr. SPERRY: Petition of Mansfield Post, of Middletown, ing the Loud bill-to the Committee on thef>ost-Office and ·Post Conn., Grand Army of the Republic, favoring the passage of Sen Roads. ate bill No. 1477, relating to pensions-to the Committee on Inva By Mr. ZIEGLER: Papers to a.ccomJ>any House bill granting a lid Pensions. peneion to E. E. Lou~ks, widow of Isaac· Loucks, late of Company Also, petition of drnggists of Waterbury, Derby, and Guilford, I, Twenty-sixth Pennsylvania Infantry-to the Committee on Conn., for the repeal of the tax on medicines, perfumery, and cos Invalid Pensions. metics-to the Committee on Ways and Means. Also, papers to accompany House bill to grant a pension to · By Mr. STEWART of New Jersey: Petition of Samuel Sykes Jacob A. Graham, captain of Company F, Thirteenth Pennsyl and other drnggists of Paterson, N. J., for the repeal of the tax vania Cavalry-to the Committee on Invalid Pensions. on medicines, . perfumery, and cosmetics-to the Committee on Ways and Means. By Mr. STEWART of Wisconsin: Resolutions of Samuel H. SENATE. Sizer Post, No. 207, of Marinette, Wis., Grand Army of the Re public, urging the passage of certain amendments to the present WEDNESDAY, May 9, 1900. pension law-to the Committee on Invalid Pensions. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. Also, petition of clerks of the Milwaukee (Wis.) post-office, in The Secretary proceeded to read the Journal of yesterday!s pro favor of the passage of House bill No. 4351, for the classification of ceedings, wheni on request of Mr. RAWLINS, and by unanimous post-office clerks-to the Committee on the Post-Office and Post consent, the further reading was dispensed with. Roads. The PRESIDENT pro tempore. Without objection, the Jour Al o, petition of Gallagher & McCarthy, of Shawano, Wis., for the repeal of the stamp tax on proprietary medicines, perfumery, nal will stand approved. etc.-to the Committee on Ways and Means. TRADE RELATIONS WITH FRANCE AND ALGERIA. By Mr. SULLOWAY: Petition of F. S. Prescott and 10 other The PRESIDENT pro tempore laid -before the Senate a com citizens of Epping, N. H., in favor of the passage of House bill munication from the Se :::retary of the Treasury, transmitting, in No. 3717, amending the oleomargarine law-to the.Committee on response to a resolution of the 26th ultimo, a ~tatement showing Agriculture. the quantity and value of merchandise impOl'tedinto the United By Mr. UNDERWOOD (by request): Paper to accompany States from France and Algeria, by monthsi under the provisions House bill to remove the charge of desertion from the record of of the reciprocal commercial arrangement concluded on May 28, John J. Little-to the Committee on Military Affairs. 1898, etc.; which, with the.accompanying papers, was referred to Also, petition of the heirs of V. Burrow, deceased, late of Lau the Committee on Finance, and ordered to be printed. derdale Uounty, Ala., for reference of war claims to the· Court of ALLEGED VIOLATIONS OF CIVIL-SERVICE L.A W. C~aims-to the Committee on War Ulaims. : A.lso, petition of Tabitha Stephens, of Jackson County, Ala., for The PRESIDENT pro tempore laid before the Senate a com reference of war claim to the Court of Claims-to the Committee munication from the Attorney-General, transmitting, in response on War Claims. to a resolution of the 3d instant, certain information reJative to Also, petition of the heirs of Nathaniel Kenmemer, deceased, of what action, if any, _has been taken by the Department of Justice Jackson County, Ala., to refer claim to the Court of Claims-to in reference to alleged violations of the civil-service law; which, the Committee on War Cla,jms. with the accompanying papers, was referred to the Committee on Also, petition of Malinda McClendon, of Jackson County, Ala., Civil Seryice and Retrenchment, and ordered to be printed. praying reference of war claim to the Court of Claims-to the WILLIAM H. THEOBALD. Committee on War Claims. The PRESIDENT pro tempore laid before the Senate a com Also, petition of George Cross, of Jackson County, Ala., pray munication from the Attorney-General, in-response to a resolu ing reference of war claim to the Court of Claims-to the Com tion of the 30th ultimo, calling for the report of Special Agent mittee on War Claims. W. A. Sutherland, relative to the connection of William H. Theo Also, pet.ition of David Derrick, of Jackson County, Ala., bald with the Chinese investigation and criminal trial of Deputy praying reference of war claim to the Court of Claims-to the Collector Porter, of Malone, etc., stating that for.certain reasons Committee on War Claims. given he deems it his duty for the present not to-make the report Also, petition of Sarah Derrick, of Jacks.on County, Ala., public; which was ordered to lie on the table and be printed. praying reference of war claim to the Court of Claims-to the GOVERNMENT FOR HAWAll. Committee on \Var Claims. . By Mr. WADSWORTH: Petition of 4 postal clerks of Dans The PRESIDENT pro tempore laid before the Senate a com ville, N. Y., favoring the passage of House bill No. 4351-to the munjcation from the Secretary of the Treasury, transmitting esti Committee on the Post-Office and Post-Roads. µiates of a_ppropriations required to carr¥ out certain provisions Also, petition of James Gallagher and 10 members of Branch of an act entitled "An act to provide a government for the Terri 355, National Association of Letter Carriers.Niagara Falls,N. Y., tory of Hawaii," approved April 30, 1900; which was referred to favoring the passage of House bill No. 4911, in the interest of the Committee on Appropriations, and ordered to be printed. letter carriers-to the Committee on the Post-Office and Post . COMPE 'SA.TION IN LIEU OF ·MOIETIES. Roads. The PRESIDENT pro tempore laid before the Senate a com Also, petition of Grange No. 870, Patrons of Husbandry, Caledo munication from the Secretary of -the ·Treasury, transmitting a nia, N. Y., in favor of the passage of House bill No. 3717, known letter from the acting chief of division of customs, Treasury as the Grout oleomargarine bill-to the Uommittee on Agricul Department-, in relation to the inadequacy of the sum of $10,000 ture. for "compensation in lieu of moieties," for the. ensuing fiscal Also, petition of Grange No. 870, Patrons of Husbandry, of year, and recommending that the amount be increased to $20,000; Caledonia, N. Y., and B. N. Walker and 15 c~tizens of Bergen, which, with the accompanying paper, wa·s referred to the Com N. Y., in favor of Senate bill No. 1439, relating to an act to regu mittee on Appropriations, and ordered to be printed. late commerce-to the Committee on Interstate and Foreign Com- COURTS IN HAWAII. merce. . By Mr. WEYMOUTH: Petition of the Baptist Church of Ash The PRESIDENT pro tempore laid before the Senate a commu land, Mass. , in favor of the Bowersock anti-canteen bill-to the nication from the Secretary of the Treasury, transmitting a letter Committee on Insular Affairs. from the Attorney-General submitting additional estimates of By Mr. JAMES R. WILLIAMS: Papers to accompany House appropriations for salaries of clerk a:8d reporter of the United bill granting an increase of pension to Jam es R. Brackett-to the States district court, additional United States district judges, and Committee on Invalid Pensions. miscellaneous expenses, United States courts, Territory of Hawaii; Also, resolutions of the Cumberland Presbyterian Young Peo which, with the accompanying paper, was referred to the Com ple's Society of Christian Endeavor of Mount Vernon. Ill., against mittee on Appropriations, and ordered to be printed. jsland saloons and canteens-to the Committee on Alcoholic ELECTION IN CUBA. Liquor Traffic. . . The PRESIDENT pro tempore laid before the Senate a commu- By Mr. WILSON of Id~~o: Petition of C.H. Arbuc~e, State nication from the Secretary of War, transmitting, in further re· game warden. and other c1t1zens of Idaho, for the estahhshment sponse to a. resolution of March 21, 1900, certain information r ela of a fish hatchery. at Henrys Lake, Idaho-to the Committee on Itive to the qualifications required to -entitle a person to vote at the .Merchant Marme a~d. Fi sh~ries.. , . the coming election in the island of Cuba, etc.; which, with the By Mr. YOUNG: Petit10n of Gram Dealers National Associa- accompanying papers, was referred to the Committee on Rela tion of Chicago, Ill., praying for a reduction of the war-revenue tions with Cuba, and ordered to be printed.